7.) (Mot., at pp. (Compl., 8-9.) (Evid. Code 1045, subd. WI - Apr 08, 2023. 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. 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. 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. While it appears that Plaintiff served an Opposition to this Motion, Plaintiff did not filed any Opposition with 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. ), First, Plaintiff has demonstrated that the information sought pursuant to Category Nos. 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. A.) Specifically, once good cause is established, Evidence Code section 1045 provides that the Court must then examine the information in chambers in conformity with Evidence Code section 915 and shall exclude from disclosure information consisting of complaints concerning conduct occurring more than five years before the event or transaction that is the subject of the litigation. Code 1043, subd. (a) Categories of Records Requested for Production. Case Number: *******6652 Hearing Date: April 22, 2022 Dept: 31. 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. 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 EDDIE ARTEAGA VS STATE OF CALIFORNIA, ET AL. 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. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. Category Nos. Sandy resident builds wall to divert water away from property in anticipation of flooding, Man taking family camping near Utah Lake hit and killed; driver criminally charged, UPDATE: Two injured in shooting at SLC park, Search and rescue on scene following reports of person screaming in Weber River, Orem resident hospitalized after being knocked unconscious in snowmobile crash, Old Laptop Upgrades You Need to Try Before Throwing it Away. Keeping this cookie enabled helps us to improve our website. Baldwin Park man arrested after fatal hit and run in (a).). Official police records are subject to a privilege against disclosure that is held by both the officer and the department. (CRC, rule 3.1345(a)(3), (c).). Annual Pride march focuses on progress in Provo, BYU Counsel for Defendant stated that his hourly rate for this case is $205. 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. 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. 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. (DeMarco Decl., Ex. On a motion to compel, the responding party has the burden of establishing a valid objection, including any claim of privilege. 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. Finally, one place to get all the court documents we need. (b)(3).) Police are searching for an SUV driver who struck and killed a man in Irwindale on Saturday afternoon, April 29, 2023. In conjunction with the Courts finding above, the Court makes the following observation. On July 20, 2021, Jane Doe C.M.A. ), 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. On November 28, 2021, Plaintiff served the subject Requests for Production, Set One upon Defendant Camacho. The suspect immediately got out of the semi-truck and began to flee on foot, ignoring the officers commands. 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. (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. On July 7, 2022, Plaintiff served Further Responses to Form Interrogatories-General, Set One as to interrogatories 6.2 and 6.3. Irwindale Police Department | LinkedIn (a)(3)). finds relevant news, identifies important training information, (Courtesy of Irwindale Police Department) By (Min. Lexipol. (DeMarco Decl., 5.) 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. of Irwindale in Police Explorer 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. 14.) 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. Suspicious. 1-4 and 8-11. Code, 1043, subd. Accordingly, Plaintiffs present Motion is DENIED as moot. Reflections for Master Police Officer Joseph William Shinners, 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. 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 Pitchess Motion. (Id. Public Records Policy. 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. 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. (a).) Try these old laptop upgrades before throwing it out to keep it running fast and efficient. Proc., 2031.310, subd. Your request has been confirmed! (Evid. 1-4 and 8-11 are material to the subject matter of the present litigation. 5.) Post-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, Final 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, Post-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, Jury 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, On 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, On 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, Request for Dismissal; Filed by: JANE DOE C.M.A (Plaintiff), Request 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), ERROR with ROA message definition 129 with DismissalParty:2790633 resulted in empty message, ERROR with ROA message definition 129 with DismissalParty:2790634 resulted in empty message, Address for Anthony M. DeMarco (Attorney) updated, Case Management Conference scheduled for 11/18/2021 at 09:00 AM in Stanley Mosk Courthouse at Department 31, Notice of Case Management Conference; Filed by: Clerk, Summons 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), Complaint; Filed by: JANE DOE C.M.A (Plaintiff); As to: IRWINDALE POLICE DEPARTMENT (Defendant); THE CITY OF IRWINDALE (Defendant); MARIO CAMACHO (Defendant), Civil 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), Notice of Case Assignment - Unlimited Civil Case; Filed by: Clerk, Case assigned to Hon. Officers were dispatched to Wymount Terrace, on a suspicious rattle at the door. 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. 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. Before the Court, are two motions filed by Plaintiff: (A) Plaintiffs Pitchess Motion for Discovery of Police Officer Records, and (B) Plaintiffs Motion to Compel Further Responses to Request for Production of Documents, Set One from Defendant Mario Camacho. 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. WebCity Of Irwindale Police Department. spokesman for the Irwindale Police Department. ), 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.
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