Preview
Electronically
5m MIN:
by Supine: Can: elCIdau-u. County of
12/1 1/201 9
3 mum
MATTHEW A. HAULK (SBN: 272457)
RAGGHIANTI FREITAS LLP
1101 Fifth Avenue, Suite 100
San Rafael, California 94901
Telephone: (415) 453-9433
Facsimile: (415)453—8269
Attorneys for Defendants
PUNIT K. SARNA and
PUJA SARNA
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
10 LOUIS PAYCHECK, CASE NO.: 1QCIV02595
11
Plaintiff, SEPARATE STATEMENT OF ITEMS IN
12
DISPUTE: REQUESTS FOR
vs. PRODUCTION OF DOCUMENTS, SET
13 ONE
PUNIT K. SARNA, et a|.,
14 DATE: February 6, 2020
Defendants. TIME: 9:00 am.
15
DEPT.: 1, Courtroom 4C
16
JUDGE: Honorable Leland Davis, |||
17 Complaint Filed: May 10, 2019
AND RELATED CROSS-ACTION. Trial Date: Not set.
18
19 Defendants PUNIT K. SARNA and PUJA SARNA, by and through their attorney of
20 record, provides the following requests for production ofdocuments, set one verbatim,
21 plaintiff LOUIS PAYCHECK’s responses verbatim, and the reasons why (fun‘her)
22 answers to said questions should be compelled. Said statement is provided pursuant to
23 California Rules of Court, rule 3.1345.
24 DEFINITIONS
25 1. The term “EUROPEAN ENTERPRISES" means Plaintiff and Cross-
26 Defendant Louis Paycheck doing business as European Enterprises.
27 2. The term “PUNIT SARNA" means Cross-Complainant and Defendant Punit
28 Sarna a/k/a Peter Sarna.
1
SEPARATE STATEMENT OF ITEMS IN DISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
3. The term “WORK” means furnishing labor, services, equipment, materials,
Of any kind for the improvement of real property or the structures and improvements
located thereon, including but not limited to, a home improvement project, a renovation or
refurbishment project, a rehabilitation or remodeling project, and/or ground up
construction.
4. The term “SUBJECT PROPERTY” refers to the real property located at 721
Rollins Raod, Burlingame, California, 94010 which is the subject matter of this action
5. The term “YOU”, including the possessive “YOUR”, refers to EUROPEAN
ENTERPRISES, its agents, employees, independent contractors, insurance carriers,
a-nd agents and employees, and any person
1o attorneys, accountants, investigators their
11 who is acting or has acted on your behalf.
12 6. “RELATE”, “RELATING” and “RELATED” mean constituting, containing,
13 embodying, reflecting, identifying, evidencing, stating,_ dealing with, addressing,
14 commenting on, responding to, describing, or in any way pertinent to a given subject—
I
15 matter.
16 7. The term “PERSON” and “PERSONS” means any natural person or
17 persons or any firm, corporation, association, partnership, limited liabilitycompany, or
18 any other legal form or entity.
19 8. The term “COMMUNICATION” is Used in its broadestvsense, and means
20 any transmission of information from one person or entity to another, by any means,
21 including (without limitation) by personal meeting, letter, memorandum, note, telephone,
22 facsimile, radio, telegraph, electronic mail, teleconference, audio or videotape, and any
23 other transmission.
24 9. As used herein, the term DOCUMENT is intended to have the broadest
‘25 possible meaning and encompasses, without limitation, the definitions of “evidence” and
26 “writing” as set forth in Evidence Code §§140 and 250, respectively, and specifically
27 includes but is not limited to,’electronic documents such as emails, text messages, and
28 instant messages; and includes the original or copy, and both sides thereof, of
2
SEPARATE STATEMENT OF ITEMS IN DISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
handwriting, typing, printing, photostatting, photographing, and every other means of
recording upon any tangible thing, any form of communication and representation,
including letters, words, pictures, sounds, and symbols, or combinations of them. Ifa
copy of a document as herein defined, has any handwritten or extraneous materials
placed on its face, the copy is a separate document and must be produced as such.
ELECTRONICALLY STORED INFORMATION
To the extent Responding Party has Electronically Stored Information responsive
to any of the following requests, such data should be produced in native form with
metadata intact or in searchable PDF format with metadata intact. Cal. Code Civ. Proc.
10 §2031 .030(a)(2).
11 REQUESTS FOR PRODUCTION
12 Request No. 1: Any and all DOCUMENTS'RELATED to the SUBJECT
13 PROPERTY. This request includes, but is not limited to, the following specific
14 DOCUMENTS:
15 o Bids and proposals,
16 o Estimates,
17 o Contracts and sub-contracts,
18 o Plans, drawings or specifications,
19 o Photographs and videos,
20 o Permits,
21 o Permit applications,
22‘ o Permit inspection records and reports,
23 o Violation reports,
24 o Memoranda and logs,
25 o Engineering reports,
26 o Geological and structural inspection reports,
27 o Field notes and logs,
-28 o Correspondence, including emails,
3
SEPARATE STATEMENT OF ITEMS INDISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
o Development review reports and notes,
o Invoices,
o Receipts,
o Time sheets, daily logs or diaries,
o Change orders,
o Purchase orders,
o Work orders,
o Daily Extra Work Reports,
o Acknowledgements of wofk performed,
1O o Hourly Equipment/ Labor Rates Sheets
11 o Liens and Lien Releases,
12 o Preliminary notices,
13 o Bonded stop notices,
14 and all other DOCUMENTS created or received RELATING to said real property.
15' Response to Request to No. 1: Objection, this Request is compound.
16 Without waiving the objection, Responding party has made a diligent search and
inquiry and after same identifies the following documents located which are responsive to
17
18 this request:
D Bids/Proposals; Estimates; Contracts: Units 1-4 Contract dated November 12,
19
'20 2017; Updated change order itemization to contract dated December 13, 2017; Updated
21 change order itemization to contract dated March 10, 2018 regarding structural
22 engineering requirement by City of Burlingame by Plan Revision May 10, 2018;
Updated change order itemization to contract dated July 14, 2018; Updated change
23
24 order itemization to contract dated September 16, 2018.
