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Hernandez v. Superior Court

California Court of Appeal
4 Cal. Rptr. 3d 883 (2003)


Plaintiffs sued Milwaukee Electric Tool Corporation (Milwaukee) and others (defendants), alleging a cause of action for wrongful death. The trial court entered a scheduling order permitting additional discovery to be served on the plaintiffs. The order required the plaintiffs to respond to the discovery requests promptly, fully, and without evasion. The order also required that a privilege log accompany any privilege objections. A privilege log was defined as a log that identified each privileged document, the document’s author, the date the document was prepared, all recipients, and the specific privilege claimed. The plaintiffs later raised privilege objections to interrogatories seeking the identification of documents. The plaintiffs then refused to identify the documents in the interrogatory responses based on their privilege objection. The plaintiffs also did not provide a privilege log identifying the documents. Milwaukee filed a motion to compel. The trial court granted the motion, deemed that all privilege objections had been waived, and ordered further responses to the interrogatories. The plaintiffs appealed to the California Court of Appeal.

Rule of Law


Holding and Reasoning (Hastings, J.)

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