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GARCIA v. SUPERIOR COURT

No. G032739.

16 Cal.Rptr.3d 603 (2004)

Jose Antonio GARCIA, Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; City of Santa Ana, Real Party in Interest.

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

Review Granted September 22, 2004.

Attorney(s) appearing for the Case

Deborah A. Kwast, Public Defender, Kevin Phillips, Assistant Public Defender and Donald E. Landis, Jr., Deputy Public Defender for Petitioner.

No appearance for Respondent.

Joseph W. Fletcher, City Attorney and Paula J. Coleman, Assistant City Attorney for Real Party in Interest.

OPINION

MOORE, J.

Once again we address the nuances of the discovery tool known as a Pitchess1 motion. (Evid.Code, §§ 1043, 1045.) This particular case presents two issues of first impression. First, may a criminal defendant file a declaration under seal in support of his or her Pitchess motion on the grounds that it contains information protected from disclosure...

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