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  • CALDER, ROBIN v. JARVIS, TODDCivil-Roseville document preview
  • CALDER, ROBIN v. JARVIS, TODDCivil-Roseville document preview
  • CALDER, ROBIN v. JARVIS, TODDCivil-Roseville document preview
  • CALDER, ROBIN v. JARVIS, TODDCivil-Roseville document preview
  • CALDER, ROBIN v. JARVIS, TODDCivil-Roseville document preview
  • CALDER, ROBIN v. JARVIS, TODDCivil-Roseville document preview
  • CALDER, ROBIN v. JARVIS, TODDCivil-Roseville document preview
  • CALDER, ROBIN v. JARVIS, TODDCivil-Roseville document preview
						
                                

Preview

1 Port J. Parker, SBN 179256 Jeffrey S. Einsohn, SBN 260150 06/10/2020 2 PARKER LAW GROUP ATTORNEYS A Professional Corporation 3 555 Capitol Mall, Suite 1230 4 Sacramento, CA 95814 Telephone: (916) 996-0400 5 Facsimile: (916) 668-5760 6 Attorneys for TODD JARVIS 7 8 9 SUPERIOR COURT OF CALIFORNIA 10 IN AND FOR THE COUNTY OF PLACER 11 GROUP 555 Capitol Mall , Suite 1230 Sacramento , CA 95814 ROBIN ELIZABETH CALDER, Case No. SCV-0043237 12 Plaintiff, DECLARATION OF JEFFREY S. 13 v. EINSOHN IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO LAW 14 TODD JARVIS and DOES 1 through 50, REQUEST FOR PRODUCTION, SET ONE inclusive, AND THE PRODUCTION OF 15 DOCUMENTS PARKER Defendants. 16 Date: July 17, 2020 17 Time: 8:30 a.m. Dept: 31 18 Complaint Filed: June 1, 2018 19 Current Trial Date: August 3, 2020 (pending stipulated 20 continuance) 21 I, Jeffrey S, Einsohn, declare: 22 1. I am an attorney duly licensed to practice law in the State of California and am an 23 attorney at the law firm Parker Law Group Attorneys, APC, attorneys of record for Defendant Todd 24 Jarvis (“Jarvis”) in the above-captioned case. 25 2. I make this declaration from my own personal knowledge and from the records kept in 26 the ordinary course of business by my law firm, except as to those matters stated on information and 27 belief, and, as to those matters, I believe them to be true. 28 /// DECLARATION OF JEFFREY S. EINSOHN IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION, SET ONE AND THE PRODUCTION OF DOCUMENTS 1 1 3. A true and correct copy of Jarvis’s October 21, 2019 Request for Production of 2 Documents, Set One to Calder is attached hereto as Exhibit A. 3 4. Jarvis granted Calder a very large extension of time to respond while various other 4 issues were addressed. Calder then switched counsel. 5 5. On March 11, 2020, through new counsel, Calder provided a written response that 6 consisted almost entirely of objections. A true and correct copy of Calder’s responses to the Request 7 for Production of Documents, Set One, is attached hereto as Exhibit B. 8 6. The parties met and conferred by telephone as the Covid-19 pandemic began shutting 9 down the State. This was followed by emails. That parties agreed to mutual discovery extensions and 10 time to bring motions. 11 7. On April 10, 2020, I sent a detailed meet and confer letter explaining why Calder’s GROUP 555 Capitol Mall , Suite 1230 Sacramento , CA 95814 12 responses were not Code-complaint and addressing Calder’s objections. A true and correct copy of 13 my April 10, 2020 letter is attached hereto as Exhibit C. LAW 14 8. On April 20, 2020, Calder’s counsel sent a response letter once again refusing to 15 provide a single additional document other than the purported Fee Agreement, amendments, invoices PARKER 16 and her summary—the documents Calder wants to rely on. A true and correct copy of the April 20, 17 2020 letter is attached hereto as Exhibit D. 18 9. On May 12, 2020, I wrote back further addressing the responses. I began by 19 specifically asking Calder’s counsel to confirm Calder’s position was that all she would provide was 20 the purported Fee Agreement, amendments and invoices. I also agreed to narrow the scope of many 21 of the requests, including by removing the defined term “RELATING TO” and replacing it with 22 “explicitly refer to or have as its subject”. A true and correct copy of my May 12, 2020 letter is 23 attached hereto as Exhibit E. 24 10. On May 21, 2020, Calder’s