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  • THOMPSON, CARLEY R vs BARAJAS, GERARDOOther Real Property: Unlimited document preview
  • THOMPSON, CARLEY R vs BARAJAS, GERARDOOther Real Property: Unlimited document preview
  • THOMPSON, CARLEY R vs BARAJAS, GERARDOOther Real Property: Unlimited document preview
  • THOMPSON, CARLEY R vs BARAJAS, GERARDOOther Real Property: Unlimited document preview
  • THOMPSON, CARLEY R vs BARAJAS, GERARDOOther Real Property: Unlimited document preview
  • THOMPSON, CARLEY R vs BARAJAS, GERARDOOther Real Property: Unlimited document preview
						
                                

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Electronically Filed 11/13/2020 4:08 PM Superior Court of California PATRICIA A. BOYES, ESQ. [SBN: 244335] County of Stanislaus 1 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 4 San Jose, California 95113-1812 Tel: (408) 572-5665 $30 NOT PAID 5 Fax: (408) 572-5567 6 Attorneys for Plaintiff CARLEY R. THOMPSON 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 San Jose | San Francisco | Santa Cruz | Los Angeles STANISLAUS COUNTY – UNLIMITED JURISDICTION 10 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, 16 DOES 1 through 20, inclusive, VANTAS, INC. DBA REALTY ONE GROUP GOLD, NANCY CALL AND THEIR 17 RESPECTIVE COUNSEL OF RECORD, OR IN 18 Defendants. THE ALTERNATIVE FOR ORDER EXCLUDING TESTIMONY OF DESIGNATED 19 EXPERT WITNESSES AT TRIAL 20 [Filed Concurrently With Memorandum of Points and Authorities; Declaration of 21 Anthony L. Perez, Esq.; and [Proposed] Order] 22 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. 1 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. 2 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 10 11 By ______________________________ ANTHONY L. PEREZ, ESQ. 12 Attorneys for Plaintiff BoyesLegal, APC 13 CARLEY R. THOMPSON 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. 3