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Terri L. Masserman, Esq. (SBN 147815)
Mitchell F. Ducey, Esq. (SBN 154071)
JeSSica A' HOCh’ Esq' (SEN 341 13 1)
EbEPCEETgF? E3353; géEgALIFORNIA
DECEY COUNTY 0F SAN BERNARDINO
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.
SAN BERNARDINO DISTRICT
15260 Ventura Boulevard, Suite 1740
Sherman Oaks, California 91403 12/7/2023 7:14 PM
Telephone: (818) 646-5000 I
E-Mail: Litigati0n@md-llp.com By: LeS||e zepeda, DEPUTY
Attorneys for Defendant, MARIA A. TORRES
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
lO ALEXANDRA COELLO, Case No.2 CIVD82017322
[Complaint FiledAugust 5, 2020]
ll Plaintiff, Assigned t0 the Honorable Khymberli S.
Apaloo Dept. S25
l2 _V._
DEFENDANT’S NOTICE OF MOTION
LLP l3 MARIA A. TORRES; and DOES 1 through 50, AND MOTION FOR AN ORDER
inclusive, DEEMING ADMITTED TRUTH OF
Ducey,
l4 FACTS, AND REQUEST FOR
Defendants. MONETARY SANCTIONS IN THE
& 15 AMOUNT OF $849.15 AGAINST
PLAINTIFF AND HER COUNSEL OF
RECORD; MEMORANDUM OF
vvvvvvvvvvvvvvvvvvvvvvv
l6
Masserman
POINTS AND AUTHORITIES;
l7 DECLARATION OF JESSICA A. HOCH
18 Lodged Concurrently With:
[PROPOSED] ORDER
l9
DATE: March 14, 2024
20 TIME: 8:30 a.m.
DEPT: SZS
21
22 TO THIS HONORABLE COURT AND PLAINTIFF, AND TO HER COUNSEL OF
23 RECORD:
24 PLEASE TAKE NOTICE that on March 14, 2024, at 8:30 a.m., or as soon thereafter as
25 the matter may be heard in Department $25 0f the 0f the above-mentioned court, located at 247
26 West Third Street, San Bernardino, California 92415, defendant, MARIA A. TORRES
27 (“defendant” 0r “moving defendant”) will and hereby does move this Court for the following
28 orders:
NOTICE OF MOTION AND MOTION FOR ORDER DEEMING ADMITTED TRUTH OF
FACTS; REQUEST FOR MONETARY SANCTIONS
—l— 500.0528
(1) For an order that the truth of each matter specified and the genuineness of each
document specified in the Requests for Admission, Set One, served 0n ALEXANDRA COELLO
(“p1aintiff’) 0n August 10, 2023, be deemed admitted and conclusively established for all purposes
in this action, with obj actions waived. A copy of defendant’s Requests for Admission, Set One to
plaintiff is attached as Exhibit “A”.
(2) For monetary sanctions against plaintiff for the reasonable attorney’s fees and costs
incurred by moving defendant in bringing the instant motion, in the amount 0f $849. 1 5, pursuant
t0 Code 0f Civil Procedure sections 2033.280 and 2023.010(d).
This motion is brought pursuant t0 Code of Civil Procedure section 2033.280(b)-(c) 0n the
10 grounds that good cause exists because the admissions sought by defendant are relevant t0 the
ll subj ect matter 0f this action, reasonably calculated to lead to the discovery of admissible evidence
12 and/or to set at rest a triable issue so that, in the interest ofjudicial economy, admitted matters Will
LLP l3 not have t0 be tried, and on the grounds that plaintiff has failed t0 provide any admissions or
Ducey,
l4 denials in Violation of Code 0f Civil Procedure section 2033.250(a). See Cembrook v. Sterling
15 Drug, Inc. (1964) 231 Ca1.App.2d 52, 62.
&
l6 This motion is further based upon this notice of motion, the attached memorandum of
Masserman
17 points and authorities, the declaration 0f Jessica A. Hoch, the exhibits attached hereto, the
18 [proposed] order lodged concurrently herewith, the pleadings and papers in the Court's file, and
l9 on all such other oral and documentary evidence as may be presented at the hearing 0n this Motion.
20 Dated: December 6, 2023 MASSERMAN & DUCEY, LLP
21
22 By:
TERRI L. MASSERMAN, ESQ.
23 MITCHELL F. DUCEY, ESQ.
JESSICA A. HOCH, ESQ.
