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Richard Abel
1
707 Hahman Drive, No. 9301
2 Santa Rosa, CA 95405
Telephone: (707) 340-3894
3
4 Plaintiff, In pro per
5
6
7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
FOR THE COUNTY OF SONOMA
10
11 RICHARD ABEL, an individual; Case Number: SCV-263456
12 DECLARATION OF PLAINTIFF RICHARD
Plaintiff; ABEL IN SUPPORT OF MOTION TO
13 v. DEEM THE REQUESTS FOR ADMISSION
ADMITTED, TO COMPEL RESPONSES,
14 B. EDWARD McCUTCHAN JR. an AND FOR MONETARY SANCTIONS
AGAINST DEFENDANT JACINDA
15 individual; SUNDERLAND/McCUTCHAN, DUVAL
LLP, a general partnership; and DOES 1
16 through 100, inclusive; Date:
17 Time:
Defendants. Dept: 13 - Hon. Christopher Honigsberg
18 Trial Date: January 13, 2023
19
20
I, Richard Abel, declare:
21
1. I am the plaintiff in this action, and the propounding party of the written discovery to
22
defendant Jacinda Duval (“Responding Party” herein).
23
2. The following is based on my own personal knowledge and if called to testify, I could,
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and would, testify competently thereto.
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3. I am making this declaration in support of Plaintiff's Motion to Deem the Requests for
26
Admission Admitted, to Compel Responses, and for Monetary Sanctions.
27
4. I am incorporating herein the definitions set forth in the Notice of Motion and
Memorandum of Points and Authorities filed herewith.
28
DECLARATION IN SUPPORT OF MOTION TO DEEM FACTS ADMITTED AND TO COMPEL
1
Exhibit A
Exhibit A
Attachment 1
1
REQUEST FOR ADMISSIONS
2 to Defendant Jacinda Duval
3
Pursuant to Evidence Code §§ 958 and 962, you cannot object on grounds of privilege.
4
REQUEST NUMBER 1:
5 1. Please admit that Sunderland/McCutchan, LLP is a fly-by-night law firm that operates out of
6
a mailbox at the UPS Store in Healdsburg.
7 REQUEST NUMBER 2:
2. Please admit that Edward McCutchan never told YOU that Sunderland/McCutchan, LLP was
8
involuntarily terminated by the State Bar of California.
9
REQUEST NUMBER 3:
10 3. Please admit that YOU fully understood everything that Edward McCutchan did in Sonoma
11 County Superior Court action, case number SCV-245738 entitled Liebling vs. Goodrich (herein
referred to as the “Liebling Action”).
12
REQUEST NUMBER 4:
13
4. Please admit that YOU knew that the Second Amended Judgment for the Liebling Action
14 entered on August 4, 2021, contains awards to deceased persons.
15
REQUEST NUMBER 5:
16 5. Please admit that Edward McCutchan did not recover any of YOUR money in the Liebling
Action.
17
18
REQUEST NUMBER 6:
6. Please admit that YOU still believe that YOU will collect money from Robert Zuckerman on
19 the judgment against Robert Zuckerman in the Liebling Action.
20
REQUEST NUMBER 7:
21 7. Please admit that Sunderland/McCutchan owes YOU a refund.
22 REQUEST NUMBER 8:
23 8. Please admit that Edward McCutchan did not inform YOU that YOU have no obligation to
pay Sunderland/McCutchan anything unless there is a monetary recovery.
24
REQUEST NUMBER 9:
25
9. Please admit that Robert Zuckerman offered $150,000 to settle the Liebling Action before the
26 first trial occurred in 2014.
27
REQUEST NUMBER 10:
28 10. Please admit that YOU are disputing that Richard Abel obtained assignments from other
plaintiffs in the Liebling Action.
____________________________________________________________________________________________
REQUEST FOR ADMISSIONS - ATTACHMENT 1
-1-
REQUEST NUMBER 11:
1
11. Please admit that YOU still hold a judgment lien on Robert Zuckerman's house.
2
REQUEST NUMBER 12:
3
12. Please admit that YOU did not pay any of Sunderland/McCutchan, LLP's invoices for the
4 Liebling Action.
5 REQUEST NUMBER 13:
6
13. Please admit that YOU and the other plaintiffs in the Liebling Action did not agree to divide
the awards in any judgment for the Liebling Action in equal amounts.
7
REQUEST NUMBER 14:
8
14. Please admit that Edward McCutchan committed malpractice in the Liebling Action.
9
REQUEST NUMBER 15:
10 15. Please admit that YOU agree that Edward McCutchan should be removed from the Liebling
11 Action.
12 REQUEST NUMBER 16:
16. Please admit that YOU don't know why there are five (5) different judgments in the Liebling
13
Action.
14
REQUEST NUMBER 17:
15
17. Please admit that YOU authorized everything that Edward McCutchan did in the Liebling
16 Action.
17 REQUEST NUMBER 18:
18
18. Please admit that YOU dropped out of the Liebling Action.
19 REQUEST NUMBER 19:
19. Please admit that the Cooperation and Sharing Agreement that YOU signed in 2009 for the
20
Liebling Action provided that any award would be divided based on each plaintiff's pro-rata
21 share of their percentage invested in the Malibu loans.
22
REQUEST NUMBER 20:
23 20. Please admit that Edward McCutchan represented to you that he performed an asset search
on Robert Zuckerman before the first trial occurred in the Liebling Action in 2014.
24
25
REQUEST NUMBER 21:
21. Please admit that no plaintiff was dismissed with prejudice from the Liebling Action.
26
REQUEST NUMBER 22:
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22. Please admit that YOU did not receive from Sunderland/McCutchan any part of the $8,315
28 that Robert Zuckerman paid Sunderland/McCutchan in 2018 for the sanctions awarded to YOU.
____________________________________________________________________________________________
REQUEST FOR ADMISSIONS - ATTACHMENT 1
-2-
Exhibit B
Exhibit B
DISC-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.:
FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA
SHORT TITLE OF CASE:
Abel v. McCutchan
CASE NUMBER:
FORM INTERROGATORIES—GENERAL
Asking Party: Richard Abel, (Plaintiff) SCV-263456
Answering Party: Jacinda Duval (Defendant)
Set No.: One (1)
Sec. 1. Instructions to All Parties (c) Each answer must be as complete and straightforward
(a) Interrogatories are written questions prepared by a party as the information reasonably available to you, including the
to an action that are sent to any other party in the action to be information possessed by your attorneys or agents, permits. If
answered under oath. The interrogatories below are form an interrogatory cannot be answered completely, answer it to
interrogatories approved for use in civil cases. the extent possible.
