City of Brawley v. Superior Court CA4/1

California Court of Appeal Jul 15, 2014 No. D066145Unpublished

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Holding. The court held that the prosecution is not entitled to receive Pitchess discovery materials unless it independently complies with the statutory motion procedure, and therefore vacated the portion of the trial court's order requiring disclosure to the People.

Issues

Whether the prosecution is entitled to receive Pitchess discovery materials obtained by the defense without filing its own motion.

Disposition. Granted in part and denied in part.

Quotations verified verbatim against the opinion

“We agree with the parties that respondent erred by ordering disclosure of Pitchess materials to the People.”

“the prosecution has no automatic entitlement to defense-initiated Pitchess discovery.”

“peace officer personnel records retain their confidentiality vis-à-vis the prosecution.”

Filed 7/15/14 City of Brawley v. Superior Court CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL - FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

CITY OF BRAWLEY, D066145

Petitioner, (Imperial County Super. Ct. No. JCF32751) v.

THE SUPERIOR COURT OF IMPERIAL COUNTY,

Respondent;

FRANK RODRIGUEZ,

Real Party in Interest.

PROCEEDINGS in mandate after superior court granted motion for pretrial

discovery. Raymundo Ayala Cota, Judge. Petition granted in part and denied in part.

Dennis H. Morita, City Attorney, for Petitioner.

No appearance for Respondent.

Timothy Reilly, Imperial County Public Defender, and Jason Gundel, Deputy

Public Defender, for Real Party in Interest.

Petitioner City of Brawley (the City) challenges an order granting the motion of

real party in interest Frank Rodriguez for discovery of information in the personnel file of

one of its police officers. We grant the petition in part and deny it in part.

City of Brawley v. Superior Court CA4/1

AI Brief

COURT OF APPEAL - FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

CITY OF BRAWLEY, D066145

THE SUPERIOR COURT OF IMPERIAL COUNTY,

FRANK RODRIGUEZ,

FACTUAL AND PROCEDURAL BACKGROUND

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DISCUSSION

DISPOSITION

HUFFMAN, J.

IRION, J.

AI Brief