Preview
David F. Myers, Esq. (SBN 185102)
1 WOLKIN · CURRAN, LLP
111 Maiden Lane, 6th Floor
2 San Francisco, California 94108 11/10/2020
Telephone: (415) 982-9390
3 dmyers@wolkincurran.com
4 Attorneys for Plaintiff,
SURETEC INSURANCE COMPANY
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF PLACER
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SURETEC INSURANCE COMPANY, a Case No. M-CV-0076678
11 Texas corporation,
12 Plaintiff, DECLARATION OF DAVID F. MYERS
IN SUPPORT OF EX PARTE
13 v. APPLICATION FOR ORDER
SHORTENING TIME FOR HEARING
14 ZENAIDA PADLAN GRAVES, an ON MOTION TO COMPEL
individual; and DOES 1 through 10, DEPOSITION AND FOR MONETARY
15 inclusive, SANCTIONS
16 Defendants. Date: November 12, 2020
Time: 8:00 a.m.
17 Dept.: 42
18 Action Filed: June 11, 2020
Trial Date: None
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21 I, David F. Myers, declare as follows:
22 1. I am a partner with the law firm of Wolkin Curran, LLP, attorneys of record for
23 Plaintiff SURETEC INSURANCE COMPANY (“Suretec”) in this action.
24 2. The facts contained herein are based upon my personal knowledge, and if called
25 upon as a witness, I could and would testify to the truth of these statements.
26 3. On October 15, 2020, my office served a Notice of Deposition of Zenaida Padlan
27 Graves (the “Notice”) via email and U.S. mail. A true and correct copy of the Notice is attached
28 hereto as Exhibit 1.
1.
DECLARATION OF DAVID F. MYERS IN SUPPORT OF EX PARTE APPLICATION FOR OST CASE NO.: M-CV-0076678
FOR HEARING ON MOTION TO COMPEL DEPOSITION AND FOR MONETARY SANCTIONS
4. Pursuant to CRC 3.1203, on November 10, 2020 at approximately 8:45 a.m., I
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placed a call to defendant Zenaida Graves (“Graves”) and left her a voice mail message advising
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that I would be appearing on Thursday, November 12, 2020 at 8:00 a.m., in Department 42 of
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this Court, in support of Suretec’s Ex Parte Application for Order Shortening Time for Hearing
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on Motion to Compel Deposition of Zenaida Padlan Graves and for Monetary Sanctions (the
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“Application”). Following that phone call, at approximately 8:50 a.m. I forwarded an email
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message to Graves that attached a copy of the Ex Parte Application bearing the date, time and
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location of the ex parte hearing. A true and correct copy of my email forwarding the Ex Parte
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Application is attached hereto as Exhibit 2.
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5. On October 20, 2020, Graves forwarded an email to me requesting that the
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deposition start at 2:00 p.m. rather than 9:00 a.m. and insisted that the deposition take place via
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telephone rather than in person or via video. A true and correct copy of Graves’ email with
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attachment is attached hereto as Exhibit 3.
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6. By email sent on October 21, 2020, Suretec accepted both of the above requests
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by Graves and the deposition was confirmed for October 29, 2020 at 2:00 p.m. A true and
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correct copy of my email to Graves is attached hereto as Exhibit 4.
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7. On October 29, 2020 prior to 2:00 p.m. I called in for the deposition. As of 2:23
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p.m. Graves had not dialed in for the deposition and, as such, I recorded the statement of non-
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appearance, a true and correct copy of which is attached hereto as Exhibit 5.
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8. At no time have I received any written Notice of Objection pursuant to Code of
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Civil Procedure Sect. 2025.410 from Graves in connection with this deposition.
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9. On November 2, 2020, I drafted and sent a letter to Graves in an effort to meet
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and confer in order to resolve the instant discovery dispute. In that letter, inter alia, I proposed
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that if she would agree to voluntarily appear on a date certain on or before November 13, 2020, I
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would reschedule the deposition and it would avoid the necessity for a motion to compel. A true
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and correct copy of my letter of November 2, 2020 is attached hereto as Exhibit 6 (see bottom p.
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1 to top p. 2).
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2.
DECLARATION OF DAVID F. MYERS IN SUPPORT OF EX PARTE APPLICATION FOR OST CASE NO.: M-CV-0076678
FOR HEARING ON MOTION TO COMPEL DEPOSITION AND FOR MONETARY SANCTIONS
10. On November 4, 2020, I called Graves for the purpose of following-up on my
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meet and confer efforts and left a voice mail message. I then sent her an email noting that I had
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called. She returned by email message and said she would be available to talk at approximately
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3:30 p.m. I called her at shortly after 3:30 p.m. and, again, left a voice mail message. She called
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me back shortly thereafter. In our telephone conversation, Graves unequivocally stated that she
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would not commit to a date to complete her deposition. Later in the afternoon of November 4,
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2020, Graves emailed me a letter, to which I responded via email on November 5, 2020. A true
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and correct copy of my email of November 5, 2020 is attached hereto as Exhibit 7.
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11. As of the date of this Application, Graves has not provided a date certain for her
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deposition.
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I declare under penalty of perjury under the laws of the State of California that the
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forgoing is true and correct.
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Executed at San Francisco, California, this 10th day of November, 2020.
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--c....,
........__
____________________________
David F. Myers
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3.
DECLARATION OF DAVID F. MYERS IN SUPPORT OF EX PARTE APPLICATION FOR OST CASE NO.: M-CV-0076678
FOR HEARING ON MOTION TO COMPEL DEPOSITION AND FOR MONETARY SANCTIONS
EXHIBIT 1
1 David F. Myers, Esq. (SBN 185102)
WOLKIN · CURRAN, LLP
2 111 Maiden Lane, 6th Floor
San Francisco, California 94108
3 Telephone: (415) 982-9390
dmyers@wolkincurran.com
4
Attorneys for Plaintiff,
5 SURETEC INSURANCE COMPANY
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF PLACER
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11 SURETEC INSURANCE COMPANY, a Case No. M-CV-0076678
Texas corporation,
12
Plaintiff, NOTICE OF DEPOSITION OF
13 ZENAIDA PADLAN GRAVES
v.
