Delani Taft vs. Henley Pacific, La, LLC

Motion to Compel ProductionInspection of Documents or Things

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

f t N N N N N N N N O N m m o m e m mm mm e m em e m e m C0 ~~ O N WL Bs W N = O O N nn RR W w e , OO OO 0 J A n n se W N ELECTRONICALLY FILED AEGIS LAW FIRM, P.C. Superior Court of California, Samuel A. Wong (State Bar No. 217104) County of Orange Kashif Haque (State Bar No. 218672) 10/20/2016 at 05:02:00 PW Jessica L. Campbell (State Bar No. 280626) . . . Clerk of the Superior Court 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 inclusive, REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE AND FOR Defendants. SANCTIONS [Served and filed concurrently with Memorandum of Points and Authorities, Separate Statement of Items in Dispute; Declaration of Jessica L. 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 RPD RESPONSES OO © ~~ AN Wn kA W N N N N ND N N N N = = m m es e s em e s e s E R B E V RE B D B R E E G G » 9 & & a B B 6 Bb = 2 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 CX1101 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 all of Plaintiff’s Requests for Production of Documents, Set One Nos. 3, 5, 7, 8, 10, 13 - 17, and 19 - 35. This motion is made pursuant to Code of Civil Procedure § 2031.310(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 to Code of Civil Procedure §§ 2023.010, 2023.030 and 2031.310(h) awarding Plaintiff monetary sanctions in the amount of $4,210.00 against Defendant and/or its counsel for lack of substantial justification for 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 other documents, arguments or evidence as may be presented at the hearing of the motion. Dated: October 20, 2016 AEGIS LAW FIRM, PC 7 id Jessica L. Campbell Attorneys for Plaintiff Delani Taft 2. NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RPD RESPONSES OO 0 3 ON wn A W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF SERVICE I, the undersigned, 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; am employed with Aegis Law Firm PC and my business address is 9811 Irvine Center Drive, Suite 100, Irvine, California 92618. On October 20, 2016, I served the foregoing document entitled: . NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES FROM HENLEY PACIFIC, LA, LLC TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE AND FOR SANCTIONS “on all the appearing and/or interested parties in this action by placing [] the original [X a true copy thereof enclosed in sealed envelope(s) addressed as follows: Koray J. Bulut April Sun GOODWIN PROCTOR LLP Three Embarcadero Center, 24% Floor San Francisco, CA 94111 Attorneys for Defendant. Henley Pacific, LA, LLC [] (BY MAIL) I am readily familiar with the firm’s practice of collection and processing correspondence 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 in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postage cancellation date or postage meter date is more than one day 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(¢).) [1] (BY OVERNIGHT MAIL) I am personally and readily familiar with the business practice of Aegis Law Firm PC for collection and processing correspondence for overnight delivery, and I caused such document(s) described herein to be deposited for delivery to a facility regularly maintained Federal Express for overnight delivery. (Cal Code Civ. Proc. § 1013(c); Fed. R. Civ. Proc. 5(c).) X (BY ELECTRONIC TRANSMISSION) I caused said document(s) to be served via electronic transmission to the addressee(s) listed above on the date below. (Cal. Code Civ. Proc. § 1010.6(6); Fed. R. Civ. Proc. 5(b)(2)(E); Fed. R. Civ. Proc. 5(b)(3).) ] (BY PERSONAL SERVICE) 1 delivered the foregoing document by hand delivery to the addressed named above. (Cal Code Civ. Proc. § 1011; Fed. R. Civ. Proc. S(b)(2)(A).) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 20, 2016, at Irvine, California. Kathfan Alvarez CERTIFICATE OF SERVICE