Preview
E-FILED
1 McCormick, Rarstow, Sheppald. 9/25/2019 3:49 PM
Wayte & Carruth LLP Superior Court of California
2 Victoria R. Bernhardt, #157294 County of Fresno
By: M. Douangkham, Deputy
r i u. b e r nh a r d t @nt c c o r nt i c kb u r s t o ru. c o t1r
v ic to
J Janrie K. Xiong-V ang, #246683
.i ant i e. x i o n g - v a n g
@nt ccor m i c kl's a nt
r s t o vt. c o
4 7647 North Fresno Street
Irresno, Califbrnia 93720
5 Telephone: (559) 433-1 300
Facsimile: (559) 433-2300
6
Attorneys for Defendarit
7 MARY RUTH JOI]NSON
8
9 SUPERIOR COURT OIT TI.IE STATtr OF CALIFOI{NIA
10 COUN'fY OF FRESNO
11
12 ANTFIONY D. GOMEZ, Case No. 18CECG02945
13 Plaintifl'. MEMORANDUM OF POINTS AND
AUTFIORITIBS IN SUPPOITT OF MARY
14 V. RUTH JOHNSON'S MOTION FOR
DISCOVEITY OF PBACE OFFICBR'S
15 MARY RUTH.TOIINSON, arrd DOES 1-10, EMI'LOYMENT FILE (PITCHESS
MOTTON)
16 Defer-rdant.
.Tudge: Hon. .lelfrey Y. Flamiltori
17 I)ate: October 22.2019
Tirne: 3:30 p.m.
18 Dept.: 501
19 COMES NOW Def'endant Mary Ruth Johnson (hereinafter "Mrs. .lohnson") with this
20 Memorandum of Points and Authorities in Support of her Motion for Discovery of Peach Olficer's
21 Ilmployment File ("Pitches Motion"). Specifically, Mrs. Jolinson seeks access to the files maintained
22 by the Irresno County Sheril ['s (hereinaller "SherrifT') in Fresno, Califomia pertaining to employment
23 of ANTLIONY GOMEZ (hereinafier "Mr, Gomez").
24 I.
INTITODUCTION
25
This Irresno Superior Court unlin'rited civil action arises as a result of a motor vehicle accident
26
tlrat occurred on November 22,2017 al approximately 2:54 p.m. in the north bound lane of Palm
27
Avenue in F-resno. Califbrnia. Mrs. .Iohnson was driving a2005 Saturn VUE north in the number 2
28
IVlcCoRMIcK, BARSTOW,
SHEPPARD, WAYTE &
CARRUTH LLP MEMORANDUM OF POINI'S AND AUTHORITIES IN SUPPORT OF MARY RUTFI JOI-INSON'S MOTION FOR
7647 NORTH fRESNO STREET
FRESNO. CA 93720 DISCOVITRY OF PEACE OFFICER'S EMPLOYMENT FILE (PITCI-IESS MOTION)
I lane when another driver came out of the parking lot of tlie Bank of America and partially into tlieNo'
2 2laneas Ms. Johnson approached. Ms, Johnson tunred her wheel to the left to avoid tliat vehicle, and
a
J when s|e turned to look al-read of her, there was a vehicle cornpletely stopped in the road. Ms.
4 Johnson applied her brakes but was unable to stop, colliding with the rear of that vehicle. The vehicle
5 she hit was a 2016 Ford Explorer, a markecl patrol vehicle owned by the County of Fresuo Sheriff s
6 Departmeut, and being operated by Mr. Gomez'
7 II.
FACTUAL A ND PTIOCEDUIIAL ]MMARY
8
Daniel Baradat of Baradat & Pabooiian, on behalf of Mr. Gontez, filed a Complaint in the
9
Irresno County Sr.rperior Court unlimited divisiorr, on September 8, 2018, naming Mary Ruth Johnson
10
as a defendant. The Complaint alleges one calrse of action for Motor Vehicle. The prayer seeks
11
compensation lbr wage loss, loss ol'use of property, hospital and medical expenses, general damage,
12
property dal.rage and loss ol'earning capacity. Ms. Johnson hled an Answer to the Complaint on
13
January 14,2019.
