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1 DENNIS J. HERRERA, State Bar #139669
City Attorney
2 KATHARINE HOBIN PORTER, State Bar #173180 ELECTRONICALLY
Chief Labor Attorney F I L E D
3 MATTHEW K. YAN, State Bar #257918 Superior Court of California,
County of San Francisco
JONATHAN C. ROLNICK, State Bar #151814
4 Deputy City Attorneys 02/19/2021
Fox Plaza Clerk of the Court
BY: SANDRA SCHIRO
5 1390 Market Street, Fifth Floor Deputy Clerk
San Francisco, California 94102-5408
6 Telephone: (415 554-3845
Telephone: (415) 554-3917
7 E-Mail: matthew.yan@sfcityatty.org
E-Mail: jonathan.rolnick@sfcityatty.org
8
9 Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO
10
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 COUNTY OF SAN FRANCISCO
13 UNLIMITED JURISDICTION
14 MARGARITA HERRERA, Case No. CGC-19-578026
15 Plaintiff, DEFENDANT CITY AND COUNTY OF SAN
FRANCISCO’S NOTICE OF MOTION AND
16 vs. MOTION TO COMPEL FURTHER
RESPONSES TO DISCOVERY
17 CITY AND COUNTY OF SAN
FRANCISCO, DISCOVERY
18
Defendant. Hearing Date: March 22, 2021
19 Hearing Judge: Ethan P. Schulman
Time: 9:00 a.m.
20 Place: Dept. 301
21 Date Action Filed: July 30, 2019
Trial Date: July 26, 2021
22
Attached Documents: Memorandum of Points and
23 Authorities; Declaration of Matthew K. Yan;
Separate Statement; [Proposed] Order
24
25 TO PLAINTIFF MARGARITA HERRERA AND HER COUNSEL OF RECORD:
26 NOTICE IS HEREBY GIVEN that on March 22, 2021, at 9:00 a.m., or as soon thereafter as
27 the matter may be heard, in Department 301 of the above-referenced Court, located at 400 McAllister
28 Street, San Francisco, CA 94102, Defendant City and County of San Francisco (the “City”) will, and
1
NOTICE OF MOTION / MOTION TO COMPEL; CASE NO. CGC-19-578026 n:\labor\li2019\200243\01512620.docx
1 hereby does, move for an order under Code of Civil Procedure §§ 2030.300 and 2031.310 compelling
2 Plaintiff Margarita Herrera (“Plaintiff”) to provide further and complete responses to Interrogatories
3 202.1, 203.1, 204.2, 210.2, 210.3, 212.4, 212.5, and 212.7 of the City’s Form Interrogatories—
4 Employment Law, Set One, and Request No. 54 of the City’s Request for Production of Documents,
5 Set One.
6 This motion is brought on the grounds that Plaintiff has failed to provide complete and full
7 responses to the City’s Form Interrogatories-Employment, Set One and Request for Production of
8 Documents, Set One. See CCP at §§ 2030.300 and 2031.310(a)(1). The Form Interrogatories-
9 Employment, Set One and Request for Production of Documents, Set One were served on Plaintiff on
10 October 10, 2019. Plaintiff served incomplete responses to both discovery items on March 20, 2020,
11 and verified her responses on August 31, 2020.
12 This Motion is based on this Notice of Motion and Motion, the accompanying Memorandum of
13 Points and Authorities, Separate Statement, and the Declaration of Matthew Yan in Support of Motion,
14 the Proposed Order, the pleadings and papers on file in this action, and on such other and further
15 evidence as may be presented prior to or at the hearing on this Motion.
