Longwood Health Care Center's director of nursing prepared notes as part of an internal risk management investigation about a hip fracture sustained when Bonnie Olvera was being transferred from her bed to a wheelchair. The notes were not made a part of the incident report but were kept in a separate folder.

The appellate court quashed an order compelling production of the notes because they were prepared in anticipation of possible litigation and "are privileged and protected unless Olvera can show a need for them and can establish an inability to obtain equivalent materials without undue hardship".