Lopez vs San Diego Metropolitan Transit System

Case No.: 37-2018-00011347-CU-PA-CTL    

TENTATIVE RULING: Defendant Metropolitan Transit System's Pitchess Motion Requesting Disclosure of Certain San Diego County Sheriff's Department Personnel Records is GRANTED. In 1978, the California Legislature codified the privileges and procedures surrounding what had come to be known as "Pitchess motions" (after decision in Pitchess v. Superior Court (1974) 11 Cal.3d 531) through the enactment of Penal Code sections 832.7 and 832.83 and Evidence Code sections 1043 through 1045.4 The Penal Code provisions define "personnel records" (Pen.Code, § 832.8) and provide that such records are "confidential" and subject to discovery only pursuant to the procedures set forth in the Evidence Code. (Pen.Code, § 832.7.) Evidence Code sections 1043 and 1045 set out the procedures for discovery in detail. As here pertinent, section 1043, subdivision (a) requires a written motion and notice to the governmental agency which has custody of the records sought, and subdivision (b) provides that su........