Preview
1 JAMES M. MAKASIAN E-FILED
JAMES M. MAKASIAN, P.C. 4/3/2018 11:20 AM
2 FRESNO COUNTY SUPERIOR COURT
1327 “N” Street
Fresno, California 93721 By: K. Daves, Deputy
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Tel: (559) 442-4212
4 Fax: (559) 445-0328
Email: jamesmakasian@gmail.com
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6 Attorney for Defendants
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SUPERIOR COURT FOR THE STATE OF CALIFORNIA
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9 IN AND FOR THE COUNTY OF FRESNO
10 UNLIMITED CIVIL JURISDICTION
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JAMES M. LANIER Case No.: 13CECG02843
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Plaintiffs,
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vs. DEFENDANTS’ SEPARATE STATEMENT
15 OF ISSUES REGARDING MOTION TO
SAN JOAQUIN VALLEY OFFICIALS COMPEL ANSWERS TO QUESTIONS AT
16 DEPOSITION
ASSOCIATION; FRED BROAD; RANDY
17 WRIGHT; FRANK KIRBY; WILLIAM
LONG; BOY KAYAJANIAN; BRIG BEATIE; [Code Civ. Proc. §2025.480]
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ED MATEO; GREG COSTA; DIETER
19 HENKLEMAN and DOES 1-10,
Hearing Date: May 2, 2018
20 Defendants. Hearing Time: 3:30 P.M.
Dept.: 501
21 Action Filed: September 11, 2013
Trial Date: July 30, 2018
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__________________________________________
DEFENDANTS’ SEPARATE STATEMENT
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OF ISSUES REGARDING MOTION TO COMPEL
ANSWERS TO QUESTIONS AT DEPOSITION
Lanier v. San Joaquin Valley Officials Association
Fresno County Case No. 13CECG02843
1
1 SEPARATE STATEMENT OF ISSUES IN DISPUTE
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Pursuant to California Rules of Court Rule 3.1345(c), this separate statement is submitted
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in support of Defendants’ Motion to Compel Answers to Questions at Deposition. The following
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questions are taken from the deposition of James M. Lanier taken on January 9, 2018.
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6 1. QUESTION #1
7 QUESTIONS/RESPONSES:
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3 Q: Did you attempt -- after one of the coaches left, ·
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4· · did you approach the new coach and ask whether or not you
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5· · could continue to give spring and summer activities ·
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12 6· · officials? ·
13 7· A.· ·Well, the Clovis schools, I was told that your ·
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8 clients had went to the district athletic director and ·
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9· · pressured them into taking that away from me.
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10· Q.· ·And who told you that?
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18 11· A.· ·Several of the Clovis coaches.
19 12· Q.· ·Who?
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13· A.· · I'm not going to name any names right now.
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14 You have to.
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15· · ·· A.· ·No, I don't.
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24 16· · ·· Q.· ·Yes, you do.
25 17· · ·· A.· · I'll pass.
26 18· · ·· Q.· ·You refuse --
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__________________________________________
DEFENDANTS’ SEPARATE STATEMENT
28
OF ISSUES REGARDING MOTION TO COMPEL
ANSWERS TO QUESTIONS AT DEPOSITION
Lanier v. San Joaquin Valley Officials Association
Fresno County Case No. 13CECG02843
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1 19 A.· ·Yeah.
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20· · · Q.· ·-- to answer the question?
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21 A.· ·Sure.
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22· MR. MAKASIAN:· Let me speak to you guys outside.
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23 (Discussion off the record.)
7 24· · BY MR. MAKASIAN:
8 25· · ·· Q.· ·I'll ask you one more time:· Who told you at Clovis ·
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1· ·West that San Joaquin Valley Officials Association pressured
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· 2· ·them not to hire you?
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· 3· · · · A.· · I'm not going to divulge that information.· Some of ·
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13 · 4· ·those people are still employed with the district.
14 · ·5· · · · Q.· ·Are you planning on calling them into court? ·
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· 6· · · · A.· ·Haven't made the decision on it yet. ·
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· 7· · · · Q.· ·Then I'm entitled to know. ·
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·
18 · 8· · · · A.· ·You'll know when I make my decision. ·
·
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9· · · · Q.· ·So you're refusing to answer?
