PEOPLE v. SUPERIOR COURT OF SAN FRANCISCO COUNTY

No. S221296.

61 Cal.4th 696 (2015)

189 Cal. Rptr. 3d 534

351 P.3d 1023

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF SAN FRANCISCO COUNTY, Respondent; DARYL LEE JOHNSON, Real Party in Interest. CITY AND COUNTY OF SAN FRANCISCO ex rel. CITY AND COUNTY OF SAN FRANCISCO POLICE DEPARTMENT, Petitioner, v. THE SUPERIOR COURT OF SAN FRANCISCO COUNTY, Respondent; THE PEOPLE et al., Real Parties in Interest.

Supreme Court of California.

July 6, 2015.


Attorney(s) appearing for the Case

George Gascon , District Attorney, Jerry P. Coleman , Laura L. vanMunching , James R. Thompson and Allison G. MacBeth , Assistant District Attorneys, for Petitioner the People and for Real Party in Interest the People.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Laurence K. Sullivan and Seth K. Schalit , Deputy Attorneys General, for California Attorney General as Amicus Curiae on behalf of Petitioner and Real Parties in Interest the People.

Gregory D. Totten , District Attorney (Ventura) and Michael D. Schwartz , Assistant District Attorney, as Amici Curiae on behalf of Petitioner the People and Real Party in Interest the People.

Rains Lucia Stern, Michael L. Rains and Zachary A. Lopes for Peace Officers' Research Association of California, The PORAC Legal Defense Fund and The San Francisco Police Officers' Association as Amici Curiae on behalf of Petitioner the People and Real Party in Interest the People.

Nancy E. O'Malley , District Attorney (Alameda), Michael O'Connor , Assistant District Attorney, and Jeff Rubin , Deputy District Attorney, for Appellate Committee of the California District Attorneys Association as Amicus Curiae on behalf of Petitioner the People and Real Party in Interest the People.

Bonnie M. Dumanis , District Attorney (San Diego), Laura Tanney and Linh Lam , Deputy District Attorneys, for San Diego District Attorney as Amicus Curiae on behalf of Petitioner the People and Real Party in Interest the People.

Laura Tanney and Linh Lam , Deputy District Attorneys (San Diego), Jeff H. Rubin , Deputy District Attorney (Santa Clara) and Mark Zahner for California District Attorneys Association as Amicus Curiae on behalf of Petitioner the People and Real Party in Interest the People.

Jeffrey F. Rosen , District Attorney (Santa Clara) and David A. Angel , Assistant District Attorney, as Amici Curiae on behalf of Petitioner the People and Real Party in Interest the People.

Dennis J. Herrera , City Attorney, Jeremy M. Goldman and Christine Van Aken , Deputy City Attorneys, for Petitioner City and County of San Francisco.

Green Shinee, Richard A. Shinee and Elizabeth J. Gibbons for Association of Los Angeles Deputy Sheriffs as Amicus Curiae on behalf of Petitioner City and County of San Francisco.

Nina D. Sariaslani for Petitioner City and County of San Francisco Police Department.

Sedgwick and Michael L. Fox for Respondent.

Jeff Adachi , Public Defender, Matt Gonzalez , Chief Attorney, and Christopher Gauger , Deputy Public Defender, for Real Party in Interest Daryl Lee Johnson.

Molly O'Neal , Public Defender (Santa Clara), and Andy Gutierrez , Deputy Public Defender, as Amici Curiae.

Manning Kass, Ellrod, Ramirez, Trester, Eugene P. Ramirez , Tony M. Sain and Scott Wm. Davenport for City of Azusa and City of South Gate as Amici Curiae.


OPINION

In City of Los Angeles v. Superior Court (2002) 29 Cal.4th 1 [124 Cal.Rptr.2d 202, 52 P.3d 129] (City of Los Angeles),1 we considered the interplay...

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