Lillian H. Khosravi, SBN 316930
1000 Town Center Dr. Suite 300
Oxnard, CA 93036
Telephone: (805) 428-1253
ATTORNEY FOR ENVIRONMENTAL EDUCATION GROUP, INC. & KENT CRAIG CARRUSO
Lielle Arad
2828 Cochran St. # 177
Simi Valley, CA 93065
Telephone: (310) 994-9858
DEFENDANT/CROSS-COMPLAINANT IN PRO PER
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF VENTURA – HALL OF JUSTICE
| JEANETTE BUERLING AKA JEANETTE MILIO, AN INDIVIDUAL; AND JAMES MILIO,Plaintiffs,vs.LIELLE ARAD, AN INDIVIDUAL; KENT CRAIG CARRUSO, AN INDIVIDUAL; JEANETTE’S EDELWEISS, LLC, A DELAWERE LIMITED LIABILITY COMPANY D/B/A JULIE’S ALPS AT JEANETTE’S EDELWEISS; ENVIRONMENTAL EDUCATION GROUP, INC., A CALIFORNIA NON-PROFIT CORPORATION; AND DOES 1 THROUGH 20 INCLUSIVE,Defendants LIELLE ARAD; AND ENVIRONMENTAL EDUCATION GROUP, INC. Cross-Complainants, vs. JEANETTE BUERLING AKA JEANETTE MILIO, AN INDIVIDUAL; JAMES MILIO, AN INDIVIDUAL; AND DOES 1 THROUGH 25, INCLUSIVE, Cross-Defendants. |
Case No.: 56-2018-00518291-CU-BC-VTAmotion to allow witness testimony by video conferencing HEARING DATE:DEPARTMENT: 43TIME: reservation no.: 2540666 |
NOTICE OF MOTION TO ALLOW WITNESS TESTIMONY BY VIDEO CONFERENCE
You are notified that on _______________ (date), at _______ (time), or soon thereafter as the Defendant/Cross-Complainant can be heard, in Courtroom ___ of the Superior Court for the State of California at the County of Ventura Courthouse at 800 S Victoria Ave, Ventura, CA 93009, the Defendant/Cross-Complainant will bring on for hearing this Motion to Allow Witness Testimony by Video Conference for the reasons stated in the attached Motion.
Dated this ____ day of ___________________, 2021.
Respectfully Submitted,
___________________________________
Lillian Khosravi, Attorney at Law
___________________________________
Lielle Arad, Defendant/Cross-Plaintiff in pro per
Lillian H. Khosravi, SBN 316930
1000 Town Center Dr. Suite 300
Oxnard, CA 93036
Telephone: (805) 428-1253
ATTORNEY FOR ENVIRONMENTAL EDUCATION GROUP, INC. & KENT CRAIG CARRUSO
Lielle Arad
2828 Cochran St. # 177
Simi Valley, CA 93065
Telephone: (310) 994-9858
DEFENDANT/CROSS-COMPLAINANT IN PRO PER
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF VENTURA – HALL OF JUSTICE
| JEANETTE BUERLING AKA JEANETTE MILIO, AN INDIVIDUAL; AND JAMES MILIO,Plaintiffs,vs.LIELLE ARAD, AN INDIVIDUAL; KENT CRAIG CARRUSO, AN INDIVIDUAL; JEANETTE’S EDELWEISS, LLC, A DELAWERE LIMITED LIABILITY COMPANY D/B/A JULIE’S ALPS AT JEANETTE’S EDELWEISS; ENVIRONMENTAL EDUCATION GROUP, INC., A CALIFORNIA NON-PROFIT CORPORATION; AND DOES 1 THROUGH 20 INCLUSIVE,Defendants LIELLE ARAD; AND ENVIRONMENTAL EDUCATION GROUP, INC. Cross-Complainants, vs. JEANETTE BUERLING AKA JEANETTE MILIO, AN INDIVIDUAL; JAMES MILIO, AN INDIVIDUAL; AND DOES 1 THROUGH 25, INCLUSIVE, Cross-Defendants. |
Case No.: 56-2018-00518291-CU-BC-VTAmotion to allow witness testimony by video conferencing HEARING DATE:DEPARTMENT: 43TIME: reservation no.: 2540666 |
MOTION TO ALLOW WITNESS TESTIMONY BY VIDEO CONFERENCE
NOW COME Lielle Arad, Kent Craig Carruso, Jeanette’s Eldeweiss, LLC, and Environmental Education Group, and bring this Motion to Allow Witness Testimony by Video Conference, and hereby aver as follows:
- The use of two-way interactive video technology, including internet-based videoconferencing, is necessary in light of the current Covid-19 pandemic.
