Preview
N AE
on 23130560
Tod M. Ratfield, (SBN 148545)
Tod M. Ratfield, APC
1233 Alpine Road
Walnut Creek, CA 94596
Phone: (925) 934-3300
Facsimile: (925) 934-9775
Attorney for Plaintiff Gala International, Inc.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF ALAMEDA - UNLIMITED CIVIL
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GALA INTERNATIONAL, INC., a Case No. RG19002887
California Corporation, —
12 Plaintiff, [PROPOSED] ORDER GRANTING
13 MOTION FOR ORDER DEEMING
1001
vs. ADMITTED TRUTH OF FACTS AND
14 IMPOSING MONETARY SANCTIONS
BENITO VALLEY FARM, LLC, a California,
15 Limited Liability Company; BENITO VALLEY
FARMS, INC., a California Corporation;
OF
16 LINDA CHU, an individual; DONG HE, an
individual; and DOES 1-200, inclusive, Date: November 3, 2021
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Time: 2:30 pm
Defendants. Dept: 518
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/ Reservation #R-2292736
Fil
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21 The motion of Plaintiff Gala International, Inc. for an Order Deeming Admitted Truth of
22 Facts and Imposing Monetary Sanctions came on regularly for hearing by the court on November 3,
23 2021. Plaintiff appeared by its attorney Tod M. Ratfield; defendant Benito Valley Farms, Inc.
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appeared through its attorney, James Cai.
The Court orders that the facts set forth in the Plaintiff’s Request for Admissions, Set One,
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attached hereto as Exhibit A and served upon Defendant Benito Valley Farms, Inc. shall be and are
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hereby deemed admitted; and
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ORDER DEEMING ADMITTED TRUTH OF FACTS AND IMPOSING MONETARY SANCTIONS
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The Court further finds and Orders a monetary sanction of $ shall be and is hereby
ordered to be paid by Defendant Benito Valley Farms, Inc. to Plaintiff Gala International, Inc. within
30 days of the date of service of this Order; and therefore:
IT IS SO ORDERED.
Dated:
_ The Honorable Dennis Hayashi
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ORDER DEEMING ADMITTED TRUTH OF FACTS AND IMPOSING MONETARY SANCTIONS
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EXHIBIT “A”
DISC-020
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number. and adaress): FOR COURT USE ONLY
|_Tod M. Ratfield (SBN 148545)
Tod M. Ratfield, APC
1232 Alpine Road, Walnut Creek, CA 94596
TELEPHONE NO.: 925-934-3300 FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): Gala International, Inc.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Alameda
street aporess: 24405 Amador St.
MAILING ADDRESS:
city ano zipcove: Hayward, CA 94544
BRANCH NAME: Hayward Branch
SHORT TITLE:
Gala International, Inc. v. Benito Valley Farms, Inc. et al
CASE NUMBER:
REQUESTS FOR ADMISSION
Truth of Facts [__] Genuineness of Documents RG19002887
Requesting Party: Gala International, Inc.
Answering Party: Benito Valley Farms, Inc.
Set No.: One
INSTRUCTIONS
Requests for admission are written requests by a party to an action requiring that any other party to the action either admit or deny,
under oath, the truth of certain facts or the genuineness of certain documents. For information on timing, the number of admissions a
party may request from any other party, service of requests and responses, restrictions on the style, format, and scope of requests for
admission and responses to requests, and other details, see Code of Civil Procedure sections 94—95, 1013, and 2033.010-2033.420
and the case law relating to those sections.
An answering party should consider carefully whether to admit or deny the truth of facts or the genuineness of documents. With limited
exceptions, an answering party will not be allowed to change an answer to a request for admission. There may be penalties if an
answering party fails to admit the truth of any fact or the genuineness of any document when requested to do so and the requesting
party later proves that the fact is true or that the document is genuine. These penalties may include, among other things, payment of
the requesting party’s attorney’s fees incurred in making that proof.
Unless there is an agreement or a court order providing otherwise, the answering party must respond in writing to requests for
admission within 30 days after they are served, or within 5 days after service in an unlawful detainer action. There may be significant
penalties if an answering party fails to provide a timely written response to each request for admission. These penalties may include,
among other things, an order that the facts in issue are deemed true or that the documents in issue are deemed genuine for purposes
of the case.
Answers to Requests for Admission must be given under oath. The answering party should use the following language at the end of
the responses:
| declare under penalty of perjury under the laws of the State of California that the foregoing answers are true and correct.
