Motion To CompelMotionCal. Super. - 4th Dist.November 12, 2015O o o o ~ J A W n A W N - N o N o N O n o N o N o r N | ] N o p - Je d r h - - - Yo rk Pon ank p - - o o ~ J A N w n E N W w N o - _ < O o o o ~ J A N w n E= N w o n o p - < < GREGG STRUMWASSER (SBN 188853) DAVID A. LEEDS (SBN 199603) BETTY C. MACHEN (SBN 219816) VERNON C. TUCKER (SBN 289320) DOWNS & ASSOCIATES 4607 Lakeview Canyon Rd., Suite 275 Westlake Village, California 91361 Telephone: (818) 540-4410 Facsimile: (818) 540-4445 Our File No.: 3000837110 Attorney for Plaintiff, FARMERS INSURANCE EXCHANGE SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE LIMITED JURISDICTION-CIVIL/CENTRAL JUSTICE CENTER FARMERS INSURANCE EXCHANGE, a ) Case No.: 30-2015-00820041-CL-PA-CJC California Interinsurance Exchange, ) ) NOTICE OF MOTION AND MOTION TO Plaintiff, ) COMPEL RESPONSES TO REQUEST FOR V. ) PRODUCTION OF DOCUMENTS (SET ONE) ) PROPOUNDED TO DEFENDANT AND JEVON DANIEL, JR,et al. ) REQUEST FOR SANCTIONS; DECLARATION ) OF BETTY C. MACHEN; MEMORANDUM OF Defendants ) POINTS AND AUTHORITIES; [PROPOSED] ) ORDER ) ) DATE: January 12,2017 ) TIME: 9:30 a.m. ) DEPT: C-03 TO DEFENDANT, JEVON DANIEL, JR., AND ITS ATTORNEYS OF RECORD: PLEASE TAKE NOTICEthat on January 12, 2017, at 9:30 a.m., in Department C03 of the above-entitled court located at 700 Civic Center Drive West, Santa Ana, CA. 92701, Plaintiff, FARMERS INSURANCE EXCHANGE, a California Interinsurance Exchange, will bring its motion to compel verified Responses to Request for Production ofDocuments (set one) MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED TO DEFENDANT pg. 1 of 5 \ O © 3 a N w i E N W w N o - n o N O N Y n o N o N o N o N o N o - - - J k - po d - _ - _ - _ - o o ~ J a N w n EA N w o N o - o \ O o o ~ J a N w n + W w N o - o o based upon C.C.P. Section 2031.300. Plaintiff, at the same time, will ask that the court award monetary sanctions in the amount of $685.00 against defendant, JEVON DANIEL, JR., for misuse of discovery in not providing verified answers to Production ofDocuments after given a reasonable opportunity to do so pursuant to C.C.P. Section 2031.300 and 2023.030. PeDATED: {3O° DOWNS & ASSOCIATES Attorneys for Plaintiff FARMERS INSURANCE EXCHANGE MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED TO DEFENDANT pg. 2 of 5 \ O o o a N w n B S W w N o - 0 ~ ~ O N R W O N = O 0 0 N N N W N = O DECLARATION OF BETTY C. MACHEN I, BETY C. MACHEN,do hereby declare: 1. I am an attorney at law duly authorized to practice in all courts ofthe State of California, and an attorney at Downs & Associates,attorneys of record herein forplaintiff, Farmers Insurance Exchange, a California Interinsurance Exchange. Iam familiar with the matters stated herein, and if called upon to testify, I could and would competently testify to the following matters as they are personally known to me. 2. This action arises out of a traffic collision occurring on or about June 12, 2014, wherein plaintiff’s insured was in an accident with a vehicle owned and/or driven by defendant, Jevon Daniel, Jr. 3. Byproof of service dated June 20, 2016, plaintiffpropounded to defendant a set of Request for Production of Documents. A true and correct copy of the Request for Production ofDocuments is attached as Exhibit “A”. 4, Receiving no verified responses, plaintiff inquired by letter dated September 22, 2016, attached as Exhibit “B”, regarding verified answersto the Request for Production of Documents. As of the date of this declaration, plaintiff has not received verified responses to the Request for Production of Documents. 5. 1 have spent approximately three hours in propounding discovery, following up an attempt to receive responses, and the preparation ofthis declaration and motion. 