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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 DECLARATION OF ANNA
MIRANDA, DUBROVSKY, ESQ. IN SUPPORT OF
17 PLAINTIFFS’ MOTION TO COMPEL
Plaintiff(s), DEFENDANT MAURICIO G. CEJA
18 MADRIGAL TO PROVIDE FURTHER
vs. WRITTEN DISCOVERY RESPONSES;
19 PRODUCE ADDITIONAL DOCUMENTS;
MAURICIO G. CEJA MADRIGAL, TO SIGN AN AUTHORIZATION FOR
20 CARRERA GARCIA TRANSPORT, LLC, PRODUCTION OF HIS CELLPHONE
WADE TRANSPORTATION COMPANY, RECORDS; AND DEFENDANT WADE
21 INC., and DOES 1 through 50, inclusive, TRANSPORTATION TO PAY COSTS
AND FEES FOR FAILURE TO APPEAR
22 Defendant(s). AT ITS PMQ DEPOSITION; REQUEST
FOR SANCTIONS
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Assigned to Hon. Oscar Pardo for All Purposes
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Date:
25 Time 3:00 p.m.
Dept.: 19
26
Filed Date: January 25, 2022
27 Trial Date: April 26, 2024
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DECLARATION OF ANNA DUBROVSKY, ESQ. IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL
1 DECLARATION OF ANNA DUBROVSKY, ESQ.
2 I, Anna Dubrovsky, declare as follows:
3 1. I am an attorney licensed to practice law in the State of California, and the principal
4 at Anna Dubrovsky Law Group, Inc., attorneys of record for the plaintiffs in this action. I submit
5 this Declaration in support of Plaintiffs’ Motion to Compel. The facts set forth in this declaration
6 are of my own personal knowledge, and if sworn I could and would competently testify.
7 2. On July 21, 2023, my office noticed the PMQ deposition of Defendant Wade
8 Transportation for August 21, 2023. Having received no response, my office sent several e-mails
9 in an attempt to confirm that the deposition was going forward. On August 9, 2023, Ms. Elaine
10 Berman, a paralegal from defense counsel’s firm sent an e-mail in which she provided alternative
11 dates for the deposition of Wade PMQ. One of the available dates was September 5, 2023.
12 Plaintiff’s counsel promptly served an Amended Notice of Deposition of Defendant Wade for
13 September 5, 2023.
14 3. On September 1, 2023, my office sent defense counsel an e-mail confirming the
15 deposition of Wade set for September 5, 2023. In anticipation of said deposition I spent three hours
16 to prepare for the deposition. I reviewed all documents produced by the defendants, subpoenaed
17 records, and conducted my own research regarding Wade Transportation.
18 4. On September 5, 2023, the PMQ for Defendant Wade Transportation failed to
19 appear at their deposition. My office sent an e-mail to defense counsel at approximately 10:15 a.m.
20 advising them that plaintiffs’ counsel, court reporter and videographer were in the ZOOM meeting
21 waiting for the defense. A few minutes later, in a telephone call with defense counsel, plaintiffs’
22 counsel was advised that Wade was not appearing at the deposition that morning. I, therefore, made
23 a non-appearacne record. Attached as Exhibit 1 is a true and correct copy of the non-appearance
24 statement.
25 5. My reasonable hourly rate is $750.00 per hour. Accordingly, sanctions in the
26 amount of $2,625.00 for my time attorneys’ fees time are requested.
27 ///
28 ///
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DECLARATION OF ANNA DUBROVSKY, ESQ. IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL
1 I declare under penalty of perjury under the laws of the State of California that the foregoing
2 is true and correct, and that this declaration was executed on February 13, 2024 at San Francisco,
3 California.
4
____________________________
5 Anna Dubrovsky
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DECLARATION OF ANNA DUBROVSKY, ESQ. IN SUPPORT OF PLAINTIFFS’ 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 DECLARATION OF ANNA DUBROVSKY, ESQ. IN SUPPORT OF PLAINTIFFS’
MOTION TO COMPEL DEFENDANT MAURICIO G. CEJA MADRIGAL TO
7 PROVIDE FURTHER WRITTEN DISCOVERY RESPONSES; PRODUCE
ADDITIONAL DOCUMENTS; TO SIGN AN AUTHORIZATION FOR PRODUCTION
8 OF HIS CELLPHONE RECORDS; AND DEFENDANT WADE TRANSPORTATION
TO PAY COSTS FOR FAILURE TO APPEAR AT ITS PMQ DEPOSITION; REQUEST
9 FOR SANCTIONS
10 Upon the following at the address(es) stated below:
11 Jeffrey M. Lenkov, Esq. Anna Dubrovsky, Esq.
12 Daniel J. Sullivan, Esq. Pavel Krepkiy, Esq.
MANNING & KASS ELLROD, RAMIREZ, ANNA DUBROVSKY LAW GROUP, INC.
