Preview
Edward McCutchan (SBN 119376)
SUNDERLAND i
McCUTCHAN, LLP
1083 Vine Street, Suite 907
Healdsburg, California 95448
Telephone: (707) 433-0377
Facsimile: (707) 433-0379
5
Attorneys for Defendants
JACINDA DUVAL SUED AS DOE 7
BILL HING SUED AS DOE 8
LENORA VERNE FUNG SUED AS DOE 9
5
JUSTIN POENG SUED AS DOE 11
MATTHEW ZDANEK SUED AS DUE 16
9
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SONOMA
12
RICHARD ABEL, an individual, ) CASE NO. SCV-263456
13
)
14 Plaintiff, DKCLARATION or KDwARD
McCUTCHAN IN OPPOSITION To
15
RICHARD ABKL'S MOTION To DKKM
vs FACTS ADMITTED, To COMPEL
RKSPONSKS, AND FOR MONKiTARY
B. EDWARD McCUTCHAN, JR. an SANCTIONS AGAINST JACINDA
individual; SUNDERLAND McCUTCHAN, ) DUVAL
~
)
LLP, a general partnership; and DOES 1
Date: December 5, 2022
through 100, inclusive, ) (Formerly Set for October 31, 2022)
19
) Time: 1:30 p.m.
Defendants. ) Dept.: 10
20
) Trial: January 13, 2023
)
21
Assigned For All Purposes to the
Honorable Christopher Honigsberg
22 I, Edward McCutchan declare as follows:
23
1. Iam an attorney duly licensed to practice before all courts of the state of California,
24
am a partner with the Law Offices of Sunderland ~
McCutchan, LLP, and represent defendant
25
Jacinda Duval sued as Doe 7 in this action by in propria persona plaintiff Richard Abel. If called
27 as a witness, I am competent to testify to the following facts.
28
2. On or about May 9, 2022, my office received Richard Abel's first set of form
DECLARATION OF EDWARD McCUTCHAII IN OPPOSITION TO RICHARD ABEL'S MOTION TO DEEM FACTS ADMIT]ED, To
COMPEL RESPONSES, AND FOR MONETA/Y SANCTIONS AGAINST JACINDA DUVAL
1
interrogatories and first set of admissions served on Jacinda Duval dated May 4, 2022, and
2
allegedly, served by Henry Crigler on May 5, 2022.
3
3. Jacinda Duval was represented by Sunderland McCutchan, LLP in the Liebline v.
~
Goodrich, Sonoma County Superior CODIT Case No. SCV-245738 where Richard Abel was the
6 liaison between the plaintiff clients and Sunderland ~
McCutchan, LLP in that action for years.
4. Jacinda Duval has filed a motion to dismiss this action against her under the three (3)
8
year statute CCP section 583.210 et seq. on March 17, 2022. The initial hearing date of the
9
motion to dismiss was June 8, 2022 and it is now set for hearing on December 5, 2022 before
10
this court.
12 5. My office calendared Jacinda Duval's response date to Richard Abel's May 5, 2022
13
mailed discovery to be June 9, 2022, a day after the initial hearing date of her June 8, 2022
14
motion to dismiss Richard Abel's first amended complaint against her.
15
6. On or about June 18, 2022, I received Richard Abel's motion to compel answers to
16
form interrogatories set one from Jacinda Duval, to deem admissions set one admitted, and for
monetary sanctions. The proof of service was dated June 13, 2022 with "Heniy Crigler" listed
19
but with no signature of the person who allegedly mailed the motion.
20
7. Prior to receiving Richard Abel's motion to compel answers to form interrogatories
21
set one from Jacinda Duval, to deem admissions set one admitted and for monetary sanctions,
23 Richard Abel never contacted me as to their whereabouts which is customarily done by licensed
California attorneys as a courtesy to both the other counsel or party and to help alleviate possible
25
needless work within the court system.
26
8. Plaintiff, Richard Abel, in propria persona, has refused to accept service of any
27
pleading or discoveiy in Sonoma County Superior Court Case No. SCV-263456 by electronic
DECLARIATION OF EDWARD McCUTCHAN IN OPPOSITION TO RICHARD ABEL'S MOTION To DEEM FACTS ADMITTED, TO
COMPEL RESPONSES, AND FOR MONETARY SANCTIONS AGAINST IACINDA DDIFAL
2
mail, necessitating the mailing of all pleadings and discovery to him by United States mail by
2
Sunderland ~
McCutchan, LLP.
