Preview
4/30/2021
I RANDY RABIDOUX, State Bar No. 293166
PIERSON COATS PALASH & PAUL, LLP
500 Sansome Street, Suite 220
San Francisco, CA 94111
Phone Number: (415) 495-4499
4 Email: rrabidoux@pcpplaw.corn
5 Attorneys for Defendant, Paul Francis Deninger
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN MATEO
10 MARY ELIZABETH LEMASTERS, ) Case No.: 19-CIV-03974
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Plaintiff, ) DEFENDANT'S SEPARATE
) STATEMENT OF SPECIFIC FACTS
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) SHOWING GOOD CAUSE TO COMPEL
) PLAINTIFF TO RKPOND TO QUESTIONS
PAUL FRANCIS DENINGER, SHE REFUSED TO ANSWER AT
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14 ) DEPOSITION ON SEPTEMBER 24, 2020
) PER CODE OF CIVIL PROCEDURE
15 II2031.310(b)(1)
Defendant. )
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Defendant Paul Francis Deninger (" Defendant" ) respectfully submits the following Separate
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Statement of specific facts showing good cause for Plaintiff Mary Elizabeth Lemasters (" Plaintiff'
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to respond to questions she refused to answer at her deposition taken on September 24, 2020 per
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Code of Civil Procedure $ 2031.310(b)(1).
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Defendant's Ouestion No. 1:
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Page 18, line 5: Q: "With whom do you reside, if anybody?"
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Plaintifps Resnonse to Ouestion No. I:
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Page 18, lines 6 — 7: A: "I mean, to talk about my residence, I just — I*m not going to talk
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about it at all because I cannot."
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DEFENDANT'S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL
1 Good Cause for Whv Answer Should be Comnelled:
2 Plaintiff has failed to provide justification for her refusal to answer this line of questioning.
3 Plaintiff is receiving funds from an unknown third party to pay for her attorney's fees in this matter,
4 as well as daily living expenses. Defendant has a right to the identity of this third party. Defendant
5 also has the right to question this third party with respect to the arrangement between him/her and
6 Plaintiff with respect to financial support paid to Plaintiff as her receipt of said support would be a
7 mitigating factor relevant to Defendant's defense.
8 Defendant therefore respectfully requests that the Court compel Plaintiff to answer questions
9 along these lines.
10 Defendant's Ouestion No. 2:
11 Page 26, lines 13 — 14: Q: "And who is the lender of this loan agreement? Who is giving
12 you the money?"
13 PlaintifPs Resnonse to Ouestion No. 2:
14 Page 26, line 15: A: "1 can't give that information."
15 Good Cause for Whv Answer Should be Comnelled:
16 Plaintiff has failed to provide justification for her refusal to answer this line of questioning.
17 Plaintiff is receiving funds from an unknown third party to pay for her attorney's fees in this matter,
18 as well as daily living expenses. Defendant has a right to the identity of this third party. Defendant
19 also has the right to question this third party with respect to the arrangement between them and
20 Plaintiff with respect to financial support paid to Plaintiff as her receipt of said support would be a
21 mitigating factor relevant to Defendant's defense.
22 Defendant therefore respectfully requests that the Court compel Plaintiff to answer questions
23 along these lines.
24 Defendant's Ouestion No. 3:
25 Page 38, line 24 — Page 39, line 1: Q: "Are you living with the lender, as we have used that
26 term as associated with whatever signed loan agreement you have in place?"
27 PlaintifPs Resnonse to Ouestion No. 3:
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DEFENDANT'S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL
I Page 39, lines 2 — 9. Counsel for Plaintiff, "So we did — this is Debra. We did have a
2 conversation to discuss the circumstances behind the loan and her living situation. And by
3 answering any questions regarding the identity of the lender, she would be violating the protection
4 that she is entitled to under the Safe at Home program. And so we are not going to be providing
5 any additional information regarding the identity of the lender or locations."
6 Good Cause for Whv Answer Should be Comnelled:
7 Plaintiff has failed to provide justification for her refusal to answer this line of questioning.
8 Plaintiff is receiving funds from an unknown third party to pay for her attorney's fees in this matter,
9 as well as daily living expenses. Defendant has a right to the identity of this third party. Defendant
10 also has the right to question this third party with respect to the arrangement between them and
11 Plaintiff with respect to financial support paid to Plaintiff as her receipt of said support would be a
12 mitigating factor relevant to Defendant's defense.
13 Defendant therefore respectfully requests that the Court compel Plaintiff to answer questions
14 along these lines.
15 Defendant's Ouestion No. 4:
16 Page 40, line 11 — 14: Q: "Ms. Lemasters, my question is are you living with the lender?
17 And to be clear, I'm not asking you to give me the name of the lender. I simply want to know do
18 you currently live with the lender."
19 Plaintifps Resnonse to Ouestion No. 4:
20 Page 40, line 15 to page 41, line 7: Counsel for Plaintiff, "So the difficulty — and, Randy,
21 I'm not trying to make this hard for you. But the difficulty is that we have provided you with a
22 copy of the note, and we redacted out the identification of the lender. If you were to choose to
23 pursue motion practice and the court were to grant an order over our fervent objections that Ms.
