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1 Christopher M. McDonald (SBN 198093)
Zeana Zoreikat (SBN 347009)
2 MURCHISON & CUMMING, LLP
18201 Von Karman Avenue, Suite 950
3 Irvine, California 92612-1077
Telephone: (714) 972-9977
4 Facsimile: (714) 972-1404
E-Mail cmcdonald@murchisonlaw.com
5 E-Mail zzoreikat@murchisonlaw.com
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Attorneys for Defendant, OLD TOWN
7 HOSPITALITY, LLC
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SANTA BARBARA, ANACAPA COURTHOUSE
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11 RENEE YANCHECK, an individual, CASE NO. 21CV00800
12 Plaintiff, Assigned for All Purposes to:
Hon. Colleen K. Sterne
13 vs. Dept. 5
14 SANDBAR RESTAURANT, a business
entity type unknown; and DOES 1 through DEFENDANT, OLD TOWN
15 50, Inclusive, HOSPITALITY, LLC'S OPPOSITION TO
PLAINTIFF, RENEE YANCHEK'S
16 Defendants. MOTION TO COMPEL FURTHER
RESPONSES TO SPECIAL
17 INTERROGATORIES, SET ONE; AND
REQUEST FOR SANCTIONS
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Hearing Date: April 15, 2024
19 Time: 8:30 A.M.
Dept.: SB5
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21 Defendant, OLD TOWN HOSPITALITY, LLC , submits its Opposition to Plaintiff,
22 RENEE YANCHECK's Motion to Compel Further Responses to Special Interrogatories,
23 Set One, as follows:
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DEFENDANT, OLD TOWN HOSPITALITY, LLC'S OPPOSITION TO PLAINTIFF, RENEE YANCHEK'S
MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE; AND
REQUEST FOR SANCTIONS
1 I.
2 INTRODUCTION & RELEVANT FACTS
3 In this case, Plaintiff alleges that on March 22, 2019, she slipped and fell inside of a
4 handicap restroom of the Sandbar Restaurant. She alleges that the fall caused her to suffer
5 injury and damages to various parts of her body including her right hip and neck.
6 Plaintiff filed this action on March 1, 2021. On May 8, 2023, Plaintiff amended her
7 complaint to include Defendant OLD TOWN HOSPITALITY, LLC ("Old Town") as a party to
8 this case. On October 20, 2023, Plaintiff served Old Town with Plaintiff's Form
9 Interrogatories, Special Interrogatories, Requests for Production of Document's, and
10 Requests for Admissions. (Declaration of Zeana Zoreikat.)
11 On January 2, 2024, Old Town served responses to Plaintiff's Special Interrogatories.
12 On January 2, 2024, Plaintiff sent an email to counsel for Old Town regarding Old Town's
13 responses to Plaintiff's Special Interrogatories. On January 24, 2024 Old Town had sent
14 Plaintiff a meet-and-confer letter regarding Plaintiff's further responses to Old Town's
15 discovery requests. On February 7, 2024, Plaintiff counsel's office requested an extension
16 to provide further responses to Old Town.
17 At no time, did Plaintiff counsel follow-up to discuss Old Town's responses to
18 Plaintiff's discovery requests, despite the parties being engaged in ongoing communications
19 regarding other discovery. On February 21, 2024, Plaintiff served Plaintiff's Motion to
20 Compel. (Declaration of Zeana Zoreikat.)
21 On March 29, 2024, Old Town served substantive responses to Plaintiff's discovery
22 requests. To date, Plaintiff has not identified Old Town's substantive responses as evasive
23 or incomplete. (Declaration of Zeana Zoreikat.)
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DEFENDANT, OLD TOWN HOSPITALITY, LLC'S OPPOSITION TO PLAINTIFF, RENEE YANCHEK'S
MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE; AND
REQUEST FOR SANCTIONS
1 II.
2 ARUGUMENT
3 A. PLAINTIFF'S MEET AND CONFER AS TO OLD TOWN'S RESPONSES IS
4 DEFICIENT
5 The parties had worked together to coordinate extensions to discovery for both
6 Plaintiff and Old Town. However, when the handling attorney left Plaintiff's law firm, those
7 communications broke down for a short time. Following the holiday season, on January 2,
8 2024, Old Town served initial responses to Plaintiff's discovery requests. Plaintiff
9 immediately sent an email to counsel for Old Town requesting substantive responses. Old
10 Town indicated that they would work on preparing said responses and send them to Plaintiff.
11 Other than a single email, Plaintiff's counsel did not attempt to reach out to counsel
12 for Old Town to address their concerns regarding discovery informally, despite Plaintiff's
13 counsel's office being in communications with Old Town's counsel regarding Plaintiff's
14 further responses to Old Towns discovery. As such, Plaintiff's counsel had several
15 opportunities to address their concerns regarding discovery informally, however they chose
16 not to do so.
17 B. OBJECTION ONLY RESPONSES ARE VALID RESPONSES UNDER THE CODE
18 California Code of Civil Procedure section 2030.210, subdivision (a) states, "The
19 party to whom interrogatories have been propounded shall respond in writing under oath
20 separately to each interrogatory by any of the following: … (3) An objection to the particular
21 interrogatory." California Code of Civil Procedure section 2023.250 states, in relevant part,
22 "(a) The party to whom the interrogatories are directed shall sign the response under oath
23 unless the response contains only objections. … (c) The attorney for the responding party
24 shall sign any responses that contain an objection."
25 On January 2, 2024, Old Town served their initial responses. As such when the
26 responses were served, they were valid, Code-compliant responses.
