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1 TOREM & ASSOCIATES Superior Court of California
ATTORNEYS AT LAW County of San Joaquin
2 1607 Pontius Avenue 2021-05-25 16:54:49
Los Angeles, California 90025
Clerk: Rocio Pimentel
3 Telephone: (310) 276-7878
Facsimile: (310) 231-7445
4 RON TOREM, ESQ. Motion to Compel Further Response
YIGAL TOREM, ESQ. 07/09/2021 09:00 AM in 11B
5 DANIEL A. TOREM, ESQ.
State Bar Nos. 134280/110015/325346
6
Attorneys for Plaintiff, JOE EDWIN TAYLOR III, an incompetent adult, BY AND THROUGH
7 HIS GUARDIAN AD LITEM TELISHA L. MOORE
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SAN JOAQUIN
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JOE EDWIN TAYLOR III, an incompetent CASE NO.
11 adult, BY AND THROUGH HIS STK-CV-UAT-2021-0001576
GUARDIAN AD LITEM TELISHA L. Hon. Judge Robert T. Waters
12 MOORE
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PLAINTIFF’S NOTICE OF MOTION
Plaintiff, AND MOTION TO COMPEL
14
vs. FURTHER RESPONSES TO
15 SPECIAL INTERROGATORIES, SET
ONE; MEMORANDUM OF POINTS
GREWAL CARGO INC.; CHARANJEET AND AUTHORITIES; REQUEST
16 SINGH; and DOES 1 through 150, inclusive, FOR MONETARY SANCTIONS
17 AGAINST DEFENDANT GREWAL
CARGO, INC. AND ITS COUNSEL
Defendants. OF RECORD, LUCY K, GALEK;
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DECLARATION OF DANIEL A.
19 TOREM; SEPARATE STATEMENT
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21 Date: TBD
Time: TBD
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Dept. : 11
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Filing Date: 02/23/2021
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1 TO DEFENDANT GREWAL CARGO INC. AND ITS COUNSEL OF RECORD:
2 COMES NOW JOE EDWIN TAYLOR III, an incompetent adult, BY AND THROUGH HIS
3 GUARDIAN AD LITEM TELISHA L. MOORE and hereby gives notice that on ____,2021 at a
4 time TBD in Department 11 of the San Joaquin Superior Court, located at 180 E Weber Ave
5 Stockton, CA 95202 he will seek the following orders:
6
1. Compelling Defendant GREWAL CARGO INC. to serve further responses to Special
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Interrogatories, Set One.
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2. Compelling Defendant GREWAL CARGO INC. to serve verified responses without
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objection within 14 days of this hearing.
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11 3. Imposing monetary sanctions against DEFENDANT GREWAL CARGO INC. AND ITS
12 COUNSEL OF RECORD, LUCY K. GALEK, ESQ. as and for the misuse of discovery
13 in the amount of $3,850.00 in fees and $60.00 in costs for the sum total of $3,910.00.
14 4. Imposing the sanctions jointly and severally to be paid within 14 days of this hearing.
15 Said motion is made on the grounds that on April 7, 2021 Plaintiff propounded written
16 discovery to Defendant Grewal to include Form Interrogatories, Set One, Request for Production,
17 Set One, Special Interrogatories, Set One and Requests for Admissions, Set One. The responses
18 were due by May 11, 2021.
19
On May 10, 2021, the date the responses were due and the date of a vehicle inspection of
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Defendant’s vehicle, defense counsel’s assistant emailed requesting a three week extension with
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no reasoning whatsoever. See email trail attached hereto as Exhibit “A.” Plaintiff counsel
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advised the assistant to have her counsel contact Plaintiff counsel to discuss as Plaintiff had been
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trying to contact defense counsel as there was evidence Defense’s motion to strike and demurrer
24
were moot. See email trail attached hereto as Exhibit “A.” Rather than attempting to avoid the
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use of judicial resources or meet and confer, Defense counsel ignored Plaintiff. The assistant then
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again inquired about the requested extension. See email trail attached hereto as Exhibit “A.”
