Declaration

Cal. Super. - 3rd Dist.November 25, 2019

1 2 J 4 5 6 7 8 9 10 11 t2 13 14 15 16 l7 18 t9 20 2t 22 23 24 25 26 27 28 ANDERSON CONSUMER LAW Mark F. Anderson (SBN 44787) 1736 Stockton Street, Ground Floor San Francisco, CA 94133 Telephone: (415) 65 1 -195 I Email : mark@andersonconsumerlaw. com Attomey for Plaintiff Sinna Sok Sinna Sok, SUPERIOR COURT OF THE STATE OF CALIFORNIA PLACER COLINTY Plaintiff, vs. GhassanAutomotive,LLc,anOklahoma I SANCTIONS limited liability company, et al, CASE NO. SCV OO44O82 DECLARATION OF MARK F. ANDERSON IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL ANSWERS TO PLAINTIFF'S FIRST SET OF INTERROGATORIES & FOR Defendants L]NLIMITED CIVI JURISDICTION Mark F. Anderson declares: 1. I am the attomey for plaintiff Sinna Sok. 2. OnApril 10, 2020,I served plaintiff s First Set of Interrogatories on W. Steven Shumway, attorney for defendant Ghassan Automotive LLC, acopy of which is attached as Exhibit "A." 3. The defendant failed to respond to the interrogatories by the deadline, May 15,2020. 4. I sent emails to defense counsel on May 19 and June 1, 2020, asking Mr Shumway when he planned to respond to the interrogatories. I left a VM for Mr Shumway to call me about this matter on May 26,2020. On Jture 2,2020, Mr Shumway responded in a VM in which he said he planned to serve responses by the end of that week, but to date I have not received any responses. I sent Mr Hearing Date: July 16,2020 Time: 8:30 AM Departmerfi; 42 Trial Date: March 8,2021 Declalation o1'Mark F. Anderson ISO Motion 1o Cornpel 06/10/2020 1 2 aJ 4 5 6 7 8 9 10 11 t2 13 14 15 t6 t7 18 t9 20 2l 22 23 24 25 26 27 28 Shumway an email on June 8,2020, asking again when he planned to serve responses, but to date he has not given me the courtesy of a retum email or telephone call. 5. Copies of the emails I sent to Mr Shumway are attached as Exhibit "B." 6. Mr Shumway has never asked for an extension of time within which to serve responses to the interrogatories. 7. I have practiced law in this state for over 50 years. My hourly rate is $675flrour. By the time the hearing in this matter takes place, I will have reasonably incurred four (4) hours in attempting to get defense counsel to respond to the interrogatories, in preparing this motion, and, if necessary, preparing a reply memorandum. In addition, I will have incurred $60 in costs for the motion. My fees will be $2,700 with costs of $60 for a total of $2,760. I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct. Dated: June 10,2020. Attomey for Plaintiff Declaration of Mark F. Anderson ISO Motion to Compel EXHIBITA SOK V GHAS SAN AIJTOMOTIVE LLC 1 2 J 4 5 6 7 8 9 10 11 t2 13 l4 15 16 t7 18 r9 20 21 22 23 24 25 26 27 2B ANDERSON CONSUMER LAW Mark F. Anderson (SBN 44787) 1736 Stockton Street, Ground Floor SanFrancisco, CA 94133 : Telephone: (415) 651-1951 'ji Email : mark@andersconsumerlaw.com Attomey for Plaintiff Sinna Sok SINNA SOK, Plaintiff, vs. GHASSAN AUTOMOTIVE, LLC, Defendant. SUPERIOR COURT OF THE STATE OF CALIFORNIA PLACER COLTNTY Case No. SCV-0044082 PLAINTIF'F''S FIRST SET OF' SPECIAL INTERROGATORIES PROPOI.INDING PARTY: RESPONDING PARTY: SET: Plaintiff Sinna Sok Defendant Ghassan Automotiv e, LLC One Plaintiff requests that defendant Ghassan Automotive, LLC answer the following interrogatories fully in writing and under oath, pursuant to Section 2030.010 et seq. of the California Code of Civil Procedure, and further requests that said answers be signed and verified by the person making them and served upon the attorney for plaintiff within 30 days after service of these interrogatories (35 days if served by mail). DEF'INITIONS A. "YOIJ," "YOIJR," and "YOURS" refer to GHASSAN AUTOMOTIVE, LLC. and its employees, agents, and/ or representatives. Plaintiff s First Set of Special Interrogatories 2 J 4 5 6 7 8 9 10 11 12 13 14 15 16 t7 18 t9 20 2t 22 Z) 24 25 26 )7 28 B. The "SUBJECT VEHICLE" refers to that certain 2013 BMW X5 XDriveE35l. VIN SUXZ4C50D0B04664 owned by plaintiff Sinna Sok that is described in the complaint on file herein. C. The "SUBJECT ENGINES" refer to the engines that YOU sold or installed in the SUBJECT VEHICLE, including without limitation the engine that YOU sold to David Nguyen dba D's Auto Repair, Tampa, Florida, on or about January 17,2019, for installation in the SUBJECT VEHICLE and the engine that you installed in the SUBJECT VEHICLE at your place of business sometime in or about October 2019. D. "IDENTIFY" in reference to an individual means you are required to respond with name, last known address, telephone number, and email of the individual. "IDENTIFY" in reference to a document means you are required to describe the document in such detail as would enable aparty to request its production, including the date, author, and custodian of the document. SPECIAL INTERROGATORIES 1. State the name, address, telephone number and job title of each of YOUR offtcers and employees who communicated with plaintiff or her fianc6 regarding the SUBJECT VEHICLE or the SUBJECT ENGINES. 2. For each of the individuals identified in YOUR response to interrogatory no. 1, state the approximate date and substance of each communication. 3. State the name, address and telephone number of the entity, vendor or person from which or from whom YOU obtained the engine YOU shipped to David Nguyen dba D's Auto Repair, Tampa, FL in or about January 2019 for installation in the SUBJECT VEHICLE. 