Hung Dang vs. Phuc Hong Nguyen

Opposition

Cal. Super. - 4th Dist.November 4, 2015

10 17. 12 13 14 15 16 17 18 18 20 21 22 23 24 25 26 27 28 John J. Ramp Bar no. 134649 Law Offices of John J. Ramp 7755 Center Ave., Suite 1100 Huntington Beach, Ca. 92647 (714) 372-2292 Attorney for Hung Dang SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE HUNG DANG, CASE NO. 30-2015-00818328 OPPOSITION TO DEFENDANTS” MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES AND REQUEST FOR MONETARY SANCTIONS Plaintiff, VS. PHUC HONG NGUYEN, FEDEX, AND DOES 1 to 25, DATE: May 5, 2016 TIME: 9:30 AM DEPT: C-3 Defendants . N s ? N a R a ? N a t ? N E S C N pg ; TO THE DEFENDANTS AND THEIR ATTORNEYS OF RECORD: COMES NOW PLAINTIFF HUNG DANG who submits this opposition to defendants’ motion to compel responses to form interrogatories and request for monetary sanctions. The opposition is based on the fact that the motion to compel responses to form interrogatories is moot and it would be unjust to award sanctions to the defendants. Opposition to motion to compel and request for sanctions 10 1 12 13 14 15 16 1.7 18 19 20 2.1 22 23 24 25 26 27 28 i INTRODUCTION On December 10, 2015 the defendants’ attorneys served form interrogatories for an unlimted case, special interrogatories, pages 1 through 8, and a demand for productions of documents that were inappropriate for a limited jurisdiction case. On January 26, 2016 plaintiff’s attorney advised attorney Linda Bauermaster that she had served discovery inappropriate for a limited jurisdiction case. She was further told to send discovery within the rules of the Code of Civil Procedure for a case in limited jurisdiction. However, the form interrogatories and demand for production of documents were never received in the plaintiff’s attorney’s office. After plaintiffs attorney received the defendants’ meet and confer letter regarding the discovery he called the defendants’ attorneys on March 18, 2016 and informed them that he did not receive the discovery and requested them to send another copy to him. Plaintiff’s attorney never received the discovery once again. The first time plaintiff’s attorney received the discovery appropriate for a limited jurisdiction case was when they were attached to the motion to compel. The responses to the discovery have since been provided to the defendants. On March 23, 2016 plaintiff's attorney underwent total hip replacement surgery which left him incapacitated and taking codine pain medications up to this day. Weeks prior to the surgery plaintiffs attorney was in a great deal of pain which necessitated the surgery and limited his ability to perform his legal duties. // 2 Opposition to motion to compel and request for sanctions 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 II. THE RESPONSES TO FORM INTERROGATORIES HAVE BEEN SERVED WITHOUT OBJECTIONS SO THIS MOTION IS MOOT. On April 25, 2016 the defendants were served with responses to the form interrogatories without objections. Those responses are attached hereto as Exhibit A. Therefore, the defendants’ motion to compel responses to form interrogatories is moot. III. UNDER THE CIRCUMSTANCES OF THIS CASE THE COURT SHOULD NOT AWARD SANCTIONS TO DEFENDANTS BECAUSE IT WOULD BE UNJUST C.C.P. section 2030.090(d) provides that the court has discretion not to award sanctions if it finds that “the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” As described above the award of sanctions in this matter would be unjust because there was substantial justification and other circumstances in the delay in getting the responses to the form interrogatories to the defendants. IV.. CONCLUSION The motion to compel is moot because the responses to form interrogatories have already been Served upon the defendants without objections. The request for monetary sanctions should be denied because there was substantial justification And other circumstances which caused the delay in getting the responses to the defendants. There is no trial date scheduled so the defendants have not been harmed in any way by the justifiable delay in them getting the responses to form interrogatories in this limited jurisdiction case. Dated: April 25, 2016 7 Begg AS John J. Ramp Attorney for plaintiff 3. Opposition to motion to compel and request for sanctions 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF JOHN J. RAMP I, John J. Ramp, declare: 1. Iam an attorney at law duly licensed to practice before all of the courts of the State of California. I am the attorney of record for the plaintiff Hung Dang. 2. All of the factual allegations described in the introduction are based on my personal knowledge. If called to testify I will testify as to the truth of those matters asserted. I declare under penalty of perjury the above to be true and correct. Dated: March 25, 2016 a RT John J. Ramp Attorney for plaintiff Declaration of John J. Ramp EXHIBIT A 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 John J. Ramp Bar no. 134649 Law Offices of John J. Ramp 7755 Center Ave., Suite 1100 Huntington Beach, Ca. 92647 (714) 372-2292 Attorney for Hung Dang SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE HUNG DANG, ) CASE NO. 30-2015-00818328 ) RESPONSES OF PLAINTIFF TO Plaintiff, ) ) FORM INTERROGATORIES ) ) VS. PHUC HONG NGUYEN, FEDEX, AND ) DOES 1 to 25, ) ) Defendants. ) ) ASKING PARTY : Defendants FedEx and Nguyen ANSWERING PARTY : Plaintiff Hung Dang SET NUMBER : ONE COMES NOW PLAINTIFF HUNG DANG who in accordance with Code of Civil Procedure sections 2030.010 et. seq. responds to the defendant s first set of form interrogatories. Since discovery is ongoing and incomplete the plaintiff reserves the right to amend or add to his responses at a later date. Responses to form interrogatories 10 1a, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 101.1 My attorney 102.2 Born 08/10/1966 in Saigon, Vietnam 102.3 Ca. B3146269, no restrictions, 07/11/15 to 07/11/16 102.4 12532 W. Beacon Ave., Anaheim, Ca. 92804, from 11/2014 to present; 12532 Barbara Ave., Garden Grove, Ca. 92841 for over five years. 