14
ZENAIDA PADLAN GRAVES, an Date: October 29, 2020
15 individual; and DOES 1 through 10, Time: 9:00 a.m.
inclusive, Location: Regus - Highland Pointe
16 915 Highland Pointe Drive,
Defendants. Suite 250
17 Roseville, CA 95678
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Action Filed: June 11, 2020
19 Trial Date: None
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22 TO ALL PARTIES HEREIN AND THEIR ATTORNEYS OF RECORD:
23 PLEASE TAKE NOTICE that pursuant to Code of Civil Procedure Sect. 2025.210, et
24 seq., plaintiff, SureTec Insurance Company, will take the deposition of defendant, Zenaida
25 Padlan Graves on October 29, 2020, commencing at 9:00 a.m. at Regus – Highland Pointe,
26 915 Highland Pointe Drive, Suite 250, Roseville, CA 95678.
27 This oral deposition will be taken before a deposition officer, duly authorized to
28 administer oaths in the State of California, who will record the testimony stenographically.
1.
NOTICE OF DEPOSITION OF GRAVES CASE NO.: M-CV-0076678
1 SureTec Insurance Company reserves the right to videotape the deposition pursuant to Code of
2 Civil Procedure Sect. 2025.220(a)(5).
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4 Dated: October 15, 2020 WOLKIN ▪ CURRAN, LLP
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6 By:
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________________________________
7 David F. Myers
Attorneys for Plaintiff, SURETEC
8 INSURANCE COMPANY
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2.
NOTICE OF DEPOSITION OF GRAVES CASE NO.: M-CV-0076678
1 PROOF OF SERVICE
2 I, Drew Storms, declare as follows:
3 I am a citizen of the United States, over the age of eighteen years and not a party to
4 the within entitled action. I am employed at WOLKIN · CURRAN, LLP, located at 111
5 Maiden Lane, 6th Floor, San Francisco, CA, 94108.
6 On October 15, 2020, I served the attached/accompanying document(s),
7 NOTICE OF DEPOSITION OF ZENAIDA PADLAN GRAVES
8 on the interested parties in said action, by placing a true copy thereof in a sealed
9 envelope(s) or package(s), with delivery fees or postage fully prepaid, addressed as follows:
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Zenaida P. Graves
11 2351 Sunset Blvd., Suite 170-238 Defendant, ZENAIDA P. GRAVES
Rocklin, CA 95765-4306
12 Email: Zpgraves16sja@yahoo.com In Pro Per
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and served the named document in the manner(s) indicated below:
14 X BY ELECTRONIC SERVICE: I transmitted true and correct copy(ies) of the above document(s)
by electronic mail service from: dstorms@wolkincurran.com on 10/15/2020 to the addressee(s)
15 listed above or on the attached service list on whom service is to be made at their respective e-mail
addresses as listed above or on the attached service list.
A signed copy of this affidavit or certificate
16 of mailing accompanied the above named document(s).
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AND
18 BY MAIL: I placed true and correct copy(ies) of the above named document(s) in sealed
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envelope(s) or package(s), with postage fully prepaid, addressed to the addressee(s) listed above or
19 on the attached service list on whom service is to be made. I served the above named document(s)
by placing the envelope or package for collection and mailing following our ordinary business
20 practices. I am readily familiar with this business’s practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and
21 mailing, it is deposited in the ordinary course of business with the United States Postal Service.
The
above named document(s) being served by mail bore a notation of the date and place of mailing and
22 a signed copy of this affidavit or certificate of mailing accompanied the above named document(s).
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I declare under penalty of perjury under the laws of the State of California that the
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foregoing is true and correct and that I am employed in the office of a member of the bar of
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this court at whose direction the service was made. Executed October 15, 2020, at
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San Francisco, California.
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28 Drew Storms
1.
PROOF OF SERVICE CASE NO.: M-CV-0076678
EXHIBIT 2
From: David Myers
To: "Zenny Graves"
Cc: Drew Storms
Subject: Re: Suretec v. Graves
Date: Tuesday, November 10, 2020 8:51:00 AM
Attachments: Ex Parte MTC Depo.pdf
Our File: 77186
Ms. Graves:
I just left a voice mail message for you regarding this matter and advising that I would follow that
with this email. Attached is an Ex Parte Application for Order Shortening Time for Hearing of Motion
to Compel Deposition and Monetary Sanctions. Please note that the hearing date for the
Application is listed on the caption page and is as follows:
November 12, 2020
8:00 a.m.
Dept. 42
10820 Justice Center Drive, Roseville, California 95678.
Pursuant to applicable rules, I am to advise the Court as to whether you intend to appear to oppose
the Application. As such, please reply to this email or call me to let me know whether you intend
to appear for the hearing.
Best,
dave
Wolkin Curran, LLP will remain operational during COVID-19. Please
kindly send all correspondence and pleadings via e-mail.
David F. Myers, Esq.
WOLKIN CURRAN, LLP
111 Maiden Lane, 6th Floor
San Francisco, CA94108
(415) 982-9390
dmyers@wolkincurran.com
EXHIBIT 3
From: David Myers
To: "Zenny Graves"
Subject: RE: Deposition by Telephonic Appearance
Date: Wednesday, October 21, 2020 4:33:00 PM
Our File: 77186
Pursuant to CCP §2025.310, it is certainly acceptable to conduct remote depositions via phone or video.Can you
appear via video, such as Zoom? In my experience, that results in a better process as the parties are less likely to
interrupt or speak over each other and the deposition proceeds more quickly.Please let me know if you can appear
via video as opposed to telephone.
