On April 26, 2019 a
Order
was filed
involving a dispute between
Ching Fen Huang,
Hsi Keng Huang,
Hsi Keng Huang,
Sz Hua Huang,
Sz Hua Huang,
Wei Lun Huang,
Trinity Huang,
Tristan Huang,
and
Tesla Inc.,
Tesla, Inc.,
The State Of California, Department Of Transportation,
for Other PI/PD/WD Unlimited (23)
in the District Court of Santa Clara County.
Preview
EFS-020
JATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO, FOR COURT USE ONLY
NAME:
Firm Name:California Department of Transportation, Legal Division
[STREET ADDRESS: 111 Grand Avenue, Suite 11-100
lciry. STATE ZIP CODE:
TELEPHONE NO. FAX NO.
E-MAIL ADDRESS.
ATTORNEY FOR (name) State of California Dept. of Transportation
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
sTREET Apress: 191 North First Street
MAILING ADDRESS: 191 North First Street
CITY AND ZIP CODE:
BRANCH NAME: CASE NUMBER,
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT: JUDICIAL OFFICER:
OTHER: Hon. Judge Pennypacker
DEPT:
PROPOSED ORDER (COVER SHEET)
NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent
electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed
order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed
order in PDF format are filed.
1 Name of the party submitting the proposed order:Def. State of California, Department of Transportation
2. Title of the proposed order:
3. The proceeding to which the proposed order relates is:
a Description of proceeding: EX PARTE APPLICATION FOR ORDER SHORTENING TIME AND SPECIALLY SETTING HEARING RE
MOTION TO COMPEL
b. Date and time:
Place:
4. The proposed order was served on the other parties in the case.
1A +
\O
(TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATTORNEY)
Page 1 of 2
Form Adopted for Mandatory Use PROPOSED ORDER (COVER SHEET) Cal. Rules of Court,
Judicial Council of California rules 2.252, 3.1312
EFS.020 [Rev. February 1, 2017] (Electronic Filing) www.courts.ca.gov
Westlaw Doc & Form Builder
ERIN E. HOLBROOK, Chief Counsel
G. MICHAEL HARRINGTON, Deputy Chief Counsel
LANDA LOW, Deputy Attorney (SBN [25121
ROSEMARY LOVE, Deputy Attorney (SBN 257907 Filed
ANDREW GOKOFFSKI, Deputy Attorney (SBN 321272) October 25, 2023
III Grand Avenue, Suite 11-100, Oakland, CA 94612 Clerk of the Court
Mail: P.O. Box 24325, Oakland, California 94623
Telephone: (510) 433-9100, Fax: (510) 433-9167 Superior Court of CA
County of Santa Clara
Attomeys for Defendant STATE OF CALIFORNIA, 19CV346663
acting by and through the Department of Transportation (“Caltrans”)
By: vwong
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
10
11 SZ HUA HUANG, Individually and as Case No. 19CV346663
Sn
gs successor in interest to WEI LUN HUANG,
12 deceased; TRINITY HUANG, a minor; Assigned for all purposes to Hon. Evette
TRISTAN HUANG, a minor; HSI KENG Pennypacker; Dept. 6
13 HUANG; and CHING FEN HUANG,
=e
14
£8 Plaintiffs, ORDER GRANTING EX
Zs
ss PARTE APPLICATION FOR ORDER
=¢ 15
eh
a VS. SHORTENING TIME AND SPECIALLY
Sy SETTING HEARING RE DEFENDANT
83 16
Sys TESLA INC. dba TESLA MOTORS, INC., STATE OF CALIFORNIA,
Ere THE STATE OF CALIFORNIA, and Does DEPARTMENT OF
R28 17
oye I through 100, TRANSPORTATION’S
=&
SES MOTION TO COMPEL THE
EOS 18
gs Defendants. DEPOSITIONS OF PLAINTIFFS’ NON-
RETAINED EXPERT WITNESSES DR.
19 BADGER AND DR. HARRIS
20 Date:
Time:
21 Location:
22
Complaint Filed: April 26, 2019
23
Trial Date: March 18, 2024
24
25 The Ex Parte Application of Defendant State of California, Department of Transportation for
26 an Order Shortening Time and Request to Specially Set Re Motion to Compel the Depositions of
27
I
28 {PROPOSED} ORDER GRANTING EX PARTE APPLICATION FOR ORDER SHORTENING TIME AND
SPECIALLY SETTING HEARING RE DEFENDANT STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION’S MOTION TO COMPEL THE DEPOSITIONS OF PLAINTIFFS’ NON-RETAINED EXPERT
WITNESSES DR. BADGER AND DR. HARRIS.
Plaintiffs Non Retained Expert Witnesses Dr. Badger and Dr. Harris was heard by the Court
ctober 25, 2023
he Court, having reviewed the Ex Parte Application for Order Shortening Time,
and with good cause appearing therefore:
IS HEREBY ORDERED that:
The Defendant State of California, Department of Transportation Ex Parte Application for
an Order Shortening Timand Request to pecially Set Re Motion to Compel the
Depositions of Plaintiffs Non Retained Expert Witnesses Dr. Badger and Dr. Harrisis
granted.
Defendant State of California, Department of Transportation Motion to Compel the
Depositions of Plaintiffs Non Retained Expert Witnesses Dr. Badger and Dr. Harrisshall be
heard on November 7, 2023 at 9:00 a.m, to join with CalTrans other motion to
augment expert disclosures
3. No further briefing on CalTrans' motion to compel Drs. Badger and Harris's
depositions is permitted.
IT IS SO ORDERED.
