Reply Reply To Non Opposition To Motion To Compel

Reply

Cal. Super. - 2nd Dist.November 13, 2018

Electronically FILE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D by Superior Court of California, County of Los Angeles on 04/01/2020 03:58 PM Sherri R. Carter, Executive Officer/Clerk of Court, by L. Coreas,Deput John A. Brockmeier, Esq. State Bar # 244510 BROCKMEIER LAW GROUP, APC 2082 Michelson Dr. Ste 100 Irvine, CA 92612 Telephone: (310) 425-3431 Attorneys for Defendant Paul SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES CASE NO.: 18STCV04955 JOHN ALVARADO REPLY TO NON OPPOSITION TO Plaintiffs, MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, SET VS. ONE LAURA PAUL, and DOES 1 to 10, Date: April 22, 2020 Time: 1:30 p.m. Dept.: 31 Defendants Reservation No: 267123939418 N r N r ’ N r N r N r N r a N r N r N r a a a a a Defendants submit this Reply to Non Opposition Memorandum of Points and Authorities in Support of their Motions to Compel Form Interrogatories, Special Interrogatories, and Requests for Production, and Motion to Deem Admitted. DATED: March 31, 2020 BROCKMEIER LAW GROUP Be A John A. Brockmeier Attorney for Defendant MTN.COMPEL.RFP.19smud01930 1 Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES L THE COURT SHOULD GRANT THE MOTION IN ITS ENTIRETY AS NO OPPOSITION HAS BEEN FILED AS OF THIS REPLY As with the discovery in this matter, Plaintiff has not filed an opposition, served any discovery, or done anything in this matter other than serve a Demand for Exchange of Expert Witness Information that Defendant complied with, and that Plaintiff has not. The Court must grant the motion and compel responses, without objection, as well as sanctions in the amount requested. As the Court is aware, failure to file Opposition may be deemed consent to the motion pursuant to California Rules of Court 8.54. Plaintiff has filed what Defendant believes is a frivolous complaint in an accident for which Plaintiff is at fault. Plaintiff has failed to respond to discovery in any way for over 5 weeks since the deadline. Plaintiff has failed to prosecute this case other than to file, serve discovery that Defendant responded to, and serve a Demand for Exchange of Expert Information that Plaintiff has not complied with - said response being due over a week ago and yet still not received by Defense counsel. The Court may and should order all requests in the accompanying discovery motions, including the sanctions requested. As to the Motion to Deem Admitted, the must order sanctions against counsel and Plaintiff for failing to respond in any way. Notably, but for the current Order from the Governor and Presiding Judge, these motions would have been heard on April 2, 2020, i.e. tomorrow, and yet nothing has been forthcoming in the form of opposition or Code compliant responses without objection. The Court should grant the motions in their entirety. MTN.COMPEL.RFP.19smud01930 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. CONCLUSION Defendant respectfully request that this court order compelling the Plaintiff to respond without objections to all SI's, FI's and RFP's within 10 days of the date of the court order and that Plaintiff and its counsel pay sanctions. DATED: March 31, 2020 BROCKMEIER LAW GROUP By: Sn John A. Brockmeier Attorney for Defendant MTN.COMPEL.RFP.19smud01930 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of ORANGE, State of California. I am over the age of 18 and not a party to the within action; my business address is 2082 Michelson Dr, Suite 100, Irvine, California 92612. On April 1, 2020 I served the foregoing document described as REPLY TO NON OPPOSITION TO MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, SET ONEon all interested parties in this action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully paid, addressed as stated below: Brian Breiter Law Offices of Brian J. Breiter, LLP 4929 Wilshire Blvd. Suite 410 Los Angeles, CA 90010 / x / BY MAIL) I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under the practice it would be deposited with the U.S. Postal Service on that same day with the postage thereon fully prepaid at Irvine, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. CCP §1013(a); Fed. Rule Civ. Proc. 5(b). / / (BY CERTIFIED MAIL) I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. I caused such envelope with postage thereon fully prepaid, via certified mail -- return receipt requested, to be placed in the United States mail at Irvine, California. CCP §1013(a); Fed. Rule Civ. Proc. 5(b). // (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the offices of the addressee whose name and address is listed above. CCP §1011(a); Fed. Rule Civ. Proc. 5(b) / / (Facsimile) I am “readily familiar” with the firm’s practice of collection and processing correspondence for fax. [X] (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on April 1, 2020, at Irvine, California. John A. Brockmeier MTN.COMPEL.RFP.19smud01930 4