Zumwalt

In July of 1976, the San Diego County Grand Jury concluded an investigation into organized crime in that county. No indictments or accusations were returned.

On July. 8, 1976, the Presiding Judge of the Superior Court for San Diego County ordered the transcript of the grand jury proceedings sealed for a period of five years and then destroyed.

On October 6, 1981, a date after the expiration of the five-year period, defendants in a libel action being tried in the Superior Court for Los Angeles County caused a subpena duces tecum to be served on the County Clerk of San Diego County demanding that he produce the sealed transcript of the grand jury proceedings of 1976. When the county clerk refused to produce the material, which for some reason had not been destroyed, the Superior Court for the County of Los Angeles issued an order to show cause re contempt.

Following a hearing on the order to show cause, the Superior Court for the County of Los Angeles ordered the County Clerk of San *815 Diego County to produce the material for examination by the Superior Court for Los Angeles County, an order which directly conflicted with and attempts to vacate a final order of another…