Jalilie v. Superior Court

Opinion

KING, J.

In this case we hold that a declaration of defendant's counsel submitted on information and belief, if it demonstrates that information from a police officer’s personnel records will facilitate the ascertainment of facts and a fair trial, is sufficient to support a discovery motion under Evidence Code section 1043.

Petitioner Fuad Jalilie is currently charged with two felony offenses in respondent superior court. Under Evidence Code section 1043 and Pitchess v. Superior Court (1974) 11 Cal.3d 531 [113 Cal.Rptr. 897, 522 P.2d 305], Jalilie filed a motion to discover the…