Motion for Order to Examine Prisoner Plaintiff Thomas by Deposition
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 24CV008078: THOMAS vs MCGUIRE, et al. 06/04/2026 Hearing on Motion for Order to Examine Prisoner Plaintiff Thomas by Deposition in Department 16D
Tentative Ruling NOTICE: Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure: To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below.
If no request for oral argument is made, the tentative ruling becomes the final order of the Court. Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.
The Department 16D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16146506749 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED. Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf.
Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.pdf. A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list. Once the form is signed it must be filed with the clerk.
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 24CV008078: THOMAS vs MCGUIRE, et al. 06/04/2026 Hearing on Motion for Order to Examine Prisoner Plaintiff Thomas by Deposition in Department 16D
and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided. *** NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G. ST. SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***
TENTATIVE RULING: Oral Argument will take place on June 18, 2026, at 1:30 p.m., in this Department.
The Clerk shall fax a copy of this tentative ruling to the litigation coordinator. The litigation coordinator shall provide the tentative ruling to Plaintiff Edward Thomas within 48 hours.
The litigation coordinator is directed to have Plaintiff Edward Thomas available at oral argument on June 18, 2026, at 1:30 p.m. Appearance will be by ZOOM. Department 16D Zoom ID is: 161 4650 6749. To appear on Zoom by phone, call (833) 568-8864 and enter 161 4650 6749#. Appearance is required.
Defendants Peterson, et al.s unopposed motion for an order authorizing deposition of prisoner Plaintiff Edward Thomas is granted. Defendants seek to take the deposition of Plaintiff, who is currently incarcerated at California State Prison, Los Angeles County. Defendants contend that they need to take the deposition of Plaintiff to obtain information and evidence regarding his claims against them.
Penal Code § 2623 provides as follows: If in a civil action or special proceeding a witness be a prisoner, confined in a state prison within this state, an order for the prisoner’s examination in the prison by deposition may be made.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 24CV008078: THOMAS vs MCGUIRE, et al. 06/04/2026 Hearing on Motion for Order to Examine Prisoner Plaintiff Thomas by Deposition in Department 16D
1. By the court itself in which the action or special proceeding is pending, unless it be a small claims court.
2. By a judge of the superior court of the county where the action is pending, if pending before a small claims court or before a judge or other person out of court. Such an order can only be made on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality. The deposition, when ordered, shall be taken in accordance with Section 2622. (Penal Code § 2623.)
Defendants have established Plaintiff is a material witness to the action. Indeed, Plaintiff has brought the lawsuit against Defendants. The motion is also unopposed, which the Court deems a concession on the merits. (See D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.)
The unopposed motion is granted. The Court orders the deposition to take place pursuant to Penal Code § 2622 and in coordination with the facility at which Plaintiff is incarcerated and in compliance with such facilitys protocols. Defendants shall meet and confer with the facility regarding scheduling and taking of the proposed deposition at the facility. This minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.