(DATE) (SIGNATURE)
These instructions are only a summary and are not intended to provide complete information about requests for admission. This
Requests for Admission form does not change existing law relating to requests for-admissions, nor does it affect an answering party’s
right to assert any privilege or to make any objection.
REQUESTS FOR ADMISSION
You are fequested to admit within 30 days after service, or within 5 days after service in an unlawful detainer action, of this Requests
for Admission that:
1. Each of the following facts is true (if more than one, number each fact consecutively):
Gontinued on Attachment 4
2. C] The original of each of the following documents, copies of which are attached, is genuine (if
more than one, number each
document consecutively):
| Continued on Attachment 2
Tod M. Ratfield > SS
{TYPE OR PRINT NAME) (SIGNATURE OF PARTY ©
R ATTOR
Form Approved for Optional Use ORNEY) Page
1 of 1
Judicial Council of Califomia REQUESTS FOR ADMISSION Code of Civil Procedure,
DISC-020 [Rev. January 1, 2008} §§ 94-95, 2033.010-2033.420, 2033.710
MC-025
SHORT TITLE: CASE NUMBER:
Gala International RG19002887
ATTACHMENT (Number): One
(This Attachment may be used with any Judicial Council form.)
1. Doug He directed Gala International, Inc. to order special order boxes from a specific manufacturer in
China.
2. Benito Valley Farms, Inc. had the boxes manufactured with the name Benito Valley Farms, Inc. name
thereon.
3. Benito Valley Farms, Inc. used all the boxes supplied through Gala International, Inc.
4. No boxes supplied through Gala International, Inc. were returned by Benito Valley Farms, Inc.
5. Benito Valley Farms, Inc. never paid Plaintiff for any of the invoices for delivery of the specially ordered
boxes with Benito Valley Farms, Inc.'s name thereon.
6. Benito Valley Farms, Inc. never paid Gala International, Inc. for any of the specially ordered boxes with
Benito Valley Farms, Inc.'s name thereon.
7. Doug He signed for receipt of the specially ordered boxes on October 17, 2017.
8. Benito Valley Farms, Inc. received the 14,000 boxes identified in invoice number 13913 from Gala
International, Inc. on October 17, 2017.
9. Benito Valley Farms, Inc. uses the trade name Big Boy Oriental Vegetables.
10. Benito Valley Farms, Inc. specially ordered boxes on or about July 27, 2017 with the name Big Boy
Oriental Vegetables thereon.
11. Benito Valley Farms, Inc. ordered the boxes set forth on Gala International, Inc. invoice number 13765.
12. Benito Valley Farms, Inc. received the boxes set forth on Gala International, Inc. invoice number 13765.
13. Benito Valley Farms, Inc. received invoice number 13765 from Gala Intemational, Inc.
International, Inc.
14. Benito Valley Farms, Inc. did not object to the boxes received that are set forth on Gala
invoice number 13765.
15. Benito Valley Farms. Inc. used the boxes received that are set forth on Gala International, Inc. invoice
number 13765.
16. Benito Valley Farms, Inc. did not return any of the boxes received that are set forth on Gala International,
Inc. invoice number 13765.
due on
17. Benito Valley Farms, Inc. paid Gala International, Inc. a total of $50,000 towards the $91,188.56
invoice number 13765.
(If the item that this Attachment concems is made under penaity of perjury, ail statements in this Page | of 1
Attachment are made under penaity of perjury.)
(Add pages as required)
F
opmMC-025
approves
ed f
ft Optional se
ti
(Rev. July 1, 2009}
ATTACHMENT
to Judicial Council Form idl
PROOF OF SERVICE
[C.C.P. Section 1013, 2015.5, 2009]
I, the undersigned, declare that I am a citizen of the United States, a resident of the State
of California, and am employed in the County of Contra Costa, State of California. I am over
eighteen (18) years of age and not a party to the above-entitled action. My business address is
1233 Alpine Road, Walnut Creek, California. On the date below, I served the following
document(s) in the manner indicated below on the person(s) listed below:
|
{
|
REQUESTS FOR ADMISSION
(SET ONE)
L BY UNITED STATES MAIL: I enclosed the document in a sealed envelope or
package addressed to the persons at the addresses listed below and placed the
10 envelope/package for collection and mailing, following our ordinary business
practices. I am readily familiar with this business’s practice for collection and
11 mailing, it is deposited 1 in the ordinary course of business with the United States
Postal Service, in a sealed envelope with postage fully prepaid. I am aware that on
12 motion of the party served, service is presumed invalid if postal cancellation date or
postage meter date is more than one day after the date of deposit for mailing an
13 affidavit.
