Preview
1 Vikranth A. Sunderraj, Esq. (SBN 225636)
vik@tenantlawgroupsf.com
2 Michael J. Vroman, Esq. (SBN 247763)
michael@tenantlawgroupsf.com
3 TENANT LAW GROUP, PC
4 100 Pine Street, Suite 1250
San Francisco, CA 94111-5235
5 Tel: (888) 510-7511
Fax: (888) 376-1662
6
7 Attorneys for Plaintiffs AMBER LYNN
FOSHAY and LINDA FOSHAY
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 IN AND FOR THE COUNTY OF SANTA CRUZ
11 UNLIMITED JURISDICTION
12 AMBER LYNN FOSHAY, an Individual; and Case No. 20CV02600
LINDA FOSHAY, an Individual;
13
DECLARATION OF MICHAEL J.
14 Plaintiffs, VROMAN IN SUPPORT OF
PLAINTIFFS’ MOTION TO
15 v. COMPEL DEFENDANTS’
DISCOVERY RESPONSES AND
16
CYPRESS POINT RE INVESTORS LLC, a IMPOSE SANCTIONS
17 California Limited Liability Company ;
ALLIANCE COMMUNITIES INC., a TELEPHONE APPEARANCE
18 California Corporation; GREYSTAR
WORLDWIDE LLC, a Limited Liability Date: June 28, 2023
19
Company; MCKENZIE JEAN LEBLANCO, Time: 8:30 a.m.
20 an Individual; TYREECE YOUNGER, an Dept.: 10
Individual; and DOES 1 through 25, inclusive;
21 Trial Date: February 1, 2024
22 Defendants.
23
24
25
26
27
28
-1-
DECLARATION OF MICHAEL J. VROMAN IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL
DEFENDANTS’ DISCOVERY RESPONSES AND IMPOSE SANCTIONS
1 I, Michael J. Vroman, declare as follows
2 1. I am an attorney duly licensed to practice law before all courts of the State of
3 California. My law firm, Tenant Law Group, PC, is counsel for Plaintiffs Amber Lynn Foshay
4 and Linda Foshay (“Plaintiffs”) in this Action. This Declaration is submitted in support of
5 Plaintiffs’ Motion to Compel Defendants’ Discovery Responses and Impose Sanctions. The
6 following facts are within my information and belief and, if called as a witness herein, I can and
7 will competently testify thereto.
8 2. Plaintiffs filed this Action against Defendants Cypress Point RE Investors LLC;
9 Alliance Communities Inc.; Greystar Worldwide LLC; McKenzie Jean LeBlanc; and Tyreece
10 Younger (“Defendants”) on December 14, 2020. This Action arises out of the constructive
11 eviction of Amber Lynn Foshay from her rental unit at 101 Felix Street, Santa Cruz, CA 95060-
12 4814 on or about June 30, 2020.
13 3. On September 21, 2021, Plaintiffs propounded multiple sets of discovery on all
14 named defendants. These included Form Interrogatories, Special Interrogatories, and Requests
15 for the Production of Documents. Attached hereto as Exhibit A is a true and correct copy of the
16 service email to Defendants’ counsel and proof of service.
17 4. On October 21, 2021, Defendants’ Responses to Plaintiffs’ discovery requests were
18 due.
19 5. On or about October 26, 2021, the Plaintiffs, having not received a response from
20 the Defendants, reached out to ask when the discovery would be provided. On October 27, 2021,
21 Defendants sought an extension to November 15, 2021, which the Plaintiffs’ granted. Attached
22 hereto as Exhibit B is a true and correct copy of the relevant email exchange between Plaintiffs’
23 counsel and Defendants’ counsel.
24 6. On November 22, 2021, having not received any responses, Plaintiffs again
25 reached out to Defendants’ counsel and asked when Plaintiffs could expect objection free
26 responses. Attached hereto as Exhibit C is a true and correct copy of the November 22, 2021
27 email from Plaintiffs’ counsel to Defendants’ counsel.
28 7. On January 24, 2023 the Court set this Action for trial on February 1, 2024.
-2-
DECLARATION OF MICHAEL J. VROMAN IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL
DEFENDANTS’ DISCOVERY RESPONSES AND IMPOSE SANCTIONS
1 8. As of the date of filing this motion, Defendants have not provided Plaintiffs with
2 any written discovery responses to Form Interrogatories, Demand for Production of Documents,
3 and Special Interrogatories.
4 9. As a result, Plaintiffs have been unable to obtain essential documents, and other
5 material evidence notwithstanding Plaintiffs’ diligent efforts. Specifically, Plaintiffs have no
6 information regarding Defendants’ insurance coverage and very little information of what
7 documents or other admissible evidence, if any, Defendants possess. Further, it should be noted
8 that Defendants have propounded multiple sets of written discovery on Plaintiffs, who have
9 responded in a timely manner.
10 10. I have spent over 4.4 hours meeting and conferring with opposing counsel
11 regarding these matters, preparing related correspondence, conducting legal and factual research
12 regarding same, and reviewing and revising the moving papers. My reasonable hourly rate for this
13 type of work is $500.00 per hour. Accordingly, Plaintiffs’ counsel seeks $2,200.00 in monetary
14 sanctions against Defendants and their counsel for attorneys’ fees associated with this motion.
15 I declare under penalty of perjury under the laws of the State of California that the
16 foregoing is true and correct.
