Party Discovery: EASON -v- BLM VICTORVILLE et al Print

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                                                                                                      F   I   L   E
                                                                                            SUPERlOR COURT OF CALIFORNIA
                                                                                             COUNTY OF SAN BERNARDINO
     George G. Mgdesyan, Esq.       (State    Bar No. 225476)                               SAN BERNAHDINO CIVIL DIVISION
     Araksya Boyadzhyan, Esq. (State Bar No. 29991 7)
                                                                                                      MAY     1 7 2021
     MGDESYAN LAW FIRM
     4529 Sherman. Oaks Avenue
     Sherman Oaks, California 91403
                                                                                        W
                                                                                                 SY .VIA GUAJAH       0,   DEPUTY
     Telephone: 81 8-386-6777
     FacsimiEe:     818454-6778
     Email:   araksva®mgdesyanlawcom


     Attorneys for   Plaintiff,   DEBORAH ANTIONETTE EASON

                          SUPERIOR COURT OF THE STATE OF CALIFORNIA
                       FOR THE COUNTY 0F SAN BERNARDINO
     DEBORAH ANTIONE'I‘TE EASON an        Case N0.: CIVDSl621424      >

     individual,                                                     )
1O                                                                    )   PLAINTIFF       DEBORAH EASON’S
                                                                      )
                              Plaintiff,
                                                                      )
                                                                          SEPARATE STATEMENT IN
11
                                                                     )
                                                                          SUPPORT 0F NOTICE 0F MOTION
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                                                                      )   AND MOTION T0 COMPEL
                                                                     )    DEFENDANT BLM VICTORVILLE’S
13            VS.
                                                                     )
                                                                          FURTHER RESPONSES T0
                                                                     )
                                                                     )
                                                                          REQUEST FOR PRODUCTION OF
14                                                                   )    DOCUMENTS, SET ONE
                                                                     )

15                                                                   )

                                                                     )    Trial Readiness: 07/22/2021 at 8:30              am.
16                                                                   )    Trial:   07/26/2021   at   10:00    am.
     DOLLAR TREE STORES, INC, SPICE                                  )
     DELIGHT, INC, and DOES           1    to 100, inclusive,        )
17
                                                                     )    Date:        June   02, 2021
                                                                     )
18                            Defendants.                                 Time:        9:00 a.m.
                                                                     )
                                                                          Location: 247 West Third            St.
                                                                     )

19                                                                   )    San Bernardino,       CA 92415
                                                                     )    Dept:    827
20                                                                   )
                                                                     )
                                                                     )
21                                                                        Action Filed: 12/06/2016
                                                                     )

                                                                     )
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     TO THE HONORABLE COURT ALL PARTIES AND ATTORNEYS 0F RECORD:
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                Pursuant to California Rules of Court       3.   I   345, Plaintiff   DEBORAH EASON hereby
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     submits her Separate Statement of Items        in   Dispute in support of his Motion to Compel Further
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                DEBORAH EASON’S SEPARATE STATEMENT IN SUPPORT OF NOTICE OF MOTION AND
        PLAINTIFF
        MOTION TO COMPEL DEFENDANT BLM VICTORVILLE’S FURTHER RESPONSES TO REQUEST FOR.
                           PRODUCTION OF DOCUMENTS, SET ONE; PAGE                                l
                                         V                                                    \a

     Responses     to   Request for Production of Documents, Set One from Defendants                       BLM
     VICTORVILLE           as follows:




     PLAINTIFF’S REQUEST                   FOR PRODUCTION OF DOCUMENTS No.1:
                Any and ail DOCUMENTS,                  including, but not limited to lease agreements of the

     SUBJECT PREMISES,                 identifying the term ofthe    owner and       lease   0f the   SUBJECT PREMISES
     0n the   DATE OF LOSS.             (The term   “SUBJECT INCIDENT” herein and hereafter shall                        reference

     the fall incident that took place at or near           DOLLAR TREE STORE                located. at   14792 La Paz Drive,

     in Victorville,    Califomia 92395, on or about 12/1 1/2014, wherein Plaintiff DEBORAH                             EASON         fell


     into an artificially created hole in the sidewalk,            and which    is   the subject of this lawsuit.        “SUBJECT
10   PRESMISES” DOLLAR TREE STORE                          located at 14792    La Paz Drive,       in Victorville, California


11   92395. The term       “DATE OF LOSS” or “INCIDENT DATE” 0r “DATE OF INCIDENT”                                            shall


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     refer to the date the     “SUBJECT INCIDENT” occurred.)

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     DEFENDANT’S RESPONSE TO REQUEST FOR PRODUCTION 0F DOCUMENTS N0.

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     L;

              “Vague, ambiguous and overbroad as t0 the specific location (whether tenant parcel,
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     common     area, etc.)   ofthe alleged     fall,   and thus the “subjeci premises,“ Piaintiff is the best person                  to


     identify   where she     fell.   Plaintiff‘s deposition   has not yet been completed. Discovery               is   ongoing.”
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     LEGAL AND FACTUAL REASONS FOR COMPELLING FURTHER RESPONSES:
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              Defendants’ boilerplate objections are without merit. Under applicable Cakifomia
                                                                                               law,
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     boilerplate   and frivolous objections are sanctionable. See Korea Data Systems Co.                         Ltd.   v.   Superior
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     Court, 51 Cal.App.4th 1513, 1515-16 (2997).
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              The overriding philosophy of the Discovery Act              is   that discovery should        be   liberally
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     construed in order to enable the parties to obtain evidence necessary to evaluate and resolve their

                  DEBORAH EASON'S SEPA RATE STATEMENT IN SUPPORT OF NOTICE OF MOTION AND
          PLAINTIFF
          MOTION TO COMPEL DEFENDANT BLM VICTORVILLE’S FURTHER RESPONSES TO REQUEST FOR
                             PRODUCTION OF DOCUMENTS, SET ONE; PAGE 2