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1 William L. Adams (SBN166027)
WILLIAM L. ADAMS, PC
2 P.O. BOX 1050
Windsor, CA 95492-1050
3 Telephone: (707) 236-2176
Email: bill@wladamspc.com
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Attorneys for Defendant
5 TWO ROCK VOLUNTEER FIRE DEPARTMENT
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SONOMA
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FREAR STEPHEN SCHMID AND Case No. SCV-266225 and consolidated
10 ASTRID SCHMID, actions SCV-266731 and SCV-270339
11 Plaintiffs,
DECLARATON OF WILLIAM L. ADAMS
12 v. IN SUPPORT OF DEFENDANT TWO
ROCK VOLUNTEER FIRE
13 DEPARTMENT’S OPPOSITION TO
TWO ROCK VOLUNTEER FIRE PLAINTIFFS’ MOTION TO COMPEL
14 DEPARTMENT, CONTINUED DEPOSITION OF NON-
PARTY PAUL MARTIN CONDUCTED
15 Defendant. AUGUST 24, 2022
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Hearing Date: October 14, 2022
17 Hearing Time: 1:30 p.m.
Department: 19
18 AND CONSOLIDATED ACTIONS.
Trial Call: November 4, 2022
19 Time: 8:30 a.m.
Department: 19
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21 I, WILLIAM L. ADAMS, declare:
22 1. I am an attorney duly licensed to practice in the Courts in the State of California
23 and attorney of record for Defendant Two Rock Volunteer Fire Department (“Two Rock Fire”) in
24 this consolidated case. I am competent to testify to these matters from my personal knowledge.
25 Pursuant to Evidence Code section 451 et seq., the Court is respectfully requested to take judicial
26 notice of the documents provided with this declaration, as well as the Court’s own files and records
27 in this consolidated case.
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DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF DEFENDANT TWO ROCK VOLUNTEER FIRE
DEPARTMENT’S OPPOSITION TO PLAINTIFFS’ MOTION
TO COMPEL CONTINUED DEPOSITION OF NON-PARTY PAUL MARTIN
1 2. This declaration is provided in support of Two Rock Fire’s Opposition to Plaintiffs’
2 motion to compel the continued deposition of non-party Paul Martin, which was conducted on
3 August 24, 2022.
4 3. On July 27, 2022, Plaintiffs noticed the deposition of Paul Martin for August 24,
5 2022, as an individual. The deposition notice was not to Two Rock Fire for a “person most
6 knowledgeable” pursuant to Code of Civil Procedure section 2025.230, to produce testimony and
7 documents that could bind entity Defendant Two Rock Fire. The one and only category of
8 documents called for in Mr. Martin’s deposition notice were documents “defendant Two Rock
9 Fire Department contends supports any defense in its answer dated July 18, 2022, to the complaint
10 herein”. (Depo Notice to Non-Party Paul Martin p. 2, lines 15-16.) Defendant Two Rock Fire
11 filed its First Amended Answer on August 23, 2022, rendering this request for Defendant’s
12 documents which was not made to the Defendant moot in any event. A true and correct copy of
13 Plaintiffs’ deposition notice to non-party Paul Martin is attached hereto as Exhibit 1.
14 4. On August 24, 2022, counsel for Defendants County of Sonoma and Two Rock
15 Fire attended Paul Martin’s deposition for nearly two hours. Plaintiffs were notified during the
16 deposition that non-party deponent Paul Martin did not have in his custody and control the
17 documents Plaintiffs requested regarding Defendant Two Rock Fire’s Answer and affirmative
18 defenses. After Plaintiffs refused to conduct examination as permitted as trial (CCP 2025.330(d));
19 refused to respect assertions of privilege; were abusive and argumentative with the deponent; and
20 continued with improper questions as if the deposition notice was to Two Rock Fire under CCP
21 2025.230, Two Rock Fire adjourned the deposition to meet and confer with Plaintiffs regarding
22 proper conduct of a deposition.
23 5. These meet and confer communications are documented in the email chain between
24 me and Plaintiffs attached hereto as Exhibit 2, including Two Rock Fire’s written proposal on
25 September 12, 2022 (a month ago) to continue Mr. Martin’s non-party deposition provided:
26 Plaintiffs conduct the examination of Mr. Martin as permitted at trial; refrain from asking questions
27 in areas in which privilege was asserted; ask only proper, non-contention type questions; and
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DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF DEFENDANT TWO ROCK VOLUNTEER FIRE
DEPARTMENT’S OPPOSITION TO PLAINTIFFS’ MOTION
TO COMPEL CONTINUED DEPOSITION OF NON-PARTY PAUL MARTIN
1 acknowledge that Mr. Martin was being deposed as a non-party individual, rather than a person
2 most knowledgeable representing Defendant Two Rock Fire under CCP section 2025,230.
3 Plaintiffs did not respond to Two Rock Fire’s proposal for protections that were entirely consistent
4 with provisions CCP section 2025.420.
