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I DAVID R. GRIFFITH, ESQ (SBN t70172)
JAMESON E.p. SHEEHAN, ESQ. (SBN 327287)
2 GzuFFITH HORN & SHEEHAN, LLP
1530 Humboldt Road, Suite 3 3/5/2021
J Chico, Califomia 95928
Telephone: (530) I 12-l 000
4 Facsimile: (530) 809-l 093
Email : david@davidgriffithlawcom
5 j ameson@ gri ffrthandhorn "com
6 Attorneys for Plaintiff,
BERTON N. BERTAGNA
7
I THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF BUTTE
10 BERTON N. BERTAGNA; ) Case No.: 20CV00531
WADE R. PORTER; )
ll JEREMY M. FUNK; ) NOTICE OF MOTION AND COMBINED:
SEBASTIAN TAMARELLE; )
t2 B. SCOTT HOOD; ) 1) MOTTON TO COMPEL COMPLTANCE
ROGER HEYM and ROSANNE HEYM; ) wrTH RESPONSE TO REQUEST FOR
13 ) INSPECTION AND COPYING OF
Plaintiffs, ) DOCUMENTS, SET ONE AND SET TWO
t4 )
V ) 2) MOTION TO COMPEL FURTHER
l5 ) RESPONSES TO REQUESTS FOR
DEL REAL INTERNATIONAL, INC., ) INSPECTION AND COPYING OF
16 a California corporation, ) DOCUMENTS SET ONE AND TWOO AND
dba DEL REAL COMPANY; ) FORM INTERROGATORIES, SET ONE
t7 M. MAX DEL REAL, )
aka MATTHEW B. DEL REAL, ) 3) MOTTON TO COMPEL RESPONSES
18 aka MATTHEW DEL REAL, ) TO REQUESTS FOR INSPECTION AND
aka MATTHEW M. DEL REAL, ) COPYING OF DOCUMENTSO SET THREE
I9 aka MAX DEL REAL; )
AMMERICANN DEVELOPMENT, LLC, ) Sunnortins Documents:
20 a Califomia Limited Liability Company; ) 1. Memorandum of Points and Authorities
AMMEzuCANN HOLDINGS I, LLC, ) 2.Declaration of Jameson E.P. Sheehan
2t a California Limited Liability Company; ) 3. Separate Statement
BRIAN PRITCHARD; )
22 NORMAN P. MARSHALL; ) Hearing Date: April T ,2021
DOES I through 50, inclusive, ) Time: 9:00 A.M.
ZJ ) Dept.: 1
) Judge: Hon. Tamara L. Mosbarger
24 AND RELATED CROSS-ACTION. )
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Notice of Motion and Combined Motion to Compel Complianceo Further Responses, and Responses I
I To DEFENDANT M. MAX DEL REAL and to his attorney of record:
2 NOTICE IS HEREBY GIVEN that on April 7 ,2021, at 9:00 4.M., or as soon thereafter as the
J matter may be heard, in Dept. 1 of this Court, located at 1775 Concord Avenue, Chico, CA g5g2g,
4 Plaintiff BERTON N. BERTAGNA will, and hereby does, move for an order compelling Defendant M.
5 MAX DEL REAL's compliance with responses to Requests for Inspection and Copying of Documents,
6 Set One, RequestNos. 1, 2,5,6,7,4I,48,49,50,74,75,78,79,82,83,96, 87,9I,92,gS,and,96;and.
7 Requests for Inspection and Copying of Documents, Set Two, Request Nos. 101 and 102. Plaintiff
8 BERTON N. BERTAGNA will fuither move this Court for an order requiring Defendant M. MAX DEL
9 REAL, and his attorney, Stephen L.Ramazzini, Esq., to pay a monetary sanction in the amount of
10 52,833.70 to Plaintiff BERTON N. BERTAGNA.
11 This motion will be made on the ground that Defendant M. MAX DEL REAL has failed to
T2 permit inspection and/or copying in accordance with the statement of compliance by him on December
t3 31,2020. Plaintiff BERTON N. BERTAGNA has attempted in good-faith to informally resolve the
l4 issues presented in this motion.