17
18 DATED: May 10, 2023
19
________________________________________
20 Michael J. Vroman, Esq.
21
22
23
24
25
26
27
28
-3-
DECLARATION OF MICHAEL J. VROMAN IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL
DEFENDANTS’ DISCOVERY RESPONSES AND IMPOSE SANCTIONS
Exhibit A
From: Soledad de Leon
To: dmoriarty@cwmlaw.com; Andrew Werner; mckenzie.leblanc.prof@gmail.com
Cc: Kristen Drake; Dana M. Reich
Subject: E-SERVICE OF DOCUMENTS -Foshay v. Cypress Point - Pls." Discovery Request
Date: Tuesday, September 21, 2021 1:42:36 PM
Attachments: 2021-09-21 - [S] Pls." FRogs to Tyreece Younger (Set 1) - Plaintiff v. Defendant.pdf
image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
2021-09-21 - [S] Pls." RFPDs to Alliance (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." RFPDs to Cypress Point (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." RFPDs to Greystar Worldwide LLC (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." RFPDs to LeBlanc (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." RFPDs to Younger (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." SRogs to Alliance (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." SRogs to Cypress Point (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." SRogs to Greystar (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." SRogs to LeBlanc (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." SRogs to Younger (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." FRogs to Alliance Comm. (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." FRogs to Cypress Point (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." FRogs to Greystar Worldwide LLC (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." FRogs to McKenzie LeBlanc (Set 1) - Plaintiff v. Defendant.pdf
2021-09-21 - POS - Plf." Disc. Req. - Foshay v. Cypress Point Re Investors.pdf
Counsel,
Please find attached for electronic service the following documents:
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT TYREECE
YOUNGER’S FORM INTERROGATORIES (SET ONE) .
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR PRODUCTION OF,
INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT ALLIANCE
COMMUNITIES INC.
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR PRODUCTION OF,
INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT CYPRESS POINT
RE INVESTORS LLC.
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR PRODUCTION OF,
INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT GREYSTAR
WORLDWIDE LLC.
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR PRODUCTION OF,
INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT MCKENZIE JEAN
LEBLANC
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR PRODUCTION OF,
INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT TYREECE
YOUNGER.
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET
ONE) TO DEFENDANT ALLIANCE COMMUNITIES INC.
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET
ONE) TO DEFENDANT CYPRESS POINT RE INVESTORS LLC.
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET
ONE) TO DEFENDANT GREYSTAR WORLDWIDE LLC
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET
ONE) TO DEFENDANT MCKENZIE JEAN LEBLANC.
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET
ONE) TO DEFENDANT TYREECE YOUNGER
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT ALLIANCE
COMMUNITIES INC’S FORM INTERROGATORIES (SET ONE)
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT CYPRESS POINT
RE INVESTORS LLC’S FORM INTERROGATORIES (SET ONE).
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT GREYSTAR
WORLDWIDE LLC’S FORM INTERROGATORIES (SET ONE)
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT MCKENZIE JEAN
LEBLANC’S FORM INTERROGATORIES (SET ONE)
PROOF OF SERVICE.
Should you have any questions, please contact our office.
Best regards,
Soledad De Leon, Case Manager
Tenant Law Group, PC | A California Tenant Rights Law Firm
Want to talk? Click here to schedule a call with me. | tenantlawgroupsf.com
Tel: (888) 510-7511 | Dir: (415) 287-0231 | Fax: (888) 376-1662
100 Pine Street, Suite 1250 | San Francisco, CA 94111-5235
Recognized by Law Firm 500 in 2019 as the 22nd Fastest Growing Law Firm in the United States;
and in 2020 as the 12th Fastest Growing Law Firm in the United States
This email, along with any attachments, is confidential and may be legally privileged. If you have received it in error, please notify me immediately by replying to this
message and then delete it. Please do not copy or use it for any purpose, or disclose its contents to any other person. Thank you.
1 Zoe E. Brown, Esq. (SBN 282961)
zoe@tenantlawgroupsf.com
2 Anthony E. Castillon-Mendoza, Esq. (SBN 322887)
tony@tenantlawgroupsf.com
3 Kristen E. Drake, Esq. (SBN 202827)
4 kristen@tenantlawgroupsf.com
Ryan M. Herrera, Esq. (SBN 320865)
5 ryan@tenantlawgroupsf.com
TENANT LAW GROUP, PC
6 100 Pine Street, Suite 1250
San Francisco, CA 94111-5235
7 Tel: (888) 510-7511
Fax: (888) 376-1662
8
Attorneys for Plaintiffs AMBER LYNN FOSHAY
9 and LINDA FOSHAY
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
11
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
12
UNLIMITED JURISDICTION
13
14 AMBER LYNN FOSHAY, an Individual; and Case No. 20CV02600
LINDA FOSHAY, an Individual;
15
PROOF OF SERVICE
16 Plaintiffs,
17 v.
18 BRICK AND TIMBER, INC. aka BRICK +
19 TIMBER, INC., a California Corporation; LRL
CITI PROPERTIES I DE, LLC, a Delaware
20 Limited Liability Company; CITI
PROPERTIES I, LLC, a California Limited
21
Liability Company; CITI PROPERTIES, LLC,
22 a California Limited Liability Company; 204-
11 LP HOLDINGS LLC, a California Limited
23 Liability Company; AGPM 520 GEARY LP, a
Delaware Limited Partnership; SF
24
MULTIFAMILY IV PROPERTY OWNER
25 LLC, a Delaware Limited Liability Company;
BALLAST INVESTMENTS, LLC, a
26 California Limited Liability Company; and
DOES 1 through 25, inclusive;
27
28 Defendants.
-1-
PROOF OF SERVICE
PROOF OF SERVICE
1
2 I, Soledad De León, declare that I am a contractor for a law firm headquartered in the City
and County of San Francisco, State of California; that I am over the age of eighteen (18); that I am
3 not a party to the within entitled action; and that my business address is 100 Pine Street, Suite
1250 San Francisco, CA 94111-5235. On September 21, 2021, I caused to be served the following
4 document(s):
5
• PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT
6 TYREECE YOUNGER’S FORM INTERROGATORIES (SET ONE) .
• PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR
7
PRODUCTION OF, INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO
8 DEFENDANT ALLIANCE COMMUNITIES INC.
• PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR
9 PRODUCTION OF, INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO
10 DEFENDANT CYPRESS POINT RE INVESTORS LLC.
• PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR
11 PRODUCTION OF, INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO
DEFENDANT GREYSTAR WORLDWIDE LLC.
