On August 19, 2019 a
OSC_Notice_of_Motion_and_Motion
was filed
involving a dispute between
Boone, Martin,
and
Mejorado, Eddie,
for (06) Unlimited Breach of Contract / Warranty
in the District Court of Santa Cruz County.
Preview
(SPACE BELOW FOR FILING STAMP ONLY)
I MATTHEW G. BACKOWSKI 216517
STEPHANIE T. KOKKA 315233 ,
2 | BACKOWSKI LAW GROUP, PC
7522 N. Colonial Avenue, Suite 100
3 Fresno, California 93711
4 Telephone: (559) 214-0301
5| Attorneys for MARTIN BOONE
6
7 IN THE SUPERIOR COURT OF CALIFORNIA
8 IN AND FOR THE COUNTY OF SANTA CRUZ
9 UNLIMITED CIVIL JURISDICTION
wk |
10
re 3 It MARTIN BOONE, an individual, Case No. 19CV02489
age
Sam
On 12 Judgment Creditor,
ec .° NOTICE OF MOTION AND MOTION
Oge 13 v. BY JUDGMENT CREDITOR FOR
z= ORDER TO SHOW CAUSE RE
=¢8 !41 EDDIEMEJORADO, an individual; and | CONTEMPT AGAINST JUDGMENT
BS
s Og 15
DOES 1 through 50, ,
inclusive ,
DEBTOR
FOR
EDDIE
MONETARY
MEJORADO;
SANCTIONS
AND
< a < 16 Judgment Debtors.
N
a ie Date: March 1, 2023
17 Time: 8:30 a.m.
Dept: 10
18
19
Judgment Entered: October 15, 2019
20
21
22 | TO JUDGMENT DEBTOR, EDDIE MEJORADO:
23 NOTICE IS HEREBY GIVEN that on March 1,2023, at 8:30 a.m., or as soon
24 | thereafter as the matter may be heard, in Department 10 of the above-entitled Court located at
25 701 Ocean Street, Santa Cruz, California, judgment creditor MARTIN BOONE (“BOONE” or
26 | “judgment creditor’) will, and hereby does, move for an order to show cause re contempt
27 against judgment debtor EDDIE MEJORADO (““MEJORADO” or “judgment debtor’) for his
28 failure to comply with the terms of the Order Granting Motion to Compel Responses to Post-
-|-
Noticeof Motion
and Motion
| Judgment Discovery entered by this Court on April 14, 2022, and personally served upon
2 | judgment debtor on September 6, 2022.
3 NOTICE IS FURTHER GIVEN that the judgment creditor will, and hereby
4] does, move this Court for an order imposing a monetary sanction against the judgment
5 debtor, in the sum of $1,635.75 for attorneys’ fees and costs incurred in connection with the
6 motion for an order to show cause re contempt.
7 The motion for an order to show cause re contempt and request for monetary
8 | sanctions is based on the grounds that the Court issued a valid order on April 14, 2022,
9 compelling judgment debtor to provide post-judgment discovery responses; that the judgment
10 debtor was personally served with notice of the Court’s order; that the judgment debtor was
ao 3 1] capable of obeying it; that the judgment debtor willfully disobeyed the Court’s order; that the
3 5 5 12 | judgment debtor’s failure to provide responses is without substantial justification; that
> s E 13 monetary sanctions are appropriate due the judgment debtor’s failure to respond and willful |
= ¢ 5 14 ] disobedience of the Court’s order; and that the judgment creditor has incurred attorneys’ fees
3 8 e 15 and costs in the sum of $1,635.75 in connection with this motion.
S . i 16 The motion for an order to show cause re contempt and request for monetary
on 17 sanctions are based on this Notice of Motion and Motion, the Memorandum of Points and
18 Authorities, the Declaration of Matthew Backowski and the Request for Judicial Notice, filed
19 | herewith, on the pleadings and papers on file in this action, and on such other evidence as
20 | may be presented atthe hearing. .
