Preview
IZABELLA HARUTYUNYAN, Esq. - State Bar No. 331721
1 DOWNTOWN L.A. LAW GROUP
2 910 S. Broadway Ave.
Los Angeles, CA 90015
3 Tel: (213) 389-3765
Fax: (877) 389-2775
4 Email: izabella@downtownlalaw.com
5
6 Attorneys for Plaintiffs
SARA MICHELLE ROSS, an individual; KALISSA ROSS, a minor by and through her
7 Guardian Ad Litem SARA MICHELLE ROSS; IVY GEMMELL, a minor by and through
her Guardian Ad Litem SARA MICHELLE ROSS; IRELAND GEMMELL, a minor by and
8 through her Guardian Ad Litem SARA MICHELLE ROSS
9
SUPERIOR COURT OF CALIFORNIA
10
COUNTY OF KERN
11
12
SARA MICHELLE ROSS, an individual; Case No: BCV-23-100237
13 KALISSA ROSS, a minor by and through her
Guardian Ad Litem SARA MICHELLE ROSS; DECLARATION OF IZABELLA
14 IVY GEMMELL, a minor by and through her HARUTYUNYAN IN SUPPORT OF
15 Guardian Ad Litem SARA MICHELLE ROSS; PLAINTIFF IRELAND GEMMELL’S
IRELAND GEMMELL, a minor by and OPPOSITION TO DEFENDANTS’
16 through her Guardian Ad Litem SARA MOTION TO COMPEL DISCOVERY
MICHELLE ROSS RESPONSES
17
Plaintiff,
18
v.
19
CYNTHIA MARY LAVERS, an individual;
20
JACK LAVERS dba LAVERS RANCH, an
21 unknown entity; and DOES 1 to 50, inclusive.
Defendants.
22
23
24
25 I, Izabella Harutyunyan, declare as follows:
26 1. I am an attorney licensed to practice law in the courts of the State of California and
27 am an attorney at Downtown L.A. Law Group, attorneys of record for Plaintiff Sara
28 Michelle Ross (“Plaintiff”) in the present action. I am familiar with the matters set
1
DECLARATION OF IZABELLA HARUTYUNYAN IN SUPPORT OF PLAINTIFF’S
OPPOSITION TO MOTION TO COMPEL
1 forth herein and if called upon as a witness could and would competently testify
2 hereto.
3 2. I make this declaration in support of Plaintiff’s opposition to defendants’ motion to
4 compel discovery responses and impose sanctions. I am personally familiar with the
5 file in this matter and the following facts are within my personal knowledge, and if
6 sworn as a witness, I could and would competently testify to them.
7 3. Plaintiffs filed their complaint in this matter on January 24, 2023. Defendants filed
8 their answer on April 9, 2023.
9 4. Defendants Propounded Written Discovery requests to Plaintiffs on August 8, 2023.
10 Plaintiffs responses were originally due on September 11, 2023.
11 5. On September 8, 2023 I emailed Defendants Counsel, asking for a 30 days’
12 extension, specifically mentioning that I lost contacts with the clients. Defense
13 counsel granted only two-week extension to discovery responses with the new
14 deadline of September 25, 2023.
15 6. On September 21, 2023 I again emailed counsel for Defendants advising that I had
16 not succeeded in contacting Plaintiff and asked for another 30 days’ extension to
17 respond to discovery, mentioning that if I was able to contact the client sooner, I
18 would gladly submit the responses immediately (true and correct copy of Plaintiffs
19 and Defendants’ counsel’s correspondence is attached hereto as Exhibit A).
20 7. On September 26, 2023, Counsel for Defendants granted another 2-week extension
21 with the new deadline of October 9, 2023. Further, Counsel for Defendant advised in
22 the same email, that should I need additional at that point, I should reach out to them.
23 8. After those two granted extension, Counsel for Plaintiff telephoned Defense counsel
24 for another extension, to which she was advised that there will be no further
25 extensions.
26 9. On November 27, 2023 Plaintiffs Counsel was served with Motions to compel
27 Plaintiffs’ written discovery responses.
28
2
DECLARATION OF IZABELLA HARUTYUNYAN IN SUPPORT OF PLAINTIFF’S
OPPOSITION TO MOTION TO COMPEL
1 10. I first contacted Plaintiffs in early August, when I was assigned this matter. After the
2 initial introduction and update on the case, I advised the Plaintiffs about the
3 importance of being available at any time.
4 11. However, soon thereafter I completely lost any contact with Plaintiffs. Defendants
5 counsel has been advised on this on several occasions.
