Preview
ELECTRONICALLY FILED
Vincent T. Martinez, SBN 174157 Superior Court of California
TWITCHELL AND RICE, LLP County of Santa Barbara
215 North Lincoln Street Darrel E. Parker, Executive Officer
P. O. Box 520 5/21/2024 10:27 AM
Santa Maria, CA 93456 By: Miroslava Pena-Bautista , Deputy
Telephone: (805) 925-2611
Facsimile: (805) 925-1635
Email: vmartinez@twitchellandrice.com
Email: llimone@twitchellandrice.com
Attorneys for Defendant REBECCA REYES
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA BARBARA - COOK DIVISION
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11 MARTHA E. RAMIREZ, an Individual, Case No. 22CV03495
12 Plaintiff, NOTICE OF MOTION AND MOTION
TO COMPEL APPEARANCE OF
13 vs. PLAINTIFF AT DEPOSITION,
PRODUCTION OF DOCUMENTS,
14 JESUS REYES, an individual; REBECCA AND FOR SANCTIONS;
REYES, an Individual; and DOES 1 through 20, MEMORANDUM OF POINTS AND
15 Inclusive, AUTHORITIES; DECLARATION OF
VINCENT T. MARTINEZ; EXHIBITS
16 Defendants. IN SUPPORT OF
17 Date: 6/20/2024
Time: 8:30 a.m.
18 Dept: SM4
19 Assigned Judge: Hon Jed Beebe
20 Complaint Filed: September 13, 2022
21 TO PETITIONER MARTHA E. RAMIREZ AND TO HER ATTORNEY OF
22 RECORD:
23 PLEASE TAKE NOTICE that on June 20, 2024 at 8:30 a.m., or as soon thereafter as
24 the matter may be heard, in Department SM4 of the above entitled court, located at 312 E. Cook Street,
25 Santa Maria, California, Defendant REBECCA REYES (hereafter “Defendant”) will move for an order
26 compelling the appearance of Plaintiff MARTHA E. RAMIREZ (hereinafter “Plaintiff’) at a
27 deposition, for production of documents at the deposition, and for sanctions .
28 Defendant will further move the Court for an order that Plaintiff pay a monetary
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NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND APPEARANCE AT DEPOSITION
sanction to the moving party in the amount of $2,782.05 as the reasonable fees and costs incurred by
the Plaintiff in bringing this motion pursuant to Code of Civil Procedure §2025.450(g). This motion
is made on the grounds that the Plaintiff failed to appear at a properly noticed deposition as required
in Code of Civil Procedure §2025.280. The testimony and information sought from Plaintiff's
appearance and production of documents are relevant to the subject matter of this action since they can
only be obtained from the Plaintiff. In addition, the Plaintiff’s failure to comply is without substantial
justification, and is causing harm to Defendant since the delay harms Defendant’s preparation for trial.
This motion is made pursuant to Code of Civil Procedure §2025.480 and is based on the Notice
of Motion, on the Declaration of Vincent T. Martinez, the Memorandum of Points and Authorities,
10 the Exhibits attached hereto, the complete files and records in this action, and on such further and
ll additional evidence as may be presented at the hearing on the motion.
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13 WITCHELL AND RICE, LLP
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15 Dated: May_2&\_, 2024 By.
Vincent T. Martinez
16 Attorney for Defendant REBECCA REYES
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NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND APPEARANCE AT DEPOSITION
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MEMORANDUM OF POINTS AND AUTHORITIES
INTRODUCTION AND SUMMARY OF FACTS
On September 13, 2022, Plaintiff filed a Complaint for Damages for Discrimination
in Violation of Government Code §§12940 ET SEQ, Harassment in Violation of Government Code
§§12940 ET SEQ, Retaliation in Violation of Government Code §§12940 ET SEQ, for Declaratory
Judgement, Battery, Assault, Sexual Batter (Civil Code §1708.5), Gender Violence (Civil Code §52.4),
Sexual Harassment in Violation of Civil Code §51.9, Violation of the Ralph Civil Rights Act (Civil
Code §51.7), and Violation of the Tom Bane Civil Rights Act (Civil Code §52.1). On March 14, 2023,
10 Defendant filed her answer to the Complaint. We also stipulate to the first amended complaint to
11 enable a full and complete deposition of Plaintiff on all issues. Defendant served the original
12 Deposition Notice and Request for Production of Documents upon Plaintiff, on February 12, 2024,
13 which set the date of March 28, 2024, as the date of Plaintiffs deposition and production of documents
14 (hereinafter “Deposition Notice” which is hereto attached as Exhibit “A”). At Plaintiff's request, the
15 deposition was then rescheduled to April 11, 2024 (See Exhibit “B”). Thereafter, the deposition was
16 rescheduled, again at Plaintiffs request, to April 23, 2024 (See Exhibit “C”). On April 19, 2024,
17 Plaintiff's attorney, Setareh Panah (hereinafter “Attorney Panah”), emailed Defendant’s attorney,
18 Vincent T. Martinez (hereinafter “Attorney Martinez”), stating that she was unable to obtain
19 confirmation of Plaintiff's appearance at the upcoming deposition. Attorney Martinez offered to
20 conduct the deposition via Zoom to further try and accommodate Plaintiff (See Exhibit “D”).
21 When the deposition of Plaintiff was rescheduled to April 23, 2024, Plaintiff was
22 warned by Attorney Martinez that if Plaintiff did not appear at the deposition, that a motion to compel
23 would be filed. On April 23, 2024 the deposition commenced pursuant to the notice (See Exhibit “C”).
24 However, Plaintiff did not appear. Vincent T. Martinez (hereinafter “Attorney Martinez”) made a
25 record of Plaintiff's non-appearance. The transcript for the non-appearance is attached as Exhibit “E.”
26 The court reporter fees totaled $864.55 (See Exhibit “F”).
27 After the Plaintiff failed to appear at the properly noticed deposition, Attorney Martinez
28 reached out to Plaintiff's counsel, Setareh Panah, in an attempt to remedy Plaintiffs non-appearance.
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NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND APPEARANCE AT DEPOSITION,
Attorney Panah then informed Attorney Martinez that she was in the process of filing a motion to be
relieved as counsel (See Attachment “D”).
The delay by the Plaintiffis harmful to the Defendant in that the information (testimony
and production of documents) is necessary to the Defendant’s preparation for trial. Attorney Martinez’s
hourly rate is $425.00. Attorney Martinez spent approximately 1.80 hours preparing the deposition
notice and appearing at the deposition. Attorney Martinez spent 1.50 hours preparing this motion, and
itis anticipated that Attorney Martinez will spend another 1.0 hour preparing for and appearing for this
motion, for a total of $1,827.50, plus $864.55 charged by the court reporter who was reserved for the
depositions and provided the Non-Appearance Transcript. The cost of filing this motion is $90.00.
10 The Defendant therefore requests monetary sanctions in the amount of $2,752.05, against the
11 Plaintiff and for the order to compel appearance of Plaintiff at deposition and for the production of the
12 requested documents be granted.
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14 ARGUMENT
15 A. The Defendant Properly Noticed the Deposition of Plaintiff.
16 Defendant properly noticed the deposition of Plaintiff pursuant to the requirements of
17 Code of Civil Procedure §§2025.20 - 2025.280 three times, and at Plaintiffs request, continued the
18 deposition two times. Prior to each continuance, Attorney Martinez tried to accommodate and work
19 with Plaintiff’ s requests. Despite Defendant’ s efforts to accommodate Plaintiff, and Attorney Martinez
20 making it clear that if Plaintiff does not appear that Defendant will move for this very motion, Plaintiff
21 failed to appear at the properly noticed deposition on April 23, 2024.
22 B. Sanctions Are Appropriate Under Code of Civil Procedure
23 §§2023.010(d); 2023.030; 2025.450 (g).
24 Code of Civil Procedure §§2023.030 (d) defined “[mlisuses of the discovery process
25 include, but are not limited to, the following: (d) failing to respond or submit to an authorized
26 method of discovery.” Id. Here, it is clear that Plaintiff s failure to appear at the Notice Deposition and
27 failure to produce documents is a misuse of the discovery process.
28 Code of Civil Procedure §§2023.030 reads:
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NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND APPEARANCE AT DEPOSITION,
“To the extent authorized by the chapter governing any particular discovery
method or any other provision of this title, the court, after notice to any
affected party, person, or attorney, and after opportunity for hearing, may
impose the following sanctions against anyone engaging in conduct that is
a misuse of the discovery process:
(a) The court may impose a monetary sanction ordering that one engaging
in the misuse of the discovery process, or any attorney advising that
conduct, or both pay the reasonable expenses, including attorney's fees,
incurred by anyone as a result of that conduct. The court may also impose
this sanction on one unsuccessfully asserting that another has engaged in
the misuse of the discovery process, or on any attorney who advised that
assertion, or on both. Ifa monetary sanction is authorized by any provision
of this title, the court shall impose that sanction unless it finds that the one
subject to the sanction acted with substantial justification or that other
circumstances make the imposition of the sanction unjust.
