This case was last updated from Los Angeles County Superior Courts on 08/18/2022 at 17:30:15 (UTC).

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB VS KEVIN GUICE

Case Summary

On 04/21/2022 INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB filed a Personal Injury - Uninsured Motor Vehicle lawsuit against KEVIN GUICE. This case was filed in Los Angeles County Superior Courts, Michael Antonovich Antelope Valley Courthouse located in Los Angeles, California. The Judge overseeing this case is STEPHEN MORGAN. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0275

  • Filing Date:

    04/21/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Uninsured Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

STEPHEN MORGAN

 

Party Details

Plaintiff

INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB

Defendant

GUICE KEVIN

Attorney/Law Firm Details

Plaintiff Attorney

KORFF EVE HELENE

Defendant Attorney

OLDHAM-MONROE TYLER H.

 

Court Documents

Notice of Case Assignment - Unlimited Civil Case

4/21/2022: Notice of Case Assignment - Unlimited Civil Case

Complaint

4/21/2022: Complaint

Opposition - OPPOSITION TO PETITIONER'S MOTION FOR PROTECTIVE ORDER

6/1/2022: Opposition - OPPOSITION TO PETITIONER'S MOTION FOR PROTECTIVE ORDER

Motion for Protective Order

4/28/2022: Motion for Protective Order

Notice of Related Case

4/28/2022: Notice of Related Case

Notice Re: Continuance of Hearing and Order

6/13/2022: Notice Re: Continuance of Hearing and Order

Reply - REPLY TO RESPONDENT'S OPPOSITION TO MOTION FOR PROTECTIVE ORDER

6/7/2022: Reply - REPLY TO RESPONDENT'S OPPOSITION TO MOTION FOR PROTECTIVE ORDER

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION FOR PROTECTIVE ORDER) OF 06/30/2022, ORDER AFTER HEARING/STATEMENT OF DECISION

6/30/2022: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION FOR PROTECTIVE ORDER) OF 06/30/2022, ORDER AFTER HEARING/STATEMENT OF DECISION

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR PROTECTIVE ORDER)

6/30/2022: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR PROTECTIVE ORDER)

Order - ORDER AFTER HEARING/STATEMENT OF DECISION

6/30/2022: Order - ORDER AFTER HEARING/STATEMENT OF DECISION

Opposition - SUPPLEMENTAL BRIEF REGARDING PETITIONER'S PRIVILEGE LOG

8/16/2022: Opposition - SUPPLEMENTAL BRIEF REGARDING PETITIONER'S PRIVILEGE LOG

Notice - NOTICE PETITIONER'S NOTICE OF PRIVILEGE LOG PURSUANT TO COURT ORDER

7/28/2022: Notice - NOTICE PETITIONER'S NOTICE OF PRIVILEGE LOG PURSUANT TO COURT ORDER

 

Docket Entries

  • 04/10/2025
  • Hearing04/10/2025 at 08:30 AM in Department A14 at 42011 4th Street West, Lancaster, CA 93534; Order to Show Cause Re: Dismissal

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  • 06/29/2023
  • Hearing06/29/2023 at 08:30 AM in Department A14 at 42011 4th Street West, Lancaster, CA 93534; Non-Jury Trial

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  • 06/15/2023
  • Hearing06/15/2023 at 10:00 AM in Department A14 at 42011 4th Street West, Lancaster, CA 93534; Final Status Conference

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  • 08/30/2022
  • Hearing08/30/2022 at 08:30 AM in Department A14 at 42011 4th Street West, Lancaster, CA 93534; Hearing on Motion for Protective Order

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  • 08/16/2022
  • DocketSupplemental Brief Regarding Petitioner's Privilege Log; Filed by Kevin Guice (Defendant)

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  • 07/28/2022
  • DocketPetitioner's Notice of Privilege Log Pursuant June 30, 2022 Order Regarding Motion for Protective Order; Filed by Interinsurance Exchange of the Automobile Club (Plaintiff)

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  • 06/30/2022
  • Docketat 08:30 AM in Department A14, Stephen Morgan, Presiding; Hearing on Motion for Protective Order - Held - Continued

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  • 06/30/2022
  • DocketOrder (After Hearing/Statement of Decision); Filed by Clerk

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  • 06/30/2022
  • DocketCertificate of Mailing for ((Hearing on Motion for Protective Order) of 06/30/2022, Order After Hearing/Statement of Decision); Filed by Clerk

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  • 06/30/2022
  • DocketMinute Order ( (Hearing on Motion for Protective Order)); Filed by Clerk

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  • 06/14/2022
  • Docketat 08:30 AM in Department A14; Hearing on Motion for Protective Order - Not Held - Rescheduled by Court

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  • 06/13/2022
  • DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk

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  • 06/07/2022
  • DocketReply (to Respondent's Opposition to Motion for Protective Order); Filed by Interinsurance Exchange of the Automobile Club (Plaintiff)

