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OXY RESOURCES CAL. LLC v. SUPERIOR COURT

Nos. A101512, A101632.

9 Cal.Rptr.3d 621 (2004)

115 Cal.App.4th 874

OXY RESOURCES CALIFORNIA LLC, Petitioner, v. The SUPERIOR COURT of Solano County, Respondent; Calpine Natural Gas LP, Real Party in Interest. Calpine Natural Gas LP, Petitioner, v. The Superior Court of Solano County, Respondent; EOG Resources, Inc., et al., Real Parties in Interest.

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

As Modified March 4, 2004.

Attorney(s) appearing for the Case

Mitchell Silberberg & Knupp, Elia Weinbach, Evan Goldstein, Douglas Bordewieck, Los Angeles, Counsel for Petitioner Oxy Resources California LLC.

No appearance for Respondent.

David S. MacCuish, Los Angeles, Nana Nakano, Deborah Y. Jones, Weston, Benshoof, Rochefort, Rubalcava & MacCuish, Los Angeles, Counsel for Real Party in Interest and for Petitioner Calpine Natural Gas LP.

Clement L. Glynn, Andrew T. Mortl, Glynn & Finley, Walnut Creek, Counsel for Real Parties in Interest, EOG Resources, Inc., et al.

PARRILLI, J.

May parties negotiating a business transaction rely on a "joint defense agreement" as the basis for refusing to produce privileged documents exchanged long before they are actually sued by a third party? Ordinarily, a joint defense agreement protects privileged information shared by defendants after a lawsuit has been filed, including defense strategies. Here, the parties entered into a joint defense agreement...

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