(b) The court may impose an issue sanction ordering that designated facts
shall be taken as established in the action in accordance with the claim of
the party adversely affected by the misuse of the discovery process. The
10 court may also impose an issue sanction by an order prohibiting any party
engaging in the misuse of the discovery process from supporting or
11 opposing designated claims or defenses.
(c) The court may impose an evidence sanction by an order prohibiting any
12 party engaging in the misuse of the discovery process from introducing
designated matters in evidence.
13 (d) The court may impose a terminating sanction by one of the following
orders:
14 (1) An order striking out the pleadings or parts of the pleadings of any party
engaging in the misuse of the discovery process.
15 (2) An order staying further proceedings by that party until an order for
discovery is obeyed.
16 (3) An order dismissing the action, or any part of the action, of that party.
(4) An order rendering a judgment by default against that party.
17 (e) The court may impose a contempt sanction by an order treating the
misuse of the discovery process as a contempt of court.
18 ((1) Notwithstanding subdivision (a), or any other section of this title,
absent exceptional circumstances, the court shall not impose sanctions on
19 a party or any attorney ofa party for failure to provide electronically stored
information that has been lost, damaged, altered, or overwritten as the result
20 of the routine, good faith operation of an electronic information system.
(2) This subdivision shall not be construed to alter any obligation to
21 preserve discoverable information.” Id.
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23 Here, Defendant is requesting monetary sanctions of $2,752.05 since the discovery misuse by the
24 Plaintiff has barred Defendant from effectively defending herself against the herein matter (See
25 Declaration of Vincent T. Martinez).
26 Code of Civil Procedure §§2023.030; 2025.450(g) reads:
27 “(g)(1) If a motion under subdivision (a) is granted, the court shall impose
amonetary sanction under Chapter 7 (commencing with Section 2023.010)
28 in favor of the party who noticed the deposition and against the deponent
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or the party with whom the deponent is affiliated, unless the court finds that
the one subject to the sanction acted with substantial justification or that
other circumstances make the imposition of the sanction unjust.
(2) On motion of any other party who, in person or by attorney, attended at
the time and place specified in the deposition notice in the expectation that
the deponent's testimony would be taken, the court shall impose a monetary
sanction under Chapter 7 (commencing with Section 2023.010) in favor of
that party and against the deponent or the party with whom the deponent is
affiliated, unless the court finds that the one subject to the sanction acted
with substantial justification or that other circumstances make the
imposition of the sanction unjust.” Id.
Here, in spite of Defendant’s efforts to resolve Plaintiff's non-appearance at her
deposition by emailing Plaintiff’ s counsel after the non-appearance (See Exhibit “D”), Defendant has
10 not been able to schedule Plaintiff's deposition.
11 Cc. Motion to Compel is Appropriate under Code of Civil
12 Procedure §2025.480
13 Plaintiff failed to appear or produce any documents at the deposition on April 23, 2024. Thus,
14 Defendant has the right under Code of Civil Procedure §2025.480 to file amotion to compel Plaintiff's
15 appearance at deposition and for the production of documents.
16 D. Plaintiff Should be Held in Contempt for failure to Obey
17 Court Orders Should Plaintiff Fail to Appear After Motion
18 is Granted under Code of Civil Procedure §2025.480(k)
19 Should Plaintiff fail to appear at the deposition, produce documents, or pay sanctions the Court
20 should hold Plaintiff in contempt for failure to obey an order of the court as provided for under Code
21 of Civil Procedure §2025.480(k). In addition, as Plaintiff is a party to the action, the Court should
22 impose an issue sanction, an evidence sanction, a terminating sanction, and a monetary sanction.
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NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND APPEARANCE AT DEPOSITION
Til.
CONCLUSION
Based on the foregoing, the Defendant respectfully requests that this Court compel
the Plaintiff to appear at deposition, produce the requested documents, and pay $2,782.05 in
monetary sanctions (See Declaration of Vincent T. Martinez).
Respectfully submitted,
TWITCHELL AND RICE, LLP
Dated: May _2\_, 2024 y ZA ZE
inCent T. Martinez
10 Attorney for Defendant REBECCA REYES
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iOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND APPEARANCE AT DEPOSITION
DECLARATION OF VINCENT T. MARTINEZ
I, Vincent T. Martinez, declare:
1 Iam an attorney licensed to practice before all courts in the State of
California and am a partner in the law firm of Twitchell And Rice, LLP, the attorney for record for the
moving party, Defendant REBECCA REYES (“the Defendant”). The following ‘statements are within
my personal knowledge and if called as a witness, I could and would competently testify thereto.
2. On September 13, 2022, Plaintiff filed a Complaint for Damages for
Discrimination in Violation of Government Code §§12940 ET SEQ, Harassment in Violation of
Government Code §§12940 ET SEQ, Retaliation in Violation of Government Code §§12940 ET SEQ,
10 for Declaratory Judgement, Battery, Assault, Sexual Batter (Civil Code §1708.5), Gender Violence
11 (Civil Code §52.4), Sexual Harassment in Violation of Civil Code §51.9, Violation of the Ralph Civil
12 Rights Act (Civil Code §51.7), and Violation of the Tom Bane Civil Rights Act (Civil Code §52.1).
13 On March 14, 2023, Defendant filed her answer to the Complaint.
14 3. On February 12, 2024 this office served the Deposition Notice and Request for
15 Production of Documents upon Plaintiff (hereinafter “Deposition Notice”). Attached hereto as Exhibit
16 “A” is a true and correct copy of the Deposition Notice with Proof of Service, therefore, at Plaintiff's
17 request, the deposition was rescheduled to April 11, 2024. Attached hereto as Exhibit “B” is a true and
18 correct copy of the Amended Deposition Notice with Proof of Service. Then, once again at Plaintiff's
19 request, the deposition was rescheduled to April 23, 2024. Attached hereto as Exhibit “C” is a true and
20 correct copy of the Second Amended Deposition Notice with Proof of Service. On April 19, 2024,
21 Plaintiff's attorney, Setareh Panah, emailed me stating that she was unable to obtain confirmation for
22 Plaintiffs appearance at the upcoming deposition. I offered to conduct the deposition via Zoom to
23 further try and accommodate for Plaintiff. Attached hereto as Exhibit “D” is a true and correct copy
24 of the correspondence between attorney Panah and me.
25 4. On April 23, 2024 the deposition commenced pursuant to the notice. Although
26 attorney Panah appeared via Zoom, Plaintiff failed to appear. | made a record of Plaintiffs non-
27 appearance. Attached hereto as Exhibit “E” is a true and correct copy of the transcript for the non-
28 appearance. The Court reporter fees totaled $864.55. Attached hereto as Exhibit “F” is a true and
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NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND APPEARANCE AT DEPOSITION
correct copy of the invoice from the court reporter.
5 After Plaintiff failed to appear at the properly noticed deposition, I
contacted attorney Panah to inquire about a remedy for Plaintiffs non-appearance at the deposition.
Attorney Panah informed me that they were in the process of filing a motion to be relieved as counsel.
Attached hereto as Exhibit “D” is a true and correct copy of the correspondence between Defendant’s
and Plaintiffs counsel.
6 The delay by the Plaintiff is harmful to the Defendant in that the information
is necessary to the my preparation for trial. My hourly rate is $425.00. I spent approximately 1.80
hours preparing the deposition notice and appearing at the deposition. I spent 1.50 hours preparing this
10 motion, and it is anticipated that I will spend another 1.0 hour preparing for and appearing for this
11 motion, for a total of $1,827.50, plus $864.55 charged by the court reporter who was reserved for the
12 depositions and provided the Non-Appearance transcript. The costs of filing this motion is $90.00.
13 7 lam requesting monetary sanctions of $2,782.05 since the discovery
14 misuse by Plaintiff has barred me from effectively defending Defendant in the herein matter.
15 8 I further request that Plaintiff be compelled to appear for deposition forthwith
16 and to produce the requested documents.
17 9 Plaintiff has ignored efforts to resolve Plaintiffs refusal to appear at deposition
18 therefore, sanctions against Plaintiff are warranted.
19 I declare under penalty of perjury under the laws of the state of California that the forgoing
20 is true and correct.
21 Executed on May 2! , 2024 at Santa Maria, California
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ZVincent T. Martinez
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Vincent T. Martinez, SBN 174157
TWITCHELL AND RICE, LLP
215 North Lincoln Street
P. O. Box 520
Santa Maria, CA 93456
Telephone: (805) 925-2611
Facsimile: (805) 925-1635
Attorneys for Defendant REBECCA REYES
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA BARBARA - COOK DIVISION
MARTHA E. RAMIREZ, an Individual, Case No. 22CV03495
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Plaintiff, NOTICE OF TAKING DEPOSITION
11 OF PLAINTIFF MARTHA E.
vs. RAMIREZ AND FOR PRODUCTION
12 OF DOCUMENTS
JESUS REYES, an individual; REBECCA
13 REYES, an Individual; and DOES 1 through 20, Date: March 28, 2024
Inclusive, Time: 9:00 a.m.
14 Location: Twitchell and Rice, LLP
Defendants. 215 N. Lincoln St.
