On September 19, 2018 a
Opposition - OPPOSITION DEFENDANT’S OPPOSITION TO PLAINTIFF’S REQUEST TO SEVER ISSUES OF LAW AT TRIAL FOR DETERMINATION BY THE COURT BEFORE REMAINING QUESTIONS OF FACT ARE PRESENTED TO THE JURY
was filed
involving a dispute between
Nina Montoya,
Oguntolu Olufemi,
and
Montoya Nina C.,
Nina Montoya,
Oguntolu Olufemi,
for civil
in the District Court of Los Angeles County.
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Electronically FILED by Superior Court of California, County of Los Angeles on 12/03/2019 11:10 PM Sherri R. Carter, Executive Officer/Clerk of Court, by R. Sanchez,Deputy Clerk
1 Shannon Seibert (CBN 240317)
seibert@sbm.law
2 Joe Bautista (CBN 255708)
bautista@sbm.law
3
SEIBERT BAUTISTA MONTOYA
4 2100 Embarcadero, Ste. 203
Oakland, CA 94606
5 Tel: 510.679.1981
Fax: 510.679.1982
6
Attorneys for Defendant
7
8 SUPERIOR COURT OF CALIFORNIA
9
COUNTY OF LOS ANGELES – STANLEY MOSK
10
OLUFEMI OGUNTOLU,
11 CASE NO.: BC722093
Plaintiff,
12 DEFENDANT’S OPPOSITION TO
vs.
PLAINTIFF’S REQUEST TO SEVER ISSUES
13 OF LAW AT TRIAL FOR DETERMINATION
NINA MONTOYA,
14
BY THE COURT BEFORE REMAINING
Defendant. QUESTIONS OF FACT ARE PRESENTED TO
15 THE JURY
16 Date: December 4, 2019
Time: 8:30 a.m.
17
Dept.: 36
18
Complaint Filed: September 19, 2018
19 FAC Filed: October 19, 2018
Trial Date: December 11, 2019
20
21
I.
22
INTRODUCTION
23
Plaintiff previously filed a motion to bifurcate under Code of Civil Procedure section 591,
24
592, 598 and 1048(b) which was taken under submission by this court on November 12, 2019 and
25
denied on November 27, 2019. Plaintiff now improperly brings yet another noticed motion on the
26
same matter before this court. This is improper for three reasons. First, because a party cannot bring
27
_________________________________________________________________________________________________
28
1
OPPOSITION TO PLAINTIFF’S REQUEST TO SEVER ISSUES OF LAW
Document Filed Date
December 03, 2019
Case Filing Date
September 19, 2018
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Electronically FILED by Superior Court of California, County of Los Angeles on 12/03/2019 11:10 PM Sherri R. Carter, Executive Officer/Clerk of Court, by R. Sanchez,Deputy Clerk 1 Shannon Seibert (CBN 240317) seibert@sbm.law 2 Joe Bautista (CBN 255708) bautista@sbm.law 3 SEIBERT BAUTISTA MONTOYA 4 2100 Embarcadero, Ste. 203 Oakland, CA 94606 5 Tel: 510.679.1981 Fax: 510.679.1982 6 Attorneys for Defendant 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF LOS ANGELES – STANLEY MOSK 10 OLUFEMI OGUNTOLU, 11 CASE NO.: BC722093 Plaintiff, 12 DEFENDANT’S OPPOSITION TO vs. PLAINTIFF’S REQUEST TO SEVER ISSUES 13 OF LAW AT TRIAL FOR DETERMINATION NINA MONTOYA, 14 BY THE COURT BEFORE REMAINING Defendant. QUESTIONS OF FACT ARE PRESENTED TO 15 THE JURY 16 Date: December 4, 2019 Time: 8:30 a.m. 17 Dept.: 36 18 Complaint Filed: September 19, 2018 19 FAC Filed: October 19, 2018 Trial Date: December 11, 2019 20 21 I. 22 INTRODUCTION 23 Plaintiff previously filed a motion to bifurcate under Code of Civil Procedure section 591, 24 592, 598 and 1048(b) which was taken under submission by this court on November 12, 2019 and 25 denied on November 27, 2019. Plaintiff now improperly brings yet another noticed motion on the 26 same matter before this court. This is improper for three reasons. First, because a party cannot bring 27 _________________________________________________________________________________________________ 28 1 OPPOSITION TO PLAINTIFF’S REQUEST TO SEVER ISSUES OF LAW