6 12. On November 1, 2023 Plaintiffs’ Counsel’s law firm has run TLO on Plaintiffs’.
7 Contact letters were sent to all possible addresses and emails and phone calls have
8 been made with no success.
9 13. On December 6, 2023 USA Express company completed their investigation on
10 Plaintiffs’ and again contact letters were sent and emails and phone calls have been
11 addressed to all possible contact information, again with no avail.
12 14. Counsel for Plaintiff was unsuccessful to reestablish any contact with Plaintiffs up to
13 date.
14 15. Counsel for Plaintiff is filing a motion seeking Court’s permission to be relieved
15 as a Counsel for Plaintiffs simultaneously with this opposition.
16
17
18 DATED: January 2, 2024 DOWNTOWN L.A. LAW GROUP
Ulam
wi
19
\
20 Izabella Harutyunyan, Esq.
21 Attorneys for Plaintiffs,
SARA MICHELLE ROSS, KALISSA
22 ROSS, IVY GEMMELL AND IRELAND
GEMMELL
23
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3
DECLARATION OF IZABELLA HARUTYUNYAN IN SUPPORT OF PLAINTIFF’S
OPPOSITION TO MOTION TO COMPEL
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Exhibit A
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DECLARATION OF IZABELLA HARUTYUNYAN IN SUPPORT OF PLAINTIFF’S
OPPOSITION TO MOTION TO COMPEL
All Q
QReply EQ Reply Forward SEM
Tue 9/26/2023 10240
AM
Izabella Harutyunyan
RE: Ross v. Lavers
To ("ule Rosenthal; [Brian
Dewey
From: Julie Rosenthal [mailto:JRosenthal@mercuryinsurance.com] i
Sent: Monday, September 25, 2023 9:20 AM i
To: Izabella Brian Dewey
Subject: RE: Ross v. Lavers
Hi Izabella,
Mr. Dewey is out of the office and unreachable. I am only able to provide you with an additional 2 week extension. Responses would now be due by 10/9/23. Please reach out again ifyou feel you
require additional time at that point. Thank you.
Sincerely,
Julie B. Rosenthal
Legal Assistant to Brian Dewey, Robert S.Miller and Derick Hovsepian
Bretoi,Lutz & St
‘Mailing Address: PO Box 10790, Santa Ana, CA 92711-0790
Ph800.942.5400 | Direct: 323.857-4973 | Fax 888.906.4936
iirosenthal@mercuryinsurance.com; calegal@mercurvinsurance.com
bretoi i ie
sewvi i so10s. ine desi
(CAlegalf@mercuryinsurance.com. Documents not served
us ing thisHl
email i is
_wIbe deemed properi
serv:e, Do ahard copy
not send of e-served documents to
our physicaloffice.
From: rom
Izabella Harutyunyan
Sent: T Thursday, ” September21,2023 3:27 PPM.
T0: Julie ; 1
Rosenthal Brian Dewe’ Dewey(@mercuryinsurance.com>
‘Subject: RE: Ross v. Lavers
lick on to receive them
fr
Counsel,
have not succeeded still in contacting my client. She seems to have changed her number and | still do not have anew one.
‘Are |
you agreeable to extend discovery responses for 30 days. If lam able to contact her sooner, will gladly submit the responses immediately.
Best
All
QYReply EQ Reply Q SIM
Forward
Tue 9/26/2023 10240
AM
Izabella Harutyunyan
RE: Ross v. Lavers
To ("ule Rosenthal; [Brian
Dewey
From: Izabella Harutyunyan
Sent:Friday, September 8, 2023 12:39 PM
‘Julie
Rosenthal’ y
‘Subject: RE: Ross v. Lavers
Thanks
From: Julie Rosenthal [mailto:Rosenthal@mercuryinsurance.com]
Sent: "day September 8, 2023 12:38 PM
abell Brian Dewey
subject ross loves
Ms. Harutyunyan:
At this time we are only able to provide a two week extension. Please feel free to reach out if you require additional time. I will update our file to reflect responses are now due by 9/25/23
Sincerely,
Julie B. Rosenthal
Legal Assistant to Brian Dewey, Esa.
Bretoi, Lutz & Stele
‘Mailing Address: PO Box 10790, Santa Ana, CA 92711-0790
Ph800.942.5400 | 323.857-4973 | Fax 888.906.4936
Direct:
irosenthal@mercuryinsurance.com; calegal@mercurvinsurance.com
Bi 1010.6.
