Nicholas A. Tran vs. Kevin Do

Motion to Compel Production/Inspection of Documents or Things

Cal. Super. - 4th Dist.September 14, 2015

O O 0 0 N N O N v n B R A W N N O N N N N N R N N N e m e m e s e s e s e m e e = 0 -- N O O W n A& E W N = O O Y W 0 0 N o n A W N = O O KERMIT D. MARSH (SBN 150745) JING TSANG (SBN 296427) LAW OFFICES OF KERMIT D. MARSH 9550 Warner Avenue, Suite 250 Fountain Valley, California 92708 Tel (714) 593-2321 Fax (888) 396-6272 Attorneys for Plaintiffs Nicholas A. Tran and Yauto Dang I SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE CENTRAL JUSTICE CENTER NICHOLAS A. TRAN,an individual; Case No: 30-2015-00809538-CU-BC-CJC YAUTO DANG,an individual, Plaintiffs, Assigned for All Purposes to the Honorable Randall J. Sherman vs. KEVIN DO, an individual; ANGIE LUU, an NOTICE OF MOTION AND MOTION TO individual; DO CONSTRUCTION & COMPEL FURTHER RESPONSES AND DESIGN, INC., a California corporation; PRODUCTION TO REQUESTS FOR and DOES 1 through 25, inclusive, PRODUCTION OF DOCUMENTS, SET ONE, AND FOR SANCTIONS; Defendants. MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF KERMIT D. MARSH, WITH EXHIBITS; STATEMENT OF REQUESTS FOR PRODUCTION OF DOCUMENTS AND RESPONSES IN DISPUTE; [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL AND FOR SANCTIONS Date: July 14, 2016 Time: 1:30 p.m. Dept.: C24 Date Filed: ~~September 14, 2015 Court Reservation No: 72389736 I" : 1 NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO RFP, SET | n N O O 0 N N A N n n A W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD: PLEASE TAKE NOTICEthat on July 14, 2016 at 1:30 p.m., or as soon thereafter as the matter may be heard, in Department C24 ofthe above-entitled Court, located at 700 Civic Center Drive West, Santa Ana, California 92701, PlaintiffNICHOLAS A. TRAN ("Plaintiff"), will and hereby does, move the Court for an order compelling Defendant KEVIN DO ("Defendant") to provide further full and complete responses and production to the requests for production of documents set forth in the Statement of Requests for Production of Documents and Responses in Dispute filed with this motion. Plaintiff will also move the Court for an order that Defendant pay to the moving party the sum ofeight thousand six hundred twenty-seven dollars and fifty cents ($8,627.50) as the reasonable costs and attorney fees incurred by Plaintiff for these proceedings. This motion is made on the grounds that the requests for production of documents are relevant to the subject matter of the action, and Defendant's failure to answerfully is without substantial justification. The motion will be based upon this Notice of Motion and Motion to Compel Further Responses and Production to Requests for Production ofDocuments, Set One, and for Sanctions, the accompanying Memorandum of Points and Authorities in support thereof, the Declaration of Kermit D. Marsh and the exhibits attached thereto, the Statement of Requests for Production of Documents and Responses in Dispute, the records and files in this action, and upon such other papers, pleadings, evidence or arguments as may be presented before the Court regarding this motion. Respectfully submitted. DATED: June 10, 2016 LAW OFFICES OF KERMIT D. MARSH LonFBMed KERMIT D. MARSH Attorneys for Plaintiffs NICHOLAS A. TRAN and YAUTO DANG 2 NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO RFP, SET 1 O O 0 N N N N n A W N N O N O N O N N O N N N N m e m e m e m e e e m e e e e e e W w N N O N n n R A W N = O V V N N N R A W N N ~ ~ O O PROOF OF SERVICE [ declare that I am over the age of eighteen (18) and not a party to this action. My business address is 9550 Warner Avenue, Suite 250, Fountain Valley, CA 92708. On June 10, 2016, I served the following document(s): NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES AND PRODUCTION TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES AND PRODUCTION TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR SANCTIONS; DECLARATION OF KERMIT D. MARSH IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES AND PRODUCTION TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, AND FOR SANCTIONS; STATEMENT OF REQUESTS FOR PRODUCTION OF DOCUMENTS AND RESPONSES IN DISPUTE; [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES, SET ONE, AND FOR SANCTIONS on the interested parties in this action by placing a true and correct copy of such document, enclosed in a sealed envelope, addressed as follows: Richard Wynn, Esq. Counselfor All Defendants Wynn Law Group 301 E. Ocean Blvd., Suite 1700 Long Beach, CA 90802 (xx) I am readily familiar with the business’ practice for collection and processing of correspondence for mailing with the United States Postal Service. I know that the correspondence was deposited with the United States Postal Service on the same day this declaration was executed in the ordinary course of business. I know that the envelope was sealed and, with postage thereon fully prepaid, placed for collection and mailing on this date in the United States mail at Fountain Valley, California. () By overnight courier, I caused the above-referenced document(s) to be deposited in a box or other facility regularly maintained by the overnight courier, or delivered the above-referenced document(s) to an overnight courier service, for delivery to the above addressee(s). Executed on June 10, 2016, at Fountain Valley, California. (xx) (State) I declare under penalty of perjury under the lawsofthe 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 ofthis court at whose direction the service was made. JING TS 3 NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO RFP, SET 1