Preview
ELECTRONICALLY FILED
Saul Reiss, SBN 48528 Superior Court of California
1
reisslaw@reisslaw.net County of Santa Barbara
2 Fay Pugh, SBN 198708 Darrel E. Parker, Executive Officer
fay.pugh@outlook.com 4/12/2023 12:28 PM
3 Law Offices of Saul Reiss, P.C. By: Blanca Delabra , Deputy
11835 W. Olympic Blvd., Suite 415E
4
Los Angeles, Ca 90064
5 Tel.: 310-450-2888 Fax.: 310-450-2885
Attorney for Defendants ARA BALJIAN and BMI GROUP, INC.
6 and Defendant/Cross-Complainant LE PHUQUE, LLC and
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SANTA BARBARA – COOK BRANCH
10
GARY E. HAUENSTEIN, an individual, ) Case No.: 20CV03544
11 )
GWEN J. HAUENSTEIN, an individual, [Assigned to the Honorable James F. Rigali –
)
12 ) Dept. SM 2]
Plaintiffs, )
13 ) SEPARATE STATEMEN IN SUPPORT
vs. ) OF MOTION BY DEFENDANT LE
14 )
) PHUQUE, LLC TO COMPEL
15 ARA BALJIAN, an individual; LE ) PLAINTIFF GWEN J. HAUENSTEIN TO
PHUQUE, LLC, a California Limited ) WITHDRAW HER UNTIMELY
16 Liability Company; BMI GROUP, INC., a ) OBJECTIONS AND PROVIDE
California Corporation; DAVID ) FURTHER RESPONSES TO DEMAND
17 )
AGAZARYAN, an individual; MEHRAN ) FOR PRODUCTION OF DOCUMENTS,
18 aka “MIKE” AGAZARYAN, an ) SET ONE AND FOR IMPOSITION OF
individual; ARMAN KARKOTSYAN, an ) MONETARY SANCTIONS
19 )
individual; and Does 4-50, inclusive,
) [Concurrently filed with Declaration of Fay
20 )
Defendants. ) Pugh and Defendant’s Motion]
21 LE PHUQUE, LLC, a California Limited )
Liability Company, ) Date: June 6, 2023
22 ) Time: 8:30 a.m.
) Place: Dept. SM2
23 Cross-Complainant, )
)
24 Vs. ) Complaint Filed: October 27, 2020
) Trial Date: None
25 )
GARY E. HAUENSTEIN, an individual, )
26 GWEN J. HAUENSTEIN, an individual, )
and ROES 1 to 50, inclusive, )
27 )
)
28 Cross-Defendants. )
1
SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF
TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP
1 Defendant Le Phuque, LLC (“Defendant”) hereby respectfully submits the following
2 Separate Statement in support of its Motion for an Order Compelling Plaintiff Gwen J.
3 Hauenstein (“Plaintiff”) Withdraw her Objections to the Entire First Set of Demand for
4 Production of Documents and Provide Further Responses to Demand Numbers 1 through 39
5 and for Imposition of Monetary Sanctions:
6
7 INSTRUCTIONS IN THE DEMAND
8 Demand is hereby made that responding parties produce for inspection and copying each
9 and every writing or tangible thing in responding parties’ possession, custody or control, or in
10 the possession, custody or control of responding parties’ representatives, attorneys and agents,
11 which is included in each of the following categories.
12 If any such document or thing was in responding parties' possession custody or control,
13 but no longer is, please state the name, address, and telephone number of the present custodian
14 of each such document.
15 Responding party is to produce the ORIGINAL of the document requested. If the
16 original is not in the possession, custody or control of responding party, please state the name,
17 address and telephone number of the present custodian of such document, and, produce a copy.
18 This demand is not intended to reach any documents contended to be covered by the
19 attorney-client or work-product privileges. For each document where such privileges are
20 claimed, please provide the following:
21 1. The exact name and title by which you refer to it;
22 2. The date or other identifying numbers thereon;
23 3. The identity of each person who wrote, signed, initialed, or otherwise participated
24 in the execution of the document, and,
25 4. The reason why you have failed to produce such document and all facts that
26 support said reason.
27 Responding party is required to make a written response to this demand for production
28 within thirty (30) days of service of this demand.
2
SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF
TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP
1 The inspection and copying will take place at 2800 28TH Street, Suite 328, Santa
2 Monica, California 90405, within thirty days from the date of service of this demand and shall
3 be accomplished by the delivery of the requested documents, which shall then be inspected and
4 copied, and then returned to the person who delivered them.
5 DEFINITIONS
6 The following terms and definitions shall apply:
7 1. As used herein, the terms “DOCUMENT” and/or “DOCUMENTS” shall mean
8 any and all DOCUMENTS, COMMUNICATIONS, memoranda, notes, diaries, letters,
9 telegrams, telexes, telefaxes, minutes, contracts, reports, studies, checks, statements, receipts,
10 returns, summaries, pamphlets, books, inter-office and intra-office COMMUNICATIONS,
11 notations of any sort of conversations, telephone calls, meetings, or other
12 COMMUNICATIONS, bulletins, computer printouts, invoices, and worksheets; forms of
13 drafts, notations, workings, alterations, modifications, changes and amendments of any of the
14 foregoing, tangible things, and property of any kind, and all “WRITINGS” as that term is
15 defined in California Evidence Code Section 250, including, any form of data storage,
16 including written, typed, printed and copied records, and also all forms of electronic data
17 storage. The term “WRITINGS”, as used herein, means handwriting, typewriting, printing,
18 photographing and every other means of recording upon any tangible things, any form of
19 communication or representation including letters, words, pictures, sounds or symbols, or
20 combinations thereof.” The term “WRITINGS” as used herein, includes not only paper-based
21 data storage, such as documents, letters, books, diagrams, drawings, maps, surveys, reports,
22 facsimiles, correspondence, notes, printed pictures, chemical film photographs, memos,
23 charts, lists, invoices, minutes, and letters, but also items store in electronic form or on
24 electronic or magnetic media, including but not limited to text messages and e-mails.
25 Therefore, the term “WRITINGS,” as used herein, includes graphical or anural records or
26 representations of any kind, including, without limitation, photographs, charts, microfiche,
27 microfilm, videotape, records, motion pictures, tapes, cassettes, disks, and recordings; and
28 (iv) electronic/computer DOCUMENTS of any kind, including, without limitation,
3
SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF
TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP
1 electronically stored information, computer storage media, electronic mail, electronic data,
2 computer disks, floppy disks, CD-ROM disks, Zip disks, computer tapes, computer cards,
3 computer programs, computer software, computer readable media, machine sensible media,
4 electronically stored media and any other stored information. e-mails, text messages, data
5 files, digital photographs, HTML files, voice mail, standard and micro cassette tapes,
6 answering machine tapes, JPEG files, PDF files, instant messages, digital recorder memories,
7 instant messaging records, print files, zip files, Internet pages, script, objects, programs,
8 whether stored on hard drives, servers, Internet storage cassette tapes, reel to reel tapes, off-
9 site electronic storage, disks, diskettes, tape drivers, optical disks, memory sticks and chips or
10 any similar material.
11 2. As used herein, the word “COMMUNICATION” means and includes any oral,
12 written or electronic conversation, meeting, conference, correspondence, communication,
13 message, note or memorandum.
14 3. As used herein the word “CONCERNING” shall have and include not only its
15 commonly understood meaning, but the following meanings as well, where applicable:
16 relating to comprising, reflecting, evidencing, constituting, pertaining to, dealing with and
17 showing.
18 4. As used herein, the words “RELATION TO” shall have and include not only
19 their commonly understood meaning, but the following meanings as well, where applicable:
20 relating to, comprising, reflecting, evidencing, constituting, pertaining to and dealing with.
21 5. As used herein “PERSON” means any natural person, corporation,
22 partnership, association, trust, group, organization, agency, bureau, department or entity or
23 any other entity, or any combination thereof.
24 6. As used herein, the singular shall include the plural and vice versa.
25 7. As used herein, the term “YOU” or “YOUR” or “YOURS” refers to each party
26 to whom this request for production of documents is directed, her agents, employees, officers,
27 and directors, attorneys and those employed by her attorneys and YOUR daughter Karin
28 Hauenstein.
4
SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF
TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP
1 8. As used herein, “EACH” shall mean “each and every”.
2 9. As used herein, “OR” shall mean “and/or”.
