Preview
1 DOWNEY BRAND LLP FILED
WILLIAM R. WARNE (Bar No; 141280) EHOORSED
2 ANNIE S. AMARAL (Bar No. 2381'89)
BRADLEY C. CARROLL (Bar No. 300658) 25I;30CT 11 m\t'UM
3 621 Capitol Mall, 18th Floor .
Sacramento, CA 95814-4731 SUPERIOR COURT CF CAUFORNIA
eOUHTY-'CF SACRAhEHiO
4 Telephone: 916.444:1000
Facsimile: 916.444.2100
5 bwame@dowheybrand.com
aamaral@downeybrand.com
6 bcarroll@downeybrand.com
7 Attomeys for Plaintiff
CHARLES SOMERS, individually and astiaisteefor the
8 CHARLES SOMERS LIVING TRUST
9 SUPERIOR COURT OF CALIFORNL\
10 COUNTY OF SACRAMENTO
11
12 CHARLES SOMERS, individually and as" CASE NO; 34-2018-00229212
OH trastee for the CHARLES SOMERS
hJ' 13 LIVING TRUST, PLAINTIFF CHARLES SOMERS'S
hJ
Q NiDTICE OF MOTION AND MOTION TO
Z 14 Plaintiff, COMPEL DEFENDANT DR. JAMES
< LONGORIA'S FURTHER RESPONSE TO
Pi
CQ 15 SPECIAL INTERROGATORY NO. 44
W 16 DR. JAMES.LONGORIA, an individual,
Z and DOES f-10. Date: November 5, 2019
17 Time: - 9:00 a.m.
o Defendant. Dept.: 54
Q 18
Complaint Filed: March 16, 2018
19 Trial Date: March 16, 2020
20
21 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
22 PLEASE TAKE NOTICE tiiat, on Tuesday, November 5, 2019, at 9:00 a.m., or as soon
23 thereafter as the matter may be heard, in Department 54 of the above-entitied Court, located at
24 813 6th Sfreet, Second Floor, Sacramento, Califomia, 958,14, Plaintiff CHARLES SOMERS
25 ("Plaintiff') will, arid hereby does, move this Court for an order compelling Defendant DR.
26 JAMES LONGORIA ("Defendant") to a provide fiirther response to Special Interrogatory No.
27 44, pursuant to Code of Civil Procediire § 2030.300.
28 ///
NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSE TO SP. INTERROGATORY NO. 44
1 This motion is made pursuant to Code of Civil Procedure section 2030.300, and is brought
2 because Defendant's responses do not comply with the requirements imposed by the Discovery
3 Act.
4 This Motion will be based on this Notice of Motion and Motion; the accompanying
5 Memorandum of Points and Authorities; the accompanying Declaration of Bradley C. Carroll and
6 all exhibits thereto; the accompanying Separate Statement; all of the documents and materials set
7 forth in the Court's file in this matter; and on such other argument and oral and documentary
8 evidence as the Court will allow at thetimeof the hearing on this Motion.
9 Pursuant to Local Rule 1.06 (A), the Court will make a tentativeratingon the merits of
10 this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative
11 ratings for the department may be dovmloaded from the Court's public access site. If you do not
12 have online access, you may call the dedicated phone number for the department as referenced in
OH
13 the local telephone directory, between the hours of 2:00 p.m. and 4:00 p.m. on the court day
h-l
Q 14
z
<
before the hearing and listen to the tentative rating. If you do not call the court and the opposing
Pi
15 party by 4:00 p.m. the coiirt day before the hearing, no hearing will be held.
w 16
Z
o 17 DATED: October 11, 2019 DOWNEY BRAND LLP
Q
18
19 By:_
20 WILLIAM R. WARNE
ANNIE S. AMARAL
21 BRADLEY C. CARROLL
Attomeys for Plaintiff
22 CHARLES SOIS^ERS, individually and as trustee
for the CHARLES SOMERS LFVING TRUST
23
24
25
26
27
28
NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSE TO SP. INTERROGATORY NO. 44
1 PROOF OF SERVICE
2 I am a resident of the State pf California, oyer the age of eighteen years,; and not a party to
the within action. My business address is Dovvney Brand LLP, 621 Gapitbl Mall, 18th Floor,
3 Sacramento, Califomia; 95814-4731. On October 11, 2019,1 served tiie within docunierit(s):
4 PLAINTIFF CHARLES SOMERS'S NOTICE OF MOTION AND
MOTION TO COMPEL DEFENDANT DR. JAMES LONGORIA'S
5 FURTHER RESPONSE TO SPECIAL INTERROGATORY NO. 44
6 BY FAX; by transmitting via facsimile the document(s) listed above to the fax
• number(s) set forth below on this date before 5:00 p.m.
