Preview
FlLED/ENDORSED
1 JACKSON LEWIS P.C. AUG 2 h 2022
JAMES T. JONES (SBN 167967)
2 400 Capitol Mall, Suite 1600 By:. p. Vue
Sacramento, Califomia 95814 Deput)' Clerk
Telephone: (916)341-0404
Facsimile: (916)341-0141
Email: iames.iones@iacksonlewis.com
Attomeys for Defendant
LIQUI-BOX CORPORATION
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SACRAMENTO
10 SAJIDA ZAMAN, CASE NO. 34-2019-00252121-CU-WT-GDS
11 Plaintiff, DEFENDANT LIQUI-BOX
CORPORATION'S NOTICE OF HEARING,
12 vs. MEMORANDUM OF POINTS AND
AUTHORITIES, DECLARATION OF
13 JAMES T. JONES; AND [PROPOSED]
LIQUI-BOX CORPORATION, and DOES ORDER IN SUPPORT OF E X PARTE
14 through 20, inclusive. APPLICATION FOR ORDER SHORTENING
TIME TO HEAR DEFENDANT'S MOTION
15 Defendants. TO COMPEL PLAINTIFF TO APPEAR FOR
DEPOSITION AND PRODUCE
16 RESPONSIVE DOCUMENTS TO
DEFENDANT'S REQUEST FOR
17 PRODUCTION OF DOCUMENTS AT
DEPOSITION
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Date: August 25, 2022
19 Time: 9:15 a.m.
Dept: 53
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Complaint Filed: March 8, 2019
21 Trial Date: September 12, 2022
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Liqui-Box Corporation's Notice of Hearing, MPA, Decl of Jones; and [Proposed] Order ISO Ex Parte App For OST to
Hear Motion To Compel PI. to Appear For Depo and Produce Responsive Documents At Deposition
1 NOTICE OF DEFENDANT'S E X PARTE APPLICATION FOR ORDER
SHORTENING TIME TO HEAR DEFENDANT'S MOTION TO COMPEL PLAINTIFF
2 TO APPEAR FOR DEPOSITION AND PRODUCE RESPONSIVE DOCUMENTS TO
DEFENDANT'S REOUEST FOR PRODUCTION OF DOCUMENTS AT DEPOSITION
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4 TO PLAINTIFF SAJIDA ZAMAN AND HER ATTORNEYS OF RECORD:
5 NOTICE IS HEREBY GIVEN that, on August 25, 2022 at 9:15 a.m.. Defendant Liqui-
6 Box ("Defendant") will move, ex parte, for an Order Shortening Time to Hear Defendant's
7 Motion to Compel Plaintiff to Appear for Deposition and Produce Responsive Documents to
8 Defendant's Request for Production of Documents at Deposition.
9 The motion is based on this Application and supporting Memorandum of Points and
10 Authorities, and the Declaration of James T. Jones (with exhibits thereto) fded herewith; the
11 complete files and records in this action; and such other oral and documentary evidence,
12 including any exhibits or evidence of which the court is requested to take judicial notice, that may
13 be presented to the court in support of this Applicadon up to and including the time of the hearing
14 on this Application.
15 Dated: August 24, 2022 JACKSON LEWIS P.C.
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17 By:
JAMES T. JONES
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19 Attomeys for Defendant
LIQUI-BOX CORPORATION
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Liqui-Box Corporation's Notice of Hearing, MPA, Decl of Jones; and [Proposed] Order ISO Ex Parte App For OST to
Hear Motion To Compel PI. to Appear For Depo and Produce Responsive Documents At Deposition
1 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
DEFENDANT'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME
2 TO HEAR DEFENDANT'S MOTION TO COMPEL PLAINTIFF TO APPEAR FOR
DEPOSITION AND PRODUCE RESPONSIVE DOCUMENTS TO
3 DEFENDANT'S REOUEST FOR PRODUCTION OF DOCUMENTS AT DEPOSITION
4 I. INTRODUCTION AND PERTINENT FACTS
5 Defendant Liqui-Box Corporation ("Defendant") applies ex parte for an order shortening
6 time to hear Defendant's Motion to Compel Plaintiff to Appear for Deposition and Produce
7 Responsive Documents to Defendant's Request for Production of Documents at Deposition
8 because Plaintiff and her counsel are refusing to produce Plaintiff to complete her deposition and
9 Plaintiff and her counsel refuse to produce records admittedly in Plaintiffs possession, which she
10 stated under oath she would provide to defense counsel. (Declaration of James T. Jones "Jones
11 Decl." at 2.) This case is set for trial to commence on September 12, 2022. (Jones Decl. at T| 3.)
12 Defendant faces irreparable harm if it is not afforded the opportunity to argue the motion
13 which goes to the heart of relevant and material evidence. (Jones Decl. at 4.) Without allowing
14 Defendant the ability to complete Plaintiffs deposition and review responsive documents in the
15 Request for Production of Documents at Deposition, Defendant would suffer irreparable harm
16 and jeopardize its ability to present a defense fully on the merits. (Ibid.)
17 On August 24, 2022, at 7:58 a.m., counsel for Defendants provided notice of this ex parte
18 application via e-mail. (Jones Decl. at ^ 5 and Exh. A.) Good cause to grant the application is set
19 forth in the accompanying Declaration of James Jones.
20 II. LAW AND ARGUMENT
21 Defendant Faces Irreparable Harm i f Defendant's Motion to Compel Plaintiff to Appear
22 for Deposition and Produce Responsive Documents to Defendant's Request for Production of
23 Documents at Deposition is Not Heard Prior to Trial.
24 Local Rule 2.35, section B, states in pertinent part:
25 (B) Except by order of the court, upon a showing of good cause, all
ex parte applications seeking a hearing on shortened time shall
26 provide for opposition papers to be fded and served five court days
and reply papers to be filed and served two court days prior to the
27 hearing date. Upon a showing of good cause, the court, in its
discretion, may order a shorter time or that there be no reply, but in
28 no event shall the last paper be filed later than 9:00 a.m. two court
days before the hearing. The moving papers must be accompanied
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Liqui-Box Corporation's Notice of Hearing, MPA, Decl of Jones; and [Proposed] Order ISO Ex Parte App For OST to
Hear Motion To Compel PI. to Appear For Depo and Produce Responsive Documents At Deposition
1 by a copy of the proposed order and all papers, including those
subsequently filed regarding the application, must indicate on the
2 caption page that the matter was brought on an order shortening
time with specific indication of the date of the order and the name
3 of the judge.
4 An Ex parte application requires an "affirmative factual showing in a declaration
5 containing competent testimony based on personal knowledge of irreparable harm, immediate
6 danger, or any other statutory basis for granting relief ex parte." (Califomia Rules of Court, Rule
7 3.1202.) Courts must abide by the guiding principle of deciding cases on the merits, and when
8 two policies of judicial efficiency and deciding cases on the merits "collide head-on, the strong
9 public policy favoring disposition on the merits outweighs the competing policy favoring judicial
10 efficiency." (Chavez v. 24 Hour Fitness USA, Inc. (2015) 238 Cal.App.4th 632, 644.)
11 Pursuant to Code of Civil Procedure section 2024.030, "[a]ny party shall be entitled as a
12 matter of right to complete discovery proceedings pertaining to a witness identified under
13 Chapter 18 (commencing with Section 2034.010) on or before the 15th day, and to have motions
14 conceming that discovery heard on or before the 10th day, before the date initially set for the trial
15 of the action."
16 This case is set for trial to commence on September 12, 2022. (Jones Decl. at 3.) To no
17 avail. Defendant has repeatedly attempted to meet and confer with Plaintiffs Counsel to arrange a
18 date and time where Plaintiff would appear for and complete her deposition and produce
19 responsive documents to the Request for Production of Documents at deposition. (Id. at ^6.)
20 With trial nearing very quickly. Defendant was forced to file this as an Ex Parte Application.
21 {Ibid.)
22 Failure to hear the Motion on an expedited timeline will result in irreparable harm and
23 prejudice to Defendant. (Jones Decl. at | 7.) I f the Motion is not heard on shortened time,
24 Defendant will not be able to complete the deposition of Plaintiff or have the infonnation
25 contained within the documents that are responsive to the document demands in her deposition
26 notice, and which Plaintiff testified she has in her possession and would be producing. {Ibid.)
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Liqui-Box Corporation's Notice of Hearing, MPA, Decl of Jones; and [Proposed] Order ISO Ex Parte App For OST to
Hear Motion To Compel PI. to Appear For Depo and Produce Responsive Documents At Deposition
1 As such. Defendant respectfully request the Court to hear this Motion on shortened time,
2 on or before September 2, 2022, with Plaintiffs Opposition papers to be filed and served as the
3 Court deems appropriate. Defendant waives its right to a Reply brief.
4 HI. CONCLUSION
5 As set forth above, for good cause. Defendant respectfully request the Court to issue an
6 order shortening time to hear Defendant's Motion to Compel Plaintiff to Appear for Deposition
7 and Produce Responsive Documents to Defendant's Request for Production of Documents at
8 Deposition.
9 Dated: August 24, 2022 JACKSON LEWIS P.C.
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By: ,(/ ^
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JAMES T. JONES
12 Attomeys for Defendant
LIQUI-BOX CORPORATION
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Liqui-Box Corporation's Notice of Hearing, MPA, Decl of Jones; and [Proposed] Order ISO Ex Parte App For OST to
Hear Motion To Compel PI. to Appear For Depo and Produce Responsive Documents At Deposition
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DECLARATION OF JAMES T. JONES
2 IN SUPPORT OF DEFENDANTS' E X PARTE APPLICATION
3 I, James T. Jones, declare and state as follows:
4 1. I am an attomey at law duly licensed to practice in all courts of the State of
5 Califomia. I am a principal in the law firm of Jackson Lewis P.C, attomeys of record for
6 Defendant Liqui-Box Corporation ("Defendants") in the above-captioned action. I have personal
7 knowledge of the matters set forth below, and i f called upon as a witness, I could and would
8 competently testify as follows.