3 10. As used herein “IDENTIFY” with respect to a PERSON, means to provide the
4 PERSON(S) name, last known business and residential addresses and last known business
5 and residential telephone numbers and their relationship to YOU.
6 11. As used herein, “IDENTIFY” with respect to a DOCUMENT, means to state
7 the type of DOCUMENT(S), the title by which it is referred, the date of the DOCUMENT(S),
8 the identity of each PERSON(S) creating the DOCUMENT(S), the identify of each
9 PERSON(S) to whom the DOCUMENT(S) was addressed or sent, any file number used in
10 connection with the DOCUMENT(S), present location and all copies thereof, and a general
11 description of the subject matter.
12 12. As used herein, “SAC” refers YOUR Second Amended Complaint filed in this
13 action.
14 13. As used herein, the term “PROPERTY” refers to the real property commonly
15 known as 3333 Avena Road, Lompoc, California (APN 099-330-004) and adjacent parcels
16 APN: 099-060-006 and APN 099-060-011.
17 DEMAND FOR PRODUCTION OF DOCUMENTS
18 DEMAND NO. 1.:
19 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 33 of SAC that
20 “a. These Plaintiffs never would have acquiesced to Defendant Ara Baljian's insistence that
21 Plaintiffs execute a lien to him or any of the entities he controls, or to backdating the Land
22 Lease Agreement, had they known of his/their time intentions (to not perform as he/they
23 promised, and to embark upon a scheme to swindle them out of all 3 parcels of their property,
24 including their family home).”
25 Response:
26 This Responding party will comply with this request at such time as such responsive
27 documents become available to this responding party and will supplement their responses to
28 reflect the same when obtained.
5
SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF
TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP
1 Argument:
2 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must
3 have had documents in support of her own allegations before filing the action and has had
4 ample time since the filing of the action and the service of the discovery months ago to locate
5 and produce the documents. In fact, she has had since August of 2022 to now to find
6 documents and produce the same.
7 It is unclear why the documents are not available and how they will become available
8 at a later time. When will the documents become available? The term “when obtained” is
9 unacceptable. If Plaintiff does not currently have responsive documents, then the proper
10 response is an inability to comply. If Plaintiff is unable to comply, then her response shall
11 state that a diligent search and reasonable inquiry has been made in an effort to locate the item
12 demanded and the reason she is unable to comply, e.g., the document never existed, has been
13 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party,
14 in which case, the response must state the name and address of anyone believed to have the
15 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents,
16 she can always amend her responses and produce the responsive documents.
17 DEMAND NO. 2.:
18 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 33 of SAC that
19 “b. The facts that were concealed by Defendants Ara Baljian, Le Phuque LLC, and/or BMI
20 Group Inc., Doe 1 (D. Agazaryan), Doe 2 (M. Agazaryan), and Doe 3 (A. Karkotsyan) were
21 material facts, and by the concealment thereof by him/them, deprived and divested these
22 Plaintiffs of the opportunity to make informed business decisions attendant to the matters
23 discussed and alleged herein this Complaint, and had those material facts (and true intentions)
24 been made known to these Plaintiffs, these Plaintiffs would not have engaged nor done
25 business with Defendant Ara Baljian, Le Phuque LLC, and/or BMI Group Inc. as they did.”
26 ///
27 ///
28 ///
6
SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF
TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP
1 Response:
2 This Responding party will comply with this request at such time as such responsive
3 documents become available to this responding party and will supplement their responses to
4 reflect the same when obtained.
5 Argument:
6 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must
7 have had documents in support of her own allegations before filing the action and has had
8 ample time since the filing of the action and the service of the discovery months ago to locate
9 and produce the documents. In fact, she has had since August of 2022 to now to find
10 documents and produce the same.
11 It is unclear why the documents are not available and how they will become available
12 at a later time. When will the documents become available? The term “when obtained” is
13 unacceptable. If Plaintiff does not currently have responsive documents, then the proper
14 response is an inability to comply. If Plaintiff is unable to comply, then her response shall
15 state that a diligent search and reasonable inquiry has been made in an effort to locate the item
16 demanded and the reason she is unable to comply, e.g., the document never existed, has been
17 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party,
18 in which case, the response must state the name and address of anyone believed to have the
19 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents,
20 she can always amend her responses and produce the responsive documents.
21 DEMAND NO. 3.:
22 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 33 of SAC that
23 “c. The acts and omissions to act by Defendant Ara Baljian, as well as the acts and omissions
24 to act of Defendants Le Phuque LLC, BMI Group Inc., Doe 1 (D. Agazaryan), Doe 2 (M.
25 Agazaryan), and Doe 3 (A. Karkotsyan) by and through (and without limitation) the acts and
26 omissions to act by Defendant Ara Baljian, were willful, wanton, malicious, and oppressive,
27 and were undertaken with intent to defraud, and justify the awarding of exemplary and
28 punitive damages in an amount according to proof.”
7
SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF
TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP
1 Response:
2 This Responding party will comply with this request at such time as such responsive
3 documents become available to this responding party and will supplement their responses to
4 reflect the same when obtained.
5 Argument:
6 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must
7 have had documents in support of her own allegations before filing the action and has had
8 ample time since the filing of the action and the service of the discovery months ago to locate
9 and produce the documents. In fact, she has had since August of 2022 to now to find
10 documents and produce the same.
11 It is unclear why the documents are not available and how they will become available
12 at a later time. When will the documents become available? The term “when obtained” is
13 unacceptable. If Plaintiff does not currently have responsive documents, then the proper
14 response is an inability to comply. If Plaintiff is unable to comply, then her response shall
15 state that a diligent search and reasonable inquiry has been made in an effort to locate the item
16 demanded and the reason she is unable to comply, e.g., the document never existed, has been
17 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party,
18 in which case, the response must state the name and address of anyone believed to have the
19 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents,
20 she can always amend her responses and produce the responsive documents.
21 DEMAND NO. 4.:
22 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 34 of SAC that
23 “Defendant Ara Baljian, an individual and in his representative capacities for Le Phuque LLC
24 and BMI Group Inc., intentionally, without limitation, did not disclose to Plaintiffs that
25 he/they intended to perfect the "lien" and/or use it against the Plaintiffs, but instead use it as
26 a means, ruse and inducement to swindle Plaintiffs out of their property(ies), knowing
27 Plaintiffs to be seniors of advanced age, and not accustomed to, or experienced without
28 limitation, the business of commercial cannabis cultivation operations.”
8
SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF
TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP
1 Response:
2 This Responding party will comply with this request at such time as such responsive
3 documents become available to this responding party and will supplement their responses to
4 reflect the same when obtained.
5 Argument:
6 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must
7 have had documents in support of her own allegations before filing the action and has had
8 ample time since the filing of the action and the service of the discovery months ago to locate
9 and produce the documents. In fact, she has had since August of 2022 to now to find
10 documents and produce the same.
11 It is unclear why the documents are not available and how they will become available
12 at a later time. When will the documents become available? The term “when obtained” is
13 unacceptable. If Plaintiff does not currently have responsive documents, then the proper
14 response is an inability to comply. If Plaintiff is unable to comply, then her response shall
15 state that a diligent search and reasonable inquiry has been made in an effort to locate the item
16 demanded and the reason she is unable to comply, e.g., the document never existed, has been
17 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party,
18 in which case, the response must state the name and address of anyone believed to have the
19 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents,
20 she can always amend her responses and produce the responsive documents.
21 DEMAND NO. 5.:
22 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 34 of SAC that
23 “a. Plaintiffs assert that Defendant Ara Baljian manifested his true intentions by both his acts
24 and omissions to act by and without limitation (i) using the lien as a basis to commence a
25 wrongful foreclosure, and (ii) not (or rather---never) seeking the permits required for the
26 commercial cannabis cultivation operations as mandated by the County of Santa Barbara, and
27 as required under the Land Lease Agreement.”
28 ///
9
SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF
TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP
1 Response:
2 This Responding party will comply with this request at such time as such responsive
3 documents become available to this responding party and will supplement their responses to
4 reflect the same when obtained.
5 Argument:
6 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must
7 have had documents in support of her own allegations before filing the action and has had
8 ample time since the filing of the action and the service of the discovery months ago to locate
9 and produce the documents. In fact, she has had since August of 2022 to now to find
10 documents and produce the same.