21
22 DATED: January (3, 2023. BACKOWSKI LAW GROUP, PC
23
2 Maal
MATTHEW
Bat
BACKOWSKI,
___
Attorneys for
25 MARTIN BOONE
26
27
28
-2-
"Notice ofMotionand Motion
Document Filed Date
January 14, 2023
Case Filing Date
August 19, 2019
Category
(06) Unlimited Breach of Contract / Warranty
Status
10/15/2019 Dispositioned
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(SPACE BELOW FOR FILING STAMP ONLY) I MATTHEW G. BACKOWSKI 216517 STEPHANIE T. KOKKA 315233 , 2 | BACKOWSKI LAW GROUP, PC 7522 N. Colonial Avenue, Suite 100 3 Fresno, California 93711 4 Telephone: (559) 214-0301 5| Attorneys for MARTIN BOONE 6 7 IN THE SUPERIOR COURT OF CALIFORNIA 8 IN AND FOR THE COUNTY OF SANTA CRUZ 9 UNLIMITED CIVIL JURISDICTION wk | 10 re 3 It MARTIN BOONE, an individual, Case No. 19CV02489 age Sam On 12 Judgment Creditor, ec .° NOTICE OF MOTION AND MOTION Oge 13 v. BY JUDGMENT CREDITOR FOR z= ORDER TO SHOW CAUSE RE =¢8 !41 EDDIEMEJORADO, an individual; and | CONTEMPT AGAINST JUDGMENT BS s Og 15 DOES 1 through 50, , inclusive , DEBTOR FOR EDDIE MONETARY MEJORADO; SANCTIONS AND < a < 16 Judgment Debtors. N a ie Date: March 1, 2023 17 Time: 8:30 a.m. Dept: 10 18 19 Judgment Entered: October 15, 2019 20 21 22 | TO JUDGMENT DEBTOR, EDDIE MEJORADO: 23 NOTICE IS HEREBY GIVEN that on March 1,2023, at 8:30 a.m., or as soon 24 | thereafter as the matter may be heard, in Department 10 of the above-entitled Court located at 25 701 Ocean Street, Santa Cruz, California, judgment creditor MARTIN BOONE (“BOONE” or 26 | “judgment creditor’) will, and hereby does, move for an order to show cause re contempt 27 against judgment debtor EDDIE MEJORADO (““MEJORADO” or “judgment debtor’) for his 28 failure to comply with the terms of the Order Granting Motion to Compel Responses to Post- -|- Noticeof Motion and Motion | Judgment Discovery entered by this Court on April 14, 2022, and personally served upon 2 | judgment debtor on September 6, 2022. 3 NOTICE IS FURTHER GIVEN that the judgment creditor will, and hereby 4] does, move this Court for an order imposing a monetary sanction against the judgment 5 debtor, in the sum of $1,635.75 for attorneys’ fees and costs incurred in connection with the 6 motion for an order to show cause re contempt. 7 The motion for an order to show cause re contempt and request for monetary 8 | sanctions is based on the grounds that the Court issued a valid order on April 14, 2022, 9 compelling judgment debtor to provide post-judgment discovery responses; that the judgment 10 debtor was personally served with notice of the Court’s order; that the judgment debtor was ao 3 1] capable of obeying it; that the judgment debtor willfully disobeyed the Court’s order; that the 3 5 5 12 | judgment debtor’s failure to provide responses is without substantial justification; that > s E 13 monetary sanctions are appropriate due the judgment debtor’s failure to respond and willful | = ¢ 5 14 ] disobedience of the Court’s order; and that the judgment creditor has incurred attorneys’ fees 3 8 e 15 and costs in the sum of $1,635.75 in connection with this motion. S . i 16 The motion for an order to show cause re contempt and request for monetary on 17 sanctions are based on this Notice of Motion and Motion, the Memorandum of Points and 18 Authorities, the Declaration of Matthew Backowski and the Request for Judicial Notice, filed 19 | herewith, on the pleadings and papers on file in this action, and on such other evidence as 20 | may be presented atthe hearing. . 21 22 DATED: January (3, 2023. BACKOWSKI LAW GROUP, PC 23 2 Maal MATTHEW Bat BACKOWSKI, ___ Attorneys for 25 MARTIN BOONE 26 27 28 -2- "Notice ofMotionand Motion