1 foresee another two hours in the appearance on this matter, including travel time, representing five (5) hours in attorneys fees at $125.00 perhour, plus $60.00 for the motionfiling fee,totaling $685.00 in sanctions to be awarded to plaintiff. MOTTON TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED TO DEFENDANT pg. 3 of 5 f d N Y B N N o n o N o N o N o N o N Y p - p - - - - J - Yo h Ya d pa nt 0 N O N i A W N = D Y N N Y R W N = O \ O ee ] ~~ ] N w n 4 S W w N o I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 5h day ofDecember, 2016, at Westlake Village, California. DB BETTY C.MACHEN MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED TO DEFENDANT py. 4 of 5 O O 1 a N h h R W N D 0 N N R A W N = S Y N A W N s O MEMORANDUM OF POINTS AND AUTHORITIES 1. WHEN A PARTY MAKES AN INSPECTION DEMAND UNDER C.C.P. §2031 AND THE PARTY TO WHOM THE DEMAND IS DIRECTED FAILS TO RESPOND, THE DEMANDING PARTY MAY MOVE FORAN ORDER COMPELLING A RESPONSE AND FOR MONETARY SANCTIONS. Code of Civil Procedure, Section 2031.300 and Code of Civil Procedure, Section 2023.030. Defendant has failed to provide verified responses to the Request for Production of Documents even though a meet and conferletter (attached as Exhibit “B”) was sent regarding the same. Plaintiff requests that the court issueits orderrequiring full and complete verified responses to Form Interrogatories, without objection, and that sanctions in the amount of $685.00, representing five hours in attorneys fees at $125.00 perhour, plus $60.00 for the motion filing fee, be awarded to plaintiff. \b DOWNS & ASSOCIATES Ni\4 \ BY: A / BETLY C. MACHEN, Attorneys for Plaintiff FARMERS INSURANCE EXCHANGE DATED: \&* S57 MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED TO DEFENDANT pg. 5 of 5 EXHIBIT “A” v o ~ ~ Y y n t W w N N O N N N N R R R E N R E R E N E Z S I S I L E R Z S S S GREGG STRUMWASSER (SBN 188853) DAVID A. LEEDS (SBN 199603) BETTY C. MACHEN (SBN 219816) VERNON C. TUCKER (SBN 289320) DOWNS & ASSOCIATES 4607 Lakeview Canyon Rd., Suite 275 Westlake Village, California 91361 Telephone: (818):540-4410 Facsimile: (818) 540-4445 OurFile No.: 3002164768 Attorney for Plaintiff, FARMERS INSURANCE EXCHANGE IN THE SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE LIMITED JURISDICTION-CIVIL/CENTRAL JUSTICE CENTER FARMERS INSURANCE EXCHANGE, a California Interinsurance Exchange, Plaintiff, Vv. JEVON DANIEL, JR., et al. Defendants ) Case No.: 30-2015-00820041-CL-PA-CIC ) ) REQUEST FOR PRODUCTION OF ) DOCUMENTS AND OTHER THINGS ) (C.C.P. SECTION 2031, et. seq.) ) ) SETNO.: ONE PROPOUNDING PARTY: Plaintiff, FARMERS INSURANCE EXCHANGE RESPONDING PARTY: Defendant, JEVON DANIEL, JR. SET NO.: ONE DEMAND IS HEREBY MADE upon defendant, JEVON DANIEL, JR., that on July 25, 2016,at 10:00 a.m.,at the law offices ofDowns & Associates, located at 31111 Agour a Rd., Suite 220, Westlake Village, California 91361, you produce forinspection and copying, in response to plai ntiff’s first Demand foridentification and Production ofDocuments and Things, each “document” set forthi n attached Exhibit “A”including but not limited to, writings, drawings, graphs, charts, photographs, record s and otherdata compilations from which information may be obtained that are within your possession , cust ody or control. O© 8 3 ON wn BA Ww N D N O N N N N N N ; E X E R E V E R E T = I a a d r x t G 8 2 5 The party to whomthis Demand is directed is further advised that pursuant to Code of Civil Procedure §2031, within thirty (30) days after service of this Demand,the responding party is required to serve a written response subscribed underoath. Pursuant to Code of Civil Pro cedure §2031.21 0(a), the response must set forth separately as to eachitem or category in attached Exhibit ”A” a ny of the following: h A statementthat the party will comply with the particular demand for inspection and any related activities. 