(b) For time limitations, requirements for service on other (d) If you do not have enough personal knowledge to fully
parties, and other details, see Code of Civil Procedure answer an interrogatory, say so, but make a reasonable and
sections 2030.010–2030.410 and the cases construing those good faith effort to get the information by asking other persons
sections. or organizations, unless the information is equally available to
(c) These form interrogatories do not change existing law the asking party.
relating to interrogatories nor do they affect an answering (e) Whenever an interrogatory may be answered by
party’s right to assert any privilege or make any objection. referring to a document, the document may be attached as an
exhibit to the response and referred to in the response. If the
Sec. 2. Instructions to the Asking Party document has more than one page, refer to the page and
(a) These interrogatories are designed for optional use by section where the answer to the interrogatory can be found.
parties in unlimited civil cases where the amount demanded
(f) Whenever an address and telephone number for the
exceeds $25,000. Separate interrogatories, Form
same person are requested in more than one interrogatory,
Interrogatories—Limited Civil Cases (Economic Litigation)
you are required to furnish them in answering only the first
(form DISC-004), which have no subparts, are designed for
interrogatory asking for that information.
use in limited civil cases where the amount demanded is
$25,000 or less; however, those interrogatories may also be (g) If you are asserting a privilege or making an objection to
used in unlimited civil cases. an interrogatory, you must specifically assert the privilege or
state the objection in your written response.
(b) Check the box next to each interrogatory that you want
the answering party to answer. Use care in choosing those (h) Your answers to these interrogatories must be verified,
interrogatories that are applicable to the case. dated, and signed. You may wish to use the following form at
(c) You may insert your own definition of INCIDENT in the end of your answers:
Section 4, but only where the action arises from a course of I declare under penalty of perjury under the laws of the
conduct or a series of events occurring over a period of time. State of Californiathat the foregoing answers are true and
(d) The interrogatories in section 16.0, Defendant’s correct.
Contentions–Personal Injury, should not be used until the
defendant has had a reasonable opportunity to conduct an (DATE) (SIGNATURE)
investigation or discovery of plaintiff’s injuries and damages.
(e) Additional interrogatories may be attached. Sec. 4. Definitions
Sec. 3. Instructions to the Answering Party Words in BOLDFACE CAPITALS in these interrogatories
(a) An answer or other appropriate response must be are defined as follows:
given to each interrogatory checked by the asking party. (a) (Check one of the following):
(b) As a general rule, within 30 days after you are served (1) INCIDENT includes the circumstances and
with these interrogatories, you must serve your responses on events surrounding the alleged accident, injury, or
the asking party and serve copies of your responses on all other occurrence or breach of contract giving rise to
other parties to the action who have appeared. See Code of this action or proceeding.
Civil Procedure sections 2030.260–2030.270 for details.
Page 1 of 8
Form Approved for Optional Use Code of Civil Procedure,
Judicial Council of California FORM INTERROGATORIES—GENERAL §§ 2030.010-2030.410, 2033.710
DISC-001 [Rev. January 1, 2008] www.courtinfo.ca.gov
DISC-001
(2) INCIDENT means (insert your definition here or 1.0 Identity of Persons Answering These Interrogatories
on a separate, attached sheet labeled “Sec. 1.1 State the name, ADDRESS, telephone number, and
4(a)(2)”): relationship to you of each PERSON who prepared or
assisted in the preparation of the responses to these
interrogatories. (Do not identify anyone who simply typed or
reproduced the responses.)
2.0 General Background Information—individual
(b) YOU OR ANYONE ACTING ON YOUR BEHALF 2.1 State:
includes you, your agents, your employees, your insurance (a) your name;
companies, their agents, their employees, your attorneys, your (b) every name you have used in the past; and
accountants, your investigators, and anyone else acting on (c) the dates you used each name.
your behalf.
(c) PERSON includes a natural person, firm, association, 2.2 State the date and place of your birth.
organization, partnership, business, trust, limited liability
2.3 At the time of the INCIDENT, did you have a driver's
company, corporation, or public entity.
license? If so state:
(d) DOCUMENT means a writing, as defined in Evidence (a) the state or other issuing entity;
Code section 250, and includes the original or a copy of (b) the license number and type;
handwriting, typewriting, printing, photostats, photographs, (c) the date of issuance; and
electronically stored information, and every other means of (d) all restrictions.
recording upon any tangible thing and form of communicating 2.4 At the time of the INCIDENT, did you have any other
or representation, including letters, words, pictures, sounds, or
permit or license for the operation of a motor vehicle? If
so,
symbols, or combinations of them.
state:
(e) HEALTH CARE PROVIDER includes any PERSON (a) the state or other issuing entity;
referred to in Code of Civil Procedure section 667.7(e)(3). (b) the license number and type;
(c) the date of issuance; and
(f) ADDRESS means the street address, including the city, (d) all restrictions.
state, and zip code.
2.5 State:
Sec. 5. Interrogatories
(a) your present residence ADDRESS;
The following interrogatories have been approved by the (b) your residence ADDRESSES for the past five years; and
Judicial Council under Code of Civil Procedure section 2033.710: (c) the dates you lived at each ADDRESS.
CONTENTS
2.6 State:
1.0 Identity of Persons Answering These Interrogatories (a) the name, ADDRESS, and telephone number of your
2.0 General Background Information—Individual present employer or place of self-employment; and
3.0 General Background Information—Business Entity
(b) the name, ADDRESS, dates of employment, job title,
4.0 Insurance
and nature of work for each employer or
5.0 [Reserved]
self-employment you have had from five years before
6.0 Physical, Mental, or Emotional Injuries
the INCIDENT until today.
7.0 Property Damage
8.0 Loss of Income or Earning Capacity 2.7 State:
9.0 Other Damages (a) the name and ADDRESS of each school or other
10.0 Medical History academic or vocational institutionyou have attended,
11.0 Other Claims and Previous Claims beginning with high school;
12.0 Investigation—General (b) the dates you attended;
13.0 Investigation—Surveillance (c) the highest grade level you have completed; and
14.0 Statutory or Regulatory Violations (d) the degrees received.
15.0 Denials and Special or Affirmative Defenses
16.0 Defendant’s Contentions Personal Injury 2.8 Have you ever been convicted of a felony? If so, for
17.0 Responses to Request for Admissions each conviction state:
18.0 [Reserved] (a) the city and state where you were convicted;
19.0 [Reserved] (b) the date of conviction;
20.0 How the Incident Occurred—Motor Vehicle (c) the offense; and
25.0 [Reserved] (d) the court and case number.
