Current through 2020 Notice Register, No. 38, September 18, 2020
(a) If a privilege is claimed on the ground that the matter sought to be disclosed is a communication made in confidence in the course of the lawyer-client, lawyer referral service-client, physician-patient, psychotherapist-patient, clergy-penitent, marital or domestic partnership, sexual assault counselor-victim, domestic violence counselor-victim, or human trafficking caseworker-victim relationship, the communication is presumed to have been made in confidence and the opponent of the claim of privilege has the burden of proof to establish that the communication was not confidential.(b) A communication between persons in a relationship listed in subdivision (a) does not lose its privileged character for the sole reason that it is communicated by electronic means or because persons involved in the delivery, facilitation, or storage of electronic communication may have access to the content of the communication.(c) For purposes of this section, "electronic" has the same meaning provided in Section 1633.2 of the Civil Code.Amended by Stats 2016 ch 50 (SB 1005),s 33, eff. 1/1/2017.Amended by Stats 2014 ch 913 (AB 2747),s 14, eff. 1/1/2015.Amended by Stats 2006 ch 689 (SB 1743),s 2, eff. 1/1/2007.Amended by Stats 2004 ch 183 (AB 3082),s 93, eff. 1/1/2005Amended by Stats 2003 ch 468 (SB 851), s 2, eff. 1/1/2004.Amended by Stats 2002 ch 72 (SB 2061), s 2, eff. 1/1/2003.