Judge: Joel R Wohlfeil, Case: 37-2023-00024369-CU-PO-CTL, Date: 2024-05-23 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 23, 2024

05/23/2024  03:00:00 PM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2023-00024369-CU-PO-CTL QUEST VS DOE [IMAGED] CAUSAL DOCUMENT/DATE FILED:

The Court's March 15, 2024 minute order (ROA # 142) states, in part: 'The Motion (ROA # 100, 134) of Plaintiff Alexander Quest ('Plaintiff') for an evidentiary hearing under California Evidence Code 1043, pertaining to Request No. 14 of Plaintiff's Request for Production of Documents and Things, Set No. One (1) ('Production Requests'), and for order compelling Defendants City of San Diego and San Diego Police Department ('Defendants') to produce all responsive documents and things to Plaintiff's Production Request No. 14, is GRANTED IN PART and will be HEARD IN PART.

The Court finds that the requested documents ('All DOCUMENTS and COMMUNICATIONS, electronic or otherwise, pertaining to officer / employee / contractor personnel photograph(s) and personnel files, including any disciplinary measures, reprimands, suspensions, and histories, for the officers, employees, and/or contractors responding to, or present on the scene of, the INCIDENT underlying Event Number E23060011592 and / or Case Number 23034031 and/or Report Number 23034031.1, including, but not limited to, Samuel Morales, Tanarat Crowe, Samuel Hernandez, Laura Easler, Mark Lopez, and Jason Darby, as well as rank or badge numbers 6858, 1791, 1703, 9956, 5892, and 7152.') are relevant or reasonably calculated to lead to the discovery of admissible evidence on the subject of one or more of Plaintiff's claims and Defendants' denials and defenses.

The declaration of Plaintiff (ROA # 99), combined with the allegations in Plaintiff's SAC, provide good cause to warrant an in camera review of the records under Evidence Code 1043 - 1047.

The Court specially sets an in camera evidentiary hearing.' After one or more continuances (ROA # 177, 183), the Court will conduct an in camera review of the personnel files of Officers Samuel Morales, Tanarat Crowe, Samuel Hernandez, Laura Easler, Mark Lopez and Jason Darby.

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