Motion-Secondary: 632 N PALM DRIVE, LLC VS ADAN PENA, ET AL.

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                                Electronically FILED by Superior Court of California, County of Los Angeles on 01/21/2020 03:30 PM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Mohammadi,Deputy Clerk



                               1   SEAN P. REYNOLDS, ESQ., State Bar No. 249649
                                   US CONSTRUCTION LAW, A Law Corporation
                               2   3433 Corte Altura
                                   Carlsbad CA, 92009
                               3   T: (760) 452-5752
                                   sreynolds@usclawcorp.com
                               4
                                   Attorneys for Defendants GOLD PACIFIC
                               5   CONSTRUCTION, INC., ADAN PENA and
                                   SURETEC INDEMNITY COMPANY
                               6

                               7

                               8                        SUPERIOR COURT OF THE STATE OF CALIFORNIA

                               9                                    FOR THE COUNTY OF LOS ANGELES

                              10   632 N PALM DRIVE, LLC.                                           CASE NO.: 19SMCV00434
                                                                                                    (Complaint filed: March 5, 2019)
                              11                    Plaintiff,
       US CONSTRUCTION LAW




                                                                                                    OPPOSITION OF GOLD PACIFIC
                              12          v.                                                        CONSTRUCTION, INC. TO NOTICE OF
          A LAW CORPORATION




                                                                                                    ORDER TO SHOW CAUSE RE:
                              13   GOLD PACIFIC CONSTRUCTION, INC.,                                 SANCTIONS FOR EX PARTE
                                   a California corporation, ADAN PENA, an                          APPLICATION OF 12/19/19;
                              14   individual; SURETEC INDEMNITY                                    DECLARATION OF SEAN P. REYNOLDS
                                   COMPANY, a California corporation, and
                              15   DOES 1-20                                                        Dept.:     M
                                                  Defendants.                                       Judge:     Hon. Mark A. Young
                              16                                                                    Date:      January 28, 2019
                                                                                                    Time:      8:30 a.m.
                              17   AND RELATED CROSS-ACTIONS

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                              20          TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
                              21   defendant Gold Pacific Construction, Inc. (“GOLD”) hereby submits the following Opposition
                              22   to the Court’s Sua Sponte Notice of Order to Show Cause RE: Sanctions for Ex Parte
                              23   Application of 12/19/19.
                              24               I.        STATEMENT OF FACTS AND PROCEDURAL POSTURE
                              25          On December 19, 2019, in good faith, GOLD moved Ex Parte to Strike the Motion to
                              26   compel Special Interrogatories of 632 N PALM DRIVE, LLC, (“632”) as objectively frivolous
                              27   or in the alternative, an Order to shorten time to hear same. The Application was made
                              28   pursuant to Cod. Civ. Proc. §§436 and 437 to Strike any “irrelevant, false or improper matter
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                                                                         OPPOSITION TO OSC RE: SANCTIONS