Cadena

Cadena v. Superior Court of Los Angeles County

Good Law
146 Cal. Rptr. 390·1978 Cal. App. LEXIS 1376·79 Cal. App. 3d 212
Court of Appeal of CaliforniaJanuary 24, 1978Civ. 52451California3,288 words

Opinion

Opinion

Potter, J.

Petitioner, Raymond A. Cadena, seeks a writ of mandate to compel respondent Superior Court of Los Angeles County to grant discovery as requested of certain records of law enforcement agencies. Petitioner is charged by information with assault with a deadly weapon (Pen. Code, § 245, subd. (b)) on a peace officer, Leonard Kolb, on February 20, 1977.

According to prosecution testimony at the preliminary hearing and the police arrest report, at around 12:30 a.m., Kolb, several other Montebello Police Department officers, and sheriff’s deputies went to the home of Ernie Acosta at 210% Maiden Lane, Montebello, in response to a call for assistance from other Montebello officers who were already at that location as the result of complaints of a loud party disturbing the peace (Pen. Code, § 415). When the additional officers arrived, numerous people were fighting at the scene. As Kolb and others approached the front door of the residence, which was to the rear of another residence, the people at the party threw rocks and bottles, fought with police and yelled obscenities. Petitioner, who was standing in the doorway area of the house, threw a rock which struck Kolb on the face.…

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