DAVID GALLEGIONI VS. ORIGINAL JOE'S, INC., A CALIFORNIA CORPORATION ET AL

Matter on the Law & Motion and Discovery Calendar for Monday, August 3, 2026, Line 7, DEFENDANT PATRICK RABBIT's Motion For Discovery Of Peace Officer Personnel Records (Pitchess Motion).

Defendant Patrick Rabbit's motion for discovery of peace officer personnel records is denied. Rabbit failed to show that evidence of any complaints made against plaintiff David Gallegioni in his capacity as a deputy sheriff are likely to lead to the discovery of admissible evidence refuting Gallegioni's claims in this case or establishing any of Rabbit's defenses. Gallegioni is not asserting any claims in his capacity as a deputy sheriff and there is nothing before the court that states or suggests that the determination of what did not did not happen at Original Joe's on October 12, 2025 will in any way be informed by what Gallegioni may or may not have done as a deputy sheriff.

In contrast, the usual use of the Pitchess procedure is in the context of a defendant in a criminal case asserting that a peace officer acting in the capacity of a peace office acted similarly to the way he acted at other times as a peace officer.

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Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

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