Please enable Essential Cookies first so that we can save your preferences! This first element is satisfied upon a showing that the evidence sought is admissible or may lead to discovery of admissible evidence. (Riske, supra, 6 Cal.App.5th at p. By MARK ARAX. 10:7-18. (Evid. Personnel records as defined by Penal Code section 832.8 include, the following: (1) personal data, including marital status, family members, educational and employment history, home addresses, or similar information,; (2) Medical history, (3) Election of employee benefits, (4) Employee advancement, appraisal, or discipline, (5) Complaints, or investigations of complaints, concerning an event or transaction in which he or she participated, or which he or she perceived, and pertaining to the manner in which he or she performed his or her duties, and (5) Any other information the disclosure of which would constitute an unwarranted invasion of personal privacy. (Pen. Counsel for Defendant stated that his hourly rate for this case is $205. One driver was transported to the hospital for complaint of pain and the debris was cleared from the roadway. 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. (Id. Code, 1043, subd. 8, 9, and 10, on February 4, 2022. Following these events, Plaintiff reported such conduct to Defendant City. Plaintiffs Complaint alleges the following causes of action: (1) Sexual Assault under Color of Authority; (2) Negligence; and (3) Bane Civil Rights Act. Win a $50 gift card to Twohey's Restaurant! It is enough that the moving partys belief be premised upon a rational inference from known or reasonably assumed facts. (Evid. (i) Requests for Records and Information from Defendant City and Defendant Camacho, Plaintiff requests the production of the following categories of records from Defendant City as well as from Defendant Camacho: (1) Identify all person known by Defendant(s) to have personal knowledge of the facts relating to incident number 1 alleged in the Complaint in this action at page 2 line 14 to Page 4 line 3; (2) Identify all person known by Defendant(s) to have personal knowledge of the facts relating to incident number 2 alleged in the Complaint in this action at page 4 line 4 to Page 7 line 2; (3) All documents relating to Mario Camachos work shift on August 25, 2019; (4) All documents relating to Mario Camachos work shift on July 21, 2019; (5) All documents served on Defendant(s) as part of Los Angeles Superior Court case number KC065226; (6) All documents served by Defendant(s) in Los Angeles Superior Court case number KC065226; (7) All deposition transcripts taken as part of Los Angeles Superior Court case number KC065226; (8) All records pertaining to any complaints, reports or claims by Alma Chavez, the Plaintiff in Los Angeles Superior Court case number KC065226, any investigation conducted by the City of Irwindale regarding that complaint, and records of all employment actions taken by the City of Irwindale in response including but not limited to demotions, reprimands, changes of duties, increased supervision, additional training of Camacho; (9) 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. Police Beat 04/27/2023. Defendant requests that Plaintiff be ordered to provide a further response to interrogatory 12.2. 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. (a)(3).) Chief Hofford states is excited to join the Irwindale Police Department and looks forward to serving the members of the police department and the Irwindale Community . WebWe appreciate the relationship we have with our local news outlets that allows us to get our information out to a broader audience. (Riske, supra, 6 Cal.App.5th at p. It is permissible that a movant submits a declaration based on information and belief. 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. 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. On February 4, 2022, Defendant Camacho served responses to Plaintiffs Requests for Production, Set One. Nothing may be incorporated by reference. 'S REPLY IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION SET ONE FROM DEFENDANT MARIO CAMACHO, Declaration - DECLARATION OF ANTHONY M. DEMARCO IN SUPPORT OF PLAINTIFF'S REPLY IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE FROM DEFENDANT MARIO CA, Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL FURTHER DISCOVERY RESPONSES TO RE), Brief - BRIEF PLAINTIFF JANE DOE C.M.A'S SUPPLEMENTAL BRIEF FOR IN CAMERA REVIEW OF PITCHESS MATERIALS, Notice of Lodging - NOTICE OF LODGING OF (PROPOSED) PROTECTIVE ORDER REGARDING DEFENDANT CITY OF IRWINDALE DOCUMENTS AND PERSONNEL FILES INFORMATION, Cases involving other civil rights and constitutional questions not classified elsewhere, 440, 444, 1440, 1444, 2440, 2444, 3440, 3444, 4440, 4444, 5950. (, Before the Court, are two motions filed by Plaintiff: (A) Plaintiffs, Pitchess Motion For Discovery of Police Officer Records. 