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1 MATTHEW R. SILVER, SBN 245528 Exempt from filing fees pursuant to
MSilver@SilverWrightLaw.com Government Code section 6103.
VALERIE D. ESCALANTE TROESH, SBN 281 386
VEscalanteTroesh@SilverWrightLaw.com
AMANDA R. JONES, SBN 194607 F a L t D
SUPERIOR COURT 0F CALIFORNIA
AJones@SilverWrightLaw.com COUNTY 0F SAN BERNARDINO
SILVER & WRIGHT LLP SAN BERNARmNo DISTRICT
3 Corporate Park, Suite 100
Irvine, California 92606 DEC 2 8 2029
OOOOVONUl-PUJN
Phone: 949-385-6431
Fax: 949-385-6428
Attorneys for Plaintiff 4%(0RIA M mm”. Io. nFPt :Tv
City of Chino
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
1 1
12 CITY OF CHINO, a California municipal Case Number: CIVDSl931489
corporation, Action Filed: October 21 2019 ,
13
PLAINTIFF CITY OF CHINO’S NOTICE
14 Plaintiff, OF MOTION AND MOTION TO COMPEL
FURTHER DISCOVERY RESPONSES
15 v. FROM DEFEDANTS GH DAIRY, FIRST
CHOICE READY MIX, AND ROBIN
16 GH DAIRY; BARTH AND FOR SANCTIONS
FIRST CHOICE READY MIX, a California
17 Corporation;
ROBIN BARTH, an individual; and [Filed Concurrently with:
18 DOES through 50, inclusive,
1 1. Memorandum of Points and Authorities.
2. Declaration of Amanda R. Jones.
19 3. Separate Statement for Defendant GH
Dairy’s Discovery Responses.
20 Defendants. 4 Separate Statement for Defendant First
Choice Ready Mix’s Discovery Responses.
21
U’I
Separate Statement for Defendant Robin
Barth’s Discovery Responses.
22 6. [Proposed] Order.
7. Proof of Service.]
23
Hearing
24 Date: January 27, 2021
Time: 9:00 a.m.
25 Dept: S22
26
27
28
PLAINTIFF CITY OF CHINO’S MOTION TO COMPEL FURTHER DISCOVERY RESPONSES AND FOR SANCTIONS
PLAINTIFF CITY OF CHINO’S NOTICE OF MOTION AND MOTION TO COMPEL
FURTHER DISCOVERY RESPONSES FROM DEFENDANTS GH DAIRY, FIRST CHOICE
READY MIX AND ROBIN BARTH AND FOR SANCTIONS
NOTICE IS HEREBY GIVEN that on January 27, 2021, at 9:00 a.m., or as soon thereafter as
heard, in Department $22 of the Superior Court, County of San Bemardino, located at 247 West
may be
Third Street, San Bemardino, CA 92415, Plaintiff City of Chino (“City”) will, and hereby does, move
the Court to compel Defendants GH Dairy, First Choice Ready Mix, and Robin Barth (“Defendants”) t0
provide further discovery responses t0 specific categories of the City’s Requests for
Admissions (Set
Form Interrogatories (Set No. the City’s Special Interrogatories (Set N0. l), and
N0. 1), the City’s 1),
the City’s Requests for Production 0f Documents (Set N0. 1) (“RFPs”) (collectively, “the City’s
Discovery”).
This Motion is based on Code of Civil Procedure (“CCP”) sections 2023.010(d), 2023.010(e),
2023.010(f), 2023.020, 2023.030(a), 2030.220(a), 2030.220(b), 2030.300(a)(1), 2030.300(a)(3),
2030.300(d), 2031.300(b), 2031.300(c), 2033.290(a), 2033.290(d), and is made 0n the grounds that
Defendants’ responses t0 the City’s Discovery—al] properly within the scope of discovery under CCP
objections.
section 2017.010 and clear—are non-responsive, evasive, and contain meritless boilerplate
The City attempted to meet and confer with Defendants to find a resolution on Defendants’
further discovery responses, but all efforts were rebuffed at setting up an appropriate meet and confer as
the City sought t0 try to avoid this Motion.
The City further moves for an order imposing monetary sanctions against Defendants and their
attorneys in favor of the City in the amount of $14,302.20 pursuant to CCP sections 2023.020,
2023.030(a), 2030.300(d), 2031 .300(c), and 2033.290(d) for Defendants’ failure to
meet and confer on
their deficient discovery responses, Defendants” misuse of the discovery process, Defendants’ evasive
meritless objections, and Defendants” failure to produce any
discovery responses, Defendants’
documents in response to the City’s RFPs.
