Beach Galleria, LLC vs. Chieh Teh Li

Motion to Compel Discovery

Cal. Super. - 4th Dist.November 25, 2015

M A D I S O N HA RB OR , AL C Fa x (9 49 ) 75 6- 90 60 17 70 2 Mi tc he ll No rt h, Ir vi ne , CA 92 61 4 Te l (9 49 ) 75 6- 80 50 === C N W N N ny Be W N P o r o MN BN br () MN ) b o [o . pt — — — a — —_ nt — oC ~1 Sn Wn a J MN — o 0 o o ~J jo ) tn + ww J pt All Parvaneh, SBN 218320 aparvaneh@madisonharbor.com ELECTRONICALLY FILED James S. Sifers, SBN 259105 Superior Court of California, jsifers@madisonharbor.com County of Orange Betty S. Shu, SBN 300812 12M 7/2015 at 02:21:00 Pi bshu@madisonharbor.com Cleric of the Superior Court MADISON HARBOR, ALC By Saundra Flores, Deputy Clerk 17702 Mitchell North | Irvine, California 92614 Telephone: 949-756-9050 Facsimile: 949-756-9060 Attorneys for Plaintiff Beach Galleria, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE - NORTH JUSTICE CENTER “ase No.: 30-2015-00822236-CL-UD-NIJC SSIGNED FOR ALL PURPOSES to: “omm. Glenn Mondo ept. N10 BEACH GALLERIA, LLC, a Limited Liability Company; Plaintiff, I i v. PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO EQUESTS FOR PRODUCTION OF ] OCUMENTS, SET ONE, PROPOUNDED CHIEH TEH L1 DBA LAI LAI CHINA BISTRO. ON DEFENDANT BRIAN BOO AND all other occupants; and DOES 1 through 10 EQUEST FOR MONETARY SANCTIONS clsive. N THE AMOUNT OF $569.95; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF Defendants. BETTY S. SHU Hearing: Date: December 24, 2015 Time: 1:30 p.m. Dept: N10 Action Filed: November 25, 2015 Trial Date: December 28, 2015 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on December 24, 2015, at 1:30 p.m. or as soon thereafter as the matter can be heard in Department N10 of this Court. located at 1275 N. Berkeley Avenue. Fullerton, PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, PROPOUNDED ON DEFENDANT BRIAN BOO, AND REQUEST FOR MONETARY SANCTIONS -1- M A D I S O N H A R B O R , A L C Fa x (9 49 ) 75 6- 90 80 17 70 2 Mi tc he ll No rt h, ir vi ne , CA 92 61 4 Te f (9 48 ) 75 6- 90 50 =»» S N D 0 ~~ N y Bs WwW RN P l D D O R B ) DN BR I D N R D D me m r m es se m ee t e h pe d se s et be e 0 3 O N Es W N e s O L S Y ne ls W N ) es California 92838, Plaintiff Beach Galleria, LLC (“Plaintiff”) will and hereby moves the Court pursuant to Cal. Code Civ. Proc. § 2031.300 for an Order compelling Defendant Brian Boo (“Defendant™) to respond without objection to Plaintiff’s Requests for Production of Documents, Set One (“Requests”), propounded on Defendant (“Motion”). Further, Plaintiff will move this Court pursuant to Cal. Code Civ. Proc. §§ 2023.010 ef seq., including 2023.030; and 2031.300(c), for an Order directing Defendant to pay monetary sanctions in the amount of $569.95. The Motion will be made on the grounds that Plaintiff properly served Defendant with written discovery, including the aforementioned Requests, and that Defendant has failed to respond to written discovery. As a result of Defendant’s willful disobedience, Plaintiff's efforts to conduct discovery in this action have been purposely hindered. The Motion will be based on this Notice of Motion, on the Declaration of Betty S. Shu and the exhibits attached thereto, the Memorandum of Points and Authorities served and filed herewith, on the records and file herein, and on such other argument and evidence the Court may wish to hear or consider. Respectfully submitted this 17" day of December. 2013. by: MADISON HARBOR. ALC Betty S. Shu, TT Attorney for Plaintiff Beach Galleria, LLC PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, PROPOUNDED ON DEFENDANT BRIAN BOO, AND REQUEST FOR MONETARY SANCTIONS 3 S e a nn Bb W N = Fa x (9 49 ) 75 6- 90 60 w o s L R [o x M A D I S O N H A R B O R , A L C 17 70 2 Mi tc he ll No rt h, Ir vi ne , C A 9 2 6 1 4 Te l (9 49 ) 7 5 6 - 9 0 5 0 == = J — S — — SS NO 0 ~J b o to bh to 2 No tJ ~ J DN hn EE N [ 8 b o pt No 0 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION Defendant has, without any justification, failed and refused to respond to Plaintiff’s written discovery hindering Plaintiff’s ability to prepare for trial, and thus necessitating this instant Motion. 