Preview
DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47
DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47
DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47
DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47
22
DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47
Exhibit A
DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47
3/13/24, 4:04 PM Gmail - RE: Objections to Request for Production of Documents
Excellent Legal
RE: Objections to Request for Production of Documents
Excellent Legal Fri, Feb 9, 2024 at 1:22 PM
To: Ralph Guenther
Cc: Levini Assistant , Laura Galvan
Bcc: Eric Nelson
Ralph,
In January 2022, I began asking you for any documenta on of Ms. Clements allega ons. You sent me several documents that were not evidence of the
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allega ons. You led a Complaint with no exhibits. You led a Media on Brief with no exhibits. Most recently, we sent a Request for Produc on on December
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27, 2023. We made it especially easy for you by providing the Word document, so your o ce did not even have to type the responses. Pursuant to CCP
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2031.280 the responses were due on or before January 26, 2024. You failed to produce even a single document within the required produc on me or
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request an extension. A week later, you sent a request for an extension and later that same day sent an objec on; Both ac ons in viola on of this civil code’s
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deadline.
Another week has passed, and you s ll have not delivered a single document. It has been over 2 years that we have been reques ng any evidence and you
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have not produced a single document. We will extend the deadline for another week un l February 16, if and only if you start producing the documents.
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Please con rm that you will produce documents within the next week.
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Addi onally, you have requested to depose Mr. Roubal. It will not be possible to prepare Mr. Roubal for a deposi on un l we have received and analyzed the
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documents that substan ate Ms. Clement’s allega ons. A er we have those documents, we will discuss the date, me and place for deposi ons of par es
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and non-par es.
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Pursuant to CCP 2031.270(c), you must expressly con rm, in wri ng, an email being su cient, your agreement to this extension for delivery of the
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documents.
Best,
Jenifer
[Quoted text hidden]
[Quoted text hidden]
https://mail.google.com/mail/u/0/?ik=0377ff3376&view=pt&search=all&permmsgid=msg-a:r3730607296018809024&simpl=msg-a:r3730607296018809024 1/1
DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47
Exhibit B
Levini Law
DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47
Levini Law, A Professional Corporation
www.Levini.com • Excellentlegal@gmail.com
(831) 708-9474 • (707) 479-3557 • (619) 432-0320
March 1, 2024
Via email only
Ralph Phillip Guenther
Guenther Law Group PLC
1000 Pajaro St, Ste C, Salinas, CA 93901-3060
rguenther@guentherlawgroup.com
Re : KATHRYN CLEMENTS v RYAN ROUBAL et al.
Dear Ralph:
I am in receipt of your client’s response and production of documents to Defendant’s JOHN
and DONNA COMELLI’S REQUEST FOR THE PRODUCTION OF DOCUMENTS
UPON KATHRYN CLEMENTS in the above entitled case. I would like to schedule a
meeting with you regarding your response and production. I am available on the following
dates and times to meet and confer: Monday March 4 th or Wednesday March 6 at 11 am, 12 pm,
or 1 pm.
PLAINTIFF’S response to the Request for Production of Documents is incomplete as
PLAINTIFF’S response is qualified and not in compliance with Code of Civil Procedure section
2031.220 which states:
A statement that the party to whom a demand for inspection,
copying, testing, or sampling has been directed will comply with
the particular demand shall state that the production, inspection,
copying, testing, or sampling, and related activity demanded, will
be allowed either in whole or in part, and that all documents or
things in the demanded category that are in the possession, custody,
or control of that party and to which no objection is being made
will be included in the production.
(Code Civ. Proc., § 2031.220.)
PLAINTIFF’S response to the Request for Production of Documents is incomplete as the
response is not in compliance with Code of Civil Procedure section 2031.230 which states:
A representation of inability to comply with the particular demand
for inspection, copying, testing, or sampling shall affirm that a
diligent search and a reasonable inquiry has been made in an effort
to comply with that demand. This statement shall also specify
whether the inability to comply is because the particular item or
category has never existed, has been destroyed, has been lost,
misplaced, or stolen, or has never been, or is no longer, in the
possession, custody, or control of the responding party. The
statement shall set forth the name and address of any natural person
or organization known or believed by that party to have possession,
custody, or control of that item or category of item.
DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47
(Code Civ. Proc., 2031.230.)
PLAINTIFF’S response to the Request for Production of Documents is incomplete as
PLAINTIFF has failed to provide a privilege log in compliance with Code of Civil Procedure
section 2031.240 which reads in pertinent part as follows:
(b) If the responding party objects to the demand for inspection,
copying, testing, or sampling of an item or category of item, the
response shall do both of the following:
(1) Identify with particularity any document, tangible thing, land, or
electronically stored information falling within any category of
item in the demand to which an objection is being made.
