Preview
LAW OFFICES OF BENNY MARTIN
Benjamin Martin (SBN 257452)
195 41st Street
P.O. Box 11120
Oakland, CA 94611
Phone: (415) 558-1760.
Email: knowyourightsinsf@ gmail.com
Attorneys for Plaintiff Phil Garcia
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
DEC 12 2014
Clerk of the Court
BY: MAURA RAMIREZ
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
PHIL GARCIA, an individual,
Plaintiff,
VS.
} Case No. CGC-14-538560
} PLAINTIFF PHIL GARCIA‘S
) SEPARATE STATEMENT OF
) DISCOVERY QUESTIONS AND
) RESPONSES IN CONTENTION IN
CARRIE WILSON, in her capacity as trustee of ) SUPPORT OF HIS MOTION TO
THE WILSON FAMILY TRUST, SHAUN
MARKHAM, an individual, ERIKA
MARKHAM, an individual, and ANGELO
WILSON, an individual, and DOES 1-20.
Defendants.
; COMPEL RESPONSES DEPOSITION
) DOCUMENT REQUESTS AND
) DEPOSITION QUESTIONS
} Date: January 7, 2014
) Time: 9:30 am,
) Dept: 501
}
)
Pursuant to Rule 3.1345 of the California Rules of Court, Claimants submit the following
Separate Statement of Discovery Questions and Responses in Contention.
Plaintiff's Document Requests in Defendant Angelo Wilson’s Notice of Deposition
Request #1
Copies of each and every COMMUNICATION between Defendant Angelo Wilson and Erika
Markham relating to Plaintiff’s tenancy at the SUBJECT PREMISES from 2008 to the present.
Defendant’s Response:
No production, or written or oral objection to the requested documents either prior to or at the
deposition.
~1-
PLAINTIFF'S SEPARATE STATEMENTPlaintiff’s Meet and Confer Effort and Reason to Compel Objection-free Production:
Objections to documents requested in a deposition notice are waived unless written objections are
served on the party noticing the deposition at least three (3) days before the deposition. CCP §
2025 .410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during}
the deposition, generally to all the requests, or specifically or any particular request, all objections are
waived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product]
protection. CCP § 2025.460(a). Because there was no response or objection to the document requests
in the original notice, you may not object to them now either. Scottsdale Ins. Co. v. Sup.Ct. (Spyglass
Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273.
Defendant’s Response to Plaintiff's Meet and Confer Efforts:
As for your assertion that we have waived all objections, your position is contrary to the Code of
Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not
comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless
that party promptly serves a written objection". The errors and irregularities are further defined in
CCP Sec, 2025.220 with paragraph 4 being relevant for our purposes, which states: "The
specification with reasonable particularity of any materials or category of materials, including any
electronically store information ..." By proceeding with the deposition and not providing a written
objection, the only objection we waived was for specificity of the materials or category of materials
stated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec J
2025 .460 specifies that objections to the disclosure of attorney client privilege is "made during the
deposition". Since, the objection needs to be specific, it would require you to ask a question seeking
that information, You never asked any questions regarding the documents, so the privilege is
preserved.
You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for
Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes
you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition
notice and issue a Request for Production of Documents pursuant to 2031210 et al., we will entertain
responding to such a request.” Martin Decl. 12, Ex. K Ms. Clifford’s August 14, 2014 letter and
August 29, 2014 letter Meet and Confer Letters.
~2-
PLAINTIFF'S SEPARATE STATEMENTRequest #2
Copies of each and every COMMUNICATION between Defendant Angelo Wilson and Shaun
Markham relating to Plaintiff's tenancy at the SUBJECT PREMISES from 2008 to the present.
Defendant's Response:
No production, or written or oral objection to the requested documents either prior to or at the
deposition.
Plaintiff’s Meet and Confer Effort and Reason to Compel Objection-free Production:
Objections to documents requested in a deposition notice are waived unless written. objections are.
served on the party noticing the deposition at least three (3) days before the deposition. CCP §
2025 410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during}
the deposition, generally to all the requests, or specifically or any particular request, all objections are
waived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product}
protection, CCP § 2025 460(a). Because there was no response or objection to the document requests
in the original notice, you may not object to them now either. Scortsdale Ins. Co. v. Sup.Ct. (Spyglass!
Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273.
Defendant’s Response to Plaintiff’s Meet and Confer Efforts:
As for your assertion that we have waived all objections, your position is contrary to the Code of
Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not
comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless
that party promptly serves a written objection". The errors and irregularities are further defined in
CCP Sec. 2025.220 with paragraph 4 being relevant for our purposes, which states: "The
specification with reasonable particularity of any materials or category of materials, including any
electronically store information ..." By proceeding with the deposition and not providing a written
objection, the only objection we waived was for specificity of the materials or category of materials
stated in the deposition notice. All other objections may be made at the deposition. In facet, CCP Sec
2025.460 specifies that objections to the disclosure of attorney client privilege is "made during the
deposition". Since, the objection needs to be specific, it would require you to ask a question seeking
that information. You never asked any questions regarding the documents, so the privilege is
preserved.
~3-
PLAINTIFF'S SEPARATE STATEMENTYou have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for
Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes
you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition
notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will entertain
responding to such a request.” Martin Deel. § 12, Ex. K Ms, Clifford’s August 14, 2014 letter and
August 29, 2014 letter Meet and Confer Letters
Request #3
Copies of each and every COMMUNICATION between Defendant Angelo Wilson and Carrie
Wilson relating to Plaintiff's tenancy at the SUBJECT PREMISES from 2008 to the present.
Defendant’s Response:
No production, or written or oral objection to the requested documents either prior to or at the
deposition,
Plaintiff's Meet and Confer Effort and Reason to Compel Objection-free Production:
Objections to documents requested in a deposition notice are waived unless written. objections are.
served on the party noticing the deposition at least three (3) days before the deposition. CCP §
2025.410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during}
the deposition, generally to all the requests, or specifically or any particular request, all objections are
waived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product
protection. CCP § 2025 .460(a). Because there was no response or objection to the document requests
in the original notice, you may not object to them now either. Scortsdale Ins. Co. v. Sup.Ct. (Spyglass|
Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273.
Defendant’s Response to Plaintiff’s Meet and Confer Efforts:
As for your assertion that we have waived all objections, your position is contrary to the Code of
Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not
comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless
that party promptly serves a written objection". The errors and irregularities are further defined in
CCP Sec, 2025.220 with paragraph 4 being relevant for our purposes, which states: "The
specification with reasonable particularity of any materials or category of materials, including any
electronically store information ..."_ By proceeding with the deposition and not providing a written
objection, the only objection we waived was for specificity of the materials or category of materials
~ Ae
PLAINTIFF'S SEPARATE STATEMENTstated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec J
2025 460 specifies that objections to the disclosure of attorney client privilege is "made during the
deposition”. Since, the objection needs to be specific, it would require you to ask a question seeking
that information. You never asked any questions regarding the documents, so the privilege is
preserved,
You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for
Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes
you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition
notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will entertain
responding to such a request.” Martin Decl. { 12, Ex. K Ms. Clifford’s August 14, 2014 letter and
August 29, 2014 letter Meet and Confer Letters
Request #4
Copies of each and every COMMUNICATION between Defendant Angelo Wilson and any person
relating to the unlawful detainer action brought in San Francisco Superior Court, Wilson v. Garcia,
CUD-13- 645240. Defendant’s Response:
No production, or written or oral objection to the requested documents either prior to or at the
deposition.
Plaintiff’s Meet and Confer Effort and Reason to Compel Objection-free Production:
Objections to documents requested in a deposition notice are waived unless written objections are
served on the party noticing the deposition at least three (3) days before the deposition. CCP §
2025 410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during|
the deposition, generally to all the requests, or specifically or any particular request, all objections are
waived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product]
protection. CCP § 2025.460(a). Because there was no response or objection to the document requests
in the original notice, you may not object to them now either. Scottsdale Ins. Co. v. Sup.Ct. (Spyglass|
Homeowners Ass'n) (1997) 59 Cal .App. 4th 263, 273.