3
9. On or about June 18, 2022, I received Richard Abel's October 31, 2022 motion to
compel discovery set one against Jacinda Duval and for monetaiy sanctions.
6 10. When I received this motion on or about June 18, 2022, I realized that my office had
inadvertently failed to respond to Richard Abel's first set of admissions and first set of form
8
interrogatories. Had Richard Abel contacted my office as to this discoveiy's whereabouts before
9
filing this motion now set for December 5, 2022, I would have promptly gotten Jacinda Duval's
10
answers to this discovery finalized and sent to all parties in this action. My experience with
Richard Abel throughout this litigation is that he is consistently umeasonable with his demands
13
and enjoys filing discovery motions against the defendants herein. If Jacinda Duval's motion to
14
dismiss Richard Abel's first amended complaint against her in this action was heard and granted
15
on June 8, 2022, Richard Abel's discovery requests on her would have been moot.
16
17 11. Had Richard Abel contacted my office as to this discoveiy's whereabouts before
filing this motion now set for December 5, 2022, I would have promptly obtained Jacinda
19
Duval's answers to this discovery finalized and sent to all parties in this action.
20
12. On September 19, 2022, I personally mailed Jacinda Duval's responses to Richard
21
Abel's first set of admissions to her and her answers to Richard Abel's first set of form
23 interrogatories. The responses were placed in a sealed envelope postage prepaid addressed to
Richard Abel at his post office box he uses in this action since Richard Abel refuses to accept
25
service on him of pleadings and discovery via email and deposited by myself in a United States
26
Postal Box. True and correct copies of Jacinda Duval's responses to Richard Abel's first set of
27
admissions and her answers to Richard Abel's first set of form interrogatories on her are attached
DECLARATION OF EDWARD McCUTCI IAN IN OPPOSITION TO RICHARD ABEL'S MOTION To DFEM FACTS ADMITTED,$0
COMPEL RESPONSFS, AND FOR MONETARY SANCTIONS AGAINST JACINDA DUVAL I
3
hereto as Exhibits "1" and "2."
2
13. On September 19, 2022, I personally emailed attorney Alex Promm's office and
3
Nansi Weil, a Doe defendant representing herself in this action, Jacinda Duval's responses to
Richard Abel's first set of admissions to her and her answers to Richard Abel's first set of form
6 interrogatories.
I declare under the penalty of perjury under the laws of the State of California that the
8
above is true and correct to the best of my knowledge and belief.
9
10
Date: October I 0,
f
2022 SUNDERLAND i
McCUTCHAN, LLP
12
Edward McCutchan I
)
13
Attorneys for Defendan~
Jacinda Duval AS DOE 7
15
16
17
18
19
20
21
22
23
25
27
28
DECLARATION OF EDWARD McCUTCHAN IN OPPOSITION TO RICHARD ABEL'S MOTION TO DEEM FACTS ADMITTED, TO
COMPEL REEONSES, AND FOR MONETARY SANCTIONS AOAINST JACINDA DUVAL
CC
Edward McCutchan (SBN 119376)
SUNDKRLANDiMcCUTCHAN,LLP
1083 Vine Street, Suite 907
Healdsburg, California 9S448
Telephone; (707) 433-0377
Facsimile; (707) 433-0379
5
Attorneys for Defendant
JACINDA DUVAL SUED AS DOE 7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
FOR THE COUNTY OF SONOMA
g
RICHARD ABEL, an individual, ) CASE NO. SCV-263456
10
Plaintiff, DKFKNDANT JACINDA DUVAL'S
RKSPONSKS TO PLAINTIFF RICHARD
12
ABEL'S REQUEST FOR ADMISSIONS,
vs. SKT ONK
B. EDWARD McCUTCHAN, JR. an
14 individual; SUNDERLAND [
McCUTCHAN,
LLP, a general partnership; and DOES 1
through 100, inclusive,
16
Defendants.
