(Id. Copyright 2023 In a short time you can create new ones in seconds. This website uses cookies to provide you with the best browsing experience. 658.). 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. Irwindale Police Department 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. Link: Police Department Page. This website uses Google Analyticsto collect anonymous information such as the number of visitors to the site, and the most popular pages. 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. The department provides law enforcement and substance abuse services for the city of Irwindale. (a).) As to civil proceedings, this procedure has been codified in Evidence Code sections 1043 and 1046. (a) Categories of Records Requested for Production. Plaintiff moves for an Order compelling Defendant Camachos further response to Request for Production of Documents, Set One, Nos. (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.].). (Cal. . 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.. Therefore, the motion is Moot as to interrogatories 6.2 and 6.3. Essential Cookies should be enabled at all times so that we can save your preferences for cookie settings. 657.) And the best part of all, documents in their CrowdSourced Library are FREE! Further, Defendant Camachos supplemental responses are materially different than those responses upon which Plaintiffs Motion is currently based. (Mamikonyan Decl. Please enable Essential Cookies first so that we can save your preferences! Defendant Camacho proceeded to make comments about Plaintiffs breasts, groin, butt, and legs, and informed Plaintiff he wanted to see more of her. (Id. Additional Information. 10:7-18. 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. Accordingly, the arguments advanced in Plaintiffs Motion and Separate Statement are superseded and would not operate to compel a further response from Defendant Camacho. '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. Learn how you can create strong passwords that are actually easy to remember! Additionally, while Defendant City contends otherwise, the Court is unpersuaded that the information sought in Category Nos. Following Plaintiffs filing of the present Motion, and pursuant to the parties meet and confer efforts, Defendant served two sets of supplemental responses to Request Nos. 1 and 2 fall outside of the scope of the present, Remaining Request for Records and Information from the City, upon a showing that the evidence sought is admissible or may lead to discovery of admissible evidence. (. Irwindale Police Department According to a statement from Irwindale Police Department, officers were dispatched to the 5000 block of Azusa Canyon Road after In contrast, Defendant Camachos supplemental responses do not merely assert objections, but provide averments that the relevant documents are no longer in the possession of Defendant. A.) Defendant Camacho proceeded to force Plaintiff to kiss him and place her hand on his erect penis. Lastly, Defendant Camacho argues that the records requested have not been sufficiently described, pursuant to Evidence Code 1043, subdivision (b)(2). 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. 8, Ex. PROVO, Utah A 2-year-old child died Sunday after falling into some standing water and drowning near the Provo River. Police are searching for an SUV driver who struck and killed a man in Irwindale on Saturday afternoon, April 29, 2023. Second, the Court finds that Plaintiff has sufficiently declared that the categories of information requested are within Defendant Citys possession. 2:22-23, 8:19-9:2.) (b). WebIrwindale Police Department - Irwindale, California. 7.) . 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. Your request has been confirmed! 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. When they arrived, they found a large crowd leaving the area 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 Baldwin Park man was arrested after he was involved in a fatal hit-and-run traffic collision on Saturday. Nothing may be incorporated by reference. If you disable this cookie, we will not be able to save your preferences. ), 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. Counsel for Defendant stated that his hourly rate for this case is $205. (Id. 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. (Source: Irwindale Police Department @IrwindalePolice/Twitter) 14.) Lafourche Parish Sheriff's Office. 2023-03-08, Los Angeles County Superior Courts | Personal Injury | (Ibid. Reserve Police Officer I - agency.governmentjobs.com Type: Police Departments Population Served: 1200 (i) Requests for Records and Information, Category Nos. 84. 3 at pp. To issue an anonymous tip online, go to lacrimestoppers.org. Reflections for Master Police Officer Joseph William Shinners, 2023-01-03, Los Angeles County Superior Courts | Personal Injury | 90-91.) On July 22, 2022, Defendant Camacho filed a Reply to Opposition to Plaintiffs Failure to Oppose the Motion. PROVO A toddler died Saturday after wandering away from family and being found in a pool of standing water near the Provo (b)(2) [The motion shall include all of the following: (2) A description of the type of records or information sought.].) City Of Irwindale Police Department - locator.lacounty.gov 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. The Court ORDERS that any and all discoverable information eventually produced as a result of Plaintiffs. 