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DAVID J. . MICLEAN (SBN 115098)
dmiclean@micleangleason.com
DANIELLE M. MIHALKANIN (SBN 271442)
dmihalkanin@micleangleason.com
MICLEAN, GLEASON LLP
411 Borel Avenue, Suite 310 SAN MATE
[LED
Oy,
San Mateo, CA 94402
Telephone: (650) 684-1181 NOV 14 agg
Facsimile: (650) 684-1182 Superior Court
4h
Attorneys for Defendant and Cross-Complainant
Solomon Sha
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN MATEO
)
il
SWEET PRODUCTION, INC., a California “Case No. 18-CIV-03110
12
Corporation,
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Plaintiff, DECLARATION OF DANIELLE M.
14 MIHALKANIN IN SUPPORT OF
DEFENDANT SOLOMON SHA’S EX PARTE
Vv.
15 MOTION FOR TERMINATING SANCTIONS
AND MONETARY SANCTIONS AGAINST
SOLOMON SHA, an individual; and DOES 1 to PLAINTIFF SWEET PRODUCTION, INC.
16
10, inclusive,
17 Date: November 14, 2019
Defendants.
18 Time: 2:00 p.m.
Department: Law & Motion
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20 SOLOMON SHA, 18 clv-oat19
zreiaration in Support |
on
21 Cross-Complainant,
22 Vv.
23
SWEET PRODUCTION, INC., a California
24 corporation; SWEET EXPRESS; MING CHIN;
DOREEN CHIN; and ROES 1 through 10,
25 inclusive, .
26 Cross-Defendants:
27
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DECLARATION OF MIHALKANIN BO MOTION FOR SANCTIONS CASE No. 18-CIV-03110
I, Danielle M. Mihalkanin, declare as follows:
1 I am an attorney at the law firm of Miclean Gleason LLP located at 411 Borel Avenue,
Suite 310, San Mateo, California 94402. I submit this Declaration in support of Defendant Solomon
Sha’s (“Sha”) Motion for Terminating Sanctions and Monetary Sanctions Against Plaintiff Sweet
Production, Inc.
2 Iam a member in good standing of the State Bar of California.
3 I make this declaration based upon facts within my own personal knowledge, except as to
those matters stated upon information and belief, and as to those matters I believe them to be true. If
called upon to testify to the matters stated herein, I could testify competently and truthfully.
10 4 Pursuant to California Rules of Court 3.1203, 3.1204, and Local Civil Rule 3.19, I
11 notified SPI’s counsel of this Ex Parte Motion. Attached hereto as Exhibit A is a true and correct copy
12 of my email correspondence with SPI’s counsel pursuant to California Rules of Court 3.1203, 3.1204,
13 and Local Civil Rule 3.19.
14 5 As of the time of this filing, counsel for SPI has not responded to my November 13, 2019
15 email serving as notice of this motion.
16 6 Attached hereto as Exhibit B is a true and correct copy of the Declaration of Danielle M.
7 Mihalkanin in Support of Solomon Sha’s Motion Ex Parte Motion to Compel, filed November 1, 2019,
18 and the exhibits thereto.
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19 My billing rate on this matter is $425 per hour. I spent approximately 10 hours to prepare
20 this motion and the declaration, and to gather the exhibits attached to my declaration. I estimate it will
21 take an additional 2-3 hours to prepare for and attend a hearing. SPI should be sanctioned for the total
22 cost of this motion, which is estimated at $5,000.
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DECLARATION OF MIHALKANIN ISO MOTION FOR SANCTIONS CASE NO. 18-CIV-03110
I declare under the penalty of perjury of the laws of the United States of America and the State of
California that the foregoing is true and correct, and that this declaration was executed this 14th day of
November, 2019, in San Mateo, California.
By: Daw. Mh. Fhuhek
Danielle M. Mihalkanin
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DECLARATION OF MIHALKANIN ISO MOTION FOR SANCTIONS CASE No. 18-CIV-03110
EXHIBIT A
Douglas Collins ‘
,
From: Danielle Mihalkanin
Sent: Wednesday, November 13, 2019 9:12 AM
To: Andrew M. Agtagma, Esq.
Cec: David Miclean; Douglas Collins
Subject: Sweet Production, Inc. v. Solomon Sha (Case No. 18-ClV-03110) - Notice of Ex Parte
Application
Mr. Agtagma,
This email serves as notice under CRC 3.1204 counsel will appear on behalf of Defendant Solomon Sha on Thursday,
November 14, 2019 at 2pm before the Law & Motion Department located at 400 County Center, Redwood City,
California 94063 to submit an Ex Parte Application for terminating sanctions and monetary sanctions against Plaintiff
Sweet Productions, Inc. (“SPI”), or alternatively to shorten time to have this motion heard on December 17, 2019 at
9am.
,
Please let me know by 5pm today whether you will appear to oppose the application.
Danielle M. Mihalkanin
Senior Counsel
J
MICLEANGLEASONS
411 Borel Ave., Suite 310
San Mateo, CA 94402
650 684 1181 (main)
650 684 1182 (fax)
www.micleangleason.com
dmihalkanin@micleangleason.com
EXHIBIT B
DAVID J. MICLEAN (SBN 115098)
dmiclean@micleangleason.com
DANIELLE M. MIHALKANIN (SBN 271442)
dmihalkanin@micleangleason.com
MICLEAN GLEASON LLP
ENDORSED FILED
SAN MATEO COU!
411 Borel Avenue, Suite 310
San Mateo, CA 94402 NOV ~ & 2019
Telephone: (650) 684-1181
Facsimile: (650) 684-1182 Slark 4 the Superior Gourk
DEPUTY GLERIC
Attomeys for Defendant and Cross-Complainant
Solomon Sha
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN MATEO
il
SWEET PRODUCTION, INC., a California Case No. 18-CIV-03110
12
Corporation,
13
Plaintiff, DECLARATION OF DANIELLE M.
14 MIHALKANIN IN SUPPORT OF
DEFENDANT SOLOMON SHA’S EX PARTE
15
v. MOTION TO COMPEL DISCOVERY
RESPONSES FROM PLAINTIFF SWEET
SOLOMON SHA, an individual; and DOES 1 to PRODUCTION, INC., DEE]
16 OBJECTIONS WAIVED, AND MONETARY
10, inclusive,
SANCTIONS
17
Defendants.
18 Date: November 1, 2019
Time: 2:00 p.m.
19
Department: Law & Motion
20 SOLOMON SHA,
21 Cross-Complainant,
22 Vv.
23
SWEET PRODUCTION, INC., a California
24 corporation; SWEET EXPRESS; MING CHIN;
DOREEN CHIN; and ROES 1 through 10,
25 inclusive,
26 Cross-Defendants.
27
28
TECT AR ATION OF MIHAT KANIN TSO MOTION TO COMPEL CASENO. 18-CIV-03110
’
I, Danielle M. Mihalkanin, declare as follows:
1 I am an attorney at the law firm of Miclean Gleason LLP located at 411 Borel Avenue,
Suite 310, San Mateo, California 94402. I submit this Declaration in support of Defendant Solomon
Sha’s (“Sha”) Motion to Compel Discovery Responses from Plaintiff Sweet Production, Inc. (“SPI”),
Deeming Objections Waived, and Monetary Sanctions.
2. I am a member in good standing of the State Bar of California.
3 I make this declaration based upon facts within my own personal knowledge, except as to
those matters stated upon information and belief, and as to those matters | believe them tobe true. If
called upon to testify to the matters stated herein, I could testify competently and truthfully.
10 4. Subsequent to the court’s September 13, 2019 order reopening discovery, | made efforts
11 to ensure that SPI responded to Sha’s outstanding discovery. Despite agreeing to provide substantive
12 responses and documents by October 11, 2019, although not agreeing to provide a courtesy electronic
13 copy, SPI never provided any responses to any outstanding discovery.
14 5 Attached hereto as Exhibit A is a true and correct copy of my email correspondence with
15 SPI’s counsel prior to October 11, 2019.
16 6 Pursuant to California Rules of Court 3.1203, 3.1204, and Local Civil Rule 3.19, I
17 notified SPI’s counsel of this Ex Parte Motion, and counsel responded that he would not appear to
18 oppose this motion.
19 7. Attached hereto as Exhibit B is a true and correct copy of my email correspondence with
20 SPI’s counsel pursuant to California Rules of Court 3.1203, 3.1204, and Local Civil Rule 3.19.
21 8 Attached hereto as Exhibit C is a true and correct copy of Sha’s First Set of Requests for
22 Document Production, Special Interrogatories, Form Interrogatories, and Request for Inspection
23 Demand, and Proof of Service of same, all dated July 27, 2018.
24 9 Attached hereto as Exhibit D is a true and correct copy of the discovery letter to SPI
25 dated September 11, 2019, including Sha’s Second Set of Requests for Production and the Proof of
26 Service of same, dated September 11, 2019.
27 10. Attached hereto as Exhibit E is a true and correct copy of the June 5, 2019 stipulation of
28 the parties to continue trial and that SPI would produce documents.
1
TREAT AD ATION AE Mir aT © ANIA TRO) MOTION TO COMPRI CASE NO. 18-CIV-03110
11. My billing rate on this matter is $425 per hour. I spent approximately 9 hours to prepare
this motion and the declaration, and to gather the exhibits attached to my declaration. J estimate it will
take an additional approximately 2-3 hours to prepare for and attend a hearing. SPI should be
sanctioned for the total cost of this motion, which is estimated at $5,000.
I declare under the penalty of perjury of the laws of the United States of America and the State of
California’that the foregoing is true and correct, and that this declaration was executed this Ist day of
November, 2019, in San Mateo, California.
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By: Conall, Th. Ia
11 Danielle M. Mihalkanin
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Finan in ART AP Ravage ARTA TOO MATIAN TA PANDEY CAcEND 1R-CTV-03110
EXHIBIT A
Douglas Collins . ee
From: Andrew M. Agtagma, Esq.
Sent: Thursday, October 03, 2019 1:11 PM
To: Danielle Mihalkanin
Ce: David Miclean; Douglas Collins
Subject: RE: Sha adv. Sweet Production - Discovery
Ms. Mihalkanin,
| have no obligation under the Code of Civil Procedure to provide responses electronically. understand that you are
requesting a courtesy copy, and | am noting that request. But | am not committing fo Providing one.
Regards,
Andrew M. Agtagma, Esq.
ama@lawcenter-esq.com
NOTICE OF CONFIDENTIALITY: This e-mail is covered by the Electronic Communications Privacy Act of 1986, 18 U.S.C, §§ 2510-
2522. The information contained in this message and any attachments thereto is confidential, and may also be protected by the
attorney work product doctrine and attorney-client privilege. It is intended solely for the use of the addressee(s). If you are not the
intended recipient of this e-mail, you are prohibited from reading, disclosing, distributing, copying, or otherwise using its contents. If
you have received this e-mail in error, please notify the sender by email, telephone or facsimile transmission, and permanently
delete the original and any copy of this message.
2
From: Danielle Mihalkanin [mailto:DMihalkanin@micleangleason.com]
Sent: Thursday, October 03, 2019 12:42 PM
To: Andrew M. Agtagma, Esq.
Cc: David Miclean; Douglas Collins
Subject: RE: Sha adv. Sweet Production - Discovery
Ok. Please then confirm that we will receive an electronic courtesy copy of the responses and document production on
October 11, 2019.
Danielle M. Mihalkanin
Senior Counsel
PAICLEA Sh ke Ey
SONS
411 Borel Ave., Suite 310
San Mateo, CA 94402
650 684 1181 (main)
650 684 1182 (fax)
www.micleangleason.com
dmihalkanin@micleangleason.com
cnt cnet en eine een
Frot Andrew M. Agtagma, Esq.
Sent: Thursday, October 3, 2019 11:10 AM
To: Danielle Mihalkanin
1
te
Ce: David Miclean ; Douglas Collins
Subject: RE: Sha adv. Sweet Production - Discovery
Please see your original e-mail to me. You're asking me the same question. My answer remains the same.
Andrew M. Agtagma, Esq.
ama@lawcenter-esg.com:
NOTICE OF CONFIDENTIALITY: This e-mail is covered by the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510-
2522. The information contained in this message and any attachments thereto is confidential, and may also be protected by the
attorney work product doctrine and attorney-client privilege. It is intended solely for the use of the addressee(s). If you are not the
intended recipient of this e-mail, you are prohibited from reading, disclosing, distributing, copying, or otherwise using its contents. If
you have received this e-mail in error, please notify the sender by email, telephone or facsimile transmission, and permanently
delete the original and any copy of this message.
From: Danielle Mihalkanin [mailto:DMihalkanin@micleangleason.com’
Sent: Thursday, October 03, 2019 10:29 AM
To: Andrew M. Agtagma, Esq.
Cc; David Miclean; Douglas Collins
Subject: RE: Sha adv. Sweet Production - Discovery
:
My request is more particular - | want to make sure that SP!’s responses are full and complete, with no objections, as
well as the document production for both the first and second sets of discovery requests are actually completed on that
day, October 11. So, to that end, please confirm that SPI’s responses/production will be completed that day, October
11, 2019. Thanks.
aeee ee woes
Fro Andrew M. Agtagma, Esq.
Sent: Thursday, October 3, 2019 10:09 AM
To: Danielle Mihalkanin
Cc: David Miclean ; Douglas Collins
Subject: RE: Sha adv. Sweet Production - Discovery
Ms. Mihalkanin,
You asked me the same question on September 19, and | responded affirmatively. 1s there something new that you're
asking me? If not, my answer is still the same.
Regards,
Andrew M. Agtagma, Esq.
am weenter-esq.com
NOTICE OF CONFIDENTIALITY: This e-mail is covered by the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510-
2522. The information contained In this message and any attachments thereto ts confidential, and may also be protected by the
attorney work product doctrine and attorney-client privilege. It is intended solely for the use of the addressee(s). If you are not the
intended recipient of this e-mail, you are prohi .d from reading, disclosing, distributing, copying, or otherwise using its contents. If
you have received this e-mail in error, please ify the sender by email, telephone or facsimile transmission, and permanently
delete the original and any copy of this message.
From: Danielle Mihalkanin [mailto:DMihalkanin@micleangleason.com:
Sent: Thursday, October 03, 2019 9:57 AM
To: Andrew M. Agtagma, Esq.
Cc: David Miclean; Douglas Collins
Subject: RE: Sha adv. Sweet Production ~ Discovery
Mr. Agtagma,
Please confirm that the responses and document production to both the original discovery requests as well as the
second set of requests will be completed October 11.
Thanks,
Danielle
Danielle M. Mihalkanin
Senior Counsel
PAICLEANGSL EASONS
411 Borel Ave., Suite 310
San Mateo, CA 94402
650 684 1181 (main)
650 684 1182 (fax)
www.micleangleason.com
dmihalkanin@micleangleason.com
.
Fror ndrew M. ‘Agtagma, Esq.
Sent: Thursday, September 19, 2019 5:22 PM
To: Danielle Mihalkanin
Cc: David Miclean ; Douglas Collins
Subject: RE: Sha adv. Sweet Production - Discovery
Hi Ms. Mihalkanin,
I'm working with my clients to provide substantive responses and documents.
Regards,
Andrew M. Agtagma, Esq.
ima@lawcenter-esq.com
NOTICE OF CONFIDENTIALITY: This e-mail is covered by the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510-
2522. The information contained in this message and any attachments thereto is confidential, and may also be protected by the
attorney work product doctrine and attorney-client privilege. It is intended solely for the use of the addressee(s). If you are not the
intended recipient of this e-mail, you are prohibited from reading, disclosing, distributing, copying, or otherwise using its contents. If
you have received this e-mail in error, please notify the sender by email, telephone or facsimile transmission, and permanently
delete the original and any copy of this message.
From: Danielle Mihalkanin [mailto:DMil Ikanin@micleat leason.
Sent: Thursday, September 19, 2019 5:04 PM
To: Andrew M. Agtagma, Esq.
Cc: David Miclean; Douglas Collins
Subject: RE: Sha adv. Sweet Production - Discovery
Mr. Agtagma,
Please confirm that your clients will serve substantive responses and produce actual documents by-October 11,
2019. We do not want to wait until that time and still have to bring a motion to compel.
Thanks,
Danielle
Danielle M. Mihalkanin
Senior Counsel
RAICLEANSi LEASONS
411 Borel Ave., Suite 310
San Mateo, CA 94402
650 684 1181 (main)
650 684 1182 (fax)
www. micleangleason.com
dmihalkanin@micleangleason.com
’
_
From: Andrew M. | Agtagma, sa, <
Sent: Thursday, September 19, 2019 3:33 PM
To: Danielle Mihalkanin
Cc: David Miclean ; Douglas Collins < dcollins@micleangleason, com>
Subject: RE: Sha adv. Sweet Production - Discovery
Hi Ms. Mihalkanin,
My clients intend to provide responses to Defendant's written discovery requests. Mr. Miclean's letter requests that the
responses be provided by October 11, 2019. That is the deadline I'm working of off.
Regards,
AndrewM. Agtagma, Esq.
(@lawcenter-esq.com
NOTICE OF CONFIDENTIALITY: This e-mail is covered by the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510-
2522. The information contained in this message and any attachments thereto is confidential, and may also be protected by the
attorney work product doctrine and attorney-client privilege. It is intended solely for the use of the addressee(s). If you are not the
intended recipient of this e-mail, you are prohibited from reading, disclosing, distributing, copying, or otherwise using its contents. If
you have received this e-mail in error, please notify the sender by email, telephone or facsimile transmission, and permanently
delete the original and any copy of this message.
5
From: Danielle Mihalkanin [mailto:DMihalkanin@micleangleason.cor
Sent: Thursday, September 19, 2019 3:05 PM
To: Andrew M. Agtagma, Esq.
Cc: David Miclean; Douglas Collins
Subject: Sha adv, Sweet Production - Discovery
Dear Mr. Agtagma:
We write to follow-up our letter of September 11, 2019 regarding the outstanding discovery for which we've requested
a response following the court’s August 28, 2019 order re-opening discovery. Due to the court’s availability for a hearing
4
on a motion to compel being limited, we need to know by 5:00 pm Friday, September 20, 2019 whether SPI intends to
provide responses and a date certain by which SPI will serve those responses and produce documents. If we do not get
any response from you, we will assume that SPI has no intention of complying with its discovery obligations and we will
file a motion to compel. .
Danielle
Danielle M. Mihalkanin
Senior Counsel
MICLEANSLEASONS
411 Borel Ave., Suite 310
San Mateo, CA 94402
650 684 1181 (main)
650 684 1182 (fax)
www.micleangleason.com
mihalkanin@micleangleason.com
EXHIBIT B
Dougl: Collins ——— a
From: Andrew M. Agtagma, Esq.
Sent: Thursday, October 31, 2019 3:54 PM
To: Danielle Mihalkanin
Subject: RE: Sweet Production, Inc. v. Solomon Sha (Case No. 18-CIV-03110) - Notice of Ex Parte
Application
Ms. Mihalkanin,
| will not oppose your ex parte application.
Regards,
Andrew M. Agtagma, Esq.
ama@lawcenter-esa.com
NOTICE OF CONFIDENTIALITY: This e-mail is covered by the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510-
2522. The information contained in this message and any attachments thereto is confidential, and may also be protected by the
attorney work product doctrine and attorney-client privilege. It is intended solely for the use of the addressee(s). If you are not the
Intended recipient of this e-mail, you are prohibited from reading, disclosing, distributing, copying, or otherwise using its contents. If
you have received this e-mail in error, please notify the sender ‘by email, telephone or facsimile transmission, and permanently
delete the original and any copy of this message. -
From: Danielle Mihalkanin [mailto:DMihalkanin@micleangleason.com)
Sent: Thursday, October 31, 2019 9:57 AM
To: Andrew M. Agtagma, Esq.
Cc: David Miclean; Douglas Collins
Subject: Sweet Production, Inc. v. Solomon Sha (Case No. 18-CIV-03110) - Notice of Ex Parte Application
Mr. Agtagma,
This email serves as notice under CRC 3.1204 counsel will appear on behalf of Defendant Solomon Sha on Friday,
November 1, 2019 at 2pm before the Law & Motion Department located at 400 County Center, Redwood City, California
94063 to submit an Ex Parte Application for terminating sanctions or in the alternative an order compelling Plaintiff
Sweet Productions, Inc. (“SPI”) to respond to all outstanding discovery, as to date, SP! has never provided any responses.