D Plans, Drawings, Specifications: November 29, 2017 approved plan drawings by
25
City of Burlingame with permit units 1—4; January 8, 2018 addition of unit #5 with Fire
26
Sprinkler requirement plan drawings by City of Burlingame With permit unit 5.
27
D Photos, videos: none found to exist. Nothing to produce
28
4
SEPARATE STATEMENT OF ITEMS INDISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
D Permits, Permit applications, Inspection records/reports, violation reports:
o 11/29/17 Permit Application 817-0501 with backside inSpection record.
o 11/29/17 Building Dept. fees paid receipt;
o 11/29/17 Finance Dept. fees paid receipt.
o 2/6/18 Permit Application 818-0005 with backside inspection record.
o 2/6/18 Building Dept. fees paid receipt
o 2/6/18 Finance Dept. fees paid receipt
o Dept. Approval Info Sheet for Building Dept, Water Dept. Central County
Fire.1
1O o 2/22/18 Permit Application 818-0039 with backside inspection record
11 o 2/22/18 Building Dept. fees paid receipt;
12 o 2/22/18 Finance Dept. fees paid receipt;
13 o 4/20/1 8 Letter of Engineer Cox
14 o Business card of Mac Saberi, PE City of Burlingame
15 o 5/1 0/18 Finance Dept. fees paid receipt
16 D Engineering/Structural Inspection reports: 4/20/18 Letter of Engineer Cox
17 D Memoranda/Logs; field notes/Iogs; development review notes: See backside
18 inspection Cards
19 D Correspondence/e—mails: none found to exist. Nothing to produce
20 D Invoices/Receipts: various invoices and receipts exist to be produced; Paycheck
21 is amenable to a site visit for copying of such documents.
22 D Time sheets/daily reports/Iogs: none f0und to exist. Nothing to produce
23 D Change Orders: Updated change order itemization to contract dated December
24 13, 2017; Updated change order itemization to contract dated March 10, 2018 regarding
25 structural engineering requirement by City of Burlingame by Plan Revision May 10,
26 2018; Updated change order itemization to contract dated July 14, 2018; Updated
27 change order itemization to contract dated September 16, 2018.
28 D Work Orders/Daily work reports: none found to exist. Nothing to produce
5
SEPARATE STATEMENT OF ITEMS IN DISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
D Acknowledgment of work performed: See inspection cards denoted herein
D Labor r’ate sheets: none found to exist. Nothing to produce
D Hourly equipment rate sheets: none found to exist. Nothing to produce
D Lien: Mechanic‘Lien and Amended Mechanic lien to be produced
D Preliminary Notices/Bond: none found to exist. Nothing to produce
All other Documents created or received related to said real property is vague,
ambiguous, lacks specificity and is compound. V
REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED:
The Contractor’s counsel has admitted that, contrary to the Contractor’s
10 representation of a diligent search and inquiry, the Contractor has failed to search his
11 own business records. (Decl. Haulk, 11117—9). The Contractor must provide a code
12 compliant statement of compliance (CCP § 2031 .220), conduct a search and inquiry of
13 his records, including his business records (Deyo v. Ki/bourne (1978) 84 Cal.App.3d
14 771), and produce all responsive documents, and produce all responsive documents.
15 (CCP § 2031 .280). The response, as stated, merely identifies a series of responsive
I
16 documentation.
17 The Contractor’s objections are meritless. The Contractor entered into an illegal
18 and voidable home improvement contract with Punit Sarna (the “Owner”) to perform work
19 on the Property. (See Bus. & Prof Code § 7159; Asdourian v. Araj (198.5) 38 Cal.3d 276,
20 292). The Contractor has sued for the “reasonable value” of the work at the Property. The
21 Owner has filed a Cross-Complaint for damages based on, among other failures, the
22 Contractor’s failure to complete work; the Contractor’s defective work, the Contractor’s
23 delayed work, and the Contractors double—billings, inflated billings, and padded billings.
24 Theré is nothing “vague” or uncertain about a request for the Contractor’s
25 documents and communications related to the Property. Under the circumstances bf this
26 case, this is a well-defined and reaéonably particularized categoryof records. The
27 Contractor has performed a single project at the Property. Further, the fact that the
28 request identifies specific responsive documents (further clarifying the request) does not
6
SEPARATE STATEMENT OF ITEMS IN DISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
make it
compound”. Even ifthis request were compound, that objection is only appropriate in
response to a compound special interrogatory and not in response to a request for
production. (CCP § 2030.060(f)).
Request No. 2: All DOCUMENTS, including COMMUNICATIONS, RELATING
to any contracts for WORK to the SUBJECT PROPERTY including, but not limited to, any
change orders or modification agreements.
Response to Request No_ 2; Responding party has made a diligent search and
inquiry and after same identifies the following documents located which are responsive to
1o.
this request:
Units 1—4 Contract dated November 12, 2017; November 29, 2017 approved plan
11
12 drawings by City of Burlingame with permit units 1-4; Updated change order itemization
to coritract dated December 13, 2017; January 8, 2018 addition of unit #5 with Fire
13
Sprinkler requirement plan drawings by City of Burlingame with permit unit 5; Updated
14
15 change order itemization to contract dated March 10, 2018 regarding structural
engineering requirement by City of Burlingame by Plan Revision May 10, 2018; Updated
16
I
17 change order itemization to contract dated July 14, 2018; Updated change order
18 itemization to contract dated September 16, 2018.
19 REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED:
20 The court should fequire the Contractor to provide a statement of complete
V
21 compliance as required by CCP § 2031 .220. The Contractor’s counsel has admitted that,
22 contrary to this response, the Contractor has not even searched his own business
23 records for responsive documents. (Decl. Haulk, 111] 7-9). The court should order the
24 Contractor to conduct a diligent search and inquiry, including his own business records,
25 and produce all responsive documents.