30.0 [Reserved]
40.0 [Reserved] 2.9 Can you speak English with ease? If not, what
50.0 Contract language and dialect do you normally use?
60.0 [Reserved]
70.0 Unlawful Detainer [See separate form DISC-003] 2.10 Can you read and write English with ease? If not, what
101.0 Economic Litigation [See separate form DISC-004] language and dialect do you normally use?
200.0 Employment Law [See separate form DISC-002]
Family Law [See separate form FL-145]
DISC-001 [Rev. January 1, 2008] Page 2 of 8
FORM INTERROGATORIES—GENERAL
DISC-001
2.11 At the time ofthe INCIDENT were you acting as an 3.4 Are you a joint venture? If so, state:
agent or employee for any PERSON? If so, state: (a) the current joint venture name;
(a) the name, ADDRESS, and telephone number of that (b) all other names used by the jointventure during the
PERSON: and past 10 years and the dates each was used;
(b) a description of your duties. (c) the name and ADDRESS of each joint venturer; and
(d) the ADDRESS of the principal place of business.
2.12 At the time of the INCIDENT did you or any other
person have any physical, emotional, or mental disability or 3.5 Are you an unincorporated association?
condition that may have contributed to the occurrence of the If so, state:
INCIDENT? If so, for each person state: (a) the current unincorporated association name;
(a) the name, ADDRESS, and telephone number; (b) all other names used by the unincorporated association
(b) the nature of the disability or condition; and during the past 10 years and the dates each was used;
(c) the manner in which the disability or condition and
contributed to the occurrence of the INCIDENT. (c) the ADDRESS of the principal place of business.
2.13 Within 24 hours before the INCIDENT did you or any 3.6 Have you done business under a fictitious name during
person involved in the INCIDENT use or take any of the the past 10 years? If so, for each fictitious name state:
following substances: alcoholic beverage, marijuana, or (a) the name;
other drug or medication of any kind (prescription or not)? If (b) the dates each was used;
so, for each person state: (c) the state and county of each fictitious name filing; and
(a) the name, ADDRESS, and telephone number; (d) the ADDRESS of the principal place of business.
(b) the nature or description of each substance;
(c) the quantity of each substance used or taken; 3.7 Within the past five years has any public entityregis-
(d) the date and time of day when each substance was used tered or licensed your business? If so, for each license or
or taken; registration:
(e) the ADDRESS where each substance was used or
(a) identify the license or registration;
taken;
(b) state the name of the public entity; and
(f) the name, ADDRESS, and telephone number of each
(c) state the dates of issuance and expiration.
person who was present when each substance was used
or taken; and
(g) the name, ADDRESS, and telephone number of any 4.0 Insurance
HEALTH CARE PROVIDER who prescribed or furnished 4.1 At the time of the INCIDENT, was there in effectany
the substance and the condition for which it was policy of insurance through which you were or might be
prescribed or furnished. insured in any manner (forexample, primary, pro-rata, or
excess liability coverage or medical expense coverage) for
3.0 General Background Information—Business Entity the damages, claims, or actions that have arisen out of the
3.1 Are you a corporation? If so, state: INCIDENT? If so, for each policy state:
(a) the name stated in the current articles of incorporation; (a) the kind of coverage;
(b) all other names used by the corporation during the past (b) the name and ADDRESS of the insurance company;
10 years and the dates each was used; (c) the name, ADDRESS, and telephone number of each
(c) the date and place of incorporation; named insured;
(d) the ADDRESS of the principal place of business; and (d) the policy number;
(e) whether you are qualified to do business in California. (e) the limits of coverage foreach type of coverage con-
tained in the policy;
3.2 Are you a partnership? If so, state: (f) whether any reservation of rightsor controversy or
(a) the current partnership name; coverage dispute exists between you and the insurance
(b) all other names used by the partnership during the past company; and
10 years and the dates each was used; (g) the name, ADDRESS, and telephone number of the
(c) whether you are a limited partnership and, if so, under custodian of the policy.
the laws of what jurisdiction;
(d) the name and ADDRESS of each general partner; and 4.2 Are you self-insured under any statute for the damages,
(e) the ADDRESS of the principal place of business. claims, or actions that have arisen out of the INCIDENT? If
so, specify the statute.
3.3 Are you a limited liability company? If so, state:
(a) the name stated in the current articles of organization; 5.0 [Reserved]
(b) all other names used by the company during the past 10
6.0 Physical, Mental, or Emotional Injuries
years and the date each was used;
(c) the date and place of filing of the articles of organization; 6.1 Do you attributeany physical, mental, or emotional
(d) the ADDRESS of the principal place of business; and injuriesto the INCIDENT? (Ifyour answer is “no,”do not
(e) whether you are qualified to do business in California. answer interrogatories 6.2 through 6.7).
6.2 Identify each injury you attribute to
the INCIDENT and
the area of your body affected.
DISC-001 [Rev. January 1, 2008]
FORM INTERROGATORIES—GENERAL Page 3 of 8
DISC-001
6.3 Do you still have any complaints that you attribute to (c) state the amount of damage you are claiming for each
the INCIDENT? If so, for each complaint state: item of property and how the amount was calculated; and
(a) a description; (d) if the property was sold, state the name, ADDRESS, and
(b) whether the complaint is subsiding, remaining the same, telephone number of the seller, the date of sale,and the
or becoming worse; and sale price.
(c) the frequency and duration.
6.4 Did you receive any consultation or examination 7.2 Has a written estimate or evaluation been made for any
(except from expert witnesses covered by Code of Civil item of property referred to in your answer to the preceding
Procedure sections 2034.210–2034.310) or treatment from a interrogatory? If so, for each estimate or evaluation state:
HEALTH CARE PROVIDER for any injury you attribute to
(a) the name, ADDRESS, and telephone number of the
the INCIDENT? If so, for each HEALTH CARE PROVIDER
PERSON who prepared it and the date prepared;
state:
(b) the name, ADDRESS, and telephone number of each
(a) the name, ADDRESS, and telephone number; PERSON who has a copy of it; and
(b) the type of consultation, examination, or treatment (c) the amount of damage stated.
provided;
(c) the dates you received consultation,examination, or
treatment; and 7.3 Has any item of property referred to in your answer to
(d) the charges to date. interrogatory 7.1 been repaired? If so, for each item state:
(a) the date repaired;
(b) a description of the repair;
6.5 Have you taken any medication, prescribed or not, as a
result of injuries that you attribute to the INCIDENT? If so, (c) the repair cost;
for each medication state: (d) the name, ADDRESS, and telephone number of the
(a) the name; PERSON who repaired it;
(b) the PERSON who prescribed or furnished it; (e) the name, ADDRESS, and telephone number of the
(c) the date it was prescribed or furnished; PERSON who paid for the repair.