counsel responded, still refusing to provide any amended 25 responses or additional documents whatsoever. Calder’s counsel further did not dispute that Calder’s 26 position is that the only documents she would provide are the purported Fee Agreement, amendments 27 and invoices. A true and correct copy of the May 21, 2020 letter is attached hereto as Exhibit F. 28 /// DECLARATION OF JEFFREY S. EINSOHN IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION, SET ONE AND THE PRODUCTION OF DOCUMENTS 2 1 11. I then requested a further 30-day extension to bring a motion so that I could try once 2 more to meet and confer. Calder’s counsel was only agreeable to a much shorter extension. Thus, on 3 May 22, 2020, I signed a stipulation extending the time to move to compel to June 10, 2020. A true 4 and correct copy of the Stipulation is attached as Exhibit G. 5 12. I further met and conferred as to a hearing date for this motion as required. In response 6 Mr. Miller sent a letter stating “I am particularly troubled by the requests that incorporate the phrase 7 “related to.” The request that use the phrase “related to” put the burden on me to ascertain which 8 documents you are referring to. The requests therefore violate the attorney-work product privilege and 9 burden me with figuring out which documents do and not [sic] “relate to” a subject.” A true and correct 10 copy of the email chain is attached hereto as Exhibit H. A true and correct copy of Mr. Miller’s letter 11 is attached as Exhibit I. GROUP 555 Capitol Mall , Suite 1230 Sacramento , CA 95814 12 13. I then responded, reminding Mr. Miller that I agreed to replace the term “RELATING 13 TO” with “explicitly refer to or have as its subject” on May 12 and express my frustration that my LAW 14 attempts to accommodate his objections or concerns were being ignored. See Exhibit H. 15 14. I have been admitted to the State Bar and practicing law since 2008. My billing rate PARKER 16 for this matter is $350 per hour, which I am informed and believe is at or below the market rate for 17 attorneys with similar experience performing similar work. 18 15. I spent a total of 10.3 hours preparing the instant motion to compel and associated 19 documents, including the separate statement. I anticipate spending three (3) hours preparing a reply 20 and two (2) hours to both prepare for and attend hearing on this matter. 21 16. At my standard billing rate, Jarvis will incur $5,355 in fees plus $60 for a filing fee and 22 $86 for a courier to file the papers, for a total of $5,501. 23 I declare under the penalty of perjury under the laws of the State of California that the foregoing 24 is true and correct. Executed on June 10, 2020 at Sacramento, California. 25 ___________________________ 26 JEFFREY S. EINSOHN 27 28 DECLARATION OF JEFFREY S. EINSOHN IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO REQUEST FOR PRODUCTION, SET ONE AND THE PRODUCTION OF DOCUMENTS 3 EXHIBIT “A” 1 Port J. Parker, SBN 179256 Marjan Hajimirzaee, SBN 283593 2 PARKER LAW GROUP ATTORNEYS A Professional Corporation 3 555 Capitol Mall, Suite 1230 4 Sacramento, CA 95814 Telephone: (916) 996-0400 5 Facsimile: (916) 668-5760 6 Attorneys for TODD JARVIS 7 8 9 SUPERIOR COURT OF CALIFORNIA 10 IN AND FOR THE COUNTY OF PLACER 11 GROUP 555 Capitol Mall, Suite 1230 Sacramento, CA 95814 ROBIN ELIZABETH CALDER, Case No. SCV-0043237 12 Plaintiff, TODD JARVIS’ REQUEST FOR 13 v. PRODUCTION OF DOCUMENTS, SET ONE TO ROBIN ELIZABETH CALDER LAW 14 TODD JARVIS and DOES 1 through 50, inclusive, 15 PARKER Defendants. 16 17 PROPOUNDING PARTY: Defendant TODD JARVIS 18 RESPONDING PARTY: Plaintiff ROBIN ELIZABETH CALDER 19 SET NUMBER: One 20 DEMAND IS HEREBY MADE pursuant to California Code of Civil Procedure, Sections 21 2031.010, et seq. that you produce and permit inspection and copying of the documents and/or 22 inspection, photographing, testing and sampling of other tangible things described below. You are 23 hereby requested to produce documents within thirty (30) days after service of this Request for 24 Production of Documents. The place of the inspection shall be: Parker Law Group Attorneys, APC, 25 555 Capitol Mall, Suite 1230, Sacramento, CA 95814. 