Preview
CENTURY LAW GROUP LLP FILED
Court of Californte
Superior
Edward O. Lear (SBN 132699) County of Piacer
Rizza Gonzales (SBN 268118)
NOV 19 2020
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5200 W. Century Boulevard, Suite 345
Los Angeles, California 90045
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Jake Chatters
Ph.: (310) 642-6900 Executive Officer & Clerk
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By: M. Oliva ntes, Deputy
Fax: (310) 642-6910
on
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Attorneys for Plaintiff,
Steven Achstein
ND
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF PLACER
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Case No.: SCV0043589 Q
PLAINTIFF STEVEN ACHSTEIN’S a.
STEVEN ACHSTEIN;
FURTHER BRIEFING IN SUPPORT
12 Plaintiff, OF HIS MOTION TO COMPEL THE
13 V.
DEPOSITIONS OF DEFENDANT
MBUSA’S EXPERT WITNESSES
14 MERCEDES-BENZ USA, LLC; et al. CLARK BAUMAN AND DON
CRUSENBERRY AND PRODUCTION
15 Defendants. OF DOCUMENTS, AND FOR
16 MONETARY SANCTIONS IN THE
AMOUNT OF $1,954.00, OR IN THE
17 ALTERNATIVE, TO SHORTEN TIME;
MEMORANDUM OF POINTS AND
18 AUTHORITIES; DECLARATION OF
19 RIZZA GONZALES
20
21 Date: December 3, 2020
2 Time: 8:00 a.m.
Location: Dept. 42
Date Filed: August 20, 2019
24 Trial Date: November 30, 2020
25
26
27
28
PLAINTIFF’S FURTHER BRIEFING IN SUPPORT OF HIS MOTION TO COMPEL MBUSA’S
EXPERT WITNESSES’ DEPOSITIONS; OR TO SHORTEN TIME TO HEAR PLAINTIFF’S
MOTION
MEMORANDUM OF POINTS AND AUTHORITIES
Despite Defendant’s obligation to produce itsexpert witnesses for deposition under C.C.P.
KO
§ 2034.410 and 2034.460(a) and pursuant to the Notice of Deposition for MBUSA Expert
DD
Witnesses, Defendant has failed to produce them for expert deposition. C.C.P. § 2034.410 states
BR
that the procedures for taking the depositions of expert witnesses set forth in C.C.P. § 2025.410,
NO
et seq.
DO
C.C.P. § 2025.450 states:
OWN
(a) If, afte service of a deposition notice... fails to appear for examination, or to
proceed wilh it,or to produce for inspection any document or tangible thing described
CoO
in the deposition notice, the party giving the notice may move for an order compelling
the deponent's attendance and testimony, and the production for inspection of any
— NO
document or tangible thing described in the deposition notice. (Code Civ. Proc. §
eee
WD
2025.450(a)). (emphasis added). (C.C.P. § 2025.450(a)).
FF
Pursuant to C.C.P. § 2025.450(b), good cause exists to compel MBUSA’s Expert
nO
Witnesses’ deposition given that MBUSA has steadfastly refused to provide a date for their
DB
deposition despite Plaintiff's repeated and reasonable requests.
NY
Plaintiff served Notices of Deposition of Defendant Mercedes-Benz USA, LLC’s expert
FH
witnesses Don Crusenberry and Clark Bauman on October 21, 2020. The Notices of Deposition
ODO
the expert discovery cut-off period. As
Rr
scheduled their depositions forNovember 9 and 10, within
OD
set forth more fully below, despite Plaintiff's repeated requests for dates for Defendant’s expert
-F-&
NO
depositions which Plaintiff is entitled to take, Defendant has not once responded to Plaintiff's
NY
NY
requests with a mutually agreeable date despite the pending November 30, 2020, trialdate and
Ww
NY
discovery cutoff of November 15, 2020. These include communications on November 5, 2020
fF
NY
(following receipt of Defendant’s objections), November 6, 2020 (following Plaintiff's motion to
nA
NY
compel Mercedes-Benz of Rocklin’s employee depositions which was granted by the Court),
NY
NDB
November 12, 2020 (following Defendant’s failure to provide dealership deposition dates despite
NY
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NO
| os
PLAINTIFF’S EX PARTE APPLICATION TO EXCLUDE THE EXPERT OPINIONS OF
DEFENDANT MBUSA’S EXPERT WITNESSES OR, IN THE ALTERNATIVE, TO COMPEL
THEIR DEPOSITIONS; OR TO SHORTEN TIME TO HEAR PLAINTIFF’S MOTION
a Court order requiring them to meet and confer by November 11, 2020), and November 13, 2020
(following a request "Teetan to continue trial,but without any recognition of Plaintiff's repeated
attempts to obtain expert witness dates).
