On August 23, 2018 a
Party Discovery
was filed
involving a dispute between
Henry, Billy C,
Sunrise Ford Inc A California Corporation,
and
Bruncati, Daniel,
Bruncati, James,
Bruncati, Robert,
Does 2 Through 50,
Ford Motor Company,
Ford Motor Credit Company,
Sunrise Ford, Inc.,
for Business Tort
in the District Court of San Bernardino County.
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ROBERT W. THOMPSON, Esq. (SBN 106411)
JIWON MICHAEL SHIN, Esq. (SBN 320504)
CALLAHAN, THOMPSON, SHERMAN BG
& CAUDILL, LLP RT iA
2601 Main Street, Suite 800
Irvine, California 92614
Tel: (949) 261-2872 JUN 3 -® 2022
Fax: (949) 261-6060
Email: rthompson@ctsclaw.com
mshin@ctsclaw.com wy Chatters the Tam
CHRISTINE LOCK! MAN, Uap uy
Attorneys for Defendant,
SUNRISE FORD, INC.
SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF SAN BERNARDINO
11
BILLY C. HENRY, Case No.: CIVDS1822222
12
JUDGE: Hon. Khymberli S. Apaloo
ommend 13 Plaintiff, DEPARTMENT: $25
COMPLAINT DATE: August 23, 2018
14 vs.
DEFENDANT SUNRISE FORD, INC.’S
15 SUNRISE FORD, INC.; FORD MOTOR OPPOSITION TO PLAINTIFF’S MOTION
COMPANY; FORD MOTOR CREDIT TO COMPEL COMPLIANCE WITH TWO
16 COMPANY; and DOES | through 50,
DEPOSITION SUBPOENAS AND
inclusive,
17 REQUEST FOR MONETARY
SANCTIONS AGAINST THE
18 Defendants. DEPONENTS (JAMES BRUNCATI AND
LISA ARANDA) AND ATTORNEY
My 19 JIWON MICHAEL SHIN; AND REQUEST
FOR MONETARY SANCTIONS
20
21 [Filed concurrently with Declaration of Jiwon
¢ef Michael Shin]
© 22
Date: July 14, 2022
23 Time: 8:30 a.m.
Dept. S25
24
x 25 Defendant SUNRISE FORD, INC. (“Defendant” or “Sunrise”) opposes Plaintiffs Motion
Lh. 26 to Compel Compliance with Two Deposition Subpoenas and Request for Monetary Sanctions
27 Against the Deponents (James Bruncati and Lisa Aranda) and Attorney Jiwon Michael Shin as
28 follows:
-1-
DEFENDANT SUNRISE FORD, INC.’S OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL COMPLIANCE
WITH TWO DEPOSITION SUBPOENAS AND REQUEST FOR MONETARY SANCTIONS
Table of Contents
1 SUMMARY OF FACTS AND PROCEDURAL HISTORY, deseeeeenessneeasnenenassececaeeceeenerensenens
i LEGAL ARGUMENT
A PIAINTIFF’S MOTION IS PROCEDURALLY DEFECTIVE seseuessesesesecseseeeeenseeeee
B OBJECTIONS BASED ON PRIVACY, FINANCIAL PRIVACY, TRADE
SECRET PRIVACY HAD MERIT AT THE TIME WHEN THE SECOND
AMENDED COMPLAINT WAS NOT YET AT ISSUE . sesesseneeeeneneneee
PLAINTIFF’S PRETRIAL DISCOVERY OF DEFENDANT’S FINANCIAL
CONDITION WAS IMPROPER PURSUANT TO CCP § 3295(C) seeeesenenesneseenseeses
SUBPOENA TO JAMES BRUNCATI (“BRUNCATI”) seeeeetasaeesteeensenenetaeeeteesenees 10
10 1 The Ford Warranty and Policy Manual 10
11 The Warranty and Policy Manual referenced by Ruben Fernandez at the 10
12 Photographs of any computer screens shown on April 20, 2017 to Billy
C. Henry in connection with the CONTRACT. seeeeseeseanseneeaneeseeatsaeseseeeasensees 10
13
g 16. The publications that were used by James Bruncati for training on the
14 pre-contract disclosures, as referenced during his deposition on January
13, 2022 seeeseeeeneeeee seseseseeneaesteneneegees sesseasscesseeeseeeseeesesen: sete 11
