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LESLIE A. ROMEO, ESQ. (State Bar No.: 309746) Electronically Filed
RAFFALOW, BRETOI, LUTZ & STELE 12/15/2020 11:00 AM
Attorneys at Law Superior Court of California
104 Woodmere Road County of Stanislaus
Folsom, CA 95630
Clerk of the Court
(916) 294-3560
E-Service Address: LRomeo@mercuryinsurance.com By: Nicole Nelson, Deputy
Attorney for: Defendant, NACHELLE LOUISE GREGORY $60 PD
Our File No.: 20-112324-137
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF STANISLAUS
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11 DOMINICK A. THOMAS AND DIANA CASE NO: CV-20-001971
STIERRA-MENDEZ, Filed: April 10, 2020
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Plaintiffs, JUDGE: Hon. John D. Freeland
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vs. NOTICE OF MOTION AND MOTION
14 FOR ORDER COMPELLING
NACHELLE LOUISE GREGORY, AND DOES PLAINTIFF, DOMINICK A. THOMAS
15 1 TO 25, INCLUSIVE, TO (1) RESPOND TO DEMAND FOR
PRODUCTION, SET NO. ONE; AND
16 Defendants. (2) PAY COSTS AND SANCTIONS IN
THE AMOUNT OF $410.00;
17 MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT
18 THEREOF; DECLARATION OF
LESLIE A. ROMEO, ESQ.;
19 [PROPOSED] ORDER
20 DATE: February 17, 2021
TIME: 8:30 a.m.
21 DEPT: 23
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TO: ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE that on February 17, 2021 at 8:30 a.m., or as soon thereafter as the
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matter may be heard in Department 23 of the above-entitled court, located at 801 10th Street, Modesto,
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CA, 95354, Defendant, Nachelle Louise Gregory, will move the court for an order compelling, Plaintiff,
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Dominick A. Thomas, to respond within fifteen (15) days, without objections, to the Demand for
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Inspection and Production of Documents, Set No. One, propounded to Plaintiff, and also for an order
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DEFENDANT’S MOTION TO COMPEL FORM INTERROGATORIES
that said Plaintiff and/or Plaintiff's attorney of record, Frederick J. Sette, Esq., pay monetary sanctions
and attorney's fees to said moving party within fifteen (15) days in the sum of $410.00 for the reasonable
expenses and attorney's fees incurred by the moving party in connection with this proceeding.
This motion will be made pursuant to Code of Civil Procedure §§2023, 2031.260, 2031.300, and
203 1.310, and on the grounds that the Demand for Inspection and Production of Documents are relevant
to the subject matter of this action, does not relate to privileged matters, and that the refusal to answer
same is without substantial justification.
This motion will be based on this Notice, the Memorandum of Points and Authorities and
Declaration of LESLIE A. ROMEO, Esq. attached hereto, the pleadings and other documentary
10 evidence contained in the court's file and such other oral and documentary evidence as may be presented
11 at the hearing of this motion.
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“Pursuant to Local Rule 3.01 (C), Tentative rulings will be issued on law and
13 motion matters the Court day prior to the hearing date. Tentative rulings can be
accessed on the Internet at www.stanct.org after 1:30 p.m.
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You may request a hearing by calling the calendar line at (209) 530-3162 or the
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main line at (209) 530-3100, prior to 4:00 p.m. — OR-by e-mailing at
16 civil.tentatives@stanct.org. E-mail requests must be made prior to 4:00 p.m. AND
confirmed by return e-mail. If you do not receive confirmation e-mail from the
17 clerk, you MUST call (209) 530-3162 to request your hearing.”
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DATED: December 14, 2020
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20 RAFFALOW, BRETOI, LUTZ & STELE
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BY
23 LESLIE A. ROMEO, ESQ.
Attorneys for Defendant,
24 NACHELLE LOUISE GREGORY
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DEFENDANT’S MOTION TO COMPEL FORM INTERROGATORIES
MEMORANDUM OF POINTS AND AUTHORITIES
1 STATEMENT OF CASE
A Pleading:
On April 10, 2020, Plaintiff, Dominick A. Thomas (hereinafter referred to as the "PLAINTIFF")
filed a complaint alleging personal injuries and damages from an automobile accident with the defendant
that occurred on January 4, 2019. Defendant, Nachelle Louise Gregory (hereinafter referred to as the
"DEFENDANT") filed and served an answer on July 10, 2020.
B Discovery
DEFENDANT propounded Demand for Inspection and Production of Documents, Set No. One
10 (Exhibit “A”) to PLAINTIFF, by email on 07/10/2020. The actual responses were due on August 11,
11 2020. PLAINTIFF did not serve responses by the original due date. PLAINTIFF did not request an
12 extension of time to respond.
13 Cc Meet and Confer
14 On October 28, 2020, DEFENDANT'S counsel wrote PLAINTIFF’S counsel, indicating that the
15 responses were outstanding and overdue (Exhibit “B”), provided an extension within ten (10) days from
16 the date of that letter and warned that failure to provide responses to the requested discovery would
17 result in a motion to compel with a request for sanctions. On October 29, 2020, PLAINTIFF’S counsel
18 emailed DEFENDANT'S counsel (Exhibit “C”) and inquired to if they would be amenable to
19 November 18, 2020 response date. DEFENDANT’S counsel agreed.
20 As of the drafting of this motion, PLAINTIFF has not provided any response to the discovery
21 and has not requested any extension of time.
22 2 MOTION TO COMPEL RESPONSES IS PROPER AGAINST A PARTY THAT
23 FAILS TO SERVE TIMELY RESPONSE TO REQUEST FOR PRODUCTION OF
24 DOCUMENTS
25 Parties served with Demand for Production of Documents have 30 days with which to respond as
26 produce such documents as dictated by Code of Civil Procedure §2031.260:
27 "Within 30 days after service of inspection demand, the party to whom the
demand is directed shall serve the original of the response to it on the party
28 making the demand..."
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DEFENDANT’S MOTION TO COMPEL FORM INTERROGATORIES
In the instant case, PLAINTIFF has not responded to Demand for Production of Documents,
even after DEFENDANT'S counsel has met and conferred on the issue with PLAINTIFF’S counsel.
When a Party fails to respond to a Demand for Production of Documents, that party waives
objections, and the propounding party may move the court for an order compelling responses as outlined
in Code of Civil Procedure §2031.300 which provides as follows:
"Ifa party to whom a demand for inspection, copying, testing, or sampling
is directed fails to serve a timely response to it, the following rules apply:
(a) The party to whom the demand for inspection, copying, testing or
sampling is directed waives any objection to the demand, including one
based on privilege or on the protection for work product under Chapter 4
(commencing with §2018.010).
