Preview
Electronically
by5mm Calm of Elliomia. County Of San Mm
DH 7/13/2021
By in! Alex? n
Hoover O Krepelka, LLP
JAMES J. HOOVER, SBN 217952
Certied Family Law Specialist
KARLINA PAREDES, SBN 291 103
1520 The Alameda, Suite 200
San Jose, CA 95126
408—947-7600
RANDY RABIDOUX, SBN: 293166
SOUND LAW GROUP, LLP
500 Sansome Street, Suite 220
San Francisco, California 941 11
Telephone: 415.495.4499
Facsimile: 415.495.3202
Email: rrabidoux@soundlawsf.com
Attorneys for Defendant,
PAUL FRANCIS DENINGER
lN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN MATEO
Case No: 19—CIV—03974
MARY ELIZABETH LEMASTERS
DECLARATION OF RANDY
Plaintiff, RABIDOUX, ESQ. IN OPPOSITION
V. OF PLAINTIFF’S MOTION FOR
PROTECTIVE ORDER ESTOPPING
PAUL FRANCIS DENINGER DEFENDANT FROM
PROPOUNDING FURTHER
Defendant. DISCOVERY TO OBTAIN THE
IDENTITY OF PLAINTIFF’S
PAUL FRANCIS DENINGER LENDER AND SANCTIONS
Cross-Complainant Date: July 27,2021
Time: 2:00 pm.
V. Dept: 4
MARY ELIZABETH LEMASTERS
Cross-Defendant.
DECLARATION OF RANDY RABIDOUX, ESQ. IN OPPOSITION OF PLAINTIFF’S MOTION FOR
PROTECTIVE ORDER ESTOPPING DEFENDANT FROM PROPOUNDING FURTHER DISCOVERY TO
OBTAIN THE IDENTITY OF PLAINTIFF’S LENDER AND SANCTIONS
1 I, RANDY RABIDOUX, ESQ., do hereby declare as follows:
2 1. I am an attorney at law, duly licensed to practice before all courts of the State of
3 California. I am an attorney with Sound Law Group, LLP, attorneys of record for Defendant,
4 Paul Francis Deninger ("Defendant") by association with Hoover ♦ Krepelka, LLP in San Mateo
5 County Case No. 19-CIV-03974. This declaration is in lieu of oral testimony pursuan to Code
6 of Civil Procedure § § 2009 and 2015 .5, California Rules of Court, Rule 5 .111, and Reifler v.
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Superior Court (1974) 390 Cal.App.3d 479. The following information is true of my own
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personal knowledge, and if called as a witness in this proceeding, I could and would
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competently testify thereto.
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2. To the extent necessary, I hereby certify these pleadings pursuant to the requirements of
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California Code of Civil Procedure §128.7. Nothing in this Declaration is intended to waive, nor
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shall it be deemed a waiver of, the attorney-client privilege, attorney work product doctrine,
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and/or any other applicable privileges or confidential communications.
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3. I am submitting this Declaration in opposition of Plaintiff's Motion for Protective Order
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Estopping Defendant from Propounding Further Discovery to Obtain the Identity of Plaintiff's
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17 Lender and Sanctions, filed June 7, 2021.
18 PLAINTIFF'S MOTION IS A MISLABELED OPPOSITION TO DEFENDANT'S MOTION
19 4. Plaintiff, Mary Elizabeth LeMasters' ("Plaintiff") instant motion is merely an opposition
20 to Defendant's Motion to Compel Plaintiff to Answer Questions at Deposition and Pay
21 Sanctions1 mislabeled as a Motion for Protective Order. In reality, Plaintiff appears to have little
22 interest in securing a protective order.
23 5. On June 11, 2021, Madeline Warren, an associate attorney with my office, contacted
24 Plaintiffs counsel, Sadie Clement, to propose a stipulated protective order to restrict the use of
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1Defendant's Motion to Compel was re-filed on April 30, 2021 after the first hearing was vacated to
27 allow the parties to attend an informal discovery conference.
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DECLARATION OF RANDY RABIDOUX, ESQ. IN OPPOSITION OF PLAINTIFF'S MOTION FOR
PROTECTIVE ORDER ESTOPPING DEFENDANT FROM PROPOUNDING FURTHER DISCOVERY TO
OBTAIN THE IDENTITY OF PLAINTIFF'S LENDER AND SANCTIONS
1 Plaintiffs lender's identity to this litigation only. Ms. Clement represented that she discussed
2 this proposal with Plaintiff and Plaintiff declined to enter into a protective order.