Please let me know by 5pm today whether you will appear to oppose the application.
\
Thanks,
Danielle
Danielle M. Mihalkanin
Senior Counsel
WICLEANSLEASONS
411 Borel Ave., Suite 310
San Mateo, CA 94402
650 684 1181 (main)
650 684 1182 (fax)
www.micleangleason.com
dmihalkanin@micleangleason.com
EXHIBIT C
DAVID J. MICLEAN (SBN 115098)
dmiclean@micleangleason.com
CARMEN M. AVILES (SBN 251993)
caviles@micleangleason.com
MICLEAN GLEASON LLP
411 Borel Avenue, Suite 310
San Mateo, CA 94402
Telephone: (650) 684-1181
Facsimile: (650) 684-1182
Attorneys for Defendant and Cross-Complainant
Solomon Sha
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SAN MATEO
i
12
SWEET PRODUCTION, INC., a California Case No. 18-CIV-03110
13 Corporation,
14 SOLOMON SHA’S REQUESTS FOR
Plaintiff, PRODUCTION OF DOCUMENTS TO
15 SWEET PRODUCTION, INC. (SET ONE)
Vv.
16
SOLOMON SHA, an individual; and DOES 1 Complaint Filed: June 18, 2018
17 to 10, inclusive, Trial Date:
18
Defendants.
19
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SOLOMON SHA,
21
Cross-Complainant,
22
v.
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SWEET PRODUCTION, INC., a California
24 corporation; SWEET EXPRESS; MING CHIN;
DOREEN CHIN; and DOES 1 through 10,
25 inclusive,
26 Cross-Defendants
27
28
REQUESTS FOR PRODUCTION CASE No. 18-CIV-03110
PROPOUNDING PARTIES: SOLOMON SHA
RESPONDING PARTY: SWEET PRODUCTION, INC.
SET NUMBER: ONE
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
‘5 Defendant and Cross-Complainant Solomon Sha (“Defendant,” “Mr. Sha,” or
“Propounding Party”) hereby requests pursuant to California Code of Civil Procedure section
2031.260, et seq., that Plaintiff and Cross-Defendant Sweet Production, Inc. (“Plaintiff,” “Sweet
Production,” or “Responding Party”) respond to the following Requests for Production of
Documents in writing and under oath, and serve a copy on Mr. Sha and his attorneys at Miclean
10 Gleason LLP, 411 Borel Avenue, Suite 310, San Mateo, CA 94402 within thirty days from the
ll date these requests were served.
12 DEFINITIONS
13 1 “REFER TO,” “REFERRING TO,” “REGARDING,” and “RELATING TO,”
14 shall mean consisting of, pertaining to, mentioning, commenting on, connected with, discussing,
15 describing, identifying, analyzing, explaining, showing, reflecting, dealing with, comprising,
16 containing, resulting from, or regarding a particular subject in whole or in part, either directly or
17 indirectly. “
18 2. “CONCERNING?” shall mean analyzing, addressing, consisting of, constituting,
19 regarding, referring to, pertaining to, refuting, discussing, describing, evidencing, memorializing,
20 reflecting, commenting on, or otherwise having any logical or factual connection to the subject
21 matter of the request.
22 3 “COMMUNICATION” shall mean the transmission of information by any
23 means, including but not limited by text messages, phone, email, and in written correspondence.
24 4. “DOCUMENTS” or “WRITING” are defined as in Evidence Code Section 250
25 and these words refer to all such materials, however produced or reproduced, in your actual or
26 constructive possession, custody, care or control; and includes, but is not limited to, originals,
27 copies, nonidentical copies, and preliminary, intermediate, and final drafts of all WRITINGS.
‘
28 Evidence Code Section 250 provides: “[w]riting means handwriting, typewriting, printing,
1
REQUESTS FOR PRODUCTION CASE NO, 18-CTV-03110.
photostating, photographing, and every other means of recording upon any tangible thing, any
form of communication or representation, including letters, words, pictures, sounds, or symbols,
or combinations thereof.” A reference herein to any one or more of these types of WRITINGS
shall be construed to include all other types of WRITINGS without limitation, including but not
limited to, text messages, emails, Facebook postings and messages, Twitter postings, video,
instant messages, records and memoranda to file, any written letter, memorandum, or other
document which was sent by one or more individuals and/or entities to another or others.
Please note that if a particular “WRITING” exists in more than one form, each different :
form is an “original” within the meaning intended by this demand. Also, if additional copies
10 exist of original “WRITINGS,” which copies are no longer identical to the initial original
11 (whether because of other markings or modifications of any kind), each such non-identical copy
12 is to be construed as a separate “original writing” subject to identification and production by you
13 pursuant to this demand.
14 5. “INCLUDING” shall mean “including but not limited to.”
15 6 “PERSON” or “PERSONS” shall mean a natural person, firm, association,
16 corporation, partnership, business, trust, or any other form of legal entity.
17 7. “EMPLOYEE(S)” shall mean any director, trustee, officer, employee, partner,
18 corporate parent, subsidiary, affiliate or servant of the designated entity, whether active or
19 retired, full-time or part-time, current or former, and compensated or not.
20 8 “YOU,” “YOUR,” or “SWEET PRODUCTION” shall mean Plaintiff and Cross-
21 Defendant Sweet Production, Inc., and anyone acting on its behalf, including, but not limited to,
22 employees, affiliates, related companies, agents, and contractors of SWEET PRODUCTION.
23 9 “SHA” shall mean Defendant and Cross-Complainant Solomon Sha."
24 10. “SWEET EXPRESS” shall mean Cross-Defendant Sweet Express, and anyone
25 acting on its behalf, including, but not limited to, employees, affiliates, related companies,
26 agents, and contractors of SWEET EXPRESS.
27 11. “MING CHIN” shall mean Cross-Defendant Ming Chin, also known as Terry
28 Chin, and anyone acting on his behalf,
REQUESTS FOR PRODUCTION CASE No. 18-CIV-03110
12. “DOREEN CHIN” shall mean Cross-Defendant Doreen Chin, and anyone acting
on her behalf.
13. “And,” “or” and “and/or” shall be construed disjunctively or conjunctively, as
necessary, to bring within the scope of any request for production and inspection of documents
and things which may otherwise be construed to be outside the scope thereof.
14, Any word written in the present tense herein shall be construed as written in the
past tense, or vice versa, as necessary, to facilitate the response to any request for production and
inspection of documents and things.
‘15. The singular shall include the plural and the plural shall include the singular.
10
11 REQUESTS FOR PRODUCTION
12 1 All DOCUMENTS and COMMUNICATIONS supporting YOUR allegation in
13 paragraph 9 of the Complaint that SHA “conspire[ed] with subordinates to falsify employee time
14 records.”
15 2 AJl DOCUMENTS and COMMUNICATIONS supporting YOUR allegation in
16 paragraph 9 of the Complaint that SHA “fail{ed] to report the falsified employee time records to
17 SPI.”
18 3 All DOCUMENTS and COMMUNICATIONS supporting YOUR allegation in
19 paragraph 9 of the Complaint that SHA “conceal[ed] the falsified employee time records from
20 SPL”
21 4. All DOCUMENTS and COMMUNICATIONS supporting YOUR allegation in
22 paragraph 9 of the Complaint that SHA “receiv[ed] cash proceeds from the falsified employee
23 time records for his own benefit.”
24 5 All DOCUMENTS and COMMUNICATIONS supporting YOUR allegation in
25 paragraph 10 of the Complaint that YOU became aware of SHA’s alleged scheme in and around
26 late April 2016.
27
28
REQUESTS FOR PRODUCTION CASE No, 18-CIV-03110
6. All DOCUMENTS and COMMUNICATIONS REGARDING the alleged scheme
that was provided to YOU from “the employee who assisted Sha in carrying out” the scheme as
alleged in paragraph 11 of the Complaint.
7 All DOCUMENTS and COMMUNICATIONS supporting YOUR allegation in
paragraph 12 that “other events occurred that lent credibility to the allegations against [SHA].”
8. All DOCUMENTS and COMMUNICATIONS supporting YOUR allegation in
paragraph 13 of the Complaint that “Sha became upset with the company around January 2016.”
9. ‘All DOCUMENTS and COMMUNICATION supporting YOUR allegation in
paragraph 14 of the Complaint that “the departments responsible for distributing SPI’s goods
10 being chronically understaffed.”
11 10. All DOCUMENTS and COMMUNICATION supporting YOUR allegation in
12 paragraph 14 of the Complaint that “deadlines for early-morning customer deliveries [were]
13 repeatedly missed.” !
14 i. All DOCUMENTS and COMMUNICATIONS supporting YOUR allegation in
15 paragraph 15 of the Complaint that SWEET PRODUCTION was “losing the amounts paid in
16 wages because of falsified employee time records for wages that were not actually earned.”
17 12. All DOCUMENTS and COMMUNICATION supporting YOUR allegation in
18 paragraph 15 of the Complaint that SWEET PRODUCTION was “losing the amounts paid in
19 payroll taxes and other liabilities because of falsified employee time records for wages that were
20 not actually earned.”
21 13. All DOCUMENTS and COMMUNICATION supporting YOUR allegation in
22 paragraph 15 of the Complaint that SWEET PRODUCTION was “losing prospective income
23 from customers who scaled back or ceased doing business with SPI because of untimely
24 deliveries.”
25 14, All DOCUMENTS and COMMUNICATIONS containing any statements miade
26 to YOU by anyone with personal knowledge of the facts at issue in this case.
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REQUESTS FOR PRODUCTION CaSE No. 18-CIV-03110
15. ALL COMMUNICATIONS between YOU and SHA in the past five years,
including letters, emails, text messages, and any other written or electronic
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COMMUNICATIONS.
16. Any contract or agreement between YOU and Fountain Café in Oakland since
2008.
17. All DOCUMENTS and COMMUNICATIONS between YOU and Fountain Café
in Oakland RELATED to scaling back or ceasing to do business with YOU since 2008.
