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EMPIRE WEST TITLE AGENCY v. TALAMANTE

No. CV-13-0268-PR.

323 P.3d 1148 (2014)

EMPIRE WEST TITLE AGENCY, L.L.C. f/k/a Empire Title Agency of Arizona, L.L.C., An Arizona Limited Liability Company, Petitioner, v. The Honorable David M. TALAMANTE, Judge of the Superior Court of the State of Arizona, in and for the COUNTY OF MARICOPA, Respondent Judge, Dos Land Holdings, L.L.C., An Arizona Limited Liability Company, Real Party in Interest.

Supreme Court of Arizona.

May 7, 2014.

Attorney(s) appearing for the Case

James L. Blair, Bryan M. Folger, Kevin R. Myer (argued), Renaud Cook Drury Mesaros, PA, Phoenix, for Empire West Title Agency, LLC.

Chad A. Hester, Wallin Hester, PLC, Gilbert; and Blake T. Ostler (argued), Thompson Ostler & Olsen, Salt Lake City, UT, for DOS Land Holdings, L.L.C.

Justice PELANDER, opinion of the Court.

¶ 1 In this contract case, the issue is whether the plaintiff impliedly waived the attorney-client privilege by alleging that it "reasonably believed" the defendant had met its contractual obligations. We find no waiver and hold that merely alleging the reasonableness of one's beliefs does not, in itself, waive the privilege; rather, the litigant must advance a subjective evaluation...

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