11 It is unclear why the documents are not available and how they will become available
12 at a later time. When will the documents become available? The term “when obtained” is
13 unacceptable. If Plaintiff does not currently have responsive documents, then the proper
14 response is an inability to comply. If Plaintiff is unable to comply, then her response shall
15 state that a diligent search and reasonable inquiry has been made in an effort to locate the item
16 demanded and the reason she is unable to comply, e.g., the document never existed, has been
17 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party,
18 in which case, the response must state the name and address of anyone believed to have the
19 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents,
20 she can always amend her responses and produce the responsive documents.
21 DEMAND NO. 6.:
22 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 35 of SAC that
23 “Defendants Ara Baljian, Le Phuque LLC and BMI Group Inc., and each of them, used the
24 commercial cannabis cultivation operations business as a ruse to induce Plaintiffs to pledge
25 (by lien thereon) the subject property(ies) as security for the "loan", a "loan" that was for the
26 expressed benefit of others, to wit and without limitation, David Agazaryan, Mehran "Mike"
27 Agazaryan and/or Annan Karkotsyan and BMI Group Inc. and thereby making the
28 Hauensteins a subsequent intended beneficiary of the "loan/investment" knowing that these
10
SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF
TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP
1 Defendants (Baljian, Le Phuque LLC and BMI Group Inc.), and each of them, intended to lull
2 the Plaintiffs into a false sense of security and then wrongfully foreclose on the subject
3 properties, or otherwise assert wrongful claims to the property(ies) located at 3333 Avena
4 Road, Lompoc, CA 93436.”
5 Response:
6 This Responding party will comply with this request at such time as such responsive
7 documents become available to this responding party and will supplement their responses to
8 reflect the same when obtained.
9 Argument:
10 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must
11 have had documents in support of her own allegations before filing the action and has had
12 ample time since the filing of the action and the service of the discovery months ago to locate
13 and produce the documents. In fact, she has had since August of 2022 to now to find
14 documents and produce the same.
15 It is unclear why the documents are not available and how they will become available
16 at a later time. When will the documents become available? The term “when obtained” is
17 unacceptable. If Plaintiff does not currently have responsive documents, then the proper
18 response is an inability to comply. If Plaintiff is unable to comply, then her response shall
19 state that a diligent search and reasonable inquiry has been made in an effort to locate the item
20 demanded and the reason she is unable to comply, e.g., the document never existed, has been
21 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party,
22 in which case, the response must state the name and address of anyone believed to have the
23 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents,
24 she can always amend her responses and produce the responsive documents.
25 DEMAND NO. 7.:
26 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 35 of SAC that
27 “a. At no time relevant, did Ara Baljian, Le Phuque LLC or BMI Group Inc. actually apply
28 for, attempt to apply for, secure or attempt to secure any legal permit from the County of Santa
11
SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF
TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP
1 Barbara for the commercial cannabis cultivation operations on Plaintiffs' land, and this
2 omission to act without limitation, manifests their mal-intent and deviousness, and was still
3 further and without limitation, in violation of the written Land Lease Agreement executed by
4 Ara Baljian as previously mentioned and described above herein, and specifically Article 2-
5 Agreement And Use, at subsection 2.4 Government Approvals.”
6 Response:
7 This Responding party will comply with this request at such time as such responsive
8 documents become available to this responding party and will supplement their responses to
9 reflect the same when obtained.
10 Argument:
11 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must
12 have had documents in support of her own allegations before filing the action and has had
13 ample time since the filing of the action and the service of the discovery months ago to locate
14 and produce the documents. In fact, she has had since August of 2022 to now to find
15 documents and produce the same.
16 It is unclear why the documents are not available and how they will become available
17 at a later time. When will the documents become available? The term “when obtained” is
18 unacceptable. If Plaintiff does not currently have responsive documents, then the proper
19 response is an inability to comply. If Plaintiff is unable to comply, then her response shall
20 state that a diligent search and reasonable inquiry has been made in an effort to locate the item
21 demanded and the reason she is unable to comply, e.g., the document never existed, has been
22 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party,
23 in which case, the response must state the name and address of anyone believed to have the
24 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents,
25 she can always amend her responses and produce the responsive documents.
26 DEMAND NO. 8.:
27 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 36 of SAC that
28 “These Defendants (Baljian, Le Phuque LLC, BMI Group Inc., and Does 1-3), and each of
12
SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF
TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP
1 them, used the representations, inducements and promises of "profits beyond imagination"
2 from the commercial cannabis cultivation operations business as bait to induce Plaintiffs into
3 securitizing the loan, lien and/or Land Lease Agreement{s) with the subject properties, and
4 did so while knowing the Plaintiffs' advanced ages, lack of understanding about the
5 commercial cannabis cultivation business and inadequate business acumen.”
6 Response:
7 This Responding party will comply with this request at such time as such responsive
8 documents become available to this responding party and will supplement their responses to
9 reflect the same when obtained.
10 Argument:
11 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must
12 have had documents in support of her own allegations before filing the action and has had
13 ample time since the filing of the action and the service of the discovery months ago to locate
14 and produce the documents. In fact, she has had since August of 2022 to now to find
15 documents and produce the same.
16 It is unclear why the documents are not available and how they will become available
17 at a later time. When will the documents become available? The term “when obtained” is
18 unacceptable. If Plaintiff does not currently have responsive documents, then the proper
19 response is an inability to comply. If Plaintiff is unable to comply, then her response shall
20 state that a diligent search and reasonable inquiry has been made in an effort to locate the item
21 demanded and the reason she is unable to comply, e.g., the document never existed, has been
22 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party,
23 in which case, the response must state the name and address of anyone believed to have the
24 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents,
25 she can always amend her responses and produce the responsive documents.
26 DEMAND NO. 9.:
27 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 36 of SAC that
28 “a. Defendant Ara Baljian, among other things, made false declarations, statements, promises
13
SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF
TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP
1 and covenants to the effect that these Plaintiffs would substantially profit from his
2 involvement and financial backing of the commercial cannabis cultivation operation managed
3 by the Agazaryans/Karkotsyan on the Hauenstein land through the opportunity for expansion,
4 all the while knowing he was baiting them to trust and believe him, knowing he was actually
5 deceiving these Plaintiffs.”
6 Response:
7 This Responding party will comply with this request at such time as such responsive
8 documents become available to this responding party and will supplement their responses to
9 reflect the same when obtained.
10 Argument:
11 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must
12 have had documents in support of her own allegations before filing the action and has had
13 ample time since the filing of the action and the service of the discovery months ago to locate
14 and produce the documents. In fact, she has had since August of 2022 to now to find
15 documents and produce the same.
16 It is unclear why the documents are not available and how they will become available
17 at a later time. When will the documents become available? The term “when obtained” is
18 unacceptable. If Plaintiff does not currently have responsive documents, then the proper
19 response is an inability to comply. If Plaintiff is unable to comply, then her response shall
20 state that a diligent search and reasonable inquiry has been made in an effort to locate the item
21 demanded and the reason she is unable to comply, e.g., the document never existed, has been
22 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party,
23 in which case, the response must state the name and address of anyone believed to have the
24 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents,
25 she can always amend her responses and produce the responsive documents.
26 DEMAND NO. 10.:
27 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 36 of SAC that
28 “The acts and omissions to act by Defendant Ara Baljian, as well as the acts and omissions to
14
SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF
TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP
1 act of Defendants Le Phuque LLC, BMI Group Inc., and Does 1-3, by and through (and
2 without limitation) the acts and omissions to act by Defendant Ara Baljian, were willful,
3 wanton, malicious, and oppressive, and were undertaken with intent to defraud, and justify
4 the awarding of exemplary and/or appropriate punitive damages in an amount according to
5 proof.”
6 Response:
7 This Responding party will comply with this request at such time as such responsive
8 documents become available to this responding party and will supplement their responses to
9 reflect the same when obtained.
10 Argument:
11 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must
12 have had documents in support of her own allegations before filing the action and has had
13 ample time since the filing of the action and the service of the discovery months ago to locate
14 and produce the documents. In fact, she has had since August of 2022 to now to find
15 documents and produce the same.
