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CITY AND CTY. OF SAN FRANCISCO v. SUPERIOR COURT

Docket No. 51855.

125 Cal.App.3d 879 (1981)

178 Cal. Rptr. 435

CITY AND COUNTY OF SAN FRANCISCO, Petitioner, v. THE SUPERIOR COURT OF SOLANO COUNTY, Respondent; GARY A. LEMAS et al., Real Parties in Interest.

Court of Appeals of California, First District, Division One.

November 23, 1981.

Attorney(s) appearing for the Case

COUNSEL

George Agnost, City Attorney, Burk Delventhal and Michael J. Seybold, Deputy City Attorneys, for Petitioner.

No appearance for Respondent.

Gregor D. Guy-Smith, Traun & Waller, Julie Traun and Serra, Perelson, Metcalf & Archuleta for Real Parties in Interest.

Doron Weinberg as Amicus Curiae on behalf of Real Parties in Interest.

OPINION

ELKINGTON, J.

On these proceedings in mandate the single issue concerns the constitutionality of that portion of Evidence Code section 1045, excluding from disclosure to any litigant including one criminally accused: "Information consisting of complaints concerning conduct [of a peace officer] occurring more than five years before the event or transaction which is the subject of the litigation in aid of which...

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