Preview
1 CHRISTOPHER E. HASKELL, State Bar No. 126745
SHANNON DENATALE BOYD, State Bar No. 273574
2 PRICE, POSTEL & PARMA LLP
200 East Carrillo Street, Fourth Floor
3 Santa Barbara, California 93101
4 Telephone: (805) 962-0011
Facsimile: (805) 965-3978
5 ceh@ppplaw.com, sdb@ppplaw.com
6 Attorneys for Plaintiff
STORKE RANCH MASTER ASSOCIATION
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SANTA BARBARA - ANACAPA DIVISION
10
11 STORKE RANCH MASTER ASSOCIATION, Case No.: 22CV02623
A California Nonprofit Mutual Benefit
12 Corporation, Assigned to the Hon. Colleen K. Sterne
13 Plaintiff, SEPARATE STATEMENT IN SUPPORT
OF MOTION FOR ISSUE AND
14 vs. MONETARY SANCTIONS [CRC 3.1345]
15 JANICE BILOTTI, Individually and as Trustee [Filed concurrently with Notice Of Motion
of the Janice Bilotti Revocable Trust Dated And Motion for Issue and Monetary Sanctions,
16 May 19, 2005, and DOES 1-50, inclusive, Declaration Of Christopher E. Haskell;
Proposed Order]
17
Defendants. Date: October 16, 2023
18 Time: 10:00 a.m.
Dept: 5
19
20
21 Plaintiff Storke Ranch Master Association submits the following Separate Statement,
22 pursuant to California Rule of Court 3.1345(a)(7), in support of its Motion for Issue and Monetary
23 Sanctions against Defendant Janice Bilotti, Individually and as Trustee of the Janice Bilotti
24 Revocable Trust Dated May 19, 2005 (“Defendant”).
25 DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE
26 DEFINITIONS
27 1. “DOCUMENT”, “WRITING” and “WRITINGS” shall have the same meaning as
28 is contained in California Evidence Code Section 250 and include, but is not limited to, any and
PRICE, POSTEL
& PARMA LLP
SANTA BARBARA, CA SEPARATE STATEMENT IN SUPPORT OF MOTION FOR ISSUE AND MONETARY SANCTIONS
1 all forms of tangible expression such as typed or handwritten notes, photographs, surveys,
2 spreadsheets, recordings, correspondence, letters, orders, Purchase Orders, e-mails, texts, instant
3 messages, voice mails, bills and invoices, checks, receipts and all other tangible written matter,
4 however it may be, or have been, created, maintained or stored. To the extent that a WRITING
5 differs from other copies or originals of the same by reason of notations, comments, deletions,
6 markings or other differences, the WRITING shall be deemed a separate document. A WRITING
7 shall include not only any information which exists or is maintained electronically, but also any
8 paper or other copies of electronically stored information, in any tangible or intangible form.
9 Electronically stored information should be produced in native format with all metadata intact.
10 2. “COMMUNICATIONS” mean any and all direct and/or indirect transmission or
11 exchange of information between two or more individuals and/or entities, whether or not reduced
12 to writing, including, without limitation, any conversation or discussion, whether face-to-face, by
13 means of mail, telephone, telegraph, text messages, telecopies, electronic mail or any other
14 medium of communication.
15 3. As used in these requests, the term “RELATED TO” shall mean and refer
16 discussing, mentioning, pertaining to, assessing, constituting, embodying, recording, stating,
17 concerning, identifying, reflecting or summarizing.
18 4. As used in these requests, the term “JANICE BILOTTI” shall mean and refer to
19 shall mean and refer to Janice Bilotti, and any persons acting or purporting to act for any purpose
20 on her behalf, and shall be construed either disjunctively or conjunctively as necessary to bring
21 within the scope of the requested information that which might otherwise be construed to be outside
22 of its scope.
23 5. As used in these requests, the term “STORKE RANCH” shall mean and refer to
24 Storke Ranch Master Association, and any persons acting or purporting to act for any purpose on
25 its behalf, and shall be construed either disjunctively or conjunctively as necessary to bring within
26 the scope of the requested information that which might otherwise be construed to be outside of its
27 scope.
28 6. As used in these requests, the term “PROPERTY” shall mean and refer to 6838
PRICE, POSTEL
& PARMA LLP
SANTA BARBARA, CA SEPARATE STATEMENT IN SUPPORT OF MOTION FOR ISSUE AND MONETARY SANCTIONS
1 Silkberry Lane, Goleta, California, 93117, APN 073-490-06-00-2.
2 7. As used in these requests, the term “CITY” shall mean and refer to the City of Goleta
3 located in California.
4 8. As used in these requests, the term “LEASE AGREEMENT(S)” shall mean and
5 refer to all agreements for renting or otherwise residing at the PROPERTY, including any portion
6 thereof, regardless of whether the document is titled lease, rental agreement, or something else.
7 REQUEST FOR PRODUCTION NO. 14:
8 Any and all LEASE AGREEMENTS for the PROPERTY from January 1, 2006 to the
9 present.
10 ORIGINAL RESPONSE TO REQUEST FOR PRODUCTION NO. 14 (JANUARY 3, 2023):
11 14. Has been misplaced
12 COURT ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL (JULY 10, 2023):
13 The Court’s July 10, 2023 order granted, among other things, Plaintiff’s Motion to Compel
14 Further Responses to Request for Production of Documents, Set One, in its entirety. At page 9 of
15 the Notice of Ruling, the Court makes the following order:
16 “The motion to compel further response to the RFPs will be granted. To the extent
that defendant is unable to comply with any of the particular requests, she is
17 reminded: ‘A representation of an inability to comply with the particular demand for
inspection, copying, testing, or sampling shall affirm that a diligent search and a
18 reasonable inquiry has been made in an effort to comply with that demand. This
19 statement shall also specify whether the inability to comply is because the particular
item or category has never existed, has been destroyed, has been lost, misplaced, or
20 stolen, or has never been, or is no longer, in the possession, custody, or control of the
responding party. The statement shall set forth the names and addresses of any natural
21 person or organization known or believed by that party to have possession, custody,
or control of that item or category of item.’ (Code of Civ. Proc., § 2031.230.) Further,
22 defendant must attach a code compliant verification to her responses pursuant to Code
23 of Civil Procedure section 2031.250, subdivision (a).”
