Motion to Deem Facts Admitted in Christopher Cook vs. Avanyan Armen Kamoyevich| Trellis.Law

On February 28, 2023 a Motion,Ex Parte was filed involving a dispute between Cook, Christopher, Filed By: Cook, Christopher, and Does 1-100, Kamoyevich, Avanyan Armen, The Western Surety Company, for (Breach of Contract/Warranty) in the District Court of Sacramento County.

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Robert L. Starr (183052)
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robert@starrlaw.com
Adam M. Rose (210880)
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adam@starrlaw.com
Theodore R. Tang (313294) FILED/ENDORSED
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theodore@starrlaw.com
THE LAW OFFICE OF ROBERT L. STARR, APC
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23901 Calabasas Road, STE #2072 AUG - 2 2023
Calabasas, CA 91302
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Telephone: (818) 225-9040 By: H. PEMELTON
Facsimile: (818) 225-9042 Deputy Clerk
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Attomeys for Plaintiff
Christopher Cook
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SUPERIOR COURT OF CALIFORNIA
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COUNTY OF SACRAMENTO
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CHRISTOPHER COOK, Case No.: 34-2023-00335351-CU-BC-GDS
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Plaintiff, DECLARATION OF ROBERT L.
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STARR IN SUPPORT OF PLAINTIFF’S
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Me MOTION TO DEEM FACTS

BY FAX
AVANYAN ARMEN KAMOYEVICH d/b/a ADMITTED
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SACRAMENTO LUXURY MOTORS;
WESTERN SURETY COMPANY; and DOES 1} Date: November 1, 2023
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through 100, inclusive, Time: 1:30 p.m.
Dept: 53
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Defendants. ID#: A335351-003
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NO

I, Robert L. Starr, Esq., declare as follows:
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1. I am resident of Los Angeles, Califomia at all times relevant. I am acting counsel
NO

for the Plaintiff in the above-captioned matter. If called as a witness, I could and would testify
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competently to the following facts, all of which are within my own personal knowledge.
NO

2. Attached hereto as Exhibit 1 is a true and correct copy of Plaintiffs First Set of

Requests for Admission which were served on May 15, 2023.

3. Defendant Kamoyevich has completely failed to respond to Plaintiff's RFAs.

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DECLARATION IN SUPPORT OF PLAINTIFF’S MOTION TO DEEM MATTERS ADMITTED
4. A total of $700.00 in attorneys’ fees have been incurred in association with the
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preparation of this motion. The amount requested is based on the following facts:
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(a) Having practiced law for 25 years, my customary hourly rate exceeds $500 per hour,
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however I am agreeable to demanding $500 per hour for my fees in bringing this motion. My
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paralegal, Ralph Sasson, bills at a rate of $200 per hour.
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(b) I spent a total of 0.5 hours preparing this motion. This time includes researching and
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drafting this motion. I expect to spend at least another 0.5 hours on any reply to an opposition.
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and experience, and the rates I charge are within the range of rates typically charged by other
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attomeys for similar work in this area of law.
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(d) The total number of hours that were expended by my paralegal, Ralph Sasson in

connection with this motion amount to 1.0 hours at a rate of $200 per hour, which is the normal
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rate at which my firm bills for Mr. Sasson’s time and is typical for paralegal services charged by

other firms in this area. Mr. Sasson has completed law school, passed the July 2022 Califomia Bar
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Exam, and is awaiting a positive determination on his moral character application. Mr. Sasson has

13 years of experience working in the legal industry.
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(e) In total, my costs associated with this motion are expected to amount to a total of
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$500, while Mr. Sasson’s costs amount to a total of $200—thus rendering the total costs to be
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$700.00 in conjunction with pursuing this motion.
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5. I have made a reasonable and good faith attempt at an informal resolution of each
NO

issue presented by this motion.

