This website uses cookies to provide you with the best browsing experience. Ex. According to Provo Police Department, a family was 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. Code, 1045, subd. 7.) 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 two-pronged good cause inquiry acts as a "relatively relaxed and relatively low threshold, serving to ensure that the government produces all potentially relevant documents for review by the trial court. (Evid. 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. Irwindale Police Department Fraijo was fired from the Irwindale Police Department in February, according to Chief Anthony Miranda. 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. 5, 6, and 7, do not constitute records which are within the scope of the present Pitchess protocol. Rules of Court, Rule 3.1345, subd. Gomez is also suspected in a series of local freeway shootings, according to Irwindale PD. Code, 1043, subd. 20-month-old toddler drowns near Provo River, police say (Evid. 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.. On February 4, 2022, Defendant Camacho served responses to Plaintiffs Requests for Production, Set One. (i) Requests for Records and Information, Category Nos. 14.) 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. (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. Lastly, Defendant Camacho argues that the records requested have not been sufficiently described, pursuant to Evidence Code 1043, subdivision (b)(2). ), Plaintiffs Complaint alleges causes of action against Defendant City for Sexual Assault/Battery under Color of Law, Negligence, and Violation of Bane Act. Irwindale, CA 91706. (Id. (Min. Police 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 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. (Code Civ. The Court finds the description of the records requested is sufficient. Copyright 2023 ), 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. The case status is Other. By clicking I Accept or using our site, you are consenting to the use of cookies unless you disable them. Lexipol. (See Mot., at p. Motion to Compel Further Responses to Requests for Production of Documents, Any party may obtain discovery . However, Evidence Code section 1045, subdivision (b)(1) does not operate as a bar to finding good cause with respect to a Pitchess motion. He decided to Get Gephardt, who explores what those signs really mean. (b)(2).) The separate statement must comply with the requirements set forth in California Rules of Court, rule 3.1345, subdivision (c). Two people were injured Monday night following a shooting at 17th South River Park in Salt Lake City. Email the Police Department. 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. 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. All rights reserved. MARIELA ISABEL AVILA VS CITY OF IRWINDALE, A CALIFORNIA MUNICIPALITY, ET AL. (See Mot., at p. Category Nos. (Id. CITY OF IRWINDALE, a municipal corporation; and MARIO CAMACHO, individually and as Lieutenant for the Irwindale Police Department, MEMORANDUM* Defendants - Appellees. Why is this public record being published online? Copyright 2023 ), Pursuant to Category Nos. 18-19.) (CRC, rule 3.1345(a)(3), (c).). 4-5.) PROVO, Utah A 2-year-old child died Sunday after falling into some standing water and drowning near the Provo River. Defendant Camacho instructed Plaintiff to follow him in her vehicle and proceeded to lure Plaintiff to a deserted gravel lot. Plaintiffs Pitchess Motion for Discovery of Police Records is DENIED, with respect to the following categories of information sought from Defendant CityCategory Nos. On July 20, 2021, Jane Doe C.M.A. "We feel so blessed that ), Pitchess Motion for Discovery of Police Officer Records. 3 at p. (a). Photo provided as is by the Irwindale Police Department. 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. 8, 9, and 10. 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. 658.) (City of Santa Cruz, supra, 49 Cal.3d at pp. Get the most out of your investment. On March 30, 2021, Plaintiff additionally filed a Pitchess Motion for Discovery of Police Officer Records. WebPaul has worked his way up the ranks of the Lehi Police Department, spending time as a patrol officer, detective, and sergeant. Additionally, while Defendant City contends otherwise, the Court is unpersuaded that the information sought in Category Nos. 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. 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). Irwindale at p. C, D, E, F, H and J.) Official police records are subject to a privilege against disclosure that is held by both the officer and the department. Provo police said the incident did not occur in the Provo River, but at an inlet nearby. (b). Plaintiffs Motion is based upon the ground that, in response to Request Nos. (a)(3)). 12.2 is GRANTED. Choice of Consultant to Probe Feud Among Irwindale Police Adds to Unrest. Man arrested in fatal hit-and-run in Irwindale 2022-07-05. 5.) (Riske, supra, 6 Cal.App.5th at p. Proc., 2031.010, subd. This may be called Tools or use an icon like the cog. (Evid. (b)(2).) WebChetek Police Department. 10:7-18. 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. Specifically, Plaintiff seeks to hold Defendant City liable for the acts of Defendant Camacho pursuant to a theory of vicarious liability. 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. 8, 9, and 10, Defendant Camacho merely provided boilerplate objections, and failed to provide a substantive responses. 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