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(b) The party making the demand may move for an order compelling
11 response to the demand." (emphasis added)
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DEFENDANT requires the documents sought pursuant to the Demand for Production of
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Documents, Set No. One, to adequately investigate and prepare this case for trial and/or for settlement
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purposes. PLAINTIFF’S complaint alleges personal injuries. The Demand for Production of Documents
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propounded to the PLAINTIFF are relevant and/or likely to lead to the discovery of admissible evidence.
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The DEFENDANT of this lawsuit will be unduly prejudiced if PLAINTIFF is not ordered to provide
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responses, without objection, to Demand for Production of Documents, Set No. One.
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3. SANCTIONS ARE REQUIRED
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According to Code of Civil Procedure §2023.010 "misuses of the discovery process include, but
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are not limited to, the following: (d) Failing to respond or to submit to an authorized method of
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discovery." Code of Civil Procedure §2023.030 allows monetary sanctions against those engaging in
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the misuse of the discovery process; Code of Civil Procedure §2023.030 subsection (a) states:
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"The court may impose a monetary sanction ordering that one engaging in
24 the misuse of the discovery process, or any attorney advising that conduct,
or both pay the reasonable expenses, including attorney's fees, incurred by
25 anyone as a result of that conduct."
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PLAINTIFF has not responded to Demand for Production of Documents which is an authorized
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method of discovery per Code of Civil Procedure §2031.010. Due to PLAINTIFF’S lack of response,
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DEFENDANT’S MOTION TO COMPEL FORM INTERROGATORIES
1 DEFENDANT had to file this motion to compel responses to Demand for Production of Documents,
2 ||which required attorney time and court expenses.
3 Moreover, according to Code of Civil Procedure §2031.300 sanctions are mandated for a party
4 ‘who unsuccessfully opposes a motion to compel as indicated in subsection (c) wherein it states:
"Except as provided in subdivision (d), the court shall impose a monetary
sanction under Chapter 7 (commencing with §2023.010) against any party,
person, or attorney who unsuccessfully makes or opposes a motion to
compel a response to demand for inspection, copying, testing, or sampling,
unless it finds that the one subject to the sanction acted with substantial
justification or that other circumstances make the imposition of the sanction
unjust." (Emphasis added)
10 There is no substantial justification or circumstance which would make an imposition of
11 monetary sanctions unjust. According to the law and facts of this case, monetary sanctions are warranted
12 against PLAINTIFF and/or PLAINTIFF’S attorney of record.
13 4, CONCLUSION
14 Based on the foregoing, DEFENDANT respectfully requests that the Court order PLAINTIFFS,
15 to respond, without objections, within fifteen (15) days to Demand for Production of Documents, Set
16 No. One, and further award attorney's fees and sanctions in the amount of $410.00 from PLAINTIFF
17 and/or PLAINTIFF’S attorney of record, Frederick J. Sette, Esq.
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19 DATED: December 14, 2020
20 RAFFALOW, BRETOI, LUTZ & STELE
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22 ae =
BY
23 LESLIE A. ROMEO, ESQ.
Attorneys for Defendant,
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NACHELLE LOUISE GREGORY
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DEFENDANT’S MOTION TO COMPEL FORM INTERROGATORIES
DECLARATION OF LESLIE A. ROMEO, ESQ.
I, LESLIE A. ROMEO, ESQ. declare and state as follows:
1 Iam an attorney at law, duly licensed to practice law before all the courts of the State of
California and that I am associated with the law firm of Raffalow, Bretoi, Lutz & Stele, attorneys of
record herein for Defendant, Nachelle Louise Gregory. The following information is within my personal
knowledge, and, if called upon to testify, I could and would testify competently hereto.
2 On or about 07/10/2020, Demand for Production of Documents, Set No. One, were
propounded to PLAINTIFF. A true and correct copy of said document ( EXHIBIT “A”) is attached
hereto and hereby incorporated by reference as though fully set forth at length herein.
10 3 On October 28, 2020, Attorney MATTHEW C. JONES wrote PLAINTIFF’S counsel,
11 that the responses were outstanding and overdue (a true and correct copy is attached hereto and
12 incorporated herein by reference as Exhibit “B”). This letter provided an extension of ten (10) days
13 from the date of that letter and warned that failure to provide responses to the requested discovery would
14 result in a motion to compel and a request for sanctions.
15 4. On October 29, 2020, PLAINTIFF’S counsel emailed Attorney MATTHEW C. JONES
16 and inquired if he would be amenable to a November 18, 2020 response date, to which Mr. Jones agreed
17 (a true and correct copy is attached hereto and incorporated herein by reference as Exhibit “C”).
18 5 As of the date of the preparation of this motion, PLAINTIFF's verified responses to the
19 discovery have not been received by this office.
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DECLARATION OF LESLIE A. ROMEO, ESQ. IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL
DISCOVERY RESPONSES
1 6 The billing rate for this firm is $175.00 per hour and the costs of preparation and making
2 this motion are as follows:
3 A. Preparation of the motion (2 hours at billing rate of
4 $175.00 per hour) $350.00
B Filing costs of the motion $ 60.00
7 TOTAL COST $410.00
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9 I declare under penalty of perjury under the laws of the State of California that the foregoing is
10 | |true and correct.
11 Executed this 14th day of December 2020, at Woodbridge, California.
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LESLIE A. ROMEO, ESQ.
14 Declarant
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DECLARATION OF LESLIE A. ROMEO, ESQ. IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL
DISCOVERY RESPONSES
EXHIBIT “A”
STEVEN T. TSUY UKI, ESQ. (State Bar No.: 257356)
RAFFALOW, BRETOI, LUTZ & STELE
Attomeys at Law
104 Woodmere Road
Folsom, CA 95630
Telephone: (916) 294-3560
Facsimile: (916) 294-8957
E-Service Address: STsuyuki@ mercuryinsurance.com
Attomey for: Defendant, NACHELLE LOUISE GREGORY
Our File No.: 20-112324-129
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF STANISLAUS
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11 DOMINICK A. THOMAS AND DIANA CASE NO: CV-20-001971
SIERRA-MENDEZ,
12 DEMAND FOR INSPECTION AND
Plaintiffs, PRODUCTION OF DOCUMENTS,
13 SET ONE
Vs.
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NACHELLE LOUISE GREGORY, AND DOES 1
15 TO 25, INCLUSIVE,
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Defendant.
