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Garcia v. Superior Court of Orange County

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eBook details

  • Title: Garcia v. Superior Court of Orange County
  • Author : Colorado Supreme Court
  • Release Date : January 09, 2007
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 80 KB

Description

Jose Antonio Garcia filed a motion for discovery of law enforcement personnel records under Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). In support, he filed a declaration under seal asserting, inter alia, that the declaration contained information protected by the attorney-client and work product privileges. The question here is whether he is permitted to do so, and if so, whether release of the declaration to the police departments 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.


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