18. Any contract or agreement between YOU and Grand Hyatt San Francisco since
2008.
10 19. All DOCUMENTS and COMMUNICATIONS between YOU and Grand Hyatt
i San Francisco RELATED TO scaling back or ceasing to do business with YOU since 2008.
12 20. _Any contract or agreement between YOU and Courtyard by Marriott San
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13 Francisco Downtown since 2008.
14 21. All DOCUMENTS and COMMUNICATIONS between YOU and Courtyard by
15 Marriott San Francisco Downtown RELATED TO scaling back or ceasing to do business with
16 YOU since 2008.
17 22. Any contract or agreement between YOU and the Holiday Inn San Jose since
18 2008.
19 23. All DOCUMENTS and COMMUNICATIONS between YOU and the Holiday
20 Inn San Jose RELATED TO scaling back or ceasing to do business with YOU since 2008.
21 24, Any contract or agreement between YOU and Team San Jose at the San Jose
22 Convention Center and Visitors Bureau since 2008.
23 25. All DOCUMENTS
‘and COMMUNICATIONS between YOU and Team San Jose
24 at the San Jose Convention Center and Visitors Bureau RELATED TO scaling back or ceasing to
25 do business with YOU since 2008.
26 26. All DOCUMENTS which RELATE TO, REFER TO, or evidence any and all
27 civil actions, adversary proceedings, arbitrations, or administrative proceedings that have been
28 filed against YOU at any time in the past five years for any alleged misconduct.
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REQUESTS FOR PRODUCTION Case No. 18-C1V-031 10
27. YOUR entire personnel or similar file RELATED TO SHA.
28. All federal and state complete corporate tax returns (and all accompanying
schedules, attachments, documents and k-1s), SWEET PRODUCTION has filed for tax years
2008 to the present.
29. All official corporate records of SWEET PRODUCTION inchiding but not
limited to: (i) bylaws; (ii) articles of incorporation; (iii) meeting minutes; (iv) agendas; (v)
summaries; (vi) organizational charts; (vii) lists of shareholders.
30. All DOCUMENTS sufficient to IDENTIFY each PERSON having an interest
(whether equity, security, debt, or other legal interest) in SWEET PRODUCTION and the value
10 of such interest.
11 31. All DOCUMENTS AND COMMUNICATIONS RELATED TO YOUR
12 investigation into SHA’s alleged misdeeds.
13 32. All DOCUMENTS RELATED TO company policy and/or employment
14 handbook on employee time records.
15 33. All DOCUMENTS and COMMUNICATIONS RELATED TO the termination of
16 the employee by SHA as alleged in paragraph 11.
17 34. All DOCUMENTS and COMMUNICATIONS RELATED to SHA’s ownership
18 interest in SWEET PRODUCTION from 2008 to the present.
19 35. A complete copy of the Sage accounting system data (or any other accounting
20 system SWEET PRODUCTION uses), INCLUDING all detail and supporting documentation for
21 all journal entries, schedules, spreadsheets, and summaries utilized outside of the accounting
22 system to track, organize, summarize, calculate any revenue, expense, liability, asset, or equity
23 amounts.
24 36. All monthly statements for each bank account, investment account or other type
25 of financial account, INCLUDING but not limited to Bank of America accounts, East West Bank
26 accounts and other accounts, INCLUDING but not limited to, monthly, annual, and any other
27 time period bank statements, cancelled checks, withdrawal slips, deposit slips, bank
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REQUESTS FOR PRODUCTION CASE No. 18-CIV-03110
reconciliations, and wire transfer advices (other documents showing all incoming and outgoing
wire transfers) from 2008 to the present.
37. All bank statements for personal bank accounts held by DOREEN CHIN and
MING CHIN, INCLUDING but not limited to monthly, annual, and any other time period bank
statements, cancelled checks, withdrawal clips, deposit slips, bank reconciliation, and all wire
transfer advices (or other DOCUMENTS showing all incoming and outgoing wire transfers)
from 2008 to the present.
38. All loans, lines (or other liability) DOCUMENTS INCLUDING all relevant terms
such as loan or line amount, date of loan, interest rate, term/payback period, amortization table,
10 lender name/location, all payments made for principal and interest, and all advances made from
11 2008 to the present.
12 39, All DOCUMENTS showing personal payment of business expenses from 2008 to
13 the ‘present.
14 40. All DOCUMENTS showing company payment of personal expenses from 2008
15 to the present.
16 41. All Your loan applications from 2008 to the present.
17 42. All Your insurance applications from 2007 to the present
18 43. All business tax returns, INCLUDING all supporting statements, schedules, and
,
19 summaries from 2008 to the present.
20 44. All tax retums for DOREEN CHIN and MING CHIN, INCLUDING all
21 supporting statements, schedules, and summaries from 2008 to the present.
22 45, All credit card monthly statements and payments for any cards or credit lines paid
23 by SWEET PRODUCTION, INCLUDING all credit cards used exclusively, or in part, for the
24 businesses, INCLUDING personal credit cards, and receipts or invoices that initiate each credit
25 card charge. XN
26 46. All Your monthly, quarterly and annual detailed financial statements showing
27 every account utilized by the businesses, INCLUDING but not limited to profit and loss reports,
28 balance sheets, operating statements, and cash flow statements from 2008 to the present.
7
REQUESTS FOR PRODUCTION CASE No. 18-CIV-03110
47. All invoices, or other type of demand for payments, for any expense greater than
$1,000 from 2008 to the present.
48, All 1099’s issued by the business INCLUDING proof of payment, including
names and all contact information for each 1099 recipient from 2008 to the present.
49. All contracts or agreements with any vendor, supplier, consultant, assistant, or
any other type of company or individual from 2008 to the present.
50. All DOCUMENTS showing ownership interests in SWEET PRODUCT] TON,
SWEET EXPRESS, or any other business from 2008 to the present.
Si. All board of director meeting minutes, INCLUDING all reports and attachments
10 from 2008 to the present.
I 52. All employee/owner/partner/director or other expense reimbursement requests
12 with all relevant receipts from 2008 to the present.
13 \ 53. All payroll records showing all compensation paid to DOREEN CHIN, MING
14 CHIN, and all other employees at SWEET PRODUCTION, SWEET EXPRESS, and any other
15 related entity from 2008 to the present.
16 54. All DOCUMENTS RELATED TO all distributions to owners/partners/directors
17 or others from 2008 to the present.
18 55. All employee bonuses and DOCUMENTS and COMMUNICATIONS showing
19 how each bonus amount was calculated from 2008 to the present.
20 56. All COMMUNICATIONS between DOREEN CIN, MING CHIN, and Chen Lai
21 from 2008 to the present.
22 37. All DOCUMENTS and COMMUNICATIONS RELATED TO lowering SHA’s
23 ownership in SWEET PRODUCTION, INCLUDING but not limited to email
24 COMMUNICATIONS and text messages.
25 58. All DOCUMENTS and COMMUNICATIONS that support any of YOUR
26 responses to the Form Interrogatories.
27 59. All DOCUMENTS and COMMUNICATIONS that support any of YOUR
28 responses to the Special Interrogatories.
REQUESTS FOR PRODUCTION CASE No, 18-CIV-03110
60. All DOCUMENTS on which YOU intend to rely at trial.
61: All DOCUMENTS regarding the formation and ownership of Sweet Express.
62. All YOUR policies of insurance, including declaration pages, for D&O, B&O or
casualty insurance from 2008 to the present.
63. All DOCUMENTS and COMMUNICATIONS to SHA from YOU, DOREEN
CHIN, MING CHIN, or any other person connected with or affiliated to YOU, regarding the
alleged malfeasance of SHA alleged in the compliant
DATED: July 27, 2018
Respectfully submitted,
10 MICLEAN GLEASON LLP
11
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13 D avid J. Miclean
Carmen M. Aviles
14 Attorneys for Defendant and Cross-Complainant
Solomon Sha
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REQUESTS FOR PRODUCTION CASE No. 18-CIV-03110
’
DAVID J. MICLEAN (SBN 115098)
dmiclean@micleangleason.com
CARMEN M. AVILES (SBN 251993)
caviles@micleangleason.com
MICLEAN GLEASON LLP
411 Borel Avenue, Suite 310
San Mateo, CA 94402
Telephone: (650) 684-1181
Facsimile: (650) 684-1182
Attorneys for Defendant
Solomon Sha
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SAN MATEO
i
12
SWEET PRODUCTION, INC., a California Case No. 18-CIV-03110
13 Corporation,
14 SOLOMON SHA’S SPECIAL
Plaintiff, INTERROGATORIES TO SWEET
15 PRODUCTION, INC. (SET ONE)
Vv.
16
SOLOMON SHA, an individual; and DOES 1 Complaint Filed: June 18, 2018
17 to 10, inclusive, Trial Date:
18
Defendants.
19
20
SOLOMON SHA,
21
Cross-Complainant,
22
v.
23
SWEET PRODUCTION, INC., a California
24 corporation; SWEET EXPRESS; MING CHIN;
DOREEN CHIN; and ROES 1 through 10,
25 inclusive,
26 Cross-Defendants.
27
28
SPECIAL INTERROGATORIES CASE No. 18-CIV-03110
PROPOUNDING PARTIES: SOLOMON SHA
RESPONDING PARTY: SWEET PRODUCTION, INC.
SET NUMBER: ONE
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Pursuant to Code of Civil Procedure § 2033.030, Defendant and Cross-Complainant
Solomon Sha (“Defendant,” “Mr. Sha,” or “Propounding Party”) hereby requests that Plaintiff
and Cross-Defendant Sweet Production, Inc. (“Sweet Production,” “Plaintiff,” or “Responding
Party”) respond to the following interrogatories in writing and under oath, and serve a copy on
Propounding Party and his attorneys at the law firm of Miclean Gleason LLP located at 411
10 Borel Avenue, Suite 310, San Mateo, California, no later than thirty (30) days after the service
11 hereof.
12 INSTRUCTIONS
13 In answering these interrogatories, Responding Party is required to furnish all
14 information within the scope of the interrogatories that is personally known or reasonably
15 available to Responding Party, including information in Responding Party’s possession, custody,
16 or control, or in the possession, custody, or control of any attommey retained by Responding Party.
