Motion To Compel Answers To Request For Admissions

Motion

Cal. Super. - 4th Dist.January 24, 2017

. Fa x (3 49 ) 75 6- 80 60 M A D I S O N L A W , A P C 17 70 2 Mi tc he ll No rt h. Ir vi ne , CA 92 61 4 Te l (3 49 ) 75 6- 90 50 .. 9 s t fu . Yo so t - p e t at pt ~J } > th a 2 I~ 2 - > Ali Parvaneh, SBN 218320 aparvaneh(@madisonlawapc.com James S. Sifers, SBN 259105 jsifers@madisonlawapc.com Brett K. Wiseman, SBN 265770 bwiseman(@madisonlawapc.com MADISON LAW, APC 17702 Mitchell North Irvine, California 92614 Telephone: 949-756-9050 Facsimile: 949-756-9060 Attorneys for Plaintiff Lenore Penney ELECTRONICALLY FILED Superior Court of California, County of Orange 10/05/2017 at 06:31:00 FM Clerk of the Superior Court By Wanique Ramirez, Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE LENORE PENNEY, an individual, Plaintiff, Vv. LA COLINA HOMEOWNERS ASSOCIATION, a California non-profit corporation; and DOES 1 through 10, inclusive, Defendants. Case No.: 30-2017-00899493-CU-BC-CIJC ASSIGNED FOR ALL PURPOSES to: Hon. Judge Peter J. Wilson Dept. C15 PLAINTIFF'S NOTICE OF MOTION AND MOTION TO DEEM AS ADMITTED PLAINTIFF'S REQUESTS FOR ADMISSION, SET ONE, PROPOUNDED ON DEFENDANT LA COLINA HOMEOWNERS ASSOCIATION AND REQUEST FOR SANCTIONS IN THE AMOUNT OF $1,337.45; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF BRETT K. WISEMAN Hearing Date: November 16, 2017 Time: 2:00 p.m. Dept: C15 Action Filed: January 24, 2017 Trial Date: July 23, 2018 NOTICE OF MOTION AND MOTION TO DEEM AS ADMITTED PLAINTIFF'S REQUESTS FOR ADMISSIONS, SET ONE, PROPOUNDED ON DEFENDANT LA COLINA HOMEOWNERS ASSOCIATION .l- M A D I S O N L A W , A P 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 t (9 49 ) 75 6- 90 50 . . 16 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: NOTICE IS HEREBY GIVEN that on November 16, 2017 at 2:00 p.m. or as soon thereafter as the matter can be heard Department C15 of this Court, located at 700 West Civic Center Drive, Santa Ana, California 92701, Plaintiff Lenore Penney ("Plaintiff") will and hereby does move this Court pursuant to Cal. Code Civ. Proc. §§ 2023.010 et. seq., including sections 2023.030, and 2033.010 et. seq., including 2033.280, for an order deeming as admitted Plaintiff”s Requests for Admissions, Set One, Nos. | through 63, propounded on Defendant La Colina Homeowners Association (hereinafter “Detfendant™) on or about June 15, 2017. FURTHER, Plaintiff will move the Court pursuant to Cal. Code Civ. Proc. §§ 2023.010 et. seq., including 2023.030 and 2033.280(c) for an order directing Defendant and Defendant's counsel to pay monetary sanctions to Plaintiff in the amount of $1,337.45. The Motion will be made on the grounds that Defendant has completely failed to provide any responses to any of Plaintiff's Requests for Admissions, Nos. 1 through 63, propounded by Plaintiff. Defendant's failure to provide discovery responses has had the effect of hindering Plaintiff™s efforts to conduct discovery and to prepare for trial in this action. The Motion will be based on this Notice of Motion, the Memorandum of Points and Authorities. the Declaration of Brett K. Wiseman, the exhibits attached thereto, served and filed herewith, on the records and file herein, and on such evidence as may be presented at the hearing of the Motion. Respectfully submitted on this 3" day of October, 2017, by: MADISON LAW, APC Brett K. Wiseman, Attorneys for Plaintiff NOTICE OF MOTION AND MOTION TO DEEM AS ADMITTED PLAINTIFF'S REQUESTS FOR ADMISSIONS, SET ONE, PROPOUNDED ON DEFENDANT LA COLINA HOMEOWNERS ASSOCIATION i, M A D I S O N L A W , A P 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 (9 48 ) 75 6- 90 50 . . . Po [o S] xX 3 OS MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION Defendant has provided no responses of any kind to Plaintiff's discovery requests. Plaintiff tried, and failed, to meet and confer with respect to this issue. Defendants complete failure and refusal to participate in the discovery process necessitated the instant Motion. Plaintiff therefore seeks an order deeming the requests for admission as admitted and for monetary sanctions, IL. RELEVANT FACTS The following is a chronology of the events leading up to the filing of this Motion: EVENTS CORRESPONDING EVIDENCE On or about June 15, 2017, Plaintiff propounded her Requests for Admissions, Set One ("Requests™), on Defendant. e Declaration of Brett K. Wiseman, 2. e Plaintift’s Requests for Admissions, Set One propounded on Defendant. (Exhibit =1.7) | Defendant's responses to Plaintift™s Requests were due on or about July 20, 2017. ¢ Declaration of Brett K. Wiseman, ¥ 3. On or about July 20, 2017, Defendant requested a two-week extension of time to respond to the Requests, until August 3, 2017. Declaration of Brett K. Wiseman, § 4. e Email of July 20, 2017. (Exhibit =2.7) On or about August 3, 2017, Defendant requested, and Plaintiff granted, a further two- week extension until August 17, 2017. ® Declaration of Brett K. Wiseman, 9 5. e Email of August 3. 2017. (Exhibit “3.7) Plaintiff did not receive any discovery responses on or before August 17, 2017. ¢ Declaration of Brett K. Wiseman, § 6. Approximately one week after August 17, 2017, Defendant requested a further extension of time to respond. Plaintiff stated that the time to respond had already expired and requested to speak with the handling attorney (the call was e Declaration of Brett K. Wiseman, § 7. MEMORANDUM QF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DEEM AS ADMITTED PLAINTIFF'S REQUESTS FOR ADMISSIONS, SET ONE, PROPOUNDED ON DEFENDANT LA COLINA HOMEOWNERS ASSOCIATION -1- M A D I S O N L A W , A P C 17 70 2 Mi tc he ll No rt h, tr vi ne , CA 92 61 4 Te l (9 48 ) 75 6- 90 50 . . . Fa x {9 49 ) 75 6- 90 60 12 [3 0] J a I~ bo Ia from an assistant). Instead, approximately one week later, Defendant left a voicemail thanking Plaintiff for providing a further extension of time - however, Plaintiff had not granted any such extension. On or about September 15, 2017, Plaintiff called | e Declaration of Brett K. Wiseman, § 8. and left a voicemail for Defendant regarding the status of the case and, specifically, regarding the failure of Defendant to respond to discovery. On or about September 18, 2017, Plaintiff called | Declaration of Brett K. Wiseman, 9. Defendant again via telephone to follow up with Defendant regarding the discovery responses that were due. Defendant assured Plaintiff that Plaintiff would receive discovery responses no later than the end of the week, on September 22, 2017. Plaintiff indicated it would file motions if responses were not received by this time. As of the date of this Motion, Plaintiff still has ¢ Declaration of Brett K. Wiseman, § 10. not received Defendant's responses to Plaintiff’s Requests. despite Plaintiff”s attempts to meet and confer regarding this issue. Plaintiff propounded discovery in compliance with Cal. Code Civ. Proc. § 2033.010 et seq., which required a response from Defendant. As of the date of this Motion, Defendant has completely failed and refused to respond to Plaintiff’s Requests. Accordingly, Plaintiff respectfully requests an order deeming as admitted Plaintiff”s Requests, Nos. 1 through 63, propounded on Defendant pursuant to Cal. Code Civ. Proc. § 2033.280(b), and a further order of monetary sanctions against Defendant pursuant to Cal. Code Civ. Proc. § 2030.280(c). MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DEEM AS ADMITTED PLAINTIFF'S REQUESTS FOR ADMISSIONS, SET ONE, PROPOUNDED ON DEFENDANT LA COLINA HOMEOWNERS ASSOCIATION “J. M A D I S O N L A W , A P C 17 70 2 Mi tc he ll No rt h, Ir vi ne , CA 92 61 4 . Fa x (9 49 ) 75 6- 30 60 Te l (3 49 ) 75 6- 90 50 . . 2 16 III. LEGAL ARGUMENTS A. PLAINTIFF'S REQUESTS MUST BE DEEMED AS ADMITTED Defendant failed and refused to provide any responses to Plaintiff’s Requests. “If a party to whom requests for admission are directed fails to serve a timely response, {...] (b) [t]he requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for monetary sanctions...” (Cal. Code Civ. Proc. § 2033.280.) The code further directs that the Court shall make this order, unless proper responses are timely served prior to the hearing. (Cal. Code Civ. Proc. § 2033.280(c).) Pursuant to the extensions of time provided, Defendant's responses to the discovery requests were due on or about August 17, 2017. As of the date of this Motion. Plaintiff’s counsel has not received any responses whatsoever, despite this matter being particularly addressed by counsel. The Code therefore requires that this Court deem the requested admissions as admitted, absent responses being provided. Plaintiff therefore respectfully requests that this Court order that Plaintiff’s Requests, Nos. | through 63, propounded on Defendant on or about June 15, 2017, be deemed as admitted. B. PLAINTIFF IS NOT REQUIRED TO SUBMIT A SEPARATE STATEMENT Pursuant to California Rules of Court Rule 3.1345(b), a separate statement is not required when no response has been provided to the request for discovery. In light of Defendant's complete failure to serve Plaintiff with any responses or objections, Plaintiff does not need to prepare a separate statement in support of this Motion. Cc. PLAINTIFF IS NOT REQUIRED TO MEET AND CONFER Plaintiff attempted in good faith