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REZEK v. SUPERIOR COURT

No. G044915.

206 Cal.App.4th 633 (2012)

141 Cal. Rptr. 3d 891

EDWARD REZEK, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; THE PEOPLE et al., Real Parties in Interest.

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

May 25, 2012.

Attorney(s) appearing for the Case

The Beck Law Firm and Thomas E. Beck for Petitioner.

No appearance for Respondent.

No appearance for Real Party in Interest The People of the State of California.

Woodruff, Spradlin & Smart, Caroline A. Byrne and M. Lois Bobak for Real Party in Interest City of Tustin.

OPINION

MOORE, J.—

Are statements of witnesses to the crime with which the defendant is charged immune from discovery because the statements were obtained as the result of an internal affairs investigation and placed in an officer's personnel file? No. A defendant may obtain the statements on a showing of good cause made in a motion brought pursuant to and not precluded under Evidence Code sections 1043 and 1045. We direct the trial court...

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