On March 30, 2021, Plaintiff additionally filed a Pitchess Motion for Discovery of Police Officer Records. (Evid. Cameron Police Department. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. 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. The Irwindale Police Department is working in conjunction with the California Highway Patrol to investigate this, and other incidents that Gomez is potentially tied to. Los Angeles County Superior Courts | Other | (i) Requests for Records and Information, Category Nos. (Cal. 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. Such an inquiry is left to the discretion of the trial court and will only be reversed upon a finding of abuse of discretion. Defendant Camacho also filed an Objection to Plaintiffs untimely opposition to Defendants motion. and manufacturers. (Riske, supra, 6 Cal.App.5th at p. The ambulance crew informed arriving officers IRWINDALE POLICE DEPARTMENT 5, 6, and 7, Plaintiff requests Defendant Citys production of all documents served on Defendant in the Chavez action, all documents served by Defendant in the Chavez action, and all deposition transcripts taken as part of the Chavez action. Editors note: This article has been edited following a correction from the Provo Police Department about the childs age. (Id., rule 3.1345, subd. Based on the foregoing, Plaintiffs Motion to Compel Further Responses to Request for Production of Documents Set One from Defendant Camacho is DENIED as MOOT. 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. Police officers in California in the US were left bewildered after finding a boat parked beside the 'No Parking' signboard on March 5. at 1043, subd. You can find more information about our Terms of Service and Privacy Policy, Enter your phone number to be notified if you win. Accordingly, the information and objects sought by Plaintiffs Pitchess Motion with respect to Defendant Camacho only outside of the scope of the records which may be produced pursuant to a Pitchess Motion. (Mamikonyan Decl. The information sought by Plaintiff is clearly out of the scope of the present Pitchess protocol. (a).). 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. 1-4 and 8-11. 3 at p. ), First, Plaintiff has demonstrated that the information sought pursuant to Category Nos. 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. Accordingly, the Court finds such an argument unpersuasive. Code, 1043, subd. Yolanda Orozco in Department 31 Stanley Mosk Courthouse, Case Number: *******6652 Hearing Date: July 29, 2022 Dept: 31. 1-4 and 8-11, Plaintiff moves to compel Defendants production of Defendant Camachos personnel records which would reveal the following information: (1) the identity of witnesses holding personal knowledge of the two occasions of sexual harassment alleged in Plaintiffs Complaint, (2) documents relating to Defendant Camachos work shift on the two days Plaintiff alleges she was sexually harassed and assaulted, (3) records pertaining to the prior incident of sexual assault involving Defendant Camacho and a co-worker, (4) former complaints of sexual harassment or assault made against Defendant Camacho, and (5) documents revealing Defendant Camachos current employment status with Defendant City. As Defendant Camacho has served supplemental responses, Plaintiffs present Motion is aimed at discovery responses which have been superseded by Defendants supplemental responses. While many Utahns put up signs to keep solicitors from knocking on their doors, a man in Sandy says the knocks keep coming. Motion to Compel Further Responses to Requests for Production of Documents, Any party may obtain discovery . 1138.) We will get in touch with you shortly. Top 7 Reasons to Add a Production Printer to Your Business, History of Lighting Design | Over 25 Years of Providing Utah With the Latest Trends and Styles, Why Every Business Needs a Structured Cabling System, How to Create Strong Passwords You Can Actually Remember. In contrast, Defendant Camachos supplemental responses do not merely assert objections, but provide averments that the relevant documents are no longer in the possession of Defendant. 1-4 and 8-11 are material to the subject matter of the present litigation. As noted previously, Plaintiffs present Motion moves to compel Defendant Camachos further responses based upon Defendants service of boilerplate objections in response to Request Nos. All rights reserved. Specifically, pursuant to Category Nos. No one was injured in the above-mentioned freeway shootings. Code, 1045, subd. Code, 832.8, subd. Specifically, Plaintiff has identified the following categories of records for which production is sought, by virtue of an in-camera inspection and review, with respect to Defendant City and Defendant Camacho. 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. 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. (Evid. Spring run-off/swift-water was not a factor.. 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. Take this quiz before you apply to see if it will help you meet your goals. Your request has been confirmed! Read about the history of Lighting Design, a family-owned and operated business that paved the way for the lighting industry in Utah. (Id. Therefore, the motion is Moot as to interrogatories 6.2 and 6.3. (Evid. 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. Code, 1043, subd. Based on the foregoing, Plaintiffs Pitchess Motion for Discovery of Police Records is GRANTED, with respect to categories of information sought from Defendant City with the exception of Category Nos. Police Beat 04/27/2023. (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]. Additionally, while Defendant City contends otherwise, the Court is unpersuaded that the information sought in Category Nos. First, Defendant Camacho argues that Plaintiffs Pitchess Motion must be denied because the Motion requests the production of documents and information consisting of complaints concerning conduct occurring more than five years before the event or transaction that is the subject of the litigation. To issue an anonymous tip online, go to lacrimestoppers.org. 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. Your subscription has been confirmed. 90. Rules of Court, Rule 3.1345, subd. In his Separate Statement, Defendant Camacho outlines why the question is relevant, probative, and likely to lead to discoverable evidence. ), 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. (Id. MARIELA ISABEL AVILA VS CITY OF IRWINDALE, A CALIFORNIA MUNICIPALITY, ET AL. ), Records Requested from Defendant Camacho Only. 1-4 and 8-11. 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. Therefore, Defendant has complied with the meet and confer requirement. 10/7/2022: Request for Dismissal - REQUEST FOR DISMISSAL - NOT ENTERED 10/07/2022, 3/30/2022: Motion for Discovery of Peace Officer Personnel Records (Pitchess Motion), 3/30/2022: Declaration - DECLARATION OF ANTHONY M. DEMARCO IN SUPPORT OF PLAINTIFF JANE DOE CMA'S PITCHESS MOTION FOR DISCOVERY OF POLICE OFFICER RECORDS, 4/11/2022: Opposition - OPPOSITION TO PLAINTIFFS MOTION AND PITCHESS MOTION FOR DISCOVERY OF POLICE OFFICER RECORDS; MEMORANDUM OF POINTS AND AUTHORITIES, 4/11/2022: Opposition - OPPOSITION TO PLAINTIFFS MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, 4/11/2022: Declaration - DECLARATION OF JOHN EKIMYAN, 4/11/2022: Opposition - OPPOSITION TO PLAINTIFFS NOTICE OF MOTION AND PITCHESS MOTION FOR DISCOVERY OF POLICE OFFICER RECORDS, 4/15/2022: Reply - REPLY IN SUPPORT OF PLAINTIFF'S PITCHESS MOTION FOR DISCOVERY OF POLICE OFFICER RECORDS, 4/15/2022: Declaration - DECLARATION OF ANTHONY M. DEMARCO IN SUPPORT OF PLAINTIFF'S REPLY OF PITCHESS MOTION FOR DISCOVERY OF POLICE OFFICER RECORDS, 4/15/2022: Reply - REPLY PLAINTIFF JANE DOE C.M.A. (Id. Provo Police | City of Provo, UT 8, 9, and 10, on February 4, 2022. Code, 1045, subd. 658.). Our officers responded to Live Oak Avenue and Baldwin Park Boulevard last night for an injury traffic collision that left a big mess in the intersection. (Coy v. Superior Court (1962) 58 Cal.2d 210, 220; see also San Diego Professional Ass'n v. Superior Court of San Diego County (1962) 58 Cal.2d 194, 204.) This requirement is not disputed between the parties, and Defendant City has not represented it is not in possession of such records or information. (a)(3)). (Evid. Irwindale Police Department (Evid.
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