(2) Set forth clearly the extent of, and the specific ground for, the
objection. If an objection is based on a claim of privilege, the
particular privilege invoked shall be stated. If an objection is based
on a claim that the information sought is protected work product
under Chapter 4 (commencing with Section 2018.010), that claim
shall be expressly asserted.
(c)(1) If an objection is based on a claim of privilege or a claim that
the information sought is protected work product, the response shall
provide sufficient factual information for other parties to evaluate
the merits of that claim, including, if necessary, a privilege log.
(2) It is the intent of the Legislature to codify the concept of a
privilege log as that term is used in California case law. Nothing in
this subdivision shall be construed to constitute a substantive
change in case law.
(Code Civ. Proc., § 2031.240.)
As to the specific objections and production, we have the following concerns:
We are also requesting that you agree to allow an additional 14 days to bring a motion to compel
further responses and production of documents. That will give us ample time to meet and confer
on the requests that are in issue. If you are amenable, please sign below and return a copy to me.
Please advise me no later than March 2, 2024, on how you would like to proceed. If I do not hear
from you, we will assume that we will need to bring a motion to compel further responses and
production of documents.
Thank you for your anticipated cooperation. I look forward to working with you in resolving
these issues.
Very truly yours,
Jenifer Levini
Attorney for Defendants, John and Donna Comelli
2
DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47
Agreement to Extend Time to File Motion to Compel Further Responses
PLAINTIFF agrees to extend the time by 14 days to March 15 for DEFENDANT to bring a
Motion to Compel further responses to DEFENDANT’S Request for Production of Documents,
Set #1 pursuant to Code of Civil Procedure section 2031.310.
Dated: ________________________ _____________________________________
Ralph Phillip Guenther
Attorney for PLAINTIFF, KATHRYN
CLEMENTS
3
DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47
Exhibit C
Levini Law
DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47
Levini Law, A Professional Corporation
www.Levini.com • Excellentlegal@gmail.com
(831) 708-9474 • (707) 479-3557 • (619) 432-0320
March 4, 2024
Via email only
Ralph Phillip Guenther
Guenther Law Group PLC
1000 Pajaro St, Ste C, Salinas, CA 93901-3060
rguenther@guentherlawgroup.com
Re : KATHRYN CLEMENTS v RYAN ROUBAL et al.
Dear Ralph:
This letter documents our second Meet-and-Confer meeting regarding your client’s incomplete
responses and production of documents in violation of Code of Civil Procedure section
2031.230. The Request for Production of Documents was served on your client on 12/21/2023.
The response was due in 30 days, on 1/20/2024. On January 30, 2024, you requested more time.
On 2/9/2024, I extended the deadline until 2/16/2024. On 2/26/2024, you delivered incomplete
responses to some requests, objected without clearly set forth the extent of the objection or
providing sufficient factual information explaining the objection to some requests, and
completely failed to respond to other requests. I requested that we meet and confer, again, on
3/1/2024. Today, 3/4/2024, we met for 2 hours.
In our conversation, today, we went through the exact requisites of all 97 requests with which
your client did not comply. You admitted that there are some documents that do not exist even
though your complaint alleges their existence. You admitted that she did not conduct a diligent
search, nor a reasonable inquiry into obtaining many of the documents that were due six weeks
ago. You indicated that there are some documents and communications that she will not provide
even though they are in her possession, custody, or control. And, you said you will follow up
with her to attempt to get many of the required documents.
CCP2031.240 requires that if she objects to delivering any document or electronically stored
information (including text messages) she must identify each exact document or information
with particularity and clearly set forth the extent of the objection providing sufficient factual
information for the other party to evaluate the merits of the claim for objection, and she must
provide a privilege log.
I requested that all missing information be delivered to us within one week. You did not agree to
this request, saying that you will let me know when you will deliver in the next day or two.
My letter of March 1st, asked you to agree to extend the time to bring a Motion to Compel. You
did not agree to this extension. Thus, you have placed us in the position that we must file a
Motion to Compel and Request for Sanctions, unless you agree to this extension. Below is my
final request for this extension. If you agree, please sign and return it within 24 hours.
Additionally, I am expecting an answer with an exact delivery date documents within 48 hours.
DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47
Thank you for your anticipated cooperation. I look forward to working with you in resolving
these issues.
Very truly yours,
Jenifer Levini
Attorney for DEFENDANTS, John and Donna Comelli
Agreement to Extend Time to File Motion to Compel Further Responses
PLAINTIFF agrees to extend the time to bring a Motion to Compel further responses to
DEFENDANT’S Request for Production of Documents, Set #1 pursuant to Code of Civil
Procedure section 2031.310 until 21 days after Plaintiff delivers all responses and documents to
DEFENDANTS.
