Preview
ELECTRONICALLY FILED
Superior Court of California
Mark T. Coffin, State Bar No. 168571 County of Santa Barbara
ScottA. Jaske, State Bar No. PL-461842 Darrel E. Parker, Executive Officer
MARK T. COFFIN, P.C. 3/26/2021 12:27 PM
21 E. Carrillo Street, Suite 240 By: Elizabeth Spann, Deputy
Santa Barbara, California 93101
Telephone: (805) 248-7118
Facsimile: (866) 567-4028
Email: mtc@markcoffinlaw.com
Email: scott@ markcoffinlaw.com
Attomeys for Plaintiff DAVID G. BERTRAND and DOROTHY CHURCHILL-JOHNSON
SUPERIOR COURT OF CALIFORNIA
FOR THE COUNTY OF SANTA BARBARA
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11 DAVID G. BERTRAND, an Individual, Case No. 19CV02429
DOROTHY CHURCHILL-JOHNSON, an
12 Individual, REPLY BRIEF FOR MOTION FOR
13 TERMINATING SANCTIONS;
Plaintiff,
DECLARATION; EXHIBITS
14 vs.
Date: Monday, April 5, 2021
15 JESSICA BERRY, an Individual, and DOES 1 Time: 10:00 a.m.
through 100, Inclusive, Dept: 5
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Defendants. Assigned for all purposes to the Honorable
17 Colleen K. Sterne
18 Dept: 5
Complaint Date: May 7, 2019
19 Trial Date: TBA
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REPLY BRIEF FOR MOTION FOR TERMINATING SANCTIONS; DECLARATION; EXHIBITS
This Reply Brief will respond to Defendant Jessica Berry’s (hereinafter “BERRY”) two
separate Oppositions to Plaintiffs’ Ex Parte Application and Motion for Terminating Sanctions. The
March 19, 2021, opposition (hereinafter “First Opposition”) fails to address Plaintiffs’ Motion for
Terminating Sanctions at all. Ms. BERRY does not explain why she has violated three separate,
justified, Court Orders, or why she failed to purge her contempt of Court. Instead, Ms. BERRY sets
forth her allegations against Plaintiffs, and the rest of the world, with zero legal authority or
supporting evidence.
Ms. BERRY’s second Opposition dated March 22, 2021 (hereinafter “Second Opposition”)
alleges, “Plaintiffs never sent Defendant Jessica Berry supplemental discovery questions.” This
10 allegation is patently false, as detailed in the declaration of counsel submitted herewith. Plaintiffs’
11 originally served Supplemental Interrogatories and Supplemental Request for Production of
12 Documents on July 27, 2020 by mail to Ms. BERRY at her address of record, P.O. Box 541, Santa
13 Ynez, CA, via U.S. Mail. (See, Decl. of S. Jaske, par. 2-3.) On August 7, 2020, Ms. BERRY
14 confirmed she would provide responses to the supplemental discovery. (See, Exb D.)
15 After a month had elapsed and Ms. BERRY had failed to provide any responses to the
16 supplemental discovery, on September 11, 2020 Plaintiffs sent Ms. BERRY a meet and confer letter
17 regarding the supplemental discovery, via both email and U.S. Mail. (See, Exb F.) On September
18 21, 2020, Plaintiffs’ counsel Mark T. Coffin sent an email to BERRY inquiring when she would be
19 providing the responses to Plaintiffs’ supplemental discovery. (See, Exb.G.) On September 24,
20 2020, BERRY’s former counsel of record Jan Kaestner responded, stating that he had met with
21 BERRY and responses to the supplemental discovery would be provided “within the next seven
22 days.” (See, Exb. H.) That same day, Mr. Coffin thanked Mr. Kaesiner and requested the
23 supplemental responses by Wednesday, October 7, 2020, otherwise Plaintiffs would file a Motion to
24 Compel regarding the supplemental discovery.
25 BERRY failed to produce responses to Plaintiffs’ supplemental discovery as promised. On
26 oO ctober 6, 2020, Plaintiffs filed a Motion to Compel, on the condition that Plaintiffs would take the
27 hearing off calendar if BERRY provided responses to supplemental discovery, which she did not.
28 Plaintiffs’ declaration of counsel, filed concurrently with Plaintiffs’ Motion to Compel responses to
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REPLY BRIEF FOR MOTION FOR TERMINATING SANCTIONS; DECLARATION; EXHIBITS
supplemental discovery, included Plaintiffs’ Supplemental Interrogatories and Supplemental
Request for Production as exhibits. (See, Exb, J.)
On February 11, 2021, Ms. BERRY sent a brief and direct email to Mr. Coffin stating,
“Send the questions themselves.” (See, Exb. K.) On February 12, 2021, Mr. Coffin responded to
BERRY and again attached all of Plaintiffs’ supplemental discovery, as well as a copy of the
Court’s February 8, 2021 Order. (Jd.) BERRY’s sole argument in opposing terminating sanctions is
her contention that she never received Plaintiffs’ supplemental discovery. In support of this
argument, Ms, BERRY’s Second Opposition attaches an exhibit, at page 10, containing a screen shot
of her email from Mr. Coffin, to purportedly demonstrate that she received Mr. Coffin’s email, but it
10 did not contain attachments containing Plaintiffs’ supplemental discovery. Further, Ms. BERRY’s
11 Second Opposition, at page 12, purports to show Ms, BERRY’s email Inbox which omits Mr.
12 Coffin’s February 12, 2021 email, although Ms. BERRY clearly received that email. (See Exb. M.)
13 That same email was copied to Plaintiffs’ counsel Scott Jaske and was received with attachments.
14 (Jaske Declaration, par. 13.)
15 Ms. BERRY’s contention that she never received Plaintiffs’ supplemental discovery is not
16 credible and should be rejected. Not only did Ms. BERRY receive Plaintiffs’ Supplemental
17 Interrogatories and Supplemental Request for Production numerous times, but she could also have
18 obtained a copy of Plaintiffs’ October 6, 2020 Motion from the Records Department of her own
19 volition containing Plaintiffs’ supplemental discovery, at any time.
20 Plaintiffs hereby request terminating sanctions against Defendant JESSICA BERRY, in the
21 form of an Order striking her response to the Complaint, so that Plaintiffs may Request her default.
22 Respectfully submitted,
23 DATED: March 26, 2021 MARK T. COFFIN, P.C.
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By:
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“Mark T. Coffin, Esq.
Scott A. Jaske, Esq.
Jo
Attorneys for Plaintiffs DAVID G. BERTRAND
27 and DOROTHY CHURCHILL-JOHNSON
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REPLY BRIEF FOR MOTION FOR TERMINATING SANCTIONS; DECLARATION; EXHIBITS
DECLARATION OF SCOTT A. JASKE IN SUPPORT OF EX PARTE APPLICATION
I, Scott
A. Jaske, declare:
1 I am a Provisionally Licensed attomey licensed to practice law in the State of Califomia
pursuant
to Califomia Rule of Court 9.49, and an associate of the Law Office of Mark T.
Coffin, P.C. I am an attomey of record for Plaintiffs David Bertrand and Dorothy Churchill
Johnson in the above-captioned matter. If called upon as a witness, I could and would
competently testify to the following facts, under oath, from my own personal knowledge.
This Declaration is submitted in support of Plaintiffs’ Ex Parte Application for Terminating
Sanctions A gainst Defendant Jessica Berry.
10 Attached as ExhibitA is a true and correct copy of Plaintiffs’ Supplemental Interrogatories
11 to Defendant Jessica Berry, served on Ms. Berry via U.S. Mail, at Ms. Berry’s address of
12 record, P.O. Box 541, Santa
Y nez, CA, on July 27, 2020.
13 Attached as Exhibit B is a true and correct copy of Plaintiffs’ Supplemental Request for
14 Production of Documents, served on Ms. Berry via U.S. Mail, at Ms. Berry’s address of
15 record, P.O. Box 541, Santa Ynez, CA, on July 27, 2020.
16 Attached as Exhibit C is a true and correct copy of email sent on August 5, 2020 from
17 Plaintiffs’ counsel Mark Coffin to Ms. Berry, requesting dates for Ms. Berry’s deposition,
18 following receipt of responses to Plaintiffs’ supplemental discovery.
19 Attached as Exhibit D is a true and correct copy of Ms. Berry’s August 7, 2020 email to Mr.
20 Coffin, indicating she will provide responses to Plaintiffs’ supplemental discovery “by the
21 end of next week.”
22 Attached as Exhibit E is a true and correct copy of a September 11, 2020 email from Mr.
23 Coffin to Ms. Berry informing her that her responses to Plaintiffs’ supplemental discovery
24 were overdue.
25 Attached as Exhibit F is a true and correct copy of a September 11, 2020 email from the
26 undersigned to Ms. Berry, transmitting Plaintiffs’ meet and confer letter regarding Plaintiffs’
27 supplemental discovery. Plaintiffs’ meet and confer letter was also sent via U.S. Mail to Ms.
28 Berry’s address of record at P.O. Box 541, Santa Ynez, CA. Plaintiffs’ meet and confer
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REPLY BRIEF FOR MOTION FOR TERMINATING SANCTIONS; DECLARATION; EXHIBITS
letter was sent to a second mailing address of Ms. Berry, via U.S. Mail, at P.O. Box 432,
Solvang, CA, that same day.
8. Attached as Exhibit G is a true and correct copy of a September 21, 2020 email Mr. Coffin
sent to Ms. Berry, requesting a date where Ms. Berry would provide responses to Plaintiffs’
supplemental discovery.
9. Attached as Exhibit H is a true and correct copy of a September 24, 2020 email from Ms.
Berry’s former counsel Jan Kaestner to Mr. Coffin, confirming that Mr. Kaestner had met
with Ms. Berry, and that supplemental discovery responses would be provided “within the
ext seven days.”
10 10. Attached as ExhibitI is a true and correct copy of a September 24, 2020 email from Mr.
