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16CV300096
Santa Clara — Civil
Fred W. Schwinn (SBN 225575) electronically Giled
Raeon R. Roulston (SBN 255622) by Superior Court of CA,
Matthew C. Salmonsen (SBN 302854) County of Santa Clara,
CONSUMER LAW CENTER, INC. on 1/15/2021 2:19 PM
1435 Koll Circle, Suite 104 Reviewed By: R. Walker
San Jose, California 95112-4610 Case #16CV300096
Telephone Number: (408) 294-6100 Envelope: 5653933
Facsimile Number: (408) 294-6190
Email Address: fred.schwinn@sjconsumerlaw.com
Attorneys for Defendant/Cross-Complainant
MARIA ANTONIA CANUL
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
VELOCITY INVESTMENTS, LLC, Case No. 16CV300096
(Unlimited Civil Case)
Plaintiff,
v NOTICE OF MOTION AND MOTION TO
COMPEL FURTHER RESPONSES TO
MARIA ANTONIA CANUL, INTERROGATORIES, REQUEST FOR
Defendant, PRODUCTION OF DOCUMENTS,
DOCUMENTS RESPONSIVE THERETO,
AND FOR MONETARY SANCTIONS
AGAINST VELOCITY INVESTMENTS,
LLC
MARIA ANTONIA CANUL, on behalf of
herself and all others similarly situated, [C.C.P. §§ 2030.300 and 2031.310]
Cross-Complainant, Hearing Date: February 24, 2021
Hearing Time: 1:30 p.m.
v. Hearing Dept.: 3
VELOCITY INVESTMENTS, LLC, a New ic arins Teaco ee nautica Ma Eucas
Jersey limited liability company; and ROES Hearing Location: 191 North First Street
1 through 10, inclusive, San Jose, California
Cross-Defendants.
TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREIN:
PLEASE TAKE NOTICE that on February 24, 2021, at 1:30 p.m. in Department 3 of the Santa
Clara Superior Court, located at 191 North First Street, San Jose, California, Defendant/Cross-
Complainant, MARIA ANTONIA CANUL (hereinafter “CANUL”), will move the Court for an order
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NOTICE OF MOTION AND MOTION Case No. 16CV300096ocoU Mm ND
11
12
compelling Plaintiff/Cross-Defendant, VELOCITY INVESTMENTS, LLC (“VELOCITY”), to: 1)
provide accurate, code-compliant responses to CANUL’s Form Interrogatories (Set One), Special
Interrogatories (Set One), and Request for Production of Documents and Electronically Stored
Information (Set One), without objection; 2) produce all documents and ESI in its possession, custody
or control that are responsive to CANUL’s Request for Production of Documents and Electronically
Stored Information (Set One); and 3) pay a monetary sanction in an amount equal to CANUL’s
reasonable expenses, including attorney’s fees and costs incurred in the amount of $6,017.52 in
bringing this motion and attending the hearing, pursuant to Code of Civil Procedure §§ 2023.010,
2023.030(a), 2030.300(d) and 2031.310(h).
This Motion is made on the grounds that VELOCITY has provided boilerplate objections in
response to CANUL’s discovery requests that have been waived, failed to provide accurate and code-
compliant responses thereto, failed to make a complete document production responsive to CANUL’s
Request for Production of Documents and Electronically Stored Information (Set One), and that this
failure and refusal to provide code-compliant responses and/or document production is willful and
without substantial justification.
This Motion is based upon this Notice, the attached Memorandum of Points and Authorities, the
accompanying Separate Statement and Declaration, all the pleadings, records, and papers on file in this
action, and upon such further evidence as may be presented at hearing.
CONSUMER LAW CENTER, INC.