15 Santa Maria, CA 93458
16 Complaint Filed: September 13, 2022
17 Unlimited Civil
18 [Assigned Judge: Hon Jed Beebe]
19 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
20 PLEASE TAKE NOTICE that Defendant REBECCA REYES (hereinafter “Defendant”) will
21 take the deposition of Plaintiff MARTHA E. RAMIREZ as follows:
22 DATE: March 28, 2024
23 TIME: 9:00 a.m.
24 LOCATION: Law Office of Twitchell and Rice, LLP
215 N. Lincoln Street
25 Santa Maria, CA 93458
26 Said deposition will be taken upon oral examination before a notary public, and will continue
27 from day to day thereafter, Sundays and holidays excluded, until completed.
28 If an interpreter is required to translate testimony, notice of same must be given within five
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DEFENDANT’S DEPOSITION NOTICE
days before the scheduled deposition, and the specific language and/or dialect designated.
PLEASE TAKE FURTHER NOTICE that Respondent reserves the right to record the
deposition testimony of the above-identified deponent by videotape and instant visual display in
addition to recording the testimony by stenographic method, pursuant to Code of Civil Procedure
sections 2025.220(a)(5) and 2025.330. Respondent reserves the right to use the videotape deposition
at time of trial.
NOTICE IS FURTHER GIVEN that the above-named deponent is required to bring with him
to the deposition the following documents:
DEFINITIONS
10 The following definitions are utilized in this Request for Production of Documents. Whenever
11 a defined word is used in this Demand for Production, that word is capitalized. Reference should be
12 made to these definitions in preparing the responses to this Demand for Production.
13 1. “DOCUMENT” shall mean any written, recorded, graphic or pictorial matter, however
14 produced or reproduced. The term “documents” includes, without limitation, writings (including those
15 made ontables and notebooks), facsimiles, electronic mail, electronic messaging (including iMessage,
16 WhatsApp, or other text messaging application), correspondence, interoffice communications,
17 minutes, reports, memoranda, notes, schedules, drawings, photographs, tables, graphs, charts, maps,
18 surveys, time cards, books of account, ledgers, invoices, receipts, purchase orders, contract, bills,
19 checks, drafts, wage statements, wage stubs, recordings, information stored in any form, including
20 electronic and optical, and all other such documents, tangible or retrievable, of any kind. “Documents”
21 includes any addenda, changes, additions or deletions made to any documents, and all drafts
22 preliminary versions of documents. “Documents” also includes any copies of documents.
23 2. "COMMUNICATION" shall mean any oral or written exchange of words, thoughts
24 or ideas to another person(s), whether person-to-person, in a group, by telephone, by letter, by telex,
25 by facsimile, by e-mail, texts, Facebook and other social media, by legal pleading or any other process,
26 verbal, written, electric or otherwise.
27 3 “PERSON?” includes a natural person, family member, firm, association, organization,
28 partnership, business, trust, corporation, limited liability company, limited partnership, or public entity.
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DEFENDANT’S DEPOSITION NOTICE
4 "YOU" and "YOUR" shall mean MARTHA E. RAMIREZ as an individual, and any
PERSON acting on YOUR behalf. For purposes of these interrogatories, the word “PERSON” or
“PERSONS” shall mean anatural person, firm, association, organization, partnership, business, trust,
corporation, limited liability company, limited partnership, or public entity.
5 "COMPLAINT" shall mean the verified complaint filed with the Santa Barbara County
Superior Court on September 13, 2022, assigned Case No. 22CV03495 attached hereto as Exhibit
“A”
6. "INCIDENT" shall mean the circumstances and events surrounding or regarding the
injury or occurrence(s) YOU allege in YOUR COMPLAINT.
10 7. "PROPERTY" shall mean 1027 Barrett Street, Santa Maria, California.
11 State all facts regarding YOUR contention that
12 DOCUMENTS TO BE PRODUCED
13 Request For Production No. 1.
14 All DOCUMENTS regarding any and all COMMUNICATIONS between YOU or any
15 PERSON acting on YOUR behalf and Defendant Rebecca Reyes for the period of January 1, 2010,
16 to the present.
17 Request For Production No. 2.
18 All DOCUMENTS regarding any and application or request regarding immigrating to the
19 United States of America or visa or residency with the United States of America from and after
20 January 1, 2015 through the present.
21 Request For Production No. 3.
22 All DOCUMENTS regarding any and all COMMUNICATIONS between YOU or any
23 PERSON acting on YOUR behalf and any agency or department of the Unites States of America from
24 and after January 1, 2015 through the present.
25 Request For Production No. 4.
26 All DOCUMENTS regarding any and all COMMUNICATIONS between YOU or any
27 PERSON acting on YOUR behalf and any other PERSON regarding the INCIDENT.
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DEFENDANT’S DEPOSITION NOTICE
See
Request For Production No. 5.
All DOCUMENTS regarding YOUR contention that Defendant Jesus REYES acted in
concert with Defendant REBECCA REYES to commit the wrongful acts that YOU allege in the
COMPLAINT were committed upon YOU and YOUR person.
Request For Production No. 6.
All DOCUMENTS regarding Defendant REBECCA REYES having knowledge of Defendant
JESUS REYES wrongful acts that YOU allege in the COMPLAINT Defendant JESUS REYES
committed upon YOU and YOUR person.
Request For Production No. 7.
10 All DOCUMENTS regarding YOUR contention that the actions of Defendant JESUS REYES
11 as alleged in the COMPLAINT were made possible by Defendant REBECCA REYES.
12 Request For Production No. 8.
13 All DOCUMENTS regarding Defendant REBECCA REYES having knowledge of Defendant
14 JESUS REYES harassing YOU on the basis of sex resulting in adverse housing actions as alleged in
15 the COMPLAINT.
16 Request For Production No. 9,
17 All DOCUMENTS regarding Defendant REBECCA REYES harassing YOU on the basis of
18 sex resulting in adverse housing actions as alleged in the COMPLAINT.
19 Request For Production No. 10.
20 All DOCUMENTS regarding Defendant REBECCA REYES having knowledge of Defendant
21 JESUS REYES discriminating against YOU on the basis of YOUR engagement in protected activities
22 resulting in adverse housing actions as alleged in the COMPLAINT.
23 Request For Production No. 11.
24 All DOCUMENTS regarding Defendant REBECCA REYES discriminating against YOU on
25 the basis of YOUR engagement in protected activities resulting in adverse housing actions as alleged
26 in the COMPLAINT.
27 Request For Production No. 12.
28 All DOCUMENTS regarding Defendant REBECCA REYES having knowledge of Defendant
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DEFENDANT’S DEPOSITION NOTICE
JESUS REYES harassing YOU on the basis of YOUR engagement in protected activities resulting
in adverse housing actions as alleged in the COMPLAINT.
Request For Production No. 13.
All DOCUMENTS regarding Defendant REBECCA REYES harassing YOU on the basis of
YOUR engagement in protected activities resulting in adverse housing actions as alleged in the
COMPLAINT.
Request For Production No. 14.
All DOCUMENTS regarding Defendant REBECCA REYES having knowledge of Defendant
JESUS REYES violated the Fair Employment And Housing Act by retaliating against YOU due to
10 YOU complaining about discriminatory conduct as alleged in the COMPLAINT.
11 Request For Production No. 15.
12 All DOCUMENTS regarding Defendant REBECCA REYES violated the Fair Employment
13 And Housing Act by retaliating against YOU due to YOU complaining about discriminatory conduct
14 as alleged in the COMPLAINT.
15 Request For Production No. 16.
16 All DOCUMENTS regarding YOUR contention that YOU were wrongfully evicted from the
17 PROPERTY.
18 Request For Production No. 17.
19 All DOCUMENTS regarding YOUR contention that Defendant REBECCA REYES is
20 vicariously liable for the conduct of Defendant JESUS REYES as alleged in the COMPLAINT.
21 Request For Production No. 18.
22 All DOCUMENTS regarding Defendant REBECCA REYES' knowledge that Defendant
23 JESUS REYES ' conduct subjected YOU to cruel and unjust hardship in conscious disregard of YOUR
24 tight to be free from interference by intimidation.
25 Request For Production No. 19.
26 All DOCUMENTS regarding Defendant REBECCA REYES violating YOUR civil rights as
27 set forth in the Ralph Civil Rights Act as codified in Civil Code section 51.7.
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DEFENDANT’S DEPOSITION NOTICE
see
Request For Production No. 20.
All DOCUMENTS regarding Defendant REBECCA REYES' knowledge that Defendant
JESUS REYES violated YOUR civil rights as set forth in the Ralph Civil Rights Act as codified in
Civil Code section 51.7.
Dated: February 12, 2024 TWITCHELL AND RICE, LLP
By: Cneenl FP. nine
Vincent T. Martinez
Attomey for Defendant REBECCA REYES
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DEFENDANT’S DEPOSITION NOTICE.
10 EXHIBIT “A”
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DEFENDANT’S DEPOSITION NOTICE
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ELECTRONICALLY FILED
Superior Court of California
County of Santa Barbara
Darrel E. Parker, Executive Officer
Ramin R. Younessi, Esq. (SBN 175020) 9/13/2022 5:58 PM
LAW OFFICES OF RAMIN R. YOUNESSI By: Madelyn Mercer, Deputy
A PROFESSIONAL LAW CORPORATION
3435 Wilshire Boulevard, Suite 2200
Los Angeles, California 90010
Telephone: (213) 480-6200
Facsimile: (213) 480-6201
Attorney for Plaintiff,
MARTI E. RAM:
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA BARBARA
10 22CV03495
MARTHA E. RAMIREZ, an individual, Case No.
