Second, the Court finds that Plaintiff has sufficiently declared that the categories of information requested are within Defendant Citys possession. Ex. 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. (a). (Evid. 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. 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. 5.) Win a $50 gift card to Twohey's Restaurant! 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. (City of Santa Cruz, supra, 49 Cal.3d at pp. # # # # Media Contact Sergeant Diego Cornejo , Public Information Officer Phone ( 626 ) 430 - 2244 (a) [Pitchess motion must be served upon the governmental agency that has custody and control of the records].) The parties are strongly encouraged to use LACourtConnect for all their matters. ), 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. (Cal. 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. 19-20. Please fill out the form and we will submit a Media Kit directly to you. (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]. (DeMarco Decl., 5.) Estimated read time: 1-2 minutes. 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. 12.2 is GRANTED. Further, the movant must submit a declaration showing good cause for the discovery of such records, setting forth both the records materiality to the subject matter of the pending litigation and the declarants reasonable belief that the identified government agency has the type of records which are being pursued. 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. Phone: 626-430-2244. 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. (b)(1).) 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. A Baldwin Park man was arrested after he was involved in a fatal hit-and-run traffic collision on Saturday. (Id. If you disable this cookie, we will not be able to save your preferences. For interrogatories, each answer in the response must be as complete and straightforward as the information reasonably available to the responding party permits. Provo police said the incident did not occur in the Provo River, but at an inlet nearby. Effective July 20, 2020, all matters will be scheduled virtually and/or with audio through the Courts LACourtConnect technology. ), 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. 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. Defendant Camacho again demanded Plaintiff give him her phone and Defendant Camacho again viewed sexually explicit pictures and videos of Plaintiff. Official police records are subject to a privilege against disclosure that is held by both the officer and the department. Accordingly, the Court finds Plaintiff has proffered sufficient evidence demonstrating good cause pursuant to the requirements outlined in Evidence Code section 1043. (a)(3)). Code, 1043, subd. 2022-07-05. 658.) The Court considers Plaintiffs Motions, in turn. (a).) 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. (b)(3).) 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.. He was set to appear in Citrus Municipal Court at 8:30 a.m. Friday. 86. A Texas man was arrested Wednesday after allegedly holding paramedics at gunpoint and leading local police on a slow-speed pursuit that ultimately ended with him being tased along a roadside in Monrovia. (Id. Following a review of the applicable statutory scheme, as articulated in Evidence Code sections 1043 and 1045, the Court finds the categories of documents sought exclusively from Defendant Camacho do not constitute records which may be disclosed pursuant to a, Requests for Records and Information, Category Nos. (h). Plaintiff moves for an Order requiring Defendant City of Irwindales (Defendant City) and Defendant Mario Camachos (Defendant Camacho) production of documents for an in-camera review by this Court, pursuant to the procedures set forth within Evidence Code 1043 and 1045. (Id. Code 1045, subd. 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. ), Mamikonyan Decl. Plaintiffs Pitchess Motion for Discovery of Police Records is GRANTED, with respect to the following categories of information sought from Defendant CityCategory Nos. (Evid. 7.) Please enable Essential Cookies first so that we can save your preferences! WebChetek Police Department. at 1043, subd. South end of Great Salt Lake up nearly 4 feet since berm raised in February, Channel opened on Weber River as flood watch begins, Spanish Fork girl killed after being run over by landscaping equipment, Gwyneth Paltrow denied attorneys' fees in ski crash lawsuit, Garden City officials declare state of emergency due to flooding, Flood watches and advisories in effect across Utah; US 89 closed at US 6/Thistle Junction. On 07/20/2021 JANE DOE C M A filed a Civil Right - Other Civil Right lawsuit against IRWINDALE POLICE DEPARTMENT,. (Evid. ), Pursuant to Category Nos. Officers were dispatched to Wymount Terrace, on a suspicious rattle at the door. at 1043, subd. Approximately one month later, on August 25, 2019, Plaintiff alleges she was subject to a second episode of Defendant Camachos sexual harassment, which, on this occasion, grew to sexual assault. 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 shall identify the proceeding in which the discovery is being sought, identify the party seeking discovery, identify the individual whose personnel records are being sought, and identify the governmental agency said to have custody and control of those records. Springfield Township Police All social distancing protocols will be observed at the Courthouse and in the courtrooms. He has spent the past seven years as the Subsequently, on March 21, 2022, Plaintiff filed and served the present Motion, moving for an Order compelling Defendant Camachos further responses to Request for Production of Documents, Set One, Nos. 04/22/22.) You can find more information about our Terms of Service and Privacy Policy, Enter your phone number to be notified if you win. 12.) 