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PARVIZ DARABI - Bar No.209021
I LAW OFFICES OF PARVIZ DARABI
500 Airport Blvd., Suite 410 4/5/2024
2
Burlingame, CA 94010
J Telephone: (650)343-5357
Facsimile: (650)343-5391
4 E-mail: l) arwiz@darabilaw.com
5
Attomeys for Plaintiff,
6
SANDEE SHANNELLE MATEO
7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FORTHE COUNTY OF BUTTE
8
UNLIMITED JURISDICTION
9
SANDEE SHANNELLE MATEO, AN Case No.: 22CY02947
10
individual,
11
NOTICE OF PLAINTIFF'S MOTION TO
COMPEL DEFENDANT DEER CREEK
t2 SURGERY CENTE& LLC. TO PROVIDE
PLAINTIFF, RESPONSESTO FORM INTERROGATORIES-
l3 GENERAL, AND FOR AN AWARD OF
14
VS
MONETARY SANCTIONS AGAINST
DEFENDANT AND ATTORNEYS
l5 DEER CREEK SURGERY CENTER,
LLC., a Limited Liability Company;
t6 INTERVENTIONAL PAIN PHYSICIANS, Date: May 22,2024
l7 INC., a Califomia Corporation; and DOES
Time: 9:00 am
l-30, inclusive.
Dept. 6
l8
19 DEFENDANTS
20
21
To Defendant DEER CREEK SURGERY CENTER, LLC., a Limited Liability Company
22
(hereinafter "Defendant") and its attomey of record Lukas J. C1ary, Olatomiwa T. Aina and Weintraub
23
Tobin Chediak Colernan Grodin, Law Corporation.:
24
PLEASE TAKE NOTICE that on l.4s,y 22,20224 at 9:00 a-m, in Departmetrt 6, Plaintiff
25
SANDEE SHANNELLE MATEO (hereinafter "Plaintiff) will move the Court for an order granting
26
Plaintiffs Motion to Compel Defendant to produce full and complete verified responses, objection free,
27
to the Form Interrogatories-General, Set One served by Plaintiffon Defendant on February 23,2O23.
28
I
Notice of \fotion To Compel Responses to FI(Gen)
I PLEASE TAKE FURTHER NOTICE that Plaintiffwill also move the Court for an order that
2 Defendant and its counsel, Lukas J. Clary, Olatomiwa T. Aina and Weintraub Tobin Chediak Coleman
3 Grodin, Law Corporation, jointly and severally, pay the sum of $685.00 in monetary sanctions, as the
4 reasonable costs and attomey fees incurred by Plaintiff for these proceedings. See the Declaration of
5 Parviz Darabi.
6 The monetary sanctions are authorized by CCP sec. 2023.030(a) (monetary sanction for misuses
7 ofthe discovery process), CCP sec. 203O.290(c) (unsuccessful opposition to motion to compel responses
8 to interrogatories), and Cal. Rules of Ct., Rule 3.1348(a) (Court may impose sanctions despite lack of
9 opposition to motion to compel discovery).
l0 The motion will be made on the grounds that Defendant has failed to serve a response to the
ll above-described discovery. The discovery requests are relevant to the subject matter of the action and
t2 Defendant's refusal to provide responses is without substantial justification'
13 The motion will be based upon this notice, the attached Memorandum of Points and Authorities,
14 the Declaration ofParviz Dmabi, the records and files in this action, and any further evidence or argument
l5 that the Court may properly receive at or before the heming.
t6 NOTICE OF TENTATIVE RULING S YSTEM
t7 The Court follows the tentative ruling procedure set forth in CRC $ 3. I 308(aX I ): tentative rulings
18 on law and motion matters will be available on the Court's website at www.buttecourt.ca.qov and by
19 telephone at (530) 532-7022 by 3:00 p.m. on the court day preceding the hearing.
20 Questions about these procedures may be addressed to the specific department where the matter
2t is to be heard.
22
Dated: April O4,2O24 LAW OFFICES OF PARVIZ DARABI
23
24
25
z Darabi, Esq.
26 Attomey for Plaintiff
27
28
1
Notice of llotion To Compel Respooses to FI(Gen)
PROOF OF SERVICE
l, Theresa Harvey, declare I am an employee in the county of San Mateo, State of Califomia. I
am over the age of l8 and not a party to the within action, my business address is 500 Airport
Blvd, Suite 410, Burlingame, CA 94010.
