Documentos de Académico
Documentos de Profesional
Documentos de Cultura
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George Sharp
3525 Del Mar Heights Road, #620
San Diego, CA 92130
(310) 498-4455
(619) 446-6717 fax
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In Propria Persona
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SAN DIEGO, CENTRAL DIVISION
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GEORGE A. SHARP,
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)
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Plaintiff,
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v.
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STOCKTIPS.COM, AMERADA CORP.,
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LALUNA SERVICES, INC., TELUPAY
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INTERNATIONAL, INC., ECRYPT
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TECHNOLOGIES, INC., ALKAME
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HOLDINGS, INC., WELL POWER, INC.,
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TIGER OIL AND ENERGY, INC.,
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COASTAL INTEGRATED SERVICES, INC., )
EMPIRE STOCK TRANSFER, INC.,
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QUICKSILVER STOCK TRANSFER, INC., )
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ROBERT BANDFIELD, AWEBER
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SYSTEMS, INC. ADRIAN HERMAN
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THOMAS, HAROLD GEWERTER and
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DOES 8 through 500, inclusive,
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Defendants.
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_____________________________________ )
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PLEASE TAKE NOTICE that, on August 5, 2016 at 1:30 p.m. or as soon thereafter as
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counsel may be heard in Department C-72 of the above-entitled court located at 330 W.
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Broadway, San Diego, California 92101, Plaintiff George Sharp (Plaintiff) will move the
Court for an order compelling responses to Requests for Production, Set One, Propounded to
Plaintiff further moves the Court for an order that Defendant and its counsel, Robert Huston, pay
the sum of $60 as the reasonable costs incurred by Plaintiff in connection with the filing of this
This motion is made on the grounds that the discovery sought is relevant to the subject
matter of this action. Defendants refusal to respond to the discovery requests at issue herein is
without substantial justification and in bad faith. The motion is based on this notice, the
following memorandum of points and authorities and declaration of George Sharp and the
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attached exhibits, the papers and records on file with the court herein, and upon such further
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By.
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______________________________
George Sharp
In Propria Persona
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INTRODUCTION
Plaintiff served a first round of document discovery requests on Defendant, to which
Plaintiff has twice attempted to meet and confer to resolve this issue informally.
Defendant did not respond to either Meet and Confer effort. Defendants failure to properly
respond to discovery requests was done in bad faith and is sanctionable conduct. Defendant and
its counsels actions are flouting the discovery process and the integrity of the judicial system in
general. Defendant should be compelled to provide further responses (and documents) and
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2.
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This action arises out of Plaintiffs Complaint for violation of Business and Professions
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Code 17529.5 based on Defendants participation to defraud the public through a spam email
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pump and dump scheme. The Plaintiff contends that this Defendant participated in the scheme to
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defraud by providing cheap stock to all of the Defendants in exchange for little or no value and
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On February 10, 2016, the Plaintiff served its first set of Requests for Production. Not a
single document was produced nor was an objection lodged in response.
On March 24, 2016, the Plaintiff emailed a request to Meet and Confer to Defendants
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counsel. (Decl. Sharp 4; Exhibit B March 24, 2016 Request to Meet and Confer) The
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On March 29, 2016, the Plaintiff initiated a second attempt to Meet and Confer with
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Defendants Counsel. (Decl. Sharp 6; Exhibit C March 29, 2016 Request to Meet and
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Because defense counsel has failed to provide sufficient responses or to produce the
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LEGAL DISCUSSION
Because Defendant has failed to provide sufficient responses to Plaintiffs discovery
requests and is withholding documents, and instead provided baseless blanket objections, this
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A.
