Wins

Writ petitions can provide valuable relief when a trial court issues an erroneous order in the middle of litigation.  This proved to be the case recently for a GMSR client.

During discovery, the client faced an order to produce several documents that it had asserted were privileged.  To challenge the ruling as part of an appeal after a final judgment would be too late, as the client already would have disclosed the privileged information.

To protect the client’s rights, GMSR filed a writ petition in the Court of Appeal, arguing that the trial court lacked jurisdiction to grant the motion to compel because it was untimely.  The petition also requested an immediate stay.

The Court of Appeal granted the immediate stay.  It then issued an “alternative writ,” an order indicating that it was inclined to rule in the client’s favor on the merits and offering the trial court an opportunity to revisit its ruling.  The alternative writ adopted GMSR’s view that the motion to compel was untimely and should have been denied.

The result:  The trial court decided to vacate its order and enter a new order denying the motion to compel, just as the Court of Appeal had suggested in its alternative writ.

To read the Petition, click HERE.