2) A representation that the party lacks the ability to comply with the demand for inspection of a particularitem or category of item. (3) Anobjectionto the demandeither in its entirety or in some particular respect. This demand is made in accordance with the provisions of Code of Civil Procedure §2031 a nd uponthe grounds that all of the things and evidence requested are non-privileged and are r elevant to the subject matter ofthis action, orare reasonably calculated to lead to the discovery of ad missible evidence. DATED: June 20,2016 DOWNS & ASSOCIATES By: SonSE Gregg Strumwabser, Esq. Attorney for Plaintiff, FARMERS INSURANCE EXCHANGE W O N ) = E a © ee N N N Ww 10 1 12 13 14 15 16 17 18 19 20 21 2 23 2 25 26 27 28 NOTES TQ ITEMS AND CATEGORIES REQUESTED NOTE |: Wherever appearing in any Note herein or in any of the following Items and Categories Requested, each and every reference to any party to this action is intended, and shall be deemed and construed, fo constitute a reference to the party named and to each and all of his, her or its co-p arties) assignors,attorneys, accountants, employees, agents and otherrepresentatives. NOTE 2: The word “writing”, wherever appearing in any Note herein or in any of the following ems Requested, is intended, and shall be deemed and construed to mean, each and every writing as that term i defined in and by California Evidence Code §250. NOTE 3: This Demand for Identification and Production of Documents and Things seeks, in the case of each and every writing requested, the original thereof, unless the same is not in the possession, custody of control of the above-named party and is otherwise not available or accessible to the above-named party, in whichcase the within Demand seeks the best, most true, most complete and most legible copy th ereof. \ NOTE 4: This Demand for Identification and Production of Documents and Things seeks only the items which both (1) are described and requested herein, and (2) presently are in the possession, custody of control of, or are otherwise available to, the above-named party. NOTE 5: “Peyson” means and includes a natural person, partnership, joint venture, corporation, associ ation, or any otherkind of entity. W N = ~ o e N O S Y W n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTE 6: All materials requested to be produced are to be originals. If originals do not ex ist, then an explanation thereto will be required, as well as a copy of the materials requested to be produced at the time indicated. NOTE 7. It is not propounding party’s intention to request production of privileged matter. I f any of the requested materials are claimed to be privileged, please list the following for each items claimed to bg privileged. 1. 2. A brief description ofthe nature and contents of the matter claimed to be privileged; The name, occupation and capacity of the individual from whomthe allegedly privileg ed matter emanated; The name, occupation and capacity of the individual to whom the allegedly privil eged matter was directed; The date borne by the item, orif the item bears no date, the approximate date it initially appeared; A general statement ofthe subject or subject matter of said matter; and, A specific explanation ofthe nature and extent of each suchclaim of privilege. w o n = O O 0 3 O N W n 10 11 12 13 14 15 16 17 8 19 20 21 22 23 24 25 26 27 28 EXHIBIT “A” All photographs depicting the scene where the incident forming the basis of