Preview
1 Sherry J Larsen
Dba/Cal State Enterprises
2 2511 E. Birch Ave.
Clovis, CA 93611
3 559-322-2212
4
Plaintiff
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF PLACER
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8 SHERRY LARSEN, individually and dba CASE NO. S-CV-0045659
9 CALIFORNIA STATE ENTERPRISES
10 DECLARATION OF SHERRY LARSEN IN
Plaintiff, SUPPORT OF MOTION TO COMPEL
11 RESPONSES TO PLAINTIFF’S REQUEST
vs. FOR PRODUCTION OF DOCUMENTS,
12 SET TWO
PLACER VALLEY SPORTS COMPLEX,
13 INC. DBA @The Grounds, a California
corporation; and DOES 1-10, inclusive TRIAL DATE: NOVEMBER 14, 2022
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Defendants. HEARING DATE: SEPTEMBER 27, 2022
15 HEARING TIME: 8:30 A.M.
HEARING DEPARTMENT: 40
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19 I, SHERRY LARSEN, declare as follows:
20 1. That I am the Plaintiff in this case and am representing myself in Pro Per.
21 2. That a true and correct copy of Plaintiff’s Second Requests for Production are attached as
22 Exhibit “A.”
23 3. On August 4, 2022, I sent Defendant a letter and email, which informed Defendant that the
responses to the Requests for Production due on June 30th were now overdue and that
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responses were demanded or a motion to compel would be filed against Defendant. A true
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and correct copy of the meet and confer letter and email that I sent to opposing counsel,
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Robert Sinclair, are attached as Exhibit “B.”
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4. My attorney assisting me in this matter, Cedric Severino, has expended 7 hours in
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1 preparation of this Motion.
2 5. His hourly billable rate is $300/hour.
3 6. I am seeking $2,100 in attorney’s fees.
4 I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
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Respectfully submitted,
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Date:
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__________________________________
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Plaintiff Sherry Larsen
13 In Prop Per
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Exhibit A
1 McCormick, Barstow, Sheppard,
Wayte & Carruth LLP
2 Ben Nicholson, #239893
ben.nicholson@mccormickbarstow.com
3 Alex N. Newsum, #312344
alex.newsum@mccormickbarstow.com
4 7647 North Fresno Street
Fresno, California 93720
5 Telephone: (559) 433-1300
Facsimile: (559) 433-2300
6
Attorneys for Plaintiff/Cross-Defendant
7 SHERRY LARSEN, individually and dba
CALIFORNIA STATE ENTERPRISES
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF PLACER
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SHERRY LARSEN, individually and dba Case No. S-CV-0045659
12 CALIFORNIA STATE ENTERPRISES, ,
REQUEST FOR PRODUCTION OF
13 Plaintiff, DOCUMENTS, SET TWO TO PLACER
VALLEY SPORTS COMPLEX INC.
14 v.
15 PLACER VALLEY SPORTS COMPLEX,
INC. dba @the Grounds, a California
16 Corporation; and DOES 1-10,,
17 Defendant.
18
AND RELATED CROSS-ACTIONS
19
20
21 PROPOUNDING PARTY: PLAINTIFF, SHERRY LARSEN, individually and dba
22 CALIFORNIA STATE ENTERPRISES
23 RESPONDING PARTY: DEFENDANT, PLACER VALLEY SPORTS COMPLEX, INC.
24 SET NO.: Two (2)
25 PRELIMINARY STATEMENT
26 Plaintiff, Sherry Larsen, (hereinafter “PROPOUNDING PARTY”) hereby requests that
27 Defendant, PLACER VALLEY SPORTS COMPLEX INC. (hereinafter “RESPONDING PARTY”
28 or “DEFENDANT”), provide a written response to the following Request for Production of
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
1
FRESNO, CA 93720 REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO TO PLACER VALLEY SPORTS COMPLEX INC.
1 Documents as required by California Code of Civil Procedure §2031.010, et seq. Pursuant to
2 California Code of Civil Procedure §2031.210, a written response is due thirty (30) days from the
3 date of service of the Request for Production of Documents.
4 In responding to this request, you must identify and furnish all documents in YOUR
5 possession, custody, or control, regardless of where they are located, including any documents in
6 the possession of YOUR attorney, banks, real estate agents, title company, union, employer, or
7 agent, or any other person who may be acting on YOUR behalf.
