Motion_to_compelMotionCal. Super. - 2nd Dist.June 9, 2011Electronica EE N Oo 0 J O N a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 y FILED by Superior Court of California, County of Los Angeles 6/20/2018 9:55 AM Sherri R. Carter, Executive Officer/Clerk, By | Islam, D Christine M. Allen (SBN 247779) BarthCalderon LLP 333 City Boulevard West, Suite 2050 Orange, California 92868 Telephone: (714) 704-4828 Facsimile: (714) 704-1513 ChristineAllen@barthattorneys.com Attorney for Objectors Martin Anthony Torres, Brian Torres, and Michael Torres SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES In the matter of the: ROMANA ACOSTA BANUELOS TRUST dated June 24, 1988 N r e e a ” J S e Ne Ne sc s s “ s t /\ J S e Se c t “ s t N a N a a a S e “ a “ a a a “ e e Case No. BP129011 NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE PROPOUNDED TO PETITIONER RAMONA BANUELOS, CO-TRUSTEE, BY OBJECTOR MARTIN ANTHONY TORRES; REQUEST FOR ORDER AWARDING MONETARY SANCTIONS AGAINST RAMONA BANUELOS AND HER ATTORNEY DARRELL BROOKE, ESQ. IN THE SUM OF $2,735.00; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF CHRISTINE M. ALLEN, ESQ. [Separate Statement of Form Interrogatories in Dispute filed concurrently herewith] [Code Civ. Proc. §§ 2030.300 and 2023.010 et seq.] Trust Account filed: 1/9/2018 Trial Date: Not yet set Judge: Hon. Clifford Klein Hearing Date: 9/17/2018 Time: 10:00 a.m. Dept: 9 1 NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, | SET ONE; REQUEST FOR ORDER AWARDING MONETARY SANCTIONS... eputy Clerk Oo 0 3 O N Dn Bs W N = NN N N N N N N N N E E e m e k p m p m pe p d e d e d e d 0 1 A N nn BA W N = o OO N N N nn BE W Y = O TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on September 17, 2018,at 10:00 a.m., or as soon thereafter as the matter may be heard, in Department 9 of the above-entitled court located at 111 N. Hill Street, Los Angeles, CA 90012, Objector Martin Anthony Torres will move the court for an order compelling Petitioner Ramona Banuelos, Co-Trustee of the Ramona Acosta Banuelos Trust, to serve further responses to Form Interrogatories, Set One, served on Petitioner on April 5, 2018. This motion is made pursuant to Code of Civil Procedure, Section 2030.300 as to Form Interrogatory Nos. 17.1 and 50.1 through 50.6 on the grounds that the responding party has failed, without justification, to serve proper responses to these interrogatories. Notice is additionally given that Objector will request that the Court award monetary sanctions against Ramona Banuelos, Co-Trustee, and her attorney, Darrell Brooke, Esq., and in favor of Objector Martin Anthony Torres in the sum of $2,735.00 pursuant to Code of Civil Procedure, Sections 2023.010 et seq., and 2030.300. This motion is further based upon this notice; the attached Memorandum of Points and Authorities; the Declaration of Christine M. Allen, Esq. and Separate Statement filed herewith; upon the records and files in this action; and upon such further evidence and argument as may be presented prior to or at the time of hearing on the motion. Respectfully submitted, Dated: June /7 2018 BarthCalderon LLP Clr By: Christine M. Allen, Esq., Attorneys for Objector 2 NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE; REQUEST FOR ORDER AWARDING MONETARY SANCTIONS... J DS S S O O RX NN AN Wn 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES I. INTRODUCTION This action involves a trust accounting filed by two co-trustees of a trust and the objections thereto filed by three beneficiaries, largely concerning the co-trustees’ actions taken during the account period in connection with the execution of a Purchase and Sale Agreement and Lease Agreement involving the sale and lease of of Trust property to the son of Petitioner Ramona Banuelos, Robert Banuelos. On April 5, 2018, Objector Martin Anthony Torres served Form Interrogatories, Set One, on Petitioner Ramona Banuelos, pursuant to Code of Civil Procedure Sections 2030.300 et seq. These interrogatories comprised Form Interrogatories Nos. 1.0 through 50.6. (Exhibit "A" to the Declaration of Christine M. Allen, Esq., served and filed herewith.) On May 4, 2018, Petitioner served her responses by mail (Exhibit "B" to the Declaration of Christine M. Allen, Esq.) which, as to Form Interrogatories 17.1 and 50.1 though 50.6, were deficient in that they contained no substantive responses, and also as to Form Interrogatories 50.1 though 50.6, contained meritless objections. In her response to Form Interrogatory 17.1, Petitioner claimed that all of her responses to the Requests for Admission were unqualified admissions in order to completely avoid answering this interrogatory, despite the facts that many of her responses were not unqualified admissions. In responses to Form Interrogatory 50.1 though 50.6, Petitioner has objected to each of these | interrogatories as unclear, ambiguous and undefined as to the term “Agreement.” This Form Interrogatory , however requires the responding party to respond to the various questions as to each agreement alleged in the pleadings and no definition as to a specific agreement is required. Moreover, it is entirely clear that there are two agreements at issue in the pleadings in this case: 1) the Purchase and Sale Agreement and 2) the Lease Agreement. On May 29, 2018, Christine M. Allen, Esq., sent a letter to Darrell Brooke, Esq., counsel for Ramona Banuelos, via both email and mail, to meet and confer with him about the aforementioned 1 NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE; REQUEST FOR ORDER AWARDING MONETARY SANCTIONS... XX 3 DD \O 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 57 28 deficiencies in the responses received. (Exhibit “C” to the Declaration of Christine M. Allen, Esq.) In response on June 5, 2018, Mr. Brooke responded by letter, which response entirely ignored the substance of the meet and confer efforts made in Ms. Allen’s letter and which failed to indicate any willingness to correct the deficient responses. (Exhibit “D” to the Declaration of Christine M. Allen, Esq.) Objectors are entitled to a court order compelling Petitioners to serve further responses in compliance with the discovery statutes. II. THE COURT IS AUTHORIZED TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that an answer to a particular interrogatory is evasive or incomplete or if an objection to an interrogatory is without merit or too general. Code of Civ. Proc., § 2030.300(a). As shown below and in moving party's Separate Statement filed herewith, Petitioner served objections without merit and evasive and nonresponsive answers. III. PETITIONER’S RESPONSES ARE DEFICIENT AND REQUIRE AN ORDER COMPELLING FURTHER RESPONSES A. Petitioner’s Responses Are Incomplete, Evasive and Nonresponsive. “Each answer in a response to interrogatories shall be as complete and straightforward as the information reasonably available to the responding party permits.” Code of Civ. Proc., § 2030.220(a). “If an interrogatory cannot be answered completely, it shall be answered to the extent possible. If the responding party does not have personal knowledge sufficient to respond fully to an interrogatory, that party shall so state, but shall make a reasonable and good faith effort to obtain the information by inquiry to other natural persons or organizations, except where the information is equally available to the propounding party.” Code of Civ. Proc., § 2030.220(b) and (c). 2 NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE; REQUEST FOR ORDER AWARDING MONETARY SANCTIONS... ~ O N Wn Bb W N 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Form Interrogatory 17.1 requests that for each response to the requests for admission that is not an unqualified admission, that the responding party state the number of the request, state all facts on which the response is based, state certain identifying information for all persons with knowledge | of those facts and state certain identifying information for all documents and tangible things that support the responding party’s response. - All responses which do not constitute unqualified admissions therefore require a full response to this interrogatory — this covers responses constituting a full or partial denial of the request for admission, all qualified admissions, and all responses indicating that the responding party lacks sufficient information or knowledge to respond. Petitioner has made denials in response to Requests for Admission No. 1,2,4,5,6,7,8, 9, 10,11, 12, 16 and 17, has made a qualified admission to Requests for Admission No. 15, and has not yet provided either qualified or unqualified admissions or denials regarding Request for Admission No. 18, 19, 20, 21. See Exh. F. to the Declaration of Christine M. Allen Esq. Despite the fact that all of these responses do not constitute unqualified admissions, Petitioner claims in response to Form Interrogatory No. 17.1 that her “Response to each Request for Admission served with these interrogatories is an unqualified admission.” Since this is plainly not the case (as she has denied those set forth above, made one qualified admission as set forth above, and has evaded answering those set forth above), her response is both evasive and incomplete in that it fails to provide the required supporting information for the denials and qualified admissions, and Petitioner should be ordered to provide further responses to Form Interrogatory 17.1 as to Requests for Admissions No. 1-2, 4-12, and 15-21. Form Interrogatory 50.1 requests that, “for each agreement alleged in the pleadings,” that Petitioner (a) identify each document that is part of the agreement and for each state the name, address, and telephone number of each person who has the document; (b) state each part of the agreement not in writing; the name, address and telephone number of each person agreeing to that provision, and the date that part of the agreement was made; (c) identify all documents that evidence any part of the agreement not in writing and for each state the name, address, and telephone number | 3 NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE; REQUEST FOR ORDER AWARDING MONETARY SANCTIONS... O O 0 J 10 11 12 13 14 15 16 17 18 19 20 21 72 23 24 25 26 27 28 of each person who has the document; (d) identify all documents tha are part of any modification to the agreement, and for each state the name, address, and telephone number of each person who has the document; (e) state each modification not in writing, the date, and the name, address and telephone number of each person agreeing to the modification and the date the modification was made, and (f) identify all documents that evidence any modification of the agreement not in writing and for each state the name, address, and telephone number of each person who has the document. Interrogatories 50.2 through 50.6 provide as follows: “50.2 Was there a breach of any agreement alleged in the pleadings? If so, for each breach describe and give the date of every act or omission that you claim is the breach of the agreement. “50.3 Was performance of any agreement alleged in the pleadings excused? If so, identify | each agreement excused and state why performance was excused. “50.4 Was any agreement alleged in the pleadings terminated by mutual agreement, release, accord and satisfaction, or novation? If so, identify each agreement terminated, the date of termination, and the basis of the termination. “50.5 Is any agreement alleged in the pleadings unenforceable? If so, identify each unenforceable agreement and state why it is unenforceable. “50.6 Is any agreement alleged in the pleadings ambiguous? If so, identify each ambiguous agreement and state why it is ambiguous.” In responses to each of Form Interrogatory Nos. 50.1 though 50.6, Petitioner has objected that “Responding Party objects to this Form Interrogatory No. 50.1 as unclear, ambiguous and undefined as to the term “‘Agreement.”” Not only does Petitioner therefore fail to give an objection specifically regarding Form Interrogatories 50.2 through 50.6 or provide substantive responses thereto, the objection that a question is unclear or ambiguous are not proper grounds for an objection unless a request is so ambiguous that the responding party cannot in good faith frame an intelligent reply. See Cembrook v. Superior Court (1961) 56 Cal.2d 423, 428-430 and See Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 783. In this case, there is nothing so ambiguous about the term “agreement” (in an approved 4 NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE; REQUEST FOR ORDER AWARDING MONETARY SANCTIONS... EN OS O O XX N N N Wn 12 13 14 15 16 £7 18 19 20 21 22 23 24 25 26 27 28 judicial counsel form) that would prevent Petitioner from framing an intelligent response to any of these interrogatories. Moreover the term “agreement” is not required to be specially defined. Rather, these Form Interrogatories requires the responding party to respond to the various questions as to each agreement alleged in the pleadings. In this case there are two agreements plainly alleged in the pleadings: the Purchase and Sale Agreement entered into with Robert Banuelos’ company for the sale of certain Trust assets and the Lease Agreement entered into with Robert Banuelos’ company for the lease of certain Trust-owned real property. This is plainly set forth in Objectors’ Objections to the Third Account - a pleading in the case. See Exhibit E to the Declaration of Christine M. Allen, Esq. In their Objections to the Third Account, Objectors allege that the agreements fail to comport with the terms of the bid approved by the court, that the Trustees’ have failed to ensure that they comported with the bid, and that by their actions in failing to exclude a promissory note from the terms of the Purchase and Sale Agreement, the Trustees have created an unnecessary additional liability of potentially $2,000,000 for the Trust, that they failed to secure adequate consideration for the many additional provisions in the agreement benefitting Robert Banuelos which were not part of the bid but appear in the agreements, and that they have failed to seek a reformation of the agreement to conform with the terms of the approved bid. It is therefore essential to this case that Petitioner adequately identifies and produce all documents which are a part of these agreements and that she provide responses indicating whether any part of the agreements are not in writing, whether any part of them have been modified, breached, terminated, released, satisfied, or whether performance has been excused or are otherwise unenforceable or ambiguous. Petitioner has evaded providing any substantive answers to these interrogatories with her meritless objections. Thus, her insufficient and evasive responses warrant an order compelling further responses. IV. MOVING PARTY HAS MADE A GOOD FAITH EFFORT TO RESOLVE THE ISSUES ADDRESSED HEREIN A meet and confer declaration made under Section 2016.040 is attached to this motion. As shown in the Declaration of Christine M. Allen, Esq., a letter was sent to meet and confer about the 3 NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE; REQUEST FOR ORDER AWARDING MONETARY SANCTIONS... ~N N a h Bs W N 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 specific issues set forth above and specifically set for the issues with the responses received. The letter received in response from Darrell Brooke, Esq. completely ignored the substance of issues addressed in the meet and confer letter and failed to indicate in any way that Mr. Brooke or his client were willing to make any effort to comply with their obligations under the discovery statutes. Objectors also note that under the Discovery Act, it is clear that no in person “meeting” is required. The attempt to resolve informally may be made either by conferring “in person, by telephone or by letter with an opposing party or attorney.” Code of Civil Proc, § 2023.010(1). V. THIS MOTION IS TIMELY NOTICED Notice of a motion to compel further responses must be given within 45 days of the service of the verified response. Code of Civil Proc., § 2033.290(c). An extension of an additional 5 calendar days also applies herein because the service of the response was by mail. (See Code of Civil Proc., § 1013(a). As shown by the proof of service attached to Petitioner’s response, and the proof of service of this noticed motion, this motion is timely made as moving party has noticed the motion within 50 days of the service of the response. VI. MONETARY SANCTIONS AGAINST PETITIONER AND HER COUNSEL ARE WARRANTED FOR FAILURE TO RESPOND TO LEGITIMATE DISCOVERY AND FOR NECESSITATING THIS MOTION "Misuses of the discovery process include, but are not limited to ... (d) Failing to respond or to submit to an authorized method of discovery... (f) Making an evasive response to discovery... (h) Making or opposing, unsuccessfully and without substantial justification, a motion to compel or to limit discovery." Code of Civ. Proc., § 2023.010. "To the extent authorized by the chapter governing any particular discovery method or any | other provision of this title, the court, after notice to any affected party, person or attorney, and after opportunity for hearing may impose ... sanctions against anyone engaging in conduct that is a misuse of the discovery process..." Code of Civ. Proc., § 2023.030. 