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DAVID J. MICLEAN (SBN 115098)
dmiclean@micleangleason.com
DANIELLE M. MIHALKANIN (SBN 271442)
FILED
SAN MATEQ COUNTY
dmihalkanin@micleangleason.com
MICLEAN GLEASON LLP
NOV 1 8 2019
411 Borel Avenue, Suite 310 ey Clerk of the ie Court
San Mateo, CA 94402
Telephone: (650) 684-1181 QEPUTY CLERC
Facsimile: (650) 684-1182 Be cv jostta
atin in Support
Attorneys for Defendant and Cross-Complainant
Solomon Sha
| il IEA
SUPERIOR COURT OF THE evake OF CALIFORNIA
10 COUNTY OF SAN MATEO
11 |
12 SWEET PRODUCTION, INC., a California Case|No. 18-CIV-03110
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
16 SOLOMON SHA, an individual; and DOES 1 to PLAINTIFF SWEET PRODUCTION, INC.;
10, inclusive. OR, IN THE ALTNATIVE, FOR AN ORDER
SHORTENING TIME
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Defendants.
18 Date: November 18, 2019
|
19 Time: 2:00 p.m
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.
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MIHALKANIN DECL. ISO MOTION FOR SANCTIONS/SHORTENED TIME 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.; or, in the Alternative, for an Order Shortening Time.
2 Tam 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 testifycompetently and truthfully.
10 4 Attached hereto as Exhibit A is a true and correct copy of the Proof of Service of the
il Court’sNovember 1, 2019 Order Granting Solomon Sha’s Ex Parte Motion to Compel Discovery
12 Responses from Plaintiff Sweet Production, Inc., Deeming Objections Waived, which was filed with the
13 Court on November 4, 2019, and a courtesy email sent with the order on November 4, 2019.
14 5 Pursuant to California Rules of Court 3.1203, 3.1204, and Local Civil Rule 3.19, I
15 notified SPI’s counsel of this Ex Parte Motion. Attached hereto as Exhibit B is a true and correct copy
16 of my November 14, 2019 correspondence with SPI’s counsel pursuant to California Rules of Court
17 3.1203, 3.1204, and Local Civil Rule 3.19, including proof of delivery via Federal Express prior to
18 10:00 a.m. on Friday, November 15, 2019.
19 6 As of the time of this filing, counsel for SPI has not responded to my November 14, 2019
20 correspondence serving as notice of this motion.
21 7 Attached hereto as Exhibit Cis a true and correct copy of the Declaration of Danielle M.
22 Mihalkanin in Support of Solomon Sha’s Motion Ex Parte Motion to Compel, filed November 1, 2019,
23 and the exhibits thereto.
24 8 My billing rate on this matter is $425 per hour. I spent approximately 10 hours to prepare
25 this motion and the declaration, and to gather the exhibits attached to my declaration. I estimate it will
26 take an additional 2-3 hours to prepare for and attend a hearing. SPI should be sanctioned for the total
27 cost of this motion, which is estimated at $5,000.
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MIHALKANIN DECL. ISO MOTION FOR SANCTIONS/ SHORTENED TIME CASE NO. 18-CIV-03110
l
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 t isdeclaration was executed this 18th day of
November, 2019, in San Mateo, California. '
1
By: Danule Th. Dba >
Danielle M. Mihalkanin
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MIHALKANIN DECL. ISO MOTION FOR SANCTIONS/SHORTENED TIME CASE NO. 18-CIV-03110
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EXHIBIT A
DAVID J. MICLEAN (SBN 115098) :
dmiclean@micleangleason.com
DANIELLE M. MIHALKANIN (SBN 271442) i ED
dmihalkanin@micleangleason.com MATEO COUNTY
MICLEAN GLEASON LLP
411 Borel Avenue, Suite 310 NOV 04 2019
San Mateo, CA 94402
Telephone: (650) 684-1181
Facsimile: (650) 684-1182 sy fd.
Attorneys fot Defendant and Cross-Complainant
Solomon Sha
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
10
lL
SWEET PRODUCTION, INC., a California Case No. 18-CIV-03110
12 corporation,
13 Plaintiff, PROOF OF SERVICE
14 1
v,
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SOLOMON SHA, an individual; and DOES 1 to
16 10, inclusive,
\
17 Defendants. ———,
18
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AND RELATED CROSS-ACTION.