to meet and confer with respect to Defendants failure to respond to discovery. However, Plaintiff is not required to meet and confer when no response has been provided to the request for discovery. “If no response has been made to the interrogatories within the time permitted by Cal. Code Civ. Proc. § 2030(a), the rule [to meet and confer prior to filing a motion to compel discovery responses] does not come into play, and compliance therewith is not prerequisite to a motion to compel answers.” (See e.g., Leach v. Superior Court (1980) 111 Cal.App.3d 902, 906; See MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DEEM AS ADMITTED PLAINTIFF'S REQUESTS FOR ADMISSIONS, SET ONE, PROPOUNDED ON DEFENDANT LA COLINA HOMEOWNERS ASSOCIATION Fe M A D I S O N L A W , A P C 17 70 2 Mi tc he ll No rt h, le vi ne , CA 92 61 4 Te l (9 49 ) 75 6- 90 50 . .. Fa x (9 49 ) 75 6- 90 60 also Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal. App.4th 390, 411; Cal. Code Civ. Proc. § 2030.300(b).) Defendant completely failed to serve Plaintiff with any responses or objections to Plaintitf"s discovery requests, relieving Plaintiff of the requirement to meet and confer prior to filing her motion to compel discovery responses. Yet, Plaintift still attempted to meet and confer with Defendant after the responses were due, and waited more than a reasonable period of time for Defendant to provide responses before the filing of this Motion. D. DEFENDANT'S FAILURE AND REFUSAL TO PROVIDE RESPONSES TO PLAINTIFF'S REQUESTS IS A MISUSE OF THE DISCOVERY PROCESS One of the enumerated misuses of the discovery process set forth in Cal. Code Civ. Proc. § 2023.010 is. “[f]ailing 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).) Plaintiff served Defendant with Code-compliant Requests, to which Defendant completely failed and refused to provide responses. and thus. has completely failed to respond and submit to Plaintiff's authorized method of discovery. Monetary sanctions may be imposed on Defendant for its abuse of the discovery process. E. PLAINTIFF REQUESTS THIS COURT IMPOSE MONETARY SANCTIONS AGAINST DEFENDANT Defendant's failure to provide the required responses to Plaintiffs Requests justifies the imposition of monetary sanctions against Defendant. Cal. Code Civ. Proc. § 2033.280(c) states that, [i]t is mandatory that the court impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) on the party or attorney, or both, whose failure to serve a timely response to requests for admission necessitated this motion.” (Cal. Code Civ. Proc. § 2033.280(c).) Defendant has had Plaintiff"s Requests in its possession for approximately three months, and had multiple discussions with Plaintiff about the need to respond to these Requests. Defendant had ample MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DEEM AS ADMITTED PLAINTIFF'S REQUESTS FOR ADMISSIONS, SET ONE, PROPOUNDED ON DEFENDANT LA COLINA HOMEOWNERS ASSOCIATION -4- M A D I S O N L A W , A P C 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 . . Fa x (9 49 ) 75 8- 80 60 2 16 opportunity to provide responses even if the responses are late and chose instead to ignore the Requests and Plaintiff’s representations regarding Plaintiff’s intention to bring this Motion. Defendant necessitated this Motion and Plaintiff respectfully requests sanctions in an amount equal to $1,337.45. (See Declaration of Brett K. Wiseman, § 12.) IV. CONCLUSION Based on the foregoing, Plaintiff respectfully requests that this Court grant this Motion and order that Plaintiff's Requests for Admissions, Set One, Nos. 1 through 63, propounded on Defendant on or about June 15, 2017, be deemed as admitted, and that pursuant to Cal. Code Civ. Proc. §§ 2023.010 et. seq, including 2023.030, and 2033.010 et. seq., including 2030.280, Defendant to pay monetary sanctions to Plaintiff in the amount of $1,337.45. Respectfully submitted on this 3" day of October, 2017, by: MADISON LAW, APC 7 ) Brett K. Wiseman, Attorneys for Plaintiff MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DEEM AS ADMITTED PLAINTIFF'S REQUESTS FOR ADMISSIONS, SET ONE, PROPOUNDED ON DEFENDANT LA COLINA HOMEOWNERS ASSOCIATION -5- M A D I S O N L A W , A P 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- 90 50 . . ba 3 tn 6 I, Brett K. Wiseman, hereby declare as follows: 1. wn 6. DECLARATION OF BRETT K. WISEMAN I am an attorney licensed to practice law in the State of California. | am an associate with the law firm Madison Law, APC, counsel for Plaintiff Lenore Penney. I have personal knowledge as to the matters declared herein and can competently testify thereto if called upon to do so. I personally drafted the discovery requests in this matter. | have reviewed the files in this action and determined that on or about June 15, 2017, Plaintiff propounded on Defendant her Requests for Admissions, Set One, Nos. 1 through 63. Attached hereto as Exhibit “17 is a true and correct copy of Plaintiff’s Requests for Admissions, Set One. Defendant's responses to Plaintift”s Requests were due on or about July 20, 2017. On or about July 20, 2017 (the date responses were due). Defendant’s office requested a two- week extension of time to respond to the discovery, until August 3. 2017. This request was made by way of email. Attached hereto as Exhibit “27 is a true and correct copy of the July 20. 2017 email. On or about August 3, 2017, Defendant requested, and | granted, a further two-week extension until August 17, 2017. This request was also made by email. Attached hereto as Exhibit “37 is a true and correct copy of the August 3, 2017 email. Plaintiff did not receive any discovery responses on or betore August 17, 2017. Approximately one week afer August 17. 2017. an assistant with Defendant's counsel's office called me, and requested a further extension of time to respond. 1 stated that the time to respond had already expired, and requested to speak with the attorney handling the file in order to discuss what the situation was. | was informed that the attorney handling the file was unavailable. Instead. approximately one week later. Defendant's counsels office left a voicemail for Mr. Jim Sifers (the partner on the file with Plaintiff's counsel. who had never spoken to Defendant's counsel about the discovery). In this voicemail, the handling attorney thanked Plaintiff's counsel for providing a further extension of time to respond to discovery. Mr. Sifers forwarded me the voicemail message, indicating that he had no idea what it was about. [ therefore personally heard! this voicemail message. Notably, | did not provide an additional extension of time to respond to DECLARATION OF BRETT K. WISEMAN IN SUPPORT OF MOTION TO DEEM AS ADMITTED PLAINTIFF'S REQUESTS FOR ADMISSIONS, SET ONE, PROPOUNDED ON DEFENDANT LA COLINA HOMEOWNERS ASSOCIATION ]- M A D I S O N L A W , A P C 17 70 2 Mi tc he ll No rt h, Ir vi ne , CA 92 61 4 . Fa x (9 49 ) 75 6- 30 60 Te l (3 49 ) 75 6- 90 50 . . 9 10 16 9. I. which this voicemail could be referring, and no such extension appears anywhere in writing. Unfortunately, 1 did not keep a record of the date of these two telephone calls, though I have a firm recall of their content, as they were so unusual. On or about September 15, 2017, I called and left a voicemail for Defendant regarding the status of the case and, specifically, regarding the failure of Defendant to respond to discovery. On or about September 18, 2017, I was actually able to speak to with Ms. Ebert, counsel for Defendant, via telephone. I specifically addressed the discovery responses that were due. 1 insisted, and Ms. Ebert assured me, that Plaintiff would receive discovery responses no later than the end of the week, on September 22, 2017. 1 indicated that I would file motions if responses were not received by this time. Plaintiff did not receive discovery responses by September 22, 2017. Instead, as of the date of this Motion, Plaintiff s#ill has not received Defendant's responses to Plaintiff's Requests. tis now approximately four and a half months after the discovery requests were served. Defendant has received two written extensions, totaling four weeks. Defendant attempted to invent a third extension by way of a voicemail message. Defendant received yet a final opportunity to avoid motions by way of the September 18, 2017 telephone conversation with a firm one-week deadline. Though Plaintiff is not obligated to meet and confer in the context of this motion to compel discovery responses, it does not appear to Plaintiff that any further meet and confer efforts would be fruitful. I have reviewed the files in this action and determined that Defendant's failure to provide discovery responses has had the effect of hindering Plaintiff’s efforts to conduct discovery and to prepare for trial in this action, which is now set for July 23, 2018. 