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1 Jesse B. Chrisp, Esq. (State Bar No. 262518)
Gregory W. Jemison, Esq. (State Bar No. 312072)
2 Gina Fortino Dickson, Esq. (State Bar No. 343775)
LAW OFFICES OF J. CHRISP
3 6997 Highway 29
Lower Lake, CA 95493
4 Telephone: (707) 994-0529
Facsimile: (707) 995-3529
5 Email: eservice@chrisplaw.com
6 Anna Dubrovsky, Esq., (State Bar No. 197116)
Pavel Krepkiy, Esq. (State Bar No. 269855)
7 ANNA DUBROVSKY LAW GROUP, INC.
601 Montgomery Street, Suite 2015
8 San Francisco, CA 94111
Telephone: (415) 746-1477
9 Facsimile: (415) 746-1478
E-mail: anna@dubrovskylawyers.com
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Attorneys for Plaintiffs,
11 MARINA MIRANDA, ISABELLA
MIRANDA BY GAL – DAVID MIRANDA,
12 WYATT MIRANDA BY GAL –RUDY MIRANDA
13 SUPERIOR COURT OF THE STATE OF CALIFORNIA
14 COUNTY OF SONOMA
15 MARINA MIRANDA, ISABELLA Case No.: SCV-270065
MIRANDA BY GAL – DAVID MIRANDA,
16 WYATT MIRANDA BY GAL – RUDY PLAINTIFFS’ NOTICE OF MOTION
MIRANDA, AND MOTION TO COMPEL
17 DEFENDANT MAURICIO G. CEJA
Plaintiff(s), MADRIGAL TO PROVIDE FURTHER
18 WRITTEN DISCOVERY RESPONSES;
vs. PRODUCE ADDITIONAL DOCUMENTS;
19 TO SIGN AN AUTHORIZATION FOR
MAURICIO G. CEJA MADRIGAL, PRODUCTION OF HIS CELLPHONE
20 CARRERA GARCIA TRANSPORT, LLC, RECORDS; AND DEFENDANT WADE
WADE TRANSPORTATION COMPANY, TRANSPORTATION TO PAY COSTS
21 INC., and DOES 1 through 50, inclusive, FOR FAILURE TO APPEAR AT ITS
PMQ DEPOSITION; REQUEST FOR
22 Defendant(s). SANCTIONS
23 Assigned to Hon. Oscar Pardo for All Purposes
24 Date:
Time 3:00 p.m.
25 Dept.: 19
26 Filed Date: January 25, 2022
Trial Date: April 26, 2024
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PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL
1 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on the date, time, and place, captioned above, or soon
3 thereafter as the matter may be heard, Plaintiffs MARINA MIRANDA, ISABELLA MIRANDA
4 BY GAL – DAVID MIRANDA, WYATT MIRANDA BY GAL – RUDY MIRANDA
5 (“Plaintiffs”) will move this Court for an order compelling Defendant MAURICIO G. CEJA
6 MADRIGAL (“Defendant”) to provide further responses to Form Interrogatories, Set One, Special
7 Interrogatories, Set One, and Request for Production of Documents, Set One propounded by
8 Plaintiffs; produce additional responsive documents and to sign an authorization required by his
9 cellphone provider so Plaintiffs can receive Defendant’s cellphone records pursuant to Code of
10 Civil Procedure § 2025.450(a); and Defendant WADE TRANSPORTATION COMPANY, INC.
11 to pay costs incurred as a result of Defendant Wade’s PMQ’s failure to appear at properly noticed
12 deposition.
13 In addition, Plaintiffs will move the Court for an order compelling Defendant and his
14 attorneys to pay monetary sanctions to Plaintiffs in the sum of $9,040.00 as reasonable costs and
15 expenses, including reasonable costs and expenses, incurred in obtaining the foregoing order.
16 This Motion is made pursuant to California Code of Civil Procedure sections 2031.310,
17 2031.230, 2023.010, and 2023.030 on the grounds that Defendant, MADRIGAL, without
18 substantial justification, has failed to provide further responses to Form Interrogatories, Set One,
19 Special Interrogatories, Set One, and Request for Production of Documents, Set One identified
20 herein, despite meaningful meet and confer attempts to resolve this discovery dispute informally.
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PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL
1 This Motion is based on the notice, all pleadings, papers and records in this action, the
2 attached Memorandum of Point and Authorities, the Declaration of Jesse B. Chrisp, Esq., the
3 Declaration of Pavel Krepkiy, Esq., the Declaration of Anna Dubrovsky, Esq., the Separate
4 Statement filed concurrently herewith, and upon such other oral and documentary evidence as may
5 be presented at the hearing of this Motion.