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DEFENDANT, OLD TOWN HOSPITALITY, LLC'S OPPOSITION TO PLAINTIFF, RENEE YANCHEK'S
MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE; AND
REQUEST FOR SANCTIONS
1 C. PLAINTIFF'S MOTION SHOULD BE DENIED BECAUSE OLD TOWN ALREADY
2 SERVED ITS RESPONSES TO DISCOVERY
3 On March 29, 2024, Old Town served responses to the Plaintiff's discovery requests.
4 In its responses, Old Town provided substantive responses to Plaintiff's interrogatories
5 contained in Plaintiff's Special Interrogatories. Neither Plaintiff's Motion to Compel nor any
6 meet and confer correspondence contend Old Town's responses are evasive or incomplete.
7 For this reason, Plaintiff's Motion to Compel is moot and should be denied.
8 D. SANCTIONS ARE NOT WARRANTED IN THIS CASE
9 "Monetary sanctions are designed to recompense those who are the victims of
10 misuse of the Discovery Act." Townsend v. Superior Ct., 61 Cal. App. 4th 1431, 1438, 72
11 Cal. Rptr. 2d 333, 337 (1998) (Citations omitted.). California Code of Civil Procedure section
12 2030.300, subdivision (d), states, "The court shall impose a monetary sanction … against
13 any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a
14 further response to interrogatories, unless it finds that the one subject to the sanction acted
15 with substantial justification or that other circumstances make the imposition of the sanction
16 unjust."
17 In the instant case, the imposition of a sanction would be unjust because the initial
18 answers are Code compliant, and Plaintiff's meet and confer was deficient. Furthermore, as
19 mentioned above, due to the change of counsel for Plaintiff, communications broke down
20 between the parties regarding a variety of case handling issues. However, the parties had
21 been in communication regarding other discovery issues, during which Plaintiff's counsel
22 could have voiced their concerns, and did not. For these reasons, sanctions should not be
23 imposed.
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DEFENDANT, OLD TOWN HOSPITALITY, LLC'S OPPOSITION TO PLAINTIFF, RENEE YANCHEK'S
MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE; AND
REQUEST FOR SANCTIONS
1 III.
2 CONCLUSION
3 For the foregoing reasons, Old Town respectfully requests this Court deny Plaintiff's
4 motion.
5
6 DATED: April 2, 2024 MURCHISON & CUMMING, LLP
7
By:
8
Christopher M. McDonald
9 Zeana Zoreikat
Attorneys for Defendant, OLD TOWN
10 HOSPITALITY, LLC
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DEFENDANT, OLD TOWN HOSPITALITY, LLC'S OPPOSITION TO PLAINTIFF, RENEE YANCHEK'S
MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE; AND
REQUEST FOR SANCTIONS
1 DECLARATION OF ZEANA ZOREIKAT, ESQ.
2 I, Zeana Zoreikat, declare and state:
3 I am an attorney duly licensed to practice before all of the courts of the State of
4 California, and am an attorney with the law firm of Murchison & Cumming, LLP, attorneys of
5 record for Defendant OLD TOWN HOSPITALITY, LLC ("Old Town"), in the above-captioned
6 case. I make this declaration in support of Old Town's opposition to Plaintiff's Motion to
7 Compel Reponses. I have personal knowledge of all facts set forth below and if called as a
8 witness could and would competently testify thereto.
9 1. Plaintiff filed this action on March 1, 2021. On May 8, 2023, Plaintiff amended
10 her complaint to include Defendant OLD TOWN HOSPITALITY, LLC ("Old Town") as a party
11 to this case. On October 20, 2023, Plaintiff served Old Town with Plaintiff's Form
12 Interrogatories, Special Interrogatories, Requests for Production of Document's, and
13 Requests for Admissions. A true and correct copy of Plaintiff's Special Interrogatories, Set
14 One is attached hereto as EXHIBIT A.
15 2. On January 2, 2024, Old Town served responses to Plaintiff's Special
16 Interrogatories. On January 2, 2024, Plaintiff sent an email to counsel for Old Town
17 regarding Old Town's responses to Plaintiff's Special Interrogatories. On January 24, 2024
18 Old Town had sent Plaintiff a meet and confer letter regarding Plaintiff's further responses
19 to Old Town's discovery requests. A true and correct copy of Old Town's initial responses to
20 Plaintiff's Special Interrogatories, Set One is attached hereto as EXHIBIT B.
21 3. On February 7, 2024, Plaintiff counsel's office requested an extension to
22 provide further responses to Old Town. At no time, did Plaintiff's follow-up to discuss Old
23 Town's responses to Plaintiff's discovery requests, despite the parties being engaged in
24 ongoing communications regarding other discovery. A true and correct copy of my email
25 correspondence with Plaintiff's counsel's office is attached hereto as EXHIBIT C.
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DEFENDANT, OLD TOWN HOSPITALITY, LLC'S OPPOSITION TO PLAINTIFF, RENEE YANCHEK'S
MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE; AND
REQUEST FOR SANCTIONS
1 4. On March 29, 2023, Old Town served its substantive responses to the
2 Plaintiff's Special Interrogatories, Set One. A true and correct copy of Old Town's substantive
3 responses to Plaintiff's Special Interrogatories, Set One is attached hereto as EXHIBIT D.
4 I declare under penalty of perjury under the laws of the State of California that the
5 foregoing is true and correct.
