Motion to Compel Further Response to Demand for Documents filed 12-15-2020

On December 15, 2020, I filed a Motion to Compel Further Response to Demand for Documents filed 12-15-2020 with San Diego Superior Court regarding the case that I have pending against FTB for a refund of penalties, fees and interest for tax years 2011, 2013 and 2014.  Here are pages 1 – 21 and pages 22 – 42.

Key Points Contained in Motion: 

There are 5 line items on FTB accounting ledgers that I believe are fraudulent: 2 payments that show up as refunded even though they were not refunded, and 3 bills that I believe never existed (see pages 9, 11, 12, 21, 25). 

FTB has refused to provide the documentation for these 5 line items, hence the Motion to Compel. 

FTB stated under penalty of perjury that they do not keep accurate accounting records (see pages 5, 6). I could be wrong about this, but I think that since this was submitted to a court, anyone can use this information in their own cases that they have pending against FTB.

FTB committed perjury. Per R&TC 19363, estimated tax payments made via credit elect are to be backdated to 4-15-YEAR. I had asked what the actual dates were that these payments were applied, since the actual dates don’t show on the ledgers. FTB stated that the dates listed on the ledgers were the accurate dates that the payments were applied. The Notices of Proposed Assessment proved the monies had not been applied on those dates. (Pages 7 – 8)

FTB refused to disclose the location of where our payments were held in the interim between receiving the monies and applying them to our account. However, the documents provided indicated that the “ lost” estimated tax payments were labeled in FTB’s system as “no payments.”  (Pages 8 – 9)

FTB’s attorney, Deputy Attorney General Anna Barsegyan, made two statements that were so deceptive that they may qualify as unlawful (pages 24 – 25). 

Note: I am working on redacting and uploading evidence. I will start adding links to the uploaded evidence soon.

Exhibit #	Description	Pages
39	Deposition Request (Demand) for Documents	3
40	Response to Requests for Production of Documents	16
41	Documents Set One (1)	33
42	Meet and Confer Letter	10
43	2009 accounting ledger	1
44	Emails between Grab and Barsegyan dated 12/1 and 12/2, 2020	6
45	Meet and Confer Response Letter	4
46	Emails between Grab and Barsegyan dated 12/9/2020	4
47	Notice of Proposed Assessments 2011, 2013 and 2014	5