26 In accordance with section 2031.260 of the Code of Civil Procedure, Responding Party must 27 provide a verified written response by the same date. Unless specified otherwise, the documents and 28 TODD JARVIS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO ROBIN ELIZABETH CALDER 1 1 information requested must include not only those in your possession, but also all documents known 2 or in the possession of your attorneys, agents, employees, and/or investigators. All documents 3 withheld on the basis of privilege should be identified with your responses in a separately served 4 privilege log, indicating the date, author, recipient, description (without disclosure of substance) of 5 the document and any/all privileges being asserted. 6 Please take further notice that if you withhold any information or documents responsive to 7 these requests, you may be forever barred and precluded from relying on, using, or referring to any 8 of said information or documents in any proceeding relating to the instant action. (See A&M Records, 9 Inc. v. Heilman (1977) 75 Cal.App.3d 554, 567; Dwyer v. Crocker Nat’l Bank (1987) 194 Cal. App.3d 10 1418, 1432.) 11 Please take further notice that Propounding Party herein expressly reserves the right, should GROUP 555 Capitol Mall, Suite 1230 Sacramento, CA 95814 12 Responding Party fail to comply with this request, to seek a Court Order requiring a complete 13 compliance with this request, which motion may include the right to inspect any and all LAW 14 ELECTRONIC DATA and ELECTRONIC MEDIA stored on any server, network, hard drive, or 15 other storage device. PARKER 16 DEFINITION OF TERMS 17 The following section consists of definitions to be used for the purpose of answering these 18 Requests for Production of Documents in a complete and thorough manner. Please review these 19 definitions carefully. 20 A. The term “ELECTRONIC DATA” shall mean information of all kinds created, 21 maintained and/or utilized by COMPUTERS and/or NETWORKS, including all non-identical 22 copies of such information. ELECTRONIC DATA includes, but is not limited to, software (whether 23 private, commercial or work-in-progress), programming notes or instructions, and input and/or output 24 used or produced by any software or utility (including electronic mail messages and all information 25 referencing or relating to such messages anywhere on a COMPUTER or a NETWORK, word 26 processing documents and all information stored in connection with such documents, electronic 27 spreadsheets, databases including all records and fields and structural information, charts, graphs and 28 outlines, arrays of information and all other information used or produced by any software), operating TODD JARVIS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO ROBIN ELIZABETH CALDER 2 1 systems, source code of all types, programming languages, linkers and compliers, peripheral drivers, 2 PIF files, batch files, any and all ASCII files, and any and all miscellaneous files and/or FILE 3 FRAGMENTS, regardless of the MEDIA on which they reside and regardless of whether such 4 ELECTRONIC DATA consists of an ACTIVE FILE, DELETED FILE or FILE FRAGMENT. 5 ELECTRONIC DATA includes any and all information stored on computer memories, had disks, 6 floppy disks, CD-ROM drives, Bernoulli Box drives and their equivalent, magnetic tape of all types, 7 microfiche, punched cards, punched tape, computer chips, including, but not limited to, EPROM, 8 PROM, RAM and ROM, or on or in any other vehicle for digital data storage and/or transmittal. 9 ELECTRONIC DATA also includes the file, folder tabs and/or containers and labels appended to, 10 or associated with, any physical storage device associated with the information described above. 