Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 12/06/2018 09:39 AM Sherri R. Carter, Executive Officer/Clerk of Court, by J. Reyes,Deputy Clerk
1 KEVIN PERKINS, ESQ. SBN 195279
Perkins Law Firm,
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2618 San Miguel Dr. #103
3 Newport Beach, CA 92660
Tel: (949) 251-8877
4 Fax: (949) 644-6022
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Attorney for Plaintiff/Cross-Defendant Carnell Hart
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SUPERIOR COURT OF THE STATE CALIFORNIA
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8 COUNTY OF LOS ANGELES - NORWALK COURTHOUSE
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CARNELL HART, ) Case No.: VC067139
10 )
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Plaintiff, )
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)
vs. ) MOTION TO COMPEL FURTHER
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) RESPONSES TO SPECIAL
INTERROGATORNIES FROM
13 JASON GRAVES, an individual, and DOES 1 ) DEFENDANT JASON GRAVES (CCP
)
) §2030.300)
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through 10, inclusive, )
15 )
Defendants, )
16 )
)
_____________________________________ )
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)
18 JASON GRAVES, an individual, )
)
19 ) DATE:
Cross-Complainant, ) TIME:
20 ) DEPT:
vs. )
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CARNELL HART, an individual, and DOES 1 ))
22 through 10, inclusive, )
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Cross-Defendants. )
24 )
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MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL
INTERROGATORNIES FROM DEFENDANT JASON GRAVES (CCP §2030.300)
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1 TO DEFENDANT JASON GRAVES AND TO HIS ATTORNEY OF RECORD
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HEREIN,
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NOTICE IS HEREBY GIVEN that on ________ 2019 at ____ p.m . in Department of
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this Court, located at 12720 Norwalk Blvd, Norwalk, CA 9065, Plaintiff and Cross-Defendant
6 Carnell Hart ("Plaintiff “and/or "Hart") will move and hereby does move this Court for an Order
7 compelling Defendant and Cross-Complainant Jason Graves ("Defendant” and/or “Graves") to
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provide further verified responses to Hart’s Special Interrogatories, Set One, and, specifically
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Special Interrogatories Nos. 1 through 31..
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11 This Motion is made pursuant to California Code of Civil Procedure § 2030.300(a), on
12 the grounds that Defendant Graves (1) has provided deficient, insufficient and evasive
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non-responses to Plaintiff’s Special Interrogatories 1 through 31; (2) has not provided any
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information as to those Special Interrogatories Nos. 1 through 31; and (3) has made false and
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meritless objections to the Special Interrogatories 1 through 31, including spurious bad faith non-
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17 answers.
18 This Motion further seeks imposition of sanctions against Cross-Defendant in the sum of
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$ 3,000.00 pursuant to Code of Civil Procedure § 2030.300(d). Defendant's failure to provide
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proper and sufficient responses to these Special Interrogatories has necessitated this Motion and
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22 is without substantial justification. Plaintiff may seek further sanctions for additional fees and
23 costs to be incurred by Defendant for this Motion should Defendant oppose this Motion, as
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provided in the cited statute.
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MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL
INTERROGATORNIES FROM DEFENDANT JASON GRAVES (CCP §2030.300)
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1 Plaintiff is filing companion Motions herewith including to compel Defendant to provide
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further responses to Plaintiff’s Form Interrogatories and Request for Production of Documents -
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Set One.
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This Motion further asserts that by avoiding Plaintiff ‘s Special Interrogatories, as well as
6 the other discovery that is the subject of Plaintiff’s concurrent Motions, Defendant is causing and
7 will cause material prejudice to Plaintiff, is unjustified by law and the facts or this case, and
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ignores Defendant's responsibilities under California discovery laws.
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Plaintiff has provided herewith the Separate Statement under Rule 3.1345 of the
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11 California Rules of Court (“Separate Statement'), identifying the Special Interrogatories for
12 which the Court's Order is sought by this Motion.
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Plaintiff, through his counsel of record, commenced and diligently has attempted to
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complete a meet and confer, including under CCP. §§ 2030.300(b) and 2016.040, respecting the
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subject Special Interrogatories and the other discovery subject to this Motion and the companion
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17 Motions.
18 The Declaration of Plaintiff’s counsel, Kevin J. Perkins, Esq., submitted herewith
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includes the Meet and Confer Declaration under C.C.P. §§ 2030.290(b) and C.C.P §§ 2016.040.
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However, as stated In the Perkins Declaration, the attempted meet and confer has been
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22 unsuccessful and no subsequent or curative response has been made by Defendant.
23 This Motion is based on this Notice, the Memorandum of Points and Authorities and
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Declaration of Kevin J. Perkins, Esq. submitted herewith, the [Proposed) Order, the pleadings,
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records and files in this action and such additional filings, submissions and oral argument as may
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MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL
INTERROGATORNIES FROM DEFENDANT JASON GRAVES (CCP §2030.300)
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1 be made at or prior to the hearing of this Motion.