11. FACTS OF THIS ACTION This is a simple unlawful detainer action wherein Defendant Chieh Teh Li dba Lai Lai Bistro, entered into a sublease agreement on or about November 6, 2012 (“Sublease Agreement”), with Plaintiff] for the sublease of commercial real property located at 5307 Beach Boulevard, Suite 120, Buena Park, California 90621 (“Premises™), but has now failed and refused to pay the agreed upon rent amount of $6,000.00 per month on the first day of each month. Defendant is a sublessee of the Premises, responsible to Plaintiff for the payment of rent. On or about November 19, 2015, Defendant was served with a three-day notice to pay rent or quit (“Notice™). As of the date of the service of the Notice, Defendant owed Plaintiff past due rent in the amount of $14,993.46. On or about November 22, 2015, Defendant failed to comply with the Notice. On or about November 25, 2015, Plaintiff filed a Complaint for Unlawful Detainer against Defendant. On or about December 8, 2015, Plaintiff"s counsel | received notice from the Court that Defendant filed a Pre-judgment Claim of Right of Possession in this action. (Declaration of Betty S. Shu [“Shu Decl.”]. € 2; Exhibit “1.") Based on information and belief. Defendant is still in possession of the Premises and has failed and refused to pay Plaintiff past rent due. As a result of Defendant's breach of the Sublease Agreement, Plaintiff has been damaged in the amount of at least $14,993.46, for past due rent payments. This amount, however, does not include, to date, attorneys’ fees, court costs, or interest. As of the date of this Motion, despite Plaintiff's requests, Defendant has failed and refuses to perform his obligations under the Sublease Agreement and now stands to hinder Plaintiff”s efforts to seek relief. III. RELEVANT FACTS The following is a chronology of the events leading up to the filing of this Motion: EVENT CORRESPONDING EVIDENCE PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, PROPOUNDED ON DEFENDANT BRIAN BOO, AND REQUEST FOR MONETARY SANCTIONS Y -3- M A D I S O N H A R B O R , A L C Fa x (9 49 ) 75 6- 90 60 1 7 7 0 2 Mi tc he ll No rt h, ir vi ne , C A 9 2 6 1 4 Te t (9 49 ) 75 6- 90 50 «= S — J S O N D 0 N N A W b o [3 ] to 2 No b a a 2 [3 ] — ny — rt p— — — — bre t o0 ~J [= Wn EE N 3 t o — fe w) NO =] ~J nN Un $e |P S] [3 ] ik On or around December 8, 2015, Plaintiff propounded e Shu Decl., § 3. and served by overnight mail Requests for Production of | e Plaintiff’s Requests for Production of Documents, Set One, on Defendant (“Requests”). The Documents, Set One, propounded on Requests were based on the allegations in the Complaint | Defendant. (Exhibit “2.”) and Defendant’s Answer to the Complaint. Defendant’s responses to Plaintiff's Requests were due | ® Shu Decl., § 4. to be served on Plaintiff by December 15, 2015. Defendant failed to respond to the Requests by December 15, 2015. As of the date of this Motion, Defendant has completely | Shu Decl., § 5. failed to respond to the Requests. Defendants failure to provide discovery responses e Shu Decl. € 6. prejudices Plaintiff's ability to properly prepare its case against Defendant. To date, Defendant has not provided any responses, nor has he communicated to Plaintiff that he would provide responses. Accordingly, Plaintiffs respectfully request an order compelling Defendant to respond to Plaintiff's Requests, without objection, pursuant to Cal. Code Civ. Proc. § 2031.300(a). and further order monetary sanctions against Defendant. pursuant to Cal. Code Civ. Proc. § 2031.300(c) for the willful failure to timely respond. 