14
Mr. Gornez l-rasclained the I'ollowir-rg iriurie s as a result of the November 22,2017 motor
15
vehicle accident: headaches. pain, stil'1iress, and soreness of the neck, upper back, right shoulder, and
t6
lirnited ralge of motior1 i1 t|e neck. Mr. Gorlez has indicated in written discovery responses that he
17
received treatrnent Ibr neck soreness prior to the accident since approximately 201 5 through October
l8
of 2017. Mr". Goliez also in writteri
clair-r-red cliscovery responses that he continues to experience
19
recurrilg headaches, constant pain and limited range o1'motion in his neck and pain in his right
20
sl-roulder
21
On or about March 11,2079, delense counsel for Mrs. Johnson caused to be issued to the
22
Sheriff a Depositiol Subpoena for Production oi'Business ILecords (hereinafter "subpoena") seeking
23
personnel records pertaining to Plaintiff.
24
By letter dated Marclt22,2019, Mrs. Johnson's counsel received correspondence fi"om Chiel'
25
Deputy Coulty Counsel Catherine E. Basharn, that the subpoena had been received by the Sheriff but
26
,,his records can only be obtained through a rroticed motion pursuant to Evidence Code section
that
27
1043, knowtl as a 'Pitchess motion'."
28
IVIcCORMICK, BARSTOW, 2
SHEPPARD, WAYTE &
CARRUTH LLP MEMORANDUM OF POIN]'S AN D AUTI.IORITIES IN SUPPORT OF MAII Y RUTH JOI-INSON'S MOTION FOR
7647 NORTH TRESNO STREET
DISCOVERY OF P EACE OITFICI]R'S EM PLOYMI]NT LE
F'I (PIT'CHESS MOTION)
FRESNO, CA 93720
I lJrrdersigned counsel requested that Plaintild through his counsel, agree and enter a stipulation
2 fol a limited release of the Plaintiff s personnel file. After several telephone calls to Plaintiff s counsel
a
J witlr no response, undersigned counsel enrailed on August 20,2019 requesting a stipulation to obtain
4 Plaintifls persor.rnel fi le.
5 Plaintiff s coutrsel's office replied by email on August 20,2019 as follows: "We will not be
6 stipulatirrg to allow access to Oltcer Gomez' personnel file."
7 III.
APPLIC ,II I,AW
8
"A defendant is entitled to discovery frorn a police olficer's confidential personnel records if
9
those files contain information that is potentially relevant to the defense." (Uybungco v. Superior
10
C)ourt (2008) 163 Cal,App.4th 1043,1048.) Apartynrayproperlyobtainapeaceofficer'spersonnel
11
lile through a procedure commolrly known as a "Pitchess Motion." (See Pitchess v Superior Courl
12
(1974) 1 1 Cal. 3d 531 ,) The Pitches statutory sohente, codil'red in Evidence Code section I 043 - 1047
13
was inter-rded to "rcllect the Legislature 's attempt to balance a litigant's discovery interest with an
14
officer's conf-rdentiality interest ." (Riversitle ()ounly Sheri/f's De1tl,.tt. St:iglitz (2014) 60 Cal.4tt' 624,
15
639. While a peace officer's personnel files enjoy some protection, the privilege is qualified, wliich
16
means that the Court will compel disclosr-rre when the iuterests ofiustice in obtaining tlie information
17
outweiglrtheinterestssoughttobeprotected. (Gonzulesv.superiorClourt(1995)33Cal'App.4th
l8
1539, 1542,1547-1548.) Where there is a prir.na facie showing of'relevance, the party claiming the
19
privilege bears the burden of establishing the preliminary facts essential to the claim of privilege'
20
(Gonzales, supra.)
