[TENTATIVE] ORDER RE MOTION TO COMPEL

On August 16, 2018, plaintiff Louis and Mery Rivas (“Plaintiffs”) filed this action against Michael Bowers and VW Credit Leasing alleging Bowers’ vehicle collided with the car in which they were riding on July 14, 2017. On September 28, 2018, Michael Bowers filed an answer and a cross-complaint for indemnity against Elmer Rubio. Apparently, Rubio was driving the car in which Plaintiffs were riding. On February 22, 2019, Plaintiffs filed a dismissal of VW Credit Leasing. Rubio answered on July 31, 2019.

Rubio served a request for production of documents on Bowers on October 4, 2019, seeking a recorded statement Bowers made to his insurance company about the accident. Bowers objected, stating “Attorney client privilege and attorney client work product asserted for the recorded statement of Defendant Michael Bowers taken by Defendant’s insurance company in anticipation of litigation.” Bowers did not produce a privilege log. Rubio moved to compel.