Preview
I Murray Tragish, Esq., CSB 4180759
LAW OFFICES OF MURRAY TRAGISH
2 5330 Office Center Court, Suite 72
Bakersfield, California 93309
3 Fax: (661) 324-2654
E-Mail:
4
Ray T. Mullen, Esq., CSB III I 1 852
5 LAW OFFICE OF RAY T. MULLKN
5330 Office Center Court, Suite 32
6
1405 Commercial Way, Suite 130
Bakersfield, California 93309
7
Tel: (661) 631-1531
E-Mail:
8
9 Attorneys for PlaintifflCross-Defendant: Aldar Mini Storage, L.P., a
California limited partnership and
IO
Cross-Defendant: Den el Ridenour
SUPERIOR COURT OF THE STATE OF CALIFORNIA
12
IN AND FOR THE COUNTY OF KERN — CIVIL UNLIMITED
13
14
ALDAR MINI STORAGE, I..P., a California Case No.: BCV-20-101265-BCB
15 limited partnership,
DECI. ARATION OF MURRAY TRAGISI-I
16 IN SUPPORT OF MOTION FOR AV
Plaintiff, ORDER COMPELLING FURTHER
17 vs. WRITTEN RESPONSES AND
DOCUMENTS TO DEMAND FOR
18 THV ENTERPRISES, a California corporation; PRODUCTION OF DOCUIYIENTS, SET
ONE, AND FOR THE IMPOSITION OF
THV HAYKNARIK„LLC, a California limited MONETARY SANCTIONS, AND MEET
19
liability company; WORI.D OF PENTECOST, AND CONFFR
20 INC., a California non-profit religious [CCP II2033.310(a)(1)(2), CCP
corporation, also known as WORLD OF I'12031.310(b)(I)(2), CCP ti2016.040;
21 PENTECOST-LIFE CHURCH; KHACHATUR and Rule 3.1345 of the CRCJ
GHASABYAN, an individual, iso known as Date of Hearing: March 22, 2022
22
CHRIS GHASABYAN; TIGRAN Time of Hearing: 8:30 a.in.
23 ARUTYUNYAN, an individual; and DOES I Division: H
through 500, inclusive
24 Defendants.
25
WORLD OF PENTECOST, INC., a Assigned to the Honorable Bernard C. Barmann
26 Action Filed: June I, 2020
First Amended Cross-Complaint: May 24, 2021
Cross-Complainant, Trial Date: May 23, 2022
27
28
vs.
DECLARATION OF MURRAY TRAGISH IN SUPPORT OF MOTION FOR AN ORDER COMPELLING FURTHER
WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR
THE IMPOSITION OF MONETARY SANCTIONS, AND MEET AND CONFER
I
ALDAR MINI STORAGE, L.P., a
I
California limited partnership, DERRELL
2 RIDENOUR, an individual, HEIDI NELSON,
an individual, THV ENTERPRISES, a
3 California corporation; THV HAYKNARIK,
4
LLC, a California limited liability company;
ALDAR MINI STORAGE, L.P., a California
3 limited partnership, KHACHATUR
GHASABYAN, an individual, also known as
6 CHRIS GHASABYAN; TIGRAN
ARUTYI7ii YAN, All Person Unknown,
7
Claiming any Legal or Equitable Right, Title,
8 Estate, Lien, or Interest in the Property
Described in the Complaint or Cross-Complaint
9
Adverse to Cross-Complainant's Title Thereto,
10
and DOES I through 500, inclusive,
ICrossl-Defendants.
12
I„Murray Tragish, do hereby state and declare as follows:
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1. That I am an attorney duly licensed to practice before all Courts in the State of California,
14
13
and I am one of the attorneys of record for the Plaintiff/Cross-Defendant: Aldar Mini Storage,
16
L.P. and Cross-Defendant: Derrel Ridenour (hereinafter collectively referred to as "Aldar"),
17 2. I have personal knowledge of the facts stated herein, except where the text indicates
18 otherwise to which I believe them to be true, and if called as a witness, could and would
19 competently attest thereto.
20 3. On or about June I, 2020, Aldar filed a Complaint (hereinafter referred to as the "Aldat
21 Complaint" ) in the instant case against several defendants, including World of Pentecost, Inc. aka
22 World of Pentecost-Life Church (hereinafter referred to as "WOP"). Thereinafter, after Demurret
23 and answering the Aldar Complaint, WOP filed a verified First Amended Cross-Complaint on ot
24
about May 24, 2021, under penalty of perjury, consisting of alleged thirteen causes of action
23
containing 36-pages of specific allegations in a convoluted and incoherent fashion (the "WOP
26
FACC"). The subject of the Aldar Complaint and the WOP FACC concerns improved real
27
property, with a commercial building, located at 3205 Fairfax Road, Bakersfield, California
28
(hereinafter referred to as the "Real Property" ). In order to discern and understand the extensive
DECLARATION OF MURRAY TRAGISH IN SUPPORT OF MOTION FOR AN ORDER COMPELLING FURTHER
WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR
THE IMPOSITION OF MONETARY SANCTIONS, AND MEET AND CONFER
2
I WOP verified allegations, Aldar propounded a first set of Demand for Production of Documents tc
WOP on July 20, 2021 {the "Document Demands" ).
4. Each of the Document Demands and Responses at issue are identified in Aldar's Separate
Statement of Disputed Matters {hereinafter referred to as the "SSDM") filed concurrently
5
herewith.
6
5. Thereinafter, the original date on which the responses to the aforementioned propounded
7
discovery were due was August 26, 2021.
8
6. Not having received any responses to the Document Demands by September 13, 2021,
9
this Declarant caused an email to be sent to the then counsel of record for WOP, Thomas
10
Alexander, Jr.,Esq. (hereinafter referred to as "Alexander" ), and advised of the lack of receipt ol
11
responses on the due date, and that due to the untimely responses, that all objections to the
12
discovery had been waived, and provided a deadline of September 22, 2021 for the delinquent
13
responses with the advisement that failure to provide responses by such date would result in 8
14
Motion to Compel. A copy of said September 13, 2021 email is attached hereto as Exhibit "A"
which by this reference is incorporated as though set forth in full herein and throughout.
7. On or about October 12, 2021, in response to telephone conversations rvith Alexander
regarding WOP's failure to respond to the Document 13emands, and Alexander's indication that
19 his representation of WOP was previously at issue, I emailed to his offices a confirmation that
20 his client, WOP, intended to be continuously represented by Alexander and based on such
representation, that Aldar agreed to extend to WOP an extension of time to provide the responses
to the Document Demands, and it was agreed that WOP had waived all standing to asserl
objections. Aldar granted the extension to respond to WOP to October 26, 2021.
24
8. On October 26, 2021, this Declarant received an email from Alexander wherein he
25
advised that he had mailed by first class mail WOP's discovery responses to the Document
26
Demands, and this Declarant received the responses on or about October 30, 2021.