plaintiff's complaint occurred. « All photographs depicting the damage to any vehicle involved in the incident for ming the basis ofplaintiff's complaint. All statements taken from any personclaiming knowledge of facts relatin g to the incident forming the basis of plaintiff's complaint. All documents, which youclaim, support any affirmative defense raised in your an swer to plaintiff’s complaint. All documents which youreferto in yourresponse to plaintiff’s first set of For m Interrogatories. A copy of eachinsurance policy, including the applicable declaration page, tha t may cover you for damagesrelated to the subject automobile accident. O O 0 3 O N h n A L N e s N O R N N N E X B E R B E R E S I r o o = 3 PROOF OF SERVICE (C.C.P. §§1013a, 2015.5 and FRCP 5) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES: 1 am overthe age of eighteen years and not a party to the within entitled action. Tam employed at DOWN S &ASSOCIATES,31111 Agoura Road, Westlake Village, California 91 361. On June 20,2016 , 1 served the attached described document: REQUEST FOR PRODUCTION OFDOCUMENTS, SET NO. OME on the interested party(ies) insaid action, by placing a true copy thereof, enclosed in a sealed envelo pe, addressed as follows: Jeff I. Braun, Esq. McNeil, Tropp & Braun, LLP 2 Park Plaza, Suite 620 Irvine, CA 92614 Attorney for Defendants, Jevon Daniel, Jr. and served the named document fu the manner indicated below: [XX] BYMAIL: I caused true and correct copies of the above documents, by following or dinary business practices, to be placed and sealed in envelope(s) addressed to the addressee(s), at the offices ofDOW NS & ASSOCIATES, 31111 Agoura Road, Suite 220, Westlake Village, California 91361, forcol lection and mailing with the United States Postal Service, and in the ordinary course of business, correspondence placed for collection on a particular day is deposited with the United States Postal Service that same day. [ 1 BYPERSONAL SERVICE: 1 caused true and correct copies ofthe above documents to be placed and sealed in envelope(s) addressed to the addressee(s) and I caused such envelope(s) to be delive red by hand on the office(s) ofthe addressee(s). [ 1 BYEXPRESS SERVICES OVERNITE: I caused true and correct copies of the above documents to be placed and sealed in envelope(s) addressed to the addressee(s) and I caused such envelope(s) to be delivered to EXPRESS SERVICES OVERNITE for overnight courierservice to the office (s) ofthe addre ssee(s). { 1] BYFACSIMILE: I caused a copy(ies) ofsuch document(s) to be transmitted via f acsimile machine. The fax numberofthe machine from which the document was transmitted was fax number: . The fax number(s) ofthe machine(s) to which the document(s) were transmitted are [isted above. The fax transmitted was reported as complete and without error. T caused the transmitting fac simile machineto print a transmission record of the transmission, a copy ofwhich is attached to this declaration . I declare underpenalty ofperjury underthe laws ofthe State of California that the foregoing is true and correct. Executed on June 20, 2016 , at Westlake Village, California. « f ’ me KIRAEDWARDS EXHIBIT “B” WILLIAM J. DOWNS* GREGG STRUMWASSER*+¥ ANDREW HONAKER###* DAVID A. LEEDS#* TAMI LEWIS*¥ BETTYLLANTIN##ER BETTY C. MACHEN MARC PITTINARQ#¥k WILLIAM A. SNAPP#** VERNON C. TUCKER*# MARK SOLOMON** GABRIEL TESE#ett #Licensedfit Flotida & Texas #*L{censed in Texas ##¥fcensedin California «&+¥Lfcensedin Ilinois #ER2Lfeensedin Florida, New York8NewJersey sex2##LjcensedinNew York &NewJersey September22, 2016 Tracy L. Breuer, Esq. DOWNS & ASSOCIATES ATTORNEYS AT LAW NOTA PARTNERSHIP EMPLOYEES OF FARMERS INSURANCE EXCHANGE, A MEMBER OFTHE