Even after the Court’s order of November 18, 2020, specially setting the date for this
motion in which the Court admonished Defendant and encouraged itto resolve this discovery
dispute, Defendant has only offered a deposition date for one of itsexperts on December 11, 2020,
based on its assumption that the trialwill be continued. It has not offered any dates for the
deposition of Mr. Crusenberry.
Plaintiff respectfully requests that the Court grant Plaintiff's motion to compel and
sanction Defendant for itscontinued gamesmanship. Plaintiff has been forced to bring two
motions to compel to this Court based solely on Defendant ignoring its obligations under the
Discovery Act.
Dated: November 19, p020 CENTURY LAW GROUP LLP
|
RIZZA GONZALES
Attorneys for Plaintiff
Steven Achstein
An
PLAINTIFF’S EX PARTE APPLICATION TO EXCLUDE THE EXPERT OPINIONS OF
DEFENDANT MBUSA’S EXPERT WITNESSES OR, IN THE ALTERNATIVE, TO COMPEL
THEIR DEPOSITIONS; OR TO SHORTEN TIME TO HEAR PLAINTIFF’S MOTION
DECLARATION OF RIZZA GONZALES
I,Rizza Gonzales, dedlare under penalty of perjury the following:
HH D
1. I am an attorney at law, duly licensed to practice before all
WD
courts inthe State of
California. I have personal knowledge
BR
of all facts contained in this declaration and, ifcalled
ON
upon to testify,| could and would competently
NW
testify to the truth of each statement contained
herein.
2. I am a partner of Century Law Group LLP (“CLG”) in Los Angeles, California.
In the instant action, | am associated counsel with the Law Offices of Patrea R. Bullock. |
ODO
represent Plaintiff Steyen Achstein inthe above-named matter.
3, Following
So
the Court’s order of November 18, 2020, I once again emailed
ea
Defendant’s counsel to obtain dates for its expert witnesses’ depositions. A true and correct
=
ee
copy of the email isecho hereto as Exhibit F.
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4. Attached hereto as Exhibit G isa true and correct copy of Defendant’s counsel’s
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firstproviding dates r one of itsexpert witnesses.
WNW BP
Executed this 19th day of November 2020, at Los Angeles, California.
DB
NY
66 ES
fF
Rizza Gonzales
DO
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RD
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NY
Ww
NY
NY
F YA
NY
AD
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NY
-4.
PLAINTIFF’S EX PARTE APPLICATION TO EXCLUDE THE EXPERT OPINIONS OF
DEFENDANT MBUSA’S EXPERT WITNESSES OR, IN THE ALTERNATIVE, TO COMPEL
THEIR DEPOSITIONS: OR TO SHORTEN TIME TO HEAR PLAINTIFF’S MOTION
EXHIBIT F
o
From: RizzaGonzales
To: JonUniversal;
Nejla
Nassirian
Ce: KathyFerrera;
EdwardLear;MarciaNey;SusanBeeler
Subject: Achstein
v.MBUS: A
- Further
Meetand Confer
Date: Wednesday,November 18,202010:55:00AM
This comes to follow up on the depositions ofthe dealership personnel and MBUSA’s expert
witnesses.
As to the dealership personne ,you provided the dates of 11/20 (afternoon) and 11/23. |would like
to send out amended notices, but |do not know who you are producing on which date.
Alternatively, we can agree th atamended notices are not required; but | would stillliketo know
which persons willbe deposed on which dates. Please provide thisinformation assoon as possible.
As to MBUSA’s expert witnesses, per the court’s order this morning, | am again writing to obtain
dates for their depositions in an attempt to resolve this discovery dispute prior to the 12/3 hearing
date. Please provide dates.