5 6. Two Rock Fire requested a copy of the deposition transcript at the adjournment of
6 the deposition on August 24, 2022, but have not received a copy. This fact was noted to Plaintiffs
7 in the meet and confer correspondence in Exhibit 2. It was thus a surprise that Plaintiffs have
8 included selective excerpts of Mr. Martin’s 69- page deposition transcript (pages 42-49 and 62-
9 69) which has not been seen or reviewed by Defendant Two Rock Fire, Defendant County of
10 Sonoma, or, most significantly, non-party deponent Paul Martin. Additionally, Two Rock Fire
11 objects to and moves to strike Plaintiffs’ submittal of this partial, selective, and incomplete
12 deposition transcript, which omits numerous and recurring objections concerning the requirement
13 that examination proceed as if at trial, Mr. Martin’s non-party status and that the deposition notice
14 was not for a person most knowledgeable under CCP section 2025.230 (see Evidence Code
15 sections 356, 412).
16 7. Relevant to Plaintiffs’ lack of diligence related to this motion, after Plaintiffs
17 refused to attend their depositions notice for August 26, 2022, Two Rock Fire filed a Motion to
18 exclude testimony or compel Plaintiffs depositions a week later, on September 2, 2022. Once the
19 parties learned this motion had been set for hearing on February 1, 2022, Two Rock Fire
20 immediately filed an ex parte application (which was unopposed by Plaintiffs) to advance the
21 hearing date to October 14, 2022. The Court issued its Order granting this unopposed request on
22 September 26, 2022. Rather than following the example of Two Rock Fire to timely address and
23 resolve pretrial discovery issues over the past month, Plaintiffs have waited until the last minute,
24 seeking to shorten time and force Two Rock Fire to file pleadings during a period of previously
25 announced unavailability of counsel.
26 8. In my declaration filed October 3, 2022, I previously notified Plaintiffs that non-
27 party Paul Martin will be traveling out of town from October 13-22, 2022. Mr. Martin and I are
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DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF DEFENDANT TWO ROCK VOLUNTEER FIRE
DEPARTMENT’S OPPOSITION TO PLAINTIFFS’ MOTION
TO COMPEL CONTINUED DEPOSITION OF NON-PARTY PAUL MARTIN
1 available for his continued deposition on October 24, 26, 27, 31; and November 1, 2, and 3. In
2 light of Two Rock Fire’s Motion (filed on September 2, 2022) on the October 14, 2022, calendar
3 regarding Plaintiffs’ depositions, given that the depositions of Plaintiffs will likely take a day each,
4 I request Mr. Martin’s continued deposition be set after Plaintiffs’ deposition dates are set.
5 I declare under the penalty of perjury under the laws of the State of California that the
6 foregoing is true and correct. Executed in Windsor, California.
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8 Dated: October 11, 2022
William L. Adams
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DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF DEFENDANT TWO ROCK VOLUNTEER FIRE
DEPARTMENT’S OPPOSITION TO PLAINTIFFS’ MOTION
TO COMPEL CONTINUED DEPOSITION OF NON-PARTY PAUL MARTIN
EXHIBIT 1
EXHIBIT 2
Jacqueline Schaap
From: William Adams
Sent: Friday, September 30, 2022 3:42 PM
To: Frear Stephen Schmid
Cc: michael.king@sonoma-county.org; Jacqueline Schaap
Subject: RE: Schmid v. TRVFD, consolidated case no. SCV-266225 ; Plaintiffs Notice of filing motion to compel
deposition of Paul Martin
Attachments: RE: Schmid v. Two Rock Fire Volunteer Fire Department, consolidated case no. SCV- 266225-
continued deposition of Paul Martin
Dear Plaintiffs Mr. and Mrs. Schmid –
As you know, Defendant Two Rock Fire filed a Substitution of Attorney on 9/13/22, which designates counsel as William
L. Adams, PC in this consolidated case. Please update your email addresses accordingly. Also, as you are further aware,
in the Court’s Order after Hearing entered on 7/29/22, the Court identified Defendant “Two Rock Volunteer Fire
Department“ as the defendant for this consolidated case. Thus, your assertions that there is some lack of
representation by counsel of record of the named Defendant Two Rock Fire are entirely without basis in fact or law. The
Court has not and does not concur with your assertions about any lack of representation or lack of standing (see, e.g.,
the Court’s Order on 9/26/22 advancing the hearing date for Defendant Two Rock Fire’s Motions to exclude Plaintiffs’
testimony for failure to attend depositions).
Secondly, for the several reasons outlined in my attached emails sent on 9/12/22 and 9/29/22; Defendant Two Rock
Fire will oppose Plaintiffs’ ex parte application for an order shortening time to file a motion regarding the individual
deposition of Paul Martin, as referenced in your email below. As required by CRC 3.1206, please provide all
pleadings, declarations and supporting documents regarding your proposed ex parte application at the first reasonable
opportunity.
