What is the test for judicial review of a finding of attorney-client privilege?

California, United States of America


The following excerpt is from People v. Shrier, 10 Cal. Daily Op. Serv. 14, 621, 118 Cal.Rptr.3d 233, 190 Cal.App.4th 400 (Cal. App. 2011):

*412 "On appeal, the scope of judicial review of a court's finding of the existence or nonexistence of the attorney-client privilege is limited. ' "When the facts, or reasonable inferences from the facts, shown in support of or in opposition to the claim of privilege are in conflict, the determination of whether the evidence supports one conclusion or the other is for the trial court, and a reviewing court may not disturb such finding if there is any substantial evidence to support it [citations]." ' [Citation.]" ( People v. Urbano (2005) 128 Cal.App.4th 396, 403, 26 Cal.Rptr.3d 871.) " In applying the substantial evidence test, we view the facts in the light most favorable to the [prevailing party], resolving all conflicts in [its] favor and accepting all reasonable inferences deduced from the evidence. [Citation.]" ( Lazan v. County of Riverside (2006) 140 Cal.App.4th 453, 458, 44 Cal.Rptr.3d 394.)

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