6 NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE; REQUEST FOR ORDER AWARDING MONETARY SANCTIONS... iN OS O O © J O N W n 12 13 14 15 16 17 18 19 20 21 2 23 24 25 26 27 28 As to a motion to compel further responses to interrogatories: "The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a further response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust." Code of Civ. Proc., § 2030.290(c). In this case, there is no excuse or justification for Petitioner's refusal to provide further responses in compliance with the discovery statutes, as the problems with the responses all have the same very clear and straightforward issues, which would have been easily remedied by Petitioner by providing Objectors with the supplemental responses requested. The Declaration of Christine M. Allen, Esq. submitted herewith attests to the efforts expended on the part of this moving party to avoid this motion. The purpose of discovery sanctions is to prevent abuse of the discovery process and correct the problem presented. Do v. Superior Court (2003) 109 Cal. App.4th 1210, 1213. It is | evident from the facts presented that Petitioner will not provide the required further responses absent a court order and the imposition of sanctions. Pursuant to Code of Civil Procedure, Sections 2023.010, 2023.030, and 2030.300, Objector submits that given the lack of compliance by the responding party, sanctions should properly be | awarded to Objector Martin Anthony Torres, and against Petitioner Ramona Banuelos, and her counsel of record, Darrell Brooke, Esq. in the amount of $2,735.00, as reflected in the Declaration of Christine M. Allen, Esq. VII. CONCLUSION For the foregoing reasons, Objector respectfully requests that the Court grant the Motion to Compel further responses to Form Interrogatories, Set One - Nos. 17.1 and Nos. 50.1 through 50.6, | propounded on April 5, 2018, and issue an order directing Petitioner Ramona Banuelos, to serve said | verified further responses, without objections within 15 days of the Court’s order granting this Motion. 7 NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE; REQUEST FOR ORDER AWARDING MONETARY SANCTIONS... ~N N n Bb W N OO 0 10 11 12 13 14 13 16 17 18 19 20 ¢ 22 23 24 28 26 27 28 Additionally, Petitioner respectfully requests monetary sanctions be awarded in the amount of $2,735.00, against Petitioner Ramona Banuelos and her counsel Darrell Brooke, Esq., and in favor of Objector Martin Anthony Torres for misuse of discovery and for opposing this motion without | substantial justification. Respectfully submitted, Dated: June YY , 2018 BarthCalderon, LLP CM. By: Christine M. Allen, Esq. Attorneys for Objector 8 NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE; REQUEST FOR ORDER AWARDING MONETARY SANCTIONS... 1/| Christine M. Allen (SBN 247779) BarthCalderon LLP 2|| 333 City Boulevard West, Suite 2050 Orange, California 92868 3|| Telephone: (714) 704-4828 Facsimile: (714) 704-1513 ChristineAllen@barthattorneys.com Attorney for Objectors Martin Anthony Torres, Brian Torres, and Michael Torres 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF LOS ANGELES 10 1 p— In the matter of the: Case No. BP129011 12 13 ROMANA ACOSTA BANUELOS TRUST dated June 24, 1988 DECLARATION OF CHRISTINE M. ALLEN, ESQ. IN SUPPORT OF MOTION TO COMPEL ) ) ) ) 14 ) FURTHER RESPONSES TO FORM ) INTERROGATORIES, SET ONE 15 ) ) Trust Account filed: 1/9/2018 16 ) Trial Date: Not yet set ) Judge: Hon. Clifford Klein 17 ) ) Hearing Date: 9/17/2018 18 ) Time: 10:00 a.m. ) Dept: 9 19 20 21|| IL, Christine M. Allen, Esq., declare as follows: 22 1 I have personal knowledge of the facts set forth herein and if called upon to testify as | 23| to them, I could and would competently do so. 24 2, I am an attorney duly licensed to practice law before all courts of the State of 25|| California. My law firm, BarthCalderon, LLP, is counsel for Objectors Martin Anthony Torres, 26| Brian Torres and Michael Torres, in this action. 27 3, This declaration is submitted in support of Objector Martin Anthony Torres” motion 28|| for an order compelling Petitioner Ramona Banuelos to serve further responses to Form 1 DECLARATION OF CHRISTINE M. ALLEN, ESQ. IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE ~ N 10 11 12 13 14 15 16 i 18 19 20 21 22 23 24 25 26 27 28 Interrogatories, Set No. One, served on her on April 5, 2018 and requesting sanctions against Ramona Banuelos and her counsel of record, Darrell Brooke, Esq. 4. This action involves a trust accounting filed by two co-trustees of a trust and the objections thereto filed by three beneficiaries, largely concerning the co-trustees’ actions taken during the account period in connection with the execution of a Purchase and Sale Agreement and Lease Agreement involving the sale and lease of Trust property to the son of Petitioner Ramona Banuelos, Robert Banuelos. 8 On April 5, 2018, Objector served Form Interrogatories, Set No One, on Petitioner Ramona Banuelos, pursuant to Code of Civil Procedure, Sections 2030.300 et seq. These interrogatories comprised Form Interrogatories Nos. 1.0 through 50.6. A true and correct copy of these Form Interrogatories is attached hereto as Exhibit "A." 6. On May4, 2018, Petitioner Ramona Banuelos served her responses (a true and correct copy of which is attached hereto as Exhibit "B"), which as to Form Interrogatories Nos. 17.1 and 50.1 though 50.6 were deficient in that they contained no substantive responses, and also as to Form Interrogatories 50.1 though 50.6, they contained objections without merit. See, Moving Party's Separate Statement, served and filed herewith. 7. On May 29, 2018, I sent a letter to Darrell Brooke, Esq., counsel for Ramona | Banuelos, via both email and mail, to meet and confer with him about the deficiencies in the responses received. A true and correct copy of this letter is attached hereto as Exhibit “C.” As shown in the letter, I specifically set forth the law and facts showing that the aforementioned responses were deficient. 8. Specifically, as to Form Interrogatory 17.1, I indicated that Petitioner’s Response claiming that all of her responses to the requests for admissions were unqualified admissions was not true in that Petitioner has made denials in response to Requests for Admission No. 1, 2,4, 5,6, 7, 8, 9,10,11,12, 16 and 17, has made a qualified admission to Requests for Admission No. 15, and has not yet provided either qualified or unqualified admissions or denials regarding Request for Admission No. 18, 19, 20, 21, thus her response to 17.1 was evasive and substantive and complete responses were required. A true and correct copy of Petitioner’s Response to Request for Admissions | 2 DECLARATION OF CHRISTINE M. ALLEN, ESQ. IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE OO 0 J ON n b 10 11 12 13 14 13 16 17 18 19 20 21 22 23 24 23 26 27 28 is attached hereto as Exhibit “F”. 9. As to Form Interrogatories 50.1-50.6, I indicated that the objections that the term “Agreement” is unclear, ambiguous and undefined” was not well taken, given that this interrogatory requires specific information as to each agreement alleged in the pleadings and that the requests were not so ambiguous as to prevent Petitioner from forming an intelligent reply. 10. In this case there are two agreements plainly alleged in the pleadings: the Purchase and Sale Agreement entered into with Robert Banuelos’ company for the sale of certain Trust assets and | the Lease Agreement (aka Facility Lease) entered into with Robert Banuelos’ company for the lease of certain Trust-owned real property. This is plainly set forth in Objectors” Objections to the Third Account - a pleading in the case. A true and correct copy of these Objections is attached hereto as Exhibit E. (See Exhibit, E, page 2, paragraph 2) 11. In their Objections to the Third Account, Objectors allege that the agreements fail to | comport with the terms of the bid approved by the court, that the Trustees’ have failed to ensure that | they comported with the bid, and that by their actions in failing to exclude a promissory note from the terms of the Purchase and Sale Agreement, the Trustees have created an unnecessary additional liability of potentially $2,000,000 for the Trust, that they failed to secure adequate consideration for the many additional provisions in the agreement benefitting Robert Banuelos which were not part of the bid but appear in the agreements, and that they have failed to seek a reformation of the agreement to conform with the terms of the approved bid. 12. It is therefore essential to this case that Petitioner adequately identifies and produces all documents which are a part of these agreements and that she provide responses indicating whether any part of the agreements are not in writing, whether any part of them have been modified, breached, terminated, released, satisfied, or whether performance has been excused or are otherwise unenforceable or ambiguous. 13. In response to my meet and confer letter, on June 5, 2018, Mr. Brooke responded by letter, which response entirely ignored the substance of the meet and confer efforts made in my letter and which failed to indicate any willingness to correct the deficient responses. A true and correct copy of this letter is attached hereto as Exhibit “D.” 3 DECLARATION OF CHRISTINE M. ALLEN, ESQ. IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE 0 J ON \O 10 11 12 13 14 15 16 17 18 19 20 21 29 23 24 25 26 27 28 14. For these reasons, the insufficient and evasive responses to Form Interrogatory 17.1 and 50.1 through 50.6 warrant an order compelling further responses. 15. As the result of Petitioner's refusal to serve proper responses despite my meet and confer efforts, I have been required make the instant motion. In all, I have expended 3.5 hours in | preparing the motion and supporting documents, including drafting the notice of motion and motion, the memorandum of points and authorities in support thereof, my supporting declaration, the separate statement and proposed order. My hourly billing rate in this matter is $400.00, which for 3.5 hours expended, totals $1,400.00. In addition, Objector has paid a $60.00 filing fee. 16. Co-Counsel at the Velasco Law Group will be handling this matter while I am out on maternity leave. I expect another 1.5 hours will be required to be spent on behalf of Objector to draft any reply that might be necessitated, and another 3.0 hours to travel to and appear at the hearing of this motion and the other motion regarding Requests for Admission concurrently filed, such that 1.5 hour is attributable to this motion for travel and appearance on this motion, for an expected additional total time of 3 hours. Co-Counsel’s hourly billing rate is $425.00, which for 3 hours totals $1,275.00. 17. Therefore Objector requests that Petitioner Ramona Banuelos and/or her counsel, | Darrell Brooke, Esq., be ordered to pay monetary sanctions to Objector in the sum of $2,735.00. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 14th day of June, 2018, at Orange, California. By: OM. Christine M. Allen, Esq. 4 DECLARATION OF CHRISTINE M. ALLEN, ESQ. IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE DISC-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Christine M. Allen, Esq. (SBN 247779) | __ BarthCalderon LLP 333 City Boulevard West, Suite 2050 Orange, CA 92868 TELEPHONE NO: (714) 704-4828 FAX NO. (Optional): (714) 704-1513 E-MAIL ADDRESS (Optional): christineallen(@barthattorneys.com ATTORNEY FOR (Name): Objector Martin Anthony Torres SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES 111 N. Hill Street, Los Angeles, CA 90012 SHORT TITLE OF CASE: In re: The Romana Acosta Banuelos Trust Asking Party: Objector Martin Anthony Torres Set No.: One FORM INTERROGATORIES—GENERAL Answering Party: Petitioner Romana Banuelos, Co-Trustee CASE NUMBER: BP129011 Sec. 1. Instructions to All Parties (a) Interrogatories are written questions prepared by a party to an action that are sent to any other party in the action to be answered under oath. The interrogatories below are form interrogatories approved for use in civil cases. (b) For time limitations, requirements for service on other parties, and other details, see Code of Civil Procedure sections 2030.010-2030.410 and the cases construing those sections. (c) These form interrogatories do not change existing law relating to interrogatories nor do they affect an answering party's right to assert any privilege or make any objection. Sec. 2. Instructions to the Asking Party (a) These interrogatories are designed for optional use by parties in unlimited civil cases where the amount demanded exceeds $25,000. Separate interrogatories, Form Interrogatories—Limited Civil Cases (Economic Litigation) (form DISC-004), which have no subparts, are designed for use in limited civil cases where the amount demanded is $25,000 or less; however, those interrogatories may also be used in unlimited civil cases. (b) Check the box next to each interrogatory that you want the answering party to answer. Use care in choosing those interrogatories that are applicable to the case. (c) You may insert your own definition of INCIDENT in Section 4, but only where the action arises from a course of conduct or a series of events occurring over a period of time. (d) The interrogatories in section 16.0, Defendant's Contentions—Personal Injury, should not be used until the defendant has had a reasonable opportunity to conduct an investigation or discovery of plaintiff's injuries and damages. (e) Additional interrogatories may be attached. Sec. 3. Instructions to the Answering Party (a) An answer or other appropriate response must be given to each interrogatory checked by the asking party. (b) As a general rule, within 30 days after you are served with these interrogatories, you must serve your responses on the asking party and serve copies of your responses on all other parties to the action who have appeared. See Code of Civil Procedure sections 2030.260-2030.270 for details. (c) Each answer must be as complete and straightforward as the information reasonably available to you, including the information possessed by your attorneys or agents, permits. If an interrogatory cannot be answered completely, answer it to the extent possible. (d) If you do not have enough personal knowledge to fully answer an interrogatory, say so, but make a reasonable and good faith effort to get the information by asking other persons or organizations, unless the information is equally available to the asking party. (e) Whenever an interrogatory may be answered by referring to a document, the document may be attached as an exhibit to the response and referred to in the response. If the document has more than one page, refer to the page and section where the answer to the interrogatory can be found. (f) Whenever an address and telephone number for the same person are requested in more than one interrogatory, you are required