Judge: Wesley L. Hsu, Case: 20PSCV00677, Date: 2023-05-04 Tentative Ruling

Case Number: 20PSCV00677    Hearing Date: May 4, 2023    Dept: L

Defendant City of Pomona’s unopposed Motion for Disclosure of Peace Officer Personnel Records is GRANTED.

Background   

Plaintiff Vincent Terrell (“Plaintiff”) alleges as follows: Plaintiff has been employed with the Pomona Police Department for 23 years. Defendant City of Pomona’s (“City”) employees have discriminated against Plaintiff, including failing to promote Plaintiff or give him raises, because of his race.

On October 13, 2020, Plaintiff filed a complaint, asserting causes of action against City and Does 1-50 for:

1.      Racial Discrimination

2.      Retaliation

The Final Status Conference is set for May 7, 2024. Trial is set for May 21, 2024.

Legal Standard

“In any case in which discovery or disclosure is sought of peace or custodial officer personnel records or records maintained pursuant to Section 832.5 of the Penal Code or information from those records, the party seeking the discovery or disclosure shall file a written motion with the appropriate court or administrative body upon written notice to the governmental agency that has custody and control of the records, as follows: (1) In a civil action, the written notice shall be given at the times prescribed by subdivision (b) of Section 1005 of the Code of Civil

Procedure. . .” (Evid. Code, § 1043, subd. (a)(1).)

“The motion shall include all of the following: (1) Identification of the proceeding in which discovery or disclosure is sought, the party seeking discovery or disclosure, the peace or custodial officer whose records are sought, the governmental agency that had custody and control of the records, and the time and place at which the motion for discovery or disclosure shall be heard. (2) A description of the type of records or information sought. (3) Affidavits showing good cause for the discovery or disclosure sought, 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.” (Evid. Code, § 1043, subd. (b).)

“Upon receipt of a notice served pursuant to subdivision (a), the governmental agency shall immediately notify the individual whose records are sought.” (Evid. Code, § 1043, subd. (c).) “No hearing upon a motion for discovery or disclosure shall be held without full compliance with the notice provisions of this section except upon a showing by the moving party of good cause for noncompliance, or upon a waiver of the hearing by the governmental agency identified as having the records.” (Evid. Code, § 1043, subd. (d).)

Discussion

City moves, per Evidence Code § 1043, for disclosure of the following documents from the Custodian of Records for City and the City of Pomona Police Department (“PPD”):

1.      The Internal Affairs investigation conducted by Debra Reilly, completed on March 13,

2020, including the report and supporting documentation, regarding allegations of race discrimination, retaliation, and unfair treatment brought by Plaintiff;

2.      Plaintiff’s general personnel file; and

3.      City’s files for the lieutenant promotional processes from 2014-2016 and 2018-2020.

At the outset, the court notes that the motion complies with notice requirements, inasmuch as City is the custodian of records for the records in question.

The motion is granted. The motion reflects compliance with Evidence Code § 1043, subdivision (b)(1) and (2). Additionally, the Declaration of Jeffrey E. Stockley identifies City as having the records sought to be disclosed and sets forth good cause for the disclosure. (Stockley Decl., ¶¶ 2 and 4-10). Plaintiff, moreover, does not oppose the motion and, in fact, joins same.