12 • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR
13 PRODUCTION OF, INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO
DEFENDANT MCKENZIE JEAN LEBLANC
14 • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR
PRODUCTION OF, INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO
15
DEFENDANT TYREECE YOUNGER.
16 • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL
INTERROGATORIES (SET ONE) TO DEFENDANT ALLIANCE COMMUNITIES
17 INC.
18 • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL
INTERROGATORIES (SET ONE) TO DEFENDANT CYPRESS POINT RE
19 INVESTORS LLC.
• PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL
20
INTERROGATORIES (SET ONE) TO DEFENDANT GREYSTAR WORLDWIDE LLC
21 • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL
INTERROGATORIES (SET ONE) TO DEFENDANT MCKENZIE JEAN LEBLANC.
22 • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL
23 INTERROGATORIES (SET ONE) TO DEFENDANT TYREECE YOUNGER
• PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT
24 ALLIANCE COMMUNITIES INC’S FORM INTERROGATORIES (SET ONE)
• PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT
25
CYPRESS POINT RE INVESTORS LLC’S FORM INTERROGATORIES (SET ONE).
26 • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT
GREYSTAR WORLDWIDE LLC’S FORM INTERROGATORIES (SET ONE)
27 • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT
28 MCKENZIE JEAN LEBLANC’S FORM INTERROGATORIES (SET ONE)
-2-
PROOF OF SERVICE
in said action by serving in the manner(s) described below to each of the following parties:
1
2 Dennis F. Moriarty, Esq. McKenzie LeBlanc
Andrew S. Werner, Esq. 109 Felix St. #1
3 CESARI, WERNER AND MORIARTY Santa Cruz, CA 95060
75 Southgate Avenue Email: mckenzie.leblanc.prof@gmail.com
4 Daly City, CA 94015 Tel: 978-490-8905
5 dmoriarty@cwmlaw.com;
awerner@cwmlaw.com
6 Tel: 650-991-5126
Fax: 650-991-5134
7
Attorney for Defendants Cypress Point RE
8 Investors, LLC; Alliance Communities, Inc.;
and Greystar Worldwide, LLC
9
(By Electronic Mail) I caused said document(s) to be I caused said document(s) to be
10
transmitted to the email address(es) of the above addressee(s). No electronic message or other
11 indication that the transmission was unsuccessful was received within a reasonable time after
the transmission.
12
I declare under penalty of perjury that the foregoing is true and correct, and that this Proof
13 of Service was executed on September 21, 2021.
14
15 ______________________________________
Soledad De León
16
17
18
19
20
21
22
23
24
25
26
27
28
-3-
PROOF OF SERVICE
Exhibit B
From: Soledad de Leon
To: tmatranga@cwmlaw.com
Cc: Kristen Drake; Dana M. Reich; Soledad de Leon
Subject: RE: Foshay vs. Cypress Point / Our File No. 6487-3-2-6
Date: Wednesday, October 27, 2021 8:55:29 AM
Attachments: image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
Dear Terri,
Apologizes for the belated response. It is granted a 3-week extension including 11/15/21 to respond
to plaintiff’s discovery.
Please in the future, email any extension requests to Soledad, Dana and Kristen (both Cc´d here) to
ensure prompt response.
On the other hand, we are looking into alternative dates for Amber Foshay’s deposition and will be
in touch.
Best,
Lucia.
Lucia Moya Romero, Executive Assistant
Tenant Law Group, PC | A California Tenant Rights Law Firm
Tel: (888) 510-7511 | Dir: (415) 287-0243 | Fax: (888) 376-1662
100 Pine Street, Suite 1250 | San Francisco, CA 94111-5235
New client? Click here to get started. | tenantlawgroupsf.com
Recognized by Law Firm 500 in 2019 as the 22nd Fastest Growing Law Firm in the United States; and in
2020 as the 12th Fastest Growing Law Firm in the United States
This email, along with any attachments, is confidential and may be legally privileged. If you have received it in error, please notify me immediately by replying to
this message and then delete it. Please do not copy or use it for any purpose, or disclose its contents to any other person. Thank you.
From: Terri Matranga
Sent: Tuesday, October 26, 2021 9:31 AM
To: Soledad de Leon
Subject: FW: Foshay vs. Cypress Point / Our File No. 6487-3-2-6
Hi Soledad
I’m following up on my two voicemails sent to you yesterday and today requesting a 3 week
extension of time up to and including 11/15/21 to respond to plaintiff’s outstanding discovery.
Also please advise when you can produce plaintiff for deposition.
Please advise at your earliest convenience.
Thank you.
Terri
Terri L. Matranga Sanford
Office Manager
Legal Assistant to Dennis F. Moriarty/Andrew S. Werner
CESARI, WERNER AND MORIARTY
75 Southgate Avenue
Daly City, CA 94015
Tel: (650) 991-5126 x 23
Fax: (650) 991-5134
tmatranga@cwmlaw.com
This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to
report this email as spam.
From: Dana M. Reich
To: dmoriarty@cwmlaw.com (Other); Andrew Werner (Other); mckenzie.leblanc@gmail.com (Other)
Cc: Kristen Drake; Terri Matranga (Other); Judith Sampson (Other)
Bcc: 1575d6967+matter1333362811@maildrop.clio.com
Subject: FW: E-SERVICE OF DOCUMENTS -Foshay v. Cypress Point - Pls." Discovery Request
Date: Tuesday, October 26, 2021 10:22:00 AM
Attachments: 2021-09-21 - [S] Pls." FRogs to Tyreece Younger (Set 1) - Plaintiff v. Defendant.pdf
image001.png
image002.png
image003.png
image004.png
image005.png
image006.png
2021-09-21 - [S] Pls." RFPDs to Alliance (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." RFPDs to Cypress Point (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." RFPDs to Greystar Worldwide LLC (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." RFPDs to LeBlanc (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." RFPDs to Younger (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." SRogs to Alliance (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." SRogs to Cypress Point (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." SRogs to Greystar (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." SRogs to LeBlanc (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." SRogs to Younger (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." FRogs to Alliance Comm. (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." FRogs to Cypress Point (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." FRogs to Greystar Worldwide LLC (Set 1) - Foshay v. Cypress Point.pdf
2021-09-21 - [S] Pls." FRogs to McKenzie LeBlanc (Set 1) - Plaintiff v. Defendant.pdf
2021-09-21 - POS - Plf." Disc. Req. - Foshay v. Cypress Point Re Investors.pdf
image007.png
Ms. LeBlanc and Counsel,
The deadline for responses to Plaintiffs’ attached discovery requests was yesterday, October 25th.