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MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES
1 Plaintiff counsel advised, again, that if Defendant wanted an extension, that defense counsel
2 needed to call Plaintiff counsel during business hours and not at 8:30p.m. as Plaintiff wanted to
3 inquire as to why Defendant requires 3 weeks on the eve before the responses were due. See email
4 trail attached hereto as Exhibit “A.” Defense counsel never attempted to contact Plaintiff.
5 Instead, on May 11, 2021, Defendant Grewal at the end of day, served “responses” that
6 were nothing but boilerplate objections to all of the discovery. There was no substantive response
7 to any discovery, and no verifications, clearly an attempt to stonewall Plaintiff. What is more is
8 the fact that on that same day, Defense propounded additional discovery on Plaintiff.
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On May 12, 2021 Plaintiff counsel met and conferred with defense counsel and allowed
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to May 24, 2021 to serve verified responses without objection. Additionally Plaintiff advised that
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if Defendant does not serve substantive responses by the 24th Plaintiff will immediately file a
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protective order regarding responding to the discovery. Defendant is clearly attempting to stonewall
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and abuse the discovery process. See letter of May 12, 2021 attached hereto as Exhibit “B.”
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Defendant Grewal failed to provide the verified responses without objection. Defendant is doing
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exactly what the Code attempts to prevent and is using the discovery process as a shield and a
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sword.
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On May 19, 2021, Plaintiff in an attempt to avoid Court Intervention, again met and
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conferred requesting an response from Defendant. To date, Defense has continued to ignore
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Plaintiff and prejudice Plaintiff in discovery. Of note, evidence has been revealed of potential
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spoilation by Defendant and/or Defense Counsel and time is of the essence in this matter. Court
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intervention is clearly necessary here.
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28 3
MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES
1 Said motion shall be based on this notice, the memorandum of points and authorities, the
2 declaration of Daniel A. Torem, the court file and pleadings and such other and further argument
3 as may be heard in this matter.
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Dated: May 25, 2021 TOREM & ASSOCIATES
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7
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9 By: ____________________________________
DANIEL A, TOREM , ESQ.
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Attorney for Plaintiff, JOE EDWIN TAYLOR III,
11 an incompetent adult by and through her Guardian
Ad Litem, TELISHA L. MOORE
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MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
INTRODUCTION
4
Plaintiff is informed and believes, that Defendant, CHARANJEET SINGH was the
5
6 operator of a Freightliner tractor/trailer with an utility trailer attached, with California License
7 plates XP71593 and 4TH7209 owned by Defendant, GREWAL CARGO INC. On or about
8 January 16, 2021 at 3:18 a.m., Defendant, CHARANJEET SINGH was operating a Freightliner
9 tractor pulling a trailer owned by GREWAL CARGO INC.. CHARANJEET SINGH was
10 driving southbound on SR-99 when Defendant, CHARANJEET SINGH failed to stop for
11 traffic and violently rear-ended the vehicle that Plaintiff JOE EDWIN TAYLOR was an
12 occupant of, causing an impact between the two vehicles, the force of which was so severe that
13 Plaintiff was caused to suffer serious injuries to his body including quadriplegia and brain
14 damage from which he has not and will not recover.
15 Plaintiff filed suit on February 23, 2021. Defendant Grewal and its counsel, Lucy K.
16 Galek, Esq. unleashed a full attack on Plaintiff. Defendant has deployed scorched earth tactics
17 claiming that Plaintiff was the operator of the vehicle struck by Mr. Singh and asserting that
18 Plaintiff was intoxicated, had an open container in the vehicle, was a wanted felon and career
19 criminal. The hospital records, provided to Defendant by Plaintiff informally as well as
20 emergency records clearly demonstrate that Mr. Taylor was not the driver of the vehicle.