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wom ===
4.
ae
Si
38427
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-
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Soro CASE NO, 18-CIV-03110
I, the undersigned, hereby certify that I am a citizen of the United States, over the age of
18, and am not a party to the within action. I am employedin the office of a member of the bar
of this Court at whose direction this service was made. My business address is 411 Borel
Avenue, Suite 310, San Mateo, California 94402. On the date set forth below, the following
was served:
. DEFENDANT SOLOMON SHA’S EX PARTE NOTICE OF MOTION AND
MOTION TO COMPEL DISCOVERY RESPONSES FROM PLAINTIEF
SWEET PRODUCTION, INC., DEEMING OBJECTIONS WAIVED, AND
MONETARY SANCTIONS.
DECLARATION OF DANIELLE M. MIHALKANIN IN SUPPORT OF
DEFENDANT SOLOMON SHA’S EX PARTEMOTION TO COMPEL
DISCOVERY RESPONSES FROM PLAINTIFF SWEET PRODUCTION,
INC., DEEMING OBJECTIONS WAIVED, AND MONETARY SANCTIONS
10
ORDER GRANTING SOLOMON SHA’S EX PARTE MOTION TO COMPEL
11 DISCOVERY RESPONSES FROM PLAINTIFF SWEET PRODUCTION,
INC., DEEMING OBJECTIONS WAIVED
12
on the following person(s) by the method(s) indicated below:
13
14 Andrew M. Agtagma Counsel for
Sweet Production, Inc.
Law Center P.C. Tel. 650-372-2600
15 951 Mariners Island Boulevard, Suite 300 Email: ama@lawcenter-esq.com
San Mateo, CA 94404
16
7
Sweet Express
18 Ming Chin
Doreen Chin In Pro Per
19 915 Terminal Way
20 San Carlos, CA 94070
21
[X] BY UNITED STATES MAIL: By placing the document(s) listed above in a sealed
envelope(s) with postage thereon fully prepaid, for deposit in the United States mail at
San Mateo, California addressed as set forth above. J am readily familiar with the firm’s
practice of collection and processing correspondence for mailing. Under that practice it
would be deposited with the U.S. Postal Service on that same day, with postage thereon
24 fully prepaid in the ordinary course of business.
25
CJ BY ELECTRONIC SERVICE: By causing’a true copy thereof to be emailed to the
26 addresses at the email addresses indicated.
27 C ] BY OVERNIGHT DELIVERY: by placing the document(s) listed above in a sealed
FedEx envelope(s) for overnight delivery to the person(s) at the address(es) set forth
28 herein.
PROOF OF SERVICE CASE NO. 18-CIV-03110
I
C] BY PERSONAL DELIVERY: by effecting same-day personal delivery of the
document(s) listed above to the person(s) at the address(es) set forth herein.
I declare under penalty ofperjury under the laws ofthe State of California and the United States
of America that the above is true and correct. Executed at San Mateo, California, on November 4, 2019.
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PROOF OF SERVICE CASE NO. 18-CIV-03110
| 1
Douglas Collins |
From: Douglas Collins
Sent: Monday, November 04, 2019 10:31 A\
To: Andrew M. Agtagma, Esq.
Ce: ‘Miclean, David (Dave)'; Danielle Mihalkanin (DMihalkanin@micleangleason.com)
Subject: Sha adv. Sweet Production - Order Granting Sha's Ex Parte Motion to Compel
Attachments: 20191101 Ex Parte Motion to CompelPlaintiff.pdf; 20191101 Decl DMM ISO Ex Parte
Motion to Compel (incl exhibits).pdf; 20191101 Order Granting Ex Parte Motion to
Compel.pdf
Tracking: Recipient Delivery
Andrew M. Agtagma, Esq.
‘Miclean, David (Dave)* Delivered: 11/4/2019 10:31 AM
Danielle Mihalkanin. Delivered: 11/4/2019 10:31 AM
(DMihalkanin@micleangleason.com)
Dear Mr. Agtagma:
it
Please find attached filed/endorsed copies of the following documents fi tom the ex parte hearing held on Friday,
November 1, 2019:
|
1, Solomon Sha’s Ex Parte Motion to Compel Discovery Responses from Plaintiff Sweet Production, Inc.;
2. Declaration of Danielle M. Mihalkanin
in Support [includes Exhibits A-E]; and
3: Order Granting Sha’s Ex Parte Motion to Compel Discovery Responses.
