Preview
ELECTRONICALLY FILED
Superior Court of California,
County of Placer
Elijah Underwood, SBN 267665 07/31/2023 at 06:50:34 PM
Giavanna DePrima, SBN 243455 By: Laurel L Sanders
2 UNDERWOOD LAW FIRM, P.C Deputy Clerk
428 J Street, Fourth Floor
Sacramento, CA 95814
Phone: 916.318.8000
eli@underwood.law
gia(@underwood. law
Attorneys for Plaintiff
Jenna Kathleen Eunice
THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA
PLACER COUNTY—UNLIMITED JURISDICTION
10 JENNA KATHLEEN EUNICE, a natural CASE NO: S-CV-0050542
person;
11
ASSIGNED TO:
12 Plaintiff, THE HON. MICHAEL JONES
13 vs. PLAINTIFF’S NOTICE OF MOTION,
AND MOTION, TO COMPEL
14 RANDY LEE HALBERT, a natural person; HALBERT?’S INITIAL RESPONSES, TO
MORTGAGE ELECTRONIC DEEM FACTS ADMITTED, AND FOR
15 REGISTRATION SYSTEMS, INC., a SANCTIONS
Delaware Corporation; and DOES 1-100
16 inclusive, SUIT FILED: MAY 16, 2023
17
Defendants. HEARING DATE: AUG 24, 2023
18 TIME: 380 AM.
DEPT: 3
19
CMC: SEP. 11, 2023
20
21 TO ALL PARTIES AND THEIR ATTORNEYS-OF-RECORD IN THIS ACTION:
22 PLEASE TAKE NOTICE THAT on August 24, 2023 at 8:30 A.M., or as soon as the
23 matter may be heard, in Department 3 of this Court, located at 10820 Justice Center Drive,
24 Roseville, CA 95678, Plaintiff Jenna Kathleen Eunice (<\ Plaintiff’), will and do, move for an
25 Order—(1) compelling Halbert’s initial responses to Plaintiff's First Set of Requests for Production,
26 Numbers 1-17; Plaintiffs First Set of Special Interrogatories, Numbers 1-24; and Form
27 Interrogatories, (2) deeming Plaintiffs First Set of Requests for Admission, Numbers 1-30, to
28 Defendant Randy Halbert (“Halbert”) admitted, and (3), for reimbursement/sanctions against
Vv
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PLAINTIFF’S NOTICE OF MOTION, AND MOTION, TO COMPEL HALBERT’S INITIAL RESPONSES,
TO DEEM FACTS ADMITTED, AND FOR SANCTIONS
Halbert in the amount of no less than $4,440.00—under Code of Civil Procedure sections
2 2020.030, 2023.010, 2030.010 et seq., 2031.010 et seq., and 2033.010 et seq.
The Motion will be based on this Notice of Motion and Motion, the Declaration of}
Giavanna DePrima and its Exhibits, the Memorandum of Points and Authorities, any Reply that
may be filed, the files and records of this action, and any oral argument at the hearing of this
Motion.
NOTICE OF TENTATIVE RULING SYSTEM
Under California Rule of Court 3.1308, subdivision (a) \/ 1))s and Placer County Superior
Court Local Rule 20.2.3, the court will make a tentative ruling on the merits of this matter on the
10 court day before the hearing. The complete text of the tentative rulings for the department may be
ll downloaded off the court’s website, https://www.placer.courts.ca.gov. Ifthe party does not have
12 online access, the tentative ruling will be available after 12:00 noon as an audio recording accessible
13 at the phone number (916)-408-6480.
14 Unless a party who desires to be heard calls the department clerk and opposing counsel
15 before 4:00 p.m. on the court day before the hearing, and notifies the clerk that such party has
16 informed the other side of its intention to appear under the instructions on the court’s website at
17 https://www.placer.courts.ca.gov, then the tentative ruling will become the ruling of the court and
18 no hearing will be held. Where appearance has been requested by counsel or invited by the court,
19 limited argument will be entertained.
20
21 DATED: July 31, 2023 Respectfully submitted,
22
23
24
By:
25 Giavanna DePrima
UNDERWOOD LAW FIRM, P.C.
26
Attorneys for Plaintiff
27
28
Vv
2.
PLAINTIFF’S NOTICE OF MOTION, AND MOTION, TO COMPEL HALBERT’S INITIAL RESPONSES,
TO DEEM FACTS ADMITTED, AND FOR SANCTIONS
Case Name: EUNICE v. HALBERT
Court: PLACER COUNTY SUPERIOR COURT
2 Case No.: S-CV-0050542
PROOF OF SERVICE
Tam over 18 years of age, not a party to the above-entitled action, and am employed in the
County of Sacramento. My business address is 428 J Street, Fourth Floor, Sacramento, California
95814.
On July 31, 2023, I served the following:
e PLAINTIFF’S NOTICE OF MOTION, AND MOTION, TO COMPEL|
10 HALBERT’S INITIAL RESPONSES, TO DEEM FACTS ADMITTED, AND
SACTIONS
11
12
bd via Express Mail, by placing the above in a FedEx envelope with fees pre-paid, and
13 depositing it in a box or other facility maintained by FedEx, per CCP § 1013(c),
14
on the parties to this action at the addresses indicated below:
15
16 Randy Lee Halbert Defendant
6041 Kingwood Circle
17
Rocklin, GA 95677
18
I declare under penalty of perjury under the laws of the State of California that the above is
19 true and correct and that this Declaration is executed at Sacramento, California.