24 (Emphasis added.)
25 FURTHER RESPONSE TO REQUEST FOR PRODUCTION NO. 14 (JULY 31, 2023):
26 Lease agreements from January 1, 2006 to present have been lost, misplaced or no longer
27 in my possession.
28 ///
PRICE, POSTEL
& PARMA LLP
SANTA BARBARA, CA SEPARATE STATEMENT IN SUPPORT OF MOTION FOR ISSUE AND MONETARY SANCTIONS
1 REASON FURTHER RESPONSE IS REQUIRED:
2 Plaintiff, a homeowners’ association, brought this lawsuit against Defendant, a homeowner,
3 on July 11, 2022, alleging the following causes of action: (1) breach of contract/CC&Rs; (2)
4 negligence; (3) declaratory relief; (4) breach of implied covenant of good faith and fair dealing; and
5 (5) injunctive relief. Haskell Dec., ¶ 2. Defendant owns the residential, 3-bedroom real property
6 located at 6838 Silkberry Lane. Complaint ¶¶ 5, 6. As a member of Plaintiff homeowner
7 association, Defendant is subject to and must follow the CC&Rs. Complaint ¶¶ 4, 5, Ex. 1, 2. Article
8 V, Section 5.02(a) of the applicable CC&Rs, states that “[T]he number of persons residing in a
9 Residence shall not exceed two persons per bedroom plus one extra occupant.” This request sought
10 leases, which if produced would establish how many residents occupied the Property at a single
11 time.
12 Pursuant to Code Civil Procedure section 2031.010(a), any party may obtain discovery by
13 inspecting, copying, testing, or sampling land or other property in the possession, custody, or control
14 of any other party to the action. Defendant’s July 31, 2023 response fails to comply with the
15 provisions of Code of Civil Procedure section 2031.210(a)(2), which requires a party representing
16 an inability to comply with a demand to do as follows:
17 A representation of inability to comply with the particular demand for inspection,
copying, testing, or sampling shall affirm that a diligent search and a reasonable
18 inquiry has been made in an effort to comply with that demand. This statement shall
also specify whether the inability to comply is because the particular item or category
19
has never existed, has been destroyed, has been lost, misplaced, or stolen, or has
20 never been, or is no longer, in the possession, custody, or control of the responding
party. The statement shall set forth the name and address of any natural person or
21 organization known or believed by that party to have possession, custody, or
control of that item or category of item.
22
23 Code of Civ. Proc. § 2031.230. Defendant’s July 31, 2023 response further fails to comply
24 with the Court’s July 10, 2023 order granting, among other things, Plaintiff’s Motion to Compel
25 Further Responses to Production of Documents. At page 9 of the Notice of Ruling, the Court makes
26 the following order:
27
28
PRICE, POSTEL
& PARMA LLP
SANTA BARBARA, CA SEPARATE STATEMENT IN SUPPORT OF MOTION FOR ISSUE AND MONETARY SANCTIONS
1 “The motion to compel further response to the RFPs will be granted. To the extent
that defendant is unable to comply with any of the particular requests, she is
2 reminded: ‘A representation of an inability to comply with the particular demand for
inspection, copying, testing, or sampling shall affirm that a diligent search and a
3 reasonable inquiry has been made in an effort to comply with that demand. This
4 statement shall also specify whether the inability to comply is because the particular
item or category has never existed, has been destroyed, has been lost, misplaced, or
5 stolen, or has never been, or is no longer, in the possession, custody, or control of the
responding party. The statement shall set forth the names and addresses of any
6 natural person or organization known or believed by that party to have possession,
custody, or control of that item or category of item.’ (Code of Civ. Proc., §
7 2031.230.) Further, defendant must attach a code compliant verification to her
8 responses pursuant to Code of Civil Procedure section 2031.250, subdivision (a).”
9 (Emphasis added.)
10 Compliance is particularly important for the following reasons. First, the party must verify,
11 under oath, that they actually made a diligent search and reasonable inquiry, rather than just stating
12 the documents are “lost, misplaced or no longer in my possession”. Importantly Defendant fails to
13 state whether the documents are still under her “control”, meaning whether there is a third party
14 whom she could direct to provide her with the requested documents. Second, the party must set forth
15 the names and addresses of those whom the party knows or believes may have possession, custody,
16 or control of the items. This would allow Plaintiff to pursue a subpoena or at least reach out
17 informally to obtain information.
18 Plaintiff alleges that Defendant exceeded the maximum residential occupancy restrictions
19 by renting out portions of her 3-bedroom home to as many as 10 to 20 students at a time. Complaint
20 ¶¶ 20-24. The documents sought are relevant to this litigation and might reasonably assist Plaintiff
21 in evaluating the case, preparing for trial, or even facilitating settlement. Gonzalez v. Sup.Ct. (City
22 of San Fernando) (1995) 33 Cal.App.4th 1539, 1546 (citing text); Lipton v. Sup.Ct. (Lawyers' Mut.