27
9. In review of the October 26, 2021 WOP responses to the Document Demands
28
{hereinafter referred to as the "October 2021 Responses"), WOP has essentially provided 2
DECLARATION OF MURRAY TRAGISH IN SUPPORT OF MOTION FOR AN ORDER COMPELLING FURTHER
WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR
THE IMPOSITION OF MONETARY SANCTIONS, AND MEET AND CONFER
3
I similar boilerplate written responses to the 173 Document Demands, under penalty of perjury, as
follows:
i. Resnonse A. "The responding party will produce the documents in his
possession and controk however cannot fullv comrzlv with Reauest No. I'inseited for the
5
resnective reauest1 because some documents are no longer in the rzossession and control of the
6
resrzondine tzartv. lf'e have onlv been able to recover some of the documents: Exhibit those
I
7
documents nrovidedl. However. we are still trvinu to recover other documents which relate ana
8
rzertain to Reauest Xo. [inserted for the respective request]. These other relevant documents;
9
which we believe exist to the best of our knowledge cannot not be accurately listed at this time;
10
because we cannot recall all documentsq consequently, due to lapse of time, memory and the
inabilitv to access the Church's additional tzhvsical records. It'ehave been barred and deniea
12
access bv an armed securitv guard to our Church business office where all hard conies. retzorts.
13
documents. and recordings, were proocrlv stored at 3025 Fairfax Road, Bakersfield, California
14
93306. 2 diligent search and a reasonable inauirv have been made in an effort to comolv with
this demand,'* [emphasis added] (hereinafter referred to as the "Response A")
17 ii. Resnonse B. "The resoondine nartv is unable to comtzlv with Reauest Ato,
[inserted for the resnective reauestl because the relevant documents which we believe exist to the
19 best of our knowledge cannot not be accuratelv listed at this time; because we cannot recall ah
20 documents; consequently, due to lapse of time, memory and the inability to access the Churclz'5
additional physical records. Pke have been barred and denied access bv an armed securitv
guard to our Church business office where all hard conies. reoorts. documents. and recordings.
were nrotzerlv stored at 3025 Fairfax Road. Bakersfield. California 93306. A diligent search
and a reasonable inauirv have been made in an effort to comtzlv with this demand." [emphasis
25
added] (hereinMer referred to as the "Response B")
26
10. After receiving WOP's Responses to the Document Demands, and finding them
27
deficient, on November 29, 2021, this Declarant sent to Mr. Alexander a meet and confer letter
28
and requested further responses and production of documents. Attached as Exhibit "B" is a copy
DECLARATION OF MURRAY TRAGISH IN SUPPORT OF MOTION FOR AN ORDER COMPELLING FURTHER
WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR
THE IMPOSITION OF MONETARY SANCTIONS, AND MEET AND CONFER
4
I of the November 29, 2021 meet and confer letter, which by this reference is incorporated as
though set foith in full herein and throughout (hereinafter referred to as the "First Meet and
Confer Letter").
11. The First Meet and Confer Letter, while addressing other boilerplate responses in the
Response A and Response B, did not state and describe WOP's reasonable efforts engaged to
6
gain access to their alleged offices where purportedly documents responsive to the Document
7
Demands were located (based on the specific allegations in the FACC), contrary to references to
8
documents made 2-months earlier by WOP in their verified FACC. Further, that WOP had the
9
burden to pursue available procedures to gain access and produce the documents so as to avoid
IO
undue surprise to Aldar in these proceedings.
II
12. Subsequently, and contrary to Alexander's earlier representation, on November 30, 2021,
12
this Declarant received an email from Alextuider indicating that he had completely substituted
l3
I4
out as the attorney of record on behalf of Defendant and Cross-Complainant: WOP, and attached
as Exhibit "C" is a copy of the referenced November 30, 2021 email with the Substitution ol
Attorney indicating Alexander's withdrawal as attorney for the Defendant and Cross-
Complainant: WOP, which by this reference is incorporated as through set forth in full herein
Is and throughout (hereinafter referred to as the "Alexander Substitution" ).
19 13. Having been advised of Alexander'8 withdrawal from the case, on December 3, 2021,.
2o this Declarant spoke with Kurt Johnson (purported Chief Executive Officer of WOP) whc
confirmed the withdrawal of Alexander, and that WOP was working on retaining a new attorney
in Bakersfield, and it was agreed I would receive supplemental responses and documents to the
Document Demands by December 17, 2021, without objections, and we agreed to an extension
24
of time for Aldar to file a Motion to Compel.
25
14. On December 7, 2021, this Declarant again spoke to Kurt Johnson and his wife, Linda
26
Johnson (purported Chief Financial Officer of WOP), and they again requested an extension of
27
time to serve supplemental responses to the Document Demands. Later that day, I received a
28
telephone call from Alexander wherein he indicated that both he and WOP agreed that Alexandei
DECLARATION OF MURRAY TRAGISH IN SUPPORT OF MOTION FOR AN ORDER COMPELLING FURTHER
WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR
THE IMPOSITION OF MONETARY SANCTIONS, AND MEET AND CONFER
5
I would assist WOP in resolving the current Discovery issues set forth in this Declarant's First
Meet and Confer Letter. Further, Alexander confirmed that he would have further verified
responses, without objections, by WOP to the Document Demands to this Declarant by
December 17, 2021.
15. This Declarant advised WOP, through Kurt Johnson and Linda Johnson, that since
6
Alexander was no longer the attorney of record for WOP that I could not converse any longer
7
with him regarding the instant lawsuit unless I received an agreement in writing from WOP that I
8
was authorized to speak with Alexander, which was not received until January 22, 2022.
9
16. On December 29, 2021, this Declarant once again spoke with Kurt Johnson indicating
10
that I did not receive the supplement responses to the Document Demands, and he advised me of
ll
his efforts to obtain new legal counsel for WOP.
12
17, On December 31, 2021, this Declarant spoke with Kurt Johnson again, wherein we
13
discussed the status of Alexander as an attorney in the case for WOP, and that I have received no
14
notice from Alexander confirming that he has substituted back in the case. Johnson again
indicated that WOP was in the process of obtaining local counsel but had not completed the
retainment. Based on Kurt Johnson's representations, we agreed to provide a further one-week
extension of time for WOP to provide supplemental responses and documents to the Document
19 Demands, and that the Aldar Motion to Compel was extended to Januaty 14, 2022. A copy of
20 the email confirmation of the one-week extension is attached hereto as Exhibit "D" which by this
reference is incorporated as though set forth in full herein and throughout.
18. Kurt Johnson advised this Declarant that the extension tlirough January 14, 2021 was
incorrect and I resent to him on December 31, 2021 an email indicating the typographical error
24
and that the extended date for a Motion to Compel was January 14, 2022, as set forth in the
25
attached Exhibit "E*'hich by this reference is incorporated as though set forth in full herein and
26
throughout.
