Preview
1 MICHAEL S. DANKO (SBN 111359)
mdanko@dankolaw.com
2 KRISTINE K. MEREDITH (SBN 158243)
kmeredith@dankolaw.com 12/22/2020
3 DANKO MEREDITH
333 Twin Dolphin Drive, Suite 145
4 Redwood Shores, CA 94065
Telephone: (650) 453-3600
5 Facsimile: (650) 394-8672
6 Attorneys for Plaintiffs
SERRA FALK GOLDMAN and GEORGE G.
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SAN MATEO
10 UNLIMITED CIVIL JURISDICTION
11 VALERIA ANSELMI, Lead Case No. 18-CIV-03641
12 Plaintiff, C/W Case No. 19-CIV-03871
13 vs.
14 ESTATE OF WILLIAM GOLDMAN, deceased,
et al,
15 Defendants
16
DECLARATION OF AIMINH NGUYEN IN
17 DDLV, LLC, SUPPORT OF PLAINTIFF’S OPPOSITION
TO CONTINENTAL AEROSPACE
18 Cross-Complainant, TECHNOLOGIES, INC.’S MOTION TO
vs. COMPEL PLAINTIFF SERRA FALK
19 GOLDMAN TO FURTHER RESPOND TO
MATTITUCK SERVICES, INC., et al. ITS SPECIAL INTERROGATORIES, FORM
20 INTERROGATORIES, AND REQUESTS
Cross-Defendants. FOR PRODUCTION OF DOCUMENTS.
21
Complaint filed: July 5, 2019
22 Trial Date: September 21, 2020
23 Hearing Date: January 6, 2021
SERRA FALK GOLDMAN, et al. Hearing Time: 2:00 P.M.
24 Department: 2
Plaintiffs,
25
vs.
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MATTITUCK SERVICES, INC, et al
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Defendants
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DECLARATION OF AIMINH NGUYEN IN OPPOSITION OF DEFENDANT CONTINENTAL
AEROSPACE TECHNOLOGIES, INC.’S MOTION TO COMPEL FURTHER DISCOVERY RESPONSES.
1 I, AiMinh Nguyen, declare:
2 1. I am an attorney at law duly admitted to practice before all the courts of the State of
3 California and an attorney with Danko Meredith the attorneys herein for plaintiffs. If called, I could
4 and would testify from my personal knowledge under penalty of perjury.
5 2. On July 15, 2020, Defendant Continental Motors, Inc. served Special Interrogatories,
6 Set One; Form Interrogatories, Set One; and Requests for Production of Documents, Set One, to
7 Plaintiff Serra Falk Goldman.
8 3. On August 18, 2020, Plaintiff Serra Falk Goldman timely served verified responses to
9 Continental’s
10 4. On October 12, 2020, counsel for Continental sent a meet and confer letter and requested
11 further responses within five (5) days.
12 5. On October 16, 2020, I sent an email to counsel for Continental to request a two-week
13 time extension to respond as Plaintiff has been identifying additional documents to be produced.
14 6. On October 19, 2020, counsel for Continental responded and agreed to the two-week
15 extension.
16 7. On October 30, 2020, I sent an email to counsel for Continental to advise that Plaintiff’s
17 responses will be delayed. A true and correct copy of the email thread is attached hereto as Exhibit A.
18 8. On November 16, 2020, Continental filed this motion to compel.
19 9. On November 18, 2020, this Court issued its tentative ruling denying Plaintiff’s Motion
20 to Compel Further Responses to Continental without prejudice for failure to hold an Informal
21 Discovery Conference as required by Emergency Local Rule 3-103 and COVID 19 Emergency Order
22 Regarding Discovery Conferences in the Law and Motion Department filed May 1, 2020, Rule 7.
23 10. Plaintiff immediately sent an email to this Court’s Law and Motion Department to
24 request an Informal Discovery Conference as required. Based upon this Court’s email response of
25 November 19, 2020, Plaintiff anticipates that this motion would also be denied and that an Informal
26 Discovery Conference will need to be scheduled after assignment of a judge.
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DECLARATION OF AIMINH NGUYEN IN OPPOSITION OF DEFENDANT CONTINENTAL
AEROSPACE TECHNOLOGIES, INC.’S MOTION TO COMPEL FURTHER DISCOVERY RESPONSES.