11 Coffin to Mr. Kaestner, copied to Ms. Berry, requesting responses to Plaintiffs’ supplemental
12 discovery.
13 11. Attached as ExhibitJ is a true and correct copy of the Declaration of Mark T. Coffin filed on
14 O ctober 6, 2020 in support of Plaintiffs’ Motions to Compel, which included Plaintiffs’
15 supplemental discovery as Exhibits A and B thereto. (Exhibits C through H are not included
16 herewith.)
17 12. Attached as Exhibit K is a true and correct copy of a February 12, 2021 email from Mr.
18 Coffin to Ms. Berry, which attached a copy of Plaintiffs’ Supplemental Interrogatories and
19 Plaintiff's Supplemental Request for Production, in response to Ms. Berry’s request, and also
20 attached a copy of the Court’s Order of February 8, 2021.
21 13. Attached as Exhibit L is a true and correct copy of a screen shot from my email inbox
22 (scott@ markcoffinlaw.com) showing receipt of Mr. Coffin’s February 12, 2021 email, which
23 was copied to me. As shown in the screen shot, the email I received also contained the three
24 attachments which were sent to Ms. Berry, consisting of Plaintiff's Supplemental
25 Interrogatories, Supplemental Request for Production, and the Court’s Order of February 8,
26 2021. The supplemental discovery attachments were visible and accessible in the email I
27 received. (Defendant Jessica Berry contends in her second opposition of March 22, 2021,
28 that the attachments were not included and were not accessible.)
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REPLY BRIEF FOR MOTION FOR TERMINATING SANCTIONS; DECLARATION; EXHIBITS
14, Attached as Exhibit M is a true and correct copy ofa February 12, 2021 email from Ms.
Berry to Mr. Coffin, responding to the transmittal of Plaintiffs’ supplemental discovery on
February 12, 2021. Ms. Berry’s email simply contains the statement “I’m sending the police
over.” However, Ms. Berry’s email did not mention that Plaintiffs’ supplemental discovery
attachments (described in Coffin’s email) ‘were not visible or accessible.’
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct, and that this Declaration was executed on Friday, March 26, 2021 at Santa
Barbara, California.
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11 Scott A. Jaske, Declarat
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REPLY BRIEF FOR MOTION FOR TERMINATING SANCTIONS; DECLARATION; EXHIBITS.
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EXHIBIT A
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July 27, 2020, Plaintiffs’ Supplemental Discovery (Form Interrogatory, Special
Interrogatory, And Requests for Admission, Set One) Served On Defendant Jessica
17 Berry's Address Of Record Via U.S. Mail (P.O. Box 541, Santa Ynez, CA)
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EXHIBIT A
Mark T, Coffin, State Bar No. 168571
MARK T. COFFIN, P.C.
21 E. Carrillo Street, Suite 240
Santa Barbara, California 93101
Telephone: (805) 248-7118
Facsimile: (866) 567-4028
Email: nie @)markcofliniaw.com
Attomeys for Plaintiff DAVID G. BERTRAND and DOROTHY CHURCHILL-JOHNSON
SUPERIOR COURT OF CALIFORNIA
FOR THE COUNTY OF SANTA BARBARA
i0 DAVID G. BERTRAND, an Individual, Case No. 19CV02429
DOROTHY CHURCHILL-JOHNSON, an
ll Individual, SUPPLEMENTAL
INTERROGATORIES TO
12 Plaintiff,
DEFENDANT JESSICA BERRY
13 ¥S.
[CALIFORNIA CODE OF CIVIL
14 JESSICA BERRY, an Individual, and DOES 1 PROCEDURE § 2030.070(A)]
through 100, Inclusive,
15 Assigned for all purposes (o the
Hon. Colleen K. Sterne
Defendants.
16 t Dept: 5
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St Complaint Date: May 7, 2019
Trial Date: No Trial Date Set
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PROPOUNDING PARTY: Plaintiff, DAVID G. BERTRAND and DOROTHY
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CITURCIILL-JOHNSON
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RESPONDING PARTY: Defendant, JESSICA BERRY
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SET NUMBER: SUPPLEMENTAL
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DATE/TIME: Wednesday, August 26, 2020
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SUPPLEMENTAL INTERROGATORIES TO DEFENDANT JESSICA BERRY
Pursuant to California Code of Civil Procedure § 2030.070(a), et seq., Plaintiffs, DAVID G.
BETRAND and DOROTHY CHURCHIIL-JOHNSON (hereinafter “Plaintiffs”} hereby request that
Defendant JESSICA BERRY (hereinafter “Defendant”) respond under oath within thirty (30) days
of service of this request, in addition lo any statutory extension pursuant to California Code of Civil
Procedure § 1013, to the supplemental interrogatory set forth below in order to elicit any later
acquired information bearing on all answers previously made by Defendant in response to all
interrogatories, both form and special, that were previously propounded by Plaintiffs.
SUPPLEMENTAL REQUEST NO. 1:
10 Please review YOUR responses to interrogatories, both form and special, and requests for
ll admissions previously served by Plaintiffs on YOU in this action. If for any reason any answer is no
12 longer correct and complete, identify the answer and state whatever information is necessary to
13 make answer correct and complete as of this date.
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15 DATED: July 27, 2020 MARK T. COFFIN, P.C.
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17 By:
Male. Coffin
18 Attorneys for Plaintiffs DAVID G. BERTRAND
and DOROTITY CHURCHU.L-JOHNSON
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SUPPLEMENTAL INTERROGATORIES TO DEFENDANT JESSICA BERRY
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA
lam employed in the County of Santa Barbara, State of California. | am over the age of 18
years and not a party to this action. My business address is 21 E. Carrillo Street, Suite 240, Santa
Barbara, California 93101. On July 27, 2020, I served the foregoing documents described as
SUPPLEMENTAL INTERROGATORIES TO DEFENDANT JESSICA BERRY, on the
interested parties in this action
SEE ATTACHED SERVICE LIST
K BY U.S. MAIL: This document was served by United States mail through the US Postal
Service. I enclosed the document in a sealed envelope or package addressed to the person(s)
at the address(es) above and placed the envelope(s) for collection and mailing, following our
ordinary business practices. I am readily familiar with this firm’s practice of collecting and
processing correspondence for mailing. On the same day that correspondence is placed for
10 collection and mailing, it is deposited in the ordinary course of business with the United
States Postal Service at Santa Barbara, California, in a sealed envelope with postage fully
ll paid
12 BY FACSIMILE: The document(s) were served by facsimile. The facsimile transmission
was without error and completed prior to 5:00 p.m. A copy of the transmission report is
13 available upon request.
14 BY OVERNIGHT DELIVERY: The document(s) were served by overnight delivery via
OnTrac. I enclosed the document in a sealed envelope or package addressed to the person(s)
15 and the address(es) above and placed the envelope(s) for pick-up by OnTrac. I am readily
familiar with the firm’s practice of collection and processing correspondence on the same day
16 with this courier service, for overnight delivery.
17 VIA EMAIL; I served the documents above on all parties via electronic mail, to the
addresses as listed on the attached service list, following my employer’s business practice for
18 collection and processing of correspondence. Such electronic transmission was reported as
complete and without error on this date.
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(State) I declare under penalty of perjury under the laws of the State of California that the
20 foregoing is true and correct.
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Executed on July 27, 2020, at Santa Barbara, 2s # ‘taal
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SUPPLEMENTAL INTERROGATORIES TO DEFENDANT JESSICA BERRY
SERVICE LIST
Address Party
Jessica Berry
JESSICA BERRY, in pro per.
P.O. Box 541
Santa Ynez, CA 93460
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SUPPLEMENTAL INTERROGATORIES TO DEFENDANT JESSICA BERRY
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EXHIBIT B
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July 27, 2020, Plaintiffs' Supplemental Discovery (Request for Production of
Documents, Set One) Served On Defendant Jessica Berry's Address Of Record
17 Via U.S. Mail (P.O. Box 541, Santa Ynez, CA)
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EXHIBIT B
Mark T. Coffin, State Bar No. 168571
MARK T. COFFIN, P.C.
21 E. Carrillo Street, Suite 240
Santa Barbara, California 93101
Telephone: (805) 248-7118
Facsimile: (866) 567-4028
Email: mtc@markcoffinlaw.con
Attorneys for Plaintiff DAVID G. BERTRAND and DOROTHY CHURCHILL-JOHNSON
SUPERIOR COURT OF CALIFORNIA
FOR THE COUNTY OF SANTA BARBARA
10 DAVID G. BERTRAND, an Individual, Case No. 19CV02429
DOROTHY CHURCHILL-~JOHNSON, an
1 Individual, SUPPLEMENTAL REQUEST FOR
PRODUCTION OF DOCUMENTS TO
12 Plaintiff, DEFENDANT JESSICA BERRY
13 ¥S.
[CALIFORNIA CODE OF CIVIL
14 JESSICA BERRY, an Individual, and DOES 1 PROCEDURE § 2031.050(A)]
through 100, Inclusive,
1§ Assigned for all purposes to the
Hon. Colleen K. Sterne
Defendants.
16 Dept: S
Complaint Date: May 7, 2019
17 Trial Date: No Trial Date Set
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PROPOUNDING PARTY: Plaintiff, DAVID G. BERTRAND and DOROTHY
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CHURCHILL-JOHNSON
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RESPONDING PARTY: Defendant, JESSICA BERRY
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SET NUMBER: SUPPLEMENTAL
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DATE/TIME: Wednesday, August 26, 2020
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SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT JESSICA BERRY
Pursuant to Califomia Code of Civil Procedure § 2031.050(a), et seq., Plaintiffs, DAVID G.
