Anthony Petrotta vs. Douglas Woolbert

Motion to Deem Answers Admitted

Cal. Super. - 4th Dist.January 12, 2017

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 {SPACE BELOW FOR FILING STAMP ONLY) LAW OFFICES OF O'CONNOR, SCHMELTZER & O'CONNOR A LAW CORPORATION SUITE 1850 300 SPECTRUM CENTER DRIVE IRVINE, CALIFORNIA 92618 AREA CODE (948) 753-0700 Fax (949) 753-8069 Norman B. Schmeltzer, III — SBN 82801 Attorneys for Plaintiffs ANTHONY PETROTTA and CLARE PETROTTA SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE CENTRAL JUSTICE CENTER ANTHONY PETROTTA, an individual, and CASE NO. 30-2017-00897227-CU-BC-CJC CLARE PETROTTA, an individual, Assigned to: Plaintiffs Department: C-11 ’ Unlimited Civil ve NOTICE OF MOTION AND MOTION oo FOR ORDER ESTABLISHING MEMORANDUM IN SUPPORT Defendants. THEREOF; AND DECLARATION OF NORMAN B. SCHMELTZER Date: 12/08/2017 Time: 1:30 P.M, Dept.: C11 Reservation No. 72681296 Trial Date: 02/13/2018 N e ’ N e ’ N m N m N e N e N d N n N a S n N e N e N d S e N n S e S N N S TO DEFENDANT DOUGLAS WOOLBERT, IN PROPRIA PERSONA: NOTICE IS HEREBY GIVEN that onDecember 8, 2017 at 1:30 P.M. in Department C11 of this court located at 700 Civic Center Drive West in Santa Ana, California, Plaintiffs ANTHONYPETROTTA and CLARE PETROTTA will movethe court for an order that the truth -1- Notice of Motion and Motion for Order Establishing Admissions and for Sanctions; Memorandum in Support Thereof; and Declaration ofNorman B. Schmeltzer 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of each matter specified in Requests for Admission served on Defendant DOUGLAS WOOLBERT on July 23, 2017 be deemed admitted and conclusively established for all purposes in this action. A true and correct copy of the Request for Admissions served on defendant is attached hereto as Exhibit “A” and incorporated herein by reference. Plaintiffs ANTHONYPETROTTA and CLARE PETRITTA will also move the court for an order that Defendant DOUGLAS WOOLBERTpay to the moving party the sum ofTwo Thousand Two Hundred Ninety-Nine Dollars and Ninety-Five Cents (82,299.95) as the reasonable costs and attorney’s fees incurred by plaintiffs for these proceedings. | This motion is made on the grounds that the Requests for Admission are relevant to the subject matter ofthe action, and that defendant has not served a timely response as required by law. This motion will be based upon this notice, the attached memorandum of points and authorities in support thereof, the declaration of Norman B. Schmeltzer, III of O’Connor, Schmeltzer & O’Connor, a Law Corporation, and the recordsand files in this action. Dated: October 16 , 2017 O'CONNOR, SCHMELTZER & O’CONNOR A Law Corporation o PhewthA Norman B.. Schmeltzer, 111 Normanfor PlaintiffsoarPETROTTA and CLARE PETROTTA 2- Notice of Motion and Motion for Order Establishing Admissions and for Sanctions; Memorandum in Support Thereof; and Declaration ofNorman B. Schmeltzer 10 11 12 13 14 15 le 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS’ MOTION FOR ORDER DEEMING ADMITTED TRUTH OF FACTS AND IMPOSING MONETARY SANCTIONS Plaintiffs, ANTHONY PETROTTA and CLAREPETROTTA hereby submitthe following Memorandum of Points and Authorities in support of their motion seeking an order deeming the Requests for Admission previously served on Defendant DOUGLAS WOOLBERT be deemed admitted for all purposes as well as for sanctions: I INTRODUCTION On January 12, 2017, plaintiffs filed a Complaint in the above-entitled court seeking damages for defendant’s failure to pay monies owed pursuant to a lease agreement by which defendant and his then wife and children occupied real property owned by plaintiffs at 4207 Calle Abril in San Clemente, California. On July 13,2017, plaintiffs served Requests for Admissions offact on defendant requesting defendantto either admit or deny the truth ofcertain facts. A true and correct copy ofthe Requests for Admission has been attached to the Declaration of Norman B. Schmeltzer, III, attorney for plaintiffs, as Exhibit “A” and incorporated herein by reference. Thereafter, defendant failed to respond to the Requests for Admission within the statutory period. Plaintiffs’ counsel subsequently sent a letter to defendant demanding that he provide responses without objections within ten (10) days from the date of the letter. A true and correct copy of the letter of plaintiffs’ counsel to defendant is attached to the Declaration of Norman B. Schmeltzer, IIT as Exhibit “B” and incorporated herein by reference. 