1 am an attorney in good standing with the California Bar. 1 was admitted to practice on December 1, 2009, and have practiced in Southern California since that time, and primarily in Orange County. Through my practice I have gained a familiarity with billable rates for similar work in Orange County. My billable rate on this matter is $325 per hour. 1 am informed that this is below the regular rate charged to clients by this firm and that this rate is regularly paid. It is my experience that this rate is a reasonable rate for similar work in this area of practice and DECLARATION OF BRETT K. WISEMAN IN SUPPORT OF MOTION TO DEEM AS ADMITTED PLAINTIFF'S REQUESTS FOR ADMISSIONS, SET ONE, PROPOUNDED ON DEFENDANT LA COLINA HOMEOWNERS ASSOCIATION I. M A D I S O N L A W , A P 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 ) 75 6- 30 50 . . . Fa x (9 49 ) 75 6- 90 60 2 ~J (= this geographical area. 1 spent 2.6 hours in revising and finalizing the instant motion and preparing the declaration; I hour was expended by law clerk Paige Counsman in reviewing the underlying discovery and preparing the instant motion and memorandum of points and authorities. The work performed by the law clerks at this firm is billed at the rate of $125.00. At the stated billing rates, this represents a fee of $970.00. I anticipate spending I hour to review any opposition to the motion and prepare a reply. 1 further anticipate spending 1 hour to personally appear at the hearing on this matter. I acknowledge that the motions to compel are likely to be heard on the same day and there is an implicit chance of multiple recovery if 1 hour appearance time is requested for each motion despite requiring a single appearance. Therefore, if the motions are so scheduled on the same day, | apportion the time required to appear between each motion. for 0.3 hours estimate of time to appear on the instant motion. This represents a total expenditure of time invested on this motion to compel of 4.9 hours, (3.6 hours to prepare, | hour to review and respond to opposition, .3 hours to appear at hearing). This represents a total attorneys” fee of $1,267.50 for this Motion. The filing fee for this Motion is $69.95. The total cost of having to bring this Motion is $1,337.45. I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct as to the matters declared based on information which I believe to be true. Executed at Irvine, California. Respectfully submitted 3" day of October. 2017. by: Brett K. Wiseman DECLARATION OF BRETT K. WISEMAN IN SUPPORT OF MOTION TO DEEM AS ADMITTED PLAINTIFF'S REQUESTS FOR ADMISSIONS, SET ONE, PROPOUNDED ON DEFENDANT LA COLINA HOMEOWNERS ASSOCIATION 23. EXHIBIT “1” M A D I S O N H A R B O R , AL C Fa x (9 49 ) 75 6- 80 80 17 70 2 Mi tc he ll No rt h tr vi ne , CA 92 61 4 Te l (9 49 ) 7 5 6 - 8 0 5 0 +e a2 th 6 All Parvaneh, SBN 218320 aparvaneh(@madisonharbor.com James S. Sifers, SBN 259105 jsifers@@madisonharbor.com Brett K. Wiseman, SBN 265770 bwiseman@madisonharbor.com MADISON HARBOR, ALC 17702 Mitchell North Irvine, California 92614 Telephone: 949-756-9050 Facsimile: 949-756-9060 Attorneys for Plamntitt Lenore Penney SUPERIOR COURT OF STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE LENORE PENNEY, an individual, Case No.: 30-2017-00899493-CU-BC-CXC Plaintiff ASSIGNED FOR ALL PURPOSES wo: amtitt, Hon. Peter J. Wilson v. Dept. C13 LA COLINA HOMEOWNERS ASSOCIATION, PLAINTIFF LENORE PENNEY'S a California non-profit corporation; and DOES | REQUESTS FOR ADMISSIONS through 10, inclusive, PROPOUNDED ON DEFENDANT LA COLINA HOMEOWNERS ASSOCIATION, SET ONE Defendants. Filed Date: January 24, 2017 Trial Date: July 23, 2018 PROPOUNDING PARTY: Plamtiff Lenore Penney RESPONDING PARTY: Defendant La Colina Homeowners Association SET NUMBER: One Pursuant to Cal. Code Civ. Proc. § 2033.010 et seq., Plaintiff Lenore Penney hereby requests that Defendant La Colina Homeowners Association, adnut the truthfulness of the following facts and the genuineness of the following documents within 30 days, separately and fully in writing and under oath. PLAINTIFF'S REQUESTS FOR ADMISSIONS PROPOUNDED ON DEFENDANT. SET ONE 1a Fa x (9 49 ) 7 5 6 - 9 0 6 0 M A D I S O N H A R B O R A L C 17 70 2 Mi tc he it No rt h, Ir vi ne , CA 9 2 6 1 4 Te t (0 48 ) 7 8 6 - 9 0 5 0 = If a Request for Admission cannot be fully answered, answer it to the extent possible. You are required to make a good faith effort to obtain the information from sources reasonably available 10 you. The responses, as required by Cal. Code Civ. Proc. § 2033.220, et seq. which states that a response “must be, as complete and straightforward, as the information available reasonably permits’ |. . and shall admit so much of the matter as is true . . . or as reasonably and clearly qualified by the responding party.” (Weil and Brown, Civil Procedure Before Trial at 8:1323, citing Cal. Code Civ. Proc. § 2033.220(b) (1). A demal must be unequivocal. Cal, Code Civ. Proc. § 2033.210, et seq. See Holguin v. Sup Cr. (1972) 22 CA3d 812, 820, 820; and Smith v. Circle P Ranch Co., Inc. (1978) 87 C.A.3d 267, 275.) Under Cal. Code Civ. Proc. § 2033.420, if the responding party unreasonably denies a request | for admission, that party may be ordered to pay the costs and attorneys’ fees incurred by the requesting party in proving that matter at tnal after the request for admission was denied. (Garcia v. Hyster Co. (1994) 28 Cal. App. 4th 724; Wimberly v. Derby Cycle Corp. (1997) 36 C A 4th 618, 635-638.) The | imposition of this sanction is mandatory and the requesting party need not prevail at trial in order to be entitled to the sanction. A party's failure to undertake an investigation when the information was at | hand does not support the party's denial of admission and cost-of-proof sanctions were proper. (Smith v. Circle P Ranch Co., Inc. (1978) 87 C.A.3d 267, 276.) The requesting party need only has to show that he 15 entitled to “reasonable expenses incurred . |. including reasonable attorneys’ fees” in proving matters unreasonably denied. (Cal. Code Civ. Proc. § 2033.420.) REQUESTS FOR ADMISSIONS REQUEST FOR ADMISSION NO. 1: Admit that the document attached as Exhibit 1” entitled “Declaration of Covenants, Conditions and restrictions (Tract No. 8108),” 1s genuine. REQUEST FOR ADMISSION NO. 2: Admit that the document attached as Exhibit “27 entitled “Rooter Hero Plumbing Home Improvement Contract, Invoice # 209071773. 1s genuine. PLAINTIFF'S REQUESTS FOR ADMISSIONS PROPOUNDED ON DEFENDANT. SET ONE “2. Fa x (9 49 ) 75 6- 90 6C M A D I S O N H A R B O R AL C 17 70 2 Mi tc he ll No rt h, le vi ne , CA 9 2 6 1 4 Te l (9 45 8) 76 6- 80 50 + [9 8 C e ~~ a N w n A i6 17 18 REQUEST FOR ADMISSION NO. 3: Admit that the document attached as Exhibit “3” entitled “Wise Choice Plumbing Invoice # 12586.” is genuine. REQUEST FOR ADMISSION NO. 4: Admit that the document attached as Exhibit “4” entitled “Rooter Hero Plumbing Home improvement Contract, Invoice # 213319194,” is genuine. REQUEST FOR ADMISSION NO. 5: Admit that the document attached as Exhibit “5” entitled “Rooter Hero Plumbing Home Improvement Contract, Invoice # 215918748," is genuine. REQUEST FOR ADMISSION NO. 6: Admit that the document attached as Exhibit “6” entitled “Rooter Hero Plumbing Home Improvement Contract, Invoice # 215983942." is genuine. REQUEST FOR ADMISSION NO. 7: Admit that the document attached as Exhibit “77 entitled “Rooter Hero Plumbing Home Improvement Contract, Invoice # 217986023,” 1s genuine. REQUEST FOR ADMISSION NO. 8: Admit that the document attached as Exhibit “8” entitled “Rooter Hero Plumbing Customer Breakdown, dated August 24. 2015,” 1s genuine. REQUEST FOR ADMISSION NO. 9: Admit that the document attached as Exhibit “9” entitled “Wise Choice Plumbing Invoice # 11747." 1s genuine. PLAINTIFF'S REQUESTS FOR ADMISSIONS PROPOUNDED ON DEFENDANT, SET ONE - -3- [3 ] 2 Fa x (3 48 ) 76 8- 90 60 M A D I S O N H A R B O R , AL C 17 70 2 Mi tc he ll No dt h, Ir vi ne , CA 92 61 4 Te l (9 49 ) 75 6- 80 50 »« a ta REQUEST FOR ADMISSION NO. 10: Admit that the document attached as Exhibit “10” entitled “PRC Reconstruction Contractors, Inc., Estimate # S-16-1459-RP,” is genuine. REQUEST FOR ADMISSION NO. 11: Admit that PLAINTIFF is the legal owner of the PROPERTY. {The term “PLAINTIFF” as used here will refer to Plaintiff Lenore Penney, her employees, agents, representatives, predecessors, SUCCESSOrs, investigators, attorneys, partners, joint venturers, and anyone else acting on her behalf, The term "PROPERTY" as used herein will refer to the property commonly known as 1051 Regis Way, Tustin, California 92780] REQUEST FOR ADMISSION NO. 12: Admit that the PROPERTY is located within a neighborhood known as The Colony. REQUEST FOR ADMISSION NO. 13: Admit that YOU are the homeowners association governing the The Colony. [The terms "YOU" and “YOUR as used herein will refer to Defendant La Colina Homeowners Association, its employees, agents, representatives, predecessors, successors, investigators, attorneys, partners, joint venturers, and anyone else acting on its behaif. | REQUEST FOR ADMISSION NO. 14: Admit that YOU are the homeowners association governing the PROPERTY. REQUEST FOR ADMISSION NO. 15: Admit that YOU have an obligation to manage and maintain the common areas of The Colony. REQUEST FOR ADMISSION NO. 16: Admit that YOU have the obligation to landscape and maintain the landscaping upon the PLAINTIFF'S REQUESTS FOR ADMISSIONS PROPOUNDED ON DEFENDANT SET ONE 4 Fa x (9 49 ) 75 6- 90 60 M A D I S O N H A R B O R , AL C 17 70 2 Mi tc he it No rt h, Ir vi ne , CA 92 61 4 Te l (9 49 ] 75 6- 80 50 wom e k a S N in Bs W b - a J portions of the lots which are not enclosed by walls or fences within The Colony. REQUEST FOR ADMISSION NO. 17: Admit that YOU have