2013-00148017-CU-PA

Linda Garret vs. Conti Materials Service LLC

Nature of Proceeding: Motion for Order Permitting Reproduction of Photographs (Joinder by

Filed By: Sheffer, Craig C.

Plaintiffs unopposed Motion for Order Permitting Reproduction of Photographs taken
by the coroner pursuant to CCP § 129 order is granted.

The motion was previously denied without prejudice on April 22, 2014, based on
Plaintiffs’ failure to serve the District Attorney as required by CCP § 129. Plaintiffs
have now served the District Attorney.

Defendants’ joinder is granted.

As set forth in the previous tentative ruling, this is a wrongful death action in which
plaintiffs’ decedent was hit by a truck while riding his bicycle. Plaintiff seeks
reproductions of the photographs taken of decedent during the coroner’s exam.

CCP §129 provides, in pertinent part, that no such photos or copies of photos shall be
made or disseminated except as follows:

(a)(1) For use in a criminal action or proceeding in this state that relates to the
death of that person.

(2) As a court of this state permits, by order after good cause has been shown
after written notification of the request for the court order has been served, at
least five days before the order is made, upon the district attorney of the County
in which the post mortem examination or autopsy has been made or caused to
be made.

Here, good cause exists to allow plaintiffs to obtain photographs taken of the decedent
during his external examination conducted by the Sacramento County Forensic
Pathologist. Plaintiffs’ counsel states that to properly litigate their wrongful death
claim, their consultants and experts need to view the photographs. (Scheffer Decl. ¶
3.)

The motion is granted. The Sacramento County Coroner’s Office shall produce to
Plaintiffs, through Plaintiffs’ counsel, copies on photographs taken during the external
examination of Plaintiffs’ decedent Brian Thomas Garrett on June 29, 2013.

The minute order is effective immediately. No formal order pursuant to CRC Rule
3.1312 or further notice is required.