LORENZA P. v. Superior Court

Lorenza P. is charged with the murder of her five-month-old daughter. As part of her defense, various subpoenas duces tecum were issued, including one to the custodian of records for the Child Protective Services Division of the County of San Diego (CPS). At a hearing on the matter CPS appeared with the requested records and filed form written objections to their release on the basis of privilege. The trial court, believing it did not have the authority to act until instructed by this court to do so refused to review the subpoenaed records or to direct that they be turned over to the court clerk or copied for the defense or prosecution. Petitioner then asked the trial court to review in camera a confidential declaration setting out the factual circumstances which created the need for the CPS documents. The court declined to do so instead sealing the record and suggesting that a petition for writ review be filed. There was no ruling on any issue with respect to the subpoena.

The subpoena duces tecum seeks the records of Sharai P., the victim, Carlos, her brother, and Lorenza, the accused. Sharai and Carlos are juveniles and thus their records come under Welfare and…