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1 Robert L. Reisinger, Esq., Bar No. 156474 Electronically Filed
Victoria A. Silcox, Esq., Bar No. 194314 10/19/2020 12:44 PM
2 Superior Court of California
Christopher P. Chang, Esq., Bar No. 316021
FORD, WALKER, HAGGERTY & BEHAR County of Stanislaus
3
One World Trade Center Clerk of the Court
4 Twenty-Seventh Floor By: Sabrina Bouldt, Deputy
Long Beach, California 90831-2700
5
(562) 983-2500 $60 PAID
6
FORD, WALKER, HAGGERTY & BEHAR $30 NOT PAID
7 980 Ninth Street
Sixteenth Floor
8
Sacramento, California 95814
9 (916) 449-9600
10 Attorneys for Defendant,
BOBBY STEPHEN VIERRA
11
12
SUPERIOR COURT OF CALIFORNIA
13
COUNTY OF STANISLAUS
14
15
JOSEPHINA PLASCENCIA, ) Case No. CV-19-006459
16 )
Plaintiff, ) JUDGE MARIE SOVEY SILVEIRA
17 ) DEPT. 21
vs. )
18
) NOTICE OF MOTION TO COMPEL
19 BOBBY STEPHEN VIERRA, ) COMPLIANCE OF SUBPOENA ISSUED TO
) STANISLAUS COUNTY CORONER’S
20 Defendants. ) OFFICE
)
21
) Filed with: Memorandum of Points and
22 ) Authorities; Declaration of Christopher P.
) Chang; and [Proposed] Order
23 )
) Date: February 2, 2021
24
) Time: 8:30 a.m.
25 ) Dept: 21
)
26 ) Trial Date: N/A
) CMC: November 16, 2020
27
) Complaint filed: October 28, 2019
28 )
)
1
NOTICE OF MOTION TO COMPEL COMPLIANCE OF DEPOSITION SUPBOENA FOR BUSINESS RECORDS
1 TO THE HONORABLE COURT, ALL PARTIES AND COUNSEL OF RECORD:
2 PLEASE TAKE NOTICE that on February 2, 2021, at 8:30 a.m., or as soon thereafter as the
3 matter may be heard, in Department 21 of the Stanislaus County Superior Court, located at 801 10th
4 Street, Modesto, California 95354, Defendant BOBBY STEPHEN VIERRA (“Defendant”) will move
5 the Court for an order compelling compliance of a subpoenas issued to the Stanislaus County
6 Coroner’s Office, a nonparty witness, to produce documents pursuant to deposition subpoena properly
7 served on July 22, 2020.
8 This motion is made and based upon Code of Civil Procedure sections 1987.1, 2020.010 et seq.,
9 and 2025.480. Defendant is entitled to the production of records in the possession, custody and control
10 of the Stanislaus County Coroner’s Office, related to the autopsy report of decedent Jose Plasencia aka
11 Joe Plasencia, in order to investigate the claims of Plaintiff JOSEPHINA PLASENCIA in this civil
12 matter.
13 This motion will be based upon this notice, the attached memorandum of points and authorities,
14 the concurrently filed declaration of Christopher P. Chang with exhibits, the concurrently filed separate
15 statement, upon all records on file herein, and upon such oral and/or documentary evidence as may be
16 presented at the hearing.
17
18 Dated: October 19, 2020
FORD, WALKER, HAGGERTY & BEHAR
19
20
21 BY:________________________________
ROBERT L. REISINGER
22 VICTORIA A. SILCOX
23 CHRISTOPHER P. CHANG
Attorneys for Defendant,
24 BOBBY STEPHEN VIERRA
25
26
27
28
2
NOTICE OF MOTION TO COMPEL COMPLIANCE OF DEPOSITION SUPBOENA FOR BUSINESS RECORDS
1 PROOF OF SERVICE
2 PLASCENCIA vs. VIERRA
25620-026
3 STATE OF CALIFORNIA )
) ss.
4 COUNTY OF LOS ANGELES )
5 I am employed in the aforesaid county; I am over the age of eighteen years and not a party to the
within entitled action; my business address is: One World Trade Center, Twenty-Seventh Floor, Long
6 Beach, California 90831-2700
7 On October 19, 2020, I served the within: NOTICE OF MOTION TO COMPEL
COMPLIANCE OF SUBPOENA ISSUED TO STANISLAUS COUNTY CORONER’S OFFICE
8 on the interested parties in said action,
9 X BY PERSONAL SERVICE: I caused such envelope(s) to be hand-delivered to the office(s)
of the addressee below to be delivered by First Legal Attorney Service:
10
11 Stanislaus County Coroner
12 921 Oakdale Road
Modesto, CA 95355
13
14
(ONLY BY ELECTRONIC TRANSMISSION) Only by e-mailing the document(s) to the
15 persons at the e-mail address(es). Pursuant to California Rule of Court, Emergency Rule 12, effective
April 17, 2020, during the Coronavirus (COVID-19) pandemic, this office will use electronic mail for
16 service purposes to the following:
17 Lawrence T. Niermeyer, Esq.
18 MOORAD, CLARK & STEWART
1420 F. Street, 2nd Floor
19 Modesto, California 95354
ltniermeyer@aol.com
20 Tel: (209) 574-9447
21 Fax: (209) 526-4703
22
Executed on October 19, 2020, at Long Beach, California.
23
I declare under penalty of perjury under the laws of the State of California that the above is true
24 and correct.