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18 DEMANDING PARTY: Defendant NACHELLE LOUISE GREGORY
19 RESPONDING PARTY: Plaintiff DOMINICK A. THOMAS
20 SET NO.: ONE
21 TO PLAINTIFF DOMINICK A. THOMAS AND HIS ATTORNEY OF RECORD
22 HEREIN:
23 PLEASE TAKE NOTICE that you are hereby requested under Code of Civil Procedure,
24 §2031.010 through 2031.320 to produce for inspection and copying the following described photographs
25 and/or documents as defined by Evidence Code §250, not privileged, which are relevant to the subject
26 matter of the action or reasonably calculated to lead to the discovery of admissible evidence, which is in
27 your possession, custody or control, and to permit the inspection and copying or photographing thereof:
28 Il
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DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS, SET ONE
DEFINITIONS
1 “YOU” or “YOU(R)” means Plaintiff DOMINICK A. THOMAS.
2 “DAMAGE(S)” means any and all physical, mental and/or emotional injuries, property
damage, or any other type of direct loss as a result of the INCIDENT.
3 “DOCUMENTS” means a writing, as defined in Evidence Code § 250, and includes the
original or a copy of handwriting, typewriting, printing, photostating, photographing, and every other
means of recording upon any tangible thing and form of communicating or representation, including
letters, words, pictures, sounds, or symbols, or combinations of them and specifically includes any
means of electronic recording, communication and/or transmittal.
10 4 “INCIDENT” includes the circumstances and the events surrounding the alleged accident
11 or injury giving rise to this action.
12 5. “HEALTH CARE PROVIDER” shall include any person referred to in Code of Civil
13 Procedure§ 667.7 (e) (3).
14 6 "PUBLICLY SUBSIDIZED HEALTH CARE PROGRAM" shall mean any health care
15 program or health insurance program wholly or partially funded by a governmental agency, including,
16 but not limited to, Medi-Cal, Medicaid, Social Security, and locally subsidized programs.
17 REQUEST FOR PRODUCTION, SET ONE
18 1 Any and all DOCUMENTS which relate and/or refer to any medical examination,
19 evaluation and/or treatment received by YOU from any HEALTH CARE PROVIDER asa result of any
20 physical, mental and/or emotional injuries Y OU sustained in the INCIDENT.
21 2 Any and all DOCUMENTS which relate and/or refer to any medications taken by Y OU,
22 whether prescribed or non-prescribed, as a result of any physical, mental and/or emotional injuries YOU
23 sustained in the INCIDENT.
24 3 Any and all DOCUMENTS which relate and/or refer to any income received by YOU in
25 the five (5) years prior to the INCIDENT. This request is specifically limited to income received by
26 Y OU from sources which Y OU contend were adversely affected as a result of the INCIDENT.
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DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS, SET ONE
4 Any and all DOCUMENTS which relate and/or refer to any income received by YOU
since the INCIDENT. This request is specifically limited to income received by YOU from sources
which Y OU contend were adversely affected as a result of the INCIDENT.
5. Any and all DOCUMENTS that relate and/or refer to any time YOU have missed from
any paid employment position(s) as a result of the INCIDENT, including, but not limited to, time sheets,
time off/PTO summaries, correspondence, memos and personal diaries and calendars.
6 Any and all DOCUMENTS which relate and/or refer to any decrease in income YOU
have suffered or will suffer as a result of the INCIDENT.
7 Any and all DOCUMENTS that relate and/or refer to the INCIDENT, including, but not
10 limited to, any investigative reports (whether law enforcement or otherwise), accident reports, incident
11 reports, notes, communications, emails, texts, and social media posts.
12 8 Any and all photographs or other pictorial media depicting the scene of the INCIDENT
13 or any person, thing, entity, or object involved therein or that depicts any injuries suffered by YOU.
14 9 Any and all DOCUMENTS which relate and/or refer to any charges incurred and/or
15 payments made by Y OU for products and/or services which Y OU relate to the INCIDENT.
16 10. Any and all DOCUMENTS which support any adverse or negative impact YOU have
17 suffered as a result of the INCIDENT.
18 11. Any and all DOCUMENTS which relate and/or refer to any statements made by any
19 witnesses to the INCIDENT.
20 12. Any and all DOCUMENTS which relate and/or refer to any statements made by any
21 person relating to the INCIDENT.
22 13. Any and all statements made by any person which pertain to the INCIDENT.
23 14. Any and all DOCUMENTS that evidence and/or relate to any payments made by any
24 person, including any insurer of any kind, to aay HEATHCARE PROVIDER for any physical, mental
25 and/or emotional injuries you suffered in the INCIDENT and/or any treatment, consultation, testing or
26 other service provided Y OU as a result of any injuries Y OU suffered in the INCIDENT.
27 15. Any and all reports, records, notes, DOCUMENTS or other written or recorded
28 descriptions of how the INCIDENT or events surrounding the INCIDENT occurred.
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DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS, SET ONE
16. Any and all DOCUMENTS which relate, reflect or refer to any insurance policy in effect
under which you were or may have been insured in any manner for DAMAGES relating to the
INCIDENT, including any health or medical insurer.
17. Any and all documents setting forth any physical, mental and/or emotional symptoms
YOU experienced that YOU relate to the INCIDENT, medical appointments YOU had and/or attended
YOU relate to the INCIDENT and/or other events YOU relate to the INCIDENT, including, but not
limited to, YOUR personal diary and/or calendar, since the date of the INCIDENT.
18. Any and all DOCUMENTS evidencing YOUR enrollment in any PUBLICLY
SUBSIDIZED HEALTH CARE PROGRAM at any time since the INCIDENT.
10 19. Any and all DOCUMENTS that relate and/or refer to the value of any property YOU claim
11 was lost, destroyed or damaged in the INCIDENT, including, but not limited to, receipts for the purchase of
12 the property or replacement of the property.
13 20. Any and all DOCUMENTS including, but not limited to, photographs, motion pictures, and
14 videotapes, depicting any and all property damage incurred by Y OU a result of the INCIDENT.
15 21. Any and all DOCUMENTS that relate and/or refer to the INCIDENT, including, but not
16 limited to, any injury, accident, incident or other report made by any person, including law enforcement
17 agencies, at any time.
18 22. Any and all DOCUMENTS that support, relate and/or refer to the existence of and/or the
19 amount of any damages, other than property damage, loss of income, and physical, mental, or emotional
20 injuries, Y OU claim as a result of the INCIDENT.
21 23. Any and all billing records from YOUR health insurance plan(s) for treatment from a
22 HEALTH CARE PROVIDER for any injury Y OU suffered as a result of the INCIDENT.
23 24. A copy of Y OUR Social Security card.
24 25. A copy of Y OUR driver's license.
25 26. A copy of the certificate of registration of the vehicle Y OU occupied at the time of the
26 INCIDENT and that was in effect at the time of the INCIDENT.
27 27. A copy of the declarations page for each and every policy of insurance in effect and
28 providing coverage for the vehicle you were in at the time of the INCIDENT.