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. (Mamikonyan Decl. Proc., 2031.310, subd. 5, 6, and 7 are statutorily inappropriate and outside the scope of the records which may be produced pursuant to a Pitchess Motion. (Ekimyan Decl., Ex. We are honored to have Chief Hofford join our ranks! You can find more information about our Terms of Service and Privacy Policy, Enter your phone number to be notified if you win. Appeal from the United States District Court for the Central District of California Jesus G. Bernal, District Judge, Presiding Submitted February 12, 2015** (Id. Finally, one place to get all the court documents we need. (a) Categories of Records Requested for Production. ), 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. The Court agrees. 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. CITY OF IRWINDALE, a municipal corporation; and MARIO CAMACHO, individually and as Lieutenant for the Irwindale Police Department, MEMORANDUM* Defendants - Appellees. 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. Salt Lake City police officers responded to a call at 2:41 a.m. about a stabbing at 32 E. Exchange Place. Official police records are subject to a privilege against disclosure that is held by both the officer and the department. Moreover, counsel for Defendant Camacho tried on several occasions to meet and confer with Plaintiffs counsel to no avail. (Evid. 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. Plaintiff alleges that during this traffic stop, Defendant Camacho ordered Plaintiff to give him her phone, and proceeded to view sexually explicit photographs and videos Plaintiff had taken of herself. The suspect, 37-year-old El Paso, Texas resident Johnathan Gomez, was arrested and booked into West Covina Jail after being medically cleared at a local hospital. Members of the Provo City School District, Provo Police Department and the city as a whole were sent into a brief panic March 29 when a call was made to the police (CRC, rule 3.1345(a)(3), (c).). If you do not agree with these terms, then do not use our website and/or services. Provo police and fire medics responded to the Class Ropes Course area at 3606 W Center Street, CPR was administered. Ex. All rights reserved. (Ekimyan Decl. Link: Police Department Page. WebIrwindale Police Department - Irwindale, California. The Court next addresses Defendants opposing arguments which the Court finds unpersuasive. (b)(2).) B.). Here, Plaintiff has failed to oppose Defendants motion or outline why the information Defendant Camacho seeks is privileged. ), 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. (City of Santa Cruz, supra, 49 Cal.3d at pp. 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. However, Evidence Code section 1045, subdivision (b)(1) does not operate as a bar to finding good cause with respect to a Pitchess motion. This website uses Google Analyticsto collect anonymous information such as the number of visitors to the site, and the most popular pages. ), 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. According to county jail records, Gomez was arrested at 6:48 a.m., 11 minutes after the alleged extended crime spree was first reported. Or. (See Mot., at p. Enter https://www.police1.com/ and click OK. On November 28, 2021, Plaintiff served the subject Requests for Production, Set One upon Defendant Camacho. Accordingly, the Court finds Plaintiff has proffered sufficient evidence demonstrating good cause pursuant to the requirements outlined in Evidence Code section 1043. (DeMarco Decl., 5.) On July 20, 2021, Jane Doe C.M.A. 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. (Id. (b)(3).) 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. 84. Lastly, Defendant Camacho argues that the records requested have not been sufficiently described, pursuant to Evidence Code 1043, subdivision (b)(2). Lexipol. As Defendant Camacho has served supplemental responses, Plaintiffs present Motion is aimed at discovery responses which have been superseded by Defendants supplemental responses. (Pitchess v. Superior Court (1974) 11 Cal.3d 531, 536-37.) (b). 14.) Presently, Plaintiffs Separate Statement only recites the text of Defendants original response, served on February 4, 2022, and fails to include the text of Defendants further responses, served on March 28, 2022 and April 8, 2022, respectively. According to a statement from Irwindale Police Department, officers were dispatched to the 5000 block of Azusa Canyon Road after learning that a body had been discovered in the area. . Accordingly, the Court finds Defendants opposing arguments without merit. (c).) ), 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. Code, 832.8, subd. (Evid. Accordingly, the Court finds that the documents sought in Category Nos. 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. Specifically, Plaintiff seeks to hold Defendant City liable for the acts of Defendant Camacho pursuant to a theory of vicarious liability. MARIELA ISABEL AVILA VS CITY OF IRWINDALE, A CALIFORNIA MUNICIPALITY, ET AL. 15-16.) As to civil proceedings, this procedure has been codified in Evidence Code sections 1043 and 1046. (Compl., 8-9.) Subscribe to our newsletter for this giveaway and many more. Plaintiffs Pitchess Motion for Discovery of Police Records is DENIED, with respect to the following categories of information sought from Defendant CityCategory Nos. (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).) 