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1 Alison M. Crane, SBN 197359
Tara A. Murray, SBN 284871
2 BLEDSOE, DIESTEL, TREPPA & CRANE LLP
180 Sansome Street, 5th Floor
3 San Francisco, California 94104-3713
Telephone: (415) 981-5411
4 Facsimile: (415) 981-0352
acrane@bledsoelaw.com
5 tmurray@bledsoelaw.com
6 Attorneys for Defendant BIG BROTHERS BIG SISTERS
OF AMERICA, a California corporation
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF MONTEREY
10
11 JANE BE DOE an individual, Case No. 21CV000805
12 Plaintiffs, DEFENDANT BIG BROTHERS BIG
SISTERS OF AMERICA’S NOTICE AND
13 v. MOTION TO COMPEL PLAINTIFF’S
RESPONSES TO REQUEST FOR
14 BIG BROTHERS BIG SISTERS OF ADMISSION, SET ONE, AND FORM
AMERICA, a California corporation; BIG INTERROGATORIES, SET TWO
15 BROTHERS BIG SISTERS OF SALINA,
a California corporation; JON DAVID Accompanying Documents:
16 WOODY, an individual; and DOES 1-50, Memorandum of Points and Authorities,
inclusive, Separate Statement of Undisputed Material
17 Facts, Declaration of Alison Crane, and
Defendants. Proposed Order
18
Date: June 3, 2022
19 Time: 8:30 a.m.
Dept.: 15
20
21 TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD:
22 PLEASE TAKE NOTICE that on June 3, 2022, at 8:30 a.m. or as soon thereafter as the
23 matter may be heard, in Dept. 15 of the above-entitled court, Defendant BIG BROTHERS BIG
24 SISTERS OF AMERICA (“BBBSA”) will and hereby does move this Court for an Order
25 entering Motion to Compel further verified responses by Plaintiff to BBBSA’s Request for
26 Admissions, Set One and Form Interrogatories, Set Two.
27 Defendant’s motion is made pursuant to California Code of Civil Procedure, sections
28 22033.290 and 2030.300, on the grounds that Plaintiff has failed to provide a proper response to discovery
DEF BBBSA’S NTC & MTN TO COMPEL PLTF’S RESP. TO RFA, SET ONE, & FROGS, SET TWO
1 requests regarding Plaintiff’s allegations that Defendant JON DAVID WOODY (hereinafter “Defendant
2 Woody”) had criminal convictions in Texas, including but not limited to admissions regarding those
3 allegations and responses identifying what “conflicting information” exists and in which “public records”
4 that information is contained. BBBSA also requests monetary sanctions against Plaintiff pursuant to
5 California Code of Civil Procedure sections 128.5, 2023.010, and 2023.030, in the amount of
6 $2,960.00 for Plaintiff’s misuse of the discovery process and the cost to BBBSA for bringing this motion.
7 This motion will be based on this Notice and Motion, the accompanying Memorandum of
8 Points and Authorities, Separate Statement, Declaration of Alison M. Crane and accompanying
9 exhibits, and such evidence as may be presented at the hearing of the motion and all other papers
10 and pleadings on file with the Court in this action.
11 Dated: May 2, 2022 BLEDSOE, DIESTEL, TREPPA & CRANE LLP
12
13 By:
14 Alison M. Crane
Tara A. Murray
15 Attorneys for Defendant BIG BROTHERS BIG
SISTERS OF AMERICA, a California corporation
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DEF BBBSA’S NTC & MTN TO COMPEL PLTF’S RESP. TO RFA, SET ONE, & FROGS, SET TWO
Jane Be Doe v. Big Brothers Big Sisters of America, et al.
