On September 07, 2021 a
Motion,Ex Parte
was filed
involving a dispute between
Novalk, Llc,
and
Cirit, Denis Baran,
Cirit, Fatma Handan,
Cirit, Semih,
C-Tech, Inc,
Does 1-100,
Kim, Yun Kyung,
Kyung, Yun,
Nc Queen, Inc.,
Sargent, Sarina Berna,
for Other Real Property Unlimited
in the District Court of San Bernardino County.
Preview
ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
Michelangelo Tatone (SBN: 290431) COUNTY OF SAN BERNARD'NO
SAN BERNARDINO DISTRICT
mtatone@tatonelegal.com
Xiaona Ding (SBN: 330351) 2/15/2024 3:52 PM
dding@tatonelegal.com
By: Abrianna Rodriguez, DEPUTY
TATONE LAW, APC
4333 Admiralty Way, Ste. 100
Marina del Rey, CA 90292
Phone: (424) 289-9707
Attorneys for Plaintiff
NOVALK, LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
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NOVALK, LLC, Case No.: CIV832122277
Complalnt Flled: September 7, 2021
Plaintiff,
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VS. PLAINTIFF NOVALK, LLC’S NOTICE OF
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MOTION AND MOTION TO COMPEL
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SEMIH CIRIT; FATMA HANDAN CIRIT; FURTHER RESPONSES T0 REQUEST
DENIS BABAN CIR”, SARINA BERNA FOR PRODUCTION 0F DOCUMENTS
SARGENT, C-TECH, INC, NC QUEEN, INC., ,
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YUN KYUNG and DOES 1400’ inclusive,
SPECIFIED IN THE DEPOSITION NOTICE
TO DEFENDANT SEMIH CIRIT AND
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Defendants. REQUEST FOF SANCTIONS
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Date: May 21, 2024
l8 Time: 9:00 a.m.
Dept: Sl7
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TO ALL PARTIES HEREIN AND TO THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE that on May 21, 2024 at 9:00 a.m., or as soon thereafter as this
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matter may be heard in Department Sl7 of the above-entitled Court, located at 247 West Third Avenue,
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San Bernardino, CA 92415, Plaintiff NOVALK, LLC (hereafter “Plaintiff”) will and hereby d0 move
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this Court for an order to compel Defendant SEMIH CIRIT (“Defendant”) t0 further respond to
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Plaintiff’s Request for Production 0f Documents Specified in Deposition Notice to Defendant SEMIH
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CIRIT, and produce documents responses to the Requests within five (5) days of the date ofthe hearing.
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PLAINTIFF’S NOTICE OF MOTION & MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR
PRODUCTION OF DOCUMENTS SPECIFIED IN DEPOSITION NOTICE TO DEFENDANT SEMIH CIRIT
AND REQUEST FOR SANCTIONS
PLEASE TAKE FURTHER NOTICE that Plaintiff NOVALK LLC Will move and hereby
does filrther move this Court for an order imposing monetary sanctions against Defendant SEMIH
CIRIT and its Attorney of Record, Edward Wallace, Esq., in the amount of $4,470.00 for blatant abuse
0fthe discovery process and forcing Plaintiff t0 file this instant motion.
This Motion is made pursuant t0 Cal. CiV. Proc. Code § 2025.450 (a) 0n the grounds that
Defendant fails t0 answer any question or produce any document, electronically stored information, or
tangible thing under the deponent’s control that is specified in the deposition notice . This Motion is
further made pursuant t0 Cal. CiV. Proc. Code § 2025.450 (a) on the grounds that the documents
produced by Defendant failed to be identified with the specific request number to which the documents
10 respond. Moreover, under Cal. CiV. Proc. Code § 2025.450 Defendant and its Attorney of Record,
(g)
ll Edward Wallace, Esq. must be sanctioned ifthis motion is granted.