17 When these interrogatories call for information or a document that was previously in Responding
18 Party’s possession, custody, or control, Responding Party should identify its present location and
19 custodian if known, or otherwise its last known location and custodian.
20 Pursuant to California Code of Civil Procedure Section 2030.220, in the event that
21 Responding Party does not have sufficient personal knowledge to fully answer an interrogatory,
22 so state, making a reasonable and
Preview
sa DAVID J. . MICLEAN (SBN 115098) dmiclean@micleangleason.com DANIELLE M. MIHALKANIN (SBN 271442) dmihalkanin@micleangleason.com MICLEAN, GLEASON LLP 411 Borel Avenue, Suite 310 SAN MATE [LED Oy, San Mateo, CA 94402 Telephone: (650) 684-1181 NOV 14 agg Facsimile: (650) 684-1182 Superior Court 4h Attorneys for Defendant and Cross-Complainant Solomon Sha SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN MATEO ) il SWEET PRODUCTION, INC., a California “Case No. 18-CIV-03110 12 Corporation, 13 Plaintiff, DECLARATION OF DANIELLE M. 14 MIHALKANIN IN SUPPORT OF DEFENDANT SOLOMON SHA’S EX PARTE Vv. 15 MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS AGAINST SOLOMON SHA, an individual; and DOES 1 to PLAINTIFF SWEET PRODUCTION, INC. 16 10, inclusive, 17 Date: November 14, 2019 Defendants. 18 Time: 2:00 p.m. Department: Law & Motion 19 20 SOLOMON SHA, 18 clv-oat19 zreiaration in Support | on 21 Cross-Complainant, 22 Vv. 23 SWEET PRODUCTION, INC., a California 24 corporation; SWEET EXPRESS; MING CHIN; DOREEN CHIN; and ROES 1 through 10, 25 inclusive, . 26 Cross-Defendants: 27 28 DECLARATION OF MIHALKANIN BO MOTION FOR SANCTIONS CASE No. 18-CIV-03110 I, Danielle M. Mihalkanin, declare as follows: 1 I am an attorney at the law firm of Miclean Gleason LLP located at 411 Borel Avenue, Suite 310, San Mateo, California 94402. I submit this Declaration in support of Defendant Solomon Sha’s (“Sha”) Motion for Terminating Sanctions and Monetary Sanctions Against Plaintiff Sweet Production, Inc. 2 Iam a member in good standing of the State Bar of California. 3 I make this declaration based upon facts within my own personal knowledge, except as to those matters stated upon information and belief, and as to those matters I believe them to be true. If called upon to testify to the matters stated herein, I could testify competently and truthfully. 10 4 Pursuant to California Rules of Court 3.1203, 3.1204, and Local Civil Rule 3.19, I 11 notified SPI’s counsel of this Ex Parte Motion. Attached hereto as Exhibit A is a true and correct copy 12 of my email correspondence with SPI’s counsel pursuant to California Rules of Court 3.1203, 3.1204, 13 and Local Civil Rule 3.19. 14 5 As of the time of this filing, counsel for SPI has not responded to my November 13, 2019 15 email serving as notice of this motion. 16 6 Attached hereto as Exhibit B is a true and correct copy of the Declaration of Danielle M. 7 Mihalkanin in Support of Solomon Sha’s Motion Ex Parte Motion to Compel, filed November 1, 2019, 18 and the exhibits thereto. 7 19 My billing rate on this matter is $425 per hour. I spent approximately 10 hours to prepare 20 this motion and the declaration, and to gather the exhibits attached to my declaration. I estimate it will 21 take an additional 2-3 hours to prepare for and attend a hearing. SPI should be sanctioned for the total 22 cost of this motion, which is estimated at $5,000. 23 24 Ml 25 Ml 26 Mt 27 Ml 28 1 DECLARATION OF MIHALKANIN ISO MOTION FOR SANCTIONS CASE NO. 18-CIV-03110 I declare under the penalty of perjury of the laws of the United States of America and the State of California that the foregoing is true and correct, and that this declaration was executed this 14th day of November, 2019, in San Mateo, California. By: Daw. Mh. Fhuhek Danielle M. Mihalkanin 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 DECLARATION OF MIHALKANIN ISO MOTION FOR SANCTIONS CASE No. 18-CIV-03110 EXHIBIT A Douglas Collins ‘ , From: Danielle Mihalkanin Sent: Wednesday, November 13, 2019 9:12 AM To: Andrew M. Agtagma, Esq. Cec: David Miclean; Douglas Collins Subject: Sweet Production, Inc. v. Solomon Sha (Case No. 18-ClV-03110) - Notice of Ex Parte Application Mr. Agtagma, This email serves as notice under CRC 3.1204 counsel will appear on behalf of Defendant Solomon Sha on Thursday, November 14, 2019 at 2pm before the Law & Motion Department located at 400 County Center, Redwood City, California 94063 to submit an Ex Parte Application for terminating sanctions and monetary sanctions against Plaintiff Sweet Productions, Inc. (“SPI”), or alternatively to shorten time to have this motion heard on December 17, 2019 at 9am. , Please let me know by 5pm today whether you will appear to oppose the application. Danielle M. Mihalkanin Senior Counsel J MICLEANGLEASONS 411 Borel Ave., Suite 310 San Mateo, CA 94402 650 684 1181 (main) 650 684 1182 (fax) www.micleangleason.com dmihalkanin@micleangleason.com EXHIBIT B DAVID J. MICLEAN (SBN 115098) dmiclean@micleangleason.com DANIELLE M. MIHALKANIN (SBN 271442) dmihalkanin@micleangleason.com MICLEAN GLEASON LLP ENDORSED FILED SAN MATEO COU! 411 Borel Avenue, Suite 310 San Mateo, CA 94402 NOV ~ & 2019 Telephone: (650) 684-1181 Facsimile: (650) 684-1182 Slark 4 the Superior Gourk DEPUTY GLERIC Attomeys for Defendant and Cross-Complainant Solomon Sha SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN MATEO il SWEET PRODUCTION, INC., a California Case No. 18-CIV-03110 12 Corporation, 13 Plaintiff, DECLARATION OF DANIELLE M. 14 MIHALKANIN IN SUPPORT OF DEFENDANT SOLOMON SHA’S EX PARTE 15 v. MOTION TO COMPEL DISCOVERY RESPONSES FROM PLAINTIFF SWEET SOLOMON SHA, an individual; and DOES 1 to PRODUCTION, INC., DEE] 16 OBJECTIONS WAIVED, AND MONETARY 10, inclusive, SANCTIONS 17 Defendants. 18 Date: November 1, 2019 Time: 2:00 p.m. 19 Department: Law & Motion 20 SOLOMON SHA, 21 Cross-Complainant, 22 Vv. 23 SWEET PRODUCTION, INC., a California 24 corporation; SWEET EXPRESS; MING CHIN; DOREEN CHIN; and ROES 1 through 10, 25 inclusive, 26 Cross-Defendants. 27 28 TECT AR ATION OF MIHAT KANIN TSO MOTION TO COMPEL CASENO. 18-CIV-03110 ’ I, Danielle M. Mihalkanin, declare as follows: 1 I am an attorney at the law firm of Miclean Gleason LLP located at 411 Borel Avenue, Suite 310, San Mateo, California 94402. I submit this Declaration in support of Defendant Solomon Sha’s (“Sha”) Motion to Compel Discovery Responses from Plaintiff Sweet Production, Inc. (“SPI”), Deeming Objections Waived, and Monetary Sanctions. 2. I am a member in good standing of the State Bar of California. 3 I make this declaration based upon facts within my own personal knowledge, except as to those matters stated upon information and belief, and as to those matters | believe them tobe true. If called upon to testify to the matters stated herein, I could testify competently and truthfully. 10 4. Subsequent to the court’s September 13, 2019 order reopening discovery, | made efforts 11 to ensure that SPI responded to Sha’s outstanding discovery. Despite agreeing to provide substantive 12 responses and documents by October 11, 2019, although not agreeing to provide a courtesy electronic 13 copy, SPI never provided any responses to any outstanding discovery. 14 5 Attached hereto as Exhibit A is a true and correct copy of my email correspondence with 15 SPI’s counsel prior to October 11, 2019. 16 6 Pursuant to California Rules of Court 3.1203, 3.1204, and Local Civil Rule 3.19, I 17 notified SPI’s counsel of this Ex Parte Motion, and counsel responded that he would not appear to 18 oppose this motion. 19 7. Attached hereto as Exhibit B is a true and correct copy of my email correspondence with 20 SPI’s counsel pursuant to California Rules of Court 3.1203, 3.1204, and Local Civil Rule 3.19. 21 8 Attached hereto as Exhibit C is a true and correct copy of Sha’s First Set of Requests for 22 Document Production, Special Interrogatories, Form Interrogatories, and Request for Inspection 23 Demand, and Proof of Service of same, all dated July 27, 2018. 24 9 Attached hereto as Exhibit D is a true and correct copy of the discovery letter to SPI 25 dated September 11, 2019, including Sha’s Second Set of Requests for Production and the Proof of 26 Service of same, dated September 11, 2019. 27 10. Attached hereto as Exhibit E is a true and correct copy of the June 5, 2019 stipulation of 28 the parties to continue trial and that SPI would produce documents. 1 TREAT AD ATION AE Mir aT © ANIA TRO) MOTION TO COMPRI CASE NO. 18-CIV-03110 11. My billing rate on this matter is $425 per hour. I spent approximately 9 hours to prepare this motion and the declaration, and to gather the exhibits attached to my declaration. J estimate it will take an additional approximately 2-3 hours to prepare for and attend a hearing. SPI should be sanctioned for the total cost of this motion, which is estimated at $5,000. I declare under the penalty of perjury of the laws of the United States of America and the State of California’that the foregoing is true and correct, and that this declaration was executed this Ist day of November, 2019, in San Mateo, California. 10 By: Conall, Th. Ia 11 Danielle M. Mihalkanin 12 13 14 15 16 7 18 19 20 21 23 24 25 26 27 28 Finan in ART AP Ravage ARTA TOO MATIAN TA PANDEY CAcEND 1R-CTV-03110 EXHIBIT A Douglas Collins . ee From: Andrew M. Agtagma, Esq. Sent: Thursday, October 03, 2019 1:11 PM To: Danielle Mihalkanin Ce: David Miclean; Douglas Collins Subject: RE: Sha adv. Sweet Production - Discovery Ms. Mihalkanin, | have no obligation under the Code of Civil Procedure to provide responses electronically. understand that you are requesting a courtesy copy, and | am noting that request. But | am not committing fo Providing one. Regards, Andrew M. Agtagma, Esq. ama@lawcenter-esq.com NOTICE OF CONFIDENTIALITY: This e-mail is covered by the Electronic Communications Privacy Act of 1986, 18 U.S.C, §§ 2510- 2522. The information contained in this message and any attachments thereto is confidential, and may also be protected by the attorney work product doctrine and attorney-client privilege. It is intended solely for the use of the addressee(s). If you are not the intended recipient of this e-mail, you are prohibited from reading, disclosing, distributing, copying, or otherwise using its contents. If you have received this e-mail in error, please notify the sender by email, telephone or facsimile transmission, and permanently delete the original and any copy of this message. 