the obligation to maintain driveways within The Colony. REQUEST FOR ADMISSION NO. 18: Admit that YOU have the obligation to maintain walkways, except such portion of walkways as are within portions of the lot enclosed by walls or fences, within The Colony. REQUEST FOR ADMISSION NO. 19: Admit that YOU have the obligation to maintamn common sidewalks and walkways within The Colony. REQUEST FOR ADMISSION NO. 20: Admit that YOU have the obligation to maintain all other areas, facilities, equipment, services, of aesthetic components of whatsoever nature as may from time to time be requested by the vote or written consent of two-thirds of the Members within The Colony. REQUEST FOR ADMISSION NO. 21: Admit that there the FIG TREE 1s growing immediately outside the PROPERTY. [The term FIG TREE as used herein will refer to the fig tree growing immediately outside of the PROPERTY, located in the front of the PROPERTY and which is the subject of this litigation. ] REQUEST FOR ADMISSION NO. 22: Admit that the FIG TREE is within the common areas of The Colony. REQUEST FOR ADMISSION NQ. 23: Admit that the FIG TREE is part of the landscaping not enclosed by a wall or fence within the PLAINTIFF'S REQUESTS FOR ADMISSIONS PROPOUNDED ON DEFENDANT. SET ONE -5- Fa x {9 48 } 75 6- 90 60 M A D I S O N H A R B O R . AL C 17 70 2 Mi tc he li No rt h, vi ne , CA $2 61 4 Te l (8 49 ) 75 6- 90 50 »e 2 2 I La N a 2 wn da 2 Colony. REQUEST FOR ADMISSION NO. 24: Admit that PLAINTIFF has complained to YOU on more than one occasion regarding damage caused by the FIG TREE. REQUEST FOR ADMISSION NO. 25: Admit that PLAINTIFF has requested on more than one occasion that YOU remove the FIG TREE. REQUEST FOR ADMISSION NO. 26: Admit that the sideway immediately adjacent to the FIG TREE 1s severely cracked and upraised. REQUEST FOR ADMISSION NO. 27: Admit that the roadway adjacent to the FIG TREE is severely cracked and upraised. REQUEST FOR ADMISSION NO. 28: Admit that PLAINTIFF'S driveway on the PROPERTY is cracked and upraised. REQUEST FOR ADMISSION NO. 29: Admit that PLAINTIFF'S front walkway from the entrance to the street and leading to the front doorway on the PROPERTY is cracked and upraised. REQUEST FOR ADMISSION NO. 36: Admit that PLAINTIFF'S front walkway from the entrance to the street and leading to the front doorway on the PROPERTY is discolored from water damage. PLAINTIFF'S REQUESTS FOR ADMISSIONS PROPOUNDED ON DEFENDANT, SET ONE -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, tn vi ne . C A 9 2 6 1 4 Fa x (3 49 ) 75 6- 90 60 Tel (9 48 ) 75 6- 00 50 +o REQUEST FOR ADMISSION NO. 31: Admit that PLAINTIFF has retained several plumbers to perform work on the PROPERTY. REQUEST FOR ADMISSION NO. 32: Admit that PLAINTIFF has paid plumbers no less than $81,050.00 for work done on the PROPERTY. REQUEST FOR ADMISSION NO. 33: Admit that PLAINTIFF has paid plumbers no less than $81,050.00 to perform repairs to the PROPERTY as a result of the FIG TREE. REQUEST FOR ADMISSION NO. 34: Admit that the PROPERTY required an additional $9,010.40 in repairs to the piping and plumbing systems on the PROPERTY as a result of the FIG TREE. REQUEST FOR ADMISSION NO. 35: Admit that the PROPERTY required an additional $9,010.40 in repairs to the piping and plumbing systems on the PROPERTY as a result of damage from the FIG TREE. REQUEST FOR ADMISSION NO. 36: Admit that FIG TREE damaged the piping in and on the PROPERTY. REQUEST FOR ADMISSION NO. 37: Admit that plumbers replaced piping on the PROPERTY due to damage from the FIG TREE. REQUEST FOR ADMISSION NO. 38: Admit that tree roots were found growing inside the piping on the PROPERTY. PLAINTIFF'S REQUESTS FOR ADMISSIONS PROPOUNDED ON DEFENDANT, SET ONE 7 -f- Fa x { 9 4 9 7 5 6 - 8 0 6 0 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 9 2 6 1 4 Te i (9 48 ) 7 6 6 - 9 0 5 0 se 2 wh d s WwW REQUEST FOR ADMISSION NO. 39. Admit that YOUR insurance carrier sent an inspector to the PROPERTY to inspect the premises. REQUEST FOR ADMISSION NO. 40: Admit that YOU have pictures of the contents of one of the sections of piping removed from the PROPERTY. REQUEST FOR ADMISSION NO. 41: Admit that YOU have pictures of the flooring of the PROPERTY. REQUEST FOR ADMISSION NO. 42: Admit that there is visible water damage to the flooring of the PROPERTY. REQUEST FOR ADMISSION NO. 43: Admit that the damage to the driveway and walkway on the PROPERTY was caused by the FIG TREE. REQUEST FOR ADMISSION NO. 44: Admit that the damage to the driveway and walkway on the PROPERTY was visible from the sidewalk. REQUEST FOR ADMISSION NO. 45: Admit that YOU had notice prior to the filing of this action that the driveway and walkway on the PROPERTY were damaged. REQUEST FOR ADMISSION NO. 46: Admit that YOU had notice prior to the filing of this action that the driveway and walkway on the PROPERTY were damaged by the FIG TREE. PLAINTIFF'S REQUESTS FOR ADMISSIONS PROPOUNDED ON DEFENDANT, SET ONE _8. Fa x (G 49 ) 75 6- 80 60 M A D I S O N H A R B O R , AL C 17 70 2 Mi tc he ll No rt h, ir vi ne . CA 92 61 4 Te l (9 49 ) 7 5 6 - G 0 5 C ne 2 T d o e 3 BJ Bo 3 Fe at to d REQUEST FOR ADMISSION NO. 47: Admit that YOU knowingly failed to provide any attempt to cure, whatsoever, the damage caused on the PROPERTY by the FIG TREE. REQUEST FOR ADMISSION NO. 48: Admit that the damaged piping on the PROPERTY is preventing the ordinary flow of water and waste through the piping. REQUEST FOR ADMISSION NO. 49: Admit that PLAINTIFF informed YOU that PLAINTIFF has experienced foul odors and other emissions of gas from the piping on the PROPERTY. REQUEST FOR ADMISSION NO. 50: Admit that PLAINTIFF has experienced foul odors and other emissions of gas from the piping on the PROPERTY. | REQUEST FOR ADMISSION NO. 51: Admit that PLAINTIFF informed YOU that PLAINTIFF was sickened by the odors and other emissions of gas from the piping on the PROPERTY. REQUEST FOR ADMISSION NO. 52: Admit that PLAINTIFF was sickened by the odors and other emissions of gas from the piping on the PROPERTY. REQUEST FOR ADMISSION NO. 53: Admit that the damage to the piping on the PROPERTY and the resulting and ongoing water damage and emissions of gas on the PROPERTY constitute an obstruction of PLAINTIFF'S free use of the PROPERTY which interferes with PLAINTIFF'S comfortable enjoyment of life and the PLAINTIFF'S REQUESTS FOR ADMISSIONS PROPOUNDED ON DEFENDANT, SET ONE 9. ws Fa x (9 49 ) 75 6. 90 60 M A D I S O N H A R B O R , A L C 17 70 2 Mi tc he ll Na th . ir vi ne , CA 9 2 6 1 4 Te t (9 49 ) 75 6- 90 50 PROPERTY. REQUEST FOR ADMISSION NO. 54: Admit that YOU have failed to maintain The Colony’s common areas. REQUEST FOR ADMISSION NO. 55: Admit that PLAINTIFF has performed all obligations required of her under the CC&Rs. | REQUEST FOR ADMISSION NO. 56: Admit that YOU have breached the CC&Rs as a result of YOUR failure to maintain The Colony's common areas. REQUEST FOR ADMISSION NO. 57: Adit that PLAINTIFF has not consented to YOUR failure to mamtain The Colony ’s common areas. REQUEST FOR ADMISSION NO. 58: Admit that PLAINTIFF'S PROPERTY has been damaged as a direct result of YOUR failure to maintain The Colony’s common areas. REQUEST FOR ADMISSION NO. 59: Admit that PLAINTIFF has been harmed, annoyed, and disturbed by YOUR failure to maintain The Colony’s common areas. REQUEST FOR ADMISSION NO. 60: Admit that PLAINTIFF exhausted all attempts to cause YOU to cure the condition in The Colony’s common areas prior to commencing this litigation. PLAINTIFF'S REQUESTS FOR ADMISSIONS PROPOUNDED ON DEFENDANT, SET ONE -10- Fa x (8 49 ) 75 66 -9 06 0 M A D I S O N H A R B O R . AL C 17 70 2 Mi tc he ll No rt h. ir vi ne , C A 92 61 4 Te i (9 49 ) 75 6- 90 80 +» 2 HH Ww L h 6 REQUEST FOR ADMISSION NO. 61: Admit that the FIG TREE constitute a nuisance on PLAINTIFF'S PROPERTY. REQUEST FOR ADMISSION NO. 62: Admit that the PLAINTIFF has done nothing to prevent YOUR ability to maintain The Colony’s cOMmMOon areas. REQUEST FOR ADMISSION NO. 63: Admit that PLAINTIFF has not prevented YOU from removing the FIG TREE or otherwise curing any damages caused to the PROPERTY by the FIG TREE. Dated on this 15" day of June, 2017, by: MADISON HARBOR, ALC pe rea ¢ Ye James S. Sifers, Attorneys for Plamuft PLAINTIFF'S REQUESTS FOR ADMISSIONS PROPOUNDED ON DEFENDANT. SET ONE “11 M A D I S O N H A R B O R AL C 17 70 2 Mi tc he ll No rt h, ir vi ne , CA 82 61 4 Te l (9 48 ) 75 6- 90 50 «=» Fa x (9 48 ) 75 6- 90 60 | 3 %] ba bo [5 ] r a a ba (9 41 DECLARATION OF JAMES S. SIFERS 1, lames S. Sifers, hereby declare as follows: I. I am an attorney licensed to practice law in the State of California. This law firm Madison Harbor, ALC, and I represent the Plaintiff in this matter. | have personal knowledge as to the matters declared herein and can competently testify thereto if called upon to do so. 2 I am propounding to Defendant La Colina Homeowners Association, the attached Requests for Admission. 3. This set of Requests for Admission will cause the total number of requests propounded to exceed the number of requests permitted by Cal. Code Civ. Proc. § 2030.030(a). 4. This set of Requests for Admission contains a total of 63 requests. & I am familiar with the issues and the previous discovery conducted by all the parties in this case. | This is the first set of Requests tor Admission propounded in this case and all of the discovery propounded herein relates to the factual allegations in the Complaint. 