On April 5, 2024, I served the foregoing document(s) described as
NOTICE OF PLAINTIFF'S MOTION TO COMPEL DEFENDA}{T DEER
CREEK SURGERY CENTE& LLC. TO PROVIDE RESPONSES TO FORM
INTERROGAT ORIES-GENERAL. AND FOR AN AWARD OF MONETARY
SANCTIONS AGAINST DEFENDANT AND ATTORNEYS
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
PLAINTIFF'S MOTION TO COMPEL DEFENDANT DEER CREEK
SURGERY CENTE& LLC. TO PROVIDE RESPONSES TO FORM
INTERROG ATORIES-GENERAL. AND FOR AN AWARD OF MONETARY
SANCTIONS AGAINST DEFENDANT AND ATTORNEYS
DECLARATION OF PARVIZ DARABI IN SUPPORT OF PLAINTIFF'S
MOTION TO COMPEL DEFENDANT DEER CREEK SURGERY CENTE&
LLC. TO PROVIDE RESPONSES TO FORM INTERROGATORIES-G ERAI,.
AND FOR AN AWARD OF MONETARY SANCTIONS AGAINST DEFENDANT
AND ATTORNEYS
PLAINTIFF'S REQUEST FOR SANCTIONS ON HER MOTION TO COMPEL
DEFENDANT DEER CREEK SURGERY CENTER, LLC. TO PROVIDE
RESPONSES TO FORM INTERROGATORIES-GENERAL
[PROPOSEDI ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL
DEFENDANT DEER CREEK SURGERY CENTE& LLC. TO PRO\IDE
RESPONSES TO FORM INTERROGATO RIES-G ENERAL. AND FOR AN
AWARD OF MONETARY SANCTIONS AGAINST DEFENDANT AND
ATTORNEYS
Upon the following persons:
Lukas Clary, Esq.
Olatomiwa T. Aina, Esq.
Weintraub Tobin Chediak Coleman
Grodin [aw Corporation,
400 Capitol Mall, 11th Floor,
Sacramento, Califomia 95814
Email: LClary@weintraub.com
Email: OAinarrr u citttrautr.cottr
Email : CCervantes@weintraub.com
Email: bjenness@weintraub.com
I
( X) (By U.S. Mail) I caused such envelope with postage thereon fully prepaid to be placed in the
United States mail at Burlingame, California.
( ) (By Electronically Mail ) I am readily familiar with the firm's practice of colleclion and
processing conespondence for eleclronic mailing. This documenl was scanned and sent to the e-
rnail addressed below and received without any error or message stating lhal the e-mail was
undeliverable or failed to be delivered. The above-named document was sent to the following
addresses.
( ) (By Personal courier) I caused such envelope to be addressed thereto as follows, a copy ofthe
foregoing document(s) to be enclosed and sealed therein, and said envelope(s) to be delivered by
personal courier.
( ) @y Fax) By transmitting by Facsimile copy machine a true copy thereof to telephone number
known or represented to me 10 be the receiving telephone number for facsimile copy transmission
of the parties / person(s/ Firm(s) listed above.
I declare that I am employed in the office ofa member ofthe bar ofthis court at whose direction
this service was made.
I declare under penalty ofpe{ury under the laws ofthe State of Califomia that the above is true
and correct and that this declaration was executed on Aprll5,2024, at Burlingame, Califomia.
)l
Theresa Harvey /
,,t
1
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PARVIZ DARABI - Bar No.209021 I LAW OFFICES OF PARVIZ DARABI 500 Airport Blvd., Suite 410 4/5/2024 2 Burlingame, CA 94010 J Telephone: (650)343-5357 Facsimile: (650)343-5391 4 E-mail: l) arwiz@darabilaw.com 5 Attomeys for Plaintiff, 6 SANDEE SHANNELLE MATEO 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FORTHE COUNTY OF BUTTE 8 UNLIMITED JURISDICTION 9 SANDEE SHANNELLE MATEO, AN Case No.: 22CY02947 10 individual, 11 NOTICE OF PLAINTIFF'S MOTION TO COMPEL DEFENDANT DEER CREEK t2 SURGERY CENTE& LLC. TO PROVIDE PLAINTIFF, RESPONSESTO FORM INTERROGATORIES- l3 GENERAL, AND FOR AN AWARD OF 14 VS MONETARY SANCTIONS AGAINST DEFENDANT AND ATTORNEYS l5 DEER CREEK SURGERY CENTER, LLC., a Limited Liability Company; t6 INTERVENTIONAL PAIN PHYSICIANS, Date: May 22,2024 l7 INC., a Califomia Corporation; and DOES Time: 9:00 am l-30, inclusive. Dept. 6 l8 19 DEFENDANTS 20 21 To Defendant DEER CREEK SURGERY CENTER, LLC., a Limited Liability Company 22 (hereinafter "Defendant") and its attomey of record Lukas J. C1ary, Olatomiwa T. Aina and Weintraub 23 Tobin Chediak Colernan Grodin, Law Corporation.: 24 PLEASE TAKE NOTICE that on l.4s,y 22,20224 at 9:00 a-m, in Departmetrt 6, Plaintiff 25 SANDEE SHANNELLE MATEO (hereinafter "Plaintiff) will move the Court for an order granting 26 Plaintiffs Motion to Compel Defendant to produce full and complete verified responses, objection free, 27 to the Form Interrogatories-General, Set One served by Plaintiffon Defendant on February 23,2O23. 28 I Notice of \fotion To Compel Responses to FI(Gen) I PLEASE TAKE FURTHER NOTICE that Plaintiffwill also move the Court for an order that 2 Defendant and its counsel, Lukas J. Clary, Olatomiwa T. Aina and Weintraub Tobin Chediak Coleman 3 Grodin, Law Corporation, jointly and severally, pay the sum of $685.00 in monetary sanctions, as the 4 reasonable costs and attomey fees incurred by Plaintiff for these proceedings. See the Declaration of 5 Parviz Darabi. 