1 Noemy Martinez

1632 W. 184th Place

2 Los Angeles, CA 90047
3 Defendant In Pro Per
4

5
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
6

8 ) Case No. 16U06507

NOEMY MARTINEZ; )
9 ) RESPONSE TO NOTICE OF MOTION
) AND MOTION TO COMPEL PLAINTIFF
10 ) NOEMY MARTINEZ TO ANSWER
Petitioner, ) DEFENDANT’S INTERROGATORIES
11 ) (MEMORANDUM OF POINTS AND
vs. ) AUTHORITIES; DECLARATION OF
12 ) NOEMY MARTINEZ IN SUPPORT
) THEREOF
13 DAVID SANTIAGO; SONIA GARCIA and )
DOES 1 through 10, ) DATE: July 28, 2016
14 ) TIME: 1:30 p.m.
)
15 ) DEPT: 94
Respondent, )
16 )
)
17 )
)
18 )
)
19 )
)
20

21 TO THE COURT AND DEFENDANTS AND THEIR ATTORNEYS OF RECORD:

22
PLEASE TAKE NOTICE that on July 28, 2016, at 1:30 p.m. or as soon thereafter as the
23
matter may be heard, in Department 94 of the above-entitled court located at 111 N. Hill St., Los
24
Angeles, CA 90012, Plaintiff, Noemy Martinez will and hereby submit a response to Defendants and
25

26 Defendants’ Attorneys’ NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF

27 NOEMY MARTINEZ TO ANSWER DEFENDANTS’ INTERROGATORIES

28
- 1 –
RESPONSE TO NOTICE OF MOTION AND MOTION TO COMPEL
1 (MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF NOEMY
2 MARTINEZ IN SUPPORT THEREOF :
3
1. Plaintiff, Noemy Martinez does not object to answering Defendants’ Interrogatories
4
(Set One).
5

6
2. Plaintiff, Noemy Martinez received interrogatories on July 5, 2016. She had to go out

7 of town the next day on July 6, 2016.

8 3. Plaintiff, Noemy Martinez opposes to the order imposing monetary sanctions against
9
her because she was not here to answer the interrogatories in a timely manner.
10
Opposing counsel was made aware that Plaintiff would not be in town to respond in time. As
11
soon as Plaintiff returned she prepared her responses and served Defendants’ attorney.
12

13 This response will be based upon this notice; all pleadings, records and files in this action; the

14 attached memorandum of points and authorities, declaration and exhibits; and such further oral and
15
documentary evidence as may be presented at the hearing of the motion:
16

17

18
Date: _________________ By: ___________________________________
19 Noemy Martinez, Plaintiff

20

21

22

23

24

25

26

27

28
- 2 –
RESPONSE TO NOTICE OF MOTION AND MOTION TO COMPEL
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 I.
3
INTRODUCTION
4
This is a case brought against Defendants David Santiago and Sonia Garcia for unlawful
5

6
possession of the premises located at 1634 West 84th Place, Los Angeles, CA 90047. Plaintiff Noemy

7 Martinez is owner of the property. Plaintiff served Defendant with a three day notice to pay rent or

8 quit. Defendants did not pay the amount of rent owed.

9
II.
10
STATEMENT OF THE FACTS
11
Defendants’ Attorney served Interrogatories which were received by Plaintiff on July 5, 2016;
12

13 however, Plaintiff Noemy Martinez had to be out of town the following day which was July 6, 2016.

14 Plaintiff Noemy Martinez returned on July 19, 2016. Attached and incorporated herein and marked as
15
Exhibit A is a copy of Plaintiff’s itinerary.
16
On July 7, 2016 Alejandro Sandoval contacted opposing counsel at the Eviction Defense
17
Network. He spoke to one of the assistants and notified her that Mrs. Martinez was out of town and
18

19 would not be able to complete the interrogatories on time. The assistant indicated to Mr. Sandoval

20 that the Defendants David Santiago and Sonia Garcia would like to reinstate tenancy and pay the
21
amount of rent owed, however she did not mention anything regarding the interrogatories.
22
On July 19, 2016 Plaintiff Noemy Martinez was back in town and immediately began
23
responding to the interrogatories. She mailed the interrogatories on July 22, 2016 and also faxed a
24

25 copy to the attorney for Defendants on July 25, 2016.

