Preview
8
8
BRYAN CAVE LL
THREE EMBARCADERO CENT
SAN FRANCISCO, CA 94111-4070
BRYAN CAVE LLP
Daniel T. Rockey, California Bar No. 178604
Goli Mahdavi, California Bar No. 245705
Three Embarcadero Center, 7th Floor
San Francisco, CA 94105-2994
Telephone: (415) 675-3400
Facsimile: (415) 675-3434
E-Mail: daniel.rockey@bryancave.com
goli.mahdavi@bryancave.com
Attorneys for Defendant
JPMORGAN CHASE BANK, N.A.
ELECTRONICALLY
FILED
‘Supertor Court of Caltfornia,
County of San Francisco
03/22/2017
Clerk of the Court
BY:SANDRA SCHIRO
Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
MARTIN ENG,
Plaintiff,
Vv.
JPMORGAN CHASE BANK, N.A.;
QUALITY LOAN SERVICES; LENDER
PROCESSING SERVICES, INC., DOES 1-
1000 inclusive,
Defendants.
SFO1DOCS\299794.1
Case No. CGC-15-546377
DECLARATION OF GOLI MAHDAVI IN
SUPPORT OF MOTION FOR
TERMINATING SANCTIONS AND
MONETARY SANCTIONS IN THE
AMOUNT OF $1,980 OF DEFENDANT
JPMORGAN CHASE BANK, N.A.
[Filed concurrently with Notice of Motion and
Motion; [Proposed] Order]
Date: April 25, 2017
Time: 9:00 a.m.
Dept.: 302 - DISCOVERY
Complaint Filed: June 16, 2015
Trial Date: August 21, 2017
DECLARATION OF GOL] MAHDAVI ISO OF DEFENDANT’S MOTION FOR TERMINATING AND.
MONETARY SANCTIONS** FLOOR
BRYAN Cave LLP,
SAN FRANCISCO, CA 94111-4070
THREE EMBARCADERO CENTER, 7
DECLARATION OF GOLI MAHDAVI
1, Goli Mahdavi, declare:
1. lam an attorney licensed to practice law in the State of California and an associate
with the law firm of Bryan Cave LLP, counsel of record for Defendant JPMorgan Chase Bank,
N.A. (“Defendant”). I make this Declaration in support Defendant’s Motion for Terminating and
Monetary Sanctions. The information contained in this Declaration is true and correct to the best
of my knowledge and if called upon to testify in court regarding the matters addressed herein, I
could and would competently do so.
2. On or around November 3, 2016, I caused to be served Defendant’s first set of form
interrogatories, first set of special interrogatories, first set of demands for inspection, and first set
of requests for admission on Plaintiff Martin Eng. The discovery propounded by Defendant
pertains to Plaintiff's contentions in his complaint.
3. Plaintiff failed to respond or object by December 8, 2016.
4. After meeting and conferring with Plaintiff's counsel, I filed the motion to compel
discovery responses, and set a hearing for February 3, 2017.
5. Plaintiff did not file an opposition.
6. At the hearing, which Plaintiff did not attend, the Court granted Chase’s Motion to
Compel and ordered Plaintiff to serve responses to Chase’s first set of discovery requests by no
later than February 23, 2017. The Court further ordered Plaintiff to pay sanctions in the amount of
$2,150. A true and correct copy of the Court’s February 3, 2017 Order is attached hereto as
Exhibit A.
7. I caused to be filed and served notice of entry of the order on February 3, 2017.
8. I contacted Plaintiffs counsel on February 28, 2017 requesting that Plaintiff serve
discovery responses without further delay or Chase would be forced to seek further court
intervention. Plaintiff's counsel requested an additional week to respond.
9. As of March 22, 2017, my office has not received any discovery responses or the
payment of sanctions from Plaintiffs counsel.
SFOIDOCS\299794.1 1
DECLARATION OF GOLI MAHDAVI ISO OF DEFENDANT'S MOTION FOR TERMINATING AND
MONETARY SANCTIONS** FLOOR
BRYAN Cave LLP,
SAN FRANCISCO, CA 94111-4070
THREE EMBARCADERO CENTER, 7
10. I spent more than four hours preparing this motion, this supporting declaration and
proposed order. | graduated from Santa Clara University of Law in 2006, and have been
practicing civil litigation in state and federal courts throughout Northern California since that time.
