Marissa Nicole Pacheco vs. South County Concepts, Inc.

Motion to Compel ProductionInspection of Documents or Things

Cal. Super. - 4th Dist.September 26, 2016

10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBERT S. ACKLEY SBN: 192393 LAW OFFICES OF McCARTHY & BEAVERS 4685 MacArthur Court, Suite 200 Newport Beach, CA 92660 Telephone: (949) 553-1359 Facsimile: (855) 880-5646 Attorneys for Defendant ELECTRONICALLY FILED Superior Court of California, County of Orange 06/02/2017 at 11:47:00 AW Clerk of the Superior Court By Enrique “weloz, Deputy Clerk SOUTH COUNTY CONCEPTS, INC. dba TAPS FISH HOUSE & BREWERY SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE MARISSA NICOLE PACHECO aka MARISSA NICOLE DOMINQUEZ, Plaintiff, VS. SOUTH COUNTY CONCEPTS, INC. dba TAPS FISH HOUSE & BREWERY; DOES 1 through 10, and ROES "A" through "P" ENTITIES, INCLUSIVE, Defendants. Ne t” N e t ” Se at ” S a t ? a t ? Na se S e e N a e a a a t a ? a ea “ a e “ a e ” “ a s ” “ a e ” “u nr e” Case No: 30-2016-00877170 Assigned For All Purposes To Hon. Geoffrey T. Glass Dept: C32 NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS SET ONE; REQUEST FOR MONETARY SANCTIONS AGAINST PLAINTIFF MARISSA NICOLE PACHECO DATE: July 17, 2017 TIME: 1:30 P.M. DEPT: C32 Complaint filed on 9/26/2016 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on July 17, 2017, at 1:30 p.m., or as soon thereafter as the matter may be heard, in Dept. C32 of the above-entitled court, Defendant, SOUTH COUNTY CONCEPTS, INC., will move this Court for an order compelling Plaintiff MARISSA NICOLE PACHECO, to provide responses, without objections, to Request for Production of Documents, set one propounded by moving defendant. Motion to Compel Responses to Request for Production of Documents 16-024182 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant brings this Motion because Request for Production of Documents, set one, propounded upon plaintiff seek information relevant to the subject matter of this action, and plaintiff has not provided any responses and has not responded to defendant's attempt to meet and confer. PLEASE TAKE FURTHER NOTICE that defendant seeks monetary sanctions against Plaintiff, MARISSA NICOLE PACHECO, pursuant to Code of Civil Procedure §§ 2031.300 and 2023.010, et seq., for her misuse of the discovery process, in the amount of $225.00. This Motion will be based upon the attached Memorandum of Points and Authorities, upon the exhibits attached hereto, upon the Declaration of Robert S. Ackley ("Ackley Decl.”), attached hereto and incorporated herein by this reference, upon all the pleadings, records, and files herein, and upon such other oral and documentary evidence as may be presented at the time of the hearing of this Motion. DATED: May 24, 2017 LAW OFFICES OF McCARTHY & BEAVERS y (2 = ROBERT S. ACKEEY, ESQ. Attorneys for Defendant SOUTH COUNTY CONCEPTS, INC. 2 Motion to Compel Responses to Request for Production of Documents 16-024182 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES lL INTRODUCTION Defendant SOUTH COUNTY CONCEPTS, INC., propounded Request for Production of Documents, set one, in order to properly evaluate and defend its interests in this case. However, plaintiff has completely failed to respond thus making the instant motion necessary. Since plaintiff has failed to provide any responses to said discovery to date despite meet and confer efforts, defendant seeks an order compelling plaintiff to provide responses, without objections, within ten (10) days and requests the Court to impose sanctions against plaintiff in the amount of $225.00. Il. STATEMENT OF FACTS On January 24, 2017, defendant SOUTH COUNTY CONCEPTS, INC., served plaintiff with Request for Production of Documents, set one. (See Ackley Decl. § 2, Exhibit "A") Plaintiff's responses were due on or before February 28, 2017. (See Ackley Decl., 13) No extensions were sought or granted. Having not received said responses, defense counsel sent a letter on March 30, 2017, to plaintiff demanding responses by April 10, 2017. (See Ackley Decl. q 5, Exhibit “B.”) This letter advised that the failure to provide said responses would necessitate defense counsel bringing this motion. (See Id.) As of the date of the filing of this motion, plaintiff has not provided responses to the discovery at issue. Defendant hereby requests that this motion be granted and monetary sanctions be imposed against Plaintiff. ll. THE COURT SHOULD COMPEL PLAINTIFF _TO PROVIDE