Party Discovery: HDM FURNITURE INDUSTRIES INC VS. VICTORIA L CARD ET AL

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                                STEVEN A. BOOSKA
ATTORNEY AT LAW
PO BOX 2169
OAKLAND, CA 94621
Telephone: (415) 397-4345
Facsimile: (415) 982-3440
Attorney for Plaintiff

SBN 107899

File No: 20150473

ELECTRONICA|

FILE

Superior Court of
County of San

08/21/20

Clerk of the Co
BY:KIMBERLY CLA}

Deputy

IN THE SUPERIOR COURT OF CALIFORNIA

IN AND FOR THE COUNTY OF SAN FRANCISCO

UNLIMITED CIVIL DIVISION

HDM FURNITURE INDUSTRIES,
HERITGAGE HOME GROUP LLC,

Plaintiff,
vs.

VICTORIA L. CARD; VICTORIA L.

CARD INDIVIDUALLY AND DBA

PACIFIC HEIGHTS PLACE, et al.,
Defendant

INC.,

Case No.: CGC-15-544243
MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
MOTION FOR DEEMED ADMISSIONS
AND FOR SANCTIONS

Date: October 7, 2015
Time: 9:30am
Dept: 302

Reservation No:08201007-07

TF A PARTY TO WHON REQUESTS FOR ADMISSIONS ARE

DIRECTED FAILES TO SERVE A TIMELY RESPONSE...

THE REQUESTING PARTY MAY MOVE FOR AN ORDER THAT THE

GENUINENESS OF ANY DOCUMENTS AND THE TRUTH OF ANY

MATTERS SPECIFIED IN THE REQUESTS BE DERMED ADMITTED,

AS WELL AS FOR A MONETARY SANCTION UNDER CHAPTER

7 (COMMENICING WITH SECTION 2023.030)(CCP. SEC. 2033.280(b)

In the instant case, a set of plaintiff’s request for
admissions were served on defendant(s) .on VICTORIA L. CARD;
VICTORIA L. CARD INDIVIDUALLY AND DBA PACIFIC HEIGHTS PLACE.
With no response in his/her/their receipt, on or about August 4,
2015, plaintiff’s counsel directed a letter to defendant
demanding the responses to the discovery within ten days. As of
the present date, defendant has failed to provide plaintiff with
the responses to the Request for Admissions and has failed to
contact plaintiff’s counsel’s office in any way to discuss this

case.

IL

IT IS MANDATORY THAT THE COURT IMPOSE A MONETARY SANCTION

UNDER CHAPTER 7 (COMMENCING WITH SECCTION 2023.010} .ON THE

PARTY OR ATTORNEY, OR BOTH WHOSE FAILURE TO SERVE A TIMELY
RESPONSE TO REQUESTS FOR ADMISSIONS NEESSITATED THIS MOTION.

(CCP SEC. 2033.280(3) (c)

Defendant's abuse of the discovery process, despite
Plaintiff’s good faith attempts to amicably resolve this
Matter, allows for the awarding of sanctions to plaintiff
C.C.P. Sec. 2023.010(d) states that “misuses of the discovery
Process include..failing to respond or to submit to an authorized

method of discovery.” It further states that:w

o

The court shall impose a monetary sanction ordering
That any party or attorney for fails to confer as
Required pay the reasonable expenses, including
Attorney’s fees, incurred by anyone as a result of
that conduct. C.C.P. Sec. 2023.020.

This motion is accompanies by a Declaration of Steven A.

Booska showing that this motion has cost $810.00 in expenses.
The moving party requests sanctions in this amount.
In light of the above circumstances, the imposition of

sanctions on defendant is warranted.

Respectfully submitted,

Pee eee

Dated: August 21, 2015 By

STEVEN A. BOOSKA
Attorney for Plaintiff