deposition hearing (California) · Go Syfert
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deposition hearing in California

8 California opinions name it 2 courts 1897–2019 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Powell v. Bear Valley Cmty. Hosp.green
calctapp · 2018 · cited in 1 California opinions naming this issue, 2019–2019
1 sentence

2019(El-Attar, supra, 56 Cal.4th at p. 989 .) 5 E.g., Mileikowsky, supra, 45 Cal.4th at p. 1269 ; Powell v. Bear Valley Community Hospital (2018) 22 Cal.App.5th 263, 274-275 (Powell) (both noting statutory description of review panel as trier of fact). 6 Undesignated statutory references are to the Business and Professions Code. 7 In a deposition of the hearing officer taken in connection with the mandate petition, the hearing officer acknowledged slightly more than half of his income in 2011 and 2014 was derived in peer reviews from defendant-affiliated entities and ranged from 0.9 to 24 percent

11
Knight v. City of Capitolared
calctapp · 1992 · cited in 1 California opinions naming this issue, 2007–2007
2 sentences

2007What was his or her intent or purpose in pursuing it?’ ” (Gemini Aluminum v. California Custom Shades, supra, 95 Cal.App.4th at p. 1263 , quoting Knight v. City of Capitola (1992) 4 Cal.App.4th 918, 932 [ 6 Cal.Rptr.2d 874 ].) Here, in opposition to the motion for fees, Yield proffered evidence including a declaration by Yield principal Buckheit and excerpts from the deposition of defense expert Robert Stillerman.

2007What was his or her intent or purpose in pursuing it?’ ” (Gemini Aluminum v. California Custom Shades, supra, 95 Cal.App.4th at p. 1263 , quoting Knight v. City of Capitola (1992) 4 Cal.App.4th 918, 932 [ 6 Cal.Rptr.2d 874 ].) Here, in opposition to the motion for fees, Yield proffered evidence including a declaration by Yield principal Buckheit and excerpts from the deposition of defense expert Robert Stillerman.

11
Hubbart v. Superior Courtgreen
cal · 1999 · cited in 1 California opinions naming this issue, 2000–2000
2 sentences

2000(Hubbart v. Superior Court (1999) 19 Cal.4th 1138, 1144 [ 81 Cal.Rptr.2d 492 , 969 P.2d 584 ]; In re Parker (1998) 60 Cal.App.4th 1453, 1466 [ 71 Cal.Rptr.2d 167 ].) Here, the deposition and waiver of Griego’s rights under the Fifth Amendment were justified upon the promise that the authorities were seeking to diagnose and treat his mental illness.

2000(Hubbart v. Superior Court (1999) 19 Cal.4th 1138, 1144 [ 81 Cal.Rptr.2d 492 , 969 P.2d 584 ]; In re Parker (1998) 60 Cal.App.4th 1453, 1466 [ 71 Cal.Rptr.2d 167 ].) Here, the deposition and waiver of Griego’s rights under the Fifth Amendment were justified upon the promise that the authorities were seeking to diagnose and treat his mental illness.

11
In Re Parkergreen
calctapp · 1998 · cited in 1 California opinions naming this issue, 2000–2000
2 sentences

2000(Hubbart v. Superior Court (1999) 19 Cal.4th 1138, 1144 [ 81 Cal.Rptr.2d 492 , 969 P.2d 584 ]; In re Parker (1998) 60 Cal.App.4th 1453, 1466 [ 71 Cal.Rptr.2d 167 ].) Here, the deposition and waiver of Griego’s rights under the Fifth Amendment were justified upon the promise that the authorities were seeking to diagnose and treat his mental illness.

2000(Hubbart v. Superior Court (1999) 19 Cal.4th 1138, 1144 [ 81 Cal.Rptr.2d 492 , 969 P.2d 584 ]; In re Parker (1998) 60 Cal.App.4th 1453, 1466 [ 71 Cal.Rptr.2d 167 ].) Here, the deposition and waiver of Griego’s rights under the Fifth Amendment were justified upon the promise that the authorities were seeking to diagnose and treat his mental illness.

