Preview
H. Ty Kharazi, Esq.; SBN 187894 E-FILED
Nicholas E. Aniotzbehere, Esq; SBN 263465 5/7/2018 12:24 PM
YARRA LAW GROUP FRESNO COUNTY SUPERIOR COURT
2000 Fresno Street, Suite 300 By: L Peterson, Deputy WEB-2018-32814 $60.00
Fresno, CA 93721
Telephone: (559) 441-1214
Facsimile: (559) 266-4236
Attorney for Defendant and Cross-Complainant,
MEL ABDELAZIZ
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF FRESNO
FRANK CRUZ, Case No. 17CECGO4380
10 Plaintiff, NOTICE OF MOTION AND MOTION TO
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COMPEL INITIAL RESPONSES TO
11 v. REQUEST FOR PRODUCTION OF
DOCUMENTS, SET ONE, AND TO
12 MEL ABDELAZIZ, COMPEL PRODUCTION OF
DOCUMENTS; MEMORANDUM OF
13 Defendant. POINTS AND AUTHORITIES; REQUEST
FOR SANCTIONS
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MEL ABDELAZIZ,
15 Hearing:
Cl-Oss_comp1ainant, Date: June 14, 2018
16 Time: 3:30 pm.
V_ Location: Dept. 502
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FRANK CRUZ,
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Cross—Defendant.
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TO all parties and their attorneys 0f record:
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PLEASE TAKE NOTICE that 0n June 14, 2018, at 3:30 p.111. in Depanment 502 0f the
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Fresno County Superior Coufi located at 1130 O Street, Fresno, CA 93721, Defendant Mel
23 Abdelaziz will move and hereby moves for an order compelling Plaintiff Frank C1112 t0 give initial
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NOTICE OF MOTION TO COMPEL RESPONSES, DOCUMENT PRODUCTION
{ARRA LAW GROUP
)UO Fresno StrceL St. 300
CA 9372|
Fresno,
verified responses to Defendant’s Request For Production 0f Documents, Set One, and to produce
the documents requested This motion is based on the fact that the Request for Production was
served upon Plaintiff and no responses were provided within 30 days of service. The motion will
further be based upon the concuITently filed memorandum 0f points and authorities, declarations
and 0n such other evidence and argument as may be heard attime 0f hearing.
In addition, Defendant requests that sanctions be imposed in the amount 0f $390.00 due t0
the necessity 0f bringing this motion.
Dated; May é ,2018 YARRA LAW FIRM
'10 B . . razi, Esq., Attorneys for
'
(Defel dant Mel
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NOTICE OF MOTION TO COMPEL RESPONSES, DOCUMENT PRODUCTION
(ARRA LAW GROUP
300
)00 Fresno Street;
Sl.
CA 93721
Fresno,
MEMORANDUM OF POINTS AND AUTHORITIES
I. INTRODUCTION
On March 28, 2018, Defendant’s counsel sewed upon Frank Cruz Defendant’s Request for
Production 0f Documents — Set One. N0 responses 0f any kind were received on a timely basis 01‘
0n a late basis, making this Motion necessary.
II. AN ORDER COMPELLING RESPONSES IS APPROPRIATE WHEN NO
RESPONSES ARE PROVIDED
Per Code of Civil Procedure §203 1 .300, in relevant pent
If a party t0 whom a demand for inspection, copying, testing or sampling is directed
fails to serve a timely response to it,the following mles apply:
(a) The party t0 Whom the demand for inspection, copying, testing 0r sampling is
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directed waives any Objection t0 the demand, including one based 011 privilege 01'0n the
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protection for work product . ..
12 (b) The patty making the demand may move for an order compelling responses
13 t0 the demand.
There isn0 meet and confer requirement when a party completely fails t0 provide
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timely discovery responses. (Cal. Code Civ. Proc. §2030.300; Sinaiko Healthcare Consulting,
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Inc. v. Pacific Healthcare Consultants (2007) 148 Ca1.App.4th 390, 411.)