21 Nonetheless, Defendant Grewal through Ms. Galek filed a demurrer and motion to strike
22 arguing that Plaintiff could not bring this action pursuant to the archaic doctrine of the felony
23 disentitlement doctrine. See, Declaration of Daniel A. TOrem
24 On May 20, 2021 the deposition was taken of the Emergency Room Phsyician who
25 testified under oath that Plaintiff was the passenger. Further, Plaintiff’s counsel countlessly
26 advised Ms. Galek that Plaintiff’s warrants are getting recalled as he is currently incapacitated
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MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES
1 as a quadriplegic. Nonetheless, Defendant Grewal through Ms. Galek continued with a
2 demurrer and motion to strike arguing that Plaintiff could not bring this action pursuant to the
3 archaic doctrine of the felony disentitlement doctrine. That Motion was denied and Defense
4 failed to even request oral argument, a showing of their belief in their own motion and a clear
5 attempt to annoy and harass Plaintiff. See, Declaration of Daniel A. TOrem
6 Along with their pleading tactics, Defendant Grewal has thwarted Plaintiff’s efforts to
7 conduct an inspection of the subject tractor trailer including its Video Radar Decision Unit
8 (VRDU). Plaintiff appeared for the inspection only to be refused access to the Video Radar
9 Decision Unit (VRDU) without permission from the owner of the unit. It appears evident that
10 Defendant had already downloaded the data but, has refused to meet and confer with Plaintiff, and
11 give it to Plaintiff despite Plaintiff’s preservation of evidence letter issued at the outset of the
12 accident and despite Plaintiff’s timely Notice of Inspection and discovery requests. Defendant has
13 ignored all of Plaintiff’s efforts to meet and confer. That issue is the subject of a separate motion;
14 however, the information is discoverable and understanding what has transpired is to fully
15 understand Defense Counsel’s tactics in this matter. Furthermore, this information would have
16 been produced in Defendant’s discovery responses. See, Declaration of Daniel A. TOrem
17
II.
18
THE DISCOVERY AT ISSUE
19
20 On April 7, 2021 Plaintiff propounded written discovery to Defendant Grewal to include
21 Form Interrogatories, Set One, Request for Production, Set One, Special Interrogatories, Set One
22 and Requests for Admissions, Set One. The responses were due by May 11, 2021.
23 On May 10, 2021, the date before the responses were due, defense counsel’s assistant
24 emailed requesting a three week extension. See email trail attached hereto as Exhibit “A.”
25 Plaintiff counsel advised the assistant to have her counsel contact Plaintiff counsel to discuss as
26 Plaintiff’s counsel had requested an extension of the hearing of the Demurrer and Motion to Strike
27 as Plaintiff’s counsel advised Defense counsel the warrants were going to get recalled. See email
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MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES
1 trail attached hereto as Exhibit “A.” The assistant then inquired again about the requested
2 extension. See email trail attached hereto as Exhibit “A.” Plaintiff counsel advised, again, that
3 if Defendant wanted an extension, that defense counsel needed to call Plaintiff counsel. See email
4 trail attached hereto as Exhibit “A.” The assistant advised that her boss left a message for
5 Plaintiff counsel, which was at 8:30 p.m. on the 11th. See email trail attached hereto as Exhibit
6 “A.” No message was ever left. See Declaration of Daniel A. Torem
7 On May 11, 2021, Defense counsel never contacted Plaintiff’s counsel and instead,
8 Defendant Grewal served unverified blanket objections to the discovery in addition to
9 propounding additional discovery requests on Plaintiff which will be the subject of a protective
10 order.
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III.
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14 PLAINTIFF HAS MET AND CONFERRED WITH DEFENSE COUNSEL TO OBTAIN
15 CODE COMPLIANT RESPONSES AND DEFENDANT HAS FAILED TO PROVIDE
16 THE RESPONSES
17 On May 11, 2021, Defendant Grewal served “responses” to the discovery that were nothing but
18 untimely objections to all of the discovery. There was not one substantive response.
19 On May 12, 2021 Plaintiff counsel met and conferred with defense counsel and allowed
20 to May 24, 2021 to serve verified responses without objection. Additionally Plaintiff advised
21 that if Defendant does not serve substantive responses by the 24th Plaintiff will immediately file
22 a protective order regarding responding to the discovery. Defendant is clearly attempting to
23 stonewall and abuse the discovery process. See letter of May 12, 2021 attached hereto as
24 Exhibit “B.” Defendant Grewal failed to provide the verified responses without objection.
25 Defendant is doing exactly what the Code attempts to prevent and is using the discovery
26 process as a shield and a sword.
