Judge: Mark H. Epstein, Case: 22SMCV00598, Date: 2024-12-13 Tentative Ruling

If the parties wish to submit on the tentative ruling and avoid a court appearance on the matter, the moving party must contact the opposing party and all other parties who have appeared in the action and confirm that each will submit on the tentative ruling. Please call the court no later than 4:30 p.m. on the court day before the hearing, leave a message with the court clerk at (310) 260-3629 advising her that all parties will submit on the tentative ruling and waive hearing, and finally, serve notice of the Court's ruling on all parties entitled to receive service. If any party declines to submit on the tentative ruling, then no telephone call is necessary, and all parties should appear at the hearing.

Case Number: 22SMCV00598    Hearing Date: December 13, 2024    Dept: I

The matter is here on an interesting motion to compel further responses.  The underlying issue dealt with discovery propounded by plaintiff to defendant seeking certain documents.  Defendant objected to much of the production on the basis of attorney/client privilege or attorney work product.  Plaintiff’s position is that counsel was not providing legal advice to the client, but rather was acting as the adjuster, which, if true, would mean that the documents would not be immune from discovery.  The court held an earlier hearing on September 13, 2024.  At that hearing, the court issued a very long tentative.  The court ordered the defense to submit a detailed privilege log identifying any document not being produced on the basis of privilege (except documents created after the start of litigation, documents between counsel and Galloway and no one else, documents that have been produced in redacted form and where the not redacted material would not be on the log, and documents between the attorney and people at FFIC and no one else but FFIC will keep a list of individuals involved and the parties will meet and confer on the list).  The log was to be produced by October 18, 2024.  The matter was continued to today.  No further briefing has been filed (or was required).

The court will inquire of the parties.  The court is hopeful that the dispute has been resolved, or at least narrowed.  The court will, after hearing from counsel, decide what, if any, additional orders or procedures are needed.