I declare under penalty of perjury under the laws of the United States and the State of

Califomia that the foregoing is true and correct, and that this Declaration was executed on this Ist

day of August 2023, at Calabasas, CA.

Date: August 1, 2023

ROBERT L. STARR

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DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO DEEM MATTERS ADMITTED
Robert L. Starr (183052)
Adam M. Rose (210880)
Theodore R. Tang, Esq. (313294)
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THE LAW OFFICE OF ROBERT L. STARR, APC
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23901 Calabasas Road, Suite 2072
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Calabasas, California 91302
Telephone: (818) 225-9040
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Facsimile: (818) 225-9042
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Attorneys for Plaintiff
CHRISTOPHER COOK

SUPERIOR COURT OF CALIFORNIA

COUNTY OF SACRAMENTO
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CHRISTOPHER COOK
CASE NO. 34-2023-00335351-CU-BC-GDS
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Plaintiff,
PLAINTIFF CHRISTOPHER COOK’S
V. FIRST SET OF REQUESTS FOR
ADMISSION TO DEFENDANT
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AVANYAN ARMEN KAMOYEVICH d/b/a AVANYAN ARMEN KAMOYEVICH
SACRAMENTO LUXURY MOTORS; D/B/A SACRAMENTO LUXURY
WESTERN SURETY COMPANY; and DOES 1| MOTORS
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through 100, inclusive,
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Defendants.
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PROPOUNDING PARTY: CHRISTOPHER COOK
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RESPONDING PARTY: | AVANYAN ARMEN KAMOYEVICH D/B/A SACRAMENTO
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LUXURY MOTORS
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SET NUMBER: ONE
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TO DEFENDANT, AVANYAN ARMEN KAMOYEVICH D/B/A SACRAMENTO
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LUXURY MOTORS and its ATTORNEY OF RECORD: NOTICE IS HEREBY GIVEN that
PLAINTIFF, CHRISTOPHER COOK, requests DEFENDANT, AVANYAN ARMEN
KAMOYEVICH D/B/A SACRAMENTO LUXURY MOTORS, answer under oath, separately and

fully, the following requests for admission and produce such answers in writing at 23901 Calabasas
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REQUEST FOR ADMISSION
[SET ONE]
Road, Suite 2072, Calabasas, California 91302 on June 23, 2023, at or before 5:00 pm pursuant to
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Code of Civil Procedure § 2033 et seq.
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DEFENDANT is directed to produce, at the aforesaid date and place the answers to the
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Plaintiffs Requests for Admission which are attached hereto and incorporated herein by this
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reference.
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DEFENDANT is requested to serve a written response, in compliance with Code of Civil
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Procedure § 2033.220, within thirty (30) days of service of this notice. Failure to respond to any

requests for admission hereinafter set forth or any part thereof, may cause Plaintiff to move for

sanctions pursuant to Code of Civil Procedure § 2033.280.
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DEFINITIONS AND INSTRUCTIONS
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A. As used herein, the term “PLAINTIFF” means “CHRISTOPHER COOK,” and
any agents, employees, attorneys, and/or other PERSONS acting on his behalf.

B. As used herein, the term “DEFENDANT” means “AVANYAN ARMEN

KAMOYEVICH D/B/A SACRAMENTO LUXURY MOTORS?” and any agents, employees,

attorneys, and/or other PERSONS acting on its behalf.
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Cc. As used herein, “YOU” or “YOUR” means “AVANYAN ARMEN

KAMOYEVICH D/B/A SACRAMENTO LUXURY MOTORS,” and any agents, employees,

attorneys, parents, subsidiaries, affiliates, and/or other PERSONS acting on YOUR behalf.

D. As used herein, “SUBJECT VEHICLE” means the used 2014 BMW 5-series

Identification Number WBAKN9C54ED680908,” which was previously purchased by
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PLAINTIFF.
RN

E. As used herein, the term “DEFECT” or “DEFECTS” means all or any of the
NO

following nonconformities which were reported by PLAINTIFF:
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i. The vehicle was sold in a state of disrepair.

