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SAFEWAY STORES, INC. v. SUPERIOR COURT

Docket No. 19844.

193 Cal.App.2d 270 (1961)

14 Cal. Rptr. 243

SAFEWAY STORES, INC. (a Corporation), Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; IVA BURROUS, Real Party in Interest.

Court of Appeals of California, First District, Division One.

June 22, 1961.

Attorney(s) appearing for the Case

Weinmann, Rode, Burnhill & Moffitt and Cyril Viadro for Petitioner.

No appearance for Respondent.

Smith, Parrish, Paduck & Clancy and Robert H. Laws, Jr., for Real Party in Interest.

TOBRINER, J.

[1] While a motion for an order for inspection of an accident report may be defeated upon the ground that the dominant purpose of the report is for transmittal to an attorney in the course of professional employment, the party invoking the privilege bears the burden of making such a showing. The nature and purpose of the report comprises a factual issue which must be resolved by the trial court. Here, as we shall point out, the trial court...

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