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California Civil Procedure, Keyed to Levine, 6th Ed.
Coito v. Superior Court
Citation:
54 Cal. 4th 480, 142 Cal. Rptr. 3d 607, 278 P.3d 860 (2012)Facts
On March 9, 2007, thirteen-year-old Jeremy Wilson drowned in the Tuolumne River in Modesto, California. His mother, Debra Coito, filed a wrongful death complaint naming several defendants including the State of California. Six other juveniles witnessed the incident, and there were allegations that all juveniles, including the decedent, were engaged in criminal conduct immediately before the drowning. On November 12, 2008, after codefendant City of Modesto noticed depositions of five juvenile witnesses, counsel for the state sent two investigators to interview four of the juveniles. The state’s counsel provided the investigators with questions he wanted asked, and each interview was audio-recorded. On January 27, 2009, the state’s counsel used the content of one witness’s recorded interview in questioning the witness at deposition. Plaintiff subsequently served supplemental interrogatories and document demands seeking the names and contact information of individuals from whom statements had been obtained and production of the audio recordings. The state objected based on work product privilege.
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