Tag Archives: Coito v Superior Court

Does Coito Dilute Work Product Privilege In California?

On June 25, 2012, the California Supreme Court issued its long-awaited decision in Coito v. Superior Court, addressing the issue of whether a party in litigation could rely upon the work product doctrine to withhold witness statements obtained by its attorneys or the identities of persons who had given such statements.

In summary, while parties in California have long relied upon dicta in the Court of Appeal decision in Nacht v. Lewis for the proposition that such information is protected from disclosure by the work product doctrine, case-by-case determinations may now be required to determine whether a party must provide such information to its adversary in discovery in California state court cases.

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New California Supreme Court Decision Will Affect Whether And When Parties Obtain Witness Statements In Litigation, Particularly In Class Actions

by Michael S. Kun

Yesterday, the California Supreme Court issued its long-awaited decision in Coito v. Superior Court, addressing the issue of whether a party in litigation could rely upon the work product doctrine to withhold witness statements obtained by its attorneys or the identities of persons who had given such statements.

In short, while parties in California have long relied upon dicta in the Court of Appeal decision known as Nacht v. Lewis for the proposition that such information is protected from disclosure by the work product doctrine, case-by-case determinations will now be required to determine whether a party must provide such information to its opponent in discovery in California state court cases.

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