Plaintiffs’ Motion for Discovery Order Finding Waiver of Attorney-Client Privilege. Plaintiff moves for an order determining that the defendant HOA waived the attorney-client privilege by allowing agents to testify at depositions as to communications between the HOA and counsel on the issues in the complaint and by producing privileged documents at the last deposition. Plaintiffs also request an award of monetary sanctions in the amount of $7,500. Plaintiff’s proposed order directs that defendant be compelled to produce all attorney-client privileged documents regarding communications between the HOA and attorney Deon Stein as to all issues raised in the complaint without limitation to the enactment of the large livestock rule, which were requested in the subject deposition notices.
Defendant HOA opposes the motion on the following grounds: the court can not compel further production as the motion was not brought within 45 days of the responses to the requests for production as mandate