Sherman vs Rafail

Motion to Compel Discovery

Cal. Super. - 4th Dist.September 7, 2017

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stephen H. Arnold, Esq. (SBN 139998) LAW OFFICE OF STEPHEN H. ARNOLD 1901 First Ave, 2nd Floor San Diego, CA 92101 Tel: (619) 238-6129 Email: lawkingdom@aol.com Attorney for Plaintiff CRAIG A. SHERMAN, individually and as trustee of the CRERKATH SHERMAN FAMILY TRUST ELECTRONICALLY FILED Superior Court of California, County of San Diego 10/09/2018 at 06:20:00 PM Clerk of the Superior Court By Richard Day, Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO CRAIG A. SHERMAN, individually and as trustee of the CRERKATH SHERMAN FAMILY TRUST, Plaintiff, ) ) ) ) ) ) ) v. ) ) FRANK RAFAIL; DIANE RAFAIL; ) individually and as trustees of the ) RAFAIL FAMILY TRUST; and ) DOES 1-10, inclusive, ) ) ) ) ) ) ) ) ) Defendants, Case No.: 37-2017-00033049-CU-OR-CTL [action filed: September 7, 2017] PLAINTIFF CRAIG A. SHERMAN’S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER DISCOVERY RESPONSES OF DEFENDANT DIANE RAFAIL TO SPECIAL INTERROGATORY NOS. 14, 11, 12, 15, AND 26, INCLUDING AN ORDER TO PAY MONETARY SANCTIONS Hearing Date: November 9, 2018 Time: 9:00 a.m. Dept.: C-73 Judge: Hon. Joel R. Wohlfeil TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD, PLEASE TAKE NOTICE that on November 9, 2018 at 9:00 a.m., in Department C-73 of the San Diego Superior Court, Hall of Justice, located at 330 West Broadway, in the City of San Diego, or as soon thereafter as this matter may be heard, plaintiff Craig A. Sherman, individually and as -1- PLAINTIFF CRAIG A. SHERMAN’S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER DISCOV. RESPONSES OF DIANE RAFAIL TO SPECIAL INTERROGATORY NOS. 1-4, 11, 12, 15, AND 26, INCLUDING AN ORDER TO PAY MONETARY SANCTIONS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 trustee of the Crerkath Sherman Family Trust (“Sherman”), will, and hereby does, move, pursuant to Code of Civil Procedure 2030.300 and California Rules of Court, Rule 3.1345 et seq. to compel further discovery responses from defendant Diane Rafail (“Rafail”’) to Form Interrogatories Nos. 15.1 and 17.1, that were served on Rafail as part of Sherman’s Set No. 1 of propounded discovery served on Rafail J anuary 22, 2018. In addition to seeking the above stated further responses, Sherman seeks attorneys’ fees from Rafail and his counsel pursuant to Code of Civil Procedure 2030.300, subdivision (d), and California Rules of Court, Rule 3.1348, as monetary sanctions and costs in the proportional allocated amount of $1,325 for the necessity of having to bring this motion (and the other related and concurrent motions) arising from incomplete and evasive responses, wholly meritless objections, and repeated failures and refusals to meet and confer. This motion and hearing is based on this Notice of Motion and Motion, the concurrently filed Memorandum in Support, the Separate Statement in support, the (Omnibus) Declaration of Stephen H. Arnold in support, the pleadings and papers on file with this Court, and such other evidence and argument as may be presented in Sherman’s reply briefing, and the arguments presented at the November 9, 2018 hearing on this matter. Respectfully submitted, Dated: October 8, 2017 LAW OFFICE OF STEPHEN H. ARNOLD 2 H. Amold, Esq. Attorney for CRAIG A. SHERMAN, individually and as trustee of the CRERKATH SHERMAN FAMILY TRUST 35). PLAINTIFF CRAIG A. SHERMAN’S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER DISCOV. RESPONSES OF DIANE RAFAIL TO SPECIAL INTERROGATORY NOS. 1-4, 11, 12, 15, AND 26, INCLUDING AN ORDER TO PAY MONETARY SANCTIONS Proof of Service Sherman v. Rafail San Diego Superior Court Case No.: 37-2018-33094-CU-OR-CTL I, the undersigned, declare under the penalty of perjury that I am over the age of eighteen years, my place of business is in the County of San Diego, located at 1901 First Avenue, San Diego, CA; and I served the below-named person(s) the following document(s): PLAINTIFF CRAIG A. SHERMAN’S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER DISCOVERY RESPONSES OF DEFENDANT DIANE RAFAIL TO SPECIAL INTERROGATORY NOS. 1-4, 11, 12, 15 AND 26, INCLUDING AN ORDER TO PAY MONETARY SANCTIONS on October 9, 2018 on the following person(s) in a sealed envelope or package, addressed as follows: Bruno W. Katz, Esq. David Hoynacki, Esq. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP 655 W. Broadway, Suite 900 San Diego, CA 92101 bruno .katz@wilsonelser.com david.hoynacki@wilsonelser.com in the following manner: BY ELECTRONIC SERVICE VIA ONE LEGAL: Complying with Local Rule of Court 352, California Rule of Court 2.253(a)(1)(2) and Code of Civil Procedure § 1010.6, I caused a true and correct copy of the document(s) to be served through One Legal at www.onelegal.com addressed to the parties shown herein appearing on the above-titled case. The service transmission was reported as complete and a copy of One Legal’s Receipt/Confirmation Page will be maintained with the original document in this office. I declare under the penalty of perjury under the laws of the State of California that the above foregoing is true and correct. Executed on October 9, 2018 at San Diego, California. Stephen : Arnold