Preview
Earl. E. Conaway, III (SBN 256239)
EARL E. CONAWAY, III - A PROFESSIONAL LAW CORPORATION
1320 Osos Street
San Luis Obispo, CA 93401 ELECTRONICALLY FILED
Tel: (805) 546-8797 | Fax: (888) 466-8702 Superior Court of California
County of Santa Barbara
earl@conawaylawfirm.com
Darrel E. Parker, Executive Officer
5/24/2024 2:28 PM
Attorneys for Defendant, JESUS REYES By: Blanca Delabra , Deputy
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA BARBARA - COOK DIVISION
10 MARTHA E. RAMIREZ, an individual, Case No.: 22CV03495
1
Plaintiff, DEFENDANT, JESUS REYES’S
12 NOTICE OF JOINDER FOR MOTION
vs. TO COMPEL APPEARANCE OF
13 PLAINTIFF AT DEPOSITION,
JESUS REYES, an individual; REBECCA PRODUCTION OF DOCUMENTS,
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REYES, an individual; and DOES 1 through AND FOR SANCTIONS; POINTS
15 20, Inclusive, AND AUTHORITIES;
DECLARATION OF EARL E.
16 Defendants. CONAWAY, III; EXHIBITS IN
SUPPORT THEREOF
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18 Date: June 20, 2024
Time: 8:30 a.m.
19 Dept: SM4
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Judge: Hon. Jed Beebe
21 Complaint Filed: September 13, 2022
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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
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24 PLEASE TAKE NOTICE that Defendant, JESUS REYES, by and through his counsel of
25 record, hereby joins Defendant, REBECCA REYES’s motion to compel the appearance of
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Plaintiff, MARTHA RAMIREZ, at deposition and production of documents.
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DEFENDANT, JESUS REYES’S NOTICE OF JOINDER FOR MOTION TO COMPEL APPEARANCE OF
PLAINTIFF AT DEPOSITION, PRODUCTION OF DOCUMENTS, AND FOR SANCTIONS; POINTS AND
AUTHORITIES; DECLARATION OF EARL E. CONAWAY, III; EXHIBITS IN SUPPORT THEREOF - 1
Defendant, JESUS REYES, will further move the Court for an order that Plaintiff pay a
monetary sanction to this party in the amount of $1344.55 as the reasonable fees and costs
incurred by this Defendant in bringing this motion pursuant to Code of Civil Procedure
$2025.450(g)(2). 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 information
gleaned from Plaintiff's testimony and production of documents is relevant as she has filed an
action against this Defendant for numerous intentional tort actions. The Plaintiffs failure to
comply was without substantial justification and is causing harm to Defendant since the delay
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harms Defendant’s preparation for trial.
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12 This motion is based on this Notice of Joinder, Points and Authorities, on the Declaration
13 of Earl E. Conaway, III, the Exhibits attached hereto, the complete file and records in this action,
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and on such further and additional evidence as may be presented at the hearing on the motion.
IS
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Respectfully submitted,
Gite
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Date: May 24, 2024
19 EARL E. INAWAY, IIT
Attorney for Defendant,
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JESUS REYES
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28 DEFENDANT, JESUS REYES’S NOTICE OF JOINDER FOR MOTION TO COMPEL APPEARANCE OF
PLAINTIFF AT DEPOSITION, PRODUCTION OF DOCUMENTS, AND FOR SANCTIONS; POINTS AND
AUTHORITIES; DECLARATION OF EARL E. CONAWAY, III; EXHIBITS IN SUPPORT THEREOF - 2
POINTS AND AUTHORITIES
A. INTRODUCTION
Defendant, JESUS REYES, hereby incorporates by reference as though fully set forth
herein, Defendant, REBECCA REYES’s motion to compel the appearance of Plaintiff,
MARTHA RAMIREZ, at deposition and production of documents.
B. SANCTIONS SHOULD BE AWARDED TO DEFENDANT, JESUS REYES,
PURSUANT TO CODE OF CIVIL PROCEDURE 2025.450(g)(2).
Code of Civil Procedure §2025.450(g) provides:
10 (g)(1)_ Ifa motion under subdivision (a) is granted, the court shall impose a monetary sanction
I
under Chapter 7 (commencing with Section 2023.010) in favor of the party who noticed the
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deposition and against the deponent or the party with whom the deponent is affiliated, unless the
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court finds that the one subject to the sanction acted with substantial justification or that other
15 circumstances make the imposition of the sanction unjust.
16 Q) On motion of any other party who, in person or by attorney, attended at the time and
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place specified in the deposition notice in the expectation that the deponent's testimony would
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be taken, the court shall impose a monetary sanction under Chapter 7 (commencing with Section
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2023.010) in favor of that party and against the deponent or the party with whom the deponent is
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21 affiliated, unless the court finds that the one subject to the sanction acted with substantial
22 justification or that other circumstances make the imposition of the sanction unjust. (Emphasis
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added.)
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Attorney Conaway’s hourly rate for this matter is $300.00 per hour. Attorney Conaway
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spent approximately 1.25 hours prepping for Plaintiff's deposition and 0.50 hours appearing at
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27 the deposition. Attorney Conaway spent 0.75 hours preparing this motion and it is anticipated that
28 DEFENDANT, JESUS REYES’S NOTICE OF JOINDER FOR MOTION TO COMPEL APPEARANCE OF
PLAINTIFF AT DEPOSITION, PRODUCTION OF DOCUMENTS, AND FOR SANCTIONS; POINTS AND
AUTHORITIES; DECLARATION OF EARL E. CONAWAY, II]; EXHIBITS IN SUPPORT THEREOF - 3
Attorney Conaway will spend another 1.0 hour preparing for and appearing for this motion. This
totals $1,050.00 in attorneys fees. plus $204.55 charged by the court reporter for the Non-
Appearance Transcript. The filing fees for this motion are $90.00. Defendant, JESUS REYES,
therefore, requests $1344.55 in monetary sanctions against the Plaintiff and asks that this Court
grant Defendants’ motion to compel appearance of Plaintiff at deposition and for the production
of documents.