6 Executed on this 2nd day of April, 2024, at Irvine, California.
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Zeana Zoreikat
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DEFENDANT, OLD TOWN HOSPITALITY, LLC'S OPPOSITION TO PLAINTIFF, RENEE YANCHEK'S
MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE; AND
REQUEST FOR SANCTIONS
EXHIBIT "A"
THE WALLACE FIRM, PC
1 BRADLEY S. WALLACE, ESQ. (SBN 243169)
contact@wallacefirm.email
2 GISSELA ARRINCON-TEPELI, ESQ. (SBN #309803)
gissela@wallacefirm.email
3 16000 Ventura Blvd., Suite 440
Encino, CA 91436
4 Tel: 818-476-5998
Fax: 818-476-5598
5
LAW OFFICES OF BRANDON SUA & ASSOCIATES
6 BRANDON SUA, ESQ. (SBN #291476)
sua@lawyer.com
7 5756 E Ventura Ave,
Simi Valley, CA 93063
8 Telephone: (805) 842-2000
Facsimile: (805) 842-2001
9
Telephone: (818) 476-5998; Facsimile: (818) 476-5598
Attorney for Plaintiff, RENEE YANCHECK
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
11
COUNTY OF SANTA BARBARA
16000 VENTURA BLVD., SUITE 440
12
THE WALLACE FIRM, PC
ENCINO, CALIFORNIA 91436
13 RENEE YANCHECK, an individual; ) Case No.: 21CV00800
)
14 Plaintiff, )
)
15 vs. ) PLAINTIFF RENEE YANCHECK’S
) SPECIAL INTERROGATORIES TO
16 SANDBAR RESTAURANT, a business ) DEFENDANT OLD TOWN HOSPITALITY,
entity type unknown; and DOES 1 through ) LLC -(SET ONE)
17 50, Inclusive. )
)
18 Defendants. )
)
19 )
)
20
21 PROPOUNDING PARTY: Plaintiff, RENEE YANCHECK
22 RESPONDING PARTY: Defendant, OLD TOWN HOSPITALITY, LLC
23 SET NUMBER: ONE (1)
24 Pursuant to California Code of Civil Procedure §2030.010, et seq., Plaintiff, RENEE
25 YANCHECK, (“Plaintiff” or “Propounding Party”) hereby demands that Defendant, OLD TOWN
26 HOSPITALITY, LLC, (“Defendant”, “Responding Party”) respond under oath and in writing to the
27 following Special Interrogatories (Set One) no later than thirty (30) days from the date of service.
28 ///
1
PLAINTIFF RENEE YANCHECK’S SPECIAL INTERROGATORIES TO DEFENDANT OLD TOWN
32 HOSPITALITY, LLC -(SET ONE)
1 DEFINITIONS OF TERMS
2 The following definitions shall apply:
3 1. “PLAINTIFF” refers to Plaintiff RENEE YANCHECK.
4 2. “INCIDENT” as used herein refers to the circumstances and events surrounding the
5 alleged accident, injury, or occurrence which occurred on or about March 22, 2019, and which gives
6 rise to this action or proceeding.
7 3. “PROPERTY” shall mean the property located at 514 State Street, Santa Barbara,
8 CA 93101.
9 4. “YOU” and “YOUR” shall refer to responding Defendant, or party, and any and all
Telephone: (818) 476-5998; Facsimile: (818) 476-5598
10 agents, servants, and employees of said Defendant, or party, which were, or are, in said Defendant or
11 party’s employ or for which work was performed on YOUR behalf.
16000 VENTURA BLVD., SUITE 440
12 5. “PERSON” shall mean and include a natural person, firm, association, organization,
THE WALLACE FIRM, PC
ENCINO, CALIFORNIA 91436
13 partnership, business, trust, corporation, or public entity.
14 6. “IDENTIFY” in regard to a PERSON means to provide their name, present work,
15 address, and phone number in sufficient detail so that he or she may be specified in a deposition.
16 “IDENTIFY” in regard to a document means to describe it in sufficient detail so that it may be
17 specified in a request for production of documents or in a subpoena duces tecum. “IDENTIFY” in
18 regard to anything else means to describe with specificity.
19 7. “DOCUMENT” or “DOCUMENTS” as used herein shall mean all tangible things
20 including, without limitation, papers, tape or other forms of audio, visual, or audio/visual recordings,
21 drawings, films, graphs, charts, photographs, phone records and any retrievable data, whether in
22 computer storage, carded, punched, taped, or code form, or stored electro-statistically, electro-
23 magnetically or otherwise. Without limiting the generality of the foregoing, “document” specifically
24 includes, but is not limited to, all contracts, agreements, forms, correspondence, letters, telegrams,
25 telephone messages, notices, notes, memoranda, records, reports, diaries, minutes, statements, work
26 sheets, summaries, books, journals, ledgers, audits, maps, diagrams, drafts, newspapers, appointment
27 books, desk calendars, notes or summaries of personal interviews or conversations, messages
28 (including, but not limited to, reports of telephone conversations and conference),
2
PLAINTIFF RENEE YANCHECK’S SPECIAL INTERROGATORIES TO DEFENDANT OLD TOWN
32 HOSPITALITY, LLC -(SET ONE)
1 acknowledgements, telexes, all other written or printed matter of any kind, all other data compilation
2 from which information can be obtained and translated if necessary, as well as all other tangible
3 things which come within the definition of “writing” contained in Section 250 of the Evidence Code
4 and include all records saved or stored on Computer Readable Storage Media as defined by Evidence
5 Code § 1500.5. The DOCUMENTS requested hereby specifically include, but are not limited to,
6 documents in the defendant's possession, custody, or control, or the possession, custody, or control
7 of the defendant's present and former employees, agents, attorneys, accountants, auditors, directors,
8 officers, affiliates, and any other person or entity acting, or who has acted, on defendant's behalf.