RESPONSES, WITHOUT OBJECTION, TO DEFENDANT'S SPECIAL INTERROGATORIES, SET ONE. California Code of Civil Procedure §2017.010 provides, "...any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Further, California Code of Civil Procedure 3 Motion to Compel Responses to Request for Production of Documents 16-024182 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 §2031.300 states that if a party to whom an inspection demand is directed fails to serve a timely response, the following rules apply: (a) The party to whom the demand for inspection, copying, testing, or sampling is directed waives any objection to the demand, including one based on privilege or on the protection for work product..." *kek (b) The party making the demand may move for an order compelling response to the demand." In the case at bar, this defendant is entitled to the information requested. The information is clearly relevant and necessary for the preparation of an adequate defense to plaintiff's Complaint. Plaintiff's failure to provide any responses to the Request for Production of Documents significantly impairs defendant's ability to defend itself against plaintiff's claims. Moreover, plaintiff's complete failure to provide any responses to the Request for Production of Documents has resulted in plaintiff waiving any right to object to the individual requests. Therefore, defendant requests this Court compel plaintiff to provide responses, without objection, to defendant's Request for Production of Documents, set one, within ten (10) days of this Court's order. IV. THE COURT SHOULD COMPEL THE PLAINTIFF TO RESPOND TO THE REQUEST FOR PRODUCTION OF DOCUMENTS. The requests that defendant served are not overly burdensome in quantity or quality, especially in light of the allegations. They seek basic information about the case as well as plaintiff's contentions against this defendant, i.e., basic discovery. The contentions of the opposing party including the matters of law and fact upon which they comport is clearly discoverable as a matter of right. See Code of Civil Procedure section 2017.010. Plaintiff has chosen to not respond to simple discovery. An order compelling answers without objection is clearly warranted. 111 4 Motion to Compel Responses to Request for Production of Documents 16-024182 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 V. MONETARY SANCTIONS SHOULD BE AWARDED AGAINST PLAINTIFF. California Code of Civil Procedure Section 2031.300(c) provides: “Except as provided in subdivision (d), the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a response to a demand for inspection, copying, testing, or sampling, 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....” Further, the California Code of Civil Procedure Section 2023.010(d) states that "failing to respond or to submit to an authorized method of discovery" is a misuse of the discovery process. California Code of Civil Procedure Section 2023.030(a) states: “The court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. The court may also impose this sanction on one unsuccessfully asserting that another has engaged in the misuse of the discovery process, or on any attorney who advised that assertion, or on both. If a monetary sanction is authorized by any provision of this title, the court shall impose that 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.” "Reasonable expenses" include the time the moving party's counsel spent in research and preparation of the motion, and court and travel time spent in connection with the motion. Ghanooni v. Super Shuttle (1993) 20 Cal.App.4th 256, 262. In this case, plaintiff's failure to give any responses to properly served Request for Production of Documents constitutes an abuse of the discovery process. Plaintiff's responses should have been provided on February 28, 2017. Plaintiff has still not provided any responses. Due to plaintiff's complete failure to respond to defendant's Request for Production of Documents defendant has no other recourse than to bring the instant motion. Consequently, defendant respectfully requests that the Court impose monetary sanctions in the amount of $225.00 against plaintiff for all reasonable 5 Motion to Compel Responses to Request for Production of Documents 16-024182 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 expenses and attorneys’ fees and costs associated with the preparation of this motion. (Ackley Decl. 7 7). VI. CONCLUSION On the basis of the