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1 DAVID CHIU, State Bar #189542
City Attorney
2 ELAINE M. O’NEIL, State Bar #142234 ELECTRONICALLY
Construction & Public Contracting Team Leader FILED
3 DAVID R. HOBSTETTER, State Bar #277344 Superior Court of California,
County of San Francisco
Deputy City Attorney
4 Fox Plaza 02/28/2024
1390 Market Street, 7th Floor Clerk of the Court
BY: VERA MU
5 San Francisco, CA 94102-5408 Deputy Clerk
Telephone: (415) 554-3981
6 Facsimile: (415) 255-0733
E-Mail: david.hobstetter@sfcityatty.org
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8 Attorneys for Defendant
CITY AND COUNTY OF SAN FRANCISCO
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10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SAN FRANCISCO
12 UNLIMITED JURISDICTION
13 UNITEDLAYER, LLC, a Delaware limited Case No. CGC-22-601798
liability company,
14 DECLARATION OF DAVID R. HOBSTETTER
Plaintiff, IN SUPPORT OF CITY AND COUNTY OF
15 SAN FRANCISCO’S OPPOSITION TO
vs. UNITEDLAYER, LLC’S MOTION FOR
16 ORDER RE: RELIEF PURSUANT TO
CITY AND COUNTY OF SAN CALIFORNIA CODE OF CIVIL PROCEDURE
17 FRANCISCO, and DOES 1 through 10, § 2033.300; § 2033.280, § 473(b) AND §1008 [RE:
inclusive, JANUARY 18, 2024 ORDER DEEMING
18 MATTERS ADMITTED & ORDER RE:
Defendants. OBJECTIONS]
19
Hearing Date: March 12, 2024
20 Hearing Judge: Hon. Mathew S. Kahn
Time: 9:00 A.M.
21 Dept.: 302
22 Date Action Filed: September 14, 2022
Trial Date: November 4, 2024
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Attached Documents: Exs. A - I
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Dec. of DRH in Opp to UL Mot. for Relief; Case No: CGC-22-601798 n:\constr\li2024\230190\01739794.docx
1 I, David R. Hobstetter, declare as follows:
2 1. I am an attorney admitted to practice law in the State of California and before this
3 Court. I am employed as a Deputy City Attorney with the Office of the City Attorney for the City and
4 County of San Francisco (“City” or “San Francisco”). I am counsel for San Francisco in the above-
5 captioned litigation.
6 2. The information contained in this declaration is true based on my own personal
7 knowledge unless state otherwise, and if called upon to do so, I could and would competently testify
8 thereto.
9 3. San Francisco propounded its first set of Requests for Admission, Special
10 Interrogatories, Form Interrogatories, and Requests for Production on May 11, 2023.
11 4. Attached as Exhibit A is a true and correct copy of email communications between me
12 and UnitedLayer’s Business Manager, Monish Salehittal.
13 5. San Francisco granted Plaintiff multiple extensions of the deadline to respond to the
14 written discovery requests, but due to, at the time, a calendared trial date of May 6, 2024, San
15 Francisco declined to extend the deadline beyond September 15, 2023. (See Ex. A.)
16 6. Plaintiff did not serve responses to San Francisco’s discovery requests by the
17 September 15, 2023, deadline.
18 7. Attached as Exhibit B is a true and correct copy of the Court’s Register of Actions for
19 this case.
20 8. Attached as Exhibit C is a true and correct copy of the Court’s January 18, 2024, order
21 granting the City’s motion to compel and to deem matter admitted.
22 9. On September 29, 2023, San Francisco filed its Motion to Compel and to Deem Matters
23 Admitted, requesting that the Court enter an order compelling responses without objection to San
24 Francisco’s first sets of Requests for Production (“RFPs”), Special Interrogatories (“SRogs”), and
25 Form Interrogatories (“FRogs”); and deeming admitted San Francisco’s Requests for Admission
26 (“RFAs”). (See Exs. B at 5 & C.)
27 10. San Francisco set a hearing date of November 1, 2023, for the motion. (See Ex. B at 5.)
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Dec. of DRH in Opp to UL Mot. for Relief; Case No: CGC-22-601798 n:\constr\li2024\230190\01739794.docx
1 11. Plaintiff failed to file a timely opposition to the motion, and on October 25, 2023, San
2 Francisco filed its reply. (See Ex. B at 4.)
3 12. Subsequently, on October 25, 2023, Plaintiff filed a belated opposition to the motion.
4 (See Ex. B at 4.)
5 13. On November 1, 2023, the Court continued the motion hearing to November 20, 2023.
6 (See Ex. B at 4.)
7 14. On November 17, 2023, after a clerical error removed the motion from the hearing
8 calendar, the Court set the matter for a November 27, 2023, hearing. (See Ex. B at 4.)
9 15. On November 27, 2023, the Court continued the motion hearing to December 19, 2023.
10 (See Ex. B at 4.)
11 16. On December 19, 2023, the count continued the hearing to January 18, 2024, to allow
12 Plaintiff to file a motion to file a motion for relief from waiver. The Court’s order continuing the
13 hearing stated: “FAILING A SUCCESSFUL MOTION FOR RELIEF FROM WAIVER, THIS
14 MOTION WILL LIKELY BE GRANTED.” (See Ex. B at 4.)
15 17. Nearly a month later, on January 17, 2024, Plaintiff filed a motion for relief from its
16 waiver of discovery objections, setting a hearing date of February 20, 2024. (See Ex. B at 3.)
17 18. On January 17, 2024, the Court posted a tentative ruling granting the City’s September
18 29, 2023, Motion to Compel and to Deem Matters Admitted. Plaintiff failed to contest the tentative,
19 and on January 18, 2024, the Court adopted its tentative. (Ex. C.)
20 19. Attached as Exhibit D is a true and correct copy of the 2nd Appellate District’s
21 Appellate Court Case Information for Alfaro v. SCO, LLC, Case Number B326036, indicating that on
22 January 17, 2024, the Court heard argument from “1:41:42” until “2:15:05.”
23 20. On January 22, 2024, the City filed and served its Notice of Entry of Order for the
24 Court’s January 18, 2024, order. (See Ex. B at 3.)
25 21. On January 25, 2024, Plaintiff served responses to the City’s first sets of Requests for
26 Production of Documents (“RPD”), Special Interrogatories (“Special Rogs”), and Form Interrogatories
27 (“Form Rogs”). True and correct copies of Plaintiff’s responses are attached hereto as Exhibit E (RPD
28 responses), Exhibit F (Special Rogs responses), and Exhibit G (Form Rogs responses) Plaintiff’s
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Dec. of DRH in Opp to UL Mot. for Relief; Case No: CGC-22-601798 n:\constr\li2024\230190\01739794.docx
1 responses contain objections, which is a direct violation of the Court’s January 18, 2024, order. Two
2 of Plaintiff’s RPD responses object, but do not respond, to the City’s request.
3 22. On January 31, 2024, Plaintiff appeared ex parte to present an application for
4 reconsideration of the Court’s January 18, 2024, order. A true and correct copy of Plaintiff’s Notice
5 Re: Ex Parte Application for Reconsideration Re: Discovery Order from January is attached hereto as
6 Exhibit H. Plaintiff’s January 31 ex parte application did not contest the portion of the Court’s
7 January 18 Order that directed Plaintiff to provide responses without objection. Rather, Plaintiff
8 requested that the court “strike portions of the related [January 19] Order as deeming matters admitted
9 . . . .” (Ex. H.) The Court denied the application on grounds that a motion or ex parte application for
10 reconsideration needs to be heard by the judicial officer who made the initial ruling. (See Ex. B at 2.)
11 23. On February 15, 2024, Plaintiff appeared ex parte to request relief from the Court’s
12 January 18, 2024, order; to request a stay of the effectiveness of the portion of the January 18 Order
13 instructing Plaintiff to provide responses without objection, and to request that the Court, in the
14 alternative, consider a motion on shortened time. A true and correct copy of Plaintiff’s Notice Re:
15 Plaintiff, UnitedLayer, LLC’s Ex Parte Application for Order Re: Relief Pursuant to California Code
16 of Civil Procedure § 2033.300 and/or § 473(b) is attached hereto as Exhibit I. The Court denied the
17 request and reiterated that the ex parte application for reconsideration needed to be heard by the
18 judicial officer who made the initial ruling. (See Ex. B at 2.)
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Dec. of DRH in Opp to UL Mot. for Relief; Case No: CGC-22-601798 n:\constr\li2024\230190\01739794.docx
1 24. On February 20, 2024, the Court continued the hearing on Plaintiff’s January 17, 2024,
2 motion for relief from its waiver of discovery objections to March 12, 2024. The Court ordered:
3 ANY ORDER GRANTING THIS MOTION WOULD CREATE AN
INCONSISTENCY WITH THE ORDER OF JANUARY 18, 2024.
4 UNDER CCP 1008, A MOTION FOR RECONSIDERATION MUST BE
HEARD BY THE "SAME JUDGE." WHILE THIS IS NOT STYLED AS
5 A MOTION FOR RECONSIDERATION, IT WOULD HAVE THAT
EFFECT. THEREFORE, THE BETTER APPROACH IS TO
6 CONTINUE THE PRESENT MOTION FOR RELIEF TO THE SAME
JUDICIAL OFFICER WHO COULD RECONSIDER THE ORDER
7 COMPELLING RESPONSES.
8 (Ex. B at 1.) Plaintiff did not contest this order.
9 I declare under penalty of perjury under the laws of California that the foregoing is true and
10 correct, and that this declaration was executed in San Francisco, California on February 28, 2024.
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14 DAVID R. HOBSTETTER
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Dec. of DRH in Opp to UL Mot. for Relief; Case No: CGC-22-601798 n:\constr\li2024\230190\01739794.docx
PROOF OF SERVICE
1
I, Elena Benitez, declare as follows:
2
I am a citizen of the United States, over the age of eighteen years and not a party to the above-
3 entitled action. I am employed at the City Attorney’s Office of San Francisco, Fox Plaza Building,
1390 Market Street, Suite 401, San Francisco, CA 94102.
4
On February 28, 2024, I served the following document(s):
5
DECLARATION OF DAVID R. HOBSTETTER IN SUPPORT OF CITY AND COUNTY OF
6 SAN FRANCISCO’S OPPOSITION TO UNITEDLAYER, LLC’S MOTION FOR ORDER RE:
RELIEF PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE § 2033.300; §
7 2033.280, § 473(b) AND §1008 [RE: JANUARY 18, 2024 ORDER DEEMING MATTERS
ADMITTED & ORDER RE: OBJECTIONS]
8
on the following persons at the locations specified:
9
Renee De Golier, Esq. Attorneys for Plaintiff
10 Edward E. Sipes, Esq. UnitedLayer, LLC
Glenda Austin
11 Christensen Hsu Sipes LLP
1629 Cravens Avenue
12 Torrance, CA 90501
310-222-8607 Tel / 310-222-8680 Fax
13 renee@chs.law
ed@chs.law
14 glenda@chs.law
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in the manner indicated below:
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BY ELECTRONIC FILING: I electronically served the above referenced document(s) through File &
17 ServeXpress. E-Service in this action was completed on all parties listed on the service list with File &
ServeXpress. This service complies with the Court's Local Rule 2.10 for allowance of documents to be
18 voluntarily filed and served upon interested parties via File & ServeXpress E-Service System.
