Opinion
No. CIV S-03-1014 LKK KJM P.
January 14, 2008
ORDER
This matter was on calendar on January 14, 2008 for trial confirmation hearing. Plaintiff appeared in pro per via videoconferencing; Anthony O'Brien, Deputy Attorney General, appeared for defendants Aguilera, Cook, Iannone, Nichols, Plainer, and Stiles.
After hearing, IT IS HEREBY ORDERED that:
1. Trial is confirmed for April 15, 2008 at 10:30 a.m. before the Honorable Lawrence K. Karlton in Courtroom Four, 501 I Street, Sacramento, California;
2. Defendants may present the testimony of MTA Winters and Dr. Rohlfing by affidavit;
3. Within ten days of the date of this order, plaintiff may file a motion to reconsider the magistrate judge's denial of plaintiff's motion to inspect the officer defendants' files for any past complaints of excessive force or false statements. Defendants' opposition to the motion to reconsider, if any, is due ten days after the filing of the motion.
In California criminal practice, this is called a "Pitchess motion." Pitchess v. Superior Court, 11 Cal.3d 531 (1974); see Cal. Evid. Code §§ 1043- 1045; Cal. Penal Code §§ 832.7 832.8.