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Murray Tragish, Esq.i CSB ¹80759
LAW OFFICES OF ML'RRAY TRAGISH
5330 Office Center Court, Suite 72
Bakersfield, California 93309
Tel: (661) 324-2648
E-Mail:murray@mun aytragish.corn
Craig M. Lynch, Esq., State Bar No. 105998
LYNCH dk LYNCH
10913 Craigton Court
Bakersfield, California 93311
Mailing:
P.O. Box 13515
Bakersfield, California 93389-3515
Tel: (661) 322-8396
E-Mail:clvnchIII.Ivnchandlvnchlaw.corn
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Attorneys for PlaintiffICross-Defendant: ALDAR Mini Storage, L.P., a
11 California limited partnership and
Cross-Defendant; I3errel Ridenour
12
13 SIIPERIOR COURT OF THE STATE OF CAI.IFORNIA
I'N AND FOR THE COUNTY OF KERN, METROPOLITAN DISTRICT, CIVIL DIVISION
14
IS
ALDAR MINI STORAGE, L.P., a California Case No. BCV-20-101265-BCB
16 limited partnership,
MEMORANDUM OF POINTS AND
17 AUTHORITIES IN SUPPORT OF
Plaintiff, PLAINTIFF'S MOTION FOR AN ORDER
IS vs. COMPELLING DEFENDANT/CROSS-
COMPLAINANT: WORI.D OF
19 THV ENTERPRISFS, a California PENTFCOST, 1NC. AKA WORI.D OF
corporation; THV HAYKNARIK, LLC, a PENTECOST-LIFE CHURCH TO PROVIDE
20 California limited liability company; WORLD WRITTEN RESPONSES AND
OF PENTECOST, INC.i a California non-
DOCUMENTS TO DEMAND FOR
21
profit religious corporation, also known as PRODUCTION, SET TWO, AND FOR
PREVIOUSLY IMPOSED
22
WORLD OF PENTECOST-LIFE CHURCH; SANCTIONS AND THE IMPOSITION OF
KHACHATUR GHASABYAN, an individual, FURTHER MONETARY SANCTIONS FOR
23
also known as CHRIS GHASABYAN; FAILURE TO OBEY COURT ORDERS
TIGRAN ARUTYUNYAN, an individual; and [CCP I'12023.010(d)(g), CCP ti2031.300(a)(b);
24 DOES I through 500, inclusive, and CRC Rule 3.1345(b)(1);
CCP $ 2023.030(a)]
25 Defendants.
Date of Hearing: November 14, 2022
26 Time of Hearing: 8:30 a.m,
Division: H
27
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR AN ORDERS CoivlPELLING
DEFENDANT/CROSS-COMPLAINANT: WORLD OF PENTECOST, INC. TO PROVIDE WRITTEN RESPONSES AND DOCUMENTS TO
DEMAND FOR PRODUCTION, SET TWO, AND FOR PREVIOUSLY IMPOSED SANCTIONS AND THE IMPOSITION QF FURTHER
MONETARY SANCTIONS FOR FAILURE TO OBERY COURT ORDERS
I
WORLD OF PENTECOST, INC., a srdgned to the Honorable Bernard C. Barmann
I
2 Cross-Complainant,
Action Filed: June 1, 2020
3 vs. First Amended Complaint: July 13, 2020
ALDAR MINI STORAGE, L.P., a Second Amended Complaint: Dec. 21, 2020
4
California limited partnership, DERRELL 'ross-Complaint: February 26, 2021
First Amended Cross-Complaint: May 24, 2021
RIDENOUR, an individual, HEIDI NELSON, Trial Date: March 20, 2023
California
an individual, THV ENTERPRISES, a
corporation; THV HAYKNARIK,
LLC, a California limited liability company;
ALDAR MINI STORAGE, L.P., a California
s limited partnership, KHACHATUR
GHASABYAN, an individual, also known as
CHRIS GHASABYAN; TIGRAN
ARIJTYUNYAN, All Person Unknown,
Claiming any Legal or Equitable Right, Title,
11 Estate, Lien, or Interest in the Propetty
Described in the Complaint or Cross-
Complaint Adverse to Cross-Complainant's
13
Title Thereto, and DOES I through S00,
inclusive,
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(Cross l-Defendants.
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TO THE ABOVE-ENTITl.ED COURT, AND TO ALL PARTIES AND THEIR
ATTORNEYS OF RECORD;
IS
COMES NOW, Plaintiff: ALDAR MINI S'I'ORAGE, L.P., a California limited pattnership
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(hereinafter refetred to as "Aldar"), and in support of its Motion for an Order Compelling
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Defendant/Cross-Complainant: World of Pentecost, Inc. aka World of Pentecost-Life Church
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("WOP") to supply Written Responses and Documents to Aldar's Second Set of Demand for
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Production of Documents, Set One, and for Previously Imposed Sanctions and the Imposition ol
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Further Monetary Sanctions for Failure to Obey Court Orders (the "Motion" ), does hereby submit
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the following IVIemorandran of Points and Authorities.