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MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES
1 Additionally on May 12, 2021 Plaintiff’s counsel sent correspondence to Defense
2 counsel regarding potential spoilation of evidence by Defendant and/or Defense counsel. . See
3 letter of May 12, 2021 attached hereto as Exhibit “C.”
4 On May 19, 2021, Plaintiff in an attempt to avoid Court Intervention, again met and
5 conferred requesting an response from Defendant. See letter of May 12, 2021 attached hereto
6 as Exhibit “D.” Defense counsel, specifically Ms. Galek has continued to stonewall Plaintiff.
7 To date, Defense has continued to ignore Plaintiff and prejudice Plaintiff in discovery. Of note,
8 evidence has been revealed of potential spoilation by Defendant and/or Defense Counsel and
9 time is of the essence in this matter. Court intervention is clearly necessary here.
10
III.
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DEFENDANT SHOULD BE ORDERED TO PROVIDE CODE COMPLIANT
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RESPONSES
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14 On receipt of a response to interrogatories, the propounding party may move for an
15 order compelling a further response if the propounding party deems that any of the following
16 apply:
17 (1) An answer to a particular interrogatory is evasive or incomplete.
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(2) An exercise of the option to produce documents under Section 2030.230 is
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unwarranted or the required specification of those documents is inadequate.
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(3) An objection to an interrogatory is without merit or too general. C.C.P. §
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2030.300(a).
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23 As shown in Plaintiff s’ Separate Statement of Discovery Issues In Dispute, filed
24 concurrently herewith, Defendant served untimely responses riddled with improper objections
25 with no substantive response in an attempt to stonewall Plaintiff. There is no substantial
26 justification..
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MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES
1 IV.
2 DEFENDANT’S RESPONSES ARE BOILERPLATE AND REQUIRES AN ORDER
3 COMPELLING A FURTHER VERIFIED RESPONSE
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Pursuant to the California Code of Civil Procedure, a party may obtain discovery by
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propounding interrogatories to a party. Civ. Proc. Code § 2019.010(b). As stated above, Plaintiff
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propounded Set One of discovery to Defendant, which included Special Interrogatories, Set One.
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A. Defendants’ Responses to Set One Discovery Are Deficient, Boilerplate and not Code
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or Case Law Compliant
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10 As demonstrated in Plaintiff’s Separate Statements of Discovery Issues In Dispute,
11 Defendant has provided an incomplete, deficient, non-responsive and evasive answer to the entire
12 set of Plaintiff’s Special Interrogatories.
13 As demonstrated in Plaintiff’s Separate Statements of Discovery Issues In Dispute,
14 Defendant has provided an incomplete, deficient, non-responsive and evasive answer to the entire
15 set of Plaintiff’s Special Interrogatories. Failing to respond within the time limit waives most
16 objections to the interrogatories, including claims of privilege and “work product” protection.
17 [CCP § 2030.290(a); see Leach v. Sup.Ct. (Markum) (1980) 111 CA3d 902, 905-906, 169 CR 42,
18 43-44]. Unsworn responses to discovery are tantamount to no responses at all. Appleton v. Superior
19 Court (1988), 206 Cal.App.3d 632, 636; See also, Zorro Investment Company v. Great Pacific
20 Securities Corporation (1977), 69 Cal.App.3d 907, 914. The responses are boilerplate objections
21 with no substantial justification. Defendant should be ordered to provide full and complete verified
22 responses without objection within 14 days of this hearing. See Plaintiff’s separate statement.
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MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES
1 V.
2 MONETARY SANCTIONS AGAINST DEFENDANT AND ITS COUNSEL ARE
3 WARRANTED FOR FAILURE TO RESPOND TO LEGITIMATE DISCOVERY AND
4 FOR NECESSITATING THIS MOTION
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Under the California Code of Civil Procedure, the Court has both mandatory and
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discretionary power to award sanctions when a party unsuccessfully opposes a motion to compel
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further discovery responses. Because Defendant has failed to provide a further verified response
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to the Special Interrogatories, Plaintiff should be awarded $3,910.00 in sanctions as set forth in the
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Declaration of Daniel Torem.