(d) the dates you began and stopped taking it; and
(e) the cost to date. 8.0 Loss of Income or Earning Capacity
8.1 Do you attribute any loss of income or earning capacity
6.6 Are there any other medical services necessitated by to the INCIDENT? (If your answer is “no,” do not answer
the injuries that you attribute to the INCIDENT that were not interrogatories 8.2 through 8.8).
previously listed (for example, ambulance, nursing,
prosthetics)? If so, for each service state: 8.2 State:
(a) the nature; (a) the nature of your work;
(b) the date; (b) your job title at the time of the INCIDENT; and
(c) the cost; and (c) the date your employment began.
(d) the name, ADDRESS, and telephone number
of each provider. 8.3 State the last date before the INCIDENT that you
worked for compensation.
6.7 Has any HEALTH CARE PROVIDER advised that you
may require future or additional treatment forany injuries 8.4 State your monthly income at the time of the INCIDENT
that you attribute to the
INCIDENT? If so, for each injury and how the amount was calculated.
state:
(a) the name and ADDRESS of each HEALTH CARE 8.5 State the date you returned to work at each place of
PROVIDER; employment following the INCIDENT.
(b) the complaints for which the treatment was advised; and
(c) the nature, duration, and estimated cost of the 8.6 State the dates you did not work and for which you lost
treatment. income as a result of the INCIDENT.
7.0 Property Damage 8.7 State the total income you have lost to date as a result
7.1 Do you attribute any loss of or damage to a vehicle or of the INCIDENT and how the amount was calculated.
other property to the INCIDENT? Ifso, for each item of
property: 8.8 Will you lose income in the future as a result of the
(a) describe the property; INCIDENT? If so, state:
(b) describe the nature and location of the damage to the (a) the facts upon which you base this contention;
property; (b) an estimate of the amount;
(c) an estimate of how long you will be unable to work; and
(d) how the claim for future income is calculated.
DISC-001 [Rev. January 1, 2008]
FORM INTERROGATORIES—GENERAL Page 4 of 8
DISC-001
9.0 Other Damages (c) the court, names of the parties, and case number of any
action filed;
9.1 Are there any other damages that you attribute to the
(d) the name, ADDRESS, and telephone number of any
INCIDENT? If so, for each item of damage state:
attorney representing you;
(a) the nature;
(b) the date it occurred; (e) whether the claim or action has been resolved or is
(c) the amount; and pending; and
(d) the name, ADDRESS, and telephone number of each (f) a description of the injury.
PERSON to whom an obligation was incurred.
11.2 In the past 10 years have you made a written claim or
demand for workers' compensation benefits? If so, for each
9.2 Do any DOCUMENTS support the existence or amount claim or demand state:
of any item of damages claimed in interrogatory 9.1? If so, (a) the date, time, and place of the INCIDENT giving rise to
describe each document and state the name, ADDRESS, the claim;
and telephone number of the PERSON who has each (b) the name, ADDRESS, and telephone number of your
DOCUMENT. employer at the time of the injury;
(c) the name, ADDRESS, and telephone number of the
workers’ compensation insurer and the claim number;
10.0 Medical History (d) the period of time during which you received workers’
10.1 At any time before the INCIDENT did you have com- compensation benefits;
plaints or injuries that involved the same part of your body (e) a description of the injury;
claimed to have been injured in the INCIDENT? If so, for (f) the name, ADDRESS, and telephone number of any
each state: HEALTH CARE PROVIDER who provided services; and
(a) a description of the complaint or injury; (g) the case number at the Workers’ Compensation Appeals
(b) the dates it began and ended; and Board.
(c) the name, ADDRESS, and telephone number of each
HEALTH CARE PROVIDER whom you consulted or 12.0 Investigation—General
who examined or treated you.
12.1 State the name, ADDRESS, and telephone number of
each individual:
10.2 List all physical, mental, and emotional disabilities you (a) who witnessed the INCIDENT or the events occurring
had immediately before the INCIDENT. (You may omit immediately before or after the INCIDENT;
mental or emotional disabilitiesunless you attributeany (b) who made any statement at the scene of the INCIDENT;
mental or emotional injury to the INCIDENT.) (c) who heard any statements made about the INCIDENT by
any individual at the scene; and
10.3 At any time after the INCIDENT, did you sustain
(d) who YOU OR ANYONE ACTING ON YOUR BEHALF
injuries of the kind for which you are now claiming
claim has knowledge of the INCIDENT (except for
damages? Ifso, for each incident giving rise to an injury
expert witnesses covered by Code of CivilProcedure
state:
section 2034).
(a) the date and the place it occurred;
(b) the name, ADDRESS, and telephone number of any
12.2 Have YOU OR ANYONE ACTING ON YOUR
other PERSON involved;
BEHALF interviewed any individual concerning the
(c) the nature of any injuries you sustained; INCIDENT? If so, for each individual state:
(d) the name, ADDRESS, and telephone number of each
(a) the name, ADDRESS, and telephone number of the
HEALTH CARE PROVIDER who you consulted or who
individual interviewed;
examined or treated you; and
(b) the date of the interview; and
(e) the nature of the treatment and its duration.
(c) the name, ADDRESS, and telephone number of the
11.0 Other Claims and Previous Claims PERSON who conducted the interview.
11.1 Except for this action, in the past 10 years have you 12.3 Have YOU OR ANYONE ACTING ON YOUR
filed an action or made a written claim or demand for BEHALF obtained a written or recorded statement from any
compensation for your personal injuries? If so, for each individual concerning the INCIDENT? If so, for each
action, claim, or demand state: statement state:
(a) the date, time, and place and location (closest street (a) the name, ADDRESS, and telephone number of the
ADDRESS or intersection) of the INCIDENT giving rise individual from whom the statement was obtained;
to the action, claim, or demand; (b) the name, ADDRESS, and telephone number of the
(b) the name, ADDRESS, and telephone number of each individual who obtained the statement;
PERSON against whom the claim or demand was made (c) the date the statement was obtained; and
or the action filed; (d) the name, ADDRESS, and telephone number of each
PERSON who has the original statement or a copy.
