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D.I. CHADBOURNE, INC. v. SUPERIOR COURT

Docket No. S.F. 21439.

60 Cal.2d 723 (1964)

388 P.2d 700

36 Cal. Rptr. 468

D.I. CHADBOURNE, INC., Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; WILLIAM HARRISON SMITH et al., Real Parties in Interest.

Supreme Court of California. In Bank.

January 30, 1964.

Attorney(s) appearing for the Case

Cresswell, Davis & Church and R.T. Cresswell for Petitioner.

Dunne, Bledsoe, Smith, Phelps, Cathcart & Johnson and Robert A. Seligson as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Hoberg, Finger, Brown & Abramson, Michael J. Kennedy, John H. Finger and James B. Werner for Real Parties in Interest.

Hersh & Hadfield and Le Roy Hersh as Amici Curiae on behalf of Real Parties in Interest.

PETERS, J.

The sole question presented by this mandate proceeding is whether a certain written statement, obtained by a representative of petitioner's insurance carrier and delivered to its attorney, was privileged as a matter of law,1 and so protected from discovery, or whether the issue presented was purely factual. We have concluded that the statement of the witness was not privileged as a matter of law, and that a factual issue was...

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