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Plaintiff, COMPLAINT FOR DAMAGES FOR:
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Vv. 1 DISCRIMINATION IN VIOLATION OF
13 GOV’T CODE §§12940 ET SEQ.;
JESUS REYES, an individual; REBECCA
14 REYES, an individual; and DOES 1 through 20, HARASSMENT IN VIOLATION OF
inclusive, GOV’T CODE §§12940 ET SEQ.;
15
Defendants. RETALIATION IN VIOLATION OF
16 GOV’T CODE §§12940 ET SEQ.;
17 FOR DECLARATORY JUDGMENT;
18 BATTERY;
19 ASSAULT;
20 SEXUAL BATTERY (CIVIL CODE
§1708.5);
21
oye VIOLENCE (CIVIL CODE §
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23 SEXUAL HARASSMENT IN VIOLATION
OF CIVIL CODE §51.9;
24
10, VIOLATION OF THE RALPH CIVIL
25 RIGHTS ACT (CIVIL CODE §51.7); AND
26 11 VIOLATION OF THE TOM BANE CIVIL
RIGHTS ACT (CIVIL CODE §52.1)
27
28 DEMAND OVER $25,000
-l-
COMPLAINT FOR DAMAGES
{DEMAND FOR JURY TRIAL]
COMES NOW PLAINTIFF, MARTHA E. RAMIREZ, and for causes of action against the
Defendants and each of them, alleges as follows:
JURISDICTION
1 This Court is the proper court, and this action is properly filed in Santa Barbara County,
because Defendants’ obligations and liability arise therein, because Defendants transact business within
10
Santa Barbara County, and because the property that is the subject of this action is located in Santa
1}
Barbara County.
12
13
THE PARTIES
14
2 Plaintiff, Martha E. Ramirez, is and at all times relevant hereto was a resident of the
15
County of Santa Barbara, State of California.
16
3 Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant
17
hereto, Defendant JESUS REYES (hereinafter referred to as “JESUS”), was and is an individual residing
18
in and doing business in the County of Santa Barbara, State of California.
19
4 Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant
20
hereto, Defendant REBECCA REYES (hereinafter referred to as “REBECCA”) was and is an individual
21
residing in and doing business in the County of Santa Barbara, State of California.
22
5 JESUS and REBECCA are hereinafter collectively referred to as “Landlords”.
23
6. Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant
24
hereto, Landlords owned the real property located at 1027 Barrett Street, Santa Maria, CA 93454 at leased
25
it for rent.
26
7. At all times relevant herein, Landlords and DOES 1-20 were Plaintiff's rental property
27
owner, managing agency and/or person having legal or equitable right of ownership or possession or the
28
-2-
COMPLAINT FOR DAMAGES
right to rent or lease the property within the meaning of Government Code §§ 12955 and 12927,
subdivision (e).
8 The tme names and capacities, whether individual, corporate, associate, or otherwise, of
the Defendants named herein as DOES 1-20, inclusive, are unknown to Plaintiff at this time and therefore
said Defendants are sued by such fictitious names. Plaintiff will seek leave to amend this complaint to
insert the true names and capacities of said Defendants when the same become known to Plaintiff.
Plaintiff is informed and believes, and based thereupon alleges, that each of the fictitiously named
Defendants is responsible for the wrongful acts alleged herein, and is therefore liable to Plaintiff as
alleged hereinafter,
10 9. Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant
ll hereto, Defendants, and each of them, were the owners, agents, managing agents, brokers, coconspirators,
12 alter egos, successors, and/or joint ventures of the other Defendants, and each of them, and in doing the
13 things alleged herein, were acting at least in part within the course and scope of said agency, conspiracy,
14 ownership, alter ego status, successor status and/or joint venture and with the permission and consent of
15 each of the other Defendants.
16 10. Plaintiff is informed and believes, and based thereupon alleges, that Defendants, and each
17 of them, including those defendants named as DOES 1-20, acted in concert with one another to commit
18 the wrongful acts alleged herein, and aided, abetted, incited, compelled and/or coerced one another in the
19 wrongful acts alleged herein, and/or attempted to do so, including pursuant to Government Code
20 §12955(g). Plaintiff is further informed and believes, and based thereupon alleges, that Defendants, and
21 each of them, including those defendants named as DOES 1-20, and éach of them, formed and executed
22 a conspiracy or common plan pursuant to which they would commit the unlawful acts alleged herein,
23 with all such acts alleged herein done as part of and pursuant to said conspiracy, intended to cause and
24 actually causing Plaintiff harm.
25 ll. Whenever and wherever reference is made in this complaint to any act or failure to act by
26 a Defendant or co-Defendant, such allegations and references shall also be deemed to mean the acts
27 and/or failures to act by each Defendant acting individually, jointly and severally.
28
3.
COMPLAINT FOR DAMAGES
ALTER EGO, AGENCY, SUCCESSOR AND JOINT LANDLORD
12. Plaintiff is informed and believes, and based thereon alleges, that there exists such a unity
of interest and ownership between Landlords and DOES 1-20 that the individuality and separateness of
defendants have ceased to exist.
13. Plaintiff is informed and believes, and based thereon alleges, that despite the formation of
purported corporate existence, Landlords arid DOES 1-20 are, in reality, one and the same, including, but
not limited to because:
a, Landlords are completely dominated and controlled by one another and DOES 1-
20, who personally committed the frauds and violated the laws as set forth in this complaint, and who
10 have hidden and currently hide behind Defendants to perpetrate frauds, circumvent statutes, or
il accomplish some other wrongful or inequitable purpose.
12 b. Landlords and DOES 1-20 derive actual and significant monetary benefits by and
13 through one another’s unlawful conduct, and by using one another as the funding source for their own
14 personal expenditures,
1s c. Landlords and DOES 1-20, while really one and the same, were segregated to
16 appear as though separate and distinct for purposes of perpetrating a fraud, circumventing a statute, or
17 accomplishing some other wrongful or inequitable purpose.
18 d Landlords do not comply with all requisite corporate formalities to maintain a legal
19 and separate corporate existence.
20 €. The business affairs of Landlords and DOES 1-20 are, and at all times relevant
21 were, so mixed and intermingled that the same cannot reasonably be segregated, and the same are in
22 inextricable confusion. Landlords are, and at all times relevant hereto were, used by one another and
23 DOES 1-20 as a mere shell and conduit for the conduct of certain of Defendants’ affairs, and are, and
24 were, the alter ego of one another and DOES 1-20. The recognition of the separate existence of
25 Defendants would not promote justice, in that it would permit Defendants to insulate themselves from
26 liability to Plaintiff for violations of the Government Code and other statutory violations. The corporate
27 existence of Landlords and DOES 1-20 should be disregarded in equity and for the ends of justice because
28 such disregard is necessary to avoid fraud and injustice to Plaintiff herein.
ode
COMPLAINT FOR DAMAGES
se
14, Accordingly, Landlords constitute the alter ego of one another and DOES 1-20, and the
fiction of their separate corporate existence must be disregarded.
15. As a result of the aforementioned facts, Plaintiff is informed and believes, and based
thereon alleges that Landlords and DOES 1-20 are Plaintiff's Landlords by virtue of a joint enterprise,
and that Plaintiff was a tenant of Landlords and DOES 1-20 property. Plaintiff rented from each and
every one of Defendants, and to the mutual benefit of all Defendants, and all Defendants shared control
of Plaintiff's rental property, either directly or indirectly, and the manner in which Defendants’ business
was and is conducted.
16, Alternatively, Plaintiff is informed and believes and, based thereupon alleges, that as and
10 between DOES 1-20, Landlords, or any of them, (1) there is an express or implied agreement of
11 assumption pursuant to which Landlords and/or DOES 1-20 agreed to be liable for the debts of the other
12 Defendants, (2) the transaction between Landlords and/or DOES 1-20 and the other Defendants amounts
13 to a consolidation or merger of the two corporations, (3) Landlords and/or DOES 1-20 are a mere
14 continuation of the other Defendants, or (4) the transfer of assets to Landlords and/or DOES 1-20 is for
15 the fraudulent purpose of escaping liability for Defendants’ debts. Accordingly, Landlords and/or DOES
16 1-20 are the successors of one or more of the other Defendants and are liable on that basis.
17
18 FACTUAL ALLEGATIONS
19 17. Plaintiff entered into a rental agreement with the Landlord Defendants, JESUS and
20 REBECCA REYES, to lease Defendants’ real property located at 1027 Barrett St, Santa Maria, CA
21 93458 (the “Rental Property”).
22 18. On or about November 28, 2020, without giving prior notice to Plaintiff, JESUS entered
23 the Rental Property through the back door.
24 19. Plaintiff was present and alone at the Rental Property and was shocked to see JESUS.
25 Plaintiff asked JESUS what he was doing on the Rental Property as she did not give him permission to
26 enter. JESUS told Plaintiff to shut up, pulled down his pants, and began to sexually batter Plaintiff.