DISC-001 [Rev. January 1, 2008]
FORM INTERROGATORIES—GENERAL Page 5 of 8
DISC-001
12.4 Do YOU OR ANYONE ACTING ON YOUR BEHALF 13.2 Has a written report been prepared on the
know of any photographs, films, or videotapes depicting any surveillance? If so, for each written report state:
place, object, or individual concerning the INCIDENT or (a) the title;
plaintiff's injuries? If so, state: (b) the date;
(a) the number of photographs or feet of film or videotape; (c) the name, ADDRESS, and telephone number of the
(b) the places, objects, or persons photographed, filmed, or individual who prepared the report; and
videotaped; (d) the name, ADDRESS, and telephone number of each
(c) the date the photographs, films, or videotapes were PERSON who has the original or a copy.
taken; 14.0 Statutory or Regulatory Violations
(d) the name, ADDRESS, and telephone number of the
individual taking the photographs, films,
or videotapes; 14.1 Do YOU OR ANYONE ACTING ON YOUR BEHALF
and contend that any PERSON involved in the INCIDENT
(e) the name, ADDRESS, and telephone number of each violated any statute, ordinance, or regulationand that the
PERSON who has the original or a copy of the violation was a legal (proximate) cause of the INCIDENT? If
photographs, films, or videotapes. so, identify the name, ADDRESS, and telephone number of
each PERSON and the statute, ordinance, or regulation that
12.5 Do YOU OR ANYONE ACTING ON YOU
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Richard Abel 1 707 Hahman Drive, No. 9301 2 Santa Rosa, CA 95405 Telephone: (707) 340-3894 3 4 Plaintiff, In pro per 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SONOMA 10 11 RICHARD ABEL, an individual; Case Number: SCV-263456 12 DECLARATION OF PLAINTIFF RICHARD Plaintiff; ABEL IN SUPPORT OF MOTION TO 13 v. DEEM THE REQUESTS FOR ADMISSION ADMITTED, TO COMPEL RESPONSES, 14 B. EDWARD McCUTCHAN JR. an AND FOR MONETARY SANCTIONS AGAINST DEFENDANT JACINDA 15 individual; SUNDERLAND/McCUTCHAN, DUVAL LLP, a general partnership; and DOES 1 16 through 100, inclusive; Date: 17 Time: Defendants. Dept: 13 - Hon. Christopher Honigsberg 18 Trial Date: January 13, 2023 19 20 I, Richard Abel, declare: 21 1. I am the plaintiff in this action, and the propounding party of the written discovery to 22 defendant Jacinda Duval (“Responding Party” herein). 23 2. The following is based on my own personal knowledge and if called to testify, I could, 24 and would, testify competently thereto. 25 3. I am making this declaration in support of Plaintiff's Motion to Deem the Requests for 26 Admission Admitted, to Compel Responses, and for Monetary Sanctions. 27 4. I am incorporating herein the definitions set forth in the Notice of Motion and Memorandum of Points and Authorities filed herewith. 28 DECLARATION IN SUPPORT OF MOTION TO DEEM FACTS ADMITTED AND TO COMPEL 1 Exhibit A Exhibit A Attachment 1 1 REQUEST FOR ADMISSIONS 2 to Defendant Jacinda Duval 3 Pursuant to Evidence Code §§ 958 and 962, you cannot object on grounds of privilege. 4 REQUEST NUMBER 1: 5 1. Please admit that Sunderland/McCutchan, LLP is a fly-by-night law firm that operates out of 6 a mailbox at the UPS Store in Healdsburg. 7 REQUEST NUMBER 2: 2. Please admit that Edward McCutchan never told YOU that Sunderland/McCutchan, LLP was 8 involuntarily terminated by the State Bar of California. 9 REQUEST NUMBER 3: 10 3. Please admit that YOU fully understood everything that Edward McCutchan did in Sonoma 11 County Superior Court action, case number SCV-245738 entitled Liebling vs. Goodrich (herein referred to as the “Liebling Action”). 12 REQUEST NUMBER 4: 13 4. Please admit that YOU knew that the Second Amended Judgment for the Liebling Action 14 entered on August 4, 2021, contains awards to deceased persons. 15 REQUEST NUMBER 5: 16 5. Please admit that Edward McCutchan did not recover any of YOUR money in the Liebling Action. 17 18 REQUEST NUMBER 6: 6. Please admit that YOU still believe that YOU will collect money from Robert Zuckerman on 19 the judgment against Robert Zuckerman in the Liebling Action. 20 REQUEST NUMBER 7: 21 7. Please admit that Sunderland/McCutchan owes YOU a refund. 22 REQUEST NUMBER 8: 23 8. Please admit that Edward McCutchan did not inform YOU that YOU have no obligation to pay Sunderland/McCutchan anything unless there is a monetary recovery. 24 REQUEST NUMBER 9: 25 9. Please admit that Robert Zuckerman offered $150,000 to settle the Liebling Action before the 26 first trial occurred in 2014. 27 REQUEST NUMBER 10: 28 10. Please admit that YOU are disputing that Richard Abel obtained assignments from other plaintiffs in the Liebling Action. ____________________________________________________________________________________________ REQUEST FOR ADMISSIONS - ATTACHMENT 1 -1- REQUEST NUMBER 11: 1 11. Please admit that YOU still hold a judgment lien on Robert Zuckerman's house. 2 REQUEST NUMBER 12: 3 12. Please admit that YOU did not pay any of Sunderland/McCutchan, LLP's invoices for the 4 Liebling Action. 5 REQUEST NUMBER 13: 6 13. Please admit that YOU and the other plaintiffs in the Liebling Action did not agree to divide the awards in any judgment for the Liebling Action in equal amounts. 7 REQUEST NUMBER 14: 8 14. Please admit that Edward McCutchan committed malpractice in the Liebling Action. 9 REQUEST NUMBER 15: 10 15. Please admit that YOU agree that Edward McCutchan should be removed from the Liebling 11 Action. 12 REQUEST NUMBER 16: 16. Please admit that YOU don't know why there are five (5) different judgments in the Liebling 13 Action. 14 REQUEST NUMBER 17: 15 17. Please admit that YOU authorized everything that Edward McCutchan did in the Liebling 16 Action. 17 REQUEST NUMBER 18: 18 18. Please admit that YOU dropped out of the Liebling Action. 19 REQUEST NUMBER 19: 19. Please admit that the Cooperation and Sharing Agreement that YOU signed in 2009 for the 20 Liebling Action provided that any award would be divided based on each plaintiff's pro-rata 21 share of their percentage invested in the Malibu loans. 22 REQUEST NUMBER 20: 23 20. Please admit that Edward McCutchan represented to you that he performed an asset search on Robert Zuckerman before the first trial occurred in the Liebling Action in 2014. 24 25 REQUEST NUMBER 21: 21. Please admit that no plaintiff was dismissed with prejudice from the Liebling Action. 26 REQUEST NUMBER 22: 27 22. Please admit that YOU did not receive from Sunderland/McCutchan any part of the $8,315 28 that Robert Zuckerman paid Sunderland/McCutchan in 2018 for the sanctions awarded to YOU. ____________________________________________________________________________________________ REQUEST FOR ADMISSIONS - ATTACHMENT 1 -2- Exhibit B Exhibit B DISC-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SONOMA SHORT TITLE OF CASE: Abel v. McCutchan CASE NUMBER: FORM INTERROGATORIES—GENERAL Asking Party: Richard Abel, (Plaintiff) SCV-263456 Answering Party: Jacinda Duval (Defendant) Set No.: One (1) Sec. 1. Instructions to All Parties (c) Each answer must be as complete and straightforward (a) Interrogatories are written questions prepared by a party as the information reasonably available to you, including the to an action that are sent to any other party in the action to be information possessed by your attorneys or agents, permits. If answered under oath. The interrogatories below are form an interrogatory cannot be answered completely, answer it to interrogatories approved for use in civil cases. the extent possible. (b) For time limitations, requirements for service on other (d) If you