9 2. Defendant applies ex parte for an order shortening time to hear Defendant's
10 Motion to Compel Plaintiff to Appear for Deposition and Produce Responsive Documents to
11 Defendant's Request for Production of Documents at Deposition because Plaintiff and her
12 counsel are refusing to produce Plaintiff to complete her deposition and Plaintiff and her counsel
13 have not yet produced records admittedly in Plaintiffs possession, and promised on the record,
14 under oath, that they would be provided to defense counsel..
15 3. This case is set for trial to commence on September 12, 2022.
16 4. Defendant faces irreparable harm i f it is not afforded the opportunity to argue the
17 motion which goes to the heart of relevant and material evidence. Without allowing Defendant
18 the ability to complete Plaintiffs deposition and review responsive documents in the Request for
19 Production of Documents at Deposition, Defendant would suffer irreparable harm and jeopardize
20 its ability to present a defense fully on the merits.
21 5. On August 24, 2022, at 7:58 a.m., counsel for Defendants provided notice of this
22 fi-JC parte application via e-mail. Counsel for Plaintiff advised that he would appear and oppose
23 the ex parte application. (A tme and correct copy of the e-mail chain is attached hereto as
24 Exhibit A ).
25 6. To no avail. Defendant has repeatedly attempted to meet and confer with
26 Plaintiffs Counsel to arrange a date and time where Plaintiff would appear for and complete her
27 deposition and produce responsive documents to the Request for Production of Documents at
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Liqui-Box Corporation's Notice of Hearing, MPA, Decl of Jones; and [Proposed] Order ISO Ex Parte App For OST to
Hear Motion To Compel PI. to Appear For Depo and Produce Responsive Documents At Deposition
1 deposition. With trial nearing very quickly. Defendant was forced to file this as an Ex Parte
2 Application.
3 7. Failure to hear the Motion on an expedited timeline will result in irreparable harm
4 and prejudice to Defendant. If the Motion is not heard on shortened time, Defendant will not be
5 able to complete the deposition of Plaintiff or have the information contained within the
6 responsive documents to which Plaintiff testified she has in her possession and therefore be
7 prejudiced in defending the allegations against it.
8 8. Attached as Exhibit B is a tme and correct copy of Defendant's Motion to Compel
9 Plaintiff to Appear for Deposition and Produce Responsive Documents to Defendant's Request
10 for Production of Documents at Deposition.
11 9. For the following reasons, this motion could not be brought earlier. The attomey
12 initially assigned to handle the matter with me, Kelsey Morris, began a leave of absence on July
13 1, 2022, two weeks earlier than expected, and as a result, work that had been assigned to her was
14 unfinished at the time she began her early leave. The attomey who was to replace Ms. Morris
15 was Nolan Kessler, but Mr. Kessler left the firm on June 24, 2022, and I again began to search for
16 an available replacement. Attomey Benjamin Mains was assigned to assist but became
17 unavailable unexpectedly due to medical reasons on August 7, 2022. Mr. Mains retumed from
18 his medical absence and resumed his assignment on the matter but had a recurrence that once
19 again took him off the case. I then began searching for an attomey to replace Mr. Mains as he
20 will no longer be assisting on this case. As of this time, no one has been assigned. I have been
21 responding to numerous motions filed by Plaintiff without the assistance of an Associate Attorney
22 assigned to primarily manage the case with me. This has resulted in an extremely heavy
23 workload over the past months while I have also been conducting depositions in this case without
24 significant assistance, responding to discovery, drafting reply papers related to the summary
25 judgment motion filed herein, attending hearings and the Mandatory Settlement Conference, and
26 trying to manage other cases. The demands of my workload have not permitted me to move more
27 quickly to compel Plaintiff to comply with her discovery obligations.
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Liqui-Box Corporation's Notice of Hearing, MPA, Decl of Jones; and [Proposed] Order ISO Ex Parte App For OST to
Hear Motion To Compel PI. to Appear For Depo and Produce Responsive Documents At Deposition
1 I declare under penalty of perjury under the laws of the State of Califomia that the
2 foregoing is true and correct.
3 Executed August 24, 2022, in Sacramento, Califomia.
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JAMES T. JONES
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Liqui-Box Corporation's Notice of Hearing, MPA, Decl of Jones; and [Proposed] Order ISO Ex Parte App For OST to
Hear Motion To Compel PI. to Appear For Depo and Produce Responsive Documents At Deposition
EXHIBIT A
Asano^tell^I^^Sacrament^
From: Arash Khosrowshahi
Sent: Wednesday, August 24, 2022 7:59 AM
To: Jones, James T. (Sacramento)
Cc: Joshua Falakassa; Kasra Torabi; Asano, Kelly H. (Sacramento); Sims, Mandy L
(Sacramento); Mitsuk, Gisele (Sacramento)
Subject: Re: Ex parte application hearing for tomorrow - Zaman v. Liqui-Box
[EXTERNAL SENDER]
We will appear and will oppose. Please send us your ex parte papers.
Regards,
Arash "Ash" Khosrowshahi, Esq. (he/him)
Liberty Man Law, P.C.
1010 F Street, Ste. 300
Sacramento, CA 95814
Tel.: (916) 573-0469
Fax: (866) 700-0787
ash(gilibertymanlaw.com
www.libertymanlaw.com
"The victorious win and then go to war, the defeated go to war and then seek to win." ~ Sun Tzu
CONFIDENTIAL NOTICE:
This email and any files transmitted with it are confidential and intended solely for the use o f t h e Individual or entity
to whom they are addressed. If you have received this email in error please notify the sender. This message contains
confidential information and is intended only for the individual named. I f y o u are not the named addressee you should
not disseminate, distribute or copy this e-mail. Please notify the sender Immediately by e-mail if you have received
this e-mail by mistake and delete this e-mail from your system. If you are not the Intended recipient you are notified
that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly
prohibited.
On Wed, Aug 24, 2022 at 7:58 AM Jones, James T. (Sacramento) wrote:
Counsel,
We have set two ex parte hearings for tomorrow morning, Friday August 25, 2022, at 9 a.m. and 9:15 a.m. in
Department 53. We will be asking the Court for: (1) an order advancing the hearing date on Defendant's motion to
accept Defendant's expert witness designation as sufficient and allowing Defendant's disclosed experts to testify
(presently set to be heard on October 20), so that the hearing on that motion will occur in advance of trial on a date
deemed appropriate by the Court; and (2) granting an order shortening time for a motion compelling Plaintiff to
complete her deposition and produce the records she was required to produce at her deposition. Please let us know if
you intend to oppose and i f y o u intend to appear.
James T. Jones
e Attorney at Law
Jackson Lewis P.C.
400 Capitol Mall
Suite 1600
Sacramento, CA 95814
Direct: (916) 288-3020 | Main: (916) 341-0404
James.Jones(S).iacksonlewis.com | www.iacksonlewis.com
EXHIBIT B
1 JACKSON LEWIS P.C.
JAMES T. JONES (SBN 167967)
2 400 Capitol Mall, Suite 1600
Sacramento, Califomia 95814
3 Telephone: (916)341-0404
Facsimile: (916)341-0141
4 Email: james.iones(a),iacksonlewis.com
Email: mandy.sims(a),iacksonlewis.com
5
Attomeys for Defendant
6 LIQUI-BOX CORPORATION
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10 SAHDA ZAMAN, CASE NO. 34-2019-00252121-CU-WT-GDS
11 Plaintiff, DEFENDANT LIQUI-BOX
CORPORATION'S NOTICE OF
12 vs. MOTION AND MOTION TO COMPEL
PLAINTIFF SAJIDA ZAMAN'S
13 APPEARANCE AT DEPOSITION TO
LIQUI-BOX CORPORATION, and DOES CONTINUE AND C O M P L E T E
14 through 20, inclusive. DEPOSITION TESTIMONY, TO
PRODUCE RECORDS DEMANDED IN
15 Defendants. DEPOSITION NOTICE, AND REQUEST
FOR SANCTIONS
16
Date:
17 Time:
Dept: 53
18 Reservation No.
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Complaint Filed: March 8,2019
20 Trial Date: September 12, 2022
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Liqui-Box Corporation's Notice of Motion and Motion to Compel PlaintifPs Appearance at Deposition and to
Produce Records Demanded In Deposition Notice
1 NOTICE OF MOTION AND MOTION
2 NOTICE IS HEREBY GIVEN that on 2022, at or as soon thereafter
3 as the matter may be heard, in Department 53 of this court, located at the Hall of Justice, 813 6**^
4 Street, Sacramento, Califomia, 95814, Defendant Liqui-Box Corporation will, and hereby foes,
5 move for an order compelling Plaintiff Sajida Zaman's Appearance at Deposition to Continue and
6 Complete Deposition Testimony, to Produce Records Demanded in Deposition Notice.
7 This Motion is made pursuant to Califomia Code of Civil Procedure sections 2023.010,
8 2023.030, and 2030.300, and on the grounds that Plaintiffs responses to the interrogatories and
9 requests at issue are incomplete and assert meritless objections.
10 Pursuant to Local Rule 1.06 (A), the court will make a tentative mling on the merits of
11 this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative
12 mlings for the department may be downloaded off the court's website. If the party does not have
13 online access, they may call the dedicated phone number for the department as referenced in the
14 local telephone directory between the hours of 2:00 p.m. and 4:00 p.m. on the court day before
15 the hearing and receive the tentative mling. Ifyou do not call the court and the opposing party by
16 4:00 p.m. the court day before the hearing, no hearing will be held.
17 Dated: August 24, 2022 JACKSON LEWIS P.C.
,8 (j
19 By:_ii
JAMES T. JONES
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Attomeys for Defendant
21 LIQUI-BOX CORPORATION
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Liqui-Box Corporation's Notice of Motion and Motion to Compel Plaintiffs Appearance at Deposition and to
Produce Records Demanded In Deposition Notice
1 PROOF OF S E R V I C E
2 I am employed in the County of Sacramento, State of Califomia. I am over the age of
eighteen years and not a party to the within action; my business address is Jackson Lewis P.C,
3 400 Capitol Mall, Suite 1600, Sacramento, Califomia 95814.
