), A demanding partys motion for an order compelling a further response must, additionally, be accompanied by a separate statement. Emergency Phone: 911. A Provo police officer watches as participants of the Cougar Pride Center march along Center Street in Provo on Saturday, April 29, 2023. 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. 12.2 is GRANTED. 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. Plaintiffs Motion is based upon the ground that, in response to Request Nos. Appeal from the United States District Court for the Central District of California Jesus G. Bernal, District Judge, Presiding Submitted February 12, 2015** All rights reserved. (b)(3).) (CRC, rule 3.1345(a)(3), (c).). Defendant requests that Plaintiff be ordered to provide a further response to interrogatory 12.2. Chief Hofford states is excited to join the Irwindale Police Department and looks forward to serving the members of the police department and the Irwindale Community . Code, 1043, subd. (ii) Remaining Request for Records and Information from the City. The Court next addresses Defendants opposing arguments which the Court finds unpersuasive. This website uses cookies to provide you with the best browsing experience. On March 21, 2021, Plaintiff filed a Motion to Compel Further Responses to Request for Production of Documents, Set One from Defendant Mario Camacho. (b)(2).) (b)(3).) The Court considers Plaintiffs Motions, in turn. While many Utahns put up signs to keep solicitors from knocking on their doors, a man in Sandy says the knocks keep coming. 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. According to county jail records, Gomez was arrested at 6:48 a.m., 11 minutes after the alleged extended crime spree was first reported. (c). 7.) (Pitchess v. Superior Court (1974) 11 Cal.3d 531, 536-37.) (Mamikonyan Decl. 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. "We feel so blessed that 8, 9, and 10, Defendant Camacho merely provided boilerplate objections, and failed to provide a substantive responses. 657.) (Ekimyan Decl., Ex. Specifically, pursuant to Category Nos. ), Defendant Camacho is also seeking sanctions in the amount of $4,264.00 against Plaintiff and/or her counsel of record, Anthony De Marco. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, In conjunction with the Courts finding above, the Court makes the following observation. Times Staff Writer. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. 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. How to Choose What MBA Program is Right for You: Take this Quiz Before You Apply! WebCity Of Irwindale Police Department. Defendant Camacho, then, followed Plaintiff home and prompted her to send him sexually explicit photographs. Lafourche Parish Sheriff's Office. However, the Court is unpersuaded as the statutory provision does not require the moving party to identify the particular records being sought; rather, it is enough that the moving party describes the records by type. A structured cabling system benefits businesses by giving you faster processing speeds and making your network more efficient and reliable. The Court finds the description of the records requested is sufficient. Code, 1045.) Therefore, the motion is Moot as to interrogatories 6.2 and 6.3. Suspicious. A man and a woman were found dead inside of a van that had been impounded in Irwindale on Wednesday, April 26, and their cause of death was under investigation. C, D, E, F, H, and J. Look for a box or option labeled Home Page (Internet Explorer, Firefox, Safari) or On Startup (Chrome). It is permissible that a movant submits a declaration based on information and belief. Case Number: *******6652 Hearing Date: April 22, 2022 Dept: 31. (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.].). 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. (Id. This requirement is not disputed between the parties, and Defendant City has not represented it is not in possession of such records or information. 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. Los Angeles County Superior Courts | Other | 2023-03-08, Los Angeles County Superior Courts | Personal Injury | We are honored to have Chief Hofford join our ranks! 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 Official police records are subject to a privilege against disclosure that is held by both the officer and the department. Such information would undoubtedly be included within the personnel records of Defendant Camacho, or in other official records of the Defendant City. (a).). The Court ORDERS that any and all discoverable information eventually produced as a result of Plaintiffs. 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. 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. at p. Category Nos. On March 30, 2021, Plaintiff additionally filed a Pitchess Motion for Discovery of Police Officer Records. By MARK ARAX. 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. This means that every time you visit this website you will need to enable or disable cookies again. 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). WI - Apr 08, 2023. Copyright 2023 Police1. 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. 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. . WebEmergency: Call 911 Non-Emergency Dispatch Center - (801) 852-6210 Provo City Hall - 445 W. Center St. Suite 130, Provo, Utah 84601. 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. Harrison Epstein, Daily Herald Accordingly, the Court finds such an argument unpersuasive. (CCP 2030.300(c).) 2016-06-13, Los Angeles County Superior Courts | Personal Injury | Category Nos. ), 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. (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.) Ex. (Mot., at pp. (Id. (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). On July 22, 2022, Defendant Camacho filed a Reply to Opposition to Plaintiffs Failure to Oppose the Motion. IRWINDALE . Presently, pursuant to Plaintiffs Pitchess Motion, Plaintiff requests the production of Defendant Camachos personal cell phone, which was used on July 21, 2019 and August 25, 2019, as well as, all electronically stored information, photographs, and communications relating to any and all female members of the public, for which Defendant Camacho obtained or captured while he was on duty as a sworn police officer, and for his own personal use. The suspect immediately got out of the semi-truck and began to flee on foot, ignoring the officers commands. A 62-year-old man was flown to Utah Valley Hospital Monday after officials say he crashed into a tree while on his snowmobile and was knocked unconscious.
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