On March 21, 2019 a
Party Discovery
was filed
involving a dispute between
Mahaffey, Ashley,
Mahaffey, Brian,
and
Colorama Wholesale Nursery,
Medina, Jose,
Wilson, Richard,
for Personal Injury Motor Vehicle Unlimited
in the District Court of San Bernardino County.
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i
1 Kimberly S Oberrecht C S B No 190794
t
Jeremy R Cronin C S B No 270284
2 Cheyenne J Page C S B No 323354
HORTON OBERRECHT KIRKPATRICK MARTHA
3 101 W Broadway Suite 600
San Diego California 92101
4 619 232 1183 619 696 5719 facsimile
y j
S f
5
Attorneys for Defendants RICHARD WILSON JOSE MEDINA and COLORAMA
6 WHOLESALE NURSERY dba COLORAMA
7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
IN AND FOR THE COUNTY OF SAN BERNARDINO
10 CENTRAL JUDICIAL DISTRICT
11 BRIAN MAHAFFEY ASHLEY MAHAFFEY CASE NO CNDS1908657
12 Plaintiffs MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
13 vs DEFENDANT RICHARD WILSON S
MOTION TO COMPEL
14 RICHARD WILSON JOSE MEDINA PLAINTIFFS BRIAN MAHAFFEY
COLORAMA WHOLESALE NURSERY dba TO RESPOND TO FORM
15 COLORAMA and DOES 1 through 100 INTERROGATORIES SET ONE
Inclusive AND REQUEST FOR MONETARY
16 SANCTIONS
Defendants
17 Date October 15 2019
Time 8 30 a m
18 Dept S30
19 Action Filed March 21 2019
Trial Date None Set
20
21
22
23
24 Defendant RICHARD WILSON respectfully submits the following Memorandum ofPoints
25 and Authorities in Support of his Motion to Compel PlaintiffBRIAN MAHAFFEY to respond to
26 Form Interrogatories Set One and Request for Monetary Sanctions
27
28
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO COMPEL RESPONSES TO FORM
INTERROGATORIES SET ONE
G CLIENTS 5845 Pleadings Motions Compel Brian As
to Mahaffey P s Bc MTC BRIAN FROGS 1 wpd
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I
3 INTRODUCTION
4 In an effort to obtain the necessary information to prepare a Motion for Summary Judgment
5 and otherwise prepare for Trial Defendant RICHARD WILSON served Plaintiff BRIAN
6 MAHAFFEY with Form Interrogatories Set One on May 3 2019 Thereafter Plaintiffhave failed
7 to provided responses to the interrogatories Consequently Defendant respectfully asks this Court
8 to 1 compel Plaintiff to provide full and complete verified responses without objections to Form
9 Interrogatories Set One propounded by Defendant within ten days of the date of this Motion s
10 hearing and 2 Order Plaintiff and or his counsel of record Robert Weinstein to pay monetary
11 sanctions in the amount of 1 501 50 as reasonable costs and expenses necessarily incurred in
12 bringing this Motion
13 II
14 PROCEDURAL BACKGROUND
15 On May 3 2019 Defendant RICHARD WILSON propounded via U S Mail Form
16 Interrogatories Set One on Plaintiff BRIAN MAHAFFEY Declaration of Jeremy R Cronin
17 hereinafter Cronin Decl 2 Exhibits A and B Given the service ofForm Interrogatories Set
18 One Plaintiff s responses were due on June 6 2019 Cronin Decl 3 Having received no
19 responses from Plaintiff on July 3 2019 counsel for Defendant issued correspondence to Plaintiff s
20 counsel in an attempt to meet and confer regarding Plaintiff s delinquent discovery Cronin Decl
21 4 Exhibit C Following further discussions regarding the status of these responses Plaintiff s
22 counsel agreed to provide responses by August 2 2019 Cronin Decl 5 However responses
23 were never provided and Plaintiff s counsel has not further acknowledged Plaintiff s failure to
24 respond Cronin Decl 5
25 III
26 PLAINTIFF S FAILURE TO TIMELY RESPOND TO WRITTEN DISCOVERY
27 WARRANTS AN ORDER COMPELLING HIM TO RESPOND
28 Code of Civil Procedure Section 2030 020 a empowers a defendant to propound
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO COMPEL RESPONSES TO FORM