do not have enough personal knowledge to fully parties, and other details, see Code of Civil Procedure answer an interrogatory, say so, but make a reasonable and sections 2030.010–2030.410 and the cases construing those good faith effort to get the information by asking other persons sections. or organizations, unless the information is equally available to (c) These form interrogatories do not change existing law the asking party. relating to interrogatories nor do they affect an answering (e) Whenever an interrogatory may be answered by party’s right to assert any privilege or make any objection. referring to a document, the document may be attached as an exhibit to the response and referred to in the response. If the Sec. 2. Instructions to the Asking Party document has more than one page, refer to the page and (a) These interrogatories are designed for optional use by section where the answer to the interrogatory can be found. parties in unlimited civil cases where the amount demanded (f) Whenever an address and telephone number for the exceeds $25,000. Separate interrogatories, Form same person are requested in more than one interrogatory, Interrogatories—Limited Civil Cases (Economic Litigation) you are required to furnish them in answering only the first (form DISC-004), which have no subparts, are designed for interrogatory asking for that information. use in limited civil cases where the amount demanded is $25,000 or less; however, those interrogatories may also be (g) If you are asserting a privilege or making an objection to used in unlimited civil cases. an interrogatory, you must specifically assert the privilege or state the objection in your written response. (b) Check the box next to each interrogatory that you want the answering party to answer. Use care in choosing those (h) Your answers to these interrogatories must be verified, interrogatories that are applicable to the case. dated, and signed. You may wish to use the following form at (c) You may insert your own definition of INCIDENT in the end of your answers: Section 4, but only where the action arises from a course of I declare under penalty of perjury under the laws of the conduct or a series of events occurring over a period of time. State of Californiathat the foregoing answers are true and (d) The interrogatories in section 16.0, Defendant’s correct. Contentions–Personal Injury, should not be used until the defendant has had a reasonable opportunity to conduct an (DATE) (SIGNATURE) investigation or discovery of plaintiff’s injuries and damages. (e) Additional interrogatories may be attached. Sec. 4. Definitions Sec. 3. Instructions to the Answering Party Words in BOLDFACE CAPITALS in these interrogatories (a) An answer or other appropriate response must be are defined as follows: given to each interrogatory checked by the asking party. (a) (Check one of the following): (b) As a general rule, within 30 days after you are served (1) INCIDENT includes the circumstances and with these interrogatories, you must serve your responses on events surrounding the alleged accident, injury, or the asking party and serve copies of your responses on all other occurrence or breach of contract giving rise to other parties to the action who have appeared. See Code of this action or proceeding. Civil Procedure sections 2030.260–2030.270 for details. Page 1 of 8 Form Approved for Optional Use Code of Civil Procedure, Judicial Council of California FORM INTERROGATORIES—GENERAL §§ 2030.010-2030.410, 2033.710 DISC-001 [Rev. January 1, 2008] www.courtinfo.ca.gov DISC-001 (2) INCIDENT means (insert your definition here or 1.0 Identity of Persons Answering These Interrogatories on a separate, attached sheet labeled “Sec. 1.1 State the name, ADDRESS, telephone number, and 4(a)(2)”): relationship to you of each PERSON who prepared or assisted in the preparation of the responses to these interrogatories. (Do not identify anyone who simply typed or reproduced the responses.) 2.0 General Background Information—individual (b) YOU OR ANYONE ACTING ON YOUR BEHALF 2.1 State: includes you, your agents, your employees, your insurance (a) your name; companies, their agents, their employees, your attorneys, your (b) every name you have used in the past; and accountants, your investigators, and anyone else acting on (c) the dates you used each name. your behalf. (c) PERSON includes a natural person, firm, association, 2.2 State the date and place of your birth. organization, partnership, business, trust, limited liability 2.3 At the time of the INCIDENT, did you have a driver's company, corporation, or public entity. license? If so state: (d) DOCUMENT means a writing, as defined in Evidence (a) the state or other issuing entity; Code section 250, and includes the original or a copy of (b) the license number and type; handwriting, typewriting, printing, photostats, photographs, (c) the date of issuance; and electronically stored information, and every other means of (d) all restrictions. recording upon any tangible thing and form of communicating 2.4 At the time of the INCIDENT, did you have any other or representation, including letters, words, pictures, sounds, or permit or license for the operation of a motor vehicle? If so, symbols, or combinations of them. state: (e) HEALTH CARE PROVIDER includes any PERSON (a) the state or other issuing entity; referred to in Code of Civil Procedure section 667.7(e)(3). (b) the license number and type; (c) the date of issuance; and (f) ADDRESS means the street address, including the city, (d) all restrictions. state, and zip code. 2.5 State: Sec. 5. Interrogatories (a) your present residence ADDRESS; The following interrogatories have been approved by the (b) your residence ADDRESSES for the past five years; and Judicial Council under Code of Civil Procedure section 2033.710: (c) the dates you lived at each ADDRESS. CONTENTS 2.6 State: 1.0 Identity of Persons Answering These Interrogatories (a) the name, ADDRESS, and telephone number of your 2.0 General Background Information—Individual present employer or place of self-employment; and 3.0 General Background Information—Business Entity (b) the name, ADDRESS, dates of employment, job title, 4.0 Insurance and nature of work for each employer or 5.0 [Reserved] self-employment you have had from five years before 6.0 Physical, Mental, or Emotional Injuries the INCIDENT until today. 7.0 Property Damage 8.0 Loss of Income or Earning Capacity 2.7 State: 9.0 Other Damages (a) the name and ADDRESS of each school or other 10.0 Medical History academic or vocational institutionyou have attended, 11.0 Other Claims and Previous Claims beginning with high school; 12.0 Investigation—General (b) the dates you attended; 13.0 Investigation—Surveillance (c) the highest grade level you have completed; and 14.0 Statutory or Regulatory Violations (d) the degrees received. 15.0 Denials and Special or Affirmative Defenses 16.0 Defendant’s Contentions Personal Injury 2.8 Have you ever been convicted of a felony? If so, for 17.0 Responses to Request for Admissions each conviction state: 18.0 [Reserved] (a) the city and state where you were convicted; 19.0 [Reserved] (b) the date of conviction; 20.0 How the Incident Occurred—Motor Vehicle (c) the offense; and 25.0 [Reserved] (d) the court and case number. 