The court issued an injunction under C.C.P. §527.6 after a nurse reported to the police a neighbor of the petitioner said she made a will and funeral arrangements because she planned to kill her neighbor [petitioner] and then herself. On appeal, the enjoined person argued the only evidence of a credible threat was hearsay protected by the physician-patient privilege found in Evidence Code §994. The appellate court, after noting Evid.Code §990 does not include a nurse in its definition of a physician, affirmed. Duronslet v. Kamps (Cal. App. First Dist., Div. 5; February 15, 2012) 203 Cal.App.4th 717, [137 Cal.Rptr.3d 756].
Leave a Reply
You must be logged in to post a comment.