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8/14/2019 2013-11-6-Filedoc-Motion to Compel.pdf
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respondent by mail a NOTICE IN LIEU OF SUBPOENA TO COMPEL ATTENDANCE
BEFORE THE COURT AND TO BRING BOOKS, DOCUMENTS, AND OTHER THINGS for
the hearing set November 7, 2012. The tacit agreement was sealed by the respondents
documented full compliance with the discovery request. The above notice to compel disclosure
by the petitioner was for a hearing set specifically for issues of adjustment for support requested
by the petitioner in relief to the request for motion by the respondent which included a request
for an award of attorney fees. These are the very same circumstances under which the
respondent is requesting an order to compel in advance of the August 26, 2013 hearing on the
respondents request for attorney fees and the petitioner seeking relief by a downward adjustment
to his support obligation. The respondent contends that equity of circumstance and the prior
agreement to re-open discovery through petitioners request and the respondents performance
represents good cause to grant the motion to compel.
Good Cause #4: The respondents FIRST SET OF OF SPECIAL INTERROGATORIES
and DEMAND FOR PRODUCTION OF DOCUMENTS SET NUMBER ONE to the petitioner
were motivated by the pattern of chronic avoidance of required update and augmentation to
discovery required by Family Code 2102 and 720-721. The petitioner has submitted Income and
Expense Declarations that have contained false and inaccurate information and omitted required
information. The petitioner and petitioners counsel have refused to respond to letters and emails
by the respondent and respondents counsel seeking specific updates on community business
inventory, community real property, community business partnerships, community tax
obligations, community pension plan and spousal and child support payments. The petitioner has
failed to submit required documentation for disclosure as requested and required by the court.
The petitioner has provided the respondent with a Trial Brief and Final Disclosure that misstate
facts and omit required information and documentation to support claims. Specifically, therespondent sets forth the following examples of a refusal, incomplete and/or inaccurate
disclosure by the petitioner:
(1) Petitioners Preliminary Disclosure (EXHIBIT F)
________________________________________________________________MARRIAGE OF BOWERMAN - Page 7 of 15 - CASE NO. 455-922
NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, ANDCOMPEL PRODUCTION OF DOCUMENTS TO DEMAND OF PRODUCTION OF DOCUMENTS, MEMORANDUM
OF POINTS AND AUTHORITIES AND DECLARATION OF KAREN BOWERMAN, EXHIBITS
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a. Did not specify the use of $32,256.00 in community bank account at separation
b. Reported no cash in hand
c. Did not report community CEP Partnership established May 2011
d. Did not report MedAmerica Retirement Plan for CEP Physicians
e. Did not report Karens Camps & Cottages community antique business - est. 2007
f. Did not report receivables due as movie producers - Mercy Streets & Lay It Down
(2) Petitioners Income & Expense Declaration October 31, 2012 (EXHIBIT G)
a. Reported an average $27,000.00 disposable monthly income in excess of monthly
expenses per month for the preceding year yet reported no balance in savings or
checking accounts and no investments. The petitioners own filed document
indicates there is $324,000.00 ($27,000.00 x 12 months) unaccounted for cash
resources.
b. Did not include or list any pension plan withdrawals, payments or income from
Northwestern Mutual pension plan.
c. Did not include any listing of bonuses - later established to have been continuous part
of income since prior to and after date of separation (Court has now ordered
distribution of bonuses to respondent as of February 19, 2013)
d. Did not include all required pay stubs
e. Did not include two years of tax returns (W2/K1)
f. Did not list income from Sutter Memorial Emergency Medical Associates
* At November 7, 2012 hearing Judge ordered petitioner to bring ALL required income
information to next hearing (February 19, 2013) so the Judge could rule on financial
issue of respondents request for award of attorney fees and petitioners request for relief
to modify support (without filing a request for order). (3) Petitioners Income & Expense Declaration February 15, 2013 (EXHIBIT H)
a. Again, no listing of bonuses as income
b. Again, missing some required pay stubs
________________________________________________________________MARRIAGE OF BOWERMAN - Page 8 of 15 - CASE NO. 455-922
NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, ANDCOMPEL PRODUCTION OF DOCUMENTS TO DEMAND OF PRODUCTION OF DOCUMENTS, MEMORANDUM
OF POINTS AND AUTHORITIES AND DECLARATION OF KAREN BOWERMAN, EXHIBITS
8/14/2019 2013-11-6-Filedoc-Motion to Compel.pdf
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c. Again, missing tax returns (W2/K1)
d. Again, did not list income from Sutter Memorial Medical Associates
e. Did not list distributions, payments nor income from community pension plan
* At February 19, 2013 hearing Judge could not rule to modify support stating the
petitioner had not provided the documentation as requested by the court.
