On February 10, 2023 a
Party Discovery
was filed
involving a dispute between
Saenz Cortez Jr., Luis,
and
Does 1 Through 100, Inclusive,
Mendez, Arturo,
for Auto PI/PD/WD Unlimited
in the District Court of San Bernardino County.
Preview
MELISSA M. THOM (SBN 189300) L E D
“ I
comm 0F CAM FORNIA
MASTAGNI HOLSTEDT, APC )R
sucpgmw 0F SAN BERNA$QEYO
I
ms .,
1912 I Street SAN BERNAano
Sacramento, California 95811
Telephone: (916) 446-4692
MAY 2 6 2923
Facsimile: (916) 447-4614
Email: Mthom@mastagni.com BY Wicmm
CRYSTN.
V
K. D’AMICO. DEPUTY
Attorneys for Plaintiff,
LUIS SAENZ CORTEZ,
\OOONQUIAWN
JR.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
10
11
LUIS SAENZ CORTEZ, JR., Case No.: CIVSB2300604
12
Plaintiff,
MEMORANDUM OF POINTS AND
13
vs.
AUTHORITIES IN SUPPORT OF
PLAINTIFF’SMOTION TO COMPEL
14
ARTURO MENDEZ; and DOES 1 through DEFENDANT ARTURO MENDEZ TO
1 00, inclusive, PROVIDE RESPONSES TO REQUEST
15
FOR PRODUCTION OF DOCUMENTS,
Defendants. SET ONE AND REQUEST FOR
16
SANCTIONS
17
DATE: August 16, 2023
18 TIME: 8:30 a.m.
DEPT.: 824
19
20
21
22
23
24 Plaintiff LUIS SAENZ CORTEZ, JR. (hereinafier “Plaintiff”) hereby submits the
25 following Memorandum of Points and Authorities in Support of their Motion to Compel
26 Defendant Arturo Mendez (hereinafter “Defendant”) to produce documents identified in
Plaintiff’s Request for Production of Documents, Set One.
27
///
28
Page l of 5
PLAINTIFF’S MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION, SET ONE
I. INTRODUCTION
Plaintiff seeks an order from the Court compelling the following from Defendant:
(1) Service of verified responses, without objections, to Plaintiff’s Request for Production of
A Documents, Set One, pursuant to CCP §§ 203 1 .010 and 2031.300(a).
(2) An Order pursuant to California Code 0f Civil Procedure 2023.010(d) and 2031.300(0),
and California Rules of Court, Rule 3.1348 requiring Defendant to pay Plaintiff his reasonable
expenses, including attomeys’ fees and filing costs, incurred in obtaining these orders in the
\OMQONUI
amount of $1,460, as set forth in the declaration of Melissa M. Thom accompanying this motion,
filed in accordance with California Code of Civil Procedure §2023.040.
10 The basis of Plaintiff’s motion is that despite being properly served written discovery,
11 Defendant has refused to provide any documents sought by way of written discovery, all of which
12 are relevant to the subject matter of this action and are reasonably calculated to lead to the
13 discovery of admissible evidence. This type of discovery misconduct warrants the
14 aforementioned discovery orders including an order requiring Defendant to pay monetary
15 sanctions by Plaintiff.
16 II. STATEMENT OF FACTS
17 On March 13, 2023, Plaintiff’s counsel served Request for Production of Documents, Set
18 One, on Defendant. (Declaration of Melissa M. Thom (“Thom Decl.”), 112.) These responses were
19 originally due on April 17, 2023. (Thom Decl. 113.)
20 Defendant Arturo Mendez has not served any response to the first set of Request for
21 Production of Documents or sought any extensions. (Thom Decl. 1H.)
22 On April 27, 2023, Plaintiffs counsel sent correspondence to Defendant Arturo Mendez to
23 meet and confer regarding Defendant’s failure to respond to the first set of Request for Production
24 of Documents. Plaintiff’s counsel has received no response from Defendant. (Thorn Decl. {[115 &
25 6.)