Paper copies will follow via U.S. mail. Thank you.
Douglas D. Collins
Legal Secretary
MICLEANGLEASONS
411 Borel Avenue, Suite 310
San Mateo, CA 94402
650 684 1181 (main)
650 684 1182 (fax)
icollins@micleangleason.com
The information contained in this electronic message and any attachments
to this message are intended for the exclusive
use of the addressee(s) and may contain confidential or legally privileged information intended for the sole use of the
designated recipient(s). The unlawful interception, use or disclosure of such information is strictly prohibited under 18
USCA 2511 and any applicable laws. Any review, reliance or distribution by others or forwarding without express
permission is strictly prohibited. If you are not the intended recipient, or have received this communication in error please
notify Miclean Gleason LLP immediately at (650) 684-1181 or admin@micleangleason.com and destroy all copies of this
message and any attachments without reading them or saving them todisk] Thank you.
Douglas Collins
1
From: Microsoft Outlook
To: Andrew M. Agtagma, Esq. |
Sent: Monday, November 04, 2019 10:31 AM
Subject: Relayed: Sha adv. Sweet Production - Order Granting Sha's Ex Parte Motion to Compel
Delivery to these recipients or groups is complete, but no delivery notification was sent by the
destination server:
Andrew M., Agtagma, Esq. (ama@lawcenter-esq.com)
Subject: Sha adv. Sweet Production - Order Granting Sha's Ex Parte Motion to Compel
a Exhibit B
ee
EXHIBIT B
DANIELLE M. MIHALKANIN, PRINCIPAL
(WICLEANGLE/ SONS
T: 650.684.1181
DMIHALKANIN@MICLEANGLEASON.COM,
November 14, 2019
Via Federal Express — First Overnight
Andrew M. Agtagma, Esq.
Law Center
951 Mariners Island Boulevard, Suite 300
San Mateo, CA 94404
ama@lawcenter-esq.com
1
RE: Sweet Production, Inc. v. Solomon Sha (and related Cross-Complaint)
San Mateo County, Case No. 18-CIV-03110 1
i
Dear Mr. Agtagma: i
t
This letter serves as notice under CRC 3.1204 that counsel williappear on behalf of Defendant Solomon
Sha on Monday, November 18, 2019 at 2:00 p.m. before the Law & Motion Department located at 400
County Center, Redwood City, California 94063 to submit an Ex Parte Application for an order
shortening time to hear Mr. Sha’s motion for terminating sanctions and monetary sanctions against
Plaintiff Sweet Productions, Inc. (“SPI”).
Please let me know by 5:00 p.m. tomorrow (Friday) whether you will appear to oppose the application.
Sincerely,
Mera,
, Vado
Danielle M. Mihalkanin
i
411 Borel Avenue, Suite 310 |
San Mate 10, CA 94402
ornce 650 684 1181 wes Www.micleangleason.com
11/15/2019 Track your package or shipment with FedE; ving
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FedEx. |1
776992082937 \ % 2 ©
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Delivered 1
Friday 11/15/2019 at 9:44 am
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DELIVERED
Signed for by: TTROV
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Fay i "ei Paahis. ei Fouk
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GET STATUS UPDATES
OBTAIN PROOF OF DELIVERY
FROM TO
Miclean Gleason LLP Law Center
David Miclean Mr. Andrew M. Agtagma
411 Borel Avenue Suite 310 ‘SAN MATEO, CA US 94404
SAN MATEO, CA US 94402 650 372-2600
650 684-1181
Shipment Facts.
TRACKING NUMBER SERVICE DOOR TAG NUMBER
776992082937 FedEx First Overnight ou 05349193070
WEIGHT DELIVERY ATTEMPTS DELIVERED To
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Fri 11/15/2019 9:44 am
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11/15/2019 Track your package or shipment with FedE~ <
Sent: Thursday, October 03, 2019 1:11 PM
To: Danielle Mihalkanin
Cec: 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. 1 understand that you are
requesting a courtesy copy, and | am noting that request. But ! am not committing to providing one.
