Preview
1 Amanda R. Stevens, Esq. (SBN 252350)
astevens@calsubro.com
2 Audrey Westerlund, Esq. (SBN 324036)
3 awesterlund@calsubro.com
SCHROEDER LOSCOTOFF STEVENS LLP
4 502 Mace Blvd, Suite 11
Davis, CA 95618
5 Telephone (916) 438-8300
6 Facsimile (916) 292-9174
7
Attorneys for Plaintiff
8 ALLSTATE INSURANCE COMPANY
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
FOR THE COUNTY OF PLACER
11
ALLSTATE INSURANCE COMPANY, ) Case No.: S-CV-0047953
12 )
Plaintiffs, )
13 )
vs. ) PLAINTIFF’S EX PARTE
14 ) APPLICATION FOR AN ORDER
ASTRA CONSTRUCTION & DESIGN; and ) SHORTENING TIME ON
15 DOES 1-20, ) HEARING FOR PLAINTIFF’S
) MOTION TO COMPEL
16 Defendants. ) DEFENDANT ASTRA
) CONSTRUCTION & DESIGN’S
17 ) RESPONSE TO
) SUPPLEMENTAL REQUEST
18 ) FOR PRODUCTION OF
) DOCUMENTS, SET ONE and
19 ) DECLARATION OF AUDREY
) WESTERLUND IN SUPPORT
20 ) THEREOF
)
21 ) Date: March 20, 2024
) Time: 8:00 A.M.
22 )_ Location: Department 42
)
23
24 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
25 PLEASE TAKE NOTICE that on March 20, 2024 at 8:00 a.m., or as soon thereafter as
26 the matter may be heard in Department 42 of this Court, located at 10820 Justice Center Drive,
27 Roseville, CA 95678, the Honorable Court presiding, Plaintiff Allstate Insurance Company
28 (“Plaintiff”) will and hereby does apply Ex Parte for an Order to shorten the time for the Court
1
EX PARTE APPLICATION FOR ORDER SHORTENING TIME
1 to hear Plaintiff’s Motion to Compel Defendant Astra Construction & Design (“Defendant”) to
2 Responses to Supplemental Production of Documents, Set One. A copy of this Motion is attached
3 hereto as Exhibit A. We are seeking the motion to be heard in advance of the trial date, and no
4 later than April 5, 2024.
5 This application is made on the ground that severe prejudice will result if the hearing date
6 is not advanced, as the trial date for this matter is set for April 22, 2024. Plaintiff has not received
7 verified responses to Supplemental Production of Documents, Set One. Plaintiff cannot proceed
8 to trial without the verified responses because the information and responses are crucial to the
9 underlying case and to avoid undue surprise, prejudice, and motions at the time of trial.
10 This Application will be based on Code of Civil Procedure §§ 1005 and 128 and California
11 Rules of Court, Rules 3.1200 - 3.1207. This application is made on the Memorandum of Points
12 and Authorities, the declaration of Audrey Westerlund attached hereto, and upon all papers and
13 pleadings on file herein and on such other oral and documentary evidence as may be presented at
14 the time of the hearing.
15
16 Dated: March 19, 2024 SCHROEDER LOSCOTOFF STEVENS LLP
17
18
19 By:________________________________
AMANDA R. STEVENS, ESQ.
20 AUDREY WESTERLUND, ESQ.
Attorneys for Plaintiffs
21 Allstate Insurance Company
22
23
24
25
26
27
28
2
EX PARTE APPLICATION FOR ORDER SHORTENING TIME
EXHIBIT A
1 Amanda R. Stevens, Esq. (SBN 252350)
astevens@calsubro.com
2 Audrey Westerlund, Esq. (SBN 324036)
3 awesterlund@calsubro.com
SCHROEDER LOSCOTOFF STEVENS LLP
4 502 Mace Blvd, Suite 11
Davis, CA 95618
5 Telephone (916) 438-8300
6 Facsimile (916) 292-9174
7
Attorneys for Plaintiff
8 ALLSTATE INSURANCE COMPANY
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
FOR THE COUNTY OF PLACER
11
ALLSTATE INSURANCE COMPANY, ) Case No.: S-CV-0047953
12 )
Plaintiffs, )
13 )
vs. ) PLAINTIFF ALLSTATE INSURANCE
14 ) COMPANY’S NOTICE OF MOTION
ASTRA CONSTRUCTION & DESIGN; and ) AND MOTION FOR AN ORDER
15 DOES 1-20, ) COMPELLING DEFENDANT ASTRA
) CONSTRUCTION & DESIGN’S
16 Defendants. )
) RESPONSE TO SUPPLEMENTAL
17 ) REQUESTS FOR PRODUCTION, SET
) ONE AND MONETARY SANCTIONS
18 )
) Date: May 7, 2024
19 ) Time: 8:30 A.M.
) Location: Department 42
20 )
)
21 )
22
TO COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD HEREIN:
23
PLEASE TAKE NOTICE that on May 7, 2024, at 8:30 a.m., or as soon thereafter as the
24
matter may be heard, in Department 42 of the Superior Court of California, County of Placer,
25
located at 10820 Justice Center Drive, Roseville, CA 95678, Plaintiff Allstate Insurance Company
26
(“Allstate”) will, and hereby does, move the Court for an Order Compelling Defendant Astra
27
Construction & Design’s (“Astra”) Supplemental Response to Requests for Production, Set Two
28
served on January 23, 2024 (“Motion”). Furthermore, Allstate will, and hereby does, move the
1
PLAINTIFF ALLSTATE INSURANCE COMPANY’S NOTICE OF MOTION AND MOTION FOR AN ORDER
COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO REQUESTS FOR PRODUCTION,
SET ONE AND MONETARY SANCTIONS
1 Court for an order requiring Astra to pay a monetary sanction to Allstate in the sum of $629.40
2 for the reasonable expenses and attorney fees incurred by the moving party in connection with
3 this proceeding.
4 This Motion is made pursuant to Code of Civil Procedure § 2031.300(b). On March 11,
5 2024, Astra served unverified responses to Allstate’s Supplemental Requests for Production, Set
6 Two. “Unsworn responses are tantamount to no response at all.” Appleton v. Superior Court,
7 (1988) 206 Cal.App.3d 632, 636. Allstate’s counsel has notified Astra’s counsel on multiple
8 occasions that Astra failed to properly respond to Allstate’s Requests for Production, Set Two,
9 with no response.
10 This Motion will be based on this Notice of Motion and Motion, Memorandum of Points
11 and Authorities, the Declaration of Audrey Westerlund, the records on file herein, and any other
12 oral or written evidence as may be presented at the hearing.
13 Concurrently herewith, Allstate is filing the following motions: (1) Motion for an Order
14 Establishing the Truth of Each Matter Specified in Plaintiff’s Requests for Admission, Set Two
15 be Deemed Admitted and Monetary Sanctions; (2) Motion for an Order Compelling Defendant
16 Astra Construction & Design’s Response to Form Interrogatories, Set Two and Monetary
17 Sanctions; (3) Motion for an Order Compelling Defendant Astra Construction & Design’s
18 Response to Form Interrogatories, Set Two; and (4) Motion for an Order Compelling Defendant
19 Astra Construction & Design’s Response to Supplemental Interrogatories, Set One.
20
21
22
23 Dated: March 18, 2024 SCHROEDER LOSCOTOFF STEVENS LLP
24
25
26 By:________________________________
AMANDA R. STEVENS, ESQ.
27 AUDREY WESTERLUND, ESQ.
Attorneys for Plaintiffs
28 Allstate Insurance Company
2
PLAINTIFF ALLSTATE INSURANCE COMPANY’S NOTICE OF MOTION AND MOTION FOR AN ORDER
COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO REQUESTS FOR PRODUCTION,
SET ONE AND MONETARY SANCTIONS
1 PROOF OF SERVICE
2 I am employed in the County of Yolo, State of California and am over the age of 18 and am not
a party to the within entitled action. My business address is 502 Mace Boulevard, Suite 11, Davis, CA
3
95618.
4 On Monday, March 18, 2024, I served the foregoing document(s),
PLAINTIFF ALLSTATE INSURANCE COMPANY’S NOTICE OF MOTION AND
5 MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION
& DESIGN’S RESPONSE TO SUPPLEMENTAL REQUESTS FOR PRODUCTION,
6 SET ONE AND MONETARY SANCTIONS
to all interested parties, as listed on the attached service list, by placing a true and correct copy
7
thereof, through the means designated below:
8
[ ] FAX – by transmitting via facsimile the document(s) listed above to the fax number(s) set forth on
9 the attached service list on this date before 5:00 p.m. (PST).
10 [X] ELECTRONIC TRANSMISSION - by e-mailing the document(s) to the person(s) at the e-mail
address(es) listed on the attached service list as, during the COVID-19 pandemic, the majority of this
11 office will be working remotely and is therefore primarily using electronic mail. No electronic
message or other indication that the transmission was unsuccessful was received within a reasonable
12
time after the transmission.
13
[ ] MAIL – by placing the document(s) listed above in a sealed envelope with postage thereon fully
14 prepaid, in the United States Mail at Sacramento, California. [Courtesy Copy]
15 [ ] OVERNIGHT MAIL – by sending the document(s) listed above in a sealed overnight mail
envelope with the overnight mail company, , to the
16 person(s) at the address(es) listed on the attached service list.
