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BRIAN K. CUTTONE (SBN 201 314) E-FILED
CUTTONE & ASSOCIATES 11/6/2019 12:50 PM
5380 N. Fresno Street, Suite 102 Superior Court of California
Fresno, California 937] 0 County of Fresno
Telephone: 559.228.8490 By: A. Rodriguez, Deputy
Facsimile: 559.421.1991
\OOONQUI#UJN—I
Attorneys for GURPAUL SIDHU
SUPERIOR COURT OF CALIFORNIA
COUNTY OF FRESNO
GURPAUL SIDHU, an individual, Case No.: 19CECG00795
Plaintiff, NOTICE OF MOTION AND MOTION
TO DEEM FACTS ADMITTED AND
v. FOR SANCTIONS
SANJEEVINDER S. SIDHU, an
individual; CARMINA GARZA, an Date: February 5, 2020
individual; and DOES 1through 10, Time: 3:30 p.m.
inclusive, Dept.: 502
Judge: Honorable Alan Simpson
Defendants.
Complaint Filed: March 4, 2019
vvvvvvvvvvvvvVVVVVVVVVVVVVVV
GURPAUL SIDHU, an individual, Case No. 18CECL12491
Plaintiff,
NNNNNNNNNHHHHH-H_H
OOVQMAWN~O©OONQM$WNWO
v.
SANJEEVINDER S. SIDHU, an
individual; CARMINA GARZA, an
individual; and DOES 1 through 10,
inclusive,
Defendants. Complaint Filed: December 6, 2018
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
NOTICE IS HEREBY GIVEN that on February 5, 2020 at 3:30 p.m., or as soon
thereafter as this matter may be heard in Department 502 of the above-referenced Court,
located at 1130 “O” Street, Fresno, California, Plaintiff GURPAUL SIDHU (“Plaintiff") will
Notice of Motion and Motion to Deem Facts Admitted and for Sanctions
move, pursuant t0 California Code of Civil Procedure sections 2033.250 and 2033.280, this
Court for an order deeming as admitted facts contained in Requests for Admission, Set Two
(2) (the “RFAs”), waiving all Defendant SANJEEVINDER S. SIDI-IU’s (“Defendant”)
potential objections to the RFAs, and for monetary sanctions against Defendant, his counsel,
and/or both.
This motion will be made upon the following grounds:
1. Defendant was properly served with RFAs on August 21 ,
20] 9.
2. Defendant failed t0 provide responses 0f any kind t0 Plaintiff’s RFAS as 0f
September 25, 2019.
10 3. As a result 0f Defendant’s failure to provide responses t0 the RFAS, Plaintiff
11 has incurred legal costs and attorney’s fees to bring this Motion to Deem Facts Admitted.
12 Furthermore, upon filing of this motion, Plaintiffs are entitled to monetary sanctions
13 against Defendant, his counsel, and/or both regardless of whether tardy responses are
14 provided. (Cal. Code Civ. Proc. §2033.280(c).)
15 This motion is based on this Notice 0f Motion and Motion to Decm Facts Admitted
16 and For Monetary Sanctions; the Memorandum of Points and Authorities in Support thereof;
17 the Declaration 0f Brian K. Cuttone; and upon all documents 0n file herein and such oral and
18 documentary evidence that may be presented.
l9
Dated: November 5,2019 Respectfully submitted,
20
CUTTONE & ASSOCIATES
21
22
23 BRIAN K. CUTTONE, Attorney for
GURPAUL SIDHU
24
25
26
28
2
Notice ofMotion and Motion to Deem Facts Admitted and for Sanctions
PROOF OF SERVICE
STATE OF CALIFORNIA )
) ss.
COUNTY OF FRESNO )
lam employed in the County of Fresno, State ofCalifornia. l am over the age of 18 and not a party to
the within action;my business address is 5380 N. Fresno Street, Suite102, Fresno, California 93710.