6. | have personally examined each of the Requests in this set of Requests for Admission. ~. 1 This number of Requests for Admission is warranted under Cal. Code Civ. Proc. § 2030.040 because these causes of action include various factual issues stated in the Complaint. All of the Requests for Admission refer to the causes of action and or the factual allegations in the recently filed Complaint. 8. None of the Interrogatories in this set of Requests for Admission are being propounded for any improper purpose, such as to harass the party, or the attorney for the party, to whom it is directed, or to cause unnecessary delay or needless increase in the cost of litigation. I hereby declare under penalty of perjury under the law of State of California that the foregeing 1s true and correct. Executed at Irvine, California. Dated on this 15" day of June. 2017, by: James S. Sifers PLAINTIFF'S REQUESTS FOR ADMISSIONS PROPOUNDED ON DEFENDANT. SET ONE _12- Exhibit “1” home yr tir ¢ SAFELY 00 ly, Ll Sa - [rm ei od mn eens aa 3 7 REEF IN 8 06 5 ney 1 g Wo. 5 OF Wl Somty Gig MOA resin: A-------- Moe, Op, it PR IMIIGIOTE KL OWYUE CARLYLE, Lasntp Secatler DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 15 . ce o) id {TRACT NO, 81048 } THIS DECLARATION OF COVENANTS, CONDITIONS AMD RESTRICTIONS fe made this [AE day ot , 197% , by THE WARMINCTON COMPANY, a Cal crnia corporation (*Declarant®}, A. Declarant is the owner of certain real property in the County of Oranga , State of California, described as lots i through $9, inclusive, and Lot A of Tract No. 8108 (hereinafter referred to am the "Properciea™), ae vr map recorded {n Rook a= 38 . pages off through db tnclusive, of Miscellaneous Maps in the Office of the County Recorder of Orange County. B. Declarant has deemed it desirable to impose a general plan Por the improvement and development of the Properties ard the adoption and establishment of coverants, conditions and restrictions upon Lhe real property snd each and covery lo! and portion thercaf and upcn the use, cccupancy and enjoyment thersof, all tor the purpose of erhancing and protecting the value, desirability and attractiveness of the Properties. Cc. Declarant has deemed it dosirable for the efficient preservation of the value, desirobility and attractiveness af the Properties and any additional property which may be annexed thereio, pursuant to the previsions of this Declaration, to create a corporas tion te which should Le delegated and assigned the powers Gf nain- taining and sdaipistering the cormon sted ard adsinistoring and ote forcing theae toventnit, conditions and restrictions and collecting aed . £00; ED disbursing funds pursuant to the sssessment and dda 2 aftor created and referred to. Bo LA COLINA HCHMEGWNERS ASSOCIATION, 8 nonprofit cor- . poration, hag been incorporoted under the lows of the State of California for the purpose of exercising the powsrs and functions aforesaid, £. Declarant wil) convey title to all of the lots in tha Properties subfect to certain protective covenants, conditions and restrictions hareinafter set forth. ROW, THEREFORE, Declarant hereby covenants, agrees and declares that sll of the Propertics shall be hald, sold and con-~ veyed subject to the following covenants, conditions, restrictions and e2sements which are hereby declared to be for the benefit of the whole tract and 311 of the Properties and the ownera thereof, their successors and assigns. These covenants, conditions, restrictions and easements shall run with the Properties and shall be binding on all partics having or acquiring any right, title or {ntercst tn the Properties or any part thercol and shall inure to the benefit of esch owner thevec! and arse icposed upon the Properties and every part thereof as 2 servitude in favor of each and every parcel thereof as the dominant tenernént cr tenements. I DEFINITIONS Section 1. The term “Properties” as used herefn shall mean and refer to that corta:n real property fn the State of california, dascrited as Lots 1 through $5, inclusive, and Lot A of Tract BiO®, as per map recorded in BOCK JL ST pages L/ through Ae, inclusive, of Miscel!lancous Maps, (nn the Office of the County Recorder of Crange County. Section 1, The term "lott as weed herein shall scan ond refer LO any nuctcetred plot of land TT se Cy The law requires that the contractor give you a notice explaining your right to cancel initial the checkbox if the contractor has given you a "Notice of the Three-Day Right ts Cancel.” ACCEPTANCE OF WORK PERFORMED - | find the service snd materials rendered and installed in connection with the above meationed, to have been completed in a satisfactory manner. | agree that the amount set forth on this contract, $8,250.00, to be the total and complete Contract Price/ minimum charge. | to pay reasonable & “s fees and court costs in the event of legal action. A monthly service fae of 1 172% wifl be after 10 2 ches that | have read and received a legible copy of this contract and have read the Notice to Owner, snd statement required on contract Workers’ Compensation insurance Rooter Hero Plumbing carries workers’ comp ion insurance for sit employees. Note About Extra Work and Change Grders: Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prios to the commencement of any work covered by the new change order. The order must describe the scape of the extra work or change, the cost to be added ar subtracted from the contract. and the effect the order will have on the schedule of You, Ay er, may not require & contractor to perform extra or change-order work without providing written authorization prior to the commencement of any work covered by the new change order. Extra wotk or a change order is not enforceable against a buyer unless the henge order also identifies all of the following in writing prior to the commencement of any work covered by the new change order: (i) The scope of work encompassed by the order. {iT} The amount to be added or subtracted from the contract. {lil} The effect of the order will make in the progress payments or the completion date. The contractor's failure to comply with the requirements of this paragraph does not preciude the recovery of compensation for work performed upon legal or equitable nadie designed to prevent unjust enrichment. Exhibit ©“5” The ‘Notice of Cancellation’ may be sent to: Rooter Hero Plumbing Invoice 215918748 . ® invoice Date 5/31/2016 Completed Date 5/31/2015 Technician 3052 Mario Romero 1328 S. Altec Street, Ansheim, Ca. 92805 Lic. #103992 5p 888-929-4376 Lic# 973014 Home Improvement Contract Billing Address Jobs Address Lenore Penn Lenore Penny 1051 Regis Way 1651 Regis Wa Tustin, CA 92780 USA Tustin, CA 92780 USA Description of Work Your Your Task # Description Quantity Price Total (03400 Upon arrwal we tried cabling this kitchen be By this fine had an obvious problem sowe dida 600 $000 $0006 camera inspection on this line, exposing the breakage in the 2 inch kitchen dram We wii be setting up containment in the kitchen, and excavating the kitchen tioor Once the demo 1 complete we will be repairing the broken section of pipe approximately 3 feet with new 2 wich ABS pipe. We will be be pulling permits on the scope of wark and it will be inspected by the oty The scope of work will come with 3 20 year warranty and 3 two year warranty on drains This price of $8600 00 indudes semor discount M3902 MISC PLUMBING 149 $500G0 $506000 M3902 MISC PLUMBING 165 $4500 0G $4500 00 mB Paid On Type Memo Amount 5/2/2015 Check 693% $5.G0C 00 Subs-Totaf $5.00600 Tax $800 Total Due $500000 Payment $500600 Batance Due $060 Thank you for choosing Rooter Hero Plumbing!! We appreciate your confidence Credit Card Payment Authorization Print Mame belows 34 it appears on credit (ard Payment Type Credit Car of ve Date Exp AUTHORIZATION OF WORK PAYMENT OF THIS INVOICE/CONTRACT DUE UFON COMPLETION OF WORK AUTHORIZATION YO PROCEED WITH ABOVE RECOMMENDATION - 1 the undersigned. am owner /suthorized re resentative tenant of the premises at which the work mentioned above is to be done by registered hame improvement salesperson, 30: . 