Case Summary

p1632 REVIEW GRANTED After her minor son drowned, the petitioner brought a wrongful death action against the state and other defendants. A state investigator interviewed four of six juveniles present at the drowning, and the petitioner brought a motion to compel discovery of the witness statements and other information about the juveniles. The trial court improperly denied the motion to compel because verbatim witness statements are not derivative or interpretive in nature and are therefore not protected attorney work product.

COITO v SUPERIOR COURT (Work Product Privilege) 182 CA4 758 REV GRTD [See Nacht & Lewis v Superior Court, 47 CA4 214]