21
The protection on peaoe olhcel personnel records should not unduly interl'ere with the
22
discovery process. Ilvidence Code $ 1044 indicates that "Nothing in this article shall be construed to
/.J
al'fuct the right o1 access to records o1'rnedical or psychological history where such access would
24
otlrerwise be available under Sectior-r 996 or 1016." Sirnilarly, Evidence Code $10a5(a) states:
25
"Nothing in this article shall be construed to affect the right of access
26 to records of complaints, or investigations ol'complairtts, or discipline
imposed as a result of those investigations, concel'lling an event or
27 transaction in which the peace officer or custodial officer, as delined in
Section 831.5 of the Penal Code, participated, or which he or she
28 perceived, and pertaining to the manner in which he or she perforrned
IV]cCoRNIICK, BARSTOW,
-
J
SHEPPARD, WAYTE &
CARRUTH LLP MEMORANDUM OF POINTS AND AU"|I]OItIl'IES IN SUPPORT OF'MARY RUTI-I J OIINSON'S MOTION FOR
7617 NORTH FRESNO STREET
FRESNO CA 93720 DISCOVERY OF PEACE OFITICER'S EMPL,OYMENT ITILE (PITCHESS MOTION)
1 his or her duties, provided that ir-rlbrn-ration is relevant to tl-re sub.iect
matter involved in the pending litigatiorr."
2
The legislature lras clarified the rletl-rod by which peace ollicer personnel records can be obtained in
a
J
Eviderrce Code gg 1043 throughl047 and Penal Code $$ 832.7 and 832.8. These sections perrnit
4
disclosure, provided the information sought is properly discoverable by the moving pafty, upon a
5
showing of relevance. Specifically, Evidence Code 1043(b) states that a Pitchess Motion requires the
6
following:
7
"(1) Identification of theproceeding in which.discovery or disclosure is
8 sought, the party seeking discovely or disclosure, the peace or
custodial oIficer whose records are sought. the governmental agency
9 which has custody and control o1'the records, and the time and place at
which the motion lbr discovery or disclosure shall be heard.
10
(2) A descriptiorr of the type of records or informatiou sought.
l1
(3) Affidavits showing good cause l'or: the discovery or disclosure
t2 sought, setting folth the rr-rateriality thereof to the subject matter
involved in the pending litigation and stating upon reasonable belief
l3 that tlie governlnental agency identifred has the records or infortnation
l'rom the records."
14
The party seeking discovery of the officer's personnel records may fulfill the good cause
i5
requirement by filing a declaratior.r based on inlbrmation and beliel'. The moving pafiy need only
16
s|ow a "plausible lactual foundation lor discovery," il't other words, it must show tliat the alleged
17
conduct "miglrt or could have occurred." (\4/urrickv. Superior (lourl (2005) 35 Cal.4th 10l I , 1026.)
18
'l'lris
is a "relatively low threshold." (Uyhungco, supra, 163 Cal.App.4th at 1049.) The courts have
19
routinely held that the good cause requirement is measured by a "relatively relaxed standard"
20
Procedurally, this Court should first determine wliether good cause exists fbr production of the
21
records at the hearing on this motion. If'so, the court should tl-ren conduct an in camera hearing to
22
review the recolcls and decide what should be produced, (Evidence Code $9I 5(b); City o/-Los Angeles
23
v. Superior C)ourt (2002) 29 Cal.4th 7,9; People v. Mooc (2001) 26 Cal. 4tl't 1276, 1226.) Aftet
24
personally examining the recorcls in catnera, the trial court shall order disclosllre of peace officer
25
personlel records that are "relevant to tl're subject matter involved in the pending litigation."
26
(Evidence Code $1045(a), (b); Clitlt of'Los Angeles, supra, at9 People v. Mooc, supra, at 1226;
27
Herrerctv. SuperiorCourt (People) (1985) 172Cal.App.3d I159, 1163.) Delendantthusseeksanin
28
BARsrow,
l\4cCoRt\,1 rcK, 4
SHEPPARD, WAYTE &
CARRUTH LLP MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MAI{Y RUTH JOHNSON'S MOTION FOR
76{7 NOFTH FRESNO STREEl
FRESNO, CA 93720
DISCOVERY OF PEACE OFITICI]R'S EMPI-OYMENT F]LE (PI'fCI-IESS MOTION)
I calrrera review by tlie Court to determine what material is relevant to this civil litigation and should be
2 turned over.
a
J IV.
