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SLAUGHTER, REAGAN & COLE, LLP
ATTORNEYS AT LAW
625 E, SANTA CLARA STREET, SUITE 101
VENTURA, CALIFORNIA 93001
TELEPHONE: (805) 658-7800
FACSIMILE: (805) 644-2131
Barry J. Reagan — State Bar No. 156095
eagan@srllplaw.com
Guillermo E. Partida — State Bar No. 242817
partida@srllplaw.com
Attorneys for (Proposed) Intervenor
CALIFORNIA CAPITAL INSURANCE COMPANY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF KERN
11 PEDRO MARQUEZ; GUADALUPE SILVA; Case No. BCV-20-100831
CRYSTAL MARQUEZ, a minor, by Pedro
12 Marquez; JOSHUA MARQUEZ, a minor, by Assigned to Hon. Judge Thomas S. Clark
Pedro Marquez; DAVID MARQUEZ, a Department 17
13 minor, by Pedro Marquez; and MARIVI
MARQUEZ, a minor, by Pedro Marquez, Complaint Filed: April 6, 2021
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Plaintiff, INTERVENOR CALIFORNIA CAPITAL
15 INSURANCE COMPANY’S NOTICE OF
vs. MOTION AND MOTION FOR
16 TERMINATING SANCTIONS AND
WYNDHAM WORLDWIDE MONETARY SANCTIONS AGAINST
17 CORPORATION; WYNDHAM PLAINTIFF PEDRO MARQUEZ OR IN
DESTINATIONS, INC.; DAYS INN BY THE ALTERNATIVE MOTION TO
18 WYNDHAM BAKERSFIELD; and DOES 1 COMPEL DEPOSITION OF PLAINTIFF
through 20, inclusive, OR EVIDENTIARY SANCTION;
19 MEMORANDUM OF POINTS AND
Defendants. AUTHORITIES; DECLARATION OF
20 GUILLERMO E. PARTIDA IN SUPPORT
THEREOF
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(Filed concurrently with Proposed Order
22 thereon)
23 Date: May 8, 2024
Time: 8:30 a.m.
24 Dept.: 17
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NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN
THE ALTERNATIVE ISSUE/EVIDENTIARY SANCTIONS AGAINST PLAINTIFF PEDRO MARQUEZ
TO THIS HONORABLE COURT AND ALL PARTIES AND THEIR COUNSEL OF
RECORD HEREIN:
PLEASE TAKE NOTICE that on May 8, 2024, at 8:30 a.m., or as soon thereafter as the
matter may be heard, in Department 17, of the above-entitled court located at 1415 Truxtun Avenue,
Bakersfield, California 93301, INTERVENOR, CALIFORNIA CAPITAL INSURANCE COMPANY
(“Intervenor’), will and hereby does move the Court for the following will, and hereby do, move this
Court for an order for terminating and monetary sanction against Plaintiff PEDRO MARQUEZ
(“Marquez”), or in the alternative, to compel Plaintiff Marquez to appear for deposition. The
terminating sanctions are multiple failures to comply with the Orders of this Court, including the
10 Orders entered on September 14, 2023, and December 7, 2023 and for Plaintiffs blatant disregard and
11 failure to comply with the Civil Discovery Act. (Code of Civil Procedure §§ 2023.010 et seq.)
12 Plaintiff's repeated refusal to comply with Court Orders and intentional refusal to participate in
13 discovery has precluded Intervenor from exercising its rights to process and analyze this case and
14 prepare for trial. These intentional actions warrant an Order of Dismissal with Prejudice in favor of
15 Intervenor for plaintiff's dilatory prosecution and repeated disregard of the Court’s Orders in this
16 matter.
17 Intervenor also requests monetary sanctions in the amount of $2,498.60 in sanctions against
18 Plaintiff Marquez and Marquez’s counsel, Ilan Rosen Janfaza, Esq of the Law Offices of Ilan Rosen
19 Janfaza for continued abuse of the discovery process.
20 This motion for terminating sanctions is made pursuant to Code of Civil Procedure sections
21 1209(a)(5) and 1211(a). The request for sanctions, attorneys’ fees and costs is brought pursuant to
22 Code of Civil Procedure sections 1209(a)(5), 1211(a), 1218(a), 177.5, 2023.010 and 2023.030. The
23 alternative motion is based on Code of Civil Procedure Sections 2016.040, 2023.010, 2025.010,
24 2025.230, 2025.240, 2025.450, 2025.280, 2023.030, 2025.410.
25 Mit
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NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN
THE ALTERNATIVE ISSUE/EVIDENTIARY SANCTIONS AGAINST PLAINTIFF PEDRO MARQUEZ
This motion and request will be based upon this notice, the attached memorandum of points
and authorities, the attached declaration of counsel, any records in this action, and upon such oral and
documentary evidence as may be presented at or prior to the hearing of this motion.
DATED: April 2, 2024 SLAUGHTER, REAGAN & COLE, LLP
By:
WM Godié
Barry J. Regan
Guillermo E. Partida
Attorneys Intervenor,
California Capital Insurance Company
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NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN
THE ALTERNATIVE ISSUE/EVIDENTIARY SANCTIONS AGAINST PLAINTIFF PEDRO MARQUEZ
MEMORANDUM OF POINTS AND AUTHORITIES
I INTRODUCTION/STATEMENT OF FACTS
On September 13, 2023, the Court granted INTERVENOR, CALIFORNIA CAPITAL
INSURANCE COMPANY (“Intervenor’’) motion to compel code compliant verified responses to
discovery and for plaintiff to produce legible documents in response to Request for Production of
Documents (Set One). Further, monetary sanctions were ordered against plaintiff, PEDRO
MARQUEZ (“Marquez”) and his counsel Ilan Janfaza, Esq. of Law Office of Ilan Rosen Janfaza in
the amount of $1,054.50, which were to be paid by October 13, 2023, along with above verified
responses.
10 On December 7, 2023, the Court ordered issued sanctions for failure to comply with the
11 September 13, 2023 order and further ordered monetary sanctions in the amount of $1,054.50 to be
12 paid by January 31, 2024. was served on Plaintiff's counsel, which provided notice of the above.
13 As of the time of filing this motion, no sanctions have been paid.
14 Intervenor set the in-person deposition of plaintiffs Pedro Marquez and Guadalupe Silva for
15 February 20, 2024 to which plaintiffs’ counsel objected due to unavailability. Plaintiffs’ counsel
16 provided an available date of March 13, 2024 for plaintiffs’ deposition and an amended notice
17 followed.
18 On March 13, 2024, I appeared at the deposition of plaintiffs in Bakersfield along with the
19 Court Reporter and videographer. However, neither plaintiffs nor plaintiffs’ counsel appeared for
20 deposition. I contacted counsel, who informed me that they forgot to inform that they were unable to
21 contact their client. A notice of nonappearance was taken for plaintiffs failure to appear at deposition.
22 l attempted to meet and confer with plaintiffs counsel regarding the payment of costs for court
23 reporter for having appeared at the deposition but plaintiffs’ counsel did not appear at the two calls to
24 discuss.
25 Il. THE COURT MAY DISMISS PLAINTIFF’S CASE FOR FAILURE OBEY COURT
26 ORDER AND CONTINUED ABUSE OF DISCOVERY PROCESS.
27 It is well established that a court has inherent power to punish contempt of court. (/n re
28 McKinney, 70 Cal. 2d 8, 10-11 (Cal. 1968) (citing Jn re Shortridge, 99 Cal. 526, 532 [34 P. 227, 37
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NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN
THE ALTERNATIVE ISSUE/EVIDENTIARY SANCTIONS AGAINST PLAINTIFF PEDRO MARQUEZ
Am.St.Rep. 78, 21 L.R.A. 755]; see, ¢.g., Hull v. Superior Court, 4 Cal.2d 139, 153 [5 Cal.Rptr. 1,
352 P.2d 161] [concurring opinion]; Bridges v. Superior Court, 14 Cal.2d 464, 480 [94 P.2d 983]; In
re San Francisco Chronicle, | Cal.2d 630, 634 [36 P.2d 369]; Briggs v. Superior Court, 211 Cal. 619,
627 [297 P. 3]; [*11] Inre Shuler, 210 Cal. 377, 397 [292 P. 481]; Blodgett v. Superior Court, 210
Cal. 1, 14 [290 P. 293, 72 A.L.R. 482]; Lamberson v. Superior Court, 151 Cal. 458, 461 [91 P. 100,
11 L.R.A.N.S. 619]; Vaughn v. Municipal Court, 252 Cal.App.2d 348, 358 [60 Cal.Rptr. 575]; In re
Hallinan, 126 Cal.App. 121, 132-133 [14 P.2d 797].) Code of Civil Procedure sections 1209 and 1211
state in pertinent part as follows:
“The following acts or omissions in respect to a court of justice, or
proceedings therein, are contempts of the authority of the court:
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(5) Disobedience of any lawful judgment, order, or process of the court.
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12 When the contempt is not committed in the immediate view and presence of
the court, or of the judge at chambers, an affidavit shall be presented to the
13 court or judge of the facts constituting the contempt, or a statement of the
facts by the referees or arbitrators, or other judicial officers.”
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15 For the reasons stated herein, Plaintiff has committed contempt by failing to abide by the
16 Court’s Order regarding discovery in this action. These facts are further outlined within the attached
17 declaration of Guillermo Partida, Esq., and include Plaintiffs failure to abide by the Court’s Order of
18 September 13, 2023. Further, this has become a pattern of plaintiff wherein she also ignored the
19 Court’s further Order of December 7, 2023, failing to pay Court ordered sanctions. Further, plaintiffs
20 failed to engage in the discovery process by appearing at the arranged and noticed deposition.