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MEMORANDUM OF POlYTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF*S MOTION FOR AN ORDERS COMPELLING
DEFENDANT/CROSS-COMPLAINANT WORLD OF PENTECOST, INC. TO PROVIDE WRITTEN RESPONSES AND DOCUMENTS TO
DEMAND FOR PRODUCTION, SET TWO, AND FOR PREVIOUSLY IMPOSED SANCTIONS AND THE IMPOSITION OF FURTHER
MONETARY SANCTIONS FOR FAILURE TO OBERY COURT ORDERS
2
2
INTRODUCTION
Pursuant to the Declaration of Murray Tragish filed concurrently herevdth, as a result of the
two Motions to Compel brought by Aldar, which were heard on August 2, 2022, concerning
S
requests for further and complete responses to the first set of Special Interrogatories, and the writter.
6
responses to the Request for Production of Documents, Set Two, and for sanctions, the Courl
7
directed and ordered as follows:
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a. That WOP would provide further full and complete responses, without objections, to the
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Aldar/Ridenour first set of Special Interrogatories, on or before August 17, 2022.
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Futther, the Court directed and ordered that WOP pay the balance of sanctions owing for
a previous March 30, 2022 Court Order (hereinaAer referred to as the "First MTC
12
Order"), in the amount of $ 835.00, no later than September I, 2022. Additionally,
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sanctions were awarded to Aldar of $ 1,810.00, payable Io Aldar by September I, 2022,
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(hereinafter referred to as the "Second M'I'C Order" )
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b. The Court ordered that full and complete responses to the Request for Production oi
17 Documents, Set 2, be provided and served on counsel for Aldar/Ridenour on or before
August 17, 2022. Additionally, the Court awarded monetary sanctions against WOP fot
the failure to provide responses to the second set of Request for Production oi
20 Documents, to be paid to Aldar in the amount of $ 1,460.00, no later than. September 1,
21 2022 (hereinafter referred to as the "Third MTC Order" )
22 Subsequently, and as indicated, no sanctions have been paid as ordered and no responses to
the second set of Demand for Production of Documents has been received.
24
Aldar respectfully requests the Court to order WOP to provide responses to the second set ol
2S
Demand for Production of Documents, and payment of all sanctions in the total amount oi
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$ 4,105.00, and additional sanctions for bringing the within Motion in the amount of $ 1,810.00, for a
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total amount of $ 5,915.00
28
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF*S MOTION FOR AN ORDERS COMPELLING
DEFENDANT/CROSS-COMPLAINANT. WORLD OF PENTECOST, INC TO PROVIDE WRITTEN RESPONSES AND DOCUMENTS TO
DEMAND FOR PRODUCTION SET TWO, AND FOR PREVIOUSLY IMPOSED SANCTIONS AND THE IMPOSITION QF FURTHER
MONETARY SANCTIONS FOR FAILURE TO OBERY COURT ORDERS
3
I If the responses and total sanctions are not paid within 10-days from the hearing on this
Motion, it is requested that WOP's Answer to Aldar's Second Amended Complaint, and the WOP
First Amended Cross-Complaint, will automatically be deemed dismissed, with prejudice, or such
4
other further sanctions as the Court deems appropriate.
WOP HAS ENGAGED IN A MISUSE OF THE DISCOVERY PROCESS AND HAS
FAILED TO OBEY COURT ORDERS COMPELLING ANSWERS AND IMONETARY
SANCTIONS, AND THE COURT SHOULD AWARD FURTHER MONETARY
SANCTIONS, INCLUDING TERMINATION SANCTIONS
California Code of Civil Procedure section 2023.010 provides that it is a misuse and
10
abuse of the Discovery process where there is a "failing to respond or to submit to an authorized
12 method of discovery" and "disobeying a court order to provide discovery." California Code of
Civil Procedure )2023.010(d)(g).
14
Pursuant to California Code of Civil Procedure section 2023.030, where a party has engaged
15
in a misuse of the Discovery process, the Court may intpose the following sanctions:
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"(a) The court may imnose a monetarv sanction orderinu that one envauinu in the misuse of
the discoverv Drocess, or any attorney advising that conduct, or both Dav the reasonable
19
exnenses. Includinu attornev*s fees. incurred bv anvone as a result of that conduct....
... (b) The court may impose an issue sanction ordering that designated facts shall be taken
20
as established in the action in accordance with the claim of the party adversely affected by the
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misuse of the discovery process. The court may also impose an issue sanction by an order
22
prohibiting any party engaging in the misuse of the discovery process from supporting or
23
opposing designated claims or defenses.
24
(c) The court may impose an evidence sanction by an order prohibiting any party engaging in
the misuse of the discovery process from introducing designated matters in evidence.
