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AVELAR v. SUPERIOR COURT

Docket No. E010267.

7 Cal.App.4th 1270 (1992)

9 Cal. Rptr.2d 536

JAIME AVELAR, Petitioner, v. THE SUPERIOR COURT OF SAN BERNARDINO COUNTY, Respondent; THE PEOPLE et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division Two.

July 2, 1992.

Attorney(s) appearing for the Case

COUNSEL

David L. McKenna, Public Defender, and David Negus, Chief Deputy Public Defender, for Petitioner.

No appearance for Respondent.

Dennis Kottmeir, District Attorney, Joseph A. Burns, Deputy District Attorney, Filarsky & Watt and Steve A. Filarsky, for Real Parties in Interest.

OPINION

DABNEY, Acting P.J.

In this original proceeding we are asked to determine whether the Ontario Police Department, and its representative as custodian of the Department's records, may exercise a peremptory challenge under Code of Civil Procedure section 170.6 to disqualify a judge assigned to hear a defendant's motion for disclosure of a peace officer's personal or otherwise confidential...

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