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OMINAL
Larry Hoddick, Cal. Bar No. 237527
Email: LHoddick@dc.rr.com F I L E D
SUPERIOR count 0F CALIFORNIA
LAW OFFICES OF LARRY R. HODDICK, P.C. COUNTY 0F am BERNARomo
74-000 Country Club Drive, Suite C5 SAN BERNARQM olaTRucT
Palm Desert, California 92260
Telephone (760) 636-5256 MAY a Q 2022
Fax (760) 299-4220
. 1 r:
_
Robert Stempler, State Bar N0. 160299
Email: SoCalConsumerLawyer@Gmail.com EDUAHDQ HEMANQEE;
CONSUMER LAW OFFICE OF
ROBERT STEMPLER, APC
8200 Wilshire Blvd, Suite 200
FAX
Beverly Hills, CA 9021 1-2331
Telephone (323) 486—0102
Fax: (323) 488-6895
BY
Attorneys for Plaintiff,
BILLY C. HENRY
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO, CIVIL DISTRICT
BILLY C. HENRY, Case Number CIVDS 1 822222
Plaintiff, NOTICE OF MOTION AND MOTION TO
V‘vvvvv
COMPEL COMPLIANCE WITH TWO
VS. DEPOSITION SUBPOENAS AND REQUEST
FOR MONETARY SANCTIONS AGAINST
SUNRISE FORD, INC; FORD) THE DEPONENTS (JAMES BRUNCATI AND
MOTOR COMPANY, FORD) LISA ARANDA) AND ATTORNEY JIWON
MOTOR CREDIT COMPANY; and ) MICHAEL SHIN; MEMORANDUM OF
DOES l through 10, Inclusive, POINTS AND AUTHORITIES;
DECLARATION OF LARRY R. HODDICK;
Defendants. DECLARATION OF ROBERT STEMPLER;
EXHIBITS
V‘Vvvvvvvvv
Date: July 14, 2022
Time: 8:30 am.
Dept. 825 (Civil District Courthouse)
Complaint filed: August 23, 2018
Trial Setting Conf: May 26, 2022
Trial date: Vacated
TO THE COURT AND ALL PARTIES OF RECORD:
PLEASE TAKE NOTICE THAT on July l4, 2022, at 8:30 a.m., 0r as soon thereafter as this
matter might be heard, in Department $25 0fthe above-entitled Court, located at 247 W. 3rd St; San
Bemardino, CA 92415-0210, pursuant to Sections 1985.3, 1987.1, 2020.220, 2020.410-2020.440,
NOTICE OF MOTION TO COMPEL DEPOSITION SUBPOENA UPON TWO DEPONENTS
-1-
2025.280) and 2025.480 0f the Code of Civil Procedure, Plaintiff will and hereby does move the
Court for an Order compelling JAMES B’RU‘NCATI (herein “Bruncati”) and LISA ARANDA
(herein “Aranda”), to comply with the respective Deposition Subpoenas, including Plaintiff s request
for an award of monetary sanctions in Plaintiff‘s favor and against JAMES BRUNCATI, LISA
ARANDA, and attorney JIWON MICHAEL SHIN, in the amount 0f$6,993.00, pursuant to Sections
\xmu‘p
1987.2(a), 2020.030, 2023.010, 2023.030, and 2025.480 0fthe Code of Civil Procedure.
This motion is based upon this notice, the attached Declarations 0f Larry R. Hoddick and
Robert Stempler, the attached Memorandum 0f Points & Authorities, and referenced exhibits, the
entire court file herein, as well as such other, further, oral and documentary evidence as may be
10 presented at the hearing of this motion.
11
12 MEMORANDUM OF POINTS AND AUTHORITIES
13 l. STATEMENT OF FACTS
14 In December 0f 202 1, Defendant’s Ford Dealership in Fontana, known as “Sunrise Ford,”
15 was sold with the Ford dealership in L05 Angeles to Knight Automotive Group. (Hoddick Decl.,
16 Ex. 4, fl 5.) Defendant failed t0 disclose this fact until the deposition (Vols. 1 and 2) of James
17 ancati, Defendant’s CFO. Attorney Jiwon Michael Shin objected and instmcted Mr. ancati
18 not to answer questions detailing those transactions 0r even if Mr. Knight was informed about the
19 instant litigation and Plaintiff. (Hoddick Decl., 1m 5, 7; Stempler Decl., 1W 5, 7.) Following
20 extensive meet and confer, on March 4, 2022, Mr. Shin provided the Declaration of James
21 Bruncati, which failed t0 provide any documents and omitted many facts that Plaintiff needs to
22 determine how much of the assets 0f Defendant Sunrise Ford, Inc. have been secreted to its
23 shareholders and What the Defendants told the buyer, Knight, about Plaintiff and this lawsuit.
24 (Hoddick Dec1., 1m 8, 9; Stempler Decl., W 8, 9.) Plaintiff promptly moved for leave to amend t0
25 add two causes 0f action for fraudulent conveyance, which the Court granted 0n May 4, 2022.
