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  5. 194 Cal.App.3d 254 (1987)
 

COUNTY OF ALAMEDA v. SUPERIOR COURT

Docket No. A035526.

194 Cal.App.3d 254 (1987)

239 Cal. Rptr. 400

COUNTY OF ALAMEDA, Petitioner, v. THE SUPERIOR COURT OF ALAMEDA COUNTY, Respondent; DARLENE W., Real Party in Interest.

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

August 20, 1987.

Attorney(s) appearing for the Case

COUNSEL

Stephen G. Blitch, James C. Martin, Mark E. Barmore, Peter W. Davis and Crosby, Heafey, Roach & May for Petitioner.

No appearance for Respondent.

J. Frederick Haley and Matthew D. Haley for Real Party in Interest.

OPINION

SMITH, J.

This petition presents the question of whether the identity of a mental patient who allegedly raped another in a county facility is privileged against discovery by the alleged victim in a personal injury action. We hold under the facts of this case that it is not. In doing so, we limit the impact of our holding in Smith v. Superior Court (1981) 118 Cal.App.3d 136...

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