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IV. SANCTIONS ARE APPROPRIATE
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Code 0f Civil Procedure §2030.300(c), in relevant pafi, provides:
18 (c) .. .the court shall impose a monetary sanction under Chapter 7
19 (commencing With Section 2023.010) against any pafiy, person, 0r attorney who
unsuccessfully makes 01‘opposes a motion to compel a response t0 a demand for
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inspection, copying, testing 01‘ sampling, unless it finds that the one subj ect to the
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sanction acted With substantial justification 01'that other Circumstances make the
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imposition of the sanction unjust.
23 As set fofih in the concurrently filed Declaration 0f Daniel J.Tekunoff in Support of
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NOTICE OF MOTION TO COMPEL RESPONSES, DOCUMENT PRODUCTION
(ARRA LA‘V GROUP
)00 Fresno Street. St. 300
CA 93721
Fresno.
Request for Sanctions, Plaintiff requests sanctions in the amount 0f $390.00.
V. CONCLUSION
Because Plaintiff Frank Cruz completely failed to respond t0 the Request For
Production 0f Documents, Set One an order compelling such response isnecessary. In
addition, the necessity 0f bringing this motion warrants a monetary sanction of $390.00 against
Plaintiff Frank C1112.
YARRA LAW GROUP
Dated: May 7 ,
2018. I
By: Kh
.\’T/y
zi,Attorneys for Plaintiff and Cross-
Defe1 ant PAR LAGHAIFAR
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NOTICE OF MOTION TO COMPEL RESPONSES, DOCUMENT PRODUCTION
(ARRA LAW GROUP
SL 300
)00 Fresno Street.
CA
Fresno. 93721
PROOF 0F SERVICE
I, Ricardo Caristobal, am employed in the County of Fresno, State of California. Iam over the age of
eighteen (1 8) years and not a pafiy t0 this cause. My business address is Yan'a Law Group, 2000 Fresno
Street, Ste. 300, Fresno, CA 93721. On MAY _7__, 2018, I sewed the documents titled as:
NOTICE OF MOTION AND MOTION TO COMPEL INITIAL RESPONSES TO REQUEST FOR
PRODUCTION OF DOCUMENTS, SET ONE, AND TO COMPEL PRODUCTION OF
DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR SANCTIONS
D By Fax: transmitting between 9:00 and 5:00
21.111. p.111.on the same day the documents listed above t0 the
persons and fax numbers listed below.
D By Hand: personally delivering the documents listed above t0 the persons and addresses listed below.
E By Mail: placing the documents listed above in a sealed envelope, with postage thereon fully prepaid, in
the United States mail at Fresno, California, and addressed as listed below, following ordinaxy business
practices at Yan‘a Law Group. I am readily familiar with Yarra Law Group’s business practice of
collecting and processing correspondence for mailing With the United States Postal Sewice. Under that
practice, itwould be deposited with the United States Postal Service at Fresno, Califomia, with postage
thereon fully prepaid, 011 that same day in the ordinary course 0f business.
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D By Overnight Delivery Service: causing the documents listed above to be picked up by an overnight
delivew service company for delivery 0n the next business day to the persons and addressees listed
below.
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D By Personal Delivery: causing personal delively by 0f the documents listedabove to
13 the persons and addresses listed below.
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ATTORNEY/PRO PER PARTY PARTY/PARTIES REPRESENTED
Frank Cruz Self (pro per party)
15 1708 N. Cedar Ave.
Fresno, CA 93703
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Ideclare under penalty 0f p61ju1y under the laws of the State of California that the foregoing is true and
correct.
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Executed 0n 2018 "t"
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/MAY7_, Fi‘esno, California.
