Judge: Shirley K. Watkins, Case: LC104978, Date: 2022-10-19 Tentative Ruling
Case Number: LC104978 Hearing Date: October 19, 2022 Dept: T
TENTATIVE RULING-NO OPPOSITION WAS FILED
Mountain Recovery LLC's Motion to compel Comforting Home Hospice Inc to comply with subpoena: GRANT. Request for attorney fees: GRANT in the sum of $1,860 in favor of Mountain Recovery LLC and against Comforting Home Hospice, Inc. pursuant to CCP section 2023.030 for discovery abuse without substantial justification payable by check or money order by 12/1/2022 to the Client Trust Account of NETZAH & SHEM-TOV, INC. 15303 Ventura Blvd., 9th Floor Sherman Oaks, CA 91436.
Discussion:
The court denied with motion by this party to quash the subpoena served on it. Since that time, Comforting Home Hospice Inc. has failed to comply with the subpoena. Therefore, the court orders it, by 11/1/2022 to serve with a verification all documents set forth below on counsel for Judgment Creditor:
DEFINTIONS:
A. the term "DOCUMENT(S)" shall have the broadest meaning permitted under the California Code of Civil Procedure and Evidence Code, and shall include all tangible sources of information, including but not limited to: (a) the original and any nonidentical copy (whether different from the original because of handwritten notes or underlining made thereon, attachments affixed thereto, or otherwise) or drafts thereof, of any-handwritten, typewritten, printed, recorded or graphic matter, however produced or reproduced, including but not limited to charts, plans, drawings, art work, transparencies, sketches, blueprints, files, electronic mail, computer data and/or tapes, reports, travel reports, expense reports, memoranda, notes, minutes, letters and other correspondence, testimony, summaries, abstracts, studies, surveys, graphs, statistics, tables, forms, work papers, logs, indexes, drafts, advertisements, and scripts; and (b) any mechanical, magnetic or electronic or other recordings of any-voice, sound, image or data including but not limited to photographs, microfilms, video and audio tapes, film, and any other-data compilation in Plaintiffs possession, custody or control wherever located.
B. The terms "YOU", "YOUR" and "YOURSELF" as used herein refers to COMFORTING HOME HOSPICE INC, and its predecessors, successors, subsidiaries and affiliated entities, officers, directors, partners, employees, and agents, all jointly and severally.
C. The term "CORRESPONDENCE" shall mean any and all communications, whether by letter, note, memo, memorandum, e-mail, text messages (SMS, MMS), instant massages (IM, DM), notes of telephone conversations and any other DOCUMENT related thereto.
D. The terms "RELATE" or "RELATED" or "RELATING" shall mean concerning, comprising, evidencing, stating, describing, summarizing, explaining, mentioning, supporting, referring to or otherwise having a direct or significant connection with. Please produce the following:
DOCUMENTS:
1. All DOCUMENTS RELATED to all loan agreements between YOU and Alexander Everest which were executed at any time.
2. All DOCUMENTS RELATED to all funds received from Alexander Everest since November 21, 2014.
3. All DOCUMENTS RELATED to all funds paid to Alexander Everest since November 21, 2014.
4. All DOCUMENTS RELATED to all COMMUNICATIONS between YOU and Alexander Everest at any time to the extent they RELATE to any funds received by YOU from Alexander Everest at any time.
5. All DOCUMENTS RELATED to-all COMMUNICATIONS between YOU and Alexander Everest at any time to the extent they RELATE to any funds paid by YOU to Alexander Everest at any time.
6. All DOCUMENTS RELATED to-all loan agreements between YOU and Julianne Everest which were executed at any time.
7. All DOCUMENTS RELATED to all funds received from Julianne Everest since November 21, 2014.
8. All DOCUMENTS RELATED to all funds paid to Julianne Everest since November 21, 2014.
9. All DOCUMENTS RELATED to all COMMUNICATIONS between YOU and Julianne Everest at any time to the extent they RELATE to any funds received by YOU from Julianne Everest at any time.
10. All DOCUMENTS RELATED to all COMMUNICATIONS between YOU and Julianne Everest at any time to the extent they RELATE to any funds paid by YOU to Julianne Everest at any time.
11. All DOCUMENTS comprising YOUR corporate formation.
12. All DOCUMENTS comprising YOUR annual corporate minutes, including but not limited to minutes of annual meetings, meetings of the Board of Directors, and special meetings.