Preview
G. Andrew Slater #238126 E-FILED
DOWLING AARON INCORPORATED
8080 North Palm Avenue, Third Floor
2/20/2018 3:08 PM
P.O. Box 28902 FRESNO COUNTY SUPERIOR COURT
Fresno, California 93729-8902 By: S. Lopez, Deputy
Tel: (559) 432-4500
Fax: (559) 432-4590
aslater@dowlingaaron.com
Attorneys for Defendant
CITY NATIONAL BANK
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF FRESNO
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11 SURJIT BAGGA, Case No. 16CECG03336
12 Plaintiff, NOTICE OF MOTION AND MOTION FOR
ORDER COMPELLING RESPONSE TO
13 Vv. INTERROGATORIES, AND FOR
MONETARY SANCTION, SUPPORTING
14 CITY NATIONAL BANK, FRESNO DECLARATION OF G. ANDREW
MANAGEMENT COMPANY, a California SLATER, AND MEMORANDUM
15 Corporation; Ray Hutchins, an individual,;
James Krause, an individual; and DOES 1- Date: April 17, 2018
16 100, inclusive, Time: 3:30 p.m.
Dept: 402
17 Defendants. Judge: Hon. Jeffrey Hamilton
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19 TO PLAINTIFF, SURJIT BAGGA, AND TO HER ATTORNEY OF
20 RECORD:
21 NOTICE IS HEREBY GIVEN that on April 17, 2018 at 3:30 p.m., or as soon
22 thereafter as the matter may be heard, in Department 402 of this court, located at 1130 “O”
23 Street, Fresno, California 93724 Defendant City National Bank will, and hereby does, move
24 for an order compelling Plaintiff to serve on them response to Form Interrogatories, Set One
25 and Special Interrogatories, Set One, which it served on Plaintiff on November 7, 2017, and
26 will further move this court for an order requiring Plaintiff and/or her attorney, Margarita
27 Salazar, to pay a monetary sanction to Defendant City National Bank. The motion will be
28 made on the grounds that Plaintiff has failed to serve a timely response to the above-described
MOTION FOR ORDER COMPELLING RESPONSE TO INTERROGATORIES AND FOR
MONETARY SANCTION, SUPPORTING DEC. OF G. ANDREW SLATER, AND MEMORANDUM
interrogatories and requests.
The motion will be based on this notice of motion, on the declaration of
and on
G. Andrew Slater and the memorandum set forth below, on the records and file herein,
such evidence as may be presented at the hearing of the motion.
Dated: February 70, 2018 DOWLING AARON INCORPO!
By:
G. Andrew, iter
Attorne’‘or Defendant
CITY NATIONAL BANK
10
ll SUPPORTING DECLARATION OF G. ANDREW SLATER
12 I, G. Andrew Slater, declare:
13 1 I am an attorney at law duly admitted to practice before all the court of
City National Bank
14 the State of California and the attorney of record herein for Defendant
15 (“CNB”).
2 On November 7, 2017 Defendant CNB served its first set of Form
16
Special Interrogatories, on Plaintiff Surjit Bagga. A copy of those
17 Interrogatories,
Exhibit A and made a
18 interrogatories, with proof of service are attached to this declaration as
19 part hereof. Responses were due on December 12, 2017.
sent
20 On December 5, 2018 counsel for Mrs. Bagga, Margarita Salazar,
3
the discovery. A true and
21 an email requesting a thirty (30) day extension of time to respond to
The extension was granted.
22 correct copy of Ms. Salazar’s email is attached hereto as Exhibit B.
23 No responses were received.
24 4 On January 18, 2018, I sent a meet and confer letter to counsel for
25 Mrs. Bagga regarding the failure to respond. A true and correct copy of my meet and confer
26 letter is attached hereto as Exhibit C.
27 On January 26, 2018, Ms. Salazar responded to my meet and confer
5
February 2, 2018. A true
28 letter via email promising responses to the discovery no later than
MOTION FOR ORDER COMPELLING RESPONSE TO INT! ERROGATORIES AND FOR
MONETARY SANCTION, SUPPO RTING DEC. OF G. ANDRE W SLATER, AND MEMORANDUM
and correct copy of Ms. Salazar’s email is attached hereto as Exhibit D.
6 On February 5, 2018, I followed up via email regarding the lack of
On
responses. A true and correct copy of my email is attached hereto as Exhibit E.
9, 2018. A true
February 6, 2018, Ms. Salazar responded and promised responses by February
and correct copy of Ms. Salazar’s email is attached hereto as Exhibit F.
2018, Ms. Salazar stated she hoped to have the
7 On February 12,
responses ready that day, they were not. A true and correct copy of Ms. Salazar’s email is
attached hereto as Exhibit G.
8 On February 14, 2018, I requested a status update. A true and correct
Salazar indicated she
10 copy of my email is attached hereto as Exhibit H. On that same day, Ms.
client. A true and correct
11 was still working on responses but was having trouble reaching her
12 copy of Ms. Salazar’s email is attached hereto as Exhibit I.
no
13 9 Over two months have passed since the initial production date and
14 responses have been received.
in the
15 Defendant CNB bases its request for the imposition of a sanction
10.
($1500), preparing a
16 amount of $3,500 on for the cost of preparing this Motion to Compel
to attend a hearing on this
17 Reply (estimated $1000) to any Opposition filed by Mrs. Bagga, and
18 Motion (estimated $1000).
nia that
19 I declare under penalty of perjury under the laws of the State of
20 the foregoing is true and correct.
21 Dated: February 20 , 2018
By
22 . Andrew Slater
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ION
MOTION FOR ORDER COMPELLING RESPON SE TO EW INTERROGATORIES AND FOR
SUPPO RTING DEC. OF G. ANDR SLATER, AND MEMORANDUM
MONETARY SANCTION,
MEMORANDUM IN SUPPORT OF MOTION
PLAINTIFF HAS FAILED TO SERVE A TIMELY RESPONSE TO
DEFENDANT’S FORM INTERROGATORIES, SET ONE, AND SPECIAL
INTERROGATORIES, SET ONE, AND THUS THE COURT SHOULD MAKE AN ORDER
COMPELLING A RESPONSE AND IMPOSING A MONETARY SANCTION FOR THE
FAILURE TO RESPOND.
A Party May Move for Order Compelling Response _and for Monetary
Sanction.
When a party makes an inspection demand under Section 2031.010 of the Code
10 of Civil Procedure, propounds written interrogatories under Section 2030.010, requests for
ll admissions under Section 2033.010, and the party to whom the demand is directed fails to
12 respond, the demanding party may move for an order compelling response and for a monetary
13 sanction under Sections 2023.030, 2033.280, 2031.300 and 2030.290 of the Code of Civil
14 Procedure (Code Civ. Proc. § 2031.300.) The failure to respond is considered a misuse of the
15 discovery process under Section 2023.010 (d) of the Code of Civil Procedure.
16 On November 7, 2017, defendant City National Bank propounded Form
17 Interrogatories, Set One; Special Interrogatories, Set One; Requests for Admission, Set One;
18 and Request for Production of Documents, Set One on plaintiff, Surjit Bagga. Responses were
19 due on December 12, 2017. No responses were received. On December 5, 2018 counsel for
20 Mrs. Bagga sent an email requesting a thirty (30) day extension of time to respond to the
21 discovery. The extension was granted, but no responses were received.
