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SIMEK v. SUPERIOR COURT

Docket No. 50439.

117 Cal.App.3d 169 (1981)

172 Cal. Rptr. 564

CHARLES J. SIMEK, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; LINDA A. SIMEK, Real Party in Interest.

Court of Appeals of California, First District, Division One.

March 23, 1981.

Attorney(s) appearing for the Case

COUNSEL

Cary L. Dictor and Rapoport & Lewis for Petitioner.

No appearance for Respondent.

John R. Griffiths and Crist, Crist, Griffiths, Bryant, Schultz & Biorn for Real Party in Interest.

OPINION

GRODIN, J.

(1) The issue we confront is whether a parent who has been awarded physical custody of minor children in a marital dissolution proceeding may compel disclosure of records otherwise protected by the statutory psychotherapist-patient privilege (Evid. Code, § 1014) and by the physician-patient privilege (Evid. Code, § 994) in order to demonstrate that her former spouse suffers from emotional...

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