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1 John S. Rueppel (SBN: 267467)
Angie Lam (SBN: 244719)
2 JOHNSTON, KINNEY & ZULAICA LLP
101 Montgomery Street, Suite 1600
3 San Francisco, California 94104
4 Telephone: (415) 693-0550
Facsimile: (415) 693-0500
5 Email: john@jkzllp.com
angie.lam@jkzllp.com
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Attorneys for Plaintiff,
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Lisa Keith
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN THE COUNTY OF NAPA
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11 LISA KEITH, CASE NO: 22CV001269
12 Plaintiff, [PROPOSED] ORDER GRANTING
13 PLAINTIFF’S EX PARTE APPLICATION
v. FOR LEAVE TO 1) HEAR PLAINTIFF’S
14 MOTION TO COMPEL FURTHER
CELESTE WHITE, an individual, ROBERT RESPONSES FROM SINGER
15 WHITE, an individual, the VALLEY ROCK ASSOCIATES, INC. AFTER THE
FOUNDATION, aka THE BAR 49 DISCOVERY MOTION CUTOFF DATE;
16 FOUNDATION, a charitable organization, and 2) TO FILE A MOTION TO COMPEL
17 DOES 1-50, INCLUSIVE, ATTENDANCE AND PRODUCTION OF
DOCUMENTS FROM PLATINUM
18 Defendants. ADVISORS LLC AND KENWOOD
INVESTMENTS LLC; OR IN THE
19 ALTERNATIVE, SET A NEW TRIAL
DATE AND REOPEN DISCOVERY; AND
20 3) MONETARY SANCTIONS PURSUANT
21 TO CODE CIV. PROC. § 2024.050(c)
22 Date: March 7, 2024
Time: 11:30 a.m.
23 Judge: Hon. Scott R.L. Young
Dept.: A
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25 Complaint Filed: October 25, 2022
FAC Filed: March 8, 2023
26 Trial Date: April 2, 2024
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[PROPOSED] ORDER GRANTING EX PARTE APPLICATION
1 [PROPOSED] ORDER
2 The ex parte application of Plaintiff, Lisa Keith (“Plaintiff”) for Leave to 1) Hear Plaintiff’s
3 Motion to Compel Further Responses from Singer Associates, Inc. After the Discovery Motion Cutoff
4 Date; 2) to File a Motion to Compel Attendance and Production of Documents from Platinum Advisors
5 LLC and Kenwood Investments LLC; or in the Alternative, Set a New Trial Date and Reopen Discovery;
6 and 3) Monetary Sanctions Pursuant to Code Civ. Proc., § 2024.050(c) (“Application”) came on for
7 hearing before the Honorable Scott R.L. Young on March 7, 2024, in Department B of the Superior
8 Court of the County of Napa.
9 Having considered the Application, supporting papers and arguments of counsel, and with good
10 cause appearing, the Court GRANTS Plaintiff’s Application and HEREBY ORDERS THAT:
11 (1) Plaintiff’s Motion to Compel Further Responses from Singer Associates, Inc. after the
12 discovery cutoff date of March 13, 2024 is granted and shall be heard on March 19, 2024.
13 (2) All statutory deadlines for filing and service of Defendants’ Opposition to Motion to Compel
14 Further Responses from Singer Associates, Inc., if any, shall follow the March 19, 2024
15 hearing date.
16 (3) Plaintiff’s Application to file a motion to compel attendance of the true person most
17 knowledgeable and production of documents from Platinum Advisors LLC is granted and the
18 same shall be heard on _________________.
19 (4) Plaintiff’s Application to file a motion to compel attendance of the true person most
20 knowledgeable and production of documents from Kenwood Investments LLC is granted and
21 the same shall be heard on _________________.
22 (5) The motion(s) to compel attendance on Platinum Advisors LLC and Kenwood Investments
23 LLC shall be filed on or before ________________; the opposition(s), if any, shall be filed
24 on or before _________________. A reply brief is waived.
25 (6) The April 2, 2024 trial in this matter is continued to _____________________________ and
26 discovery is reopened.
27 //
28 //
2
[PROPOSED] ORDER GRANTING EX PARTE APPLICATION
1 (7) All pre-trial statutory deadlines shall follow the new trial date.
2 (8) Defendants shall pay monetary sanctions to Plaintiff in the amount of $________________
3 on or before _____________________.
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5 IT IS SO ORDERED.