1V. LEGAL ARGUMENT A. DEFENDANT SHOULD BE REQUIRED TO PROVIDE RESPONSES TO PLAINTIFF’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE Defendant has failed to provide any responses to Plaintiff's Request, and has not indicated to Plaintiff that Defendant will comply with Plaintiff’s Requests. Accordingly, Plaintiff was forced to file this Motion. Under Cal. Code Civ. Proc. § 2031.260(b), a responding party in an unlawful detainer action has five days from the date of service of the demand to respond to the requests for production of PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, PROPOUNDED ON DEFENDANT BRIAN BOO, AND REQUEST FOR MONETARY SANCTIONS 4 M A D I S O N H A R B O R , A L C 1 7 7 0 2 Mi tc he l No rt h, Ir vi ne , C A 9 2 6 1 4 Fa x {8 49 } 75 6- 90 60 Te t (9 49 ) 75 6- 90 50 += SO L e ~~ N y B W b Y hI P o a ro No ro No bo bh pd pt = St fro m oo n bu t — — — o C ~J on wn += La d ra — = Oo o0 ~1 oN t h de tw to — | Defendant intends on complying with Plaintift’s Requests. All of the information sought in Plaintiffs documents. (Cal. Code Civ. Proc. § 2031.260(b).) Cal. Code Civ. Proc. § 2031.300(b) states that, “[i]f 4 party to whom a demand for inspection, copying, testing, or sampling is directed fails to serve a timely response... [t]he party making the demand may move for an order compelling response to the demand.” Defendant failed to respond to Plaintiff’s Requests and has not communicated to Plaintiff that requests are crucial in Plaintiff's continued efforts to investigate and assess the claims and defenses involved in this case. Since Defendant did not provide any responses whatsoever, Plaintiff respectfully requests that the Court order Defendant to provide responses to Plaintiff’s Requests. B. PLAINTIFF REQUESTS THAT THIS COURT AWARD PLAINTIFF COSTS AND REASONABLE FEES INCURRED FOR HAVING TO BRING THIS MOTION AGAINST DEFENDANT FOR HIS FAILURE TO RESPOND TO WRITTEN DISCOVERY One of the enumerated misuses of the discovery process set forth in Cal. Code Civ. Proc. § 2023.010 is. “[flailing to respond or to submit to an authorized method of discovery.” (Cal. Code Civ. Proc. § 2023.010(d).) When a party misuses the discovery process, a court may impose monetary sanctions against that party for the “payment of reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct.” (Cal. Code Civ. Proc. §2023.030(a).) Furthermore, “if a monetary sanction is authorized by any provision of this title, the court shall impose a monetary sanction unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” (/d., emphasis added.) As stated above, Defendant has completely failed to respond to Plaintiff's Requests, leaving Plaintiff with no choice but to file this Motion. Defendant's actions in regard to his failure to serve timely responses to Plaintiff’s Requests justify the imposition of monetary sanctions. In addition, Defendant has failed to provide any justification, or any reason whatsoever, as to why he has not provided responses. Further, Defendant will be unable to show how this behavior and refusal rises to the level of “substantial justification.” (Cal. Code Civ. Proc. §2023.030(a).) Defendant obviously has no intention to respond to the discovery and is stonewalling to prejudice Plaintiff's case and Plaintiff’s PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, PROPOUNDED ON DEFENDANT BRIAN BOO, AND REQUEST FOR MONETARY SANCTIONS 5. M A D I S O N H A R B O R , A L C Fa x (9 49 ) 75 6- 90 60 1 7 7 0 2 Mi tc he ll No rt h, ir vi ne , C A 9 2 6 1 4 Te l (9 49 ) 75 6- 90 50 =» ee t < N D oo ~ 3 > wh + = Ww No B o B Y BY DD mm mm mm em e a pd e a ed ek ee WwW N = O N D O N ih B W B Y ee 24 ability to prepare for trial. Accordingly, Plaintiff respectfully requests that the Court award Plaintiff costs and reasonable attorneys’ fees for having to bring this Motion. Plaintiff's counsel has spent a total of approximately one (1) hour in conducting research, drafting this Motion and the attached declaration, and it is anticipated that an additional one (1) hour will be spent appearing for a hearing on this matter by Plaintiff’s counsel. Plaintiff is cognizant of the other discovery motions set to be heard at the same time and has apportioned the sanctions request accordingly. (Shu Decl.. § 7.) Plaintiff's counsels standard hourly billing rate is $250.00 per hour. (Shu| Decl.. § 7.) The filing fee for this motion is $69.95. (Shu Decl., § 7.) The total fees and costs