27
19. On or about January 3, 2022, this Declarant received by email from Alexander (who still
28
was not the attorney of record for WOP), WOP's written supplemental responses to the
DECLARATION OF MURRAY TRAGISH IN SUPPORT OF MOTION FOR AN ORDER COMPELLING FLRTHER
WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR
THE IMPOSITION OF MONETARY SANCTIONS, AND MEET AND CONFER
6
Document Demands [hereinafter referred to as the January 3, 2022 Responses" ), in which WOP
provided written responses to all 177 requests in the Document Demands with the same or
similar boilerplate responses as found in the original October 2021 Responses.
20. In reviewing the January 3, 2022 Responses there were now 3 boilerplate written
5
responses to the 173 Document Requests, made under penalty of perjury, as follows:
i. Resnonse C - "A diligent search and a reasonable inquiry has been made in an
7
effort to comply with that demand, and after this Responding Party's diligent search this
8
Responding Party lacks the ability to comply with this demand for production. The inability to
9
comply is because the particular item or category is no longer in the possession, custodv. oi
10
control of this Restrondine Partv. The name and address of the natural person(s) or
11
organization known or believed by this Responding Party to have possession, custodv. or control
12
vj'he item(s) that ilare the subject of demand fvr production are THV ENTERPRISES, v
13
California corporation, THV IIAYKNARIK, LLC., a California limited liability company,
KHACIIATUR GHASAIJYAN, an individual, also known as CHRPS GHASABYAN and IIGRAbi
P3306*'6
ARUTYUNYUN, an individual, whvse address is
[emphasis added] (hereinafter referred to as '"Ikesponse C")
3025 Fairfax Road, Bakersfield, CA
17
18
19
21
22
23
24
25
ot'0that
ii.
this
reasonable
Resvonse
documents
Resnonse D
Responding
documents or things in
this Resvondinu Partv.
Exhibit,
inquiry
to Reauest
resvonsive
has
— "The
Party
the
The
been
documents previously provided to
for
to
demand
will
made
comply
Production.
this
in
the
reauest"
vf the Propounding Party will
an
with
effort
this
this
demanded category that are in
documents
Production have been previously provided to
or things
to
Request
comply
Propounding Party,
Resvondinu
[emphasis added]
for
the possession,
requested which
the Propounding Party,
and are incorporated by this reference as if set forth in full.
with
and the
Partv is
this
be allowed in
Production
comply with
demand.
unaware
[hereinafter referred
and
Other
documents included in
of anv
to as
whole,
produce
custodv. or control
than
ana
this Request for
and are attached herein as
4 diligent search and a
al1
the
th '6
additional
"Response
27 D7j)
28
DECLARATION OF ML'RRAY TRAGISH IN SUPPORT OF MOTION FOR AN ORDER COMPELLING FURTHER
WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR
THE IMPOSITION OF MONETARY SANCTIONS, AND MEET AND CONFER
7
I iii. Resnonse E — The responding party in unable to comply with Request ¹.
because the relevant documents; which we believe exist to the best of our knowledae cannot noi
be accuratelv listed at this time; because we cannot recall all documents; consequently, due to
the lapse of rime, memory and the inabilitv to access the Church's additional ohvsical records.
5
8e have been barred and denied access bv an armed securitv euard to our Church business
6
office where all hard conies. reoort. documents. and recordines, were orooerlv stored at 3025
7
Fairfax Road. Bakersfield. California 93306. 2 diligent search and a reasonable inauirv have
been made in an effort to comply with this demand." [emphasis added] (hereinafter referred to as
9
"Response E**).
10
21. In essence, Response C indicates that the requested documents are in the control oi
11
Defendants/Cross-Defendants: THV Enterprises„THV Hayknarik, LLC, Khachatur Ghasabyan
12
and Tigran Arutyunyun (hereinafter collectively referred to as the "TI-IV Group" ), parties to
13
these proceedings and Tenants at the Real Property, and based on the same WOP sworn
14
testimony in its prior Response A and Response B to the Document Demands, and fails to
indicate and specify what reasonable efforts were pursued to gain access to the WOP offices.
22. WOP claims that it is barred from access to its alleged offices where the THV Group is
currently a tenant. The Response D, contrary to WOP's prior sworn testimony in Response A
and Response B as found in the October 202I Responses to the Document Demands, indicates
20 that WOP has engaged in a diligent search and reasonable inquiry in an effort to comply with the
Document Demands, yet WOP claims it has not received access to all documents in its purported
offices, which is contradicted by allegations it is "unaware of any additional documents
responsive to this request" and further, fails to state and describe its efforts to gain access to the
24
offices for the documents.
25
23. The Response E confirms WOP's contention that it cannot respond to the requests in the
26
Document Demands because WOP does not have access to its alleged offices and is barred and
27
"denied access by an armed security guard to our Church business office where all copies,
reports, docmnents and reporting were properly stored at 3025 Fairfax Road, Bakersfield
DECLARATION OF MURRAY TRAGISH IN SUPPORT OF MOTION FOR AN ORDER COMPELLING FURTHER
WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR
THE IMPOSITION OF MONETARY SANCTIONS, AND MEET AND CONFER
8
I California 93306." WOP claims a "diligent search and reasonable inquiry have been made in an
effort to comply with this demand" yet in all responses (Response A, Response B, Response C,
Response D and Response E) it fails to state and describe specifically what reasonable efforts
were enaaaed to cain access to the a]]cued office and documents.
5
24. The WOP repetitive boilerplate answers (Response C, Response D and Response E) can
6
be found in response to the following Aldar's Document Demands, which are also set forth in the
7
Separate Statement of Disputed Matters filed concurrently herewith:
i. Resnonse C is nrovided to Aldar's Document Reauests numbered 9, 10, 11, 12,
9
38, 39, 41, 43, 65, 66, 67, 68, 69, 71, 72, 73, 74, 75, 77, 78, 108, 109, 110, 111, 116, 117, 118,
10
119, 120, 121, 122, 125, 140, 151, 152„ 153, 164, 165, 166, 171, 172, 178, 179 and 180
Il
(however, there were only 177 Document Requests)
iii. Resnonse D is nrovided to Aldar's Document Reauests numbered 2, 3, 4, 5, 6, 7
8, 13, 14, 15, 16, 17, 18, 19, 20„ 21, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 40,
42, 44, 45, 46, 47, 48, 49 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 70, 76, 79, 80.
81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104,.
16
105, 106, 107, 112, 113, 1]4, 115, 123, 124, 127, 128, 129, 130, 131, 132, 133, ]34, 135, 136,
17
137, 138, 139, 141, ]42, 143, 144, ]45, 146, 147, 148, 149, 150, 156, 157, 158, 159, ]60, 161,
162, 163, 167, 168, 169, 170, 173, 174, 175, 176 and, 177
19
iii. Response F.is orovided to Aldar's Document Reauests numbered 126, 154, and
20
155.