1 Monterey Superior Court Case No. 21CV000805
HAN03-16113
2
3 PROOF OF SERVICE
4 I, the undersigned, hereby declare that I am over the age of eighteen years and not a party
to the within action. My business address is 180 Sansome Street, 5th Floor, San Francisco,
5 California 94104-3713. On the date indicated below, I caused to be served the following
document(s):
6
7 DEFENDANT BIG BROTHERS BIG SISTERS OF AMERICA’S NOTICE AND
MOTION TO COMPEL PLAINTIFF’S RESPONSES TO REQUEST FOR
8 ADMISSION, SET ONE, AND FORM INTERROGATORIES, SET TWO
9 DEFENDANT BIG BROTHERS BIG SISTERS OF AMERICA’S MEMORANDUM OF
POINTS AND AUTHORITIES ISO MOTION TO COMPEL PLAINTIFF’S
10 RESPONSES TO REQUEST FOR ADMISSION, SET ONE, AND FORM
11 INTERROGATORIES SET TWO
12 DECLARATION OF ALISON M. CRANE IN SUPPORT OF DEFENDANT BIG
BROTHERS BIG SISTERS OF AMERICA’S MOTION TO COMPEL PLAINTIFF’S
13 RESPONSES TO REQUEST FOR ADMISSION, SET ONE, AND FORM
INTERROGATORIES, SET TWO
14
SEPARATE STATEMENT IN SUPPORT OF DEFENDANT BIG BROTHERS BIG
15 SISTERS OF AMERICA’S MOTION TO COMPEL PLAINTIFF’S RESPONSES TO
16 REQUEST FOR ADMISSION, SET ONE, AND FORM INTERROGATORIES, SET
TWO
17
[PROPOSED] ORDER GRANTING DEFENDANT BIG BROTHERS BIG SISTERS OF
18 AMERICA’S MOTION TO COMPEL PLAINTIFF’S RESPONSES TO REQUEST FOR
ADMISSION, SET ONE, AND FORM INTERROGATORIES, SET TWO
19
upon the interested parties in said action by the means specified below:
20
21 John C. Manly Attorneys for Plaintiff, JANE BE DOE
Courtney P. Pendry Tel: (949) 252-9990
22 Manly, Stew Art & Finaldi Fax: (949) 252-9991
23 19100 Von Karman Ave., Suite 800 jmanly@manlystewart.com
Irvine, CA 92612 cpendry@manlystewart.com
24 abrimhall@manlystewart.com
acunny@manlystewart.com
25 kfrederiksen@manlystewart.com
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27
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DEF BBBSA’S NTC & MTN TO COMPEL PLTF’S RESP. TO RFA, SET ONE, & FROGS, SET TWO
1 Paul Caleo Attorneys for co-defendant Boys and Girls
Mark Heisey Club of Monterey County
2 GORDON REES SCULLY MANSUKHANI Direct: (510) 463-8530
YOUR 50 STATE PARTNER Tel: (510) 463-8600
3 1111 Broadway, Suite 1700 F: (510) 984-1721
Oakland, CA 94607 pcaleo@grsm.com
4
mheisey@grsm.com
5 khernandez@grsm.com
6 XXX BY E-MAIL OR ELECTRONIC TRANSMISSION by causing the documents to be
sent to the persons at the e-mail addresses set forth above. I did not receive, within a
7 reasonable time after the transmission, any electronic message or other indication that the
transmission was unsuccessful.
8
I declare under penalty of perjury under the laws of the State of California that the
9 foregoing is true and correct, and that this declaration was executed on May 2, 2022, at
10 Brentwood, California.
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12
LAURA KETTLE
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DEF BBBSA’S NTC & MTN TO COMPEL PLTF’S RESP. TO RFA, SET ONE, & FROGS, SET TWO
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1 Alison M. Crane, SBN 197359 Tara A. Murray, SBN 284871 2 BLEDSOE, DIESTEL, TREPPA & CRANE LLP 180 Sansome Street, 5th Floor 3 San Francisco, California 94104-3713 Telephone: (415) 981-5411 4 Facsimile: (415) 981-0352 acrane@bledsoelaw.com 5 tmurray@bledsoelaw.com 6 Attorneys for Defendant BIG BROTHERS BIG SISTERS OF AMERICA, a California corporation 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF MONTEREY 10 11 JANE BE DOE an individual, Case No. 21CV000805 12 Plaintiffs, DEFENDANT BIG BROTHERS BIG SISTERS OF AMERICA’S NOTICE AND 13 v. MOTION TO COMPEL PLAINTIFF’S RESPONSES TO REQUEST FOR 14 BIG BROTHERS BIG SISTERS OF ADMISSION, SET ONE, AND FORM AMERICA, a California corporation; BIG INTERROGATORIES, SET TWO 15 BROTHERS BIG SISTERS OF SALINA, a California corporation; JON DAVID Accompanying Documents: 16 WOODY, an individual; and DOES 1-50, Memorandum of Points and Authorities, inclusive, Separate Statement of Undisputed Material 17 Facts, Declaration of Alison Crane, and Defendants. Proposed Order 18 Date: June 3, 2022 19 Time: 8:30 a.m. Dept.: 15 20 21 TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD: 22 PLEASE TAKE NOTICE that on June 3, 2022, at 8:30 a.m. or as soon thereafter as the 23 matter may be heard, in Dept. 15 of the above-entitled court, Defendant BIG BROTHERS BIG 24 SISTERS OF AMERICA (“BBBSA”) will and hereby does move this Court for an Order 25 entering Motion to Compel further verified