FARMERS INSURANCE GROUP OF COMPANIES 4607 LAKEVIEW CANYON ROAD, SUITE 275 WESTLAKE VILLAGE, CA 91361 Telephone: (818) 540-4414 Facsimile: (818) 540-4445 SUPPORT STAFF: SALLY BASSETT CINDY CANCHOLA PEGGY CULLINAN STEVEDAVIDSON KIRA EDWARDS MELISSA GOODE KAREN KEANE THERESAMAADI MAGGIE RICO MICHELE ROSENBERG KATHLEENM. STEVENSON CATHERINEZIMRING SENT BY FAX (949) 259-2891 & BY MAIL McNeil Tropp & Braun, LLP 2 Park Plaza, Ste. 620 Irvine, CA. 92614 Re: Farmers Insurance Exchange v. Jevon Daniel, Jr. Oxnard County Superior Court Case No.: 30-2015-00820041-CL-PA-CJC Our File No.: 3000837110 Your Client: Jevon Daniel, Jr. Date ofLoss: June 12, 2014 Dear Ms. Breuer: Byproof of service dated June 20, 2016, our office sentto you, on behalf ofyour client, Jev on Daniel, Ji., Form Interrogatories, Set One, and Request for Production, Set One. However, to date, we have not received verified responses from yourclient to these documents. Ifwe do not receive verified responses, without objection, within 10 days from the date ofthis letter, we w ill have no alternative but tofile a motion to compel verified responses, which will necessarily include a request for sanctions. Thank you in advance for your anticipated cooperation. Sincerely, D S &ASSOCIATES Bei . Machen BCM/ce O O a N n n B W N = N O N N N N N N R em m m eo N X A R O N 2 2 3 8 » 3 a a R O D L 0 D 3 PROOF OF SERVICE (C.C.P. §§1013a, 2015.5 and FRCP 5) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES: I am a citizen ofthe United States, overthe age of eighteen years and not a party to the within entitled action. I am employed at DOWNS & ASSOCIATES, 31111 Agoura Road, Ste. 220, Westlake Village, California 91361. On 12 Ss / 17 , I served the attached described document: I NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS (SET ONE) PROPOUNDED TO DEFENDANT AND REQUEST FOR SANCTIONS; DECLARATION OF BETTY C. MACHEN; MEMORANDUM OF POINTS AND AUTHORITIES; [PROPOSED] ORDER on the interested party(ies) in said action, by placing a true copy thereof, enclosed in a sealed envelope, addressed as follows: Tracy L. Breuer, Esq. McNeil Tropp & Bruan, LLP 2 Park Plaza, Ste,620 Irvine, CA. 9 and seryéd the named document in the manner indicated below: [¥] BYMAIL: 1 caused true and correct copies of the above documents, by following ordinary business practices, to be placed and sealed in envelope(s) addressed to the addressee(s),at the offices ofDOWNS & ASSOCIATES, 31111 Agoura Road, Westlake Village, California 91361, for collection and mailing with the United States Postal Service, and in the ordinary course ofbusiness, correspondence placed for collection on a particular dayis deposited with the United States Postal Service that same day. I am aware that on motion ofthe party served, service is presumed invalid ifpostal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [1] BY EXPRESS SERVICES OVERNITE: 1 caused true and correct copies of the above documents to be placed and sealed in envelope(s) addressed to the addressee(s) and I caused such envelope(s) to be delivered to- EXPRESS SERVICES OVERNITE for overnight courierservice to the office (s) of the addressee(s). [1] BY FACSIMILE: I caused a copy(ies) of such document(s) to be transmitted via facsimile! machine. The fax number of the machine from which the document was transmitted was fax number: (818) 540- 4445, The fax number(s) ofthe machine(s) to which the document(s)were-transmitted are listed above. The fax transmitted was reported as complete and without error. Ica edthe transmitting facsitnile machine to print a transmission record of the transmission, a copy of which js"attached to this declaration, Yautothe offices ofte Pp ~ _ Cindy Canchola )
