People v. Oppel

In People v. Oppel (1990) 222 Cal. App. 3d 1146, the court held that an "affidavit of an attorney for a party, made on information and belief, cannot, as a matter of law, be construed to be evidence, and thus, such an affidavit made on information and belief cannot constitute the requisite factual foundation for the prima facie showing mandated on the issue of disclosure of a confidential informant's identity under Evidence Code section 1042 subdivision (d)." (222 Cal. App. 3d at p. 1153, )