New Legal Developments

Privilege Logs – Assertion of Privilege

Catalina Island Yacht Club v Superior Court (Beatty) (2015) 242 Cal.App.4th 1116.
Reversed a trial court order to defendant to turn over 167 email messages that the defendant claimed were privileged.
This opinion stands for the proposition that the trial court lacks the discretion to determine that a claim of privilege (like the attorney-client privilege) is waived if a party produces an inadequate privilege log in response to a written discovery request.
The 2012 amendment to CCP 2031.240 did not abrogate a long line of cases finding no waiver despite an inadequate privilege log.
Since the trial court’s waiver analysis was not based on one of the three statutory grounds for waiver in Ev.C 912 and CCP 2013.300, reversal was required.