21 Plaintiff has repeatedly shown contempt for the Court’s Orders, wholly ignoring them and
22 responding at her own convenience. Plaintiff has also shown disdain for the entire discovery process as
23 she has not responded to a single set of discovery without the need for Court intervention or appear at
24 deposition. Plaintiff has not even made a minimal effort to be forthcoming and cooperative in the
25 litigation that plaintiff commenced. Plaintiffhas willfully disobeyed multiple valid Court Orders. For
26 these reasons, Plaintiff should be held in contempt of court and this motion should be granted.
27 When a party misuses the discovery process, “California trial courts possess the inherent
28 power to issue a terminating sanction for pervasive misconduct....” Stephen Slesinger, Inc. v. Walt
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NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN
THE ALTERNATIVE ISSUE/EVIDENTIARY SANCTIONS AGAINST PLAINTIFF PEDRO MARQUEZ
Disney Co. (2007) 155 Cal. App. 4th 736, 765. The Civil Discovery Act also grants courts the power
to impose terminating sanctions for any misuse of the discovery process, including by “[a]n order
dismissing the action, or any part of the action, of that party.” Civ. Proc. Code § 2023.030(e); Civ.
Proc. Code § 2023.310(i); Doppes v. Bentley Motors, Inc. (2009) 174 Cal. App. 4th 967, 992. While
“Ta] decision to order terminating sanctions should not be made lightly, 99 66, where a violation is willful,
preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce
compliance with the discovery rules, the trial court is justified in imposing the ultimate sanction.”
Mileikowsky v. Tenet Healthsystem (2005) 128 Cal. App. 4th 262, 279-280.
Til. THIS IS AN APPROPRIATE CASE FOR ISSUANCE OF TERMINATING
10 SANCTIONS DUE TO PLAINTIFF’S UNWILLINGESS TO PARTICIPATE IN
11 THE DISCOVERY PROCESS AND VIOLATION OF THIS COURT’S ORDER.
12 The Court is not required to have infinite patience in these situations. Our court system is
13 already grossly overburdened and underfunded. A party who is unwilling to or unable to perform the
14 obligations of litigation with diligence should not be surprised when the right to proceed is lost.
15 (Jerry’s Shell v. Equilon Enterprises, LLC (2005) 134 Cal.App.4th 1058, 1069.) It is important to
16 note that willfulness is no longer a requirement for imposition of discovery sanctions. (Ghanooni v.
17 Super Shuttle (1993) 20 Cal.App.4th 256, 260; See, also, Code Civ. Proc. §§2023.010, 2023.030.)
18 Code of Civil Procedure section 2023.030 provides, in pertinent part:
19 “To the extent authorized by the chapter governing any particular discovery
method or any other provision of this title, the court, after notice to any
20 affected party, person, or attorney, and after opportunity for hearing, may
impose the following sanctions against anyone engaging in conduct that is a
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misuse of the discovery process:
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(d) The court may impose a terminating sanction by one of the following
23 orders:
(1) An order striking out the pleadings or parts of the pleadings of any
24 party engaging in the misuse of the discovery process.
(2) An order staying further proceedings by that party until an order for
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discovery is obeyed.
26 (3) An order dismissing the action, or any part of the action, ofthat party.
(4) An order rendering a judgment by default against that party.”
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28 Further, section 2023.010(g) makes disobedience of a Court Order to provide discovery a
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NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN
THE ALTERNATIVE ISSUE/EVIDENTIARY SANCTIONS AGAINST PLAINTIFF PEDRO MARQUEZ
misuse of the discovery process. As set forth in both Code of Civil Procedure sections 2030.290 and
2031.300, a terminating sanction such as dismissing the action and entering judgment thereon, is
authorized pursuant to Code of Civil Procedure section 2023.030(d)(3). For interrogatories, Code of
Civil Procedure section 2030.290(c), and for demand for production of documents, Code of Civil
Procedure section 2031.300(c) both state in pertinent part: “If a party then fails to obey an order
compelling answers, the court may make those orders that are just, including the imposition ofan issue
sanction, an evidence sanction or a terminating sanction under Chapter 7 (commencing with Section
2023.010).”
Here, as stated above, the first set of plaintiff's responses took four months, two motions to
10 compel before issue sanctions were ordered by the Court. Despite being ordered to provide responses
11 and pay sanctions, Plaintiff never provided full code compliant responses over two months after the
12 Court’s Ordered initial timeframe. The motions clearly taught plaintiffs nothing, as they have engaged
13 in the same abusive conduct over and over again, including most recently failing to appear at the
14 mutually agreed upon date. Moving Intervenor followed-up with plaintiffs’ counsel regarding the
15 deposition of plaintiffs but received the same utter lack of response, necessitating this motion.
16 Plaintiff has put forth no effort to be cooperative and forthcoming throughout this litigation. If
17 plaintiff is unwilling or unable to perform her discovery obligations, and continues to willfully
18 disobey the Court’s Orders, then terminating sanctions are appropriate. Moving Intervenor request
19 that plaintiffs operative pleading be dismissed with prejudice.
20 IV. IN THE ALTERNATIVE, THE COURT SHOULD COMPEL PLAINTIFFS’
21 DEPOSITIONS AND ISSUE FURTHER MONETARY SANCTIONS.
22 Code of Civil Procedure section 2025.450 and 2025.410 state in pertinent part as follows:
23 “Any party may obtain discovery within the scope delineated by Chapter 2 ...
by taking in California the oral deposition of any person, including any party
24 to the action. The person deposed may be a natural person, an organization
such as a public or private corporation, a partnership, an association, or a
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governmental agency.” Code Civ. Proc., § 2025.010.
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“Ifa deponent on whom a deposition subpoena has been served fails to attend
27 a deposition or refuses to be sworn as a witness, the court may impose on the
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NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN
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deponent the sanctions described in Section 2020.240.” Code Civ. Proc., §
2025.450.
“Any party served with a deposition notice that does not comply with Article
2 (commencing with Section 2025.210) waives any error or irregularity
unless that party promptly serves a written objection specifying that error or
irregularity at least three calendar days prior to the date for which the
deposition is scheduled, on the party seeking to take the deposition and any
other attorney or party on whom the deposition notice was served. Code Civ.
Proc., § 2025.410(a)” Code Civ. Proc., § 2025.450.
“If after service of a deposition notice, a party to the action or an officer,
director, managing agent, or employee of a party, or a person designated by
an organization that is a party under Section 2025.230, without having a valid
objection under Section 2025.410, fails to appear for examination, or to
10 proceed with it, or to produce for inspection any document, electronically
11 stored information, or tangible thing described in the deposition notice, the
party giving the notice may move for an order compelling the deponent’s
12 attendance and testimony. . . .” Code Civ. Proc., § 2025.450 (Emphasis
Added).
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In the instant case a valid deposition notice was served on plaintiff upon mutually agreed upon
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date of plaintiffs. No formal objection was served in response. Plaintiff's counsel then waited until the
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deposition commenced to inform counsel that they were not going to appear because they were uable to
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contact plaintiffs. A certificate of non-appearance was taken. To date, no new deposition date has been
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confirmed although Intervenor attempted to meet and confer with plaintiffs’ counsel.
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There is no time limit on a bringing a motion to compel plaintiffs deposition where plaintiff
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failed to appear. Moving Intervenor attempted to meet and confer regarding plaintiff’s failure to appear.
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Plaintiff
has made no effort to reasonably comply with discovery obligations in this case, completely
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hindering moving Intervenor’s ability to adequately prepare for the upcoming trial in this matter.
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An appropriate evidentiary sanction would be for plaintiffto be precluded from providing oral
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testimony at trial.
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A court may impose monetary sanctions against a party for misuses of the discovery process.
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Civ. Proc. Code § 2023.030(a). Where the misuse causes the party seeking discovery to incur costs,
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including attorneys' fees, the party seeking discovery may be awarded monetary sanctions in the
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amount of such costs and fees. Civ. Proc. Code § 2023.030(a).
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NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN
THE ALTERNATIVE ISSUE/EVIDENTIARY SANCTIONS AGAINST PLAINTIFF PEDRO MARQUEZ
Additionally Code of Civil Procedure section 2025.450(g) states:
“(1) Ifa motion under subdivision (a) is granted, the court shall impose a monetary sanction
under Chapter 7 (commencing with Section 2023.010) in favor of the party who noticed the deposition
and against the deponent or the party with whom the deponent is affiliated, unless the court finds that
the one subject to the sanction acted with substantial justification or that other circumstances make the
imposition of the sanction unjust.” Code Civ. Proc., § 2025.450 (emphasis added).
As stated above, plaintiff's counsel was served with a timely and properly noticed deposition
notice for plaintiff. Plaintiff served no formal objections to the notice and then failed to appear after
giving a mutually agreed upon date. Moving Intervenor attempted to meet and confer regarding new
10 dates for the depositions, but plaintiff has not confirmed any new specific deposition date.
11 Plaintiffs cannot show substantial justification for her failure to appear and therefore, the
12 imposition of sanctions is mandatory. Moving Intervenor was forced to incur at least $1,444.10 for the
13 court reporter and videographers time for the late cancellation fee. As is further outlined in the attached
14 declaration, the amount of the requested sanctions is $2,498.60. Thus, the Court should impose
15 sanctions in the amount of $2,498.60 against Plaintiff and plaintiff's counsel in addition to paying
16 unpaid sanction in the amount of $2,109.00.
17 Vv. CONCLUSION
18 For the reasons set forth above, Intervenor respectfully requests that the Court grant Intervenor’s
19 Motion, dismiss Plaintiffs case with prejudice, and order Plaintiff and plaintiffs counsel Ilan Rosen
20 Janfaza, Esq. to pay Intervenor's fees and costs in the amount of $2,498.60, incurred as a result of its
21 blatant and unexcused abuse of the judicial process. Alternatively, Intervenor respectfully requests that
22 the Court impose issue and evidentiary sanctions by precluding Plaintiff from providing oral testimony
23 at trial.
