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MOELLER v. SUPERIOR COURT

Docket No. S054624.

16 Cal.4th 1124 (1997)

ROGER D. MOELLER, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; SANWA BANK, Real Party in Interest.

Supreme Court of California.

December 4, 1997.

Attorney(s) appearing for the Case

COUNSEL

Lynch & Lynch, Kevin G. Lynch, Craig M. Lynch, Ross, Sacks & Glazier, Bruce R. Ross and Terrence M. Franklin for Petitioner.

No appearance for Respondent.

Stephen H. Weiss, Jill Switzer, Phyllis A. Siegel, Mitchell, Silberberg & Knupp, Hayward J. Kaiser, Allan B. Cutrow, Richard B. Sheldon, Greines, Martin, Stein & Richland, Kent L. Richland and Carolyn Oill for Real Party in Interest.

Christopher Chenoweth, Haight, Brown & Bonesteel, Roy G. Weatherup, R. Roy Finkle, Bronson, Bronson & McKinnon, James C. Krieg, Elizabeth A. Erskine, Loeb & Loeb, Andrew S. Garb, Jeffrey M. Loeb and David C. Nelson as Amici Curiae on behalf of Real Party in Interest.

OPINION

WERDEGAR, J.

In this proceeding for an accounting, the successor trustee of a private express trust seeks to discover from the predecessor trustee documents reflecting confidential communications between the predecessor and an attorney on matters of trust administration. The question before us is whether the predecessor trustee may assert the attorney-client privilege as to such...

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