Your request to start the deposition at 2:00 p.m. instead of 9:00 a.m. is okay with me, with the caveat that it could
result in the deposition going past 5:00 p.m.
In addition to the above matters, if you are attending the deposition remotely, since I will need to have you review
exhibits, will you need me to send you hard copies of each one prior to the deposition or can you accept them via
email and print them out yourself? Please let me know about that as well.
I look forward to your responses to each of the above inquiries.
Best,
dave
Wolkin Curran, LLP will remain operational during COVID-19. Please kindly send all correspondence and
pleadings via e-mail.
David F. Myers, Esq.
WOLKIN CURRAN, LLP
111 Maiden Lane, 6th Floor
San Francisco, CA 94108
(415) 982-9390
dmyers@wolkincurran.com
-----Original Message-----
From: Zenny Graves
Sent: Tuesday, October 20, 2020 3:27 PM
To: David Myers
Subject: Deposition by Telephonic Appearance
Response and clarifications to your deposition request.
From,
Zenaida
EXHIBIT 4
From: David Myers
To: "Zenny Graves"
Subject: RE: Deposition by Telephonic Appearance
Date: Wednesday, October 21, 2020 4:33:00 PM
Our File: 77186
Pursuant to CCP §2025.310, it is certainly acceptable to conduct remote depositions via phone or video.Can you
appear via video, such as Zoom? In my experience, that results in a better process as the parties are less likely to
interrupt or speak over each other and the deposition proceeds more quickly.Please let me know if you can appear
via video as opposed to telephone.
Your request to start the deposition at 2:00 p.m. instead of 9:00 a.m. is okay with me, with the caveat that it could
result in the deposition going past 5:00 p.m.
In addition to the above matters, if you are attending the deposition remotely, since I will need to have you review
exhibits, will you need me to send you hard copies of each one prior to the deposition or can you accept them via
email and print them out yourself? Please let me know about that as well.
I look forward to your responses to each of the above inquiries.
Best,
dave
Wolkin Curran, LLP will remain operational during COVID-19. Please kindly send all correspondence and
pleadings via e-mail.
David F. Myers, Esq.
WOLKIN CURRAN, LLP
111 Maiden Lane, 6th Floor
San Francisco, CA 94108
(415) 982-9390
dmyers@wolkincurran.com
-----Original Message-----
From: Zenny Graves
Sent: Tuesday, October 20, 2020 3:27 PM
To: David Myers
Subject: Deposition by Telephonic Appearance
Response and clarifications to your deposition request.
From,
Zenaida
EXHIBIT 5
1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 COUNTY OF PLACER
3
4 SURETEC INSURANCE COMPANY,
a Texas corporation,
5
Plaintiff,
6
vs. Case No: M-CV-0076678
7
ZENAIDA PADLAN GRAVES,
8 an individual; and DOES 1
through 10, inclusive,
9
Defendants.
10 __________________________/
11
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13 CERTIFICATE OF NONAPPEARANCE FOR THE TELEPHONIC
14 DEPOSITION OF ZENAIDA PADLAN GRAVES
15 San Francisco, California
16 Thursday, October 29, 2020
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22 Reported by:
23 DEBBIE RAZAVI, CSR NO. 9989
24 Job No. 4298765
25 PAGES 1 - 7
Page 1
Aiken Welch, A Veritext Company
510-451-1580
1 SUPERIOR COURT OF THE STATE OF CALIFORNIA
2 COUNTY OF PLACER
3
4 SURETEC INSURANCE COMPANY,
a Texas corporation,
5
Plaintiff,
6
vs. Case No: M-CV-0076678
7
ZENAIDA PADLAN GRAVES,
8 an individual; and DOES 1
through 10, inclusive,
9
Defendants.
10 __________________________/
11
12
13
14
15 Telephonic Certificate of Nonappearance for the
16 telephonic deposition of ZENAIDA PADLAN GRAVES, taken on
17 behalf of Plaintiff, in San Francisco, California,
18 beginning at 2:20 p.m. and ending at 2:23 p.m. on
19 Thursday, October 29, 2020, before Debbie Razavi,
20 Certified Shorthand Reporter No. 9989.
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Page 2
Aiken Welch, A Veritext Company
510-451-1580
1 APPEARANCES
2 For Plaintiff:
3 WOLKIN CURRAN, LLP
4 BY: DAVID F. MYERS, ESQUIRE
5 111 Maiden Lane, 6th Floor
6 San Francisco, California 94108
7 (415) 982-9390
8 dmyers@wolkincurran.com
9 (Appearing telephonically)
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Page 3
Aiken Welch, A Veritext Company
510-451-1580
1 INDEX
2 STATEMENT ON RECORD PAGE
3 BY MR. MYERS 5
4 EXHIBITS
5 NUMBER DESCRIPTION PAGE
6 Exhibit 1 Notice of Telephonic 6
7 Deposition
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Page 4
Aiken Welch, A Veritext Company
510-451-1580
1 San Francisco, California, Thursday, October 29, 2020,
2 2:20 p.m.
3
4 MR. MYERS: This is Dave Myers, attorney
5 appearing for plaintiff SureTec Insurance Company. The
6 purpose of this statement is to memorialize
7 nonattendance of the deponent Zenaida Graves.
8 I'm going to have attached as Exhibit 1 a copy
9 of a document served by Ms. Graves titled Deposition by
10 Telephonic Appearance. In Exhibit 1 she states that,
11 among other things, she is not available for the time
12 listed in the notice of deposition which was originally
13 9:00 a.m., open quote, "but will be available at
14 2:00 p.m. on October 29, 2020," closed quote.
