Truck Insurance Exchange v. Superior Court (July 31, 2013, A137420) 2013 WL 3984597 [nonpublished opinion]

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.

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