On November 19, 2018 a
Party Discovery
was filed
involving a dispute between
Boostcare,
Bootup Ventures, Llc,
Dial2Buy.Com, Llc,
Gaur, Tarun,
Jinigram, Llc,
Kumar, Ravi,
Tringapps Inc,
and
Dial2Buy.Com, Llc,
Does 1-20,
Gaur, Tarun,
Jinigram, Llc,
Kumar, Ravi,
Tringapps Inc,
for (06) Unlimited Breach of Contract/Warranty
in the District Court of San Mateo County.
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1 DAVID P. NEMECEK, JR. (State Bar No. 194402)
david@fortress-law.com
2 THE FORTRESS LAW FIRM, INC. 8/4/2020
50 California Street, Suite 1500
3 San Francisco, CA 94111
Telephone: (415) 277-5400
4 Facsimile: (415) 723-7370
Attorneys for Plaintiffs and Cross-Defendants
5 BOOTUP VENTURES, LLC and BOOSTCARE dba
BOOTUP WORLD and Cross-Defendants MARCO
6 TEN VAANHOLT and MUKUL AGARWAL
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
COUNTY OF SAN MATEO
9
UNLIMITED JURISDICTION
10
11
BOOTUP VENTURES, LLC and Case No. 18CIV06232
12 BOOSTCARE dba BOOTUP WORLD,
NOTICE OF MOTION AND MOTION BY
13 Plaintiffs, PLAINTIFF AND CROSS-DEFENDANT
BOOTUP VENTURES, LLC TO COMPEL
14 v. FURTHER RESPONSES BY DEFENDANTS
TRINGAPPS, INC. AND RAVI KUMAR AKA
15 TARUN GAUR, TRINGAPPS INC., SHAWN KUMAR TO FIRST SET OF
JINIGRAM, LLC, DIAL2BUY.COM, LLC, REQUESTS FOR PRODUCTION, FIRST SET
16 RAVI KUMAR aka SHAWN KUMAR and OF SPECIAL INTERROGATORIES, FIRST
DOES 1-20, SET OF FORM INTERROGATORIES AND
17 FIRST SET OF REQUESTS FOR ADMISSION
Defendants. AND FOR MONETARY SANCTIONS
18
Date: October 2, 2020
19 Time: 1:30 p.m.
Dept.: Law and Motion
20
Action Filed: November 19, 2018
21 Trial Date: December 14, 2020
22 AND RELATED CROSS-COMPLAINT
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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE that at 1:30 p.m. on October 2, 2020, or as soon thereafter as
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counsel may be heard in the Law and Motion Department of the above-referenced court, located
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at 400 County Center Drive in Redwood City, California 94063, Plaintiff and Cross-Defendant
28 NOTICE OF MOTION AND MOTION BY BOOTUP VENTURES, LLC TO COMPEL FURTHER RESPONSES BY
DEFENDANTS TRINGAPPS, INC. AND RAVI KUMAR TO FIRST SETS OF REQUESTS FOR PRODUCTION,
SPECIAL INTERROGATORIES, FORM INTERROGATORIES, REQUESTS FOR ADMISSION AND FOR
MONETARY SANCTIONS
1
BootUp Ventures, LLC (“BootUp Ventures”) will move, and hereby does move the Court for an
2
order compelling Defendants Tringapps, Inc. and Ravi Kumar aka Shawn Kumar (collectively
3
“Defendants”) to provide further responses to the First Set of Special Interrogatories, First Set of
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Form Interrogatories and First Set of Requests for Admission that BootUp Ventures propounded
5
upon them on April 29, 2020. BootUp Ventures will also move the Court for an order compelling
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Defendants to provide further responses to its First Set of Requests for Production (the
7
“Document Requests”) and produce a privilege log or otherwise identify with particularity all
8
documents withheld on grounds of privilege in compliance with Code of Civil Procedure section
9
2031.240(b)(1).
10
This motion is made pursuant to Code of Civil Procedure section 2030.300, subdivisions
11
(a) and (c) on the grounds that Defendants’ responses to the interrogatories that are the subject of
12
this motion are incomplete and evasive and the objections Defendants asserted to those
13
interrogatories are without merit and too general.
14
This motion is further made pursuant to Code of Civil Procedure section 2031.310,
15
subdivisions (a) and (c) on the grounds that Defendants failed to conduct a diligent search and a
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reasonable inquiry for documents that are responsive to the Document Requests and have not
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produced any documents in their possession, custody and control that are responsive to those
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Document Requests. In addition, Defendants’ objections to the Document Requests are without
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merit and too general.