15 So I want to attach that to the record
16 demonstrating that the deponent had agreed to appear at
17 this time and on this date.
18 We have been waiting starting just prior to
19 2:00 p.m. and it is now 2:23 p.m., so it is my belief
20 that she is not going to attend.
21 One more item for the record is that yesterday
22 at 1:23 p.m. my assistant Drew Storms forwarded an
23 E-mail to Ms. Graves confirming the telephonic dial-in
24 instructions for this deposition.
25 And that concludes the statement.
Page 5
Aiken Welch, A Veritext Company
510-451-1580
1 (Exhibit 1 was marked for identification.)
2 (Time noted: 2:23 p.m.)
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Page 6
Aiken Welch, A Veritext Company
510-451-1580
1 I, the undersigned, a Certified Shorthand
2 Reporter of the State of California, do hereby certify:
3 That the foregoing proceedings were taken before
4 me at the time and place herein set forth; that any
5 witnesses in the foregoing proceedings, prior to
6 testifying, were placed under oath; that a verbatim
7 record of the proceedings was made by me using machine
8 shorthand which was thereafter transcribed under my
9 direction; further, that the foregoing is an accurate
10 transcription thereof.
11 Further, that if the foregoing pertains to the
12 original transcript of a deposition in a Federal case,
13 before completion of the proceedings review of the
14 transcript [ ] was [ ] was not required.
15 I further certify that I am neither financially
16 interested in the action nor a relative or employee of
17 any attorney or any of the parties.
18 IN WITNESS WHEREOF, I have this date subscribed
19 my name.
20 Dated: October 29, 2020
21
22
23 <%7668,Signature%>
24 DEBBIE RAZAVI
25 CSR No. 9989
Page 7
Aiken Welch, A Veritext Company
510-451-1580
[0076678 - number]
0 action 7:16 d g
0076678 1:6 2:6 agreed 5:16 date 5:17 7:18 going 5:8,20
appear 5:16 dated 7:20 graves 1:7,14 2:7
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5:8,10 6:1 appearing 3:9 5:5 debbie 1:23 2:19
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defendants 1:9 2:9
1:23 5:22 attached 5:8 index 4:1
demonstrating
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available 5:11,13 insurance 1:4 2:4
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california 1:1,15
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certified 2:20 7:1 employee 7:16 m 1:6 2:6
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6th 3:5 company 1:4 2:4 6:1 mail 5:23
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7668 7:23 concludes 5:25 f 3:4 myers 3:4 4:3 5:4
9 confirming 5:23 federal 7:12 5:4
copy 5:8 financially 7:15
94108 3:6 n
corporation 1:4 floor 3:5
982-9390 3:7 name 7:19
2:4 foregoing 7:3,5,9
9989 1:23 2:20 neither 7:15
county 1:2 2:2 7:11
7:25 nonappearance
court 1:1 2:1 forth 7:4
9:00 5:13 1:13 2:15
csr 1:23 7:25 forwarded 5:22
a curran 3:3 nonattendance 5:7
francisco 1:15 noted 6:2
a.m. 5:13 cv 1:6 2:6 2:17 3:6 5:1
accurate 7:9 notice 4:6 5:12
further 7:9,11,15 number 4:5
Page 1
Aiken Welch, A Veritext Company
510-451-1580
[oath - zenaida]
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oath 7:6 san 1:15 2:17 3:6 verbatim 7:6
october 1:16 2:19 5:1 vs 1:6 2:6
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open 5:13 set 7:4
waiting 5:18
original 7:12 shorthand 2:20
want 5:15
originally 5:12 7:1,8
whereof 7:18
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witness 7:18
starting 5:18
p.m. 2:18,18 5:2 witnesses 7:5
state 1:1 2:1 7:2
5:14,19,19,22 6:2 wolkin 3:3
statement 4:2 5:6
padlan 1:7,14 2:7 wolkincurran.com
5:25
2:16 3:8
states 5:10
page 4:2,5 y
storms 5:22
pages 1:25
subscribed 7:18 yesterday 5:21
parties 7:17
superior 1:1 2:1 z
pertains 7:11
suretec 1:4 2:4 5:5 zenaida 1:7,14 2:7
place 7:4
placed 7:6 t 2:16 5:7
placer 1:2 2:2 taken 2:16 7:3
plaintiff 1:5 2:5,17 telephonic 1:13
3:2 5:5 2:15,16 4:6 5:10
prior 5:18 7:5 5:23
proceedings 7:3,5 telephonically 3:9
7:7,13 testifying 7:6
purpose 5:6 texas 1:4 2:4
q thereof 7:10
things 5:11
quote 5:13,14
thursday 1:16
r 2:19 5:1
razavi 1:23 2:19 time 5:11,17 6:2
7:24 7:4
record 4:2 5:15,21 titled 5:9
7:7 transcribed 7:8
relative 7:16 transcript 7:12,14
reported 1:22 transcription 7:10
reporter 2:20 7:2 u
required 7:14
unders
Preview