23 Ins. Co.) (1996) 48 Cal.App.4th 1599, 1611, (citing text); Stewart v. Colonial Western Agency, Inc.
24 (2001) 87 Cal.App.4th 1006, 1013 (citing text). No privileges have been asserted and none exist
25 with respect to the documents being sought. The requests for production will lead to admissible
26 evidence or, at the very least, are certainly reasonably calculated to lead to the discovery of
27 admissible evidence. Accordingly, the requirements of Code of Civil Procedure section 2017.010
28 have been satisfied.
PRICE, POSTEL
& PARMA LLP
SANTA BARBARA, CA SEPARATE STATEMENT IN SUPPORT OF MOTION FOR ISSUE AND MONETARY SANCTIONS
1 Finally, there is good cause justifying the requests for production. Code Civ. Proc. §
2 2031.310(b)(1). Plaintiff’s causes of action allege specific facts including allegations that Defendant
3 exceeded the maximum residential occupancy restrictions by renting out portions of her 3-bedroom
4 home to as many as 10 to 20 students at a time. Complaint ¶¶ 20-24. Plaintiff’s document requests
5 are all targeted at seeking evidence of the facts underlying these allegations. Good cause clearly
6 exists here.
7 On August 8, 2023, Plaintiff sent a letter to Defendant, informing her of the very deficiencies
8 identified above. In response, Defendant simply stated she had provided all of the documents in her
9 possession. At this point, it is clear that Defendant is refusing to comply with the Court’s order and
10 issue and monetary sanctions are warranted.
11 REQUEST FOR PRODUCTION NO. 15:
12 Any and all COMMUNICATIONS with PROPERTY tenants from January 1, 2006 to the
13 present.
14 ORIGINAL RESPONSE TO REQUEST FOR PRODUCTION NO. 15 (JANUARY 3, 2023):
15 15. Has been misplaced
16 COURT ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL (JULY 10, 2023):
17 The Court’s July 10, 2023 order granted, among other things, Plaintiff’s Motion to Compel
18 Further Responses to Request for Production of Documents, Set One, in its entirety. At page 9 of
19 the Notice of Ruling, the Court makes the following order:
20 “The motion to compel further response to the RFPs will be granted. To the extent
that defendant is unable to comply with any of the particular requests, she is
21 reminded: ‘A representation of an inability to comply with the particular demand for
inspection, copying, testing, or sampling shall affirm that a diligent search and a
22 reasonable inquiry has been made in an effort to comply with that demand. This
23 statement shall also specify whether the inability to comply is because the particular
item or category has never existed, has been destroyed, has been lost, misplaced, or
24 stolen, or has never been, or is no longer, in the possession, custody, or control of the
responding party. The statement shall set forth the names and addresses of any natural
25 person or organization known or believed by that party to have possession, custody,
or control of that item or category of item.’ (Code of Civ. Proc., § 2031.230.) Further,
26 defendant must attach a code compliant verification to her responses pursuant to Code
27 of Civil Procedure section 2031.250, subdivision (a).”
28 (Emphasis added.)
PRICE, POSTEL
& PARMA LLP
SANTA BARBARA, CA SEPARATE STATEMENT IN SUPPORT OF MOTION FOR ISSUE AND MONETARY SANCTIONS
1 FURTHER RESPONSE TO REQUEST FOR PRODUCTION NO. 15 (JULY 31, 2023):
2 Objection. The information has been lost, Misplaced, and is no longer in defendants
3 possession. [sic]
4 REASON FURTHER RESPONSE IS REQUIRED:
5 Plaintiff, a homeowners’ association, brought this lawsuit against Defendant, a homeowner,
6 on July 11, 2022, alleging the following causes of action: (1) breach of contract/CC&Rs; (2)
7 negligence; (3) declaratory relief; (4) breach of implied covenant of good faith and fair dealing; and
8 (5) injunctive relief. Haskell Dec., ¶ 2. Defendant owns the residential, 3-bedroom real property
9 located at 6838 Silkberry Lane. Complaint ¶¶ 5, 6. As a member of Plaintiff homeowner
10 association, Defendant is subject to and must follow the CC&Rs. Complaint ¶¶ 4, 5, Ex. 1, 2. Article
11 V, Section 5.02(a) of the applicable CC&Rs, states that “[T]he number of persons residing in a
12 Residence shall not exceed two persons per bedroom plus one extra occupant.” This request sought
13 leases, which if produced would establish how many residents occupied the Property at a single
14 time.
15 Pursuant to Code Civil Procedure section 2031.010(a), any party may obtain discovery by
16 inspecting, copying, testing, or sampling land or other property in the possession, custody, or control
17 of any other party to the action. Defendant’s July 31, 2023 response fails to comply with the
18 provisions of Code of Civil Procedure section 2031.210(a)(2), which requires a party representing
19 an inability to comply with a demand to do as follows:
20 A representation of inability to comply with the particular demand for inspection,
copying, testing, or sampling shall affirm that a diligent search and a reasonable
21 inquiry has been made in an effort to comply with that demand. This statement shall
also specify whether the inability to comply is because the particular item or category
22
has never existed, has been destroyed, has been lost, misplaced, or stolen, or has
23 never been, or is no longer, in the possession, custody, or control of the responding
party. The statement shall set forth the name and address of any natural person or
24 organization known or believed by that party to have possession, custody, or
control of that item or category of item.