Dated: ________________________ _____________________________________
Ralph Phillip Guenther
Attorney for PLAINTIFF, KATHRYN
CLEMENTS
2
DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47
3/22/2024
3/22/2024
Preview
DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47 DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47 DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47 DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47 22 DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47 Exhibit A DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47 3/13/24, 4:04 PM Gmail - RE: Objections to Request for Production of Documents Excellent Legal RE: Objections to Request for Production of Documents Excellent Legal Fri, Feb 9, 2024 at 1:22 PM To: Ralph Guenther Cc: Levini Assistant , Laura Galvan Bcc: Eric Nelson Ralph, In January 2022, I began asking you for any documenta on of Ms. Clements allega ons. You sent me several documents that were not evidence of the ti ti allega ons. You led a Complaint with no exhibits. You led a Media on Brief with no exhibits. Most recently, we sent a Request for Produc on on December ti fi fi ti ti 27, 2023. We made it especially easy for you by providing the Word document, so your o ce did not even have to type the responses. Pursuant to CCP ffi 2031.280 the responses were due on or before January 26, 2024. You failed to produce even a single document within the required produc on me or ti ti request an extension. A week later, you sent a request for an extension and later that same day sent an objec on; Both ac ons in viola on of this civil code’s ti ti ti deadline. Another week has passed, and you s ll have not delivered a single document. It has been over 2 years that we have been reques ng any evidence and you ti ti have not produced a single document. We will extend the deadline for another week un l February 16, if and only if you start producing the documents. ti Please con rm that you will produce documents within the next week. fi Addi onally, you have requested to depose Mr. Roubal. It will not be possible to prepare Mr. Roubal for a deposi on un l we have received and analyzed the ti ti ti documents that substan ate Ms. Clement’s allega ons. A er we have those documents, we will discuss the date, me and place for deposi ons of par es ti ti ft ti ti ti and non-par es. ti Pursuant to CCP 2031.270(c), you must expressly con rm, in wri ng, an email being su cient, your agreement to this extension for delivery of the fi ti ffi documents. Best, Jenifer [Quoted text hidden] [Quoted text hidden] https://mail.google.com/mail/u/0/?ik=0377ff3376&view=pt&search=all&permmsgid=msg-a:r3730607296018809024&simpl=msg-a:r3730607296018809024 1/1 DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47 Exhibit B Levini Law DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47 Levini Law, A Professional Corporation www.Levini.com • Excellentlegal@gmail.com (831) 708-9474 • (707) 479-3557 • (619) 432-0320 March 1, 2024 Via email only Ralph Phillip Guenther Guenther Law Group PLC 1000 Pajaro St, Ste C, Salinas, CA 93901-3060 rguenther@guentherlawgroup.com Re : KATHRYN CLEMENTS v RYAN ROUBAL et al. Dear Ralph: I am in receipt of your client’s response and production of documents to Defendant’s JOHN and DONNA COMELLI’S REQUEST FOR THE PRODUCTION OF DOCUMENTS UPON KATHRYN CLEMENTS in the above entitled case. I would like to schedule a meeting with you regarding your response and production. I am available on the following dates and times to meet and confer: Monday March 4 th or Wednesday March 6 at 11 am, 12 pm, or 1 pm. PLAINTIFF’S response to the Request for Production of Documents is incomplete as PLAINTIFF’S response is qualified and not in compliance with Code of Civil Procedure section 2031.220 which states: A statement that the party to whom a demand for inspection, copying, testing, or sampling has been directed will comply with the particular demand shall state that the production, inspection, copying, testing, or sampling, and related activity demanded, will be allowed either in whole or in part, and that all documents or things in the demanded category that are in the possession, custody, or control of that party and to which no objection is being made will be included in the production. (Code Civ. Proc., § 2031.220.) PLAINTIFF’S response to the Request for Production of Documents is incomplete as the response is not in compliance with Code of Civil Procedure section 2031.230 which states: A representation of inability to comply with the particular demand for inspection, copying, testing, or sampling shall affirm that a diligent search and a reasonable inquiry has been made in an effort to comply with that demand. This statement shall also specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party. The statement shall set forth the name and address of any natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item. DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47 (Code Civ. Proc., 2031.230.) PLAINTIFF’S response to the Request for Production of Documents is incomplete as PLAINTIFF has failed to provide a privilege log in compliance with Code of Civil Procedure section 2031.240 which reads in pertinent part as follows: (b) If the responding party objects to the demand for inspection, copying, testing, or sampling of an item or category of item, the response shall do both of the following: (1) Identify with particularity any document, tangible thing, land, or electronically stored information falling within any category of item in the demand to which an objection is being made. (2) Set forth clearly the extent of, and the specific ground for, the objection. If an objection is based on a claim of