‘
26 Request No. 3: All DOCUMENTS. Including COMMUNICATIONS, RELATING
27 to any subcontracts for WORK to the SUBJECT PROPERTY including, but not limited to,
28 any change~orders or modification agreements.
7
SEPARATE STATEMENT OF ITEMS INDISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
Response to Request No, 3; Responding party has. made a diligent search and
inquiry and after same identifies that no subcontracts exist to be produced.
REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED:
The court should require the Contractor to provide a statement of complete
compliance or inability to comply as required by CCP § 2031 .220-2031 .230. The
Contractor’s counsel has admitted that, contrary to this response, the Contractor has not
even searched his own business records for responsive documents. (Decl. Haulk, 111]
7—
9). The court should order the Contractor to conduct a diligent search and inquiry,
including his own business records, and produce all responsive documents.
1o Request No. 4: All DOCUMENTS, including COMMUNICATIONS, RELATING
11 to any WORK YOU supplied to the SUBJECT PROPERTY.
12 Response to Request to No. 4: Responding party has made a diligent search
13 and inquiry and after same identifies the following documents located which are
14 responsive to this request:
1‘-4
15 Units Contract dated November 12, 2017; November 29, 2017 approved plan
16 drawings by City of Burlingame With permit units 1-4; Updated change order itemization
I
17 to contract dated December 13, 2017; January 8, 2018 addition of unit #5 with Fire
>
18 Sprinkler requirement plan drawings by City of Burlingame with permit unit 5; Updated
19 change order itemization to contract dated March 10, 2018 regarding structural
20 engineering requirement by City of Burlingame by Plan Revision May 10, 2018; Updated
21 change order itemization to contract dated July 14, 2018; Updated change order
22 itemization to contract dated September 16, 2018. The documents listed in Request No.
23 1 are incorporated by reference to be responsive to this Request, too.
24 REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED:
25 The Contractor must provide a statement of complete compliance as required by
26 CCP § 2031 .220. The Contractor’s counsel has admitted that, contrary to this response,
27 the Contractor has not even searched his own business records for responsive
28 documents. (Decl. Haulk, 1m 7—9). The court should order the Contractor to conduct a
8
SEPARATE STATEMENT OF ITEMS IN DISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
diligent search and inquiry, including his own business records, and produce all
responsive documents.
[Request No. 5: AII DOCUMENTS, including COMMUNICATIONS, RELATING
.
to any labor that EUROPEAN ENTERPRISES supplied to the SUBJECT PROPERTY
including, but not limited to, any change orders or modifiCation agreements.
Response to Request No_ 5; Objection to interrogatory calling for personal and
financially sensitive information of employment of third parties not a party to this action.
Employee financial information shall not be produced.
REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED:
1o This is not an interrogatory, itis a request for production. The Contractor is
11 lodging boilerplate objections. 'The Contractor bears the burden to produce evidence to
12 support this objection. He cannot carry his burden. This request does not seek personal
13 financial information or records protected by the California Constitutional right to privacy.
14 This request seeks documents and communications related to labor supplied to the
15 Property, including payment records. The documents relating to labor that the Contractor
16 supplied to the project are highly relevant to the foundational allegations Contractor’s
17 Complaint, including causes of action for the “reasonable value” of his alleged work, and
18 the Owner’s Cross-Complaint, including claims of doubIe—billing, inflated billings, and
19 fraudulent billings. This information is not private or confidential and any “privacy interest”
20 is outweighed by the Owner’s right to discovery. _
21 Request No. 6: All DOCUMENTS, including COMMUNICATIONS, RELATED
22 to any materials EUROPEAN ENTERPRISES supplied to lthe SUBJECT PROPERTY
23 (including, without limitation, purchase orders, receipts, and proof of payment).
24 Response to request no. 6: Paycheck identifies a 3—page document identifying
25 material costs.
26 REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED:
27 This response fails to comply with CCP § 2031 .210. The Contractor must provide
28 a statement of complete compliance as required by CCP § 2031 .220. The court should
9
SEPARATE STATEMENT OF ITEMS IN DISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE I
order the Contractor to conduct a diligent search and inquiry, including his own business
records, and produce all responsive documents.
Request No. 7: All DOCUMENTS, including COMMUNICATIONS, RELATED
to any equipment EUROPEAN ENTERPRISES supplied to the SUBJECT PROPERTY
(including, without limitation, rental contract, lease contracts, time sheets and logs, and
fuel receipts).
Response to Request to No. 7: Paycheck identifies a 3-page document _
identifying material costs. Discovery continues.
REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED:
10 This response fails to comply with CCP § 2031 .210. The court should require the
11 Contractof to provide a statement of complete compliance as required by CCP §
1.2 2031 .220. The court should ordér the Contractor to conduct a diligent search and inquiry,
13 including his own business records, and produce all responsive documents.
14 Request No. 8: All DOCUMENTS, including COMMUNICATIONS, RELATED
'
15 to any services EUROPEAN ENTERPRISES supplied to the SUBJECT PROPERTY.
16 Response to Request to No. 8: Other than Labor and materials identified above,
17 no ‘services’ were provided and nothing is found to responsive to this request.
18 REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED:
19 This response fails to comply with CCP § 2031 .210 and is unintelligible. The
20 Contractor must provide a statement of complete complianceés required by CCP §
21 2031 .220. The. court should order the Contractor to conduct a diligent search and inquiry,
22 including his own business records, and produce all responsive documents.
23 Request No. 9: All DOCUMENTS, including COMMUNICATIONS, RELATED
24 to any subcontractors. who supplied WORK to the SUBJECT PROPERTY.
a.
25 Response to Request to No.9: Responding party has made diligent search
26 and inquiry and after same identifies that no subcontracts exist to be produced.
