Preview
1 BOBBY DALE SIMS, JR. (SBN 202622)
GREGORY ESTABROOK (SBN 179228)
2 SIMS, LAWRENCE & ARRUTI
2261 Lava Ridge Court
3 Roseville, CA 95661 1/6/2021
Telephone: (916) 797-8881
4 Facsimile: (916) 253-1544
5 Attorneys for Defendants,
PERFECTION POOLS & SPAS, INC.
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF BUTTE
10 RONALD MARTIN FRAME AND DONNA Case No. 20CV00754
FRAME,
11 DECLARATION OF GREGORY
Plaintiffs, ESTABROOK IN SUPPORT OF
12 PERFECTION POOLS & SPAS, INC.’S
vs. OPPOSITION TO PLAINTIFF’S MOTION
13 TO COMPEL VERIFIED RESPONSES AND
PERFECTION POOLS & SPAS, INC., OLD FOR MONETARY SANCTIONS
14 REPUBLIC SURETY COMPANY, DOES 1-10,
et al. Hearing Date: January 20, 2021
15 Time: 9:00 a.m.
Defendants. Dept.:
16
Complaint: March 12, 2020
17 Trial: October 18, 2021
18 I Gregory Estabrook, declare as follow:
19 1. I am an attorney duly licensed to practice law in the State of California and an associate
20 at the law firm of Sims, Lawrence & Arruti, attorneys of record for PERFECTION POOLS & SPAS,
21 INC. (“Defendants”). I have personal knowledge of the matters set forth herein, and if called upon as a
22 witness could competently testify thereto.
23 2. This Declaration is made in support of Defendants’ Opposition to Plaintiff’s Motion to
24 compel verified responses and for monetary sanctions.
25 3. On or about May 19, 2020, Plaintiffs propounded Form Interrogatories, Set One, and
26 Request for Production of Documents, Set One on Perfections Pools. Perfection Pools responded on
27 July 7, 2020. Plaintiffs claimed certain responses were insufficient. Perfection Pools believed
28 otherwise but, in good faith, engaged in informal meet and confer efforts regarding the responses.
-1-
PERFECTION POOLS & SPAS, INC.’S OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL VERIFIED
RESPONSES AND FOR MONETARY SANCTIONS
1 4. Defendant Perfection provided amended responses on August 27, 2020. Plaintiff again
2 claimed certain responses were insufficient. Again, Perfection Pools believed otherwise, but, in good
3 faith, engaged in meet and confer efforts.
4 5. During October 2020, the parties continued to engage in settlement discussions that had
5 begun in late August 2020. During October 2020, the parties exchanged settlement offers and demands.
6 The settlement discussions, of course, also were relevant to the outstanding discovery dispute as
7 settlement would effectively resolve that dispute. Unfortunately, the parties were not able to settle this
8 matter in October 2020.
9 6. In furtherance of its good faith meet and confer efforts, defendant Perfection Pools
10 provided proposed amended responses to Plaintiffs on November 18, 2020. On November 23, 2020,
11 Plaintiffs approved the proposed amended discovery responses as a resolution of the discovery dispute.
12 Defendant Perfection Pools thereafter needed to provide verifications for the amended responses the
13 parties had negotiated.
14 7. Defendant Perfection Pools provided a settlement offer to Plaintiffs on November 30,
15 2020. Again, the settlement negotiations were also intended to resolve any outstanding discovery
16 disputes. On December 1, 2020, Plaintiffs rejected the settlement offer made by defendant Perfection
17 Pools. Defendant Perfection Pools held open its settlement offer through most of December 2020.
18 8. Unfortunately, by mid-December 2020 when it was clear settlement discussion would
19 not resolve this matter, due to the impact of the impact of the COVID pandemic and the occurrence of
20 the December holiday season, defendant Perfection Pools was effectively shut down.
21 9. On January 6, 2021, defendant Perfection Pools provided the agreed upon verifications
22 to Plaintiffs along with serving the previously agreed upon discovery responses that had previously
23 been provided to Plaintiffs on November 18, 2020.
24 I declare under penalty of perjury under the laws of the State of California that the foregoing is
25 true and correct.
26 Executed this 6th day of January 2021, in Roseville, California.
27 By
28 GREGORY ESTABROOK
-2-
PERFECTION POOLS & SPAS, INC.’S OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL VERIFIED
RESPONSES AND FOR MONETARY SANCTIONS
1 PROOF OF SERVICE
2 I, SHELBY JONES, certify and declare as follows:
3 I am over the age of 18 years, and not a party to this action. My business address is 2261 Lava
Ridge Court – Roseville, CA. I am employed in the County of Placer where this service occurs.
4
On the date set forth below, following ordinary business practice, I served a true copy of the
5 foregoing document(s) described as:
6 DECLARATION OF GREGORY ESTABROOK IN SUPPORT OF PERFECTION POOLS &
SPAS, INC.’S OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL VERIFIED RESPONSES
7 AND FOR MONETARY SANCTIONS
8 (BY FAX) I transmitted via facsimile transmission from a facsimile transmission machine/ service
9 called FAXWAVE whose business facsimile number is (916) 253-1544 to the following fax
number(s), as stated on the attached service list, on this date before 5:00 p.m.
