City and Cty. of San Francisco v. Superior Court

Gregor D. Guy-Smith, Traun & Waller, Julie Traun and Serra, Perelson, Metcalf & Archuleta for Real Parties in Interest.

Doron Weinberg as Amicus Curiae on behalf of Real Parties in Interest.

OPINION

ELKINGTON, J.

On these proceedings in mandate the single issue concerns the constitutionality of that portion of Evidence Code section 1045, excluding from disclosure to any litigant including one criminally accused: "Information consisting of complaints concerning conduct [of a peace officer] occurring more than five years before the event or transaction which is the subject of the litigation in aid of which discovery or disclosure is sought" (hereafter sometimes the statute; the above italics are ours).

The criminally accused persons of this case, the real parties in interest, were arrested June 21, 1980, in Solano County. The arresting officer had been a member of the San Francisco Police Department from December 1972 through July 1978. Apparently deeming the statute unconstitutional if literally applied, the superior court ordered disclosure of all citizens' complaints in the officer's personnel file relating to use of excessive force, racial/ethnic prejudice, or false arrest,…