Grace Lee vs. Son N. Truong

Motion for Terminating Sanctions

Cal. Super. - 4th Dist.May 8, 2014

W I L C O X E N C A L L A H A M , L L P 2 1 1 4 K St re et , Sa cr am en to ,C al if or ni a 9 5 8 1 6 N O 0 N N N n n R s W N N N N N N N N N N e e e m e m e e e m e m e m e m e e 0 N O N W n R A W N ~ ~ C O N Y R W N D — O O WILCOXEN CALLAHAM, LLP E.S. DEACON, SBN 127638 2114 K Street Sacramento, California 95816 Telephone: (916) 442-2777 Facsimile: (916) 442-4118 Attorneys for Plaintiffs GRACE LEE, M.D. and HENRY ZHU, M.D. SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE GRACE LEE, M.D. and Case No: 30-2014-00722788-CU-MM-C]C HENRY ZHU, M.D. PLAINTIFFS' NOTICE OF MOTION Plaintiffs, FOR TERMINATING SANCTIONS TO BE ENTERED AGAINST Vs. DEFENDANTS; MEMORANDUM OF POINTS & AUTHORITIES; SON N. TRUONG, M.D., DECLARATION OF E. S. DEACON; TRUONG LIPOSCULPTURE, and PROPOSED ORDER DOES 1 through 100, inclusive, Defendants. DATE: 2/19/2016 TIME: 9:30 a.m. DEPT.: 20 Unlimited Jurisdiction Complaint Filed: May 8, 2014 Trial Date: February 29, 2016 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: NOTICE IS HEREBY GIVEN that on February 19 at 9:30 a.m., or as soon thereafter as the matter may be heard in Department 20 ofthis Court located at 700 Civic Center Drive West, Santa Ana, California 92702, Plaintiffs will, and hereby do, move the Court for an order that Defendant's Answerto Plaintiff's First Amended Complaint be stricken. The motion will be made on the following grounds: 1. Defendant SON N. TRUONG, M.D. disobeyed an order from this Court to appear for deposition on October 7, 2015. 2. On October 7, 2015 Plaintiff's counsel advised defendant SON N. TRUONG, M .D. 1 00104729 PLAINTIFFS’ NOTICE OF MOTION FOR TERMINATING SANC TIONS © 0 NN O& O Ln A W N — N O N N N N N N N N m e e m e m e m e m e m e e e e e s 0 0 N N O A U n B A W N = O O X N Y E W N = O that he had disobeyed an Order from the Court to appear for deposition. 3. Defendant SON N. TRUONG, M.D,, failed to appear for the scheduled Mandatory Settlement Conference that took place on October 16, 2015. 4, On December18, 2015 the Court issued a Minute Order directing Plaintiffs to re-notice, once again, the deposition of defendant SON N. TRUONG, M.D. based upon a perception that the Notice of the Motion for Terminating Sanctions was defective. 5. On December21, 2015 at 3:35 p.m. Plaintiffs received the Court's Minute Order via email. 6. On December 22, 2015 correspondence was sent to defendants SON N. TRUONG, M.D. and STRUONG M.D. CORPORATION dba STRUONG COSMETICS requesting available dates for further deposition. The correspondence also advised that if no dates were provided, the deposition would be unilaterally scheduled for either January 13 or 14, 2016. 7. DR. TRUONG did not respond to the correspondence referenced in paragraph 6 above. 8. On December 30, 2015 defendants SON N. TRUONG, M.D., and SON N. TRUONG as representative of STRUONG M.D. CORPORATION dba STRUONG COSMETICS were served with plaintiffs’ Seventh Amended Notice of Taking the deposition of SON N. TRUONG, M.D,, to take place on January 13, 2016 at 11:30 a.m. at Premier Business Office located at 19200 Von Karman Avenue, 4™ Floor, Suite 447 in Irvine, California. The deposition notice was served by facsimile transmission and U.S. Mail to the facsimile number and address provided on defendants’ substitution of attorney form. 9. DR. TRUONGfailed to appearfor his properly noticed deposition on January 13, 2016. Plaintiffs’ counsel's paralegal called DR. TROUNG'’S office at 11:35 a.m. on January 13, 2016 to inquire about the whereabouts of DR. TRUONG and wastold that DR. TRUONG was notin the office and the person answering did not know if DR. TRUONG was going to appearfor his deposition. Plaintiffs will