to furnish them in answering only the first interrogatory asking for that information. (g) If you are asserting a privilege or making an objection to an interrogatory, you must specifically assert the privilege or state the objection in your written response. (h) Your answers to these interrogatories must be verified, dated, and signed. You may wish to use the following form at the end of your answers: | declare under penalty of perjury under the laws of the State of California that the foregoing answers are true and correct. (DATE) (SIGNATURE) Sec. 4. Definitions Words in BOLDFACE CAPITALS in these interrogatories are defined as follows: (a) (Check one of the following): [CJ (1) INCIDENT includes the circumstances and events surrounding the alleged accident, injury, or other occurrence or breach of contract giving rise to this action or proceeding. Page 10of 8 Form Approved for Optional Use Judicial Council of California DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Code of Civil Procedure. EXHIBIT 4 (2) INCIDENT means (insert your definition here or on a separate, attached sheet labeled “Sec. 4(a)(2)"): The administration of the Romana Banuelos Acosta Trust during the period of March 1, 2015 to present. (b) YOU OR ANYONE ACTING ON YOUR BEHALF includes you, your agents, your employees, your insurance companies, their agents, their employees, your attorneys, your accountants, your investigators, and anyone else acting on your behalf. (c) PERSON includes a natural person, firm, association, organization, partnership, business, trust, limited liability company, corporation, or public entity. (d) DOCUMENT means a writing, as defined in Evidence Code section 250, and includes the original or a copy of handwriting, typewriting, printing, photostats, photographs, electronically stored information, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them. (e) HEALTH CARE PROVIDER includes any PERSON referred to in Code of Civil Procedure section 667.7(e)(3). (f) ADDRESS means the street address, including the city, state, and zip code. Sec. 5. Interrogatories The following interrogatories have been approved by the Judicial Council under Code of Civil Procedure section 2033.710: CONTENTS 1.0 Identity of Persons Answering These Interrogatories 2.0 General Background Information—Individual 3.0 General Background Information—Business Entity 4.0 Insurance 5.0 [Reserved] 6.0 Physical, Mental, or Emotional Injuries 7.0 Property Damage 8.0 Loss of Income or Earning Capacity 9.0 Other Damages 10.0 Medical History 11.0 Other Claims and Previous Claims 12.0 Investigation—General 13.0 Investigation—Surveillance 14.0 Statutory or Regulatory Violations 15.0 Denials and Special or Affirmative Defenses 16.0 Defendant's Contentions Personal Injury 17.0 Responses to Request for Admissions 18.0 [Reserved] 19.0 [Reserved] 20.0 How the Incident Occurred—Motor Vehicle 25.0 [Reserved] 30.0 [Reserved] 40.0 [Reserved] 50.0 Contract 60.0 [Reserved] 70.0 Unlawful Detainer [See separate form DISC-003] 101.0 Economic Litigation [See separate form DISC-004] 200.0 Employment Law [See separate form DISC-002] Family Law [See separate form FL-145] DISC-001 1.0 Identity of Persons Answering These Interrogatories 1.1 State the name, ADDRESS, telephone number, and relationship to you of each PERSON who prepared or assisted in the preparation of the responses to these interrogatories. (Do not identify anyone who simply typed or reproduced the responses.) 2.0 General Background Information—individual 2.1 State: (a) your name; (b) every name you have used in the past; and (c) the dates you used each name. 2.2 State the date and place of your birth. 2.3 At the time of the INCIDENT, did you have a driver's license? If so state: (a) the state or other issuing entity; (b) the license number and type; (c) the date of issuance; and (d) all restrictions. 2.4 Atthe time of the INCIDENT, did you have any other permit or license for the operation of a motor vehicle? If so, state: (a) the state or other issuing entity; (b) the license number and type; (c) the date of issuance; and (d) all restrictions. 2.5 State: (a) your present residence ADDRESS; (b) your residence ADDRESSES for the past five years; and (c) the dates you lived at each ADDRESS. 2.6 State: © (a) the name, ADDRESS, and telephone number of your present employer or place of self-employment; and (b) the name, ADDRESS, dates of employment, job title, and nature of work for each employer or self-employment you have had from five years before the INCIDENT until today. 2.7 State: (a) the name and ADDRESS of each school or other academic or vocational institution you have attended, beginning with high school; (b) the dates you attended, (c) the highest grade level you have completed; and (d) the degrees received. 2.8 Have you ever been convicted of a felony? If so, for each conviction state: (a) the city and state where you were convicted; (b) the date of conviction; (c) the offense; and (d) the court and case number. 29 Can you speak English with ease? If not, what language and dialect do you normally use? 2.10 Can you read and write English with ease? If not, what language and dialect do you normally use? DISC-001 (Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 2 of 8 ] 2.11 Atthe time of the INCIDENT were you acting as an agent or employee for any PERSON? If so, state: (a) the name, ADDRESS, and telephone number of that PERSON: and (b) a description of your duties. 2.12 At the time of the INCIDENT did you or any other person have any physical, emotional, or mental disability or condition that may have contributed to the occurrence of the INCIDENT? If so, for each person state: (a) the name, ADDRESS, and telephone number; (b) the nature of the disability or condition; and (c) the manner in which the disability or contributed to the occurrence of the INCIDENT. condition 2.13 Within 24 hours before the INCIDENT did you or any person involved in the INCIDENT use or take any of the following substances: alcoholic beverage, marijuana, or other drug or medication of any kind (prescription or not)? If so, for each person state: (a) the name, ADDRESS, and telephone number; (b) the nature or description of each substance; (c) the quantity of each substance used or taken; (d) the date and time of day when each substance was used or taken; (e) the ADDRESS where each substance was used or taken; (fy the name, ADDRESS, and telephone number of each person who was present when each substance was used or taken; and (9) the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER who prescribed or furnished the substance and the condition for which it was prescribed or furnished. 3.0 General Background Information—Business Entity [1 3.1 Are you a corporation? If so, state: (a) the name stated in the current articles of incorporation; (b) all other names used by the corporation during the past 10 years and the dates each was used; (c) the date and place of incorporation; (d) the ADDRESS of the principal place of business; and (e) whether you are qualified to do business in California. 3.2 Are you a partnership? If so, state: (a) the current partnership name; (b) all other names used by the partnership during the past 10 years and the dates each was used, (c) whether you are a limited partnership and, if so, under the laws of what jurisdiction; (d) the name and ADDRESS of each general partner; and (e) the ADDRESS of the principal place of business. 3.3 Are you a limited liability company? If so, state: (a) the name stated in the current articles of organization; (b) all other names used by the company during the past 10 years and the date each was used; (c) the date and place of filing of the articles of organization; (d) the ADDRESS of the principal place of business; and (e) whether you are qualified to do business in California. [] DISC-001 3.4 Are you a joint venture? If so, state: (a) the current joint venture name; (b) all other names used by the joint venture during the past 10 years and the dates each was used; (c) the name and ADDRESS of each joint venturer; and (d) the ADDRESS of the principal place of business. 3.5 Are you an unincorporated association? If so, state: (a) the current unincorporated association name; (b) all other names used by the unincorporated association during the past 10 years and the dates each was used; and (c) the ADDRESS of the principal place of business. 3.6 Have you done business under a fictitious name during the past 10 years? If so, for each fictitious name state: (a) the name; (b) the dates each was used; (c) the state and county of each fictitious name filing; and (d) the ADDRESS of the principal place of business. 3.7 Within the past five years has any public entity regis- tered or licensed your business? If so, for each license or registration: (a) identify the license or registration; (b) state the name of the public entity; and (c) state the dates of issuance and expiration. 4,0 Insurance Es OJ 4.1 Atthe time of the INCIDENT, was there in effect any policy of insurance through which you were or might be insured in any manner (for example, primary, pro-rata, or excess liability coverage or medical expense coverage) for the damages, claims, or actions that have arisen out of the INCIDENT? If so, for each policy state: (a) the kind of coverage; (b) the name and ADDRESS of the insurance company; (c) the name, ADDRESS, and telephone number of each named insured; (d) the policy number; (e) the limits of coverage for each type of coverage con- tained in the policy; (f) whether any reservation of rights or controversy or coverage dispute exists between you and the insurance company; and (g) the name, ADDRESS, and telephone number of the custodian of the policy. 4.2 Are you self-insured under any statute for the damages, claims, or actions that have arisen out of the INCIDENT? If so, specify the statute. 5.0 [Reserved] 6.0 J [J Physical, Mental, or Emotional Injuries 6.1 Do you attribute any physical, mental, or emotional injuries to the INCIDENT? (If your answer is “no,” do not answer interrogatories 6.2 through 6.7). 6.2 Identify each injury you attribute to the INCIDENT and the area of your body affected. DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 3 of 8 ] 6.3 Do you still have any complaints that you attribute to the INCIDENT? If so, for each complaint state: (a) a description; (b) whether the complaint is subsiding, remaining the same, or becoming worse; and (c) the frequency and duration. [] 6.4 Did you receive any consultation or examination (except from expert witnesses covered by Code of Civil Procedure sections 2034.210-2034.310) or treatment from a HEALTH CARE PROVIDER for any injury you attribute to the INCIDENT? If so, for each HEALTH CARE PROVIDER state: (a) the name, ADDRESS, and telephone number; (b) the type of consultation, examination, or provided; (c) the dates you received consultation, examination, or treatment; and (d) the charges to date. treatment ] 6.5 Have you taken any medication, prescribed or not, as a result of injuries that you attribute to the INCIDENT? If so, for each medication state: (a) the name; (b) the PERSON who prescribed or furnished it; (c) the date it was prescribed or furnished; (d) the dates you began and stopped taking it; and (e) the cost to date. ] 6.6 Are there any other medical services necessitated by the injuries that you attribute to the INCIDENT that were not previously listed (for example, ambulance, nursing, prosthetics)? If so, for each service state: (a) the nature; (b) the date; (c) the cost; and ) (d) the name, ADDRESS, and telephone number of each provider. 6.7 Has any HEALTH CARE PROVIDER advised that you may require future or additional treatment for any injuries that you attribute to the INCIDENT? If so, for each injury state: (a) the name and ADDRESS of each HEALTH CARE PROVIDER; (b) the complaints for which the treatment was advised; and (c) the nature, duration, and estimated cost of the treatment. Property Damage 7.1 Do you attribute any loss of or damage to a vehicle or other property to the INCIDENT? If so, for each item of property: (a) describe the property; (b) describe the nature and location of the damage to the property; [l g [ O o o o o d DISC-001 (c) state the amount of damage you are claiming for each item of property and how the amount was calculated; and (d) if the property was sold, state the name, ADDRESS, and telephone number of the seller, the date of sale, and the sale price. 7.2 Has a written estimate or evaluation been made for any item of property referred to in your answer to the preceding interrogatory? If so, for each estimate or evaluation state: (a) the name, ADDRESS, and telephone number of the PERSON who prepared it and the date prepared; (b) the name, ADDRESS, and telephone number of each PERSON who has a copy of it; and (c) the amount of damage stated. 7.3 Has any item of property referred to in your answer to interrogatory 7.1 been repaired? If so, for each item state: (a) the date repaired; (b) a description of the repair; (c) the repair cost; (d) the name, ADDRESS, and telephone number of the PERSON who repaired it; (e) the name, ADDRESS, and telephone number of the PERSON who paid for the repair. Loss of Income or Earning Capacity 8.1 Do you attribute any loss of income or earning capacity to the INCIDENT? (If your answer is “no,” do not answer interrogatories 8.2 through 8.8). 8.2 State: (a) the nature of your work; (b) your job title at the time of the INCIDENT; and (c) the date your employment began. 8.3 State the last date before the INCIDENT that you worked for compensation. 8.4 State your monthly income at the time of the INCIDENT and how the amount was calculated. 8.5 State the date you returned to work at each place of employment following the INCIDENT. 8.6 State the dates you did not work and for which you lost income as a result of the INCIDENT. 8.7 State the total income you have lost to date as a result of the INCIDENT and how the amount was calculated. 8.8 Will you lose income in the future as a result of the INCIDENT? If so, state: (a) the facts upon which you base this contention; an estimate of the amount; an estimate of how long you will be unable to work; and how the claim for future income is calculated. (b) (c) (d) DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 4 of 8 9.0 Other Damages ] 9.1 Are there any other damages that you attribute to the INCIDENT? If so, for each item of damage state: (a) the nature; (b) the date it occurred; (c) the amount; and (d) the name, ADDRESS, and telephone number of each PERSON to whom an obligation was incurred. [] 9.2 Do any DOCUMENTS support the existence or amount of any item of damages claimed in interrogatory 9.17 If so, describe each document and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 10.0 Medical History [] 10.1 At any time before the INCIDENT did you have com- plaints or injuries that involved the same part of your body claimed to have been injured in the INCIDENT? If so, for each state: (a) a description of the complaint or injury; (b) the dates it began and ended; and (c) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER whom you consulted or who examined or treated you. CJ 10.2 List all physical, mental, and emotional disabilities you had immediately before the INCIDENT. (You may omit mental or emotional disabilities unless you attribute any mental or emotional injury to the INCIDENT.) [1103 At any time after the INCIDENT, did you sustain injuries of the kind for which you are now claiming damages? If so, for each incident giving rise to an injury state: (a) the date and the place it occurred; (b) the name, ADDRESS, and telephone number of any other PERSON involved; (c) the nature of any injuries you sustained; (d) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER who you consulted or who examined or treated you; and (e) the nature of the treatment and its duration. 