9 SPECIAL INTERROGATORIES (SET ONE)
Telephone: (818) 476-5998; Facsimile: (818) 476-5598
10 SPECIAL INTERROGATORY 1.
11 IDENTIFY each and every owner of the PROPERTY on March 22, 2019.
16000 VENTURA BLVD., SUITE 440
12 SPECIAL INTERROGATORY 2.
THE WALLACE FIRM, PC
ENCINO, CALIFORNIA 91436
13 IDENTIFY each manager of the PROPERTY on March 22, 2019.
14 SPECIAL INTERROGATORY 3.
15 IDENTIFY each and every lessor of the PROPERTY on March 22, 2019.
16 SPECIAL INTERROGATORY 4.
17 IDENTIFY each and every lessee of the PROPERTY on March 22, 2019.
18 SPECIAL INTERROGATORY 5.
19 IDENTIFY each and every owner of the business known as SANDBAR RESTAURANT,
20 located at the PROPERTY on March 22, 2019.
21 SPECIAL INTERROGATORY 6.
22 IDENTIFY each manager of the business known as SANDBAR RESTAURANT, located at
23 the PROPERTY on March 22, 2019.
24 SPECIAL INTERROGATORY 7.
25 IDENTIFY each employee of the business known as SANDBAR RESTAURANT, located at
26 the PROPERTY on March 22, 2019.
27 ///
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PLAINTIFF RENEE YANCHECK’S SPECIAL INTERROGATORIES TO DEFENDANT OLD TOWN
32 HOSPITALITY, LLC -(SET ONE)
1 SPECIAL INTERROGATORY 8.
2 State the job title of each employee of the business known as SANDBAR RESTAURANT,
3 located at the PROPERTY on March 22, 2019.
4 SPECIAL INTERROGATORY 9.
5 For each employee of the business known as SANDBAR RESTAURANT, located at the
6 PROPERTY on March 22, 2019, state the hours each said employee worked on March 22, 2019.
7 SPECIAL INTERROGATORY 10.
8 IDENTIFY each PERSON who was responsible for maintaining the floors at the business
9 known as SANDBAR RESTAURANT, located at the PROPERTY on March 22, 2019.
Telephone: (818) 476-5998; Facsimile: (818) 476-5598
10 SPECIAL INTERROGATORY 11.
11 IDENTIFY each PERSON who was responsible for inspecting the floors at the business
16000 VENTURA BLVD., SUITE 440
12 known as SANDBAR RESTAURANT, located at the PROPERTY on March 22, 2019.
THE WALLACE FIRM, PC
ENCINO, CALIFORNIA 91436
13 SPECIAL INTERROGATORY 12.
14 State the time of each inspection made of the floors at the business know as SANDBAR
15 RESTAURANT, located at the PROPERTY on March 22, 2019.
16 SPECIAL INTERROGATORY 13.
17 For each inspection made of the floors at the business known as SANDBAR
18 RESTAURANT, located at the PROPERTY on March 22, 2019, IDENTIFY each PERSON who
19 made said inspection.
20 SPECIAL INTERROGATORY 14.
21 For each inspection made of the floors at the business known as SANDBAR RESTAURANT,
22 located at the PROPERTY on March 22, 2019, state what was found upon each said inspection.
23 SPECIAL INTERROGATORY 15.
24 Did the INCIDENT take place at the business known as SANDBAR RESTAURANT,
25 located at the PROPERTY on March 22, 2019.
26 SPECIAL INTERROGATORY 16.
27 State the date and time that the INCIDENT occurred.
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PLAINTIFF RENEE YANCHECK’S SPECIAL INTERROGATORIES TO DEFENDANT OLD TOWN
32 HOSPITALITY, LLC -(SET ONE)
1 SPECIAL INTERROGATORY 17.
2 Was the floor where the INCIDENT occurred wet, at the time of the said INCIDENT?
3 SPECIAL INTERROGATORY 18.
4 Describe the liquid that was on the floor where the INCIDENT occurred, at the time of the
5 said INCIDENT.
6 SPECIAL INTERROGATORY 19.
7 State the amount of liquid that was on the floor where the INCIDENT occurred, at the time
8 of the said INCIDENT.
9 SPECIAL INTERROGATORY 20.
Telephone: (818) 476-5998; Facsimile: (818) 476-5598
10 State how the liquid that was on the floor where the INCIDENT occurred, at the time of the
11 said INCIDENT, came to be on the floor.
16000 VENTURA BLVD., SUITE 440
12 SPECIAL INTERROGATORY 21.
THE WALLACE FIRM, PC
ENCINO, CALIFORNIA 91436
13 State the date and time that the liquid that was on the floor where the INCIDENT occurred ,
14 at the time of the said INCIDENT, came to be on the floor.
15 SPECIAL INTERROGATORY 22.
16 Was there video surveillance of the place where the INCIDENT occurred at any time March
17 22, 2019?
18 SPECIAL INTERROGATORY 23.
19 If there was video surveillance of the place where the INCIDENT occurred, at any time on
20 March 22, 2019, IDENTIFY each PERSON and/or entity that is in possession of the footage of said
21 video surveillance.
22 SPECIAL INTERROGATORY 24.
23 IDENTIFY each PERSON who was present where the INCIDENT occurred, at the time of
24 the INCIDENT.