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8 Dated: March ___, 2024 By:
JUDGE OF THE SUPERIOR COURT
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[PROPOSED] ORDER GRANTING EX PARTE APPLICATION
1 PROOF OF SERVICE
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STATE OF CALIFORNIA, CITY OF ANTIOCH AND COUNTY OF CONTRA COSTA
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I am employed in the City and County of San Francisco, State of California. I am over the age of
4 18 years and not a party to the within action; my business address is Johnston Kinney & Zulaica LLP,
101 Montgomery Street, Suite 1600, San Francisco, California 94104. My electronic business address is
5 carolina@jkzllp.com.
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On March 6, 2024, I served the foregoing document(s):
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1. [PROPOSED] ORDER GRANTING PLAINTIFF’S EX PARTE APPLICATION FOR
8 LEAVE TO 1) HEAR PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSES
FROM SINGER ASSOCIATES, INC. AFTER THE DISCOVERY MOTION CUTOFF
9 DATE; 2) TO FILE A MOTION TO COMPEL ATTENDANCE AND PRODUCTION OF
DOCUMENTS FROM PLATINUM ADVISORS LLC AND KENWOOD
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INVESTMENTS LLC; OR IN THE ALTERNATIVE, SET A NEW TRIAL DATE AND
11 REOPEN DISCOVERY; AND 3) MONETARY SANCTIONS PURSUANT TO CODE
CIV. PROC. § 2024.050(c)
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I served the documents on the person or persons listed below as follows:
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Jeffrey E. Tsai
14 Kathleen S. Kizer
DLA PIPER LLP (US)
15 555 Mission Street, Suite 2400
San Francisco, CA 94105
16 Jeff.tsai@us.dlapiper.com
Katy.kizer@us.dlapiper.com
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Attorneys for Defendants
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[X] (BY EMAIL) Pursuant to Code of Civil Procedure section 1010.6, I caused the document(s) to
19 be electronically transmitted by me to the persons listed in the above email address(es). I did not receive
within a reasonable time after the transmission, any electronic message or other indication that the
20 transmission was unsuccessful.
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I declare under penalty of perjury under the laws of the State of California that the foregoing is
22 true and correct.
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Executed on March 6, 2024, at Antioch, California.
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26 Carolina Ramos
4892-3702-9033, v. 5
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[PROPOSED] ORDER GRANTING EX PARTE APPLICATION
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1 John S. Rueppel (SBN: 267467) Angie Lam (SBN: 244719) 2 JOHNSTON, KINNEY & ZULAICA LLP 101 Montgomery Street, Suite 1600 3 San Francisco, California 94104 4 Telephone: (415) 693-0550 Facsimile: (415) 693-0500 5 Email: john@jkzllp.com angie.lam@jkzllp.com 6 Attorneys for Plaintiff, 7 Lisa Keith 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN THE COUNTY OF NAPA 10 11 LISA KEITH, CASE NO: 22CV001269 12 Plaintiff, [PROPOSED] ORDER GRANTING 13 PLAINTIFF’S EX PARTE APPLICATION v. FOR LEAVE TO 1) HEAR PLAINTIFF’S 14 MOTION TO COMPEL FURTHER CELESTE WHITE, an individual, ROBERT RESPONSES FROM SINGER 15 WHITE, an individual, the VALLEY ROCK ASSOCIATES, INC. AFTER THE FOUNDATION, aka THE BAR 49 DISCOVERY MOTION CUTOFF DATE; 16 FOUNDATION, a charitable organization, and 2) TO FILE A MOTION TO COMPEL 17 DOES 1-50, INCLUSIVE, ATTENDANCE AND PRODUCTION OF DOCUMENTS FROM PLATINUM 18 Defendants. ADVISORS LLC AND KENWOOD INVESTMENTS LLC; OR IN THE 19 ALTERNATIVE, SET A NEW TRIAL DATE AND REOPEN DISCOVERY; AND 20 3) MONETARY SANCTIONS PURSUANT 21 TO CODE CIV. PROC. § 2024.050(c) 22 Date: March 7, 2024 Time: 11:30 a.m. 23 Judge: Hon. Scott R.L. Young Dept.: A 24 25 Complaint Filed: October 25, 2022 FAC Filed: March 8, 2023 26 Trial Date: April 2, 2024 27 28 1 [PROPOSED] ORDER GRANTING EX PARTE APPLICATION 1 [PROPOSED] ORDER 2 The ex parte application of Plaintiff, Lisa Keith (“Plaintiff”) for Leave to 1) Hear Plaintiff’s 3 Motion to Compel Further