24 DATED: April 2, 2024 SLAUGHTER, REAGAN & COLE, LLP
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By: LZ yA.
/
‘teh
26 Barry J. Regan
Guillermo E. Partida
27 Attorneys Intervenor,
California Capital Insurance Company
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NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN
THE ALTERNATIVE ISSUE/EVIDENTIARY SANCTIONS AGAINST PLAINTIFF PEDRO MARQUEZ
DECLARATION OF GUILLERMO E. PARTIDA
I, Guillermo E. Partida, declare as follows:
1 Iam an attorney at law, duly licensed to practice before all courts of the State of California.
lam an associate of Slaughter, Reagan & Cole, LLP, attorneys of record for Intervenor, CALIFORNIA
CAPITAL INSURANCE COMPANY in this action. I make this declaration in support of Intervenors’
motion to compel discovery responses. I have personal knowledge of the facts set forth in this
declaration.
2. Attached hereto as Exhibit “A” is a true correct copy of Notice of Entry of Order on
plaintiff Pedro Marquez from Court Order of September 14 ,2023. The Court Ordered further
10 responses to discovery, including payment of sanctions, which plaintiff
did not comply with. Thus, a
11 motion to compel further responses and evidentiary sanction was filed.
12 3. Attached as Exhibit “B” is a true and correct copy of the Court’s December 7, 2023 order
13 issuing evidentiary sanctions and ordering additional sanctions and all sanctions paid by January 31,
14 2024. To date, the total sanctions award of $2,109.00 have not been paid by plaintiffs or their counsel.
15 4. On December 8, 2023, Intervenor set the depositions of plaintiffs for February 10, 2024.
16 Attached as Exhibit “C” is a true and correct copy of the Notice of Deposition of Plaintiff Pedro
17 Marquez and Guadalupe Silva. Plaintiffs’ counsel objected to this deposition date of February 10, 2024
18 and provided deposition date for plaintiffs deposition for March 13, 2024.
19 5. Attached as Exhibit D is a true and correct copy of the amended notice of deposition served
20 on Plaintiffs’ counsel.
21 6. Neither Plaintiffs nor plaintiffs’ counsel appeared at the deposition as noticed. Plaintiffs
22 Counsel indicated that they were unable to get a hold of their client and forgot to tell Intervenor’s
23 counsel’s office that they would not be appearing at the deposition. Attached as Exhibit “E” is a true
24 and correct copy of correspondence with plaintiffs’ counsel regarding the deposition.
25 7. Attached as Exhibit “F” is a true and correct copy of the notice of non-appearance.
26 8 I attempted to meet and confer with plaintiffs counsel regarding deposition dates of
27 plaintiffs and by telephoning and emailing plaintiff's counsel, including two remote technology calls
28 that plaintiffs agreed to appear but did not appear as previously indicated. Attached as Exhibit “F” is a
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NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN
THE ALTERNATIVE ISSUE/EVIDENTIARY SANCTIONS AGAINST PLAINTIFF PEDRO MARQUEZ
true and correct copy of the meet and confer efforts with plaintiffs’ counsel regarding the deposition.
9. My hourly rate for this matter is $195.00. Intervenor has incurred legal fees in the sum of
$585.00 for the preparation of this motion (3.0 hours at $195.00 per hour). The filing fee for this
motion is $60.00. Intervenor anticipates an additional $390.00 to review and reply to opposition to this
motion (2.0 hour at $195.00 per hour). Intervenor anticipates an additional sum of $409.50 to travel and
attend the hearing on this motion (2.1 hours at $195.00 per hour). Further, Intervenor’s counsel met and
conferred with Counsel, incurring the sum of $195.00 (1.0 hours at $195.00 per hour.) For purposes of
this motion, Intervenor only seeks $1,054.50. Intervenor therefore requests the Court grant monetary
sanctions in the total amount of $1,054.50 against plaintiff
and plaintiff's counsel.
10 10. Attached as Exhibit “G” is a true and correct copy of the invoices from the court reporter’s
11 office for the missed deposition costs of $1,444.10. We request total sanctions in the amount of
12 $2,498.60 for this motion.
13 I declare under penalty of perjury under the laws of the State of California that the foregoing is
14 true and correct.
15 Executed April 2, 2024, in Ventura, California.
tf
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Guillermo E. Partida
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NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN
THE ALTERNATIVE ISSUE/EVIDENTIARY SANCTIONS AGAINST PLAINTIFF PEDRO MARQUEZ
Exhibit A
Superior Court of California
fis County of Kern
“
Bakersfield Department 17
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Date: 09/14/2023 Time: 8:00 AM - 5:00 PM
BCV-20-100831
MARQUEZ VS WYNDHAM WORLDWIDE CORPORATION ET AL.
Courtroom Staj
Honorable: Thomas S. Clark Clerk: Linda K. Hall
NATURE OF PROCEEDINGS: RULING RE: MOTION TO COMPEL
The Court reaches the following decision:
The motion of Intervenor California Capital Insurance Company to Compel Further Responses to Demand for
Production of Documents, for legible documents and for sanctions came on for hearing on the 8:30 a.m. calendar
September 14, 2023 in Dept. 17. Guillermo Partida appeared remotely for Intervenor and moving party. Shelan
Toma appeared for Plaintiff and responding party Pedro Marquez.
The Court indicated that its tentative was to grant the unopposed motion and to order sanctions in a reduced
amount because moving party did not have to analyze an opposition or prepare a Reply.
Ms. Toma asked to be allowed to present oral opposition, arguing that she had failed to calendar the motion due,
in part, to personal health matters. The Court allowed oral argument. Ms. Toma asked for clarification as to who
the sanctions were to ordered against and the Court indicated that it wished to take the matter under submission
to review the Notice of motion before making that ruling.
The Court has now reviewed the Notice and other matters in the Court file. The Notice sought sanctions against
both Plaintiff Marquez and attorney Janfaza.
As the Court indicated during oral argument, it was not swayed by the "calendaring error" excuse, since it had
heard that excuse on more than one occasion from this office, the most recent occasion being earlier this week on
another case.
The Court also takes notice that not only was the notice of this motion served by mail on August 14, but it was
served by email on August 14 on the following email addresses: ilan@hotelinjurylaw.com;
mia@hotelinjurylaw.com; lauren@hotelinjurylaw.com; jennifer@hotelinjurylaw.com; and
litigation@hotelinjurylaw.com.
On August 15, a day after receipt of email notice of this motion, Ms. Toma appeared remotely at a Case
Management Conference in this case. At that time it was discussed that a further motion had been scheduled for
September 14. The Minutes of the August 15 Case Management Conference, which were uploaded to the Court
RULING
Page 1 of 4
MARQUEZ VS WYNDHAM WORLDWIDE CORPORATION ET AL BCV-20-100831
‘MINUTES FINALIZED BY: Linda Hall on: 9/14/2023
website, also referenced the September 14 hearing date.
The Court accepts Mr. Partida's representation that he has not received verifications in connection with previous
discovery responses.
The Court orders that Plaintiff Pedro Marquez obtain and provide to counsel legible copies of the documents.
The Court orders that Plaintiff Pedro Marquez provide further, verified and code-compliant responses to the
Demand for Production of Documents and responsive documents by October 13, 2023.
The Court orders that Plaintiff Marquez and attorney Janfaza pay sanctions in the reduced amount of $1054.50 by
October 13, 2023 to counsel for Intervenor.
The Court has signed the proposed order, modified to be consistent with this ruling. Intervenor is directed to
provide notice of entry. The Clerk is directed to provide additional notice by serving a copy of these Minutes on
counsel of record by U.S. mail (or by email if she has access to email addresses of counsel).
Copy of ruling and modified order emailed and/or mailed to all counsel as stated on the attached declaration.
Minute order notice.
FUTURE HEARINGS:
February 15, 2024 8:15 AM Case Management Conference
Clark, Thomas S.
Bakersfield Department 17 located at 1415 Truxtun Avenue
Sheriff, Deputy
February 15, 2024 8:30 AM Order to Show Cause - CRC 3.110
Clark, Thomas S.
Bakersfield Department 17 located at 1415 Truxtun Avenue
Sheriff, Deputy
None, .
RULING
Page 2 of 4
MARQUEZ VS WYNDHAM WORLDWIDE CORPORATION ET AL BCV-20-100831
‘MINUTES FINALIZED BY: Linda Hall on: 9/14/2023
MARQUEZ VS WYNDHAM WORLDWIDE CORPORATION ET AL
BCV-20-100831
CERTIFICATE OF MAILING AND/OR EMAIL****#*#*###
The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California,
in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in
the County of Kem, and not a party to the within action, that I served the Ruling dated September 14, 2023 attached
hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof,
enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following
standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached
mailing list.
Date of Mailing: September 14, 2023
Place of Mailing: Bakersfield, CA
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Tamarah Harber-Pickens
CLERK OF THE SUPERIOR COURT
Date: September 14, 2023
By: undatan Ane.