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This motion is further made pursuant to Code of Civil Procedure section 2033.290(a)(1)-
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(2) on the grounds that Defendants’ responses to the Requests for Admission served by BootUp
22
Ventures are incomplete and evasive and their objections to those requests are without merit and
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too general.
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BootUp Ventures also moves this Court for an award of monetary sanctions against
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Defendants and their counsel in the amount of $14,554.55 pursuant to Code of Civil Procedure
26
sections 2023.010, subdivisions (d), (e) and (f), 2023.030(a), 2030.300(d), 2031.310(h) and
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2
28 NOTICE OF MOTION AND MOTION BY BOOTUP VENTURES, LLC TO COMPEL FURTHER RESPONSES BY
DEFENDANTS TRINGAPPS, INC. AND RAVI KUMAR TO FIRST SETS OF REQUESTS FOR PRODUCTION,
SPECIAL INTERROGATORIES, FORM INTERROGATORIES AND REQUESTS FOR ADMISSION AND FOR
MONETARY SANCTIONS
1
2033.290(d) on the grounds that the service of incomplete and evasive responses to the discovery
2
requests in question, the failure to search for and produce documents responsive to Plaintiff’s
3
Requests for Production, the assertion of boilerplate objections to all of the discovery requests
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and the refusal to respond to any of the discovery requests that are the subject of this motion
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constitute misuses of the discovery process for which Defendants cannot demonstrate substantial
6
justification.
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This motion will be based upon this Notice of Motion and Motion, the Memorandum of
8
Points and Authorities in support thereof, the declaration of David P. Nemecek, Jr. and the
9
exhibits attached thereto, the Separate Statements of Discovery in Dispute filed concurrently
10
herewith, the files and records of this case and such other further oral and documentary evidence
11
as may be presented to the Court prior to or at the hearing.
12
13 Dated: August 4, 2020 THE FORTRESS LAW FIRM, INC.
14
15
16 By:
17 DAVID P. NEMECEK, JR.
Attorneys for Plaintiffs and Cross-Defendants BOOTUP
18 VENTURES, LLC and BOOSTCARE dba BOOTUP
WORLD and Cross-Defendants MARCO TEN
19 VAANHOLT and MUKUL AGARWAL
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28 NOTICE OF MOTION AND MOTION BY BOOTUP VENTURES, LLC TO COMPEL FURTHER RESPONSES BY
DEFENDANTS TRINGAPPS, INC. AND RAVI KUMAR TO FIRST SETS OF REQUESTS FOR PRODUCTION,
SPECIAL INTERROGATORIES, FORM INTERROGATORIES AND REQUESTS FOR ADMISSION AND FOR
MONETARY SANCTIONS
Preview
1 DAVID P. NEMECEK, JR. (State Bar No. 194402) david@fortress-law.com 2 THE FORTRESS LAW FIRM, INC. 8/4/2020 50 California Street, Suite 1500 3 San Francisco, CA 94111 Telephone: (415) 277-5400 4 Facsimile: (415) 723-7370 Attorneys for Plaintiffs and Cross-Defendants 5 BOOTUP VENTURES, LLC and BOOSTCARE dba BOOTUP WORLD and Cross-Defendants MARCO 6 TEN VAANHOLT and MUKUL AGARWAL 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF SAN MATEO 9 UNLIMITED JURISDICTION 10 11 BOOTUP VENTURES, LLC and Case No. 18CIV06232 12 BOOSTCARE dba BOOTUP WORLD, NOTICE OF MOTION AND MOTION BY 13 Plaintiffs, PLAINTIFF AND CROSS-DEFENDANT BOOTUP VENTURES, LLC TO COMPEL 14 v. FURTHER RESPONSES BY DEFENDANTS TRINGAPPS, INC. AND RAVI KUMAR AKA 15 TARUN GAUR, TRINGAPPS INC., SHAWN KUMAR TO FIRST SET OF JINIGRAM, LLC, DIAL2BUY.COM, LLC, REQUESTS FOR PRODUCTION, FIRST SET 16 RAVI KUMAR aka SHAWN KUMAR and OF SPECIAL INTERROGATORIES, FIRST DOES 1-20, SET OF FORM INTERROGATORIES AND 17 FIRST SET OF REQUESTS FOR ADMISSION Defendants. AND FOR MONETARY SANCTIONS 18 Date: October 2, 2020 19 Time: 1:30 p.m. Dept.: Law and Motion 20 Action Filed: November 19, 2018 21 Trial Date: December 14, 2020 22 AND RELATED CROSS-COMPLAINT 23 24 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 25 PLEASE TAKE NOTICE that at 1:30 p.m. on October 2, 2020, or as soon thereafter as 26 counsel may be heard in the Law and Motion Department of the above-referenced court, located 27 at 400 County