privilege, the particular privilege invoked shall be stated. If an objection is based on a claim that the information sought is protected work product under Chapter 4 (commencing with Section 2018.010), that claim shall be expressly asserted. (c)(1) If an objection is based on a claim of privilege or a claim that the information sought is protected work product, the response shall provide sufficient factual information for other parties to evaluate the merits of that claim, including, if necessary, a privilege log. (2) It is the intent of the Legislature to codify the concept of a privilege log as that term is used in California case law. Nothing in this subdivision shall be construed to constitute a substantive change in case law. (Code Civ. Proc., § 2031.240.) As to the specific objections and production, we have the following concerns: We are also requesting that you agree to allow an additional 14 days to bring a motion to compel further responses and production of documents. That will give us ample time to meet and confer on the requests that are in issue. If you are amenable, please sign below and return a copy to me. Please advise me no later than March 2, 2024, on how you would like to proceed. If I do not hear from you, we will assume that we will need to bring a motion to compel further responses and production of documents. Thank you for your anticipated cooperation. I look forward to working with you in resolving these issues. Very truly yours, Jenifer Levini Attorney for Defendants, John and Donna Comelli 2 DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47 Agreement to Extend Time to File Motion to Compel Further Responses PLAINTIFF agrees to extend the time by 14 days to March 15 for DEFENDANT to bring a Motion to Compel further responses to DEFENDANT’S Request for Production of Documents, Set #1 pursuant to Code of Civil Procedure section 2031.310. Dated: ________________________ _____________________________________ Ralph Phillip Guenther Attorney for PLAINTIFF, KATHRYN CLEMENTS 3 DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47 Exhibit C Levini Law DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47 Levini Law, A Professional Corporation www.Levini.com • Excellentlegal@gmail.com (831) 708-9474 • (707) 479-3557 • (619) 432-0320 March 4, 2024 Via email only Ralph Phillip Guenther Guenther Law Group PLC 1000 Pajaro St, Ste C, Salinas, CA 93901-3060 rguenther@guentherlawgroup.com Re : KATHRYN CLEMENTS v RYAN ROUBAL et al. Dear Ralph: This letter documents our second Meet-and-Confer meeting regarding your client’s incomplete responses and production of documents in violation of Code of Civil Procedure section 2031.230. The Request for Production of Documents was served on your client on 12/21/2023. The response was due in 30 days, on 1/20/2024. On January 30, 2024, you requested more time. On 2/9/2024, I extended the deadline until 2/16/2024. On 2/26/2024, you delivered incomplete responses to some requests, objected without clearly set forth the extent of the objection or providing sufficient factual information explaining the objection to some requests, and completely failed to respond to other requests. I requested that we meet and confer, again, on 3/1/2024. Today, 3/4/2024, we met for 2 hours. In our conversation, today, we went through the exact requisites of all 97 requests with which your client did not comply. You admitted that there are some documents that do not exist even though your complaint alleges their existence. You admitted that she did not conduct a diligent search, nor a reasonable inquiry into obtaining many of the documents that were due six weeks ago. You indicated that there are some documents and communications that she will not provide even though they are in her possession, custody, or control. And, you said you will follow up with her to attempt to get many of the required documents. CCP2031.240 requires that if she objects to delivering any document or electronically stored information (including text messages) she must identify each exact document or information with particularity and clearly set forth the extent of the objection providing sufficient factual information for the other party to evaluate the merits of the claim for objection, and she must provide a privilege log. I requested that all missing information be delivered to us within one week. You did not agree to this request, saying that you will let me know when you will deliver in the next day or two. My letter of March 1st, asked you to agree to extend the time to bring a Motion to Compel. You did not agree to this extension. Thus, you have placed us in the position that we must file a Motion to Compel and Request for Sanctions, unless you agree to this extension. Below is my final request for this extension. If you agree, please sign and return it within 24 hours. Additionally, I am expecting an answer with an exact delivery date documents within 48 hours. DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47 Thank you for your anticipated cooperation. I look forward to working with you in resolving these issues. Very truly yours, Jenifer Levini Attorney for DEFENDANTS, John and Donna Comelli Agreement to Extend Time to File Motion to Compel Further Responses PLAINTIFF agrees to extend the time to bring a Motion to Compel further responses to DEFENDANT’S Request for Production of Documents, Set #1 pursuant to Code of Civil Procedure section 2031.310 until 21 days after Plaintiff delivers all responses and documents to DEFENDANTS. Dated: ________________________ _____________________________________ Ralph Phillip Guenther Attorney for PLAINTIFF, KATHRYN CLEMENTS 2 DocuSign Envelope ID: 315CB850-73E0-4111-96E2-8F9BE6F5CE47 3/22/2024 3/22/2024