PROPOUNDING
PARTY'0 Plaintiff, RICHARD ABEL
RESPONDING PARTY; Defendant, Jacinda Duval
SET NUMBER: ONE (1)
22
23 Defendant is engaged in continuing discovery in this case, Therefore, all the answers
24
contained herein are based upon such information and documents as are presently available and
25
known to defendant and disclose only those contentions which presently occur to her. There are
26
p o t en t i a 1 w i t n e s s e s w ho h a v e no t b e e n d ep o s e d, d o c u m en t s wh i ch h ave no t b e e n re v i e we d o r
28 obtained, analysis which has not been completed, and other discovery and investigation which
DEFENDANT JACINDA DUVAL'S RESPONSES TO PLAINTIFP RICI IARD ABBL'S REQUEST FOR ADMISSIONS, SFT ONE
1
has not been finished. Discoveiy and investigation have only begun and are contimiing,
2
Defendant therefore provides the following responses to plaintiff's Requests for Admissions, Set
3
One, without prejudice to present at trial further documentary or oral evidence or analysis not yet
obtained or completed and that future discoveiy in this matter could possibly change the
6 responses herein,
Defendant reserves her right to supplement any answers herein.
8
RKOUKST AND RKSPONSK
9
RKOUKST FOR ADMISSION NO. 1: Please admit that Sunderland ~
McCutchan, LLP is a
10
fly-by-night law firm that operates out of a mailbox at the UPS Store in Healdsburg,
11
12 Resnonse: Deny.
RKOVKST FOR ADMISSION NO. 2: Please admit that Edward McCutchan never told YOU
that Sunderland (
McCutchan, LLP was invohintarily terminated by the State Bar of California.
15
Resnonse: Admit.
16
RKOUKST FOR ADMISSION NO. 3: Please admit that YOU fully understood everything
17
that Edward McCutchan did in Sonoma County Superior Court action, case nuniber SCV-
245738 entitled Liebli ng v. Goodrich (herein referred to as the "Liebling Action").
20
Resnonse: Deny. I am not a lawyen
21
RKOVKST FOR ADMISSION NO, 4; Please admit that YOU knew that the Second I'-Unended
22
3
Judgment for the Liebling Action entered on August 4, 202 I, contains awards to deceased
24 persons.
25 Resnonse: Admit. Dolores Abel is named as a judgment creditor.
26
27 RLPOUKST FOR ADMISSION NO, S: Please admit that Edward McCutchan did not recover
any of YOUR money in the Liebling Action.
DEPENDANT JACIN DA DUVAL'S RESPONSES TO PL IPP
AINT RICHARD A EEL'S REQUEST POR ADMISSIONS, SET ONE
2
Resnonse: Deny,
2
REJOUE&ST FOR ADMISSION NO. 6: Please admit that YOU still believe that YOU will
3
collect money from Robert Zuckerman on the judgment against Robeit Zuckerman in the
Liebling Action.
6 Resnonse: I cannot admit or deny as written so I deny.
RROUKST FOR ADMISSION NO. 7; Please admit that Sunderland [
McCutchan owes YOU
a refund.
9
Resnonse: Deny,
10
REOUEJST FOR ADMISSION NO. 8: Please admit that Edward McCutchan did not inform
12 YOU that YOU have no obligation to pay Sunderland ~
McCutchan anything unless there is a
13
monetaiy recovery,
1S
Resnonse: Deny.
15
REJOUEJST Ii'OR ADMISSION NO. 9: Please admit that Robert Zuckerman offered $ 150,000
16
to settle the Liebling Action before the first trial occurred in 2014,
18 Resnonse: Deny,
19
RXJOUKST liOR ADMISSION NO, 10: Please admit that YOU are disputing that Richard
20
Abel obtained assignments from other plaintiffs in the Liebling Action,
21
Resnonse: Admit to the extent that Richard Abel has not demonstrated that he has valid
23 assignments from former plaintiffs in the Liebling action obtained before these plaintiffs were
dismissed as they requested.
25
REJOVRi.ST FOR ADMISSION NO. 11: Please admit that YOU still hold a judgment lien on
26
Robert Zuckerman's house.
27
Resnonse: Deny.