3 6. Defendant has attempted in good faith to avoid the instant discovery dispute. Plaintiff has
4 declined offers to compromise and continues to misapply her enrollment in the Safe At Horne
5 Program as an absolute bar to discovery regarding the identity of her financial benefactor.
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7. Plaintiff has provided no new facts or information in support of her Motion for Protective
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Order. Accordingly, in the interest of judicial economy, Defendant incorporates as his oppositio
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to Plaintiffs Motion for Protective Order all filed in support of his Motion to Compel, including:
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a. Defendant's Notice of Motion and Motion to Compel Plaintiffto Answer
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Questions at Deposition and Pay Sanctions, re-filed April 30, 2021.
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b. Defendant's Memorandum of Points and Authorities in Support of Defendant's
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Motion to Compel Plaintiff to Answer Questions at Deposition and Pay Sanctions,
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re-filed April 30, 2021.
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c. Declaration of Randy Rabidoux, Esq. in Support of Defendant's Notice of Motion
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16 and Motion to Compel Plaintiff to Answer Questions at Deposition and Pay
17 Sanctions, re-filed April 30, 2021.
18 d. Reply Declaration of Randy Rabi doux, Esq. in Support of Defendant's Notice of
19 Motion and Motion to Compel Plaintiff to Answer Questions at Deposition
20 and Pay Sanctions, re-filed concurrently herewith.
21 e. Reply Memorandum of Points and Authorities in Support of Defendant's Notice o
22 Motion and Motion to Compel Plaintiff to Answer Questions at Deposition and
23 Pay Sanctions, re-filed concurrently herewith.
24 II
25 II
26 II
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DECLARATION OF RANDY RABIDOUX, ESQ. IN OPPOSITION OF PLAINTIFF'S MOTION FOR
PROTECTIVE ORDER ESTOPPING DEFENDANT FROM PROPOUNDING FURTHER DISCOVERY TO
OBTAIN THE IDENTITY OF PLAINTIFF'S LENDER AND SANCTIONS
1 I declare under penalty of perjury under the laws of the State of California, that the foregoing
2 is true and correct.
3 Executed this 13th day of July 2021, in San Francisco, California.
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5 By:r;z._��¥
6 Randy Rabidoux
Attorney for Defendant
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DECLARATION OF RANDY RABIDOUX, ESQ. IN OPPOSITION OF PLAINTIFF'S MOTION FOR
PROTECTIVE ORDER ESTOPPING DEFENDANT FROM PROPOUNDING FURTHER DISCOVERY TO
OBTAIN THE IDENTITY OF PLAINTIFF'S LENDER AND SANCTIONS
1 PROOF OF SERVICE
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[CCP 1013a, 2015.5]
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I declare: I am employed in the County of San Francisco, State of California, am over the age
4 of eighteen years old, and not a party to this action. My business address is 500 Sansome Street, Suite
220, San Francisco, California 94111.
5
6 On July 13, 2021, I served the attached:
7 x Declaration of Randy Rabidoux, Esq., in Opposition of Plaintiff’s Motion for Protective
Order Estopping Defendant from Propounding Further Discovery to Obtain the Identity of
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Plaintiff’s Lender and Sanctions;
9 x Reply Declaration of Randy Rabidoux, Esq. in Support of Defendant’s Notice of Motion
and Motion to Compel Plaintiff to Answer Questions at Deposition and Pay Sanctions;
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x Reply Memorandum of Points and Authorities in Support of Defendant’s Notice of Motion
11 and Motion to Compel Plaintiff to Answer Questions at Deposition and Pay Sanctions.
12 on the attorney for Respondent listed below, addressed as follows:
13 Sadie Clement
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sclement@mtsalawgroup.com
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BY FACSIMILE MACHINE (FAX): By personally transmitting a true copy by fax between
the hours of 9:00 a.m. and 5:00 p.m.
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X BY EMAIL: By personally transmitting a true copy by email between 9:00 a.m. and 5:00
17 p.m.
18 BY MAIL: I am readily familiar with the firm’s practice of collecting, processing and mailing
correspondence. The attached document was sent by United States Postal Service today
19 before 5:00 p.m.
20 BY FEDERAL EXPRESS: By placing the attached in an envelope designated by Federal
Express with delivery fees paid or provided for, and depositing it in a box or at a facility
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regularly maintained by Federal Express.
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BY PERSONAL SERVICE: By personally delivering, or causing to be delivered, a true copy
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to the addressee at the address listed above.
24 I declare under penalty of perjury under the laws of the State of California that the above is
true and correct, and that this declaration was signed at San Francisco, California.