13 TRESTER LLP 601 Montgomery Street, Suite 2015
801 S. Figueroa St, 15th Floor San Francisco, CA 94111
14 Los Angeles, California 90017-3012 Email: anna@dubrovskylawyers.com
Email: jml@manningllp.com pavel@dubrovskylawyers.com
15 djs@manningllp.com
16 egb@manningllp.com Attorney for Plaintiffs
17 Attorney for Defendant(s)
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X ELECTRONIC TRANSMISSION: Only by e-mailing the document(s) to the person at
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the email address(es) listed above. I did not receive, within a reasonable time after the transmission,
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any electronic message that the transmission(s) was/were unsuccessful.
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U.S. MAIL: by placing such files with postage thereon fully prepaid in the designated
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area for outgoing mail in accordance with this office’s practice, whereby mail is deposited in
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U.S. Mailbox in the City of Lower Lake, California.
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I declare under penalty of perjury, under the laws of the State of California, that the
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foregoing is true and correct and that this document was executed on February 13, 2024.
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____________________________
28 Ariana Ardoin
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PROOF OF SERVICE
EXHIBIT 1
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SONOMA
MARINA MIRANDA, ISABELLA
MIRANDA BY GAL – DAVID MIRANDA,
WYATT MIRANDA BY GAL –RUDY
MIRANDA,
Plaintiffs,
-vs- Case No. SCV-270065
MAURICO G. CEJA MADRIGAL,
CARRERA GARCIA TRANSPORT, LLC.,
WADE TRANSPORTATION COMPANY,
INC., and DOES 1 through 50,
inclusive,
Defendants.
_______________________________/
STATEMENT ON THE RECORD
IN LIEU OF THE DEPOSITION OF
PMQ FOR WADE TRANSPORTATION
Date: September 5, 2023
Time: 10:00 a.m.
Location: Zoom Videoconference
Stenographically Cambria L. Denlinger
Reported By: CSR #14009
________________________________________________________
SALOIS & ASSOCIATES
CERTIFIED SHORTHAND REPORTERS
111 North Market Street, Suite 300
San Jose, California 95113-1112
408.279.3376
1 A P P E A R A N C E S
2
3 (All Parties Appearing Via Videoconference)
4
5 For the Plaintiff: ANNA DUBROVSKY LAW GROUP, INC.
BY: Anna Dubrovsky, Esq.
6 601 Montgomery Street, Suite 2015
San Francisco, CA 94111
7 415.746.1477
Anna@dubrovskylawyers.com
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LAW OFFICES OF J. CHRISP
9 BY: JESSE CHRISP, ESQ.
9667 Highway 29,
10 Lower Lake, CA 95457
707.994.0529
11 Jesse@chrisplaw.com
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14 The Videographer: Michael McMahon, McMahon & Associates
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INDEX OF EXHIBITS
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EXHIBIT NO. DESCRIPTION PAGE
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Exhibit 1 Notice of deposition 4
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1 10:23 a.m.
2 P R O C E E D I N G S
3 MS. DUBROVSKY: This is Anna Dubrovsky for
4 Plaintiff. We are here today with videographer and
5 Ms. Denlinger, who is the court reporter, for deposition
6 that was noticed -- the amended deposition notice, which
7 is going to be Exhibit 1, was properly served on the
8 defendants August 10, 2023.
9 We confirmed the deposition on Thursday last
10 week. We never received any objections to the
11 deposition notice, we never received any emails that the
12 other side was not available, therefore we're going to
13 be asking the defendants to reimburse us for the costs
14 of the deposition and videographer for today. I'm going
15 to email you the copy of the deposition notice, and it
16 was noticed for September 5, 2023, at 10:00 a.m.
17 (Whereupon, Exhibit 1 was marked for
18 identification.)
19 (Whereupon, the proceedings were was
20 concluded at 10:24 a.m.)
21
22 --oOo--
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1 REPORTER'S CERTIFICATE
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4 I, CAMBRIA L. DENLINGER, CSR #14009, a
5 Certified Shorthand Reporter in and for the State of
6 California, do hereby certify;
7 That said statement on the record was taken
8 before me at the time and place set forth and was taken
9 down by me in shorthand and thereafter reduced to
10 computerized transcription under my direction and
11 supervision, and I hereby certify the foregoing
12 statement on the record is a full, true, and correct
13 transcript of my shorthand notes so taken.
