Galindo

OPINION Petitioner Moises Galindo seeks a writ of mandate compelling respondent Los Angeles Superior Court to order Pitchess discovery from real parties in interest, the City' of Los Angeles and the Los Angeles Police Department. (See Pitchess v. Superior Court (1974) 11 Cal.3d 531 [ 113 Cal.Rptr. 897 , 522 P.2d 305 ]; Evid. Code, § 1043 et seq.) Petitioner intends to use the discovery during his preliminary hearing on a charge of resisting an executive officer and making criminal threats. (Pen. Code, §§ 69 , 422 .) Because we conclude a defendant may not seek Pitchess discovery for use in a preliminary hearing, we deny the writ. FACTS AND PROCEEDINGS According to an arrest report filed by Los Angeles Police Officers S. Flores and J. Smith, the officers were on foot patrol in the early evening of February *Page 1334 29, 2008, when they saw petitioner Moises Galindo drinking from a can of beer while in public. When petitioner noticed the officers, he walked away from them, holding his front waistband as if he were trying to conceal a handgun. The officers ordered him to stop, but he fled into a nearby apartment. The officers surrounded the apartment and requested that their…