2 From: Danielle Mihalkanin [mailto:DMihalkanin@micleangleason.com] Sent: Thursday, October 03, 2019 12:42 PM To: Andrew M. Agtagma, Esq. Cc: David Miclean; Douglas Collins Subject: RE: Sha adv. Sweet Production - Discovery Ok. Please then confirm that we will receive an electronic courtesy copy of the responses and document production on October 11, 2019. Danielle M. Mihalkanin Senior Counsel PAICLEA Sh ke Ey SONS 411 Borel Ave., Suite 310 San Mateo, CA 94402 650 684 1181 (main) 650 684 1182 (fax) www.micleangleason.com dmihalkanin@micleangleason.com cnt cnet en eine een Frot Andrew M. Agtagma, Esq. Sent: Thursday, October 3, 2019 11:10 AM To: Danielle Mihalkanin 1 te Ce: David Miclean ; Douglas Collins Subject: RE: Sha adv. Sweet Production - Discovery Please see your original e-mail to me. You're asking me the same question. My answer remains the same. Andrew M. Agtagma, Esq. ama@lawcenter-esg.com: NOTICE OF CONFIDENTIALITY: This e-mail is covered by the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510- 2522. The information contained in this message and any attachments thereto is confidential, and may also be protected by the attorney work product doctrine and attorney-client privilege. It is intended solely for the use of the addressee(s). If you are not the intended recipient of this e-mail, you are prohibited from reading, disclosing, distributing, copying, or otherwise using its contents. If you have received this e-mail in error, please notify the sender by email, telephone or facsimile transmission, and permanently delete the original and any copy of this message. From: Danielle Mihalkanin [mailto:DMihalkanin@micleangleason.com’ Sent: Thursday, October 03, 2019 10:29 AM To: Andrew M. Agtagma, Esq. Cc; David Miclean; Douglas Collins Subject: RE: Sha adv. Sweet Production - Discovery : My request is more particular - | want to make sure that SP!’s responses are full and complete, with no objections, as well as the document production for both the first and second sets of discovery requests are actually completed on that day, October 11. So, to that end, please confirm that SPI’s responses/production will be completed that day, October 11, 2019. Thanks. aeee ee woes Fro Andrew M. Agtagma, Esq. Sent: Thursday, October 3, 2019 10:09 AM To: Danielle Mihalkanin Cc: David Miclean ; Douglas Collins Subject: RE: Sha adv. Sweet Production - Discovery Ms. Mihalkanin, You asked me the same question on September 19, and | responded affirmatively. 1s there something new that you're asking me? If not, my answer is still the same. Regards, Andrew M. Agtagma, Esq. am weenter-esq.com NOTICE OF CONFIDENTIALITY: This e-mail is covered by the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510- 2522. The information contained In this message and any attachments thereto ts confidential, and may also be protected by the attorney work product doctrine and attorney-client privilege. It is intended solely for the use of the addressee(s). If you are not the intended recipient of this e-mail, you are prohi .d from reading, disclosing, distributing, copying, or otherwise using its contents. If you have received this e-mail in error, please ify the sender by email, telephone or facsimile transmission, and permanently delete the original and any copy of this message. From: Danielle Mihalkanin [mailto:DMihalkanin@micleangleason.com: Sent: Thursday, October 03, 2019 9:57 AM To: Andrew M. Agtagma, Esq. Cc: David Miclean; Douglas Collins Subject: RE: Sha adv. Sweet Production ~ Discovery Mr. Agtagma, Please confirm that the responses and document production to both the original discovery requests as well as the second set of requests will be completed October 11. Thanks, Danielle Danielle M. Mihalkanin Senior Counsel PAICLEANGSL EASONS 411 Borel Ave., Suite 310 San Mateo, CA 94402 650 684 1181 (main) 650 684 1182 (fax) www.micleangleason.com dmihalkanin@micleangleason.com . Fror ndrew M. ‘Agtagma, Esq. Sent: Thursday, September 19, 2019 5:22 PM To: Danielle Mihalkanin Cc: David Miclean ; Douglas Collins Subject: RE: Sha adv. Sweet Production - Discovery Hi Ms. Mihalkanin, I'm working with my clients to provide substantive responses and documents. Regards, Andrew M. Agtagma, Esq. ima@lawcenter-esq.com NOTICE OF CONFIDENTIALITY: This e-mail is covered by the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510- 2522. The information contained in this message and any attachments thereto is confidential, and may also be protected by the attorney work product doctrine and attorney-client privilege. It is intended solely for the use of the addressee(s). If you are not the intended recipient of this e-mail, you are prohibited from reading, disclosing, distributing, copying, or otherwise using its contents. If you have received this e-mail in error, please notify the sender by email, telephone or facsimile transmission, and permanently delete the original and any copy of this message. From: Danielle Mihalkanin [mailto:DMil Ikanin@micleat leason. Sent: Thursday, September 19, 2019 5:04 PM To: Andrew M. Agtagma, Esq. Cc: David Miclean; Douglas Collins Subject: RE: Sha adv. Sweet Production - Discovery Mr. Agtagma, Please confirm that your clients will serve substantive responses and produce actual documents by-October 11, 2019. We do not want to wait until that time and still have to bring a motion to compel. Thanks, Danielle Danielle M. Mihalkanin Senior Counsel RAICLEANSi LEASONS 411 Borel Ave., Suite 310 San Mateo, CA 94402 650 684 1181 (main) 650 684 1182 (fax) www. micleangleason.com dmihalkanin@micleangleason.com ’ _ From: Andrew M. | Agtagma, sa, < Sent: Thursday, September 19, 2019 3:33 PM To: Danielle Mihalkanin Cc: David Miclean ; Douglas Collins < dcollins@micleangleason, com> Subject: RE: Sha adv. Sweet Production - Discovery Hi Ms. Mihalkanin, My clients intend to provide responses to Defendant's written discovery requests. Mr. Miclean's letter requests that the responses be provided by October 11, 2019. That is the deadline I'm working of off. Regards, AndrewM. Agtagma, Esq. (@lawcenter-esq.com NOTICE OF CONFIDENTIALITY: This e-mail is covered by the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510- 2522. The information contained in this message and any attachments thereto is confidential, and may also be protected by the attorney work product doctrine and attorney-client privilege. It is intended solely for the use of the addressee(s). If you are not the intended recipient of this e-mail, you are prohibited from reading, disclosing, distributing, copying, or otherwise using its contents. If you have received this e-mail in error, please notify the sender by email, telephone or facsimile transmission, and permanently delete the original and any copy of this message. 5 From: Danielle Mihalkanin [mailto:DMihalkanin@micleangleason.cor Sent: Thursday, September 19, 2019 3:05 PM To: Andrew M. Agtagma, Esq. Cc: David Miclean; Douglas Collins Subject: Sha adv, Sweet Production - Discovery Dear Mr. Agtagma: We write to follow-up our letter of September 11, 2019 regarding the outstanding discovery for which we've requested a response following the court’s August 28, 2019 order re-opening discovery. Due to the court’s availability for a hearing 4 on a motion to compel being limited, we need to know by 5:00 pm Friday, September 20, 2019 whether SPI intends to provide responses and a date certain by which SPI will serve those responses and produce documents. If we do not get any response from you, we will assume that SPI has no intention of complying with its discovery obligations and we will file a motion to compel. . Danielle Danielle M. Mihalkanin Senior Counsel MICLEANSLEASONS 411 Borel Ave., Suite 310 San Mateo, CA 94402 650 684 1181 (main) 650 684 1182 (fax) www.micleangleason.com mihalkanin@micleangleason.com EXHIBIT B Dougl: Collins ——— a From: Andrew M. Agtagma, Esq. Sent: Thursday, October 31, 2019 3:54 PM To: Danielle Mihalkanin Subject: RE: Sweet Production, Inc. v. Solomon Sha (Case No. 18-CIV-03110) - Notice of Ex Parte Application Ms. Mihalkanin, | will not oppose your ex parte application. Regards, Andrew M. Agtagma, Esq. ama@lawcenter-esa.com NOTICE OF CONFIDENTIALITY: This e-mail is covered by the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510- 2522. The information contained in this message and any attachments thereto is confidential, and may also be protected by the attorney work product doctrine and attorney-client privilege. It is intended solely for the use of the addressee(s). If you are not the Intended recipient of this e-mail, you are prohibited from reading, disclosing, distributing, copying, or otherwise using its contents. If you have received this e-mail in error, please notify the sender ‘by email, telephone or facsimile transmission, and permanently delete the original and any copy of this message. - From: Danielle Mihalkanin [mailto:DMihalkanin@micleangleason.com) Sent: Thursday, October 31, 2019 9:57 AM To: Andrew M. Agtagma, Esq. Cc: David Miclean; Douglas Collins Subject: Sweet Production, Inc. v. Solomon Sha (Case No. 18-CIV-03110) - Notice of Ex Parte Application Mr. Agtagma, This email serves as notice under CRC 3.1204 counsel will appear on behalf of Defendant Solomon Sha on Friday, November 1, 2019 at 2pm before the Law & Motion Department located at 400 County Center, Redwood City, California 94063 to submit an Ex Parte Application for terminating sanctions or in the alternative an order compelling Plaintiff Sweet Productions, Inc. (“SPI”) to respond to all outstanding discovery, as to date, SP! has never provided any responses. Please let me know by 5pm today whether you will appear to oppose the application. \ Thanks, Danielle Danielle M. Mihalkanin Senior Counsel WICLEANSLEASONS 411 Borel Ave., Suite 310 San Mateo, CA 94402 650 684 1181 (main) 650 684 1182 (fax) www.micleangleason.com dmihalkanin@micleangleason.com EXHIBIT C DAVID J. MICLEAN (SBN 115098) dmiclean@micleangleason.com CARMEN M. AVILES (SBN 251993) caviles@micleangleason.com MICLEAN GLEASON LLP 411 Borel Avenue, Suite 310 San Mateo, CA 94402 Telephone: (650) 684-1181 Facsimile: (650) 684-1182 Attorneys for Defendant and Cross-Complainant Solomon Sha SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN MATEO i 12 SWEET PRODUCTION, INC., a California Case No. 18-CIV-03110 13 Corporation, 14 SOLOMON SHA’S REQUESTS FOR Plaintiff, PRODUCTION OF DOCUMENTS TO 15 SWEET PRODUCTION, INC. (SET ONE) Vv. 16 SOLOMON SHA, an individual; and DOES 1 Complaint Filed: June 18, 2018 17 to 10, inclusive, Trial Date: 18 Defendants. 