What is the legal test for a motion to compel an attorney to produce a document containing attorney-client privilege?
California, United States of America
The following excerpt is from Johnson v. Superior Court of Yuba Cnty., C070028 (Cal. App. 2016):
Evidence Code section 911 provides, in part: "Except as otherwise provided by statute: [] . . . [] (b) No person has a privilege to refuse to disclose any matter or refuse to produce any writing, object, or other thing . . . ." In response to a motion to compel, the burden is on the party claiming a privilege to establish entitlement to the attorney-client privilege. (Zimmerman v. Superior Court (2013) 220 Cal.App.4th 389, 393.)
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