On November 5, 20 9,
I lserved the foregoing documents(s) described as
NOTICE OF MOTION AND MOTION T0 DEEM FACTS ADMITTED AND FOR
SANCTIONS
on the interested parties
in thisaction by placing
(X) a true copy or( )the original thereofenclosed in a sealed envelope addressed as follows:
(X) (BY MAIL) Iam readily familiar with the firm's practice of collection and processing correspondence
10 for mailing. Under that practiceitwould be deposited with the U.S. Postal Service on that same day
with postage thereon fully prepaid at Fresno, California,in the ordinary course ofbusiness. lam aware
that on motion ofthe party served, service is presumed invalid ifthe postal cancellation date or postage
11
meter date is more than one day after the date ofdeposit for mailing in this affidavit.
12 ' Bruce A. Neilson, Esquire/7108 North Fresno Street, Suite 410/Fresno, CA 93720
13
( ) BY E-MAIL OR ELECTRONIC TRANSMISSION: lcaused a copy ofthe documents t0 be sent from
email address rstasio@cuttonelaw.com to the persons at the e-mail addresses listedbelow. I did not
14
receive, within a reasonable time after the transmission, any electronicmessage or other indication that
the transmission was unsuccessful.
15
( ) (BY PERSONAL SERVICE) Icaused such envelope to be delivered by hand t0:
16
° Bruce A. Neilson, Esquire/7108 North Fresno Street, Suite 410/F1'esno, CA 93720
17
( ) (BY FACSIMILE) I faxed such document pursuant to Rule 2008, California Rules of Court. The
18 facsimile machine I used complied with Rule 2003, California Rules of Court, and no error was
reported by the machine. Pursuant to Rule 2008(6), California Rules of Court, the machine printed a
19 transmission record of the transmission, a copy of which isattached to this declaration.The name and
facsimile telephone number ofthe person(s) served isas follows:
(X) (STATE) I declare under penalty of perjury under the laws ofthe State of California
21 that the foregoing istrue and correct.
22 ( ) (FEDERAL) l declare thatlam employed in theoffice ofa member ofthe bar ofthis
court atwhose direction the servicewas made.
23
Executed 0n November 5, 2019, at Fresno, California.
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25
Rebecca Stasio
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27
28
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Notice ofMotion and Motion to Deem Facts Admitted and for Sanctions
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BRIAN K. CUTTONE (SBN 201 314) E-FILED CUTTONE & ASSOCIATES 11/6/2019 12:50 PM 5380 N. Fresno Street, Suite 102 Superior Court of California Fresno, California 937] 0 County of Fresno Telephone: 559.228.8490 By: A. Rodriguez, Deputy Facsimile: 559.421.1991 \OOONQUI#UJN—I Attorneys for GURPAUL SIDHU SUPERIOR COURT OF CALIFORNIA COUNTY OF FRESNO GURPAUL SIDHU, an individual, Case No.: 19CECG00795 Plaintiff, NOTICE OF MOTION AND MOTION TO DEEM FACTS ADMITTED AND v. FOR SANCTIONS SANJEEVINDER S. SIDHU, an individual; CARMINA GARZA, an Date: February 5, 2020 individual; and DOES 1through 10, Time: 3:30 p.m. inclusive, Dept.: 502 Judge: Honorable Alan Simpson Defendants. Complaint Filed: March 4, 2019 vvvvvvvvvvvvvVVVVVVVVVVVVVVV GURPAUL SIDHU, an individual, Case No. 18CECL12491 Plaintiff, NNNNNNNNNHHHHH-H_H OOVQMAWN~O©OONQM$WNWO v. SANJEEVINDER S. SIDHU, an individual; CARMINA GARZA, an individual; and DOES 1 through 10, inclusive, Defendants. Complaint Filed: December 6, 2018 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: NOTICE IS HEREBY GIVEN that on February 5, 2020 at 3:30 p.m., or as soon thereafter as this matter may be heard in Department 502 of the above-referenced Court, located at 1130 “O” Street, Fresno, California, Plaintiff GURPAUL SIDHU (“Plaintiff") will Notice of Motion and Motion to Deem Facts Admitted and for Sanctions move, pursuant t0 California Code of Civil Procedure sections 2033.250 and 2033.280, this Court for an order deeming as admitted facts contained in Requests for Admission, Set Two (2) (the “RFAs”), waiving all Defendant SANJEEVINDER S. SIDI-IU’s (“Defendant”) potential objections to the RFAs, and for monetary sanctions against Defendant, his counsel, and/or both. This motion will be made upon the following grounds: 1. Defendant was properly served with RFAs on August 21 , 20] 9. 