What is the test for discovery of personal information in civil litigation?

California, United States of America


The following excerpt is from Mendez v. Superior Court, 206 Cal.App.3d 557, 253 Cal.Rptr. 731 (Cal. App. 1988):

" 'And even when discovery of private information is found directly relevant to the issues of ongoing litigation, it will not be automatically allowed; there must then be a "careful balancing" of the "compelling public need" for discovery against the "fundamental right of privacy." ' " (Binder v. Superior Court (1987) 196 Cal.App.3d 893, 900, 242 Cal.Rptr. 231, emphasis in original.) 4

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