19 I declare under penalty of perjury pursuant to the laws of the State of California that the
foregoing is true and correct.
20
Executed on February 28, 2024, at San Francisco, California.
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24 ELENA BENITEZ
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Dec. of DRH in Opp to UL Mot. for Relief; Case No: CGC-22-601798 n:\constr\li2024\230190\01739794.docx
EXHIBIT A
From: Monish Sharaschandra Salehittal
To: Hobstetter, David (CAT)
Subject: RE: Request for Extension to Respond to Discovery Request
Date: Friday, September 29, 2023 1:16:40 PM
Attachments: image011.png
image013.png
image014.png
Hi David,
I kindly request if you hold off on filing the Motion to Compel. Our attorney needs some time to
finalize a revised retainer agreement to UnitedLayer and also file for substitution of attorney for this
case.
Regards,
Monish
From: Hobstetter, David (CAT)
Sent: Thursday, September 28, 2023 3:49 PM
To: Monish Sharaschandra Salehittal
Subject: RE: Request for Extension to Respond to Discovery Request
Dear Monish,
I was unable to reach you on the phone. In light of the position of the case, the City cannot
delay in moving forward with a motion to compel. However, while the City reserves the right
to seek sanctions in the future for UnitedLayer’s failure to respond, the City will not request
monetary sanctions through this motion. The parties can continue the meet and confer
process over the coming weeks, and perhaps we can resolve the matter without it going to
hearing.
David R. Hobstetter (he/him)
Deputy City Attorney
Office of City Attorney David Chiu
Construction and Public Contracting Team
1390 Market St., 4th Floor, San Francisco, CA 94102
(415) 554-3981 Direct
CONFIDENTIALITY NOTICE: This communication and its contents may contain confidential
and/or legally privileged information. It is solely for the use of the intended recipient(s). If
you are not the intended recipient, please contact the sender and destroy all copies of the
communication.
From: Hobstetter, David (CAT)
Sent: Thursday, September 28, 2023 3:21 PM
To: 'Monish Sharaschandra Salehittal'
Subject: RE: Request for Extension to Respond to Discovery Request
Dear Monish,
The City has already granted extensions of over 3.5 months. You previously told me that
UnitedLayer had retained counsel, and now it appears that UnitedLayer still has not in fact
retained counsel. The City cannot further delay taking action to ensure that UnitedLayer
responds to the City’s discovery requests.
I will call you to follow up on this email.
David R. Hobstetter (he/him)
Deputy City Attorney
Office of City Attorney David Chiu
Construction and Public Contracting Team
1390 Market St., 4th Floor, San Francisco, CA 94102
(415) 554-3981 Direct
CONFIDENTIALITY NOTICE: This communication and its contents may contain confidential
and/or legally privileged information. It is solely for the use of the intended recipient(s). If
you are not the intended recipient, please contact the sender and destroy all copies of the
communication.
From: Monish Sharaschandra Salehittal
Sent: Wednesday, September 27, 2023 11:30 PM
To: Hobstetter, David (CAT)
Subject: RE: Request for Extension to Respond to Discovery Request
Hi David,
There has been considerable discussion and negotiation in the process of selecting legal
representation for UnitedLayer. We have now successfully chosen a lawyer for our side, and as we
are in the process of finalizing our agreement with this new firm, our newly appointed attorney,
Renee, will be contacting you by Friday, September 29th to initiate discussions regarding this case. I
kindly request that you refrain from filing the motion at this moment.
Regards,
Monish
From: Hobstetter, David (CAT)
Sent: Wednesday, September 27, 2023 11:06 AM
To: Monish Sharaschandra Salehittal
Subject: RE: Request for Extension to Respond to Discovery Request
Dear Monish,
I assumed based on my prior email that new counsel for UnitedLayer would be reaching out to
me. It has been over a week, and I have not heard from your attorney. I checked the court’s
website, and a new attorney has not appeared for UnitedLayer. As a result, I am assuming
UnitedLayer in fact has not finalized representation and I must contact you about
UnitedLayer’s failure to respond to the City’s written discovery requests. Here, UnitedLayer
has sued the City, and the case is schedule for trial on May 6, 2024. The City anticipates filing a
motion for summary judgment, and the deadline for filing and serving that motion likely will
fall 105 days before trial, meaning on or about January 22, 2024. UnitedLayer’s delays are
prejudicing the City’s right to defend itself in this matter.
The City propounded its written discover requests on May 11, 2023. On May 16, UnitedLayer’s
prior attorney, Joshua Mino, requested an extension of the time to respond to the discovery
requests, stating that he was withdrawing as counsel and that UnitedLayer needed more time
to respond while it onboarded new counsel. The City granted a two-week extension in
response to Mr. Mino’s request, and then through the parties’ stipulation to continue the trial
date, the City granted an additional extension to 30 days from the date of the court’s entry of
an order continuing the trial date. The City subsequently granted UnitedLayer an additional
extension through August 24, 2023, due to UnitedLayer’s alleged “delays in finalizing legal
representation to handle our case effectively.” On August 23, 2023, you wrote to me, stating
“[o]ur efforts to secure legal representation for our case are still ongoing” and requesting an
additional extension. I wrote in response on that same day: “The City grants an additional
extension to September 15, 2023, for UnitedLayer to respond to the City’s written discovery
requests. Due to the City’s anticipated need to prepare a motion for summary judgment, the
City will not be willing to grant an additional extension.”
It is now 12 days past the deadline for UnitedLayer to respond to the City’s discovery requests,
and UnitedLayer has failed to respond or object to any of the requests. As a result,
UnitedLayer is, among other things, subject to the waivers and sanctions set forth in California
Code of Civil Procedure sections 2030.290 (interrogatories), 2031.300 (inspection of
documents), and 2033.280 (requests for admission).
I am providing notice that the City will file a motion to compel UnitedLayer to respond to the
City’s discovery requests, for an order that the genuineness of any documents and the truth of
any matters specified in the City’s requests for admission be deemed admitted, and for
sanctions. To the extent UnitedLayer has not retained counsel, please contact me as soon as
possible, and if UnitedLayer has retained counsel, please provide me with the contact
information for UnitedLayer’s counsel so that I may forward this email to them and contact
them about these discovery issues.
David R. Hobstetter (he/him)
Deputy City Attorney
Office of City Attorney David Chiu
Construction and Public Contracting Team
1390 Market St., 4th Floor, San Francisco, CA 94102
(415) 554-3981 Direct
CONFIDENTIALITY NOTICE: This communication and its contents may contain confidential
and/or legally privileged information. It is solely for the use of the intended recipient(s). If
you are not the intended recipient, please contact the sender and destroy all copies of the
communication.
From: Hobstetter, David (CAT)
Sent: Monday, September 18, 2023 10:43 AM
To: 'Monish Sharaschandra Salehittal'
Subject: RE: Request for Extension to Respond to Discovery Request
Dear Monish,
Now that UnitedLayer has engaged counsel, I can communicate with UnitedLayer’s counsel
only.
David R. Hobstetter (he/him)
Deputy City Attorney
Office of City Attorney David Chiu
Construction and Public Contracting Team
1390 Market St., 4th Floor, San Francisco, CA 94102
(415) 554-3981 Direct
CONFIDENTIALITY NOTICE: This communication and its contents may contain confidential
and/or legally privileged information. It is solely for the use of the intended recipient(s). If
you are not the intended recipient, please contact the sender and destroy all copies of the
communication.
From: Monish Sharaschandra Salehittal
Sent: Thursday, September 14, 2023 2:05 PM
To: Hobstetter, David (CAT)
Subject: RE: Request for Extension to Respond to Discovery Request
Hello David,
We have recently engaged our attorney, who will start working on our case. However, he has
requested a month's time to thoroughly understand the details of the case before providing a
response to the written discovery. Consequently, we would like to request an additional 30 days to
respond to the written discovery.
Regards,
Monish Salehittal
Business Manager
UnitedLayer LLC | Experience The Best Hybrid Cloud IaaS!
https://www.unitedlayer.com
Contact: +1 415 660 9756 Email: monish@unitedlayer.com
From: Hobstetter, David (CAT)
Sent: Wednesday, August 23, 2023 5:11 PM
To: Monish Sharaschandra Salehittal
Subject: RE: Request for Extension to Respond to Discovery Request
Dear Monish,
The City grants an additional extension to September 15, 2023, for UnitedLayer to respond to
the City’s written discovery requests. Due to the City’s anticipated need to prepare a motion
for summary judgment, the City will not be willing to grant an additional extension.
David R. Hobstetter (he/him)
Deputy City Attorney
Office of City Attorney David Chiu
Construction and Public Contracting Team
1390 Market St., 4th Floor, San Francisco, CA 94102
(415) 554-3981 Direct
CONFIDENTIALITY NOTICE: This communication and its contents may contain confidential
and/or legally privileged information. It is solely for the use of the intended recipient(s). If
you are not the intended recipient, please contact the sender and destroy all copies of the
communication.
From: Monish Sharaschandra Salehittal
Sent: Wednesday, August 23, 2023 1:31 PM
To: Hobstetter, David (CAT)
Subject: RE: Request for Extension to Respond to Discovery Request
Hello David,
Our efforts to secure legal representation for our case are still ongoing. Would you please consider
granting us an additional extension to provide a response to the discovery request?
Regards,
Monish Salehittal
Business Manager
UnitedLayer LLC | Experience The Best Hybrid Cloud IaaS!
https://www.unitedlayer.com
Contact: +1 415 660 9756 Email: monish@unitedlayer.com
From: Monish Sharaschandra Salehittal
Sent: Thursday, July 20, 2023 4:47 PM
To: Hobstetter, David (CAT)
Subject: RE: Request for Extension to Respond to Discovery Request
Thank you David for granting the 30-day extension for our response to the City's written
discovery requests. We appreciate the accommodation and shall provide our responses by 24th
August.
Yes, I will be the appropriate point of contact for UnitedLayer in this case as we seek to
engage legal representation.