14 I further certify that I am neither counsel for
15 nor related to any party to said action nor interested
16 in the outcome of this action.
17
18 Witness my hand this 5th day of
19 September, 2023.
20
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24 ___________________________
CAMBRIA L. DENLINGER
25 CSR NO. 14009
5
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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 DECLARATION OF ANNA MIRANDA, DUBROVSKY, ESQ. IN SUPPORT OF 17 PLAINTIFFS’ MOTION TO COMPEL Plaintiff(s), DEFENDANT MAURICIO G. CEJA 18 MADRIGAL TO PROVIDE FURTHER vs. WRITTEN DISCOVERY RESPONSES; 19 PRODUCE ADDITIONAL DOCUMENTS; MAURICIO G. CEJA MADRIGAL, TO SIGN AN AUTHORIZATION FOR 20 CARRERA GARCIA TRANSPORT, LLC, PRODUCTION OF HIS CELLPHONE WADE TRANSPORTATION COMPANY, RECORDS; AND DEFENDANT WADE 21 INC., and DOES 1 through 50, inclusive, TRANSPORTATION TO PAY COSTS AND FEES FOR FAILURE TO APPEAR 22 Defendant(s). AT ITS PMQ DEPOSITION; REQUEST FOR SANCTIONS 23 Assigned to Hon. Oscar Pardo for All Purposes 24 Date: 25 Time 3:00 p.m. Dept.: 19 26 Filed Date: January 25, 2022 27 Trial Date: April 26, 2024 28 1 DECLARATION OF ANNA DUBROVSKY, ESQ. IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL 1 DECLARATION OF ANNA DUBROVSKY, ESQ. 2 I, Anna Dubrovsky, declare as follows: 3 1. I am an attorney licensed to practice law in the State of California, and the principal 4 at Anna Dubrovsky Law Group, Inc., attorneys of record for the plaintiffs in this action. I submit 5 this Declaration in support of Plaintiffs’ Motion to Compel. The facts set forth in this declaration 6 are of my own personal knowledge, and if sworn I could and would competently testify. 7 2. On July 21, 2023, my office noticed the PMQ deposition of Defendant Wade 8 Transportation for August 21, 2023. Having received no response, my office sent several e-mails 9 in an attempt to confirm that the deposition was going forward. On August 9, 2023, Ms. Elaine 10 Berman, a paralegal from defense counsel’s firm sent an e-mail in which she provided alternative 11 dates for the deposition of Wade PMQ. One of the available dates was September 5, 2023. 12 Plaintiff’s counsel promptly served an Amended Notice of Deposition of Defendant Wade for 13 September 5, 2023. 14 3. On September 1, 2023, my office sent defense counsel an e-mail confirming the 15 deposition of Wade set for September 5, 2023. In anticipation of said deposition I spent three hours 16 to prepare for the deposition. I reviewed all documents produced by the defendants, subpoenaed 17 records, and conducted my own research regarding Wade Transportation. 18 4. On September 5, 2023, the PMQ for Defendant Wade Transportation failed to 19 appear at their deposition. My office sent an e-mail to defense counsel at approximately 10:15 a.m. 20 advising them that plaintiffs’ counsel, court reporter and videographer were in the ZOOM meeting 21 waiting for the defense. A few minutes later, in a telephone call with defense counsel, plaintiffs’ 22 counsel was advised that Wade was not appearing at the deposition that morning. I, therefore, made 23 a non-appearacne record. Attached as Exhibit 1 is a true and correct copy of the non-appearance 24 statement. 25 5. My reasonable hourly rate is $750.00 per hour. Accordingly, sanctions in the 26 amount of $2,625.00 for my time attorneys’ fees time are requested. 27 /// 28 /// 2 DECLARATION OF ANNA DUBROVSKY, ESQ. IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL 1 I declare under penalty of perjury under the laws of the State of California that the foregoing 2 is true and correct, and that this declaration was executed on February 13, 2024 at San Francisco, 3 California. 