Can a civil servant be examined without the consent of an attorney's secretary, stenographer or clerk?

California, United States of America


The following excerpt is from Jessup v. Superior Court In and For Santa Clara County, 151 Cal.App.2d 102, 311 P.2d 177 (Cal. App. 1957):

We are of the opinion that these reports are 'other matters' referred to in section 1227, Government Code. See Coldwell v. Board of Public Works, 187 Cal. 510, 202 P. 879. They would be open to inspection by a citizen were it not that they come within the exceptions 'except as otherwise expressly provided by statute' in section 1892, Code of Civil Procedure, and 'except as otherwise provided' in section 1227, Government Code. The 'otherwise expressly provided' is section 1881, Code of Civil Procedure, subdivision 2: 'An attorney can not, without the consent of his client, be examined as to any communication made by the client to him, or his advice given thereon in the course of professional employment; nor can an attorney's secretary, stenographer, or clerk be examined, without the consent of his employer, concerning any fact the knowledge of which has been acquired in such capacity;' and subdivision 5: 'A public officer can not be examined as to communications made to him in official confidence, when the public interest would suffer by the disclosure.'

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