Judge: Melvin D. Sandvig, Case: 23CHCV01671, Date: 2024-08-14 Tentative Ruling
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Case Number: 23CHCV01671 Hearing Date: August 14, 2024 Dept: F47
Dept. F47
Date: 8/14/24
TRIAL DATE: 6/2/25
Case #23CHCV01671
MOTION FOR
PRODUCTION OF PEACE OFFICER PERSONNEL RECORDS
(Pitchess Motion)
Motion filed on 7/23/24.
MOVING PARTY: Plaintiff Lorena Aguirre Gonzalez
RESPONDING PARTY: Defendants City of San Fernando and
Robert Luis Gallegos
NOTICE: ok
RULING: The motion is granted with the limitations
as set forth below.
SUMMARY OF FACTS & PROCEDURAL HISTORY
This action arises out of a motor vehicle collision between
a vehicle driven by Plaintiff Lorena Aguirre Gonzalez (Plaintiff) and a police vehicle
driven by Officer Robert Luis Gallegos (Officer Gallegos) that occurred on 4/30/22
at about 4:59 p.m. in the city of San Fernando.
At the time of the collision, Plaintiff was driving
northbound on Maclay Avenue and at a stop within the designated left turn lane
at the intersection of Knox Street. As
Plaintiff proceeded to make her left turn onto Knox Street, Officer Gallegos,
while on duty and responding to an emergency call, struck the left rear of
Plaintiff’s vehicle.
Plaintiff contends the collision was Officer Gallego’s
fault because he was traveling southbound in the northbound lanes of Maclay
Avenue at the time of the collision.
Defendants City of San Fernando and Officer Gallegos (collectively,
Defendants) contend that Officer Gallegos was using due care at the time of the
collision and they are immune from liability under Vehicle Code 17004 and 21055
and Plaintiff is at fault for the collision because she failed to observe and
yield to a police vehicle, with its lights and sirens activated as required by
Vehicle Code 21806.
On 6/9/23, Plaintiff filed this action alleging a cause
of action against Officer Gallegos for Negligent Operation of Motor Vehicle –
Government Code 820(a) and causes of action against the City of San Fernando for:
Negligent Operation of a Motor Vehicle – Vehicle Code 17001; Vicarious
Liability Pursuant to Government Code 815.2(a) and Negligent Hiring, Training,
Supervision, Retention and Entrustment. Plaintiff
also named San Fernando Police Department as a defendant but dismissed that
party without prejudice on 6/20/24.
On 7/23/24, Plaintiff filed and served the instant motion
for production of peace officer personnel records (Pitchess Motion)
seeking an order allowing an in camera review of various police officer personnel records of Officer
Gallegos (Badge # 10160) in the possession, custody and control of the City of
San Fernando, namely the City of San Fernando Polic Department, and permit the
introduction of these records at trial pursuant to Evidence Code 1043 and 1045.
Specifically, Plaintiff seeks an order permitting the
discovery and disclosure of the following records:
(a) Officer Gallegos’ complete personnel file including
his training records; documents pertaining to any training or instruction in
police procedures and protocols for responding to an emergency call; records of
reprimands; adverse department actions; disciplinary actions; performance
evaluations; promotional test score documents; complaints; and any documents,
including but not limited to internal investigations, pertaining to or
regarding violations of department procedures and protocols for responding to
an emergency call.
(c) Any and all
vehicle pursuit training documents provided to Officer Gallegos.
(d) Any and all
documents evidencing trainings attended by Officer Gallegos, including but not
limited to the following topics: vehicle pursuit; vehicle safety, operation and
tactics; assessing risk, dangers, and conditions; and public safety.
(e) Officer
Gallegos’ file pertaining to motor-vehicle accidents he was involved in over
the past ten (10) years while operating a police vehicle.
(f) Copies of
any and all records, reports, or investigative reports filed, pending,
completed, or otherwise made and all other writings pertaining to any of the
above-mentioned conduct by Officer Gallegos, including but not limited to,
documentation of citizen complaints of such conduct.
(g) Any and all
documents containing the name, address, and phone numbers of all persons who
have complained to the San Fernando Police Department about any of the
above-mentioned conduct by Officer Gallegos.
(h) Copies of
transcripts of any tape-recorded statements by any person, including the named
officer, which were taken in connection with any investigations filed, pending,
completed, or otherwise made regarding any complaint of the above-mentioned
conduct.
(i) Name,
address, and phone numbers of all persons giving such recorded statements.
(j) Any and all
documents concerning any internal affairs investigation into the subject
incident, including but not limited to:
i.
Name, address, and phone numbers of persons contacted and interviewed;
ii.
Statements of persons contacted and interviewed;
iii.
Notes of internal affairs investigators;
iv.
Outcome and conclusions of any internal affairs investigations.
Defendants have opposed the motion and Plaintiff has
filed a reply to the opposition.
ANALYSIS
Information contained in a peace officer’s personnel file
is generally protected from discovery or disclosure under Penal Code 832.7 and
Evidence Code 1043, et seq. To be
protected as a “personnel record,” a complaint or investigation of a complaint
“must both concern an event that involved the officer as a participant or
witness and pertain to that officer’s performance of his or her duties.” Zanone (2008) 162 CA4th 174, 189.
