San Diego Professional Association V. Superior Court Of San Diego County

Petitioner hired the real party in interest, a firm of architects, to prepare plans for and to supervise the construction of a medical office building on petitioner's real property. After completion of the building, the real party filed a mechanic's lien, and subsequently filed an action for foreclosure of that lien, alleging that $11,032.51 was still due for their services. Petitioner answered, and cross-complained, alleging two causes of action. The first was based on the claimed malpractice of plaintiff in improperly designing and planning the building. The second alleged breach of contract to perform the architectural services. In the course of preparing for trial, petitioner's attorney (representing defendant and cross-complainant) retained a firm of engineers to make a study of all the documents involved in the alleged deficiencies, and to analyze the same with reference to the portions of the building alleged to have been improperly designed or constructed. Upon completing such study, the engineers prepared and delivered a report of their findings to the attorney. While this report was in the hands of petitioner's attorney, the real party (as plaintiff and cross-defendant) filed a motion for an order requiring production, inspection and copying of "[all] reports of engineering or scientific experts which discuss alleged defects in the construction of the medical building . . . and in particular a one hundred