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Kenneth N. Greenfield, Esq. (State Bar No. 105721)
Alexandra N. Selfridge, Esq. (State Bar No. 247063)
LAW OFFICES OF
SAN MATEO COUNTY
KENNETH N. GREENFIELD
16516 BERNARDO CENTER DRIVE, SUITE 210
MAY 1 4 2013
SAN DIEGO, CA 92128
(858) 675-0301
FAX (858) 67 5-0319 GI
By
Attorney for Defendant, ~DPIAYGLKRK(j
WAWANESAGENERAL INSURANCE COMPANY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
10 GEORGE MARDIKIAN ) Case No. CIV 517132
)
Plaintiff, ) DEFENDANT WAWANESAGENERAL
) INSURANCE COMPANY'S NOTICE OF
12 ) MOTION AND MOTION TO COMPEL
) RESPONSES TO QUESTIONS NOT
WAWANESA GENERAL INSURANCE ) ANSWERED AT DEPOSITION;
V COMPANY; a California corporation; and ) REQUEST FOR ORDER AWARDING 4/(q
14 DOES 1 to 50, inclusive, ) MONETARY SACTIONS AGAINST
) GEORGE MARDIKIANAND MONTIE
15 Defendants. ) DAY IN THE SUM OF $ 4,066 N'l
)
16 ) Date: June 19, 2013
) Time: 9:00 a.m.
17 ) Dept: Law and Motion
)
18 ) Date Filed: October 3, 2012
) Trial Date: November 12, 2013
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) 1
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22 TO THE HONORABLE COURT, PLAINTIFFS, AND THEIR ATTORNEYS OF
RECORD:
24 PLEASE TAKE NOTICE that on June 19, 2013 at 9:00 a.m., or as soon thereafter as
25 counsel may be heard in the Law and Motion Department of the above-entitled Court, located at
26 400 County Center, Redwood, California 94063, Defendant Wawanesa General Insurance
27 Company ("Wawanesa") will, and hereby does, move the Court for an Order Compelling Plaintiff
28 George Mardikian ("Plaintiff') to provide responses to questions not answered at deposition, in
WAWANESA'S NOTICE OF MOTION TO COMPEL
1 accordance with Code of Civil Procedure section 2025.480.
2 This motion is made pursuant to Code of Civil Procedure, section 2025.480, on the
ground that Plaintiff failed to answer questions at his deposition. The information sought is highly
4 relevant and material to the issues in this case, and is not subject to any valid objection.
5 Notice is additionally given that Defendant will request that the Court award monetary
sanctions against Plaintiff George Mardikian and Plaintiff's counsel, Montie S. Day, Esq., and in
favor of Wawanesa General Insurance Company in the sum of $ 4,066 for willful misuse of the
discovery process, which includes the unreasonable refusal to answer questions relevant to the
subject matter of the action and Plaintiffs counsel's failure to engage in a meaningful meet and
confer. In addition, Defendant has been compelled to bring the instant motion.
11 This Motion will be based upon this Notice, the Memorandum of Points and Authorities,
Separate Statement, Declaration of Alexandra N. Selfridge, Notice of Lodgment, and Proposed
fV
Order filed concurrently herewith, and any other oral or documentary evidence which the Court
oZ(= 14 may properly consider at the hearing on this matter.
V iL'z
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o 0 u
o
eg 5 Z 16 DATED: May(0, 2013 LAW OFFICES OF KENNETH N. GREENFIELD
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18 By:
KENNETH N. GREENFIELD,
19 ALEXANDRAN. SELFRIDGE
Attorneys for Defendant, WAWANESA
20 GENERAL INSURANCE COMPANY
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WAWANESA'S NOTICE OF MOTION TO COMPEL
George Mardikian Case No.
v. Wawanesa General Insurance Company et al. CIV 517132
2
SUPERIOR COURT OF THE STATE OF CALIFORNIA
4 COUNTY OF SAN MATEO
5 PROOF OF SERVICE
C.C.P. $ 1013a, C.R.C. 2.300, et seq.
6
STATE OF CALIFORNIA )
7
) ss.
