Cal. Evidence Code § 1016 : California Evidence Code — Privileges — Particular Privileges — Psychotherapist-Patient Privilege — Communications tendered by patient Date: 31 Aug 2016 TEXT PDF Current through the 2016 Legislative Session 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. Ca. Evid. Code § 1016