City and Cty. of San Francisco v. Superior Court

Summary

The City and County of San Francisco (the City) is the defendant in a civil action brought by real party in interest, Richard L. Phillips (Phillips) seeking damages for personal injuries allegedly sustained as the result of the use of excessive force by San Francisco police officers. By petition for writ of mandate, the City challenges an order granting Phillips’s motion to compel production of a case report prepared by the San Francisco Police Department’s Office of Citizen Complaints (OCC). We find that Phillips failed to show compliance with the notice requirements of Evidence Code section 1043, subdivision (a). He also failed to demonstrate good cause for disclosure of the case report within the meaning of section 1043, subdivision (b)(1). Additionally, the court failed to limit use of the records disclosed in violation of section 1045, subdivision (e). We will, therefore, issue our writ.

Background

The underlying complaint arises from an incident in which Phillips alleges he was beaten by San Francisco police officers after a vehicle chase from San Francisco to Berkeley. The complaint seeks damages from the City and unnamed Doe defendants (presumably the…