On August 23, 2018 a
Motion,Ex Parte
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 10641 1)
ANTHONY S. ORTIZ, Esq. (SBN 318474)
CALLAHAN, THOMPSON, SHERMAN >UP"
‘ ’
:RIUR
"
Lt:
a
COURT OF
L E
COUNTY OF
& CAUDILL, LLP aLlFORNl/J
.5AN BERNAgAffil BER NA
2601 Main 800
Street, Suite N0 DISTgfigNFO
92614
Irvine, California
Tel: (949) 261—2872
«’UN 11 2021
Fax: (949) 261-6060
Email: rthompson@ctsclaw.com
aortiz@,ctsclaw.com
Attorneys for Defendant,
SUNRISE FORD, INC.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
HP
BILLY C. HENRY, Case No.2 CIVDS 1 822222
SAFAUI'XIJr
JUDGE: Hon. Donald Alvarez
Plaintiff, DEPARTMENT: 823
‘ERMAN
COMPLAINT DATE: August 23, 2018
SI .— A vs.
SUNRISE FORD INC.’S NOTICE OF
K3Mi’513N
SUNRISE FORD, INC; FORD MOTOR MOTION AND MOTION TO DEEM
COMPANY; FORD MOTOR CREDIT FACTS ADMITTED, AND REQUEST FOR
'n
COMPANY; and DOES through 50, 1 MONETARY SANCTIONS IN TI-IE
IAN
inclusive, AMOUNT OF $1,985; MEMORANDUM
(,TAUAI
OF POINTS AND AUTHORITIES IN
SUPPORT THEREOF; AND
Defendants. DECLARATION OF ANTHONY S. ORTIZ
SUNRISE FORD, INC, Date: July 6, 2021
Time: 9:00 a.m.
Lross-Lomfn‘alnant, Depf: 525
vs.
FORD MOTOR COMPANY,
W" "‘_ 'CESSELDefendént.
n'
~
.. w .
,
TO ALL PARTIE§ HEREm AND THEIR ATTORNEYS OF REQQRD;
PLEASE TAKE NOTICE that on July 6, 2021 at 9:00 a.m. or as soon thereafter as counsel
I
may be heard in SZS of the above-entitled court located 247 West Third Street, San Bernardino, CA
NOTICE OF MOTION AND MOTION TO DEEM FACTS ADMITTED AND REQUESTS FOR MONETARY
SANCTIONS
9241 5, defendant Sunrise Ford, Inc. (“Sunrise”) will and hereby does moves this Court for an order
2 that the truth of matters specified in Sunrise’s Requests for Admissions be deemed admitted.
3 Sunrise will also move the Court for an order that Ford Motor Company (“Ford”) and its
4 counsel pay sanctions in the sum of $1,985 as the reasonable costs and attorney’s fees incurred by
5 Defendant for these proceedings.
6 This motion is made pursuant to Code of Civil Procedure § 2033.280, on the grounds that
7 this discovery is relevant to the subject matter of this action, this discovery does not relate to
8 privileged matters, and plaintiff’s refilsal to answer is without substantial justification.
9 This motion will be based upon this Notice, the Memorandum of Points and Authorities in
10 support thereof, the Declaration of Anthony S. Ortiz attached hereto, all documents and records on
[LP
l l file herein, and upon such further oral and documentary evidence as may be presented at the time of
VII)"
zSaUAUI
12 the hearing of this matter.
