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Electronically Filed
1 JAMES T. HARRY, ESQ. – State Bar No. 244794 Superior Court of California
HARTSUYKER, STRATMAN & WILLIAMS-ABREGO County of San Joaquin
2 Mailing Address 2020-06-11 09:48:21
P.O. Box 258829 Clerk: Angela Constantino
3 Oklahoma City, OK 73125-8829
Physical Address Motion to Compel Answers to Interrogs.
4 10877 White Rock Road, Suite 350
Rancho Cordova, CA 95670 07/08/2020 09:00 AM in 10D
5 Phone: (916) 503-2777
Fax: (916) 503-2769
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Attorney for Defendant,
7 NEVIN SLEDGE
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9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF SAN JOAQUIN
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12 PREET KAMAL, SABREEN KAUR, KANWAR Case No.: STK-CV-UAT-2019-0004733
SINGH WALIA, AND SATVIR KAUR ATWAL, UNLIMITED JURISDICTION
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Plaintiffs, ASSIGNED FOR ALL PURPOSES: HON. BARBARA A.
14 KRONLUND
vs. DEPARTMENT: 10D
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NEVIN SLEDGE AND DOES 1 THROUGH 25, DEFENDANT’S NOTICE OF MOTION AND
16 INCLUSIVE , MOTION TO COMPEL ANSWERS TO
FORM INTERROGATORIES, SPECIAL
17 Defendants. INTERROGATORIES AND RESPONSE TO
REQUEST FOR PRODUCTION OF
18 DOCUMENTS; MEMORANDUM OF
POINTS AND AUTHORITIES; REQUEST
19 FOR REASONABLE SANCTIONS AND
ATTORNEYS’ FEES; DECLARATION OF
20 JAMES T. HARRY
21 DATE:
TIME:
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DEPT: 10D
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Complaint Filed: April 11, 2019
24 Trial Date: April 19, 2021
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TO PLAINTIFFS, PREET KAMAL, SABREEN KAUR, KANWAR SINGH WALIA, and SATVIR
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KAUR ATWAL AND THEIR ATTORNEY OF RECORD:
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DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL
INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND
AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 1
1 PLEASE TAKE NOTICE that on ____________________, 2020 at _____ am/pm, or as soon
2 thereafter as the matter may be heard in Department 10D of this court located at 180 E. Weber Ave.,
3 Stockton, CA 95202, Defendant, Nevin Sledge, will move this Court for the following Orders:
4 (1) Compelling Plaintiffs, PREET KAMAL, SABREEN KAUR, KANWAR SINGH WALIA,
5 and SATVIR KAUR ATWAL, to serve verified answers, without objection, to Form Interrogatories (Set
6 Number One), served on Plaintiffs on December 10, 2019, within twenty (20) days of the hearing of this
7 motion;
8 (2) Compelling Plaintiffs, PREET KAMAL, SABREEN KAUR, KANWAR SINGH WALIA,
9 and SATVIR KAUR ATWAL, to serve verified answers, without objection, to Special Interrogatories
10 (Set Number One), served on Plaintiffs on December 10, 2019, within twenty (20) days of the hearing of
11 this motion;
12 (3) Compelling Plaintiffs, PREET KAMAL, SABREEN KAUR, KANWAR SINGH WALIA,
13 and SATVIR KAUR ATWAL, to serve verified responses, without objection, to Demand for Production
14 (Set Number One), served on Plaintiffs on December 10, 2019, within twenty (20) days of the hearing of
15 this motion; and
16 (4) For monetary sanctions, including attorneys’ fees and costs incurred in making and
17 appearing on this Motion, in the sum of $585.00, against Plaintiffs, PREET KAMAL, SABREEN
18 KAUR, KANWAR SINGH WALIA, and SATVIR KAUR ATWAL, within twenty (20) days of the
19 hearing of this motion.
20 Defendant’s motion is made pursuant to California Code of Civil Procedure §§ 2030.290, et seq.
21 [interrogatories], and 2031.300, et seq. [demand for production], on the ground that Plaintiffs have
22 willfully refused to comply with their discovery obligations.
23 This motion will be based on this Notice of Motion, the attached Memorandum of Points and
24 Authorities, Declaration of James T. Harry, the papers and records on file herein, and on such oral and
25 documentary evidence as may be presented at the hearing of the Motion.
26 Pursuant to Local Rule 3-113: The tentative ruling shall become the
ruling of the court unless there is opposition by counsel or SRL.
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Counsel or self-represented litigants is responsible for reviewing the
28 tentative ruling and notifying the superior court, by calling (209) 992-
DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL
INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND
AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 2
1 5693, and all other counsel and self-represented litigants no later than
4:00 p.m. on the day preceding the scheduled hearing of his or her
2
intent to appear to argue. (Eff. 01/01/03)
3 The tentative rulings will be posted to the court‘s website:
www.sjcourts.org. Counsel or self-represented litigants may access the
4 court‘s website beginning at 1:30 p.m. on the court day immediately
preceding the date for which a matter is calendared.
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8 HARTSUYKER, STRATMAN & WILLIAMS-
DATED: March 17. 2020
ABREGO
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BY:
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JAMES T. HARRY, ESQ.
Attorney for Defendant,
13 NEVIN SLEDGE
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DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL
INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND
AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 3
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3 INTRODUCTION
4 This case arises from a motor vehicle incident which occurred between the parties on April 16,
5 2017 on I-5 northbound, 1 mile south of Turner Road. Plaintiffs claim injuries and damages as a result
6 of the incident and filed their lawsuit on April 11, 2019.