William L. Adams, PC
P.O. Box 1050
Windsor, CA 95492-1050
(707) 236-2176
bill@wladamspc.com
From: Frear Stephen Schmid
Sent: Friday, September 30, 2022 8:36 AM
To: William Adams ; Jacqueline Schaap
Cc: wadams@johnstonthomas.com; jschaap@johnstonthomas.com; rthomas@johnstonthomas.com;
rjohnston@johnstonthomas.com; michael.king@sonoma‐county.org
Subject: Schmid v. TRFD, SCV‐266225 and consolidated actions SCV‐266731 and SCV ‐270339, NOTICE of ex parte
application to Dept. 19 on October 3,2022 re compelling deposition of Paul Martin and production of documents thereat
To defendant Two Rock Fire Department and its counsel and to all parties and their counsel in Case
No. SCV-266225 and consolidated actions SCV-266731 and SCV -270339:
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NOTICE is hereby given that on October 3, 2022, before 10:30 a.m. pursuant to California Rule
of Court 3.1200 et seq, plaintiffs Frear Stephen Schmid and Astrid Schmid in action SCV -
270339 will apply ex parte to the Judge of Dept. 19, of Sonoma Superior Court for an
order compelling Paul Martin, an officer (vice president) of defendant
corporation, Two Rock Fire Department, to appear in person and answer
questions at a deposition on October 11 or 12 starting at 10 a.m. at
One Willowbrook Court, Petaluma, CA and also for an order to compel
him to produce thereat the documents requested in the deposition notice
to him dated and served on July 27,2022 ; or in the alternative for an
order setting the motion to compel the deposition of Paul Martin as an
officer of the defendant corporation, Two Rock Fire Department, and
production of documents thereat for hearing in Department 19 on October
14, 2022 or such other date or department as the court may properly set in view
of the Nov. 4, 2022 trial date . A motion to compel a witness to appear and
answer questions at a deposition and produce documents thereat may be
sought and granted on an ex parte basis. Parker v. Wolters Kluwer United
States, Inc.(2007) 149 Cal.App.4th 285, 295-296. Here, the ex parte
application is most appropriate due to trial being scheduled for Nov.
4,2022, 1 month from now, and discovery motions must be heard 15 days
before trial. Kaplan v. Mamelak ( 2008) 162 Cal. App. 4th 637.
Please advise if you intend to oppose the ex parte application.
Very truly yours,
Frear Stephen Schmid and Astrid Schmid
7585 Valley Ford Road
Petaluma, CA 94952
Tel: 415-788-5957
e-mail: frearschmid@aol.com
++++++++++++++++++++
This e-mail and any attachments thereto is intended only for use by the addressee(s) named herein
and may contain legally privileged and/or confidential information. If you are not the intended recipient
of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail,
and any attachments thereto, is strictly prohibited. If you receive this e-mail in error please notify us
immediately either by return e-mail or by telephone at 415-788-5957 and permanently delete the
original, any copy of any e-mail, and any printout thereof.
2
Jacqueline Schaap
From: William Adams
Sent: Thursday, September 29, 2022 3:03 PM
To: Frear Stephen Schmid
Cc: michael.king@sonoma-county.org; Jacqueline Schaap
Subject: RE: Schmid v. Two Rock Fire Volunteer Fire Department, consolidated case no. SCV- 266225-
continued deposition of Paul Martin
Attachments: RE: Schmid v. Two Rock Fire Department consolidated case no SCV- 266225 - status of deposition of
Paul Martin
Dear Plaintiffs Mr. and Mrs. Schmid –
At this point, I suppose I should not be surprised, but, as shown by the attached email exchange, I note that you are
manufacturing a false record below by omitting my response on Monday 9/12/22 to your email of Saturday 9/10/22 –
appearing intent on making a claim to the Court that Defendant Two Rock Fire did not respond.
Additionally, I note that you have again omitted Deputy County Counsel Mike King from your email in this consolidated
case no. SCV‐266225, despite the fact that the County is a Defendant represented by Mr. King, as well as the fact that
Mr. King attended Mr. Martin’s deposition on 8/24/22. I have copied Deputy County Counsel King on this email.
Although you noticed the deposition of Mr. Martin and I requested a copy of the transcript from the Court Reporter at
the deposition, as noted in my email sent more than two weeks ago, I have not seen a transcript of the 2 hours of Mr.
Martin’s 8/24/22 deposition. In the event you have somehow obtained a copy of the deposition transcript in the interim
for your ex parte application (and have for some reason precluded Defendant Two Rock Fire from receiving a copy), I
request ‐ again – that Defendant Two Rock Fire receive a copy of Mr. Martin’s deposition transcript.
As you were informed in my attached email more than two weeks ago, if both Plaintiffs provide Mr. King and I with a
written stipulation confirming that: Mr. Martin’s deposition was noticed to him as an individual (not as a Personal Most
Knowledgeable on behalf of Defendant Two Rock Fire pursuant to CCP section 2025.230); that Plaintiffs will not pursue
improper questions; that Plaintiffs will not seek privileged information once objections and assertions of privilege are
made; and that Plaintiffs will abide by the limited scope of discovery pursuant to the Court’s Order after Hearing entered
on 7/29/22, I will consult with Mr. Martin to ascertain his availability for further deposition.
Finally, with regard to an ex parte application that you might present on Monday 10/3/22, since there not a pending
Motion by Plaintiffs, the relief available for Plaintiff would be a request for an order shortening notice for some future
Motion to Compel to be filed by Plaintiffs (See CCP section 2025.480). As you know from a very recent example in this
consolidated case, when both of you as Plaintiffs did not attend your depositions on 8/26/22, Defendant Two Rock Fire
filed a Motion pursuant to CCP section 2025.480 on 9/2/22, which was set for hearing on 2/1/23; then Defendant Two
Rock Fire made an unopposed ex parte application on 9/19/22 to advance the hearing date in order to have those
Motions heard before trial – and they are now set for 10/14/22.
Please advise if Plaintiffs will provide the written stipulation outlined above.
