Preview
Electronically Filed
11/13/2020 4:08 PM
Superior Court of California
PATRICIA A. BOYES, ESQ. [SBN: 244335] County of Stanislaus
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ANTHONY L. PEREZ, ESQ. [SBN: 303045] Clerk of the Court
2 HARISH TANGRI, ESQ. [SBN: 325752] By: Sabrina Bouldt, Deputy
BOYESLEGAL, APC
3 84 W. Santa Clara Street, Suite 550
$60 PAID
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San Jose, California 95113-1812
Tel: (408) 572-5665 $30 NOT PAID
5 Fax: (408) 572-5567
6 Attorneys for Plaintiff
CARLEY R. THOMPSON
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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San Jose | San Francisco | Santa Cruz | Los Angeles
STANISLAUS COUNTY – UNLIMITED JURISDICTION
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11 CARLEY R. THOMPSON, Case No.: CV-18-003684
12 Plaintiff, PLAINTIFF CARLEY THOMPSON’S NOTICE
OF MOTION AND MOTION TO COMPEL
BoyesLegal, APC
13 v. DEPOSITION OF DEFENDANTS
DESIGNATED EXPERT WITNESSES AND
14 GERARDO BARAJAS, REALTY ONE FOR ORDER IMPOSING MONETARY
GROUP GOLD, NANCY CALL, KELLER SANCTION AGAINST CENTRAL VALLEY
15 WILLIAMS, KIM MCMILLIAN, FRANCIS VENTURE – STOCKTON DBA KELLER
LEDOUX HOME INSPECTIONS, and WILLIAMS REALTY, KIM MCMILLIAN,
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DOES 1 through 20, inclusive, VANTAS, INC. DBA REALTY ONE GROUP
GOLD, NANCY CALL AND THEIR
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RESPECTIVE COUNSEL OF RECORD, OR IN
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Defendants. THE ALTERNATIVE FOR ORDER
EXCLUDING TESTIMONY OF DESIGNATED
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EXPERT WITNESSES AT TRIAL
20 [Filed Concurrently With Memorandum of
Points and Authorities; Declaration of
21 Anthony L. Perez, Esq.; and [Proposed]
Order]
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23 Date: November 20, 2020
Time: 8:30 A.M.
24 Dept.: 23
25 Judge: Hon. John D. Freeland
26 Complaint Filed: October 25, 2018
27 Trial Date: December 1, 2020
28 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Thompson v. Barajas, et al. CV-18-003684
PLAINTIFF CARLEY THOMPSON’S NOTICE OF MOTION AND MOTION TO COMPEL DEPOSITION OF
DEFENDANTS DESIGNATED EXPERT WITNESSES, ETC.
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1 NOTICE IS HEREBY GIVEN that on November 20, 2020, at 8:30 a.m., or as soon
2 thereafter as counsel may be heard, in Department 23 of the above-entitled court located at
3 801 10th Street, Modesto, California, 95354, Plaintiff CARLEY R. THOMPSON
4 (“THOMPSON”) will and hereby does move the Court for an Order Compelling the
5 Depositions of Defendants CENTRAL VALLEY VENTURE – STOCKTON DBA KELLER
6 WILLIAMS REALTY (sued herein as KELLER WILLIAMS) and KIM MCMILLIAN’s
7 (hereinafter “MCMILLIAN”)(hereinafter collectively “KW DEFENDANTS”) and Defendants
8 VANTAS, INC. DBA REALTY ONE GROUP GOLD (sued herein as “REALTY ONE GROUP
9 GOLD”)(hereinafter “REALTY ONE”) and NANCY CALL’s (hereinafter “CALL”)(collectively
San Jose | San Francisco | Santa Cruz | Los Angeles
10 “REALTY ONE DEFENDANTS”) Designated Expert Witnesses, namely Harold Justman,
11 Esq., William Lemas, Steven Price, Skip Walker and Patty Gillette, Or In The Alternative, For
12 An Order Excluding Harold Justman, Esq., William Lemas, Steven Price, Skip Walker and
BoyesLegal, APC
13 Patty Gillette From Testifying At Trial.
14 NOTICE IS HEREBY FURTHER GIVEN that on November 20, 2020, at 8:30 a.m., or
15 as soon thereafter as counsel may be heard, in Department 23 of the above-entitled court
16 located at 801 10th Street, Modesto, California, 95354, Plaintiff CARLEY R. THOMPSON
17 (“THOMPSON”) will and hereby does further move for an order imposing a monetary
18 sanction against KW DEFENDANTS and REALTY ONE DEFENDANTS and their respective
19 counsel of record, Carlson Law Group, Inc. and Musacchio & Montanari PC, in favor of
20 THOMPSON in the amount of $2,447.70.
21 This Motion will be based on this Notice, the Memorandum of Points and Authorities,
22 Declarations of Anthony L. Perez, Esq., and all other documents and records on file herein,
23 and on such oral and documentary evidence as may be produced at the time of hearing of
24 this motion. Additionally, the motion for imposition of a monetary sanction will be made on the
25 ground that THOMPSON incurred reasonable expenses in the amount specified above as a
26 result of KW DEFENDANTS and REALTY ONE DEFENDANTS and their respective counsel
27 of record, Carlson Law Group, Inc. and Musacchio & Montanari PC, failed to comply with the
28 deposition notices served.
Thompson v. Barajas, et al. CV-18-003684
PLAINTIFF CARLEY THOMPSON’S NOTICE OF MOTION AND MOTION TO COMPEL DEPOSITION OF
DEFENDANTS DESIGNATED EXPERT WITNESSES, ETC.
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1 Pursuant to Local Rules the Court may make a tentative ruling on the merits of this
2 matter by 2:00 p.m., the Court day before the hearing. The complete text of the tentative
3 rulings for the department may be downloaded from the Court's public access site. If you do
4 not have online access, you may call the dedicated phone number for the department as
5 referenced in the local telephone directory, between the hours of 2:00 p.m. and 4:00 p.m. on
6 the Court day before the hearing and listen to the tentative ruling. If you do not call the court
7 and the opposing party by 4:00 p.m. the Court day before the hearing, no hearing will be
8 held.
9 Dated: November 13, 2020 BOYESLEGAL, APC
San Jose | San Francisco | Santa Cruz | Los Angeles
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11 By ______________________________
ANTHONY L. PEREZ, ESQ.
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Attorneys for Plaintiff
BoyesLegal, APC
13 CARLEY R. THOMPSON
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Thompson v. Barajas, et al. CV-18-003684
PLAINTIFF CARLEY THOMPSON’S NOTICE OF MOTION AND MOTION TO COMPEL DEPOSITION OF
DEFENDANTS DESIGNATED EXPERT WITNESSES, ETC.
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