6
7 DATED: February 13, 2024 LAW OFFICES OF J. CHRISP
8
9 By: ___________________________
JESSE B. CHRISP
10 Attorney for Plaintiffs,
MARINA MIRANDA, ISABELLA
11 MIRANDA BY GAL – DAVID
MIRANDA, WYATT MIRANDA
12 BY GAL –RUDY MIRANDA
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PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL
1 PROOF OF SERVICE
2 I am a citizen of the United States and a resident of the County of Lake. I am over the age
3 of 18 years and not a party to the action. My business address is 9667 Highway 29, Lower Lake,
4 CA 95457.
5 On February 13, 2024, I served the following document(s):
6 PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT
MAURICIO G. CEJA MADRIGAL TO PROVIDE FURTHER WRITTEN DISCOVERY
7 RESPONSES; PRODUCE ADDITIONAL DOCUMENTS; TO SIGN AN
AUTHORIZATION FOR PRODUCTION OF HIS CELLPHONE RECORDS; AND
8 DEFENDANT WADE TRANSPORTATION TO PAY COSTS FOR FAILURE TO
APPEAR AT ITS PMQ DEPOSITION; REQUEST FOR SANCTIONS
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Upon the following at the address(es) stated below:
10
Jeffrey M. Lenkov, Esq. Anna Dubrovsky, Esq.
11
Daniel J. Sullivan, Esq. Pavel Krepkiy, Esq.
12 MANNING & KASS ELLROD, RAMIREZ, ANNA DUBROVSKY LAW GROUP, INC.
TRESTER LLP 601 Montgomery Street, Suite 2015
13 801 S. Figueroa St, 15th Floor San Francisco, CA 94111
Los Angeles, California 90017-3012 Email: anna@dubrovskylawyers.com
14 Email: jml@manningllp.com pavel@dubrovskylawyers.com
djs@manningllp.com
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egb@manningllp.com Attorney for Plaintiffs
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Attorney for Defendant(s)
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18 X ELECTRONIC TRANSMISSION: Only by e-mailing the document(s) to the person at
19 the email address(es) listed above. I did not receive, within a reasonable time after the transmission,
20 any electronic message that the transmission(s) was/were unsuccessful.
21 U.S. MAIL: by placing such files with postage thereon fully prepaid in the designated
22 area for outgoing mail in accordance with this office’s practice, whereby mail is deposited in
23 U.S. Mailbox in the City of Lower Lake, California.
24 I declare under penalty of perjury, under the laws of the State of California, that the
25 foregoing is true and correct and that this document was executed on February 13, 2024.
26
____________________________
27 Ariana Ardoin
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PROOF OF SERVICE
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1 Jesse B. Chrisp, Esq. (State Bar No. 262518) Gregory W. Jemison, Esq. (State Bar No. 312072) 2 Gina Fortino Dickson, Esq. (State Bar No. 343775) LAW OFFICES OF J. CHRISP 3 6997 Highway 29 Lower Lake, CA 95493 4 Telephone: (707) 994-0529 Facsimile: (707) 995-3529 5 Email: eservice@chrisplaw.com 6 Anna Dubrovsky, Esq., (State Bar No. 197116) Pavel Krepkiy, Esq. (State Bar No. 269855) 7 ANNA DUBROVSKY LAW GROUP, INC. 601 Montgomery Street, Suite 2015 8 San Francisco, CA 94111 Telephone: (415) 746-1477 9 Facsimile: (415) 746-1478 E-mail: anna@dubrovskylawyers.com 10 Attorneys for Plaintiffs, 11 MARINA MIRANDA, ISABELLA MIRANDA BY GAL – DAVID MIRANDA, 12 WYATT MIRANDA BY GAL –RUDY MIRANDA 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 COUNTY OF SONOMA 15 MARINA MIRANDA, ISABELLA Case No.: SCV-270065 MIRANDA BY GAL – DAVID MIRANDA, 16 WYATT MIRANDA BY GAL – RUDY PLAINTIFFS’ NOTICE OF MOTION MIRANDA, AND MOTION TO COMPEL 17 DEFENDANT MAURICIO G. CEJA Plaintiff(s), MADRIGAL TO PROVIDE FURTHER 18 WRITTEN DISCOVERY RESPONSES; vs. PRODUCE ADDITIONAL DOCUMENTS; 19 TO SIGN AN AUTHORIZATION FOR MAURICIO G. CEJA MADRIGAL, PRODUCTION OF HIS CELLPHONE 20 CARRERA GARCIA TRANSPORT, LLC, RECORDS; AND DEFENDANT WADE WADE TRANSPORTATION COMPANY, TRANSPORTATION TO PAY COSTS 21 INC., and DOES 1 through 50, inclusive, FOR FAILURE TO APPEAR AT ITS PMQ DEPOSITION; REQUEST FOR 22 Defendant(s). SANCTIONS 23 Assigned to Hon. Oscar Pardo for All Purposes 24 Date: Time 3:00 p.m. 25 Dept.: 19 26 Filed Date: January 25, 2022 Trial Date: April 26, 2024 27 28 1 PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL 1 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 2 PLEASE TAKE NOTICE that on the date, time, and place, captioned above, or soon 