Roberts v. Superior Court

Roberts v. Superior Court (1973) 9 Cal.3d 330, explain the need for the availability of prerogative writs in discovery cases, confirms this distinction between self-incrimination claims and claims of other privileges. The court in Roberts indicated that writ review should be available because a person seeking to exercise a privilege must otherwise either face contempt for disobeying the court's order or succumb to the court's order and disclose the privileged information, which "could lead to disruption of a confidential relationship." (Roberts, supra, 9 Cal.3d at p. 336.) Roberts involved the psychotherapist-patient privilege, which, like the attorney-client privilege, is premised on protecting a relationship. (Id. at p. 333.)