-Rizza
Rizza Gonzales, Esq.
Century Law Group LLP
5200 W. Century Blvd.,Ste. 34
Los Angeles, CA 90045
Ph: (310) 642-6900
Fax: (310) 642-6910
gonzales@centurylawgroup.ca m
PLEASE NOTE:
THE INFORMATION CONTAINE DIN THIS EMAIL TRANSMISSION ISCONFIDENTIAL AND ISINTENDED
TO BE SENT ONLY TO THE STAT ED RECIPIENT AND THUS MAY BE PRIVILEGED. IFTHE READER OF
THIS TRANSMISSION ISNOT TH E INTENDED RECIPIENT OR THE INTENDED RECIPIENT'S AUTHORIZED
AGENT, ANY REVIEW, DISSEMI NATION, DISTRIBUTION OR COPYING OF THE INFORMATION
CONTAINED IN THIS TRANSMIS SION ISPROHIBITED.
EXHIBIT G
ao
From: NejlaNassirian
To: RizzaGonzales;
EdwardLear;P.R.Bullock
Cc: JonUniversal;
JamesMayo; Brett
Wanner;SusanBeeler;
MarciaNey;HollyWilliams
Subject: FW: Achstein
v.MBUSA
Date: Thursday,
November 19,20209:45:56AM
Counsel,
As you know we are moving ex parte on Friday for a trialcontinuance. Additionally itisour
understanding per the new Placer County emergency rulesrelated toCOVID-19 that only criticalcivil
trialswilltake place inthe near future. With the understanding there will be no trialthis year due to
COVID, we are available for Clark Bauman’s remote deposition on December 11. We are working on
getting available dates forDon Crusenberry. Please also provide your experts deposition availability.
Thank you.
Nejla Nassirian, Esq.
Universal & Shannon LLP
2240 Douglas Boulevard, Suite 290
Roseville, California 95661
Telephone: (916) 780-4050
Facsimile: (916) 780-9070
nnassirian Ww m
Effective 08/01/2020 our office willaccept electronic service only for all legal
documents served pu rsuant to C.C.P. § 1010.6. Please use the following designated
electronic service ad¢ ress: eservice@uswlaw.com. A confirmation receipt willbe
provided. Do not sen da hard copy of e-served documents to our physical office.
PROOF OF SERVICE
(1013a, 2015.5 C.C.P.)
Re: Steven Achstein v. Mercedes -Benz USA., LLC: etal.
Case No.: SCV0043589
I,Kathy Ferrera, am employed in the County of Los Angeles, State of California. Iam
over the age of 18 and not a party to the within action; my business address is5200 W. Century
Blvd Suite 345 Los Angeles, CA 90045
On November 19, 2020, I served the following document(s) described as:
1. PLAINTIFF STEVEN ACHSTEIN’S FURTHER BRIEFING IN SUPPORT OF HIS
MOTION TO COMPEL THE DEPOSITIONS OF DEFENDANT MBUSA’S EXPERT
WITNESSES CLARK BAUMAN AND DON CRUSENBERRY AND PRODUCTION OF
DOCUMENTS, AND F OR MONETARY SANCTIONS IN THE AMOUNT OF $1,954.00,
10 OR IN THE ALTERNATIVE, TO SHORTEN TIME; MEMORANDUM OF POINTS
AND AUTHORITIES; DECLARATION OF RIZZA GONZALES
11
12
13 on the interested parties in this action as follows:
JON D. UNIVERSAL
14
NEJLA NASSIRIAN
15 UNIVERSAL & SHANNON , LLP
2240 Douglas Boulevard, Su te 290
16 Roseville, California 95661
eservice@uswlaw.com
17
juniversal@uswlaw.com
18
19
[ ](BY MAIL)
On said date I placed s uch envelope with postage thereon fully prepaid inthe United
States mail at Los Angeles, California.
[ ] lam "readily familiar" wi th the firm's practice of collection and processing correspondence
for mailing. Itis deposited wi th the U.S. postal service on that same day in the ordinary course
of business. Iam aware that o n motion of party served, service is presumed invalid if postal
cancellation date or postage m eter date ismore than | day after date of deposit for mailing in
affidavit.