11.0 Other Claims and Previous Claims ] 11.1 Except for this action, in the past 10 years have you filed an action or made a written claim or demand for compensation for your personal injuries? If so, for each action, claim, or demand state: (a) the date, time, and place and location (closest street ADDRESS or intersection) of the INCIDENT giving rise to the action, claim, or demand, (b) the name, ADDRESS, and telephone number of each PERSON against whom the claim or demand was made or the action filed; DISC-001 (c) the court, names of the parties, and case number of any action filed; (d) the name, ADDRESS, and telephone number of any attorney representing you; (e) whether the claim or action has been resolved or is pending; and (f) a description of the injury. 11.2 In the past 10 years have you made a written claim or demand for workers' compensation benefits? If so, for each claim or demand state: (a) the date, time, and place of the INCIDENT giving rise to the claim; (b) the name, ADDRESS, and telephone number of your employer at the time of the injury; (c) the name, ADDRESS, and telephone number of the workers’ compensation insurer and the claim number; (d) the period of time during which you received workers’ compensation benefits; (e) a description of the injury: (f) the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER who provided services; and (g) the case number at the Workers’ Compensation Appeals Board. 12.0 Investigation—General ] 12.1 State the name, ADDRESS, and telephone number of each individual: (a) who witnessed the INCIDENT or the events occurring immediately before or after the INCIDENT; (b) who made any statement at the scene of the INCIDENT; (c) who heard any statements made about the INCIDENT by any individual at the scene; and (d) who YOU OR ANYONE ACTING ON YOUR BEHALF claim has knowledge of the INCIDENT (except for expert witnesses covered by Code of Civil Procedure section 2034). 122 Have YOU OR ANYONE ACTING ON YOUR BEHALF interviewed any individual concerning the INCIDENT? If so, for each individual state: (a) the name, ADDRESS, and telephone number of the individual interviewed; (b) the date of the interview; and (c) the name, ADDRESS, and telephone number of the PERSON who conducted the interview. 12.3 Have YOU OR ANYONE ACTING ON YOUR BEHALF obtained a written or recorded statement from any individual concerning the INCIDENT? If so, for each statement state: (a) the name, ADDRESS, and telephone number of the individual from whom the statement was obtained; (b) the name, ADDRESS, and telephone number of the individual who obtained the statement; (c) the date the statement was obtained; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original statement or a copy. ISC001 (Rev. January 1.2003] FORM INTERROGATORIES—GENERAL Page 5 of 8 ] 12.4 Do YOU OR ANYONE ACTING ON YOUR BEHALF know of any photographs, films, or videotapes depicting any place, object, or individual concerning the INCIDENT or plaintiff's injuries? If so, state: (a) the number of photographs or feet of film or videotape; (b) the places, objects, or persons photographed, filmed, or videotaped; (c) the date the photographs, films, or videotapes were taken; (d) the name, ADDRESS, and telephone number of the individual taking the photographs, fims, or videotapes; and (e) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of the photographs, films, or videotapes. ] 12.5 Do YOU OR ANYONE ACTING ON YOUR BEHALF know of any diagram, reproduction, or model of any place or thing (except for items developed by expert witnesses covered by Code of Civil Procedure sections 2034.210— 2034.310) concerning the INCIDENT? If so, for each item state: (a) the type (i.e., diagram, reproduction, or model); (b) the subject matter; and (c) the name, ADDRESS, and telephone number of each PERSON who has it. [[] 126 Was a report made by any PERSON concerning the INCIDENT? If so, state: (a) the name, title, identification number, and employer of the PERSON who made the report; (b) the date and type of report made; (c) the name, ADDRESS, and telephone number of the PERSON for whom the report was made; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of the report. [[]127 Have YOU OR ANYONE ACTING ON YOUR BEHALF inspected the scene of the INCIDENT? If so, for each inspection state: (a) the name, ADDRESS, and telephone number of the individual making the inspection (except for expert witnesses covered by Code of Civil Procedure sections 2034.210-2034.310); and (b) the date of the inspection. 13.0 Investigation—Surveillance [] 13.1 Have YOU OR ANYONE ACTING ON YOUR BEHALF conducted surveillance of any individual involved in the INCIDENT or any party to this action? If so, for each sur- veillance state: (a) the name, ADDRESS, and telephone number of the individual or party; (b) the time, date, and place of the surveillance; (c) the name, ADDRESS, and telephone number of the individual who conducted the surveillance; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of any surveillance photograph, film, or videotape. } DISC-001 ] 13.2 Has a written report been prepared on the surveillance? If so, for each written report state: (a) the title; (b) the date; (c) the name, ADDRESS, and telephone number of the individual who prepared the report; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy. 14.0 Statutory or Regulatory Violations ] 14.1 Do YOU OR ANYONE ACTING ON YOUR BEHALF contend that any PERSON involved in the INCIDENT violated any statute, ordinance, or regulation and that the violation was a legal (proximate) cause of the INCIDENT? If so, identify the name, ADDRESS, and telephone number of each PERSON and the statute, ordinance, or regulation that was violated. ] 14.2 Was any PERSON cited or charged with a violation of any statute, ordinance, or regulation as a result of this INCIDENT? If so, for each PERSON state: (a) the name, ADDRESS, and telephone number of the PERSON; (b) the statute, ordinance, or regulation allegedly violated, (c) whether the PERSON entered a plea in response to the citation or charge and, if so, the plea entered; and (d) the name and ADDRESS of the court or administrative agency, names of the parties, and case number. 15.0 Denials and Special or Affirmative Defenses [7] 15.1 Identify each denial of a material allegation and each special or affirmative defense in your pleadings and for each: (a) state all facts upon which you base the denial or special or affirmative defense; (b) state the names, ADDRESSES, and telephone numbers of al PERSONS who have knowledge of those facts; and (c) identify all DOCUMENTS and other tangible things that support your denial or special or affirmative defense, and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 16.0 Defendant's Contentions—Personal Injury 1] 16.1 Do you contend that any PERSON, other than you or plaintiff, contributed to the occurrence of the INCIDENT or the injuries or damages claimed by plaintiff? If so, for each PERSON: (a) state the name, ADDRESS, and telephone number of the PERSON; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. ) ] 16.2 Do you contend that plaintiff was not injured in the INCIDENT? If so: (a) state all facts upon which you base your contention; (b) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (c) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. DISC-C01 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 6 of 8 ] 16.3 Do you contend that the injuries or the extent of the injuries claimed by plaintiff as disclosed in discovery proceedings thus far in this case were not caused by the INCIDENT? If so, for each injury: (a) identify it; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. ] 16.4 Do you contend that any of the services furnished by any HEALTH CARE PROVIDER claimed by plaintiff in discovery proceedings thus far in this case were not due to the INCIDENT? If so: (a) identify each service; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. 1] 16.5 Do you contend that any of the costs of services furnished by any HEALTH CARE PROVIDER claimed as damages by plaintiff in discovery proceedings thus far in this case were not necessary or unreasonable? If so: (a) identify each cost; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. 1 16.6 Do you contend that any part of the loss of earnings or income claimed by plaintiff in discovery proceedings thus far in this case was unreasonable or was not caused by the INCIDENT? If so: (a) identify each part of the loss; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. [] 16.7 Do you contend that any of the property damage claimed by plaintiff in discovery Proceedings thus far in this case was not caused by the INCIDENT? If so: (a) identify each item of property damage; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. DISC-001 ] 16.8 Do you contend that any of the costs of repairing the property damage claimed by plaintiff in discovery proceedings thus far in this case were unreasonable? If so: (a) identify each cost item; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. ] 16.9 Do YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT (for example, insurance bureau index reports) concerning claims for personal injuries made before or after the INCIDENT by a plaintiff in this case? If so, for each plaintiff state: (a) the source of each DOCUMENT; (b) the date each claim arose; (c) the nature of each claim; and (d) the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. ] 16.10 Do YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT concerning the past or present physical, mental, or emotional condition of any plaintiff in this case from a HEALTH CARE PROVIDER not previously identified (except for expert witnesses covered by Code of Civil Procedure sections 2034.210-2034.310)? If so, for each plaintiff state: (a) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER; (b) a description of each DOCUMENT; and (c) the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 17.0 Responses to Request for Admissions 17.1 Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: (a) state the number of the request; (b) state all facts upon which you base your response; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (d) identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. 18.0 [Reserved] 19.0 [Reserved] 20.0 How the Incident Occurred—Motor Vehicle [] 20.1 State the date, time, and place of the INCIDENT (closest street ADDRESS or intersection). ] 20.2 For each vehicle involved in the INCIDENT, state: (a) the year, make, model, and license number; (b) the name, ADDRESS, and telephone number of the driver; DISC-001 [Rev. January 1. 2008] FORM INTERROGATORIES—GENERAL Page 7 of 8 (c) the name, ADDRESS, and telephone number of each occupant other than the driver; (d) the name, ADDRESS, and telephone number of each registered owner; (e) the name, ADDRESS, and telephone number of each lessee; (f) the name, ADDRESS, and telephone number of each owner other than the registered owner or lien holder; and (g)the name of each owner who gave permission or consent to the driver to operate the vehicle. 7] 20.3 State the ADDRESS and location where your trip began and the ADDRESS and location of your destination. ] 20.4 Describe the route that you followed from the beginning of your trip to the location of the INCIDENT, and state the location of each stop, other than routine traffic stops, during the trip leading up to the INCIDENT. ] 20.5 State the name of the street or roadway, the lane of travel, and the direction of travel of each vehicle involved in the INCIDENT for the 500 feet of travel before the INCIDENT. [J206 Did the INCIDENT occur at an intersection? If so, describe all traffic control devices, signals, or signs at the intersection. ] 20.7 Was there a traffic signal facing you at the time of the INCIDENT? If so, state: (a) your location when you first saw it; (b) the color; (c) the number of seconds it had been that color; and (d) whether the color changed between the time you first saw it and the INCIDENT. 1 20.8 State how the INCIDENT occurred, giving the speed, direction, and location of each vehicle involved: (a) just before the INCIDENT; (b) at the time of the INCIDENT; and (c) just after the INCIDENT. ] 20.9 Do you have information that a malfunction or defect in a vehicle caused the INCIDENT? If so: (a) identify the vehicle; (b) identify each malfunction or defect; (c) state the name, ADDRESS, and telephone number of each PERSON who is a witness to or has information about each malfunction or defect; and (d) state the name, ADDRESS, and telephone number of each PERSON who has custody of each defective part. [120.10 Do you have information that any malfunction or defect in a vehicle contributed to the injuries sustained in the INCIDENT? If so: (a) identify the vehicle; (b) identify each malfunction or defect; (c) state the name, ADDRESS, and telephone number of each PERSON who is a witness to or has information about each malfunction or defect; and DISC-001 (d) state the name, ADDRESS, and telephone number of each PERSON who has custody of each defective part. ] 20.11 State the name, ADDRESS, and telephone number of each owner and each PERSON who has had possession since the INCIDENT of each vehicle involved in the INCIDENT. 25.0 [Reserved] 30.0 [Reserved] 40.0 [Reserved] 50.0 Contract 50.1 For each agreement alleged in the pleadings: (a) identify each DOCUMENT thatis part of the agreement and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT; state each part of the agreement not in writing, the name, ADDRESS, and telephone number of each PERSON agreeing to that provision, and the date that part of the agreement was made; (c) identify all DOCUMENTS that evidence any part of the agreement not in writing and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT; (d) identify all DOCUMENTS that are part of any modification to the agreement, and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT; state each modification not in writing, the date, and the name, ADDRESS, and telephone number of each PERSON agreeing to the modification, and the date the modification was made; (f) identify all DOCUMENTS that evidence any modification of the agreement not in writing and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT. (b ~ ~ — (e 50.2 Was there a breach of any agreement alleged in the pleadings? If so, for each breach describe and give the date of every act or omission that you claim is the breach of the agreement. 50.3 Was performance of any agreement alleged in the pleadings excused? If so, identify each agreement excused and state why performance was excused. 50.4 Was any agreement alleged in the pleadings terminated by mutual agreement, release, accord and satisfaction, or novation? If so, identify each agreement terminated, the date of termination, and the basis of the termination. 50.5 Is any agreement alleged in the pleadings unenforce- able? If so, identify each unenforceable agreement and state why it is unenforceable. 50.6 Is any agreement alleged in the pleadings ambiguous? If so, identify each ambiguous agreement and state why it is ambiguous. 