Judge: Lee S. Arian, Case: 22STCV29169, Date: 2025-05-29 Tentative Ruling

Case Number: 22STCV29169    Hearing Date: May 29, 2025    Dept: 27

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

Defendant GM LLC moves for an order directing the Riverside County Sheriff Coroner’s Office to release photographs and other materials related to the autopsy and incident scene involving Decedent Luis Manuel Ortega Almanza, pursuant to Code of Civil Procedure section 129. The motion is unopposed.

Under Code of Civil Procedure section 129, a court may permit the release of photographs taken by or for the coroner at the scene of death or during a post mortem examination, upon a showing of good cause and written notice to the district attorney in the relevant county at least five days before the order is made. (Code Civ. Proc., § 129.)

Here, Defendant has complied with the procedural requirements of section 129. Defendant served the Riverside County District Attorney’s Office with notice of the motion on April 14, 2025. (Pacetti Decl., ¶ 7.) Defendant has also demonstrated good cause for the release of the requested materials. The photographic evidence sought includes digital images of the autopsy and incident scene, which are relevant to the parties’ claims and defenses regarding the cause of Decedent’s fatal injuries. (Pacetti Decl., ¶¶ 3–6.) The images are material to evaluating Plaintiffs’ allegations that vehicle design defects contributed to Decedent’s death. Defendant represents that the images will be used solely for purposes of this litigation and not for any improper purpose. (Pacetti Decl., ¶ 6.)

Plaintiffs did not file an opposition to the motion or otherwise object to the requested relief.

Accordingly, the motion is granted. The Riverside County Sheriff Coroner’s Office is ordered to release to Defendant General Motors LLC copies of all photographs of Decedent Luis Manuel Ortega Almanza taken at the scene of the incident and during the autopsy.

Parties who intend to submit on this tentative must send an email to the Court at SSCDEPT27@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court’s website at www.lacourt.org.  Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter.  Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue.  If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.