26 (d) The court mav imnose a terminatinE sanction bv one of the followinE orders:
27 (1) An order strikinu out the Dleadinus or Darts of the pleadinus of anv nartv eneauina in
the misuse of the discoverv Drocess.
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR AN ORDERS COMPELLING
DEFENDANT/CROSS-COMPLAINANT: WORLD OF PENTECOST, INC. TO PROVIDE WRITTEN RESPONSES AND DOCUMENTS TO
DEMAND FOR PRCIDECTION, SET TWO, AND FOR PREVIOUSLY IMPOSED SANCTIONS AND THE IMPOSITION OF FURTHER
MONETARY SANCTIONS FOR FAILURE TO OBERY COURT ORDERS
4
(2) An order staying further proceedings by that party until an order for discovery is
2
obeyed.
3
(3) An order dismissina the action. or anv Dart of the action. of that oartv.
(4) An order renderinE a iudament bv default auainst that Dartv
3
(e) The court may impose a contempt sanction by an order treating the misuse of the
discovery process as a contempt of court." [emphasis added]
In the instant proceedings, on August 2, 2022, the Court issued its Rulings and Orders for
s responses by WOP to Aldar's second set of Demand for Production of Docmnents, and that said
responses be served on August 17, 2022, and for monetary sanctions to be paid in the collective
amount of $ 4,105.00 to Aldar by September 1, 2022. WOP has failed to adhere to the Court's
Rulings and Orders, and has intentionally„ if not willfully, failed toprovide the responses and
ll
pay accumulative sanctions.
12
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WOP's conduct is a continual misuse and abuse of thc Discovery process and the Court
14 should order further monetary sanctions of $ 1,810.00, and if WOP does not provide the
requested Discovery and Ordered sanctions 10 days from the date of hearing on this Motion, that
16 the WOP Answer to the Aldar Second Amended Complaint and of WOP's First Amended Cross-
Complaint filed in these proceedings, will be deemed dismissed, with prejudice, and/or such
other sanctions that the Court finds just and appropriate.
19
IH.
20
WOP HAS FAILED TO FILE AND SERVE ANY RESPONSES TO ALDAR'S SECOND
21 SET OF DEMAND FOR PRODUCTION OF DOCUMENTS AND ALDAR IS NOT
22
REQUIRED TO ATTEMPT TO RESOLVE INFORMALLY THE FAILURE TO
RESPOND BY WOP, INOR FILE A SEPARATE STATEMENT OF DISPUTED ISSUES,
23 AND ALDAR HAS MADE ATTEMPTS WITH NO SUCCESSFUL RESPONSE
24 Aldar is not required to file a separate statement of disputed issues where there is no
23 response to the discovery. California Rules of Court, Rule 3.1345(b)(1).
26 Also, where a inotion seeks a response to a demand for production where there has been no
22 response, no showdng of good cause is required to compel the response. California Practice Guide,
Weil, Brown, Section 8:1487, p. 8H-35
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR AN ORDERS COMPELLING
DEFENDANT/CROSS-COMPLAINANT: WORLD OF PENTECOST, INC TO PROVIDE WRITTEN RESPONSES AND DOCUMENTS To
DEMAND FOR PRODUCTiON, SET TWO, AND FOR PREVIOUSLY IMPOSED SANCTIONS AND THE IMPOSITION OF FURTHER
MONETARY SANCTIONS FOR FAILURE TO OBERY COURT ORDERS
3
I It is respectfully requested that based on the foregoing, Aldar is entitled to an Order
compelling responses to its second set of Demand for Production of Documents, and an award of
monetary and/or terminating sanctions.
IV.
6
ALDAR HAS KINGAGED AND MADE A REASONABLE AND GOOD FAITH
ATTEMPT AT AN INFORMAL RESOLUTION OF THK ISSUES PRESENTED IN THE
WITHIN MOTION, ALTHOUGH NOT REQUIRED BECAUSE OF NO RESPONSES
BY WOP
9 California
10
Pursuant to Code of Civil Procedure II2016.040 "a meet and confer declaration
ll
in support of a motion shall state facts showing a reasonable and good faith attempt at an
12
informal resolution of each issue presented by the motion." llowever, if the party fails to serve
I3
14 timely responses, the propounding party may move forward for an order compelling responses
and no declaration of good faith attempt to informally resolve issues is required. California Code
of Civil Procedure section 2030.290(b). Sinaiko Ifealrhcave Consultants (2007) 148 Cal. App. 4'"
17
390, 404, 55 Cal. Rptr. 3d 751, 760. As indicated in the concurrently filed Declaration of
18
Murray Tragish, good faith efforts were provided to obtain the responses and monetary
19
20 sanctions, and WOP has failed to respond despite numerous promises to do so.
