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ELECTRONICALLY FILED
Michelangelo Tatone (SBN: 29043 1) ggfiiwgfgfiflgNflLgffiN'A
TATONELAWa APC _
SAN BERNARDINO DISTRICT
4333 Admlralty Way, Sulte 100
Marina del Rey, CA 90292 2/1 5/2024 3:49 PM
Phone: (424) 289-9707 _ _
Fax: (424) 270—9410 By: Abrlanna Rodriguez, DEPUTY
Email: mtatone@tatonelegal.com
Attorney for Plaintiff
NOVALK, LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
10
NOVALK, LLC, Case N0: CIVSB2122277
ll
Plaintiff, PLAINTIFF NOVALK, LLC’S
12 V.
SEPARATE STATEMENT IN
SUPPORT OF PLAINTIFF’S MOTION
l3 SEMIH CIRIT; FATMA HANDAN TO COMPEL FURTHER RESPONSES
.
4R A
. TO REQUEST FOR PRODUCTION OF
l4 EIERRIIEADSEESGEBNT; (IETCEIgE’IiéR’HISIé DOCUMENTS DESCRIBED IN THE
QUEEN, INC; YUN KYUNG and DOES DEPOSITION NOTICE 0F C-TECH,
l5 1-100, inclusive, INC. AND REQUEST FOR
SANCTIONS
l6
D e fendan (S)t .
Judge: Hon. Joseph Ortiz
l7
Hearing Date: May 21, 2024
Hearing Time: 9:00 am.
l8
Dept: Sl7
l9
20
21 Plaintiff NOVALK, LLC hereby submits the following Separate Statement of Disputed
22 Answers in support 0f its Motion t0 Compel Defendant C-TECH, INC. (“Defendant”) t0 further
23 respond t0 Plaintiff s Requests for Production 0f Documents specified in the Deposition Notice
24 to Defendant C-TECH, INC. and Request for Sanctions, filed concurrently herewith (“Motion”).
25 Pursuant to California Rules of Court, Rule 3.1345(a)(5), Plaintiff submits this Separate
26 Statement in Support 0f Plaintiff’s Motion. This Separate Statement is made 0n the basis that
27 where documents are purported to be unavailable t0 Defendant, the responses fail t0 comply With
28 the requirements 0f CCP § 2031.230; for the documents produced by Defendant, they are not
1
PLAINTIFF NOVALK, LLC’S SEPARATE STATEMENT IN SUPPORT OF PLAINTIFF’S MOTION
TO COMPEL FURTHER RESPONSES FROM C-TECH, INC. TO REQUESTS FOR PRODUCTION
OF DOCUMENTS SPECIFIED IN THE DEPOSITION NOTICE TO C-TECH, INC.
identified With the specific request number to which the documents respond pursuant to §
2031.280 (a); and Defendant fails to meet the burden for not providing responsive documents
because ofundue burden 0r expense pursuant t0 CCP§ 2025.480(d).
DEFINITIONS
1. “YOU” 0r “YOUR” C-Tech, Inc., a California corporation, its officers, shareholders,
agents, employees, accountants, investigators, insurance companies, their agents, employees, and
anyone else acting or purporting to act on behalf of C-Tech, Inc.
2. “PLAINTIFF” refers to Novalk, LLC, a California limited liability company.
3. “DEFENDANT” or “DEFENDANTS” includes each defendant named in the above
10 captioned lawsuit filed by PLAINTIFF and all other persons, entities, employees, agents,
ll consultants, and attorneys acting 0r purporting t0 act 0n behalf 0f such defendant(s).
12 4. As used herein, the term “DOCUMENT” 0r “DOCUMENTS” means and includes all
l3 writings as defined in Section 250 of the California Evidence Code, as well as each and every
l4 medium upon Which information is printed 0r can be printed, recorded, or reproduced by
l5 mechanical means, by hand or by any other method, including, but not limited to, all electronic
l6 data, and handwritten, typed, printed, microfilmed, and photostated matter, copies of all kinds,
l7 regardless 0f origin, including the original and all non-identical duplicates, copies and drafts of
l8 all documents and tangible things. The term also includes all correspondence, memoranda,
l9 handwritten notes, electronic mail (email), reports, statements, contracts, agreements, proposals,
20 letters, term sheets, red-lined versions, telegrams, messages (including reports of telephone
21 conversations and conferences), studies, analyses, exhibits, appendixes, amendments,
22 modifications, comparisons, demands, data, schedules, recordings, papers, data sheets,
23 publications, books, magazines, newspapers, booklets, circulars, brochures, bulletins, notices,
24 instructions, drafts, notebooks, diaries, sketches, diagrams, forms, manuals, lists, minutes, and
25 other COMMUNICATIONS, including inter-office and intra-office COMMUNCIATIONS,
26 surveys, photographs, drawings, charts, maps, notes 0f meetings, conversations, records,
invoices, balance sheets, profit and loss statements, statements of earnings, statements 0f
27
operation, auditor reports, financial reports and summaries, statements 0r lists of assets, expense
28
2
PLAINTIFF NOVALK, LLC’S SEPARATE STATEMENT IN SUPPORT OF PLAINTIFF’S MOTION
TO COMPEL FURTHER RESPONSES FROM C-TECH, INC. TO REQUESTS FOR PRODUCTION
OF DOCUMENTS SPECIFIED IN THE DEPOSITION NOTICE TO C-TECH, INC.