Defendant’s Response to Plaintiff’s Meet and Confer Efforts:
As for your assertion that we have waived all objections, your position is contrary to the Code of
Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not
~5-
PLAINTIFF'S SEPARATE STATEMENTcomply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless
that party promptly serves a written objection". The errors and irregularities are further defined in
CCP Sec. 2025.220 with paragraph 4 being relevant for our purposes, which states: "The
specification with reasonable particularity of any materials or category of materials, including any
electronically store information ..." By proceeding with the deposition and not providing a written
objection, the only objection we waived was for specificity of the materials or category of materials
stated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec J
2025 460 specifies that objections to the disclosure of attorney client privilege is "made during the
deposition’. Since, the objection needs to be specific, it would require you to ask a question seeking
that information. You never asked any questions regarding the documents, so the privilege is
preserved.
You have confused CCP 2025 210 et al with CCP 2031.210 et al. You have not served a Request for
Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes
you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition
notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will entertain
responding to such a request.” Martin Decl. § 12, Ex. K Ms. Cliffard’s August 14, 2014 letter and
August 29, 2014 letter Meet and Confer Letters
Request #5.
Copies of each and every COMMUNICATION between Defendant Angelo Wilson and any person
relating to the collection of audio or video documentation of Mr. Garcia or Mr. Garcia’s home at the
SUBJECT PREMISES.
Defendant’s Response:
No production, or written or oral objection to the requested documents either prior to or at the
deposition.
Plaintiff's Meet and Confer Effort and Reason to Compel Objection-free Production:
Objections to documents requested in a deposition notice are waived unless written objections are
served on the party noticing the deposition at least three (3) days before the deposition. CCP §
2025 410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during}
the deposition, generally to all the requests, or specifically or any particular request, all objections are
~6-
PLAINTIFF'S SEPARATE STATEMENTwaived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product]
protection. CCP § 2025.460(a). Because there was no response or objection to the document requests
in the original notice, you may not object to them now either. Scottsdale Ins. Co. v. Sup.Ct. (Spyglass!
Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273.
Defendant’s Response to Plaintiff’s Meet and Confer Efforts:
As for your assertion that we have waived all objections, your position is contrary to the Code of
Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not
comply with Article 2 (commencing with Section 2025 .210) waives any error or irregularity unless
that party promptly serves a written objection". The errors and irregularities are further defined in
CCP Sec. 2025.220 with paragraph 4 being relevant for our purposes, which states: "The
specification with reasonable particularity of any materials or category of materials, including any
electronically store information ..." By proceeding with the deposition and not providing a written
objection, the only objection we waived was for specificity of the materials or category of materials
stated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec J
2025 460 specifies that objections to the disclosure of attorney client privilege is "made during the
deposition”. Since, the objection needs to be specific, it would require you to ask a question seeking
that information. You never asked any questions regarding the documents, so the privilege is
preserved.
You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for
Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes
you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition
notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will entertain
responding to such a request.” Martin Decl. § 12, Ex. K Ms. Cliffard’s August 14, 2014 letter and
August 29, 2014 letter Meet and Confer Letters
Request #6
Copies of each and every audio and video recording of Mr. Garcia or Mr. Garcia’s home at the
SUBJECT PREMISES.
Defendant’s Response:
~7-
PLAINTIFF'S SEPARATE STATEMENTNo production, or written or oral objection to the requested documents either prior to or at the
deposition.
Plaintiff's Meet and Confer Effort and Reason to Compel Objection-free Production:
Objections to documents requested in a deposition notice are waived unless written objections are
served on the party noticing the deposition at least three (3) days before the deposition. CCP §
2025 410(a), (b). By failing to object either prior to the deposition under C.C-P. § 2025.410, or during}
the deposition, generally to all the requests, or specifically or any particular request, all objections are
waived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product
protection. CCP § 2025.460(a). Because there was no response or objection to the document requests
in the original notice, you may not object to them now either. Scottsdale Ins. Co. v. Sup.Ct. (Spyglass
Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273.
Defendant’s Response to Plaintiff’s Meet and Confer Efforts:
As for your assertion that we have waived all objections, your position is contrary to the Code of
Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not
comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless
that party promptly serves a written objection". The errors and irregularities are further defined in
CCP Sec. 2025.220 with paragraph 4 being relevant for our purposes, which states: "The
specification with reasonable particularity of any materials or category of materials, including any
electronically store information ..." By proceeding with the deposition and not providing a written
objection, the only objection we waived was for specificity of the materials or category of materials
stated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec,
2025 460 specifies that objections to the disclosure of attorney client privilege is "made during the
deposition”. Since, the objection needs to be specific, it would require you to ask a question seeking
that information. You never asked any questions regarding the documents, so the privilege is
preserved.
You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for
Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes
you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition
notice and issue a Request for Production of Documents pursuant to 2031210 et al., we will entertain
~ Be
PLAINTIFF'S SEPARATE STATEMENTresponding to such a request.” Martin Decl. { 12, Ex. K Ms. Clifford’s August 14, 2014 letter and
August 29, 2014 letter Meet and Confer Letters
Copies of each and every audio and video recording of Mr. Garcia or Mr. Garcia’s home at the
SUBJECT PREMISES.
Request #7,
Copies of each and every COMMUNICATION between Defendant Angelo Wilson and any person
relating to the current address, and telephone number of each Defendant in this action.
Defendant’s Response:
No production, or written or oral objection to the requested documents either prior to or at the
deposition.
Plaintiff's Meet and Confer Effort and Reason to Compel Objection-free Production:
Objections to documents requested in a deposition notice are waived unless written objections are
served on the party noticing the deposition at least three (3) days before the deposition, CCP §
2025 .410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during}
the deposition, generally to all the requests, or specifically or any particular request, all objections are:
waived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product}
protection. CCP § 2025.460(a). Because there was no response or objection to the document requests
in the original notice, you may not object to them now either. Scottsdale Ins. Co. v. Sup.Ct. (Spyglass|
Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273.
Defendant’s Response to Plaintiff’s Meet and Confer Efforts:
As for your assertion that we have waived all objections, your position is contrary to the Code of
Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not
comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless
that party promptly serves a written objection". The errors and irregularities are further defined in
CCP Sec. 2025.220 with paragraph 4 being relevant for our purposes, which states: "The
specification with reasonable particularity of any materials or category of materials, including any
electronically store information ..." By proceeding with the deposition and not providing a written
objection, the only objection we waived was for specificity of the materials or category of materials
stated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec j
2025 460 specifies that objections to the disclosure of attorney client privilege is "made during the
deposition". Since, the objection needs to be specific, it would require you to ask a question seeking
~g-
PLAINTIFF'S SEPARATE STATEMENTthat information. You never asked any questions regarding the documents, so the privilege is
preserved.
You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for
Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes
you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition
notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will entertain
responding to such a request.” Martin Decl. § 12, Ex. K Ms. Clifford’s August 14, 2014 letter and
August 29, 2014 letter Meet and Confer Letters
Copies of each and every COMMUNICATION between Defendant Angelo Wilson and any person
relating to the current address, and telephone number of each Defendant in this action.
Copies of each and every DOCUMENT in Defendant Angelo Wilson’s possession showing the
current address, and telephone number of each Defendant in this action,
Defendant’s Response:
No production, or written or oral objection to the requested documents either prior to or at the
deposition.
Plaintiff's Meet and Confer Effort and Reason to Compel Objection-free Production:
Objections to documents requested in a deposition notice are waived unless written objections are
served on the party noticing the deposition at least three (3) days before the deposition. CCP §
2025 410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during}
the deposition, generally to all the requests, or specifically or any particular request, all objections are
waived. Ev.C. § 912(a). This specifically inchudes claims of attorney-client privilege or work product}
protection. CCP § 2025.460(a). Because there was no response or objection to the document requests.
in the original notice, you may not object to them now either. Scottsdale Ins. Co. v. Sup.Ct. (Spyglass
Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273.