4 On August 24, 2022,1 served the within:
5 DEFENDANT LIQUI-BOX CORPORATION'S NOTICE OF MOTION AND MOTION
TO COMPEL PLAINTIFF SAJIDA ZAMAN'S APPEARANCE AT DEPOSITION TO
6 CONTINUE AND C O M P L E T E DEPOSITION TESTIMONY, TO PRODUCE RECORDS
DEMANDED IN DEPOSITION NOTICE, AND REQUEST FOR SANCTIONS
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on all interested parties in said action, through their attomeys of record as listed below, by placing
8 a tme and correct copy thereof, addressed as shown below, by the following means:
9 r~j PERSONAL SERVICE - by causing personal delivery of a tme and correct copy
thereof to the person at the address set forth below, in accordance with Code of Civil
10 Procedure section 1011(a).
11 Q M A I L - by placing a tme and correct copy thereof enclosed in a sealed envelope with
postage thereon fully prepaid for deposit in the United States Post Office mailbox, at
12 my business address shown above, following Jackson Lewis P.C.'s ordinary business
practices for the collection and processing of mail, of which I am readily familiar, and
13 addressed as set forth below. On the same day correspondence is placed for collection
and mailing, it is deposited in the ordinary course of business with the United States
14 Postal Service.
15 Q OVERNIGHT DELIVERY - by depositing a true and correct copy thereof enclosed
in a sealed envelope with delivery fees thereon fully prepaid in a box or other facility
16 regularly maintained by UPS or delivering to an authorized courier or driver
authorized by UPS to receive documents, addressed as set forth below.
17
[X| E-MAIL OR ELECTRONIC TRANSMISSION - Based on Califomia Code of Civil
18 Procedure Section 1010.6(e)(l)(2), 1 caused the document(s) described above to be
sent from e-mail address kelly.asano(a}jacksonlewis.com to the person(s) at the e-mail
19 address(es) listed below. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was
20 unsuccessful.
21 Joshua F. Falakassa (SBN 295045) Arash S. Khosrowshahi (SBN 293246)
FALAKASSA LAW, P.C. LIBERTY MAN LAW, P.C.
22 1901 Avenue of the Stars, Suite 450 1010 F Street, Suite 300
Los Angeles, CA 90067 Sacramento, CA 95814
23 Telephone: (818)456-6168 Telephone: (916)573-0469
Facsimile: (888)505-0868 Facsimile: (866)700-0787
24 Email: Josh@,Falakassalaw.com Email: ash@,libertvmanlaw.com
I declare under penalty of perjury under the laws of the State of Califomia that the
2g foregoing is tme and correct, and that this declaration was executed on August 24, 2022 at
Sacramento, Califomia.
27
Kelly Asano
28 4882-8606-0335, v. 1
PROOF OF SERVICE
1 JACKSON LEWIS P.C.
JAMES T. JONES (SBN 167967)
2 400 Capitol Mall, Suite 1600
Sacramento, Califomia 95814
3 Telephone: (916)341-0404
Facsimile: (916)341-0141
4 Email: james.iones(a),iacksonlewis.com
5
Attomeys for Defendant
6 LIQUI-BOX CORPORATION
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10 SAHDA ZAMAN, CASE NO. 34-2019-00252121-CU-WT-GDS
11 Plaintiff, MEMORANDUM OF POINTS AND
AUTHORITIES FOR MOTION TO
12 vs. COMPEL PLAINTIFF SAJIDA
ZAMAN'S APPEARANCE AT
13 DEPOSITION TO CONTINUE AND
LIQUI-BOX CORPORATION, and DOES COMPLETE DEPOSITION
14 through 20, inclusive. TESTIMONY, TO PRODUCE RECORDS
DEMANDED IN DEPOSITION NOTICE,
15 Defendants. AND REQUEST FOR SANCTIONS
16 Date:
Time:
17 Dept: 53
Reservation No.
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19 Complaint Filed: March 8, 2019
Trial Date: September 12, 2022
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Memo of Points and Authorities ISO Motion to Compel PlaintifTs Appearance At Deposition To Continue And
Complete Deposition Testimony, To Produce Records Demanded In Deposition Notice, And Request For Sanctions
1
2 L INTRODUCTION
3 Plaintiff, SAJIDA ZAMAN (Plaintiff) and her counsel are refusing to produce Plaintiff
4 to complete her deposition and have not yet produced records admittedly in Plaintiffs possession,
5 and promised on the record, under oath, that they would be provided to defense counsel.
6 On May 10, 2022, Defendant Liqui-Box Corporation ("Defendant") served notice to
7 Plaintiff to appear for a deposition and produce records at the deposition set for May 23, 2022.
8 (Declaration of James T. Jones "Jones Decl. T[ 2 and Exh. A.) Plaintiffs counsel objected to the
9 noticed date but failed to offer altemative dates and ignored all subsequent requests by defense
10 counsel. {Id. at 12 and Exh. B.)
11 On June 17, 2022, having not heard from Plaintiffs counsel regarding altemative dates,
12 Defendant served an Amended Notice of Deposition for Plaintiff to testify and produce
13 documents on June 27, 2022. (Jones Decl. \1> and Exh. C.) Plaintiff subsequently agreed to
14 appear on June 28, 2022 instead. (/J. at p and Exh. D.) Defendant served an Amended Notice
15 for Plaintiffs appearance and Request for Production of Documents on June 29, 2022. {Id. at T|4
16 and Exh. E.)
17 On June 28, 2022, Plaintiff appeared- one hour late-and failed to produce any documents
18 responses to the document demands included in the Amended Notice of Deposition and Request
19 for Production of Documents. (Jones Decl. T[5.) Plaintiff testified in deposition she had no prior
20 knowledge that documents were requested. {Id. at Tf5 and Exh. F.) Also, during Plaintiffs
21 deposition, Plaintiff testified that she was in possession of documents responsive to the requests
22 listed in the deposition notice. {Id. at |5 and Exh. G) Plaintiffs deposition adjoumed at 5:02 p.m.
23 but progress was unusually slow because Plaintiff required assistance of an Urdu language
24 interpreter and the disruptive behavior of Plaintiffs counsel. {Id. at TI5.)
25 Following the June 28, 2022 appearance. Defense Counsel repeatedly sought a new date
26 from Plaintiffs Counsel to continue and conclude Plaintiffs testimony and capture responsive
27 documents; however. Plaintiffs Counsel has repeatedly ignored the requests. (Jones Decl. ^[6.)
28 ///
2
Memo of Points and Authorities ISO Motion to Compel PlaintifTs Appearance At Deposition To Continue And
Complete Deposition Testimony, To Produce Records Demanded In Deposition Notice, And Request For Sanctions
1 On July 5, 2022, Defense Counsel served a Notice of Continued Deposition Testimony of
2 Plaintiff and Request for Production of Documents, for deposition and production on July 18,
3 2022. (Jones Decl. ^7 and Exh. H.) Plaintiffs Counsel objected to the Notice of Continued
4 Deposition. {Id. at | 7 and Exh. I.) Thereafter and to present date. Plaintiffs Counsel has
5 repeatedly failed to meet and confer regarding both on the date for continued deposition
6 testimony ofPlaintiff and production of documents. {Id. at
7 n. L E G A L ANALYSIS
8 A. Defendant May Move for an Order Compelling Plaintiffs Deposition
9 Should Plaintiff Not Submit to Deposition
10 Code of Civil Procedure section 2025.450(a) states
11 (a) If, after service of a deposition notice, a party to the action or an
officer, director, managing agent, or employee of a party, or a
^2 person designated by an organization that is a party under Section
2025.230, without having served a valid objection under Section
13 2025.410, fails to appear for examination, or to proceed with it, or
to produce for inspection any document, electronically stored
14 information, or tangible thing described in the deposition notice, the
party giving the notice may move for an order compelling the
15 deponent's attendance and testimony, and the production for
inspection of any document, electronically stored information, or
16 tangible thing described in the deposidon notice.
17 Plaintiff has not served any valid objection to compelling her deposition and has failed to
18 produce any responsive documents that Defendant described with particularity to produce in the
19 deposition notice, despite the fact Plaintiff testified to having possession. (Jones Decl. at ^7 and
20 Exh. I.) Plaintiff has not yet offered any date to complete the deposition. {Id. at Defendant
21 attempted to meet and confer with Plaintiffs Counsel to ho avail. {Ibid.)
22 Defendant has a compelling need for Plaintiff to appear at her continued deposition and
23 provide truthful testimony regarding the facts and allegations alleged, and to produce responsive
24 documents that she failed to produce but testified to having possession of on July 28, 2022.
25 (Jones Decl. at T|8.) To adequately prepare its defense. Defendant is entitled to investigate (1)
26 whether Plaintiff is seeking double recovery for her alleged injuries; (2) what information
27 Plaintiff has provided to other persons, potential witnesses, made in complaints, or provided in
28 documentation; and (3) Plaintiffs truthfulness and credibility. (Ibid.)
3
Memo of Points and Authorities ISO Motion to Compel Plaintiffs Appearance At Deposition To Continue And
Complete Deposition Testimony, To Produce Records Demanded In Deposition Notice, And Request For Sanctions
1 If Plaintiff is not compelled to appear and complete her deposition and produce responsive
2 documents to the Request for Production of Documents in the Notice of Deposition, Defendant
3 will suffer irreparable harm and be prejudiced in its defense of the allegations made against it.
4 (Jones Decl. at ^9.) Altematively, if Plaintiff refuses to complete her deposition and produce
5 responsive documents, she should be precluded from offering testimony at trial on any subjects
6 she was not questioned on in the first session of her deposition. (Ibid.)
7 III. CONCLUSION
8 For the reasons set forth above. Defendant requests that the Court order Plaintiff to appear
9 for the completion of her deposition and produce the documents requested.