8 A. Definitions
9 1. “DOCUMENT” as used in this request, the term “document” means all originals of
10 any nature whatsoever, and all non-identical copies of those originals, pertaining to any medium on
11 which information is recorded, including but not limited to, punch cards, printout sheets, movie film,
12 slides, video tapes, audio tapes, compact discs, phonographic records, photographs, microfilm,
13 notes, letters, memoranda, ledgers, work sheets, books, magazines, notebooks, diaries, calendars,
14 appointment books, registers, charts, tables, papers, agreements, contracts, purchase orders,
15 acknowledgments, invoices, authorizations, budgets, analyses, projections, transcripts, minutes of
16 meetings of any kind, correspondence, emails, text messages, telegrams, drafts, computer discs or
17 tapes, instructions, announcements, schedules, and price lists. In all instances, if originals or
18 non-identical copies of original documents are not available, “document” also means identical
19 copies of original documents and copies of non-identical copies.
20 2. “YOU” and “YOUR” shall mean PLACER VALLEY SPORTS COMPLEX, INC.,
21 or any predecessor, successor, or subsidiary of hers, or any agents, employees, accountants, and
22 anyone else acting on her behalf.
23 3. “PERSON” shall refer to any person not a party to this action and, where appropriate,
24 any of his/her employees, attorneys, agents, assigns, persons engaged by him and anyone else acting
25 or who has acted for or on his behalf.
26 4. “COMPLAINT” shall refer to the Cross-Complaint filed by YOU in this action
27 (Placer County Case No. S-CV-0045659.)
28 5. The terms “RELATING TO” and “RELATE TO” shall mean and include
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
2
FRESNO, CA 93720 REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO TO PLACER VALLEY SPORTS COMPLEX INC.
1 concerning, evidencing, touching upon, regarding, pertaining to, relating to, supporting and/or
2 otherwise relevant to the subject matter of the specific request in which the term is used.
3 6. “COMMUNICATION(S)” shall refer to any conversation or transfer of information,
4 whether written, oral, visual, electronic, audio or any other means, and includes, but is not limited
5 to, letters, memorandum, telephone calls, e-mail, SMS messages (aka “text messages”) and direct
6 or instant messaging.
7 7. “PLAINTIFF” shall mean SHERRY LARSEN, individually and dba CALIFORNIA
8 STATE ENTERPRISES and, where appropriate, any of her employees, attorneys, agents, assigns,
9 persons engaged by her and anyone else acting or who has acted for or on her behalf.
10 8. “FACILITY LICENSE AGREEMENT” shall mean the Facility License Agreement
11 between YOU and PLAINTIFF executed on or about November 20, 2019.
12 9. “RELATING TO” or “RELATE TO” shall be construed in their broadest sense to
13 each require information or DOCUMENTS that constitute, concern, pertain to, mention, discuss,
14 evidence, establish, refer to (directly or indirectly), reflect, allude to, comment upon, responding to,
15 connected with, commenting on, in respect of, about, regarding, discussing, involving, showing,
16 describing, concerning, analyzing, evaluating, consisting of, or tending to support or refute a
17 contention.
18 10. “PROPERTY” shall refer to the property located at 700 Event Center Dr., Roseville,
19 CA 95678.
20 B. Privilege. If any document is withheld under claim of privilege, please furnish a list
21 identifying each document for which the privilege is claimed, including the following information
22 for each such document:
23 1. The date, sender or author, recipient, type of document, number of pages, and subject
24 matter of the document;
25 2. The basis on which privilege is claimed; and
26 3. The paragraph or paragraphs of this request to which the document responds.
27 C. Documents No Longer in YOUR Possession, Custody, or Control. If any document
28 described in this request was, but no longer is, in YOUR possession, or subject to YOUR custody
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
3
FRESNO, CA 93720 REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO TO PLACER VALLEY SPORTS COMPLEX INC.
1 or control, or is no longer in existence, please list each such document, including the following
2 information for each document:
3 1. The date, sender or author, recipient, type of document, number of pages, and subject
4 matter of the document;
5 2. Whether the document (a) is missing or lost; (b) has been destroyed; (c) has been
6 transferred, voluntarily or involuntarily, to another person or entity not subject to YOUR control; or
7 (d) has otherwise been disposed of;
8 3. Explain the circumstances regarding the loss, destruction, or other disposition of the
9 document, and identify the person(s) who directed or authorized the disposition and the date that it
10 occurred; and
11 4. If the document is still in existence, its present location and custodian.
12 D. Claim of Undue Burden. If you claim that production of any document or category of
13 documents described in this request would entail undue burden, please set forth separately in YOUR
14 verified response to this request the following information with regard to each such document or
15 category of documents:
16 1. A brief description of the type(s) of documents, their location, and approximate
17 number of pages;
18 2. All reasons why you claim production of the documents would entail undue burden;
19 and
20 3. Any circumstances under which you could produce the documents without undue
21 burden (e.g., by submitting them at a later date than that specified at the beginning of this request).