BETRAND and DOROTHY CHURCHILL-JOHNSON (hereinafter “Plaintiffs”) hereby request that
Defendant JESSICA BERRY (hereafter “Defendant”) respond under cath within thirty (30) days
of service of this request, in addition to any statutory extension pursuant to California Code of Civil
Procedure § 1013, lo the supplemental request for production of documents set forth below in order
to elicit any later acquired or discovered documents, writings, and/or other tangible things that are in
the possession, custody, and/or control of Defendant, bearing on alt responses and/or document
productions previously made by Defendant, and that are responsive to any and all requests for
production that were previously propounded by Plaintiffs.
10 Plaintiffs, therefore, demand that Defendant produce and permit the inspection, copying,
il measuring, and/or photographs of the following documents, evidence, and/or other tangible things
12 listed below at the Law Office of Mark T. Coffin, P.C., located at 21 E. Carrillo Street, Suite 240,
13 Santa Barbara, CA 93101, on August 26, 2020, at 10:00 a.m.., or at such sooner date and time as
14 Defendant and Plaintiff may agree. In lieu of production on that dale, copies of the responsive
15 documents, writings, evidence, and/or other tangible things may be sent to the Law Office of Mark
16 T. Coffin, to be received by the date of production set forth above.
17 SUPPLEMENTAL RE UEST NO. 1:
18 Please review YOUR responses to request for production of documents previously served on
19 YOU in this action by Plaintiffs, DAVID G. BERTRAND and DOROTHY CHURCHILL-
20 JOHNSON. If for any reason any response is no longer correct and complete, identify (he response
21 and produce any and ail DOCUMENTS and writings (as defined by Califomia Evidence Code §
22 250) and/or other tangible things, in order to make that response correct and complete as of this date.
23 DATED: July 27, 2020 MARK T. COFFIN, P.C.
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25 By:
. Coffin
26 Attomeys for Plaintiffs DAVID G. BERTRAND
and DOROTHY CHURCHILL-JOHNSON
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SUPPLEMENTAT. REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT JESSICA BERRY
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA
Tam employed in the County of Santa Barbara, State of California. I am over the age of 18
years and not party to this action. My business address is 21 E. Carrillo Street, Suite 240, Santa
Barbara, California 93101. On July 27, 2020, I served the foregoing documents described as
SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT
JESSICA BERRY, on the interested parties in this action:
SEE ATTACHED SERVICE LIST
¥ BY U.S. MAIL: This document was served by United States mail through the US Postal
Service. I enclosed the document in a sealed envelope or package addressed to the person(s}
at the address(es) above and placed the cnvelope(s} for collection and mailing, following our
ordinary business practices. | am readily familiar with this firm’s practice of collecting and
processing correspondence for mailing. On the same day that correspondence is placed for
10 collection and mailing, it is deposited in the ordinary course of business with the United
States Posta! Service at Santa Barbara, California, in a sealed envelope with postage fully
il paid.
12 BY FACSIMILE: The document(s) were served by facsimile. The facsimile transmission
was without error and completed prior to 5:00 p.m. A copy of the transmission report is
13 available upon request.
14 BY OVERNIGHT DELIVERY: The document(s) were served by overnight delivery via
OnTrac. I enclosed the document in a sealed envelope or package addressed to the person(s)
15 and the address(es) above and placed the envelope(s) for pick-up by OnTrac. | am readily
familiar with the firm’s practice of collection and. processing correspondence on the same day
16 with this courier service, for overnight delivery.
17 VIA EMAIL: I served the documents above on all parties via electronic mail, to the
addresses as listed on the attached service list, (ollowing my employer’s business practice for
18 collection and processing of correspondence, Such clectronic transmission was reported as
omplete and without error on this date.
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{State) 1 declare under penalty of perjury under the laws of the State of California that the
20 foregoing is true and correct,
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23 j Sed
24 Scott A. Jaske
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SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT JESSICA BERRY
SERVICE LIST
Address Party
Jessica Berry
JESSICA BERRY, in pro per.
P.O. Box 541
Santa Ynez, CA 93460
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SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT JESSICA BERRY
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EXHIBIT C
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August 5, 2020, Electronic Correspondence From Mark Coffin To Jessica
16 Berry Requesting Her Supplemental Discovery Responses
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EXHIBIT C
From: Mark Coffin
Sent: Wednesday, August 5, 2020 12:46 PM
To:
Jessi
Ber; Jan Kaestner
CC: Scott Jaske
Subject: Jessica Berry Deposition Noticed for 9/9/2020
Jan,
I continue to be puzzled by Ms. Berry's communications, and the representations that you "will
be removed" as Ms. Berry's counsel. Meanwhile however, I understand that you are still her
counsel of record in the Labor Commissioner appeal case.
Y ou called me recently to request that we move the September 9, 2020 date which has been
noticed for Ms. Berry's deposition. I am happy to accommodate this request, assuming you will
be acting as her counsel. However, I requested that you provide some clear dates when both you
‘Tesponseson 8/26/2020, and before the next CMC on 9/21/2020. I have not received any new
dates from you yet.
Please get back to me by the end of this week if you still want to move the date. I want you and
Ms. Benry to be aware that if she does not appear for her deposition as noticed, I intend to take a
certificate of non-appearance for a motion to compel.
Mark T. Coffin
LAW OFFICE OF MARK T. COFFIN, P.C.
21 E. Carrillo Street, Suite 240
Santa Barbara, CA 93101
O: 805-248-7118
Tollfree: 800-976-3402
F: 805-567-4028
E: mtc@ markcoffinlaw.com
CONFIDENTIAL/ATTORNEY CLIENT PRIVILEGE: This e-mail message and any
attachments are intended solely for the individual or entity to which it is addressed and is
confidential. If the reader of this message and any attachments is not the intended recipient, you
are hereby notified that any examination, distribution, or copying of the material is strictly
prohibited. If you received this message in error, please notify the sender promptly and delete
this message and any attachments.
anesOriginal Message----
From: Jessi Ber
Sent: Wednesday, August 05, 2020 12:23 PM
To: Jan Kaestner
Ce: Mark Coffin
Subject: Y ou really going to let Coffin pass the liability for mis-representation to you?
PLEASE/
TELL MARK COFFIN SORRY, BUT HIS LATEST SCHEME WILL NOT WORK. GET
OVER IT.
(I do like how Coffin made reference to “RULES”
Perhaps he should follow those more; even when it does not particularly or greatly benefit him.)
I am hereby with this email requesting Mark Coffin send back to me directly via email all
discovery questions in their entirety, and the answers which have so far been provided by either
party so far and FOR BOTH LAWSUITS. This information should be EMAILED straight from
Coffin, since I no longer have a residence to send this info to.
We remaining in this course of action all need to be on the same page. That is a procedural ‘rule >
of evidence after all...
Still wishing you had been on the good-girl team Mr. Kaestner. In return for the additional time
in, you might have actually been handsomely rewarded; and that just for doing the right thing!
Jessica
MSent from my iPhone
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EXHIBIT D
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August 7, 2020, Electronic Correspondence From Defendant Jessica Berry To
16 Mark Coffin Confirming She Will Produce Supplemental Discovery
17 Responses To Plaintiffs
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EXHIBIT D
From: Jessi Ber
Sent: Friday, August 7, 2020 6:32 PM
To: Mark Coffin
CC: Jan Kaesiner; Scott Jaske
Subject: Re: Jessica Berry Deposition Notice of requirement to reschedule
Greetings-
I will get back to you about the deposition when I have the opportunity to commit to some date
and time. I have been busy. Meanwhile, there is no need for emails that are silly banter between
the two of you; colluding attorneys whom are both working for the same side... David
Bertrand’s.
There are no words to express my empathy for the state of your careers. Being forced to scam
and defraud a vulnerable woman in order to make a living must provide some terrific sense of
shame. In youth, you probably never imagined running schemes, such as you are now, would be
how your hard won law degree was put to use. I pray that you both have better days, and a well
purposed life ahead of you.
I am representing myself on all matters and for all Santa Barbara Court cases. You may both
I will expect to receive from your
side a copy of all discovery, coming to me via email from Mark Coffin; both sides questions and
also any answers, confirming all information for all sets.
If you do not, I will compel this information plus file a motion for sanctions from Mark Coffin.
Have a nice weekend and stay safe.
Regards,
Jessica Berry
Sent from my iPhone
>On Aug 7, 2020, at 1:01 PM, Mark Coffin wrote:
>
Jan,
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EXHIBIT E
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September 11, 2020, Electronic Correspondence from Mark Coffin to Jessica Berry
16 Informing Her That Her Responses To Plaintiffs' Supplemental Discovery Was Overdue
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EXHIBIT E
From: Mark Coffin
Sent: Friday, September 11, 2020 3:58 PM
To:
Jessi
Ber; Jan Kaestner
CC: Scott Jaske
Subject: RE: Deposition I have not agreed to
Ms. Beny,
Y our deposition was noticed over a month ago, and I agreed to continue the date because your
attorney for the Labor Commission action, Mr. Kaestner, told me that he was unavailable and
needed to move the date because of his vacation. The date of 9/17/2020 was selected because
Mr. Kaestner indicated he was available that day.
Y ou, on the other hand, have not provided any dates for your deposition. I normally extend this
courtesy to any deponent, and I extended it to you in this case. However, you have never
cooperated by providing a date that you were available for deposition, in spite of repeated
requests.
As for written discovery, you are incorrect that "no discovery has been provided for either case."
Actually, quite a bit of written discovery has been propounded and responded to by both parties.
I will send a separate meet and confer letter to you,
in the hopes of avoiding another motion to compel and another round of sanctions.
Lastly, if you wish to communicate with me, please use my email address, which is:
mtc@ markcoffinlaw.com. My paralegal Scott Jaske is not in a position to answer your questions.
Thank you,
Mark T. Coffin
LAW OFFICE OF MARK T. COFFIN, P.C.
