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VOLKSWAGEN OF AMERICA v. SUPERIOR COURT

No. A112934.

43 Cal.Rptr.3d 723 (2006)

139 Cal.App.4th 1481

VOLKSWAGEN OF AMERICA, INC., Petitioner, v. The SUPERIOR COURT of San Francisco County, Respondent; Buddy Rusk, Sr., Real Party in Interest.

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

May 26, 2006.

Attorney(s) appearing for the Case

Carroll, Burdick & McDonough LLP, James G. Scadden, Gordon & Rees LLP, Don Willenburg, San Francisco, CA, for petitioner.

Morgenstein & Jubelirer LLP, Jean L. Bertrand, Mary Ellen Gambino, Robert G. Engel, San Francisco, CA, for amicus curiae on behalf of petitioner.

No appearance for Respondent.

Brayton—Purcell LLP, Allan R. Brayton, Gilbert L. Purcell, Lloyd F. LeRoy, Nancy B. Thorington, Novato, CA, for Real Party in Interest.

POLLAK, J.

Are documents submitted to bankruptcy trusts by a plaintiff's attorney in support of claims for compensation for alleged asbestos-related injuries discoverable in similar litigation against another entity? We conclude that most such documents normally are, and shall issue a writ of mandate to correct an overly restrictive discovery order entered in the trial court.

FACTUAL AND PROCEDURAL BACKGROUND

On December 10, 2003, real party in interest...

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