irwindale police department

New training opportunities from an historic tragedy. Code, 1043, subd. (See Mot., at p. Or. We will get in touch with you shortly. (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]. 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. 01 May 2023 14:15:01 On a motion to compel, the responding party has the burden of establishing a valid objection, including any claim of privilege. All rights reserved. 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. (5th ed. Provo police said the incident did not occur in the Provo River, but at an inlet nearby. 8, 9, and 10, on February 4, 2022. 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.. Email the Police Department. 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. Counsel for Defendant stated that his hourly rate for this case is $205. 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. Plaintiffs Complaint alleges that, on July 21, 2019, Defendant Camacho laid in wait in front of Plaintiffs workplace, an adult entertainment club, pulling Plaintiff over when she was driving home at approximately 2:30 a.m. Plaintiff and or Plaintiffs counsel is ordered to pay the sanctions within 30 days. (Evid. 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. 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. (Id. Officers were dispatched to Wymount Terrace, on a suspicious rattle at the door. 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. Take this quiz before you apply to see if it will help you meet your goals. (Evid. A Baldwin Park man was arrested after he was involved in a fatal hit-and-run traffic collision on Saturday. Read about the history of Lighting Design, a family-owned and operated business that paved the way for the lighting industry in Utah. Pursuant to the present Pitchess Motion, Plaintiff requests Defendant Citys production of documents and deposition transcripts served and obtained with respect to a separate lawsuit filed in this Court, bearing the caption Alma Chavez v. City of Irwindale, and bearing Los Angeles Superior Court Case Number KC065226 (hereinafter, Chavez action). interacts online and researches product purchases 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. 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. Cancellation and Refund Policy, Privacy Policy, and 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. 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. #SoCalTelevision #Alert >> Authorities with the Irwindale Police Department are seeking the publics help after a man and woman were found dead in a Ex. Gomez is being held on $1,000,000 bail. 1-4 and 8-11 are material to the subject matter of the present litigation. Additionally, while Defendant City contends otherwise, the Court is unpersuaded that the information sought in Category Nos. (Id. Gomez is also suspected in a series of local freeway shootings, according to Irwindale PD. By clicking I Accept or using our site, you are consenting to the use of cookies unless you disable them. Police Beat 04/27/2023. WI - Apr 08, 2023. (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.) 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. Effective July 20, 2020, all matters will be scheduled virtually and/or with audio through the Courts LACourtConnect technology. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. 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. Plaintiffs Motion is based upon the ground that, in response to Request Nos. The parties are strongly encouraged to use LACourtConnect for all their matters. Accordingly, the Court finds Plaintiff has proffered sufficient evidence demonstrating good cause pursuant to the requirements outlined in Evidence Code section 1043. Try these old laptop upgrades before throwing it out to keep it running fast and efficient. No one was injured in the above-mentioned freeway shootings. (Id. ), Pursuant to Category Nos. The Court next addresses Defendants opposing arguments which the Court finds unpersuasive. at p. Irwindale police got a call around 6:30 a.m. about an armed man holding ambulance crew members at gunpoint in the 600 block of Live Oak Avenue. 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. In conjunction with the Courts finding above, the Court makes the following observation. How to Choose What MBA Program is Right for You: Take this Quiz Before You Apply! Your subscription has been confirmed. Any party may obtain discovery . 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. (Plaintiff) filed a Complaint against City of Irwindale (erroneously sued additionally as Irwindale Police Department), Mario Camacho, and Does 1 through 100 (collectively, Defendants). Here, Plaintiff has failed to oppose Defendants motion or outline why the information Defendant Camacho seeks is privileged. B.). (CCP 2030.290(c), 2030.300(d), 2031.300(c), 2031.310(h).) Motion to Compel Further Responses to Requests for Production of Documents, Any party may obtain discovery . (b)(1).) However, Defendant Camacho asserts Plaintiff has failed to provide further responses to General Form Interrogatory 12.2. (i) Requests for Records and Information, Category Nos. 7.) 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. (Cal. We are able to provide high-quality political journalism to you for free thanks to our advertisers. 