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Dated: July 13, 2021 _________________________________
27 Kara Goidosik
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DECLARATION OF RANDY RABIDOUX, ESQ. IN OPPOSITION OF PLAINTIFF'S MOTION FOR
PROTECTIVE ORDER ESTOPPING DEFENDANT FROM PROPOUNDING FURTHER DISCOVERY TO
OBTAIN THE IDENTITY OF PLAINTIFF'S LENDER AND SANCTIONS
Preview
Electronically by5mm Calm of Elliomia. County Of San Mm DH 7/13/2021 By in! Alex? n Hoover O Krepelka, LLP JAMES J. HOOVER, SBN 217952 Certied Family Law Specialist KARLINA PAREDES, SBN 291 103 1520 The Alameda, Suite 200 San Jose, CA 95126 408—947-7600 RANDY RABIDOUX, SBN: 293166 SOUND LAW GROUP, LLP 500 Sansome Street, Suite 220 San Francisco, California 941 11 Telephone: 415.495.4499 Facsimile: 415.495.3202 Email: rrabidoux@soundlawsf.com Attorneys for Defendant, PAUL FRANCIS DENINGER lN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO Case No: 19—CIV—03974 MARY ELIZABETH LEMASTERS DECLARATION OF RANDY Plaintiff, RABIDOUX, ESQ. IN OPPOSITION V. OF PLAINTIFF’S MOTION FOR PROTECTIVE ORDER ESTOPPING PAUL FRANCIS DENINGER DEFENDANT FROM PROPOUNDING FURTHER Defendant. DISCOVERY TO OBTAIN THE IDENTITY OF PLAINTIFF’S PAUL FRANCIS DENINGER LENDER AND SANCTIONS Cross-Complainant Date: July 27,2021 Time: 2:00 pm. V. Dept: 4 MARY ELIZABETH LEMASTERS Cross-Defendant. DECLARATION OF RANDY RABIDOUX, ESQ. IN OPPOSITION OF PLAINTIFF’S MOTION FOR PROTECTIVE ORDER ESTOPPING DEFENDANT FROM PROPOUNDING FURTHER DISCOVERY TO OBTAIN THE IDENTITY OF PLAINTIFF’S LENDER AND SANCTIONS 1 I, RANDY RABIDOUX, ESQ., do hereby declare as follows: 2 1. I am an attorney at law, duly licensed to practice before all courts of the State of 3 California. I am an attorney with Sound Law Group, LLP, attorneys of record for Defendant, 4 Paul Francis Deninger ("Defendant") by association with Hoover ♦ Krepelka, LLP in San Mateo 5 County Case No. 19-CIV-03974. This declaration is in lieu of oral testimony pursuan to Code 6 of Civil Procedure § § 2009 and 2015 .5, California Rules of Court, Rule 5 .111, and Reifler v. 7 Superior Court (1974) 390 Cal.App.3d 479. The following information is true of my own 8 personal knowledge, and if called as a witness in this proceeding, I could and would 9 competently testify thereto. 10 2. To the extent necessary, I hereby certify these pleadings pursuant to the requirements of 11 California Code of Civil Procedure §128.7. Nothing in this Declaration is intended to waive, nor 12 shall it be deemed a waiver of, the attorney-client privilege, attorney work product doctrine, 13 and/or any other applicable privileges or confidential communications. 14 3. I am submitting this Declaration in opposition of Plaintiff's Motion for Protective Order 15 Estopping Defendant from Propounding Further Discovery to Obtain the Identity of Plaintiff's 16 17 Lender and Sanctions, filed June 7, 2021. 18 PLAINTIFF'S MOTION IS A MISLABELED OPPOSITION TO DEFENDANT'S MOTION 19 4. Plaintiff, Mary Elizabeth LeMasters' ("Plaintiff") instant motion is merely an opposition 20 to Defendant's Motion to Compel Plaintiff to Answer Questions at Deposition and Pay 21 Sanctions1 mislabeled as a Motion for Protective Order. In reality, Plaintiff appears to have little 22 interest in securing a protective order. 23 5. On June 11, 2021, Madeline Warren, an associate attorney with my office, contacted 24 Plaintiffs counsel, Sadie Clement, to propose a stipulated protective order to restrict the use of 25 26 1Defendant's Motion to Compel was re-filed on April 30, 2021 after the first hearing was vacated to 27 allow the parties to attend an informal discovery conference. 1 28 DECLARATION OF RANDY RABIDOUX, ESQ. IN OPPOSITION OF PLAINTIFF'S MOTION FOR PROTECTIVE ORDER ESTOPPING DEFENDANT FROM PROPOUNDING FURTHER DISCOVERY TO OBTAIN THE IDENTITY OF PLAINTIFF'S LENDER AND SANCTIONS 1 Plaintiffs lender's identity to this litigation only. Ms. Clement represented that she discussed 2 this proposal with Plaintiff and Plaintiff declined to enter into a protective order. 3 6. Defendant has attempted in good faith to avoid the instant discovery dispute. Plaintiff has 4 declined offers to compromise and continues to misapply her enrollment in the Safe At Horne 5 Program as an absolute bar to discovery regarding the identity of her financial benefactor. 