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V
ORIGINAL
SCOTT L. MACDONALD, ESQ. (SBN 171865)
ELIZABETH C. TINGEN, ESQ. (SBN 3231 18)
MACDONALD & CODY, LLP
28 Executive Park, Third Floor
Irvine, California 92614
(714) 831-1713; Fax: (714) 823-3229
smacdonald@macdonaldcodv.com
\OOOVQUI-PWNH
Attorneys for Defendant ADA MCZEAL
SUPERIOR COURT OF THE STATE 0F CALIFORNIA
COUNTY OF SAN BERNARDINO
MICHELLE VALENZUELA, a California Case No.2 CIVSB2217403
Citizen; and ERNEST MICHAEL [Unlimited Civil Jurisdiction — Demand exceeds $25,000]
VALENZUELA III, a California citizen,
DEFENDANT ADA MCZEAL’S REPLY
Plaintiffs, TO PLAINTIFF MICHELLE
vs. VALENZUELA’S OPPOSITION TO
MOTION TO COMPEL FURTHER
RESPONSES TO FORM
ADA MCZEAL, a California citizen; and INTERROGATORIES, SET ONE
JULIUS MOORE, a California citizen; and
DOES 1 t0 10, inclusive, Date: July 17, 2023 u.
Time: 8:30 a.m.
Defendants. Dept. $24
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Assigged for All Pumoses to:
Hon. Gilbert Ochoa, Dept. $24
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Complaint Filed: 08/10/2022
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Trial Date: TBD
TO THE COURT, PLAINTIFFS AND PLAINTIFFS’ ATTORNEY OF RECORD
HEREIN:
PLEASE TAKE NOTICE that Defendant ADA MCZEAL (“Defendant”) hereby submits
her reply t0 Plaintiff MICHELLE VALENZUELA’s (“Plaintiff”) Opposition t0 Defendant’s
Motion to Compel Plaintiff” s Further Responses to Form Intenogatories, Set One.
///
DEFENDANT ADA MCZEAL’S REPLY TO PLAINTIFF MICHELLE VALENZUELA’S
OPPOSITION TO MOTION TO COMPEL FURTHER RESPONSES TO FORM
INTERROGATORIES, SET ONE
I. INTRODUCTION
On January 9, 2023, Defendant Ada McZeal (“Defendant”) propounded set one Form
Interrogatories, Special Interrogatories, Request for Admission, and Request for Production of
Documents on Plaintiff Michelle Valenzuela (“Plaintiff”).
WOONONUithv—a On February 10, 2023, Plaintiff provided incomplete, deficient, improper, and evasive
responses t0 Defendant’s set one discovery.
In an attempt to resolve these discovery disputes, 0n February 27, 2023, a meet and confer
letter was sent to Plaintiff’s Counsel outlining the deficient responses. In the February 27, 2023,
meet and confer letter, Defendant gave Plaintiff an extension of time until March 6, 2023, to provide
further responses to the interrogatories at issue.
On March 6, 2023, Plaintiff’s Counsel sent a letter to Defendant’s Counsel requesting an
extension of time until March 13, 2023, to provide further responses. Defendant’s Counsel granted
Plaintiff and additional extension of time.
Having not received further responses, on April 3, 2023, Defendant’s Counsel sent a second
formal meet and confer letter to Plaintiff s Counsel. Defendant’s Counsel gave Plaintiff until April
10, 2023, to provide further responses. To date, Defendant has not received further responses.
Defendant and Defendant’s Counsel is informed that Plaintiff’s husband, co-Plaintiff Ernest
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Valenzuela (“Ernest”) passed away 0n March 14, 2023. Defendant and Defendant’s Counsel express
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their condolences to Plaintiff.
Defendant and Defendant’s Counsel did not intend for the multiple meet and confer efforts,
these motions, or the monetary sanctions requested herein t0 be offensive to Plaintiff or ignorant of
her grief. However, no responses were provided, no further extension to respond was requested, and
no pleading was made to dismiss Ernest from the action. As such, Defendant was bound by the time
constraints of discovery and forced t0 file these motions.