[X] (BY E-MAIL)
On said date | e-mailed the ab ove-referenced document to the attention of: Jon Universal, and
eservice@uswlaw.com.
Ideclare under penalty of perjury that the above is true and correct and that this
declaration/certificate isexecuted at Los Angeles, California on November 19, 2020
Kathy Fouugde
Kathy F errera
Preview
CENTURY LAW GROUP LLP FILED Court of Californte Superior Edward O. Lear (SBN 132699) County of Piacer Rizza Gonzales (SBN 268118) NOV 19 2020 WN 5200 W. Century Boulevard, Suite 345 Los Angeles, California 90045 WwW Jake Chatters Ph.: (310) 642-6900 Executive Officer & Clerk ~~? Fe By: M. Oliva ntes, Deputy Fax: (310) 642-6910 on A Attorneys for Plaintiff, Steven Achstein ND SUPERIOR COURT FOR THE STATE OF CALIFORNIA Oo IN AND FOR THE COUNTY OF PLACER 0 smc Go Case No.: SCV0043589 Q PLAINTIFF STEVEN ACHSTEIN’S a. STEVEN ACHSTEIN; FURTHER BRIEFING IN SUPPORT 12 Plaintiff, OF HIS MOTION TO COMPEL THE 13 V. DEPOSITIONS OF DEFENDANT MBUSA’S EXPERT WITNESSES 14 MERCEDES-BENZ USA, LLC; et al. CLARK BAUMAN AND DON CRUSENBERRY AND PRODUCTION 15 Defendants. OF DOCUMENTS, AND FOR 16 MONETARY SANCTIONS IN THE AMOUNT OF $1,954.00, OR IN THE 17 ALTERNATIVE, TO SHORTEN TIME; MEMORANDUM OF POINTS AND 18 AUTHORITIES; DECLARATION OF 19 RIZZA GONZALES 20 21 Date: December 3, 2020 2 Time: 8:00 a.m. Location: Dept. 42 Date Filed: August 20, 2019 24 Trial Date: November 30, 2020 25 26 27 28 PLAINTIFF’S FURTHER BRIEFING IN SUPPORT OF HIS MOTION TO COMPEL MBUSA’S EXPERT WITNESSES’ DEPOSITIONS; OR TO SHORTEN TIME TO HEAR PLAINTIFF’S MOTION MEMORANDUM OF POINTS AND AUTHORITIES Despite Defendant’s obligation to produce itsexpert witnesses for deposition under C.C.P. KO § 2034.410 and 2034.460(a) and pursuant to the Notice of Deposition for MBUSA Expert DD Witnesses, Defendant has failed to produce them for expert deposition. C.C.P. § 2034.410 states BR that the procedures for taking the depositions of expert witnesses set forth in C.C.P. § 2025.410, NO et seq. DO C.C.P. § 2025.450 states: OWN (a) If, afte service of a deposition notice... fails to appear for examination, or to proceed wilh it,or to produce for inspection any document or tangible thing described CoO in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any — NO document or tangible thing described in the deposition notice. (Code Civ. Proc. § eee WD 2025.450(a)). (emphasis added). (C.C.P. § 2025.450(a)). FF Pursuant to C.C.P. § 2025.450(b), good cause exists to compel MBUSA’s Expert nO Witnesses’ deposition given that MBUSA has steadfastly refused to provide a date for their DB deposition despite Plaintiff's repeated and reasonable requests. NY Plaintiff served Notices of Deposition of Defendant Mercedes-Benz USA, LLC’s expert FH witnesses Don Crusenberry and Clark Bauman on October 21, 2020. The Notices of Deposition ODO the expert discovery cut-off period. As Rr scheduled their depositions forNovember 9 and 10, within OD set forth more fully below, despite Plaintiff's repeated requests for dates for Defendant’s expert -F-& NO depositions which Plaintiff is entitled to take, Defendant has not once responded to Plaintiff's NY NY requests with a mutually agreeable date despite the pending November 30, 2020, trialdate and Ww NY discovery cutoff of November 15, 2020. These include communications on November 5, 2020 fF NY (following receipt of Defendant’s objections), November 6, 2020 (following Plaintiff's motion to nA NY compel Mercedes-Benz of Rocklin’s employee depositions which was granted by the Court), NY NDB November 12, 2020 (following Defendant’s failure to provide dealership deposition dates despite NY Oo NO | os PLAINTIFF’S EX PARTE