Respectfully submitted.
10
DATED: May 24, 2024 EA LW
“
1
Earl E. Con, ay, Ill,
12 Attorney for efendant
JESUS REYES
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28 DEFENDANT, JESUS REYES’S NOTICE OF JOINDER FOR MOTION TO COMPEL APPEARANCE OF
PLAINTIFF AT DEPOSITION, PRODUCTION OF DOCUMENTS, AND FOR SANCTIONS; POINTS AND
AUTHORITIES; DECLARATION OF EARL E. CONAWAY, II EXHIBITS IN SUPPORT THEREOF - 4
DECLARATION OF EARL E. CONAWAY, HI
I, Earl E. Conaway, III hereby declare:
1 I am an attorney licensed to practice in the State of California and am the attorney for
Defendant, JESUS REYES in the above-entitled action. I make the following statements within
my personal knowledge and if called to testify as a witness, would and could do so competently.
22 On April 23, 2024, I attended the scheduled deposition of Plaintiff. Plaintiff failed to
appear. Attached hereto as Exhibit A is a true and accurate copy of the transcript for the non-
appearance I attended. The Court reporter fees were $204.55. Attached hereto as Exhibit B is a
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true and accurate copy of the invoice | received from the court reporter.
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12 3 My hourly rate for this matter is $300.00 per hour. I spent approximately 1.25 hours
13 prepping for Plaintiff's deposition and 0.50 hours appearing at the deposition. I spent 0.75 hours
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preparing this motion and it is anticipated I will spend another 1.0 hour preparing for and
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appearing for this motion. This totals $1,050.00 in attorneys fees, plus $204.55 charged by the
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court reporter for the Non-Appearance Transcript. The filing fees for this motion are $90.00.
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18 4 I am requesting monetary sanctions of $1,344.55 since Plaintiffs discovery abuse has
19 barred me from effectively representing Defendant in this matter.
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5 I further join Defendant, REBECCA REYES’s request that Plaintiff be compelled to
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appear for deposition forthwith and to produce documents.
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I declare under penalty of perjury under the laws of the State of California that the
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24 foregoing is true and correct.
25 Executed on May 24, 2024 in San Luis Obispo, California.
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27 Earl E. Cogaway. Tl
28 DEFENDANT, JESUS REYES’S NOTICE OF JOINDER FOR MOTION TO COMPEL APPEARANCE OF
PLAINTIFF AT DEPOSITION, PRODUCTION OF DOCUMENTS, AND FOR SANCTIONS; POINTS AND
AUTHORITIES; DECLARATION OF EARL E. CONAWAY, Ill; EXHIBITS IN SUPPORT THEREOF - 5
EXHIBITA
_ _- - - —
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA BARBARA - COOK DIVISION
MARTHA E. RAMIREZ,
an Individual,
Plaintiff,
Vv Case No.
JESUS REYES, an Individual; 22CV03495
REBECCA REYES, an Individual;
10 and DOES 1 through 20,
11 Inclusive,
12 Defendants.
13
14 VIDEOCONFERENCE STATEMENT ON THE RECORD RE:
15 DEPOSITION OF MARTHA E. RAMIREZ
16 DATE: Tuesday, April 23, 2024
17 TIME: 9:00 a.m.
18 LOCATION: Remote Proceeding
19 Los Angeles, CA 90017
20 OFFICIATED BY: Jessica Reynoso
21 JOB NO.: 6637672
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Litigation Services
A Veritext Company www.veritext.com
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APPEARANCES 1 PROCEEDINGS
ON BEHALF OF PLAINTIFF MARTHA E. RAMIREZ: 2 THE OFFICER: Good morning. My name is
SETAREH PANAH, ESQUIRE (by videoconference) 3 Jessica Reynoso; I'm the deposition officer assigned by
Law Offices of Ramin R. Youncssi 4 Veritext to take the record of this proceeding. We are
3435 Wilshire Boulevard, Suite 2200 5 now on the record at 9 a.m.
Los Angeles, CA 90010 6 This is the deposition of Martha E.
ryounessi@younessilaw.com | 7 Ramirez taken in the matter of Ramirez, Martha E. vs.
(323) 777-7777 8 Reyes, Jesus and Rebecca, on Tuesday, April 23, 2024.
9 Counsel will now make a statement on the record.
10 ON BEHALF OF DEFENDANT JESUS REYES: 10 MR. MARTINEZ: Good morning.
u EARL E. CONAWAY III, ESQUIRE (by videoconference) iW THE OFFICER: Counsel may begin.
12 Earl E. Conaway III, A Professional Law Corporation 112 MR. MARTINEZ: Yes. Good moming. This
13 1320 Osos Street 13 is Vincent Martinez of Twitchell and Rice. I'm the
4 San Luis Obispo, CA 93401 14 attorney for Defendant Rebecca Reyes, and the party that
15 carl@conawaylawfirm.com 15 has noticed this deposition of the plaintiff, Martha E.
16 (805) 546-8797 16 Ramirez.
17 17 And why don't we just announce --
18 ON BEHALF OF DEFENDANT REBECCA REYES: 18 Attomeys, if you can announce yourself.
19 VINCENT T. MARTINEZ, ESQUIRE (by videoconference) 19 MS. PANAH: Setarch Panah, for Plaintiff
20 Twitchell & Rice, LLP 20 Marissa [sic] Ramirez.
21 215 North Lincoln Street 21 MR. CONAWAY: Earl Conaway, for Defendant
22 Santa Maria, CA 93456 22 Jesus Reyes.
23 vmartinez@twitchellandrice.com 23 MR. MARTINEZ: Okay. I'd like to proceed
24 (805) 925-2611 24 in regards to this deposition, and it was properly
25 !25 noticed. Counsel for Plaintiff received notice of it,
Page
a.
