Preview
1 JOSHUA S. FALAKASSA (SBN: 295045)
FALAKASSA LAW, P.C.
2
1901 Avenue ofthe Stars Suite # 450
3 Los Angeles, Califomia 90067
Tel.: (818) 456-6168; Fax: (888) 505-0868
4 Email: josh@falakassalaw.com Fi mm EO
5 ARASH S. KHOSROWSHAHI (SBN: 293246)
AUG - 3 2022
6 LIBERTY MAN LAW, P.C.
1010 F Street, Ste. 300 By: H. PEMFI TnN
7 Sacramento, Califomia 95814 Deputy Clerk
Tel.: (916) 573-0469; Fax: (866) 700-0787
8 Email: ash@libertymanlaw.com
9
Attomeys for Plaintiff,
10 SAJIDA ZAMAN
11 SUPERIOR COURT OF CALIFORNIA
12
COUNTY OF SACRAMENTO
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SAJIDA ZAMAN, CASE NO.: 34-2019-00252121
14 RESERVATION ID: 2664198
Plaintiff,
15 NOTICE OF MOTION AND MOTION
vs. TO COMPEL FURTHER RESPONSE
16 TO PLAINTIFF SAJIDA ZAMAN'S
LIQUI-BOX CORPORATION, and DOES 1
REQUESTS FOR PRODUCTION OF
17 through 20, inclusive. DOCUMENTS TO DEFENDANT
Defendants. LIQUI-BOX CORPORATION, SET
18 FIVE, AND MONETARY SANCTIONS
19 BY FAX
Date: October 18, 2022
20 Time: 1:30pm
Dept.: 53
21 Trial Date: September 12, 2022
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TO DEFENDANT LIQUI-BOX CORPORATION AND ITS ATTORNEY OF RECORD:
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NOTICE IS HEREBY GIVEN that on October 18, 2022 at 1:30p.m., or as soon thereafter
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as the matter may be heard, in Department 53 this court, located at the Hall of Justice, 813 6th
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Street, Sacramento, Califomia 95814, Plaintiff Sajida Zaman ("Plaintiff") will, and hereby does,
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move for an order compelling Defendant Liqui-Box Corporation ("Defendant") to provide a
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further response to Plaintiffs Requests for Production of Documents to Defendant Liqui-Box
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NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSE TO PLAINTIFF SAJIDA
ZAMAN'S REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT LIQUI-BOX
CORPORATION, SET FIVE, AND MONETARY SANCTIONS
1 of 2
1 Corporation, Set Five, No. 1, which Plaintiff served on Defendant on or about May 24, 2022, and
2 will further move this court for an order requiring Defendant to pay monetary sanctions in the
3 amount of $3,160.00 and $250.00 to Plaintiff. (Code Civ. Proc. §§ 2023.010(e), (i); 2023.020;
4 2023.030(a); 2023.050(a)(1), (3), 2031.310(h).) The motion will be made on the grounds that
5 Defendant has made objections which are without merit and/or too general without substantial
6 justification {Id. § 2031.310(a)(3)); has good cause to seek the requested documents; and should
7 therefore be sanctioned for (1) making meritless objections to discovery, and (2) failing to meet
8 and confer in a reasonable and good faith attempt to resolve informally the herein discovery
9 disputes. {Id., § 2023.010(e), (i).)
10 The motion will be based on this Notice, Separate Statement, Declaration of Arash S
11 Khosrowshahi, the Memorandum of Points and Authorities, on the records and file herein, and on
12 such evidence as may be presented at the hearing of the motion.
