I received a copy of Petitioner Debra Coito’s Answering Brief on the Merits in the case of Coito v. Superior Court of the County of Stanislaus which is currently pending in the California Supreme Court. As you many of you are aware, Coito v. Superior Court(2010)182 Cal. App. 4th 758(pdf)refused to follow the 14-year old case Nacht & Lewis Architect, Inc. v. Superior Court(1996) 47 CA4th 214 (pdf) stating that witness statements are not attorney work product. It is Petitioner's argument that the Court of Appeal correctly held that signed or recorded verbatim statements of independent witnesses are potential evidence thus discoverable.
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