22 On January 18, 2018, the attorney from City National Bank sent a meet and
23 confer letter to counsel for Mrs. Bagga regarding the failure to respond. On January 26, 2018,
24 counsel for Mrs. Bagga responded promising responses to the discovery no later than
25 February 2, 2018. On February 5, 2018, counsel for City National Bank followed up again
26 regarding the lack of responses. On February 6, 2018, counsel for Mrs. Bagga responded and
27 promised responses by February 9, 2018. On February 12, 2018, counsel for Mrs. Bagga stated
28 she hoped to have the responses ready that day, they were not. On February 14, 2018, counsel
DOwLI
MOTION FOR ORDER COMPELLING RESPONSE TO INTERROGATORIES AND FOR
MONETARY SANCTION, SUPPORTING DEC. OF G. ANDREW SLATER, AND MEMORANDUM
for City Nation Bank requested a status update. On that same day, counsel for Mrs. Bagga
indicated she was still working on responses but was having trouble reaching her client.
Over two months have passed since the original production date and no
responses have been received. City National Bank, which has been patient with counsel for
Mrs. Bagga in regard to the responses to discovery, as well as several other matters in this
lawsuit, can no longer wait on these responses. This case needs to be moved forward and the
court should compel responses and impose sanctions.
B. Waiver of Objection to Demand.
9 When the party to whom an inspection demand, request for admission and/or
10 written interrogatories have been directed fails to serve a timely response to it, that party
11 waives any objection to the demand, including one based on privilege or on the protection for
12 work product under Section 2018.010 et seq. of the Code of Civil Procedure (Code Civ. Proc.
13 Sections 2033.280, 2031.300 and 2030.290.) Thus, Mrs. Bagga has waived said objections.
14 Cc Court Must Impose Monetary Sanction Absent Specified Findings.
15 The court must impose a monetary sanction under Section 2023.030 of the Code
16 of Civil Procedure against any party, person, or attorney who unsuccessfully opposes a motion
17 to compel a response to an inspection demand, unless it finds that the one subject to the
18 sanction acted with substantial justification or that other circumstances make the imposition of
19 the sanction unjust (Code Civ. Proc. §§ 2023.030(a), 2030.290(c), 2031.300(c), and
20 2033.280(c).) As stated above, sanctions are proper in this matter.
21 D Court May Impose Sanctions Despite Lack of Opposition to Motion to
Compel Discovery.
22
23 The court may award sanctions under the Discovery Act in favor of a party who
or
24 files a motion to compel discovery, even though no opposition to the motion was filed,
to the
25 opposition to the motion was withdrawn, or the requested discovery was provided
26 moving party after the motion was filed (Cal. Rules of Ct., Rule 3.1030(a).)
27 Mil
28 Mil
Seen ae
MOTION FOR ORDER C (OMPELLING RESPONSE TO INTERROGATORIES AND FOR
MONETARY SANCTION, SUPPORTIN iG DEC. OF G. ANDREW SLATER, AND MEMORANDUM
1 E. Conclusion.
2 Based on the above, and any further argument or evidence presented at hearing,
3 City National Bank respectfully requests the court compel Mrs. Bagga to respond and impose
4 sanctions on Mrs. Bagga and her counsel for the misuse of discovery.
5
Dated: February 2 , 2018 DOWLING AARON JNCORP: TED_
7
By
8 rew Slater
orney for Defendant
9 CITY NATIONAL BANK
10
ll 014939-000004\02071226.DOCX.
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DOWLINGI AARON
au MOTION FOR ORDER COMPELLING RE! SPONSE TO INTERROGATORIES AND FOR
MONETARY SANCTION, SUPPORTING DEC. OF G. ANDREW SLATER, AND MEMORANDUM
Exhibit A
G. Andrew Slater #238126
DOWLING AARON INCORPORATED
8080 North Palm Avenue, Third Floor
P.O. Box 28902
Fresno, California 93729-8902
Tel: (559) 432-4500
Fax: (559) 432-4590
aslater@dowlingaaron.com
Attorneys for Defendant
CITY NATIONAL BANK
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF FRESNO
10
ll SURJIT BAGGA, Case No. 16CECG03336
12 Plaintiff, DEFENDANT CITY NATIONAL BANK’S
REQUESTS FOR PRODUCTION OF
13 Vv. DOCUMENTS TO PLAINTIFF SURJIT
BAGGA, SET ONE
14 CITY NATIONAL BANK, FRESNO
MANAGEMENT COMPANY, a California
15 Corporation; Ray Hutchins, an individual,;
James Krause, an individual; and DOES 1-
16 100, inclusive,
17 Defendants.
18
19 PROPOUNDING PARTY: Defendant CITY NATIONAL BANK
20 RESPONDING PARTY: Plaintiff SURJIT BAGGA
21 SET NUMBER: ONE (1)
22 REQUESTS FOR PRODUCTION OF DOCUMENTS
23 Pursuant to Section 2031.010, ef seq. of the California Code of Civil Procedure,
24 Defendant, CITY NATIONAL BANK (“CNB”), hereby demands the production and
25 inspection of the documents identified below. The originals of all responsive documents (or
26 copies if the originals are not available) shall be produced at the offices of Dowling Aaron
27 Incorporated, counsel for Plaintiffs, located at 8080 North Palm Avenue, Third Floor, Fresno,
28 California, 93711 within thirty (30) days.
DOwLII ARON
mses
DEFENDANT CITY NATIONAL BANK’S REQUESTS FOR PRODUCTION OF DOCUMENTS TO
PLAINTIFF SURJIT BAGGA, SET ON
These requests are made in accordance with the provisions of California Code of
Civil Procedure section 2031.010, et seg. These requests are made on the ground that all of the
documents responsive to the categories described below are believed to be in the possession,
custody, or control of Plaintiff, SURJIT BAGGA. CNB believes that the responsive documents
are not privileged or protected from discovery, are relevant to the subject matter involved in
this action, and are either admissible as evidence or reasonably calculated to lead to the
discovery of admissible evidence.
PLEASE NOTE: California Code of Civil Procedure section 2031.010, ef seq.,
requires two acts for compliance with this request:
10 a) Service of a written response under oath within thirty (30) days; and
11 2) Production of documents or tangible things on or before the date of
12 production specified above.
13 The following instructions are to be followed when responding to this Request
14 for Production of Documents:
15 The documents requested are those currently in the possession or control, actual
16 or constructive, of Mrs. Bagga, up to and including the date of its response hereto, including
17 those in the possession, custody or control of its attorneys, accountants, consultants, insurance
18 carriers, medical providers, or others acting on Mrs. Bagga’s behalf.
19 If any privilege is relied upon as a ground for failure to produce any documents
20 called for by this request, the response hereto shall furnish information concerning such
21 documents sufficient to identify it and permit the adjudication of the propriety of such privilege
22 claim, including: (a) the date the document was prepared and the date it bears if they are
23 different; (b) the name of the author of the document; (c) the name of the signature of the
24 document; (d) the name of each addressee, copyee, the person who has seen the document or
25 actual recipient; (e) the type or form of document (¢.g., letter, memorandum, et cetera); (f) its
26 present location and the identity of its custodian; (g) the subject matter without revealing the
27 information as to which privilege or other protection is claimed; (h) the privilege or protection
28 Mrs. Bagga claims permits withholding of the documents; (i) any additional facts on which
DOWLING| BARON
DEFENDANT CITY NATIONAL BANK’S REQUESTS FOR PRODUCTION OF DOCUMENTS TO
PLAINTIFF SURJIT BAGGA, SET ON
Mrs. Bagga will rely to support her claim of privilege or other protection.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 1:
Any and all DOCUMENTS identified in YOUR responses to Special
Interrogatories, Set One, served concurrently herewith.
