CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Psychotherapist-Patient Privilege
.........Discovery of Records
 13 Cards On This Topic:
  • Long-Term Care Act, the more specific, later-enacted statute, governs information in DPH citations that must be released in response to a Public Records Act request; the Act thus trumps Lanterman-Petris-Short.
  • Trial ct. not required, at pretrial stage, to review or grant discovery of privileged information re V in hands of 3d party psychotherapy providers.
  • Trial court's conclusion DAs had conflict because they represented 3d parties was wrong as a matter of law and resulting recusal was abuse of discretion. [Discovery of 3d party med. and psych. records.]
  • Proper to deny medical board's petition to compel production of patient's medical records from doctor where they were protected by psychotherapist-patient privilege and no compelling interest or exception applied.
  • Under P/T-patient privilege, error to disclose mother's psychiatric records to CFS and admit them at hearing—CFS could not seek disclosure of the records to itself, rather than court, to prove its jurisdictional case.
  • Records of psychotherapy ordered as probation condition are protected from disclosure in later criminal action where DA seeks EC §1108 evidence re D's commission of previous sexual offense.
  • Co-D not entitled to other D's privileged psychiatric records where D not prosecution witness.
  • Restrictions placed on D's discovery of W's privileged psychiatric records proper.
  • Admissions made in course of court-ordered counseling in dependency proceeding immune from discovery in criminal proceedings.
  • Child's psychiatric and medical records may be discovered to determine if relevant on issue of competence as witness.
  • Privileged records not discoverable where D fails to make necessary showing; person's credibility not at issue solely because receiving mental health treatment.
  • Psychological records of police officers privileged.
  • Psychotherapist-patient privilege may extend to minor patient's family members who communicate with psychotherapist.


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