Preview
ELECTRONICALLY FILED
Superior Court of California,
County of Placer
10/06/2020
ALISON P. BUCHANAN — BAR NO. 215710
By: Laurel Sanders, Deputy Clerk
ASHLEE N. CHERRY — BAR NO. 312731
HOGE, FENTON, JONES & APPEL, INC.
60 South Market Street, Suite 1400
San Jose, California 95113-2396
Phone: 408.287.9501
Fax: 408.287.2583
Attorneys for Defendants
CUNNINGHAM LEGAL;
PRESTON MARx, III;
JAMES CUNNINGHAM; and
ASCENT WEALTH MANAGEMENT
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF PLACER
10
11 DONALD MACHHOLZ, JR., Case No. SCV0043518
12 Plaintiff, NOTICE OF MOTION OF DEFENDANT
JAMES CUNNINGHAWM’S MOTION TO
13 Vv. COMPEL PLAINTIFF'S FURTHER
RESPONSES TO FORM
14 CUNNINGHAM LEGAL, a California INTERROGATORIES AND REQUESTS
Professional Corporation; PRESTON FOR PRODUCTION OF DOCUMENTS
15 MARX, III, an individual; JAMES AND REQUEST FOR SANCTIONS
CUNNINGHAM, an individual; ASCENT
16 WEALTH MANAGEMENT, a California Date: December 10, 2020
corporation; and DOES 1 through 10, Time: 8:30 a.m.
17 inclusive, Dept.: Law and Motion
18 Defendants. Action Filed: August 6, 2019
Trial Date: February 22, 2021
19
20 TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD:
21 PLEASE TAKE NOTICE THAT on December 10, 2020, at 8:30 a.m., or as soon
22 thereafter as counsel may be heard, in the Law and Motion Department of the above-
23 captioned Court, located at 10820 Justice Center Drive, Roseville, CA 95678, Defendant
24 James Cunningham (“Defendant”) will and hereby does move this Court for an Order
25 compelling Plaintiff Donald Machholz, Jr. (“Plaintiff”) to serve further, Code-compliant
26 responses to: (1) Form Interrogatory No. 17.1; and (2) Requests for Production of
27 Documents Nos. 3, 4, and 12. Additionally, Defendant requests that this Court issue an
28 order compelling Plaintiff and his counsel, jointly and severally, to pay monetary
4079995 -1-
NOTICE OF DEFENDANTS’ MOTION TO COMPEL PLAINTIFF'S FURTHER DISCOVERY RESPONSES
AND REQUEST FOR SANCTIONS
sanctions to Defendants in the amount of $1,058.50, pursuant to California Code of Civil
Procedure sections 2023.030, 2023.010, subds. (f) and (h), 2030.300, subd. (d), and
2031.310, subd. (h). Finally, Defendant requests that this Court order Plaintiff to produce
supplemental, Code-compliant responses within 10 days of the date of this Court’s order.
Defendant brings this Motion on the grounds that Plaintiff's responses are
inadequate, incomplete, and evasive. (Cal. Code Civ. Proc. § 2030.300, subd. (a)(1);
Cal. Code Civ. Proc. § 2031.310, subds. (a)(1)-(2)).
This Motion is based on this Notice of Motion, the attached Memorandum of Points
and Authorities, the Declaration of Ashlee N. Cherry filed concurrently herewith, the
10 Request for Judicial Notice filed herewith, the Separate Statement filed herewith, all of
11 the pleadings, files, and records in this proceeding, all other matters of which the Court
12 may take judicial notice, and any argument or evidence that may be presented to or
13 considered by the Court prior to its ruling.
