Evidence Code § 1016 – No Privilege for Communications Relevant to Mental Condition
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Evidence Code § 1016 – No Privilege for Communications Relevant to Mental Condition
California Law
669.
There is no privilege under this article as to a communication relevant to an issue concerning the mental or emotional condition of the patient if such issue has been tendered by:
(a) The patient;
(b) Any party claiming through or under the patient;
(c) Any party claiming as a beneficiary of the patient through a contract to which the patient is or was a party; or
(d) The plaintiff in an action brought under Section 376 or 377 of the Code of Civil Procedure for damages for the injury or death of the patient.
(Enacted by Stats. 1965, Ch. 299.)
California Law Summary
This statute creates an exception to the psychotherapist-patient privilege when a patient’s mental or emotional condition is at issue in a civil proceeding. If a plaintiff puts their mental health into controversy such as claiming emotional distress—the opposing party may obtain relevant mental health records or testimony.
Purpose
To balance the right to privacy in mental health treatment with the right of the opposing party to access information essential to evaluating claims of psychological or emotional harm.
Application
In cases where plaintiffs claim emotional distress, pain and suffering, or mental anguish, § 1016 may allow defense counsel to request access to therapy notes, diagnoses, or related testimony. However, the scope of disclosure is typically limited to what is directly relevant to the issues raised in the lawsuit.