1 agree that this contract is fully executed by both parties and shail have been received fully executed when it is transmitted by emait to customer and customer agrees that upon the electronic transmission, work can commence on the project. You, the homeowner (buyer) or tenant have the tight 10 require the contractor to to furnish you with a performance and payment hong however the contractor can require you to pay for that bond Upon satisfactory payment being made for any partion of the work performed, the Contractor shal), prior to any further payment being made. furnish to the person contracting for the home i mprovernent work & full and unconditional release from any daim of mechanic's lien for any person entitied to make such a claim of hen PUTSUANL to Sections 8400 and 8404 of the Civil Code for that portian of the work for which payment has been made THE DOWNPAYMENT MAY NOT EXCEED $1,000 OR 10 PERCENT OF THE CONTRACT PRICE, WHICHEVER 1S LESS. You are entitied to a completely filled in copy of this agreement, signed by both you and the contractor, before any work may be started. Approximate Start Date: Approximate End Date: 7 A / The law requires thet the contractor give you 3 notice es a your right to cancel. Initial the checkbox if the contractor has given you a "Notice of the Three-Day Right to Cancel.” ACCEPTANCE OF WORK PERFORMED - | find the service and materials randered and installed in connection with the above mentioned, to have been completed in a satisfactory manner, | agree that the amount set forth on this contract, $5,000.00, to be the tots! and complete Contract Price/ minimum charge. | 8 to pay reasonable attorney's fees and court costs in the event of | action. A monthly service fee of 1 1/2% will be added after 18 days. | acknowt that t have read and received a copy of this contract and have read the Notice to Owner, for fren required on contract. Workers’ Compensation tasursnce Rooter Hero Plumbing carries workers’ compensation insurance for all employees. Note About Extra Work and Change Orders: Extra Work and Change Orders become part of the contract ance the order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new change order. The i must describe the scope of the extra work or change, the cost to be or subtracted from the contract, and the effect the order will have on the schedule of 15, e ny the 7, MAY Not require 2 contractor to perform exera or change -arder work without providing written authorization prior to the commencement of any work covered by the new change order. Extrs work or a change order is not enforceable against a buyer unless the change order afso identifies aft of the following in writing prior to the commencement of any work covered by the new change orde {i} The scope of work encompassed by the order, {if) The amount to be added or subtracted from the contract. {Hi} The effect of the order wilt make in the progress payments of the completion date. The contractor's failure to comply with the requirements of this Paragraph does not preclude the og, hd compensation for work performed based upon legai or equitable remedies designed to prevent unjust enrichment. re Exhibit “6” Rooter Mere Plumbing invoice 215983942 . ® invoice Date 6/17/2015 Completed Date 6/9/2015 The ‘Natice of Cancelistion’ may be sent to. Technician 3052 Mario Romero 1328 S. Allec Street, Anaheim, Ca. 92805 Lic. #103892 Sp 888-929-4376 Lic# 873014 Home Improvement Contract Billing Address Job Address Lenore Penny Lenore Penny 1051 Regis Way 1053 Regis Was Tustin, CA 92780 USA Tustin, CA 92780 USA Description of Work Task # Description Quantity Your Price Your Yotal M9502 MISC PLUMBING 100 $860.60 $860 00 M9502 18 MISC PLUMBING 100 $7746 00 $7.2400C Paid On Type Memo Amount 5/9/2015 Check £96 $8,600 00 Sub-Total $B.B0U 0S Tax $000 Total Due $850000 Payment $8606 C0 Balance Due $000 Thank you for choosing Rooter Hero Plumbing!! We appreaate your confidence Credit Card Payment Authorization Print Name below as it appears on credit cara Payrnent Type Credit Card # ove Date EXP Fir acc AUTHORIZATION OF WORK PAYMENT OF THIS INVOICE/CONTRACT DUE UPON COMPLETION OF WORK AUTHORIZATION TO PROCEED WITH ABOVE RECOMMENDATION - 5. the undersigned, am owner /authorized representatives tenant of the premises at which the work mentioned above « to be done Dy registered home improvement salesperson, 3057 Mario Romera - 103952 $P.1 hereby authorize you to perform Recommendations, and 10 use such labor and materials as you deem advisable. A monthly service charge of 1 7: % will be added after 10 days | agree to pay reasonable attorney's fee and court Costs in the event of legal actior If my check does nt clear. | realize t could be liable for 3 times the amount of the check, in no case more than $1,500 and in no case less than $100 as set forth in the California Civil Code Section 1719, plus the face value of the check and court costs | have read this contrac, including the Terms and Conditions and agree te bebound by all of the terms comaned here. | have secaived »copy of this cantract and Notice 10 Owner. All parts will be removed from premises and discarded unless otherwise specified herein t hereby authorize you 16 proceed with the above work at the Contract Price of $6 09 I agree that this contract is fully executed by both parties and shall have been received fully executed when it 1s transmitted by email to customer, and customer agrees that upon the electronic transmission, work can commence on the project You, the homeowner (buyer) or tenant have the right to require the contractor to 1o furnish you with a performance and pay ment band however the contractor can require you te pay for that bond Uipen satisfariory payment being made for any portion of the work performed, the Contractor shal, priof ta any further payment being made, furnish to the person contracting for the home improvement work a full and unconditional refease from any claim ol Degehunet 5 lien for any person entitled to make such a dam of lien pursuant to Sections 8400 and 8404 of the Civil Cage tor that portion of the wark for which payment has heen made THE DOWNPAYMENT MAY NOT EXCEED $1,000 OR 10 PERCENT OF THE CONTRACT PRICE, WHICHEVER IS LESS. You are entitled to a completely filled in copy of this agreement, signed by both you and the contractor, before any work may be started. Approximate Start Date: Approximate End Date: The law requires that the contractor give you a notice ex nining your right to cancel. Initial the checkbox if the contractor has given you a2 "Notice of the Three-Day Right to Cancel.” ACCEPTANCE OF WORK PERFORMED - | find the service and materials rendered and installed in connection with the above mentioned, to have been completed in » satisfactory manner. | agree that the amount set forth on this contract, $8,600.00, to he the totst and complete Contract Price/ minimum charge. | agree to pay reasonable attomey’s fees and court costs in the event of legal action. A monthly service fee of 1 1/2% wil be added after 10 days. | scknosdedas that have read and received a legible copy of this contract and have read the Notice to Owner, and statement required on contract. Workers’ Compensation insurance Rooter Hero Plumbing carries workers’ compensation insurance for afl employees. Note About Extra Work and Change Orders: Extra Work and Change Orders become part of the contract once the order is phapined in writing and signed by the parties prioT to the commencement of any work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of progress payments, You, the buyer, may not require a contractor to perform extrs or change-crder work without providing written sutharization prior to the commencement of any wark covered by the new change order. Extra work ot a change order is not enforceable against s buyer unless the change ceder also identifies all of the following in writing prior to the commencement of any work covered by the new change arder {if The scope of work encompassed by the order. {ii} The amount to be added or subtracted from the contract. (ii1) The effect of the order will make in the progress payments or the completion date. The contractor's failure to tamgly with the requirements of this paragraph does riot preclude the recovery of compensation for work performed based upon legal or equitable remedies designed 10 prevent unjust enrichment. Exhibit “7” Rooter Hero Plumbing Invoice 217986023 . - Invoice Date 8/3/2015 Completed Date 8/6/2015 Technician 3052 Mario Romero 1328 S. Allec Street, Anaheim, Ca. 92805 Lic. #103992 sp The ‘Notice of Cancellation’ may be sent to: 888-929-4376 Lic# 973014 Home improvement Contract Billing Address Job Address Lenare Penny Lenore Penny 1051 Regis Way 1051 Regis Way Tustin, CA 92780 USA Tustin, CA 92780 USA Description of Work liner for main line Your Task # Description Quantity Your Price Total M3301 We will have 10 Saw cut and jackhammer 3 4 xv 4 pothole inside the garage senting up 2 plastic 100 $1250060 $1,25000 coninment 10 ensure no dirt get anywhere outside of cur containment, once we oper up the pothote we will reroute the Laundry fine to the mam reconnechng «1 to the sewer line Once wa excavate and expose the main sewer ine we with install a Kner towards the street resnfor ang the ping and ceibing all the cracks. so no dirtmud, or gases will come through the new sewer line We will be pulling a permit for all work performed also a ten warranty will be given for the finer nstaiation Original price of $15 BOC 00 after semcr gistounts $13 40000 additional brought the total 10 12 5CC 00 M8301 MISC DRAIN 160 $13.25000 $1125.00 TR Paid On Type Memo Amount 8/6/2015 Check check#189 $1125000 8/6/2015 Check theck#714 $1.25 00 Sub-Total $£12500606 Tax 3600 Total Due $12.56006 Payment 11250800 Balance Due $000 Thank you for choosing Rooter Hero Plumbing’! We appreciate your tonfidence Credit Card Payment Authorization Print Name below as « appears on credit card Payment Type Credit Cart & CVE Date 3.4 AUTHORIZATION OF WORK PAYRAINT OF THIS INVOICE/CONTRACT BUF UPON COMPLETION OF WORK AUTHORIZATION TO PROCEED WITH ABOVE RECOMMENDATION - |, the undersigned, 3m owner/authorized representative/tenant of the premises at which the work mentioned above is to be dane by registered home improvement salesperson, 3052 Mano Romero 103992 SP. { hereby authorize