Reply KQReply All Q Forward GSIM
Tue 9/26/2023 10240
AM
Izabella Harutyunyan
RE: Ross v. Lavers
To ("ule Rosenthal; [Brian
Dewey
From: Izabella Harutyunyan
Sent: Friday, September 8, 2023 10:45 AM.
;Julie Rosenthal|
To: CALegal
S
Subject: RE: Ross v. Lavers
| click on to receive
Please advise re below.
Itried to call you but was directed to voicemail.
From: Izabella Harutyunyan
Sent:
Wednesday, September 6, 2023 12:10 PM
: ‘Julie Rosenthal"
‘Subject: RE: Ross v. Lavers
Counsel,
Good afternoon.
|will have to ask for a30 days extension for discovery responses for this matter.
Ihave lost contact with my client.
‘Are you agreeable to extend the deadline to 10/6/2023?
Best
1 PROOF OF SERVICE
2 I am employed in the County of Los Angeles, State of California. I am over the age
3 of 18 and not a party to the within action; my business address is 910 S Broadway, Los
Angeles, CA 90015.
4
On January 2, 2024 I served the foregoing document described as DECLARATION
5 OF IZABELLA HARUTYUNYAN IN SUPPORT OF PLAINTIFF’S OPPOSITION
6 TO MOTION TO COMPEL
7 on said parties in this action as follows:
8 Brian S. Dewey, Esq.
9 BRETOI, LUTZ & STELE
555 West Imperial Highway,
10 Brea, CA 92821,
Telephone: (866) 543-0394
11
E-mail: CALegal@MercuryInsurance.com
12 JRosenthal@mercuryinsurance.com
13
14 Attorneys for Defendant CYNTHIA MARY LAVERS, JACK LAVERS DBA LAVERS RANCH
15
[X] BY EMAIL DELIVERY: Based on an agreement of the parties to
16 accept service by e-mail or electronic transmission, I sent the above
17 document(s) to the person(s) at the e-mail address(es) listed above. I did
not receive, within a reasonable amount of time after the transmission, any
18 electronic message or other indication that the transmission was
unsuccessful.
19
20 I declare under penalty of perjury under the laws of the State of California that the
21 above is true and correct.
22 Executed on January 2, 2024, at Los Angeles, California. ——>
—
23
_______________________
24 Izabella Harutyunyan
25
26
27
28
5
DECLARATION OF IZABELLA HARUTYUNYAN IN SUPPORT OF PLAINTIFF’S
OPPOSITION TO MOTION TO COMPEL
Preview
IZABELLA HARUTYUNYAN, Esq. - State Bar No. 331721 1 DOWNTOWN L.A. LAW GROUP 2 910 S. Broadway Ave. Los Angeles, CA 90015 3 Tel: (213) 389-3765 Fax: (877) 389-2775 4 Email: izabella@downtownlalaw.com 5 6 Attorneys for Plaintiffs SARA MICHELLE ROSS, an individual; KALISSA ROSS, a minor by and through her 7 Guardian Ad Litem SARA MICHELLE ROSS; IVY GEMMELL, a minor by and through her Guardian Ad Litem SARA MICHELLE ROSS; IRELAND GEMMELL, a minor by and 8 through her Guardian Ad Litem SARA MICHELLE ROSS 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF KERN 11 12 SARA MICHELLE ROSS, an individual; Case No: BCV-23-100237 13 KALISSA ROSS, a minor by and through her Guardian Ad Litem SARA MICHELLE ROSS; DECLARATION OF IZABELLA 14 IVY GEMMELL, a minor by and through her HARUTYUNYAN IN SUPPORT OF 15 Guardian Ad Litem SARA MICHELLE ROSS; PLAINTIFF IRELAND GEMMELL’S IRELAND GEMMELL, a minor by and OPPOSITION TO DEFENDANTS’ 16 through her Guardian Ad Litem SARA MOTION TO COMPEL DISCOVERY MICHELLE ROSS RESPONSES 17 Plaintiff, 18 v. 19 CYNTHIA MARY LAVERS, an individual; 20 JACK LAVERS dba LAVERS RANCH, an 21 unknown entity; and DOES 1 to 50, inclusive. Defendants. 22 23 24 25 I, Izabella Harutyunyan, declare as follows: 26 1. I am an attorney licensed to practice law in the courts of the State of California and 27 am an attorney at Downtown L.A. Law Group, attorneys of record for Plaintiff Sara 28 Michelle Ross (“Plaintiff”) in the present action. I am familiar with the matters set 1 DECLARATION OF IZABELLA HARUTYUNYAN IN SUPPORT OF PLAINTIFF’S OPPOSITION TO MOTION TO COMPEL 1 forth herein and if called upon as a witness could and would competently testify 2 hereto. 