22 REQUEST FOR PRODUCTION
23 REQUEST FOR PRODUCTION NO. 29:
24 All DOCUMENTS RELATED TO any and all drafts of the FACILITY LICENSE
25 AGREEMENT YOU provided to PLAINTIFF.
26 REQUEST FOR PRODUCTION NO. 30:
27 All DOCUMENTS RELATED TO and any all requests for payments YOU made to
28 PLAINTIFF before June 30, 2020.
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
4
FRESNO, CA 93720 REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO TO PLACER VALLEY SPORTS COMPLEX INC.
1 REQUEST FOR PRODUCTION NO. 31:
2 All DOCUMENTS RELATED TO COMMUNICATIONS from PLAINTIFF RELATED
3 TO the proposed scope of any event she planned to have pursuant to the FACILITY LICENSE
4 AGREEMENT.
5 REQUEST FOR PRODUCTION NO. 32:
6 All DOCUMENTS RELATED TO any event planned at the PROPERTY in 2020.
7 REQUEST FOR PRODUCTION NO. 33:
8 All DOCUMENTS RELATED TO the cancellation of any planned event at the PROPERTY
9 in 2020.
10 REQUEST FOR PRODUCTION NO. 34:
11 All DOCUMENTS RELATED TO COMMUNICATIONS between YOU and any other
12 PERSON RELATED TO the cancellation of any planned event at the PROPERTY in 2020.
13 REQUEST FOR PRODUCTION NO. 35:
14 All DOCUMENTS RELATED TO refunds issued by YOU to any other PERSON
15 RELATED TO the cancellation of any planned event at the PROPERTY in 2020.
16 REQUEST FOR PRODUCTION NO. 36:
17 All DOCUMENTS RELATED TO the date of any refunds issued by YOU to any other
18 PERSON RELATED TO the cancellation of any planned event at the PROPERTY in 2020.
19 REQUEST FOR PRODUCTION NO. 37:
20 All DOCUMENTS RELATED TO COMMUNICATIONS between YOU and any other
21 licensee in 2020 wherein YOU request that a planned event at the PROPERTY be modified.
22 REQUEST FOR PRODUCTION NO. 38:
23 All DOCUMENTS RELATED TO any home and garden event scheduled at the
24 PROPERTY in 2022.
25 REQUEST FOR PRODUCTION NO. 39:
26 All DOCUMENTS RELATED TO any home and garden event scheduled at the
27 PROPERTY in 2023.
28
MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
5
FRESNO, CA 93720 REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO TO PLACER VALLEY SPORTS COMPLEX INC.
1 REQUEST FOR PRODUCTION NO. 40:
2 All DOCUMENTS RELATED TO any home and garden event taking place at the
3 PROPERTY in 2021.
4 REQUEST FOR PRODUCTION NO. 41:
5 All DOCUMENTS RELATED TO any COMMUNICATIONS about this lawsuit with City
6 of Roseville staff.
7 REQUEST FOR PRODUCTION NO. 42:
8 All DOCUMENTS RELATED TO any COMMUNICATIONS about this lawsuit with
9 Placer County staff.
10 REQUEST FOR PRODUCTION NO. 43:
11 All DOCUMENTS RELATED TO the 2020 Placer County Fair.
12 REQUEST FOR PRODUCTION NO. 44:
13 All DOCUMENTS RELATED TO the cancellation of the 2020 Placer County Fair.
14 REQUEST FOR PRODUCTION NO. 45:
15 All DOCUMENTS RELATED TO the date of cancellation for the 2020 Placer County Fair.
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19 Dated: February 3, 2022 McCORMICK, BARSTOW, SHEPPARD,
WAYTE & CARRUTH LLP
20
21
By:
22 Ben Nicholson
Alex N. Newsum
23
Attorneys for Plaintiff/Cross-Defendant SHERRY
24 LARSEN, individually and dba CALIFORNIA STATE
ENTERPRISES
25
039274-000000 8185527.1
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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
6
FRESNO, CA 93720 REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO TO PLACER VALLEY SPORTS COMPLEX INC.
1 PROOF OF SERVICE
2 Larsen v. Placer Valley Sports Complex, Inc., et al.
Case No. S-CV-0045659
3
STATE OF CALIFORNIA, COUNTY OF FRESNO
4
At the time of service, I was over 18 years of age and not a party to this action. I am
5 employed in the County of Fresno, State of California. My business address is 7647 North Fresno
Street, Fresno, CA 93720.