7
BY E-MAIL: hy transmitting yia my elecfronic service address
8 • (tchacori@downeybrand'com) the dbcument(sii listed above to the person(s) at the
e-niail address(es) set forth below.
9
BY M A I L : by placing the document(s) listed above in a sealed envelope with
10 • postage thereon fully prepaid^ in the United States mail at Sacramento, Califomia
addressed as set fortii below.
11
BY OVERNIGHT M A I L : by causing document(s) to be picked up by an
12 • ovemight delivery service corhpariy for delivery to the addressee(s) on the next
OH business day.
h-l 13
h-l
Q BY PERSONAL DELIVERY; by causing personal delivery by On Demand
Z 14 Legal of the document(s) listed above to tiie person(s) at the address(es) set forth
< below.
Oil
15
pa
Attorneys for Defendant. DR. JAMES LONGORIA
16
Z Mark E. EUis
o 17 Ellis Law Group LLP
Q 1425 River Park Dr., Ste 400
18 Sacramento, CA 958,15-4524
Ph: (916) 283-8820/ Fax: (916) 283-8821
19 mellis@ellislawgrp.com
20
I am readily familiar; with the firm's practice of collection and processing corresppndence
21 for mailing. Under that practice:if would be deposited wiith the U;S. Postal Service on that same
day with postage thereon fully prepaid.in the ordinary course^pf .M^ I arii a\yare that on
22 motion of the party served, service .is presumed caricellatipn date or postage
meter date isriiorethan One day after date of (deposit for mailing in affidavit.
23
I declare under penalty of perjury under the laws of the State of Califomia that the above
24 is trae and correct.
25 Executed on October 11, 2019, at Sacramento, Califomia.
26
27
Linda Cortez
28
PROOF OF SERVICE
1 PROOF OF SERVICE
2 I am a resident, ofthe State pf Califomia, over the age of eighteen years, and npt a party to
the within action. My business address lis Dbwriey Brand LLP, 6^1 Ca^ i Sth Floor,
3 Sacramento, Califomia, 95814-4731. On October 11,2019^ I served the within document(s):
4 PLAINTIFF CHARLES SOMERS' NOTICE OF MOTION AND MOTION TO
COMPEL DEFENDANT DR. J A M E S LONGORIA'S FURTHER RESPO^ TO SPECIAL
5 INTERROGATORY NO. 44
6 BY FAX: by transmitting via facsimtie the d,ocument(s) listed above to the fax
• number(s) set forth below on this date'before 5:00 p.m.
7
BY E-,MAlL; byfransmittingvia my elecfronic service address
8 • (lcortez@dpwneybrand.corii) the dbcument(s) listed above to the person(s) at the
e-mail address(es) set forth below.
9
BY MAIL: by placing the document(s) listed above in a sealed envelope with
10 • postage therebn fiilly prepaid, in the United States mail at iSacramento, Califomia
addressed ais set fortii beldvv.
11
BY OVERNIGHT MAIL: by causing dpcument(s) to be picked up by an
12 • ovemight delivery service company for delivery tO the addressee(s) oh the next
OH business day.
h-l 13
h-l
BY PERSOiyAL DELIVERY; by causing personal delivery by On Demand
Q
Z 14 HI Legal of the document(s) listed above to the person(s) at the address(es) set forth
< belOw.
Pi 15
pa
>- Attorneys for Defendant. PR: JAMES LONGORLi
Ui 16
Mark E. ElHs
z 17 Ellis Law Group LLP
1425 River Park Dr., Ste 400
o 18 Sacramento, CA 958'l 5-4524
Q
Ph: (916) 283-8820
19 Fax: (916) 283-8821
mellis@ellislawgrp.com
20
21 I am readily familiar with thefirm'spractice, of collection and processing correspondence
for mailing. Under that practice it would'be deposited with.the U.S. Postal Service pn that same
22 day with postage .thereon'fully prepaid ,ifi the ordinary bourse I am aware thkt on
motion of the party servedj service is presumed ^ Cancellation date or postage
23 meter date is mbre than one day after date Of deposit for mailing in affidavit.
24 I declare under penalty of perjury imder the laws of the State of Califomia that the above
is trae and correct.
25
Executed on October 11, 2019, at Sacramentp, Califomia.