8
COUNTY OF SAN DIEGO )
I am employed in the aforesaid County, State of California. I am over the age of 18 years and not
a party to the within action; my business address is 16516 Bernardo Center Drive, Suite 210, San Diego,
10 California 92128.
On May 10, 2013, I served the following document(s) described as:
12 DEFENDANT WAWANESAGENERAL INSURANCE COMPANY'S NOTICE OF
MOTION AND MOTION TO COMPEL RESPONSES TO QUESTIONS NOT
13
ANSWERED AT DEPOSITION; REQUEST FOR ORDER AWARDING
14 MONETARY SACTIONS AGAINST GEORGE MARDIKIANAND MONTIE DAY
IN THE SUM OF $ 4,066
15
DEFENDANT WAWANESA GENERAL INSIJRANCE COMPANY'S
16
MEMORANDUMOF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO
17 COMPEL RESPONSES TO QUESTIONS NOT ANSWERED AT DEPOSITION
18 DEFENDANT WAWANESA GENERAL INSURANCE COMPANY'S SEPARATE
19
STATEMENT IN SUPPORT OF MOTION TO COMPEL RESPONSES TO
DEPOSITION QUESTIONS NOT ANSWERED
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DECLARATIONOF ALEXANDRAN. SELFRIDGE IN SUPPORT OF DEFENDANT
21 WAWANESAGENERAL INSURANCE COMPANY'S MOTION TO COMPEL
22
RESPONSES TO QUESTIONS NOT ANSWERED AT DEPOSITION
23 [PROPOSED] ORDER GRANTING DEFENDANT WAWANESA GENERAL
INSURANCE COMPANY'S MOTION TO COMPEL RESPONSES TO QUESTIONS
24 NOT ANSWERED AT DEPOSITION
25 DEFENDANT WAWANESA GENERAL INSURANCE COMPANY'S NOTICE OF
26 LODGMENT IN SUPPORT OF ITS MOTION TO COMPEL RESPONSES TO
QUESTIONS NOT ANSWERED AT DEPOSITION
27
Proof ot Service
on the interested parties in this action by:
[X] Placing the original X a true copy thereof, enclosed in a sealed envelope,
addressed as follows.
[ ] Facsimile transmission as stated below.
4 Counsel for Plaintiff
Montie S. Day, Esq.
Day Law Offices
1235 Casa Paiermo Circle
Henderson, Nevada 89011-3144
T: (208) 280-3766
F: (800) 219-2901
msdavesa@aoLcom
[X] 'BY MAIL: I am "readily familiar" with the firm's practice of collection and processing
correspondence for mailing. Under that practice, it would be deposited with the United States
10 Postal Service on that same day, with postage thereon fully prepaid at San Diego, California in
the ordinary course of business. I am aware that on motion of the party served, service is
presumed invalid if postal cancellation date or postage meter date is more than one day after
12 date of deposit for mailing an affidavit.
[X] BY E-MAIL: to msdavesa@aol.corn (Courtesy Copy Only).
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[X] STATE: I declare under penalty of perjury under the laws of the State of California
15 that the above is true and correct.
Executed on May 10, 2013, at San Diego, California.
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Proof o(Service
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Kenneth N. Greenfield, Esq. (State Bar No. 105721) Alexandra N. Selfridge, Esq. (State Bar No. 247063) LAW OFFICES OF SAN MATEO COUNTY KENNETH N. GREENFIELD 16516 BERNARDO CENTER DRIVE, SUITE 210 MAY 1 4 2013 SAN DIEGO, CA 92128 (858) 675-0301 FAX (858) 67 5-0319 GI By Attorney for Defendant, ~DPIAYGLKRK(j WAWANESAGENERAL INSURANCE COMPANY SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 10 GEORGE MARDIKIAN ) Case No. CIV 517132 ) Plaintiff, ) DEFENDANT WAWANESAGENERAL ) INSURANCE COMPANY'S NOTICE OF 12 ) MOTION AND MOTION TO COMPEL ) RESPONSES TO QUESTIONS NOT WAWANESA GENERAL INSURANCE ) ANSWERED AT DEPOSITION; V COMPANY; a California corporation; and ) REQUEST FOR ORDER AWARDING 4/(q 14 DOES 1 to 50, inclusive, ) MONETARY SACTIONS AGAINST ) GEORGE MARDIKIANAND MONTIE 15 Defendants. ) DAY IN THE SUM OF $ 4,066 N'l ) 16 ) Date: June 19, 2013 ) Time: 9:00 a.m. 17 ) Dept: Law and Motion ) 18 ) Date Filed: October 3, 2012 ) Trial Date: November 12, 2013 19 ) 1 20 ) ) 21 ) 22 TO THE HONORABLE COURT, PLAINTIFFS, AND THEIR ATTORNEYS OF RECORD: 24 PLEASE TAKE NOTICE that on June 19, 2013 at 9:00 a.m., or as soon thereafter as 25 counsel may be heard in the Law and Motion Department of the above-entitled Court, located at 26 400 County Center, Redwood, California 94063, Defendant Wawanesa General Insurance 27 Company ("Wawanesa") will, and hereby does, move the Court for an Order Compelling Plaintiff 28 George Mardikian ("Plaintiff') to provide responses to questions not answered at deposition, in WAWANESA'S NOTICE OF MOTION TO COMPEL 1 accordance with Code of Civil Procedure section 2025.480. 