any party may obtain discovery regarding any matter, not privileged, that is relevant
to the subject matter involved in the pending action or to the determination of any motion made
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in that action, if the matter either is itself admissible in evidence or appears reasonably calculated
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The civil discovery statutes are intended to accomplish the following results (1) to give
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greater assistance to the parties in ascertaining the truth and in checking and preventing perjury;
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(2) to provide an effective means of detecting and exposing false, fraudulent and sham claims
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and defenses; (3) to make available, in a simple, convenient and inexpensive way, facts which
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otherwise could not be proved except with great difficulty; (4) to educate the parties in advance
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of trial as to the real value of their claims and defenses, thereby encouraging settlement; (5) to
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expedite litigation; (6) to safeguard against a surprise; (7) to prevent delay; (8) to simplify and
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narrow the issues; and (9) to expedite and facilitate both preparation and trial. 273 Cal.App.2d,
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807, 815-16 (1969) (citing Greyhound Corp. v. Super. Ct., 56 Cal. 2d 355, 376).
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fabrication and forgetfulness, and to eliminate the need for guesswork about the other sides
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evidence, with all doubts about discoverability resolved in favor of disclosure. Glenfed Dev.
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Corp. v. Super. Ct., 53 Cal.App.4th 1113, 1119 (1997). The purpose of pretrial discovery is to
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obtain all of the facts relative to a claim or defense. Hernandez v. Super. Ct., 112 Cal.App.4th
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285, 301 (2003). For discovery purposes, information sought is relevant to the subject matter
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if it might reasonably assist a party in evaluating the case, preparing for trial or facilitating
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responses and refusal to provide further responses, despite Plaintiffs meet and confer effort. As
set forth below, Defendant has failed to make a good faith effort to respond to the requests, and
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Defendant Has Failed to Sufficiently Respond to Plaintiffs RPDs
B.
The party to whom a demand for documents is directed must respond separately to each
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item in the demand by one of the following: (a) a statement that the party will comply by the date
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set for inspection with the particular demand for inspection; (b) a statement that the party lacks
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the ability to comply with the particular demand; or (c) an objection to all or part of the demand.
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An agreement to comply must state that the production and inspection demanded will be
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allowed (in whole or in part) and that the documents or things in the responding partys
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possession, custody, or control will be produced. Code Civ. Proc. 2031.220. In addition,
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compliance is satisfied by producing the documents either as they are kept in the usual course
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of business or sorted and labeled to correspond with the categories in the document demand. Id.
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at 2031.280(a). An inability to comply shall state that a diligent search and reasonable inquiry
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has been made in an effort to locate the item demanded, as well as the reason the party is unable
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to comply (e.g., the document never existed, has been lost or stolen, was inadvertently destroyed,
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or is not in the possession, custody, or control of the responding party). Id. at 2031.230. With
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respect to objections, the objection must identify with particularity the specific document or
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evidence to which the objection is made. Code Civ. Proc. 2031.240(b). Objections constitute
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implicit refusals to produce documents. Standon Co., Inc. v. Super. Ct., 225 Cal.App.3d 898, 901
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(1990). By refusing to respond, Defendant did not adhere to any of the proper actions dictated by
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///
C.
Warranted
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Misuses of the discovery processes include, but are not limited to the
following: . . .
(c) Employing a discovery method in a manner or to an extent that causes
expense.
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discovery.
(f) Making an evasive response to discovery.
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discovery method or any other provision of this title, the Court, after notice to any
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affected party, person or attorney, and after opportunity for hearing, may impose
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the following sanctions against any one engaging in conduct that is a misuse of
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(a) The Court may impose a monetary sanction ordering that (1)
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engaging in the misuse of the discovery process, or any attorney advising that
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conduct, or both, pay the reasonable expenses, including attorneys fees, incurred
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Moreover, Code Civ. Proc. 2030.300(d) requires a court to impose a monetary sanction
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against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel
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further response to a discovery request 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.
The discovery propounded on Defendant were authorized methods of discovery, and its
and its counsels actions in failing to provide proper responses constitute a misuse of the
Defendants action, Plaintiff has been forced to file the instant motion. Based on Defendants
bad faith actions, sanctions in the amount of $60 should be imposed against Defendant and its
counsel.
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4.
CONCLUSION
For the foregoing reasons, Plaintiff George Sharp respectfully requests that the Court
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order Defendant Coastal Integrated Services, Inc. to provide complete substantive responses to
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the RPD 1 at issue in this Motion. Plaintiff further requests that the Court impose sanctions
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against Defendant and its counsel, Robert Huston, in the amount of $60.