Regards,
Monish
From: Hobstetter, David (CAT)
Sent: Thursday, July 20, 2023 4:01 PM
To: Monish Sharaschandra Salehittal
Subject: Re: Request for Extension to Respond to Discovery Request
Dear Monish,
Yes, the City is willing to grant a 30 day extension to respond to the City’s written discovery requests.
Are you the best contact in this case for UnitedLayer while UnitedLayer is representing itself? Also,
please let me know if you retain counsel.
Best,
David
David R. Hobstetter
Deputy City Attorney
Office of City Attorney David Chiu
Construction and Public Contracting Team
1390 Market St., 4th Floor, San Francisco, CA 94102
Direct (415) 554-3981
CONFIDENTIALITY NOTICE: This communication and its contents may contain confidential and/or
legally privileged information. It is solely for the use of the intended recipient(s). If you are not the
intended recipient, please contact the sender and destroy all copies of the communication.
From: Monish Sharaschandra Salehittal
Sent: Thursday, July 20, 2023 12:41:40 PM
To: Hobstetter, David (CAT)
Subject: Request for Extension to Respond to Discovery Request
Hi David,
I hope this email finds you well. I am writing on behalf of my company UnitedLayer LLC, in
response to the discovery request you sent for the Case No. CGC-22-601798.
Regrettably, we have encountered delays in finalizing legal representation to handle our case
effectively. We understand the critical nature of responding to the discovery request
appropriately, and we are actively working to engage an attorney to represent us in this matter.
Given the circumstances, we kindly request an extension of 30 days to respond to the
discovery requests. We assure you that we are diligently working to secure legal counsel as
soon as possible so that we can provide comprehensive and timely responses.
Thank you for your understanding and cooperation. We look forward to resolving this matter
in an efficient and amicable manner.
Regards,
Monish Salehittal
Business Manager
UnitedLayer LLC | Experience The Best Hybrid Cloud IaaS!
https://www.unitedlayer.com
Contact: +1 415 660 9756 Email: monish@unitedlayer.com
EXHIBIT B
Case Information https://webapps.sftc.org/ci/CaseInfo.dll?CaseNum=CGC22601798&Ses...
Contact Us
Case Number: CGC22601798
Title: UNITEDLAYER, LLC, VS. CITY AND COUNTY OF SAN FRANCISCO ET AL
Cause of Action: CONTRACT/WARRANTY
Generated: 2024-02-27 3:38 pm
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Date Proceedings Document Fee
2024-02-20 DISCOVERY 302, PLAINTIFF UNITEDLAYER, LLC'S MOTION FOR
ORDER RE: RELIEF FROM WAIVER OF OBJECTIONS RE: MULTIPLE
DISCOVERY SETS SERVED BY DEFENDANT, CITY AND COUNTY OF
SAN FRANCISCO IS TO MARCH 12, 2024 AT 9:00 A.M. DEPT. 302
DISCOVERY FOR REHEARING BEFORE JPT MATTHEW KAHN. ANY
ORDER GRANTING THIS MOTION WOULD CREATE AN
INCONSISTENCY WITH THE ORDER OF JANUARY 18, 2024. UNDER
CCP 1008, A MOTION FOR RECONSIDERATION MUST BE HEARD BY
THE "SAME JUDGE." WHILE THIS IS NOT STYLED AS A MOTION FOR
RECONSIDERATION, IT WOULD HAVE THAT EFFECT. THEREFORE,
THE BETTER APPROACH IS TO CONTINUE THE PRESENT MOTION
FOR RELIEF TO THE SAME JUDICIAL OFFICER WHO COULD
RECONSIDER THE ORDER COMPELLING RESPONSES. JUDGE PRO
TEM MATTHEW KAHN'S NEXT DATE TO PRESIDE IN DISCOVERY IS
MARCH 12, 2024. JUDGE PRO TEM: SCOTT BORROWMAN; CLERK: W.
TRUPEK; NOT REPORTED (302/JPT)
2024-02-20 MINI MINUTES FOR FEB-20-2024 09:00 AM FOR DEPT 302
2024-02-16 PROOF OF SERVICE OF MOTION FOR ORDER RE: RELIEF View
PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE 2033.300;
2033.280, 473(B) AND 1008 [RE: JANUARY 18, 2024 ORDER DEEMING
MATTERS ADMITTED & ORDER RE: OBJECTIONS]; NOTICE RE:
PLAINTIFF, UNITEDLAYER, LLC'S MOTION FOR ORDER RE: RELIEF;
AND DECLARATION OF RENEE DE GOLIER (TRANSACTION ID #
72070223) FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE
LIMITED LIABILITY COMPANY
2024-02-16 DECLARATION OF RENEE DE GOLIER IN SUPPORT OF PLAINTIFF, View
UNITEDLAYER, LLCS MOTION FOR ORDER RE: RELIEF PURSUANT
TO CALIFORNIA CODE OF CIVIL PROCEDURE 2033.300 2033.280,
473(B) AND S 1008 [RE: JANUARY 18, 2024 ORDER DEEMING
MATTERS ADMITTED ORDER RE OBJECTIONS] (TRANSACTION ID #
72070223) FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE
LIMITED LIABILITY COMPANY
2024-02-16 MOTION FOR ORDER RE: RELIEF PURSUANT TO CALIFORNIA CODE View $60.00
OF CIVIL PROCEDURE 2033.300 2433.284, S 473(B) AND S 1008 [RE:
JANUARY 8,2024 ORDER DEEMING MATTERS ADMITTED AND
ORDER RE: OBJECTIONS] (TRANSACTION ID # 72070223) FILED BY
PLAINTIFF UNITEDLAYER, LLC, A DELAWARE LIMITED LIABILITY
COMPANY HEARING SET FOR MAR-12-2024 AT 09:00 AM IN DEPT 302
2024-02-16 NOTICE RE PLAINTIFF. UNITEDLAYER, LLCS MOTION FOR ORDER RE View
RELIEF PURSUANT TO CALIFORNIA CODE OF CIVI PROCEDURE
2033.300 2033.280, 473(B) AND 1008[RE JANUARY 18, 2024 ORDER
DEEMING MATTERS ADMITTED AND ORDER RE: OBJECTIONS]
(TRANSACTION ID # 72070223) FILED BY PLAINTIFF UNITEDLAYER,
LLC, A DELAWARE LIMITED LIABILITY COMPANY
1 of 6 2/27/2024, 3:40 PM
Case Information https://webapps.sftc.org/ci/CaseInfo.dll?CaseNum=CGC22601798&Ses...
Date Proceedings Document Fee
2024-02-15 REMARK: AS TO THE FEB-15-2024 EX PARTE HEARING RE:
PLAINTIFF UNITEDLAYER, LLC'S EX PARTE APPLICATION FOR
ORDER RE: RELIEF PURSUANT TO CALIFORNIA CODE OF CIVIL
PROCEDURE SEC. 2033.300 AND/OR SEC. 473(B) [RE: JANUARY 18,
2024 ORDER DEEMING MATTERS ADMITTED & OBJECTIONS]; AND/
OR FOR ORDER SPECIALLY SETTING MOTION FOR SHORTENED
TIME, THE COURT DENIES THE EX PARTE APPLICATION AND
REITERATES PLAINTIFF'S REQUEST MUST BE BROUGHT BEFORE
JUDGE PRO TEM MATTHEW KAHN. THE COURT INFORMS PLAINTIFF
THAT JUDGE PRO TEM KAHN IS SCHEDULED TO PRESIDE OVER
THE MARCH 12, 2024 9:00 A.M. DISCOVERY CALENDAR, AND SO
PLAINTIFF SHOULD FILE A REGULARLY-NOTICED MOTION FOR THAT
DATE/CALENDAR. JUDGE: RICHARD B. ULMER JR.; CLERK: S. KANE;
NOT REPORTED. (302/RBU)
2024-02-14 DECLARATION OF DAVID R HOBSTETTER IN OPPOSITION TO View
PLAINTIFF UNITEDLAYER LLCS EX PARTE APPLICATION FOR ORDER
RE RELIEF PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE
SECTION 2033.300 AND OR SECTION 473B RE JANUARY 18 2024
ORDER DEEMING MATTERS ADMITTED AND OBJECTIONS AND OR
FOR ORDER SPECIALLY SETTING MOTION FOR SHORTENED TIME
(TRANSACTION ID # 72043978) FILED BY DEFENDANT CITY AND
COUNTY OF SAN FRANCISCO
2024-02-14 OPPOSITION TO PLAINTIFF UNITEDLAYER LLCS EX PARTE View
APPLICATION FOR ORDER RE RELIEF PURSUANT TO CALIFORNIA
CODE OF CIVIL PROCEDURE SECTION 2033.300 AND OR SECTION
473B RE JANUARY 18 2024 ORDER DEEMING MATTERS ADMITTED
AND OBJECTIONS AND OR FOR ORDER SPECIALLY SETTING
MOTION FOR SHORTENED TIME (TRANSACTION ID # 72043978)
FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO
2024-02-13 NOTICE OF ELECTRONIC SERVICE (TRANSACTION ID # 72033442) View
FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO
2024-02-13 EX PARTE APPLICATION FOR ORDER RE: RELIEF PURSUANT TO View $60.00
CALIFORNIA CODE OF CIVIL PROCEDURE 2033.300 AND OR 473(B)
[RE: JANUARY 18, 2024 ORDER DEEMING MATTERS ADMITTED
OBJECTIONS AND OR FOR ORDER SPECIALLY SETTING MOTION
FOR SHORTENED TIME (TRANSACTION ID # 72027965) FILED BY
PLAINTIFF UNITEDLAYER, LLC, A DELAWARE LIMITED LIABILITY
COMPANY
2024-02-05 DECLARATION OF DAVID HOBSTETTER IN SUPPORT OF CITY AND View
COUNTY OF SAN FRANCISCOS OPPOSITION TO UNITEDLAYER LLC'S
MOTION FOR ORDER RE RELIEF FROM WAIVER OF OBJECTIONS RE
MULTIPLE DISCOVERY SETS SERVED BY CCSF (TRANSACTION ID #
71956795) FILED BY DEFENDANT CITY AND COUNTY OF SAN
FRANCISCO
2024-02-05 OPPOSITION TO UNITEDLAYER, LLCS MOTION FOR ORDER RE View
RELIEF FROM WAIVER OF OBJECTIONS RE MULTIPLE DISCOVERY
SETS SERVED BY CCSF (TRANSACTION ID # 71956795) FILED BY
DEFENDANT CITY AND COUNTY OF SAN FRANCISCO
2024-01-31 HERING HELD RE: EX PARTE APPLICATION FOR RECONSIDERATION
RE: DISCOVERY ORDER FROM JANUARY 18, 2024 - DENIED. A
MOTION/EX PARTE APPLICATION FOR RECONSIDERATION NEEDS
TO BE HEARD BY THE JUDICIAL OFFICER WHO MAEKD THE INITAL
RULING. MOTION FOR RECONSIDERTION BE NOTICED FOR
HEARING WITH JPT: MATTHEW KAHN.
