and need to be excised from the file." District counsel responded that he assumed Magallanes's counsel took issue with " the statement where pushed her and that's why she fell." Magallanes's counsel admonished District counsel that the documents were privileged, inadvertently disclosed, and were to be immediately destroyed. I don't know if it was inadvertently or mistakenly produced, but those need to be essentially destroyed because those are attorney-client protectedĭocuments. And so I don't know how they were produced. After briefly reviewing the documents, Magallanes's counsel interrupted the deposition: "page 33 to 55 appear to be attorney-client privileged documents. While deposing Grandinette on May 5, 2021, District counsel sought to mark as an exhibit portions of the intake documents. The intake documents were inadvertently uploaded to one or more of the Dropbox links.īefore one of Magallanes's expert witnesses, Sharon Grandinette, was set to be deposed, Blair & Ramirez's legal assistant sent District counsel Grandinette's "expert file." Among the hundreds of pages of documents in the file were the intake documents. Between June and September 2019, a legal assistant for Blair & Ramirez emailed three of Magallanes's expert witnesses Dropbox links to access "Medical Records," "Academic Records," "Responses to Discovery," and "All Documents produced by" the District in discovery. The Law Offices of Gary Berkovich were replaced by Blair & Ramirez as counsel for Magallanes. One of the documents memorialized a description of the incident, as provided by Magallanes or her mother, including a statement that Magallanes's friend had pushed the child, causing her to fall on an uneven floor. In connection with its representation of Magallanes, the office generated approximately 20 pages of intake documents. ![]() In April 2017, Magallanes and her mother sought legal representation from the Law Offices of Gary Berkovich. ![]() ![]() Through her mother and guardian ad litem, Magallanes sued the District for negligence, negligent supervision, and dangerous condition of public property, alleging inter alia that the school asphalt caused Magallanes to trip and fall. As explained below, we grant the petition and issue the writ directing the trial court to vacate its prior order deeming the attorney-client privilege waived, and instead issue an order denying the District's application.Īs alleged in her complaint, while attending school in 2017, Magallanes (then seven years old) fell and struck her head on an asphalt playground. Petitioner Camila Lopez Magallanes petitions for a writ of mandate compelling the trial court to vacate its order granting an ex parte application filed by real party in interest Los Angeles Unified School District (the District) deeming the attorney-client privilege waived as to statements appearing in attorney intake documents that were disclosed to expert witnesses and opposing counsel.
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