6 The monetary sanctions are authorized by CCP sec. 2023.030(a) (monetary sanction for misuses 7 ofthe discovery process), CCP sec. 203O.290(c) (unsuccessful opposition to motion to compel responses 8 to interrogatories), and Cal. Rules of Ct., Rule 3.1348(a) (Court may impose sanctions despite lack of 9 opposition to motion to compel discovery). l0 The motion will be made on the grounds that Defendant has failed to serve a response to the ll above-described discovery. The discovery requests are relevant to the subject matter of the action and t2 Defendant's refusal to provide responses is without substantial justification' 13 The motion will be based upon this notice, the attached Memorandum of Points and Authorities, 14 the Declaration ofParviz Dmabi, the records and files in this action, and any further evidence or argument l5 that the Court may properly receive at or before the heming. t6 NOTICE OF TENTATIVE RULING S YSTEM t7 The Court follows the tentative ruling procedure set forth in CRC $ 3. I 308(aX I ): tentative rulings 18 on law and motion matters will be available on the Court's website at www.buttecourt.ca.qov and by 19 telephone at (530) 532-7022 by 3:00 p.m. on the court day preceding the hearing. 20 Questions about these procedures may be addressed to the specific department where the matter 2t is to be heard. 22 Dated: April O4,2O24 LAW OFFICES OF PARVIZ DARABI 23 24 25 z Darabi, Esq. 26 Attomey for Plaintiff 27 28 1 Notice of llotion To Compel Respooses to FI(Gen) PROOF OF SERVICE l, Theresa Harvey, declare I am an employee in the county of San Mateo, State of Califomia. I am over the age of l8 and not a party to the within action, my business address is 500 Airport Blvd, Suite 410, Burlingame, CA 94010. On April 5, 2024, I served the foregoing document(s) described as NOTICE OF PLAINTIFF'S MOTION TO COMPEL DEFENDA}{T DEER CREEK SURGERY CENTE& LLC. TO PROVIDE RESPONSES TO FORM INTERROGAT ORIES-GENERAL. AND FOR AN AWARD OF MONETARY SANCTIONS AGAINST DEFENDANT AND ATTORNEYS MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL DEFENDANT DEER CREEK SURGERY CENTE& LLC. TO PROVIDE RESPONSES TO FORM INTERROG ATORIES-GENERAL. AND FOR AN AWARD OF MONETARY SANCTIONS AGAINST DEFENDANT AND ATTORNEYS DECLARATION OF PARVIZ DARABI IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL DEFENDANT DEER CREEK SURGERY CENTE& LLC. TO PROVIDE RESPONSES TO FORM INTERROGATORIES-G ERAI,. AND FOR AN AWARD OF MONETARY SANCTIONS AGAINST DEFENDANT AND ATTORNEYS PLAINTIFF'S REQUEST FOR SANCTIONS ON HER MOTION TO COMPEL DEFENDANT DEER CREEK SURGERY CENTER, LLC. TO PROVIDE RESPONSES TO FORM INTERROGATORIES-GENERAL [PROPOSEDI ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL DEFENDANT DEER CREEK SURGERY CENTE& LLC. TO PRO\IDE RESPONSES TO FORM INTERROGATO RIES-G ENERAL. AND FOR AN AWARD OF MONETARY SANCTIONS AGAINST DEFENDANT AND ATTORNEYS Upon the following persons: Lukas Clary, Esq. Olatomiwa T. Aina, Esq. Weintraub Tobin Chediak Coleman Grodin [aw Corporation, 400 Capitol Mall, 11th Floor, Sacramento, Califomia 95814 Email: LClary@weintraub.com Email: OAinarrr u citttrautr.cottr Email : CCervantes@weintraub.com Email: bjenness@weintraub.com I ( X) (By U.S. Mail) I caused such envelope with postage thereon fully prepaid to be placed in the United States mail at Burlingame, California. ( ) (By Electronically Mail ) I am readily familiar with the firm's practice of colleclion and processing conespondence for eleclronic mailing. This documenl was scanned and sent to the e- rnail addressed below and received without any error or message stating lhal the e-mail was undeliverable or failed to be delivered. The above-named document was sent to the following addresses. ( ) (By Personal courier) I caused such envelope to be addressed thereto as follows, a copy ofthe foregoing document(s) to be enclosed and sealed therein, and said envelope(s) to be delivered by personal courier. ( ) @y Fax) By transmitting by Facsimile copy machine a true copy thereof to telephone number known or represented to me 10 be the receiving telephone number for facsimile copy transmission of the parties / person(s/ Firm(s) listed above. I declare that I am employed in the office ofa member ofthe bar ofthis court at whose direction this service was made. I declare under penalty ofpe{ury under the laws ofthe State of Califomia that the above is true and correct and that this declaration was executed on Aprll5,2024, at Burlingame, Califomia. )l Theresa Harvey / ,,t 1