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BLUMBERG v. SUPERIOR COURT

No. B230514.

197 Cal.App.4th 1245 (2011)

PAUL CHRISTIAN BLUMBERG, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; LOS ANGELES COUNTY SHERIFF'S DEPARTMENT AND OFFICER BRAD FOSS, Real Parties in Interest.

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

July 29, 2011.

Attorney(s) appearing for the Case

Janice Y. Fukai , Alternate Public Defender, Felicia Kahn Grant and Steve O.J. Kwon , Deputy Alternate Public Defenders, for Petitioner.

No appearance for Respondent.

Nelson and Fulton, Henry Patrick Nelson and Elise H. Hur for Real Parties in Interest.

OPINION

KUMAR, J.*—

I. INTRODUCTION

The issue presented in this case is as follows: If a defendant obtains a new trial by way of appellate or habeas corpus relief, does the trial court have discretion to order discovery of peace officer records, pursuant to Evidence Code section 1043 and Pitchess v. Superior Court (1974) 11 Cal.3d 531 [

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