On February 20, 2018 a
Motion-Secondary
was filed
involving a dispute between
Bordin, Jeffrey,
Martinez, Gregorio,
R.C. Wehmeyer Construction, Inc.,
Wehmeyer, Robert C.,
Squires, Matthew,
Squires, Nicole,
and
Amercian Contractors Indemnity Company,
Does 1 Through 20, Inclusive,
R.C. Wehmeyer Construction, Inc.,
Robert C. Wehmeyer Design, Inc.,
Wehmeyer, Robert C.,
for (06) Unlimited Breach of Contract/Warranty
in the District Court of San Mateo County.
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RICHARD M. KELLY, ESQ. (SBN: 154504)
MICHAEL MENGARELLI, ESQ. (SBN: 215000)
KELLY LITIGATION GROUP, INC.
3 Lagoon Drive, Suite 225
Redwood City, CA 94065
Telephone: (650) 591-2282
\DmflGNUI-BUJNl—L
Facsimile: (650) 591—2292
APRIL S. GLATT, ESQ. (SBN: 185708)
CHAUVEL & GLATT, LLP
66 Bovet Road, Suite 280
San Mateo, CA 94402
Telephone: (650) 573-9500
Facsimile: (650) 573—9689
Attorneys for Plaintiffs and Cross-Defendants,
MATTHEW SQUIRES and NICOLE SQUIRES
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN MATEO
(UNLIMITED CIVIL JURISDICTION)
MATTHEW SQUIRES, et211., Case N0.: IS-CIV-00846
Plaintiffs, PLAINTIFFS’ OBJECTIONS TO
STATEMENTS IN DECLARATION OF
vs.
KATRINA HALL IN OPPOSITION TO
R.C. WEHMEYER CONSTRUCTION, INC, dba PLAINTIFF SQUIRES’ MOTION FOR
TERMINATING SANCTIONS AGAINST
WEHMEYER CUSTOM HOMES; et
HawwqamammwcwmuamL$553
211.,
ROBERT C. WEHMEYER, ETC.
MWNNNNNNNNNNi—LHMI—LHI—t
Defendants,
Action Filed: February 20, 2018
Trial Date: November 12, 2019
and RELATED CROSS-ACTIONS.
Date: September 27, 2019
Time: 9:00 am.
Dept: Law and Motion
1
PLAINTIFFS’ OBIECTIONS TO STATEMENTS IN DECLARATION OF KATRINA HALL IN OPPOSITION TO
PLAINTIFF SQUIRES’ MOTION FOR TERMINATING SANCTIONS AGAINST ROBERT C. WBHMEYBR, ETC.
Plaintiffs Matthew and Nicole Squires submit the following written objections t0 evidence
submitted by Defendants and Cross—Complainants Robert C. Wehmeyer Construction, 1:10., dba
Wehmeyer Custom Homes, Robert C. Wehmeyer, and American Contractors Indemnity Company in the
Declaration OfKatrina Hall.
\DWHJQU‘IhLHNH
Objection N0. 1
Paragraph 6: “When R.C Wehmeyer Construction Inc. was providing Responses t0 discovery in the
above-named case, the company GSL Data Solutions located at 381 Bush Street, Ste. 200, San Francisco,
CA was hired t0 collect the date from the cell phones 0f Robert C. Wehmeyer, Jeffrey Bordin, Gregorio
Martinez, the R.C. Wehmeyer cell phones 01‘phones one 0f the individuals used. The company, I am
informed, was paid by the law firm representing R.C. Wehmeyer Construction Inc.”
Grounds for Objection N0. 1
Speculation/Lack 0f Personal Knowledge (Evid. Code, § 702, subd. (21))and Lack 0f Foundation (Evid.
Code, § 403, subd (30(4)): Ms. Hall has not demonstrated that she has personal knowledge 0fthese facts.
Objection N0. 2
Paragraph 7: “The company GSL Data Solution LLC, called Rob a number 0f times atboth the Office
and 0n his cell phone t0 inform him that a code number would be sent to him so GSL could access the
accounts. Rob would then call GSL Data t0 give their company that code number so GSL Data could
access the desired records. The company GSL was t0 send us the text messages, Videos, photos, whatever
data it obtained from the cloud.”
WWNNNNNNNNNNHHHJ—tr—L
Grounds for Objection N0. 2
Speculation/Lack 0f Personal Knowledge (Evid. Code, § 702, subd. (a)) and Lack 0f Foundation (Evid.
Code, § 403, subd (a)(4)): Ms. Hall has not demonstrated that She has personal knowledge 0fthese facts.
