Perspective
Oct. 20, 2012
New law to require factual description of claimed privileges
The bill states that it should not be "construed to constitute a substantive change in case law," but its effects could prove to be a bit more far-reaching than its drafters envisioned. By Lucas A. Messenger of Peitzman Weg LLP
Though it may come as some surprise to many, a party responding to a request for production in California currently is under no obligation to provide a privilege log in connection with its response - either initially or at some later date. See Best Products, Inc. v. Super. Ct., 119 Cal. App. 4th 1181, 1188 (2004) (finding there is no requirement that a privilege log be served at the time responses are served). Indeed, the term "p...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In