Preview
5/17/2021
1 DAVID P. NEMECEK, JR. (State Bar No. 194402)
david@fortress-law.com
2 THE FORTRESS LAW FIRM, INC.
50 California Street, Suite 1500
3 San Francisco, CA 94111
Telephone: (415) 277-5400
4 Facsimile: (415) 723-7370
Attorneys for Plaintiffs and Cross-Defendants
5 BOOTUP VENTURES, LLC and BOOSTCARE dba
BOOTUP WORLD and Cross-Defendants MARCO
6 TEN VAANHOLT and MUKUL AGARWAL
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
COUNTY OF SAN MATEO
9
UNLIMITED JURISDICTION
10
11 BOOTUP VENTURES, LLC and Case No. 18CIV06232
BOOSTCARE dba BOOTUP WORLD,
12 NOTICE OF MOTION AND MOTION BY
Plaintiffs, PLAINTIFF AND CROSS-DEFENDANT
13 BOOTUP VENTURES, LLC TO COMPEL
v. FURTHER RESPONSES BY DEFENDANTS
14 AND CROSS-COMPLAINANTS TARUN
TARUN GAUR, TRINGAPPS INC., GAUR, JINIGRAM, LLC AND
15 JINIGRAM, LLC, DIAL2BUY.COM, LLC, DIAL2BUY.COM, LLC TO FIRST SETS OF
RAVI KUMAR aka SHAWN KUMAR and REQUESTS FOR PRODUCTION, SPECIAL
16 DOES 1-20, INTERROGATORIES, REQUESTS FOR
ADMISSION AND FOR MONETARY
17 Defendants. SANCTIONS
18 Date: August 30, 2021
Time: 2:00 p.m.
19 Dept.: 23
Judge: Hon. V. Raymond Swope
20
Action Filed: November 19, 2018
21 Trial Date: None
22 AND RELATED CROSS-COMPLAINT.
23 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
24 PLEASE TAKE NOTICE that at 2:00 p.m. on August 30, 2021, or as soon thereafter as
25 counsel may be heard in Department 23 of the above-referenced court, located at 400 County
26 Center Drive in Redwood City, California 94063, Plaintiff and Cross-Defendant BootUp
27 Ventures, LLC (“BootUp Ventures”) will move, and hereby does move the Court for an order
28 NOTICE OF MOTION AND MOTION BY BOOTUP VENTURES, LLC TO COMPEL FURTHER RESPONSES
BY DEFENDANTS TARUN GAUR, JINIGRAM, LLC AND DIAL2BUY.COM, LLC TO FIRST SETS OF
REQUESTS FOR PRODUCTION, SPECIAL INTERROGATORIES, REQUESTS FOR ADMISSION AND FOR
MONETARY SANCTIONS
1
compelling Defendant and Cross-Complainant Tarun Gaur (“Gaur”) to produce all documents in
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his possession, custody and control that are responsive to Request for Production Nos. 7-8, 10-17,
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19-26, 28-30, 32-34, 36-38, 40-42, 44-46, 48-50, 52-54, 56-58, 60-62, 64-66, 68-69, 70, 72-74,
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76-78, 80-82, 85-87, 88-89, 101-103, 130, 140-143 and 145-148 that are contained the First Set of
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Requests for Production (the “Document Requests”) that BootUp Ventures propounded in this
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matter on April 29, 2020. BootUp Ventures further moves this Court for an order compelling
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Defendants and Cross-Complainants Jinigram, LLC (“Jinigram”) and Dial2buy.com, LLC
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(“Dial2buy.com”) to produce all documents in their possession, custody and control that are
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responsive to Request for Production Nos. 5-11, 12-13, 15-16, 18-33, 44, 80-83 and 85 that
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BootUp Ventures propounded in this matter on April 29, 2020.