21
22 CONCLUSION
It is respectfully requested that the within Court order WOP to provide full and complete
4 verified responsive answers and documents to Aldar's second set of Demand for Production ol
Documents, without objections, and that WOP pay to Aldar the previously imposed sanctions ol
$ 4,105.00, and award further monetary sanctions of $ 1,810.00 for the filing of tlie within Motion
27
and failure to obey Court Order, and that the responses and payments be served on Aldar no later
28
MEMORANDUM OF POI;ITS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR AN ORDERS COMPELLING
DEFENDANT/CROSS-COMPLAINANT: WORLD OF PENTECOST, INC. TO PROVIDE WRITTEN RESPONSES AND DOCUMENTS TO
DEMAND FOR PRODUCTION. SET TWO, AND FOR PREVIOUSLY IMPOSED SANCTIONS AND THE IMPOSITION OF FURTHER
MONETARY SANCTIONS FOR FAILURE TO OBERY COURT ORDERS
6
than 10-days from the hearin& in the within Motion. FulThm, that the Court consider and award
termination sanctions dismissing WOP's Answef to the Second Amended Complaint. and the WOP
First Amended Complaint, with prejudice, in the event that WOP fails to completely comply with
the Court Order in these proceedings, or such other s'mctions that the Court iinds approt)fiute.
6 Dated: September~, 2022 LAW
LYN
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7
PROOF OF SERVICE
Aldar Mini Storage, L.P. vs. THV Enterprises, Inc., et al.
Kern County Superior Court; Case No. BCV-20-101265-BCB
STATE OF CALIFORNIA, COUNTY OF KERN
I am a citizen of the United States and employed in the County of Kem, State of California and my
business address is 5330 Office Center Court, Suite 72, Bakersfield, California 93309; I am over the age of
eighteen and not a party to the within entitled action.
On September 29, 2022, I served the following document(s) described as: MEMORANDUM OF
POINTS AND AUTHORITIKS IN SUPPORT OF PLAINTIFF'S MOTION FOR AN ORDER
COMPELLING DEFENDANT/CROSS-COMPLAINANT: WORLD OF PENTECOST-LIFE
CHURCH TO PROVIDE WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR
PRODUCTION OF DOCUMENTS. SKT TWO. AND FOR PREVIOUSLY IMPOSED
SANCTIONS AND THK IMPOSITION OF FURTHER MONETARY SANCTIONS FOR
FAILURE TO OBERY COURT ORDFRS, on the interested parties to said action or through their
attorneys of record, by placing a true copy thereof in a sealed envelope, addressed as shown below, by the
following means:
XX (By Mail) By placing a true copy thereof; enclosed in a sealed envelope with postage thereon fully
prepaid, for coHection and mailing on that date following ordinary business practices, in the United
States Mail at the Iuw Offices of Murray Tragish, Bakersfield, California, addressed as shown
below. I am readily familiar with this business's practice for collection and processing of
correspondencc for mailing with the U.S. Postal Service, and in the ordinary course of business
correspondence would be deposited with the U.S. Postal Service the same day itsvas placed for
collection and processing.
~Attorne for Defendant/Cross-Defendant: Khachartur Ghasabvan aka Chris Ghasabvan
Ronald D. Dessy, Esq.
Dessy Br Dessy APC
1301 "I." Street
Bakersfield, California 93301
~Attorne for Defendants/Cross-Defendantsi THV Fnterorises. TI-IV Havknarik. LLC and
Tiaian Arutvunvan
G. Andrew Slater, Esq.
Quail Cardot, LLP
205 East River Circle, Suite 110
Fresno, California 93720
Attornevs for Defendant/Cross-Comnlainant; on behalf of World of Pentecost. Inc. aka
World of Pentecost Life-Church. and Limited Renresentation Attoinev for World of
Pentecost Church aka World of Pentecost Life Church
Thomas M. Alexander, Jr. Esq. Thomas M. Alexander, lr, Esq.
Alexander Law Offices Thomas Alexander Law Offices
468 N. Camden Drive, Suite 200 226 East Sixth Street
Beverly Hills, California 90210 Beaumont, California 92223
Co-counsel for Plaintiff'/Cross-Defendant: Aldar Mini Storaae. L.P. and Cross-Defendant: Derrel Ridenour
Craig M. Lynch, Esq.
Lynch Bc Lynch
P.O. Box 13515
Page 1 of 2
Bakersfield, California 93389-3515 foal
XX (By Electronic Service) Complying with California Code of Civil Procedure 0 I 0.6, caused each
such document(s) to be electronically served from amy murraytragish.corn to each addressee
below. The file transmission was reported as complete and a copy of the receipt will be maintained
with the original document(s) in our office.
