Case 8:11-cv-00485-AG-AJW Document 593-2 Filed 02/04/13 Page 1 of 3 Page ID #:15723

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SUPERIOR COI]RT OF THE STATE OT'CALIFORNIA COUNTY OF ORANGE - CENTBAL DIVISION

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ORLY TAITZ,

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Plaintiff,
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Defendants.

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TO ALL PARTIES AND TO TI{EIR ATTORNEYS OF RECORD HEREIN: PLEASE TAKE NOTICE that on November Lr}frLz, at 1:30 p.m.n in Department

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"C19" of the above-entitled court, Plaintiff's Ex Parte Motion for Production of Documents
from Third Party Occidentai College was held in the above-oaptioned action before the

Honorable Charles Marginis.

Third Parlry Respondent OCCIDENTAL COLLbGE; and plaintiff ORLY TAI'IZ appeared ir-pro per. CARL BOTTERIID, General Counsel of Ocoidental College, was also present

in the courtroom. There were no othcr appearances by any defendant or responding party,

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Attomey D. JAY RITT of Ritt, Tai, Thvedt & Hodges specially appeared on behalf of

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BARACK OBAMA, DIANE FEiNSTEIN, ELIZABETH EMKEN, DAN HUGHES, RICK MLLIAMS, iN their capaciil as candidates on the ballot, JOFIN DOE; JANE DoE l-100,

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NOTICE OF RULING

lAssigned to: Hon. Charles Marginis - Dept. C-191

NOTICE OB RULING
Date: Novernber 1,2012 Time: 1:30 o,m. Dept; C-19^

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No. 30-2012-005 82135

Attorneys for Third-Party Respondent OCCIDENTAL COLLEGE

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D. JAY RITT, State Bar No. 138661 RITT, TAI, THVEDT & HODGES A Limited Liabilitv Partnershin 65 Norttr Raymond Avenue, Silite 320 Pasadena, Califomia 91103 Tel: (626) 68s-2s50 Fax: (626)685-2562

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Third Party Respondent Occidental College, and having considered the oral argumcnt of
counsel at the hearing on this m&tter, made the following findings:

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(a) Ms. Taitz'"ex parte" motion to compel production ofrecords from third-party

Occidental Collcge was prepared, frled and served before Ms. 'l'aitz even prepared, frled and
served an underlying subpoena duces tecum itself;

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(b) The "ex palte" motion

refers to a request for documents pursuant to California

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Code of Civil Procedure Section 2031.3I 0 which applies by its terms only to parties and

Occidental College is not a party in this action;

(c) The subpoena which Ms. Taitz did ultimately

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parte "motion") does not meet numerous requirernents of California Code of Civil
Procedure Section 2020.510, in thaL among other things;

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(d)

The proof of service provided by Plaintiff reflects that the subpoena was served

upon Occidental College on October 31,2A72, grving Occidental purportedly less than

twenty-four hours notice to comply in direct conflict with the notice provisions of Section
2020.510;

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(e) The proof of service provided by Plaintiffreflects that the

improperly seryed by e-mail;

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NOTICE OFRULINC

(f)

The subpoena was not accompanied by any Notice of Consumer Privacy Rights

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pursuant to California Code of Civil Procedure Section 1985,3, which by its terms applics to con$umer records sought from a school such as Occidental College;

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private and are not reievant to the claims at issue in this matter; and

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(g) The documents

and records sought are plainly confidential and protected as

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prepare and serye (after her ex
subpoena was

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(h) Even had the subpoena been properly

and timely prepared and served, and cven

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the subpoena sought records otherwise properly discoverable, the relief sought caffrot be
obtained viaexparte applicationpet CaliforniaRule of Court 3.1200.

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The Court having read the pepsrs and pleadings filed by Plaintiff Orly Taitz and

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(I) TIIE

COURT DENTED WITII PREJUDICE TITE EX PARTE (MOT[ON'

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OI'PLAINTTFF TO COMPEL PRODUCTION OI'DOCUMENTS F'ROM OCCIDENTAL COLLEGE;

(2) TIIE COIIRT QUASHED THE SI.JBPOENA SERYED BY PLAINTIFB

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UPON OCCIDENTAL COLLEGE IN ITS ENTIRETY PURSUANT TO ITS

ATITHORITY UNDER CALIFORI{'IA CODE OF CIWL PROCEDURE SI]CTION

1987.1; AND

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(3) TIIE COLIRT AWARDED SANCTTONS rN THE ALOUNT OT'$4,000.00

PURSUANT TO ITS AUTHORITY TII{DER CALIFORNIA CODE OF CIYTL PROCEDURE SECTION 1987.? PAYABLE BY PLAINTIFF' ORLY TAITZ TO TIIE

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r.cLrENT TRUST ACCOUNT OF RITT, TAl, THVEDT & HODGES" WITHIN

THTRTY (30) DAYS FROM TrIIS NOTTCE,

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Counscl for Third-Parfy Respondent Occidental College was ordered to and agreed to

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give notice.

DA I'ED: November 2, ?012

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NOTICF. OF RI-ILING

Respectfully submitted,

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THVEDT &
fd-Parrv Resoondent

COLLEGE'

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Accordingiy, the Court ruIed as follows;