William L. Adams, PC
P.O. Box 1050
Windsor, CA 95492-1050
(707) 236-2176
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bill@wladamspc.com
Sent: Thursday, September 29, 2022 12:15 PM
To: William Adams ; Jacqueline Schaap
Subject: Re: Schmid v. Two Rock Fire Department SCV‐ 270339‐ resumption of the improperly disrupted deposition of
Two Rock Fire Department Vice President Paul Martin
Hi Bill- this is a further meet and confer regarding the deposition of TRFD Officer Paul Martin. Despite
your statements that you would be seeking a protective order, you have failed to do so. The simple
truth is there was no basis for you unilaterally leaving the deposition of Mr. Martin. and disrupting
plaintiffs' right to his testimony, and you have provided no justification for your conduct. Your
assertions of objections during the questioning of Paul served only to needlessly derail questioning,
and even had the objections been proper, none would allow you to break off the deposition. Thus,
please agree as to a date for the resumption of Paul's deposition. If you don't agree this is to give
notice that on Oct 3,2022 plaintiffs will be making an ex parte application in Dept 19 compelling the
resumption thereof and the production of the documents requested. We will seek the depo date of
October 11 or 12.
Very truly yours,
Frear Stephen Schmid and Astrid Schmid
7585 Valley Ford Road
Petaluma, CA 94952
Tel: 415-788-5957
e-mail: frearschmid@aol.com
++++++++++++++++++++
This e-mail and any attachments thereto is intended only for use by the addressee(s) named herein
and may contain legally privileged and/or confidential information. If you are not the intended recipient
of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail,
and any attachments thereto, is strictly prohibited. If you receive this e-mail in error please notify us
immediately either by return e-mail or by telephone at 415-788-5957 and permanently delete the
original, any copy of any e-mail, and any printout thereof.
-----Original Message-----
From: Frear Stephen Schmid
To: bill@wladamspc.com ; jacqueline@wladamspc.com
Sent: Sat, Sep 10, 2022 3:10 pm
Subject: Schmid v. Two Rock Fire Department SCV- 270339- resumption of the improperly disrupted deposition of Two
Rock Fire Department Vice President Paul Martin
Hi Bill- during your meritless interruption of the duly noticed deposition of Two Rock Fire Department
Vice President Paul Martin and your unjustified storming out therefrom on August 24, you stated that
you wanted an expedited transcript, and you would be seeking a protective order on an ex parte
basis. Apparently, you have abandoned this ill-conceived plan and your disruption of the deposition
as legally and factually unsustainable and unjustified. Please confirm, so we can resume Paul's
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deposition. Also please confirm Paul will produce the documents requested in the deposition notice,
as no objection thereto was ever asserted, and thus any possible objections were and have been
waived.
Thanks for your prompt attention hereto.
Very truly yours,
Frear Stephen Schmid and Astrid Schmid
7585 Valley Ford Road
Petaluma, CA 94952
Tel: 415-788-5957
e-mail: frearschmid@aol.com
++++++++++++++++++++
This e-mail and any attachments thereto is intended only for use by the addressee(s) named herein
and may contain legally privileged and/or confidential information. If you are not the intended recipient
of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail,
and any attachments thereto, is strictly prohibited. If you receive this e-mail in error please notify us
immediately either by return e-mail or by telephone at 415-788-5957 and permanently delete the
original, any copy of any e-mail, and any printout thereof.
3
Jacqueline Schaap
From: William Adams
Sent: Monday, September 12, 2022 5:05 PM
To: Frear Stephen Schmid
Cc: michael.king@sonoma-county.org; Jacqueline Schaap
Subject: RE: Schmid v. Two Rock Fire Department consolidated case no SCV- 266225 - status of deposition of
Paul Martin
Plaintiffs Schmid –
I have not seen a copy of the transcript. If both Plaintiffs will stipulate in writing that Mr. Martin’s deposition was
noticed to him as an individual, that Plaintiffs will not pursue improper questions, that Plaintiffs will not seek privileged
information once objections are made, and that Plaintiffs will abide by the limited scope of discovery pursuant to the
Court’s Order entered on 7/29/22, please let me know some suggested dates to conclude Mr. Martin’s deposition. I
note you have omitted counsel for County, Mr. King, in your email below, so I have included him here as required by CCP
2025.
We have already informed you that Mr. Martin does not have documents called for in deposition notice.
I am at conference in Sacramento the next few days, but will have sporadic occasion to check email.
William L. Adams, PC
P.O. Box 1050
Windsor, CA 95492-1050
(707) 236-2176
bill@wladamspc.com
From: Frear Stephen Schmid
Sent: Saturday, September 10, 2022 3:10 PM
To: William Adams ; Jacqueline Schaap
Subject: Schmid v. Two Rock Fire Department SCV‐ 270339‐ resumption of the improperly disrupted deposition of Two
Rock Fire Department Vice President Paul Martin
Hi Bill- during your meritless interruption of the duly noticed deposition of Two Rock Fire Department
Vice President Paul Martin and your unjustified storming out therefrom on August 24, you stated that
you wanted an expedited transcript, and you would be seeking a protective order on an ex parte
basis. Apparently, you have abandoned this ill-conceived plan and your disruption of the deposition
as legally and factually unsustainable and unjustified. Please confirm, so we can resume Paul's
deposition. Also please confirm Paul will produce the documents requested in the deposition notice,
as no objection thereto was ever asserted, and thus any possible objections were and have been
waived.