3 2. I make this declaration in support of Plaintiff’s opposition to defendants’ motion to 4 compel discovery responses and impose sanctions. I am personally familiar with the 5 file in this matter and the following facts are within my personal knowledge, and if 6 sworn as a witness, I could and would competently testify to them. 7 3. Plaintiffs filed their complaint in this matter on January 24, 2023. Defendants filed 8 their answer on April 9, 2023. 9 4. Defendants Propounded Written Discovery requests to Plaintiffs on August 8, 2023. 10 Plaintiffs responses were originally due on September 11, 2023. 11 5. On September 8, 2023 I emailed Defendants Counsel, asking for a 30 days’ 12 extension, specifically mentioning that I lost contacts with the clients. Defense 13 counsel granted only two-week extension to discovery responses with the new 14 deadline of September 25, 2023. 15 6. On September 21, 2023 I again emailed counsel for Defendants advising that I had 16 not succeeded in contacting Plaintiff and asked for another 30 days’ extension to 17 respond to discovery, mentioning that if I was able to contact the client sooner, I 18 would gladly submit the responses immediately (true and correct copy of Plaintiffs 19 and Defendants’ counsel’s correspondence is attached hereto as Exhibit A). 20 7. On September 26, 2023, Counsel for Defendants granted another 2-week extension 21 with the new deadline of October 9, 2023. Further, Counsel for Defendant advised in 22 the same email, that should I need additional at that point, I should reach out to them. 23 8. After those two granted extension, Counsel for Plaintiff telephoned Defense counsel 24 for another extension, to which she was advised that there will be no further 25 extensions. 26 9. On November 27, 2023 Plaintiffs Counsel was served with Motions to compel 27 Plaintiffs’ written discovery responses. 28 2 DECLARATION OF IZABELLA HARUTYUNYAN IN SUPPORT OF PLAINTIFF’S OPPOSITION TO MOTION TO COMPEL 1 10. I first contacted Plaintiffs in early August, when I was assigned this matter. After the 2 initial introduction and update on the case, I advised the Plaintiffs about the 3 importance of being available at any time. 4 11. However, soon thereafter I completely lost any contact with Plaintiffs. Defendants 5 counsel has been advised on this on several occasions. 6 12. On November 1, 2023 Plaintiffs’ Counsel’s law firm has run TLO on Plaintiffs’. 7 Contact letters were sent to all possible addresses and emails and phone calls have 8 been made with no success. 9 13. On December 6, 2023 USA Express company completed their investigation on 10 Plaintiffs’ and again contact letters were sent and emails and phone calls have been 11 addressed to all possible contact information, again with no avail. 12 14. Counsel for Plaintiff was unsuccessful to reestablish any contact with Plaintiffs up to 13 date. 14 15. Counsel for Plaintiff is filing a motion seeking Court’s permission to be relieved 15 as a Counsel for Plaintiffs simultaneously with this opposition. 16 17 18 DATED: January 2, 2024 DOWNTOWN L.A. LAW GROUP Ulam wi 19 \ 20 Izabella Harutyunyan, Esq. 21 Attorneys for Plaintiffs, SARA MICHELLE ROSS, KALISSA 22 ROSS, IVY GEMMELL AND IRELAND GEMMELL 23 24 25 26 27 28 3 DECLARATION OF IZABELLA HARUTYUNYAN IN SUPPORT OF PLAINTIFF’S OPPOSITION TO MOTION TO COMPEL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Exhibit A 23 24 25 26 27 28 4 DECLARATION OF IZABELLA HARUTYUNYAN IN SUPPORT OF PLAINTIFF’S OPPOSITION TO MOTION TO COMPEL All Q QReply EQ Reply Forward SEM Tue 9/26/2023 10240 AM Izabella Harutyunyan RE: Ross v. Lavers To ("ule Rosenthal; [Brian Dewey From: Julie Rosenthal [mailto:JRosenthal@mercuryinsurance.com] i Sent: Monday, September 25, 2023 9:20 AM i To: Izabella Brian Dewey Subject: RE: Ross v. Lavers Hi Izabella, Mr. Dewey is out of the office and unreachable. I am only able to provide you with an additional 2 week extension. Responses would now be due by 10/9/23. Please reach out again ifyou feel you require additional time at that point. Thank you. Sincerely, Julie