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1 Robert B. Mobasseri (SBN 193193)
David Alan Cooper (SBN 190203)
2 LAW OFFICES OF ROBERT B. MOBASSERI, P.C.
3 15760 Ventura Boulevard, Suite 850
Encino, CA 91436
4 Tel: (213) 282-2000 | Fax: (213) 282-3000
E-Service: EService@MobasseriLaw.com
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6 Attorneys for Plaintiffs, CRISTOBAL FLETES AND OSCAR ISIDRO FLETES BERNAL
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF MONTEREY
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CRISTOBAL FLETES, OSCAR ISIDRO Case No.: 23CV000513
11 FLETES BERNAL,
Complaint Filed: February 17, 2023
12
Plaintiffs,
13 PLAINTIFFS’ REPLY IN SUPPORT OF
vs. PLAINTIFFS’ MOTION TO COMPEL
14 FURTHER RESPONSES TO REQUESTS
15 GOLD START MOTORS, INC.; GENERAL FOR PRODUCTION OF DOCUMENTS,
MOTORS, LLC.; COASTHILLS CREDIT SET ONE, TO DEFEDANT GENERAL
16 UNION; DOES 1 through 100, Inclusive, MOTORS, LLC; DECLARATION OF
DAVID A. COOPER
17 Defendants.
18 Hearing:
Date: December 15, 2023
19 Time: 8:30 AM
Dept: 15
20
21 Trial: None
22 Plaintiffs Cristobal Fletes and Oscar Isidro Fletes Bernal (“Plaintiffs”) hereby submit
23 their Reply in support of Plaintiffs’ Motion to Compel Further Responses to Request for
24 Production of Documents, Set One:
25 A. THE MOTION TO COMPEL IS NOT MOOT
26 Defendant General Motors, LLC (“GM”) still has not produced any documents
27 responsive to Plaintiffs’ Request for Production of Documents, Set One. Generally, a matter is
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PLAINTIFFS’ REPLY IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL FURTHER
RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, TO
DEFEDANT GENERAL MOTORS, LLC
1 moot, “when any ruling would have no practical effect and cannot provide any effective relief.”
2 Lincoln Place Tenants Assn. v. City of Los Angeles, 155 Cal. App. 4th 425, 454 (2007). Because
3 GM has not produced documents, they have not addressed the issues upon which the Motion to
4 Compel is based upon, and therefore, the issues are still “live” and unresolved.
5 Courts only find a motion “moot” where there is no longer any controversy. . See State
6 Comp. Ins. Fund v. Selma Trailer & Mfg. Co. (1989) 210 Cal. App. 3d 740, 745 (explaining that
7 the trial court issued its order dismissing the complaint and finding the motion to compel moot.).
8 In discovery matters, responding to the discovery request moots the motion to compel, but not
9 responding to the discovery request does not moot the motion to compel. Do v. Superior Court
10 (2003) 109 Cal. App. 4th 1210, 1212 (standing for the proposition that complying with discovery
11 propounded makes a motion to compel moot). Only by completing the deposition was the motion
12 mooted. Had the deponent not appeared the motion would have remained at issue.
13 Here, despite numerous requests and follow up e-mail by Plaintiff’s counsel, GM still has
14 not produced any documents responsive to Plaintiffs’ Request for Production of Documents, Set
15 One.
16
17 Dated: December 7, 2023 LAW OFFICES OF ROBERT B. MOBASSERI, P.C.
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By: __________________________________________
19
Robert B. Mobasseri
20 David Alan Cooper
Attorneys for Plaintiffs, CRISTOBAL FLETES
21 AND OSCAR ISIDRO FLETES BERNAL
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PLAINTIFFS’ REPLY IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL FURTHER
RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, TO
DEFEDANT GENERAL MOTORS, LLC
1 DECLARATION OF DAVID A. COOPER
2 I, David A. Cooper, declare as follows:
3 1. I am an attorney at law duly licensed to practice before all courts in the State of California.
4 I am an Associate for the Law Offices of Robert B. Mobasseri, APC, attorneys of records for
5 Plaintiffs Cristobal Fletes and Oscar Isidro Fletes Bernal in the above captioned case. I am familiar
6 with the papers, records, documents, and files, which are maintained by this office in the regular
7 course of business. I have personal knowledge of the facts stated herein and if called upon to testify
8 thereto I could and would do so competently. I make this declaration in support of Plaintiffs’ Reply
9 in support of Plaintiffs’ Motion to Compel Further Responses to Request for Production of
10 Documents, Set One, to Defendant General Motors, LLC (“GM”).
11 2. GM has not produced any documents responsive to Plaintiffs’ Request for Production of
12 Documents, Set One. Although GM belatedly served verified responses, no documents have been
13 produced.
