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Cal. Evidence Code § 901 (2026)

✓ current as of May 2026
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“Proceeding” means any action, hearing, investigation, inquest, or inquiry (whether conducted by a court, administrative agency, hearing officer, arbitrator, legislative body, or any other person authorized by law) in which, pursuant to law, testimony can be compelled to be given.

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1979–2024 · leading case: People v. Wharton, 809 P.2d 290 (Cal. 1991).
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People v. Wharton, 809 P.2d 290 (Cal. 1991). · cites it 2× “" (Evid. Code, § 901.) In light of these provisions, amici curiae argue that because the Tarasoff warning ( supra, 17 Cal.”
Welfare Rights Org. v. Crisan, 661 P.2d 1073 (Cal. 1983). · cites it 4× “(b) No *769 person has a privilege to refuse to disclose any matter or to refuse to produce any writing, object or other thing.”
People v. Roberto v., 2001 Cal. Daily Op. Serv. 9993 (Cal. Ct. App. 2001). “12 Evidence Code section 901 defines “[proceeding” as “any action, hearing, investigation, inquest, or inquiry (whether conducted by a court, administrative agency, hearing officer, arbitrator, legislative body, or any other person authorized by law) in which, pursuant to law,…”
Bd. of Med. Quality Assurance v. Gherardini, 93 Cal. App. 3d 669 (Cal. Ct. App. 1979). “The Medical Board reasons as follows: Evidence Code section 901 defines a “proceeding” as “any action, hearing, investigation, inquest, or inquiry (whether conducted by a court, administrative agency, hearing officer, arbitrator, legislative body, or any other person authorized…”
S. California Gas Co. v. Pub. Utils. Comm'n, 784 P.2d 1373 (Cal. 1990). “) Evidence Code section 901 defines a “proceeding” to include “any action, hearing, investigation, inquest, or inquiry (whether conducted by a court, administrative agency, hearing officer, arbitrator, legislative body, or any other person authorized by law) in which, pursuant…”
Bd. of Med. Quality Assurance v. Hazel Hawkins Mem'l Hosp., 135 Cal. App. 3d 561 (Cal. Ct. App. 1982). · cites it 2× “” (Evid. Code, § 901.) 6 Therefore, the physician-patient privilege does not apply to this investigative “proceeding” conducted by appellant to determine whether Dr.”
The Zumbrun Law Firm v. California Legislature, 165 Cal. App. 4th 1603 (Cal. Ct. App. 2008). “(Evid. Code, § 901.) Plaintiff cites no authority to support its claim that an exemption to LORA’s open records policy is to be treated as if it were an evidentiary privilege subject to waiver if disclosed, and we are aware of no such authority.”
In re Halverson, 169 P.3d 1161 (Nev. 2007). “1990) (citing Cal. Evid. Code § 901 ). See NRS 1.4655(1) (providing that the Commission may commence an inquiry into alleged misconduct upon the receipt of a complaint or information from any source).”
California Teachers Ass'n v. California Comm'n on Teacher Credentialing, 3 Cal. Daily Op. Serv. 8043 (Cal. Ct. App. 2003). “2 Below the COTC and the Committee argued that the investigative phase was not an “administrative proceeding” because no testimony was compelled, relying on the definition of an administrative proceeding (Evid. Code, § 901) for purposes of privileges under the Evidence Code.”
People v. Gutierrez, 177 Cal. App. 3d 92 (Cal. Ct. App. 1986). “) 7 The word “proceeding” is defined in Evidence Code section 901. Although this definition is expressly limited to division 8 (privileges) of the code, it sheds some light on the meaning of the term “proceeding.”
Wharton v. Calderon, 127 F.3d 1201 (9th Cir. 1997). “And “proceeding” is defined as “any action, hearing, investigation, inquest, or inquiry (whether conducted by a court, administrative agency, hearing officer, arbitrator, legislative body, or any other person authorized by law) in which, pursuant to law, testimony can be…”
Gerner v. Super. Ct. (Cal. Ct. App. 2016). “15 Evidence Code section 910 provides that “the provisions of this division [relating to privileges] apply in all proceedings”; and section 901 defines “proceedings” to include “any .”
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