As used herein, the terms “YOU” and “YOUR” refer to Surjit Bagga, and her
agents, attorneys, representatives and anyone else acting on her behalf.
As used herein, the terms “ DOCUMENT(S)” mean the original or a copy of
any record or communication, including records of any telephonic communication, that would
be a “ writing,” “ recording,” or “ photograph” as provided by Evidence Code section 250, and
10 shall include, without limitation, originals, duplications or copies (with or without notes or
11 changes thereon), drafts, working papers, routing slips, handwritings, typewritings, printings,
12 photocopies, photographs, and similar materials, as well as data stored on cards, disks,
13 magnetic tapes or computer storage media, digital media, email, interoffice memoranda, and
14 every other means of recording upon any tangible thing and form of communicating or
15 representation, including letter, words, pictures, sounds, or symbols, or combination of them.
16 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 2:
17 Any and all DOCUMENTS identified in YOUR responses to Form
18 Interrogatories, Set One, served concurrently herewith.
19 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 3:
20 Any and all DOCUMENTS related to YOUR loan from Imperial Capital (now
21 owned by City National Bank).
22 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 4:
23 Any and all DOCUMENTS related to payments made by YOU on YOUR loan
24 from City National Bank.
25 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 5:
26 Any and all DOCUMENTS related to YOUR maintenance of the PROPERTY.
27 As used herein “PROPERTY” shall mean the real property located at 5358-5376
28 N. 6" Street, Fresno, California 93710.
TO
DEFENDANT CITY NATIONAL BANK’S REQUESTS FOR PRODUCTION OF DOCUMENTS
LAINTIFF SURJIT BAGGA, SET ON’
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 6:
Any and all DOCUMENTS related to repairs YOU made to the PROPERTY.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 7:
Any and all DOCUMENTS related to the condition of the PROPERTY at the
time City National Bank began foreclosure proceedings against YOU.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 8:
Any and all DOCUMENTS related to police reports for incidents that occurred
on the PROPERTY.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 9:
10 Any and all DOCUMENTS related to leases for occupants of the PROPERTY.
11 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 10:
12 Any and all COMMUNICATIONS between YOU and City National Bank
13 related to YOUR loan originally from Imperial Capital Bank now owned by City National
14 Bank.
15 As used herein, “COMMUNICATION” or “COMMUNICATIONS” mean any
16 transmission or exchange of information between two (2) or more individuals and/or entities
17 either orally or in writing. This term is meant to include, but is not limited to, any conversation
18 or discussion, whether face-to-face or by means of telephone, letter, telecopier, telefax,
19 electronic mail (e-mail) or other media. The terms "COMMUNICATION" or
20 “COMMUNICATIONS” further refer to the original or a copy of any record or
21 COMMUNICATION, including records of any correspondence, telephonic
22 COMMUNICATION, that would be a "writing," "recording," or "photograph" as provided by
23 Evidence Code section 250, and shall include, without limitation, originals, duplications or
24 copies (with or without notes or changes thereon), drafts, working papers, routing slips,
25 handwritings, typewritings, printings, photocopies, photographs, and similar materials, as well
26 as data stored on cards, disks, magnetic tapes or computer storage media, digital media, email,
27 interoffice memoranda, and every other means of recording upon any tangible thing and form
28 of communicating or representation, including letter, words, pictures, sounds, or symbols, or
DEFENDANT CITY NATIONAL BANK’S REQUESTS FOR PRODUCTION OF DOCUMENTS TO
PLAINTIFF SURJIT BAGGA, SET ONE
combination of them.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 11:
Any and all COMMUNICATIONS between YOU and Imperial Capital Bank
related to YOUR loan from Imperial Capital Bank.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 12:
Any and all COMMUNICATIONS between YOU and the FDIC related to
YOUR loan from Imperial Capital Bank.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 13:
Any and all COMMUNICATIONS between YOU and any third-party related to
10 YOUR loan from Imperial Capital Bank.
11 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 14:
12 Any and all COMMUNICATIONS between YOU and City National Bank
13 related to the PROPERTY.
14 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 15:
15 Any and all COMMUNICATIONS between YOU and the FDIC related to the
16 PROPERTY.
17 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 16:
18 Any and all COMMUNICATIONS between YOU and Ray Hutchins related to
19 the PROPERTY.
20 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 17:
21 Any and all COMMUNICATIONS between YOU and James Kruse related to
22 the PROPERTY.
23 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 18:
24 Any and all COMMUNICATIONS between YOU and Fresno Management
25 Company related to the PROPERTY.
26 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 19:
27 Any and all COMMUNICATIONS between YOU and Jefferson Gann related to
28 the PROPERTY.
RON
DEFENDANT CITY NATIONAL BANK’S REQUESTS FOR PRODUCTION OF DOCUMENTS TO
PLAINTIFF SURJIT BAGGA, SET ON
1 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 20:
2 Any and all COMMUNICATIONS between YOU and City National Bank
3 related to the foreclosure on the PROPERTY.
Dated: November 7, 2017 DOWLING AARON INCORPQRAT.
By
Slater
ey for Defendant
8 Y NATIONAL BANK
9
014939-000004\02299252.DOCX.
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DOWLING: ON
3
TO
DEFENDANT CITY NATIONAL BANK’S RE! UESTS FOR PRODUCTION OF DOCUMENTS
PLAINTIFF SU: R. IT BAGGA, SET ONE
PROOF OF SERVICE
STATE OF CALIFORNIA )
S
COUNTY OF FRESNO )
I am a citizen of the United States and a resident of the County aforesaid; I am over the
age of eighteen (18) years and not a party to the within-entitled action. My business address is
Dowling Aaron Incorporated, 8080 N. Palm Avenue, Third Floor, Fresno, California, 93711. On
November 7, 2017, I served the within document(s):
DEFENDANT CITY NATIONAL BANK’S REQUESTS FOR PRODUCTION OF
DOCUMENTS TO PLAINTIFF SURJIT BAGGA, SET ONE
O BY FAX: By transmitting via facsimile transmission the document(s) listed above to the
fax number(s) set forth below on this date before 5:00 p.m.
BY MAIL: By placing the document(s) listed above in a sealed envelope with postage
10 thereon fully prepaid, in the United States mail at Fresno, California, addressed as set
forth below.
11
BY E-MAIL: I caused to be transmitted by electronic mail the document(s) listed above
12 to the name(s) and e-mail address(es) set forth below on this date. The electronic
transmission was reported as complete and without error.
13
Oo BY OVERNIGHT COURIER: By causing the document(s) listed above to be picked
14 up by an overnight courier service company for delivery to the address(es) listed below
on the next business day.
15
Margarita Salazar, Esq.
16 Law Offices Of Margarita Salazar, APLC
333 H Street, Suite 5000
17 Chula Vista, California 91910
Telephone: (619) 551-7023-9578
18 Facsimile: (877) 264-4695
Email: margarita@msalazarlaw.com
19
Attorney for Plaintiff
20 SURJIT BAGGA
21 I am readily familiar with the firm’s practices of collection and processing of
correspondence for mailing. Under that practice, it would be deposited with the United States
22 Postal Service on that same day with postage thereon fully prepaid in the ordinary course of
business. I am aware that on motion of the party served, service is presumed invalid if postal
23 cancellation date or postage meter date is more than one day after date of deposit for mailing in
affidavit.