3. Notice of Motion and Motion for Order Establishing Admissions and for Sanctions; Memorandum in Support Thereof; and Declaration ofNorman B. Schmeltzer 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs’ counsel has received no communication from defendant regarding the Requests for Admissions and has not received responses as required by law. Therefore, plaintiffs are filing this motion seeking an order that the Requests for Admission be deemed by the court to be admitted for all purposes and seeking monetary sanctions forthe attorney’s fees and costs incurred in having to file this motion, II DEFENDANT IS REQUIRED TO RESPOND TO THE REQUESTS FOR ADMISSION WITHIN THIRTY (30) DAYS AFTER SERVICE OF THE REQUEST Section 2033.210(a) of the California Code of Civil Procedure provides that the party to whom Requests for Admission have been directed shall respond in writing under oath separately to each request. Section 2033.250 ofthe California Code ofCivil Procedure provides that within thirty (30) days after service ofthe Requests for Admission,the party to whom the requestsare directed shall serve the original of the response on the requesting party unless upon motion of the requesting party, the court has shortened the time for response or unless on motion ofthe responding party the court has extended the time for response. Inthe present case, plaintiffs caused to be served Requests for Admissions on defendant on July 13, 2017. Defendant was obligated to respond to the request within thirty (30) days after service ofthe request. Prior to the filing ofthe motion, plaintiffs’ counsel sent a letter to defendant giving him an additional ten (10) days in which file his responses to the Requests for Admission. No response was received to the letter and no responses to the Requests for Admission have been received. -4- Notice ofMotion and Motion for Order Establishing Admissions and for Sanctions; Memorandum in Support Thereof; and Declaration ofNorman B. Schmeltzer w w 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ITI PLAINTIFFS ARE ENTITLED TO AN ORDER THAT THE TRUTH OF THE REQUESTS FOR ADMISSION ARE DEEMED ADMITTED AS WELL AS FOR MONETARY SANCTIONS Section 2033.280 ofthe California Code ofCivil Procedure provides that (b) the requesting party may move for an order that the truth ofthe matter specified in the Requests for Admission be deemed admitted as well as for monetary sanctions. Pursuant to Section 2033.280 ofthe California Code ofCivil Procedure, a party requesting responses to Requests for Admission served on a party may move for an order thatthe truth ofany matter specified in the request be deemed admitted as well as for monetary sanctions. In the present case, defendant has failed to respond to the Requests for Admission and therefore plaintiffs are entitled to an order from the court that the truth ofthe matters specified in the requests be deemed admitted. Section 2033.280(c) further providesthat if a proposed response to the Requests for Admission in substantial compliance with Section 2033.220 is not served prior to the hearing on the motion, it is mandatory that the court impose a monetary sanction on such party whose failure to serve a timely response to the Requests for Admission necessitated this motion. In the present case, plaintiffs have failed to serve a response to the Requests for Admission and therefore the court should order that the truth of the matter set forth in the Requests for Admission are thereby deemed admitted for all purposes and that no further evidence is required with regard to the truth of the matters set forth therein. -5. Notice of Motion and Motion for Order Establishing Admissions and for Sanctions; Memorandum in Support Thereof; and Declaration ofNorman B. Schmeltzer 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The court should also impose monetary sanctions as required pursuant to Section 2033.280(c) of the California Code of Civil Procedure. v CONCLUSION For the reasons set forth herein, plaintiffs respectfully