What remedies are available in discovery cases where an order of the trial court granting discovery allegedly violates privilege?

California, United States of America


The following excerpt is from New York Times Co. v. Superior Court (Sortomme), 215 Cal.App.3d 672, 248 Cal.Rptr. 426 (Cal. App. 1988):

"The need for the availability of the prerogative writs in discovery cases where an order of the trial court granting discovery allegedly violates a privilege of the party against whom discovery is granted, is obvious. The person seeking to exercise the privilege must either succumb to the court's order and disclose the privileged information, or subject himself to a charge of contempt for his refusal to obey the court's order pending appeal. The first of these alternatives is hardly an adequate remedy and could lead to disruption of a confidential relationship. The second is clearly inadequate as it would involve the possibility of a jail sentence and additional delay in the principal litigation during review of the contempt order." ( Roberts v. Superior Court, supra, 9 Cal.3d at p. 336, 107 Cal.Rptr. 309, 508 P.2d 309.)

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