2013-00148017-CU-PA

Linda Garret vs. Conti Materials Service, LLC

Nature of Proceeding: Motion for Order Permitting Reproduction of Photographs

Filed By: Sheffer, Craig C.

Plaintiffs’ Motion for Order Permitting Reproduction of Photographs taken by the
coroner pursuant to CCP 129 is unopposed but is denied, without prejudice.

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.

When courts interpret a statute, “[o]ur fundamental task … is to determine the
Legislature’s intent so as to effectuate the law’s purpose. We first examine the
statutory language, giving it a plain and commonsense meaning. We do not examine
that language in isolation, but in the context of the statutory framework as a whole in
order to determine its scope and purpose and to harmonize the various parts of the
enactment. If the language is clear, courts must generally follow its plain meaning
unless a literal interpretation would result in absurd consequences the Legislature did
not intend. If the statutory language permits more than one reasonable interpretation,
courts may consider other aids, such as the statute’s purpose, legislative history, and
public policy.” (Coalition of Concerned Communities, Inc. v. City of Los Angeles (2004)
34 Cal.4th 733, 737.) “Furthermore, we consider portions of a statute in the context of
the entire statute and the statutory scheme of which it is a part, giving significance to
every word, phrase, sentence, and part of an act in pursuance of the legislative

purpose.” (Curle v. Superior Court (2001) 24 Cal.4th 1057, 1063.)

The plain language of the statute provides that 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. In this case, there is no proof of service of this
motion on the District Attorney, as required.

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

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