14 3. Moreover, GM’s responses indicate that responsive documents would be produced, but
15 produced none. A true and correct copy of GM’s responses are attached hereto as Exhibit A.
16 I declare under penalty of perjury under the laws of the State of California the foregoing is
17 true and correct and that this declaration was executed on December 7, 2023, at Los Angeles,
18 California.
___________________________________
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David A. Cooper
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PLAINTIFFS’ REPLY IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL FURTHER
RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, TO
DEFEDANT GENERAL MOTORS, LLC
PROOF OF SERVICE
1
2 I, Steven A. Berkowitz, declare as follows: I am employed in the County of Los Angeles.
I am over the age of eighteen years and not a party to the within above-entitled action. My business
3 address is 15760 Ventura Boulevard, Suite 850, Encino, California, 91436.
4
On December 7, 2023, I served the PLAINTIFFS’ REPLY IN SUPPORT OF
5 PLAINTIFFS’ MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR
PRODUCTION OF DOCUMENTS, SET ONE, TO DEFEDANT GENERAL MOTORS,
6 LLC on the interested parties in the within action, as follows:
7
Mary Lynn Arens McBride, Esq. Attorneys for Defendants,
8 Cameron Major, Esq. General Motors LLC and Gold Star
THE ERSKINE LAW GROUP, PC Motors, Inc.
9 1576 N. Batavia St., Suite A
10 Orange, CA 92867
Tel: (949) 777-6032/Fax: (714) 844-9035
11 Email: marensmcbride@erskinelaw.com
Email: EService-CA@erskinelaw.com
12 Email: cmajor@erskinelaw.com
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__X__ VIA ELECTRONIC MAIL: By causing a true copy of the document(s) above to be sent
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from the email address jim@mobasserilaw.com to the persons listed above at their respective email
15 addresses. The document(s) were served electronically and their transmission was reported as
complete and without error. Service was completed before the close of business on the below date.
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17 __X__ STATE: I declare under penalty of perjury under the laws of the State of California that
18 the foregoing it true and correct.
19 Executed on December 7, 2023, at Los Angeles, California.
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/s/_____________________________________
21 Steven A. Berkowitz
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PLAINTIFFS’ REPLY IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL FURTHER
RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, TO
DEFEDANT GENERAL MOTORS, LLC
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1 Robert B. Mobasseri (SBN 193193) David Alan Cooper (SBN 190203) 2 LAW OFFICES OF ROBERT B. MOBASSERI, P.C. 3 15760 Ventura Boulevard, Suite 850 Encino, CA 91436 4 Tel: (213) 282-2000 | Fax: (213) 282-3000 E-Service: EService@MobasseriLaw.com 5 6 Attorneys for Plaintiffs, CRISTOBAL FLETES AND OSCAR ISIDRO FLETES BERNAL 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF MONTEREY 10 CRISTOBAL FLETES, OSCAR ISIDRO Case No.: 23CV000513 11 FLETES BERNAL, Complaint Filed: February 17, 2023 12 Plaintiffs, 13 PLAINTIFFS’ REPLY IN SUPPORT OF vs. PLAINTIFFS’ MOTION TO COMPEL 14 FURTHER RESPONSES TO REQUESTS 15 GOLD START MOTORS, INC.; GENERAL FOR PRODUCTION OF DOCUMENTS, MOTORS, LLC.; COASTHILLS CREDIT SET ONE, TO DEFEDANT GENERAL 16 UNION; DOES 1 through 100, Inclusive, MOTORS, LLC; DECLARATION OF DAVID A. COOPER 17 Defendants. 18 Hearing: Date: December 15, 2023 19 Time: 8:30 AM Dept: 15 20 21 Trial: None 22 Plaintiffs Cristobal Fletes and Oscar Isidro Fletes Bernal (“Plaintiffs”) hereby submit 23 their Reply in support of Plaintiffs’ Motion to Compel Further Responses to Request for 24 Production of Documents, Set One: 25 A. THE MOTION TO COMPEL IS NOT MOOT 26 Defendant General Motors, LLC (“GM”) still has not produced any documents 27 responsive to Plaintiffs’ Request for Production of Documents, Set One. Generally, a matter is 28 1 PLAINTIFFS’ REPLY IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, TO DEFEDANT GENERAL MOTORS, LLC 1 moot, “when any ruling would have no practical effect and cannot provide any effective relief.” 2 Lincoln Place Tenants Assn. v. City of Los Angeles, 155 Cal. App. 4th 425, 454 (2007). Because 3 GM has not produced documents, they have not addressed the issues upon which the Motion to 4 Compel is based upon, and therefore, the issues are still “live” and unresolved. 