14 lam a resident or employed in the county where the mailing occurred. . The envelope
or package was placed in the mail at Angwin, California.
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BY FAX TRANSMISSION: Based on an agreement of the parties to accept
16 service by fax transmission, | faxed the documents to the persons at the fax numbers
listed below. No error was reported by the fax machine that I used. A copy of the
17 record of the fax transmission, which I printed out is attached.
18 BY OVERNIGHT DELIVERY: I enclosed the documents in an envelope or
package provided by an overnight delivery carrier and addressed to the persons at the
19 addresses listed below. I place the envelope or package for collection and overnight
delivery at an office or a regularly utilized drop box of the overnight delivery carrier.
20
BY PERSONAL SERVICE: I personally served the documents to:the persons at
21 the addresses listed below. (1) for a party represented by an attorney, delivery was
made to the attorney or at the attorney’s office by leaving the documents in an
22 envelope or package clearly labeled to identify the attorney being served with the
receptionist or an individual in charge of the office. (2) For a party, delivery was
23 made to the party or by leaving the documents at the party’s residence with some
person not less than 18 years of age between the hours of eight in the morning and
24 six in the evening.
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Proof of Service
BY MESSENGER SERVICE: | served the documents by placing them in an
envelope or package addressed to the persons at the addresses listed above and
providing them to a professional messenger service for service (A declaration by the
messenger must accompany this Proof of Service)
BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order
or an agreement of the parties to accept service by e-mail or electronic transmission,
I caused the documents to be sent to the persons at the e-mail addressed listed below.
I did not receive, within a reasonable time after the transmission, an electronic
message or other indication that the transmission was unsuccessful.
Christopher Lisieski ,
Wanger Jones Helsley PC
265 E. River Park Circle, Suite 310
Fresno, CA 93720
Phone: (559) 233-4800
Fax: (559) 233-9330
10 E-Mail: clisieski@wyhattorneys.com
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12 I declare under penalty of perjury under the laws of the Stat (oe California that the above
is true and correct. Executed this | “/%-~day of fe ieysil in7—, 2021 at Angwin,
13 California. #
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Vp,
KAW ath
Kristine Gromacki
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Proof of Service
Preview
N AE on 23130560 Tod M. Ratfield, (SBN 148545) Tod M. Ratfield, APC 1233 Alpine Road Walnut Creek, CA 94596 Phone: (925) 934-3300 Facsimile: (925) 934-9775 Attorney for Plaintiff Gala International, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ALAMEDA - UNLIMITED CIVIL 10 11 GALA INTERNATIONAL, INC., a Case No. RG19002887 California Corporation, — 12 Plaintiff, [PROPOSED] ORDER GRANTING 13 MOTION FOR ORDER DEEMING 1001 vs. ADMITTED TRUTH OF FACTS AND 14 IMPOSING MONETARY SANCTIONS BENITO VALLEY FARM, LLC, a California, 15 Limited Liability Company; BENITO VALLEY FARMS, INC., a California Corporation; OF 16 LINDA CHU, an individual; DONG HE, an individual; and DOES 1-200, inclusive, Date: November 3, 2021 17 Time: 2:30 pm Defendants. Dept: 518 18 19 / Reservation #R-2292736 Fil 20 21 The motion of Plaintiff Gala International, Inc. for an Order Deeming Admitted Truth of 22 Facts and Imposing Monetary Sanctions came on regularly for hearing by the court on November 3, 23 2021. Plaintiff appeared by its attorney Tod M. Ratfield; defendant Benito Valley Farms, Inc. 24 appeared through its attorney, James Cai. The Court orders that the facts set forth in the Plaintiff’s Request for Admissions, Set One, 25 attached hereto as Exhibit A and served upon Defendant Benito Valley Farms, Inc. shall be and are 26 hereby deemed admitted; and 27 28 ORDER DEEMING ADMITTED TRUTH OF FACTS AND IMPOSING MONETARY SANCTIONS -1- The Court further finds and Orders a monetary sanction of $ shall be and is hereby ordered to be paid by Defendant Benito Valley Farms, Inc. to Plaintiff Gala International, Inc. within 30 days of the date of service of this Order; and therefore: IT IS SO ORDERED. Dated: _ The Honorable Dennis Hayashi 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 | ORDER DEEMING ADMITTED TRUTH OF FACTS AND IMPOSING MONETARY SANCTIONS -2- i ! EXHIBIT “A” DISC-020 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number. and