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BENSON v. SUPERIOR COURT

No. A127285, A127305.

185 Cal.App.4th 1179 (2010)

PETER A. BENSON, Petitioner, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; ISOLINA PICON, Real Party in Interest. COUNTY OF SAN MATEO et al., Petitioners, v. THE SUPERIOR COURT OF SAN MATEO COUNTY, Respondent; ISOLINA PICON, Real Party in Interest.

Court of Appeals of California, First District, Division Four.

May 25, 2010.

Attorney(s) appearing for the Case

Hassard Bonnington, Joseph C. Gharrity and B. Thomas French for Petitioner Peter A. Benson.

Michael P. Murphy, County Counsel, John D. Nibbelin, David A. Silberman and Glenn M. Levy, Deputy County Counsel, for Petitioners County of San Mateo et al.

Pacific West Law Group and Gregory M. Abrams for National Association of Medical Examiners and California Society of Pathologists as Amici Curiae on behalf of Peitioners.

No appearance for Respondent.

Law Offices of Ayanna L. Jenkins Toney and Ayanna L. Jenkins Toney for Real Party in Interest.

OPINION

REARDON, J.—

A county coroner, conducting an inquiry into cause of death, has no duty to obtain consent from next of kin before retaining a part of the decedent's body to determine cause of death, or for scientific investigation or coroner training. We therefore grant the petitions for extraordinary relief filed by defendants in the underlying action and direct the trial court to enter judgment for defendants.

BACKGROUND...

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