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10· · ··A.· ·That question, yes.
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11 Who at Clovis—
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12· · ·· A.· ·Same answer.
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24 13· · ·· Q.· ·-- High School told you --
25 14· · ·· A.· ·Same answer.
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15· · ·· Q.· ·-- that San Joaquin
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__________________________________________
DEFENDANTS’ SEPARATE STATEMENT
28
OF ISSUES REGARDING MOTION TO COMPEL
ANSWERS TO QUESTIONS AT DEPOSITION
Lanier v. San Joaquin Valley Officials Association
Fresno County Case No. 13CECG02843
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1 16· ·pressured them not to hire
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17· · ·· A.· ·Next question.
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18· · ·· Q.· ·You're not going to
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19· · ·· A.· ·No.
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6 20· · ·· Q.· ·Who at Clovis East
7 21· · Association pressured you
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22· · ·· A.· ·Next question.
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23· · ·· Q.· ·You're not going to
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24· · ·· A.· ·No.
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REASONS PLAINTIFF’S FAILURE TO RESPOND IS INADEQUATE:
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13 Any party may obtain discovery regarding any matter, not privileged, that is relevant to
14 the subject matter involved in the pending action or to the determination of any motion made in
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that action, if the matter is itself admissible in evidence or appears reasonably calculated to lead
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to the discovery of admissible evidence. (CCP §2017.010.) At issue herein, is whether or not
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Defendants, and each of them, have engaged in unfair, unjust, unlawful or otherwise anti-
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19 competitive and/or monopolistic conduct. Plaintiff’s above-cited testimony bears upon whether
20 or not Defendants, and each of the, had a history of or engaged in conduct targeted at disrupting
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Plaintiff’s competing business. Counsel’s attempt to inquire into this area was done to ascertain
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whether or not any witnesses could testify to Plaintiff’s allegations that Defendants had
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pressured employees of certain school districts not to hire Plaintiff. Whether or not the
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25 witnesses possess any evidence of the misconduct of Defendants, and each of them, is directly
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__________________________________________
DEFENDANTS’ SEPARATE STATEMENT
28
OF ISSUES REGARDING MOTION TO COMPEL
ANSWERS TO QUESTIONS AT DEPOSITION
Lanier v. San Joaquin Valley Officials Association
Fresno County Case No. 13CECG02843
4
1 relevant to the allegations in Plaintiff’s Complaint. Further, the witnesses may also be in
2
possession of facts which potentially bear upon Defendant’s defense of this matter.
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As such, Defendant must be compelled to answer.
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2. QUESTION #2:
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QUESTIONS/ANSWERS:
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15· · ·· Q.· ·Did anyone at Central that you know of attempt to
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9 16· · pressure San Joaquin Valley Association not to hire
10 17· · SportsTime?
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18· · ·· A.· ·That I know of.
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19· · ·· Q.· ·That you know of.· That's all I'm asking is what's
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20· · in your knowledge.
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15 21· · ·· A.· ·No, no.
16 22· · ·· Q.· ·Okay.· So then you gave up Central on your own free
17 23· · will; is that true?
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24· · ·· A.· ·Next question.
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25· · · Q.· ·Is that true or not?· Are you going to answer that ·
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1· question?
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22 2· · · · A.· ·No.· I'm not going to answer it.
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REASONS PLAINTIFF’S FAILURE TO RESPOND IS INADEQUATE:
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25 Any party may obtain discovery regarding any matter, not privileged, that is relevant to
26 the subject matter involved in the pending action or to the determination of any motion made in
27
__________________________________________
DEFENDANTS’ SEPARATE STATEMENT
28
OF ISSUES REGARDING MOTION TO COMPEL
ANSWERS TO QUESTIONS AT DEPOSITION
Lanier v. San Joaquin Valley Officials Association
Fresno County Case No. 13CECG02843
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1 that action, if the matter is itself admissible in evidence or appears reasonably calculated to lead
2
to the discovery of admissible evidence. (CCP §2017.010.) At issue herein, is whether or not
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Defendants, and each of them, have engaged in unfair, unjust, unlawful or otherwise anti-
4
competitive, monopolistic conduct. The above-cited testimony bears upon whether or not
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6 Plaintiff had intentionally abandoned work for the Central Unified School District or whether it
7 was due to some other misconduct by Defendants. Counsel’s attempt to inquire into this area
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was done to ascertain whether or not Plaintiff had voluntarily relinquished work with Central
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Unified School District or whether the unjust, unfair or unlawful practices of Defendants, and
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each of them, was the cause for the alleged loss of the work. Plaintiff’s Complaint is predicated
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12 upon allegations of violation of Unfair Competition Law and violation of the Cartwright Act.