27 REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED:
28 The Contractor must provide a statement of complete compliance or inability to
10
SEPARATE STATEMENT OF ITEMS IN DISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
comply as required by CCP § 2031 .220—2031 .230.The Contractor’s counsel has admitted
that, contrary to this response, the Contractor has not even searched his own business
V
records for responsive documents. (Decl. Haulk, 11117-9). The court should order the‘
Contractor to conduct a diligent search and inquiry, including his own business records,
and produce all responsive documents.
Request No. 10: All DOCUMENTS, including COMMUNICATIONS, RELATED
to payments made by EUROPEAN ENTERPRISES to any PERSON for WORK at the
SUBJECT PROPERTY (including, without limitations, payments made to employees,
subcontractors, construction professionals, material suppliers, and/or equipment rental
1O companies).
11‘ Response to Request to No. 10: Objection to this Request calls for personal and
12 private employment documents of employees, or relating to employees, whose right to
13 financial privaCy exists for nondisclosure of such information. As such, based upon the
14 employees right to financial privacy no documents are identified for production.
.
15 REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED:
16 The Contractor bears the burden to produce evidence to support this objection. He
17 will be unable to do so. This request does not seek personal financial information or
18 records protected by the California Constitutional right to privacy. This request seeks
19 documents related to'payments that the Contractor made for work at the Property. The
20 documents relating to labor that the Contractor supplied to the project are highly relevant
21 to the foundational allegations Contractor’s Complaint, including causes of action for the
22 “reasonable value” of work; and the Owner’s Cross-Complaint, including claims of
23 double—billing, inflated billings, and fraudulent billings. This information is not private or
24 confidential and any “privacy interest” is outweighed byithe Owner’s right to discovery.
25 Request No. 11: AII DOCUMENTS, including COMMUNICATIONS, RELATED
26 to any invoices for WORK at the SUBJECT PROPERTY (including invoices issued by
27 any PERSON to EUROPEAN ENTERPRISES, and any invoice issued by EUROPEAN
28 ENTERPRISES to Punit Sarna).
11
SEPARATE STATEMENT OF ITEMS IN DISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
Response to Request to No. 11: Responding party has made a diligent search
and inquiry and after same identifies the following documents located which are
responsive to this request:
Units 1-4 Contract dated November 12, 2017; November 29, 2017 approved plan
drawings by City of Burlingame with permit units 1—4; Updated change order itemization
to contract dated December 13, 2017; January 8, 2018 addition of unit #5 with Fire
Sprinkler requirement plan drawings by City of Burlingame with permit unit 5; Updated
change order itemization to contract datéd March 10, 2018 regarding structural
engineering requirement by City of Burlingame by Plan Revision May 10, 2018; Updated
10 change order itemization to contract dated July 14, 2018; Updated change order
11 itemization to contract dated September 16, 2018. The documents listed in Request No.
12 1 are incorporated by reference to be responsive to this Request, too.
13 REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED:
14 The Contractor must provide a statement of complete compliance as required by
15 CCP §2031 .220. The Contractor’s counsel has admitted that, gontrary to this response,
16 the Contractor has not even searched his own business records for responsive
17 documents. (Decl. Haulk, 11117—9). The court should order the Contractor to conduct a
I
18 diligent séarch and inquiry, including his own business records, and produce all
r
19 responsive documents.
20 Request No. 12:
‘
All DOCUMENTS, includingCOMMUNICATIONS, RELATED
21 to YOUR contractor’s license during the period from January 1, 2016 to the present,
22 including, but not limited to, any and all applications and renewal applications submitted
‘
23 to the Contractors State License Board, any DOCUMENTS RELATED to complaints
24 made against YOUR license and/or disciplinary proceedings against YOU.
25 Response to Request to No. 12: Responding party has made a diligent search
26 and inquiry and after same identifies that no documents are in this party’s possession to
27 be produced.
28 ///
12
SEPARATE STATEMENT OF ITEMS IN DISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED:
The Contractor must provide a statement of complete compliance as required by
CCP § 2031 .220. The Contractor’s counsel has admitted that, contrary to this response,
the Contractor has not even searched his own business records for responsive
documents. (Decl. Haulk, 11 7-9). The court should order the Contractor to conduct a
diligent search and inquiry, including his own business records, and produce all
responsive documents.
Request No. 13: All COMMUNICATIONS between YOU'and Punit Sarna.
Response to Request to No. 13: Responding party has made a diligent search
1o and inquiry and after same identifies the following documents located which are
11 responsive to this request:
12 Units 1—4 Contract dated November 12, 2017; November 29, 2017 approved plan
13 drawings by City of Burlingame with permit units 1-4‘; Updated change order itemization
‘
14 to contract dated Decembér 13, 2017; January 8, 2018 additibn of unit #5 with Fire
15 Sprinkler requirement plan drawings by City of Burlingame with permit unit 5; Updated
16 change order itemization to contract dated March 10, 2018 regarding structural
17 engineering requirement by City of Burlingame by Plan Revision May 10, 2018; Updated
18 change order itemization to contract dated July 14, 2018; Updated change order
19 itemization to contract dated September 16, 2018. The documents listed in Request No.
20 1 are incorporated by reference to be responsive to this Request, too.
21 REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED:
22 The Contractor must provide a statement of complete compliance as required by
23 CCP § 2031 .220. The Contractor’s counsel has admitted that, contrary to this response,
24 the Contractor has not even searched his own business records for responsive
25 documents. (Decl. Haulk, 1m 7-9). The court should order the Contractor to conduct a
26 diligent search and inquiry, including his own business records, and produce all
27 responsive documents.
28 Request No. 14: All COMMUNICATIONS between YOU and Puja Sarna.
13
SEPARATE STATEMENT OF ITEMS IN DISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
Response to Request to No. 14: Responding party has made a diligent search
and inquiry and after same identifies that no responsive documents exist.
REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED:
The Contractor must provide a statement of complete compliance or statement of
inability to comply as required by CCP § 2031 .220-2031 .230. The Contractor’s counsel
has admitted that, contrary to this response, the Contractor has not ev
Preview
Electronically 5m MIN: by Supine: Can: elCIdau-u. County of 12/1 1/201 9 3 mum MATTHEW A. HAULK (SBN: 272457) RAGGHIANTI FREITAS LLP 1101 Fifth Avenue, Suite 100 San Rafael, California 94901 Telephone: (415) 453-9433 Facsimile: (415)453—8269 Attorneys for Defendants PUNIT K. SARNA and PUJA SARNA SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 10 LOUIS PAYCHECK, CASE NO.: 1QCIV02595 11 Plaintiff, SEPARATE STATEMENT OF ITEMS IN 12 DISPUTE: REQUESTS FOR vs. PRODUCTION OF DOCUMENTS, SET 13 ONE PUNIT K. SARNA, et a|., 14 DATE: February 6, 2020 Defendants. TIME: 9:00 am. 15 DEPT.: 1, Courtroom 4C 16 JUDGE: Honorable Leland Davis, ||| 17 Complaint Filed: May 10, 2019 AND RELATED CROSS-ACTION. Trial Date: Not set. 18 19 Defendants PUNIT K. SARNA and PUJA SARNA, by and through their attorney of 20 record, provides the following requests for production ofdocuments, set one verbatim, 21 plaintiff LOUIS PAYCHECK’s responses verbatim, and the reasons why (fun‘her) 22 answers to said questions should be compelled. Said statement is provided pursuant to 23 California Rules of Court, rule 3.1345. 24 DEFINITIONS 25 1. The term “EUROPEAN ENTERPRISES" means Plaintiff and Cross- 26 Defendant Louis Paycheck doing business as European Enterprises. 27 2. The term “PUNIT SARNA" means Cross-Complainant and Defendant Punit 28 Sarna a/k/a Peter Sarna. 1 SEPARATE STATEMENT OF ITEMS IN DISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE 3. The term “WORK” means furnishing labor, services, equipment, materials, Of any kind for the improvement of real property or the structures and improvements located thereon, including but not limited to, a home improvement project, a renovation or refurbishment project, a rehabilitation or remodeling project, and/or ground up construction. 4. The term “SUBJECT PROPERTY” refers to the real property located at 721 Rollins Raod, Burlingame, California, 94010 which is the subject matter of this action 5. The term “YOU”, including the possessive “YOUR”, refers to EUROPEAN ENTERPRISES, its agents, employees, independent contractors, insurance carriers, a-nd agents and employees, and any person 1o attorneys, accountants, investigators their 11 who is acting or has acted on your behalf. 12 6. “RELATE”, “RELATING” and “RELATED” mean constituting, containing, 13 embodying, reflecting, identifying, evidencing, stating,_ dealing with, addressing, 14 commenting on, responding to, describing, or in any way pertinent to a given subject— I 15 matter. 16 7. The term “PERSON” and “PERSONS” means any natural person or 17 persons or any firm, corporation, association, partnership, limited liabilitycompany, or 18 any other legal form or entity. 19 8. The term “COMMUNICATION” is Used in its broadestvsense, and means 20 any transmission of information from one person or entity to another, by any means, 21 including (without limitation) by personal meeting, letter, memorandum, note, telephone, 22 facsimile, radio, telegraph, electronic mail, teleconference, audio or videotape, and any 23 other transmission. 24 9. As used herein, the term DOCUMENT is intended to have the broadest ‘25 possible meaning and encompasses, without limitation, the definitions of “evidence” and 26 “writing” as set forth in Evidence Code §§140 and 250, respectively, and specifically 27 includes but is not limited to,’electronic documents such as emails, text messages, and 28 instant messages; and includes the original or copy, and both sides thereof, of 2 SEPARATE STATEMENT OF ITEMS IN DISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE handwriting, typing, printing, photostatting, photographing, and every other means of recording upon any tangible thing, any form of communication and representation, including letters, words, pictures, sounds, and symbols, or combinations of them. Ifa copy of a document as herein defined, has any handwritten or extraneous materials placed on its face, the copy is a separate document and must be produced as such. ELECTRONICALLY STORED INFORMATION To the extent Responding Party has Electronically Stored Information responsive to any of the following requests, such data should be produced in native form with metadata intact or in searchable PDF format with metadata intact. Cal. Code Civ. Proc. 10 §2031 .030(a)(2). 11 REQUESTS FOR PRODUCTION 12 Request No. 1: Any and all DOCUMENTS'RELATED to the SUBJECT 13 PROPERTY. This request includes, but is not limited to, the following specific 14 DOCUMENTS: 15 o Bids and proposals, 16 o Estimates, 17 o Contracts and sub-contracts, 18 o Plans, drawings or specifications, 19 o Photographs and videos, 20 o Permits, 21 o Permit applications, 22‘ o Permit inspection records and reports, 23 o Violation reports, 24 o Memoranda and logs, 25 o Engineering reports, 26 o Geological and structural inspection reports, 27 o Field notes and logs, -28 o Correspondence, including emails, 3 SEPARATE STATEMENT OF ITEMS INDISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE o Development review reports and notes, o Invoices, o Receipts, o Time sheets, daily logs or diaries, o Change orders, o Purchase orders, o Work orders, o Daily Extra Work Reports, o Acknowledgements of wofk performed, 1O o Hourly Equipment/ Labor Rates Sheets 11 o Liens and Lien Releases, 12 o Preliminary notices, 13 o Bonded stop notices, 14 and all other DOCUMENTS created or received RELATING to said real property. 15' Response to Request to No. 1: Objection, this Request is compound. 16 Without waiving the objection, Responding party has made a diligent search and inquiry and after same identifies the following documents located which are responsive to 17 18 this request: D Bids/Proposals; Estimates; Contracts: Units 1-4 Contract dated November 12, 19 '20 2017; Updated change order itemization to contract dated December 13, 2017; Updated 21 change order itemization to contract dated March 10, 2018 regarding structural 22 engineering requirement by City of Burlingame by Plan Revision May 10, 2018; Updated change order itemization to contract dated July 14, 2018; Updated change 23 24 order itemization to contract dated September 16, 2018. D Plans, Drawings, Specifications: November 29, 2017 approved plan drawings by 25 City of Burlingame with permit units 1—4; January 8, 2018 addition of unit #5 with Fire 26 Sprinkler requirement plan drawings by City of Burlingame With permit unit 5. 