7 On December 10, 2019, Defendant served Form Interrogatories (Set Number One), Special
8 Interrogatories (Set Number One), and Demand for Production (Set Number One) upon Plaintiffs,
9 PREET KAMAL, SABREEN KAUR, KANWAR SINGH WALIA, and SATVIR KAUR ATWAL, by
10 and through their attorney of record. (See Exhibits “A,” “B,” and “C.”)
11 Defense counsel granted two separate two-week discovery extensions to plaintiffs’ counsel. The
12 first request granted an extension until January 28, 2020. The second request granted an extension until
13 February 11, 2020. Despite these two discovery extensions, Plaintiffs have failed to provide their
14 responses. (See Exhibit “D.”)
15 On February 19, 2020, having received no verified answers, defense counsel wrote to Plaintiffs’
16 counsel stating that answers to written discovery, including Form Interrogatories, Special
17 Interrogatories, and Demand for Production, were overdue and requesting verified answers. (See
18 Exhibit “E.”)
19 To date, defense counsel has not received Plaintiffs’ verified answers to Form Interrogatories,
20 Special Interrogatories, and Demand for Production.
21 Defendant, Nevin Sledge, respectfully requests the Court to grant this Motion to Compel
22 Answers to Form Interrogatories (Set Number One), Answers to Special Interrogatories (Set Number
23 One), and Responses to Demand for Production (Set Number One), and Request for Reasonable
24 Sanctions and Attorneys’ Fees.
25 II.
26 DEFENDANTS ARE ENTITLED TO DISCOVERY
27 California Code of Civil Procedure § 2017.010 provides that a party may obtain discovery
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DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL
INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND
AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 4
1 regarding matters relevant to the pending action.
2 a. Interrogatories.
3 “A Defendant may propound interrogatories to a party to the action without leave of court at any
4 time.” California Code of Civil Procedure § 2030.020(a).
5 b. Demand for Production.
6 “Any party may obtain discovery … by inspecting documents, tangible things … that are in the
7 possession, custody, or control of any other party to the action.” California Code of Civil Procedure §
8 2031.010.
9 “A Defendant may make a demand for inspection without leave of the court at any time.”
10 California Code of Civil Procedure § 2031.020(a).
11 In this case, Defendant propounded Form Interrogatories, Special Interrogatories, and Demand
12 for Production, upon Plaintiffs to learn more about the nature and extent of Plaintiffs’ claims in this
13 action, which information is relevant to this case.
14 III.
15 A COURT MAY COMPEL COMPLIANCE WITH A DISCOVERY REQUEST
16 a. Interrogatories.
17 If a party fails to respond to discovery, the propounding party’s remedy is to seek a court order
18 compelling answers to the interrogatories. California Code of Civil Procedure §§ 2030.290(b). The
19 moving party is required to show that a set of interrogatories was properly served, the time to respond
20 has expired, and no response of any kind was served. Leach v. Superior Court (1980) 111 Cal.App.3d
21 902, 905-06. In addition, the moving party is not required to attempt to resolve a discovery dispute
22 informally, where no response was served within the statutory time limit. Leach v. Superior Court,
23 supra, 111 Cal.App.3d at p. 906.
24 Pursuant to California Code of Civil Procedure § 2030.260(a), answers to interrogatories are due
25 thirty (30) days after service. In failing to respond to the interrogatories within the statutory time, the
26 untimely party waives most objections to interrogatories, including claims of privilege and work product
27 protection. California Code of Civil Procedure § 2030.290(a); Leach v. Superior Court, supra, 111
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DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL
INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND
AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 5
1 Cal.App.3d at pp. 905-06.
2 b. Demand for Production.
3 If a party fails to respond to discovery, the propounding party’s remedy is to seek a court order
4 compelling responses to the demand for production. California Code of Civil Procedure § 2031.300(b).
5 Pursuant to California Code of Civil Procedure § 2031.260(a), responses to demands for
6 production are due thirty (30) days after service. In failing to respond to the demand for production
7 within the statutory time, the untimely party waives any objection to the demand, including claims of
8 privilege and work product protection. California Code of Civil Procedure § 2031.300(a).
9 In this case, Defendant served a set of Form Interrogatories, Special Interrogatories, and Demand
10 for Production upon Plaintiffs, by and through their attorney, on December 10, 2019. Plaintiffs’
11 counsel was granted two separate two-week discovery extensions, with the second extension making
12 responses due February 11, 2020. More than thirty days have passed since this service date, and
13 Plaintiffs, to date, despite the multiple discovery extensions, have failed to serve any responses to the
14 Interrogatories, and the Demand for Production. Defense counsel corresponded with Plaintiffs’ counsel
15 on February 19, 2020, seeking Plaintiffs’ overdue discovery responses, in a good faith attempt at
16 resolving this discovery dispute, without court intervention.
17 Since Plaintiffs have failed to serve their verified answers and responses, Plaintiffs have waived
18 their objections. Thus, Defendant respectfully requests that this Court order Plaintiffs to provide: (a)
19 verified answers, without objection, to the Form Interrogatories, within twenty (20) days of the hearing
20 of this Motion; (b) verified answers, without objection, to the Special Interrogatories, within twenty (20)
21 days of the hearing of this Motion; and, (c) verified responses, without objection, to the Demand for
22 Production, within twenty (20) days of the hearing of this Motion.
23 IV.
24 THE COURT SHALL IMPOSE SANCTIONS FOR PLAINTIFF’S
25 FAILURE TO COMPLY WITH WRITTEN DISCOVERY
26 “Failing to respond or submit to an authorized discovery method” is a misuse of the discovery
27 process, for which sanctions may be imposed. California Code of Civil Procedure § 2023.010(d).
