COUNTY OF ALAMEDA, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; DARLENE W. et al., Real Parties in Interest, 194 Cal. App. 3d 254

Summary

Plaintiff, real party in interest, was a patient in petitioner's psychiatric hospital. Plaintiff filed a negligence action against petitioner psychiatric hospital based upon an allegation that plaintiff was raped by a male patient in the hospital. Plaintiff sought a discovery order requiring petitioner to disclose the name, address, and telephone number of the male patient that had allegedly raped plaintiff. Respondent superior court granted plaintiff's discovery motion and petitioner asked the reviewing court to restrain enforcement of the discovery order. Petitioner contended on appeal the male patient's name, address, and telephone number was protected from disclosure under the psychotherapist-patient privilege. The court rejected petitioner's contention based upon the narrow facts presented in the case and ruled that the privilege was not absolute and that the protective character of patient-psychotherapist communications must yield to the extent to which disclosure was essential ...