17
[ ] PERSONAL DELIVERY – by personally delivering the document(s) listed above to the person(s)
18 at the address(es) set forth on the attached service list.
19 [ ] DELIVERY BY ANOTHER - by causing personal delivery by of
the document(s) listed above to the person(s) at the address(es) set forth on the attached service
20 list.
21 I am "readily familiar" with the firm's practice of collection and processing correspondence
22 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day
with postage thereon fully prepaid at Sacramento, California, in the ordinary course of business. I am
23 aware that on motion of the party served, service is presumed invalid if postal cancellation date or
postage meter date is more than one day after the date of deposit for mailing an affidavit.
24
I declare under penalty of perjury under the laws of the State of California that the above is
25
true and correct and that this declaration was executed on Monday, March 18, 2024 at Sacramento,
California.
26
_________________________________
27 JADE NEACH
28 Allstate Insurance Company v. Astra Construction & Design
6784S-Coss
1
PROOF OF SERVICE
1 SERVICE LIST
2 Allstate Insurance Company v. Astra Construction & Design
6784S-Coss
3
4 William Kronenberg, Esq.
Flavio G.Z. Fonseca, Esq.
5 KRONENBERG LAW PC
1 Kaiser Plaza, Suite 1675
6 Oakland, CA 94612-3699
7 Telephone: (510) 254-6767
Facsimile: (510) 788-4092
8 Email: wkronenberg@krolaw.com;
ffonseca@krolaw.com;
9 pyanes@krolaw.com
10
Counsel for Defendant ASTRA
11 CONSTRUCTION & DESIGN
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
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2
PROOF OF SERVICE
1 Amanda R. Stevens, Esq. (SBN 252350)
astevens@calsubro.com
2 Audrey Westerlund, Esq. (SBN 324036)
3 awesterlund@calsubro.com
SCHROEDER LOSCOTOFF STEVENS LLP
4 502 Mace Blvd, Suite 11
Davis, CA 95618
5 Telephone (916) 438-8300
6 Facsimile (916) 292-9174
7
Attorneys for Plaintiff
8 ALLSTATE INSURANCE COMPANY
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
FOR THE COUNTY OF PLACER
11
ALLSTATE INSURANCE COMPANY, ) Case No.: S-CV-0047953
12 )
Plaintiffs, )
13 )
vs. ) PLAINTIFF ALLSTATE INSURANCE
14 ) COMPANY’S MEMORANDUM OF
ASTRA CONSTRUCTION & DESIGN; and ) POINTS AND AUTHORITIES IN
15 DOES 1-20, ) SUPPORT OF ITS MOTION FOR AN
) ORDER COMPELLING
16 Defendants. )
) DEFENDANT ASTRA
17 ) CONSTRUCTION & DESIGN’S
) RESPONSE TO SUPPLEMENTAL
18 ) REQUESTS FOR PRODUCTION, SET
) ONE AND MONETARY SANCTIONS
19 )
) Date: May 7, 2024
20 ) Time: 8:30 A.M.
) Location: Department 42
21 )
22
23
COMES NOW Plaintiff Allstate Insurance Company (“Allstate”), by and through its
24
counsel of record, and moves for an Order Compelling Defendant Astra Construction & Design’s
25
(“Astra”) Response to Supplemental Requests For Production, Set One and Monetary Sanctions.
26
27
28
1
PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S
SUPPLEMENTAL RESPONSE TO REQUESTS FOR PRODUCTION, SET ONE AND MONETARY SANCTIONS
1 I. FACTUAL BACKGROUND
2 This is a subrogation action arising out of damage to the property located at 5408 Granite
3 Grove Way, Granite Bay, CA 95746. Allstate filed its Complaint on January 31, 2022 against
4 Astra. (Decl. of AW, ¶ 2).
5 On January 23, 2024, Allstate served its Supplemental Requests for Production, Set One
6 on Astra, with a response deadline of February 23, 2024. (Decl. of AW, ¶ 3). A true and correct
7 copy of those requests is attached to the Declaration of Audrey Westerlund as Exhibit A and is
8 incorporated herein by reference. (Decl. of AW, ¶ 3) On February 23, 2024, the day responses
9 were due, Astra’s counsel called Allstate’s counsel after 3:00pm to request a two-week
10 extension. Allstate’s counsel declined to grant two-weeks advising the responses were necessary
11 for expert discovery but did grant a one-week extension, making Astra’s responses due March
12 4, 2024. (Decl. of AW, ¶ 4). On March 4, 2024, Astra’s counsel emailed Allstate’s counsel to
13 request another one-week extension. Allstate’s counsel reluctantly granted the extension, again
14 impressing the need for responses to complete expert discovery and making Astra’s responses
15 due March 11, 2024. (Decl. of AW, ¶ 5). On March 11, 2024, Astra served its Responses to
16 Allstate’s Supplemental Requests for Production, Set One, which responses contained more than
17 just objections, but failed to include a signed verification under oath. (Decl. of AW, ¶ 6). A true
18 and correct copy of the unverified responses to Allstate’s Requests for Production, Set Two is
19 attached to the Declaration of Audrey Westerlund as Exhibit B, and is incorporated herein by
20 reference. (Decl. of AW, ¶ 6). On March 12, 2024, Allstate’s counsel sent a formal written meet
21 and confer letter to Astra’s counsel notifying them of the failure to serve verified responses under
22 oath to Allstate’s Supplemental Requests for Production, Set One. A true and correct copy of the
23 meet and confer letter is attached to the Declaration of Audrey Westerlund as Exhibit C and is
24 incorporated herein by reference. (Decl. of AW, ¶ 8). After not receiving signed verification
25 under oath as to its Supplemental Requests for Production, Set One in response to Allstate’s meet
26 and confer letter, Allstate’s counsel followed-up with Astra’s counsel via phone and left a
27 voicemail with counsel on March 15, 2024 warning that Allstate’s deadline before it filed a
28
2
PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S
SUPPLEMENTAL RESPONSE TO REQUESTS FOR PRODUCTION, SET ONE AND MONETARY SANCTIONS
1 motion is March 18, 2024, and Allstate would be forced to file that motion if the responses and
2 verification were not timely served. (Decl. of AW, ¶ 9).
3 As of the filing of this Motion, Astra has failed to timely serve verified responses to
4 Allstate’s Supplemental Requests for Production, Set One. (Decl. of AW, ¶ 11).
5 Accordingly, Allstate moves this Court for an order compelling Astra to serve verified
6 responses sworn under oath and free of objections to Allstate’s Supplemental Requests for
7 Production, Set One. Allstate further moves the Court for monetary sanctions against Astra in
8 the amount of $629.40 to be paid to Allstate as reimbursement for the reasonable expenses and
9 fees incurred in connection with this proceeding. (Decl. of AW, ¶ 12).
10 II. LEGAL ARGUMENT
11 A. Failure to Timely Serve Verified Responses Under Oath
12 Pursuant to Code of Civil Procedure § 2031.250(a): “The party to whom the demand for
13 inspection, copying, testing, or sampling is directed shall sign the response under oath, unless
14 the response contains only objections.” “Unsworn responses are tantamount to no response at
15 all.” Appleton v. Superior Court, (1988) 206 Cal.App.3d 632, 636. Pursuant to Code of Civil
16 Procedure § 2031.300(a), if a party to whom a demand for inspection, copying, testing, or
17 sampling has been directed fails to serve a timely response, that party thereby waives any
18 objection to the demands, including one based on privilege or on the protection for work product.
19 Additionally, if a party to whom Requests for Production have been directed fails to serve a
20 timely response, the requesting party may move for an order compelling response to the demand.
21 Code of Civil Procedure § 2031.300(b). It is a misuse of the discovery process to fail to respond
22 to an authorized method of discovery. Code of Civil Procedure § 2023.010(d). A motion to
23 compel responses for failure to provide responses is not subject to the same 45-day time limit or
24 meet and confer requirements of a motion to compel further responses, nor does the moving
25 party have to demonstrate good cause. Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare
26 Consultants, (2007) 148 Cal.App.4th 390, 404.
27 In the instant case, Allstate served its Supplemental Requests for Production, Set One on
28 Astra on January 23, 2024, with an agreed upon service deadline of February 23, 2024 with Astra
3
PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S
SUPPLEMENTAL RESPONSE TO REQUESTS FOR PRODUCTION, SET ONE AND MONETARY SANCTIONS
1 ultimately serving their responses on March 11, 2024. Astra failed to serve verified responses
2 under oath, which is tantamount to not serving responses at all. While the Appleton case
3 specifically deals with requests for admission, the logic behind the decision carries over to all
4 written discovery. Without providing a sworn verification with Astra’s response to Allstate’s
5 supplemental requests for production, the information in those responses cannot be relied upon
6 to be true, accurate, and inclusive of all information available to the responding party. Astra has
7 failed to provide verified responses as of the filing of this Motion.
8 Astra has failed to timely serve verified responses under oath to Allstate’s Supplemental
9 Requests for Production, Set One. Pursuant to California law, Allstate moves the Court for an
10 order compelling Astra to serve verified responses under oath and free from objections to its
11 Supplemental Requests for Production, Set One. Allstate further requests the Court order Astra
12 to produce any documents previously withheld from production due to a claim of privilege or
13 work product protection, as such privilege/protection is waived based on Astra’s failure to timely
14 provide verified responses under oath.