Thanks for your prompt attention hereto.
Very truly yours,
1
Frear Stephen Schmid and Astrid Schmid
7585 Valley Ford Road
Petaluma, CA 94952
Tel: 415-788-5957
e-mail: frearschmid@aol.com
++++++++++++++++++++
This e-mail and any attachments thereto is intended only for use by the addressee(s) named herein
and may contain legally privileged and/or confidential information. If you are not the intended recipient
of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail,
and any attachments thereto, is strictly prohibited. If you receive this e-mail in error please notify us
immediately either by return e-mail or by telephone at 415-788-5957 and permanently delete the
original, any copy of any e-mail, and any printout thereof.
2
Preview
1 William L. Adams (SBN166027) WILLIAM L. ADAMS, PC 2 P.O. BOX 1050 Windsor, CA 95492-1050 3 Telephone: (707) 236-2176 Email: bill@wladamspc.com 4 Attorneys for Defendant 5 TWO ROCK VOLUNTEER FIRE DEPARTMENT 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF SONOMA 9 FREAR STEPHEN SCHMID AND Case No. SCV-266225 and consolidated 10 ASTRID SCHMID, actions SCV-266731 and SCV-270339 11 Plaintiffs, DECLARATON OF WILLIAM L. ADAMS 12 v. IN SUPPORT OF DEFENDANT TWO ROCK VOLUNTEER FIRE 13 DEPARTMENT’S OPPOSITION TO TWO ROCK VOLUNTEER FIRE PLAINTIFFS’ MOTION TO COMPEL 14 DEPARTMENT, CONTINUED DEPOSITION OF NON- PARTY PAUL MARTIN CONDUCTED 15 Defendant. AUGUST 24, 2022 16 Hearing Date: October 14, 2022 17 Hearing Time: 1:30 p.m. Department: 19 18 AND CONSOLIDATED ACTIONS. Trial Call: November 4, 2022 19 Time: 8:30 a.m. Department: 19 20 21 I, WILLIAM L. ADAMS, declare: 22 1. I am an attorney duly licensed to practice in the Courts in the State of California 23 and attorney of record for Defendant Two Rock Volunteer Fire Department (“Two Rock Fire”) in 24 this consolidated case. I am competent to testify to these matters from my personal knowledge. 25 Pursuant to Evidence Code section 451 et seq., the Court is respectfully requested to take judicial 26 notice of the documents provided with this declaration, as well as the Court’s own files and records 27 in this consolidated case. 28 1 DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S OPPOSITION TO PLAINTIFFS’ MOTION TO COMPEL CONTINUED DEPOSITION OF NON-PARTY PAUL MARTIN 1 2. This declaration is provided in support of Two Rock Fire’s Opposition to Plaintiffs’ 2 motion to compel the continued deposition of non-party Paul Martin, which was conducted on 3 August 24, 2022. 4 3. On July 27, 2022, Plaintiffs noticed the deposition of Paul Martin for August 24, 5 2022, as an individual. The deposition notice was not to Two Rock Fire for a “person most 6 knowledgeable” pursuant to Code of Civil Procedure section 2025.230, to produce testimony and 7 documents that could bind entity Defendant Two Rock Fire. The one and only category of 8 documents called for in Mr. Martin’s deposition notice were documents “defendant Two Rock 9 Fire Department contends supports any defense in its answer dated July 18, 2022, to the complaint 10 herein”. (Depo Notice to Non-Party Paul Martin p. 2, lines 15-16.) Defendant Two Rock Fire 11 filed its First Amended Answer on August 23, 2022, rendering this request for Defendant’s 12 documents which was not made to the Defendant moot in any event. A true and correct copy of 13 Plaintiffs’ deposition notice to non-party Paul Martin is attached hereto as Exhibit 1. 14 4. On August 24, 2022, counsel for Defendants County of Sonoma and Two Rock 15 Fire attended Paul Martin’s deposition for nearly two hours. Plaintiffs were notified during the 16 deposition that non-party deponent Paul Martin did not have in his custody and control the 17 documents Plaintiffs requested regarding Defendant Two Rock Fire’s Answer and affirmative 18 defenses. After Plaintiffs refused to conduct examination as permitted as trial (CCP 2025.330(d)); 19 refused to respect assertions of privilege; were abusive and argumentative with the deponent; and 20 continued with improper questions as if the deposition notice was to Two Rock Fire under CCP 21 2025.230, Two Rock Fire adjourned the deposition to meet and confer with Plaintiffs regarding 22 proper conduct of a deposition. 23 5. These meet and confer communications are documented in the email chain between 24 me and Plaintiffs attached hereto as Exhibit 2, including Two Rock Fire’s written proposal on 25 September 12, 2022 (a month ago) to continue Mr. Martin’s non-party deposition provided: 26 Plaintiffs conduct the examination of Mr. Martin as permitted at trial; refrain from asking questions 27 in areas in which privilege was asserted; ask only proper, non-contention type questions; and 28 2 DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S OPPOSITION TO PLAINTIFFS’ MOTION TO COMPEL CONTINUED DEPOSITION OF NON-PARTY PAUL MARTIN 1 acknowledge that Mr. Martin was being deposed as a non-party individual, rather than a person 2 most knowledgeable representing Defendant Two Rock Fire under CCP section 2025,230. 3 Plaintiffs did not respond to Two Rock Fire’s proposal for protections that were entirely consistent 4 with provisions CCP section 2025.420. 