LEGAL AIIGUMENT
4
A. Goorl Cause Exists for Gran tinrr Dcfendant's Motion
5
l. The Information Being Sought From l'laintifl's Personnel Filc is Material to the
6 Subject Mntter of the Pending Litigation
l As explained more fully in the Xior-rg-Vang Declaration, Defendant has good cause for
8 cliscovery of Plaintiff s personnel file. By raising persoual bodily injuly claims, Plair-rtiffhas clearly
9 placed his personnel file at issue. Plaintifls employment records, including perlbrmance evaluations,
10 employee progress records, worl< absenteeism or tinte off, requests, work history, information
11 regarding injuries, injury reports, incident reports, pre-employment exam records, claim records,
12 medical recorcls, insurance records, and worker's coupensation claims, itlcluding, but uot limited to
13 payments, claims, and any other documents contained within the insurance file will shed light on
14 Plaintilf s work relationship with the Fresno Sherifls l)epaltment ar-rd the way in which his prior
15 work related iniuries to his body intpacts his current bodily injury clairns.
16 Further, Plaintiff admits to treating with a chiropractor lor "nccl< sorertess" fi'om about 2015 up
17 uritil Octob er 2017, irrdicating that he was receiving treatment for neck symptoms up to the time ofthe
l8 accident. 'fhe treatment PIaintifl'received prior to the inoident involved similar injuries to the injuries
t9 he is claiming in the present action. Del'endant is entitled to information contaitled in Plaintifls
20 personlel file wliich has relevant inlbrmation regalding Plaintiff, such as performance evaluations,
21 en-rployee progress records, work absenteeism or titne ofI' requests, work history. information
22 regarcling iniuries, injury reports, incident reports, pre-en-rploytnent exam records, claim records,
23 nedical records, insurance records, and worl
Preview
E-FILED 1 McCormick, Rarstow, Sheppald. 9/25/2019 3:49 PM Wayte & Carruth LLP Superior Court of California 2 Victoria R. Bernhardt, #157294 County of Fresno By: M. Douangkham, Deputy r i u. b e r nh a r d t @nt c c o r nt i c kb u r s t o ru. c o t1r v ic to J Janrie K. Xiong-V ang, #246683 .i ant i e. x i o n g - v a n g @nt ccor m i c kl's a nt r s t o vt. c o 4 7647 North Fresno Street Irresno, Califbrnia 93720 5 Telephone: (559) 433-1 300 Facsimile: (559) 433-2300 6 Attorneys for Defendarit 7 MARY RUTH JOI]NSON 8 9 SUPERIOR COURT OIT TI.IE STATtr OF CALIFOI{NIA 10 COUN'fY OF FRESNO 11 12 ANTFIONY D. GOMEZ, Case No. 18CECG02945 13 Plaintifl'. MEMORANDUM OF POINTS AND AUTFIORITIBS IN SUPPOITT OF MARY 14 V. RUTH JOHNSON'S MOTION FOR DISCOVEITY OF PBACE OFFICBR'S 15 MARY RUTH.TOIINSON, arrd DOES 1-10, EMI'LOYMENT FILE (PITCHESS MOTTON) 16 Defer-rdant. .Tudge: Hon. .lelfrey Y. Flamiltori 17 I)ate: October 22.2019 Tirne: 3:30 p.m. 18 Dept.: 501 19 COMES NOW Def'endant Mary Ruth Johnson (hereinafter "Mrs. .lohnson") with this 20 Memorandum of Points and Authorities in Support of her Motion for Discovery of Peach Olficer's 21 Ilmployment File ("Pitches Motion"). Specifically, Mrs. Jolinson seeks access to the files maintained 22 by the Irresno County Sheril ['s (hereinaller "SherrifT') in Fresno, Califomia pertaining to employment 23 of ANTLIONY GOMEZ (hereinafier "Mr, Gomez"). 