Defendant Citys position appears to be that Plaintiff may not obtain these documents at all which would be contrary to case law that allows for the discovery of all relevant information, or information which may lead to the discovery of admissible evidence. Cancellation and Refund Policy, Privacy Policy, and Accordingly, the Court finds such an argument unpersuasive. 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. The case status is Other. Specifically, pursuant to Category Nos. 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 considers Plaintiffs Motions, in turn. (Riske, supra, 6 Cal.App.5th at p. WebPhysical Address: 5050 N. Irwindale Avenue. Keeping this cookie enabled helps us to improve our website. 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. (CCP 2030.300(a).). C, D, E, F, H, and J.). 2022-07-05. Yolanda Orozco in Department 31 Stanley Mosk Courthouse, Notice of the motions must be given within 45 days of service of the verified response, otherwise, the propounding party waives any right to compel a further response. 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. 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. (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.].). On 07/20/2021 JANE DOE C M A filed a Civil Right - Other Civil Right lawsuit against IRWINDALE POLICE DEPARTMENT,. (ii) Remaining Request for Records and Information from the City. 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. The identity of the family has not been released at this time. (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. (DeMarco Decl., Ex. Police are searching for an SUV driver who struck and killed a man in Irwindale on Saturday afternoon, April 29, 2023. at p. If so, for each individual state: a) The name, ADDRESS, and telephone number of the individual interviewed; c) The name, ADDRESS, and telephone number of the PERSON who conducted the interview.. Plaintiff alleges that on said date, Defendant Camacho laid in wait once again in front of Plaintiffs workplace and proceeded to pull Plaintiff over while she was driving home. 5, 6, and 7, do not constitute records which are within the scope of the present Pitchess protocol. (a)(3)). (a).). ), 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. 5.) 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. (DeMarco Decl., 5.) 86. ), Plaintiff requests the production of the following categories of records from Defendant Camacho only: (1) 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. (b)(3).) WebIrwindale Police Department - Irwindale, California. Defendant Camachos Motion to Compel further responses to interrogatory 12.2 is GRANTED. Code, 832.8, subd. (Cal. The Court has made the above finding pursuant to Defendant Citys persuasive argument concerning the fact that the external litigation documents sought by Plaintiff in Category Nos. (Mot., at pp. (c). Plaintiff alleges that Defendant City failed to adequately supervise, discipline, or train Defendant Camacho, after having knowledge that Defendant Camacho had sexually harassed a female co-worker prior to the events relevant to Plaintiffs Complaint. Lafourche Parish Sheriff's Office. 15-16.) He was set to appear in Citrus Municipal Court at 8:30 a.m. Friday. C, D, E, F, H and J.) 4-6.) (Evid. Boyle Heights Apr 18, 2022 He faces charges of attempted murder, assault with attempted murder, assault with a deadly weapon, false imprisonment, resisting arrest, evading arrest, driving under the influence of drugs and various weapons violations. As stated, a party will be entitled to discovery of a police officers personnel records pursuant to a Pitchess Motion upon the moving partys showing [of] good cause for the discovery or disclosure sought. (Evid. 1979) at p. We are honored to have Chief Hofford join our ranks! Plaintiffs Complaint alleges that, on July 21, 2019, Defendant Camacho laid in wait in front of Plaintiffs workplace, an adult entertainment club, pulling Plaintiff over when she was driving home at approximately 2:30 a.m. Plaintiffs Motion to Compel Further Responses to Request for Production of Documents Set One from Defendant Camacho is DENIED as MOOT. He said the man and woman were last seen alive on Monday. 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. Defendant Camachos objection to Plaintiffs untimely Opposition will not be considered because Plaintiff has not filed an Opposition with the Court. (Evid. All complaints of sexual harassment committed by Defendant Mario Camacho; (10) All complaints of sexual assault committed by Defendant Mario Camacho; and (11) All documents reflecting Mario Camachos current employment status with the City of Irwindale, including the dates when that status began. 