60.0 [Reserved] DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 8 of 8 PROOF OF SERVICE STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. I am over the age of eighteen and not a party to the within action. My business address is 333 City Boulevard West, Suite 2050, Orange, CA 92868. On April 5, 2018, I served the foregoing FORM INTERROGATORIES, SET ONE, PROPOUNDED TO RAMONA BANUELOS, CO-TRUSTEE OF THE ROMANA ACOSTA BANUELOS TRUST on the interested parties in this action by placing a true and correct copy thereof enclosed in a sealed envelope with postage thereon fully prepaid to be placed in the United States mail at Orange, California, addressed as follows: Darrell G. Brooke, Esq. The Brooke Law Group, PC 525 South Myrtle Avenue, Suite 204 Monrovia, CA 91016 Martin Acosta Torres 11 Rockinghorse Road Rancho Palos Verdes, CA 90275 I then sealed the envelope and placed it for mailing in accord with our business's practice on April 5, 2018. I am readily familiar with our business's practice for collecting, processing and mailing correspondence and pleadings. Such correspondence and pleadings are deposited on the same day, postage pre-paid, with the U.S. Postal Service in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this Sth day of April, 2018 in Orange, California. JESSICA BENSON © 0 ~N O O ga Hh Ww NN N N N N ND N N N N N a a a a a a a s © N N o o 0 A W O N 2 O O © © N O O O DM O o 2 oO o Darrell G. Brooke SBN: 118071 THE BROOKE LAW GROUP, PC 525 South Myrtle Avenue, Suite 204 Monrovia, California 91016-6145 TELEPHONE: (626) 303-1806 FACSIMILE: (626) 303-1812 darrell@monroviatrust.com Attorney for Respondent SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES ~ CENTRAL DISTRICT CASE NO. BP129011 RAMONA BANUELOS, CO-TRUSTEE'S RESPONSE TO OBJECTORS’ FORM INTERROGATORIES (SET NO. ONE) In the Matter of the ROMANA ACOSTA BANUELOS TRUST DATED JUNE 24, 1988 Propounding Party: MARTIN ANTHONY TORRES, BRIAN TORRES and MICHAEL TORRES Responding Party: RAMONA BANUELOS, Co-Trustee Set Number: One DEFINITION The administration of the Romana Banuelos Acosta Trust during the period of March 1, 2015 to Present. PRELIMINARY STATEMENT RAMONA BANUELOS, Co-Trustee, hereby responds to the Form interrogatories, Set One of Objectors, MARTIN ANTHONY TORRES, BRIAN TORRES and MICHAEL TORRES, as follows: 1 RESPONSE TO OBJECTOR'S FORM INTERROGATORIES (SET NO. ON EXHIBIT Romana Acosta Banuelos Trust — L.A.S.C. Case No. BP 129 011 . BB © © © N N O O O b N ~ A W O N a O B L O B O N O N O B O B B Y O A s l o w l a E we l m m m E a 0 o f @® @ N o a bh W N = O O © ® N 0 0 O0 0 DN O D FORM INTERROGATORY NO. 1.1: State the name, ADDRESS, telephone number, and relationship to you of each PERSON who prepared or assisted in the preparation of the responses to these interrogatories. (Do not identify anyone who simply typed or reproduced the responses.) RESPONSE TO FORM INTERROGATORY NO. 1.1: (a) DARRELL G. BROOKE, Esq., The Brooke Law Group, PC (b) 525 South Myrtle Avenue, Suite 204, Monrovia, CA 91016 (c) (626) 303-1806 FORM INTERROGATORY NO. 2.1: State: (a) your name; (b) every name you have used in the past; and (c) the dates you used each name. RESPONSE TO FORM INTERROGATORY NO. 2.1: (a) Ramona A. Banuelos; (b) Ramona Banuelos-Medina; and (c) Ramona Banuelos-Medina (Nov. 1981 to Dec. 1988). FORM INTERROGATORY NO. 2.2: State the date and place of your birth. RESPONSE TO FORM INTERROGATORY NO. 2.2: September 7, 1955, Los Angeles, California FORM INTERROGATORY NO. 2.3: At the time of the administration of Trust (INCIDENT), did you have driver's license? If so, state: (a) the state or other issuing entity; (b) the license number and type; (c) the date of issuance; and (d) all restrictions. RESPONSE TO FORM INTERROGATORY NO. 2.3: (a) California; (b) N4483212, Class C; 2 RESPONSE TO OBJECTOR'S FORM INTERROGATORIES (SET NO. ONE) Romana Acosta Banuelos Trust - L.A.S.C. Case No. BP 129 011 © © 0 N N O O UO A Ww W O N o a nN nN N o N o N o nN nN N o nN E S aX —-— e r i po — wk = x 0 ~ nD 1 aN w nN —3 oO © Qo ~! » [9 3] Hn w nN — (c) November 28, 2017; and (d) Corrective Lens. FORM INTERROGATORY NO. 2.4: At the time of the administration of Trust (INCIDENT), did you have any other permit or license for the operation of a motor vehicle? If so, state: (a) the state or other issuing entity; (b) the license number and type; (c) the date of issuance; and (d) all restrictions. RESPONSE TO FORM INTERROGATORY NO. 2.4: No. None applicable. FORM INTERROGATORY NO. 2.5: State: (a) your present residence ADDRESS: (b) your residence ADDRESSES for the past five years; and (c) the dates you lived at each ADDRESS. RESPONSE TO FORM INTERROGATORY NO. 2.5: (a) 3440 Amesbury Road, Los Angeles, California 90027; (b) 3440 Amesbury Road, Los Angeles, California 90027; and (c) Current and all through past five years. FORM INTERROGATORY NO. 2.6: State: (a) the name, ADDRRESS, and telephone number of your present employer or place of self-employment; and (b) the name, ADDRESS, date of employment, job title, and nature of work for each employer or self-employment you have had from five years before the administration of Trust (INCIDENT) until today. RESPONSE TO FORM INTERROGATORY NO. 2.6: (@ Currently retired: (b) ~~ February 2011 — May 2012: Chief Financial Officer RAMONA'S Mexican Food Products, Inc. 13633 S. Western Avenue Gardena, California 90249 3 RESPONSE TO OBJECTOR'S FORM INTERROGATORIES (SET NO. ONE) Romana Acosta Banuelos Trust — L.A.S.C. Case No. BP 129 011 September 1995 — January 2011: Chief Financial Officer FORM INTERROGATORY NO. 2.7: Pan American Bank 3626 E. First Street Los Angeles, California 90063 State: (a) the name and ADDRESS of each school or other academic or vocational institution you have attended, beginning with high school; (b) the date you attended; (c) the highest grade level you have completed; and (d) the degrees received. RESPONSE TO FORM INTERROGATORY NO. 2.7: (a) September 1969 — June 1971: September 1971 - June 1973; (b) September 1973 — June 1975: September 1975 — June 1977: September 1977 — June 1979: (c) Four-year University; and Immaculate Heart High School 5515 Franklin Avenue Los Angeles, California 90028 Georgetown Visitation Preparatory School 1524 35th Street NW Washington, DC 20007 Woodbury College, Current Woodbury University 7500 Glenoaks Blvd. Burbank, California 91510 El Camino College 16007 Crenshaw Blvd. Torrance, California 90506 California State University at Long Beach 1250 Bellflower Blvd. Long Beach, California 90840 (d) ~~ BA in Political Science, minor in history and accounting. RESPONSE TO OBJECTOR'S FORM INTERROGATORIES (SET NO. ONE) Romana Acosta Banuelos Trust — L.A.S.C. Case No. BP 129 011 OO © Oo NN OO O O DMA W O N a N N N N N N N N N 2S a a a a a a a a © ~N Oo Oo A W N 2 O O © © N O O P M O W N a FORM INTERROGATORY NO. 2.8: Have you ever been convicted of a felony? If so, for each conviction state: (a) the city and state where you were convicted: (b) the date of conviction; (c) the offense; and (d) the court and case number. RESPONSE TO FORM INTERROGATORY NO. 2.8: No. Not applicable. FORM INTERROGATORY NO. 2.9: Can you speak English with ease? If not, what language and dialect do you normally use? RESPONSE TO FORM INTERROGATORY NO. 2.9: Fluent in speaking both English and Spanish FORM INTERROGATORY NO. 2.10: Can you read and write English with ease? If not, what language and dialect do you normally use? RESPONSE TO FORM INTERROGATORY NO. 2.10: Fluent in reading and writing in both English and Spanish. 17.0 Responses to Request for Admission FORM INTERROGATORY NO. 17.1: Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: (a) state the number the requests: (b) state all facts upon which you base your response; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts: and a RESPONSE TO OBJECTOR’'S FORM INTERROGATORIES (SET NO. ONE) Romana Acosta Banuelos Trust — L.A.S.C. Case No. BP 129 011 (d) identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENTS or thing. RESPONSE TO FORM INTERROGATORY NO. 17.1: Response to each request for admission served with these interrogatories is an unqualified admission. 50.0 Contract FORM INTERROGATORY NO. 50.1: For each agreement alleged in the pleadings: (a) identify each DOCUMENT that is part of the agreement and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT, (b) state each part of the agreement not in writing, the name ADDRESS, and telephone number of each PERSON agreeing to that provision, and the date that part of the agreement was made: (c) identify all DOCUMENTS that evidence any part of the agreement not in writing and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT: (d) identify all DOCUMENTS that are part of any modification to the agreement, and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT: (e) state each modification not in writing, the date, and the name, ADDRESS, and telephone number of each PERSON agreeing to the modification, and the date the modification was made: (f) identify all DOCUMENTS that evidence any modification of the agreement not in writing and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT. 6 RESPONSE TO OBJECTOR’'S FORM INTERROGATORIES (SET NO. ONE) Romana Acosta Banuelos Trust — L.A.S.C. Case No. BP 129 011 RESPONSE TO FORM INTERROGATORY NO. 50.1: Responding Party objects to this Form Interrogatory No. 50.1 as unclear, ambiguous and undefined as to the term “Agreement.” FORM INTERROGATORY NO. 50.2: Was there a breach of any agreement alleged in the pleadings? If so, for each breach describe and give the date of every act or omission that you claim is the breach of the agreement. RESPONSE TO FORM INTERROGATORY NO. 50.2: Responding Party objects to this Form Interrogatory No. 50.1 as unclear, ambiguous and undefined as to the term “Agreement.” FORM INTERROGATORY NO. 50.3: Was performance of any agreement alleged in the pleadings excused? If so, identify each agreement excused and state why performance was excused. RESPONSE TO FORM INTERROGATORY NO. 50.3: Responding Party objects to this Form Interrogatory No. 50.1 as unclear, ambiguous and undefined as to the term “Agreement.” FORM INTERROGATORY NO. 50.4: Was any agreement alleged in the pleadings terminated by mutual agreement, release, accord and satisfaction, or novation? If so, identify each agreement terminated, the date of termination, and the basis of the termination. RESPONSE TO FORM INTERROGATORY NO. 50.4: Responding Party objects to this Form Interrogatory No. 50.1 as unclear, ambiguous and undefined as to the term “Agreement.” 7 RESPONSE TO OBJECTOR’S FORM INTERROGATORIES (SET NO. ONE) Romana Acosta Banuelos Trust —- L.A.S.C. Case No. BP 129 011 © © N O O O N Ww O N o a 10 11 12 13 14 15 16 ir 18 19 20 21 28 23 24 25 26 27 28 FORM INTERROGATORY NO. 50.5: Is any agreement alleged in the pleadings unenforceable? If so, identify each unenforceable agreement and state why it is unenforceable. RESPONSE TO FORM INTERROGATORY NO. 50.5: Responding Party objects to this Form Interrogatory No. 50.1 as unclear, ambiguous and undefined as to the term “Agreement.” FORM INTERROGATORY NO. 50.6: Is any agreement alleged in the pleadings ambiguous? If so, identify each ambiguous agreement and state why it is ambiguous. RESPONSE TO FORM INTERROGATORY NO. 50.6: Responding Party objects to this Form Interrogatory No. 50.1 as unclear, ambiguous and undefined as to the term “Agreement.” | Dated: 5 — , 2018 Dp Bod RAMONA BANUELOS Co-Trustee of the Romana Acosta Banuelos Trust dated June 24, 1988 Respondent 8 RESPONSE TO OBJECTOR'S FORM INTERROGATORIES (SET NO. ONE) Romana Acosta Banuelos Trust — L.A.S.C. Case No. BP 129 011 PROOF OF SERVICE I am at least 18 years of age, not a party to this action, and am a resident of or employed in the county where the mailing took place. My business address is 525 South Myrtle Avenue, Suite 204, Monrovia, California, 91016. On May A , 2018, | served the document, described as RESPONSE TO OBJECTORS FORM INTERROGATORIES (SET NO. ONE), on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: Christine M. Allen, Esq. BarthCalderon LLP 333 City Boulevard West, Suite 2050 Orange, California 92868 ChristineAllen@barthattorneys.com () (VIA FACSIMILE) I caused such documents to be transmitted via facsimile to the offices of the addressee(s). () (VIAE-MAIL) | caused such documents to be transmitted via e-mail to the offices of the addressee(s). (x) (SERVICE BY MAIL) | am “readily familiar” with the practice of this office of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. | am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing an affidavit, () (BYFEDERAL EXPRESS) | caused such envelope(s) to be delivered by air courier, with next day service. () (BY PERSONAL SERVICE) | delivered such envelope(s) by hand to the offices of the addressee(s). | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, Executed on _\A a 4A , 2018 at Monrovia, California. 4 < z / Corrine unaga "PROOF OF SERVICE BARTHCALDERON. 333 City NE— West, Suite 2050 Orange, California 92868-2944 TELEPHONE E-MAIL (714) 704-4828 christineallen@barthattorneys.com FACSIMILE WEBSITE (714) 704-1513 www.barthattorneys.com Christine M. Allen, Esq. May 29, 2018 Sent via email to damrell@monroviatrust.com and by U.S. mail. Darrell G. Brooke, Esq. The Brooke Law Group, PC 525 South Myrtle Avenue, Suite 204 Monrovia, CA 91016-6145 RE: IN RE: THE ROMANA ACOSTA BANUELOS TRUST; LASC CASE NO. BP129011 Dear Mr. Brooke: I write to meet and confer with you regarding your client's responses to the first set of requests for admission, form interrogatories and requests for production of documents. A. Requests for Admission. Requests for Admission No. 18.19.20, and 21. Each answer in a response to requests for admission is required to be as complete and straightforward as the information reasonably available to the responding party permits. Each answer is required to: (1) Admit so much of the matter involved in the request as is true, either as expressed in the request itself or as reasonably and clearly qualified by the responding party. (2) Deny so much of the matter involved in the request as is untrue. (3) Specify so much of the matter involved in the request as to the truth of which the responding party lacks sufficient information or knowledge. Code of Civil Procedure § 2033.220(a) and (b). EXHIBIT C Darrell G. Brooke, Esq. Re: In re: The Romana Acosta Banuelos Trust; LASC Case No. BP129011 May 29, 2018 Page 2 of 5 In your client's responses to Request Nos. 18, 19, 20, and 21, your client has failed to state whether she admits or denies the matter involved in each of these requests or to state whether she lacks sufficient information or knowledge. We ask that your client supplement her responses to correct these deficiencies. B. Form Interrogatories Form Interrogatory No. 17.1 This interrogatory requests that for each response to the requests for admission that is not an unqualified admission, that your client state the number of the request, state all facts on which the response is based, identify all persons with knowledge of those facts and identify all documents and tangible things that support your response. All responses which do not constitute unqualified admissions therefore require a full response to this interrogatory — this covers responses constituting a full or partial denial of the request for admission, all qualified admissions, and all responses indicating that your client lacks sufficient information or knowledge to respond. Your client has made denials in response to Requests for Admission No. 1, 2, 4, 5,6,7 8,9, 10, 11, 12, 16 and 17, has made a qualified admission to Requests for Admission No. 15, and has not yet provided either qualified or unqualified admissions or denials regarding Request for Admission No. 18, 19, 20, 21. Despite this, you then claim in response to Form Interrogatory No. 17.1 that all responses to the Requests for Admission were unqualified admissions. Since this is plainly not the case (as your client has denied those set forth above, made one qualified admission as set forth above, and has evaded answering those set forth above), we ask that your client supplement her responses to provide complete answers to this Form Interrogatory with the facts, persons with knowledge and documents and tangible things that support her response as to Requests for Admissions No. 1-2,4-12, and 15-21. Form Interrogatories No. 50.1-50.4 These Form Interrogatories ask for specific information about each agreement alleged in the pleadings. You have objected that the term “Agreement” is “unclear, ambiguous and undefined,” however this Form Interrogatory does not require that one specific agreement be identified — rather it asks for specific information as to each agreement alleged in the pleadings. The objection that the request is vague, ambiguous or undefined is not well taken. These are not proper grounds for an objection unless a request is so ambiguous that the responding party cannot in good faith frame an intelligent reply. See Cembrook v. Superior Court (1961) 56 Cal.2d 423, 428-430. Here, it is plain that there are two agreements alleged in the pleadings - 1) the lease agreement and 2) the purchase and sale agreement - which are both at Darrell G. Brooke, Esq. Re: In re: The Romana Acosta Banuelos Trust; LASC Case No. BP129011 May 29, 2018 Page 3 of 5 issue in this case. We ask that your client supplement her responses to provide the requested