26 ///
27
///
28
- 3 –
RESPONSE TO NOTICE OF MOTION AND MOTION TO COMPEL
1 III.
2 MONETARY SANCTIONS SHOULD NOT BE IMPOSED AGAINST PLAINTIFF NOEMY
3
MARTINEZ
4
Pursuant to Code of Civil Procedure §2023.010, refusal to participate in discovery exposes
5

6
non-compliance party to sanctions, however, Plaintiff does not refuse to respond to interrogatories.

7 Interrogatories were received a day before Plaintiff was to be out of town making it

8 impossible for her to respond with the deadline given. Plaintiff returned back on July 19, 2016.
9
In addition, Alejandro Sandoval contacted opposing counsel to notify them that Plaintiff was
10
not in town to respond to the interrogatories. Defendants and their attorney were aware that Plaintiff
11
was not here and not able to respond in time. They never indicated to Mr. Sandoval that they would
12

13 file motion to compel. They were aware and seemed to be understanding at the time.

14 It is for these reasons that monetary sanctions should not be imposed on Plaintiff Noemy
15
Martinez.
16
V.
17
CONCLUSION
18

19 Plaintiff Noemy Martinez does not object to respond to interrogatories. There was a big

20 conflict in timing that prevented Plaintiff from preparing her answers on time.
21
Interrogatories were prepared as soon as she returned and mailed on July 22, 2016 and faxed
22
over on July 25, 2016.
23
Opposing counsel was made aware that Plaintiff was not in town.
24

25 It is for these reasons that I hereby request that this Motion to Compel to be denied.

26

27
Date: _______________________ By:___________________________________
28 Noemy Martinez, Plaintiff
- 4 –
RESPONSE TO NOTICE OF MOTION AND MOTION TO COMPEL
1 DECLARATION OF NOEMY MARTINEZ
2 I, Marisol Contreras, declare as follows, that:
3
1. I am the Plaintiff in this unlawful detainer.
4
2. I received the interrogatories on July 5, 2016.
5

6
3. I had to go out of town the following day on July 6, 2016 and I did not return until

7 July 19, 2016.

8 4. With the assistance of Alejandro Sandoval I made sure to notify opposing counsel of
9
my absence.
10
5. When I returned I immediately began working on responding to the interrogatories
11
and I responded as fast as I could.
12

13 6. When I completed my responses, they were mailed out and faxed over to attorney

14 Diana Alvarado at the Eviction Defense Network.

15

16

17 Date: _______________________ ____________________________________

Noemy Martinez, Plaintiff
18

19

20

21

22

23

24

25

26

27

28
- 5 –
RESPONSE TO NOTICE OF MOTION AND MOTION TO COMPEL
1 PROOF OF SERVICE
2

3 I am over the age of 18 and not a party to this action.

4 I am a resident of or employed in the county where the mailing occurred; my

business/residence address is: 700 South Flower St Los Angeles, CA 90017
5 On _______________ I served the foregoing document(s) described as: RESPONSE TO
NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF NOEMY MARTINEZ TO
6 ANSWER DEFENDANT’S INTERROGATORIES (MEMORANDUM OF POINTS AND
AUTHORITIES; DECLARATION OF NOEMY MARTINEZ IN SUPPORT THEREOF
7
to the following parties:
8

9 ATTORNEY FOR PLAINTIFF:

10 DIANA ALVARADO, BAR# 283186

EVICTION DEFENSE NETWORK
11 1930 WILSHIRE BLVD., SUITE 208
12 LOS ANGELES, CA 90057

13
[ X ] (By U.S. Mail) I deposited such envelope in the mail at _Los Angeles___, California
14 with postage thereon fully prepaid. I am aware that on motion of the party
15
served, service is presumed in valid in postal cancellation date or postage meter
date is more than one day after date of deposit for mailing in affidavit.
16
[ ] (By Personal Service) I caused such envelope to be delivered by hand via messenger
17 service to the address above;
18
[ ] (By Facsimile) I served a true and correct copy by facsimile during regular business
19 hours to the number(s) listed above. Said transmission was reported complete
and without error.
20
I declare under penalty of perjury under the laws of the State of California that the foregoing
21

22 is true and correct.

23 DATED: __________
24
_______________________________________
25 Marisol Contreras

26

27

28
- 6 –
RESPONSE TO NOTICE OF MOTION AND MOTION TO COMPEL