GMSR obtains writ of mandate preventing disclosure of attorney-client privileged documents and communications

Truck Insurance Exchange v. Superior Court (Golden State Developers, Inc.) (2013) 2013 Cal.App. Unpub. LEXIS 5487 (California Court of Appeal, First Appellate District, Division One) [unpublished]. 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.