1 11. On the same day, counsel for Continental sent an email to the Law and Motion
2 Department requesting an Informal Discovery Conference regarding discovery responses from
3 Plaintiff. As of today, the conference has not been scheduled by the Court. On December 11, 2020,
4 Plaintiff served verified Second Amended Responses to Continental’s Special Interrogatories, Set
5 One; Form Interrogatories, Set One; and Requests for Production of Documents, Set One and
6 Document Production Bates Nos. Goldman-000416-000896. Continental has, however, not
7 acknowledged these amended responses.
8 12. On December 14, 2020 Plaintiff received the Clerk’s Notice of Hearing of this motion
9 to compel on January 6, 2021.
10 I declare under penalty of perjury under the laws of the State of California that the foregoing
11 is true and correct. Executed on December 22, 2020 at Redwood Shores, California.
12
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__________________________________
14 AiMinh Nguyen
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DECLARATION OF AIMINH NGUYEN IN OPPOSITION OF DEFENDANT CONTINENTAL
AEROSPACE TECHNOLOGIES, INC.’S MOTION TO COMPEL FURTHER DISCOVERY RESPONSES.
Exhibit A
From: AiMinh Nguyen
Sent: Friday, October 30, 2020 4:38 PM
To: Mark B. Roberts
Subject: RE: Goldman v. Mattituck et al.; Plaintiffs' Amended Discovery Responses
Hi Mark,
Unfortunately, our client has not gotten back to us. I apologize for the delay.
AiMinh
From: Mark B. Roberts
Sent: Wednesday, October 21, 2020 11:01 AM
To: AiMinh Nguyen
Subject: RE: Goldman v. Mattituck et al.; Plaintiffs' Amended Discovery Responses
Our office has no record of receiving those verifications by mail - though, on October 2, we did receive verifications for
Plaintiffs’ responses to discovery propounded by DDLV.
I can confirm that we received the email from your office yesterday afternoon attaching electronic copies of the
verifications for Plaintiffs’ amended responses to Continental’s discovery requests, dated September 29.
Mark
From: AiMinh Nguyen [mailto:anguyen@dankolaw.com]
Sent: Tuesday, October 20, 2020 6:54 PM
To: Mark B. Roberts
Subject: [External E-mail] RE: Goldman v. Mattituck et al.; Plaintiffs' Amended Discovery Responses
Hi Mark,
The verifications were mailed to you on September 29th. I had them emailed to you again today.
AiMinh
From: Mark B. Roberts
Sent: Tuesday, October 20, 2020 1:35 PM
To: AiMinh Nguyen
Subject: RE: Goldman v. Mattituck et al.; Plaintiffs' Amended Discovery Responses
Ms. Nguyen:
I received your voicemail from yesterday afternoon. As referenced below, I have authority to extend the deadline for
Plaintiffs’ responses to Friday, October 30. Continental never received verifications for Plaintiffs’ discovery responses
dated September 28, 2020, and the deadline for Continental’s motion to compel has not yet began to run.
Thank you,
1
Mark
From: Mark B. Roberts
Sent: Monday, October 19, 2020 10:42 AM
To: 'AiMinh Nguyen'
Cc: Miranda Gordon; Fusi Hokafonu; skinner@skinnerlawgroup.com; martinez@skinnerlawgroup.com; Sherri R. Ginger
Subject: RE: Goldman v. Mattituck et al.; Plaintiffs' Amended Discovery Responses
Continental agrees to a two week extension for Plaintiffs to provide further amended discovery responses, making them
due on or before October 30, 2020. This is contingent upon Plaintiffs’ agreement to a two week extension of the
deadline for any motion to compel related to Plaintiffs’ responses. Please confirm that Plaintiffs wish to proceed in this
manner.
Thank you,
Mark
From: AiMinh Nguyen [mailto:anguyen@dankolaw.com]
Sent: Friday, October 16, 2020 6:56 PM
To: Mark B. Roberts
Cc: Miranda Gordon; Fusi Hokafonu; skinner@skinnerlawgroup.com; martinez@skinnerlawgroup.com; Sherri R. Ginger
Subject: [External E-mail] Goldman v. Mattituck et al.; Plaintiffs' Amended Discovery Responses
Dear Counsel:
We are in receipt of your meet and confer letter dated October 12, 2020 regarding Plaintiff Serra Falk
Goldman’s Amended Response to Continental’s Form Interrogatories, Special Interrogatories and Request for
Production of Documents (Set One). We would like to request a two (2) weeks extension to respond. We are
working with the client to identify additional responsive documents. Of course, we would also agree to extend
your time to bring a motion to compel by two (2) weeks. We believe this is reasonable in view of the recent
filing of Cirrus Design Corporation’s Motion to Transfer Venue, which stays all proceedings in this case until
that motion is resolved.
