Answers to Defendants recent response; this is to go with our declaration

February 4, 2023

Answers to Defendants recent response; this is to go with our declaration

 

Copies of inventory of 3c trains
According to ex partner Kevin Rock there were 3c trains full of items that did not fit in the showroom and there should be an inventory if all items were tagged with consignment numbers as Defendants state. We would like to see that inventory and if there is not one then it shows that Defendants did not honor the contracts with Consignors. Plaintiffs respectfully ask Judge to order discovery on these items. 

 

Copies of Donated Items 2016-2019

  1. If Copies of donated Inventory were given to Attorney David Lally as Defendants state, Mr. Lally did not forward them to Plaintiffs. Plaintiffs do not believe It is not an invasion of privacy to request where the items were donated to and for the donation receipts. Plaintiffs wish to ascertain when these items were donated and if the contract was adhered to. Defendants in prior emails contradicted this statement when they emailed plaintiff Craig l  February 28, 2019 Defendants stated “As for your accusation that we pocketed your money, we will be happy to make a copy of every credit card transaction for the purchases of your items. We will do this tomorrow and will send with
    tracking. We also have receipts for every donation. We will include that to”. NOTE: NEVER SENT
    Please see that in her response to our request for production of documents (No.#1), she indicates that she never had copies of these transactions. Not that she had misplaced them, or they were with the sheriff’s office, or had been lost. She never had them. Evidently, she was not telling the truth. Same with the donation receipts. (N0#16) She claims that she does not now, and never had any.
    However, above, she claims to have receipts for every donation. Which is it? Further,
    Teena Colebrook has an email from Bowen Gardner where she offers to generate donation receipts. So, here we have a case of 

1.) TT never had them 

2.) TT has them and will send 

3.) TT will generate them as needed. Three different scenarios.

Plaintiffs respectfully ask Judge to order discovery on these items. 

 

3.Copies of W2 or 1099
Defendants state that these documents cannot be provided for defendant’s mother Linda Bowen and Nick Brooks due to EDD laws and Plaintiffs respectfully request that the Judge intervene and authorize production of these forms. Plaintiffs wish to ascertain if Defendant’s mother and Nick were being paid under the table to avoid taxes.  No such documents for Defendants themselves have been sent despite their assertions to the contrary if they have them they should provide them. Plaintiffs respectfully ask Judge to order discovery on these items. 

 

Copies of records or sales taxes impounded by state board.
Defendant’s state these are not relevant to the case and Plaintiffs disagree, they are TTHC documents and Plaintiffs believe that they will show that Defendants have deliberately defrauded the state board as they have other consigners, and it will show a pattern of fraud Plaintiffs respectfully ask Judge to order discovery on these items. 

 

Copies of Sales Tax to the State Board of Equalization.

Defendants’ response is Asked and Answered? Plaintiffs state that these documents have not been proffered. Plaintiffs respectfully ask Judge to order discovery on these items. Plaintiffs respectfully ask Judge to order discovery on these items. 

 

  1. Copies of all credit card transactions 2016-2019.

Defendants state they are not in possession of documents, and they could not give them out due to privacy reasons? Plaintiffs disagree and assert that Defendants can request Credit card statements from their credit card companies and that they are not private. Plaintiffs are asking for sales and receivable information from their business and personal credit cards to show what their were spending on and/or receiving. Plaintiffs respectfully ask Judge to order discovery on these items. Plaintiffs respectfully ask Judge to order discovery on these items. 

 

Copies of all accounting documents from 2016-2019
Plaintiffs have not received accounting documents as Defendants state and aver that Defendants are avoiding providing relevant documents because they are hiding information that is relevant to Plaintiffs case. Plaintiffs respectfully ask Judge to order discovery on these items.

