VOLKSWAGEN OF AMERICA, INC v. THE SUPERIOR COURT OF SAN FRANCISCO COUNTY,
Filed 5/26/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
VOLKSWAGEN OF AMERICA, INC., Petitioner, v. THE SUPERIOR COURT OF SAN FRANCISCO COUNTY, Respondent; BUDDY RUSK, SR., Real Party in Interest. | A112934 (City & County of San Francisco Super. Ct. No. CGC-03-427160) |
Are documents submitted to bankruptcy trusts by a plaintiff' s attorney in support of claims for compensation for alleged asbestos-related injuries discoverable in similar litigation against another entity? We conclude that most such documents normally are, and shall issue a writ of mandate to correct an overly restrictive discovery order entered in the trial court.
FACTUAL AND PROCEDURAL BACKGROUND
On December 10, 2003, real party in interest Buddy Rusk, Sr., filed suit against 67 named defendants, including petitioner Volkswagen of America, Inc. (Volkswagen), for injuries he allegedly suffered as a result of asbestos exposure. In April 2005 Volkswagen requested the production of â€