13 Dated: August 2, 2022 LIBERTY MAN LAW, P.C.
14 FALAKASSA LAW, P.C.
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16 Arash S. Khosrowshahi
17 Joshua S. Falakassa
Attomeys for Plaintiff Sajida Zaman
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NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSE TO PLAINTIFF SAJIDA
ZAMAN'S REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT LIQUI-BOX
CORPORATION, SET FIVE, AND MONETARY SANCTIONS
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1 TABLE OF CONTENTS
2 I. INTRODUCTION.
3 II. STATEMENT OF FACTS 2
4 A. Plaintiff Sustained Work-Related Injuries and Disabilities to her Knee While on
5 the Job but was Terminated for Allegedly Not Reporting
6 2
7 B. PlalntifT Requested the Production of All Documents Regarding
8 "Me Too" Evidence on Other Employees Reprimanded/Terminated for Violating
9 the CSB Policy 3
10 C. Defendant Responded by Only Providing Objections and Did not Respond to
11 Efforts by PlaintifTs Counsel to Meet and
12 4
13 HI. ARGUMENT 5
14 A. Defendant's Objections are Without Merit/Too
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16 B. 8
17 C. Plaintiff Adequately Met and Conferred Before Filing the Motion 9
18 D. Defendant is Subject to Monetary Sanctions for Misuse of the Discovery Process
19 by Providing Meritless Objections and Failing to Meet and Confer in Good
20 Faith 9
21 rv. CONCLUSION 11
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TABLE OF CONTENTS
1 ofl
1 TABLE OF AUTHORITIES
2 C^se Law
3 1. Alch V. Superior Court (2008) 165 Cal. App. 4^^ 1412 7-8
4 2. Clement v. Alegre (2009) 177 Cal. App. 4^ 1277 9
5 3. Deyo v. Kilbourne (1978) 84 Cal. App. 3d 771 6
6 4. V. Toshiba America Information Systems, Inc. (2013) 218 Cal. App. 4*^ 853 9-10
7 5. Greyhound Corp. V. Superior Court {1961) 56 Cal 2d 355 6-7,8,9
8 6. Manzetti v. Superior Court (1993) 21 Cal. App. 4^^ 373 10
9 7. McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792 9
10 8. Stewart v. Colonial Western Agency (2001) 87 Cal. App. 4*^ 1006 10
11 9. Williams v. Superior Court (2017) 3 Cal. 5* 531 7
12 Statutes and Rules
13 1. Code of Civil Procedure § 2017.010 6,8
14 2. Code of Civil Procedure § 2023.010 9
15 3. Code of Civil Procedure §2023.020 9
16 4. Code ofCivil Procedure §2023.030 9
17 5. Code ofCivil Procedure §2023.050 9
18 6. Code ofCivil Procedure §2031.240 5-6
19 7. Code ofCivil Procedure §2031.310 5,9
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TABLE OF AUTHORITIES
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1 JOSHUA S. FALAKASSA (SBN: 295045)
FALAKASSA LAW, P.C.
2 1901 Avenue ofthe Stars Suite # 450
3 Los Angeles, Califomia 90067
Tel.: (818) 456-6168; Fax: (888) 505-0868
4 Email: josh@falakassalaw.com
5 ARASH S. KHOSROWSHAHI (SBN: 293246)
6 LIBERTY MAN LAW, P.C.
1010 F Street, Ste. 300
7 Sacramento, Califomia 95814
Tel.: (916) 573-0469; Fax: (866) 700-0787
8 Email: ash@libertymanlaw.com
9
Attomeys for Plaintiff,
10 SAJIDA ZAMAN
11 SUPERIOR COURT OF CALIFORNIA
12
COUNTY OF SACRAMENTO
13
SAHDA ZAMAN, CASE NO.: 34-2019-00252121
14 RESERVATION ID: 2664198
Plaintiff, [PROPOSED] ORDER GRANTING
15 MOTION TO COMPEL FURTHER
vs. RESPONSE TO PLAINTIFF SAJIDA
16 ZAMAN'S REQUESTS FOR
PRODUCTION OF DOCUMENTS TO
17 LIQUI-BOX CORPORATION, and DOES 1 DEFENDANT LIQUI-BOX
through 20, inclusive. CORPORATION, SET FIVE, AND
18 MONETARY SANCTIONS
Defendants.