5 Courts only find a motion “moot” where there is no longer any controversy. . See State 6 Comp. Ins. Fund v. Selma Trailer & Mfg. Co. (1989) 210 Cal. App. 3d 740, 745 (explaining that 7 the trial court issued its order dismissing the complaint and finding the motion to compel moot.). 8 In discovery matters, responding to the discovery request moots the motion to compel, but not 9 responding to the discovery request does not moot the motion to compel. Do v. Superior Court 10 (2003) 109 Cal. App. 4th 1210, 1212 (standing for the proposition that complying with discovery 11 propounded makes a motion to compel moot). Only by completing the deposition was the motion 12 mooted. Had the deponent not appeared the motion would have remained at issue. 13 Here, despite numerous requests and follow up e-mail by Plaintiff’s counsel, GM still has 14 not produced any documents responsive to Plaintiffs’ Request for Production of Documents, Set 15 One. 16 17 Dated: December 7, 2023 LAW OFFICES OF ROBERT B. MOBASSERI, P.C. 18 By: __________________________________________ 19 Robert B. Mobasseri 20 David Alan Cooper Attorneys for Plaintiffs, CRISTOBAL FLETES 21 AND OSCAR ISIDRO FLETES BERNAL 22 23 24 25 26 27 28 2 PLAINTIFFS’ REPLY IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, TO DEFEDANT GENERAL MOTORS, LLC 1 DECLARATION OF DAVID A. COOPER 2 I, David A. Cooper, declare as follows: 3 1. I am an attorney at law duly licensed to practice before all courts in the State of California. 4 I am an Associate for the Law Offices of Robert B. Mobasseri, APC, attorneys of records for 5 Plaintiffs Cristobal Fletes and Oscar Isidro Fletes Bernal in the above captioned case. I am familiar 6 with the papers, records, documents, and files, which are maintained by this office in the regular 7 course of business. I have personal knowledge of the facts stated herein and if called upon to testify 8 thereto I could and would do so competently. I make this declaration in support of Plaintiffs’ Reply 9 in support of Plaintiffs’ Motion to Compel Further Responses to Request for Production of 10 Documents, Set One, to Defendant General Motors, LLC (“GM”). 11 2. GM has not produced any documents responsive to Plaintiffs’ Request for Production of 12 Documents, Set One. Although GM belatedly served verified responses, no documents have been 13 produced. 14 3. Moreover, GM’s responses indicate that responsive documents would be produced, but 15 produced none. A true and correct copy of GM’s responses are attached hereto as Exhibit A. 16 I declare under penalty of perjury under the laws of the State of California the foregoing is 17 true and correct and that this declaration was executed on December 7, 2023, at Los Angeles, 18 California. ___________________________________ 19 David A. Cooper 20 21 22 23 24 25 26 27 28 3 PLAINTIFFS’ REPLY IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, TO DEFEDANT GENERAL MOTORS, LLC PROOF OF SERVICE 1 2 I, Steven A. Berkowitz, declare as follows: I am employed in the County of Los Angeles. I am over the age of eighteen years and not a party to the within above-entitled action. My business 3 address is 15760 Ventura Boulevard, Suite 850, Encino, California, 91436. 4 On December 7, 2023, I served the PLAINTIFFS’ REPLY IN SUPPORT OF 5 PLAINTIFFS’ MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, TO DEFEDANT GENERAL MOTORS, 6 LLC on the interested parties in the within action, as follows: 7 Mary Lynn Arens McBride, Esq. Attorneys for Defendants, 8 Cameron Major, Esq. General Motors LLC and Gold Star THE ERSKINE LAW GROUP, PC Motors, Inc. 9 1576 N. Batavia St., Suite A 10 Orange, CA 92867 Tel: (949) 777-6032/Fax: (714) 844-9035 11 Email: marensmcbride@erskinelaw.com Email: EService-CA@erskinelaw.com 12 Email: cmajor@erskinelaw.com 13 __X__ VIA ELECTRONIC MAIL: By causing a true copy of the document(s) above to be sent 14 from the email address jim@mobasserilaw.com to the persons listed above at their respective email 15 addresses. The document(s) were served electronically and their transmission was reported as complete and without error. Service was completed before the close of business on the below date. 16 17 __X__ STATE: I declare under penalty of perjury under the laws of the State of California that 18 the foregoing it true and correct. 19 Executed on December 7, 2023, at Los Angeles, California. 20 /s/_____________________________________ 21 Steven A. Berkowitz 22 23 24 25 26 27 28 4 PLAINTIFFS’ REPLY IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, TO DEFEDANT GENERAL MOTORS, LLC