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BRYAN CAVE LLP
THREE EMBARCADERO CENTER, 77" FLOOR
SAN FRANCISCO, CA 94111-4070
BRYAN CAVE LLP
Daniel T. Rockey, California Bar No. 178604
Goli Mahdavi, California Bar No. 245705
Three Embarcadero Center, 7th Floor
San Francisco, CA 94111
Telephone: (415) 675-3400
Facsimile: (415) 675-3434
E-Mail: daniel.rockey@bryancave.com
goli.mahdavi@bryancave.com
Attorneys for Defendant
JPMORGAN CHASE BANK, N.A.
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
07/05/2017
Clerk of the Court
BY: SANDRA SCHIRO
Deputy Clork
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
MARTIN ENG,
Plaintiff,
v.
JPMORGAN CHASE BANK, N.A.;
QUALITY LOAN SERVICES; LENDER
PROCESSING SERVICES, INC., DOES 1-
1000 inclusive,
Defendants.
SFOIDOCS\306223.1
Case No. CGC-15-546377
DEFENDANT JPMORGAN CHASE
BANK, N.A.’S NOTICE OF MOTION AND
MOTION FOR EVIDENTIARY,
TERMINATING, AND MONETARY
SANCTIONS FOR PLAINTIFF MARTIN
ENG’S FAILURE TO COMPLY WITH
COURT ORDER COMPELLING
PLAINTIFF MARTIN ENG TO PROVIDE
DISCOVERY RESPONSES
[Filed concurrently with Memorandum of
Points and Authorities; Declaration of Goli
Mahdavi; Separate Statements of Items in
Dispute; [Proposed] Order]
Date:
Time:
Dept.:
July 28, 2017
9:00 a.m.
302 - DISCOVERY
Complaint Filed:
Trial Date:
June 16, 2015
August 21, 2017
MOTION FOR EVIDENTIARY, TERMINATING, AND MONETARY SANCTIONSBRYAN CAVE LLP
THREE EMBARCADERO CENTER, 7" FLOOR
SAN FRANCISCO, CA 94111-4070
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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD, AND THE CLERK
OF THE ABOVE-ENTITLED COURT:
PLEASE TAKE NOTICE that on July 28, 2017 at 9:00 a.m., or as soon thereafter as the
matter may be heard, in Department 302 in the Superior Court of San Francisco County, located at
400 McAllister Street, San Francisco, California 94102, Defendant, JPMorgan Chase Bank, N.A.
(“Chase”), will, and hereby does, move will and hereby does move the Court for an Order granting
evidentiary, and terminating sanctions as a result of Plaintiff Margin Eng’s (“Plaintiff”) failure to
comply with this Court’s February 3 and May 25, 2017 orders compelling responses to Chase’s
Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production, Set
One. Chase will and hereby does further move for an order imposing monetary sanctions against
Plaintiff, in the amount of $3,880, to reimburse Chase for the attorneys’ fees and costs incurred in
connection with this Motion.
Chase makes this Motion on the grounds that Plaintiff has failed to provide responsive
answers to comply with this Court’s February 3 and May 25, 2017 orders compelling Plaintiff to
provide full and complete responses to Chase’s Form Interrogatories, and Special Interrogatories,
Set One. Chase’s request for evidentiary, terminating, and monetary sanctions is made on the
grounds that Plaintiff has failed to comply with the Court’s February 3 and May 25, 2017 orders.