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Date: October 18, 2022
20 Time: 1:30pm
Dept.: 53
21 Trial Date: September 12, 2022
22 Plaintiff Sajida Zaman's ("Plaintiff') Motion to Compel Further Response as to Requests
23 for Production of Documents to Defendant Liqui-Box Corporation, Set Five, and Monetary
24 Sanctions ("Motion to Compel") was regularly heard at the above date and time. Arash S
25 Khosrowshahi, Esq. appeared on behalf of Plaintiff; James T. Jones, Esq. appeared on behalf ol
26 Defendant Liqui-Box Corporation ("Defendant").
Satisfactory proof having been made, and good cause appearing, IT IS ORDERED that:
[PROPOSED] ORDER
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1 1. Plaintiffs Motion to Compel is GRANTED as to Request for Production ol
2 Documents, Set Five. Defendant is ordered to provide responses in compliance with
3 the Civil Discovery Act within five days of this Order;
4 2. Defendant is further ordered to produce to Plaintiff responsive documents to Request
5 for Production of Documents, Set Five, to the extent any exist, within five days of this
6 Order;
7 3. Sanctions in the form of reasonable attomeys' fees be ordered against Defendant in the
8 amount of $3,160.00 for the hours Plaintiffs counsel has expended in researching and
9 drafting the Motion to Compel, as well as for Plaintiffs incurred filing costs, payable
10 within five days of this Order:
11 4. Sanctions against Defendant in the amount of $250.00 for failing to respond to, produce
12 documents to Request for Production of Documents, Set Five, in good faith, or meet
13 and confer in good faith; and
14 5. Any other relief the Court deems proper.
15 Date
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Judge of the Superior Court
2g County of Sacramento
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[PROPOSED] ORDER
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1 JOSHUA S. FALAKASSA (SBN: 295045) FALAKASSA LAW, P.C. 2 1901 Avenue ofthe Stars Suite # 450 3 Los Angeles, Califomia 90067 Tel.: (818) 456-6168; Fax: (888) 505-0868 4 Email: josh@falakassalaw.com Fi mm EO 5 ARASH S. KHOSROWSHAHI (SBN: 293246) AUG - 3 2022 6 LIBERTY MAN LAW, P.C. 1010 F Street, Ste. 300 By: H. PEMFI TnN 7 Sacramento, Califomia 95814 Deputy Clerk Tel.: (916) 573-0469; Fax: (866) 700-0787 8 Email: ash@libertymanlaw.com 9 Attomeys for Plaintiff, 10 SAJIDA ZAMAN 11 SUPERIOR COURT OF CALIFORNIA 12 COUNTY OF SACRAMENTO 13 SAJIDA ZAMAN, CASE NO.: 34-2019-00252121 14 RESERVATION ID: 2664198 Plaintiff, 15 NOTICE OF MOTION AND MOTION vs. TO COMPEL FURTHER RESPONSE 16 TO PLAINTIFF SAJIDA ZAMAN'S LIQUI-BOX CORPORATION, and DOES 1 REQUESTS FOR PRODUCTION OF 17 through 20, inclusive. DOCUMENTS TO DEFENDANT Defendants. LIQUI-BOX CORPORATION, SET 18 FIVE, AND MONETARY SANCTIONS 19 BY FAX Date: October 18, 2022 20 Time: 1:30pm Dept.: 53 21 Trial Date: September 12, 2022 22 TO DEFENDANT LIQUI-BOX CORPORATION AND ITS ATTORNEY OF RECORD: 23 NOTICE IS HEREBY GIVEN that on October 18, 2022 at 1:30p.m., or as soon thereafter 24 as the matter may be heard, in Department 53 this court, located at the Hall of Justice, 813 6th 25 