25
26 Code of Civ. Proc. § 2031.230. Defendant’s July 31, 2023 response further fails to comply
27 with the Court’s July 10, 2023 order granting, among other things, Plaintiff’s Motion to Compel
28
PRICE, POSTEL
& PARMA LLP
SANTA BARBARA, CA SEPARATE STATEMENT IN SUPPORT OF MOTION FOR ISSUE AND MONETARY SANCTIONS
1 Further Responses to Production of Documents. At page 9 of the Notice of Ruling, the Court makes
2 the following order:
3 “The motion to compel further response to the RFPs will be granted. To the extent
that defendant is unable to comply with any of the particular requests, she is
4 reminded: ‘A representation of an inability to comply with the particular demand for
inspection, copying, testing, or sampling shall affirm that a diligent search and a
5 reasonable inquiry has been made in an effort to comply with that demand. This
6 statement shall also specify whether the inability to comply is because the particular
item or category has never existed, has been destroyed, has been lost, misplaced, or
7 stolen, or has never been, or is no longer, in the possession, custody, or control of the
responding party. The statement shall set forth the names and addresses of any
8 natural person or organization known or believed by that party to have possession,
custody, or control of that item or category of item.’ (Code of Civ. Proc., §
9 2031.230.) Further, defendant must attach a code compliant verification to her
10 responses pursuant to Code of Civil Procedure section 2031.250, subdivision (a).”
11 (Emphasis added.)
12 Compliance is particularly important for the following reasons. First, the party must verify,
13 under oath, that they actually made a diligent search and reasonable inquiry, rather than just stating
14 the documents are “lost, misplaced or no longer in my possession”. Importantly Defendant fails to
15 state whether the documents are still under her “control”, meaning whether there is a third party
16 whom she could direct to provide her with the requested documents. Second, the party must set forth
17 the names and addresses of those whom the party knows or believes may have possession, custody,
18 or control of the items. This would allow Plaintiff to pursue a subpoena or at least reach out
19 informally to obtain information.
20 Plaintiff alleges that Defendant exceeded the maximum residential occupancy restrictions
21 by renting out portions of her 3-bedroom home to as many as 10 to 20 students at a time. Complaint
22 ¶¶ 20-24. The documents sought are relevant to this litigation and might reasonably assist Plaintiff
23 in evaluating the case, preparing for trial, or even facilitating settlement. Gonzalez v. Sup.Ct. (City
24 of San Fernando) (1995) 33 Cal.App.4th 1539, 1546 (citing text); Lipton v. Sup.Ct. (Lawyers' Mut.
25 Ins. Co.) (1996) 48 Cal.App.4th 1599, 1611, (citing text); Stewart v. Colonial Western Agency, Inc.
26 (2001) 87 Cal.App.4th 1006, 1013 (citing text). No privileges have been asserted and none exist
27 with respect to the documents being sought. The requests for production will lead to admissible
28 evidence or, at the very least, are certainly reasonably calculated to lead to the discovery of
PRICE, POSTEL
& PARMA LLP
SANTA BARBARA, CA SEPARATE STATEMENT IN SUPPORT OF MOTION FOR ISSUE AND MONETARY SANCTIONS
1 admissible evidence. Accordingly, the requirements of Code of Civil Procedure section 2017.010
2 have been satisfied.
3 Finally, there is good cause justifying the requests for production. Code Civ. Proc. §
4 2031.310(b)(1). Plaintiff’s causes of action allege specific facts including allegations that Defendant
5 exceeded the maximum residential occupancy restrictions by renting out portions of her 3-bedroom
6 home to as many as 10 to 20 students at a time. Complaint ¶¶ 20-24. Plaintiff’s document requests
7 are all targeted at seeking evidence of the facts underlying these allegations. Good cause clearly
8 exists here.
9 On August 8, 2023, Plaintiff sent a letter to Defendant, informing her of the very deficiencies
10 identified above. In response, Defendant simply stated she had provided all of the documents in her
11 possession. At this point, it is clear that Defendant is refusing to comply with the Court’s order and
12 issue and monetary sanctions are warranted.
13
Respectfully submitted,
14 Dated: September 5, 2023
PRICE, POSTEL & PARMA LLP
15
16
17 By:______________________________
CHRISTOPHER E. HASKELL
18 Attorneys for Plaintiff
19
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28
PRICE, POSTEL
& PARMA LLP
SANTA BARBARA, CA SEPARATE STATEMENT IN SUPPORT OF MOTION FOR ISSUE AND MONETARY SANCTIONS
PROOF OF SERVICE
1
STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA
2
I am employed in the County of Santa Barbara, State of California. I am over the age of
3 eighteen (18) and not a party to the within action. My business address is 200 East Carrillo Street,
Fourth Floor, Santa Barbara, California 93101.
4
On September 5, 2023, I served the foregoing document described as SEPARATE
5 STATEMENT IN SUPPORT OF MOTION FOR ISSUE AND MONETARY SANCTIONS
[CRC 3.1345] on all interested parties in this action by the original and/or true copy thereof
6 enclosed in sealed envelopes, addressed as follows:
7 Janice Bilotti
6838 Silkberry Lane
8 Goleta, CA 93117
majesticmedicalservices@gmail.com
9
BY MAIL: I placed the original and/or true copy in a sealed envelope addressed as
10 indicated herein. I am readily familiar with the firm’s practice of collection and
processing documents for mailing. It is deposited with the U.S. postal service on that
11 same day in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if the postal cancellation date or postage meter date is
12 more than one day after the date of deposit for mailing in affidavit.
13 BY PERSONAL DELIVERY: I personally delivered the original and/or true copy in a
sealed envelope addressed as indicated herein.
14
BY OVERNIGHT DELIVERY: I placed the original and/or true copy in a sealed, fully
15 prepaid FedEx, Next Day Air envelope addressed as indicated herein, which is picked up
by FedEx on that same day in the ordinary course of business.
16
BY FACSIMILE: Based on an agreement of the parties to accept service by fax
17 transmission, I faxed the referenced document(s) from fax number (805) 967-3978 at
[insert time] to the person(s) indicated herein at the fax number(s) indicated herein. No
18 error was reported by the fax machine that I used. A copy of the record of the fax
transmission, which I printed out, is attached.