13 Plaintiff’s allegations that Defendants, and each of them, are engaged in any unjust, unfair or
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illegal activity with respect to its business practices is directly relevant and discoverable.
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As such, Defendant must be compelled to answer.
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3. QUESTION #3
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18 QUESTIONS/RESPONSES
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20 You've got it in your mind that somebody at the San
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21· · Joaquin Officials Association has told you that
22 22· · misinformation, misleading information, intimidation,
23 23· · threats, bullying has taken place by the San Joaquin Valley
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24· · Officials Association, basically against you and your
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25· · business, correct?
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1· · · · A.· ·Yes. ·
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__________________________________________
DEFENDANTS’ SEPARATE STATEMENT
28
OF ISSUES REGARDING MOTION TO COMPEL
ANSWERS TO QUESTIONS AT DEPOSITION
Lanier v. San Joaquin Valley Officials Association
Fresno County Case No. 13CECG02843
6
1 2· · · · Q.· ·Who told you that? ·
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3· · · · A.· · I'm not revealing those names right now. ·
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4· · · · Q.· ·And when will you reveal those names? ·
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5· · · · A.· ·At the appropriate time. ·
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6 6· · · · Q.· ·And when is that? ·
7 7· · · · A.· ·Time will tell. ·
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8· · · · Q.· ·Whenever you decide?· Is that it? ·
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9· · · · A.· ·Yeah.
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REASONS PLAINTIFF’S FAILURE TO RESPOND IS INADEQUATE:
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12 Any party may obtain discovery regarding any matter, not privileged, that is relevant to
13 the subject matter involved in the pending action or to the determination of any motion made in
14
that action, if the matter is itself admissible in evidence or appears reasonably calculated to lead
15
to the discovery of admissible evidence. (CCP §2017.010.) At issue herein, is whether or not
16
Defendants, and each of them, have engaged in unfair, unjust, unlawful or otherwise anti-
17
18 competitive, monopolistic conduct. The above-cited testimony bears upon whether or not
19 Defendants, and each of them, had engaged misinformation, misleading information,
20
intimidation, threats and/or bullying conduct as a part of their business practices. Counsel’s
21
attempt to inquire into this area was done to ascertain whether or not any witnesses could testify
22
to Plaintiff’s allegations that Defendant had engaged in the above-described conduct. Whether
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24 or not the witnesses possess any evidence of the misconduct of Defendants, and each of them, is
25 directly relevant to the allegations in Plaintiff’s Complaint. Further, the witnesses may also be in
26
possession of facts which potentially bear upon Defendant’s defense of the matter.
27
__________________________________________
DEFENDANTS’ SEPARATE STATEMENT
28
OF ISSUES REGARDING MOTION TO COMPEL
ANSWERS TO QUESTIONS AT DEPOSITION
Lanier v. San Joaquin Valley Officials Association
Fresno County Case No. 13CECG02843
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1 As such, Defendant must be compelled to answer.
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DATED: April 2, 2018
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JAMES M. MAKASIAN, P.C.
