Following these events, Plaintiff reported such conduct to Defendant City. A-B.) 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. Defendant asserts that if there are no interviews other than privileged interviews, then the plaintiff is required to answer None after asserting her objections. Case Number: *******6652 Hearing Date: April 22, 2022 Dept: 31. Copyright 2023 On March 21, 2021, Plaintiff filed a Motion to Compel Further Responses to Request for Production of Documents, Set One from Defendant Mario Camacho. (a)(3)). 5, 6, and 7 are statutorily inappropriate and outside the scope of the records which may be produced pursuant to a Pitchess Motion. (b)(3); City of Santa Cruz v. Municipal Court (1989) 49 Cal.3d 74, 90, quoting Black's Law Dict. (b)(3). Yolanda Orozco in Department 31 Stanley Mosk Courthouse, Case Number: *******6652 Hearing Date: July 29, 2022 Dept: 31. According to county jail records, Gomez was arrested at 6:48 a.m., 11 minutes after the alleged extended crime spree was first reported. All rights reserved. ), 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. 5, 6, and 7. 10:7-18. 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. The ambulance crew informed arriving officers at 1043, subd. Ex. All rights reserved. (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). 6.) (Evid. Since Plaintiff failed to do so, the response is insufficient. Plaintiffs Pitchess Motion for Discovery of Police Records is DENIED, with respect to the following categories of information sought from Defendant CityCategory Nos. 7.) We are honored to have Chief Hofford join our ranks! 1 and 2 fall outside of the scope of the present Pitchess Motion. Motion to Compel Further Responses to Requests for Production of Documents, Any party may obtain discovery . Irwindale Defendant Camacho instructed Plaintiff to follow him in her vehicle and proceeded to lure Plaintiff to a deserted gravel lot. (Id. However, Defendant Camacho asserts Plaintiff has failed to provide further responses to General Form Interrogatory 12.2. Code, 832.8, subd. Here, Plaintiff has failed to oppose Defendants motion or outline why the information Defendant Camacho seeks is privileged. WebThe Irwindale Police Department believes strongly in our mission to provide excellent service in policing by partnering with the community to enhance the quality of life. Cameron Police Department. 8, 9, and 10, Defendant Camacho merely provided boilerplate objections, and failed to provide a substantive responses. The ambulance crew informed arriving officers that the suspect fled the scene in a 2015 Peterbilt tractor-trailer. This field is for validation purposes and should be left unchanged. (Compl., 2-3.) He was then arrested without further incident, read the Irwindale PD release on the incident. The objects and categories of information sought by Plaintiff do not constitute records, as defined within Penal Code section 832.8. 2020-01-10, Los Angeles County Superior Courts | Personal Injury | The Court finds the description of the records requested is sufficient. Anyone with information is asked to call Irwindale Police at 626-430-2244 or report anonymously at LA Crime Stoppers, 1-800-222-TIPS (8477). (CCP 2030.290(c), 2030.300(d), 2031.300(c), 2031.310(h).) 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. ), 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. (Id. So that you can continue to enjoy HEYSOCAL's in-depth reporting, we ask that you please turn off your ad blocker and come on in, free of charge. May 18, 1986 12 AM PT. (b)(3).) Accordingly, Plaintiffs present Motion is DENIED as moot. (b)(3).) (Id. (i) Requests for Records and Information, Category Nos. In chambers examination of the documents requested is continued to August 8, 2022. 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. Lexipol. 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.. Specifically, Plaintiff seeks to hold Defendant City liable for the acts of Defendant Camacho pursuant to a theory of vicarious liability. 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. (Ekimyan Decl., 4-5, Exs. Provo police said the incident did not occur in the Provo River, but at an inlet nearby. 19-20. Cancellation and Refund Policy, Privacy Policy, and 12.) Second, the Court finds that Plaintiff has sufficiently declared that the categories of information requested are within Defendant Citys possession. Take this quiz before you apply to see if it will help you meet your goals. 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. 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. Gomez is being held on $1,000,000 bail. Plaintiff opposes the interrogatory on the grounds that it seeks attorney work-product, seeks information subject to sexual assault counselor privilege, and psychotherapist privilege. Further, the movant must submit a declaration showing good cause for the discovery of such records, setting forth both the records materiality to the subject matter of the pending litigation and the declarants reasonable belief that the identified government agency has the type of records which are being pursued. Category Nos. Further, Defendant Camachos supplemental responses are materially different than those responses upon which Plaintiffs Motion is currently based. 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. Rules of Court, rule 3.1345, subd. Officers were dispatched to Wymount Terrace, on a suspicious rattle at the door. 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. Irwindale, CA 91706. Pursuant to Category Nos. The suspect immediately got out of the semi-truck and began to flee on foot, ignoring the officers commands. 