11 B. The term “ACTIVE FILE” shall mean and refer to any file of ELECTRONIC GROUP 555 Capitol Mall, Suite 1230 Sacramento, CA 95814 12 DATA that can be utilized by a COMPUTER in any manner without modification and/or re- 13 construction. An ACTIVE FILE is any file of ELECTRONIC DATA, that has not been erased or LAW 14 otherwise destroyed and/or damaged and which is readily visible to the operating system and/or the 15 software with which it was created. PARKER 16 C. The terms “ARCHIVE” and/or “BACKUP” shall mean and refer to any processes 17 for coping and storage, whether temporary or permanent, of ELECTRONIC DATA in a 18 COMPUTER or a NETWORK, other than ACTIVE FILES in on-line storage. The term 19 “BACKUP” shall mean and refer to all processes used with the purpose of maintaining a copy of 20 ELECTRONIC DATA so that such data can be restored if the primary copies thereof are lost or 21 damaged, or with the purpose of keeping a record of ELECTRONIC DATA on a COMPUTER or 22 a NETWORK at a given point or several given points in time. The terms “ARCHIVE” and 23 “ARCHIVING” shall mean and refer to any process for maintaining ELECTRONIC DATA off- 24 line, whether referred to as an archive, dump, purge or any other terms, and also to any process or 25 procedure for storage of ELECTRONIC MEDIA which is not in current use on a COMPUTER or a 26 NETWORK. 27 D. The term “COMPUTER” shall include, but is not limited to, microcomputers (also 28 known as personal computers), laptop computers, portable computers, notebook computers, palmtop TODD JARVIS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO ROBIN ELIZABETH CALDER 3 1 computers, personal digital assistants, minicomputers and mainframe computers. 2 E. The term “DATA” shall be equivalent to the term “ELECTRONIC DATA” as 3 defined herein. 4 F. The term “DELETED FILE” shall mean and refer to any file of ELECTRONIC 5 DATA that has been erased or deleted from the ELECTRONIC MEDIA on which it resided. A 6 DELETED FILE includes any file of ELECTRONIC DATA whose File Allocation Table (FAT) 7 entry has been modified to indicate such data as being deleted and/or which is not readily visible to 8 the operating system and/or the software with which it was created. 9 G. The terms “FILE FRAGMENT” and “FRAGMENTARY FILE” shall mean and 10 refer to any file of ELECTRONIC DATA that exists as a subset of an original ACTIVE FILE. A 11 FILE FRAGMENT may be an ACTIVE FILE or DELETED FILE. The cause of fragmentation GROUP 555 Capitol Mall, Suite 1230 Sacramento, CA 95814 12 resulting in the FRAGMENTARY FILE can include, but is not limited to, manual intervention, 13 electronic surges, and/or physical defects on ELECTRONIC MEDIA. LAW 14 H. The term “NETWORK” shall mean and refer to any hardware and/or software 15 combination that connects two or more COMPUTERS together and which allows such PARKER 16 COMPUTERS to share and/or transfer digital signals between them. For the purposes of this 17 definition, the connection between or among the COMPUTERS need not be either physical or direct 18 (i.e., wireless NETWORKS utilizing radio frequencies and data sharing via indirect routes utilizing 19 modems and phone company facilities). In addition, there need not be a central file or data server or 20 a central network operating system in place (i.e., peer-to-peer NETWORKS and NETWORKS 21 utilizing a mainframe host to facilitate DATA transfer). The ability to share DATA is the key factor. 22 I. The terms “ELECTRONIC MEDIA” and “MEDIA” shall mean and refer to any 23 magnetic, optical or other storage device used to record ELECTRONIC DATA. ELECTRONIC 24 MEDIA storage devices may include, but are not limited to, computer memories, hard disk drives, 25 floppy diskettes, CD-ROM disks, Bernoulli Box drives and their equivalent, magnetic tape of all 26 types, microfiche, punched cards, punched tape, computer chips, including, but not limited to 27 EPROM, PROM, RAM and ROM, or on or in any other vehicle for digital data storage and/or 28 transmittal. TODD JARVIS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO ROBIN ELIZABETH CALDER 4 1 J. “PERSON” means natural persons, as well as firms, proprietorships, associations, 2 partnerships, corporations, exchanges, spouses, and every other type of organization or entity; 3 K. AND” shall mean “OR” and “OR” shall mean “AND” as necessary to call for the 4 broadest possible answer. 