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
V V
SUPER|OR CO
F SAN BERN ARD‘NO
DISTRICT
9531;:- SNARYNNO
MELISSA M. THOM (SBN 189300)
MASTAGNI HOLSTEDT, APC MAY 2 6 2023
1912 I Street
‘
{I ’
Sacramento, California 95811 ‘4‘
L Y
Telephone: (916) 446-4692 cRysT L K D'AMICO, DEPUTY
Facsimile; (916) 447-4614
Email: Mthom@mastagni.com
Attorneys for Plaintiff,
LUIS SAENZ CORTEZ, JR.
\DOOQQ
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
10
11
LUIS SAENZ CORTEZ, JR., Case No.2 CIVSB2300604
12
Plamtlff’
'
" ‘
DECLARATION 0F MELISSA M. THOM
13
~
1N SUPPORT 0F PLAINTIFF’S MOTION
VS. -
v
To COMPEL DEFENDANT ARTURO
14
ARTURO MENDEz; and Dogs 1 through MENDEz To PROVIDE RESPONSES To
100, inclusive, SPECIAL INTERROGATORIES, SET ONE
15 - ~
. [CCP § 2030.210; 2030.290(b)]; AND FOR
Defendants SANCTIONS AGAINST DEFENDANT
16
[CCP §§ 2023.010(d); 2023.030; 2030.290(c);
17 CRC 3.1348]
18 DATE: August 16, 2023
TIME: 8:30 a.m.
19 DEPT.: $24
20
21
22
1. I am an attorney, duly licensed t0 practice law within the State of California,
employed as an attorney at Mastagni Holstedt, A.P.C., the attorneys of record for the plaintiffs in
23
this action. I submit this declaration in support of plaintiff’s notice of motion and motion to
24
compel defendant Alturo Mendez (hereinafier “Defendant”) to provide responses to Special
25
Interrogatories, Set One. Except where set forth on information and belief, the matters set forth
26
27
herein are true and correct 0f my own knowledge and if called as a witness, I could, and would,
testify competently thereto.
28
Page 1 of 3
DECLARATION IN SUPPORT OF MOTION TO COMPEL DEFENDANT’S RESPONSES TO SPECIAL
INTERROGATORIES
V V
A. Facts And Documents In Support Of Plaintiff’s Motion to Compel.
2. On March 13, 2023, my office served the written discovery, Special
Interrogatories, Set One, with declaration for additional discovery pursuant to California Code of
Civil Procedure § 2030.030 on Defendant. Attached as Exhibit 1 is a true and correct copy of the
discovery request served by my office on Defendant on March 13, 2023.
3. Responses to this discovery were originally due on or about April 17, 2023.
4. Defendant Arturo Mendez has not served any response to the first set of Special
\OOOQON
Interrogatories or sought any extensions.
5. On April 27, 2023, I sent correspondence to Defendant Arturo Mendez to meet and
10 confer regarding Defendant’s failure to respond to the first set of Special Interrogatories. I have
11 received no response from Defendant.
12 6. Attached as Exhibit 2 is a true and correct copy of the meet and confer
13 correspondence to Defendant Arturo Mendez regarding the overdue discovery responses.
14 7. Given that neither Defendant has provided any response to plaintiff’s discovery or
15 offered any valid and admissible evidence sufficient to support a motion for relief from waiver
16 pursuant to California Code of Civil Procedure § 2030.290, I was compelled to bring this motion.
17
18 B. Facts Supporting Monetary Sanctions Pursuant to California Code of Civil
19 Procedure § 2023.040.
20 8. Ihave been admitted to practice before the California State Bar since June 1997. I
21 am also admitted to appear before the Central Federal District Courts.
22 9. I have extensive experience representing both plaintiffs and defendants across a
23 variety of matters including, but not limited to, personal injury cases, such as this action.
24 Additionally, I have brought and defended against attorneys’ fee motions in both state and federal
25 throughout California.