24
I declare under penalty of perjury under the laws of the State of California that the
25 foregoing is true and correct.
kyPn UY
26 Executed on November 7, 2017, at Fresno, Califo:
27
28
a YL
ellie M. Jacques
GES C2) LL
014939-000004\02071205.DOCX.
Exhibit B
Nellie M. Jacques
From: G Andrew. Slater
Sent: Tuesday, December 05, 2017 2:33 PM
To: Margarita Salazar
Ce: celeste@msalazarlaw.com
Subject: RE: Bagga / CNB
That is fine. Please provide a written confirmation and stipulation.
~Andy
G. Andrew Slater
Dowling Aaron Incorporated
8080 N. Palm Ave. Third Floor
Fresno, CA 93711
559.432.4500 (Office)
559.432.4590 (Fax)
aslater@dowlingaaron.com
www,.dowlingaaron.com
Fresno| Downtown Fresno| Sacramento |Visalia | Bakersfield
sie
From: Margarita Salazar zarlaw.com
Sent: Tuesday, December 05, 2017 2:30 PM
To: G Andrew. Slater
Cc: celeste@msalazarlaw.com
Subject: Re: Bagga / CNB
Dear Andrew,
Can | please get more time for the discovery responses? 30 days?
Also, are you willing to stip to continue the CMC?
or confirm service of process on
| have been traveling a lot for other cases and have not been able to get with my client
all the new parties.
Your progressional courtesy is appreciated.
Thank you.
-m
Margarita Salazar, Esq.
(619) 551-7023
On Aug 28, 2017, at 9:24 AM, G Andrew. Slater wrote:
1
Exhibit C
DOWLING| AARON
'NCGCORPORATEOD
ATTORNEYS AND COUNSELORS AT LAW
8080 North Palm Avenue, Third Floor
Fresno, CA 93711
P: 559.432.4500
F: 559.432.4590
www.dowlingaaron.com
WRITER'S E-Mail:
slat \dowlingaar: 1m, File No. 14939-004
January 18, 2018
YIA EMAIL AND FIRST CLASS MAIL
margarita@msalazarlaw.com
Margarita Salazar, Esq.
Law Offices of Margarita Salazar, APLC
333 H Street, Suite 5000
Chula Vista, California 93910
Re: Surjit Bagga v. City National Bank
Fresno County Superior Court Case No. 16CECG03336
Meet and Confer re: Written Discovery
Dear Ms. Salazar:
As you know, your client’s responses to written discovery (Form Interrogatories, Set
One; Requests for Admission, Set One; Request for Production, Set One; and Special
Interrogatories, Set One) were due on January 15, 2018. As of today’s date, January 18, 2018,
no responses have been received. As such, you have waived any objection to the written
discovery. (Code of Civil Procedure Section 2031.330.) Please provide responses, without
objection, no later than Friday, January 26, 2018, or I will be forced to file a motion to compel.
Thank you for your anticipated cooperation in this matter,
Very truly yours,
DOWLING,AARO a
_-__G-Andrew Slater
GAS:nmj
014939-000004\02344496,
DOCX.
North Fresno | Downtown Fresno | Sacramento |Visalia | Bakersfield
Exhibit D
Nellie M. Jacques
From: G Andrew. Slater
Sent: Thursday, February 15, 2018 3:27 PM
To: Nellie M. Jacques
Subject: FW: Bagga / CNB
G. Andrew Slater
Dowling Aaron Incorporated
8080 N. Palm Ave. Third Floor
Fresno, CA 93711
559.432.4500 (Office)
559.432.4590 (Fax)
aslater@dowlingaaron.com
www.dowlingaaron.com
Fresno| Downtown Fresno| Sacramento |Visalia | Bakersfield
—— ——
From: Margarita Salazar [mailto:margarita@msalazarlaw.com]
Sent: Friday, January 26, 2018 12:21 PM
To: G Andrew. Slater
Subject: Re: Bagga / CNB
Andrew,
My kid and mom were in the emergency room with flu and other issues. This was back to back. I have been, to
say the least, distracted and unable to respond. Sorry.
I can have the written discovery responses to you Next friday.
Thank you.
-—m
Margarita Salazar, Esq.
(619) 551-7023
On Dec 8, 2017, at 1:16 PM, G Andrew. Slater wrote:
This is fine. See attached.
G. Andrew Slater
Dowling Aaron Incorporated
8080 N. Palm Ave. Third Floor
Fresno, CA 93711
559.432.4500 (Office)
Exhibit E
Nellie M. Jacques
From: G Andrew. Slater
Sent: Monday, February 05, 2018 10:59 AM
To: Margarita Salazar
Subject: RE: Bagga / CNB
Margarita:
| still have not seen any discovery responses. Please let me know if you will be responding. If not, | will have no
choice but to bring a motion to compel.
-Andy
G. Andrew Slater
Dowling Aaron Incorporated
8080 N. Palm Ave. Third Floor
Fresno, CA 93711
559.432.4500 (Office)
559.432.4590 (Fax)
aslater@dowlingaaron.com
www.dowlingaaron.con
Fresno| Downtown Fresno| Sacramento | Visalia | Bakersfield
a ee a —
From: Margarita Salazar [mailto:margarita@msalazarlaw.com]
Sent: Friday, January 26, 2018 12:21 PM
To: G Andrew. Slater
Subject: Re: Bagga / CNB
Andrew,
My kid and mom were in the emergency room with flu and other issues. This was back to back. I have been, to
say the least, distracted and unable to respond. Sorry.
I can have the written discovery responses to you Next friday.
Thank you.
—-m
Margarita Salazar, Esq.
(619) 551-7023
On Dec 8, 2017, at 1:16 PM, G Andrew. Slater wrote:
This is fine. See attached.
Exhibit F
|
Nellie M. Jacques
From: G Andrew. Slater
Sent: Thursday, February 15, 2018 3:30 PM
To: Nellie M. Jacques
Subject: FW: Bagga / CNB
G. Andrew Slater
Dowling Aaron Incorporated
8080 N. Palm Ave. Third Floor
Fresno, CA 93711
559.432.4500 (Office)
559.432.4590 (Fax)
aslater@dowlingaaron.com
www.dowlingaaron,com
Fresno| Downtown Fresno| Sacramento | Visalia | Bakersfield
From: Margarita Salazar, Esq. [mailto:margarita@msalazarlaw.com]
Sent: Tuesday, February 06, 2018 12:56 PM
To: G Andrew. Slater
Subject: Re: Bagga / CNB
Andrew,
I'm sorry. I have been incredibly slammed. I will have this to you by Friday. Will you accept email service?
-m
.com> wrote:
On Mon, Feb 5, 2018 at 10:59 AM, G Andrew. Slater wrote:
On Feb 6, 2018, at 2:01 PM, G Andrew. Slater wrote:
Sure
G. Andrew Slater
Dowling Aaron Incorporated
8080 N. Palm Ave. Third Floor
Fresno, CA 93711
559.432.4500 (Office)
559.432.4590 (Fax)
aslater(@dowlingaaron.com
www.dowlingaaron.com
Fresno| Downtown Fresno| Sacramento |Visalia |Bakersfield
Exhibit I
Nellie M. Jacques
From: G Andrew. Slater
Sent: Thursday, February 15, 2018 3:36 PM
To: Nellie M. Jacques
Subject: FW: Bagga / CNB
G. Andrew Slater
Dowling Aaron Incorporated
8080 N. Palm Ave. Third Floor
Fresno, CA 93711
559.432.4500 (Office)
559.432.4590 (Fax)
aslate jowlins ron ck
www.dowlingaaron.com
|
Fresno| Downtown Fresno| Sacramento | Visalia Bakersfi eld
From: Margarita Salazar, Esq. [mailto:margarita@msalazarlaw.com]
Sent: Wednesday, February 14, 2018 3:12 PM
To: G Andrew. Slater
Subject: Re: Bagga / CNB
Andrew,
tely trying to get the responses and
1am sorry to keep you on hold. Please do not file your motion. I am despera
verifications to you but am having trouble getting a hold of my client.