5 L. “ALL” includes the word “ANY” and vice versa. 6 M. “DOCUMENT” or “DOCUMENTS” includes without limitation any “writing” as 7 defined under Evidence Code §250, any written, typed, printed, recorded, or graphic matter, however 8 preserved, produced or re-produced, of any type or description, regardless of origin or location, 9 including without limitation any binder, procedure manual, cover note, certificate, letter, 10 correspondence, record, table, chart, analysis, graphic, schedule, report, test, study memorandum, 11 note, list, diary, log, calendar, telex, message (including, but not limited to inter-office and intra office GROUP 555 Capitol Mall, Suite 1230 Sacramento, CA 95814 12 communications, either by electronic mail or any other medium), questionnaire, bill, purchase order, 13 shipping order, contract, memorandum of contract, agreement, assignment, license, certificate, LAW 14 permit, ledger, ledger entry, book of account, check, order invoice, receipt, statement, financial data, 15 acknowledgement, computer or data processing card, computer or data processing disk, computer PARKER 16 generated matter, photograph, photograph negative, phonograph recording, transcript or log of such 17 recording, projection, videotape, film, microfiche, and all other data compilations from which 18 information can be obtained and translated, reports and/or summaries of investigations, drafts and 19 revisions of drafts of any documents and original preliminary notes or sketches, no matter how 20 produced or maintained, in your actual or constructive possession, custody or control, or the existence 21 of which you have knowledge, whether prepared, published, or released by you or by any other 22 person; if a document has been prepared in several copies, or additional copies have been made, or 23 copies are not identical (or which by reason of subsequent modification of a copy by the addition of 24 notations or other modifications, are no longer identical), each non-identical copy is considered a 25 separate document. DOCUMENTS in electronic format should be produced in their native electronic 26 file format, with all metadata and extracted text intact. 27 N. “RELATING TO,” “RELATE,” and “RELATING” shall mean reflecting, 28 mentioning, referring to, evidencing, consisting of, constituting, comprising, creating, containing, TODD JARVIS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO ROBIN ELIZABETH CALDER 5 1 embodying, concerning, supporting, refuting, modifying, contradicting, criticizing, discussing, 2 describing, recording, reporting, reflecting, pertaining to, prepared in connection with, and/or arising 3 from. 4 O. “CORRESPONDENCE” shall mean any written communication by the exchange of 5 mail, facsimile, electronic mail, text message, or any other means of transmission. 6 CORRESPONDENCE in electronic format should be produced in native electronic file format, with 7 all metadata intact and all extracted text (including but not limited to: From, To, CC, BCC, Date, 8 Time, Subject, Document Author, Document Name, Custodian, Control Number, Folder (System File 9 Pathway) (i.e.,emails should be produced in electronic format on disk or thumb-drive with all 10 metadata and extracted text intact). 11 P. “COMMUNICATION” or “COMMUNICATIONS” shall mean any exchange of GROUP 555 Capitol Mall, Suite 1230 Sacramento, CA 95814 12 information by physical delivery (for example, U.S. Postal Services, courier service, messenger 13 service), AND/OR delivery via a device (for example, computers, personal digital assistants, “smart LAW 14 phones”, electronic tablets, facsimile machines) and evidence of any exchange of information 15 including, without limitation, correspondence with attachments and/or enclosures thereto; letters with PARKER 16 attachments and/or enclosures thereto; memoranda with attachments thereto; transmittals with 17 attachments and/or enclosures thereto; facsimile transmissions; electronic mail (“E-MAIL”) and 18 attachments thereto; notes of telephone conversations; notes of face-to-face meetings; notes of face- 19 to-face conferences; voice-mail transcriptions; transcriptions of conferences; transcriptions of 20 meetings; and/or notes of video-conferencing. 