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BootUp Ventures further moves this Court for an order compelling Gaur, Jinigram and
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Dial2buy.com to produce a privilege log or otherwise identify with particularity all documents
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they withheld on grounds of privilege in compliance with Code of Civil Procedure section
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2031.240(b)(1).
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BootUp Ventures further moves this Court for an order compelling Gaur to provide
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further responses to Special Interrogatories Nos. 36-66 that are contained in the First Set of
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Special Interrogatories that BootUp Ventures propounded in this matter on April 29, 2020.
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BootUp Ventures further moves this Court for an order compelling Jinigram and Dial2buy.com to
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provide further responses to Special Interrogatory Nos. 1-66 that are contained in the First Set of
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Special Interrogatories that BootUp Ventures propounded in this matter on April 29, 2020.
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BootUp Ventures further moves this Court for an order compelling Gaur to provide
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further responses to Request for Admission Nos. 26-43 that are contained in the First Set of
23
Requests for Admission that BootUp Ventures propounded in this matter on April 29, 2020.
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BootUp Ventures further moves this Court for an order compelling Jinigram and Dial2buy.com to
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provide further responses to Request for Admission Nos. 4-7 and 14-30 that BootUp Ventures
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propounded in this matter on April 29, 2020.
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28 NOTICE OF MOTION AND MOTION BY BOOTUP VENTURES, LLC TO COMPEL FURTHER RESPONSES
BY DEFENDANTS TARUN GAUR, JINIGRAM, LLC AND DIAL2BUY.COM, LLC TO FIRST SETS OF
REQUESTS FOR PRODUCTION, SPECIAL INTERROGATORIES, REQUESTS FOR ADMISSION AND FOR
MONETARY SANCTIONS
1
This motion is made pursuant to Code of Civil Procedure section 2031.310, subdivisions
2
(a) and (c) on the grounds that Gaur, Jinigram and Dial2buy.com failed to conduct a diligent
3
search and a reasonable inquiry for documents that are responsive to the Document Requests and
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failed and refused to produce all documents in their possession, custody and control that are
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responsive to those Document Requests. In addition, the objections asserted by Gaur, Jinigram
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and Dial2buy.com to the Document Requests are without merit and too general.
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This motion is further made pursuant to Code of Civil Procedure section 2030.300,
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subdivisions (a) and (c) on the grounds that the responses by Gaur, Jinigram and Dial2buy.com to
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the special interrogatories that are the subject of this motion are incomplete and evasive and the
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objections they asserted to those interrogatories are without merit and too general.
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This motion is further made pursuant to Code of Civil Procedure section 2033.290(a)(1)-
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(2) on the grounds that the responses by Gaur, Jinigram and Dial2buy.com to the Requests for
13
Admission served by BootUp Ventures are incomplete and evasive and their objections to those
14
requests are without merit and too general.
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BootUp Ventures also moves this Court for an award of monetary sanctions against Gaur,
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Jinigram and Dial2buy.com and their counsel in the amount of $20,880.85 pursuant to Code of
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Civil Procedure sections 2023.010, subdivisions (d), (e) and (f), 2023.030(a), 2030.300(d),
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2031.310(h) and 2033.290(d) on the grounds that the service of incomplete and evasive responses
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to the discovery requests in question, the failure to search for and produce documents responsive
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to the Document Requests, the assertion of meritless objections to the discovery requests and the
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refusal to respond to many of the discovery requests that are the subject of this motion constitute
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misuses of the discovery process for which they cannot demonstrate substantial justification.