21 E. Carrillo Street, Suite 240
Santa Barbara, CA 93101
O: 805-248-7118
Tollfree: 800-976-3402
F: 805-567-4028
E: mtc@ markcoffinlaw.com
CONFIDENTIAL/ATTORNEY CLIENT PRIVILEGE: This e-mail message and any
attachments are intended solely for the individual or entity to which it is addressed and is
confidential. If the reader of this message and any attachments is not the intended recipient, you
are hereby notified that any examination, distribution, or copying of the material is strictly
prohibited. If you received this message in error, please notify the sender promptly and delete
this message and any attachments.
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EXHIBIT F
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September 11, 2020, Electronic Correspondence from Scott Jaske to Jessica Berry
16 Transmitting Plaintiffs’ Meet and Confer Letter Re: Supplemental Written Discovery
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EXHIBIT F
Bertrand v_ Berry - Meet and Confer Letter.htm
From: Scott Jaske
Sent: Friday, September 11, 2020 4:41 PM
To: Jessi Ber
CC: Mark Coffin
Subject: Bertrand v. Berry - Meet and Confer Letter
Attachments: 20.09.11, MTC, Berry, re M&C on Supp Dsc Responses.pdf
Dear Ms. Berry,
Please see the attached from our office. A physical copy has been sent via US Mail concurrently. Thank
you.
Scott Jaske
Paralegal
MARK T. COFFIN, P.C.
21 E. Carrillo Street, Suite 240
Santa Barbara, CA 93101
O: 805-248-7118
Tollfree: 800-976-3402
F: 805-567-4028
E: Scott@markcoffinlaw.com
CONFIDENTIAL/ATTORNEY CLIENT PRIVILEGE: This e-mail message and any attachments are intended solely for
the individual or entity to which it is addressed and is confidential. If the reader of this message and any
attachments is not the intended recipient, you are hereby notified that any examination, distribution, or copying
of the material is strictly prohibited. If you received this message in error, please notify the sender promptly and
delete this message and any attachments.
THE LAW OFFICE OF MARK T. COFFIN
21 E. Carrillo Street, Suite 240
Santa Barbara, CA 93101
PHONE: 805-248-7118 TOLLFREE: 800-976-3402 FAX: 805-567-4028 mtc@markcoffinlaw.com
September 11, 2020
MEET AND CONFER CORRESPONDENCE
VIA U.S. MAIL TO:
Jessica Berry Jessica Berry
P.O. Box 541 P.O, Box 432
Santa Ynez, CA 93460 Solvang, CA 93463
Re: Bertrand, et al. v. Ber y (SBSC Case No: 19CV02429
Dear Ms. Berry,
On July 27, 2020, our office propounded written discovery via U.S. mail to your P.O.
Box, as follows:
Supplemental Interrogatories to Defendant Jessica Berry
Supplemental Request for Production of Documents to Defendant Jessica Berry
No extension to respond to this discovery were requested or granted. The supplemental
discovery responses are now overdue, and all objections have been waived pursuant to the Code
of Civil Procedure.
Kindly provide verified responses, without objection, to this office by no later than
Wednesday, September 16, 2020, If we have not received responses by that date, we intend to
file a motion to compel and request for sanctions for the expense thereof. Please contact me if
you have any questions.
Very truly yours,
fark T. Coffin
MTC:saj
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EXHIBIT G
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September 21, 2020, Electronic Correspondence From Mark Coffin To Jessica Berry
16 Requesting Responses To Plaintiffs' Supplemental Discovery
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EXHIBIT G
From: Mark Coffin
Sent: Monday, September 21, 2020 6:05 PM
CC:
J an Kaestner
BCC: dorothy@ churchill-johnson.com
Subject: Final Meet and Confer before Motion to Compel
Ms. Berry and Mr. Kaestner,
This will constitute our final meet and confer attempt before filing a motion to compel a response to
Supplemental Written Discovery (in both cases) as well as Ms. Berry’s deposition.
‘1, ___ Please provide a date within the next two weeks by which you will provide
verified responses to the supplemental interrogatories and requests for production in
“each case.
2 Please provide one or more dates, at least two weeks after the production
date, for Ms. Berry’s deposition. We will try to complete the deposition in one day for
both cases.
Frankly | am not clear on Ms. Berry’s request for “all discovery.” As far as | am aware, there is no
discovery outstanding to my clients that we have not already responded to. Please
confirm. Furthermore, the 45-day deadline for her to file a motion to compel has already run on all of
her prior discovery in both cases.
lam purely guessing here. If Ms. Berry is requesting duplicate copies of responses that we previously
served, please clarify. If so and she is requesting duplicate copies of discovery responses previously
provided in the Labor Commission appeal, Mr. Kaestner is already in possession of our responses and
she can obtain them from her own attorney.
If she is requesting duplicate copies of our discovery responses in my clients’ Defamation/Elder Action,
then | can offer two suggestions:
1 If Ms. Berry will cover the cost of duplicating and printing of hardcopies, then
she can contact FedEx and make arrangements to pay them directly for printing
costs. Upon receipt of that confirmation, | will send the responses to FedEx
electronically, so that they can be printed at her expense.
2 Alternatively, if Ms. Berry wishes, we can put PDF copies of the responses onto
a thumb drive and mail it to her.
In any event, her request for “prior discovery” is not a valid reason to delay her deposition. Please
respond to the questions above on or by Wednesday of this week, i.e. by 9/23/2020. After that we will
prepare and file another motion to compel, and we will seek sanctions for her refusal to comply.
Very truly yours,
Mark T. Coffin
LAW OFFICE OF MARK T. COFFIN, P.C.
21 E. Carrillo Street, Suite 240
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EXHIBIT H
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September 24, 2020, Electronic Correspondence From Jan Kaestner To
16 Mark Coffin Confirming Jessica Berry Will Provide Responses to
17 Plaintiffs’ Supplemental Discovery
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EXHIBIT H
From: Jan Kaestner
Sent: Thursday, September 24, 2020 5:38 AM
To: Mark Coffin
CC: Cassandra Bija
Subject: Berry v Bertrand
Mark,
| met with Ms. Berry yesterday and we are available on 10/7, 10/8 & 10/9, for her deposition. We will
be providing supplemental discovery responses within the next seven days.
Best regards,
jek
Jan Eric Kaestner, Esq
Attorney at Law
~
f GHITTERMAN, GHITTERMAN & FELD
Cr MAILING ADDRESS
418 East Canon Perdido Street
Sante Barbara, CA 93101
P: (805) 965-4540
a F: (805) 965-5009
rkcomp@ghitterman.com
M ghitterman.com
‘This message is protected by the Electronic Communications Act, 19 U.S.C. Sections 2510-2521 and is
confidentialand subject to pervilege, including, but not limited to the attorney-client
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Contained in this message & intended only for the use of identified It you are not the intended
reopen. you ae noted that any dissemination, closure o copying of te communication. cludingot
have received this in error, please immediately notity
ty etonienat ans prone (80S) 965-4540. Please destroy this original message.
es
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EXHIBIT I
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September 24, 2020, Electronic Correspondence From Mark Coffin To Jan Kaestner
16 With A Carbon Copy To Jessica Berry Requesting Responses
To Plaintiffs' Supplemental Discovery
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EXHIBIT I
From: Mark Coffin
Sent: Thursday, September 24, 2020 2:55 PM
To: Jan Kaestner
CC: Cassandra Bija; Jessi Ber; Scott Jaske
Subject: RE: Berry v Bertrand
Thank you Jan.
Of the 3 dates you provided, | am only available on Wednesday October 7", and only if | move my
schedule around. If you can get me the supplemental responses and any document production by next
Wednesday 10/7/2020, | will send out a notice on Monday for the deposition.
| will also be filing a motion to compel. If we can accomplish the written discovery and deposition prior
to the hearing date, | will take it off calendar.
Let me know if that is acceptable.
Mark T. Coffin
LAW OFFICE OF MARK T. COFFIN, P.C.
21 E. Carrillo Street, Suite 240
Santa Barbara, CA 93101
O: 805-248-7118
Tollfree: 800-976-3402
F: 805-567-4028
E: mtc@markcoffinlaw.com
‘(ONFIDENTIAL/ATTORNEY CLIENT PRIVILEGE: This e-mail message and any attachments are intended solely for the
individual or entity to which it is addressed and is confidential. If the reader of this message and any attachments is not the
intended recipient, you are hereby notified that any examination, distribution, or copying of the material is strictly prohibited. If
you received this message in error, please notify the sender promptly and delete this message and any attachments.
From: Jan Kaestner
Sent: Thursday, September 24, 2020 5:38 AM
To: Mark Coffin
Cc: Cassandra Bija
Subject: Berry v Bertrand
Mark,
| met with Ms. Berry yesterday and we are available on 10/7, 10/8 & 10/9, for her deposition. We will
be providing supplemental discovery responses within the next seven days.
Best regards,
jek
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EXHIBIT J
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October 6, 2020, Declaration of Mark T. Coffin In Support Of Motion To Compel
16
Which Included Plaintiffs' Supplemental Discovery As Exhibits A and B,
17 Exhibits C Through H Were Intentionally Omitted
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EXHIBITJ
ELECTRONICALLY FILED
Superior Court of California
County of Santa Barbara
Mark T. Coffin, State Bar No. 168571
Darrel E. Parker, Executive Officer
MARK T. COFFIN, P.C. 10/6/2020 4:46 PM
21 E. Carrillo Street, Suite 240
By: Terri Chavez, Deputy
Santa Barbara, California 93101
Telephone: (805) 248-7118
Facsimile: (866) 567-4028
Email: mtc@markcoffinlaw.com
Attorneys for Plaintiff DAVID G. BERTRAND and DOROTHY CHURCHILL-JOHNSON
SUPERIOR COURT OF CALIFORNIA
FOR THE COUNTY OF SANTA BARBARA
10 DAVID G. BERTRAND, an Individual, Case No. 19CV02429, Related with
DOROTHY CHURCHILL-JOHNSON, an Case No. 19CV02357
11 Individual,
DECLARATION OF MARK T.
