Plaintiffs Eastlake Profession Center Owners Association and Pathfinder Otay Holdings, LLC's Motion to Compel Return of Privilege Documents is denied.
The court finds that Plaintiffs waived the privilege when the documents were transmitted to its construction manager, Meissner Jacquet. Evidence Code § 912(a) provides that "the right of any person to claim a privilege provided by Evidence Code § 954 is waived with respect to a communication protected by such privilege if any holder of the privilege, without coercion, has disclosed a significant part of the communication or consents to such disclosure made by anyone." Under Evidence Code §952, "confidentiality is retained if such an attorney-client privilege is transmitted in confidence to no third persons other than those who are present to further the interests of the client." Evidence Code §952 "permits sharing of privileged information when it furthers the attorney-client relationship; not simply when two or more parties might have
Hearing Date
February 27, 2020
Category
Civil - Unlimited
Type
Breach of Contract/Warranty
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Plaintiffs Eastlake Profession Center Owners Association and Pathfinder Otay Holdings, LLC's Motion to Compel Return of Privilege Documents is denied.
The court finds that Plaintiffs waived the privilege when the documents were transmitted to its construction manager, Meissner Jacquet. Evidence Code § 912(a) provides that "the right of any person to claim a privilege provided by Evidence Code § 954 is waived with respect to a communication protected by such privilege if any holder of the privilege, without coercion, has disclosed a significant part of the communication or consents to such disclosure made by anyone." Under Evidence Code §952, "confidentiality is retained if such an attorney-client privilege is transmitted in confidence to no third persons other than those who are present to further the interests of the client." Evidence Code §952 "permits sharing of privileged information when it furthers the attorney-client relationship; not simply when two or more parties might have