16 Dated: February 19, 2021 DENNIS J. HERRERA
17 City Attorney
KATHARINE HOBIN PORTER
18 Chief Labor Attorney
MATTHEW K. YAN
19 JONATHAN ROLNICK
Deputy City Attorneys
20
By: /s/Matthew K. Yan
21
MATTHEW K. YAN
22
Attorneys for Defendant
23 CITY AND COUNTY OF SAN FRANCISCO
24
25
26
27
28
2
NOTICE OF MOTION / MOTION TO COMPEL; CASE NO. CGC-19-578026 n:\labor\li2019\200243\01512620.docx
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1 DENNIS J. HERRERA, State Bar #139669 City Attorney 2 KATHARINE HOBIN PORTER, State Bar #173180 ELECTRONICALLY Chief Labor Attorney F I L E D 3 MATTHEW K. YAN, State Bar #257918 Superior Court of California, County of San Francisco JONATHAN C. ROLNICK, State Bar #151814 4 Deputy City Attorneys 02/19/2021 Fox Plaza Clerk of the Court BY: SANDRA SCHIRO 5 1390 Market Street, Fifth Floor Deputy Clerk San Francisco, California 94102-5408 6 Telephone: (415 554-3845 Telephone: (415) 554-3917 7 E-Mail: matthew.yan@sfcityatty.org E-Mail: jonathan.rolnick@sfcityatty.org 8 9 Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF SAN FRANCISCO 13 UNLIMITED JURISDICTION 14 MARGARITA HERRERA, Case No. CGC-19-578026 15 Plaintiff, DEFENDANT CITY AND COUNTY OF SAN FRANCISCO’S NOTICE OF MOTION AND 16 vs. MOTION TO COMPEL FURTHER RESPONSES TO DISCOVERY 17 CITY AND COUNTY OF SAN FRANCISCO, DISCOVERY 18 Defendant. Hearing Date: March 22, 2021 19 Hearing Judge: Ethan P. Schulman Time: 9:00 a.m. 20 Place: Dept. 301 21 Date Action Filed: July 30, 2019 Trial Date: July 26, 2021 22 Attached Documents: Memorandum of Points and 23 Authorities; Declaration of Matthew K. Yan; Separate Statement; [Proposed] Order 24 25 TO PLAINTIFF MARGARITA HERRERA AND HER COUNSEL OF RECORD: 26 NOTICE IS HEREBY GIVEN that on March 22, 2021, at 9:00 a.m., or as soon thereafter as 27 the matter may be heard, in Department 301 of the above-referenced Court, located at 400 McAllister 28 Street, San Francisco, CA 94102, Defendant City and County of San Francisco (the “City”) will, and 1 NOTICE OF MOTION / MOTION TO COMPEL; CASE NO. CGC-19-578026 n:\labor\li2019\200243\01512620.docx 1 hereby does, move for an order under Code of Civil Procedure §§ 2030.300 and 2031.310 compelling 2 Plaintiff Margarita Herrera (“Plaintiff”) to provide further and complete responses to Interrogatories 3 202.1, 203.1, 204.2, 210.2, 210.3, 212.4, 212.5, and 212.7 of the City’s Form Interrogatories— 4 Employment Law, Set One, and Request No. 54 of the City’s Request for Production of Documents, 5 Set One. 6 This motion is brought on the grounds that Plaintiff has failed to provide complete and full 7 responses to the City’s Form Interrogatories-Employment, Set One and Request for Production of 8 Documents, Set One. See CCP at §§ 2030.300 and 2031.310(a)(1). The Form Interrogatories- 9 Employment, Set One and Request for Production of Documents, Set One were served on Plaintiff on 10 October 10, 2019. Plaintiff served incomplete responses to both discovery items on March 20, 2020, 11 and verified her responses on August 31, 2020. 12 This Motion is based on this Notice of Motion and Motion, the accompanying Memorandum of 13 Points and Authorities, Separate Statement, and the Declaration of Matthew Yan in Support of Motion, 14 the Proposed Order, the pleadings and papers on file in this action, and on such other and further 15 evidence as may be presented prior to or at the hearing on this Motion. 16 Dated: February 19, 2021 DENNIS J. HERRERA 17 City Attorney KATHARINE HOBIN PORTER 18 Chief Labor Attorney MATTHEW K. YAN 19 JONATHAN ROLNICK Deputy City Attorneys 20 By: /s/Matthew K. Yan 21 MATTHEW K. YAN 22 Attorneys for Defendant 23 CITY AND COUNTY OF SAN FRANCISCO 24 25 26 27 28 2 NOTICE OF MOTION / MOTION TO COMPEL; CASE NO. CGC-19-578026 n:\labor\li2019\200243\01512620.docx