Defendant’s Response to Plaintiff’s Meet and Confer Efforts:
As for your assertion that we have waived all objections, your position is contrary to the Code of
Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not:
comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless
~10-
PLAINTIFF'S SEPARATE STATEMENTthat party promptly serves a written objection". The errors and irregularities are further defined in
CCP Sec. 2025.220 with paragraph 4 being relevant for our purposes, which states: "The
specification with reasonable particularity of any materials or category of materials, including any
electronically store information ..." By proceeding with the deposition and not providing a written
objection, the only objection we waived was for specificity of the materials or category of materials
stated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec,
2025 460 specifies that objections to the disclosure of attorney client privilege is "made during the
deposition". Since, the objection needs to be specific, it would require you to ask a question seeking
that information. You never asked any questions regarding the documents, so the privilege is
preserved.
You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for
Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes
you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition
notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will entertain
responding to such a request.” Martin Decl. { 12, Ex. K Ms. Clifford’s August 14, 2014 letter and
August 29, 2014 letter Meet and Confer Letters
Request #9
Copies of each and every DOCUMENT in Defendant Angelo Wilson’s possession relating to or
outlining his property management duties at the SUBJECT PREMISES at any time during Mr.
Garcia’s tenancy.
Defendant’s Response:
No production, or written or oral objection to the requested documents either prior to or at the
deposition.
Plaintiff's Meet and Confer Effort and Reason to Compel Objection-free Production:
Objections to documents requested in a deposition notice are waived unless written objections are
served on the party noticing the deposition at least three (3) days before the deposition. CCP §
2025 .410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during}
the deposition, generally to all the requests, or specifically or any particular request, all objections are
waived, Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product}
-~ll-
PLAINTIFF'S SEPARATE STATEMENTprotection. CCP § 2025 460(a). Because there was no response or objection to the document requests
in the original notice, you may not object to them now either. Scottsdale Ins. Co. v. Sup.Ct. (Spygtass|
Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273.
Defendant’s Response to Plaintiff’s Meet and Confer Efforts:
As for your assertion that we have waived all objections, your position is contrary to the Code of
Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not
comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless
that party promptly serves a written objection". The errors and irregularities are further defined in
CCP Sec. 2025.220 with paragraph 4 being relevant for our purposes, which states: "The
specification with reasonable particularity of any materials or category of materials, including any
electronically store information ..." By proceeding with the deposition and not providing a written
objection, the only objection we waived was for specificity of the materials or category of materials
stated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec |
2025 460 specifies that objections to the disclosure of attorney client privilege is "made during the
deposition”, Since, the objection needs to be specific, it would require you to ask a question seeking
that information. You never asked any questions regarding the documents, so the privilege is
preserved.
You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for
Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes
you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition
notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will entertain
responding to such a request.” Martin Decl. { 12, Ex. K Ms. Clifford’s August 14, 2014 letter and
August 29, 2014 letter Meet and Confer Letters
Request #10
Copies of each and every DOCUMENT in Defendant Angelo Wilson’s possession relating to the
deposit or any rent paid by Mr. Garcia into any bank account.
Defendant’s Response:
No production, or written or oral objection to the requested documents either prior to or at the
deposition.
~12-
PLAINTIFF'S SEPARATE STATEMENTPlaintiff’s Meet and Confer Effort and Reason to Compel Objection-free Production:
Objections to documents requested in a deposition notice are waived unless written objections are
served on the party noticing the deposition at least three (3) days before the deposition. CCP §
2025 .410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during}
the deposition, generally to all the requests, or specifically or any particular request, all objections are
waived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product]
protection. CCP § 2025.460(a). Because there was no response or objection to the document requests
in the original notice, you may not object to them now either. Scottsdale Ins. Co. v. Sup.Ct. (Spyglass
Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273.
Defendant’s Response to Plaintiff's Meet and Confer Efforts:
As for your assertion that we have waived all objections, your position is contrary to the Code of
Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not
comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless
that party promptly serves a written objection". The errors and irregularities are further defined in
CCP Sec, 2025.220 with paragraph 4 being relevant for our purposes, which states: "The
specification with reasonable particularity of any materials or category of materials, including any
electronically store information ..." By proceeding with the deposition and not providing a written
objection, the only objection we waived was for specificity of the materials or category of materials
stated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec J
2025 .460 specifies that objections to the disclosure of attorney client privilege is "made during the
deposition". Since, the objection needs to be specific, it would require you to ask a question seeking
that information, You never asked any questions regarding the documents, so the privilege is
preserved.
You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for
Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes
you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition
notice and issue a Request for Production of Documents pursuant to 2031210 et al., we will entertain
responding to such a request.” Martin Decl. 12, Ex. K Ms. Clifford’s August 14, 2014 letter and
August 29, 2014 letter Meet and Confer Letters
-~13-
PLAINTIFF'S SEPARATE STATEMENTRequest #11.
Copies of each and every DOCUMENT in Defendant Angelo Wilson’s possession relating to any
monies he received from Carrie Wilson or The Wilson Family Trust.
Defendant's Response:
No production, or written or oral objection to the requested documents either prior to or at the
deposition.
Plaintiff’s Meet and Confer Effort and Reason to Compel Objection-free Production:
Objections to documents requested in a deposition notice are waived unless written. objections are.
served on the party noticing the deposition at least three (3) days before the deposition. CCP §
2025 410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during}
the deposition, generally to all the requests, or specifically or any particular request, all objections are
waived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product}
protection, CCP § 2025 460(a). Because there was no response or objection to the document requests
in the original notice, you may not object to them now either. Scortsdale Ins. Co. v. Sup.Ct. (Spyglass!
Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273.
Defendant’s Response to Plaintiff’s Meet and Confer Efforts:
As for your assertion that we have waived all objections, your position is contrary to the Code of
Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not
comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless
that party promptly serves a written objection". The errors and irregularities are further defined in
CCP Sec. 2025.220 with paragraph 4 being relevant for our purposes, which states: "The
specification with reasonable particularity of any materials or category of materials, including any
electronically store information ..." By proceeding with the deposition and not providing a written
objection, the only objection we waived was for specificity of the materials or category of materials
stated in the deposition notice. All other objections may be made at the deposition. In facet, CCP Sec
2025.460 specifies that objections to the disclosure of attorney client privilege is "made during the
deposition". Since, the objection needs to be specific, it would require you to ask a question seeking
that information. You never asked any questions regarding the documents, so the privilege is
preserved.
-~1u4-
PLAINTIFF'S SEPARATE STATEMENTYou have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for
Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes
you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition
notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will entertain
responding to such a request.” Martin Deel. § 12, Ex. K Ms, Clifford’s August 14, 2014 letter and
August 29, 2014 letter Meet and Confer Letters
Request #12
Copies of each and every DOCUMENT or COMMUNICATION in Defendant Angelo Wilson’s
possession relating to any rent check not deposited or cashed.
Defendant’s Response:
No production, or written or oral objection to the requested documents either prior to or at the
deposition,
Plaintiff's Meet and Confer Effort and Reason to Compel Objection-free Production:
Objections to documents requested in a deposition notice are waived unless written. objections are.
served on the party noticing the deposition at least three (3) days before the deposition. CCP §
2025.410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during}
the deposition, generally to all the requests, or specifically or any particular request, all objections are
waived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product
protection. CCP § 2025 .460(a). Because there was no response or objection to the document requests
in the original notice, you may not object to them now either. Scortsdale Ins. Co. v. Sup.Ct. (Spyglass|
Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273.
Defendant’s Response to Plaintiff’s Meet and Confer Efforts:
As for your assertion that we have waived all objections, your position is contrary to the Code of
Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not
comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless
that party promptly serves a written objection". The errors and irregularities are further defined in
CCP Sec, 2025.220 with paragraph 4 being relevant for our purposes, which states: "The
specification with reasonable particularity of any materials or category of materials, including any
electronically store information ..."_ By proceeding with the deposition and not providing a written
objection, the only objection we waived was for specificity of the materials or category of materials
-~15-
PLAINTIFF'S SEPARATE STATEMENTstated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec |
2025 460 specifies that objections to the disclosure of attorney client privilege is "made during the
deposition”. Since, the objection needs to be specific, it would require you to ask a question seeking
that information. You never asked any questions regarding the documents, so the privilege is
preserved,
You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for
Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes
you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition
notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will entertain
responding to such a request.” Martin Decl. § 12, Ex. K Ms. Clifford’s August 14, 2014 letter and
August 29, 2014 letter Meet and Confer Letters
Request #13
Copies of each and every DOCUMENT referring to or describing any COMMUNICATION relating
to any noise complaint about Defendant Shaun Markham any point Shaun Markham lived at the
SUBJECT PREMISES.
