ONCALL
...Evidence
......Privileges
23 Cards On This Topic:

Criminal defendants' subpoena to social media providers is unenforceable under the Stored Communications Act only with respect to communications restricted from public access by the social media user.

Even assuming false representations were made by defendants in connection with probate proceedings, plaintiff's claims based thereon were barred by the CC §47(b) litigation privilege.

Trial ct. erred when it allowed witness to invoke the Fifth Amendment privilege (1) after testifying under plaintiff's questioning, (2) on a blanket basis, and (3) in front of the jury.

Confidential communication between third parties and government agency concerning formulation of legislation protected by the deliberative process privilege.

Materials generated between government agency and Office of Legislative Counsel concerning drafting of bill protected by the attorney work product privilege.

The government may not be compelled to disclose documents that it believes are privileged without first being allowed to argue the issue.

Qualified work-product protection prevented defendants from obtaining witness interview report prepared by co-defendant's attorney where defendants could not demonstrate good cause for production.

Records generated by police and sheriff's process of automated license plate reader scanning are not protected from disclosure under the CPRA's exemption for investigative records.

Where one spouse commits a crime against the other, the court may compel the victim-spouse's testimony against the offending spouse despite the adverse spousal testimony privilege.

Law firm is the holder of the attorney work product privilege, not the individual attorneys working for it.

In some instances, a petition for writ of mandate may be granted to prevent trial of non-actionable claims after an erroneous decision on summary adjudication.

Only fee totals in billing invoices are sometimes subject to disclosure under the Public Records Act; billing entries or other portions of invoices that describe work done for a client are protected by the A/C privilege.

B&PC §2225 abrogates the physician-patient privilege for purposes of a Medical Board of CA disciplinary investigation of a physician.

Personal cellphone records obtained by search warrant are not subject to the California Public Records Act or the common law right of public access to court records.

A waiver of the attorney-client privilege occurs only when there is an intention to voluntarily relinquish a known right.

Child pornography reporting requirements take precedence over psychotherapist-patient privilege.

Though probation condition compelling D waive his right against self-incrimination stricken as invalid, condition that he submit to polygraphs, without the compelled 5th Amend. waiver, was valid.

Medical Board failed to establish any exception to patient’s invocation of the psychotherapist - patient privilege that precluded enforcement of subpoena seeking patient’s records in withdrawn complaint against psychiatrist.

Where Ps had more facts to add on the issue of a doctor's duty of care, and additional facts could cure the problems presented by the complaint, the trial court erred by denying them leave to amend.

Crim. Ds' right to ••pretrial•• discovery is limited, and simply alleging content in social media accounts might help their defense does not meet their burden to show the SCA is unconst'l in denying them access to protected information ••pretrial••.

D's probation condition requiring a waiver of the privilege against self-incrimination re sex offender management polygraph exams is prohibited by 5th Amend. under Minnesota v. Murphy.

Probation condition may require waiver of psychotherapist-patient privilege only insofar as necessary to enable communication between the supervising PO and sex offender management professional.

Sex offender's probation condition, requiring waiver of the privilege against self-incrimination, is prohibited by the Fifth Amendment.