you to perform Recommendations, and 10 use such (abor and materials as you deem advisable A monthly service chacge of 1%: % will be added after 10 days | agree to pay resonable attorney's fee and court casts in the event of legal action if my check does not clear, | realize | could be liable for 3 fimes the amount of the check, in no tase more thar $1,500 and in no case less thar: $100 as set forth in the Cahforma Civil Code Section 1718, plus the face value of the check and court costs. [ have read this contract meluding the Teems and onditions and agree to be bound by all of the terms contained herein | have received a copy of this tontract and Notice to Owner All parts will be removed from premises and discarded unless otherwise specified herein. hereby authorize you tn proceed with the above work at the Contract Price of $12,500 00 1 agree that this contract is fully executed by both parties and shall have been received fully executed when it is transmitted by email te customer, and customer agrees that upon the electronic transmission. work tan commence on the project Yau. the homeowner (buyer) or tenant have the right 10 require the (ontractar to to furrsh you with a performance and payment bond, however the contractor can require you to pay tor that bond Upon satisfactory payment bemg made for any portion of the work performed. the Contractor shall, prior 10 any further payment being made, furnish to the person contracting for the home improvernent work 3 fult and unconditional release fromm any cam of mechanw's tien far any person entitied to make such a damn of lien pursuant to Sections 8400 and 8404 of the Civil Code for that partion of the werk for which payment has been made THE DOWNPAYMENT MAY NOT EXCEED $1,000 OR 10 PERCENT OF THE CONTRACT PRICE, WHICHEVER IS LESS, You are entitied to a completely filled in copy of this agreement, signed by both you and the contractor, before any work may be started. Approximate Start Date: Approximate End Date: ~~ 1 ~ ~ 1 ¥ « 4 { 7g AT NAN ys i ‘ M The faw requires that the contractor give you a notice explaining your right to cancel. Initial the checkbox if the contractor has given you a "Notice of the Three-Day Right to Cancel.” -“ v ! ; ; Ba, A ACCEPTANCE Of WORK PERFORMED - | find the service and materials rendered and instalied in connection with the above mentioned, to have been completed in a satisfactory manner. | agree that the amount set forth on this contract, $12,500.00, to be the total and complete Contract Price/ minimum charge. { agree to pay reasonable attomey 's fees and court costs in the event of legal action. A monthly service fee of 1 1/2% will be added after 10 days. | acknowledge thati have read and received a legible copy of this contract and have read the Notice to Owner, and statement required on contract. Workers’ Compensation insurance Roater Hero Plumbing carries workers’ compensation insurance for all smployees. Note About Extrs Work and Change Orders: Extra Work and Change Orders become part of the contract once the order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added or subtracted from the contract, and the effect the order will have on the schedule of ress ts. di he yer, may ROt require a CONtrACtOr to perform extra or change-order work without providing written authorization prior to the commencement of any work covered by the new change order, Extra work ar a change order is nat enforceable against a buyer untess the change order siso identifies ali of the following in writing prior to the commencement of any work covered by the new change are {i} The scope of work encompassed by the order. {ii} The amount to be added or subtracted {rom the contract. {iii} The effect of the order will make in the progress payments or the completion date. The contractor's faiture to catiply with the requirements of this paragraph does not preclude the recovery of compensation for work performed based upon legal or equitable remedies designed to prevent unjust enrichment. Exhibit “8” Orange County 1328 S. Allec St . Anaheim, Ca 82805 + . 657.284.1270 Customer Breakdown Customer Name: Lenore Penny Date 8/24/2016 Address 1051 Regis Way Techinician Mario City Tustin, CA 82780 Job Number 181855 Job Description Whole House Repipe orbs, FERRE | SIG by Bar item Description Amount 1 [Permit ( Private Property, includes trip charge, permit runner ) $475.00 2 |Permit (Public Property, includes trip charge) $0.00 3 }Infrared Sewer Camera Inspection (USB RECORDING ) Made for the client $0.00 4 [Electronic Sewer Line Location $0.00 5 [2"- 4" ABS pipe fittings, materials $0.00 6 4" @ 6" Clay pipe @ Materials $0.00 7 [Copper pipes / Pex Pipe materials $3,500.00 8 {Regulator $350.00 9 [Saw cutting of concrete or asphait $0.00 10 {Concrete Boring ne 11 {Jackhammer / Demo $0.00 12 |Dirt Compatctor / Asphalt $0.00 13 {Aluminum Hydraulic Shoring {0.5 H A. Requirement) nic 14 {Barricades traffice signs {Traffic or Pedestrain) nic 15 {Steel traffic plates {Open trenches in street) nic 16 {Backhoe wi operator nic 17 {Trailer (Heavy duty) nic 18 [Dump Runs $278.24 19 ;10 yard dumpster {Street Excavations) nic 20 Sand {Delivered to job site) n/c 21 iSturry (laterals) Bonanza nic 22 {Cement / Asphalt Replacement $0.00 23 [Skilled Labor / Labor $4,850.00 24 {Service tech’'s / Plumbers installation $8,750.00 25 |Laterl hook up fees (septic tank conversions) $0.00 26 [OS HA. (Surcharge) $275.00 27 (Miscellaneous {Trench boards, caution tape, etc) $500.00 28 [Trenchless Sewer Liner installtion and Materials $0.00 29 |Drywall Removal for Access $985.00 30 {Removed washer and dryer 31 {Supervisor $425.00 32 [Drywall Replacement $2,100.00 33 jHydro Jet 4000psi $0.00 Senior Citizen Discount 15.0% $3.388.24 $22,588 24 Total $19,200.00 Exhibit “9” Wise Choice Plumbing And Rooter 417 W Foothill Blvd # 264 Glendora, CA 91741 invoice ® for - Acc! Cust # | [2069 | Technician {888)733-2308 Steven k | Date: [0372072016 TT Biting Address i Service Address: | LENORE PENNY LENORE PENNY 1051 REGIS WAY 1051 REGIS WAY TUSTIN CA 92780 TUSTIN CA 92780 TASK WORK DESCRIPTION WARRANTY FLAT RATE Wise choice piumbing, will be running a new bathtub drain, and lab grain, through the slab and re-connecting to the sewer. This scope of work includes 0000 {ail parts labar and concrete patch. It will come with a five year warranty, we will{25 YEARS 4600.00 not be responsible for any flooring. This price of $4600 00 includes senior discount. Wise choice plumbing, in addition to the first scope of work will be shooting a 0000 125 foot liner from sidewalk to street. This is a discounted price and will come [25 YEARS 8GOC 00 with a 25 year warranty. Once work is complete we will patch the concrete. Service Agreement Customer POING TT Customer Auth £8 B TTT Recommendations: None at this time, have 2 great day Method of Payment Estimate $6.00 - Check [£10660 0G] Check & BOS Flat Rate Labor & Maternal $ 10600 00 Amount Paid 7 Adjustment $ 10600.60 [] Crenegr il Tenant Balance Due: $000 i ¥ PAID Tne, FENG & Cricy CLE mw LuG joe Cama | er mag 2 ri pevse reer | Thank You! Make Payable To: Wise Choice Plumbing And Rooter. 417 W Foothiit Bivd #264 Glendora 91741 CA Lic 011181 For a copy of Terms & Congitions / Wavier thal were signed in the presence of technician http ffwep skybass eomiTAadC linger Frsored By Skynoss com Exhibit “10” PRC. PRC Reconstruction Contractors, Inc. Lic#B931249 23839 Banning Bivd Carson, CA 90745 Phone (562) 490-6900 Fax (562) 490-6988 1D# 26-3948856 Chient: Penney Lenore Home: (714) 731-4990 Property: 1051 Regis Way Tustin , CA 92780 Operator: RICARDO Estimator: Ricardo Casas Business: (562) 370-6015 Position: Estimator E-mail: Ricardo f@prerestoration.com Company: PRC Restoration & Construction Licy BY3l1249 Business: 2897 Gardena Ave Signal Hill, CA 90755 Type of Estimate: REPAIRS. Date Entered: 9/1/2016 Date Assigned: Price List. CAOGRX_AUG!H6 Labor Efficiency: Restoration/Service/Remode! Estimate: S-16-1459-RP NOTES: TRIS ESTIMATE INCLUDES ONLY THE WORK OUTLINED IN THE ABOVE TYPED SCOPE. ANY ADDITIONAL WORK WILL BE CONSIDERED SUPPLEMENTAL TO THIS 81 D AND BILLED AS SUCH NOT INCLUDED ANY TESTING UNLESS OTHERWISE NOTED IN BID. PRC. PRC Reconstruction Contractors, Inc. Lic#¥B931249 23839 Banning Bivd Carson, CA 90745 Phone {562} 490-6900 Fax (562) 450-6988 ID# 26-394R8S6 Ricardo Casas Estimator Grand Total Areas: 1.61998 SF Walls 784.47 SF Ceiling 1.404 44 SF Walls and Ceiling 784.47 SF Floor 87.16 SY Flooring 189.43 LF Floor Perimeter 0.00 SF Long Wall 06.00 SF Shon Wall 269.78 LF Ceil. Perimeter 784.47 Floor Area 85491 Total Arca 1,619.98 Intenor Wall Area [148.61 Exterior Wall Arca 147.55 Extenor Perimeter of Walls 0.00 Surface Area 0.06 Number of Squares 0.06 Total Perimeter Length 04.00 Total Ridge Length 0.04 Total Hip Length S-16-1459-RP §/§:2016 Page: § 9 3 8 g 9107/16 JYU-68¥1-9i-S [ADT] UR py «FT wooy S w a y o p i g Wotpag {0AD] I B N PRC Reconstruction Contractors, inc. Lic#B931249 PBL. 23839 Banning Blvd Carson, CA 90745 Phone {562) 490-6900 Fax (562) 490-6988 ID#H 263948856 CONTINUED - Hall Closet DESCRIPTION QTY 19. Carpet - High grade 498 SF 15 % waste added for Carpet - High grade. 