Motion,Ex Parte: ODEH -V- FERNANDEZ Print

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     | Jerry S. Akita (SBN 130643)                                SUPERIOR COURT OF CALIFORNIA
       LAW OFFICE OF JERRY S. AKITA                                 COUNTY OF SAN BERNARDINO
                                                                     SAN BERNARDINO DISTRICT
       32158 Camino Capistrano, Ste. A-194                                                                   Cy,
       San Juan Capistrano, CA 92675                                      DEC 15 2020
      (949) 248-1021
      Attorneys for Defendant,
      LYNGLADEN FERNANDEZ, D.D.S.
                                                                  aRSERNANDED
                                                                      FREL  DEPUTY
      Individually and dba KINGSLY DENTISTRY (Incorrectly named
      as LYNGADLEN FERNANDEZ SUAREZ-FERNANDEZ DENTISTRY)
                                                                                                         =



                            SUPERIOR COURT OF THE STATE OF CALIFORNIA

                                FOR THE COUNTY OF SAN BERNARDINO
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11    ALI ODEH,                                          CASE NO.: CIVDS1823772

12                              Plaintiff,               ASSIGNED FOR ALL PURPOSES TO:
                                                         JUDGE WILFRED J. SCHNEIDER, JR.
13           v                                           DEPARTMENT $32

14    LYNGADLEN FERNANDEZ; KINGSLY                       EX PARTE APPLICATION FOR
      DENTISTRY and Does | through 10,                   PROTECTIVE ORDER OR IN THE
15                                                       ALTERNATIVE TO SPECIALLY SET AND
                                Defendants.               SHORTEN NOTICE FOR A MOTION FOR
16                                                        PROTECTIVE ORDER REGARDING
                                                          PLAINTIFF’S DISCOVERY;
17                                                        MEMORANDUM OF POINTS AND
                                                          AUTHORITIES; DECLARATION OF
18                                                        JERRY S. AKITA; [PROPOSED] ORDER

19                                                        DATE:   December    17, 2020
                                                          TIME:   9:00am.
20                                                        DEPT:   S-32

21                                                        Complaint Filed: 9/11/2018
                                                          Trial Date: 8/23/2021
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              APPLICATION          IS HEREBY    MADE BY defendant, LYNGADLEN             FERNANDEZ,
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      D.D.S., for the following orders:
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              ay       An    order to permit   hearing on the attached   Motion   for Protective Order
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      Regarding Plaintiff's Discovery or in the alternative:
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      EX PARTE APPLICATION FOR PROTECTIVE ORDER OR IN THE ALTERNATIVE TO SPECIALLY SET
      WITH SHORTENED NOTICE TIME A MOTION FOR PROTECTIVE ORDER
ww                                      VY


            (2)      An order to specially set the hearing with shortened notice for the attached

     Motion for Protective Order Regarding Plaintiff's Discovery.

            This Application is made at this time inasmuch as plaintiff is repeatedly demanding

     direct access to defendant's dental office and computer system and is seeking to have his

     experts arrive at the dental office of defendant LYNGLADEN         FERNANDEZ,      D.D.S.   for

     unauthorized access to electronic devices including office computer and cell phones.

            This Application and the attached Motion for Protective Order made pursuant to Code

     of Civil Procedure §2031.060 and is made as soon as is reasonably possible inasmuch the

     discovery at issue was propounded on November 22, 2020.

10          Pursuant to California Rule of Court, Rule, 3.1204, notice of this Ex Parte application

11   was been given on December 15, 2020 as set forth in the Declaration of Jerry S. Akita. This
12   Ex Parte Application is based upon the attached Memorandum of Points and Authorities, the

13   enclosed Motion for Protective Order, the Declaration of Jerry S. Akita, and upon such oral

14   and documentary evidence as may be offered at the time of the hearing on this matter.

15   DATED:       December 15, 2020            LAW OFFICE OF JERRY S. AKITA

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                                               By:
                                                     Ated   2)
                                                             . Akita
                                                       ttorreys for Defendants
                                                             LADEN FERNANDEZ, D.D.S.,
19                                                   Individually and dba KINGSLY DENTISTRY
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                                                     2
      EX PARTE APPLICATION FOR PROTECTIVE ORDER OR IN THE ALTERNATIVE TO SPECIALLY SET
     WITH SHORTENED NOTICE TIME A MOTION FOR PROTECTIVE ORDER