foregoing, defendant respectfully requests that the Court issue an order compelling Plaintiff to provide responses without objections within ten (10) days and requests the Court to impose sanctions against plaintiff in the amount of $225.00. DATED: May 24, 2017 LAW OFFICES OF McCARTHY & BEAVERS (SC = ROBERT S. ACKLEY ESQ. Attorneys for Defendant SOUTH COUNTY CONCEPTS, INC. 6 Motion to Compel Responses to Request for Production of Documents 16024182 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF ROBERT S. ACKLEY, ESQ. I, Robert S. Ackley, declare and state as follows: 1. | am an attorney with the Law Offices of McCarthy & Beavers, attorneys of record in the above-entitled action for defendant, SOUTH COUNTY CONCEPTS, INC. The facts set forth herein are of my own personal knowledge and if sworn, | could and would testify competently thereto. 2. On January 24, 2017, defendant SOUTH COUNTY CONCEPTS, INC. served plaintiff with Request for Production of Documents, set one. Attached hereto as Exhibit "A" is a true and correct copy of the Request for Production of Documents, set one. 3. Plaintiff's responses were due on or before February 28, 2017. 4. No extensions were sought or granted by plaintiff. 5. Having not received any responses, | sent a letter to plaintiff's counsel requesting that the verified responses be provided, without objection, by April 14, 2017. Attached hereto as Exhibit "B" is a true and correct copy of the March 30, 2017, letter to plaintiff. 6. To date plaintiff has not responded to the discovery at issue. Due to plaintiffs complete failure to provide responses to the Request for Production of Documents at issue, defendant had to bring the instant Motion. Consequently, defendant respectfully requests that the Court impose monetary sanctions in the amount of $225.00 against plaintiff MARISSA NICOLE PACHECO for all reasonable expenses and attorneys’ fees associated with the preparation of this discovery Motion. 7. My hourly rate is $165.00 per hour. It took me (1.0) hours to draft this discovery Motion. The filing fee was $60.00. Defendant is requesting sanctions in the amount of $225.00 for attorney's fees and costs related to this motion. 111 111 111 7 Motion to Compel Responses to Request for Production of Documents 16-024182 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 16-024182 Executed on this 24th day of May, 2017, at Newport Beach, California. Ee —, Robert S. Ackley, Declarant 8 Motion to Compel Responses to Request for Production of Documents EXHIBIT I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBERT S. ACKLEY SBN: 192393 LAW OFFICES OF McCARTHY & BEAVERS 4685 MacArthur Court, Suite 200 Newport Beach, CA 92660 Telephone: (949) 553-1359 Facsimile: (855) 880-5646 Attorneys for Defendant SOUTH COUNTY CONCEPTS, INC. dba TAPS FISH HOUSE & BREWERY SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE Case No: 30-2016-00877170 Assigned For All Purposes To Hon. Geoffrey T. Glass Dept: C32 MARISSA NICOLE PACHECO aka MARISSA NICOLE DOMINQUEZ, Plaintiff, Vs. DEFENDANT SOUTH COUNTY CONCEPTS, INC. dba TAPS FISH HOUSE & BREWERY’S REQUEST FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF, SET ONE SOUTH COUNTY CONCEPTS, INC. dba TAPS FISH HOUSE & BREWERY; DOES 1 through 10, and ROES "A" through "P" ENTITIES, INCLUSIVE, Defendants. Complaint filed on 9/26/2016 N e a ? a Na e ee N e ” N e S e ee Ne a ee e r PROPOUNDING PARTY: Defendant, South County Concepts, Inc., dba Taps Fish House & Brewery RESPONDING PARTY: Plaintiff, Marissa Nicole Pacheco aka Marissa Nicole Dominquez SET NO.: ONE (1) TO PLAINTIFF, MARISSA NICOLE PACHECO AKA MARISSA NICOLE DOMINQUEZ, AND TO HER ATTORNEY OF RECORD: W \\ A 1 Defendant South County Concepts, Inc. dba Taps Fish House & Brewery’s Requests for Production to Plaintiff, Set One 16-024182 S w N e Qo J o n Ow» 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 YOU ARE HEREBY DEMANDED, pursuant to the provisions of Section 2031.010 of the California Code of Civil Procedure, to produce to Defendant, South County Concepts, Inc., dbaj Taps Fish House & Brewery. The below-described documents shall be produced by Responding Party or the Attorney of] Record for inspection and photocopying by Defendant no later than thirty (30) days from the date of service, in the Law Office of McCarthy & Beavers, located at 4685 MacArthur Court, Suite 200, Newport Beach, California 92660-2829. These items are to remain in the custody, possession, and control of the Law