25 SPECIAL INTERROGATORY 25.
26 IDENTIFY each PERSON that spoke to PLAINTIFF on March 22, 2019.
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PLAINTIFF RENEE YANCHECK’S SPECIAL INTERROGATORIES TO DEFENDANT OLD TOWN
32 HOSPITALITY, LLC -(SET ONE)
1 SPECIAL INTERROGATORY 26.
2 Were YOU aware, on March 22, 2019, and prior to the INCIDENT, that the floor was wet at
Preview
1 Christopher M. McDonald (SBN 198093) Zeana Zoreikat (SBN 347009) 2 MURCHISON & CUMMING, LLP 18201 Von Karman Avenue, Suite 950 3 Irvine, California 92612-1077 Telephone: (714) 972-9977 4 Facsimile: (714) 972-1404 E-Mail cmcdonald@murchisonlaw.com 5 E-Mail zzoreikat@murchisonlaw.com 6 Attorneys for Defendant, OLD TOWN 7 HOSPITALITY, LLC 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SANTA BARBARA, ANACAPA COURTHOUSE 10 11 RENEE YANCHECK, an individual, CASE NO. 21CV00800 12 Plaintiff, Assigned for All Purposes to: Hon. Colleen K. Sterne 13 vs. Dept. 5 14 SANDBAR RESTAURANT, a business entity type unknown; and DOES 1 through DEFENDANT, OLD TOWN 15 50, Inclusive, HOSPITALITY, LLC'S OPPOSITION TO PLAINTIFF, RENEE YANCHEK'S 16 Defendants. MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL 17 INTERROGATORIES, SET ONE; AND REQUEST FOR SANCTIONS 18 Hearing Date: April 15, 2024 19 Time: 8:30 A.M. Dept.: SB5 20 21 Defendant, OLD TOWN HOSPITALITY, LLC , submits its Opposition to Plaintiff, 22 RENEE YANCHECK's Motion to Compel Further Responses to Special Interrogatories, 23 Set One, as follows: 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 1 DEFENDANT, OLD TOWN HOSPITALITY, LLC'S OPPOSITION TO PLAINTIFF, RENEE YANCHEK'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE; AND REQUEST FOR SANCTIONS 1 I. 2 INTRODUCTION & RELEVANT FACTS 3 In this case, Plaintiff alleges that on March 22, 2019, she slipped and fell inside of a 4 handicap restroom of the Sandbar Restaurant. She alleges that the fall caused her to suffer 5 injury and damages to various parts of her body including her right hip and neck. 6 Plaintiff filed this action on March 1, 2021. On May 8, 2023, Plaintiff amended her 7 complaint to include Defendant OLD TOWN HOSPITALITY, LLC ("Old Town") as a party to 8 this case. On October 20, 2023, Plaintiff served Old Town with Plaintiff's Form 9 Interrogatories, Special Interrogatories, Requests for Production of Document's, and 10 Requests for Admissions. (Declaration of Zeana Zoreikat.) 11 On January 2, 2024, Old Town served responses to Plaintiff's Special Interrogatories. 12 On January 2, 2024, Plaintiff sent an email to counsel for Old Town regarding Old Town's 13 responses to Plaintiff's Special Interrogatories. On January 24, 2024 Old Town had sent 14 Plaintiff a meet-and-confer letter regarding Plaintiff's further responses to Old Town's 15 discovery requests. On February 7, 2024, Plaintiff counsel's office requested an extension 16 to provide further responses to Old Town. 17 At no time, did Plaintiff counsel follow-up to discuss Old Town's responses to 18 Plaintiff's discovery requests, despite the parties being engaged in ongoing communications 19 regarding other discovery. On February 21, 2024, Plaintiff served Plaintiff's Motion to 20 Compel. (Declaration of Zeana Zoreikat.) 21 On March 29, 2024, Old Town served substantive responses to Plaintiff's discovery 22 requests. To date, Plaintiff has not identified Old Town's substantive responses as evasive 23 or incomplete. (Declaration of Zeana Zoreikat.) 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 2 DEFENDANT, OLD TOWN HOSPITALITY, LLC'S OPPOSITION TO PLAINTIFF, RENEE YANCHEK'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE; AND REQUEST FOR SANCTIONS 1 II. 2 ARUGUMENT 3 A. PLAINTIFF'S MEET AND CONFER AS TO OLD TOWN'S RESPONSES IS 4 DEFICIENT 5 The parties had worked together to coordinate extensions to discovery for both 6 Plaintiff and Old Town. However, when the handling attorney left Plaintiff's law firm, those 7 communications broke down for a short time. Following the holiday season, on January 2, 8 2024, Old Town served initial responses to Plaintiff's discovery requests. Plaintiff 9 immediately sent an email to counsel for Old Town requesting substantive responses. Old 10 Town indicated that they would work on preparing said responses and send them to Plaintiff. 11 Other than a single email, Plaintiff's counsel did not attempt to reach out to counsel 12 for Old Town to address their concerns regarding discovery informally, despite Plaintiff's 13 counsel's office being in communications with Old Town's counsel regarding Plaintiff's 14 further responses to Old Towns discovery. As such, Plaintiff's counsel had several 15 opportunities to address their concerns regarding discovery informally, however they chose 16 not to do so. 17 B. OBJECTION ONLY RESPONSES ARE VALID RESPONSES UNDER THE CODE 18 California Code of Civil Procedure section 2030.210, subdivision (a) states, "The 19 party to whom interrogatories have been propounded shall respond in writing under oath 20 separately to each interrogatory by any of the following: … (3) An objection to the particular 21 interrogatory." California Code of Civil Procedure section 2023.250 states, in relevant part, 22 "(a) The party to whom the interrogatories are directed shall sign the response under oath 23 unless the response contains only objections. … (c) The attorney for the responding party 24 shall sign any responses that contain an objection." 