I will try again and will let you know.
thank you for your patience.
-m
lingaaron.com> wrote:
On Wed, Feb 14, 2018 at 2:34 PM, G Andrew. Slater
Preview
G. Andrew Slater #238126 E-FILED DOWLING AARON INCORPORATED 8080 North Palm Avenue, Third Floor 2/20/2018 3:08 PM P.O. Box 28902 FRESNO COUNTY SUPERIOR COURT Fresno, California 93729-8902 By: S. Lopez, Deputy Tel: (559) 432-4500 Fax: (559) 432-4590 aslater@dowlingaaron.com Attorneys for Defendant CITY NATIONAL BANK SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO 10 11 SURJIT BAGGA, Case No. 16CECG03336 12 Plaintiff, NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING RESPONSE TO 13 Vv. INTERROGATORIES, AND FOR MONETARY SANCTION, SUPPORTING 14 CITY NATIONAL BANK, FRESNO DECLARATION OF G. ANDREW MANAGEMENT COMPANY, a California SLATER, AND MEMORANDUM 15 Corporation; Ray Hutchins, an individual,; James Krause, an individual; and DOES 1- Date: April 17, 2018 16 100, inclusive, Time: 3:30 p.m. Dept: 402 17 Defendants. Judge: Hon. Jeffrey Hamilton 18 19 TO PLAINTIFF, SURJIT BAGGA, AND TO HER ATTORNEY OF 20 RECORD: 21 NOTICE IS HEREBY GIVEN that on April 17, 2018 at 3:30 p.m., or as soon 22 thereafter as the matter may be heard, in Department 402 of this court, located at 1130 “O” 23 Street, Fresno, California 93724 Defendant City National Bank will, and hereby does, move 24 for an order compelling Plaintiff to serve on them response to Form Interrogatories, Set One 25 and Special Interrogatories, Set One, which it served on Plaintiff on November 7, 2017, and 26 will further move this court for an order requiring Plaintiff and/or her attorney, Margarita 27 Salazar, to pay a monetary sanction to Defendant City National Bank. The motion will be 28 made on the grounds that Plaintiff has failed to serve a timely response to the above-described MOTION FOR ORDER COMPELLING RESPONSE TO INTERROGATORIES AND FOR MONETARY SANCTION, SUPPORTING DEC. OF G. ANDREW SLATER, AND MEMORANDUM interrogatories and requests. The motion will be based on this notice of motion, on the declaration of and on G. Andrew Slater and the memorandum set forth below, on the records and file herein, such evidence as may be presented at the hearing of the motion. Dated: February 70, 2018 DOWLING AARON INCORPO! By: G. Andrew, iter Attorne’‘or Defendant CITY NATIONAL BANK 10 ll SUPPORTING DECLARATION OF G. ANDREW SLATER 12 I, G. Andrew Slater, declare: 13 1 I am an attorney at law duly admitted to practice before all the court of City National Bank 14 the State of California and the attorney of record herein for Defendant 15 (“CNB”). 2 On November 7, 2017 Defendant CNB served its first set of Form 16 Special Interrogatories, on Plaintiff Surjit Bagga. A copy of those 17 Interrogatories, Exhibit A and made a 18 interrogatories, with proof of service are attached to this declaration as 19 part hereof. Responses were due on December 12, 2017. sent 20 On December 5, 2018 counsel for Mrs. Bagga, Margarita Salazar, 3 the discovery. A true and 21 an email requesting a thirty (30) day extension of time to respond to The extension was granted. 22 correct copy of Ms. Salazar’s email is attached hereto as Exhibit B. 23 No responses were received. 24 4 On January 18, 2018, I sent a meet and confer letter to counsel for 25 Mrs. Bagga regarding the failure to respond. A true and correct copy of my meet and confer 26 letter is attached hereto as Exhibit C. 27 On January 26, 2018, Ms. Salazar responded to my meet and confer 5 February 2, 2018. A true 28 letter via email promising responses to the discovery no later than MOTION FOR ORDER COMPELLING RESPONSE TO INT! ERROGATORIES AND FOR MONETARY SANCTION, SUPPO RTING DEC. OF G. ANDRE W SLATER, AND MEMORANDUM and correct copy of Ms. Salazar’s email is attached hereto as Exhibit D. 6 On February 5, 2018, I followed up via email regarding the lack of On responses. A true and correct copy of my email is attached hereto as Exhibit E. 9, 2018. A true February 6, 2018, Ms. Salazar responded and promised responses by February and correct copy of Ms. Salazar’s email is attached hereto as Exhibit F. 2018, Ms. Salazar stated she hoped to have the 7 On February 12, responses ready that day, they were not. A true and correct copy of Ms. Salazar’s email is attached hereto as Exhibit G. 8 On February 14, 2018, I requested a status update. A true and correct Salazar indicated she 10 copy of my email is attached hereto as Exhibit H. On that same day, Ms. client. A true and correct 11 was still working on responses but was having trouble reaching her 12 copy of Ms. Salazar’s email is attached hereto as Exhibit I. no 13 9 Over two months have passed since the initial production date and 14 responses have been received. in the 15 Defendant CNB bases its request for the imposition of a sanction 10. ($1500), preparing a 16 amount of $3,500 on for the cost of preparing this Motion to Compel to attend a hearing on this 17 Reply (estimated $1000) to any Opposition filed by Mrs. Bagga, and 18 Motion (estimated $1000). nia that 19 I declare under penalty of perjury under the laws of the State of 20 the foregoing is true and correct. 21 Dated: February 20 , 2018 By 22 . Andrew Slater 23 24 25 26 27 28 ION MOTION FOR ORDER COMPELLING RESPON SE TO EW INTERROGATORIES AND FOR SUPPO RTING DEC. OF G. ANDR SLATER, AND MEMORANDUM MONETARY SANCTION, MEMORANDUM IN SUPPORT OF MOTION PLAINTIFF HAS FAILED TO SERVE A TIMELY RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE, AND SPECIAL INTERROGATORIES, SET ONE, AND THUS THE COURT SHOULD MAKE AN ORDER COMPELLING A RESPONSE AND IMPOSING A MONETARY SANCTION FOR THE FAILURE TO RESPOND. A Party May Move for Order Compelling Response _and for Monetary Sanction. When a party makes an inspection demand under Section 2031.010 of the Code 10 of Civil Procedure, propounds written interrogatories under Section 2030.010, requests for ll admissions under Section 2033.010, and the party to whom the demand is directed fails to 12 respond, the demanding party may move for an order compelling response and for a monetary 13 sanction under Sections 2023.030, 2033.280, 2031.300 and 2030.290 of the Code of Civil 14 Procedure (Code Civ. Proc. § 2031.300.) The failure to respond is considered a misuse of the 15 discovery process under Section 2023.010 (d) of the Code of Civil Procedure. 16 On November 7, 2017, defendant City National Bank propounded Form 17 Interrogatories, Set One; Special Interrogatories, Set One; Requests for Admission, Set One; 18 and Request for Production of Documents, Set One on plaintiff, Surjit Bagga. Responses were 19 due on December 12, 2017. No responses were received. On December 5, 2018 counsel for 20 Mrs. Bagga sent an email requesting a thirty (30) day extension of time to respond to the 21 discovery. The extension was granted, but no responses were received. 