21
25. Again, A]dar is concerned and wishes to avoid surprise at trial and the need to file
22
motions in these proceedings in view of the failure by WOP to make any reasonable effort to
23
gain access to its purported offices, either legally or otherwise, which at the present ithas not
24
25
engaged in any reasonable efforts or procedures to do so.
26. Once again, on February 11, 2022, this Declarant sent another meet and confer letter to
27 Alexander, and Kirk Johnson and Linda Johnson, a copy of which is attached as Exhibit "F",
DECLARATION OF MURRAY TRAGISH IN SUPPORT OF MOTION FOR AN ORDER COiiIPELLING FURTHER
WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR
THE IMPOSITION OF MONETARY SANCTIONS, AND MEET AND CONFER
9
which by this rcf'crcncc is incorporatecf as though sct I'orth in li)llherein an&! flu ouc!bout
(hcrcinaiiier re(brrec! to as the "Second Meet caid Confer I.ctter").
27. 'I'hc S(.'cond Ivlcetand Confer Letter indicated iha't the issue good-faith
clsto of'alleged
.I
0!'I'ortsby WOP to obtain access to its a!lcgcc! olliccs for the documents responsive to the
Document Demands. that WOP has not macle a diligent search cmd reasonable ef'I'ortto ii'iin
6
access. tluit WOI'iis 1101 coi'Itacicd thc attorney I'orilic Tl-IV Group (who has now substituted
7
out). and mal c rcasoiuiblc cff'orts I'0) access. and Iailccl to petition the Court to retrieve
do&nimcnts and produce thc responsive documents.
t)
2g. 'I'hc Second ivicct and Con!br I.etter requcstccl that the responsive documents bc: received
I(I
h) I'cbruary 18. 202 and no confirmation by WO)'as been made that they arc f'Orthcoming and
Io Iliivc
&le!i(; i)&it
Ii'ccivcd I'i)'fiis Decl(i('ant,
!2
"').'I'hcrcfore. Ahfar sccf&s in Orclcr I'rom the within Court to direct WOP to engage in
l3
reasomiblc cl'I'ortsand inquii) to iiain access to its alleged ollices. and gain «cccs3. '111&1
14
provide furtltcr vcrificd and responsive answers cillclI'cspon'sics. doc(ii'I'iciits.
'et)id Io tile 177
Document Demancls. )vithout objections. no later the!i)I $ -dcays Irom the hearing on this Motion.
oi'ilcli (nthcf scii1ctioris iis Is (1ppn)pile!Ill Iilchiding st(if(n)g WOP's Answer Io thc A!den
Complaint and dismissal oi'he WOI''ACC.
I) .0. 'I'his s ho(ii'I)'('.(."
t)ccfiii'Uilt Is (Ippfoxiinatl'I)i$ . 50.00 per ho(ii! a!i&IIi)ave sf)clitovcI'ix
20 (6) hours in iccviei(ing thc files. legal research. ancl preparation ol'he hlotice of thc within
Motion. Memorandum of'Points caid Authorities. Scparalc Statement, and the instant Declaration
27
lilccfin support o!'he Motion. Ihc filing I'ceol'60.00. cilfin thc total apf)roxf)nate aliloiii'it
ol
3
2'.1
$ 2.160.00
Ideclare uncfer pen«fty of perjuiy under thc laws of the State ofpafifo!Oia that the I'orcgoina
is
is true and correct. I.'sccutcd on this 0 "'ay ol"Ircbruary. 2022 at Baf ei'sf)used,,fcolif'ornicrc
27
Murray 'fg'nish })
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44
Amy Belyeu
From: Murray Tragish
Sent: Monday, September 13, 2021 3:23 PM
To: Thomas and Jessica Alexander
cc: Ray Mullen; Amy Belyeu
Subject: Aldar / World of Pentecost///discovery
Attachments: Special Interrogatories Set One to WOP.pdf; Declaration in Support of Additional
Special Interrogatories Set One to WOP.pdf; Demand for Production of Documents Set
One to WOP.pdf; Form Interrogatories Set One to WOP.pdf
Tom:
On july 20, 2021, my offices served on your offices the attached first sets of Special
Interrogatories, Declaration of Murray Tragish in support of the Special Interrogatories,
Demand for Production of Documents, and Form Interrogatories to your client World of
Pentecost aka World of Pentecost-Life Church.
Your clients responses were due August 26, 2021, and to date I have received no
responses.
Under the California Discovery Act your client has waived all objections to the
propounded and referenced discovery, including ones based on privilege or the Attorney
Work Product privilege, CCP sections 2030.290(a), and 2031.300 (a).
If my offices do not receive written responses to the above referenced propounded
discovery with no objections and assertion of privileges by the close of business at 5:00
p.m., on September 22, 2021, my client will file motions to compel responses to the
discovery and for monetary and issue sanctions.
Murray
Please note the following new address/
Murray Tragish, Esq.
LAW OFFICES OF MURRAY TRAGISH
5330 Office Center Court, Suite 72
Bakersfield, California 93309
Tel: (661) 324-2648
E-Mail:,: . r = nish.c:":.c1
'.
Direct: (661) 342-1178
NOTICE OF CONFIDENTIALITY. The information contained in this e-mail is information
protected by attorney-client and/or attorney work product privilege. This
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4C
I AW OFFICES
MURRAY 7 RAG l S H
CCCC OFFICE CENTER CCIINT. SUITE IF
IIAKRRSF!EL&,CLLIFORNiA 93339
ICCC CCC-CCCC
3-NAII:. mUICFSmUmcIIcclch.corn
November 29, 202'1
Thomas M. Alexander, Jr. VIA Ii'IRST.CLASS MAIL
Thomas M. Alexander'aw OIIices AND ELECTRONIC MAIL
226 East Sixth Street slexsndcrslawCkamail.corn
Beaumont, California 92223
Thomas hL Alexander, Jr. Esq.