Center Drive in Redwood City, California 94063, Plaintiff and Cross-Defendant 28 NOTICE OF MOTION AND MOTION BY BOOTUP VENTURES, LLC TO COMPEL FURTHER RESPONSES BY DEFENDANTS TRINGAPPS, INC. AND RAVI KUMAR TO FIRST SETS OF REQUESTS FOR PRODUCTION, SPECIAL INTERROGATORIES, FORM INTERROGATORIES, REQUESTS FOR ADMISSION AND FOR MONETARY SANCTIONS 1 BootUp Ventures, LLC (“BootUp Ventures”) will move, and hereby does move the Court for an 2 order compelling Defendants Tringapps, Inc. and Ravi Kumar aka Shawn Kumar (collectively 3 “Defendants”) to provide further responses to the First Set of Special Interrogatories, First Set of 4 Form Interrogatories and First Set of Requests for Admission that BootUp Ventures propounded 5 upon them on April 29, 2020. BootUp Ventures will also move the Court for an order compelling 6 Defendants to provide further responses to its First Set of Requests for Production (the 7 “Document Requests”) and produce a privilege log or otherwise identify with particularity all 8 documents withheld on grounds of privilege in compliance with Code of Civil Procedure section 9 2031.240(b)(1). 10 This motion is made pursuant to Code of Civil Procedure section 2030.300, subdivisions 11 (a) and (c) on the grounds that Defendants’ responses to the interrogatories that are the subject of 12 this motion are incomplete and evasive and the objections Defendants asserted to those 13 interrogatories are without merit and too general. 14 This motion is further made pursuant to Code of Civil Procedure section 2031.310, 15 subdivisions (a) and (c) on the grounds that Defendants failed to conduct a diligent search and a 16 reasonable inquiry for documents that are responsive to the Document Requests and have not 17 produced any documents in their possession, custody and control that are responsive to those 18 Document Requests. In addition, Defendants’ objections to the Document Requests are without 19 merit and too general. 20 This motion is further made pursuant to Code of Civil Procedure section 2033.290(a)(1)- 21 (2) on the grounds that Defendants’ responses to the Requests for Admission served by BootUp 22 Ventures are incomplete and evasive and their objections to those requests are without merit and 23 too general. 24 BootUp Ventures also moves this Court for an award of monetary sanctions against 25 Defendants and their counsel in the amount of $14,554.55 pursuant to Code of Civil Procedure 26 sections 2023.010, subdivisions (d), (e) and (f), 2023.030(a), 2030.300(d), 2031.310(h) and 27 2 28 NOTICE OF MOTION AND MOTION BY BOOTUP VENTURES, LLC TO COMPEL FURTHER RESPONSES BY DEFENDANTS TRINGAPPS, INC. AND RAVI KUMAR TO FIRST SETS OF REQUESTS FOR PRODUCTION, SPECIAL INTERROGATORIES, FORM INTERROGATORIES AND REQUESTS FOR ADMISSION AND FOR MONETARY SANCTIONS 1 2033.290(d) on the grounds that the service of incomplete and evasive responses to the discovery 2 requests in question, the failure to search for and produce documents responsive to Plaintiff’s 3 Requests for Production, the assertion of boilerplate objections to all of the discovery requests 4 and the refusal to respond to any of the discovery requests that are the subject of this motion 5 constitute misuses of the discovery process for which Defendants cannot demonstrate substantial 6 justification. 7 This motion will be based upon this Notice of Motion and Motion, the Memorandum of 8 Points and Authorities in support thereof, the declaration of David P. Nemecek, Jr. and the 9 exhibits attached thereto, the Separate Statements of Discovery in Dispute filed concurrently 10 herewith, the files and records of this case and such other further oral and documentary evidence 11 as may be presented to the Court prior to or at the hearing. 12 13 Dated: August 4, 2020 THE FORTRESS LAW FIRM, INC. 14 15 16 By: 17 DAVID P. NEMECEK, JR. Attorneys for Plaintiffs and Cross-Defendants BOOTUP 18 VENTURES, LLC and BOOSTCARE dba BOOTUP WORLD and Cross-Defendants MARCO TEN 19 VAANHOLT and MUKUL AGARWAL 20 21 22 23 24 25 26 27 3 28 NOTICE OF MOTION AND MOTION BY BOOTUP VENTURES, LLC TO COMPEL FURTHER RESPONSES BY DEFENDANTS TRINGAPPS, INC. AND RAVI KUMAR TO FIRST SETS OF REQUESTS FOR PRODUCTION, SPECIAL INTERROGATORIES, FORM INTERROGATORIES AND REQUESTS FOR ADMISSION AND FOR MONETARY SANCTIONS