26 Given that neither Defendant has provided any response to plaintiff’s discovery 0r offered
27 any valid and admissible evidence sufficient to support a motion for relief from waiver pursuant to
28 California Code of Civil Procedure § 2030.290, Plaintiff’s counsel was compelled to bn'ng this
Page 2 of 5
PLAINTIFF’S MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION, SET ONE
Document Filed Date
May 26, 2023
Case Filing Date
February 10, 2023
Category
Auto PI/PD/WD Unlimited
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MELISSA M. THOM (SBN 189300) L E D “ I comm 0F CAM FORNIA MASTAGNI HOLSTEDT, APC )R sucpgmw 0F SAN BERNA$QEYO I ms ., 1912 I Street SAN BERNAano Sacramento, California 95811 Telephone: (916) 446-4692 MAY 2 6 2923 Facsimile: (916) 447-4614 Email: Mthom@mastagni.com BY Wicmm CRYSTN. V K. D’AMICO. DEPUTY Attorneys for Plaintiff, LUIS SAENZ CORTEZ, \OOONQUIAWN JR. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 10 11 LUIS SAENZ CORTEZ, JR., Case No.: CIVSB2300604 12 Plaintiff, MEMORANDUM OF POINTS AND 13 vs. AUTHORITIES IN SUPPORT OF PLAINTIFF’SMOTION TO COMPEL 14 ARTURO MENDEZ; and DOES 1 through DEFENDANT ARTURO MENDEZ TO 1 00, inclusive, PROVIDE RESPONSES TO REQUEST 15 FOR PRODUCTION OF DOCUMENTS, Defendants. SET ONE AND REQUEST FOR 16 SANCTIONS 17 DATE: August 16, 2023 18 TIME: 8:30 a.m. DEPT.: 824 19 20 21 22 23 24 Plaintiff LUIS SAENZ CORTEZ, JR. (hereinafier “Plaintiff”) hereby submits the 25 following Memorandum of Points and Authorities in Support of their Motion to Compel 26 Defendant Arturo Mendez (hereinafter “Defendant”) to produce documents identified in Plaintiff’s Request for Production of Documents, Set One. 27 /// 28 Page l of 5 PLAINTIFF’S MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION, SET ONE I. INTRODUCTION Plaintiff seeks an order from the Court compelling the following from Defendant: (1) Service of verified responses, without objections, to Plaintiff’s Request for Production of A Documents, Set One, pursuant to CCP §§ 203 1 .010 and 2031.300(a). (2) An Order pursuant to California Code 0f Civil Procedure 2023.010(d) and 2031.300(0), and California Rules of Court, Rule 3.1348 requiring Defendant to pay Plaintiff his reasonable expenses, including attomeys’ fees and filing costs, incurred in obtaining these orders in the \OMQONUI amount of $1,460, as set forth in the declaration of Melissa M. Thom accompanying this motion, filed in accordance with California Code of Civil Procedure §2023.040. 10 The basis of Plaintiff’s motion is that despite being properly served written discovery, 11 Defendant has refused to provide any documents sought by way of written discovery, all of which 12 are relevant to the subject matter of this action and are reasonably calculated to lead to the 13 discovery of admissible evidence. This type of discovery misconduct warrants the 14 aforementioned discovery orders including an order requiring Defendant to pay monetary 15 sanctions by Plaintiff. 16 II. STATEMENT OF FACTS 17 On March 13, 2023, Plaintiff’s counsel served Request for Production of Documents, Set 18 One, on Defendant. (Declaration of Melissa M. Thom (“Thom Decl.”), 112.) These responses were 19 originally due on April 17, 2023. (Thom Decl. 113.) 20 Defendant Arturo Mendez has not served any response to the first set of Request for 21 Production of Documents or sought any extensions. (Thom Decl. 1H.) 22 On April 27, 2023, Plaintiffs counsel sent correspondence to Defendant Arturo Mendez to 23 meet and confer regarding Defendant’s failure to respond to the first set of Request for Production 24 of Documents. Plaintiff’s counsel has received no response from Defendant. (Thorn Decl. {[115 & 25 6.) 26 Given that neither Defendant has provided any response to plaintiff’s discovery 0r offered 27 any valid and admissible evidence sufficient to support a motion for relief from waiver pursuant to 28 California Code of Civil Procedure § 2030.290, Plaintiff’s counsel was compelled to bn'ng this Page 2 of 5 PLAINTIFF’S MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION, SET ONE