request that the court order that the truth ofthe facts set forth in the Requests for Admission served on the defendant on July 13,2017 are hereby deemed admitted for all purposes and that no further evidence needs to be introduced at the time ofial by plaintiffs with regard to the establishment of such facts. Plaintiffs also request that court award monetary sanctions against defendant in the amount of Two Thousand Two Hundred Ninety-Nine Dollars and Ninety-Five Cents ($2,299.95). Dated: October12017 Respectfully submitted, O'CONNOR, SCHMELTZER & O'CONNOR A Law Corporation By: Y\owman v hud Norman B) Schmeltzer, 111 Attorney fox Plaintiffs ANTHONY PETROTTA and CLARE PETROTTA -6- Notice of Motion and Motion for Order Establishing Admissions and for Sanctions; Memorandum in Support Thereof; and Declaration ofNorman B. Schmeltzer 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF ATTORNEY NORMAN B. SCHMELTZER,IIT IN SUPPORT OF PLAINTIFFS’ MOTION FOR ESTABLISHING ADMISSIONS AND FOR SANCTIONS. I, Norman B. Schmeltzer, III, declare as follows: 1. I am an attorney at law duly licensed to practice before all the courts ofthe State of California and am a principal in O'Connor, Schmeltzer & O’Connor, A Law Corporation, which maintains it offices at 300 Spectrum Center Drive, Suite 1550, Irvine, California 92618. 2. If called and sworn as a witness in this matter, I could and would competently testify to the facts set forth herein, all of which are within my personal knowledge. 3. 0° Connor, Schmeltzer & O'Connor, A Law Corporation,is the attorney for Plaintiffs ANTHONY PETROTTA and CLARE PETROTTAin the above-entitled matter. 4, This action relates to monies owed by defendant to plaintiffs in connection with the lease of real property located at 4207 Calle Abril in San Clemente, California which defendant has failed to pay to plaintiffs notwithstanding his acknowledgment ofthe obligation and the terms of the written lease agreement. 5. On July 13, 2017, I caused to be served on Defendant DOUGLAS WOOLBERT Requests for Admission propounded to Defendant DOUGLAS WOOLBERT— Set Number 1. A true and correct copy ofthe Requests for Admission including the proofofservice is attached hereto as Exhibit “A” and incorporated herein by reference. No response was received from defendant to the Requests for Admission within the statutory time. 6. On August 21,2017, I sent a letter to Defendant DOUGLAS WOOLBERT requesting that he provide responses to the Requests for Admission without objection, as well as 7- Notice of Motion and Motion for Order Establishing Admissions and for Sanctions; Memorandum in Support Thereof; and Declaration ofNorman B. Schmeltzer 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 form interrogatories, within ten (10) days fromthe date ofthe letter. A true and correct copy ofmy letter dated August 21, 2017 is attached hereto as Exhibit “B” and incorporated hetein by reference. 7. Within such time, I received no response from defendant nor did we receive written responses to the Requests for Admission. The time for response has not been extended by stipulation or by court order. 8. On September14, 2017, defendant failed to appear at the Case Management Conference at which time I informed the court that defendant had not respondedto discovery and that plaintiffs intended to file a motion for an order establishing the truth of the facts in the Requests for Admission. 9. Dueto the defendant’s failure to respond to the Requests for Admission as required by law, plaintiff has incurred and will incur reasonable costs and attorney’s fee for bringing this motion in the total amount ofTwo Thousand Two Hundred Ninety-Nine Dollars and Ninety-Five Cents ($2,299.95) consisting of the following: Attorney’s Fee: a. Preparation of Motion, Memorandum of Points and Authorities, and Declaration: 2.65 hours b. Reparation and Appearance at Hearing on Motion: 2.00 hours c. Preparation of Order: .35 hours Total Hours: 5.5 hours @ $400 per hour: $2,200.00 Costs: a. Motion Filing Fee: | $60.00 b. Court Reporter Fee: 30.00 -8- Notice of Motion and Motion for Order Establishing Admissions and for Sanctions; Memorandum in Support Thereof; and Declaration ofNorman B. Schmeltzer 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Cc. One