27 20. Plaintiff fought back and screamed at JESUS to stop, saying that her daughter would be
28 home at any moment. JESUS told Plaintiff that he knew that Plaintiff's daughter was not coming home
5
COMPLAINT FOR DAMAGES
saint
because she was in Los Angeles. Plaintiff does not know how JESUS knew this information, but it was
true that Plaintiff's daughter
Preview
ELECTRONICALLY FILED Vincent T. Martinez, SBN 174157 Superior Court of California TWITCHELL AND RICE, LLP County of Santa Barbara 215 North Lincoln Street Darrel E. Parker, Executive Officer P. O. Box 520 5/21/2024 10:27 AM Santa Maria, CA 93456 By: Miroslava Pena-Bautista , Deputy Telephone: (805) 925-2611 Facsimile: (805) 925-1635 Email: vmartinez@twitchellandrice.com Email: llimone@twitchellandrice.com Attorneys for Defendant REBECCA REYES SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA BARBARA - COOK DIVISION 10 11 MARTHA E. RAMIREZ, an Individual, Case No. 22CV03495 12 Plaintiff, NOTICE OF MOTION AND MOTION TO COMPEL APPEARANCE OF 13 vs. PLAINTIFF AT DEPOSITION, PRODUCTION OF DOCUMENTS, 14 JESUS REYES, an individual; REBECCA AND FOR SANCTIONS; REYES, an Individual; and DOES 1 through 20, MEMORANDUM OF POINTS AND 15 Inclusive, AUTHORITIES; DECLARATION OF VINCENT T. MARTINEZ; EXHIBITS 16 Defendants. IN SUPPORT OF 17 Date: 6/20/2024 Time: 8:30 a.m. 18 Dept: SM4 19 Assigned Judge: Hon Jed Beebe 20 Complaint Filed: September 13, 2022 21 TO PETITIONER MARTHA E. RAMIREZ AND TO HER ATTORNEY OF 22 RECORD: 23 PLEASE TAKE NOTICE that on June 20, 2024 at 8:30 a.m., or as soon thereafter as 24 the matter may be heard, in Department SM4 of the above entitled court, located at 312 E. Cook Street, 25 Santa Maria, California, Defendant REBECCA REYES (hereafter “Defendant”) will move for an order 26 compelling the appearance of Plaintiff MARTHA E. RAMIREZ (hereinafter “Plaintiff’) at a 27 deposition, for production of documents at the deposition, and for sanctions . 28 Defendant will further move the Court for an order that Plaintiff pay a monetary 1 NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND APPEARANCE AT DEPOSITION sanction to the moving party in the amount of $2,782.05 as the reasonable fees and costs incurred by the Plaintiff in bringing this motion pursuant to Code of Civil Procedure §2025.450(g). This motion is made on the grounds that the Plaintiff failed to appear at a properly noticed deposition as required in Code of Civil Procedure §2025.280. The testimony and information sought from Plaintiff's appearance and production of documents are relevant to the subject matter of this action since they can only be obtained from the Plaintiff. In addition, the Plaintiff’s failure to comply is without substantial justification, and is causing harm to Defendant since the delay harms Defendant’s preparation for trial. This motion is made pursuant to Code of Civil Procedure §2025.480 and is based on the Notice of Motion, on the Declaration of Vincent T. Martinez, the Memorandum of Points and Authorities, 10 the Exhibits attached hereto, the complete files and records in this action, and on such further and ll additional evidence as may be presented at the hearing on the motion. 12 13 WITCHELL AND RICE, LLP 14 15 Dated: May_2&\_, 2024 By. Vincent T. Martinez 16 Attorney for Defendant REBECCA REYES 17 18 19 20 21 22 23 24 25 26 27 28 2 NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND APPEARANCE AT DEPOSITION I MEMORANDUM OF POINTS AND AUTHORITIES INTRODUCTION AND SUMMARY OF FACTS On September 13, 2022, Plaintiff filed a Complaint for Damages for Discrimination in Violation of Government Code §§12940 ET SEQ, Harassment in Violation of Government Code §§12940 ET SEQ, Retaliation in Violation of Government Code §§12940 ET SEQ, for Declaratory Judgement, Battery, Assault, Sexual Batter (Civil Code §1708.5), Gender Violence (Civil Code §52.4), Sexual Harassment in Violation of Civil Code §51.9, Violation of the Ralph Civil Rights Act (Civil Code §51.7), and Violation of the Tom Bane Civil Rights Act (Civil Code §52.1). On March 14, 2023, 10 Defendant filed her answer to the Complaint. We also stipulate to the first amended complaint to 11 enable a full and complete deposition of Plaintiff on all issues. Defendant served the original 12 Deposition Notice and Request for Production of Documents upon Plaintiff, on February 12, 2024, 13 which set the date of March 28, 2024, as the date of Plaintiffs deposition and production of documents 14 (hereinafter “Deposition Notice” which is hereto attached as Exhibit “A”). At Plaintiff's request, the 15 deposition was then rescheduled to April 11, 2024 (See Exhibit “B”). Thereafter, the deposition was 16 rescheduled, again at Plaintiffs request, to April 23, 2024 (See Exhibit “C”). On April 19, 2024, 17 Plaintiff's attorney, Setareh Panah (hereinafter “Attorney Panah”), emailed Defendant’s attorney, 18 Vincent T. Martinez (hereinafter “Attorney Martinez”), stating that she was unable to obtain 19 confirmation of Plaintiff's appearance at the upcoming deposition. Attorney Martinez offered to 20 conduct the deposition via Zoom to further try and accommodate Plaintiff (See Exhibit “D”). 21 When the deposition of Plaintiff was rescheduled to April 23, 2024, Plaintiff was 22 warned by Attorney Martinez that if Plaintiff did not appear at the deposition, that a motion to compel 23 would be filed. On April 23, 2024 the deposition commenced pursuant to the notice (See Exhibit “C”). 24 However, Plaintiff did not appear. Vincent T. Martinez (hereinafter “Attorney Martinez”) made a 25 record of Plaintiff's non-appearance. The transcript for the non-appearance is attached as Exhibit “E.” 26 The court reporter fees totaled $864.55 (See Exhibit “F”). 27 After the Plaintiff failed to appear at the properly noticed deposition, Attorney Martinez 28 reached out to Plaintiff's counsel, Setareh Panah, in an attempt to remedy Plaintiffs non-appearance. 3 NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND APPEARANCE AT DEPOSITION, Attorney Panah then informed Attorney Martinez that she was in the process of filing a motion to be relieved as counsel (See Attachment “D”). The delay by the Plaintiffis harmful to the Defendant in that the information (testimony and production of documents) is necessary to the Defendant’s preparation for trial. Attorney Martinez’s hourly rate is $425.00. Attorney Martinez spent approximately 1.80 hours preparing the deposition notice and appearing at the deposition. Attorney Martinez spent 1.50 hours preparing this motion, and itis anticipated that Attorney Martinez will spend another 1.0 hour preparing for and appearing for this motion, for a total of $1,827.50, plus $864.55 charged by the court reporter who was reserved for the depositions and provided the Non-Appearance Transcript. The cost of filing this motion is $90.00. 10 The Defendant therefore requests monetary sanctions in the amount of $2,752.05, against the 11 Plaintiff and for the order to compel appearance of Plaintiff at deposition and for the production of the 12 requested documents be granted. 13 IL 14 ARGUMENT 15 A. The Defendant Properly Noticed the Deposition of Plaintiff. 16 Defendant properly noticed the deposition of Plaintiff pursuant to the requirements of 17 Code of Civil Procedure §§2025.20 - 2025.280 three times, and at Plaintiffs request, continued the 18 deposition two times. Prior to each continuance, Attorney Martinez tried to accommodate and work 19 with Plaintiff’ s requests. Despite Defendant’ s efforts to accommodate Plaintiff, and Attorney Martinez 20 making it clear that if Plaintiff does not appear that Defendant will move for this very motion, Plaintiff 21 failed to appear at the properly noticed deposition on April 23, 2024. 22 B. Sanctions Are Appropriate Under Code of Civil Procedure 23 §§2023.010(d); 2023.030; 2025.450 (g). 24 Code of Civil Procedure §§2023.030 (d) defined “[mlisuses of the discovery process 25 include, but are not limited to, the following: (d) failing to respond or submit to an authorized 26 method of discovery.” Id. Here, it is clear that Plaintiff s failure to appear at the Notice Deposition and 27 failure to produce documents is a misuse of the discovery process. 28 Code of Civil Procedure §§2023.030 reads: 4 NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND APPEARANCE AT DEPOSITION, “To the extent authorized by the chapter governing any particular discovery method or any other provision of this title, the court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose the following sanctions against anyone engaging in conduct that is a misuse of the discovery process: (a) The court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct. The court may also impose this sanction on one unsuccessfully asserting that another has engaged in the misuse of the discovery process, or on any attorney who advised that assertion, or on both. Ifa monetary sanction is authorized by any provision of this title, the court shall impose that sanction unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (b) The court may impose an issue sanction ordering that designated facts shall be taken as established in the action in accordance with the claim of the party adversely affected by the misuse of the discovery process. The 10 court may also impose an issue sanction by an order prohibiting any party engaging in the misuse of the discovery process from supporting or 11 opposing designated claims or defenses. (c) The court may impose an evidence sanction by an order prohibiting any 12 party engaging in the misuse of the discovery process from introducing designated matters in evidence. 