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Dated: 12/05/2018
3 PERKINS LAW FIRM, APC
Kevin Perkins
4 Attorney for Carnell Hart
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ATTORNEY FOR CARNELL HART
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MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL
INTERROGATORNIES FROM DEFENDANT JASON GRAVES (CCP §2030.300)
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Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 12/06/2018 09:39 AM Sherri R. Carter, Executive Officer/Clerk of Court, by J. Reyes,Deputy Clerk 1 KEVIN PERKINS, ESQ. SBN 195279 Perkins Law Firm, 2 2618 San Miguel Dr. #103 3 Newport Beach, CA 92660 Tel: (949) 251-8877 4 Fax: (949) 644-6022 5 Attorney for Plaintiff/Cross-Defendant Carnell Hart 6 SUPERIOR COURT OF THE STATE CALIFORNIA 7 8 COUNTY OF LOS ANGELES - NORWALK COURTHOUSE 9 CARNELL HART, ) Case No.: VC067139 10 ) ) Plaintiff, ) 11 ) vs. ) MOTION TO COMPEL FURTHER 12 ) RESPONSES TO SPECIAL INTERROGATORNIES FROM 13 JASON GRAVES, an individual, and DOES 1 ) DEFENDANT JASON GRAVES (CCP ) ) §2030.300) 14 through 10, inclusive, ) 15 ) Defendants, ) 16 ) ) _____________________________________ ) 17 ) 18 JASON GRAVES, an individual, ) ) 19 ) DATE: Cross-Complainant, ) TIME: 20 ) DEPT: vs. ) 21 ) CARNELL HART, an individual, and DOES 1 )) 22 through 10, inclusive, ) 23 ) Cross-Defendants. ) 24 ) 25 /// 26 27 28 MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORNIES FROM DEFENDANT JASON GRAVES (CCP §2030.300) - 1 1 TO DEFENDANT JASON GRAVES AND TO HIS ATTORNEY OF RECORD 2 HEREIN, 3 NOTICE IS HEREBY GIVEN that on ________ 2019 at ____ p.m . in Department of 4 5 this Court, located at 12720 Norwalk Blvd, Norwalk, CA 9065, Plaintiff and Cross-Defendant 6 Carnell Hart ("Plaintiff “and/or "Hart") will move and hereby does move this Court for an Order 7 compelling Defendant and Cross-Complainant Jason Graves ("Defendant” and/or “Graves") to 8 provide further verified responses to Hart’s Special Interrogatories, Set One, and, specifically 9 Special Interrogatories Nos. 1 through 31.. 10 11 This Motion is made pursuant to California Code of Civil Procedure § 2030.300(a), on 12 the grounds that Defendant Graves (1) has provided deficient, insufficient and evasive 13 non-responses to Plaintiff’s Special Interrogatories 1 through 31; (2) has not provided any 14 information as to those Special Interrogatories Nos. 1 through 31; and (3) has made false and 15 meritless objections to the Special Interrogatories 1 through 31, including spurious bad faith non- 16 17 answers. 18 This Motion further seeks imposition of sanctions against Cross-Defendant in the sum of 19 $ 3,000.00 pursuant to Code of Civil Procedure § 2030.300(d). Defendant's failure to provide 20 proper and sufficient responses to these Special Interrogatories has necessitated this Motion and 21 22 is without substantial justification. Plaintiff may seek further sanctions for additional fees and 23 costs to be incurred by Defendant for this Motion should Defendant oppose this Motion, as 24 provided in the cited statute. 25 26 27 28 MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORNIES FROM DEFENDANT JASON GRAVES (CCP §2030.300) - 2 1 Plaintiff is filing companion Motions herewith including to compel Defendant to provide 2 further responses to Plaintiff’s Form Interrogatories and Request for Production of Documents - 3 Set One. 4 5 This Motion further asserts that by avoiding Plaintiff ‘s Special Interrogatories, as well as 6 the other discovery that is the subject of Plaintiff’s concurrent Motions, Defendant is causing and 7 will cause material prejudice to Plaintiff, is unjustified by law and the facts or this case, and 8 ignores Defendant's responsibilities under California discovery laws. 9 Plaintiff has provided herewith the Separate Statement under Rule 3.1345 of the 10 11 California Rules of Court (“Separate Statement'), identifying the Special Interrogatories for 12 which the Court's Order is sought by this Motion. 13 Plaintiff, through his counsel of record, commenced and diligently has attempted to 14 complete a meet and confer, including under CCP. §§ 2030.300(b) and 2016.040, respecting the 15 subject Special Interrogatories and the other discovery subject to this Motion and the companion 16 17 Motions. 18 The Declaration of Plaintiff’s counsel, Kevin J. Perkins, Esq., submitted herewith 19 includes the Meet and Confer Declaration under C.C.P. §§ 2030.290(b) and C.C.P §§ 2016.040. 20 However, as stated In the Perkins Declaration, the attempted meet and confer has been 21 22 unsuccessful and no subsequent or curative response has been made by Defendant. 23 This Motion is based on this Notice, the Memorandum of Points and Authorities and 24 Declaration of Kevin J. Perkins, Esq. submitted herewith, the [Proposed) Order, the pleadings, 25 records and files in this action and such additional filings, submissions and oral argument as may 26 27 28 MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORNIES FROM DEFENDANT JASON GRAVES (CCP §2030.300) - 3 1 be made at or prior to the hearing of this Motion. 2 Dated: 12/05/2018 3 PERKINS LAW FIRM, APC Kevin Perkins 4 Attorney for Carnell Hart 5 6 7 ATTORNEY FOR CARNELL HART 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORNIES FROM DEFENDANT JASON GRAVES (CCP §2030.300) - 4