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INDEX 1 and that this depos’ n has been continued on several
2 EXAMINATION: PAGE 2 occasions to try and arrive at a date on which Plaintiff
3 (Nonappearance.) 3 could appear.
4 4 T will submit the deposition notice,
5 EXHIBITS 5 which is entitled "Second Amended Notice of Taking
6 NO. DESCRIPTION PAGE 6 Deposition of Plaintiff Martha E. Ramirez and for
Exhibit 1 Second Amended Notice of Taking, a Production of Documents" that was served on all
Deposition of Plaintiff Martha E. 8 plaintiffs -- all counsel in this matter. And I will
Ramirez and for Production of 9 submit it to the court reporter to be Exhibit 1 of
10 Documents 5 ‘10 today's deposition.
ll {u (Exhibit | was marked for
12 12 identification.)
13 13 MR. MARTINEZ: I understand that
14 14 Plaintiffis not appearing today, and I would just like
15 | 5 to make this record of nonappearance.
16 16 Can you comment?
17 7 THE OFFICER: Thank you. Okay. We are
18 18 off the record at 9:01 a.m.
19 19 (Whereupon, at 9:01 a.m., the
20 |20 proceeding was concluded.)
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Litigation Services
A Veritext Company www.veritext.com
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CERTIFICATE OF DEPOSITION OFFICER
I, JESSICA REYNOSO, the officer before whom
the foregoing proceedings were taken, do hereby certify
that any witness(es) in the foregoing proceedings, prior
to testifying, were duly sworn; that the proceedings
were recorded by me and thereafter reduced to
typewr g by a qualified transcriptionist; that said
digital audio recording of said proceedings are a true
and accurate record to the best of my knowledge, skills,
10 and ability; that I am neither counsel for, related to,
iu nor employed by any of the parties to the action in
hi which this was taken; and, further, that | am not a
la3 relative or employce of any counsel or attorney employed.
(14 ‘inancially or otherwise
ORywer
15 of this action.
16
7 JESSICA REYNUSU
18 Notary Public in and for the
19 State of California
20 Date: 5/6/24
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CERTIFICATE OF TRANSCRIBER
1, MELISSA KEMP, do hereby certify that this
transcript was prepared from the digital audio recording
of the foregoing proceeding, that said transcript is a
true and accurate record of the proceedings to the best
nd ability; that I am neither
ogee
Chsvesespatvemmoneton employed by any of the
ich this was taken; and,
ative or employee of any
10 = yed by the parties hereto, nor
W — terested in the outcome of
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15 MELISSA KEMP
16 Date: May 6, 2024
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EXHIBIT B
Litigation Services, A Veritext Company
Tel. 213-785-1330 Email: Calendar-litcal@veritext.com
Fed. Tax ID: 20-3132569
VERITEXT
er LEGAL SOLUTIONS
Bill To: Earl E Conaway, Ill Invoice #: 7394128
Earl E. Conaway, Ill, A Professional Law Corporation
1320 Osos St
Invoice Date: 5/8/2024
San Luis Obispo, CA, 93401 Balance Due: $204.55
Case: Ramirez, Martha E. v. Reyes, Jesus And Rebecca (22CV03495) Proceeding Type: CNA
Job #: 6637672 | Job Date: 4/23/2024 | Delivery: Normal
Location Los Angeles, CA
Billing Atty: Earl E Conaway, III
Scheduling Atty: Vincent Martinez | Twitchell & Rice LLP
Witness: Martha E. Ramirez Amount
Statement on Record/Cert of Non-Appearance (CNA) $150.00
Exhibits $4.55
Logistics, Processing & Electronic Files $50.00
Notes: Invoice Total: $204.55
Payment: $0.00
Credit: $0.00
Interest; $0.00
alance Due: 204.55.
TERMS; Payable upon receipt, Accounts 50 days past due will bear a finance charge of 1.5% per month, Accounts unpaid after 90 days agree to pay all collection costs,
including reasonable attomey’s fees. Contact us to correct payment errors. No adjustments will be made after 90 days. For more information on charges related to our services
please consult http://www. veritext.com/services/all-services/services-information
Remit to: Pay By ACH (Include invoice numbers) Invoice #: 7394128
Veritext AIC Name:Veritext
P.O. Box 71303 Bank Name:BMO Harris Bank Invoice Date: 5/8/2024
Chicago IL 60694-1303 Account No:4353454 ABA:071000288
Fed. Tax ID: 20-3132569 Swift: HATRUS44
Balance Due: $204.55
Pay by Credit Card: www.veritext.com
2824
PROOF OF SERVICE
I, the undersigned, declare:
Iam employed in the County of San Luis Obispo, State of California. I am over the age
of 18 years and not a party to this within action. My business address is: 1320 Osos Street, San
Luis Obispo, California, 93401. On the date set forth below, I served on all interested parties in
this action the foregoing documents described as:
Defendant, Jesus Reyes’s Notice of Joinder for Motion to Compel Appearance of
Plaintiff at Deposition, Production of Documents, and for Sanctions; Points and
Authorities; Declaration of Earl E. Conaway, II]; and Exhibits in Support Thereof.
in the manner as follows:
10
Ramin R. Younessi, Esq.
iW
Setareh Panah, Esq. SPanah@younessilaw.com
12 Law Offices of Ramin R. Younessi VGarcia@younessilaw.com
3435 Wilshire Blvd., Ste. 2200 TAvila@younessilaw.com
13
Los Angeles, CA 90010 RYounessi@younessilaw.com
14 Attorneys for Plaintiff, Martha E. Ramirez T:(213)480-6200/F:(213)480-6201
15 Vincent T. Martinez, Esq. VMartinez@twitchellandrice.com
Twitchell and Rice, LLP LLimone@twitchellandrice.com
16
215 No. Lincoln Street T: (805) 925-2611
17 P.O. Box 520 F: (805) 925-1635
Santa Maria, CA 93456
18 Attorneys for Defendant, Rebecca Reyes
19
20 (BY ELECTRONIC MAIL) Pursuant to Code of Civil Procedure §§1010.6(a)(2),
1010.6(e), and 1013(g), and/or California Rules of Court 2.251(b)(1)-(2), I transmitted a
21
copy of the aforementioned document(s) to each addressee above to the email address(es)
oD indicated.