16 It is unclear why the documents are not available and how they will become available
17 at a later time. When will the documents become available? The term “when obtained” is
18 unacceptable. If Plaintiff does not currently have responsive documents, then the proper
19 response is an inability to comply. If Plaintiff is unable to comply, then her response shall
20 state that a diligent search and reasonable inquiry has been made in an effort to locate the item
21 demanded and the reason she is unable to comply, e.g., the document never existed, has been
22 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party,
23 in which case, the response must state the name and address of anyone believed to have the
24 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents,
25 she can always amend her responses and produce the responsive documents.
26 DEMAND NO. 11.:
27 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 36 of SAC that
28 “b. The acts and omissions to act and other things used by Defendant Ara Baljian to induce
15
SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF
TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP
1 these Plaintiffs to act and/or agree with him, were material ill nature, going to the essence of
2 the oral promises made by Defendant Ara Baljian to these Plaintiffs, and to those contained
3 in the written agreements entered into by Defendants Ara Baljian, Le Phuque LLC and/or
4 BMI Group Inc. with these Plaintiffs, and such inducements were malicious, false, devious,
5 and ill-willed.”
6 Response:
7 This Responding party will comply with this request at such time as such responsive
8 documents become available to this responding party and will supplement their responses to
9 reflect the same when obtained.
10 Argument:
11 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must
12 have had documents in support of her own allegations before filing the action and has had
13 ample time since the filing of the action and the service of the discovery months ago to locate
14 and produce the documents. In fact, she has had since August of 2022 to now to find
15 documents and produce the same.
16 It is unclear why the documents are not available and how they will become available
17 at a later time. When will the documents become available? The term “when obtained” is
18 unacceptable. If Plaintiff does not currently have responsive documents, then the proper
19 response is an inability to comply. If Plaintiff is unable to comply, then her response shall
20 state that a diligent search and reasonable inquiry has been made in an effort to locate the item
21 demanded and the reason she is unable to comply, e.g., the document never existed, has been
22 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party,
23 in which case, the response must state the name and address of anyone believed to have the
24 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents,
25 she can always amend her responses and produce the responsive documents.
26 DEMAND NO. 12.:
27 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 36 of SAC that
28 “c. The acts and omissions to act by Defendant Ara Baljian, as well as the acts and omissions
16
SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF
TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP
1 to act of Defendants Le Phuque LLC, BMI Group Inc., and Does 1-3, by and through (and
2 without limitation) for which each and all are separately and jointly liable to these Plaintiffs
3 for the damages, losses and expenses to correct, incurred and to be incurred by the Plaintiffs
4 to unwind and correct the acts of each and every other Defendant herein, whether through
5 negligent oversight or knowing participation in willful, wanton, malicious, and oppressive
6 acts and deceptions by Defendant Baljian, undertaken with intent to defraud, or through gross
7 negligence, each and both of which alone or in concert with co-defendants herein support and
8 justify the awarding of exemplary damages in addition to special and general damages in an
9 amount according to proof.”
10 Response:
11 This Responding party will comply with this request at such time as such responsive
12 documents become available to this responding party and will supplement their responses to
13 reflect the same when obtained.
14 Argument:
15 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must
16 have had documents in support of her own allegations before filing the action and has had
17 ample time since the filing of the action and the service of the discovery months ago to locate
18 and produce the documents. In fact, she has had since August of 2022 to now to find
19 documents and produce the same.
20 It is unclear why the documents are not available and how they will become available
21 at a later time. When will the documents become available? The term “when obtained” is
22 unacceptable. If Plaintiff does not currently have responsive documents, then the proper
23 response is an inability to comply. If Plaintiff is unable to comply, then her response shall
24 state that a diligent search and reasonable inquiry has been made in an effort to locate the item
25 demanded and the reason she is unable to comply, e.g., the document never existed, has been
26 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party,
27 in which case, the response must state the name and address of anyone believed to have the
28
17
SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF
TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP
1 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents,
2 she can always amend her responses and produce the responsive documents.
3 DEMAND NO. 13.:
4 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 38 of SAC that
5 “Without limitation, Plaintiffs' title to the above-described properties is derived as follows: In
6 or about 2005, Plaintiffs secured a mortgage from Nationstar Mortgage Company in the
7 approximate amount of $800,000.00.”
8 Response:
9 This Responding party will comply with this request at such time as such responsive
10 documents become available to this responding party and will supplement their responses to
11 reflect the same when obtained.
12 Argument:
13 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must
14 have had documents in support of her own allegations before filing the action and has had
15 ample time since the filing of the action and the service of the discovery months ago to locate
16 and produce the documents. In fact, she has had since August of 2022 to now to find
17 documents and produce the same.
18 It is unclear why the documents are not available and how they will become available
19 at a later time. When will the documents become available? The term “when obtained” is
20 unacceptable. If Plaintiff does not currently have responsive documents, then the proper
21 response is an inability to comply. If Plaintiff is unable to comply, then her response shall
22 state that a diligent search and reasonable inquiry has been made in an effort to locate the item
23 demanded and the reason she is unable to comply, e.g., the document never existed, has been
24 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party,
25 in which case, the response must state the name and address of anyone believed to have the
26 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents,
27 she can always amend her responses and produce the responsive documents.
28 ///
18
SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF
TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP
1 DEMAND NO. 14.:
2 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 38 of SAC that
3 “This Note was secured by a Deed of Trust in favor of Nationstar Mortgage Company and
4 was of and concerning the property located at 3333 Avena Road, Lompoc, Ca 93436 and its
5 assigned APN 099-330-004.”
6 Response:
7 This Responding party will comply with this request at such time as such responsive
8 documents become available to this responding party and will supplement their responses to
9 reflect the same when obtained.
10 Argument:
11 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must
12 have had documents in support of her own allegations before filing the action and has had
13 ample time since the filing of the action and the service of the discovery months ago to locate
14 and produce the documents. In fact, she has had since August of 2022 to now to find
15 documents and produce the same.
16 It is unclear why the documents are not available and how they will become available
17 at a later time. When will the documents become available? The term “when obtained” is
18 unacceptable. If Plaintiff does not currently have responsive documents, then the proper
19 response is an inability to comply. If Plaintiff is unable to comply, then her response shall
20 state that a diligent search and reasonable inquiry has been made in an effort to locate the item
21 demanded and the reason she is unable to comply, e.g., the document never existed, has been
22 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party,
23 in which case, the response must state the name and address of anyone believed to have the
24 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents,
25 she can always amend her responses and produce the responsive documents.
26 DEMAND NO. 15.:
27 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 38 of SAC that
28 “Plaintiffs herein continuously assert and maintain that they are the rightful and continuous
19
SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF
TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP
1 owners (without limitation) of the property at 3333 Avena Road, Lompoc, CA 93436 and its
2 assigned APN 099-330-004, as well as the properties that are contiguous and adjacent to it as
3 described herein.”
4 Response:
5 This Responding party will comply with this request at such time as such responsive
6 documents become available to this responding party and will supplement their responses to
7 reflect the same when obtained.
8 Argument:
9 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must
10 have had documents in support of her own allegations before filing the action and has had
11 ample time since the filing of the action and the service of the discovery months ago to locate
12 and produce the documents. In fact, she has had since August of 2022 to now to find
13 documents and produce the same.
14 It is unclear why the documents are not available and how they will become available
15 at a later time. When will the documents become available? The term “when obtained” is
16 unacceptable. If Plaintiff does not currently have responsive documents, then the proper
17 response is an inability to comply. If Plaintiff is unable to comply, then her response shall
18 state that a diligent search and reasonable inquiry has been made in an effort to locate the item
19 demanded and the reason she is unable to comply, e.g., the document never existed, has been
20 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party,
21 in which case, the response must state the name and address of anyone believed to have the
22 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents,
23 she can always amend her responses and produce the responsive documents.
24 DEMAND NO. 16.:
25 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 38 of SAC that
26 “a. The subject property is actually three contiguous and/or adjacent properties with separate
27 APNs: (i) the improved real property consisting of 23 plus acres at 3333 Avena Road,
28 Lompoc, CA 93436 has an assigned APN of 099-330-004; (ii) unimproved 316 plus acres of
20
SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF
TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP
1 agricultural land has an assigned APN of 099-060-006; and (iii) an additional 70 plus acres
2 of unimproved agricultural land has an assigned APN of 099-060-011.”