15
17. All manuals published by the California New Car Dealers Association in
16 possession by Sunrise Ford as referenced during the
th e deposition of James
Bruncati on January 13, 2022. . seeeeeeeeeeeaeseeee 11
17
18. All publications in your possession, custody or control as of April 20.
18 2017 that refers [sic] to the pre-contract disclosures. ...........ssessessesseeseeteestes 11
19 19. All training materials, outlines, brochures and curricula provided to
James Bruncati in connection with any policies to be used by the finance
20 managers at Sunrise Ford, In seseenenee 11
21 20. The agreement in which the Fontana dealership known as “Sunrise Ford”
was sold to Knight Automotive Group under the entity named “Knight
22 Sunrise Fontana, LLC.” .......ccesessssessscesceeseseesesceeeseseseeeeseacecescseeesaeesensseeeenee 11
23 21 All correspondence, communications and agreements between Sunrise
Ford, Inc. and any EMPLOYEES of Knight Automotive Group that refer
24 to Billy Henry or this litigation. Jo eaeeeeeen 12
25 22. All payments to the shareholders of Sunrise Ford, Inc. following the sale
of Sunrise Ford to Knight Automotive Group 12
26
SUBPOENA TO LISA ARANDA 12
27
1 The Ford Warranty and Policy Manual 12
28
2. The Warranty and Policy-Manual referenced by Ruben Fernandez at the 13
DEFENDANT SUNRISE FORD, INC.’S OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL COMPLIANCE
WITH TWO DEPOSITION SUBPOENAS AND REQUEST FOR MONETARY SANCTIONS,
Document Filed Date
June 30, 2022
Case Filing Date
August 23, 2018
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ROBERT W. THOMPSON, Esq. (SBN 106411) JIWON MICHAEL SHIN, Esq. (SBN 320504) CALLAHAN, THOMPSON, SHERMAN BG & CAUDILL, LLP RT iA 2601 Main Street, Suite 800 Irvine, California 92614 Tel: (949) 261-2872 JUN 3 -® 2022 Fax: (949) 261-6060 Email: rthompson@ctsclaw.com mshin@ctsclaw.com wy Chatters the Tam CHRISTINE LOCK! MAN, Uap uy Attorneys for Defendant, SUNRISE FORD, INC. SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SAN BERNARDINO 11 BILLY C. HENRY, Case No.: CIVDS1822222 12 JUDGE: Hon. Khymberli S. Apaloo ommend 13 Plaintiff, DEPARTMENT: $25 COMPLAINT DATE: August 23, 2018 14 vs. DEFENDANT SUNRISE FORD, INC.’S 15 SUNRISE FORD, INC.; FORD MOTOR OPPOSITION TO PLAINTIFF’S MOTION COMPANY; FORD MOTOR CREDIT TO COMPEL COMPLIANCE WITH TWO 16 COMPANY; and DOES | through 50, DEPOSITION SUBPOENAS AND inclusive, 17 REQUEST FOR MONETARY SANCTIONS AGAINST THE 18 Defendants. DEPONENTS (JAMES BRUNCATI AND LISA ARANDA) AND ATTORNEY My 19 JIWON MICHAEL SHIN; AND REQUEST FOR MONETARY SANCTIONS 20 21 [Filed concurrently with Declaration of Jiwon ¢ef Michael Shin] © 22 Date: July 14, 2022 23 Time: 8:30 a.m. Dept. S25 24 x 25 Defendant SUNRISE FORD, INC. (“Defendant” or “Sunrise”) opposes Plaintiffs Motion Lh. 26 to Compel Compliance with Two Deposition Subpoenas and Request for Monetary Sanctions 27 Against the Deponents (James Bruncati and Lisa Aranda) and Attorney Jiwon Michael Shin as 28 follows: -1- DEFENDANT SUNRISE FORD, INC.’S OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL COMPLIANCE WITH TWO DEPOSITION SUBPOENAS AND REQUEST FOR MONETARY SANCTIONS Table of Contents 1 SUMMARY OF FACTS AND PROCEDURAL HISTORY, deseeeeenessneeasnenenassececaeeceeenerensenens i LEGAL ARGUMENT A PIAINTIFF’S MOTION IS PROCEDURALLY DEFECTIVE seseuessesesesecseseeeeenseeeee B OBJECTIONS BASED ON PRIVACY, FINANCIAL PRIVACY, TRADE SECRET PRIVACY HAD MERIT AT THE TIME WHEN THE SECOND AMENDED COMPLAINT WAS NOT YET AT ISSUE . sesesseneeeeneneneee PLAINTIFF’S PRETRIAL DISCOVERY OF DEFENDANT’S FINANCIAL CONDITION WAS IMPROPER PURSUANT TO CCP § 3295(C) seeeesenenesneseenseeses SUBPOENA TO JAMES BRUNCATI (“BRUNCATI”) seeeeetasaeesteeensenenetaeeeteesenees 10 10 1 The Ford Warranty and Policy Manual 10 11 The Warranty and Policy Manual referenced by Ruben Fernandez at the 10 12 Photographs of any computer screens shown on April 20, 2017 to Billy C. Henry in connection with the CONTRACT. seeeeseeseanseneeaneeseeatsaeseseeeasensees 10 13 g 16. The publications that were used by James Bruncati for training on the 14 pre-contract disclosures, as referenced during his deposition on January 13, 2022 seeeseeeeneeeee seseseseeneaesteneneegees sesseasscesseeeseeeseeesesen: sete 11 15 17. All manuals published by the California New Car Dealers Association in 16 possession by Sunrise Ford as referenced during the th e deposition of James Bruncati on January 13, 2022. . seeeeeeeeeeeaeseeee 11 17 18. All publications in your possession, custody or control as of April 20. 18 2017 that refers [sic] to the pre-contract disclosures. ...........ssessessesseeseeteestes 11 19 19. All training materials, outlines, brochures and curricula provided to James Bruncati in connection with any policies to be used by the finance 20 managers at Sunrise Ford, In seseenenee 11 21 20. The agreement in which the Fontana dealership known as “Sunrise Ford” was sold to Knight Automotive Group under the entity named “Knight 22 Sunrise Fontana, LLC.” .......ccesessssessscesceeseseesesceeeseseseeeeseacecescseeesaeesensseeeenee 11 23 21 All correspondence, communications and agreements between Sunrise Ford, Inc. and any EMPLOYEES of Knight Automotive Group that refer 24 to Billy Henry or this litigation. Jo eaeeeeeen 12 25 22. All payments to the shareholders of Sunrise Ford, Inc. following the sale of Sunrise Ford to Knight Automotive Group 12 26 SUBPOENA TO LISA ARANDA 12 27 1 The Ford Warranty and Policy Manual 12 28 2. The Warranty and Policy-Manual referenced by Ruben Fernandez at the 13 DEFENDANT SUNRISE FORD, INC.’S OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL COMPLIANCE WITH TWO DEPOSITION SUBPOENAS AND REQUEST FOR MONETARY SANCTIONS,