DEPENDANT JACINDA DUVAL'S RESPONSES TO PLAINTIPP RICHARD ABEL'S REQUEST I OR ADMISSIONS, SET ONB
3
RKOUKST FOR ADMISSION NO. 12. Please admit that YOU did not pay any of Sunderland
2
[
McCutchan, LLP's invoices for the Liebling Action,
3
Resnonse: Deny.
4
RKOUKST FOR ADMISSION NO. 13: Please admit that YOU and other plaintiffs in the
6 Liebling Action did not agree to divide the awards in any judgment for the Liebling Action in
equal amounts.
8
Resnonse: Admit. Each plaintiff had their own investment and losses which varied on
9
the amount invested and whether they were elders or not,
10
RKOUKST FOR ADMISSION NO. 14: Please admit that Edward McCutchan committed
12 nialpractice in the Liebling Action.
13
Resnonse: Deny.
14
RKOUKST FOR ADMISSION NO. 15: Please admit that YOV agree that Edward McCutchan
15
should be removed from the Liebling Action.
16
Resnonse: Deny,
RKOUKST FOR ADMISSION NO. 16: Please admit that YOU don't know why there are five
I9
(5) different judgments in the Liebling Action.
20
Resnonse: Deny.
21
RKOUKST FOR ADMISSION NO. 17: Please admit that YOU mithorlzed eveiything that
23 Edward McCutchan did in the Liebling Action,
Resnonse: I am unable to admit or deny this request as drafted, and as such, I deny this
25
request.
26
RKOUKST FOR ADMISSION NO. 18: Please admit that YOU dropped out of the Liebling
27
28 Actloll.
Resnonse: Deny, /
/
DEFFNDANT JACINDA DUVAL'S RESPONSES TO I'LAINTIFF RICHARD ABEL'S REDDEST FOR ADMISSIONS, SET ONE
4
RKOUKST FOR ADMISSION NO. 19; Please admit that the Cooperation and Sharing
2
Agreement that YOU signed in 2009 for the Liebling Action provided that any award would be
3
divided based on each plaintiff's pro-rata share of their, percentage invested in the Malibu loans.
4
Resnonse: Deny. Each plaintiffhad their own investment and losses which varied on
6 the amount invested and whether they were elders or not,
RKOUKST FOR ADMISSION NO. 20: Please admit that Edward McCutchan represented to
8
you that he performed an asset search on Robert Zuckerman before the first trial occuned in the
Liebling Action in 2014.
10
Resnonse: I cannot admit or deny as written so I deny.
RKOUKST FOR ADMISSION NO, 21: Please admit that no plaintiff was dismissed with
13
prejudice fiom the Liebling Action,
14
Resnonse: Admit
15
16
RKOUKST FOR ADMISSION NO. 22: Please admit that YOU did not receive fiom
I7 Sunderland [
McCutchan any pai't of the $ 8,3 1 5 that Robert Zuckerman paid Sunderland (
McCutchan in 2018 for the sanctions awarded to YOU.
19
Resnonse: Deny.
20
RKOUKST FOR ADMISSION NO. 23: Please admit that YOUR award in the Second
21
Amended Judgment entered on August 4, 2021 in the Liebling Action is more that YOU are
23 entitled to, pui'suant to the Cooperation rnid Sharing Agreement YOU signed in 2009.
Resnonse: Deny.
25
RKOUKST FOR ADMISSION NO. 24: Please admit that Edward McCutchan advised YOU
26
that Richard Abel had obtained assignment from the other plaintiffs in the Liebling Action,
27
28 Resnonse: Admit and that Richard Abel's claimed assignments were veiy suspicious.
DEI'BNDANT IACINDA DUVAL'S RESPONSES TO PLAINTIPP IUCI IARD ABEL'5 REQUEST POR ADMISSIONS, SET ONB
5
REOUKST FOR ADMISSION NO. 25: Please admit that YOU and the other plaintiffs in the
2
Liebling Action were billed on a pro-rata basis in the Liebling Action.
3
Resnonse: Admit.
REOUKST FOR ADMISSION NO. 26: Please admit that before the first trial in the Liebling
6 Action, Edward McCutchan represented to YOU that Robert Zuckerman had sufficient assets to
satisfy the judgment.
6
Resnonse: Deny.
