Caldwell v. District Court in and for the City and County of Denver

After the Caldwells (plaintiffs) won a personal-injury judgment against Baumgart and sought to garnish Hertz, discovery in the garnishment action suggested the defendants may have committed fraud in the underlying suit by misrepresenting Baumgart's relationship with rental-car lessee Weinschel to shield Weinschel and Hertz from liability. The Caldwells moved to compel documents from Hertz's attorney, Hill, but the trial court denied the motion, finding the documents privileged without first assessing whether the fraud allegations had any factual basis; the Caldwells appealed.