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. Lafourche Parish Sheriff's Office. Times Staff Writer. 8, 9, and 10, Defendant Camacho merely provided boilerplate objections, and failed to provide a substantive responses. '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. The case status is Other. #Irwindale #IrwindalePD #IrwindalePolice . 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. The separate statement must comply with the requirements set forth in California Rules of Court, rule 3.1345, subdivision (c). Code, 1043, subd. ), 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. WebAnyone with information on the case was urged to call the Irwindale Police Departments Detective Bureau at 626-430-2239. 90. Ex. According to county jail records, Gomez was arrested at 6:48 a.m., 11 minutes after the alleged extended crime spree was first reported. (Cal. Defendant Camachos objection to Plaintiffs untimely Opposition will not be considered because Plaintiff has not filed an Opposition with the Court. 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. Proc., 2031.310, subd. (Id. On November 28, 2021, Plaintiff served the subject Requests for Production, Set One upon Defendant Camacho. Code, 1045, 915, subd. (Evid. . ), Pitchess Motion for Discovery of Police Officer Records. 90-91.) (h). Please enable Essential Cookies first so that we can save your preferences! 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. 2022-04-27, California Courts Of Appeal | Other | You can find more information about our Terms of Service and Privacy Policy, Enter your phone number to be notified if you win. (DeMarco Decl., Ex. 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. All social distancing protocols will be observed at the Courthouse and in the courtrooms. Category Nos. 14.) 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. Copyright 2023 Lexipol. 657. Such information clearly may lead to discovery of admissible evidence which Plaintiff may employ in order to prove her causes of action against Defendant City and Defendant Camacho. 658.). 5, 6, and 7. (c). On March 30, 2021, Plaintiff additionally filed a Pitchess Motion for Discovery of Police Officer Records. Additionally, the Court notes that as a result of Defendant Camachos service of supplemental responses, Plaintiffs Separate Statement no longer complies with California Rules of Court, rule 3.1345, subdivision (c), which requires a partys separate statement to include the text of each response, answer, or objection, and any further responses or answers to each of the discovery requests in dispute. The Judge overseeing this case is YOLANDA OROZCO. 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. A demanding partys motion for an order compelling a further response must, additionally, be accompanied by a separate statement. JANE DOE C.M.A VS IRWINDALE POLICE DEPARTMENT, ET AL. 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. The Court considers Plaintiffs Motions, in turn. CITY OF IRWINDALE, a municipal corporation; and MARIO CAMACHO, individually and as Lieutenant for the Irwindale Police Department, MEMORANDUM* Defendants - Appellees. 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. (b)(2).) 2020-01-10, Los Angeles County Superior Courts | Personal Injury | 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. Following a review of the parties moving, opposing, and reply arguments, the Court finds Plaintiffs Motion is moot in light of Defendant Camachos service of a supplemental response on March 28, 2022, and a second supplemental response on April 8, 2022. Plaintiffs Complaint alleges the following causes of action: (1) Sexual Assault under Color of Authority; (2) Negligence; and (3) Bane Civil Rights Act. 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. Plaintiff moves for an Order compelling Defendant Camachos further response to Request for Production of Documents, Set One, Nos. 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 child was found a short time later in a small area of standing water. 2, Ex. By MARK ARAX. (Evid. 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. (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). Type: Police Departments Population Served: 1200 All rights reserved. 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. 4-5.) 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. 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. Accordingly, the Court finds Defendants opposing arguments without merit. (a). 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. (Compl., 1, 29, 35.) (b)(2).) Web11K Followers, 871 Following, 1,868 Posts - See Instagram photos and videos from Irwindale Police Department (@irwindalepolice) Irwindale Police Department 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 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. Enter https://www.police1.com/ and click OK. (a) [Pitchess motion must be served upon the governmental agency that has custody and control of the records].) 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, 832.8, subd. Specifically, Plaintiff seeks to hold Defendant City liable for the acts of Defendant Camacho pursuant to a theory of vicarious liability.
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