D. I. Chadbourne, Inc. v. Superior Court

The sole question presented by this mandate proceeding is whether a certain written statement, obtained by a representative of petitioner’s insurance carrier and delivered to its attorney, was privileged as a matter of law,1 and so protected from discovery, or whether the issue presented was purely factual. We have concluded that the statement of the witness was not privileged as a matter of law, and that a factual issue was presented to the trial court as to the existence of the privilege.2 This being so, the determination of the trial court is binding upon us.

The pertinent facts are that…