Street, Sacramento, Califomia 95814, Plaintiff Sajida Zaman ("Plaintiff") will, and hereby does, 26 move for an order compelling Defendant Liqui-Box Corporation ("Defendant") to provide a 27 further response to Plaintiffs Requests for Production of Documents to Defendant Liqui-Box 28 NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSE TO PLAINTIFF SAJIDA ZAMAN'S REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT LIQUI-BOX CORPORATION, SET FIVE, AND MONETARY SANCTIONS 1 of 2 1 Corporation, Set Five, No. 1, which Plaintiff served on Defendant on or about May 24, 2022, and 2 will further move this court for an order requiring Defendant to pay monetary sanctions in the 3 amount of $3,160.00 and $250.00 to Plaintiff. (Code Civ. Proc. §§ 2023.010(e), (i); 2023.020; 4 2023.030(a); 2023.050(a)(1), (3), 2031.310(h).) The motion will be made on the grounds that 5 Defendant has made objections which are without merit and/or too general without substantial 6 justification {Id. § 2031.310(a)(3)); has good cause to seek the requested documents; and should 7 therefore be sanctioned for (1) making meritless objections to discovery, and (2) failing to meet 8 and confer in a reasonable and good faith attempt to resolve informally the herein discovery 9 disputes. {Id., § 2023.010(e), (i).) 10 The motion will be based on this Notice, Separate Statement, Declaration of Arash S 11 Khosrowshahi, the Memorandum of Points and Authorities, on the records and file herein, and on 12 such evidence as may be presented at the hearing of the motion. 13 Dated: August 2, 2022 LIBERTY MAN LAW, P.C. 14 FALAKASSA LAW, P.C. 15 16 Arash S. Khosrowshahi 17 Joshua S. Falakassa Attomeys for Plaintiff Sajida Zaman 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSE TO PLAINTIFF SAJIDA ZAMAN'S REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT LIQUI-BOX CORPORATION, SET FIVE, AND MONETARY SANCTIONS 2 of 2 1 TABLE OF CONTENTS 2 I. INTRODUCTION. 3 II. STATEMENT OF FACTS 2 4 A. Plaintiff Sustained Work-Related Injuries and Disabilities to her Knee While on 5 the Job but was Terminated for Allegedly Not Reporting 6 2 7 B. PlalntifT Requested the Production of All Documents Regarding 8 "Me Too" Evidence on Other Employees Reprimanded/Terminated for Violating 9 the CSB Policy 3 10 C. Defendant Responded by Only Providing Objections and Did not Respond to 11 Efforts by PlaintifTs Counsel to Meet and 12 4 13 HI. ARGUMENT 5 14 A. Defendant's Objections are Without Merit/Too 15 5 16 B. 8 17 C. Plaintiff Adequately Met and Conferred Before Filing the Motion 9 18 D. Defendant is Subject to Monetary Sanctions for Misuse of the Discovery Process 19 by Providing Meritless Objections and Failing to Meet and Confer in Good 20 Faith 9 21 rv. CONCLUSION 11 22 23 24 25 26 27 28 TABLE OF CONTENTS 1 ofl 1 TABLE OF AUTHORITIES 2 C^se Law 3 1. Alch V. Superior Court (2008) 165 Cal. App. 4^^ 1412 7-8 4 2. Clement v. Alegre (2009) 177 Cal. App. 4^ 1277 9 5 3. Deyo v. Kilbourne (1978) 84 Cal. App. 3d 771 6 6 4. V. Toshiba America Information Systems, Inc. (2013) 218 Cal. App. 4*^ 853 9-10 7 5. Greyhound Corp. V. Superior Court {1961) 56 Cal 2d 355 6-7,8,9 8 6. Manzetti