27 D Photos, videos: none found to exist. Nothing to produce 28 4 SEPARATE STATEMENT OF ITEMS INDISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE D Permits, Permit applications, Inspection records/reports, violation reports: o 11/29/17 Permit Application 817-0501 with backside inSpection record. o 11/29/17 Building Dept. fees paid receipt; o 11/29/17 Finance Dept. fees paid receipt. o 2/6/18 Permit Application 818-0005 with backside inspection record. o 2/6/18 Building Dept. fees paid receipt o 2/6/18 Finance Dept. fees paid receipt o Dept. Approval Info Sheet for Building Dept, Water Dept. Central County Fire.1 1O o 2/22/18 Permit Application 818-0039 with backside inspection record 11 o 2/22/18 Building Dept. fees paid receipt; 12 o 2/22/18 Finance Dept. fees paid receipt; 13 o 4/20/1 8 Letter of Engineer Cox 14 o Business card of Mac Saberi, PE City of Burlingame 15 o 5/1 0/18 Finance Dept. fees paid receipt 16 D Engineering/Structural Inspection reports: 4/20/18 Letter of Engineer Cox 17 D Memoranda/Logs; field notes/Iogs; development review notes: See backside 18 inspection Cards 19 D Correspondence/e—mails: none found to exist. Nothing to produce 20 D Invoices/Receipts: various invoices and receipts exist to be produced; Paycheck 21 is amenable to a site visit for copying of such documents. 22 D Time sheets/daily reports/Iogs: none f0und to exist. Nothing to produce 23 D Change Orders: Updated change order itemization to contract dated December 24 13, 2017; Updated change order itemization to contract dated March 10, 2018 regarding 25 structural engineering requirement by City of Burlingame by Plan Revision May 10, 26 2018; Updated change order itemization to contract dated July 14, 2018; Updated 27 change order itemization to contract dated September 16, 2018. 28 D Work Orders/Daily work reports: none found to exist. Nothing to produce 5 SEPARATE STATEMENT OF ITEMS IN DISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE D Acknowledgment of work performed: See inspection cards denoted herein D Labor r’ate sheets: none found to exist. Nothing to produce D Hourly equipment rate sheets: none found to exist. Nothing to produce D Lien: Mechanic‘Lien and Amended Mechanic lien to be produced D Preliminary Notices/Bond: none found to exist. Nothing to produce All other Documents created or received related to said real property is vague, ambiguous, lacks specificity and is compound. V REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED: The Contractor’s counsel has admitted that, contrary to the Contractor’s 10 representation of a diligent search and inquiry, the Contractor has failed to search his 11 own business records. (Decl. Haulk, 11117—9). The Contractor must provide a code 12 compliant statement of compliance (CCP § 2031 .220), conduct a search and inquiry of 13 his records, including his business records (Deyo v. Ki/bourne (1978) 84 Cal.App.3d 14 771), and produce all responsive documents, and produce all responsive documents. 15 (CCP § 2031 .280). The response, as stated, merely identifies a series of responsive I 16 documentation. 17 The Contractor’s objections are meritless. The Contractor entered into an illegal 18 and voidable home improvement contract with Punit Sarna (the “Owner”) to perform work 19 on the Property. (See Bus. & Prof Code § 7159; Asdourian v. Araj (198.5) 38 Cal.3d 276, 20 292). The Contractor has sued for the “reasonable value” of the work at the Property. The 21 Owner has filed a Cross-Complaint for damages based on, among other failures, the 22 Contractor’s failure to complete work; the Contractor’s defective work, the Contractor’s 23 delayed work, and the Contractors double—billings, inflated billings, and padded billings. 24 Theré is nothing “vague” or uncertain about a request for the Contractor’s 25 documents and communications related to the Property. Under the circumstances bf this 26 case, this is a well-defined and reaéonably particularized categoryof records. The 27 Contractor has performed a single project at the Property. Further, the fact that the 28 request identifies specific responsive documents (further clarifying the request) does not 6 SEPARATE STATEMENT OF ITEMS IN DISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE make it compound”. Even ifthis request were compound, that objection is only appropriate in response to a compound special interrogatory and not in response to a request for production. (CCP § 2030.060(f)). Request No. 2: All DOCUMENTS, including COMMUNICATIONS, RELATING to any contracts for WORK to the SUBJECT PROPERTY including, but not limited to, any change orders or modification agreements. Response to Request No_ 2; Responding party has made a diligent search and inquiry and after same identifies the following documents located which are responsive to 1o. this request: Units 1—4 Contract dated November 12, 2017; November 29, 2017 approved plan 11 12 drawings by City of Burlingame with permit units 1-4; Updated change order itemization to coritract dated December 13, 2017; January 8, 2018 addition of unit #5 with Fire 13 Sprinkler requirement plan drawings by City of Burlingame with permit unit 5; Updated 14 15 change order itemization to contract dated March 10, 2018 regarding structural engineering requirement by City of Burlingame by Plan Revision May 10, 2018; Updated 16 I 17 change order itemization to contract dated July 14, 2018; Updated change order 18 itemization to contract dated September 16, 2018. 19 REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED: 20 The court should fequire the Contractor to provide a statement of complete V 21 compliance as required by CCP § 2031 .220. The Contractor’s counsel has admitted that, 22 contrary to this response, the Contractor has not even searched his own business 23 records for responsive documents. (Decl. Haulk, 111] 7-9). The court should order the 24 Contractor to conduct a diligent search and inquiry, including his own business records, 25 and produce all responsive documents. ‘ 26 Request No. 3: All DOCUMENTS. Including COMMUNICATIONS, RELATING 27 to any subcontracts for WORK to the SUBJECT PROPERTY including, but not limited to, 28 any change~orders or modification agreements. 