People v. Municipal Court (Bonner)

In People v. Municipal Court (Bonner) (1980) 104 Cal.App.3d 685 the People were afforded writ review. The defendant, real party in interest, was in an altercation with a police officer and sought numerous records relating to this officer. The People declined to comply with portions of a discovery order relating to records of a certain police officer. Real party in interest moved for sanctions based on the noncompliance with the discovery order, and the municipal court ordered that the testimony of the officer be suppressed at trial. The People filed a petition for writ of mandate in the superior court, and the superior court found the municipal court had not abused its discretion in making the discovery order and imposing sanctions. (Id. at pp. 688-689.) The People appealed as authorized by statute. On appeal, real party in interest claimed that pretrial review of a discovery order by way of a writ of mandate was not available to the People in superior court. The appellate court disagreed because "the People had no adequate remedy by way of appeal from the order that these records be produced" and "noncompliance with the discovery order would not automatically result in dismissal of the criminal prosecution against real party." (People v. Municipal Court (Bonner), supra, 104 Cal.App.3d at p. 693.)