13 (d) The court may impose a terminating sanction by one of the following orders: 14 (1) An order striking out the pleadings or parts of the pleadings of any party engaging in the misuse of the discovery process. 15 (2) An order staying further proceedings by that party until an order for discovery is obeyed. 16 (3) An order dismissing the action, or any part of the action, of that party. (4) An order rendering a judgment by default against that party. 17 (e) The court may impose a contempt sanction by an order treating the misuse of the discovery process as a contempt of court. 18 ((1) Notwithstanding subdivision (a), or any other section of this title, absent exceptional circumstances, the court shall not impose sanctions on 19 a party or any attorney ofa party for failure to provide electronically stored information that has been lost, damaged, altered, or overwritten as the result 20 of the routine, good faith operation of an electronic information system. (2) This subdivision shall not be construed to alter any obligation to 21 preserve discoverable information.” Id. 22 23 Here, Defendant is requesting monetary sanctions of $2,752.05 since the discovery misuse by the 24 Plaintiff has barred Defendant from effectively defending herself against the herein matter (See 25 Declaration of Vincent T. Martinez). 26 Code of Civil Procedure §§2023.030; 2025.450(g) reads: 27 “(g)(1) If a motion under subdivision (a) is granted, the court shall impose amonetary sanction under Chapter 7 (commencing with Section 2023.010) 28 in favor of the party who noticed the deposition and against the deponent 5 NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND APPEARANCE AT DEPOSITION or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. (2) On motion of any other party who, in person or by attorney, attended at the time and place specified in the deposition notice in the expectation that the deponent's testimony would be taken, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) in favor of that party and against the deponent or the party with whom the deponent is affiliated, unless the court finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” Id. Here, in spite of Defendant’s efforts to resolve Plaintiff's non-appearance at her deposition by emailing Plaintiff’ s counsel after the non-appearance (See Exhibit “D”), Defendant has 10 not been able to schedule Plaintiff's deposition. 11 Cc. Motion to Compel is Appropriate under Code of Civil 12 Procedure §2025.480 13 Plaintiff failed to appear or produce any documents at the deposition on April 23, 2024. Thus, 14 Defendant has the right under Code of Civil Procedure §2025.480 to file amotion to compel Plaintiff's 15 appearance at deposition and for the production of documents. 16 D. Plaintiff Should be Held in Contempt for failure to Obey 17 Court Orders Should Plaintiff Fail to Appear After Motion 18 is Granted under Code of Civil Procedure §2025.480(k) 19 Should Plaintiff fail to appear at the deposition, produce documents, or pay sanctions the Court 20 should hold Plaintiff in contempt for failure to obey an order of the court as provided for under Code 21 of Civil Procedure §2025.480(k). In addition, as Plaintiff is a party to the action, the Court should 22 impose an issue sanction, an evidence sanction, a terminating sanction, and a monetary sanction. 23 MW 24 Mt 25 MW 26 Mt 27 Mt 28 Mt 6 NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND APPEARANCE AT DEPOSITION Til. CONCLUSION Based on the foregoing, the Defendant respectfully requests that this Court compel the Plaintiff to appear at deposition, produce the requested documents, and pay $2,782.05 in monetary sanctions (See Declaration of Vincent T. Martinez). Respectfully submitted, TWITCHELL AND RICE, LLP Dated: May _2\_, 2024 y ZA ZE inCent T. Martinez 10 Attorney for Defendant REBECCA REYES 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 iOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND APPEARANCE AT DEPOSITION DECLARATION OF VINCENT T. MARTINEZ I, Vincent T. Martinez, declare: 1 Iam an attorney licensed to practice before all courts in the State of California and am a partner in the law firm of Twitchell And Rice, LLP, the attorney for record for the moving party, Defendant REBECCA REYES (“the Defendant”). The following ‘statements are within my personal knowledge and if called as a witness, I could and would competently testify thereto. 2. On September 13, 2022, Plaintiff filed a Complaint for Damages for Discrimination in Violation of Government Code §§12940 ET SEQ, Harassment in Violation of Government Code §§12940 ET SEQ, Retaliation in Violation of Government Code §§12940 ET SEQ, 10 for Declaratory Judgement, Battery, Assault, Sexual Batter (Civil Code §1708.5), Gender Violence 11 (Civil Code §52.4), Sexual Harassment in Violation of Civil Code §51.9, Violation of the Ralph Civil 12 Rights Act (Civil Code §51.7), and Violation of the Tom Bane Civil Rights Act (Civil Code §52.1). 13 On March 14, 2023, Defendant filed her answer to the Complaint. 14 3. On February 12, 2024 this office served the Deposition Notice and Request for 15 Production of Documents upon Plaintiff (hereinafter “Deposition Notice”). Attached hereto as Exhibit 16 “A” is a true and correct copy of the Deposition Notice with Proof of Service, therefore, at Plaintiff's 17 request, the deposition was rescheduled to April 11, 2024. Attached hereto as Exhibit “B” is a true and 18 correct copy of the Amended Deposition Notice with Proof of Service. Then, once again at Plaintiff's 19 request, the deposition was rescheduled to April 23, 2024. Attached hereto as Exhibit “C” is a true and 20 correct copy of the Second Amended Deposition Notice with Proof of Service. On April 19, 2024, 21 Plaintiff's attorney, Setareh Panah, emailed me stating that she was unable to obtain confirmation for 22 Plaintiffs appearance at the upcoming deposition. I offered to conduct the deposition via Zoom to 23 further try and accommodate for Plaintiff. Attached hereto as Exhibit “D” is a true and correct copy 24 of the correspondence between attorney Panah and me. 25 4. On April 23, 2024 the deposition commenced pursuant to the notice. Although 26 attorney Panah appeared via Zoom, Plaintiff failed to appear. | made a record of Plaintiffs non- 27 appearance. Attached hereto as Exhibit “E” is a true and correct copy of the transcript for the non- 28 appearance. The Court reporter fees totaled $864.55. Attached hereto as Exhibit “F” is a true and 8 NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND APPEARANCE AT DEPOSITION correct copy of the invoice from the court reporter. 5 After Plaintiff failed to appear at the properly noticed deposition, I contacted attorney Panah to inquire about a remedy for Plaintiffs non-appearance at the deposition. Attorney Panah informed me that they were in the process of filing a motion to be relieved as counsel. Attached hereto as Exhibit “D” is a true and correct copy of the correspondence between Defendant’s and Plaintiffs counsel. 6 The delay by the Plaintiff is harmful to the Defendant in that the information is necessary to the my preparation for trial. My hourly rate is $425.00. I spent approximately 1.80 hours preparing the deposition notice and appearing at the deposition. I spent 1.50 hours preparing this 10 motion, and it is anticipated that I will spend another 1.0 hour preparing for and appearing for this 11 motion, for a total of $1,827.50, plus $864.55 charged by the court reporter who was reserved for the 12 depositions and provided the Non-Appearance transcript. The costs of filing this motion is $90.00. 13 7 lam requesting monetary sanctions of $2,782.05 since the discovery 14 misuse by Plaintiff has barred me from effectively defending Defendant in the herein matter. 15 8 I further request that Plaintiff be compelled to appear for deposition forthwith 16 and to produce the requested documents. 17 9 Plaintiff has ignored efforts to resolve Plaintiffs refusal to appear at deposition 18 therefore, sanctions against Plaintiff are warranted. 19 I declare under penalty of perjury under the laws of the state of California that the forgoing 20 is true and correct. 21 Executed on May 2! , 2024 at Santa Maria, California 22 23 ZVincent T. Martinez 24 25 26 27 28 9 NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND APPEARANCE AT DEPOSITION 10 11 12 13 14 Exhibit “A” 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND APPEARANCE AT DEPOSITION i! Vincent T. Martinez, SBN 174157 TWITCHELL AND RICE, LLP 215 North Lincoln Street P. O. Box 520 Santa Maria, CA 93456 Telephone: (805) 925-2611 Facsimile: (805) 925-1635 Attorneys for Defendant REBECCA REYES SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA BARBARA - COOK DIVISION MARTHA E. RAMIREZ, an Individual, Case No. 22CV03495 10 Plaintiff, NOTICE OF TAKING DEPOSITION 11 OF PLAINTIFF MARTHA E. vs. RAMIREZ AND FOR PRODUCTION 12 OF DOCUMENTS JESUS REYES, an individual; REBECCA 13 REYES, an Individual; and DOES 1 through 20, Date: March 28, 2024 Inclusive, Time: 9:00 a.m. 14 Location: Twitchell and Rice, LLP Defendants. 