v. Superior Court (1993) 21 Cal. App. 4^^ 373 10 9 7. McDonnell Douglas Corp. v. Green (1973) 411 U.S. 792 9 10 8. Stewart v. Colonial Western Agency (2001) 87 Cal. App. 4*^ 1006 10 11 9. Williams v. Superior Court (2017) 3 Cal. 5* 531 7 12 Statutes and Rules 13 1. Code of Civil Procedure § 2017.010 6,8 14 2. Code of Civil Procedure § 2023.010 9 15 3. Code of Civil Procedure §2023.020 9 16 4. Code ofCivil Procedure §2023.030 9 17 5. Code ofCivil Procedure §2023.050 9 18 6. Code ofCivil Procedure §2031.240 5-6 19 7. Code ofCivil Procedure §2031.310 5,9 20 21 22 23 24 25 26 27 28 TABLE OF AUTHORITIES 1 ofl 1 JOSHUA S. FALAKASSA (SBN: 295045) FALAKASSA LAW, P.C. 2 1901 Avenue ofthe Stars Suite # 450 3 Los Angeles, Califomia 90067 Tel.: (818) 456-6168; Fax: (888) 505-0868 4 Email: josh@falakassalaw.com 5 ARASH S. KHOSROWSHAHI (SBN: 293246) 6 LIBERTY MAN LAW, P.C. 1010 F Street, Ste. 300 7 Sacramento, Califomia 95814 Tel.: (916) 573-0469; Fax: (866) 700-0787 8 Email: ash@libertymanlaw.com 9 Attomeys for Plaintiff, 10 SAJIDA ZAMAN 11 SUPERIOR COURT OF CALIFORNIA 12 COUNTY OF SACRAMENTO 13 SAHDA ZAMAN, CASE NO.: 34-2019-00252121 14 RESERVATION ID: 2664198 Plaintiff, [PROPOSED] ORDER GRANTING 15 MOTION TO COMPEL FURTHER vs. RESPONSE TO PLAINTIFF SAJIDA 16 ZAMAN'S REQUESTS FOR PRODUCTION OF DOCUMENTS TO 17 LIQUI-BOX CORPORATION, and DOES 1 DEFENDANT LIQUI-BOX through 20, inclusive. CORPORATION, SET FIVE, AND 18 MONETARY SANCTIONS Defendants. 19 Date: October 18, 2022 20 Time: 1:30pm Dept.: 53 21 Trial Date: September 12, 2022 22 Plaintiff Sajida Zaman's ("Plaintiff') Motion to Compel Further Response as to Requests 23 for Production of Documents to Defendant Liqui-Box Corporation, Set Five, and Monetary 24 Sanctions ("Motion to Compel") was regularly heard at the above date and time. Arash S 25 Khosrowshahi, Esq. appeared on behalf of Plaintiff; James T. Jones, Esq. appeared on behalf ol 26 Defendant Liqui-Box Corporation ("Defendant"). Satisfactory proof having been made, and good cause appearing, IT IS ORDERED that: [PROPOSED] ORDER 1 of 2 1 1. Plaintiffs Motion to Compel is GRANTED as to Request for Production ol 2 Documents, Set Five. Defendant is ordered to provide responses in compliance with 3 the Civil Discovery Act within five days of this Order; 4 2. Defendant is further ordered to produce to Plaintiff responsive documents to Request 5 for Production of Documents, Set Five, to the extent any exist, within five days of this 6 Order; 7 3. Sanctions in the form of reasonable attomeys' fees be ordered against Defendant in the 8 amount of $3,160.00 for the hours Plaintiffs counsel has expended in researching and 9 drafting the Motion to Compel, as well as for Plaintiffs incurred filing costs, payable 10 within five days of this Order: 11 4. Sanctions against Defendant in the amount of $250.00 for failing to respond to, produce 12 documents to Request for Production of Documents, Set Five, in good faith, or meet 13 and confer in good faith; and 14 5. Any other relief the Court deems proper. 15 Date 16 17 Judge of the Superior Court 2g County of Sacramento 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER 2 of 2