Preview
e
DE-10-2004 18:18 FROM- T-604 P.005/015 F-S07
PISER, SBN 62414
© iawignnnn
STEVENB.
LAW OFFICES OF STEVEN B. PISER
A Professional Corporation
499 Fourteenth Street, Suite 210 .
Oakland, California 94612 : F | [
Telephone 510-835-5582 ALAMEDA CU.
Attorney for Douglas G. Sykes JUN 1 1 2004
WN
ARTHUR IMS, Exec.
Off. /-
HN
~
SS
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
CO
IN AND FOR THE COUNTY OF ALAMEDA
Oo
10
GWEN R. SYKES, ) Case No. RG03106646
) .
ll
Plaintiff, ) MEMORANDUM OF POINTS AND
) AUTHORITIES IN SUPPORT OF
V. ) MOTION TO COMPEL REQUEST TO
13 )- REQUEST FOR PRODUCTION OF
DOUGLAS SYKES, an individual, DOES 1 ) DOCUMENTS AND FOR SANCTIONS
14 through 20, inclusive, )
) Date: July 12, 2004 BY FAX
Defendants ) Time: 2:00 p.m.
) Dept: 31
16 ) Reservation No. 377580
Trial Date: October 1, 2004
7
18 L FACTS
19 Gwen Sykes has sued Doug Sykes for breach of an alleged agreement whereby Doug,
20 before he and Gwen got married, allegedly agreed to support Gwen for life. The marmage ended
21 in dissolution on December 15, 2003.
22— Before serving the discovery at issue in this motion, defendant served two inspection
23 "Some procedural background may be of assistanceto theCourt. The parties married on August 15, 2001
afterexecution ofa prenuptial agreement inOctober 2000. In 2002, Doug fileda petitionfor dissolutionof the
24 marriage (actionnumber 850186-2). The marriage was legally dissolved inDecember 2003. This action was filed
on July 15, 2003. Prior to defendant's knowledge thattheaction was filed,on July 16,2003, defendant fileda
25
Legal
By
declaratory reliefactionseeking adetermination thata prenuptial agreement bars plaintiff's
claims. Judge Kraetzer
sustained, without leave toamend (based on CCP 1061), Gwen's demurrer to the declaratoryreliefaction, finding
26
Filed
thatthis actionprovided a vehiclefor determination of the validityof theprenuptial agreement.
One
On January 29, 2004, Ms. Sykes filedanother action (RG04138633), assertingclaims against Dougias, his
27 octogenarian mother, hissister,the mother of his son and others,alleging a vastconspiracy toassault plaintiff,
invade her rightof privacy, make falsecourt filings,institute
civiland criminal cases,abuse of process, violationof
28 civilrights,slander, libeland encouraging ayoung child tomake falseclaims of abuse. In thataction, she also
claims emotional distressand personal injuries.Ms. Sykes isrepresented by the same attomey in allthree actions.
LawOfficos
of
]
STEVEN
G. PISER
MEMO OF POINTS AND AUTHORITIES ISO MOTION TO COMFEL RESPONSE TO RFPD
JUN 18 2604 15:17 © PAGE.@5
y/ 06-10-2004 15:15 = FROM T-604 P.006/015 F-807
demands seeking a variety of documents which are directly related to the issues in the case.
Noo
While some documents were produced responsive to the request, plaintiff took the position that
we
other responsive documents may exist but were not within her control because they were at her
former residence, which is owned by defendant. In February 2004 the documents that were once
Bat
at defendant’s residence were delivered to plaintiff's former counsel.
mM
On April 9, 2004, defendant served a request for production of documents (set 3) and a
an
supplemental request for production of documents. Despite efforts to meet and confer with Ms.
~
Sykes’ past and present counsel, no responses have been submitted and no documents produced.
00
Trial in this action is scheduled for October 1, 2004.
oO
II. RELIEF REQUESTED
ci
By this motion, defendant seeks an order compelling responses from plaintiff Gwen
oe
2
NO DE
Sykes to the request for production of documents, set three, and the supplemental request for
SO
©” Os
production of documents, without objection, production of documents within five (5) days of the
Se
oO
Based on the foregoing, itis respectfully submitted that the Court grant defendant’s
i i
motion and require plaintiff Gwen Sykes to provide a verified response to the request for
L >
|
production of documents, produce the requested documents and award sanctions as setforth in
the declaration of Steven B. Piser.