for bringing this Motion amounts to $569.95. (Shu Decl., 4 7.) V. CONCLUSION Based on the foregoing, Plaintiff respectfully request that this Court grant this Motion to Compel Further Responses to Plaintiff's Requests for Production of Documents, Set One, from Defendant pursuant to Cal. Code Civ. Proc. §§ 2023.010 et. seq., including 2023.030, and 2031.010 er. seq.. including 2031.300. and for Defendant to pay monetary sanctions to Plaintiff in the amount of $569.95. Respectfully submitted this 17" day of December, 2015, by: MADISON HARBOR, ALC inf Betty S. Sku, \ Attorney for Plaintiff Beach Galleria, LLC PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, PROPOUNDED ON DEFENDANT BRIAN BOO, AND REQUEST FOR MONETARY SANCTIONS -6- M A D I S O N H A R B O R , A L C 17 70 2 Mi tc he ll No rt h, Ir vi ne , CA 92 61 4 Fa x (9 49 ) 75 6- 90 60 Te l (3 49 ) 75 6- 80 50 ==» S N e ee a Y n B W BR N O N N R O N N MN R m e m e m em a ee e b ee ed ee d pe oC ~~ O N Wn BR W N ee O 0 0 Y n BR W N DECLARATION OF BETTY S. SHU I, Betty S. Shu, hereby declare as follows: I. I am an attorney duly licensed to practice law in the State of California. This law firm Madison Harbor, ALC, and I represent Plaintiff. | have personal knowledge as to the matters declared herein and can competently testify thereto if called upon to do so. Iam an associate attorney for Madison Harbor, ALC. On or about December 8, 2015, I received notice from the Court that Defendant filed a Pre- judgment Claim of Right of Possession in this action. Attached hereto as Exhibit “1” is a true and correct copy of the Court’s Notice of Filing of Pre-Judgment Claim of Right of Possession | received. On or about December 8, 20135, I propounded and caused to be served by overnight mail to Defendant, Plaintiff’s Requests for Production of Documents, Set One. These Requests | propounded were based on the allegations in the Complaint and Defendant’s Answer to the Complaint. Based on my review of the file, Defendant's responses to Plaintiffs Requests were due to be served on Plaintiff by December 15, 2015. Attached hereto as Exhibit “27 is a true and correct copy of Plaintiff's Requests for Production of Documents, Set One, which | propounded on Defendant. Based on my review of the file and the incoming mail, I believe Defendant failed to respond to Plaintiff's Requests for Production of Documents, Set One, by December 15, 2015, because | did not receive in the mail or by any other method, Defendant’s responses. Additionally, Defendant has not tried to contact my office regarding his discovery responses. As of the date of this Motion, Defendant has completely failed to respond to Plaintiff's Requests. I believe Defendants failure to provide discovery responses prejudices Plaintiff’s ability to properly prepare its case against Defendant. I have spent one hour in conducting research, drafting this Motion and Declaration. [ anticipate that an additional one hour will be spent for appearing at this Motion hearing. I am cognizant of the other discovery motions set to be heard at the same time and have apportioned Plaintiff’s sanctions request accordingly. 1 bill at an hourly basis of $250.00 per hour. The filing fee for PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, PROPOUNDED ON DEFENDANT BRIAN BOO, AND REQUEST FOR MONETARY SANCTIONS A M A D I S O N HA RB OR , AL C Fa x (9 49 ) 75 6- 30 60 17 70 2 Mi tc he ll No rt h, Ir vi ne , CA 92 61 4 Te l (9 49 ) 75 6- 90 50 +» = a BR ) MN Do B N R Y RN Y R Y D D em e m em ee em me me d ee ed ed c e ~~ O N Ww a W N = O e O y e B W b Y ee this Motion is $69.95. The anticipated total reasonable attorneys” fees and costs for bringing this Motion amounts to $569.95. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed at Irvine, California. Respectfully submitted this 17" day of December, 2015, by: Betty S. Shu PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, PROPOUNDED ON DEFENDANT BRIAN BOO, AND REQUEST FOR MONETARY SANCTIONS -8- EXHIBIT “1” SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE STREET ADDRESS: 1275 N. Berkeley Ave MAILING ADDRESS: 1275 N. Berkeley Ave CITY AND ZIP CODE: Fullerton CA 92838 BRANCH NAME: North Justice Center PLAINTIFF. Beach Galleria, LLC DEFENDANT : Brain Boo et. al. SHORT TITLE: Beach Galleria, LLC vs. Li NOTICE OF FILING OF PRE-JUDGMENT CLAIM OF RIGHT OF POSSESSION CASE NUMBER: 30-2015-00822236-CL.