B. Rosenthal Legal Assistant to Brian Dewey, Robert S.Miller and Derick Hovsepian Bretoi,Lutz & St ‘Mailing Address: PO Box 10790, Santa Ana, CA 92711-0790 Ph800.942.5400 | Direct: 323.857-4973 | Fax 888.906.4936 iirosenthal@mercuryinsurance.com; calegal@mercurvinsurance.com bretoi i ie sewvi i so10s. ine desi (CAlegalf@mercuryinsurance.com. Documents not served us ing thisHl email i is _wIbe deemed properi serv:e, Do ahard copy not send of e-served documents to our physicaloffice. From: rom Izabella Harutyunyan Sent: T Thursday, ” September21,2023 3:27 PPM. T0: Julie ; 1 Rosenthal Brian Dewe’ Dewey(@mercuryinsurance.com> ‘Subject: RE: Ross v. Lavers lick on to receive them fr Counsel, have not succeeded still in contacting my client. She seems to have changed her number and | still do not have anew one. ‘Are | you agreeable to extend discovery responses for 30 days. If lam able to contact her sooner, will gladly submit the responses immediately. Best All QYReply EQ Reply Q SIM Forward Tue 9/26/2023 10240 AM Izabella Harutyunyan RE: Ross v. Lavers To ("ule Rosenthal; [Brian Dewey From: Izabella Harutyunyan Sent:Friday, September 8, 2023 12:39 PM ‘Julie Rosenthal’ y ‘Subject: RE: Ross v. Lavers Thanks From: Julie Rosenthal [mailto:Rosenthal@mercuryinsurance.com] Sent: "day September 8, 2023 12:38 PM abell Brian Dewey subject ross loves Ms. Harutyunyan: At this time we are only able to provide a two week extension. Please feel free to reach out if you require additional time. I will update our file to reflect responses are now due by 9/25/23 Sincerely, Julie B. Rosenthal Legal Assistant to Brian Dewey, Esa. Bretoi, Lutz & Stele ‘Mailing Address: PO Box 10790, Santa Ana, CA 92711-0790 Ph800.942.5400 | 323.857-4973 | Fax 888.906.4936 Direct: irosenthal@mercuryinsurance.com; calegal@mercurvinsurance.com Bi 1010.6. Reply KQReply All Q Forward GSIM Tue 9/26/2023 10240 AM Izabella Harutyunyan RE: Ross v. Lavers To ("ule Rosenthal; [Brian Dewey From: Izabella Harutyunyan Sent: Friday, September 8, 2023 10:45 AM. ;Julie Rosenthal| To: CALegal S Subject: RE: Ross v. Lavers | click on to receive Please advise re below. Itried to call you but was directed to voicemail. From: Izabella Harutyunyan Sent: Wednesday, September 6, 2023 12:10 PM : ‘Julie Rosenthal" ‘Subject: RE: Ross v. Lavers Counsel, Good afternoon. |will have to ask for a30 days extension for discovery responses for this matter. Ihave lost contact with my client. ‘Are you agreeable to extend the deadline to 10/6/2023? Best 1 PROOF OF SERVICE 2 I am employed in the County of Los Angeles, State of California. I am over the age 3 of 18 and not a party to the within action; my business address is 910 S Broadway, Los Angeles, CA 90015. 4 On January 2, 2024 I served the foregoing document described as DECLARATION 5 OF IZABELLA HARUTYUNYAN IN SUPPORT OF PLAINTIFF’S OPPOSITION 6 TO MOTION TO COMPEL 7 on said parties in this action as follows: 8 Brian S. Dewey, Esq. 9 BRETOI, LUTZ & STELE 555 West Imperial Highway, 10 Brea, CA 92821, Telephone: (866) 543-0394 11 E-mail: CALegal@MercuryInsurance.com 12 JRosenthal@mercuryinsurance.com 13 14 Attorneys for Defendant CYNTHIA MARY LAVERS, JACK LAVERS DBA LAVERS RANCH 15 [X] BY EMAIL DELIVERY: Based on an agreement of the parties to 16 accept service by e-mail or electronic transmission, I sent the above 17 document(s) to the person(s) at the e-mail address(es) listed above. I did not receive, within a reasonable amount of time after the transmission, any 18 electronic message or other indication that the transmission was unsuccessful. 19 20 I declare under penalty of perjury under the laws of the State of California that the 21 above is true and correct. 22 Executed on January 2, 2024, at Los Angeles, California. ——> — 23 _______________________ 24 Izabella Harutyunyan 25 26 27 28 5 DECLARATION OF IZABELLA HARUTYUNYAN IN SUPPORT OF PLAINTIFF’S OPPOSITION TO MOTION TO COMPEL