215 N. Lincoln St. 15 Santa Maria, CA 93458 16 Complaint Filed: September 13, 2022 17 Unlimited Civil 18 [Assigned Judge: Hon Jed Beebe] 19 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: 20 PLEASE TAKE NOTICE that Defendant REBECCA REYES (hereinafter “Defendant”) will 21 take the deposition of Plaintiff MARTHA E. RAMIREZ as follows: 22 DATE: March 28, 2024 23 TIME: 9:00 a.m. 24 LOCATION: Law Office of Twitchell and Rice, LLP 215 N. Lincoln Street 25 Santa Maria, CA 93458 26 Said deposition will be taken upon oral examination before a notary public, and will continue 27 from day to day thereafter, Sundays and holidays excluded, until completed. 28 If an interpreter is required to translate testimony, notice of same must be given within five 1 DEFENDANT’S DEPOSITION NOTICE days before the scheduled deposition, and the specific language and/or dialect designated. PLEASE TAKE FURTHER NOTICE that Respondent reserves the right to record the deposition testimony of the above-identified deponent by videotape and instant visual display in addition to recording the testimony by stenographic method, pursuant to Code of Civil Procedure sections 2025.220(a)(5) and 2025.330. Respondent reserves the right to use the videotape deposition at time of trial. NOTICE IS FURTHER GIVEN that the above-named deponent is required to bring with him to the deposition the following documents: DEFINITIONS 10 The following definitions are utilized in this Request for Production of Documents. Whenever 11 a defined word is used in this Demand for Production, that word is capitalized. Reference should be 12 made to these definitions in preparing the responses to this Demand for Production. 13 1. “DOCUMENT” shall mean any written, recorded, graphic or pictorial matter, however 14 produced or reproduced. The term “documents” includes, without limitation, writings (including those 15 made ontables and notebooks), facsimiles, electronic mail, electronic messaging (including iMessage, 16 WhatsApp, or other text messaging application), correspondence, interoffice communications, 17 minutes, reports, memoranda, notes, schedules, drawings, photographs, tables, graphs, charts, maps, 18 surveys, time cards, books of account, ledgers, invoices, receipts, purchase orders, contract, bills, 19 checks, drafts, wage statements, wage stubs, recordings, information stored in any form, including 20 electronic and optical, and all other such documents, tangible or retrievable, of any kind. “Documents” 21 includes any addenda, changes, additions or deletions made to any documents, and all drafts 22 preliminary versions of documents. “Documents” also includes any copies of documents. 23 2. "COMMUNICATION" shall mean any oral or written exchange of words, thoughts 24 or ideas to another person(s), whether person-to-person, in a group, by telephone, by letter, by telex, 25 by facsimile, by e-mail, texts, Facebook and other social media, by legal pleading or any other process, 26 verbal, written, electric or otherwise. 27 3 “PERSON?” includes a natural person, family member, firm, association, organization, 28 partnership, business, trust, corporation, limited liability company, limited partnership, or public entity. 2 DEFENDANT’S DEPOSITION NOTICE 4 "YOU" and "YOUR" shall mean MARTHA E. RAMIREZ as an individual, and any PERSON acting on YOUR behalf. For purposes of these interrogatories, the word “PERSON” or “PERSONS” shall mean anatural person, firm, association, organization, partnership, business, trust, corporation, limited liability company, limited partnership, or public entity. 5 "COMPLAINT" shall mean the verified complaint filed with the Santa Barbara County Superior Court on September 13, 2022, assigned Case No. 22CV03495 attached hereto as Exhibit “A” 6. "INCIDENT" shall mean the circumstances and events surrounding or regarding the injury or occurrence(s) YOU allege in YOUR COMPLAINT. 10 7. "PROPERTY" shall mean 1027 Barrett Street, Santa Maria, California. 11 State all facts regarding YOUR contention that 12 DOCUMENTS TO BE PRODUCED 13 Request For Production No. 1. 14 All DOCUMENTS regarding any and all COMMUNICATIONS between YOU or any 15 PERSON acting on YOUR behalf and Defendant Rebecca Reyes for the period of January 1, 2010, 16 to the present. 17 Request For Production No. 2. 18 All DOCUMENTS regarding any and application or request regarding immigrating to the 19 United States of America or visa or residency with the United States of America from and after 20 January 1, 2015 through the present. 21 Request For Production No. 3. 22 All DOCUMENTS regarding any and all COMMUNICATIONS between YOU or any 23 PERSON acting on YOUR behalf and any agency or department of the Unites States of America from 24 and after January 1, 2015 through the present. 25 Request For Production No. 4. 26 All DOCUMENTS regarding any and all COMMUNICATIONS between YOU or any 27 PERSON acting on YOUR behalf and any other PERSON regarding the INCIDENT. 28 DEFENDANT’S DEPOSITION NOTICE See Request For Production No. 5. All DOCUMENTS regarding YOUR contention that Defendant Jesus REYES acted in concert with Defendant REBECCA REYES to commit the wrongful acts that YOU allege in the COMPLAINT were committed upon YOU and YOUR person. Request For Production No. 6. All DOCUMENTS regarding Defendant REBECCA REYES having knowledge of Defendant JESUS REYES wrongful acts that YOU allege in the COMPLAINT Defendant JESUS REYES committed upon YOU and YOUR person. Request For Production No. 7. 10 All DOCUMENTS regarding YOUR contention that the actions of Defendant JESUS REYES 11 as alleged in the COMPLAINT were made possible by Defendant REBECCA REYES. 12 Request For Production No. 8. 13 All DOCUMENTS regarding Defendant REBECCA REYES having knowledge of Defendant 14 JESUS REYES harassing YOU on the basis of sex resulting in adverse housing actions as alleged in 15 the COMPLAINT. 16 Request For Production No. 9, 17 All DOCUMENTS regarding Defendant REBECCA REYES harassing YOU on the basis of 18 sex resulting in adverse housing actions as alleged in the COMPLAINT. 19 Request For Production No. 10. 20 All DOCUMENTS regarding Defendant REBECCA REYES having knowledge of Defendant 21 JESUS REYES discriminating against YOU on the basis of YOUR engagement in protected activities 22 resulting in adverse housing actions as alleged in the COMPLAINT. 23 Request For Production No. 11. 24 All DOCUMENTS regarding Defendant REBECCA REYES discriminating against YOU on 25 the basis of YOUR engagement in protected activities resulting in adverse housing actions as alleged 26 in the COMPLAINT. 27 Request For Production No. 12. 28 All DOCUMENTS regarding Defendant REBECCA REYES having knowledge of Defendant 4 DEFENDANT’S DEPOSITION NOTICE JESUS REYES harassing YOU on the basis of YOUR engagement in protected activities resulting in adverse housing actions as alleged in the COMPLAINT. Request For Production No. 13. All DOCUMENTS regarding Defendant REBECCA REYES harassing YOU on the basis of YOUR engagement in protected activities resulting in adverse housing actions as alleged in the COMPLAINT. Request For Production No. 14. All DOCUMENTS regarding Defendant REBECCA REYES having knowledge of Defendant JESUS REYES violated the Fair Employment And Housing Act by retaliating against YOU due to 10 YOU complaining about discriminatory conduct as alleged in the COMPLAINT. 11 Request For Production No. 15. 12 All DOCUMENTS regarding Defendant REBECCA REYES violated the Fair Employment 13 And Housing Act by retaliating against YOU due to YOU complaining about discriminatory conduct 14 as alleged in the COMPLAINT. 15 Request For Production No. 16. 16 All DOCUMENTS regarding YOUR contention that YOU were wrongfully evicted from the 17 PROPERTY. 18 Request For Production No. 17. 19 All DOCUMENTS regarding YOUR contention that Defendant REBECCA REYES is 20 vicariously liable for the conduct of Defendant JESUS REYES as alleged in the COMPLAINT. 21 Request For Production No. 18. 22 All DOCUMENTS regarding Defendant REBECCA REYES' knowledge that Defendant 23 JESUS REYES ' conduct subjected YOU to cruel and unjust hardship in conscious disregard of YOUR 24 tight to be free from interference by intimidation. 25 Request For Production No. 19. 26 All DOCUMENTS regarding Defendant REBECCA REYES violating YOUR civil rights as 27 set forth in the Ralph Civil Rights Act as codified in Civil Code section 51.7. 28 DEFENDANT’S DEPOSITION NOTICE see Request For Production No. 20. All DOCUMENTS regarding Defendant REBECCA REYES' knowledge that Defendant JESUS REYES violated YOUR civil rights as set forth in the Ralph Civil Rights Act as codified in Civil Code section 51.7. Dated: February 12, 2024 TWITCHELL AND RICE, LLP By: Cneenl FP. nine Vincent T. Martinez Attomey for Defendant REBECCA REYES 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFENDANT’S DEPOSITION NOTICE. 