- Defendants/Cross-Plaintiffs have the necessary equipment to facilitate the appearance of Kent Craig Carruso, Kyle Shulte, Esther Folmar, Matthew Ferrante, and Rocco Suckert via the Zoom videoconferencing platform.
- Allowing the witnesses to testify via videoconference is in the interest of public policy. Clearly during this pandemic, it will further public policy to limit the number of persons physically present in the courtroom as well as ensure the health of persons present in the courtroom.
- The witness testimonies by the witnesses in Paragraph 2 are relevant to these proceedings as it will help to prove that the transaction took place, the fraudulent scheme by Plaintiffs/Cross-Defendants, computer hacking authorized by Plaintiffs, as well as fraudulent inducement. In the video conference, the witness will be seen by the court, counsel for Plaintiffs/Cross-Defendants, sworn in to testify and allowed to be cross-examined by counsel for Plaintiffs/Cross-Defendants. Reliability of the witness’ testimony is thereby assured.
- Apart from Kent Craig Carruso, the other witnesses will not be available to physically testify in court as they reside outside the State of California and it is not possible to facilitate their physical appearance to testify.
- Kyle Shulte is the sole caregiver of her children. Having her come to California means that her children will have no one to take care of them for the period she will be in California to testify.
- Esther Folmar is on disability. The process of having her come to California will be strenuous on her and also expensive.
- Rocco Suckert currently resides in Germany. It will be expensive for him to come to California to physically testify in court.
- The most convenient way of having all the witnesses testify is to have them testify virtually via Zoom. Courts in California have already adopted virtual hearings. Defendants/Cross-Plaintiffs are simply asking the Court to continue an existing practice of having virtual hearings in this matter.
- Plaintiffs/Cross-Defendants will not be prejudiced in any way if this Court allows witnesses to testify virtually via Zoom since all procedures of examination will be adhered to. If Plaintiffs/Cross-Defendants will be unable to facilitate Zoom video conferencing, Defendants/Cross-Plaintiffs are ready to help them do so.
REASONS WHEREFORE, Defendants/Cross-Plaintiffs respectfully request this Honorable Court to grant this Motion to Allow Witness Testimony by Video Conferencing and subsequently issue an Order to that effect.
Dated this ____ day of __________________, 2021.
Respectfully Submitted,
___________________________________
Lillian Khosravi, Attorney at Law
___________________________________
Lielle Arad, Defendant/Cross-Plaintiff in pro per
PROOF OF SERVICE
I, the undersigned, declare that:
I am employed in the County of Ventura, State of California, over the age of 18, and not a party to this cause. My business address is 2828 Cochran St. #177, Simi Valley, CA 93065.
On January 30, 2020, I served a true copy of NOTICE OF MOTION AND MOTION TO ALLOW WITNESS TESTIMONY BY VIDEO CONFERENCE
on all interested parties in this action by placing a true and correct copy thereof enclosed in a sealed envelope addressed as stated below:
| Mr. Kenneth S. Ingber, Esq.Ingber & Associates 30101 Agoura Court, Suite 119Agoura Hills, CA 91301Attorney for Jeanette Buerling aka Jeanette Milio and James Milio | Lielle Arad, In Pro Per2828 Cochran St. #177 Simi Valley, CA 93065 |
[ ] (VIA U.S. MAIL) – I deposited such envelope in the mail at 690 Breckenridge St., Simi Valley, CA 93065. The envelope was mailed with postage thereon fully prepaid. I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Agoura Hills, California in the ordinary course of 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 (1) day after date of deposit for mailing affidavit.
[ ] (VIA FEDERAL EXPRESS) by placing the above named document in a sealed envelope
addressed as set forth below and by then placing said envelope for collection and overnight delivery via Federal Express, in accordance with ordinary business practices.
[ ] (BY ELECTRONIC TRANSMISSION) – I transmitted a PDF version of this
document by electronic mail to the party(s) identified on the attached service list using the
email address(es) indicated.
[X] (BY HAND DELIVERY)—I personally hand delivered said document to the offices of the addressees shown above.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on January 30, 2020, at Simi Valley, California.
Alan Tratner
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