Judge Thomas Anderle
Department 3 SB-Anacapa
1100 Anacapa Street P.O. Box 21107 Santa Barbara, CA 93121-1107
Dean Opperman et al vs Patricia Wheatley et al |
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| Case No: | 1303726 |
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| Hearing Date: | Tue Nov 24, 2009 9:30 |
Nature of Proceedings: Motion Order for Issuance of a Commission to Appoint G Brock
Application for Order for Issuance of a Commission Ruling: Granted. Analysis: “On request, the clerk of the court shall issue a commission authorizing the deposition in another state or place. The commission shall request that process issue in the place where the examination is to be held, requiring attendance and enforcing the obligations of the deponents to produce documents and answer questions. The commission shall be issued by the clerk to any party in any action pending in its venue without a noticed motion or court order. The commission may contain terms that are required by the foreign jurisdiction to initiate the process. If a court order is required by the foreign jurisdiction, an order for a commission may be obtained by ex parte application.” Code Civ. Proc. § 2026.010(f). There does not appear to be any reason not to issue the commission.