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1 JEFFREY E. TSAI (SBN 226081)
jeff.tsai@us.dlapiper.com
2 KATHLEEN S. KIZER (SBN 246035)
kathy.kizer@us.dlapiper.com
3
EMILY ROSE MARGOLIS (SBN 324089)
4 emily.margolis@us.dlapiper.com
DLA PIPER LLP (US)
5 555 Mission Street, Suite 2400
San Francisco, California 94105-2933
6 Tel: 415.836.2500 | Fax: 415.836.2501
7 Attorneys for Defendants
CELESTE WHITE, DR. ROBERT WHITE and
8 THE VALLEY ROCK FOUNDATION
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10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 FOR THE COUNTY OF NAPA
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13 LISA KEITH, an individual, CASE NO. 22CV001269
14 DEFENDANT VALLEY ROCK
Plaintiff, FOUNDATION’S NOTICE OF MOTION TO
15 COMPEL PLAINTIFF LISA KEITH’S
v. COMPLIANCE WITH DOCUMENT
16 REQUESTS
CELESTE WHITE, an individual, ROBERT
WHITE, an individual, the VALLEY ROCK
17 FOUNDATION, aka THE BAR 49 Date: December 8, 2023
FOUNDATION, a charitable organization,
18 Time: 8:30 a.m.
and DOES 1-50, INCLUSIVE, Judge: Scott R.L. Young
19 Dept.: B
Defendants. Complaint Filed: October 25, 2022
20 Trial Date: April 2, 2024
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DEFENDANT’S NOTICE OF MOTION TO COMPEL COMPLIANCE WITH DOCUMENT REQUESTS
CASE NO. 22CV001269
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that, on the date and at the time set forth above, or as soon
3 thereafter as this matter may be heard in Department B of the above-entitled court located at 825
4 Brown Street, Napa, California 94559, Defendant Valley Rock Foundation (“Foundation”) will
5 and hereby does move pursuant to Code of Civil Procedure section 2031.320 to compel Plaintiff
6 Lisa Keith’s compliance with the Foundation’s document requests served on April 5, 2023
7 (“Document Requests”). Despite multiple extensions requested and provided, Plaintiff did not
8 respond to the Document Requests (or Defendants’ other discovery requests). Consequently, the
9 Foundation and Defendant Dr. Robert White together filed a Motion to Compel Responses, which
10 the Court granted on July 14, 2023, ordering Plaintiff to provide Code-compliant responses
11 without objection, including any objection based on the attorney-client privilege or work product
12 protection.
13 The Court stayed that order pending the outcome of Plaintiff’s Motion for Order Relieving
14 Responding Party from Waiver of Objections (“Waiver Relief Motion”) filed on July 10, 2023.
15 On August 11, the Court denied the Waiver Relief Motion and lifted the stay of its ruling on
16 Defendants’ Motion to Compel Responses. As a result, Plaintiff’s responses were due within 10
17 days of that ruling, or August 21, 2023. Plaintiff served written responses but did not produce
18 documents by August 21, 2023. Defendants therefore moved for sanctions due to Plaintiff’s failure
19 to produce all documents. At the November 7, 2023 hearing on the sanctions motion, the Court
20 ruled that the Court’s Order compelling further responses required Plaintiff to provide written
21 responses but did not require her to produce all documents.
22 Accordingly, in light of the Court’s November 7th ruling, the Foundation hereby moves to
23 compel compliance with the Discovery Requests—in accordance with the agreement to produce
24 all documents in Plaintiff’s possession, custody, and control, as specified in Plaintiff’s written
25 responses—due to Plaintiff’s failure to produce all responsive documents.
26 Defendants’ motion is based on this Notice of Motion and Motion; the separately filed
27 Memorandum and Points of Authorities, Separate Statement, and Declaration of Kathleen S.
28 Kizer; the pleadings and papers on file in this matter; and such other materials and argument as
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DEFENDANT’S NOTICE OF MOTION TO COMPEL COMPLIANCE WITH DOCUMENT REQUESTS
CASE NO. 22CV001269
1 may be presented in connection with the hearing on the motion.