My current billable rate is $495 per hour. Defendant requests that the Court award Defendant
monetary sanctions against Plaintiff in the amount of no less than $1,980 for the time spent
preparing this motion, and Defendant requests that amount be increased by any time spent
preparing a reply brief or appearing at the hearing on this motion.
I declare under penalty of perjury under the laws of the State of California that the facts set
forth above are true and correct.
Executed this 22nd day of March, 2017, at San Francisco, California.
Goh Mahdavi
\
SFOIDOCS\299794.1 2
DECLARATION OF GOLI MAHDAVI ISO OF DEFENDANT'S MOTION FOR TERMINATING AND
MONETARY SANCTIONSExhibit ABRYAN CAVE LLP
THREE EMBARCADERO CENTER, 7" FLOOR
SAN FRANCISCO, CA 94111-4070
Com YN DH BF Ww NY
a eet tele a
BYR RRBRBREESSPRFUAARE EHTS
BRYAN CAVE LLP
Daniel T. Rockey, California Bar No. 178604
Goli Malidavi, California Bar No. 245705
Three Embarcadero-Center, 7th Floor
San Francisco, CA 94105-2994
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
Telephone: (415) 675-3400
Facsimile: (415) 675-3434
E-Mail: daniel.rockey@bryancave.com
goli.mahdavi@bryancave.com
Attorneys for Defendant
JPMORGAN CHASE BANK, N.A.
MARTIN ENG,
Plaintiff,
v.
JPMORGAN CHASE BANK, N.A.;
QUALITY LOAN SERVICES; LENDER
PROCESSING SERVICES, INC., DOES 1-
1000 inclusive,
Defendants.
SFO1DOCS\294742.1
Case No. CGC-15-546377
[PROPOSED] ORDER TO DEEM
REQUESTS FOR ADMISSIONS
ADMITTED, COMPELLING
DISCOVERY RESPONSES AND THE
PRODUCTION OF DOCUMENTS AND
IMPOSING SANCTIONS
Date:
Time:
Dept.: *
February 3, 2017
9:00 a.m.
302 - DISCOVERY
Complaint Filed:
Trial Date:
June 16, 2015
August 21, 2017
[PROPOSED] ORDERBRYAN CAVE LLP
THREE EMBARCADERO CENTER, 7™ FLOOR
SAN FRANCISCO, CA 94111-4070
Coe YN DH BBW YY
RN Bee Be ewe ew ewe ew ew ee
BNRRRPBSRRRFSSSWAFBTREBERTS
The Motion of Defendant, JPMorgan Chase Bank, N.A. (“Defendant”), to have matters
deemed admitted in Chase’s First Set of Requests for Admission, to compel Plaintiff Martin Eng
(“Eng”) to respond to Defendant’s Form Interrogatories, Set One, Special Interrogatories, Set One,
and Request for Production, Set One, and to impose sanctions came on regularly for hearing, and
the Court being fully advised and good cause appearing therefor,
THE COURT HEREBY ORDERS THAT:
1. Defendant’s motion to have Requests for Admission, Set One to Plaintiff Martin
Eng deemed admitted is GRANTED. Defendant’s Requests for Admission numbers 1-32 are
hereby deemed admitted.
2. Defendant’s motion to compel Plaintiff to respond to Defendant’s Form
Interrogatories, Set One is GRANTED. Plaintiff is ordered to serve full and complete responses to
the subject Form Interrogatories, without objections, within 20 days of the date of this ruling.
3. ° Defendant’s motion to compel Plaintiff to respond to Defendant’s Special
Interrogatories, Set One is GRANTED. Plaintiff is ordered to serve full and complete responses to
the subject Special Interrogatories, without objections, within 20 days of the date of this ruling.
4, Defendant’s motion to compel Plaintiff to respond to Defendant’s Request for
Production, Set One is GRANTED. Plaintiff is ordered to serve full and complete responses to the
subject Request for Production, without objections, and to produce all responsive documents,
within 20 days of the date of this ruling.
