Motion CompelCal. Super. - 6th Dist.August 30, 2017\DOGQONUI#UJNt-a NNNNNNNNNr-tr-I-Ar-‘r-Ah-Ap-iw-Ar-‘p-A OOQONUI-PWNt-‘OCOOQONUIAUJNr-‘O Electronically Filed Kathryn C. Klaus, Esq. _ SBN 205923 by Superlor Court of CA, Rebecca D. Martino, Esq. - SBN 236094 County Of Santa Clara, Solomon Pantuch, Es . - SBN 309458 on 9/5/2019 5:01 PM CODDINGTON, H CKS & DANFORTH Reviewed By: L Del Mundo A Professional Corporation, Lawyers Case #1 7cv31 6966 555 Twm Dolphm Dave, Smte 300 Envelope: 3355089 Redwood City, CA 94065-2133 Te1.: 650.592.5400 Fax: 650.592.5027 ATTORNEYS FOR Defendant Khanh Quoc Bui IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA DMITRY MAIZEL, Case No. 17CV316966 Plaintiff, NOTICE 0F MOTION TO COMPEL FURTHER RESPONSES To FORM VS' INTERROGATORIES, SET ONE, AND KHANH QUOC BUI, and DOES 1 - 10, REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE Defendants. DISCOVERY MOTION Date: October 10, 2019 Time: 9:00 a.m. Dept: 19 Hon. Peter H. Kirwan TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: NOTICE IS HEREBY GIVEN that on October 10, 2019 at 9:00 am, 0r as soon thereafter as the matter may be heard, in this court, located at 191 North First Street, San Jose, CA 95113, in Department 19, defendant Khanh Quoc Bui will, and hereby does, move for an order compelling plaintiff Dmitry Maizel, to serve further responses t0 defendant’s Form Interrogatories, Set One, and responses to defendant’s Request for Production of Documents, Set One. 1 Notice of Motion t0 Compel Further Responses t0 Discovery Case No: CGC-17-559981 622042 \OWQQUIAUJNr-d NNNNNNNNNI-dr-tt-th-dr-Ap-tr-tn-ar-Au-a OOQQMAUJNr-‘OKOOOQQM-BWNHO This motion is brought pursuant to California Rules of Court, Rule 3.1345 and Code of Civil Procedure §§ 2023.010 and 2030.300 as plaintiff has failed to provide complete and substantive responses t0 defendant’s form interrogatories Nos. 6.2-6.7, 7.1-7.3, 8.2-8.8, 9.1-9.2 and 12.3-12.6. This motion is also brought pursuant to Code of Civil Procedure sections 2031.210, 2031.260, 2031.300 and 2031.310 as plaintiff has failed t0 provide responses to defendant’s Request for Production 0f Documents Nos. 1-17. Accordingly, defendant is seeking an order t0 compel responses and pursuant to Code of Civil Procedure sections 2030.300 (d), 2031.300 and 2031.310, defendant is requesting that monetary sanctions in the sum of $1,440 be imposed for plaintiff’s failure t0 comply with the discovery code. The motion will be based on this notice and motion, the declaration of Solomon Pantuch, a memorandum 0f points and authorities, request for judicial notice, on the records and file herein, and on such evidence as may be presented at the hearing of the motion. Pursuant to Local Rule 8(E), the court may make a tentative ruling on the merits 0f this matter no later than 3:00 p.m. on the day preceding the scheduled hearing. The Court follows California Rules of Court, Rule 3.1308(a)(1) for those departments that have elected to issue tentative rulings in civil law and motion and discovery matters. Counsel and litigants are responsible for determining whether the department hearing their motion has made this election. If the Court has not directed oral argument, a party contesting a tentative ruling must give notice of its intention to appear to the other side and the Court n0 later than 4:00 p.m. on the court day preceding the scheduled hearing. Appearances may be made by telephone (through CourtCall) or in person. The tentative ruling Will automatically become the order of the Court on the scheduled hearing date if the Court has not directed oral argument and if the contesting party fails t0 timely notice an objection to the other side and the Court. Tentative rulings will be posted on the Court's website, www.scscourt.org, where further information may be found. If a party does not have access to the internet, the tentative ruling may be accessed by calling Court Services at (408) 882-2515. 