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21 Rica1d0\G s/toba/
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NOTICE OF MOTION TO COMPEL RESPONSES, DOCUMENT PRODUCTION
(ARRA LAW GROUP
)00 Fresno StreeL St. 300
CA
Fresno. 93721
Preview
H. Ty Kharazi, Esq.; SBN 187894 E-FILED Nicholas E. Aniotzbehere, Esq; SBN 263465 5/7/2018 12:24 PM YARRA LAW GROUP FRESNO COUNTY SUPERIOR COURT 2000 Fresno Street, Suite 300 By: L Peterson, Deputy WEB-2018-32814 $60.00 Fresno, CA 93721 Telephone: (559) 441-1214 Facsimile: (559) 266-4236 Attorney for Defendant and Cross-Complainant, MEL ABDELAZIZ SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF FRESNO FRANK CRUZ, Case No. 17CECGO4380 10 Plaintiff, NOTICE OF MOTION AND MOTION TO ' COMPEL INITIAL RESPONSES TO 11 v. REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, AND TO 12 MEL ABDELAZIZ, COMPEL PRODUCTION OF DOCUMENTS; MEMORANDUM OF 13 Defendant. POINTS AND AUTHORITIES; REQUEST FOR SANCTIONS 14 MEL ABDELAZIZ, 15 Hearing: Cl-Oss_comp1ainant, Date: June 14, 2018 16 Time: 3:30 pm. V_ Location: Dept. 502 17 FRANK CRUZ, 18 Cross—Defendant. 19 20 TO all parties and their attorneys 0f record: 21 PLEASE TAKE NOTICE that 0n June 14, 2018, at 3:30 p.111. in Depanment 502 0f the 22 Fresno County Superior Coufi located at 1130 O Street, Fresno, CA 93721, Defendant Mel 23 Abdelaziz will move and hereby moves for an order compelling Plaintiff Frank C1112 t0 give initial 24 1 NOTICE OF MOTION TO COMPEL RESPONSES, DOCUMENT PRODUCTION {ARRA LAW GROUP )UO Fresno StrceL St. 300 CA 9372| Fresno, verified responses to Defendant’s Request For Production 0f Documents, Set One, and to produce the documents requested This motion is based on the fact that the Request for Production was served upon Plaintiff and no responses were provided within 30 days of service. The motion will further be based upon the concuITently filed memorandum 0f points and authorities, declarations and 0n such other evidence and argument as may be heard attime 0f hearing. In addition, Defendant requests that sanctions be imposed in the amount 0f $390.00 due t0 the necessity 0f bringing this motion. Dated; May é ,2018 YARRA LAW FIRM '10 B . . razi, Esq., Attorneys for ' (Defel dant Mel 11 \\ 12 13 14 15 16 17 18 19 20 21 22 23 24 2 NOTICE OF MOTION TO COMPEL RESPONSES, DOCUMENT PRODUCTION (ARRA LAW GROUP 300 )00 Fresno Street; Sl. CA 93721 Fresno, MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION On March 28, 2018, Defendant’s counsel sewed upon Frank Cruz Defendant’s Request for Production 0f Documents — Set One. N0 responses 0f any kind were received on a timely basis 01‘ 0n a late basis, making this Motion necessary. II. AN ORDER COMPELLING RESPONSES IS APPROPRIATE WHEN NO RESPONSES ARE PROVIDED Per Code of Civil Procedure §203 1 .300, in relevant pent If a party t0 whom a demand for inspection, copying, testing or sampling is directed fails to serve a timely response to it,the following mles apply: (a) The party t0 Whom the demand for inspection, copying, testing 0r sampling is 10 directed waives any Objection t0 the demand, including one based 011 privilege 01'0n the 11 protection for work product . .. 12 (b) The patty making the demand may move for an order compelling responses 13 t0 the demand. There isn0 meet and confer requirement when a party completely fails t0 provide 14 timely discovery responses. (Cal. Code Civ. Proc. §2030.300; Sinaiko Healthcare Consulting, 15 Inc. v. Pacific Healthcare Consultants (2007) 148 Ca1.App.4th 390, 411.) 