This Motion is based on this Notice of Motion, the Memorandum of Points and Authorities, the
Declaration of Attorney Amanda R. Jones, the Separate Statement for Defendant GH Dairy’s Discovery
PLAINTIFF CITY OF CHINO’S MOTION TO COMPEL FURTHER DISCOVERY RESPONSES AND FOR SANCTIONS
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1 MATTHEW R. SILVER, SBN 245528 Exempt from filing fees pursuant to MSilver@SilverWrightLaw.com Government Code section 6103. VALERIE D. ESCALANTE TROESH, SBN 281 386 VEscalanteTroesh@SilverWrightLaw.com AMANDA R. JONES, SBN 194607 F a L t D SUPERIOR COURT 0F CALIFORNIA AJones@SilverWrightLaw.com COUNTY 0F SAN BERNARDINO SILVER & WRIGHT LLP SAN BERNARmNo DISTRICT 3 Corporate Park, Suite 100 Irvine, California 92606 DEC 2 8 2029 OOOOVONUl-PUJN Phone: 949-385-6431 Fax: 949-385-6428 Attorneys for Plaintiff 4%(0RIA M mm”. Io. nFPt :Tv City of Chino SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 1 1 12 CITY OF CHINO, a California municipal Case Number: CIVDSl931489 corporation, Action Filed: October 21 2019 , 13 PLAINTIFF CITY OF CHINO’S NOTICE 14 Plaintiff, OF MOTION AND MOTION TO COMPEL FURTHER DISCOVERY RESPONSES 15 v. FROM DEFEDANTS GH DAIRY, FIRST CHOICE READY MIX, AND ROBIN 16 GH DAIRY; BARTH AND FOR SANCTIONS FIRST CHOICE READY MIX, a California 17 Corporation; ROBIN BARTH, an individual; and [Filed Concurrently with: 18 DOES through 50, inclusive, 1 1. Memorandum of Points and Authorities. 2. Declaration of Amanda R. Jones. 19 3. Separate Statement for Defendant GH Dairy’s Discovery Responses. 20 Defendants. 4 Separate Statement for Defendant First Choice Ready Mix’s Discovery Responses. 21 U’I Separate Statement for Defendant Robin Barth’s Discovery Responses. 22 6. [Proposed] Order. 7. Proof of Service.] 23 Hearing 24 Date: January 27, 2021 Time: 9:00 a.m. 25 Dept: S22 26 27 28 PLAINTIFF CITY OF CHINO’S MOTION TO COMPEL FURTHER DISCOVERY RESPONSES AND FOR SANCTIONS PLAINTIFF CITY OF CHINO’S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER DISCOVERY RESPONSES FROM DEFENDANTS GH DAIRY, FIRST CHOICE READY MIX AND ROBIN BARTH AND FOR SANCTIONS NOTICE IS HEREBY GIVEN that on January 27, 2021, at 9:00 a.m., or as soon thereafter as heard, in Department $22 of the Superior Court, County of San Bemardino, located at 247 West may be Third Street, San Bemardino, CA 92415, Plaintiff City of Chino (“City”) will, and hereby does, move the Court to compel Defendants GH Dairy, First Choice Ready Mix, and Robin Barth (“Defendants”) t0 provide further discovery responses t0 specific categories of the City’s Requests for Admissions (Set Form Interrogatories (Set No. the City’s Special Interrogatories (Set N0. l), and N0. 1), the City’s 1), the City’s Requests for Production 0f Documents (Set N0. 1) (“RFPs”) (collectively, “the City’s Discovery”). This Motion is based on Code of Civil Procedure (“CCP”) sections 2023.010(d), 2023.010(e), 2023.010(f), 2023.020, 2023.030(a), 2030.220(a), 2030.220(b), 2030.300(a)(1), 2030.300(a)(3), 2030.300(d), 2031.300(b), 2031.300(c), 2033.290(a), 2033.290(d), and is made 0n the grounds that Defendants’ responses t0 the City’s Discovery—al] properly within the scope of discovery under CCP objections. section 2017.010 and clear—are non-responsive, evasive, and contain meritless boilerplate The City attempted to meet and confer with Defendants to find a resolution on Defendants’ further discovery responses, but all efforts were rebuffed at setting up an appropriate meet and confer as the City sought t0 try to avoid this Motion. The City further moves for an order imposing monetary sanctions against Defendants and their attorneys in favor of the City in the amount of $14,302.20 pursuant to CCP sections 2023.020, 2023.030(a), 2030.300(d), 2031 .300(c), and 2033.290(d) for Defendants’ failure to meet and confer on their deficient discovery responses, Defendants” misuse of the discovery process, Defendants’ evasive meritless objections, and Defendants” failure to produce any discovery responses, Defendants’ documents in response to the City’s RFPs. This Motion is based on this Notice of Motion, the Memorandum of Points and Authorities, the Declaration of Attorney Amanda R. Jones, the Separate Statement for Defendant GH Dairy’s Discovery PLAINTIFF CITY OF CHINO’S MOTION TO COMPEL FURTHER DISCOVERY RESPONSES AND FOR SANCTIONS