Judge: Maurice A. Leiter, Case: 23STCV14185, Date: 2024-04-09 Tentative Ruling

Case Number: 23STCV14185    Hearing Date: April 9, 2024    Dept: 54

Hearing Date: April 9, 2024

Department 54, Judge Maurice A. Leiter

Pitchess Motion

Moving Party: Plaintiff Sara Marin

Responding Party: Defendant City of Los Angeles

T/R:     PLAINTIFF’S PITCHESS MOTION IS GRANTED.

PLAINTIFF TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers, opposition, and reply.

“A party seeking discovery of a peace officer's personnel records must follow a two-step process.  First, the party must file a written motion describing the type of records sought, supported by ‘[a]ffidavits showing good cause for the discovery. . ., setting forth the materiality thereof to the subject matter involved in the pending litigation and stating upon reasonable belief that the governmental agency identified has the records or information from the records.’  [Cal. Evid. Code § 1043(b)(3).]  This initial burden is a ‘relatively relaxed standard [ ].’  Information is material if it ‘“will facilitate the ascertainment of the facts and a fair trial.”’  ‘[A] declaration by counsel on information and belief is sufficient to state facts to satisfy the “materiality” component of that section.’”  (Haggerty v. Superior Court (2004) 117 Cal. App. 4th 1079, 1085–1086 [citations omitted].)

“Second, if ‘the trial court concludes the defendant has fulfilled these prerequisites and made a showing of good cause, the custodian of records should bring to court all documents “potentially relevant” to the defendant's motion. . . .  The trial court “shall examine the information in chambers” [Cal. Evid. Code § 1045(b).], “out of the presence and hearing of all persons except the person authorized [to possess the records] and such other persons [the custodian of records] is willing to have present.”. . . Subject to statutory exceptions and limitations. . . the trial court should then disclose to the defendant “such information [that] is relevant to the subject matter involved in the pending litigation.”’”  (Haggerty, supra at 1086.)

Plaintiff, a helicopter pilot and LAPD officer, alleges Defendant discriminated against her based on her sex by, among other things, denying her instructor pilot assignments. Plaintiff seeks records pertaining to the qualifications and employment history of the individuals selected for the Instructor Pilot position instead of Plaintiff, as well as documents pertaining to the Department’s rationale for selecting these other individuals over Plaintiff. Plaintiff also requests the complaint investigations and discipline records related to Plaintiff’s claims of discrimination, retaliation, or failure to prevent discrimination or retaliation at issue in this lawsuit. These records are relevant and discoverable.

Plaintiff’s motion is GRANTED.