Responses from Singer Associates, Inc. After the Discovery Motion Cutoff 4 Date; 2) to File a Motion to Compel Attendance and Production of Documents from Platinum Advisors 5 LLC and Kenwood Investments LLC; or in the Alternative, Set a New Trial Date and Reopen Discovery; 6 and 3) Monetary Sanctions Pursuant to Code Civ. Proc., § 2024.050(c) (“Application”) came on for 7 hearing before the Honorable Scott R.L. Young on March 7, 2024, in Department B of the Superior 8 Court of the County of Napa. 9 Having considered the Application, supporting papers and arguments of counsel, and with good 10 cause appearing, the Court GRANTS Plaintiff’s Application and HEREBY ORDERS THAT: 11 (1) Plaintiff’s Motion to Compel Further Responses from Singer Associates, Inc. after the 12 discovery cutoff date of March 13, 2024 is granted and shall be heard on March 19, 2024. 13 (2) All statutory deadlines for filing and service of Defendants’ Opposition to Motion to Compel 14 Further Responses from Singer Associates, Inc., if any, shall follow the March 19, 2024 15 hearing date. 16 (3) Plaintiff’s Application to file a motion to compel attendance of the true person most 17 knowledgeable and production of documents from Platinum Advisors LLC is granted and the 18 same shall be heard on _________________. 19 (4) Plaintiff’s Application to file a motion to compel attendance of the true person most 20 knowledgeable and production of documents from Kenwood Investments LLC is granted and 21 the same shall be heard on _________________. 22 (5) The motion(s) to compel attendance on Platinum Advisors LLC and Kenwood Investments 23 LLC shall be filed on or before ________________; the opposition(s), if any, shall be filed 24 on or before _________________. A reply brief is waived. 25 (6) The April 2, 2024 trial in this matter is continued to _____________________________ and 26 discovery is reopened. 27 // 28 // 2 [PROPOSED] ORDER GRANTING EX PARTE APPLICATION 1 (7) All pre-trial statutory deadlines shall follow the new trial date. 2 (8) Defendants shall pay monetary sanctions to Plaintiff in the amount of $________________ 3 on or before _____________________. 4 5 IT IS SO ORDERED. 6 7 8 Dated: March ___, 2024 By: JUDGE OF THE SUPERIOR COURT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 [PROPOSED] ORDER GRANTING EX PARTE APPLICATION 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, CITY OF ANTIOCH AND COUNTY OF CONTRA COSTA 3 I am employed in the City and County of San Francisco, State of California. I am over the age of 4 18 years and not a party to the within action; my business address is Johnston Kinney & Zulaica LLP, 101 Montgomery Street, Suite 1600, San Francisco, California 94104. My electronic business address is 5 carolina@jkzllp.com. 6 On March 6, 2024, I served the foregoing document(s): 7 1. [PROPOSED] ORDER GRANTING PLAINTIFF’S EX PARTE APPLICATION FOR 8 LEAVE TO 1) HEAR PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSES FROM SINGER ASSOCIATES, INC. AFTER THE DISCOVERY MOTION CUTOFF 9 DATE; 2) TO FILE A MOTION TO COMPEL ATTENDANCE AND PRODUCTION OF DOCUMENTS FROM PLATINUM ADVISORS LLC AND KENWOOD 10 INVESTMENTS LLC; OR IN THE ALTERNATIVE, SET A NEW TRIAL DATE AND 11 REOPEN DISCOVERY; AND 3) MONETARY SANCTIONS PURSUANT TO CODE CIV. PROC. § 2024.050(c) 12 I served the documents on the person or persons listed below as follows: 13 Jeffrey E. Tsai 14 Kathleen S. Kizer DLA PIPER LLP (US) 15 555 Mission Street, Suite 2400 San Francisco, CA 94105 16 Jeff.tsai@us.dlapiper.com Katy.kizer@us.dlapiper.com 17 Attorneys for Defendants 18 [X] (BY EMAIL) Pursuant to Code of Civil Procedure section 1010.6, I caused the document(s) to 19 be electronically transmitted by me to the persons listed in the above email address(es). I did not receive within a reasonable time after the transmission, any electronic message or other indication that the 20 transmission was unsuccessful. 21 I declare under penalty of perjury under the laws of the State of California that the foregoing is 22 true and correct. 23 Executed on March 6, 2024, at Antioch, California. 24 25 26 Carolina Ramos 4892-3702-9033, v. 5 27 28 4 [PROPOSED] ORDER GRANTING EX PARTE APPLICATION