26 As explained below, the documents specified in the Deposition Subpoena, but being
27 withheld, relate to Plaintiffs causes 0f action. Moreover, such evidence may lead to additional
28
NOTICE OF MOTION TO COMPEL DEPOSITION SUBPOENA UPON TWO DEPONENTS
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OMINAL Larry Hoddick, Cal. Bar No. 237527 Email: LHoddick@dc.rr.com F I L E D SUPERIOR count 0F CALIFORNIA LAW OFFICES OF LARRY R. HODDICK, P.C. COUNTY 0F am BERNARomo 74-000 Country Club Drive, Suite C5 SAN BERNARQM olaTRucT Palm Desert, California 92260 Telephone (760) 636-5256 MAY a Q 2022 Fax (760) 299-4220 . 1 r: _ Robert Stempler, State Bar N0. 160299 Email: SoCalConsumerLawyer@Gmail.com EDUAHDQ HEMANQEE; CONSUMER LAW OFFICE OF ROBERT STEMPLER, APC 8200 Wilshire Blvd, Suite 200 FAX Beverly Hills, CA 9021 1-2331 Telephone (323) 486—0102 Fax: (323) 488-6895 BY Attorneys for Plaintiff, BILLY C. HENRY SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO, CIVIL DISTRICT BILLY C. HENRY, Case Number CIVDS 1 822222 Plaintiff, NOTICE OF MOTION AND MOTION TO V‘vvvvv COMPEL COMPLIANCE WITH TWO VS. DEPOSITION SUBPOENAS AND REQUEST FOR MONETARY SANCTIONS AGAINST SUNRISE FORD, INC; FORD) THE DEPONENTS (JAMES BRUNCATI AND MOTOR COMPANY, FORD) LISA ARANDA) AND ATTORNEY JIWON MOTOR CREDIT COMPANY; and ) MICHAEL SHIN; MEMORANDUM OF DOES l through 10, Inclusive, POINTS AND AUTHORITIES; DECLARATION OF LARRY R. HODDICK; Defendants. DECLARATION OF ROBERT STEMPLER; EXHIBITS V‘Vvvvvvvvv Date: July 14, 2022 Time: 8:30 am. Dept. 825 (Civil District Courthouse) Complaint filed: August 23, 2018 Trial Setting Conf: May 26, 2022 Trial date: Vacated TO THE COURT AND ALL PARTIES OF RECORD: PLEASE TAKE NOTICE THAT on July l4, 2022, at 8:30 a.m., 0r as soon thereafter as this matter might be heard, in Department $25 0fthe above-entitled Court, located at 247 W. 3rd St; San Bemardino, CA 92415-0210, pursuant to Sections 1985.3, 1987.1, 2020.220, 2020.410-2020.440, NOTICE OF MOTION TO COMPEL DEPOSITION SUBPOENA UPON TWO DEPONENTS -1- 2025.280) and 2025.480 0f the Code of Civil Procedure, Plaintiff will and hereby does move the Court for an Order compelling JAMES B’RU‘NCATI (herein “Bruncati”) and LISA ARANDA (herein “Aranda”), to comply with the respective Deposition Subpoenas, including Plaintiff s request for an award of monetary sanctions in Plaintiff‘s favor and against JAMES BRUNCATI, LISA ARANDA, and attorney JIWON MICHAEL SHIN, in the amount 0f$6,993.00, pursuant to Sections \xmu‘p 1987.2(a), 2020.030, 2023.010, 2023.030, and 2025.480 0fthe Code of Civil Procedure. This motion is based upon this notice, the attached Declarations 0f Larry R. Hoddick and Robert Stempler, the attached Memorandum 0f Points & Authorities, and referenced exhibits, the entire court file herein, as well as such other, further, oral and documentary evidence as may be 10 presented at the hearing of this motion. 11 12 MEMORANDUM OF POINTS AND AUTHORITIES 13 l. STATEMENT OF FACTS 14 In December 0f 202 1, Defendant’s Ford Dealership in Fontana, known as “Sunrise Ford,” 15 was sold with the Ford dealership in L05 Angeles to Knight Automotive Group. (Hoddick Decl., 16 Ex. 4, fl 5.) Defendant failed t0 disclose this fact until the deposition (Vols. 1 and 2) of James 17 ancati, Defendant’s CFO. Attorney Jiwon Michael Shin objected and instmcted Mr. ancati 18 not to answer questions detailing those transactions 0r even if Mr. Knight was informed about the 19 instant litigation and Plaintiff. (Hoddick Decl., 1m 5, 7; Stempler Decl., 1W 5, 7.) Following 20 extensive meet and confer, on March 4, 2022, Mr. Shin provided the Declaration of James 21 Bruncati, which failed t0 provide any documents and omitted many facts that Plaintiff needs to 22 determine how much of the assets 0f Defendant Sunrise Ford, Inc. have been secreted to its 23 shareholders and What the Defendants told the buyer, Knight, about Plaintiff and this lawsuit. 24 (Hoddick Dec1., 1m 8, 9; Stempler Decl., W 8, 9.) Plaintiff promptly moved for leave to amend t0 25 add two causes 0f action for fraudulent conveyance, which the Court granted 0n May 4, 2022. 26 As explained below, the documents specified in the Deposition Subpoena, but being 27 withheld, relate to Plaintiffs causes 0f action. Moreover, such evidence may lead to additional 28 NOTICE OF MOTION TO COMPEL DEPOSITION SUBPOENA UPON TWO DEPONENTS -2-