On January 01, 1900 a
Motion,Ex Parte
was filed
involving a dispute between
Wiseheart, Linda Smithwick,
and
Hilvers, Mary,
Hilvers, Peter,
Johnston, Judith,
Old English Rancho, A Partnership,
Old English Rancho, Inc.,
Prime Staff, Inc.,
Pristine Services, Inc.,
for 23 Unlimited - Other PI/PD/WD
in the District Court of Fresno County.
Preview
Thomas M. Downey, State Bar No. 142096
Gregory H. McCormick, State Bar No. 164461 E-FILED
Emily G. Genge, State Bar No. 318706 10/27/2020 3:26 PM
BURNHAM BROWN Superior Court of California
A Professional Law Corporation County of Fresno
P.O. Box 119 By: C. York, Deputy
Oakland, California 94604
a
1901 Harrison Street, 13th Floor
Oakland, California 94612
Telephone: (510) 444-6800
Facsimile: (510) 835-6666
Email: tdowney@burnhambrown.com
gmecormick@burnhambrown.com
genge@burnhambrown.com
Attorneys for Defendants
OLD ENGLISH RANCHO, a Partnership; JUDITH
10 JOHNSTON, individually and as a partner of OLD
ENGLISH RANCHO; MARY HILVERS, individually and as
11 a partner of OLD ENGLISH RANCHO; PETER HILVERS,
individually and as a partner of OLD ENGLISH RANCHO
12
13
14 SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
15 UNLIMITED JURISDICTION
16 LINDA SMITHWICK WISEHEART, No. 18CECG00286
17 Plaintiff,
DEFENDANTS’ NOTICE OF MOTION
18 v FOR ORDER DEEMING ADMITTED
TRUTH OF FACTS AND REQUEST
19 OLD ENGLISH RANCH, INC. aka OLD FOR MONETARY SANCTIONS
ENGLISH RANCHO, PRIME STAFF, INC.,
20 PRISTINE SERVICES, INC., and DOES | to Date: February 11, 2021
20, Time: 3:30 p.m.
21 Dept: 403
Defendants. Judge: Hon. Kristi Culver Kapetan
22
[ACCOMPANYING DOCUMENTS:
23 MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF
24 GREGORY H. McCORMICK; AND [PROPOSED]
ORDER]
25
Complaint Filed: 01/23/2018
26
27
28
1
DEFENDANTS’ NOTICE OF MOTION FOR ORDER DEEMING ADMITTED No. 18CECG00286
TRUTH OF FACTS AND REQUEST FOR MONETARY SANCTIONS
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that at 3:30 p.m. on February 11, 2021, or as soon thereafter as
counsel may be heard in Department 403 of the above-entitled court, OLD ENGLISH RANCHO,
a Partnership; JUDITH JOHNSTON, individually and as a partnerof OLD ENGLISH RANCHO;
MARY HILVERS, individually and as a partner of OLD ENGLISH RANCHO; PETER
HILVERS, individually and as a partner of OLD ENGLISH RANCHO (hereinafter referred to as
Defendants") will move for the following Orders:
1) An Order that the matters specified in Requests for Admissions, Set One, Nos. 1-33
propounded by Defendants to Plaintiff, LINDA SMITHWICK WISEHEART
10 ("Plaintiff"), are deemed admitted; and
11 2) An Order imposing monetary sanctions on Linda Smithwick Wiseheart and the Law
Offices of Frank M. Nunes in the amount of $1,132.50. for reasonable attorney’s fees
and costs related to bringing this motion. (See Declaration of Gregory H. McCormick
14 at
Good cause exists to grant this motion because Plaintiff has failed to serve responses to
16 Defendants’ Request for Admission to Plaintiff, Set One and the corresponding Form
17 Interrogatories to Plaintiff, Set Two. Further, good cause exists for monetary sanctions of ,
which are Defendants’ reasonable expenses, including attorney’s fees, incurred by Defendants’ as
a result of Plaintiff's misuse of the discovery process.
There is no reason why Plaintiffs failure to serve proper, code complaint verified
responses should be excused. Furthermore, admission of the requests will serve the interests of
justice and judicial economy, as the matters deemed admitted are dispositive of Plaintiff's theories
of liability and alleged damages.
This motion to compel is based upon this Notice of Motion and Motion, the Memorandum
of Points and authorities, the Declaration of Gregory H. McCormick, and upon such further oral
and documentary evidence as is presented at the hearing of this matter. No separate statement is
included because Plaintiff has failed to provide responses. See, California Rules of Court, Rule
2
DEFENDANTS’ NOTICE OF MOTION FOR ORDER DEEMING ADMITTED No. 18CECG00286
TRUTH OF FACTS AND REQUEST FOR MONETARY SANCTIONS
1}) 3.1345.