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__________________________
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JAMES M. MAKASIAN
12 Attorney for Defendants
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__________________________________________
DEFENDANTS’ SEPARATE STATEMENT
28
OF ISSUES REGARDING MOTION TO COMPEL
ANSWERS TO QUESTIONS AT DEPOSITION
Lanier v. San Joaquin Valley Officials Association
Fresno County Case No. 13CECG02843
8
Preview
1 JAMES M. MAKASIAN E-FILED JAMES M. MAKASIAN, P.C. 4/3/2018 11:20 AM 2 FRESNO COUNTY SUPERIOR COURT 1327 “N” Street Fresno, California 93721 By: K. Daves, Deputy 3 Tel: (559) 442-4212 4 Fax: (559) 445-0328 Email: jamesmakasian@gmail.com 5 6 Attorney for Defendants 7 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 8 9 IN AND FOR THE COUNTY OF FRESNO 10 UNLIMITED CIVIL JURISDICTION 11 12 JAMES M. LANIER Case No.: 13CECG02843 13 Plaintiffs, 14 vs. DEFENDANTS’ SEPARATE STATEMENT 15 OF ISSUES REGARDING MOTION TO SAN JOAQUIN VALLEY OFFICIALS COMPEL ANSWERS TO QUESTIONS AT 16 DEPOSITION ASSOCIATION; FRED BROAD; RANDY 17 WRIGHT; FRANK KIRBY; WILLIAM LONG; BOY KAYAJANIAN; BRIG BEATIE; [Code Civ. Proc. §2025.480] 18 ED MATEO; GREG COSTA; DIETER 19 HENKLEMAN and DOES 1-10, Hearing Date: May 2, 2018 20 Defendants. Hearing Time: 3:30 P.M. Dept.: 501 21 Action Filed: September 11, 2013 Trial Date: July 30, 2018 22 23 24 25 26 27 __________________________________________ DEFENDANTS’ SEPARATE STATEMENT 28 OF ISSUES REGARDING MOTION TO COMPEL ANSWERS TO QUESTIONS AT DEPOSITION Lanier v. San Joaquin Valley Officials Association Fresno County Case No. 13CECG02843 1 1 SEPARATE STATEMENT OF ISSUES IN DISPUTE 2 Pursuant to California Rules of Court Rule 3.1345(c), this separate statement is submitted 3 in support of Defendants’ Motion to Compel Answers to Questions at Deposition. The following 4 questions are taken from the deposition of James M. Lanier taken on January 9, 2018. 5 6 1. QUESTION #1 7 QUESTIONS/RESPONSES: 8 3 Q: Did you attempt -- after one of the coaches left, · 9 4· · did you approach the new coach and ask whether or not you 10 5· · could continue to give spring and summer activities · 11 12 6· · officials? · 13 7· A.· ·Well, the Clovis schools, I was told that your · 14 8 clients had went to the district athletic director and · 15 9· · pressured them into taking that away from me. 16 10· Q.· ·And who told you that? 17 18 11· A.· ·Several of the Clovis coaches. 19 12· Q.· ·Who? 20 13· A.· · I'm not going to name any names right now. 21 14 You have to. 22 15· · ·· A.· ·No, I don't. 23 24 16· · ·· Q.· ·Yes, you do. 25 17· · ·· A.· · I'll pass. 26 18· · ·· Q.· ·You refuse -- 27 __________________________________________ DEFENDANTS’ SEPARATE STATEMENT 28 OF ISSUES REGARDING MOTION TO COMPEL ANSWERS TO QUESTIONS AT DEPOSITION Lanier v. San Joaquin Valley Officials Association Fresno County Case No. 13CECG02843 2 1 19 A.· ·Yeah. 2 20· · · Q.· ·-- to answer the question? 3 21 A.· ·Sure. 4 22· MR. MAKASIAN:· Let me speak to you guys outside. 5 6 23 (Discussion off the record.) 7 24· · BY MR. MAKASIAN: 8 25· · ·· Q.· ·I'll ask you one more time:· Who told you at Clovis · 9 1· ·West that San Joaquin Valley Officials Association pressured 10 · 2· ·them not to hire you? 11 · 3· · · · A.· · I'm not going to divulge that information.· Some of · 12 13 · 4· ·those people are still employed with the district. 14 · ·5· · · · Q.· ·Are you planning on calling them into court? · 15 · · 6· · · · A.· ·Haven't made the decision on it yet. · 16 · 7· · · · Q.· ·Then I'm entitled to know. · 17 · 18 · 8· · · · A.· ·You'll know when I make my decision. · · 19 9· · · · Q.· ·So you're refusing to answer? 20 10· · ··A.· ·That question, yes. 21 11 Who at Clovis— 22 12· · ·· A.· ·Same answer. 