Preview
Stefano G. Formica, Esq. [SBN: 241958]
sformica(a)formicalawgroup.com ELECTRONICALLY FILED
KellianW. Summers, Esq. [SBN: 306072] SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
ksummersébformicalawgroup.com SAN BERNARDINO DISTRICT
Nuccio Patti, Esq. [SBN: 349480]
11/20/2023 8:21 PM
npatti@f0rmica1awgr0up.com
QQUI-bUJN
FORMICA LAW GROUP By: Jasmine Bolanos, DEPUTY
5900 Wilshire B1Vd., Suite 2250
Los Angeles, CA, 90036
Tel: (323) 272-3334
Fax: (323) 272-3926
Attorneys for Plaintiff,
ABRAHAM CERDA TRUJILLO
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SAN BERNARDINO — SAN BERNARDINO JUSTICE CENTER
11
ABRAHAM CERDA TRUJILLO, an CASE NO.: CIVD82020893
12
individual,
[Assigned for All Purposes t0 Hon. Winston
13
Plaintiff, Keh, Dept. S33]
14
VS. PLAINTIFF’S NOTICE OF MOTION AND
15 MOTION TO COMPEL FURTHER
ALEX JOHN BENITEZ, JR., driver; RESPONSES FROM DEFENDANT
16
FRESENIUS MEDICAL CARE HOLDINGS, FRESENIUS MEDICAL CARE
17
INC., Registered Owner; and DOES t0 50,1HOLDINGS, INC. TO FORM
inclusive, INTERROGATORIES, SET ONE;
18 REQUEST FOR MONETARY
Defendants. SANCTIONS AGAINST DEFENDANT
19 AND/OR THEIR COUNSEL;
MEMORANDUM OF POINTS AND
20
AUTHORITIES
21
[Filed concurrently with Plaintifi’iv Separate
22 Statement; Declaration ofKellian W.
Summers; and [Proposed] Order]
23
Date: January 22, 2024
24
Time: 8:30 A.M.
25 Dept: S33
26 Complaint Date: October 2, 2020
TRC: September 19, 2024
27 Trial Date: September 25, 2024
28
1
PLAINTIFF’S NOTICE OFMOTION AND MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANT FRESENIUS
MEDICAL CARE HOLDINGS, INC. TO FORM INTERROGATORIES, SET ONE; REQUEST FOR MONETARY SANCTIONS AGAINST
DEFENDANT AND/OR THEIR COUNSEL; MEMORANDUM OF POINTS AND AUTHORITIES
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that 0n January 22, 2024, at 8:30 am. in Department S33 of
the above-entitled Court located at 247 W. 3rd St., San Bernardino, California 92415, Plaintiff
QQUI-bUJN
ABRAHAM CERDA TRUJILLO will move this Court, pursuant to California Code of Civil
Procedure section 203 1 .3 10, for an Order compelling Defendant FRESENIUS MEDICAL CARE
HOLDINGS, INC. t0 serve a further, verified response t0 Plaintiff’s Form Interrogatories, Set
One, N0. 15.1, served on July 20, 2023.
Notice is further given that pursuant t0 Code ofCiVil Procedure § 2030.300 et seq. Plaintiff
Will request the Court award monetary sanctions against Defendant FRESENIUS MEDICAL
10 CARE HOLDINGS, INC. and/or their counsel of record, TUCKER ELLIS LLP, jointly and
11 severally, and in favor of Plaintiff in the sum of $2,260.00 for misuse of discovery.
12 This Motion is made pursuant t0 Code of Civil Procedure section § 2030.300 0n the
13 grounds Defendant has failed, without justification to serve a proper response t0 this
14 Interrogatory.
15 This Motion is fithher based upon this Notice 0f Motion, the attached Memorandum 0f
16 Points and Authorities, the Separate Statement in Support, the Declaration 0f Kellian W.
17 Summers, all exhibits, evidence, pleadings, and files in this action; and upon such further evidence
18 and argument as may be presented prior to 0r at the time of hearing this motion.
19
20 DATED: November 20, 2023. FORMICA LAW GROUP, APC
21
22
23
STEFANO G. FORMICA, ESQ.
24 KELLIAN W. SUMMERS, ESQ.
NUCCIO PATTI, ESQ.
