CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Assertion of Privilege
.........Burden to Establish
6 Cards On This Topic:

When privilege claimed on ground communication made in confidence during privileged relationship, communication is presumed confidential & opponent has burden to establish it is not.

In light of trial court's review of seized jailhouse notes and D's inability to articulate why they were privileged, substantial evidence supported trial court's conclusion the documents were not protected by A/C privilege.

E's testimony on evidence being sent to defense lab did not violate work product as scope then strictly limited to "writing[s] that reflect[] an attorney's impressions, conclusions, opinions, or legal research or theories."

As no indication disputed documents constituted information transmitted between Archdiocese and its lawyer, they weren't protected by attorney-client or attorney work product privilege.

Once confidential communication privilege has been asserted, burden is on person on opponent of claim to prove that not privileged.

Burden is on party and counsel asserting work product or attorney-client privilege.