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E-FILED
6/15/2022 2:49 PM
1 McCormick, Barstow, Sheppard, Superior Court of California
Wayte & Carruth LLP County of Fresno
2 David L. Emerzian, #222930 By: Estela Alvarado, Deputy
david.emerzian@mccormickbarstow.com
3 7647 North Fresno Street
Fresno, California 93720
4 Telephone: (559)433-1300
Facsimile: (559) 433-2300
5
Attorneys for Defendant Susan Kilsdonk, Trustee
6 of the Susan Homor Living Trust, Dated
September 28,2012
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF FRESNO
10
11 TRANQUILITY PISTACHIO, LLC, Case No. 19CECG02385
12 Plaintiff, DEFENDANT'S NOTICE OF MOTION
AND MOTION TO COMPEL
13 V. RESPONSES TO FORM
INTERROGATORIES, SET ONE, AND
14 SUSAN KILSDONK, as Trustee for the REQUEST FOR SANCTIONS
SUSAN HORNOR LIVING TRUST, Dated
15 September 28, 2012, and DOES 1-10, Date: September 21,2022
inclusive. Time: 3:30 pm
16 Dept.: 403
Defendant.
17
Action Filed: July 8,2019
18 Trial Date: None Set
19 TO PLAINTIFF TRANQUILITY PISTACHIO, LLC AND HIS ATTORNEY OF
20 RECORD HEREIN:
21 PLEASE TAKE NOTICE that on September 21,2022, at 3:30 pm, or as soon thereafter
22 as the matter can be heard, in Department 403, of the above-entitled Court, located at 1130 "O"
23 Street, Fresno, California 93724, Defendant SUSAN KILSDONK, Trustee of the Susan Homor
24 Living Tmst dated September 28, 2012 (hereinafter, "Defendant") will and hereby does move this
25 Court for an Order Compelling Responses from Plaintiff TRANQUILITY PISTACHIO, LLC
26 (hereinafter, "Plaintiff') to Defendant's Form Interrogatories, Set One, and Request for Monetary
27 Sanctions against Plaintiff in the amount of $2,902.50 as against Plaintiff.
28 This motion is brought pursuant to Code of Civil Procedure, Sections 2030.290, 2031.300
McCormick, Barstow,
Sheppard, Wavte &
Carruth LLP DEFENDANT'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO FORM
7M7 NORTH FRESNO STREET
FRESNO. CA 93720
INTERROGATORIES, SET ONE, AND REQUEST FOR SANCTIONS
1 and 2033.280(a) and on the grounds that Defendant properly served the aforementioned discovery
2 on Plaintiff, Plaintiff has failed to provide responses and Defendant's Counsel has attempted to meet
3 and confer with Plaintiffs Counsel without response.
4 Defendant will also seek an order awarding attorney's fees and costs against Plaintiff and in
5 its favor, as a reasonable sanction against Plaintiff for those costs and attorney fees incurred in
6 preparation of this motion pursuant to Code of Civil Procedure section 2023.010(d). The above-
7 described motion is based upon this Notice, the supporting Memorandum of Points and Authorities
8 and separate statement filed herewith, the declaration of David L. Emerzian and supporting exhibits,
9 the Reply, the complete files and records in this action, and upon such other and further oral and
10 documentary evidence as may be presented at the hearing on this motion.
11
12 Dated: ll£.
June /T,2022 McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP
13
14
15 L. Emerzian
Attorneys for tJ^endanl Susan Kilsduiik, Trustee of the
16
Susan Homor Living Trust, Dated September 28,2012
17
049280-000002 8435165.1
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McCormick, Barstow.
SHEPPAfiD,WAyTE&
Carruth LLP DEFENDANT'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO FORM
7«47 NORTH FRESNO STREET
FRESNO. C* 937»
INTERROGATORIES, SET ONE, AND REQUEST FOR SANCTIONS
PROOF OF SERVICE
2 Tranquility Pistachio v. Kilsdonk as Trustee, et al.
Fresno County Superior Court, Case No. 19CECG02385
3
STATE OF CALIFORNIA, COUNTY OF FRESNO
4
At the time of service, I was over 18 years of age and not a party to this action. I am
5 employed in the County of Fresno, State of California. My business address is 7647 North Fresno
Street, Fresno, CA 93720.
6
On June 2022, I served true copies of the following document(s) described as
7 DEFENDANT'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO
FORM INTERROGATORIES, SET ONE, AND REQUEST FOR SANCTIONS on the
8 interested parties in this action as follows:
9 Charles K. Manock
MANOCK LAW
10 448 W. Shaw Ave.
Fresno, CA 93704
11 Tel: 559-696-4397
Fax: 559-422-5163
12 s
13 Attorneys for Plaintiff Tranquility Pistachio,
LLC
14
BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the
15 persons at the addresses listed in the Service List and placed theenvelope for collection and mailing,
following our ordinary business practices. I am readily familiar with this business's practice for
16 collecting and processing correspondence for mailing. On the same day that the correspondence is
placed for collection and mailing, it is deposited in the ordinary course of business with the United
17 States Postal Service, in a sealed envelope with postage fully prepaid.
18 I declare under penalty of perjury under the laws of the State ofCalifornia that the foregoing
is true and correct.
19
Executed on June 1^2022, at Fresno, California.