1138.) Code, 1043, subd. Plaintiffs Pitchess Motion for Discovery of Police Officer Records was granted on April 22, 2022. Proc., 2031.310, subd. (Id. Earlier this year, the Irwindale Police Department, which has about 30 sworn positions, was embroiled in a small-town scandal when residents complained that officers 1 and 2, Plaintiff moves for the production of documents which identify all persons who have personal knowledge of the two incidents of sexual harassment and assault which are the subject of the Plaintiffs Complaint and involve Plaintiff and Defendant Camacho. Additional Information. He was then arrested without further incident, read the Irwindale PD release on the incident. Here, Plaintiff has failed to oppose Defendants motion or outline why the information Defendant Camacho seeks is privileged. 6.) It is enough that the moving partys belief be premised upon a rational inference from known or reasonably assumed facts. (Evid. Code, 1043, subd. Nothing of significance was located on scene 1-4 and 8-11are sufficiently material to Plaintiffs Complaint. #SoCalTelevision #Alert >> Authorities with the Irwindale Police Department are seeking the publics help after a man and woman were found dead in a Rules of Court, rule 3.1345, subd. Evidence Code sections 1043 and 1045 provide a procedural mechanism for the disclosure of peace or custodial officer personnel records or [personnel investigative] records maintained by a state or local agency. 84. 2023-03-08, Los Angeles County Superior Courts | Personal Injury | 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. RONALD AUSTIN VS IRWINDALE POLICE DEPARTMENT, JANE DOE CR VS IRWINDALE POLICE DEPARTMENT ET AL, JANE DOE CB VS IRWINDALE POLICE DEPARTMENT ET AL. The officers were forced to physically detain the suspect, during which an electro-muscular disruption technology (EMDT) device was successfully deployed. 14.) 8, Ex. The parties are strongly encouraged to use LACourtConnect for all their matters. (b)(1).) Further, Defendant Camachos supplemental responses are materially different than those responses upon which Plaintiffs Motion is currently based. Harrison Epstein, Daily Herald Take this quiz before you apply to see if it will help you meet your goals. What are the rules & your rights when No Soliciting signs dont keep salespeople at bay? This website uses cookies to provide you with the best browsing experience. # # # # Media Contact Sergeant Diego Cornejo , Public Information Officer Phone ( 626 ) 430 - 2244 (Id. Copyright 2023 Specifically, Plaintiff seeks to hold Defendant City liable for the acts of Defendant Camacho pursuant to a theory of vicarious liability. (Pitchess v. Superior Court (1974) 11 Cal.3d 531, 536-37.) Gomez is being held on $1,000,000 bail. Appeal from the United States District Court for the Central District of California Jesus G. Bernal, District Judge, Presiding Submitted February 12, 2015** In response to Plaintiffs Requests for Production of Documents, Set Two, Defendant has objected to the production of the external litigation documents on the ground such documents are contained in internal affairs documents or peace officer personnel files, and thus, Plaintiff may only obtain such records pursuant to the filing of a Pitchess Motion. And the best part of all, documents in their CrowdSourced Library are FREE! Type: Police Departments Population Served: 1200 Plaintiffs Complaint alleges the following causes of action: (1) Sexual Assault under Color of Authority; (2) Negligence; and (3) Bane Civil Rights Act. Category Nos. ), Except as provided in subdivision (j), the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel further response to a demand, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (Code Civ. ), A Pitchess motion provides a discovery procedure by which plaintiffs may compel the discovery of information contained in a police officers confidential personnel files if the plaintiff can make general allegations which establish some cause for discovery thereof. As to civil proceedings, this procedure has been codified in Evidence Code sections 1043 and 1046. Ex. (Source: Irwindale Police Department @IrwindalePolice/Twitter) The Court ORDERS Defendant City to produce the categories of documents for an in chambers examination by this Court which shall take place on June 29, 2022, at 9 a.m. (Evid. ), Pitchess Motion for Discovery of Police Officer Records. Code, 1043, subd. Plaintiffs Motion is based upon the ground that, in response to Request Nos. Effective July 20, 2020, all matters will be scheduled virtually and/or with audio through the Courts LACourtConnect technology. On February 24, 2022, Defendant Camacho filed this Motion to Compel Further Responses to Form Interrogatories-General, Set One along with a Separate Statement. To issue an anonymous tip online, go to lacrimestoppers.org. 