15 B. Monetary Sanction for Failure to Respond
16 Allstate also moves the court to impose a monetary sanction on Astra. Allstate is entitled
17 to seek monetary sanctions pursuant to Code of Civil Procedure § 2031.300(c), which states:
18 “Except as provided in subdivision (d), the court shall impose a monetary sanction under Chapter
19 7 (commencing with Section 2023.010) against any party, person, or attorney who
20 unsuccessfully makes or opposes a motion to compel a response to a demand for inspection,
21 copying, testing, or sampling, unless it finds that the one subject to the sanction acted with
22 substantial justification or that other circumstances make the imposition of the sanction unjust.”
23 “If a party fails to serve a timely response, and the propounding party move for an obtains a court
24 order compelling a response, the trial court must impose a monetary sanction against the
25 delinquent party unless that party acted with ‘substantial justification’ or the sanction would
26 otherwise be unjust.” Sinaiko, supra 148 Cal.App.4th at 404 (emphasis added).
27 “The court may impose a monetary sanction ordering that one engaging in the misuse of
28 the discovery process, or any attorney advising that conduct, or both pay the reasonable
4
PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S
SUPPLEMENTAL RESPONSE TO REQUESTS FOR PRODUCTION, SET ONE AND MONETARY SANCTIONS
1 expenses, including attorney's fees, incurred by anyone as a result of that conduct. . .” Code of
2 Civil Procedure § 2023.030(a). “If a monetary sanction is authorized by any provision of this
3 title, the court shall impose that sanction unless it finds that the one subject to the sanction acted
4 with substantial justification or that other circumstances make the imposition of the sanction
5 unjust.” California Code of Civil Procedure §2023.030(a); Ghanooni v. Super Shuttle (1993) 20
6 Cal. App. 4th 256, 260-261; 24 Cal. Rptr. 2d 501, 503-585.
7 The nature of the monetary sanction available under California Code of Civil Procedure
8 Section 2023.030(a) is similar to the awards that may be imposed under Code of Civil Procedure
9 Sections 473 and 1024, and serves a similar purpose, that is, to compensate for expenses
10 incurred; thus, the court may award a reasonable amount to compensate a party for his or her
11 expenses incurred and is not limited to the costs that might properly be taxed against the losing
12 party after the trial of the action. See Rosen v. Superior Court (1966) 244 Cal. App. 2d 586, 593-
13 596. The value of an attorney's services is a matter with which a judge must necessarily be
14 familiar. When the court is informed of the extent and nature of such services, its own experience
15 furnishes it with every element necessary to fix their value. Bacon v. Bacon (1948) 32 Cal. 2d
16 131, 143; Spencer v. Collins (1909) 156 Cal. 298, 307.
17 Astra has misused the discovery process by failing to timely serve verified responses
18 under oath to Allstate’s Supplemental Requests for Production, Set One. There is no legitimate
19 justification or circumstance for the failure to provide verified responses. Allstate is attempting to
20 narrow the issues and evaluate the merits of the case for trial. Therefore, Allstate requests the
21 Court impose monetary sanctions against Astra in the amount of $629.40.
22 III. CONCLUSION
23 For the above-stated reasons, Plaintiff Allstate Insurance Company respectfully requests
24 the Court issue an order compelling Defendant Astra Construction & Design’s verified response
25 under oath and free of objection to Allstate’s Supplemental Requests for Production, Set One.
26 Plaintiff Allstate Insurance Company further requests the Court impose monetary sanctions
27 against Defendant Astra Construction & Design in the amount of $629.40 for the reasonable
28 expenses and attorney fees incurred in connection with this proceeding. This Motion is made on
5
PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S
SUPPLEMENTAL RESPONSE TO REQUESTS FOR PRODUCTION, SET ONE AND MONETARY SANCTIONS
1 the grounds that the Supplemental Requests For Production, Set One are relevant to the subject
2 matter of this action, and that Defendant Astra Construction & Design has failed to timely serve
3 verified responses under oath.
4
5 Dated: March 18, 2024 SCHROEDER LOSCOTOFF STEVENS LLP
6
7
8 By:________________________________
AMANDA R. STEVENS, ESQ.
9 AUDREY WESTERLUND, ESQ.
Attorneys for Plaintiffs
10 Allstate Insurance Company
11
12
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14
15
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6
PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S
SUPPLEMENTAL RESPONSE TO REQUESTS FOR PRODUCTION, SET ONE AND MONETARY SANCTIONS
1 PROOF OF SERVICE
2 I am employed in the County of Yolo, State of California and am over the age of 18 and am not
a party to the within entitled action. My business address is 502 Mace Boulevard, Suite 11, Davis, CA
3
95618.
4 On Monday, March 18, 2024, I served the foregoing document(s),
PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS
5 AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR AN ORDER
COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE
6 TO SUPPLEMENTAL REQUESTS FOR PRODUCTION, SET ONE AND MONETARY
SANCTIONS
7 to all interested parties, as listed on the attached service list, by placing a true and correct copy
8 thereof, through the means designated below:
9 [ ] FAX – by transmitting via facsimile the document(s) listed above to the fax number(s) set forth on
the attached service list on this date before 5:00 p.m. (PST).
10
[X] ELECTRONIC TRANSMISSION - by e-mailing the document(s) to the person(s) at the e-mail
11 address(es) listed on the attached service list as, during the COVID-19 pandemic, the majority of this
office will be working remotely and is therefore primarily using electronic mail. No electronic
12
message or other indication that the transmission was unsuccessful was received within a reasonable
13 time after the transmission.
14 [ ] MAIL – by placing the document(s) listed above in a sealed envelope with postage thereon fully
prepaid, in the United States Mail at Sacramento, California. [Courtesy Copy]
15
[ ] OVERNIGHT MAIL – by sending the document(s) listed above in a sealed overnight mail
16 envelope with the overnight mail company, , to the
person(s) at the address(es) listed on the attached service list.
17
18 [ ] PERSONAL DELIVERY – by personally delivering the document(s) listed above to the person(s)
at the address(es) set forth on the attached service list.
19
[ ] DELIVERY BY ANOTHER - by causing personal delivery by of
20 the document(s) listed above to the person(s) at the address(es) set forth on the attached service
list.
21
22 I am "readily familiar" with the firm's practice of collection and processing correspondence
for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day
23 with postage thereon fully prepaid at Sacramento, California, in the ordinary course of business. I am
aware that on motion of the party served, service is presumed invalid if postal cancellation date or
24 postage meter date is more than one day after the date of deposit for mailing an affidavit.
25
I declare under penalty of perjury under the laws of the State of California that the above is
true and correct and that this declaration was executed on Monday, March 18, 2024 at Sacramento,
26 California.
27 _________________________________
JADE NEACH
28
Allstate Insurance Company v. Astra Construction & Design
6784S-Coss
1
PROOF OF SERVICE
1
SERVICE LIST
2
Allstate Insurance Company v. Astra Construction & Design
3
6784S-Coss
4
William Kronenberg, Esq.
5 Flavio G.Z. Fonseca, Esq.
KRONENBERG LAW PC
6 1 Kaiser Plaza, Suite 1675
7 Oakland, CA 94612-3699
Telephone: (510) 254-6767
8 Facsimile: (510) 788-4092
Email: wkronenberg@krolaw.com;
9 ffonseca@krolaw.com;
10 pyanes@krolaw.com
11 Counsel for Defendant ASTRA
CONSTRUCTION & DESIGN
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
PROOF OF SERVICE
1 Amanda R. Stevens, Esq. (SBN 252350)
astevens@calsubro.com
2 Audrey Westerlund, Esq. (SBN 324036)
3 awesterlund@calsubro.com
SCHROEDER LOSCOTOFF STEVENS LLP
4 502 Mace Blvd, Suite 11
Davis, CA 95618
5 Telephone (916) 438-8300
6 Facsimile (916) 292-9174
7
Attorneys for Plaintiff
8 ALLSTATE INSURANCE COMPANY
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
FOR THE COUNTY OF PLACER
11
ALLSTATE INSURANCE COMPANY, ) Case No.: S-CV-0047953
12 )
Plaintiffs, )
13 )
vs. ) DECLARATION OF AUDREY
14 ) WESTERLUND IN SUPPORT OF
ASTRA CONSTRUCTION & DESIGN; and ) PLAINTIFF ALLSTATE INSURANCE
15 DOES 1-20, ) COMPANY’S MOTION FOR AN
) ORDER COMPELLING
16 Defendants. )
) DEFENDANT ASTRA
17 ) CONSTRUCTION & DESIGN’S
) RESPONSE TO SUPPLEMENTAL
18 ) REQUEST FOR PRODUCTION OF
) DOCUMENTS, SET ONE AND
19 ) MONETARY SANCTIONS
)
20 ) Date: May 7, 2024
)
) Time: 8:30 A.M.
21 Location: Department 42
)
22 )
)
23 )
)
24
25 I, Audrey Westerlund, declare:
26 1. I am a duly licensed attorney with Schroeder Loscotoff Stevens LLP, attorneys of
27 record for Plaintiff Allstate Insurance Company (“Allstate”) in the above-captioned matter. I
28
1
DECLARATION OF AUDREY WESTERLUND IN SUPPORT OF PLAINTIFF ALLSTATE INSURANCE COMPANY’S
MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO
SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND MONETARY SANCTIONS
1 have personal knowledge of the facts set forth herein and could and would competently testify to
2 the truth of the following matters if called as a witness.