10
The above-described transmission was reported as complete without error by a transmission report
11 issued by the facsimile upon which the said transmission was made immediately following the
transmission. A true and correct copy of the said transmission report is attached hereto and
12 incorporated herein by this reference.
13 (BY MAIL) I am readily familiar with my employer's normal business practice for collection and
14 processing of correspondence for mailing with the U.S. Postal Service. Correspondence so
collected and processed is deposited with the U.S. Postal Service that same day in the ordinary
15 course of business. I placed for deposit in the United States Postal Service in a sealed envelope,
with postage fully prepaid, to the addressee(s) below.
16
(BY PERSONAL SERVICE) I personally delivered the above document(s) by hand between 9:00
17
a.m. and 5:00 p.m. to the office of the addressee(s) below.
18
(BY OVERNIGHT DELIVERY) I deposited in a box or other facility regularly maintained by
19 Federal Express an express service carrier, or delivered to a courier or driver authorized by said
express service carrier to receive such envelope(s) to be delivered by overnight delivery, with
20
delivery fees paid or provided for, addressed to the person(s) on whom it is to be served below.
21
(BY ELECTRONIC SERVICE) I transmitted via electronic service through electronic
22 mail to the offices of the addressee(s) below as stated on the attached service list on this
23 date before 5:00 p.m.
SEE ATTACHED SERVICE LIST
24
25 (State) I certify and declare under penalty of perjury under the laws of the State of California that
the foregoing is true and correct.
26
Executed on: January 6, 2021 _______________________________
27 SHELBY JONES
28
-3-
PERFECTION POOLS & SPAS, INC.’S OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL VERIFIED
RESPONSES AND FOR MONETARY SANCTIONS
1 SERVICE LIST
2
3 Stephan R. Wattenberg Attorneys for Plaintiffs
Claire E. Greene
4 LAW OFFICE OF STEPHAN R.
WATTENBERG
5
1074 East Ave., Ste C
6 Chico, CA 95926
T: (530) 342-8930
7 F: (530) 342-5625
srwattny@pacbell.net
8 cegatty@law4u.comcastbiz.net
9
Carlos E. Sosa Attorneys for Old Republic Surety Company
10 Law Offices of Hausman & Sosa
20750 Ventura Blvd., Suite 105
11 Woodland Hills, CA 91364
T: (818) 654-9000
12 F: (818) 654-9050
13 csosa@hausmansosa.com
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-4-
PERFECTION POOLS & SPAS, INC.’S OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL VERIFIED
RESPONSES AND FOR MONETARY SANCTIONS
Preview
1 BOBBY DALE SIMS, JR. (SBN 202622) GREGORY ESTABROOK (SBN 179228) 2 SIMS, LAWRENCE & ARRUTI 2261 Lava Ridge Court 3 Roseville, CA 95661 1/6/2021 Telephone: (916) 797-8881 4 Facsimile: (916) 253-1544 5 Attorneys for Defendants, PERFECTION POOLS & SPAS, INC. 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF BUTTE 10 RONALD MARTIN FRAME AND DONNA Case No. 20CV00754 FRAME, 11 DECLARATION OF GREGORY Plaintiffs, ESTABROOK IN SUPPORT OF 12 PERFECTION POOLS & SPAS, INC.’S vs. OPPOSITION TO PLAINTIFF’S MOTION 13 TO COMPEL VERIFIED RESPONSES AND PERFECTION POOLS & SPAS, INC., OLD FOR MONETARY SANCTIONS 14 REPUBLIC SURETY COMPANY, DOES 1-10, et al. Hearing Date: January 20, 2021 15 Time: 9:00 a.m. Defendants. Dept.: 16 Complaint: March 12, 2020 17 Trial: October 18, 2021 18 I Gregory Estabrook, declare as follow: 19 1. I am an attorney duly licensed to practice law in the State of California and an associate 20 at the law firm of Sims, Lawrence & Arruti, attorneys of record for PERFECTION POOLS & SPAS, 21 INC. (“Defendants”). I have personal knowledge of the matters set forth herein, and if called upon as a 22 witness could competently testify thereto. 23 2. This Declaration is made in support of Defendants’ Opposition to Plaintiff’s Motion to 24 compel verified responses and for monetary sanctions. 25 3. On or about May 19, 2020, Plaintiffs propounded Form Interrogatories, Set One, and 26 Request for Production of Documents, Set One on Perfections Pools. Perfection Pools responded on 27 July 7, 2020. Plaintiffs claimed certain responses were insufficient. Perfection Pools believed 28 otherwise but, in good faith, engaged in informal meet and confer efforts regarding the responses. -1- PERFECTION POOLS & SPAS, INC.’S OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL VERIFIED RESPONSES AND FOR MONETARY SANCTIONS 1 4. Defendant Perfection provided amended responses on August 27, 2020. Plaintiff again 2 claimed certain responses were insufficient. Again, Perfection Pools believed otherwise, but, in good 3 faith, engaged in meet and confer efforts. 4 5. During October 2020, the parties continued to engage in settlement discussions that had 5 begun in late August 2020. During October 2020, the parties exchanged settlement offers and demands. 6 The settlement discussions, of course, also were relevant to the outstanding discovery dispute as 7 settlement would effectively resolve that dispute. Unfortunately, the parties were not able to settle this 8 matter in October 2020. 