Preview
(SBN
1
John S. Woller, Esq. 176370)
LAW OFFICE OF JOHN WOLLER
E
S.
20351 SW Acacia Street
I
Newport Beach, CA 92660
Telephone: 949-705-5340
~
_
Facsimile: 949-851-9685
DEC all 2015
FRE SN o SUPERIOR COURT
Attorney for Defendant/Cross-Complainant, By
EVELYN RODRIGUEZ DEPU W
\OWQQUIAUJNH
DEPT. 403 -
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF FRESNO, B. F. SISK COURTHOUSE
VIMON THAMMAVONGSA, DAVID Case No. l3CECG01884
THAMMAVONGSA, ANNA CIVIL - UNLIMITED
KHAMSOMPHOU & MARINA
THAMMAVONGSA, ASSIGNED FOR ALL PURPOSES TO:
Judge: Mark W. Snauffer
Plaintiffs, Dept: 501
V. DEFENDANT,
vvvvvvvvvvvvvv
EVELYNG
RODRIGUEZ’ MOTION IN LIMINE
EVELYN RODRIGUEZ and DOES l TO PRECLUDE WITNESSES FROM
THROUGH 30, Inclusive, THE COURTROOM
[No. l of 4]
Defendants.
MSC: 12/04/15
Trial Readiness: 12/04/15
Trial (Jury): 12/07/15
NNNNNNNNNHHHHHHHHHH
Complaint Filed: 06/18/13
“\IQUIAWNHOWWQQUIAWNHO
TO ALL PLAINTIFFS AND THEIR ATTORNEYS OF RECORD:
Defendant, EVELYN RODRIGUEZ, hereby moves this Court for an order to exclude all
witnesses, except parties to this action, from the courtroom unless their presence is required for the
purpose of giving testimony.
This motion will be further based on this notice, the Memorandum of Points and Authorities,
the papers and records on file herein, and such oral and documentary evidence as may be presented
at the hearing on this motion.
NH
-1-
DEFENDANT, EVELYNG RODRIGUEZ’ MOTION IN LIMINE TO PRECLUDE WITNESSES FROM
THE COURTROOM
0
MEMORANDUM OF POINTS AND AUTHORITIES
L .
WITNESSES NOT TESTIFYING ARE TO BE EXCLUDED
California Evidence Code §777 states in relevant part:
“. . .the court may exclude from the courtroom any witness not at the
\OMQQUIAWNH
time under examination so that such witness cannot hear the testimony of
other witnesses.”
Therefore, the Court should exclude all witnesses who are not parties to this action
from the courtroom unless their presence isrequire r the purpose of giving testimony.
DATED: #4..» /9' . A
J/OHN S. ~
Attorney for~
a” .
~
.--/
~~
Evelyn Rodrig
~
z
ORDER
.IT IS HEREBY ORDERED that DEFENDANT'S MOTION IN LIMINE TO
EXLCUDE WITNESSES FROM THE COURTROOM-is
DATED:
NNNNNNNNNHHHHHHH
JUDGE OF SUPERIOR COURT
-2-
DEFENDANT, EVELYN G RODRIGUEZ’ MOTION IN LIMINE TO PRECLUDE WITNESSES FROM
THE COURTROOM
PROOF OF SERVICE
(C.C.P. Section 1013a and Section 2015.5)
I am employed in the County of Orange, State of California; I am over the age of eighteen
years and not a party to the within action; my business address is 20351 SW Acacia Street, Newport
Beach, CA 92660.
\OWQQIAIANNH
On December 2, 2015, I served the within DEFENDANT, EVELYNG RODRIGUEZ’
MOTION IN LIMINE TO PRECLUDE WITNESSES FROM THE COURTROOM [No. 1 of
4] on the interested parties in said action, by placing a true copy thereof in an envelope addressed as
shown below by the following means of service:
Joel D. Winter, Esq. David V. Balakian, Esq.
The Winter Law Group 2014 Tulare Street, Suite 210
1057 "R" Street Fresno, CA 93721
Fresno, CA 93721 .
Tel (559) 495-1558/Fax (559) 495-1004
Tel (559) 321-8671/Fax (866) 554-9123 davidbalalcian@sbcglobal.net
joelwinter@comcast.net Attorneys for Plaintiff, Vimon Thammavongsa
.
Attorneys for Plaintiffs, David-
Thammovongsa, Anna Khamsomphou
& Marina Thammovongsa, by GAL
I] BY MAIL: I placed a true copy in a sealed envelope addressed as indicated above, on the
above mentioned date. I am familiar with the firm's practice of collection and processing
correspondence for mailing. It is deposited within the US. Postal Service on that same day
in the ordinary course of business. I am aware that on mention of party served, service is
presumed
mqmuauNHowmqmuAuNr-n’s
invalid if postal cancellation date or postage meter date is more than one day after
date of deposit of mailing in affidavit.
‘
[X] BY GOLDEN STATE OVERNIGHT (080): On the above mentioned date, I placed a true
NNNNNNNNNHHHHHHHHH
copy of the above mentioned document(s), together with an unsigned copy of this
declaration, in a sealed enveIOpe or package designated by GSO with delivery fees paid or
provided for, addressed to the person(s) as indicated above and deposited same in a box or
other facility regularly maintained by GSO to received documents.
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Executed on December 2, 2015, at NeWport Beach, California.
FABIOLA C.
MU SANCHEZ
O .
$2294.31?
6’
.3.