David F. Myers, Esq. (SBN 185102) 1 WOLKIN · CURRAN, LLP 111 Maiden Lane, 6th Floor 2 San Francisco, California 94108 11/10/2020 Telephone: (415) 982-9390 3 dmyers@wolkincurran.com 4 Attorneys for Plaintiff, SURETEC INSURANCE COMPANY 5 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR THE COUNTY OF PLACER 9 10 SURETEC INSURANCE COMPANY, a Case No. M-CV-0076678 11 Texas corporation, 12 Plaintiff, DECLARATION OF DAVID F. MYERS IN SUPPORT OF EX PARTE 13 v. APPLICATION FOR ORDER SHORTENING TIME FOR HEARING 14 ZENAIDA PADLAN GRAVES, an ON MOTION TO COMPEL individual; and DOES 1 through 10, DEPOSITION AND FOR MONETARY 15 inclusive, SANCTIONS 16 Defendants. Date: November 12, 2020 Time: 8:00 a.m. 17 Dept.: 42 18 Action Filed: June 11, 2020 Trial Date: None 19 20 21 I, David F. Myers, declare as follows: 22 1. I am a partner with the law firm of Wolkin Curran, LLP, attorneys of record for 23 Plaintiff SURETEC INSURANCE COMPANY (“Suretec”) in this action. 24 2. The facts contained herein are based upon my personal knowledge, and if called 25 upon as a witness, I could and would testify to the truth of these statements. 26 3. On October 15, 2020, my office served a Notice of Deposition of Zenaida Padlan 27 Graves (the “Notice”) via email and U.S. mail. A true and correct copy of the Notice is attached 28 hereto as Exhibit 1. 1. DECLARATION OF DAVID F. MYERS IN SUPPORT OF EX PARTE APPLICATION FOR OST CASE NO.: M-CV-0076678 FOR HEARING ON MOTION TO COMPEL DEPOSITION AND FOR MONETARY SANCTIONS 4. Pursuant to CRC 3.1203, on November 10, 2020 at approximately 8:45 a.m., I 1 placed a call to defendant Zenaida Graves (“Graves”) and left her a voice mail message advising 2 that I would be appearing on Thursday, November 12, 2020 at 8:00 a.m., in Department 42 of 3 this Court, in support of Suretec’s Ex Parte Application for Order Shortening Time for Hearing 4 on Motion to Compel Deposition of Zenaida Padlan Graves and for Monetary Sanctions (the 5 “Application”). Following that phone call, at approximately 8:50 a.m. I forwarded an email 6 message to Graves that attached a copy of the Ex Parte Application bearing the date, time and 7 location of the ex parte hearing. A true and correct copy of my email forwarding the Ex Parte 8 Application is attached hereto as Exhibit 2. 9 5. On October 20, 2020, Graves forwarded an email to me requesting that the 10 deposition start at 2:00 p.m. rather than 9:00 a.m. and insisted that the deposition take place via 11 telephone rather than in person or via video. A true and correct copy of Graves’ email with 12 attachment is attached hereto as Exhibit 3. 13 6. By email sent on October 21, 2020, Suretec accepted both of the above requests 14 by Graves and the deposition was confirmed for October 29, 2020 at 2:00 p.m. A true and 15 correct copy of my email to Graves is attached hereto as Exhibit 4. 16 7. On October 29, 2020 prior to 2:00 p.m. I called in for the deposition. As of 2:23 17 p.m. Graves had not dialed in for the deposition and, as such, I recorded the statement of non- 18 appearance, a true and correct copy of which is attached hereto as Exhibit 5. 19 8. At no time have I received any written Notice of Objection pursuant to Code of 20 Civil Procedure Sect. 2025.410 from Graves in connection with this deposition. 21 9. On November 2, 2020, I drafted and sent a letter to Graves in an effort to meet 22 and confer in order to resolve the instant discovery dispute. In that letter, inter alia, I proposed 23 that if she would agree to voluntarily appear on a date certain on or before November 13, 2020, I 24 would reschedule the deposition and it would avoid the necessity for a motion to compel. A true 25 and correct copy of my letter of November 2, 2020 is attached hereto as Exhibit 6 (see bottom p. 26 1 to top p. 2). 27 //// 28 2. DECLARATION OF DAVID F. MYERS IN SUPPORT OF EX PARTE APPLICATION FOR OST CASE NO.: M-CV-0076678 FOR HEARING ON MOTION TO COMPEL DEPOSITION AND FOR MONETARY SANCTIONS 10. On November 4, 2020, I called Graves for the purpose of following-up on my 1 meet and confer efforts and left a voice mail message. I then sent her an email noting that I had 2 called. She returned by email message and said she would be available to talk at approximately 3 3:30 p.m. I called her at shortly after 3:30 p.m. and, again, left a voice mail message. She called 4 me back shortly thereafter. In our telephone conversation, Graves unequivocally stated that she 5 would not commit to a date to complete her deposition. Later in the afternoon of November 4, 6 2020, Graves emailed me a letter, to which I responded via email on November 5, 2020. A true 7 and correct copy of my email of November 5, 2020 is attached hereto as Exhibit 7. 8 11. As of the date of this Application, Graves has not provided a date certain for her 9 deposition. 10 I declare under penalty of perjury under the laws of the State of California that the 11 forgoing is true and correct. 12 Executed at San Francisco, California, this 10th day of November, 2020. 13 14 c __ --c...., ........__ ____________________________ David F. Myers 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. DECLARATION OF DAVID F. MYERS IN SUPPORT OF EX PARTE APPLICATION FOR OST CASE NO.: M-CV-0076678 FOR HEARING ON MOTION TO COMPEL DEPOSITION AND FOR MONETARY SANCTIONS EXHIBIT 1 1 David F. Myers, Esq. (SBN 185102) WOLKIN · CURRAN, LLP 2 111 Maiden Lane, 6th Floor San Francisco, California 94108 3 Telephone: (415) 982-9390 dmyers@wolkincurran.com 4 Attorneys for Plaintiff, 5 SURETEC INSURANCE COMPANY 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF PLACER 10 11 SURETEC INSURANCE COMPANY, a Case No. M-CV-0076678 Texas corporation, 12 Plaintiff, NOTICE OF DEPOSITION OF 13 ZENAIDA PADLAN GRAVES v. 14 ZENAIDA PADLAN GRAVES, an Date: October 29, 2020 15 individual; and DOES 1 through 10, Time: 9:00 a.m. inclusive, Location: Regus - Highland Pointe 16 915 Highland Pointe Drive, Defendants. Suite 250 17 Roseville, CA 95678 18 Action Filed: June 11, 2020 19 Trial Date: None 20 21 22 TO ALL PARTIES HEREIN AND THEIR ATTORNEYS OF RECORD: 23 PLEASE TAKE NOTICE that pursuant to Code of Civil Procedure Sect. 2025.210, et 24 seq., plaintiff, SureTec Insurance Company, will take the deposition of defendant, Zenaida 25 Padlan Graves on October 29, 2020, commencing at 9:00 a.m. at Regus – Highland Pointe, 26 915 Highland Pointe Drive, Suite 250, Roseville, CA 95678. 