9 6. In furtherance of its good faith meet and confer efforts, defendant Perfection Pools 10 provided proposed amended responses to Plaintiffs on November 18, 2020. On November 23, 2020, 11 Plaintiffs approved the proposed amended discovery responses as a resolution of the discovery dispute. 12 Defendant Perfection Pools thereafter needed to provide verifications for the amended responses the 13 parties had negotiated. 14 7. Defendant Perfection Pools provided a settlement offer to Plaintiffs on November 30, 15 2020. Again, the settlement negotiations were also intended to resolve any outstanding discovery 16 disputes. On December 1, 2020, Plaintiffs rejected the settlement offer made by defendant Perfection 17 Pools. Defendant Perfection Pools held open its settlement offer through most of December 2020. 18 8. Unfortunately, by mid-December 2020 when it was clear settlement discussion would 19 not resolve this matter, due to the impact of the impact of the COVID pandemic and the occurrence of 20 the December holiday season, defendant Perfection Pools was effectively shut down. 21 9. On January 6, 2021, defendant Perfection Pools provided the agreed upon verifications 22 to Plaintiffs along with serving the previously agreed upon discovery responses that had previously 23 been provided to Plaintiffs on November 18, 2020. 24 I declare under penalty of perjury under the laws of the State of California that the foregoing is 25 true and correct. 26 Executed this 6th day of January 2021, in Roseville, California. 27 By 28 GREGORY ESTABROOK -2- PERFECTION POOLS & SPAS, INC.’S OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL VERIFIED RESPONSES AND FOR MONETARY SANCTIONS 1 PROOF OF SERVICE 2 I, SHELBY JONES, certify and declare as follows: 3 I am over the age of 18 years, and not a party to this action. My business address is 2261 Lava Ridge Court – Roseville, CA. I am employed in the County of Placer where this service occurs. 4 On the date set forth below, following ordinary business practice, I served a true copy of the 5 foregoing document(s) described as: 6 DECLARATION OF GREGORY ESTABROOK IN SUPPORT OF PERFECTION POOLS & SPAS, INC.’S OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL VERIFIED RESPONSES 7 AND FOR MONETARY SANCTIONS 8 (BY FAX) I transmitted via facsimile transmission from a facsimile transmission machine/ service 9 called FAXWAVE whose business facsimile number is (916) 253-1544 to the following fax number(s), as stated on the attached service list, on this date before 5:00 p.m. 10 The above-described transmission was reported as complete without error by a transmission report 11 issued by the facsimile upon which the said transmission was made immediately following the transmission. A true and correct copy of the said transmission report is attached hereto and 12 incorporated herein by this reference. 13 (BY MAIL) I am readily familiar with my employer's normal business practice for collection and 14 processing of correspondence for mailing with the U.S. Postal Service. Correspondence so collected and processed is deposited with the U.S. Postal Service that same day in the ordinary 15 course of business. I placed for deposit in the United States Postal Service in a sealed envelope, with postage fully prepaid, to the addressee(s) below. 16 (BY PERSONAL SERVICE) I personally delivered the above document(s) by hand between 9:00 17 a.m. and 5:00 p.m. to the office of the addressee(s) below. 18 (BY OVERNIGHT DELIVERY) I deposited in a box or other facility regularly maintained by 19 Federal Express an express service carrier, or delivered to a courier or driver authorized by said express service carrier to receive such envelope(s) to be delivered by overnight delivery, with 20 delivery fees paid or provided for, addressed to the person(s) on whom it is to be served below. 21 (BY ELECTRONIC SERVICE) I transmitted via electronic service through electronic 22 mail to the offices of the addressee(s) below as stated on the attached service list on this 23 date before 5:00 p.m. SEE ATTACHED SERVICE LIST 24 25 (State) I certify and declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 26 Executed on: January 6, 2021 _______________________________ 27 SHELBY JONES 28 -3- PERFECTION POOLS & SPAS, INC.’S OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL VERIFIED RESPONSES AND FOR MONETARY SANCTIONS 1 SERVICE LIST 2 3 Stephan R. Wattenberg Attorneys for Plaintiffs Claire E. Greene 4 LAW OFFICE OF STEPHAN R. WATTENBERG 5 1074 East Ave., Ste C 6 Chico, CA 95926 T: (530) 342-8930 7 F: (530) 342-5625 srwattny@pacbell.net 8 cegatty@law4u.comcastbiz.net 9 Carlos E. Sosa Attorneys for Old Republic Surety Company 10 Law Offices of Hausman & Sosa 20750 Ventura Blvd., Suite 105 11 Woodland Hills, CA 91364 T: (818) 654-9000 12 F: (818) 654-9050 13 csosa@hausmansosa.com 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- PERFECTION POOLS & SPAS, INC.’S OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL VERIFIED RESPONSES AND FOR MONETARY SANCTIONS