THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Petitioners,
v.
THE SUPERIOR COURT OF SAN DIEGO COUNTY, Respondent;
AQUILA MERCHANT SERVICES, INC., et al., Real Parties in Interest.
Court of Appeals of California, Fourth District, Division One.https://leagle.com/images/logo.png
July 30, 2008.
July 30, 2008.
Attorney(s) appearing for the Case
Cotchett, Pitre & McCarthy, Joseph W. Cotchett, Nancy L. Fineman, Steven N. Williams and Nanci E. Nishimura for Petitioners.
No appearance for Respondent.
Quinn Emanuel Urquhart Oliver & Hedges, A. William Urquhart, Kathleen M. Sullivan, Kristen Bird, Roxanna A. Manuel; Fulbright & Jaworski, Peter H. Mason and Joshua D. Lichtman for Real Party in Interest Coral Energy Resources.
Pillsbury, Winthrop, Shaw, Pittman, Douglas T. Tribble and Michael J. Kass for Real Parties in Interest Dynegy Inc., West Coast Power and Dynegy Marketing and Trade.
Hall, Estill, Hardwick, Gable, Golden & Nelson, Graydon Dean Luthey, Jr., Sarah Jane Gillett; English & Gloven and Donald A. English for Real Parties in Interest The Williams Companies, Inc., and Williams Gas Marketing, Inc., formerly known as Williams Energy Marketing and Trading Co.
Hogan & Hartson and David R. Singer for AEP Energy Services, Inc., as Amicus Curiae on behalf of Real Parties in Interest Coral Energy Resources, Duke Energy Corporation, Duke Energy Trading and Marketing, Dynegy Power Companies, Inc., The Williams Companies, Inc., and Williams Energy Marketing and Trading Co.
Court of Appeals of California, Fourth District, Division One.
OPINION
BENKE, J.
Evidence Code section 912, subdivision (a), provides that the attorney-client privilege is waived when "without coercion" a holder of the privilege has either disclosed or consented to the disclosure of a significant part of an otherwise privileged communication. In this writ proceeding we consider whether disclosure of privileged communications is free of coercion when, as a matter of policy, the federal government advised corporations...
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