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Laurence C. Hall (State Bar No.053681)
THE HALL LAW CORPORATION
A Professional Law Corporation
6242 Westchester Parkway, Suite 240
Los Angeles, California 90045
Telephone: (310) 738-6199
Facsimile: (760) 398-4455
Email: Larry a,LarrvHallLaw.com
(with copy to assistant, Beckv@LarrvHallLaw.com)
Attorneys for Plaintiffs,
DR. ELLIOT H. BRUNNER AND DR. NOURIT H. KORZENNIK,
AS CO -TRUSTEES OF THE ELLIOT H. BRUNNER
AND NOURIT H. KORZENNIK REVOCABLE TRUST
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
DR. ELLIOT H. BRUNNER AND DR. NOURIT :
H. KORZENNIK, AS CO -TRUSTEES OF THE
ELLIOT H. BRUNNER AND NOURIT H.
KORZENNIK REVOCABLE TRUST dated July 8, :
2009, as Amended and Restated on March 6, 2013, :
Plaintiffs,
v.
TOSHIKO NAKAMURA an individual, TAKASHI:
NAKAMURA, an individual and DOES 1-50, .
INCLUSIVE,
Defendants.
PROPOUNDING PARTY:
RESPONDING PARTY:
SET:
Case No.: 19TRCV00316
(Related to Case Nos. Lead Case No BC617507
and Case Nos. YC072196
[Hon. Randolph M. Hammock, Dept. 47]
Complaint Filed: April 2, 2019
Trial Date: None
PLAINTIFFS' FIRST DEMAND FOR
INSPECTION OF DEFENDANTS'
PROPERTY
Plaintiffs, Dr. Elliot Brunner and Dr. Nourit Korzennik
Defendants Toshiko and Takashi Nakamura
One
PLEASE TAKE NOTICE that Plaintiffs hereby demand, pursuant to Code of Civil Procedure
§2031.010, subd. (a), (c) and (d), that Defendants Toshiko Nakamura and Takashi Nakamura permit
Plaintiffs, their attorneys, consultants, experts, agents and/or representatives to enter upon the
Nakamuras' property located at 24 Cinchring, Rolling Hills, California (hereinafter the "Nakamura
property") on July 9, 2019, at 10:00 a.m. to inspect, photograph, perform a geotechnical inspection and
remove soil samples and conduct testing on the Nakamuras' property, including the slope between 24
Plaintiffs' First Demand for Inspection of Defendants' Property
Page - 1
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Cinchring and Plaintiffs' property at 26 Cinchring, as well as the surrounding canyons, ravines, and fill
at or near the improvements at the Nakamuras' property. It is anticipated that the inspection will take
between 5 to 7 hours, depending on what is found during the inspection.
Plaintiffs intend to inspect, measure, survey, photograph, videotape, evaluate, test, and/or
otherwise sample the Nakamuras' real property, including but not limited to the slope between the
Nakamuras' property and Plaintiffs' property at 26 Cinchring, as well as the northwest, west and
southwest areas of the existing building on the Nakamuras' property where there appears to be
uncontrolled fill with mixed construction debris on the descending slopes. The fill does not appear
compacted; it appears to be placed over the top of the natural slope, which appears to be approximately
2:1; there does not appear to be any erosion control devices in place or a method to control the fill; and
there appears to be uncontrolled fill with mixed construction debris to the side of the existing building
on the Nakamuras' property. These conditions and areas will be inspected, photographed, videoed,
measured, evaluated, tested and documented during this inspection
Plaintiffs intend to excavate various test holes in and near the slope area between the Plaintiffs
and Nakamuras' properties, as well as the areas referenced hereinabove, in order to conduct an
inspection and examination of the soils, conditions and construction. This will include digging out soils,
sampling, identifying, categorizing and classifying the soils and debris at various locations as deemed
appropriate by Plaintiffs' experts, consultants, agents, attorneys and representatives. The precise
number, location and depth of the subject test holes will be made on site at the time of the inspection.
The soil will be returned to the holes dug. No permanent modification or alteration will occur, and
Plaintiffs' experts, consultants, agents and/or representatives will restore the Nakamuras' property to its
pre -inspection condition.
Dated: June 5, 2019
THE HALL LAW CORPORATION
BY:
Laurence C. Hall
Attorneys for Plaintiffs
Plaintiffs' First Demand for Inspection of Defendants' Property
Page-2
• •
PROOF OF SERVICE
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2 STATE OF CALIFORNIA, COUNTY OF RIVERSIDE
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7.
I am employed in the County of Riverside, California. I am over the age of eighteen years
and not a parry to the within cause; my business address is 31078 Waterton Court, Murrieta, CA
92563.
On June 5, 2019, I served the within following documents: PLAINTIFFS' FIRST
DEMAND FOR INSPECTION OF DEFENDANT NAKAMURA'S PROPERTY on the
interested parties in said cause, by the placing true copies thereof enclosed in sealed envelopes
addressed as follows:
8 Michael B. Geibel, Esq.
9 GIBBS CIDEN LOCHER TURNER
SENET & WITTBRODT LLP
10 1880 Century Park East, 12th Floor
Los Angeles, California 90067-1621
11 Tel: (310)552-3400
12 Fax (310) 552-0805
Email: maeibela2ibbsgiden.com
13 Attorneys for Defendants
TOSHIKO NAKAMURA, and AKASHI NAKAMURA
14 Case No.: 19TRCV00316
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16 _(First Class Mail) I am readily familiar with the firm's practice of collection and processing
17 correspondence for mailing. Under that practice it would be deposited with U.S. postal service on
that same day with postage thereon fully prepaid at Murrieta, California in the ordinary course of
18 business. I am aware that on motion of the party served, service is presumed invalid if postal
cancellation date or postage meter date is more than one day after the date of deposit for mailing in
19 affidavit.
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XXX (BY FEDERAL EXPRESS.) (OVERNIGHT) I deposited such envelope in the Federal
21 Express Depository at Murrieta, California. The envelope was sent for overnight delivery and full
postage/cost for overnight delivery has been fully prepaid.
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23 I declare under penalty of perjury that the foregoing is true and correct, and that this
declaration was executed on June 5, 2019, at Murrieta, California.
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26 Becky Tucker
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PROOF OF SERVICE
Page 1