Is there a quantum type rule of degree under which a plaintiff has a substantial claim to privilege as to entirely prospective acts?

California, United States of America


The following excerpt is from Gonzales v. Superior Court, 117 Cal.App.3d 57, 178 Cal.Rptr. 358 (Cal. App. 1980):

Nevertheless, by way of indicating that it was adopting a quantum type rule of degree, the court also observed that "Insubstantial claims to the privilege as to entirely prospective acts may certainly be asserted, but such claims are not here, and they need only be considered when a litigant has the temerity to pursue them." (Marchetti v. United States, supra, 390 U.S. 39, 54, 88 S.Ct. 697, 706, 19 L.Ed.2d 889.)

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