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1 GATES EISENHART DAWSON
James L. Dawson (SBN 73521)
2 Marc A. Eisenhart (SBN 188518)
125 South Market Street, Suite 1200
3 San Jose, California 95113-2288
Telephone: (408) 288-8100
4 Fax: (408) 288-9409
E-mail: jld@gedlaw.com; mae@gedlaw.com
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6 Attorneys for Plaintiff
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SUPERIOR COURT OF CALIFORNIA
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MONTEREY COUNTY, UNLIMITED JURISDICTION
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CASTRO PROPERTY RENTALS LLC, a Case No: 23CV002199
11 California Limited Liability Company,
DECLARATION OF JAMES DAWSON IN
12 Plaintiff,
SUPPORT OF
1. MOTION TO COMPEL FURTHER
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vs. RESPONSES FROM SIMON
14 JAVAHERI ON REQUESTS FOR
INSPECTION, REQUESTS FOR
15 SIMON JAVAHERI, LEXINGTON WAY ADMISSION, SPECIAL
LLC, a California Limited Liability Company, INTERROGATORIES, AND FORM
16 INTERROGATORIES
Oakdale Management Company LLC, a
17 California Limited Liability Company, 2. MOTION TO COMPEL FURTHER
GRUPO FLOR LEASING III LLC, a RESPONSES FROM LEXINGTON
18 California Limited Liability Company, and WAY LLC ON REQUESTS FOR
Does 1 through 50 inclusive, INSPECTION, REQUESTS FOR
19 ADMISSION, SPECIAL
Defendants
20 INTERROGATORIES, AND FORM
INTERROGATORIES
21 3. MOTION TO COMPEL FURTHER
RESPONSES FROM OAKDALE
22 MANAGEMENT COMPANY LLC ON
23 REQUESTS FOR INSPECTION,
REQUESTS FOR ADMISSION,
24 SPECIAL INTERROGATORIES, AND
FORM INTERROGATORIES
25
26 Date: June 14, 2024
Time: 8:30 A.M.
27 Dept.: 14
Judge: Hon. Carrie Panetta
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Dawson Decl. ISO Motions to Compel Further Responses Case No. 23CV002199
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1 I, JAMES DAWSON, hereby declare as follows:
2 1. I am the lead attorney for Plaintiff on this matter. I have personal knowledge of
3 the facts declared herein, and could and would testify competently to them if called to do so.
4
5 Plaintiff serves discovery responses on the Javaheri Defendants.
6 2. After the Defendants filed their first demurrer to the original complaint, on
7 November 6, 2023, our office served discovery requests on Javaheri Defendants (Simon
8 Javaheri, Oakdale Management Company LLC, and Lexington Way LLC). Attached as Exhibit
9 1 is a true and correct copy, dated November 6, 2023, of the request for inspection, set one, for
10 Simon Javaheri.
11 3. Attached as Exhibit 2 is a true and correct copy, dated November 6, 2023, of the
12 request for inspection, set two, for Simon Javaheri.
13 4. Attached as Exhibit 3 is a true and correct copy, dated November 6, 2023, of the
14 request for admission, set one, for Simon Javaheri.
15 5. Attached as Exhibit 4 is a true and correct copy, dated November 6, 2023, of the
16 special interrogatories, set one, for Simon Javaheri.
17 6. Attached as Exhibit 5 is a true and correct copy, served November 6, 2023, of
18 the form interrogatories, set one, for Simon Javaheri.
19 7. Attached as Exhibit 6 is a true and correct copy, dated November 6, 2023, of the
20 request for inspection, set one, for Oakdale Management Company LLC.
21 8. Attached as Exhibit 7 is a true and correct copy, dated November 6, 2023, of the
22 request for inspection, set two, for Oakdale Management Company LLC.
23 9. Attached as Exhibit 8 is a true and correct copy, dated November 6, 2023, of the
24 request for admission, set one, for Oakdale Management Company LLC.
25 10. Attached as Exhibit 9 is a true and correct copy, dated November 6, 2023, of the
26 special interrogatories, set one, for Oakdale Management Company LLC.
27 11. Attached as Exhibit 10 is a true and correct copy, served November 6, 2023, of
28 the form interrogatories, set one, for Oakdale Management Company LLC.
Dawson Decl. ISO Motions to Compel Further Responses Case No. 23CV002199
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1 12. Attached as Exhibit 11 is a true and correct copy, dated November 6, 2023, of
2 the request for inspection, set one, for Lexington Way LLC.
3 13. Attached as Exhibit 12 is a true and correct copy, dated November 6, 2023, of
4 the request for inspection, set two, for Lexington Way LLC.
5 14. Attached as Exhibit 13 is a true and correct copy, dated November 6, 2023, of
6 the request for admission, set one, for Lexington Way LLC.
7 15. Attached as Exhibit 14 is a true and correct copy, dated November 6, 2023, of
8 the special interrogatories, set one, for Lexington Way LLC.
9 16. Attached as Exhibit 15 is a true and correct copy, served November 6, 2023, of
10 the form interrogatories, set one, for Lexington Way LLC.
11
12 The Javaheri Defendants serve only objections to the discovery responses, mainly that
13 there is a pending pleading motion and that they believe the case belongs in arbitration.
14 17. On December 8, 2023, the Javaheri Defendants served by mail responses to the
15 discovery request. Attached as Exhibit 16 is a true and correct copy of Simon Javaheri’s
16 Response to Request for Inspection, Set One.
17 18. Attached as Exhibit 17 is a true and correct copy of Simon Javaheri’s Response
18 to Request for Inspection, Set Two.
19 19. Attached as Exhibit 18 is a true and correct copy of Simon Javaheri’s Response
20 to Request for Admission, Set One.
21 20. Attached as Exhibit 19 is a true and correct copy of Simon Javaheri’s Response
22 to Special Interrogatories, Set One.
23 21. Attached as Exhibit 20 is a true and correct copy of Simon Javaheri’s Response
24 to Form Interrogatories, Set One.
25 22. Attached as Exhibit 21 is a true and correct copy of Oakdale Management
26 Company LLC’s Response to Request for Inspection, Set One.
27 23. Attached as Exhibit 22 is a true and correct copy of Oakdale Management
28 Company LLC’s Response to Request for Inspection, Set Two.
Dawson Decl. ISO Motions to Compel Further Responses Case No. 23CV002199
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1 24. Attached as Exhibit 23 is a true and correct copy of Oakdale Management
2 Company LLC’s Response to Request for Admission, Set One.
3 25. Attached as Exhibit 24 is a true and correct copy of Oakdale Management
4 Company LLC’s Response to Special Interrogatories, Set One.
5 26. Attached as Exhibit 25 is a true and correct copy of Oakdale Management
6 Company LLC’s Response to Form Interrogatories, Set One.
7 27. Attached as Exhibit 26 is a true and correct copy of Lexington Way LLC’s
8 Response to Request for Inspection, Set One.
9 28. Attached as Exhibit 27 is a true and correct copy of Lexington Way LLC’s
10 Response to Request for Inspection, Set Two.
11 29. Attached as Exhibit 28 is a true and correct copy of Lexington Way LLC’s
12 Response to Request for Admission, Set One.
13 30. Attached as Exhibit 29 is a true and correct copy of Lexington Way LLC’s
14 Response to Special Interrogatories, Set One.
15 31. Attached as Exhibit 30 is a true and correct copy of Lexington Way LLC’s
16 Response to Form Interrogatories, Set One.
17
18 Plaintiff tries to meet and confer multiple times, but the Javaheri Defendants refuse to
19 produce any information.
20 32. Given the blanket objections to Plaintiff’s discovery requests, our office met and
21 conferred with the Javaheri Defendants. First, on December 18, 2023, our office sent a letter to
22 the Javaheri Defendants’ counsel. Attached as Exhibit 31 is a true and correct copy of that
23 letter.
24 33. Later, our office had a phone conference with the Javaheri Defendants’ counsel
25 to discuss the discovery requests. That phone conference occurred on January 11, 2024, and was
26 between Steven McLellan for Plaintiff and Brendan Macaulay for the Javaheri Defendants.
27 34. The parties agreed to extend the deadline to bring a motion to compel to February
28 20, 2024, after the hearing for the demurrer. Afterwards, on February 12, 2024, our office sent
Dawson Decl. ISO Motions to Compel Further Responses Case No. 23CV002199
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1 further correspondence requesting what the Javaheri Defendants would be willing to produce, and
2 trying to limit the discovery. The Javaheri Defendants refused, stating “the discovery you
3 propounded goes far beyond the Rule 26-type exchange contemplated by the JAMS rule you
4 listed, setting aside the cost/expense of responding to myriad discovery requests. Moreover, you
5 have already argued that Defendants waived their right to arbitrate just by filing a responsive
6 pleading. Engaging in discovery would only provide additional fodder for that argument. There
7 are other reasons not to go down this path – including duplication of effort as additional parties
8 enter the litigation or arbitration.” In response, our office said “it sounds as though you are simply
9 not going to produce anything, or even offer something as part of a compromise in the meet and
10 confer process, even if it were what you were to consider the basic Rule 26 exchange. Your
11 position is essentially forcing us to bring this to the Court’s attention, which we would rather
12 avoid. Please let us know if you are willing to offer something in regards to producing discovery—
13 I’ve asked what you would propose in my last email.” Attached as Exhibit 32 is a true and correct
14 copy of the email exchange for this.
15 35. Despite these attempts to meet and confer, the Javaheri Defendants have not
16 provided updated responses.
17
18 The parties extend the deadline to bring a motion to compel to March 27, 2024
19 36. As discussed above, the parties initially extended the deadline to February 20,
20 2024. The attached Exhibit 32 reflects that agreement. Additionally, the parties further agreed
21 to extend the deadline to March 20, 2024. The attached Exhibit 32 also reflects that agreement.
22 37. On March 19, 2024, the parties agreed to extend the deadline to file the motion to
23 compel to March 27, 2024. Attached as Exhibit 33 is a true and correct copy of the email
24 reflecting that agreement.
25
26 //
27 //
28 //
Dawson Decl. ISO Motions to Compel Further Responses Case No. 23CV002199
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1 I declare under penalty of perjury under the laws of the state of California that the
2 foregoing is true and correct, and that this declaration was executed in Santa Clara County,
3 California.
4
5
Dated: March 27, 2024 _______________________________
6 By: James L. Dawson
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Dawson Decl. ISO Motions to Compel Further Responses Case No. 23CV002199
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EXHIBIT 1
1 GATES EISENHART DAWSON
James L. Dawson (SBN 73521)
2 Marc A. Eisenhart (SBN 188518)
Steven D. McClellan (SBN 311395)
3 Claire A. Melehani (SBN 324763)
125 South Market Street, Suite 1200
4 San Jose, California 95113-2288
Telephone: (408) 288-8100
5 Fax: (408) 288-9409
E-mail: jld@gedlaw.com; mae@gedlaw.com; sdm@gedlaw.com; cam@gedlaw.com
6
7 Attorneys for Plaintiff
8
SUPERIOR COURT OF CALIFORNIA
9
MONTEREY COUNTY, UNLIMITED JURISDICTION
10
11
CASTRO PROPERTY RENTALS LLC, a Case No: 23CV002199
12 California Limited Liability Company,
13 Plaintiff,
PLAINTIFF’S REQUEST FOR
14 INSPECTION, SET ONE, TO
vs. DEFENDANT SIMON JAVAHERI
15
16
SIMON JAVAHERI, LEXINGTON WAY
17 LLC, a California Limited Liability
Company, Oakdale Management Company
18 LLC, a California Limited Liability
19 Company, and Does 1 through 50 inclusive,
20 Defendants
21
22 Propounding Party: Castro Property Rentals LLC
23 Responding Party: Simon Javaheri
24 Set Number: One
25
26
27
28
RFI, Set One, to Simon Javaheri Case No. 23CV002199
1
1 Pursuant to Code of Civil Procedure section 2031.010 et seq., Plaintiff Castro Property
2 Rentals LLC hereby requests Simon Javaheri respond to the following request for inspection
3 within thirty (30) days of service of this request. Further, Plaintiff request that Simon Javaheri
4 produce the documents requested in the following requests for inspections at GATES
5 EISENHART DAWSON, 125 South Market Street, Suite 1200, San Jose, CA 95113 on
6 December 11, 2023, for inspection and copying. In lieu of producing the documents and other
7 tangible items described at the above-specified time and place, defendants will accept copies of
8 the items, provided such copies are delivered to the above address on or before the date of
9 production, or at a time and date stipulated to by the parties.
10
11 REQUEST FOR INSPECTION
12 REQUEST FOR INSPECTION NO. 1:
13 All documents identified in your response to form interrogatory, set one.
14 REQUEST FOR INSPECTION NO. 2:
15 All writings, as that term is defined in Evidence Code section 250, relating to any
16 negotiations by you or any company you control or have ownership in to lease space at 2272
17 Alisal Road, Salinas, CA 93908.
18 REQUEST FOR INSPECTION NO. 3:
19 All writings, as that term is defined in Evidence Code section 250, relating to a leasehold
20 for you or any company you control or have ownership in at any space at 2272 Alisal Road,
21 Salinas, CA 93908.
22 REQUEST FOR INSPECTION NO. 4:
23 All writings, as that term is defined in Evidence Code section 250, relating to ending a
24 leasehold for you or any company you control or have ownership in at any space at 2272 Alisal
25 Road, Salinas, CA 93908.
26
27 //
28 //
RFI, Set One, to Simon Javaheri Case No. 23CV002199
2
1 REQUEST FOR INSPECTION NO. 5:
2 All writings, as that term is defined in Evidence Code section 250, reflecting
3 communications regarding the installation of what you contend were trade fixtures at any space
4 at 2272 Alisal Road, Salinas, CA 93908.
5 REQUEST FOR INSPECTION NO. 6:
6 All writings, as that term is defined in Evidence Code section 250, describing what you
7 contend were trade fixtures at any space at 2272 Alisal Road, Salinas, CA 93908.
8 REQUEST FOR INSPECTION NO. 7:
9 All writings, as that term is defined in Evidence Code section 250, reflecting
10 communications regarding the maintenance of what you contend were trade fixtures at any
11 space at 2272 Alisal Road, Salinas, CA 93908.
12 REQUEST FOR INSPECTION NO. 8:
13 All photographs or videos what you contend were trade fixtures at any space at 2272
14 Alisal Road, Salinas, CA 93908.
15 REQUEST FOR INSPECTION NO. 9:
16 All writings, as that term is defined in Evidence Code section 250, reflecting
17 communications with any representative for Matt Tae Kim, relating to any negotiations for you
18 or any company you control or have ownership in to lease space at 2272 Alisal Road, Salinas, CA
19 93908.
20 REQUEST FOR INSPECTION NO. 10:
21 All writings, as that term is defined in Evidence Code section 250, reflecting
22 communications with any representative for Matt Tae Kim, relating to a leasehold for you or
23 any company you control or have ownership in at any space at 2272 Alisal Road, Salinas, CA
24 93908.
25
26 //
27 //
28 //
RFI, Set One, to Simon Javaheri Case No. 23CV002199
3
1 REQUEST FOR INSPECTION NO. 11:
2 All writings, as that term is defined in Evidence Code section 250, reflecting
3 communications with any representative for Matt Tae Kim, relating to ending a leasehold for
4 you or any company you control or have ownership in at any space at 2272 Alisal Road, Salinas,
5 CA 93908.
6 REQUEST FOR INSPECTION NO. 12:
7 All writings, as that term is defined in Evidence Code section 250, reflecting
8 communications with any representative for Grupo Flor Leasing III, LLC, relating to any claim
9 of your or any company you control or have ownership in being in default at any space at 2272
10 Alisal Road, Salinas, CA 93908.
11 REQUEST FOR INSPECTION NO. 13:
12 All writings, as that term is defined in Evidence Code section 250, reflecting
13 communications with any representative for Grupo Flor Leasing III, LLC, relating to any
14 unlawful detainer actions brought against you or any company you control or have ownership in
15 regarding any space at 2272 Alisal Road, Salinas, CA 93908.
16 REQUEST FOR INSPECTION NO. 14:
17 All writings, as that term is defined in Evidence Code section 250, reflecting
18 communications with any representative for Grupo Flor Leasing III, LLC regarding the
19 surrender of possession of any space at 2272 Alisal Road, Salinas, CA 93908.
20 REQUEST FOR INSPECTION NO. 15:
21 All writings, as that term is defined in Evidence Code section 250, reflecting
22 communications with any representative for Grupo Flor Leasing III, LLC regarding the taking
23 of trade fixtures from any space at 2272 Alisal Road, Salinas, CA 93908.
24 REQUEST FOR INSPECTION NO. 16:
25 All writings, as that term is defined in Evidence Code section 250, reflecting
26 communications with any representative for Grupo Flor Leasing III, LLC regarding the taking
27 of any property from any space at 2272 Alisal Road, Salinas, CA 93908.
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RFI, Set One, to Simon Javaheri Case No. 23CV002199
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1 REQUEST FOR INSPECTION NO. 17:
2 All writings, as that term is defined in Evidence Code section 250, regarding any notices
3 of termination or notices to pay or quit or notices of default for any space at 2272 Alisal Road,
4 Salinas, CA 93908.
5 REQUEST FOR INSPECTION NO. 18:
6 All writings, as that term is defined in Evidence Code section 250, regarding the taking
7 of trade fixtures from any space at 2272 Alisal Road, Salinas, CA 93908.
8 REQUEST FOR INSPECTION NO. 19:
9 All writings, as that term is defined in Evidence Code section 250, regarding the
10 surrender of possession of any space at 2272 Alisal Road, Salinas, CA 93908.
11 REQUEST FOR INSPECTION NO. 20:
12 All writings, as that term is defined in Evidence Code section 250, regarding the taking
13 of any property from any space at 2272 Alisal Road, Salinas, CA 93908.
14 REQUEST FOR INSPECTION NO. 21:
15 All writings, as that term is defined in Evidence Code section 250, reflecting any
16 communications by you or any agent of any company you control or have ownership in
17 regarding the taking of trade fixtures from any space at 2272 Alisal Road, Salinas, CA 93908.
18 REQUEST FOR INSPECTION NO. 22:
19 Photographs of any space at 2272 Alisal Road, Salinas, CA 93908 when you or any
20 company you control or have ownership in had possession of the property.
21 REQUEST FOR INSPECTION NO. 23:
22 Videos of any space at 2272 Alisal Road, Salinas, CA 93908 when you or any company
23 you control or have ownership in had possession of the property.
24 REQUEST FOR INSPECTION NO. 24:
25 Photographs of any space at 2272 Alisal Road, Salinas, CA 93908 when you or any
26 company you control or have ownership in were vacating any space at 2272 Alisal Road,
27 Salinas, CA 93908.
28
RFI, Set One, to Simon Javaheri Case No. 23CV002199
5
1 REQUEST FOR INSPECTION NO. 25:
2 Videos of any space at 2272 Alisal Road, Salinas, CA 93908 when you or any company
3 you control or have ownership in were vacating any space at 2272 Alisal Road, Salinas, CA
4 93908.
5 REQUEST FOR INSPECTION NO. 26:
6 Photographs showing the condition of any space at 2272 Alisal Road, Salinas, CA 93908
7 around the time you or any company you control or have ownership in vacated that space.
8 REQUEST FOR INSPECTION NO. 27:
9 Videos showing the condition of any space at 2272 Alisal Road, Salinas, CA 93908
10 around the time you or any company you control or have ownership in vacated that space.
11 REQUEST FOR INSPECTION NO. 28:
12 Photographs showing the condition of any space at 2272 Alisal Road, Salinas, CA 93908
13 around the time you or any company you control or have ownership in entered into possession
14 of that space.
15 REQUEST FOR INSPECTION NO. 29:
16 Videos showing the condition of any space at 2272 Alisal Road, Salinas, CA 93908
17 around the time you or any company you control or have ownership in entered into possession
18 of that space.
19 REQUEST FOR INSPECTION NO. 30:
20 All writings, as that term is defined in Evidence Code section 250, reflecting the
21 condition of any space at 2272 Alisal Road, Salinas, CA 93908 around the time you or any
22 company you control or have ownership in entered into possession of that space.
23 REQUEST FOR INSPECTION NO. 31:
24 All writings, as that term is defined in Evidence Code section 250, reflecting the
25 condition of any space at 2272 Alisal Road, Salinas, CA 93908 around the time you or any
26 company you control or have ownership in were vacating that space.
27
28 //
RFI, Set One, to Simon Javaheri Case No. 23CV002199
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1 REQUEST FOR INSPECTION NO. 32:
2 All writings, as that term is defined in Evidence Code section 250, reflecting the
3 condition of any space at 2272 Alisal Road, Salinas, CA 93908 around the time you or any
4 company you control or have ownership in vacated that space.
5 REQUEST FOR INSPECTION NO. 33:
6 The operating agreement and any of its amendments for Lexington Way LLC.
7 REQUEST FOR INSPECTION NO. 34:
8 The operating agreement and any of its amendments for Oakdale Management Company
9 LLC.
10 REQUEST FOR INSPECTION NO. 35:
11 All writings, as that term is defined in Evidence Code section 250, reflecting the
12 payment of taxes on any claimed trade fixtures used by you or any company you control or have
13 ownership in at any space at 2272 Alisal Road, Salinas, CA 93908.
14
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GATES EISENHART DAWSON
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Dated: November 6, 2023 _______________________________
18 By: James L. Dawson
Attorneys for Plaintiff
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RFI, Set One, to Simon Javaheri Case No. 23CV002199
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EXHIBIT 2
1 GATES EISENHART DAWSON
James L. Dawson (SBN 73521)
2 Marc A. Eisenhart (SBN 188518)
Steven D. McClellan (SBN 311395)
3 Claire A. Melehani (SBN 324763)
125 South Market Street, Suite 1200
4 San Jose, California 95113-2288
Telephone: (408) 288-8100
5 Fax: (408) 288-9409
E-mail: jld@gedlaw.com; mae@gedlaw.com; sdm@gedlaw.com; cam@gedlaw.com
6
7 Attorneys for Plaintiff
8
SUPERIOR COURT OF CALIFORNIA
9
MONTEREY COUNTY, UNLIMITED JURISDICTION
10
11
CASTRO PROPERTY RENTALS LLC, a Case No: 23CV002199
12 California Limited Liability Company,
13 Plaintiff,
PLAINTIFF’S REQUEST FOR
14 INSPECTION, SET TWO, TO
vs. DEFENDANT SIMON JAVAHERI
15
16
SIMON JAVAHERI, LEXINGTON WAY
17 LLC, a California Limited Liability
Company, Oakdale Management Company
18 LLC, a California Limited Liability
19 Company, and Does 1 through 50 inclusive,
20 Defendants
21
22 Propounding Party: Castro Property Rentals LLC
23 Responding Party: Simon Javaheri
24 Set Number: Two
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RFI, Set Two, to Simon Javaheri Case No. 23CV002199
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1 Pursuant to Code of Civil Procedure Section 2031.010 et seq., Plaintiff Castro Property
2 Rentals LLC hereby requests Simon Javaheri respond to the following request for inspection
3 within thirty (30) days of service of this request. This request for inspection will require Simon
4 Javaheri to allow Plaintiff Castro Property Rentals LLC, and its representative, to enter on any
5 land or other property that is in Simon Javaheri’s possession, custody, or control, to inspect the
6 tangible items requested. The inspection will involve the taking of photography, measurement,
7 and surveying of the items requested for inspection. No activity will occur to the items that will
8 permanently alter or destroy the item involved.
9 The inspection shall take place on December 11, 2023, and the inspection shall take
10 place at the places where the items requested are present. Responding Party shall state the place
11 where the items requested are to allow for the inspection. If Responding Party refuses to do so,
12 then Responding Party shall bring all items requested to 125 South Market Street, Suite 1200,
13 for the inspection.
14
15 REQUEST FOR INSPECTION
16 REQUEST FOR INSPECTION NO. 1:
17 All trade fixtures you contend you had removed from any at any unit at 2272 Alisal
18 Road, Salinas, CA 93908.
19
20 GATES EISENHART DAWSON
21
Dated: November 6, 2023 _______________________________
22
By: James L. Dawson
23 Attorneys for Plaintiff
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RFI, Set Two, to Simon Javaheri Case No. 23CV002199
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EXHIBIT 3
1 GATES EISENHART DAWSON
James L. Dawson (SBN 73521)
2 Marc A. Eisenhart (SBN 188518)
Steven D. McLellan (SBN 311395)
3 Claire A. Melehani (SBN 324763)
125 South Market Street, Suite 1200
4 San Jose, California 95113-2288
Telephone: (408) 288-8100
5 Fax: (408) 288-9409
E-mail: jld@gedlaw.com; mae@gedlaw.com; sdm@gedlaw.com; cam@gedlaw.com
6
7 Attorneys for Plaintiff
8
SUPERIOR COURT OF CALIFORNIA
9
MONTEREY COUNTY, UNLIMITED JURISDICTION
10
11
CASTRO PROPERTY RENTALS LLC, a Case No: 23CV002199
12 California Limited Liability Company,
13 Plaintiff,
PLAINTIFF’S REQUEST FOR
14 ADMISSION, SET ONE, TO
vs. DEFENDANT SIMON JAVAHERI
15
16
SIMON JAVAHERI, LEXINGTON WAY
17 LLC, a California Limited Liability
Company, Oakdale Management Company
18 LLC, a California Limited Liability
19 Company, and Does 1 through 50 inclusive,
20 Defendants
21
22 Propounding Party: Castro Property Rentals LLC
23 Responding Party: Simon Javaheri
24 Set Number: One
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RFA, Set One, to Simon Javaheri Case No. 23CV002199
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1 Pursuant to Code of Civil Procedure Section 2033.010 et seq., Plaintiff Castro Property
2 Rentals LLC hereby requests Simon Javaheri respond to the following request for admission
3 within thirty (30) days of service of this request.
4
5 REQUEST FOR ADMISSION
6 REQUEST FOR ADMISSION NO. 1:
7 Admit that Unit C at 2272 Alisal Road, Salinas, CA 93908 was not left in good repair
8 upon its surrender around April 15, 2022.
9 REQUEST FOR ADMISSION NO. 2:
10 Admit that Unit D at 2272 Alisal Road, Salinas, CA 93908 was not left in good repair
11 upon its surrender around April 15, 2022.
12 REQUEST FOR ADMISSION NO. 3:
13 Admit that Unit E at 2272 Alisal Road, Salinas, CA 93908 was not left in good repair
14 upon its surrender around April 15, 2022.
15 REQUEST FOR ADMISSION NO. 4:
16 Admit that Unit F at 2272 Alisal Road, Salinas, CA 93908 was not left in good repair
17 upon its surrender around April 15, 2022.
18 REQUEST FOR ADMISSION NO. 5:
19 Admit that more than just trade fixtures and personal property were removed from Unit
20 C at 2272 Alisal Road, Salinas, CA 93908 upon its surrender around April 15, 2022.
21 REQUEST FOR ADMISSION NO. 6:
22 Admit that more than just trade fixtures and personal property were removed from Unit
23 D at 2272 Alisal Road, Salinas, CA 93908 upon its surrender around April 15, 2022.
24 REQUEST FOR ADMISSION NO. 7:
25 Admit that more than just trade fixtures and personal property were removed from Unit
26 E at 2272 Alisal Road, Salinas, CA 93908 upon its surrender around April 15, 2022.
27
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RFA, Set One, to Simon Javaheri Case No. 23CV002199
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1 REQUEST FOR ADMISSION NO. 8:
2 Admit that more than just trade fixtures and personal property were removed from Unit
3 F at 2272 Alisal Road, Salinas, CA 93908 upon its surrender around April 15, 2022.
4 REQUEST FOR ADMISSION NO. 9:
5 Admit that you had no right to remove the electrical wiring from any space at 2272
6 Alisal Road, Salinas, CA 93908.
7 REQUEST FOR ADMISSION NO. 10:
8 Admit that you had no right to remove the roofing from any space at 2272 Alisal Road,
9 Salinas, CA 93908.
10 REQUEST FOR ADMISSION NO. 11:
11 Admit that you had no right to remove the irrigation from any space at 2272 Alisal Road,
12 Salinas, CA 93908.
13 REQUEST FOR ADMISSION NO. 12:
14 Admit that you had no right to remove the heating from any space at 2272 Alisal Road,
15 Salinas, CA 93908.
16 REQUEST FOR ADMISSION NO. 13:
17 Admit that you had no right to remove the walls from any space at 2272 Alisal Road,
18 Salinas, CA 93908.
19 REQUEST FOR ADMISSION NO. 14:
20 Admit that you had no right to remove the landscaping tools from any space at 2272
21 Alisal Road, Salinas, CA 93908.
22 REQUEST FOR ADMISSION NO. 15:
23 Admit that you had no right to remove the agriculture from any space at 2272 Alisal
24 Road, Salinas, CA 93908.
25 REQUEST FOR ADMISSION NO. 16:
26 Admit that you had no right to remove the fans from any space at 2272 Alisal Road,
27 Salinas, CA 93908.
28 //
RFA, Set One, to Simon Javaheri Case No. 23CV002199
3
1 GATES EISENHART DAWSON
2
3 Dated: November 6, 2023 _______________________________
4 By: James L. Dawson
Attorneys for Plaintiff
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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RFA, Set One, to Simon Javaheri Case No. 23CV002199
4
EXHIBIT 4
1 GATES EISENHART DAWSON
James L. Dawson (SBN 73521)
2 Marc A. Eisenhart (SBN 188518)
Steven D. McClellan (SBN 311395)
3 Claire A. Melehani (SBN 324763)
125 South Market Street, Suite 1200
4 San Jose, California 95113-2288
Telephone: (408) 288-8100
5 Fax: (408) 288-9409
E-mail: jld@gedlaw.com; mae@gedlaw.com; sdm@gedlaw.com; cam@gedlaw.com
6
7 Attorneys for Plaintiff
8
SUPERIOR COURT OF CALIFORNIA
9
MONTEREY COUNTY, UNLIMITED JURISDICTION
10
11
CASTRO PROPERTY RENTALS LLC, a Case No: 23CV002199
12 California Limited Liability Company,
13 Plaintiff,
PLAINTIFF’S SPECIAL
14 INTERROGATORIES, SET ONE, TO
vs. DEFENDANT SIMON JAVAHERI
15
16
SIMON JAVAHERI, LEXINGTON WAY
17 LLC, a California Limited Liability
Company, Oakdale Management Company
18 LLC, a California Limited Liability
19 Company, and Does 1 through 50 inclusive,
20 Defendants
21
22 Propounding Party: Castro Property Rentals LLC
23 Responding Party: Simon Javaheri
24 Set Number: One
25
26
27
28
SROG, Set One, to Simon Javaheri Case No. 23CV002199
1
1 Pursuant to Code of Civil Procedure Section 2030.010 et seq., Plaintiff Castro Property
2 Rentals LLC hereby requests Simon Javaheri to respond to the following special interrogatories:
3
4 SPECIAL INTERROGATORIES
5 SPECIAL INTERROGATORY NO. 1:
6 State whether you instructed any individual to remove what you contend are trade
7 fixtures at any unit at 2272 Alisal Road, Salinas, CA 93908.
8 SPECIAL INTERROGATORY NO. 2:
9 Identify, by stating the individual’s name, address, telephone number, and email address,
10 all individuals you instructed to remove what you contend are trade fixtures at any unit at 2272
11 Alisal Road, Salinas, CA 93908.
12 SPECIAL INTERROGATORY NO. 3:
13 For each individual you instructed to remove what you contend are trade fixtures at any
14 unit at 2272 Alisal Road, Salinas, CA 93908, state the date you made the instruction.
15 SPECIAL INTERROGATORY NO. 4:
16 Identify all of what you contend are trade fixtures you had removed from any unit at
17 2272 Alisal Road, Salinas, CA 93908 prior to April 15, 2022.
18 SPECIAL INTERROGATORY NO. 5:
19 For all of what you contend are trade fixtures you had removed from any unit at 2272
20 Alisal Road, Salinas, CA 93908, state all the reasons why you contend that they are trade
21 fixtures.
22 SPECIAL INTERROGATORY NO. 6:
23 For all of what you contend are trade fixtures you had removed from any unit at 2272
24 Alisal Road, Salinas, CA 93908, state how you have used what you contend are trade fixtures
25 since their removal.
26 SPECIAL INTERROGATORY NO. 7:
27 State whether you instructed any individual to remove fixtures, other than what you
28 contend are trade fixtures, at any unit at 2272 Alisal Road, Salinas, CA 93908.
SROG, Set One, to Simon Javaheri Case No. 23CV002199
2
1 SPECIAL INTERROGATORY NO. 8:
2 State whether fixtures, other than what you contend are trade fixtures, were removed
3 from any unit at 2272 Alisal Road, Salinas, CA 93908 from January 1, 2022 to April 15, 2022.
4 SPECIAL INTERROGATORY NO. 9:
5 To the extent not identified in special interrogatory two, identify, by stating the
6 individual’s name, address, telephone number, and email address, all individuals who were
7 removing fixtures, whether or not they were what you contend are trade fixtures, from any unit
8 at 2272 Alisal Road, Salinas, CA 93908 from January 1, 2022 to April 15, 2022.
9 SPECIAL INTERROGATORY NO. 10:
10 State whether you had any person overseeing the removal of what you contend are trade
11 fixtures at 2272 Alisal Road, Salinas, CA 93908 prior to April 15, 2022.
12 SPECIAL INTERROGATORY NO. 11:
13 Identify, by stating the individual’s name, address, telephone number, and email address,
14 the persons who were overseeing the removal of what you contend are trade fixtures at 2272
15 Alisal Road, Salinas, CA 93908.
16 SPECIAL INTERROGATORY NO. 12:
17 For all of what you contend are trade fixtures you had removed from any unit at 2272
18 Alisal Road, Salinas, CA 93908, state the value of those contended trade fixtures as of the date
19 removed.
20 SPECIAL INTERROGATORY NO. 13:
21 For all of what you contend are trade fixtures you had removed from any unit at 2272
22 Alisal Road, Salinas, CA 93908, state the value of those contended trade fixtures as of the date
23 you provide your response.
24 SPECIAL INTERROGATORY NO. 14:
25 For all fixtures, other than what you contend are trade fixtures, that were removed from
26 any unit at 2272 Alisal Road, Salinas, CA 93908 from January 1, 2022 to April 15, 2022, state
27 the value of those fixtures as of the date removed.
28
SROG, Set One, to Simon Javaheri Case No. 23CV002199
3
1 SPECIAL INTERROGATORY NO. 15:
2 For all fixtures, other than what you contend are trade fixtures, that were removed from
3 any unit at 2272 Alisal Road, Salinas, CA 93908 from January 1, 2022 to April 15, 2022, state
4 the value of those fixtures as of the date you provide your response.
5 SPECIAL INTERROGATORY NO. 16:
6 State whether you instructed any individual to remove what you contend are tenant
7 improvements at any unit at 2272 Alisal Road, Salinas, CA 93908.
8 SPECIAL INTERROGATORY NO. 17:
9 Identify, by stating the individual’s name, address, telephone number, and email address,
10 all individuals you instructed to remove what you contend are tenant improvements at any unit
11 at 2272 Alisal Road, Salinas, CA 93908.
12 SPECIAL INTERROGATORY NO. 18:
13 For each individual you instructed to remove what you contend are tenant improvements
14 at any unit at 2272 Alisal Road, Salinas, CA 93908, state the date you made the instruction.
15 SPECIAL INTERROGATORY NO. 19:
16 Identify all of what you contend are tenant improvements you had removed from any
17 unit at 2272 Alisal Road, Salinas, CA 93908 prior to April 15, 2022.
18 SPECIAL INTERROGATORY NO. 20:
19 For all of what you contend are tenant improvements you had removed from any unit at
20 2272 Alisal Road, Salinas, CA 93908, state all the reasons why you contend that they are tenant
21 improvements.
22 SPECIAL INTERROGATORY NO. 21:
23 For all of what you contend are tenant improvements you had removed from any unit at
24 2272 Alisal Road, Salinas, CA 93908, state how you have used those contended tenant
25 improvements since their removal.
26
27 //
28 //
SROG, Set One, to Simon Javaheri Case No. 23CV002199
4
1 SPECIAL INTERROGATORY NO. 22:
2 Identify, by stating the individual’s name, address, telephone number, and email address,
3 all individuals observing when any unit at 2272 Alisal Road, Salinas, CA 93908 was being
4 vacated around April 15, 2022.
5 SPECIAL INTERROGATORY NO. 23:
6 State the reasons why any fixtures, other than what you contend are trade fixtures, were
7 removed from any unit at 2272 Alisal Road, Salinas, CA 93908 from January 1, 2022 to April
8 15, 2022.
9
10
GATES EISENHART DAWSON
11
12
Dated: November 6, 2023 _______________________________
13 By: James L. Dawson
Attorneys for Plaintiff
14
15
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SROG, Set One, to Simon Javaheri Case No. 23CV002199
5
EXHIBIT 5
DISC-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
James Dawson/Steven McLellan (SBN 73582/311395) GATES EISENHART DAWSON
125 South Market Street, Suite 1200
San Jose, CA 95113
TELEPHONE NO.: (408) 288-8100
FAX NO. (Optional): (408) 288-9409
E-MAIL ADDRESS (Optional): jld@gedlaw.com/sdm@gedlaw.com
ATTORNEY FOR (Name): Castro Property Rentals LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Monterey
SHORT TITLE OF CASE:
Castro Property Rentals LLC v. Javaheri et al.
FORM INTERROGATORIES—GENERAL CASE NUMBER:
23CV002199
Asking Party: Castro Property Rentals LLC
Answering Party: Simon Javaheri
Set No.: 1
Sec. 1. Instructions to All Parties (c) Each answer must be as complete and straightforward
(a) Interrogatories are written questions prepared by a party as the information reasonably available to you, including the
to an action that are sent to any other party in the action to be information possessed by your attorneys or agents, permits. If
answered under oath. The interrogatories below are form an interrogatory cannot be answered completely, answer it to
interrogatories approved for use in civil cases. the extent possible.
(b) For time limitations, requirements for service on other (d) If you do not have enough personal knowledge to fully
parties, and other details, see Code of Civil Procedure answer an interrogatory, say so, but make a reasonable and
sections 2030.010–2030.410 and the cases construing those good faith effort to get the information by asking other persons
sections. or organizations, unless the information is equally available to
(c) These form interrogatories do not change existing law the asking party.
relating to interrogatories nor do they affect an answering
(e) Whenever an interrogatory may be answered by
party’s right to assert any privilege or make any objection.
referring to a document, the document may be attached as an
Sec. 2. Instructions to the Asking Party exhibit to the response and referred to in the response. If the
(a) These interrogatories are designed for optional use by document has more than one page, refer to the page and
parties in unlimited civil cases where the amount demanded section where the answer to the interrogatory can be found.
exceeds $25,000. Separate interrogatories, Form
Interrogatories—Limited Civil Cases (Economic Litigation) (f) Whenever an address and telephone number for the
(form DISC-004), which have no subparts, are designed for same person are requested in more than one interrogatory,
use in limited civil cases where the amount demanded is you are required to furnish them in answering only the first
$25,000 or less; however, those interrogatories may also be interrogatory asking for that information.
used in unlimited civil cases. (g) If you are asserting a privilege or making an objection to
(b) Check the box next to each interrogatory that you want an interrogatory, you must specifically assert the privilege or
the answering party to answer. Use care in choosing those state the objection in your written response.
interrogatories that are applicable to the case.
(h) Your answers to these interrogatories must be verified,
(c) You may insert your own definition of INCIDENT in dated, and signed. You may wish to use the following form at
Section 4, but only where the action arises from a course of
the end of your answers:
conduct or a series of events occurring over a period of time.
I declare under penalty of perjury under the laws of the
(d) The interrogatories in section 16.0, Defendant’s
State of California that the foregoing answers are true and
Contentions–Personal Injury, should not be used until the
correct.
defendant has had a reasonable opportunity to conduct an
investigation or discovery of plaintiff’s injuries and damages.
(Date) (SIGNATURE)
(e) Additional interrogatories may be attached.
Sec. 4. Definitions
Sec. 3. Instructions to the Answering Party Words in BOLDFACE CAPITALS in these interrogatories are
(a) An answer or other appropriate response must be defined as follows:
given to each interrogatory checked by the asking party. (a) (Check one of the following):
(b) As a general rule, within 30 days after you are served
with these interrogatories, you must serve your responses on (1) INCIDENT includes the circumstances and
the asking party and serve copies of your responses on all events surrounding the alleged accident, injury, or
other parties to the action who have appeared. See Code of other occurrence or breach of contract giving rise to
Civil Procedure sections 2030.260–2030.270 for details. this action or proceeding.
Page 1 of 8
Form Approved for Optional Use Code of Civil Procedure, §§
Judicial Council of California FORM INTERROGATORIES—GENERAL 2030.010-2030.410, 2033.710
DISC-001 [Rev. January 1, 2008]
Preview
1 GATES EISENHART DAWSON James L. Dawson (SBN 73521) 2 Marc A. Eisenhart (SBN 188518) 125 South Market Street, Suite 1200 3 San Jose, California 95113-2288 Telephone: (408) 288-8100 4 Fax: (408) 288-9409 E-mail: jld@gedlaw.com; mae@gedlaw.com 5 6 Attorneys for Plaintiff 7 SUPERIOR COURT OF CALIFORNIA 8 MONTEREY COUNTY, UNLIMITED JURISDICTION 9 10 CASTRO PROPERTY RENTALS LLC, a Case No: 23CV002199 11 California Limited Liability Company, DECLARATION OF JAMES DAWSON IN 12 Plaintiff, SUPPORT OF 1. MOTION TO COMPEL FURTHER 13 vs. RESPONSES FROM SIMON 14 JAVAHERI ON REQUESTS FOR INSPECTION, REQUESTS FOR 15 SIMON JAVAHERI, LEXINGTON WAY ADMISSION, SPECIAL LLC, a California Limited Liability Company, INTERROGATORIES, AND FORM 16 INTERROGATORIES Oakdale Management Company LLC, a 17 California Limited Liability Company, 2. MOTION TO COMPEL FURTHER GRUPO FLOR LEASING III LLC, a RESPONSES FROM LEXINGTON 18 California Limited Liability Company, and WAY LLC ON REQUESTS FOR Does 1 through 50 inclusive, INSPECTION, REQUESTS FOR 19 ADMISSION, SPECIAL Defendants 20 INTERROGATORIES, AND FORM INTERROGATORIES 21 3. MOTION TO COMPEL FURTHER RESPONSES FROM OAKDALE 22 MANAGEMENT COMPANY LLC ON 23 REQUESTS FOR INSPECTION, REQUESTS FOR ADMISSION, 24 SPECIAL INTERROGATORIES, AND FORM INTERROGATORIES 25 26 Date: June 14, 2024 Time: 8:30 A.M. 27 Dept.: 14 Judge: Hon. Carrie Panetta 28 Dawson Decl. ISO Motions to Compel Further Responses Case No. 23CV002199 1 1 I, JAMES DAWSON, hereby declare as follows: 2 1. I am the lead attorney for Plaintiff on this matter. I have personal knowledge of 3 the facts declared herein, and could and would testify competently to them if called to do so. 4 5 Plaintiff serves discovery responses on the Javaheri Defendants. 6 2. After the Defendants filed their first demurrer to the original complaint, on 7 November 6, 2023, our office served discovery requests on Javaheri Defendants (Simon 8 Javaheri, Oakdale Management Company LLC, and Lexington Way LLC). Attached as Exhibit 9 1 is a true and correct copy, dated November 6, 2023, of the request for inspection, set one, for 10 Simon Javaheri. 11 3. Attached as Exhibit 2 is a true and correct copy, dated November 6, 2023, of the 12 request for inspection, set two, for Simon Javaheri. 13 4. Attached as Exhibit 3 is a true and correct copy, dated November 6, 2023, of the 14 request for admission, set one, for Simon Javaheri. 15 5. Attached as Exhibit 4 is a true and correct copy, dated November 6, 2023, of the 16 special interrogatories, set one, for Simon Javaheri. 17 6. Attached as Exhibit 5 is a true and correct copy, served November 6, 2023, of 18 the form interrogatories, set one, for Simon Javaheri. 19 7. Attached as Exhibit 6 is a true and correct copy, dated November 6, 2023, of the 20 request for inspection, set one, for Oakdale Management Company LLC. 21 8. Attached as Exhibit 7 is a true and correct copy, dated November 6, 2023, of the 22 request for inspection, set two, for Oakdale Management Company LLC. 23 9. Attached as Exhibit 8 is a true and correct copy, dated November 6, 2023, of the 24 request for admission, set one, for Oakdale Management Company LLC. 25 10. Attached as Exhibit 9 is a true and correct copy, dated November 6, 2023, of the 26 special interrogatories, set one, for Oakdale Management Company LLC. 27 11. Attached as Exhibit 10 is a true and correct copy, served November 6, 2023, of 28 the form interrogatories, set one, for Oakdale Management Company LLC. Dawson Decl. ISO Motions to Compel Further Responses Case No. 23CV002199 2 1 12. Attached as Exhibit 11 is a true and correct copy, dated November 6, 2023, of 2 the request for inspection, set one, for Lexington Way LLC. 3 13. Attached as Exhibit 12 is a true and correct copy, dated November 6, 2023, of 4 the request for inspection, set two, for Lexington Way LLC. 5 14. Attached as Exhibit 13 is a true and correct copy, dated November 6, 2023, of 6 the request for admission, set one, for Lexington Way LLC. 7 15. Attached as Exhibit 14 is a true and correct copy, dated November 6, 2023, of 8 the special interrogatories, set one, for Lexington Way LLC. 9 16. Attached as Exhibit 15 is a true and correct copy, served November 6, 2023, of 10 the form interrogatories, set one, for Lexington Way LLC. 11 12 The Javaheri Defendants serve only objections to the discovery responses, mainly that 13 there is a pending pleading motion and that they believe the case belongs in arbitration. 14 17. On December 8, 2023, the Javaheri Defendants served by mail responses to the 15 discovery request. Attached as Exhibit 16 is a true and correct copy of Simon Javaheri’s 16 Response to Request for Inspection, Set One. 17 18. Attached as Exhibit 17 is a true and correct copy of Simon Javaheri’s Response 18 to Request for Inspection, Set Two. 19 19. Attached as Exhibit 18 is a true and correct copy of Simon Javaheri’s Response 20 to Request for Admission, Set One. 21 20. Attached as Exhibit 19 is a true and correct copy of Simon Javaheri’s Response 22 to Special Interrogatories, Set One. 23 21. Attached as Exhibit 20 is a true and correct copy of Simon Javaheri’s Response 24 to Form Interrogatories, Set One. 25 22. Attached as Exhibit 21 is a true and correct copy of Oakdale Management 26 Company LLC’s Response to Request for Inspection, Set One. 27 23. Attached as Exhibit 22 is a true and correct copy of Oakdale Management 28 Company LLC’s Response to Request for Inspection, Set Two. Dawson Decl. ISO Motions to Compel Further Responses Case No. 23CV002199 3 1 24. Attached as Exhibit 23 is a true and correct copy of Oakdale Management 2 Company LLC’s Response to Request for Admission, Set One. 3 25. Attached as Exhibit 24 is a true and correct copy of Oakdale Management 4 Company LLC’s Response to Special Interrogatories, Set One. 5 26. Attached as Exhibit 25 is a true and correct copy of Oakdale Management 6 Company LLC’s Response to Form Interrogatories, Set One. 7 27. Attached as Exhibit 26 is a true and correct copy of Lexington Way LLC’s 8 Response to Request for Inspection, Set One. 9 28. Attached as Exhibit 27 is a true and correct copy of Lexington Way LLC’s 10 Response to Request for Inspection, Set Two. 11 29. Attached as Exhibit 28 is a true and correct copy of Lexington Way LLC’s 12 Response to Request for Admission, Set One. 13 30. Attached as Exhibit 29 is a true and correct copy of Lexington Way LLC’s 14 Response to Special Interrogatories, Set One. 15 31. Attached as Exhibit 30 is a true and correct copy of Lexington Way LLC’s 16 Response to Form Interrogatories, Set One. 17 18 Plaintiff tries to meet and confer multiple times, but the Javaheri Defendants refuse to 19 produce any information. 20 32. Given the blanket objections to Plaintiff’s discovery requests, our office met and 21 conferred with the Javaheri Defendants. First, on December 18, 2023, our office sent a letter to 22 the Javaheri Defendants’ counsel. Attached as Exhibit 31 is a true and correct copy of that 23 letter. 24 33. Later, our office had a phone conference with the Javaheri Defendants’ counsel 25 to discuss the discovery requests. That phone conference occurred on January 11, 2024, and was 26 between Steven McLellan for Plaintiff and Brendan Macaulay for the Javaheri Defendants. 27 34. The parties agreed to extend the deadline to bring a motion to compel to February 28 20, 2024, after the hearing for the demurrer. Afterwards, on February 12, 2024, our office sent Dawson Decl. ISO Motions to Compel Further Responses Case No. 23CV002199 4 1 further correspondence requesting what the Javaheri Defendants would be willing to produce, and 2 trying to limit the discovery. The Javaheri Defendants refused, stating “the discovery you 3 propounded goes far beyond the Rule 26-type exchange contemplated by the JAMS rule you 4 listed, setting aside the cost/expense of responding to myriad discovery requests. Moreover, you 5 have already argued that Defendants waived their right to arbitrate just by filing a responsive 6 pleading. Engaging in discovery would only provide additional fodder for that argument. There 7 are other reasons not to go down this path – including duplication of effort as additional parties 8 enter the litigation or arbitration.” In response, our office said “it sounds as though you are simply 9 not going to produce anything, or even offer something as part of a compromise in the meet and 10 confer process, even if it were what you were to consider the basic Rule 26 exchange. Your 11 position is essentially forcing us to bring this to the Court’s attention, which we would rather 12 avoid. Please let us know if you are willing to offer something in regards to producing discovery— 13 I’ve asked what you would propose in my last email.” Attached as Exhibit 32 is a true and correct 14 copy of the email exchange for this. 15 35. Despite these attempts to meet and confer, the Javaheri Defendants have not 16 provided updated responses. 17 18 The parties extend the deadline to bring a motion to compel to March 27, 2024 19 36. As discussed above, the parties initially extended the deadline to February 20, 20 2024. The attached Exhibit 32 reflects that agreement. Additionally, the parties further agreed 21 to extend the deadline to March 20, 2024. The attached Exhibit 32 also reflects that agreement. 22 37. On March 19, 2024, the parties agreed to extend the deadline to file the motion to 23 compel to March 27, 2024. Attached as Exhibit 33 is a true and correct copy of the email 24 reflecting that agreement. 25 26 // 27 // 28 // Dawson Decl. ISO Motions to Compel Further Responses Case No. 23CV002199 5 1 I declare under penalty of perjury under the laws of the state of California that the 2 foregoing is true and correct, and that this declaration was executed in Santa Clara County, 3 California. 4 5 Dated: March 27, 2024 _______________________________ 6 By: James L. Dawson 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dawson Decl. ISO Motions to Compel Further Responses Case No. 23CV002199 6 EXHIBIT 1 1 GATES EISENHART DAWSON James L. Dawson (SBN 73521) 2 Marc A. Eisenhart (SBN 188518) Steven D. McClellan (SBN 311395) 3 Claire A. Melehani (SBN 324763) 125 South Market Street, Suite 1200 4 San Jose, California 95113-2288 Telephone: (408) 288-8100 5 Fax: (408) 288-9409 E-mail: jld@gedlaw.com; mae@gedlaw.com; sdm@gedlaw.com; cam@gedlaw.com 6 7 Attorneys for Plaintiff 8 SUPERIOR COURT OF CALIFORNIA 9 MONTEREY COUNTY, UNLIMITED JURISDICTION 10 11 CASTRO PROPERTY RENTALS LLC, a Case No: 23CV002199 12 California Limited Liability Company, 13 Plaintiff, PLAINTIFF’S REQUEST FOR 14 INSPECTION, SET ONE, TO vs. DEFENDANT SIMON JAVAHERI 15 16 SIMON JAVAHERI, LEXINGTON WAY 17 LLC, a California Limited Liability Company, Oakdale Management Company 18 LLC, a California Limited Liability 19 Company, and Does 1 through 50 inclusive, 20 Defendants 21 22 Propounding Party: Castro Property Rentals LLC 23 Responding Party: Simon Javaheri 24 Set Number: One 25 26 27 28 RFI, Set One, to Simon Javaheri Case No. 23CV002199 1 1 Pursuant to Code of Civil Procedure section 2031.010 et seq., Plaintiff Castro Property 2 Rentals LLC hereby requests Simon Javaheri respond to the following request for inspection 3 within thirty (30) days of service of this request. Further, Plaintiff request that Simon Javaheri 4 produce the documents requested in the following requests for inspections at GATES 5 EISENHART DAWSON, 125 South Market Street, Suite 1200, San Jose, CA 95113 on 6 December 11, 2023, for inspection and copying. In lieu of producing the documents and other 7 tangible items described at the above-specified time and place, defendants will accept copies of 8 the items, provided such copies are delivered to the above address on or before the date of 9 production, or at a time and date stipulated to by the parties. 10 11 REQUEST FOR INSPECTION 12 REQUEST FOR INSPECTION NO. 1: 13 All documents identified in your response to form interrogatory, set one. 14 REQUEST FOR INSPECTION NO. 2: 15 All writings, as that term is defined in Evidence Code section 250, relating to any 16 negotiations by you or any company you control or have ownership in to lease space at 2272 17 Alisal Road, Salinas, CA 93908. 18 REQUEST FOR INSPECTION NO. 3: 19 All writings, as that term is defined in Evidence Code section 250, relating to a leasehold 20 for you or any company you control or have ownership in at any space at 2272 Alisal Road, 21 Salinas, CA 93908. 22 REQUEST FOR INSPECTION NO. 4: 23 All writings, as that term is defined in Evidence Code section 250, relating to ending a 24 leasehold for you or any company you control or have ownership in at any space at 2272 Alisal 25 Road, Salinas, CA 93908. 26 27 // 28 // RFI, Set One, to Simon Javaheri Case No. 23CV002199 2 1 REQUEST FOR INSPECTION NO. 5: 2 All writings, as that term is defined in Evidence Code section 250, reflecting 3 communications regarding the installation of what you contend were trade fixtures at any space 4 at 2272 Alisal Road, Salinas, CA 93908. 5 REQUEST FOR INSPECTION NO. 6: 6 All writings, as that term is defined in Evidence Code section 250, describing what you 7 contend were trade fixtures at any space at 2272 Alisal Road, Salinas, CA 93908. 8 REQUEST FOR INSPECTION NO. 7: 9 All writings, as that term is defined in Evidence Code section 250, reflecting 10 communications regarding the maintenance of what you contend were trade fixtures at any 11 space at 2272 Alisal Road, Salinas, CA 93908. 12 REQUEST FOR INSPECTION NO. 8: 13 All photographs or videos what you contend were trade fixtures at any space at 2272 14 Alisal Road, Salinas, CA 93908. 15 REQUEST FOR INSPECTION NO. 9: 16 All writings, as that term is defined in Evidence Code section 250, reflecting 17 communications with any representative for Matt Tae Kim, relating to any negotiations for you 18 or any company you control or have ownership in to lease space at 2272 Alisal Road, Salinas, CA 19 93908. 20 REQUEST FOR INSPECTION NO. 10: 21 All writings, as that term is defined in Evidence Code section 250, reflecting 22 communications with any representative for Matt Tae Kim, relating to a leasehold for you or 23 any company you control or have ownership in at any space at 2272 Alisal Road, Salinas, CA 24 93908. 25 26 // 27 // 28 // RFI, Set One, to Simon Javaheri Case No. 23CV002199 3 1 REQUEST FOR INSPECTION NO. 11: 2 All writings, as that term is defined in Evidence Code section 250, reflecting 3 communications with any representative for Matt Tae Kim, relating to ending a leasehold for 4 you or any company you control or have ownership in at any space at 2272 Alisal Road, Salinas, 5 CA 93908. 6 REQUEST FOR INSPECTION NO. 12: 7 All writings, as that term is defined in Evidence Code section 250, reflecting 8 communications with any representative for Grupo Flor Leasing III, LLC, relating to any claim 9 of your or any company you control or have ownership in being in default at any space at 2272 10 Alisal Road, Salinas, CA 93908. 11 REQUEST FOR INSPECTION NO. 13: 12 All writings, as that term is defined in Evidence Code section 250, reflecting 13 communications with any representative for Grupo Flor Leasing III, LLC, relating to any 14 unlawful detainer actions brought against you or any company you control or have ownership in 15 regarding any space at 2272 Alisal Road, Salinas, CA 93908. 16 REQUEST FOR INSPECTION NO. 14: 17 All writings, as that term is defined in Evidence Code section 250, reflecting 18 communications with any representative for Grupo Flor Leasing III, LLC regarding the 19 surrender of possession of any space at 2272 Alisal Road, Salinas, CA 93908. 20 REQUEST FOR INSPECTION NO. 15: 21 All writings, as that term is defined in Evidence Code section 250, reflecting 22 communications with any representative for Grupo Flor Leasing III, LLC regarding the taking 23 of trade fixtures from any space at 2272 Alisal Road, Salinas, CA 93908. 24 REQUEST FOR INSPECTION NO. 16: 25 All writings, as that term is defined in Evidence Code section 250, reflecting 26 communications with any representative for Grupo Flor Leasing III, LLC regarding the taking 27 of any property from any space at 2272 Alisal Road, Salinas, CA 93908. 28 RFI, Set One, to Simon Javaheri Case No. 23CV002199 4 1 REQUEST FOR INSPECTION NO. 17: 2 All writings, as that term is defined in Evidence Code section 250, regarding any notices 3 of termination or notices to pay or quit or notices of default for any space at 2272 Alisal Road, 4 Salinas, CA 93908. 5 REQUEST FOR INSPECTION NO. 18: 6 All writings, as that term is defined in Evidence Code section 250, regarding the taking 7 of trade fixtures from any space at 2272 Alisal Road, Salinas, CA 93908. 8 REQUEST FOR INSPECTION NO. 19: 9 All writings, as that term is defined in Evidence Code section 250, regarding the 10 surrender of possession of any space at 2272 Alisal Road, Salinas, CA 93908. 11 REQUEST FOR INSPECTION NO. 20: 12 All writings, as that term is defined in Evidence Code section 250, regarding the taking 13 of any property from any space at 2272 Alisal Road, Salinas, CA 93908. 14 REQUEST FOR INSPECTION NO. 21: 15 All writings, as that term is defined in Evidence Code section 250, reflecting any 16 communications by you or any agent of any company you control or have ownership in 17 regarding the taking of trade fixtures from any space at 2272 Alisal Road, Salinas, CA 93908. 18 REQUEST FOR INSPECTION NO. 22: 19 Photographs of any space at 2272 Alisal Road, Salinas, CA 93908 when you or any 20 company you control or have ownership in had possession of the property. 21 REQUEST FOR INSPECTION NO. 23: 22 Videos of any space at 2272 Alisal Road, Salinas, CA 93908 when you or any company 23 you control or have ownership in had possession of the property. 24 REQUEST FOR INSPECTION NO. 24: 25 Photographs of any space at 2272 Alisal Road, Salinas, CA 93908 when you or any 26 company you control or have ownership in were vacating any space at 2272 Alisal Road, 27 Salinas, CA 93908. 28 RFI, Set One, to Simon Javaheri Case No. 23CV002199 5 1 REQUEST FOR INSPECTION NO. 25: 2 Videos of any space at 2272 Alisal Road, Salinas, CA 93908 when you or any company 3 you control or have ownership in were vacating any space at 2272 Alisal Road, Salinas, CA 4 93908. 5 REQUEST FOR INSPECTION NO. 26: 6 Photographs showing the condition of any space at 2272 Alisal Road, Salinas, CA 93908 7 around the time you or any company you control or have ownership in vacated that space. 8 REQUEST FOR INSPECTION NO. 27: 9 Videos showing the condition of any space at 2272 Alisal Road, Salinas, CA 93908 10 around the time you or any company you control or have ownership in vacated that space. 11 REQUEST FOR INSPECTION NO. 28: 12 Photographs showing the condition of any space at 2272 Alisal Road, Salinas, CA 93908 13 around the time you or any company you control or have ownership in entered into possession 14 of that space. 15 REQUEST FOR INSPECTION NO. 29: 16 Videos showing the condition of any space at 2272 Alisal Road, Salinas, CA 93908 17 around the time you or any company you control or have ownership in entered into possession 18 of that space. 19 REQUEST FOR INSPECTION NO. 30: 20 All writings, as that term is defined in Evidence Code section 250, reflecting the 21 condition of any space at 2272 Alisal Road, Salinas, CA 93908 around the time you or any 22 company you control or have ownership in entered into possession of that space. 23 REQUEST FOR INSPECTION NO. 31: 24 All writings, as that term is defined in Evidence Code section 250, reflecting the 25 condition of any space at 2272 Alisal Road, Salinas, CA 93908 around the time you or any 26 company you control or have ownership in were vacating that space. 27 28 // RFI, Set One, to Simon Javaheri Case No. 23CV002199 6 1 REQUEST FOR INSPECTION NO. 32: 2 All writings, as that term is defined in Evidence Code section 250, reflecting the 3 condition of any space at 2272 Alisal Road, Salinas, CA 93908 around the time you or any 4 company you control or have ownership in vacated that space. 5 REQUEST FOR INSPECTION NO. 33: 6 The operating agreement and any of its amendments for Lexington Way LLC. 7 REQUEST FOR INSPECTION NO. 34: 8 The operating agreement and any of its amendments for Oakdale Management Company 9 LLC. 10 REQUEST FOR INSPECTION NO. 35: 11 All writings, as that term is defined in Evidence Code section 250, reflecting the 12 payment of taxes on any claimed trade fixtures used by you or any company you control or have 13 ownership in at any space at 2272 Alisal Road, Salinas, CA 93908. 14 15 GATES EISENHART DAWSON 16 17 Dated: November 6, 2023 _______________________________ 18 By: James L. Dawson Attorneys for Plaintiff 19 20 21 22 23 24 25 26 27 28 RFI, Set One, to Simon Javaheri Case No. 23CV002199 7 EXHIBIT 2 1 GATES EISENHART DAWSON James L. Dawson (SBN 73521) 2 Marc A. Eisenhart (SBN 188518) Steven D. McClellan (SBN 311395) 3 Claire A. Melehani (SBN 324763) 125 South Market Street, Suite 1200 4 San Jose, California 95113-2288 Telephone: (408) 288-8100 5 Fax: (408) 288-9409 E-mail: jld@gedlaw.com; mae@gedlaw.com; sdm@gedlaw.com; cam@gedlaw.com 6 7 Attorneys for Plaintiff 8 SUPERIOR COURT OF CALIFORNIA 9 MONTEREY COUNTY, UNLIMITED JURISDICTION 10 11 CASTRO PROPERTY RENTALS LLC, a Case No: 23CV002199 12 California Limited Liability Company, 13 Plaintiff, PLAINTIFF’S REQUEST FOR 14 INSPECTION, SET TWO, TO vs. DEFENDANT SIMON JAVAHERI 15 16 SIMON JAVAHERI, LEXINGTON WAY 17 LLC, a California Limited Liability Company, Oakdale Management Company 18 LLC, a California Limited Liability 19 Company, and Does 1 through 50 inclusive, 20 Defendants 21 22 Propounding Party: Castro Property Rentals LLC 23 Responding Party: Simon Javaheri 24 Set Number: Two 25 26 27 28 RFI, Set Two, to Simon Javaheri Case No. 23CV002199 1 1 Pursuant to Code of Civil Procedure Section 2031.010 et seq., Plaintiff Castro Property 2 Rentals LLC hereby requests Simon Javaheri respond to the following request for inspection 3 within thirty (30) days of service of this request. This request for inspection will require Simon 4 Javaheri to allow Plaintiff Castro Property Rentals LLC, and its representative, to enter on any 5 land or other property that is in Simon Javaheri’s possession, custody, or control, to inspect the 6 tangible items requested. The inspection will involve the taking of photography, measurement, 7 and surveying of the items requested for inspection. No activity will occur to the items that will 8 permanently alter or destroy the item involved. 9 The inspection shall take place on December 11, 2023, and the inspection shall take 10 place at the places where the items requested are present. Responding Party shall state the place 11 where the items requested are to allow for the inspection. If Responding Party refuses to do so, 12 then Responding Party shall bring all items requested to 125 South Market Street, Suite 1200, 13 for the inspection. 14 15 REQUEST FOR INSPECTION 16 REQUEST FOR INSPECTION NO. 1: 17 All trade fixtures you contend you had removed from any at any unit at 2272 Alisal 18 Road, Salinas, CA 93908. 19 20 GATES EISENHART DAWSON 21 Dated: November 6, 2023 _______________________________ 22 By: James L. Dawson 23 Attorneys for Plaintiff 24 25 26 27 28 RFI, Set Two, to Simon Javaheri Case No. 23CV002199 2 EXHIBIT 3 1 GATES EISENHART DAWSON James L. Dawson (SBN 73521) 2 Marc A. Eisenhart (SBN 188518) Steven D. McLellan (SBN 311395) 3 Claire A. Melehani (SBN 324763) 125 South Market Street, Suite 1200 4 San Jose, California 95113-2288 Telephone: (408) 288-8100 5 Fax: (408) 288-9409 E-mail: jld@gedlaw.com; mae@gedlaw.com; sdm@gedlaw.com; cam@gedlaw.com 6 7 Attorneys for Plaintiff 8 SUPERIOR COURT OF CALIFORNIA 9 MONTEREY COUNTY, UNLIMITED JURISDICTION 10 11 CASTRO PROPERTY RENTALS LLC, a Case No: 23CV002199 12 California Limited Liability Company, 13 Plaintiff, PLAINTIFF’S REQUEST FOR 14 ADMISSION, SET ONE, TO vs. DEFENDANT SIMON JAVAHERI 15 16 SIMON JAVAHERI, LEXINGTON WAY 17 LLC, a California Limited Liability Company, Oakdale Management Company 18 LLC, a California Limited Liability 19 Company, and Does 1 through 50 inclusive, 20 Defendants 21 22 Propounding Party: Castro Property Rentals LLC 23 Responding Party: Simon Javaheri 24 Set Number: One 25 26 27 28 RFA, Set One, to Simon Javaheri Case No. 23CV002199 1 1 Pursuant to Code of Civil Procedure Section 2033.010 et seq., Plaintiff Castro Property 2 Rentals LLC hereby requests Simon Javaheri respond to the following request for admission 3 within thirty (30) days of service of this request. 4 5 REQUEST FOR ADMISSION 6 REQUEST FOR ADMISSION NO. 1: 7 Admit that Unit C at 2272 Alisal Road, Salinas, CA 93908 was not left in good repair 8 upon its surrender around April 15, 2022. 9 REQUEST FOR ADMISSION NO. 2: 10 Admit that Unit D at 2272 Alisal Road, Salinas, CA 93908 was not left in good repair 11 upon its surrender around April 15, 2022. 12 REQUEST FOR ADMISSION NO. 3: 13 Admit that Unit E at 2272 Alisal Road, Salinas, CA 93908 was not left in good repair 14 upon its surrender around April 15, 2022. 15 REQUEST FOR ADMISSION NO. 4: 16 Admit that Unit F at 2272 Alisal Road, Salinas, CA 93908 was not left in good repair 17 upon its surrender around April 15, 2022. 18 REQUEST FOR ADMISSION NO. 5: 19 Admit that more than just trade fixtures and personal property were removed from Unit 20 C at 2272 Alisal Road, Salinas, CA 93908 upon its surrender around April 15, 2022. 21 REQUEST FOR ADMISSION NO. 6: 22 Admit that more than just trade fixtures and personal property were removed from Unit 23 D at 2272 Alisal Road, Salinas, CA 93908 upon its surrender around April 15, 2022. 24 REQUEST FOR ADMISSION NO. 7: 25 Admit that more than just trade fixtures and personal property were removed from Unit 26 E at 2272 Alisal Road, Salinas, CA 93908 upon its surrender around April 15, 2022. 27 28 // RFA, Set One, to Simon Javaheri Case No. 23CV002199 2 1 REQUEST FOR ADMISSION NO. 8: 2 Admit that more than just trade fixtures and personal property were removed from Unit 3 F at 2272 Alisal Road, Salinas, CA 93908 upon its surrender around April 15, 2022. 4 REQUEST FOR ADMISSION NO. 9: 5 Admit that you had no right to remove the electrical wiring from any space at 2272 6 Alisal Road, Salinas, CA 93908. 7 REQUEST FOR ADMISSION NO. 10: 8 Admit that you had no right to remove the roofing from any space at 2272 Alisal Road, 9 Salinas, CA 93908. 10 REQUEST FOR ADMISSION NO. 11: 11 Admit that you had no right to remove the irrigation from any space at 2272 Alisal Road, 12 Salinas, CA 93908. 13 REQUEST FOR ADMISSION NO. 12: 14 Admit that you had no right to remove the heating from any space at 2272 Alisal Road, 15 Salinas, CA 93908. 16 REQUEST FOR ADMISSION NO. 13: 17 Admit that you had no right to remove the walls from any space at 2272 Alisal Road, 18 Salinas, CA 93908. 19 REQUEST FOR ADMISSION NO. 14: 20 Admit that you had no right to remove the landscaping tools from any space at 2272 21 Alisal Road, Salinas, CA 93908. 22 REQUEST FOR ADMISSION NO. 15: 23 Admit that you had no right to remove the agriculture from any space at 2272 Alisal 24 Road, Salinas, CA 93908. 25 REQUEST FOR ADMISSION NO. 16: 26 Admit that you had no right to remove the fans from any space at 2272 Alisal Road, 27 Salinas, CA 93908. 28 // RFA, Set One, to Simon Javaheri Case No. 23CV002199 3 1 GATES EISENHART DAWSON 2 3 Dated: November 6, 2023 _______________________________ 4 By: James L. Dawson Attorneys for Plaintiff 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RFA, Set One, to Simon Javaheri Case No. 23CV002199 4 EXHIBIT 4 1 GATES EISENHART DAWSON James L. Dawson (SBN 73521) 2 Marc A. Eisenhart (SBN 188518) Steven D. McClellan (SBN 311395) 3 Claire A. Melehani (SBN 324763) 125 South Market Street, Suite 1200 4 San Jose, California 95113-2288 Telephone: (408) 288-8100 5 Fax: (408) 288-9409 E-mail: jld@gedlaw.com; mae@gedlaw.com; sdm@gedlaw.com; cam@gedlaw.com 6 7 Attorneys for Plaintiff 8 SUPERIOR COURT OF CALIFORNIA 9 MONTEREY COUNTY, UNLIMITED JURISDICTION 10 11 CASTRO PROPERTY RENTALS LLC, a Case No: 23CV002199 12 California Limited Liability Company, 13 Plaintiff, PLAINTIFF’S SPECIAL 14 INTERROGATORIES, SET ONE, TO vs. DEFENDANT SIMON JAVAHERI 15 16 SIMON JAVAHERI, LEXINGTON WAY 17 LLC, a California Limited Liability Company, Oakdale Management Company 18 LLC, a California Limited Liability 19 Company, and Does 1 through 50 inclusive, 20 Defendants 21 22 Propounding Party: Castro Property Rentals LLC 23 Responding Party: Simon Javaheri 24 Set Number: One 25 26 27 28 SROG, Set One, to Simon Javaheri Case No. 23CV002199 1 1 Pursuant to Code of Civil Procedure Section 2030.010 et seq., Plaintiff Castro Property 2 Rentals LLC hereby requests Simon Javaheri to respond to the following special interrogatories: 3 4 SPECIAL INTERROGATORIES 5 SPECIAL INTERROGATORY NO. 1: 6 State whether you instructed any individual to remove what you contend are trade 7 fixtures at any unit at 2272 Alisal Road, Salinas, CA 93908. 8 SPECIAL INTERROGATORY NO. 2: 9 Identify, by stating the individual’s name, address, telephone number, and email address, 10 all individuals you instructed to remove what you contend are trade fixtures at any unit at 2272 11 Alisal Road, Salinas, CA 93908. 12 SPECIAL INTERROGATORY NO. 3: 13 For each individual you instructed to remove what you contend are trade fixtures at any 14 unit at 2272 Alisal Road, Salinas, CA 93908, state the date you made the instruction. 15 SPECIAL INTERROGATORY NO. 4: 16 Identify all of what you contend are trade fixtures you had removed from any unit at 17 2272 Alisal Road, Salinas, CA 93908 prior to April 15, 2022. 18 SPECIAL INTERROGATORY NO. 5: 19 For all of what you contend are trade fixtures you had removed from any unit at 2272 20 Alisal Road, Salinas, CA 93908, state all the reasons why you contend that they are trade 21 fixtures. 22 SPECIAL INTERROGATORY NO. 6: 23 For all of what you contend are trade fixtures you had removed from any unit at 2272 24 Alisal Road, Salinas, CA 93908, state how you have used what you contend are trade fixtures 25 since their removal. 26 SPECIAL INTERROGATORY NO. 7: 27 State whether you instructed any individual to remove fixtures, other than what you 28 contend are trade fixtures, at any unit at 2272 Alisal Road, Salinas, CA 93908. SROG, Set One, to Simon Javaheri Case No. 23CV002199 2 1 SPECIAL INTERROGATORY NO. 8: 2 State whether fixtures, other than what you contend are trade fixtures, were removed 3 from any unit at 2272 Alisal Road, Salinas, CA 93908 from January 1, 2022 to April 15, 2022. 4 SPECIAL INTERROGATORY NO. 9: 5 To the extent not identified in special interrogatory two, identify, by stating the 6 individual’s name, address, telephone number, and email address, all individuals who were 7 removing fixtures, whether or not they were what you contend are trade fixtures, from any unit 8 at 2272 Alisal Road, Salinas, CA 93908 from January 1, 2022 to April 15, 2022. 9 SPECIAL INTERROGATORY NO. 10: 10 State whether you had any person overseeing the removal of what you contend are trade 11 fixtures at 2272 Alisal Road, Salinas, CA 93908 prior to April 15, 2022. 12 SPECIAL INTERROGATORY NO. 11: 13 Identify, by stating the individual’s name, address, telephone number, and email address, 14 the persons who were overseeing the removal of what you contend are trade fixtures at 2272 15 Alisal Road, Salinas, CA 93908. 16 SPECIAL INTERROGATORY NO. 12: 17 For all of what you contend are trade fixtures you had removed from any unit at 2272 18 Alisal Road, Salinas, CA 93908, state the value of those contended trade fixtures as of the date 19 removed. 20 SPECIAL INTERROGATORY NO. 13: 21 For all of what you contend are trade fixtures you had removed from any unit at 2272 22 Alisal Road, Salinas, CA 93908, state the value of those contended trade fixtures as of the date 23 you provide your response. 24 SPECIAL INTERROGATORY NO. 14: 25 For all fixtures, other than what you contend are trade fixtures, that were removed from 26 any unit at 2272 Alisal Road, Salinas, CA 93908 from January 1, 2022 to April 15, 2022, state 27 the value of those fixtures as of the date removed. 28 SROG, Set One, to Simon Javaheri Case No. 23CV002199 3 1 SPECIAL INTERROGATORY NO. 15: 2 For all fixtures, other than what you contend are trade fixtures, that were removed from 3 any unit at 2272 Alisal Road, Salinas, CA 93908 from January 1, 2022 to April 15, 2022, state 4 the value of those fixtures as of the date you provide your response. 5 SPECIAL INTERROGATORY NO. 16: 6 State whether you instructed any individual to remove what you contend are tenant 7 improvements at any unit at 2272 Alisal Road, Salinas, CA 93908. 8 SPECIAL INTERROGATORY NO. 17: 9 Identify, by stating the individual’s name, address, telephone number, and email address, 10 all individuals you instructed to remove what you contend are tenant improvements at any unit 11 at 2272 Alisal Road, Salinas, CA 93908. 12 SPECIAL INTERROGATORY NO. 18: 13 For each individual you instructed to remove what you contend are tenant improvements 14 at any unit at 2272 Alisal Road, Salinas, CA 93908, state the date you made the instruction. 15 SPECIAL INTERROGATORY NO. 19: 16 Identify all of what you contend are tenant improvements you had removed from any 17 unit at 2272 Alisal Road, Salinas, CA 93908 prior to April 15, 2022. 18 SPECIAL INTERROGATORY NO. 20: 19 For all of what you contend are tenant improvements you had removed from any unit at 20 2272 Alisal Road, Salinas, CA 93908, state all the reasons why you contend that they are tenant 21 improvements. 22 SPECIAL INTERROGATORY NO. 21: 23 For all of what you contend are tenant improvements you had removed from any unit at 24 2272 Alisal Road, Salinas, CA 93908, state how you have used those contended tenant 25 improvements since their removal. 26 27 // 28 // SROG, Set One, to Simon Javaheri Case No. 23CV002199 4 1 SPECIAL INTERROGATORY NO. 22: 2 Identify, by stating the individual’s name, address, telephone number, and email address, 3 all individuals observing when any unit at 2272 Alisal Road, Salinas, CA 93908 was being 4 vacated around April 15, 2022. 5 SPECIAL INTERROGATORY NO. 23: 6 State the reasons why any fixtures, other than what you contend are trade fixtures, were 7 removed from any unit at 2272 Alisal Road, Salinas, CA 93908 from January 1, 2022 to April 8 15, 2022. 9 10 GATES EISENHART DAWSON 11 12 Dated: November 6, 2023 _______________________________ 13 By: James L. Dawson Attorneys for Plaintiff 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SROG, Set One, to Simon Javaheri Case No. 23CV002199 5 EXHIBIT 5 DISC-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): James Dawson/Steven McLellan (SBN 73582/311395) GATES EISENHART DAWSON 125 South Market Street, Suite 1200 San Jose, CA 95113 TELEPHONE NO.: (408) 288-8100 FAX NO. (Optional): (408) 288-9409 E-MAIL ADDRESS (Optional): jld@gedlaw.com/sdm@gedlaw.com ATTORNEY FOR (Name): Castro Property Rentals LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF Monterey SHORT TITLE OF CASE: Castro Property Rentals LLC v. Javaheri et al. FORM INTERROGATORIES—GENERAL CASE NUMBER: 23CV002199 Asking Party: Castro Property Rentals LLC Answering Party: Simon Javaheri Set No.: 1 Sec. 1. Instructions to All Parties (c) Each answer must be as complete and straightforward (a) Interrogatories are written questions prepared by a party as the information reasonably available to you, including the to an action that are sent to any other party in the action to be information possessed by your attorneys or agents, permits. If answered under oath. The interrogatories below are form an interrogatory cannot be answered completely, answer it to interrogatories approved for use in civil cases. the extent possible. (b) For time limitations, requirements for service on other (d) If you do not have enough personal knowledge to fully parties, and other details, see Code of Civil Procedure answer an interrogatory, say so, but make a reasonable and sections 2030.010–2030.410 and the cases construing those good faith effort to get the information by asking other persons sections. or organizations, unless the information is equally available to (c) These form interrogatories do not change existing law the asking party. relating to interrogatories nor do they affect an answering (e) Whenever an interrogatory may be answered by party’s right to assert any privilege or make any objection. referring to a document, the document may be attached as an Sec. 2. Instructions to the Asking Party exhibit to the response and referred to in the response. If the (a) These interrogatories are designed for optional use by document has more than one page, refer to the page and parties in unlimited civil cases where the amount demanded section where the answer to the interrogatory can be found. exceeds $25,000. Separate interrogatories, Form Interrogatories—Limited Civil Cases (Economic Litigation) (f) Whenever an address and telephone number for the (form DISC-004), which have no subparts, are designed for same person are requested in more than one interrogatory, use in limited civil cases where the amount demanded is you are required to furnish them in answering only the first $25,000 or less; however, those interrogatories may also be interrogatory asking for that information. used in unlimited civil cases. (g) If you are asserting a privilege or making an objection to (b) Check the box next to each interrogatory that you want an interrogatory, you must specifically assert the privilege or the answering party to answer. Use care in choosing those state the objection in your written response. interrogatories that are applicable to the case. (h) Your answers to these interrogatories must be verified, (c) You may insert your own definition of INCIDENT in dated, and signed. You may wish to use the following form at Section 4, but only where the action arises from a course of the end of your answers: conduct or a series of events occurring over a period of time. I declare under penalty of perjury under the laws of the (d) The interrogatories in section 16.0, Defendant’s State of California that the foregoing answers are true and Contentions–Personal Injury, should not be used until the correct. defendant has had a reasonable opportunity to conduct an investigation or discovery of plaintiff’s injuries and damages. (Date) (SIGNATURE) (e) Additional interrogatories may be attached. Sec. 4. Definitions Sec. 3. Instructions to the Answering Party Words in BOLDFACE CAPITALS in these interrogatories are (a) An answer or other appropriate response must be defined as follows: given to each interrogatory checked by the asking party. (a) (Check one of the following): (b) As a general rule, within 30 days after you are served with these interrogatories, you must serve your responses on (1) INCIDENT includes the circumstances and the asking party and serve copies of your responses on all events surrounding the alleged accident, injury, or other parties to the action who have appeared. See Code of other occurrence or breach of contract giving rise to Civil Procedure sections 2030.260–2030.270 for details. this action or proceeding. Page 1 of 8 Form Approved for Optional Use Code of Civil Procedure, §§ Judicial Council of California FORM INTERROGATORIES—GENERAL 2030.010-2030.410, 2033.710 DISC-001 [Rev. January 1, 2008]