-UD-NJC To Plaintiff: You are hereby notified that a Pre-judgment Claim of Right of Possession has been filed by: Brain Boo on 12/07/2015 and the claimant has been added as a defendant in this action. NGTICE OF FILING OF PRE-JUDGMENT CLAIM Page: 1 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE North Justice Center 1275 N. Berkeley Ave Fullerton CA 92838 SHORT TITLE: Beach Galleria, LLC vs. Li CASE NUMBER: CLERK'S CERTIFICATE OF SERVICE BY MAIL PT | certify that | am not a party to this cause. { certify that a true copy of Notice of Filing Pre-Judgment Claim of Right of Possession was mailed following standard court practices in a sealed envelope with postage fully prepaid, addressed as indicated below. The mailing and this certification occurred at Eullerton, California, on 12/08/2015. Clerk of the Court, by: =< loro , Deputy MADISON HARBOR ALC 17702 MITCHELL NORTH IRVINE, CA 92614 CLERK'S CERTIFICATE OF SERVICE BY MAIL Page 2 V3 1012a {June 2004) Code of Civil Procedure , § CCP1013(a)} EXHIBIT *2” WwW 0 N d O h W N Fa x (9 49 ) 7 5 6 - 9 0 6 0 po e ai s — a — - —h > on Sn wr nN de oOo M A D I S O N H A R B O R A L C 17 70 2 Mi tc he ll N o r t h ir vi ne C A 9 2 6 1 4 Te l (9 49 ) 7 5 6 - 9 0 5 0 «= = N N N N N N ND N N es oo ~N B O bh W N . O W o N Ali Parvaneh, SBN 218320 aparvaneh(@madisonharbor.com James S. Sifers, SBN 259105 jsifersc@madisonharbor.com Betty S. Shu, SBN 300812 bshu@madisonharbor.com MADISON HARBOR, ALC 17702 Mitchell North | Irvine, California 92614 Tel: (949) 756-9050 Fax: (949) 756-9060 Attorneys for Plaintiff Beach Galleria. LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE - NORTH JUSTICE CENTER BEACH GALLERIA. LLC, a Limited Liability Case No.: 30-2015-00822236-CL-UD-NJC Company: on . ASSIGNED FOR ALL PURPOSES: Plaintiff Loi. LL Dept. Vv, PLAINTIFF BEACH GALLERIA, LLC'S REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, PROPOUNDED ON CHIEH TEH L1 DBA LAI LAI CHINA DEFENDANT BRIAN BOO BISTRO. all other occupants: and DOES 1 through 10 inclusive. Action Filed: November 235. 2015 Trial Date: None Set. Defendants. PROPOUNDING PARTY: Plaintiff Beach Galleria. LLC RESPONDING PARTY: Defendant Brian Boo SET NUMBER: One Pursuant to Cal. Code Civ. Proc. § 2031.010 et seq., Plaintiff Beach Galleria. LLC, hereby requests that Defendant Brian Boo, identify and produce for inspection and copying the following documents and things pursuant to this request for production. Said inspection and copying will take place at 10:00 a.m. on December 18. 20135. at 17702 Mitchell North, Irvine, California. Alternatively. PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, PROPCUNDED ON DEFENDANT BRIAN BOO 4. M A D I S O N H A R B O R A L C Fa x {8 49 ) 7 5 6 - 9 0 6 0 17 70 2 Mi tc he ll No rt h Ir vi ne CA 92 61 4 Te l ( 9 4 9 ) 1 7 5 6 - 8 0 5 0 +» delivery of verified copies of the requested documents and things may be made in lieu of personal appearance on or before the specified date at the specified address. iP] D. G. DEFINITIONS All references to “YOU” or “YOUR” will refer to Defendant Brian Boo, his employees. agents. branches, divisions, representatives, predecessors, successors, investigators, attorneys. partners, joint venturers, and anyone else acting on his behalf. All references to “PLAINTIFF” will refer to. Plaintiff Beach Galleria, LLC. its employees. agents, branches, divisions. representatives, predecessors. successors. investigators, attorneys. partners, joint venturers, and anyone else acting on its behalf. The term “PROPERTY™ as used herein shall refer to real property commonly known as 5307 Beach Boulevard. Suite 120, Buena Park. California 90621. The terms “DOCUMENT” or "DOCUMENTATION" means a writing, as defined in Cal. Evidence