People v. Superior Court (Keuffel & Esser Co.)

The issue in this original proceeding is whether a corporate defendant in a criminal case may be compelled to produce corporate records and information derived therefrom in response to a prosecution discovery request. In this case, the municipal court granted the People’s request for discovery and defendant Keuffel & Esser Company thereafter petitioned for a writ of prohibition in the superior court. Citing People v. Collie (1981) 30 Cal.3d 43 [ 177 Cal.Rptr. 458 , 634 P.2d 534 , 23 A.L.R.4th 776 ], the superior court granted the petition, and the People sought relief in this court.

We hold that the restraints placed upon prosecutorial discovery in Collie are inapplicable in this case, and that the People are entitled to the discovery granted by the municipal court.

Defendant is charged in a misdemeanor complaint with discharging excess amounts of zinc into the sewers of the County of Los Angeles, in violation of the county’s wastewater ordinance. Shortly after the complaint was filed, the People filed a discovery motion seeking corporate records and other information relating to defendant’s manufacturing process and methods of disposing of chemical waste materials…