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DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS, SET ONE
Defendants request that the above-described photographs and documents be produced for
inspection and copying within the minimum time prescribed by law, pursuant to Califomia Code of
Civil Procedure, Section 2031 on the Law Offices of RAFFALOW, BRETOI, LUTZ & STELE, 104
Woodmere Road , Folsom, CA 95630.
DATED: July 10, 2020
RAFFALOW, BRETOI, LUTZ & STELE
/\ c _ N
Sent: Thursday, October 29, 2020 10:59 AM
To: Matthew Jones ; Sette Law
Ce: Frederick Sette ; Sunita Narayan
Subject: RE: Thomas v. Gregory
External eMail: Do not open attachments or click on links unless you expected to receive them from a trusted sender.
Thank you for your consideration. | will make contact with our clients today. Would you be amenable to 11/18/20
response date?
Sincerely,
Kistine Stapleton
Paralegal
(@)SETTE LAW
707 Commons Drive, Suite 103
Sacramento, CA 95825
Phone: (916) 442-0000
Fax (916) 442-0001
SERVICE BY E-MAIL NOTICE DUE TO COVID-19:
To promote public health, and in hopes of doing our part to slow the spread of Coronavirus (COVID-19), our office is
temporarily transitioning to remote work for all of our secretarial and paralegal staff, as well as for our attorneys, starting
March 17, 2020. One foreseeable challenge is that it will be extremely difficult to send physical correspondence, whether
through the United States mail or by other private carriers.
We therefore request that you please serve all discovery and pleadings to the following address: info@settelaw.com
From: Matthew Jones
Sent: Thursday, October 29, 2020 10:48 AM
To: Kristine Stapleton ; Sette Law
Cc: Frederick Sette ; Sunita Narayan
Subject: FW: Thomas v. Gregory
Good Morning,
Please see the attached documents and the email below. The documents were sent to Mr. Sette back on 7/10/2020.
Additionally, Mr. Tsuyuki sent an email on 7/13, that does not appear to have received a response, our CMC statement
was sent on 7/23/2020, and | appeared at the CMC on behalf of Mr. Tsuyuki on 8/10/2020. | don’t believe that Mr. Sette
mentioned that the documents had been received, at the CMC, but it was a few months ago.
How soon do you believe that you could provide discovery responses? Or, would it be possible to try to move towards
settlement?
Matthew C. Jones, Esq.
RAFFALOW, BRETOI, LUTZ & STELE
Corporate Law Department — Mercury Insurance Company
104 Woodmere Road
Folsom, CA 95630
Office: (916) 294-3565
Cell: (916) 693-7157
Fax: (916) 294-8957
Email: mjones@mercuryinsurance.com
Electronic service of documents is NOT accepted at this email address. For electronic service please use
SacramentoLegal@mercuryinsurance.com
To promote the public health, and in hopes of doing our part to slow the spread of coronavirus (COVID-
19), our office is now working remotely. This will present a series of workflow challenges. The most
immediate challenge is the difficulty sending and receiving physical correspondence and deliveries. Thus,
we will transition all physical mail to electronic mail only. We will continue to follow the Code of Civil
Procedure for all deadlines including sending electronic mail before 5PM. Our proof of service will
reflect this change. In the spirit of cooperation, we request that you do the same. If you choose to send
something to us via US mail or delivery, we cannot guarantee that we will receive and be able to reply to
your correspondence in a timely manner.
From: Sunita Narayan
Sent: Friday, July 10, 2020 2:50 PM
To: 'fred@settelaw.com'
Cc: Steven Tsuyuki
Subject: Thomas v. Gregory
Dear Counsel:
Attached please find the responsive pleadings on behalf of Defendant, Nachelle Louise Gregory
Please confirm that this is the correct email address for electronic service.
Thank you.
QSunita Narayan
Legal Secretary to Matthew Jones and Steven Tsuyuki
RAFFALOW, BRETOI, LUTZ & STELE
Corporate Law Department — Mercury Insurance Company
104 Woodmere Road
Folsom, CA 95630
Office: (916) 294-3576
Fax: (877) 391-4496
Email: snarayan@mercuryinsurance.com
This e-mail message, including any attachments, is for the sole use of the intended recipient, and may contain material
that is privileged or confidential and legally protected from disclosure. If you are not the intended recipient or have
received this message in error, you are not authorized to copy, distribute, or otherwise use this message or its
attachments. Please notify the sender immediately by return e-mail and permanently delete this message and any
attachments.
PROOF OF SERVICE
(1013A, 2015.5 C.C.P.)
STATE OF CALIFORNIA )
) ss. THOMAS V. GREGORY
COUNTY OF STANISLAUS )
I am employed in the County of Sacramento, State of California, I am over the age of eighteen
years and not a party to the within entitled action; my business address is 104 Woodmere Road, , Folsom,
CA 95630. I am readily familiar with the business practice at my place of business for collection and
processing of correspondence for mailing with the United States Postal Service. Correspondence so
collected and processed is deposited with the United States Postal Service that same day in ordinary
course of business.
10 On December 15, 2020, I served the forgoing NOTICE OF MOTION FOR ORDER
COMPELLING PLAINTIFF, DOMINICK A. THOMAS, TO (1) RESPOND TO DEMAND FOR
11 PRODUCTION, SET NO. ONE; AND (2) PAY COSTS AND SANCTIONS IN THE AMOUNT OF
$760.00; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF;
12 DECLARATION OF LESLIE A. ROMEO, ESQ. on the interested parties in this action, by placing a
true copy thereof, enclosed in a sealed envelope, addressed as follows:
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SEE ATTACHED MAILING LIST
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(XX) (ONLY BY ELECTRONIC TRANSMISSION) Only by e-mailing the document(s) to the
16 persons at the e-mail address(es). This is necessitated during the declared National Emergency due to
the Coronavirus (Covid-19) pandemic because this office will be working remotely, not able to send
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physical mail as usual, and is therefore using only electronic mail. No electronic message or other
18 indication that the transmission was unsuccessful was received within a reasonable time after the
transmission. We will provide a physical copy, upon request only, when we return to the office at the
19 conclusion of the national emergency.
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() (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the office of the
21 addressee(s).
22 () (BY FACSIMILE TRANSMISSION) I also served by facsimile transmission, a true and correct
copy of the above designated documents, on the office(s) of the addressee at the following facsimile
23 number:
24 (XX) (STATE) I declare under penalty of perjury under the laws of the State of California that
the above is true and correct.
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( ) (FEDERAL) I declare that I am employed in the office ofa member of the bar of this court at
26 whose direction the service was made.
