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City of San Jose v. Superior Court (Eti)

Failure to establish good cause for discovery bars release of police personnel records.



Cite as

1998 DJDAR 12815

Published

Feb. 23, 1999

Filing Date

Dec. 10, 1998


MODIFICATION
GOVERNMENT
CIVIL PROCEDURE

Failure to establish good cause for discovery bars release of police personnel records. CITY OF SAN JOSE, Petitioner, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; ETI FAUTAU ETI, Real Party in Interest. No. H018225 (Santa Clara County Super. Ct. No. 199885) California Court of Appeal Sixth Appellate District Filed December 11, 1998
ORDER MODIFYING OPINION
THE COURT:
        It is ordered that the opinion filed herein on November 16, 1998, be modified in the following particulars:

        1.* On page 14, line 6 of the third paragraph, the word "not" is to be inserted between the words "did" and "specify" so that the sentence reads:

        Defendant did not specify which particular statement or statements in the police report or in the officers' testimony contained material misrepresentations, nor did he explain in what respect the statements were incorrect.
        This modification does not effect a change in the judgment.

Bamattre-Manoukian, J.

WE CONCUR:
        Cottle, P.J.
        MIHARA, J.



* See Daily Appellate Report of November 18, 1998, page 11736.

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