2 Notice of Motion t0 Compel Further Responses to Discovery Case No: CGC-17-559981 622042 \OOONONU‘IAUJNp-n NNNNNNNNNr-tt-nr-Ir-Ir-lr-do-Hr-ar-t OOQONUIAWNHOKDOOQmUl-DUJNHO Dated: September 5, 2019 CODDINGTON, HICKS & DANFORTH By' 3 f/ .Solomon Pantuch Attorneys for Defendants Khanh Quoc Bui Notice 0f Motion to Compel Further Responses to Discovery Case No: CGC-l 7-559981 622042 \OOOQQUIAUJNH NNNNNNNNNHHHHHHHHr-AH OOQONUIAUJNI-‘OKOOOQONUI-PUJNHO PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court rule 2.251 Federal Rule of Civil Procedure Rule 5(b) I, the undersigned, declare that I am employed in the County of San Mateo, State 0f California. I am over the age of eighteen (1 8) years and not a party to the within action. My business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My electronic mail address is Eva@chdlaflers.com. I am readily familiar with my employer’s business practice for collection and processing of correspondence and documents for mailing with the United States Postal Service, mailing Via overnight delivery, transmission by facsimile machine, and delivery by hand. On September 5, 2019, I served a copy of each of the documents listed below by placing said copies for processing as indicated herein. NOTICE OF MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE, AND REQUEST FOR PRODUCTION OF DOCUMENTS XX United States Mail: The correspondence 0r documents were placed in sealed, labeled envelopes with postage thereon fully prepaid on the above date placed for collection and mailing at my place of business to be deposited With the U.S. Postal Service at Redwood City, California on this same date in the ordinary course 0f business. Overnight Delivery: The corres ondence or documents were placed in sealed, labeled ackaging for overnight de 'Very, with Federal Express, with all charges to be paid y my employer on the above date for collection at m place of business t0 be deposited in a facility regularly maintained by the overni t delivery carrier, or delivered to a courier or driver authorized by the overnight de 'Very carrier to receive such packages, on this date in the ordinary course of business. Hand Delivery: The correspondence or documents were placed in sealed, labeled envelopes and served by personal delivery t0 the party or attorney indicated herein, or if upon attorney, by leaving the labeled envelopes with a receptionist or other person having charge of the attorney’s office. Facsimile Transmission: The corres ondence or documents were placed for transmission from (650) 592-5027 at Re wood City, California, and were transmitted t0 a facsimile machine maintained by the arty 0r attorney to be served at the facsimile machine telephone number rovi ed b said party or attorney, 0n this same date in the ordinary course of usiness. T>Ifle transmission was reported as complete and without error, and a record 0f the transmission was properly issued by the transmitting facsimile machine. Electronic Transmission: The correspondence or documents were transmitted electronlcally to the electronic address set forth below. OOQQUl-PUJN \D 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 State. The recipient has filed and served notice that he or she accepts electronic service; the recipient has electronically filed a document with the court; and/or the Court has mandated that the parties serve documents through its Court approved vendor. The tinted form of this document bearing the original signature is on file and available or inspection at the request of the court or any party to the action or roceeding in which it is filed, in the manner provided in California Rule of Court Ru e 2.257(a). Federal. The recipient of this electronic service has consented to this method of service in writing, a copy 0f Which is 0n file and available for inspection in my employer’s office. I have recelved no indication the electronic transmission did not reach the recipient. PERSONS OR PARTIES SERVED: In Pro Per Dmitry Maizel 280 Los Palmos Way San Jose, CA 95119 Telephone: (415) 203-6210 formusor ahoo.com I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on September 5, 2019. Eva Oliveira Court: Superior Coun' ofCa/z'fiimia, Santa Clara Comm! Action No: 77CV376966 Case Name: Maize] 1/. Buz'