7 SEPARATE STATEMENT OF ITEMS INDISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE Response to Request No, 3; Responding party has. made a diligent search and inquiry and after same identifies that no subcontracts exist to be produced. REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED: The court should require the Contractor to provide a statement of complete compliance or inability to comply as required by CCP § 2031 .220-2031 .230. The Contractor’s counsel has admitted that, contrary to this response, the Contractor has not even searched his own business records for responsive documents. (Decl. Haulk, 111] 7— 9). The court should order the Contractor to conduct a diligent search and inquiry, including his own business records, and produce all responsive documents. 1o Request No. 4: All DOCUMENTS, including COMMUNICATIONS, RELATING 11 to any WORK YOU supplied to the SUBJECT PROPERTY. 12 Response to Request to No. 4: Responding party has made a diligent search 13 and inquiry and after same identifies the following documents located which are 14 responsive to this request: 1‘-4 15 Units Contract dated November 12, 2017; November 29, 2017 approved plan 16 drawings by City of Burlingame With permit units 1-4; Updated change order itemization I 17 to contract dated December 13, 2017; January 8, 2018 addition of unit #5 with Fire > 18 Sprinkler requirement plan drawings by City of Burlingame with permit unit 5; Updated 19 change order itemization to contract dated March 10, 2018 regarding structural 20 engineering requirement by City of Burlingame by Plan Revision May 10, 2018; Updated 21 change order itemization to contract dated July 14, 2018; Updated change order 22 itemization to contract dated September 16, 2018. The documents listed in Request No. 23 1 are incorporated by reference to be responsive to this Request, too. 24 REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED: 25 The Contractor must provide a statement of complete compliance as required by 26 CCP § 2031 .220. The Contractor’s counsel has admitted that, contrary to this response, 27 the Contractor has not even searched his own business records for responsive 28 documents. (Decl. Haulk, 1m 7—9). The court should order the Contractor to conduct a 8 SEPARATE STATEMENT OF ITEMS IN DISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE diligent search and inquiry, including his own business records, and produce all responsive documents. [Request No. 5: AII DOCUMENTS, including COMMUNICATIONS, RELATING . to any labor that EUROPEAN ENTERPRISES supplied to the SUBJECT PROPERTY including, but not limited to, any change orders or modifiCation agreements. Response to Request No_ 5; Objection to interrogatory calling for personal and financially sensitive information of employment of third parties not a party to this action. Employee financial information shall not be produced. REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED: 1o This is not an interrogatory, itis a request for production. The Contractor is 11 lodging boilerplate objections. 'The Contractor bears the burden to produce evidence to 12 support this objection. He cannot carry his burden. This request does not seek personal 13 financial information or records protected by the California Constitutional right to privacy. 14 This request seeks documents and communications related to labor supplied to the 15 Property, including payment records. The documents relating to labor that the Contractor 16 supplied to the project are highly relevant to the foundational allegations Contractor’s 17 Complaint, including causes of action for the “reasonable value” of his alleged work, and 18 the Owner’s Cross-Complaint, including claims of doubIe—billing, inflated billings, and 19 fraudulent billings. This information is not private or confidential and any “privacy interest” 20 is outweighed by the Owner’s right to discovery. _ 21 Request No. 6: All DOCUMENTS, including COMMUNICATIONS, RELATED 22 to any materials EUROPEAN ENTERPRISES supplied to lthe SUBJECT PROPERTY 23 (including, without limitation, purchase orders, receipts, and proof of payment). 24 Response to request no. 6: Paycheck identifies a 3—page document identifying 25 material costs. 26 REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED: 27 This response fails to comply with CCP § 2031 .210. The Contractor must provide 28 a statement of complete compliance as required by CCP § 2031 .220. The court should 9 SEPARATE STATEMENT OF ITEMS IN DISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE I order the Contractor to conduct a diligent search and inquiry, including his own business records, and produce all responsive documents. Request No. 7: All DOCUMENTS, including COMMUNICATIONS, RELATED to any equipment EUROPEAN ENTERPRISES supplied to the SUBJECT PROPERTY (including, without limitation, rental contract, lease contracts, time sheets and logs, and fuel receipts). Response to Request to No. 7: Paycheck identifies a 3-page document _ identifying material costs. Discovery continues. REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED: 10 This response fails to comply with CCP § 2031 .210. The court should require the 11 Contractof to provide a statement of complete compliance as required by CCP § 1.2 2031 .220. The court should ordér the Contractor to conduct a diligent search and inquiry, 13 including his own business records, and produce all responsive documents. 14 Request No. 8: All DOCUMENTS, including COMMUNICATIONS, RELATED ' 15 to any services EUROPEAN ENTERPRISES supplied to the SUBJECT PROPERTY. 16 Response to Request to No. 8: Other than Labor and materials identified above, 17 no ‘services’ were provided and nothing is found to responsive to this request. 18 REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED: 19 This response fails to comply with CCP § 2031 .210 and is unintelligible. The 20 Contractor must provide a statement of complete complianceés required by CCP § 21 2031 .220. The. court should order the Contractor to conduct a diligent search and inquiry, 22 including his own business records, and produce all responsive documents. 23 Request No. 9: All DOCUMENTS, including COMMUNICATIONS, RELATED 24 to any subcontractors. who supplied WORK to the SUBJECT PROPERTY. a. 25 Response to Request to No.9: Responding party has made diligent search 26 and inquiry and after same identifies that no subcontracts exist to be produced. 27 REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED: 28 The Contractor must provide a statement of complete compliance or inability to 10 SEPARATE STATEMENT OF ITEMS IN DISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE comply as required by CCP § 2031 .220—2031 .230.The Contractor’s counsel has admitted that, contrary to this response, the Contractor has not even searched his own business V records for responsive documents. (Decl. Haulk, 11117-9). The court should order the‘ Contractor to conduct a diligent search and inquiry, including his own business records, and produce all responsive documents. Request No. 10: All DOCUMENTS, including COMMUNICATIONS, RELATED to payments made by EUROPEAN ENTERPRISES to any PERSON for WORK at the SUBJECT PROPERTY (including, without limitations, payments made to employees, subcontractors, construction professionals, material suppliers, and/or equipment rental 1O companies). 