24 Lemasters provide you with the name of the lender and she answers questions today about her
25 living situation relative to the lender, without giving anything away it wouldn't be difficult for you
26 and your client and your legal team to connect any dots. So because of the provisions of the Safe at
27 Home program, I'm going to direct her not to answer questions regarding the identity of the lender,
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DEFENDANT'S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL
1 location of the lender, her living situation relative to the lender. And we can meet and confer later
2 and take it up on another day."
3 Good Cause for Whv Answer Should be Comnelled:
4 Plaintiff has failed to provide justification for her refusal to answer this line of questioning.
5 Plaintiff is receiving funds from an unknown third party to pay for her attorney's fees in this matter,
6 as well as daily living expenses. Defendant has a right to the identity of this third party. Defendant
7 also has the right to question this third party with respect to the arrangement between them and
8 Plaintiff with respect to financial support paid to Plaintiff as her receipt of said support would be a
9 mitigating factor relevant to Defendant's defense.
10 Defendant therefore respectfully requests that the Court compel Plaintiff to answer questions
11 along these lines.
12 Defendant's Ouestion No. 5:
13 Page 43, line 24 — page 44, line 1: Q: "Okay. So let me be more specific. Are you currently
14 or have you ever been in a sexual relationship with the lender?"
15 Plaintiff's Resnonse to Ouestion No. 5:
16 Page 47, line 10 — 11: A: "I'm not going to answer the question."
17 Good Cause for Whv Answer Should be Comnelled:
18 Plaintiff has failed to provide justification for her refusal to answer this line of questioning.
19 Plaintiff is receiving funds from an unknown third party to pay for her attorney's fees in this matter,
20 as well as daily living expenses. Defendant has a right to the identity of this third party. Defendant
21 also has the right to question this third party with respect to the arrangement between them and
22 Plaintiff with respect to financial support paid to Plaintiff as her receipt of said support would be a
23 mitigating factor relevant to Defendant's defense.
24 Defendant therefore respectfully requests that the Court compel Plaintiff to answer questions
25 along these lines.
26 //
27 //
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DEFENDANT'S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL
1 Dated: November 23, 2020 PIERSON COATS PALASH & PAUL, LLP
By: Randy Rabidoux, Esq.
Attorneys for Defendant, Paul Francis Deninger
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DEFENDANT'S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL
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4/30/2021 I RANDY RABIDOUX, State Bar No. 293166 PIERSON COATS PALASH & PAUL, LLP 500 Sansome Street, Suite 220 San Francisco, CA 94111 Phone Number: (415) 495-4499 4 Email: rrabidoux@pcpplaw.corn 5 Attorneys for Defendant, Paul Francis Deninger SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN MATEO 10 MARY ELIZABETH LEMASTERS, ) Case No.: 19-CIV-03974 ) Plaintiff, ) DEFENDANT'S SEPARATE ) STATEMENT OF SPECIFIC FACTS 12 ) SHOWING GOOD CAUSE TO COMPEL ) PLAINTIFF TO RKPOND TO QUESTIONS PAUL FRANCIS DENINGER, SHE REFUSED TO ANSWER AT ) 14 ) DEPOSITION ON SEPTEMBER 24, 2020 ) PER CODE OF CIVIL PROCEDURE 15 II2031.310(b)(1) Defendant. ) 16 ) ) 17 ) 18 Defendant Paul Francis Deninger (" Defendant" ) respectfully submits the following Separate 19 Statement of specific facts showing good cause for Plaintiff Mary Elizabeth Lemasters (" Plaintiff' 20 to respond to questions she refused to answer at her deposition taken on September 24, 2020 per 21 Code of Civil Procedure $ 2031.310(b)(1). 22 Defendant's Ouestion No. 1: 23 Page 18, line 5: Q: "With whom do you reside, if anybody?" 24 Plaintifps Resnonse to Ouestion No. I: 25 Page 18, lines 6 — 7: A: "I mean, to talk about my residence, I just — I*m not going to talk 26 about it at all because I cannot." 27 /// 28 -I- DEFENDANT'S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL 1 Good Cause for Whv Answer Should be Comnelled: 2 Plaintiff has failed to provide justification for her refusal to answer this line of questioning. 3 Plaintiff is receiving funds from an unknown third party to pay for her attorney's fees in this matter, 4 as well as daily living expenses. Defendant has a right to the identity of this third party. Defendant 5 also has the right to question this third party with respect to the arrangement between him/her and 6 Plaintiff with respect to financial support paid to Plaintiff as her receipt of said support would be a 7 mitigating factor relevant to Defendant's defense. 8 Defendant therefore respectfully requests that the Court compel Plaintiff to answer questions 9 along these lines. 10 Defendant's Ouestion No. 2: 11 Page 26, lines 13 — 14: Q: "And who is the lender of this loan agreement? Who is giving 12 you the money?" 13 PlaintifPs Resnonse to Ouestion No. 2: 14 Page 26, line 15: A: "1 can't give that information." 15 Good Cause for Whv Answer Should be Comnelled: 16 Plaintiff has failed to provide justification for her refusal to answer this line of questioning. 