Dated: June 10, 2004 Respectfully sibmitted,
LAW OFHICES OF\STEVEN B. PISER
A Professyonak Zorpbration
By:
AttorewWfor Defendant
Douglas Sykes
LawOfficas of
2
STEVEN
0. PISER
MEMO OF POINTS AND AUTHORITIES ISOMOTION TO COMPEL RESPONSE TO RFPD
1@ 2004 1Sil? PAGE .@6
Preview
e DE-10-2004 18:18 FROM- T-604 P.005/015 F-S07 PISER, SBN 62414 © iawignnnn STEVENB. LAW OFFICES OF STEVEN B. PISER A Professional Corporation 499 Fourteenth Street, Suite 210 . Oakland, California 94612 : F | [ Telephone 510-835-5582 ALAMEDA CU. Attorney for Douglas G. Sykes JUN 1 1 2004 WN ARTHUR IMS, Exec. Off. /- HN ~ SS IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA CO IN AND FOR THE COUNTY OF ALAMEDA Oo 10 GWEN R. SYKES, ) Case No. RG03106646 ) . ll Plaintiff, ) MEMORANDUM OF POINTS AND ) AUTHORITIES IN SUPPORT OF V. ) MOTION TO COMPEL REQUEST TO 13 )- REQUEST FOR PRODUCTION OF DOUGLAS SYKES, an individual, DOES 1 ) DOCUMENTS AND FOR SANCTIONS 14 through 20, inclusive, ) ) Date: July 12, 2004 BY FAX Defendants ) Time: 2:00 p.m. ) Dept: 31 16 ) Reservation No. 377580 Trial Date: October 1, 2004 7 18 L FACTS 19 Gwen Sykes has sued Doug Sykes for breach of an alleged agreement whereby Doug, 20 before he and Gwen got married, allegedly agreed to support Gwen for life. The marmage ended 21 in dissolution on December 15, 2003. 22— Before serving the discovery at issue in this motion, defendant served two inspection 23 "Some procedural background may be of assistanceto theCourt. The parties married on August 15, 2001 afterexecution ofa prenuptial agreement inOctober 2000. In 2002, Doug fileda petitionfor dissolutionof the 24 marriage (actionnumber 850186-2). The marriage was legally dissolved inDecember 2003. This action was filed on July 15, 2003. Prior to defendant's knowledge thattheaction was filed,on July 16,2003, defendant fileda 25 Legal By declaratory reliefactionseeking adetermination thata prenuptial agreement bars plaintiff's claims. Judge Kraetzer sustained, without leave toamend (based on CCP 1061), Gwen's demurrer to the declaratoryreliefaction, finding 26 Filed thatthis actionprovided a vehiclefor determination of the validityof theprenuptial agreement. One On January 29, 2004, Ms. Sykes filedanother action (RG04138633), assertingclaims against Dougias, his 27 octogenarian mother, hissister,the mother of his son and others,alleging a vastconspiracy toassault plaintiff, invade her rightof privacy, make falsecourt filings,institute civiland criminal cases,abuse of process, violationof 28 civilrights,slander, libeland encouraging ayoung child tomake falseclaims of abuse. In thataction, she also claims emotional distressand personal injuries.Ms. Sykes isrepresented by the same attomey in allthree actions. LawOfficos of ] STEVEN G. PISER MEMO OF POINTS AND AUTHORITIES ISO MOTION TO COMFEL RESPONSE TO RFPD JUN 18 2604 15:17 © PAGE.@5 y/ 06-10-2004 15:15 = FROM T-604 P.006/015 F-807 demands seeking a variety of documents which are directly related to the issues in the case. Noo While some documents were produced responsive to the request, plaintiff took the position that we other responsive documents may exist but were not within her control because they were at her former residence, which is owned by defendant. In February 2004 the documents that were once Bat at defendant’s residence were delivered to plaintiff's former counsel. mM On April 9, 2004, defendant served a request for production of documents (set 3) and a an supplemental request for production of documents. Despite efforts to meet and confer with Ms. ~ Sykes’ past and present counsel, no responses have been submitted and no documents produced. 00 Trial in this action is scheduled for October 1, 2004. oO II. RELIEF REQUESTED ci By this motion, defendant seeks an order compelling responses from plaintiff Gwen oe 2 NO DE Sykes to the request for production of documents, set three, and the supplemental request for SO ©” Os production of documents, without objection, production of documents within five (5) days of the Se oO Based on the foregoing, itis respectfully submitted that the Court grant defendant’s i i motion and require plaintiff Gwen Sykes to provide a verified response to the request for L > | production of documents, produce the requested documents and award sanctions as setforth in the declaration of Steven B. Piser. Dated: June 10, 2004 Respectfully sibmitted, LAW OFHICES OF\STEVEN B. PISER A Professyonak Zorpbration By: AttorewWfor Defendant Douglas Sykes LawOfficas of 2 STEVEN 0. PISER MEMO OF POINTS AND AUTHORITIES ISOMOTION TO COMPEL RESPONSE TO RFPD 1@ 2004 1Sil? PAGE .@6