Linda Hall, Deputy Clerk
Cb
Signed: 9/14/2023 11:31 AM
Certificate of Mailing
Page 3 of 4
MARQUEZ VS WYNDHAM WORLDWIDE CORPORATION ET AL
BCV-20-100831
MAILING LIST
ILAN N ROSEN JANFAZA GUILLERMO PARTIDA
LAW OFFICES OF ILAN N ROSEN JANFAZA APC SLAUGHER REAGAN & COLE LLP
9025 WILSHIRE BLVD STE 304 625 E SANTA CLARA ST #101
BEVERLY HILLS CA 90211-1827 VENTURA CA 93001-3284
Ilan N Rosen Janfaza, Esq. ilan@ hotelinjurylaw.com
ilan@ hotelinjurylaw.com partida@srllplaw.com
mia@ hotelinjurylaw.com
lauren@ hotelinjurylaw.com
jennifer@ hotelinjurylaw.com
litigation hotelinjurylaw.com
Certificate of Mailing
Page 4 of 4
Exhibit B
Electronically Received: 11/1/2023 4:3] PM
SLAUGHTER, REAGAN & COLE, LLP
ATTORNEYS AT LAW
625 E. SANTA CLARA STREET, SUITE 101
VENTURA, CALIFORNIA 93001 KER! NOU INTY
‘TELEPHONE: (805) 658-7800
FACSIMILE: (805) 644-2131 DEC ry 7 2023
Barry J. Reagan — State Bar No. 156095 BY. DEPUTY
reagan@srllplaw.com
Guillermo E. Partida — State Bar No. 242817
partida@srllplaw.com
Attorneys for (Proposed) Intervenor,
CALIFORNIA CAPITAL INSURANCE COMPANY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF KERN
i PEDRO MARQUEZ; GUADALUPE SILVA; Case No. BCV-20-100831
CRYSTAL MARQUEZ, a minor, by Pedro
12 Marquez; JOSHUA MARQUEZ, a minor, by Assigned to Hon. Judge Thomas S. Clark
zo Pedro Marquez; DAVID MARQUEZ, a Department 17
58 ga
8a 13 minor, by Pedro Marquez; and MARIVI
eee MARQUEZ, a minor, by Pedro Marquez, Complaint Filed: April 6, 2021
Zee 14
; Pamela Holman
Cc: ilan@hotelinjurylaw.com; litigation@hotelinjurylaw.com
Subject: RE: Marquez v. Wyndham Worldwide Corp., et al.
Hi Rannya,
We are awaiting the attorney and deponent for this deposition.
Please advise ETA.
Thanks,
Bert
Be
LEVbp are seer1, | Woo aw
Guillermo “Bert” Partida
Slaughter, Reagan & Cole
625 E. Santa Clara Street, Suite 101
Ventura, California 93001
Phone (805) 658-7800 - Extension 123
Ema partida@srliplaw.com
Facsimile (805) 644-2131
Website: http://www.srllplaw.com
GO GREEN: Please consider the environment before you print.
NOTICE IS HEREBY GIVEN that this office a not accept ex parte notice via email and does not a pt or
consent to t service of process, motions, pleadings, documents, or any ather items by electronic format
's consent to such service is given and is given expressly. In the event of such an express agr ment,
ele ¢ is only val i the communication is se to all required email addresses. Correspondence
via electronic mat do 25 not indicate agreement or consent to ac ptance
of servic in that format.
ENTIAL NOTICE: The info tion contained in his commu ation, including attachments, is
eged and confidential. itisin nded only for the e) lusive t of the addressee. if 2 reader of this
mess eis not the intended pient, or the employ 2 or agent r ponsitla for delivering it to the intended
recipient, you are hereby notified that any diss: ination, distribution or copying of this communication is
Ventura, California 93001
Phone: (805) 658-7800 - Extension 123
Emai partida@srllplaw.com
Facsimile (805) 644-2131
Website: http://www.srllplaw.com
GO GREEN: Please consider the environment before you print.
NOTICE IS HEREBY GIVEN that this office does not accept ex parte notice via email and does not accept
or consent to the service of process, motions, pleadings, documents, or any other items by electronic
format unless consent to such service is given and is given expressly. In the event of such an express
agreement, electronic service is only valid if the communication is sent to all required email addresses.
Correspondence via electronic format does not indicate agreement or consent to acceptance of service
in that format.
.
CONFIDENTIALITY NOTICE: The information contained in this communication, including attachments, is
privileged and confidential. it is intended only for the exclusive use of the addressee. if the reader of
this message is not the intended recipient, or the employee or agent responsible for delivering it to the
intended recipient, you are hereby notified that any dissemination, distribution or copying of this
communication is strictly prohibited. if you have received this communication in error please notify us
by telephone immediately at (805) 658-7800. Thank you.
From: Guillermo Partida
Sent: Wednesday, March 13, 2024 10:27 AM
To: ilan@hotelinjurylaw.com; 'mia@hotelinjurylaw.com' ;
‘lauren@hotelinjurylaw.com' ; jennifer@hotelinjurylaw.com;
litigation@hotelinjurylaw.com; ‘Rannya Ibrahem'
Cc: Pamela Holman
Subject: FW: Marquez v. Wyndham Worldwide Corp., et al.
Hi Ilan,
| just got off the phone with Ms. Toma and Rannya, who informed me that your office was unable to get a
hold of plaintiffs for today’s deposition and apologized for not informing my office.
Please let me know if you are available to discuss this case today or tomorrow and a time to do so.
Thanks,
Bert
CLEpa ritaler1 oe a
Guillermo “Bert” Partida
Slaughter, Reagan & Cole
625 E. Santa Clara Street, Suite 101
Ventura, California 93001
Phone: (805) 658-7800 - Extension 123
Email: partida@srliplaw.com
Facsimile (805) 644-2131
Website: http: ‘www.srllplaw.com
GO GREEN: Please consider the environment before you print.
NOTICE IS HEREBY GIVEN that this office does not accept ex parte notice via email and does not accept
or consent to the service cess, motions, pleadings, docume: or any other items by electronic
format unless consent to such service is given and is given expressly. in the event of such an express
agreement, electronic service is only val if the communication is sent to ail required email addresses.
Correspondence via electronic format does not indicate agreement or consentto acceptance of service
in that format.
CONFIDENTIALITY NOTICE: The information contained in is communication, including attachments, is
privile; ed and confidential. It is intended only for the exclusive use of the addressee. If the readerof
this mes: Be ot ththe intended recipient, or the employee or agen! ‘esponsible for di ing it to the
intended recipient, you are hereby noti that any dissemination, distribution or copying of this
10
strictly prohibited. If you have received this communication in error please notify us by telephone
immediately at (805) 658-7800. Thank you
From: Rannya Ibrahem
Sent: Thursday, February 15, 2024 1:28 PM
To: Pamela Holman
Ce: ilan@hotelinjurylaw.com; litigation@hotelinjurylaw.com; Guillermo Partida
Subject: Re: Marquez v. Wyndham Worldwide Corp., et al.
Thank you.
Sincerely,
Rannya Ibrahem
Legal Assistant
Law Offices of Ilan N. Rosen Janfaza, A.P.C.
9025 Wilshire Blvd., Suite 304
Beverly Hills, CA 90211
310-773-8689 - Direct Line
310-861-9000 - Fax Line
CONFIDENTIALITY NOTICE: This email and its attachments may contain attorney-client, work product or other privileged,
confidential or proprietary information and may be exempt from disclosure under applicable laws. This email and its attachments
are for the intended recipient(s) only. If you are not the intended recipient, any dissemination, disclosure, distribution, or copying of
this email or its attachments is strictly prohibited. If you received this email or its attachments in error, please contact the sender of
this email immediately and delete all copies of this email and its attachments.
DISCLAIMER: Nothing contained herein should be construed as creating an attorney-client relationship or the rendering of legal
advice. Unless a formal written retainer agreement has been fully executed, no action will be taken to protect your rights. Be advised
that all litigation matters have applicable statute of limitations that prescribe the last day on which a lawsuit or claim may be filed on
your behalf. If you miss that date, it will be impossible for you to pursue your rights in court.
On Thu, Feb 15, 2024 at 1:13 PM Pamela Holman wrote:
Hello Rannya.
We will send amended notices for March 13, 2024.
Thank you.
-Pam Holman
ertenns tae ter A oe io
Pamela Holman
Legal Assistant to Guillermo E. Partida, Esq.,
Alexandra E. Soltis, Esq., and Clayton D. Reagan, Esq.
Slaughter, Reagan & Cole
625 E. Santa Clara Street, Suite 101
Ventura, California 93001
Phone: (805) 658-7800 - Extension 136
Email pholman@srllplaw.com
Facsimile (805) 644-2131
Website: http: www.srllplaw.com
GO GREEN: Please consider the environment before you print.
NOTICE IS HEREBY GIVEN that this office does not accept ex parte notice via email and does not accept or consent to the service of process, motions, pleadings,
documents, or any other items by efectronic format unless consent to such service is given and is given expressly. In the event of such an express agreement lectronic
service is only valid if the communication is sent to all required email addresses. Correspondence via electronic format does not indicate agreement or consent to
acceptance of service in that format,
CONFIDENTIALITY NOTICE: The information contained in this communication, including attachments, is privileged and
confidential. It is intended only for the exclusive use of the addressee. If the reader of this message is not the intended recipient, or the employee or agent
responsible for deliverin it to the intended recipient, you are hereby notified that any dissemination, stribution or copying of this communication is strictly
prohibited. If ‘ou have received this communication in error please notify us by telephone immediately at (805) 658-7800. Thank you
From: Rannya Ibrahem
Sent: Thursday, February 15, 2024 9:10 AM
To: Pamela Holman
Cc: ilan@hotelinjurylaw.com; litigation@hotelinjurylaw.com; Guillermo Partida
Subject: Re: Marquez v. Wyndham Worldwide Corp., et al.
Hi Pamela,
We are not available on February 20, 2024 for the depositions. Are we able to continue them to March 13, 2024 instead?
Thank you for your time and understanding.
Sincerely,
Rannya Ibrahem
Legal Assistant
Law Offices of Ilan N. Rosen Janfaza, A.P.C.