Please feel free to contact me if you would like to discuss this matter.
AiMinh Nguyen
.
.
2
Preview
1 MICHAEL S. DANKO (SBN 111359) mdanko@dankolaw.com 2 KRISTINE K. MEREDITH (SBN 158243) kmeredith@dankolaw.com 12/22/2020 3 DANKO MEREDITH 333 Twin Dolphin Drive, Suite 145 4 Redwood Shores, CA 94065 Telephone: (650) 453-3600 5 Facsimile: (650) 394-8672 6 Attorneys for Plaintiffs SERRA FALK GOLDMAN and GEORGE G. 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN MATEO 10 UNLIMITED CIVIL JURISDICTION 11 VALERIA ANSELMI, Lead Case No. 18-CIV-03641 12 Plaintiff, C/W Case No. 19-CIV-03871 13 vs. 14 ESTATE OF WILLIAM GOLDMAN, deceased, et al, 15 Defendants 16 DECLARATION OF AIMINH NGUYEN IN 17 DDLV, LLC, SUPPORT OF PLAINTIFF’S OPPOSITION TO CONTINENTAL AEROSPACE 18 Cross-Complainant, TECHNOLOGIES, INC.’S MOTION TO vs. COMPEL PLAINTIFF SERRA FALK 19 GOLDMAN TO FURTHER RESPOND TO MATTITUCK SERVICES, INC., et al. ITS SPECIAL INTERROGATORIES, FORM 20 INTERROGATORIES, AND REQUESTS Cross-Defendants. FOR PRODUCTION OF DOCUMENTS. 21 Complaint filed: July 5, 2019 22 Trial Date: September 21, 2020 23 Hearing Date: January 6, 2021 SERRA FALK GOLDMAN, et al. Hearing Time: 2:00 P.M. 24 Department: 2 Plaintiffs, 25 vs. 26 MATTITUCK SERVICES, INC, et al 27 Defendants 28 1 DECLARATION OF AIMINH NGUYEN IN OPPOSITION OF DEFENDANT CONTINENTAL AEROSPACE TECHNOLOGIES, INC.’S MOTION TO COMPEL FURTHER DISCOVERY RESPONSES. 1 I, AiMinh Nguyen, declare: 2 1. I am an attorney at law duly admitted to practice before all the courts of the State of 3 California and an attorney with Danko Meredith the attorneys herein for plaintiffs. If called, I could 4 and would testify from my personal knowledge under penalty of perjury. 5 2. On July 15, 2020, Defendant Continental Motors, Inc. served Special Interrogatories, 6 Set One; Form Interrogatories, Set One; and Requests for Production of Documents, Set One, to 7 Plaintiff Serra Falk Goldman. 8 3. On August 18, 2020, Plaintiff Serra Falk Goldman timely served verified responses to 9 Continental’s 10 4. On October 12, 2020, counsel for Continental sent a meet and confer letter and requested 11 further responses within five (5) days. 12 5. On October 16, 2020, I sent an email to counsel for Continental to request a two-week 13 time extension to respond as Plaintiff has been identifying additional documents to be produced. 14 6. On October 19, 2020, counsel for Continental responded and agreed to the two-week 15 extension. 16 7. On October 30, 2020, I sent an email to counsel for Continental to advise that Plaintiff’s 17 responses will be delayed. A true and correct copy of the email thread is attached hereto as Exhibit A. 18 8. On November 16, 2020, Continental filed this motion to compel. 19 9. On November 18, 2020, this Court issued its tentative ruling denying Plaintiff’s Motion 20 to Compel Further Responses to Continental without prejudice for failure to hold an Informal 21 Discovery Conference as required by Emergency Local Rule 3-103 and COVID 19 Emergency Order 22 Regarding Discovery Conferences in the Law and Motion Department filed May 1, 2020, Rule 7. 23 10. Plaintiff immediately sent an email to this Court’s Law and Motion Department to 24 request an Informal Discovery Conference as required. Based upon this Court’s email response of 25 November 19, 2020, Plaintiff anticipates that this motion would also be denied and that an Informal 26 Discovery Conference will need to be scheduled after assignment of a judge. 27 28 2 DECLARATION OF AIMINH NGUYEN IN OPPOSITION OF DEFENDANT CONTINENTAL AEROSPACE TECHNOLOGIES, INC.’S MOTION TO COMPEL FURTHER DISCOVERY RESPONSES. 1 11. On the same day, counsel for Continental sent an email to the Law and Motion 2 Department requesting an Informal Discovery Conference regarding discovery responses from 3 Plaintiff. As of today, the conference has not been scheduled by the Court. On December 11, 2020, 4 Plaintiff served verified Second Amended Responses to Continental’s Special Interrogatories, Set 5 One; Form Interrogatories, Set One; and Requests for Production of Documents, Set One and 6 Document Production Bates Nos. Goldman-000416-000896. Continental has, however, not 7 acknowledged these amended responses. 