Does the Attorney General have any authority or authority to quash a discovery that was obtained without good cause?

California, United States of America


The following excerpt is from The People v. Mcdonald, G041830, No. M-11541 (Cal. App. 2010):

Although defendant argues his military records "were obtained without good cause or a showing of materiality... [or] notice to [him]," he fails to acknowledge the information was not the result of a subpoena or other civil process but was obtained by a request directed to the military under title 5 United States Code section 552a, subdivision (b)(7). Nor, as the Attorney General argues, does defendant "explain how a third party's voluntary compliance with an attorney's request can constitute a discovery violation, or how the trial court could have 'quashed' something that was not even a subpoena." The absence of reasoned argument or supporting authority in this regard or as to how state discovery rules might control over the federal statute waives the issue. (Badie v. Bank of America (1998) 67 Cal.App.4th 779, 784-785.)

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