11‘ Response to Request to No. 10: Objection to this Request calls for personal and 12 private employment documents of employees, or relating to employees, whose right to 13 financial privaCy exists for nondisclosure of such information. As such, based upon the 14 employees right to financial privacy no documents are identified for production. . 15 REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED: 16 The Contractor bears the burden to produce evidence to support this objection. He 17 will be unable to do so. This request does not seek personal financial information or 18 records protected by the California Constitutional right to privacy. This request seeks 19 documents related to'payments that the Contractor made for work at the Property. The 20 documents relating to labor that the Contractor supplied to the project are highly relevant 21 to the foundational allegations Contractor’s Complaint, including causes of action for the 22 “reasonable value” of work; and the Owner’s Cross-Complaint, including claims of 23 double—billing, inflated billings, and fraudulent billings. This information is not private or 24 confidential and any “privacy interest” is outweighed byithe Owner’s right to discovery. 25 Request No. 11: AII DOCUMENTS, including COMMUNICATIONS, RELATED 26 to any invoices for WORK at the SUBJECT PROPERTY (including invoices issued by 27 any PERSON to EUROPEAN ENTERPRISES, and any invoice issued by EUROPEAN 28 ENTERPRISES to Punit Sarna). 11 SEPARATE STATEMENT OF ITEMS IN DISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE Response to Request to No. 11: Responding party has made a diligent search and inquiry and after same identifies the following documents located which are responsive to this request: Units 1-4 Contract dated November 12, 2017; November 29, 2017 approved plan drawings by City of Burlingame with permit units 1—4; Updated change order itemization to contract dated December 13, 2017; January 8, 2018 addition of unit #5 with Fire Sprinkler requirement plan drawings by City of Burlingame with permit unit 5; Updated change order itemization to contract datéd March 10, 2018 regarding structural engineering requirement by City of Burlingame by Plan Revision May 10, 2018; Updated 10 change order itemization to contract dated July 14, 2018; Updated change order 11 itemization to contract dated September 16, 2018. The documents listed in Request No. 12 1 are incorporated by reference to be responsive to this Request, too. 13 REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED: 14 The Contractor must provide a statement of complete compliance as required by 15 CCP §2031 .220. The Contractor’s counsel has admitted that, gontrary to this response, 16 the Contractor has not even searched his own business records for responsive 17 documents. (Decl. Haulk, 11117—9). The court should order the Contractor to conduct a I 18 diligent séarch and inquiry, including his own business records, and produce all r 19 responsive documents. 20 Request No. 12: ‘ All DOCUMENTS, includingCOMMUNICATIONS, RELATED 21 to YOUR contractor’s license during the period from January 1, 2016 to the present, 22 including, but not limited to, any and all applications and renewal applications submitted ‘ 23 to the Contractors State License Board, any DOCUMENTS RELATED to complaints 24 made against YOUR license and/or disciplinary proceedings against YOU. 25 Response to Request to No. 12: Responding party has made a diligent search 26 and inquiry and after same identifies that no documents are in this party’s possession to 27 be produced. 28 /// 12 SEPARATE STATEMENT OF ITEMS IN DISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED: The Contractor must provide a statement of complete compliance as required by CCP § 2031 .220. The Contractor’s counsel has admitted that, contrary to this response, the Contractor has not even searched his own business records for responsive documents. (Decl. Haulk, 11 7-9). The court should order the Contractor to conduct a diligent search and inquiry, including his own business records, and produce all responsive documents. Request No. 13: All COMMUNICATIONS between YOU'and Punit Sarna. Response to Request to No. 13: Responding party has made a diligent search 1o and inquiry and after same identifies the following documents located which are 11 responsive to this request: 12 Units 1—4 Contract dated November 12, 2017; November 29, 2017 approved plan 13 drawings by City of Burlingame with permit units 1-4‘; Updated change order itemization ‘ 14 to contract dated Decembér 13, 2017; January 8, 2018 additibn of unit #5 with Fire 15 Sprinkler requirement plan drawings by City of Burlingame with permit unit 5; Updated 16 change order itemization to contract dated March 10, 2018 regarding structural 17 engineering requirement by City of Burlingame by Plan Revision May 10, 2018; Updated 18 change order itemization to contract dated July 14, 2018; Updated change order 19 itemization to contract dated September 16, 2018. The documents listed in Request No. 20 1 are incorporated by reference to be responsive to this Request, too. 21 REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED: 22 The Contractor must provide a statement of complete compliance as required by 23 CCP § 2031 .220. The Contractor’s counsel has admitted that, contrary to this response, 24 the Contractor has not even searched his own business records for responsive 25 documents. (Decl. Haulk, 1m 7-9). The court should order the Contractor to conduct a 26 diligent search and inquiry, including his own business records, and produce all 27 responsive documents. 28 Request No. 14: All COMMUNICATIONS between YOU and Puja Sarna. 13 SEPARATE STATEMENT OF ITEMS IN DISPUTE: REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE Response to Request to No. 14: Responding party has made a diligent search and inquiry and after same identifies that no responsive documents exist. REASON(S) WHY (FURTHER) ANSWERS SHOULD BE COMPELLED: The Contractor must provide a statement of complete compliance or statement of inability to comply as required by CCP § 2031 .220-2031 .230. The Contractor’s counsel has admitted that, contrary to this response, the Contractor has not ev