2 This motion is made pursuant to Code of Civil Procedure, section 2025.480, on the ground that Plaintiff failed to answer questions at his deposition. The information sought is highly 4 relevant and material to the issues in this case, and is not subject to any valid objection. 5 Notice is additionally given that Defendant will request that the Court award monetary sanctions against Plaintiff George Mardikian and Plaintiff's counsel, Montie S. Day, Esq., and in favor of Wawanesa General Insurance Company in the sum of $ 4,066 for willful misuse of the discovery process, which includes the unreasonable refusal to answer questions relevant to the subject matter of the action and Plaintiffs counsel's failure to engage in a meaningful meet and confer. In addition, Defendant has been compelled to bring the instant motion. 11 This Motion will be based upon this Notice, the Memorandum of Points and Authorities, Separate Statement, Declaration of Alexandra N. Selfridge, Notice of Lodgment, and Proposed fV Order filed concurrently herewith, and any other oral or documentary evidence which the Court oZ(= 14 may properly consider at the hearing on this matter. V iL'z 15 o 0 u o eg 5 Z 16 DATED: May(0, 2013 LAW OFFICES OF KENNETH N. GREENFIELD 17 18 By: KENNETH N. GREENFIELD, 19 ALEXANDRAN. SELFRIDGE Attorneys for Defendant, WAWANESA 20 GENERAL INSURANCE COMPANY 21 22 23 24 25 26 27 28 2 WAWANESA'S NOTICE OF MOTION TO COMPEL George Mardikian Case No. v. Wawanesa General Insurance Company et al. CIV 517132 2 SUPERIOR COURT OF THE STATE OF CALIFORNIA 4 COUNTY OF SAN MATEO 5 PROOF OF SERVICE C.C.P. $ 1013a, C.R.C. 2.300, et seq. 6 STATE OF CALIFORNIA ) 7 ) ss. 8 COUNTY OF SAN DIEGO ) I am employed in the aforesaid County, State of California. I am over the age of 18 years and not a party to the within action; my business address is 16516 Bernardo Center Drive, Suite 210, San Diego, 10 California 92128. On May 10, 2013, I served the following document(s) described as: 12 DEFENDANT WAWANESAGENERAL INSURANCE COMPANY'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO QUESTIONS NOT 13 ANSWERED AT DEPOSITION; REQUEST FOR ORDER AWARDING 14 MONETARY SACTIONS AGAINST GEORGE MARDIKIANAND MONTIE DAY IN THE SUM OF $ 4,066 15 DEFENDANT WAWANESA GENERAL INSIJRANCE COMPANY'S 16 MEMORANDUMOF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO 17 COMPEL RESPONSES TO QUESTIONS NOT ANSWERED AT DEPOSITION 18 DEFENDANT WAWANESA GENERAL INSURANCE COMPANY'S SEPARATE 19 STATEMENT IN SUPPORT OF MOTION TO COMPEL RESPONSES TO DEPOSITION QUESTIONS NOT ANSWERED 20 DECLARATIONOF ALEXANDRAN. SELFRIDGE IN SUPPORT OF DEFENDANT 21 WAWANESAGENERAL INSURANCE COMPANY'S MOTION TO COMPEL 22 RESPONSES TO QUESTIONS NOT ANSWERED AT DEPOSITION 23 [PROPOSED] ORDER GRANTING DEFENDANT WAWANESA GENERAL INSURANCE COMPANY'S MOTION TO COMPEL RESPONSES TO QUESTIONS 24 NOT ANSWERED AT DEPOSITION 25 DEFENDANT WAWANESA GENERAL INSURANCE COMPANY'S NOTICE OF 26 LODGMENT IN SUPPORT OF ITS MOTION TO COMPEL RESPONSES TO QUESTIONS NOT ANSWERED AT DEPOSITION 27 Proof ot Service on the interested parties in this action by: [X] Placing the original X a true copy thereof, enclosed in a sealed envelope, addressed as follows. [ ] Facsimile transmission as stated below. 4 Counsel for Plaintiff Montie S. Day, Esq. Day Law Offices 1235 Casa Paiermo Circle Henderson, Nevada 89011-3144 T: (208) 280-3766 F: (800) 219-2901 msdavesa@aoLcom [X] 'BY MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the United States 10 Postal Service on that same day, with postage thereon fully prepaid at San Diego, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after 12 date of deposit for mailing an affidavit. [X] BY E-MAIL: to msdavesa@aol.corn (Courtesy Copy Only). 14 [X] STATE: I declare under penalty of perjury under the laws of the State of California 15 that the above is true and correct. Executed on May 10, 2013, at San Diego, California. 17 18 19 20 21 22 23 24 25 26 27 Proof o(Service