19
BY E-MAIL: I caused to be e-mailed a true copy to the e-mail addresses listed herein.
20
(STATE) I declare under penalty of perjury under the laws of the State of California that
21 the foregoing is true and correct.
22 (FEDERAL) I hereby certify that I am employed in the office of a member of the Bar of
this Court at whose direction the service was made.
23
24 Executed on September 5, 2023, at Santa Barbara, California.
25
26
Aeria Bolden
Signature
27 Aeria Bolden
28
PRICE, POSTEL
& PARMA LLP
SANTA BARBARA, CA
Preview
1 CHRISTOPHER E. HASKELL, State Bar No. 126745 SHANNON DENATALE BOYD, State Bar No. 273574 2 PRICE, POSTEL & PARMA LLP 200 East Carrillo Street, Fourth Floor 3 Santa Barbara, California 93101 4 Telephone: (805) 962-0011 Facsimile: (805) 965-3978 5 ceh@ppplaw.com, sdb@ppplaw.com 6 Attorneys for Plaintiff STORKE RANCH MASTER ASSOCIATION 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SANTA BARBARA - ANACAPA DIVISION 10 11 STORKE RANCH MASTER ASSOCIATION, Case No.: 22CV02623 A California Nonprofit Mutual Benefit 12 Corporation, Assigned to the Hon. Colleen K. Sterne 13 Plaintiff, SEPARATE STATEMENT IN SUPPORT OF MOTION FOR ISSUE AND 14 vs. MONETARY SANCTIONS [CRC 3.1345] 15 JANICE BILOTTI, Individually and as Trustee [Filed concurrently with Notice Of Motion of the Janice Bilotti Revocable Trust Dated And Motion for Issue and Monetary Sanctions, 16 May 19, 2005, and DOES 1-50, inclusive, Declaration Of Christopher E. Haskell; Proposed Order] 17 Defendants. Date: October 16, 2023 18 Time: 10:00 a.m. Dept: 5 19 20 21 Plaintiff Storke Ranch Master Association submits the following Separate Statement, 22 pursuant to California Rule of Court 3.1345(a)(7), in support of its Motion for Issue and Monetary 23 Sanctions against Defendant Janice Bilotti, Individually and as Trustee of the Janice Bilotti 24 Revocable Trust Dated May 19, 2005 (“Defendant”). 25 DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE 26 DEFINITIONS 27 1. “DOCUMENT”, “WRITING” and “WRITINGS” shall have the same meaning as 28 is contained in California Evidence Code Section 250 and include, but is not limited to, any and PRICE, POSTEL & PARMA LLP SANTA BARBARA, CA SEPARATE STATEMENT IN SUPPORT OF MOTION FOR ISSUE AND MONETARY SANCTIONS 1 all forms of tangible expression such as typed or handwritten notes, photographs, surveys, 2 spreadsheets, recordings, correspondence, letters, orders, Purchase Orders, e-mails, texts, instant 3 messages, voice mails, bills and invoices, checks, receipts and all other tangible written matter, 4 however it may be, or have been, created, maintained or stored. To the extent that a WRITING 5 differs from other copies or originals of the same by reason of notations, comments, deletions, 6 markings or other differences, the WRITING shall be deemed a separate document. A WRITING 7 shall include not only any information which exists or is maintained electronically, but also any 8 paper or other copies of electronically stored information, in any tangible or intangible form. 9 Electronically stored information should be produced in native format with all metadata intact. 10 2. “COMMUNICATIONS” mean any and all direct and/or indirect transmission or 11 exchange of information between two or more individuals and/or entities, whether or not reduced 12 to writing, including, without limitation, any conversation or discussion, whether face-to-face, by 13 means of mail, telephone, telegraph, text messages, telecopies, electronic mail or any other 14 medium of communication. 15 3. As used in these requests, the term “RELATED TO” shall mean and refer 16 discussing, mentioning, pertaining to, assessing, constituting, embodying, recording, stating, 17 concerning, identifying, reflecting or summarizing. 18 4. As used in these requests, the term “JANICE BILOTTI” shall mean and refer to 19 shall mean and refer to Janice Bilotti, and any persons acting or purporting to act for any purpose 20 on her behalf, and shall be construed either disjunctively or conjunctively as necessary to bring 21 within the scope of the requested information that which might otherwise be construed to be outside 22 of its scope. 23 5. As used in these requests, the term “STORKE RANCH” shall mean and refer to 24 Storke Ranch Master Association, and any persons acting or purporting to act for any purpose on 25 its behalf, and shall be construed either disjunctively or conjunctively as necessary to bring within 26 the scope of the requested information that which might otherwise be construed to be outside of its 27 scope. 28 6. As used in these requests, the term “PROPERTY” shall mean and refer to 6838 PRICE, POSTEL & PARMA LLP SANTA BARBARA, CA SEPARATE STATEMENT IN SUPPORT OF MOTION FOR ISSUE AND MONETARY SANCTIONS 1 Silkberry Lane, Goleta, California, 93117, APN 073-490-06-00-2. 2 7. As used in these requests, the term “CITY” shall mean and refer to the City of Goleta 3 located in California. 4 8. As used in these requests, the term “LEASE AGREEMENT(S)” shall mean and 5 refer to all agreements for renting or otherwise residing at the PROPERTY, including any portion 6 thereof, regardless of whether the document is titled lease, rental agreement, or something else. 7 REQUEST FOR PRODUCTION NO. 14: 8 Any and all LEASE AGREEMENTS for the PROPERTY from January 1, 2006 to the 9 present. 10 ORIGINAL RESPONSE TO REQUEST FOR PRODUCTION NO. 14 (JANUARY 3, 2023): 11 14. Has been misplaced 12 COURT ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL (JULY 10, 2023): 13 The Court’s July 10, 2023 order granted, among other things, Plaintiff’s Motion to Compel 14 Further Responses to Request for Production of Documents, Set One, in its entirety. At page 9 of 15 the Notice of Ruling, the Court makes the following order: 16 “The motion to compel further response to the RFPs will be granted. To the extent that defendant is unable to comply with any of the particular requests, she is 17 reminded: ‘A representation of an inability to comply with the particular demand for inspection, copying, testing, or sampling shall affirm that a diligent search and a 18 reasonable inquiry has been made in an effort to comply with that demand. This 19 statement shall also specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or 20 stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party. The statement shall set forth the names and addresses of any natural 21 person or organization known or believed by that party to have possession, custody, or control of that item or category of item.’ (Code of Civ. Proc., § 2031.230.) Further, 22 defendant must attach a code compliant verification to her responses pursuant to Code 23 of Civil Procedure section 2031.250, subdivision (a).” 24 (Emphasis added.) 25 FURTHER RESPONSE TO REQUEST FOR PRODUCTION NO. 14 (JULY 31, 2023): 26 Lease agreements from January 1, 2006 to present have been lost, misplaced or no longer 27 in my possession. 28 /// PRICE, POSTEL & PARMA LLP SANTA BARBARA, CA SEPARATE STATEMENT IN SUPPORT OF MOTION FOR ISSUE AND MONETARY SANCTIONS 1 REASON FURTHER RESPONSE IS REQUIRED: 2 Plaintiff, a homeowners’ association, brought this lawsuit against Defendant, a homeowner, 3 on July 11, 2022, alleging the following causes of action: (1) breach of contract/CC&Rs; (2) 4 negligence; (3) declaratory relief; (4) breach of implied covenant of good faith and fair dealing; and 5 (5) injunctive relief. Haskell Dec., ¶ 2. Defendant owns the residential, 3-bedroom real property 6 located at 6838 Silkberry Lane. Complaint ¶¶ 5, 6. As a member of Plaintiff homeowner 7 association, Defendant is subject to and must follow the CC&Rs. Complaint ¶¶ 4, 5, Ex. 1, 2. Article 8 V, Section 5.02(a) of the applicable CC&Rs, states that “[T]he number of persons residing in a 9 Residence shall not exceed two persons per bedroom plus one extra occupant.” This request sought 10 leases, which if produced would establish how many residents occupied the Property at a single 11 time. 12 Pursuant to Code Civil Procedure section 2031.010(a), any party may obtain discovery by 13 inspecting, copying, testing, or sampling land or other property in the possession, custody, or control 14 of any other party to the action. Defendant’s July 31, 2023 response fails to comply with the 15 provisions of Code of Civil Procedure section 2031.210(a)(2), which requires a party representing 16 an inability to comply with a demand to do as follows: 17 A representation of inability to comply with the particular demand for inspection, copying, testing, or sampling shall affirm that a diligent search and a reasonable 18 inquiry has been made in an effort to comply with that demand. This statement shall also specify whether the inability to comply is because the particular item or category 19 has never existed, has been destroyed, has been lost, misplaced, or stolen, or has 20 never been, or is no longer, in the possession, custody, or control of the responding party. The statement shall set forth the name and address of any natural person or 21 organization known or believed by that party to have possession, custody, or control of that item or category of item. 22 23 Code of Civ. Proc. § 2031.230. Defendant’s July 31, 2023 response further fails to comply 24 with the Court’s July 10, 2023 order granting, among other things, Plaintiff’s Motion to Compel 25 Further Responses to Production of Documents. At page 9 of the Notice of Ruling, the Court makes 26 the following order: 27 28 PRICE, POSTEL & PARMA LLP SANTA BARBARA, CA SEPARATE STATEMENT IN SUPPORT OF MOTION FOR ISSUE AND MONETARY SANCTIONS 1 “The motion to compel further response to the RFPs will be granted. To the extent that defendant is unable to comply with any of the particular requests, she is 2 reminded: ‘A representation of an inability to comply with the particular demand for inspection, copying, testing, or sampling shall affirm that a diligent search and a 3 reasonable inquiry has been made in an effort to comply with that demand. This 4 statement shall also specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or 5 stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party. The statement shall set forth the names and addresses of any 6 natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item.’ (Code of Civ. Proc., § 7 2031.230.) Further, defendant must attach a code compliant verification to her 8 responses pursuant to Code of Civil Procedure section 2031.250, subdivision (a).” 9 (Emphasis added.) 10 Compliance is particularly important for the following reasons. First, the party must verify, 11 under oath, that they actually made a diligent search and reasonable inquiry, rather than just stating 12 the documents are “lost, misplaced or no longer in my possession”. Importantly Defendant fails to 13 state whether the documents are still under her “control”, meaning whether there is a third party 14 whom she could direct to provide her with the requested documents. Second, the party must set forth 15 the names and addresses of those whom the party knows or believes may have possession, custody, 16 or control of the items. This would allow Plaintiff to pursue a subpoena or at least reach out 17 informally to obtain information. 