Office of McCarthy & Beavers, for the time necessary to facilitate expert inspection and photocopying. Said documents are currently in the possession, custody, and control of the Responding Party, are not privileged, are relevant to the subject matter of this action, and are reasonably calculated to lead to the discovery of admissible evidence herein. The furnishing of a photocopy of said items, subscribed by you under oath, including a complete identification and explanation as to each item, by mail prior to the date for inspection and photocopying, will be deemed satisfactory compliance with this request. Defendant shall reimburse Responding Party for costs of photograph reproduction. PLEASE NOTE — Pursuant to C.C.P. §2031.010, any documents demanded shall either be produced as they are kept in the usual course of business or be organized and labeled to) correspond with the categories in the demand, and shall bear the same number and be in the same sequence as the categories of items demanded. Furthermore, a statement as to the inability to comply specifying the reasons, shall be set forth in place of a response, which shall include the name and address of any natural person on organization known or believed to have possession, custody, or control of items in any category] for which Responding Party cannot comply. NOTICE IS HEREBY GIVEN THAT Defendant will object to admitting into evidence any document pre-dating the date of this scheduled production, if a copy of such document is not produced at the time and place herein indicated. \W 2 Defendant South County Concepts, Inc. dba Taps Fish House & Brewery’s Requests for Production to Plaintiff, Set One 16-024182 w N OO Ww 0 NN o y U W 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 \\ A The following documents are requested: 1. Defendant South County Concepts, Inc. dba Taps Fish House & Brewery's Requests for Production to 16-024182 Any and all medical reports, bills, charts, graphs, x-rays, or any other records demonstrating any injuries allegedly sustained by Plaintiff, Marissa Nicole Pacheco aka Marissa Nicole Dominquez; Any and all documents, diagrams, charts, graphs, reports, computations, formulations, photographs, motion pictures, videotapes, or any other reports, in whatever form, based on inspection of any of the location in this accident or the component parts or the accident scene and injuries sustained by Plaintiff Marissa Nicole Pacheco aka Marissa Nicole Dominquez; Any and all reports, charts, and/or diagrams made by anyone pertaining to the incident which gives rise to this lawsuit; Any and all statements, in whatever form -- transcribed, handwritten, audio taped, videotaped, or typewritten -- from any individual claiming to have knowledge of the facts surrounding the complained of incident; Any and all documents relative to the payment of medical expenses for Plaintiff, Marissa Nicole Pacheco aka Marissa Nicole Dominquez; Any and all documents relative to the payment of medical expenses by Medicare; for Plaintiff, Marissa Nicole Pacheco aka Marissa Nicole Dominquez; Any and all documents relative to the payment of medical expenses by Medi-Cal for Plaintiff, Marissa Nicole Pacheco aka Marissa Nicole Dominquez; Any and all documents supporting Plaintiff Marissa Nicole Pacheco aka Marissa Nicole Dominquez’s loss of earnings claim arising from the September 26, 2014, incident. Any and all color picture identification for Plaintiff Marissa Nicole Pacheco aka Marissa Nicole Dominquez, to include but not limited to driver's license, identification card, passport, school identification card, and etc. 3 Plaintiff, Set One w N o [1 s OO WwW o O NJ o n WL» 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. Please produce the clothing Plaintiff Marissa Nicole Pacheco aka Marissa Nicole Dominquez was wearing at the time of the subject September 26, 2014 incident. DATED: January 24, 2017 LAW OFFICES OF McCARTHY & BEAVERS / DO By: C=C TT ROBERT S. ACKLEY Attorneys for Defendant SOUTH COUNTY CONCEPTS, INC. dba TAPS FISH HOUSE & BREWERY Defendant South County Concepts, Inc. dba Taps Fish House & Brewery’s Requests for Production to 16-024182 4 Plaintiff, Set One S w NN Oo Ww oO J o y Ww 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I, the undersigned, declare as follows: [ am employed in the County of Orange, State of California. I am over the age of 18 years, and not a party to the within action. I am an employee of or agent for LAW OFFICES