Alexander Law Micss
468 N. Camden Drive, Suite 200
Beverly Kills, California 90210
Re: Alder Mni Storane. LP. v THV Enterorises. et aL and relatsd cross-Recon
Kern Countv Suncrior Court. case number BCV-20-101265-BCB
Calgornfa Cods ofCivil Procedure @2016.040, 2031.310(b)(2)
Nest and Confer Letter; Erst set of Demand for Prcductisn of Documents
Dear Mr. Alexander:
On July 20, 2021, my client, Alder Mni* Storage, LP, (NAlde"), served, your oIBces with a
Preview
I Murray Tragish, Esq., CSB 4180759 LAW OFFICES OF MURRAY TRAGISH 2 5330 Office Center Court, Suite 72 Bakersfield, California 93309 3 Fax: (661) 324-2654 E-Mail: 4 Ray T. Mullen, Esq., CSB III I 1 852 5 LAW OFFICE OF RAY T. MULLKN 5330 Office Center Court, Suite 32 6 1405 Commercial Way, Suite 130 Bakersfield, California 93309 7 Tel: (661) 631-1531 E-Mail: 8 9 Attorneys for PlaintifflCross-Defendant: Aldar Mini Storage, L.P., a California limited partnership and IO Cross-Defendant: Den el Ridenour SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 IN AND FOR THE COUNTY OF KERN — CIVIL UNLIMITED 13 14 ALDAR MINI STORAGE, I..P., a California Case No.: BCV-20-101265-BCB 15 limited partnership, DECI. ARATION OF MURRAY TRAGISI-I 16 IN SUPPORT OF MOTION FOR AV Plaintiff, ORDER COMPELLING FURTHER 17 vs. WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR 18 THV ENTERPRISES, a California corporation; PRODUCTION OF DOCUIYIENTS, SET ONE, AND FOR THE IMPOSITION OF THV HAYKNARIK„LLC, a California limited MONETARY SANCTIONS, AND MEET 19 liability company; WORI.D OF PENTECOST, AND CONFFR 20 INC., a California non-profit religious [CCP II2033.310(a)(1)(2), CCP corporation, also known as WORLD OF I'12031.310(b)(I)(2), CCP ti2016.040; 21 PENTECOST-LIFE CHURCH; KHACHATUR and Rule 3.1345 of the CRCJ GHASABYAN, an individual, iso known as Date of Hearing: March 22, 2022 22 CHRIS GHASABYAN; TIGRAN Time of Hearing: 8:30 a.in. 23 ARUTYUNYAN, an individual; and DOES I Division: H through 500, inclusive 24 Defendants. 25 WORLD OF PENTECOST, INC., a Assigned to the Honorable Bernard C. Barmann 26 Action Filed: June I, 2020 First Amended Cross-Complaint: May 24, 2021 Cross-Complainant, Trial Date: May 23, 2022 27 28 vs. DECLARATION OF MURRAY TRAGISH IN SUPPORT OF MOTION FOR AN ORDER COMPELLING FURTHER WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR THE IMPOSITION OF MONETARY SANCTIONS, AND MEET AND CONFER I ALDAR MINI STORAGE, L.P., a I California limited partnership, DERRELL 2 RIDENOUR, an individual, HEIDI NELSON, an individual, THV ENTERPRISES, a 3 California corporation; THV HAYKNARIK, 4 LLC, a California limited liability company; ALDAR MINI STORAGE, L.P., a California 3 limited partnership, KHACHATUR GHASABYAN, an individual, also known as 6 CHRIS GHASABYAN; TIGRAN ARUTYI7ii YAN, All Person Unknown, 7 Claiming any Legal or Equitable Right, Title, 8 Estate, Lien, or Interest in the Property Described in the Complaint or Cross-Complaint 9 Adverse to Cross-Complainant's Title Thereto, 10 and DOES I through 500, inclusive, ICrossl-Defendants. 12 I„Murray Tragish, do hereby state and declare as follows: 13 1. That I am an attorney duly licensed to practice before all Courts in the State of California, 14 13 and I am one of the attorneys of record for the Plaintiff/Cross-Defendant: Aldar Mini Storage, 16 L.P. and Cross-Defendant: Derrel Ridenour (hereinafter collectively referred to as "Aldar"), 17 2. I have personal knowledge of the facts stated herein, except where the text indicates 18 otherwise to which I believe them to be true, and if called as a witness, could and would 19 competently attest thereto. 20 3. On or about June I, 2020, Aldar filed a Complaint (hereinafter referred to as the "Aldat 21 Complaint" ) in the instant case against several defendants, including World of Pentecost, Inc. aka 22 World of Pentecost-Life Church (hereinafter referred to as "WOP"). Thereinafter, after Demurret 23 and answering the Aldar Complaint, WOP filed a verified First Amended Cross-Complaint on ot 24 about May 24, 2021, under penalty of perjury, consisting of alleged thirteen causes of action 23 containing 36-pages of specific allegations in a convoluted and incoherent fashion (the "WOP 26 FACC"). The subject of the Aldar Complaint and the WOP FACC concerns improved real 27 property, with a commercial building, located at 3205 Fairfax Road, Bakersfield, California 28 (hereinafter referred to as the "Real Property" ). In order to discern and understand the extensive DECLARATION OF MURRAY TRAGISH IN SUPPORT OF MOTION FOR AN ORDER COMPELLING FURTHER WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR THE IMPOSITION OF MONETARY SANCTIONS, AND MEET AND CONFER 2 I WOP verified allegations, Aldar propounded a first set of Demand for Production of Documents tc WOP on July 20, 2021 {the "Document Demands" ). 4. Each of the Document Demands and Responses at issue are identified in Aldar's Separate Statement of Disputed Matters {hereinafter referred to as the "SSDM") filed concurrently 5 herewith. 6 5. Thereinafter, the original date on which the responses to the aforementioned propounded 7 discovery were due was August 26, 2021. 8 6. Not having received any responses to the Document Demands by September 13, 2021, 9 this Declarant caused an email to be sent to the then counsel of record for WOP, Thomas 10 Alexander, Jr.,Esq. (hereinafter referred to as "Alexander" ), and advised of the lack of receipt ol 11 responses on the due date, and that due to the untimely responses, that all objections to the 12 discovery had been waived, and provided a deadline of September 22, 2021 for the delinquent 13 responses with the advisement that failure to provide responses by such date would result in 8 14 Motion to Compel. A copy of said September 13, 2021 email is attached hereto as Exhibit "A" which by this reference is incorporated as though set forth in full herein and throughout. 7. On or about October 12, 2021, in response to telephone conversations rvith Alexander regarding WOP's failure to respond to the Document 13emands, and Alexander's indication that 19 his representation of WOP was previously at issue, I emailed to his offices a confirmation that 20 his client, WOP, intended to be continuously represented by Alexander and based on such representation, that Aldar agreed to extend to WOP an extension of time to provide the responses to the Document Demands, and it was agreed that WOP had waived all standing to asserl objections. Aldar granted the extension to respond to WOP to October 26, 2021. 24 8. On October 26, 2021, this Declarant received an email from Alexander wherein he 25 advised that he had mailed by first class mail WOP's discovery responses to the Document 26 Demands, and this Declarant received the responses on or about October 30, 2021. 