Defendant’s Response:
No production, or written or oral objection to the requested documents either prior to or at the
deposition.
Plaintiff's Meet and Confer Effort and Reason to Compel Objection-free Production:
Objections to documents requested in a deposition notice are waived unless written objections are
served on the party noticing the deposition at least three (3) days before the deposition. CCP §
2025 .410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during}
the deposition, generally to all the requests, or specifically or any particular request, all objections are
waived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work produc
protection. CCP § 2025.460(a). Because there was no response or objection to the document requests
in the original notice, you may not object to them now either. Scottsdale Ins. Co. v. Sup.Ct. (Spyglass'
Homeowners Ass'n} (1997) 59 Cal.App. 4th 263, 273.
Defendant’s Response to Plaintiff’s Meet and Confer Efforts:
~16-
PLAINTIFF'S SEPARATE STATEMENTAs for your assertion that we have waived all objections, your position is contrary to the Code of
Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not
comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless
that party promptly serves a written objection". The errors and irregularities are further defined in
CCP Sec, 2025.220 with paragraph 4 being relevant for our purposes, which states: "The
specification with reasonable particularity of any materials or category of materials, including any
electronically store information ..." By proceeding with the deposition and not providing a written
objection, the only objection we waived was for specificity of the materials or category of materials
stated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec J
2025 460 specifies that objections to the disclosure of attorney client privilege is "made during the
deposition". Since, the objection needs to be specific, it would require you to ask a question seeking
that information. You never asked any questions regarding the documents, so the privilege is
preserved.
You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for
Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes
you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition
notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will entertain
responding to such a request.” Martin Decl. ¢ 12, Ex. K Ms. Clifford’s August 14, 2014 letter and
August 29, 2014 letter Meet and Confer Letters
Request #14
Copies of each and every ADVERTISEMENT, (or any DOCUMENT referring to or discussing said
ADVERTISEMENT) whether created by you, any other defendant, or any realtor hired by any
Defendant, for the purposes of selling the building in which subject premises is located at 1665
Hayes Street, San Francisco, CA. Specifically, Plaintiff seeks the very first such advertisement, and
DOCUMENTS showing the date of that advertisement.
Defendant’s Response:
No production, or written or oral objection to the requested documents either prior to or at the
deposition.
Plaintiff’s Meet and Confer Effort and Reason to Compel Objection-free Production:
-1-
PLAINTIFF'S SEPARATE STATEMENTObjections to documents requested in a deposition notice are waived unless written objections are
served on the party noticing the deposition at least three (3) days before the deposition. CCP §
2025 .410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during}
the deposition, generally to all the requests, or specifically or any particular request, all objections are
waived, Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product]
protection. CCP § 2025.460(a). Because there was no response or objection to the document requests
in the original notice, you may not object to them now either. Scortsdale Ins. Co. v. Sup.Ct. (Spyglass!
Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273.
Defendant’s Response to Plaintiff’s Meet and Confer Efforts:
As for your assertion that we have waived all objections, your position is contrary to the Code of
Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not
comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless
that party promptly serves a written objection". The errors and irregularities are further defined in
CCP Sec. 2025.220 with paragraph 4 being relevant for our purposes, which states: "The
specification with reasonable particularity of any materials or category of materials, including any
electronically store information ..." By proceeding with the deposition and not providing a written
objection, the only objection we waived was for specificity of the materials or category of materials
stated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec,
2025 .460 specifies that objections to the disclosure of attorney client privilege is "made during the
deposition”. Since, the objection needs to be specific, it would require you to ask a question seeking
that information. You never asked any questions regarding the documents, so the privilege is
preserved,
You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for
Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes
you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition
notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will
entertain responding to such a request.” Martin Decl. § 12, Ex. K Ms. Clifford’s August 14, 2014
letter and August 29, 2014 letter Meet and Confer Letters.
Deposition Question During Defendant Angelo Wilson’s Deposition
~18-
PLAINTIFF'S SEPARATE STATEMENTVerbatim Background in Deposition to Question to Which this Motion Pertains:
Q. You pay rent every month, correct?
A.Mm-hmm.
Q. Is that a yes?
A.Mm-hmm,
Q. Is that a yes?
A. Oh, yeah, yeah, yeah, it is a yes.
Q. You pay it by check?
A, Deposit.
Q. Excuse me?
A. Deposit.
Q. What does that mean?
A, It means | sign over some money to a bank account and it goes there,
Martin Decl. § 9, Ex. H, 28:15-25.
Verbatim Question to which this motion pertains:
Q: Which bank account?
A: I'm not telling you that.
MS. CLIFFORD: Objection. That's privacy privilege.
MR. MARTIN: Are you instructing your client not to answer the question?
MS. CLIFFORD: Not to answer the question as to the bank accounts of his mother, yes.
Martin Decl. ¢ 9, Ex. H, 29:1-10.
In-Deposition Meet and Confer Efforts:
Q. Lintend on subpoenaing the banks in [sic] which you make these deposits so that I may obtain the
address for -- that's linked to the account that you deposit these rent checks into so that I can
subpoena this bank so I can get that address so service of process can be effected. Could you please
tell me the name of the bank?
A. No, I cannot.
Q. Why?
A. Tt's her business.
Q. So you are refusing to provide that information?
A, Yeah, Lam.
~19-
PLAINTIFF'S SEPARATE STATEMENTMartin Decl. #9, Ex. H, 38:14-25. See, also:
THE DEPONENT: If she's asked me not to disclose her address to him, given that she's the object of
his lawsuit ~ /d., 30:12-15. See also:
A: I'm not at liberty to disclose that if my mother asked me not to disclose business of hers. It's my mother
asking me not to do it. If you want to ask my mother, you are entitled to do that. I don't know what her
business is... Jd. 27:79-23.
Plaintiff’s Post-Deposition Meet and Confer Process:
As you know, both Mr. Wilson and yourself have consistently declined to accept services of process
on behalf of Carrier Wilson, Erika Markham, or Shaun Markham in this matter.
As a result, we are compelled to obtained their residential addresses in other ways. One of these
ways is to subpoena the back records of Carrie Wilson and The Wilson Family Trust to uncover the
addresses associated with those various bank accounts. In his deposition, Mr. Wilson refused to
provide the name of that banking institution.
This letter requests confirmation that when volume 2 of Mr. Wilson’s depositor [sic] resumes, that
he provide substantive responses to that area of inquiry. Martin Decl. ¥ 12, Ex. K, Mr. Martin’s
August 11, 2014 Meet and Confer Letter.
Please note that you have not responded to my first meet and confer letter regarding the question I
posed to Mr. Wilson pertaining to the rent checks Mr. Wilson deposited into any bank account. Will
Mr. Wilson respond to those questions? /d., Mr. Martin’s August 12, 2014 Meet and Confer Letter.
Regarding the questions I posed to Mr. Wilson pertaining to the rent checks Mr. Wilson deposited
into any bank account--will Mr. Wilson respond to those questions without a court Order? /d., Mr.
Martin's August 14, 2014 Meet and Confer Letter.
In your various emails and letters in response to my meet and confer efforts, you addressed
only one of seven questions (see August 14 emails), in which you stated that you do not
consider Mr. Wilson's objections to the document requests waived. For some reason, you have
steadfastly refused - after 3 efforts on my part - to addressed the [sic] remain six questions I
posed.
~ 20 -
PLAINTIFF'S SEPARATE STATEMENTSpecifically, as to the deposition questions your client refused to respond to, I have repeatedly
asked for confirmation from you that those questions will be responded to in volume 2 (see
August 11, 12, 14 emails). You have ignored my requests for that confirmation. And without
that confirmation, it makes little sense to go through the time and expense of deposing
Defendant again. Martin Decl. ¥ 12, Ex, K, Mr. Martin's August 27, 2014 Meet and Confer
Leiter.
