Plaintiffs' Notice Of Motion And Motion To Compel Depositions Of ...

12345678910111213141516171819202122232425262728Officers Frank Brisslinger and Martin Polo were completely oblivious to their surroundings andclaim to have been unaware that they had run over Cindy Conolly. Id. A swimmer in the ocean whowitnessed the horrid event began yelling at the police officers, waiving his hands and running after thepolice vehicle trying to get them to stop. Id. at 111-113. The Officers claim they did not notice him atall, and after running over Ms. Conolly, they then turned their vehicle to the right, and proceeded downthe beach, thereafter leaving the beach and resuming their normal street patrol. Id.; see also Plaintiffs’Complaint, 11-13.Officers Frank Brisslinger and Martin Polo were called back to the scene approximatelyseventeen (17) minutes later in response to a 911 call. Polo Interview, Exhibit 16 to the Hiepler Decl., 13, p. 105. It was only at this time, according to Officer Polo’s statement to his fellow officers, thatthey realized that they had run over and crushed Ms. Conolly. Shortly thereafter, Cindy Conolly waspronounced dead at the scene of the incident. She died due to blunt force head and chest injuries.Plaintiffs’ Complaint, 14-15.B. Cindy Conolly’s Children Begin Their Search For The Truth About HowOfficers Brisslinger And Polo Could Possibly Have Run Over And KilledTheir Mother Without Realizing What They Had DonePlaintiffs retained counsel shortly after the shocking death of their mother, as they immediatelyknew the tragic death was due to wrongful conduct. Plaintiffs’ and their counsel then proceeded withattempting to determine how it was possible that these Officers had driven a vehicle over Ms. Conolly,who was lying on the beach in a bright blue swimming suit, in plain sight – and how they could not haveknown that they had done so. Declaration of Mark O. Hiepler (“Hiepler Decl.”), 2.In July 2006, the month after the death, plaintiffs’ counsel was informed by Assistant Chief MikeMatlock that the police report regarding this tragic death was close to completion and would be providedto the family. Hiepler Decl., 3. In August, when no police report was forthcoming, plaintiffs’ counselwrote to counsel for the City of Oxnard, again requesting a copy of the police report, as well asproposing that plaintiffs informally be provided the Officers’ statements about the events leading to Ms.Conolly’s death. Id. Plaintiffs’ counsel offered to take a pre-litigation “statement under oath” ofOfficers Brisslinger and Polo to potentially obviate the need for litigation. Id.Plaintiffs’ counsel’srequests were not honored. Id.______________________________________________________________________________3Plaintiffs’ Notice Of Motion And Motion To Compel Depositions Of Defendant City Of Oxnard EmployeesOfficer Frank Brisslinger And Officer Martin Polo; Memorandum Of Points And Authorities;Request For $4,618.80 in Sanctions