2024-01-30 DECLARATION OF DAVID R HOBSTETTER IN OPPOSITION TO View
PLAINTIFF UNITEDLAYER LLC'S EX PARTE APPLICATION FOR
RECONSIDERATION RE DISCOVERY ORDER FROM JANUARY 18 2024
[OR, IN THE ALTERNATIVE FOR RELIEF PURSUANT TO CALIFORNIA
CODE OF CIVIL PROCEDURE SECTION 473 (B) AND/OR SEC
2033.300] AND/OR FOR ORDER SPECIALLY SETTING MOTION FOR
SHORTENED TIME (TRANSACTION ID # 71912735) FILED BY
DEFENDANT CITY AND COUNTY OF SAN FRANCISCO
2024-01-30 OPPOSITION TO PLAINTIFF UNITEDLAYER LLC'S EX PARTE View
APPLICATION FOR RECONSIDERATION RE DISCOVERY ORDER
FROM JANUARY 18, 2024 OR [IN THE ALTERNATIVE FOR RELIEF
2 of 6 2/27/2024, 3:40 PM
Case Information https://webapps.sftc.org/ci/CaseInfo.dll?CaseNum=CGC22601798&Ses...
Date Proceedings Document Fee
PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION
473 (B) AND OR SECTION 2033.300] AND/OR FOR ORDER SPECIALLY
SETTING MOTION FOR SHORTENED TIME (TRANSACTION ID #
71912735) FILED BY DEFENDANT CITY AND COUNTY OF SAN
FRANCISCO
2024-01-26 PROOF OF SERVICE BY ELECTRONIC MAIL AND BY MAIL View
(TRANSACTION ID # 71887180) FILED BY PLAINTIFF UNITEDLAYER,
LLC, A DELAWARE LIMITED LIABILITY COMPANY
2024-01-26 DECLARATION OF RENEE DE GOLIER IN SUPPORT OF EX PARTE View
APPLICATION FOR RECONSIDERATION RE: DISCOVERY ORDER
FROM JANUARY 18, 2024 [OR, IN THE ALTERNATIVE, FOR RELIEF
PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE 473(B)
AND-OR 2033.300]; AND-OR FOR ORDER SPECIALLY SETTING
MOTION FOR SHORTENED TIME (TRANSACTION ID # 71887180)
FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE LIMITED
LIABILITY COMPANY
2024-01-26 NOTICE RE: EX PARTE APPLICATION FOR RECONSIDERATION RE: View
DISCOVERY ORDER FROM JANUARY 18, 2024 [OR, IN THE
ALTERNATIVE, FOR RELIEF PURSUANT TO CALIFORNIA CODE OF
CIVIL PROCEDURE 473(B) AND-OR 2033.300]; AND-OR FOR ORDER
SPECIALLY SETTING MOTION FOR SHORTENED TIME
(TRANSACTION ID # 71887180) FILED BY PLAINTIFF UNITEDLAYER,
LLC, A DELAWARE LIMITED LIABILITY COMPANY
2024-01-26 EX PARTE APPLICATION FOR RECONSIDERATION RE: DISCOVERY View $60.00
ORDER FROM JANUARY 18, 2024 [OR, IN THE ALTERNATIVE, FOR
RELIEF PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE
473(B) AND-OR 2033.300]; AND-OR FOR ORDER SPECIALLY SETTING
MOTION FOR SHORTENED TIME (TRANSACTION ID # 71887180)
FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE LIMITED
LIABILITY COMPANY
2024-01-22 NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED View
(TRANSACTION ID # 71844948) FILED BY DEFENDANT CITY AND
COUNTY OF SAN FRANCISCO
2024-01-19 ORDER GRANTING CITY AND COUNTY OF SAN FRANCISCO'S View
MOTION TO COMPEL AND DEEM MATTERS
2024-01-18 DISCOVERY 302, HEARING ON DEFENDANT CITY AND COUNTY OF
SAN FRANCISCO'S MOTION TO COMPEL AND TO DEEM MATTERS
ADMITTED. THE MATTER IS DISCUSSED. UPON CONCLUSION OF
DISCUSSION, THE COURT ADOPTS ITS TENTATIVE RULING AS
FOLLOWS: THE MOTION IS GRANTED. ***SEE MINUTES FOR
COMPLETE RULING. THE PREVAILING PARTY IS REQUIRED TO
PREPARE A PROPOSED ORDER REPEATING VERBATIM THE
SUBSTANTIVE PORTION OF THE TENTATIVE RULING AND MUST E-
MAIL IT TO THE JUDGE PRO TEM AT MKAHN@GIBSONDUNN.COM.
JUDGE PRO TEM: MATTHEW KAHN. CLERK: R. WOODS. NOT
REPORTED. (302/JPT)
2024-01-18 MINI MINUTES FOR JAN-18-2024 09:00 AM FOR DEPT 302
2024-01-17 NOTICE OF MOTION FOR ORDER RE: RELIEF FROM WAIVER OF View $60.00
OBJECTIONS RE: MULTIPLE DISCOVERY SETS SERVED BY
DEFENDANT, CITY AND COUNTY OF SAN FRANCISCO
(TRANSACTION ID # 71823791) FILED BY PLAINTIFF UNITEDLAYER,
LLC, A DELAWARE LIMITED LIABILITY COMPANY HEARING SET FOR
FEB-20-2024 AT 09:00 AM IN DEPT 302
2023-12-29 MASTER COURT TRIAL CALENDAR SET FOR MAY-06-2024
CONTINUED TO MASTER CALENDAR COURT ON NOV-04-2024 AT
9:30 AM IN 206 PER EX PARTE ORDER FILED ON 12/29/23. (206)
2023-12-29 ORDER RE: EX PARTE APPLICATION TO CONTINUE TRIAL View
2023-12-28 PROOF OF SERVICE BY ELECTRONIC MAIL (TRANSACTION ID # View
71708736) FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE
LIMITED LIABILITY COMPANY
2023-12-28 DECLARATION OF RENEE DE GOLIER APPLICATON TO CONTINUE View
TRIAL [AN IN CONNECTION WITH NEW TRIAL DA (TRANSACTION ID #
3 of 6 2/27/2024, 3:40 PM
Case Information https://webapps.sftc.org/ci/CaseInfo.dll?CaseNum=CGC22601798&Ses...
Date Proceedings Document Fee
71708736) FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE
LIMITED LIABILITY COMPANY
2023-12-28 MEMORANDUM OF POINTS AND AUTHORITIES RE: STIPULATED EX View
PARTE APPLICATON TO CONTINUE TRIAL CONTINUANCE [AND ALL
TRIAL DISCOVERY DEADLINES IN CONNECTION WITH NEW TRIAL
DATE] (TRANSACTION ID # 71708736) FILED BY PLAINTIFF
UNITEDLAYER, LLC, A DELAWARE LIMITED LIABILITY COMPANY
2023-12-28 NOTICE OF MOTION RE: STIPULATED EX PARTE APPLICATON TO View $60.00
CONTINUE TRIAL [AND ALL TRIAL DISCOVERY DEADLINES IN
CONNECTION WITH NEW TRIAL DATE] (TRANSACTION ID # 71708736)
FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE LIMITED
LIABILITY COMPANY
2023-12-28 SUBSTITUTION OF ATTORNEY, (TRANSACTION ID # 71706376): DE View
GOLIER, RENEE R. SUBSTITUTED FOR PRO PER AS ATTORNEY FOR
UNITEDLAYER, LLC, A DELAWARE LIMITED LIABILITY COMPANY
2023-12-19 DISCOVERY 302, DEFENDANT CIT AND COUNTY OF SAN
FRANCISCO'S MOTION TO COMPEL AND TO DEEM MATTERS
ADMITTED (ADDED BACK TO CALENDAR PER AGREEMENT OF THE
PARTIES AND DUE TO A CLERICAL ERROR; EMAIL DATED 11/17/23).
THE MOTION IS CONTINUED BY 30 DAYS, 1/18/24 AT 9:00 A.M.
DISCOVERY DEPT. TO ALLOW PLAINTIFF TO FILE A MOTION FOR
RELIEF FROM WAIVER. FAILING A SUCCESSFUL MOTION FOR
RELIEF FROM WAIVER, THIS MOTION WILL LIKELY BE GRANTED.
JUDGE PRO TEM: JOHN PAUL DEOL, CLERK: M. GOODMAN, NOT
REPORTED. (302/JPT)
2023-12-19 MINI MINUTES FOR DEC-19-2023 09:00 AM FOR DEPT 302
2023-11-27 DISCOVERY 302, PLAINTIFF MARY CHIRICHELLA'S MOTION TO
COMPEL DEFENDANTS RESPONSES TO REQUESTS FOR
PRODUCTION OF DOCUMENTS, SET ONE, AND REQUEST FOR
SANCTIONS. CONTINUED TO DECEMBER 19, 2023, ON THE COURT'S
MOTION. (D.302)
2023-11-17 ADDED TO CALENDAR FOR DEFENDANT CIT AND COUNTY OF SAN
FRANCISCO'S MOTION TO COMPEL AND TO DEEM MATTERS
ADMITTED (ADDED BACK TO CALENDAR PER AGREEMENT OF THE
PARTIES AND DUE TO A CLERICAL ERROR; EMAIL DATED 11/17/23)
HEARING SET FOR NOV-27-2023 AT 09:00 AM IN DEPT 302
2023-11-17 DISCOVERY, 302, DEFENDANT CITY AND COUNTY OF SAN
FRANCISCO MOTION TO COMPEL AND TO DEEM MATTERS
ADMITTED. OFF CALENDAR PER REQUEST OF THE MOVING PARTY.
EMAIL DATED 11/16/23. (302/JPT)
2023-11-01 DISCOVERY 302, DEFENDANT CITY AND COUNTY OF SAN
FRANCISCO'S MOTION TO COMPEL AND TO DEEM MATTERS
ADMITTED. THE MATTER IS CONTINUED FOR 20 DAYS TO
NOVEMBER 20, 2023 AT 9:00 A.M. IN DISCOVERY DEPARTMENT.