22 On January 18, 2018, the attorney from City National Bank sent a meet and 23 confer letter to counsel for Mrs. Bagga regarding the failure to respond. On January 26, 2018, 24 counsel for Mrs. Bagga responded promising responses to the discovery no later than 25 February 2, 2018. On February 5, 2018, counsel for City National Bank followed up again 26 regarding the lack of responses. On February 6, 2018, counsel for Mrs. Bagga responded and 27 promised responses by February 9, 2018. On February 12, 2018, counsel for Mrs. Bagga stated 28 she hoped to have the responses ready that day, they were not. On February 14, 2018, counsel DOwLI MOTION FOR ORDER COMPELLING RESPONSE TO INTERROGATORIES AND FOR MONETARY SANCTION, SUPPORTING DEC. OF G. ANDREW SLATER, AND MEMORANDUM for City Nation Bank requested a status update. On that same day, counsel for Mrs. Bagga indicated she was still working on responses but was having trouble reaching her client. Over two months have passed since the original production date and no responses have been received. City National Bank, which has been patient with counsel for Mrs. Bagga in regard to the responses to discovery, as well as several other matters in this lawsuit, can no longer wait on these responses. This case needs to be moved forward and the court should compel responses and impose sanctions. B. Waiver of Objection to Demand. 9 When the party to whom an inspection demand, request for admission and/or 10 written interrogatories have been directed fails to serve a timely response to it, that party 11 waives any objection to the demand, including one based on privilege or on the protection for 12 work product under Section 2018.010 et seq. of the Code of Civil Procedure (Code Civ. Proc. 13 Sections 2033.280, 2031.300 and 2030.290.) Thus, Mrs. Bagga has waived said objections. 14 Cc Court Must Impose Monetary Sanction Absent Specified Findings. 15 The court must impose a monetary sanction under Section 2023.030 of the Code 16 of Civil Procedure against any party, person, or attorney who unsuccessfully opposes a motion 17 to compel a response to an inspection demand, unless it finds that the one subject to the 18 sanction acted with substantial justification or that other circumstances make the imposition of 19 the sanction unjust (Code Civ. Proc. §§ 2023.030(a), 2030.290(c), 2031.300(c), and 20 2033.280(c).) As stated above, sanctions are proper in this matter. 21 D Court May Impose Sanctions Despite Lack of Opposition to Motion to Compel Discovery. 22 23 The court may award sanctions under the Discovery Act in favor of a party who or 24 files a motion to compel discovery, even though no opposition to the motion was filed, to the 25 opposition to the motion was withdrawn, or the requested discovery was provided 26 moving party after the motion was filed (Cal. Rules of Ct., Rule 3.1030(a).) 27 Mil 28 Mil Seen ae MOTION FOR ORDER C (OMPELLING RESPONSE TO INTERROGATORIES AND FOR MONETARY SANCTION, SUPPORTIN iG DEC. OF G. ANDREW SLATER, AND MEMORANDUM 1 E. Conclusion. 2 Based on the above, and any further argument or evidence presented at hearing, 3 City National Bank respectfully requests the court compel Mrs. Bagga to respond and impose 4 sanctions on Mrs. Bagga and her counsel for the misuse of discovery. 5 Dated: February 2 , 2018 DOWLING AARON JNCORP: TED_ 7 By 8 rew Slater orney for Defendant 9 CITY NATIONAL BANK 10 ll 014939-000004\02071226.DOCX. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DOWLINGI AARON au MOTION FOR ORDER COMPELLING RE! SPONSE TO INTERROGATORIES AND FOR MONETARY SANCTION, SUPPORTING DEC. OF G. ANDREW SLATER, AND MEMORANDUM Exhibit A G. Andrew Slater #238126 DOWLING AARON INCORPORATED 8080 North Palm Avenue, Third Floor P.O. Box 28902 Fresno, California 93729-8902 Tel: (559) 432-4500 Fax: (559) 432-4590 aslater@dowlingaaron.com Attorneys for Defendant CITY NATIONAL BANK SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO 10 ll SURJIT BAGGA, Case No. 16CECG03336 12 Plaintiff, DEFENDANT CITY NATIONAL BANK’S REQUESTS FOR PRODUCTION OF 13 Vv. DOCUMENTS TO PLAINTIFF SURJIT BAGGA, SET ONE 14 CITY NATIONAL BANK, FRESNO MANAGEMENT COMPANY, a California 15 Corporation; Ray Hutchins, an individual,; James Krause, an individual; and DOES 1- 16 100, inclusive, 17 Defendants. 18 19 PROPOUNDING PARTY: Defendant CITY NATIONAL BANK 20 RESPONDING PARTY: Plaintiff SURJIT BAGGA 21 SET NUMBER: ONE (1) 22 REQUESTS FOR PRODUCTION OF DOCUMENTS 23 Pursuant to Section 2031.010, ef seq. of the California Code of Civil Procedure, 24 Defendant, CITY NATIONAL BANK (“CNB”), hereby demands the production and 25 inspection of the documents identified below. The originals of all responsive documents (or 26 copies if the originals are not available) shall be produced at the offices of Dowling Aaron 27 Incorporated, counsel for Plaintiffs, located at 8080 North Palm Avenue, Third Floor, Fresno, 28 California, 93711 within thirty (30) days. DOwLII ARON mses DEFENDANT CITY NATIONAL BANK’S REQUESTS FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF SURJIT BAGGA, SET ON These requests are made in accordance with the provisions of California Code of Civil Procedure section 2031.010, et seg. These requests are made on the ground that all of the documents responsive to the categories described below are believed to be in the possession, custody, or control of Plaintiff, SURJIT BAGGA. CNB believes that the responsive documents are not privileged or protected from discovery, are relevant to the subject matter involved in this action, and are either admissible as evidence or reasonably calculated to lead to the discovery of admissible evidence. PLEASE NOTE: California Code of Civil Procedure section 2031.010, ef seq., requires two acts for compliance with this request: 10 a) Service of a written response under oath within thirty (30) days; and 11 2) Production of documents or tangible things on or before the date of 12 production specified above. 13 The following instructions are to be followed when responding to this Request 14 for Production of Documents: 15 The documents requested are those currently in the possession or control, actual 16 or constructive, of Mrs. Bagga, up to and including the date of its response hereto, including 17 those in the possession, custody or control of its attorneys, accountants, consultants, insurance 18 carriers, medical providers, or others acting on Mrs. Bagga’s behalf. 19 If any privilege is relied upon as a ground for failure to produce any documents 20 called for by this request, the response hereto shall furnish information concerning such 21 documents sufficient to identify it and permit the adjudication of the propriety of such privilege 22 claim, including: (a) the date the document was prepared and the date it bears if they are 23 different; (b) the name of the author of the document; (c) the name of the signature of the 24 document; (d) the name of each addressee, copyee, the person who has seen the document or 25 actual recipient; (e) the type or form of document (¢.g., letter, memorandum, et cetera); (f) its 26 present location and the identity of its custodian; (g) the subject matter without revealing the 27 information as to which privilege or other protection is claimed; (h) the privilege or protection 28 Mrs. Bagga claims permits withholding of the documents; (i) any additional facts on which DOWLING| BARON DEFENDANT CITY NATIONAL BANK’S REQUESTS FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF SURJIT BAGGA, SET ON Mrs. Bagga will rely to support her claim of privilege or other protection. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 1: Any and all DOCUMENTS identified in YOUR responses to Special Interrogatories, Set One, served concurrently herewith. As used herein, the terms “YOU” and “YOUR” refer to Surjit Bagga, and her agents, attorneys, representatives and anyone else acting on her behalf. As used herein, the terms “ DOCUMENT(S)” mean the original or a copy of any record or communication, including records of any telephonic communication, that would be a “ writing,” “ recording,” or “ photograph” as provided by Evidence Code section 250, and 10 shall include, without limitation, originals, duplications or copies (with or without notes or 11 changes thereon), drafts, working papers, routing slips, handwritings, typewritings, printings, 12 photocopies, photographs, and similar materials, as well as data stored on cards, disks, 13 magnetic tapes or computer storage media, digital media, email, interoffice memoranda, and 14 every other means of recording upon any tangible thing and form of communicating or 15 representation, including letter, words, pictures, sounds, or symbols, or combination of them. 16 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 2: 17 Any and all DOCUMENTS identified in YOUR responses to Form 18 Interrogatories, Set One, served concurrently herewith. 19 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 3: 20 Any and all DOCUMENTS related to YOUR loan from Imperial Capital (now 21 owned by City National Bank). 22 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 4: 23 Any and all DOCUMENTS related to payments made by YOU on YOUR loan 24 from City National Bank. 25 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 5: 26 Any and all DOCUMENTS related to YOUR maintenance of the PROPERTY. 27 As used herein “PROPERTY” shall mean the real property located at 5358-5376 28 N. 6" Street, Fresno, California 93710. TO DEFENDANT CITY NATIONAL BANK’S REQUESTS FOR PRODUCTION OF DOCUMENTS LAINTIFF SURJIT BAGGA, SET ON’ REQUEST FOR PRODUCTION OF DOCUMENTS NO. 6: Any and all DOCUMENTS related to repairs YOU made to the PROPERTY. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 7: Any and all DOCUMENTS related to the condition of the PROPERTY at the time City National Bank began foreclosure proceedings against YOU. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 8: Any and all DOCUMENTS related to police reports for incidents that occurred on the PROPERTY. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 9: 10 Any and all DOCUMENTS related to leases for occupants of the PROPERTY. 11 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 10: 12 Any and all COMMUNICATIONS between YOU and City National Bank 13 related to YOUR loan originally from Imperial Capital Bank now owned by City National 14 Bank. 15 As used herein, “COMMUNICATION” or “COMMUNICATIONS” mean any 16 transmission or exchange of information between two (2) or more individuals and/or entities 17 either orally or in writing. This term is meant to include, but is not limited to, any conversation 18 or discussion, whether face-to-face or by means of telephone, letter, telecopier, telefax, 19 electronic mail (e-mail) or other media. The terms "COMMUNICATION" or 20 “COMMUNICATIONS” further refer to the original or a copy of any record or 21 COMMUNICATION, including records of any correspondence, telephonic 22 COMMUNICATION, that would be a "writing," "recording," or "photograph" as provided by 23 Evidence Code section 250, and shall include, without limitation, originals, duplications or 24 copies (with or without notes or changes thereon), drafts, working papers, routing slips, 25 handwritings, typewritings, printings, photocopies, photographs, and similar materials, as well 26 as data stored on cards, disks, magnetic tapes or computer storage media, digital media, email, 27 interoffice memoranda, and every other means of recording upon any tangible thing and form 28 of communicating or representation, including letter, words, pictures, sounds, or symbols, or DEFENDANT CITY NATIONAL BANK’S REQUESTS FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF SURJIT BAGGA, SET ONE combination of them. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 11: Any and all COMMUNICATIONS between YOU and Imperial Capital Bank related to YOUR loan from Imperial Capital Bank. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 12: Any and all COMMUNICATIONS between YOU and the FDIC related to YOUR loan from Imperial Capital Bank. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 13: Any and all COMMUNICATIONS between YOU and any third-party related to 10 YOUR loan from Imperial Capital Bank. 11 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 14: 12 Any and all COMMUNICATIONS between YOU and City National Bank 13 related to the PROPERTY. 14 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 15: 15 Any and all COMMUNICATIONS between YOU and the FDIC related to the 16 PROPERTY. 17 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 16: 18 Any and all COMMUNICATIONS between YOU and Ray Hutchins related to 19 the PROPERTY. 20 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 17: 21 Any and all COMMUNICATIONS between YOU and James Kruse related to 22 the PROPERTY. 23 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 18: 24 Any and all COMMUNICATIONS between YOU and Fresno Management 25 Company related to the PROPERTY. 26 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 19: 27 Any and all COMMUNICATIONS between YOU and Jefferson Gann related to 28 the PROPERTY. RON DEFENDANT CITY NATIONAL BANK’S REQUESTS FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF SURJIT BAGGA, SET ON 1 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 20: 2 Any and all COMMUNICATIONS between YOU and City National Bank 3 related to the foreclosure on the PROPERTY. Dated: November 7, 2017 DOWLING AARON INCORPQRAT. By Slater ey for Defendant 8 Y NATIONAL BANK 9 014939-000004\02299252.DOCX. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DOWLING: ON 3 TO DEFENDANT CITY NATIONAL BANK’S RE! UESTS FOR PRODUCTION OF DOCUMENTS PLAINTIFF SU: R. IT BAGGA, SET ONE PROOF OF SERVICE STATE OF CALIFORNIA ) S COUNTY OF FRESNO ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen (18) years and not a party to the within-entitled action. My business address is Dowling Aaron Incorporated, 8080 N. Palm Avenue, Third Floor, Fresno, California, 93711. On November 7, 2017, I served the within document(s): DEFENDANT CITY NATIONAL BANK’S REQUESTS FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF SURJIT BAGGA, SET ONE O BY FAX: By transmitting via facsimile transmission the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m. BY MAIL: By placing the document(s) listed above in a sealed envelope with postage 10 thereon fully prepaid, in the United States mail at Fresno, California, addressed as set forth below. 11 BY E-MAIL: I caused to be transmitted by electronic mail the document(s) listed above 12 to the name(s) and e-mail address(es) set forth below on this date. The electronic transmission was reported as complete and without error. 