24 I. INTITODUCTION 25 This Irresno Superior Court unlin'rited civil action arises as a result of a motor vehicle accident 26 tlrat occurred on November 22,2017 al approximately 2:54 p.m. in the north bound lane of Palm 27 Avenue in F-resno. Califbrnia. Mrs. .Iohnson was driving a2005 Saturn VUE north in the number 2 28 IVlcCoRMIcK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP MEMORANDUM OF POINI'S AND AUTHORITIES IN SUPPORT OF MARY RUTFI JOI-INSON'S MOTION FOR 7647 NORTH fRESNO STREET FRESNO. CA 93720 DISCOVITRY OF PEACE OFFICER'S EMPLOYMENT FILE (PITCI-IESS MOTION) I lane when another driver came out of the parking lot of tlie Bank of America and partially into tlieNo' 2 2laneas Ms. Johnson approached. Ms, Johnson tunred her wheel to the left to avoid tliat vehicle, and a J when s|e turned to look al-read of her, there was a vehicle cornpletely stopped in the road. Ms. 4 Johnson applied her brakes but was unable to stop, colliding with the rear of that vehicle. The vehicle 5 she hit was a 2016 Ford Explorer, a markecl patrol vehicle owned by the County of Fresuo Sheriff s 6 Departmeut, and being operated by Mr. Gomez' 7 II. FACTUAL A ND PTIOCEDUIIAL ]MMARY 8 Daniel Baradat of Baradat & Pabooiian, on behalf of Mr. Gontez, filed a Complaint in the 9 Irresno County Sr.rperior Court unlimited divisiorr, on September 8, 2018, naming Mary Ruth Johnson 10 as a defendant. The Complaint alleges one calrse of action for Motor Vehicle. The prayer seeks 11 compensation lbr wage loss, loss ol'use of property, hospital and medical expenses, general damage, 12 property dal.rage and loss ol'earning capacity. Ms. Johnson hled an Answer to the Complaint on 13 January 14,2019. 14 Mr. Gornez l-rasclained the I'ollowir-rg iriurie s as a result of the November 22,2017 motor 15 vehicle accident: headaches. pain, stil'1iress, and soreness of the neck, upper back, right shoulder, and t6 lirnited ralge of motior1 i1 t|e neck. Mr. Gorlez has indicated in written discovery responses that he 17 received treatrnent Ibr neck soreness prior to the accident since approximately 201 5 through October l8 of 2017. Mr". Goliez also in writteri clair-r-red cliscovery responses that he continues to experience 19 recurrilg headaches, constant pain and limited range o1'motion in his neck and pain in his right 20 sl-roulder 21 On or about March 11,2079, delense counsel for Mrs. Johnson caused to be issued to the 22 Sheriff a Depositiol Subpoena for Production oi'Business ILecords (hereinafter "subpoena") seeking 23 personnel records pertaining to Plaintiff. 24 By letter dated Marclt22,2019, Mrs. Johnson's counsel received correspondence fi"om Chiel' 25 Deputy Coulty Counsel Catherine E. Basharn, that the subpoena had been received by the Sheriff but 26 ,,his records can only be obtained through a rroticed motion pursuant to Evidence Code section that 27 1043, knowtl as a 'Pitchess motion'." 28 IVIcCORMICK, BARSTOW, 2 SHEPPARD, WAYTE & CARRUTH LLP MEMORANDUM OF POIN]'S AN D AUTI.IORITIES IN SUPPORT OF MAII Y RUTH JOI-INSON'S MOTION FOR 7647 NORTH TRESNO STREET DISCOVERY OF P EACE OITFICI]R'S EM PLOYMI]NT LE F'I (PIT'CHESS MOTION) FRESNO, CA 93720 I lJrrdersigned counsel requested that Plaintild through his counsel, agree and enter a stipulation 2 fol a limited release of the Plaintiff s personnel file. After several telephone calls to Plaintiff s counsel a J witlr no response, undersigned counsel enrailed on August 20,2019 requesting a stipulation to obtain 4 Plaintifls persor.rnel fi le. 5 Plaintiff s coutrsel's office replied by email on August 20,2019 as follows: "We will not be 6 stipulatirrg to allow access to Oltcer Gomez' personnel file." 7 III. APPLIC ,II I,AW 8 "A defendant is entitled to discovery frorn a police olficer's confidential personnel records if 9 those files contain information that is potentially relevant