City of Petaluma v. Super. Ct.

(California Court of Appeal) – In a labor and employment action, arising over a former, female firefighter’s claims of harassment and discrimination against the City of Petaluma, the trial court’s discovery orders are reversed where: 1) outside counsel’s pure fact-finding role in the prelitigation investigation constituted legal services in anticipation of litigation and is privileged; and 2) defendant employer did not waive attorney-client privilege by asserting an avoidable consequences defense under the circumstances.