information in response to Form Interrogatories 50.1 through 50.4. C. Requests for Production of Documents Requests for Production of Documents No. 1-54. Code of Civil Procedure § 2031.210(a) provides, “The party to whom a demand for inspection, copying, testing, or sampling has been directed shall respond separately to each item or category of item by any of the following: “(1) A statement that the party will comply with the particular demand for inspection, copying, testing, or sampling by the date set for the inspection, copying, testing, or sampling pursuant to paragraph (2) of subdivision (c) of Section 2031.030 and any related activities. “(2) A representation that the party lacks the ability to comply with the demand for inspection, copying, testing, or sampling of a particular item or category of item. “(3) An objection to the particular demand for inspection, copying, testing, or sampling.” We note that your client's response was not timely served, so all objections are waived. See Code of Civil Procedure 2031.300(a). Code of Civil Procedure § 2031.220 provides, “A statement that the party to whom a demand for inspection, copying, testing, or sampling has been directed will comply with the particular demand shall state that the production, inspection, copying, testing, or sampling, and related activity demanded, will be allowed either in whole or in part, and that all documents or things in the demanded category that are in the possession, custody, or control of that party and to which no objection is being made will be included in the production. Thus, the Code of Civil Procedure requires that your client produce all documents in her possession, custody, or control and respond accordingly. The code requires that a party must make a reasonable and good faith effort to obtain the information. Regency Health Services, Inc. v. Superior Court (1998) 64 CA4th 1496. “A party cannot plead ignorance to information which can be obtained from sources under his control.” Deyo v. Superior Court (1978) 84 CA3d 771, 782. In every single one of her responses, your client has failed to indicate if she is complying with the request in whole or in part, and if she is producing all documents in her possession, custody and control. She states at times that she is producing Darrell G. Brooke, Esq. Re: In re: The Romana Acosta Banuelos Trust; LASC Case No. BP129011 May 29, 2018 Page 4 of 5 documents in her possession, but that is insufficient under the code. We ask that her responses be supplemented in each instance to indicate whether or not she is complying in whole or in part, and whether or not she has produced or is producing all documents not only in her possession, but also in her custody or control. This would include documents held by the co-trustees’ corporate attorney as these are under her control. If there are responsive documents which she has not produced, we ask that she produce them immediately. Also, for Requests for Production of Documents where no documents are produced for a given request, there is a very specific requirement that your client make a diligent search and a reasonable inquiry. Code of Civil Procedure 2031.230. She has not indicated in her responses that she done so and it appears from her responses that she has not done so, so we ask your client to revise her responses and provide the documents requested. When unable to comply with a particular demand, she is also required to specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in her possession, custody, or control. The statement is required to set forth the name and address of any natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item. See Code of Civil Procedure 2031.230. Please provide the required information. Requests for Production of Documents No. 2-4. Section 2031.210(a) requires a separate response to each inspection. Since you refer to a prior response in your client’s responses to Nos. 2 through 4, these are not separate responses. We ask that your client provide supplemental responses to correct this. Requests for Production of Documents No. 51. In response to request for production of all correspondence between the Co- Trustees of the TRUST during the period of March 1, 2015 to present, you have objected that this request is “vague and ambiguous.” First, you did not serve responses by the deadline of May 10, 2018, thus your client has waived any objections to this request, and all other requests for production. See Code of Civil Procedure § 2031.300(a), Second, the objection is improper because the request is not vague or ambiguous. It plainly asks for all correspondence between the Co-Trustees during the relevant time period. There is nothing vague or ambiguous about this so as to prevent your client from framing an intelligent reply, so your client's response appears incredibly evasive. Please correct it by providing supplemental responses. Darrell G. Brooke, Esq. Re: In re: The Romana Acosta Banuelos Trust; LASC Case No. BP129011 May 29, 2018 Page 50of 5 Requests for Production of Documents No. 50 and 54. Though I have already asked for complete responses in this letter, I will reiterate especially regarding the responses to Request Nos. 50 and 54, that these responses appear particularly evasive. Your client states that she will produce one document in response to No. 50, which asks for an entire category of documents — which certainly exist, but which have not yet been produced. In response to Request No. 54, your client again claims that there were no “unqualified admissions,” which as established earlier in this letter is plainly not true. Such evasive behavior may warrant sanctions in this case, if your client refuses to correct it. We ask that your client provide complete and substantive answers as set forth above with regard to all requests for production. Please consider the points raised in this letter. I believe an informal resolution of the problems in the discovery responses would be for the benefit of all of our clients. If we cannot reach an agreement, I will prepare and file motions to compel further responses and seek sanctions, which are mandatory if the motions are successful. Please respond to this meet and confer letter in writing no later than June 5, 2018. If I hear back from you on or before June 5, 2018 as to your client's position regarding the issues outlined in this letter, we can discuss an appropriate extension for supplemental responses and any corresponding motions if your client will need additional time to respond substantively. Best Regards, BARTHCALDERON LLP A Christine M. Allen, Esq. cc: clients : DARRELL G. BROOKE CERTIFIED SPECIALIST - THE BROOKE LAW GROU y ' PG TELEPHONE (626) 303-1806 SATE PCR sree 525 S . MYRTLE AVENUE, SUITE 204 FAX : (826) 303-1812 AND PROBATE LAW THE STATE BAR OF CALIFORNIA BOARN OF LEGAL SPECIALIZATION MONROVIA, CALIFORNIA 91016-6145 email: darrell@monroviatrust.com June 5, 2018 BY EMAIL TRANSMISSION christineallen@barthattorneys.com AND BY FIRST CLASS MAIL Christine M. Allen, Esq. BarthCalderon LLP Attorneys 333 Cityv Boulevard, Suite 2050 Orange, California 92868-2944 Re: Romana Acosta Banuelos Trust LASC Case No. BP 129011 Response to May 29, 2018 (received by first class mail by our office on June 2, 2018) Dear Ms. Allen: I am somewhat perplexed by your “meet and confer” request inasmuch as there is no “meet” involved and the only “confer” on your part would be in the form of further demands for information that has already been provided to you. Also, we have provided you with all of the information requested and responses to inquiries that are available and known to us. As a reminder, my client is one of four Co-Trustees in the above Trust. The actual preparation of the disputed Purchase and Sale Agreement and Lease Agreement were coordinated by other Co-Trustees, their identity and contact information of which was provided to you in our discovery responses. I suggest that, if you need additional details on the issues of your dispute, you turn your discovery attention to those individuals described in our responses. Finally, as you may recall, the Court reappointed the Court expert witness to review the pertinent information and to provide an opinion to the Court. It is my understanding that, as with the Court-ordered sale of a few years ago, the expert witness’ opinion will weigh heavily on the Court’s decision with respect to your concerns. cc: Mona Banuelos, Co-Trustee Electronicall ND 2 FILED by Superior Court of California, County of Los Angeles 3/19/2018 1:48 PM Sherri R. Carter, Executive Officer/Clerk, By H. Suh, Deputy Clerk Christine M. Allen (SBN 247779) BarthCalderon LLP 333 City Boulevard West, Suite 2050 Orange, California 92868 Telephone: (714) 704-4828 Facsimile: (714) 704-1513 ChristineAllen@barthattorneys.com Attorney for Objectors Martin Anthony Torres, Brian Torres, and Michael Torres SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES In the matter of the: Case No. BP129011 OBJECTIONS TO: THIRD ACCOUNT CURRENT AND REPORT OF TRUSTEES AND PETITION FOR APPROVAL THEREOF, FOR ALLOWANCE OF FEES FOR TRUSTEES AND FOR ATTORNEY'S FEES ROMANA ACOSTA BANUELOS TRUST date d June 24, 1988 Date: 3/21/2017 Time: 8:30 a.m. Dept: 9 Objectors Martin Anthony Torres, Brian Torres, and Michael Torres hereby submit their OBJECTIONS TO: THIRD ACCOUNT CURRENT AND REPORT OF TRUSTEES AND PETITION FOR APPROVAL THEREOF, FOR ALLOWANCE OF FEES FOR TRUSTEES AND FOR ATTORNEY'S FEES as follows: 1. Objectors Martin Anthony Torres, Brian Torres, and Michael Torres (hereinafter | “Objectors”) are beneficiaries of the Romana Acosta Banuelos Trust dated June 24, 1988, as restated | on June 19, 2014 (hereinafter the “Trust™). As beneficiaries of the Trust, they have standing to bring | 1 OBJECTIONS TO: THIRD ACCOUNT CURRENT AND REPORT OF TRUSTEES AND PETITIO APPROVAL THEREOF, FOR ALLOWANCE OF FEES FOR TRUSTEES AND FOR ATTORNEY] EXHIBIT EE to J these Objections. 2. Objectors object that during the period of the Third Account, the Trustees entered into a Purchase and Sale Agreement and Facility Lease for the sale of certain assets and lease of certain real property, which was not consistent with the bid accepted by the Court for this purpose. As set forth more fully below, Objectors object to the major changes agreed to by the Trustees from the | approved bid to the signed Purchase and Sale Agreement and Facility Lease as these deviated | significantly and materially from the terms approved by the Court and as they have caused serious losses to the Trust. 3. On June 17,2016, Robert Francis Banuelos submitted a bid in the form of a Letter of Intent (“LOI”) to purchase certain assets of the Trust-owned business - Ramona’s Mexican Food Products, Inc. The bid set forth that only certain assets of the business would be purchased for the total sum of $640,000 ($540,000 plus $100,000 over a period of time). It expressly excluded all real property owned by the corporation and other assets not directly related to the operating of the business - which would not be transferred as part of the sale, but would effectively remain owned by selling corporation (whose stock is entirely owned by the Trust). 4. The bid for this purchase also included a provision for the lease of the business facility located at 13633 S. Western Avenue, Gardena, CA 90249. No other lease of real property owned by the Trust was included in the LOI. The terms set forth in the LOI would allow Mr. Banuelos to initially rent this specific real property for the sum of $35,000 per month, with annual 2.5% rent increases beginning at year three. The bid also indicated that the lease was to provide Mr. Banuelos with the right of first refusal for the purchase of the leased property for the duration of the five year lease. 5. A Petition was submitted by Trustee David Bustamente for approval of the sale to Mr. Banuelos on the aforementioned terms. In granting the Petition for approval of the sale to Mr. _|| Banuelos, the court ordered that the LOI submitted by Mr. Banuelos was the “winning bid” and authorized both Cesar Rosas, the chairman of the board of Ramona’s, or alternatively, David Bustamante, a Trustee of the Trust, to negotiate and enter into the Definitive Agreement and Facility Lease and other customary documents “consistent with the LOL.” 5 OBJECTIONS TO: THIRD ACCOUNT CURRENT AND REPORT OF TRUSTEES AND PETITION FOR APPROVAL THEREOF, FOR ALLOWANCE OF FEES FOR TRUSTEES AND FOR ATTORNEY'S... 0. However, rather than enter into this sale transaction as approved by the Court, the | Trustees entered into an agreement for the sale and lease to Mr. Banuelos’ company (Ramona’s Food Group, LLC) which was not consistent with the terms of the LOI, despite the court order requiring | that it be consistent with those terms. Rather than only leasing the facility located at 13633 S. Western Avenue, Gardena, CA 90249 for $3 5,000 per month, the Lease Agreement signed by the Trustees also includes a lease of the Trust's two adjacent real properties - which are located at 13511 S. Western Avenue, Gardena, CA 90249 and 13701 S. Western Avenue, Gardena, CA 90249 - for no additional consideration whatsoever. These additional properties include a valuable warehouse and a very large parking lot. This divergence from the terms of the approved LOI has cost the Trust and its beneficiaries considerably. Objectors are informed and believe that the market rental value of all three of the properties leased is about $80,000 to $85,000 per month, though the Trustees have leased all three properties to Mr. Banuelos’ company for only $35,000 per month, causing a loss of approximately $50,000 per month (or $600,000 per year) to the Trust. Objectors object to the | Trustees entering into this Lease Agreement, which was not consistent with the Court’s order in this matter, and which have caused this considerable loss to the Trust (at least $3,000,000 over the period of the five year lease term). z Objector is also informed and believes that Mr. Banuelos’ company is not using part of this additional property in its business operations, rather the company is now subleasing the large parking lot to Honda, and as this property cost it nothing extra in the lease, it is therefore making a | considerable monthly profit by doing so - profit which could and should have been paid to the Trust- owned business as the owner of this property. Objector objects that the Lease Agreement includes a provision not mentioned in the LOI or approved by the Court, allowing Mr. Banuelos’ company to sublease the real property as he sees fit and to keep all such profits for his company, and for which no additional consideration was paid. Objectors are informed and believe that it is customary in || commercial leases to restrict all subleasing, making any such sublease funds received by the lessee, the property of the lessor. Despite this, Mr. Banuelos” company acquired additional rights beyond those set forth in the LOL, which have resulted in a loss to the Trust. Objector objects to the actions of the Co-Trustees in entering into the Lease Agreement which have caused this loss. 3 OBJECTIONS TO: THIRD ACCOUNT CURRENT AND REPORT OF TRUSTEES AND PETITION FOR APPROVAL THEREOF, FOR ALLOWANCE OF FEES FOR TRUSTEES AND FOR ATTORNEY'S... 8. Objector further objects that though the LOI required annual rent increases of 2.5% | at the beginning of year three, the finalized lease is again inconsistent with these terms and only requires increases of 2.5% to happen once every three years. The terms of the lease, having included significantly more real property than contemplated by the LOI and having changed these terms | considerably have caused a significant loss to the Trust. Objectors are informed and believe that in a standard commercial lease, there would be an annual rent increase of at least 2.5-3.5% each year | (not only occurring once every 3 years). Again, no additional consideration for this change in terms | was received by the Trust-owned corporation. 