3 thereafter as the matter may be heard, Plaintiffs MARINA MIRANDA, ISABELLA MIRANDA 4 BY GAL – DAVID MIRANDA, WYATT MIRANDA BY GAL – RUDY MIRANDA 5 (“Plaintiffs”) will move this Court for an order compelling Defendant MAURICIO G. CEJA 6 MADRIGAL (“Defendant”) to provide further responses to Form Interrogatories, Set One, Special 7 Interrogatories, Set One, and Request for Production of Documents, Set One propounded by 8 Plaintiffs; produce additional responsive documents and to sign an authorization required by his 9 cellphone provider so Plaintiffs can receive Defendant’s cellphone records pursuant to Code of 10 Civil Procedure § 2025.450(a); and Defendant WADE TRANSPORTATION COMPANY, INC. 11 to pay costs incurred as a result of Defendant Wade’s PMQ’s failure to appear at properly noticed 12 deposition. 13 In addition, Plaintiffs will move the Court for an order compelling Defendant and his 14 attorneys to pay monetary sanctions to Plaintiffs in the sum of $9,040.00 as reasonable costs and 15 expenses, including reasonable costs and expenses, incurred in obtaining the foregoing order. 16 This Motion is made pursuant to California Code of Civil Procedure sections 2031.310, 17 2031.230, 2023.010, and 2023.030 on the grounds that Defendant, MADRIGAL, without 18 substantial justification, has failed to provide further responses to Form Interrogatories, Set One, 19 Special Interrogatories, Set One, and Request for Production of Documents, Set One identified 20 herein, despite meaningful meet and confer attempts to resolve this discovery dispute informally. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2 PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL 1 This Motion is based on the notice, all pleadings, papers and records in this action, the 2 attached Memorandum of Point and Authorities, the Declaration of Jesse B. Chrisp, Esq., the 3 Declaration of Pavel Krepkiy, Esq., the Declaration of Anna Dubrovsky, Esq., the Separate 4 Statement filed concurrently herewith, and upon such other oral and documentary evidence as may 5 be presented at the hearing of this Motion. 6 7 DATED: February 13, 2024 LAW OFFICES OF J. CHRISP 8 9 By: ___________________________ JESSE B. CHRISP 10 Attorney for Plaintiffs, MARINA MIRANDA, ISABELLA 11 MIRANDA BY GAL – DAVID MIRANDA, WYATT MIRANDA 12 BY GAL –RUDY MIRANDA 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL 1 PROOF OF SERVICE 2 I am a citizen of the United States and a resident of the County of Lake. I am over the age 3 of 18 years and not a party to the action. My business address is 9667 Highway 29, Lower Lake, 4 CA 95457. 5 On February 13, 2024, I served the following document(s): 6 PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT MAURICIO G. CEJA MADRIGAL TO PROVIDE FURTHER WRITTEN DISCOVERY 7 RESPONSES; PRODUCE ADDITIONAL DOCUMENTS; TO SIGN AN AUTHORIZATION FOR PRODUCTION OF HIS CELLPHONE RECORDS; AND 8 DEFENDANT WADE TRANSPORTATION TO PAY COSTS FOR FAILURE TO APPEAR AT ITS PMQ DEPOSITION; REQUEST FOR SANCTIONS 9 Upon the following at the address(es) stated below: 10 Jeffrey M. Lenkov, Esq. Anna Dubrovsky, Esq. 11 Daniel J. Sullivan, Esq. Pavel Krepkiy, Esq. 12 MANNING & KASS ELLROD, RAMIREZ, ANNA DUBROVSKY LAW GROUP, INC. TRESTER LLP 601 Montgomery Street, Suite 2015 13 801 S. Figueroa St, 15th Floor San Francisco, CA 94111 Los Angeles, California 90017-3012 Email: anna@dubrovskylawyers.com 14 Email: jml@manningllp.com pavel@dubrovskylawyers.com djs@manningllp.com 15 egb@manningllp.com Attorney for Plaintiffs 16 Attorney for Defendant(s) 17 18 X ELECTRONIC TRANSMISSION: Only by e-mailing the document(s) to the person at 19 the email address(es) listed above. I did not receive, within a reasonable time after the transmission, 20 any electronic message that the transmission(s) was/were unsuccessful. 21 U.S. MAIL: by placing such files with postage thereon fully prepaid in the designated 22 area for outgoing mail in accordance with this office’s practice, whereby mail is deposited in 23 U.S. Mailbox in the City of Lower Lake, California. 24 I declare under penalty of perjury, under the laws of the State of California, that the 25 foregoing is true and correct and that this document was executed on February 13, 2024. 26 ____________________________ 27 Ariana Ardoin 28 4 PROOF OF SERVICE