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DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL
INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND
AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 6
1 a. Interrogatories.
2 The Court shall impose sanctions against the a party who unsuccessfully makes or opposes a
3 motion to compel answers to interrogatories, unless it finds that party acted with “substantial
4 justification” or other circumstances render sanctions “unjust.” California Code of Civil Procedure
5 §2030.290 (c).
6 b. Demand for Production.
7 The Court shall impose sanctions against the a party who unsuccessfully makes or opposes a
8 motion to compel responses to demands for production, unless it finds that party acted with “substantial
9 justification” or other circumstances render sanctions “unjust.” California Code of Civil Procedure §
10 2031.300 (c).
11 The imposition of sanctions in this case would be just. Plaintiffs were served with Form
12 Interrogatories (Set Number One), Special Interrogatories (Set Number One), and Demand for
13 Production (Set Number One), on December 10, 2019. Plaintiffs’ counsel was granted two separate
14 two-week discovery extensions, with the second extension making responses due February 11, 2020.
15 When Plaintiffs failed to respond to the interrogatories and production requests, as required, despite the
16 multiple discovery extensions, defense counsel corresponded with Plaintiff’s counsel on February 19,
17 2020, requesting the overdue answers to Form Interrogatories, Special Interrogatories, and Demand for
18 Production. Despite this correspondence, Plaintiffs have still refused to provide the answers, and
19 production responses.
20 According to the Declaration of James T. Harry, preparation of the moving papers took
21 approximately one hour, and it is estimated that reviewing any opposition, preparing the reply and
22 appearing at the hearing of this motion will consume an additional two hours, including travel time. The
23 customary hourly fee for attorneys in this office is $175.00 per hour. The filing fee for the motion is
24 $60.00. Sanctions and attorneys’ fees in the amount of $585.00 are therefore reasonable.
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DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL
INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND
AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 7
1 V.
2 CONCLUSION
3 Based upon Plaintiffs, PREET KAMAL, SABREEN KAUR, KANWAR SINGH WALIA, and
4 SATVIR KAUR ATWAL’s refusal to provide Answers to Form Interrogatories, Answers to Special
5 Interrogatories, and Responses to Demand for Production, the Court is respectfully requested to order:
6 (1) Plaintiffs, PREET KAMAL, SABREEN KAUR, KANWAR SINGH WALIA, and SATVIR
7 KAUR ATWAL, to serve verified Answers, without objection, to the subject Form Interrogatories (Set
8 Number One) within twenty (20) days from the hearing of this motion;
9 (2) Plaintiffs, PREET KAMAL, SABREEN KAUR, KANWAR SINGH WALIA, and SATVIR
10 KAUR ATWAL, to serve verified Answers, without objection, to the subject Special Interrogatories (Set
11 Number One) within twenty (20) days from the hearing of this motion;
12 (3) Plaintiffs, PREET KAMAL, SABREEN KAUR, KANWAR SINGH WALIA, and SATVIR
13 KAUR ATWAL, to serve verified Responses, without objection, to the subject Demand for Production
14 (Set Number One) within twenty (20) days from the hearing of this motion; and
15 (4) Plaintiffs, PREET KAMAL, SABREEN KAUR, KANWAR SINGH WALIA, and SATVIR
16 KAUR ATWAL, to pay sanctions and attorneys’ fees to Defendant in the amount of $585.00 within
17 twenty (20) days of the date of the hearing of this Motion.
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19 HARTSUYKER, STRATMAN & WILLIAMS-
DATED: March 17, 2020
ABREGO
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BY:
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JAMES T. HARRY, ESQ.
24 Attorney for Defendant,
NEVIN SLEDGE
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DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL
INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND
AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 8
1 DECLARATION OF JAMES T. HARRY
2 I, JAMES T. HARRY, declare:
3 1. I am an attorney at law, duly licensed to practice in all Courts of the State of California, and
4 am a member of the law offices of HARTSUYKER, STRATMAN & WILLIAMS-ABREGO, attorneys
5 of record for Defendant, Nevin Sledge, in the above-entitled matter. I am an employee of the Claims
6 Litigation Department, Farmers Insurance Exchange and Affiliates, Not a Partnership.
7 2. I am the attorney assigned with the responsibility for the file on this matter, and have
8 thoroughly reviewed its contents and am personally familiar with each of the facts set forth herein. If
9 called as a witness, I could and would competently testify concerning the following matters:
10 3. On December 10, 2019, Form Interrogatories (Set Number One) was served on Plaintiff, by
11 and through their attorney of record. A true and correct copy of said Form Interrogatories is attached
12 hereto as Exhibit “A.”
13 4. On December 10, 2019, Special Interrogatories (Set Number One) was served on Plaintiff, by
14 and through their attorney of record. A true and correct copy of said Special Interrogatories is attached
15 hereto as Exhibit “B.”
16 5. On December 10, 2019, Demand for Production (Set Number One) was served on Plaintiff,
17 by and through their attorney of record. A true and correct copy of said Demand for Production is
18 attached hereto as Exhibit “C.”
19 6. Defense counsel granted two separate two-week discovery extensions and one single week
20 extension to plaintiffs’ counsel. The first request granted an extension until January 28, 2020. The
21 second request granted an extension until February 11, 2020. The third was until February 28, 2020.
