notice of motion of defendants wheels up partners llc and gama aviati

Cal. Super. - 1st Dist.October 13, 2021

Randolph S. Hicks, Esq. - SBN 83627 Mahmoud A. Fadli, Esq. - SBN 280607 CODDINGTON, HICKS 8e DANFORTH A Professional Corporation, Lawyers 555 Twin Dolphin Drive, Suite 300 Redwood City, CA 94065-2133 Tel.: 650.592.5400 Fax: 650.592.5027 ATTORNEYS FOR Defendants Wheels Up Partners, LLC and GAMA Aviation, LLC IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO 10 11 12 13 14 15 16 17 18 19 SHARON BARR-DAY and BRANDON DAY, Plaintiffs, vs. WHEELS UP PARTNERS, LLC a New York Limited Liability Company; GAMA AVIATION LLC, a Connecticut Limited Liability Company doing business as Gama Aviation Signature, Currently Unknown Pilot in Command sued herein as DOE 1; Currently Unknown Co-Pilot, sued herein as DOE 2; and DOES 3-50, inclusive, Defendants. Case No. CGC-20-584022 NOTICE OF MOTION OF DEFENDANTS WHEELS UP PARTNERS, LLC AND GAMA AVIATION, LLC TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION, SET TWO DISCOVERY MOTION Date: July 26, 2021 Time: 9:00 a.m. Dept: 302 20 21 22 23 24 25 27 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: NOTICE IS HEREBY GIVEN that on July 26, 2021, at 9:00 a.m. or as soon thereafter as the matter may be heard, in this court, located at 400 McAllister Stteet, San Francisco, California, defendants Wheels Up Partners, LLC and Gama Aviation, LLC ("Defendants") will, and hereby do, move for an order compelling further responses to Request for Production of Documents, Set Two from plaintiff Sharon Batr-Day ("Plaintiff"). This Motion is brought pursuant to Code of Civil Procedure sections 2017.010 and 2031.310 on the following grounds: I Defendants Notice in Support of Motion ro Compel Further Responses ro RPDs Case No: CGC-20-584022 782835 ELECTRONICALLY F I L E D Superior Court of California, County of San Francisco 06/29/2021 Clerk of the Court BY: SANDRA SCHIRO Deputy Clerk 1. Plaintiff failed to produce any documents in response to the Requests for Production of Documents, Set Two. 2. Plaintiff's objections are overly general and without merit. 3. The Requests for Production of Documents, Set Two explicitly states what documents each request is seeking and the context of the request was understood by all parties. 10 The Motion will be based on this Notice and Motion, the Declaration of Randolph S. Hicks in support of the Motion, the memorandum of points and authorities in support of the Motion, any other papers filed concerning this action or Motion, the records and file herein, and on such evidence as may be presented at the hearing of the Motion. Pursuant to Local Rule 8.3, the court will make a tentative ruling on the merits of this matter no later than 3:00 p.m. on the day preceding the scheduled hearing. If the Court has not 12 13 14 15 17 18 19 20 directed oral argument, the party contesting a tentative ruling must give notice of its intention to appear to the other side and the Court no later than 4:00 p.m. on the court day preceding the scheduled hearing. Notice of contesting a tentative ruling must be provided by sending an email to the court to contestdept302tr@sftc.org with a copy to all other parties stating, without artuunent, the portion(s) of the tentative ruling that the party contests. Tentative rulings will be posted on the Court's website, www.sfsuperiorcourt.org. If a party does not have access to the internet, the tentative ruling may be accessed by calling (415) 551-4000. The tentative ruling will automatically become the order of the Court on the scheduled hearing date if the Court has not directed oral aryuuent and if the contesting party fails to timely notice an objection to the 21 other side and the Court. 22 23 Dated: June 29, 2021 CODDINGTON, HICKS fk DANFORTH 24 25 26 27 By: /~r 4a 4 4A 5'~~ Randolph S. 'Hicks Attorneys for Defendants Wheels Up Partners, LLC and GAMA Aviation, LLC 2 Defendants Notice in Support of Motion to Compel Further Responses to RPDs Case No: CGC-20-584022 782835 PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court rule 2.251 Federal Rule of Civil Procedure Rule 5(b) I, the undersigned, declare that I am employed in the County of San Mateo, State of California. I am over the age of eighteen (18) years and not a party to the within action. My business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, Califoxnia 94065. My electtonic mail address is aprasadichdlawyers.corn I am readily familiar with my employer's business practice for collection and processing 10 of correspondence and documents fox mailing with the United States Postal Service, mailing via overnight delivery, transmission by facsimile machine, and delivery by hand. 12 On June 29, 2021, I served a copy of each of the documents listed below by placing them for processing as indicated herein. 13 14 NOTICE OF MOTION OF DEFENDANTS WHEELS UP PARTNERS, LLC AND GAMA AVIATION, LLC TO COMPEL FURTHER RESPONSES TO REQUESTS FOR PRODUCTION, SET TWO 15 16 17 United States Mail:The correspondence or documents were placed in sealed, labeled envelopes with postage thereon fully prepaid on the above date placed for collection and mailing at my place of business to be deposited with the U.S. Postal Service at Redwood City, California on this same date in the ordinary course of business. 18 19 20 21 22 23 24 25 26 27 28 Overnight Delivery: The correspondence ox documents were placed in sealed, labeled packaging for overnight delivery, with Federal Express, with all charges to be paid by my employer on the above date Eor collection at my place of business to be deposited in a facility regularly maintained by the overnight delivery carrier, or dehyered to a courier or driver authorized by the overnight delivery carrier to receive such packages, on this date in the ordinary comse of business. Hand Delivery: The correspondence or documents were placed in sealed, labeled envelopes and served by personal delivery to the party or attorney indicated herein, or if upon attorney, by leaving the labeled enveIopes with a receptionist or other person having charge of the attorney's office. Facsimile Transmission: The correspondence or documents were placed Eor ttansmission from (650) 592-5027 at Redwood City, California, and were transmitted to a facsimile machine maintained by the party or attorney to be served at the facsimile machine telephone number provided by said party ox attorney, on this same date in the ordinary course of business. The transmission was reported as complete and without error, and a record of the transmission was properly issued by the ttansmitting facsimile machine. Electronic Transmission: The coxxespondence or documents were ttansmitted electronically to the electronic address set forth below. State. The recipient has filed and served notice that he or she accepts electronic service; the recipient has electronically filed a document with the court; and/or the Court has mandated that the parties serve documents through its Court approved vendor. The printed form of this document bearing the original signature is on File and available for inspection at the request of the court or any party to the action or proceeding in which it is Filed, in the manner provided in California Rule of Court Rufe 2.257(a). FederaL The recipient of this electtonic service has consented to this method of service in writing, a copy of which is on File and available for inspection in my employer's office. I have received no indication the electronic transmission did not reach the recipient. 9 10 12 13 14 15 PERSONS OR PARTIES SERVED: Attorneys for Plaintiffs William E. Manning, Esq. Van De Poel, Levy, Thomas, Arneal LLP 1600 South Main Plaza, Suite 325 Walnut Creek, CA 94596 Telephone: (925) 934-6102 Facsimile: (925) 934-6060 wmanning(Rvanlevvlaw.corn 16 17 Assistant: IMstin L. Metier kmetlerHvanlevvlaw.corn 18 19 20 21 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on June 29, 2021. Anita Prasad f 23 24 25 Court: Sapcrt'or Coact ofCahforaao, Saa Fraaa'coo Coaat5 Action No: CGC-20-594022 Case Name: Barr-Day o. I@bee/s Up, LLC 26 27 28