California, United States of America
The following excerpt is from Gerner v. Superior Court of L.A. Cnty., 204 Cal.Rptr.3d 595 (Cal. App. 2016):
My colleagues state respondent court never found a waiver of the psychotherapist-patient privilege, but cite no authority for the proposition that an express finding was required, particularly in circumstances where the privilege was so plainly waived by disclosure. But even if the court did not expressly find a waiver, we review the court's ruling, not its reasoning, and if the ruling was correct on any ground, we uphold the decision of the lower court. ( People v. Rogers(2009) 46 Cal.4th 1136, 1162, fn. 14, 95 Cal.Rptr.3d 652, 209 P.3d 977 ; People v. Zamudio(2008) 43 Cal.4th 327, 351, fn. 11, 75 Cal.Rptr.3d 289, 181 P.3d 105.) The investigator's uncontradicted report establishes waiver of the privilege by disclosure as a matter of law.
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