Defendant’s Response to Plaintiff’s Post-Deposition Meet and Confer Process:
Mr. Wilson cannot waive the privacy rights of persons who are not yet parties to this action,
Mr. Wilson has provided you information regarding his bank account. Id., Ms. Clifford’s
August 26, 2014 Meet and Confer Letter.
Dated: December 8, 2014
LAW OFFICES OF BENNY MARTIN
By:
Benny Martin, Esq.
Attorney for Plaintiff Phillip Garcia
~21-
PLAINTIFF'S SEPARATE STATEMENT
Preview
LAW OFFICES OF BENNY MARTIN Benjamin Martin (SBN 257452) 195 41st Street P.O. Box 11120 Oakland, CA 94611 Phone: (415) 558-1760. Email: knowyourightsinsf@ gmail.com Attorneys for Plaintiff Phil Garcia ELECTRONICALLY FILED Superior Court of California, County of San Francisco DEC 12 2014 Clerk of the Court BY: MAURA RAMIREZ Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION PHIL GARCIA, an individual, Plaintiff, VS. } Case No. CGC-14-538560 } PLAINTIFF PHIL GARCIA‘S ) SEPARATE STATEMENT OF ) DISCOVERY QUESTIONS AND ) RESPONSES IN CONTENTION IN CARRIE WILSON, in her capacity as trustee of ) SUPPORT OF HIS MOTION TO THE WILSON FAMILY TRUST, SHAUN MARKHAM, an individual, ERIKA MARKHAM, an individual, and ANGELO WILSON, an individual, and DOES 1-20. Defendants. ; COMPEL RESPONSES DEPOSITION ) DOCUMENT REQUESTS AND ) DEPOSITION QUESTIONS } Date: January 7, 2014 ) Time: 9:30 am, ) Dept: 501 } ) Pursuant to Rule 3.1345 of the California Rules of Court, Claimants submit the following Separate Statement of Discovery Questions and Responses in Contention. Plaintiff's Document Requests in Defendant Angelo Wilson’s Notice of Deposition Request #1 Copies of each and every COMMUNICATION between Defendant Angelo Wilson and Erika Markham relating to Plaintiff’s tenancy at the SUBJECT PREMISES from 2008 to the present. Defendant’s Response: No production, or written or oral objection to the requested documents either prior to or at the deposition. ~1- PLAINTIFF'S SEPARATE STATEMENTPlaintiff’s Meet and Confer Effort and Reason to Compel Objection-free Production: Objections to documents requested in a deposition notice are waived unless written objections are served on the party noticing the deposition at least three (3) days before the deposition. CCP § 2025 .410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during} the deposition, generally to all the requests, or specifically or any particular request, all objections are waived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product] protection. CCP § 2025.460(a). Because there was no response or objection to the document requests in the original notice, you may not object to them now either. Scottsdale Ins. Co. v. Sup.Ct. (Spyglass Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273. Defendant’s Response to Plaintiff's Meet and Confer Efforts: As for your assertion that we have waived all objections, your position is contrary to the Code of Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless that party promptly serves a written objection". The errors and irregularities are further defined in CCP Sec, 2025.220 with paragraph 4 being relevant for our purposes, which states: "The specification with reasonable particularity of any materials or category of materials, including any electronically store information ..." By proceeding with the deposition and not providing a written objection, the only objection we waived was for specificity of the materials or category of materials stated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec J 2025 .460 specifies that objections to the disclosure of attorney client privilege is "made during the deposition". Since, the objection needs to be specific, it would require you to ask a question seeking that information, You never asked any questions regarding the documents, so the privilege is preserved. You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition notice and issue a Request for Production of Documents pursuant to 2031210 et al., we will entertain responding to such a request.” Martin Decl. 12, Ex. K Ms. Clifford’s August 14, 2014 letter and August 29, 2014 letter Meet and Confer Letters. ~2- PLAINTIFF'S SEPARATE STATEMENTRequest #2 Copies of each and every COMMUNICATION between Defendant Angelo Wilson and Shaun Markham relating to Plaintiff's tenancy at the SUBJECT PREMISES from 2008 to the present. Defendant's Response: No production, or written or oral objection to the requested documents either prior to or at the deposition. Plaintiff’s Meet and Confer Effort and Reason to Compel Objection-free Production: Objections to documents requested in a deposition notice are waived unless written. objections are. served on the party noticing the deposition at least three (3) days before the deposition. CCP § 2025 410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during} the deposition, generally to all the requests, or specifically or any particular request, all objections are waived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product} protection, CCP § 2025 460(a). Because there was no response or objection to the document requests in the original notice, you may not object to them now either. Scortsdale Ins. Co. v. Sup.Ct. (Spyglass! Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273. Defendant’s Response to Plaintiff’s Meet and Confer Efforts: As for your assertion that we have waived all objections, your position is contrary to the Code of Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless that party promptly serves a written objection". The errors and irregularities are further defined in CCP Sec. 2025.220 with paragraph 4 being relevant for our purposes, which states: "The specification with reasonable particularity of any materials or category of materials, including any electronically store information ..." By proceeding with the deposition and not providing a written objection, the only objection we waived was for specificity of the materials or category of materials stated in the deposition notice. All other objections may be made at the deposition. In facet, CCP Sec 2025.460 specifies that objections to the disclosure of attorney client privilege is "made during the deposition". Since, the objection needs to be specific, it would require you to ask a question seeking that information. You never asked any questions regarding the documents, so the privilege is preserved. ~3- PLAINTIFF'S SEPARATE STATEMENTYou have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will entertain responding to such a request.” Martin Deel. § 12, Ex. K Ms, Clifford’s August 14, 2014 letter and August 29, 2014 letter Meet and Confer Letters Request #3 Copies of each and every COMMUNICATION between Defendant Angelo Wilson and Carrie Wilson relating to Plaintiff's tenancy at the SUBJECT PREMISES from 2008 to the present. Defendant’s Response: No production, or written or oral objection to the requested documents either prior to or at the deposition, Plaintiff's Meet and Confer Effort and Reason to Compel Objection-free Production: Objections to documents requested in a deposition notice are waived unless written. objections are. served on the party noticing the deposition at least three (3) days before the deposition. CCP § 2025.410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during} the deposition, generally to all the requests, or specifically or any particular request, all objections are waived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product protection. CCP § 2025 .460(a). Because there was no response or objection to the document requests in the original notice, you may not object to them now either. Scortsdale Ins. Co. v. Sup.Ct. (Spyglass| Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273. Defendant’s Response to Plaintiff’s Meet and Confer Efforts: As for your assertion that we have waived all objections, your position is contrary to the Code of Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless that party promptly serves a written objection". The errors and irregularities are further defined in CCP Sec, 2025.220 with paragraph 4 being relevant for our purposes, which states: "The specification with reasonable particularity of any materials or category of materials, including any electronically store information ..."_ By proceeding with the deposition and not providing a written objection, the only objection we waived was for specificity of the materials or category of materials ~ Ae PLAINTIFF'S SEPARATE STATEMENTstated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec J 2025 460 specifies that objections to the disclosure of attorney client privilege is "made during the deposition”. Since, the objection needs to be specific, it would require you to ask a question seeking that information. You never asked any questions regarding the documents, so the privilege is preserved, You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will entertain responding to such a request.” Martin Decl. { 12, Ex. K Ms. Clifford’s August 14, 2014 letter and August 29, 2014 letter Meet and Confer Letters Request #4 Copies of each and every COMMUNICATION between Defendant Angelo Wilson and any person relating to the unlawful detainer action brought in San Francisco Superior Court, Wilson v. Garcia, CUD-13- 645240. Defendant’s Response: No production, or written or oral objection to the requested documents either prior to or at the deposition. Plaintiff’s Meet and Confer Effort and Reason to Compel Objection-free Production: Objections to documents requested in a deposition notice are waived unless written objections are served on the party noticing the deposition at least three (3) days before the deposition. CCP § 2025 410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during| the deposition, generally to all the requests, or specifically or any particular request, all objections are waived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product] protection. CCP § 2025.460(a). Because there was no response or objection to the document requests in the original notice, you may not object to them now either. Scottsdale Ins. Co. v. Sup.Ct. (Spyglass| Homeowners Ass'n) (1997) 59 Cal .App. 4th 263, 273. Defendant’s Response to Plaintiff’s Meet and Confer Efforts: As for your assertion that we have waived all objections, your position is contrary to the Code of Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not ~5- PLAINTIFF'S SEPARATE STATEMENTcomply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless that party promptly serves a written objection". The errors and irregularities are further defined in CCP Sec. 2025.220 with paragraph 4 being relevant for our purposes, which states: "The specification with reasonable particularity of any materials or category of materials, including any electronically store information ..." By proceeding with the deposition and not providing a written objection, the only objection we waived was for specificity of the materials or category of materials stated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec J 2025 460 specifies that objections to the disclosure of attorney client privilege is "made during the deposition’. Since, the objection needs to be specific, it would require you to ask a question seeking that information. You never asked any questions regarding the documents, so the privilege is preserved. You have confused CCP 2025 210 et al with CCP 2031.210 et al. You have not served a Request for Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will entertain responding to such a request.” Martin Decl. § 12, Ex. K Ms. Cliffard’s August 14, 2014 letter and August 29, 2014 letter Meet and Confer Letters Request #5. Copies of each and every COMMUNICATION between Defendant Angelo Wilson and any person relating to the collection of audio or video documentation of Mr. Garcia or Mr. Garcia’s home at the SUBJECT PREMISES. Defendant’s Response: No production, or written or oral objection to the requested documents either prior to or at the deposition. Plaintiff's Meet and Confer Effort and Reason to Compel Objection-free Production: Objections to documents requested in a deposition notice are waived unless written objections are served on the party noticing the deposition at least three (3) days before the deposition. CCP § 2025 410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during} the deposition, generally to all the requests, or specifically or any particular request, all objections are ~6- PLAINTIFF'S SEPARATE STATEMENTwaived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product] protection. CCP § 2025.460(a). Because there was no response or objection to the document requests in the original notice, you may not object to them now either. Scottsdale Ins. Co. v. Sup.Ct. (Spyglass! Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273. Defendant’s Response to Plaintiff’s Meet and Confer Efforts: As for your assertion that we have waived all objections, your position is contrary to the Code of Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025 .210) waives any error or irregularity unless that party promptly serves a written objection". The errors and irregularities are further defined in CCP Sec. 2025.220 with paragraph 4 being relevant for our purposes, which states: "The specification with reasonable particularity of any materials or category of materials, including any electronically store information ..." By proceeding with the deposition and not providing a written objection, the only objection we waived was for specificity of the materials or category of materials stated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec J 2025 460 specifies that objections to the disclosure of attorney client privilege is "made during the deposition”. Since, the objection needs to be specific, it would require you to ask a question seeking that information. You never asked any questions regarding the documents, so the privilege is preserved. You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will entertain responding to such a request.” Martin Decl. § 12, Ex. K Ms. Cliffard’s August 14, 2014 letter and August 29, 2014 letter Meet and Confer Letters Request #6 Copies of each and every audio and video recording of Mr. Garcia or Mr. Garcia’s home at the SUBJECT PREMISES. Defendant’s Response: ~7- PLAINTIFF'S SEPARATE STATEMENTNo production, or written or oral objection to the requested documents either prior to or at the deposition. Plaintiff's Meet and Confer Effort and Reason to Compel Objection-free Production: Objections to documents requested in a deposition notice are waived unless written objections are served on the party noticing the deposition at least three (3) days before the deposition. CCP § 2025 410(a), (b). By failing to object either prior to the deposition under C.C-P. § 2025.410, or during} the deposition, generally to all the requests, or specifically or any particular request, all objections are waived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product protection. CCP § 2025.460(a). Because there was no response or objection to the document requests in the original notice, you may not object to them now either. Scottsdale Ins. Co. v. Sup.Ct. (Spyglass Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273. Defendant’s Response to Plaintiff’s Meet and Confer Efforts: As for your assertion that we have waived all objections, your position is contrary to the Code of Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless that party promptly serves a written objection". The errors and irregularities are further defined in CCP Sec. 2025.220 with paragraph 4 being relevant for our purposes, which states: "The specification with reasonable particularity of any materials or category of materials, including any electronically store information ..." By proceeding with the deposition and not providing a written objection, the only objection we waived was for specificity of the materials or category of materials stated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec, 2025 460 specifies that objections to the disclosure of attorney client privilege is "made during the deposition”. Since, the objection needs to be specific, it would require you to ask a question seeking that information. You never asked any questions regarding the documents, so the privilege is preserved. You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition notice and issue a Request for Production of Documents pursuant to 2031210 et al., we will entertain ~ Be PLAINTIFF'S SEPARATE STATEMENTresponding to such a request.” Martin Decl. { 12, Ex. K Ms. Clifford’s August 14, 2014 letter and August 29, 2014 letter Meet and Confer Letters Copies of each and every audio and video recording of Mr. Garcia or Mr. Garcia’s home at the SUBJECT PREMISES. Request #7, Copies of each and every COMMUNICATION between Defendant Angelo Wilson and any person relating to the current address, and telephone number of each Defendant in this action. Defendant’s Response: No production, or written or oral objection to the requested documents either prior to or at the deposition. Plaintiff's Meet and Confer Effort and Reason to Compel Objection-free Production: Objections to documents requested in a deposition notice are waived unless written objections are served on the party noticing the deposition at least three (3) days before the deposition, CCP § 2025 .410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during} the deposition, generally to all the requests, or specifically or any particular request, all objections are: waived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product} protection. CCP § 2025.460(a). Because there was no response or objection to the document requests in the original notice, you may not object to them now either. Scottsdale Ins. Co. v. Sup.Ct. (Spyglass| Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273. Defendant’s Response to Plaintiff’s Meet and Confer Efforts: As for your assertion that we have waived all objections, your position is contrary to the Code of Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless that party promptly serves a written objection". The errors and irregularities are further defined in CCP Sec. 2025.220 with paragraph 4 being relevant for our purposes, which states: "The specification with reasonable particularity of any materials or category of materials, including any electronically store information ..." By proceeding with the deposition and not providing a written objection, the only objection we waived was for specificity of the materials or category of materials stated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec j 2025 460 specifies that objections to the disclosure of attorney client privilege is "made during the deposition". Since, the objection needs to be specific, it would require you to ask a question seeking ~g- PLAINTIFF'S SEPARATE STATEMENTthat information. You never asked any questions regarding the documents, so the privilege is preserved. You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will entertain responding to such a request.” Martin Decl. § 12, Ex. K Ms. Clifford’s August 14, 2014 letter and August 29, 2014 letter Meet and Confer Letters Copies of each and every COMMUNICATION between Defendant Angelo Wilson and any person relating to the current address, and telephone number of each Defendant in this action. Copies of each and every DOCUMENT in Defendant Angelo Wilson’s possession showing the current address, and telephone number of each Defendant in this action, Defendant’s Response: No production, or written or oral objection to the requested documents either prior to or at the deposition. Plaintiff's Meet and Confer Effort and Reason to Compel Objection-free Production: Objections to documents requested in a deposition notice are waived unless written objections are served on the party noticing the deposition at least three (3) days before the deposition. CCP § 2025 410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during} the deposition, generally to all the requests, or specifically or any particular request, all objections are waived. Ev.C. § 912(a). This specifically inchudes claims of attorney-client privilege or work product} protection. CCP § 2025.460(a). Because there was no response or objection to the document requests. in the original notice, you may not object to them now either. Scottsdale Ins. Co. v. Sup.Ct. (Spyglass Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273. Defendant’s Response to Plaintiff’s Meet and Confer Efforts: As for your assertion that we have waived all objections, your position is contrary to the Code of Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not: comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless ~10- PLAINTIFF'S SEPARATE STATEMENTthat party promptly serves a written objection". The errors and irregularities