25
26 ___________________________________
LISA SEALS
27
28
3
NOTICE OF MOTION TO COMPEL COMPLIANCE OF DEPOSITION SUPBOENA FOR BUSINESS RECORDS
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1 Robert L. Reisinger, Esq., Bar No. 156474 Electronically Filed Victoria A. Silcox, Esq., Bar No. 194314 10/19/2020 12:44 PM 2 Superior Court of California Christopher P. Chang, Esq., Bar No. 316021 FORD, WALKER, HAGGERTY & BEHAR County of Stanislaus 3 One World Trade Center Clerk of the Court 4 Twenty-Seventh Floor By: Sabrina Bouldt, Deputy Long Beach, California 90831-2700 5 (562) 983-2500 $60 PAID 6 FORD, WALKER, HAGGERTY & BEHAR $30 NOT PAID 7 980 Ninth Street Sixteenth Floor 8 Sacramento, California 95814 9 (916) 449-9600 10 Attorneys for Defendant, BOBBY STEPHEN VIERRA 11 12 SUPERIOR COURT OF CALIFORNIA 13 COUNTY OF STANISLAUS 14 15 JOSEPHINA PLASCENCIA, ) Case No. CV-19-006459 16 ) Plaintiff, ) JUDGE MARIE SOVEY SILVEIRA 17 ) DEPT. 21 vs. ) 18 ) NOTICE OF MOTION TO COMPEL 19 BOBBY STEPHEN VIERRA, ) COMPLIANCE OF SUBPOENA ISSUED TO ) STANISLAUS COUNTY CORONER’S 20 Defendants. ) OFFICE ) 21 ) Filed with: Memorandum of Points and 22 ) Authorities; Declaration of Christopher P. ) Chang; and [Proposed] Order 23 ) ) Date: February 2, 2021 24 ) Time: 8:30 a.m. 25 ) Dept: 21 ) 26 ) Trial Date: N/A ) CMC: November 16, 2020 27 ) Complaint filed: October 28, 2019 28 ) ) 1 NOTICE OF MOTION TO COMPEL COMPLIANCE OF DEPOSITION SUPBOENA FOR BUSINESS RECORDS 1 TO THE HONORABLE COURT, ALL PARTIES AND COUNSEL OF RECORD: 2 PLEASE TAKE NOTICE that on February 2, 2021, at 8:30 a.m., or as soon thereafter as the 3 matter may be heard, in Department 21 of the Stanislaus County Superior Court, located at 801 10th 4 Street, Modesto, California 95354, Defendant BOBBY STEPHEN VIERRA (“Defendant”) will move 5 the Court for an order compelling compliance of a subpoenas issued to the Stanislaus County 6 Coroner’s Office, a nonparty witness, to produce documents pursuant to deposition subpoena properly 7 served on July 22, 2020. 8 This motion is made and based upon Code of Civil Procedure sections 1987.1, 2020.010 et seq., 9 and 2025.480. Defendant is entitled to the production of records in the possession, custody and control 10 of the Stanislaus County Coroner’s Office, related to the autopsy report of decedent Jose Plasencia aka 11 Joe Plasencia, in order to investigate the claims of Plaintiff JOSEPHINA PLASENCIA in this civil 12 matter. 13 This motion will be based upon this notice, the attached memorandum of points and authorities, 14 the concurrently filed declaration of Christopher P. Chang with exhibits, the concurrently filed separate 15 statement, upon all records on file herein, and upon such oral and/or documentary evidence as may be 16 presented at the hearing. 17 18 Dated: October 19, 2020 FORD, WALKER, HAGGERTY & BEHAR 19 20 21 BY:________________________________ ROBERT L. REISINGER 22 VICTORIA A. SILCOX 23 CHRISTOPHER P. CHANG Attorneys for Defendant, 24 BOBBY STEPHEN VIERRA 25 26 27 28 2 NOTICE OF MOTION TO COMPEL COMPLIANCE OF DEPOSITION SUPBOENA FOR BUSINESS RECORDS 1 PROOF OF SERVICE 2 PLASCENCIA vs. VIERRA 25620-026 3 STATE OF CALIFORNIA ) ) ss. 4 COUNTY OF LOS ANGELES ) 5 I am employed in the aforesaid county; I am over the age of eighteen years and not a party to the within entitled action; my business address is: One World Trade Center, Twenty-Seventh Floor, Long 6 Beach, California 90831-2700 7 On October 19, 2020, I served the within: NOTICE OF MOTION TO COMPEL COMPLIANCE OF SUBPOENA ISSUED TO STANISLAUS COUNTY CORONER’S OFFICE 8 on the interested parties in said action, 9 X BY PERSONAL SERVICE: I caused such envelope(s) to be hand-delivered to the office(s) of the addressee below to be delivered by First Legal Attorney Service: 10 11 Stanislaus County Coroner 12 921 Oakdale Road Modesto, CA 95355 13 14 (ONLY BY ELECTRONIC TRANSMISSION) Only by e-mailing the document(s) to the 15 persons at the e-mail address(es). Pursuant to California Rule of Court, Emergency Rule 12, effective April 17, 2020, during the Coronavirus (COVID-19) pandemic, this office will use electronic mail for 16 service purposes to the following: 17 Lawrence T. Niermeyer, Esq. 18 MOORAD, CLARK & STEWART 1420 F. Street, 2nd Floor 19 Modesto, California 95354 ltniermeyer@aol.com 20 Tel: (209) 574-9447 21 Fax: (209) 526-4703 22 Executed on October 19, 2020, at Long Beach, California. 23 I declare under penalty of perjury under the laws of the State of California that the above is true 24 and correct. 25 26 ___________________________________ LISA SEALS 27 28 3 NOTICE OF MOTION TO COMPEL COMPLIANCE OF DEPOSITION SUPBOENA FOR BUSINESS RECORDS