California, United States of America
The following excerpt is from San Diego Trolley v. Superior Court of San Diego, 105 Cal.Rptr.2d 476, 87 Cal.App.4th 1083 (Cal. App. 2001):
Of course the psychotherapist-patient privilege may be waived when the patient voluntarily discloses otherwise confidential information or tenders her mental state as an issue. (See Evid. Code, 912, subd. (a), 1016; Roberts v. Superior Court (1973) 9 Cal.3d 330, 340.) However, "[t]he waiver of an important right must be a voluntary and knowing act done with sufficient awareness of the relevant circumstances and likely consequences." (Roberts v. Superior Court, supra, 9 Cal.3d at p. 343, italics added).
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