2\| DATED: October 27, 2020 BURNHAM BROWN
3
4 — A oe
THOMAS D. DOWNEY
GREGORY H. MCCORMICK
EMILY G. GENGE
Attomeys for Defendants OLD ENGLISH
RANCHO, a Partnership; JUDITH JOHNSTON,
individually and as a partner of OLD ENGLISH
RANCHO; MARY HILVERS, individually and as
a partner of OLD ENGLISH RANCHO; PETER
HILVERS, individually and as a partner of OLD
ENGLISH RANCHO
4813-4522-5422, v. 1
I
11
14
16
17
3
DEFENDANTS’ NOTICE OF MOTION FOR ORDER DEEMING ADMITTED No. 18CECG00286
TRUTH OF FACTS AND REQUEST FOR MONETARY SANCTIONS
Preview
Thomas M. Downey, State Bar No. 142096 Gregory H. McCormick, State Bar No. 164461 E-FILED Emily G. Genge, State Bar No. 318706 10/27/2020 3:26 PM BURNHAM BROWN Superior Court of California A Professional Law Corporation County of Fresno P.O. Box 119 By: C. York, Deputy Oakland, California 94604 a 1901 Harrison Street, 13th Floor Oakland, California 94612 Telephone: (510) 444-6800 Facsimile: (510) 835-6666 Email: tdowney@burnhambrown.com gmecormick@burnhambrown.com genge@burnhambrown.com Attorneys for Defendants OLD ENGLISH RANCHO, a Partnership; JUDITH 10 JOHNSTON, individually and as a partner of OLD ENGLISH RANCHO; MARY HILVERS, individually and as 11 a partner of OLD ENGLISH RANCHO; PETER HILVERS, individually and as a partner of OLD ENGLISH RANCHO 12 13 14 SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO 15 UNLIMITED JURISDICTION 16 LINDA SMITHWICK WISEHEART, No. 18CECG00286 17 Plaintiff, DEFENDANTS’ NOTICE OF MOTION 18 v FOR ORDER DEEMING ADMITTED TRUTH OF FACTS AND REQUEST 19 OLD ENGLISH RANCH, INC. aka OLD FOR MONETARY SANCTIONS ENGLISH RANCHO, PRIME STAFF, INC., 20 PRISTINE SERVICES, INC., and DOES | to Date: February 11, 2021 20, Time: 3:30 p.m. 21 Dept: 403 Defendants. Judge: Hon. Kristi Culver Kapetan 22 [ACCOMPANYING DOCUMENTS: 23 MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF 24 GREGORY H. McCORMICK; AND [PROPOSED] ORDER] 25 Complaint Filed: 01/23/2018 26 27 28 1 DEFENDANTS’ NOTICE OF MOTION FOR ORDER DEEMING ADMITTED No. 18CECG00286 TRUTH OF FACTS AND REQUEST FOR MONETARY SANCTIONS TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that at 3:30 p.m. on February 11, 2021, or as soon thereafter as counsel may be heard in Department 403 of the above-entitled court, OLD ENGLISH RANCHO, a Partnership; JUDITH JOHNSTON, individually and as a partnerof OLD ENGLISH RANCHO; MARY HILVERS, individually and as a partner of OLD ENGLISH RANCHO; PETER HILVERS, individually and as a partner of OLD ENGLISH RANCHO (hereinafter referred to as Defendants") will move for the following Orders: 1) An Order that the matters specified in Requests for Admissions, Set One, Nos. 1-33 propounded by Defendants to Plaintiff, LINDA SMITHWICK WISEHEART 10 ("Plaintiff"), are deemed admitted; and 11 2) An Order imposing monetary sanctions on Linda Smithwick Wiseheart and the Law Offices of Frank M. Nunes in the amount of $1,132.50. for reasonable attorney’s fees and costs related to bringing this motion. (See Declaration of Gregory H. McCormick 14 at Good cause exists to grant this motion because Plaintiff has failed to serve responses to 16 Defendants’ Request for Admission to Plaintiff, Set One and the corresponding Form 17 Interrogatories to Plaintiff, Set Two. Further, good cause exists for monetary sanctions of , which are Defendants’ reasonable expenses, including attorney’s fees, incurred by Defendants’ as a result of Plaintiff's misuse of the discovery process. There is no reason why Plaintiffs failure to serve proper, code complaint verified responses should be excused. Furthermore, admission of the requests will serve the interests of justice and judicial economy, as the matters deemed admitted are dispositive of Plaintiff's theories of liability and alleged damages. This motion to compel is based upon this Notice of Motion and Motion, the Memorandum of Points and authorities, the Declaration of Gregory H. McCormick, and upon such further oral and documentary evidence as is presented at the hearing of this matter. No separate statement is included because Plaintiff has failed to provide responses. See, California Rules of Court, Rule 2 DEFENDANTS’ NOTICE OF MOTION FOR ORDER DEEMING ADMITTED No. 18CECG00286 TRUTH OF FACTS AND REQUEST FOR MONETARY SANCTIONS 1}) 3.1345. 2\| DATED: October 27, 2020 BURNHAM BROWN 3 4 — A oe THOMAS D. DOWNEY GREGORY H. MCCORMICK EMILY G. GENGE Attomeys for Defendants OLD ENGLISH RANCHO, a Partnership; JUDITH JOHNSTON, individually and as a partner of OLD ENGLISH RANCHO; MARY HILVERS, individually and as a partner of OLD ENGLISH RANCHO; PETER HILVERS, individually and as a partner of OLD ENGLISH RANCHO 4813-4522-5422, v. 1 I 11 14 16 17 3 DEFENDANTS’ NOTICE OF MOTION FOR ORDER DEEMING ADMITTED No. 18CECG00286 TRUTH OF FACTS AND REQUEST FOR MONETARY SANCTIONS