Lexipol. Defendant Camacho proceeded to make comments about Plaintiffs breasts, groin, butt, and legs, and informed Plaintiff he wanted to see more of her. (Id. (c). 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. (ii) Remaining Request for Records and Information from the City. Code 1045, subd. Code, 1043, subd. The Court next addresses Defendants opposing arguments which the Court finds unpersuasive. 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. 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. 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. 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. First, the moving party must demonstrate that the information sought is material to the subject matter of the pending litigation. (Mot., at pp. 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. Irwindale LA - Apr 02, 2023. (a). (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]. (1) PITCHESS MOTION FOR DISCOVERY OF POLICE OFFICER RECORDS IS GRANTED, IN PART; (2) MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AGAINST DEFENDANT MARIO CAMACHO IS DENIED, AS MOOT. 04/22/22.) All rights reserved. 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. 4-5.) The Provo Police Department said the family was near a ropes course in the area of 2606 West Center Street when James wandered away. Defendant Camacho instructed Plaintiff to follow him in her vehicle and proceeded to lure Plaintiff to a deserted gravel lot. Accordingly, the arguments advanced in Plaintiffs Motion and Separate Statement are superseded and would not operate to compel a further response from Defendant Camacho. Defendant Camacho again demanded Plaintiff give him her phone and Defendant Camacho again viewed sexually explicit pictures and videos of Plaintiff. It is enough that the moving partys belief be premised upon a rational inference from known or reasonably assumed facts. (Evid. (DeMarco Decl., 5.) ), Pitchess Motion for Discovery of Police Officer Records. 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. Code, 1045, subd. Defendant Camacho, then, followed Plaintiff home and prompted her to send him sexually explicit photographs. 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. (Evid. (DeMarco Decl., Ex. 5, 6, and 7. (b)(3).) Irwindale (Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1016, quoting City of Santa Cruz, supra, 49 Cal.3d at p. ), 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. (Code Civ. Thank you @kcalnews for your assistance with this case. (Evid. All rights reserved. Code 1043, subd. (DeMarco Decl., 7, Ex. (Evid. Accordingly, the information and objects sought by Plaintiffs Pitchess Motion with respect to Defendant Camacho only outside of the scope of the records which may be produced pursuant to a Pitchess Motion. (Evid. Additionally, while Defendant City contends otherwise, the Court is unpersuaded that the information sought in Category Nos. Rules of Court, Rule 3.1345, the responding party has the burden of establishing a valid objection, including any claim of privilege. The identity of the family has not been released at this time. Essential Cookies should be enabled at all times so that we can save your preferences for cookie settings. Photo provided as is by the Irwindale Police Department. The suspect, 37-year-old El Paso, Texas resident Johnathan Gomez, was arrested and booked into West Covina Jail after being medically cleared at a local hospital. Plaintiffs Pitchess Motion for Discovery of Police Records is GRANTED, with respect to the following categories of information sought from Defendant CityCategory Nos. 5, 6, and 7, do not constitute records which are within the scope of the present Pitchess protocol. (Compl., 2-3.) (Id., rule 3.1345, subd. at p. Code, 1043, subd. (Id. Personnel records as defined by Penal Code section 832.8 include, the following: (1) personal data, including marital status, family members, educational and employment history, home addresses, or similar information,; (2) Medical history, (3) Election of employee benefits, (4) Employee advancement, appraisal, or discipline, (5) Complaints, or investigations of complaints, concerning an event or transaction in which he or she participated, or which he or she perceived, and pertaining to the manner in which he or she performed his or her duties, and (5) Any other information the disclosure of which would constitute an unwarranted invasion of personal privacy. (Pen. Code, 1043, subd. 15-16.) WebCity Of Irwindale Police Department. (Cal. Specifically, pursuant to Category Nos. (a)(3).) C, D, E, F, H, and J. (i) Requests for Records and Information, Category Nos. ), 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. (b)(3); City of Santa Cruz v. Municipal Court (1989) 49 Cal.3d 74, 90, quoting Black's Law Dict. 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.. Plaintiffs Complaint alleges the following causes of action: (1) Sexual Assault under Color of Authority; (2) Negligence; and (3) Bane Civil Rights Act. #Irwindale #IrwindalePD #IrwindalePolice . Code, 1043, subd. LEHI SELECTS DARREN PAUL AS NEW POLICE CHIEF - Lehi City (Davis v. City of Sacramento (1994) 24 Cal.App.4th 393, 401. Proc., 2031.310, subd. Effective July 20, 2020, all matters will be scheduled virtually and/or with audio through the Courts LACourtConnect technology. 5, 6, and 7 are not documents included within Defendant Camachos personnel file. Estimated read time: 1-2 minutes. The ambulance crew informed arriving officers Code, 1043, subd. Irwindale police responded to a possible medical 5, 6, and 7 are not documents included within Defendant Camachos personnel file. 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. Fraijo was fired from the Irwindale Police Department in February, according to Chief Anthony Miranda. Irwindale Here, Plaintiff has failed to oppose Defendants motion or outline why the information Defendant Camacho seeks is privileged. 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. Why is this public record being published online? A-B.) To issue an anonymous tip online, go to lacrimestoppers.org. (Riske, supra, 6 Cal.App.5th at p. of Irwindale in Police Explorer Plaintiffs Pitchess Motion for Discovery of Police Officer Records was granted on April 22, 2022. 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. Following these events, Plaintiff reported such conduct to Defendant City. Child dies after falling into Provo River - fox13now.com Spring run-off/swift-water was not a factor.. Proc., 2031.010, subd. Since there was no opposition, defense counsel only spent 13.8 on the motion amounting to a total of $2,829.00. Category Nos. 