3 Response:
4
Preview
ELECTRONICALLY FILED Saul Reiss, SBN 48528 Superior Court of California 1 reisslaw@reisslaw.net County of Santa Barbara 2 Fay Pugh, SBN 198708 Darrel E. Parker, Executive Officer fay.pugh@outlook.com 4/12/2023 12:28 PM 3 Law Offices of Saul Reiss, P.C. By: Blanca Delabra , Deputy 11835 W. Olympic Blvd., Suite 415E 4 Los Angeles, Ca 90064 5 Tel.: 310-450-2888 Fax.: 310-450-2885 Attorney for Defendants ARA BALJIAN and BMI GROUP, INC. 6 and Defendant/Cross-Complainant LE PHUQUE, LLC and 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SANTA BARBARA – COOK BRANCH 10 GARY E. HAUENSTEIN, an individual, ) Case No.: 20CV03544 11 ) GWEN J. HAUENSTEIN, an individual, [Assigned to the Honorable James F. Rigali – ) 12 ) Dept. SM 2] Plaintiffs, ) 13 ) SEPARATE STATEMEN IN SUPPORT vs. ) OF MOTION BY DEFENDANT LE 14 ) ) PHUQUE, LLC TO COMPEL 15 ARA BALJIAN, an individual; LE ) PLAINTIFF GWEN J. HAUENSTEIN TO PHUQUE, LLC, a California Limited ) WITHDRAW HER UNTIMELY 16 Liability Company; BMI GROUP, INC., a ) OBJECTIONS AND PROVIDE California Corporation; DAVID ) FURTHER RESPONSES TO DEMAND 17 ) AGAZARYAN, an individual; MEHRAN ) FOR PRODUCTION OF DOCUMENTS, 18 aka “MIKE” AGAZARYAN, an ) SET ONE AND FOR IMPOSITION OF individual; ARMAN KARKOTSYAN, an ) MONETARY SANCTIONS 19 ) individual; and Does 4-50, inclusive, ) [Concurrently filed with Declaration of Fay 20 ) Defendants. ) Pugh and Defendant’s Motion] 21 LE PHUQUE, LLC, a California Limited ) Liability Company, ) Date: June 6, 2023 22 ) Time: 8:30 a.m. ) Place: Dept. SM2 23 Cross-Complainant, ) ) 24 Vs. ) Complaint Filed: October 27, 2020 ) Trial Date: None 25 ) GARY E. HAUENSTEIN, an individual, ) 26 GWEN J. HAUENSTEIN, an individual, ) and ROES 1 to 50, inclusive, ) 27 ) ) 28 Cross-Defendants. ) 1 SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP 1 Defendant Le Phuque, LLC (“Defendant”) hereby respectfully submits the following 2 Separate Statement in support of its Motion for an Order Compelling Plaintiff Gwen J. 3 Hauenstein (“Plaintiff”) Withdraw her Objections to the Entire First Set of Demand for 4 Production of Documents and Provide Further Responses to Demand Numbers 1 through 39 5 and for Imposition of Monetary Sanctions: 6 7 INSTRUCTIONS IN THE DEMAND 8 Demand is hereby made that responding parties produce for inspection and copying each 9 and every writing or tangible thing in responding parties’ possession, custody or control, or in 10 the possession, custody or control of responding parties’ representatives, attorneys and agents, 11 which is included in each of the following categories. 12 If any such document or thing was in responding parties' possession custody or control, 13 but no longer is, please state the name, address, and telephone number of the present custodian 14 of each such document. 15 Responding party is to produce the ORIGINAL of the document requested. If the 16 original is not in the possession, custody or control of responding party, please state the name, 17 address and telephone number of the present custodian of such document, and, produce a copy. 18 This demand is not intended to reach any documents contended to be covered by the 19 attorney-client or work-product privileges. For each document where such privileges are 20 claimed, please provide the following: 21 1. The exact name and title by which you refer to it; 22 2. The date or other identifying numbers thereon; 23 3. The identity of each person who wrote, signed, initialed, or otherwise participated 24 in the execution of the document, and, 25 4. The reason why you have failed to produce such document and all facts that 26 support said reason. 27 Responding party is required to make a written response to this demand for production 28 within thirty (30) days of service of this demand. 2 SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP 1 The inspection and copying will take place at 2800 28TH Street, Suite 328, Santa 2 Monica, California 90405, within thirty days from the date of service of this demand and shall 3 be accomplished by the delivery of the requested documents, which shall then be inspected and 4 copied, and then returned to the person who delivered them. 5 DEFINITIONS 6 The following terms and definitions shall apply: 7 1. As used herein, the terms “DOCUMENT” and/or “DOCUMENTS” shall mean 8 any and all DOCUMENTS, COMMUNICATIONS, memoranda, notes, diaries, letters, 9 telegrams, telexes, telefaxes, minutes, contracts, reports, studies, checks, statements, receipts, 10 returns, summaries, pamphlets, books, inter-office and intra-office COMMUNICATIONS, 11 notations of any sort of conversations, telephone calls, meetings, or other 12 COMMUNICATIONS, bulletins, computer printouts, invoices, and worksheets; forms of 13 drafts, notations, workings, alterations, modifications, changes and amendments of any of the 14 foregoing, tangible things, and property of any kind, and all “WRITINGS” as that term is 15 defined in California Evidence Code Section 250, including, any form of data storage, 16 including written, typed, printed and copied records, and also all forms of electronic data 17 storage. The term “WRITINGS”, as used herein, means handwriting, typewriting, printing, 18 photographing and every other means of recording upon any tangible things, any form of 19 communication or representation including letters, words, pictures, sounds or symbols, or 20 combinations thereof.” The term “WRITINGS” as used herein, includes not only paper-based 21 data storage, such as documents, letters, books, diagrams, drawings, maps, surveys, reports, 22 facsimiles, correspondence, notes, printed pictures, chemical film photographs, memos, 23 charts, lists, invoices, minutes, and letters, but also items store in electronic form or on 24 electronic or magnetic media, including but not limited to text messages and e-mails. 25 Therefore, the term “WRITINGS,” as used herein, includes graphical or anural records or 26 representations of any kind, including, without limitation, photographs, charts, microfiche, 27 microfilm, videotape, records, motion pictures, tapes, cassettes, disks, and recordings; and 28 (iv) electronic/computer DOCUMENTS of any kind, including, without limitation, 3 SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP 1 electronically stored information, computer storage media, electronic mail, electronic data, 2 computer disks, floppy disks, CD-ROM disks, Zip disks, computer tapes, computer cards, 3 computer programs, computer software, computer readable media, machine sensible media, 4 electronically stored media and any other stored information. e-mails, text messages, data 5 files, digital photographs, HTML files, voice mail, standard and micro cassette tapes, 6 answering machine tapes, JPEG files, PDF files, instant messages, digital recorder memories, 7 instant messaging records, print files, zip files, Internet pages, script, objects, programs, 8 whether stored on hard drives, servers, Internet storage cassette tapes, reel to reel tapes, off- 9 site electronic storage, disks, diskettes, tape drivers, optical disks, memory sticks and chips or 10 any similar material. 11 2. As used herein, the word “COMMUNICATION” means and includes any oral, 12 written or electronic conversation, meeting, conference, correspondence, communication, 13 message, note or memorandum. 14 3. As used herein the word “CONCERNING” shall have and include not only its 15 commonly understood meaning, but the following meanings as well, where applicable: 16 relating to comprising, reflecting, evidencing, constituting, pertaining to, dealing with and 17 showing. 18 4. As used herein, the words “RELATION TO” shall have and include not only 19 their commonly understood meaning, but the following meanings as well, where applicable: 20 relating to, comprising, reflecting, evidencing, constituting, pertaining to and dealing with. 21 5. As used herein “PERSON” means any natural person, corporation, 22 partnership, association, trust, group, organization, agency, bureau, department or entity or 23 any other entity, or any combination thereof. 24 6. As used herein, the singular shall include the plural and vice versa. 25 7. As used herein, the term “YOU” or “YOUR” or “YOURS” refers to each party 26 to whom this request for production of documents is directed, her agents, employees, officers, 27 and directors, attorneys and those employed by her attorneys and YOUR daughter Karin 28 Hauenstein. 4 SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP 1 8. As used herein, “EACH” shall mean “each and every”. 2 9. As used herein, “OR” shall mean “and/or”. 3 10. As used herein “IDENTIFY” with respect to a PERSON, means to provide the 4 PERSON(S) name, last known business and residential addresses and last known business 5 and residential telephone numbers and their relationship to YOU. 6 11. As used herein, “IDENTIFY” with respect to a DOCUMENT, means to state 7 the type of DOCUMENT(S), the title by which it is referred, the date of the DOCUMENT(S), 8 the identity of each PERSON(S) creating the DOCUMENT(S), the identify of each 9 PERSON(S) to whom the DOCUMENT(S) was addressed or sent, any file number used in 10 connection with the DOCUMENT(S), present location and all copies thereof, and a general 11 description of the subject matter. 12 12. As used herein, “SAC” refers YOUR Second Amended Complaint filed in this 13 action. 14 13. As used herein, the term “PROPERTY” refers to the real property commonly 15 known as 3333 Avena Road, Lompoc, California (APN 099-330-004) and adjacent parcels 16 APN: 099-060-006 and APN 099-060-011. 17 DEMAND FOR PRODUCTION OF DOCUMENTS 18 DEMAND NO. 1.: 19 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 33 of SAC that 20 “a. These Plaintiffs never would have acquiesced to Defendant Ara Baljian's insistence that 21 Plaintiffs execute a lien to him or any of the entities he controls, or to backdating the Land 22 Lease Agreement, had they known of his/their time intentions (to not perform as he/they 23 promised, and to embark upon a scheme to swindle them out of all 3 parcels of their property, 24 including their family home).” 25 Response: 26 This Responding party will comply with this request at such time as such responsive 27 documents become available to this responding party and will supplement their responses to 28 reflect the same when obtained. 