Legal Question in Personal Injury in California

Re: Civil Litigation

I disagree with Mr. Hoffman.

In propria persona litigants may assert Cal. Civ. Proc. Code � 2018's work product privilege. Dowden v. Superior Court, 73 Cal. App. 4th 126.

As the Dowden case explains, Since "work product" is not defined under Cal. Civ. Proc. Code � 2018, whether specific material is work product must be resolved on a case-by-case basis.

In determining whether particular matter is privileged as work product, the court should be guided by the underlying policies of the statute.

A practical guide for ascertaining its scope indicates that material of a derivative character, such as diagrams prepared for trial, audit reports, appraisals, and other expert opinions, developed on the initiative of counsel in preparing for trial, are protected as work product.

An in camera review is the proper method for determining whether specific items are subject to a work product privilege.

Best of luck to you.

Yours truly,

Bryan

877.201.8728

Re: Civil Litigation

I have read Mr. Becker's response and have reviewed the case he cites. He is right and I was wrong. My apologies.

Note that the California Supreme Court has not said whether it agrees with this result, and neither have some of the state's regional courts of appeal. There is no guarantee that the court your case is in will agree with the Dowden decision. So far, though, it seems no appellate court has disagreed with Dowden since it was handed down in 1999.

Re: Civil Litigation

No.