27 This oral deposition will be taken before a deposition officer, duly authorized to 28 administer oaths in the State of California, who will record the testimony stenographically. 1. NOTICE OF DEPOSITION OF GRAVES CASE NO.: M-CV-0076678 1 SureTec Insurance Company reserves the right to videotape the deposition pursuant to Code of 2 Civil Procedure Sect. 2025.220(a)(5). 3 4 Dated: October 15, 2020 WOLKIN ▪ CURRAN, LLP 5 6 By: c __ -:.._ ....____ ________________________________ 7 David F. Myers Attorneys for Plaintiff, SURETEC 8 INSURANCE COMPANY 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. NOTICE OF DEPOSITION OF GRAVES CASE NO.: M-CV-0076678 1 PROOF OF SERVICE 2 I, Drew Storms, declare as follows: 3 I am a citizen of the United States, over the age of eighteen years and not a party to 4 the within entitled action. I am employed at WOLKIN · CURRAN, LLP, located at 111 5 Maiden Lane, 6th Floor, San Francisco, CA, 94108. 6 On October 15, 2020, I served the attached/accompanying document(s), 7 NOTICE OF DEPOSITION OF ZENAIDA PADLAN GRAVES 8 on the interested parties in said action, by placing a true copy thereof in a sealed 9 envelope(s) or package(s), with delivery fees or postage fully prepaid, addressed as follows: 10 Zenaida P. Graves 11 2351 Sunset Blvd., Suite 170-238 Defendant, ZENAIDA P. GRAVES Rocklin, CA 95765-4306 12 Email: Zpgraves16sja@yahoo.com In Pro Per 13 and served the named document in the manner(s) indicated below: 14 X BY ELECTRONIC SERVICE: I transmitted true and correct copy(ies) of the above document(s) by electronic mail service from: dstorms@wolkincurran.com on 10/15/2020 to the addressee(s) 15 listed above or on the attached service list on whom service is to be made at their respective e-mail addresses as listed above or on the attached service list. A signed copy of this affidavit or certificate 16 of mailing accompanied the above named document(s). 17 AND 18 BY MAIL: I placed true and correct copy(ies) of the above named document(s) in sealed X envelope(s) or package(s), with postage fully prepaid, addressed to the addressee(s) listed above or 19 on the attached service list on whom service is to be made. I served the above named document(s) by placing the envelope or package for collection and mailing following our ordinary business 20 practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and 21 mailing, it is deposited in the ordinary course of business with the United States Postal Service. The above named document(s) being served by mail bore a notation of the date and place of mailing and 22 a signed copy of this affidavit or certificate of mailing accompanied the above named document(s). 23 I declare under penalty of perjury under the laws of the State of California that the 24 foregoing is true and correct and that I am employed in the office of a member of the bar of 25 this court at whose direction the service was made. Executed October 15, 2020, at 26 San Francisco, California. 27 28 Drew Storms 1. PROOF OF SERVICE CASE NO.: M-CV-0076678 EXHIBIT 2 From: David Myers To: "Zenny Graves" Cc: Drew Storms Subject: Re: Suretec v. Graves Date: Tuesday, November 10, 2020 8:51:00 AM Attachments: Ex Parte MTC Depo.pdf Our File: 77186 Ms. Graves: I just left a voice mail message for you regarding this matter and advising that I would follow that with this email. Attached is an Ex Parte Application for Order Shortening Time for Hearing of Motion to Compel Deposition and Monetary Sanctions. Please note that the hearing date for the Application is listed on the caption page and is as follows: November 12, 2020 8:00 a.m. Dept. 42 10820 Justice Center Drive, Roseville, California 95678. Pursuant to applicable rules, I am to advise the Court as to whether you intend to appear to oppose the Application. As such, please reply to this email or call me to let me know whether you intend to appear for the hearing. Best, dave Wolkin Curran, LLP will remain operational during COVID-19. Please kindly send all correspondence and pleadings via e-mail. David F. Myers, Esq. WOLKIN CURRAN, LLP 111 Maiden Lane, 6th Floor San Francisco, CA94108 (415) 982-9390 dmyers@wolkincurran.com EXHIBIT 3 From: David Myers To: "Zenny Graves" Subject: RE: Deposition by Telephonic Appearance Date: Wednesday, October 21, 2020 4:33:00 PM Our File: 77186 Pursuant