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2025-01510533·orange·Civil·Civil
Hearing about 2 months agoGRANTED IN PART and DENIED IN PART

CLAIRMONT vs. FORD MOTOR COMPANY

Motion to Dismiss

Hearing date
Jul 2, 2026
Department
C44
Prevailing
Moving Party

Motion type

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Monetary amounts referenced

$3,000.00

Parties

PlaintiffFrederick Clairmont
DefendantFord Motor Company

Attorneys

Evans Fears Schuttert McNulty Mickus(Evans Fears Schuttert McNulty Mickus)for Defendant

Ruling

judicial notice]; Cruz v. County of Los Angeles (1985) 173 Cal.App.3d 1131, 1134 [same].)

Objections. The court declines to rule on defendant’s objection (ROA No. 156), as it is not material to the disposition of this motion. (Code Civ. Proc., § 437c, subd. (q).)

Defendant shall give notice.

2 CLAIRMONT vs. Motion to Dismiss FORD MOTOR COMPANY Defendant Ford Motor Company’s motion to dismiss, or alternatively, to compel initial disclosures, document production, 2025-01510533 and deposition, and for sanctions, is GRANTED IN PART and DENIED IN PART. (Code Civ. Proc., § 871.26.) The motion is GRANTED as to disclosures, deposition, and monetary sanctions. Plaintiff Frederick Clairmont shall produce the documents and information required by Code Civ. Proc., § 871.26, subds. (f) and (g), to moving party within 10 days.

Plaintiff Frederick Clairmont shall also appear for deposition pursuant to Code Civ. Proc., § 871.26, subd. (c)(1), to take place on 7-16-26 at 10:00 AM, at the offices of counsel for moving party, Evans Fears Schuttert McNulty Mickus, 1 Park Plaza, Suite 500, Irvine, California 92614. The parties may agree in writing to conduct the deposition at a different date, time, and/or location, and/or by remote means rather than in person.

The motion is also GRANTED IN PART as to sanctions. Monetary sanctions are imposed against plaintiff Frederick Clairmont in the amount of $3,000.00, payable to counsel for moving party within 15 business days. (Code Civ. Proc., § 871.26, subds. (j)(1), (j)(2).)

Plaintiff and his counsel are admonished that although the court denied defendant’s motion to dismiss at this stage of the proceedings, a dismissal of the complaint is authorized under Code of Civil Procedure section 871.26, subdivision (j)(3) for a plaintiff’s repeated noncompliance with subdivisions (b), (c) and (d), and the court shall order a plaintiff to pay costs to the manufacturer.

The remainder of the motion is DENIED WITHOUT PREJUDICE.

Moving party shall give notice.

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