26
27
28 Liiida Cortez
1536099.1
PROOF OF SERVICE
Preview
1 DOWNEY BRAND LLP FILED WILLIAM R. WARNE (Bar No; 141280) EHOORSED 2 ANNIE S. AMARAL (Bar No. 2381'89) BRADLEY C. CARROLL (Bar No. 300658) 25I;30CT 11 m\t'UM 3 621 Capitol Mall, 18th Floor . Sacramento, CA 95814-4731 SUPERIOR COURT CF CAUFORNIA eOUHTY-'CF SACRAhEHiO 4 Telephone: 916.444:1000 Facsimile: 916.444.2100 5 bwame@dowheybrand.com aamaral@downeybrand.com 6 bcarroll@downeybrand.com 7 Attomeys for Plaintiff CHARLES SOMERS, individually and astiaisteefor the 8 CHARLES SOMERS LIVING TRUST 9 SUPERIOR COURT OF CALIFORNL\ 10 COUNTY OF SACRAMENTO 11 12 CHARLES SOMERS, individually and as" CASE NO; 34-2018-00229212 OH trastee for the CHARLES SOMERS hJ' 13 LIVING TRUST, PLAINTIFF CHARLES SOMERS'S hJ Q NiDTICE OF MOTION AND MOTION TO Z 14 Plaintiff, COMPEL DEFENDANT DR. JAMES < LONGORIA'S FURTHER RESPONSE TO Pi CQ 15 SPECIAL INTERROGATORY NO. 44 W 16 DR. JAMES.LONGORIA, an individual, Z and DOES f-10. Date: November 5, 2019 17 Time: - 9:00 a.m. o Defendant. Dept.: 54 Q 18 Complaint Filed: March 16, 2018 19 Trial Date: March 16, 2020 20 21 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 22 PLEASE TAKE NOTICE tiiat, on Tuesday, November 5, 2019, at 9:00 a.m., or as soon 23 thereafter as the matter may be heard, in Department 54 of the above-entitied Court, located at 24 813 6th Sfreet, Second Floor, Sacramento, Califomia, 958,14, Plaintiff CHARLES SOMERS 25 ("Plaintiff') will, arid hereby does, move this Court for an order compelling Defendant DR. 26 JAMES LONGORIA ("Defendant") to a provide fiirther response to Special Interrogatory No. 27 44, pursuant to Code of Civil Procediire § 2030.300. 28 /// NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSE TO SP. INTERROGATORY NO. 44 1 This motion is made pursuant to Code of Civil Procedure section 2030.300, and is brought 2 because Defendant's responses do not comply with the requirements imposed by the Discovery 3 Act. 4 This Motion will be based on this Notice of Motion and Motion; the accompanying 5 Memorandum of Points and Authorities; the accompanying Declaration of Bradley C. Carroll and 6 all exhibits thereto; the accompanying Separate Statement; all of the documents and materials set 7 forth in the Court's file in this matter; and on such other argument and oral and documentary 8 evidence as the Court will allow at thetimeof the hearing on this Motion. 9 Pursuant to Local Rule 1.06 (A), the Court will make a tentativeratingon the merits of 10 this matter by 2:00 p.m., the court day before the hearing. The complete text of the tentative 11 ratings for the department may be dovmloaded from the Court's public access site. If you do not 12 have online access, you may call the dedicated phone number for the department as referenced in OH 13 the local telephone directory, between the hours of 2:00 p.m. and 4:00 p.m. on the court day h-l Q 14 z < before the hearing and listen to the tentative rating. If you do not call the court and the opposing Pi 15 party by 4:00 p.m. the coiirt day before the hearing, no hearing will be held. w 16 Z o 17 DATED: October 11, 2019 DOWNEY BRAND LLP Q 18 19 By:_ 20 WILLIAM R. WARNE ANNIE S. AMARAL 21 BRADLEY C. CARROLL Attomeys for Plaintiff 22 CHARLES SOIS^ERS, individually and as trustee for the CHARLES SOMERS LFVING TRUST 23 24 25 26 27 28 NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSE TO SP. INTERROGATORY NO. 44 1 PROOF OF SERVICE 2 I am a resident of the State pf California, oyer the age of eighteen years,; and not a party to the within action. My business address is Dovvney Brand LLP, 621 Gapitbl Mall, 18th Floor, 3 Sacramento, Califomia; 95814-4731. On October 11, 2019,1 served tiie within docunierit(s): 4 PLAINTIFF CHARLES SOMERS'S NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT DR. JAMES LONGORIA'S 5 FURTHER RESPONSE TO SPECIAL INTERROGATORY NO. 44 6 BY FAX; by transmitting via facsimile the document(s) listed above to the fax • number(s) set forth below on this date before 5:00 p.m. 7 BY E-MAIL: hy transmitting yia my elecfronic service address 8 • (tchacori@downeybrand'com) the dbcument(sii listed above to the person(s) at the e-niail address(es) set forth below. 