Slayton

This is a petition for writ of mandate by Elena C. Slayton, who is party to a marital dissolution action in the trial court. Petitioner filed a Pitchess motion seeking discovery of personnel records of her husband, Michael Slayton, a former sheriff’s deputy in the Sutter County Sheriff’s Department. The trial court declined to conduct an in camera review of the records and precluded discovery except insofar as petitioner sought certain financial information, including Michael’s salary and benefits. Petitioner challenges the trial court’s decision. We conclude petitioner made a sufficient showing to require the court to conduct an in camera review of Michael’s personnel records. Our intervention by writ is warranted because denial of discovery could prevent petitioner from having a fair opportunity to litigate her case. (See Johnson v. Superior Court (2000) 80 Cal.App.4th 1050, 1061 [ 95 Cal.Rptr.2d 864 ]; Waicis v. Superior Court (1990) 226 Cal.App.3d 283, 286-287 [ 276 Cal.Rptr. 45 ].) Accordingly, we shall issue a writ of mandate directing the trial court to conduct an in camera review of Michael’s personnel records.

Procedural and Factual Summary

Petitioner and…