1 3
HERMAN
S} 14 DATED: June 11, 2021 CALLAHAN, THOMPSON, SHERMAN &
CAUDILL, LLP
"UK)MPSON
15
16
IAN By /s/Anthonv S. Ortiz
_
ROBERT W. THOMPSON
(.TAUAI l7 ANTHONY s. ORTIZ
Attorneys for Defendant,
18 SUNRISE FORD, INC.
1 9
20
22
23
24
25
i6; _ ‘
‘
27
28
- 2 _
NOTICE 0F MOTION AND MOTION T0 DEEM FACTS ADMITTED AND REQUESTS FOR MONETARY
SANCTIONS
Document Filed Date
June 11, 2021
Case Filing Date
August 23, 2018
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ROBERT W. THOMPSON, Esq. (SBN 10641 1) ANTHONY S. ORTIZ, Esq. (SBN 318474) CALLAHAN, THOMPSON, SHERMAN >UP" ‘ ’ :RIUR " Lt: a COURT OF L E COUNTY OF & CAUDILL, LLP aLlFORNl/J .5AN BERNAgAffil BER NA 2601 Main 800 Street, Suite N0 DISTgfigNFO 92614 Irvine, California Tel: (949) 261—2872 «’UN 11 2021 Fax: (949) 261-6060 Email: rthompson@ctsclaw.com aortiz@,ctsclaw.com Attorneys for Defendant, SUNRISE FORD, INC. SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO HP BILLY C. HENRY, Case No.2 CIVDS 1 822222 SAFAUI'XIJr JUDGE: Hon. Donald Alvarez Plaintiff, DEPARTMENT: 823 ‘ERMAN COMPLAINT DATE: August 23, 2018 SI .— A vs. SUNRISE FORD INC.’S NOTICE OF K3Mi’513N SUNRISE FORD, INC; FORD MOTOR MOTION AND MOTION TO DEEM COMPANY; FORD MOTOR CREDIT FACTS ADMITTED, AND REQUEST FOR 'n COMPANY; and DOES through 50, 1 MONETARY SANCTIONS IN TI-IE IAN inclusive, AMOUNT OF $1,985; MEMORANDUM (,TAUAI OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; AND Defendants. DECLARATION OF ANTHONY S. ORTIZ SUNRISE FORD, INC, Date: July 6, 2021 Time: 9:00 a.m. Lross-Lomfn‘alnant, Depf: 525 vs. FORD MOTOR COMPANY, W" "‘_ 'CESSELDefendént. n' ~ .. w . , TO ALL PARTIE§ HEREm AND THEIR ATTORNEYS OF REQQRD; PLEASE TAKE NOTICE that on July 6, 2021 at 9:00 a.m. or as soon thereafter as counsel I may be heard in SZS of the above-entitled court located 247 West Third Street, San Bernardino, CA NOTICE OF MOTION AND MOTION TO DEEM FACTS ADMITTED AND REQUESTS FOR MONETARY SANCTIONS 9241 5, defendant Sunrise Ford, Inc. (“Sunrise”) will and hereby does moves this Court for an order 2 that the truth of matters specified in Sunrise’s Requests for Admissions be deemed admitted. 3 Sunrise will also move the Court for an order that Ford Motor Company (“Ford”) and its 4 counsel pay sanctions in the sum of $1,985 as the reasonable costs and attorney’s fees incurred by 5 Defendant for these proceedings. 6 This motion is made pursuant to Code of Civil Procedure § 2033.280, on the grounds that 7 this discovery is relevant to the subject matter of this action, this discovery does not relate to 8 privileged matters, and plaintiff’s refilsal to answer is without substantial justification. 9 This motion will be based upon this Notice, the Memorandum of Points and Authorities in 10 support thereof, the Declaration of Anthony S. Ortiz attached hereto, all documents and records on [LP l l file herein, and upon such further oral and documentary evidence as may be presented at the time of VII)" zSaUAUI 12 the hearing of this matter. 1 3 HERMAN S} 14 DATED: June 11, 2021 CALLAHAN, THOMPSON, SHERMAN & CAUDILL, LLP "UK)MPSON 15 16 IAN By /s/Anthonv S. Ortiz _ ROBERT W. THOMPSON (.TAUAI l7 ANTHONY s. ORTIZ Attorneys for Defendant, 18 SUNRISE FORD, INC. 1 9 20 22 23 24 25 i6; _ ‘ ‘ 27 28 - 2 _ NOTICE 0F MOTION AND MOTION T0 DEEM FACTS ADMITTED AND REQUESTS FOR MONETARY SANCTIONS