Judge: Mark E. Windham, Case: 23STCP00232, Date: 2023-03-15 Tentative Ruling

Case Number: 23STCP00232    Hearing Date: March 15, 2023    Dept: 26

Rosenberg v. Los Angeles County Medical Examiner-Coroner, et al.

MOTION TO COMPEL PRODUCTION OF DNA EVIDENCE

(Fed. Rules of Civ. Proc., Rule 37)

TENTATIVE RULING:

Petitioner Aaron Rosenberg’s Motion to Compel Production of DNA Evidence is DENIED.

HEARING ON PETITION SET FOR JUNE 2, 2023 IS ADVANCED TO THIS DATE AND DISMISSED.

ANALYSIS:

Petitioner Aaron Rosenberg (“Petitioner”) filed the instant Petition to Compel Production of DNA Evidence on January 27, 2023. The Petition seeks to compel Respondent Los Angeles County Department of Medical Examiner-Coroner (“Respondent”) to release the blood card it allegedly has in its possession of Petitioner’s deceased nephew. Petitioner seeks to compel production of the blood card in order to inherit tribal monies from a Native American corporation. (Id. at pp. 1:27-2:4.) The Petition, and the corresponding Motion to Compel Production of DNA evidence, are brought pursuant to Federal Rules of Civil Procedure, rule 37, subdivision (a). (Motion, p. 1:22-25.)

The Federal Rules of Civil Procedure, however, are inapplicable in California state court. (Fed. Rules of Civ. Proc., rule 1.) Accordingly, this Court cannot grant the relief sought in the Petition, which must be sought in a federal district court.

Conclusion

Petitioner Aaron Rosenberg’s Motion to Compel Production of DNA Evidence is DENIED.

HEARING ON PETITION SET FOR JUNE 2, 2023 IS ADVANCED TO THIS DATE AND DISMISSED.

Court clerk to give notice.