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. Police1 is revolutionizing the way the law enforcement community PROVO A toddler died Saturday after wandering away from family and being found in a pool of standing water near the Provo How to Choose What MBA Program is Right for You: Take this Quiz Before You Apply! RONALD AUSTIN VS IRWINDALE POLICE DEPARTMENT, JANE DOE CR VS IRWINDALE POLICE DEPARTMENT ET AL, JANE DOE CB VS IRWINDALE POLICE DEPARTMENT ET AL. 2:22-23, 8:19-9:2.) Copyright 2023 If you disable this cookie, we will not be able to save your preferences. 1 and 2 fall outside of the scope of the present, Remaining Request for Records and Information from the City, upon a showing that the evidence sought is admissible or may lead to discovery of admissible evidence. (. Lastly, Defendant Camacho argues that the records requested have not been sufficiently described, pursuant to Evidence Code 1043, subdivision (b)(2). Code, 1043, subd. PROVO, Utah A 20-month-old Defendant Camacho proceeded to make comments about Plaintiffs breasts, groin, butt, and legs, and informed Plaintiff he wanted to see more of her. (Id. (CCP 2030.290(c), 2030.300(d), 2031.300(c), 2031.310(h).) The reaction of the Irwindale Police Department to Cameranos abuse of underage female Explorers was symptomatic of a culture within the Department that was accepting of sexual abuse and harassment of females by male officers. Now former officer David Paul Fraijo in 2015 was criminally convicted and sentenced to state prison for 90. 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 Read about the history of Lighting Design, a family-owned and operated business that paved the way for the lighting industry in Utah. LA - Apr 02, 2023. (Id. 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. (Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1016, quoting City of Santa Cruz, supra, 49 Cal.3d at p. C, D, E, F, H and J.) 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. Second, the Court finds that Plaintiff has sufficiently declared that the categories of information requested are within Defendant Citys possession. 04/22/22.) Further, Plaintiffs Proof of Service demonstrates Defendant City has been properly served. He was set to appear in Citrus Municipal Court at 8:30 a.m. Friday. Accordingly, the Court finds such an argument unpersuasive. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful. (Id. Proc., 2031.210, subd. Try these old laptop upgrades before throwing it out to keep it running fast and efficient. (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]. 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., The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any of the following: (1) A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Section 2031.030 and any related activities[;] (2) A representation that the party lacks the ability to comply with the demand for inspection, copying, testing, or sampling of a particular item or category of item[; or] (3) An objection to the particular demand for inspection, copying, testing, or sampling., On receipt of a response to a demand for inspection, copying, testing, or sampling, the demanding party may move for an order compelling further response to the demand if the demanding party deems that any of the following apply: (1) A statement of compliance with the demand is incomplete[;] (2) A representation of inability to comply is inadequate, incomplete, or evasive[; or] (3) An objection in the response is without merit or too general., 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, 1045, subd. The information sought by Plaintiff is clearly out of the scope of the present Pitchess protocol. On March 30, 2021, Plaintiff additionally filed a Pitchess Motion for Discovery of Police Officer Records. 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. ), Motion to Compel Further Responses to Request for Production of Documents. 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. (a).) The Court finds the description of the records requested is sufficient. (b)(2) [The motion shall include all of the following: (2) A description of the type of records or information sought.].) A rescue effort at Weber River has now turned to a recovery effort following reports of someone screaming in the water and a woman in her 20's missing in the area. Officers were dispatched to Wymount Terrace, on a suspicious rattle at the door. 