California Court of Appeal

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Regents of Univ. of California v. Superior Ct. of San Diego County, D051364

In an antitrust action against defendants-energy suppliers, petition for writ of mandate challenging a denial of plaintiff's motion to compel disclosure of privileged documents that defendants produced during the course of federal government investigations is denied where the threat of regulatory action and indictment posed the risk of significant costs and consequences to defendants such that they could cooperate with the DOJ's investigation without waiving the attorney-client and attorney work privileges.

Appellate Information

  • Decided 07/30/2008
  • Published 07/30/2008

Judges

  • BENKE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Cotchett, Pitre & McCarthy, Joseph W. Cotchett, Nancy L. Fineman, Steven N. Williams and Nanci E. Nishimura, Burlingame, for Petitioners., Quinn Emanuel Urquhart Oliver & Hedges, A. William Urquhart, Kathleen M. Sullivan, Kristen Bird and Roxanna A. Manuel, Los Angeles;  Fulbright & Jaworski, Peter H. Mason and Joshua D. Lichtman, Los Angeles, for Real Party in Interest Coral Energy Resources., Pillsbury, Winthrop, Shaw, Pittman, Douglas T. Tribble and Michael J. Kass, San Francisco, for Real Parties in Interest Dynegy Inc., West Coast Power and Dynegy Marketing and Trade., Hall, Estill, Hardwick, Gable, Golden & Nelson, Graydon Dean Luthey, Jr., and Sarah Jane Gillett;  English & Gloven and Donald A. English, San Diego, for Real Parties in Interest The Williams Companies, Inc. and Williams Gas Marketing, Inc., formerly known as Williams Energy Marketing and Trading Co., Hogan & Hartson and David R. Singer, Los Angeles, for AEP Energy Services, Inc., as Amicus Curiae on behalf of Real Parties in Interest Coral Energy Resources, Duke Energy Corporation, Duke Energy Trading and Marketing, Dynegy Power Companies, Inc., The Williams Companies, Inc., and Williams Energy Marketing and Trading Co.

  • For Appellees:
  • No appearance for Respondent.
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