9. Objectors further object that though the LOI provided for a “right of first refusal” to | purchase the real property, it did not contain any indication of an “option to purchase” or what such option terms would entail, yet for no additional consideration, in the Lease Agreement the Trustees gave Mr. Banuelos’ company an additional option to purchase all of the business’ real properties at terms unfavorable to the Trust. The Lease Agreement gives Mr. Banuelos” company an option to purchase all of the Trust-owned business’ real properties for a total of $7,030,000 at any time during the five year lease period, and that there would only be a $100,000 increase in the purchase price to be added once every three years. In other words, Mr. Banuelos could wait 5 years and only pay $7,130,000 for all real properties (a mere 1.4% increase in price after 5 years), regardless ofthe actual increase in market value of these properties. According to the Trustees” own accounting, the ending assets of the accounting show on Schedule F1 that these real properties are already worth an estimated $7,200,000 (already a loss of $170,000 if Mr. Banuelos’ company purchased it at this time for $7,030,000). Again, no additional consideration was paid by Mr. Banuelos’ company for these | significant rights, which have caused and will cause a very significant loss to the Trust if it should exercise them. 10. Objectors object to the Sale Agreement entered into by the Trustees for unnecessarily creating a potential $2,000,000 liability of the Trust in favor of Mr. Banuelos’ company for which Mr. Banuelos now claims his company is entitled to receive payment. Mr. Banuelos is now claiming that as part of the assets acquired from Ramona’s under the purchase and sale agreement (which will only | result in receipt of a total of $640,000), that his company acquired a $1.5 million promissory note | 4 OBJECTIONS TO: THIRD ACCOUNT CURRENT AND REPORT OF TRUSTEES AND PETITION FOR APPROVAL THEREOF, FOR ALLOWANCE OF FEES FOR TRUSTEES AND FOR ATTORNEY'S... 15 °) oa n b ro — to 2 which was owed by the Trust to the Trust-owned business prior to Mr. Banuelos’ acquisition of | certain business assets. With interest accrued, the Third Accounting shows at Schedule G that as of | September 2017, this constitutes a liability of nearly $2 million. The Trustees’ Third Account | vaguely indicates that this liability is currently being negotiated by the Trustees with the Buyer (Mr. Banuelos/his company) and that one of the Trustee's attorneys at the Brooke Law Group, P.C., is requesting compensation from the Trust for negotiating with Mr. Banuelos regarding this note. Objector objects that this note worth $2,000,000 should have been disclosed in the prior Petition for Approval of Sale filed by a Trustee if it was to be an asset included in the purchase, and the failure | to either include it, or to properly exclude it from the Sale and Purchase Agreement, has caused considerable loss to the Trust for the payment of attorney’s fees in trying to rectify the situation and | a loss of $2,000,000 if it is determined that Mr. Banuelos’ company did acquire this note as part of | the purchase and that the Trust must pay up. Mr. Banuelos’ company agreed to pay only a total of | $640,000 for certain business assets, so it would be unconscionable for his company to have acquired | a promissory note owed by the Trust worth $2,000,000 as part of this purchase. Objectors further object that the Trustees have not filed any kind of Petition or other action with the Court in order to resolve and correct this significant problem. Objectors request that Petitioners personally pay their | legal fees associated with negotiations regarding this liability, as they created the problem which they are now seeking to charge the trust to resolve. 11. Objectors object to all of the Trustees” fees charged in the Third Account which have not previously been approved by the Court. As shown in the Third Account and as indicated by counsel for one of the Trustees upon a request for information regarding the Trustee’s compensation, the four co-trustees of the Trust have been charging the Trust a total of $10,000 for their attendance and participation in each trustee meeting that they hold. Two of the co-trustees receive $2,000 for cach meeting and the other two each receive $3,000 per meeting. Given that the meetings have averaged only about 2 hours each, this means that each co-trustee is receiving approximately $1,000- $1,500 per hour for their services rendered to the Trust. This is an inappropriately large amount for the Co-Trustees (three of whom are non-professional trustees) to be charging to the Trust for their time. Objectors further object that there is no breakdown in the accounting or petition of the actual 5 OBJECTIONS TO: THIRD ACCOUNT CURRENT AND REPORT OF TRUSTEES AND PETITION FOR APPROVAL THEREOF, FOR ALLOWANCE OF FEES FOR TRUSTEES AND FOR ATTORNEY'S... to J time spent or specific hourly rates charged, and that given the very significant losses caused to the Trust by the actions of the Trustees during account period and the disloyalty of the Trustees shown to the beneficiaries, no compensation should be awarded to them. 12. Objectors object that Co-Trustee Ramona “Mona” Banuelos is the mother of the buyer/lessee set forth above and that she has placed her son’s interest over those of the Trust's beneficiaries in entering into the Purchase and Sale Agreement and Lease Agreement which she entered into - as it is not consistent with the terms of the LOI but gives away significant additional property rights owned by the Trust to her son free of consideration. This constitutes a breach of her | fiduciary duty of loyalty to the beneficiaries set forth in Probate Code § 16002 and duty to avoid conflicts of interest set forth in Probate Code § 16004. 13. Objectors object that after receiving this Third Account, they contacted Co-Trustee | Ramona “Mona” Banuelos and requested that she provide them with a copy of the executed Lease Agreement and of the trustees’ meeting minutes, yet via counsel, she refused to do so until a | completely inapplicable and unrelated period of time passed - until the “statutory contest period” set forth in Probate Code 16061.7 expired. This section has absolutely no bearing on the beneficiaries’ right to this information from the Trustee, but conveniently will not expire for several months. As vested beneficiaries of the Trust, Objectors have a present right to information regarding the Trust and its administration and the failure to provide it is a breach of her fiduciary duty to report to the trust beneficiaries upon reasonable request set forth in Probate Code § 16061. Objectors object that this Co-Trustee was seeking to hide the Lease Agreement from Objectors until after her Third Account was heard by the Court and her actions taken during the Third Account period were approved by the Court. 14. Objectors object that Ramona “Mona” Banuelos also recently sent correspondence to the other Co-Trustees indicating that they were going to hold a “confidential” trustee meeting, at which no beneficiaries would be allowed to attend because “this does not concern them.” Objector objects that no actions of a trustee may be kept secret from a beneficiary and that despite requesting the minutes of this meeting, this Co-Trustee has failed and refused to provide them. 15. The trustees have committed negligence and breaches of trust in the negotiation and 6 OBJECTIONS TO: THIRD ACCOUNT CURRENT AND REPORT OF TRUSTEES AND PETITION FOR APPROVAL THEREOF, FOR ALLOWANCE OF FEES FOR TRUSTEES AND FOR ATTORNEY'S... Se ) LI execution of the Purchase and Sale Agreement and the Lease Agreement, as set forth above. They have breached their fiduciary duties of loyalty, to preserve trust property and to make it productive, and to exercise reasonable care, skill, prudence and diligence in administering the Trust. See Probate Code §§ 16002, 16006 and 16007. “Negligence, which is the failure to meet the standard of care, is | also a breach of trust by virtue of Probate Code section 16400.” Estate of Gump (1991) 1 Cal.App.4th 582, 595. Probate Code section 16400 provides, “A violation by the trustee of any duty that the trustee | owes the beneficiary is a breach of trust.” “Among the duties of the trustee is the duty to administer | the trust and to manage trust property “with the care, skill, prudence, and diligence under the | circumstances then prevailing that a prudent person acting in a like capacity and familiar with such | matters would use in the conduct of an enterprise of like character and with like aims to accomplish the purposes of the trust as determined from the trust instrument." Estate of Gump (1991) 1 Cal. App.4th 582, 595 citing Probate Code § 16040, subd. (a); see also § 16000. 16. “Presented with a section 17200 petition to settle an account, ‘the probate court has a duty imposed by law to inquire into the prudence of the trustee's administration.” Schwartz v. Labow (2008) 164 Cal.App.4th 417, 427, as modified (July 9, 2008) citing Lazzarone v. Bank of America (1986) 181 Cal. App.3d 581, 594, fn. 10, citing McLellan v. McLellan (1941) 17 Cal.2d 552, and Carr v. Bank of America etc. Assn. (1938) 11 Cal.2d 366. 17. The probate court has the inherent equitable power to supervise a trust and its administration, which includes the power to take remedial action. Schwartz v. Labow (2008) 164 Cal. App.4th 417, 427. In order to preserve the trust and to respond to any breaches of trust, the probate court has wide, express powers to make any orders and take any other action necessary or proper. Schwartz v. Labow (2008) 164 Cal.App.4th 417,427, as modified (July 9, 2008); See Probate Code § 17206. “It is a general principle that a court of equity will give to the beneficiaries of a trust | such remedies as are necessary for the protection of their interests, and in connection with an | accounting will give such relief, if any, as the beneficiaries may be entitled to receive.” Copley v. Copley (1981) 126 Cal.App.3d 248, 282. 18. Objectors request that the Co-Trustees be required to rectify the losses they have caused to the Trust during the account period. Objectors propose that the Co-Trustees seek a revision 7 OBJECTIONS TO: THIRD ACCOUNT CURRENT AND REPORT OF TRUSTEES AND PETITION FOR APPROVAL THEREOF, FOR ALLOWANCE OF FEES FOR TRUSTEES AND FOR ATTORNEY'S... ro 4 Co BD O F m 3 BN or reformation of the Purchase and Sale Agreement and Lease Agreement in order to bring these agreements back in line with the LOI approved by the Court. Otherwise, Objectors request that the Court order a surcharge of them, including of their trustee compensation, their shares of the Trust estate and personally, for all of the losses they have caused to the Trust which are not otherwise rectified, plus an appropriate sum for prejudgment interest. 19. Should Petitioners unsuccessfully oppose these Objections to their Petition, Objector requests that they be required to personally bear the cost of the defense of their Petition. See Estate of Gump (1991) 1 Cal. App.4th 582, 605. 20. If Petitioners and/or any other Trustees should unreasonably and in bad faith oppose these Objections, Objectors requests that their costs, expenses and attorney’s fees incurred in this matter be charged against any such Trustee’s or Trustees’ compensation pursuant to Probate Code § 17211(b) and that such any such Trustee or Trustees be personally liable for any balance. In the alternative, should Objectors’ Objections result in a benefit to the beneficiaries, Objectors requests that their attorney’s fees incurred in this matter be borne equally by all beneficiaries and be paid out of the Trust, pursuant to common fund theory. See Estate of Reade (1948) 31 Cal.2d 669, 672. WHEREFORE, Objectors respectfully requests that: 1. Petitioners” THIRD ACCOUNT CURRENT AND REPORT OF TRUSTEES AND | PETITION FOR APPROVAL THEREOF, FOR ALLOWANCE OF FEES FOR | TRUSTEES AND FOR ATTORNEYS FEES be denied approval, | 2, The Court surcharge the Trustees of the Trust, including a surcharge against any unpaid compensation, against any beneficial interests which they hold in the estate, and against them personally, in an amount to be determined at trial, plus interest; 3. If any Petitioner and/or Trustee unreasonable and in bad faith opposes the Objections, that Objectors costs, expenses and attorney’s fees incurred in this matter be charged against any such Trustee’s or Trustees’ compensation and that such any such Trustee | or Trustees be personally liable for any balance. 4. In the alternative, that Objector’s costs and expenses of suit in this matter, including 8 OBJECTIONS TO: THIRD ACCOUNT CURRENT AND REPORT OF TRUSTEES AND PETITION FOR APPROVAL THEREOF, FOR ALLOWANCE OF FEES FOR TRUSTEES AND FOR ATTORNEY'S... io BS SO N O X 3 S N W a 11 12 13 14 15 16 17 18 19 bo Se [5 °] bo 2 attorney’s fees, be paid from the Trust; 3 Petitioners be required to personally pay their own costs of defense against these Objections, including their own attorney’s fees; and 6. For such further orders as this court deems just and proper. Respectfully Submitted, Dated: March [7.2018 BarthCalderon LLP 0. 44. By: Christine M. Allen, Esq., Attorneys for Objectors 9 OBJECTIONS TO: THIRD ACCOUNT CURRENT AND REPORT OF TRUSTEES AND PETITION FOR APPROVAL THEREOF, FOR ALLOWANCE OF FEES FOR TRUSTEES AND FOR ATTORNEY'S... © © ~~ D Wh k W — N O R R R R e e e e e e e e e e e e e d e e e e RN B O E R U O N S S& S o o w e a o n t h bh W N OD VERIFICATION STATE OF CALIFORNIA | COUNTY OF _ORANTL_ I, the undersigned, say: I have read the foregoing OBJECTIONS TO: THIRD ACCOUNT CURRENT AND REPORT OF TRUSTEES AND PETITION FOR APPROVAL THEREOF, FOR ALLOWANCE OF FEES FOR TRUSTEES AND FOR ATTORNEY’S FEES and know its contents. I am a party to the action. The matters stated in it are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true. Executed on March _{ Z 2018, at dr [2 hoe , California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Ezy sK t= da rawr Pq Martin Anthony Torres 10 OBJECTIONS TO: THIRD ACCOUNT CURRENT AND REPORT OF TRUSTEES AND PETITION FOR APPROVAL THEREOF, FOR ALLOWANCE OF FEES FOR TRUSTEES AND FOR ATTORNEY'S... AO 0 N d O N in RB N e No P o r o no p a 2 ro n o No ot — — — Ju d — — p— i pt oo ~ 3 oN wn E e Ww bo bt o \O oo ~ ) ah wn a LI No — = VERIFICATION STATE OF CALIFORNIA COUNTY OF _ORang 4 I, the undersigned, say: I have read the foregoing OBJECTIONS TO: THIRD ACCOUNT CURRENT AND REPORT OF TRUSTEES AND PETITION FOR APPROVAL THEREOF, FOR ALLOWANCE OF FEES FOR TRUSTEES AND FOR ATTORNEYS FEES and know its contents. I am a party to the action. The matters stated in it are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true. Executed on March _/ ? ,2018,at__( Vorig , California. [ declare under penalty of perjury under the laws of the State of California that the foregoing 1s true and correct. [a 77 Brian Torres 11 OBJECTIONS TO: THIRD ACCOUNT CURRENT AND REPORT OF TRUSTEES AND PETITION FOR APPROVAL THEREOF, FOR ALLOWANCE OF FEES FOR TRUSTEES AND FOR ATTORNEY'S... VERIFICATION STATE OF CALIFORNIA COUNTY OF 02ang% I, the undersigned, say: I have read the foregoing OBJECTIONS TO: THIRD ACCOUNT CURRENT AND REPORT OF TRUSTEES AND PETITION FOR APPROVAL THEREOF, FOR ALLOWANCE OF FEES FOR TRUSTEES AND FOR ATTORNEY'S FEES and know its contents. I am a party to the action. The matters stated in it are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them fo be true. Executed on March [SF 2018, at a Yai [£. , California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Michael Torres 12 OBJECTIONS TO: THIRD ACCOUNT CURRENT AND REPORT OF TRUSTEES AND PETITION FOR APPROVAL THEREOF, FOR ALLOWANCE OF FEES FOR TRUSTEES AND FOR ATTORNEY'S... oo ~ AN in + [5 °] © © PROOF OF SERVICE STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. I am over the age of eighteen and not a party to the within action. My business address is 333 City Boulevard West, Suite 2050, Orange, CA 92868. On March 17 , 2018, I served the foregoing OBJECTIONS TO: THIRD ACCOUNT CURRENT AND REPORT OF TRUSTEES AND PETITION FOR APPROVAL THEREOF, FOR ALLOWANCE OF FEES FOR TRUSTEES AND FOR ATTORNEY'S FEES on the interested parties in this action by placing a true and correct copy thereof enclosed in a sealed envelope with postage thereon fully prepaid to be placed in the United States mail at Orange, California, addressed as follows: See attached service list. I then sealed the envelope and placed it for mailing in accord with our business's practice on March / , 2018. I am readily familiar with our business's practice for collecting, processing and mailing correspondence and pleadings. Such correspondence and pleadings are deposited on the same day, postage pre-paid, with the U.S. Postal Service in the ordinary course of business. [ declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this / 7 4 day of March, 2018 in Orange, California. 