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. (Id. (CCP 2030.300(a).). On November 28, 2021, Plaintiff served the subject Requests for Production, Set One upon Defendant Camacho. finds relevant news, identifies important training information, Preliminary, the Court notes that Plaintiff does not solely request the production of records from Defendant City, but requests documents and physical objects within Defendant Camachos possession. 1-4 and 8-11. . ), 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. As to civil proceedings, this procedure has been codified in Evidence Code sections 1043 and 1046. Irwindale Police Department | LinkedIn On July 20, 2021, Jane Doe C.M.A. May 1, 2023, 3:07 PM | Updated: 6:26 pm. (DeMarco Decl., Ex. 2022-04-27, California Courts Of Appeal | Other | ), 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. Ex. WebWe appreciate the relationship we have with our local news outlets that allows us to get our information out to a broader audience. 2016-06-13, Los Angeles County Superior Courts | Personal Injury | (See Proof of Service, filed April 1, 2022.). (a). In his Separate Statement, Defendant Camacho outlines why the question is relevant, probative, and likely to lead to discoverable evidence. Accordingly, the Court finds that the documents sought in Category Nos. 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. Defendant Camachos request for sanctions is GRANTED in the reduced amount of $1,025.00, for 5 hours. Web11K Followers, 871 Following, 1,868 Posts - See Instagram photos and videos from Irwindale Police Department (@irwindalepolice) Irwindale Police Department Man Arrested in Connection to Fatal Hit-and-Run in Irwindale 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.. On a motion to compel, the responding party has the burden of establishing a valid objection, including any claim of privilege. #Irwindale #IrwindalePD #IrwindalePolice . Following a review of the relevant statutory scheme, as well as the parties moving, opposing, and reply arguments, the Court finds the categories of information sought from Defendant City, within Category Nos. Category Nos. ), 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. (Code Civ. (a).) Essential Cookies should be enabled at all times so that we can save your preferences for cookie settings. 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). Defendant Camacho proceeded to force Plaintiff to kiss him and place her hand on his erect penis. On July 20, 2021, Jane Doe C.M.A. (b). 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. 658.). Plaintiffs Pitchess Motion for Discovery of Police Officer Records was granted on April 22, 2022. Proc., 2031.310, subd. Case Details Man arrested in fatal hit-and-run in Irwindale 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. 8, 9, and 10, Defendant Camacho merely provided boilerplate objections, and failed to provide a substantive responses. BYU MBA at the Marriott School of Business. 9:9-10:6. PROVO, Utah A 20-month-old (h). WebIrwindale Police Department - Irwindale, California. Lafourche Parish Sheriff's Office. You can find more information about our Terms of Service and Privacy Policy, Enter your phone number to be notified if you win. 86. A Texas man was arrested Wednesday after allegedly holding paramedics at gunpoint and leading local police on a slow-speed pursuit that ultimately ended with him being tased along a roadside in Monrovia. It is permissible that a movant submits a declaration based on information and belief. 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. Irwindale police chief, second-in-command placed on leave Code, 1043, subd. Defendant Camachos request that Plaintiff prepare and serve further verified responses, without objection, to Form Interrogatories, General No. This requirement is not disputed between the parties, and Defendant City has not represented it is not in possession of such records or information. (Evid. 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 This website uses cookies to provide you with the best browsing experience. All rights reserved. (CCP 2030.290(c), 2030.300(d), 2031.300(c), 2031.310(h).) (Evid. 7.) (City of Santa Cruz, supra, 49 Cal.3d at pp. Nothing may be incorporated by reference. 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. (Id.) Members of the Provo City School District, Provo Police Department and the city as a whole were sent into a brief panic March 29 when a call was made to the police Irwindale ), Plaintiffs Complaint alleges causes of action against Defendant City for Sexual Assault/Battery under Color of Law, Negligence, and Violation of Bane Act. 14.) PROVO, Utah A 2-year-old child died after falling into some standing water near the Provo River Saturday. (b)(2).) Police searching for hit-and-run driver who killed man in Based on the foregoing, Plaintiffs Motion to Compel Further Responses to Request for Production of Documents Set One from Defendant Camacho is DENIED as MOOT. Baldwin Park man arrested after fatal hit and run in A few minutes later, Defendant Camacho allowed Plaintiff to drive away. Code, 832.8, subd. 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. 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 . "We feel so blessed that Police officers in California in the US were left bewildered after finding a boat parked beside the 'No Parking' signboard on March 5. 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. Further, the objects and categories of information sought by Plaintiff are not maintained by a state or local agency, here, Defendant City, but are alleged to be in the possession of Defendant Camacho only. (b)(1).) LA - Apr 02, 2023. Subscribe to our newsletter for this giveaway and many more. We will get in touch with you shortly. The motion must describe the type of records or information sought. Defendant Camacho, then, followed Plaintiff home and prompted her to send him sexually explicit photographs. Therefore, the motion is Moot as to interrogatories 6.2 and 6.3. 