12 Plaintiff, COFFIN IN SUPPORT OF MOTIONS
13 TO COMPEL
VS.
14 Date: November 9, 2020
JESSICA BERRY, an Individual, and DOES 1
Time: 10:00 a.m.
through 100, Inclusive,
15 Dept: 5 (Via ZOOM Platform):
Defendants.
16 MEETING ID: 959 8605 7786
PASSWORD: 9863224
17
Assigned for all purposes to the
18
Preview
ELECTRONICALLY FILED Superior Court of California Mark T. Coffin, State Bar No. 168571 County of Santa Barbara ScottA. Jaske, State Bar No. PL-461842 Darrel E. Parker, Executive Officer MARK T. COFFIN, P.C. 3/26/2021 12:27 PM 21 E. Carrillo Street, Suite 240 By: Elizabeth Spann, Deputy Santa Barbara, California 93101 Telephone: (805) 248-7118 Facsimile: (866) 567-4028 Email: mtc@markcoffinlaw.com Email: scott@ markcoffinlaw.com Attomeys for Plaintiff DAVID G. BERTRAND and DOROTHY CHURCHILL-JOHNSON SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF SANTA BARBARA 10 11 DAVID G. BERTRAND, an Individual, Case No. 19CV02429 DOROTHY CHURCHILL-JOHNSON, an 12 Individual, REPLY BRIEF FOR MOTION FOR 13 TERMINATING SANCTIONS; Plaintiff, DECLARATION; EXHIBITS 14 vs. Date: Monday, April 5, 2021 15 JESSICA BERRY, an Individual, and DOES 1 Time: 10:00 a.m. through 100, Inclusive, Dept: 5 16 Defendants. Assigned for all purposes to the Honorable 17 Colleen K. Sterne 18 Dept: 5 Complaint Date: May 7, 2019 19 Trial Date: TBA 20 21 22 23 24 25 26 27 28 1 REPLY BRIEF FOR MOTION FOR TERMINATING SANCTIONS; DECLARATION; EXHIBITS This Reply Brief will respond to Defendant Jessica Berry’s (hereinafter “BERRY”) two separate Oppositions to Plaintiffs’ Ex Parte Application and Motion for Terminating Sanctions. The March 19, 2021, opposition (hereinafter “First Opposition”) fails to address Plaintiffs’ Motion for Terminating Sanctions at all. Ms. BERRY does not explain why she has violated three separate, justified, Court Orders, or why she failed to purge her contempt of Court. Instead, Ms. BERRY sets forth her allegations against Plaintiffs, and the rest of the world, with zero legal authority or supporting evidence. Ms. BERRY’s second Opposition dated March 22, 2021 (hereinafter “Second Opposition”) alleges, “Plaintiffs never sent Defendant Jessica Berry supplemental discovery questions.” This 10 allegation is patently false, as detailed in the declaration of counsel submitted herewith. Plaintiffs’ 11 originally served Supplemental Interrogatories and Supplemental Request for Production of 12 Documents on July 27, 2020 by mail to Ms. BERRY at her address of record, P.O. Box 541, Santa 13 Ynez, CA, via U.S. Mail. (See, Decl. of S. Jaske, par. 2-3.) On August 7, 2020, Ms. BERRY 14 confirmed she would provide responses to the supplemental discovery. (See, Exb D.) 15 After a month had elapsed and Ms. BERRY had failed to provide any responses to the 16 supplemental discovery, on September 11, 2020 Plaintiffs sent Ms. BERRY a meet and confer letter 17 regarding the supplemental discovery, via both email and U.S. Mail. (See, Exb F.) On September 18 21, 2020, Plaintiffs’ counsel Mark T. Coffin sent an email to BERRY inquiring when she would be 19 providing the responses to Plaintiffs’ supplemental discovery. (See, Exb.G.) On September 24, 20 2020, BERRY’s former counsel of record Jan Kaestner responded, stating that he had met with 21 BERRY and responses to the supplemental discovery would be provided “within the next seven 22 days.” (See, Exb. H.) That same day, Mr. Coffin thanked Mr. Kaesiner and requested the 23 supplemental responses by Wednesday, October 7, 2020, otherwise Plaintiffs would file a Motion to 24 Compel regarding the supplemental discovery. 25 BERRY failed to produce responses to Plaintiffs’ supplemental discovery as promised. On 26 oO ctober 6, 2020, Plaintiffs filed a Motion to Compel, on the condition that Plaintiffs would take the 27 hearing off calendar if BERRY provided responses to supplemental discovery, which she did not. 28 Plaintiffs’ declaration of counsel, filed concurrently with Plaintiffs’ Motion to Compel responses to 2 REPLY BRIEF FOR MOTION FOR TERMINATING SANCTIONS; DECLARATION; EXHIBITS supplemental discovery, included Plaintiffs’ Supplemental Interrogatories and Supplemental Request for Production as exhibits. (See, Exb, J.) On February 11, 2021, Ms. BERRY sent a brief and direct email to Mr. Coffin stating, “Send the questions themselves.” (See, Exb. K.) On February 12, 2021, Mr. Coffin responded to BERRY and again attached all of Plaintiffs’ supplemental discovery, as well as a copy of the Court’s February 8, 2021 Order. (Jd.) BERRY’s sole argument in opposing terminating sanctions is her contention that she never received Plaintiffs’ supplemental discovery. In support of this argument, Ms, BERRY’s Second Opposition attaches an exhibit, at page 10, containing a screen shot of her email from Mr. Coffin, to purportedly demonstrate that she received Mr. Coffin’s email, but it 10 did not contain attachments containing Plaintiffs’ supplemental discovery. Further, Ms. BERRY’s 11 Second Opposition, at page 12, purports to show Ms, BERRY’s email Inbox which omits Mr. 12 Coffin’s February 12, 2021 email, although Ms. BERRY clearly received that email. (See Exb. M.) 13 That same email was copied to Plaintiffs’ counsel Scott Jaske and was received with attachments. 14 (Jaske Declaration, par. 13.) 15 Ms. BERRY’s contention that she never received Plaintiffs’ supplemental discovery is not 16 credible and should be rejected. Not only did Ms. BERRY receive Plaintiffs’ Supplemental 17 Interrogatories and Supplemental Request for Production numerous times, but she could also have 18 obtained a copy of Plaintiffs’ October 6, 2020 Motion from the Records Department of her own 19 volition containing Plaintiffs’ supplemental discovery, at any time. 20 Plaintiffs hereby request terminating sanctions against Defendant JESSICA BERRY, in the 21 form of an Order striking her response to the Complaint, so that Plaintiffs may Request her default. 22 Respectfully submitted, 23 DATED: March 26, 2021 MARK T. COFFIN, P.C. 24 25 26 By: 4 “Mark T. Coffin, Esq. Scott A. Jaske, Esq. Jo Attorneys for Plaintiffs DAVID G. BERTRAND 27 and DOROTHY CHURCHILL-JOHNSON 28 3 REPLY BRIEF FOR MOTION FOR TERMINATING SANCTIONS; DECLARATION; EXHIBITS DECLARATION OF SCOTT A. JASKE IN SUPPORT OF EX PARTE APPLICATION I, Scott A. Jaske, declare: 1 I am a Provisionally Licensed attomey licensed to practice law in the State of Califomia pursuant to Califomia Rule of Court 9.49, and an associate of the Law Office of Mark T. Coffin, P.C. I am an attomey of record for Plaintiffs David Bertrand and Dorothy Churchill Johnson in the above-captioned matter. If called upon as a witness, I could and would competently testify to the following facts, under oath, from my own personal knowledge. This Declaration is submitted in support of Plaintiffs’ Ex Parte Application for Terminating Sanctions A gainst Defendant Jessica Berry. 10 Attached as ExhibitA is a true and correct copy of Plaintiffs’ Supplemental Interrogatories 11 to Defendant Jessica Berry, served on Ms. Berry via U.S. Mail, at Ms. Berry’s address of 12 record, P.O. Box 541, Santa Y nez, CA, on July 27, 2020. 13 Attached as Exhibit B is a true and correct copy of Plaintiffs’ Supplemental Request for 14 Production of Documents, served on Ms. Berry via U.S. Mail, at Ms. Berry’s address of 15 record, P.O. Box 541, Santa Ynez, CA, on July 27, 2020. 16 Attached as Exhibit C is a true and correct copy of email sent on August 5, 2020 from 17 Plaintiffs’ counsel Mark Coffin to Ms. Berry, requesting dates for Ms. Berry’s deposition, 18 following receipt of responses to Plaintiffs’ supplemental discovery. 19 Attached as Exhibit D is a true and correct copy of Ms. Berry’s August 7, 2020 email to Mr. 20 Coffin, indicating she will provide responses to Plaintiffs’ supplemental discovery “by the 21 end of next week.” 22 Attached as Exhibit E is a true and correct copy of a September 11, 2020 email from Mr. 23 Coffin to Ms. Berry informing her that her responses to Plaintiffs’ supplemental discovery 24 were overdue. 25 Attached as Exhibit F is a true and correct copy of a September 11, 2020 email from the 26 undersigned to Ms. Berry, transmitting Plaintiffs’ meet and confer letter regarding Plaintiffs’ 27 supplemental discovery. Plaintiffs’ meet and confer letter was also sent via U.S. Mail to Ms. 28 Berry’s address of record at P.O. Box 541, Santa Ynez, CA. Plaintiffs’ meet and confer 4 REPLY BRIEF FOR MOTION FOR TERMINATING SANCTIONS; DECLARATION; EXHIBITS letter was sent to a second mailing address of Ms. Berry, via U.S. Mail, at P.O. Box 432, Solvang, CA, that same day. 8. Attached as Exhibit G is a true and correct copy of a September 21, 2020 email Mr. Coffin sent to Ms. Berry, requesting a date where Ms. Berry would provide responses to Plaintiffs’ supplemental discovery. 9. Attached as Exhibit H is a true and correct copy of a September 24, 2020 email from Ms. Berry’s former counsel Jan Kaestner to Mr. Coffin, confirming that Mr. Kaestner had met with Ms. Berry, and that supplemental discovery responses would be provided “within the ext seven days.” 10 10. Attached as ExhibitI is a true and correct copy of a September 24, 2020 email from Mr. 11 Coffin to Mr. Kaestner, copied to Ms. Berry, requesting responses to Plaintiffs’ supplemental 12 discovery. 13 11. Attached as ExhibitJ is a true and correct copy of the Declaration of Mark T. Coffin filed on 14 O ctober 6, 2020 in support of Plaintiffs’ Motions to Compel, which included Plaintiffs’ 15 supplemental discovery as Exhibits A and B thereto. (Exhibits C through H are not included 16 herewith.) 