In Little v. Superior Court (1968) 260 Cal.App.2d 311, the trial court ruled that in alleging that he is a "fit and proper person to be awarded custody of the minor child of the parties" a husband placed in issue his mental and emotional condition so as to permit discovery of otherwise privileged communications to a psychotherapist, but no review of that ruling was sought. The issue before the appellate court was whether the husband could be held in contempt for refusing to sign a consent authorizing a witness to answer certain questions, and the court ruled that under the circumstances of that case he could not. The applicability of the patient-litigant exception was not an issue before the appellate court, and was not discussed.