CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Privileges
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Waiver of Privilege
.........No Waiver
6 Cards On This Topic:
As GC 6254.5's waiver provision applies to an intentional, not inadvertent, disclosure, City’s inadvertent release of privileged documents to P under the Public Records Act during civil discovery proceedings did not waive the privilege.
Trial court exceeded its authority in finding a waiver of the A/C privilege and W/P doctrine when the objecting party submitted an inadequate privilege log with insufficient information to evaluate the objections' merits.
In custody dispute, F's waiver of physician-patient privilege re treating physicians did not constitute a waiver of that privilege with respect to former physician.
D did not waive psychotherapist-patient privilege by requesting restitution for therapy costs when she informed criminal court of her monetary losses to facilitate its statutory mandate to order D to pay full restitution.
By raising Civ. Code §47 (b) litigation privilege, D did not waive attorney-client privilege or work product protection.
Designation of party as expert trial witness is not implied waiver of party's attorney-client privilege; only if party produces privileged documents or testifies as expert is privilege waived.