3 2. On January 31, 2022, my office filed Allstate’s Complaint with this Court against
4 Astra Construction & Design (“Astra”).
5 3. On January 23, 2024, Allstate served its Supplemental Requests For Production of
6 Documents, Set One on Astra, with a response deadline of March 15, 2024. True and correct
7 copies of that request is attached hereto as Exhibit A and are incorporated herein by reference.
8 4. On February 23, 2024, Astra’s counsel requested a two-week extension, I declined,
9 advising their responses were necessary for expert discovery. I granted them a one-week
10 extension, making their responses due March 4, 2024.
11 5. On March 4, 2024, Astra’s counsel requested a one-week extension, making their
12 responses due March 11, 2024.
13 6. On March 11, 2024, Astra served its Responses to Allstate’s Supplemental
14 Requests For Production of Documents, Set One, which responses contained more than just
15 objections, but failed to include a signed verification under oath. A true and correct copy of those
16 responses is attached hereto as Exhibit B and are incorporated herein by reference.
17 7. On March 12, 2024, my office emailed and left a voicemail for Astra’s counsel
18 regarding the unverified responses.
19 8. On March 12, 2024, Amanda Stevens, Esq., sent a formal written meet and confer
20 letter to Astra’s counsel notifying them of their failure to serve verified responses under oath to
21 Allstate’s Supplemental Requests For Production of Documents, Set One. A true and correct copy
22 of that letter is attached hereto as Exhibit C and is incorporated herein by reference.
23 9. After not receiving a signed verification under oath in response to the meet and
24 confer letter, I followed-up with Astra’s counsel via voicemail on March 15, 2024, warning that
25 Allstate’s deadline before it filed a motion was March 18, 2024, and Allstate would be forced to
26 file that motion if the responses and verifications were not timely served.
27 10. Astra’s counsel called back and said he did not yet have signed verifications and
28 was unable to confirm when signed verifications would be provided.
2
DECLARATION OF AUDREY WESTERLUND IN SUPPORT OF PLAINTIFF ALLSTATE INSURANCE COMPANY’S
MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO
SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND MONETARY SANCTIONS
1 11. As of the filing of Allstate’s Motion, Astra has failed to timely produce verified
2 responses to Allstate’s Supplemental Requests For Production of Documents, Set One.
3 12. As a result of Astra’s failure to provide verified responses under oath, Allstate has
4 incurred and will incur reasonable costs and attorneys’ fees in connection with this Motion and
5 the hearing thereon, totaling $629.40, which consists of the following:
6 • Motion Fee : $60.00
7 • eFiling Charge : $14.95
8 • Convenience Fee : $1.95
9 • Vcourt Remote Appearance : $27.50
10 • Motion Preparation – 1.5 hours : $525.00
11 • Attorney Fees at $350.00 per hour
12 • Hearing Argument - 0.5 hours : $0.00
13 • Attorney Fees at $350.00 per hour
14 • Cost covered by other concurrently filed/heard Motion
15 TOTAL : $629.40
16
17
18 I declare under the penalty of perjury under the laws of the State of California that the
19 foregoing is true and correct. Executed on March 18, 2024 at Sacramento, California.
20
_______________________________
21 Audrey Westerlund
22
23
24
25
26
27
28
3
DECLARATION OF AUDREY WESTERLUND IN SUPPORT OF PLAINTIFF ALLSTATE INSURANCE COMPANY’S
MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO
SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND MONETARY SANCTIONS
EXHIBIT A
1 Amanda R. Stevens, Esq. (SBN 252350)
astevens@calsubro.com
2 Nicole Vales, Esq. (SBN 328338)
3 nvales@calsubro.com
SCHROEDER LOSCOTOFF STEVENS LLP
4 502 Mace Blvd, Suite 11
Davis, CA 95618
5 Telephone (916) 438-8300
6 Facsimile (916) 292-9174
7 Attorneys for Plaintiff
ALLSTATE INSURANCE COMPANY
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
10 FOR THE COUNTY OF PLACER
11 ALLSTATE INSURANCE COMPANY, ) Case No.: S – CV- 0047953
)
12
Plaintiff, )
13 ) PLAINTIFF ALLSTATE
v. ) INSURANCE COMPANY’S
14 ) SUPPLEMENTAL REQUESTS
ASTRA CONSTRUCTION & DESIGN; ) FOR PRODUCTION TO
15 and DOES 1 to 20, ) DEFENDANT ASTRA
) CONSTRUCTION & DESIGN,
16 Defendants. ) SET ONE
17
18
PROPOUNDING PARTY : ALLSTATE INSURANCE COMPANY
19
RESPONDING PARTY : ASTRA CONSTRUCTION & DESIGN
20
SET NO. : ONE
21
Plaintiff ALLSTATE INSURANCE COMPANY hereby requests that Defendant
22
ASTRA CONSTRUCTION & DESIGN, pursuant to CCP §§2031.010 and 2031.050,
23
propound a supplemental request for production and inspection of documents and things
24
requesting any later acquired information bearing on all request for production/inspection
25
responses previously made by you in this matter.
26
In answering this Supplemental Request for Production of Documents, furnish all
27
documents which are available to you, including documents in the possession of your attorney
28
1
PLAINTIFF ALLSTATE INSURANCE COMPANY’S SUPPLEMENTAL REQUESTS FOR PRODUCTION TO
DEFENDANT ASTRA CONSTRUCTION & DESIGN, SET ONE
1 or investigators for your attorney, and not merely such documents within your personal
2 possession.
3 If you cannot provide certain documents, after exercising due diligence to secure
4 possession of the documents, so state, and specify the reason for your inability to provide
5 certain requested documents and provide the remainder of the requested documents as
6 demanded.
7 DEFINITIONS
8 1. “YOU, “YOUR” or “YOURS” includes Defendant ASTRA CONSTRUCTION &
9 DESIGN and its agents, employees, insurance companies, attorneys, accountants, investigators
10 and anyone else acting on its behalf.
11 SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS
12 1. Please review YOUR responses to Plaintiff ALLSTATE INSURANCE
13 COMPANY’S Request for Production of Documents previously served on YOU in this action
14 and update YOUR responses by providing all additional documents that are responsive to the
15 Request for Production of Documents, including all documents not previously produced by YOU.
16 If no additional documents exist, please so state.
17
18 Dated: January 23, 2024 SCHROEDER LOSCOTOFF STEVENS LLP
19
20
21 By:
AMANDA R. STEVENS, ESQ.
22 NICOLE VALES, ESQ.
Attorneys for Plaintiff
23 ALLSTATE INSURANCE COMPANY
24
25
26
27
28
2
PLAINTIFF ALLSTATE INSURANCE COMPANY’S SUPPLEMENTAL REQUESTS FOR PRODUCTION TO
DEFENDANT ASTRA CONSTRUCTION & DESIGN, SET ONE
1 PROOF OF SERVICE
2 I am employed in the County of Yolo, State of California and am over the age of 18 and am not
a party to the within entitled action. My business address is 502 Mace Boulevard, Suite 11, Davis, CA
3
95618.
4 On Tuesday, January 23, 2024, I served the foregoing document(s),
5 PLAINTIFF ALLSTATE INSURANCE COMPANY’S SUPPLEMENTAL REQUESTS
FOR PRODUCTION TO DEFENDANT ASTRA CONSTRUCTION & DESIGN, SET
6
ONE & PROPOSED ORDER
7 to all interested parties, as listed on the attached service list, by placing a true and correct copy
thereof, through the means designated below:
8
[ ] FAX – by transmitting via facsimile the document(s) listed above to the fax number(s) set forth on
9 the attached service list on this date before 5:00 p.m. (PST).
10 [X] ELECTRONIC TRANSMISSION - by e-mailing the document(s) to the person(s) at the e-mail
11 address(es) listed on the attached service list as, during the COVID-19 pandemic, the majority of this
office will be working remotely and is therefore primarily using electronic mail. No electronic
12 message or other indication that the transmission was unsuccessful was received within a reasonable
time after the transmission.
13
[ ] MAIL – by placing the document(s) listed above in a sealed envelope with postage thereon fully
14 prepaid, in the United States Mail at Sacramento, California. [Courtesy Copy]
15 [ ] OVERNIGHT MAIL – by sending the document(s) listed above in a sealed overnight mail
16 envelope with the overnight mail company, , to the
person(s) at the address(es) listed on the attached service list.
17
[ ] PERSONAL DELIVERY – by personally delivering the document(s) listed above to the person(s)
18 at the address(es) set forth on the attached service list.
19 [ ] DELIVERY BY ANOTHER - by causing personal delivery by of
the document(s) listed above to the person(s) at the address(es) set forth on the attached service
20 list.
21
I am "readily familiar" with the firm's practice of collection and processing correspondence
22 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day
with postage thereon fully prepaid at Sacramento, California, in the ordinary course of business. I am
23 aware that on motion of the party served, service is presumed invalid if postal cancellation date or
postage meter date is more than one day after the date of deposit for mailing an affidavit.
24
25 I declare under penalty of perjury under the laws of the State of California that the above is
true and correct and that this declaration was executed on Tuesday, January 23, 2024 at Sacramento,
26 California.
27 _________________________________
ALEXANDRA CASTRO
28
Allstate Insurance Company v. Astra Construction & Design
6784S-Coss
1
PROOF OF SERVICE
1 SERVICE LIST
2 Allstate Insurance Company v. Astra Construction & Design
6784S-Coss
3
4 William Kronenberg, Esq.
Dominc Ripoli, Esq.
