Party Discovery: PERRONI, SAMUEL vs. FINSTAD, ELAINE

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                                7/16/2021 3:25 PM
                                                                              Marilyn Burgess -District Clerk Harris County
                                                                                                   Envelope No. 55437578
                           2021-43156 / Court: 281                                                           By: Joshua Hall
                                                                                                  Filed: 7/16/2021 3:25 PM

                                  CAUSE NO.

IN THE MATTER OF                              §       IN THE DISTRICT COURT OF
THE ISSUANCE OF SUBPOENAS                     §
FOR THE DEPOSITION OF                         §       HARRIS COUNTY, TEXAS
ELAINE FINSTAD                                §       JUDICIAL DISTRICT COURT

            ORIGINAL PETITION REQUESTING ISSUANCE OF SUBPOENA

                                           introduction

       This pleading invokes the Harris County District Court’s jurisdiction in connection with

an ongoing proceeding before a California court, in which a Commission was granted for the

deposition of a Texas witness which is necessary to the disposition of the pending California

matter. The pending California matter involves a dispute between petitioner, Samuel A. Perroni,

and respondents Alex Villanueva, in his official capacity as sheriff, the County of Los Angeles

Sheriff's Department, and Does | through 50, arising out of Mr. Perroni’s request to review

records related to the 1981 death of actress Natalie Wagner, a/k/a Natalie Wood, pursuant to the

California Constitution and the California Public Records Act (the “CPRA”) and respondents’

refusal without lawful justification to produce records that are subject to timely production under

the CPRA.   Mr. Perroni must compel and therefore subpoena the Texas witness, Elaine Finstad,

to obtain her deposition and discover information regarding Ms. Finstad’s access in November

2000 to a box or boxes consisting of the Los Angeles County Sheriff’s Department’s “murder

book” for Ms. Wood, as discussed in her daughter Suzanne Finstad’s republished book Natalie

Wood: the Complete Biography.     See Verified Petition for Writ of Mandate, attached as Exhibit

1

                               Request for Issuance of Subpoena

       Texas Rule of Civil Procedure 201.2 states that if a court of record of any other state

issues a mandate, writ, or commission that requires a witness’s oral or written deposition
testimony in this State, the witness may be compelled to appear and testify in the same manner

and by the same process used for taking testimony in a proceeding pending in this State. See

Tex. R. Civ. P. 201.2; see also Tex. Civ. Prac. Rem. Code § 20.002 (testimony required by

foreign jurisdiction, stating same).

        On July 14, 2021, the Clerk of the Court for the Superior Court of Los Angeles County,

California, issued a Commission to Take Deposition Outside California (the “Commission”).

See Commission to Take Deposition Outside California, attached as Exhibit 2.

        The Commission siates that under California Code of Civil Procedure 2026.010,

California authorizes that a commission to take an out-of-state deposition may be issued by the

clerk of the court or, if the foreign jurisdiction requires it, by order of the court. See Ex. 2. The

Coninission then states that the Superior Court of the State of California requests that process

issue in Texas, “where the examination is to be held, requiring the attendance and enforcing the

obligations of the depouent to produce documents and answer questions.” Id.

       Accordingly, pursuant to Rule 201 25 of the Texas Rules of Civil Procedure and Section

20,002 of the Texas Civil Practices and Remedies Code, Mr. Perroni requests the issuance of a

subpoena, attached as Exhibit 3, to cause Elaine Finstad to appear for deposition at the time and

place named, to answer, under oath, the questions asked of them by Mr. Perroni’s counsel.
Respectfully submitted,

   e Le              a
    (YhD                     ss
 Barty Jewell, Tex. B    3    No. 24033546
“The Youngdahl Law Firm, P.C.
  4203 Montrose Bivd., Ste. 280
  Houston, Texas 77006-5427
  Telephone: (281) 996-0750
  Facsimile: (281) 996-0725
  E-Mail: bjewell@youngdahl.com

 Attorneys for Petitioner Samuel A. Perroni




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