21 Q. “IDENTIFY” means to describe a DOCUMENT with such particularity as YOU 22 would require in a motion to produce (either by batestamp number, or by a description of the 23 document, date, author, and recipient), or to provide the name, address and telephone number of a 24 person. 25 R. “YOU” and “YOUR” shall mean Plaintiff ROBIN ELIZABETH CALDER. 26 S. “TODD JARVIS” shall mean Todd Jarvis in his individual capacity, as Trustee of the 27 Jarvis Administration Trust, and as co-general partner of Jarvis properties, his agents, accountants, 28 insurance companies, or anyone else acting on his behalf. TODD JARVIS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO ROBIN ELIZABETH CALDER 6 1 REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE 2 REQUEST FOR PRODUCTION NO. 1: 3 Any and all DOCUMENTS that YOU identified in response to the concurrently-served Form 4 Interrogatories, Set One propounded by TODD JARVIS. 5 REQUEST FOR PRODUCTION NO. 2: 6 Any and all DOCUMENTS that YOU relied upon or referred to in responding to the 7 concurrently-served Form Interrogatories, Set One propounded by TODD JARVIS. 8 REQUEST FOR PRODUCTION NO. 3: 9 Any and all DOCUMENTS that YOU identified in response to the concurrently-served 10 Special Interrogatories, Set One propounded by TODD JARVIS. 11 REQUEST FOR PRODUCTION NO. 4: GROUP 555 Capitol Mall, Suite 1230 Sacramento, CA 95814 12 Any and all DOCUMENTS that YOU relied upon or referred to in responding to the 13 concurrently-served Special Interrogatories, Set One propounded by TODD JARVIS. LAW 14 REQUEST FOR PRODUCTION NO. 5: 15 Any and all COMMUNICATIONS between YOU and any PERSON relating to the January PARKER 16 1, 2009 Attorney-Client Fees and Costs Agreement. 17 REQUEST FOR PRODUCTION NO. 6: 18 Any and all DOCUMENTS RELATING TO the January 1, 2009 Attorney-Client Fees and 19 Costs Agreement. 20 REQUEST FOR PRODUCTION NO. 7: 21 Any and all COMMUNICATIONS between YOU and any PERSON relating to any 22 amendments to the January 1, 2009 Attorney-Client Fees and Costs Agreement. 23 REQUEST FOR PRODUCTION NO. 8: 24 Any and all DOCUMENTS RELATING TO any amendments to the January 1, 2009 25 Attorney-Client Fees and Costs Agreement. 26 REQUEST FOR PRODUCTION NO. 9: 27 Any and all DOCUMENTS RELATING TO invoices and/or billings that YOU issued to 28 TODD JARVIS. TODD JARVIS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO ROBIN ELIZABETH CALDER 7 1 REQUEST FOR PRODUCTION NO. 10: 2 Any and all COMMUNICATIONS between YOU and any PERSON relating to invoices 3 and/or billings that YOU issued to TODD JARVIS. 4 REQUEST FOR PRODUCTION NO. 11: 5 Any and all COMMUNICATIONS between YOU and any PERSON relating to payments 6 made by TODD JARVIS to YOU. 7 REQUEST FOR PRODUCTION NO. 12: 8 Any and all DOCUMENTS RELATING TO payments made by TODD JARVIS to YOU. 9 REQUEST FOR PRODUCTION NO. 13: 10 Any and all DOCUMENTS RELATING TO any written agreements between YOU and 11 TODD JARVIS. GROUP 555 Capitol Mall, Suite 1230 Sacramento, CA 95814 12 REQUEST FOR PRODUCTION NO. 14: 13 Any and all DOCUMENTS RELATING TO any written disclosures YOU provided to TODD LAW 14 JARVIS. 15 REQUEST FOR PRODUCTION NO. 15: PARKER 16 Any and all DOCUMENTS which YOU believe relate in any way to YOUR claim for Breach 17 of Written Contract. 18 REQUEST FOR PRODUCTION NO. 16: 19 Any and all DOCUMENTS which YOU believe relate in any way to YOUR claim for Breach 20 of Written Contract. 21 REQUEST FOR PRODUCTION NO. 17: 22 Any and all DOCUMENTS which YOU believe relate in any way to YOUR claim for Open 23 Book Account. 24 REQUEST FOR PRODUCTION NO. 18: 25 Any and all DOCUMENTS which YOU believe relate in any way to YOUR claim for 26 Reasonable Value. 27 REQUEST FOR PRODUCTION NO. 19: 28 Any and all DOCUMENTS which YOU believe relate in any way to YOUR claim for TODD JARVIS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO ROBIN ELIZABETH CALDER 8 1 Indemnity. 2 REQUEST FOR PRODUCTION NO. 20: 3 Any and all DOCUMENTS which YOU believe relate in any way to YOUR claim for 4 Declaratory Relief. 