Regards,
Andrew M. Agtagma, Esq.
ma@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: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
FAICLEANGL BA
ELE SONS
411 Borel Ave., Suite 310
San Mateo, CA 94402
650 684 1181 (main)
650 684 1182 (fax)
www.micleangleason.com
dmihalkanin@micleangleason.com
oe - _ panes san
From: And Tew M. Agtagma, Esq.
Sent: Thursday, October 3, 2019 11:10 AM
To: Danielle Mihalkanin
1
Cc: 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.
ima@lawcenter-esq.com: |1
NOTICE OF CONFIDENTIALITY: This e-mail is covered by the ElectronicCommunications 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. ;
|
|
7
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From: Danielle Mihalkanin [mailto:DMi Ikanin@mic! leason.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 SPI’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.
- sen ae
From: Andrew M. Agtagma, Esq.
Sent: Thursday, October 3, 2019 10:09 AM
To: Danielle Mihalkanin
Ce: 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. Is there something new that you're
asking me? If not, my answer is still the same.
Regards,
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 theretolis 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 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 wellas the
second set of requests will be completed October 11.
Thanks,
Danielle
Danielle M. Mihalkanin
Senior Counsel
78,
RUCLEANGLE $6 Wo
411 Borel Ave., Suite 310
San Mateo, CA 94402
650 684 1181 (main)
650 684 1182 (fax)
www.micleangleason.com
dmihalkanin@micleangleason.com
.
- wee see
From: Andrew M.‘Agtagma, Es 50.
sa,
Sent: Thursday, September 19, 2019 5:22 PM
To: Danielle Mihalkanin
Ce: 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.
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 fs 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 notthe
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.co!
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
PIAICLEANSLEASON
411 Borel Ave., Suite 310
San Mateo, CA 94402
650 684 1181 (main)
|
650 684 1182 (fax)
www.micleangleason.com
dmihalkanin@micleangleason.com
oo
From . Andrew M. Agtagma, Esq.
Sent: Thursday, September 19, 2019 3:33 PM.
To: Danielle Mihalkanin
Cc: David Miclean ; Douglas Collins
Subject: RE: Sha adv. Sweet Production- Discovery
i
Hi Ms. Mihalkanin, '|
1
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,
Andrew M. Agtagma, Esq.
ama@Jawcenter-esq.com
NOTICE OF CONFIDENTIALITY: This e-mail is covered by the ElectronicCommutications 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.
| I
From: Danielle Mihalkanin [mailto:DMihalkanin@micleangleason.com !
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
ona 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
eeBs
PAICLEANSL 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
EXHIBIT B
Douglas 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-031 10) - 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 jin 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
MICLEANSLEASONS
411 Borel Ave., Suite 310
San Mateo, CA 94402
650 684 1181 (main)
650 684 1182 (fax)
www.micleangleason.com
dmihalkanin@micleangleason.com
X H I B I T C
E
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
Attomeys for Defendant and Cross-Complainant
Solomon Sha
i
1
SUPERIOR COURT OF THE STATE OF CALIFORNIA.
10
COUNTY OF SAN MATEO
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SWEET PRODUCTION, INC., a California Case No. 18-CIV-03110
13 Corporation, I
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 Cdmplaint Filed: june 18, 2018
17 to 10, inclusive, Trial Date:
18
Defendants.
19
20
SOLOMON SHA,
21
Cross-Complainant,
22
Vv.
23
SWEET PRODUCTION, INC., a California
24 corporation; SWEET EXPRESS; MING CHIN;
DOREEN CHIN; and DOES | 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.
1
SET NUMBER: ONE i
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
|
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 andCross-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 attomeys at Miclean
10 Gleason LLP, 411 Borel Avenue, Suite 310, SanMateo, CA 94402 within thirty days from the
1
Il 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
t
17 indirectly. |
18 2. “CONCERNING” shall meananalyzing, 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
11
21 matter of the request.
!|
22 3 “COMMUNICATION” shallmean 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; d 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-CIV-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.
7
17 “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 onits behalf, including, but not limited to, employees, affiliates, related companies,
26 agents, and contractors of SWEET EXPRESS.
27 il. “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, All 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 SPI.”
21 4. All DOCUMENTS and COMMUNICATIONS supporting YOUR allegation in
22 paragraph 9 of the Complaint that SHA “teceiv[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.”
iM 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 11. 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
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.” 1
25 14, All DOCUMENTS and COMMUNICATIONS containing any statements made
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
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
IL 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
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 Ini 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.
