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CALIFORNIAPeter A. DubrawskiHAIGHT BROWN & BONESTEEL, LLP555 South Flower Street, Forty-Fifth FloorLos Angeles, CA 90071Phone (213) 542-8000www.hbblaw.compdubrawski@hbblaw.com1. Does your state recognize an exemption from discovery (or a privilege) forpre-suit investigation materials? Is there a key to preserving thisexemption/privilege (i.e. involvement of counsel)?Yes, pursuant to California Code of Civil Procedure section 2018.030, writings thatreflect an attorney's impressions, conclusions, opinions, or legal research or theoriesare protected and not discoverable under any circumstances. This is an absoluteprivilege. In addition, the work product of an attorney other than that just described isnot discoverable unless the court determines that the denial of discovery will unfairlyprejudice the party seeking discovery in preparing that party's claim or defense, or willotherwise result in an injustice. This is a qualified privilege.California case law examining section 2018.030 has determined that this privilege alsoextends to writings and materials prepared by an attorney while acting in a non-litigationcapacity. (County of Los Angeles v. Superior Court (Axelrad) (2000) 82 Cal.App.4th819; Rumac Inc. v. Bottomley (1983) 143 Cal.App.3d 810.) While the attorney is theholder of this privilege, a client can assert the privilege if the attorney is not present.2. What is your state’s rule with regard to the discoverability of written orrecorded statements taken during investigation of an incident?In California, all witness statements procured by or at the direction of an attorney areentitled to at least qualified protection under the attorney work product doctrine. (Coitov. Superior Court (2012) 54 Cal.4th 480, 499.) A written or recorded statementprocured by an attorney during an investigation is entitled to absolute protection "onlywhen a witness's statement are 'inextricably intertwined' with explicit comments or notesby the attorney state his or her impressions of the witness." (Id. at 495.) Statementsindependently prepared by a witness are not entitled to absolute or qualified protection,even if later turned over to an attorney. (Id. at 500.) Even if a witness statement doesnot qualify for protection under the work product doctrine, such statements procured bycounsel are discoverable only where good cause is shown. This requirement stemsfrom California Code of Civil Procedure section 2031.310. For example, where a party’sdemand to inspect a witness statement is denied, the burden rests on the demandingparty to “set forth specific facts showing good cause justifying” the demand.