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@wjhattorneys.com
 5

 6   Attorneys for:         Plaintiff, CAL-WEST RAIN, INC.

 7
                                      SUPERIOR COURT OF CALIFORNIA
 8

 9                                            COUNTY OF KERN

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                                                             Case No. BCV-22-103054
ll   CAL-WEST RAIN, INC., a California
     Corporation                                             REPLY TO NON-OPPOSITION TO
12                                                           MOTION TO COMPEL RESPONSE TO
                       Plaintiffs,                           FORM INTERROGATORIES, SET ONE;
13                                                           AND REQUEST FOR SANCTIONS
              V.
14                                                           Hearing:
15   WESTLAND FARMS LLC, a California                        Date: August 9, 2023
     Limited Liability Company; SITHOL YIN; and              Time: 8:30 a.m.
16   DOES 1 through 10, inclusive,                           Place: Department Traffic Courtroom T-2
                                                             Judge: Honorable T. Mark Smith
17                     Defendants.
                                                             [Accompanying Documents: Memorandum
18                                                           of Points and Authorities; Request for
19                                                           Judicial Notice; Declaration of Amanda G.
                                                             Hebesha; [Proposed] Order]
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22                     Plaintiff, CAL-WEST RAIN, INC., ("Plaintiff') has not received an opposition to its

23   Motion to Compel Response to Form Inten-ogatories, Set one, and Request for Sanctions filed against

24   Defendants WESTLAND FARMS LLC and SITHOL YIN ("Defendants") in this matter.

25                     On July 7, 2023, Plaintiff timely filed and served this Motion to Compel. This matter

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

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

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

     {961 5/005/01637298.DOCX}                           I
        REPLY TO NON-OPPOSITlON TO MOTION TO COMPEL RESPONSE TO FORM INTERROGATORIES, SET ONE; AND
                                          REQUEST FOR SANCTIONS
 1 continue the hearing, or request to serve a tardy opposition. Further, it appears that none has been filed
 2   with the Com1.

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

 4   on file with this Court, Respondent respectfully requests that the Court grant its Motion and award

 5   Plaintiff sanctions against Defendants in the amount of $687 .50. (Hebesha Deel.)

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     Dated: August 2, 2023.                                 WANGER JONES HELSLEY PC
 7

 8                                                          By    \ ~,mJ,.,._
                                                                 Amanda G. Hebesha
 9
                                                                 Attorneys for Plaintiff,
10                                                               CAL-WEST RAIN, INC.

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     {9615/005/01637298.DOCX}                           2
        REPLY TO N ON-OPPOSITION TO MOTION TO COMPEL RESPONSE TO FORM INTERROGATORIES, SET ONE; AND
                                           REQUEST FOR 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 TO COMPEL RESPONSE TO FORM
 5   INTERROGATORIES, SET ONE; AND REQUEST FOR SANCTIONS on all interested
 6   parties in this action by placing a true copy thereof enclosed in sealed envelopes addressed as
     follows:
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       Attorney for Defendants WESTLAND FARMS, INC.
 8     and SITHOL YIM:
 9     Peter W. Beckman, Esq.
       1400 Chester Avenue, Suite K
10     Bakersfield, California 93301
       Telephone: (661) 327-7261
11     Email: beckmanlaw@att.net
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       X              (BY MAIL)       I am readily familiar with the business' practice for collection and
13                    processing of correspondence for mailing, and that correspondence, with postage
                      thereon fully prepaid, will be deposited with the United States Postal Service on
14                    the date noted below in the ordinary course of business, at Fresno, California.
15                     (ELECTRONIC MAIL) I caused such documents to be scanned into PDF format
       X
16                     and sent via electronic mail to the electronic mail addressee(s) of the addressee(s)
                       designated.
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                      (BY PERSONAL SERVICE) I caused delivery of such envelope(s), by hand, to
18                    the office(s) of the addressee(s).
19                     (BY OVERNIGHT COURIER) I caused the above-referenced envelope(s) to
20                     be delivered to an overnight courier service for delivery to the addressee(s).

21                     EXECUTED ON August 2, 2023, at Fresno, California.
22     X               (STATE) I declare under penalty of perjury under the laws of the State of
23                     California that the foregoing is true and correct.

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25                                                    ~bbiL~
                                                      Debbie J. Melt
26                                                    dmenitt@wjhattorneys.com

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