Preview
DAVID J. MICLEAN (SBN 115098) dmiclean@micleangleason.com DANIELLE M. MIHALKANIN (SBN 271442) FILED SAN MATEQ COUNTY dmihalkanin@micleangleason.com MICLEAN GLEASON LLP NOV 1 8 2019 411 Borel Avenue, Suite 310 ey Clerk of the ie Court San Mateo, CA 94402 Telephone: (650) 684-1181 QEPUTY CLERC Facsimile: (650) 684-1182 Be cv jostta atin in Support Attorneys for Defendant and Cross-Complainant Solomon Sha | il IEA SUPERIOR COURT OF THE evake OF CALIFORNIA 10 COUNTY OF SAN MATEO 11 | 12 SWEET PRODUCTION, INC., a California Case|No. 18-CIV-03110 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 16 SOLOMON SHA, an individual; and DOES 1 to PLAINTIFF SWEET PRODUCTION, INC.; 10, inclusive. OR, IN THE ALTNATIVE, FOR AN ORDER SHORTENING TIME 17 Defendants. 18 Date: November 18, 2019 | 19 Time: 2:00 p.m 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 MIHALKANIN DECL. ISO MOTION FOR SANCTIONS/SHORTENED TIME 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.; or, in the Alternative, for an Order Shortening Time. 2 Tam 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 testifycompetently and truthfully. 10 4 Attached hereto as Exhibit A is a true and correct copy of the Proof of Service of the il Court’sNovember 1, 2019 Order Granting Solomon Sha’s Ex Parte Motion to Compel Discovery 12 Responses from Plaintiff Sweet Production, Inc., Deeming Objections Waived, which was filed with the 13 Court on November 4, 2019, and a courtesy email sent with the order on November 4, 2019. 14 5 Pursuant to California Rules of Court 3.1203, 3.1204, and Local Civil Rule 3.19, I 15 notified SPI’s counsel of this Ex Parte Motion. Attached hereto as Exhibit B is a true and correct copy 16 of my November 14, 2019 correspondence with SPI’s counsel pursuant to California Rules of Court 17 3.1203, 3.1204, and Local Civil Rule 3.19, including proof of delivery via Federal Express prior to 18 10:00 a.m. on Friday, November 15, 2019. 19 6 As of the time of this filing, counsel for SPI has not responded to my November 14, 2019 20 correspondence serving as notice of this motion. 21 7 Attached hereto as Exhibit Cis a true and correct copy of the Declaration of Danielle M. 22 Mihalkanin in Support of Solomon Sha’s Motion Ex Parte Motion to Compel, filed November 1, 2019, 23 and the exhibits thereto. 24 8 My billing rate on this matter is $425 per hour. I spent approximately 10 hours to prepare 25 this motion and the declaration, and to gather the exhibits attached to my declaration. I estimate it will 26 take an additional 2-3 hours to prepare for and attend a hearing. SPI should be sanctioned for the total 27 cost of this motion, which is estimated at $5,000. 28 1 MIHALKANIN DECL. ISO MOTION FOR SANCTIONS/ SHORTENED TIME CASE NO. 18-CIV-03110 l 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 t isdeclaration was executed this 18th day of November, 2019, in San Mateo, California. ' 1 By: Danule Th. Dba > Danielle M. Mihalkanin 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ‘ 2 MIHALKANIN DECL. ISO MOTION FOR SANCTIONS/SHORTENED TIME CASE NO. 18-CIV-03110 | EXHIBIT A DAVID J. MICLEAN (SBN 115098) : dmiclean@micleangleason.com DANIELLE M. MIHALKANIN (SBN 271442) i ED dmihalkanin@micleangleason.com MATEO COUNTY MICLEAN GLEASON LLP 411 Borel Avenue, Suite 310 NOV 04 2019 San Mateo, CA 94402 Telephone: (650) 684-1181 Facsimile: (650) 684-1182 sy fd. Attorneys fot Defendant and Cross-Complainant Solomon Sha SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 10 lL SWEET PRODUCTION, INC., a California Case No. 18-CIV-03110 12 corporation, 13 Plaintiff, PROOF OF SERVICE 14 1 v, 15 SOLOMON SHA, an individual; and DOES 1 to 16 10, inclusive, \ 17 Defendants. ———, 18 19 AND RELATED CROSS-ACTION. 