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1 BRAD C. BRERETON (SBN 111266)
SASHA SHAHABI (SBN 298070)
2 BRERETON, MOHAMED, & TERRAZAS LLP
1362 Pacific Avenue, Second Floor
3 Santa Cruz, California 95060
Tel: (831) 429-6391
4 Fax: (831) 459-8298
bcb@brereton.law
5 ss@brereton.law
6 Attorneys for Plaintiff
Tom Ebert
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THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
IN AND FOR THE COUNTY OF SANTA CRUZ
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UNLIMITED JURISDICTION
10
11 TOM EBERT, CASE NO. 19CV03672
an individual;
12 EX PARTE APPLICATION FOR
Plaintiff, ORDER SHORTENING TIME AND
13 SPECIALLY SETTING HEARING
vs. DATE FOR PLAINTIFF’S MOTION
14 FOR AN ORDER COMPELLING
AMERICAN ABALONE FARMS, LLC, (A DEFENDANT AMERICAN ABALONE
15 California Limited Liability Company), FARMS TO PRODUCE THE PERSON
OCEAN QUEEN USA, INC., (A California MOST KNOWLEDGEABLE FOR
16 Corporation); JAMES HO (An individual) DEPOSITION AND TO PROVIDE
and DOES 1-50, inclusive, VERIFIED DISCOVERY RESPONSES,
17 AND COMPELLING DEFENDANT
Defendant. JAMES HO TO PROVIDE WRITTEN
18 ANSWERS TO DEPOSITION
QUESTIONS, AND FOR AN AWARD
19 AMERICAN ABALONE FARMS, LLC; OF SANCTIONS
AND OCEAN QUEEN USA, INC.;
20 Cross-Complainants
21 Date: 3/8/23
v. Time: 1:00 PM
22 Dept: Ex Parte
THOMAS EBERT and DOES 1
23 THOROUGH 10, and each of them,
24 Cross-Defendants.
25
26 ///
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EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO NOTICE OF MOTION AND MOTION
FOR ORDER COMPELLING DEFENDANT AMERICAN ABALONE FARMS TO PRODUCE A PMK FOR
DEPOSITION AND FOR AN ORDER COMPELLING JAMES HO TO PROVIDE AN ANSWER, AND FOR
SANCTIONS.
1 Plaintiff Tom Ebert (“Plaintiff”) hereby applies ex parte for an order shortening
2 time and specially setting hearing on Plaintiff’s motion for order compelling Defendant
3 American Abalone Farms LLC to designate and produce the person most
4 knowledgeable for deposition and to provide verified discovery responses, and
5 compelling Defendant James Ho to provide written answers to deposition questions,
6 and for an award of sanctions.
7 There is good cause to shorten the normal notice and service time for Plaintiffs
8 motion. The trial for this matter is scheduled for April 17, 2023, with a trial calendar call
9 set for April 6, 2023. The testimony from the recent deposition of Defendant James Ho
10 has revealed that James Ho was improperly designated as the person most
11 knowledgeable on behalf of Defendant American Abalone Farms and that James Ho
12 improperly signed discovery verifications on behalf of American Abalone Farms in 2020.
13 Additionally, James Ho’s attorney instructed James Ho not to answer questions about
14 who is paying the legal fees on behalf of Defendant American Abalone Farms on
15 privilege grounds, however, the information sought is not protected by attorney client
16 privilege and verified answers should be provided.
17 The improper designation of James Ho as American Abalone Farms person most
18 knowledgeable has deprived Plaintiff the opportunity to obtain discoverable information
19 for trial of this action, and the invalid verification of American Abalone Farms’ discovery
20 responses, as testified to by the Defendant who signed the verifications, severely
21 prejudices Plaintiff’s case. With limited time until trial, it is imperative to take the
22 deposition of the person most knowledgeable for Defendant American Abalone Farms
23 LLC, to obtain verified discovery responses from American Abalone Farms, and to
24 compel Mr. Ho answers to Plaintiff’s deposition questions. There is insufficient time for
25 a noticed motion under the normal time lines provided in Code of Civil Procedure.