OF McCARTHY & BEAVERS, whose business address is 4685 MacArthur Court, Suite 200, Newport Beach, California 92660. On January 24, 2017 1 served the foregoing document(s): Defendant South County Concepts, Inc. dba Taps Fish House & Brewery’s Requests for Production to Plaintiff, Set One to the following party(ies) in this action addressed as follows: PLEASE SEE ATTACHED SERVICE LIST X (BY MAIL) 1 caused a true copy of each document, placed in a sealed envelope with postage fully paid, to be placed in the United States mail at Newport Beach, California. Iam “readily familiar” with this firm’s business practice for collection and processing of mail, that in the ordinary course of business said document(s) would be deposited with the U.S. Postal Service on that same day. | understand that the service shall be presumed invalid if the postal cancellation date or postage meter date on the envelope is more than one day after the date of deposit for mailing contained in this affidavit. Ul (BY PERSONAL SERVICE) | caused to be delivered each such document by hand to each addressee above. ] (BY OVERNIGHT DELIVERY) | caused a true copy of each document, placed in a sealed envelope with delivery fees provided for, to be deposited in a box regularly maintained by Federal Express® (FedEx). I am readily familiar with this firm’s practice for collection and processing of documents for overnight delivery and know that in the ordinary course of business practice the document(s) described above will be deposited in a box or other facility regularly maintained by FedEx or delivered to a courier or driver authorized by FedEx to receive documents on the same date it is placed for collection. ] (BY FACSIMILE) By use of facsimile machine number (855) 880-5646, I served a copy of the within document(s) on the above interested parties at the facsimile numbers listed above, The transmission was reported as complete and without error. The transmission report was properly issued by the transmitting facsimile machine. ] (BY ELECTRONIC SERVICE) Based on a court order or an agreement of the parties to accept service by electronic transmission, I caused the documents to be sent to the persons at their electronic notification addresses. 1 did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. Executed on January 24, 2017, in Newport Beach, California. 1 declare under penalty of perjury under the laws of the State of California that the above is true and correct. SEAN WEBB 5 Defendant South County Concepts, Inc. dba Taps Fish House & Brewery’s Requests for Production to Plaintiff, Set One 16-024182 ~~ o y 0 s W N «© 10 11 12 13 14 15 le 17 18 19 20 21 22 23 24 25 26 27 28 Pacheco v. South County Concepts, et al. CASE NO: 30-2016-00877170 SERVICE LIST Marissa Nicole Pacheco 21670 Via Pepita Yorba Linda, CA 92886 T: (714) 906-4183 F: [IN PRO PER] 6 Defendant South County Concepts, Inc. dba Taps Fish House & Brewery’s Requests for Production to Plaintiff, Set One 16-024182 EXHIBIT “B” JOHN B. MCCARTHY, JR. R. WESLEY BEAVERS ROBERT S. ACKLEY THOMAS C. CAMARDI MICHAEL DEAL LEDA KALFA GINA Y. KANDARIAN-STEIN JEFFERY A. KORINKO VICTOR A. LEE GLENN K. POHL JOHN F. RUTAN, JR DENISE THOMPSON ToDD VIGUS March 30, 2017 Marissa Nicole Pacheco 21670 Via Pepita Yorba Linda, CA 92886 LAW OFFICE McCARTHY & BEAVERS EMPLOYEES OF NATIONWIDE® MUTUAL INSURANCE COMPANY NOT A LEGAL PARTNERSHIP OR PROFESSIONAL CORPORATION 4685 MACARTHUR COURT SUITE 200 NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE: (949) 553-1359 FACSIMILE: (855) 880-5646 Re: Pacheco v. South County Concepts, et al. Court Case No: Our File No: Claim No: Date of Loss: Name of Insured: Dear Ms. Pacheco: 30-2016-00877170 16-024182 7204PE887667 9/26/2014 South County Concepts, Inc. SUBROGATION SPECIALIST SHEILA NEUMAN PARALEGALS AARON BRIGHT KRISTY COOK LOURDES HERNANDEZ JENNIFER M. JERRY KIMBERLY MILLER BARBRA S. TENNER On January 24, 2017, your client was served with Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One. Plaintiff’s responses were due on February 28, 2017. As of this date, no responses to said discovery have been received, nor has plaintiff requested an extension of time to respond. Please allow this letter to serve as our “meet and confer” on outstanding discovery responses. As you know, the purpose of the meet and confer requirement is to force lawyers to reexamine their positions, and to narrow their discovery disputes to the irreducible minimum, before calling upon