StatementCal. Super. - 6th Dist.August 13, 2020CDLG, PC, Tony Cara, Esq., 2973 Harbor Boulevard, Suite 594, Costa Mesa, CA 92626-3912, Phone: (888) 615-6765 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20CV369368 Santa Clara - Civil CDLG, PC Tony Cara, Esq., SBN 170720 Fernando Leone, Esq., SBN 147933 Peter Nisson, Esq. SBN 62276 2973 Harbor Boulevard, Suite 594 Costa Mesa, CA 92626-3912 Phone: (888) 615-6765 Fax: (888) 660-8874 Litigation.CDLG@gmail.com Electronically Filed by Superior Court of CA, County of Santa Clara, on 1l8/2021 7:27 AM Reviewed By: M. Sorum Case #20CV369368 Envelope: 5601058 Attorney for Plaintiffs, Rabindra Chakraborty and Ruma Chakraborty SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA RABINDRA CHAKRABORTY; RUMA CHAKRABORTY, Plaintiffs, V. MORTGAGE LENDER SERVICERS, INC.; MILESTONE FINANCIAL, LLC; MERS FUND I; and DOES 1-10, inclusive, Defendants. TO THE HONORABLE COURT, DEFENDANTS AND THEIR COUNSELS OF RECORD HEREIN : _ Case No.: 20CV369368 : STATEMENT RE MOTION TO COMPEL RESPONSES TO REQUEST FOR ADMISSIONS Hearing Set: Date: January 19, 2021 & January 21, 2021 Time: 9:00 a.m. Dept: 20 1 STATEMENT RE MOTION TO COMPEL Drum 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Counsel for PlaintiffRUMA CHAKRABORTY (“Plaintiff”) respectfully submits this Statement concerning the present MOTION TO COMPEL RESPONSES TO REQUEST FOR ADMISSIONS. As a preliminary matter, Plaintiff” s counsel 0f record, CDLG, PC, has already filed a Motion t0 be Relieved As Counsel due t0 counsel’s inability t0 continue t0 litigate the present action adequately as a result 0f Plaintiffs lack 0f cooperation in litigating this case. Counsel declares that plaintiff is uncooperative and fails t0 meet with counsel in order t0 discuss responses t0 discovery, in this case, the Special Interrogatories. Numerous attempts t0 locate the Plaintiff Via telephone have been made by counsel and his staff t0 n0 avail. Additionally, correspondence t0 this effect has been forwarded as a diligent effort t0 obtain cooperation from the Plaintiff. T0 date, calls have not been returned and n0 correspondence 0f any kind has been received. Opposing counsel has filed the present Motion t0 Compel in order t0 coerce responses out 0f a non-compliant Plaintiff and award sanctions for expenses opposing counsel is able t0 prevent by delaying further discovery activity until the Motion t0 be Relieved is ruled upon. The hearing for said motion is currently set t0 be heard 0n January 19, 2021. Plaintiffs counsel’s alleged “lack 0f cooperation” has not been not made in bad faith as portrayed in the aforementioned Motion. CDLG, PC respectfully requests that the present Court consider its request t0 deny opposing counsel’s request for sanctions. Should opposing counsel feel inclined t0 continue in its pursuit t0 compel responses from Plaintiff, said motions should then be arranged through Defendant and plaintiff in pro per.%’ Tony Cara, Esq., Peter Nisson, Esq. Attorney for Plaintiffs, Rabindra Chakraborty and Ruma Chakraborty BY: 2 STATEMENT RE MOTION TO COMPEL \OOONONUl-bUJNr-t NNNNNNNNNr-Hr-Hr-Hr-Hr-AH OONONM-PUJNF-‘OCOONONM-PWNF-‘O PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the County 0f Orange, State 0f California. I am over the age 0f 18 and not a party t0 the Within action. My business address is: 1503 South Coast Drive#100B, Costa Mesa, CA 92626. On the date set forth below, I served the following document described as: STATEMENT RE MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES on all interested parties in this action by placing [X] a true copy [ ] the original thereof enclosed in sealed envelopes addressed as follows: NAME & ADDRESS OF PHONE NUMBER ATTORNEY FOR ATTORNEY Harris L. Cohen APC Defendants 5305 Andasol Ave Encino, CA 9 1 3 1 6 [ ] (BY FACSIMILE) the facsimile machine I used complied with Rule 2003(3) and no error was reported by the machine. Pursuant to Rule 2008(6) (4), I caused the machine to print a record 0f the transaction. [X] (BY MAIL, 1013a, 2015.5 C.C.P.) [ ] I deposited such envelope in the mail at Irvine, California. The envelope was mailed with postage thereon fully prepaid. [X] I am readily familiar With the firm’s practice for collection and processing correspondence for mailing. Under that practice, this document will be deposited With the U.S. Postal Service on this date with postage thereon fully prepaid at Costa Mesa, 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 date 0f deposit for mailing in affidavit. [X] (STATE) I declare under penalty 0f perjury under the laws 0f the State of California that the above is true and correct. [ ] (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at Whose direction the service was made. AMANDA RUIZ Executed 0n January 8, 2021, in Costa Mesa, California, 1 PROOF OF SERVICE