claim of attorney-client privilege (California) · Go Syfert
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claim of attorney-client privilege in California

7 California opinions name it 1 courts 1975–2023 1 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 (8)

CaseFollowedCited
People v. Gionisgreen
cal · 1995 · cited in 2 California opinions naming this issue, 2005–2023
2 sentences

2023(Gionis, supra, 9 Cal.4th at p. 1208 .) Substantial evidence is not synonymous with any evidence or a mere scintilla of evidence, but is only evidence that is of ponderable legal significance, reasonable in nature, credible, and of solid value.

2005(People v. Gionis (1995) 9 Cal.4th 1196, 1208 [ 40 Cal.Rptr.2d 456 , 892 P.2d 1199 ].) “[The] appellate court must view the evidence in the light most favorable to respondent and presume in support of the [ruling] the existence of every fact the trier could reasonably deduce from the evidence.” (People v. Reilly (1970) 3 Cal.3d 421, 425 [ 90 Cal.Rptr. 417 , 475 P.2d 649 ].) However, even when exercising substantial evidence review, the appellate court “must exercise its independent judgment in applying the particular legal standard to the facts as found.” (People v. Butler (2003) 31 Cal.4th 11

12
People v. Reillygreen
cal · 1970 · cited in 1 California opinions naming this issue, 2005–2005
2 sentences

2005(People v. Gionis (1995) 9 Cal.4th 1196, 1208 [ 40 Cal.Rptr.2d 456 , 892 P.2d 1199 ].) “[The] appellate court must view the evidence in the light most favorable to respondent and presume in support of the [ruling] the existence of every fact the trier could reasonably deduce from the evidence.” (People v. Reilly (1970) 3 Cal.3d 421, 425 [ 90 Cal.Rptr. 417 , 475 P.2d 649 ].) However, even when exercising substantial evidence review, the appellate court “must exercise its independent judgment in applying the particular legal standard to the facts as found.” (People v. Butler (2003) 31 Cal.4th 11

2005(People v. Gionis (1995) 9 Cal.4th 1196, 1208 [ 40 Cal.Rptr.2d 456 , 892 P.2d 1199 ].) “[The] appellate court must view the evidence in the light most favorable to respondent and presume in support of the [ruling] the existence of every fact the trier could reasonably deduce from the evidence.” (People v. Reilly (1970) 3 Cal.3d 421, 425 [ 90 Cal.Rptr. 417 , 475 P.2d 649 ].) However, even when exercising substantial evidence review, the appellate court “must exercise its independent judgment in applying the particular legal standard to the facts as found.” (People v. Butler (2003) 31 Cal.4th 11

11
People v. Butlergreen
cal · 2003 · cited in 1 California opinions naming this issue, 2005–2005
2 sentences

2005(People v. Gionis (1995) 9 Cal.4th 1196, 1208 [ 40 Cal.Rptr.2d 456 , 892 P.2d 1199 ].) “[The] appellate court must view the evidence in the light most favorable to respondent and presume in support of the [ruling] the existence of every fact the trier could reasonably deduce from the evidence.” (People v. Reilly (1970) 3 Cal.3d 421, 425 [ 90 Cal.Rptr. 417 , 475 P.2d 649 ].) However, even when exercising substantial evidence review, the appellate court “must exercise its independent judgment in applying the particular legal standard to the facts as found.” (People v. Butler (2003) 31 Cal.4th 11

2005(People v. Gionis (1995) 9 Cal.4th 1196, 1208 [ 40 Cal.Rptr.2d 456 , 892 P.2d 1199 ].) “[The] appellate court must view the evidence in the light most favorable to respondent and presume in support of the [ruling] the existence of every fact the trier could reasonably deduce from the evidence.” (People v. Reilly (1970) 3 Cal.3d 421, 425 [ 90 Cal.Rptr. 417 , 475 P.2d 649 ].) However, even when exercising substantial evidence review, the appellate court “must exercise its independent judgment in applying the particular legal standard to the facts as found.” (People v. Butler (2003) 31 Cal.4th 11

11
Mavroudis v. Superior Courtgreen
calctapp · 1980 · cited in 1 California opinions naming this issue, 2004–2004
2 sentences

2004(See Cornish v. Superior Court (1989) 209 Cal.App.3d 467, 480 [ 257 Cal.Rptr. 383 ].) “The rule is based on the notion that when' there is a claim of attorney client privilege, for example, it is neither customary nor necessary to review the contents of the communication in order to determine whether the privilege applies as the court’s factual determination does not involve the nature of the communications or the effect of disclosure but rather the existence of the relationship at the time the communication was made, the intent of the client and whether the communication emanates from the cli

2004(See Cornish v. Superior Court (1989) 209 Cal.App.3d 467, 480 [ 257 Cal.Rptr. 383 ].) “The rule is based on the notion that when' there is a claim of attorney client privilege, for example, it is neither customary nor necessary to review the contents of the communication in order to determine whether the privilege applies as the court’s factual determination does not involve the nature of the communications or the effect of disclosure but rather the existence of the relationship at the time the communication was made, the intent of the client and whether the communication emanates from the cli

11
Cornish v. Superior Courtgreen
calctapp · 1989 · cited in 1 California opinions naming this issue, 2004–2004
2 sentences