are further defined in CCP Sec. 2025.220 with paragraph 4 being relevant for our purposes, which states: "The specification with reasonable particularity of any materials or category of materials, including any electronically store information ..." By proceeding with the deposition and not providing a written objection, the only objection we waived was for specificity of the materials or category of materials stated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec, 2025 460 specifies that objections to the disclosure of attorney client privilege is "made during the deposition". Since, the objection needs to be specific, it would require you to ask a question seeking that information. You never asked any questions regarding the documents, so the privilege is preserved. You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will entertain responding to such a request.” Martin Decl. { 12, Ex. K Ms. Clifford’s August 14, 2014 letter and August 29, 2014 letter Meet and Confer Letters Request #9 Copies of each and every DOCUMENT in Defendant Angelo Wilson’s possession relating to or outlining his property management duties at the SUBJECT PREMISES at any time during Mr. Garcia’s tenancy. Defendant’s Response: No production, or written or oral objection to the requested documents either prior to or at the deposition. Plaintiff's Meet and Confer Effort and Reason to Compel Objection-free Production: Objections to documents requested in a deposition notice are waived unless written objections are served on the party noticing the deposition at least three (3) days before the deposition. CCP § 2025 .410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during} the deposition, generally to all the requests, or specifically or any particular request, all objections are waived, Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product} -~ll- PLAINTIFF'S SEPARATE STATEMENTprotection. CCP § 2025 460(a). Because there was no response or objection to the document requests in the original notice, you may not object to them now either. Scottsdale Ins. Co. v. Sup.Ct. (Spygtass| Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273. Defendant’s Response to Plaintiff’s Meet and Confer Efforts: As for your assertion that we have waived all objections, your position is contrary to the Code of Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless that party promptly serves a written objection". The errors and irregularities are further defined in CCP Sec. 2025.220 with paragraph 4 being relevant for our purposes, which states: "The specification with reasonable particularity of any materials or category of materials, including any electronically store information ..." By proceeding with the deposition and not providing a written objection, the only objection we waived was for specificity of the materials or category of materials stated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec | 2025 460 specifies that objections to the disclosure of attorney client privilege is "made during the deposition”, Since, the objection needs to be specific, it would require you to ask a question seeking that information. You never asked any questions regarding the documents, so the privilege is preserved. You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will entertain responding to such a request.” Martin Decl. { 12, Ex. K Ms. Clifford’s August 14, 2014 letter and August 29, 2014 letter Meet and Confer Letters Request #10 Copies of each and every DOCUMENT in Defendant Angelo Wilson’s possession relating to the deposit or any rent paid by Mr. Garcia into any bank account. Defendant’s Response: No production, or written or oral objection to the requested documents either prior to or at the deposition. ~12- PLAINTIFF'S SEPARATE STATEMENTPlaintiff’s Meet and Confer Effort and Reason to Compel Objection-free Production: Objections to documents requested in a deposition notice are waived unless written objections are served on the party noticing the deposition at least three (3) days before the deposition. CCP § 2025 .410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during} the deposition, generally to all the requests, or specifically or any particular request, all objections are waived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product] protection. CCP § 2025.460(a). Because there was no response or objection to the document requests in the original notice, you may not object to them now either. Scottsdale Ins. Co. v. Sup.Ct. (Spyglass Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273. Defendant’s Response to Plaintiff's Meet and Confer Efforts: As for your assertion that we have waived all objections, your position is contrary to the Code of Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless that party promptly serves a written objection". The errors and irregularities are further defined in CCP Sec, 2025.220 with paragraph 4 being relevant for our purposes, which states: "The specification with reasonable particularity of any materials or category of materials, including any electronically store information ..." By proceeding with the deposition and not providing a written objection, the only objection we waived was for specificity of the materials or category of materials stated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec J 2025 .460 specifies that objections to the disclosure of attorney client privilege is "made during the deposition". Since, the objection needs to be specific, it would require you to ask a question seeking that information, You never asked any questions regarding the documents, so the privilege is preserved. You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition notice and issue a Request for Production of Documents pursuant to 2031210 et al., we will entertain responding to such a request.” Martin Decl. 12, Ex. K Ms. Clifford’s August 14, 2014 letter and August 29, 2014 letter Meet and Confer Letters -~13- PLAINTIFF'S SEPARATE STATEMENTRequest #11. Copies of each and every DOCUMENT in Defendant Angelo Wilson’s possession relating to any monies he received from Carrie Wilson or The Wilson Family Trust. Defendant's Response: No production, or written or oral objection to the requested documents either prior to or at the deposition. Plaintiff’s Meet and Confer Effort and Reason to Compel Objection-free Production: Objections to documents requested in a deposition notice are waived unless written. objections are. served on the party noticing the deposition at least three (3) days before the deposition. CCP § 2025 410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during} the deposition, generally to all the requests, or specifically or any particular request, all objections are waived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product} protection, CCP § 2025 460(a). Because there was no response or objection to the document requests in the original notice, you may not object to them now either. Scortsdale Ins. Co. v. Sup.Ct. (Spyglass! Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273. Defendant’s Response to Plaintiff’s Meet and Confer Efforts: As for your assertion that we have waived all objections, your position is contrary to the Code of Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless that party promptly serves a written objection". The errors and irregularities are further defined in CCP Sec. 2025.220 with paragraph 4 being relevant for our purposes, which states: "The specification with reasonable particularity of any materials or category of materials, including any electronically store information ..." By proceeding with the deposition and not providing a written objection, the only objection we waived was for specificity of the materials or category of materials stated in the deposition notice. All other objections may be made at the deposition. In facet, CCP Sec 2025.460 specifies that objections to the disclosure of attorney client privilege is "made during the deposition". Since, the objection needs to be specific, it would require you to ask a question seeking that information. You never asked any questions regarding the documents, so the privilege is preserved. -~1u4- PLAINTIFF'S SEPARATE STATEMENTYou have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will entertain responding to such a request.” Martin Deel. § 12, Ex. K Ms, Clifford’s August 14, 2014 letter and August 29, 2014 letter Meet and Confer Letters Request #12 Copies of each and every DOCUMENT or COMMUNICATION in Defendant Angelo Wilson’s possession relating to any rent check not deposited or cashed. Defendant’s Response: No production, or written or oral objection to the requested documents either prior to or at the deposition, Plaintiff's Meet and Confer Effort and Reason to Compel Objection-free Production: Objections to documents requested in a deposition notice are waived unless written. objections are. served on the party noticing the deposition at least three (3) days before the deposition. CCP § 2025.410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during} the deposition, generally to all the requests, or specifically or any particular request, all objections are waived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product protection. CCP § 2025 .460(a). Because there was no response or objection to the document requests in the original notice, you may not object to them now either. Scortsdale Ins. Co. v. Sup.Ct. (Spyglass| Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273. Defendant’s Response to Plaintiff’s Meet and Confer Efforts: As for your assertion that we have waived all objections, your position is contrary to the Code of Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless that party promptly serves a written objection". The errors and irregularities are further defined in CCP Sec, 2025.220 with paragraph 4 being relevant for our purposes, which states: "The specification with reasonable particularity of any materials or category of materials, including any electronically store information ..."