20 21 22 23 wom === 4. ae Si 38427 28 - | Soro CASE NO, 18-CIV-03110 I, the undersigned, hereby certify that I am a citizen of the United States, over the age of 18, and am not a party to the within action. I am employedin the office of a member of the bar of this Court at whose direction this service was made. My business address is 411 Borel Avenue, Suite 310, San Mateo, California 94402. On the date set forth below, the following was served: . DEFENDANT SOLOMON SHA’S EX PARTE NOTICE OF MOTION AND MOTION TO COMPEL DISCOVERY RESPONSES FROM PLAINTIEF SWEET PRODUCTION, INC., DEEMING OBJECTIONS WAIVED, AND MONETARY SANCTIONS. DECLARATION OF DANIELLE M. MIHALKANIN IN SUPPORT OF DEFENDANT SOLOMON SHA’S EX PARTEMOTION TO COMPEL DISCOVERY RESPONSES FROM PLAINTIFF SWEET PRODUCTION, INC., DEEMING OBJECTIONS WAIVED, AND MONETARY SANCTIONS 10 ORDER GRANTING SOLOMON SHA’S EX PARTE MOTION TO COMPEL 11 DISCOVERY RESPONSES FROM PLAINTIFF SWEET PRODUCTION, INC., DEEMING OBJECTIONS WAIVED 12 on the following person(s) by the method(s) indicated below: 13 14 Andrew M. Agtagma Counsel for Sweet Production, Inc. Law Center P.C. Tel. 650-372-2600 15 951 Mariners Island Boulevard, Suite 300 Email: ama@lawcenter-esq.com San Mateo, CA 94404 16 7 Sweet Express 18 Ming Chin Doreen Chin In Pro Per 19 915 Terminal Way 20 San Carlos, CA 94070 21 [X] BY UNITED STATES MAIL: By placing the document(s) listed above in a sealed envelope(s) with postage thereon fully prepaid, for deposit in the United States mail at San Mateo, California addressed as set forth above. J am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day, with postage thereon 24 fully prepaid in the ordinary course of business. 25 CJ BY ELECTRONIC SERVICE: By causing’a true copy thereof to be emailed to the 26 addresses at the email addresses indicated. 27 C ] BY OVERNIGHT DELIVERY: by placing the document(s) listed above in a sealed FedEx envelope(s) for overnight delivery to the person(s) at the address(es) set forth 28 herein. PROOF OF SERVICE CASE NO. 18-CIV-03110 I C] BY PERSONAL DELIVERY: by effecting same-day personal delivery of the document(s) listed above to the person(s) at the address(es) set forth herein. I declare under penalty ofperjury under the laws ofthe State of California and the United States of America that the above is true and correct. Executed at San Mateo, California, on November 4, 2019. 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE CASE NO. 18-CIV-03110 | 1 Douglas Collins | From: Douglas Collins Sent: Monday, November 04, 2019 10:31 A\ To: Andrew M. Agtagma, Esq. Ce: ‘Miclean, David (Dave)'; Danielle Mihalkanin (DMihalkanin@micleangleason.com) Subject: Sha adv. Sweet Production - Order Granting Sha's Ex Parte Motion to Compel Attachments: 20191101 Ex Parte Motion to CompelPlaintiff.pdf; 20191101 Decl DMM ISO Ex Parte Motion to Compel (incl exhibits).pdf; 20191101 Order Granting Ex Parte Motion to Compel.pdf Tracking: Recipient Delivery Andrew M. Agtagma, Esq. ‘Miclean, David (Dave)* Delivered: 11/4/2019 10:31 AM Danielle Mihalkanin. Delivered: 11/4/2019 10:31 AM (DMihalkanin@micleangleason.com) Dear Mr. Agtagma: it Please find attached filed/endorsed copies of the following documents fi tom the ex parte hearing held on Friday, November 1, 2019: | 1, Solomon Sha’s Ex Parte Motion to Compel Discovery Responses from Plaintiff Sweet Production, Inc.; 2. Declaration of Danielle M. Mihalkanin in Support [includes Exhibits A-E]; and 3: Order Granting Sha’s Ex Parte Motion to Compel Discovery Responses. Paper copies will follow via U.S. mail. Thank you. Douglas D. Collins Legal Secretary MICLEANGLEASONS 411 Borel Avenue, Suite 310 San Mateo, CA 94402 650 684 1181 (main) 650 684 1182 (fax) icollins@micleangleason.com The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s) and may contain confidential or legally privileged information intended for the sole use of the designated recipient(s). The unlawful interception, use or disclosure of such information is strictly prohibited under 18 USCA 2511 and any applicable laws. Any review, reliance or distribution by others or forwarding without express permission is strictly prohibited. If you are not the intended recipient, or have received this communication in error please notify Miclean Gleason LLP immediately at (650) 684-1181 or admin@micleangleason.com and destroy all copies of this message and any attachments without reading them or saving them todisk] Thank you. Douglas Collins 1 From: Microsoft Outlook To: Andrew M. Agtagma, Esq. | Sent: Monday, November 04, 2019 