City of Azusa v. Superior Court

In this mandamus proceeding, the City of Asuza and two of its police officers challenge an order requiring the city to deliver to real parties a complete copy of the city’s files on citizen complaints against the two officers.

This order was entered in a tort and civil rights action against the city and the two officers. The complaint alleges that the officers arrested the three plaintiffs without probable cause and employed unreasonable and injurious force to make the arrests, and that the city improperly trained and supervised the officers.

Plaintiffs requested the personnel files of the two officers, seeking records of training and job performance, including complaints of misconduct and resulting investigations and discipline imposed. After examining these records in chambers, as required by Evidence Code section 1045, subdivision (b), the trial court ordered that they be produced in their entirety.

This petition followed. The documents in question were lodged with this court under seal. On March 31, 1987, we temporarily stayed enforcement of the trial court’s order.

The conditional privilege for official information (Evid. Code, § 1040) applies in this case, along…