Case Number: BC532125    Hearing Date: August 12, 2014    Dept: 92

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

SUZANNE MASUZAWA, et al.,
Plaintiff(s),
vs.

TUCSON TRANSPORT, INC., et al.,

Defendant(s).

CASE NO: BC532125

[TENTATIVE] ORDER GRANTING MOTION TO COMPEL PRODUCTION OF CORONER’S PHOTOGRAPHS

Dept. 92
1:30 p.m. — #32
August 12, 2014

Defendants, Tucson Transport, Inc. and Michelle Louis Campbell’s Motion to Compel Production of Coroner’s Photographs is Granted.

Plaintiffs, Suzanne Masuzawa, Michelle Ukita, and James Wong filed this action against Defendants, Tucson Transport, Inc. and Michelle Louise Campbell for damages arising out of an automobile accident. The accident killed Decedent, Theodore Wong.

The coroner took photographs of the scene of the accident, and Defendants wish to review those photographs in an attempt to determine the facts surrounding Decedent’s death. Defendants subpoenaed the coroner’s file, and the coroner’s office produced portions of the file, but also indicated it would not produce the subject photographs absent a court order per CCP §129. CCP §129 provides:
(a) Notwithstanding any other law, a copy, reproduction, or facsimile of any kind of a photograph, negative, or print, including instant photographs and video recordings, of the body, or any portion of the body, of a deceased person, taken by or for the coroner at the scene of death or in the course of a post mortem examination or autopsy, shall not be made or disseminated except as follows:
…
(2) As a court of this state permits, by order after good cause has been shown and 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.
…

Defendants have filed a stipulation with Plaintiffs agreeing that the photographs should be produced. Defendants have also filed the Declaration of Counsel, who explains that the photographs will be used solely for purposes of litigation, and not for any other purpose. Defendants have filed proof of service of this motion on Plaintiffs’ counsel, the coroner’s office, and the District Attorney’s office. No party or entity has filed opposition to the motion. The motion is therefore granted.

Dated this 12th day of August, 2014

Hon. Elia Weinbach
Judge of the Superior Court