5 REQUEST FOR PRODUCTION NO. 21: 6 Any and all trust fund accounting YOU maintained for TODD JARVIS, including all trust 7 funds deposited, paid or expended, as well as all supporting documentation. 8 REQUEST FOR PRODUCTION NO. 22: 9 Any and all DOCUMENTS RELATING TO any written consents YOU obtained from TODD 10 JARVIS. 11 REQUEST FOR PRODUCTION NO. 23: GROUP 555 Capitol Mall, Suite 1230 Sacramento, CA 95814 12 Any and all DOCUMENTS RELATING TO any writing you provided to TODD JARVIS 13 advising him to seek an independent lawyer. LAW 14 REQUEST FOR PRODUCTION NO. 24: 15 Any and all DOCUMENTS RELATING TO any and all legal services you provided to TODD PARKER 16 JARVIS. 17 REQUEST FOR PRODUCTION NO. 25: 18 Any and all COMMUNICATIONS between YOU and any PERSON relating to any and all 19 legal services you provided to TODD JARVIS. 20 REQUEST FOR PRODUCTION NO. 26: 21 Any and all COMMUNICATIONS between YOU and any PERSON relating to any monies 22 owed to YOU by TODD JARVIS. 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// TODD JARVIS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO ROBIN ELIZABETH CALDER 9 1 REQUEST FOR PRODUCTION NO. 27: 2 Any and all DOCUMENTS RELATING TO monies owed to YOU by TODD JARVIS. 3 4 PARKER LAW GROUP ATTORNEYS 5 DATED: October 21, 2019 A Professional Corporation 6 7 ____________________________________ 8 PORT J. PARKER MARJAN HAJIMIRZAEE 9 Attorneys for TODD JARVIS 10 11 GROUP 555 Capitol Mall, Suite 1230 Sacramento, CA 95814 12 13 LAW 14 15 PARKER 16 17 18 19 20 21 22 23 24 25 26 27 28 TODD JARVIS’ REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO ROBIN ELIZABETH CALDER 10 EXHIBIT “B” 1 LAWREN CED. MILLER, SBN 77448 LAW OFFICE OF LA WREN CED. MILLER 2 Post Office Box 6107 San Mateo, CA 94403 3 Telephone: (650) 592-9151 4 Email: lmiller@ldmlawyer.com 5 Attorney for Plaintiff 6 7 8 9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA to IN AND FOR THE COUNTY OF PLACER 11 12 ROBIN ELIZABETH CALDER, Case No. SCV-0043237 ,, 13 Plaintiff, PLAINTIFF'S RESPONSE TO DEFENDANT'S REQUEST FOR PRODUCTION OF 14 V. DOCUMENTS, SET NO. ONE 15 TODD JARVIS, et al., etc., 16 Defendants. 17 - - - - -- - - - - - - - - -I 18 PROPOUNDING PARTY: TODD JARVIS 19 RESPONDING PARTY: ROBIN ELIZABETH CALDER 20 SET NO.: One 21 Plaintiff, Robin Elizabeth Calder, responds as follows to Defendant's Request for Production as 22 follows: 23 REQUEST FOR PRODUCTION NO. 1. 24 Any and all DOCUMENTS that YOU identified in response to the currently-served Form 25 Interrogatories, Set One propounded by TODD JARVIS. 26 Response to Request No. 1. 27 Responding Party objects to this Request on the grounds the "DEFINITION OF TERMS" consis11S 28 of over 4 pages making this Request unduly burdensome. (Calcor Space Facility, Inc. v Superior Court, -1- PLAINTIFF RESPONSE TO DEMAND FOR PRODUCTION, SET NO. 1 (1997) 53 Cal.App.4th 216.) 2 Responding Party further objects to this Request on the ground the Request is unduly burdensom 3 because the documents are equally available to Propounding Party. 4 Subject to and without waiving the objections, in response to this Request, Responding Party 5 identifies the following documents. 6 1. Responding Party's account of credits and debits. 7 2. Attorney-Client Fees and Costs Agreement dated January 1, 2009. 8 3. Attorney-client Fees and Costs Agreement-Amendment 1 dated November 18, 2009. 9 4. Attorney-client Fees and Costs Agreement-Amendment 2 dated October 2, 2014. 10 5. Attorney-client Fees and Costs Agreement-Amendment 3 dated October 20, 2014. 11 6. Attorney-client Fees and Costs Agreement-Amendment 6 dated November 8, 2015. 12 7. Invoices for Legal Services. 13 Any documents described by this Request will not be produced. 14 REQUEST FOR PRODUCTION NO. 2. 15 Any and all DOCUMENTS that YOU relied upon, or referred to, in responding to the currently- 16 served Form Interrogatories, Set One propounded by TODD JARVIS. 17 Response to Request No. 2. 