party asserts the attorney-client privilege (California) · Go Syfert
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party asserts the attorney-client privilege in California

7 California opinions name it 1 courts 1997–2024 2 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 (5)

CaseFollowedCited
People v. Velasquezgreen
calctapp · 1987 · cited in 2 California opinions naming this issue, 2018–2018
2 sentences

2018(Greyhound Corp. v. Superior Court (1961) 56 Cal.2d 355, 396 .) The privilege is also to be strictly construed “where the relationship is not clearly established.” (People v. Velasquez (1987) 192 Cal.App.3d 319, 327, fn. 4 .) 13 “When a party asserts the attorney-client privilege it is incumbent upon that party to prove the preliminary fact that a privilege exists. [Citation.] Once the foundational facts have been presented, i.e., that a communication has been made ‘in confidence in the course of the lawyer-client . . . relationship, the communication is presumed to have been made in confidenc

2018(Greyhound Corp. v. Superior Court (1961) 56 Cal.2d 355, 396 .) The privilege is also to be strictly construed “where the relationship is not clearly established.” (People v. Velasquez (1987) 192 Cal.App.3d 319, 327, fn. 4 .) 13 “When a party asserts the attorney-client privilege it is incumbent upon that party to prove the preliminary fact that a privilege exists. [Citation.] Once the foundational facts have been presented, i.e., that a communication has been made ‘in confidence in the course of the lawyer-client . . . relationship, the communication is presumed to have been made in confidenc

22
State Farm Fire & Cas. Co. v. Superior Court of L.A. Cty.green
calctapp · 1997 · cited in 4 California opinions naming this issue, 2004–2024
2 sentences

2024“When a party asserts the attorney-client privilege it is incumbent upon that party to prove the preliminary fact that a privilege exists.” (State Farm Fire & Casualty Co. v. Superior Court (1997) 54 Cal.App.4th 625, 639 .) On that party’s prima facie showing “that a communication has been made ‘in confidence in the course of the lawyer-client . . . relationship, the communication is presumed to have been made in confidence and the opponent of the claim of privilege has the burden of proof to establish that the communication was not confidential,’ or that an exception exists.” (Ibid.) A defend

2018(Greyhound Corp. v. Superior Court (1961) 56 Cal.2d 355, 396 .) The privilege is also to be strictly construed “where the relationship is not clearly established.” (People v. Velasquez (1987) 192 Cal.App.3d 319, 327, fn. 4 .) 13 “When a party asserts the attorney-client privilege it is incumbent upon that party to prove the preliminary fact that a privilege exists. [Citation.] Once the foundational facts have been presented, i.e., that a communication has been made ‘in confidence in the course of the lawyer-client . . . relationship, the communication is presumed to have been made in confidenc

14
Zubulake v. UBS Warburg LLCgreen
nysd · 2003 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022N.Y. 2003) 220 F.R.D. 212, 216-217 [ruling defendant reasonably anticipated litigation because internal company e-mails about the plaintiff were labeled attorney- client privilege and most people in the company who were associated with the plaintiff recognized the possibility she might sue].) When a party asserts the attorney-client privilege and/or attorney work product protection over a document that had been previously entered in a privilege log, courts may consider the act of entry as evidence the party had already identified a potential claim and had reasonably anticipated it would result

11
Venture Law Group v. Superior Courtgreen
calctapp · 2004 · cited in 1 California opinions naming this issue, 2015–2015
1 sentence

2015Analysis “In general, when a party asserts the attorney-client privilege, that party has the burden of showing the preliminary facts necessary to support the privilege. [Citation.] The necessary preliminary facts include the existence of the attorney-client relationship at the time the confidential communication was made. [Citation.] After this burden is met, or where there is no dispute concerning the preliminary facts, the burden shifts to the party opposing the privilege to show either the claimed privilege does not apply, an exception exists, or there has been an express or implied waiver.

11
Mahoney v. Superior Courtgreen
calctapp · 1983 · cited in 1 California opinions naming this issue, 1997–1997
2 sentences

1997(Mahoney v. Superior Court (1983) 142 Cal.App.3d 937, 940 [ 191 Cal.Rptr. 425 ].) Once the foundational facts have been presented, i.e., that a communication has been made “in confidence in the course of the lawyer-client . . . relationship, the communication is presumed to have been made in confidence and the opponent of the claim of privilege has the burden of proof to establish that the communication was not confidential,” or that an exception exists.

1997(Mahoney v. Superior Court (1983) 142 Cal.App.3d 937, 940 [ 191 Cal.Rptr. 425 ].) Once the foundational facts have been presented, i.e., that a communication has been made “in confidence in the course of the lawyer-client . . . relationship, the communication is presumed to have been made in confidence and the opponent of the claim of privilege has the burden of proof to establish that the communication was not confidential,” or that an exception exists.

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 (2)

CaseCitedYears
Greyhound Corp. v. Superior Court green
cal · 1961
2 sentences

2018(Greyhound Corp. v. Superior Court (1961) 56 Cal.2d 355, 396 .) The privilege is also to be strictly construed “where the relationship is not clearly established.” (People v. Velasquez (1987) 192 Cal.App.3d 319, 327, fn. 4 .) 13 “When a party asserts the attorney-client privilege it is incumbent upon that party to prove the preliminary fact that a privilege exists. [Citation.] Once the foundational facts have been presented, i.e., that a communication has been made ‘in confidence in the course of the lawyer-client . . . relationship, the communication is presumed to have been made in confidenc

2018(Greyhound Corp. v. Superior Court (1961) 56 Cal.2d 355, 396 .) The privilege is also to be strictly construed “where the relationship is not clearly established.” (People v. Velasquez (1987) 192 Cal.App.3d 319, 327, fn. 4 .) 13 “When a party asserts the attorney-client privilege it is incumbent upon that party to prove the preliminary fact that a privilege exists. [Citation.] Once the foundational facts have been presented, i.e., that a communication has been made ‘in confidence in the course of the lawyer-client . . . relationship, the communication is presumed to have been made in confidenc

22018–2018
Wellpoint Health Networks, Inc. v. Superior Court of Los Angeles County green
calctapp · 1997
1 sentence

2024“When a party asserts the attorney-client privilege it is incumbent upon that party to prove the preliminary fact that a privilege exists.” (State Farm Fire & Casualty Co. v. Superior Court (1997) 54 Cal.App.4th 625, 639 .) On that party’s prima facie showing “that a communication has been made ‘in confidence in the course of the lawyer-client . . . relationship, the communication is presumed to have been made in confidence and the opponent of the claim of privilege has the burden of proof to establish that the communication was not confidential,’ or that an exception exists.” (Ibid.) A defend

12024–2024

Statutes the citing opinions construe

CA § Cal. Evidence Code § 951 (3)

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.

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