Judge: Daniel M. Crowley, Case: 20STCV43388, Date: 2023-02-27 Tentative Ruling

Case Number: 20STCV43388    Hearing Date: February 27, 2023    Dept: 28

Defendant All Faiths Funeral Home’s Motion to Permit Reproduction of Photograph of Decedent

Having considered the moving papers, the Court rules as follows. 

BACKGROUND

On November 12, 2020, Plaintiffs Paul Jones (“Jones”) and Kimberly Hodge (“Hodge”) filed this action against Defendant All Faiths Funeral Home (“Defendant”) for negligence.

On November 24, 2020, Plaintiffs filed the FAC.

On January 26, 2023, Defendant filed an answer.

On January 13, 2023, Defendant filed a Motion to Permit Reproduction of Photograph of Decedent to be heard on February 27, 2023.

Trial is currently scheduled for September 19, 2023.

PARTY’S REQUESTS

Defendant requests the Court order the County of Los Angeles Coroner’s office to produce a reproduction of the photographs/negatives/prints of Decedent’s corpse at the time of examination.

LEGAL STANDARD

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:

(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 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.

(3) For use or potential use in a civil action or proceeding in this state that relates to the death of that person, if either of the following applies:

(A) The coroner receives written authorization from a legal heir or representative of that person before the action is filed or while the action is pending. To verify the identity of the legal heir or representative, all of the following shall be provided to the coroner:

(i) A declaration under penalty of perjury that the individual is a legal heir or representative of the deceased person.

(ii) A valid form of identification.

(iii) A certified death certificate.

(B) A subpoena is issued by a party who is a legal heir or representative of the deceased person in a pending civil action.”

DISCUSSION

In order for the Court to grant a motion under CCP § 129, a moving party must show good cause and written notification upon the proper district attorney.

The Court finds good cause, as Plaintiffs allege that Defendant negligently stored Decedent, causing premature discomposure of the corpse.

Defendant states that written notification for the request has been served on the district attorney more than five days before the hearing. However, Defendant provided no evidence of such. The proof of service only lists Plaintiffs’ attorneys, and the declaration does not address this issue. The Court continues the hearing on this motion so that Defendant can provide proof of service of written notification on the proper district attorney.

CONCLUSION

Defendant All Faiths Funeral Home’s Motion to Permit Reproduction of Photograph of Decedent is CONTINUED to March 6, 2023, at 1:30 p.m. in Department 28 of the Spring Street Courthouse.

            Moving party is ordered to give notice of this ruling.

Moving Party is ordered to file the proof of service of this ruling with the Court within five days.