Dated
October 25, 2023 Ue 0 [GPS
Judge of the Superior Court
IRDER GRANTING EX PARTE APPLICATION FOR ORDER SHORTENING TIME
SPECIALLY SETTING HEARING RE DEFENDANT STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION MOTION TO COMPEL THE DEPOSITIONS OF PLAINTIFFS’ NON RETAINED EXPERT
WITNESSES DR. BADGER AND DR. HARRIS
Preview
EFS-020 JATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO, FOR COURT USE ONLY NAME: Firm Name:California Department of Transportation, Legal Division [STREET ADDRESS: 111 Grand Avenue, Suite 11-100 lciry. STATE ZIP CODE: TELEPHONE NO. FAX NO. E-MAIL ADDRESS. ATTORNEY FOR (name) State of California Dept. of Transportation SUPERIOR COURT OF CALIFORNIA, COUNTY OF sTREET Apress: 191 North First Street MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: BRANCH NAME: CASE NUMBER, PLAINTIFF/PETITIONER: DEFENDANT/RESPONDENT: JUDICIAL OFFICER: OTHER: Hon. Judge Pennypacker DEPT: PROPOSED ORDER (COVER SHEET) NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed order in PDF format are filed. 1 Name of the party submitting the proposed order:Def. State of California, Department of Transportation 2. Title of the proposed order: 3. The proceeding to which the proposed order relates is: a Description of proceeding: EX PARTE APPLICATION FOR ORDER SHORTENING TIME AND SPECIALLY SETTING HEARING RE MOTION TO COMPEL b. Date and time: Place: 4. The proposed order was served on the other parties in the case. 1A + \O (TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATTORNEY) Page 1 of 2 Form Adopted for Mandatory Use PROPOSED ORDER (COVER SHEET) Cal. Rules of Court, Judicial Council of California rules 2.252, 3.1312 EFS.020 [Rev. February 1, 2017] (Electronic Filing) www.courts.ca.gov Westlaw Doc & Form Builder ERIN E. HOLBROOK, Chief Counsel G. MICHAEL HARRINGTON, Deputy Chief Counsel LANDA LOW, Deputy Attorney (SBN [25121 ROSEMARY LOVE, Deputy Attorney (SBN 257907 Filed ANDREW GOKOFFSKI, Deputy Attorney (SBN 321272) October 25, 2023 III Grand Avenue, Suite 11-100, Oakland, CA 94612 Clerk of the Court Mail: P.O. Box 24325, Oakland, California 94623 Telephone: (510) 433-9100, Fax: (510) 433-9167 Superior Court of CA County of Santa Clara Attomeys for Defendant STATE OF CALIFORNIA, 19CV346663 acting by and through the Department of Transportation (“Caltrans”) By: vwong SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA 10 11 SZ HUA HUANG, Individually and as Case No. 19CV346663 Sn gs successor in interest to WEI LUN HUANG, 12 deceased; TRINITY HUANG, a minor; Assigned for all purposes to Hon. Evette TRISTAN HUANG, a minor; HSI KENG Pennypacker; Dept. 6 13 HUANG; and CHING FEN HUANG, =e 14 £8 Plaintiffs, ORDER GRANTING EX Zs ss PARTE APPLICATION FOR ORDER =¢ 15 eh a VS. SHORTENING TIME AND SPECIALLY Sy SETTING HEARING RE DEFENDANT 83 16 Sys TESLA INC. dba TESLA MOTORS, INC., STATE OF CALIFORNIA, Ere THE STATE OF CALIFORNIA, and Does DEPARTMENT OF R28 17 oye I through 100, TRANSPORTATION’S =& SES MOTION TO COMPEL THE EOS 18 gs Defendants. DEPOSITIONS OF PLAINTIFFS’ NON- RETAINED EXPERT WITNESSES DR. 19 BADGER AND DR. HARRIS 20 Date: Time: 21 Location: 22 Complaint Filed: April 26, 2019 23 Trial Date: March 18, 2024 24 25 The Ex Parte Application of Defendant State of California, Department of Transportation for 26 an Order Shortening Time and Request to Specially Set Re Motion to Compel the Depositions of 27 I 28 {PROPOSED} ORDER GRANTING EX PARTE APPLICATION FOR ORDER SHORTENING TIME AND SPECIALLY SETTING HEARING RE DEFENDANT STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION’S MOTION TO COMPEL THE DEPOSITIONS OF PLAINTIFFS’ NON-RETAINED EXPERT WITNESSES DR. BADGER AND DR. HARRIS. Plaintiffs Non Retained Expert Witnesses Dr. Badger and Dr. Harris was heard by the Court ctober 25, 2023 he Court, having reviewed the Ex Parte Application for Order Shortening Time, and with good cause appearing therefore: IS HEREBY ORDERED that: The Defendant State of California, Department of Transportation Ex Parte Application for an Order Shortening Timand Request to pecially Set Re Motion to Compel the Depositions of Plaintiffs Non Retained Expert Witnesses Dr. Badger and Dr. Harrisis granted. Defendant State of California, Department of Transportation Motion to Compel the Depositions of Plaintiffs Non Retained Expert Witnesses Dr. Badger and Dr. Harrisshall be heard on November 7, 2023 at 9:00 a.m, to join with CalTrans other motion to augment expert disclosures 3. No further briefing on CalTrans' motion to compel Drs. Badger and Harris's depositions is permitted. IT IS SO ORDERED. Dated October 25, 2023 Ue 0 [GPS Judge of the Superior Court IRDER GRANTING EX PARTE APPLICATION FOR ORDER SHORTENING TIME SPECIALLY SETTING HEARING RE DEFENDANT STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION MOTION TO COMPEL THE DEPOSITIONS OF PLAINTIFFS’ NON RETAINED EXPERT WITNESSES DR. BADGER AND DR. HARRIS