10 Dated: August 24, 2022 JACKSON LEWIS P.C.
11 /jn^/v-^
By:_
12 JAMES T. JONES
13 Attomeys for Defendant
j4 LIQUI-BOX CORPORATION
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Memo of Points and Authorities ISO Motion to Compel PlaintifPs Appearance At Deposition To Continue And
Complete Deposition Testimony, To Produce Records Demanded In Deposition Notice, And Request For Sanctions
1 PROOF OF S E R V I C E
2 I am employed in the County of Sacramento, State of Califomia. I am over the age of
eighteen years and not a party to the within action; my business address is Jackson Lewis P.C,
3 400 Capitol Mall, Suite 1600, Sacramento, Califomia 95814.
4 On August 24, 2022,1 served the within:
5 MEMORANDUM OF POINTS AND AUTHORITIES FOR MOTION TO COMPEL
PLAINTIFF SAJIDA ZAMAN'S APPEARANCE AT DEPOSITION TO CONTINUE AND
6 C O M P L E T E DEPOSITION TESTIMONY, TO PRODUCE RECORDS DEMANDED IN
DEPOSITION NOTICE, AND REQUEST FOR SANCTIONS
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on all interested parties in said action, through their attomeys of record as listed below, by placing
8 a tme and correct copy thereof, addressed as shown below, by the following means:
9 Q PERSONAL SERVICE - by causing personal delivery of a true and correct copy
thereof to the person at the address set forth below, in accordance with Code of Civil
10 Procedure section 1011(a).
11 r~] M A I L - by placing a tme and correct copy thereof enclosed in a sealed envelope with
postage thereon fully prepaid for deposit in the United States Post Office mailbox, at
12 my business address shown above, following Jackson Lewis P.C.'s ordinary business
practices for the collection and processing of mail, of which I am readily familiar, and
13 addressed as set forth below. On the same day correspondence is placed for collection
and mailing, it is deposited in the ordinary course of business with the United States
14 Postal Service.
15 Q OVERNIGHT DELIVERY - by depositing a true and correct copy thereof enclosed
in a sealed envelope with delivery fees thereon fully prepaid in a box or other facility
16 regularly maintained by UPS or delivering to an authorized courier or driver
authorized by UPS to receive documents, addressed as set forth below.
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[X] E-MAIL OR ELECTRONIC TRANSMISSION - Based on Califomia Code of Civil
18 Procedure Section 1010.6(e)(l)(2), I caused the document(s) described above to be
sent from e-mail address kellv.asano@iacksonlewis.com to the person(s) at the e-mail
19 address(es) listed below. I did not receive, within a reasonable time after the
transmission, any electronic message or other indication that the transmission was
20 unsuccessful.
21 Joshua F. Falakassa (SBN 295045) Arash S. Khosrowshahi (SBN 293246)
FALAKASSA LAW, P.C. LIBERTY MAN LAW, P.C.
22 1901 Avenue of the Stars, Suite 450 1010 F Street, Suite 300
Los Angeles, CA 90067 Sacramento, CA 95814
23 Telephone: (818)456-6168 Telephone: (916)573-0469
Facsimile: (888)505-0868 Facsimile: (866)700-0787
24 Email: Josh@,Falakassalaw.com Email: ash@,libertvmanlaw.com
25 I declare under penalty of perjury under the laws of the State of Califomia that the
2g foregoing is tme and correct, and that this declaration was executed on August 24, 2022 at
Sacramento, Califomia.
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Kelly Asano
28 4858-7112^271, V. 1
PROOF OF SERVICE
I JACKSON LEWIS P.C.
JAMES T. JONES (SBN 167967)
2 400 Capitol Mall, Suite 1600
Sacramento, Califomia 95814
3 Telephone: (916)341-0404
Facsimile: (916)341-0141
4 Email: james.jones(a),jacksonlewis.com
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Attomeys for Defendant
6 LIQUI-BOX CORPORATION
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10 SAJIDA ZAMAN, CASE NO. 34-2019-00252121-CU-WT-GDS
11 Plaintiff, DECLARATION OF JAMES T. JONES
IN SUPPORT OF MOTION TO COMPEL
12 vs. PLAINTIFF SAJIDA ZAMAN'S
APPEARANCE AT DEPOSITION TO
13 CONTINUE AND C O M P L E T E
LIQUI-BOX CORPORATION, and DOES DEPOSITION TESTIMONY, TO
14 through 20, inclusive. PRODUCE RECORDS DEMANDED IN
DEPOSITION NOTICE, AND REQUEST
15 Defendants. FOR SANCTIONS
16 Date:
Time:
17 Dept: 53
Reservation No.
18
Complaint Filed: March 8, 2019
19 Trial Date: September 12, 2022
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DECLARATION OF JONES ISO MTC PLAINTIFF'S APPEARANCE AT DEPOSITION AND TO PRODUCE
RECORDS DEMANDED IN DEPOSITION NOTICE
1 DECLARATION OF JAMES T. JONES
2 I, James T. Jones, declare:
3 1. I am an attomey at law duly licensed to practice law in the State of Califomia and
4 before this Court. I am a Principal in the law firm of Jackson Lewis, P.C, attomeys of record for
5 Liqui-Box Corporation ("Defendant"). I have personal knowledge of the following facts and, i f
6 called and swom as a witness, could and would competently testify thereto.
7 2. On May 10, 2022, Defendant Liqui-Box Corporation ("Defendant") served notice
8 to Plaintiff to appear for a deposition and produce records at the deposition set for May 23, 2022.
9 A true and correct copy of the Notice of Deposition and Request for Production of Documents at
10 Deposition on May 23, 2022 is attached hereto as Exhibit A.) Plaintiffs counsel objected to the
11 noticed date but failed to offer altemative dates and ignored all subsequent requests by defense
12 counsel. (A tme and correct copy of Plaintiffs Objection to Defendant's Notice of Deposition
13 and Request for Production of Documents at Deposition on May 23, 2022 is attached hereto as
14 Exhibit B.)
15 3. On June 17, 2022, having not heard from Plaintiffs counsel regarding altemative
16 dates, Defendant served an Amended Notice of Deposition for Plaintiff to testify and produce
17 documents on June 27, 2022. (A tme and correct copy of the Amended Notice of Deposition and
18 Request for Production of Documents at Deposition on June 27, 2022 is attached hereto as
19 Exhibit C.) Plaintiff subsequently offered to appear on June 28, 2022 instead. (A tme and
20 correct copy of Plaintiffs email indicating she would appear on June 28, 2022 is attached hereto
21 as Exhibit D.)
22 4. Defendant served an Amended Deposition Notice, confirming the date for
23 deposidon and production would be on June 28, 2022. (A true and correct copy of the Amended
24 Notice of Deposition and Request for Production of Documents at Deposition on June 28, 2022,
25 is attached hereto as Exhibit E.)
26 5. On June 28, 2022, Plaintiff appeared- one hour late-and failed to produce any
27 documents responses to the document demands included in the Amended Notice of Deposition
28 and Request for Production of Documents. Plaintiff testified in deposition she had no prior
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DECLARATION OF JONES ISO MTC PLAINTIFF'S APPEARANCE AT DEPOSITION AND TO PRODUCE
RECORDS DEMANDED IN DEPOSITION NOTICE
1 knowledge that documents were requested. (Tme and correct copies of the excerpt deposition
2 tesdmony is attached hereto as Exhibit F.) Also, during Plaintiffs deposition. Plaintiff testified
3 that she was in possession of documents responsive to the requests listed in the deposition notice.
4 (Tme and correct copies of the excerpt deposition testimony is attached hereto as Exhibit G.)
5 Plaintiffs deposition adjoumed at 5:02 p.m. but progress was unusually slow because Plaintiff
6 required assistance of an Urdu language interpreter and the disruptive behavior of Plaintiffs
7 counsel.
8 6. Following the June 28, 2022 appearance. Defense Counsel repeatedly sought a
9 new date from Plaintiffs Counsel to continue and conclude Plaintiffs testimony and capture
10 responsive documents; however. Plaintiffs Counsel has repeatedly ignored the requests.
11 7. On July 5, 2022, Defense Counsel served a Notice of Continued Deposition
12 Testimony of Plaintiff and Request for Production of Documents, for deposition and production
13 on July 18, 2022. (A true and correct copy of the Notice of Continued Deposition and Request
14 for Production of Documents at Deposition on July 18, 2022 is attached hereto as Exhibit H.)
15 Plaintiffs Counsel objected to the Nodce of Continued Deposition. (A true and correct copy of
16 Plaintiffs Objection to Defendant's Notice of Condnued Deposition is attached hereto as Exhibit
17 I.) Thereafter and to present date. Plaintiffs Counsel has repeatedly failed to meet and confer
18 regarding both on the date for continued deposition testimony of Plaintiff and production of
19 documents.
20 8. Defendant has a compelling need for Plaintiff to appear at her continued
21 deposition and provide tmthful testimony regarding the facts and allegations alleged, and to
22 produce responsive documents that she failed to produce but testified to having possession of on
23 July 28, 2022. To adequately prepare its defense. Defendant is entitled to investigate (1) whether
24 Plaintiff is seeking double recovery for her alleged injuries; (2) what information Plaintiff has
25 provided to other persons, potential witnesses, made in complaints, or provided in documentation;
26 and (3) Plaintiffs truthfulness and credibility.
27 9. If Plaintiff is not compelled to appear and complete her deposition and produce
28 responsive documents to the Request for Production of Documents in the Notice of Deposition,
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DECLARATION OF JONES ISO MTC PLAINTIFF'S APPEARANCE AT DEPOSITION AND TO PRODUCE
RECORDS DEMANDED IN DEPOSITION NOTICE
1 Defendant will suffer irreparable harm and be prejudiced in its defense of the allegations made
2 against it. Altematively, if Plaintiff refuses to complete her deposition and produce responsive
3 documents, she should be precluded from offering testimony at trial on any subjects she was not
4 questioned on in the first session of her deposition.
