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Name: City of Los Angeles v. Superior Court (Davenport)
Case #: B153002
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 02/15/2002
Subsequent History: As modified 2/21/02. Petition for write of mandate granted.

The trial court erred in refusing to allow the City Attorney to review the defendant’s sealed affidavit supporting a Pitchess (Pitchess v. Superior Court (1974) 11 Cal.3d 531) motion. The question whether a defendant has shown good cause for the motion should be tested by the adversary process, whenever possible, and here the City Attorney was not the agency prosecuting the defendant.