25 On January 2, 2024, Old Town served their initial responses. As such when the 26 responses were served, they were valid, Code-compliant responses. 27 / / / 28 / / / 3 DEFENDANT, OLD TOWN HOSPITALITY, LLC'S OPPOSITION TO PLAINTIFF, RENEE YANCHEK'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE; AND REQUEST FOR SANCTIONS 1 C. PLAINTIFF'S MOTION SHOULD BE DENIED BECAUSE OLD TOWN ALREADY 2 SERVED ITS RESPONSES TO DISCOVERY 3 On March 29, 2024, Old Town served responses to the Plaintiff's discovery requests. 4 In its responses, Old Town provided substantive responses to Plaintiff's interrogatories 5 contained in Plaintiff's Special Interrogatories. Neither Plaintiff's Motion to Compel nor any 6 meet and confer correspondence contend Old Town's responses are evasive or incomplete. 7 For this reason, Plaintiff's Motion to Compel is moot and should be denied. 8 D. SANCTIONS ARE NOT WARRANTED IN THIS CASE 9 "Monetary sanctions are designed to recompense those who are the victims of 10 misuse of the Discovery Act." Townsend v. Superior Ct., 61 Cal. App. 4th 1431, 1438, 72 11 Cal. Rptr. 2d 333, 337 (1998) (Citations omitted.). California Code of Civil Procedure section 12 2030.300, subdivision (d), states, "The court shall impose a monetary sanction … against 13 any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a 14 further response to interrogatories, unless it finds that the one subject to the sanction acted 15 with substantial justification or that other circumstances make the imposition of the sanction 16 unjust." 17 In the instant case, the imposition of a sanction would be unjust because the initial 18 answers are Code compliant, and Plaintiff's meet and confer was deficient. Furthermore, as 19 mentioned above, due to the change of counsel for Plaintiff, communications broke down 20 between the parties regarding a variety of case handling issues. However, the parties had 21 been in communication regarding other discovery issues, during which Plaintiff's counsel 22 could have voiced their concerns, and did not. For these reasons, sanctions should not be 23 imposed. 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 4 DEFENDANT, OLD TOWN HOSPITALITY, LLC'S OPPOSITION TO PLAINTIFF, RENEE YANCHEK'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE; AND REQUEST FOR SANCTIONS 1 III. 2 CONCLUSION 3 For the foregoing reasons, Old Town respectfully requests this Court deny Plaintiff's 4 motion. 5 6 DATED: April 2, 2024 MURCHISON & CUMMING, LLP 7 By: 8 Christopher M. McDonald 9 Zeana Zoreikat Attorneys for Defendant, OLD TOWN 10 HOSPITALITY, LLC 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 DEFENDANT, OLD TOWN HOSPITALITY, LLC'S OPPOSITION TO PLAINTIFF, RENEE YANCHEK'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE; AND REQUEST FOR SANCTIONS 1 DECLARATION OF ZEANA ZOREIKAT, ESQ. 2 I, Zeana Zoreikat, declare and state: 3 I am an attorney duly licensed to practice before all of the courts of the State of 4 California, and am an attorney with the law firm of Murchison & Cumming, LLP, attorneys of 5 record for Defendant OLD TOWN HOSPITALITY, LLC ("Old Town"), in the above-captioned 6 case. I make this declaration in support of Old Town's opposition to Plaintiff's Motion to 7 Compel Reponses. I have personal knowledge of all facts set forth below and if called as a 8 witness could and would competently testify thereto. 9 1. Plaintiff filed this action on March 1, 2021. On May 8, 2023, Plaintiff amended 10 her complaint to include Defendant OLD TOWN HOSPITALITY, LLC ("Old Town") as a party 11 to this case. On October 20, 2023, Plaintiff served Old Town with Plaintiff's Form 12 Interrogatories, Special Interrogatories, Requests for Production of Document's, and 13 Requests for Admissions. A true and correct copy of Plaintiff's Special Interrogatories, Set 14 One is attached hereto as EXHIBIT A. 15 2. On January 2, 2024, Old Town served responses to Plaintiff's Special 16 Interrogatories. On January 2, 2024, Plaintiff sent an email to counsel for Old Town 17 regarding Old Town's responses to Plaintiff's Special Interrogatories. On January 24, 2024 18 Old Town had sent Plaintiff a meet and confer letter regarding Plaintiff's further responses 19 to Old Town's discovery requests. A true and correct copy of Old Town's initial responses to 20 Plaintiff's Special Interrogatories, Set One is attached hereto as EXHIBIT B. 21 3. On February 7, 2024, Plaintiff counsel's office requested an extension to 22 provide further responses to Old Town. At no time, did Plaintiff's follow-up to discuss Old 23 Town's responses to Plaintiff's discovery requests, despite the parties being engaged in 24 ongoing communications regarding other discovery. A true and correct copy of my email 25 correspondence with Plaintiff's counsel's office is attached hereto as EXHIBIT C. 26 / / / 27 / / / 28 / / / 6 DEFENDANT, OLD TOWN HOSPITALITY, LLC'S OPPOSITION TO PLAINTIFF, RENEE YANCHEK'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE; AND REQUEST FOR SANCTIONS 1 4. On March 29, 2023, Old Town served its substantive responses to the 2 Plaintiff's Special Interrogatories, Set One. A true and correct copy of Old Town's substantive 3 responses to Plaintiff's Special Interrogatories, Set One is attached hereto as EXHIBIT D. 4 I declare under penalty of perjury under the laws of the State of California that the 5 foregoing is true and correct. 