6
On February 3, 2022, I served true copies of the following document(s) described as
7 REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO TO PLACER VALLEY
SPORTS COMPLEX INC. on the interested parties in this action as follows:
8
Robert F. Sinclair
9 SINCLAIR WILSON BALDO &
CHAMBERLAIN
10 2390 Professional Drive
Roseville, CA 95661
11 Tel: 916-783-5281
Fax: 916-783-5232
12 E-mail: rsinclair@swbclaw.com
13 Attorneys for Defendant/Cross-Complainant
PLACER VALLEY SPORTS COMPLEX,
14 INC. dba @the Grounds
15 BY FEDEX: I enclosed said document(s) in an envelope or package provided by FedEx
and addressed to the persons at the addresses listed in the Service List. I placed the envelope or
16 package for collection and overnight delivery at an office or a regularly utilized drop box of FedEx
or delivered such document(s) to a courier or driver authorized by FedEx to receive documents.
17
I declare under penalty of perjury under the laws of the State of California that the foregoing
18 is true and correct.
19 Executed on February 3, 2022, at Fresno, California.
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21
Elizabeth M. Abina
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MCCORMICK, BARSTOW ,
SHEPPARD, W AYTE &
CARRUTH LLP
7647 NORTH FRESNO STREET
7
FRESNO, CA 93720 REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO TO PLACER VALLEY SPORTS COMPLEX INC.
Exhibit B
Sherry Larsen
From: Sherry Larsen
Sent: Thursday, August 4, 2022 12:30 AM
To: 'rsinclair@swbclaw.com'
Subject: Meet and Confer and Depositions
Attachments: #8191999v1_IMAN_FRE_ - 2022.02.03 Larsen RFPDs to ATG, Set Two [2].pdf; Meet &
Confer Ltr.pdf
Importance: High
Tracking:
Tracking Recipient Read
'rsinclair@swbclaw.com' Read: 8/4/2022 6:29 AM
Hello Mr. Sinclair,
To follow up on our phone conversation of July 27, 2022, please find attached a Meet and Confer letter and the original
filing of this Request for Production of Documents, Set Two to Placer Valley Sports Complex Inc. of February 3, 2022. By
mutual agreement the date due was extended to June 30, 2022. This discovery is now over 30 days late.
In reference to our discuss of the rescheduling the deposition for Mr. Bart Ross and myself; Mr. Ross is available after
September 13, 2022. Mr. Ross is a resident of Palm Springs, California, therefore please identify a location within 75
miles of Palm Springs. I would also be available at the same time and same location. If you are not able to schedule my
deposition at the same time please advise a location within 75 miles of Clovis, California and a date after Sept. 5, 2022.
Best regards,
Sherry Larsen
559-284-8468
1
Mr. Robert Sinclair
Sinclair Wilson Baldo & Chamberlain
2390 Professional Drive
Roseville, CA 95661
rsinclair@swbclaw.com
August 4, 2022
RE: REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO TO PLACER VALLEY SPORTS COMPLEX INC.
Dear Mr. Sinclair,
On or about February 3, 2022, you were served, on behalf of your clients, Placer Valley Sports Complex,
Inc. dba @the Grounds with form interrogatories, special interrogatories, request for production of
documents and requests for admission. A copy of this Request for Production of Documents, Set Two to
Placer Valley Sports Complex Inc. is attached separately.
An extension was granted you and your client until June 30, 2022. I have still not received any
responses. As you are more than 30 days late on my extension I must insist that your client’s provide
me with their verified responses, without objections.
Be advised that Code of Civil Procedure §2023.010(d) states that failing to respond to an authorized
method of discovery is an abuse of the discovery process. Further, as your client’s have failed to serve
timely responses they have waived any right to objections, pursuant to Code of Civil Procedure §
2030.290 for the form and special interrogatories, and Code of Civil Procedure §2031.300 for the
requests for production of documents, and Code of Civil Procedure §2033.280 for the requests for
admission.
Accordingly, I request that your clients submit verified responses to my form and special interrogatories,
requests for production and documents, and requests for admission without objections, within 10 days
from the date of this letter.
It is my sincere intention to settle this matter amicably without the need for judicial intervention.
However, I am entitled to your client’s verified discovery within 10 days from the date of this letter I will
have no choice but to file motions to compel with the Court.