23
(STATE) I declare under penalty of perjury under the laws of the State of California
24 that the above is true and correct.
25
Executed on May, 24, 2024, at San Luis Obispo, California.
26
27
Deborah W. Santana
28
DEFENDANT, JESUS REYES’ FURTHER RESPONSES TO DISCOVERY PROPOUNDED BY PLAINTIFF,
MARTHA E. RAMIREZ - |
§/24/24, 2:20 PM Earl E. Conaway, III, Attorney at Law Mail - Ramirez v Reyes - Notice of Joinder for Motion to Compel
4 Gmail Law Clerk
Ramirez v Reyes - Notice of Joinder for Motion to Compel /
1 message
__
Law Clerk Fri, May 24, 2024 at 2:20 PM
To: SPanah@younessilaw.com, vgarcia@younessilaw.com, TAvila@younessilaw.com, Ryounessi@younessilaw.com,
VMartinez@twitchellandrice.com, llimone@twitchellandrice.com
Cc: Earl Conaway
Good Afternoon Counsel;
Attached hereto please find Defendant, Jesus Reyes's Notice of Joinder for Motion to Compel Appearance of Plaintiff at
Deposition, Production of Documents, and for Sanctions; Points and Authorities; Declaration of Earl E., Conaway, Ill; and
Exhibits in Support Thereof, in the above referenced matter - as submitted to the court for for filing today.
Should you experience any difficulty in accessing or viewing this document, or have any questions or concerns thereof,
please do not hesitate to contact our office.
Respectfully,
2
Deborah W. Santana, NP
Paralegal to Earl E. Conaway, III.
SLO CONFLICT PUBLIC DEFENDERS, LLP
EARL E. CONAWAY, Ill | A PROFESSIONAL LAW CORPORATION
1320 Osos Street
San Luis Obispo, CA 93401
T: (805) 546-8797
F: (888) 466-8702
CONFIDENTIALITY NOTICE
This electronic mail transmission is privileged and confidential and is intended only for the review
of the party to whom it is addressed. If the reader of this e-mail is not the addressee, you are
hereby notified that any dissemination or copying of this communication is strictly prohibited and
in violation of State and/or Federal laws. if you have received this transmission in error, please
immediately contact the sender at (805) 546-8797 and delete from your system. Unintended
transmission shall not constitute waiver of the attorney-client or any other privilege.
ee a
Ramirez v Reyes 22C 03495 Deft J Reyes Ntc of Joinder Mtn to Compel 05.24.24 EXE.pdf
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Earl. E. Conaway, III (SBN 256239) EARL E. CONAWAY, III - A PROFESSIONAL LAW CORPORATION 1320 Osos Street San Luis Obispo, CA 93401 ELECTRONICALLY FILED Tel: (805) 546-8797 | Fax: (888) 466-8702 Superior Court of California County of Santa Barbara earl@conawaylawfirm.com Darrel E. Parker, Executive Officer 5/24/2024 2:28 PM Attorneys for Defendant, JESUS REYES By: Blanca Delabra , Deputy SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA BARBARA - COOK DIVISION 10 MARTHA E. RAMIREZ, an individual, Case No.: 22CV03495 1 Plaintiff, DEFENDANT, JESUS REYES’S 12 NOTICE OF JOINDER FOR MOTION vs. TO COMPEL APPEARANCE OF 13 PLAINTIFF AT DEPOSITION, JESUS REYES, an individual; REBECCA PRODUCTION OF DOCUMENTS, 14 REYES, an individual; and DOES 1 through AND FOR SANCTIONS; POINTS 15 20, Inclusive, AND AUTHORITIES; DECLARATION OF EARL E. 16 Defendants. CONAWAY, III; EXHIBITS IN SUPPORT THEREOF 17 18 Date: June 20, 2024 Time: 8:30 a.m. 19 Dept: SM4 20 Judge: Hon. Jed Beebe 21 Complaint Filed: September 13, 2022 22 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 23 24 PLEASE TAKE NOTICE that Defendant, JESUS REYES, by and through his counsel of 25 record, hereby joins Defendant, REBECCA REYES’s motion to compel the appearance of 26 Plaintiff, MARTHA RAMIREZ, at deposition and production of documents. 27 28 DEFENDANT, JESUS REYES’S NOTICE OF JOINDER FOR MOTION TO COMPEL APPEARANCE OF PLAINTIFF AT DEPOSITION, PRODUCTION OF DOCUMENTS, AND FOR SANCTIONS; POINTS AND AUTHORITIES; DECLARATION OF EARL E. CONAWAY, III; EXHIBITS IN SUPPORT THEREOF - 1 Defendant, JESUS REYES, will further move the Court for an order that Plaintiff pay a monetary sanction to this party in the amount of $1344.55 as the reasonable fees and costs incurred by this Defendant in bringing this motion pursuant to Code of Civil Procedure $2025.450(g)(2). 