DEFENDANT, EVELYN G RODRIGUEZ’ MOTION IN LHVD'NE TO PRECLUDE WITNESSES FROM
THE COURTROOM
Preview
(SBN 1 John S. Woller, Esq. 176370) LAW OFFICE OF JOHN WOLLER E S. 20351 SW Acacia Street I Newport Beach, CA 92660 Telephone: 949-705-5340 ~ _ Facsimile: 949-851-9685 DEC all 2015 FRE SN o SUPERIOR COURT Attorney for Defendant/Cross-Complainant, By EVELYN RODRIGUEZ DEPU W \OWQQUIAUJNH DEPT. 403 - SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO, B. F. SISK COURTHOUSE VIMON THAMMAVONGSA, DAVID Case No. l3CECG01884 THAMMAVONGSA, ANNA CIVIL - UNLIMITED KHAMSOMPHOU & MARINA THAMMAVONGSA, ASSIGNED FOR ALL PURPOSES TO: Judge: Mark W. Snauffer Plaintiffs, Dept: 501 V. DEFENDANT, vvvvvvvvvvvvvv EVELYNG RODRIGUEZ’ MOTION IN LIMINE EVELYN RODRIGUEZ and DOES l TO PRECLUDE WITNESSES FROM THROUGH 30, Inclusive, THE COURTROOM [No. l of 4] Defendants. MSC: 12/04/15 Trial Readiness: 12/04/15 Trial (Jury): 12/07/15 NNNNNNNNNHHHHHHHHHH Complaint Filed: 06/18/13 “\IQUIAWNHOWWQQUIAWNHO TO ALL PLAINTIFFS AND THEIR ATTORNEYS OF RECORD: Defendant, EVELYN RODRIGUEZ, hereby moves this Court for an order to exclude all witnesses, except parties to this action, from the courtroom unless their presence is required for the purpose of giving testimony. This motion will be further based on this notice, the Memorandum of Points and Authorities, the papers and records on file herein, and such oral and documentary evidence as may be presented at the hearing on this motion. NH -1- DEFENDANT, EVELYNG RODRIGUEZ’ MOTION IN LIMINE TO PRECLUDE WITNESSES FROM THE COURTROOM 0 MEMORANDUM OF POINTS AND AUTHORITIES L . WITNESSES NOT TESTIFYING ARE TO BE EXCLUDED California Evidence Code §777 states in relevant part: “. . .the court may exclude from the courtroom any witness not at the \OMQQUIAWNH time under examination so that such witness cannot hear the testimony of other witnesses.” Therefore, the Court should exclude all witnesses who are not parties to this action from the courtroom unless their presence isrequire r the purpose of giving testimony. DATED: #4..» /9' . A J/OHN S. ~ Attorney for~ a” . ~ .--/ ~~ Evelyn Rodrig ~ z ORDER .IT IS HEREBY ORDERED that DEFENDANT'S MOTION IN LIMINE TO EXLCUDE WITNESSES FROM THE COURTROOM-is DATED: NNNNNNNNNHHHHHHH JUDGE OF SUPERIOR COURT -2- DEFENDANT, EVELYN G RODRIGUEZ’ MOTION IN LIMINE TO PRECLUDE WITNESSES FROM THE COURTROOM PROOF OF SERVICE (C.C.P. Section 1013a and Section 2015.5) I am employed in the County of Orange, State of California; I am over the age of eighteen years and not a party to the within action; my business address is 20351 SW Acacia Street, Newport Beach, CA 92660. \OWQQIAIANNH On December 2, 2015, I served the within DEFENDANT, EVELYNG RODRIGUEZ’ MOTION IN LIMINE TO PRECLUDE WITNESSES FROM THE COURTROOM [No. 1 of 4] on the interested parties in said action, by placing a true copy thereof in an envelope addressed as shown below by the following means of service: Joel D. Winter, Esq. David V. Balakian, Esq. The Winter Law Group 2014 Tulare Street, Suite 210 1057 "R" Street Fresno, CA 93721 Fresno, CA 93721 . Tel (559) 495-1558/Fax (559) 495-1004 Tel (559) 321-8671/Fax (866) 554-9123 davidbalalcian@sbcglobal.net joelwinter@comcast.net Attorneys for Plaintiff, Vimon Thammavongsa . Attorneys for Plaintiffs, David- Thammovongsa, Anna Khamsomphou & Marina Thammovongsa, by GAL I] BY MAIL: I placed a true copy in a sealed envelope addressed as indicated above, on the above mentioned date. I am familiar with the firm's practice of collection and processing correspondence for mailing. It is deposited within the US. Postal Service on that same day in the ordinary course of business. I am aware that on mention of party served, service is presumed mqmuauNHowmqmuAuNr-n’s invalid if postal cancellation date or postage meter date is more than one day after date of deposit of mailing in affidavit. ‘ [X] BY GOLDEN STATE OVERNIGHT (080): On the above mentioned date, I placed a true NNNNNNNNNHHHHHHHHH copy of the above mentioned document(s), together with an unsigned copy of this declaration, in a sealed enveIOpe or package designated by GSO with delivery fees paid or provided for, addressed to the person(s) as indicated above and deposited same in a box or other facility regularly maintained by GSO to received documents. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on December 2, 2015, at NeWport Beach, California. FABIOLA C. MU SANCHEZ O . $2294.31? 6’ .3. DEFENDANT, EVELYN G RODRIGUEZ’ MOTION IN LHVD'NE TO PRECLUDE WITNESSES FROM THE COURTROOM