Cases

In an insurance coverage dispute, the trial court, purporting to apply the crime-fraud exception to the attorney-client privilege, ordered production of hundreds of documents reflecting confidential attorney-client communications and ordered deponents at upcoming depositions to answer questions seeking confidential attorney-client communications. It reasoned that its prior denial of summary judgment on a malicious prosecution claim and its findings of potential insurance coverage sufficed to make the crime-fraud exception applicable. GMSR filed a petition for writ of mandate arguing that there was no showing of any crime or fraud as required by the crime-fraud exception. The Court of Appeal agreed, and ordered the trial court to vacate its discovery orders.

Case Briefs

• Petition for Writ of Mandate - View Document
• California Court of Appeal Opinion - View Document