2004(See Cornish v. Superior Court (1989) 209 Cal.App.3d 467, 480 [ 257 Cal.Rptr. 383 ].) “The rule is based on the notion that when' there is a claim of attorney client privilege, for example, it is neither customary nor necessary to review the contents of the communication in order to determine whether the privilege applies as the court’s factual determination does not involve the nature of the communications or the effect of disclosure but rather the existence of the relationship at the time the communication was made, the intent of the client and whether the communication emanates from the cli

2004(See Cornish v. Superior Court (1989) 209 Cal.App.3d 467, 480 [ 257 Cal.Rptr. 383 ].) “The rule is based on the notion that when' there is a claim of attorney client privilege, for example, it is neither customary nor necessary to review the contents of the communication in order to determine whether the privilege applies as the court’s factual determination does not involve the nature of the communications or the effect of disclosure but rather the existence of the relationship at the time the communication was made, the intent of the client and whether the communication emanates from the cli

11
People v. Managogreen
calctapp · 1990 · cited in 1 California opinions naming this issue, 2004–2004
2 sentences

2004(See Cornish v. Superior Court (1989) 209 Cal.App.3d 467, 480 [ 257 Cal.Rptr. 383 ].) “The rule is based on the notion that when' there is a claim of attorney client privilege, for example, it is neither customary nor necessary to review the contents of the communication in order to determine whether the privilege applies as the court’s factual determination does not involve the nature of the communications or the effect of disclosure but rather the existence of the relationship at the time the communication was made, the intent of the client and whether the communication emanates from the cli

2004(See Cornish v. Superior Court (1989) 209 Cal.App.3d 467, 480 [ 257 Cal.Rptr. 383 ].) “The rule is based on the notion that when' there is a claim of attorney client privilege, for example, it is neither customary nor necessary to review the contents of the communication in order to determine whether the privilege applies as the court’s factual determination does not involve the nature of the communications or the effect of disclosure but rather the existence of the relationship at the time the communication was made, the intent of the client and whether the communication emanates from the cli

11
United States v. Morrisongreen
scotus · 1981 · cited in 1 California opinions naming this issue, 1991–1991
2 sentences

1991Is the person entitled to claim the privilege sufficiently protected by suppression of the improperly obtained evidence in any trial or other hearing against the movant or holder of the privilege? (§ 1538.5, subd. (d); see United States v. Morrison (1981) 449 U.S. 361, 366 [ 66 L.Ed.2d 564, 569 , 101 S.Ct. 665 ].) In 1979 the Legislature faced the difficult legal questions raised by the use of warrants in the search of attorneys’ offices by adoption of subdivision (c) of section 1524.

1991Is the person entitled to claim the privilege sufficiently protected by suppression of the improperly obtained evidence in any trial or other hearing against the movant or holder of the privilege? (§ 1538.5, subd. (d); see United States v. Morrison (1981) 449 U.S. 361, 366 [ 66 L.Ed.2d 564, 569 , 101 S.Ct. 665 ].) In 1979 the Legislature faced the difficult legal questions raised by the use of warrants in the search of attorneys’ offices by adoption of subdivision (c) of section 1524.

11
In Re Fergusongreen
cal · 1971 · cited in 1 California opinions naming this issue, 1975–1975
2 sentences

1975Its ultimate goal is the ascertainment of truth, and where furtherance of the adversary system comes in conflict with the ultimate goal, the adversary system must give way to reasonable restraints designed to further that goal.” (In re Ferguson (1971) 5 Cal.3d 525, 531 [ 96 Cal.Rptr. 594 , 487 P.2d 1234 ].) Similar considerations govern the claim of attorney-client privilege.

1975Its ultimate goal is the ascertainment of truth, and where furtherance of the adversary system comes in conflict with the ultimate goal, the adversary system must give way to reasonable restraints designed to further that goal.” (In re Ferguson (1971) 5 Cal.3d 525, 531 [ 96 Cal.Rptr. 594 , 487 P.2d 1234 ].) Similar considerations govern the claim of attorney-client privilege.

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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 (2)

CaseCitedYears
Greer v. Miller green
scotus · 1987
2 sentences

2014Defendant does not make a claim of attorney-client privilege in this appeal. 9 In Greer v. Miller (1987) 483 U.S. 756 [ 97 L.Ed.2d 618 ] (Greer), the defendant testified he had taken no part in a kidnapping, robbery, and murder, but the perpetrators had admitted their crime to him.

2014Defendant does not make a claim of attorney-client privilege in this appeal. 9 In Greer v. Miller (1987) 483 U.S. 756 [ 97 L.Ed.2d 618 ] (Greer), the defendant testified he had taken no part in a kidnapping, robbery, and murder, but the perpetrators had admitted their crime to him.

12014–2014
Duplan Corporation v. Deering Milliken, Inc. green
scd · 1974
1 sentence

1980In Duplan Corporation v. Deering Milliken, Inc. (D.S.C. 1975) 397 F.Supp. 1146 , patent licensees challenged the claim of attorney-client privilege by the corporate patent owner in respect to legal communications disclosed to the patent owner’s corporate subsidiaries.

11980–1980

Statutes the citing opinions construe

CA § Cal. Evidence Code § 954 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 8 (1985–2018) CA 7 (1975–2023) FL 4 (1982–2008) PA 3 (1992–2022) GA 3 (1979–2017) IL 2 (2017–2018) HI 2 (1998–2020) MD 2 (2015–2017) AZ 2 (1983–2012) CO 2 (1984–1984) NY 2 (1987–2016) NE 2 (2006–2007)

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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