10:31 AM Subject: Relayed: Sha adv. Sweet Production - Order Granting Sha's Ex Parte Motion to Compel Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Andrew M., Agtagma, Esq. (ama@lawcenter-esq.com) Subject: Sha adv. Sweet Production - Order Granting Sha's Ex Parte Motion to Compel a Exhibit B ee EXHIBIT B DANIELLE M. MIHALKANIN, PRINCIPAL (WICLEANGLE/ SONS T: 650.684.1181 DMIHALKANIN@MICLEANGLEASON.COM, November 14, 2019 Via Federal Express — First Overnight Andrew M. Agtagma, Esq. Law Center 951 Mariners Island Boulevard, Suite 300 San Mateo, CA 94404 ama@lawcenter-esq.com 1 RE: Sweet Production, Inc. v. Solomon Sha (and related Cross-Complaint) San Mateo County, Case No. 18-CIV-03110 1 i Dear Mr. Agtagma: i t This letter serves as notice under CRC 3.1204 that counsel williappear on behalf of Defendant Solomon Sha on Monday, November 18, 2019 at 2:00 p.m. before the Law & Motion Department located at 400 County Center, Redwood City, California 94063 to submit an Ex Parte Application for an order shortening time to hear Mr. Sha’s motion for terminating sanctions and monetary sanctions against Plaintiff Sweet Productions, Inc. (“SPI”). Please let me know by 5:00 p.m. tomorrow (Friday) whether you will appear to oppose the application. Sincerely, Mera, , Vado Danielle M. Mihalkanin i 411 Borel Avenue, Suite 310 | San Mate 10, CA 94402 ornce 650 684 1181 wes Www.micleangleason.com 11/15/2019 Track your package or shipment with FedE; ving | FedEx. |1 776992082937 \ % 2 © | 1 : | Delivered 1 Friday 11/15/2019 at 9:44 am @ * DELIVERED Signed for by: TTROV Fe o weirsFe Fi ‘ed Fay i "ei Paahis. ei Fouk es Fo xe baFe ef de Fox sah 'f ede eat GET STATUS UPDATES OBTAIN PROOF OF DELIVERY FROM TO Miclean Gleason LLP Law Center David Miclean Mr. Andrew M. Agtagma 411 Borel Avenue Suite 310 ‘SAN MATEO, CA US 94404 SAN MATEO, CA US 94402 650 372-2600 650 684-1181 Shipment Facts. TRACKING NUMBER SERVICE DOOR TAG NUMBER 776992082937 FedEx First Overnight ou 05349193070 WEIGHT DELIVERY ATTEMPTS DELIVERED To 0.5 Ibs/ 0.23 kgs 1 Receptionist/Front Desk TOTAL PIECES. TOTAL SHIPMENT WEIGHT TERMS 1 0.5 Ibs/ 0.23 kgs Shipper SHIPPER REFERENCE PACKAGING SPECIAL HANDLING SECTION SSHA-1701 FedEx Envelope Deliver Weekday | STANDARD TRANSIT SHIP DATE ACTUAL DELIVERY Fri 11/15/2019 9:44 am 11/15/2019 by 8:00 am Thu 11/14/2019 Travel History Local Scan Time wv hitpsufwfedex.com/appstedextraty?action=track&tracknumbers=7768920829371120101114&cnty_code-usslanguage=encilenttype=fhist 12 |I{ 1 11/15/2019 Track your package or shipment with FedE~ < Sent: Thursday, October 03, 2019 1:11 PM To: Danielle Mihalkanin Cec: 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. 1 understand that you are requesting a courtesy copy, and | am noting that request. But ! am not committing to providing one. Regards, Andrew M. Agtagma, Esq. ma@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: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 FAICLEANGL BA ELE SONS 411 Borel Ave., Suite 310 San Mateo, CA 94402 650 684 1181 (main) 650 684 1182 (fax) www.micleangleason.com dmihalkanin@micleangleason.com oe - _ panes san From: And Tew M. Agtagma, Esq. Sent: Thursday, October 3, 2019 11:10 AM To: Danielle Mihalkanin 1 Cc: 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. ima@lawcenter-esq.com: |1 NOTICE OF CONFIDENTIALITY: This e-mail is covered by the ElectronicCommunications 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. ; | | 7 | From: Danielle Mihalkanin [mailto:DMi Ikanin@mic! leason.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 SPI’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. - sen ae From: Andrew M. Agtagma, Esq. Sent: Thursday, October 3, 2019 10:09 AM To: Danielle Mihalkanin Ce: 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. Is there something new that you're asking me? If not, my answer is still the same. Regards, 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 theretolis 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 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 wellas the second set of requests will be completed October 11. Thanks, Danielle Danielle M. Mihalkanin Senior Counsel 78, RUCLEANGLE $6 Wo 411 Borel Ave., Suite 310 San Mateo, CA 94402 650 684 1181 (main) 650 684 1182 (fax) www.micleangleason.com dmihalkanin@micleangleason.com . - wee see From: Andrew M.