JUDGE PRO TEM: TOM COHEN; CLERK: W. TRUPEK; NOT REPORTED
(302/JPT)
2023-11-01 MINI MINUTES FOR NOV-01-2023 09:00 AM FOR DEPT 302
2023-10-25 OPPOSITION TO CITY OF SAN FRANCISCO'S MOTION TO DEEM View
MATTERS ADMITTED AND DECLARATION OF RENEE DE GOLIER IN
SUPPORT THEREOF (TRANSACTION ID # 71195366) FILED BY
PLAINTIFF UNITEDLAYER, LLC, A DELAWARE LIMITED LIABILITY
COMPANY
2023-10-25 DECLARATION OF DAVID R. HOBSTETTER IN SUPPORT OF CITY AND View
COUNTY OF SAN FRANCISCO'S REPLY TO MOTION TO COMPEL AND
TO DEEM MATTERS ADMITTED (TRANSACTION ID # 71193702) FILED
BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO
2023-10-25 REPLY TO MOTION TO COMPEL AND TO DEEM MATTERS ADMITTED View
(TRANSACTION ID # 71193702) FILED BY DEFENDANT CITY AND
COUNTY OF SAN FRANCISCO
2023-09-29 DECLARATION OF DAVID R. HOBSTETTER IN SUPPORT OF THE CITY View
AND COUNTY OF SAN FRANCISCOS MOTION TO COMPEL AND TO
4 of 6 2/27/2024, 3:40 PM
Case Information https://webapps.sftc.org/ci/CaseInfo.dll?CaseNum=CGC22601798&Ses...
Date Proceedings Document Fee
DEEM MATTERS ADMITTED (TRANSACTION ID # 70994435) FILED BY
DEFENDANT CITY AND COUNTY OF SAN FRANCISCO
2023-09-29 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF View
MOTION TO COMPEL AND TO DEEM MATTERS ADMITTED
(TRANSACTION ID # 70994435) FILED BY DEFENDANT CITY AND
COUNTY OF SAN FRANCISCO
2023-09-29 MOTION TO COMPEL AND TO DEEM MATTERS ADMITTED View EXEMPT
(TRANSACTION ID # 70994435) FILED BY DEFENDANT CITY A
Preview
1 DAVID CHIU, State Bar #189542 City Attorney 2 ELAINE M. O’NEIL, State Bar #142234 ELECTRONICALLY Construction & Public Contracting Team Leader FILED 3 DAVID R. HOBSTETTER, State Bar #277344 Superior Court of California, County of San Francisco Deputy City Attorney 4 Fox Plaza 02/28/2024 1390 Market Street, 7th Floor Clerk of the Court BY: VERA MU 5 San Francisco, CA 94102-5408 Deputy Clerk Telephone: (415) 554-3981 6 Facsimile: (415) 255-0733 E-Mail: david.hobstetter@sfcityatty.org 7 8 Attorneys for Defendant CITY AND COUNTY OF SAN FRANCISCO 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SAN FRANCISCO 12 UNLIMITED JURISDICTION 13 UNITEDLAYER, LLC, a Delaware limited Case No. CGC-22-601798 liability company, 14 DECLARATION OF DAVID R. HOBSTETTER Plaintiff, IN SUPPORT OF CITY AND COUNTY OF 15 SAN FRANCISCO’S OPPOSITION TO vs. UNITEDLAYER, LLC’S MOTION FOR 16 ORDER RE: RELIEF PURSUANT TO CITY AND COUNTY OF SAN CALIFORNIA CODE OF CIVIL PROCEDURE 17 FRANCISCO, and DOES 1 through 10, § 2033.300; § 2033.280, § 473(b) AND §1008 [RE: inclusive, JANUARY 18, 2024 ORDER DEEMING 18 MATTERS ADMITTED & ORDER RE: Defendants. OBJECTIONS] 19 Hearing Date: March 12, 2024 20 Hearing Judge: Hon. Mathew S. Kahn Time: 9:00 A.M. 21 Dept.: 302 22 Date Action Filed: September 14, 2022 Trial Date: November 4, 2024 23 Attached Documents: Exs. A - I 24 25 26 27 28 1 Dec. of DRH in Opp to UL Mot. for Relief; Case No: CGC-22-601798 n:\constr\li2024\230190\01739794.docx 1 I, David R. Hobstetter, declare as follows: 2 1. I am an attorney admitted to practice law in the State of California and before this 3 Court. I am employed as a Deputy City Attorney with the Office of the City Attorney for the City and 4 County of San Francisco (“City” or “San Francisco”). I am counsel for San Francisco in the above- 5 captioned litigation. 6 2. The information contained in this declaration is true based on my own personal 7 knowledge unless state otherwise, and if called upon to do so, I could and would competently testify 8 thereto. 9 3. San Francisco propounded its first set of Requests for Admission, Special 10 Interrogatories, Form Interrogatories, and Requests for Production on May 11, 2023. 11 4. Attached as Exhibit A is a true and correct copy of email communications between me 12 and UnitedLayer’s Business Manager, Monish Salehittal. 13 5. San Francisco granted Plaintiff multiple extensions of the deadline to respond to the 14 written discovery requests, but due to, at the time, a calendared trial date of May 6, 2024, San 15 Francisco declined to extend the deadline beyond September 15, 2023. (See Ex. A.) 16 6. Plaintiff did not serve responses to San Francisco’s discovery requests by the 17 September 15, 2023, deadline. 18 7. Attached as Exhibit B is a true and correct copy of the Court’s Register of Actions for 19 this case. 20 8. Attached as Exhibit C is a true and correct copy of the Court’s January 18, 2024, order 21 granting the City’s motion to compel and to deem matter admitted. 22 9. On September 29, 2023, San Francisco filed its Motion to Compel and to Deem Matters 23 Admitted, requesting that the Court enter an order compelling responses without objection to San 24 Francisco’s first sets of Requests for Production (“RFPs”), Special Interrogatories (“SRogs”), and 25 Form Interrogatories (“FRogs”); and deeming admitted San Francisco’s Requests for Admission 26 (“RFAs”). (See Exs. B at 5 & C.) 27 10. San Francisco set a hearing date of November 1, 2023, for the motion. (See Ex. B at 5.) 28 2 Dec. of DRH in Opp to UL Mot. for Relief; Case No: CGC-22-601798 n:\constr\li2024\230190\01739794.docx 1 11. Plaintiff failed to file a timely opposition to the motion, and on October 25, 2023, San 2 Francisco filed its reply. (See Ex. B at 4.) 3 12. Subsequently, on October 25, 2023, Plaintiff filed a belated opposition to the motion. 4 (See Ex. B at 4.) 5 13. On November 1, 2023, the Court continued the motion hearing to November 20, 2023. 6 (See Ex. B at 4.) 7 14. On November 17, 2023, after a clerical error removed the motion from the hearing 8 calendar, the Court set the matter for a November 27, 2023, hearing. (See Ex. B at 4.) 9 15. On November 27, 2023, the Court continued the motion hearing to December 19, 2023. 10 (See Ex. B at 4.) 11 16. On December 19, 2023, the count continued the hearing to January 18, 2024, to allow 12 Plaintiff to file a motion to file a motion for relief from waiver. The Court’s order continuing the 13 hearing stated: “FAILING A SUCCESSFUL MOTION FOR RELIEF FROM WAIVER, THIS 14 MOTION WILL LIKELY BE GRANTED.” (See Ex. B at 4.) 15 17. Nearly a month later, on January 17, 2024, Plaintiff filed a motion for relief from its 16 waiver of discovery objections, setting a hearing date of February 20, 2024. (See Ex. B at 3.) 17 18. On January 17, 2024, the Court posted a tentative ruling granting the City’s September 18 29, 2023, Motion to Compel and to Deem Matters Admitted. Plaintiff failed to contest the tentative, 19 and on January 18, 2024, the Court adopted its tentative. (Ex. C.) 20 19. Attached as Exhibit D is a true and correct copy of the 2nd Appellate District’s 21 Appellate Court Case Information for Alfaro v. SCO, LLC, Case Number B326036, indicating that on 22 January 17, 2024, the Court heard argument from “1:41:42” until “2:15:05.” 23 20. On January 22, 2024, the City filed and served its Notice of Entry of Order for the 24 Court’s January 18, 2024, order. (See Ex. B at 3.) 25 21. On January 25, 2024, Plaintiff served responses to the City’s first sets of Requests for 26 Production of Documents (“RPD”), Special Interrogatories (“Special Rogs”), and Form Interrogatories 27 (“Form Rogs”). True and correct copies of Plaintiff’s responses are attached hereto as Exhibit E (RPD 28 responses), Exhibit F (Special Rogs responses), and Exhibit G (Form Rogs responses) Plaintiff’s 3 Dec. of DRH in Opp to UL Mot. for Relief; Case No: CGC-22-601798 n:\constr\li2024\230190\01739794.docx 1 responses contain objections, which is a direct violation of the Court’s January 18, 2024, order. Two 2 of Plaintiff’s RPD responses object, but do not respond, to the City’s request. 3 22. On January 31, 2024, Plaintiff appeared ex parte to present an application for 4 reconsideration of the Court’s January 18, 2024, order. A true and correct copy of Plaintiff’s Notice 5 Re: Ex Parte Application for Reconsideration Re: Discovery Order from January is attached hereto as 6 Exhibit H. Plaintiff’s January 31 ex parte application did not contest the portion of the Court’s 7 January 18 Order that directed Plaintiff to provide responses without objection. Rather, Plaintiff 8 requested that the court “strike portions of the related [January 19] Order as deeming matters admitted 9 . . . .” (Ex. H.) The Court denied the application on grounds that a motion or ex parte application for 10 reconsideration needs to be heard by the judicial officer who made the initial ruling. (See Ex. B at 2.) 11 23. On February 15, 2024, Plaintiff appeared ex parte to request relief from the Court’s 12 January 18, 2024, order; to request a stay of the effectiveness of the portion of the January 18 Order 13 instructing Plaintiff to provide responses without objection, and to request that the Court, in the 14 alternative, consider a motion on shortened time. A true and correct copy of Plaintiff’s Notice Re: 15 Plaintiff, UnitedLayer, LLC’s Ex Parte Application for Order Re: Relief Pursuant to California Code 16 of Civil Procedure § 2033.300 and/or § 473(b) is attached hereto as Exhibit I. The Court denied the 17 request and reiterated that the ex parte application for reconsideration needed to be heard by the 18 judicial officer who made the initial ruling. (See Ex. B at 2.) 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 4 Dec. of DRH in Opp to UL Mot. for Relief; Case No: CGC-22-601798 n:\constr\li2024\230190\01739794.docx 1 24. On February 20, 2024, the Court continued the hearing on Plaintiff’s January 17, 2024, 2 motion for relief from its waiver of discovery objections to March 12, 2024. The Court ordered: 3 ANY ORDER GRANTING THIS MOTION WOULD CREATE AN INCONSISTENCY WITH THE ORDER OF JANUARY 18, 2024. 