Very truly yours,
Sherry J Larsen
PO Box 3798
Clovis, CA 93613
559-284-8468
sherry@CalStateShows.com
Preview
1 Sherry J Larsen Dba/Cal State Enterprises 2 2511 E. Birch Ave. Clovis, CA 93611 3 559-322-2212 4 Plaintiff 5 SUPERIOR COURT OF THE STATE OF CALIFORNIA 6 IN AND FOR THE COUNTY OF PLACER 7 8 SHERRY LARSEN, individually and dba CASE NO. S-CV-0045659 9 CALIFORNIA STATE ENTERPRISES 10 DECLARATION OF SHERRY LARSEN IN Plaintiff, SUPPORT OF MOTION TO COMPEL 11 RESPONSES TO PLAINTIFF’S REQUEST vs. FOR PRODUCTION OF DOCUMENTS, 12 SET TWO PLACER VALLEY SPORTS COMPLEX, 13 INC. DBA @The Grounds, a California corporation; and DOES 1-10, inclusive TRIAL DATE: NOVEMBER 14, 2022 14 Defendants. HEARING DATE: SEPTEMBER 27, 2022 15 HEARING TIME: 8:30 A.M. HEARING DEPARTMENT: 40 16 17 18 19 I, SHERRY LARSEN, declare as follows: 20 1. That I am the Plaintiff in this case and am representing myself in Pro Per. 21 2. That a true and correct copy of Plaintiff’s Second Requests for Production are attached as 22 Exhibit “A.” 23 3. On August 4, 2022, I sent Defendant a letter and email, which informed Defendant that the responses to the Requests for Production due on June 30th were now overdue and that 24 responses were demanded or a motion to compel would be filed against Defendant. A true 25 and correct copy of the meet and confer letter and email that I sent to opposing counsel, 26 Robert Sinclair, are attached as Exhibit “B.” 27 4. My attorney assisting me in this matter, Cedric Severino, has expended 7 hours in 28 1 1 preparation of this Motion. 2 5. His hourly billable rate is $300/hour. 3 6. I am seeking $2,100 in attorney’s fees. 4 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 5 6 7 8 Respectfully submitted, 9 10 Date: 11 __________________________________ 12 Plaintiff Sherry Larsen 13 In Prop Per 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Exhibit A 1 McCormick, Barstow, Sheppard, Wayte & Carruth LLP 2 Ben Nicholson, #239893 ben.nicholson@mccormickbarstow.com 3 Alex N. Newsum, #312344 alex.newsum@mccormickbarstow.com 4 7647 North Fresno Street Fresno, California 93720 5 Telephone: (559) 433-1300 Facsimile: (559) 433-2300 6 Attorneys for Plaintiff/Cross-Defendant 7 SHERRY LARSEN, individually and dba CALIFORNIA STATE ENTERPRISES 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF PLACER 10 11 SHERRY LARSEN, individually and dba Case No. S-CV-0045659 12 CALIFORNIA STATE ENTERPRISES, , REQUEST FOR PRODUCTION OF 13 Plaintiff, DOCUMENTS, SET TWO TO PLACER VALLEY SPORTS COMPLEX INC. 14 v. 15 PLACER VALLEY SPORTS COMPLEX, INC. dba @the Grounds, a California 16 Corporation; and DOES 1-10,, 17 Defendant. 18 AND RELATED CROSS-ACTIONS 19 20 21 PROPOUNDING PARTY: PLAINTIFF, SHERRY LARSEN, individually and dba 22 CALIFORNIA STATE ENTERPRISES 23 RESPONDING PARTY: DEFENDANT, PLACER VALLEY SPORTS COMPLEX, INC. 24 SET NO.: Two (2) 25 PRELIMINARY STATEMENT 26 Plaintiff, Sherry Larsen, (hereinafter “PROPOUNDING PARTY”) hereby requests that 27 Defendant, PLACER VALLEY SPORTS COMPLEX INC. (hereinafter “RESPONDING PARTY” 28 or “DEFENDANT”), provide a written response to the following Request for Production of MCCORMICK, BARSTOW , SHEPPARD, W AYTE & CARRUTH LLP 7647 NORTH FRESNO STREET 1 FRESNO, CA 93720 REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO TO PLACER VALLEY SPORTS COMPLEX INC. 1 Documents as required by California Code of Civil Procedure §2031.010, et seq. Pursuant to 2 California Code of Civil Procedure §2031.210, a written response is due thirty (30) days from the 3 date of service of the Request for Production of Documents. 4 In responding to this request, you must identify and furnish all documents in YOUR 5 possession, custody, or control, regardless of where they are located, including any documents in 6 the possession of YOUR attorney, banks, real estate agents, title company, union, employer, or 7 agent, or any other person who may be acting on YOUR behalf. 