California Court of Appeal

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Riske v. Superior Court, 270043

In a suit filed by a retired Los Angeles police officer against the City of Los Angeles alleging the Los Angeles Police Department had retaliated against him for protected whistleblower activity by failing to assign or promote him to several positions, selecting instead less qualified candidates, the trial court's denial of plaintiff's discovery motion, under Evidence Code sections 1043 and 1045 to obtain certain records of the officers selected for the positions to which he had applied, is vacated where: 1) the statutory scheme governing the discovery of peace officer personnel records is not limited to cases involving officers who either witnessed or committed misconduct; and 2) if a plaintiff can demonstrate the officer's personnel records are material to the subject matter of the litigation, the records must be produced by the custodian of records and reviewed by the court at an in camera hearing in accordance with the statutory procedures to assess the discoverability of the information contained in them.

Appellate Information

  • Decided
  • Published 2016/12/12

Judges

  • PERLUSS

Court

  • California Court of Appeal

Counsel

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