California Civil Procedure

California Discovery

Scope of Discovery: Privileges

Privileges: Waiver

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California Evidence Code Section 912 provides as follows:

Evidence Code Section 912

912.  (a) Except as otherwise provided in this section, the right of
any person to claim a privilege provided by Section 954
(lawyer-client privilege), 980 (privilege for confidential marital
communications), 994 (physician-patient privilege), 1014
(psychotherapist-patient privilege), 1033 (privilege of penitent),
1034 (privilege of clergyman), 1035.8 (sexual assault
victim-counselor privilege), or 1037.5 (domestic violence
victim-counselor privilege) is waived with respect to a communication
protected by the privilege if any holder of the privilege, without
coercion, has disclosed a significant part of the communication or
has consented to disclosure made by anyone.  Consent to disclosure is
manifested by any statement or other conduct of the holder of the
privilege indicating consent to the disclosure, including failure to
claim the privilege in any proceeding in which the holder has the
legal standing and opportunity to claim the privilege.
   (b) Where two or more persons are joint holders of a privilege
provided by Section 954 (lawyer-client privilege), 994
(physician-patient privilege), 1014 (psychotherapist-patient
privilege), 1035.8 (sexual assault victim-counselor privilege), or
1037.5 (domestic violence victim-counselor privilege), a waiver of
the right of a particular joint holder of the privilege to claim the
privilege does not affect the right of another joint holder to claim
the privilege.  In the case of the privilege provided by Section 980
(privilege for confidential marital communications), a waiver of the
right of one spouse to claim the privilege does not affect the right
of the other spouse to claim the privilege.
   (c) A disclosure that is itself privileged is not a waiver of any
privilege.
   (d) A disclosure in confidence of a communication that is
protected by a privilege provided by Section 954 (lawyer-client
privilege), 994 (physician-patient privilege), 1014
(psychotherapist-patient privilege), 1035.8 (sexual assault
victim-counselor privilege), or 1037.5 (domestic violence
victim-counselor privilege), when disclosure is reasonably necessary
for the accomplishment of the purpose for which the lawyer,
physician, psychotherapist, sexual assault counselor, or domestic
violence counselor was consulted, is not a waiver of the privilege.


See California Discovery-Ch. 2-Evidence Code Definitions
        California Evidence Code Section 900-905-Official Site   
       California Evidence Code §§ 911-920-Official Site
        California Evidence.Net