(CCP. WI - Apr 08, 2023. If so, for each individual state: a) The name, ADDRESS, and telephone number of the individual interviewed; c) The name, ADDRESS, and telephone number of the PERSON who conducted the interview.. ), 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. Plaintiffs Complaint alleges the following causes of action: (1) Sexual Assault under Color of Authority; (2) Negligence; and (3) Bane Civil Rights Act. (5th ed. On November 28, 2021, Plaintiff served the subject Requests for Production, Set One upon Defendant Camacho. On a motion to compel, the responding party has the burden of establishing a valid objection, including any claim of privilege. Read about the history of Lighting Design, a family-owned and operated business that paved the way for the lighting industry in Utah. California 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 ambulance crew informed arriving officers Have YOU OR ANYONE ACTING ON YOUR BEHALF interviewed any individual concerning the INCIDENT? Lexipol. Code, 832.8, subd. You've been added to our list and will hear from us soon. Proc., 2031.310, subd. It's the most comprehensive and trusted online destination for law enforcement agencies and police departments worldwide. Plaintiffs Complaint alleges the following causes of action: (1) Sexual Assault under Color of Authority; (2) Negligence; and (3) Bane Civil Rights Act. A loaded handgun was allegedly found in Gomezs possession at the time of his arrest. Plaintiffs Pitchess Motion for Discovery of Police Officer Records was granted on April 22, 2022. 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. (CRC, rule 3.1345(a)(3), (c).). Suspicious. A structured cabling system benefits businesses by giving you faster processing speeds and making your network more efficient and reliable. 8, 9, and 10, on March 28, 2022 and April 8, 2022, respectively. 2022-04-27, California Courts Of Appeal | Other | Boyle Heights Apr 18, 2022 (a)(3)). Hours: Monday through Sunday, 24 (Id. '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. May 18, 1986 12 AM PT. Copyright 2023 1-4 and 8-11. If an interrogatory cannot be answered completely, it shall be answered to the extent possible. (CCP 2030.220(a),(b).). (b)(3). 658.) (Id. Select the option or tab named Internet Options (Internet Explorer), Options (Firefox), Preferences (Safari) or Settings (Chrome). In a short time you can create new ones in seconds. 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. 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. 658.). 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. (e) [The court shall, in any case or proceeding permitting the disclosure or discovery of any peace or custodial officer records requested pursuant to Section 1043 , order that the records disclosed or discovered may not be used for any purpose other than a court proceeding pursuant to applicable law.].). (Evid. #SoCalTelevision #Alert >> Authorities with the Irwindale Police Department are seeking the publics help after a man and woman were found dead in a 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. Estimated read time: 1-2 minutes. ), Plaintiffs Complaint alleges causes of action against Defendant City for Sexual Assault/Battery under Color of Law, Negligence, and Violation of Bane Act. (Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1016, quoting City of Santa Cruz, supra, 49 Cal.3d at p. 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. (Davis v. City of Sacramento (1994) 24 Cal.App.4th 393, 401. Defendant Camacho, then, followed Plaintiff home and prompted her to send him sexually explicit photographs. To issue an anonymous tip online, go to lacrimestoppers.org. The information sought by Plaintiff is clearly out of the scope of the present Pitchess protocol. Effective July 20, 2020, all matters will be scheduled virtually and/or with audio through the Courts LACourtConnect technology. It should not take 13.8 hours to prepare a straightforward motion relating to one interrogatory. 19-20. Nor does the statute require the declarants personal knowledge. (i) Requests for Records and Information, Category Nos. (Evid. (b)(3).) Officers were dispatched to Wymount Terrace, on a suspicious rattle at the door. Ex. ), 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. Accordingly, the Court finds Defendants opposing arguments without merit. CITY OF IRWINDALE, a municipal corporation; and MARIO CAMACHO, individually and as Lieutenant for the Irwindale Police Department, MEMORANDUM* Defendants - Appellees. 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. (Evid. Country: United States Address 1: 5050 N Irwindale Ave City: Irwindale State: California Zip Code: 91706-2193 County: Los Angeles County Phone #: 626-962-3601 Fax #: 626-856-0471. Accordingly, the arguments advanced in Plaintiffs Motion and Separate Statement are superseded and would not operate to compel a further response from Defendant Camacho. (DeMarco Decl., Ex. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. 2023-01-03, Los Angeles County Superior Courts | Personal Injury | WebPhysical Address: 5050 N. Irwindale Avenue. Defendant Camacho submitted the Declaration of Artak Mamikony attesting to the defense counsels efforts to meet and confer with Plaintiff. It is enough that the moving partys belief be premised upon a rational inference from known or reasonably assumed facts. (Evid. (a) Categories of Records Requested for Production. 5, 6, and 7. 4-5.) Defendant asserts that if there are no interviews other than privileged interviews, then the plaintiff is required to answer None after asserting her objections. (b)(1).) Plaintiff and or Plaintiffs counsel is ordered to pay the sanctions within 30 days. Plaintiffs Motion to Compel Further Responses to Request for Production of Documents Set One from Defendant Camacho is DENIED as MOOT. A few minutes later, Defendant Camacho allowed Plaintiff to drive away. ), 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. 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.. He was set to appear in Citrus Municipal Court at 8:30 a.m. Friday. The Court finds the description of the records requested is sufficient. (Id. ), Pursuant to Category Nos. By MARK ARAX. Code, 1045, 915, subd. (Evid. 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. Plaintiffs Motion is based upon the ground that, in response to Request Nos. 5, 6, and 7 are not documents included within Defendant Camachos personnel file. 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. 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 Link: Police Department Page. 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. ), 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. WebCity Of Irwindale Police Department. Code, 1043, subd. Categories of Records Requested for Production, Requests for Records and Information from Defendant City and Defendant Camacho. 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. WebIrwindale Police Department - Irwindale, California. 7.) Los Angeles County Superior Courts | Other | Further, a demanding partys motion for an order compelling a further response must be accompanied by a meet and confer declaration under Section 2016.040. (Id., 2031.310, subd. 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. Find out more or adjust your settings. The identity of the family has not been released at this time. 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. On July 7, 2022, Plaintiff served Further Responses to Form Interrogatories-General, Set One as to interrogatories 6.2 and 6.3. (See Mot., at p. (h). Further, Plaintiffs Proof of Service demonstrates Defendant City has been properly served. 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. (Id.) MARIELA ISABEL AVILA VS CITY OF IRWINDALE, A CALIFORNIA MUNICIPALITY, ET AL. 657.) Rules of Court, rule 3.1345, subd. 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. WebChetek Police Department. Such an inquiry is left to the discretion of the trial court and will only be reversed upon a finding of abuse of discretion. 8, 9, and 10, Defendant Camacho merely provided boilerplate objections, and failed to provide a substantive responses. (CCP 2030.290(c), 2030.300(d), 2031.300(c), 2031.310(h).) Code, 1045.) (Ekimyan Decl., Ex. Your subscription has been confirmed. JANE DOE C.M.A VS IRWINDALE POLICE DEPARTMENT, ET AL. Type: Police Departments Population Served: 1200 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. 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. The Court ORDERS that any and all discoverable information eventually produced as a result of Plaintiffs. Defendant Camacho instructed Plaintiff to follow him in her vehicle and proceeded to lure Plaintiff to a deserted gravel lot. 10:7-18. 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. 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. 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. 04/22/22.) Code, 1043, subd. Once documents are produced in chambers, the Court will exclude information consisting of complaints concerning conduct occurring more than five years before the event or transaction that is the subject of the litigation, pursuant to Evidence Code section 1045, subdivision (b)(1). (Mamikonyan Decl. What are the rules & your rights when No Soliciting signs dont keep salespeople at bay? Plaintiffs Pitchess Motion for Discovery of Police Records is GRANTED, with respect to the following categories of information sought from Defendant CityCategory Nos. Given the Courts finding, Plaintiff will be unable to obtain production of these documents pursuant to the present Pitchess Motion.
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