CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Waiver of Privilege
.........Waiver by Significant Disclosure
............Disclosures Not Constituting Waiver
 15 Cards On This Topic:
  • Disclosure to third party reasonably necessary for the accomplishment of the purpose for which professional has been hired not a waiver of privilege.
  • Disclosure to third party reasonably necessary for the accomplishment of the purpose for which professional has been hired not a waiver of privilege.
  • If confidential communications occur in presence of 3d party, burden is on proponent of privilege to establish 3d party was acting as agent for either attorney or party and that confidentiality was not breached by disclosure.
  • Production of portion of documents requested by opposing party does not constitute waiver of attorney-client privilege to those objected to.
  • Disclosure of fact of communication and attorney's ultimate conclusion insufficient, without more, to waive privilege to substance of entire communication.
  • Factors for determination of whether disclosure of fact and subject of a communication with attorney is a waiver of substance of communication.
  • Disclosure of existence and purpose of psychiatric treatment not waiver of privilege.
  • Mere admission that psychotherapist-patient relationship exists does not disclose "a significant part of the communication."
  • A waiver of the attorney-client privilege occurs only when there is an intention to voluntarily relinquish a known right.
  • Disclosing legal advice to coD in joint defense of EIR is not waiver of A/C Priv. under exception for confidential disclosure reasonably necessary to accomplish purposes for which counsel consulted.
  • No abuse of discretion in denying Ps' motion to compel disclosure of privileged documents Ds produced during federal regulatory and criminal investigations; Ds' coerced cooperation with govt did not waive privileges.
  • Inadvertent disclosure of 2 privileged documents does not result in waiver of privilege as to remaining 1,100.
  • Mere exchange of records between physician and psychotherapist not waiver of psychotherapist-patient privilege.
  • Waiver of privilege with one attorney is not waiver of privilege with subsequent attorney.
  • Cases where disclosure does not constitute waiver.


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