5 I declare under penalty of perjury that the foregoing is true and correct. This declaration
6 was executed pursuant to the laws of the State of Califomia on August 24, 2022 in Sacramento,
7 Califomia. : fj
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JAMES T. JONES
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DECLARATION OF JONES ISO MTC PLAINTIFF'S APPEARANCE AT DEPOSITION AND TO PRODUCE
RECORDS DEMANDED IN DEPOSITION NOTICE
1 PROOF OF S E R V I C
Preview
FlLED/ENDORSED 1 JACKSON LEWIS P.C. AUG 2 h 2022 JAMES T. JONES (SBN 167967) 2 400 Capitol Mall, Suite 1600 By:. p. Vue Sacramento, Califomia 95814 Deput)' Clerk Telephone: (916)341-0404 Facsimile: (916)341-0141 Email: iames.iones@iacksonlewis.com Attomeys for Defendant LIQUI-BOX CORPORATION SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SACRAMENTO 10 SAJIDA ZAMAN, CASE NO. 34-2019-00252121-CU-WT-GDS 11 Plaintiff, DEFENDANT LIQUI-BOX CORPORATION'S NOTICE OF HEARING, 12 vs. MEMORANDUM OF POINTS AND AUTHORITIES, DECLARATION OF 13 JAMES T. JONES; AND [PROPOSED] LIQUI-BOX CORPORATION, and DOES ORDER IN SUPPORT OF E X PARTE 14 through 20, inclusive. APPLICATION FOR ORDER SHORTENING TIME TO HEAR DEFENDANT'S MOTION 15 Defendants. TO COMPEL PLAINTIFF TO APPEAR FOR DEPOSITION AND PRODUCE 16 RESPONSIVE DOCUMENTS TO DEFENDANT'S REQUEST FOR 17 PRODUCTION OF DOCUMENTS AT DEPOSITION 18 Date: August 25, 2022 19 Time: 9:15 a.m. Dept: 53 20 Complaint Filed: March 8, 2019 21 Trial Date: September 12, 2022 22 /// 23 /// BY FAX 24 /// 25 /// 26 /// 27 /// 28 /// 1 Liqui-Box Corporation's Notice of Hearing, MPA, Decl of Jones; and [Proposed] Order ISO Ex Parte App For OST to Hear Motion To Compel PI. to Appear For Depo and Produce Responsive Documents At Deposition 1 NOTICE OF DEFENDANT'S E X PARTE APPLICATION FOR ORDER SHORTENING TIME TO HEAR DEFENDANT'S MOTION TO COMPEL PLAINTIFF 2 TO APPEAR FOR DEPOSITION AND PRODUCE RESPONSIVE DOCUMENTS TO DEFENDANT'S REOUEST FOR PRODUCTION OF DOCUMENTS AT DEPOSITION 3 4 TO PLAINTIFF SAJIDA ZAMAN AND HER ATTORNEYS OF RECORD: 5 NOTICE IS HEREBY GIVEN that, on August 25, 2022 at 9:15 a.m.. Defendant Liqui- 6 Box ("Defendant") will move, ex parte, for an Order Shortening Time to Hear Defendant's 7 Motion to Compel Plaintiff to Appear for Deposition and Produce Responsive Documents to 8 Defendant's Request for Production of Documents at Deposition. 9 The motion is based on this Application and supporting Memorandum of Points and 10 Authorities, and the Declaration of James T. Jones (with exhibits thereto) fded herewith; the 11 complete files and records in this action; and such other oral and documentary evidence, 12 including any exhibits or evidence of which the court is requested to take judicial notice, that may 13 be presented to the court in support of this Applicadon up to and including the time of the hearing 14 on this Application. 15 Dated: August 24, 2022 JACKSON LEWIS P.C. 16 17 By: JAMES T. JONES 18 19 Attomeys for Defendant LIQUI-BOX CORPORATION 20 21 22 23 24 25 26 27 28 Liqui-Box Corporation's Notice of Hearing, MPA, Decl of Jones; and [Proposed] Order ISO Ex Parte App For OST to Hear Motion To Compel PI. to Appear For Depo and Produce Responsive Documents At Deposition 1 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME 2 TO HEAR DEFENDANT'S MOTION TO COMPEL PLAINTIFF TO APPEAR FOR DEPOSITION AND PRODUCE RESPONSIVE DOCUMENTS TO 3 DEFENDANT'S REOUEST FOR PRODUCTION OF DOCUMENTS AT DEPOSITION 4 I. INTRODUCTION AND PERTINENT FACTS 5 Defendant Liqui-Box Corporation ("Defendant") applies ex parte for an order shortening 6 time to hear Defendant's Motion to Compel Plaintiff to Appear for Deposition and Produce 7 Responsive Documents to Defendant's Request for Production of Documents at Deposition 8 because Plaintiff and her counsel are refusing to produce Plaintiff to complete her deposition and 9 Plaintiff and her counsel refuse to produce records admittedly in Plaintiffs possession, which she 10 stated under oath she would provide to defense counsel. (Declaration of James T. Jones "Jones 11 Decl." at 2.) This case is set for trial to commence on September 12, 2022. (Jones Decl. at T| 3.) 12 Defendant faces irreparable harm if it is not afforded the opportunity to argue the motion 13 which goes to the heart of relevant and material evidence. (Jones Decl. at 4.) Without allowing 14 Defendant the ability to complete Plaintiffs deposition and review responsive documents in the 15 Request for Production of Documents at Deposition, Defendant would suffer irreparable harm 16 and jeopardize its ability to present a defense fully on the merits. (Ibid.) 17 On August 24, 2022, at 7:58 a.m., counsel for Defendants provided notice of this ex parte 18 application via e-mail. (Jones Decl. at ^ 5 and Exh. A.) Good cause to grant the application is set 19 forth in the accompanying Declaration of James Jones. 20 II. LAW AND ARGUMENT 21 Defendant Faces Irreparable Harm i f Defendant's Motion to Compel Plaintiff to Appear 22 for Deposition and Produce Responsive Documents to Defendant's Request for Production of 23 Documents at Deposition is Not Heard Prior to Trial. 24 Local Rule 2.35, section B, states in pertinent part: 25 (B) Except by order of the court, upon a showing of good cause, all ex parte applications seeking a hearing on shortened time shall 26 provide for opposition papers to be fded and served five court days and reply papers to be filed and served two court days prior to the 27 hearing date. Upon a showing of good cause, the court, in its discretion, may order a shorter time or that there be no reply, but in 28 no event shall the last paper be filed later than 9:00 a.m. two court days before the hearing. The moving papers must be accompanied 3 Liqui-Box Corporation's Notice of Hearing, MPA, Decl of Jones; and [Proposed] Order ISO Ex Parte App For OST to Hear Motion To Compel PI. to Appear For Depo and Produce Responsive Documents At Deposition 1 by a copy of the proposed order and all papers, including those subsequently filed regarding the application, must indicate on the 2 caption page that the matter was brought on an order shortening time with specific indication of the date of the order and the name 3 of the judge. 4 An Ex parte application requires an "affirmative factual showing in a declaration 5 containing competent testimony based on personal knowledge of irreparable harm, immediate 6 danger, or any other statutory basis for granting relief ex parte." (Califomia Rules of Court, Rule 7 3.1202.) Courts must abide by the guiding principle of deciding cases on the merits, and when 8 two policies of judicial efficiency and deciding cases on the merits "collide head-on, the strong 9 public policy favoring disposition on the merits outweighs the competing policy favoring judicial 10 efficiency." (Chavez v. 24 Hour Fitness USA, Inc. (2015) 238 Cal.App.4th 632, 644.) 11 Pursuant to Code of Civil Procedure section 2024.030, "[a]ny party shall be entitled as a 12 matter of right to complete discovery proceedings pertaining to a witness identified under 13 Chapter 18 (commencing with Section 2034.010) on or before the 15th day, and to have motions 14 conceming that discovery heard on or before the 10th day, before the date initially set for the trial 15 of the action." 16 This case is set for trial to commence on September 12, 2022. (Jones Decl. at 3.) To no 17 avail. Defendant has repeatedly attempted to meet and confer with Plaintiffs Counsel to arrange a 18 date and time where Plaintiff would appear for and complete her deposition and produce 19 responsive documents to the Request for Production of Documents at deposition. (Id. at ^6.) 20 With trial nearing very quickly. Defendant was forced to file this as an Ex Parte Application. 21 {Ibid.) 22 Failure to hear the Motion on an expedited timeline will result in irreparable harm and 23 prejudice to Defendant. (Jones Decl. at | 7.) I f the Motion is not heard on shortened time, 24 Defendant will not be able to complete the deposition of Plaintiff or have the infonnation 25 contained within the documents that are responsive to the document demands in her deposition 26 notice, and which Plaintiff testified she has in her possession and would be producing. {Ibid.) 27 /// 28 /// Liqui-Box Corporation's Notice of Hearing, MPA, Decl of Jones; and [Proposed] Order ISO Ex Parte App For OST to Hear Motion To Compel PI. to Appear For Depo and Produce Responsive Documents At Deposition 1 As such. Defendant respectfully request the Court to hear this Motion on shortened time, 2 on or before September 2, 2022, with Plaintiffs Opposition papers to be filed and served as the 3 Court deems appropriate. Defendant waives its right to a Reply brief. 4 HI. CONCLUSION 5 As set forth above, for good cause. Defendant respectfully request the Court to issue an 6 order shortening time to hear Defendant's Motion to Compel Plaintiff to Appear for Deposition 7 and Produce Responsive Documents to Defendant's Request for Production of Documents at 8 Deposition. 9 Dated: August 24, 2022 JACKSON LEWIS P.C. 10 By: ,(/ ^ 11 JAMES T. JONES 12 Attomeys for Defendant LIQUI-BOX CORPORATION 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Liqui-Box Corporation's Notice of Hearing, MPA, Decl of Jones; and [Proposed] Order ISO Ex Parte App For OST to Hear Motion To Compel PI. to Appear For Depo and Produce Responsive Documents At Deposition 1 DECLARATION OF JAMES T. JONES 2 IN SUPPORT OF DEFENDANTS' E X PARTE APPLICATION 3 I, James T. Jones, declare and state as follows: 4 1. I am an attomey at law duly licensed to practice in all courts of the State of 5 Califomia. I am a principal in the law firm of Jackson Lewis P.C, attomeys of record for 6 Defendant Liqui-Box Corporation ("Defendants") in the above-captioned action. I have personal 7 knowledge of the matters set forth below, and i f called upon as a witness, I could and would 8 competently testify as follows. 