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M. B. v. SUPERIOR COURT

No. B160315.

127 Cal.Rptr.2d 454 (2002)

103 Cal.App.4th 1384

M. B. et al. Petitioners, v. SUPERIOR COURT of Los Angeles County, Respondent; The People, Real Party in Interest.

Court of Appeals of California, Second District, Division Three.

December 2, 2002.

Attorney(s) appearing for the Case

Guzin & Steier and Donald H. Steier, Los Angeles, for Petitioners.

No appearance for Respondent.

Steve Cooley, District Attorney, George M. Palmer and Fred Klink, Deputy District Attorneys, for Real Party in Interest.

KLEIN, P.J.

The petition for writ of mandate raises two issues of first impression: whether a California criminal grand jury has the power to issue a subpoena duces tecum; and if it does, whether such a subpoena is defective if it is served without the good cause affidavit required by Code of Civil Procedure sections 1985 and 1987.5.

We conclude California criminal grand juries have the power to issue subpoenas...

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