Does attorney-client privilege apply to the discovery of occurrence reports?

California, United States of America


The following excerpt is from Scripps Health v. Superior Court, 109 Cal.App.4th 529, 135 Cal.Rptr.2d 126 (Cal. App. 2003):

distinction is not contained in statutes articulating the attorney-client privilege nor cases interpreting the scope of the privilege. (See Mitchell v. Superior Court (1984) 37 Cal.3d 591, 601, 208 Cal.Rptr. 886, 691 P.2d 642 [no differentiation between factual and legal information].) It may be that the factual aspect of the reports will be revealed during some other aspect of discovery, but this does not make the occurrence reports discoverable.

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