5 SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP 1 Argument: 2 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must 3 have had documents in support of her own allegations before filing the action and has had 4 ample time since the filing of the action and the service of the discovery months ago to locate 5 and produce the documents. In fact, she has had since August of 2022 to now to find 6 documents and produce the same. 7 It is unclear why the documents are not available and how they will become available 8 at a later time. When will the documents become available? The term “when obtained” is 9 unacceptable. If Plaintiff does not currently have responsive documents, then the proper 10 response is an inability to comply. If Plaintiff is unable to comply, then her response shall 11 state that a diligent search and reasonable inquiry has been made in an effort to locate the item 12 demanded and the reason she is unable to comply, e.g., the document never existed, has been 13 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party, 14 in which case, the response must state the name and address of anyone believed to have the 15 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents, 16 she can always amend her responses and produce the responsive documents. 17 DEMAND NO. 2.: 18 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 33 of SAC that 19 “b. The facts that were concealed by Defendants Ara Baljian, Le Phuque LLC, and/or BMI 20 Group Inc., Doe 1 (D. Agazaryan), Doe 2 (M. Agazaryan), and Doe 3 (A. Karkotsyan) were 21 material facts, and by the concealment thereof by him/them, deprived and divested these 22 Plaintiffs of the opportunity to make informed business decisions attendant to the matters 23 discussed and alleged herein this Complaint, and had those material facts (and true intentions) 24 been made known to these Plaintiffs, these Plaintiffs would not have engaged nor done 25 business with Defendant Ara Baljian, Le Phuque LLC, and/or BMI Group Inc. as they did.” 26 /// 27 /// 28 /// 6 SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP 1 Response: 2 This Responding party will comply with this request at such time as such responsive 3 documents become available to this responding party and will supplement their responses to 4 reflect the same when obtained. 5 Argument: 6 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must 7 have had documents in support of her own allegations before filing the action and has had 8 ample time since the filing of the action and the service of the discovery months ago to locate 9 and produce the documents. In fact, she has had since August of 2022 to now to find 10 documents and produce the same. 11 It is unclear why the documents are not available and how they will become available 12 at a later time. When will the documents become available? The term “when obtained” is 13 unacceptable. If Plaintiff does not currently have responsive documents, then the proper 14 response is an inability to comply. If Plaintiff is unable to comply, then her response shall 15 state that a diligent search and reasonable inquiry has been made in an effort to locate the item 16 demanded and the reason she is unable to comply, e.g., the document never existed, has been 17 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party, 18 in which case, the response must state the name and address of anyone believed to have the 19 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents, 20 she can always amend her responses and produce the responsive documents. 21 DEMAND NO. 3.: 22 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 33 of SAC that 23 “c. The acts and omissions to act by Defendant Ara Baljian, as well as the acts and omissions 24 to act of Defendants Le Phuque LLC, BMI Group Inc., Doe 1 (D. Agazaryan), Doe 2 (M. 25 Agazaryan), and Doe 3 (A. Karkotsyan) by and through (and without limitation) the acts and 26 omissions to act by Defendant Ara Baljian, were willful, wanton, malicious, and oppressive, 27 and were undertaken with intent to defraud, and justify the awarding of exemplary and 28 punitive damages in an amount according to proof.” 7 SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP 1 Response: 2 This Responding party will comply with this request at such time as such responsive 3 documents become available to this responding party and will supplement their responses to 4 reflect the same when obtained. 5 Argument: 6 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must 7 have had documents in support of her own allegations before filing the action and has had 8 ample time since the filing of the action and the service of the discovery months ago to locate 9 and produce the documents. In fact, she has had since August of 2022 to now to find 10 documents and produce the same. 11 It is unclear why the documents are not available and how they will become available 12 at a later time. When will the documents become available? The term “when obtained” is 13 unacceptable. If Plaintiff does not currently have responsive documents, then the proper 14 response is an inability to comply. If Plaintiff is unable to comply, then her response shall 15 state that a diligent search and reasonable inquiry has been made in an effort to locate the item 16 demanded and the reason she is unable to comply, e.g., the document never existed, has been 17 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party, 18 in which case, the response must state the name and address of anyone believed to have the 19 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents, 20 she can always amend her responses and produce the responsive documents. 21 DEMAND NO. 4.: 22 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 34 of SAC that 23 “Defendant Ara Baljian, an individual and in his representative capacities for Le Phuque LLC 24 and BMI Group Inc., intentionally, without limitation, did not disclose to Plaintiffs that 25 he/they intended to perfect the "lien" and/or use it against the Plaintiffs, but instead use it as 26 a means, ruse and inducement to swindle Plaintiffs out of their property(ies), knowing 27 Plaintiffs to be seniors of advanced age, and not accustomed to, or experienced without 28 limitation, the business of commercial cannabis cultivation operations.” 8 SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP 1 Response: 2 This Responding party will comply with this request at such time as such responsive 3 documents become available to this responding party and will supplement their responses to 4 reflect the same when obtained. 5 Argument: 6 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must 7 have had documents in support of her own allegations before filing the action and has had 8 ample time since the filing of the action and the service of the discovery months ago to locate 9 and produce the documents. In fact, she has had since August of 2022 to now to find 10 documents and produce the same. 11 It is unclear why the documents are not available and how they will become available 12 at a later time. When will the documents become available? The term “when obtained” is 13 unacceptable. If Plaintiff does not currently have responsive documents, then the proper 14 response is an inability to comply. If Plaintiff is unable to comply, then her response shall 15 state that a diligent search and reasonable inquiry has been made in an effort to locate the item 16 demanded and the reason she is unable to comply, e.g., the document never existed, has been 17 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party, 18 in which case, the response must state the name and address of anyone believed to have the 19 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents, 20 she can always amend her responses and produce the responsive documents. 21 DEMAND NO. 5.: 22 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 34 of SAC that 23 “a. Plaintiffs assert that Defendant Ara Baljian manifested his true intentions by both his acts 24 and omissions to act by and without limitation (i) using the lien as a basis to commence a 25 wrongful foreclosure, and (ii) not (or rather---never) seeking the permits required for the 26 commercial cannabis cultivation operations as mandated by the County of Santa Barbara, and 27 as required under the Land Lease Agreement.” 28 /// 9 SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP 1 Response: 2 This Responding party will comply with this request at such time as such responsive 3 documents become available to this responding party and will supplement their responses to 4 reflect the same when obtained. 5 Argument: 6 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must 7 have had documents in support of her own allegations before filing the action and has had 8 ample time since the filing of the action and the service of the discovery months ago to locate 9 and produce the documents. In fact, she has had since August of 2022 to now to find 10 documents and produce the same. 11 It is unclear why the documents are not available and how they will become available 12 at a later time. When will the documents become available? The term “when obtained” is 13 unacceptable. If Plaintiff does not currently have responsive documents, then the proper 14 response is an inability to comply. If Plaintiff is unable to comply, then her response shall 15 state that a diligent search and reasonable inquiry has been made in an effort to locate the item 16 demanded and the reason she is unable to comply, e.g., the document never existed, has been 17 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party, 18 in which case, the response must state the name and address of anyone believed to have the 19 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents, 20 she can always amend her responses and produce the responsive documents. 21 DEMAND NO. 6.: 22 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 35 of SAC that 23 “Defendants Ara Baljian, Le Phuque LLC and BMI Group Inc., and each of them, used the 24 commercial cannabis cultivation operations business as a ruse to induce Plaintiffs to pledge 25 (by lien thereon) the subject property(ies) as security for the "loan", a "loan" that was for the 26 expressed benefit of others, to wit and without limitation, David Agazaryan, Mehran "Mike" 27 Agazaryan and/or Annan Karkotsyan and BMI Group Inc. and thereby making the 28 Hauensteins a subsequent intended beneficiary of the "loan/investment" knowing that these 10 SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP 1 Defendants (Baljian, Le Phuque LLC and BMI Group Inc.), and each of them, intended to lull 2 the Plaintiffs into a false sense of security and then wrongfully foreclose on the subject 3 properties, or otherwise assert wrongful claims to the property(ies) located at 3333 Avena 4 Road, Lompoc, CA 93436.” 