8 A. Definitions 9 1. “DOCUMENT” as used in this request, the term “document” means all originals of 10 any nature whatsoever, and all non-identical copies of those originals, pertaining to any medium on 11 which information is recorded, including but not limited to, punch cards, printout sheets, movie film, 12 slides, video tapes, audio tapes, compact discs, phonographic records, photographs, microfilm, 13 notes, letters, memoranda, ledgers, work sheets, books, magazines, notebooks, diaries, calendars, 14 appointment books, registers, charts, tables, papers, agreements, contracts, purchase orders, 15 acknowledgments, invoices, authorizations, budgets, analyses, projections, transcripts, minutes of 16 meetings of any kind, correspondence, emails, text messages, telegrams, drafts, computer discs or 17 tapes, instructions, announcements, schedules, and price lists. In all instances, if originals or 18 non-identical copies of original documents are not available, “document” also means identical 19 copies of original documents and copies of non-identical copies. 20 2. “YOU” and “YOUR” shall mean PLACER VALLEY SPORTS COMPLEX, INC., 21 or any predecessor, successor, or subsidiary of hers, or any agents, employees, accountants, and 22 anyone else acting on her behalf. 23 3. “PERSON” shall refer to any person not a party to this action and, where appropriate, 24 any of his/her employees, attorneys, agents, assigns, persons engaged by him and anyone else acting 25 or who has acted for or on his behalf. 26 4. “COMPLAINT” shall refer to the Cross-Complaint filed by YOU in this action 27 (Placer County Case No. S-CV-0045659.) 28 5. The terms “RELATING TO” and “RELATE TO” shall mean and include MCCORMICK, BARSTOW , SHEPPARD, W AYTE & CARRUTH LLP 7647 NORTH FRESNO STREET 2 FRESNO, CA 93720 REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO TO PLACER VALLEY SPORTS COMPLEX INC. 1 concerning, evidencing, touching upon, regarding, pertaining to, relating to, supporting and/or 2 otherwise relevant to the subject matter of the specific request in which the term is used. 3 6. “COMMUNICATION(S)” shall refer to any conversation or transfer of information, 4 whether written, oral, visual, electronic, audio or any other means, and includes, but is not limited 5 to, letters, memorandum, telephone calls, e-mail, SMS messages (aka “text messages”) and direct 6 or instant messaging. 7 7. “PLAINTIFF” shall mean SHERRY LARSEN, individually and dba CALIFORNIA 8 STATE ENTERPRISES and, where appropriate, any of her employees, attorneys, agents, assigns, 9 persons engaged by her and anyone else acting or who has acted for or on her behalf. 10 8. “FACILITY LICENSE AGREEMENT” shall mean the Facility License Agreement 11 between YOU and PLAINTIFF executed on or about November 20, 2019. 12 9. “RELATING TO” or “RELATE TO” shall be construed in their broadest sense to 13 each require information or DOCUMENTS that constitute, concern, pertain to, mention, discuss, 14 evidence, establish, refer to (directly or indirectly), reflect, allude to, comment upon, responding to, 15 connected with, commenting on, in respect of, about, regarding, discussing, involving, showing, 16 describing, concerning, analyzing, evaluating, consisting of, or tending to support or refute a 17 contention. 18 10. “PROPERTY” shall refer to the property located at 700 Event Center Dr., Roseville, 19 CA 95678. 20 B. Privilege. If any document is withheld under claim of privilege, please furnish a list 21 identifying each document for which the privilege is claimed, including the following information 22 for each such document: 23 1. The date, sender or author, recipient, type of document, number of pages, and subject 24 matter of the document; 25 2. The basis on which privilege is claimed; and 26 3. The paragraph or paragraphs of this request to which the document responds. 27 C. Documents No Longer in YOUR Possession, Custody, or Control. If any document 28 described in this request was, but no longer is, in YOUR possession, or subject to YOUR custody MCCORMICK, BARSTOW , SHEPPARD, W AYTE & CARRUTH LLP 7647 NORTH FRESNO STREET 3 FRESNO, CA 93720 REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO TO PLACER VALLEY SPORTS COMPLEX INC. 1 or control, or is no longer in existence, please list each such document, including the following 2 information for each document: 3 1. The date, sender or author, recipient, type of document, number of pages, and subject 4 matter of the document; 5 2. Whether the document (a) is missing or lost; (b) has been destroyed; (c) has been 6 transferred, voluntarily or involuntarily, to another person or entity not subject to YOUR control; or 7 (d) has otherwise been disposed of; 8 3. Explain the circumstances regarding the loss, destruction, or other disposition of the 9 document, and identify the person(s) who directed or authorized the disposition and the date that it 10 occurred; and 11 4. If the document is still in existence, its present location and custodian. 