City of San Diego v. Superior Court

Petitioner seeks writ of prohibition to prevent the superior court from compelling two defendant police officers to answer certain questions on depositions concerning whether they have received reprimands in connection with their police work involving any shootings or otherwise. The officers contend the information is privileged under Penal Code sections 832.7 and 832.8, and is immune from discovery except by means of an in camera procedure as authorized by Evidence Code sections 1043, 1045. Because the trial court has ordered disclosure of information we find is privileged, the issuance of a prerogative writ is appropriate (Sav-On Drugs, Inc. v. Superior Court (1975) 15 Cal.3d 1 [ 123 Cal.Rptr. 283 , 538 P.2d 739 ]).

This is a wrongful death action arising out of a police killing of real parties’ decedent during his arrest. Plaintiffs first requested discovery of the personnel records of the arresting officer and his partner. Penal Code sections 832.7 and 832.8 say personnel records and complaints about police officers are privileged against discovery except by means of a proceeding under Evidence Code sections 1043, 1045. Evidence Code section 1043 says when discovery…