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  • 06/01/2022
  • DocketOpposition (to Petitioner's Motion for Protective Order); Filed by Kevin Guice (Defendant)

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  • 04/28/2022
  • DocketMotion for Protective Order; Filed by Interinsurance Exchange of the Automobile Club (Plaintiff)

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  • 04/28/2022
  • DocketNotice of Related Case; Filed by Kevin Guice (Defendant)

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  • 04/21/2022
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 04/21/2022
  • DocketComplaint; Filed by Interinsurance Exchange of the Automobile Club (Plaintiff)

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Tentative Rulings

Case Number: *******0275 Hearing Date: June 30, 2022 Dept: A14

Background

This is a petition to allow the Court to take this matter under its jurisdiction pursuant to Cal. Ins. Code 11580.2. Petitioner Interinsurance Exchange of the Automobile Club (“Petitioner”) was presented with claims for uninsured motorist bodily injury benefits by Respondent Kevin Guice (“Respondent”) under a policy of automobile liability insurance governed by the provisions of Cal. Ins. Code 11580.2(f). Petitioner presents that it cannot ascertain its rights, duties and obligations without assistance from the court’s jurisdiction.

This petition was filed on April 21, 2022.

On April 28, 2022, a notice of related case was filed for Case No. 22AVCP00090 KEVIN GUICE vs AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA. The cases were deemed related on May 05, 2022.

On April 28, 2022, Petitioner filed this Motion for Protective Order.

On June 01, 2022, Respondents filed their Opposition.

On June 07, 2022, Petitioner filed its Reply.

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Analysis

Standard for Protective Order“In accordance with the liberal policies underlying the discovery procedures, California courts have been broad-minded in determining whether discovery is reasonably calculated to lead to admissible evidence. (Pacific Tel. & Tel. Co. v. Superior Court (1970) 2 Cal.3d 161, 172; Pettie v. Superior Court (1960) 178 Cal.App.2d 680, 687.) As a practical matter, it is difficult to define at the discovery stage what evidence will be relevant at trial. Therefore, the party seeking discovery is entitled to substantial leeway. (Pacific Tel. & Tel. Co., supra, 2 Cal.3d at p. 172.) Furthermore, California’s liberal approach to permissible discovery generally has led the courts to resolve any doubt in favor of permitting discovery. (Id. at p. 173.) “In doing so, the courts have taken the view if an error is made in ruling on a discovery motion, it is better that it be made in favor of granting discovery of the nondiscoverable rather than denying discovery of information vital to preparation or presentation of the party's case or to efficacious settlement of the dispute.” (Norton v. Superior Court (1994) 24 Cal.App.4th 1750, 1761.)

In deposition, where good cause is shown, “[t]he court, for good cause shown, may make any order that justice requires to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense.” (Code Civ. Proc., 2025.420(b).) Courts have considerable discretion in granting and crafting protective orders. (Raymond Handling Concepts Corp. v. Superior Court (1995) 39 Cal.App.4th 584, 588.)

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Discussion

Application – The Court has read the moving, opposing, and reply papers. As privilege has been claimed, the Court believes that the most prudent way to proceed is (1) to receive a privilege log, and then (2) upon receipt of the privilege log, the Court will make a decision regarding the deposition of Defendant’s PMK.

A privilege log should give a description of the document listed, which provides some indication of the purpose or content of the communication without revealing the subject matter of a communication. (See OXY Resources California v. Superior Court (2004) 115 Cal.App.4th 874, 894-895). In Hernandez v. Superior Court (2003) 112 Cal.App.4th 285, 292 the court said, “[t]he purpose of a ‘privilege log’ is to provide a specific factual description of documents in aid of substantiating a claim of privilege in connection with a request for document production…The purpose of providing a specific factual description of documents is to permit a judicial evaluation of the claim of privilege.” An adequate privilege log should contain the privilege asserted, the document's sequential number (sometimes called Bates’ Stamp number), the general nature, the date, the author, and the recipients. (See, for example, Wells Fargo Bank v. Superior Court (2000) 22 Cal.4th 201, 205; and Hernandez v. Superior Court (2003) 112 Cal. App. 4th 285, 291, fn 6 [court said a privilege log identifies for each document the author, date of preparation, all recipients, and the specific privilege claimed].)

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Conclusion

The Court declines to issue a ruling on Petitioner Interinsurance Exchange of the Automobile Club’s Motion for Protective Order at this time.

The Court orders the following:

  1. A detailed privilege log be filed by Petitioner Interinsurance Exchange of the Automobile Club no later than July 28, 2022 to assist in the Court’s determination;

  2. A supplemental briefing by Respondent Kevin Guice regarding his objections to the privilege filed no later than August 16, 2022;

  3. A hearing on this matter will be set for August 30, 2022.

Upon completion of the hearing, the Court will issue a ruling. The deposition of Petitioner Insurance Exchange’s Person Most Knowledgeable will proceed upon completion of the August 30, 2022 hearing and the subsequent Court ruling.


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