2 PLEASE TAKE FURTHER NOTICE that the Napa Court uses a Tentative Ruling
3 System. To receive the tentative ruling, visit the court’s website at
4 http://www.napa.courts.ca.gov or telephone the court at (707) 299-1270 after 3:00 p.m. the
5 court day before the scheduled hearing date. Unless the court directs otherwise, no oral
6 argument will be permitted unless a party or counsel for a party requests a hearing by
7 calling the court and all other parties or counsel no later than 4:00 p.m. the court day before
8 the hearing.
9 Dated: November 9, 2023 DLA PIPER LLP (US)
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By:
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JEFFREY E. TSAI
12 KATHLEEN S. KIZER
EMILY ROSE MARGOLIS
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DEFENDANT’S NOTICE OF MOTION TO COMPEL COMPLIANCE WITH DOCUMENT REQUESTS
CASE NO. 22CV001269
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
3 I am employed in the County of San Francisco, State of California. I am over the age of 18
and not a party to the within action; my business address is: 555 Mission Street, Suite 2400, San
4 Francisco, California 94105-2933.
5 On November 9, 2023, I served the foregoing document(s) described as:
6 DEFENDANT VALLEY ROCK FOUNDATION’S NOTICE OF MOTION TO
COMPEL PLAINTIFF LISA KEITH’S COMPLIANCE WITH DOCUMENT
7 REQUESTS
8 on the following:
9
John S. Rueppel
10 Angie Lam
JOHNSTON, KINNEY & ZULAICA LLP
11 101 Montgomery Street, Suite 1600
San Francisco, California 94104
12 T: 415.693.0550
F: 415.693.0500
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E: john@jkzllp.com
14 E: angie.lam@jkzllp.com
Attorneys for Plaintiff Lisa Keith
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16 I transmitted copies of the document described above via e-mail to the persons at the email
17 addresses set forth above pursuant to the parties’ mutual agreement on or about March 21, 2023,
18 to provide service by e-mail.
19 I declare under penalty of perjury under the laws of the State of California that the above is
20 true and correct.
21 Executed on November 9, 2023, at Fremont, California.
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23 Christina Perez
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PROOF OF SERVICE
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1 JEFFREY E. TSAI (SBN 226081) jeff.tsai@us.dlapiper.com 2 KATHLEEN S. KIZER (SBN 246035) kathy.kizer@us.dlapiper.com 3 EMILY ROSE MARGOLIS (SBN 324089) 4 emily.margolis@us.dlapiper.com DLA PIPER LLP (US) 5 555 Mission Street, Suite 2400 San Francisco, California 94105-2933 6 Tel: 415.836.2500 | Fax: 415.836.2501 7 Attorneys for Defendants CELESTE WHITE, DR. ROBERT WHITE and 8 THE VALLEY ROCK FOUNDATION 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 FOR THE COUNTY OF NAPA 12 13 LISA KEITH, an individual, CASE NO. 22CV001269 14 DEFENDANT VALLEY ROCK Plaintiff, FOUNDATION’S NOTICE OF MOTION TO 15 COMPEL PLAINTIFF LISA KEITH’S v. COMPLIANCE WITH DOCUMENT 16 REQUESTS CELESTE WHITE, an individual, ROBERT WHITE, an individual, the VALLEY ROCK 17 FOUNDATION, aka THE BAR 49 Date: December 8, 2023 FOUNDATION, a charitable organization, 18 Time: 8:30 a.m. and DOES 1-50, INCLUSIVE, Judge: Scott R.L. Young 19 Dept.: B Defendants. Complaint Filed: October 25, 2022 20 Trial Date: April 2, 2024 21 22 23 24 25 26 27 28 DEFENDANT’S NOTICE OF MOTION TO COMPEL COMPLIANCE WITH DOCUMENT REQUESTS CASE NO. 22CV001269 1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE that, on the date and at the time set forth above, or as soon 3 thereafter as this matter may be heard in Department B of the above-entitled court located at 825 4 Brown Street, Napa, California 94559, Defendant Valley Rock Foundation (“Foundation”) will 5 and hereby does move pursuant to Code of Civil Procedure section 2031.320 to compel Plaintiff 6 Lisa Keith’s compliance with the Foundation’s document requests served on April 5, 2023 7 (“Document Requests”). Despite multiple extensions requested and provided, Plaintiff did not 8 respond to the Document Requests (or Defendants’ other discovery requests). Consequently, the 9 Foundation and Defendant Dr. Robert White together filed a Motion to Compel Responses, which 10 the Court granted on July 14, 2023, ordering Plaintiff to provide Code-compliant responses 11 without objection, including any objection based on the attorney-client privilege or work product 12 protection. 