Document Qkn0GoKeJpVDnxbeGJjmz8Vgo

(SPACE BELOW FOR FILING STa XI ONLT . 1 LAW OFFICES SHIELD & SMITH 1200 WILSMine BOULEVAttO 2 LOS ANGELES. CALIFORNIA 10017 TilI^honI 402-20'0 3 4 5 Attorneys poanefp.ndftnt 6 REICHHOLD CHEMICALS, INC. 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF LOS ANGELES 10 11 NIAOMI AMITON, et al., 12 Plaintiffs, 13 v. 14 MACKLIN COMPANY, INC., et al., 15 Defendants. 16 17 ) CASE NO. C 526 841 ) ) NOTICE OF MOTION TO COMPEL ) ANSWERS TO INTERROGATORIES; ) MEMORANDUM OF POINTS AND ) AUTHORITIES; DECLARATION OF ) J. LAWRENCE JUDY ) ) HEARING: August 6, 1985 ^ ) TIME: 9:00 a.m. g DEPT. 82 TRIAL DATE: None 18 19 TO THE PLAINTIFFS, BARBARA BARBARA ACKERLEY, AND NIAOMI AMITON, AND 20 TO THEIR ATTORNEYS OF RECORD: 21 PLEASE TAKE NOTICE that on August 6, 1985, at 9:00 a.m., or as soon thereafter 22 as the matter may be heard, in Department 82 of the Los Angeles County Superior Court 23 located at 111 North Hill Street, Los Angeles, California, defendant, REICHHOLD 24 CHEMICALS, INC., will move the Court for an Order compelling plaintiffs, NIAOMI 25 AMITON and BARBARA ACKERLEY, to answer interrogatories served on plaintiffs' 26 attorneys of record on April 4, 1985. This motion will be made and based on the grounds 27 that the plaintiffs have failed to answer the interrogatories served on their attorneys on 28 April 4, 1985. This motion is made and based upon this Notice of Motion, the attached 1 2 Memorandum of Points and Authorities, the attached Declaration of J. Lawrence Judy, and upon such oral and documentary evidence as may be considered by the Court at the 3 4 hearing on this Motion. DATED: July 16, 1985 5 6 SHIELD & SMITH 7 8 J. LAWRENCE JUDY Attorneys for Defendant, REICHHOLD 9 CHEMICALS, INC. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 xi OOro"J law offices SHIELD & SMITH 2. 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 3 Code of Civil Procedure, Section 2030 provides: 4 "Any party may serve upon any other party .written interrogatories to be answered by the party 5 served. . . . The interrogatories shall be answered 6 separately and fully in writing under oath. The 7 answers shall be signed by the person making them; 8 and the party upon whom the interrogatories have 9 been served shall serve the answers on the party 10 submitting the interrogatories within 30 days after 11 the service of the interrogatories. . . 12 As more fully appears in the attached Declaration of J. Lawrence Judy, on April 4, 13 1985, separate sets of interrogatories propounded to plaintiffs, NIAOMI AMITON and 14 BARBARA ACKERLEY, by defendant, REICHHOLD CHEMICALS, INC. (Nos. 1 through 15 5 121) were served on plaintiffs' attorneys. At the preparation of this motion, the 16 plaintiffs' answers to the interrogatories have not been received at the offices of 17 o CO Shield 6c Smith. 18 It is respectfully submitted that the plaintiffs should be compelled to answer, 19 separately and without objection, the interrogatories served on their attorneys on 20 April 4, 1985. 