Motion Amended

Cal. Super. - 6th Dist.March 23, 2021

4878-6734-0033v1 DCH|N\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV381025 Santa Clara - Civil JOSHUA BORGER, CA STATE BAR N0. 23 1 951 DENNIS CHIN, CA STATE BAR N0. 236466 BERLINER COHEN, LLP TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN JOSE, CALIFORNIA 951 13-2233 TELEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 joshua.borger@berliner.com dennis.chin@berliner.com ATTORNEYS FOR PLAINTIFF NORTHPOINT CAPITAL FUND, LLC Desiree Alf Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/8/2021 9:40 AM Reviewed By: Desiree Alfaro Case #21 CV381 025 Envelope: 7816417 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA NORTHPOINT CAPITAL FUND, LLC, a Delaware limited liability company, Plaintiff, V. JAMES MCCLENAHAN; SAUL FLORES; EAGLE HOME LOANS AND INVESTMENT, LLC; IRON SPRINGS DEVELOPMENT, LLC; and DOES 1 through 25, inclusive, Defendant. CASE NO. 2 1CV3 8 1 025 AMENDED NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES FOR FORM INTERROGATORIES, SPECIAL INTERROGATORIES, REQUESTS FOR PRODUCTION OF DOCUMENTS, THAT REQUESTS FOR ADMISSIONS BE DEEMED ADMITTED, AND REQUEST FOR MONETARY SANCTIONS Date: February 10, 2022 Time: 9:00 a.m. Dept. 20 Judge: Hon. Socrates P. Manoukian Case Filed: March 23. 2021 TO ALL DEFENDANTS AND THEIR ATTORNEY OF RECORDS: PLEASE TAKE NOTICE that on February 10, 2022, at 9:00 am. in Department 20 of the Santa Clara County Superior Court, located at 191 N. First Street, San Jose, California, Plaintiff Northpoint Capital Fund, LLC Will, and do hereby, move the Court for an order compelling 1) Defendants James McClenahan, Saul Flores, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC t0 respond without objections t0 the form interrogatories, set one, the requests for production 0fdocuments, set one, and produce all responsive documents; 2) Defendant Saul Flores to respond without objections t0 the special interrogatories, set one; and 3) Deem the requests for admissions, set one against each defendant to be admitted. -1- al’O AMENDED NOTICE 0F MOTION AND MOTION T0 COMPEL RESPONSES FOR FORM INTERROGATORIES, SPECIAL INTERROGATORIES, REQUESTS FOR PRODUCTION 0F DOCUMENTS, THAT REQUESTS FOR ADMISSIONS BE DEEMED ADMITTED, AND REQUEST FOR MONETARY SANCTIONS 4878-6734-0033v1 DCHIN\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This motion is brought pursuant to Code of Civil Procedure sections 2030.290, 203 1 .300, and 2033.280 0n the grounds that all defendants have failed to served responses t0 the form interrogatories, request for production 0f documents, and request for admissions; that Defendant Saul Flores has failed to served responses t0 special interrogatories; and the information and documents are relevant to the subject matter 0f this action. YOU ARE FURTHER NOTIFIED THAT Plaintiff Will also seek an order for monetary sanctions in the sum of at least $2,508 for the attomeys’ fees and costs against Defendants jointly. This motion is based upon this Notice ofMotion and Motion, the Memorandum ofPoints and Authorities, Declaration of Dennis Chin, and any other papers filed concurrently herewith; on the record and files herein; and 0n such evidence and argument as may be presented at the hearing on the motion. DATED: DECEMBER 8, 2021 BERLINER COHEN, LLP mm BORGER \3 DENNIS CHIN ATTORNEYS FOR PLAINTIFF NORTHPOINT CAPITAL FUND. LLC -2- AMENDED NOTICE 0F MOTION AND MOTION T0 COMPEL RESPONSES FOR FORM INTERROGATORIES, SPECIAL INTERROGATORIES, REQUESTS FOR PRODUCTION 0F DOCUMENTS, THAT REQUESTS FOR ADMISSIONS BE DEEMED ADMITTED, AND REQUEST FOR MONETARY SANCTIONS 4878-6734-0033v1 DCHIN\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Northpoint Capital Fund, LLC v. McClenahan, et al. Case N0. 21CV381025 PROOF OF SERVICE I, Sabina Hall, declare under penalty ofperjury under the laws ofthe State 0f California that the following facts are true and correct: I am a citizen of the United States, over the age of eighteen years, and not a party t0 the Within action. I am an employee ofBerliner Cohen, LLP, and my business address is Ten Almaden Boulevard, Eleventh Floor, San Jose, California 951 13-2233. On December 8, 2021, I served the following document(s): AMENDED NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES FOR FORM INTERROGATORIES, SPECIAL INTERROGATORIES, REQUESTS FOR PRODUCTION OF DOCUMENTS, THAT REQUESTS FOR ADMISSIONS BE DEEMED ADMITTED, AND REQUEST FOR MONETARY SANCTIONS; in the following manner: E by placing the document(s) listed above in a sealed envelope With postage thereon fully prepaid, in the United States mail at San Jose, California addressed as set forth below. E by overnight mail by placing the document(s) listed above in a sealed overnight mail envelope with postage thereon fully prepaid, addressed as set forth below. E by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below. X by e-mail or electronic transmission. Pursuant t0 Code of Civil Procedure §1010.6, I caused the document(s) t0 be sent t0 the person(s) at the e-mail address(es) listed below. ATTORNEY FOR DEFENDANTS Leo B. Siegel Law Office 0f Leo B. Siegel 16 Waugh Rd. Royal Oaks, CA 95076 Tel.: 83 1-768-91 10 Email: leob@stonesiegel.com I am readily familiar With my firm’s practice for collection and processing ofcorrespondence for mailing with the United States Postal Service/Express Mail, Federal Express and other overnight mail services, t0 Wit, that correspondence Will be deposited With the United States Postal Service/overnight mail service this same day in the ordinary course 0f business. Executed 0n December 8, 2021, at San Jose, California. SABINA HALL -3- PROOF 0F SERVICE