Garber

ORDER DENYING PLAINTIFFS’ PETITION FOR ORDER RELIEVING PLAINTIFFS FROM THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE § 945.

BACKGROUND

This action stems from the search of Plaintiffs’ residence on or about February 7, 2007, and the seizure of eight computers. Six of the computers contained medical records, which were the property of Plaintiffs Emilia C. Ting, M.D., Inc., and Emilia C. Ting, M.D. The search was conducted pursuant to a warrant that concerned Plaintiff Chester S. Garber’s potential possession of child pornography. During the search, Plaintiffs Chester S. Garber and Betty Ting were present and told officers that the computers contained medical records, including the medical records of Plaintiffs Emilia Ting, Betty Ting, and Chester S. Garber, business records of Plaintiffs Chester S. Garber and Betty C. Ting, and photographs and business records of Plaintiffs Garber Services Co., Inc., and Golden Valley Aero, Inc. Five of the computers were returned to Plaintiffs. However, Defendant City of Clovis maintains physical possession of three of Plaintiffs’ computers and will not unconditionally turn over all items seized. No criminal charges have been filed against…