What is the test for establishing that a party to a statement of intent, purpose, or knowledge can destroy the privileged status of that statement?

California, United States of America


The following excerpt is from Abraham v. Lancaster Community Hospital, 217 Cal.App.3d 796, 266 Cal.Rptr. 360 (Cal. App. 1990):

e) Sixth Appellate District: Financial Corp. of America v. Wilburn, supra, 189 Cal.App.3d at page 777, 234 Cal.Rptr. 653 ["Plaintiffs' premise is that the subjective intent, purpose, or knowledge of a writer can destroy the privileged status of otherwise privileged statements. The law is otherwise."].

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