On January 11, 2023 a
Party Statement
was filed
involving a dispute between
Diaz-Simms, Mary,
Sims, Yahola,
and
Does 1-10,
Jeon, Mark Hong,
for Breach of Contract/Warranty Unlimited
in the District Court of San Bernardino County.
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ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
Mark Hong Jeon COUNTY OF SAN BERNARDINO
10645 East avenue W3, SAN BERNARDINO DISTRICT
CA 93543
Littlerock,
10/5/2023 3:51 PM
By: Betty Davidson, DEPUTY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SAN BERNARDINO
11
12 DEPARTMENT $28
13 OCTOBER 17TH
14
8:30AM
15
16
MARY DIAZ—SIMMS, AND YAHOLA SIMMS Case No.: CIVSB2300140
17
Plaintiff, SEPARATE STATEMENT FOR MOTION TO
18 COMPEL BREACH OF CONTRACT
19
VS.
20
21
MARK HONG JEON,
22
Defendant
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24
Separate Statement in Support 0f Defendant Mark Hong Jeon's Motion t0 Compel Further
25
Responses t0 Discovery Requests Concerning Breach 0f Contract
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27
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- 1 SEPARATE STATEMENT FOR MOTION TO COMPEL BREACH OF CONTRACT
Discovery Response Reasons for
Request Provided Further Responses Required
Interrogatory Extensive The information
asking for veterinary medical veterinary records were is crucial t0 establish whether
records that state 0r conclude provided but none explicitly the 1-year health
that the liver shunt and stated that the liver shunt and warranty/contract (Exhibit 1)
luxating patellas were caused luxating patellas were caused applies. The warranty specifies
10 by fatal hereditary genetic by fatal hereditary genetic the Defendant's responsibility
11 diseases. diseases. only for fatal hereditary
12
genetic diseases resulting in
13
the dog's death within one
14
year. Since the dog did not die,
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Defendant would not be
17 responsible for veterinary bills
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as per Exhibit 1.
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Conclusion: Based on the foregoing, Defendant Mark Hong Jeon respectfully requests that the
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Court compel Plaintiff Yahola and Mary Simms to provide explicit veterinary medical records that directly state or
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conclude that the liver shunt and luxating patellas in the subj ect dog were caused by fatal hereditary genetic disease,
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consistent with the specific requirements of the 1-year health warranty/contract as outlined in Exhibit 1.
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Additionally, I request that the Court impose appropriate sanctions for failure t0 comply with
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legitimate discovery requests, as allowed by law.
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- 2 SEPARATE STATEMENT FOR MOTION TO COMPEL BREACH OF CONTRACT
Document Filed Date
October 05, 2023
Case Filing Date
January 11, 2023
Category
Breach of Contract/Warranty Unlimited
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ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA Mark Hong Jeon COUNTY OF SAN BERNARDINO 10645 East avenue W3, SAN BERNARDINO DISTRICT CA 93543 Littlerock, 10/5/2023 3:51 PM By: Betty Davidson, DEPUTY SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN BERNARDINO 11 12 DEPARTMENT $28 13 OCTOBER 17TH 14 8:30AM 15 16 MARY DIAZ—SIMMS, AND YAHOLA SIMMS Case No.: CIVSB2300140 17 Plaintiff, SEPARATE STATEMENT FOR MOTION TO 18 COMPEL BREACH OF CONTRACT 19 VS. 20 21 MARK HONG JEON, 22 Defendant 23 24 Separate Statement in Support 0f Defendant Mark Hong Jeon's Motion t0 Compel Further 25 Responses t0 Discovery Requests Concerning Breach 0f Contract 26 27 28 - 1 SEPARATE STATEMENT FOR MOTION TO COMPEL BREACH OF CONTRACT Discovery Response Reasons for Request Provided Further Responses Required Interrogatory Extensive The information asking for veterinary medical veterinary records were is crucial t0 establish whether records that state 0r conclude provided but none explicitly the 1-year health that the liver shunt and stated that the liver shunt and warranty/contract (Exhibit 1) luxating patellas were caused luxating patellas were caused applies. The warranty specifies 10 by fatal hereditary genetic by fatal hereditary genetic the Defendant's responsibility 11 diseases. diseases. only for fatal hereditary 12 genetic diseases resulting in 13 the dog's death within one 14 year. Since the dog did not die, 15 16 Defendant would not be 17 responsible for veterinary bills 18 as per Exhibit 1. 19 20 21 Conclusion: Based on the foregoing, Defendant Mark Hong Jeon respectfully requests that the 22 Court compel Plaintiff Yahola and Mary Simms to provide explicit veterinary medical records that directly state or 23 conclude that the liver shunt and luxating patellas in the subj ect dog were caused by fatal hereditary genetic disease, 24 consistent with the specific requirements of the 1-year health warranty/contract as outlined in Exhibit 1. 25 26 Additionally, I request that the Court impose appropriate sanctions for failure t0 comply with 27 legitimate discovery requests, as allowed by law. 28 - 2 SEPARATE STATEMENT FOR MOTION TO COMPEL BREACH OF CONTRACT