Preview
ATTDRNEY oR PARTY wITI-ICUT ATTQRNEY IN arne, stale bor number, and addressl: FOR COURT USE ONLY
David J. Frankenberger, 8186140; Brett L. Runyon, 6133501
ERICKSEN ARBUTHNOT Attorneys at Law
2440 West Shaw Ave, Sle 101, Fresno. CA 93711
TELEPHONE NO: t5591 449-2600 449-2603
FAX NO'r 15591 E-FILED
ATTORNEY FOR INomet: Defendants Adolfo Perez Hernandez end J&V Prooertiee 4/1/2021 8:00 AM
SUPERIOR COURT OF CALIFORNIA ~COUNTY OF FRESNO Superior Court of California
Civil Division County of Fresno
1130 0 Street By: J. Nelson, Deputy
Fresno, California 93721-2220
PLAINTIFF/PETITIONER: Johnny bacon, et ol.
DEFENDANT/RESPONDENT: Adoao Pores Hernandez, el al.
CASE NUMBER;
REQUEST FOR PRETRIAL DISCOVERY CONFERENCE 19CECG02733
Plaintiff(s) Y Defendant(s) Q Cross-complainant(s) Cross-defendant(s) Cl Other(s) Request a
Pretrial Discovery Conference.
A Pretrial Discovery Conference is being requested for the following reasons:
A dispute has arisen regarding a request for admission , setfive propounded on
plalntlff
Pv' dispute has arisen regarding form or special interrogatories, set five propounded on plalntlff
0 A dispute has arisen regarding
scheduled for
a deposition subpoena directed at for deposition
Cl A dispute has arisen regarding a deposition notice, production of documents at a deposition or deposition
questions related to the deposition of scheduled for or held on
Q A dispute has arisen regarding monetary, issue, evidence or terminating sanctions related to a failure to
comply with
Q Privilege is the basis for the refusal to produce documents and a privilege log is attached which complies
with Local Rule 2.1,17(B).
The parties have engaged in the following meaningful meet and confer efforts pdlor to filing this request:
(Describe in detail all meet and confer efforts including any narrowing of the issues or resolutions reached via
these efforts.)
Defendant served Plaintiff Johnny Dalton with Form Interrogatories and Requests for Admission, Set Five on
January 14, 2021. Defendant received Plaintiff's unverified responses to this discovery on February 12, 2021.
Since Plaintiff's responses to these form interrogatodies and requests for admission were unverified and consisted
of only objections, Defendant sent a meet and confer letter to Plaintiff's counsel on February 16, 2021, In this
letter, Defendant stated that none of Plaintiff's objections were warranted and requested that Plaintiff serve
amended responses by March 2, 2021. On March 2, 2021, Defendant received a meet and confer letter from
Plaintiff stating, in substance, that the Plaintiff's responses would not be amended. To date, Defendant has not
received substantive responses to these discovery requests.
PCV-70 R05-19 REQUEST FOR PRETRIAL DISCOVERY CONFERENCE Page of 2
I
Mandatorv Local Rule 2.1.17
A brief summary of the dispute, including the facts and legal arguments at issue is as follows.
(Excepting a privilege log if checked above, no pleadings, exhibits, declarations, or attachments shall be
attached.)
Requests for Admission, Set Five ask Plaintiff for admissions or denials regarding any time he was incarcerated in
Fresno County Jail or on probation for various serious affenses during the decedent's lifetime. These offenses
include driving under the influence, felony kidnapping, assault with a deadly weapon, being under the
influence of a controlled substance, domestic violence with children, and possession of drug paraphernalia.
Per the Order After Pretrial Discovery Conference dated January 28, 2021, previous
Plaintiff's objections to
Defendant's subpoenas to the California Department of Corrections regarding Plaintiff's criminal history were
overruled. These subpoenas were deemed valid and relevant in order to evaluate the closeness of Plaintiff's
relationship with his mother and the time they may or may not have spent together while she was alive The
aforementioned form interrogatories and requests for admission serve the same proper discovery purpose as
Defendant's subpoena to the Department of Corrections.
We have information leading us to believe that Plaintiff spent a significant amount of time incarcerated or on
probation during the decedent's life. The subject requests for admission and corresponding Form Interrogatory
17.1 are therefore relevant to determine Plaintiff's relationship with the decedent and the amount of damages
assistance, and companionship he claims in his complaint.
Plaintiff is entitled to for the loss of love, It is unlikely
that relationship with the decedent would be
Plaintiff's unaffacted or unimpaired by hisincarceration or his
multiple criminal convictions.
The admissibility of Plaintiff's criminal convictions at trial is a separate and distinct issue from whether they are
admissible in discovery. We served the aforementioned requests for admission to establish the truth of specified
facts regarding Plaintiff's criminal history.
ltis understood that the filing of this request for a PretrialDiscovery Conference tolls the time for filing a motion
to compel discovery on the disputed issues for the number of days between the filingof the request and
issuance by the Court of a subsequent order pertaining Io the discovery dispute.