to CCP §2025.310, it is certainly acceptable to conduct remote depositions via phone or video.Can you appear via video, such as Zoom? In my experience, that results in a better process as the parties are less likely to interrupt or speak over each other and the deposition proceeds more quickly.Please let me know if you can appear via video as opposed to telephone. Your request to start the deposition at 2:00 p.m. instead of 9:00 a.m. is okay with me, with the caveat that it could result in the deposition going past 5:00 p.m. In addition to the above matters, if you are attending the deposition remotely, since I will need to have you review exhibits, will you need me to send you hard copies of each one prior to the deposition or can you accept them via email and print them out yourself? Please let me know about that as well. I look forward to your responses to each of the above inquiries. Best, dave Wolkin Curran, LLP will remain operational during COVID-19. Please kindly send all correspondence and pleadings via e-mail. David F. Myers, Esq. WOLKIN CURRAN, LLP 111 Maiden Lane, 6th Floor San Francisco, CA 94108 (415) 982-9390 dmyers@wolkincurran.com -----Original Message----- From: Zenny Graves Sent: Tuesday, October 20, 2020 3:27 PM To: David Myers Subject: Deposition by Telephonic Appearance Response and clarifications to your deposition request. From, Zenaida EXHIBIT 4 From: David Myers To: "Zenny Graves" Subject: RE: Deposition by Telephonic Appearance Date: Wednesday, October 21, 2020 4:33:00 PM Our File: 77186 Pursuant to CCP §2025.310, it is certainly acceptable to conduct remote depositions via phone or video.Can you appear via video, such as Zoom? In my experience, that results in a better process as the parties are less likely to interrupt or speak over each other and the deposition proceeds more quickly.Please let me know if you can appear via video as opposed to telephone. Your request to start the deposition at 2:00 p.m. instead of 9:00 a.m. is okay with me, with the caveat that it could result in the deposition going past 5:00 p.m. In addition to the above matters, if you are attending the deposition remotely, since I will need to have you review exhibits, will you need me to send you hard copies of each one prior to the deposition or can you accept them via email and print them out yourself? Please let me know about that as well. I look forward to your responses to each of the above inquiries. Best, dave Wolkin Curran, LLP will remain operational during COVID-19. Please kindly send all correspondence and pleadings via e-mail. David F. Myers, Esq. WOLKIN CURRAN, LLP 111 Maiden Lane, 6th Floor San Francisco, CA 94108 (415) 982-9390 dmyers@wolkincurran.com -----Original Message----- From: Zenny Graves Sent: Tuesday, October 20, 2020 3:27 PM To: David Myers Subject: Deposition by Telephonic Appearance Response and clarifications to your deposition request. From, Zenaida EXHIBIT 5 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 COUNTY OF PLACER 3 4 SURETEC INSURANCE COMPANY, a Texas corporation, 5 Plaintiff, 6 vs. Case No: M-CV-0076678 7 ZENAIDA PADLAN GRAVES, 8 an individual; and DOES 1 through 10, inclusive, 9 Defendants. 10 __________________________/ 11 12 13 CERTIFICATE OF NONAPPEARANCE FOR THE TELEPHONIC 14 DEPOSITION OF ZENAIDA PADLAN GRAVES 15 San Francisco, California 16 Thursday, October 29, 2020 17 18 19 20 21 22 Reported by: 23 DEBBIE RAZAVI, CSR NO. 9989 24 Job No. 4298765 25 PAGES 1 - 7 Page 1 Aiken Welch, A Veritext Company 510-451-1580 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 COUNTY OF PLACER 3 4 SURETEC INSURANCE COMPANY, a Texas corporation, 5 Plaintiff, 6 vs. Case No: M-CV-0076678 7 ZENAIDA PADLAN GRAVES, 8 an individual; and DOES 1 through 10, inclusive, 9 Defendants. 10 __________________________/ 11 12 13 14 15 Telephonic Certificate of Nonappearance for the 16 telephonic deposition of ZENAIDA PADLAN GRAVES, taken on 17 behalf of Plaintiff, in San Francisco, California, 18 beginning at 2:20 p.m. and ending at 2:23 p.m. on 19 Thursday, October 29, 2020, before Debbie Razavi, 20 Certified Shorthand Reporter No. 9989. 21 22 23 24 25 Page 2 Aiken Welch, A Veritext Company 510-451-1580 1 APPEARANCES 2 For Plaintiff: 3 WOLKIN CURRAN, LLP 4 BY: DAVID F. MYERS, ESQUIRE 5 111 Maiden Lane, 6th Floor 6 San Francisco, California 94108 7 (415) 982-9390 8 dmyers@wolkincurran.com 9 (Appearing telephonically) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 3 Aiken Welch, A Veritext Company 510-451-1580 1 INDEX 2 STATEMENT ON RECORD PAGE 3 BY MR. MYERS 5 4 EXHIBITS 5 NUMBER DESCRIPTION PAGE 6 Exhibit 1 Notice of Telephonic 6 7 Deposition 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 4 Aiken Welch, A Veritext Company 510-451-1580 1 San Francisco, California, Thursday, October 29, 2020, 2 2:20 p.m. 3 4 MR. MYERS: This is Dave Myers, attorney 5 appearing for plaintiff SureTec Insurance Company. The 6 purpose of this statement is to memorialize 7 nonattendance of the deponent Zenaida Graves. 