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). However, Defendant Camacho asserts Plaintiff has failed to provide further responses to General Form Interrogatory 12.2. Irwindale Police Department According to a statement from Irwindale Police Department, officers were dispatched to the 5000 block of Azusa Canyon Road after (b). Such an inquiry is left to the discretion of the trial court and will only be reversed upon a finding of abuse of discretion. The Court next addresses Defendants opposing arguments which the Court finds unpersuasive. The Court ORDERS that any and all discoverable information eventually produced as a result of Plaintiffs. It's the most comprehensive and trusted online destination for law enforcement agencies and police departments worldwide. A motion to compel further responses to form or specially prepared interrogatories may be brought if the responses contain: (1) answers that are evasive or incomplete; (2) an unwarranted or insufficiently specific exercise of an option to produce documents in lieu of a substantive response; or (3) unmerited or overly generalized objections. 10:7-18. 5, 6, and 7, Following a review of the relevant statutory scheme, as well as the parties moving, opposing, and reply arguments, the Court finds the categories of information sought from Defendant City, within Category Nos. California 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. Plaintiffs Pitchess Motion for Discovery of Police Records is GRANTED, with respect to the following categories of information sought from Defendant CityCategory Nos. (See also Haggerty v. Superior Court (2004) 117 Cal.App.4th 1079, 1085 [statutory scheme for obtaining confidential personnel records applies to civil and criminal cases]. Plaintiffs Complaint arises from the alleged sexual harassment and assault endured by Plaintiff at the hands of Defendant Camacho, while Defendant was a sworn police officer for Defendant City. ), Plaintiffs Complaint alleges causes of action against Defendant City for Sexual Assault/Battery under Color of Law, Negligence, and Violation of Bane Act. The Court agrees that sanctions are warranted under the circumstances, however, the amount sought is excessive and therefore unreasonable. 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. Any party may obtain discovery . PROVO A toddler died Saturday after wandering away from family and being found in a pool of standing water near the Provo (1) PITCHESS MOTION FOR DISCOVERY OF POLICE OFFICER RECORDS IS GRANTED, IN PART; (2) MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AGAINST DEFENDANT MARIO CAMACHO IS DENIED, AS MOOT. ), 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. (Evid. (Plaintiff) initiated the present action by filing a Complaint against City of Irwindale (erroneously sued additionally as Irwindale Police Department), Mario Camacho, and Does 1 through 100 (collectively, Defendants). Accordingly, the Court finds that the documents sought in Category Nos. at 1043, subd. MARIELA ISABEL AVILA VS CITY OF IRWINDALE, A CALIFORNIA MUNICIPALITY, ET AL. (City of Santa Cruz, supra, 49 Cal.3d at pp. (Plaintiff) filed a Complaint against City of Irwindale (erroneously sued additionally as Irwindale Police Department), Mario Camacho, and Does 1 through 100 (collectively, Defendants). (a). Public Records Policy. Code, 1045, subd. 14.) and manufacturers. (Evid. Code, 1043, subd. (See Proof of Service, filed April 1, 2022.). Please fill out the form and we will submit a Media Kit directly to you. Accordingly, the Court finds Defendants opposing arguments without merit. (b)(3).) Also, stay in the loop for SoCal news and updates. Ex. On July 20, 2021, Jane Doe C.M.A. 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. The Court is aware that Defendant has refused to produce these documents in response to Plaintiffs Requests for Production of Documents, Set Two, where Plaintiff seeks the production of identical documents. ), 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. Look for a box or option labeled Home Page (Internet Explorer, Firefox, Safari) or On Startup (Chrome). (a). WebWe appreciate the relationship we have with our local news outlets that allows us to get our information out to a broader audience.
