In what circumstances can a defendant be granted immunity from prosecution in a civil action?

In People v. Superior Court (Kaufman), 12 Cal.3d 421, 115 Cal.Rptr. 812, 525 P.2d 716, the issue was whether in a 'civil action' (12 Cal.3d at p. 424, 115 Cal.Rptr. 812, 525 P.2d 716) the trial court had discretion to issue a protective order under Code of Civil Procedure, section 2019, which encompassed a grant of immunity from criminal liability and an order compelling the defendant to submit to discovery. (Id. at p. 425, 115 Cal.Rptr. 812, 525 P.2d 716.) ⁴

The court, nothing that Byers v. Justice Court, 71 Cal.2d 1039, 80 Cal.Rptr. 553, 458 P.2d 465, had held that a court may hold a person immune from criminal prosecution even absent a specific legislative grant of immunity, ruled: 'We adhere to our rationale in Byers. It is manifest that a grant of immunity with a proper protective order would not frustrate but would further the legislative purpose of suppressing [53 Cal.App.3d 1000] deceptive advertising. Nor would it unduly hamper the prosecution of persons who, in the judgment of the authorities, should be subjected to criminal proceedings.

Page 300