In 1996, the Third District Court of Appeal in Nacht & Lewis Architects, Inc. v. Superior Court held that statements given by witnesses to an attorney working on a case were not discoverable by the other parties in litigation.  The Appellate Court held that the work-product privilege barred production because the statements would reveal counsel’s impressions, conclusions, and opinions.  For a long time, this was the undisputed law.

In March 2010, in the case of Coito v. Superior Court, the Court of Appeal for the Fifth  District criticized and rejected the holding in Nacht & Lewis and held that such statements are discoverable.  Recognizing the conflicting rulings, in June 2010 the California Supreme Court took the case upon review.  Despite Coito being an unpublished decision pending the review, parties continue to rely on its rationale in current discovery dispute.  Others continue to rely on Nacht & Lewis, claiming that for now, it is the only published decision on the issue.

There is no doubt that this discovery issue will continue to rage until a decision by the California Supreme Court is issued.

For more information, or if you need legal assistance, please contact the Wagner Legal Group, P.C. at (310) 857-5293 or fill out our contact form on the website.