5. Defendant’s request for monetary sanctions against Plaintiff is GRANTED in the
amount of $2,150. Plaintiff shall pay Defendant said amount within 20 days of the date of this
tuling. ,
IT IS SO ORDERED
Dated: 2D fe ln LOK eta |
Judge of the ay Fralcisco County
SFOIDOCS\294742.1
1
[PROPOSED] ORDER
ert
Preview
8 8 BRYAN CAVE LL THREE EMBARCADERO CENT SAN FRANCISCO, CA 94111-4070 BRYAN CAVE LLP Daniel T. Rockey, California Bar No. 178604 Goli Mahdavi, California Bar No. 245705 Three Embarcadero Center, 7th Floor San Francisco, CA 94105-2994 Telephone: (415) 675-3400 Facsimile: (415) 675-3434 E-Mail: daniel.rockey@bryancave.com goli.mahdavi@bryancave.com Attorneys for Defendant JPMORGAN CHASE BANK, N.A. ELECTRONICALLY FILED ‘Supertor Court of Caltfornia, County of San Francisco 03/22/2017 Clerk of the Court BY:SANDRA SCHIRO Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO MARTIN ENG, Plaintiff, Vv. JPMORGAN CHASE BANK, N.A.; QUALITY LOAN SERVICES; LENDER PROCESSING SERVICES, INC., DOES 1- 1000 inclusive, Defendants. SFO1DOCS\299794.1 Case No. CGC-15-546377 DECLARATION OF GOLI MAHDAVI IN SUPPORT OF MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS IN THE AMOUNT OF $1,980 OF DEFENDANT JPMORGAN CHASE BANK, N.A. [Filed concurrently with Notice of Motion and Motion; [Proposed] Order] Date: April 25, 2017 Time: 9:00 a.m. Dept.: 302 - DISCOVERY Complaint Filed: June 16, 2015 Trial Date: August 21, 2017 DECLARATION OF GOL] MAHDAVI ISO OF DEFENDANT’S MOTION FOR TERMINATING AND. MONETARY SANCTIONS** FLOOR BRYAN Cave LLP, SAN FRANCISCO, CA 94111-4070 THREE EMBARCADERO CENTER, 7 DECLARATION OF GOLI MAHDAVI 1, Goli Mahdavi, declare: 1. lam an attorney licensed to practice law in the State of California and an associate with the law firm of Bryan Cave LLP, counsel of record for Defendant JPMorgan Chase Bank, N.A. (“Defendant”). I make this Declaration in support Defendant’s Motion for Terminating and Monetary Sanctions. The information contained in this Declaration is true and correct to the best of my knowledge and if called upon to testify in court regarding the matters addressed herein, I could and would competently do so. 2. On or around November 3, 2016, I caused to be served Defendant’s first set of form interrogatories, first set of special interrogatories, first set of demands for inspection, and first set of requests for admission on Plaintiff Martin Eng. The discovery propounded by Defendant pertains to Plaintiff's contentions in his complaint. 3. Plaintiff failed to respond or object by December 8, 2016. 4. After meeting and conferring with Plaintiff's counsel, I filed the motion to compel discovery responses, and set a hearing for February 3, 2017. 5. Plaintiff did not file an opposition. 6. At the hearing, which Plaintiff did not attend, the Court granted Chase’s Motion to Compel and ordered Plaintiff to serve responses to Chase’s first set of discovery requests by no later than February 23, 2017. The Court further ordered Plaintiff to pay sanctions in the amount of $2,150. A true and correct copy of the Court’s February 3, 2017 Order is attached hereto as Exhibit A. 7. I caused to be filed and served notice of entry of the order on February 3, 2017. 8. I contacted Plaintiffs counsel on February 28, 2017 requesting that Plaintiff serve discovery responses without further delay or Chase would be forced to seek further court intervention. Plaintiff's counsel requested an additional week to respond. 