15 NOTICE IS FURTHER GIVEN that on April7,2021, at 9:00 4.M., or as soon thereafter as the
I6 matter may be heard, in Dept. 1 of this Court, located at 1775 Concord Avenue, Chico, CA g5g2g,
T7 Plaintiff BERTON N. BERTAGNA will, and hereby does, move for an order compelling further
18 responses from Defendant M. MAX DEL REAL to Requests for Inspection and Copying of Documents,
t9 Set One, Request Nos. 4, 8, 16, and 17; Requests for Inspection and Copying of Documents, Set Two,
20 Request No. 100; and Form Interrogatories, Set One, Interrogatory No. 15.1. Plaintiff BERTON N.
2T BERTAGNA will further move this Court for an order requiring Defendant M. MAX DEL REAL, and
22 his attomey, Stephen L.Ramazzini, Esq., to pay a monetary sanction in the amount of $2,833.70 to
23 Plaintiff BERTON N. BERTAGNA.
24 This motion will be made on the grounds that Defendant M. MAX DEL REAL objected to the
25 demand based on a claim of Attorney-Client privilege to Request No. 4 and on the claim of Financial
26 Privacy to Request Nos. 8, 16, and 17 without providing a privilege log as required by Cal. Civ. Proc.
27 Code $203I.240, and applicable case law. The motion will further be made on the grounds that M.
28 MAX DEL REAL's response to Request No. 100 is evasive and nonresponsive as referencing requests
Notice of Motion and Combined Motion to Compel Compliance, Further Responses, and Responses ,
I for admissions when the request for production related to Form Interrogatory, Set One, Interrogatory
2 No. 15.1 having to do with Defendant's asserted defenses and material facts in support. The motion will
J further be made on the grounds that M. MAX DEL REAL's response to Form Interrogatories, Set One,
4 Interrogatory No. 15.1, is evasive and nonresponsive as referencing requests for admissions when the
5 interrogatory deals with Defendant's asserted defenses and material facts in support. Further, Defendant
6 M. MAX DEL REAL failed to provide the required specification of documents under Section 2030230
7 of the Code of Civil Procedure.
8 There is good cause for the discovery sought in that the documents for Request 4 relates to
9 communications between Defendant M. MAX DEL REAL and the attorney for NORMAN
10 MARSHALL herein, Stephen H. Johansen, for which Defendant objects on the basis of attorney-client
l1 privilege. Request Nos. 8, 16, and 17 relate to the bank records of DEL REAL INTERNATIONAL
t2 INC., communications between DEL REAL INTERNATIONAL, INC., and its investors, and any
l3 writings showing payments from DEL REAL INTERNATIONAL, INC., to Defendant M. MAX DEL
t4 REAL. Plaintiff alleges the complaint alleges that Defendant M. MAX DEL REAL is the alter ego of his
l5 various affiliate entitles, that Defendant misappropriated the investor plaintiffs' money, and failed to
I6 account for such sums. This discovery is necessary for Plaintiffs to discovery whether such misuse took
t7 place by Defendant M. MAX DEL REAL. Defendant asserts the privileges of attomey-client privilege
18 and financial privacy without providing any privilege log or explanation of the nature of responsive
t9 documents covered by the privileges. Request No. 100 relates to documents identified in Defendant's
20 response to Form Interrogatory, 15.1., having to do with Defendant's defenses asserted in his answer
2l and any material facts related thereto. Plaintiff BERTON N. BERTAGNA has attempted in good-faith to
22 informally resolve the issues presented in this motion.