responses by Plaintiff to BBBSA’s Request for 26 Admissions, Set One and Form Interrogatories, Set Two. 27 Defendant’s motion is made pursuant to California Code of Civil Procedure, sections 28 22033.290 and 2030.300, on the grounds that Plaintiff has failed to provide a proper response to discovery DEF BBBSA’S NTC & MTN TO COMPEL PLTF’S RESP. TO RFA, SET ONE, & FROGS, SET TWO 1 requests regarding Plaintiff’s allegations that Defendant JON DAVID WOODY (hereinafter “Defendant 2 Woody”) had criminal convictions in Texas, including but not limited to admissions regarding those 3 allegations and responses identifying what “conflicting information” exists and in which “public records” 4 that information is contained. BBBSA also requests monetary sanctions against Plaintiff pursuant to 5 California Code of Civil Procedure sections 128.5, 2023.010, and 2023.030, in the amount of 6 $2,960.00 for Plaintiff’s misuse of the discovery process and the cost to BBBSA for bringing this motion. 7 This motion will be based on this Notice and Motion, the accompanying Memorandum of 8 Points and Authorities, Separate Statement, Declaration of Alison M. Crane and accompanying 9 exhibits, and such evidence as may be presented at the hearing of the motion and all other papers 10 and pleadings on file with the Court in this action. 11 Dated: May 2, 2022 BLEDSOE, DIESTEL, TREPPA & CRANE LLP 12 13 By: 14 Alison M. Crane Tara A. Murray 15 Attorneys for Defendant BIG BROTHERS BIG SISTERS OF AMERICA, a California corporation 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- DEF BBBSA’S NTC & MTN TO COMPEL PLTF’S RESP. TO RFA, SET ONE, & FROGS, SET TWO Jane Be Doe v. Big Brothers Big Sisters of America, et al. 1 Monterey Superior Court Case No. 21CV000805 HAN03-16113 2 3 PROOF OF SERVICE 4 I, the undersigned, hereby declare that I am over the age of eighteen years and not a party to the within action. My business address is 180 Sansome Street, 5th Floor, San Francisco, 5 California 94104-3713. On the date indicated below, I caused to be served the following document(s): 6 7 DEFENDANT BIG BROTHERS BIG SISTERS OF AMERICA’S NOTICE AND MOTION TO COMPEL PLAINTIFF’S RESPONSES TO REQUEST FOR 8 ADMISSION, SET ONE, AND FORM INTERROGATORIES, SET TWO 9 DEFENDANT BIG BROTHERS BIG SISTERS OF AMERICA’S MEMORANDUM OF POINTS AND AUTHORITIES ISO MOTION TO COMPEL PLAINTIFF’S 10 RESPONSES TO REQUEST FOR ADMISSION, SET ONE, AND FORM 11 INTERROGATORIES SET TWO 12 DECLARATION OF ALISON M. CRANE IN SUPPORT OF DEFENDANT BIG BROTHERS BIG SISTERS OF AMERICA’S MOTION TO COMPEL PLAINTIFF’S 13 RESPONSES TO REQUEST FOR ADMISSION, SET ONE, AND FORM INTERROGATORIES, SET TWO 14 SEPARATE STATEMENT IN SUPPORT OF DEFENDANT BIG BROTHERS BIG 15 SISTERS OF AMERICA’S MOTION TO COMPEL PLAINTIFF’S RESPONSES TO 16 REQUEST FOR ADMISSION, SET ONE, AND FORM INTERROGATORIES, SET TWO 17 [PROPOSED] ORDER GRANTING DEFENDANT BIG BROTHERS BIG SISTERS OF 18 AMERICA’S MOTION TO COMPEL PLAINTIFF’S RESPONSES TO REQUEST FOR ADMISSION, SET ONE, AND FORM INTERROGATORIES, SET TWO 19 upon the interested parties in said action by the means specified below: 20 21 John C. Manly Attorneys for Plaintiff, JANE BE DOE Courtney P. Pendry Tel: (949) 252-9990 22 Manly, Stew Art & Finaldi Fax: (949) 252-9991 23 19100 Von Karman Ave., Suite 800 jmanly@manlystewart.com Irvine, CA 92612 cpendry@manlystewart.com 24 abrimhall@manlystewart.com acunny@manlystewart.com 25 kfrederiksen@manlystewart.com 26 27 28 -3- DEF BBBSA’S NTC & MTN TO COMPEL PLTF’S RESP. TO RFA, SET ONE, & FROGS, SET TWO 1 Paul Caleo Attorneys for co-defendant Boys and Girls Mark Heisey Club of Monterey County 2 GORDON REES SCULLY MANSUKHANI Direct: (510) 463-8530 YOUR 50 STATE PARTNER Tel: (510) 463-8600 3 1111 Broadway, Suite 1700 F: (510) 984-1721 Oakland, CA 94607 pcaleo@grsm.com 4 mheisey@grsm.com 5 khernandez@grsm.com 6 XXX BY E-MAIL OR ELECTRONIC TRANSMISSION by causing the documents to be sent to the persons at the e-mail addresses set forth above. I did not receive, within a 7 reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. 8 I declare under penalty of perjury under the laws of the State of California that the 9 foregoing is true and correct, and that this declaration was executed on May 2, 2022, at 10 Brentwood, California. 11 12 LAURA KETTLE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- DEF BBBSA’S NTC & MTN TO COMPEL PLTF’S RESP. TO RFA, SET ONE, & FROGS, SET TWO