County of Los Angeles v. Superior Court

In this personal injury action, the superior court granted real party’s request, pursuant to Code of Civil Procedure, section 2031, to compel production of the entire personnel file of a deputy sheriff. The deputy’s employer, the County of Los Angeles (the County), filed a petition for writ of mandate which we summarily denied on September 21, 1989. Thereafter, the Supreme Court granted the County’s petition for review and transferred the case to this court with instructions to issue an alternative writ.

We hold that because real party did not utilize the appropriate Evidence Code procedures for discovery of peace officer personnel records, the respondent court should have denied the motion to compel. The petition is therefore granted.

Facts

While in the course and scope of his employment as a Deputy Sheriff, Gary Ferguson was involved in an automobile accident with real party Mary Lou Uhley. Ferguson sued Uhley for personal injury damages, and Uhley cross-complained against the County for “property damage and loss of use.”

On March 29, 1989, Uhley propounded to the County a request for production of documents (Code Civ. Proc., § 2031) seeking (1) portions of the Los…