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Dated: December 15, 2020
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Joshua Bay
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MAILING LIST
THOMAS V. GREGORY
Frederick J. Sette, Esq.
SETTE LAW
707 Commons Drive, Suite 103
Sacramento, CA 95825
Email: fred@settelaw.com
kristine@settelaw.com
info@settelaw.com
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LESLIE A. ROMEO, ESQ. (State Bar No.: 309746) Electronically Filed RAFFALOW, BRETOI, LUTZ & STELE 12/15/2020 11:00 AM Attorneys at Law Superior Court of California 104 Woodmere Road County of Stanislaus Folsom, CA 95630 Clerk of the Court (916) 294-3560 E-Service Address: LRomeo@mercuryinsurance.com By: Nicole Nelson, Deputy Attorney for: Defendant, NACHELLE LOUISE GREGORY $60 PD Our File No.: 20-112324-137 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF STANISLAUS 10 11 DOMINICK A. THOMAS AND DIANA CASE NO: CV-20-001971 STIERRA-MENDEZ, Filed: April 10, 2020 12 Plaintiffs, JUDGE: Hon. John D. Freeland 13 vs. NOTICE OF MOTION AND MOTION 14 FOR ORDER COMPELLING NACHELLE LOUISE GREGORY, AND DOES PLAINTIFF, DOMINICK A. THOMAS 15 1 TO 25, INCLUSIVE, TO (1) RESPOND TO DEMAND FOR PRODUCTION, SET NO. ONE; AND 16 Defendants. (2) PAY COSTS AND SANCTIONS IN THE AMOUNT OF $410.00; 17 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT 18 THEREOF; DECLARATION OF LESLIE A. ROMEO, ESQ.; 19 [PROPOSED] ORDER 20 DATE: February 17, 2021 TIME: 8:30 a.m. 21 DEPT: 23 22 TO: ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 23 PLEASE TAKE NOTICE that on February 17, 2021 at 8:30 a.m., or as soon thereafter as the 24 matter may be heard in Department 23 of the above-entitled court, located at 801 10th Street, Modesto, 25 CA, 95354, Defendant, Nachelle Louise Gregory, will move the court for an order compelling, Plaintiff, 26 Dominick A. Thomas, to respond within fifteen (15) days, without objections, to the Demand for 27 Inspection and Production of Documents, Set No. One, propounded to Plaintiff, and also for an order 28 1 DEFENDANT’S MOTION TO COMPEL FORM INTERROGATORIES that said Plaintiff and/or Plaintiff's attorney of record, Frederick J. Sette, Esq., pay monetary sanctions and attorney's fees to said moving party within fifteen (15) days in the sum of $410.00 for the reasonable expenses and attorney's fees incurred by the moving party in connection with this proceeding. This motion will be made pursuant to Code of Civil Procedure §§2023, 2031.260, 2031.300, and 203 1.310, and on the grounds that the Demand for Inspection and Production of Documents are relevant to the subject matter of this action, does not relate to privileged matters, and that the refusal to answer same is without substantial justification. This motion will be based on this Notice, the Memorandum of Points and Authorities and Declaration of LESLIE A. ROMEO, Esq. attached hereto, the pleadings and other documentary 10 evidence contained in the court's file and such other oral and documentary evidence as may be presented 11 at the hearing of this motion. 12 “Pursuant to Local Rule 3.01 (C), Tentative rulings will be issued on law and 13 motion matters the Court day prior to the hearing date. Tentative rulings can be accessed on the Internet at www.stanct.org after 1:30 p.m. 14 You may request a hearing by calling the calendar line at (209) 530-3162 or the 15 main line at (209) 530-3100, prior to 4:00 p.m. — OR-by e-mailing at 16 civil.tentatives@stanct.org. E-mail requests must be made prior to 4:00 p.m. AND confirmed by return e-mail. If you do not receive confirmation e-mail from the 17 clerk, you MUST call (209) 530-3162 to request your hearing.” 18 DATED: December 14, 2020 19 20 RAFFALOW, BRETOI, LUTZ & STELE 21 22 BY 23 LESLIE A. ROMEO, ESQ. Attorneys for Defendant, 24 NACHELLE LOUISE GREGORY 25 26 27 28 2 DEFENDANT’S MOTION TO COMPEL FORM INTERROGATORIES MEMORANDUM OF POINTS AND AUTHORITIES 1 STATEMENT OF CASE A Pleading: On April 10, 2020, Plaintiff, Dominick A. Thomas (hereinafter referred to as the "PLAINTIFF") filed a complaint alleging personal injuries and damages from an automobile accident with the defendant that occurred on January 4, 2019. Defendant, Nachelle Louise Gregory (hereinafter referred to as the "DEFENDANT") filed and served an answer on July 10, 2020. B Discovery DEFENDANT propounded Demand for Inspection and Production of Documents, Set No. One 10 (Exhibit “A”) to PLAINTIFF, by email on 07/10/2020. The actual responses were due on August 11, 11 2020. PLAINTIFF did not serve responses by the original due date. PLAINTIFF did not request an 12 extension of time to respond. 13 Cc Meet and Confer 14 On October 28, 2020, DEFENDANT'S counsel wrote PLAINTIFF’S counsel, indicating that the 15 responses were outstanding and overdue (Exhibit “B”), provided an extension within ten (10) days from 16 the date of that letter and warned that failure to provide responses to the requested discovery would 17 result in a motion to compel with a request for sanctions. On October 29, 2020, PLAINTIFF’S counsel 18 emailed DEFENDANT'S counsel (Exhibit “C”) and inquired to if they would be amenable to 19 November 18, 2020 response date. DEFENDANT’S counsel agreed. 20 As of the drafting of this motion, PLAINTIFF has not provided any response to the discovery 21 and has not requested any extension of time. 22 2 MOTION TO COMPEL RESPONSES IS PROPER AGAINST A PARTY THAT 23 FAILS TO SERVE TIMELY RESPONSE TO REQUEST FOR PRODUCTION OF 24 DOCUMENTS 25 Parties served with Demand for Production of Documents have 30 days with which to respond as 26 produce such documents as dictated by Code of Civil Procedure §2031.260: 27 "Within 30 days after service of inspection demand, the party to whom the demand is directed shall serve the original of the response to it on the party 28 making the demand..." 3 DEFENDANT’S MOTION TO COMPEL FORM INTERROGATORIES In the instant case, PLAINTIFF has not responded to Demand for Production of Documents, even after DEFENDANT'S counsel has met and conferred on the issue with PLAINTIFF’S counsel. When a Party fails to respond to a Demand for Production of Documents, that party waives objections, and the propounding party may move the court for an order compelling responses as outlined in Code of Civil Procedure §2031.300 which provides as follows: "Ifa party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response to it, the following rules apply: (a) The party to whom the demand for inspection, copying, testing or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product under Chapter 4 (commencing with §2018.010). 