16 IV. SANCTIONS ARE APPROPRIATE 17 Code 0f Civil Procedure §2030.300(c), in relevant pafi, provides: 18 (c) .. .the court shall impose a monetary sanction under Chapter 7 19 (commencing With Section 2023.010) against any pafiy, person, 0r attorney who unsuccessfully makes 01‘opposes a motion to compel a response t0 a demand for 20 inspection, copying, testing 01‘ sampling, unless it finds that the one subj ect to the 21 sanction acted With substantial justification 01'that other Circumstances make the 22 imposition of the sanction unjust. 23 As set fofih in the concurrently filed Declaration 0f Daniel J.Tekunoff in Support of 24 3 NOTICE OF MOTION TO COMPEL RESPONSES, DOCUMENT PRODUCTION (ARRA LA‘V GROUP )00 Fresno Street. St. 300 CA 93721 Fresno. Request for Sanctions, Plaintiff requests sanctions in the amount 0f $390.00. V. CONCLUSION Because Plaintiff Frank Cruz completely failed to respond t0 the Request For Production 0f Documents, Set One an order compelling such response isnecessary. In addition, the necessity 0f bringing this motion warrants a monetary sanction of $390.00 against Plaintiff Frank C1112. YARRA LAW GROUP Dated: May 7 , 2018. I By: Kh .\’T/y zi,Attorneys for Plaintiff and Cross- Defe1 ant PAR LAGHAIFAR 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4 NOTICE OF MOTION TO COMPEL RESPONSES, DOCUMENT PRODUCTION (ARRA LAW GROUP SL 300 )00 Fresno Street. CA Fresno. 93721 PROOF 0F SERVICE I, Ricardo Caristobal, am employed in the County of Fresno, State of California. Iam over the age of eighteen (1 8) years and not a pafiy t0 this cause. My business address is Yan'a Law Group, 2000 Fresno Street, Ste. 300, Fresno, CA 93721. On MAY _7__, 2018, I sewed the documents titled as: NOTICE OF MOTION AND MOTION TO COMPEL INITIAL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, AND TO COMPEL PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR SANCTIONS D By Fax: transmitting between 9:00 and 5:00 21.111. p.111.on the same day the documents listed above t0 the persons and fax numbers listed below. D By Hand: personally delivering the documents listed above t0 the persons and addresses listed below. E By Mail: placing the documents listed above in a sealed envelope, with postage thereon fully prepaid, in the United States mail at Fresno, California, and addressed as listed below, following ordinaxy business practices at Yan‘a Law Group. I am readily familiar with Yarra Law Group’s business practice of collecting and processing correspondence for mailing With the United States Postal Sewice. Under that practice, itwould be deposited with the United States Postal Service at Fresno, Califomia, with postage thereon fully prepaid, 011 that same day in the ordinary course 0f business. 10 11 D By Overnight Delivery Service: causing the documents listed above to be picked up by an overnight delivew service company for delivery 0n the next business day to the persons and addressees listed below. 12 D By Personal Delivery: causing personal delively by 0f the documents listedabove to 13 the persons and addresses listed below. 14 ATTORNEY/PRO PER PARTY PARTY/PARTIES REPRESENTED Frank Cruz Self (pro per party) 15 1708 N. Cedar Ave. Fresno, CA 93703 16 17 Ideclare under penalty 0f p61ju1y under the laws of the State of California that the foregoing is true and correct. 18 Executed 0n 2018 "t" 19 /MAY7_, Fi‘esno, California. 20 21 Rica1d0\G s/toba/ 22 23 24 5 NOTICE OF MOTION TO COMPEL RESPONSES, DOCUMENT PRODUCTION (ARRA LAW GROUP )00 Fresno StreeL St. 300 CA Fresno. 93721