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,/Vyv
22 mdy D. Gonzale
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McCormick, Barstow,
SHEPPARD, WA-tTE&
Carruth LLP DEFENDANT'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO FORM
NORTH FRESNO STREET
FRESNO. CA S3720 INTERROGATORIES, SET ONE, AND REQUEST FOR SANCTIONS
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E-FILED 6/15/2022 2:49 PM 1 McCormick, Barstow, Sheppard, Superior Court of California Wayte & Carruth LLP County of Fresno 2 David L. Emerzian, #222930 By: Estela Alvarado, Deputy david.emerzian@mccormickbarstow.com 3 7647 North Fresno Street Fresno, California 93720 4 Telephone: (559)433-1300 Facsimile: (559) 433-2300 5 Attorneys for Defendant Susan Kilsdonk, Trustee 6 of the Susan Homor Living Trust, Dated September 28,2012 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF FRESNO 10 11 TRANQUILITY PISTACHIO, LLC, Case No. 19CECG02385 12 Plaintiff, DEFENDANT'S NOTICE OF MOTION AND MOTION TO COMPEL 13 V. RESPONSES TO FORM INTERROGATORIES, SET ONE, AND 14 SUSAN KILSDONK, as Trustee for the REQUEST FOR SANCTIONS SUSAN HORNOR LIVING TRUST, Dated 15 September 28, 2012, and DOES 1-10, Date: September 21,2022 inclusive. Time: 3:30 pm 16 Dept.: 403 Defendant. 17 Action Filed: July 8,2019 18 Trial Date: None Set 19 TO PLAINTIFF TRANQUILITY PISTACHIO, LLC AND HIS ATTORNEY OF 20 RECORD HEREIN: 21 PLEASE TAKE NOTICE that on September 21,2022, at 3:30 pm, or as soon thereafter 22 as the matter can be heard, in Department 403, of the above-entitled Court, located at 1130 "O" 23 Street, Fresno, California 93724, Defendant SUSAN KILSDONK, Trustee of the Susan Homor 24 Living Tmst dated September 28, 2012 (hereinafter, "Defendant") will and hereby does move this 25 Court for an Order Compelling Responses from Plaintiff TRANQUILITY PISTACHIO, LLC 26 (hereinafter, "Plaintiff') to Defendant's Form Interrogatories, Set One, and Request for Monetary 27 Sanctions against Plaintiff in the amount of $2,902.50 as against Plaintiff. 28 This motion is brought pursuant to Code of Civil Procedure, Sections 2030.290, 2031.300 McCormick, Barstow, Sheppard, Wavte & Carruth LLP DEFENDANT'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO FORM 7M7 NORTH FRESNO STREET FRESNO. CA 93720 INTERROGATORIES, SET ONE, AND REQUEST FOR SANCTIONS 1 and 2033.280(a) and on the grounds that Defendant properly served the aforementioned discovery 2 on Plaintiff, Plaintiff has failed to provide responses and Defendant's Counsel has attempted to meet 3 and confer with Plaintiffs Counsel without response. 4 Defendant will also seek an order awarding attorney's fees and costs against Plaintiff and in 5 its favor, as a reasonable sanction against Plaintiff for those costs and attorney fees incurred in 6 preparation of this motion pursuant to Code of Civil Procedure section 2023.010(d). The above- 7 described motion is based upon this Notice, the supporting Memorandum of Points and Authorities 8 and separate statement filed herewith, the declaration of David L. Emerzian and supporting exhibits, 9 the Reply, the complete files and records in this action, and upon such other and further oral and 10 documentary evidence as may be presented at the hearing on this motion. 11 12 Dated: ll£. June /T,2022 McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP 13 14 15 L. Emerzian Attorneys for tJ^endanl Susan Kilsduiik, Trustee of the 16 Susan Homor Living Trust, Dated September 28,2012 17 049280-000002 8435165.1 18 19 20 21 22 23 24 25 26 27 28 McCormick, Barstow. SHEPPAfiD,WAyTE& Carruth LLP DEFENDANT'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO FORM 7«47 NORTH FRESNO STREET FRESNO. C* 937» INTERROGATORIES, SET ONE, AND REQUEST FOR SANCTIONS PROOF OF SERVICE 2 Tranquility Pistachio v. Kilsdonk as Trustee, et al. Fresno County Superior Court, Case No. 19CECG02385 3 STATE OF CALIFORNIA, COUNTY OF FRESNO 4 At the time of service, I was over 18 years of age and not a party to this action. I am 5 employed in the County of Fresno, State of California. My business address is 7647 North Fresno Street, Fresno, CA 93720. 6 On June 2022, I served true copies of the following document(s) described as 7 DEFENDANT'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES, SET ONE, AND REQUEST FOR SANCTIONS on the 8 interested parties in this action as follows: 9 Charles K. Manock MANOCK LAW 10 448 W. Shaw Ave. Fresno, CA 93704 11 Tel: 559-696-4397 Fax: 559-422-5163 12 s 13 Attorneys for Plaintiff Tranquility Pistachio, LLC 14 BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the 15 persons at the addresses listed in the Service List and placed theenvelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practice for 16 collecting and processing correspondence for mailing. On the same day that the correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United 17 States Postal Service, in a sealed envelope with postage fully prepaid. 18 I declare under penalty of perjury under the laws of the State ofCalifornia that the foregoing is true and correct. 19 Executed on June 1^2022, at Fresno, California. 20 21 ,/Vyv 22 mdy D. Gonzale 23 24 25 26 27 28 McCormick, Barstow, SHEPPARD, WA-tTE& Carruth LLP DEFENDANT'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO FORM NORTH FRESNO STREET FRESNO. CA S3720 INTERROGATORIES, SET ONE, AND REQUEST FOR SANCTIONS