Holmes v. Petrovich Development Co., LLC
California Court of Appeal
191 Cal. App. 4th 1047, 119 Cal. Rptr. 3d 878 (2011)
- Written by Sean Carroll, JD
Facts
Gina Holmes (plaintiff) worked for Petrovich Development Company, LLC (the company). Holmes’s boss was Paul Petrovich (defendant). Holmes sued Petrovich and the company for sexual harassment, wrongful termination, and intentional infliction of emotional distress, among other claims. Holmes filed a motion in limine to exclude certain emails from evidence, asserting the attorney-client privilege. Holmes had sent the emails to her personal attorney on her company computer. The company objected to the motion on the ground that the company’s policy was that company computers were not for personal use, including personal email. The company had warned Holmes that this policy existed, that employee emails thus were not private, and that the company would monitor employee computers for compliance with the policy. Holmes was aware of and had agreed to the policy. The trial court denied Holmes’s motion to exclude the emails. Holmes appealed.
Rule of Law
Issue
Holding and Reasoning (Scotland, J.)
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