Preview
1 REID & HELL YER APC ELECTRONICALLY FILED
Michael G. Kerbs, State Bar No. 131620 SUPERIOR COURT OF CALIFORNIA
2 mkerbs@rhlaw.com COUNTY OF SAN BERNARDINO
Post Office Box 1300 SAN BERNARDINO DISTRICT
3 Riverside, California 92502-1300
3685 Main Street, Suite 300 3/12/2024 9:08 AM
4 Riverside, California 92501 By: Gilberto Villegas, DEPUTY
Telephone: (951)682-1771
5 Facsimile: (951)686-2415
6 Attorneys for Plaintiff
Wintech Development, Inc., a California Corporation
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT
10
Wintech Development, Inc., a California Case No. CIVSB2311717
Corporation,
Judge: Hon. Jeffrey R. Erickson
Plaintiff, Department: S14
v. DECLARATION OF MICHAEL G. KERBS
IN SUPPORT OF MOTION TO COMPEL
98 Plaza LLC, a California Limited Liability INITIAL RESPONSES TO DISCOVERY
Company and DOES 1 through 50, inclusive, REQUEST; REQUEST FOR ORDER
AWARDING MONETARY SANCTIONS
AGAINST DEFENDANT 98 PLAZA, LLC
Defendants IN THE SUM OF $4,920
[Filed Concurrently with Notice of Motion
and Memorandum of Points and Authorities
and Proposed Order]
19
Date: April 24,2024
20 Time: 8:30 a.m.
Dept. S14
21
Complaint Filed: May 26,2023
22
23
24
25
26
27
28
_________________________________________________ -1 -________________________________________________
DECLARATION OF MICHAEL G. KERBS ISO MOTION TO COMPEL INITIAL RESPONSES AND FOR
ORDER DEEMING DOCUMENTS AND MATTERS ADMITTED; SANCTIONS AGAINST DEFENDANT
S:\wd\W1 186\001\PLDGS\MTC INITIAL DISC RESP I4-24-241\DECL MGK 001 Imtn to comnell.docx
1 I, Michael G. Kerbs, declare:
2 1. I am an attorney duly licensed to practice in all Courts of the State of California and
3 am a member of Reid & Hellyer, attorneys of record for plaintiff Wintech Development, Inc.
4 herein. The facts set forth herein are of my own personal knowledge and if sworn I could and
5 would testify competently thereto.
6 2. On November 9,2023,1 caused to be served on defendant 98 Plaza, LLC
7 (“Defendant”) Form Interrogatories, Set One; Requests for Admission, Set One; Requests for
8 Admission (Genuineness of Documents), Set One; and Requests for Production of Documents, Set
9 One on Defendant. True and correct copies of this discovery are attached hereto as Exhibits “A”
10 through “D” respectively. Responses to this discovery were due on December 13,2023. No
extensions were sought by Defendant.
3. On December 5, 2023, Defendant served unverified and incomplete “responses” and
improper objections to Form Interrogatories. A true and correct copy of Defendant’s “responses” to
Form Interrogatories, Set One is attached hereto as Exhibit “E”.
4. On December 12,2023, Defendant served unverified “responses” to Request for
Admissions primarily consisting of denials based solely on unfounded objections. A true and
correct copy of Defendant’s “responses” to Requests for Admissions, Set One is attached hereto as
“F”.
19 5. I caused to be propounded only nine document demands to Defendant and only two
20 requests to admit the genuineness of two documents. Nevertheless, Defendant never served any
21 response to these demands.
22 6. Defendant’s failure to provide substantive, verified responses means that plaintiff is
23 unable to proceed with meaningful discovery. The information requested is necessary to proceed
24 with depositions, file substantive motions, and to effectively prosecute the Complaint and
25 otherwise prepare for trial.