Legal E-Filing Fee: 9.95 Total Costs: $ 99.95 10. Attached hereto as Exhibit “C” and incorporated herein byreference is a copy of ourbilling records reflecting the number of hours spent by me, my billable rate of Four Hundred Dollars ($400.00) per hour,the filing fee and anticipated court reporter fee to be paid for this motion. Based upon my experience, I estimate that I will spend 2.35 hours of additional time in connection with the preparation of the hearing on the motion, attending the hearing on the motion and preparing the order after the hearing, 11. I am therefore requesting that the court order sanctions to be paid by defendant in the amount of Two Thousand Two Hundred Ninety-Nine Dollars and Ninety-Five Dollars ($2,299.95). I declare under penalty ofperjury under the laws ofthe State ofCalifornia that the foregoing is true and correct. Executed this 16 day of October, 2017 at Irvine, California SimabSTR NORMAN B. SCHMELTZER, \ 9. Notice of Motion and Motion for Order Establishing Admissions and for Sanctions; Memorandum in Support Thereof; and Declaration ofNorman B. Schmeltzer EXHIBIT “A” w nN oS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ( ( (SPACE BELOW FOR FILING STAMP ONLY) , . LAW OFFICES OF O’CONNOR, SCHMELTZER & O°CONNOR A LAW CORPORATION SUITE 1550 300 SPECTRUM CENTER DRIVE IRVINE, CALIFORNIA 92618 AREA CODE {949) 753-0700 FAX (949) 753-8069 Norman B. Schmeltzer, III — SBN 82801 Attorneys for Plaintiffs ANTHONY PETROTTA and CLARE PETROTTA SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE CENTRAL JUSTICE CENTER Defendants. Set Number: One ANTHONY PETROTTA, an individual, and ) CASE NO. 30-2017-00897227-CU-BC-CIC CLARE PETROTTA, an individual, ) ) Assigned to: Judge William Monroe Plaintiffs, } Department: C-11 ) Unlimited Civil v. ) REQUEST FOR ADMISSIONS Coa ) PROPOUNDED TO DEFENDANT DOUGLAS WOOLBERT, an individual, et al., ) DOUGLAS WOOLBERT ) ) ) PROPOUNDING PARTY: Plaintiffs ANTHONY PETROTTA and CLARE PETROTTA RESPONDING PARTY: Defendant DOUGLAS WOOLBERT SET NUMBER: ONE (1) Pursuant to California Code of Civil Procedure, Section 2033, Plaintiffs ANTHONY PETROTTA and CLARE PETROTTA hereby request that DefendantDOUGLAS WOLBERT admit, within thirty (30) days after service, for the purpose ofthe above-entitled action only, the truth of the following facts: -1- EXHIBIT "A" Request for Admissions Propounded to Defendant DOUGLAS WOOLBERT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. You and Melissa Valliere (hereinafter referred to as “Melissa™) were married on December 13, 1997. 2. From June, 2002 until October 5, 2014, you resided with Melissa and your four (4) children at 4207 Calle Abril in San Clemente, California 92673 (hereinafter referred to as the “Real Property”). 3. Plaintiffs were the owners ofthe Real Property during the period of June, 2002 to present. 4, Onor about October5, 2014, you physicallymoved out ofthe Real Property though your wife, Melissa, continued to reside at the Real Property with your four (4) children. 5. Rent was paid by you and Melissa to plaintiffs from 2002 through the date you physically moved out of the Real Property in October, 2014. | 6. Atthe time you physically movedout ofthe Real Property, you and Melissa were paying rent to plaintiffs in the amount ofTwo Thousand Seven Hundred Fifty Dollars ($2,750.00) per month. 7. After you physicallymoved out ofthe Real Property in October, 2014, you agreedto pay the monthly rent to the plaintiffs so that your children could continue to reside in the Real Property. 8. You agreed with Melissa that you would pay the monthly rent in lieu of paying support to her during the pendency ofthe dissolution proceeding. 9. You paid rent to plaintiffs in the amount of Two Thousand Seven Fundred Fifty Dollars ($2,750.00) per month for the months of October, 2014 and November, 2014. 10. You did not pay monthly rent to plaintiffs during the months ofDecember,2014 and January, 2015. 2- Request for Admissions Propounded to Defendant DOUGLAS WOOLBERT W w N = 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. You paid rent to plaintiffs in the amount of Two Thousand Seven Hundred Fifty Dollars ($2,750.00) per month from February, 2015 through June, 2015 and for August, 2015 though failed to pay the rent for July, 2015. 