13 Oo BY OVERNIGHT COURIER: By causing the document(s) listed above to be picked 14 up by an overnight courier service company for delivery to the address(es) listed below on the next business day. 15 Margarita Salazar, Esq. 16 Law Offices Of Margarita Salazar, APLC 333 H Street, Suite 5000 17 Chula Vista, California 91910 Telephone: (619) 551-7023-9578 18 Facsimile: (877) 264-4695 Email: margarita@msalazarlaw.com 19 Attorney for Plaintiff 20 SURJIT BAGGA 21 I am readily familiar with the firm’s practices of collection and processing of correspondence for mailing. Under that practice, it would be deposited with the United States 22 Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal 23 cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 24 I declare under penalty of perjury under the laws of the State of California that the 25 foregoing is true and correct. kyPn UY 26 Executed on November 7, 2017, at Fresno, Califo: 27 28 a YL ellie M. Jacques GES C2) LL 014939-000004\02071205.DOCX. Exhibit B Nellie M. Jacques From: G Andrew. Slater Sent: Tuesday, December 05, 2017 2:33 PM To: Margarita Salazar Ce: celeste@msalazarlaw.com Subject: RE: Bagga / CNB That is fine. Please provide a written confirmation and stipulation. ~Andy G. Andrew Slater Dowling Aaron Incorporated 8080 N. Palm Ave. Third Floor Fresno, CA 93711 559.432.4500 (Office) 559.432.4590 (Fax) aslater@dowlingaaron.com www,.dowlingaaron.com Fresno| Downtown Fresno| Sacramento |Visalia | Bakersfield sie From: Margarita Salazar zarlaw.com Sent: Tuesday, December 05, 2017 2:30 PM To: G Andrew. Slater Cc: celeste@msalazarlaw.com Subject: Re: Bagga / CNB Dear Andrew, Can | please get more time for the discovery responses? 30 days? Also, are you willing to stip to continue the CMC? or confirm service of process on | have been traveling a lot for other cases and have not been able to get with my client all the new parties. Your progressional courtesy is appreciated. Thank you. -m Margarita Salazar, Esq. (619) 551-7023 On Aug 28, 2017, at 9:24 AM, G Andrew. Slater wrote: 1 Exhibit C DOWLING| AARON 'NCGCORPORATEOD ATTORNEYS AND COUNSELORS AT LAW 8080 North Palm Avenue, Third Floor Fresno, CA 93711 P: 559.432.4500 F: 559.432.4590 www.dowlingaaron.com WRITER'S E-Mail: slat \dowlingaar: 1m, File No. 14939-004 January 18, 2018 YIA EMAIL AND FIRST CLASS MAIL margarita@msalazarlaw.com Margarita Salazar, Esq. Law Offices of Margarita Salazar, APLC 333 H Street, Suite 5000 Chula Vista, California 93910 Re: Surjit Bagga v. City National Bank Fresno County Superior Court Case No. 16CECG03336 Meet and Confer re: Written Discovery Dear Ms. Salazar: As you know, your client’s responses to written discovery (Form Interrogatories, Set One; Requests for Admission, Set One; Request for Production, Set One; and Special Interrogatories, Set One) were due on January 15, 2018. As of today’s date, January 18, 2018, no responses have been received. As such, you have waived any objection to the written discovery. (Code of Civil Procedure Section 2031.330.) Please provide responses, without objection, no later than Friday, January 26, 2018, or I will be forced to file a motion to compel. Thank you for your anticipated cooperation in this matter, Very truly yours, DOWLING,AARO a _-__G-Andrew Slater GAS:nmj 014939-000004\02344496, DOCX. North Fresno | Downtown Fresno | Sacramento |Visalia | Bakersfield Exhibit D Nellie M. Jacques From: G Andrew. Slater Sent: Thursday, February 15, 2018 3:27 PM To: Nellie M. Jacques Subject: FW: Bagga / CNB G. Andrew Slater Dowling Aaron Incorporated 8080 N. Palm Ave. Third Floor Fresno, CA 93711 559.432.4500 (Office) 559.432.4590 (Fax) aslater@dowlingaaron.com www.dowlingaaron.com Fresno| Downtown Fresno| Sacramento |Visalia | Bakersfield —— —— From: Margarita Salazar [mailto:margarita@msalazarlaw.com] Sent: Friday, January 26, 2018 12:21 PM To: G Andrew. Slater Subject: Re: Bagga / CNB Andrew, My kid and mom were in the emergency room with flu and other issues. This was back to back. I have been, to say the least, distracted and unable to respond. Sorry. I can have the written discovery responses to you Next friday. Thank you. -—m Margarita Salazar, Esq. (619) 551-7023 On Dec 8, 2017, at 1:16 PM, G Andrew. Slater wrote: This is fine. See attached. G. Andrew Slater Dowling Aaron Incorporated 8080 N. Palm Ave. Third Floor Fresno, CA 93711 559.432.4500 (Office) Exhibit E Nellie M. Jacques From: G Andrew. Slater Sent: Monday, February 05, 2018 10:59 AM To: Margarita Salazar Subject: RE: Bagga / CNB Margarita: | still have not seen any discovery responses. Please let me know if you will be responding. If not, | will have no choice but to bring a motion to compel. -Andy G. Andrew Slater Dowling Aaron Incorporated 8080 N. Palm Ave. Third Floor Fresno, CA 93711 559.432.4500 (Office) 559.432.4590 (Fax) aslater@dowlingaaron.com www.dowlingaaron.con Fresno| Downtown Fresno| Sacramento | Visalia | Bakersfield a ee a — From: Margarita Salazar [mailto:margarita@msalazarlaw.com] Sent: Friday, January 26, 2018 12:21 PM To: G Andrew. Slater Subject: Re: Bagga / CNB Andrew, My kid and mom were in the emergency room with flu and other issues. This was back to back. I have been, to say the least, distracted and unable to respond. Sorry. I can have the written discovery responses to you Next friday. Thank you. —-m Margarita Salazar, Esq. (619) 551-7023 On Dec 8, 2017, at 1:16 PM, G Andrew. Slater wrote: This is fine. See attached. Exhibit F | Nellie M. Jacques From: G Andrew. Slater Sent: Thursday, February 15, 2018 3:30 PM To: Nellie M. Jacques Subject: FW: Bagga / CNB G. Andrew Slater Dowling Aaron Incorporated 8080 N. Palm Ave. Third Floor Fresno, CA 93711 559.432.4500 (Office) 559.432.4590 (Fax) aslater@dowlingaaron.com www.dowlingaaron,com Fresno| Downtown Fresno| Sacramento | Visalia | Bakersfield From: Margarita Salazar, Esq. [mailto:margarita@msalazarlaw.com] Sent: Tuesday, February 06, 2018 12:56 PM To: G Andrew. Slater Subject: Re: Bagga / CNB Andrew, I'm sorry. I have been incredibly slammed. I will have this to you by Friday. Will you accept email service? -m .com> wrote: On Mon, Feb 5, 2018 at 10:59 AM, G Andrew. Slater wrote: On Feb 6, 2018, at 2:01 PM, G Andrew. Slater wrote: Sure G. Andrew Slater Dowling Aaron Incorporated 8080 N. Palm Ave. Third Floor Fresno, CA 93711 559.432.4500 (Office) 559.432.4590 (Fax) aslater(@dowlingaaron.com www.dowlingaaron.com Fresno| Downtown Fresno| Sacramento |Visalia |Bakersfield Exhibit I Nellie M. Jacques From: G Andrew. Slater Sent: Thursday, February 15, 2018 3:36 PM To: Nellie M. Jacques Subject: FW: Bagga / CNB G. Andrew Slater Dowling Aaron Incorporated 8080 N. Palm Ave. Third Floor Fresno, CA 93711 559.432.4500 (Office) 559.432.4590 (Fax) aslate jowlins ron ck www.dowlingaaron.com | Fresno| Downtown Fresno| Sacramento | Visalia Bakersfi eld From: Margarita Salazar, Esq. [mailto:margarita@msalazarlaw.com] Sent: Wednesday, February 14, 2018 3:12 PM To: G Andrew. Slater Subject: Re: Bagga / CNB Andrew, tely trying to get the responses and 1am sorry to keep you on hold. Please do not file your motion. I am despera verifications to you but am having trouble getting a hold of my client. I will try again and will let you know. thank you for your patience. -m lingaaron.com> wrote: On Wed, Feb 14, 2018 at 2:34 PM, G Andrew. Slater