the court to resolve the matter. It also enables parties and counsel to avoid sanctions that are likely to be imposed if the matter comes before the court. [Stewart v. Colonial Western Agency, Inc. (2001) 87 CA4th 1006, 1016-1017] Code of Civil Procedure Section 2023.010(d) states that failing to respond to an authorized method of discovery is an abuse of the discovery process. Additionally, as your client’s have failed to serve timely responses, they have waived any right to objections. Failing to respond within the time limit waives most objections to the interrogatories ... including claims of privilege and “work product” protection. [CCP § 2030.290(a); see Leach v. Sup.Ct. (Markum) (1980) 111 CA3d 902, 905-906] Pacheco v. South County Concepts, et al. Court Case No: 30-2016-00877170 Qur File No: 16-024182 March 30, 2017 Page 2 Accordingly, I request that your client submit verified responses to my Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One, without objections, by April 14,2017. It is my sincere intention to settle this matter amicably without the need for judicial intervention. However, in the event [ do not receive your client’s verified responses, without objections, by April 14,2017, I will have no choice but to file a motion to compel with the Court and ask for attorneys fees and sanctions for your client’s failure to comply. Very truly yours, LAW OFFICE OF McCARTHY & BEAVERS By: =e — ROBERT S. ACKLEY, EST. Direct Line: (949) 250-5548 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I, the undersigned, declare as follows: I am employed in the County of Orange, State of California. I am over the age of 18 years, and not a party to the within action. [ am an employee of or agent for LAW OFFICES OF McCARTHY & BEAVERS, whose business address is 4685 MacArthur Court, Suite 200, Newport Beach, California 92660. On May 24, 2017, I served the foregoing document(s): MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS to the following party(ies) in this action addressed as follows: PLEASE SEE ATTACHED SERVICE LIST X (BY MAIL) I caused a true copy of each document, placed in a sealed envelope with postage fully paid, to be placed in the United States mail at Newport Beach, California. I am “readily familiar” with this firm’s business practice for collection and processing of mail, that in the ordinary course of business said document(s) would be deposited with the U.S. Postal Service on that same day. I understand that the service shall be presumed invalid if the postal cancellation date or postage meter date on the envelope is more than one day after the date of deposit for mailing contained in this affidavit. Hl (BY PERSONAL SERVICE) 1 caused to be delivered each such document by hand to each addressee above. 1 (BY OVERNIGHT DELIVERY) I caused a true copy of each document, placed in a sealed envelope with delivery fees provided for, to be deposited in a box regularly maintained by Federal Express® (FedEx). I am readily familiar with this firm’s practice for collection and processing of documents for overnight delivery and know that in the ordinary course of business practice the document(s) described above will be deposited in a box or other facility regularly maintained by FedEx or delivered to a courier or driver authorized by FedEx to receive documents on the same date it is placed for collection. UJ (BY FACSIMILE) By use of facsimile machine number (855) 880-5646, I served a copy of the within document(s) on the above interested parties at the facsimile numbers listed above. The transmission was reported as complete and without error. The transmission report was properly issued by the transmitting facsimile machine. 0] (BY ELECTRONIC SERVICE) Based on a court order or an agreement of the parties to accept service by electronic transmission, I caused the documents to be sent to the persons at their electronic notification addresses. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. Executed on May 24, 2017, in Newport Beach, California. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. SUE DOBROWOLSKI 9 Motion to Compel Responses to Request for Production of Documents 16-024182 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pacheco v. South County Concepts, et al. CASE NO: 30-2016-00877170 SERVICE LIST Marissa Nicole Pacheco 21670 Via Pepita Yorba Linda, CA 92886 F: T: (714) 906-4183 [IN PRO PER] 16-024182 10 Motion to Compel Responses to Request for Production of Documents