6 Executed on this 2nd day of April, 2024, at Irvine, California. 7 8 Zeana Zoreikat 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 DEFENDANT, OLD TOWN HOSPITALITY, LLC'S OPPOSITION TO PLAINTIFF, RENEE YANCHEK'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE; AND REQUEST FOR SANCTIONS EXHIBIT "A" THE WALLACE FIRM, PC 1 BRADLEY S. WALLACE, ESQ. (SBN 243169) contact@wallacefirm.email 2 GISSELA ARRINCON-TEPELI, ESQ. (SBN #309803) gissela@wallacefirm.email 3 16000 Ventura Blvd., Suite 440 Encino, CA 91436 4 Tel: 818-476-5998 Fax: 818-476-5598 5 LAW OFFICES OF BRANDON SUA & ASSOCIATES 6 BRANDON SUA, ESQ. (SBN #291476) sua@lawyer.com 7 5756 E Ventura Ave, Simi Valley, CA 93063 8 Telephone: (805) 842-2000 Facsimile: (805) 842-2001 9 Telephone: (818) 476-5998; Facsimile: (818) 476-5598 Attorney for Plaintiff, RENEE YANCHECK 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SANTA BARBARA 16000 VENTURA BLVD., SUITE 440 12 THE WALLACE FIRM, PC ENCINO, CALIFORNIA 91436 13 RENEE YANCHECK, an individual; ) Case No.: 21CV00800 ) 14 Plaintiff, ) ) 15 vs. ) PLAINTIFF RENEE YANCHECK’S ) SPECIAL INTERROGATORIES TO 16 SANDBAR RESTAURANT, a business ) DEFENDANT OLD TOWN HOSPITALITY, entity type unknown; and DOES 1 through ) LLC -(SET ONE) 17 50, Inclusive. ) ) 18 Defendants. ) ) 19 ) ) 20 21 PROPOUNDING PARTY: Plaintiff, RENEE YANCHECK 22 RESPONDING PARTY: Defendant, OLD TOWN HOSPITALITY, LLC 23 SET NUMBER: ONE (1) 24 Pursuant to California Code of Civil Procedure §2030.010, et seq., Plaintiff, RENEE 25 YANCHECK, (“Plaintiff” or “Propounding Party”) hereby demands that Defendant, OLD TOWN 26 HOSPITALITY, LLC, (“Defendant”, “Responding Party”) respond under oath and in writing to the 27 following Special Interrogatories (Set One) no later than thirty (30) days from the date of service. 28 /// 1 PLAINTIFF RENEE YANCHECK’S SPECIAL INTERROGATORIES TO DEFENDANT OLD TOWN 32 HOSPITALITY, LLC -(SET ONE) 1 DEFINITIONS OF TERMS 2 The following definitions shall apply: 3 1. “PLAINTIFF” refers to Plaintiff RENEE YANCHECK. 4 2. “INCIDENT” as used herein refers to the circumstances and events surrounding the 5 alleged accident, injury, or occurrence which occurred on or about March 22, 2019, and which gives 6 rise to this action or proceeding. 7 3. “PROPERTY” shall mean the property located at 514 State Street, Santa Barbara, 8 CA 93101. 9 4. “YOU” and “YOUR” shall refer to responding Defendant, or party, and any and all Telephone: (818) 476-5998; Facsimile: (818) 476-5598 10 agents, servants, and employees of said Defendant, or party, which were, or are, in said Defendant or 11 party’s employ or for which work was performed on YOUR behalf. 16000 VENTURA BLVD., SUITE 440 12 5. “PERSON” shall mean and include a natural person, firm, association, organization, THE WALLACE FIRM, PC ENCINO, CALIFORNIA 91436 13 partnership, business, trust, corporation, or public entity. 14 6. “IDENTIFY” in regard to a PERSON means to provide their name, present work, 15 address, and phone number in sufficient detail so that he or she may be specified in a deposition. 16 “IDENTIFY” in regard to a document means to describe it in sufficient detail so that it may be 17 specified in a request for production of documents or in a subpoena duces tecum. “IDENTIFY” in 18 regard to anything else means to describe with specificity. 19 7. “DOCUMENT” or “DOCUMENTS” as used herein shall mean all tangible things 20 including, without limitation, papers, tape or other forms of audio, visual, or audio/visual recordings, 21 drawings, films, graphs, charts, photographs, phone records and any retrievable data, whether in 22 computer storage, carded, punched, taped, or code form, or stored electro-statistically, electro- 23 magnetically or otherwise. Without limiting the generality of the foregoing, “document” specifically 24 includes, but is not limited to, all contracts, agreements, forms, correspondence, letters, telegrams, 25 telephone messages, notices, notes, memoranda, records, reports, diaries, minutes, statements, work 26 sheets, summaries, books, journals, ledgers, audits, maps, diagrams, drafts, newspapers, appointment 27 books, desk calendars, notes or summaries of personal interviews or conversations, messages 28 (including, but not limited to, reports of telephone conversations and conference), 2 PLAINTIFF RENEE YANCHECK’S SPECIAL INTERROGATORIES TO DEFENDANT OLD TOWN 32 HOSPITALITY, LLC -(SET ONE) 1 acknowledgements, telexes, all other written or printed matter of any kind, all other data compilation 2 from which information can be obtained and translated if necessary, as well as all other tangible 3 things which come within the definition of “writing” contained in Section 250 of the Evidence Code 4 and include all records saved or stored on Computer Readable Storage Media as defined by Evidence 5 Code § 1500.5. The DOCUMENTS requested hereby specifically include, but are not limited to, 6 documents in the defendant's possession, custody, or control, or the possession, custody, or control 7 of the defendant's present and former employees, agents, attorneys, accountants, auditors, directors, 8 officers, affiliates, and any other person or entity acting, or who has acted, on defendant's behalf. 