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 information gleaned from Plaintiff's testimony and production of documents is relevant as she has filed an action against this Defendant for numerous intentional tort actions. The Plaintiffs failure to comply was without substantial justification and is causing harm to Defendant since the delay 10 harms Defendant’s preparation for trial. i 12 This motion is based on this Notice of Joinder, Points and Authorities, on the Declaration 13 of Earl E. Conaway, III, the Exhibits attached hereto, the complete file and records in this action, 14 and on such further and additional evidence as may be presented at the hearing on the motion. IS 16 Respectfully submitted, Gite 17 18 Date: May 24, 2024 19 EARL E. INAWAY, IIT Attorney for Defendant, 20 JESUS REYES 21 22 23 4 25 26 27 28 DEFENDANT, JESUS REYES’S NOTICE OF JOINDER FOR MOTION TO COMPEL APPEARANCE OF PLAINTIFF AT DEPOSITION, PRODUCTION OF DOCUMENTS, AND FOR SANCTIONS; POINTS AND AUTHORITIES; DECLARATION OF EARL E. CONAWAY, III; EXHIBITS IN SUPPORT THEREOF - 2 POINTS AND AUTHORITIES A. INTRODUCTION Defendant, JESUS REYES, hereby incorporates by reference as though fully set forth herein, Defendant, REBECCA REYES’s motion to compel the appearance of Plaintiff, MARTHA RAMIREZ, at deposition and production of documents. B. SANCTIONS SHOULD BE AWARDED TO DEFENDANT, JESUS REYES, PURSUANT TO CODE OF CIVIL PROCEDURE 2025.450(g)(2). Code of Civil Procedure §2025.450(g) provides: 10 (g)(1)_ Ifa motion under subdivision (a) is granted, the court shall impose a monetary sanction I under Chapter 7 (commencing with Section 2023.010) in favor of the party who noticed the 12 deposition and against the deponent or the party with whom the deponent is affiliated, unless the 13 14 court finds that the one subject to the sanction acted with substantial justification or that other 15 circumstances make the imposition of the sanction unjust. 16 Q) On motion of any other party who, in person or by attorney, attended at the time and 17 place specified in the deposition notice in the expectation that the deponent's testimony would 18 be taken, the court shall impose a monetary sanction under Chapter 7 (commencing with Section 19 2023.010) in favor of that party and against the deponent or the party with whom the deponent is 20 21 affiliated, unless the court finds that the one subject to the sanction acted with substantial 22 justification or that other circumstances make the imposition of the sanction unjust. (Emphasis 23 added.) 24 Attorney Conaway’s hourly rate for this matter is $300.00 per hour. Attorney Conaway 25 spent approximately 1.25 hours prepping for Plaintiff's deposition and 0.50 hours appearing at 26 27 the deposition. Attorney Conaway spent 0.75 hours preparing this motion and it is anticipated that 28 DEFENDANT, JESUS REYES’S NOTICE OF JOINDER FOR MOTION TO COMPEL APPEARANCE OF PLAINTIFF AT DEPOSITION, PRODUCTION OF DOCUMENTS, AND FOR SANCTIONS; POINTS AND AUTHORITIES; DECLARATION OF EARL E. CONAWAY, II]; EXHIBITS IN SUPPORT THEREOF - 3 Attorney Conaway will spend another 1.0 hour preparing for and appearing for this motion. This totals $1,050.00 in attorneys fees. plus $204.55 charged by the court reporter for the Non- Appearance Transcript. The filing fees for this motion are $90.00. Defendant, JESUS REYES, therefore, requests $1344.55 in monetary sanctions against the Plaintiff and asks that this Court grant Defendants’ motion to compel appearance of Plaintiff at deposition and for the production of documents. Respectfully submitted. 10 DATED: May 24, 2024 EA LW “ 1 Earl E. Con, ay, Ill, 12 Attorney for efendant JESUS REYES 13 14 15 16 17 18 19 20 2 22 23 24 25 26 27 28 DEFENDANT, JESUS REYES’S NOTICE OF JOINDER FOR MOTION TO COMPEL APPEARANCE OF PLAINTIFF AT DEPOSITION, PRODUCTION OF DOCUMENTS, AND FOR SANCTIONS; POINTS AND AUTHORITIES; DECLARATION OF EARL E. CONAWAY, II EXHIBITS IN SUPPORT THEREOF - 4 DECLARATION OF EARL E. CONAWAY, HI I, Earl E. Conaway, III hereby declare: 1 I am an attorney licensed to practice in the State of California and am the attorney for Defendant, JESUS REYES in the above-entitled action. I make the following statements within my personal knowledge and if called to testify as a witness, would and could do so competently. 22 On April 23, 2024, I attended the scheduled deposition of Plaintiff. Plaintiff failed to appear. Attached hereto as Exhibit A is a true and accurate copy of the transcript for the non- appearance I attended. The Court reporter fees were $204.55. Attached hereto as Exhibit B is a 10 true and accurate copy of the invoice | received from the court reporter. I 12 3 My hourly rate for this matter is $300.00 per hour. I spent approximately 1.25 hours 13 prepping for Plaintiff's deposition and 0.50 hours appearing at the deposition. I spent 0.75 hours 14 preparing this motion and it is anticipated I will spend another 1.0 hour preparing for and 15 appearing for this motion. This totals $1,050.00 in attorneys fees, plus $204.55 charged by the 16 court reporter for the Non-Appearance Transcript. The filing fees for this motion are $90.00. 17 18 4 I am requesting monetary sanctions of $1,344.55 since Plaintiffs discovery abuse has 19 barred me from effectively representing Defendant in this matter. 20 5 I further join Defendant, REBECCA REYES’s request that Plaintiff be compelled to 21 appear for deposition forthwith and to produce documents. 22 I declare under penalty of perjury under the laws of the State of California that the 23 24 foregoing is true and correct. 