Rosemarie S. Haynes, as Trustee of The Living Trust of Rosemarie S. Haynes vs. Daniel Lee Campbell

Motion to Compel Production/Inspection of Documents or Things

Cal. Super. - 4th Dist.November 3, 2017

= w o 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 KERMIT D. MARSH (SBN 150745) JING TSANG (SBN 296427) THE LAW OFFICES OF KERMIT D. MARSH 9550 Warner Avenue, Suite 250 Fountain Valley, California 92708 Tel (714) 593-2321 Fax (888) 396-6272 Attorneys for Plaintiff ROSEMARIE S. HAYNES, AS TRUSTEE OF THE LIVING TRUST OF ROSEMARIE S. HAYNES SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE CENTRAL JUSTICE CENTER ROSEMARIE S. HAYNES, AS TRUSTEE OF THE LIVING TRUST OF ROSEMARIE S. HAYNES, Plaintiff, VS. DANIEL LEE CAMPBELL, an individual; JEFFREY A. KAMAN,an individual; ELYSE KAMAN,an individual; LIQUOR ON THE ROCKS, INC., a California Corporation; and DOES 1 through 25, inclusive, Defendants. Case No: 30-2017-00953613-CU-BC-CJC Assigned for All Purposes to the Honorable James J. Di Cesare NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PRODUCTION AND ANSWERS TO CONTENTION REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT LIQUOR ON THE ROCKS, INC., SET ONE, AND FOR SANCTIONS Date: September 28, 2018 Time: 9:30 a.m. Dept.: C16 Date Filed: November 3, 2017 Reservation No. 72842185 TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on September 28, 2018, or as soon thereafter as the matter may be heard, in Department C16 of the Orange County Superior Court, located at 700 Civic Center Drive West, Santa Ana, California 92701, Plaintiff ROSEMARIE S. HAYNES, AS 1 NOTICE OF MOTION & MOTION FOR ORDER COMPELLING PRODUCTION & ANSWERS TO CONTENTION RFP TO LIQUOR ON THE ROCKS, INC., SET 1, & FOR SANCTIONS S s W N C o 0 9 O N W n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TRUSTEE OF THE LIVING TRUST OF ROSEMARIE S. HAYNES("Plaintiff"), will and hereby does, move the Court for an order compelling Defendant LIQUOR ON THE ROCKS, INC. ("Defendant") to answer and produce documents in response to Plaintiff's Contention Requests for Production of Documents to Defendant Liquor on the Rocks, Inc. (Set One), propounded to Defendant that Defendant failed to answer, as shown in the Declaration of Kermit D. Marsh filed with this motion, without objections. Plaintiff will also move the Court for an order that Defendant pay to the moving party the sum ofthree thousand seven hundred ninety-seven dollars and fifty cents ($3,797.50) as the reasonable costs and attorney fees incurred by Plaintiff for these proceedings. This motion is made on the grounds that the questions asked are relevant to the subject matter of the action, and Defendant's failure to respond was without substantial justification. The motion will be based upon this Notice of Motion and Motion for Order Compelling Production and Answers to Contention Requests for Production of Documents, Set One, and for Sanctions, the accompanying Memorandum of Points and Authorities in support thereof, the Declaration of Kermit D. Marsh and the exhibits attached thereto, the records and files in this action, and upon such other papers, pleadings, evidence or arguments as may be presented before the Court regarding this motion. Respectfully submitted. DATED: June 29, 2018 LAW OFFICES OF KERMIT D. MARSH LonFBMad KERMIT D. MARSH Attorneys for Plaintiff, ROSEMARIE S. HAYNES, AS TRUSTEE OF THE LIVING TRUST OF ROSEMARIE S. HAYNES 2 NOTICE OF MOTION & MOTION FOR ORDER COMPELLING PRODUCTION & ANSWERS TO CONTENTION RFP TO LIQUOR ON THE ROCKS, INC., SET 1, & FOR SANCTIONS S s W w N N 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 PROOF OF SERVICE I declare that I am over the age of eighteen (18) and not a party to this action. My business address is 9550 Warner Avenue, Suite 250, Fountain Valley, CA 92708. On June 29, 2018, I served the following document(s): 1. on the interested parties in this action by placing a true and correct copy of such document, enclosed in a sealed envelope, addressed as follows: Michael B. Kushner, Esq. Counselfor Daniel Lee Campbell Michael S. Vasin, Esq. James D. Decker, Esq. Kushner Carlson, PC 85 Enterprise, Suite 310 Aliso Viejo, CA 92656 J. Eric LeVine, Esq. Counselfor Liquor on the Rocks, Inc. Law Office of J. Eric LeVine (May have withdrawn, but corporation 25283 Cabot Road, Suite 116 cannot represent itself- unclear) Laguna Hills, CA 92653-5509 Jeffrey A. Kaman In propria persona 9621 Tipperary Drive McKinney, TX 75070 NOTICE OF MOTION AND MOTION FOR ORDER COMPELLING PRODUCTION AND ANSWERS TO CONTENTION REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDAN LIQUOR ON THE ROCKS, INC., SET ONE, AND FOR SANCTIONS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR ORDER COMPELLING PRODUCTION AND ANSWERS TO CONTENTION REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT LIQUOR ON THE ROCKS, INC., SET ONE, AND FOR SANCTIONS; DECLARATION OF KERMIT D. MARSH IN SUPPORT OF PLAINTIFF'S MOTION FOR ORDER COMPELLING PRODUCTION AND ANSWERS TO CONTENTION REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT LIQUOR ON THE ROCKS, INC., SET ONE, AND FOR SANCTIONS; [PROPOSED] ORDER GRANTING PLAINTIFF'S MOTION FOR ORDER] COMPELLING PRODUCTION AND ANSWERS TO CONTENTION REQUESTS FOR PRODUCTION TO LIQUOR ON THE ROCKS, INC. SET ONE, AND FOR SANCTIONS 3 NOTICE OF MOTION & MOTION FOR ORDER COMPELLING PRODUCTION & ANSWERS TO CONTENTION RFP TO LIQUOR ON THE ROCKS, INC, SET 1, & FOR SANCTIONS O O 0 9 O O W n B r Ww W N D N N N N N N N N N e e e e e m e m e e e k p e e e e e 0 N N O A U n A W N = O O N Y B R E W = O Elyse Kaman In propria persona 9621 Tipperary Drive McKinney, TX 75070 (xx) () I am readily familiar with the business’ practice for collection and processing of correspondence for mailing with the United States Postal Service. 1 know that the correspondence was deposited with the United States Postal Service on the same day this declaration was executed in the ordinary course of business. I know that the envelope was sealed and, with postage thereon fully prepaid, placed for collection and mailing on this date in the United States mail at Fountain Valley, California. By overnight courier, I caused the above-referenced document(s) to be deposited in a box or otherfacility regularly maintained by the overnight courier, or I delivered the above-referenced document(s) to an overnight courier service, for delivery to the above addressee(s). Executed on June 29, 2018, at Fountain Valley, California. (xx) () (State) I declare under penalty of perjury under the laws ofthe State of California that the above is true and correct. (Federal) I declare that | am employed in the office of a member ofthe bar ofthis court at whose direction the service was made. SAN 4 NOTICE OF MOTION & MOTION FOR ORDER COMPELLING PRODUCTION & ANSWERS TO CONTENTION RFP TO LIQUOR ON THE ROCKS, INC., SET 1, & FOR SANCTIONS