As of today, our office has not received any discovery responses from Defendants. Please advise
when our office may receive Defendants’ discovery responses and responsive document production.
Regards,
Dana M. Reich, Senior Paralegal
Tenant Law Group, PC | A California Tenant Rights Law Firm
Tel: (888) 510-7511 | Fax: (888) 376-1662
100 Pine Street, Suite 1250 | San Francisco, CA 94111-5235
New client? Click here to get started. | tenantlawgroupsf.com
Recognized by Law Firm 500 in 2019 as the 22nd Fastest Growing Law Firm in the United States; and in
2020 as the 12th Fastest Growing Law Firm in the United States
This email, along with any attachments, is confidential and may be legally privileged. If you have received it in error, please notify me immediately by replying to
this message and then delete it. Please do not copy or use it for any purpose, or disclose its contents to any other person. Thank you.
From: Soledad de Leon
Sent: Tuesday, September 21, 2021 1:42 PM
To: dmoriarty@cwmlaw.com; Andrew Werner ;
mckenzie.leblanc.prof@gmail.com
Cc: Kristen Drake ; Dana M. Reich
Subject: E-SERVICE OF DOCUMENTS -Foshay v. Cypress Point - Pls.' Discovery Request
Counsel,
Please find attached for electronic service the following documents:
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT TYREECE
YOUNGER’S FORM INTERROGATORIES (SET ONE) .
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR PRODUCTION OF,
INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT ALLIANCE
COMMUNITIES INC.
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR PRODUCTION OF,
INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT CYPRESS POINT
RE INVESTORS LLC.
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR PRODUCTION OF,
INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT GREYSTAR
WORLDWIDE LLC.
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR PRODUCTION OF,
INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT MCKENZIE JEAN
LEBLANC
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR PRODUCTION OF,
INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT TYREECE
YOUNGER.
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET
ONE) TO DEFENDANT ALLIANCE COMMUNITIES INC.
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET
ONE) TO DEFENDANT CYPRESS POINT RE INVESTORS LLC.
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET
ONE) TO DEFENDANT GREYSTAR WORLDWIDE LLC
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET
ONE) TO DEFENDANT MCKENZIE JEAN LEBLANC.
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET
ONE) TO DEFENDANT TYREECE YOUNGER
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT ALLIANCE
COMMUNITIES INC’S FORM INTERROGATORIES (SET ONE)
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT CYPRESS POINT
RE INVESTORS LLC’S FORM INTERROGATORIES (SET ONE).
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT GREYSTAR
WORLDWIDE LLC’S FORM INTERROGATORIES (SET ONE)
PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT MCKENZIE JEAN
LEBLANC’S FORM INTERROGATORIES (SET ONE)
PROOF OF SERVICE.
Should you have any questions, please contact our office.
Best regards,
Soledad De Leon, Case Manager
Tenant Law Group, PC | A California Tenant Rights Law Firm
Want to talk? Click here to schedule a call with me. | tenantlawgroupsf.com
Tel: (888) 510-7511 | Dir: (415) 287-0231 | Fax: (888) 376-1662
100 Pine Street, Suite 1250 | San Francisco, CA 94111-5235
Recognized by Law Firm 500 in 2019 as the 22nd Fastest Growing Law Firm in the United States;
and in 2020 as the 12th Fastest Growing Law Firm in the United States
This email, along with any attachments, is confidential and may be legally privileged. If you have received it in error, please notify me immediately by replying to this
message and then delete it. Please do not copy or use it for any purpose, or disclose its contents to any other person. Thank you.
Exhibit C
From: Kristen Drake
To: Andrew Werner
Cc: Dana M. Reich; Terri Matranga; Sharon N. Derrier
Subject: Re: Amber Foshay / Our File No. 6487-3-2-6
Date: Monday, November 22, 2021 12:50:57 PM
Andrew,
Yes, we will get you rescheduled dates for Amber Foshay’s deposition. I understand that in
both this case and Gutierrez v. San Marino re Investors, defendants have not provided any
responses to the discovery requests.
Do you have a date when objection-free responses can expected to be received? Thank you,
Also, in Gutierrez v. San Marino re Investors we’ve asked for available dates for defendants’
depositions, but have not yet received a response. Please provide.
Thanks,
photo Kristen E. Drake, Trial Counsel
Tenant Law Group, PC | A California Tenant Rights Law Firm
Tel: (888) 510-7511 | Fax: (888) 376-1662
100 Pine Street, Suite 1250 | San Francisco, CA 94111-5235
New client? Click here to get started. | tenantlawgroupsf.com
Recognized by Law Firm 500 in 2019 as the 22nd Fastest Growing Law Firm in the United States;
and in 2020 as the 12th Fastest Growing Law Firm in the United States
This email, along with any attachments, is confidential and may be legally privileged. If you have received it in error, please notify me immediately by replying to
this message and then delete it. Please do not copy or use it for any purpose, or disclose its contents to any other person. Thank you.
From: Andrew Werner
Sent: Monday, November 22, 2021 7:55 AM
To: Kristen Drake
Cc: Dana M. Reich ; Soledad de Leon
; Terri Matranga
Subject: Amber Foshay / Our File No. 6487-3-2-6
Good morning Kristen.
We’d like to get Ms. Foshay’s deposition – originally scheduled for October 14th - back on calendar.
Kindly provide us some proposed dates for this deposition within the next thirty (30) days.
Thanks, Andrew
ANDREW S. WERNER, ESQ.