Good cause exists for an Order granting evidentiary, issue, terminating, and monetary
sanctions. Plaintiff has alleged causes of action for (1) Slander of Title; (2) Cancellation of
Instruments; (3) Violation of Business and Professions Code § 17200; (4) Negligence; (5)
Wrongful Foreclosure; (6) Quiet Title; and (7) Violation of the Racketeer Influenced and Corrupt
Practices Act (RICO). (First Amended Complaint (“FAC”) at p. 1.) Chase has propounded
discovery in order to determine the factual bases of Plaintiff's allegations. The discovery
propounded by Chase is relevant, because it relates both to the factual bases of Plaintiff's claims
and his claims for damages in connection with a loan transaction in June 2005, and it does not
request any privileged information. However, Plaintiff has repeatedly failed to provide timely and
adequate responses to Chase’s discovery requests, necessitating a previous Motion to Compel by
Chase, which this Court granted, and a Motion for Terminating Sanctions which was also granted,
SFOIDOCS\306223.1 1
MOTION FOR EVIDENTIARY, TERMINATING, AND MONETARY SANCTIONSBRYAN CAVE LLP
THREE EMBARCADERO CENTER, 7" FLOOR
SAN FRANCISCO, CA 94111-4070
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YN NN NNN KY KN SB Be Bee ewe we ee ee
eI A A KF OoBNH fF FS CHM IRDA RB wBwNH SE DS
in part. Good cause further exists because Plaintiff has failed to obey the Court’s May 25, 2017
orders granting, in part, Chase’s Motion for Terminating Sanctions ordering Plaintiff to serve full
and complete responses to Chase’s Form Interrogatories, Set One, Special Interrogatories, Set
One, and produce all responsive documents. Plaintiff has not provided any full and complete
responses to discovery nor has be produced all responsive documents.
This Motion is made pursuant to California Code of Civil Procedure sections 2023.010,
2023.030, 2030.290, 2030.300, and 2030.310, and is based on this Notice of Motion and Motion,
the attached Memorandum of Points and Authorities, the Declaration of Goli Mahdavi, the
Separate Statements of Items in Dispute, the exhibits and proposed order filed concurrently
herewith, on all pleadings, records and papers on file in this action and on such other and further
evidence as may be presented by counsel at the hearing of this Motion.
Dated: July 5, 2017 BRYAN CAVE LLP
OhnAW
By: }
Goli Mahdavi
Attomeys for Defendant
JPMORGAN (CHASE BANK, N.A.
NJ
SF01DOCS\306223.1 2
MOTION FOR EVIDENTIARY, TERMINATING, AND MONETARY SANCTIONS
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BRYAN CAVE LLP THREE EMBARCADERO CENTER, 77" FLOOR SAN FRANCISCO, CA 94111-4070 BRYAN CAVE LLP Daniel T. Rockey, California Bar No. 178604 Goli Mahdavi, California Bar No. 245705 Three Embarcadero Center, 7th Floor San Francisco, CA 94111 Telephone: (415) 675-3400 Facsimile: (415) 675-3434 E-Mail: daniel.rockey@bryancave.com goli.mahdavi@bryancave.com Attorneys for Defendant JPMORGAN CHASE BANK, N.A. ELECTRONICALLY FILED Superior Court of California, County of San Francisco 07/05/2017 Clerk of the Court BY: SANDRA SCHIRO Deputy Clork SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO MARTIN ENG, Plaintiff, v. JPMORGAN CHASE BANK, N.A.; QUALITY LOAN SERVICES; LENDER PROCESSING SERVICES, INC., DOES 1- 1000 inclusive, Defendants. SFOIDOCS\306223.1 Case No. CGC-15-546377 DEFENDANT JPMORGAN CHASE BANK, N.A.’S NOTICE OF MOTION AND MOTION FOR EVIDENTIARY, TERMINATING, AND MONETARY SANCTIONS FOR PLAINTIFF MARTIN ENG’S FAILURE TO COMPLY WITH COURT ORDER COMPELLING PLAINTIFF MARTIN ENG TO PROVIDE DISCOVERY RESPONSES [Filed concurrently with Memorandum of Points and Authorities; Declaration of Goli Mahdavi; Separate Statements of Items in Dispute; [Proposed] Order] Date: Time: Dept.: July 28, 2017 9:00 a.m. 302 - DISCOVERY Complaint Filed: Trial Date: June 16, 2015 August 21, 2017 MOTION FOR EVIDENTIARY, TERMINATING, AND MONETARY SANCTIONSBRYAN CAVE LLP THREE EMBARCADERO CENTER, 7" FLOOR SAN FRANCISCO, CA 94111-4070 co Oe WD