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ELECTRONICALLY FILED Michelangelo Tatone (SBN: 29043 1) ggfiiwgfgfiflgNflLgffiN'A TATONELAWa APC _ SAN BERNARDINO DISTRICT 4333 Admlralty Way, Sulte 100 Marina del Rey, CA 90292 2/1 5/2024 3:49 PM Phone: (424) 289-9707 _ _ Fax: (424) 270—9410 By: Abrlanna Rodriguez, DEPUTY Email: mtatone@tatonelegal.com Attorney for Plaintiff NOVALK, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 10 NOVALK, LLC, Case N0: CIVSB2122277 ll Plaintiff, PLAINTIFF NOVALK, LLC’S 12 V. SEPARATE STATEMENT IN SUPPORT OF PLAINTIFF’S MOTION l3 SEMIH CIRIT; FATMA HANDAN TO COMPEL FURTHER RESPONSES . 4R A . TO REQUEST FOR PRODUCTION OF l4 EIERRIIEADSEESGEBNT; (IETCEIgE’IiéR’HISIé DOCUMENTS DESCRIBED IN THE QUEEN, INC; YUN KYUNG and DOES DEPOSITION NOTICE 0F C-TECH, l5 1-100, inclusive, INC. AND REQUEST FOR SANCTIONS l6 D e fendan (S)t . Judge: Hon. Joseph Ortiz l7 Hearing Date: May 21, 2024 Hearing Time: 9:00 am. l8 Dept: Sl7 l9 20 21 Plaintiff NOVALK, LLC hereby submits the following Separate Statement of Disputed 22 Answers in support 0f its Motion t0 Compel Defendant C-TECH, INC. (“Defendant”) t0 further 23 respond t0 Plaintiff s Requests for Production 0f Documents specified in the Deposition Notice 24 to Defendant C-TECH, INC. and Request for Sanctions, filed concurrently herewith (“Motion”). 25 Pursuant to California Rules of Court, Rule 3.1345(a)(5), Plaintiff submits this Separate 26 Statement in Support 0f Plaintiff’s Motion. This Separate Statement is made 0n the basis that 27 where documents are purported to be unavailable t0 Defendant, the responses fail t0 comply With 28 the requirements 0f CCP § 2031.230; for the documents produced by Defendant, they are not 1 PLAINTIFF NOVALK, LLC’S SEPARATE STATEMENT IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSES FROM C-TECH, INC. TO REQUESTS FOR PRODUCTION OF DOCUMENTS SPECIFIED IN THE DEPOSITION NOTICE TO C-TECH, INC. identified With the specific request number to which the documents respond pursuant to § 2031.280 (a); and Defendant fails to meet the burden for not providing responsive documents because ofundue burden 0r expense pursuant t0 CCP§ 2025.480(d). DEFINITIONS 1. “YOU” 0r “YOUR” C-Tech, Inc., a California corporation, its officers, shareholders, agents, employees, accountants, investigators, insurance companies, their agents, employees, and anyone else acting or purporting to act on behalf of C-Tech, Inc. 2. “PLAINTIFF” refers to Novalk, LLC, a California limited liability company. 3. “DEFENDANT” or “DEFENDANTS” includes each defendant named in the above 10 captioned lawsuit filed by PLAINTIFF and all other persons, entities, employees, agents, ll consultants, and attorneys acting 0r purporting t0 act 0n behalf 0f such defendant(s). 12 4. As used herein, the term “DOCUMENT” 0r “DOCUMENTS” means and includes all l3 writings as defined in Section 250 of the California Evidence Code, as well as each and every l4 medium upon Which information is printed 0r can be printed, recorded, or reproduced by l5 mechanical means, by hand or by any other method, including, but not limited to, all electronic l6 data, and handwritten, typed, printed, microfilmed, and photostated matter, copies of all kinds, l7 regardless 0f origin, including the original and all non-identical duplicates, copies and drafts of l8 all documents and tangible things. The term also includes all correspondence, memoranda, l9 handwritten notes, electronic mail (email), reports, statements, contracts, agreements, proposals, 20 letters, term sheets, red-lined versions, telegrams, messages (including reports of telephone 21 conversations and conferences), studies, analyses, exhibits, appendixes, amendments, 22 modifications, comparisons, demands, data, schedules, recordings, papers, data sheets, 23 publications, books, magazines, newspapers, booklets, circulars, brochures, bulletins, notices, 24 instructions, drafts, notebooks, diaries, sketches, diagrams, forms, manuals, lists, minutes, and 25 other COMMUNICATIONS, including inter-office and intra-office COMMUNCIATIONS, 26 surveys, photographs, drawings, charts, maps, notes 0f meetings, conversations, records, invoices, balance sheets, profit and loss statements, statements of earnings, statements 0f 27 operation, auditor reports, financial reports and summaries, statements 0r lists of assets, expense 28 2 PLAINTIFF NOVALK, LLC’S SEPARATE STATEMENT IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSES FROM C-TECH, INC. TO REQUESTS FOR PRODUCTION OF DOCUMENTS SPECIFIED IN THE DEPOSITION NOTICE TO C-TECH, INC.