The subj ect discovery is probative, reasonably calculated t0 lead to the discovery 0f
admissible evidence and seeks information that is not privileged or otherwise protected from
discovery. Plaintiff’s refusal to provide the information, and the unmeritorious obj ections provided
DEFENDANT ADA MCZEAL’S REPLY TO PLAINTIFF MICHELLE VALENZUELA’S
OPPOSITION TO MOTION TO COMPEL FURTHER RESPONSES TO FORM
INTERROGATORIES, SET ONE
Preview
V ORIGINAL SCOTT L. MACDONALD, ESQ. (SBN 171865) ELIZABETH C. TINGEN, ESQ. (SBN 3231 18) MACDONALD & CODY, LLP 28 Executive Park, Third Floor Irvine, California 92614 (714) 831-1713; Fax: (714) 823-3229 smacdonald@macdonaldcodv.com \OOOVQUI-PWNH Attorneys for Defendant ADA MCZEAL SUPERIOR COURT OF THE STATE 0F CALIFORNIA COUNTY OF SAN BERNARDINO MICHELLE VALENZUELA, a California Case No.2 CIVSB2217403 Citizen; and ERNEST MICHAEL [Unlimited Civil Jurisdiction — Demand exceeds $25,000] VALENZUELA III, a California citizen, DEFENDANT ADA MCZEAL’S REPLY Plaintiffs, TO PLAINTIFF MICHELLE vs. VALENZUELA’S OPPOSITION TO MOTION TO COMPEL FURTHER RESPONSES TO FORM ADA MCZEAL, a California citizen; and INTERROGATORIES, SET ONE JULIUS MOORE, a California citizen; and DOES 1 t0 10, inclusive, Date: July 17, 2023 u. Time: 8:30 a.m. Defendants. Dept. $24 E NNNNNNNNNHb—Ir—r—Ib—tu—th—Ap—An—ip—n Assigged for All Pumoses to: Hon. Gilbert Ochoa, Dept. $24 D u—JJ fl fl ' Complaint Filed: 08/10/2022 OOQONM$UJNHOKOOOQONUI-PWNHO Trial Date: TBD TO THE COURT, PLAINTIFFS AND PLAINTIFFS’ ATTORNEY OF RECORD HEREIN: PLEASE TAKE NOTICE that Defendant ADA MCZEAL (“Defendant”) hereby submits her reply t0 Plaintiff MICHELLE VALENZUELA’s (“Plaintiff”) Opposition t0 Defendant’s Motion to Compel Plaintiff” s Further Responses to Form Intenogatories, Set One. /// DEFENDANT ADA MCZEAL’S REPLY TO PLAINTIFF MICHELLE VALENZUELA’S OPPOSITION TO MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE I. INTRODUCTION On January 9, 2023, Defendant Ada McZeal (“Defendant”) propounded set one Form Interrogatories, Special Interrogatories, Request for Admission, and Request for Production of Documents on Plaintiff Michelle Valenzuela (“Plaintiff”). WOONONUithv—a On February 10, 2023, Plaintiff provided incomplete, deficient, improper, and evasive responses t0 Defendant’s set one discovery. In an attempt to resolve these discovery disputes, 0n February 27, 2023, a meet and confer letter was sent to Plaintiff’s Counsel outlining the deficient responses. In the February 27, 2023, meet and confer letter, Defendant gave Plaintiff an extension of time until March 6, 2023, to provide further responses to the interrogatories at issue. On March 6, 2023, Plaintiff’s Counsel sent a letter to Defendant’s Counsel requesting an extension of time until March 13, 2023, to provide further responses. Defendant’s Counsel granted Plaintiff and additional extension of time. Having not received further responses, on April 3, 2023, Defendant’s Counsel sent a second formal meet and confer letter to Plaintiff s Counsel. Defendant’s Counsel gave Plaintiff until April 10, 2023, to provide further responses. To date, Defendant has not received further responses. Defendant and Defendant’s Counsel is informed that Plaintiff’s husband, co-Plaintiff Ernest NNNNNNNNNF—‘HHr—‘HHHHHt—t Valenzuela (“Ernest”) passed away 0n March 14, 2023. Defendant and Defendant’s Counsel express OONQUIAUJNr—‘OKOOOQONUI-PUJNF—‘O their condolences to Plaintiff. Defendant and Defendant’s Counsel did not intend for the multiple meet and confer efforts, these motions, or the monetary sanctions requested herein t0 be offensive to Plaintiff or ignorant of her grief. However, no responses were provided, no further extension to respond was requested, and no pleading was made to dismiss Ernest from the action. As such, Defendant was bound by the time constraints of discovery and forced t0 file these motions. The subj ect discovery is probative, reasonably calculated t0 lead to the discovery 0f admissible evidence and seeks information that is not privileged or otherwise protected from discovery. Plaintiff’s refusal to provide the information, and the unmeritorious obj ections provided DEFENDANT ADA MCZEAL’S REPLY TO PLAINTIFF MICHELLE VALENZUELA’S OPPOSITION TO MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE