Preview
1 ROB BONTA 3/26/2024
Attorney General of California
2 JERRY J. DESCHLER
Supervising Deputy Attorney General
3 State Bar No. 215691
1300 I Street, Suite 125
4 P.O. Box 944255
Sacramento, CA 94244-2550
5 Telephone: (916) 210-7871
Fax: (916) 324-5567
6 E-mail: Jerry.Deschler@doj.ca.gov
Attorneys for Defendants
7 Board of Trustees of the California State University,
which is the State of California acting in its higher
8 education capacity (erroneously sued as “Trustees
of the California State University, State of
9 California”) and Cynthia Daley
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF BUTTE
12 CIVIL DIVISION
13
14
TERESA RANDOLPH, Case No. 19CV01226
15
Plaintiff,
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v. DEFENDANT’S NOTICE OF MOTION
17 AND MOTION TO COMPEL
RESPONSES TO REQUESTS FOR
18 TRUSTEES OF THE CALIFORNIA PRODUCTION OF DOCUMENTS AND
STATE UNIVERSITY, STATE OF MOTION FOR SANCTIONS
19 CALIFORNIA, AND CYNTHIA DALEY,
AN INDIVIDUAL, AND DEBRA LARSON, Date: April 24, 2024
20 AN INDIVIDUAL,, Time: 9:00 am
Dept: 6
21 Defendant. Judge: The Honorable Stephen E.
Benson
22 Trial Date:
Action Filed: April 24, 2019
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25 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
26 PLEASE TAKE NOTICE that on April 24, 2024 at 9:00 a.m., or as soon thereafter as the
27 matter can be heard, in Department 6 of the above-entitled court located at 1775 Concord
28 Avenue, Chico, California 95928, Defendant Board of Trustees of the California State
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Defendant’s Notice of Motion and Motion to Compel Further Production and Motion For Sanctions (19CV01226)
1 University, at the California State University, Chico campus (“CSU”) will move, and hereby
2 moves, the Court for an order compelling Plaintiff Teresa Randolph (“Plaintiff”) to provide
3 complete, verified responses to the CSU’s Request for Production of Documents, Sets Two (Exh.
4 H) and Three (not attached, as Randolph never responded). The CSU also requests monetary
5 sanctions in the amount of $3,465 pursuant to Code of Civil Procedure, sections 2023.030, subd.
6 (a) and 2031.300, subd. (c). Specifically, the CSU requests that the Court order Plaintiff to
7 provide verifications for all responses to the CSU’s request for production of documents. The
8 CSU further requests that the Court order Plaintiff to provide further, complete responses to:
9 Requests for Production of Documents, Set Two, requests 103, 105, and 107; and Requests for
10 Production of Documents, Set Three, requests 118 and 119.
11 This motion is made on the grounds that Plaintiff has not provided adequate and verified
12 responses to the Department’s request for production of documents, and Plaintiff’s unverified
13 responses are deficient and do not comply with his obligations under the Discovery Act.
14 The motion will be based upon this Notice of Motion and Motion, the accompanying
15 Memorandum of Points and Authorities, the Separate Statement, all declarations filed in support
16 of the motion, all exhibits filed in support of the motion, the entire court file, all pleadings in this
17 case, and upon all oral, documentary, and demonstrative evidence or pleadings that may be
18 presented at or prior to the hearing.
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Defendant’s Notice of Motion and Motion to Compel Further Production and Motion For Sanctions (19CV01226)
1 PLEASE ALSO TAKE NOTICE that pursuant to Local Rule 2.9, the court follows the
2 tentative ruling procedure set forth in California Rules of Court, rule 3.1308(a)(1). Tentative
3 rulings on law and motion matters will be available on the Court’s website at
4 www.buttecourt.ca.gov and by telephone at (530) 532-7022 by 3:00 p.m. on the court day
5 preceding the hearing.
6 Dated: March 26, 2024 Respectfully submitted,
7 ROB BONTA
Attorney General of California
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JERRY J. DESCHLER
11 Supervising Deputy Attorney General
Attorneys for Defendants
12 Board of Trustees of the California State
University, which is the State of California
13 acting in its higher education capacity
(erroneously sued as “Trustees of the
14 California State University, State of
California”) and Cynthia Daley
15 SA2019102196
37947001.docx
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Defendant’s Notice of Motion and Motion to Compel Further Production and Motion For Sanctions (19CV01226)
DECLARATION OF SERVICE BY E-MAIL
Case Name: Teresa Randolph v. Trustees of the California State University, et al.
No.: 19CV01226
I declare:
I am employed in the Office of the Attorney General, which is the office of a member of the
California State Bar, at which member's direction this service is made. I am 18 years of age or
older and not a party to this matter.
On March 26, 2024, I served the attached DEFENDANT'S NOTICE OF MOTION AND
MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF
DOCUMENTS AND MOTION FOR SANCTIONS by transmitting a true copy via electronic
mail addressed as follows:
Thomas Dimitre
Thomas Dimitre Attorney at Law LLC
E-mail Address: dimitre@mind.net
I declare under penalty of perjury under the laws of the State of California and the United States
of America the foregoing is true and correct and that this declaration was executed on March 26,
2024, at Sacramento, California.
