Judge: Joel R Wohlfeil, Case: 37-2023-00040096-CU-PO-CTL, Date: 2024-05-31 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - May 29, 2024

05/31/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  PI/PD/WD - Other Motion Hearing (Civil) 37-2023-00040096-CU-PO-CTL ORLIN VS EVARKIOU [IMAGED] CAUSAL DOCUMENT/DATE FILED: Amended Motion, 03/12/2024

The Motion (ROA # 23, 46, 56) of Defendants Freddie and Penelope Evarkiou Revocable Trust and Penelope Evarkiou ('Defendants') for a protective order of the deposition by Plaintiff JUDY ORLIN ('Plaintiff') of Defendant Penelope Evarkiou, is CONDITIONALLY GRANTED IN PART and will be HEARD IN PART.

Defendant has made a prima facie showing that, at 94 years of age with medical conditions (see the opinion letter of Dr. Pigeon), the burden of Defendant submitting to a deposition may exceed the benefit of Plaintiff of obtaining Defendant's testimony.

Plus, the Court notes Defendant's proposal to stipulate to liability, while reserving the right to assert Plaintiff's comparative fault for her injuries. (See Defendant's reply - ROA # 55 - at page 2 as follows: 'Defendant has also agreed to accept liability for the subject accident based on the current Complaint, with the only caveat being the Defense would be able to argue comparative negligence of Plaintiff at trial.') The Court will HEAR why, if at all, Defendant's testimony is relevant to the remaining issues in dispute.

The Court will also HEAR how, if at all, Defendant intends to present Defendant or her testimony at trial.

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3126035