9 SPECIAL INTERROGATORIES (SET ONE) Telephone: (818) 476-5998; Facsimile: (818) 476-5598 10 SPECIAL INTERROGATORY 1. 11 IDENTIFY each and every owner of the PROPERTY on March 22, 2019. 16000 VENTURA BLVD., SUITE 440 12 SPECIAL INTERROGATORY 2. THE WALLACE FIRM, PC ENCINO, CALIFORNIA 91436 13 IDENTIFY each manager of the PROPERTY on March 22, 2019. 14 SPECIAL INTERROGATORY 3. 15 IDENTIFY each and every lessor of the PROPERTY on March 22, 2019. 16 SPECIAL INTERROGATORY 4. 17 IDENTIFY each and every lessee of the PROPERTY on March 22, 2019. 18 SPECIAL INTERROGATORY 5. 19 IDENTIFY each and every owner of the business known as SANDBAR RESTAURANT, 20 located at the PROPERTY on March 22, 2019. 21 SPECIAL INTERROGATORY 6. 22 IDENTIFY each manager of the business known as SANDBAR RESTAURANT, located at 23 the PROPERTY on March 22, 2019. 24 SPECIAL INTERROGATORY 7. 25 IDENTIFY each employee of the business known as SANDBAR RESTAURANT, located at 26 the PROPERTY on March 22, 2019. 27 /// 28 /// 3 PLAINTIFF RENEE YANCHECK’S SPECIAL INTERROGATORIES TO DEFENDANT OLD TOWN 32 HOSPITALITY, LLC -(SET ONE) 1 SPECIAL INTERROGATORY 8. 2 State the job title of each employee of the business known as SANDBAR RESTAURANT, 3 located at the PROPERTY on March 22, 2019. 4 SPECIAL INTERROGATORY 9. 5 For each employee of the business known as SANDBAR RESTAURANT, located at the 6 PROPERTY on March 22, 2019, state the hours each said employee worked on March 22, 2019. 7 SPECIAL INTERROGATORY 10. 8 IDENTIFY each PERSON who was responsible for maintaining the floors at the business 9 known as SANDBAR RESTAURANT, located at the PROPERTY on March 22, 2019. Telephone: (818) 476-5998; Facsimile: (818) 476-5598 10 SPECIAL INTERROGATORY 11. 11 IDENTIFY each PERSON who was responsible for inspecting the floors at the business 16000 VENTURA BLVD., SUITE 440 12 known as SANDBAR RESTAURANT, located at the PROPERTY on March 22, 2019. THE WALLACE FIRM, PC ENCINO, CALIFORNIA 91436 13 SPECIAL INTERROGATORY 12. 14 State the time of each inspection made of the floors at the business know as SANDBAR 15 RESTAURANT, located at the PROPERTY on March 22, 2019. 16 SPECIAL INTERROGATORY 13. 17 For each inspection made of the floors at the business known as SANDBAR 18 RESTAURANT, located at the PROPERTY on March 22, 2019, IDENTIFY each PERSON who 19 made said inspection. 20 SPECIAL INTERROGATORY 14. 21 For each inspection made of the floors at the business known as SANDBAR RESTAURANT, 22 located at the PROPERTY on March 22, 2019, state what was found upon each said inspection. 23 SPECIAL INTERROGATORY 15. 24 Did the INCIDENT take place at the business known as SANDBAR RESTAURANT, 25 located at the PROPERTY on March 22, 2019. 26 SPECIAL INTERROGATORY 16. 27 State the date and time that the INCIDENT occurred. 28 /// 4 PLAINTIFF RENEE YANCHECK’S SPECIAL INTERROGATORIES TO DEFENDANT OLD TOWN 32 HOSPITALITY, LLC -(SET ONE) 1 SPECIAL INTERROGATORY 17. 2 Was the floor where the INCIDENT occurred wet, at the time of the said INCIDENT? 3 SPECIAL INTERROGATORY 18. 4 Describe the liquid that was on the floor where the INCIDENT occurred, at the time of the 5 said INCIDENT. 6 SPECIAL INTERROGATORY 19. 7 State the amount of liquid that was on the floor where the INCIDENT occurred, at the time 8 of the said INCIDENT. 9 SPECIAL INTERROGATORY 20. Telephone: (818) 476-5998; Facsimile: (818) 476-5598 10 State how the liquid that was on the floor where the INCIDENT occurred, at the time of the 11 said INCIDENT, came to be on the floor. 16000 VENTURA BLVD., SUITE 440 12 SPECIAL INTERROGATORY 21. THE WALLACE FIRM, PC ENCINO, CALIFORNIA 91436 13 State the date and time that the liquid that was on the floor where the INCIDENT occurred , 14 at the time of the said INCIDENT, came to be on the floor. 15 SPECIAL INTERROGATORY 22. 16 Was there video surveillance of the place where the INCIDENT occurred at any time March 17 22, 2019? 18 SPECIAL INTERROGATORY 23. 19 If there was video surveillance of the place where the INCIDENT occurred, at any time on 20 March 22, 2019, IDENTIFY each PERSON and/or entity that is in possession of the footage of said 21 video surveillance. 22 SPECIAL INTERROGATORY 24. 23 IDENTIFY each PERSON who was present where the INCIDENT occurred, at the time of 24 the INCIDENT. 25 SPECIAL INTERROGATORY 25. 26 IDENTIFY each PERSON that spoke to PLAINTIFF on March 22, 2019. 27 /// 28 /// 5 PLAINTIFF RENEE YANCHECK’S SPECIAL INTERROGATORIES TO DEFENDANT OLD TOWN 32 HOSPITALITY, LLC -(SET ONE) 1 SPECIAL INTERROGATORY 26. 2 Were YOU aware, on March 22, 2019, and prior to the INCIDENT, that the floor was wet at