5 KRONENBERG LAW PC
1 Kaiser Plaza, Suite 1675
6 Oakland, CA 94612-3699
7 Telephone: (510) 254-6767
Facsimile: (510) 788-4092
8 Email: wkronenberg@krolaw.com;
dripoli@krolaw.com;
9 amarion@krolaw.com
10
Counsel for Defendant ASTRA
11 CO
Preview
1 Amanda R. Stevens, Esq. (SBN 252350) astevens@calsubro.com 2 Audrey Westerlund, Esq. (SBN 324036) 3 awesterlund@calsubro.com SCHROEDER LOSCOTOFF STEVENS LLP 4 502 Mace Blvd, Suite 11 Davis, CA 95618 5 Telephone (916) 438-8300 6 Facsimile (916) 292-9174 7 Attorneys for Plaintiff 8 ALLSTATE INSURANCE COMPANY 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF PLACER 11 ALLSTATE INSURANCE COMPANY, ) Case No.: S-CV-0047953 12 ) Plaintiffs, ) 13 ) vs. ) PLAINTIFF’S EX PARTE 14 ) APPLICATION FOR AN ORDER ASTRA CONSTRUCTION & DESIGN; and ) SHORTENING TIME ON 15 DOES 1-20, ) HEARING FOR PLAINTIFF’S ) MOTION TO COMPEL 16 Defendants. ) DEFENDANT ASTRA ) CONSTRUCTION & DESIGN’S 17 ) RESPONSE TO ) SUPPLEMENTAL REQUEST 18 ) FOR PRODUCTION OF ) DOCUMENTS, SET ONE and 19 ) DECLARATION OF AUDREY ) WESTERLUND IN SUPPORT 20 ) THEREOF ) 21 ) Date: March 20, 2024 ) Time: 8:00 A.M. 22 )_ Location: Department 42 ) 23 24 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: 25 PLEASE TAKE NOTICE that on March 20, 2024 at 8:00 a.m., or as soon thereafter as 26 the matter may be heard in Department 42 of this Court, located at 10820 Justice Center Drive, 27 Roseville, CA 95678, the Honorable Court presiding, Plaintiff Allstate Insurance Company 28 (“Plaintiff”) will and hereby does apply Ex Parte for an Order to shorten the time for the Court 1 EX PARTE APPLICATION FOR ORDER SHORTENING TIME 1 to hear Plaintiff’s Motion to Compel Defendant Astra Construction & Design (“Defendant”) to 2 Responses to Supplemental Production of Documents, Set One. A copy of this Motion is attached 3 hereto as Exhibit A. We are seeking the motion to be heard in advance of the trial date, and no 4 later than April 5, 2024. 5 This application is made on the ground that severe prejudice will result if the hearing date 6 is not advanced, as the trial date for this matter is set for April 22, 2024. Plaintiff has not received 7 verified responses to Supplemental Production of Documents, Set One. Plaintiff cannot proceed 8 to trial without the verified responses because the information and responses are crucial to the 9 underlying case and to avoid undue surprise, prejudice, and motions at the time of trial. 10 This Application will be based on Code of Civil Procedure §§ 1005 and 128 and California 11 Rules of Court, Rules 3.1200 - 3.1207. This application is made on the Memorandum of Points 12 and Authorities, the declaration of Audrey Westerlund attached hereto, and upon all papers and 13 pleadings on file herein and on such other oral and documentary evidence as may be presented at 14 the time of the hearing. 15 16 Dated: March 19, 2024 SCHROEDER LOSCOTOFF STEVENS LLP 17 18 19 By:________________________________ AMANDA R. STEVENS, ESQ. 20 AUDREY WESTERLUND, ESQ. Attorneys for Plaintiffs 21 Allstate Insurance Company 22 23 24 25 26 27 28 2 EX PARTE APPLICATION FOR ORDER SHORTENING TIME EXHIBIT A 1 Amanda R. Stevens, Esq. (SBN 252350) astevens@calsubro.com 2 Audrey Westerlund, Esq. (SBN 324036) 3 awesterlund@calsubro.com SCHROEDER LOSCOTOFF STEVENS LLP 4 502 Mace Blvd, Suite 11 Davis, CA 95618 5 Telephone (916) 438-8300 6 Facsimile (916) 292-9174 7 Attorneys for Plaintiff 8 ALLSTATE INSURANCE COMPANY 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF PLACER 11 ALLSTATE INSURANCE COMPANY, ) Case No.: S-CV-0047953 12 ) Plaintiffs, ) 13 ) vs. ) PLAINTIFF ALLSTATE INSURANCE 14 ) COMPANY’S NOTICE OF MOTION ASTRA CONSTRUCTION & DESIGN; and ) AND MOTION FOR AN ORDER 15 DOES 1-20, ) COMPELLING DEFENDANT ASTRA ) CONSTRUCTION & DESIGN’S 16 Defendants. ) ) RESPONSE TO SUPPLEMENTAL 17 ) REQUESTS FOR PRODUCTION, SET ) ONE AND MONETARY SANCTIONS 18 ) ) Date: May 7, 2024 19 ) Time: 8:30 A.M. ) Location: Department 42 20 ) ) 21 ) 22 TO COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD HEREIN: 23 PLEASE TAKE NOTICE that on May 7, 2024, at 8:30 a.m., or as soon thereafter as the 24 matter may be heard, in Department 42 of the Superior Court of California, County of Placer, 25 located at 10820 Justice Center Drive, Roseville, CA 95678, Plaintiff Allstate Insurance Company 26 (“Allstate”) will, and hereby does, move the Court for an Order Compelling Defendant Astra 27 Construction & Design’s (“Astra”) Supplemental Response to Requests for Production, Set Two 28 served on January 23, 2024 (“Motion”). Furthermore, Allstate will, and hereby does, move the 1 PLAINTIFF ALLSTATE INSURANCE COMPANY’S NOTICE OF MOTION AND MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO REQUESTS FOR PRODUCTION, SET ONE AND MONETARY SANCTIONS 1 Court for an order requiring Astra to pay a monetary sanction to Allstate in the sum of $629.40 2 for the reasonable expenses and attorney fees incurred by the moving party in connection with 3 this proceeding. 4 This Motion is made pursuant to Code of Civil Procedure § 2031.300(b). On March 11, 5 2024, Astra served unverified responses to Allstate’s Supplemental Requests for Production, Set 6 Two. “Unsworn responses are tantamount to no response at all.” Appleton v. Superior Court, 7 (1988) 206 Cal.App.3d 632, 636. Allstate’s counsel has notified Astra’s counsel on multiple 8 occasions that Astra failed to properly respond to Allstate’s Requests for Production, Set Two, 9 with no response. 10 This Motion will be based on this Notice of Motion and Motion, Memorandum of Points 11 and Authorities, the Declaration of Audrey Westerlund, the records on file herein, and any other 12 oral or written evidence as may be presented at the hearing. 13 Concurrently herewith, Allstate is filing the following motions: (1) Motion for an Order 14 Establishing the Truth of Each Matter Specified in Plaintiff’s Requests for Admission, Set Two 15 be Deemed Admitted and Monetary Sanctions; (2) Motion for an Order Compelling Defendant 16 Astra Construction & Design’s Response to Form Interrogatories, Set Two and Monetary 17 Sanctions; (3) Motion for an Order Compelling Defendant Astra Construction & Design’s 18 Response to Form Interrogatories, Set Two; and (4) Motion for an Order Compelling Defendant 19 Astra Construction & Design’s Response to Supplemental Interrogatories, Set One. 20 21 22 23 Dated: March 18, 2024 SCHROEDER LOSCOTOFF STEVENS LLP 24 25 26 By:________________________________ AMANDA R. STEVENS, ESQ. 27 AUDREY WESTERLUND, ESQ. Attorneys for Plaintiffs 28 Allstate Insurance Company 2 PLAINTIFF ALLSTATE INSURANCE COMPANY’S NOTICE OF MOTION AND MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO REQUESTS FOR PRODUCTION, SET ONE AND MONETARY SANCTIONS 1 PROOF OF SERVICE 2 I am employed in the County of Yolo, State of California and am over the age of 18 and am not a party to the within entitled action. My business address is 502 Mace Boulevard, Suite 11, Davis, CA 3 95618. 4 On Monday, March 18, 2024, I served the foregoing document(s), PLAINTIFF ALLSTATE INSURANCE COMPANY’S NOTICE OF MOTION AND 5 MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO SUPPLEMENTAL REQUESTS FOR PRODUCTION, 6 SET ONE AND MONETARY SANCTIONS to all interested parties, as listed on the attached service list, by placing a true and correct copy 7 thereof, through the means designated below: 8 [ ] FAX – by transmitting via facsimile the document(s) listed above to the fax number(s) set forth on 9 the attached service list on this date before 5:00 p.m. (PST). 10 [X] ELECTRONIC TRANSMISSION - by e-mailing the document(s) to the person(s) at the e-mail address(es) listed on the attached service list as, during the COVID-19 pandemic, the majority of this 11 office will be working remotely and is therefore primarily using electronic mail. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable 12 time after the transmission. 13 [ ] MAIL – by placing the document(s) listed above in a sealed envelope with postage thereon fully 14 prepaid, in the United States Mail at Sacramento, California. [Courtesy Copy] 15 [ ] OVERNIGHT MAIL – by sending the document(s) listed above in a sealed overnight mail envelope with the overnight mail company, , to the 16 person(s) at the address(es) listed on the attached service list. 17 [ ] PERSONAL DELIVERY – by personally delivering the document(s) listed above to the person(s) 18 at the address(es) set forth on the attached service list. 19 [ ] DELIVERY BY ANOTHER - by causing personal delivery by of the document(s) listed above to the person(s) at the address(es) set forth on the attached service 20 list. 21 I am "readily familiar" with the firm's practice of collection and processing correspondence 22 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Sacramento, California, in the ordinary course of business. I am 23 aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after the date of deposit for mailing an affidavit. 