22 Despite these three discovery extensions, Plaintiffs have failed to provide their responses. A true and
23 correct copy of said correspondence is attached hereto as Exhibit “D.”
24 7. On February 19, 2020, I sent a letter to Plaintiffs’ counsel requesting that verified answers to
25 discovery be provided. A true and correct copy of said correspondence is attached hereto as Exhibit
26 “E.”
27 8. To date, I have not received Plaintiffs’ verified answers to Form Interrogatories, and Special
28 Interrogatories.
DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL
INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND
AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 9
1 9. To date, I have not received Plaintiffs’ verified responses to Demand for Production.
2 10. The preparation of the moving papers took approximately one hour, and it is estimated that
3 reviewing any opposition, preparing the reply and appearing at the hearing of this motion will consume
4 an additional two hours, including travel time. The customary hourly fee for attorneys in this office is
5 $175.00 per hour. The filing fee for the motion is $60.00. Sanctions and attorneys’ fees in the amount
6 of $585.00 are therefore reasonable.
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8 I declare under penalty of perjury under the laws of the State of California that the foregoing is
9 true and correct. Executed this 17th day of March, 2020, at Rancho Cordova, CA.
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13 ________________________________________
JAMES T. HARRY, Declarant
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DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL
INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND
AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 10
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E
Fred G. Wiesner Law Offices of Cameron L. Cobden
James T. Harry Managing Attorney
Julia V. Islas HARTSUYKER, STRATMAN & (916) 503-2788
Keith R. Pawloski WILLIAMS-ABREGO
Anders R. Morrison Not a Partnership
Abigail T. Anderson Employees of Farmers Insurance Exchange,
Leslie A. Romeo a Member of the Farmers Insurance Group of Companies
Mark Saakian
Mailing Address Physical Address
PO BOX 258829 10877 White Rock Road, Suite 350
Oklahoma City, OK 73125-8829 Rancho Cordova, CA 95670
Telephone (916) 503-2777
www.farmersclaimslitigation.com
Please Reference Our File # in Your Correspondence
Documents Can be Sent to legaldocs@farmers.com
February 19, 2020
Amar Shergill
Shergill Law Firm
1104 Corporate Way, Suite 101
Sacramento, CA 95831
Fax No.: (916) 564-2764
Re: Kamal, et al. v. Sledge, et al.
Case No.: STK-CV-UAT-2019-0004733
Date of Loss: April 16, 2017
Our File No.: 19-554178
Dear Amar:
Written discovery including Form Interrogatories, Special Interrogatories and Demand for
Production of Documents was served on 12/10/2019. Our office has granted two extensions to
respond. To date, we have not received your client’s verified responses, nor have any further
extensions of time within which to respond been requested or granted.
It is my hope to avoid the necessity of court intervention. Please provide responses to the
discovery within the next 10 days. If you have any concerns with this timetable, please just let
me know. Call or email me if you want to discuss the discovery.
Thank you for your cooperation and attention to this matter.
Sincerely,
James T. Harry
Direct Line: (916) 503-2750
Cell: (916) 671-4624
Email: james.harry@farmersinsurance.com
OAKLAND * SACRAMENTO * SAN JOSE * SANTA ROSA * FRESNO * VENTURA
LOS ANGELES * SANTA ANA * SAN BERNARDINO * SAN DIEGO
1 Re: Kamal, et al. v. Sledge, et al.
Case Number: STK-CV-UAT-2019-0004733
2
3 PROOF OF SERVICE
Code of Civil Procedure §§ 1013a, 2015.5
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I am a resident of the State of California and over the age of eighteen years, and not a party to the
5 within action. My business address is 10877 White Rock Road, Suite 350, Rancho Cordova, CA
95670. On March ___, 2020, I served the following document(s):
6
DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO
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FORM INTERROGATORIES, SPECIAL INTERROGATORIES AND RESPONSE TO
REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND
8 AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES;
DECLARATION OF JAMES T. HARRY
9 By placing the document(s) listed above in a sealed envelope, addressed as set forth
10
below, and placing the envelope for collection and mailing in the place designated for
such in our offices, following ordinary business practices.
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By transmitting via facsimile the document(s) listed above to the fax number(s) set
12 forth below on this date before 5:00 p.m.
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By causing a true copy thereof to be personally delivered to the person(s) at the
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address(es) set forth below.
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By electronically serving the document(s) described above via a Court approved File
16 & Serve vendor on those recipients designated on the Transaction Receipt located on
the vendor’s Website.
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18 By electronically serving the document(s) to the electronic mail address set forth
below on this date before 5:00 p.m. pursuant to the signed stipulation of the parties
19 X and consistent with Code of Civil Procedure section 1010.6(a)(2).
SEE ATTACHED SERVICE LIST
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I am readily familiar with the firm’s practice of collection and processing correspondence for
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mailing with the United States Postal Service. Under that practice, it would be deposited with U.S.
22 Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I
am aware that on motion of the party served, service is presumed invalid if postal cancellation date or
23 postage meter date is more than one day after date of deposit for mailing in affidavit.
24 I declare under penalty of perjury under the laws of the State of California that the above is true
and correct.
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Executed on March ___, 2020, at Rancho Cordova, California.