10 (b) The party making the demand may move for an order compelling 11 response to the demand." (emphasis added) 12 DEFENDANT requires the documents sought pursuant to the Demand for Production of 13 Documents, Set No. One, to adequately investigate and prepare this case for trial and/or for settlement 14 purposes. PLAINTIFF’S complaint alleges personal injuries. The Demand for Production of Documents 15 propounded to the PLAINTIFF are relevant and/or likely to lead to the discovery of admissible evidence. 16 The DEFENDANT of this lawsuit will be unduly prejudiced if PLAINTIFF is not ordered to provide 17 responses, without objection, to Demand for Production of Documents, Set No. One. 18 3. SANCTIONS ARE REQUIRED 19 According to Code of Civil Procedure §2023.010 "misuses of the discovery process include, but 20 are not limited to, the following: (d) Failing to respond or to submit to an authorized method of 21 discovery." Code of Civil Procedure §2023.030 allows monetary sanctions against those engaging in 22 the misuse of the discovery process; Code of Civil Procedure §2023.030 subsection (a) states: 23 "The court may impose a monetary sanction ordering that one engaging in 24 the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney's fees, incurred by 25 anyone as a result of that conduct." 26 PLAINTIFF has not responded to Demand for Production of Documents which is an authorized 27 method of discovery per Code of Civil Procedure §2031.010. Due to PLAINTIFF’S lack of response, 28 4 DEFENDANT’S MOTION TO COMPEL FORM INTERROGATORIES 1 DEFENDANT had to file this motion to compel responses to Demand for Production of Documents, 2 ||which required attorney time and court expenses. 3 Moreover, according to Code of Civil Procedure §2031.300 sanctions are mandated for a party 4 ‘who unsuccessfully opposes a motion to compel as indicated in subsection (c) wherein it states: "Except as provided in subdivision (d), the court shall impose a monetary sanction under Chapter 7 (commencing with §2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to demand for inspection, copying, testing, or sampling, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust." (Emphasis added) 10 There is no substantial justification or circumstance which would make an imposition of 11 monetary sanctions unjust. According to the law and facts of this case, monetary sanctions are warranted 12 against PLAINTIFF and/or PLAINTIFF’S attorney of record. 13 4, CONCLUSION 14 Based on the foregoing, DEFENDANT respectfully requests that the Court order PLAINTIFFS, 15 to respond, without objections, within fifteen (15) days to Demand for Production of Documents, Set 16 No. One, and further award attorney's fees and sanctions in the amount of $410.00 from PLAINTIFF 17 and/or PLAINTIFF’S attorney of record, Frederick J. Sette, Esq. 18 19 DATED: December 14, 2020 20 RAFFALOW, BRETOI, LUTZ & STELE 21 22 ae = BY 23 LESLIE A. ROMEO, ESQ. Attorneys for Defendant, 24 NACHELLE LOUISE GREGORY 25 26 27 28 5 DEFENDANT’S MOTION TO COMPEL FORM INTERROGATORIES DECLARATION OF LESLIE A. ROMEO, ESQ. I, LESLIE A. ROMEO, ESQ. declare and state as follows: 1 Iam an attorney at law, duly licensed to practice law before all the courts of the State of California and that I am associated with the law firm of Raffalow, Bretoi, Lutz & Stele, attorneys of record herein for Defendant, Nachelle Louise Gregory. The following information is within my personal knowledge, and, if called upon to testify, I could and would testify competently hereto. 2 On or about 07/10/2020, Demand for Production of Documents, Set No. One, were propounded to PLAINTIFF. A true and correct copy of said document ( EXHIBIT “A”) is attached hereto and hereby incorporated by reference as though fully set forth at length herein. 10 3 On October 28, 2020, Attorney MATTHEW C. JONES wrote PLAINTIFF’S counsel, 11 that the responses were outstanding and overdue (a true and correct copy is attached hereto and 12 incorporated herein by reference as Exhibit “B”). This letter provided an extension of ten (10) days 13 from the date of that letter and warned that failure to provide responses to the requested discovery would 14 result in a motion to compel and a request for sanctions. 15 4. On October 29, 2020, PLAINTIFF’S counsel emailed Attorney MATTHEW C. JONES 16 and inquired if he would be amenable to a November 18, 2020 response date, to which Mr. Jones agreed 17 (a true and correct copy is attached hereto and incorporated herein by reference as Exhibit “C”). 18 5 As of the date of the preparation of this motion, PLAINTIFF's verified responses to the 19 discovery have not been received by this office. 20 /i/ 21 22 23 24 /i/ 25 26 27 28 /i/ 6 DECLARATION OF LESLIE A. ROMEO, ESQ. IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL DISCOVERY RESPONSES 1 6 The billing rate for this firm is $175.00 per hour and the costs of preparation and making 2 this motion are as follows: 3 A. Preparation of the motion (2 hours at billing rate of 4 $175.00 per hour) $350.00 B Filing costs of the motion $ 60.00 7 TOTAL COST $410.00 8 9 I declare under penalty of perjury under the laws of the State of California that the foregoing is 10 | |true and correct. 11 Executed this 14th day of December 2020, at Woodbridge, California. 12 a 13 LESLIE A. ROMEO, ESQ. 14 Declarant 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 DECLARATION OF LESLIE A. ROMEO, ESQ. IN SUPPORT OF DEFENDANT’S MOTION TO COMPEL DISCOVERY RESPONSES EXHIBIT “A” STEVEN T. TSUY UKI, ESQ. (State Bar No.: 257356) RAFFALOW, BRETOI, LUTZ & STELE Attomeys at Law 104 Woodmere Road Folsom, CA 95630 Telephone: (916) 294-3560 Facsimile: (916) 294-8957 E-Service Address: STsuyuki@ mercuryinsurance.com Attomey for: Defendant, NACHELLE LOUISE GREGORY Our File No.: 20-112324-129 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF STANISLAUS 10 11 DOMINICK A. THOMAS AND DIANA CASE NO: CV-20-001971 SIERRA-MENDEZ, 12 DEMAND FOR INSPECTION AND Plaintiffs, PRODUCTION OF DOCUMENTS, 13 SET ONE Vs. 14 NACHELLE LOUISE GREGORY, AND DOES 1 15 TO 25, INCLUSIVE, 16 Defendant. 17 18 DEMANDING PARTY: Defendant NACHELLE LOUISE GREGORY 19 RESPONDING PARTY: Plaintiff DOMINICK A. THOMAS 20 SET NO.: ONE 21 TO PLAINTIFF DOMINICK A. THOMAS AND HIS ATTORNEY OF RECORD 22 HEREIN: 23 PLEASE TAKE NOTICE that you are hereby requested under Code of Civil Procedure, 24 §2031.010 through 2031.320 to produce for inspection and copying the following described photographs 25 and/or documents as defined by Evidence Code §250, not privileged, which are relevant to the subject 26 matter of the action or reasonably calculated to lead to the discovery of admissible evidence, which is in 27 your possession, custody or control, and to permit the inspection and copying or photographing thereof: 28 Il 1 DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS, SET ONE DEFINITIONS 1 “YOU” or “YOU(R)” means Plaintiff DOMINICK A. THOMAS. 