CESARI, WERNER AND MORIARTY
75 Southgate Avenue
Daly City, CA 94015
Direct: (650) 991-5126 ext. 13
Fax: (650) 991-5134
E-mail: awerner@cwmlaw.com
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1 Vikranth A. Sunderraj, Esq. (SBN 225636) vik@tenantlawgroupsf.com 2 Michael J. Vroman, Esq. (SBN 247763) michael@tenantlawgroupsf.com 3 TENANT LAW GROUP, PC 4 100 Pine Street, Suite 1250 San Francisco, CA 94111-5235 5 Tel: (888) 510-7511 Fax: (888) 376-1662 6 7 Attorneys for Plaintiffs AMBER LYNN FOSHAY and LINDA FOSHAY 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 IN AND FOR THE COUNTY OF SANTA CRUZ 11 UNLIMITED JURISDICTION 12 AMBER LYNN FOSHAY, an Individual; and Case No. 20CV02600 LINDA FOSHAY, an Individual; 13 DECLARATION OF MICHAEL J. 14 Plaintiffs, VROMAN IN SUPPORT OF PLAINTIFFS’ MOTION TO 15 v. COMPEL DEFENDANTS’ DISCOVERY RESPONSES AND 16 CYPRESS POINT RE INVESTORS LLC, a IMPOSE SANCTIONS 17 California Limited Liability Company ; ALLIANCE COMMUNITIES INC., a TELEPHONE APPEARANCE 18 California Corporation; GREYSTAR WORLDWIDE LLC, a Limited Liability Date: June 28, 2023 19 Company; MCKENZIE JEAN LEBLANCO, Time: 8:30 a.m. 20 an Individual; TYREECE YOUNGER, an Dept.: 10 Individual; and DOES 1 through 25, inclusive; 21 Trial Date: February 1, 2024 22 Defendants. 23 24 25 26 27 28 -1- DECLARATION OF MICHAEL J. VROMAN IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL DEFENDANTS’ DISCOVERY RESPONSES AND IMPOSE SANCTIONS 1 I, Michael J. Vroman, declare as follows 2 1. I am an attorney duly licensed to practice law before all courts of the State of 3 California. My law firm, Tenant Law Group, PC, is counsel for Plaintiffs Amber Lynn Foshay 4 and Linda Foshay (“Plaintiffs”) in this Action. This Declaration is submitted in support of 5 Plaintiffs’ Motion to Compel Defendants’ Discovery Responses and Impose Sanctions. The 6 following facts are within my information and belief and, if called as a witness herein, I can and 7 will competently testify thereto. 8 2. Plaintiffs filed this Action against Defendants Cypress Point RE Investors LLC; 9 Alliance Communities Inc.; Greystar Worldwide LLC; McKenzie Jean LeBlanc; and Tyreece 10 Younger (“Defendants”) on December 14, 2020. This Action arises out of the constructive 11 eviction of Amber Lynn Foshay from her rental unit at 101 Felix Street, Santa Cruz, CA 95060- 12 4814 on or about June 30, 2020. 13 3. On September 21, 2021, Plaintiffs propounded multiple sets of discovery on all 14 named defendants. These included Form Interrogatories, Special Interrogatories, and Requests 15 for the Production of Documents. Attached hereto as Exhibit A is a true and correct copy of the 16 service email to Defendants’ counsel and proof of service. 17 4. On October 21, 2021, Defendants’ Responses to Plaintiffs’ discovery requests were 18 due. 19 5. On or about October 26, 2021, the Plaintiffs, having not received a response from 20 the Defendants, reached out to ask when the discovery would be provided. On October 27, 2021, 21 Defendants sought an extension to November 15, 2021, which the Plaintiffs’ granted. Attached 22 hereto as Exhibit B is a true and correct copy of the relevant email exchange between Plaintiffs’ 23 counsel and Defendants’ counsel. 24 6. On November 22, 2021, having not received any responses, Plaintiffs again 25 reached out to Defendants’ counsel and asked when Plaintiffs could expect objection free 26 responses. Attached hereto as Exhibit C is a true and correct copy of the November 22, 2021 27 email from Plaintiffs’ counsel to Defendants’ counsel. 28 7. On January 24, 2023 the Court set this Action for trial on February 1, 2024. -2- DECLARATION OF MICHAEL J. VROMAN IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL DEFENDANTS’ DISCOVERY RESPONSES AND IMPOSE SANCTIONS 1 8. As of the date of filing this motion, Defendants have not provided Plaintiffs with 2 any written discovery responses to Form Interrogatories, Demand for Production of Documents, 3 and Special Interrogatories. 4 9. As a result, Plaintiffs have been unable to obtain essential documents, and other 5 material evidence notwithstanding Plaintiffs’ diligent efforts. Specifically, Plaintiffs have no 6 information regarding Defendants’ insurance coverage and very little information of what 7 documents or other admissible evidence, if any, Defendants possess. Further, it should be noted 8 that Defendants have propounded multiple sets of written discovery on Plaintiffs, who have 9 responded in a timely manner. 10 10. I have spent over 4.4 hours meeting and conferring with opposing counsel 11 regarding these matters, preparing related correspondence, conducting legal and factual research 12 regarding same, and reviewing and revising the moving papers. My reasonable hourly rate for this 13 type of work is $500.00 per hour. Accordingly, Plaintiffs’ counsel seeks $2,200.00 in monetary 14 sanctions against Defendants and their counsel for attorneys’ fees associated with this motion. 15 I declare under penalty of perjury under the laws of the State of California that the 16 foregoing is true and correct. 17 18 DATED: May 10, 2023 19 ________________________________________ 20 Michael J. Vroman, Esq. 21 22 23 24 25 26 27 28 -3- DECLARATION OF MICHAEL J. VROMAN IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL DEFENDANTS’ DISCOVERY RESPONSES AND IMPOSE SANCTIONS Exhibit A From: Soledad de Leon To: dmoriarty@cwmlaw.com; Andrew Werner; mckenzie.leblanc.prof@gmail.com Cc: Kristen Drake; Dana M. Reich Subject: E-SERVICE OF DOCUMENTS -Foshay v. Cypress Point - Pls." Discovery Request Date: Tuesday, September 21, 2021 1:42:36 PM Attachments: 2021-09-21 - [S] Pls." FRogs to Tyreece Younger (Set 1) - Plaintiff v. Defendant.pdf image001.png image002.png image003.png image004.png image005.png image006.png 2021-09-21 - [S] Pls." RFPDs to Alliance (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." RFPDs to Cypress Point (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." RFPDs to Greystar Worldwide LLC (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." RFPDs to LeBlanc (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." RFPDs