APPLICATION TO EXCLUDE THE EXPERT OPINIONS OF DEFENDANT MBUSA’S EXPERT WITNESSES OR, IN THE ALTERNATIVE, TO COMPEL THEIR DEPOSITIONS; OR TO SHORTEN TIME TO HEAR PLAINTIFF’S MOTION a Court order requiring them to meet and confer by November 11, 2020), and November 13, 2020 (following a request "Teetan to continue trial,but without any recognition of Plaintiff's repeated attempts to obtain expert witness dates). Even after the Court’s order of November 18, 2020, specially setting the date for this motion in which the Court admonished Defendant and encouraged itto resolve this discovery dispute, Defendant has only offered a deposition date for one of itsexperts on December 11, 2020, based on its assumption that the trialwill be continued. It has not offered any dates for the deposition of Mr. Crusenberry. Plaintiff respectfully requests that the Court grant Plaintiff's motion to compel and sanction Defendant for itscontinued gamesmanship. Plaintiff has been forced to bring two motions to compel to this Court based solely on Defendant ignoring its obligations under the Discovery Act. Dated: November 19, p020 CENTURY LAW GROUP LLP | RIZZA GONZALES Attorneys for Plaintiff Steven Achstein An PLAINTIFF’S EX PARTE APPLICATION TO EXCLUDE THE EXPERT OPINIONS OF DEFENDANT MBUSA’S EXPERT WITNESSES OR, IN THE ALTERNATIVE, TO COMPEL THEIR DEPOSITIONS; OR TO SHORTEN TIME TO HEAR PLAINTIFF’S MOTION DECLARATION OF RIZZA GONZALES I,Rizza Gonzales, dedlare under penalty of perjury the following: HH D 1. I am an attorney at law, duly licensed to practice before all WD courts inthe State of California. I have personal knowledge BR of all facts contained in this declaration and, ifcalled ON upon to testify,| could and would competently NW testify to the truth of each statement contained herein. 2. I am a partner of Century Law Group LLP (“CLG”) in Los Angeles, California. In the instant action, | am associated counsel with the Law Offices of Patrea R. Bullock. | ODO represent Plaintiff Steyen Achstein inthe above-named matter. 3, Following So the Court’s order of November 18, 2020, I once again emailed ea Defendant’s counsel to obtain dates for its expert witnesses’ depositions. A true and correct = ee copy of the email isecho hereto as Exhibit F. po 4. Attached hereto as Exhibit G isa true and correct copy of Defendant’s counsel’s WD eae firstproviding dates r one of itsexpert witnesses. WNW BP Executed this 19th day of November 2020, at Los Angeles, California. DB NY 66 ES fF Rizza Gonzales DO RO —|& RD YQ NY Ww NY NY F YA NY AD NY ao NY -4. PLAINTIFF’S EX PARTE APPLICATION TO EXCLUDE THE EXPERT OPINIONS OF DEFENDANT MBUSA’S EXPERT WITNESSES OR, IN THE ALTERNATIVE, TO COMPEL THEIR DEPOSITIONS: OR TO SHORTEN TIME TO HEAR PLAINTIFF’S MOTION EXHIBIT F o From: RizzaGonzales To: JonUniversal; Nejla Nassirian Ce: KathyFerrera; EdwardLear;MarciaNey;SusanBeeler Subject: Achstein v.MBUS: A - Further Meetand Confer Date: Wednesday,November 18,202010:55:00AM This comes to follow up on the depositions ofthe dealership personnel and MBUSA’s expert witnesses. As to the dealership personne ,you provided the dates of 11/20 (afternoon) and 11/23. |would like to send out amended notices, but |do not know who you are producing on which date. Alternatively, we can agree th atamended notices are not required; but | would stillliketo know which persons willbe deposed on which dates. Please provide thisinformation assoon as possible. As to MBUSA’s expert witnesses, per the court’s order this morning, | am again writing to obtain dates for their depositions in an attempt to resolve this discovery dispute prior to the 12/3 hearing date. Please provide