Hearsay (Evid. Code, § 1200): The statements allegedly mada by “Rob” t0 GSL Data Solutions LLC
are hearsay.
Objection No. 3
Paragraph 8: “In multiple calls GSL Data Solutions’ staff called our office speak with Rob.
t0 I learned
that the various software programs used by GSL could not open the files and that Mr. Terry Finch’s
office paid the bill.”
2
PLAINTIFFS’ OBJECTIONS TO STATEMENTS IN DECLARATION OF KATRINA HALL IN OPPOSITION TO
PLAINTIFF SQUIRES’ MOTION FOR TERMINATING SANCTIONS AGAINST ROBERT C. WEHMEYER, ETC.
Grounds for Objection N0. 3
Speculation/Lack 0f Personal Knowledge (Evid. Code, § 702, subd. (3)) and Lack 0f Foundation (Evid.
Code, § 403, subd (a)(4)): Ms. Hall has not demonstrated that she has personal knowledge ofthese facts.
Hearsay (Evid. Code, § 1200): The contents 0f the calls with “Rob” are hearsay
\OWQQNUI&WNH
Objection N0. 4
Paragraph 11: “When a change is made t0 any project, Rob prepares the cost for the work and notes it
as an individual line item in the bill sent t0 the client.”
Grounds for Objection No. 4
Speculation/Lack 0f Personal Knowledge (Evid. Code, § 702, subd. (21))and Lack 0f Foundation (Evid.
Code, § 403, subd (a)(4)): Ms. Hall has not demonstrated that she has personal knowledge 0fthese facts.
Hearsay (Evid. Code, § 1200): The reference t0 the “bill” is hearsay and n0 foundation has been offered
t0 qualify the “bill” as a business record. (See Evid. Code, § 1271 .)
Dated: September 20, 2019 KELLY LITIGATION GROUP, INC.
By: \\ L/\\_,/’
Michael Mengarelli, Esq.
Attorneys for Plaintiffs and Cross—Defendants,
MATTHEW SQUIRES and NICOLE SQUIRES
CHAUVEL & GLATT
WWNNNNNNNNNNHh—IH
By: IS/
April S. Glatt, Esq.,
Attorneys for Plaintiffs and Cross-Defendants,
MATTHEW SQUIRES and NICOLE SQUIRES
3
PLAINTIFFS’ OBJECTIONS T0 STATEMENTS IN DECLARATION OF KATRINA HALL IN OPPOSITION TO
PLAINTIFF SQUIRES’ MOTION FOR TERMINATTNG SANCTIONS AGAINST ROBERT C. WEHMEYER, ETC.
Preview
Electrunlully brfiuplnur Cour! flfialiflnllflaunfil nFS-m Malia U" 9/20/201 9 m_munmflfiggun— Dam: RICHARD M. KELLY, ESQ. (SBN: 154504) MICHAEL MENGARELLI, ESQ. (SBN: 215000) KELLY LITIGATION GROUP, INC. 3 Lagoon Drive, Suite 225 Redwood City, CA 94065 Telephone: (650) 591-2282 \DmflGNUI-BUJNl—L Facsimile: (650) 591—2292 APRIL S. GLATT, ESQ. (SBN: 185708) CHAUVEL & GLATT, LLP 66 Bovet Road, Suite 280 San Mateo, CA 94402 Telephone: (650) 573-9500 Facsimile: (650) 573—9689 Attorneys for Plaintiffs and Cross-Defendants, MATTHEW SQUIRES and NICOLE SQUIRES IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO (UNLIMITED CIVIL JURISDICTION) MATTHEW SQUIRES, et211., Case N0.: IS-CIV-00846 Plaintiffs, PLAINTIFFS’ OBJECTIONS TO STATEMENTS IN DECLARATION OF vs. KATRINA HALL IN OPPOSITION TO R.C. WEHMEYER CONSTRUCTION, INC, dba PLAINTIFF SQUIRES’ MOTION FOR TERMINATING SANCTIONS AGAINST WEHMEYER CUSTOM HOMES; et HawwqamammwcwmuamL$553 211., ROBERT C. WEHMEYER, ETC. MWNNNNNNNNNNi—LHMI—LHI—t Defendants, Action Filed: February 20, 2018 Trial Date: November 12, 2019 and RELATED CROSS-ACTIONS. Date: September 27, 2019 Time: 9:00 am. Dept: Law and Motion 1 PLAINTIFFS’ OBIECTIONS TO STATEMENTS IN DECLARATION OF KATRINA HALL IN OPPOSITION TO PLAINTIFF SQUIRES’ MOTION FOR TERMINATING SANCTIONS AGAINST ROBERT C. WBHMEYBR, ETC. Plaintiffs Matthew and Nicole Squires submit the following written objections t0 evidence submitted by Defendants and Cross—Complainants Robert C. Wehmeyer Construction, 1:10., dba Wehmeyer Custom Homes, Robert C. Wehmeyer, and American Contractors Indemnity Company in the Declaration OfKatrina Hall. \DWHJQU‘IhLHNH Objection N0. 