12 This Motion is based upon this Notice of Motion, the attached Memorandum 0f Points and
13 Authorities, Declaration 0f Michelangelo Tatone, all pleadings, papers, and records in this action,
l4 matters 0f which this Court is requested to take judicial notice, and on such other and filrther oral and
15 documentary evidence as may be presented at the hearing
l6 Dated: February 15, 2024 Respectfiflly submitted,
TATONE LAW, APC
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MICHELANGELO TATONE
21 Attorney for PlaintiffNOVALK, LLC
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PLAINTIFF’S NOTICE OF MOTION & MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR
PRODUCTION OF DOCUMENTS SPECIFIED IN DEPOSITION NOTICE TO DEFENDANT SEMIH CIRIT
AND REQUEST FOR SANCTIONS
Preview
ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA Michelangelo Tatone (SBN: 290431) COUNTY OF SAN BERNARD'NO SAN BERNARDINO DISTRICT mtatone@tatonelegal.com Xiaona Ding (SBN: 330351) 2/15/2024 3:52 PM dding@tatonelegal.com By: Abrianna Rodriguez, DEPUTY TATONE LAW, APC 4333 Admiralty Way, Ste. 100 Marina del Rey, CA 90292 Phone: (424) 289-9707 Attorneys for Plaintiff NOVALK, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 10 ll NOVALK, LLC, Case No.: CIV832122277 Complalnt Flled: September 7, 2021 Plaintiff, 12 VS. PLAINTIFF NOVALK, LLC’S NOTICE OF 13 MOTION AND MOTION TO COMPEL l4 SEMIH CIRIT; FATMA HANDAN CIRIT; FURTHER RESPONSES T0 REQUEST DENIS BABAN CIR”, SARINA BERNA FOR PRODUCTION 0F DOCUMENTS SARGENT, C-TECH, INC, NC QUEEN, INC., , 15 YUN KYUNG and DOES 1400’ inclusive, SPECIFIED IN THE DEPOSITION NOTICE TO DEFENDANT SEMIH CIRIT AND l6 Defendants. REQUEST FOF SANCTIONS l7 Date: May 21, 2024 l8 Time: 9:00 a.m. Dept: Sl7 l9 20 21 TO ALL PARTIES HEREIN AND TO THEIR ATTORNEYS OF RECORD: 22 PLEASE TAKE NOTICE that on May 21, 2024 at 9:00 a.m., or as soon thereafter as this 23 matter may be heard in Department Sl7 of the above-entitled Court, located at 247 West Third Avenue, 24 San Bernardino, CA 92415, Plaintiff NOVALK, LLC (hereafter “Plaintiff”) will and hereby d0 move 25 this Court for an order to compel Defendant SEMIH CIRIT (“Defendant”) t0 further respond to 26 Plaintiff’s Request for Production 0f Documents Specified in Deposition Notice to Defendant SEMIH 27 CIRIT, and produce documents responses to the Requests within five (5) days of the date ofthe hearing. 28 PLAINTIFF’S NOTICE OF MOTION & MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS SPECIFIED IN DEPOSITION NOTICE TO DEFENDANT SEMIH CIRIT AND REQUEST FOR SANCTIONS PLEASE TAKE FURTHER NOTICE that Plaintiff NOVALK LLC Will move and hereby does filrther move this Court for an order imposing monetary sanctions against Defendant SEMIH CIRIT and its Attorney of Record, Edward Wallace, Esq., in the amount of $4,470.00 for blatant abuse 0fthe discovery process and forcing Plaintiff t0 file this instant motion. This Motion is made pursuant t0 Cal. CiV. Proc. Code § 2025.450 (a) 0n the grounds that Defendant fails t0 answer any question or produce any document, electronically stored information, or tangible thing under the deponent’s control that is specified in the deposition notice . This Motion is further made pursuant t0 Cal. CiV. Proc. Code § 2025.450 (a) on the grounds that the documents produced by Defendant failed to be identified with the specific request number to which the documents 10 respond. Moreover, under Cal. CiV. Proc. Code § 2025.450 Defendant and its Attorney of Record, (g) ll Edward Wallace, Esq. must be sanctioned ifthis motion is granted. 12 This Motion is based upon this Notice of Motion, the attached Memorandum 0f Points and 13 Authorities, Declaration 0f Michelangelo Tatone, all pleadings, papers, and records in this action, l4 matters 0f which this Court is requested to take judicial notice, and on such other and filrther oral and 15 documentary evidence as may be presented at the hearing l6 Dated: February 15, 2024 Respectfiflly submitted, TATONE LAW, APC l7 l8 l9 gfi 20 MICHELANGELO TATONE 21 Attorney for PlaintiffNOVALK, LLC 22 23 24 25 26 27 28 PLAINTIFF’S NOTICE OF MOTION & MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS SPECIFIED IN DEPOSITION NOTICE TO DEFENDANT SEMIH CIRIT AND REQUEST FOR SANCTIONS