CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Privileges
......Privacy Privilege
6 Cards On This Topic:

Right to privacy recognized in Cal. Const.

W may seek discovery of evidence that H knew or should have known he had HIV and relevant sexual history, limited to window created by H’s negative HIV test; W may overcome limitation by giving basis to question test’s accuracy.

Fourth Amendment privacy interests did not prohibit collecting D’s blood for convicted offender DNA database.

When discovery of private information found directly relevant, must still be careful balancing of compelling public need for discovery against fundamental right of privacy.

Communications disclosed during mediation before ombudsperson employed by private educational institution are protected by qualified privacy privilege.

Right to privacy still relevant even where individual records discoverable; must balance privacy w/need to ascertain truth.