Although the Ninth Circuit has not issued a published decision addressing whether Shelton provides the proper framework for determining when an attorney deposition is proper, “courts in this district and elsewhere in the Ninth Circuit recognize Shelton as the leading case on attorney depositions and follow the three-factor test laid out in the case.” Stevens v. CoreLogic, Inc., No. 14cv1158-BAS-JLB, 2015 WL 8492501, at *2 (S.D. Cal. Dec. 10. 2015); Erhart v. Bofi Fed. Bank, No. 15cv2287-BAS-NLS, 2017 WL 840648, at *3 (S.D. Cal. Mar. 2, 2017) (noting that “several other circuits and this district” have adopted the Shelton test); see, e.g., Walters v. Target Corp., No. 16cv1678-L-MDD, 2018 U.S. Dist. LEXIS 170409, at *2-3 (S.D. Cal. Oct. 2, 2018); Textron Fin. Corp. v. Gallegos, No. 15cv1678-LAB-DHB, 2016 WL 4169128, at *2 (S.D. Cal. Aug. 5, 2016); Townsend v. Imperial Cty., No. 12cv2739-WQH-PCL, 2014 WL 2090689, at *2 (S.D. Cal. May 19, 2014); Chao v. Aurora Loan Servs., LLC, No. C 10-3118 SBA (LB), 2012 WL 5988617, at *3 (N.D. Cal. Nov. 26, 2012). (1) no other means exist to obtain the information than to depose opposing counsel, []; (2) the information sought is relevant and nonprivileged; and (3) the information is crucial to the preparation of the case.
Although the Ninth Circuit has not issued a published decision addressing whether Shelton provides the proper framework for determining when an attorney deposition is proper, "courts in this district and elsewhere in the Ninth Circuit recognize Shelton as the leading case on attorney depositions and follow the three-factor test laid out in the case." Stevens v. CoreLogic, Inc., No. 14cv1158-BAS-JLB, 2015 WL 8492501, at *2 (S.D. Cal. Dec. 10. 2015); Erhart v. Bofi Fed. Bank, No. 15cv2287-BAS-NLS, 2017 WL 840648, at *3 (S.D. Cal. Mar. 2, 2017) (noting that "several other circuits and this district" have adopted the Shelton test); see, e.g., Walters v. Target Corp., No. 16cv1678-L-MDD, 2018 U.S. Dist. LEXIS 170409, at *2-3 (S.D. Cal. Oct. 2, 2018); Textron Fin. Corp. v. Gallegos, No. 15cv1678-LAB-DHB, 2016 WL 4169128, at *2 (S.D. Cal. Aug. 5, 2016); Townsend v. Imperial Cty., No. 12cv2739-WQH-PCL, 2014 WL 2090689, at *2 (S.D. Cal. May 19, 2014); Chao v. Aurora Loan Servs., LLC, No. C 10-3118 SBA (LB), 2012 WL 5988617, at *3 (N.D. Cal. Nov. 26, 2012). (1) no other means exist to obtain the information than to depose opposing counsel, []; (2) the information sought is relevant and nonprivileged; and (3) the information is crucial to the preparation of the case.
The test in Shelton, an Eighth Circuit case, has been adopted in this district. See Erhart v. Bofi Fed. Bank, 2017 WL 840648, at *3 (S.D. Cal. Mar. 2, 2017) (citing Am. Cas. Co. of Reading, Pa. v. Krieger, 160 F.R.D. 582, 585, 588 (S.D. Cal. 1995) (applying Shelton test) and Textron Financial Corp. v. Gallegos, 2016 WL 4169128, *2 (S.D. Cal. Aug. 5, 2016) (stating "Shelton is generally considered the leading authority, and has been adopted in this district") and Townsend v. Imperial County, 2014 WL 2090689, *2 (S.D. Cal. May 19, 2014) (stating "The most recent and analogous cases from the Southern District of California apply Shelton") and Light Salt Investments, LP v. Fisher, 2013 WL 3205918 (S.D. Cal. June 24, 2013) (applying Shelton test); see also Mass. Mutual Life. Ins. Co. v. Cerf., 177 F.R.D. 472, 479 (N.D. Cal. 1998) (stating that Shelton "is generally regarded as the leading case on attorney depositions"). See Declaration of Jason Cirlin In Support of Defendants' Motion to Compel Deposition of the Eclipse Group LLP's F.R.C.P. Rule 30(b)(6) Witness ("Cirlin 30(b)(6) Decl.") at Exh.