to the defense." (Uybungco v. Superior 10 C)ourt (2008) 163 Cal,App.4th 1043,1048.) Apartynrayproperlyobtainapeaceofficer'spersonnel 11 lile through a procedure commolrly known as a "Pitchess Motion." (See Pitchess v Superior Courl 12 (1974) 1 1 Cal. 3d 531 ,) The Pitches statutory sohente, codil'red in Evidence Code section I 043 - 1047 13 was inter-rded to "rcllect the Legislature 's attempt to balance a litigant's discovery interest with an 14 officer's conf-rdentiality interest ." (Riversitle ()ounly Sheri/f's De1tl,.tt. St:iglitz (2014) 60 Cal.4tt' 624, 15 639. While a peace officer's personnel files enjoy some protection, the privilege is qualified, wliich 16 means that the Court will compel disclosr-rre when the iuterests ofiustice in obtaining tlie information 17 outweiglrtheinterestssoughttobeprotected. (Gonzulesv.superiorClourt(1995)33Cal'App.4th l8 1539, 1542,1547-1548.) Where there is a prir.na facie showing of'relevance, the party claiming the 19 privilege bears the burden of establishing the preliminary facts essential to the claim of privilege' 20 (Gonzales, supra.) 21 The protection on peaoe olhcel personnel records should not unduly interl'ere with the 22 discovery process. Ilvidence Code $ 1044 indicates that "Nothing in this article shall be construed to /.J al'fuct the right o1 access to records o1'rnedical or psychological history where such access would 24 otlrerwise be available under Sectior-r 996 or 1016." Sirnilarly, Evidence Code $10a5(a) states: 25 "Nothing in this article shall be construed to affect the right of access 26 to records of complaints, or investigations ol'complairtts, or discipline imposed as a result of those investigations, concel'lling an event or 27 transaction in which the peace officer or custodial officer, as delined in Section 831.5 of the Penal Code, participated, or which he or she 28 perceived, and pertaining to the manner in which he or she perforrned IV]cCoRNIICK, BARSTOW, - J SHEPPARD, WAYTE & CARRUTH LLP MEMORANDUM OF POINTS AND AU"|I]OItIl'IES IN SUPPORT OF'MARY RUTI-I J OIINSON'S MOTION FOR 7617 NORTH FRESNO STREET FRESNO CA 93720 DISCOVERY OF PEACE OFITICER'S EMPL,OYMENT ITILE (PITCHESS MOTION) 1 his or her duties, provided that ir-rlbrn-ration is relevant to tl-re sub.iect matter involved in the pending litigatiorr." 2 The legislature lras clarified the rletl-rod by which peace ollicer personnel records can be obtained in a J Eviderrce Code gg 1043 throughl047 and Penal Code $$ 832.7 and 832.8. These sections perrnit 4 disclosure, provided the information sought is properly discoverable by the moving pafty, upon a 5 showing of relevance. Specifically, Evidence Code 1043(b) states that a Pitchess Motion requires the 6 following: 7 "(1) Identification of theproceeding in which.discovery or disclosure is 8 sought, the party seeking discovely or disclosure, the peace or custodial oIficer whose records are sought. the governmental agency 9 which has custody and control o1'the records, and the time and place at which the motion lbr discovery or disclosure shall be heard. 10 (2) A descriptiorr of the type of records or informatiou sought. l1 (3) Affidavits showing good cause l'or: the discovery or disclosure t2 sought, setting folth the rr-rateriality thereof to the subject matter involved in the pending litigation and stating upon reasonable belief l3 that tlie governlnental agency identifred has the records or infortnation l'rom the records." 