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. Proc., 2031.010, subd. (City of Santa Cruz, supra, 49 Cal.3d at pp. (Pen. Copyright 2023 Police1. 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. Plaintiff alleges that during this traffic stop, Defendant Camacho ordered Plaintiff to give him her phone, and proceeded to view sexually explicit photographs and videos Plaintiff had taken of herself. In response to Plaintiffs Requests for Production of Documents, Set Two, Defendant has objected to the production of the external litigation documents on the ground such documents are contained in internal affairs documents or peace officer personnel files, and thus, Plaintiff may only obtain such records pursuant to the filing of a Pitchess Motion. (b)(3).) 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. On February 24, 2022, Defendant Camacho filed this Motion to Compel Further Responses to Form Interrogatories-General, Set One along with a Separate Statement. (Id. 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. 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. (b)(1).) 2, Ex. ), The statutory good faith requirement is thus a two-pronged inquiry: (1) is the information being sought material to the proceeding; and (2) does the declarant state his reasonable belief that the agency has the type of information being sought. (a)(3).) EDDIE ARTEAGA VS STATE OF CALIFORNIA, ET AL. We will get in touch with you shortly. Second, the moving party must state a reasonable belief that the governmental agency has the records or information from the records sought. 5, 6, and 7, do not constitute records which are within the scope of the present Pitchess protocol. (Evid. (Ekimyan Decl., 4-5, Exs. 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. It should not take 13.8 hours to prepare a straightforward motion relating to one interrogatory. Code, 1043, subd. and manufacturers. Police1 is revolutionizing the way the law enforcement community C, D, E, F, H, and J.). Plaintiffs Complaint alleges the following causes of action: (1) Sexual Assault under Color of Authority; (2) Negligence; and (3) Bane Civil Rights Act. Sandy resident builds wall to divert water away from property in anticipation of flooding, Man taking family camping near Utah Lake hit and killed; driver criminally charged, UPDATE: Two injured in shooting at SLC park, Search and rescue on scene following reports of person screaming in Weber River, Orem resident hospitalized after being knocked unconscious in snowmobile crash, Old Laptop Upgrades You Need to Try Before Throwing it Away. 20-month-old toddler drowns near Provo River, police say The Provo Police Department said the family was near a ropes course in the area of 2606 West Center Street when James wandered away. 90-91.) The information sought by Plaintiff is clearly out of the scope of the present Pitchess protocol. Code, 832.8, subd. 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 Irwindale police C, D, E, F, H, and J. RONALD AUSTIN VS IRWINDALE POLICE DEPARTMENT, JANE DOE CR VS IRWINDALE POLICE DEPARTMENT ET AL, JANE DOE CB VS IRWINDALE POLICE DEPARTMENT ET AL. Defendant Camacho again demanded Plaintiff give him her phone and Defendant Camacho again viewed sexually explicit pictures and videos of Plaintiff. WI - Apr 08, 2023. Code, 1043, subd. Given the Courts finding, Plaintiff will be unable to obtain production of these documents pursuant to the present Pitchess Motion. (b)(3).). (a).) The identity of the family has not been released at this time. (Cal. 01 May 2023 14:15:01 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. Police Beat 04/27/2023 (b)(3); City of Santa Cruz v. Municipal Court (1989) 49 Cal.3d 74, 90, quoting Black's Law Dict. 12.) Police Beat 04/27/2023. Learn about the different digital production printers and how they can help your company save time and money. May 18, 1986 12 AM PT. All rights reserved. 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. 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. Irwindale Proc., 2031.310, subd. KTLA Get the most out of your investment. A demanding partys motion for an order compelling a further response must, additionally, be accompanied by a separate statement. 658.) (b)(1).) Try these old laptop upgrades before throwing it out to keep it running fast and efficient. Further, Plaintiffs Proof of Service demonstrates Defendant City has been properly served. Police Wondering what MBA program is right for you? 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. 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. Effective July 20, 2020, all matters will be scheduled virtually and/or with audio through the Courts LACourtConnect technology. (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]. 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..
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