adaress): FOR COURT USE ONLY |_Tod M. Ratfield (SBN 148545) Tod M. Ratfield, APC 1232 Alpine Road, Walnut Creek, CA 94596 TELEPHONE NO.: 925-934-3300 FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Gala International, Inc. SUPERIOR COURT OF CALIFORNIA, COUNTY OF Alameda street aporess: 24405 Amador St. MAILING ADDRESS: city ano zipcove: Hayward, CA 94544 BRANCH NAME: Hayward Branch SHORT TITLE: Gala International, Inc. v. Benito Valley Farms, Inc. et al CASE NUMBER: REQUESTS FOR ADMISSION Truth of Facts [__] Genuineness of Documents RG19002887 Requesting Party: Gala International, Inc. Answering Party: Benito Valley Farms, Inc. Set No.: One INSTRUCTIONS Requests for admission are written requests by a party to an action requiring that any other party to the action either admit or deny, under oath, the truth of certain facts or the genuineness of certain documents. For information on timing, the number of admissions a party may request from any other party, service of requests and responses, restrictions on the style, format, and scope of requests for admission and responses to requests, and other details, see Code of Civil Procedure sections 94—95, 1013, and 2033.010-2033.420 and the case law relating to those sections. An answering party should consider carefully whether to admit or deny the truth of facts or the genuineness of documents. With limited exceptions, an answering party will not be allowed to change an answer to a request for admission. There may be penalties if an answering party fails to admit the truth of any fact or the genuineness of any document when requested to do so and the requesting party later proves that the fact is true or that the document is genuine. These penalties may include, among other things, payment of the requesting party’s attorney’s fees incurred in making that proof. Unless there is an agreement or a court order providing otherwise, the answering party must respond in writing to requests for admission within 30 days after they are served, or within 5 days after service in an unlawful detainer action. There may be significant penalties if an answering party fails to provide a timely written response to each request for admission. These penalties may include, among other things, an order that the facts in issue are deemed true or that the documents in issue are deemed genuine for purposes of the case. Answers to Requests for Admission must be given under oath. The answering party should use the following language at the end of the responses: | declare under penalty of perjury under the laws of the State of California that the foregoing answers are true and correct. (DATE) (SIGNATURE) These instructions are only a summary and are not intended to provide complete information about requests for admission. This Requests for Admission form does not change existing law relating to requests for-admissions, nor does it affect an answering party’s right to assert any privilege or to make any objection. REQUESTS FOR ADMISSION You are fequested to admit within 30 days after service, or within 5 days after service in an unlawful detainer action, of this Requests for Admission that: 1. Each of the following facts is true (if more than one, number each fact consecutively): Gontinued on Attachment 4 2. C] The original of each of the following documents, copies of which are attached, is genuine (if more than one, number each document consecutively): | Continued on Attachment 2 Tod M. Ratfield > SS {TYPE OR PRINT NAME) (SIGNATURE OF PARTY © R ATTOR Form Approved for Optional Use ORNEY) Page 1 of 1 Judicial Council of Califomia REQUESTS FOR ADMISSION Code of Civil Procedure, DISC-020 [Rev. January 1, 2008} §§ 94-95, 2033.010-2033.420, 2033.710 MC-025 SHORT TITLE: CASE NUMBER: Gala International RG19002887 ATTACHMENT (Number): One (This Attachment may be used with any Judicial Council form.) 1. Doug He directed Gala International, Inc. to order special order boxes from a specific manufacturer in China. 2. Benito Valley Farms, Inc. had the boxes manufactured with the name Benito Valley Farms, Inc. name thereon. 3. Benito Valley Farms, Inc. used all the boxes supplied through Gala International, Inc. 4. No boxes supplied through Gala International, Inc. were returned by Benito Valley Farms, Inc. 5. Benito Valley Farms, Inc. never paid Plaintiff for any of the invoices for delivery of the specially ordered boxes with Benito Valley Farms, Inc.'s name thereon. 6. Benito Valley Farms, Inc. never paid Gala International, Inc. for any of the specially ordered boxes with Benito Valley Farms, Inc.'s name thereon. 7. Doug He signed for receipt of the specially ordered boxes on October 17, 2017. 