9 2. Defendant applies ex parte for an order shortening time to hear Defendant's 10 Motion to Compel Plaintiff to Appear for Deposition and Produce Responsive Documents to 11 Defendant's Request for Production of Documents at Deposition because Plaintiff and her 12 counsel are refusing to produce Plaintiff to complete her deposition and Plaintiff and her counsel 13 have not yet produced records admittedly in Plaintiffs possession, and promised on the record, 14 under oath, that they would be provided to defense counsel.. 15 3. This case is set for trial to commence on September 12, 2022. 16 4. Defendant faces irreparable harm i f it is not afforded the opportunity to argue the 17 motion which goes to the heart of relevant and material evidence. Without allowing Defendant 18 the ability to complete Plaintiffs deposition and review responsive documents in the Request for 19 Production of Documents at Deposition, Defendant would suffer irreparable harm and jeopardize 20 its ability to present a defense fully on the merits. 21 5. On August 24, 2022, at 7:58 a.m., counsel for Defendants provided notice of this 22 fi-JC parte application via e-mail. Counsel for Plaintiff advised that he would appear and oppose 23 the ex parte application. (A tme and correct copy of the e-mail chain is attached hereto as 24 Exhibit A ). 25 6. To no avail. Defendant has repeatedly attempted to meet and confer with 26 Plaintiffs Counsel to arrange a date and time where Plaintiff would appear for and complete her 27 deposition and produce responsive documents to the Request for Production of Documents at 28 /// Liqui-Box Corporation's Notice of Hearing, MPA, Decl of Jones; and [Proposed] Order ISO Ex Parte App For OST to Hear Motion To Compel PI. to Appear For Depo and Produce Responsive Documents At Deposition 1 deposition. With trial nearing very quickly. Defendant was forced to file this as an Ex Parte 2 Application. 3 7. Failure to hear the Motion on an expedited timeline will result in irreparable harm 4 and prejudice to Defendant. If the Motion is not heard on shortened time, Defendant will not be 5 able to complete the deposition of Plaintiff or have the information contained within the 6 responsive documents to which Plaintiff testified she has in her possession and therefore be 7 prejudiced in defending the allegations against it. 8 8. Attached as Exhibit B is a tme and correct copy of Defendant's Motion to Compel 9 Plaintiff to Appear for Deposition and Produce Responsive Documents to Defendant's Request 10 for Production of Documents at Deposition. 11 9. For the following reasons, this motion could not be brought earlier. The attomey 12 initially assigned to handle the matter with me, Kelsey Morris, began a leave of absence on July 13 1, 2022, two weeks earlier than expected, and as a result, work that had been assigned to her was 14 unfinished at the time she began her early leave. The attomey who was to replace Ms. Morris 15 was Nolan Kessler, but Mr. Kessler left the firm on June 24, 2022, and I again began to search for 16 an available replacement. Attomey Benjamin Mains was assigned to assist but became 17 unavailable unexpectedly due to medical reasons on August 7, 2022. Mr. Mains retumed from 18 his medical absence and resumed his assignment on the matter but had a recurrence that once 19 again took him off the case. I then began searching for an attomey to replace Mr. Mains as he 20 will no longer be assisting on this case. As of this time, no one has been assigned. I have been 21 responding to numerous motions filed by Plaintiff without the assistance of an Associate Attorney 22 assigned to primarily manage the case with me. This has resulted in an extremely heavy 23 workload over the past months while I have also been conducting depositions in this case without 24 significant assistance, responding to discovery, drafting reply papers related to the summary 25 judgment motion filed herein, attending hearings and the Mandatory Settlement Conference, and 26 trying to manage other cases. The demands of my workload have not permitted me to move more 27 quickly to compel Plaintiff to comply with her discovery obligations. 28 Liqui-Box Corporation's Notice of Hearing, MPA, Decl of Jones; and [Proposed] Order ISO Ex Parte App For OST to Hear Motion To Compel PI. to Appear For Depo and Produce Responsive Documents At Deposition 1 I declare under penalty of perjury under the laws of the State of Califomia that the 2 foregoing is true and correct. 3 Executed August 24, 2022, in Sacramento, Califomia. 4 5 JAMES T. JONES 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 Liqui-Box Corporation's Notice of Hearing, MPA, Decl of Jones; and [Proposed] Order ISO Ex Parte App For OST to Hear Motion To Compel PI. to Appear For Depo and Produce Responsive Documents At Deposition EXHIBIT A Asano^tell^I^^Sacrament^ From: Arash Khosrowshahi Sent: Wednesday, August 24, 2022 7:59 AM To: Jones, James T. (Sacramento) Cc: Joshua Falakassa; Kasra Torabi; Asano, Kelly H. (Sacramento); Sims, Mandy L (Sacramento); Mitsuk, Gisele (Sacramento) Subject: Re: Ex parte application hearing for tomorrow - Zaman v. Liqui-Box [EXTERNAL SENDER] We will appear and will oppose. Please send us your ex parte papers. Regards, Arash "Ash" Khosrowshahi, Esq. (he/him) Liberty Man Law, P.C. 1010 F Street, Ste. 300 Sacramento, CA 95814 Tel.: (916) 573-0469 Fax: (866) 700-0787 ash(gilibertymanlaw.com www.libertymanlaw.com "The victorious win and then go to war, the defeated go to war and then seek to win." ~ Sun Tzu CONFIDENTIAL NOTICE: This email and any files transmitted with it are confidential and intended solely for the use o f t h e Individual or entity to whom they are addressed. If you have received this email in error please notify the sender. This message contains confidential information and is intended only for the individual named. I f y o u are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender Immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the Intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. On Wed, Aug 24, 2022 at 7:58 AM Jones, James T. (Sacramento) wrote: Counsel, We have set two ex parte hearings for tomorrow morning, Friday August 25, 2022, at 9 a.m. and 9:15 a.m. in Department 53. We will be asking the Court for: (1) an order advancing the hearing date on Defendant's motion to accept Defendant's expert witness designation as sufficient and allowing Defendant's disclosed experts to testify (presently set to be heard on October 20), so that the hearing on that motion will occur in advance of trial on a date deemed appropriate by the Court; and (2) granting an order shortening time for a motion compelling Plaintiff to complete her deposition and produce the records she was required to produce at her deposition. Please let us know if you intend to oppose and i f y o u intend to appear. James T. Jones e Attorney at Law Jackson Lewis P.C. 400 Capitol Mall Suite 1600 Sacramento, CA 95814 Direct: (916) 288-3020 | Main: (916) 341-0404 James.Jones(S).iacksonlewis.com | www.iacksonlewis.com EXHIBIT B 1 JACKSON LEWIS P.C. JAMES T. JONES (SBN 167967) 2 400 Capitol Mall, Suite 1600 Sacramento, Califomia 95814 3 Telephone: (916)341-0404 Facsimile: (916)341-0141 4 Email: james.iones(a),iacksonlewis.com Email: mandy.sims(a),iacksonlewis.com 5 Attomeys for Defendant 6 LIQUI-BOX CORPORATION 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 SAHDA ZAMAN, CASE NO. 34-2019-00252121-CU-WT-GDS 11 Plaintiff, DEFENDANT LIQUI-BOX CORPORATION'S NOTICE OF 12 vs. MOTION AND MOTION TO COMPEL PLAINTIFF SAJIDA ZAMAN'S 13 APPEARANCE AT DEPOSITION TO LIQUI-BOX CORPORATION, and DOES CONTINUE AND C O M P L E T E 14 through 20, inclusive. DEPOSITION TESTIMONY, TO PRODUCE RECORDS DEMANDED IN 15 Defendants. DEPOSITION NOTICE, AND REQUEST FOR SANCTIONS 16 Date: 17 Time: Dept: 53 18 Reservation No. 19 Complaint Filed: March 8,2019 20 Trial Date: September 12, 2022 21 22 23 24 25 26 27 28 1 Liqui-Box Corporation's Notice of Motion and Motion to Compel PlaintifPs Appearance at Deposition and to Produce Records Demanded In Deposition Notice 1 NOTICE OF MOTION AND MOTION 2 NOTICE IS HEREBY GIVEN that on 2022, at or as soon thereafter 3 as the matter may be heard, in Department 53 of this court, located at the Hall of Justice, 813 6**^ 4 Street, Sacramento, Califomia, 95814, Defendant Liqui-Box Corporation will, and hereby foes, 5 move for an order compelling Plaintiff Sajida Zaman's Appearance at Deposition to Continue and 6 Complete Deposition Testimony, to Produce Records Demanded in Deposition Notice. 7 This Motion is made pursuant to Califomia Code of Civil Procedure sections 2023.010, 8 2023.030, and 2030.300, and on the grounds that Plaintiffs responses to the interrogatories and 9 requests at issue are incomplete and assert meritless objections. 10 Pursuant to Local Rule 1.06 (A), the court will make a tentative mling on the merits of 11 this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative 12 mlings for the department may be downloaded off the court's website. If the party does not have 13 online access, they may call the dedicated phone number for the department as referenced in the 14 local telephone directory between the hours of 2:00 p.m. and 4:00 p.m. on the court day before 15 the hearing and receive the tentative mling. Ifyou do not call the court and the opposing party by 16 4:00 p.m. the court day before the hearing, no hearing will be held. 17 Dated: August 24, 2022 JACKSON LEWIS P.C. ,8 (j 19 By:_ii JAMES T. JONES 20 Attomeys for Defendant 21 LIQUI-BOX CORPORATION 22 23 24 25 26 27 28 Liqui-Box Corporation's Notice of Motion and Motion to Compel Plaintiffs Appearance at Deposition and to Produce Records Demanded In Deposition Notice 1 PROOF OF S E R V I C E 2 I am employed in the County of Sacramento, State of Califomia. I am over the age of eighteen years and not a party to the within action; my business address is Jackson Lewis P.C, 3 400 Capitol Mall, Suite 1600, Sacramento, Califomia 95814. 