Requested Discovery Was Relevant To Discovery On Punitive Damages Financial Condition Where Trial Court Allowed Civil Code Section 3295 Discovery.
In Johnson v. Superior Court (Parker), Case No. C070028 (3d Dist. Sept. 28, 2016) (unpublished), the Third District denied the defendants’ mandate petition to prevent discovery of the amount and source of attorney’s fees paid and owed to the defense after the trial judge allowed punitive damages financial condition discovery under Civil Code section 3295. The defense claimed the information was protected by the attorney-client privilege, with plaintiffs challenging this because they did not want the retainer agreement but only information regarding the amount of attorney’s fees paid by defendants. The Third District sided with plaintiffs, citing In re Michaelson, 511 F.2d 882, 888 (9th Cir. 1975) for the proposition that the fact of a retainer, the identity of a client, the conditions of employment, and the amount of the fees and who paid do not come within the scope of the privilege and the information was relevant as to defendants’ financial condition.