25 Executed on May 24, 2024 in San Luis Obispo, California. 26 27 Earl E. Cogaway. Tl 28 DEFENDANT, JESUS REYES’S NOTICE OF JOINDER FOR MOTION TO COMPEL APPEARANCE OF PLAINTIFF AT DEPOSITION, PRODUCTION OF DOCUMENTS, AND FOR SANCTIONS; POINTS AND AUTHORITIES; DECLARATION OF EARL E. CONAWAY, Ill; EXHIBITS IN SUPPORT THEREOF - 5 EXHIBITA _ _- - - — SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA BARBARA - COOK DIVISION MARTHA E. RAMIREZ, an Individual, Plaintiff, Vv Case No. JESUS REYES, an Individual; 22CV03495 REBECCA REYES, an Individual; 10 and DOES 1 through 20, 11 Inclusive, 12 Defendants. 13 14 VIDEOCONFERENCE STATEMENT ON THE RECORD RE: 15 DEPOSITION OF MARTHA E. RAMIREZ 16 DATE: Tuesday, April 23, 2024 17 TIME: 9:00 a.m. 18 LOCATION: Remote Proceeding 19 Los Angeles, CA 90017 20 OFFICIATED BY: Jessica Reynoso 21 JOB NO.: 6637672 22 23 24 25 Page 1 Litigation Services A Veritext Company www.veritext.com a APPEARANCES 1 PROCEEDINGS ON BEHALF OF PLAINTIFF MARTHA E. RAMIREZ: 2 THE OFFICER: Good morning. My name is SETAREH PANAH, ESQUIRE (by videoconference) 3 Jessica Reynoso; I'm the deposition officer assigned by Law Offices of Ramin R. Youncssi 4 Veritext to take the record of this proceeding. We are 3435 Wilshire Boulevard, Suite 2200 5 now on the record at 9 a.m. Los Angeles, CA 90010 6 This is the deposition of Martha E. ryounessi@younessilaw.com | 7 Ramirez taken in the matter of Ramirez, Martha E. vs. (323) 777-7777 8 Reyes, Jesus and Rebecca, on Tuesday, April 23, 2024. 9 Counsel will now make a statement on the record. 10 ON BEHALF OF DEFENDANT JESUS REYES: 10 MR. MARTINEZ: Good morning. u EARL E. CONAWAY III, ESQUIRE (by videoconference) iW THE OFFICER: Counsel may begin. 12 Earl E. Conaway III, A Professional Law Corporation 112 MR. MARTINEZ: Yes. Good moming. This 13 1320 Osos Street 13 is Vincent Martinez of Twitchell and Rice. I'm the 4 San Luis Obispo, CA 93401 14 attorney for Defendant Rebecca Reyes, and the party that 15 carl@conawaylawfirm.com 15 has noticed this deposition of the plaintiff, Martha E. 16 (805) 546-8797 16 Ramirez. 17 17 And why don't we just announce -- 18 ON BEHALF OF DEFENDANT REBECCA REYES: 18 Attomeys, if you can announce yourself. 19 VINCENT T. MARTINEZ, ESQUIRE (by videoconference) 19 MS. PANAH: Setarch Panah, for Plaintiff 20 Twitchell & Rice, LLP 20 Marissa [sic] Ramirez. 21 215 North Lincoln Street 21 MR. CONAWAY: Earl Conaway, for Defendant 22 Santa Maria, CA 93456 22 Jesus Reyes. 23 vmartinez@twitchellandrice.com 23 MR. MARTINEZ: Okay. I'd like to proceed 24 (805) 925-2611 24 in regards to this deposition, and it was properly 25 !25 noticed. Counsel for Plaintiff received notice of it, Page a. 2 — Page 4 INDEX 1 and that this depos’ n has been continued on several 2 EXAMINATION: PAGE 2 occasions to try and arrive at a date on which Plaintiff 3 (Nonappearance.) 3 could appear. 4 4 T will submit the deposition notice, 5 EXHIBITS 5 which is entitled "Second Amended Notice of Taking 6 NO. DESCRIPTION PAGE 6 Deposition of Plaintiff Martha E. Ramirez and for Exhibit 1 Second Amended Notice of Taking, a Production of Documents" that was served on all Deposition of Plaintiff Martha E. 8 plaintiffs -- all counsel in this matter. And I will Ramirez and for Production of 9 submit it to the court reporter to be Exhibit 1 of 10 Documents 5 ‘10 today's deposition. ll {u (Exhibit | was marked for 12 12 identification.) 13 13 MR. MARTINEZ: I understand that 14 14 Plaintiffis not appearing today, and I would just like 15 | 5 to make this record of nonappearance. 16 16 Can you comment? 17 7 THE OFFICER: Thank you. Okay. We are 18 18 off the record at 9:01 a.m. 19 19 (Whereupon, at 9:01 a.m., the 20 |20 proceeding was concluded.) 21 ‘21 22 22 23 23 24 24 25 25 Page3 Page 5 2 (Pages 2 - 5) Litigation Services A Veritext Company www.veritext.com ee oe pon a CERTIFICATE OF DEPOSITION OFFICER I, JESSICA REYNOSO, the officer before whom the foregoing proceedings were taken, do hereby certify that any witness(es) in the foregoing proceedings, prior to testifying, were duly sworn; that the proceedings were recorded by me and thereafter reduced to typewr g by a qualified transcriptionist; that said digital audio recording of said proceedings are a true and accurate record to the best of my knowledge, skills, 10 and ability; that I am neither counsel for, related to, iu nor employed by any of the parties to the action in hi which this was taken; and, further, that | am not a la3 relative or employce of any counsel or attorney employed. (14 ‘inancially or otherwise ORywer 15 of this action. 