11
Abbott v. Superior Courtgreen
calctapp · 1947 · cited in 1 California opinions naming this issue, 1963–1963
2 sentences

1963The attorney-client privilege does not extend to communications between the attorney and client “having to do with the client’s contemplated criminal acts, or in aid or furtherance thereof.. ..” (Abbott v. Superior Court, 78 Cal. App.2d 19, 21 [ 177 P.2d 317 ]; Wilson v. Superior Court, 148 Cal.App.2d 433, 443 [ 307 P.2d 37 ].) Similarly, when the client seeks advice that will serve him in the contemplated perpetration of a fraud there is no privilege.

1963The attorney-client privilege does not extend to communications between the attorney and client “having to do with the client’s contemplated criminal acts, or in aid or furtherance thereof.. ..” (Abbott v. Superior Court, 78 Cal. App.2d 19, 21 [ 177 P.2d 317 ]; Wilson v. Superior Court, 148 Cal.App.2d 433, 443 [ 307 P.2d 37 ].) Similarly, when the client seeks advice that will serve him in the contemplated perpetration of a fraud there is no privilege.

11
Wilson v. Superior Courtgreen
calctapp · 1957 · cited in 1 California opinions naming this issue, 1963–1963
2 sentences

1963The attorney-client privilege does not extend to communications between the attorney and client “having to do with the client’s contemplated criminal acts, or in aid or furtherance thereof.. ..” (Abbott v. Superior Court, 78 Cal. App.2d 19, 21 [ 177 P.2d 317 ]; Wilson v. Superior Court, 148 Cal.App.2d 433, 443 [ 307 P.2d 37 ].) Similarly, when the client seeks advice that will serve him in the contemplated perpetration of a fraud there is no privilege.

1963The attorney-client privilege does not extend to communications between the attorney and client “having to do with the client’s contemplated criminal acts, or in aid or furtherance thereof.. ..” (Abbott v. Superior Court, 78 Cal. App.2d 19, 21 [ 177 P.2d 317 ]; Wilson v. Superior Court, 148 Cal.App.2d 433, 443 [ 307 P.2d 37 ].) Similarly, when the client seeks advice that will serve him in the contemplated perpetration of a fraud there is no privilege.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Wahlgren v. Coleco Industries, Inc. green
calctapp · 1984
1 sentence

2019(Wahlgren, supra, 151 Cal.App.3d at p. 546 .) As relevant here, Wahlgren states: “[I]t should be noted that a deposition hearing normally functions as a discovery device.

12019–2019
El-Attar v. Hollywood Presbyterian Medical Center green
cal · 2013
1 sentence

2019(El-Attar, supra, 56 Cal.4th at p. 989 .) 5 E.g., Mileikowsky, supra, 45 Cal.4th at p. 1269 ; Powell v. Bear Valley Community Hospital (2018) 22 Cal.App.5th 263, 274-275 (Powell) (both noting statutory description of review panel as trier of fact). 6 Undesignated statutory references are to the Business and Professions Code. 7 In a deposition of the hearing officer taken in connection with the mandate petition, the hearing officer acknowledged slightly more than half of his income in 2011 and 2014 was derived in peer reviews from defendant-affiliated entities and ranged from 0.9 to 24 percent

12019–2019
Mileikowsky v. West Hills Hospital & Medical Center green
cal · 2009
2 sentences

2019(El-Attar, supra, 56 Cal.4th at p. 989 .) 5 E.g., Mileikowsky, supra, 45 Cal.4th at p. 1269 ; Powell v. Bear Valley Community Hospital (2018) 22 Cal.App.5th 263, 274-275 (Powell) (both noting statutory description of review panel as trier of fact). 6 Undesignated statutory references are to the Business and Professions Code. 7 In a deposition of the hearing officer taken in connection with the mandate petition, the hearing officer acknowledged slightly more than half of his income in 2011 and 2014 was derived in peer reviews from defendant-affiliated entities and ranged from 0.9 to 24 percent