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BootUp Ventures further moves this Court for an award of monetary sanctions against
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Gaur, Jinigram and Dial2buy.com and their counsel in the amount of $250 pursuant to Code of
25
Civil Procedure section 2023.050(a)(1) and (3) on the grounds that Gaur, Jinigram and
26
Dial2buy.com did not respond to the requests for production that are the subject of this motion in
27
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28 NOTICE OF MOTION AND MOTION BY BOOTUP VENTURES, LLC TO COMPEL FURTHER RESPONSES
BY DEFENDANTS TARUN GAUR, JINIGRAM, LLC AND DIAL2BUY.COM, LLC TO FIRST SETS OF
REQUESTS FOR PRODUCTION, SPECIAL INTERROGATORIES, REQUESTS FOR ADMISSION AND FOR
MONETARY SANCTIONS
1
good faith and repeatedly failed to meet and confer in writing and by telephone regarding the
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discovery requests that are the subject of this motion in violation of an order issued by this Court
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on March 30, 2021.
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This motion will be based upon this Notice of Motion and Motion, the Memorandum of
5
Points and Authorities in support thereof, the declaration of David P. Nemecek, Jr. and the
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exhibits attached thereto, the Separate Statements of Discovery in Dispute filed concurrently
7
herewith, the Notice of Lodgment of Exhibits and the exhibits attached thereto, the files and
8
records of this case and such other further oral and documentary evidence as may be presented to
9
the Court prior to or at the hearing.
10
11 Dated: May 17, 2021 THE FORTRESS LAW FIRM, INC.
12
13
14 By:
15 DAVID P. NEMECEK, JR.
Attorneys for Plaintiffs and Cross-Defendants BOOTUP
16 VENTURES, LLC and BOOSTCARE dba BOOTUP
WORLD and Cross-Defendants MARCO TEN
17 VAANHOLT and MUKUL AGARWAL
18
19
20
21
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24
25
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28 NOTICE OF MOTION AND MOTION BY BOOTUP VENTURES, LLC TO COMPEL FURTHER RESPONSES
BY DEFENDANTS TARUN GAUR, JINIGRAM, LLC AND DIAL2BUY.COM, LLC TO FIRST SETS OF
REQUESTS FOR PRODUCTION, SPECIAL INTERROGATORIES, REQUESTS FOR ADMISSION AND FOR
MONETARY SANCTIONS
Preview
5/17/2021 1 DAVID P. NEMECEK, JR. (State Bar No. 194402) david@fortress-law.com 2 THE FORTRESS LAW FIRM, INC. 50 California Street, Suite 1500 3 San Francisco, CA 94111 Telephone: (415) 277-5400 4 Facsimile: (415) 723-7370 Attorneys for Plaintiffs and Cross-Defendants 5 BOOTUP VENTURES, LLC and BOOSTCARE dba BOOTUP WORLD and Cross-Defendants MARCO 6 TEN VAANHOLT and MUKUL AGARWAL 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF SAN MATEO 9 UNLIMITED JURISDICTION 10 11 BOOTUP VENTURES, LLC and Case No. 18CIV06232 BOOSTCARE dba BOOTUP WORLD, 12 NOTICE OF MOTION AND MOTION BY Plaintiffs, PLAINTIFF AND CROSS-DEFENDANT 13 BOOTUP VENTURES, LLC TO COMPEL v. FURTHER RESPONSES BY DEFENDANTS 14 AND CROSS-COMPLAINANTS TARUN TARUN GAUR, TRINGAPPS INC., GAUR, JINIGRAM, LLC AND 15 JINIGRAM, LLC, DIAL2BUY.COM, LLC, DIAL2BUY.COM, LLC TO FIRST SETS OF RAVI KUMAR aka SHAWN KUMAR and REQUESTS FOR PRODUCTION, SPECIAL 16 DOES 1-20, INTERROGATORIES, REQUESTS FOR ADMISSION AND FOR MONETARY 17 Defendants. SANCTIONS 18 Date: August 30, 2021 Time: 2:00 p.m. 19 Dept.: 23 Judge: Hon. V. Raymond Swope 20 Action Filed: November 19, 2018 21 Trial Date: None 22 AND RELATED CROSS-COMPLAINT. 