9. As of March 22, 2017, my office has not received any discovery responses or the payment of sanctions from Plaintiffs counsel. SFOIDOCS\299794.1 1 DECLARATION OF GOLI MAHDAVI ISO OF DEFENDANT'S MOTION FOR TERMINATING AND MONETARY SANCTIONS** FLOOR BRYAN Cave LLP, SAN FRANCISCO, CA 94111-4070 THREE EMBARCADERO CENTER, 7 10. I spent more than four hours preparing this motion, this supporting declaration and proposed order. | graduated from Santa Clara University of Law in 2006, and have been practicing civil litigation in state and federal courts throughout Northern California since that time. My current billable rate is $495 per hour. Defendant requests that the Court award Defendant monetary sanctions against Plaintiff in the amount of no less than $1,980 for the time spent preparing this motion, and Defendant requests that amount be increased by any time spent preparing a reply brief or appearing at the hearing on this motion. I declare under penalty of perjury under the laws of the State of California that the facts set forth above are true and correct. Executed this 22nd day of March, 2017, at San Francisco, California. Goh Mahdavi \ SFOIDOCS\299794.1 2 DECLARATION OF GOLI MAHDAVI ISO OF DEFENDANT'S MOTION FOR TERMINATING AND MONETARY SANCTIONSExhibit ABRYAN CAVE LLP THREE EMBARCADERO CENTER, 7" FLOOR SAN FRANCISCO, CA 94111-4070 Com YN DH BF Ww NY a eet tele a BYR RRBRBREESSPRFUAARE EHTS BRYAN CAVE LLP Daniel T. Rockey, California Bar No. 178604 Goli Malidavi, California Bar No. 245705 Three Embarcadero-Center, 7th Floor San Francisco, CA 94105-2994 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO Telephone: (415) 675-3400 Facsimile: (415) 675-3434 E-Mail: daniel.rockey@bryancave.com goli.mahdavi@bryancave.com Attorneys for Defendant JPMORGAN CHASE BANK, N.A. MARTIN ENG, Plaintiff, v. JPMORGAN CHASE BANK, N.A.; QUALITY LOAN SERVICES; LENDER PROCESSING SERVICES, INC., DOES 1- 1000 inclusive, Defendants. SFO1DOCS\294742.1 Case No. CGC-15-546377 [PROPOSED] ORDER TO DEEM REQUESTS FOR ADMISSIONS ADMITTED, COMPELLING DISCOVERY RESPONSES AND THE PRODUCTION OF DOCUMENTS AND IMPOSING SANCTIONS Date: Time: Dept.: * February 3, 2017 9:00 a.m. 302 - DISCOVERY Complaint Filed: Trial Date: June 16, 2015 August 21, 2017 [PROPOSED] ORDERBRYAN CAVE LLP THREE EMBARCADERO CENTER, 7™ FLOOR SAN FRANCISCO, CA 94111-4070 Coe YN DH BBW YY RN Bee Be ewe ew ewe ew ew ee BNRRRPBSRRRFSSSWAFBTREBERTS The Motion of Defendant, JPMorgan Chase Bank, N.A. (“Defendant”), to have matters deemed admitted in Chase’s First Set of Requests for Admission, to compel Plaintiff Martin Eng (“Eng”) to respond to Defendant’s Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production, Set One, and to impose sanctions came on regularly for hearing, and the Court being fully advised and good cause appearing therefor, THE COURT HEREBY ORDERS THAT: 1. Defendant’s motion to have Requests for Admission, Set One to Plaintiff Martin Eng deemed admitted is GRANTED. Defendant’s Requests for Admission numbers 1-32 are hereby deemed admitted. 2. Defendant’s motion to compel Plaintiff to respond to Defendant’s Form Interrogatories, Set One is GRANTED. Plaintiff is ordered to serve full and complete responses to the subject Form Interrogatories, without objections, within 20 days of the date of this ruling. 3. ° Defendant’s motion to compel Plaintiff to respond to Defendant’s Special Interrogatories, Set One is GRANTED. Plaintiff is ordered to serve full and complete responses to the subject Special Interrogatories, without objections, within 20 days of the date of this ruling. 4, Defendant’s motion to compel Plaintiff to respond to Defendant’s Request for Production, Set One is GRANTED. Plaintiff is ordered to serve full and complete responses to the subject Request for Production, without objections, and to produce all responsive documents, within 20 days of the date of this ruling. 5. Defendant’s request for monetary sanctions against Plaintiff is GRANTED in the amount of $2,150. Plaintiff shall pay Defendant said amount within 20 days of the date of this tuling. , IT IS SO ORDERED Dated: 2D fe ln LOK eta | Judge of the ay Fralcisco County SFOIDOCS\294742.1 1 [PROPOSED] ORDER ert