20
21
22 Whi
0 GALINA GONZALES
23
24
25
26
27
28
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PLAINTIFF’S NOTICE OF MOTION, AND MOTION, TO COMPEL HALBERT’S INITIAL RESPONSES,
TO DEEM FACTS ADMITTED, AND FOR SANCTIONS
Preview
ELECTRONICALLY FILED Superior Court of California, County of Placer Elijah Underwood, SBN 267665 07/31/2023 at 06:50:34 PM Giavanna DePrima, SBN 243455 By: Laurel L Sanders 2 UNDERWOOD LAW FIRM, P.C Deputy Clerk 428 J Street, Fourth Floor Sacramento, CA 95814 Phone: 916.318.8000 eli@underwood.law gia(@underwood. law Attorneys for Plaintiff Jenna Kathleen Eunice THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA PLACER COUNTY—UNLIMITED JURISDICTION 10 JENNA KATHLEEN EUNICE, a natural CASE NO: S-CV-0050542 person; 11 ASSIGNED TO: 12 Plaintiff, THE HON. MICHAEL JONES 13 vs. PLAINTIFF’S NOTICE OF MOTION, AND MOTION, TO COMPEL 14 RANDY LEE HALBERT, a natural person; HALBERT?’S INITIAL RESPONSES, TO MORTGAGE ELECTRONIC DEEM FACTS ADMITTED, AND FOR 15 REGISTRATION SYSTEMS, INC., a SANCTIONS Delaware Corporation; and DOES 1-100 16 inclusive, SUIT FILED: MAY 16, 2023 17 Defendants. HEARING DATE: AUG 24, 2023 18 TIME: 380 AM. DEPT: 3 19 CMC: SEP. 11, 2023 20 21 TO ALL PARTIES AND THEIR ATTORNEYS-OF-RECORD IN THIS ACTION: 22 PLEASE TAKE NOTICE THAT on August 24, 2023 at 8:30 A.M., or as soon as the 23 matter may be heard, in Department 3 of this Court, located at 10820 Justice Center Drive, 24 Roseville, CA 95678, Plaintiff Jenna Kathleen Eunice (<\ Plaintiff’), will and do, move for an 25 Order—(1) compelling Halbert’s initial responses to Plaintiff's First Set of Requests for Production, 26 Numbers 1-17; Plaintiffs First Set of Special Interrogatories, Numbers 1-24; and Form 27 Interrogatories, (2) deeming Plaintiffs First Set of Requests for Admission, Numbers 1-30, to 28 Defendant Randy Halbert (“Halbert”) admitted, and (3), for reimbursement/sanctions against Vv -l- PLAINTIFF’S NOTICE OF MOTION, AND MOTION, TO COMPEL HALBERT’S INITIAL RESPONSES, TO DEEM FACTS ADMITTED, AND FOR SANCTIONS Halbert in the amount of no less than $4,440.00—under Code of Civil Procedure sections 2 2020.030, 2023.010, 2030.010 et seq., 2031.010 et seq., and 2033.010 et seq. The Motion will be based on this Notice of Motion and Motion, the Declaration of} Giavanna DePrima and its Exhibits, the Memorandum of Points and Authorities, any Reply that may be filed, the files and records of this action, and any oral argument at the hearing of this Motion. NOTICE OF TENTATIVE RULING SYSTEM Under California Rule of Court 3.1308, subdivision (a) \/ 1))s and Placer County Superior Court Local Rule 20.2.3, the court will make a tentative ruling on the merits of this matter on the 10 court day before the hearing. The complete text of the tentative rulings for the department may be ll downloaded off the court’s website, https://www.placer.courts.ca.gov. Ifthe party does not have 12 online access, the tentative ruling will be available after 12:00 noon as an audio recording accessible 13 at the phone number (916)-408-6480. 14 Unless a party who desires to be heard calls the department clerk and opposing counsel 15 before 4:00 p.m. on the court day before the hearing, and notifies the clerk that such party has 16 informed the other side of its intention to appear under the instructions on the court’s website at 17 https://www.placer.courts.ca.gov, then the tentative ruling will become the ruling of the court and 18 no hearing will be held. Where appearance has been requested by counsel or invited by the court, 19 limited argument will be entertained. 20 21 DATED: July 31, 2023 Respectfully submitted, 22 23 24 By: 25 Giavanna DePrima UNDERWOOD LAW FIRM, P.C. 26 Attorneys for Plaintiff 27 28 Vv 2. PLAINTIFF’S NOTICE OF MOTION, AND MOTION, TO COMPEL HALBERT’S INITIAL RESPONSES, TO DEEM FACTS ADMITTED, AND FOR SANCTIONS Case Name: EUNICE v. HALBERT Court: PLACER COUNTY SUPERIOR COURT 2 Case No.: S-CV-0050542 PROOF OF SERVICE Tam over 18 years of age, not a party to the above-entitled action, and am employed in the County of Sacramento. My business address is 428 J Street, Fourth Floor, Sacramento, California 95814. On July 31, 2023, I served the following: e PLAINTIFF’S NOTICE OF MOTION, AND MOTION, TO COMPEL| 10 HALBERT’S INITIAL RESPONSES, TO DEEM FACTS ADMITTED, AND SACTIONS 11 12 bd via Express Mail, by placing the above in a FedEx envelope with fees pre-paid, and 13 depositing it in a box or other facility maintained by FedEx, per CCP § 1013(c), 14 on the parties to this action at the addresses indicated below: 15 16 Randy Lee Halbert Defendant 6041 Kingwood Circle 17 Rocklin, GA 95677 18 I declare under penalty of perjury under the laws of the State of California that the above is 19 true and correct and that this Declaration is executed at Sacramento, California. 20 21 22 Whi 0 GALINA GONZALES 23 24 25 26 27 28 Vv -3- PLAINTIFF’S NOTICE OF MOTION, AND MOTION, TO COMPEL HALBERT’S INITIAL RESPONSES, TO DEEM FACTS ADMITTED, AND FOR SANCTIONS