Irwindale has hired an interim police chief, but city leaders have yet to address its other police chief, Ty Henshaw, who has been on leave since last month. Please enable Essential Cookies first so that we can save your preferences! Defendant Camacho, then, followed Plaintiff home and prompted her to send him sexually explicit photographs. Code, 1045.) 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. (b)(2) [The motion shall include all of the following: (2) A description of the type of records or information sought.].) Categories of Records Requested for Production, Requests for Records and Information from Defendant City and Defendant Camacho. ), Plaintiffs Complaint alleges causes of action against Defendant City for Sexual Assault/Battery under Color of Law, Negligence, and Violation of Bane Act. 2023-01-03, Los Angeles County Superior Courts | Personal Injury | On today's show, the overlooked force motivating police departments to reform bad behavior not protests and picket signs, but spreadsheets and actuaries. 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. (Id. (b)(3). 5, 6, and 7 are statutorily inappropriate and outside the scope of the records which may be produced pursuant to a Pitchess Motion. Brian Huston, CE and Anthony Perkins, BICSI. (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]. Phone: 626-430-2244. Accordingly, the arguments advanced in Plaintiffs Motion and Separate Statement are superseded and would not operate to compel a further response from Defendant Camacho. 8, 9, and 10, on March 28, 2022 and April 8, 2022, respectively. 1-4 and 8-11 are material to the subject matter of the present litigation. 90-91.) This requirement is not disputed between the parties, and Defendant City has not represented it is not in possession of such records or information. 657.) 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. (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. Proc., 2031.310, subd. Effective July 20, 2020, all matters will be scheduled virtually and/or with audio through the Courts LACourtConnect technology. '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. Look for a box or option labeled Home Page (Internet Explorer, Firefox, Safari) or On Startup (Chrome). (Evid. "We feel so blessed that Plaintiff moves for an Order compelling Defendant Camachos further response to Request for Production of Documents, Set One, Nos. Do Not Sell My Personal Information. Gomez is being held on $1,000,000 bail. (DeMarco Decl., 7, Ex. JANE DOE C.M.A VS IRWINDALE POLICE DEPARTMENT, ET AL. On March 30, 2021, Plaintiff additionally filed a Pitchess Motion for Discovery of Police Officer Records. ), Records Requested from Defendant Camacho Only. 86. Or. Moreover, counsel for Defendant Camacho tried on several occasions to meet and confer with Plaintiffs counsel to no avail. Category Nos. 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). Suspicious. (Source: Irwindale Police Department @IrwindalePolice/Twitter) All social distancing protocols will be observed at the Courthouse and in the courtrooms. What are the rules & your rights when No Soliciting signs dont keep salespeople at bay? Code, 1043, subd. (Riske, supra, 6 Cal.App.5th at p. However, Evidence Code section 1045, subdivision (b)(1) does not operate as a bar to finding good cause with respect to a Pitchess motion. Plaintiffs Motion is based upon the ground that, in response to Request Nos. If you do not agree with these terms, then do not use our website and/or services. 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. Here, Plaintiff has failed to oppose Defendants motion or outline why the information Defendant Camacho seeks is privileged. 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. 6.) (Warrick v. Superior Court (2005) 35 Cal.4th 1011, 1016, quoting City of Santa Cruz, supra, 49 Cal.3d at p. Code, 1043, subd. 2016-06-13, Los Angeles County Superior Courts | Personal Injury | Provo police and fire medics responded to the Class Ropes Course area at 3606 W Center Street, CPR was administered. 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. 10/7/2022: Request for Dismissal - REQUEST FOR DISMISSAL - NOT ENTERED 10/07/2022, 3/30/2022: Motion for Discovery of Peace Officer Personnel Records (Pitchess Motion), 3/30/2022: Declaration - DECLARATION OF ANTHONY M. DEMARCO IN SUPPORT OF PLAINTIFF JANE DOE CMA'S PITCHESS MOTION FOR DISCOVERY OF POLICE OFFICER RECORDS, 4/11/2022: Opposition - OPPOSITION TO PLAINTIFFS MOTION AND PITCHESS MOTION FOR DISCOVERY OF POLICE OFFICER RECORDS; MEMORANDUM OF POINTS AND AUTHORITIES, 4/11/2022: Opposition - OPPOSITION TO PLAINTIFFS MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, 4/11/2022: Declaration - DECLARATION OF JOHN EKIMYAN, 4/11/2022: Opposition - OPPOSITION TO PLAINTIFFS NOTICE OF MOTION AND PITCHESS MOTION FOR DISCOVERY OF POLICE OFFICER RECORDS, 4/15/2022: Reply - REPLY IN SUPPORT OF PLAINTIFF'S PITCHESS MOTION FOR DISCOVERY OF POLICE OFFICER RECORDS, 4/15/2022: Declaration - DECLARATION OF ANTHONY M. DEMARCO IN SUPPORT OF PLAINTIFF'S REPLY OF PITCHESS MOTION FOR DISCOVERY OF POLICE OFFICER RECORDS, 4/15/2022: Reply - REPLY PLAINTIFF JANE DOE C.M.A. Salt Lake City police officers responded to a call at 2:41 a.m. about a stabbing at 32 E. Exchange Place. IRWINDALE . The moving party will have sufficiently made a showing of good cause when two elements are satisfied. The officers were forced to physically detain the suspect, during which an electro-muscular disruption technology (EMDT) device was successfully deployed. 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. (Evid. ), 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. Accordingly, Plaintiffs present Motion is DENIED as moot. 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..
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