Christopher R. Irby S/ Christopher R. Irby
Declarant Signature
SA2019102196
37965075.docx
Preview
1 ROB BONTA 3/26/2024 Attorney General of California 2 JERRY J. DESCHLER Supervising Deputy Attorney General 3 State Bar No. 215691 1300 I Street, Suite 125 4 P.O. Box 944255 Sacramento, CA 94244-2550 5 Telephone: (916) 210-7871 Fax: (916) 324-5567 6 E-mail: Jerry.Deschler@doj.ca.gov Attorneys for Defendants 7 Board of Trustees of the California State University, which is the State of California acting in its higher 8 education capacity (erroneously sued as “Trustees of the California State University, State of 9 California”) and Cynthia Daley 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF BUTTE 12 CIVIL DIVISION 13 14 TERESA RANDOLPH, Case No. 19CV01226 15 Plaintiff, 16 v. DEFENDANT’S NOTICE OF MOTION 17 AND MOTION TO COMPEL RESPONSES TO REQUESTS FOR 18 TRUSTEES OF THE CALIFORNIA PRODUCTION OF DOCUMENTS AND STATE UNIVERSITY, STATE OF MOTION FOR SANCTIONS 19 CALIFORNIA, AND CYNTHIA DALEY, AN INDIVIDUAL, AND DEBRA LARSON, Date: April 24, 2024 20 AN INDIVIDUAL,, Time: 9:00 am Dept: 6 21 Defendant. Judge: The Honorable Stephen E. Benson 22 Trial Date: Action Filed: April 24, 2019 23 24 25 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 26 PLEASE TAKE NOTICE that on April 24, 2024 at 9:00 a.m., or as soon thereafter as the 27 matter can be heard, in Department 6 of the above-entitled court located at 1775 Concord 28 Avenue, Chico, California 95928, Defendant Board of Trustees of the California State 1 Defendant’s Notice of Motion and Motion to Compel Further Production and Motion For Sanctions (19CV01226) 1 University, at the California State University, Chico campus (“CSU”) will move, and hereby 2 moves, the Court for an order compelling Plaintiff Teresa Randolph (“Plaintiff”) to provide 3 complete, verified responses to the CSU’s Request for Production of Documents, Sets Two (Exh. 4 H) and Three (not attached, as Randolph never responded). The CSU also requests monetary 5 sanctions in the amount of $3,465 pursuant to Code of Civil Procedure, sections 2023.030, subd. 6 (a) and 2031.300, subd. (c). Specifically, the CSU requests that the Court order Plaintiff to 7 provide verifications for all responses to the CSU’s request for production of documents. The 8 CSU further requests that the Court order Plaintiff to provide further, complete responses to: 9 Requests for Production of Documents, Set Two, requests 103, 105, and 107; and Requests for 10 Production of Documents, Set Three, requests 118 and 119. 11 This motion is made on the grounds that Plaintiff has not provided adequate and verified 12 responses to the Department’s request for production of documents, and Plaintiff’s unverified 13 responses are deficient and do not comply with his obligations under the Discovery Act. 14 The motion will be based upon this Notice of Motion and Motion, the accompanying 15 Memorandum of Points and Authorities, the Separate Statement, all declarations filed in support 16 of the motion, all exhibits filed in support of the motion, the entire court file, all pleadings in this 17 case, and upon all oral, documentary, and demonstrative evidence or pleadings that may be 18 presented at or prior to the hearing. 19 /// 20 21 22 23 24 25 26 27 28 2 Defendant’s Notice of Motion and Motion to Compel Further Production and Motion For Sanctions (19CV01226) 1 PLEASE ALSO TAKE NOTICE that pursuant to Local Rule 2.9, the court follows the 2 tentative ruling procedure set forth in California Rules of Court, rule 3.1308(a)(1). Tentative 3 rulings on law and motion matters will be available on the Court’s website at 4 www.buttecourt.ca.gov and by telephone at (530) 532-7022 by 3:00 p.m. on the court day 5 preceding the hearing. 6 Dated: March 26, 2024 Respectfully submitted, 7 ROB BONTA Attorney General of California 8 9 10 JERRY J. DESCHLER 11 Supervising Deputy Attorney General Attorneys for Defendants 12 Board of Trustees of the California State University, which is the State of California 13 acting in its higher education capacity (erroneously sued as “Trustees of the 14 California State University, State of California”) and Cynthia Daley 15 SA2019102196 37947001.docx 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Defendant’s Notice of Motion and Motion to Compel Further Production and Motion For Sanctions (19CV01226) DECLARATION OF SERVICE BY E-MAIL Case Name: Teresa Randolph v. Trustees of the California State University, et al. No.: 19CV01226 I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. On March 26, 2024, I served the attached DEFENDANT'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS AND MOTION FOR SANCTIONS by transmitting a true copy via electronic mail addressed as follows: Thomas Dimitre Thomas Dimitre Attorney at Law LLC E-mail Address: dimitre@mind.net I declare under penalty of perjury under the laws of the State of California and the United States of America the foregoing is true and correct and that this declaration was executed on March 26, 2024, at Sacramento, California. Christopher R. Irby S/ Christopher R. Irby Declarant Signature SA2019102196 37965075.docx