2019(El-Attar, supra, 56 Cal.4th at p. 989 .) 5 E.g., Mileikowsky, supra, 45 Cal.4th at p. 1269 ; Powell v. Bear Valley Community Hospital (2018) 22 Cal.App.5th 263, 274-275 (Powell) (both noting statutory description of review panel as trier of fact). 6 Undesignated statutory references are to the Business and Professions Code. 7 In a deposition of the hearing officer taken in connection with the mandate petition, the hearing officer acknowledged slightly more than half of his income in 2011 and 2014 was derived in peer reviews from defendant-affiliated entities and ranged from 0.9 to 24 percent

12019–2019
Gemini Aluminum Corp. v. California Custom Shapes, Inc. green
calctapp · 2002
1 sentence

2007What was his or her intent or purpose in pursuing it?’ ” (Gemini Aluminum v. California Custom Shades, supra, 95 Cal.App.4th at p. 1263 , quoting Knight v. City of Capitola (1992) 4 Cal.App.4th 918, 932 [ 6 Cal.Rptr.2d 874 ].) Here, in opposition to the motion for fees, Yield proffered evidence including a declaration by Yield principal Buckheit and excerpts from the deposition of defense expert Robert Stillerman.

12007–2007
Spectra-Physics, Inc. v. Superior Court green
calctapp · 1988
1 sentence

2006In Spectra-Physics, supra, 198 Cal.App.3d 1487 , the Court of Appeal went so far as to issue a peremptory writ in the first instance to direct the trial court to vacate its order permitting the deposition of defense counsel to be taken.

12006–2006
Miller v. Ash green
cal · 1909
1 sentence

1920In the later case of Metteer v. Smith, 156 Cal. 572 , [ 105 Pac. 600 ], the court, in referring to the last case, passes it with the remark that counsel concede the admission of part of the deposition to be error, but the court ignores the error on the ground that the portions admitted were harmless.

11920–1920
Metteer v. Smith green
cal · 1909
1 sentence

1920In the later case of Metteer v. Smith, 156 Cal. 572 , [ 105 Pac. 600 ], the court, in referring to the last case, passes it with the remark that counsel concede the admission of part of the deposition to be error, but the court ignores the error on the ground that the portions admitted were harmless.

11920–1920
Newell v. Desmond green
cal · 1887
1 sentence

1897(Newell v. Desmond, 74 Cal. 46 ; Johnston v. McDuffee, 83 Cal. 30 .) But the deposition is not in the record, and there is nothing there which gives the slightest intimation of its contents—except only “that it was duly and legally taken.” Therefore, it does not, of course, appear that appellant was prejudiced by the ruling; but if this be a case where the rule that injury is presumed from abstract error can be successfully invoked, still it does not appear that the exclusion of the deposition was error.

11897–1897
Johnston v. McDuffee neutral
cal · 1890
1 sentence

1897(Newell v. Desmond, 74 Cal. 46 ; Johnston v. McDuffee, 83 Cal. 30 .) But the deposition is not in the record, and there is nothing there which gives the slightest intimation of its contents—except only “that it was duly and legally taken.” Therefore, it does not, of course, appear that appellant was prejudiced by the ruling; but if this be a case where the rule that injury is presumed from abstract error can be successfully invoked, still it does not appear that the exclusion of the deposition was error.

11897–1897

Where else courts name it

FL 11 (1974–2025) TX 9 (1941–2024) CA 8 (1897–2019) OH 7 (1943–2017) NC 5 (1968–2021) MA 5 (1994–2005) IL 4 (1966–2012) LA 4 (2001–2004) GA 4 (1979–2009) MO 4 (1965–1993) DE 3 (2020–2023) IA 3 (2011–2013) CT 3 (1994–2017) PA 3 (1902–2008) NY 2 (2021–2025) IN 2 (2006–2013) AL 2 (1970–2016) NJ 2 (1970–2003) WI 2 (1937–1996)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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