17 Plaintiff is receiving funds from an unknown third party to pay for her attorney's fees in this matter, 18 as well as daily living expenses. Defendant has a right to the identity of this third party. Defendant 19 also has the right to question this third party with respect to the arrangement between them and 20 Plaintiff with respect to financial support paid to Plaintiff as her receipt of said support would be a 21 mitigating factor relevant to Defendant's defense. 22 Defendant therefore respectfully requests that the Court compel Plaintiff to answer questions 23 along these lines. 24 Defendant's Ouestion No. 3: 25 Page 38, line 24 — Page 39, line 1: Q: "Are you living with the lender, as we have used that 26 term as associated with whatever signed loan agreement you have in place?" 27 PlaintifPs Resnonse to Ouestion No. 3: 28 -2- DEFENDANT'S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL I Page 39, lines 2 — 9. Counsel for Plaintiff, "So we did — this is Debra. We did have a 2 conversation to discuss the circumstances behind the loan and her living situation. And by 3 answering any questions regarding the identity of the lender, she would be violating the protection 4 that she is entitled to under the Safe at Home program. And so we are not going to be providing 5 any additional information regarding the identity of the lender or locations." 6 Good Cause for Whv Answer Should be Comnelled: 7 Plaintiff has failed to provide justification for her refusal to answer this line of questioning. 8 Plaintiff is receiving funds from an unknown third party to pay for her attorney's fees in this matter, 9 as well as daily living expenses. Defendant has a right to the identity of this third party. Defendant 10 also has the right to question this third party with respect to the arrangement between them and 11 Plaintiff with respect to financial support paid to Plaintiff as her receipt of said support would be a 12 mitigating factor relevant to Defendant's defense. 13 Defendant therefore respectfully requests that the Court compel Plaintiff to answer questions 14 along these lines. 15 Defendant's Ouestion No. 4: 16 Page 40, line 11 — 14: Q: "Ms. Lemasters, my question is are you living with the lender? 17 And to be clear, I'm not asking you to give me the name of the lender. I simply want to know do 18 you currently live with the lender." 19 Plaintifps Resnonse to Ouestion No. 4: 20 Page 40, line 15 to page 41, line 7: Counsel for Plaintiff, "So the difficulty — and, Randy, 21 I'm not trying to make this hard for you. But the difficulty is that we have provided you with a 22 copy of the note, and we redacted out the identification of the lender. If you were to choose to 23 pursue motion practice and the court were to grant an order over our fervent objections that Ms. 24 Lemasters provide you with the name of the lender and she answers questions today about her 25 living situation relative to the lender, without giving anything away it wouldn't be difficult for you 26 and your client and your legal team to connect any dots. So because of the provisions of the Safe at 27 Home program, I'm going to direct her not to answer questions regarding the identity of the lender, 28 -3- DEFENDANT'S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL 1 location of the lender, her living situation relative to the lender. And we can meet and confer later 2 and take it up on another day." 3 Good Cause for Whv Answer Should be Comnelled: 4 Plaintiff has failed to provide justification for her refusal to answer this line of questioning. 5 Plaintiff is receiving funds from an unknown third party to pay for her attorney's fees in this matter, 6 as well as daily living expenses. Defendant has a right to the identity of this third party. Defendant 7 also has the right to question this third party with respect to the arrangement between them and 8 Plaintiff with respect to financial support paid to Plaintiff as her receipt of said support would be a 9 mitigating factor relevant to Defendant's defense. 10 Defendant therefore respectfully requests that the Court compel Plaintiff to answer questions 11 along these lines. 12 Defendant's Ouestion No. 5: 13 Page 43, line 24 — page 44, line 1: Q: "Okay. So let me be more specific. Are you currently 14 or have you ever been in a sexual relationship with the lender?" 15 Plaintiff's Resnonse to Ouestion No. 5: 16 Page 47, line 10 — 11: A: "I'm not going to answer the question." 17 Good Cause for Whv Answer Should be Comnelled: 18 Plaintiff has failed to provide justification for her refusal to answer this line of questioning. 19 Plaintiff is receiving funds from an unknown third party to pay for her attorney's fees in this matter, 20 as well as daily living expenses. Defendant has a right to the identity of this third party. Defendant 21 also has the right to question this third party with respect to the arrangement between them and 22 Plaintiff with respect to financial support paid to Plaintiff as her receipt of said support would be a 23 mitigating factor relevant to Defendant's defense. 24 Defendant therefore respectfully requests that the Court compel Plaintiff to answer questions 25 along these lines. 26 // 27 // 28 // -4- DEFENDANT'S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL 1 Dated: November 23, 2020 PIERSON COATS PALASH & PAUL, LLP By: Randy Rabidoux, Esq. Attorneys for Defendant, Paul Francis Deninger 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- DEFENDANT'S SEPARATE STATEMENT IN SUPPORT OF MOTION TO COMPEL