21 DATED: July 16, 1985 22 23 SHIELD & SMITH 24 25 By J. LAWRENCE JUDY Attorneys for Defendant, REICHHOLD 26 CHEMICALS, INC. 27 28 3. LAW OFFICES SHIELD & SMITH 1 200 WltaHIRC OULfVAo LOS ANGELES, CALIFORNIA **7 Tiiohom 4*3 3010 <SPACE BELOW POR FILIVC STAMP ONLY) IJRL U8327 Attorneys row Dpfpnfia nt__________________ REICHHOLD CHEMICALS, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES NIAOMI AMITON, et al.. Plaintiffs, v. MACKLIN COMPANY, INC., et al., Defendants. ) CASE NO. C 526 841 ) ) DECLARATION OF J. LAWRENCE ) JUDY IN SUPPORT OF MOTION TO ) COMPEL ANSWERS TO ) INTERROGATORIES ) ) HEARING: August 6, 1985 ) TIME: 9:00 a.m. ) DEPT. 82 TRIALDATE: None I, J. LAWRENCE JUDY, declare: 1. I am an attorney at law admitted to practice before all the Courts of the State of California. I am a partner at Shield 6c Smith, attorneys for defendant, REICHHOLD CHEMICALS, INC, I have reviewed and am familiar with my firmTs file pertaining to this litigation. If called as a witness, I would competently testify to the following facts and circumstances. 2. On April 4, 1985, separate sets of interrogatories to plaintiffs, NIAOMI AMITON and BARBARA ACKERLEY, by defendant, REICHHOLD CHEMICALS, INC., were served by mail on the plaintiffs' attorneys of record. On May 3, 1985, an extension of time within which to respond to these interrogatories was granted. As a result of this extension, the plaintiffs' responses to the interrogatories were due on June 12, 1985. A 4. URL 08328 photocopy of this letter is attached as Exhibit "A". 1 3. On June 13, 1985, this office addressed a letter to plaintiffs' attorneys, 2 requesting receipt of plaintiffs' interrogatory answers on or before July 1, 1985. A 3 photocopy of the file copy of this letter is attached as Exhibit "B". 4 4. At the preparation of this Declaration, the plaintiffs' answers to the 5 interrogatories served on April 1, 1985, have not been received at n _ 'ffice. There have 6 been no further extensions of time within which to answer the interrogatories requested 7 by or granted to the plaintiffs or their attorneys. 8 5. The interrogatories served on April 1, 1985, seek information that is 9 fundamental to this defendant's investigation of this matter and the preparation of the 10 matter. Without the information requested in the interrogatories, the defendant cannot 11 adequately evaluate the matter for purposes of settlement or prepare the matter for 12 trial. 13 In accord with the laws of the State of California, I declare under penalty of 14 perjury that the foregoing is true and correct and that this Declaration was executed on 15 July 16, 1985, at Los Angeles, California. 16 17 18 J. LAWRENCE JUDY Declarant 19 20 21 22 23 24 25 26 27 28 5. r. LAW OFFICES SCHLOTHAUER & ELLISON 11661 W. SAN VICENTE BOULEVARD. SUITE 3G3 LOS ANGELES. CALIFORNIA 90049 <213) 820-0606 RECEIVED MAY 8 1985 ^nitLV A 3*MlH THOMAS L. SCHIOTHAUER TERRI H. ELLISON VICTORIA E. TOWNSEND JAMES P. DEXHEIMER May 3, 1985 RANDOLPH K. VAHAN MARK S. COLLINS ROBERT L. LUTY of COUMSSl J. Lawrence Judy, Esq. SHIELD & SMITH 1200 Wilshire Boulevard Los Angeles, 90017 RE: Amiton v. Macklin Company, et al. Our File No.: 1000.643 Dear Mr. Judy: This will confirm the conversation between our respective offices wherein your office graciously granted our client an extension through and including June 12, 1985, within which to respond to interrogatories propounded by your office on April 4, 1985. As we explained in our phone conversation, our offices are going to be substituted out of this case in the near future. We will provide you with a conformed copy of the fully executed Substitution of Attorney at our earliest convenience Your cooperation and courtesy in this matter is greatly appreciated. If we can be of any assistance to you, please contact us. Very truly yours. JPD/jl EXHIBIT "A mcoodac " SMtCLd <C IMM.L W tUU, V* ic*mo t CAit^e a. <*** f* UVtN V TlfMT i. wAiaC* C-Os.