Cardenas v. Jerath

Because I cannot agree that the plaintiff has demonstrated the substantial need and undue hardship required for even limited discovery of documents prepared in anticipation of litigation, I respectfully dissent from that portion of the majority opinion ordering disclosure of a redacted copy of Kennedy's interview notes.

The majority rightly concedes (on the one hand) that the applicability of the Hawkins1 presumption for insurance investigations has not been demonstrated in this case, and therefore Kennedy's investigation on behalf of the defendant-hospital must be treated as work product. It…