CITY OF SANTA CRUZ v. MUNICIPAL COURT

Docket No. S006651.

49 Cal.3d 74 (1989)

776 P.2d 222

260 Cal. Rptr. 520

CITY OF SANTA CRUZ, Petitioner, v. THE MUNICIPAL COURT FOR THE SANTA CRUZ JUDICIAL DISTRICT OF SANTA CRUZ COUNTY, Respondent; HOWARD KENNEDY, Real Party in Interest.

Supreme Court of California.

July 27, 1989.


Attorney(s) appearing for the Case

COUNSEL

Gerald D. Bowden, John G. Barisone and Atchison & Anderson for Petitioner.

William B. Sage, City Attorney (Huntington Beach), John K. Van de Kamp, Attorney General, Steve White, Chief Assistant Attorney General, Joel Carey and Derald Granberg, Deputy Attorneys General, as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Samara C. Marion, Diana L. August and Biggam, Christiansen & Minsloff for Real Party in Interest.


OPINION

KAUFMAN, J.

We granted review in this case to determine whether a showing of "good cause" for discovery of peace officer personnel records, pursuant to Evidence Code section 1043, subdivision (b),1 requires an affidavit based on the affiant's personal knowledge of the averments set forth therein. We hold that personal knowledge is not a requirement under section 1043, subdivision (b).

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