25
Attorneys for Plaintiff,
26 ABRAHAM CERDA TRUJILLO
27
28
2
PLAINTIFF’S NOTICE OFMOTION AND MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANT FRESENIUS
MEDICAL CARE HOLDINGS, INC. TO FORM INTERROGATORIES, SET ONE; REQUEST FOR MONETARY SANCTIONS AGAINST
DEFENDANT AND/OR THEIR COUNSEL; MEMORANDUM OF POINTS AND AUTHORITIES
Preview
Stefano G. Formica, Esq. [SBN: 241958] sformica(a)formicalawgroup.com ELECTRONICALLY FILED KellianW. Summers, Esq. [SBN: 306072] SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO ksummersébformicalawgroup.com SAN BERNARDINO DISTRICT Nuccio Patti, Esq. [SBN: 349480] 11/20/2023 8:21 PM npatti@f0rmica1awgr0up.com QQUI-bUJN FORMICA LAW GROUP By: Jasmine Bolanos, DEPUTY 5900 Wilshire B1Vd., Suite 2250 Los Angeles, CA, 90036 Tel: (323) 272-3334 Fax: (323) 272-3926 Attorneys for Plaintiff, ABRAHAM CERDA TRUJILLO SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN BERNARDINO — SAN BERNARDINO JUSTICE CENTER 11 ABRAHAM CERDA TRUJILLO, an CASE NO.: CIVD82020893 12 individual, [Assigned for All Purposes t0 Hon. Winston 13 Plaintiff, Keh, Dept. S33] 14 VS. PLAINTIFF’S NOTICE OF MOTION AND 15 MOTION TO COMPEL FURTHER ALEX JOHN BENITEZ, JR., driver; RESPONSES FROM DEFENDANT 16 FRESENIUS MEDICAL CARE HOLDINGS, FRESENIUS MEDICAL CARE 17 INC., Registered Owner; and DOES t0 50,1HOLDINGS, INC. TO FORM inclusive, INTERROGATORIES, SET ONE; 18 REQUEST FOR MONETARY Defendants. SANCTIONS AGAINST DEFENDANT 19 AND/OR THEIR COUNSEL; MEMORANDUM OF POINTS AND 20 AUTHORITIES 21 [Filed concurrently with Plaintifi’iv Separate 22 Statement; Declaration ofKellian W. Summers; and [Proposed] Order] 23 Date: January 22, 2024 24 Time: 8:30 A.M. 25 Dept: S33 26 Complaint Date: October 2, 2020 TRC: September 19, 2024 27 Trial Date: September 25, 2024 28 1 PLAINTIFF’S NOTICE OFMOTION AND MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANT FRESENIUS MEDICAL CARE HOLDINGS, INC. TO FORM INTERROGATORIES, SET ONE; REQUEST FOR MONETARY SANCTIONS AGAINST DEFENDANT AND/OR THEIR COUNSEL; MEMORANDUM OF POINTS AND AUTHORITIES TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that 0n January 22, 2024, at 8:30 am. in Department S33 of the above-entitled Court located at 247 W. 3rd St., San Bernardino, California 92415, Plaintiff QQUI-bUJN ABRAHAM CERDA TRUJILLO will move this Court, pursuant to California Code of Civil Procedure section 203 1 .3 10, for an Order compelling Defendant FRESENIUS MEDICAL CARE HOLDINGS, INC. t0 serve a further, verified response t0 Plaintiff’s Form Interrogatories, Set One, N0. 15.1, served on July 20, 2023. Notice is further given that pursuant t0 Code ofCiVil Procedure § 2030.300 et seq. Plaintiff Will request the Court award monetary sanctions against Defendant FRESENIUS MEDICAL 10 CARE HOLDINGS, INC. and/or their counsel of record, TUCKER ELLIS LLP, jointly and 11 severally, and in favor of Plaintiff in the sum of $2,260.00 for misuse of discovery. 12 This Motion is made pursuant t0 Code of Civil Procedure section § 2030.300 0n the 13 grounds Defendant has failed, without justification to serve a proper response t0 this 14 Interrogatory. 15 This Motion is fithher based upon this Notice 0f Motion, the attached Memorandum 0f 16 Points and Authorities, the Separate Statement in Support, the Declaration 0f Kellian W. 17 Summers, all exhibits, evidence, pleadings, and files in this action; and upon such further evidence 18 and argument as may be presented prior to 0r at the time of hearing this motion. 19 20 DATED: November 20, 2023. FORMICA LAW GROUP, APC 21 22 23 STEFANO G. FORMICA, ESQ. 24 KELLIAN W. SUMMERS, ESQ. NUCCIO PATTI, ESQ. 25 Attorneys for Plaintiff, 26 ABRAHAM CERDA TRUJILLO 27 28 2 PLAINTIFF’S NOTICE OFMOTION AND MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANT FRESENIUS MEDICAL CARE HOLDINGS, INC. TO FORM INTERROGATORIES, SET ONE; REQUEST FOR MONETARY SANCTIONS AGAINST DEFENDANT AND/OR THEIR COUNSEL; MEMORANDUM OF POINTS AND AUTHORITIES