Judge: Theresa M. Traber, Case: 21STCP00687, Date: 2022-08-22 Tentative Ruling

Case Number: 21STCP00687    Hearing Date: August 22, 2022    Dept: 47

21STCP00687
CALIFORNIA DEPARTMENT OF STATE HOSPITALS vs CALIFORNIA STATE PERSONNEL BOARD


TENTATIVE RULING:


CALIFORNIA DEPARTMENT OF STATE HOSPITALS’ PITCHESS MOTION SEEKING JUDICIAL REVIEW OF THE CONFIDENTIALITY OF FABIAN BARRAZA’S PERSONNEL RECORDS

HEARING DATE:  AUGUST 22, 2022

Petitioner California Department of State Hospitals filed a motion on July 20, 2022 seeking the discovery of peace officer personal records, known as a Pitchess motion, and set the motion for hearing on August 22, 2022.  On the same date, Petitioner also filed a motion to seal any confidential personnel records that may be produced under California Rules of Court, Rule 2.550, et seq., and set the motion for hearing on August 24, 2022.  Neither motion has been filed with any proof of service demonstrating that Respondents California State Personnel Board, et al., or Real-Party-in-Interest Fabian Barraza were served with the pending motions.  Further, neither Respondents nor Barraza filed any opposing papers or statement of non-opposition to the pending motions.

              Based on this record, the Court advances and continues the August 22, 2022 hearing on the Pitchess motion to August 24, 2022 at 9:00 a.m., when the motion to seal is scheduled for hearing, and directs Plaintiff to file and serve proofs of service by close of business on August 22, 2022 to demonstrate that all parties have received notice and had an opportunity to respond to the pending motions.  If it finds that proper service was not effectuated, the Court will continue the hearing on the pending motions to allow for proper notice to all parties and an opportunity to respond to Plaintiff’s motions.

              The Clerk is to give notice to all parties. 

IT IS SO ORDERED.

Dated: August 22, 2022                                  ___________________________________

                                                                                    Theresa M. Traber

                                                                                    Judge of the Superior Court

            Any party may submit on the tentative ruling by contacting the courtroom via email at Smcdept47@lacourt.org by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.