5 Response: 6 This Responding party will comply with this request at such time as such responsive 7 documents become available to this responding party and will supplement their responses to 8 reflect the same when obtained. 9 Argument: 10 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must 11 have had documents in support of her own allegations before filing the action and has had 12 ample time since the filing of the action and the service of the discovery months ago to locate 13 and produce the documents. In fact, she has had since August of 2022 to now to find 14 documents and produce the same. 15 It is unclear why the documents are not available and how they will become available 16 at a later time. When will the documents become available? The term “when obtained” is 17 unacceptable. If Plaintiff does not currently have responsive documents, then the proper 18 response is an inability to comply. If Plaintiff is unable to comply, then her response shall 19 state that a diligent search and reasonable inquiry has been made in an effort to locate the item 20 demanded and the reason she is unable to comply, e.g., the document never existed, has been 21 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party, 22 in which case, the response must state the name and address of anyone believed to have the 23 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents, 24 she can always amend her responses and produce the responsive documents. 25 DEMAND NO. 7.: 26 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 35 of SAC that 27 “a. At no time relevant, did Ara Baljian, Le Phuque LLC or BMI Group Inc. actually apply 28 for, attempt to apply for, secure or attempt to secure any legal permit from the County of Santa 11 SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP 1 Barbara for the commercial cannabis cultivation operations on Plaintiffs' land, and this 2 omission to act without limitation, manifests their mal-intent and deviousness, and was still 3 further and without limitation, in violation of the written Land Lease Agreement executed by 4 Ara Baljian as previously mentioned and described above herein, and specifically Article 2- 5 Agreement And Use, at subsection 2.4 Government Approvals.” 6 Response: 7 This Responding party will comply with this request at such time as such responsive 8 documents become available to this responding party and will supplement their responses to 9 reflect the same when obtained. 10 Argument: 11 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must 12 have had documents in support of her own allegations before filing the action and has had 13 ample time since the filing of the action and the service of the discovery months ago to locate 14 and produce the documents. In fact, she has had since August of 2022 to now to find 15 documents and produce the same. 16 It is unclear why the documents are not available and how they will become available 17 at a later time. When will the documents become available? The term “when obtained” is 18 unacceptable. If Plaintiff does not currently have responsive documents, then the proper 19 response is an inability to comply. If Plaintiff is unable to comply, then her response shall 20 state that a diligent search and reasonable inquiry has been made in an effort to locate the item 21 demanded and the reason she is unable to comply, e.g., the document never existed, has been 22 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party, 23 in which case, the response must state the name and address of anyone believed to have the 24 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents, 25 she can always amend her responses and produce the responsive documents. 26 DEMAND NO. 8.: 27 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 36 of SAC that 28 “These Defendants (Baljian, Le Phuque LLC, BMI Group Inc., and Does 1-3), and each of 12 SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP 1 them, used the representations, inducements and promises of "profits beyond imagination" 2 from the commercial cannabis cultivation operations business as bait to induce Plaintiffs into 3 securitizing the loan, lien and/or Land Lease Agreement{s) with the subject properties, and 4 did so while knowing the Plaintiffs' advanced ages, lack of understanding about the 5 commercial cannabis cultivation business and inadequate business acumen.” 6 Response: 7 This Responding party will comply with this request at such time as such responsive 8 documents become available to this responding party and will supplement their responses to 9 reflect the same when obtained. 10 Argument: 11 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must 12 have had documents in support of her own allegations before filing the action and has had 13 ample time since the filing of the action and the service of the discovery months ago to locate 14 and produce the documents. In fact, she has had since August of 2022 to now to find 15 documents and produce the same. 16 It is unclear why the documents are not available and how they will become available 17 at a later time. When will the documents become available? The term “when obtained” is 18 unacceptable. If Plaintiff does not currently have responsive documents, then the proper 19 response is an inability to comply. If Plaintiff is unable to comply, then her response shall 20 state that a diligent search and reasonable inquiry has been made in an effort to locate the item 21 demanded and the reason she is unable to comply, e.g., the document never existed, has been 22 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party, 23 in which case, the response must state the name and address of anyone believed to have the 24 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents, 25 she can always amend her responses and produce the responsive documents. 26 DEMAND NO. 9.: 27 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 36 of SAC that 28 “a. Defendant Ara Baljian, among other things, made false declarations, statements, promises 13 SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP 1 and covenants to the effect that these Plaintiffs would substantially profit from his 2 involvement and financial backing of the commercial cannabis cultivation operation managed 3 by the Agazaryans/Karkotsyan on the Hauenstein land through the opportunity for expansion, 4 all the while knowing he was baiting them to trust and believe him, knowing he was actually 5 deceiving these Plaintiffs.” 6 Response: 7 This Responding party will comply with this request at such time as such responsive 8 documents become available to this responding party and will supplement their responses to 9 reflect the same when obtained. 10 Argument: 11 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must 12 have had documents in support of her own allegations before filing the action and has had 13 ample time since the filing of the action and the service of the discovery months ago to locate 14 and produce the documents. In fact, she has had since August of 2022 to now to find 15 documents and produce the same. 16 It is unclear why the documents are not available and how they will become available 17 at a later time. When will the documents become available? The term “when obtained” is 18 unacceptable. If Plaintiff does not currently have responsive documents, then the proper 19 response is an inability to comply. If Plaintiff is unable to comply, then her response shall 20 state that a diligent search and reasonable inquiry has been made in an effort to locate the item 21 demanded and the reason she is unable to comply, e.g., the document never existed, has been 22 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party, 23 in which case, the response must state the name and address of anyone believed to have the 24 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents, 25 she can always amend her responses and produce the responsive documents. 26 DEMAND NO. 10.: 27 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 36 of SAC that 28 “The acts and omissions to act by Defendant Ara Baljian, as well as the acts and omissions to 14 SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP 1 act of Defendants Le Phuque LLC, BMI Group Inc., and Does 1-3, by and through (and 2 without limitation) the acts and omissions to act by Defendant Ara Baljian, were willful, 3 wanton, malicious, and oppressive, and were undertaken with intent to defraud, and justify 4 the awarding of exemplary and/or appropriate punitive damages in an amount according to 5 proof.” 6 Response: 7 This Responding party will comply with this request at such time as such responsive 8 documents become available to this responding party and will supplement their responses to 9 reflect the same when obtained. 10 Argument: 11 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must 12 have had documents in support of her own allegations before filing the action and has had 13 ample time since the filing of the action and the service of the discovery months ago to locate 14 and produce the documents. In fact, she has had since August of 2022 to now to find 15 documents and produce the same. 16 It is unclear why the documents are not available and how they will become available 17 at a later time. When will the documents become available? The term “when obtained” is 18 unacceptable. If Plaintiff does not currently have responsive documents, then the proper 19 response is an inability to comply. If Plaintiff is unable to comply, then her response shall 20 state that a diligent search and reasonable inquiry has been made in an effort to locate the item 21 demanded and the reason she is unable to comply, e.g., the document never existed, has been 22 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party, 23 in which case, the response must state the name and address of anyone believed to have the 24 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents, 25 she can always amend her responses and produce the responsive documents. 26 DEMAND NO. 11.: 27 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 36 of SAC that 28 “b. The acts and omissions to act and other things used by Defendant Ara Baljian to induce 15 SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP 1 these Plaintiffs to act and/or agree with him, were material ill nature, going to the essence of 2 the oral promises made by Defendant Ara Baljian to these Plaintiffs, and to those contained 3 in the written agreements entered into by Defendants Ara Baljian, Le Phuque LLC and/or 4 BMI Group Inc. with these Plaintiffs, and such inducements were malicious, false, devious, 5 and ill-willed.” 