BANK OF AMERICA, N.A. v. SUPERIOR COURT

No. G046829.

212 Cal.App.4th 1076 (2013)

151 Cal. Rptr. 3d 526

BANK OF AMERICA, N.A., et al., Petitioners, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; PACIFIC CITY BANK, Real Party in Interest.

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

January 15, 2013.


Attorney(s) appearing for the Case

Gilbert, Kelly, Crowley & Jennett, Jeffrey L. Crafts , Warren S. Fujimoto , Wayne I. Jeung and Peter J. Godfrey for Petitioners.

No appearance for Respondent.

Geraci Law Firm, Josh A. Lazar and Amy E. Martinez for Real Party in Interest.


OPINION

FYBEL, J.

INTRODUCTION

When an insurer retains counsel to defend its insured, a tripartite attorney-client relationship arises among the insurer, insured, and counsel. As a consequence, confidential communications between either the insurer or the insured and counsel are protected by the attorney-client privilege, and both the insurer and insured are holders...

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