2 “DAMAGE(S)” means any and all physical, mental and/or emotional injuries, property damage, or any other type of direct loss as a result of the INCIDENT. 3 “DOCUMENTS” means a writing, as defined in Evidence Code § 250, and includes the original or a copy of handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them and specifically includes any means of electronic recording, communication and/or transmittal. 10 4 “INCIDENT” includes the circumstances and the events surrounding the alleged accident 11 or injury giving rise to this action. 12 5. “HEALTH CARE PROVIDER” shall include any person referred to in Code of Civil 13 Procedure§ 667.7 (e) (3). 14 6 "PUBLICLY SUBSIDIZED HEALTH CARE PROGRAM" shall mean any health care 15 program or health insurance program wholly or partially funded by a governmental agency, including, 16 but not limited to, Medi-Cal, Medicaid, Social Security, and locally subsidized programs. 17 REQUEST FOR PRODUCTION, SET ONE 18 1 Any and all DOCUMENTS which relate and/or refer to any medical examination, 19 evaluation and/or treatment received by YOU from any HEALTH CARE PROVIDER asa result of any 20 physical, mental and/or emotional injuries Y OU sustained in the INCIDENT. 21 2 Any and all DOCUMENTS which relate and/or refer to any medications taken by Y OU, 22 whether prescribed or non-prescribed, as a result of any physical, mental and/or emotional injuries YOU 23 sustained in the INCIDENT. 24 3 Any and all DOCUMENTS which relate and/or refer to any income received by YOU in 25 the five (5) years prior to the INCIDENT. This request is specifically limited to income received by 26 Y OU from sources which Y OU contend were adversely affected as a result of the INCIDENT. 27 Il 28 Il 2 DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS, SET ONE 4 Any and all DOCUMENTS which relate and/or refer to any income received by YOU since the INCIDENT. This request is specifically limited to income received by YOU from sources which Y OU contend were adversely affected as a result of the INCIDENT. 5. Any and all DOCUMENTS that relate and/or refer to any time YOU have missed from any paid employment position(s) as a result of the INCIDENT, including, but not limited to, time sheets, time off/PTO summaries, correspondence, memos and personal diaries and calendars. 6 Any and all DOCUMENTS which relate and/or refer to any decrease in income YOU have suffered or will suffer as a result of the INCIDENT. 7 Any and all DOCUMENTS that relate and/or refer to the INCIDENT, including, but not 10 limited to, any investigative reports (whether law enforcement or otherwise), accident reports, incident 11 reports, notes, communications, emails, texts, and social media posts. 12 8 Any and all photographs or other pictorial media depicting the scene of the INCIDENT 13 or any person, thing, entity, or object involved therein or that depicts any injuries suffered by YOU. 14 9 Any and all DOCUMENTS which relate and/or refer to any charges incurred and/or 15 payments made by Y OU for products and/or services which Y OU relate to the INCIDENT. 16 10. Any and all DOCUMENTS which support any adverse or negative impact YOU have 17 suffered as a result of the INCIDENT. 18 11. Any and all DOCUMENTS which relate and/or refer to any statements made by any 19 witnesses to the INCIDENT. 20 12. Any and all DOCUMENTS which relate and/or refer to any statements made by any 21 person relating to the INCIDENT. 22 13. Any and all statements made by any person which pertain to the INCIDENT. 23 14. Any and all DOCUMENTS that evidence and/or relate to any payments made by any 24 person, including any insurer of any kind, to aay HEATHCARE PROVIDER for any physical, mental 25 and/or emotional injuries you suffered in the INCIDENT and/or any treatment, consultation, testing or 26 other service provided Y OU as a result of any injuries Y OU suffered in the INCIDENT. 27 15. Any and all reports, records, notes, DOCUMENTS or other written or recorded 28 descriptions of how the INCIDENT or events surrounding the INCIDENT occurred. 3 DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS, SET ONE 16. Any and all DOCUMENTS which relate, reflect or refer to any insurance policy in effect under which you were or may have been insured in any manner for DAMAGES relating to the INCIDENT, including any health or medical insurer. 17. Any and all documents setting forth any physical, mental and/or emotional symptoms YOU experienced that YOU relate to the INCIDENT, medical appointments YOU had and/or attended YOU relate to the INCIDENT and/or other events YOU relate to the INCIDENT, including, but not limited to, YOUR personal diary and/or calendar, since the date of the INCIDENT. 18. Any and all DOCUMENTS evidencing YOUR enrollment in any PUBLICLY SUBSIDIZED HEALTH CARE PROGRAM at any time since the INCIDENT. 10 19. Any and all DOCUMENTS that relate and/or refer to the value of any property YOU claim 11 was lost, destroyed or damaged in the INCIDENT, including, but not limited to, receipts for the purchase of 12 the property or replacement of the property. 13 20. Any and all DOCUMENTS including, but not limited to, photographs, motion pictures, and 14 videotapes, depicting any and all property damage incurred by Y OU a result of the INCIDENT. 15 21. Any and all DOCUMENTS that relate and/or refer to the INCIDENT, including, but not 16 limited to, any injury, accident, incident or other report made by any person, including law enforcement 17 agencies, at any time. 18 22. Any and all DOCUMENTS that support, relate and/or refer to the existence of and/or the 19 amount of any damages, other than property damage, loss of income, and physical, mental, or emotional 20 injuries, Y OU claim as a result of the INCIDENT. 21 23. Any and all billing records from YOUR health insurance plan(s) for treatment from a 22 HEALTH CARE PROVIDER for any injury Y OU suffered as a result of the INCIDENT. 23 24. A copy of Y OUR Social Security card. 24 25. A copy of Y OUR driver's license. 25 26. A copy of the certificate of registration of the vehicle Y OU occupied at the time of the 26 INCIDENT and that was in effect at the time of the INCIDENT. 27 27. A copy of the declarations page for each and every policy of insurance in effect and 28 providing coverage for the vehicle you were in at the time of the INCIDENT. 