10 EXHIBIT “A” 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFENDANT’S DEPOSITION NOTICE “ ELECTRONICALLY FILED Superior Court of California County of Santa Barbara Darrel E. Parker, Executive Officer Ramin R. Younessi, Esq. (SBN 175020) 9/13/2022 5:58 PM LAW OFFICES OF RAMIN R. YOUNESSI By: Madelyn Mercer, Deputy A PROFESSIONAL LAW CORPORATION 3435 Wilshire Boulevard, Suite 2200 Los Angeles, California 90010 Telephone: (213) 480-6200 Facsimile: (213) 480-6201 Attorney for Plaintiff, MARTI E. RAM: SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA BARBARA 10 22CV03495 MARTHA E. RAMIREZ, an individual, Case No. 11 Plaintiff, COMPLAINT FOR DAMAGES FOR: 12 Vv. 1 DISCRIMINATION IN VIOLATION OF 13 GOV’T CODE §§12940 ET SEQ.; JESUS REYES, an individual; REBECCA 14 REYES, an individual; and DOES 1 through 20, HARASSMENT IN VIOLATION OF inclusive, GOV’T CODE §§12940 ET SEQ.; 15 Defendants. RETALIATION IN VIOLATION OF 16 GOV’T CODE §§12940 ET SEQ.; 17 FOR DECLARATORY JUDGMENT; 18 BATTERY; 19 ASSAULT; 20 SEXUAL BATTERY (CIVIL CODE §1708.5); 21 oye VIOLENCE (CIVIL CODE § 22 23 SEXUAL HARASSMENT IN VIOLATION OF CIVIL CODE §51.9; 24 10, VIOLATION OF THE RALPH CIVIL 25 RIGHTS ACT (CIVIL CODE §51.7); AND 26 11 VIOLATION OF THE TOM BANE CIVIL RIGHTS ACT (CIVIL CODE §52.1) 27 28 DEMAND OVER $25,000 -l- COMPLAINT FOR DAMAGES {DEMAND FOR JURY TRIAL] COMES NOW PLAINTIFF, MARTHA E. RAMIREZ, and for causes of action against the Defendants and each of them, alleges as follows: JURISDICTION 1 This Court is the proper court, and this action is properly filed in Santa Barbara County, because Defendants’ obligations and liability arise therein, because Defendants transact business within 10 Santa Barbara County, and because the property that is the subject of this action is located in Santa 1} Barbara County. 12 13 THE PARTIES 14 2 Plaintiff, Martha E. Ramirez, is and at all times relevant hereto was a resident of the 15 County of Santa Barbara, State of California. 16 3 Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant 17 hereto, Defendant JESUS REYES (hereinafter referred to as “JESUS”), was and is an individual residing 18 in and doing business in the County of Santa Barbara, State of California. 19 4 Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant 20 hereto, Defendant REBECCA REYES (hereinafter referred to as “REBECCA”) was and is an individual 21 residing in and doing business in the County of Santa Barbara, State of California. 22 5 JESUS and REBECCA are hereinafter collectively referred to as “Landlords”. 23 6. Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant 24 hereto, Landlords owned the real property located at 1027 Barrett Street, Santa Maria, CA 93454 at leased 25 it for rent. 26 7. At all times relevant herein, Landlords and DOES 1-20 were Plaintiff's rental property 27 owner, managing agency and/or person having legal or equitable right of ownership or possession or the 28 -2- COMPLAINT FOR DAMAGES right to rent or lease the property within the meaning of Government Code §§ 12955 and 12927, subdivision (e). 8 The tme names and capacities, whether individual, corporate, associate, or otherwise, of the Defendants named herein as DOES 1-20, inclusive, are unknown to Plaintiff at this time and therefore said Defendants are sued by such fictitious names. Plaintiff will seek leave to amend this complaint to insert the true names and capacities of said Defendants when the same become known to Plaintiff. Plaintiff is informed and believes, and based thereupon alleges, that each of the fictitiously named Defendants is responsible for the wrongful acts alleged herein, and is therefore liable to Plaintiff as alleged hereinafter, 10 9. Plaintiff is informed and believes, and based thereupon alleges, that at all times relevant ll hereto, Defendants, and each of them, were the owners, agents, managing agents, brokers, coconspirators, 12 alter egos, successors, and/or joint ventures of the other Defendants, and each of them, and in doing the 13 things alleged herein, were acting at least in part within the course and scope of said agency, conspiracy, 14 ownership, alter ego status, successor status and/or joint venture and with the permission and consent of 15 each of the other Defendants. 16 10. Plaintiff is informed and believes, and based thereupon alleges, that Defendants, and each 17 of them, including those defendants named as DOES 1-20, acted in concert with one another to commit 18 the wrongful acts alleged herein, and aided, abetted, incited, compelled and/or coerced one another in the 19 wrongful acts alleged herein, and/or attempted to do so, including pursuant to Government Code 20 §12955(g). Plaintiff is further informed and believes, and based thereupon alleges, that Defendants, and 21 each of them, including those defendants named as DOES 1-20, and éach of them, formed and executed 22 a conspiracy or common plan pursuant to which they would commit the unlawful acts alleged herein, 23 with all such acts alleged herein done as part of and pursuant to said conspiracy, intended to cause and 24 actually causing Plaintiff harm. 25 ll. Whenever and wherever reference is made in this complaint to any act or failure to act by 26 a Defendant or co-Defendant, such allegations and references shall also be deemed to mean the acts 27 and/or failures to act by each Defendant acting individually, jointly and severally. 28 3. COMPLAINT FOR DAMAGES ALTER EGO, AGENCY, SUCCESSOR AND JOINT LANDLORD 12. Plaintiff is informed and believes, and based thereon alleges, that there exists such a unity of interest and ownership between Landlords and DOES 1-20 that the individuality and separateness of defendants have ceased to exist. 13. Plaintiff is informed and believes, and based thereon alleges, that despite the formation of purported corporate existence, Landlords arid DOES 1-20 are, in reality, one and the same, including, but not limited to because: a, Landlords are completely dominated and controlled by one another and DOES 1- 20, who personally committed the frauds and violated the laws as set forth in this complaint, and who 10 have hidden and currently hide behind Defendants to perpetrate frauds, circumvent statutes, or il accomplish some other wrongful or inequitable purpose. 12 b. Landlords and DOES 1-20 derive actual and significant monetary benefits by and 13 through one another’s unlawful conduct, and by using one another as the funding source for their own 14 personal expenditures, 1s c. Landlords and DOES 1-20, while really one and the same, were segregated to 16 appear as though separate and distinct for purposes of perpetrating a fraud, circumventing a statute, or 17 accomplishing some other wrongful or inequitable purpose. 18 d Landlords do not comply with all requisite corporate formalities to maintain a legal 19 and separate corporate existence. 20 €. The business affairs of Landlords and DOES 1-20 are, and at all times relevant 21 were, so mixed and intermingled that the same cannot reasonably be segregated, and the same are in 22 inextricable confusion. Landlords are, and at all times relevant hereto were, used by one another and 23 DOES 1-20 as a mere shell and conduit for the conduct of certain of Defendants’ affairs, and are, and 24 were, the alter ego of one another and DOES 1-20. The recognition of the separate existence of 25 Defendants would not promote justice, in that it would permit Defendants to insulate themselves from 26 liability to Plaintiff for violations of the Government Code and other statutory violations. The corporate 27 existence of Landlords and DOES 1-20 should be disregarded in equity and for the ends of justice because 28 such disregard is necessary to avoid fraud and injustice to Plaintiff herein. ode COMPLAINT FOR DAMAGES se 14, Accordingly, Landlords constitute the alter ego of one another and DOES 1-20, and the fiction of their separate corporate existence must be disregarded. 15. As a result of the aforementioned facts, Plaintiff is informed and believes, and based thereon alleges that Landlords and DOES 1-20 are Plaintiff's Landlords by virtue of a joint enterprise, and that Plaintiff was a tenant of Landlords and DOES 1-20 property. Plaintiff rented from each and every one of Defendants, and to the mutual benefit of all Defendants, and all Defendants shared control of Plaintiff's rental property, either directly or indirectly, and the manner in which Defendants’ business was and is conducted. 16, Alternatively, Plaintiff is informed and believes and, based thereupon alleges, that as and 10 between DOES 1-20, Landlords, or any of them, (1) there is an express or implied agreement of 11 assumption pursuant to which Landlords and/or DOES 1-20 agreed to be liable for the debts of the other 12 Defendants, (2) the transaction between Landlords and/or DOES 1-20 and the other Defendants amounts 13 to a consolidation or merger of the two corporations, (3) Landlords and/or DOES 1-20 are a mere 14 continuation of the other Defendants, or (4) the transfer of assets to Landlords and/or DOES 1-20 is for 15 the fraudulent purpose of escaping liability for Defendants’ debts. Accordingly, Landlords and/or DOES 16 1-20 are the successors of one or more of the other Defendants and are liable on that basis. 17 18 FACTUAL ALLEGATIONS 19 17. Plaintiff entered into a rental agreement with the Landlord Defendants, JESUS and 20 REBECCA REYES, to lease Defendants’ real property located at 1027 Barrett St, Santa Maria, CA 21 93458 (the “Rental Property”). 22 18. On or about November 28, 2020, without giving prior notice to Plaintiff, JESUS entered 23 the Rental Property through the back door. 24 19. Plaintiff was present and alone at the Rental Property and was shocked to see JESUS. 25 Plaintiff asked JESUS what he was doing on the Rental Property as she did not give him permission to 26 enter. JESUS told Plaintiff to shut up, pulled down his pants, and began to sexually batter Plaintiff. 27 20. Plaintiff fought back and screamed at JESUS to stop, saying that her daughter would be 28 home at any moment. JESUS told Plaintiff that he knew that Plaintiff's daughter was not coming home 5 COMPLAINT FOR DAMAGES saint because she was in Los Angeles. Plaintiff does not know how JESUS knew this information, but it was true that Plaintiff's daughter