City of Los Angeles v. Superior Court

Petitioner, the Los Angeles Police Department, represented by the Los Angeles City Attorney’s Office, seeks a writ of mandate directing the trial court to vacate its order granting a Pitchess motion brought by real party in interest, Clinton Davenport. The city attorney requests that the trial court be directed to enter an order denying the Pitchess motion or to enter an order allowing the city attorney to review the sealed affidavit submitted in support of that motion.

We conclude the trial court erred in refusing to allow the city attorney to review the affidavit filed in support of Davenport’s motion. Although a criminal defendant’s right to confidentiality must be protected, in proceedings held pursuant to Evidence Code section 1043 the question whether the defendant has shown good cause should be, whenever possible, tested by the adversary process. In the present matter, the city attorney’s office is not the prosecuting agency. Under these circumstances, Davenport’s rights will be protected and the city attorney’s right to contest the affidavit submitted in support of Davenport’s Pitchess motion will be accommodated by allowing the city attorney to review the…