14 DATED: October 6, 2020 HOGE, FENTON, JONES & APPEL, INC.
15
16
17 Alison P. Buchanan
Ashlee N. Cherry
18 Attorneys for Defendants
CUNNINGHAM LEGAL; PRESTON MARX,
19 Ill; JAMES CUNNINGHAM; and ASCENT
20 WEALTH MANAGEMENT
21
22
23
24
25
26
27
28
4079995 -2-
NOTICE OF DEFENDANT'S MOTION TO COMPEL PLAINTIFF’S FURTHER DISCOVERY RESPONSES
AND REQUEST FOR SANCTIONS
Preview
ELECTRONICALLY FILED Superior Court of California, County of Placer 10/06/2020 ALISON P. BUCHANAN — BAR NO. 215710 By: Laurel Sanders, Deputy Clerk ASHLEE N. CHERRY — BAR NO. 312731 HOGE, FENTON, JONES & APPEL, INC. 60 South Market Street, Suite 1400 San Jose, California 95113-2396 Phone: 408.287.9501 Fax: 408.287.2583 Attorneys for Defendants CUNNINGHAM LEGAL; PRESTON MARx, III; JAMES CUNNINGHAM; and ASCENT WEALTH MANAGEMENT SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER 10 11 DONALD MACHHOLZ, JR., Case No. SCV0043518 12 Plaintiff, NOTICE OF MOTION OF DEFENDANT JAMES CUNNINGHAWM’S MOTION TO 13 Vv. COMPEL PLAINTIFF'S FURTHER RESPONSES TO FORM 14 CUNNINGHAM LEGAL, a California INTERROGATORIES AND REQUESTS Professional Corporation; PRESTON FOR PRODUCTION OF DOCUMENTS 15 MARX, III, an individual; JAMES AND REQUEST FOR SANCTIONS CUNNINGHAM, an individual; ASCENT 16 WEALTH MANAGEMENT, a California Date: December 10, 2020 corporation; and DOES 1 through 10, Time: 8:30 a.m. 17 inclusive, Dept.: Law and Motion 18 Defendants. Action Filed: August 6, 2019 Trial Date: February 22, 2021 19 20 TO ALL PARTIES AND TO THEIR COUNSEL OF RECORD: 21 PLEASE TAKE NOTICE THAT on December 10, 2020, at 8:30 a.m., or as soon 22 thereafter as counsel may be heard, in the Law and Motion Department of the above- 23 captioned Court, located at 10820 Justice Center Drive, Roseville, CA 95678, Defendant 24 James Cunningham (“Defendant”) will and hereby does move this Court for an Order 25 compelling Plaintiff Donald Machholz, Jr. (“Plaintiff”) to serve further, Code-compliant 26 responses to: (1) Form Interrogatory No. 17.1; and (2) Requests for Production of 27 Documents Nos. 3, 4, and 12. Additionally, Defendant requests that this Court issue an 28 order compelling Plaintiff and his counsel, jointly and severally, to pay monetary 4079995 -1- NOTICE OF DEFENDANTS’ MOTION TO COMPEL PLAINTIFF'S FURTHER DISCOVERY RESPONSES AND REQUEST FOR SANCTIONS sanctions to Defendants in the amount of $1,058.50, pursuant to California Code of Civil Procedure sections 2023.030, 2023.010, subds. (f) and (h), 2030.300, subd. (d), and 2031.310, subd. (h). Finally, Defendant requests that this Court order Plaintiff to produce supplemental, Code-compliant responses within 10 days of the date of this Court’s order. Defendant brings this Motion on the grounds that Plaintiff's responses are inadequate, incomplete, and evasive. (Cal. Code Civ. Proc. § 2030.300, subd. (a)(1); Cal. Code Civ. Proc. § 2031.310, subds. (a)(1)-(2)). This Motion is based on this Notice of Motion, the attached Memorandum of Points and Authorities, the Declaration of Ashlee N. Cherry filed concurrently herewith, the 10 Request for Judicial Notice filed herewith, the Separate Statement filed herewith, all of 11 the pleadings, files, and records in this proceeding, all other matters of which the Court 12 may take judicial notice, and any argument or evidence that may be presented to or 13 considered by the Court prior to its ruling. 14 DATED: October 6, 2020 HOGE, FENTON, JONES & APPEL, INC. 15 16 17 Alison P. Buchanan Ashlee N. Cherry 18 Attorneys for Defendants CUNNINGHAM LEGAL; PRESTON MARX, 19 Ill; JAMES CUNNINGHAM; and ASCENT 20 WEALTH MANAGEMENT 21 22 23 24 25 26 27 28 4079995 -2- NOTICE OF DEFENDANT'S MOTION TO COMPEL PLAINTIFF’S FURTHER DISCOVERY RESPONSES AND REQUEST FOR SANCTIONS