Code § 250. and includes the original or a copy of handwriting. typewriting. printing. photocopying. photographing and every other means of recording upon any tangible thing and form of communicating as representation. including. but not limited to. letters. words. pictures. sounds. symbols. or any combination thereof. including. but not limited to. files. books. correspondence, letters. memoranda. telegrams. papers. notes. records. drafts, evaluations. entries. calendars. reports. appointment records. diaries, studies. financial records. whether the original, or any carbon or photographic or other copy. reproduction or facsimile thereof. As used herein, the singular and masculine genders shall also mean the plural and feminine or neuter, as may be appropriate. The term "PERSON" shall mean any individual, partnership. joint venture. firm, association] corporation, business, government or legal entity. The terms "IDENTIFY" or “IDENTIFIED” when used in reference to a document means that the answer is to include, without limitation. the title. date of preparation, description, the writer. any] recipient(s). and any person who presently has custody. care, control. or possession of thd document or is known to you to have had custody, care, control. or possession of the document at PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, PROPOUNDED ON DEFENDANT BRIAN BOO 22. o t © WOW oC N O ; d w N M A D I S O N H A R B O R AL C Fa x {9 49 ) 75 6- 90 60 17 70 2 Mi tc he ll No rt h. ir vi ne CA 92 61 4 Te l (9 4% ) 7 5 6 - 6 0 5 0 =~ any time. H. The term "COMMUNICATION" means all forms of information exchange. whether written, oral, by telephone, by cable, by facsimile, by computer, or any other means of transmission. NOTICES 1. This Propounding Party may move to exclude the introduction of any and all document(s) into evidence. which was in your possession, was not privileged, was called for by this Request for Production of Documents, and was not produced. 9 If any of the documents requested in this Request for Production of Documents has been produced in your response to any other discovery propounded by this party. identify when and how such documents were produced. REQUEST FOR PRODUCTION REQUEST NUMBER 1: All DOCUMENTS IDENTIFIED by YOU in YOUR response to Interrogatory Number 70.11 of PLAINTIFF'S Form Interrogatories. Set Number One. served concurrently herewith. REQUEST NUMBER 2: All DOCUMENTS IDENTIFIED by YOU in YOUR response to Interrogatory Number 71.3 of PLAINTIFF'S Form Interrogatories, Set Number One. served concurrently herewith. REQUEST NUMBER 3: All DOCUMENTS IDENTIFIED by YOU in YOUR response to Interrogatory Number 72.3 of PLAINTIFF'S Form Interrogatories, Set Number One, served concurrently herewith. REQUEST NUMBER 4: All DOCUMENTS IDENTIFIED by YOU in YOUR response to Interrogatory Number 75.2 of PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE. PROPOUNDED ON DEFENDANT BRIAN BOG Be M A D I S O N H A R B O R A L C 17 70 2 Mi tc he lt No rt h ir vi ne CA 92 61 4 Fa x (9 49 ) 75 6- 50 60 Te t ( $ 4 9 ) 7 5 6 - Q 0 8 0 «= » © 0 ~N O O ; bh W N BN O N Y N N N N N N N O N m e s em a ae s m a e m we d ek w d eh 0 ~N O O O r Hh W O N O C 0 N O O R W O N o e OO PLAINTIFF'S Form Interrogatories. Set Number One, served concurrently herewith. REQUEST NUMBER §: All DOCUMENTS IDENTIFIED by YOU in YOUR response to Interrogatory Number 75.3 of PLAINTIFF'S Form Interrogatories. Set Number One. served concurrently herewith. REQUEST NUMBER 6: All DOCUMENTS IDENTIFIED by YOU in YOUR response to Interrogatory Number 80.2 of PLAINTIFF'S Form Interrogatories. Set Number One. served concurrently herewith. REQUEST NUMBER 7: All DOCUMENTS IDENTIFIED by YOU in YOUR response to Interrogatory Number 10 of PLAINTIFF'S Special Interrogatories. Set Number One. served concurrently herewith. REQUEST NUMBER 8: AI COMMUNICATIONS between YOU and PLAINTIFF regarding the lease of the PROPERTY. REQUEST NUMBER 9: All DOCUMENTS that evidence any repairs YOU made to the PROPERTY. REQUEST NUMBER 10: All DOCUMENTS that evidence any agreements YOU entered into with any PERSON relating to the lease of the PROPERTY. REQUEST NUMBER 11: All DOCUMENTS that YOU intend on introducing at trial in this action. " PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS. SET ONE, PROPOUNDED ON DEFENDANT BRIAN | BOC 4- M A D I S O N H A R B O R AL C 1 7 7 0 2 Mi ch el l No rt h. Ir vi ne C A 9 2 6 1 4 Fa x (9 49 ) 75 6- 90 60 Te t ( 8 4 8 1 7 5 6 . 