QPPosing Party was served with a coPy of REQUEsT FQR PRETRIAL DlscovERY coNFERENGE om YAhYC45L. ZM.i
Dare
Pursuant to Local Rule 2.1.17(A)(1), any opposition to this request for a Pretrial Discovery Conference must also
be filed on an approved form and must be filed within five (5)court days of receipt of the request for a Pretrial
Discovery Conference and must be served on the opposing party.
Ideclare under penalty of petjury under the laws of the State of California that the foregoing is true and
3/30/2021
Date Type or Prtnt Name Signature of Party or Attorney for Party
PCV-70 R05-19 REQUEST FOR PRETRIAL DISCOVERY CONFERENCE Page 2 ot 2
Mandatory Local Rute 2. 1,17
PROOF OF SERVICE
STATE OF CALIFORNIA )
3 ) ss.
COUNTY OF FRESNO )
I am a resident of the County aforesaid; I am over the age of 18 years and not a party to the
within action; my business address is: 2440 West Shaw, Suite 101, Fresno, CA 93711-3300. I am
familiar with the regular mail collection and processing practices of said business, and in the
ordinary course of business the mail is deposited with the United States Postal Service that same
day.
On March 31, 2021, I served the within REQUEST FOR PRETRIAL DISCOVERY
9
CONFERENCE by electronic transmission. I transmitted a PDF version of this document by
electronic mail to the party(ies) identified below using the e-mail address(es) indicated.
10
Attornev for Plaintiff Attornev for JDB Pronerties, Inc., dba JD
Todd B. 13arsotti Home Rentals
Todd B. Barsotti, A Professional Law Elizabeth Thomasian
Corporation Mary Ashcraft
13 6780 N. West Avenue, Suite 102 Emerson Church
Fresno, CA 93711 802 W. Pinedale Ave., Suite 104
14
Telephone: (559) 226-2100 Fresno, CA 93711
Fax: (559) 226-7636 Telephone: (559) 432-7641
Email: IbarAa,barsotti-law.corn Fax: (559) 432-7639
16 cbarsottiSbarsotti-law.corn ethomasianIallawemerson.corn
mashcraft@lawemerson.corn
17 mluianCcDlawemcrson.corn
Asalcido lawcmcrson.corn
18
19
I declare under penalty of perjury under the laws of the State of California the above is true
20
and correct.
21
Executed on March 31, 2021, at Fresno, California.
22
MAI f tjt
23 Ifolly yrick
24
23
26
27
28
REQUEST FOR PRFTRIAL DISCOVERY CONFERENCE
Preview
ATTDRNEY oR PARTY wITI-ICUT ATTQRNEY IN arne, stale bor number, and addressl: FOR COURT USE ONLY David J. Frankenberger, 8186140; Brett L. Runyon, 6133501 ERICKSEN ARBUTHNOT Attorneys at Law 2440 West Shaw Ave, Sle 101, Fresno. CA 93711 TELEPHONE NO: t5591 449-2600 449-2603 FAX NO'r 15591 E-FILED ATTORNEY FOR INomet: Defendants Adolfo Perez Hernandez end J&V Prooertiee 4/1/2021 8:00 AM SUPERIOR COURT OF CALIFORNIA ~COUNTY OF FRESNO Superior Court of California Civil Division County of Fresno 1130 0 Street By: J. Nelson, Deputy Fresno, California 93721-2220 PLAINTIFF/PETITIONER: Johnny bacon, et ol. DEFENDANT/RESPONDENT: Adoao Pores Hernandez, el al. CASE NUMBER; REQUEST FOR PRETRIAL DISCOVERY CONFERENCE 19CECG02733 Plaintiff(s) Y Defendant(s) Q Cross-complainant(s) Cross-defendant(s) Cl Other(s) Request a Pretrial Discovery Conference. A Pretrial Discovery Conference is being requested for the following reasons: A dispute has arisen regarding a request for admission , setfive propounded on plalntlff Pv' dispute has arisen regarding form or special interrogatories, set five propounded on plalntlff 0 A dispute has arisen regarding scheduled for a deposition subpoena directed at for deposition Cl A dispute has arisen regarding a deposition notice, production of documents at a deposition or deposition questions related to the deposition of scheduled for or held on Q A dispute has arisen regarding monetary, issue, evidence or terminating sanctions related to a failure to comply with Q Privilege is the basis for the refusal to produce documents and a privilege log is attached which complies with Local Rule 2.1,17(B). The parties have engaged in the following meaningful meet and confer efforts pdlor to filing this request: (Describe in detail all meet and confer efforts including any narrowing of the issues or resolutions reached via these efforts.) Defendant served Plaintiff Johnny Dalton with Form Interrogatories and Requests for Admission, Set Five on January 14, 2021. Defendant received Plaintiff's unverified responses to this discovery on February 12, 2021. Since Plaintiff's responses to these form interrogatodies and requests for admission were unverified and consisted of only objections, Defendant sent a meet and confer letter to Plaintiff's counsel on February 16, 2021, In this letter, Defendant stated that none of Plaintiff's objections were warranted and requested that Plaintiff serve amended responses by March 2, 2021. On March 2, 2021, Defendant received a meet and confer letter from Plaintiff stating, in substance, that the Plaintiff's responses would