Tentative ruling issued by Judge Theodore R. HOWARD on Aug. 19, 2021 in Orange County, CA - Case no: xxxxx939

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On August 19, 2021, Judge Theodore R. HOWARD of Orange County Superior Court, Department C18, issued the following tentative ruling.

The Reference Case No.: (Subscribe to View) Orange County, California. Hearing Date 08.19.2021.

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Before the Court are Motions to Compel Further Responses to Special Interrogatories, Set One and Requests for Production, Set One filed by Plaintiff Michael Brown against Defendant Orange County Transportation Authority.
The Motions are GRANTED.
The responses at issue here are for Special Interrogatories Nos. 2, 7, 10, 11, 12, 15, 16, 20 and 23 and Requests for Production Nos. 33, 41, 42, 43 and 45. For each discovery request, Defendant objected solely on the grounds that the request is “not reasonably calculated to lead to the discovery of admissible evidence as OCTA admits that Mr. Beyer was acting in the course and scope of his employment for OCTA at the time of the subject incident…”
OCTA cited to Diaz v. Carcamo (2011) 51 Cal.4th 1148 in support of each response. The objections are not well-taken.
In Diaz, the court held that an employer’s admission of vicarious liability for an employee’s negligent driving bars a plaintiff from pursuing a claim for neglige….....

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