26 7. After receipt of Defendant’s unverified “responses,” and failure to respond, on
27 December 27,2023,1 sent a letter to Defendant’s counsel via email and mail detailing the lack of
28 verified responses, improper and insufficient responses and objections, and failure to provide
-2-
DECLARATION OF MICHAEL G. KERBS ISO MOTION TO COMPEL INITIAL RESPONSES AND FOR
ORDER DEEMING DOCUMENTS AND MATTERS ADMITTED; SANCTIONS AGAINST DEFENDANT
S:\wd\W1 186\001\PLDGS\MTC INITIAL DISC RESP I4-24-241\DECL MGK 001 Imtn to comoell.docx
Preview
1 REID & HELL YER APC ELECTRONICALLY FILED Michael G. Kerbs, State Bar No. 131620 SUPERIOR COURT OF CALIFORNIA 2 mkerbs@rhlaw.com COUNTY OF SAN BERNARDINO Post Office Box 1300 SAN BERNARDINO DISTRICT 3 Riverside, California 92502-1300 3685 Main Street, Suite 300 3/12/2024 9:08 AM 4 Riverside, California 92501 By: Gilberto Villegas, DEPUTY Telephone: (951)682-1771 5 Facsimile: (951)686-2415 6 Attorneys for Plaintiff Wintech Development, Inc., a California Corporation 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN BERNARDINO, SAN BERNARDINO DISTRICT 10 Wintech Development, Inc., a California Case No. CIVSB2311717 Corporation, Judge: Hon. Jeffrey R. Erickson Plaintiff, Department: S14 v. DECLARATION OF MICHAEL G. KERBS IN SUPPORT OF MOTION TO COMPEL 98 Plaza LLC, a California Limited Liability INITIAL RESPONSES TO DISCOVERY Company and DOES 1 through 50, inclusive, REQUEST; REQUEST FOR ORDER AWARDING MONETARY SANCTIONS AGAINST DEFENDANT 98 PLAZA, LLC Defendants IN THE SUM OF $4,920 [Filed Concurrently with Notice of Motion and Memorandum of Points and Authorities and Proposed Order] 19 Date: April 24,2024 20 Time: 8:30 a.m. Dept. S14 21 Complaint Filed: May 26,2023 22 23 24 25 26 27 28 _________________________________________________ -1 -________________________________________________ DECLARATION OF MICHAEL G. KERBS ISO MOTION TO COMPEL INITIAL RESPONSES AND FOR ORDER DEEMING DOCUMENTS AND MATTERS ADMITTED; SANCTIONS AGAINST DEFENDANT S:\wd\W1 186\001\PLDGS\MTC INITIAL DISC RESP I4-24-241\DECL MGK 001 Imtn to comnell.docx 1 I, Michael G. Kerbs, declare: 2 1. I am an attorney duly licensed to practice in all Courts of the State of California and 3 am a member of Reid & Hellyer, attorneys of record for plaintiff Wintech Development, Inc. 4 herein. The facts set forth herein are of my own personal knowledge and if sworn I could and 5 would testify competently thereto. 6 2. On November 9,2023,1 caused to be served on defendant 98 Plaza, LLC 7 (“Defendant”) Form Interrogatories, Set One; Requests for Admission, Set One; Requests for 8 Admission (Genuineness of Documents), Set One; and Requests for Production of Documents, Set 9 One on Defendant. True and correct copies of this discovery are attached hereto as Exhibits “A” 10 through “D” respectively. Responses to this discovery were due on December 13,2023. No extensions were sought by Defendant. 3. On December 5, 2023, Defendant served unverified and incomplete “responses” and improper objections to Form Interrogatories. A true and correct copy of Defendant’s “responses” to Form Interrogatories, Set One is attached hereto as Exhibit “E”. 4. On December 12,2023, Defendant served unverified “responses” to Request for Admissions primarily consisting of denials based solely on unfounded objections. A true and correct copy of Defendant’s “responses” to Requests for Admissions, Set One is attached hereto as “F”. 19 5. I caused to be propounded only nine document demands to Defendant and only two 20 requests to admit the genuineness of two documents. Nevertheless, Defendant never served any 21 response to these demands. 22 6. Defendant’s failure to provide substantive, verified responses means that plaintiff is 23 unable to proceed with meaningful discovery. The information requested is necessary to proceed 24 with depositions, file substantive motions, and to effectively prosecute the Complaint and 25 otherwise prepare for trial. 26 7. After receipt of Defendant’s unverified “responses,” and failure to respond, on 27 December 27,2023,1 sent a letter to Defendant’s counsel via email and mail detailing the lack of 28 verified responses, improper and insufficient responses and objections, and failure to provide -2- DECLARATION OF MICHAEL G. KERBS ISO MOTION TO COMPEL INITIAL RESPONSES AND FOR ORDER DEEMING DOCUMENTS AND MATTERS ADMITTED; SANCTIONS AGAINST DEFENDANT S:\wd\W1 186\001\PLDGS\MTC INITIAL DISC RESP I4-24-241\DECL MGK 001 Imtn to comoell.docx