24 I declare under penalty of perjury under the laws of the State of California that the above is 25 true and correct and that this declaration was executed on Monday, March 18, 2024 at Sacramento, California. 26 _________________________________ 27 JADE NEACH 28 Allstate Insurance Company v. Astra Construction & Design 6784S-Coss 1 PROOF OF SERVICE 1 SERVICE LIST 2 Allstate Insurance Company v. Astra Construction & Design 6784S-Coss 3 4 William Kronenberg, Esq. Flavio G.Z. Fonseca, Esq. 5 KRONENBERG LAW PC 1 Kaiser Plaza, Suite 1675 6 Oakland, CA 94612-3699 7 Telephone: (510) 254-6767 Facsimile: (510) 788-4092 8 Email: wkronenberg@krolaw.com; ffonseca@krolaw.com; 9 pyanes@krolaw.com 10 Counsel for Defendant ASTRA 11 CONSTRUCTION & DESIGN 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 PROOF OF SERVICE 1 Amanda R. Stevens, Esq. (SBN 252350) astevens@calsubro.com 2 Audrey Westerlund, Esq. (SBN 324036) 3 awesterlund@calsubro.com SCHROEDER LOSCOTOFF STEVENS LLP 4 502 Mace Blvd, Suite 11 Davis, CA 95618 5 Telephone (916) 438-8300 6 Facsimile (916) 292-9174 7 Attorneys for Plaintiff 8 ALLSTATE INSURANCE COMPANY 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF PLACER 11 ALLSTATE INSURANCE COMPANY, ) Case No.: S-CV-0047953 12 ) Plaintiffs, ) 13 ) vs. ) PLAINTIFF ALLSTATE INSURANCE 14 ) COMPANY’S MEMORANDUM OF ASTRA CONSTRUCTION & DESIGN; and ) POINTS AND AUTHORITIES IN 15 DOES 1-20, ) SUPPORT OF ITS MOTION FOR AN ) ORDER COMPELLING 16 Defendants. ) ) DEFENDANT ASTRA 17 ) CONSTRUCTION & DESIGN’S ) RESPONSE TO SUPPLEMENTAL 18 ) REQUESTS FOR PRODUCTION, SET ) ONE AND MONETARY SANCTIONS 19 ) ) Date: May 7, 2024 20 ) Time: 8:30 A.M. ) Location: Department 42 21 ) 22 23 COMES NOW Plaintiff Allstate Insurance Company (“Allstate”), by and through its 24 counsel of record, and moves for an Order Compelling Defendant Astra Construction & Design’s 25 (“Astra”) Response to Supplemental Requests For Production, Set One and Monetary Sanctions. 26 27 28 1 PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S SUPPLEMENTAL RESPONSE TO REQUESTS FOR PRODUCTION, SET ONE AND MONETARY SANCTIONS 1 I. FACTUAL BACKGROUND 2 This is a subrogation action arising out of damage to the property located at 5408 Granite 3 Grove Way, Granite Bay, CA 95746. Allstate filed its Complaint on January 31, 2022 against 4 Astra. (Decl. of AW, ¶ 2). 5 On January 23, 2024, Allstate served its Supplemental Requests for Production, Set One 6 on Astra, with a response deadline of February 23, 2024. (Decl. of AW, ¶ 3). A true and correct 7 copy of those requests is attached to the Declaration of Audrey Westerlund as Exhibit A and is 8 incorporated herein by reference. (Decl. of AW, ¶ 3) On February 23, 2024, the day responses 9 were due, Astra’s counsel called Allstate’s counsel after 3:00pm to request a two-week 10 extension. Allstate’s counsel declined to grant two-weeks advising the responses were necessary 11 for expert discovery but did grant a one-week extension, making Astra’s responses due March 12 4, 2024. (Decl. of AW, ¶ 4). On March 4, 2024, Astra’s counsel emailed Allstate’s counsel to 13 request another one-week extension. Allstate’s counsel reluctantly granted the extension, again 14 impressing the need for responses to complete expert discovery and making Astra’s responses 15 due March 11, 2024. (Decl. of AW, ¶ 5). On March 11, 2024, Astra served its Responses to 16 Allstate’s Supplemental Requests for Production, Set One, which responses contained more than 17 just objections, but failed to include a signed verification under oath. (Decl. of AW, ¶ 6). A true 18 and correct copy of the unverified responses to Allstate’s Requests for Production, Set Two is 19 attached to the Declaration of Audrey Westerlund as Exhibit B, and is incorporated herein by 20 reference. (Decl. of AW, ¶ 6). On March 12, 2024, Allstate’s counsel sent a formal written meet 21 and confer letter to Astra’s counsel notifying them of the failure to serve verified responses under 22 oath to Allstate’s Supplemental Requests for Production, Set One. A true and correct copy of the 23 meet and confer letter is attached to the Declaration of Audrey Westerlund as Exhibit C and is 24 incorporated herein by reference. (Decl. of AW, ¶ 8). After not receiving signed verification 25 under oath as to its Supplemental Requests for Production, Set One in response to Allstate’s meet 26 and confer letter, Allstate’s counsel followed-up with Astra’s counsel via phone and left a 27 voicemail with counsel on March 15, 2024 warning that Allstate’s deadline before it filed a 28 2 PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S SUPPLEMENTAL RESPONSE TO REQUESTS FOR PRODUCTION, SET ONE AND MONETARY SANCTIONS 1 motion is March 18, 2024, and Allstate would be forced to file that motion if the responses and 2 verification were not timely served. (Decl. of AW, ¶ 9). 3 As of the filing of this Motion, Astra has failed to timely serve verified responses to 4 Allstate’s Supplemental Requests for Production, Set One. (Decl. of AW, ¶ 11). 5 Accordingly, Allstate moves this Court for an order compelling Astra to serve verified 6 responses sworn under oath and free of objections to Allstate’s Supplemental Requests for 7 Production, Set One. Allstate further moves the Court for monetary sanctions against Astra in 8 the amount of $629.40 to be paid to Allstate as reimbursement for the reasonable expenses and 9 fees incurred in connection with this proceeding. (Decl. of AW, ¶ 12). 10 II. LEGAL ARGUMENT 11 A. Failure to Timely Serve Verified Responses Under Oath 12 Pursuant to Code of Civil Procedure § 2031.250(a): “The party to whom the demand for 13 inspection, copying, testing, or sampling is directed shall sign the response under oath, unless 14 the response contains only objections.” “Unsworn responses are tantamount to no response at 15 all.” Appleton v. Superior Court, (1988) 206 Cal.App.3d 632, 636. Pursuant to Code of Civil 16 Procedure § 2031.300(a), if a party to whom a demand for inspection, copying, testing, or 17 sampling has been directed fails to serve a timely response, that party thereby waives any 18 objection to the demands, including one based on privilege or on the protection for work product. 19 Additionally, if a party to whom Requests for Production have been directed fails to serve a 20 timely response, the requesting party may move for an order compelling response to the demand. 21 Code of Civil Procedure § 2031.300(b). It is a misuse of the discovery process to fail to respond 22 to an authorized method of discovery. Code of Civil Procedure § 2023.010(d). A motion to 23 compel responses for failure to provide responses is not subject to the same 45-day time limit or 24 meet and confer requirements of a motion to compel further responses, nor does the moving 25 party have to demonstrate good cause. Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare 26 Consultants, (2007) 148 Cal.App.4th 390, 404. 27 In the instant case, Allstate served its Supplemental Requests for Production, Set One on 28 Astra on January 23, 2024, with an agreed upon service deadline of February 23, 2024 with Astra 3 PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S SUPPLEMENTAL RESPONSE TO REQUESTS FOR PRODUCTION, SET ONE AND MONETARY SANCTIONS 1 ultimately serving their responses on March 11, 2024. Astra failed to serve verified responses 2 under oath, which is tantamount to not serving responses at all. While the Appleton case 3 specifically deals with requests for admission, the logic behind the decision carries over to all 4 written discovery. Without providing a sworn verification with Astra’s response to Allstate’s 5 supplemental requests for production, the information in those responses cannot be relied upon 6 to be true, accurate, and inclusive of all information available to the responding party. Astra has 7 failed to provide verified responses as of the filing of this Motion. 8 Astra has failed to timely serve verified responses under oath to Allstate’s Supplemental 9 Requests for Production, Set One. Pursuant to California law, Allstate moves the Court for an 10 order compelling Astra to serve verified responses under oath and free from objections to its 11 Supplemental Requests for Production, Set One. Allstate further requests the Court order Astra 12 to produce any documents previously withheld from production due to a claim of privilege or 13 work product protection, as such privilege/protection is waived based on Astra’s failure to timely 14 provide verified responses under oath. 15 B. Monetary Sanction for Failure to Respond 16 Allstate also moves the court to impose a monetary sanction on Astra. Allstate is entitled 17 to seek monetary sanctions pursuant to Code of Civil Procedure § 2031.300(c), which states: 18 “Except as provided in subdivision (d), the court shall impose a monetary sanction under Chapter 19 7 (commencing with Section 2023.010) against any party, person, or attorney who 20 unsuccessfully makes or opposes a motion to compel a response to a demand for inspection, 21 copying, testing, or sampling, unless it finds that the one subject to the sanction acted with 22 substantial justification or that other circumstances make the imposition of the sanction unjust.” 