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BROWN v. VALVERDE

No. A121575.

183 Cal.App.4th 1531 (2010)

108 Cal. Rptr. 3d 429

ANDREW REYNARD BROWN, Plaintiff and Respondent, v. GEORGE VALVERDE, as Director, etc., Defendant and Appellant.

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

April 23, 2010.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Alicia Fowler, Assistant Attorney General, Miguel A. Neri, Fiel Tigno, David Carrillo and Jennifer G. Perkell, Deputy Attorneys General, for Defendant and Appellant.

Peter Goodman for Plaintiff and Respondent.

OPINION

RICHMAN, J. —

This appeal presents a single issue of law, an issue of first impression: in a Department of Motor Vehicles (DMV) administrative per se hearing, can a driver facing license suspension following arrest for driving under the influence seek discovery of confidential peace officer personnel records pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 [

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