Hearing: RUFUS ALEXANDER VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS et al

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Preview
                                Becherer
Kannett &
Schweitzer

510-658-3600

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Mark S. Kannett (SBN 104572)
Shahrad Milanfar (SBN 201126)

Jennifer K. Thai (SBN 258612) ELECTRONICALLY
BECHERER KANNETT & SCHWEITZER
1255 Powell Street FILED.
Emeryville, CA 94608 Superior Court of California,
Telephone: (510) 658-3600 County of San Francisco
Facsimile: (510) 658-1151 SEP 21 2010
Clerk of the Court
Attorneys for Defendant BY: JUDITH NUNEZ

Bridgestone Firestone North American Tire, LLC, Deputy Clerk

successor to Bridgestone Firestone, Inc.

SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO

CASE NO, CGC-08-274719
RUFUS ALEXANDER,
NOTICE OF MOTION AND MOTION BY
BRIDGESTONE FIRESTONE NORTH
AMERICAN TIRE, LLC, TO COMPEL
DISCOVERY RESPONSES, AND FOR
MONETARY SANCTIONS AND
TERMINATING SANCTIONS

Plaintiff,
vs.

ASBESTOS DEFENDANTS (BP), et al.,

Date: Nov. 18, 2010

Time: 1:30 p.m.

Dept.: 220

Judge Hon. Harold E. Kahn

Defendants.

Complaint Filed: July 1, 2008
Trial Date: Not assigned

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TO PLAINTIFF RUFUS ALEXANDER:

PLEASE TAKE NOTICE that on November 18, 2010, at 1:30 p.m., or as soon thereafter
as this matter may be heard in Department 220 of the above-entitled Court located at 400
McAllister St. San Francisco, CA, the Honorable Harold Kahn, presiding, defendant
BRIDGESTONE FIRESTONE NORTH AMERICAN TIRE, LLC (“Bridgestone”), will move this
Court for an order compelling plaintiff to provide verified responses to Special
Interrogatories, Requests for Production of Documents, and Requests for Admission
without objections, and for payment of monetary sanctions in the amount the court sees fit

This motion will be made on the basis that plaintiff has not served timely, verified

NOTICE OF MOTION AND MOTION BY BRIDGESTONE FIRESTONE NORTH AMERICAN TIRE, LLC, TO COMPEL DISCOVERY510-658-3600

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responses to properly propounded discovery in this action, failed to produce verified
responses, and on the basis that there is no substantial justification for plaintiff's failure to
respond. In addition, Bridgestone will request terminating sanctions.

This motion will be based upon this notice, supporting declaration of attorney
Jennifer K. Thai, supporting memorandum of points and authorities, all pleadings presented
for the Court’s consideration in all matters at such time as the matter may be heard, and

upon such other evidence as may be presented.

Dated: September 21, 2010 ” BECHERER KANNETT & SCHWEITZER

Attprndy Defendant
jigestone Firestone North American
tre, LLC,
successor to Bridgestone Firestone, Inc.

NOTICE OF MOTION AND MOTION BY BRIDGESTONE FIRESTONE NORTH AMERICAN TIRE, LLC, TO COMPEL DISCOVERYBecherer
Kannett &
Schweitzer

1255
Powell St.
Emeryville, CA

‘94608
510-658-3600

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10

2010, at Emeryville, California.

PROOF OF SERVICE BY ELECTRONIC TRANSMISSION

I, Barbara Golstein, declare that 1 am, and was at the time of service of the documents
herein referred to, over the age of 18 years, and not a party to the action; and am employed
in the County of Alameda, State of California. My business address is 1255 Powell Street,
Emeryville, California 94608.

On September 21, 2010, I electronically served the document(s) via LexisNexis File &
Serve described as:

« NOTICE OF MOTION AND MOTION BY BRIDGESTONE FIRESTONE
NORTH AMERICAN TIRE, LLC TO COMPEL DISCOVERY RESPONSES
AND FOR MONETARY SANCTIONS AND TERMINATING SANCTIONS

on the recipients designated on the Transmission Receipt located on the LexisNexis File &
Serve website.

I declare under penalty of perjury pursuant to the laws-of the State of California that
the foregoing is true and correct and that this declaration was executed on September 21,

arbara Golstein

NOTICE OF MOTION AND MOTION BY BRIDGESTONE FIRESTONE NORTH AMERICAN TIRE, LLC, TO COMPEL DISCOVERYBecherer
Kannett &
Schweitzer

1255
Powell St.
Emeryville, CA

510-658-3600

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PROOF OF SERVICE

I, Barbara Golstein, declare that 1 am employed in the County of Alameda, State of
California; I am over the age of eighteen (18) years and not a party to the within entitled
action; my business address is 1255 Powell Street, Emeryville, California 94608.

On September 21, 2010, I caused to be served the foregoing:

° NOTICE OF MOTION AND MOTION BY BRIDGESTONE

FIRESTONE NORTH AMERICAN TIRE, LLC TO COMPEL DISCOVERY

RESPONSES AND FOR MONETARY SANCTIONS AND TERMINATING
SANCTIONS

In said action by placing a true copy thereof enclosed ina sealed envelope and served in the
manner and/or manners described below to each of the parties herein and addressed as
follows:

Plaintiff, In Pro Per Rufus Alexander
170 Cashmere Street, No. D
San Francisco, CA 94124

Ed (By Mail) I deposited such envelope with postage thereon fully prepaid to be placed in
the United States Mail at Emeryville, California. ] am familiar with the mail collection
practices of Becherer Kannett & Schweitzer Attorneys and pursuant to those practices the
envelope would be deposited with the United States Postal Service the same day.

(1 tBy Personal Delivery) 1 caused such envelope to be delivered by hand to the office of
the addressee(s).

Oo (By Overnight Courier) | caused such envelope to be delivered via overnight courier
service to the addressee(s) designated.

U1 Wia Facsimile) I caused said document(s) to be transmitted to the facsimile number(s}
of the addressee(s) designated.

I declare under penalty of perjury that the foregoing is trug and correct and that this
declaration is executed on September 24;

Barbara Golstein

NOTICE OF MOTION AND MOTION BY BRIDGESTONE FIRESTONE NORTH AMERICAN TIRE, LLC, TO COMPEL DISCOVERY