4 DEMAND FOR INSPECTION AND PRODUCTION OF DOCUMENTS, SET ONE Defendants request that the above-described photographs and documents be produced for inspection and copying within the minimum time prescribed by law, pursuant to Califomia Code of Civil Procedure, Section 2031 on the Law Offices of RAFFALOW, BRETOI, LUTZ & STELE, 104 Woodmere Road , Folsom, CA 95630. DATED: July 10, 2020 RAFFALOW, BRETOI, LUTZ & STELE /\ c _ N Sent: Thursday, October 29, 2020 10:59 AM To: Matthew Jones ; Sette Law Ce: Frederick Sette ; Sunita Narayan Subject: RE: Thomas v. Gregory External eMail: Do not open attachments or click on links unless you expected to receive them from a trusted sender. Thank you for your consideration. | will make contact with our clients today. Would you be amenable to 11/18/20 response date? Sincerely, Kistine Stapleton Paralegal (@)SETTE LAW 707 Commons Drive, Suite 103 Sacramento, CA 95825 Phone: (916) 442-0000 Fax (916) 442-0001 SERVICE BY E-MAIL NOTICE DUE TO COVID-19: To promote public health, and in hopes of doing our part to slow the spread of Coronavirus (COVID-19), our office is temporarily transitioning to remote work for all of our secretarial and paralegal staff, as well as for our attorneys, starting March 17, 2020. One foreseeable challenge is that it will be extremely difficult to send physical correspondence, whether through the United States mail or by other private carriers. We therefore request that you please serve all discovery and pleadings to the following address: info@settelaw.com From: Matthew Jones Sent: Thursday, October 29, 2020 10:48 AM To: Kristine Stapleton ; Sette Law Cc: Frederick Sette ; Sunita Narayan Subject: FW: Thomas v. Gregory Good Morning, Please see the attached documents and the email below. The documents were sent to Mr. Sette back on 7/10/2020. Additionally, Mr. Tsuyuki sent an email on 7/13, that does not appear to have received a response, our CMC statement was sent on 7/23/2020, and | appeared at the CMC on behalf of Mr. Tsuyuki on 8/10/2020. | don’t believe that Mr. Sette mentioned that the documents had been received, at the CMC, but it was a few months ago. How soon do you believe that you could provide discovery responses? Or, would it be possible to try to move towards settlement? Matthew C. Jones, Esq. RAFFALOW, BRETOI, LUTZ & STELE Corporate Law Department — Mercury Insurance Company 104 Woodmere Road Folsom, CA 95630 Office: (916) 294-3565 Cell: (916) 693-7157 Fax: (916) 294-8957 Email: mjones@mercuryinsurance.com Electronic service of documents is NOT accepted at this email address. For electronic service please use SacramentoLegal@mercuryinsurance.com To promote the public health, and in hopes of doing our part to slow the spread of coronavirus (COVID- 19), our office is now working remotely. This will present a series of workflow challenges. The most immediate challenge is the difficulty sending and receiving physical correspondence and deliveries. Thus, we will transition all physical mail to electronic mail only. We will continue to follow the Code of Civil Procedure for all deadlines including sending electronic mail before 5PM. Our proof of service will reflect this change. In the spirit of cooperation, we request that you do the same. If you choose to send something to us via US mail or delivery, we cannot guarantee that we will receive and be able to reply to your correspondence in a timely manner. From: Sunita Narayan Sent: Friday, July 10, 2020 2:50 PM To: 'fred@settelaw.com' Cc: Steven Tsuyuki Subject: Thomas v. Gregory Dear Counsel: Attached please find the responsive pleadings on behalf of Defendant, Nachelle Louise Gregory Please confirm that this is the correct email address for electronic service. Thank you. QSunita Narayan Legal Secretary to Matthew Jones and Steven Tsuyuki RAFFALOW, BRETOI, LUTZ & STELE Corporate Law Department — Mercury Insurance Company 104 Woodmere Road Folsom, CA 95630 Office: (916) 294-3576 Fax: (877) 391-4496 Email: snarayan@mercuryinsurance.com This e-mail message, including any attachments, is for the sole use of the intended recipient, and may contain material that is privileged or confidential and legally protected from disclosure. If you are not the intended recipient or have received this message in error, you are not authorized to copy, distribute, or otherwise use this message or its attachments. Please notify the sender immediately by return e-mail and permanently delete this message and any attachments. PROOF OF SERVICE (1013A, 2015.5 C.C.P.) STATE OF CALIFORNIA ) ) ss. THOMAS V. GREGORY COUNTY OF STANISLAUS ) I am employed in the County of Sacramento, State of California, I am over the age of eighteen years and not a party to the within entitled action; my business address is 104 Woodmere Road, , Folsom, CA 95630. I am readily familiar with the business practice at my place of business for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service that same day in ordinary course of business. 10 On December 15, 2020, I served the forgoing NOTICE OF MOTION FOR ORDER COMPELLING PLAINTIFF, DOMINICK A. THOMAS, TO (1) RESPOND TO DEMAND FOR 11 PRODUCTION, SET NO. ONE; AND (2) PAY COSTS AND SANCTIONS IN THE AMOUNT OF $760.00; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; 12 DECLARATION OF LESLIE A. ROMEO, ESQ. on the interested parties in this action, by placing a true copy thereof, enclosed in a sealed envelope, addressed as follows: 13 SEE ATTACHED MAILING LIST 14 15 (XX) (ONLY BY ELECTRONIC TRANSMISSION) Only by e-mailing the document(s) to the 16 persons at the e-mail address(es). This is necessitated during the declared National Emergency due to the Coronavirus (Covid-19) pandemic because this office will be working remotely, not able to send 17 physical mail as usual, and is therefore using only electronic mail. No electronic message or other 18 indication that the transmission was unsuccessful was received within a reasonable time after the transmission. We will provide a physical copy, upon request only, when we return to the office at the 19 conclusion of the national emergency. 20 () (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the office of the 21 addressee(s). 22 () (BY FACSIMILE TRANSMISSION) I also served by facsimile transmission, a true and correct copy of the above designated documents, on the office(s) of the addressee at the following facsimile 23 number: 24 (XX) (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 25 ( ) (FEDERAL) I declare that I am employed in the office ofa member of the bar of this court at 26 whose direction the service was made. 27 Dated: December 15, 2020 28 Joshua Bay 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MAILING LIST THOMAS V. GREGORY Frederick J. Sette, Esq. SETTE LAW 707 Commons Drive, Suite 103 Sacramento, CA 95825 Email: fred@settelaw.com kristine@settelaw.com info@settelaw.com 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28