dates. -Rizza Rizza Gonzales, Esq. Century Law Group LLP 5200 W. Century Blvd.,Ste. 34 Los Angeles, CA 90045 Ph: (310) 642-6900 Fax: (310) 642-6910 gonzales@centurylawgroup.ca m PLEASE NOTE: THE INFORMATION CONTAINE DIN THIS EMAIL TRANSMISSION ISCONFIDENTIAL AND ISINTENDED TO BE SENT ONLY TO THE STAT ED RECIPIENT AND THUS MAY BE PRIVILEGED. IFTHE READER OF THIS TRANSMISSION ISNOT TH E INTENDED RECIPIENT OR THE INTENDED RECIPIENT'S AUTHORIZED AGENT, ANY REVIEW, DISSEMI NATION, DISTRIBUTION OR COPYING OF THE INFORMATION CONTAINED IN THIS TRANSMIS SION ISPROHIBITED. EXHIBIT G ao From: NejlaNassirian To: RizzaGonzales; EdwardLear;P.R.Bullock Cc: JonUniversal; JamesMayo; Brett Wanner;SusanBeeler; MarciaNey;HollyWilliams Subject: FW: Achstein v.MBUSA Date: Thursday, November 19,20209:45:56AM Counsel, As you know we are moving ex parte on Friday for a trialcontinuance. Additionally itisour understanding per the new Placer County emergency rulesrelated toCOVID-19 that only criticalcivil trialswilltake place inthe near future. With the understanding there will be no trialthis year due to COVID, we are available for Clark Bauman’s remote deposition on December 11. We are working on getting available dates forDon Crusenberry. Please also provide your experts deposition availability. Thank you. Nejla Nassirian, Esq. Universal & Shannon LLP 2240 Douglas Boulevard, Suite 290 Roseville, California 95661 Telephone: (916) 780-4050 Facsimile: (916) 780-9070 nnassirian Ww m Effective 08/01/2020 our office willaccept electronic service only for all legal documents served pu rsuant to C.C.P. § 1010.6. Please use the following designated electronic service ad¢ ress: eservice@uswlaw.com. A confirmation receipt willbe provided. Do not sen da hard copy of e-served documents to our physical office. PROOF OF SERVICE (1013a, 2015.5 C.C.P.) Re: Steven Achstein v. Mercedes -Benz USA., LLC: etal. Case No.: SCV0043589 I,Kathy Ferrera, am employed in the County of Los Angeles, State of California. Iam over the age of 18 and not a party to the within action; my business address is5200 W. Century Blvd Suite 345 Los Angeles, CA 90045 On November 19, 2020, I served the following document(s) described as: 1. PLAINTIFF STEVEN ACHSTEIN’S FURTHER BRIEFING IN SUPPORT OF HIS MOTION TO COMPEL THE DEPOSITIONS OF DEFENDANT MBUSA’S EXPERT WITNESSES CLARK BAUMAN AND DON CRUSENBERRY AND PRODUCTION OF DOCUMENTS, AND F OR MONETARY SANCTIONS IN THE AMOUNT OF $1,954.00, 10 OR IN THE ALTERNATIVE, TO SHORTEN TIME; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF RIZZA GONZALES 11 12 13 on the interested parties in this action as follows: JON D. UNIVERSAL 14 NEJLA NASSIRIAN 15 UNIVERSAL & SHANNON , LLP 2240 Douglas Boulevard, Su te 290 16 Roseville, California 95661 eservice@uswlaw.com 17 juniversal@uswlaw.com 18 19 [ ](BY MAIL) On said date I placed s uch envelope with postage thereon fully prepaid inthe United States mail at Los Angeles, California. [ ] lam "readily familiar" wi th the firm's practice of collection and processing correspondence for mailing. Itis deposited wi th the U.S. postal service on that same day in the ordinary course of business. Iam aware that o n motion of party served, service is presumed invalid if postal cancellation date or postage m eter date ismore than | day after date of deposit for mailing in affidavit. [X] (BY E-MAIL) On said date | e-mailed the ab ove-referenced document to the attention of: Jon Universal, and eservice@uswlaw.com. Ideclare under penalty of perjury that the above is true and correct and that this declaration/certificate isexecuted at Los Angeles, California on November 19, 2020 Kathy Fouugde Kathy F errera