City of Santa Cruz v. Municipal Court

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…