Supreme Court of California

In a class action suit brought by employees against the Costco Wholesale Corporation alleging the corporation misclassified some of its managers as exempt employees and therefore failed to pay them overtime wages, trial court's directions ordering a referee to conduct an in camera review of an opinion letter sent by outside counsel to Costco and allowing the referee to redact the letter to conceal that portion he believed to be privileged, and ordering Costco to disclose the remainder to the opposing party is reversed as the trial court's directions and order violated the attorney-client privilege, as well as the statutory prohibition against requiring disclosure of information claimed to be subject to the attorney-client privilege in order to rule on a claim of privilege.

Appellate Information

• Decided 11/30/2009
• Published 11/30/2009

Judges

• WERDEGAR, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Seyfarth Shaw,Kenwood C. Youmans, David D. Kadue, Los Angeles, Aaron R. Lubeley, Downtown, and Ann H. Qushair, Century City, for Petitioner., Fenwick & West, Victor Schachter, Michael A. Sands and Dan Ko Obuhanych, Mountain View, for California Employment Law Council as Amicus Curiae on behalf of Petitioner., Robie & Matthai, James R. Robie, Steven S. Fleischman, Los Angeles;  Haight, Brown & Bonesteel and J. Alan Warfield, Los Angeles, for Association of Southern California Defense Counsel and Los Angeles County Bar Association as Amici Curiae on behalf of Petitioner., Hagens BermanSobol Shapiro, Reed R. Kathrein, Lee M. Gordon, Elaine T. Byszewski, Los Angeles, Steve W. Berman;  Rehwald Glasner & Chaleff, Rehwald Rameson Lewis & Glasner, Lawrence Glasner, William Rehwald and Daniel Chaleff, Woodland Hills, for Real Parties in Interest.


• For Appellees:
  
• No appearance for Respondent.