F, As used herein, the term “DOCUMENTS” includes any “WRITING” as defined by

Evidence Code § 250 and also includes all memorializations of whatever kind and nature and

however stored or recorded, including but not limited to, any writing within YOUR possession or

control or known to YOU — whether printed, a reproduced by any process, or written by or

REQUEST FOR ADMISSION
[SET ONE]
produced by hand ~ including, but not limited to, all records, reports, papers, contracts,
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instruments, checks, agreements, financial statements, lists, forms, maps, diagrams, telegrams,
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cables, illustrations, microfilm, microfiche, photographs, books, letters, notes, emails, memoranda,
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statements, calendars, diaries, telephone messages, minutes, dictation, tape recording, video tape,
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digital video recordings, correspondence, computer disks, and computer tapes, and includes,
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without limitation, graphs, charts, drawings, exhibits, records, invoices, receipts, and all file copies
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and all drafts prepared in connection with such DOCUMENTS or records, whether used or not.
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The term DOCUMENTS also includes all electronic documents, including emails.
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G. As used herein, the term “PERSON” means any individual, entity, or
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association of individuals or entities of any kind, and includes partnerships, limited partnerships,
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corporations, joint ventures, joint enterprises, trade associations, regulatory bodies, govermnent

agencies, or govermnent entities of any kind.

H. As used herein, the term “REPRESENTATIVE” means any officer, director,
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owner, shareholder, partner, joint venture, associate, employee, employer, servant, agent,

subsidiary, or affiliate of the PERSON; and any other PERSONS or legal or business entities acting

for, on behalf of, or in concert with the PERSON, including consultants, advisors, lawyers, and
anyone else engaged, retained, or employed by the PERSON.

I. As used herein, the term “COMMUNICATION” means any contact whatsoever or any
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transmission or exchange of words, numbers, graphic material, or other information, either orally,

electronically, telephonically, or in writing, whether made, received, or participated in, and
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includes, but is not limited to, any conversation, correspondence, letter, notes, memoranda,
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telephone call, telegraph, telegram, telex, telecopy, facsimile, email, internet communication,
NO

telefax, cable, electronic message, text message, tape recording, discussion, face-to-face meeting,
NO

or conference of any kind (whether in person, by audio, video, telephone, or in any other form).

J.“RELATING TO,” “REFERRING TO,” and “CONCERNING” are used in their broadest

sense, and shall mean anything that, directly or indirectly, generally or specifically, regards, relates

to, refers to, concerns, contains, constitutes, contradicts, evidences, embodies, comprises, reflects,
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mentions, identifies, states, deals with, comments on, responds to, describes, analyzes, or is in any
3.
REQUEST FOR ADMISSION
[SET ONE]
way, directly or indirectly, relevant to the subject.
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K. “INCLUDING” and “INCLUDES” shall mean without limitation.
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L. “ANY” and “ALL” shall mean “any and all” or “each and every.”
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M. “AND” and “OR” shall mean “and/or.” The term “and/or” shall be construed so as

to require the broadest response.
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N. The past tense shall include the present tense and vice versa.

O. Terms in the singular shall include the plural, and terms in the plural shall include
the singular.

P. Terms not defined in these discovery requests shall have the meanings used in the
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pleadings or, if not used in the pleadings, their usual and ordinary meaning.
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REQUESTS FOR ADMISSION

ADMISSION REQUEST NO. 1

Admit that YOU received written notification that PLAINTIFF no longer wanted to retain

ownership and/or possession of the SUBJECT VEHICLE.

ADMISSION REQUEST NO. 2

Admit that YOU have not offered to repurchase or replace the SUBJECT VEHICLE.
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ADMISSION REQUEST NO. 3

Admit that YOU are unaware of any evidence which would demonstrate that PLAINTIFF had
neglected the SUBJECT VEHICLE.
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ADMISSION REQUEST NO. 4
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Admit that YOU are unaware of any evidence which would demonstrate that PLAINTIFF had

misused the SUBJECT VEHICLE.

