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Name: Garcia v. Superior Court of Orange County
Case #: S127432
Court: CA Supreme Court
District CalSup
Opinion Date: 08/09/2007

The requisite declaration accompanying a motion for discovery of law enforcement personnel records in a criminal matter, pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531, may be filed under seal if confidential information such as attorney-client or work product information is contained in the declaration.

If the trial court, after an in camera review of the declaration, agrees with the privilege claim, the city attorney is entitled to review of only a redacted portion of the declaration. A protective order is inadequate to protect defendant’s interests, disapproving City of Los Angeles v. Superior Court (2002) 96 Cal.App.4th 255, to the extent that it holds that a supporting declaration may be released to the city attorney under a protective order.