DEFENDANTS MOTION TO COMPEL

IN THE MAGISTRATE COURT OF FULTON COUNTY

STATE OF GEORGIA

DEFENDANT’S MOTION TO COMPEL

COMES NOW Crystal Pendergrass, Defendant herein, and files this, Motion to Compel against Plaintiff McRef Dunwoody Preserve D/B/A the Preserve at Dunwoody respectfully showing as follows:

• Defendant served its First Request for Production to Plaintiff and Plaintiff’s representation on January 13, 2022;

• Plaintiff has failed to comply with the Georgia Civil Practice Act by refusing to respond to the Request for Production either in writing or through production of the requested documents.
• Plaintiff’s failure and refusal to provide proper responses to Defendant’s discovery is without substantial justification.

MEMORANDUM OF LAW

1. FACTS

1. Background

Plaintiff filed its claim to recover rent arrears and associated expense in the amount of $2868.00, and utitlies fees of $342.00 allegedly owed by the Defendant.

In his Answers and Defenses, the Defendant disputed the figures and asserted that the amount sought by the Plaintiff remains unjustified. Further, Defendant asserted improper management of books of accounts by the Plaintiff.

Defendant also filed its First Request for Production of Documents which sought copies of audited statements of accounts and/or any other relevant documents which the Plaintiff relied upon to determine and assert liability on the part of the Defendant. The Plaintiff to date has ignored, denied, or otherwise failed to comply with the Defendant’s First Request for Production.

• Defendant’s Discovery

Defendant’s Document Requests Nos. 1-11, requested an itemization of each category of cost, a statement as to how the figures were calculated, and statements audited by a qualified and duly certified accountant, broken down by year. Defendant’s Document Requests Nos. 1-11, have gone unanswered.

• Plaintiff’s Responses

Plaintiff has not responded to the Defendant’s request for production either in writing or through production of the requested documents.

1. ARGUMENT AND CITATION OF AUTHORITY

Plaintiff was required “to produce and permit the party making the request, or someone acting on his behalf, to inspect and copy any designated documents” OCGA § 9-11-34(a)(1). However, the Plaintiff neither specified nor produced any documents requested in the Defendant’s request for production. Defendant cannot conduct adequate discovery without obtaining the requested documents from Defendants

The actions of the Plaintiff and Plaintiff’s Counsel in failing to respond to Defendant’s efforts to find out basic facts about the assessments is troubling. Nonetheless, the conclusion is inescapable that Plaintiff is seeking to evade his discovery obligations, and Defendant must request that he be compelled to do so. These facts also justify an award to Defendant of its costs and expenses incurred in obtaining the order.

WHEREFORE Defendant respectfully moves for an Order pursuant to OCGA § 9-11- 37(a):

• Requiring Plaintiff to produce the documents requested in Defendant’s First Request for Production of Documents within ten (10) days of the entry of the Order;
• Setting a hearing and awarding Defendant its reasonable expenses incurred in obtaining the Order as provided in 9-11-37(4)(A), and
• Granting Defendant such other and further relief as may be just and appropriate under the circumstances.

This 11^th day of February, 2022.

Respectfully submitted,

/s/ Crystal Pendergrass

Dated: December 21, 2021 Crystal Pendergrass

1904 Summerbrook Drive,

Atlanta, GA 30350

Defendant.

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