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A. Mandatory Sanctions
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12 Code of Civil Procedure section 2031.310(d) provides that a court "shall impose a monetary
13 sanction ... against any party, person, or attorney who unsuccessfully makes or opposes a motion
14 to compel further response to an inspection demand, unless it finds that the one subject to the
15 sanction acted with substantial justification or that other circumstances make the imposition of the
16 sanction unjust." (Code Civ. Proc., § 2031.310(d) [emphasis added].) Given that Defendant
17 has failed to provide further responses to Plaintiffs’ Special Interrogatories thus forcing Plaintiff
18 to file this Motion and Separate Statement with the Court, the Court must award Plaintiffs
19 $3,910.00 in sanctions for Defendant’s unsuccessfully opposing a motion to compel further
20 response to interrogatories.
21 B. Discretionary Sanctions
22 To the extent authorized by the chapter governing any particular discovery method and
23 after notice to any affected party, a court may award discretionary sanctions if it finds that a
24 party has engaged in a misuse of the discovery process. Section 2023.030 states, in pertinent
25 part, that:
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[t]he court may impose a monetary sanction ordering that one engaging in the misuse of
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MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES
1 the discovery process, or any attorney advising that conduct, or both pay the reasonable
2 expenses, including attorney's fees, incurred by anyone as a result of that conduct.
3 Civ. Proc. Code §2023.030(a). (Emphasis added.)
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"Misuses of the discovery process include, but are not limited to...Failing to respond or to
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submit to an authorized method of discovery...Making, without substantial justification, an
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unmeritorious objection to discovery...Making an evasive response to discovery...[and]...Making
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or opposing, unsuccessfully and without substantial justification, a motion to compel or to limit
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discovery." (i) Failing to confer in person, by telephone, or by letter with an opposing party or
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attorney in a reasonable and good faith attempt to resolve informally any dispute concerning
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discovery. Civ. Proc. Code §2023.030.
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In this case, there is no excuse or justification for Defendant’s’ refusal to provide a further
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response in compliance with the discovery statutes. The Declaration of Daniel Torem attests to
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the efforts expended on the part of Plaintiff to avoid this Motion. The purpose of discovery
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sanctions is to prevent misuse of the discovery process and correct the problem presented. Do v.
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Superior Court, (2003) 109 Cal. App. 4th 1210,1213, 135 Cal. Rptr. 2d 855. It is evident from the
16
facts presented that Defendant will not provide the required further response absent a Court order
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and the imposition of sanctions.
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19 Pursuant to Civ. Proc. Code. §§ 2023.010 et seq. and § 2030.300 , and the power of this
20 Court to impose monetary sanctions against the losing party on a motion to compel answers to
21 interrogatories, Plaintiff submits that given the attempts by Plaintiff’s counsel to avoid this Motion,
22 and the lack of compliance by the Defendant, sanctions should properly be awarded to Plaintiff,
23 TAYLOR, and against DEFENDANT GREWAL CARGO INC. AND ITS COUNSEL OF
24 RECORD, LUCY K. GALEK, ESQ. as and for the misuse of discovery in the amount of
25 $3,850.00 in fees and $60.00 in costs for the sum total of $3,910.00 as reflected in the Declaration
26 of Daniel Torem.
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28 11
MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES
1 VI.
2 CONCLUSION
3
For the foregoing reasons, Plaintiff requests that the Court impose the following Orders:
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A. Compelling Defendant GREWAL CARGO INC. to serve further responses to Special
5
Interrogatories, Set One.
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7 B. Compelling Defendant GREWAL CARGO INC. to produce verified responses without
8 objection within 14 days of this hearing.
9 C. Imposing monetary sanctions against DEFENDANT GREWAL CARGO INC. AND
10 ITS COUNSEL OF RECORD, LUCY K. GALEK, ESQ. as and for the misuse of
11 discovery in the amount of $3,850.00 in fees and $60.00 in costs for the sum total of
12 $3,910.00.