27 9. In review of the October 26, 2021 WOP responses to the Document Demands 28 {hereinafter referred to as the "October 2021 Responses"), WOP has essentially provided 2 DECLARATION OF MURRAY TRAGISH IN SUPPORT OF MOTION FOR AN ORDER COMPELLING FURTHER WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR THE IMPOSITION OF MONETARY SANCTIONS, AND MEET AND CONFER 3 I similar boilerplate written responses to the 173 Document Demands, under penalty of perjury, as follows: i. Resnonse A. "The responding party will produce the documents in his possession and controk however cannot fullv comrzlv with Reauest No. I'inseited for the 5 resnective reauest1 because some documents are no longer in the rzossession and control of the 6 resrzondine tzartv. lf'e have onlv been able to recover some of the documents: Exhibit those I 7 documents nrovidedl. However. we are still trvinu to recover other documents which relate ana 8 rzertain to Reauest Xo. [inserted for the respective request]. These other relevant documents; 9 which we believe exist to the best of our knowledge cannot not be accurately listed at this time; 10 because we cannot recall all documentsq consequently, due to lapse of time, memory and the inabilitv to access the Church's additional tzhvsical records. It'ehave been barred and deniea 12 access bv an armed securitv guard to our Church business office where all hard conies. retzorts. 13 documents. and recordings, were proocrlv stored at 3025 Fairfax Road, Bakersfield, California 14 93306. 2 diligent search and a reasonable inauirv have been made in an effort to comolv with this demand,'* [emphasis added] (hereinafter referred to as the "Response A") 17 ii. Resnonse B. "The resoondine nartv is unable to comtzlv with Reauest Ato, [inserted for the resnective reauestl because the relevant documents which we believe exist to the 19 best of our knowledge cannot not be accuratelv listed at this time; because we cannot recall ah 20 documents; consequently, due to lapse of time, memory and the inability to access the Churclz'5 additional physical records. Pke have been barred and denied access bv an armed securitv guard to our Church business office where all hard conies. reoorts. documents. and recordings. were nrotzerlv stored at 3025 Fairfax Road. Bakersfield. California 93306. A diligent search and a reasonable inauirv have been made in an effort to comtzlv with this demand." [emphasis 25 added] (hereinMer referred to as the "Response B") 26 10. After receiving WOP's Responses to the Document Demands, and finding them 27 deficient, on November 29, 2021, this Declarant sent to Mr. Alexander a meet and confer letter 28 and requested further responses and production of documents. Attached as Exhibit "B" is a copy DECLARATION OF MURRAY TRAGISH IN SUPPORT OF MOTION FOR AN ORDER COMPELLING FURTHER WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR THE IMPOSITION OF MONETARY SANCTIONS, AND MEET AND CONFER 4 I of the November 29, 2021 meet and confer letter, which by this reference is incorporated as though set foith in full herein and throughout (hereinafter referred to as the "First Meet and Confer Letter"). 11. The First Meet and Confer Letter, while addressing other boilerplate responses in the Response A and Response B, did not state and describe WOP's reasonable efforts engaged to 6 gain access to their alleged offices where purportedly documents responsive to the Document 7 Demands were located (based on the specific allegations in the FACC), contrary to references to 8 documents made 2-months earlier by WOP in their verified FACC. Further, that WOP had the 9 burden to pursue available procedures to gain access and produce the documents so as to avoid IO undue surprise to Aldar in these proceedings. II 12. Subsequently, and contrary to Alexander's earlier representation, on November 30, 2021, 12 this Declarant received an email from Alextuider indicating that he had completely substituted l3 I4 out as the attorney of record on behalf of Defendant and Cross-Complainant: WOP, and attached as Exhibit "C" is a copy of the referenced November 30, 2021 email with the Substitution ol Attorney indicating Alexander's withdrawal as attorney for the Defendant and Cross- Complainant: WOP, which by this reference is incorporated as through set forth in full herein Is and throughout (hereinafter referred to as the "Alexander Substitution" ). 19 13. Having been advised of Alexander'8 withdrawal from the case, on December 3, 2021,. 2o this Declarant spoke with Kurt Johnson (purported Chief Executive Officer of WOP) whc confirmed the withdrawal of Alexander, and that WOP was working on retaining a new attorney in Bakersfield, and it was agreed I would receive supplemental responses and documents to the Document Demands by December 17, 2021, without objections, and we agreed to an extension 24 of time for Aldar to file a Motion to Compel. 25 14. On December 7, 2021, this Declarant again spoke to Kurt Johnson and his wife, Linda 26 Johnson (purported Chief Financial Officer of WOP), and they again requested an extension of 27 time to serve supplemental responses to the Document Demands. Later that day, I received a 28 telephone call from Alexander wherein he indicated that both he and WOP agreed that Alexandei DECLARATION OF MURRAY TRAGISH IN SUPPORT OF MOTION FOR AN ORDER COMPELLING FURTHER WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR THE IMPOSITION OF MONETARY SANCTIONS, AND MEET AND CONFER 5 I would assist WOP in resolving the current Discovery issues set forth in this Declarant's First Meet and Confer Letter. Further, Alexander confirmed that he would have further verified responses, without objections, by WOP to the Document Demands to this Declarant by December 17, 2021. 15. This Declarant advised WOP, through Kurt Johnson and Linda Johnson, that since 6 Alexander was no longer the attorney of record for WOP that I could not converse any longer 7 with him regarding the instant lawsuit unless I received an agreement in writing from WOP that I 8 was authorized to speak with Alexander, which was not received until January 22, 2022. 9 16. On December 29, 2021, this Declarant once again spoke with Kurt Johnson indicating 10 that I did not receive the supplement responses to the Document Demands, and he advised me of ll his efforts to obtain new legal counsel for WOP. 12 17, On December 31, 2021, this Declarant spoke with Kurt Johnson again, wherein we 13 discussed the status of Alexander as an attorney in the case for WOP, and that I have received no 14 notice from Alexander confirming that he has substituted back in the case. Johnson again indicated that WOP was in the process of obtaining local counsel but had not completed the retainment. Based on Kurt Johnson's representations, we agreed to provide a further one-week extension of time for WOP to provide supplemental responses and documents to the Document 19 Demands, and that the Aldar Motion to Compel was extended to Januaty 14, 2022. A copy of 20 the email confirmation of the one-week extension is attached hereto as Exhibit "D" which by this reference is incorporated as though set forth in full herein and throughout. 