Smith v. Smith

Petitioner, Natalia Smith (wife), petitions this court for writ of certiorari following the trial court’s denial of her motion for a protective order. Respondent, Geoffrey Smith (husband), sought his wife’s medical records, having alleged that she waived her psychotherapist-patient statutory privilege. Following a motion calendar hearing, the trial court granted the Husband’s Motion to Waive [Wife’s] Psychotherapist privilege, allowing the Husband to obtain “any and all mental health records” from the Wife, beginning in 2006.

We find that the trial court departed from the essential…