5 6. Two Rock Fire requested a copy of the deposition transcript at the adjournment of 6 the deposition on August 24, 2022, but have not received a copy. This fact was noted to Plaintiffs 7 in the meet and confer correspondence in Exhibit 2. It was thus a surprise that Plaintiffs have 8 included selective excerpts of Mr. Martin’s 69- page deposition transcript (pages 42-49 and 62- 9 69) which has not been seen or reviewed by Defendant Two Rock Fire, Defendant County of 10 Sonoma, or, most significantly, non-party deponent Paul Martin. Additionally, Two Rock Fire 11 objects to and moves to strike Plaintiffs’ submittal of this partial, selective, and incomplete 12 deposition transcript, which omits numerous and recurring objections concerning the requirement 13 that examination proceed as if at trial, Mr. Martin’s non-party status and that the deposition notice 14 was not for a person most knowledgeable under CCP section 2025.230 (see Evidence Code 15 sections 356, 412). 16 7. Relevant to Plaintiffs’ lack of diligence related to this motion, after Plaintiffs 17 refused to attend their depositions notice for August 26, 2022, Two Rock Fire filed a Motion to 18 exclude testimony or compel Plaintiffs depositions a week later, on September 2, 2022. Once the 19 parties learned this motion had been set for hearing on February 1, 2022, Two Rock Fire 20 immediately filed an ex parte application (which was unopposed by Plaintiffs) to advance the 21 hearing date to October 14, 2022. The Court issued its Order granting this unopposed request on 22 September 26, 2022. Rather than following the example of Two Rock Fire to timely address and 23 resolve pretrial discovery issues over the past month, Plaintiffs have waited until the last minute, 24 seeking to shorten time and force Two Rock Fire to file pleadings during a period of previously 25 announced unavailability of counsel. 26 8. In my declaration filed October 3, 2022, I previously notified Plaintiffs that non- 27 party Paul Martin will be traveling out of town from October 13-22, 2022. Mr. Martin and I are 28 3 DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S OPPOSITION TO PLAINTIFFS’ MOTION TO COMPEL CONTINUED DEPOSITION OF NON-PARTY PAUL MARTIN 1 available for his continued deposition on October 24, 26, 27, 31; and November 1, 2, and 3. In 2 light of Two Rock Fire’s Motion (filed on September 2, 2022) on the October 14, 2022, calendar 3 regarding Plaintiffs’ depositions, given that the depositions of Plaintiffs will likely take a day each, 4 I request Mr. Martin’s continued deposition be set after Plaintiffs’ deposition dates are set. 5 I declare under the penalty of perjury under the laws of the State of California that the 6 foregoing is true and correct. Executed in Windsor, California. 7 8 Dated: October 11, 2022 William L. Adams 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S OPPOSITION TO PLAINTIFFS’ MOTION TO COMPEL CONTINUED DEPOSITION OF NON-PARTY PAUL MARTIN EXHIBIT 1 EXHIBIT 2 Jacqueline Schaap From: William Adams Sent: Friday, September 30, 2022 3:42 PM To: Frear Stephen Schmid Cc: michael.king@sonoma-county.org; Jacqueline Schaap Subject: RE: Schmid v. TRVFD, consolidated case no. SCV-266225 ; Plaintiffs Notice of filing motion to compel deposition of Paul Martin Attachments: RE: Schmid v. Two Rock Fire Volunteer Fire Department, consolidated case no. SCV- 266225- continued deposition of Paul Martin Dear Plaintiffs Mr. and Mrs. Schmid – As you know, Defendant Two Rock Fire filed a Substitution of Attorney on 9/13/22, which designates counsel as William L. Adams, PC in this consolidated case. Please update your email addresses accordingly. Also, as you are further aware, in the Court’s Order after Hearing entered on 7/29/22, the Court identified Defendant “Two Rock Volunteer Fire Department“ as the defendant for this consolidated case. Thus, your assertions that there is some lack of representation by counsel of record of the named Defendant Two Rock Fire are entirely without basis in fact or law. The Court has not and does not concur with your assertions about any lack of representation or lack of standing (see, e.g., the Court’s Order on 9/26/22 advancing the hearing date for Defendant Two Rock Fire’s Motions to exclude Plaintiffs’ testimony for failure to attend depositions). Secondly, for the several reasons outlined in my attached emails sent on 9/12/22 and 9/29/22; Defendant Two Rock Fire will oppose Plaintiffs’ ex parte application for an order shortening time to file a motion regarding the individual deposition of Paul Martin, as referenced in your email below. As required by CRC 3.1206, please provide all pleadings, declarations and supporting documents regarding your proposed ex parte application at the first reasonable opportunity. William L. Adams, PC P.O. Box 1050 Windsor, CA 95492-1050 (707) 236-2176 bill@wladamspc.com From: Frear Stephen Schmid Sent: Friday, September 30, 2022 8:36 AM To: William Adams ; Jacqueline Schaap Cc: wadams@johnstonthomas.com; jschaap@johnstonthomas.com; rthomas@johnstonthomas.com; rjohnston@johnstonthomas.com; michael.king@sonoma‐county.org Subject: Schmid v. TRFD, SCV‐266225 and consolidated actions SCV‐266731 and SCV ‐270339, NOTICE of ex parte application to Dept. 19 on October 3,2022 re compelling deposition of Paul Martin and production of documents thereat To defendant Two Rock Fire Department and its counsel and to all parties and their counsel in Case No. SCV-266225 and consolidated actions SCV-266731 and SCV -270339: 1 NOTICE is hereby given that on October 3, 2022, before 10:30 a.m. pursuant to California Rule of Court 3.1200 et seq, plaintiffs Frear Stephen Schmid and Astrid Schmid in action SCV - 270339 will apply ex parte to the Judge of Dept. 19, of Sonoma Superior Court for an order