6 7. Plaintiff has provided no new facts or information in support of her Motion for Protective 7 Order. Accordingly, in the interest of judicial economy, Defendant incorporates as his oppositio 8 to Plaintiffs Motion for Protective Order all filed in support of his Motion to Compel, including: 9 a. Defendant's Notice of Motion and Motion to Compel Plaintiffto Answer 10 Questions at Deposition and Pay Sanctions, re-filed April 30, 2021. 11 b. Defendant's Memorandum of Points and Authorities in Support of Defendant's 12 Motion to Compel Plaintiff to Answer Questions at Deposition and Pay Sanctions, 13 re-filed April 30, 2021. 14 c. Declaration of Randy Rabidoux, Esq. in Support of Defendant's Notice of Motion 15 16 and Motion to Compel Plaintiff to Answer Questions at Deposition and Pay 17 Sanctions, re-filed April 30, 2021. 18 d. Reply Declaration of Randy Rabi doux, Esq. in Support of Defendant's Notice of 19 Motion and Motion to Compel Plaintiff to Answer Questions at Deposition 20 and Pay Sanctions, re-filed concurrently herewith. 21 e. Reply Memorandum of Points and Authorities in Support of Defendant's Notice o 22 Motion and Motion to Compel Plaintiff to Answer Questions at Deposition and 23 Pay Sanctions, re-filed concurrently herewith. 24 II 25 II 26 II 27 2 28 DECLARATION OF RANDY RABIDOUX, ESQ. IN OPPOSITION OF PLAINTIFF'S MOTION FOR PROTECTIVE ORDER ESTOPPING DEFENDANT FROM PROPOUNDING FURTHER DISCOVERY TO OBTAIN THE IDENTITY OF PLAINTIFF'S LENDER AND SANCTIONS 1 I declare under penalty of perjury under the laws of the State of California, that the foregoing 2 is true and correct. 3 Executed this 13th day of July 2021, in San Francisco, California. 4 5 By:r;z._��¥ 6 Randy Rabidoux Attorney for Defendant 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 3 28 DECLARATION OF RANDY RABIDOUX, ESQ. IN OPPOSITION OF PLAINTIFF'S MOTION FOR PROTECTIVE ORDER ESTOPPING DEFENDANT FROM PROPOUNDING FURTHER DISCOVERY TO OBTAIN THE IDENTITY OF PLAINTIFF'S LENDER AND SANCTIONS 1 PROOF OF SERVICE 2 [CCP 1013a, 2015.5] 3 I declare: I am employed in the County of San Francisco, State of California, am over the age 4 of eighteen years old, and not a party to this action. My business address is 500 Sansome Street, Suite 220, San Francisco, California 94111. 5 6 On July 13, 2021, I served the attached: 7 x Declaration of Randy Rabidoux, Esq., in Opposition of Plaintiff’s Motion for Protective Order Estopping Defendant from Propounding Further Discovery to Obtain the Identity of 8 Plaintiff’s Lender and Sanctions; 9 x Reply Declaration of Randy Rabidoux, Esq. in Support of Defendant’s Notice of Motion and Motion to Compel Plaintiff to Answer Questions at Deposition and Pay Sanctions; 10 x Reply Memorandum of Points and Authorities in Support of Defendant’s Notice of Motion 11 and Motion to Compel Plaintiff to Answer Questions at Deposition and Pay Sanctions. 12 on the attorney for Respondent listed below, addressed as follows: 13 Sadie Clement 14 sclement@mtsalawgroup.com 15 BY FACSIMILE MACHINE (FAX): By personally transmitting a true copy by fax between the hours of 9:00 a.m. and 5:00 p.m. 16 X BY EMAIL: By personally transmitting a true copy by email between 9:00 a.m. and 5:00 17 p.m. 18 BY MAIL: I am readily familiar with the firm’s practice of collecting, processing and mailing correspondence. The attached document was sent by United States Postal Service today 19 before 5:00 p.m. 20 BY FEDERAL EXPRESS: By placing the attached in an envelope designated by Federal Express with delivery fees paid or provided for, and depositing it in a box or at a facility 21 regularly maintained by Federal Express. 22 BY PERSONAL SERVICE: By personally delivering, or causing to be delivered, a true copy 23 to the addressee at the address listed above. 24 I declare under penalty of perjury under the laws of the State of California that the above is true and correct, and that this declaration was signed at San Francisco, California. 25 26 Dated: July 13, 2021 _________________________________ 27 Kara Goidosik 28 4 DECLARATION OF RANDY RABIDOUX, ESQ. IN OPPOSITION OF PLAINTIFF'S MOTION FOR PROTECTIVE ORDER ESTOPPING DEFENDANT FROM PROPOUNDING FURTHER DISCOVERY TO OBTAIN THE IDENTITY OF PLAINTIFF'S LENDER AND SANCTIONS