Motion,Ex Parte: **MF** Rosales -v- Sepulveda et al Print

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                                THE   SIMON    LAW     Group,       LLP                              Fl \ Fe GALIFORNN
                Robert T. Simon (SB:          238095)                                            BORNAN
                Brad M. Simon (SBN      4369)
                Jenny Anglin Simon (SBN: 236697)
                Edwin Hong (SBN: 325586)
                                                                                    jan 29 WA
                2916 W. 164" Street
                Torrance,   CA 90504
                Email: TeamlE@JusticeTeam.com                                                   ee           apa
                Tel: (310) 914-5400
                Fax: (310) 914-5401
            6
                Attorneys for Plaintiff, PROSPERO         J. MONCADA


                                     SUPERIOR COURT OF THE STATE                   OF         CALIFORNIA

            9                                 FOR THE COUNTY       OF SAN BERNARDINO

        10      ALY. ARO JOSE ROSALES, individual        and as        LEAD       CASE NO.:     CIVSB2125013
                su         r in interest to decedent, JEANINE          Unlimited Jurisdiction
aS S    1       MONCADA-ROSALES; ALVARO ROSAL                 S,
                individually, and as successor in interest to          Consolidated with:
        12      decedent, JEANINE MONCADA-ROSALES                      Case No. CIVSB2107343, Moncada                  v. State of   mn
                                                                       Calife  nic  al
        13                      Plaintiffs,                              ‘ase No. CI      2108109, Moncada, et al. v.
                                                                       State of California, et al.
        I4              v                                                ‘ase    ». CIVSB2106192, Briggs, et al. v.
                                                                       Edua       lo Sepr  eda, et al.
        15      IMAGE TRANSFER, INC., a California                     Case No. CIVSB2109549, Mallela v.
                Corporation; EDUARDO S'       ULVE      an             Sepulveda, et al.
        16      individual; GREGG, BUT        an indiv                 Case No.      CIVSB2112801, Rosales, et al. v                  a
                NELSON FONG.       n individu    and DO                State of California, et al.
        17      through 40, inclusive
                                                                       NOTICE OF EX PARTE    AND EX PARTE
        18                      Defendants.                              PPLI  ATION FOR ORDER
                pes                                                    SHORT     ING TIME FOR HEARINGS
        19                                                             ON MOTIONS FOR SANCTIONS
                AND ALL CONSOLIDATED               ACTIONS             AGAINST    CONTRACTORS
       20                                                              WARDROBE,    INC.; MEMORANDUM OF
                                                                       POINTS AND AUTHORITIES:
       21                                                              DECLARATION OF EDWIN HONG IN
       22                                                              SUPPORT THEREOF
       22
                                                                       Hearing Date: Tuesday,            January 30,     2024
       23                                                              Hearing Time     ooam
                                                                       Hearing Dept    23,
       24
                                                                       Assignedto the Hon.          Donald Alvarez
       25                                                              Department S2
                                                                       Trial Date: May        13, 2024
       26

       27

       28                                                       I
                  NOTICE OF EX PARTE AND   EX PARTE APPLICAT      FOR
                                                                    ION
                                                                      ORDER SHORTENING IME FOR HEARINGS ON
                  MOTIO    FOR SANCTIONS
                                 NS         AGAINST CONTRACTORS WARDROBE. INC MEMORANDUM OF POINTS AND
                                 \UTHORITIES: DECLARATIONOF EDWIN HONG IN SUPPORT THEREOF
TO ALL PARTIES AND THEIR ATTORNEYS                      OF RECORD       HEREIN:

                       PLEASE TAKE NOTICE that on January 30, 2024, at 9:00 am in Department $23 of the

         above-entitled court, located at 247 W 3rd St, San Bernardino, CA 92415, Plaintiff, PROSPERO J.

         MONCADA, will and hereby does move the Court ex parte for an order shortening time for

         hearings on the following motions:

     6       1         PLAINTIFF PROSPERO MONCADA’S             NOTICE OF MOTION AND MOTION TO FOR

                   ISSUE, EVIDENTIARY, AND/OR TERMINATING SANCTIONS AGAINST DEFENDANT

                   CONTRACTORS            WARDROBE,     INC., which is currently on calendar for March 14, 2024,

     9             at 8:30 am in the department listed above. (See Exhibit “A” to Hong Declaration).

 10                Plaintiff's requested ex parte reliefis proper, and good cause is shown, for the following

 I       reasons
 12                       Trial is currently set for May 13, 2024.

 13                       Discovery cutoff date is April 13, 2024.

 I4                       Plaintiffs we   previously forced to file Motions to Compel Responses to Form

 15                       Interrogatories, Special Interrogatories, and Requests for Production of Documents

16                        against Defendant Contractors Wardrobe, Inc.. These were heard on October          2023,

17                        On that date, the Court granted Plaintiff's motions, and ordered responses be provided

18                        within 30 days. (See Exhibit “B” to Hong Declaration).

19                        The Court further continued trial to permit time for additional discovery to be

20                        conducted upon receipt of the subject discovery, including any necessary depositions.

21                        Defendants failed to respond to discovery within the time Ordered and, despite
2?                        meeting and conferring on the issue, have refused to provide any responses, nor have

23                        they responded to repeated inquiries as to status. (See Exhibit “C” to Hong

a4                        Dec   ration

25                        Based upon Defendants’ refusal to comply, Plaintiff's gave Ex Parte Notice to seek to
26                       advance the subject motions.     (See Exhibit “D” to Hong Declaration).

27                 Upon receiving Ex Parte Notice, Defense counsel finally responded, and following
                   8
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          NOTICE OF EX PARTE AND EX PARTE APPLICATION FOR ORDER SHORTENING TIME FOR HEARINGSON
          MOTIONS FOR SANCTIONS \GAINST CONTRACTORS WARDROBE, INC. MEMORANDUM OF POINTS AND
                         AUTHORITIES. DECLARATION OF EDWIN HONG IN SUPPORT THEREOF