26
Adrianna DiNardo
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DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL
INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND
AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 11
1 Re: Kamal, et al. v. Sledge, et al.
Case Number: STK-CV-UAT-2019-0004733
2
3 SERVICE LIST
4 Amar Shergill
Shergill Law Firm
5 1104 Corporate Way, Suite 101
Sacramento, CA 95831
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Attorney for Plaintiffs, Preet Kamal, Sabreen Kaur, Kanwar Singh Walia, and Satvir Kaur Atwal
7 Phone: (916) 564-5781
Fax: (916) 564-2764
8 amar@shergilllawfirm.com
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DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL
INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND
AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 12
Preview
Electronically Filed 1 JAMES T. HARRY, ESQ. – State Bar No. 244794 Superior Court of California HARTSUYKER, STRATMAN & WILLIAMS-ABREGO County of San Joaquin 2 Mailing Address 2020-06-11 09:48:21 P.O. Box 258829 Clerk: Angela Constantino 3 Oklahoma City, OK 73125-8829 Physical Address Motion to Compel Answers to Interrogs. 4 10877 White Rock Road, Suite 350 Rancho Cordova, CA 95670 07/08/2020 09:00 AM in 10D 5 Phone: (916) 503-2777 Fax: (916) 503-2769 6 Attorney for Defendant, 7 NEVIN SLEDGE 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SAN JOAQUIN 11 12 PREET KAMAL, SABREEN KAUR, KANWAR Case No.: STK-CV-UAT-2019-0004733 SINGH WALIA, AND SATVIR KAUR ATWAL, UNLIMITED JURISDICTION 13 Plaintiffs, ASSIGNED FOR ALL PURPOSES: HON. BARBARA A. 14 KRONLUND vs. DEPARTMENT: 10D 15 NEVIN SLEDGE AND DOES 1 THROUGH 25, DEFENDANT’S NOTICE OF MOTION AND 16 INCLUSIVE , MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL 17 Defendants. INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF 18 DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST 19 FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF 20 JAMES T. HARRY 21 DATE: TIME: 22 DEPT: 10D 23 Complaint Filed: April 11, 2019 24 Trial Date: April 19, 2021 25 TO PLAINTIFFS, PREET KAMAL, SABREEN KAUR, KANWAR SINGH WALIA, and SATVIR 26 KAUR ATWAL AND THEIR ATTORNEY OF RECORD: 27 28 DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 1 1 PLEASE TAKE NOTICE that on ____________________, 2020 at _____ am/pm, or as soon 2 thereafter as the matter may be heard in Department 10D of this court located at 180 E. Weber Ave., 3 Stockton, CA 95202, Defendant, Nevin Sledge, will move this Court for the following Orders: 4 (1) Compelling Plaintiffs, PREET KAMAL, SABREEN KAUR, KANWAR SINGH WALIA, 5 and SATVIR KAUR ATWAL, to serve verified answers, without objection, to Form Interrogatories (Set 6 Number One), served on Plaintiffs on December 10, 2019, within twenty (20) days of the hearing of this 7 motion; 8 (2) Compelling Plaintiffs, PREET KAMAL, SABREEN KAUR, KANWAR SINGH WALIA, 9 and SATVIR KAUR ATWAL, to serve verified answers, without objection, to Special Interrogatories 10 (Set Number One), served on Plaintiffs on December 10, 2019, within twenty (20) days of the hearing of 11 this motion; 12 (3) Compelling Plaintiffs, PREET KAMAL, SABREEN KAUR, KANWAR SINGH WALIA, 13 and SATVIR KAUR ATWAL, to serve verified responses, without objection, to Demand for Production 14 (Set Number One), served on Plaintiffs on December 10, 2019, within twenty (20) days of the hearing of 15 this motion; and 16 (4) For monetary sanctions, including attorneys’ fees and costs incurred in making and 17 appearing on this Motion, in the sum of $585.00, against Plaintiffs, PREET KAMAL, SABREEN 18 KAUR, KANWAR SINGH WALIA, and SATVIR KAUR ATWAL, within twenty (20) days of the 19 hearing of this motion. 20 Defendant’s motion is made pursuant to California Code of Civil Procedure §§ 2030.290, et seq. 21 [interrogatories], and 2031.300, et seq. [demand for production], on the ground that Plaintiffs have 22 willfully refused to comply with their discovery obligations. 23 This motion will be based on this Notice of Motion, the attached Memorandum of Points and 24 Authorities, Declaration of James T. Harry, the papers and records on file herein, and on such oral and 25 documentary evidence as may be presented at the hearing of the Motion. 26 Pursuant to Local Rule 3-113: The tentative ruling shall become the ruling of the court unless there is opposition by counsel or SRL. 27 Counsel or self-represented litigants is responsible for reviewing the 28 tentative ruling and notifying the superior court, by calling (209) 992- DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 2 1 5693, and all other counsel and self-represented litigants no later than 4:00 p.m. on the day preceding the scheduled hearing of his or her 2 intent to appear to argue. (Eff. 01/01/03) 3 The tentative rulings will be posted to the court‘s website: www.sjcourts.org. Counsel or self-represented litigants may access the 4 court‘s website beginning at 1:30 p.m. on the court day immediately preceding the date for which a matter is calendared. 5 6 7 8 HARTSUYKER, STRATMAN & WILLIAMS- DATED: March 17. 2020 ABREGO 9 10 BY: 11 12 JAMES T. HARRY, ESQ. Attorney for Defendant, 13 NEVIN SLEDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 3 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 I. 3 INTRODUCTION 4 This case arises from a motor vehicle incident which occurred between the parties on April 16, 5 2017 on I-5 northbound, 1 mile south of Turner Road. Plaintiffs claim injuries and damages as a result 6 of the incident and filed their lawsuit on April 11, 2019. 