Jennifer Sommer vs. Darden Restaurants, Inc.

Motion to Compel Answers to Interrogatories

Cal. Super. - 4th Dist.April 29, 2014

A N nn W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 26 27 28 AEGIS LAW FIRM, PC KASHIF HAQUE, State Bar No. 218672 SAMUEL A. WONG, State Bar No. 217104 JESSICA L. CAMPBELL, State Bar No. 280626 ALI S. CARLSEN, State Bar No. 289964 9811 Irvine Center Drive, Suite 100 Irvine, California 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 THE COOPER LAW FIRM, P.C. Scott B. Cooper, State Bar No. 174520 Samantha A. Smith, State Bar No. 233331 4000 Barranca Parkway, Suite 250 Irvine, California 92604 Telephone: (949) 724-9200 Facsimile: (949) 724-9255 ELECTRONICALLY FILED Superior Court of California, County of Orange 10M 372017 at 05:26:00 PM Clerk of the Superior Court By Georgina Ramirez, Deputy Clerk Attorneys for Plaintiffs Jennifer Sommer and David Balsie, individually and on behalf of all other similarly situated, and on behalf of the general public SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE JENNIFER SOMMER and DAVID BALSIE, individually and on behalf of all other similarly situated, and on behalf of the general public, Plaintiffs, Vv. DARDEN RESTAURANTS, INC. a Florida corporation; GMRI, INC., a Florida corporation; and DOES 1 through 20, inclusive, Defendants. Case No. 30-2014-00720139-CU-OE-CXC Assigned for all purposes to Hon. William Claster Dept. CX102 PLAINTIFFS NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE AND REQUEST FOR SANCTIONS RESERVATION NO.: 72680992 Date: November 17, 2017 Time: 9:00 am Dept.: CX102 PLAINTIFFS NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES A N nn W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 26 27 28 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on November 17, 2017, at 9:00 a.m., or as soon thereafter as the matter may be heard in Department CX102 of the above-entitled Court, located at 751 West Santa Ana Blvd., Santa Ana, California 92701, Plaintiff David Balsie (“Plaintiff”) hereby moves this Court for an Order compelling Defendants Darden Restaurants, Inc. and GMRI, Inc. (“Defendants”) to provide further responses to Plaintiff’s Special Interrogatories, Set One, Nos. 1, 6,7, 11-21. This Motion is made pursuant to Cal. Code Civ. Proc. § 2030.300(a). The motion is made on the grounds that the information requested is relevant and necessary to Plaintiff's claims and Defendants’ responses are inadequate and rely on inapplicable and improper objections. The motion is further made on the grounds that the information requested is vital to Plaintiff's PAGA claims and that Defendants’ failure and refusal to provide complete responses is highly prejudicial to Plaintiff and the aggrieved employees. Plaintiff therefore request that this Court order Defendants to provide complete, verified responses. PLEASE TAKE FURTHER NOTICE that Plaintiff will, and hereby does, move the Court for an order pursuant Cal. Code Civ. Proc. §§ 2023.010, 2023.030 and 2031.310(h) awarding Plaintiff sanctions in the amount of $3,389.95 against Defendants and/or their counsel for lack of substantial justification for failing to provide supplemental responses. This motion is based on this Notice of Motion and Motion, Memorandum of Points and Authorities, Declaration of Jessica L. Campbell, all exhibits attached thereto, the Separate Statement in support of this Motion, and on other documents, arguments or evidence as may be presented at the hearing of the motion. Dated: October 13, 2017 AEGIS LAW FIRM, PC By: ZL on (pth Jessica L. Campbell Attorneys for Plaintiffs -1- PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES NO 0 NN O N Wn Rs W N m= BR DN N N N N N N N me e k e m e m p d e m e e e e e d 0 ~~ A Y Wh B W = O W e N N R W N e S CERTIFICATE OF SERVICE I, the undersigned, am employed in the County of Orange, State of California. T am over the age of 18 and not a party to the within action; am employed with Aegis Law Firm PC and my business address is 9811 Irvine Center Drive, Suite 100, Irvine, California 92618. On October 13, 2017, I served the foregoing document entitled: * PLAINTIFFS’ NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE AND REQUEST FOR SANCTIONS on all the appearing and/or interested parties in this action by placing [_] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as follows: Gerald L. Maatman, Jr, Timothy L. Hix Matthew Gagnon SEYFARTH SHAW, LLP SEYFARTH SHAW, LLP 333'S. Hope St., Ste 3900 131 S. Deatborn St., Ste 2400 Los Angeles, CA 90071 Chicago, Illinois 60603 Selyn Hong SEYFARTH SHAW, LLP 560 Mission St., Floor 31 San Francisco, CA 94105 Attorneys for Defendants: GMRI, Inc. and Darden Restaurants, Inc. X (BY MAIL) I am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with 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 postage cancellation date or postage meter date is more than one day after date of deposit for mailing this affidavit. (Cal Code Civ. Proc. § 1013(a); Fed. R. Civ. Proc. 5(a); Fed. R. Civ. Proc. 5(¢).) [J (BY OVERNIGHT MAIL) I am personally and readily familiar with the business practice of Aegis Law Firm PC for collection and processing correspondence for overnight delivery, and I caused such document(s) described herein to be deposited for delivery to a facility regularly maintained Federal Express for overnight delivery. (Cal Code Civ. Proc. § 1013(c); Fed. R. Civ. Proc. 5(c).) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 13, 2017, at Irvine, California. Y Kathyéan Alvarez CERTIFICATE OF SERVICE