Simrin v. Simrin
California Court of Appeal
233 Cal. App. 2d 90, 43 Cal. Rptr. 376 (1965)

- Written by Caitlinn Raimo, JD
Facts
Marjorie Joan Simrin (plaintiff) and Stanley Simrin (defendant) were a divorced couple who shared four children. Their final decree of divorce granted Stanley custody of the children, with Marjorie having visitation each weekend. Approximately one year later, Marjorie attempted to modify the decree. At trial, Marjorie attempted to call as a witness a rabbi with whom she and Stanley had participated in marriage counseling. The rabbi declined to testify because, prior to beginning counseling, he had entered into an agreement with Marjorie and Stanley that their communications would be confidential and that neither would attempt to call him as a witness in a divorce proceeding. The trial court held that the rabbi was not obligated to testify and denied Marjorie’s motion. Marjorie appealed, contending that the confidentiality agreement should be deemed unenforceable because the suppression of evidence was contrary to public policy.
Rule of Law
Issue
Holding and Reasoning (Stone, J.)
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