23 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 24 PLEASE TAKE NOTICE that at 2:00 p.m. on August 30, 2021, or as soon thereafter as 25 counsel may be heard in Department 23 of the above-referenced court, located at 400 County 26 Center Drive in Redwood City, California 94063, Plaintiff and Cross-Defendant BootUp 27 Ventures, LLC (“BootUp Ventures”) will move, and hereby does move the Court for an order 28 NOTICE OF MOTION AND MOTION BY BOOTUP VENTURES, LLC TO COMPEL FURTHER RESPONSES BY DEFENDANTS TARUN GAUR, JINIGRAM, LLC AND DIAL2BUY.COM, LLC TO FIRST SETS OF REQUESTS FOR PRODUCTION, SPECIAL INTERROGATORIES, REQUESTS FOR ADMISSION AND FOR MONETARY SANCTIONS 1 compelling Defendant and Cross-Complainant Tarun Gaur (“Gaur”) to produce all documents in 2 his possession, custody and control that are responsive to Request for Production Nos. 7-8, 10-17, 3 19-26, 28-30, 32-34, 36-38, 40-42, 44-46, 48-50, 52-54, 56-58, 60-62, 64-66, 68-69, 70, 72-74, 4 76-78, 80-82, 85-87, 88-89, 101-103, 130, 140-143 and 145-148 that are contained the First Set of 5 Requests for Production (the “Document Requests”) that BootUp Ventures propounded in this 6 matter on April 29, 2020. BootUp Ventures further moves this Court for an order compelling 7 Defendants and Cross-Complainants Jinigram, LLC (“Jinigram”) and Dial2buy.com, LLC 8 (“Dial2buy.com”) to produce all documents in their possession, custody and control that are 9 responsive to Request for Production Nos. 5-11, 12-13, 15-16, 18-33, 44, 80-83 and 85 that 10 BootUp Ventures propounded in this matter on April 29, 2020. 11 BootUp Ventures further moves this Court for an order compelling Gaur, Jinigram and 12 Dial2buy.com to produce a privilege log or otherwise identify with particularity all documents 13 they withheld on grounds of privilege in compliance with Code of Civil Procedure section 14 2031.240(b)(1). 15 BootUp Ventures further moves this Court for an order compelling Gaur to provide 16 further responses to Special Interrogatories Nos. 36-66 that are contained in the First Set of 17 Special Interrogatories that BootUp Ventures propounded in this matter on April 29, 2020. 18 BootUp Ventures further moves this Court for an order compelling Jinigram and Dial2buy.com to 19 provide further responses to Special Interrogatory Nos. 1-66 that are contained in the First Set of 20 Special Interrogatories that BootUp Ventures propounded in this matter on April 29, 2020. 21 BootUp Ventures further moves this Court for an order compelling Gaur to provide 22 further responses to Request for Admission Nos. 26-43 that are contained in the First Set of 23 Requests for Admission that BootUp Ventures propounded in this matter on April 29, 2020. 24 BootUp Ventures further moves this Court for an order compelling Jinigram and Dial2buy.com to 25 provide further responses to Request for Admission Nos. 4-7 and 14-30 that BootUp Ventures 26 propounded in this matter on April 29, 2020. 27 2 28 NOTICE OF MOTION AND MOTION BY BOOTUP VENTURES, LLC TO COMPEL FURTHER RESPONSES BY DEFENDANTS TARUN GAUR, JINIGRAM, LLC AND DIAL2BUY.COM, LLC TO FIRST SETS OF REQUESTS FOR PRODUCTION, SPECIAL INTERROGATORIES, REQUESTS FOR ADMISSION AND FOR MONETARY SANCTIONS 1 This motion is made pursuant to Code of Civil Procedure section 2031.310, subdivisions 2 (a) and (c) on the grounds that Gaur, Jinigram and Dial2buy.com failed to conduct a diligent 3 search and a reasonable inquiry for documents that are responsive to the Document Requests and 4 failed and refused to produce all documents in their possession, custody and control that are 5 responsive to those Document Requests. In addition, the objections asserted by Gaur, Jinigram 6 and Dial2buy.com to the Document Requests are without merit and too general. 