16 7 JESSICA REYNUSU 18 Notary Public in and for the 19 State of California 20 Date: 5/6/24 21 | 22 23 24 res 25 - ee CERTIFICATE OF TRANSCRIBER 1, MELISSA KEMP, do hereby certify that this transcript was prepared from the digital audio recording of the foregoing proceeding, that said transcript is a true and accurate record of the proceedings to the best nd ability; that I am neither ogee Chsvesespatvemmoneton employed by any of the ich this was taken; and, ative or employee of any 10 = yed by the parties hereto, nor W — terested in the outcome of 12 13 14 = 15 MELISSA KEMP 16 Date: May 6, 2024 17 18 19 20 21 22 23 24 25 we Page 7 , 3 (Pages 6 - 7) Litigation Services A Veritext Company ww.veritext.com [& - exhibit] & 9 _ b d & 2:20 9 4:5 ‘b 3:5 fd 3:14:1 1 90010 2:6 barbara 1:2 date 1:16 5:2 — 90017 1:19 behalf 2:2,10 6:20 7:16 1 1:10 3:75:9 5:11 925-2611 2:24 2:18 defendant 2:10 1320. 2:13 93401 2:14 Cl 2:18 4:14,21 ° 93456 2:22 boulevard 2:5 defendants 2 9:00 1:17 Cc 1:12 20 1:10 9:01 5:18,19 - deposition 1:15 2:14:1 2024 1:16 4:8 a 3:8 4:3,6,15,24 ca 1:19 2:6,14 7:16 5:1,4,6,10 6:1 am. 1:17 4:5 \ 2:22 215 2:21 description 3:6 5:18,19 california 1:1 2200 2:5 digital 6:8 7:3 22cv03495 1:8 ability 6:10 7:6 6:19 division 1:2 accurate 6:9 case 1:7 23 1:16 4:8 documents TS certificate 6:1 29968 6:16 3:10 5:7 action 6:11,15 TA 3 7:8,12 el duly 6:5 323 2:8 amended 3:7 comment 5:16 e 33131 7:14 5:5) conaway 2:11 e 1:4,15 2:1,1,2 3435 2:5 angeles 1:19 2:12 4:21,21 2:11,12 3:1,5,8 | 5 2:6 | conawaylawf... 4:1,1,6,7,15 5:6 ; _ announce 4:17 2:15 earl 2:11,12,15 t 5/6/24 6:20 4:18 concluded 5:20 4:21 546-8797 2:16 appear 5:3 continued 5:1 employed 6:11 I appearing 5:14 cook 1:2 6:13 7:7,10 6 april 1:16 4:8 corporation employee 6:13 6 7:16 arrive 5:2 2:12 7:9 6637672 1:21 assigned 4:3 _ counsel 4:9,11 entitled 5:5 7 attorney 4:14 4:25 5:8 6:10 es 6:4 i TIT-TT77_— 2:8 6:13 7:10 6:13 7:7,10 esquire 2:3,11 8 attorneys 4:18 county 1:2 2:19 audio 6:8 7:3 court 1:1 5:9 examination 805 2:16,24 3:2 _ exhibit 3:7 5:9 Sil Page 1 Litigation Services A Veritext Company www.veritext.com [financially - reynoso] f 1 noticed 4:15,25 | production 3:9 financially 6:14 law 2:4,12 0 5:7 TAL lincoln 2:21 professional o 4:1 foregoing 6:3,4 . Ip 2:20 obispo 2:14 2:12 | TA location 1:18 properly 4:24 occasions 5:2 further 6:12 los 1:19 2:6 public 6:18 officer 4:2,3,11 79 luis 2:14 5:17 6:1,2 q | m offices 2:4 qualified 6:7. 4 g 4:1 make 4:95:15 officiated 1:20 r oe okay 4:23 5:17 good 4:2,10,12 maria 2:22 r 2:1441, marissa 4:20 osos 2:13 h ramin 2:4 marked 5:11 outcome 6:15 h 3:5 ramirez 1:4,15 7 hereto 6:14 martha 1:4,15 2:2 3:9 4:7,7 2:2 3:8 4:6,7 P 4:16,20 5:6 7:10 4:15 5:6 p 2:1,1 4:1 rebecca 1:9 1 martinez 2:19 page 3:2,6 2:18 4:8,14 identification 4:10,12,13,23 panah 2:3 4:19 received 4:25 5:12 5:13 4:19 record 1:14 4:4 | iii 2:11,12 matter 4:7 5:8 parties 6:11,14 4:5,9 5:15,18 inclusive 1:11 melissa 7:2,15 7:8,10 6:9 7:5 individual 1:5 morning 4:2,10 party 4:14 recorded 6:6 1:8,9 4:12 plaintiff 1:6 2:2 , recording 6:8 interested 6:15 n 3:8 4:15,19,25 7:3 Tl _ 5:2,6,14 reduced 6:6 n 2:13:1 4:1 J name 4:2 plaintiffs 5:8 regards 4:24 jessica 1:20 4:3 | neither 6:10 prepared 7:3 related 6:10 7:7 6:2,17 7:6 prior 6:4 relative 6:13 jesus 1:82:10 nonappearance proceed 4:23 7:9 4:8,22 3:3 5:15 proceeding remote 1:18 job 1:21 north 2:21 1:18 4:4 5:20 reporter 5:9 k notary 6:18 T:4 reyes 1:8,9 2:10 notice 3:7 4:25 proceedings 2:18 4:8,14,22 kemp 7:2,15 5:4,5 6:3,4,5,8 7:5 reynoso 1:20 knowledge 6:9 4:3 6:2,17 7:6 ee Page 2 Litigation Services A Veritext Company www.veritext.com [rice - younessilaw.com] rice 2:20 4:13 transcriber 7:1 younessilaw.... | ryounessi 2:7 transcript 7:3,4 2:7 s transcriptionist 6:7 s 2:13:54:1 | true 6:8 7:5 san 2:14 try 5:2 santa 1:2 2:22 tuesday 1:16 second 3:75:5 4:8 served 5:7 twitchell 2:20 setareh 2:3 4:13 4:19 | several sic 4:20 5:1 twitchellandr... 2:23 | | typewriting 6:7 | Signature 6:16 | 7:14 u——— skills 6:9 7:6 understand state 1:1 6:19 5:13 statement 1:14 49 v 1:7 street 2:13,21 veritext 4:4 submit 5:4,9 videoconfere... suite 2:5 1:14 2:3,11,19 superior 1:1 vincent 2:19 sworn 6:5 4:13 t vmartinez 2:23 t 2:19 3:5 vs 4:7 take 4:4 w taken 4:7 6:3 wilshire 2:5 6:12 7:8 witness 6:4 testifying 6:5 x thank 5:17 time 1:17 x 315 today 5:14 y, } today's 5:10 \ | younessi 2:4 ui Page 3 Litigation Services A Veritext Company www.veritext.com EXHIBIT B Litigation Services, A Veritext Company Tel. 213-785-1330 Email: Calendar-litcal@veritext.com Fed. Tax ID: 20-3132569 VERITEXT er LEGAL SOLUTIONS Bill To: Earl E Conaway, Ill Invoice #: 7394128 Earl E. Conaway, Ill, A Professional Law Corporation 1320 Osos St Invoice Date: 5/8/2024 San Luis Obispo, CA, 93401 Balance Due: $204.55 Case: Ramirez, Martha E. v. Reyes, Jesus And Rebecca (22CV03495) Proceeding Type: CNA Job #: 6637672 | Job Date: 4/23/2024 | Delivery: Normal Location Los Angeles, CA Billing Atty: Earl E Conaway, III Scheduling Atty: Vincent Martinez | Twitchell & Rice LLP Witness: Martha E. Ramirez Amount Statement on Record/Cert of Non-Appearance (CNA) $150.00 Exhibits $4.55 Logistics, Processing & Electronic Files $50.00 Notes: Invoice Total: $204.55 Payment: $0.00 Credit: $0.00 Interest; $0.00 alance Due: 204.55. TERMS; Payable upon receipt, Accounts 50 days past due will bear a finance charge of 1.5% per month, Accounts unpaid after 90 days agree to pay all collection costs, including reasonable attomey’s fees. Contact us to correct payment errors. No adjustments will be made after 90 days. For more information on charges related to our services please consult http://www. veritext.com/services/all-services/services-information Remit to: Pay By ACH (Include invoice numbers) Invoice #: 7394128 Veritext AIC Name:Veritext P.O. Box 71303 Bank Name:BMO Harris Bank Invoice Date: 5/8/2024 Chicago IL 60694-1303 Account No:4353454 ABA:071000288 Fed. Tax ID: 20-3132569 Swift: HATRUS44 Balance Due: $204.55 Pay by Credit Card: www.veritext.com 2824 PROOF OF SERVICE I, the undersigned, declare: Iam employed in the County of San Luis Obispo, State of California. I am over the age of 18 years and not a party to this within action. My business address is: 1320 Osos Street, San Luis Obispo, California, 93401. On the date set forth below, I served on all interested parties in this action the foregoing documents described as: Defendant, Jesus Reyes’s Notice of Joinder for Motion to Compel Appearance of Plaintiff at Deposition, Production of Documents, and for Sanctions; Points and Authorities; Declaration of Earl E. Conaway, II]; and Exhibits in Support Thereof. in the manner as follows: 10 Ramin R. Younessi, Esq. iW Setareh Panah, Esq. SPanah@younessilaw.com 12 Law Offices of Ramin R. Younessi VGarcia@younessilaw.com 3435 Wilshire Blvd., Ste. 2200 TAvila@younessilaw.com 13 Los Angeles, CA 90010 RYounessi@younessilaw.com 14 Attorneys for Plaintiff, Martha E. Ramirez T:(213)480-6200/F:(213)480-6201 15 Vincent T. Martinez, Esq. VMartinez@twitchellandrice.com Twitchell and Rice, LLP LLimone@twitchellandrice.com 16 215 No. Lincoln Street T: (805) 925-2611 17 P.O. Box 520 F: (805) 925-1635 Santa Maria, CA 93456 18 Attorneys for Defendant, Rebecca Reyes 19 20 (BY ELECTRONIC MAIL) Pursuant to Code of Civil Procedure §§1010.6(a)(2), 1010.6(e), and 1013(g), and/or California Rules of Court 2.251(b)(1)-(2), I transmitted a 21 copy of the aforementioned document(s) to each addressee above to the email address(es) oD indicated. 23 (STATE) I declare under penalty of perjury under the laws of the State of California 24 that the above is true and correct. 25 Executed on May, 24, 2024, at San Luis Obispo, California. 26 27 Deborah W. Santana 28 DEFENDANT, JESUS REYES’ FURTHER RESPONSES TO DISCOVERY PROPOUNDED BY PLAINTIFF, MARTHA E. RAMIREZ - | §/24/24, 2:20 PM Earl E. Conaway, III, Attorney at Law Mail - Ramirez v Reyes - Notice of Joinder for Motion to Compel 4 Gmail Law Clerk Ramirez v Reyes - Notice of Joinder for Motion to Compel / 1 message __ Law Clerk Fri, May 24, 2024 at 2:20 PM To: SPanah@younessilaw.com, vgarcia@younessilaw.com, TAvila@younessilaw.com, Ryounessi@younessilaw.com, VMartinez@twitchellandrice.com, llimone@twitchellandrice.com Cc: Earl Conaway Good Afternoon Counsel; Attached hereto please find Defendant, Jesus Reyes's Notice of Joinder for Motion to Compel Appearance of Plaintiff at Deposition, Production of Documents, and for Sanctions; Points and Authorities; Declaration of Earl E., Conaway, Ill; and Exhibits in Support Thereof, in the above referenced matter - as submitted to the court for for filing today. Should you experience any difficulty in accessing or viewing this document, or have any questions or concerns thereof, please do not hesitate to contact our office. Respectfully, 2 Deborah W. Santana, NP Paralegal to Earl E. Conaway, III. SLO CONFLICT PUBLIC DEFENDERS, LLP EARL E. CONAWAY, Ill | A PROFESSIONAL LAW CORPORATION 1320 Osos Street San Luis Obispo, CA 93401 T: (805) 546-8797 F: (888) 466-8702 CONFIDENTIALITY NOTICE This electronic mail transmission is privileged and confidential and is intended only for the review of the party to whom it is addressed. If the reader of this e-mail is not the addressee, you are hereby notified that any dissemination or copying of this communication is strictly prohibited and in violation of State and/or Federal laws. if you have received this transmission in error, please immediately contact the sender at (805) 546-8797 and delete from your system. Unintended transmission shall not constitute waiver of the attorney-client or any other privilege. ee a Ramirez v Reyes 22C 03495 Deft J Reyes Ntc of Joinder Mtn to Compel 05.24.24 EXE.pdf 1602K https://mail.goagle.com/mail/u/0/?ik=cOfaf3811e&view=pt&search=all&permthid=thread-a:r493532857 7925913321 &simpl=msg-a:1-567283848579423... 4/1