However, the Court is unpersuaded as the statutory provision does not require the moving party to identify the particular records being sought; rather, it is enough that the moving party describes the records by type. Therefore, Defendant has complied with the meet and confer requirement. (Evid. Case Number: *******6652 Hearing Date: April 22, 2022 Dept: 31. As to whether a declarant states a reasonable belief that the government agency has possession of the type of records being sought, it is enough that his or her belief be premised upon a rational inference from known or reasonably assumed facts., Upon the courts determination that a movant has presented good cause for his. Thank you @kcalnews for your assistance with this case. ), The statutory good faith requirement is thus a two-pronged inquiry: (1) is the information being sought material to the proceeding; and (2) does the declarant state his reasonable belief that the agency has the type of information being sought. Copyright 2023 This information is directly relevant to Plaintiffs causes of action against Defendant City and Defendant Camacho, where Plaintiff intends to hold Defendant City liable for Defendant Camachos acts on the ground of Defendant Citys knowledge and failure to adequately supervise, train, or reprimand Defendant Camacho. B.). Read about the history of Lighting Design, a family-owned and operated business that paved the way for the lighting industry in Utah. ), Upon the courts determination that a movant has presented good cause for his Pitchess motion, the Court shall conduct an in-camera review of the evidence pursued by said motion, accompanied only by the person authorized to claim privilege on behalf of the government. ), The Court ORDERS that any and all discoverable information eventually produced as a result of Plaintiffs Pitchess motion shall be subject to a protective order. Irwindale has two police chiefs now, but city leaders wont 4-5.) (b)(2).) (i) Requests for Records and Information, Category Nos. # # # # Media Contact Sergeant Diego Cornejo , Public Information Officer Phone ( 626 ) 430 - 2244 Defendant requests that Plaintiff be ordered to provide a further response to interrogatory 12.2. Second, Defendant Camacho argues Plaintiff has failed to serve the government agency in possession of the subject records, here, the City of Irwindale, as required by Evidence Code section 1043, subdivision (a). KTLA 8, 9, and 10. On a motion to compel, the responding party has the burden of establishing a valid objection, including any claim of privilege. Such information clearly may lead to discovery of admissible evidence which Plaintiff may employ in order to prove her causes of action against Defendant City and Defendant Camacho. The Court ORDERS that any and all discoverable information eventually produced as a result of Plaintiffs. However, sanctions are not mandatory if the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (, Mamikonyan Decl. In chambers examination of the documents requested is continued to August 8, 2022. Nor does the statute require the declarants personal knowledge. (Id. Staff Directory Irwindale, CA CivicEngage (a). Rules of Court, Rule 3.1345 requires that all motions or responses involving further discovery contain a separate statement with the text of each request, the response, and a statement of factual and legal reasons for compelling further responses. A. Pitchess Motion For Discovery of Police Officer Records, Official police records are subject to a privilege against disclosure that is held by both the officer and the department. ), A demanding partys motion for an order compelling a further response must set forth the facts showing good cause justifying the discovery sought by the demand. (Code Civ. (See Proof of Service, filed April 1, 2022.). Plaintiffs Pitchess Motion for Discovery of Police Records is DENIED, with respect to the five categories of information and objects sought from Defendant Camacho only. Before the Court, are two motions filed by Plaintiff: (A) Plaintiffs Pitchess Motion for Discovery of Police Officer Records, and (B) Plaintiffs Motion to Compel Further Responses to Request for Production of Documents, Set One from Defendant Mario Camacho. Homeowners along Little Willow Creek in Sandy are gearing up for floodwaters with sandbags, but one resident is taking it a step further to protect his home. Defendant Camacho submitted the Declaration of Artak Mamikony attesting to the defense counsels efforts to meet and confer with Plaintiff. 