'S REPLY IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION SET ONE FROM DEFENDANT MARIO CAMACHO, 4/15/2022: Declaration - DECLARATION OF ANTHONY M. DEMARCO IN SUPPORT OF PLAINTIFF'S REPLY IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE FROM DEFENDANT MARIO CA, 4/22/2022: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL FURTHER DISCOVERY RESPONSES TO RE), 6/22/2022: Brief - BRIEF PLAINTIFF JANE DOE C.M.A'S SUPPLEMENTAL BRIEF FOR IN CAMERA REVIEW OF PITCHESS MATERIALS, 6/28/2022: Notice of Lodging - NOTICE OF LODGING OF (PROPOSED) PROTECTIVE ORDER REGARDING DEFENDANT CITY OF IRWINDALE DOCUMENTS AND PERSONNEL FILES INFORMATION, DocketPost-Mediation Status Conference scheduled for 10/19/2022 at 09:00 AM in Stanley Mosk Courthouse at Department 31 Not Held - Vacated by Court on 10/10/2022, DocketFinal Status Conference scheduled for 12/12/2022 at 09:00 AM in Stanley Mosk Courthouse at Department 31 Not Held - Vacated by Court on 10/10/2022, DocketPost-Settlement Status Conference Re: MSC scheduled for 12/12/2022 at 09:00 AM in Stanley Mosk Courthouse at Department 31 Not Held - Vacated by Court on 10/10/2022, DocketJury Trial with a 7-10 day estimate scheduled for 01/09/2023 at 10:00 AM in Stanley Mosk Courthouse at Department 31 Not Held - Vacated by Court on 10/10/2022, DocketOn the Complaint filed by JANE DOE C.M.A on 07/20/2021, entered Request for Dismissal with prejudice filed by JANE DOE C.M.A, DocketOn the Complaint filed by JANE DOE C.M.A on 07/20/2021, entered Request for Dismissal with prejudice filed by JANE DOE C.M.A as to the entire action, DocketRequest for Dismissal; Filed by: JANE DOE C.M.A (Plaintiff), DocketRequest for Dismissal - NOT ENTERED 10/07/2022; Filed by: JANE DOE C.M.A (Plaintiff); As to: IRWINDALE POLICE DEPARTMENT (Defendant); THE CITY OF IRWINDALE (Defendant); MARIO CAMACHO (Defendant), DocketERROR with ROA message definition 129 with DismissalParty:2790633 resulted in empty message, DocketERROR with ROA message definition 129 with DismissalParty:2790634 resulted in empty message, DocketAddress for Anthony M. DeMarco (Attorney) updated, DocketCase Management Conference scheduled for 11/18/2021 at 09:00 AM in Stanley Mosk Courthouse at Department 31, DocketNotice of Case Management Conference; Filed by: Clerk, DocketSummons on Complaint; Issued and Filed by: JANE DOE C.M.A (Plaintiff); As to: IRWINDALE POLICE DEPARTMENT (Defendant); THE CITY OF IRWINDALE (Defendant); MARIO CAMACHO (Defendant), DocketComplaint; Filed by: JANE DOE C.M.A (Plaintiff); As to: IRWINDALE POLICE DEPARTMENT (Defendant); THE CITY OF IRWINDALE (Defendant); MARIO CAMACHO (Defendant), DocketCivil Case Cover Sheet; Filed by: JANE DOE C.M.A (Plaintiff); As to: IRWINDALE POLICE DEPARTMENT (Defendant); THE CITY OF IRWINDALE (Defendant); MARIO CAMACHO (Defendant), DocketNotice of Case Assignment - Unlimited Civil Case; Filed by: Clerk, DocketCase assigned to Hon. EDDIE ARTEAGA VS STATE OF CALIFORNIA, ET AL. The Court considers Plaintiffs Motions, in turn. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. On July 20, 2021, Jane Doe C.M.A. Get the most out of your investment. 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. ), Mamikonyan Decl. 9:9-10:6. Learn about the different digital production printers and how they can help your company save time and money. 8, 9, and 10, Defendant Camacho merely provided boilerplate objections, and failed to provide a substantive responses. 5, 6, and 7, do not constitute records which are within the scope of the present Pitchess protocol. The separate statement must comply with the requirements set forth in California Rules of Court, rule 3.1345, subdivision (c). 2, Ex. A Baldwin Park man was arrested after he was involved in a fatal hit-and-run traffic collision on Saturday. (DeMarco Decl., Ex. The ambulance crew informed arriving officers that the suspect fled the scene in a 2015 Peterbilt tractor-trailer. Law enforcement officers from the Irwindale Police Department made an arrest in connection with a fatal hit-and-run traffic collision that occurred on the previous day, according to a recent press release. Harrison Epstein, Daily Herald (Id. Specifically, pursuant to Category Nos. 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. Web11K Followers, 871 Following, 1,868 Posts - See Instagram photos and videos from Irwindale Police Department (@irwindalepolice) Irwindale Police Department 01 May 2023 14:15:01 (Opp., at p. 1:27-2:17 [representing to this Court that Plaintiff requests the Court order the City to provide specific information not maintained in Office Camachos personnel file, including the external litigation documents arising from the Chavez action].) Defendant Camacho asserts that Plaintiffs provided responses after the motion was filed and still failed to respond to all of the discovery at issue. 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. 5, 6, and 7, do not constitute records which are within the scope of the present, are statutorily inappropriate and outside the scope of the records which may be produced pursuant to a. Given the Courts finding, Plaintiff will be unable to obtain production of these documents pursuant to the present Pitchess Motion.
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