to Younger (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." SRogs to Alliance (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." SRogs to Cypress Point (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." SRogs to Greystar (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." SRogs to LeBlanc (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." SRogs to Younger (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." FRogs to Alliance Comm. (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." FRogs to Cypress Point (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." FRogs to Greystar Worldwide LLC (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." FRogs to McKenzie LeBlanc (Set 1) - Plaintiff v. Defendant.pdf 2021-09-21 - POS - Plf." Disc. Req. - Foshay v. Cypress Point Re Investors.pdf Counsel, Please find attached for electronic service the following documents: PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT TYREECE YOUNGER’S FORM INTERROGATORIES (SET ONE) . PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR PRODUCTION OF, INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT ALLIANCE COMMUNITIES INC. PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR PRODUCTION OF, INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT CYPRESS POINT RE INVESTORS LLC. PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR PRODUCTION OF, INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT GREYSTAR WORLDWIDE LLC. PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR PRODUCTION OF, INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT MCKENZIE JEAN LEBLANC PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR PRODUCTION OF, INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT TYREECE YOUNGER. PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET ONE) TO DEFENDANT ALLIANCE COMMUNITIES INC. PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET ONE) TO DEFENDANT CYPRESS POINT RE INVESTORS LLC. PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET ONE) TO DEFENDANT GREYSTAR WORLDWIDE LLC PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET ONE) TO DEFENDANT MCKENZIE JEAN LEBLANC. PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET ONE) TO DEFENDANT TYREECE YOUNGER PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT ALLIANCE COMMUNITIES INC’S FORM INTERROGATORIES (SET ONE) PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT CYPRESS POINT RE INVESTORS LLC’S FORM INTERROGATORIES (SET ONE). PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT GREYSTAR WORLDWIDE LLC’S FORM INTERROGATORIES (SET ONE) PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT MCKENZIE JEAN LEBLANC’S FORM INTERROGATORIES (SET ONE) PROOF OF SERVICE. Should you have any questions, please contact our office. Best regards, Soledad De Leon, Case Manager Tenant Law Group, PC | A California Tenant Rights Law Firm Want to talk? Click here to schedule a call with me. | tenantlawgroupsf.com Tel: (888) 510-7511 | Dir: (415) 287-0231 | Fax: (888) 376-1662 100 Pine Street, Suite 1250 | San Francisco, CA 94111-5235 Recognized by Law Firm 500 in 2019 as the 22nd Fastest Growing Law Firm in the United States; and in 2020 as the 12th Fastest Growing Law Firm in the United States This email, along with any attachments, is confidential and may be legally privileged. If you have received it in error, please notify me immediately by replying to this message and then delete it. Please do not copy or use it for any purpose, or disclose its contents to any other person. Thank you. 1 Zoe E. Brown, Esq. (SBN 282961) zoe@tenantlawgroupsf.com 2 Anthony E. Castillon-Mendoza, Esq. (SBN 322887) tony@tenantlawgroupsf.com 3 Kristen E. Drake, Esq. (SBN 202827) 4 kristen@tenantlawgroupsf.com Ryan M. Herrera, Esq. (SBN 320865) 5 ryan@tenantlawgroupsf.com TENANT LAW GROUP, PC 6 100 Pine Street, Suite 1250 San Francisco, CA 94111-5235 7 Tel: (888) 510-7511 Fax: (888) 376-1662 8 Attorneys for Plaintiffs AMBER LYNN FOSHAY 9 and LINDA FOSHAY 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO 12 UNLIMITED JURISDICTION 13 14 AMBER LYNN FOSHAY, an Individual; and Case No. 20CV02600 LINDA FOSHAY, an Individual; 15 PROOF OF SERVICE 16 Plaintiffs, 17 v. 18 BRICK AND TIMBER, INC. aka BRICK + 19 TIMBER, INC., a California Corporation; LRL CITI PROPERTIES I DE, LLC, a Delaware 20 Limited Liability Company; CITI PROPERTIES I, LLC, a California Limited 21 Liability Company; CITI PROPERTIES, LLC, 22 a California Limited Liability Company; 204- 11 LP HOLDINGS LLC, a California Limited 23 Liability Company; AGPM 520 GEARY LP, a Delaware Limited Partnership; SF 24 MULTIFAMILY IV PROPERTY OWNER 25 LLC, a Delaware Limited Liability Company; BALLAST INVESTMENTS, LLC, a 26 California Limited Liability Company; and DOES 1 through 25, inclusive; 27 28 Defendants. -1- PROOF OF SERVICE PROOF OF SERVICE 1 2 I, Soledad De León, declare that I am a contractor for a law firm headquartered in the City and County of San Francisco, State of California; that I am over the age of eighteen (18); that I am 3 not a party to the within entitled action; and that my business address is 100 Pine Street, Suite 1250 San Francisco, CA 94111-5235. On September 21, 2021, I caused to be served the following 4 document(s): 5 • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT 6 TYREECE YOUNGER’S FORM INTERROGATORIES (SET ONE) . • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR 7 PRODUCTION OF, INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO 8 DEFENDANT ALLIANCE COMMUNITIES INC. • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR 9 PRODUCTION OF, INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO 10 DEFENDANT CYPRESS POINT RE INVESTORS LLC. • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR 11 PRODUCTION OF, INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT GREYSTAR WORLDWIDE LLC. 12 • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR 13 PRODUCTION OF, INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT MCKENZIE JEAN LEBLANC 14 • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR PRODUCTION OF, INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO 15 DEFENDANT TYREECE YOUNGER. 