2. Defendant failed t0 provide responses 0f any kind t0 Plaintiff’s RFAS as 0f September 25, 2019. 10 3. As a result 0f Defendant’s failure to provide responses t0 the RFAS, Plaintiff 11 has incurred legal costs and attorney’s fees to bring this Motion to Deem Facts Admitted. 12 Furthermore, upon filing of this motion, Plaintiffs are entitled to monetary sanctions 13 against Defendant, his counsel, and/or both regardless of whether tardy responses are 14 provided. (Cal. Code Civ. Proc. §2033.280(c).) 15 This motion is based on this Notice 0f Motion and Motion to Decm Facts Admitted 16 and For Monetary Sanctions; the Memorandum of Points and Authorities in Support thereof; 17 the Declaration 0f Brian K. Cuttone; and upon all documents 0n file herein and such oral and 18 documentary evidence that may be presented. l9 Dated: November 5,2019 Respectfully submitted, 20 CUTTONE & ASSOCIATES 21 22 23 BRIAN K. CUTTONE, Attorney for GURPAUL SIDHU 24 25 26 28 2 Notice ofMotion and Motion to Deem Facts Admitted and for Sanctions PROOF OF SERVICE STATE OF CALIFORNIA ) ) ss. COUNTY OF FRESNO ) lam employed in the County of Fresno, State ofCalifornia. l am over the age of 18 and not a party to the within action;my business address is 5380 N. Fresno Street, Suite102, Fresno, California 93710. On November 5, 20 9, I lserved the foregoing documents(s) described as NOTICE OF MOTION AND MOTION T0 DEEM FACTS ADMITTED AND FOR SANCTIONS on the interested parties in thisaction by placing (X) a true copy or( )the original thereofenclosed in a sealed envelope addressed as follows: (X) (BY MAIL) Iam readily familiar with the firm's practice of collection and processing correspondence 10 for mailing. Under that practiceitwould be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Fresno, California,in the ordinary course ofbusiness. lam aware that on motion ofthe party served, service is presumed invalid ifthe postal cancellation date or postage 11 meter date is more than one day after the date ofdeposit for mailing in this affidavit. 12 ' Bruce A. Neilson, Esquire/7108 North Fresno Street, Suite 410/Fresno, CA 93720 13 ( ) BY E-MAIL OR ELECTRONIC TRANSMISSION: lcaused a copy ofthe documents t0 be sent from email address rstasio@cuttonelaw.com to the persons at the e-mail addresses listedbelow. I did not 14 receive, within a reasonable time after the transmission, any electronicmessage or other indication that the transmission was unsuccessful. 15 ( ) (BY PERSONAL SERVICE) Icaused such envelope to be delivered by hand t0: 16 ° Bruce A. Neilson, Esquire/7108 North Fresno Street, Suite 410/F1'esno, CA 93720 17 ( ) (BY FACSIMILE) I faxed such document pursuant to Rule 2008, California Rules of Court. The 18 facsimile machine I used complied with Rule 2003, California Rules of Court, and no error was reported by the machine. Pursuant to Rule 2008(6), California Rules of Court, the machine printed a 19 transmission record of the transmission, a copy of which isattached to this declaration.The name and facsimile telephone number ofthe person(s) served isas follows: (X) (STATE) I declare under penalty of perjury under the laws ofthe State of California 21 that the foregoing istrue and correct. 22 ( ) (FEDERAL) l declare thatlam employed in theoffice ofa member ofthe bar ofthis court atwhose direction the servicewas made. 23 Executed 0n November 5, 2019, at Fresno, California. 24 25 Rebecca Stasio 26 27 28 3 Notice ofMotion and Motion to Deem Facts Admitted and for Sanctions