Rond I 952Qaaol.corn Ronald D. Dessy, Esq.
alexanderslawggmail.corn Thomas Alexanders, Jr., Esq.
aslater u qual lcardot.corn G. Andrew Sister, Esq.
clynch(a lynchandlynchlaw.corn Craig M. Lynch, Esq.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
correct, and that I am employed in the office of a member of the Bar of this Court at whose direction the
service was made. Executed on September 29,2022 tBak f Id C I'f '
ty fK
Page 2 of 2
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Murray Tragish, Esq.i CSB ¹80759 LAW OFFICES OF ML'RRAY TRAGISH 5330 Office Center Court, Suite 72 Bakersfield, California 93309 Tel: (661) 324-2648 E-Mail:murray@mun aytragish.corn Craig M. Lynch, Esq., State Bar No. 105998 LYNCH dk LYNCH 10913 Craigton Court Bakersfield, California 93311 Mailing: P.O. Box 13515 Bakersfield, California 93389-3515 Tel: (661) 322-8396 E-Mail:clvnchIII.Ivnchandlvnchlaw.corn 10 Attorneys for PlaintiffICross-Defendant: ALDAR Mini Storage, L.P., a 11 California limited partnership and Cross-Defendant; I3errel Ridenour 12 13 SIIPERIOR COURT OF THE STATE OF CAI.IFORNIA I'N AND FOR THE COUNTY OF KERN, METROPOLITAN DISTRICT, CIVIL DIVISION 14 IS ALDAR MINI STORAGE, L.P., a California Case No. BCV-20-101265-BCB 16 limited partnership, MEMORANDUM OF POINTS AND 17 AUTHORITIES IN SUPPORT OF Plaintiff, PLAINTIFF'S MOTION FOR AN ORDER IS vs. COMPELLING DEFENDANT/CROSS- COMPLAINANT: WORI.D OF 19 THV ENTERPRISFS, a California PENTFCOST, 1NC. AKA WORI.D OF corporation; THV HAYKNARIK, LLC, a PENTECOST-LIFE CHURCH TO PROVIDE 20 California limited liability company; WORLD WRITTEN RESPONSES AND OF PENTECOST, INC.i a California non- DOCUMENTS TO DEMAND FOR 21 profit religious corporation, also known as PRODUCTION, SET TWO, AND FOR PREVIOUSLY IMPOSED 22 WORLD OF PENTECOST-LIFE CHURCH; SANCTIONS AND THE IMPOSITION OF KHACHATUR GHASABYAN, an individual, FURTHER MONETARY SANCTIONS FOR 23 also known as CHRIS GHASABYAN; FAILURE TO OBEY COURT ORDERS TIGRAN ARUTYUNYAN, an individual; and [CCP I'12023.010(d)(g), CCP ti2031.300(a)(b); 24 DOES I through 500, inclusive, and CRC Rule 3.1345(b)(1); CCP $ 2023.030(a)] 25 Defendants. Date of Hearing: November 14, 2022 26 Time of Hearing: 8:30 a.m, Division: H 27 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR AN ORDERS CoivlPELLING DEFENDANT/CROSS-COMPLAINANT: WORLD OF PENTECOST, INC. TO PROVIDE WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION, SET TWO, AND FOR PREVIOUSLY IMPOSED SANCTIONS AND THE IMPOSITION QF FURTHER MONETARY SANCTIONS FOR FAILURE TO OBERY COURT ORDERS I WORLD OF PENTECOST, INC., a srdgned to the Honorable Bernard C. Barmann I 2 Cross-Complainant, Action Filed: June 1, 2020 3 vs. First Amended Complaint: July 13, 2020 ALDAR MINI STORAGE, L.P., a Second Amended Complaint: Dec. 21, 2020 4 California limited partnership, DERRELL 'ross-Complaint: February 26, 2021 First Amended Cross-Complaint: May 24, 2021 RIDENOUR, an individual, HEIDI NELSON, Trial Date: March 20, 2023 California an individual, THV ENTERPRISES, a corporation; THV HAYKNARIK, LLC, a California limited liability company; ALDAR MINI STORAGE, L.P., a California s limited partnership, KHACHATUR GHASABYAN, an individual, also known as CHRIS GHASABYAN; TIGRAN ARIJTYUNYAN, All Person Unknown, Claiming any Legal or Equitable Right, Title, 11 Estate, Lien, or Interest in the Propetty Described in the Complaint or Cross- Complaint Adverse to Cross-Complainant's 13 Title Thereto, and DOES I through S00, inclusive, 14 (Cross l-Defendants. 15 TO THE ABOVE-ENTITl.ED COURT, AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD; IS COMES NOW, Plaintiff: ALDAR MINI S'I'ORAGE, L.P., a California limited pattnership 19 (hereinafter refetred to as "Aldar"), and in support of its Motion for an Order Compelling 20 Defendant/Cross-Complainant: World of Pentecost, Inc. aka World of Pentecost-Life Church 21 ("WOP") to supply Written Responses and Documents to Aldar's Second Set of Demand for 22 Production of Documents, Set One, and for Previously Imposed Sanctions and the Imposition ol 23 Further Monetary Sanctions for Failure to Obey Court Orders (the "Motion" ), does hereby submit 24 the following IVIemorandran of Points and Authorities. 