Garcia

*68 Opinion

Jose Antonio Garcia filed a motion for discovery of law enforcement personnel records under Pitchess v. Superior Court (1974) 11 Cal.3d 531 [ 113 Cal.Rptr. 897 , 522 R2d 305] (Pitchess). In support, he filed a declaration under seal asserting, inter alia, that the declaration contained information protected by the attorney-client 1 and work product privileges. 2 The question here is whether he is permitted to do so, and if so, whether release of the declaration to the police department’s attorney, subject to a protective order, provides a sufficient safeguard. We conclude that the trial court may permit a defendant to file a Pitchess declaration under seal if the court determines that such a filing is necessary. A declaration filed under seal must be redacted before being served on the city attorney. We therefore affirm the judgment of the Court of Appeal.

I. Factual and Procedural Background

Garcia was involved in an altercation with officers while being booked in the Santa Ana City jail. He ultimately brought the Pitchess motion at issue here, accompanied by a “Sealed Declaration of Defense Counsel.” He served the City of Santa Ana (City) with a redacted copy of…