13 D. Imposing the sanctions jointly and severally to be paid within 14 days of this hearing.
14
Dated: May 25, 2021 TOREM & ASSOCIATES
15
16
17 By: ____________________________________
DANIEL A, TOREM , ESQ.
18
Attorney for Plaintiff, JOE EDWIN TAYLOR III,
19 an incompetent adult by and through her Guardian
Ad Litem, TELISHA L. MOORE
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MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES
1 DECLARATION OF DANIEL A, TOREM , ESQ.
2 I, DANIEL A, TOREM , ESQ. DO DECLARE AS FOLLOWS:
3
1. I am an attorney at law duly licensed to practice law before all the courts of this state.
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2. I am trial counsel at Torem & Associates, counsel of record for Plaintiff and I make this
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declaration of my own personal knowledge and if called upon to testify, I would and
6
could competently testify thereto.
7
8 3. Plaintiff filed suit on February 23, 2021. Defendant Grewal and its counsel, Lucy K.
9 Galek, Esq. unleashed a full attack on Plaintiff. Defendant has deployed scorched earth
10 tactics claiming that Plaintiff was the operator of the vehicle struck by Mr. Singh and
11 asserting that Plaintiff was intoxicated, had an open container in the vehicle, was a
12 wanted felon and career criminal. The hospital records, provided to Defendant by
13 Plaintiff informally as well as emergency records clearly demonstrate that Mr. Taylor
14 was not the driver of the vehicle. Nonetheless, Defendant Grewal through Ms. Galek
15 filed a demurrer and motion to strike arguing that Plaintiff could not bring this action
16 pursuant to the archaic doctrine of the felony disentitlement doctrine.
17 4. On May 20, 2021 the deposition was taken of the Emergency Room Phsyician who
18 testified under oath that Plaintiff was the passenger. Further, Plaintiff’s counsel
19 countlessly advised Ms. Galek that Plaintiff’s warrants are getting recalled as he is
20 currently incapacitated as a quadriplegic. Nonetheless, Defendant Grewal through Ms.
21 Galek continued with a demurrer and motion to strike arguing that Plaintiff could not
22 bring this action pursuant to the archaic doctrine of the felony disentitlement doctrine.
23 That Motion was denied and Defense failed to even request oral argument, a showing
24 of their belief in their own motion and a clear attempt to annoy and harass Plaintiff.
25 5. Along with their pleading tactics, Defendant Grewal has thwarted Plaintiff’s efforts to
26 conduct an inspection of the subject tractor trailer including its Video Radar Decision
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MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES
1 Unit (VRDU). Plaintiff appeared for the inspection only to be refused access to the
2 Video Radar Decision Unit (VRDU) without permission from the owner of the unit. It
3 appears evident that Defendant had already downloaded the data but, has refused to
4 meet and confer with Plaintiff, and give it to Plaintiff despite Plaintiff’s preservation of
5 evidence letter issued at the outset of the accident and despite Plaintiff’s timely Notice
6 of Inspection and discovery requests. Defendant has ignored all of Plaintiff’s efforts to
7 meet and confer. That issue is the subject of a separate motion; however, the
8 information is discoverable and understanding what has transpired is to fully understand
9 Defense Counsel’s tactics in this matter. Furthermore, this information would have been
10 produced in Defendant’s discovery responses.
11 6. On April 7, 2021 Plaintiff propounded written discovery to Defendant Grewal to
12 include Form Interrogatories, Set One, Request for Production, Set One, Special
13 Interrogatories, Set One and Requests for Admissions, Set One.
14
7. The responses were due by May 11, 2021
15
8. On May 10, 2021, the date before the responses were due, defense counsel’s assistant
16
emailed requesting a three week extension knowing there was a vehicle inspection that
17
day. See email trail attached hereto as Exhibit “A.”
18
19 9. I advised the assistant to have her counsel contact Plaintiff counsel to discuss. See
20 email trail attached hereto as Exhibit “A.”
21 10. The assistant than inquired again about the requested extension. See email trail
22 attached hereto as Exhibit “A.”