30.0 [Reserved] 40.0 [Reserved] 2.9 Can you speak English with ease? If not, what 50.0 Contract language and dialect do you normally use? 60.0 [Reserved] 70.0 Unlawful Detainer [See separate form DISC-003] 2.10 Can you read and write English with ease? If not, what 101.0 Economic Litigation [See separate form DISC-004] language and dialect do you normally use? 200.0 Employment Law [See separate form DISC-002] Family Law [See separate form FL-145] DISC-001 [Rev. January 1, 2008] Page 2 of 8 FORM INTERROGATORIES—GENERAL DISC-001 2.11 At the time ofthe INCIDENT were you acting as an 3.4 Are you a joint venture? If so, state: agent or employee for any PERSON? If so, state: (a) the current joint venture name; (a) the name, ADDRESS, and telephone number of that (b) all other names used by the jointventure during the PERSON: and past 10 years and the dates each was used; (b) a description of your duties. (c) the name and ADDRESS of each joint venturer; and (d) the ADDRESS of the principal place of business. 2.12 At the time of the INCIDENT did you or any other person have any physical, emotional, or mental disability or 3.5 Are you an unincorporated association? condition that may have contributed to the occurrence of the If so, state: INCIDENT? If so, for each person state: (a) the current unincorporated association name; (a) the name, ADDRESS, and telephone number; (b) all other names used by the unincorporated association (b) the nature of the disability or condition; and during the past 10 years and the dates each was used; (c) the manner in which the disability or condition and contributed to the occurrence of the INCIDENT. (c) the ADDRESS of the principal place of business. 2.13 Within 24 hours before the INCIDENT did you or any 3.6 Have you done business under a fictitious name during person involved in the INCIDENT use or take any of the the past 10 years? If so, for each fictitious name state: following substances: alcoholic beverage, marijuana, or (a) the name; other drug or medication of any kind (prescription or not)? If (b) the dates each was used; so, for each person state: (c) the state and county of each fictitious name filing; and (a) the name, ADDRESS, and telephone number; (d) the ADDRESS of the principal place of business. (b) the nature or description of each substance; (c) the quantity of each substance used or taken; 3.7 Within the past five years has any public entityregis- (d) the date and time of day when each substance was used tered or licensed your business? If so, for each license or or taken; registration: (e) the ADDRESS where each substance was used or (a) identify the license or registration; taken; (b) state the name of the public entity; and (f) the name, ADDRESS, and telephone number of each (c) state the dates of issuance and expiration. person who was present when each substance was used or taken; and (g) the name, ADDRESS, and telephone number of any 4.0 Insurance HEALTH CARE PROVIDER who prescribed or furnished 4.1 At the time of the INCIDENT, was there in effectany the substance and the condition for which it was policy of insurance through which you were or might be prescribed or furnished. insured in any manner (forexample, primary, pro-rata, or excess liability coverage or medical expense coverage) for 3.0 General Background Information—Business Entity the damages, claims, or actions that have arisen out of the 3.1 Are you a corporation? If so, state: INCIDENT? If so, for each policy state: (a) the name stated in the current articles of incorporation; (a) the kind of coverage; (b) all other names used by the corporation during the past (b) the name and ADDRESS of the insurance company; 10 years and the dates each was used; (c) the name, ADDRESS, and telephone number of each (c) the date and place of incorporation; named insured; (d) the ADDRESS of the principal place of business; and (d) the policy number; (e) whether you are qualified to do business in California. (e) the limits of coverage foreach type of coverage con- tained in the policy; 3.2 Are you a partnership? If so, state: (f) whether any reservation of rightsor controversy or (a) the current partnership name; coverage dispute exists between you and the insurance (b) all other names used by the partnership during the past company; and 10 years and the dates each was used; (g) the name, ADDRESS, and telephone number of the (c) whether you are a limited partnership and, if so, under custodian of the policy. the laws of what jurisdiction; (d) the name and ADDRESS of each general partner; and 4.2 Are you self-insured under any statute for the damages, (e) the ADDRESS of the principal place of business. claims, or actions that have arisen out of the INCIDENT? If so, specify the statute. 3.3 Are you a limited liability company? If so, state: (a) the name stated in the current articles of organization; 5.0 [Reserved] (b) all other names used by the company during the past 10 6.0 Physical, Mental, or Emotional Injuries years and the date each was used; (c) the date and place of filing of the articles of organization; 6.1 Do you attributeany physical, mental, or emotional (d) the ADDRESS of the principal place of business; and injuriesto the INCIDENT? (Ifyour answer is “no,”do not (e) whether you are qualified to do business in California. answer interrogatories 6.2 through 6.7). 6.2 Identify each injury you attribute to the INCIDENT and the area of your body affected. DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 3 of 8 DISC-001 6.3 Do you still have any complaints that you attribute to (c) state the amount of damage you are claiming for each the INCIDENT? If so, for each complaint state: item of property and how the amount was calculated; and (a) a description; (d) if the property was sold, state the name, ADDRESS, and (b) whether the complaint is subsiding, remaining the same, telephone number of the seller, the date of sale,and the or becoming worse; and sale price. (c) the frequency and duration. 6.4 Did you receive any consultation or examination 7.2 Has a written estimate or evaluation been made for any (except from expert witnesses covered by Code of Civil item of property referred to in your answer to the preceding Procedure sections 2034.210–2034.310) or treatment from a interrogatory? If so, for each estimate or evaluation state: HEALTH CARE PROVIDER for any injury you attribute to (a) the name, ADDRESS, and telephone number of the the INCIDENT? If so, for each HEALTH CARE PROVIDER PERSON who prepared it and the date prepared; state: (b) the name, ADDRESS, and telephone number of each (a) the name, ADDRESS, and telephone number; PERSON who has a copy of it; and (b) the type of consultation, examination, or treatment (c) the amount of damage stated. provided; (c) the dates you received consultation,examination, or treatment; and 7.3 Has any item of property referred to in your answer to (d) the charges to date. interrogatory 7.1 been repaired? If so, for each item state: (a) the date repaired; (b) a description of the repair; 6.5 Have you taken any medication, prescribed or not, as a result of injuries that you attribute to the INCIDENT? If so, (c) the repair cost; for each medication state: (d) the name, ADDRESS, and telephone number of the (a) the name; PERSON who repaired it; (b) the PERSON who prescribed or furnished it; (e) the name, ADDRESS, and telephone number of the (c) the date it was prescribed or furnished; PERSON who paid for the repair. (d) the dates you began and stopped taking it; and (e) the cost to date. 8.0 Loss of Income or Earning Capacity 8.1 Do you attribute any loss of income or earning capacity 6.6 Are there any other medical services necessitated by to the INCIDENT? (If your answer is “no,” do not answer the injuries that you attribute to the INCIDENT that were not interrogatories 8.2 through 8.8). previously listed (for example, ambulance, nursing, prosthetics)? If so, for each service state: 8.2 State: (a) the nature; (a) the nature of your work; (b) the date; (b) your job title at the time of the INCIDENT; and (c) the cost; and (c) the date your employment began. (d) the name, ADDRESS, and telephone number of each provider. 