19 20 SOLOMON SHA, 21 Cross-Complainant, 22 v. 23 SWEET PRODUCTION, INC., a California 24 corporation; SWEET EXPRESS; MING CHIN; DOREEN CHIN; and DOES 1 through 10, 25 inclusive, 26 Cross-Defendants 27 28 REQUESTS FOR PRODUCTION CASE No. 18-CIV-03110 PROPOUNDING PARTIES: SOLOMON SHA RESPONDING PARTY: SWEET PRODUCTION, INC. SET NUMBER: ONE TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: ‘5 Defendant and Cross-Complainant Solomon Sha (“Defendant,” “Mr. Sha,” or “Propounding Party”) hereby requests pursuant to California Code of Civil Procedure section 2031.260, et seq., that Plaintiff and Cross-Defendant Sweet Production, Inc. (“Plaintiff,” “Sweet Production,” or “Responding Party”) respond to the following Requests for Production of Documents in writing and under oath, and serve a copy on Mr. Sha and his attorneys at Miclean 10 Gleason LLP, 411 Borel Avenue, Suite 310, San Mateo, CA 94402 within thirty days from the ll date these requests were served. 12 DEFINITIONS 13 1 “REFER TO,” “REFERRING TO,” “REGARDING,” and “RELATING TO,” 14 shall mean consisting of, pertaining to, mentioning, commenting on, connected with, discussing, 15 describing, identifying, analyzing, explaining, showing, reflecting, dealing with, comprising, 16 containing, resulting from, or regarding a particular subject in whole or in part, either directly or 17 indirectly. “ 18 2. “CONCERNING?” shall mean analyzing, addressing, consisting of, constituting, 19 regarding, referring to, pertaining to, refuting, discussing, describing, evidencing, memorializing, 20 reflecting, commenting on, or otherwise having any logical or factual connection to the subject 21 matter of the request. 22 3 “COMMUNICATION” shall mean the transmission of information by any 23 means, including but not limited by text messages, phone, email, and in written correspondence. 24 4. “DOCUMENTS” or “WRITING” are defined as in Evidence Code Section 250 25 and these words refer to all such materials, however produced or reproduced, in your actual or 26 constructive possession, custody, care or control; and includes, but is not limited to, originals, 27 copies, nonidentical copies, and preliminary, intermediate, and final drafts of all WRITINGS. ‘ 28 Evidence Code Section 250 provides: “[w]riting means handwriting, typewriting, printing, 1 REQUESTS FOR PRODUCTION CASE NO, 18-CTV-03110. photostating, photographing, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof.” A reference herein to any one or more of these types of WRITINGS shall be construed to include all other types of WRITINGS without limitation, including but not limited to, text messages, emails, Facebook postings and messages, Twitter postings, video, instant messages, records and memoranda to file, any written letter, memorandum, or other document which was sent by one or more individuals and/or entities to another or others. Please note that if a particular “WRITING” exists in more than one form, each different : form is an “original” within the meaning intended by this demand. Also, if additional copies 10 exist of original “WRITINGS,” which copies are no longer identical to the initial original 11 (whether because of other markings or modifications of any kind), each such non-identical copy 12 is to be construed as a separate “original writing” subject to identification and production by you 13 pursuant to this demand. 14 5. “INCLUDING” shall mean “including but not limited to.” 15 6 “PERSON” or “PERSONS” shall mean a natural person, firm, association, 16 corporation, partnership, business, trust, or any other form of legal entity. 17 7. “EMPLOYEE(S)” shall mean any director, trustee, officer, employee, partner, 18 corporate parent, subsidiary, affiliate or servant of the designated entity, whether active or 19 retired, full-time or part-time, current or former, and compensated or not. 20 8 “YOU,” “YOUR,” or “SWEET PRODUCTION” shall mean Plaintiff and Cross- 21 Defendant Sweet Production, Inc., and anyone acting on its behalf, including, but not limited to, 22 employees, affiliates, related companies, agents, and contractors of SWEET PRODUCTION. 23 9 “SHA” shall mean Defendant and Cross-Complainant Solomon Sha." 24 10. “SWEET EXPRESS” shall mean Cross-Defendant Sweet Express, and anyone 25 acting on its behalf, including, but not limited to, employees, affiliates, related companies, 26 agents, and contractors of SWEET EXPRESS. 27 11. “MING CHIN” shall mean Cross-Defendant Ming Chin, also known as Terry 28 Chin, and anyone acting on his behalf, REQUESTS FOR PRODUCTION CASE No. 18-CIV-03110 12. “DOREEN CHIN” shall mean Cross-Defendant Doreen Chin, and anyone acting on her behalf. 13. “And,” “or” and “and/or” shall be construed disjunctively or conjunctively, as necessary, to bring within the scope of any request for production and inspection of documents and things which may otherwise be construed to be outside the scope thereof. 14, Any word written in the present tense herein shall be construed as written in the past tense, or vice versa, as necessary, to facilitate the response to any request for production and inspection of documents and things. ‘15. The singular shall include the plural and the plural shall include the singular. 10 11 REQUESTS FOR PRODUCTION 12 1 All DOCUMENTS and COMMUNICATIONS supporting YOUR allegation in 13 paragraph 9 of the Complaint that SHA “conspire[ed] with subordinates to falsify employee time 14 records.” 15 2 AJl DOCUMENTS and COMMUNICATIONS supporting YOUR allegation in 16 paragraph 9 of the Complaint that SHA “fail{ed] to report the falsified employee time records to 17 SPI.” 18 3 All DOCUMENTS and COMMUNICATIONS supporting YOUR allegation in 19 paragraph 9 of the Complaint that SHA “conceal[ed] the falsified employee time records from 20 SPL” 21 4. All DOCUMENTS and COMMUNICATIONS supporting YOUR allegation in 22 paragraph 9 of the Complaint that SHA “receiv[ed] cash proceeds from the falsified employee 23 time records for his own benefit.” 24 5 All DOCUMENTS and COMMUNICATIONS supporting YOUR allegation in 25 paragraph 10 of the Complaint that YOU became aware of SHA’s alleged scheme in and around 26 late April 2016. 27 28 REQUESTS FOR PRODUCTION CASE No, 18-CIV-03110 6. All DOCUMENTS and COMMUNICATIONS REGARDING the alleged scheme that was provided to YOU from “the employee who assisted Sha in carrying out” the scheme as alleged in paragraph 11 of the Complaint. 7 All DOCUMENTS and COMMUNICATIONS supporting YOUR allegation in paragraph 12 that “other events occurred that lent credibility to the allegations against [SHA].” 8. All DOCUMENTS and COMMUNICATIONS supporting YOUR allegation in paragraph 13 of the Complaint that “Sha became upset with the company around January 2016.” 9. ‘All DOCUMENTS and COMMUNICATION supporting YOUR allegation in paragraph 14 of the Complaint that “the departments responsible for distributing SPI’s goods 10 being chronically understaffed.” 11 10. All DOCUMENTS and COMMUNICATION supporting YOUR allegation in 12 paragraph 14 of the Complaint that “deadlines for early-morning customer deliveries [were] 13 repeatedly missed.” ! 14 i. All DOCUMENTS and COMMUNICATIONS supporting YOUR allegation in 15 paragraph 15 of the Complaint that SWEET PRODUCTION was “losing the amounts paid in 16 wages because of falsified employee time records for wages that were not actually earned.” 17 12. All DOCUMENTS and COMMUNICATION supporting YOUR allegation in 18 paragraph 15 of the Complaint that SWEET PRODUCTION was “losing the amounts paid in 19 payroll taxes and other liabilities because of falsified employee time records for wages that were 20 not actually earned.” 21 13. All DOCUMENTS and COMMUNICATION supporting YOUR allegation in 22 paragraph 15 of the Complaint that SWEET PRODUCTION was “losing prospective income 23 from customers who scaled back or ceased doing business with SPI because of untimely 24 deliveries.” 25 14, All DOCUMENTS and COMMUNICATIONS containing any statements miade 26 to YOU by anyone with personal knowledge of the facts at issue in this case. 27 28 REQUESTS FOR PRODUCTION CaSE No. 18-CIV-03110 15. ALL COMMUNICATIONS between YOU and SHA in the past five years, including letters, emails, text messages, and any other written or electronic J COMMUNICATIONS. 16. Any contract or agreement between YOU and Fountain Café in Oakland since 2008. 17. All DOCUMENTS and COMMUNICATIONS between YOU and Fountain Café in Oakland RELATED to scaling back or ceasing to do business with YOU since 2008. 18. Any contract or agreement between YOU and Grand Hyatt San Francisco since 2008. 10 19. All DOCUMENTS and COMMUNICATIONS between YOU and Grand Hyatt i San Francisco RELATED TO scaling back or ceasing to do business with YOU since 2008. 12 20. _Any contract or agreement between YOU and Courtyard by Marriott San 1 13 Francisco Downtown since 2008. 