Is a writ of appeal appropriate to review a discovery order that may undermine privilege?

California, United States of America


The following excerpt is from People v. Superior Court of Monterey Cnty., H041705 (Cal. App. 2015):

Additionally, this court has ruled in a criminal case that writ review is appropriate when the petitioner seeks relief from a discovery order that may undermine a privilege, " 'because appellate remedies are not adequate once the privileged information has been disclosed.' [Citations.]" (People v. Superior Court (Mouchaourab) (2000) 78 Cal.App.4th 403, 413 (Mouchaourab); see also Roberts v. Superior Court (1973) 9 Cal.3d 330, 336 [prerogative writs are available where a discovery order allegedly violates a privilege].)

Other Questions


What is the test for a motion to review an order from the Superior Court of Appeal against a motion of appeal against an order requiring the Court to review the order? (California, United States of America)
When a fee order under review is ordered by a judge other than the trial judge, does the court have any discretion or authority to review the order? (California, United States of America)
If the parties have appealed against the Superior Court's order that the parties can continue to argue that the issues addressed by the orders are moot, can they appeal against the orders? (California, United States of America)
On appeal from an order confirming an arbitration award, what is the standard for reviewing an order from the trial court? (California, United States of America)
Does the Court of Appeal have jurisdiction to order an order affecting a judgment from the trial court while the appeal is pending? (California, United States of America)
What is the standard of review applicable to review of a trial court's order involving discovery matters or other matters? (California, United States of America)
Is a discovery order compelling answers that violate attorney-client privilege an abuse of privilege? (California, United States of America)
Does the Court of Appeal have to continue to hear an appeal from an appellant who, as a result of the July 19, 2016 order rendered this appeal moot? (California, United States of America)
What is the test for a review court to order a review of a judgment made by the Superior Court of Appeal? (California, United States of America)
Does a notice of appeal from an unappealable order denying new trial have to be interpreted as an appeal from the underlying order? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.