 

Copies of al bounced checks from both Defendants 2017-12019

Unlike Defendants answers. These are absolutely relevant to the case as it shows that Defendants consistently refused to pay people and intended to defraud. Plaintiffs disagree that these will have personal information that cannot be disclosed. Plaintiffs respectfully ask Judge to order discovery on these items. Plaintiffs respectfully ask Judge to order discovery on these items

 

Copies of documents request by the trustee in Defendants Bankruptcy

these are absolutely relevant to the case. If trustee wants them it shows that they are relevant to the case. Plaintiffs aver that all the documents requested by the Trustee Jeremy Faith at the 341 hearings have not been provided as requested. (eg. Tax returns, contracts of purchase and sale of vehicles) Plaintiffs respectfully ask Judge to order discovery on these items. Plaintiffs respectfully ask Judge to order discovery on these items

 

Copies of receipts of items taken by the DA. 

This has not been answered and is relevant to the case, Defendants stated that the DA and Sheriff’s confiscated items so she could not provide them. The District Attorney informed Plaintiffs that a full receipt and accounting of all items confiscated was provided to Defendants. Plaintiffs are requesting that receipt which is relevant to our case as it will show what documents were in Defendant’s possession. Plaintiffs respectfully ask Judge to order discovery on these items

 

Copies of cleared checks for Colleen Craig and Teena Colebrook.
Defendants have previously stated  on January 19th, 2021 that these copies were ordered from the bank; now they say that documents were provided which is blatantly untrue Plaintiffs cannot and should not have to attempt to ascertain what defendants claim to have paid them and are unable to ask for confirmation from their bank. This is information that Defendants have to provide; they must prove that they paid plaintiffs what they claim to have paid them. Plaintiffs respectfully ask Judge to order discovery on these items

 

Copies of personal and business tax returns. 

Documents have not been provided as claimed and if tax returns had been filed they were available for defendants to request from the IRS. There should be no reason for a forensic tax service in Burbank to provide what should be available from the IRS? Defendants previously stated that plaintiffs would receive them on September 24th so their story changes all the time and plaintiffs aver that defendants have had more than enough time to provide the documents requested. Bankruptcy Trustee Jeremy Faith stated to Defendants in 2019 that they had to refile because they could not have a negative income. Plaintiffs respectfully ask Judge to order discovery on these items. Re: Tax returns :  Answer to RFP:  “To the extent available Defendant will produce these documents”Defendants state that they have filed taxes they should easily be able to provide a copy of filed taxes, they should not need to now manufacture them.

 

Andrea Bowen-Gardner
Sep 23, 2021, 6:31 PM
to me

Teena, 

Mady the accountant will email the taxes to you in the morning. THESE WERE NEVER SENT TO PLAINTIFFS

Andrea

 

 

Copies of missing bank statements.
Defendants have not provided all bank statements Plaintiffs have asked for specific missing statements many times. Defendant have promised them, but they have not been provided, if defendants had them, they can easily be provided within a matter of days but have not. Plaintiffs aver those defendants are trying to hide relevant information. Plaintiffs respectfully ask Judge to order discovery on these items

Bank Statements

Inbox

Andrea Bowen-Gardner
Wed, Oct 13, 9:21 PM (7 days ago)
to me

Do you have the Rabo statements? 

 

I ordered a new set of bank statements from US Bank. I will forward them tomorrow.        These were never forwarded to Plaintiffs as promised.

 

Re #5 Copies accounting documents:  

 

Copies of cleared checks for Colleen Craig and Teena Colebrook.
Defendandst have previously stated that these copies were ordered from the bank; now they say that documents were provided which is untrue Plaintiffs cannot and should not have to attempt to ascertain what defendants claim to have paid them and are unable to ask for confirmation from their bank. This is information that Defendants have to provide, they must prove that they paid plaintiffs what they claim to have paid them

In Defendants 1/19/2021 RFP They stated “With that said I am able to provide copies of the cleared checks. I ordered them from Wells Fargo”  10 months later Plaintiff Colebrook is still waiting for them and cannot ask her own bank as they do not have copies of them.

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