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By.
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______________________________
George Sharp
In Propria Persona
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1.
I am over 18 years of age and am the Plaintiff in this case. I have personal
knowledge of the facts stated herein, and if called as a witness would truthfully and competently
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On February 10, 2016, I served Request for Production of Documents, Set One on
the Defendant Coastal Integrated Services, Inc. Attached as Exhibit A is a true and correct
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On March 24, 2016, I sent a Meet and Confer request to Defendants Counsel,
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Robert Huston, regarding responses to the document requests. Attached as Exhibit B is a true
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4.
On March 29, 2016, I sent a second Meet and Confer request to Defendants
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Counsel, Robert Huston, regarding responses to the document requests. Attached as Exhibit C
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5.
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6.
I have not received any responses to the Request for Production of Documents,
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Set One.
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I declare under penalty of perjury under the laws of the State of California that the
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foregoing is true and correct. This declaration was executed on May 24, 2016 in San Diego,
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California.
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____________________________
George Sharp
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I, the undersigned, reside in the County of San Diego, State of California. I am over the
age of eighteen (18) years and not a party to the within action. My business address is 3525 Del
Mar Heights Road, Suite 620, San Diego, California 92130. My email address is
George@George-Sharp.com.
On May 24, 2016, at approximately 8:30 p.m., I served true copies of the foregoing
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follows:
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Kenneth Stone
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Karl@KRInternetLaw.com
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Robert Huston
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Bob_Huston@Yahoo.com
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BY EMAIL: The documents were scanned and uploaded to the One Legal internet
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website with the instruction to forward the documents to the interested parties. I am "readily
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familiar" with the practice of uploading to One Legal for email forwarding.
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I certify under penalty of perjury that the foregoing is true and correct and that this
declaration was executed May 24, 2016.
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____________________
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George Sharp
EXHIBIT A
George Sharp
3525 Del Mar Heights Road, #620
San Diego, CA 92130
(310) 498-4455
(619) 446-6717 fax
In Propria Persona
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GEORGE SHARP,
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Plaintiff,
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v.
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STOCKTIPS.COM, AMERADA CORP.,
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LALUNA SERVICES, INC., TELUPAY
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INTERNATIONAL, INC., ECRYPT
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TECHNOLOGIES, INC., ALKAME
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HOLDINGS, INC., WELL POWER, INC.,
COASTAL INTEGRATED SERVICES, INC., )
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and DOES 1 through 500, inclusive,
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Defendants.
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___________________________________ )
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none
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PROPOUNDING PARTY:
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RESPONDING PARTY:
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SET NUMBER:
One
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ATTORNEY OF RECORD:
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Pursuant to California Code of Civil Procedure Section 2031, plaintiff George Sharp
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hereby requests that defendant Coastal Integrated Services, Inc., hereinafter COASTAL,
-1_____________________________________________________________________________
REQUEST FOR PRODUCTION OF DOCUMENTS BY DEFENDANT COASTAL INTEGRATED SERVICES, INC., SET ONE
produce the following documents for copying and inspection at 3525 Del Mar Heights Road,
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DEFINITIONS
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SERVICES, INC., its employees, agents, attorneys, accountants, transfer agents, officers,
directors, affiliates, successors, assigns, partners, representatives, any person or entity acting on
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partnership, corporation, organization, business, trust, joint venture, receiver, estate, syndicate or
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any other entity or combination acting as a unit or acting as a form of legal entity, including the
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parties to this suit and their members, officers, directors, partners, agents, contractors,
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5.