17 12. Attached as Exhibit K is a true and correct copy of a February 12, 2021 email from Mr. 18 Coffin to Ms. Berry, which attached a copy of Plaintiffs’ Supplemental Interrogatories and 19 Plaintiff's Supplemental Request for Production, in response to Ms. Berry’s request, and also 20 attached a copy of the Court’s Order of February 8, 2021. 21 13. Attached as Exhibit L is a true and correct copy of a screen shot from my email inbox 22 (scott@ markcoffinlaw.com) showing receipt of Mr. Coffin’s February 12, 2021 email, which 23 was copied to me. As shown in the screen shot, the email I received also contained the three 24 attachments which were sent to Ms. Berry, consisting of Plaintiff's Supplemental 25 Interrogatories, Supplemental Request for Production, and the Court’s Order of February 8, 26 2021. The supplemental discovery attachments were visible and accessible in the email I 27 received. (Defendant Jessica Berry contends in her second opposition of March 22, 2021, 28 that the attachments were not included and were not accessible.) 5 REPLY BRIEF FOR MOTION FOR TERMINATING SANCTIONS; DECLARATION; EXHIBITS 14, Attached as Exhibit M is a true and correct copy ofa February 12, 2021 email from Ms. Berry to Mr. Coffin, responding to the transmittal of Plaintiffs’ supplemental discovery on February 12, 2021. Ms. Berry’s email simply contains the statement “I’m sending the police over.” However, Ms. Berry’s email did not mention that Plaintiffs’ supplemental discovery attachments (described in Coffin’s email) ‘were not visible or accessible.’ I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this Declaration was executed on Friday, March 26, 2021 at Santa Barbara, California. 10 11 Scott A. Jaske, Declarat 12 13 14 1s 16 17 18 19 20 21 22 23 24 25 26 27 28 REPLY BRIEF FOR MOTION FOR TERMINATING SANCTIONS; DECLARATION; EXHIBITS. 10 11 12 EXHIBIT A 13 14 15 16 July 27, 2020, Plaintiffs’ Supplemental Discovery (Form Interrogatory, Special Interrogatory, And Requests for Admission, Set One) Served On Defendant Jessica 17 Berry's Address Of Record Via U.S. Mail (P.O. Box 541, Santa Ynez, CA) 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A Mark T, Coffin, State Bar No. 168571 MARK T. COFFIN, P.C. 21 E. Carrillo Street, Suite 240 Santa Barbara, California 93101 Telephone: (805) 248-7118 Facsimile: (866) 567-4028 Email: nie @)markcofliniaw.com Attomeys for Plaintiff DAVID G. BERTRAND and DOROTHY CHURCHILL-JOHNSON SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF SANTA BARBARA i0 DAVID G. BERTRAND, an Individual, Case No. 19CV02429 DOROTHY CHURCHILL-JOHNSON, an ll Individual, SUPPLEMENTAL INTERROGATORIES TO 12 Plaintiff, DEFENDANT JESSICA BERRY 13 ¥S. [CALIFORNIA CODE OF CIVIL 14 JESSICA BERRY, an Individual, and DOES 1 PROCEDURE § 2030.070(A)] through 100, Inclusive, 15 Assigned for all purposes (o the Hon. Colleen K. Sterne Defendants. 16 t Dept: 5 17 St Complaint Date: May 7, 2019 Trial Date: No Trial Date Set 18 19 20 21 22 PROPOUNDING PARTY: Plaintiff, DAVID G. BERTRAND and DOROTHY 23 CITURCIILL-JOHNSON 24 RESPONDING PARTY: Defendant, JESSICA BERRY 25 SET NUMBER: SUPPLEMENTAL 26 DATE/TIME: Wednesday, August 26, 2020 27 28 1 SUPPLEMENTAL INTERROGATORIES TO DEFENDANT JESSICA BERRY Pursuant to California Code of Civil Procedure § 2030.070(a), et seq., Plaintiffs, DAVID G. BETRAND and DOROTHY CHURCHIIL-JOHNSON (hereinafter “Plaintiffs”} hereby request that Defendant JESSICA BERRY (hereinafter “Defendant”) respond under oath within thirty (30) days of service of this request, in addition lo any statutory extension pursuant to California Code of Civil Procedure § 1013, to the supplemental interrogatory set forth below in order to elicit any later acquired information bearing on all answers previously made by Defendant in response to all interrogatories, both form and special, that were previously propounded by Plaintiffs. SUPPLEMENTAL REQUEST NO. 1: 10 Please review YOUR responses to interrogatories, both form and special, and requests for ll admissions previously served by Plaintiffs on YOU in this action. If for any reason any answer is no 12 longer correct and complete, identify the answer and state whatever information is necessary to 13 make answer correct and complete as of this date. i4 15 DATED: July 27, 2020 MARK T. COFFIN, P.C. 16 17 By: Male. Coffin 18 Attorneys for Plaintiffs DAVID G. BERTRAND and DOROTITY CHURCHU.L-JOHNSON 19 20 21 22 23 24 25 26 27 28 2 SUPPLEMENTAL INTERROGATORIES TO DEFENDANT JESSICA BERRY PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA lam employed in the County of Santa Barbara, State of California. | am over the age of 18 years and not a party to this action. My business address is 21 E. Carrillo Street, Suite 240, Santa Barbara, California 93101. On July 27, 2020, I served the foregoing documents described as SUPPLEMENTAL INTERROGATORIES TO DEFENDANT JESSICA BERRY, on the interested parties in this action SEE ATTACHED SERVICE LIST K BY U.S. MAIL: This document was served by United States mail through the US Postal Service. I enclosed the document in a sealed envelope or package addressed to the person(s) at the address(es) above and placed the envelope(s) for collection and mailing, following our ordinary business practices. I am readily familiar with this firm’s practice of collecting and processing correspondence for mailing. On the same day that correspondence is placed for 10 collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service at Santa Barbara, California, in a sealed envelope with postage fully ll paid 12 BY FACSIMILE: The document(s) were served by facsimile. The facsimile transmission was without error and completed prior to 5:00 p.m. A copy of the transmission report is 13 available upon request. 14 BY OVERNIGHT DELIVERY: The document(s) were served by overnight delivery via OnTrac. I enclosed the document in a sealed envelope or package addressed to the person(s) 15 and the address(es) above and placed the envelope(s) for pick-up by OnTrac. I am readily familiar with the firm’s practice of collection and processing correspondence on the same day 16 with this courier service, for overnight delivery. 17 VIA EMAIL; I served the documents above on all parties via electronic mail, to the addresses as listed on the attached service list, following my employer’s business practice for 18 collection and processing of correspondence. Such electronic transmission was reported as complete and without error on this date. 19 (State) I declare under penalty of perjury under the laws of the State of California that the 20 foregoing is true and correct. 21 Executed on July 27, 2020, at Santa Barbara, 2s # ‘taal 22 23 24 Scott at 25 26 27 28 SUPPLEMENTAL INTERROGATORIES TO DEFENDANT JESSICA BERRY SERVICE LIST Address Party Jessica Berry JESSICA BERRY, in pro per. P.O. Box 541 Santa Ynez, CA 93460 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 SUPPLEMENTAL INTERROGATORIES TO DEFENDANT JESSICA BERRY 10 11 12 EXHIBIT B 13 14 15 16 July 27, 2020, Plaintiffs' Supplemental Discovery (Request for Production of Documents, Set One) Served On Defendant Jessica Berry's Address Of Record 17 Via U.S. Mail (P.O. Box 541, Santa Ynez, CA) 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT B Mark T. Coffin, State Bar No. 168571 MARK T. COFFIN, P.C. 21 E. Carrillo Street, Suite 240 Santa Barbara, California 93101 Telephone: (805) 248-7118 Facsimile: (866) 567-4028 Email: mtc@markcoffinlaw.con Attorneys for Plaintiff DAVID G. BERTRAND and DOROTHY CHURCHILL-JOHNSON SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF SANTA BARBARA 10 DAVID G. BERTRAND, an Individual, Case No. 19CV02429 DOROTHY CHURCHILL-~JOHNSON, an 1 Individual, SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS TO 12 Plaintiff, DEFENDANT JESSICA BERRY 13 ¥S. [CALIFORNIA CODE OF CIVIL 14 JESSICA BERRY, an Individual, and DOES 1 PROCEDURE § 2031.050(A)] through 100, Inclusive, 1§ Assigned for all purposes to the Hon. Colleen K. Sterne Defendants. 16 Dept: S Complaint Date: May 7, 2019 17 Trial Date: No Trial Date Set 18 19 20 21 22 PROPOUNDING PARTY: Plaintiff, DAVID G. BERTRAND and DOROTHY 23 CHURCHILL-JOHNSON 24 RESPONDING PARTY: Defendant, JESSICA BERRY 25 SET NUMBER: SUPPLEMENTAL 26 DATE/TIME: Wednesday, August 26, 2020 27 28 1 SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT JESSICA BERRY Pursuant to Califomia Code of Civil Procedure § 2031.050(a), et seq., Plaintiffs, DAVID G. BETRAND and DOROTHY CHURCHILL-JOHNSON (hereinafter “Plaintiffs”) hereby request that Defendant JESSICA BERRY (hereafter “Defendant”) respond under cath within thirty (30) days of service of this request, in addition to any statutory extension pursuant to California Code of Civil Procedure § 1013, lo the supplemental request for production of documents set forth below in order to elicit any later acquired or discovered documents, writings, and/or other tangible things that are in the possession, custody, and/or control of Defendant, bearing on alt responses and/or document productions previously made by Defendant, and that are responsive to any and all requests for production that were previously propounded by Plaintiffs. 10 Plaintiffs, therefore, demand that Defendant produce and permit the inspection, copying, il measuring, and/or photographs of the following documents, evidence, and/or other tangible things 12 listed below at the Law Office of Mark T. Coffin, P.C., located at 21 E. Carrillo Street, Suite 240, 13 Santa Barbara, CA 93101, on August 26, 2020, at 10:00 a.m.., or at such sooner date and time as 14 Defendant and Plaintiff may agree. In lieu of production on that dale, copies of the responsive 15 documents, writings, evidence, and/or other tangible things may be sent to the Law Office of Mark 16 T. Coffin, to be received by the date of production set forth above. 