18. Kurt Johnson advised this Declarant that the extension tlirough January 14, 2021 was incorrect and I resent to him on December 31, 2021 an email indicating the typographical error 24 and that the extended date for a Motion to Compel was January 14, 2022, as set forth in the 25 attached Exhibit "E*'hich by this reference is incorporated as though set forth in full herein and 26 throughout. 27 19. On or about January 3, 2022, this Declarant received by email from Alexander (who still 28 was not the attorney of record for WOP), WOP's written supplemental responses to the DECLARATION OF MURRAY TRAGISH IN SUPPORT OF MOTION FOR AN ORDER COMPELLING FLRTHER WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR THE IMPOSITION OF MONETARY SANCTIONS, AND MEET AND CONFER 6 Document Demands [hereinafter referred to as the January 3, 2022 Responses" ), in which WOP provided written responses to all 177 requests in the Document Demands with the same or similar boilerplate responses as found in the original October 2021 Responses. 20. In reviewing the January 3, 2022 Responses there were now 3 boilerplate written 5 responses to the 173 Document Requests, made under penalty of perjury, as follows: i. Resnonse C - "A diligent search and a reasonable inquiry has been made in an 7 effort to comply with that demand, and after this Responding Party's diligent search this 8 Responding Party lacks the ability to comply with this demand for production. The inability to 9 comply is because the particular item or category is no longer in the possession, custodv. oi 10 control of this Restrondine Partv. The name and address of the natural person(s) or 11 organization known or believed by this Responding Party to have possession, custodv. or control 12 vj'he item(s) that ilare the subject of demand fvr production are THV ENTERPRISES, v 13 California corporation, THV IIAYKNARIK, LLC., a California limited liability company, KHACIIATUR GHASAIJYAN, an individual, also known as CHRPS GHASABYAN and IIGRAbi P3306*'6 ARUTYUNYUN, an individual, whvse address is [emphasis added] (hereinafter referred to as '"Ikesponse C") 3025 Fairfax Road, Bakersfield, CA 17 18 19 21 22 23 24 25 ot'0that ii. this reasonable Resvonse documents Resnonse D Responding documents or things in this Resvondinu Partv. Exhibit, inquiry to Reauest resvonsive has — "The Party the The been documents previously provided to for to demand will made comply Production. this in the reauest" vf the Propounding Party will an with effort this this demanded category that are in documents Production have been previously provided to or things to Request comply Propounding Party, Resvondinu [emphasis added] for the possession, requested which the Propounding Party, and are incorporated by this reference as if set forth in full. with and the Partv is this be allowed in Production comply with demand. unaware [hereinafter referred and Other documents included in of anv to as whole, produce custodv. or control than ana this Request for and are attached herein as 4 diligent search and a al1 the th '6 additional "Response 27 D7j) 28 DECLARATION OF ML'RRAY TRAGISH IN SUPPORT OF MOTION FOR AN ORDER COMPELLING FURTHER WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR THE IMPOSITION OF MONETARY SANCTIONS, AND MEET AND CONFER 7 I iii. Resnonse E — The responding party in unable to comply with Request ¹. because the relevant documents; which we believe exist to the best of our knowledae cannot noi be accuratelv listed at this time; because we cannot recall all documents; consequently, due to the lapse of rime, memory and the inabilitv to access the Church's additional ohvsical records. 5 8e have been barred and denied access bv an armed securitv euard to our Church business 6 office where all hard conies. reoort. documents. and recordines, were orooerlv stored at 3025 7 Fairfax Road. Bakersfield. California 93306. 2 diligent search and a reasonable inauirv have been made in an effort to comply with this demand." [emphasis added] (hereinafter referred to as 9 "Response E**). 10 21. In essence, Response C indicates that the requested documents are in the control oi 11 Defendants/Cross-Defendants: THV Enterprises„THV Hayknarik, LLC, Khachatur Ghasabyan 12 and Tigran Arutyunyun (hereinafter collectively referred to as the "TI-IV Group" ), parties to 13 these proceedings and Tenants at the Real Property, and based on the same WOP sworn 14 testimony in its prior Response A and Response B to the Document Demands, and fails to indicate and specify what reasonable efforts were pursued to gain access to the WOP offices. 22. WOP claims that it is barred from access to its alleged offices where the THV Group is currently a tenant. The Response D, contrary to WOP's prior sworn testimony in Response A and Response B as found in the October 202I Responses to the Document Demands, indicates 20 that WOP has engaged in a diligent search and reasonable inquiry in an effort to comply with the Document Demands, yet WOP claims it has not received access to all documents in its purported offices, which is contradicted by allegations it is "unaware of any additional documents responsive to this request" and further, fails to state and describe its efforts to gain access to the 24 offices for the documents. 25 23. The Response E confirms WOP's contention that it cannot respond to the requests in the 26 Document Demands because WOP does not have access to its alleged offices and is barred and 27 "denied access by an armed security guard to our Church business office where all copies, reports, docmnents and reporting were properly stored at 3025 Fairfax Road, Bakersfield DECLARATION OF MURRAY TRAGISH IN SUPPORT OF MOTION FOR AN ORDER COMPELLING FURTHER WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR THE IMPOSITION OF MONETARY SANCTIONS, AND MEET AND CONFER 8 I California 93306." WOP claims a "diligent search and reasonable inquiry have been made in an effort to comply with this demand" yet in all responses (Response A, Response B, Response C, Response D and Response E) it fails to state and describe specifically what reasonable efforts were enaaaed to cain access to the a]]cued office and documents. 5 24. The WOP repetitive boilerplate answers (Response C, Response D and Response E) can 6 be found in response to the following Aldar's Document Demands, which are also set forth in the 7 Separate Statement of Disputed Matters filed concurrently herewith: i. Resnonse C is nrovided to Aldar's Document Reauests numbered 9, 10, 11, 12, 9 38, 39, 41, 43, 65, 66, 67, 68, 69, 71, 72, 73, 74, 75, 77, 78, 108, 109, 110, 111, 116, 117, 118, 10 119, 120, 121, 122, 125, 140, 151, 152„ 153, 164, 165, 166, 171, 172, 178, 179 and 180 Il (however, there were only 177 Document Requests) iii. Resnonse D is nrovided to Aldar's Document Reauests numbered 2, 3, 4, 5, 6, 7 8, 13, 14, 15, 16, 17, 18, 19, 20„ 21, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 40, 42, 44, 45, 46, 47, 48, 49 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 70, 76, 79, 80. 