16 • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET ONE) TO DEFENDANT ALLIANCE COMMUNITIES 17 INC. 18 • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET ONE) TO DEFENDANT CYPRESS POINT RE 19 INVESTORS LLC. • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL 20 INTERROGATORIES (SET ONE) TO DEFENDANT GREYSTAR WORLDWIDE LLC 21 • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET ONE) TO DEFENDANT MCKENZIE JEAN LEBLANC. 22 • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL 23 INTERROGATORIES (SET ONE) TO DEFENDANT TYREECE YOUNGER • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT 24 ALLIANCE COMMUNITIES INC’S FORM INTERROGATORIES (SET ONE) • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT 25 CYPRESS POINT RE INVESTORS LLC’S FORM INTERROGATORIES (SET ONE). 26 • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT GREYSTAR WORLDWIDE LLC’S FORM INTERROGATORIES (SET ONE) 27 • PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT 28 MCKENZIE JEAN LEBLANC’S FORM INTERROGATORIES (SET ONE) -2- PROOF OF SERVICE in said action by serving in the manner(s) described below to each of the following parties: 1 2 Dennis F. Moriarty, Esq. McKenzie LeBlanc Andrew S. Werner, Esq. 109 Felix St. #1 3 CESARI, WERNER AND MORIARTY Santa Cruz, CA 95060 75 Southgate Avenue Email: mckenzie.leblanc.prof@gmail.com 4 Daly City, CA 94015 Tel: 978-490-8905 5 dmoriarty@cwmlaw.com; awerner@cwmlaw.com 6 Tel: 650-991-5126 Fax: 650-991-5134 7 Attorney for Defendants Cypress Point RE 8 Investors, LLC; Alliance Communities, Inc.; and Greystar Worldwide, LLC 9 (By Electronic Mail) I caused said document(s) to be I caused said document(s) to be 10 transmitted to the email address(es) of the above addressee(s). No electronic message or other 11 indication that the transmission was unsuccessful was received within a reasonable time after the transmission. 12 I declare under penalty of perjury that the foregoing is true and correct, and that this Proof 13 of Service was executed on September 21, 2021. 14 15 ______________________________________ Soledad De León 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- PROOF OF SERVICE Exhibit B From: Soledad de Leon To: tmatranga@cwmlaw.com Cc: Kristen Drake; Dana M. Reich; Soledad de Leon Subject: RE: Foshay vs. Cypress Point / Our File No. 6487-3-2-6 Date: Wednesday, October 27, 2021 8:55:29 AM Attachments: image001.png image002.png image003.png image004.png image005.png image006.png Dear Terri, Apologizes for the belated response. It is granted a 3-week extension including 11/15/21 to respond to plaintiff’s discovery. Please in the future, email any extension requests to Soledad, Dana and Kristen (both Cc´d here) to ensure prompt response. On the other hand, we are looking into alternative dates for Amber Foshay’s deposition and will be in touch. Best, Lucia. Lucia Moya Romero, Executive Assistant Tenant Law Group, PC | A California Tenant Rights Law Firm Tel: (888) 510-7511 | Dir: (415) 287-0243 | Fax: (888) 376-1662 100 Pine Street, Suite 1250 | San Francisco, CA 94111-5235 New client? Click here to get started. | tenantlawgroupsf.com Recognized by Law Firm 500 in 2019 as the 22nd Fastest Growing Law Firm in the United States; and in 2020 as the 12th Fastest Growing Law Firm in the United States This email, along with any attachments, is confidential and may be legally privileged. If you have received it in error, please notify me immediately by replying to this message and then delete it. Please do not copy or use it for any purpose, or disclose its contents to any other person. Thank you. From: Terri Matranga Sent: Tuesday, October 26, 2021 9:31 AM To: Soledad de Leon Subject: FW: Foshay vs. Cypress Point / Our File No. 6487-3-2-6 Hi Soledad I’m following up on my two voicemails sent to you yesterday and today requesting a 3 week extension of time up to and including 11/15/21 to respond to plaintiff’s outstanding discovery. Also please advise when you can produce plaintiff for deposition. Please advise at your earliest convenience. Thank you. Terri Terri L. Matranga Sanford Office Manager Legal Assistant to Dennis F. Moriarty/Andrew S. Werner CESARI, WERNER AND MORIARTY 75 Southgate Avenue Daly City, CA 94015 Tel: (650) 991-5126 x 23 Fax: (650) 991-5134 tmatranga@cwmlaw.com This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam. From: Dana M. Reich To: dmoriarty@cwmlaw.com (Other); Andrew Werner (Other); mckenzie.leblanc@gmail.com (Other) Cc: Kristen Drake; Terri Matranga (Other); Judith Sampson (Other) Bcc: 1575d6967+matter1333362811@maildrop.clio.com Subject: FW: E-SERVICE OF DOCUMENTS -Foshay v. Cypress Point - Pls." Discovery Request Date: Tuesday, October 26, 2021 10:22:00 AM Attachments: 2021-09-21 - [S] Pls." FRogs to Tyreece Younger (Set 1) - Plaintiff v. Defendant.pdf image001.png image002.png image003.png image004.png image005.png image006.png 2021-09-21 - [S] Pls." RFPDs to Alliance (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." RFPDs to Cypress Point (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." RFPDs to Greystar Worldwide LLC (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." RFPDs to LeBlanc (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." RFPDs to Younger (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." SRogs to Alliance (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." SRogs to Cypress Point (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." SRogs to Greystar (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." SRogs to LeBlanc (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." SRogs to Younger (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." FRogs to Alliance Comm. (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." FRogs to Cypress Point (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." FRogs to Greystar Worldwide LLC (Set 1) - Foshay v. Cypress Point.pdf 2021-09-21 - [S] Pls." FRogs to McKenzie LeBlanc (Set 1) - Plaintiff v. Defendant.pdf 2021-09-21 - POS - Plf." Disc. Req. - Foshay v. Cypress Point Re Investors.pdf image007.png Ms. LeBlanc and