14 21. All DOCUMENTS and COMMUNICATIONS between YOU and Courtyard by 15 Marriott San Francisco Downtown RELATED TO scaling back or ceasing to do business with 16 YOU since 2008. 17 22. Any contract or agreement between YOU and the Holiday Inn San Jose since 18 2008. 19 23. All DOCUMENTS and COMMUNICATIONS between YOU and the Holiday 20 Inn San Jose RELATED TO scaling back or ceasing to do business with YOU since 2008. 21 24, Any contract or agreement between YOU and Team San Jose at the San Jose 22 Convention Center and Visitors Bureau since 2008. 23 25. All DOCUMENTS ‘and COMMUNICATIONS between YOU and Team San Jose 24 at the San Jose Convention Center and Visitors Bureau RELATED TO scaling back or ceasing to 25 do business with YOU since 2008. 26 26. All DOCUMENTS which RELATE TO, REFER TO, or evidence any and all 27 civil actions, adversary proceedings, arbitrations, or administrative proceedings that have been 28 filed against YOU at any time in the past five years for any alleged misconduct. 5 REQUESTS FOR PRODUCTION Case No. 18-C1V-031 10 27. YOUR entire personnel or similar file RELATED TO SHA. 28. All federal and state complete corporate tax returns (and all accompanying schedules, attachments, documents and k-1s), SWEET PRODUCTION has filed for tax years 2008 to the present. 29. All official corporate records of SWEET PRODUCTION inchiding but not limited to: (i) bylaws; (ii) articles of incorporation; (iii) meeting minutes; (iv) agendas; (v) summaries; (vi) organizational charts; (vii) lists of shareholders. 30. All DOCUMENTS sufficient to IDENTIFY each PERSON having an interest (whether equity, security, debt, or other legal interest) in SWEET PRODUCTION and the value 10 of such interest. 11 31. All DOCUMENTS AND COMMUNICATIONS RELATED TO YOUR 12 investigation into SHA’s alleged misdeeds. 13 32. All DOCUMENTS RELATED TO company policy and/or employment 14 handbook on employee time records. 15 33. All DOCUMENTS and COMMUNICATIONS RELATED TO the termination of 16 the employee by SHA as alleged in paragraph 11. 17 34. All DOCUMENTS and COMMUNICATIONS RELATED to SHA’s ownership 18 interest in SWEET PRODUCTION from 2008 to the present. 19 35. A complete copy of the Sage accounting system data (or any other accounting 20 system SWEET PRODUCTION uses), INCLUDING all detail and supporting documentation for 21 all journal entries, schedules, spreadsheets, and summaries utilized outside of the accounting 22 system to track, organize, summarize, calculate any revenue, expense, liability, asset, or equity 23 amounts. 24 36. All monthly statements for each bank account, investment account or other type 25 of financial account, INCLUDING but not limited to Bank of America accounts, East West Bank 26 accounts and other accounts, INCLUDING but not limited to, monthly, annual, and any other 27 time period bank statements, cancelled checks, withdrawal slips, deposit slips, bank 28 REQUESTS FOR PRODUCTION CASE No. 18-CIV-03110 reconciliations, and wire transfer advices (other documents showing all incoming and outgoing wire transfers) from 2008 to the present. 37. All bank statements for personal bank accounts held by DOREEN CHIN and MING CHIN, INCLUDING but not limited to monthly, annual, and any other time period bank statements, cancelled checks, withdrawal clips, deposit slips, bank reconciliation, and all wire transfer advices (or other DOCUMENTS showing all incoming and outgoing wire transfers) from 2008 to the present. 38. All loans, lines (or other liability) DOCUMENTS INCLUDING all relevant terms such as loan or line amount, date of loan, interest rate, term/payback period, amortization table, 10 lender name/location, all payments made for principal and interest, and all advances made from 11 2008 to the present. 12 39, All DOCUMENTS showing personal payment of business expenses from 2008 to 13 the ‘present. 14 40. All DOCUMENTS showing company payment of personal expenses from 2008 15 to the present. 16 41. All Your loan applications from 2008 to the present. 17 42. All Your insurance applications from 2007 to the present 18 43. All business tax returns, INCLUDING all supporting statements, schedules, and , 19 summaries from 2008 to the present. 20 44. All tax retums for DOREEN CHIN and MING CHIN, INCLUDING all 21 supporting statements, schedules, and summaries from 2008 to the present. 22 45, All credit card monthly statements and payments for any cards or credit lines paid 23 by SWEET PRODUCTION, INCLUDING all credit cards used exclusively, or in part, for the 24 businesses, INCLUDING personal credit cards, and receipts or invoices that initiate each credit 25 card charge. XN 26 46. All Your monthly, quarterly and annual detailed financial statements showing 27 every account utilized by the businesses, INCLUDING but not limited to profit and loss reports, 28 balance sheets, operating statements, and cash flow statements from 2008 to the present. 7 REQUESTS FOR PRODUCTION CASE No. 18-CIV-03110 47. All invoices, or other type of demand for payments, for any expense greater than $1,000 from 2008 to the present. 48, All 1099’s issued by the business INCLUDING proof of payment, including names and all contact information for each 1099 recipient from 2008 to the present. 49. All contracts or agreements with any vendor, supplier, consultant, assistant, or any other type of company or individual from 2008 to the present. 50. All DOCUMENTS showing ownership interests in SWEET PRODUCT] TON, SWEET EXPRESS, or any other business from 2008 to the present. Si. All board of director meeting minutes, INCLUDING all reports and attachments 10 from 2008 to the present. I 52. All employee/owner/partner/director or other expense reimbursement requests 12 with all relevant receipts from 2008 to the present. 13 \ 53. All payroll records showing all compensation paid to DOREEN CHIN, MING 14 CHIN, and all other employees at SWEET PRODUCTION, SWEET EXPRESS, and any other 15 related entity from 2008 to the present. 16 54. All DOCUMENTS RELATED TO all distributions to owners/partners/directors 17 or others from 2008 to the present. 18 55. All employee bonuses and DOCUMENTS and COMMUNICATIONS showing 19 how each bonus amount was calculated from 2008 to the present. 20 56. All COMMUNICATIONS between DOREEN CIN, MING CHIN, and Chen Lai 21 from 2008 to the present. 22 37. All DOCUMENTS and COMMUNICATIONS RELATED TO lowering SHA’s 23 ownership in SWEET PRODUCTION, INCLUDING but not limited to email 24 COMMUNICATIONS and text messages. 25 58. All DOCUMENTS and COMMUNICATIONS that support any of YOUR 26 responses to the Form Interrogatories. 27 59. All DOCUMENTS and COMMUNICATIONS that support any of YOUR 28 responses to the Special Interrogatories. REQUESTS FOR PRODUCTION CASE No, 18-CIV-03110 60. All DOCUMENTS on which YOU intend to rely at trial. 61: All DOCUMENTS regarding the formation and ownership of Sweet Express. 62. All YOUR policies of insurance, including declaration pages, for D&O, B&O or casualty insurance from 2008 to the present. 63. All DOCUMENTS and COMMUNICATIONS to SHA from YOU, DOREEN CHIN, MING CHIN, or any other person connected with or affiliated to YOU, regarding the alleged malfeasance of SHA alleged in the compliant DATED: July 27, 2018 Respectfully submitted, 10 MICLEAN GLEASON LLP 11 12 13 D avid J. Miclean Carmen M. Aviles 14 Attorneys for Defendant and Cross-Complainant Solomon Sha 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUESTS FOR PRODUCTION CASE No. 18-CIV-03110 ’ DAVID J. MICLEAN (SBN 115098) dmiclean@micleangleason.com CARMEN M. AVILES (SBN 251993) caviles@micleangleason.com MICLEAN GLEASON LLP 411 Borel Avenue, Suite 310 San Mateo, CA 94402 Telephone: (650) 684-1181 Facsimile: (650) 684-1182 Attorneys for Defendant Solomon Sha SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN MATEO i 12 SWEET PRODUCTION, INC., a California Case No. 18-CIV-03110 13 Corporation, 14 SOLOMON SHA’S SPECIAL Plaintiff, INTERROGATORIES TO SWEET 15 PRODUCTION, INC. (SET ONE) Vv. 16 SOLOMON SHA, an individual; and DOES 1 Complaint Filed: June 18, 2018 17 to 10, inclusive, Trial Date: 18 Defendants. 19 20 SOLOMON SHA, 21 Cross-Complainant, 22 v. 23 SWEET PRODUCTION, INC., a California 24 corporation; SWEET EXPRESS; MING CHIN; DOREEN CHIN; and ROES 1 through 10, 25 inclusive, 26 Cross-Defendants. 27 28 SPECIAL INTERROGATORIES CASE No. 18-CIV-03110 PROPOUNDING PARTIES: SOLOMON SHA RESPONDING PARTY: SWEET PRODUCTION, INC. SET NUMBER: ONE TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Pursuant to Code of Civil Procedure § 2033.030, Defendant and Cross-Complainant Solomon Sha (“Defendant,” “Mr. Sha,” or “Propounding Party”) hereby requests that Plaintiff and Cross-Defendant Sweet Production, Inc. (“Sweet Production,” “Plaintiff,” or “Responding Party”) respond to the following interrogatories in writing and under oath, and serve a copy on Propounding Party and his attorneys at the law firm of Miclean Gleason LLP located at 411 10 Borel Avenue, Suite 310, San Mateo, California, no later than thirty (30) days after the service 11 hereof. 12 INSTRUCTIONS 13 In answering these interrogatories, Responding Party is required to furnish all 14 information within the scope of the interrogatories that is personally known or reasonably 15 available to Responding Party, including information in Responding Party’s possession, custody, 16 or control, or in the possession, custody, or control of any attommey retained by Responding Party. 17 When these interrogatories call for information or a document that was previously in Responding 18 Party’s possession, custody, or control, Responding Party should identify its present location and 19 custodian if known, or otherwise its last known location and custodian. 20 Pursuant to California Code of Civil Procedure Section 2030.220, in the event that 21 Responding Party does not have sufficient personal knowledge to fully answer an interrogatory, 22 so state, making a reasonable and