9 0 5 0 +» W o N O A W N N O R D DN N N N N N N DN em ea ne e a ms a ee =. o d Ww N h s W N , O O N O s , W N a OO Dated this 8" day of December. 2015, by: MADISON HARBOR. ALC nt Betly S8hy ~Y Attorneys for Plaintiff PLAINTIFF'S REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, PROPOUNDED ON DEFENDANT BRIAN BOO -5. w o PROOF OF SERVICE STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action, my business address is 17702 Mitchell North, Irvine, California, 92614. On December 8, 2015, I served the foregoing documents: PLAINTIFF BEACH GALLERIA, LLC’S REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, PROPOUNDED ON DEFENDANT BRIAN BOO on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: SEE ATTACHED SERVICE LIST [] I am readily familiar with the firm's practice of collecting and processing of documents and correspondence for mailing with the United States Postal Service. Under that practice, on the above date, the envelope was sealed and placed for collection and mailing following the ordinary business practices of our office. This results in the envelope being delivered to the United State Postal Service that same day, with postage thereon fully prepaid. 1 caused such envelope to be delivered by hand to the office of addressee. Executed at LCA. I sent the attached documents via facsimile to addressees’ office at By delivering such documents to an overnight mail service or an authorized courier in an envelope or package designated by the express service courier addressed to the person(s) on whom 1t is to be served I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on December 8, 2015, at Irvine, California, (fn nar ) Crystal Amaro [4 >a ATTACHED SERVICE LIST Chieh Teh Li dba Lai Lai China Bistro 5307 Beach Blvd. Suite 120 Buena Park, CA 90621 Andrew Cho 5307 Beach Blvd., Suite 120 Buena Park, CA 90621 Brian Boo 5307 Beach Blvd., Suite 120 Buena Park, CA 90621 Jung Jik Lee 5307 Beach Blvd., Suite 120 Buena Park, CA 90621 26 IR PROOF OF SERVICE STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action, my business address is 17702 Mitchell North, Irvine, California, 92614. On December 17, 2015, 1 served the foregoing documents: PLAINTIFF’S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, PROPOUNDED ON DEFENDANT BRIAN BOO AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $569.95; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF BETTY S. SHU on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: SEE ATTACHED SERVICE LIST [] I am readily famihar with the firm’s practice of collecting and processing of documents and correspondence for mailing with the United States Postal Service. Under that practice, on the above date, the envelope was sealed and placed for collection and mailing following the ordinary business practices of our office. This results in the envelope being delivered to the United State Postal Service that same day, with postage thereon fully prepaid. [1] I caused such envelope to be delivered by hand to the office of addressee. Executed at_ , CA. [1] I sent the attached documents via facsimile to addressees’ office at [X] By delivering such documents to an overnight mail service or an authorized courier in an envelope or package designated by the express service courier addressed to the person(s) on whom it is to be served [X] [declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on December 17, 2015, at Irvine, California. A L d Andrew Cho 5307 Beach Blvd., Suite 120 Buena Park, CA 90621 Brian Boo 5307 Beach Blvd., Suite 120 Buena Park, CA 90621 Jung Jik Lee 5307 Beach Blvd., Suite 120 Buena Park, CA 90621 ATTACHED SERVICE LIST