HW RF WN NN NY NY NY N KR N NY |= ee we ew eB Be ewe ee orn Dn nA FW NY FH Oo ODO wm Nt DH FF Ww YN KF SOS TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD, AND THE CLERK OF THE ABOVE-ENTITLED COURT: PLEASE TAKE NOTICE that on July 28, 2017 at 9:00 a.m., or as soon thereafter as the matter may be heard, in Department 302 in the Superior Court of San Francisco County, located at 400 McAllister Street, San Francisco, California 94102, Defendant, JPMorgan Chase Bank, N.A. (“Chase”), will, and hereby does, move will and hereby does move the Court for an Order granting evidentiary, and terminating sanctions as a result of Plaintiff Margin Eng’s (“Plaintiff”) failure to comply with this Court’s February 3 and May 25, 2017 orders compelling responses to Chase’s Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production, Set One. Chase will and hereby does further move for an order imposing monetary sanctions against Plaintiff, in the amount of $3,880, to reimburse Chase for the attorneys’ fees and costs incurred in connection with this Motion. Chase makes this Motion on the grounds that Plaintiff has failed to provide responsive answers to comply with this Court’s February 3 and May 25, 2017 orders compelling Plaintiff to provide full and complete responses to Chase’s Form Interrogatories, and Special Interrogatories, Set One. Chase’s request for evidentiary, terminating, and monetary sanctions is made on the grounds that Plaintiff has failed to comply with the Court’s February 3 and May 25, 2017 orders. Good cause exists for an Order granting evidentiary, issue, terminating, and monetary sanctions. Plaintiff has alleged causes of action for (1) Slander of Title; (2) Cancellation of Instruments; (3) Violation of Business and Professions Code § 17200; (4) Negligence; (5) Wrongful Foreclosure; (6) Quiet Title; and (7) Violation of the Racketeer Influenced and Corrupt Practices Act (RICO). (First Amended Complaint (“FAC”) at p. 1.) Chase has propounded discovery in order to determine the factual bases of Plaintiff's allegations. The discovery propounded by Chase is relevant, because it relates both to the factual bases of Plaintiff's claims and his claims for damages in connection with a loan transaction in June 2005, and it does not request any privileged information. However, Plaintiff has repeatedly failed to provide timely and adequate responses to Chase’s discovery requests, necessitating a previous Motion to Compel by Chase, which this Court granted, and a Motion for Terminating Sanctions which was also granted, SFOIDOCS\306223.1 1 MOTION FOR EVIDENTIARY, TERMINATING, AND MONETARY SANCTIONSBRYAN CAVE LLP THREE EMBARCADERO CENTER, 7" FLOOR SAN FRANCISCO, CA 94111-4070 Ce NY DWH FB WN YN NN NNN KY KN SB Be Bee ewe we ee ee eI A A KF OoBNH fF FS CHM IRDA RB wBwNH SE DS in part. Good cause further exists because Plaintiff has failed to obey the Court’s May 25, 2017 orders granting, in part, Chase’s Motion for Terminating Sanctions ordering Plaintiff to serve full and complete responses to Chase’s Form Interrogatories, Set One, Special Interrogatories, Set One, and produce all responsive documents. Plaintiff has not provided any full and complete responses to discovery nor has be produced all responsive documents. This Motion is made pursuant to California Code of Civil Procedure sections 2023.010, 2023.030, 2030.290, 2030.300, and 2030.310, and is based on this Notice of Motion and Motion, the attached Memorandum of Points and Authorities, the Declaration of Goli Mahdavi, the Separate Statements of Items in Dispute, the exhibits and proposed order filed concurrently herewith, on all pleadings, records and papers on file in this action and on such other and further evidence as may be presented by counsel at the hearing of this Motion. Dated: July 5, 2017 BRYAN CAVE LLP OhnAW By: } Goli Mahdavi Attomeys for Defendant JPMORGAN (CHASE BANK, N.A. NJ SF01DOCS\306223.1 2 MOTION FOR EVIDENTIARY, TERMINATING, AND MONETARY SANCTIONS