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Writ of Mandate Irreparable Harm-Essential

Writ of Mandate Irreparable Harm-Essential

American filed a petition for writ of mandate challenging the trial court's ruling. American urged us to vacate the trial court's ruling because neither California nor federal law recognizes a union member communication privilege. While we agreed the trial court erred in finding the privilege, we summarily denied the petition because American had not adequately demonstrated it would suffer irreparable harm if the discovery order was not immediately vacated. (See Omaha Indemnity Co. v. Superior Court (1989) 209 Cal.App.3d 1266, 1272-1273 [writ relief is not a foregone conclusion even if a trial court errs in its ruling]; Johnson v. Superior Court (2000) 80 Cal.App.4th 1050, 1060-1061 [writ proceedings are disfavored for reviewing discovery rulings]; Pacific Tel. & Tel. Co. v. Superior Court (1970) 2 Cal.3d 161, 169-170 [writs will not issue merely because a discovery order is erroneous].)

The Supreme Court then granted American's petition for review and transferred the case back to us with directions that we vacate our summary denial and issue an order to show cause. We issued the order to cause, received further briefing, and heard oral argument. We conclude no union member privilege exists and direct the trial court to grant American's motion to compel. {Slip Opn. Page 6}

American Airlines, Inc. v. Superior Court (DiMarco) (2003) , Cal.App.4th
[No. B162513. Second Dist., Div. Eight. Dec. 29, 2003.] 

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