7 This motion is further made pursuant to Code of Civil Procedure section 2030.300, 8 subdivisions (a) and (c) on the grounds that the responses by Gaur, Jinigram and Dial2buy.com to 9 the special interrogatories that are the subject of this motion are incomplete and evasive and the 10 objections they asserted to those interrogatories are without merit and too general. 11 This motion is further made pursuant to Code of Civil Procedure section 2033.290(a)(1)- 12 (2) on the grounds that the responses by Gaur, Jinigram and Dial2buy.com to the Requests for 13 Admission served by BootUp Ventures are incomplete and evasive and their objections to those 14 requests are without merit and too general. 15 BootUp Ventures also moves this Court for an award of monetary sanctions against Gaur, 16 Jinigram and Dial2buy.com and their counsel in the amount of $20,880.85 pursuant to Code of 17 Civil Procedure sections 2023.010, subdivisions (d), (e) and (f), 2023.030(a), 2030.300(d), 18 2031.310(h) and 2033.290(d) on the grounds that the service of incomplete and evasive responses 19 to the discovery requests in question, the failure to search for and produce documents responsive 20 to the Document Requests, the assertion of meritless objections to the discovery requests and the 21 refusal to respond to many of the discovery requests that are the subject of this motion constitute 22 misuses of the discovery process for which they cannot demonstrate substantial justification. 23 BootUp Ventures further moves this Court for an award of monetary sanctions against 24 Gaur, Jinigram and Dial2buy.com and their counsel in the amount of $250 pursuant to Code of 25 Civil Procedure section 2023.050(a)(1) and (3) on the grounds that Gaur, Jinigram and 26 Dial2buy.com did not respond to the requests for production that are the subject of this motion in 27 3 28 NOTICE OF MOTION AND MOTION BY BOOTUP VENTURES, LLC TO COMPEL FURTHER RESPONSES BY DEFENDANTS TARUN GAUR, JINIGRAM, LLC AND DIAL2BUY.COM, LLC TO FIRST SETS OF REQUESTS FOR PRODUCTION, SPECIAL INTERROGATORIES, REQUESTS FOR ADMISSION AND FOR MONETARY SANCTIONS 1 good faith and repeatedly failed to meet and confer in writing and by telephone regarding the 2 discovery requests that are the subject of this motion in violation of an order issued by this Court 3 on March 30, 2021. 4 This motion will be based upon this Notice of Motion and Motion, the Memorandum of 5 Points and Authorities in support thereof, the declaration of David P. Nemecek, Jr. and the 6 exhibits attached thereto, the Separate Statements of Discovery in Dispute filed concurrently 7 herewith, the Notice of Lodgment of Exhibits and the exhibits attached thereto, the files and 8 records of this case and such other further oral and documentary evidence as may be presented to 9 the Court prior to or at the hearing. 10 11 Dated: May 17, 2021 THE FORTRESS LAW FIRM, INC. 12 13 14 By: 15 DAVID P. NEMECEK, JR. Attorneys for Plaintiffs and Cross-Defendants BOOTUP 16 VENTURES, LLC and BOOSTCARE dba BOOTUP WORLD and Cross-Defendants MARCO TEN 17 VAANHOLT and MUKUL AGARWAL 18 19 20 21 22 23 24 25 26 27 4 28 NOTICE OF MOTION AND MOTION BY BOOTUP VENTURES, LLC TO COMPEL FURTHER RESPONSES BY DEFENDANTS TARUN GAUR, JINIGRAM, LLC AND DIAL2BUY.COM, LLC TO FIRST SETS OF REQUESTS FOR PRODUCTION, SPECIAL INTERROGATORIES, REQUESTS FOR ADMISSION AND FOR MONETARY SANCTIONS