Affidavit Peremptory Challenge CCP 170 6

Cal. Super. - 6th Dist.May 1, 2019

1 PLAINTIFF’S PEREMPTORY CHALLENGE TO THE HONORABLE THOMAS E. KUHNLE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 170.6; AND DECLARATION OF EDWARD W. CHOI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Larry W. Lee (State Bar No. 228175) DIVERSITY LAW GROUP, P.C. 515 S. Figueroa St., Suite 1250 Los Angeles, California 90071 (213) 488-6555 (213) 488-6554 facsimile lwlee@diversitylaw.com Attorneys for Plaintiff and the Class *ADDITIONAL ATTORNEYS ON FOLLOWING PAGE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA LILLIAN AUDYCKI, individually and on behalf of all others similarly situated, Plaintiff, vs. STANFORD HEALTH CARE, a Corporation; and DOES 1 through 50, inclusive, Defendants. Case No.: 19CV347173 [Assigned to the Hon. Thomas E. Kuhnle, Dept. 5] PLAINTIFF’S PEREMPTORY CHALLENGE TO THE HONORABLE THOMAS E. KUHNLE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 170.6; AND DECLARATION OF EDWARD W. CHOI SUPPORT THEREOF Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/13/2019 2:57 PM Reviewed By: R. Walker Case #19CV347173 Envelope: 2876031 19CV347173 Santa Clara - Civil 2 PLAINTIFF’S PEREMPTORY CHALLENGE TO THE HONORABLE THOMAS E. KUHNLE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 170.6; AND DECLARATION OF EDWARD W. CHOI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ADDITIONAL COUNSEL Edward W. Choi, Esq. SBN 211334 LAW OFFICES OF CHOI & ASSOCIATES 515 S. Figueroa St., Suite 1250 Los Angeles, CA 90071 Telephone: (213) 381-1515 Facsimile: (213) 465-4885 Email: edward.choi@choiandassociates.com William L. Marder, Esq. (SSN 170131) POLARIS LAW GROUP 501 San Benito Street, Suite 200 Hollister, CA 95023 Telephone: (831) 531-4214 Facsimile: (831) 634-0333 bill@polarislawgroup.com Dennis S. Hyun (State Bar No. 224240) HYUN LEGAL, APC 515 S. Figueroa St., Suite 1250 Los Angeles, California 90071 (213) 488-6555 (213) 488-6554 facsimile dhyun@hyunlegal.com 3 PLAINTIFF’S PEREMPTORY CHALLENGE TO THE HONORABLE THOMAS E. KUHNLE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 170.6; AND DECLARATION OF EDWARD W. CHOI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO THE HONORABLE COURT AND TO DEFENDANT AND ITS COUNSEL OF RECORD: PLEASE TAKE NOTICE that, pursuant to California Code of Civil Procedure Section 170.6 and California Rule of Court 3.516, Plaintiff LILLIAN AUDYCKI (“Plaintiff”) in the above-captioned action, hereby moves to disqualify the Honorable Thomas E. Kuhnle from presiding over the hearings of any matter in this civil action which involve a contested issue of law or fact, or from presiding over the trial of this case on the grounds that said Judge is prejudiced against Plaintiff and/or their counsel and/or the interests of Plaintiff and/or their counsel. This Motion is timely pursuant to California Code of Civil Procedure Section 170.6(a)(2), which states that peremptory challenges “shall be made within 15 days of after notice of the all [- ]purpose assignment….” Accordingly, Plaintiff’s Motion may be filed within fifteen (15) days from May 9, 2019, when Plaintiff learned of the assignment of this case to said Judge. As such, the deadline to file said challenge is May 24, 2019. Given that Plaintiff’s Motion is being filed on May 13, 2019, it is timely. Moreover, to date, this Court has not held any hearings in this matter, making this Motion procedurally proper. See Cal. Code Civ. Proc. § 170.6(a)(2); see, e.g., Fight For The Rams v. Superior Court, 41 Cal. App. 4th 953, 958 (1996); Bambula v. Superior Court, 174 Cal. App. 3d 653, 657 (1985). This Motion is based on the matters contained herein, California Code of Civil Procedure Section 170.6 and the Declaration of Edward W. Choi attached hereto. DATED: May 13, 2019 LAW OFFICES OF CHOI & ASSOCIATES By: Edward W. Choi Attorneys for PLAINTIFF and the CLASS 4 PLAINTIFF’S PEREMPTORY CHALLENGE TO THE HONORABLE THOMAS E. KUHNLE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 170.6; AND DECLARATION OF EDWARD W. CHOI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, EDWARD W. CHOI, declare and state as follows: DECLARATION OF EDWARD W. CHOI 1. I have personal knowledge of the facts set forth in this Declaration, and if called to testify under oath, could and would testify competently thereto. 2. I am an attorney licensed to practice law in the State of California and a shareholder of the Law Offices of Choi & Associates, P.C., one of the attorneys of record for Plaintiff LILLIAN AUDYCKI. The following facts are within my personal knowledge and if called as a witness, I could and would competently thereto. 3. Plaintiff hereby moves to disqualify the Honorable Thomas E. Kuhnle, the Judge presiding in Department 5, to whom the aforesaid action is assigned. This motion is made on the grounds that Judge Kuhnle is prejudiced against Plaintiff and/or her counsel and/or the interests of Plaintiff and/or her counsel, such that I believe that Plaintiff cannot have a fair and impartial trial or hearing before said Judge 4. Plaintiff first learned of said Judge’s assignment on May 9, 2019, when the Court issued its Order Assigning Coordination Judge. As Plaintiff filed this Motion on May 13, 2019, this Motion is timely. Pursuant to California Code of Civil Procedure Section 170.6(a)(2), peremptory challenges “shall be made within 15 days of after notice of the all[-]purpose assignment….” Accordingly, Plaintiff’s Motion may be filed within fifteen (15) days from May 9, 2019, when Plaintiff learned of the assignment of this case to said Judge. As such, the deadline to file said challenge is May 24, 2019. Given that Plaintiff’s Motion is being filed on May 13, 2019, it is timely. 5. Furthermore, to date, this Court has not held any hearings in this matter, much less any hearings that involved a determination of any contested issue of fact. See Cal. Code Civ. Proc. § 170.6(a)(2). /// /// 5 PLAINTIFF’S PEREMPTORY CHALLENGE TO THE HONORABLE THOMAS E. KUHNLE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 170.6; AND DECLARATION OF EDWARD W. CHOI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on May 13, 2019, at Los Angeles, California. EDWARD W. CHOI