17 SUPPLEMENTAL RE UEST NO. 1: 18 Please review YOUR responses to request for production of documents previously served on 19 YOU in this action by Plaintiffs, DAVID G. BERTRAND and DOROTHY CHURCHILL- 20 JOHNSON. If for any reason any response is no longer correct and complete, identify (he response 21 and produce any and ail DOCUMENTS and writings (as defined by Califomia Evidence Code § 22 250) and/or other tangible things, in order to make that response correct and complete as of this date. 23 DATED: July 27, 2020 MARK T. COFFIN, P.C. 24 25 By: . Coffin 26 Attomeys for Plaintiffs DAVID G. BERTRAND and DOROTHY CHURCHILL-JOHNSON 27 28 SUPPLEMENTAT. REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT JESSICA BERRY PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA Tam employed in the County of Santa Barbara, State of California. I am over the age of 18 years and not party to this action. My business address is 21 E. Carrillo Street, Suite 240, Santa Barbara, California 93101. On July 27, 2020, I served the foregoing documents described as SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT JESSICA BERRY, on the interested parties in this action: SEE ATTACHED SERVICE LIST ¥ BY U.S. MAIL: This document was served by United States mail through the US Postal Service. I enclosed the document in a sealed envelope or package addressed to the person(s} at the address(es) above and placed the cnvelope(s} for collection and mailing, following our ordinary business practices. | am readily familiar with this firm’s practice of collecting and processing correspondence for mailing. On the same day that correspondence is placed for 10 collection and mailing, it is deposited in the ordinary course of business with the United States Posta! Service at Santa Barbara, California, in a sealed envelope with postage fully il paid. 12 BY FACSIMILE: The document(s) were served by facsimile. The facsimile transmission was without error and completed prior to 5:00 p.m. A copy of the transmission report is 13 available upon request. 14 BY OVERNIGHT DELIVERY: The document(s) were served by overnight delivery via OnTrac. I enclosed the document in a sealed envelope or package addressed to the person(s) 15 and the address(es) above and placed the envelope(s) for pick-up by OnTrac. | am readily familiar with the firm’s practice of collection and. processing correspondence on the same day 16 with this courier service, for overnight delivery. 17 VIA EMAIL: I served the documents above on all parties via electronic mail, to the addresses as listed on the attached service list, (ollowing my employer’s business practice for 18 collection and processing of correspondence, Such clectronic transmission was reported as omplete and without error on this date. 19 {State) 1 declare under penalty of perjury under the laws of the State of California that the 20 foregoing is true and correct, 21 22 23 j Sed 24 Scott A. Jaske 25 26 27 28 3 SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT JESSICA BERRY SERVICE LIST Address Party Jessica Berry JESSICA BERRY, in pro per. P.O. Box 541 Santa Ynez, CA 93460 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ey SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT JESSICA BERRY 10 11 12 EXHIBIT C 13 14 15 August 5, 2020, Electronic Correspondence From Mark Coffin To Jessica 16 Berry Requesting Her Supplemental Discovery Responses 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT C From: Mark Coffin Sent: Wednesday, August 5, 2020 12:46 PM To: Jessi Ber; Jan Kaestner CC: Scott Jaske Subject: Jessica Berry Deposition Noticed for 9/9/2020 Jan, I continue to be puzzled by Ms. Berry's communications, and the representations that you "will be removed" as Ms. Berry's counsel. Meanwhile however, I understand that you are still her counsel of record in the Labor Commissioner appeal case. Y ou called me recently to request that we move the September 9, 2020 date which has been noticed for Ms. Berry's deposition. I am happy to accommodate this request, assuming you will be acting as her counsel. However, I requested that you provide some clear dates when both you ‘Tesponseson 8/26/2020, and before the next CMC on 9/21/2020. I have not received any new dates from you yet. Please get back to me by the end of this week if you still want to move the date. I want you and Ms. Benry to be aware that if she does not appear for her deposition as noticed, I intend to take a certificate of non-appearance for a motion to compel. Mark T. Coffin LAW OFFICE OF MARK T. COFFIN, P.C. 21 E. Carrillo Street, Suite 240 Santa Barbara, CA 93101 O: 805-248-7118 Tollfree: 800-976-3402 F: 805-567-4028 E: mtc@ markcoffinlaw.com CONFIDENTIAL/ATTORNEY CLIENT PRIVILEGE: This e-mail message and any attachments are intended solely for the individual or entity to which it is addressed and is confidential. If the reader of this message and any attachments is not the intended recipient, you are hereby notified that any examination, distribution, or copying of the material is strictly prohibited. If you received this message in error, please notify the sender promptly and delete this message and any attachments. anesOriginal Message---- From: Jessi Ber Sent: Wednesday, August 05, 2020 12:23 PM To: Jan Kaestner Ce: Mark Coffin Subject: Y ou really going to let Coffin pass the liability for mis-representation to you? PLEASE/ TELL MARK COFFIN SORRY, BUT HIS LATEST SCHEME WILL NOT WORK. GET OVER IT. (I do like how Coffin made reference to “RULES” Perhaps he should follow those more; even when it does not particularly or greatly benefit him.) I am hereby with this email requesting Mark Coffin send back to me directly via email all discovery questions in their entirety, and the answers which have so far been provided by either party so far and FOR BOTH LAWSUITS. This information should be EMAILED straight from Coffin, since I no longer have a residence to send this info to. We remaining in this course of action all need to be on the same page. That is a procedural ‘rule > of evidence after all... Still wishing you had been on the good-girl team Mr. Kaestner. In return for the additional time in, you might have actually been handsomely rewarded; and that just for doing the right thing! Jessica MSent from my iPhone 10 11 12 EXHIBIT D 13 14 15 August 7, 2020, Electronic Correspondence From Defendant Jessica Berry To 16 Mark Coffin Confirming She Will Produce Supplemental Discovery 17 Responses To Plaintiffs 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT D From: Jessi Ber Sent: Friday, August 7, 2020 6:32 PM To: Mark Coffin CC: Jan Kaesiner; Scott Jaske Subject: Re: Jessica Berry Deposition Notice of requirement to reschedule Greetings- I will get back to you about the deposition when I have the opportunity to commit to some date and time. I have been busy. Meanwhile, there is no need for emails that are silly banter between the two of you; colluding attorneys whom are both working for the same side... David Bertrand’s. There are no words to express my empathy for the state of your careers. Being forced to scam and defraud a vulnerable woman in order to make a living must provide some terrific sense of shame. In youth, you probably never imagined running schemes, such as you are now, would be how your hard won law degree was put to use. I pray that you both have better days, and a well purposed life ahead of you. I am representing myself on all matters and for all Santa Barbara Court cases. You may both I will expect to receive from your side a copy of all discovery, coming to me via email from Mark Coffin; both sides questions and also any answers, confirming all information for all sets. If you do not, I will compel this information plus file a motion for sanctions from Mark Coffin. Have a nice weekend and stay safe. Regards, Jessica Berry Sent from my iPhone >On Aug 7, 2020, at 1:01 PM, Mark Coffin wrote: > Jan, 10 11 12 EXHIBIT E 13 14 15 September 11, 2020, Electronic Correspondence from Mark Coffin to Jessica Berry 16 Informing Her That Her Responses To Plaintiffs' Supplemental Discovery Was Overdue 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT E From: Mark Coffin Sent: Friday, September 11, 2020 3:58 PM To: Jessi Ber; Jan Kaestner CC: Scott Jaske Subject: RE: Deposition I have not agreed to Ms. Beny, Y our deposition was noticed over a month ago, and I agreed to continue the date because your attorney for the Labor Commission action, Mr. Kaestner, told me that he was unavailable and needed to move the date because of his vacation. The date of 9/17/2020 was selected because Mr. Kaestner indicated he was available that day. Y ou, on the other hand, have not provided any dates for your deposition. I normally extend this courtesy to any deponent, and I extended it to you in this case. However, you have never cooperated by providing a date that you were available for deposition, in spite of repeated requests. As for written discovery, you are incorrect that "no discovery has been provided for either case." Actually, quite a bit of written discovery has been propounded and responded to by both parties. I will send a separate meet and confer letter to you, in the hopes of avoiding another motion to compel and another round of sanctions. Lastly, if you wish to communicate with me, please use my email address, which is: mtc@ markcoffinlaw.com. My paralegal Scott Jaske is not in a position to answer your questions. Thank you, Mark T. Coffin LAW OFFICE OF MARK T. COFFIN, P.C. 21 E. Carrillo Street, Suite 240 Santa Barbara, CA 93101 O: 805-248-7118 Tollfree: 800-976-3402 F: 805-567-4028 E: mtc@ markcoffinlaw.com CONFIDENTIAL/ATTORNEY CLIENT PRIVILEGE: This e-mail message and any attachments are intended solely for the individual or entity to which it is addressed and is confidential. If the reader of this message and any attachments is not the intended recipient, you are hereby notified that any examination, distribution, or copying of the material is strictly prohibited. If you received this message in error, please notify the sender promptly and delete this message and any attachments. 