18 Responding Party objects to this Request on the grounds the "DEFINITION OF TERMS" consis 19 of over 4 pages making this Request unduly burdensome. (Calcor Space Facility, Inc. v Superior Court, 20 (1997) 53 Cal.App.4th 216. 21 Responding Party further objects to this Request on the ground the Request is unduly burdensom 22 because the documents are equally available to Propounding Party. 23 Subject to and without waiving the objections, in response to this Request, Responding Party 24 identifies the following documents. 25 1. Responding Party's account of credits and debits. 26 2. Attorney-Client Fees and Costs Agreement dated January 1, 2009. 27 3. Attorney-client Fees and Costs Agreement-Amendment 1 dated November 18, 2009. 28 4. Attorney-client Fees and Costs Agreement-Amendment 2 dated October 2, 2014. -2- PLAINTIFF RESPONSE TO DEMAND FOR PRODUCTION, SET NO. 1 5. Attorney-client Fees and Costs Agreement-Amendment 3 dated October 20, 2014. 2 6. Attorney-client Fees and Costs Agreement-Amendment 6 dated November 8, 2015. 3 7. Invoices for Legal Services. 4 Any documents described by this Request will not be produced. 5 REQUEST FOR PRODUCTION NO. 3. 6 Any and all DOCUMENTS that YOU identified in response to the currently-served Special 7 Interrogatories, Set One propounded by TODD JARVIS. 8 Response to Request No. 3. 9 Responding Party objects to this Request on the grounds the "DEFINITION OF TERMS" consis s 10 of over 4 pages making this Request unduly burdensome. ( Calcor Space Facility, Inc. v Superior Court, 11 (1997) 53 Cal.App.4th 216.). 12 Responding Party further objects to this Request on the ground the Request is unduly burdensom 13 because the documents are equally available to Propounding Party. 14 Subject to and without waiving the objections, in response to this Request, Responding Party 15 identifies the following documents. 16 1. Responding Party's account of credits and debits. 17 2. Attorney-Client Fees and Costs Agreement dated January 1, 2009. 18 3. Attorney-client Fees and Costs Agreement-Amendment 1 dated November 18, 2009. 19 4. Attorney-client Fees and Costs Agreement-Amendment 2 dated October 2, 2014. 20 5. Attorney-client Fees and Costs Agreement-Amendment 3 dated October 20, 2014. 21 6. Attorney-client Fees and Costs Agreement-Amendment 6 dated November 8, 2015. 22 7. Invoices for Legal Services. 23 Any documents described by this Request will not be produced. 24 REQUEST FOR PRODUCTION NO. 4. 25 Any and all DOCUMENTS that YOU relied upon or referred to in responding to the currently- 26 served Special Interrogatories, Set One propounded by TODD JARVIS. 27 Response to Request No. 4. 28 Responding Party objects to this Request on the grounds the "DEFINITION OF TERMS" consi -3- PLAINTIFF RESPONSE TO DEMAND FOR PRODUCTION, SET NO. 1 of over 4 pages making this Request unduly burdensome. (Ca/car Space Facility, Inc. v Superior Court, 2 (1997) 53 Cal.App.4 th 216.) 3 Any documents described by this Request will not be produced. 4 REQUEST FOR PRODUCTION NO. 5. 5 Any and all COMMUNICATIONS between YOU and any PERSON relating to the January 1, 6 2009 Attorney-Client Fees and Costs Agreement. 7 Response to Request No. 5. 8 Responding Party objects to this Request on the grounds the "DEFINITION OF TERMS" consis 9 of over 4 pages making this Request unduly burdensome. ( Calcor Space Facility, Inc. v Superior Court, 10 (1997) 53 Cal.App.4th 216.) 11 Responding Party further objects to this Request on the grounds that the Request is unduly 12 burdensome to Responding Party in that the Request fails to describe with reasonable certainty each ite1 13 requested or to reasonably particularize each category of items subject to this Request. (Code of Civil 14 Procedure, § 2031.030( c)( 1), Calcor Space Facility, Inc. v Superior Court, ( 1997) 53 Cal.App.4 th 216.) 15 Responding Party further objects on the grounds the Request unintelligible and ambiguous. 16 Responding Party further objects on the grounds the Request violates the Attorney work product 17 privilege. (Code of Civil Procedure,§ 2018.030; Natch & Lewis Architects, Inc. v Superior Court (1996) 18 47 Cal.App.4 th 214.) 19 Any documents described by this Request will not be produced. 20