24 Attorneys for Defendant, MARIA A. TORRES
25
26
27
28
NOTICE OF MOTION AND MOTION FOR ORDER DEEMING ADMITTED TRUTH OF
FACTS; REQUEST FOR MONETARY SANCTIONS
—2— 500.0528
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Terri L. Masserman, Esq. (SBN 147815) Mitchell F. Ducey, Esq. (SBN 154071) JeSSica A' HOCh’ Esq' (SEN 341 13 1) EbEPCEETgF? E3353; géEgALIFORNIA DECEY COUNTY 0F SAN BERNARDINO Xfifigflgfifiy amerShlP . SAN BERNARDINO DISTRICT 15260 Ventura Boulevard, Suite 1740 Sherman Oaks, California 91403 12/7/2023 7:14 PM Telephone: (818) 646-5000 I E-Mail: Litigati0n@md-llp.com By: LeS||e zepeda, DEPUTY Attorneys for Defendant, MARIA A. TORRES SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO lO ALEXANDRA COELLO, Case No.2 CIVD82017322 [Complaint FiledAugust 5, 2020] ll Plaintiff, Assigned t0 the Honorable Khymberli S. Apaloo Dept. S25 l2 _V._ DEFENDANT’S NOTICE OF MOTION LLP l3 MARIA A. TORRES; and DOES 1 through 50, AND MOTION FOR AN ORDER inclusive, DEEMING ADMITTED TRUTH OF Ducey, l4 FACTS, AND REQUEST FOR Defendants. MONETARY SANCTIONS IN THE & 15 AMOUNT OF $849.15 AGAINST PLAINTIFF AND HER COUNSEL OF RECORD; MEMORANDUM OF vvvvvvvvvvvvvvvvvvvvvvv l6 Masserman POINTS AND AUTHORITIES; l7 DECLARATION OF JESSICA A. HOCH 18 Lodged Concurrently With: [PROPOSED] ORDER l9 DATE: March 14, 2024 20 TIME: 8:30 a.m. DEPT: SZS 21 22 TO THIS HONORABLE COURT AND PLAINTIFF, AND TO HER COUNSEL OF 23 RECORD: 24 PLEASE TAKE NOTICE that on March 14, 2024, at 8:30 a.m., or as soon thereafter as 25 the matter may be heard in Department $25 0f the 0f the above-mentioned court, located at 247 26 West Third Street, San Bernardino, California 92415, defendant, MARIA A. TORRES 27 (“defendant” 0r “moving defendant”) will and hereby does move this Court for the following 28 orders: NOTICE OF MOTION AND MOTION FOR ORDER DEEMING ADMITTED TRUTH OF FACTS; REQUEST FOR MONETARY SANCTIONS —l— 500.0528 (1) For an order that the truth of each matter specified and the genuineness of each document specified in the Requests for Admission, Set One, served 0n ALEXANDRA COELLO (“p1aintiff’) 0n August 10, 2023, be deemed admitted and conclusively established for all purposes in this action, with obj actions waived. A copy of defendant’s Requests for Admission, Set One to plaintiff is attached as Exhibit “A”. (2) For monetary sanctions against plaintiff for the reasonable attorney’s fees and costs incurred by moving defendant in bringing the instant motion, in the amount 0f $849. 1 5, pursuant t0 Code 0f Civil Procedure sections 2033.280 and 2023.010(d). This motion is brought pursuant t0 Code of Civil Procedure section 2033.280(b)-(c) 0n the 10 grounds that good cause exists because the admissions sought by defendant are relevant t0 the ll subj ect matter 0f this action, reasonably calculated to lead to the discovery of admissible evidence 12 and/or to set at rest a triable issue so that, in the interest ofjudicial economy, admitted matters Will LLP l3 not have t0 be tried, and on the grounds that plaintiff has failed t0 provide any admissions or Ducey, l4 denials in Violation of Code 0f Civil Procedure section 2033.250(a). See Cembrook v. Sterling 15 Drug, Inc. (1964) 231 Ca1.App.2d 52, 62. & l6 This motion is further based upon this notice of motion, the attached memorandum of Masserman 17 points and authorities, the declaration 0f Jessica A. Hoch, the exhibits attached hereto, the 18 [proposed] order lodged concurrently herewith, the pleadings and papers in the Court's file, and l9 on all such other oral and documentary evidence as may be presented at the hearing 0n this Motion. 20 Dated: December 6, 2023 MASSERMAN & DUCEY, LLP 21 22 By: TERRI L. MASSERMAN, ESQ. 23 MITCHELL F. DUCEY, ESQ. JESSICA A. HOCH, ESQ. 24 Attorneys for Defendant, MARIA A. TORRES 25 26 27 28 NOTICE OF MOTION AND MOTION FOR ORDER DEEMING ADMITTED TRUTH OF FACTS; REQUEST FOR MONETARY SANCTIONS —2— 500.0528