10 11 12 EXHIBIT F 13 14 15 September 11, 2020, Electronic Correspondence from Scott Jaske to Jessica Berry 16 Transmitting Plaintiffs’ Meet and Confer Letter Re: Supplemental Written Discovery 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT F Bertrand v_ Berry - Meet and Confer Letter.htm From: Scott Jaske Sent: Friday, September 11, 2020 4:41 PM To: Jessi Ber CC: Mark Coffin Subject: Bertrand v. Berry - Meet and Confer Letter Attachments: 20.09.11, MTC, Berry, re M&C on Supp Dsc Responses.pdf Dear Ms. Berry, Please see the attached from our office. A physical copy has been sent via US Mail concurrently. Thank you. Scott Jaske Paralegal MARK T. COFFIN, P.C. 21 E. Carrillo Street, Suite 240 Santa Barbara, CA 93101 O: 805-248-7118 Tollfree: 800-976-3402 F: 805-567-4028 E: Scott@markcoffinlaw.com CONFIDENTIAL/ATTORNEY CLIENT PRIVILEGE: This e-mail message and any attachments are intended solely for the individual or entity to which it is addressed and is confidential. If the reader of this message and any attachments is not the intended recipient, you are hereby notified that any examination, distribution, or copying of the material is strictly prohibited. If you received this message in error, please notify the sender promptly and delete this message and any attachments. THE LAW OFFICE OF MARK T. COFFIN 21 E. Carrillo Street, Suite 240 Santa Barbara, CA 93101 PHONE: 805-248-7118 TOLLFREE: 800-976-3402 FAX: 805-567-4028 mtc@markcoffinlaw.com September 11, 2020 MEET AND CONFER CORRESPONDENCE VIA U.S. MAIL TO: Jessica Berry Jessica Berry P.O. Box 541 P.O, Box 432 Santa Ynez, CA 93460 Solvang, CA 93463 Re: Bertrand, et al. v. Ber y (SBSC Case No: 19CV02429 Dear Ms. Berry, On July 27, 2020, our office propounded written discovery via U.S. mail to your P.O. Box, as follows: Supplemental Interrogatories to Defendant Jessica Berry Supplemental Request for Production of Documents to Defendant Jessica Berry No extension to respond to this discovery were requested or granted. The supplemental discovery responses are now overdue, and all objections have been waived pursuant to the Code of Civil Procedure. Kindly provide verified responses, without objection, to this office by no later than Wednesday, September 16, 2020, If we have not received responses by that date, we intend to file a motion to compel and request for sanctions for the expense thereof. Please contact me if you have any questions. Very truly yours, fark T. Coffin MTC:saj 10 11 12 EXHIBIT G 13 14 15 September 21, 2020, Electronic Correspondence From Mark Coffin To Jessica Berry 16 Requesting Responses To Plaintiffs' Supplemental Discovery 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT G From: Mark Coffin Sent: Monday, September 21, 2020 6:05 PM CC: J an Kaestner BCC: dorothy@ churchill-johnson.com Subject: Final Meet and Confer before Motion to Compel Ms. Berry and Mr. Kaestner, This will constitute our final meet and confer attempt before filing a motion to compel a response to Supplemental Written Discovery (in both cases) as well as Ms. Berry’s deposition. ‘1, ___ Please provide a date within the next two weeks by which you will provide verified responses to the supplemental interrogatories and requests for production in “each case. 2 Please provide one or more dates, at least two weeks after the production date, for Ms. Berry’s deposition. We will try to complete the deposition in one day for both cases. Frankly | am not clear on Ms. Berry’s request for “all discovery.” As far as | am aware, there is no discovery outstanding to my clients that we have not already responded to. Please confirm. Furthermore, the 45-day deadline for her to file a motion to compel has already run on all of her prior discovery in both cases. lam purely guessing here. If Ms. Berry is requesting duplicate copies of responses that we previously served, please clarify. If so and she is requesting duplicate copies of discovery responses previously provided in the Labor Commission appeal, Mr. Kaestner is already in possession of our responses and she can obtain them from her own attorney. If she is requesting duplicate copies of our discovery responses in my clients’ Defamation/Elder Action, then | can offer two suggestions: 1 If Ms. Berry will cover the cost of duplicating and printing of hardcopies, then she can contact FedEx and make arrangements to pay them directly for printing costs. Upon receipt of that confirmation, | will send the responses to FedEx electronically, so that they can be printed at her expense. 2 Alternatively, if Ms. Berry wishes, we can put PDF copies of the responses onto a thumb drive and mail it to her. In any event, her request for “prior discovery” is not a valid reason to delay her deposition. Please respond to the questions above on or by Wednesday of this week, i.e. by 9/23/2020. After that we will prepare and file another motion to compel, and we will seek sanctions for her refusal to comply. Very truly yours, Mark T. Coffin LAW OFFICE OF MARK T. COFFIN, P.C. 21 E. Carrillo Street, Suite 240 10 11 12 EXHIBIT H 13 14 15 September 24, 2020, Electronic Correspondence From Jan Kaestner To 16 Mark Coffin Confirming Jessica Berry Will Provide Responses to 17 Plaintiffs’ Supplemental Discovery 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT H From: Jan Kaestner Sent: Thursday, September 24, 2020 5:38 AM To: Mark Coffin CC: Cassandra Bija Subject: Berry v Bertrand Mark, | met with Ms. Berry yesterday and we are available on 10/7, 10/8 & 10/9, for her deposition. We will be providing supplemental discovery responses within the next seven days. Best regards, jek Jan Eric Kaestner, Esq Attorney at Law ~ f GHITTERMAN, GHITTERMAN & FELD Cr MAILING ADDRESS 418 East Canon Perdido Street Sante Barbara, CA 93101 P: (805) 965-4540 a F: (805) 965-5009 rkcomp@ghitterman.com M ghitterman.com ‘This message is protected by the Electronic Communications Act, 19 U.S.C. Sections 2510-2521 and is confidentialand subject to pervilege, including, but not limited to the attorney-client privilege. Contained in this message & intended only for the use of identified It you are not the intended reopen. you ae noted that any dissemination, closure o copying of te communication. cludingot have received this in error, please immediately notity ty etonienat ans prone (80S) 965-4540. Please destroy this original message. es 10 11 12 EXHIBIT I 13 14 15 September 24, 2020, Electronic Correspondence From Mark Coffin To Jan Kaestner 16 With A Carbon Copy To Jessica Berry Requesting Responses To Plaintiffs' Supplemental Discovery 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT I From: Mark Coffin Sent: Thursday, September 24, 2020 2:55 PM To: Jan Kaestner CC: Cassandra Bija; Jessi Ber; Scott Jaske Subject: RE: Berry v Bertrand Thank you Jan. Of the 3 dates you provided, | am only available on Wednesday October 7", and only if | move my schedule around. If you can get me the supplemental responses and any document production by next Wednesday 10/7/2020, | will send out a notice on Monday for the deposition. | will also be filing a motion to compel. If we can accomplish the written discovery and deposition prior to the hearing date, | will take it off calendar. Let me know if that is acceptable. Mark T. Coffin LAW OFFICE OF MARK T. COFFIN, P.C. 21 E. Carrillo Street, Suite 240 Santa Barbara, CA 93101 O: 805-248-7118 Tollfree: 800-976-3402 F: 805-567-4028 E: mtc@markcoffinlaw.com ‘(ONFIDENTIAL/ATTORNEY CLIENT PRIVILEGE: This e-mail message and any attachments are intended solely for the individual or entity to which it is addressed and is confidential. If the reader of this message and any attachments is not the intended recipient, you are hereby notified that any examination, distribution, or copying of the material is strictly prohibited. If you received this message in error, please notify the sender promptly and delete this message and any attachments. From: Jan Kaestner Sent: Thursday, September 24, 2020 5:38 AM To: Mark Coffin Cc: Cassandra Bija Subject: Berry v Bertrand Mark, | met with Ms. Berry yesterday and we are available on 10/7, 10/8 & 10/9, for her deposition. We will be providing supplemental discovery responses within the next seven days. Best regards, jek 10 11 12 EXHIBIT J 13 14 15 October 6, 2020, Declaration of Mark T. Coffin In Support Of Motion To Compel 16 Which Included Plaintiffs' Supplemental Discovery As Exhibits A and B, 17 Exhibits C Through H Were Intentionally Omitted 18 19 20 21 22 23 24 25 26 27 28 EXHIBITJ ELECTRONICALLY FILED Superior Court of California County of Santa Barbara Mark T. Coffin, State Bar No. 168571 Darrel E. Parker, Executive Officer MARK T. COFFIN, P.C. 10/6/2020 4:46 PM 21 E. Carrillo Street, Suite 240 By: Terri Chavez, Deputy Santa Barbara, California 93101 Telephone: (805) 248-7118 Facsimile: (866) 567-4028 Email: mtc@markcoffinlaw.com Attorneys for Plaintiff DAVID G. BERTRAND and DOROTHY CHURCHILL-JOHNSON SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF SANTA BARBARA 10 DAVID G. BERTRAND, an Individual, Case No. 19CV02429, Related with DOROTHY CHURCHILL-JOHNSON, an Case No. 19CV02357 11 Individual, DECLARATION OF MARK T. 12 Plaintiff, COFFIN IN SUPPORT OF MOTIONS 13 TO COMPEL VS. 14 Date: November 9, 2020 JESSICA BERRY, an Individual, and DOES 1 Time: 10:00 a.m. through 100, Inclusive, 15 Dept: 5 (Via ZOOM Platform): Defendants. 16 MEETING ID: 959 8605 7786 PASSWORD: 9863224 17 Assigned for all purposes to the 18