2015-04-10, Los Angeles County Superior Courts | Labor | This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. Learn about the different digital production printers and how they can help your company save time and money. (Id. 12.2 is GRANTED. (Compl., 1, 29, 35.) In one instance, the suspect fired upon a disabled motorist, forcing him to run across the freeway and in another instance, the suspect fired into an occupied vehicle, striking the vehicle with gunfire.. (Evid. (Cal. In a short time you can create new ones in seconds. (Mot., at pp. Editors note: This article has been edited following a correction from the Provo Police Department about the childs age. (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. 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. Pursuant to the present Pitchess Motion, Plaintiff requests Defendant Citys production of documents and deposition transcripts served and obtained with respect to a separate lawsuit filed in this Court, bearing the caption Alma Chavez v. City of Irwindale, and bearing Los Angeles Superior Court Case Number KC065226 (hereinafter, Chavez action). Enter https://www.police1.com/ and click OK. ), 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. C, D, E, F, H, and J.). 5, 6, and 7, Following a review of the relevant statutory scheme, as well as the parties moving, opposing, and reply arguments, the Court finds the categories of information sought from Defendant City, within Category Nos. (Min. Code, 1043, subd. Code, 1045.) The department provides law enforcement and substance abuse services for the city of Irwindale. Defendant Camacho also filed an Objection to Plaintiffs untimely opposition to Defendants motion. Phone: 626-430-2244. 14.) Copyright 2023 Proc., 2031.310, subd. (b)(1).) Rules of Court, rule 3.1345, subd. TODAY in SOCAL SoCalTelevision on Twitter: "#SoCalTelevision (CRC, rule 3.1345(a)(3), (c).). Lastly, Defendant Camacho argues that the records requested have not been sufficiently described, pursuant to Evidence Code 1043, subdivision (b)(2). B.). 7.) Code, 1043, subd. 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.. Lastly, Defendant Camacho argues that the records requested have not been sufficiently described, pursuant to Evidence Code 1043, subdivision (b)(2). 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. The Court agrees. (Id. ), Mamikonyan Decl. 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. Nothing of significance was located on scene To issue an anonymous tip online, go to lacrimestoppers.org. 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. Second, the moving party must state a reasonable belief that the governmental agency has the records or information from the records sought. EDDIE ARTEAGA VS STATE OF CALIFORNIA, ET AL. (ii) Remaining Request for Records and Information from the City. #SoCalTelevision #Alert >> Authorities with the Irwindale Police Department are seeking the publics help after a man and woman were found dead in a Find out more or adjust your settings. Appeal from the United States District Court for the Central District of California Jesus G. Bernal, District Judge, Presiding Submitted February 12, 2015** Lexipol. A loaded handgun was allegedly found in Gomezs possession at the time of his arrest. Police (b)(3).) A rescue effort at Weber River has now turned to a recovery effort following reports of someone screaming in the water and a woman in her 20's missing in the area. Following a review of the parties moving, opposing, and reply arguments, the Court finds Plaintiffs Motion is moot in light of Defendant Camachos service of a supplemental response on March 28, 2022, and a second supplemental response on April 8, 2022. at 1043, subd. Please fill out the form and we will submit a Media Kit directly to you. 01 May 2023 14:15:01 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). Boyle Heights Apr 18, 2022 Code 1043, subd. (Evid. Police Beat 04/27/2023 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. Irwindale Police Department On February 24, 2022, Defendant Camacho filed this Motion to Compel Further Responses to Form Interrogatories-General, Set One along with a Separate Statement. (DeMarco Decl., 7, Ex. 2-year-old dies from falling into standing water in Provo 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). IRWINDALE . WebEmergency: Call 911 Non-Emergency Dispatch Center - (801) 852-6210 Provo City Hall - 445 W. Center St. Suite 130, Provo, Utah 84601. 20-month-old toddler drowns near Provo River, police say Rules of Court, Rule 3.1345, subd. 8, 9, and 10. # # # # Media Contact Sergeant Diego Cornejo , Public Information Officer Phone ( 626 ) 430 - 2244 Defendant Camachos objection to Plaintiffs untimely Opposition will not be considered because Plaintiff has not filed an Opposition with the Court. (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.) If an interrogatory cannot be answered completely, it shall be answered to the extent possible. (CCP 2030.220(a),(b).). 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. 3 at p. Public Records Policy. Please enable Essential Cookies first so that we can save your preferences! Accordingly, the arguments advanced in Plaintiffs Motion and Separate Statement are superseded and would not operate to compel a further response from Defendant Camacho. (Id., rule 3.1345, subd. 15-16.) WebCity Of Irwindale Police Department. ), A demanding partys motion for an order compelling a further response must, additionally, be accompanied by a separate statement. 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