4) Petitioners Income & Expense Declaration June 21, 2013 (EXHIBIT I)
a) Lists same amount hours worked but 20% lower monthly income as February15, 2013
Income & Expense Declaration (35 Hrs = $18,105 gross June 21, 2013 / 35 Hrs =
$22,766 gross February, 2013). A letter submitted by the petitioner, with his
declaration for the February 17, 2013 hearing, from Derrick Fong at CEP (employer)
states the petitioner earns more than $170.00 per hour. The June 21, 2013 Income &
Expense Declaration indicates an hourly rate of approximately $130.00 per hour.
b) There is no listing of payments, withdrawals, distributions nor income from the
community pension plan. Yet the petitioners trial brief submitted to the respondent on
June 24, 2013 clearly indicates withdrawals and payments to the petitioner of nearly
$400,000.00 from the community pension plan between April and May 2013
c) Again, there is no listing of bonuses on line 5c, yet there is an April 2013 pay stub
clearly indicating a bonus was paid.
d) Again, there is no listing of income from Sutter Memorial Emergency Medical
Associates for the year.
e) Again, no tax returns attached - No tax records from 2011 nor 2012 to substantiate any
claims of income by the petitioner. No quarterly filings, No W2 , no K1.
(5) Petitioners Final Disclosure June 21, 2013 (EXHIBIT J)
a) The petitioner lists the CEP Partnership as Separate Property however existingdisclosure indicates CEP began paying the Bowerman community in May 2011 prior
to the July 2011 separation date. Further, if the petitioner is making a claim that the
CEP business opportunity is separate property after the date of separation then the
________________________________________________________________MARRIAGE OF BOWERMAN - Page 9 of 15 - CASE NO. 455-922
NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, ANDCOMPEL PRODUCTION OF DOCUMENTS TO DEMAND OF PRODUCTION OF DOCUMENTS, MEMORANDUM
OF POINTS AND AUTHORITIES AND DECLARATION OF KAREN BOWERMAN, EXHIBITS
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custody evaluation was by mothers request is clear perjury and misstatement of
material fact to defraud the respondent of $4,500.00 on a signed document sent through
the US Mail.
g) Petitioner requests credits of $40,086.00 for his storage cost of concealed business
inventory in violation of ATROS and FAM Code 2102 (3) (b) - admitting the violation.
h) In item 24.3 petitioner names co-conspirators in moving and concealing business
inventory and then request reimbursements of $1,600.00 he paid them to violate the
court order of August 21, 2013 and ATROs.
i) Petitioner requests reimbursement of $40,618 from respondent for a Take Charge
America Loan Consolidation that the petitioner reported a balance of only $27,067.00
in his preliminary disclosure of November 21, 2011 - contradicting the Billing
Statement of 11/18/2011 from Take Charge America indicating a balance of $2,918.00
(6) Petitioners Trial Brief - June 24, 2013 trial (EXHIBIT K)
a The petitioner sets forth an accounting of the use of funds he improperly and without
notice nor consent withdrew from the community pension plan account, Northwestern
#0597. Under item # 12.3 the petitioner indicates he used a total of $366,735.00
pay various personal non-community tax debts* (See Declaration of Karen
Bowerman herein). The petitioner has provided no documentation nor evidence that
the funds improperly withdrawn from the community pension plan were used to pay
taxes or any other debt, separate or claimed to be community.
b) The petitioner further indicates that he paid a 2009 IRS Tax debt of $103,935.00 from
non-pension resources. This is problematic in two regards; First, the June 20, 2013
Income and Expense Declaration filed by the petitioner does not indicate availability
of sufficient funds to make that payment. The petitioners Preliminary Disclosureindicates an IRS 2009 Tax Debt of only $58,806.00 as of 4/27/2011 - three months
prior to separation. Subsequent IRS statements indicate the 2009 IRS tax debt was
closer to $45,000.00 at the time it was paid on April 29, 2013. (EXHIBIT L)
________________________________________________________________MARRIAGE OF BOWERMAN - Page 11 of 15 - CASE NO. 455-922
NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, ANDCOMPEL PRODUCTION OF DOCUMENTS TO DEMAND OF PRODUCTION OF DOCUMENTS, MEMORANDUM
OF POINTS AND AUTHORITIES AND DECLARATION OF KAREN BOWERMAN, EXHIBITS
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