7 On December 10, 2019, Defendant served Form Interrogatories (Set Number One), Special 8 Interrogatories (Set Number One), and Demand for Production (Set Number One) upon Plaintiffs, 9 PREET KAMAL, SABREEN KAUR, KANWAR SINGH WALIA, and SATVIR KAUR ATWAL, by 10 and through their attorney of record. (See Exhibits “A,” “B,” and “C.”) 11 Defense counsel granted two separate two-week discovery extensions to plaintiffs’ counsel. The 12 first request granted an extension until January 28, 2020. The second request granted an extension until 13 February 11, 2020. Despite these two discovery extensions, Plaintiffs have failed to provide their 14 responses. (See Exhibit “D.”) 15 On February 19, 2020, having received no verified answers, defense counsel wrote to Plaintiffs’ 16 counsel stating that answers to written discovery, including Form Interrogatories, Special 17 Interrogatories, and Demand for Production, were overdue and requesting verified answers. (See 18 Exhibit “E.”) 19 To date, defense counsel has not received Plaintiffs’ verified answers to Form Interrogatories, 20 Special Interrogatories, and Demand for Production. 21 Defendant, Nevin Sledge, respectfully requests the Court to grant this Motion to Compel 22 Answers to Form Interrogatories (Set Number One), Answers to Special Interrogatories (Set Number 23 One), and Responses to Demand for Production (Set Number One), and Request for Reasonable 24 Sanctions and Attorneys’ Fees. 25 II. 26 DEFENDANTS ARE ENTITLED TO DISCOVERY 27 California Code of Civil Procedure § 2017.010 provides that a party may obtain discovery 28 DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 4 1 regarding matters relevant to the pending action. 2 a. Interrogatories. 3 “A Defendant may propound interrogatories to a party to the action without leave of court at any 4 time.” California Code of Civil Procedure § 2030.020(a). 5 b. Demand for Production. 6 “Any party may obtain discovery … by inspecting documents, tangible things … that are in the 7 possession, custody, or control of any other party to the action.” California Code of Civil Procedure § 8 2031.010. 9 “A Defendant may make a demand for inspection without leave of the court at any time.” 10 California Code of Civil Procedure § 2031.020(a). 11 In this case, Defendant propounded Form Interrogatories, Special Interrogatories, and Demand 12 for Production, upon Plaintiffs to learn more about the nature and extent of Plaintiffs’ claims in this 13 action, which information is relevant to this case. 14 III. 15 A COURT MAY COMPEL COMPLIANCE WITH A DISCOVERY REQUEST 16 a. Interrogatories. 17 If a party fails to respond to discovery, the propounding party’s remedy is to seek a court order 18 compelling answers to the interrogatories. California Code of Civil Procedure §§ 2030.290(b). The 19 moving party is required to show that a set of interrogatories was properly served, the time to respond 20 has expired, and no response of any kind was served. Leach v. Superior Court (1980) 111 Cal.App.3d 21 902, 905-06. In addition, the moving party is not required to attempt to resolve a discovery dispute 22 informally, where no response was served within the statutory time limit. Leach v. Superior Court, 23 supra, 111 Cal.App.3d at p. 906. 24 Pursuant to California Code of Civil Procedure § 2030.260(a), answers to interrogatories are due 25 thirty (30) days after service. In failing to respond to the interrogatories within the statutory time, the 26 untimely party waives most objections to interrogatories, including claims of privilege and work product 27 protection. California Code of Civil Procedure § 2030.290(a); Leach v. Superior Court, supra, 111 28 DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 5 1 Cal.App.3d at pp. 905-06. 2 b. Demand for Production. 3 If a party fails to respond to discovery, the propounding party’s remedy is to seek a court order 4 compelling responses to the demand for production. California Code of Civil Procedure § 2031.300(b). 5 Pursuant to California Code of Civil Procedure § 2031.260(a), responses to demands for 6 production are due thirty (30) days after service. In failing to respond to the demand for production 7 within the statutory time, the untimely party waives any objection to the demand, including claims of 8 privilege and work product protection. California Code of Civil Procedure § 2031.300(a). 9 In this case, Defendant served a set of Form Interrogatories, Special Interrogatories, and Demand 10 for Production upon Plaintiffs, by and through their attorney, on December 10, 2019. Plaintiffs’ 11 counsel was granted two separate two-week discovery extensions, with the second extension making 12 responses due February 11, 2020. More than thirty days have passed since this service date, and 13 Plaintiffs, to date, despite the multiple discovery extensions, have failed to serve any responses to the 14 Interrogatories, and the Demand for Production. Defense counsel corresponded with Plaintiffs’ counsel 15 on February 19, 2020, seeking Plaintiffs’ overdue discovery responses, in a good faith attempt at 16 resolving this discovery dispute, without court intervention. 17 Since Plaintiffs have failed to serve their verified answers and responses, Plaintiffs have waived 18 their objections. Thus, Defendant respectfully requests that this Court order Plaintiffs to provide: (a) 19 verified answers, without objection, to the Form Interrogatories, within twenty (20) days of the hearing 20 of this Motion; (b) verified answers, without objection, to the Special Interrogatories, within twenty (20) 21 days of the hearing of this Motion; and, (c) verified responses, without objection, to the Demand for 22 Production, within twenty (20) days of the hearing of this Motion. 