12 D. Claim of Undue Burden. If you claim that production of any document or category of 13 documents described in this request would entail undue burden, please set forth separately in YOUR 14 verified response to this request the following information with regard to each such document or 15 category of documents: 16 1. A brief description of the type(s) of documents, their location, and approximate 17 number of pages; 18 2. All reasons why you claim production of the documents would entail undue burden; 19 and 20 3. Any circumstances under which you could produce the documents without undue 21 burden (e.g., by submitting them at a later date than that specified at the beginning of this request). 22 REQUEST FOR PRODUCTION 23 REQUEST FOR PRODUCTION NO. 29: 24 All DOCUMENTS RELATED TO any and all drafts of the FACILITY LICENSE 25 AGREEMENT YOU provided to PLAINTIFF. 26 REQUEST FOR PRODUCTION NO. 30: 27 All DOCUMENTS RELATED TO and any all requests for payments YOU made to 28 PLAINTIFF before June 30, 2020. MCCORMICK, BARSTOW , SHEPPARD, W AYTE & CARRUTH LLP 7647 NORTH FRESNO STREET 4 FRESNO, CA 93720 REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO TO PLACER VALLEY SPORTS COMPLEX INC. 1 REQUEST FOR PRODUCTION NO. 31: 2 All DOCUMENTS RELATED TO COMMUNICATIONS from PLAINTIFF RELATED 3 TO the proposed scope of any event she planned to have pursuant to the FACILITY LICENSE 4 AGREEMENT. 5 REQUEST FOR PRODUCTION NO. 32: 6 All DOCUMENTS RELATED TO any event planned at the PROPERTY in 2020. 7 REQUEST FOR PRODUCTION NO. 33: 8 All DOCUMENTS RELATED TO the cancellation of any planned event at the PROPERTY 9 in 2020. 10 REQUEST FOR PRODUCTION NO. 34: 11 All DOCUMENTS RELATED TO COMMUNICATIONS between YOU and any other 12 PERSON RELATED TO the cancellation of any planned event at the PROPERTY in 2020. 13 REQUEST FOR PRODUCTION NO. 35: 14 All DOCUMENTS RELATED TO refunds issued by YOU to any other PERSON 15 RELATED TO the cancellation of any planned event at the PROPERTY in 2020. 16 REQUEST FOR PRODUCTION NO. 36: 17 All DOCUMENTS RELATED TO the date of any refunds issued by YOU to any other 18 PERSON RELATED TO the cancellation of any planned event at the PROPERTY in 2020. 19 REQUEST FOR PRODUCTION NO. 37: 20 All DOCUMENTS RELATED TO COMMUNICATIONS between YOU and any other 21 licensee in 2020 wherein YOU request that a planned event at the PROPERTY be modified. 22 REQUEST FOR PRODUCTION NO. 38: 23 All DOCUMENTS RELATED TO any home and garden event scheduled at the 24 PROPERTY in 2022. 25 REQUEST FOR PRODUCTION NO. 39: 26 All DOCUMENTS RELATED TO any home and garden event scheduled at the 27 PROPERTY in 2023. 28 MCCORMICK, BARSTOW , SHEPPARD, W AYTE & CARRUTH LLP 7647 NORTH FRESNO STREET 5 FRESNO, CA 93720 REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO TO PLACER VALLEY SPORTS COMPLEX INC. 1 REQUEST FOR PRODUCTION NO. 40: 2 All DOCUMENTS RELATED TO any home and garden event taking place at the 3 PROPERTY in 2021. 4 REQUEST FOR PRODUCTION NO. 41: 5 All DOCUMENTS RELATED TO any COMMUNICATIONS about this lawsuit with City 6 of Roseville staff. 7 REQUEST FOR PRODUCTION NO. 42: 8 All DOCUMENTS RELATED TO any COMMUNICATIONS about this lawsuit with 9 Placer County staff. 10 REQUEST FOR PRODUCTION NO. 43: 11 All DOCUMENTS RELATED TO the 2020 Placer County Fair. 12 REQUEST FOR PRODUCTION NO. 44: 13 All DOCUMENTS RELATED TO the cancellation of the 2020 Placer County Fair. 14 REQUEST FOR PRODUCTION NO. 45: 15 All DOCUMENTS RELATED TO the date of cancellation for the 2020 Placer County Fair. 16 17 18 19 Dated: February 3, 2022 McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP 20 21 By: 22 Ben Nicholson Alex N. Newsum 23 Attorneys for Plaintiff/Cross-Defendant SHERRY 24 LARSEN, individually and dba CALIFORNIA STATE ENTERPRISES 25 039274-000000 8185527.1 26 27 28 MCCORMICK, BARSTOW , SHEPPARD, W AYTE & CARRUTH LLP 7647 NORTH FRESNO STREET 6 FRESNO, CA 93720 REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO TO PLACER VALLEY SPORTS COMPLEX INC. 1 PROOF OF SERVICE 2 Larsen v. Placer Valley Sports Complex, Inc., et al. Case No. S-CV-0045659 3 STATE OF CALIFORNIA, COUNTY OF FRESNO 4 At the time of service, I was over 18 years of age and not a party to this action. I am 5 employed in the County of Fresno, State of California. My business address is 7647 North Fresno Street, Fresno, CA 93720. 