** *o*.*CCA jO*H lOC">1 j. 4A*fNCt QCB*lO A imCP*"D 4a*t *Oi*T CiBCaoT C m*CCCTt ao*o * oci jirrfttr S HU AV.O M -awl'tCl 0C3 W C-'C*'jT *At" % rCLluG ><Mtsc s;oo MVmv* jOCl l 4UISIUN AJltNA A. BACC"*AOOO(4A tClOC C- CltU IlMNl M HAAAMV** jvOitm liMMk COO"l* ** c HeCOiCK C*AvCl * NCTTtWl A*ft STVVCN "CN"'"0 winter ft fitiot* t"Nift j Hf DONNA O0C*l A OOvOVA* ylOa **("? * HAMILTON *Air* o jQmm HC0" JON fHCOOO*C law orriccs SHIELD & SMITH ILIITC oo KOO w L ft H i A C IO!-CVAIO LOS ANGELES, CALIFORNIA 90017 TUt'HQNt (2131 **-30>0 June 13, 1985 ror *tsr a k rs 0C4i0 f %mr j* *0"N K LOOK'S Schlothauer & Ellison 11661 San Vicente Boulevard Suite 303 Los Angeles, California 90049 RE; AMITON v. MACK LIN COMPANY, INC., et al. Gentlemen: On April 4, 1985, a First Set of Interrogatories Propounded to Plaintiff, Niaomi Amiton, by Defendant, Reichhold Chemicals, Inc. was served on your offices. On the same date a separate set of interrogatories propounded to Barbara Ackerley was served on your offices. On May 3, 1985, yc confirmed an extension of time to and including June 12, 1985 within which to respond to the interrogatories. In your May 3, 1985 letter you indicated that the extension was necessary because you would soon be substituted out of the matter. The Substitution of Attorney has not been received. The answers to interrogatories have not been received. Please forward the plaintiffs'answers to the interrogatories propounded on April 4, 1985 so that they are received in this office on or before July 1, 1985. Very truly yours, JLJ:dr J. LAWRENCE JUDY Of SHIELD & SMITH URL 08330 EXHIBIT B (PROOF OF SERVICE BY MAIL -- 1013a, 2015.5 C.C.P.) 1 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES 3 ) ) ss. ) lama resident of the county aforesaid} I am over the age of eighteen years and not a 4 party to the within entitled action; my busine, address is: 1200 Wilshire Boulevard, Suite 400, Los Angeles, California 90017. 5 On__ July 16, 1985, I served the within 6 NOTICE OF MOTION TO COMPEL ANSWERS TO INTERROGATORIES; 7 MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF J. LAWRENCE JUDY 8 on the interested parties in said action, by placing a true copy thereof enclosed in a 9 sealed envelope with postage thereon fully prepaid, in the United States mail at Los Angeles, California, addressed as follows: 10 SCHLOTHAUER 6c ELLISON 11 11661 San Vicente Boulevard, Suite 303 Los Angeles, CA 90049 12 ROPER & FOLINO 13 3434 West Sixth Street, Suite 200 Los Angeles, CA 90020 14 CHASE, ROTCHFORD, DRUKKER 6c BOGUST 700 South Flower Street, 5th Floor Los Angeles, CA 90017 ^ 3D 5 " 'li McCLINTOCK, KIWAN, BENSHOOF, ROCHEFORT & WESTON 611 West Sixth Street, Suite 2100 Los Angeles, CA 90017 HILL, GENSON, EVEN, CRANDALL & WADE 505 Shatto Place Los Angeles, CA 90020 X (By mail) I caused such envelope with postage thereon fully prepaid to be placed in the United States mail. Executed on July 15, 1985,at Los Angeles, California. (By Personal Service) I caused such envelope to be delivered by hand to the offices of ________________________________________________________ __________. Executed on__at Los Angeles, California. I declare, under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ^ /p A C """"(Signature) Terri Garson )