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Right to Financial Privacy in Litigation

Right to Financial Privacy in Litigation

Unfortunately, a tactic often used in litigation is to demand documents and information concerning an individual or corporation's financial affairs to intimidate and harass the other side. Fortunately, the law recognizes the highly sensitive and private nature of financial affairs and provides a fair amount of protection against such unwarranted intrusions. Even when the information sought is relevant, an individual who is a party to litigation has a fundamental right of privacy regarding their confidential financial affairs under California Constitution, Article 1, Section 1. [Cobb v. Superior Court (1979) 99 Cal.App.3d 543, 550; Civil Code section 3295(c).] In addition, the confidential affairs of third persons (nonparties) are also entitled to privacy. [Valley Bank of Nevada v. Superior Court (1975) 15 Cal.3d 652,658.] However, the right to privacy under the California…
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