102.6 Machine operator 102.8 No 102.10 None 104.1 Metlife, policy no. 0910614740, policy limits of 100,000/300,000 106.1 Neck pain, shoulders pain, back pain, and headaches 106.2 None 106.3 Industricare Medical Clinic, 14291 Euclid Street, # D-112, Garden Grove, Ca. 92843 (714) 554-2250 106.5 $7,892 106.7 None 108.1 None 108.2 None 108.3 None 110.1 None 112.1 Myself and the defendants 112.2 None 112.4 None Dated: April 21, 2016 gee mre John J. Ramp - Attorney for Hung Dang Responses to form interrogatories 10 11 1.2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VERIFICATION (CCP Section 446, 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I, Hung Dang declare that I am the plaintiff in the above-entitled action. I have read the foregoing responses to request for production of documents and responses to form interrogatories and know the same to be true of my own knowledge, except as matters which are therein stated upon my information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 235-6 Dated: 7 / wy Ray Hang Dang \ Verification POS-030 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY John J. Ramp, Esq. Bar no. 134649 Law Offices of John J. Ramp 7755 Center Ave., Suite 1100 Huntington Beach, Ca. 92647 TELEPHONE NO: 714-372-2292 FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Attorney for Hung Dang SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE street aopress: 700 Civic Center Drive West MAILING ADDRESS: cry anp zie cone: Santa Ana, Ca. 92702 srancH Nave: Central PETITIONER/PLAINTIFF- HUNG DANG RESPONDENT/DEFENDANT:PHUC HONG NGUYEN, FEDEX CASE NUMBER: PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL 30-2015-00818328 (Do not use this Proof of Service to show service of a Summons and Complaint.) 1. lam over 18 years of age and not a party to this action. | am a resident of or employed in the county where the mailing took place. 2. My residence or business address is: 7755 Center Ave., Suite 1100, Huntington Beach, Ca. 92647 3. On (date):04/25/2016 I mailed from (city and state): Huntington Beach, Ca. the following documents (specify): RESPONSES TO FORM INTERROGATORIES [1 The documents are listed in the Attachment to Proof of Service by First-Class Mail—Civil (Documents Served) (form POS-030(D)). 4. | served the documents by enclosing them in an envelope and (check one): a. [/] depositing the sealed envelope with the United States Postal Service with the postage fully prepaid. b. [__] placing the envelope for collection and mailing following our ordinary business practices. | am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. 5. The envelope was addressed and mailed as follows: a. Name of person served: defendants and their attorneys b. Address of person served: Law Offices of Barbier and Bauermeister 1551 N. Tustin Ave., Suite 720 Santa Ana, Ca. 92705 [1 The name and address of each person to whom | mailed the documents is listed in the Attachment to Proof of Service by First-Class Mail—Civil (Persons Served) (POS-030(P)). | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date. : 25-16 . Nn Lyn Domingo p 2 ozs (TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETING THIS FORM) Form Approved for Optional Use Code of Civil Procedurt 1013, 1013a Se ye PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL Mesa POS-030 [New January 1, 2005] (Proof of Service) POS-030 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY John J. Ramp, Esq. Bar no. 134649 Law Offices of John J. Ramp 7755 Center Ave., Suite 1100 Huntington Beach, Ca. 92647 TELEPHONE NO: 714-372-2292 FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (vame): Attorney for Hung Dang SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE street appress: 700 Civic Center Drive West MAILING ADDRESS: civ ano zie cope: Santa Ana, Ca. 92702 srancH nave: Central PETITIONER/PLAINTIFF: HUNG DANG RESPONDENT/DEFENDANT:PHUC HONG NGUYEN, FEDEX CASE NUMBER: PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL 30-2015-00818328 (Do not use this Proof of Service to show service of a Summons and Complaint.) 1. lam over 18 years of age and not a party to this action. | am a resident of or employed in the county where the mailing took place. 2. My residence or business address is: 7755 Center Ave., Suite 1100, Huntington Beach, Ca. 92647 3. On (date):04/25/2016 I mailed from (city and state): Huntington Beach, Ca. the following documents (specify): OPPOSITION TO MOTION TO COMPEL AND REQUEST FOR MONETARY SANCTIONS [1 The documents are listed in the Attachment to Proof of Service by First-Class Mail—Civil (Documents Served) (form POS-030(D)). 4. | served the documents by enclosing them in an envelope and (check one): a. [/] depositing the sealed envelope with the United States Postal Service with the postage fully prepaid. b. [_] placing the envelope for collection and mailing following our ordinary business practices. | am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. 5. The envelope was addressed and mailed as follows: a. Name of person served: defendants and their attorneys b. Address of person served: Law Offices of Barbier and Bauermeister 1551 N. Tustin Ave., Suite 720 Santa Ana, Ca. 92705 [1 The name and address of each person to whom | mailed the documents is listed in the Attachment to Proof of Service by First-Class Mail—Civil (Persons Served) (POS-030(P)). | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 2 5/6 Lyn Domingo » 4 Lge (TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE OF PERSON COMPLETING THIS FORM) res PROOF OF SERVICE BY FIRST-CLASS MAIL—CIVIL Colca. lo i Judicial Council of California www.courtinfo.ca.gov POS-030 [New January 1, 2005] (Proof of Service)