Judge: Nick A. Dourbetas, Case: 2021-01213764, Date: 2023-07-21 Tentative Ruling

Motion to Compel Production

Defendants Rodrigo Fabian Apricio’s and California Highway Patrol’s Motion to Compel Production of Personnel Records of a Peace Officer is GRANTED in part. (See Evid. Code § 1043.)

Defendants have met the requirement of subsections (b)(1) to (b)(3). Defendants’ counsel’s affidavit demonstrates good cause for the production of records responsive to categories No. 1 & 2 (per the reply).

The custodian of records for the Orange County Sherriff’s Department shall appear on August 21, 2023 at 10 AM with copies of all records responsive to the following categories:

1.       All performance reviews, evaluations, and employee advancement appraisals, including any special assignments or alternative or modified positions plaintiff was offered subsequent to the April 10, 2020, incident, job description, and physical requirements for those positions, and reviews and evaluations of plaintiff’s performance.

2.       All records of employee discipline and related investigations, including supervisor notices, informal reprimands, and formal documents.

Upon completion of the review, the Court will release records to counsel for defendants as appropriate. 

The release of the records shall be subject to a protective order limiting use of the records to this litigation, precluding disclose of the records to third parties outside of the court, court personnel, and the trier of fact, and requiring a return of all copies of the records to the custodian of records upon final conclusion of this litigation. (See Evid. Code § 1045(e).)

Defendants are ordered to give notice.