12. The monthly rent for the Real Property was increased to Two Thousand Eight Hundred Fifty Dollars ($2,850.00) per month as of September 1, 2015. 13. You paid rent to plaintiffs in the amount of Two Thousand Eight Hundred Fifty Dollars ($2,850.00) per month for the months of September, October and November, 2015. 14. In December, 2010, you only paid plaintiffs one-half (*2) of the Two Thousand Eight Hundred Fifty Dollars ($2,850.00) monthly rent. 15. As of December 30, 2015, rent was owed to plaintiffs in the amount of Nine Thousand Six Hundred Seventy-Five Dollars ($9,675.00). 16. You did not pay any rent to plaintiffs for the months ofJanuary, 2016 through and including July, 2016. 17. Rent is owed to plaintiffs for the period ofJanuary, 2016 through and including July, 2016 in the amount ofNineteen Thousand Nine Hundred Fifty Dollars ($19,950.00). 18. From the date that you physically moved out of the Real Property and separated from Melissa in October, 2014, you did not pay child support or spousal support to Melissa. 19. No child support order was requested by Melissaor made by the court until August, 2016 when the final judgment of dissolution of marriage was entered. 20. After losing yourjob in January, 2016, youtold plaintiffs thatyouwould make rent payments of Two Thousand Eight Hundred Fifty Dollars ($2,850.00) per month during the - pendency ofthe dissolution proceedings once you obtained new employment. 3. Request for Admissions Propounded to Defendant DOUGLAS WOOLBERT W w n N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 — — . N 21. You never resumed making rent payments after December, 2015 even once you obtained other employment. 22. Thejudgment entered in August, 2016 provided in Section 2d ofthe Property Order Attachment to Judgmentthat you would be responsible to pay all back rent owed. 23. The total rent unpaid to plaintiffs (exclusive of interest) is Twenty-Nine Thousand Six Hundred Twenty-Five Dollars (829,625.00). Dated: July 3 , 2017 O'CONNOR, SCHMELTZER & O’CONNOR ALaw Corporation By: VLoman J. Norman BlSchmeltzer, 111 Attorney for Plaintiffs ANTHONY PETROTTA and CLARE PETROTTA 4 Request for Admissions Propounded to Defendant DOUGLAS WOOLBERT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the County of Orange, State of California. Iam over the age of 18 and not a party to the within action; my business address is 300 Spectrum Center Drive, Suits 1550, Irvine, California 92618. Onluly £3 ,2017,1 served the foregoing documents described as: Request for Admissions Propounded to Defendant Douglas Woolbert — Set Number One on the interested parties by placing __ the original __X a true copy thereof enclosed in sealed envelopes addressed as follows: Douglas Woolbert 213 Avenida Miramar, Unit A San Clemente, CA 92672 _X_ (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 U.S. postal service on that same day with postage thereon fully prepaid at Irvine, California, in the ordinary course of business. 1 am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. __ (By Fax) I transmitted a true copy of said document by facsimile machine, pursuant to Rule 2005. The facsimile machine I used complied with Rule 2003(3) and no error was reported by the machine. Pursuant to Rule 2005 (k), I caused the machine to print a transmission record of the transmission. Said fax transmission(s) was/were completed on the above date. (By Personal Service) I delivered such envelope by hand to the addressee. _X_ Tdeclare under penalty of perjury under the laws ofthe State of California that the above is true and correct. Executed on July AZ , 2017, at Irvine, California. Aasan). me.Fae , Patricia I. McIntyre EXHIBIT “B” Lu Qftces of O'CONNOR, SCHMELTZER 8 O'CONNOR A LAW CORPORATION NORMAN 8. SCHMELTZER, m* 300 SPECTRUM CENTER DRIVE, SUITE IS50 NORMAN B. SCHMELTZER, II LEE P. Q'CONNOR IRV ALIFE 5 (oy. DIAL TIMOTHY J. 6'CONNOR RVINE, CALIFORNIA 92618-3004 \753-052 *ALSO ADMITTED IN COLORADO TELEPHONE (949) 763-0700 norm.schmaltzer@osolawcorp,.com FAX (949) 753-8069 August 21,2017 Mr. Douglas Woolbert 213 Avenida Miramar, Unit A San Clemente, CA 92672 Re: Anthony Petrotta, et al v Douglas Woolbert, et al. Orange County Superior Court Case No. 30-2017-00897227-CU-BC-CJC Our FileNumber 