8 12. On December 14, 2020 Plaintiff received the Clerk’s Notice of Hearing of this motion 9 to compel on January 6, 2021. 10 I declare under penalty of perjury under the laws of the State of California that the foregoing 11 is true and correct. Executed on December 22, 2020 at Redwood Shores, California. 12 13 __________________________________ 14 AiMinh Nguyen 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DECLARATION OF AIMINH NGUYEN IN OPPOSITION OF DEFENDANT CONTINENTAL AEROSPACE TECHNOLOGIES, INC.’S MOTION TO COMPEL FURTHER DISCOVERY RESPONSES. Exhibit A From: AiMinh Nguyen Sent: Friday, October 30, 2020 4:38 PM To: Mark B. Roberts Subject: RE: Goldman v. Mattituck et al.; Plaintiffs' Amended Discovery Responses Hi Mark, Unfortunately, our client has not gotten back to us. I apologize for the delay. AiMinh From: Mark B. Roberts Sent: Wednesday, October 21, 2020 11:01 AM To: AiMinh Nguyen Subject: RE: Goldman v. Mattituck et al.; Plaintiffs' Amended Discovery Responses Our office has no record of receiving those verifications by mail - though, on October 2, we did receive verifications for Plaintiffs’ responses to discovery propounded by DDLV. I can confirm that we received the email from your office yesterday afternoon attaching electronic copies of the verifications for Plaintiffs’ amended responses to Continental’s discovery requests, dated September 29. Mark From: AiMinh Nguyen [mailto:anguyen@dankolaw.com] Sent: Tuesday, October 20, 2020 6:54 PM To: Mark B. Roberts Subject: [External E-mail] RE: Goldman v. Mattituck et al.; Plaintiffs' Amended Discovery Responses Hi Mark, The verifications were mailed to you on September 29th. I had them emailed to you again today. AiMinh From: Mark B. Roberts Sent: Tuesday, October 20, 2020 1:35 PM To: AiMinh Nguyen Subject: RE: Goldman v. Mattituck et al.; Plaintiffs' Amended Discovery Responses Ms. Nguyen: I received your voicemail from yesterday afternoon. As referenced below, I have authority to extend the deadline for Plaintiffs’ responses to Friday, October 30. Continental never received verifications for Plaintiffs’ discovery responses dated September 28, 2020, and the deadline for Continental’s motion to compel has not yet began to run. Thank you, 1 Mark From: Mark B. Roberts Sent: Monday, October 19, 2020 10:42 AM To: 'AiMinh Nguyen' Cc: Miranda Gordon; Fusi Hokafonu; skinner@skinnerlawgroup.com; martinez@skinnerlawgroup.com; Sherri R. Ginger Subject: RE: Goldman v. Mattituck et al.; Plaintiffs' Amended Discovery Responses Continental agrees to a two week extension for Plaintiffs to provide further amended discovery responses, making them due on or before October 30, 2020. This is contingent upon Plaintiffs’ agreement to a two week extension of the deadline for any motion to compel related to Plaintiffs’ responses. Please confirm that Plaintiffs wish to proceed in this manner. Thank you, Mark From: AiMinh Nguyen [mailto:anguyen@dankolaw.com] Sent: Friday, October 16, 2020 6:56 PM To: Mark B. Roberts Cc: Miranda Gordon; Fusi Hokafonu; skinner@skinnerlawgroup.com; martinez@skinnerlawgroup.com; Sherri R. Ginger Subject: [External E-mail] Goldman v. Mattituck et al.; Plaintiffs' Amended Discovery Responses Dear Counsel: We are in receipt of your meet and confer letter dated October 12, 2020 regarding Plaintiff Serra Falk Goldman’s Amended Response to Continental’s Form Interrogatories, Special Interrogatories and Request for Production of Documents (Set One). We would like to request a two (2) weeks extension to respond. We are working with the client to identify additional responsive documents. Of course, we would also agree to extend your time to bring a motion to compel by two (2) weeks. We believe this is reasonable in view of the recent filing of Cirrus Design Corporation’s Motion to Transfer Venue, which stays all proceedings in this case until that motion is resolved. Please feel free to contact me if you would like to discuss this matter. AiMinh Nguyen . . 2