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104,. 16 105, 106, 107, 112, 113, 1]4, 115, 123, 124, 127, 128, 129, 130, 131, 132, 133, ]34, 135, 136, 17 137, 138, 139, 141, ]42, 143, 144, ]45, 146, 147, 148, 149, 150, 156, 157, 158, 159, ]60, 161, 162, 163, 167, 168, 169, 170, 173, 174, 175, 176 and, 177 19 iii. Response F.is orovided to Aldar's Document Reauests numbered 126, 154, and 20 155. 21 25. Again, A]dar is concerned and wishes to avoid surprise at trial and the need to file 22 motions in these proceedings in view of the failure by WOP to make any reasonable effort to 23 gain access to its purported offices, either legally or otherwise, which at the present ithas not 24 25 engaged in any reasonable efforts or procedures to do so. 26. Once again, on February 11, 2022, this Declarant sent another meet and confer letter to 27 Alexander, and Kirk Johnson and Linda Johnson, a copy of which is attached as Exhibit "F", DECLARATION OF MURRAY TRAGISH IN SUPPORT OF MOTION FOR AN ORDER COiiIPELLING FURTHER WRITTEN RESPONSES AND DOCUMENTS TO DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR THE IMPOSITION OF MONETARY SANCTIONS, AND MEET AND CONFER 9 which by this rcf'crcncc is incorporatecf as though sct I'orth in li)llherein an&! flu ouc!bout (hcrcinaiiier re(brrec! to as the "Second Meet caid Confer I.ctter"). 27. 'I'hc S(.'cond Ivlcetand Confer Letter indicated iha't the issue good-faith clsto of'alleged .I 0!'I'ortsby WOP to obtain access to its a!lcgcc! olliccs for the documents responsive to the Document Demands. that WOP has not macle a diligent search cmd reasonable ef'I'ortto ii'iin 6 access. tluit WOI'iis 1101 coi'Itacicd thc attorney I'orilic Tl-IV Group (who has now substituted 7 out). and mal c rcasoiuiblc cff'orts I'0) access. and Iailccl to petition the Court to retrieve do&nimcnts and produce thc responsive documents. t) 2g. 'I'hc Second ivicct and Con!br I.etter requcstccl that the responsive documents bc: received I(I h) I'cbruary 18. 202 and no confirmation by WO)'as been made that they arc f'Orthcoming and Io Iliivc &le!i(; i)&it Ii'ccivcd I'i)'fiis Decl(i('ant, !2 "').'I'hcrcfore. Ahfar sccf&s in Orclcr I'rom the within Court to direct WOP to engage in l3 reasomiblc cl'I'ortsand inquii) to iiain access to its alleged ollices. and gain «cccs3. '111&1 14 provide furtltcr vcrificd and responsive answers cillclI'cspon'sics. doc(ii'I'iciits. 'et)id Io tile 177 Document Demancls. )vithout objections. no later the!i)I $ -dcays Irom the hearing on this Motion. oi'ilcli (nthcf scii1ctioris iis Is (1ppn)pile!Ill Iilchiding st(if(n)g WOP's Answer Io thc A!den Complaint and dismissal oi'he WOI''ACC. I) .0. 'I'his s ho(ii'I)'('.(." t)ccfiii'Uilt Is (Ippfoxiinatl'I)i$ . 50.00 per ho(ii! a!i&IIi)ave sf)clitovcI'ix 20 (6) hours in iccviei(ing thc files. legal research. ancl preparation ol'he hlotice of thc within Motion. Memorandum of'Points caid Authorities. Scparalc Statement, and the instant Declaration 27 lilccfin support o!'he Motion. Ihc filing I'ceol'60.00. cilfin thc total apf)roxf)nate aliloiii'it ol 3 2'.1 $ 2.160.00 Ideclare uncfer pen«fty of perjuiy under thc laws of the State ofpafifo!Oia that the I'orcgoina is is true and correct. I.'sccutcd on this 0 "'ay ol"Ircbruary. 2022 at Baf ei'sf)used,,fcolif'ornicrc 27 Murray 'fg'nish }) I/ I)I ('I Aloi I I()N ()Ii NI!'kkAY IkA(II III Oli islO I'ION Iiok &(N ()Itt)PR (YJiXTTI'I I IN(i Ict!kTIII'k IN S(!I I'Ok I 'I'0 iukl'I I'I'N ki sa()NSlis 116!) I)O('I! NiliiNI)l:in tc(NI) Iiok I'kol)I!(''ION ntc I)O('I tl!N I'k SI T ()Ni! IS 'Xt ANI) Iiok 'IIl: Iisil'OSI I'ION OI: iSIONI(I'Akv SAN(' I ANI) ('ONIiI:.k ION S. ANI) Nil! Iri Io 44 Amy Belyeu From: Murray Tragish Sent: Monday, September 13, 2021 3:23 PM To: Thomas and Jessica Alexander cc: Ray Mullen; Amy Belyeu Subject: Aldar / World of Pentecost///discovery Attachments: Special Interrogatories Set One to WOP.pdf; Declaration in Support of Additional Special Interrogatories Set One to WOP.pdf; Demand for Production of Documents Set One to WOP.pdf; Form Interrogatories Set One to WOP.pdf Tom: On july 20, 2021, my offices served on your offices the attached first sets of Special Interrogatories, Declaration of Murray Tragish in support of the Special Interrogatories, Demand for Production of Documents, and Form Interrogatories to your client World of Pentecost aka World of Pentecost-Life Church. Your clients responses were due August 26, 2021, and to date I have received no responses. Under the California Discovery Act your client has waived all objections to the propounded and referenced discovery, including ones based on privilege or the Attorney Work Product privilege, CCP sections 2030.290(a), and 2031.300 (a). If my offices do not receive written responses to the above referenced propounded discovery with no objections and assertion of privileges by the close of business at 5:00 p.m., on September 22, 2021, my client will file motions to compel responses to the discovery and for monetary and issue sanctions. Murray Please note the following new address/ Murray Tragish, Esq. LAW OFFICES OF MURRAY TRAGISH 5330 Office Center Court, Suite 72 Bakersfield, California 93309 Tel: (661) 324-2648 E-Mail:,: . r = nish.c:":.c1 '. Direct: (661) 342-1178 NOTICE OF CONFIDENTIALITY. The information contained in this e-mail is information protected by attorney-client and/or attorney work product privilege. This communication is intended ONLY for the recipient(s) identified in the message, and may contain information that is privileged, confidential or otherwise protected by law. If you are not the intended recipient, you are hereby notified that any dissemination, disclosure, distribution or copying or the taking of any action reliance on this communication is strictly prohibited. If you are not the intended recipient, please immediately delete this communication and destroy any copies, and notify the sender by responsive e-mail or by telephone at (661) 324-2648. 4C I AW OFFICES MURRAY 7 RAG l S H CCCC OFFICE CENTER CCIINT. SUITE IF IIAKRRSF!EL&,CLLIFORNiA 93339 ICCC CCC-CCCC 3-NAII:. mUICFSmUmcIIcclch.corn November 29, 202'1 Thomas M. Alexander, Jr. VIA Ii'IRST.CLASS MAIL Thomas M. Alexander'aw OIIices AND ELECTRONIC MAIL 226 East Sixth Street slexsndcrslawCkamail.corn Beaumont, California 92223 Thomas hL Alexander, Jr. Esq. Alexander Law Micss 468 N. Camden Drive, Suite 200 Beverly Kills, California 90210 Re: Alder Mni Storane. LP. v THV Enterorises. et aL and relatsd cross-Recon Kern Countv Suncrior Court. case number BCV-20-101265-BCB Calgornfa Cods ofCivil Procedure @2016.040, 2031.310(b)(2) Nest and Confer Letter; Erst set of Demand for Prcductisn of Documents Dear Mr. Alexander: On July 20, 2021, my client, Alder Mni* Storage, LP, (NAlde"), served, your oIBces with a