The plaintiff in a motor vehicle accident action brought a motion for the disclosure of unedited surveillance videos, surveillance reports, and a social media report in the defendants' possession.
The defendants claimed litigation privilege over the reports and the surveillance footage in which the plaintiff did not appear.
The court ordered the defendants to produce the unedited surveillance videos and social media images they had already partially disclosed, finding waiver of privilege by implication.
However, the court upheld the claim of litigation privilege over the investigator's reports and the surveillance footage where the plaintiff was not seen.
The defendants were also ordered to provide a further and better affidavit of documents detailing the particulars of the privileged surveillance.
