A deponent’s wife was sued for allegedly causing severe personal injuries when she struck a woman on a bicycle while she was driving her car. In separate criminal proceedings, the deponent’s wife pled guilty to felony driving under the influence of prescription medications. At the deposition, the deponent was asked certain questions which raised a concern about the marital privilege. The deposition was halted and a protective order was requested from the court. The trial court ordered $5,000 in sanctions against the plaintiff and her lawyer for opposing the motion for protective order. The appellate court noted there was conflicting legal authority on the points being argued and reversed the grant of sanctions. Diepenbrock v. Brown (Cal. App. First Dist., Div. 3; August 20, 2012) 208 Cal.App.4th 743.
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