DeclarationCal. Super. - 3rd Dist.January 15, 2014m a B R Ww W WN O o C O S H ¢ e ) - 6048-100470324 2017100409:92 Page 8 of th. ” (hereinafter collectively referred to as "Discovery Requests"), had been received. As a result thereof, and consistent with the Legislative and Judicial spirit behind Section 2023.010, 2023.030 of the Code of Civil Procedure, T attempted to informally resolve the issues presented by sending a letter ("Meet and Confer Letter") to Defendant advising of the failure to respond to said Discovery Requests timely, that T expected a response within ten days, and that if no response was forthcoming, a motion to compel would be brought. Included in the letter was an express declaration that the letter was to be construed as my informal attempt at resolving this matter. This letter was drafted aud mailed to Defendant on June 7, 2017. 5. Motions for Orders compelling answers to the Form Interrogatories and Request for Production of Documents were brought before this Court on August 10, 2017, the court issued a tentative ruling on August 9, 2017 for Defendant to respond to the Form Interrogatories and Request admitted, and for Defendant to pay $260.00 in sanctions to the Plaintiff. A true copy of the Notice of the Court's Ruling is attached hereto as Exhibit "|", 6. Defendant has failed to comply with the Court's Ruling in that Defendant has not responded and continues to fail to respond to discovery requests. Additionally, Defendant has failed to pay the sanctions issued by this Court as of the date this motion was drafted. 7. Ido not believe that there are any viable defenses to this matter. Itisa simple collection case. To proceed to trial with the remaining recalcitrant Defendant would be wasting this Court's time. In the interest of judicial economy and in the spirit of the Code of Ciyil Procedure, the Defendant Answer should be stricken so Plaintiff may proceed with proving up its case via written declaration. I declare, under penalty of perjury under the laws of the State of California, that the foregoing is true and correct, Executed on October 4, 2017, at Cypress, California. RESURGENCE LEGAL GROUP, PC By: ‘NANCY ©. SU, SBN 279714 Attorney for Plaintiff Corre 6048-100470324 2017100409:92 Page 11 of i., » These are the tentative rulings for civil law and motion matters set for Thursday, August 16, 2017, at 8:30 a.m, in the Placer County Superior Court. The tentative ruling will be the court's final roling unless notice of Appearance and request for oral argument are given to all parties and the court by 4:00 p.m. today, Wednesday, August 9, 2017. Notice of request for oral argument to the court must be made by calling (916) 408-6481. Requests for oral argument made by any other method wili not be accepted. Prevailing parties are required to submit orders after hearing to the court within 10 court days of the scheduled hearing date, and after approval as to form by Opposing counsel, Court reporters are not provided by the court. Parties may provide a court reporter at their owa expense. NOTE: Hffective July i, 2014, aii telephone appearances information is available at the court's website, w EXCEPT AS OTHERWISE NOTED, THESE TENTATIVE RULINGS ARE ISSUED BY COMMISSIONER MICHAEL A. JACQUES AND IF ORAL ARGUMENT Is REQUESTED, GRAL ARGUMENT WILL BE HEARD IN DEPARTMENT 40, LOCATED AT 10820 JUSTICE CENTER DRIVE, ROSEVILLE, CALIFORNIA. 1, M-Cy-0060300 Resurgence Capital, LLC vs. Doutherd, Enchanted E. Plaintiff's motion to compel discovery is granted. Defendant Enchanted Doutherd shall provide verified responses and responsive documents, without objections, to specially prepared interrogatories and Tequests for production of documents on or before August 25, 2017. The matters encompassed in plaintiff's requests for admissions are deemed admitted. Sanctions in the amount of $260.00 are imposed on the defendant, Enchanted Doutherd, under Code of Civil Procedure section 2033 280(c). 2, em Plaintiff's motion for leave to file an amended complaint is denied without prejudice. The court may permit a party to amend its operative pleading in the furtherance of justice and on such terms as may be just. (Cade of Civil Procedure section 473(a)(1); Code of Civil Procedure section 576.) The moving party must also show that the amendment will not prejudice any opposing party. (Douglas v. Superior Court (1989) 215 CaLApp3d 155, 158.) Plaintif® however, has failed to make a sufficient showing here. There are numerous deficiencies in the current request. First, the motion does not comply with the procedural requirements of California Rules of Court, Rule 3.1324(a). Plaintiff does not identify the page, paragraph, and line numbers for the additional fanguage in the proposed first amended complaint. The amendments are Presented not as an integrated pleading but apparently as additional language. It is very difficult to discern from the proposed pleading what allegations will be encompassed in the first amended complaint. 11 of 16 * ‘ 6018-100470324 2017100409:92 Page 12 of 1. a ( ? POS-030 ATTORNEY OR PARTY WITHOUT ATTORNEY: (Name and Address FOR COURT USE ONL NANCY Q. SU, SBN 279714 ) i ¥ RESURGENCE LEGAL GROUP, PC 10805 Holder Street, Suite 205 Cypress, CA 90630 (1) 877/440-0860 () 714/226-0024 EMAIL: CAA ftorne: ‘@Resurgencelegal.com Altorney for Plainti CA034719 SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER BILL SANTUCCI JUSTICE CENTER PLACER JUDICIAL DISTRICT 10820 JUSTICE CENTER DRIVE ROSEVILLE, CA 95678 PLAINTIFF/PETITIONER: RESURGENCE CAPITAL, LLC DEFENDANT/RESPONDENT: ENCHANTED BE DOUTHERD A/K/A ENCHANTED BE DOUTHERD BODINE A/K/A ENCHANTED DOUTHEREDBODIN PROOF OF SERVICE BY FIRST-CLASS MAIL - CIVIL CASE NUMBER: MCV0060300 U e Wo not use dus as Proof of service of a Summons and Complaingy 1, Tam over 18 years of age and not a party to this action. I am a resident of or employed in the same county where the mailing took place. 2. My residence or business address is: 10805 Holder Street, Suite 205, Cypress, CA 90630, 5 Gn tdate): SEB 6 201) __, 20_ 1 ited trom (city and state): Cypress, CA the following. iach ti document(s) (specify; Notice of Ruling pee a ‘The documents are listed in the Attachment to Proof of Service by First-Class Mail - Civil (Documents Served) (form POS-030(D)). 4. I served the documents by eaclosing them in an envelope and (check one): a. © depositing the sealed envelope with the United States Postal Service with postage fully prepaid, : b & placing the envelope for collection and mailing following our ordinary business practices, I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the sama day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. 5. The envelope was addressed and mailed as follows: a. Name of person served: ENCHANTED E DOUTHERD b Address of person served: 450 JOINER PARKWAY APT #101, LINCOLN CA 95648 o The name and address of each person to whom I mailed the documents is listed in the Attachment to Praof of Service dy First-Class Mail - Cleit (Persons Served} (POS-O30(P)). I declare under penaity of perjury under the laws of the State of California that the foregoing is true and correct, Date: i SEP 0 6 2017 { | (TYPE OR PRINT NAME OF PERSON COMPLETING THIS FORM) (SIGNATURE op peBSeN COMPLETING THIS FORM) Farm Adopted for Mandatory Use PROOF OF SERVICE BY FIRST-CLASS MAIL. - CIVIL CCP §1013, 1013a Judicial Council of California (roof of Service) wew.courtinfo.ca.pov POS-030 [Rev. January 1, 2005] 12 of 16