Dated: January 15, 2021 By: _/s/ Matthew C. Salmonsen
OFred W. Schwinn (SBN 225575)
ORaeon R. Roulston (SBN 255622)
[xX] Matthew C. Salmonsen (SBN 302854)
x
Attorneys for Defendant/Cross-Complainant
MARIA ANTONIA CANUL
NOTICE OF MOTION AND MOTION Case No. 16CV300096
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ocoU Mm ND 16CV300096 Santa Clara — Civil Fred W. Schwinn (SBN 225575) electronically Giled Raeon R. Roulston (SBN 255622) by Superior Court of CA, Matthew C. Salmonsen (SBN 302854) County of Santa Clara, CONSUMER LAW CENTER, INC. on 1/15/2021 2:19 PM 1435 Koll Circle, Suite 104 Reviewed By: R. Walker San Jose, California 95112-4610 Case #16CV300096 Telephone Number: (408) 294-6100 Envelope: 5653933 Facsimile Number: (408) 294-6190 Email Address: fred.schwinn@sjconsumerlaw.com Attorneys for Defendant/Cross-Complainant MARIA ANTONIA CANUL SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA VELOCITY INVESTMENTS, LLC, Case No. 16CV300096 (Unlimited Civil Case) Plaintiff, v NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO MARIA ANTONIA CANUL, INTERROGATORIES, REQUEST FOR Defendant, PRODUCTION OF DOCUMENTS, DOCUMENTS RESPONSIVE THERETO, AND FOR MONETARY SANCTIONS AGAINST VELOCITY INVESTMENTS, LLC MARIA ANTONIA CANUL, on behalf of herself and all others similarly situated, [C.C.P. §§ 2030.300 and 2031.310] Cross-Complainant, Hearing Date: February 24, 2021 Hearing Time: 1:30 p.m. v. Hearing Dept.: 3 VELOCITY INVESTMENTS, LLC, a New ic arins Teaco ee nautica Ma Eucas Jersey limited liability company; and ROES Hearing Location: 191 North First Street 1 through 10, inclusive, San Jose, California Cross-Defendants. TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREIN: PLEASE TAKE NOTICE that on February 24, 2021, at 1:30 p.m. in Department 3 of the Santa Clara Superior Court, located at 191 North First Street, San Jose, California, Defendant/Cross- Complainant, MARIA ANTONIA CANUL (hereinafter “CANUL”), will move the Court for an order -1- NOTICE OF MOTION AND MOTION Case No. 16CV300096ocoU Mm ND 11 12 compelling Plaintiff/Cross-Defendant, VELOCITY INVESTMENTS, LLC (“VELOCITY”), to: 1) provide accurate, code-compliant responses to CANUL’s Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents and Electronically Stored Information (Set One), without objection; 2) produce all documents and ESI in its possession, custody or control that are responsive to CANUL’s Request for Production of Documents and Electronically Stored Information (Set One); and 3) pay a monetary sanction in an amount equal to CANUL’s reasonable expenses, including attorney’s fees and costs incurred in the amount of $6,017.52 in bringing this motion and attending the hearing, pursuant to Code of Civil Procedure §§ 2023.010, 2023.030(a), 2030.300(d) and 2031.310(h). This Motion is made on the grounds that VELOCITY has provided boilerplate objections in response to CANUL’s discovery requests that have been waived, failed to provide accurate and code- compliant responses thereto, failed to make a complete document production responsive to CANUL’s Request for Production of Documents and Electronically Stored Information (Set One), and that this failure and refusal to provide code-compliant responses and/or document production is willful and without substantial justification. This Motion is based upon this Notice, the attached Memorandum of Points and Authorities, the accompanying Separate Statement and Declaration, all the pleadings, records, and papers on file in this action, and upon such further evidence as may be presented at hearing. CONSUMER LAW CENTER, INC. Dated: January 15, 2021 By: _/s/ Matthew C. Salmonsen OFred W. Schwinn (SBN 225575) ORaeon R. Roulston (SBN 255622) [xX] Matthew C. Salmonsen (SBN 302854) x Attorneys for Defendant/Cross-Complainant MARIA ANTONIA CANUL NOTICE OF MOTION AND MOTION Case No. 16CV300096