23 11. I advised, again, that if Defendant wanted an extension, that defense counsel needed to
24 call Plaintiff counsel. See email trail attached hereto as Exhibit “A.”
25
12. The assistant advised that her boss left a message for Plaintiff counsel. See email trail
26
attached hereto as Exhibit “A.”
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MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES
1 13. I never received a voice message but I received a missed call in my office on May 10,
2 2021 at 8:30 p.m. by Ms. Galek. I was not in the office at that time.
3 14. On May 11, 2021, Ms. Galek never attempted to contact me and instead, Defendant
4 Grewal served “responses” to the discovery that were nothing but untimely objections
5 to all of the discovery. Additionally, Defendant propounded additional discovery on
6 Plaintiff.
7
12. On May 12, 2021 I met and conferred with defense counsel and allowed to May 24,
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2021 to serve verified responses without objection. See letter of May 12, 2021 attached
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hereto as Exhibit “B.” Defendant Grewal failed to provide the verified responses
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without objection.
11
13. Additionally on May 12, 2021 I sent correspondence to Defense counsel regarding
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potential spoilation of evidence by Defendant and/or Defense counsel. . See letter of
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May 12, 2021 attached hereto as Exhibit “C.”
14
15 14. On May 19, 2021, In an attempt to avoid Court Intervention, again met and conferred
16 requesting an response from Defendant. See letter of May 12, 2021 attached hereto as
17 Exhibit “D.” Defense counsel, specifically Ms. Galek has continued to stonewall
18 Plaintiff. Of note, evidence has been revealed of potential spoilation by Defendant
19 and/or Defense Counsel and time is of the essence in this matter. Court intervention is
20 clearly necessary here.
21 14. In this case, there is no excuse or justification for Defendant’s’ refusal to provide a
22 further response in compliance with the discovery statutes.
23 15. I have expended three hours researching, editing finalizing this motion. I have expended
24 five hours drafting the separate statement. I will expend two hours to review, research
25 and reply to the opposition and one hour to prepare for argument.
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16. I bill at $350.00 an hour.
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MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES
1 17. I ask for $3,850.00 in fees and $60 for the filing fee for the sum total of $3,910.00 as
2 against DEFENDANT GREWAL CARGO INC. AND ITS COUNSEL OF RECORD,
3 LUCY K. GALEK, ESQ. jointly and severally.
4 18. I ask that the verified full and complete responses without objection be served within
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14 days of this hearing.
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19. Exhibit E is Plaintiff’s Special Interrogatories
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8 20. Exhibit F is Defendant’s “responses” to Plaintiff’s Special Interrogatories
9 I declare under penalty of perjury that the foregoing is true and correct this 25th day of May,
10 2021 at Los Angeles, California.
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____________________________________________
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DANIEL A, TOREM
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MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES
EXHIBIT F
1 Stephen B. Heath - 237622
sheath@heathandyuen.com
2 Steven W. Yuen - 230768
syuen@heathandyuen.com
3 Lucy K. Galek - 227237
lgalek@heathandyuen.com
4 268 Bush Street, #3006
San Francisco, CA 94104
5 Tel: (415) 622-7004
Fax: (415) 373-3957
6
Attorneys for Defendant
7 GREWAL CARGO INC
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN JOAQUIN
10 JOE EDWIN TAYLOR III, AN INCOMPETENT Case No. STK-CV-UAT-2021-0001576
ADULT, BY AND THROUGH HIS
11 GUARDIAN AD LITEM TELISHA L. MOORE,
12 Plaintiff, GREWAL CARGO INC’S OBJECTIONS TO
PLAINTIFF JOE EDWIN TAYLOR III, AN
13 v. INCOMPETENT ADULT, BY AND
THROUGH HIS GUARDIAN AD LITEM
14 GREWAL CARGO INC.; CHARANJEET TELISHA L. MOORE’S SPECIAL
SINGH; AND DOES 1 THROUGH 150, INTERROGATORIES, SET NUMBER ONE
15 INCLUSIVE,
16 Defendants.
17
18 PROPOUNDING PARTY: PLAINTIFF JOE EDWIN TAYLOR III, AN INCOMPETENT
19 ADULT, B