20. Interior door - Detach & reset - slab only 1.00 EA Studio Height: 8' DESCRIPTION QTY 21 Baseboard - 2 1/4" 635 LF 22 Seal & paint baschoard - two coats 2625 LF 23. Carpet pad - High grade 134.77 SF 24. Remove Carpet - High grade 134.77 SF 25. Carpet - High grade 154.99 SF 15 % waste added for Carpet - High grade. 36. Interior door - Detach & reset - slab only 208 FA 27. Contents - move out then reset 1.00 BEA Closet #2 Height: 8° DESCRIPTION QTY JR. Baseboard - 2 1/8" 1658 LF 29. Seal & paint baseboard - two coats 16.58 LF 30. Carpet pad - High grade 2347 SF 11. Remove Carpet - High grade 2347 SF 32. Carpet - High grade 26.9% SF {5 % waste added for Carpet - High grade. 33. Detach & Reset Bypass (sliding) door set - Colonist 2006 EA Bathroom Height: § DESCRIPTION QTY 34. Baseboard - 2 1/47 2249 LF 35. Toe kick - pre-finished wood - 1/27 246 LF 36. Seal & paint baseboard - two coats 2249 LF 37. Stain & finish toe-kick 246 LF 3%. Floor preparation for resilient flooring 37.50 SF 39. Viny! floor covenng (sheet goods) - High prade 43.12 SF S-16-1459-RP 4/1/2616 Page: 3 PRG. PRC Reconstruction Contractors, Inc. Lic#B8931249 23839 Banning Blvd Carson, CA 90748 Phone (562) 490-6900 Fax (562) 490-6988 IDA 26-3948856 S-16-1459-RP Main Level DESCRIPTION QTY I. Haul debris - per pickup truck Joad - including dump fees 1.06 EA 2. Final cleaning - construction - Residenuial 184.47 SF 3. Drywall Repair - Minimum Charge - Labor and Material 1.00 EA Living Room Height: §' DESCRIPTION QTY 4. Bascboard - 2 1/4" 60.48 LF 5. Seal & paint baseboard - twa coats 60.48 LF 6. Carpet pad - High grade 446.68 SF 7. Remove Carpet - High grade 446.68 SF 8. Carpet - High grade $13.68 SF 15 % waste added for Carpet - High grade. 9. Contents - move out then reset - Extra large room FOU EA Hallway Height: §' DESCRIPTION QTY 1G. Baseboard - 2 1/47 10.20 LF 11. Seal & paint baschoard - two coats 10.20 LF 12. Carpet pad - High grade 17.61 SF 13. Remove Carpet - High grade 17.61 SF 14. Carpet - High grade 26.25 SF 15 % waste added for Carpet - High grade. Hall Closet Height: §' DESCRIPTION QTY 15. Baseboard - 2 1/4” R33 LF 16. Seal & paint baseboard - two coats 833 LF 17. Carpet pad - High grade 43% SF 18. Remove Carpet - High grade 433 SF S-16-14549-RP 91172016 Page: 2 PRC. PRC Reconstruction Contractors, Inc. Lic¥B931249 23839 Banning Bivd Carson, CA 907458 Phone (562) 490-6900 Fax (562) 490-6988 4 26-3948R56 CONTINUED - Bathroom DESCRIPTION QTY 15 % waste added for Vinyl floor covering {sheet goods) - High grade. 40. Toilet - Detach & reset 1.00 EA 41. Interior door - Detach & reset - slab only 1.00 EA Bedroom Height: 8 DESCRIPTION QTY 42. Baseboard - 2 1/4" 417 LF 43. Seal & paint baseboard - two coats 447 LF 44. Carpet pad - High grade 108.33 SF 45. Remove Carpet - High grade HOR 33 SF 46. Carpet - High grade 124 58 SF 15 % waste added for Carpet - High grade 47. Interior door - Detach & reset - slab only 1.00 FA 48. Contents - move out then reset - Large room 1.00 EA Closet Height: 8° DESCRIPTION QTY 49. Baseboard - 2 1/4” 1092 LF 50. Seal & paint baseboard - two coats 1092 LF 51. Carpet pad - High grade 11.77 SF 52. Remove Carpet - High grade ¥1.77 SF $3. Carpet - High grade 11.54 St 15 % waste added for Carpet - High grade. $4. Detach & Reset Bypass (sliding) door set - Colonist 1.00 EA Labor Minimums Applied DESCRIPTION QTY $5 Vinyl floor covering labor minimum 1.06 EA $6. Plumbing labor minimum 1.06 EA Cirand Total 5-16-1459-RP 9.010.40 91172016 Page: 4 no 16 17 18 PROOF OF SERVICE STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. | 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 June 15, 2017, 1 served the following documents: PLAINTIFF LENORE PENNEY'S REQUESTS FOR ADMISSIONS PROPOUNDED ON DEFENDANT LA COLINA HOMEOWNERS ASSOCIATION, SET ONE on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Jean M. Monarty, Esq. LAW OFFICE OF ANSWER W. MACRAE PO Box 258829 Oklahoma City, OK 73125 [X] 1am readily familar 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: [1] I sent the attached documents via email to addressees’ office at: [1] By delivermg 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 1s to be served {X] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 15, 2017, at Irvine, Cahfornia, 71 Zi Melissa Reyes// EXHIBIT “2” Brett Wiseman I CORRE EERE From: Brett Wiseman Sent: Thursday, August 03, 2017 2:29 PM To: ‘Michele Le’ Cc: Dawn Ebert; James Sifers Subject: RE: Penney v. La Colina All, | certainly understand the press of trial. | agree to the proposed extension, | also have proposed dates for the deposition of my client and for the inspection you requested. My client can make the property available for the proposed inspection on August 16. If that date does not work, | believe we can make any other date work on that week, other than Thursday. My client can be available for her deposition on August 23. My client is elderly and does not drive. If you are amenable, my client would like the deposition to be held at her home on August 23, starting as late as you are comfortable (1:00 pm was proposed). If that date does not work, | understand August 22 can also be made to work. Regards, Brett K. Wiseman Attorney at Law MADISON reer 17702 Mitchell North Irvine, CA 92614 Telephone: 949.756.9050 Facsimile: 949.756.9060 bwiseman{@madisonlawapc.com This email communication is privileged and confidential. If you are not the intended recipient, please promptly notify the sender by reply email and delete the message. Any improper use or disclosure of the information contained herein is strictly prohibited. Please consider the environment before printing this message. From: Michele Le [mailto:michele.le@farmersinsurance.com] Sent: Thursday, August 03, 2017 11:06 AM To: Brett Wiseman Cc: Dawn Ebert Subject: Penney v. La Colina Dear Mr. Wiseman, This letter is to request a 2 week extension to August 17, 2017 in which for defendant, La Colina HOA to respond to plaintiff's outstanding discovery requests. Attorney Dawn Ebert has been in back to back trials and we appreciate your professional courtesy and cooperation in granting defendant this extension. Please advise. Thank you so much, Michele H. Le Paralegal Hartsuyker, Stratman & Williams-Abrego Santa Ana Branch Legal Office Farmers Insurance Exchange & Affiliates 2677 N. Main Street, Suite 200 Santa Ana, CA 92705 Mailing Address: P.O. Box 258829 Oklahoma City, OK 73125-8829 (714) 480-7238 - Direct Line (714) 480-0711 - Fax michele le@farmersinsurance.com *kx%% pIEASE NOTE ***** This E-Mail/telefax message and any documents accompanying this transmission may contain privileged and/or confidential information and is intended solely for the addressee(s) named above. if you are not the intended addressee/recipient, you are hereby notified that any use of, disclosure, copying, distribution, or reliance on the contents of this E-Mail/telefax information is strictly prohibited and may result in legal action against you. Please reply to the sender advising of the error in transmission and immediately delete/destroy the message and any accompanying documents. Thank you ***** EXHIBIT “3” Brett Wiseman --- 5 Ren UR) From: Michele Le Sent: Thursday, July 20, 2017 9:40 AM To: Brett Wiseman Cc: Melissa Reyes Subject: Penney v. La Colina Dear Mr. Wiseman, This email is to request a two week extension of time to August 3, 2017, for defendant La Colina HOA to respond to plaintiff's outstanding discovery requests. Thank you for your professional courtesy and cooperation. Sincerely, Michele H. Le Paralegal Hartsuyker, Stratman & Witliams-Abrego Santa Ana Branch Legal Office Farmers Insurance Exchange & Affiliates 2677 N. Main Street, Suite 200 Santa Ana, CA 92705 Mailing Address: P.O. Box 258829 Oklahoma City, OK 73125-8829 (714) 480-7238 - Direct Line (714) 480-0711 - Fax michele le@farmersinsurance.com #xxx% pI EASE NOTE ***** This E-Mail/telefax message and any documents accompanying this transmission may contain privileged and/or confidential information and is intended solely for the addressee(s) named above. If you are not the intended addressee/recipient, you are hereby notified that any use of, disclosure, copying, distribution, or reliance on the contents of this E-Mail/telefax information is strictly prohibited and may result in legal action against you. Please reply to the sender advising of the error in transmission and immediately delete/destroy the message and any accompanying documents. Thank you ***** ho 10 IH 13 14 16 PROOF OF SERVICE STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. 1 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 October 5, 2017, I served the following documents: PLAINTIFF'S NOTICE OF MOTION AND MOTION TO DEEM AS ADMITTED PLAINTIFF'S REQUESTS FOR ADMISSION, SET ONE, PROPOUNDED ON DEFENDANT LA COLINA HOMEOWNERS ASSOCIATION AND REQUEST FOR SANCTIONS IN THE AMOUNT OF $1,337.45; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF BRETT K. WISEMAN on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Jean M. Moriarty, Esq. LAW OFFICE OF ANDREW W. MACRAE PO Box 258829 Oklahoma City, OK 73125 [X] Iam 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. [] I caused such envelope to be delivered by hand to the office of addressee: [] I sent the attached documents via email to addressees’ office at: [1] 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 October 5, 2017, at Irvine, California. ~ [yl J ess ca Campbell