4 UNDER CCP 1008, A MOTION FOR RECONSIDERATION MUST BE HEARD BY THE "SAME JUDGE." WHILE THIS IS NOT STYLED AS 5 A MOTION FOR RECONSIDERATION, IT WOULD HAVE THAT EFFECT. THEREFORE, THE BETTER APPROACH IS TO 6 CONTINUE THE PRESENT MOTION FOR RELIEF TO THE SAME JUDICIAL OFFICER WHO COULD RECONSIDER THE ORDER 7 COMPELLING RESPONSES. 8 (Ex. B at 1.) Plaintiff did not contest this order. 9 I declare under penalty of perjury under the laws of California that the foregoing is true and 10 correct, and that this declaration was executed in San Francisco, California on February 28, 2024. 11 12 13 14 DAVID R. HOBSTETTER 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Dec. of DRH in Opp to UL Mot. for Relief; Case No: CGC-22-601798 n:\constr\li2024\230190\01739794.docx PROOF OF SERVICE 1 I, Elena Benitez, declare as follows: 2 I am a citizen of the United States, over the age of eighteen years and not a party to the above- 3 entitled action. I am employed at the City Attorney’s Office of San Francisco, Fox Plaza Building, 1390 Market Street, Suite 401, San Francisco, CA 94102. 4 On February 28, 2024, I served the following document(s): 5 DECLARATION OF DAVID R. HOBSTETTER IN SUPPORT OF CITY AND COUNTY OF 6 SAN FRANCISCO’S OPPOSITION TO UNITEDLAYER, LLC’S MOTION FOR ORDER RE: RELIEF PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE § 2033.300; § 7 2033.280, § 473(b) AND §1008 [RE: JANUARY 18, 2024 ORDER DEEMING MATTERS ADMITTED & ORDER RE: OBJECTIONS] 8 on the following persons at the locations specified: 9 Renee De Golier, Esq. Attorneys for Plaintiff 10 Edward E. Sipes, Esq. UnitedLayer, LLC Glenda Austin 11 Christensen Hsu Sipes LLP 1629 Cravens Avenue 12 Torrance, CA 90501 310-222-8607 Tel / 310-222-8680 Fax 13 renee@chs.law ed@chs.law 14 glenda@chs.law 15 in the manner indicated below: 16 BY ELECTRONIC FILING: I electronically served the above referenced document(s) through File & 17 ServeXpress. E-Service in this action was completed on all parties listed on the service list with File & ServeXpress. This service complies with the Court's Local Rule 2.10 for allowance of documents to be 18 voluntarily filed and served upon interested parties via File & ServeXpress E-Service System. 19 I declare under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct. 20 Executed on February 28, 2024, at San Francisco, California. 21 22 23 24 ELENA BENITEZ 25 26 27 28 6 Dec. of DRH in Opp to UL Mot. for Relief; Case No: CGC-22-601798 n:\constr\li2024\230190\01739794.docx EXHIBIT A From: Monish Sharaschandra Salehittal To: Hobstetter, David (CAT) Subject: RE: Request for Extension to Respond to Discovery Request Date: Friday, September 29, 2023 1:16:40 PM Attachments: image011.png image013.png image014.png Hi David, I kindly request if you hold off on filing the Motion to Compel. Our attorney needs some time to finalize a revised retainer agreement to UnitedLayer and also file for substitution of attorney for this case. Regards, Monish From: Hobstetter, David (CAT) Sent: Thursday, September 28, 2023 3:49 PM To: Monish Sharaschandra Salehittal Subject: RE: Request for Extension to Respond to Discovery Request Dear Monish, I was unable to reach you on the phone. In light of the position of the case, the City cannot delay in moving forward with a motion to compel. However, while the City reserves the right to seek sanctions in the future for UnitedLayer’s failure to respond, the City will not request monetary sanctions through this motion. The parties can continue the meet and confer process over the coming weeks, and perhaps we can resolve the matter without it going to hearing. David R. Hobstetter (he/him) Deputy City Attorney Office of City Attorney David Chiu Construction and Public Contracting Team 1390 Market St., 4th Floor, San Francisco, CA 94102 (415) 554-3981 Direct CONFIDENTIALITY NOTICE: This communication and its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Hobstetter, David (CAT) Sent: Thursday, September 28, 2023 3:21 PM To: 'Monish Sharaschandra Salehittal' Subject: RE: Request for Extension to Respond to Discovery Request Dear Monish, The City has already granted extensions of over 3.5 months. You previously told me that UnitedLayer had retained counsel, and now it appears that UnitedLayer still has not in fact retained counsel. The City cannot further delay taking action to ensure that UnitedLayer responds to the City’s discovery requests. I will call you to follow up on this email. David R. Hobstetter (he/him) Deputy City Attorney Office of City Attorney David Chiu Construction and Public Contracting Team 1390 Market St., 4th Floor, San Francisco, CA 94102 (415) 554-3981 Direct CONFIDENTIALITY NOTICE: This communication and its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Monish Sharaschandra Salehittal Sent: Wednesday, September 27, 2023 11:30 PM To: Hobstetter, David (CAT) Subject: RE: Request for Extension to Respond to Discovery Request Hi David, There has been considerable discussion and negotiation in the process of selecting legal representation for UnitedLayer. We have now successfully chosen a lawyer for our side, and as we are in the process of finalizing our agreement with this new firm, our newly appointed attorney, Renee, will be contacting you by Friday, September 29th to initiate discussions regarding this case. I kindly request that you refrain from filing the motion at this moment. Regards, Monish From: Hobstetter, David (CAT) Sent: Wednesday, September 27, 2023 11:06 AM To: Monish Sharaschandra Salehittal Subject: RE: Request for Extension to Respond to Discovery Request Dear Monish, I assumed based on my prior email that new counsel for UnitedLayer would be reaching out to me. It has been over a week, and I have not heard from your attorney. I checked the court’s website, and a new attorney has not appeared for UnitedLayer. As a result, I am assuming UnitedLayer in fact has not finalized representation and I must contact you about UnitedLayer’s failure to respond to the City’s written discovery requests. Here, UnitedLayer has sued the City, and the case is schedule for trial on May 6, 2024. The City anticipates filing a motion for summary judgment, and the deadline for filing and serving that motion likely will fall 105 days before trial, meaning on or about January 22, 2024. UnitedLayer’s delays are prejudicing the City’s right to defend itself in this matter. The City propounded its written discover requests on May 11, 2023. On May 16, UnitedLayer’s prior attorney, Joshua Mino, requested an extension of the time to respond to the discovery requests, stating that he was withdrawing as counsel and that UnitedLayer needed more time to respond while it onboarded new counsel. The City granted a two-week extension in response to Mr. Mino’s request, and then through the parties’ stipulation to continue the trial date, the City granted an additional extension to 30 days from the date of the court’s entry of an order continuing the trial date. The City subsequently granted UnitedLayer an additional extension through August 24, 2023, due to UnitedLayer’s alleged “delays in finalizing legal representation to handle our case effectively.” On August 23, 2023, you wrote to me, stating “[o]ur efforts to secure legal representation for our case are still ongoing” and requesting an additional extension. I wrote in response on that same day: “The City grants an additional extension to September 15, 2023, for UnitedLayer to respond to the City’s written discovery requests. Due to the City’s anticipated need to prepare a motion for summary judgment, the City will not be willing to grant an additional extension.” It is now 12 days past the deadline for UnitedLayer to respond to the City’s discovery requests, and UnitedLayer has failed to respond or object to any of the requests. As a result, UnitedLayer is, among other things, subject to the waivers and sanctions set forth in California Code of Civil Procedure sections 2030.290 (interrogatories), 2031.300 (inspection of documents), and 2033.280 (requests for admission). I am providing notice that the City will file a motion to compel UnitedLayer to respond to the City’s discovery requests, for an order that the genuineness of any documents and the truth of any matters specified in the City’s requests for admission be deemed admitted, and for sanctions. To the extent UnitedLayer has not retained counsel, please contact me as soon as possible, and if UnitedLayer has retained counsel, please provide me with the contact information for UnitedLayer’s counsel so that I may forward this email to them and contact them about these discovery issues. David R. Hobstetter (he/him) Deputy City Attorney Office of City Attorney David Chiu Construction and Public Contracting Team 1390 Market St., 4th Floor, San Francisco, CA 94102 (415) 554-3981 Direct CONFIDENTIALITY NOTICE: This communication and its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Hobstetter, David (CAT) Sent: Monday, September 18, 2023 10:43 AM To: 'Monish Sharaschandra Salehittal' Subject: RE: Request for Extension to Respond to Discovery Request Dear Monish, Now that UnitedLayer has engaged counsel, I can communicate with UnitedLayer’s counsel only. David R. Hobstetter (he/him) Deputy City Attorney Office of City Attorney David Chiu Construction and Public Contracting Team 1390 Market St., 4th Floor, San Francisco, CA 94102 (415) 554-3981 Direct CONFIDENTIALITY NOTICE: This communication and its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Monish Sharaschandra Salehittal Sent: Thursday, September 14, 2023 2:05 PM To: Hobstetter, David (CAT) Subject: RE: Request for Extension to Respond to Discovery Request Hello David, We have recently engaged our attorney, who will start working on our case. However, he has requested a month's time to thoroughly understand the details of the case before providing a response to the written discovery. Consequently, we would like to request an additional 30 days to respond to the written discovery. Regards, Monish Salehittal Business Manager UnitedLayer LLC | Experience The Best Hybrid Cloud IaaS! https://www.unitedlayer.com Contact: +1 415 660 9756 Email: monish@unitedlayer.com From: Hobstetter, David (CAT) Sent: Wednesday, August 23, 2023 5:11 PM To: Monish Sharaschandra Salehittal Subject: RE: Request for Extension to Respond to Discovery Request Dear Monish, The City grants an additional extension to September 15, 2023, for UnitedLayer to respond to the City’s written discovery requests. Due to the City’s anticipated need to prepare a motion for summary judgment, the City will not be willing to grant an additional extension. David R. Hobstetter (he/him) Deputy City Attorney Office of City Attorney David Chiu Construction and Public Contracting Team 1390 Market St., 4th Floor, San Francisco, CA 94102 (415) 554-3981 Direct CONFIDENTIALITY NOTICE: This communication and its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Monish Sharaschandra Salehittal Sent: Wednesday, August 23, 2023 1:31 PM To: Hobstetter, David (CAT) Subject: RE: Request for Extension to Respond to Discovery Request Hello David, Our efforts to secure legal representation for our case are still ongoing. Would you please consider granting us an additional extension to provide a response to the discovery request? Regards, Monish Salehittal Business Manager UnitedLayer LLC | Experience The Best Hybrid Cloud IaaS! https://www.unitedlayer.com Contact: +1 415 660 9756 Email: monish@unitedlayer.com From: Monish Sharaschandra Salehittal Sent: Thursday, July 20, 2023 4:47 PM To: Hobstetter, David (CAT) Subject: RE: Request for Extension to Respond to Discovery Request Thank you David for granting the 30-day extension for our response to the City's written discovery requests. We appreciate the accommodation and shall provide our responses by 24th August. Yes, I will be the appropriate point of contact for UnitedLayer in this case as we seek to engage legal representation. Regards, Monish From: Hobstetter, David (CAT) Sent: Thursday, July 20, 2023 4:01 PM To: Monish Sharaschandra Salehittal Subject: Re: Request for Extension to Respond to Discovery Request Dear Monish, Yes, the City is willing to grant a 30 day extension to respond to the City’s written discovery requests. Are you the best contact in this case for UnitedLayer while UnitedLayer is representing itself? Also, please let me know if you retain counsel. Best, David David R. Hobstetter Deputy City Attorney Office of City Attorney David Chiu Construction and Public Contracting Team 1390 Market St., 4th Floor, San Francisco, CA 94102 Direct (415) 554-3981 CONFIDENTIALITY NOTICE: This communication and its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Monish Sharaschandra Salehittal Sent: Thursday, July 20, 2023 12:41:40 PM To: Hobstetter, David (CAT) Subject: Request for Extension to Respond to Discovery Request Hi David, I hope this email finds you well. I am writing on behalf of my company UnitedLayer LLC, in response to the discovery request you sent for the Case No. CGC-22-601798. Regrettably, we have encountered delays in finalizing legal representation to handle our case effectively. We understand the critical nature of responding to the discovery request appropriately, and we are actively working to engage an attorney to represent us in this matter. Given the circumstances, we kindly request an extension of 30 days to respond to the discovery requests. We assure you that we are diligently working to secure legal counsel as soon as possible so that we can provide comprehensive and timely responses. Thank you for your understanding and cooperation. We look forward to resolving this matter in an efficient and amicable manner. Regards, Monish Salehittal Business Manager UnitedLayer LLC | Experience The Best Hybrid Cloud IaaS! https://www.unitedlayer.com Contact: +1 415 660 9756 Email: monish@unitedlayer.com EXHIBIT B Case Information https://webapps.sftc.org/ci/CaseInfo.dll?CaseNum=CGC22601798&Ses... Contact Us Case Number: CGC22601798 Title: UNITEDLAYER, LLC, VS. CITY AND COUNTY OF SAN FRANCISCO ET AL Cause of Action: CONTRACT/WARRANTY Generated: 2024-02-27 3:38 pm Register of Actions Parties Attorneys Calendar Payments Documents Please Note: The "View" document links on this web page are valid until 3:48:27 pm After that, please refresh your web browser. (by pressing Command +R for Mac, pressing F5 for Windows or clicking the refresh button on your web browser) Register of Actions Show All entries Search: Date Proceedings Document Fee 2024-02-20 DISCOVERY 302, PLAINTIFF UNITEDLAYER, LLC'S MOTION FOR ORDER RE: RELIEF FROM WAIVER OF OBJECTIONS RE: MULTIPLE DISCOVERY SETS SERVED BY DEFENDANT, CITY AND COUNTY OF SAN FRANCISCO IS TO MARCH 12, 2024 AT 9:00 A.M. DEPT. 302 DISCOVERY FOR REHEARING BEFORE JPT MATTHEW KAHN. ANY ORDER GRANTING THIS MOTION WOULD CREATE AN INCONSISTENCY WITH THE ORDER OF JANUARY 18, 2024. UNDER CCP 1008, A MOTION FOR RECONSIDERATION MUST BE HEARD BY THE "SAME JUDGE." WHILE THIS IS NOT STYLED AS A MOTION FOR RECONSIDERATION, IT WOULD HAVE THAT EFFECT. THEREFORE, THE BETTER APPROACH IS TO CONTINUE THE PRESENT MOTION FOR RELIEF TO THE SAME JUDICIAL OFFICER WHO COULD RECONSIDER THE ORDER COMPELLING RESPONSES. JUDGE PRO TEM MATTHEW KAHN'S NEXT DATE TO PRESIDE IN DISCOVERY IS MARCH 12, 2024. JUDGE PRO TEM: SCOTT BORROWMAN; CLERK: W. TRUPEK; NOT REPORTED (302/JPT) 2024-02-20 MINI MINUTES FOR FEB-20-2024 09:00 AM FOR DEPT 302 2024-02-16 PROOF OF SERVICE OF MOTION FOR ORDER RE: RELIEF View PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE 2033.300; 2033.280, 473(B) AND 1008 [RE: JANUARY 18, 2024 ORDER DEEMING MATTERS ADMITTED & ORDER RE: OBJECTIONS]; NOTICE RE: PLAINTIFF, UNITEDLAYER, LLC'S MOTION FOR ORDER RE: RELIEF; AND DECLARATION OF RENEE DE GOLIER (TRANSACTION ID # 72070223) FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE LIMITED LIABILITY COMPANY 2024-02-16 DECLARATION OF RENEE DE GOLIER IN SUPPORT OF PLAINTIFF, View UNITEDLAYER, LLCS MOTION FOR ORDER RE: RELIEF PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE 2033.300 2033.280, 473(B) AND S 1008 [RE: JANUARY 18, 2024 ORDER DEEMING MATTERS ADMITTED ORDER RE OBJECTIONS] (TRANSACTION ID # 72070223) FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE LIMITED LIABILITY COMPANY 2024-02-16 MOTION FOR ORDER RE: RELIEF PURSUANT TO CALIFORNIA CODE View $60.00 OF CIVIL PROCEDURE 2033.300 2433.284, S 473(B) AND S 1008 [RE: JANUARY 8,2024 ORDER DEEMING MATTERS ADMITTED AND ORDER RE: OBJECTIONS] (TRANSACTION ID # 72070223) FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE LIMITED LIABILITY COMPANY HEARING SET FOR MAR-12-2024 AT 09:00 AM IN DEPT 302 2024-02-16 NOTICE RE PLAINTIFF. UNITEDLAYER, LLCS MOTION FOR ORDER RE View RELIEF PURSUANT TO CALIFORNIA CODE OF CIVI PROCEDURE 2033.300 2033.280, 473(B) AND 1008[RE JANUARY 18, 2024 ORDER DEEMING MATTERS ADMITTED AND ORDER RE: OBJECTIONS] (TRANSACTION ID # 72070223) FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE LIMITED LIABILITY COMPANY 1 of 6 2/27/2024, 3:40 PM Case Information https://webapps.sftc.org/ci/CaseInfo.dll?CaseNum=CGC22601798&Ses... Date Proceedings Document Fee 2024-02-15 REMARK: AS TO THE FEB-15-2024 EX PARTE HEARING RE: PLAINTIFF UNITEDLAYER, LLC'S EX PARTE APPLICATION FOR ORDER RE: RELIEF PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SEC. 2033.300 AND/OR SEC. 473(B) [RE: JANUARY 18, 2024 ORDER DEEMING MATTERS ADMITTED & OBJECTIONS]; AND/ OR FOR ORDER SPECIALLY SETTING MOTION FOR SHORTENED TIME, THE COURT DENIES THE EX PARTE APPLICATION AND REITERATES PLAINTIFF'S REQUEST MUST BE BROUGHT BEFORE JUDGE PRO TEM MATTHEW KAHN. THE COURT INFORMS PLAINTIFF THAT JUDGE PRO TEM KAHN IS SCHEDULED TO PRESIDE OVER THE MARCH 12, 2024 9:00 A.M. DISCOVERY CALENDAR, AND SO PLAINTIFF SHOULD FILE A REGULARLY-NOTICED MOTION FOR THAT DATE/CALENDAR. JUDGE: RICHARD B. ULMER JR.; CLERK: S. KANE; NOT REPORTED. (302/RBU) 2024-02-14 DECLARATION OF DAVID R HOBSTETTER IN OPPOSITION TO View PLAINTIFF UNITEDLAYER LLCS EX PARTE APPLICATION FOR ORDER RE RELIEF PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 2033.300 AND OR SECTION 473B RE JANUARY 18 2024 ORDER DEEMING MATTERS ADMITTED AND OBJECTIONS AND OR FOR ORDER SPECIALLY SETTING MOTION FOR SHORTENED TIME (TRANSACTION ID # 72043978) FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO 2024-02-14 OPPOSITION TO PLAINTIFF UNITEDLAYER LLCS EX PARTE View APPLICATION FOR ORDER RE RELIEF PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 2033.300 AND OR SECTION 473B RE JANUARY 18 2024 ORDER DEEMING MATTERS ADMITTED AND OBJECTIONS AND OR FOR ORDER SPECIALLY SETTING MOTION FOR SHORTENED TIME (TRANSACTION ID # 