13 OBJECTIONS TO: THIRD ACCOUNT CURRENT AND REPORT OF TRUSTEES AND PETITION FOR APPROVAL THEREOF, FOR ALLOWANCE OF FEES FOR TRUSTEES AND FOR ATTORNEY'S... Service List In re The Romana Acosta Banuelos Trust; L.A.S.C. Case No. BP129011 Martin Acosta Torres 11 Rockinghorse Road Rancho Palos Verdes, CA 90275 Martin Jesse Torres 9814 Bogardus Avenue Whittier, CA 90603 Martin Torres, Jr. 11 Rockinghorse Road Rancho Palos Verdes, CA 90275 Robin Torres 11 Rockinghorse Road Rancho Palos Verdes, CA 90275 Christian Torres 11 Rockinghorse Road Rancho Palos Verdes, CA 90275 Cynthia Torres 11 Rockinghorse Road Rancho Palos Verdes, CA 90275 Romana Torres Hall 9731 Bickley Drive Huntington Beach, CA 92646 Carlos Torres, Jr. 14660 Meadowsweet Drive Corona, CA 92880 Martin Anthony Torres 933 S. Dodson Avenue San Pedro, CA 90732 Michael Torres 23985 Nicole Way Yorba Linda, CA 92887 Brian Torres 23985 Nicole Way Yorba Linda, CA 92887 Ramona Acosta Banuelos 3440 Amesbury Road Los Angeles, CA 90027 Alexandra Banuelos Medina 3440 Amesbury Road Los Angeles, CA 90027 Robert Banuelos Medina 3440 Amesbury Road Los Angeles, CA 90027 Clark R Byam, Esq. 301 E. Colorado Blvd. 9th Floor Pasadena, CA 91101 Aaron Jacobs 700 S. Flower Street, Suite 240 Los Angeles, CA 90017 Lauriann Wright, Esq. Wright Kim Douglas, ALC 130 South Jackson Street Glendale, CA 91205 Darrell G. Brooke, Esq. The Brooke Law Group, PC 525 South Myrtle Avenue, Suite 204 Monrovia, CA 91016 CO © ® N N O O OO A W O N a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 oF 28 Darrell G. Brooke - SBN: 118071 THE BROOKE LAW GROUP, PC 525 South Myrtle Avenue, Suite 204 Monrovia, California 91016-6145 TELEPHONE: (626) 303-1806 FACSIMILE: (626) 303-1812 darrell@monroviatrust.com Attorney for Respondent SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES — CENTRAL DISTRICT CASE NO. BP129011 RAMONA BANUELOS, CO-TRUSTEE’S In the Matter of the ) Fo ACOEA Bums | SSE RD caETTRUST DATED JUNE 24, 1988 | (SET NO. ONE) ) Requesting Party: Objector MARTIN ANTHONY TORRES Answering Party: Petitioner RAMONA BANUELOS, Co-Trustee of the ROMANA ACOSTA BANUELOS TRUST Set Number: One Answering party RAMONA BANUELOS, Co-Trustee ("Answering Party") hereby answers to Objector MARTIN ANTHONY TORRES’ (“Objector”) Request for Admission as follows: REQUESTS FOR ADMISSION Each of the following facts is true Request No. 1: The terms of the Purchase and Sale Agreement entered into on February 10, 2017 by Ramona’s Mexican Food Products, Inc. and Ramonas Food 1 RAMONA BANUELOS, CO-TRUSTEE'S ANSWERS TO REQUESTS FOR ADMISSION (SET NO. ONE) Romana Acosta Banuelos Trust —- L.A.S.C. Case No. BP 129 011 — © © 0 N N O O o A w o n Group LLC are not consistent with the terms of the offer of Robert Banuelos, contained in his Letter of Intent dated June 17, 2016 which was accepted as the winning bid by the Court. Answer to Request No. 1: Not true. Request No. 2: The terms of the Lease Agreement entered into on February 10, 2017 by Ramona’s Mexican Food Products, Inc. and Ramonas Food Group LLC are not consistent with the terms of the offer of Robert Banuelos, contained in his Letter of Intent dated June 17, 2016 which was accepted as the winning bid by the Court. Answer to Request No. 2: Not true. Request No. 3: No other real property than that located at 13633 S. Western Avenue, Gardena, CA 90249 was included in the offer to lease this real property for $35,000 per month, as set forth in the Letter of Intent of Robert Banuelos. Answer to Request No. 3: True. Request No. 4: The real property located at 13511 S. Western Avenue Gardena, CA was added to the Lease Agreement terms entered into on February 10, 2017 by Ramona’s Mexican Food Products, Inc. and Ramonas Food Group LLC with no additional monthly rent paid for the lease of this property. Answer to Request No. 4: Not true. Request No. 5: The real property located at 13701 S. Western Avenue Gardena, CA was added to the Lease Agreement terms entered into on February 10, 2017 by Ramona’s Mexican Food Products, Inc. and Ramonas Food Group LLC with no additional monthly rent paid for the lease of this property. 2 RAMONA BANUELOS, CO-TRUSTEE'S ANSWERS TO REQUESTS FOR ADMISSION (SET NO. ONE) Romana Acosta Banuelos Trust ~ L.A.S.C. Case No. BP 129 011 Oo © 0 N N OO Og H A W N 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Answer to Request No. 5: Not true. Request No. 6: The collective fair market rental value of the real properties located at 13633 S. Western Avenue Gardena, Cam 13511 S. Western Avenue Gardena, CA and 13701 S. Western Avenue Gardena, CA is much greater than $35,000 per month. Answer to Request No. 6: Not true. Request No. 7: The collective fair market rental value of the real properties located at 13633 S. Western Avenue Gardena, CA, 13511 S. Western Avenue Gardena, CA and 13701 S. Western Avenue Gardena, CA is at least $80,000 per month. Answer to Request No. 7: Not true. Request No. 8: The Co-Trustees of the Romana Acosta Banuetos Trust failed to ensure that the $1.5 million Promissory Note owed by the Trust was excluded from the terms of the Purchase and Sale Agreement entered into on February 10, 2017 by Ramona’s Mexican Food Products, Inc. and Ramonas Food Group LLC. Answer to Request No. 8: Not true. Request No. 9: The Co-Trustees of the Romana Acosta Banuelos Trust failed to ensure that the terms of the Purchase and Sale Agreement entered into on February 10, 2017 by Ramona’s Mexican Food Products, Inc. and Ramonas Food Group LLC were consistent with the terms of the offer of Robert Banuelos, contained in his Letter of Intent dated June 17, 2016 which was accepted as the winning bid by the Court. 3 RAMONA BANUELQOS, CO-TRUSTEE'S ANSWERS TO REQUESTS FOR ADMISSION (SET NO. ONE) Romana Acosta Banuelos Trust —~ L.A.S.C. Case No. BP 129 011 Answer to Request No. 9: Not true. Request No. 10: The Co-Trustees of the Romana Acosta Banuelos Trust failed to ensure that the terms of the Lease Sale Agreement entered into on February 10, 2017 by Ramona’s Mexican Food Products, Inc. and Ramonas Food Group LLC were consistent with the terms of the offer of Robert Banuelos, contained in his Letter of Intent dated June 17, 2016 which was accepted as the winning bid by the Court. Answer to Request No. 10: Not true. Request No. 11: The Co-Trustees of the Romana Acosta Banuelos Trust failed to ensure that fair market value would be received by Ramona's Mexican Food Products, Inc. under the terms of the Purchase and Sale Agreement entered into on February 10, 2017 by Ramona’s Mexican Food Products, Inc. and Ramonas Food Group LLC. Answer to Request No.11: Not true. Request No. 12: The Co-Trustees of the Romana Acosta Banuelos Trust failed to ensure that fair market rental value would be received by Ramona's Mexican Food Products, Inc. under the terms of the Lease Agreement entered into on February 10, 2017 by Ramona’s Mexican Food Products, Inc. and Ramonas Food Group LLC. Answer to Request No. 12: Not true. Request No. 13: All Co-Trustees of the Trust signed the Purchase and Sale Agreement entered into on February 10, 2017 by Ramona's Mexican Food Products, Inc. and Ramonas Food Group LLC. Answer to Request No. 13: True. 4 RAMONA BANUELOS, CO-TRUSTEE'S ANSWERS TO REQUESTS FOR ADMISSION (SET NO. ONE) Romana Acosta Banuelos Trust — L.A.S.C. Case No. BP 129 011 OO OW 00 ~N O O Oo HN WwW O N =a NN K O N O R I N O E OR K O O O N w k a l e l w d ea l e d a d a s a R eR 0 N N O O a Hh W O N 2 O O © 0 N O O A W N a Request No. 14: All Co-Trustees of the Trust signed the Lease Agreement entered into on February 10, 2017 by Ramona’s Mexican Food Products, Inc. and Ramonas Food Group LLC. Answer to Request No. 14: True. Request No. 15: You have been receiving $2,000 from the Trust at each Co- Trustees’ meeting specifically as payment for attendance at such meeting held regarding the Romana Acosta Banuelos Trust. Answer to Request No. 15: True, and not true. The payment method of such fees has previously been approved by the Court, and it includes, but it is not limited to, payment for attendance at meetings only. Such fee(s) are also based upon non-meeting communications with other Co-Trustees, counsel and review of relevant documents and correspondence. Computed on an annualized basis, such fees, when viewed with the other Co- Trustees fees, amount to approximately one percent (1%) of the fair market value of the Trust corpus each year. Request No. 16: You have failed to provide information about the Trust to Trust beneficiaries despite their requests during the period from January 1, 2018 to present. Answer to Request No.16: Not true. Request No. 17: You have failed to provide information about the Trust administration to Trust beneficiaries despite their requests during the period from January 1, 2018 to present. Answer to Request No. 17: Not true. 5 RAMONA BANUELOS, CO-TRUSTEE'S ANSWERS TO REQUESTS FOR ADMISSION (SET NO. ONE) Romana Acosta Banuelos Trust — L.A.S.C. Case No. BP 129 011 © © N N O O a Hh W N a N N N N N ND D N D N N N 4 « d a d a a a a e s 4 a a a o a @® N O O O BA W N 2 O O O O O N O O A D N a o Request No. 18: Robert Banuelos has claimed that he is owed more than $2,000,000 by the Trust under the terms of a promissory Note. Answer to Request No. 18: This matter is being discussed and resolved with counsel for Robert Banuelos. Request No. 19: The Co-Trustees have taken no legal action to resolve the dispute with Robert Banuelos related to the promissory note with a face value of $1,500,000. Answer to Request No. 19: This matter is being discussed and resolved with counsel for Robert Banuelos. Request No. 20: The Co-Trustees have taken no action to reform the Purchase and Sale Agreement entered into on February 10, 2017 by Ramona's Mexican Food Products, Inc. and Ramonas Food Group LLC to make it consistent with the terms of the offer of Robert Banuelos, contained in his Letter of Intent dated June 17, 2016 which was accepted as the winning bid by the Court. Answer to Request No. 20: This matter is being discussed and resolved with counsel for Robert Banuelos. Request No. 21: The Co-Trustees have taken no action to reform the Lease Agreement entered into on February 10, 2017 by Ramona’s Mexican Food Products, Inc. and Ramonas Food Group LLC to make it consistent with the terms of the offer of Robert Banuelos, contained in his Letter of Intent dated June 17, 2016 which was accepted as the winning bid by the Court. Answer to Request No. 21: This matter is being discussed and resolved with counsel for Robert Banuelos. Request No. 22: The children of Carlos Acosta Torres (who is deceased) are presently beneficiaries of the Romana Acosta Banuelos Trust. Answer to Request No. 22: True. 6 RAMONA BANUELOS, CO-TRUSTEE'S ANSWERS TO REQUESTS FOR ADMISSION (SET NO. ONE) Romana Acosta Banuelos Trust — L.A.S.C. Case No. BP 129 011 0 N O O O P A W N = 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Request No. 23: The children of Carlos Acosta Torres are Martin Anthony Torres, Brian Torres, Michael Torres and Carlos Acosta Torres, Jr. Answer to Request No. 23: Dated: True. _5-H-18 aos Bnd RAMONA BANUELOS Co-Trustee of the Romana Acosta Banuelos Trust dated June 24, 1988 Respondent 7 RAMONA BANUELQOS, CO-TRUSTEE'S ANSWERS TO REQUESTS FOR ADMISSION (SET NO. ONE) Romana Acosta Banuelos Trust — L.A.S.C. Case No. BP 129 011 © 00 ~N OO Og Hh Ww N N = N O N O N DN N N N N = = a a a a a aA a a R N S R R B N X S o o J o a d w vd ~~ © VERIFICATION STATE OF CALIFORNIA SS. COUNTY OF LOS ANGELES ) l, the undersigned, the Answering Party in the matter, have read the foregoing RAMONA BANUELOS, CO-TRUSTEE'S ANSWERS TO REQUESTS FOR ADMISSION (SET NO. ONE) and know the contents thereof. | declare that the matters stated in the foregoing, including attachments, are true of my own knowledge. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 5 -4 ,2018, at Los Ancels , California. Roun Ea for RAMONA BANUELOS 8 RAMONA BANUELOS, CO-TRUSTEE'S ANSWERS TO REQUESTS FOR ADMISSION (SET NO. ONE) Romana Acosta Banuelos Trust — L.A.S.C. Case No. BP 129 011 PROOF OF SERVICE | am at least 18 years of age, not a party to this action, and am a resident of or employed in the county where the mailing took place. My business address is 525 South Myrtle Avenue, Suite 204, Monrovia, California, 91016. On May Z , 2018, | served the document, described as RAMONA BANUELOS, CO-TRUSTEE'S ANSWERS TO OBJECTORS’ REQUESTS FOR ADMISSION (SET NO. ONE), on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: Christine M. Allen, Esq. BarthCalderon LLP 333 City Boulevard West, Suite 2050 Orange, California 92868 ChristineAllen@barthattorneys.com () (VIA FACSIMILE) 1 caused such documents to be transmitted via facsimile to the offices of the addressee(s). () (VIAE-MAIL) | caused such documents to be transmitted via e-mail to the offices of the addressee(s). (x) (SERVICE BY MAIL) | am “readily familiar” with the practice of this office of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. | am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing an affidavit. () (BY FEDERAL EXPRESS) | caused such envelope(s) to be delivered by air courier, with next day service. () (BY PERSONAL SERVICE) | delivered such envelope(s) by hand to the offices of the addressee(s). | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on Mau A , 2018 at Monrovia, California. C pits fo fruringy~ Corrine ¥6kunaga PROOF OF SERVICE UI O O XR J O N wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) [ am employed in the County of Orange, State of California. Iam over the age of eighteen and not a party to the within action. My business address is 333 City Boulevard West, Suite 2050, Orange, CA 92868. On June I$ 2018, I served the foregoing NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE PROPOUNDED TO PETITIONER RAMONA BANUELOS, CO-TRUSTEE, BY OBJECTOR MARTIN ANTHONY TORRES; REQUEST FOR ORDER AWARDING MONETARY SANCTIONS AGAINST RAMONA BANUELOS AND HER ATTORNEY DARRELL BROOKE, ESQ. IN THE SUM OF $2,735.00,MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF CHRISTINE M. ALLEN, ESQ. on the interested parties in this action by placing a true and correct copy thereof enclosed in a sealed envelope with postage thereon fully prepaid to be placed in the United States mail at Orange, California, addressed as follows: See attached service list. I he sealed the envelope and placed it for mailing in accord with our business's practice on June , 2018. [ am readily familiar with our business's practice for collecting, processing and mailing correspondence and pleadings. Such correspondence and pleadings are deposited on the same day, postage pre-paid, with the U.S. Postal Service in the ordinary course of business. [ declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this / SH day of June, 2018 in Orange, California. JESSICA BENSON NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, SET ONE; REQUEST FOR ORDER AWARDING MONETARY SANCTIONS... Service List In re The Romana Acosta Banuelos Trust; L.A.S.C. Case No. BP129011 Darrell G. Brooke, Esq. The Brooke Law Group, PC 525 South Myrtle Avenue, Suite 204 Monrovia, CA 91016 Ramona Acosta Banuelos 3440 Amesbury Road Los Angeles, CA 90027 Martin Acosta Torres 11 Rockinghorse Road Rancho Palos Verdes, CA 90275 Dana Cannon, Esq. Velasco Law Group 333 W. Broadway, Suite 100 Long Beach, CA 90802 Martin Anthony Torres 23985 Nicole Way Yorba Linda, CA 92887 Michael Torres 23985 Nicole Way Yorba Linda, CA 92887 Brian Torres 23985 Nicole Way Yorba Linda, CA 92887
