People v. Superior Court (Kaufman)

In People v. Superior Court (Kaufman) (1974) 12 Cal.3d 421, the Supreme Court went on to hold that resort to the device of use immunity in the face of a claim of privilege against self-incrimination was appropriate and issued a peremptory writ accordingly. In so doing it stated that, "It is manifest that a grant of immunity with a proper protective order would not . . . unduly hamper the prosecution of persons who, in the judgment of the authorities, should be subjected to criminal proceedings . . . . We thus conclude that pursuant to said code section 2019 the respondent court is vested with jurisdiction to issue an appropriate protective order." (Id. at pp. 428-429.) Kaufman stands for the proposition that the trial court, without the benefit of express statutory authorization, can issue a protective order under Code of Civil Procedure section 2019, granting use immunity to a person who is being compelled to submit to discovery in the face of possible self-incrimination.