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WebChetek Police Department. Your subscription has been confirmed. (CCP 2030.300(c).) (Evid. Or. Los Angeles County Superior Courts | Other | Editors note: This article has been edited following a correction from the Provo Police Department about the childs age. 5, 6, and 7 are statutorily inappropriate and outside the scope of the records which may be produced pursuant to a Pitchess Motion. Toddler drowns in inlet near Provo River | KSL.com 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. (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). (b)(1).) As to civil proceedings, this procedure has been codified in Evidence Code sections 1043 and 1046. IRWINDALE POLICE DEPARTMENT 657.) Anyone with pertinent information relating to these incidents is urged to contact Irwindale PD Detective Diego Cornejo at (626) 430-2290 or by email at dcornejo@irwindaleca.gov. ), First, Plaintiff has demonstrated that the information sought pursuant to 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. (, Mamikonyan Decl. 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 According to a statement from Irwindale Police Department, officers were dispatched to the 5000 block of Azusa Canyon Road after 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. Take this quiz before you apply to see if it will help you meet your goals. Look for a box or option labeled Home Page (Internet Explorer, Firefox, Safari) or On Startup (Chrome). 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. However, Defendant Camacho asserts Plaintiff has failed to provide further responses to General Form Interrogatory 12.2. If you do not agree with these terms, then do not use our website and/or services. Hours: Monday through Sunday, 24 You've been added to our list and will hear from us soon. The Court considers Plaintiffs Motions, in turn. 1 and 2 fall outside of the scope of the present Pitchess Motion. (CCP. A motion to compel further responses must be accompanied by a separate statement listing each discovery request to which a further response is requested, the responses given, and the factual and legal reasons for compelling it. 5, 6, and 7 are not documents included within Defendant Camachos personnel file. Try these old laptop upgrades before throwing it out to keep it running fast and efficient. B.). ), 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. Defendant Camacho, then, followed Plaintiff home and prompted her to send him sexually explicit photographs. It's the most comprehensive and trusted online destination for law enforcement agencies and police departments worldwide. (Evid. 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. Evidence Code sections 1043 and 1045 provide a procedural mechanism for the disclosure of peace or custodial officer personnel records or [personnel investigative] records maintained by a state or local agency. (Cal. (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.) 8, 9, and 10, Defendant Camacho merely provided boilerplate objections, and failed to provide a substantive responses. #SoCalTelevision #Alert >> Authorities with the Irwindale Police Department are seeking the publics help after a man and woman were found dead in a Enter https://www.police1.com/ and click OK. "We feel so blessed that ), Motion to Compel Further Responses to Request for Production of Documents. ), 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. 1-4 and 8-11, Plaintiff moves to compel Defendants production of Defendant Camachos personnel records which would reveal the following information: (1) the identity of witnesses holding personal knowledge of the two occasions of sexual harassment alleged in Plaintiffs Complaint, (2) documents relating to Defendant Camachos work shift on the two days Plaintiff alleges she was sexually harassed and assaulted, (3) records pertaining to the prior incident of sexual assault involving Defendant Camacho and a co-worker, (4) former complaints of sexual harassment or assault made against Defendant Camacho, and (5) documents revealing Defendant Camachos current employment status with Defendant City. 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. Second, the moving party must state a reasonable belief that the governmental agency has the records or information from the records sought. However, Evidence Code section 1045, subdivision (b)(1) does not operate as a bar to finding good cause with respect to a Pitchess motion. (Id., rule 3.1345, subd. 658.) Plaintiff moves for an Order compelling Defendant Camachos further response to Request for Production of Documents, Set One, Nos. Ex. After sweeping the area, officers found the suspect vehicle near the intersection of Longden Avenue and Myrtle Avenue in Irwindale. Subscribe to our newsletter for this giveaway and many more. 90-91.) 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. Plaintiff additionally alleges Defendant City ratified Defendant Camachos conduct by failing to adequately investigate, discharge, or discipline Defendant Camacho, after knowing Defendant Camacho had previously sexually harassed a female co-worker prior to the events relevant to Plaintiffs Complaint. According to county jail records, Gomez was arrested at 6:48 a.m., 11 minutes after the alleged extended crime spree was first reported. Rules of Court, rule 3.1345, subd. 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. Motion to Compel Further Responses to Requests for Production of Documents, Any party may obtain discovery . (Compl., 2-3.) 5, 6, and 7. (b). (Min. (b). Homeowners along Little Willow Creek in Sandy are gearing up for floodwaters with sandbags, but one resident is taking it a step further to protect his home. 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. at 1043, subd. As Defendant Camacho has served supplemental responses, Plaintiffs present Motion is aimed at discovery responses which have been superseded by Defendants supplemental responses. Irwindale, CA 91706. IRWINDALE (Id. Appeal from the United States District Court for the Central District of California Jesus G. Bernal, District Judge, Presiding Submitted February 12, 2015** 90-91.) 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. On February 4, 2022, Defendant Camacho served responses to Plaintiffs Requests for Production, Set One. Therefore, the motion is Moot as to interrogatories 6.2 and 6.3. Defendant asserts that if there are no interviews other than privileged interviews, then the plaintiff is required to answer None after asserting her objections. Learn about the different digital production printers and how they can help your company save time and money. 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. A loaded handgun was allegedly found in Gomezs possession at the time of his arrest. C, D, E, F, H, and J.). (See Proof of Service, filed April 1, 2022.). 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. (Source: Irwindale Police Department @IrwindalePolice/Twitter) Cameron Police Department. Boyle Heights Apr 18, 2022 ), Plaintiff requests the production of the following categories of records from Defendant Camacho only: (1) 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. It was found that the same suspect and vehicle were involved in a number of other incidents on the I-210 (Foothill Freeway) between the cities of Rancho Cucamonga and Azusa in which the suspect brandished and fired the firearm, read the Irwindale PD release on the incident. 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. On July 22, 2022, Defendant Camacho filed a Reply to Opposition to Plaintiffs Failure to Oppose the Motion. (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.].). 1979) at p. May 18, 1986 12 AM PT. (See Mot., at p. 4-5.) The motion must describe the type of records or information sought. 8, 9, and 10. 2022-04-27, California Courts Of Appeal | Other | Accordingly, the Court finds that the documents sought in Category Nos. 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. (Ekimyan Decl., 4-5, Exs. Such an inquiry is left to the discretion of the trial court and will only be reversed upon a finding of abuse of discretion. We are able to provide high-quality political journalism to you for free thanks to our advertisers. Fraijo was fired from the Irwindale Police Department in February, according to Chief Anthony Miranda.