26 ///
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28 2
EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO NOTICE OF MOTION AND MOTION
FOR ORDER COMPELLING DEFENDANT AMERICAN ABALONE FARMS TO PRODUCE A PMK FOR
DEPOSITION AND FOR AN ORDER COMPELLING JAMES HO TO PROVIDE AN ANSWER, AND FOR
SANCTIONS.
1 Therefore, the court should issue an order shortening time and specially set a
2 hearing on Plaintiff’s motion.
3
4 Respectfully submitted,
5
6 3/7/2023
Date:_____________ ____________________________________
Brereton, Mohamed, Terrazas LLP
7 By: Sasha Shahabi
Attorney for Plaintiff/Cross-Defendant
8 Thomas Ebert
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EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO NOTICE OF MOTION AND MOTION
FOR ORDER COMPELLING DEFENDANT AMERICAN ABALONE FARMS TO PRODUCE A PMK FOR
DEPOSITION AND FOR AN ORDER COMPELLING JAMES HO TO PROVIDE AN ANSWER, AND FOR
SANCTIONS.
1 PROOF OF SERVICE BY ELECTRONIC MAIL
2
3 I, the undersigned, declare:
4 I am now and at all times herein mentioned have been over the age of eighteen
5 years, a resident of and employed in the County of Santa Cruz, California, and not a
6 party of the within entitled action or cause. My business address is Brereton,
7 Mohamed, & Terrazas LLP, 1362 Pacific Avenue, Suite 221, Santa Cruz, California
8 95060, and my electronic service address is ss@brereton.law.
9 On March 7, 2023, I served true copies of the following documents:
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11 EX PARTE APPLICATION FOR ORDER SHORTENING TIME
12 DECLARATION OF SASHA SHAHABI IN SUPPORT OF EX PARTE APPLICATION
13 PROPOSED ORDER
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by sending electronic copies to the following recipient(s):
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Paul L. Gumina, Esq.
16 The Law Offices of Paul L. Gumina, P.C.
paul@svbusinesslaw.com
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18 I declare under penalty of perjury under the laws of the State of California that
19 the foregoing is true and correct.
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Dated: March 7, 2023 __________________________
22 Emily Humy
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1 BRAD C. BRERETON (SBN 111266) SASHA SHAHABI (SBN 298070) 2 BRERETON, MOHAMED, & TERRAZAS LLP 1362 Pacific Avenue, Second Floor 3 Santa Cruz, California 95060 Tel: (831) 429-6391 4 Fax: (831) 459-8298 bcb@brereton.law 5 ss@brereton.law 6 Attorneys for Plaintiff Tom Ebert 7 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF SANTA CRUZ 9 UNLIMITED JURISDICTION 10 11 TOM EBERT, CASE NO. 19CV03672 an individual; 12 EX PARTE APPLICATION FOR Plaintiff, ORDER SHORTENING TIME AND 13 SPECIALLY SETTING HEARING vs. DATE FOR PLAINTIFF’S MOTION 14 FOR AN ORDER COMPELLING AMERICAN ABALONE FARMS, LLC, (A DEFENDANT AMERICAN ABALONE 15 California Limited Liability Company), FARMS TO PRODUCE THE PERSON OCEAN QUEEN USA, INC., (A California MOST KNOWLEDGEABLE FOR 16 Corporation); JAMES HO (An individual) DEPOSITION AND TO PROVIDE and DOES 1-50, inclusive, VERIFIED DISCOVERY RESPONSES, 17 AND COMPELLING DEFENDANT Defendant. JAMES HO TO PROVIDE WRITTEN 18 ANSWERS TO DEPOSITION QUESTIONS, AND FOR AN AWARD 19 AMERICAN ABALONE FARMS, LLC; OF SANCTIONS AND OCEAN QUEEN USA, INC.; 20 Cross-Complainants 21 Date: 3/8/23 v. Time: 1:00 PM 22 Dept: Ex Parte THOMAS EBERT and DOES 1 23 THOROUGH 10, and each of them, 24 Cross-Defendants. 25 26 /// 27 28 1 EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING DEFENDANT AMERICAN ABALONE FARMS TO PRODUCE A PMK FOR DEPOSITION AND FOR AN ORDER COMPELLING JAMES HO TO PROVIDE AN ANSWER, AND FOR SANCTIONS. 