23 IV. 24 THE COURT SHALL IMPOSE SANCTIONS FOR PLAINTIFF’S 25 FAILURE TO COMPLY WITH WRITTEN DISCOVERY 26 “Failing to respond or submit to an authorized discovery method” is a misuse of the discovery 27 process, for which sanctions may be imposed. California Code of Civil Procedure § 2023.010(d). 28 DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 6 1 a. Interrogatories. 2 The Court shall impose sanctions against the a party who unsuccessfully makes or opposes a 3 motion to compel answers to interrogatories, unless it finds that party acted with “substantial 4 justification” or other circumstances render sanctions “unjust.” California Code of Civil Procedure 5 §2030.290 (c). 6 b. Demand for Production. 7 The Court shall impose sanctions against the a party who unsuccessfully makes or opposes a 8 motion to compel responses to demands for production, unless it finds that party acted with “substantial 9 justification” or other circumstances render sanctions “unjust.” California Code of Civil Procedure § 10 2031.300 (c). 11 The imposition of sanctions in this case would be just. Plaintiffs were served with Form 12 Interrogatories (Set Number One), Special Interrogatories (Set Number One), and Demand for 13 Production (Set Number One), on December 10, 2019. Plaintiffs’ counsel was granted two separate 14 two-week discovery extensions, with the second extension making responses due February 11, 2020. 15 When Plaintiffs failed to respond to the interrogatories and production requests, as required, despite the 16 multiple discovery extensions, defense counsel corresponded with Plaintiff’s counsel on February 19, 17 2020, requesting the overdue answers to Form Interrogatories, Special Interrogatories, and Demand for 18 Production. Despite this correspondence, Plaintiffs have still refused to provide the answers, and 19 production responses. 20 According to the Declaration of James T. Harry, preparation of the moving papers took 21 approximately one hour, and it is estimated that reviewing any opposition, preparing the reply and 22 appearing at the hearing of this motion will consume an additional two hours, including travel time. The 23 customary hourly fee for attorneys in this office is $175.00 per hour. The filing fee for the motion is 24 $60.00. Sanctions and attorneys’ fees in the amount of $585.00 are therefore reasonable. 25 /// 26 /// 27 /// 28 DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 7 1 V. 2 CONCLUSION 3 Based upon Plaintiffs, PREET KAMAL, SABREEN KAUR, KANWAR SINGH WALIA, and 4 SATVIR KAUR ATWAL’s refusal to provide Answers to Form Interrogatories, Answers to Special 5 Interrogatories, and Responses to Demand for Production, the Court is respectfully requested to order: 6 (1) Plaintiffs, PREET KAMAL, SABREEN KAUR, KANWAR SINGH WALIA, and SATVIR 7 KAUR ATWAL, to serve verified Answers, without objection, to the subject Form Interrogatories (Set 8 Number One) within twenty (20) days from the hearing of this motion; 9 (2) Plaintiffs, PREET KAMAL, SABREEN KAUR, KANWAR SINGH WALIA, and SATVIR 10 KAUR ATWAL, to serve verified Answers, without objection, to the subject Special Interrogatories (Set 11 Number One) within twenty (20) days from the hearing of this motion; 12 (3) Plaintiffs, PREET KAMAL, SABREEN KAUR, KANWAR SINGH WALIA, and SATVIR 13 KAUR ATWAL, to serve verified Responses, without objection, to the subject Demand for Production 14 (Set Number One) within twenty (20) days from the hearing of this motion; and 15 (4) Plaintiffs, PREET KAMAL, SABREEN KAUR, KANWAR SINGH WALIA, and SATVIR 16 KAUR ATWAL, to pay sanctions and attorneys’ fees to Defendant in the amount of $585.00 within 17 twenty (20) days of the date of the hearing of this Motion. 18 19 HARTSUYKER, STRATMAN & WILLIAMS- DATED: March 17, 2020 ABREGO 20 21 BY: 22 23 JAMES T. HARRY, ESQ. 24 Attorney for Defendant, NEVIN SLEDGE 25 26 27 28 DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 8 1 DECLARATION OF JAMES T. HARRY 2 I, JAMES T. HARRY, declare: 3 1. I am an attorney at law, duly licensed to practice in all Courts of the State of California, and 4 am a member of the law offices of HARTSUYKER, STRATMAN & WILLIAMS-ABREGO, attorneys 5 of record for Defendant, Nevin Sledge, in the above-entitled matter. I am an employee of the Claims 6 Litigation Department, Farmers Insurance Exchange and Affiliates, Not a Partnership. 7 2. I am the attorney assigned with the responsibility for the file on this matter, and have 8 thoroughly reviewed its contents and am personally familiar with each of the facts set forth herein. If 9 called as a witness, I could and would competently testify concerning the following matters: 10 3. On December 10, 2019, Form Interrogatories (Set Number One) was served on Plaintiff, by 11 and through their attorney of record. A true and correct copy of said Form Interrogatories is attached 12 hereto as Exhibit “A.” 13 4. On December 10, 2019, Special Interrogatories (Set Number One) was served on Plaintiff, by 14 and through their attorney of record. A true and correct copy of said Special Interrogatories is attached 15 hereto as Exhibit “B.” 16 5. On December 10, 2019, Demand for Production (Set Number One) was served on Plaintiff, 17 by and through their attorney of record. A true and correct copy of said Demand for Production is 18 attached hereto as Exhibit “C.” 19 6. Defense counsel granted two separate two-week discovery extensions and one single week 20 extension to plaintiffs’ counsel. The first request granted an extension until January 28, 2020. The 21 second request granted an extension until February 11, 2020. The third was until February 28, 2020. 