4 ____________________________ 5 Anna Dubrovsky 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DECLARATION OF ANNA DUBROVSKY, ESQ. IN SUPPORT OF PLAINTIFFS’ 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 DECLARATION OF ANNA DUBROVSKY, ESQ. IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL DEFENDANT MAURICIO G. CEJA MADRIGAL TO 7 PROVIDE FURTHER WRITTEN DISCOVERY RESPONSES; PRODUCE ADDITIONAL DOCUMENTS; TO SIGN AN AUTHORIZATION FOR PRODUCTION 8 OF HIS CELLPHONE RECORDS; AND DEFENDANT WADE TRANSPORTATION TO PAY COSTS FOR FAILURE TO APPEAR AT ITS PMQ DEPOSITION; REQUEST 9 FOR SANCTIONS 10 Upon the following at the address(es) stated below: 11 Jeffrey M. Lenkov, Esq. Anna Dubrovsky, Esq. 12 Daniel J. Sullivan, Esq. Pavel Krepkiy, Esq. MANNING & KASS ELLROD, RAMIREZ, ANNA DUBROVSKY LAW GROUP, INC. 13 TRESTER LLP 601 Montgomery Street, Suite 2015 801 S. Figueroa St, 15th Floor San Francisco, CA 94111 14 Los Angeles, California 90017-3012 Email: anna@dubrovskylawyers.com Email: jml@manningllp.com pavel@dubrovskylawyers.com 15 djs@manningllp.com 16 egb@manningllp.com Attorney for Plaintiffs 17 Attorney for Defendant(s) 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 ____________________________ 28 Ariana Ardoin 4 PROOF OF SERVICE EXHIBIT 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SONOMA MARINA MIRANDA, ISABELLA MIRANDA BY GAL – DAVID MIRANDA, WYATT MIRANDA BY GAL –RUDY MIRANDA, Plaintiffs, -vs- Case No. SCV-270065 MAURICO G. CEJA MADRIGAL, CARRERA GARCIA TRANSPORT, LLC., WADE TRANSPORTATION COMPANY, INC., and DOES 1 through 50, inclusive, Defendants. _______________________________/ STATEMENT ON THE RECORD IN LIEU OF THE DEPOSITION OF PMQ FOR WADE TRANSPORTATION Date: September 5, 2023 Time: 10:00 a.m. Location: Zoom Videoconference Stenographically Cambria L. Denlinger Reported By: CSR #14009 ________________________________________________________ SALOIS & ASSOCIATES CERTIFIED SHORTHAND REPORTERS 111 North Market Street, Suite 300 San Jose, California 95113-1112 408.279.3376 1 A P P E A R A N C E S 2 3 (All Parties Appearing Via Videoconference) 4 5 For the Plaintiff: ANNA DUBROVSKY LAW GROUP, INC. BY: Anna Dubrovsky, Esq. 6 601 Montgomery Street, Suite 2015 San Francisco, CA 94111 7 415.746.1477 Anna@dubrovskylawyers.com 8 LAW OFFICES OF J. CHRISP 9 BY: JESSE CHRISP, ESQ. 9667 Highway 29, 10 Lower Lake, CA 95457 707.994.0529 11 Jesse@chrisplaw.com 12 13 14 The Videographer: Michael McMahon, McMahon & Associates 15 --oOo-- 16 17 18 19 20 21 22 23 24 25 2 1 2 INDEX OF EXHIBITS 3 4 EXHIBIT NO. DESCRIPTION PAGE 5 Exhibit 1 Notice of deposition 4 6 7 8 9 10 11 12 13 14 15 16 17 --o0o-- 18 19 20 21 22 23 24 25 3 1 10:23 a.m. 2 P R O C E E D I N G S 3 MS. DUBROVSKY: This is Anna Dubrovsky for 4 Plaintiff. We are here today with videographer and 5 Ms. Denlinger, who is the court reporter, for deposition 6 that was noticed -- the amended deposition notice, which 7 is going to be Exhibit 1, was properly served on the 8 defendants August 10, 2023. 9 We confirmed the deposition on Thursday last 10 week. We never received any objections to the 11 deposition notice, we never received any emails that the 12 other side was not available, therefore we're going to 13 be asking the defendants to reimburse us for the costs 14 of the deposition and videographer for today. I'm going 15 to email you the copy of the deposition notice, and it 16 was noticed for September 5, 2023, at 10:00 a.m. 17 (Whereupon, Exhibit 1 was marked for 18 identification.) 19 (Whereupon, the proceedings were was 20 concluded at 10:24 a.m.) 21 22 --oOo-- 23 24 25 4 1 REPORTER'S CERTIFICATE 2 3 4 I, CAMBRIA L. DENLINGER, CSR #14009, a 5 Certified Shorthand Reporter in and for the State of 6 California, do hereby certify; 7 That said statement on the record was taken 8 before me at the time and place set forth and was taken 9 down by me in shorthand and thereafter reduced to 10 computerized transcription under my direction and 11 supervision, and I hereby certify the foregoing 12 statement on the record is a full, true, and correct 13 transcript of my shorthand notes so taken. 14 I further certify that I am neither counsel for 15 nor related to any party to said action nor interested 16 in the outcome of this action. 17 18 Witness my hand this 5th day of 19 September, 2023. 20 21 22 23 24 ___________________________ CAMBRIA L. DENLINGER 25 CSR NO. 14009 5