4-5.) Following his arrest, further investigation revealed his alleged connection to several shootings on the 210 freeway. (Id., rule 3.1345, subd. Since there was no opposition, defense counsel only spent 13.8 on the motion amounting to a total of $2,829.00. Further, the objects and categories of information sought by Plaintiff are not maintained by a state or local agency, here, Defendant City, but are alleged to be in the possession of Defendant Camacho only. Do Not Sell My Personal Information. (b)(3); City of Santa Cruz, supra, 49 Cal.3d at p. It should not take 13.8 hours to prepare a straightforward motion relating to one interrogatory. 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 Learn about the different digital production printers and how they can help your company save time and money. ), 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. Irwindale, CA 91706. The child was transported to the hospital where he died when he was taken off life support the following day. 1-4 and 8-11 are material to the subject matter of the present litigation. JANE DOE C.M.A VS IRWINDALE POLICE DEPARTMENT, ET AL. 90-91.) Defendant Camacho asserts that Plaintiffs provided responses after the motion was filed and still failed to respond to all of the discovery at issue. In his Separate Statement, Defendant Camacho outlines why the question is relevant, probative, and likely to lead to discoverable evidence. According to Provo Police Department, a family was Defendant Camachos request for sanctions is GRANTED in the reduced amount of $1,025.00, for 5 hours. Code, 1043, subd. Accordingly, the Court finds Defendants opposing arguments without merit. Additionally, while Defendant City contends otherwise, the Court is unpersuaded that the information sought in Category Nos. Lexipol. Counsel for Defendant stated that his hourly rate for this case is $205. 1-4 and 8-11. A few minutes later, Defendant Camacho allowed Plaintiff to drive away. 7.) Get the most out of your investment. Irwindale Police Department According to a statement from Irwindale Police Department, officers were dispatched to the 5000 block of Azusa Canyon Road after Based on the foregoing, 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. Code, 1043, subd. Do Not Sell My Personal Information, If you need further help setting your homepage, check your browsers Help menu, Open the tools menu in your browser. LA - Apr 02, 2023. 18-19.) Plaintiffs Complaint alleges the following causes of action: (1) Sexual Assault under Color of Authority; (2) Negligence; and (3) Bane Civil Rights Act. As to materiality, this prong is satisfied upon a showing that the evidence sought is admissible or may lead to discovery of admissible evidence. (Riske v. Superior Court (2016) 6 Cal.App.5th 647, 658.) Pursuant to Section 2016.040, [a] meet and confer declaration in support of a motion shall state facts showing a reasonable and good faith attempt at an informal resolution of each issue presented by the motion. (Id., 2016.040. On March 21, 2021, Plaintiff filed a Motion to Compel Further Responses to Request for Production of Documents, Set One from Defendant Mario Camacho. WebIrwindale Police Department - Irwindale, California. Brian Huston, CE and Anthony Perkins, BICSI. . Plaintiffs Motion to Compel Further Responses to Request for Production of Documents Set One from Defendant Camacho is DENIED as MOOT. Moreover, counsel for Defendant Camacho tried on several occasions to meet and confer with Plaintiffs counsel to no avail. (a).) Defendant Camachos Motion to Compel further responses to interrogatory 12.2 is GRANTED. In conjunction with the Courts finding above, the Court makes the following observation. (Ekimyan Decl., 4-5, Exs. This requirement is not disputed between the parties, and Defendant City has not represented it is not in possession of such records or information. 8, 9, and 10. Police Beat 04/27/2023. Harrison Epstein, Daily Herald Type: Police Departments Population Served: 1200 Learn how you can create strong passwords that are actually easy to remember! C, D, E, F, H and J.) One driver was transported to the hospital for complaint of pain and the debris was cleared from the roadway. (Courtesy of Irwindale Police Department) By PROVO A toddler died Saturday after wandering away from family and being found in a pool of standing water near the Provo The separate statement must comply with the requirements set forth in California Rules of Court, rule 3.1345, subdivision (c). 5, 6, and 7 are not documents included within Defendant Camachos personnel file. 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. Code 1043, subd. ), 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. Emergency Phone: 911. ), 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. (Code Civ. WebAnyone with information on the case was urged to call the Irwindale Police Departments Detective Bureau at 626-430-2239. 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. (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). Proc., 2031.010, subd. Fraijo was fired from the Irwindale Police Department in February, according to Chief Anthony Miranda. 2, Ex. 2020-01-10, Los Angeles County Superior Courts | Personal Injury | In a short time you can create new ones in seconds. Rules of Court, Rule 3.1345, the responding party has the burden of establishing a valid objection, including any claim of privilege. (CCP 2030.300(a).). Editors note: This article has been edited following a correction from the Provo Police Department about the childs age. 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. WebThe city of Irwindale and the Irwindale Police Department are pleased to welcome Chris Hofford, MPA, FBINA as our new Chief of Police effective Monday, March 23, 2023.
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