23 NOTICE IS FURTHER GIVEN that on April7,202l, at 9:00 A.M., or as soon thereafter as the
24 matter may be heard, in Dept. 1 of this Court, located at I775 Concord Avenue, Chico, CA95928,
25 Plaintiff BERTON N. BERTAGNA will, and hereby does, move for an order compelling responses
26 from Defendant M. MAX DEL REAL to Requests for Inspection and Copying of Documents, Set Three,
27 Request Nos. 105 and 106. Plaintiff BERTON N. BERTAGNA will further move this Court for an order
28
Notice of Motion and Combined Motion to Compel Compliance, Further Responseso and Responses 3
I requiring Defendant M. MAX DEL REAL, and his attorney, Stephen L.Ramazzini, Esq., to pay a
2 monetary sanction in the amount of $2,833.70 to Plaintiff BERTON N. BERTAGNA.
a
J This motion will be made on the grounds that Defendant M. MAX DEL REAL has failed to
4 timely respond to the inspection demand of Plaintiff BERTON N. BERTAGNA. Plaintiff BERTON N.
5 BERTAGNA has attempted in good-faith to informally resolve the issues presented in this motion.
6 These motions will be based upon this notice of motion, the Requests for Inspection and Copying
7 of Documents, Sets One, Two, and Three, the Form Interrogatories, Set One, the supporting Declaration
8 of Jameson E.P. Sheehan, Esq., the supporting Memorandum of Points and Authorities, the supporting
9 Separate Statement, on the papers and records on file herein, and the opposition, reply, and oral
10 argument, ifany.
l1 Respectfully Submitted,
l2 GRIFFITH H &S
f
13 DATED: March ) _,2021 By
R. GRIFFITH
I4 N E.P. SHEEHAN
Attorneys for Plaintiff,
15 BERTON N. BERTAGNA
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Notice of Motion and Combined Motion to Compel Compliance, Further Responses, and Responses 4
1 PROOF OF SERVICE
2 I am employed in the County of Butte, State of California, I am over the age of 18 years and not
aparty to the within action; my business address is 1530 Humboldt Road, Suite 3, Chico, California
J 95928. On this date, I served the foregoing document described as:
4 NOTICE OF MOTION AND COMBINED:
5 1) MOTION TO COMPEL COMPLTANCE \ryITH RESPONSE TO REQUEST FOR
INSPECTION AND COPYING OF DOCUMENTS, SET ONE AND SET TWO
6
2) MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR INSPECTION AND
7 COPYING OF DOCUMENTS, SET ONE AND T\ryO AND FORM INTERROGATORIES, SET
ONE
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3) MOTION TO COMPEL RESPONSES TO REQUESTS FOR INSPECTION AND COPYING
9 OF DOCUMENTS, SET THREE
10 Said document was served on the interested parly or parties in this action by placing a true copy
thereof, enclosed in a sealed envelope, and addressed as noted below.
11
Stephen H. Johanson, Esq. Stephen L. Ramazzini, Esq.
T2 Johanson & Associates 2656 Guynn Avenue
2020 W. El Camino Avenue, Suite 1 15 Chico, CA95973
l3 Sacramento, CA 95833 Email : slramazzini@gmail.com
Telephone: (91 6) 567-1 000 fCounsel for M. Max Del Real]
14 Facsimile: (916) 649 -1373
E mail : sjohanson@j ohanson-assoc.com
15 [Counsel for Norman P. Marshalll
16 I am familiar with our firm's practice of collection and processing correspondence for mailing.
Under that practice it would be deposited with the U.S. Postal Service on that same day with postage
t7 thereon fully prepaid at Chico, California in the ordinary course of business. I am aware that õn motion
of the party served, service is presumed invalid ifthe postal cancellation date or postage meter date is
18 more than one working day after the date of deposit for mailing in this declaration.
19 (By Mail) I deposited such envelope in the mail at Chico, California. The envelope was mailed
with postage thereon fully prepaid to the person(s) at the address(es) set forth above.
20
(By Facsimile) I sent this document via facsimile, number(s) as listed above.
2l
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_x_ (By Electronic Mail) Such document was delivered by electronic mail to the person(s) at the
address(es) set forth above, with either 1) prior consent, or 2) pursuant to Cal. Civ. Proc. Code
$ 1010.6(e).
23
I declare under penalty of perjury under the laws of the State of California that the above is true
24 and correct. I further declare that I made the service set forth herein on the date set forth below.