1 Paragraph 6: “When R.C Wehmeyer Construction Inc. was providing Responses t0 discovery in the above-named case, the company GSL Data Solutions located at 381 Bush Street, Ste. 200, San Francisco, CA was hired t0 collect the date from the cell phones 0f Robert C. Wehmeyer, Jeffrey Bordin, Gregorio Martinez, the R.C. Wehmeyer cell phones 01‘phones one 0f the individuals used. The company, I am informed, was paid by the law firm representing R.C. Wehmeyer Construction Inc.” Grounds for Objection N0. 1 Speculation/Lack 0f Personal Knowledge (Evid. Code, § 702, subd. (21))and Lack 0f Foundation (Evid. Code, § 403, subd (30(4)): Ms. Hall has not demonstrated that she has personal knowledge 0fthese facts. Objection N0. 2 Paragraph 7: “The company GSL Data Solution LLC, called Rob a number 0f times atboth the Office and 0n his cell phone t0 inform him that a code number would be sent to him so GSL could access the accounts. Rob would then call GSL Data t0 give their company that code number so GSL Data could access the desired records. The company GSL was t0 send us the text messages, Videos, photos, whatever data it obtained from the cloud.” WWNNNNNNNNNNHHHJ—tr—L Grounds for Objection N0. 2 Speculation/Lack 0f Personal Knowledge (Evid. Code, § 702, subd. (a)) and Lack 0f Foundation (Evid. Code, § 403, subd (a)(4)): Ms. Hall has not demonstrated that She has personal knowledge 0fthese facts. Hearsay (Evid. Code, § 1200): The statements allegedly mada by “Rob” t0 GSL Data Solutions LLC are hearsay. Objection No. 3 Paragraph 8: “In multiple calls GSL Data Solutions’ staff called our office speak with Rob. t0 I learned that the various software programs used by GSL could not open the files and that Mr. Terry Finch’s office paid the bill.” 2 PLAINTIFFS’ OBJECTIONS TO STATEMENTS IN DECLARATION OF KATRINA HALL IN OPPOSITION TO PLAINTIFF SQUIRES’ MOTION FOR TERMINATING SANCTIONS AGAINST ROBERT C. WEHMEYER, ETC. Grounds for Objection N0. 3 Speculation/Lack 0f Personal Knowledge (Evid. Code, § 702, subd. (3)) and Lack 0f Foundation (Evid. Code, § 403, subd (a)(4)): Ms. Hall has not demonstrated that she has personal knowledge ofthese facts. Hearsay (Evid. Code, § 1200): The contents 0f the calls with “Rob” are hearsay \OWQQNUI&WNH Objection N0. 4 Paragraph 11: “When a change is made t0 any project, Rob prepares the cost for the work and notes it as an individual line item in the bill sent t0 the client.” Grounds for Objection No. 4 Speculation/Lack 0f Personal Knowledge (Evid. Code, § 702, subd. (21))and Lack 0f Foundation (Evid. Code, § 403, subd (a)(4)): Ms. Hall has not demonstrated that she has personal knowledge 0fthese facts. Hearsay (Evid. Code, § 1200): The reference t0 the “bill” is hearsay and n0 foundation has been offered t0 qualify the “bill” as a business record. (See Evid. Code, § 1271 .) Dated: September 20, 2019 KELLY LITIGATION GROUP, INC. By: \\ L/\\_,/’ Michael Mengarelli, Esq. Attorneys for Plaintiffs and Cross—Defendants, MATTHEW SQUIRES and NICOLE SQUIRES CHAUVEL & GLATT WWNNNNNNNNNNHh—IH By: IS/ April S. Glatt, Esq., Attorneys for Plaintiffs and Cross-Defendants, MATTHEW SQUIRES and NICOLE SQUIRES 3 PLAINTIFFS’ OBJECTIONS T0 STATEMENTS IN DECLARATION OF KATRINA HALL IN OPPOSITION TO PLAINTIFF SQUIRES’ MOTION FOR TERMINATTNG SANCTIONS AGAINST ROBERT C. WEHMEYER, ETC.