Silvia Luna vs. Elvira G. Romero Board And Care

Motion to Compel Production/Inspection of Documents or Things

Cal. Super. - 4th Dist.March 23, 2017

O O 0 9 O N n n B A W N N N N N N N N N e e e a e k e e e m e a e m ~ N A A n t A W N m m O Y N S N U n R W = m , 28 LITTLER MENDELSON, P.C. 2049 Contyry Puri Enst Sth Flagr Lov Angales, CA 80067.3107 310.653.0308 SARAH E. ROSS, Bar No. 252206 ASHLEY J. BRICK, Bar No. 281657 LITTLER MENDELSON,P.C. 2049 Century Park East 5th Floor Los Angeles, CA 90067.3107 Telephone: 310.553.0308 Fax No.: 310.553.5583 Attorneys for Defendants DIAMAR, LLC; ELVIRA G. ROMERO BOARD AND CARE, ROMERO BOARD AND CARE HOME; BURLINGAME, LLC; DIANA G. HERNANDEZ; GREG HERNANDEZ; and ELVIRA GARCIA ROMERO SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE SILVIA LUNA,an individual; ARACELIA ROBLES, an individual; ISIDRO ROBLES, an individual, Plaintiff, Vv. ELVIRA G. ROMERO BOARD AND CARE,a business entity, form unknown, doing business as ROMERO BOARD AND CARE HOME; BURLINGAME, LLC, a California limited liability co., doing business as BURLINGAME BOARD AND CARE HOME; DIAMAR, LLC,a California limited liability co.; DIANA G. HERNANDEZ, an individual; GREG HERNANDEZ, an individual; ELVIRA GARCIA ROMERO,an individual; and DOES 1 through 50, inclusive, Defendants. Case No. 30-2017-00910787-CU-WT-CJC ASSIGNED FOR ALL PURPOSES TO JUDGE ANDREW P. BANKS NOTICE OF MOTION AND DEFENDANT ROMERO BOARD AND CARE HOME'’S MOTION TO COMPEL PLAINTIFF ISIDRO ROBLES’S FURTHER RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS IN THE AMOUNTOF $4,095 Date: December 8, 2017 Time: 1:30 p.m. Dept: C11 RESERVATION ID: 7266525 Complaint Filed: March 23, 2017 1. NOTICE OF MOTION AND DEFENDANT'S MOTION TO COMPEL ISIDRO ROBLES’S FURTHER RESPONSES TO REQUESTS FOR PRODUCTION; AND REQUEST FOR SANCTIONS O O 0 ~ ~ a n h A W N N O N N N N N N O N m m m e d e m p m m d p d e m p e e d N O Y n h B A W = O 0 0 N O N R W R m 28 LITTLER MENDELSON, P.C. 2043 ¢enlury Park Ens! 5th Floor Los Angeles, CA 90067 3107 310.553.0008 TO PLAINTIFF ISIDRO ROBLES AND HIS ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on December 8, 2017, at 1:30 p.m. or as soon thereafter as counsel can be heard, in Department C11 of the above-entitled Court, located at 770 W. Civic Center Drive, Santa Ana, CA 92701, Defendant ROMERO BOARD AND CARE HOME (“Defendant™) will, and hereby does, move this Court for a Motion to Compel Further Responses to Defendant’s Requests for Production of Documents, and Request For Monetary Sanctions in the Amount of $4,095 (“Motion”). Specifically, Defendant is seeking an order requiring Plaintiff ISIDRO ROBLES (“Plaintiff”) to (1) provide further, complete responses to Defendant’s Requests for Production of Documents, Set One, Nos. 5, 10, 16, and 64, (2) provide a privilege log for all documents withheld pursuant to the attorney-client privilege or the work product doctrine, and (3) reimburse Defendant forits reasonable costs and expenses in bringing this motion in the amount of $4,095. This Motion is made pursuant to California Code of Civil Procedure section 2031.310(a) as Plaintiff has failed to either serve complete, adequate and timely responses and/or produce all documents promised in response to Defendant’s Requests for Production of Documents, Set One, Nos. 5, 10, 16, and 64. Additionally, good cause exists to impose sanctions in the amount of $4,095 against Plaintiff and his counsel, jointly and severally, for failing to properly engage in the discovery process and unsuccessfully opposing a motion to compel without substantial justification. See CAL. CIv. PROC. CoDE §§ 2023.010(d)-(f) and (h), 2023.030(a), 2030.300(d); see also Matteo Forge, Inc. v. Arthur Young & Co., 223 Cal. App. 3d 1429, 1441 (1990). 1 Hn 1 2. NOTICE OF MOTION AND DEFENDANT’S MOTION TO COMPEL ISIDRO ROBLES’S FURTHER RESPONSES TO REQUESTS FOR PRODUCTION; AND REQUEST FOR SANCTIONS 1 This Motion will be made on the basis on this Notice of Motion, the accompanying 2 Memorandum of Points and Authorities, the Declaration of Ashley J. Brick and exhibits attached 3 thereto, the pleadings and papers filed with this Court, and on such further evidence and argument as 4 may be presented at the hearing. 5 6 Dated: September 25, 2017 Respectfully submitted, 7 3 (Aucl SARAH OSS 9 ASHLEYM.BRICK LITTLER MENDELSON, P.C. 10 Attorneys for Defendants DIAMAR, LLC; ELVIRA G. ROMERO 11 BOARD AND CARE, ROMERO BOARD AND CARE HOME; BURLINGAME, LLC; 12 DIANA G. HERNANDEZ; GREG HERNANDEZ; and ELVIRA GARCIA 13 ROMERO 14 Firmwide:150108411.1 090606.1003 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LITTLER MENDELSON, P.C. 3. enor NOTICE OF MOTION AND DEFENDANT’S MOTION TO COMPEL ISIDRO ROBLES’S FURTHER S083ae RESPONSES TO REQUESTS FOR PRODUCTION; AND REQUEST FOR SANCTIONS