4. State the price you paid for the engine YOU shipped to David Nguyen dba D's Auto Repair, Tampa, FL in or about January 2019 for installation in the SUBJECT VEHICLE. 5. State the name, address and telephone number of the entity, vendor or person from which or from whom YOU obtained the engine YOU installed in the SUBJECT VEHICLE in or about October 2019. 6. State the price you paid for the engine YOU installed in the SUBJECT VEHICLE in or about October 2019. Plaintiff s First Set of Special Inten'ogatories 1 2 J 4 5 6 7 8 9 10 11 t2 13 T4 15 t6 T7 18 t9 20 2T 22 23 24 25 26 27 28 7. Do YOU contend that the engine YOU shipped to David Nguyen dba D's Auto Repair, Tampa, FL in 0r about January 2019 for installation in the SUBJECT VEHICLE was remanufactured? 8. If YOUR response to Interrogatory No. 7 was anything other than an unqualified negative, state all facts that support YOUR contention. 9. If YOUR response to Interrogatory No. 7 was anything other than an unqualified negative, IDENTIFY all witnesses who would support youR contention. 10. If YOUR response to Interrogatory No. 7 was anything other than an unqualified negative, IDENTIFY all documents that support YOUR contention. 11. Do YOU contend that the engine YOU instatled in the SUBJECT VEHICLE in or about October 2019 was remanufactured? 12. If YOUR response to Interrogatory No. 1 1 was anything other than an unqualified negative, state all facts that support YOUR contention. 13. If YOUR response to Interrogatory No. 1 1 was anything other than an unqualified negative, IDENTIFY all witnesses who would support YOUR contention. 14. If YOUR response to Interrogatory No. 11 was anything other than an unqualified negative, IDENTIFY all documents that support YOUR contention. Dated: April 10,2020. ANDERSON CONSUMER LAW Mark F. Anderson Attorney for Plaintiff Plaintiff s First Set of Special Interrogatories 2 a J 4 5 6 7 8 9 10 11 t2 13 14 15 t6 t7 18 t9 20 21 1") ;,1 24 25 26 27 28 CERTIFICATE OF' SERVICE I am amember of the State Bar of California and notaparty to this action. My business address is 1736 stockton Street, Ground Floor, san Francirco, ^cA'94133. I am "readily familiar" with my business'practice for collection and processing for mailing.with.thg uriiteo Stui.r ioriui 's"ruice. puisuani to *rr, uminil;Arti;", on this date,r served the within Plaintiffs First Set of Interrogatories pX nlacing a true copy thereof in an envelope for collection and mailing following ordinary business practices. Such envelope will be sealed and deposited with the United States Postal Service on this date in the ordinary course of business, with-postage fully prepaid, at San Francisco, CA. addressed as follows and to counsel using th6 emal1 noted belbw. - W. Steven Shumway sshumwa), @shum#aylaw. com 3400 Douglas Blvd, Ste 250 Roseville, CA 95661-4285 Pursuant to CRC 2.251(c), I also caused the documents to be sent from email address marl,<@an4grsonconsumerlaw.com to the persons at the email ad.dresses listed ubou". I did not receive, within a reasonable time after transmission, any electronic messag. or oth.. indication the transmission was unsuccessful. ' Q I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. - Dated: April 10, 2020. '4 {)/k-eb&U/ MarkF. Anderson Plaintiff s First Set of Special Interrogatories EXHIBIT B SOK V GHASSAN AUTOMOTIVE LLC Sok v Ghassan Automotive, Discovery, 1st Set of Interrogs Mark Anderson < mark@andersonconsumerlaw,com > Tue 5119/2020 11:07 AM To: ssh u mway@sh u mwaylaw.co m < ss h u mway@ sh u mwaylaw.com > Steven: I served plaintiffs First Set of Interrogatories on April 10,2020. A response was due on May 15, 2020. I have not received a response unless one is in the maii. If you served a response, please email a copy to me. If you have not served a response, please let me know when you plan to do so. Mark F. Anderson Anderson Consumer Law ma rk@a ndersonconsu merlaw.com 415.651.1951 l.{ smail Mark Anderson i Sok v Ghassan Automotive discovery 1 message Mark Anderson Mon, Jun 1 ,2020 at 10:52 AM To: sshumway@shumwaylaw. com Steven: As I reminded you in my previous email of May 19,2020, and my VM of May 26,2020, I served a first set of interrogatories back on April 10,202A. You have not served any response to the interrogatories. Nor have you asked for an extension. Nor have you responded to my previous email or VM asking you to contact me to fulfill OUR responsibility to meet and confer on this discovery matter. I don't understand your approach to this matter. PIease contact me at your earliest convenience. lf I don't hear from you on this matter by close of business on June 3, 2020,1 will assume I never will and I will prepare a request to compel along with a request for payment of sanctions by your client and by you (absent an excuse of some kind). Mark F Anderson Attorney for Plaintiff Sinna Sok 200 Fair Oaks St San Francisco, CA 94110 Sok v Ghassan Auto Mark Anderson < mark@andersonconsumerlaw,com > Mon 6/8/2020 10:42 AM To: sshumway@shu mwaylaw.com < sshu mway@shu mwaylaw,com > Steven: Last week, you said you expected to have responses to plaintiff s l st Set of Interrogatories by the end of the week. Here we are on Monday, I have not received any responses. Please advise as to when you expect to have responses. Mark F. Anderson Anderson Consumer Law ma rk@a ndersonconsu merlaw.com 4L5.651.1951