2493-01 Dear Mr. Woolbert: On July 3, 2017 our office served you with Form Interrogatories — General, Set No. 1, as well as Request for Admissions Propounded to Defendant Douglas Woolbert, Set No. 1. These documents were mailed to you at 114 W. Mariposa, Unit B, San Clemente, CA 92672. Subsequent to this mailing, we were advised by our client that you had moved from that address though you failed to advise our office or the court of your new address. In case the Post Office did not have a forwarding address for you, we again mailed both of these documents to you on July 13, 2017 to your new address at 213 Avenida Miramar, Unit A, San Clemente, CA 92672. Accordingly, your responses to this discovery were due on or before August 17, 2017. To date, we have not received your responsesto this discovery, nor a request for an extension of time in which to respond. Please provide us with your responses to the Form Interrogatories-General, Set No. 1, and the Request for Admissions Propounded to Defendant Douglas Woolbert, Set No. 1, without objection, within ten (10) days of the date ofthis letter, If you fail or refuse to do so, we will have no alternative but to file a motion to compel. In that motion, we will request that the court order you to pay monetary sanctions for the reasonable costs and attorneys’ fees incurred by our client for having to file such a motion. : We look forwardto your cooperation. Very truly yours, O'CONNOR, SCHMELTZER & O’CQNNOR A Law Corporation By: Norman B. Schmeltzer, TII NBS:pim cc: Client EXHIBIT "B" EXHIBIT “«C» O'CONNOR, SCHMELTZER & O'CONNOR A LAW CORPORATION 300 SPECTRUM CENTER DRIVE, SUITE 1550 IRVINE, CALIFORNIA 92618 (949) 753-0700 FEDERAL ID# 95-3575629 ANTHONY PETROTTA SEPTEMBER 30, 2017 35512 DEL REY OUR FILE: 2493-01 CAPISTRANO BEACH, CA 92624 INVOICE # 33151 RE: PETROTTA V. WOOLBERT STATEMENT OF ACCOUNT FOR SERVICES RENDERED THROUGH SEPTEMBER 30, 2017 BALANCE FORWARD FROM 08/31/17 $ 121.27 PAYMENTS 09/29/17 Payment - Thank You (Check # 1077) 121.27 TOTAL PAYMENT $ 121.27 PROFESSIONAL SERVICES DATE ATTY DESCRIPTION HOURS AMOUNT 09/11/17 NBS Receipt and review of e-mail from client's daughter, 0.10 40.00 09/14/17 NBS Court appearance regarding Case Management Conference. 1.65 660.00 09/15/17 NBS Telephone conference with client regarding trial. 0.20 80.00 09/18/17 NBS Prepare Notice of Trial. 0.35 140.00 09/18/17 NBS Prepare Notice of Motion regarding order establishing admissions. 0.50 200.00 09/20/17 NBS Prepare Declaration in support of Motion. Prepare Proposed 2.15 860.00 Order. Prepare Memorandum of Points and Authorities. SUMMARY OF SERVICES NBS 495hr @400.00 $ 1,980.00 PROFESSIONAL SERVICES PROVIDED 4.95 $ 1,980.00 EXHIBIT "C" PAGE 2 SEPTEMBER 30, 2017 ANTHONY PETROTTA PETROTTA V. WOOLBERT OUR FILE: 2493-01 TOTAL NEW CHARGES $ 1,980.00 BALANCE DUE $ 1,980.00 Last Payment: 09/29/17 - $121.27 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA, 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 300 Spectrum Center Drive, Suite 1550, Irvine, California 92618. On October 16,2017, I served the foregoing documents described as: Notice of Motion and Motion for Order Establishing Admissions and for Sanctions; Memorandum in Support Thereof; and Declaration ofNorman B. Schmeltzer on the interested parties by placing the original X a true copy thereof enclosed in sealed envelopes addressed as follows: Douglas Woolbert 213 Avenida Miramar, Unit A San Clemente, CA 92672 _X (By Mail) Iam "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Irvine, California, in the ordinary course of business. 1 am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. __ (By Fax) I transmitted a true copy of said document by facsimile machine, pursuant to Rule 2005. The facsimile machine I used complied with Rule 2003(3) and no error was reported by the machine. Pursuant to Rule 2005 (k), I caused the machine to print a transmission record of the transmission. Said fax transmission(s) was/were completed on the above date. (By Personal Service) I delivered such envelope by hand to the addressee. _X_ Ideclare under penalty ofperjury under the laws of the State of California that the aboveis true and correct. Executed on October /@ 2017, at Irvine, California. [bioQ, MArre Patricia I. McIntyre