9 BY M A I L : by placing the document(s) listed above in a sealed envelope with 10 • postage thereon fully prepaid^ in the United States mail at Sacramento, Califomia addressed as set fortii below. 11 BY OVERNIGHT M A I L : by causing document(s) to be picked up by an 12 • ovemight delivery service corhpariy for delivery to the addressee(s) on the next OH business day. h-l 13 h-l Q BY PERSONAL DELIVERY; by causing personal delivery by On Demand Z 14 Legal of the document(s) listed above to tiie person(s) at the address(es) set forth < below. Oil 15 pa Attorneys for Defendant. DR. JAMES LONGORIA 16 Z Mark E. EUis o 17 Ellis Law Group LLP Q 1425 River Park Dr., Ste 400 18 Sacramento, CA 958,15-4524 Ph: (916) 283-8820/ Fax: (916) 283-8821 19 mellis@ellislawgrp.com 20 I am readily familiar; with the firm's practice of collection and processing corresppndence 21 for mailing. Under that practice:if would be deposited wiith the U;S. Postal Service on that same day with postage thereon fully prepaid.in the ordinary course^pf .M^ I arii a\yare that on 22 motion of the party served, service .is presumed caricellatipn date or postage meter date isriiorethan One day after date of (deposit for mailing in affidavit. 23 I declare under penalty of perjury under the laws of the State of Califomia that the above 24 is trae and correct. 25 Executed on October 11, 2019, at Sacramento, Califomia. 26 27 Linda Cortez 28 PROOF OF SERVICE 1 PROOF OF SERVICE 2 I am a resident, ofthe State pf Califomia, over the age of eighteen years, and npt a party to the within action. My business address lis Dbwriey Brand LLP, 6^1 Ca^ i Sth Floor, 3 Sacramento, Califomia, 95814-4731. On October 11,2019^ I served the within document(s): 4 PLAINTIFF CHARLES SOMERS' NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT DR. J A M E S LONGORIA'S FURTHER RESPO^ TO SPECIAL 5 INTERROGATORY NO. 44 6 BY FAX: by transmitting via facsimtie the d,ocument(s) listed above to the fax • number(s) set forth below on this date'before 5:00 p.m. 7 BY E-,MAlL; byfransmittingvia my elecfronic service address 8 • (lcortez@dpwneybrand.corii) the dbcument(s) listed above to the person(s) at the e-mail address(es) set forth below. 9 BY MAIL: by placing the document(s) listed above in a sealed envelope with 10 • postage therebn fiilly prepaid, in the United States mail at iSacramento, Califomia addressed ais set fortii beldvv. 11 BY OVERNIGHT MAIL: by causing dpcument(s) to be picked up by an 12 • ovemight delivery service company for delivery tO the addressee(s) oh the next OH business day. h-l 13 h-l BY PERSOiyAL DELIVERY; by causing personal delivery by On Demand Q Z 14 HI Legal of the document(s) listed above to the person(s) at the address(es) set forth < belOw. Pi 15 pa >- Attorneys for Defendant. PR: JAMES LONGORLi Ui 16 Mark E. ElHs z 17 Ellis Law Group LLP 1425 River Park Dr., Ste 400 o 18 Sacramento, CA 958'l 5-4524 Q Ph: (916) 283-8820 19 Fax: (916) 283-8821 mellis@ellislawgrp.com 20 21 I am readily familiar with thefirm'spractice, of collection and processing correspondence for mailing. Under that practice it would'be deposited with.the U.S. Postal Service pn that same 22 day with postage .thereon'fully prepaid ,ifi the ordinary bourse I am aware thkt on motion of the party servedj service is presumed ^ Cancellation date or postage 23 meter date is mbre than one day after date Of deposit for mailing in affidavit. 24 I declare under penalty of perjury imder the laws of the State of Califomia that the above is trae and correct. 25 Executed on October 11, 2019, at Sacramentp, Califomia. 26 27 28 Liiida Cortez 1536099.1 PROOF OF SERVICE