County of Orange v. Superior Court

In County of Orange v. Superior Court (2000) 79 Cal. App. 4th 759 94 Cal. Rptr. 2d 261, Edith and Feilong Wu filed a defamation action against the Orange County Sheriff's Department after being publicly named suspects in their child's unsolved murder. The Wus swiftly served the sheriff's department with a request for production of essentially all documents relating to the criminal investigation. When the department refused to comply, the Wus moved to compel production. The superior court conducted an in camera review of the file and ordered its production. This court reversed. "We conclude on the record before us that the public interest in solving the child's homicide and bringing the perpetrator(s) to justice out-weighed the Wus' interest in obtaining the discovery sought, at least at the time this matter was considered below." (County of Orange v. Superior Court, supra, 79 Cal. App. 4th at p. 767.) The matter was left open to further judicial review. We noted the trial court could at some later point order disclosure of part or all of the file upon a determination that "the risk to the investigation from releasing confidential information from the investigative file is no longer a compelling concern." (County of Orange v. Superior Court, supra, 79 Cal. App. 4th at pp. 768-769.) Significantly, in County of Orange we declined an in camera review of the investigative file, declaring we had no "need to look at it to understand, for example, that it contains details only the killer(s) would know." (County of Orange v. Superior Court, supra, 79 Cal. App. 4th at p. 763, fn. 2.) Without examining the contents of the file, the Court held the entire file privileged on the ground that the government's interest in protecting the confidentiality of information obtained from a (by then) four-year-old homicide investigation outweighed the interests of civil litigants in gaining discovery helpful to their case.