25 MEMORANDUM OF POlYTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF*S MOTION FOR AN ORDERS COMPELLING DEFENDANT/CROSS-COMPLAINANT WORLD OF PENTECOST, INC. TO PROVIDE WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION, SET TWO, AND FOR PREVIOUSLY IMPOSED SANCTIONS AND THE IMPOSITION OF FURTHER MONETARY SANCTIONS FOR FAILURE TO OBERY COURT ORDERS 2 2 INTRODUCTION Pursuant to the Declaration of Murray Tragish filed concurrently herevdth, as a result of the two Motions to Compel brought by Aldar, which were heard on August 2, 2022, concerning S requests for further and complete responses to the first set of Special Interrogatories, and the writter. 6 responses to the Request for Production of Documents, Set Two, and for sanctions, the Courl 7 directed and ordered as follows: 8 a. That WOP would provide further full and complete responses, without objections, to the 9 Aldar/Ridenour first set of Special Interrogatories, on or before August 17, 2022. 10 Futther, the Court directed and ordered that WOP pay the balance of sanctions owing for a previous March 30, 2022 Court Order (hereinaAer referred to as the "First MTC 12 Order"), in the amount of $ 835.00, no later than September I, 2022. Additionally, 13 sanctions were awarded to Aldar of $ 1,810.00, payable Io Aldar by September I, 2022, 14 (hereinafter referred to as the "Second M'I'C Order" ) 16 b. The Court ordered that full and complete responses to the Request for Production oi 17 Documents, Set 2, be provided and served on counsel for Aldar/Ridenour on or before August 17, 2022. Additionally, the Court awarded monetary sanctions against WOP fot the failure to provide responses to the second set of Request for Production oi 20 Documents, to be paid to Aldar in the amount of $ 1,460.00, no later than. September 1, 21 2022 (hereinafter referred to as the "Third MTC Order" ) 22 Subsequently, and as indicated, no sanctions have been paid as ordered and no responses to the second set of Demand for Production of Documents has been received. 24 Aldar respectfully requests the Court to order WOP to provide responses to the second set ol 2S Demand for Production of Documents, and payment of all sanctions in the total amount oi 26 $ 4,105.00, and additional sanctions for bringing the within Motion in the amount of $ 1,810.00, for a 27 total amount of $ 5,915.00 28 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF*S MOTION FOR AN ORDERS COMPELLING DEFENDANT/CROSS-COMPLAINANT. WORLD OF PENTECOST, INC TO PROVIDE WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION SET TWO, AND FOR PREVIOUSLY IMPOSED SANCTIONS AND THE IMPOSITION QF FURTHER MONETARY SANCTIONS FOR FAILURE TO OBERY COURT ORDERS 3 I If the responses and total sanctions are not paid within 10-days from the hearing on this Motion, it is requested that WOP's Answer to Aldar's Second Amended Complaint, and the WOP First Amended Cross-Complaint, will automatically be deemed dismissed, with prejudice, or such 4 other further sanctions as the Court deems appropriate. WOP HAS ENGAGED IN A MISUSE OF THE DISCOVERY PROCESS AND HAS FAILED TO OBEY COURT ORDERS COMPELLING ANSWERS AND IMONETARY SANCTIONS, AND THE COURT SHOULD AWARD FURTHER MONETARY SANCTIONS, INCLUDING TERMINATION SANCTIONS California Code of Civil Procedure section 2023.010 provides that it is a misuse and 10 abuse of the Discovery process where there is a "failing to respond or to submit to an authorized 12 method of discovery" and "disobeying a court order to provide discovery." California Code of Civil Procedure )2023.010(d)(g). 14 Pursuant to California Code of Civil Procedure section 2023.030, where a party has engaged 15 in a misuse of the Discovery process, the Court may intpose the following sanctions: 16 "(a) The court may imnose a monetarv sanction orderinu that one envauinu in the misuse of the discoverv Drocess, or any attorney advising that conduct, or both Dav the reasonable 19 exnenses. Includinu attornev*s fees. incurred bv anvone as a result of that conduct.... ... (b) The court may impose an issue sanction ordering that designated facts shall be taken 20 as established in the action in accordance with the claim of the party adversely affected by the 21 misuse of the discovery process. The court may also impose an issue sanction by an order 22 prohibiting any party engaging in the misuse of the discovery process from supporting or 23 opposing designated claims or defenses. 24 (c) The court may impose an evidence sanction by an order prohibiting any party engaging in the misuse of the discovery process from introducing designated matters in evidence. 26 (d) The court mav imnose a terminatinE sanction bv one of the followinE orders: 27 (1) An order strikinu out the Dleadinus or Darts of the pleadinus of anv nartv eneauina in the misuse of the discoverv Drocess. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR AN ORDERS COMPELLING DEFENDANT/CROSS-COMPLAINANT: WORLD OF PENTECOST, INC. TO PROVIDE WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRCIDECTION, SET TWO, AND FOR PREVIOUSLY IMPOSED SANCTIONS AND THE IMPOSITION OF FURTHER MONETARY SANCTIONS FOR FAILURE TO OBERY COURT ORDERS 4 (2) An order staying further proceedings by that party until an order for discovery is 2 obeyed. 3 (3) An order dismissina the action. or anv Dart of the action. of that oartv. (4) An order renderinE a iudament bv default auainst that Dartv 3 (e) The court may impose a contempt sanction by an order treating the misuse of the discovery process as a contempt of court." [emphasis added] In the instant proceedings, on August 2, 2022, the Court issued its Rulings and Orders for s responses by WOP to Aldar's second set of Demand for Production of Docmnents, and that said responses be served on August 17, 2022, and for monetary sanctions to be paid in the collective amount of $ 4,105.00 to Aldar by September 1, 2022. WOP has failed to adhere to the Court's Rulings and Orders, and has intentionally„ if not willfully, failed toprovide the responses and ll pay accumulative sanctions. 12 13 WOP's conduct is a continual misuse and abuse of thc Discovery process and the Court 14 should order further monetary sanctions of $ 1,810.00, and if WOP does not provide the requested Discovery and Ordered sanctions 10 days from the date of hearing on this Motion, that 16 the WOP Answer to the Aldar Second Amended Complaint and of WOP's First Amended Cross- Complaint filed in these proceedings, will be deemed dismissed, with prejudice, and/or such other sanctions that the Court finds just and appropriate. 19 IH. 20 WOP HAS FAILED TO FILE AND SERVE ANY RESPONSES TO ALDAR'S SECOND 21 SET OF DEMAND FOR PRODUCTION OF DOCUMENTS AND ALDAR IS NOT 22 REQUIRED TO ATTEMPT TO RESOLVE INFORMALLY THE FAILURE TO RESPOND BY WOP, INOR FILE A SEPARATE STATEMENT OF DISPUTED ISSUES, 23 AND ALDAR HAS MADE ATTEMPTS WITH NO SUCCESSFUL RESPONSE 24 Aldar is not required to file a separate statement of disputed issues where there is no 23 response to the discovery. California Rules of Court, Rule 3.1345(b)(1). 26 Also, where a inotion seeks a response to a demand for production where there has been no 22 response, no showdng of good cause is required to compel the response. California Practice Guide, Weil, Brown, Section 8:1487, p. 8H-35 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR AN ORDERS COMPELLING DEFENDANT/CROSS-COMPLAINANT: WORLD OF PENTECOST, INC TO PROVIDE WRITTEN RESPONSES AND DOCUMENTS To DEMAND FOR PRODUCTiON, SET TWO, AND FOR PREVIOUSLY IMPOSED SANCTIONS AND THE IMPOSITION OF FURTHER MONETARY SANCTIONS FOR FAILURE TO OBERY COURT ORDERS 3 I It is respectfully requested that based on the foregoing, Aldar is entitled to an Order compelling responses to its second set of Demand for Production of Documents, and an award of monetary and/or terminating sanctions. IV. 6 ALDAR HAS KINGAGED AND MADE A REASONABLE AND GOOD FAITH ATTEMPT AT AN INFORMAL RESOLUTION OF THK ISSUES PRESENTED IN THE WITHIN MOTION, ALTHOUGH NOT REQUIRED BECAUSE OF NO RESPONSES BY WOP 9 California 10 Pursuant to Code of Civil Procedure II2016.040 "a meet and confer declaration ll in support of a motion shall state facts showing a reasonable and good faith attempt at an 12 informal resolution of each issue presented by the motion." llowever, if the party fails to serve I3 14 timely responses, the propounding party may move forward for an order compelling responses and no declaration of good faith attempt to informally resolve issues is required. California Code of Civil Procedure section 2030.290(b). Sinaiko Ifealrhcave Consultants (2007) 148 Cal. App. 4'" 17 390, 404, 55 Cal. Rptr. 3d 751, 760. As indicated in the concurrently filed Declaration of 18 Murray Tragish, good faith efforts were provided to obtain the responses and monetary 19 20 sanctions, and WOP has failed to respond despite numerous promises to do so. 21 22 CONCLUSION It is respectfully requested that the within Court order WOP to provide full and complete 4 verified responsive answers and documents to Aldar's second set of Demand for Production ol Documents, without objections, and that WOP pay to Aldar the previously imposed sanctions ol $ 4,105.00, and award further monetary sanctions of $ 1,810.00 for the filing of tlie within Motion 27 and failure to obey Court Order, and that the responses and payments be served on Aldar no later 28 MEMORANDUM OF