25 Executed on March ç , 202l,at Chico, California.
26 By
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Notice of Motion and Combined Motion to Compel Compliance, Further Responseso and Responses 5
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I DAVID R. GRIFFITH, ESQ (SBN t70172) JAMESON E.p. SHEEHAN, ESQ. (SBN 327287) 2 GzuFFITH HORN & SHEEHAN, LLP 1530 Humboldt Road, Suite 3 3/5/2021 J Chico, Califomia 95928 Telephone: (530) I 12-l 000 4 Facsimile: (530) 809-l 093 Email : david@davidgriffithlawcom 5 j ameson@ gri ffrthandhorn "com 6 Attorneys for Plaintiff, BERTON N. BERTAGNA 7 I THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF BUTTE 10 BERTON N. BERTAGNA; ) Case No.: 20CV00531 WADE R. PORTER; ) ll JEREMY M. FUNK; ) NOTICE OF MOTION AND COMBINED: SEBASTIAN TAMARELLE; ) t2 B. SCOTT HOOD; ) 1) MOTTON TO COMPEL COMPLTANCE ROGER HEYM and ROSANNE HEYM; ) wrTH RESPONSE TO REQUEST FOR 13 ) INSPECTION AND COPYING OF Plaintiffs, ) DOCUMENTS, SET ONE AND SET TWO t4 ) V ) 2) MOTION TO COMPEL FURTHER l5 ) RESPONSES TO REQUESTS FOR DEL REAL INTERNATIONAL, INC., ) INSPECTION AND COPYING OF 16 a California corporation, ) DOCUMENTS SET ONE AND TWOO AND dba DEL REAL COMPANY; ) FORM INTERROGATORIES, SET ONE t7 M. MAX DEL REAL, ) aka MATTHEW B. DEL REAL, ) 3) MOTTON TO COMPEL RESPONSES 18 aka MATTHEW DEL REAL, ) TO REQUESTS FOR INSPECTION AND aka MATTHEW M. DEL REAL, ) COPYING OF DOCUMENTSO SET THREE I9 aka MAX DEL REAL; ) AMMERICANN DEVELOPMENT, LLC, ) Sunnortins Documents: 20 a Califomia Limited Liability Company; ) 1. Memorandum of Points and Authorities AMMEzuCANN HOLDINGS I, LLC, ) 2.Declaration of Jameson E.P. Sheehan 2t a California Limited Liability Company; ) 3. Separate Statement BRIAN PRITCHARD; ) 22 NORMAN P. MARSHALL; ) Hearing Date: April T ,2021 DOES I through 50, inclusive, ) Time: 9:00 A.M. ZJ ) Dept.: 1 ) Judge: Hon. Tamara L. Mosbarger 24 AND RELATED CROSS-ACTION. ) ) 25 26 27 28 Notice of Motion and Combined Motion to Compel Complianceo Further Responses, and Responses I I To DEFENDANT M. MAX DEL REAL and to his attorney of record: 2 NOTICE IS HEREBY GIVEN that on April 7 ,2021, at 9:00 4.M., or as soon thereafter as the J matter may be heard, in Dept. 1 of this Court, located at 1775 Concord Avenue, Chico, CA g5g2g, 4 Plaintiff BERTON N. BERTAGNA will, and hereby does, move for an order compelling Defendant M. 5 MAX DEL REAL's compliance with responses to Requests for Inspection and Copying of Documents, 6 Set One, RequestNos. 1, 2,5,6,7,4I,48,49,50,74,75,78,79,82,83,96, 87,9I,92,gS,and,96;and. 7 Requests for Inspection and Copying of Documents, Set Two, Request Nos. 101 and 102. Plaintiff 8 BERTON N. BERTAGNA will fuither move this Court for an order requiring Defendant M. MAX DEL 9 REAL, and his attorney, Stephen L.Ramazzini, Esq., to pay a monetary sanction in the amount of 10 52,833.70 to Plaintiff BERTON N. BERTAGNA. 11 This motion will be made on the ground that Defendant M. MAX DEL REAL has failed to T2 permit inspection and/or copying in accordance with the statement of compliance by him on December t3 31,2020. Plaintiff BERTON N. BERTAGNA has attempted in good-faith to informally resolve the l4 issues presented in this motion. 15 NOTICE IS FURTHER GIVEN that on April7,2021, at 9:00 4.M., or as soon thereafter as the I6 matter may be heard, in Dept. 1 of this Court, located at 1775 Concord Avenue, Chico, CA g5g2g, T7 Plaintiff BERTON N. BERTAGNA will, and hereby does, move for an order compelling further 18 responses from Defendant M. MAX DEL REAL to Requests for Inspection and Copying of Documents, t9 Set One, Request Nos. 4, 8, 16, and 17; Requests for Inspection and Copying of Documents, Set Two, 20 Request No. 100; and Form Interrogatories, Set One, Interrogatory No. 15.1. Plaintiff BERTON N. 2T BERTAGNA will further move this Court for an order requiring Defendant M. MAX DEL REAL, and 22 his attomey, Stephen L.Ramazzini, Esq., to pay a monetary sanction in the amount of $2,833.70 to 23 Plaintiff BERTON N. BERTAGNA. 