Delani Taft vs. Henley Pacific, La, LLC

Motion to Compel Answers to Interrogatories

Cal. Super. - 4th Dist.March 18, 2016

© © NN SN Un BA W O N oe B N N N N N N N N N m m e m e b e m m d e e pe a o x ~ D N w n B a W o N o - o \ O o o ~ J a N w n HE N W I \ ] - o AEGIS LAW FIRM, P.C. Samuel A. Wong (State Bar No. 217104) KashifHaque (State Bar No. 218672) Jessica L. Campbell (State Bar No. 280626) 9811 Irvine Center Drive, Suite 100 Irvine, California 92618 Telephone: 949-379-6250 Facsimile: 949-379-6251 Attorneys for Delani Taft SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE DELANI TAFT, individually and on Case No. 30-2016-00841641-CU-OE-CXC behalf of all other aggrieved employees, Assigned for all Purposes to: Plaintiff, Hon. Gail A. Andler Dept. CX101 Vs. NOTICE OF MOTION AND MOTION TO HENLEY PACIFIC, LA, LLC,a COMPEL FURTHER RESPONSES FROM corporation, and DOES 1 through 10, HENLEY PACIFIC, LA, LLC TO SPECIAL inclusive, INTERROGATORIES, SET ONE AND FOR SANCTIONS Defendants. [Served and filed concurrently with Memorandum of Points and Authorities, Separate Statement of Items in Dispute; Declaration of Jessica LL. Campbell; and [Proposed] Order] Time: 1:30 p.m. Date: November 14, 2016 Dept.: CX101 Action Filed: March 18, 2016 Trial Date: None Set -1- NOTICE OF MOTION AND MOTION TO COMPEL FURTHER INTERROGATORY RESPONSES D o o e N a N h n A 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that at 1:30 p.m. on November 14, 2016, or as soon thereafter as the matter can be heard, in Department CX101 of the above-entitled Court, located at 751 W. Santa Ana Blvd., Santa Ana, CA 92701, Plaintiff Delani Taft (“Plaintiff”) will, and hereby does, move the Court for an order requiring Defendant Henley Pacific, LA, LLC (“Defendant”) to provide further responses to Plaintiff's Special Interrogatories, Set One Nos. 1, 4 -7 and 9 - 16. This motion is made pursuant to Code of Civil Procedure § 2030.300(a). The motion is made on the grounds that the information requested is relevant and necessary to Plaintiff's claims and Defendant’s responses are inadequate and rely on inapplicable and improper objections. The motion is further made on the grounds that the information requested is vital to Plaintiff’s PAGA claims and that Defendant’s failure and refusal to provide complete responses is highly prejudicial to Plaintiff. Plaintiff therefore requests that this Court order Defendant to provide complete, verified responses. PLEASE TAKE FURTHER NOTICE that Plaintiff will, and hereby does, move the Court for an order pursuant Code of Civil Procedure §§ 2023.010, 2023.030 and 2031.310(h) awarding Plaintiff sanctions in the amount of $2,135.00 against Defendant and/or its counsel for lack of substantial justification as to its failure to meet and confer regarding Defendant’s responses. This motion is based on this Notice of Motion and Motion, Memorandum of Points and Authorities, Declaration of Jessica L. Campbell, all exhibits attached thereto, the Separate Statement in support of this Motion, and on other documents, arguments or evidence as may be presented at the hearing ofthe motion. Dated: October 20, 2016 AEGIS LAW FIRM, PC By LD fn Jessica L. Campbell Attorneys for Plaintiff Delani Taft 2- NOTICE OF MOTION AND MOTION TO COMPEL FURTHER INTERROGATORY RESPONSES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O 0 0 N N w m R A W w W CERTIFICATE OF SERVICE I, the undersigned, am employed in the County of Orange, State of California. I am overthe age of 18 and not a party to the within action; am employed with Aegis Law Firm PC andmy business address is 9811 Irvine Center Drive, Suite 100, Irvine, California 9261 8. On October 20, 2016, I served the foregoing document entitled: . NOTICE OF MOTION AND MOTION TO COMPEL FURTHERRESPONSES FROM HENLEY PACIFIC, LA, LLC TO SPECIALINTERROGATORIES, SET ONE AND FOR SANCTIONS on all the appearing and/orinterested parties in this action by placing [_] the original [X] atrue copy thereof enclosed in sealed envelope(s) addressed as follows: Koray J. Bulut April Sun GOODWINPROCTOR LLP Three Embarcadero Center, 24% Floor San Francisco, CA 94111 Attorneysfor Defendant: Henley Pacific, LA, LLC [] (BY MAIL) I am readily familiar with the firm's practice of collection and processingcorrespondence for mailing. Under that practice it would be deposited with the U.S.Postal Service on that same day with postage thereon fully prepaid at Irvine, California is presumed invalid if postage cancellation date or postage meter date is more than oneday after date of deposit for mailing this affidavit. (Cal Code Civ. Proc. § 1013(a); Fed.R. Civ. Proc. 5(a); Fed. R. Civ. Proc. 5(c).) [] (BY OVERNIGHT MAIL) I am personally and readily familiar with the businesspractice of Aegis Law Firm PC for collection and processing correspondence forovernight delivery, and I causedsuch document(s) described herein to be deposited fordelivery to a facility regularly maintained Federal Express for overnight delivery. (CalCode Civ. Proc. § 1013(c); Fed. R. Civ. Proc. 5(c).) x (BY ELECTRONIC TRANSMISSION) I caused said document(s) to be served viaelectronic transmission to the addressee(s) listed above on the date below. (Cal. CodeCiv. Proc. § 1010.6(6); Fed. R. Civ. Proc. S(b)}2)(E); Fed. R. Civ. Proc. 5(b)(3).) [] (BY PERSONAL SERVICE) 1 delivered the foregoing document by hand delivery tothe addressed named above. (Cal Code Civ. Proc. § 1011; Fed R. Civ Proc.3(b)(2)(A).) I declare under penalty of perjury under the laws of the State of California that theforegoing is true and correct. Executed on October 20, 2016, at Irvine, California. TAT TC KathyanAfvarez CERTIFICATE OF SERVICE