1 Plaintiff Tom Ebert (“Plaintiff”) hereby applies ex parte for an order shortening 2 time and specially setting hearing on Plaintiff’s motion for order compelling Defendant 3 American Abalone Farms LLC to designate and produce the person most 4 knowledgeable for deposition and to provide verified discovery responses, and 5 compelling Defendant James Ho to provide written answers to deposition questions, 6 and for an award of sanctions. 7 There is good cause to shorten the normal notice and service time for Plaintiffs 8 motion. The trial for this matter is scheduled for April 17, 2023, with a trial calendar call 9 set for April 6, 2023. The testimony from the recent deposition of Defendant James Ho 10 has revealed that James Ho was improperly designated as the person most 11 knowledgeable on behalf of Defendant American Abalone Farms and that James Ho 12 improperly signed discovery verifications on behalf of American Abalone Farms in 2020. 13 Additionally, James Ho’s attorney instructed James Ho not to answer questions about 14 who is paying the legal fees on behalf of Defendant American Abalone Farms on 15 privilege grounds, however, the information sought is not protected by attorney client 16 privilege and verified answers should be provided. 17 The improper designation of James Ho as American Abalone Farms person most 18 knowledgeable has deprived Plaintiff the opportunity to obtain discoverable information 19 for trial of this action, and the invalid verification of American Abalone Farms’ discovery 20 responses, as testified to by the Defendant who signed the verifications, severely 21 prejudices Plaintiff’s case. With limited time until trial, it is imperative to take the 22 deposition of the person most knowledgeable for Defendant American Abalone Farms 23 LLC, to obtain verified discovery responses from American Abalone Farms, and to 24 compel Mr. Ho answers to Plaintiff’s deposition questions. There is insufficient time for 25 a noticed motion under the normal time lines provided in Code of Civil Procedure. 26 /// 27 28 2 EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING DEFENDANT AMERICAN ABALONE FARMS TO PRODUCE A PMK FOR DEPOSITION AND FOR AN ORDER COMPELLING JAMES HO TO PROVIDE AN ANSWER, AND FOR SANCTIONS. 1 Therefore, the court should issue an order shortening time and specially set a 2 hearing on Plaintiff’s motion. 3 4 Respectfully submitted, 5 6 3/7/2023 Date:_____________ ____________________________________ Brereton, Mohamed, Terrazas LLP 7 By: Sasha Shahabi Attorney for Plaintiff/Cross-Defendant 8 Thomas Ebert 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING DEFENDANT AMERICAN ABALONE FARMS TO PRODUCE A PMK FOR DEPOSITION AND FOR AN ORDER COMPELLING JAMES HO TO PROVIDE AN ANSWER, AND FOR SANCTIONS. 1 PROOF OF SERVICE BY ELECTRONIC MAIL 2 3 I, the undersigned, declare: 4 I am now and at all times herein mentioned have been over the age of eighteen 5 years, a resident of and employed in the County of Santa Cruz, California, and not a 6 party of the within entitled action or cause. My business address is Brereton, 7 Mohamed, & Terrazas LLP, 1362 Pacific Avenue, Suite 221, Santa Cruz, California 8 95060, and my electronic service address is ss@brereton.law. 9 On March 7, 2023, I served true copies of the following documents: 10 11 EX PARTE APPLICATION FOR ORDER SHORTENING TIME 12 DECLARATION OF SASHA SHAHABI IN SUPPORT OF EX PARTE APPLICATION 13 PROPOSED ORDER 14 by sending electronic copies to the following recipient(s): 15 Paul L. Gumina, Esq. 16 The Law Offices of Paul L. Gumina, P.C. paul@svbusinesslaw.com 17 18 I declare under penalty of perjury under the laws of the State of California that 19 the foregoing is true and correct. 20 21 Dated: March 7, 2023 __________________________ 22 Emily Humy 23 24 25 26 27 28 1