Motion-Secondary: CAL-WEST RAIN, INC., A CALIFORNIA CORPORATION VS WESTLAND FARMS LLC, A CALIFORNIA LIMITED LIABILITY ET AL

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                                1 WANGER JONES HELSLEY PC
     265 E. River Park Circle, Suite 310
 2   Fresno, California 93720
     Telephone: (559) 233-4800
 3   Facsimile: (559) 233-9330

 4 Amanda G. Hebesha #234214
   ahebesha(a),wjhattorneys.com
 5

 6 Attorneys for:          Plaintiff, CAL-WEST RAIN, INC.
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                                       SUPERIOR COURT OF CALIFORNIA
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 9                                            COUNTY OF KERN

10                                                           Case No. BCV-22-103054
     CAL-WEST RAIN, INC., a California
11   Corporation                                             REPLY TO NON-OPPOSITION TO
                                                             MOTION ESTABLISIDNG
12                     Plaintiffs,                           ADMISSIONS, AND REQUEST FOR
                                                             MONETARY SANCTIONS
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              V.
14                                                           Hearing:
   WESTLAND FARMS LLC, a California                          Date: August 9, 2023
15 Limited Liability Company; SITHOL YIN; and                Time: 8:30 a.m.
   DOES 1 through 10, inclusive,                             Place: Department Traffic Courtroom T-2
16                                                           Judge: Honorable T. Mark Smith
17                     Defendants.
                                                             [Accompanying Documents: Memorandum
18                                                           of Points and Authorities; Request for
                                                             Judicial Notice; Declaration of Amanda G.
19                                                           Hebesha; [Proposed] Order]

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21                     Plaintiff, CAL-WEST RAIN, INC., ("Plaintiff') has not received an opposition to its

22 Motion Establishing Admissions, and Request for Monetary Sanctions filed against Defendants

23   WESTLAND FARMS LLC and SITHOL YIN ("Defendants") in this matter.
24                    On July 7, 2023, Plaintiff timely filed and served this Motion to Compel. This matter

25 was set for hearing on August 9, 2023. Pursuant to section 1005 subdivision (b) of the Code of Civil

26 Procedure, any opposition should have been filed at least nine (9) court days in advance of the hearing,

27 or by July 27, 2023. As of the filing of this Reply, Plaintiff has not received any opposition, request to

28 continue the hearing, or request to serve a tardy opposition. Further, it appears that none has been filed

     {9615/005/01637292.DOCX}                            1
     REPLY TO NON-OPPOSITION TO MOTION ESTABLISHING ADMISSIONS, AND REQUEST FOR MONETARY SANCTIONS
 1 with the Court.

 2                      Based on the foregoing, the underlying Motion to Compel, and supporting documentation

 3 on file with this Comi, Respondent respectfully requests that the Court grant its Motion and award
 4 Plaintiff sanctions against Defendants in the amount of $687.50. (Hebesha Deel.)
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     Dated: August 2, 2023.                                  WANGER JONES HELSLEY PC
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                                                             By ~                  a~
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                                                                Attorneys for Plaintiff,
 9                                                              CAL-WEST RAIN, INC.
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     {96 15/005/01637292.DOCX}                           2
     REPLY TO NON-OPPOSITION TO MOTION ESTABLISHING ADMISSIONS, AND REQUEST FOR MONETARY SANCTIONS
                                            PROOF OF SERVICE
 1
                    My business address is 265 East River Park Circle, Suite 310, Post Office Box
 2   28340, Fresno, California 93729. I am employed in Fresno County, California. I am over the
 3   age of 18 years and am not a party to this case.

 4                  On the date indicated below, I served the foregoing document(s) described as
     REPLY TO NON-OPPOSITION TO MOTION ESTABLISHING ADMISSIONS, AND
 5   REQUEST FOR MONETARY SANCTIONS on all interested parties in this action by placing
 6   a true copy thereof enclosed in sealed envelopes addressed as follows:

 7     Attorney for Defendants WESTLAND FARMS, INC.
       and SITHOL YIM:
 8     Peter W. Beckman, Esq.
 9     1400 Chester A venue, Suite K
       Bakersfield, California 93301
10     Telephone: (661) 327-7261
       Email: beckmanlaw@att.net
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       X              (BY MAIL)       I am readily familiar with the business' practice for collection and
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                      processing of correspondence for mailing, and that cmTespondence, with postage
13                    thereon fully prepaid, will be deposited with the United States Postal Service on
                      the date noted below in the ordinary course of business, at Fresno, California.
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       X               (ELECTRONIC MAIL) I caused such documents to be scanned into PDF format
15                     and sent via electronic mail to the electronic mail addressee(s) of the addressee(s)
                       designated.
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17                    (BY PERSONAL SERVICE) I caused delivery of such envelope(s), by hand, to
                      the office(s) of the addressee(s).
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                      (BY OVERNIGHT COURIER) I caused the above-referenced envelope(s) to
19                    be delivered to an overnight courier service for delivery to the addressee(s).
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                      EXECUTED ON August 2, 2023, at Fresno, California.
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       X              (STATE) I declare under penalty of perjury under the laws of the State of
22                    California that the foregoing is true and correct.
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                                                      Debbie J. Me   ift
25                                                    dmerritt@wjhattomeys.com
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