22 Despite these three discovery extensions, Plaintiffs have failed to provide their responses. A true and 23 correct copy of said correspondence is attached hereto as Exhibit “D.” 24 7. On February 19, 2020, I sent a letter to Plaintiffs’ counsel requesting that verified answers to 25 discovery be provided. A true and correct copy of said correspondence is attached hereto as Exhibit 26 “E.” 27 8. To date, I have not received Plaintiffs’ verified answers to Form Interrogatories, and Special 28 Interrogatories. DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 9 1 9. To date, I have not received Plaintiffs’ verified responses to Demand for Production. 2 10. The preparation of the moving papers took approximately one hour, and it is estimated that 3 reviewing any opposition, preparing the reply and appearing at the hearing of this motion will consume 4 an additional two hours, including travel time. The customary hourly fee for attorneys in this office is 5 $175.00 per hour. The filing fee for the motion is $60.00. Sanctions and attorneys’ fees in the amount 6 of $585.00 are therefore reasonable. 7 8 I declare under penalty of perjury under the laws of the State of California that the foregoing is 9 true and correct. Executed this 17th day of March, 2020, at Rancho Cordova, CA. 10 11 12 13 ________________________________________ JAMES T. HARRY, Declarant 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 10 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E Fred G. Wiesner Law Offices of Cameron L. Cobden James T. Harry Managing Attorney Julia V. Islas HARTSUYKER, STRATMAN & (916) 503-2788 Keith R. Pawloski WILLIAMS-ABREGO Anders R. Morrison Not a Partnership Abigail T. Anderson Employees of Farmers Insurance Exchange, Leslie A. Romeo a Member of the Farmers Insurance Group of Companies Mark Saakian Mailing Address Physical Address PO BOX 258829 10877 White Rock Road, Suite 350 Oklahoma City, OK 73125-8829 Rancho Cordova, CA 95670 Telephone (916) 503-2777 www.farmersclaimslitigation.com Please Reference Our File # in Your Correspondence Documents Can be Sent to legaldocs@farmers.com February 19, 2020 Amar Shergill Shergill Law Firm 1104 Corporate Way, Suite 101 Sacramento, CA 95831 Fax No.: (916) 564-2764 Re: Kamal, et al. v. Sledge, et al. Case No.: STK-CV-UAT-2019-0004733 Date of Loss: April 16, 2017 Our File No.: 19-554178 Dear Amar: Written discovery including Form Interrogatories, Special Interrogatories and Demand for Production of Documents was served on 12/10/2019. Our office has granted two extensions to respond. To date, we have not received your client’s verified responses, nor have any further extensions of time within which to respond been requested or granted. It is my hope to avoid the necessity of court intervention. Please provide responses to the discovery within the next 10 days. If you have any concerns with this timetable, please just let me know. Call or email me if you want to discuss the discovery. Thank you for your cooperation and attention to this matter. Sincerely, James T. Harry Direct Line: (916) 503-2750 Cell: (916) 671-4624 Email: james.harry@farmersinsurance.com OAKLAND * SACRAMENTO * SAN JOSE * SANTA ROSA * FRESNO * VENTURA LOS ANGELES * SANTA ANA * SAN BERNARDINO * SAN DIEGO 1 Re: Kamal, et al. v. Sledge, et al. Case Number: STK-CV-UAT-2019-0004733 2 3 PROOF OF SERVICE Code of Civil Procedure §§ 1013a, 2015.5 4 I am a resident of the State of California and over the age of eighteen years, and not a party to the 5 within action. My business address is 10877 White Rock Road, Suite 350, Rancho Cordova, CA 95670. On March ___, 2020, I served the following document(s): 6 DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO 7 FORM INTERROGATORIES, SPECIAL INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND 8 AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY 9 By placing the document(s) listed above in a sealed envelope, addressed as set forth 10 below, and placing the envelope for collection and mailing in the place designated for such in our offices, following ordinary business practices. 11 By transmitting via facsimile the document(s) listed above to the fax number(s) set 12 forth below on this date before 5:00 p.m. 13 By causing a true copy thereof to be personally delivered to the person(s) at the 14 address(es) set forth below. 15 By electronically serving the document(s) described above via a Court approved File 16 & Serve vendor on those recipients designated on the Transaction Receipt located on the vendor’s Website. 17 18 By electronically serving the document(s) to the electronic mail address set forth below on this date before 5:00 p.m. pursuant to the signed stipulation of the parties 19 X and consistent with Code of Civil Procedure section 1010.6(a)(2). SEE ATTACHED SERVICE LIST 20 I am readily familiar with the firm’s practice of collection and processing correspondence for 21 mailing with the United States Postal Service. Under that practice, it would be deposited with U.S. 22 Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or 23 postage meter date is more than one day after date of deposit for mailing in affidavit. 24 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 25 Executed on March ___, 2020, at Rancho Cordova, California. 26 Adrianna DiNardo 27 28 DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 11 1 Re: Kamal, et al. v. Sledge, et al. Case Number: STK-CV-UAT-2019-0004733 2 3 SERVICE LIST 4 Amar Shergill Shergill Law Firm 5 1104 Corporate Way, Suite 101 Sacramento, CA 95831 6 Attorney for Plaintiffs, Preet Kamal, Sabreen Kaur, Kanwar Singh Walia, and Satvir Kaur Atwal 7 Phone: (916) 564-5781 Fax: (916) 564-2764 8 amar@shergilllawfirm.com 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFENDANT’S NOTICE OF MOTION AND MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES, SPECIAL INTERROGATORIES AND RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS’ FEES; DECLARATION OF JAMES T. HARRY- 12