Motion Compel

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 V. Castane Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/2/2021 2:19 PM Reviewed By: V. Castaneda Case #21 CV381 025 Envelope: 7586819 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 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: 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 0n , at 9:00 am. in Department 20 of the Santa Clara County Superior Court, located at 191 N. First Street, San Jose, California, PlaintiffNorthpoint Capital Fund, LLC Will, and d0 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 to respond without objections t0 the form interrogatories, set one, the requests for production ofdocuments, set one, and produce all responsive documents; 2) Defendant Saul Flores to respond Without obj ections t0 the special interrogatories, set one; and 3) Deem the requests for admissions, set one against each defendant t0 be admitted. -1- 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 da 2-10-22 2-10-22 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: NOVEMBER 2, 2021 BERLINER COHEN, LLP mm BORGER \3 DENNIS CHIN ATTORNEYS FOR PLAINTIFF NORTHPOINT CAPITAL FUND. LLC -2- NOTICE 0F MOTION AND MOTION To COMPEL RESPONSES FOR FORM INTERROGATORIES, SPECIAL INTERROGATORIES, REQUESTS FOR PRODUCTION 0F DOCWENTS, THAT REQUESTS FOR ADMISSIONS BE DEEMED ADMITTED, AND REQUEST FOR MONETARY SANCTIONS