ERICA AVILES v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND

Case No.: FCS054662    

Pitchess Motion
TENTATIVE RULING
Plaintiff ERICA AVILES moves that the court order Defendant CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION (“CDCR”) to produce the personnel records of Plaintiff, Defendant CHRISTOPHER CHERNISS (“CHERNISS”), and six other CDCR employees for in camera review and possible disclosure pursuant to Evidence Code section 1043.
Legal Standard. Evidence Code section 1043 describes the procedure by which a litigant may discover “peace or custodial officer personnel records or records maintained pursuant to Section 832.5 of the Penal Code [pertaining to citizen complaints against officers],” codifying the “Pitchess” motion. (Garcia v. Superior Court (2007) 42 Cal.4th 63, 69 (Garcia).) The litigant must make a noticed motion identifying the proceeding in which discovery is sought, the party seeking discovery, the personnel whose records are sought, the governmental agency with custody of the records, the time and place at which t........