23 24 13· · ·· Q.· ·-- High School told you -- 25 14· · ·· A.· ·Same answer. 26 15· · ·· Q.· ·-- that San Joaquin 27 __________________________________________ DEFENDANTS’ SEPARATE STATEMENT 28 OF ISSUES REGARDING MOTION TO COMPEL ANSWERS TO QUESTIONS AT DEPOSITION Lanier v. San Joaquin Valley Officials Association Fresno County Case No. 13CECG02843 3 1 16· ·pressured them not to hire 2 17· · ·· A.· ·Next question. 3 18· · ·· Q.· ·You're not going to 4 19· · ·· A.· ·No. 5 6 20· · ·· Q.· ·Who at Clovis East 7 21· · Association pressured you 8 22· · ·· A.· ·Next question. 9 23· · ·· Q.· ·You're not going to 10 24· · ·· A.· ·No. 11 REASONS PLAINTIFF’S FAILURE TO RESPOND IS INADEQUATE: 12 13 Any party may obtain discovery regarding any matter, not privileged, that is relevant to 14 the subject matter involved in the pending action or to the determination of any motion made in 15 that action, if the matter is itself admissible in evidence or appears reasonably calculated to lead 16 to the discovery of admissible evidence. (CCP §2017.010.) At issue herein, is whether or not 17 Defendants, and each of them, have engaged in unfair, unjust, unlawful or otherwise anti- 18 19 competitive and/or monopolistic conduct. Plaintiff’s above-cited testimony bears upon whether 20 or not Defendants, and each of the, had a history of or engaged in conduct targeted at disrupting 21 Plaintiff’s competing business. Counsel’s attempt to inquire into this area was done to ascertain 22 whether or not any witnesses could testify to Plaintiff’s allegations that Defendants had 23 pressured employees of certain school districts not to hire Plaintiff. Whether or not the 24 25 witnesses possess any evidence of the misconduct of Defendants, and each of them, is directly 26 27 __________________________________________ DEFENDANTS’ SEPARATE STATEMENT 28 OF ISSUES REGARDING MOTION TO COMPEL ANSWERS TO QUESTIONS AT DEPOSITION Lanier v. San Joaquin Valley Officials Association Fresno County Case No. 13CECG02843 4 1 relevant to the allegations in Plaintiff’s Complaint. Further, the witnesses may also be in 2 possession of facts which potentially bear upon Defendant’s defense of this matter. 3 As such, Defendant must be compelled to answer. 4 5 2. QUESTION #2: 6 QUESTIONS/ANSWERS: 7 15· · ·· Q.· ·Did anyone at Central that you know of attempt to 8 9 16· · pressure San Joaquin Valley Association not to hire 10 17· · SportsTime? 11 18· · ·· A.· ·That I know of. 12 19· · ·· Q.· ·That you know of.· That's all I'm asking is what's 13 20· · in your knowledge. 14 15 21· · ·· A.· ·No, no. 16 22· · ·· Q.· ·Okay.· So then you gave up Central on your own free 17 23· · will; is that true? 18 24· · ·· A.· ·Next question. 19 25· · · Q.· ·Is that true or not?· Are you going to answer that · 20 1· question? 21 22 2· · · · A.· ·No.· I'm not going to answer it. 23 REASONS PLAINTIFF’S FAILURE TO RESPOND IS INADEQUATE: 24 25 Any party may obtain discovery regarding any matter, not privileged, that is relevant to 26 the subject matter involved in the pending action or to the determination of any motion made in 27 __________________________________________ DEFENDANTS’ SEPARATE STATEMENT 28 OF ISSUES REGARDING MOTION TO COMPEL ANSWERS TO QUESTIONS AT DEPOSITION Lanier v. San Joaquin Valley Officials Association Fresno County Case No. 13CECG02843 5 1 that action, if the matter is itself admissible in evidence or appears reasonably calculated to lead 2 to the discovery of admissible evidence. (CCP §2017.010.) At issue herein, is whether or not 3 Defendants, and each of them, have engaged in unfair, unjust, unlawful or otherwise anti- 4 competitive, monopolistic conduct. The above-cited testimony bears upon whether or not 5 6 Plaintiff had intentionally abandoned work for the Central