24 This motion will be made on the grounds that Defendant M. MAX DEL REAL objected to the 25 demand based on a claim of Attorney-Client privilege to Request No. 4 and on the claim of Financial 26 Privacy to Request Nos. 8, 16, and 17 without providing a privilege log as required by Cal. Civ. Proc. 27 Code $203I.240, and applicable case law. The motion will further be made on the grounds that M. 28 MAX DEL REAL's response to Request No. 100 is evasive and nonresponsive as referencing requests Notice of Motion and Combined Motion to Compel Compliance, Further Responses, and Responses , I for admissions when the request for production related to Form Interrogatory, Set One, Interrogatory 2 No. 15.1 having to do with Defendant's asserted defenses and material facts in support. The motion will J further be made on the grounds that M. MAX DEL REAL's response to Form Interrogatories, Set One, 4 Interrogatory No. 15.1, is evasive and nonresponsive as referencing requests for admissions when the 5 interrogatory deals with Defendant's asserted defenses and material facts in support. Further, Defendant 6 M. MAX DEL REAL failed to provide the required specification of documents under Section 2030230 7 of the Code of Civil Procedure. 8 There is good cause for the discovery sought in that the documents for Request 4 relates to 9 communications between Defendant M. MAX DEL REAL and the attorney for NORMAN 10 MARSHALL herein, Stephen H. Johansen, for which Defendant objects on the basis of attorney-client l1 privilege. Request Nos. 8, 16, and 17 relate to the bank records of DEL REAL INTERNATIONAL t2 INC., communications between DEL REAL INTERNATIONAL, INC., and its investors, and any l3 writings showing payments from DEL REAL INTERNATIONAL, INC., to Defendant M. MAX DEL t4 REAL. Plaintiff alleges the complaint alleges that Defendant M. MAX DEL REAL is the alter ego of his l5 various affiliate entitles, that Defendant misappropriated the investor plaintiffs' money, and failed to I6 account for such sums. This discovery is necessary for Plaintiffs to discovery whether such misuse took t7 place by Defendant M. MAX DEL REAL. Defendant asserts the privileges of attomey-client privilege 18 and financial privacy without providing any privilege log or explanation of the nature of responsive t9 documents covered by the privileges. Request No. 100 relates to documents identified in Defendant's 20 response to Form Interrogatory, 15.1., having to do with Defendant's defenses asserted in his answer 2l and any material facts related thereto. Plaintiff BERTON N. BERTAGNA has attempted in good-faith to 22 informally resolve the issues presented in this motion. 23 NOTICE IS FURTHER GIVEN that on April7,202l, at 9:00 A.M., or as soon thereafter as the 24 matter may be heard, in Dept. 1 of this Court, located at I775 Concord Avenue, Chico, CA95928, 25 Plaintiff BERTON N. BERTAGNA will, and hereby does, move for an order compelling responses 26 from Defendant M. MAX DEL REAL to Requests for Inspection and Copying of Documents, Set Three, 27 Request Nos. 105 and 106. Plaintiff BERTON N. BERTAGNA will further move this Court for an order 28 Notice of Motion and Combined Motion to Compel Compliance, Further Responseso and Responses 3 I requiring Defendant M. MAX DEL REAL, and his attorney, Stephen L.Ramazzini, Esq., to pay a 2 monetary sanction in the amount of $2,833.70 to Plaintiff BERTON N. BERTAGNA. a J This motion will be made on the grounds that Defendant M. MAX DEL REAL has failed to 4 timely respond to the inspection demand of Plaintiff BERTON N. BERTAGNA. Plaintiff BERTON N. 5 BERTAGNA has attempted in good-faith to informally resolve the issues presented in this motion. 