9025 Wilshire Blvd., Suite 304
Beverly Hills, CA 90211
310-773-8689 - Direct Line
310-861-9000 - Fax Line
CONFIDENTIALITY NOTICE: This email and its attachments may contain attorney-client, work product or other privileged,
confidential or proprietary information and may be exempt from disclosure under applicable laws. This email and its attachments
are for the intended recipient(s) only. If you are not the intended recipient, any dissemination, disclosure, distribution, or copying of
this email or its attachments is strictly prohibited. If you received this email or its attachments in error, please contact the sender of
this emai
Preview
SLAUGHTER, REAGAN & COLE, LLP ATTORNEYS AT LAW 625 E, SANTA CLARA STREET, SUITE 101 VENTURA, CALIFORNIA 93001 TELEPHONE: (805) 658-7800 FACSIMILE: (805) 644-2131 Barry J. Reagan — State Bar No. 156095 eagan@srllplaw.com Guillermo E. Partida — State Bar No. 242817 partida@srllplaw.com Attorneys for (Proposed) Intervenor CALIFORNIA CAPITAL INSURANCE COMPANY SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF KERN 11 PEDRO MARQUEZ; GUADALUPE SILVA; Case No. BCV-20-100831 CRYSTAL MARQUEZ, a minor, by Pedro 12 Marquez; JOSHUA MARQUEZ, a minor, by Assigned to Hon. Judge Thomas S. Clark Pedro Marquez; DAVID MARQUEZ, a Department 17 13 minor, by Pedro Marquez; and MARIVI MARQUEZ, a minor, by Pedro Marquez, Complaint Filed: April 6, 2021 14 Plaintiff, INTERVENOR CALIFORNIA CAPITAL 15 INSURANCE COMPANY’S NOTICE OF vs. MOTION AND MOTION FOR 16 TERMINATING SANCTIONS AND WYNDHAM WORLDWIDE MONETARY SANCTIONS AGAINST 17 CORPORATION; WYNDHAM PLAINTIFF PEDRO MARQUEZ OR IN DESTINATIONS, INC.; DAYS INN BY THE ALTERNATIVE MOTION TO 18 WYNDHAM BAKERSFIELD; and DOES 1 COMPEL DEPOSITION OF PLAINTIFF through 20, inclusive, OR EVIDENTIARY SANCTION; 19 MEMORANDUM OF POINTS AND Defendants. AUTHORITIES; DECLARATION OF 20 GUILLERMO E. PARTIDA IN SUPPORT THEREOF 21 (Filed concurrently with Proposed Order 22 thereon) 23 Date: May 8, 2024 Time: 8:30 a.m. 24 Dept.: 17 25 26 27 28 1 NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN THE ALTERNATIVE ISSUE/EVIDENTIARY SANCTIONS AGAINST PLAINTIFF PEDRO MARQUEZ TO THIS HONORABLE COURT AND ALL PARTIES AND THEIR COUNSEL OF RECORD HEREIN: PLEASE TAKE NOTICE that on May 8, 2024, at 8:30 a.m., or as soon thereafter as the matter may be heard, in Department 17, of the above-entitled court located at 1415 Truxtun Avenue, Bakersfield, California 93301, INTERVENOR, CALIFORNIA CAPITAL INSURANCE COMPANY (“Intervenor’), will and hereby does move the Court for the following will, and hereby do, move this Court for an order for terminating and monetary sanction against Plaintiff PEDRO MARQUEZ (“Marquez”), or in the alternative, to compel Plaintiff Marquez to appear for deposition. The terminating sanctions are multiple failures to comply with the Orders of this Court, including the 10 Orders entered on September 14, 2023, and December 7, 2023 and for Plaintiffs blatant disregard and 11 failure to comply with the Civil Discovery Act. (Code of Civil Procedure §§ 2023.010 et seq.) 12 Plaintiff's repeated refusal to comply with Court Orders and intentional refusal to participate in 13 discovery has precluded Intervenor from exercising its rights to process and analyze this case and 14 prepare for trial. These intentional actions warrant an Order of Dismissal with Prejudice in favor of 15 Intervenor for plaintiff's dilatory prosecution and repeated disregard of the Court’s Orders in this 16 matter. 17 Intervenor also requests monetary sanctions in the amount of $2,498.60 in sanctions against 18 Plaintiff Marquez and Marquez’s counsel, Ilan Rosen Janfaza, Esq of the Law Offices of Ilan Rosen 19 Janfaza for continued abuse of the discovery process. 20 This motion for terminating sanctions is made pursuant to Code of Civil Procedure sections 21 1209(a)(5) and 1211(a). The request for sanctions, attorneys’ fees and costs is brought pursuant to 22 Code of Civil Procedure sections 1209(a)(5), 1211(a), 1218(a), 177.5, 2023.010 and 2023.030. The 23 alternative motion is based on Code of Civil Procedure Sections 2016.040, 2023.010, 2025.010, 24 2025.230, 2025.240, 2025.450, 2025.280, 2023.030, 2025.410. 25 Mit 26 Mit 27 Mit 28 Mit 2 NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN THE ALTERNATIVE ISSUE/EVIDENTIARY SANCTIONS AGAINST PLAINTIFF PEDRO MARQUEZ This motion and request will be based upon this notice, the attached memorandum of points and authorities, the attached declaration of counsel, any records in this action, and upon such oral and documentary evidence as may be presented at or prior to the hearing of this motion. DATED: April 2, 2024 SLAUGHTER, REAGAN & COLE, LLP By: WM Godié Barry J. Regan Guillermo E. Partida Attorneys Intervenor, California Capital Insurance Company 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN THE ALTERNATIVE ISSUE/EVIDENTIARY SANCTIONS AGAINST PLAINTIFF PEDRO MARQUEZ MEMORANDUM OF POINTS AND AUTHORITIES I INTRODUCTION/STATEMENT OF FACTS On September 13, 2023, the Court granted INTERVENOR, CALIFORNIA CAPITAL INSURANCE COMPANY (“Intervenor’’) motion to compel code compliant verified responses to discovery and for plaintiff to produce legible documents in response to Request for Production of Documents (Set One). Further, monetary sanctions were ordered against plaintiff, PEDRO MARQUEZ (“Marquez”) and his counsel Ilan Janfaza, Esq. of Law Office of Ilan Rosen Janfaza in the amount of $1,054.50, which were to be paid by October 13, 2023, along with above verified responses. 10 On December 7, 2023, the Court ordered issued sanctions for failure to comply with the 11 September 13, 2023 order and further ordered monetary sanctions in the amount of $1,054.50 to be 12 paid by January 31, 2024. was served on Plaintiff's counsel, which provided notice of the above. 13 As of the time of filing this motion, no sanctions have been paid. 14 Intervenor set the in-person deposition of plaintiffs Pedro Marquez and Guadalupe Silva for 15 February 20, 2024 to which plaintiffs’ counsel objected due to unavailability. Plaintiffs’ counsel 16 provided an available date of March 13, 2024 for plaintiffs’ deposition and an amended notice 17 followed. 18 On March 13, 2024, I appeared at the deposition of plaintiffs in Bakersfield along with the 19 Court Reporter and videographer. However, neither plaintiffs nor plaintiffs’ counsel appeared for 20 deposition. I contacted counsel, who informed me that they forgot to inform that they were unable to 21 contact their client. A notice of nonappearance was taken for plaintiffs failure to appear at deposition. 22 l attempted to meet and confer with plaintiffs counsel regarding the payment of costs for court 23 reporter for having appeared at the deposition but plaintiffs’ counsel did not appear at the two calls to 24 discuss. 25 Il. THE COURT MAY DISMISS PLAINTIFF’S CASE FOR FAILURE OBEY COURT 26 ORDER AND CONTINUED ABUSE OF DISCOVERY PROCESS. 27 It is well established that a court has inherent power to punish contempt of court. (/n re 28 McKinney, 70 Cal. 2d 8, 10-11 (Cal. 1968) (citing Jn re Shortridge, 99 Cal. 526, 532 [34 P. 227, 37 4 NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN THE ALTERNATIVE ISSUE/EVIDENTIARY SANCTIONS AGAINST PLAINTIFF PEDRO MARQUEZ Am.St.Rep. 78, 21 L.R.A. 755]; see, ¢.g., Hull v. Superior Court, 4 Cal.2d 139, 153 [5 Cal.Rptr. 1, 352 P.2d 161] [concurring opinion]; Bridges v. Superior Court, 14 Cal.2d 464, 480 [94 P.2d 983]; In re San Francisco Chronicle, | Cal.2d 630, 634 [36 P.2d 369]; Briggs v. Superior Court, 211 Cal. 619, 627 [297 P. 3]; [*11] Inre Shuler, 210 Cal. 377, 397 [292 P. 481]; Blodgett v. Superior Court, 210 Cal. 1, 14 [290 P. 293, 72 A.L.R. 482]; Lamberson v. Superior Court, 151 Cal. 458, 461 [91 P. 100, 11 L.R.A.N.S. 619]; Vaughn v. Municipal Court, 252 Cal.App.2d 348, 358 [60 Cal.Rptr. 575]; In re Hallinan, 126 Cal.App. 121, 132-133 [14 P.2d 797].) Code of Civil Procedure sections 1209 and 1211 state in pertinent part as follows: “The following acts or omissions in respect to a court of justice, or proceedings therein, are contempts of the authority of the court: 10 (5) Disobedience of any lawful judgment, order, or process of the court. 11 12 When the contempt is not committed in the immediate view and presence of the court, or of the judge at chambers, an affidavit shall be presented to the 13 court or judge of the facts constituting the contempt, or a statement of the facts by the referees or arbitrators, or other judicial officers.” 14 15 For the reasons stated herein, Plaintiff has committed contempt by failing to abide by the 16 Court’s Order regarding discovery in this action. These facts are further outlined within the attached 17 declaration of Guillermo Partida, Esq., and include Plaintiffs failure to abide by the Court’s Order of 18 September 13, 2023. Further, this has become a pattern of plaintiff wherein she also ignored the 19 Court’s further Order of December 7, 2023, failing to pay Court ordered sanctions. Further, plaintiffs 20 failed to engage in the discovery process by appearing at the arranged and noticed deposition. 21 Plaintiff has repeatedly shown contempt for the Court’s Orders, wholly ignoring them and 22 responding at her own convenience. Plaintiff has also shown disdain for the entire discovery process as 23 she has not responded to a single set of discovery without the need for Court intervention or appear at 24 deposition. Plaintiff has not even made a minimal effort to be forthcoming and cooperative in the 25 litigation that plaintiff commenced. Plaintiffhas willfully disobeyed multiple valid Court Orders. For 26 these reasons, Plaintiff should be held in contempt of court and this motion should be granted. 