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mentioning, discussing, summarizing, describing, regarding, referring to, relating to, evidencing,
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correspondence, message or other occurrence where thoughts, opinions or data are transmitted
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broadest possible sense and mean, without limitation, any kind of written, printed, typed,
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whether comprised of letters, words, numbers, pictures, sounds, syllables or any combination
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thereof, regardless of whether the same is an original, a copy, a reproduction, a facsimile or draft,
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and regardless of the source or author thereof. This definition includes copies or duplicates of
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or other markings. Without limiting the generality of the foregoing, the terms DOCUMENT
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and DOCUMENTS include, but are not limited to, correspondence, memoranda, notes,
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working papers, summaries, statistical statements, financial statements or work papers, accounts,
investigations, trade letters, press releases, comparisons, books, calendars, diaries, articles,
including inter- and intra-office communications, faxed materials (including fax cover sheets),
film, tapes, disks, diskettes, data cells, tape back-ups, drums, print-outs, all other data
compilations from which information can be obtained (translated, if necessary, by YOU into
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usable form), and any preliminary versions, drafts or revisions of any of the foregoing, whether
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used or not, and any writings as defined by Rule 1001 of the Federal Rules of Evidence.
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8.
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Court and the parties hereto in determining the validity of the claim of privilege, you are asked to
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furnish a list (Privilege Log) signed by the person supervising the response to this request for
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production of DOCUMENTS, which identifies each DOCUMENT for which the privilege is
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a)
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b)
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c)
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including said PERSONS last known business and home addresses and
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telephone numbers;
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d)
the nature and substance of said DOCUMENT set forth with sufficient
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particularity to enable the Court and the parties hereto to identify the
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DOCUMENT;
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e)
-3_____________________________________________________________________________
REQUEST FOR PRODUCTION OF DOCUMENTS BY DEFENDANT COASTAL INTEGRATED SERVICES, INC., SET ONE
f)
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and
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DOCUMENT REQUESTS
REQUEST FOR PRODUCTION NO. 1
Copies of all Opinion Letters and other documents which recommended directed or
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enabled the removal of legends on previously restricted stock certificates for the period January
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By.
______________________________
George Sharp
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-4_____________________________________________________________________________
REQUEST FOR PRODUCTION OF DOCUMENTS BY DEFENDANT COASTAL INTEGRATED SERVICES, INC., SET ONE
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I, the undersigned, reside in the County of San Diego, State of California. I am over the
age of eighteen (18) years and not a party to the within action. My business address is 3525 Del
Mar Heights Road, Suite 620, San Diego, California 92130. My email address is
George@George-Sharp.com.
On February 10, 2016, at approximately 12:30 p.m., I served true copies of the foregoing
documents described as REQUEST FOR PRODUCTION OF DOCUMENTS BY
DEFENDANT COASTAL INTEGRATED SERVICES, INC., SET ONE on the interested
parties in this action, addressed as follows:
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Kenneth Stone
THE STONE LAW GROUP
Karl@KRInternetLaw.com
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Robert Huston
Bob_Huston@Yahoo.com
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BY EMAIL: The documents were scanned and uploaded to the One Legal internet
website with the instruction to forward the documents to the interested parties. I am "readily
familiar" with the practice of uploading to One Legal for email forwarding.
I certify under penalty of perjury that the foregoing is true and correct and that this
declaration was executed February 10, 2016.
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____________________
George Sharp
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-5_____________________________________________________________________________
REQUEST FOR PRODUCTION OF DOCUMENTS BY DEFENDANT COASTAL INTEGRATED SERVICES, INC., SET ONE
EXHIBIT B
George Sharp
From:
Sent:
To:
Cc:
Subject:
George Sharp
310-498-4455
EXHIBIT C
George Sharp
From:
Sent:
To:
Cc:
Subject:
Mr. Huston:
I have now not only not received the documents, but I have not received a response to my Meet and Confer email. Please let me know by the end of business
tomorrow whether you will be producing the documents by April 8, 2016 or not.
George Sharp
310-498-4455
From: George Sharp [mailto:george@george-sharp.com]
Sent: Thursday, March 24, 2016 8:08 PM
To: bob_huston@yahoo.com
Cc: Kenneth Stone (khstone@hotmail.com)
Subject: Sharp v StockTips.com - Your client: Coastal Integrated Services, Inc.
George Sharp
310-498-4455
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