6 These motions will be based upon this notice of motion, the Requests for Inspection and Copying 7 of Documents, Sets One, Two, and Three, the Form Interrogatories, Set One, the supporting Declaration 8 of Jameson E.P. Sheehan, Esq., the supporting Memorandum of Points and Authorities, the supporting 9 Separate Statement, on the papers and records on file herein, and the opposition, reply, and oral 10 argument, ifany. l1 Respectfully Submitted, l2 GRIFFITH H &S f 13 DATED: March ) _,2021 By R. GRIFFITH I4 N E.P. SHEEHAN Attorneys for Plaintiff, 15 BERTON N. BERTAGNA t6 l7 18 t9 20 2t 22 /.3 24 25 26 27 28 Notice of Motion and Combined Motion to Compel Compliance, Further Responses, and Responses 4 1 PROOF OF SERVICE 2 I am employed in the County of Butte, State of California, I am over the age of 18 years and not aparty to the within action; my business address is 1530 Humboldt Road, Suite 3, Chico, California J 95928. On this date, I served the foregoing document described as: 4 NOTICE OF MOTION AND COMBINED: 5 1) MOTION TO COMPEL COMPLTANCE \ryITH RESPONSE TO REQUEST FOR INSPECTION AND COPYING OF DOCUMENTS, SET ONE AND SET TWO 6 2) MOTION TO COMPEL FURTHER RESPONSES TO REQUESTS FOR INSPECTION AND 7 COPYING OF DOCUMENTS, SET ONE AND T\ryO AND FORM INTERROGATORIES, SET ONE I 3) MOTION TO COMPEL RESPONSES TO REQUESTS FOR INSPECTION AND COPYING 9 OF DOCUMENTS, SET THREE 10 Said document was served on the interested parly or parties in this action by placing a true copy thereof, enclosed in a sealed envelope, and addressed as noted below. 11 Stephen H. Johanson, Esq. Stephen L. Ramazzini, Esq. T2 Johanson & Associates 2656 Guynn Avenue 2020 W. El Camino Avenue, Suite 1 15 Chico, CA95973 l3 Sacramento, CA 95833 Email : slramazzini@gmail.com Telephone: (91 6) 567-1 000 fCounsel for M. Max Del Real] 14 Facsimile: (916) 649 -1373 E mail : sjohanson@j ohanson-assoc.com 15 [Counsel for Norman P. Marshalll 16 I am familiar with our firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage t7 thereon fully prepaid at Chico, California in the ordinary course of business. I am aware that õn motion of the party served, service is presumed invalid ifthe postal cancellation date or postage meter date is 18 more than one working day after the date of deposit for mailing in this declaration. 19 (By Mail) I deposited such envelope in the mail at Chico, California. The envelope was mailed with postage thereon fully prepaid to the person(s) at the address(es) set forth above. 20 (By Facsimile) I sent this document via facsimile, number(s) as listed above. 2l 22 _x_ (By Electronic Mail) Such document was delivered by electronic mail to the person(s) at the address(es) set forth above, with either 1) prior consent, or 2) pursuant to Cal. Civ. Proc. Code $ 1010.6(e). 23 I declare under penalty of perjury under the laws of the State of California that the above is true 24 and correct. I further declare that I made the service set forth herein on the date set forth below. 25 Executed on March ç , 202l,at Chico, California. 26 By 27 28 Notice of Motion and Combined Motion to Compel Compliance, Further Responseso and Responses 5