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Cal. Evidence Code § 1012 (2026)

✓ current as of May 2026
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As used in this article, “confidential communication between patient and psychotherapist” means information, including information obtained by an examination of the patient, transmitted between a patient and his psychotherapist in the course of that relationship and in confidence by a means which, so far as the patient is aware, discloses the information to no third persons other than those who are present to further the interest of the patient in the consultation, or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which the psychotherapist is consulted, and includes a diagnosis made and the advice given by the psychotherapist in the course of that relationship.

Notes of Decisions
Cited in 55 cases (3 in the last 5 years), 1970–2024 · leading case: Roman Cath. Archbishop of La v. Super. Ct., 32 Cal. Rptr. 3d 209 (Cal. Ct. App. 2005).
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Roman Cath. Archbishop of La v. Super. Ct., 32 Cal. Rptr. 3d 209 (Cal. Ct. App. 2005). · cites it 7× “Controlling statute: Evidence Code section 1012. California's psychotherapist-patient privilege provides that a "`confidential communication between patient and psychotherapist' means information, including information obtained by an examination of the patient, transmitted…”
People v. Wharton, 809 P.2d 290 (Cal. 1991). · cites it 2× “" [8] Evidence Code section 1012 states in pertinent part that the term "`confidential communication between patient and psychotherapist' means information, including information obtained by an examination of the patient, transmitted between a patient and his psychotherapist in…”
People v. Maury, 68 P.3d 1 (Cal. 2003). “Curíale, a psychologist with the Department of Corrections, on the grounds that they were made involuntarily and were privileged (Evid. Code, § 1012). Dr. Curíale interviewed defendant on October 23 and 30, 1987.”
People v. Clark, 789 P.2d 127 (Cal. 1990). · cites it 2× “" (Evid. Code, § 1012.) [28] The attorney-client privilege established by Evidence Code section 950 et seq.”
In Re the Clergy Cases I, 188 Cal. App. 4th 1224 (Cal. Ct. App. 2010). · cites it 4× “" (Evid. Code, § 1012, italics added.) *1240 (9) Evidence Code section 912, subdivision (a) specifies that a privilege, including the psychotherapist-patient privilege, is waived "if any holder of the privilege, without coercion, has disclosed a significant part of the…”
Roman Catholic Archbishop v. Superior Court, 131 Cal. App. 4th 417 (Cal. Ct. App. 2005). · cites it 7× “Controlling statute: Evidence Code section 1012. California’s psychotherapist-patient privilege provides that a “ ‘confidential communication between patient and psychotherapist’ means information, including information obtained by an examination of the patient, transmitted *449…”
Ewing v. Goldstein, 2004 Cal. Daily Op. Serv. 6427 (Cal. Ct. App. 2004). · cites it 2× “(Evid. Code, §§ 917, subd. (a), 1014, subd (c).”
In Re Cole C., 174 Cal. App. 4th 900 (Cal. Ct. App. 2009). “" (Evid. Code, § 1012.) "In the juvenile dependency context.”
San Diego Trolley, Inc. v. Superior Court, 2001 Cal. Daily Op. Serv. 2203 (Cal. Ct. App. 2001). · cites it 2× “” (Evid. Code, §§ 1012, 1014.) Nonetheless, “[t]he privilege can cover a communication that was never, in fact, ‘confidential’—so long as it was made in confidence.”
People v. Christopher M., 26 Cal. Rptr. 3d 61 (Cal. Ct. App. 2005). · cites it 2× “]” Evidence Code section 1012 defines “confidential communication between patient and psychotherapist” as “information, including information obtained by an examination of the patient, transmitted between a patient and *696 his psychotherapist in the course of that relationship…”
People v. Redmond, 633 P.2d 976 (Cal. 1981). · cites it 2× “Cross-examination of Shubert based on the medical records was denied because of the psychotherapist-patient privilege (Evid. Code, § 1012) and both the medical and arrest records were excluded because the events recorded were too remote and the risk "of undue prejudice .”
In Re Mark L., 114 Cal. Rptr. 2d 499 (Cal. Ct. App. 2001). “(Evid.Code, § 1012; In re Pedro M., supra, 81 Cal.”
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