On February 21, 2019 a
Order
was filed
involving a dispute between
Mildred L. Oliver,
Oliver, Mildred L.,
and
City Of Oakland,
Oakland Police Department,
for Civil Unlimited (Civil Rights/Discrimination)
in the District Court of Alameda County.
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Scott Law Firm Quirk, Michael J.
Attn: Scott, John Houston One Frank H. Ogawa Plaza, 6th Floor
1388 Sutter Street Oakland, CA 94612
Suite 715
San Francisco, CA 94109
Superior Court of California, County of Alameda
Rene C. Davidson Alameda County Courthouse
Oliver No. RG19007799
Plaintiff/Petitioner(s)
Order
VS.
Motion for Discovery
City of Oakland Granted
Defendant/Respondent(s)
(Abbreviated Title)
The Motion forDiscovery filed for Mildred L. Oliver was setfor hearing on 12/20/2019 at 09:00 AM
in Department 25 before the Honorable Ronni MacLaren. The Tentative Ruling was published and was
contested.
The matter was argued and submitted, and good cause appearing therefore,
IT IS HEREBY ORDERED THAT:
Plaintiff'sMotion for Discovery of Police Personnel Information (Pitchess Motion) isGRANTED.
On December 27, 2019, the custodian of records and counsel for the City of Oakland ("the City")
appeared incamera with the documents specified on page | of Plaintiff'sMemorandum of Points and
Authorities, namely, the Internal Affairs investigation filein Case No. 15-0771; the Chron Log prepared
by Plaintiff of her activities inCase No. 15-0771; the filemaintained by the Criminal Investigation
Division regarding the investigation related to Officer O'Brien's suicide, including all interviews and
related recordings; and the audio/video interview of Jasmine Celeste Cedillo aka Celeste Gaup taken by
Sergeant Jason Anderson, including allrecordings of private conversations between Celeste Gaup and
any thirdperson(s) when investigators leftthe room. The Court having reviewed the hard drive
containing said documents, and the City having no objection to the production of the documents
pursuant to a court order, the Court finds good cause for production of the documents to Plaintiff
subject to the stipulated protective order. The City shall produce the documents toPlaintiff's counsel by
no later than January 17, 2020.
The Court finds that Plaintiff'sinterest inobtaining Officer Brendan O'Brien's suicide note, which
formed the basis for opening the subject Internal Affairs investigation, outweighs the rightto privacy of
nonparties Rosemary and John O'Brien. The note shall be produced subject to stipulated the protective
order.
The Court has signed and filedthe stipulated protective order.
The reporter's transcript of the in camera hearing shall be sealed.
Order
~ Digital
Dated: 12/27/2019 Lau Cl haLbc..
Judge Ronni MacLaren
Order
SHORT TITLE: CASE NUMBER:
Oliver VS City of Oakland RG19007799
ADDITIONAL ADDRESSEES
Price, Pamela Y.
P.O. Box 5843
Oakland, CA 94605
Order
Document Filed Date
December 27, 2019
Case Filing Date
February 21, 2019
Category
Civil Unlimited (Civil Rights/Discrimination)
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Scott Law Firm Quirk, Michael J. Attn: Scott, John Houston One Frank H. Ogawa Plaza, 6th Floor 1388 Sutter Street Oakland, CA 94612 Suite 715 San Francisco, CA 94109 Superior Court of California, County of Alameda Rene C. Davidson Alameda County Courthouse Oliver No. RG19007799 Plaintiff/Petitioner(s) Order VS. Motion for Discovery City of Oakland Granted Defendant/Respondent(s) (Abbreviated Title) The Motion forDiscovery filed for Mildred L. Oliver was setfor hearing on 12/20/2019 at 09:00 AM in Department 25 before the Honorable Ronni MacLaren. The Tentative Ruling was published and was contested. The matter was argued and submitted, and good cause appearing therefore, IT IS HEREBY ORDERED THAT: Plaintiff'sMotion for Discovery of Police Personnel Information (Pitchess Motion) isGRANTED. On December 27, 2019, the custodian of records and counsel for the City of Oakland ("the City") appeared incamera with the documents specified on page | of Plaintiff'sMemorandum of Points and Authorities, namely, the Internal Affairs investigation filein Case No. 15-0771; the Chron Log prepared by Plaintiff of her activities inCase No. 15-0771; the filemaintained by the Criminal Investigation Division regarding the investigation related to Officer O'Brien's suicide, including all interviews and related recordings; and the audio/video interview of Jasmine Celeste Cedillo aka Celeste Gaup taken by Sergeant Jason Anderson, including allrecordings of private conversations between Celeste Gaup and any thirdperson(s) when investigators leftthe room. The Court having reviewed the hard drive containing said documents, and the City having no objection to the production of the documents pursuant to a court order, the Court finds good cause for production of the documents to Plaintiff subject to the stipulated protective order. The City shall produce the documents toPlaintiff's counsel by no later than January 17, 2020. The Court finds that Plaintiff'sinterest inobtaining Officer Brendan O'Brien's suicide note, which formed the basis for opening the subject Internal Affairs investigation, outweighs the rightto privacy of nonparties Rosemary and John O'Brien. The note shall be produced subject to stipulated the protective order. The Court has signed and filedthe stipulated protective order. The reporter's transcript of the in camera hearing shall be sealed. Order ~ Digital Dated: 12/27/2019 Lau Cl haLbc.. Judge Ronni MacLaren Order SHORT TITLE: CASE NUMBER: Oliver VS City of Oakland RG19007799 ADDITIONAL ADDRESSEES Price, Pamela Y. P.O. Box 5843 Oakland, CA 94605 Order