POI;ITS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR AN ORDERS COMPELLING DEFENDANT/CROSS-COMPLAINANT: WORLD OF PENTECOST, INC. TO PROVIDE WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION. SET TWO, AND FOR PREVIOUSLY IMPOSED SANCTIONS AND THE IMPOSITION OF FURTHER MONETARY SANCTIONS FOR FAILURE TO OBERY COURT ORDERS 6 than 10-days from the hearin& in the within Motion. FulThm, that the Court consider and award termination sanctions dismissing WOP's Answef to the Second Amended Complaint. and the WOP First Amended Complaint, with prejudice, in the event that WOP fails to completely comply with the Court Order in these proceedings, or such other s'mctions that the Court iinds approt)fiute. 6 Dated: September~, 2022 LAW LYN 10 .P., a 13 15 16 17 19 20 21 22 25 26 27 2S bfl MORANI3U vl Ol. Pol (1 5 AND AIJI IIORITII 5 IN S UPI ORT OP Pl AINTII P S Iva)TION IOR AN ORI)I RS Coiill'I I I ING DPP(vNDANT/CROSS-Cob(I'I.A(NANT '(VORI.D Ol''IINTIICOST, INC. TO I'ROV(131: WRI I II'.N Rl Sl'ON!il S AND l&O('Ufvll(NTS I 0 Dl blAND 1()R PROI3(fc I'ION, Sf(1 T (YO, ANI31 OR I'Rl Vlolisl Y Ifv(POSI(O SAN('TloiVS ANI& Tl lli llvlPOSITION Ol I'URTIII R fvlONliTARY!iAN(.'TIONS I'OR IvAII.URI! 'I'0 OlllvRY (.'Ol!RT ORDI!RS 7 PROOF OF SERVICE Aldar Mini Storage, L.P. vs. THV Enterprises, Inc., et al. Kern County Superior Court; Case No. BCV-20-101265-BCB STATE OF CALIFORNIA, COUNTY OF KERN I am a citizen of the United States and employed in the County of Kem, State of California and my business address is 5330 Office Center Court, Suite 72, Bakersfield, California 93309; I am over the age of eighteen and not a party to the within entitled action. On September 29, 2022, I served the following document(s) described as: MEMORANDUM OF POINTS AND AUTHORITIKS IN SUPPORT OF PLAINTIFF'S MOTION FOR AN ORDER COMPELLING DEFENDANT/CROSS-COMPLAINANT: WORLD OF PENTECOST-LIFE CHURCH TO PROVIDE WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION OF DOCUMENTS. SKT TWO. AND FOR PREVIOUSLY IMPOSED SANCTIONS AND THK IMPOSITION OF FURTHER MONETARY SANCTIONS FOR FAILURE TO OBERY COURT ORDFRS, on the interested parties to said action or through their attorneys of record, by placing a true copy thereof in a sealed envelope, addressed as shown below, by the following means: XX (By Mail) By placing a true copy thereof; enclosed in a sealed envelope with postage thereon fully prepaid, for coHection and mailing on that date following ordinary business practices, in the United States Mail at the Iuw Offices of Murray Tragish, Bakersfield, California, addressed as shown below. I am readily familiar with this business's practice for collection and processing of correspondencc for mailing with the U.S. Postal Service, and in the ordinary course of business correspondence would be deposited with the U.S. Postal Service the same day itsvas placed for collection and processing. ~Attorne for Defendant/Cross-Defendant: Khachartur Ghasabvan aka Chris Ghasabvan Ronald D. Dessy, Esq. Dessy Br Dessy APC 1301 "I." Street Bakersfield, California 93301 ~Attorne for Defendants/Cross-Defendantsi THV Fnterorises. TI-IV Havknarik. LLC and Tiaian Arutvunvan G. Andrew Slater, Esq. Quail Cardot, LLP 205 East River Circle, Suite 110 Fresno, California 93720 Attornevs for Defendant/Cross-Comnlainant; on behalf of World of Pentecost. Inc. aka World of Pentecost Life-Church. and Limited Renresentation Attoinev for World of Pentecost Church aka World of Pentecost Life Church Thomas M. Alexander, Jr. Esq. Thomas M. Alexander, lr, Esq. Alexander Law Offices Thomas Alexander Law Offices 468 N. Camden Drive, Suite 200 226 East Sixth Street Beverly Hills, California 90210 Beaumont, California 92223 Co-counsel for Plaintiff'/Cross-Defendant: Aldar Mini Storaae. L.P. and Cross-Defendant: Derrel Ridenour Craig M. Lynch, Esq. Lynch Bc Lynch P.O. Box 13515 Page 1 of 2 Bakersfield, California 93389-3515 foal XX (By Electronic Service) Complying with California Code of Civil Procedure 0 I 0.6, caused each such document(s) to be electronically served from amy murraytragish.corn to each addressee below. The file transmission was reported as complete and a copy of the receipt will be maintained with the original document(s) in our office. Rond I 952Qaaol.corn Ronald D. Dessy, Esq. alexanderslawggmail.corn Thomas Alexanders, Jr., Esq. aslater u qual lcardot.corn G. Andrew Sister, Esq. clynch(a lynchandlynchlaw.corn Craig M. Lynch, Esq. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. Executed on September 29,2022 tBak f Id C I'f ' ty fK Page 2 of 2