also move the Court for an Order that defendants pay the sum of | $4,295.00 as the reasonable costs and attorneysfees incurred by Plaintiff's for these proceedings. This motion is made on the grounds that sanctions requested are reasonably 2 00104729 PLAINTIFFS' NOTICE OF MOTION FOR TERMINATING SANCTIONS N o W o N O 0 N N O N W n A 9 + required to enforce the orders of this Court. The motion will be based on this Notice of Motion, supporting Memorandum, and on the Declarations of E. S. DEACON and attached exhibits, served and filed herewith, on the records andfile herein, and on such further and additional evidence as may be presented at the hearing of the motion. Pursuant to Local Rule 382: “Those tentative rulings which are posted on the Internet may be viewed at www.occourts.org. In addition, tentative rulings on unlimited civil cases may be obtained by calling the clerk of the courtroom where the case is assigned, or the Clerk’s Office if the case is a limited civil action, after 3:00 p.m. on the court day before the scheduled hearing.” If you wish to appearat the hearing on the Motion, call Department C-20, (657) 622- 5220, and notify the opposing party by 4:00 p.m. the court day before the scheduled hearing. If you do not call the court and the opposing party by 4:00 p.m. the court day before the hearing, you may be prevented from being heard at the scheduled hearing. Dated: January 20, 2016 WILCOXEN CALLAHAM, LLP By:0ar E.S. DEACON Attorneys for Plaintiff 3 00104729 PLAINTIFFS' NOTICE OF MOTION FOR TERMINATING SANCTION S W I L C O X E N C A L L A H A M . L L P 2 1 1 4 K St re et , Sa cr am en to , Ca li fo rn ia 9 5 8 1 6 2 l O ] t h 6 PROOF OF SERVICE (CCP Section 1013A) lam a citizen of the UnitedStates, and employed in the County of Sacramento. [ am over the age of eighteen (18) years, and not a party to the within above-entitled action. My business address is 2114 K Street, Sacramento, CA 95816. Onthis date | served the following on each part listed hereinbelow: NOTICE OF MOTION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF E.S. DEACON ISO MOTION TO CONTINUE TRIAL; PROPOSED ORDER XXXXXX Via U.S. Postal Service. By depositing for collection and mailing, following ordinary business practices (I am familiar with the business practices of the law offices of Wilcoxen Callaham, LLP for collecting and processing mail, and know that the mail in said office is collected and processedso that this piece of mail was deposited with the United States Postal Service on the same date indicated hereinbelow), a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid. Via Overnight Mail Service. By causing a true copy thereof, enclosed in a sealed envelope, to be delivered via the following overnight mail courier service: XXXXXXX Via Facsimile. Pursuant to agreement of the parties named hereinbelow, transmitting from facsimile machine number 916-442-4118 to the facsimile numbers listed hereinbelow, at approximately 4:20 pm, on the date indicated hereinbelow. A transmission reportwas properlyissued by the sending facsimile machine, andthe transmission was reported as complete and without error. (CRC 2008.) ____ Via Personal Delivery. By having personally delivered by office messengera true copy thereof enclosed in a sealed envelope, on the date indicated hereinbelow. Son N. Troung, M.D., and Telephone: (714) 839-9999 Stroung MD Corporation dba Fascimile: (888) 654-6152 Stroung Cosmetics, erroneously as Truong Liposculpture Defendants, In Pro Per 15647 Brookhurst St. Westminster, CA 92683 15568 Brookhurst St., Ste. 368 Westminster, CA 92683 15643 Brookhurst St., Ste. 368 Westminster, CA 92683 | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 21, 2016, at Sacramento, California. (DA7 AmandaL..Moyer | 00083868 PROOF OF SERVICE