86. (Coy v. Superior Court (1962) 58 Cal.2d 210, 220; see, San Diego Professional Ass'n v. Superior Court of San Diego County, Sanctions are mandatory in connection with motions to compel responses to interrogatories and requests for production of documents against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel. (Mot., at pp. (Min. 13.8 hours were spent preparing this motion and anticipates spending an additional 1.0 hour reviewing the opposition and 6.0 hours preparing a reply. WebIrwindale Police Department - Irwindale, California. Accordingly, although Defendants argue such categories of information are overbroad, the Court is unpersuaded, and finds that Plaintiff has demonstrated the categories of information sought within Category Nos. In conjunction with the Courts finding above, the Court makes the following observation. However, Defendant City does not contend it did not receive notice of Plaintiffs Motion and, indeed, has filed an opposition to the same. Or. Code, 1043, subd. The statute does not require the declarant to identify the particular records being sought, as it is enough that the declarant describes them by type. Defendant Camacho proceeded to force Plaintiff to kiss him and place her hand on his erect penis. . Plaintiff additionally alleges Defendant City ratified Defendant Camachos conduct by failing to adequately investigate, discharge, or discipline Defendant Camacho, after knowing Defendant Camacho had previously sexually harassed a female co-worker prior to the events relevant to Plaintiffs Complaint. It is permissible that a movant submits a declaration based on information and belief. (City of Santa Cruz, supra, 49 Cal.3d at pp. Irwindale 6.) Police Following a review of the parties moving, opposing, and reply arguments, as well as the relevant requirements codified within governing statutory scheme, the Court finds Plaintiff has established good cause to warrant the production of the remaining categories of documents from Defendant City for an in-camera review by this Court. 1-4 and 8-11. Defendant Camacho proceeded to make comments about Plaintiffs breasts, groin, butt, and legs, and informed Plaintiff he wanted to see more of her. (Id. They attempted a traffic stop, but the vehicle failed to yield and continued on, initiating a slow-speed pursuit that ultimately ended near Peck Road and Wyland Way in Monrovia. Based on the foregoing, Plaintiffs Pitchess Motion for Discovery of Police Records is GRANTED, with respect to the following categories of information sought from Defendant CityCategory Nos. The extended incident began Wednesday at 6:37 a.m., when law enforcement received a report of a suspect holding two ambulance members at gunpoint on the 600 block of Live Oak Avenue in Irwindale, according to Irwindale PD.. C, D, E, F, H and J.) Following Plaintiffs filing of the present Motion, and pursuant to the parties meet and confer efforts, Defendant served two sets of supplemental responses to Request Nos. The officers were forced to physically detain the suspect, during which an electro-muscular disruption technology (EMDT) device was successfully deployed. 01 May 2023 14:15:01 Request for Dismissal - REQUEST FOR DISMISSAL - NOT ENTERED 10/07/2022, Motion for Discovery of Peace Officer Personnel Records (Pitchess Motion), Declaration - DECLARATION OF ANTHONY M. DEMARCO IN SUPPORT OF PLAINTIFF JANE DOE CMA'S PITCHESS MOTION FOR DISCOVERY OF POLICE OFFICER RECORDS, Opposition - OPPOSITION TO PLAINTIFFS MOTION AND PITCHESS MOTION FOR DISCOVERY OF POLICE OFFICER RECORDS; MEMORANDUM OF POINTS AND AUTHORITIES, Opposition - OPPOSITION TO PLAINTIFFS MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, Declaration - DECLARATION OF JOHN EKIMYAN, Opposition - OPPOSITION TO PLAINTIFFS NOTICE OF MOTION AND PITCHESS MOTION FOR DISCOVERY OF POLICE OFFICER RECORDS, Reply - REPLY IN SUPPORT OF PLAINTIFF'S PITCHESS MOTION FOR DISCOVERY OF POLICE OFFICER RECORDS, Declaration - DECLARATION OF ANTHONY M. DEMARCO IN SUPPORT OF PLAINTIFF'S REPLY OF PITCHESS MOTION FOR DISCOVERY OF POLICE OFFICER RECORDS, Reply - REPLY PLAINTIFF JANE DOE C.M.A. (CCP 2030.290(c), 2030.300(d), 2031.300(c), 2031.310(h).) by inspecting, copying, testing, or sampling documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of any other party to the action. (Code Civ. Defendant Camacho instructed Plaintiff to follow him in her vehicle and proceeded to lure Plaintiff to a deserted gravel lot. Spring run-off/swift-water was not a factor.. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. Take this quiz before you apply to see if it will help you meet your goals. (Davis v. City of Sacramento (1994) 24 Cal.App.4th 393, 401. (e) [The court shall, in any case or proceeding permitting the disclosure or discovery of any peace or custodial officer records requested pursuant to Section 1043 , order that the records disclosed or discovered may not be used for any purpose other than a court proceeding pursuant to applicable law.].). Following his arrest, further investigation revealed his alleged connection to several shootings on the 210 freeway. Irwindale Irwindale Police Department Code, 1043, subd. The Judge overseeing this case is YOLANDA OROZCO. On February 4, 2022, Defendant Camacho served responses to Plaintiffs Requests for Production, Set One. Country: United States Address 1: 5050 N Irwindale Ave City: Irwindale State: California Zip Code: 91706-2193 County: Los Angeles County Phone #: 626-962-3601 Fax #: 626-856-0471. The parties are strongly encouraged to use LACourtConnect for all their matters. Such an inquiry is left to the discretion of the trial court and will only be reversed upon a finding of abuse of discretion. 1-4 and 8-11 each request information relating to the specific acts of Defendant Camacho during his work shift on the dates of the subject incidents, and, further, requests information about Defendant Camachos sexual harassment and/or assault against members of the public, as well as Defendant Citys knowledge of such harassment and/or assault. Accordingly, the Court finds such an argument unpersuasive. As to civil proceedings, this procedure has been codified in Evidence Code sections 1043 and 1046. 657.) 5, 6, and 7 are not documents included within Defendant Camachos personnel file. A structured cabling system benefits businesses by giving you faster processing speeds and making your network more efficient and reliable. Instead, Evidence Code section 1045, subdivision (b)(1) is a guideline with regard to relevancy after the documents have been produced in camera before the Court. Sanctions are mandatory in connection with motions to compel responses to interrogatories and requests for production of documents against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel. Plaintiff opposes the interrogatory on the grounds that it seeks attorney work-product, seeks information subject to sexual assault counselor privilege, and psychotherapist privilege. Anyone with information about the case at 1043, subd. The Court agrees that sanctions are warranted under the circumstances, however, the amount sought is excessive and therefore unreasonable. (Cal. (DeMarco Decl., 7, Ex. 12.) (b)(3).) (City of Santa Cruz, supra, 49 Cal.3d at pp. 2023-01-03, Los Angeles County Superior Courts | Personal Injury | Proc., 2031.310, subd. 90-91.) Any party may obtain discovery . A 62-year-old man was flown to Utah Valley Hospital Monday after officials say he crashed into a tree while on his snowmobile and was knocked unconscious. Category Nos. Plaintiffs Pitchess Motion for Discovery of Police Officer Records was granted on April 22, 2022. (CCP 2030.290(c), 2030.300(d), 2031.300(c), 2031.310(h).) 5, 6, and 7. Phone: 626-430-2244. Code, 1045, 915, subd. (Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1016, quoting City of Santa Cruz, supra, 49 Cal.3d at p. WebCity Of Irwindale Police Department. ), First, Plaintiff has demonstrated that the information sought pursuant to Category Nos. If you disable this cookie, we will not be able to save your preferences. So that you can continue to enjoy HEYSOCAL's in-depth reporting, we ask that you please turn off your ad blocker and come on in, free of charge. Yolanda Orozco in Department 31 Stanley Mosk Courthouse, Case Number: *******6652 Hearing Date: July 29, 2022 Dept: 31. Pursuant to Category Nos. All personal cell phone(s) that Camacho used on July 21, 2019; (2) All personal cell phone(s) that Camacho used on August 25, 2019; (3) All electronically stored information relating to any and all female members of the public that you obtained while on duty as a sworn police officer and retained for your personal use; (4) All photographs, electronic or otherwise, relating to any and all female members of the public that you obtained while on duty as a sworn police officer and retained for your personal use while off duty; and (5) All communication that you have had with any and all female members of the public whom you came to know while on duty as a sworn police officer and then, proceeded to personally communicate with while off duty. (Id.) JANE DOE C.M.A VS IRWINDALE POLICE DEPARTMENT, ET AL. The Court will award reduced sanctions and award $1,025.00, for 5 hours of work for preparing the motion and the reply at the billing rate of $205.00 per hour.
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