Unified School District or whether it 7 was due to some other misconduct by Defendants. Counsel’s attempt to inquire into this area 8 was done to ascertain whether or not Plaintiff had voluntarily relinquished work with Central 9 Unified School District or whether the unjust, unfair or unlawful practices of Defendants, and 10 each of them, was the cause for the alleged loss of the work. Plaintiff’s Complaint is predicated 11 12 upon allegations of violation of Unfair Competition Law and violation of the Cartwright Act. 13 Plaintiff’s allegations that Defendants, and each of them, are engaged in any unjust, unfair or 14 illegal activity with respect to its business practices is directly relevant and discoverable. 15 As such, Defendant must be compelled to answer. 16 3. QUESTION #3 17 18 QUESTIONS/RESPONSES 19 20 You've got it in your mind that somebody at the San 20 21 21· · Joaquin Officials Association has told you that 22 22· · misinformation, misleading information, intimidation, 23 23· · threats, bullying has taken place by the San Joaquin Valley 24 24· · Officials Association, basically against you and your 25 25· · business, correct? 26 1· · · · A.· ·Yes. · 27 __________________________________________ DEFENDANTS’ SEPARATE STATEMENT 28 OF ISSUES REGARDING MOTION TO COMPEL ANSWERS TO QUESTIONS AT DEPOSITION Lanier v. San Joaquin Valley Officials Association Fresno County Case No. 13CECG02843 6 1 2· · · · Q.· ·Who told you that? · 2 3· · · · A.· · I'm not revealing those names right now. · 3 4· · · · Q.· ·And when will you reveal those names? · 4 5· · · · A.· ·At the appropriate time. · 5 6 6· · · · Q.· ·And when is that? · 7 7· · · · A.· ·Time will tell. · 8 8· · · · Q.· ·Whenever you decide?· Is that it? · 9 9· · · · A.· ·Yeah. 10 REASONS PLAINTIFF’S FAILURE TO RESPOND IS INADEQUATE: 11 12 Any party may obtain discovery regarding any matter, not privileged, that is relevant to 13 the subject matter involved in the pending action or to the determination of any motion made in 14 that action, if the matter is itself admissible in evidence or appears reasonably calculated to lead 15 to the discovery of admissible evidence. (CCP §2017.010.) At issue herein, is whether or not 16 Defendants, and each of them, have engaged in unfair, unjust, unlawful or otherwise anti- 17 18 competitive, monopolistic conduct. The above-cited testimony bears upon whether or not 19 Defendants, and each of them, had engaged misinformation, misleading information, 20 intimidation, threats and/or bullying conduct as a part of their business practices. Counsel’s 21 attempt to inquire into this area was done to ascertain whether or not any witnesses could testify 22 to Plaintiff’s allegations that Defendant had engaged in the above-described conduct. Whether 23 24 or not the witnesses possess any evidence of the misconduct of Defendants, and each of them, is 25 directly relevant to the allegations in Plaintiff’s Complaint. Further, the witnesses may also be in 26 possession of facts which potentially bear upon Defendant’s defense of the matter. 27 __________________________________________ DEFENDANTS’ SEPARATE STATEMENT 28 OF ISSUES REGARDING MOTION TO COMPEL ANSWERS TO QUESTIONS AT DEPOSITION Lanier v. San Joaquin Valley Officials Association Fresno County Case No. 13CECG02843 7 1 As such, Defendant must be compelled to answer. 2 3 DATED: April 2, 2018 4 5 6 7 JAMES M. MAKASIAN, P.C. 8 9 10 __________________________ 11 JAMES M. MAKASIAN 12 Attorney for Defendants 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 __________________________________________ DEFENDANTS’ SEPARATE STATEMENT 28 OF ISSUES REGARDING MOTION TO COMPEL ANSWERS TO QUESTIONS AT DEPOSITION Lanier v. San Joaquin Valley Officials Association Fresno County Case No. 13CECG02843 8