4 On August 24, 2022,1 served the within: 5 DEFENDANT LIQUI-BOX CORPORATION'S NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF SAJIDA ZAMAN'S APPEARANCE AT DEPOSITION TO 6 CONTINUE AND C O M P L E T E DEPOSITION TESTIMONY, TO PRODUCE RECORDS DEMANDED IN DEPOSITION NOTICE, AND REQUEST FOR SANCTIONS 7 on all interested parties in said action, through their attomeys of record as listed below, by placing 8 a tme and correct copy thereof, addressed as shown below, by the following means: 9 r~j PERSONAL SERVICE - by causing personal delivery of a tme and correct copy thereof to the person at the address set forth below, in accordance with Code of Civil 10 Procedure section 1011(a). 11 Q M A I L - by placing a tme and correct copy thereof enclosed in a sealed envelope with postage thereon fully prepaid for deposit in the United States Post Office mailbox, at 12 my business address shown above, following Jackson Lewis P.C.'s ordinary business practices for the collection and processing of mail, of which I am readily familiar, and 13 addressed as set forth below. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States 14 Postal Service. 15 Q OVERNIGHT DELIVERY - by depositing a true and correct copy thereof enclosed in a sealed envelope with delivery fees thereon fully prepaid in a box or other facility 16 regularly maintained by UPS or delivering to an authorized courier or driver authorized by UPS to receive documents, addressed as set forth below. 17 [X| E-MAIL OR ELECTRONIC TRANSMISSION - Based on Califomia Code of Civil 18 Procedure Section 1010.6(e)(l)(2), 1 caused the document(s) described above to be sent from e-mail address kelly.asano(a}jacksonlewis.com to the person(s) at the e-mail 19 address(es) listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was 20 unsuccessful. 21 Joshua F. Falakassa (SBN 295045) Arash S. Khosrowshahi (SBN 293246) FALAKASSA LAW, P.C. LIBERTY MAN LAW, P.C. 22 1901 Avenue of the Stars, Suite 450 1010 F Street, Suite 300 Los Angeles, CA 90067 Sacramento, CA 95814 23 Telephone: (818)456-6168 Telephone: (916)573-0469 Facsimile: (888)505-0868 Facsimile: (866)700-0787 24 Email: Josh@,Falakassalaw.com Email: ash@,libertvmanlaw.com I declare under penalty of perjury under the laws of the State of Califomia that the 2g foregoing is tme and correct, and that this declaration was executed on August 24, 2022 at Sacramento, Califomia. 27 Kelly Asano 28 4882-8606-0335, v. 1 PROOF OF SERVICE 1 JACKSON LEWIS P.C. JAMES T. JONES (SBN 167967) 2 400 Capitol Mall, Suite 1600 Sacramento, Califomia 95814 3 Telephone: (916)341-0404 Facsimile: (916)341-0141 4 Email: james.iones(a),iacksonlewis.com 5 Attomeys for Defendant 6 LIQUI-BOX CORPORATION 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 SAHDA ZAMAN, CASE NO. 34-2019-00252121-CU-WT-GDS 11 Plaintiff, MEMORANDUM OF POINTS AND AUTHORITIES FOR MOTION TO 12 vs. COMPEL PLAINTIFF SAJIDA ZAMAN'S APPEARANCE AT 13 DEPOSITION TO CONTINUE AND LIQUI-BOX CORPORATION, and DOES COMPLETE DEPOSITION 14 through 20, inclusive. TESTIMONY, TO PRODUCE RECORDS DEMANDED IN DEPOSITION NOTICE, 15 Defendants. AND REQUEST FOR SANCTIONS 16 Date: Time: 17 Dept: 53 Reservation No. 18 19 Complaint Filed: March 8, 2019 Trial Date: September 12, 2022 20 21 22 23 24 25 26 27 28 1 Memo of Points and Authorities ISO Motion to Compel PlaintifTs Appearance At Deposition To Continue And Complete Deposition Testimony, To Produce Records Demanded In Deposition Notice, And Request For Sanctions 1 2 L INTRODUCTION 3 Plaintiff, SAJIDA ZAMAN (Plaintiff) and her counsel are refusing to produce Plaintiff 4 to complete her deposition and have not yet produced records admittedly in Plaintiffs possession, 5 and promised on the record, under oath, that they would be provided to defense counsel. 6 On May 10, 2022, Defendant Liqui-Box Corporation ("Defendant") served notice to 7 Plaintiff to appear for a deposition and produce records at the deposition set for May 23, 2022. 8 (Declaration of James T. Jones "Jones Decl. T[ 2 and Exh. A.) Plaintiffs counsel objected to the 9 noticed date but failed to offer altemative dates and ignored all subsequent requests by defense 10 counsel. {Id. at 12 and Exh. B.) 11 On June 17, 2022, having not heard from Plaintiffs counsel regarding altemative dates, 12 Defendant served an Amended Notice of Deposition for Plaintiff to testify and produce 13 documents on June 27, 2022. (Jones Decl. \1> and Exh. C.) Plaintiff subsequently agreed to 14 appear on June 28, 2022 instead. (/J. at p and Exh. D.) Defendant served an Amended Notice 15 for Plaintiffs appearance and Request for Production of Documents on June 29, 2022. {Id. at T|4 16 and Exh. E.) 17 On June 28, 2022, Plaintiff appeared- one hour late-and failed to produce any documents 18 responses to the document demands included in the Amended Notice of Deposition and Request 19 for Production of Documents. (Jones Decl. T[5.) Plaintiff testified in deposition she had no prior 20 knowledge that documents were requested. {Id. at Tf5 and Exh. F.) Also, during Plaintiffs 21 deposition, Plaintiff testified that she was in possession of documents responsive to the requests 22 listed in the deposition notice. {Id. at |5 and Exh. G) Plaintiffs deposition adjoumed at 5:02 p.m. 23 but progress was unusually slow because Plaintiff required assistance of an Urdu language 24 interpreter and the disruptive behavior of Plaintiffs counsel. {Id. at TI5.) 25 Following the June 28, 2022 appearance. Defense Counsel repeatedly sought a new date 26 from Plaintiffs Counsel to continue and conclude Plaintiffs testimony and capture responsive 27 documents; however. Plaintiffs Counsel has repeatedly ignored the requests. (Jones Decl. ^[6.) 28 /// 2 Memo of Points and Authorities ISO Motion to Compel PlaintifTs Appearance At Deposition To Continue And Complete Deposition Testimony, To Produce Records Demanded In Deposition Notice, And Request For Sanctions 1 On July 5, 2022, Defense Counsel served a Notice of Continued Deposition Testimony of 2 Plaintiff and Request for Production of Documents, for deposition and production on July 18, 3 2022. (Jones Decl. ^7 and Exh. H.) Plaintiffs Counsel objected to the Notice of Continued 4 Deposition. {Id. at | 7 and Exh. I.) Thereafter and to present date. Plaintiffs Counsel has 5 repeatedly failed to meet and confer regarding both on the date for continued deposition 6 testimony ofPlaintiff and production of documents. {Id. at 7 n. L E G A L ANALYSIS 8 A. Defendant May Move for an Order Compelling Plaintiffs Deposition 9 Should Plaintiff Not Submit to Deposition 10 Code of Civil Procedure section 2025.450(a) states 11 (a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a ^2 person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 13 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored 14 information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the 15 deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or 16 tangible thing described in the deposidon notice. 17 Plaintiff has not served any valid objection to compelling her deposition and has failed to 18 produce any responsive documents that Defendant described with particularity to produce in the 19 deposition notice, despite the fact Plaintiff testified to having possession. (Jones Decl. at ^7 and 20 Exh. I.) Plaintiff has not yet offered any date to complete the deposition. {Id. at Defendant 21 attempted to meet and confer with Plaintiffs Counsel to ho avail. {Ibid.) 22 Defendant has a compelling need for Plaintiff to appear at her continued deposition and 23 provide truthful testimony regarding the facts and allegations alleged, and to produce responsive 24 documents that she failed to produce but testified to having possession of on July 28, 2022. 25 (Jones Decl. at T|8.) To adequately prepare its defense. Defendant is entitled to investigate (1) 26 whether Plaintiff is seeking double recovery for her alleged injuries; (2) what information 27 Plaintiff has provided to other persons, potential witnesses, made in complaints, or provided in 28 documentation; and (3) Plaintiffs truthfulness and credibility. (Ibid.) 3 Memo of Points and Authorities ISO Motion to Compel Plaintiffs Appearance At Deposition To Continue And Complete Deposition Testimony, To Produce Records Demanded In Deposition Notice, And Request For Sanctions 1 If Plaintiff is not compelled to appear and complete her deposition and produce responsive 2 documents to the Request for Production of Documents in the Notice of Deposition, Defendant 3 will suffer irreparable harm and be prejudiced in its defense of the allegations made against it. 4 (Jones Decl. at ^9.) Altematively, if Plaintiff refuses to complete her deposition and produce 5 responsive documents, she should be precluded from offering testimony at trial on any subjects 6 she was not questioned on in the first session of her deposition. (Ibid.) 7 III. CONCLUSION 8 For the reasons set forth above. Defendant requests that the Court order Plaintiff to appear 9 for the completion of her deposition and produce the documents requested. 