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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Y
RI INAL
1 S Oberrecht C S B No 190794
Kimberly r
s Cj 4 i a rco i
Cronin C S B No 270284
Jeremy R r Y 3
2 Che enne J Pa e C S B No 323354 S 1 x
T
HORTON OBERREC IT KIRKPATRICK MARTHA
3 101 W Broadway Suite 600 1UEi Q
San Diego California 92101
4 619 232 1183 619 696 5719 facsimile E3i r n
Kr lA V t ff s PJTY
5
Attorneys for Defendants RICHARD WILSON JOSE MEDINA and COLORAMA
6 WHOLESALE NURSERY dba COLORAMA
7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
v
9
IN AND FOR THE COUNTY OF SAN BERNARDINO
10 CENTRAL JUDICIAL DISTRICT
11 BRIAN MAHAFFEY ASHLEY MAHAFFEY CASE NO CIVDS1908657
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 SPECIAL
15 COLORAMA and DOES 1 through 100 INTERROGATORIES SET ONE
Inclusive AND REQUEST FOR MONETARY
16 SANCTIONS
Defendants
1 Date October 15 2019
Time 8 30 a m
1g Dept S30
19 Action Filed March 21 2019
Trial Date None Set
20
21
22
23
24 Defendant RICHARD WILSON respectfully submits the following Memorandumof Points
25 and Authorities in Support of his Motion to Compel Plaintiff BRIAN MAHAFFEY to respond to
26 Special Interrogatories Set One and Request for Monetary Sanctions
27
28
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO COMPEL RESPONSES TO SPECIAL
INTERROGATOR ES SET ONE
G CLIENTS 5845 Pleadings Motions to Compel Brian Mahaffcy Ps Bc As MTC BRIAN SROGS 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 far Trial Defendant RICHARD WILSON served Plaintiff BRIAN
6 MAHAFFEY with Special Interrogatories Set One on May 3 2019 Thereafter Plaintiff have
7 failed to provided responses to the interrogatories Consequently Defendant respectfully asks this
8 Court to 1 compel Plaintiff to provide full and complete verified responses without objections
9 to Special Interrogatories Set One propounded by Defendant within ten days of the date of this
10 Motion s hearing and 2 Order Plaintiff and or his counsel of record Robert Weinstein to pay
11 monetary sanctions in the amount of 1 501 50 as reasonable costs and expenses necessarily
12 incurred in bringing this Motion
13 II
14 PROCEDURAL BACKGROUND
15 On May 3 2019 Defendant RICHARD WILSON propounded via U S Mail Special
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 of Special 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
August 2 2019 Cronin Decl 5 However responses
22 counsel agreed to provide responses by
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 SPECIAL
INTERROGATORIES SET ONE
G CLIENTS 5845 PleadingsVvlotions to Compel Brian Mahaffey P s 7A s MTC BRIAN SROGS 1 wpd
Document Filed Date
August 26, 2019
Case Filing Date
March 21, 2019
Category
Personal Injury Motor Vehicle Unlimited
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Y RI INAL 1 S Oberrecht C S B No 190794 Kimberly r s Cj 4 i a rco i Cronin C S B No 270284 Jeremy R r Y 3 2 Che enne J Pa e C S B No 323354 S 1 x T HORTON OBERREC IT KIRKPATRICK MARTHA 3 101 W Broadway Suite 600 1UEi Q San Diego California 92101 4 619 232 1183 619 696 5719 facsimile E3i r n Kr lA V t ff s PJTY 5 Attorneys for Defendants RICHARD WILSON JOSE MEDINA and COLORAMA 6 WHOLESALE NURSERY dba COLORAMA 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA v 9 IN AND FOR THE COUNTY OF SAN BERNARDINO 10 CENTRAL JUDICIAL DISTRICT 11 BRIAN MAHAFFEY ASHLEY MAHAFFEY CASE NO CIVDS1908657 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 SPECIAL 15 COLORAMA and DOES 1 through 100 INTERROGATORIES SET ONE Inclusive AND REQUEST FOR MONETARY 16 SANCTIONS Defendants 1 Date October 15 2019 Time 8 30 a m 1g Dept S30 19 Action Filed March 21 2019 Trial Date None Set 20 21 22 23 24 Defendant RICHARD WILSON respectfully submits the following Memorandumof Points 25 and Authorities in Support of his Motion to Compel Plaintiff BRIAN MAHAFFEY to respond to 26 Special Interrogatories Set One and Request for Monetary Sanctions 27 28 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATOR ES SET ONE G CLIENTS 5845 Pleadings Motions to Compel Brian Mahaffcy Ps Bc As MTC BRIAN SROGS 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 far Trial Defendant RICHARD WILSON served Plaintiff BRIAN 6 MAHAFFEY with Special Interrogatories Set One on May 3 2019 Thereafter Plaintiff have 7 failed to provided responses to the interrogatories Consequently Defendant respectfully asks this 8 Court to 1 compel Plaintiff to provide full and complete verified responses without objections 9 to Special Interrogatories Set One propounded by Defendant within ten days of the date of this 10 Motion s hearing and 2 Order Plaintiff and or his counsel of record Robert Weinstein to pay 11 monetary sanctions in the amount of 1 501 50 as reasonable costs and expenses necessarily 12 incurred in bringing this Motion 13 II 14 PROCEDURAL BACKGROUND 15 On May 3 2019 Defendant RICHARD WILSON propounded via U S Mail Special 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 of Special 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 August 2 2019 Cronin Decl 5 However responses 22 counsel agreed to provide responses by 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 SPECIAL INTERROGATORIES SET ONE G CLIENTS 5845 PleadingsVvlotions to Compel Brian Mahaffey P s 7A s MTC BRIAN SROGS 1 wpd