72043978) FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO 2024-02-13 NOTICE OF ELECTRONIC SERVICE (TRANSACTION ID # 72033442) View FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO 2024-02-13 EX PARTE APPLICATION FOR ORDER RE: RELIEF PURSUANT TO View $60.00 CALIFORNIA CODE OF CIVIL PROCEDURE 2033.300 AND OR 473(B) [RE: JANUARY 18, 2024 ORDER DEEMING MATTERS ADMITTED OBJECTIONS AND OR FOR ORDER SPECIALLY SETTING MOTION FOR SHORTENED TIME (TRANSACTION ID # 72027965) FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE LIMITED LIABILITY COMPANY 2024-02-05 DECLARATION OF DAVID HOBSTETTER IN SUPPORT OF CITY AND View COUNTY OF SAN FRANCISCOS OPPOSITION TO UNITEDLAYER LLC'S MOTION FOR ORDER RE RELIEF FROM WAIVER OF OBJECTIONS RE MULTIPLE DISCOVERY SETS SERVED BY CCSF (TRANSACTION ID # 71956795) FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO 2024-02-05 OPPOSITION TO UNITEDLAYER, LLCS MOTION FOR ORDER RE View RELIEF FROM WAIVER OF OBJECTIONS RE MULTIPLE DISCOVERY SETS SERVED BY CCSF (TRANSACTION ID # 71956795) FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO 2024-01-31 HERING HELD RE: EX PARTE APPLICATION FOR RECONSIDERATION RE: DISCOVERY ORDER FROM JANUARY 18, 2024 - DENIED. A MOTION/EX PARTE APPLICATION FOR RECONSIDERATION NEEDS TO BE HEARD BY THE JUDICIAL OFFICER WHO MAEKD THE INITAL RULING. MOTION FOR RECONSIDERTION BE NOTICED FOR HEARING WITH JPT: MATTHEW KAHN. 2024-01-30 DECLARATION OF DAVID R HOBSTETTER IN OPPOSITION TO View PLAINTIFF UNITEDLAYER LLC'S EX PARTE APPLICATION FOR RECONSIDERATION RE DISCOVERY ORDER FROM JANUARY 18 2024 [OR, IN THE ALTERNATIVE FOR RELIEF PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 473 (B) AND/OR SEC 2033.300] AND/OR FOR ORDER SPECIALLY SETTING MOTION FOR SHORTENED TIME (TRANSACTION ID # 71912735) FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO 2024-01-30 OPPOSITION TO PLAINTIFF UNITEDLAYER LLC'S EX PARTE View APPLICATION FOR RECONSIDERATION RE DISCOVERY ORDER FROM JANUARY 18, 2024 OR [IN THE ALTERNATIVE FOR RELIEF 2 of 6 2/27/2024, 3:40 PM Case Information https://webapps.sftc.org/ci/CaseInfo.dll?CaseNum=CGC22601798&Ses... Date Proceedings Document Fee PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 473 (B) AND OR SECTION 2033.300] AND/OR FOR ORDER SPECIALLY SETTING MOTION FOR SHORTENED TIME (TRANSACTION ID # 71912735) FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO 2024-01-26 PROOF OF SERVICE BY ELECTRONIC MAIL AND BY MAIL View (TRANSACTION ID # 71887180) FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE LIMITED LIABILITY COMPANY 2024-01-26 DECLARATION OF RENEE DE GOLIER IN SUPPORT OF EX PARTE View APPLICATION FOR RECONSIDERATION RE: DISCOVERY ORDER FROM JANUARY 18, 2024 [OR, IN THE ALTERNATIVE, FOR RELIEF PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE 473(B) AND-OR 2033.300]; AND-OR FOR ORDER SPECIALLY SETTING MOTION FOR SHORTENED TIME (TRANSACTION ID # 71887180) FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE LIMITED LIABILITY COMPANY 2024-01-26 NOTICE RE: EX PARTE APPLICATION FOR RECONSIDERATION RE: View DISCOVERY ORDER FROM JANUARY 18, 2024 [OR, IN THE ALTERNATIVE, FOR RELIEF PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE 473(B) AND-OR 2033.300]; AND-OR FOR ORDER SPECIALLY SETTING MOTION FOR SHORTENED TIME (TRANSACTION ID # 71887180) FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE LIMITED LIABILITY COMPANY 2024-01-26 EX PARTE APPLICATION FOR RECONSIDERATION RE: DISCOVERY View $60.00 ORDER FROM JANUARY 18, 2024 [OR, IN THE ALTERNATIVE, FOR RELIEF PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE 473(B) AND-OR 2033.300]; AND-OR FOR ORDER SPECIALLY SETTING MOTION FOR SHORTENED TIME (TRANSACTION ID # 71887180) FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE LIMITED LIABILITY COMPANY 2024-01-22 NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED View (TRANSACTION ID # 71844948) FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO 2024-01-19 ORDER GRANTING CITY AND COUNTY OF SAN FRANCISCO'S View MOTION TO COMPEL AND DEEM MATTERS 2024-01-18 DISCOVERY 302, HEARING ON DEFENDANT CITY AND COUNTY OF SAN FRANCISCO'S MOTION TO COMPEL AND TO DEEM MATTERS ADMITTED. THE MATTER IS DISCUSSED. UPON CONCLUSION OF DISCUSSION, THE COURT ADOPTS ITS TENTATIVE RULING AS FOLLOWS: THE MOTION IS GRANTED. ***SEE MINUTES FOR COMPLETE RULING. THE PREVAILING PARTY IS REQUIRED TO PREPARE A PROPOSED ORDER REPEATING VERBATIM THE SUBSTANTIVE PORTION OF THE TENTATIVE RULING AND MUST E- MAIL IT TO THE JUDGE PRO TEM AT MKAHN@GIBSONDUNN.COM. JUDGE PRO TEM: MATTHEW KAHN. CLERK: R. WOODS. NOT REPORTED. (302/JPT) 2024-01-18 MINI MINUTES FOR JAN-18-2024 09:00 AM FOR DEPT 302 2024-01-17 NOTICE OF MOTION FOR ORDER RE: RELIEF FROM WAIVER OF View $60.00 OBJECTIONS RE: MULTIPLE DISCOVERY SETS SERVED BY DEFENDANT, CITY AND COUNTY OF SAN FRANCISCO (TRANSACTION ID # 71823791) FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE LIMITED LIABILITY COMPANY HEARING SET FOR FEB-20-2024 AT 09:00 AM IN DEPT 302 2023-12-29 MASTER COURT TRIAL CALENDAR SET FOR MAY-06-2024 CONTINUED TO MASTER CALENDAR COURT ON NOV-04-2024 AT 9:30 AM IN 206 PER EX PARTE ORDER FILED ON 12/29/23. (206) 2023-12-29 ORDER RE: EX PARTE APPLICATION TO CONTINUE TRIAL View 2023-12-28 PROOF OF SERVICE BY ELECTRONIC MAIL (TRANSACTION ID # View 71708736) FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE LIMITED LIABILITY COMPANY 2023-12-28 DECLARATION OF RENEE DE GOLIER APPLICATON TO CONTINUE View TRIAL [AN IN CONNECTION WITH NEW TRIAL DA (TRANSACTION ID # 3 of 6 2/27/2024, 3:40 PM Case Information https://webapps.sftc.org/ci/CaseInfo.dll?CaseNum=CGC22601798&Ses... Date Proceedings Document Fee 71708736) FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE LIMITED LIABILITY COMPANY 2023-12-28 MEMORANDUM OF POINTS AND AUTHORITIES RE: STIPULATED EX View PARTE APPLICATON TO CONTINUE TRIAL CONTINUANCE [AND ALL TRIAL DISCOVERY DEADLINES IN CONNECTION WITH NEW TRIAL DATE] (TRANSACTION ID # 71708736) FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE LIMITED LIABILITY COMPANY 2023-12-28 NOTICE OF MOTION RE: STIPULATED EX PARTE APPLICATON TO View $60.00 CONTINUE TRIAL [AND ALL TRIAL DISCOVERY DEADLINES IN CONNECTION WITH NEW TRIAL DATE] (TRANSACTION ID # 71708736) FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE LIMITED LIABILITY COMPANY 2023-12-28 SUBSTITUTION OF ATTORNEY, (TRANSACTION ID # 71706376): DE View GOLIER, RENEE R. SUBSTITUTED FOR PRO PER AS ATTORNEY FOR UNITEDLAYER, LLC, A DELAWARE LIMITED LIABILITY COMPANY 2023-12-19 DISCOVERY 302, DEFENDANT CIT AND COUNTY OF SAN FRANCISCO'S MOTION TO COMPEL AND TO DEEM MATTERS ADMITTED (ADDED BACK TO CALENDAR PER AGREEMENT OF THE PARTIES AND DUE TO A CLERICAL ERROR; EMAIL DATED 11/17/23). THE MOTION IS CONTINUED BY 30 DAYS, 1/18/24 AT 9:00 A.M. DISCOVERY DEPT. TO ALLOW PLAINTIFF TO FILE A MOTION FOR RELIEF FROM WAIVER. FAILING A SUCCESSFUL MOTION FOR RELIEF FROM WAIVER, THIS MOTION WILL LIKELY BE GRANTED. JUDGE PRO TEM: JOHN PAUL DEOL, CLERK: M. GOODMAN, NOT REPORTED. (302/JPT) 2023-12-19 MINI MINUTES FOR DEC-19-2023 09:00 AM FOR DEPT 302 2023-11-27 DISCOVERY 302, PLAINTIFF MARY CHIRICHELLA'S MOTION TO COMPEL DEFENDANTS RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE, AND REQUEST FOR SANCTIONS. CONTINUED TO DECEMBER 19, 2023, ON THE COURT'S MOTION. (D.302) 2023-11-17 ADDED TO CALENDAR FOR DEFENDANT CIT AND COUNTY OF SAN FRANCISCO'S MOTION TO COMPEL AND TO DEEM MATTERS ADMITTED (ADDED BACK TO CALENDAR PER AGREEMENT OF THE PARTIES AND DUE TO A CLERICAL ERROR; EMAIL DATED 11/17/23) HEARING SET FOR NOV-27-2023 AT 09:00 AM IN DEPT 302 2023-11-17 DISCOVERY, 302, DEFENDANT CITY AND COUNTY OF SAN FRANCISCO MOTION TO COMPEL AND TO DEEM MATTERS ADMITTED. OFF CALENDAR PER REQUEST OF THE MOVING PARTY. EMAIL DATED 11/16/23. (302/JPT) 2023-11-01 DISCOVERY 302, DEFENDANT CITY AND COUNTY OF SAN FRANCISCO'S MOTION TO COMPEL AND TO DEEM MATTERS ADMITTED. THE MATTER IS CONTINUED FOR 20 DAYS TO NOVEMBER 20, 2023 AT 9:00 A.M. IN DISCOVERY DEPARTMENT. JUDGE PRO TEM: TOM COHEN; CLERK: W. TRUPEK; NOT REPORTED (302/JPT) 2023-11-01 MINI MINUTES FOR NOV-01-2023 09:00 AM FOR DEPT 302 2023-10-25 OPPOSITION TO CITY OF SAN FRANCISCO'S MOTION TO DEEM View MATTERS ADMITTED AND DECLARATION OF RENEE DE GOLIER IN SUPPORT THEREOF (TRANSACTION ID # 71195366) FILED BY PLAINTIFF UNITEDLAYER, LLC, A DELAWARE LIMITED LIABILITY COMPANY 2023-10-25 DECLARATION OF DAVID R. HOBSTETTER IN SUPPORT OF CITY AND View COUNTY OF SAN FRANCISCO'S REPLY TO MOTION TO COMPEL AND TO DEEM MATTERS ADMITTED (TRANSACTION ID # 71193702) FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO 2023-10-25 REPLY TO MOTION TO COMPEL AND TO DEEM MATTERS ADMITTED View (TRANSACTION ID # 71193702) FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO 2023-09-29 DECLARATION OF DAVID R. HOBSTETTER IN SUPPORT OF THE CITY View AND COUNTY OF SAN FRANCISCOS MOTION TO COMPEL AND TO 4 of 6 2/27/2024, 3:40 PM Case Information https://webapps.sftc.org/ci/CaseInfo.dll?CaseNum=CGC22601798&Ses... Date Proceedings Document Fee DEEM MATTERS ADMITTED (TRANSACTION ID # 70994435) FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO 2023-09-29 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF View MOTION TO COMPEL AND TO DEEM MATTERS ADMITTED (TRANSACTION ID # 70994435) FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO 2023-09-29 MOTION TO COMPEL AND TO DEEM MATTERS ADMITTED View EXEMPT (TRANSACTION ID # 70994435) FILED BY DEFENDANT CITY A