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. Win a $50 gift card to Twohey's Restaurant! For interrogatories, each answer in the response must be as complete and straightforward as the information reasonably available to the responding party permits. A. Pitchess Motion For Discovery of Police Officer Records, Official police records are subject to a privilege against disclosure that is held by both the officer and the department. 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. Also, stay in the loop for SoCal news and updates. 5, 6, and 7, do not constitute records which are within the scope of the present, are statutorily inappropriate and outside the scope of the records which may be produced pursuant to a. ), A Pitchess motion provides a discovery procedure by which plaintiffs may compel the discovery of information contained in a police officers confidential personnel files if the plaintiff can make general allegations which establish some cause for discovery thereof. Provo Police | City of Provo, UT Ex. Yolanda Orozco in Department 31 Stanley Mosk Courthouse, Case Number: *******6652 Hearing Date: July 29, 2022 Dept: 31. 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. (a). Salt Lake City police officers responded to a call at 2:41 a.m. about a stabbing at 32 E. Exchange Place. (Mamikonyan Decl. 1-4 and 8-11 are material to the subject matter of the present litigation. What are the rules & your rights when No Soliciting signs dont keep salespeople at bay? 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. 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. Code, 1043, subd. Police Beat 04/27/2023 According to county jail records, Gomez was arrested at 6:48 a.m., 11 minutes after the alleged extended crime spree was first reported. ), Motion to Compel Further Responses to Request for Production of Documents. ), 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. 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. The moving party will have sufficiently made a showing of good cause when two elements are satisfied. (b)(1).) Plaintiff requests the production of the following categories of records from Defendant Camacho only: (1). (Id. Irwindale Baldwin Park man arrested after fatal hit and run in Irwindale Police Department Irwindale Lafourche Parish Sheriff's Office. No one was injured in the above-mentioned freeway shootings. Any party may obtain discovery . The information sought by Plaintiff is clearly out of the scope of the present Pitchess protocol. 5.) 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.. Ex. Please enable Essential Cookies first so that we can save your preferences! The Court agrees. (Min. Irwindale, CA 91706. Get the most out of your investment. 8, 9, and 10, on February 4, 2022. ), 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. 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. Brian Huston, CE and Anthony Perkins, BICSI. Following a review of the parties moving, opposing, and reply arguments, as well as the relevant requirements codified within governing statutory scheme, the Court finds Plaintiff has established good cause to warrant the production of the remaining categories of documents from Defendant City for an in-camera review by this Court. A.) After-action report examines successes, failures of response to Defendant Camachos request for sanctions is GRANTED in the reduced amount of $1,025.00, for 5 hours. 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. While it appears that Plaintiff served an Opposition to this Motion, Plaintiff did not filed any Opposition with the Court. Police are searching for an SUV driver who struck and killed a man in Irwindale on Saturday afternoon, April 29, 2023. 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. Choice of Consultant to Probe Feud Among Irwindale Police Adds to Unrest. (Courtesy of Irwindale Police Department) By (b)(2).) 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. 2023-01-03, Los Angeles County Superior Courts | Personal Injury | Law enforcement officers from the Irwindale Police Department made an arrest in connection with a fatal hit-and-run traffic collision that occurred on the previous day, according to a recent press release. Editors note: This article has been edited following a correction from the Provo Police Department about the childs age. spokesman for the Irwindale Police Department. (Pen. We are honored to have Chief Hofford join our ranks! (a) Categories of Records Requested for Production. Defendant Camachos request that Plaintiff prepare and serve further verified responses, without objection, to Form Interrogatories, General No. Copyright 2023 IRWINDALE . On November 28, 2021, Plaintiff served the subject Requests for Production, Set One upon Defendant Camacho. On 07/20/2021 JANE DOE C M A filed a Civil Right - Other Civil Right lawsuit against IRWINDALE POLICE DEPARTMENT,. You can find more information about our Terms of Service and Privacy Policy, Enter your phone number to be notified if you win. (Source: Irwindale Police Department @IrwindalePolice/Twitter) PROVO A toddler died Saturday after wandering away from family and being found in a pool of standing water near the Provo In his Separate Statement, Defendant Camacho outlines why the question is relevant, probative, and likely to lead to discoverable evidence. 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 ), Plaintiffs Complaint alleges causes of action against Defendant City for Sexual Assault/Battery under Color of Law, Negligence, and Violation of Bane Act. It should not take 13.8 hours to prepare a straightforward motion relating to one interrogatory. 14.) Anyone with information about the case (Compl., 8-9.) (b). PROVO, Utah A 2-year-old child died after falling into some standing water near the Provo River Saturday. (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 March 21, 2021, Plaintiff filed a Motion to Compel Further Responses to Request for Production of Documents, Set One from Defendant Mario Camacho. . Proc., 2031.210, subd. Cancellation and Refund Policy, Privacy Policy, and Counsel for Defendant stated that his hourly rate for this case is $205. On July 20, 2021, Jane Doe C.M.A. This website uses cookies so that we can provide you with the best user experience possible. On February 4, 2022, Defendant Camacho served responses to Plaintiffs Requests for Production, Set One. (Id. (b)(3).) May 1, 2023, 3:07 PM | Updated: 6:26 pm. EDDIE ARTEAGA VS STATE OF CALIFORNIA, ET AL. (Pitchess v. Superior Court (1974) 11 Cal.3d 531, 536-37.) Provo police said the incident did not occur in the Provo River, but at an inlet nearby. ), 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. Irwindale (Evid. On a motion to compel, the responding party has the burden of establishing a valid objection, including any claim of privilege. ), First, Plaintiff has demonstrated that the information sought pursuant to Category Nos. Therefore, Defendant has complied with the meet and confer requirement.