13 The Court stayed that order pending the outcome of Plaintiff’s Motion for Order Relieving 14 Responding Party from Waiver of Objections (“Waiver Relief Motion”) filed on July 10, 2023. 15 On August 11, the Court denied the Waiver Relief Motion and lifted the stay of its ruling on 16 Defendants’ Motion to Compel Responses. As a result, Plaintiff’s responses were due within 10 17 days of that ruling, or August 21, 2023. Plaintiff served written responses but did not produce 18 documents by August 21, 2023. Defendants therefore moved for sanctions due to Plaintiff’s failure 19 to produce all documents. At the November 7, 2023 hearing on the sanctions motion, the Court 20 ruled that the Court’s Order compelling further responses required Plaintiff to provide written 21 responses but did not require her to produce all documents. 22 Accordingly, in light of the Court’s November 7th ruling, the Foundation hereby moves to 23 compel compliance with the Discovery Requests—in accordance with the agreement to produce 24 all documents in Plaintiff’s possession, custody, and control, as specified in Plaintiff’s written 25 responses—due to Plaintiff’s failure to produce all responsive documents. 26 Defendants’ motion is based on this Notice of Motion and Motion; the separately filed 27 Memorandum and Points of Authorities, Separate Statement, and Declaration of Kathleen S. 28 Kizer; the pleadings and papers on file in this matter; and such other materials and argument as -2- DEFENDANT’S NOTICE OF MOTION TO COMPEL COMPLIANCE WITH DOCUMENT REQUESTS CASE NO. 22CV001269 1 may be presented in connection with the hearing on the motion. 2 PLEASE TAKE FURTHER NOTICE that the Napa Court uses a Tentative Ruling 3 System. To receive the tentative ruling, visit the court’s website at 4 http://www.napa.courts.ca.gov or telephone the court at (707) 299-1270 after 3:00 p.m. the 5 court day before the scheduled hearing date. Unless the court directs otherwise, no oral 6 argument will be permitted unless a party or counsel for a party requests a hearing by 7 calling the court and all other parties or counsel no later than 4:00 p.m. the court day before 8 the hearing. 9 Dated: November 9, 2023 DLA PIPER LLP (US) 10 By: 11 JEFFREY E. TSAI 12 KATHLEEN S. KIZER EMILY ROSE MARGOLIS 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- DEFENDANT’S NOTICE OF MOTION TO COMPEL COMPLIANCE WITH DOCUMENT REQUESTS CASE NO. 22CV001269 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO 3 I am employed in the County of San Francisco, State of California. I am over the age of 18 and not a party to the within action; my business address is: 555 Mission Street, Suite 2400, San 4 Francisco, California 94105-2933. 5 On November 9, 2023, I served the foregoing document(s) described as: 6 DEFENDANT VALLEY ROCK FOUNDATION’S NOTICE OF MOTION TO COMPEL PLAINTIFF LISA KEITH’S COMPLIANCE WITH DOCUMENT 7 REQUESTS 8 on the following: 9 John S. Rueppel 10 Angie Lam JOHNSTON, KINNEY & ZULAICA LLP 11 101 Montgomery Street, Suite 1600 San Francisco, California 94104 12 T: 415.693.0550 F: 415.693.0500 13 E: john@jkzllp.com 14 E: angie.lam@jkzllp.com Attorneys for Plaintiff Lisa Keith 15 16 I transmitted copies of the document described above via e-mail to the persons at the email 17 addresses set forth above pursuant to the parties’ mutual agreement on or about March 21, 2023, 18 to provide service by e-mail. 19 I declare under penalty of perjury under the laws of the State of California that the above is 20 true and correct. 21 Executed on November 9, 2023, at Fremont, California. 22 23 Christina Perez 24 25 26 27 28 PROOF OF SERVICE