23 “If a party fails to serve a timely response, and the propounding party move for an obtains a court 24 order compelling a response, the trial court must impose a monetary sanction against the 25 delinquent party unless that party acted with ‘substantial justification’ or the sanction would 26 otherwise be unjust.” Sinaiko, supra 148 Cal.App.4th at 404 (emphasis added). 27 “The court may impose a monetary sanction ordering that one engaging in the misuse of 28 the discovery process, or any attorney advising that conduct, or both pay the reasonable 4 PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S SUPPLEMENTAL RESPONSE TO REQUESTS FOR PRODUCTION, SET ONE AND MONETARY SANCTIONS 1 expenses, including attorney's fees, incurred by anyone as a result of that conduct. . .” Code of 2 Civil Procedure § 2023.030(a). “If a monetary sanction is authorized by any provision of this 3 title, the court shall impose that sanction unless it finds that the one subject to the sanction acted 4 with substantial justification or that other circumstances make the imposition of the sanction 5 unjust.” California Code of Civil Procedure §2023.030(a); Ghanooni v. Super Shuttle (1993) 20 6 Cal. App. 4th 256, 260-261; 24 Cal. Rptr. 2d 501, 503-585. 7 The nature of the monetary sanction available under California Code of Civil Procedure 8 Section 2023.030(a) is similar to the awards that may be imposed under Code of Civil Procedure 9 Sections 473 and 1024, and serves a similar purpose, that is, to compensate for expenses 10 incurred; thus, the court may award a reasonable amount to compensate a party for his or her 11 expenses incurred and is not limited to the costs that might properly be taxed against the losing 12 party after the trial of the action. See Rosen v. Superior Court (1966) 244 Cal. App. 2d 586, 593- 13 596. The value of an attorney's services is a matter with which a judge must necessarily be 14 familiar. When the court is informed of the extent and nature of such services, its own experience 15 furnishes it with every element necessary to fix their value. Bacon v. Bacon (1948) 32 Cal. 2d 16 131, 143; Spencer v. Collins (1909) 156 Cal. 298, 307. 17 Astra has misused the discovery process by failing to timely serve verified responses 18 under oath to Allstate’s Supplemental Requests for Production, Set One. There is no legitimate 19 justification or circumstance for the failure to provide verified responses. Allstate is attempting to 20 narrow the issues and evaluate the merits of the case for trial. Therefore, Allstate requests the 21 Court impose monetary sanctions against Astra in the amount of $629.40. 22 III. CONCLUSION 23 For the above-stated reasons, Plaintiff Allstate Insurance Company respectfully requests 24 the Court issue an order compelling Defendant Astra Construction & Design’s verified response 25 under oath and free of objection to Allstate’s Supplemental Requests for Production, Set One. 26 Plaintiff Allstate Insurance Company further requests the Court impose monetary sanctions 27 against Defendant Astra Construction & Design in the amount of $629.40 for the reasonable 28 expenses and attorney fees incurred in connection with this proceeding. This Motion is made on 5 PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S SUPPLEMENTAL RESPONSE TO REQUESTS FOR PRODUCTION, SET ONE AND MONETARY SANCTIONS 1 the grounds that the Supplemental Requests For Production, Set One are relevant to the subject 2 matter of this action, and that Defendant Astra Construction & Design has failed to timely serve 3 verified responses under oath. 4 5 Dated: March 18, 2024 SCHROEDER LOSCOTOFF STEVENS LLP 6 7 8 By:________________________________ AMANDA R. STEVENS, ESQ. 9 AUDREY WESTERLUND, ESQ. Attorneys for Plaintiffs 10 Allstate Insurance Company 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S SUPPLEMENTAL RESPONSE TO REQUESTS FOR PRODUCTION, SET ONE AND MONETARY SANCTIONS 1 PROOF OF SERVICE 2 I am employed in the County of Yolo, State of California and am over the age of 18 and am not a party to the within entitled action. My business address is 502 Mace Boulevard, Suite 11, Davis, CA 3 95618. 4 On Monday, March 18, 2024, I served the foregoing document(s), PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS 5 AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE 6 TO SUPPLEMENTAL REQUESTS FOR PRODUCTION, SET ONE AND MONETARY SANCTIONS 7 to all interested parties, as listed on the attached service list, by placing a true and correct copy 8 thereof, through the means designated below: 9 [ ] FAX – by transmitting via facsimile the document(s) listed above to the fax number(s) set forth on the attached service list on this date before 5:00 p.m. (PST). 10 [X] ELECTRONIC TRANSMISSION - by e-mailing the document(s) to the person(s) at the e-mail 11 address(es) listed on the attached service list as, during the COVID-19 pandemic, the majority of this office will be working remotely and is therefore primarily using electronic mail. No electronic 12 message or other indication that the transmission was unsuccessful was received within a reasonable 13 time after the transmission. 14 [ ] MAIL – by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States Mail at Sacramento, California. [Courtesy Copy] 15 [ ] OVERNIGHT MAIL – by sending the document(s) listed above in a sealed overnight mail 16 envelope with the overnight mail company, , to the person(s) at the address(es) listed on the attached service list. 17 18 [ ] PERSONAL DELIVERY – by personally delivering the document(s) listed above to the person(s) at the address(es) set forth on the attached service list. 19 [ ] DELIVERY BY ANOTHER - by causing personal delivery by of 20 the document(s) listed above to the person(s) at the address(es) set forth on the attached service list. 21 22 I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day 23 with postage thereon fully prepaid at Sacramento, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or 24 postage meter date is more than one day after the date of deposit for mailing an affidavit. 25 I declare under penalty of perjury under the laws of the State of California that the above is true and correct and that this declaration was executed on Monday, March 18, 2024 at Sacramento, 26 California. 27 _________________________________ JADE NEACH 28 Allstate Insurance Company v. Astra Construction & Design 6784S-Coss 1 PROOF OF SERVICE 1 SERVICE LIST 2 Allstate Insurance Company v. Astra Construction & Design 3 6784S-Coss 4 William Kronenberg, Esq. 5 Flavio G.Z. Fonseca, Esq. KRONENBERG LAW PC 6 1 Kaiser Plaza, Suite 1675 7 Oakland, CA 94612-3699 Telephone: (510) 254-6767 8 Facsimile: (510) 788-4092 Email: wkronenberg@krolaw.com; 9 ffonseca@krolaw.com; 10 pyanes@krolaw.com 11 Counsel for Defendant ASTRA CONSTRUCTION & DESIGN 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 PROOF OF SERVICE 1 Amanda R. Stevens, Esq. (SBN 252350) astevens@calsubro.com 2 Audrey Westerlund, Esq. (SBN 324036) 3 awesterlund@calsubro.com SCHROEDER LOSCOTOFF STEVENS LLP 4 502 Mace Blvd, Suite 11 Davis, CA 95618 5 Telephone (916) 438-8300 6 Facsimile (916) 292-9174 7 Attorneys for Plaintiff 8 ALLSTATE INSURANCE COMPANY 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF PLACER 11 ALLSTATE INSURANCE COMPANY, ) Case No.: S-CV-0047953 12 ) Plaintiffs, ) 13 ) vs. ) DECLARATION OF AUDREY 14 ) WESTERLUND IN SUPPORT OF ASTRA CONSTRUCTION & DESIGN; and ) PLAINTIFF ALLSTATE INSURANCE 15 DOES 1-20, ) COMPANY’S MOTION FOR AN ) ORDER COMPELLING 16 Defendants. ) ) DEFENDANT ASTRA 17 ) CONSTRUCTION & DESIGN’S ) RESPONSE TO SUPPLEMENTAL 18 ) REQUEST FOR PRODUCTION OF ) DOCUMENTS, SET ONE AND 19 ) MONETARY SANCTIONS ) 20 ) Date: May 7, 2024 ) ) Time: 8:30 A.M. 21 Location: Department 42 ) 22 ) ) 23 ) ) 24 25 I, Audrey Westerlund, declare: 26 1. I am a duly licensed attorney with Schroeder Loscotoff Stevens LLP, attorneys of 27 record for Plaintiff Allstate Insurance Company (“Allstate”) in the above-captioned matter. I 28 1 DECLARATION OF AUDREY WESTERLUND IN SUPPORT OF PLAINTIFF ALLSTATE INSURANCE COMPANY’S MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND MONETARY SANCTIONS 1 have personal knowledge of the facts set forth herein and could and would competently testify to 2 the truth of the following matters if called as a witness. 3 2. On January 31, 2022, my office filed Allstate’s Complaint with this Court against 4 Astra Construction & Design (“Astra”). 5 3. On January 23, 2024, Allstate served its Supplemental Requests For Production of 6 Documents, Set One on Astra, with a response deadline of March 15, 2024. True and correct 7 copies of that request is attached hereto as Exhibit A and are incorporated herein by reference. 