26 10. For purposes of calculating attorney’s fees in this action, I have determined a
27 reasonable hourly rate based on my familiarity with the customary billing rates of attorneys 0f
28 similar experience and skill in the State of California, and, more specifically, this region. As such,
Page 2 0f 3
DECLARATION IN SUPPORT OF MOTION TO COMPEL DEFENDANT’S RESPONSES TO SPECIAL
INTERROGATORIES
Document Filed Date
May 26, 2023
Case Filing Date
February 10, 2023
Category
Auto PI/PD/WD Unlimited
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V V SUPER|OR CO F SAN BERN ARD‘NO DISTRICT 9531;:- SNARYNNO MELISSA M. THOM (SBN 189300) MASTAGNI HOLSTEDT, APC MAY 2 6 2023 1912 I Street ‘ {I ’ Sacramento, California 95811 ‘4‘ L Y Telephone: (916) 446-4692 cRysT L K D'AMICO, DEPUTY Facsimile; (916) 447-4614 Email: Mthom@mastagni.com Attorneys for Plaintiff, LUIS SAENZ CORTEZ, JR. \DOOQQ SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 10 11 LUIS SAENZ CORTEZ, JR., Case No.2 CIVSB2300604 12 Plamtlff’ ' " ‘ DECLARATION 0F MELISSA M. THOM 13 ~ 1N SUPPORT 0F PLAINTIFF’S MOTION VS. - v To COMPEL DEFENDANT ARTURO 14 ARTURO MENDEz; and Dogs 1 through MENDEz To PROVIDE RESPONSES To 100, inclusive, SPECIAL INTERROGATORIES, SET ONE 15 - ~ . [CCP § 2030.210; 2030.290(b)]; AND FOR Defendants SANCTIONS AGAINST DEFENDANT 16 [CCP §§ 2023.010(d); 2023.030; 2030.290(c); 17 CRC 3.1348] 18 DATE: August 16, 2023 TIME: 8:30 a.m. 19 DEPT.: $24 20 21 22 1. I am an attorney, duly licensed t0 practice law within the State of California, employed as an attorney at Mastagni Holstedt, A.P.C., the attorneys of record for the plaintiffs in 23 this action. I submit this declaration in support of plaintiff’s notice of motion and motion to 24 compel defendant Alturo Mendez (hereinafier “Defendant”) to provide responses to Special 25 Interrogatories, Set One. Except where set forth on information and belief, the matters set forth 26 27 herein are true and correct 0f my own knowledge and if called as a witness, I could, and would, testify competently thereto. 28 Page 1 of 3 DECLARATION IN SUPPORT OF MOTION TO COMPEL DEFENDANT’S RESPONSES TO SPECIAL INTERROGATORIES V V A. Facts And Documents In Support Of Plaintiff’s Motion to Compel. 2. On March 13, 2023, my office served the written discovery, Special Interrogatories, Set One, with declaration for additional discovery pursuant to California Code of Civil Procedure § 2030.030 on Defendant. Attached as Exhibit 1 is a true and correct copy of the discovery request served by my office on Defendant on March 13, 2023. 3. Responses to this discovery were originally due on or about April 17, 2023. 4. Defendant Arturo Mendez has not served any response to the first set of Special \OOOQON Interrogatories or sought any extensions. 5. On April 27, 2023, I sent correspondence to Defendant Arturo Mendez to meet and 10 confer regarding Defendant’s failure to respond to the first set of Special Interrogatories. I have 11 received no response from Defendant. 12 6. Attached as Exhibit 2 is a true and correct copy of the meet and confer 13 correspondence to Defendant Arturo Mendez regarding the overdue discovery responses. 14 7. Given that neither Defendant has provided any response to plaintiff’s discovery or 15 offered any valid and admissible evidence sufficient to support a motion for relief from waiver 16 pursuant to California Code of Civil Procedure § 2030.290, I was compelled to bring this motion. 17 18 B. Facts Supporting Monetary Sanctions Pursuant to California Code of Civil 19 Procedure § 2023.040. 20 8. Ihave been admitted to practice before the California State Bar since June 1997. I 21 am also admitted to appear before the Central Federal District Courts. 22 9. I have extensive experience representing both plaintiffs and defendants across a 23 variety of matters including, but not limited to, personal injury cases, such as this action. 24 Additionally, I have brought and defended against attorneys’ fee motions in both state and federal 25 throughout California. 26 10. For purposes of calculating attorney’s fees in this action, I have determined a 27 reasonable hourly rate based on my familiarity with the customary billing rates of attorneys 0f 28 similar experience and skill in the State of California, and, more specifically, this region. As such, Page 2 0f 3 DECLARATION IN SUPPORT OF MOTION TO COMPEL DEFENDANT’S RESPONSES TO SPECIAL INTERROGATORIES