‘Agtagma, Es 50. sa, Sent: Thursday, September 19, 2019 5:22 PM To: Danielle Mihalkanin Ce: 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. 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 fs 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 notthe 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.co! 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 PIAICLEANSLEASON 411 Borel Ave., Suite 310 San Mateo, CA 94402 650 684 1181 (main) | 650 684 1182 (fax) www.micleangleason.com dmihalkanin@micleangleason.com oo From . Andrew M. Agtagma, Esq. Sent: Thursday, September 19, 2019 3:33 PM. To: Danielle Mihalkanin Cc: David Miclean ; Douglas Collins Subject: RE: Sha adv. Sweet Production- Discovery i Hi Ms. Mihalkanin, '| 1 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, Andrew M. Agtagma, Esq. ama@Jawcenter-esq.com NOTICE OF CONFIDENTIALITY: This e-mail is covered by the ElectronicCommutications 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. | I From: Danielle Mihalkanin [mailto:DMihalkanin@micleangleason.com ! 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 ona 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 eeBs PAICLEANSL 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 EXHIBIT B Douglas 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-031 10) - 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 jin 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 MICLEANSLEASONS 411 Borel Ave., Suite 310 San Mateo, CA 94402 650 684 1181 (main) 650 684 1182 (fax) www.micleangleason.com dmihalkanin@micleangleason.com X H I B I T C E 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 Attomeys for Defendant and Cross-Complainant Solomon Sha i 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA. 10 COUNTY OF SAN MATEO i ' i 12 SWEET PRODUCTION, INC., a California Case No. 18-CIV-03110 13 Corporation, I 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 Cdmplaint Filed: june 18, 2018 17 to 10, inclusive, Trial Date: 18 Defendants. 19 20 SOLOMON SHA, 21 Cross-Complainant, 22 Vv. 23 SWEET PRODUCTION, INC., a California 24 corporation; SWEET EXPRESS; MING CHIN; DOREEN CHIN; and DOES | 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. 1 SET NUMBER: ONE i TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: | 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 andCross-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 attomeys at Miclean 10 Gleason LLP, 411 Borel Avenue, Suite 310, SanMateo, CA 94402 within thirty days from the 1 Il 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 t 17 indirectly. | 18 2. “CONCERNING” shall meananalyzing, 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 11 21 matter of the request. !| 22 3 “COMMUNICATION” shallmean 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; d 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-CIV-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. 7 17 “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 onits behalf, including, but not limited to, employees, affiliates, related companies, 26 agents, and contractors of SWEET EXPRESS. 27 il. “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, All 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 SPI.” 21 4. All DOCUMENTS and COMMUNICATIONS supporting YOUR allegation in 22 paragraph 9 of the Complaint that SHA “teceiv[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.” iM 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 11. 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 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.” 1 25 14, All DOCUMENTS and COMMUNICATIONS containing any statements made 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 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 IL 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 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 Ini 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.