California Court of Appeal
Holmes v. Petrovich Dev. Co., LLC, C059133
In an action for sexual harassment, retaliation, wrongful termination, violation of the right to privacy, and intentional infliction of emotional distress, judgment in favor of the defendants is affirmed, as e-mails sent by plaintiff to her attorney regarding possible legal action against defendants did not constitute "confidential communication between client and lawyer" within the meaning of Evidence Code section 952 because, by using the company's computer to communicate with her lawyer, knowing the communications violated company computer policy and could be discovered by her employer due to company monitoring of e-mail usage, plaintiff did not communicate in confidence by means which, so far as the client is aware, discloses the information to no third persons other than those who are present to further the interest of the client in the consultation or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the lawyer is consulted.
- Decided 01/13/2011
- Published 01/13/2011
- California Court of Appeal