Party Discovery: LOPEZ ET AL-V-ALCALA ET AL Print

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                                MARTINTAN             ASSOCIATES INC
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                    3    Los An eles CA 90Q6
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                        THE LAW QFFICES OF HAYTHAM FARAJ PLLC
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                        Haytham        Faraj   Esc       Bar Na 291416                                        GLaR     Ma   1 v   t7       uT

                         1935 W Belmant Ave
                   7    Chicago IL 6465
                        Tel 312 635 08Q0
                        Fax 312 635 0800
                        Email haytham           farajlaw com


               1 Q Attorney s for Plaintffs

               1 1

                                                     SUPFRIOR COURT 4F THE STATE OF CALIFORNIA
               12

                                                                      Ct7UNTY OF SAN BERNARDINO
               1
                        FRANCI5C0 ESCALERA LOPEZ                         an        Case No CIV DS1909599
               14
                        individual MAYRA HERNANDEZ an
                   S    individual      and    FRANCISCO ESCALERA                  SEPARAT          STATElVIENT IN SUPPOI2T OF
                        HERNANDEZ              a mi lor   by   and   through       PLAINTIFFS MOTION TO COMPEL
               l        Guardian Ad Litern MAYRA HERNANDEZ                         COMPLIANCE WITH DISCOVF RY
                                                                                   REQUESTS AND FOR SANCTIONS
               1
                                                     Plaintiffs

               lg                                                                  Hearing   Date   to   be determin    1
                                   v
                                                                                   I Iearing Time to he c ete mined to vo aM
               19

                        DAVI D ALCALA an individual MELCHOR
               2
                        AUT4 TRANSPORT INC a business entity
               2        form unknown CARMAX AUTO
                        SUPERSTORES WEST C 3AST INC a
               2
                        business entity form unknown CARMAX
                         UTt3 SUFERSTORES CALIF4RNIA
               23
                        LLC a business entity fortn unlcnowrn and
    L          2q       DOES 1 100 Inclusi e

               25
        v                                            Defendants
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    r
               26
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               28


                                                                                    1                                  Case No CIV DS1909599

                         SEPARATE STA I EMBNT IN SUPPORT OF PLAINTIFFS MOTION TO COMPEL COMPLIANCE WITH
                                                           DISCOVERY REQUESTS AND FOR SANCTIONS
             1                                                  SEPARA TE STATEMENT

             2
                        This document is intended ta serve as the separate statement required by Ru e 3 l 345 in

             3   connection with the foregoing motion
             4


             5          I         PLAINTIFF S REQUESTS FOR ADMISSION TO DEFENDANT

             6                    METRC GIBTICS LLC SET QNE

             7   Request For Admission No l

             8          Adrnit that Metrogistics LLC is owned in its entir ty by Metrogistics Acquisition LLC

             9   Response to Request For Acimission No l

            10               BJECTION          I his is vague ambiguous and uninte ligib e request as phrased It is a request for

            I1   admission about matters which are irrelevant ta the subject matter af the action and not reasonably

            12 calculated to lead to discovery of admissible evidenc regarding the accideiYt alleged in this case or the
            13   brokerage transaction whicli defines the l imited involvement of Metr gistics LLC It is also an

            14 overbroad und uly burdensal re irnproper and harassing inquiry into privileged personal private and

            15 fin ncial infarmatian which vialates tl e rights and interests of numeraus non party individuals and

            16 separate non party entities not invalved in any way in decision making and perfarmance in connection
            17 with or related ta the Mrokei ing of the laad of vehicles Melchor Auto Transpart a legally authrarized
            18 motar carrier was carrying at the ti ne ofthe accident alleged in this c se The function and purpose of

            19 this corporation is a matter ofnon discoverable attorney client privilege and attorney work product

            20   Factual and Legal Basis for Motion ta Compel

            21          This discovery request is an effort to confrm whether Metrogistics is truly praviding brake age

            22 services anly as well as whether its business activity ca ld be lawfully carried an only under a public
            23   franchise   or autl   ority    Serna   v
                                                            Pcttey Leach   Truckin   Inc   2003   1 l 0 Cal   App   4th 1475   1477   he



    u
            24   response of Metrogistics to requests 1 2 3 4 S 6 7 9 10 I1 12 13 14 15 and 16 are identicat


        v
            25 boilerplate objections Metrogistics objects to these requests as targeting matters which are irrelevant to

i   4

    03
            26 the subject matter of the action and not reasonably calculated to ead to discovery of admissible

d           27   evide ce     even thaugh Metrogistics has placed the issue of whether it is a broker at the center of its
PZS J



            2    own motiol for summary judgment The objection treats as an established fact tl at Metrogistics was
                                                                                                                    Case No ClV DS1909599

                  SEPARATE STt TEMBNT 1N SL7PPORT O                    PLAiNTIFFS MOT 4N Tt7 COMPEL COMPLIANCE WIT 1
                                                    I7ISCOV RY REQIJESTS AND FOR SANCTIONS