8 I'm going to have attached as Exhibit 1 a copy 9 of a document served by Ms. Graves titled Deposition by 10 Telephonic Appearance. In Exhibit 1 she states that, 11 among other things, she is not available for the time 12 listed in the notice of deposition which was originally 13 9:00 a.m., open quote, "but will be available at 14 2:00 p.m. on October 29, 2020," closed quote. 15 So I want to attach that to the record 16 demonstrating that the deponent had agreed to appear at 17 this time and on this date. 18 We have been waiting starting just prior to 19 2:00 p.m. and it is now 2:23 p.m., so it is my belief 20 that she is not going to attend. 21 One more item for the record is that yesterday 22 at 1:23 p.m. my assistant Drew Storms forwarded an 23 E-mail to Ms. Graves confirming the telephonic dial-in 24 instructions for this deposition. 25 And that concludes the statement. Page 5 Aiken Welch, A Veritext Company 510-451-1580 1 (Exhibit 1 was marked for identification.) 2 (Time noted: 2:23 p.m.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 6 Aiken Welch, A Veritext Company 510-451-1580 1 I, the undersigned, a Certified Shorthand 2 Reporter of the State of California, do hereby certify: 3 That the foregoing proceedings were taken before 4 me at the time and place herein set forth; that any 5 witnesses in the foregoing proceedings, prior to 6 testifying, were placed under oath; that a verbatim 7 record of the proceedings was made by me using machine 8 shorthand which was thereafter transcribed under my 9 direction; further, that the foregoing is an accurate 10 transcription thereof. 11 Further, that if the foregoing pertains to the 12 original transcript of a deposition in a Federal case, 13 before completion of the proceedings review of the 14 transcript [ ] was [ ] was not required. 15 I further certify that I am neither financially 16 interested in the action nor a relative or employee of 17 any attorney or any of the parties. 18 IN WITNESS WHEREOF, I have this date subscribed 19 my name. 20 Dated: October 29, 2020 21 22 23 <%7668,Signature%> 24 DEBBIE RAZAVI 25 CSR No. 9989 Page 7 Aiken Welch, A Veritext Company 510-451-1580 [0076678 - number] 0 action 7:16 d g 0076678 1:6 2:6 agreed 5:16 date 5:17 7:18 going 5:8,20 appear 5:16 dated 7:20 graves 1:7,14 2:7 1 appearance 5:10 dave 5:4 2:16 5:7,9,23 1 1:8,25 2:8 4:6 appearances 3:1 david 3:4 i 5:8,10 6:1 appearing 3:9 5:5 debbie 1:23 2:19 10 1:8 2:8 assistant 5:22 identification 6:1 7:24 111 3:5 attach 5:15 inclusive 1:8 2:8 defendants 1:9 2:9 1:23 5:22 attached 5:8 index 4:1 demonstrating 2 attend 5:20 individual 1:8 2:8 5:16 attorney 5:4 7:17 instructions 5:24 2020 1:16 2:19 5:1 deponent 5:7,16 available 5:11,13 insurance 1:4 2:4 5:14 7:20 deposition 1:14 b 5:5 29 1:16 2:19 5:1 2:16 4:7 5:9,12,24 interested 7:16 5:14 7:20 beginning 2:18 7:12 item 5:21 2:00 5:14,19 behalf 2:17 description 4:5 2:20 2:18 5:2 dial 5:23 j belief 5:19 2:23 2:18 5:19 6:2 c direction 7:9 job 1:24 4 dmyers 3:8 l california 1:1,15 415 3:7 document 5:9 lane 3:5 2:1,17 3:6 5:1 7:2 4298765 1:24 drew 5:22 listed 5:12 case 1:6 2:6 7:12 5 certificate 1:13 e llp 3:3 5 4:3 2:15 e 5:23 m certified 2:20 7:1 employee 7:16 m 1:6 2:6 6 certify 7:2,15 esquire 3:4 machine 7:7 6 4:6 closed 5:14 exhibit 4:6 5:8,10 maiden 3:5 6th 3:5 company 1:4 2:4 6:1 mail 5:23 7 5:5 exhibits 4:4 marked 6:1 7 1:25 completion 7:13 f memorialize 5:6 7668 7:23 concludes 5:25 f 3:4 myers 3:4 4:3 5:4 9 confirming 5:23 federal 7:12 5:4 copy 5:8 financially 7:15 94108 3:6 n corporation 1:4 floor 3:5 982-9390 3:7 name 7:19 2:4 foregoing 7:3,5,9 9989 1:23 2:20 neither 7:15 county 1:2 2:2 7:11 7:25 nonappearance court 1:1 2:1 forth 7:4 9:00 5:13 1:13 2:15 csr 1:23 7:25 forwarded 5:22 a curran 3:3 nonattendance 5:7 francisco 1:15 noted 6:2 a.m. 5:13 cv 1:6 2:6 2:17 3:6 5:1 accurate 7:9 notice 4:6 5:12 further 7:9,11,15 number 4:5 Page 1 Aiken Welch, A Veritext Company 510-451-1580 [oath - zenaida] o s v oath 7:6 san 1:15 2:17 3:6 verbatim 7:6 october 1:16 2:19 5:1 vs 1:6 2:6 5:1,14 7:20 served 5:9 w open 5:13 set 7:4 waiting 5:18 original 7:12 shorthand 2:20 want 5:15 originally 5:12 7:1,8 whereof 7:18 p signature 7:23 witness 7:18 starting 5:18 p.m. 2:18,18 5:2 witnesses 7:5 state 1:1 2:1 7:2 5:14,19,19,22 6:2 wolkin 3:3 statement 4:2 5:6 padlan 1:7,14 2:7 wolkincurran.com 5:25 2:16 3:8 states 5:10 page 4:2,5 y storms 5:22 pages 1:25 subscribed 7:18 yesterday 5:21 parties 7:17 superior 1:1 2:1 z pertains 7:11 suretec 1:4 2:4 5:5 zenaida 1:7,14 2:7 place 7:4 placed 7:6 t 2:16 5:7 placer 1:2 2:2 taken 2:16 7:3 plaintiff 1:5 2:5,17 telephonic 1:13 3:2 5:5 2:15,16 4:6 5:10 prior 5:18 7:5 5:23 proceedings 7:3,5 telephonically 3:9 7:7,13 testifying 7:6 purpose 5:6 texas 1:4 2:4 q thereof 7:10 things 5:11 quote 5:13,14 thursday 1:16 r 2:19 5:1 razavi 1:23 2:19 time 5:11,17 6:2 7:24 7:4 record 4:2 5:15,21 titled 5:9 7:7 transcribed 7:8 relative 7:16 transcript 7:12,14 reported 1:22 transcription 7:10 reporter 2:20 7:2 u required 7:14 unders