INTERROGATORIES SET ONE
G CLIENTS 5845 PleadingsUvlotions to Compcl Brian Mahaffcy Ps 2A s MTC BRIAN FROGS I wpd
Document Filed Date
August 26, 2019
Case Filing Date
March 21, 2019
Category
Personal Injury Motor Vehicle Unlimited
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i 1 Kimberly S Oberrecht C S B No 190794 t Jeremy R Cronin C S B No 270284 2 Cheyenne J Page C S B No 323354 HORTON OBERRECHT KIRKPATRICK MARTHA 3 101 W Broadway Suite 600 San Diego California 92101 4 619 232 1183 619 696 5719 facsimile y j S f 5 Attorneys for Defendants RICHARD WILSON JOSE MEDINA and COLORAMA 6 WHOLESALE NURSERY dba COLORAMA 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN BERNARDINO 10 CENTRAL JUDICIAL DISTRICT 11 BRIAN MAHAFFEY ASHLEY MAHAFFEY CASE NO CNDS1908657 12 Plaintiffs MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF 13 vs DEFENDANT RICHARD WILSON S MOTION TO COMPEL 14 RICHARD WILSON JOSE MEDINA PLAINTIFFS BRIAN MAHAFFEY COLORAMA WHOLESALE NURSERY dba TO RESPOND TO FORM 15 COLORAMA and DOES 1 through 100 INTERROGATORIES SET ONE Inclusive AND REQUEST FOR MONETARY 16 SANCTIONS Defendants 17 Date October 15 2019 Time 8 30 a m 18 Dept S30 19 Action Filed March 21 2019 Trial Date None Set 20 21 22 23 24 Defendant RICHARD WILSON respectfully submits the following Memorandum ofPoints 25 and Authorities in Support of his Motion to Compel PlaintiffBRIAN MAHAFFEY to respond to 26 Form Interrogatories Set One and Request for Monetary Sanctions 27 28 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES SET ONE G CLIENTS 5845 Pleadings Motions Compel Brian As to Mahaffey P s Bc MTC BRIAN FROGS 1 wpd 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 I 3 INTRODUCTION 4 In an effort to obtain the necessary information to prepare a Motion for Summary Judgment 5 and otherwise prepare for Trial Defendant RICHARD WILSON served Plaintiff BRIAN 6 MAHAFFEY with Form Interrogatories Set One on May 3 2019 Thereafter Plaintiffhave failed 7 to provided responses to the interrogatories Consequently Defendant respectfully asks this Court 8 to 1 compel Plaintiff to provide full and complete verified responses without objections to Form 9 Interrogatories Set One propounded by Defendant within ten days of the date of this Motion s 10 hearing and 2 Order Plaintiff and or his counsel of record Robert Weinstein to pay monetary 11 sanctions in the amount of 1 501 50 as reasonable costs and expenses necessarily incurred in 12 bringing this Motion 13 II 14 PROCEDURAL BACKGROUND 15 On May 3 2019 Defendant RICHARD WILSON propounded via U S Mail Form 16 Interrogatories Set One on Plaintiff BRIAN MAHAFFEY Declaration of Jeremy R Cronin 17 hereinafter Cronin Decl 2 Exhibits A and B Given the service ofForm Interrogatories Set 18 One Plaintiff s responses were due on June 6 2019 Cronin Decl 3 Having received no 19 responses from Plaintiff on July 3 2019 counsel for Defendant issued correspondence to Plaintiff s 20 counsel in an attempt to meet and confer regarding Plaintiff s delinquent discovery Cronin Decl 21 4 Exhibit C Following further discussions regarding the status of these responses Plaintiff s 22 counsel agreed to provide responses by August 2 2019 Cronin Decl 5 However responses 23 were never provided and Plaintiff s counsel has not further acknowledged Plaintiff s failure to 24 respond Cronin Decl 5 25 III 26 PLAINTIFF S FAILURE TO TIMELY RESPOND TO WRITTEN DISCOVERY 27 WARRANTS AN ORDER COMPELLING HIM TO RESPOND 28 Code of Civil Procedure Section 2030 020 a empowers a defendant to propound MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES SET ONE G CLIENTS 5845 PleadingsUvlotions to Compcl Brian Mahaffcy Ps 2A s MTC BRIAN FROGS I wpd