compelling Paul Martin, an officer (vice president) of defendant corporation, Two Rock Fire Department, to appear in person and answer questions at a deposition on October 11 or 12 starting at 10 a.m. at One Willowbrook Court, Petaluma, CA and also for an order to compel him to produce thereat the documents requested in the deposition notice to him dated and served on July 27,2022 ; or in the alternative for an order setting the motion to compel the deposition of Paul Martin as an officer of the defendant corporation, Two Rock Fire Department, and production of documents thereat for hearing in Department 19 on October 14, 2022 or such other date or department as the court may properly set in view of the Nov. 4, 2022 trial date . A motion to compel a witness to appear and answer questions at a deposition and produce documents thereat may be sought and granted on an ex parte basis. Parker v. Wolters Kluwer United States, Inc.(2007) 149 Cal.App.4th 285, 295-296. Here, the ex parte application is most appropriate due to trial being scheduled for Nov. 4,2022, 1 month from now, and discovery motions must be heard 15 days before trial. Kaplan v. Mamelak ( 2008) 162 Cal. App. 4th 637. Please advise if you intend to oppose the ex parte application. Very truly yours, Frear Stephen Schmid and Astrid Schmid 7585 Valley Ford Road Petaluma, CA 94952 Tel: 415-788-5957 e-mail: frearschmid@aol.com ++++++++++++++++++++ This e-mail and any attachments thereto is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you receive this e-mail in error please notify us immediately either by return e-mail or by telephone at 415-788-5957 and permanently delete the original, any copy of any e-mail, and any printout thereof. 2 Jacqueline Schaap From: William Adams Sent: Thursday, September 29, 2022 3:03 PM To: Frear Stephen Schmid Cc: michael.king@sonoma-county.org; Jacqueline Schaap Subject: RE: Schmid v. Two Rock Fire Volunteer Fire Department, consolidated case no. SCV- 266225- continued deposition of Paul Martin Attachments: RE: Schmid v. Two Rock Fire Department consolidated case no SCV- 266225 - status of deposition of Paul Martin Dear Plaintiffs Mr. and Mrs. Schmid – At this point, I suppose I should not be surprised, but, as shown by the attached email exchange, I note that you are manufacturing a false record below by omitting my response on Monday 9/12/22 to your email of Saturday 9/10/22 – appearing intent on making a claim to the Court that Defendant Two Rock Fire did not respond. Additionally, I note that you have again omitted Deputy County Counsel Mike King from your email in this consolidated case no. SCV‐266225, despite the fact that the County is a Defendant represented by Mr. King, as well as the fact that Mr. King attended Mr. Martin’s deposition on 8/24/22. I have copied Deputy County Counsel King on this email. Although you noticed the deposition of Mr. Martin and I requested a copy of the transcript from the Court Reporter at the deposition, as noted in my email sent more than two weeks ago, I have not seen a transcript of the 2 hours of Mr. Martin’s 8/24/22 deposition. In the event you have somehow obtained a copy of the deposition transcript in the interim for your ex parte application (and have for some reason precluded Defendant Two Rock Fire from receiving a copy), I request ‐ again – that Defendant Two Rock Fire receive a copy of Mr. Martin’s deposition transcript. As you were informed in my attached email more than two weeks ago, if both Plaintiffs provide Mr. King and I with a written stipulation confirming that: Mr. Martin’s deposition was noticed to him as an individual (not as a Personal Most Knowledgeable on behalf of Defendant Two Rock Fire pursuant to CCP section 2025.230); that Plaintiffs will not pursue improper questions; that Plaintiffs will not seek privileged information once objections and assertions of privilege are made; and that Plaintiffs will abide by the limited scope of discovery pursuant to the Court’s Order after Hearing entered on 7/29/22, I will consult with Mr. Martin to ascertain his availability for further deposition. Finally, with regard to an ex parte application that you might present on Monday 10/3/22, since there not a pending Motion by Plaintiffs, the relief available for Plaintiff would be a request for an order shortening notice for some future Motion to Compel to be filed by Plaintiffs (See CCP section 2025.480). As you know from a very recent example in this consolidated case, when both of you as Plaintiffs did not attend your depositions on 8/26/22, Defendant Two Rock Fire filed a Motion pursuant to CCP section 2025.480 on 9/2/22, which was set for hearing on 2/1/23; then Defendant Two Rock Fire made an unopposed ex parte application on 9/19/22 to advance the hearing date in order to have those Motions heard before trial – and they are now set for 10/14/22. Please advise if Plaintiffs will provide the written stipulation outlined above. William L. Adams, PC P.O. Box 1050 Windsor, CA 95492-1050 (707) 236-2176 1 bill@wladamspc.com Sent: Thursday, September 29, 2022 12:15 PM To: William Adams ; Jacqueline Schaap Subject: Re: Schmid v. Two Rock Fire Department SCV‐ 270339‐ resumption of the improperly disrupted deposition of Two Rock Fire Department Vice President Paul Martin Hi Bill- this is a further meet and confer regarding the deposition of TRFD Officer Paul Martin. Despite your statements that you would be seeking a protective order, you have failed to do