8. Benito Valley Farms, Inc. received the 14,000 boxes identified in invoice number 13913 from Gala International, Inc. on October 17, 2017. 9. Benito Valley Farms, Inc. uses the trade name Big Boy Oriental Vegetables. 10. Benito Valley Farms, Inc. specially ordered boxes on or about July 27, 2017 with the name Big Boy Oriental Vegetables thereon. 11. Benito Valley Farms, Inc. ordered the boxes set forth on Gala International, Inc. invoice number 13765. 12. Benito Valley Farms, Inc. received the boxes set forth on Gala International, Inc. invoice number 13765. 13. Benito Valley Farms, Inc. received invoice number 13765 from Gala Intemational, Inc. International, Inc. 14. Benito Valley Farms, Inc. did not object to the boxes received that are set forth on Gala invoice number 13765. 15. Benito Valley Farms. Inc. used the boxes received that are set forth on Gala International, Inc. invoice number 13765. 16. Benito Valley Farms, Inc. did not return any of the boxes received that are set forth on Gala International, Inc. invoice number 13765. due on 17. Benito Valley Farms, Inc. paid Gala International, Inc. a total of $50,000 towards the $91,188.56 invoice number 13765. (If the item that this Attachment concems is made under penaity of perjury, ail statements in this Page | of 1 Attachment are made under penaity of perjury.) (Add pages as required) F opmMC-025 approves ed f ft Optional se ti (Rev. July 1, 2009} ATTACHMENT to Judicial Council Form idl PROOF OF SERVICE [C.C.P. Section 1013, 2015.5, 2009] I, the undersigned, declare that I am a citizen of the United States, a resident of the State of California, and am employed in the County of Contra Costa, State of California. I am over eighteen (18) years of age and not a party to the above-entitled action. My business address is 1233 Alpine Road, Walnut Creek, California. On the date below, I served the following document(s) in the manner indicated below on the person(s) listed below: | { | REQUESTS FOR ADMISSION (SET ONE) L BY UNITED STATES MAIL: I enclosed the document in a sealed envelope or package addressed to the persons at the addresses listed below and placed the 10 envelope/package for collection and mailing, following our ordinary business practices. I am readily familiar with this business’s practice for collection and 11 mailing, it is deposited 1 in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am aware that on 12 motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after the date of deposit for mailing an 13 affidavit. 14 lam a resident or employed in the county where the mailing occurred. . The envelope or package was placed in the mail at Angwin, California. 15 BY FAX TRANSMISSION: Based on an agreement of the parties to accept 16 service by fax transmission, | faxed the documents to the persons at the fax numbers listed below. No error was reported by the fax machine that I used. A copy of the 17 record of the fax transmission, which I printed out is attached. 18 BY OVERNIGHT DELIVERY: I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the 19 addresses listed below. I place the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. 20 BY PERSONAL SERVICE: I personally served the documents to:the persons at 21 the addresses listed below. (1) for a party represented by an attorney, delivery was made to the attorney or at the attorney’s office by leaving the documents in an 22 envelope or package clearly labeled to identify the attorney being served with the receptionist or an individual in charge of the office. (2) For a party, delivery was 23 made to the party or by leaving the documents at the party’s residence with some person not less than 18 years of age between the hours of eight in the morning and 24 six in the evening. 25 26 Proof of Service BY MESSENGER SERVICE: | served the documents by placing them in an envelope or package addressed to the persons at the addresses listed above and providing them to a professional messenger service for service (A declaration by the messenger must accompany this Proof of Service) BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addressed listed below. I did not receive, within a reasonable time after the transmission, an electronic message or other indication that the transmission was unsuccessful. Christopher Lisieski , Wanger Jones Helsley PC 265 E. River Park Circle, Suite 310 Fresno, CA 93720 Phone: (559) 233-4800 Fax: (559) 233-9330 10 E-Mail: clisieski@wyhattorneys.com 11 12 I declare under penalty of perjury under the laws of the Stat (oe California that the above is true and correct. Executed this | “/%-~day of fe ieysil in7—, 2021 at Angwin, 13 California. # 14 15 16 Vp, KAW ath Kristine Gromacki 17 Lf 18 19 20 21 22 23 24 25 26 Proof of Service