- 5 - have once again filed motions to compel taking of Mr. Darwish’s deposition, to which are attached the notices of objection thereto that were previously served by respondent on petitioners. It is these motions and objections which we consider in the instant Memorandum Opinion. Lastly, we note that concurrently with certain of the tax proceedings detailed above, a separate civil suit was pending against Mr. Ahmed in California Superior Court. On January 4, 1999, Mr. Darwish had filed a complaint naming as defendants Mr. Ahmed, La Botica, and various other entities. The complaint contained causes of action for intentional concealment, intentional misrepresentation, conspiracy, dissolution of corporation and accounting, declaratory relief, injunction, and appointment of receiver. The factual allegations made in the complaint parallel in many respects those underlying Mr. Darwish’s affidavit and testimony in the jeopardy proceeding. This civil suit was apparently settled out of court, as the parties thereto requested that it be dismissed in January of 2000. Discussion Rule 75 governs the taking of depositions of nonparty witnesses in instances where the parties cannot or will not agreePage: Previous 1 2 3 4 5 6 7 8 9 Next
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