Case Number: BC644258 Hearing Date: March 13, 2018 Dept: 92

JENNIFER TRYER, et al.,

Plaintiff(s),

vs.

TOY RUSSELL FIELDS, III, et al.,

Defendant(s).

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CASE NO: BC644258

[TENTATIVE] ORDER GRANTING DEFENDANT’S TWO MOTIONS TO COMMISSION ALBERT HOLLAN AS COMMISSIONER FOR ISSUANCE OF OUT-OF-STATE DEPOSITION SUBPOENAS

Dept. 92

1:30 p.m.

March 13, 2018

Defendant Toy Russell Fields, III, has attempted to obtain agreements from Plaintiffs Jennifer Tryer and Jonathan Tryer to voluntarily produce their out-of-state medical records. Plaintiffs have not responded to Defendant’s request.

Accordingly, Defendant has filed two motions, one for each plaintiff, each requesting that the Court commission Albert Hollan as commissioner in Texas for purposes of issuing deposition subpoenas in Texas to obtain the medical records.

Pursuant to CCP § 2026.010(f):

On request, the clerk of the court shall issue a commission authorizing the deposition in another state or place. The commission shall request that process issue in the place where the examination is to be held, requiring attendance and enforcing the obligations of the deponents to produce documents and electronically stored information and answer questions. The commission shall be issued by the clerk to any party in any action pending in its venue without a noticed motion or court order. The commission may contain terms that are required by the foreign jurisdiction to initiate the process. If a court order is required by the foreign jurisdiction, an order for a commission may be obtained by ex parte application.

Accordingly, lacking any opposition, Defendant’s motions are GRANTED. The Court hereby appoints Albert Hollan as commissioner for the issuance of out-of-state deposition subpoenas.

Moving party to provide notice.

Dated this 13th day of March, 2018

Hon. Marc Gross

Judge of the Superior Court