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MAHONEY v. SUPERIOR COURT

Docket No. AO19999.

142 Cal.App.3d 937 (1983)

191 Cal. Rptr. 425

JOSEPH PATRICK MAHONEY, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; ZELDA KELLY MAHONEY, Real Party in Interest.

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

May 12, 1983.

Attorney(s) appearing for the Case

COUNSEL

Christine E. Sinnott for Petitioner.

No appearance for Respondent.

Lowell H. Sucherman, Cartwright, Sucherman, Slobodin & Fowler and Barry Russ for Real Party in Interest.

OPINION

BARRY-DEAL, J.

(1a) We are asked to rule on the application of the psychotherapist-patient privilege to communications made during what petitioner characterizes as a marriage-counseling session attended by both litigants in a marital dissolution proceeding. Application of the privilege presents mixed questions of law and fact. Yet we are asked to make the decision in a factual vacuum, without any indication that...

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