8 4. On February 23, 2024, Astra’s counsel requested a two-week extension, I declined, 9 advising their responses were necessary for expert discovery. I granted them a one-week 10 extension, making their responses due March 4, 2024. 11 5. On March 4, 2024, Astra’s counsel requested a one-week extension, making their 12 responses due March 11, 2024. 13 6. On March 11, 2024, Astra served its Responses to Allstate’s Supplemental 14 Requests For Production of Documents, Set One, which responses contained more than just 15 objections, but failed to include a signed verification under oath. A true and correct copy of those 16 responses is attached hereto as Exhibit B and are incorporated herein by reference. 17 7. On March 12, 2024, my office emailed and left a voicemail for Astra’s counsel 18 regarding the unverified responses. 19 8. On March 12, 2024, Amanda Stevens, Esq., sent a formal written meet and confer 20 letter to Astra’s counsel notifying them of their failure to serve verified responses under oath to 21 Allstate’s Supplemental Requests For Production of Documents, Set One. A true and correct copy 22 of that letter is attached hereto as Exhibit C and is incorporated herein by reference. 23 9. After not receiving a signed verification under oath in response to the meet and 24 confer letter, I followed-up with Astra’s counsel via voicemail on March 15, 2024, warning that 25 Allstate’s deadline before it filed a motion was March 18, 2024, and Allstate would be forced to 26 file that motion if the responses and verifications were not timely served. 27 10. Astra’s counsel called back and said he did not yet have signed verifications and 28 was unable to confirm when signed verifications would be provided. 2 DECLARATION OF AUDREY WESTERLUND IN SUPPORT OF PLAINTIFF ALLSTATE INSURANCE COMPANY’S MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND MONETARY SANCTIONS 1 11. As of the filing of Allstate’s Motion, Astra has failed to timely produce verified 2 responses to Allstate’s Supplemental Requests For Production of Documents, Set One. 3 12. As a result of Astra’s failure to provide verified responses under oath, Allstate has 4 incurred and will incur reasonable costs and attorneys’ fees in connection with this Motion and 5 the hearing thereon, totaling $629.40, which consists of the following: 6 • Motion Fee : $60.00 7 • eFiling Charge : $14.95 8 • Convenience Fee : $1.95 9 • Vcourt Remote Appearance : $27.50 10 • Motion Preparation – 1.5 hours : $525.00 11 • Attorney Fees at $350.00 per hour 12 • Hearing Argument - 0.5 hours : $0.00 13 • Attorney Fees at $350.00 per hour 14 • Cost covered by other concurrently filed/heard Motion 15 TOTAL : $629.40 16 17 18 I declare under the penalty of perjury under the laws of the State of California that the 19 foregoing is true and correct. Executed on March 18, 2024 at Sacramento, California. 20 _______________________________ 21 Audrey Westerlund 22 23 24 25 26 27 28 3 DECLARATION OF AUDREY WESTERLUND IN SUPPORT OF PLAINTIFF ALLSTATE INSURANCE COMPANY’S MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE AND MONETARY SANCTIONS EXHIBIT A 1 Amanda R. Stevens, Esq. (SBN 252350) astevens@calsubro.com 2 Nicole Vales, Esq. (SBN 328338) 3 nvales@calsubro.com SCHROEDER LOSCOTOFF STEVENS LLP 4 502 Mace Blvd, Suite 11 Davis, CA 95618 5 Telephone (916) 438-8300 6 Facsimile (916) 292-9174 7 Attorneys for Plaintiff ALLSTATE INSURANCE COMPANY 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 10 FOR THE COUNTY OF PLACER 11 ALLSTATE INSURANCE COMPANY, ) Case No.: S – CV- 0047953 ) 12 Plaintiff, ) 13 ) PLAINTIFF ALLSTATE v. ) INSURANCE COMPANY’S 14 ) SUPPLEMENTAL REQUESTS ASTRA CONSTRUCTION & DESIGN; ) FOR PRODUCTION TO 15 and DOES 1 to 20, ) DEFENDANT ASTRA ) CONSTRUCTION & DESIGN, 16 Defendants. ) SET ONE 17 18 PROPOUNDING PARTY : ALLSTATE INSURANCE COMPANY 19 RESPONDING PARTY : ASTRA CONSTRUCTION & DESIGN 20 SET NO. : ONE 21 Plaintiff ALLSTATE INSURANCE COMPANY hereby requests that Defendant 22 ASTRA CONSTRUCTION & DESIGN, pursuant to CCP §§2031.010 and 2031.050, 23 propound a supplemental request for production and inspection of documents and things 24 requesting any later acquired information bearing on all request for production/inspection 25 responses previously made by you in this matter. 26 In answering this Supplemental Request for Production of Documents, furnish all 27 documents which are available to you, including documents in the possession of your attorney 28 1 PLAINTIFF ALLSTATE INSURANCE COMPANY’S SUPPLEMENTAL REQUESTS FOR PRODUCTION TO DEFENDANT ASTRA CONSTRUCTION & DESIGN, SET ONE 1 or investigators for your attorney, and not merely such documents within your personal 2 possession. 3 If you cannot provide certain documents, after exercising due diligence to secure 4 possession of the documents, so state, and specify the reason for your inability to provide 5 certain requested documents and provide the remainder of the requested documents as 6 demanded. 7 DEFINITIONS 8 1. “YOU, “YOUR” or “YOURS” includes Defendant ASTRA CONSTRUCTION & 9 DESIGN and its agents, employees, insurance companies, attorneys, accountants, investigators 10 and anyone else acting on its behalf. 11 SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS 12 1. Please review YOUR responses to Plaintiff ALLSTATE INSURANCE 13 COMPANY’S Request for Production of Documents previously served on YOU in this action 14 and update YOUR responses by providing all additional documents that are responsive to the 15 Request for Production of Documents, including all documents not previously produced by YOU. 16 If no additional documents exist, please so state. 17 18 Dated: January 23, 2024 SCHROEDER LOSCOTOFF STEVENS LLP 19 20 21 By: AMANDA R. STEVENS, ESQ. 22 NICOLE VALES, ESQ. Attorneys for Plaintiff 23 ALLSTATE INSURANCE COMPANY 24 25 26 27 28 2 PLAINTIFF ALLSTATE INSURANCE COMPANY’S SUPPLEMENTAL REQUESTS FOR PRODUCTION TO DEFENDANT ASTRA CONSTRUCTION & DESIGN, SET ONE 1 PROOF OF SERVICE 2 I am employed in the County of Yolo, State of California and am over the age of 18 and am not a party to the within entitled action. My business address is 502 Mace Boulevard, Suite 11, Davis, CA 3 95618. 4 On Tuesday, January 23, 2024, I served the foregoing document(s), 5 PLAINTIFF ALLSTATE INSURANCE COMPANY’S SUPPLEMENTAL REQUESTS FOR PRODUCTION TO DEFENDANT ASTRA CONSTRUCTION & DESIGN, SET 6 ONE & PROPOSED ORDER 7 to all interested parties, as listed on the attached service list, by placing a true and correct copy thereof, through the means designated below: 8 [ ] FAX – by transmitting via facsimile the document(s) listed above to the fax number(s) set forth on 9 the attached service list on this date before 5:00 p.m. (PST). 10 [X] ELECTRONIC TRANSMISSION - by e-mailing the document(s) to the person(s) at the e-mail 11 address(es) listed on the attached service list as, during the COVID-19 pandemic, the majority of this office will be working remotely and is therefore primarily using electronic mail. No electronic 12 message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. 13 [ ] MAIL – by placing the document(s) listed above in a sealed envelope with postage thereon fully 14 prepaid, in the United States Mail at Sacramento, California. [Courtesy Copy] 15 [ ] OVERNIGHT MAIL – by sending the document(s) listed above in a sealed overnight mail 16 envelope with the overnight mail company, , to the person(s) at the address(es) listed on the attached service list. 17 [ ] PERSONAL DELIVERY – by personally delivering the document(s) listed above to the person(s) 18 at the address(es) set forth on the attached service list. 19 [ ] DELIVERY BY ANOTHER - by causing personal delivery by of the document(s) listed above to the person(s) at the address(es) set forth on the attached service 20 list. 21 I am "readily familiar" with the firm's practice of collection and processing correspondence 22 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Sacramento, California, in the ordinary course of business. I am 23 aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after the date of deposit for mailing an affidavit. 24 25 I declare under penalty of perjury under the laws of the State of California that the above is true and correct and that this declaration was executed on Tuesday, January 23, 2024 at Sacramento, 26 California. 27 _________________________________ ALEXANDRA CASTRO 28 Allstate Insurance Company v. Astra Construction & Design 6784S-Coss 1 PROOF OF SERVICE 1 SERVICE LIST 2 Allstate Insurance Company v. Astra Construction & Design 6784S-Coss 3 4 William Kronenberg, Esq. Dominc Ripoli, Esq. 5 KRONENBERG LAW PC 1 Kaiser Plaza, Suite 1675 6 Oakland, CA 94612-3699 7 Telephone: (510) 254-6767 Facsimile: (510) 788-4092 8 Email: wkronenberg@krolaw.com; dripoli@krolaw.com; 9 amarion@krolaw.com 10 Counsel for Defendant ASTRA 11 CO