6 On February 3, 2022, I served true copies of the following document(s) described as 7 REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO TO PLACER VALLEY SPORTS COMPLEX INC. on the interested parties in this action as follows: 8 Robert F. Sinclair 9 SINCLAIR WILSON BALDO & CHAMBERLAIN 10 2390 Professional Drive Roseville, CA 95661 11 Tel: 916-783-5281 Fax: 916-783-5232 12 E-mail: rsinclair@swbclaw.com 13 Attorneys for Defendant/Cross-Complainant PLACER VALLEY SPORTS COMPLEX, 14 INC. dba @the Grounds 15 BY FEDEX: I enclosed said document(s) in an envelope or package provided by FedEx and addressed to the persons at the addresses listed in the Service List. I placed the envelope or 16 package for collection and overnight delivery at an office or a regularly utilized drop box of FedEx or delivered such document(s) to a courier or driver authorized by FedEx to receive documents. 17 I declare under penalty of perjury under the laws of the State of California that the foregoing 18 is true and correct. 19 Executed on February 3, 2022, at Fresno, California. 20 21 Elizabeth M. Abina 22 23 24 25 26 27 28 MCCORMICK, BARSTOW , SHEPPARD, W AYTE & CARRUTH LLP 7647 NORTH FRESNO STREET 7 FRESNO, CA 93720 REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO TO PLACER VALLEY SPORTS COMPLEX INC. Exhibit B Sherry Larsen From: Sherry Larsen Sent: Thursday, August 4, 2022 12:30 AM To: 'rsinclair@swbclaw.com' Subject: Meet and Confer and Depositions Attachments: #8191999v1_IMAN_FRE_ - 2022.02.03 Larsen RFPDs to ATG, Set Two [2].pdf; Meet & Confer Ltr.pdf Importance: High Tracking: Tracking Recipient Read 'rsinclair@swbclaw.com' Read: 8/4/2022 6:29 AM Hello Mr. Sinclair, To follow up on our phone conversation of July 27, 2022, please find attached a Meet and Confer letter and the original filing of this Request for Production of Documents, Set Two to Placer Valley Sports Complex Inc. of February 3, 2022. By mutual agreement the date due was extended to June 30, 2022. This discovery is now over 30 days late. In reference to our discuss of the rescheduling the deposition for Mr. Bart Ross and myself; Mr. Ross is available after September 13, 2022. Mr. Ross is a resident of Palm Springs, California, therefore please identify a location within 75 miles of Palm Springs. I would also be available at the same time and same location. If you are not able to schedule my deposition at the same time please advise a location within 75 miles of Clovis, California and a date after Sept. 5, 2022. Best regards, Sherry Larsen 559-284-8468 1 Mr. Robert Sinclair Sinclair Wilson Baldo & Chamberlain 2390 Professional Drive Roseville, CA 95661 rsinclair@swbclaw.com August 4, 2022 RE: REQUEST FOR PRODUCTION OF DOCUMENTS, SET TWO TO PLACER VALLEY SPORTS COMPLEX INC. Dear Mr. Sinclair, On or about February 3, 2022, you were served, on behalf of your clients, Placer Valley Sports Complex, Inc. dba @the Grounds with form interrogatories, special interrogatories, request for production of documents and requests for admission. A copy of this Request for Production of Documents, Set Two to Placer Valley Sports Complex Inc. is attached separately. An extension was granted you and your client until June 30, 2022. I have still not received any responses. As you are more than 30 days late on my extension I must insist that your client’s provide me with their verified responses, without objections. Be advised that Code of Civil Procedure §2023.010(d) states that failing to respond to an authorized method of discovery is an abuse of the discovery process. Further, as your client’s have failed to serve timely responses they have waived any right to objections, pursuant to Code of Civil Procedure § 2030.290 for the form and special interrogatories, and Code of Civil Procedure §2031.300 for the requests for production of documents, and Code of Civil Procedure §2033.280 for the requests for admission. Accordingly, I request that your clients submit verified responses to my form and special interrogatories, requests for production and documents, and requests for admission without objections, within 10 days from the date of this letter. It is my sincere intention to settle this matter amicably without the need for judicial intervention. However, I am entitled to your client’s verified discovery within 10 days from the date of this letter I will have no choice but to file motions to compel with the Court. Very truly yours, Sherry J Larsen PO Box 3798 Clovis, CA 93613 559-284-8468 sherry@CalStateShows.com