Counsel, The deadline for responses to Plaintiffs’ attached discovery requests was yesterday, October 25th. As of today, our office has not received any discovery responses from Defendants. Please advise when our office may receive Defendants’ discovery responses and responsive document production. Regards, Dana M. Reich, Senior Paralegal Tenant Law Group, PC | A California Tenant Rights Law Firm Tel: (888) 510-7511 | Fax: (888) 376-1662 100 Pine Street, Suite 1250 | San Francisco, CA 94111-5235 New client? Click here to get started. | tenantlawgroupsf.com Recognized by Law Firm 500 in 2019 as the 22nd Fastest Growing Law Firm in the United States; and in 2020 as the 12th Fastest Growing Law Firm in the United States This email, along with any attachments, is confidential and may be legally privileged. If you have received it in error, please notify me immediately by replying to this message and then delete it. Please do not copy or use it for any purpose, or disclose its contents to any other person. Thank you. From: Soledad de Leon Sent: Tuesday, September 21, 2021 1:42 PM To: dmoriarty@cwmlaw.com; Andrew Werner ; mckenzie.leblanc.prof@gmail.com Cc: Kristen Drake ; Dana M. Reich Subject: E-SERVICE OF DOCUMENTS -Foshay v. Cypress Point - Pls.' Discovery Request Counsel, Please find attached for electronic service the following documents: PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT TYREECE YOUNGER’S FORM INTERROGATORIES (SET ONE) . PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR PRODUCTION OF, INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT ALLIANCE COMMUNITIES INC. PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR PRODUCTION OF, INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT CYPRESS POINT RE INVESTORS LLC. PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR PRODUCTION OF, INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT GREYSTAR WORLDWIDE LLC. PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR PRODUCTION OF, INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT MCKENZIE JEAN LEBLANC PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S DEMAND FOR PRODUCTION OF, INSPECTION, AND COPYING OF DOCUMENTS (SET ONE) TO DEFENDANT TYREECE YOUNGER. PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET ONE) TO DEFENDANT ALLIANCE COMMUNITIES INC. PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET ONE) TO DEFENDANT CYPRESS POINT RE INVESTORS LLC. PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET ONE) TO DEFENDANT GREYSTAR WORLDWIDE LLC PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET ONE) TO DEFENDANT MCKENZIE JEAN LEBLANC. PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY’S SPECIAL INTERROGATORIES (SET ONE) TO DEFENDANT TYREECE YOUNGER PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT ALLIANCE COMMUNITIES INC’S FORM INTERROGATORIES (SET ONE) PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT CYPRESS POINT RE INVESTORS LLC’S FORM INTERROGATORIES (SET ONE). PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT GREYSTAR WORLDWIDE LLC’S FORM INTERROGATORIES (SET ONE) PLAINTIFFS AMBER LYNN FOSHAY AND LINDA FOSHAY TO DEFENDANT MCKENZIE JEAN LEBLANC’S FORM INTERROGATORIES (SET ONE) PROOF OF SERVICE. Should you have any questions, please contact our office. Best regards, Soledad De Leon, Case Manager Tenant Law Group, PC | A California Tenant Rights Law Firm Want to talk? Click here to schedule a call with me. | tenantlawgroupsf.com Tel: (888) 510-7511 | Dir: (415) 287-0231 | Fax: (888) 376-1662 100 Pine Street, Suite 1250 | San Francisco, CA 94111-5235 Recognized by Law Firm 500 in 2019 as the 22nd Fastest Growing Law Firm in the United States; and in 2020 as the 12th Fastest Growing Law Firm in the United States This email, along with any attachments, is confidential and may be legally privileged. If you have received it in error, please notify me immediately by replying to this message and then delete it. Please do not copy or use it for any purpose, or disclose its contents to any other person. Thank you. Exhibit C From: Kristen Drake To: Andrew Werner Cc: Dana M. Reich; Terri Matranga; Sharon N. Derrier Subject: Re: Amber Foshay / Our File No. 6487-3-2-6 Date: Monday, November 22, 2021 12:50:57 PM Andrew, Yes, we will get you rescheduled dates for Amber Foshay’s deposition. I understand that in both this case and Gutierrez v. San Marino re Investors, defendants have not provided any responses to the discovery requests. Do you have a date when objection-free responses can expected to be received? Thank you, Also, in Gutierrez v. San Marino re Investors we’ve asked for available dates for defendants’ depositions, but have not yet received a response. Please provide. Thanks, photo Kristen E. Drake, Trial Counsel Tenant Law Group, PC | A California Tenant Rights Law Firm Tel: (888) 510-7511 | Fax: (888) 376-1662 100 Pine Street, Suite 1250 | San Francisco, CA 94111-5235 New client? Click here to get started. | tenantlawgroupsf.com Recognized by Law Firm 500 in 2019 as the 22nd Fastest Growing Law Firm in the United States; and in 2020 as the 12th Fastest Growing Law Firm in the United States This email, along with any attachments, is confidential and may be legally privileged. If you have received it in error, please notify me immediately by replying to this message and then delete it. Please do not copy or use it for any purpose, or disclose its contents to any other person. Thank you. From: Andrew Werner Sent: Monday, November 22, 2021 7:55 AM To: Kristen Drake Cc: Dana M. Reich ; Soledad de Leon ; Terri Matranga Subject: Amber Foshay / Our File No. 6487-3-2-6 Good morning Kristen. We’d like to get Ms. Foshay’s deposition – originally scheduled for October 14th - back on calendar. Kindly provide us some proposed dates for this deposition within the next thirty (30) days. Thanks, Andrew ANDREW S. WERNER, ESQ. CESARI, WERNER AND MORIARTY 75 Southgate Avenue Daly City, CA 94015 Direct: (650) 991-5126 ext. 13 Fax: (650) 991-5134 E-mail: awerner@cwmlaw.com This email has been scanned for spam and viruses by Proofpoint Essentials. Click here to report this email as spam.