Empire West Title v. Hon. talamante/dos Land Holdings LLC

Summary

The court held that DOS did not impliedly waive the attorney-client privilege merely by alleging that it reasonably believed the easement was included in the closing documents. The allegation described DOS's factual understanding of the contract, rather than a subjective legal evaluation incorporating advice of counsel, and Empire had other means to investigate DOS's knowledge. The court vacated the court of appeals' decision and remanded for further proceedings.