10 Dated: August 24, 2022 JACKSON LEWIS P.C. 11 /jn^/v-^ By:_ 12 JAMES T. JONES 13 Attomeys for Defendant j4 LIQUI-BOX CORPORATION 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Memo of Points and Authorities ISO Motion to Compel PlaintifPs Appearance At Deposition To Continue And Complete Deposition Testimony, To Produce Records Demanded In Deposition Notice, And Request For Sanctions 1 PROOF OF S E R V I C E 2 I am employed in the County of Sacramento, State of Califomia. I am over the age of eighteen years and not a party to the within action; my business address is Jackson Lewis P.C, 3 400 Capitol Mall, Suite 1600, Sacramento, Califomia 95814. 4 On August 24, 2022,1 served the within: 5 MEMORANDUM OF POINTS AND AUTHORITIES FOR MOTION TO COMPEL PLAINTIFF SAJIDA ZAMAN'S APPEARANCE AT DEPOSITION TO CONTINUE AND 6 C O M P L E T E DEPOSITION TESTIMONY, TO PRODUCE RECORDS DEMANDED IN DEPOSITION NOTICE, AND REQUEST FOR SANCTIONS 7 on all interested parties in said action, through their attomeys of record as listed below, by placing 8 a tme and correct copy thereof, addressed as shown below, by the following means: 9 Q PERSONAL SERVICE - by causing personal delivery of a true and correct copy thereof to the person at the address set forth below, in accordance with Code of Civil 10 Procedure section 1011(a). 11 r~] M A I L - by placing a tme and correct copy thereof enclosed in a sealed envelope with postage thereon fully prepaid for deposit in the United States Post Office mailbox, at 12 my business address shown above, following Jackson Lewis P.C.'s ordinary business practices for the collection and processing of mail, of which I am readily familiar, and 13 addressed as set forth below. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States 14 Postal Service. 15 Q OVERNIGHT DELIVERY - by depositing a true and correct copy thereof enclosed in a sealed envelope with delivery fees thereon fully prepaid in a box or other facility 16 regularly maintained by UPS or delivering to an authorized courier or driver authorized by UPS to receive documents, addressed as set forth below. 17 [X] E-MAIL OR ELECTRONIC TRANSMISSION - Based on Califomia Code of Civil 18 Procedure Section 1010.6(e)(l)(2), I caused the document(s) described above to be sent from e-mail address kellv.asano@iacksonlewis.com to the person(s) at the e-mail 19 address(es) listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was 20 unsuccessful. 21 Joshua F. Falakassa (SBN 295045) Arash S. Khosrowshahi (SBN 293246) FALAKASSA LAW, P.C. LIBERTY MAN LAW, P.C. 22 1901 Avenue of the Stars, Suite 450 1010 F Street, Suite 300 Los Angeles, CA 90067 Sacramento, CA 95814 23 Telephone: (818)456-6168 Telephone: (916)573-0469 Facsimile: (888)505-0868 Facsimile: (866)700-0787 24 Email: Josh@,Falakassalaw.com Email: ash@,libertvmanlaw.com 25 I declare under penalty of perjury under the laws of the State of Califomia that the 2g foregoing is tme and correct, and that this declaration was executed on August 24, 2022 at Sacramento, Califomia. 27 Kelly Asano 28 4858-7112^271, V. 1 PROOF OF SERVICE I JACKSON LEWIS P.C. JAMES T. JONES (SBN 167967) 2 400 Capitol Mall, Suite 1600 Sacramento, Califomia 95814 3 Telephone: (916)341-0404 Facsimile: (916)341-0141 4 Email: james.jones(a),jacksonlewis.com 5 Attomeys for Defendant 6 LIQUI-BOX CORPORATION 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 SAJIDA ZAMAN, CASE NO. 34-2019-00252121-CU-WT-GDS 11 Plaintiff, DECLARATION OF JAMES T. JONES IN SUPPORT OF MOTION TO COMPEL 12 vs. PLAINTIFF SAJIDA ZAMAN'S APPEARANCE AT DEPOSITION TO 13 CONTINUE AND C O M P L E T E LIQUI-BOX CORPORATION, and DOES DEPOSITION TESTIMONY, TO 14 through 20, inclusive. PRODUCE RECORDS DEMANDED IN DEPOSITION NOTICE, AND REQUEST 15 Defendants. FOR SANCTIONS 16 Date: Time: 17 Dept: 53 Reservation No. 18 Complaint Filed: March 8, 2019 19 Trial Date: September 12, 2022 20 21 22 23 24 25 26 27 28 1 DECLARATION OF JONES ISO MTC PLAINTIFF'S APPEARANCE AT DEPOSITION AND TO PRODUCE RECORDS DEMANDED IN DEPOSITION NOTICE 1 DECLARATION OF JAMES T. JONES 2 I, James T. Jones, declare: 3 1. I am an attomey at law duly licensed to practice law in the State of Califomia and 4 before this Court. I am a Principal in the law firm of Jackson Lewis, P.C, attomeys of record for 5 Liqui-Box Corporation ("Defendant"). I have personal knowledge of the following facts and, i f 6 called and swom as a witness, could and would competently testify thereto. 7 2. On May 10, 2022, Defendant Liqui-Box Corporation ("Defendant") served notice 8 to Plaintiff to appear for a deposition and produce records at the deposition set for May 23, 2022. 9 A true and correct copy of the Notice of Deposition and Request for Production of Documents at 10 Deposition on May 23, 2022 is attached hereto as Exhibit A.) Plaintiffs counsel objected to the 11 noticed date but failed to offer altemative dates and ignored all subsequent requests by defense 12 counsel. (A tme and correct copy of Plaintiffs Objection to Defendant's Notice of Deposition 13 and Request for Production of Documents at Deposition on May 23, 2022 is attached hereto as 14 Exhibit B.) 15 3. On June 17, 2022, having not heard from Plaintiffs counsel regarding altemative 16 dates, Defendant served an Amended Notice of Deposition for Plaintiff to testify and produce 17 documents on June 27, 2022. (A tme and correct copy of the Amended Notice of Deposition and 18 Request for Production of Documents at Deposition on June 27, 2022 is attached hereto as 19 Exhibit C.) Plaintiff subsequently offered to appear on June 28, 2022 instead. (A tme and 20 correct copy of Plaintiffs email indicating she would appear on June 28, 2022 is attached hereto 21 as Exhibit D.) 22 4. Defendant served an Amended Deposition Notice, confirming the date for 23 deposidon and production would be on June 28, 2022. (A true and correct copy of the Amended 24 Notice of Deposition and Request for Production of Documents at Deposition on June 28, 2022, 25 is attached hereto as Exhibit E.) 26 5. On June 28, 2022, Plaintiff appeared- one hour late-and failed to produce any 27 documents responses to the document demands included in the Amended Notice of Deposition 28 and Request for Production of Documents. Plaintiff testified in deposition she had no prior 2 DECLARATION OF JONES ISO MTC PLAINTIFF'S APPEARANCE AT DEPOSITION AND TO PRODUCE RECORDS DEMANDED IN DEPOSITION NOTICE 1 knowledge that documents were requested. (Tme and correct copies of the excerpt deposition 2 tesdmony is attached hereto as Exhibit F.) Also, during Plaintiffs deposition. Plaintiff testified 3 that she was in possession of documents responsive to the requests listed in the deposition notice. 4 (Tme and correct copies of the excerpt deposition testimony is attached hereto as Exhibit G.) 5 Plaintiffs deposition adjoumed at 5:02 p.m. but progress was unusually slow because Plaintiff 6 required assistance of an Urdu language interpreter and the disruptive behavior of Plaintiffs 7 counsel. 8 6. Following the June 28, 2022 appearance. Defense Counsel repeatedly sought a 9 new date from Plaintiffs Counsel to continue and conclude Plaintiffs testimony and capture 10 responsive documents; however. Plaintiffs Counsel has repeatedly ignored the requests. 11 7. On July 5, 2022, Defense Counsel served a Notice of Continued Deposition 12 Testimony of Plaintiff and Request for Production of Documents, for deposition and production 13 on July 18, 2022. (A true and correct copy of the Notice of Continued Deposition and Request 14 for Production of Documents at Deposition on July 18, 2022 is attached hereto as Exhibit H.) 15 Plaintiffs Counsel objected to the Nodce of Continued Deposition. (A true and correct copy of 16 Plaintiffs Objection to Defendant's Notice of Condnued Deposition is attached hereto as Exhibit 17 I.) Thereafter and to present date. Plaintiffs Counsel has repeatedly failed to meet and confer 18 regarding both on the date for continued deposition testimony of Plaintiff and production of 19 documents. 20 8. Defendant has a compelling need for Plaintiff to appear at her continued 21 deposition and provide tmthful testimony regarding the facts and allegations alleged, and to 22 produce responsive documents that she failed to produce but testified to having possession of on 23 July 28, 2022. To adequately prepare its defense. Defendant is entitled to investigate (1) whether 24 Plaintiff is seeking double recovery for her alleged injuries; (2) what information Plaintiff has 25 provided to other persons, potential witnesses, made in complaints, or provided in documentation; 26 and (3) Plaintiffs truthfulness and credibility. 27 9. If Plaintiff is not compelled to appear and complete her deposition and produce 28 responsive documents to the Request for Production of Documents in the Notice of Deposition, 3 DECLARATION OF JONES ISO MTC PLAINTIFF'S APPEARANCE AT DEPOSITION AND TO PRODUCE RECORDS DEMANDED IN DEPOSITION NOTICE 1 Defendant will suffer irreparable harm and be prejudiced in its defense of the allegations made 2 against it. Altematively, if Plaintiff refuses to complete her deposition and produce responsive 3 documents, she should be precluded from offering testimony at trial on any subjects she was not 4 questioned on in the first session of her deposition. 5 I declare under penalty of perjury that the foregoing is true and correct. This declaration 6 was executed pursuant to the laws of the State of Califomia on August 24, 2022 in Sacramento, 7 Califomia. : fj 8 9 V JAMES T. JONES 10 11 12 13 14 15 16 17 18 xl9 20 21 22 23 24 25 26 27 28 DECLARATION OF JONES ISO MTC PLAINTIFF'S APPEARANCE AT DEPOSITION AND TO PRODUCE RECORDS DEMANDED IN DEPOSITION NOTICE 1 PROOF OF S E R V I C