A party must follow a two-step procedure to obtain peace
officer personnel records. Warrick
(2005) 35 C4th 1011, 1019. First, the party
seeking disclosure must file a motion that identifies the peace officer, the
agency in possession of the records, a description of the records, who is
seeking the records, as well as time and place of the hearing. Evidence Code 1043(b)(1) (i.e., a “Pitchess motion” See Pitchess (1974)
11 C3d 531). Such a motion must be
accompanied by a declaration which: (1) shows “good cause” for disclosure of
the records; (2) sets forth the materiality of the records; and (3) states upon
reasonable belief that the governmental agency has the requested documents. Evidence Code 1043(b)(3). The “good cause” declaration may be based on
information and belief but it must also be sufficiently specific “to preclude
the possibility of a defendant’s simply casting about for any helpful
information.” City of Santa Cruz
(Kennedy) (1989) 49 C3d 74, 88; Mooc (2001) 26 C4th 1216, 1226. The moving party need only show a “plausible
factual foundation” for discovery (i.e., a scenario of officer misconduct that
might occur or could have occurred). Warrick,
supra at 1026. At the hearing on
the motion, the court must determine whether good cause exists for disclosure. City of Los Angeles (Brandon)
(2002) 29 C4th 1, 9.
If the Court finds good cause, an in camera
hearing must be held. Slayton
(2006) 146 CA4th 55, 61; Brown (2010) 183 CA4th 1531, 1541. After the court personally examines the
records in camera, the court shall only order disclosure of peace
officer personnel records that are “relevant to the subject matter involved in
the pending litigation.” Evidence Code 1045(a);
Mooc, supra at 1226. The court may not order disclosure of facts
“so remote as to make disclosure of little or no practical benefit.” Evidence Code 1045(b)(2). An officer’s opinions concerning an
investigation are not necessarily relevant or admissible, and therefore should
not be disclosed. Haggerty (Guindazola) (2004) 117 CA4th 1079,
1088-1089.
If the court orders disclosure, the court must also order
that the disclosed information may not be used “for any purpose other than a
court proceeding pursuant to applicable law.” Evidence Code 1045(e); See also Alford (2003) 29 C4th 1033, 1039-1040. Further, the court may, on motion by the
officer or employing agency showing “good cause,” issue a protective order to
protect the agency or officer from “unnecessary annoyance, embarrassment or
oppression.” Evidence Code 1045(d).
The Court finds Officer Gallegos’ personnel records
regarding responding to emergency calls while driving a police vehicle are material
to the issues in this case and, therefore, good cause exists for the production
of such records for in camera review by the Court. However, the Court finds that certain categories
of the documents sought are overbroad and/or immaterial. The Court notes that Plaintiff does not
refute that the collision occurred while Officer Gallegos was responding to an
emergency call, not while he was involved in a vehicle pursuit. (Villa Decl. ¶¶6, 11). Therefore, the Court limits the categories of
documents to be produced for in camera review as follows:
a. Documents in
Officer Gallegos’ personnel file pertaining to any training or instruction in police
procedures and protocols for responding to an emergency call; records of
reprimands and/or adverse department actions regarding responding to emergency
calls while driving a police vehicle; complaints and any documents, including
but not limited to internal investigations, pertaining to or regarding
violations of department procedures and protocols for responding to an
emergency call while driving a police vehicle.
(b) Any and all documents relating to responding to an
emergency call while driving a police vehicle and all documents signed by
Officer Gallegos regarding his receipt of any policies regarding responding to
an emergency call while driving a police vehicle.
(c) Any and all training documents regarding responding
to an emergency call while driving a police vehicle provided to Officer
Gallegos.
(d) Any and all documents evidencing trainings attended
by Officer Gallegos regarding the following topics: vehicle safety, vehicle operation
and tactics; assessing risk, dangers, and conditions while driving a police
vehicle; and public safety while driving a police vehicle.
(e) Officer Gallegos’ file pertaining to motor-vehicle
accidents he was involved in over the past five (5) years while operating a
police vehicle.
(f) Copies of any and all records, reports, or
investigative reports filed, pending, completed, or otherwise made and all
other writings pertaining to any of the above-mentioned conduct by Officer
Gallegos, including but not limited to, documentation of citizen complaints of
such conduct.
(g) Any and all documents containing the name, address,
and phone numbers of all persons who have complained to the San Fernando Police
Department about any of the above-mentioned conduct by Officer Gallegos.
(h) Copies of transcripts of any tape-recorded statements
by any person, including the named officer, which were taken in connection with
any investigations filed, pending, completed, or otherwise made regarding any
complaint of the above-mentioned conduct.
(i) Name, address, and phone numbers of all persons
giving such recorded statements.
(j) Any and all documents concerning any internal affairs
investigation into the subject incident, including but not limited to:
i. Name, address, and phone numbers of persons contacted
and interviewed;
ii. Statements of persons contacted and interviewed;
iii. Notes of internal affairs investigators;
iv. Outcome and conclusions of any internal affairs
investigations.
In addition to the mandatory order that the disclosed
information may not be used for any purpose other than a court proceeding
pursuant to applicable law, the Court will issue a protective order to protect
the City of San Fernando and Officer Gallegos from unnecessary annoyance,
embarrassment and oppression. See
Evidence Code 1045(d), (e).
CONCLUSION
The motion is granted as set forth above.