Little

pro tem. —This is a proceeding to review an order of the respondent court adjudging the defendant, petitioner here, in contempt of court for allegedly disobeying an order made in action number WE D 9070 entitled Little v. Little.

In January 1966 plaintiff commenced an action against her husband, the defendant, for a divorce and for the custody of the minor child of the parties. By his cross-complaint filed in October 1966, petitioner sought among other things to obtain custody of the minor child.

In November 1966 plaintiff noticed the deposition of one Morton Shane, M.D., a psychoanalyst, and one Dolores Hoffman, a psychotherapist, both of whom defendant had consulted in their professional capacities. On petitioner’s motion for a protective order with respect to these depositions, the court held, in January 1967, that petitioner by his pleadings had placed in issue his fitness to have the custody of the child, and that the testimony of the two witnesses sought to be examined by plaintiff was not privileged under section 1881, subdivision 4, of the Code of Civil Procedure. Following this order the depositions of Shane and Hoffman were renoticed. On the taking of his deposition…