Civil Procedure
Jul. 14, 2026
The limits of inadvertent disclosure
The Fourth District draws a clearer line on inadvertent disclosures, holding that only obviously privileged or work product materials--not all documents produced by mistake--must be returned.
Sanford Jay Rosen
Of Counsel and Founding Partner Emeritus
Rosen, Bien, Galvan & Grunfeld LLP
101 Mission Street, 6th Floor
San Francisco , CA 94105
Phone: (415) 433-6830
Fax: (415) 433-7104
Email: srosen@rbgg.com
Yale Law School; New Haven CT
Ernest Galvan
Partner
Rosen Bien Galvan & Grunfeld LLP
PO Box 390
San Francisco , CA 94104
Fax: (415) 433-7104
How far does the duty to return inadvertently produced documents extend? Does it require returning unprivileged and non-work product material that was part of an inadvertent production? No, answered the Fourth District Court of Appeal in Popa v. Simpson (June 23, 2026) 2026 WL 1802196, 2026 Daily Journal D.A.R. 5141.
In 1992, the American Bar Associati...
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