WELLS FARGO BANK v. SUPERIOR COURT

No. S057324.

91 Cal.Rptr.2d 716 (2000)

22 Cal.4th 201

990 P.2d 591

WELLS FARGO BANK, N.A., Petitioner, v. The SUPERIOR COURT of Los Angeles County, Respondent; Vickie Boltwood et al., Real Parties in Interest. O'Melveny & Myers LLP, Petitioner, v. The Superior Court of Los Angeles County, Respondent; Vickie Boltwood et al., Real Parties in Interest.

Supreme Court of California.

January 13, 2000.


Attorney(s) appearing for the Case

White & Case, John A. Sturgeon, James R. Cairns, Los Angeles, and Carole C. Peterson, for Petitioner Wells Fargo Bank, N.A.

O'Melveny & Myers, Robert M. Schwartz, Craig A. Corman, Los Angeles, Nancy E. Sussman, Burbank, Richard D. Beller, Los Angeles, and Russell G. Allen, Newport Beach, for Petitioner O'Melveny & Myers.

Christopher Chenoweth; Steefel, Levitt & Weiss, Stephen S. Mayne, Lisa M. Carvalho and Mark Fogelman, San Francisco, for California Bankers Association as Amicus Curiae on behalf of Petitioners.

No appearance for Respondent.

Goldstein & Phillips, Goldstein & Musto, Alvin H. Goldstein, Jr., Mark L. Musto and Kelly J. Snowden, San Francisco, for Real Parties in Interest.


WERDEGAR, J.

In this action for an accounting, the beneficiaries of a private express trust seek to compel the trustee to disclose its privileged communications with attorneys. We conclude the trustee may assert the attorney-client privilege against the beneficiaries.

I. FACTS AND PROCEDURAL HISTORY

William A. Couch established the Couch Living Trust in October 1991. He served as the sole trustee until his death in March 1992. At that time, William...

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