27 When a party misuses the discovery process, “California trial courts possess the inherent 28 power to issue a terminating sanction for pervasive misconduct....” Stephen Slesinger, Inc. v. Walt 5 NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN THE ALTERNATIVE ISSUE/EVIDENTIARY SANCTIONS AGAINST PLAINTIFF PEDRO MARQUEZ Disney Co. (2007) 155 Cal. App. 4th 736, 765. The Civil Discovery Act also grants courts the power to impose terminating sanctions for any misuse of the discovery process, including by “[a]n order dismissing the action, or any part of the action, of that party.” Civ. Proc. Code § 2023.030(e); Civ. Proc. Code § 2023.310(i); Doppes v. Bentley Motors, Inc. (2009) 174 Cal. App. 4th 967, 992. While “Ta] decision to order terminating sanctions should not be made lightly, 99 66, where a violation is willful, preceded by a history of abuse, and the evidence shows that less severe sanctions would not produce compliance with the discovery rules, the trial court is justified in imposing the ultimate sanction.” Mileikowsky v. Tenet Healthsystem (2005) 128 Cal. App. 4th 262, 279-280. Til. THIS IS AN APPROPRIATE CASE FOR ISSUANCE OF TERMINATING 10 SANCTIONS DUE TO PLAINTIFF’S UNWILLINGESS TO PARTICIPATE IN 11 THE DISCOVERY PROCESS AND VIOLATION OF THIS COURT’S ORDER. 12 The Court is not required to have infinite patience in these situations. Our court system is 13 already grossly overburdened and underfunded. A party who is unwilling to or unable to perform the 14 obligations of litigation with diligence should not be surprised when the right to proceed is lost. 15 (Jerry’s Shell v. Equilon Enterprises, LLC (2005) 134 Cal.App.4th 1058, 1069.) It is important to 16 note that willfulness is no longer a requirement for imposition of discovery sanctions. (Ghanooni v. 17 Super Shuttle (1993) 20 Cal.App.4th 256, 260; See, also, Code Civ. Proc. §§2023.010, 2023.030.) 18 Code of Civil Procedure section 2023.030 provides, in pertinent part: 19 “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any 20 affected party, person, or attorney, and after opportunity for hearing, may impose the following sanctions against anyone engaging in conduct that is a 21 misuse of the discovery process: 22 (d) The court may impose a terminating sanction by one of the following 23 orders: (1) An order striking out the pleadings or parts of the pleadings of any 24 party engaging in the misuse of the discovery process. (2) An order staying further proceedings by that party until an order for 25 discovery is obeyed. 26 (3) An order dismissing the action, or any part of the action, ofthat party. (4) An order rendering a judgment by default against that party.” 27 28 Further, section 2023.010(g) makes disobedience of a Court Order to provide discovery a 6 NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN THE ALTERNATIVE ISSUE/EVIDENTIARY SANCTIONS AGAINST PLAINTIFF PEDRO MARQUEZ misuse of the discovery process. As set forth in both Code of Civil Procedure sections 2030.290 and 2031.300, a terminating sanction such as dismissing the action and entering judgment thereon, is authorized pursuant to Code of Civil Procedure section 2023.030(d)(3). For interrogatories, Code of Civil Procedure section 2030.290(c), and for demand for production of documents, Code of Civil Procedure section 2031.300(c) both state in pertinent part: “If a party then fails to obey an order compelling answers, the court may make those orders that are just, including the imposition ofan issue sanction, an evidence sanction or a terminating sanction under Chapter 7 (commencing with Section 2023.010).” Here, as stated above, the first set of plaintiff's responses took four months, two motions to 10 compel before issue sanctions were ordered by the Court. Despite being ordered to provide responses 11 and pay sanctions, Plaintiff never provided full code compliant responses over two months after the 12 Court’s Ordered initial timeframe. The motions clearly taught plaintiffs nothing, as they have engaged 13 in the same abusive conduct over and over again, including most recently failing to appear at the 14 mutually agreed upon date. Moving Intervenor followed-up with plaintiffs’ counsel regarding the 15 deposition of plaintiffs but received the same utter lack of response, necessitating this motion. 16 Plaintiff has put forth no effort to be cooperative and forthcoming throughout this litigation. If 17 plaintiff is unwilling or unable to perform her discovery obligations, and continues to willfully 18 disobey the Court’s Orders, then terminating sanctions are appropriate. Moving Intervenor request 19 that plaintiffs operative pleading be dismissed with prejudice. 20 IV. IN THE ALTERNATIVE, THE COURT SHOULD COMPEL PLAINTIFFS’ 21 DEPOSITIONS AND ISSUE FURTHER MONETARY SANCTIONS. 22 Code of Civil Procedure section 2025.450 and 2025.410 state in pertinent part as follows: 23 “Any party may obtain discovery within the scope delineated by Chapter 2 ... by taking in California the oral deposition of any person, including any party 24 to the action. The person deposed may be a natural person, an organization such as a public or private corporation, a partnership, an association, or a 25 governmental agency.” Code Civ. Proc., § 2025.010. 26 “Ifa deponent on whom a deposition subpoena has been served fails to attend 27 a deposition or refuses to be sworn as a witness, the court may impose on the 28 7 NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN THE ALTERNATIVE ISSUE/EVIDENTIARY SANCTIONS AGAINST PLAINTIFF PEDRO MARQUEZ deponent the sanctions described in Section 2020.240.” Code Civ. Proc., § 2025.450. “Any party served with a deposition notice that does not comply with Article 2 (commencing with Section 2025.210) waives any error or irregularity unless that party promptly serves a written objection specifying that error or irregularity at least three calendar days prior to the date for which the deposition is scheduled, on the party seeking to take the deposition and any other attorney or party on whom the deposition notice was served. Code Civ. Proc., § 2025.410(a)” Code Civ. Proc., § 2025.450. “If after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having a valid objection under Section 2025.410, fails to appear for examination, or to 10 proceed with it, or to produce for inspection any document, electronically 11 stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent’s 12 attendance and testimony. . . .” Code Civ. Proc., § 2025.450 (Emphasis Added). 13 In the instant case a valid deposition notice was served on plaintiff upon mutually agreed upon 14 date of plaintiffs. No formal objection was served in response. Plaintiff's counsel then waited until the 15 deposition commenced to inform counsel that they were not going to appear because they were uable to 16 contact plaintiffs. A certificate of non-appearance was taken. To date, no new deposition date has been 17 confirmed although Intervenor attempted to meet and confer with plaintiffs’ counsel. 18 There is no time limit on a bringing a motion to compel plaintiffs deposition where plaintiff 19 failed to appear. Moving Intervenor attempted to meet and confer regarding plaintiff’s failure to appear. 20 Plaintiff has made no effort to reasonably comply with discovery obligations in this case, completely 21 hindering moving Intervenor’s ability to adequately prepare for the upcoming trial in this matter. 22 An appropriate evidentiary sanction would be for plaintiffto be precluded from providing oral 23 testimony at trial. 24 A court may impose monetary sanctions against a party for misuses of the discovery process. 25 Civ. Proc. Code § 2023.030(a). Where the misuse causes the party seeking discovery to incur costs, 26 including attorneys' fees, the party seeking discovery may be awarded monetary sanctions in the 27 amount of such costs and fees. Civ. Proc. Code § 2023.030(a). 28 8 NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN THE ALTERNATIVE ISSUE/EVIDENTIARY SANCTIONS AGAINST PLAINTIFF PEDRO MARQUEZ Additionally Code of Civil Procedure section 2025.450(g) states: “(1) Ifa motion under subdivision (a) is granted, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) in favor of the party who noticed the deposition and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” Code Civ. Proc., § 2025.450 (emphasis added). As stated above, plaintiff's counsel was served with a timely and properly noticed deposition notice for plaintiff. Plaintiff served no formal objections to the notice and then failed to appear after giving a mutually agreed upon date. Moving Intervenor attempted to meet and confer regarding new 10 dates for the depositions, but plaintiff has not confirmed any new specific deposition date. 11 Plaintiffs cannot show substantial justification for her failure to appear and therefore, the 12 imposition of sanctions is mandatory. Moving Intervenor was forced to incur at least $1,444.10 for the 13 court reporter and videographers time for the late cancellation fee. As is further outlined in the attached 14 declaration, the amount of the requested sanctions is $2,498.60. Thus, the Court should impose 15 sanctions in the amount of $2,498.60 against Plaintiff and plaintiff's counsel in addition to paying 16 unpaid sanction in the amount of $2,109.00. 17 Vv. CONCLUSION 18 For the reasons set forth above, Intervenor respectfully requests that the Court grant Intervenor’s 19 Motion, dismiss Plaintiffs case with prejudice, and order Plaintiff and plaintiffs counsel Ilan Rosen 20 Janfaza, Esq. to pay Intervenor's fees and costs in the amount of $2,498.60, incurred as a result of its 21 blatant and unexcused abuse of the judicial process. Alternatively, Intervenor respectfully requests that 22 the Court impose issue and evidentiary sanctions by precluding Plaintiff from providing oral testimony 23 at trial. 