New Employment Case

New Published California Employment Case

Can an employer assert attorney-client and attorney work product privileges to the factual findings of an attorney investigator? 

The California Court of Appeal Court addressed this issue last month. Below is my one-paragraph case summary from my online publication California Case Summaries™: 

Paknad v. Superior Court (2026) _ Cal.App.5th _ , 2026 WL 1045941: The Court of Appeal reversed the trial court order, following an in camera review, that accepted defendant’s redactions of all factual findings from the reports prepared by an attorney investigator hired to investigate plaintiff’s allegations of discrimination, harassment, and retaliation. The Court of Appeal issued a peremptory writ of mandate directing the trial court to vacate its order accepting those redactions, clarifying that defendant had waived both attorney-client privilege and attorney work product protection as to the investigator’s factual findings by placing the scope and adequacy of the investigations at issue such that disclosure of the material was essential for a fair adjudication of the action, and ordered further in camera review to identify and disclose all materials within the scope of that waiver. (C.A. 6th, filed March 24, 2026, published April 17, 2026.)

Mediation, Arbitration & Referee Services

Monty A. McIntyre, Esq. helps attorneys and their clients throughout California as a mediator, arbitrator and referee, handling employment (PAGA, wage and hour, wrongful termination, discrimination, retaliation), tort (elder abuse, legal malpractice, medical malpractice, personal injury, product liability and wrongful death), business, commercial, insurance (bad faith, coverage, UIM), probate, and real property cases. Monty has been a California civil trial lawyer since 1980, a member of ABOTA since 1995, has tried over 100 civil cases (jury trials, judge trials, administrative trials and arbitrations), and has represented both plaintiffs and defendants in the areas listed above.

To schedule a new matter, pick your date on Monty's calendar: https://montymcintyre.mykajbi.com 

California Case Summaries™
Annual Issues

A great way to win more in 2026 is to know all of the new 2025 CA civil cases in your practice areas. You now have several ways to get this critical information.

California Case Summaries Annual™: Every new CA civil case published in 2025.
Individual Attorney subscription (only this attorney can read the summaries): Subscribe.
Law Firm Unlimited subscription (the firm can send summaries to every firm lawyer): Subscribe.

CCS Annual Employment 2025™: Every new CA Employment case published in 2025.
Individual Attorney subscription (only this attorney can read the summaries): Subscribe.
Law Firm Unlimited subscription (the firm can send summaries to every firm lawyer): Subscribe. 
 
CCS Annual Tort and Insurance 2025™: Every new CA Tort and Insurance case published in 2025.
Individual Attorney subscription: Subscribe.
Law Firm Unlimited subscription: Subscribe.

CCS Annual Real Property 2025™:  Every new CA Real Property case published in 2025.
Individual Attorney subscription: Subscribe.
Law Firm Unlimited subscription: Subscribe.

 California Case Summaries™
Know The New Law.  

California attorneys can win more cases and get better results by always knowing the new civil case law in their practice areas. California Case Summaries™ make this easy with unique one-paragraph case summaries, organized by legal topic, of every new civil case published by California courts throughout each year. Four subscription options are available for Individual Attorneys and Law Firms.

There are two ways to get California Case Summaries™:

1. Mediate with Monty McIntyre to Get a Free 1-Year Subscription to California Case Summaries™:

Conduct one half-day or full-day private mediation with Monty McIntyre and get a free 1-year Individual Attorney subscription to California Case Summaries™ (with monthly, quarterly and annual case summaries, a $1,999 annual value).

Conduct two half-day or two full-day private mediations in one calendar year with Monty McIntyre, to get a free 1-year Law Firm Unlimited subscription (letting the firm send summaries to every attorney or paralegal) to California Case Summaries™ (with monthly, quarterly and annual case summaries, a $6,500 annual value).
 
To schedule a mediation with Monty pick your date on Monty's calendar:
https://montymcintyre.mykajabi.com 


2. Buy One of the Four Publications:

Individual Attorney subscriptions (only the subscribing attorney can read the summaries):

• California Case Summaries™ (monthly, quarterly and annual issues). Subscribe.
• CCS Monthly™ (monthly issues only). Subscribe.
• CCS Quarterly™ (quarterly issues only). Subscribe.
• CCS Annual™ (annual issues only). Subscribe.
   

Law Firm Unlimited subscriptions (the law firm can send summaries to every firm lawyer):  

• California Case Summaries™ (monthly, quarterly and annual issues). Subscribe.
• CCS Monthly™ (monthly issues only). Subscribe.
• CCS Quarterly™ (quarterly issues only). Subscribe.
• CCS Annual™ (annual issues only). Subscribe.

Join my email list today to get free one-paragraph summaries of every new civil case published by the California Supreme Court in 2024. Click here.

Do well and be well.  

Best regards,
Monty A. McIntyre, Esq.
Ending the Trauma of Litigation &
Helping Attorneys Get Excellent Results
-Settling or Deciding Cases or Issues: Mediator, Arbitrator & Referee
Employment, Torts, Business, Real Property, Insurance and Probate Cases
To easily schedule a new matter visit: https://montymcintyre.mykajabi.com 
-Working Up Cases: California Case Summaries™: Know The Law
-Trying Cases: Trial Alchemy™ - Learn from Civil Jury Trial Experts
ABOTA Member Since 1995
Past President San Diego County Bar Assn. (2002), Past President SD ABOTA Chapter (2014)
Phone: (619) 990-4312 | Email: monty@montymcintyre.com