so. The simple truth is there was no basis for you unilaterally leaving the deposition of Mr. Martin. and disrupting plaintiffs' right to his testimony, and you have provided no justification for your conduct. Your assertions of objections during the questioning of Paul served only to needlessly derail questioning, and even had the objections been proper, none would allow you to break off the deposition. Thus, please agree as to a date for the resumption of Paul's deposition. If you don't agree this is to give notice that on Oct 3,2022 plaintiffs will be making an ex parte application in Dept 19 compelling the resumption thereof and the production of the documents requested. We will seek the depo date of October 11 or 12. Very truly yours, Frear Stephen Schmid and Astrid Schmid 7585 Valley Ford Road Petaluma, CA 94952 Tel: 415-788-5957 e-mail: frearschmid@aol.com ++++++++++++++++++++ This e-mail and any attachments thereto is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you receive this e-mail in error please notify us immediately either by return e-mail or by telephone at 415-788-5957 and permanently delete the original, any copy of any e-mail, and any printout thereof. -----Original Message----- From: Frear Stephen Schmid To: bill@wladamspc.com ; jacqueline@wladamspc.com Sent: Sat, Sep 10, 2022 3:10 pm Subject: Schmid v. Two Rock Fire Department SCV- 270339- resumption of the improperly disrupted deposition of Two Rock Fire Department Vice President Paul Martin Hi Bill- during your meritless interruption of the duly noticed deposition of Two Rock Fire Department Vice President Paul Martin and your unjustified storming out therefrom on August 24, you stated that you wanted an expedited transcript, and you would be seeking a protective order on an ex parte basis. Apparently, you have abandoned this ill-conceived plan and your disruption of the deposition as legally and factually unsustainable and unjustified. Please confirm, so we can resume Paul's 2 deposition. Also please confirm Paul will produce the documents requested in the deposition notice, as no objection thereto was ever asserted, and thus any possible objections were and have been waived. Thanks for your prompt attention hereto. Very truly yours, Frear Stephen Schmid and Astrid Schmid 7585 Valley Ford Road Petaluma, CA 94952 Tel: 415-788-5957 e-mail: frearschmid@aol.com ++++++++++++++++++++ This e-mail and any attachments thereto is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you receive this e-mail in error please notify us immediately either by return e-mail or by telephone at 415-788-5957 and permanently delete the original, any copy of any e-mail, and any printout thereof. 3 Jacqueline Schaap From: William Adams Sent: Monday, September 12, 2022 5:05 PM To: Frear Stephen Schmid Cc: michael.king@sonoma-county.org; Jacqueline Schaap Subject: RE: Schmid v. Two Rock Fire Department consolidated case no SCV- 266225 - status of deposition of Paul Martin Plaintiffs Schmid – I have not seen a copy of the transcript. If both Plaintiffs will stipulate in writing that Mr. Martin’s deposition was noticed to him as an individual, that Plaintiffs will not pursue improper questions, that Plaintiffs will not seek privileged information once objections are made, and that Plaintiffs will abide by the limited scope of discovery pursuant to the Court’s Order entered on 7/29/22, please let me know some suggested dates to conclude Mr. Martin’s deposition. I note you have omitted counsel for County, Mr. King, in your email below, so I have included him here as required by CCP 2025. We have already informed you that Mr. Martin does not have documents called for in deposition notice. I am at conference in Sacramento the next few days, but will have sporadic occasion to check email. William L. Adams, PC P.O. Box 1050 Windsor, CA 95492-1050 (707) 236-2176 bill@wladamspc.com From: Frear Stephen Schmid Sent: Saturday, September 10, 2022 3:10 PM To: William Adams ; Jacqueline Schaap Subject: Schmid v. Two Rock Fire Department SCV‐ 270339‐ resumption of the improperly disrupted deposition of Two Rock Fire Department Vice President Paul Martin Hi Bill- during your meritless interruption of the duly noticed deposition of Two Rock Fire Department Vice President Paul Martin and your unjustified storming out therefrom on August 24, you stated that you wanted an expedited transcript, and you would be seeking a protective order on an ex parte basis. Apparently, you have abandoned this ill-conceived plan and your disruption of the deposition as legally and factually unsustainable and unjustified. Please confirm, so we can resume Paul's deposition. Also please confirm Paul will produce the documents requested in the deposition notice, as no objection thereto was ever asserted, and thus any possible objections were and have been waived. Thanks for your prompt attention hereto. Very truly yours, 1 Frear Stephen Schmid and Astrid Schmid 7585 Valley Ford Road Petaluma, CA 94952 Tel: 415-788-5957 e-mail: frearschmid@aol.com ++++++++++++++++++++ This e-mail and any attachments thereto is intended only for use by the addressee(s) named herein and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail, and any attachments thereto, is strictly prohibited. If you receive this e-mail in error please notify us immediately either by return e-mail or by telephone at 415-788-5957 and permanently delete the original, any copy of any e-mail, and any printout thereof. 2