18 Plaintiff alleges that Defendant exceeded the maximum residential occupancy restrictions 19 by renting out portions of her 3-bedroom home to as many as 10 to 20 students at a time. Complaint 20 ¶¶ 20-24. The documents sought are relevant to this litigation and might reasonably assist Plaintiff 21 in evaluating the case, preparing for trial, or even facilitating settlement. Gonzalez v. Sup.Ct. (City 22 of San Fernando) (1995) 33 Cal.App.4th 1539, 1546 (citing text); Lipton v. Sup.Ct. (Lawyers' Mut. 23 Ins. Co.) (1996) 48 Cal.App.4th 1599, 1611, (citing text); Stewart v. Colonial Western Agency, Inc. 24 (2001) 87 Cal.App.4th 1006, 1013 (citing text). No privileges have been asserted and none exist 25 with respect to the documents being sought. The requests for production will lead to admissible 26 evidence or, at the very least, are certainly reasonably calculated to lead to the discovery of 27 admissible evidence. Accordingly, the requirements of Code of Civil Procedure section 2017.010 28 have been satisfied. PRICE, POSTEL & PARMA LLP SANTA BARBARA, CA SEPARATE STATEMENT IN SUPPORT OF MOTION FOR ISSUE AND MONETARY SANCTIONS 1 Finally, there is good cause justifying the requests for production. Code Civ. Proc. § 2 2031.310(b)(1). Plaintiff’s causes of action allege specific facts including allegations that Defendant 3 exceeded the maximum residential occupancy restrictions by renting out portions of her 3-bedroom 4 home to as many as 10 to 20 students at a time. Complaint ¶¶ 20-24. Plaintiff’s document requests 5 are all targeted at seeking evidence of the facts underlying these allegations. Good cause clearly 6 exists here. 7 On August 8, 2023, Plaintiff sent a letter to Defendant, informing her of the very deficiencies 8 identified above. In response, Defendant simply stated she had provided all of the documents in her 9 possession. At this point, it is clear that Defendant is refusing to comply with the Court’s order and 10 issue and monetary sanctions are warranted. 11 REQUEST FOR PRODUCTION NO. 15: 12 Any and all COMMUNICATIONS with PROPERTY tenants from January 1, 2006 to the 13 present. 14 ORIGINAL RESPONSE TO REQUEST FOR PRODUCTION NO. 15 (JANUARY 3, 2023): 15 15. Has been misplaced 16 COURT ORDER GRANTING PLAINTIFF’S MOTION TO COMPEL (JULY 10, 2023): 17 The Court’s July 10, 2023 order granted, among other things, Plaintiff’s Motion to Compel 18 Further Responses to Request for Production of Documents, Set One, in its entirety. At page 9 of 19 the Notice of Ruling, the Court makes the following order: 20 “The motion to compel further response to the RFPs will be granted. To the extent that defendant is unable to comply with any of the particular requests, she is 21 reminded: ‘A representation of an inability to comply with the particular demand for inspection, copying, testing, or sampling shall affirm that a diligent search and a 22 reasonable inquiry has been made in an effort to comply with that demand. This 23 statement shall also specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or 24 stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party. The statement shall set forth the names and addresses of any natural 25 person or organization known or believed by that party to have possession, custody, or control of that item or category of item.’ (Code of Civ. Proc., § 2031.230.) Further, 26 defendant must attach a code compliant verification to her responses pursuant to Code 27 of Civil Procedure section 2031.250, subdivision (a).” 28 (Emphasis added.) PRICE, POSTEL & PARMA LLP SANTA BARBARA, CA SEPARATE STATEMENT IN SUPPORT OF MOTION FOR ISSUE AND MONETARY SANCTIONS 1 FURTHER RESPONSE TO REQUEST FOR PRODUCTION NO. 15 (JULY 31, 2023): 2 Objection. The information has been lost, Misplaced, and is no longer in defendants 3 possession. [sic] 4 REASON FURTHER RESPONSE IS REQUIRED: 5 Plaintiff, a homeowners’ association, brought this lawsuit against Defendant, a homeowner, 6 on July 11, 2022, alleging the following causes of action: (1) breach of contract/CC&Rs; (2) 7 negligence; (3) declaratory relief; (4) breach of implied covenant of good faith and fair dealing; and 8 (5) injunctive relief. Haskell Dec., ¶ 2. Defendant owns the residential, 3-bedroom real property 9 located at 6838 Silkberry Lane. Complaint ¶¶ 5, 6. As a member of Plaintiff homeowner 10 association, Defendant is subject to and must follow the CC&Rs. Complaint ¶¶ 4, 5, Ex. 1, 2. Article 11 V, Section 5.02(a) of the applicable CC&Rs, states that “[T]he number of persons residing in a 12 Residence shall not exceed two persons per bedroom plus one extra occupant.” This request sought 13 leases, which if produced would establish how many residents occupied the Property at a single 14 time. 15 Pursuant to Code Civil Procedure section 2031.010(a), any party may obtain discovery by 16 inspecting, copying, testing, or sampling land or other property in the possession, custody, or control 17 of any other party to the action. Defendant’s July 31, 2023 response fails to comply with the 18 provisions of Code of Civil Procedure section 2031.210(a)(2), which requires a party representing 19 an inability to comply with a demand to do as follows: 20 A representation of inability to comply with the particular demand for inspection, copying, testing, or sampling shall affirm that a diligent search and a reasonable 21 inquiry has been made in an effort to comply with that demand. This statement shall also specify whether the inability to comply is because the particular item or category 22 has never existed, has been destroyed, has been lost, misplaced, or stolen, or has 23 never been, or is no longer, in the possession, custody, or control of the responding party. The statement shall set forth the name and address of any natural person or 24 organization known or believed by that party to have possession, custody, or control of that item or category of item. 25 26 Code of Civ. Proc. § 2031.230. Defendant’s July 31, 2023 response further fails to comply 27 with the Court’s July 10, 2023 order granting, among other things, Plaintiff’s Motion to Compel 28 PRICE, POSTEL & PARMA LLP SANTA BARBARA, CA SEPARATE STATEMENT IN SUPPORT OF MOTION FOR ISSUE AND MONETARY SANCTIONS 1 Further Responses to Production of Documents. At page 9 of the Notice of Ruling, the Court makes 2 the following order: 3 “The motion to compel further response to the RFPs will be granted. To the extent that defendant is unable to comply with any of the particular requests, she is 4 reminded: ‘A representation of an inability to comply with the particular demand for inspection, copying, testing, or sampling shall affirm that a diligent search and a 5 reasonable inquiry has been made in an effort to comply with that demand. This 6 statement shall also specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or 7 stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party. The statement shall set forth the names and addresses of any 8 natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item.’ (Code of Civ. Proc., § 9 2031.230.) Further, defendant must attach a code compliant verification to her 10 responses pursuant to Code of Civil Procedure section 2031.250, subdivision (a).” 11 (Emphasis added.) 12 Compliance is particularly important for the following reasons. First, the party must verify, 13 under oath, that they actually made a diligent search and reasonable inquiry, rather than just stating 14 the documents are “lost, misplaced or no longer in my possession”. Importantly Defendant fails to 15 state whether the documents are still under her “control”, meaning whether there is a third party 16 whom she could direct to provide her with the requested documents. Second, the party must set forth 17 the names and addresses of those whom the party knows or believes may have possession, custody, 18 or control of the items. This would allow Plaintiff to pursue a subpoena or at least reach out 19 informally to obtain information. 20 Plaintiff alleges that Defendant exceeded the maximum residential occupancy restrictions 21 by renting out portions of her 3-bedroom home to as many as 10 to 20 students at a time. Complaint 22 ¶¶ 20-24. The documents sought are relevant to this litigation and might reasonably assist Plaintiff 23 in evaluating the case, preparing for trial, or even facilitating settlement. Gonzalez v. Sup.Ct. (City 24 of San Fernando) (1995) 33 Cal.App.4th 1539, 1546 (citing text); Lipton v. Sup.Ct. (Lawyers' Mut. 25 Ins. Co.) (1996) 48 Cal.App.4th 1599, 1611, (citing text); Stewart v. Colonial Western Agency, Inc. 26 (2001) 87 Cal.App.4th 1006, 1013 (citing text). No privileges have been asserted and none exist 27 with respect to the documents being sought. The requests for production will lead to admissible 28 evidence or, at the very least, are certainly reasonably calculated to lead to the discovery of PRICE, POSTEL & PARMA LLP SANTA BARBARA, CA SEPARATE STATEMENT IN SUPPORT OF MOTION FOR ISSUE AND MONETARY SANCTIONS 1 admissible evidence. Accordingly, the requirements of Code of Civil Procedure section 2017.010 2 have been satisfied. 3 Finally, there is good cause justifying the requests for production. Code Civ. Proc. § 4 2031.310(b)(1). Plaintiff’s causes of action allege specific facts including allegations that Defendant 5 exceeded the maximum residential occupancy restrictions by renting out portions of her 3-bedroom 6 home to as many as 10 to 20 students at a time. Complaint ¶¶ 20-24. Plaintiff’s document requests 7 are all targeted at seeking evidence of the facts underlying these allegations. Good cause clearly 8 exists here. 9 On August 8, 2023, Plaintiff sent a letter to Defendant, informing her of the very deficiencies 10 identified above. In response, Defendant simply stated she had provided all of the documents in her 11 possession. At this point, it is clear that Defendant is refusing to comply with the Court’s order and 12 issue and monetary sanctions are warranted. 13 Respectfully submitted, 14 Dated: September 5, 2023 PRICE, POSTEL & PARMA LLP 15 16 17 By:______________________________ CHRISTOPHER E. HASKELL 18 Attorneys for Plaintiff 19 20 21 22 23 24 25 26 27 28 PRICE, POSTEL & PARMA LLP SANTA BARBARA, CA SEPARATE STATEMENT IN SUPPORT OF MOTION FOR ISSUE AND MONETARY SANCTIONS PROOF OF SERVICE 1 STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA 2 I am employed in the County of Santa Barbara, State of California. I am over the age of 3 eighteen (18) and not a party to the within action. My business address is 200 East Carrillo Street, Fourth Floor, Santa Barbara, California 93101. 4 On September 5, 2023, I served the foregoing document described as SEPARATE 5 STATEMENT IN SUPPORT OF MOTION FOR ISSUE AND MONETARY SANCTIONS [CRC 3.1345] on all interested parties in this action by the original and/or true copy thereof 6 enclosed in sealed envelopes, addressed as follows: 7 Janice Bilotti 6838 Silkberry Lane 8 Goleta, CA 93117 majesticmedicalservices@gmail.com 9 BY MAIL: I placed the original and/or true copy in a sealed envelope addressed as 10 indicated herein. I am readily familiar with the firm’s practice of collection and processing documents for mailing. It is deposited with the U.S. postal service on that 11 same day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is 12 more than one day after the date of deposit for mailing in affidavit. 13 BY PERSONAL DELIVERY: I personally delivered the original and/or true copy in a sealed envelope addressed as indicated herein. 14 BY OVERNIGHT DELIVERY: I placed the original and/or true copy in a sealed, fully 15 prepaid FedEx, Next Day Air envelope addressed as indicated herein, which is picked up by FedEx on that same day in the ordinary course of business. 16 BY FACSIMILE: Based on an agreement of the parties to accept service by fax 17 transmission, I faxed the referenced document(s) from fax number (805) 967-3978 at [insert time] to the person(s) indicated herein at the fax number(s) indicated herein. No 18 error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. 19 BY E-MAIL: I caused to be e-mailed a true copy to the e-mail addresses listed herein. 20 (STATE) I declare under penalty of perjury under the laws of the State of California that 21 the foregoing is true and correct. 22 (FEDERAL) I hereby certify that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. 23 24 Executed on September 5, 2023, at Santa Barbara, California. 25 26 Aeria Bolden Signature 27 Aeria Bolden 28 PRICE, POSTEL & PARMA LLP SANTA BARBARA, CA