6 Response: 7 This Responding party will comply with this request at such time as such responsive 8 documents become available to this responding party and will supplement their responses to 9 reflect the same when obtained. 10 Argument: 11 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must 12 have had documents in support of her own allegations before filing the action and has had 13 ample time since the filing of the action and the service of the discovery months ago to locate 14 and produce the documents. In fact, she has had since August of 2022 to now to find 15 documents and produce the same. 16 It is unclear why the documents are not available and how they will become available 17 at a later time. When will the documents become available? The term “when obtained” is 18 unacceptable. If Plaintiff does not currently have responsive documents, then the proper 19 response is an inability to comply. If Plaintiff is unable to comply, then her response shall 20 state that a diligent search and reasonable inquiry has been made in an effort to locate the item 21 demanded and the reason she is unable to comply, e.g., the document never existed, has been 22 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party, 23 in which case, the response must state the name and address of anyone believed to have the 24 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents, 25 she can always amend her responses and produce the responsive documents. 26 DEMAND NO. 12.: 27 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 36 of SAC that 28 “c. The acts and omissions to act by Defendant Ara Baljian, as well as the acts and omissions 16 SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP 1 to act of Defendants Le Phuque LLC, BMI Group Inc., and Does 1-3, by and through (and 2 without limitation) for which each and all are separately and jointly liable to these Plaintiffs 3 for the damages, losses and expenses to correct, incurred and to be incurred by the Plaintiffs 4 to unwind and correct the acts of each and every other Defendant herein, whether through 5 negligent oversight or knowing participation in willful, wanton, malicious, and oppressive 6 acts and deceptions by Defendant Baljian, undertaken with intent to defraud, or through gross 7 negligence, each and both of which alone or in concert with co-defendants herein support and 8 justify the awarding of exemplary damages in addition to special and general damages in an 9 amount according to proof.” 10 Response: 11 This Responding party will comply with this request at such time as such responsive 12 documents become available to this responding party and will supplement their responses to 13 reflect the same when obtained. 14 Argument: 15 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must 16 have had documents in support of her own allegations before filing the action and has had 17 ample time since the filing of the action and the service of the discovery months ago to locate 18 and produce the documents. In fact, she has had since August of 2022 to now to find 19 documents and produce the same. 20 It is unclear why the documents are not available and how they will become available 21 at a later time. When will the documents become available? The term “when obtained” is 22 unacceptable. If Plaintiff does not currently have responsive documents, then the proper 23 response is an inability to comply. If Plaintiff is unable to comply, then her response shall 24 state that a diligent search and reasonable inquiry has been made in an effort to locate the item 25 demanded and the reason she is unable to comply, e.g., the document never existed, has been 26 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party, 27 in which case, the response must state the name and address of anyone believed to have the 28 17 SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP 1 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents, 2 she can always amend her responses and produce the responsive documents. 3 DEMAND NO. 13.: 4 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 38 of SAC that 5 “Without limitation, Plaintiffs' title to the above-described properties is derived as follows: In 6 or about 2005, Plaintiffs secured a mortgage from Nationstar Mortgage Company in the 7 approximate amount of $800,000.00.” 8 Response: 9 This Responding party will comply with this request at such time as such responsive 10 documents become available to this responding party and will supplement their responses to 11 reflect the same when obtained. 12 Argument: 13 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must 14 have had documents in support of her own allegations before filing the action and has had 15 ample time since the filing of the action and the service of the discovery months ago to locate 16 and produce the documents. In fact, she has had since August of 2022 to now to find 17 documents and produce the same. 18 It is unclear why the documents are not available and how they will become available 19 at a later time. When will the documents become available? The term “when obtained” is 20 unacceptable. If Plaintiff does not currently have responsive documents, then the proper 21 response is an inability to comply. If Plaintiff is unable to comply, then her response shall 22 state that a diligent search and reasonable inquiry has been made in an effort to locate the item 23 demanded and the reason she is unable to comply, e.g., the document never existed, has been 24 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party, 25 in which case, the response must state the name and address of anyone believed to have the 26 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents, 27 she can always amend her responses and produce the responsive documents. 28 /// 18 SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP 1 DEMAND NO. 14.: 2 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 38 of SAC that 3 “This Note was secured by a Deed of Trust in favor of Nationstar Mortgage Company and 4 was of and concerning the property located at 3333 Avena Road, Lompoc, Ca 93436 and its 5 assigned APN 099-330-004.” 6 Response: 7 This Responding party will comply with this request at such time as such responsive 8 documents become available to this responding party and will supplement their responses to 9 reflect the same when obtained. 10 Argument: 11 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must 12 have had documents in support of her own allegations before filing the action and has had 13 ample time since the filing of the action and the service of the discovery months ago to locate 14 and produce the documents. In fact, she has had since August of 2022 to now to find 15 documents and produce the same. 16 It is unclear why the documents are not available and how they will become available 17 at a later time. When will the documents become available? The term “when obtained” is 18 unacceptable. If Plaintiff does not currently have responsive documents, then the proper 19 response is an inability to comply. If Plaintiff is unable to comply, then her response shall 20 state that a diligent search and reasonable inquiry has been made in an effort to locate the item 21 demanded and the reason she is unable to comply, e.g., the document never existed, has been 22 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party, 23 in which case, the response must state the name and address of anyone believed to have the 24 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents, 25 she can always amend her responses and produce the responsive documents. 26 DEMAND NO. 15.: 27 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 38 of SAC that 28 “Plaintiffs herein continuously assert and maintain that they are the rightful and continuous 19 SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP 1 owners (without limitation) of the property at 3333 Avena Road, Lompoc, CA 93436 and its 2 assigned APN 099-330-004, as well as the properties that are contiguous and adjacent to it as 3 described herein.” 4 Response: 5 This Responding party will comply with this request at such time as such responsive 6 documents become available to this responding party and will supplement their responses to 7 reflect the same when obtained. 8 Argument: 9 This action was instituted in October of 2020, more than 2½ years ago. Plaintiff must 10 have had documents in support of her own allegations before filing the action and has had 11 ample time since the filing of the action and the service of the discovery months ago to locate 12 and produce the documents. In fact, she has had since August of 2022 to now to find 13 documents and produce the same. 14 It is unclear why the documents are not available and how they will become available 15 at a later time. When will the documents become available? The term “when obtained” is 16 unacceptable. If Plaintiff does not currently have responsive documents, then the proper 17 response is an inability to comply. If Plaintiff is unable to comply, then her response shall 18 state that a diligent search and reasonable inquiry has been made in an effort to locate the item 19 demanded and the reason she is unable to comply, e.g., the document never existed, has been 20 lost, stolen, destroyed, or is not in the possession, custody or control of the responding party, 21 in which case, the response must state the name and address of anyone believed to have the 22 document. Code of Civ. Proc. §2031.230. If Plaintiff later discovers responsive documents, 23 she can always amend her responses and produce the responsive documents. 24 DEMAND NO. 16.: 25 A copy of EACH DOCUMENT CONCERNING YOUR in Paragraph 38 of SAC that 26 “a. The subject property is actually three contiguous and/or adjacent properties with separate 27 APNs: (i) the improved real property consisting of 23 plus acres at 3333 Avena Road, 28 Lompoc, CA 93436 has an assigned APN of 099-330-004; (ii) unimproved 316 plus acres of 20 SEPARATE STATEMEN IN SUPPORT OF MOTION BY DEFENDANT TO COMPEL PLAINTIFF TO WITHDRAW HER UNTIMELY OBJECTIONS & PROVIDE FURTHER RESPONSES TO RFP 1 agricultural land has an assigned APN of 099-060-006; and (iii) an additional 70 plus acres 2 of unimproved agricultural land has an assigned APN of 099-060-011.” 3 Response: 4