8.3 State the last date before the INCIDENT that you worked for compensation. 6.7 Has any HEALTH CARE PROVIDER advised that you may require future or additional treatment forany injuries 8.4 State your monthly income at the time of the INCIDENT that you attribute to the INCIDENT? If so, for each injury and how the amount was calculated. state: (a) the name and ADDRESS of each HEALTH CARE 8.5 State the date you returned to work at each place of PROVIDER; employment following the INCIDENT. (b) the complaints for which the treatment was advised; and (c) the nature, duration, and estimated cost of the 8.6 State the dates you did not work and for which you lost treatment. income as a result of the INCIDENT. 7.0 Property Damage 8.7 State the total income you have lost to date as a result 7.1 Do you attribute any loss of or damage to a vehicle or of the INCIDENT and how the amount was calculated. other property to the INCIDENT? Ifso, for each item of property: 8.8 Will you lose income in the future as a result of the (a) describe the property; INCIDENT? If so, state: (b) describe the nature and location of the damage to the (a) the facts upon which you base this contention; property; (b) an estimate of the amount; (c) an estimate of how long you will be unable to work; and (d) how the claim for future income is calculated. DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 4 of 8 DISC-001 9.0 Other Damages (c) the court, names of the parties, and case number of any action filed; 9.1 Are there any other damages that you attribute to the (d) the name, ADDRESS, and telephone number of any INCIDENT? If so, for each item of damage state: attorney representing you; (a) the nature; (b) the date it occurred; (e) whether the claim or action has been resolved or is (c) the amount; and pending; and (d) the name, ADDRESS, and telephone number of each (f) a description of the injury. PERSON to whom an obligation was incurred. 11.2 In the past 10 years have you made a written claim or demand for workers' compensation benefits? If so, for each 9.2 Do any DOCUMENTS support the existence or amount claim or demand state: of any item of damages claimed in interrogatory 9.1? If so, (a) the date, time, and place of the INCIDENT giving rise to describe each document and state the name, ADDRESS, the claim; and telephone number of the PERSON who has each (b) the name, ADDRESS, and telephone number of your DOCUMENT. employer at the time of the injury; (c) the name, ADDRESS, and telephone number of the workers’ compensation insurer and the claim number; 10.0 Medical History (d) the period of time during which you received workers’ 10.1 At any time before the INCIDENT did you have com- compensation benefits; plaints or injuries that involved the same part of your body (e) a description of the injury; claimed to have been injured in the INCIDENT? If so, for (f) the name, ADDRESS, and telephone number of any each state: HEALTH CARE PROVIDER who provided services; and (a) a description of the complaint or injury; (g) the case number at the Workers’ Compensation Appeals (b) the dates it began and ended; and Board. (c) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER whom you consulted or 12.0 Investigation—General who examined or treated you. 12.1 State the name, ADDRESS, and telephone number of each individual: 10.2 List all physical, mental, and emotional disabilities you (a) who witnessed the INCIDENT or the events occurring had immediately before the INCIDENT. (You may omit immediately before or after the INCIDENT; mental or emotional disabilitiesunless you attributeany (b) who made any statement at the scene of the INCIDENT; mental or emotional injury to the INCIDENT.) (c) who heard any statements made about the INCIDENT by any individual at the scene; and 10.3 At any time after the INCIDENT, did you sustain (d) who YOU OR ANYONE ACTING ON YOUR BEHALF injuries of the kind for which you are now claiming claim has knowledge of the INCIDENT (except for damages? Ifso, for each incident giving rise to an injury expert witnesses covered by Code of CivilProcedure state: section 2034). (a) the date and the place it occurred; (b) the name, ADDRESS, and telephone number of any 12.2 Have YOU OR ANYONE ACTING ON YOUR other PERSON involved; BEHALF interviewed any individual concerning the (c) the nature of any injuries you sustained; INCIDENT? If so, for each individual state: (d) the name, ADDRESS, and telephone number of each (a) the name, ADDRESS, and telephone number of the HEALTH CARE PROVIDER who you consulted or who individual interviewed; examined or treated you; and (b) the date of the interview; and (e) the nature of the treatment and its duration. (c) the name, ADDRESS, and telephone number of the 11.0 Other Claims and Previous Claims PERSON who conducted the interview. 11.1 Except for this action, in the past 10 years have you 12.3 Have YOU OR ANYONE ACTING ON YOUR filed an action or made a written claim or demand for BEHALF obtained a written or recorded statement from any compensation for your personal injuries? If so, for each individual concerning the INCIDENT? If so, for each action, claim, or demand state: statement state: (a) the date, time, and place and location (closest street (a) the name, ADDRESS, and telephone number of the ADDRESS or intersection) of the INCIDENT giving rise individual from whom the statement was obtained; to the action, claim, or demand; (b) the name, ADDRESS, and telephone number of the (b) the name, ADDRESS, and telephone number of each individual who obtained the statement; PERSON against whom the claim or demand was made (c) the date the statement was obtained; and or the action filed; (d) the name, ADDRESS, and telephone number of each PERSON who has the original statement or a copy. DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 5 of 8 DISC-001 12.4 Do YOU OR ANYONE ACTING ON YOUR BEHALF 13.2 Has a written report been prepared on the know of any photographs, films, or videotapes depicting any surveillance? If so, for each written report state: place, object, or individual concerning the INCIDENT or (a) the title; plaintiff's injuries? If so, state: (b) the date; (a) the number of photographs or feet of film or videotape; (c) the name, ADDRESS, and telephone number of the (b) the places, objects, or persons photographed, filmed, or individual who prepared the report; and videotaped; (d) the name, ADDRESS, and telephone number of each (c) the date the photographs, films, or videotapes were PERSON who has the original or a copy. taken; 14.0 Statutory or Regulatory Violations (d) the name, ADDRESS, and telephone number of the individual taking the photographs, films, or videotapes; 14.1 Do YOU OR ANYONE ACTING ON YOUR BEHALF and contend that any PERSON involved in the INCIDENT (e) the name, ADDRESS, and telephone number of each violated any statute, ordinance, or regulationand that the PERSON who has the original or a copy of the violation was a legal (proximate) cause of the INCIDENT? If photographs, films, or videotapes. so, identify the name, ADDRESS, and telephone number of each PERSON and the statute, ordinance, or regulation that 12.5 Do YOU OR ANYONE ACTING ON YOU