_ By proceeding with the deposition and not providing a written objection, the only objection we waived was for specificity of the materials or category of materials -~15- PLAINTIFF'S SEPARATE STATEMENTstated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec | 2025 460 specifies that objections to the disclosure of attorney client privilege is "made during the deposition”. Since, the objection needs to be specific, it would require you to ask a question seeking that information. You never asked any questions regarding the documents, so the privilege is preserved, You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will entertain responding to such a request.” Martin Decl. § 12, Ex. K Ms. Clifford’s August 14, 2014 letter and August 29, 2014 letter Meet and Confer Letters Request #13 Copies of each and every DOCUMENT referring to or describing any COMMUNICATION relating to any noise complaint about Defendant Shaun Markham any point Shaun Markham lived at the SUBJECT PREMISES. Defendant’s Response: No production, or written or oral objection to the requested documents either prior to or at the deposition. Plaintiff's Meet and Confer Effort and Reason to Compel Objection-free Production: Objections to documents requested in a deposition notice are waived unless written objections are served on the party noticing the deposition at least three (3) days before the deposition. CCP § 2025 .410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during} the deposition, generally to all the requests, or specifically or any particular request, all objections are waived. Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work produc protection. CCP § 2025.460(a). Because there was no response or objection to the document requests in the original notice, you may not object to them now either. Scottsdale Ins. Co. v. Sup.Ct. (Spyglass' Homeowners Ass'n} (1997) 59 Cal.App. 4th 263, 273. Defendant’s Response to Plaintiff’s Meet and Confer Efforts: ~16- PLAINTIFF'S SEPARATE STATEMENTAs for your assertion that we have waived all objections, your position is contrary to the Code of Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless that party promptly serves a written objection". The errors and irregularities are further defined in CCP Sec, 2025.220 with paragraph 4 being relevant for our purposes, which states: "The specification with reasonable particularity of any materials or category of materials, including any electronically store information ..." By proceeding with the deposition and not providing a written objection, the only objection we waived was for specificity of the materials or category of materials stated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec J 2025 460 specifies that objections to the disclosure of attorney client privilege is "made during the deposition". Since, the objection needs to be specific, it would require you to ask a question seeking that information. You never asked any questions regarding the documents, so the privilege is preserved. You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will entertain responding to such a request.” Martin Decl. ¢ 12, Ex. K Ms. Clifford’s August 14, 2014 letter and August 29, 2014 letter Meet and Confer Letters Request #14 Copies of each and every ADVERTISEMENT, (or any DOCUMENT referring to or discussing said ADVERTISEMENT) whether created by you, any other defendant, or any realtor hired by any Defendant, for the purposes of selling the building in which subject premises is located at 1665 Hayes Street, San Francisco, CA. Specifically, Plaintiff seeks the very first such advertisement, and DOCUMENTS showing the date of that advertisement. Defendant’s Response: No production, or written or oral objection to the requested documents either prior to or at the deposition. Plaintiff’s Meet and Confer Effort and Reason to Compel Objection-free Production: -1- PLAINTIFF'S SEPARATE STATEMENTObjections to documents requested in a deposition notice are waived unless written objections are served on the party noticing the deposition at least three (3) days before the deposition. CCP § 2025 .410(a), (b). By failing to object either prior to the deposition under C.C.P. § 2025.410, or during} the deposition, generally to all the requests, or specifically or any particular request, all objections are waived, Ev.C. § 912(a). This specifically includes claims of attorney-client privilege or work product] protection. CCP § 2025.460(a). Because there was no response or objection to the document requests in the original notice, you may not object to them now either. Scortsdale Ins. Co. v. Sup.Ct. (Spyglass! Homeowners Ass'n) (1997) 59 Cal.App. 4th 263, 273. Defendant’s Response to Plaintiff’s Meet and Confer Efforts: As for your assertion that we have waived all objections, your position is contrary to the Code of Civil Procedure Sec. 2025.410 which states, "Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless that party promptly serves a written objection". The errors and irregularities are further defined in CCP Sec. 2025.220 with paragraph 4 being relevant for our purposes, which states: "The specification with reasonable particularity of any materials or category of materials, including any electronically store information ..." By proceeding with the deposition and not providing a written objection, the only objection we waived was for specificity of the materials or category of materials stated in the deposition notice. All other objections may be made at the deposition. In fact, CCP Sec, 2025 .460 specifies that objections to the disclosure of attorney client privilege is "made during the deposition”. Since, the objection needs to be specific, it would require you to ask a question seeking that information. You never asked any questions regarding the documents, so the privilege is preserved, You have confused CCP 2025.210 et al with CCP 2031.210 et al. You have not served a Request for Production of Documents pursuant to CCP 2031.230. So, the case law that you cite and the statutes you refer to are inapplicable to the Deposition Notice. If you care to withdraw your deposition notice and issue a Request for Production of Documents pursuant to 2031.210 et al., we will entertain responding to such a request.” Martin Decl. § 12, Ex. K Ms. Clifford’s August 14, 2014 letter and August 29, 2014 letter Meet and Confer Letters. Deposition Question During Defendant Angelo Wilson’s Deposition ~18- PLAINTIFF'S SEPARATE STATEMENTVerbatim Background in Deposition to Question to Which this Motion Pertains: Q. You pay rent every month, correct? A.Mm-hmm. Q. Is that a yes? A.Mm-hmm, Q. Is that a yes? A. Oh, yeah, yeah, yeah, it is a yes. Q. You pay it by check? A, Deposit. Q. Excuse me? A. Deposit. Q. What does that mean? A, It means | sign over some money to a bank account and it goes there, Martin Decl. § 9, Ex. H, 28:15-25. Verbatim Question to which this motion pertains: Q: Which bank account? A: I'm not telling you that. MS. CLIFFORD: Objection. That's privacy privilege. MR. MARTIN: Are you instructing your client not to answer the question? MS. CLIFFORD: Not to answer the question as to the bank accounts of his mother, yes. Martin Decl. ¢ 9, Ex. H, 29:1-10. In-Deposition Meet and Confer Efforts: Q. Lintend on subpoenaing the banks in [sic] which you make these deposits so that I may obtain the address for -- that's linked to the account that you deposit these rent checks into so that I can subpoena this bank so I can get that address so service of process can be effected. Could you please tell me the name of the bank? A. No, I cannot. Q. Why? A. Tt's her business. Q. So you are refusing to provide that information? A, Yeah, Lam. ~19- PLAINTIFF'S SEPARATE STATEMENTMartin Decl. #9, Ex. H, 38:14-25. See, also: THE DEPONENT: If she's asked me not to disclose her address to him, given that she's the object of his lawsuit ~ /d., 30:12-15. See also: A: I'm not at liberty to disclose that if my mother asked me not to disclose business of hers. It's my mother asking me not to do it. If you want to ask my mother, you are entitled to do that. I don't know what her business is... Jd. 27:79-23. Plaintiff’s Post-Deposition Meet and Confer Process: As you know, both Mr. Wilson and yourself have consistently declined to accept services of process on behalf of Carrier Wilson, Erika Markham, or Shaun Markham in this matter. As a result, we are compelled to obtained their residential addresses in other ways. One of these ways is to subpoena the back records of Carrie Wilson and The Wilson Family Trust to uncover the addresses associated with those various bank accounts. In his deposition, Mr. Wilson refused to provide the name of that banking institution. This letter requests confirmation that when volume 2 of Mr. Wilson’s depositor [sic] resumes, that he provide substantive responses to that area of inquiry. Martin Decl. ¥ 12, Ex. K, Mr. Martin’s August 11, 2014 Meet and Confer Letter. Please note that you have not responded to my first meet and confer letter regarding the question I posed to Mr. Wilson pertaining to the rent checks Mr. Wilson deposited into any bank account. Will Mr. Wilson respond to those questions? /d., Mr. Martin’s August 12, 2014 Meet and Confer Letter. Regarding the questions I posed to Mr. Wilson pertaining to the rent checks Mr. Wilson deposited into any bank account--will Mr. Wilson respond to those questions without a court Order? /d., Mr. Martin's August 14, 2014 Meet and Confer Letter. In your various emails and letters in response to my meet and confer efforts, you addressed only one of seven questions (see August 14 emails), in which you stated that you do not consider Mr. Wilson's objections to the document requests waived. For some reason, you have steadfastly refused - after 3 efforts on my part - to addressed the [sic] remain six questions I posed. ~ 20 - PLAINTIFF'S SEPARATE STATEMENTSpecifically, as to the deposition questions your client refused to respond to, I have repeatedly asked for confirmation from you that those questions will be responded to in volume 2 (see August 11, 12, 14 emails). You have ignored my requests for that confirmation. And without that confirmation, it makes little sense to go through the time and expense of deposing Defendant again. Martin Decl. ¥ 12, Ex, K, Mr. Martin's August 27, 2014 Meet and Confer Leiter. Defendant’s Response to Plaintiff’s Post-Deposition Meet and Confer Process: Mr. Wilson cannot waive the privacy rights of persons who are not yet parties to this action, Mr. Wilson has provided you information regarding his bank account. Id., Ms. Clifford’s August 26, 2014 Meet and Confer Letter. Dated: December 8, 2014 LAW OFFICES OF BENNY MARTIN By: Benny Martin, Esq. Attorney for Plaintiff Phillip Garcia ~21- PLAINTIFF'S SEPARATE STATEMENT