24 DATED: April 2, 2024 SLAUGHTER, REAGAN & COLE, LLP 25 By: LZ yA. / ‘teh 26 Barry J. Regan Guillermo E. Partida 27 Attorneys Intervenor, California Capital Insurance Company 28 9 NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN THE ALTERNATIVE ISSUE/EVIDENTIARY SANCTIONS AGAINST PLAINTIFF PEDRO MARQUEZ DECLARATION OF GUILLERMO E. PARTIDA I, Guillermo E. Partida, declare as follows: 1 Iam an attorney at law, duly licensed to practice before all courts of the State of California. lam an associate of Slaughter, Reagan & Cole, LLP, attorneys of record for Intervenor, CALIFORNIA CAPITAL INSURANCE COMPANY in this action. I make this declaration in support of Intervenors’ motion to compel discovery responses. I have personal knowledge of the facts set forth in this declaration. 2. Attached hereto as Exhibit “A” is a true correct copy of Notice of Entry of Order on plaintiff Pedro Marquez from Court Order of September 14 ,2023. The Court Ordered further 10 responses to discovery, including payment of sanctions, which plaintiff did not comply with. Thus, a 11 motion to compel further responses and evidentiary sanction was filed. 12 3. Attached as Exhibit “B” is a true and correct copy of the Court’s December 7, 2023 order 13 issuing evidentiary sanctions and ordering additional sanctions and all sanctions paid by January 31, 14 2024. To date, the total sanctions award of $2,109.00 have not been paid by plaintiffs or their counsel. 15 4. On December 8, 2023, Intervenor set the depositions of plaintiffs for February 10, 2024. 16 Attached as Exhibit “C” is a true and correct copy of the Notice of Deposition of Plaintiff Pedro 17 Marquez and Guadalupe Silva. Plaintiffs’ counsel objected to this deposition date of February 10, 2024 18 and provided deposition date for plaintiffs deposition for March 13, 2024. 19 5. Attached as Exhibit D is a true and correct copy of the amended notice of deposition served 20 on Plaintiffs’ counsel. 21 6. Neither Plaintiffs nor plaintiffs’ counsel appeared at the deposition as noticed. Plaintiffs 22 Counsel indicated that they were unable to get a hold of their client and forgot to tell Intervenor’s 23 counsel’s office that they would not be appearing at the deposition. Attached as Exhibit “E” is a true 24 and correct copy of correspondence with plaintiffs’ counsel regarding the deposition. 25 7. Attached as Exhibit “F” is a true and correct copy of the notice of non-appearance. 26 8 I attempted to meet and confer with plaintiffs counsel regarding deposition dates of 27 plaintiffs and by telephoning and emailing plaintiff's counsel, including two remote technology calls 28 that plaintiffs agreed to appear but did not appear as previously indicated. Attached as Exhibit “F” is a 10 NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN THE ALTERNATIVE ISSUE/EVIDENTIARY SANCTIONS AGAINST PLAINTIFF PEDRO MARQUEZ true and correct copy of the meet and confer efforts with plaintiffs’ counsel regarding the deposition. 9. My hourly rate for this matter is $195.00. Intervenor has incurred legal fees in the sum of $585.00 for the preparation of this motion (3.0 hours at $195.00 per hour). The filing fee for this motion is $60.00. Intervenor anticipates an additional $390.00 to review and reply to opposition to this motion (2.0 hour at $195.00 per hour). Intervenor anticipates an additional sum of $409.50 to travel and attend the hearing on this motion (2.1 hours at $195.00 per hour). Further, Intervenor’s counsel met and conferred with Counsel, incurring the sum of $195.00 (1.0 hours at $195.00 per hour.) For purposes of this motion, Intervenor only seeks $1,054.50. Intervenor therefore requests the Court grant monetary sanctions in the total amount of $1,054.50 against plaintiff and plaintiff's counsel. 10 10. Attached as Exhibit “G” is a true and correct copy of the invoices from the court reporter’s 11 office for the missed deposition costs of $1,444.10. We request total sanctions in the amount of 12 $2,498.60 for this motion. 13 I declare under penalty of perjury under the laws of the State of California that the foregoing is 14 true and correct. 15 Executed April 2, 2024, in Ventura, California. tf 16 ZN jae 17 Guillermo E. Partida 18 19 20 21 22 23 24 25 26 27 28 ll NOTICE OF MOTION AND MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS OR IN THE ALTERNATIVE ISSUE/EVIDENTIARY SANCTIONS AGAINST PLAINTIFF PEDRO MARQUEZ Exhibit A Superior Court of California fis County of Kern “ Bakersfield Department 17 i Date: 09/14/2023 Time: 8:00 AM - 5:00 PM BCV-20-100831 MARQUEZ VS WYNDHAM WORLDWIDE CORPORATION ET AL. Courtroom Staj Honorable: Thomas S. Clark Clerk: Linda K. Hall NATURE OF PROCEEDINGS: RULING RE: MOTION TO COMPEL The Court reaches the following decision: The motion of Intervenor California Capital Insurance Company to Compel Further Responses to Demand for Production of Documents, for legible documents and for sanctions came on for hearing on the 8:30 a.m. calendar September 14, 2023 in Dept. 17. Guillermo Partida appeared remotely for Intervenor and moving party. Shelan Toma appeared for Plaintiff and responding party Pedro Marquez. The Court indicated that its tentative was to grant the unopposed motion and to order sanctions in a reduced amount because moving party did not have to analyze an opposition or prepare a Reply. Ms. Toma asked to be allowed to present oral opposition, arguing that she had failed to calendar the motion due, in part, to personal health matters. The Court allowed oral argument. Ms. Toma asked for clarification as to who the sanctions were to ordered against and the Court indicated that it wished to take the matter under submission to review the Notice of motion before making that ruling. The Court has now reviewed the Notice and other matters in the Court file. The Notice sought sanctions against both Plaintiff Marquez and attorney Janfaza. As the Court indicated during oral argument, it was not swayed by the "calendaring error" excuse, since it had heard that excuse on more than one occasion from this office, the most recent occasion being earlier this week on another case. The Court also takes notice that not only was the notice of this motion served by mail on August 14, but it was served by email on August 14 on the following email addresses: ilan@hotelinjurylaw.com; mia@hotelinjurylaw.com; lauren@hotelinjurylaw.com; jennifer@hotelinjurylaw.com; and litigation@hotelinjurylaw.com. On August 15, a day after receipt of email notice of this motion, Ms. Toma appeared remotely at a Case Management Conference in this case. At that time it was discussed that a further motion had been scheduled for September 14. The Minutes of the August 15 Case Management Conference, which were uploaded to the Court RULING Page 1 of 4 MARQUEZ VS WYNDHAM WORLDWIDE CORPORATION ET AL BCV-20-100831 ‘MINUTES FINALIZED BY: Linda Hall on: 9/14/2023 website, also referenced the September 14 hearing date. The Court accepts Mr. Partida's representation that he has not received verifications in connection with previous discovery responses. The Court orders that Plaintiff Pedro Marquez obtain and provide to counsel legible copies of the documents. The Court orders that Plaintiff Pedro Marquez provide further, verified and code-compliant responses to the Demand for Production of Documents and responsive documents by October 13, 2023. The Court orders that Plaintiff Marquez and attorney Janfaza pay sanctions in the reduced amount of $1054.50 by October 13, 2023 to counsel for Intervenor. The Court has signed the proposed order, modified to be consistent with this ruling. Intervenor is directed to provide notice of entry. The Clerk is directed to provide additional notice by serving a copy of these Minutes on counsel of record by U.S. mail (or by email if she has access to email addresses of counsel). Copy of ruling and modified order emailed and/or mailed to all counsel as stated on the attached declaration. Minute order notice. FUTURE HEARINGS: February 15, 2024 8:15 AM Case Management Conference Clark, Thomas S. Bakersfield Department 17 located at 1415 Truxtun Avenue Sheriff, Deputy February 15, 2024 8:30 AM Order to Show Cause - CRC 3.110 Clark, Thomas S. Bakersfield Department 17 located at 1415 Truxtun Avenue Sheriff, Deputy None, . RULING Page 2 of 4 MARQUEZ VS WYNDHAM WORLDWIDE CORPORATION ET AL BCV-20-100831 ‘MINUTES FINALIZED BY: Linda Hall on: 9/14/2023 MARQUEZ VS WYNDHAM WORLDWIDE CORPORATION ET AL BCV-20-100831 CERTIFICATE OF MAILING AND/OR EMAIL****#*#*### The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California, in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in the County of Kem, and not a party to the within action, that I served the Ruling dated September 14, 2023 attached hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof, enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached mailing list. Date of Mailing: September 14, 2023 Place of Mailing: Bakersfield, CA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Tamarah Harber-Pickens CLERK OF THE SUPERIOR COURT Date: September 14, 2023 By: undatan Ane. Linda Hall, Deputy Clerk Cb Signed: 9/14/2023 11:31 AM Certificate of Mailing Page 3 of 4 MARQUEZ VS WYNDHAM WORLDWIDE CORPORATION ET AL BCV-20-100831 MAILING LIST ILAN N ROSEN JANFAZA GUILLERMO PARTIDA LAW OFFICES OF ILAN N ROSEN JANFAZA APC SLAUGHER REAGAN & COLE LLP 9025 WILSHIRE BLVD STE 304 625 E SANTA CLARA ST #101 BEVERLY HILLS CA 90211-1827 VENTURA CA 93001-3284 Ilan N Rosen Janfaza, Esq. ilan@ hotelinjurylaw.com ilan@ hotelinjurylaw.com partida@srllplaw.com mia@ hotelinjurylaw.com lauren@ hotelinjurylaw.com jennifer@ hotelinjurylaw.com litigation hotelinjurylaw.com Certificate of Mailing Page 4 of 4 Exhibit B Electronically Received: 11/1/2023 4:3] PM SLAUGHTER, REAGAN & COLE, LLP ATTORNEYS AT LAW 625 E. SANTA CLARA STREET, SUITE 101 VENTURA, CALIFORNIA 93001 KER! NOU INTY ‘TELEPHONE: (805) 658-7800 FACSIMILE: (805) 644-2131 DEC ry 7 2023 Barry J. Reagan — State Bar No. 156095 BY. DEPUTY reagan@srllplaw.com Guillermo E. Partida — State Bar No. 242817 partida@srllplaw.com Attorneys for (Proposed) Intervenor, CALIFORNIA CAPITAL INSURANCE COMPANY SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF KERN i PEDRO MARQUEZ; GUADALUPE SILVA; Case No. BCV-20-100831 CRYSTAL MARQUEZ, a minor, by Pedro 12 Marquez; JOSHUA MARQUEZ, a minor, by Assigned to Hon. Judge Thomas S. Clark zo Pedro Marquez; DAVID MARQUEZ, a Department 17 58 ga 8a 13 minor, by Pedro Marquez; and MARIVI eee MARQUEZ, a minor, by Pedro Marquez, Complaint Filed: April 6, 2021 Zee 14 ; Pamela Holman Cc: ilan@hotelinjurylaw.com; litigation@hotelinjurylaw.com Subject: RE: Marquez v. Wyndham Worldwide Corp., et al. Hi Rannya, We are awaiting the attorney and deponent for this deposition. Please advise ETA. Thanks, Bert Be LEVbp are seer1, | Woo aw Guillermo “Bert” Partida Slaughter, Reagan & Cole 625 E. Santa Clara Street, Suite 101 Ventura, California 93001 Phone (805) 658-7800 - Extension 123 Ema partida@srliplaw.com Facsimile (805) 644-2131 Website: http://www.srllplaw.com GO GREEN: Please consider the environment before you print. NOTICE IS HEREBY GIVEN that this office a not accept ex parte notice via email and does not a pt or consent to t service of process, motions, pleadings, documents, or any ather items by electronic format 's consent to such service is given and is given expressly. In the event of such an express agr ment, ele ¢ is only val i the communication is se to all required email addresses. Correspondence via electronic mat do 25 not indicate agreement or consent to ac ptance of servic in that format. ENTIAL NOTICE: The info tion contained in his commu ation, including attachments, is eged and confidential. itisin nded only for the e) lusive t of the addressee. if 2 reader of this mess eis not the intended pient, or the employ 2 or agent r ponsitla for delivering it to the intended recipient, you are hereby notified that any diss: ination, distribution or copying of this communication is Ventura, California 93001 Phone: (805) 658-7800 - Extension 123 Emai partida@srllplaw.com Facsimile (805) 644-2131 Website: http://www.srllplaw.com GO GREEN: Please consider the environment before you print. NOTICE IS HEREBY GIVEN that this office does not accept ex parte notice via email and does not accept or consent to the service of process, motions, pleadings, documents, or any other items by electronic format unless consent to such service is given and is given expressly. In the event of such an express agreement, electronic service is only valid if the communication is sent to all required email addresses. Correspondence via electronic format does not indicate agreement or consent to acceptance of service in that format. . CONFIDENTIALITY NOTICE: The information contained in this communication, including attachments, is privileged and confidential. it is intended only for the exclusive use of the addressee. if the reader of this message is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. if you have received this communication in error please notify us by telephone immediately at (805) 658-7800. Thank you. From: Guillermo Partida Sent: Wednesday, March 13, 2024 10:27 AM To: ilan@hotelinjurylaw.com; 'mia@hotelinjurylaw.com' ; ‘lauren@hotelinjurylaw.com' ; jennifer@hotelinjurylaw.com; litigation@hotelinjurylaw.com; ‘Rannya Ibrahem' Cc: Pamela Holman Subject: FW: Marquez v. Wyndham Worldwide Corp., et al. Hi Ilan, | just got off the phone with Ms. Toma and Rannya, who informed me that your office was unable to get a hold of plaintiffs for today’s deposition and apologized for not informing my office. Please let me know if you are available to discuss this case today or tomorrow and a time to do so. Thanks, Bert CLEpa ritaler1 oe a Guillermo “Bert” Partida Slaughter, Reagan & Cole 625 E. Santa Clara Street, Suite 101 Ventura, California 93001 Phone: (805) 658-7800 - Extension 123 Email: partida@srliplaw.com Facsimile (805) 644-2131 Website: http: ‘www.srllplaw.com GO GREEN: Please consider the environment before you print. NOTICE IS HEREBY GIVEN that this office does not accept ex parte notice via email and does not accept or consent to the service cess, motions, pleadings, docume: or any other items by electronic format unless consent to such service is given and is given expressly. in the event of such an express agreement, electronic service is only val if the communication is sent to ail required email addresses. Correspondence via electronic format does not indicate agreement or consentto acceptance of service in that format. CONFIDENTIALITY NOTICE: The information contained in is communication, including attachments, is privile; ed and confidential. It is intended only for the exclusive use of the addressee. If the readerof this mes: Be ot ththe intended recipient, or the employee or agen! ‘esponsible for di ing it to the intended recipient, you are hereby noti that any dissemination, distribution or copying of this 10 strictly prohibited. If you have received this communication in error please notify us by telephone immediately at (805) 658-7800. Thank you From: Rannya Ibrahem Sent: Thursday, February 15, 2024 1:28 PM To: Pamela Holman Ce: ilan@hotelinjurylaw.com; litigation@hotelinjurylaw.com; Guillermo Partida Subject: Re: Marquez v. Wyndham Worldwide Corp., et al. Thank you. Sincerely, Rannya Ibrahem Legal Assistant Law Offices of Ilan N. Rosen Janfaza, A.P.C. 9025 Wilshire Blvd., Suite 304 Beverly Hills, CA 90211 310-773-8689 - Direct Line 310-861-9000 - Fax Line CONFIDENTIALITY NOTICE: This email and its attachments may contain attorney-client, work product or other privileged, confidential or proprietary information and may be exempt from disclosure under applicable laws. This email and its attachments are for the intended recipient(s) only. If you are not the intended recipient, any dissemination, disclosure, distribution, or copying of this email or its attachments is strictly prohibited. If you received this email or its attachments in error, please contact the sender of this email immediately and delete all copies of this email and its attachments. DISCLAIMER: Nothing contained herein should be construed as creating an attorney-client relationship or the rendering of legal advice. Unless a formal written retainer agreement has been fully executed, no action will be taken to protect your rights. Be advised that all litigation matters have applicable statute of limitations that prescribe the last day on which a lawsuit or claim may be filed on your behalf. If you miss that date, it will be impossible for you to pursue your rights in court. On Thu, Feb 15, 2024 at 1:13 PM Pamela Holman wrote: Hello Rannya. We will send amended notices for March 13, 2024. Thank you. -Pam Holman ertenns tae ter A oe io Pamela Holman Legal Assistant to Guillermo E. Partida, Esq., Alexandra E. Soltis, Esq., and Clayton D. Reagan, Esq. Slaughter, Reagan & Cole 625 E. Santa Clara Street, Suite 101 Ventura, California 93001 Phone: (805) 658-7800 - Extension 136 Email pholman@srllplaw.com Facsimile (805) 644-2131 Website: http: www.srllplaw.com GO GREEN: Please consider the environment before you print. NOTICE IS HEREBY GIVEN that this office does not accept ex parte notice via email and does not accept or consent to the service of process, motions, pleadings, documents, or any other items by efectronic format unless consent to such service is given and is given expressly. In the event of such an express agreement lectronic service is only valid if the communication is sent to all required email addresses. Correspondence via electronic format does not indicate agreement or consent to acceptance of service in that format, CONFIDENTIALITY NOTICE: The information contained in this communication, including attachments, is privileged and confidential. It is intended only for the exclusive use of the addressee. If the reader of this message is not the intended recipient, or the employee or agent responsible for deliverin it to the intended recipient, you are hereby notified that any dissemination, stribution or copying of this communication is strictly prohibited. If ‘ou have received this communication in error please notify us by telephone immediately at (805) 658-7800. Thank you From: Rannya Ibrahem Sent: Thursday, February 15, 2024 9:10 AM To: Pamela Holman Cc: ilan@hotelinjurylaw.com; litigation@hotelinjurylaw.com; Guillermo Partida Subject: Re: Marquez v. Wyndham Worldwide Corp., et al. Hi Pamela, We are not available on February 20, 2024 for the depositions. Are we able to continue them to March 13, 2024 instead? Thank you for your time and understanding. Sincerely, Rannya Ibrahem Legal Assistant Law Offices of Ilan N. Rosen Janfaza, A.P.C. 9025 Wilshire Blvd., Suite 304 Beverly Hills, CA 90211 310-773-8689 - Direct Line 310-861-9000 - Fax Line CONFIDENTIALITY NOTICE: This email and its attachments may contain attorney-client, work product or other privileged, confidential or proprietary information and may be exempt from disclosure under applicable laws. This email and its attachments are for the intended recipient(s) only. If you are not the intended recipient, any dissemination, disclosure, distribution, or copying of this email or its attachments is strictly prohibited. If you received this email or its attachments in error, please contact the sender of this emai