not be amended. To date, Defendant has not received substantive responses to these discovery requests. PCV-70 R05-19 REQUEST FOR PRETRIAL DISCOVERY CONFERENCE Page of 2 I Mandatorv Local Rule 2.1.17 A brief summary of the dispute, including the facts and legal arguments at issue is as follows. (Excepting a privilege log if checked above, no pleadings, exhibits, declarations, or attachments shall be attached.) Requests for Admission, Set Five ask Plaintiff for admissions or denials regarding any time he was incarcerated in Fresno County Jail or on probation for various serious affenses during the decedent's lifetime. These offenses include driving under the influence, felony kidnapping, assault with a deadly weapon, being under the influence of a controlled substance, domestic violence with children, and possession of drug paraphernalia. Per the Order After Pretrial Discovery Conference dated January 28, 2021, previous Plaintiff's objections to Defendant's subpoenas to the California Department of Corrections regarding Plaintiff's criminal history were overruled. These subpoenas were deemed valid and relevant in order to evaluate the closeness of Plaintiff's relationship with his mother and the time they may or may not have spent together while she was alive The aforementioned form interrogatories and requests for admission serve the same proper discovery purpose as Defendant's subpoena to the Department of Corrections. We have information leading us to believe that Plaintiff spent a significant amount of time incarcerated or on probation during the decedent's life. The subject requests for admission and corresponding Form Interrogatory 17.1 are therefore relevant to determine Plaintiff's relationship with the decedent and the amount of damages assistance, and companionship he claims in his complaint. Plaintiff is entitled to for the loss of love, It is unlikely that relationship with the decedent would be Plaintiff's unaffacted or unimpaired by hisincarceration or his multiple criminal convictions. The admissibility of Plaintiff's criminal convictions at trial is a separate and distinct issue from whether they are admissible in discovery. We served the aforementioned requests for admission to establish the truth of specified facts regarding Plaintiff's criminal history. ltis understood that the filing of this request for a PretrialDiscovery Conference tolls the time for filing a motion to compel discovery on the disputed issues for the number of days between the filingof the request and issuance by the Court of a subsequent order pertaining Io the discovery dispute. QPPosing Party was served with a coPy of REQUEsT FQR PRETRIAL DlscovERY coNFERENGE om YAhYC45L. ZM.i Dare Pursuant to Local Rule 2.1.17(A)(1), any opposition to this request for a Pretrial Discovery Conference must also be filed on an approved form and must be filed within five (5)court days of receipt of the request for a Pretrial Discovery Conference and must be served on the opposing party. Ideclare under penalty of petjury under the laws of the State of California that the foregoing is true and 3/30/2021 Date Type or Prtnt Name Signature of Party or Attorney for Party PCV-70 R05-19 REQUEST FOR PRETRIAL DISCOVERY CONFERENCE Page 2 ot 2 Mandatory Local Rute 2. 1,17 PROOF OF SERVICE STATE OF CALIFORNIA ) 3 ) ss. COUNTY OF FRESNO ) I am a resident of the County aforesaid; I am over the age of 18 years and not a party to the within action; my business address is: 2440 West Shaw, Suite 101, Fresno, CA 93711-3300. I am familiar with the regular mail collection and processing practices of said business, and in the ordinary course of business the mail is deposited with the United States Postal Service that same day. On March 31, 2021, I served the within REQUEST FOR PRETRIAL DISCOVERY 9 CONFERENCE by electronic transmission. I transmitted a PDF version of this document by electronic mail to the party(ies) identified below using the e-mail address(es) indicated. 10 Attornev for Plaintiff Attornev for JDB Pronerties, Inc., dba JD Todd B. 13arsotti Home Rentals Todd B. Barsotti, A Professional Law Elizabeth Thomasian Corporation Mary Ashcraft 13 6780 N. West Avenue, Suite 102 Emerson Church Fresno, CA 93711 802 W. Pinedale Ave., Suite 104 14 Telephone: (559) 226-2100 Fresno, CA 93711 Fax: (559) 226-7636 Telephone: (559) 432-7641 Email: IbarAa,barsotti-law.corn Fax: (559) 432-7639 16 cbarsottiSbarsotti-law.corn ethomasianIallawemerson.corn mashcraft@lawemerson.corn 17 mluianCcDlawemcrson.corn Asalcido lawcmcrson.corn 18 19 I declare under penalty of perjury under the laws of the State of California the above is true 20 and correct. 21 Executed on March 31, 2021, at Fresno, California. 22 MAI f tjt 23 Ifolly yrick 24 23 26 27 28 REQUEST FOR PRFTRIAL DISCOVERY CONFERENCE