City of San Jose v. Superior Court

The City of San Jose (the City) petitions this court for a writ of mandate or, in the alternative, a writ of prohibition directing respondent, the Santa Clara County Superior Court (the trial court), to vacate its order granting the motion for discovery of personnel records of certain officers of the San Jose Police Department filed by real party in interest Eti Fautau Eti (defendant) and to issue a new order denying defendant’s discovery motion.

The City contends the trial court abused its discretion by ordering the release of the peace officers’ personnel records. We conclude that the trial court erred by releasing the records because defendant failed to make a showing of “good cause for the discovery or disclosure sought” (Evid. Code, § 1043, subd. (b)(3)) in that he failed to provide a “specific factual scenario” establishing a “plausible factual foundation” for his allegations of police misconduct. (City of Santa Cruz v. Municipal Court (1989) 49 Cal.3d 74, 85-86 [ 260 Cal.Rptr. 520 , 776 P.2d 222 ].) We will therefore issue a writ of mandate commanding the trial court to vacate its order releasing the peace officers’ personnel records and to issue a new order…