14 The party seeking discovery of the officer's personnel records may fulfill the good cause i5 requirement by filing a declaratior.r based on inlbrmation and beliel'. The moving pafiy need only 16 s|ow a "plausible lactual foundation lor discovery," il't other words, it must show tliat the alleged 17 conduct "miglrt or could have occurred." (\4/urrickv. Superior (lourl (2005) 35 Cal.4th 10l I , 1026.) 18 'l'lris is a "relatively low threshold." (Uyhungco, supra, 163 Cal.App.4th at 1049.) The courts have 19 routinely held that the good cause requirement is measured by a "relatively relaxed standard" 20 Procedurally, this Court should first determine wliether good cause exists fbr production of the 21 records at the hearing on this motion. If'so, the court should tl-ren conduct an in camera hearing to 22 review the recolcls and decide what should be produced, (Evidence Code $9I 5(b); City o/-Los Angeles 23 v. Superior C)ourt (2002) 29 Cal.4th 7,9; People v. Mooc (2001) 26 Cal. 4tl't 1276, 1226.) Aftet 24 personally examining the recorcls in catnera, the trial court shall order disclosllre of peace officer 25 personlel records that are "relevant to tl're subject matter involved in the pending litigation." 26 (Evidence Code $1045(a), (b); Clitlt of'Los Angeles, supra, at9 People v. Mooc, supra, at 1226; 27 Herrerctv. SuperiorCourt (People) (1985) 172Cal.App.3d I159, 1163.) Delendantthusseeksanin 28 BARsrow, l\4cCoRt\,1 rcK, 4 SHEPPARD, WAYTE & CARRUTH LLP MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MAI{Y RUTH JOHNSON'S MOTION FOR 76{7 NOFTH FRESNO STREEl FRESNO, CA 93720 DISCOVERY OF PEACE OFITICI]R'S EMPI-OYMENT F]LE (PI'fCI-IESS MOTION) I calrrera review by tlie Court to determine what material is relevant to this civil litigation and should be 2 turned over. a J IV. LEGAL AIIGUMENT 4 A. Goorl Cause Exists for Gran tinrr Dcfendant's Motion 5 l. The Information Being Sought From l'laintifl's Personnel Filc is Material to the 6 Subject Mntter of the Pending Litigation l As explained more fully in the Xior-rg-Vang Declaration, Defendant has good cause for 8 cliscovery of Plaintiff s personnel file. By raising persoual bodily injuly claims, Plair-rtiffhas clearly 9 placed his personnel file at issue. Plaintifls employment records, including perlbrmance evaluations, 10 employee progress records, worl< absenteeism or tinte off, requests, work history, information 11 regarding injuries, injury reports, incident reports, pre-employment exam records, claim records, 12 medical recorcls, insurance records, and worker's coupensation claims, itlcluding, but uot limited to 13 payments, claims, and any other documents contained within the insurance file will shed light on 14 Plaintilf s work relationship with the Fresno Sherifls l)epaltment ar-rd the way in which his prior 15 work related iniuries to his body intpacts his current bodily injury clairns. 16 Further, Plaintiff admits to treating with a chiropractor lor "nccl< sorertess" fi'om about 2015 up 17 uritil Octob er 2017, irrdicating that he was receiving treatment for neck symptoms up to the time ofthe l8 accident. 'fhe treatment PIaintifl'received prior to the inoident involved similar injuries to the injuries t9 he is claiming in the present action. Del'endant is entitled to information contaitled in Plaintifls 20 personlel file wliich has relevant inlbrmation regalding Plaintiff, such as performance evaluations, 21 en-rployee progress records, work absenteeism or titne ofI' requests, work history. information 22 regarcling iniuries, injury reports, incident reports, pre-en-rploytnent exam records, claim records, 23 nedical records, insurance records, and worl