City of Santa Cruz v. Municipal Court

776 P.2d 222, 49 Cal. 3d 74, 260 Cal. Rptr. 520, 1989 Cal. LEXIS 1536
CourtCalifornia Supreme Court
DecidedJuly 27, 1989
DocketS006651
StatusPublished
Cited by217 cases

This text of 776 P.2d 222 (City of Santa Cruz v. Municipal Court) is published on Counsel Stack Legal Research, covering California Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Santa Cruz v. Municipal Court, 776 P.2d 222, 49 Cal. 3d 74, 260 Cal. Rptr. 520, 1989 Cal. LEXIS 1536 (Cal. 1989).

Opinions

Opinion

KAUFMAN, J.

We granted review in this case to determine whether a showing of “good cause” for discovery of peace officer personnel records, pursuant to Evidence Code section 1043, subdivision (b),1 requires an affidavit based on the affiant’s personal knowledge of the averments set forth therein. We hold that personal knowledge is not a requirement under section 1043, subdivision (b).

Factual and Procedural Background

On the evening of December 2, 1987, real party in interest (hereafter defendant) Howard Kennedy was arrested and charged with resisting arrest (Pen. Code, § 148) and exhibiting a knife (Pen. Code, § 417). Defendant [79]*79subsequently filed a motion for discovery of all prior complaints of excessive force or violence involving the two arresting officers, Harris and Dickson. The motion was based on the police reports of the incident and a declaration of defendant’s attorney.

Officer Harris’s report stated in substance as follows; On the evening in question, he and Officer Dickson responded to a report of an individual brandishing a knife. The alleged victim of the assault identified defendant as the assailant. The officers ordered defendant to place his hands on a fence, step back and spread his legs. Defendant placed his hands on the fence but refused to step back. When Officer Dickson began a patdown search, defendant became agitated and removed his hands from the fence. Officer Dickson then pushed defendant against the fence and ordered him to leave his hands there. When defendant again removed his hands, both officers grabbed him by the wrists and ordered him not to resist. As soon as they released him, however, defendant turned as if to walk away, whereupon both officers again attempted to grab his arms. Defendant then swung his fist at Officer Harris but missed. In response, Officer Harris struck defendant with, in his own words, a “closed left fist in the side of his face causing him to lose balance.” Officer Dickson then wrestled defendant to the ground, Officer Harris joined in, and the three “wrestled around” until Officer Harris was able to place handcuffs on defendant. A supplemental police report filed by the backup officer states that both the alleged victim and his friend, referred to in the police report as “independent witnesses,” were of the opinion that the officers “used the correct amount of force necessary. . . .”

The declaration of defendant’s attorney in support of the motion stated, in pertinent part, as follows: “The requested documents and records are relevant to a defense of the charges. . . . []¡] I am informed and believe based upon information contained in the police report as well as from [defendant], that Officers Harris and Dickson . . . used excessive, unreasonable and unnecessary force to arrest [defendant] and that said excessive force was beyond the scope of the duties of said arresting officers so as to make said arrest illegal and otherwise improper, [fl] A material and substantial issue in the trial of this matter will be the character, habits, customs and credibility of the officers. [If] I am informed and believe, and thereon allege that Officers Dickson and Harris grabbed [defendant] and handcuffed him. Officers Dickson and Harris then grabbed [defendant] by the hair and threw him down to the ground. One officer then stepped on [defendant’s] head, while the other twisted his arm behind his back.”

Counsel’s declaration continued: “I believe that other complaints of use of excessive force by the officer[s] may have been filed by members of the [80]*80public resulting in investigation and related reports to which the prosecution has sole access; that such complaints would tend to show or will lead to evidence which will show a tendency or propensity on the part of the arresting officer[s] herein to engage in the use of unlawful and excessive force in the execution of arrests.” The declaration further alleged on information and belief that the records sought were within the possession, custody or control of the City of Santa Cruz Police Department (City).

At the hearing on the motion, the municipal court judge ruled that defendant had made a sufficient showing of good cause to justify an in camera hearing, pursuant to the provisions of sections 1043, subdivision (b) and 1045, subdivision (b), to determine whether the materials sought were relevant to the pending litigation. The court further ruled that any disclosure would be limited to the name, address and phone number of any prior complainants and witnesses and the date of any prior incidents. The court explicitly declined to disclose any documents, records or copies of reports, as well as any information relating to disciplinary proceedings or investigations of the police department.2

In so ruling, the court expressly rejected the City’s contention that counsel’s declaration in support of the motion was inherently inadequate because the allegations were based on “information and belief.” While acknowledging that City of Santa Cruz v. Superior Court (1987) 190 Cal.App.3d 1669 [236 Cal.Rptr. 155] supported the City’s position, the court held that the better rule and the overwhelming weight of authority, including two cases decided after City of Santa Cruz, i.e., Larry E. v. Superior Court (1987) 194 Cal.App.3d 25 [239 Cal.Rptr. 264] and Jalilie v. Superior Court (1987) 195 Cal.App.3d 487 [240 Cal.Rptr. 662], held that allegations on information and belief may establish good cause for discovery under section 1043, subdivision (b). In any event, the court observed that ignoring counsel’s declaration, the “police reports, standing on their own, are satisfactory justification for the motion in this case.”

The City thereupon petitioned the superior court for a writ of mandate to compel the municipal court to vacate its order. The superior court denied [81]*81the petition. The City then petitioned the Court of Appeal. The latter, after soliciting and receiving opposition, issued a peremptory writ in the first instance directing the municipal court to vacate its original order and to enter a new and different order denying the motion. In so ruling, the Court of Appeal reaffirmed its earlier holding in City of Santa Cruz v. Superior Court, supra, 190 Cal.App.3d 1669, that averments in an affidavit on information and belief cannot satisfy the good cause requirements of section 1043, subdivision (b).

We granted review to resolve a widening conflict among the Courts of Appeal over an issue of ongoing statewide importance. We now reverse the judgment of the Court of Appeal.

Discussion

A. The Statutory Background

Notwithstanding contrary decisions in one Court of Appeal and the views of the dissenters here, we find the statutory scheme clear, the statutory language quite plain and the legislative intent manifest.

In 1978, the California Legislature codified the privileges and procedures surrounding what had come to be known as “Pitchess motions” (after our decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531 [113 Cal.Rptr. 897, 522 P.2d 305]) through the enactment of Penal Code sections 832.7 and 832.83 and Evidence Code sections 1043 through 1045.4 The Penal Code [82]

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Cite This Page — Counsel Stack

Bluebook (online)
776 P.2d 222, 49 Cal. 3d 74, 260 Cal. Rptr. 520, 1989 Cal. LEXIS 1536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-santa-cruz-v-municipal-court-cal-1989.