ADMISSION REQUEST NO. 5

Admit that YOU are unaware of any evidence which would demonstrate that the SUBJECT

VEHICLE was fit for its intended purpose at the time it was sold to PLAINTIFF.

ADMISSION REQUEST NO. 6

Admit that the SUBJECT VEHICLE has been required to undergo repairs which have substantially
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REQUEST FOR ADMISSION
[SET ONE]
impaired the SUBJECT VEHICLE’S value.
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ADMISSION REQUEST NO. 7
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Admit that the damages alleged in PLAINTIFF’S Complaint were the result of an defects and
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damages which were present prior to PLAINTIFF’S ownership of the SUBJECT VEHICLE.

ADMISSION REQUEST NO. 8

Admit that the SUBJECT VEHICLE was not free from defects at the time of its delivery to

PLAINTIFF.

Date: May 22, 2023 LAW OFFICE OF ROBERT L. STARR
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/s/
Robert
L. Starr
Robert L. Starr
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Attomey for Plaintiff
CHRISTOPHER COOK
NO
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REQUEST FOR ADMISSION
[SET ONE]
PROOF OF SERVICE

34-2023-00335351-CU-BC-GDS
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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
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I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the action; my business address is 23901 Calabasas Road, Suite 2072, Calabasas,
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California 91302.
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On May 22, 2023, I served the following document described as set forth below on the
interested parties in this action by placing true copies thereof enclosed in sealed envelopes,
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addressed as follows:

Document(s) Served REQUEST FOR ADMISSION, SET ONE
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Party(s) Served:
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LAW OFFICES OF JOHN L. F ALLAT
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JOHN L. F ALLAT (State Bar No. 114842)
TIMOTHY J. TOMLIN (State Bar No. 142294) 68 Mitchell
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Boulevard, Suite 135
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San Rafael CA. 94903-2046
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Telephone: (415) 457-3773
Facsimile: (415) 457-2667
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DOWNEY BRAND LLP
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MATTHEW J. WEBER (Bar No. 227314)
mweber@downeybrand.com
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3425 Brookside Road, Suite A
Stockton, California 95219
Telephone: 209.473.6450
ON
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Facsimile: 209.473.6455

XX (BY EMAIL) I served the above document(s) to the email address listed above. A true
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and correct copy of transmittal will be produced if requested by any party or court.
NO

__ (BY PERSONAL SERVICE) I personally delivered by hand to the offices of the
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addressee(s).
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NO

XX (STATE) I declare under penalty of perjury under the laws of the State of California
that the above is true and correct.
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NO
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__ (FEDERAL) I declare that I am employed in the office of a member of the bar of this
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court, at whose direction the service was made.
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NO

EXECUTED at Calabasas, California on May 22, 2023
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/s/ Vanessa Cuellar
NO
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Vanessa Cuellar
NH

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REQUEST FOR ADMISSION
[SET ONE]

Case Info

Judge

Kenneth C. Mennemeier, Jr. Track Judge’s New Case

Case No.

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Document Filed Date

August 02, 2023

Case Filing Date

February 28, 2023

County

Parties

Cook, Christopher Plaintiff
Does 1-100 Defendant
Filed By: Cook, Christopher Plaintiff
Kamoyevich, Avanyan Armen Defendant
Robert L Starr Attorney for the Plaintiff
The Western Surety Company Defendant
Matthew Weber Attorney
Tyler Horn Attorney
Adam Rose Attorney
Theodore Tang Attorney
Timothy Tomlin Attorney
John Fallat Attorney
Kevin Faulk Attorneys for Plaintiffs
John Miser Attorney

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Motion,Ex Parte: Christopher Cook vs. Avanyan Armen Kamoyevich

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