9
REOUKST FOR ADMISSION NO. 27: Please admit that YOU agree that a reasonable fee for
10
Sunderland ~
McCutchan in the Liebling Action is fifteen percent (15%) of any monetaiy
recoveiy,
13
Resuonse: Deny.
14
RKOUKST FOR ADMISSION NO. 28: Please admit that the award to Dale Davis in the
15
Second Amended Judgment entered on August 4, 2021 exceeds Dale Davis'ro-rata share, as
16
17 specified in the Cooperation and Sharing Agreement YOU signed in 2009.
Resnonse: Deny.
19
RE&OUKST FOR ADMISSION NO. 29; Please admit that YOU agree that Edward McCutchan
20
is a dishonest shyster,
21
Resnonse: Deny.
RKOUKST FOR ADMISSION NO. 30: Please admit that Robert Zuclcerman has assets to
collect on,
25
Resnonse: I cannot admit or deny this request as written and deny it as a result.
26
REOUKST I&'OR ADMISSION NO, 31: Please admit that Edward McCutchan did not tell
27
YOU that his fee agreement for the Liebling Action was ruled void by the Coin't.
DEPENDANT JACINDA DUVAL'S RESPONSES TO PLAINT&PE RICI.IARD ABEL'S REQUEST POll ADMISSIONS, SET ONE
6
Resnonse: Deny, The order is not a final order and the court specifically held quantum
2
meniit applies. Furthermore, the Sonoma County Superior. Court approved Sunderland ~
3
McCutchan, LLP's attorney's fees in the Liebling action in orders and judgments.
4
RKOUKST FOR ADMISSION NO. 32: Please admit that YOU will file a cmss-complaint in
this action to recover a refund for the amounts YOU overpaid Sunderland [
McCutchan for the
Liebling Action.
Resnonse: Deny.
Date: September, 2022 SUNDE LP
11
12
Edward McC tchan
13
Attorneys r Defendant
JACIND DUVAL AS DOE 4
15
16
17
18
19
20
21
22
23
25
26
28
DEFENDANT IACINDA DUYAL'S RESPONSES To PLAINTIFF RICHARD ABBL'S IiEQUEST FOR ADMISSIONS, SET ONE
7
~BI.v. McCUTCHAN, BETTAL
Sonoma County Superior Court Case No, SCV-263466
VIIIUFICATION
I, Iacinda Duval, am one of the defendants iu the abovereferenced matter. I have read
7
the foxegoiug Responses to Plaintiff Richard Abel's Request for Admissions, Set One, and.
declare uuderpenalty ofpet3uty under the Jaws of the State of California thatrny responses are
ixua and correct to the best of lny hnowled'ge 2nd belief.
9
7 2022
DUVAL SIIBD A.S DOIJ 7
12
13
14
15
17
19
22
23
26
27
28
VERWlCMloW
1 PROOF OF» SERVICE
2
STATE OI'ALIFORNIA, COUNTY OF SONOMA
3
I am employed in the County of Sonoma, State of California, I atn over the age of 18 and
4
not a patty to the within action; my present address is, 1083 Vine Street, Suite 907, Healdsburg,
5
California 95448,
6
On September ( 2022, I setved the foregoing documents described as DEFENDANT
7
JACINDA DUVAL'S RESPONSES TO PLAINTH F RICHARD ABEL'S REQUEST FOB
8
ADMISSIONS& SKT ONE, on the patties by placing a true copy thereof enclosed in a sealed
9
envelope addmssed as follows:
10
SEK ATTACHED SERVICE LIST
12
~By Regular U.S, Mail, The documents were placed for collection and mailing following
ordinary business practice for deposit in the United States Postal Service in a sealed envelope with
15 postage thereon fully prepaid, addressed as stated above,
16 By personal service. I caused each such envelope to be delivered by hand to thr
I7 addressee(s) as stated above.
1s By facsimile transmitted fiom (707) 433-0379. The document transmission was reported a»
complete and without error.
2o + By email or electronic transmission, I caused the document to be sent to the persons at the
email addresses listed below. I did not receive within a reasonable time atter the transmission any
22 electronic message or other indication that the transmission was unsuccessful,
23
I declare under penalty of perjury under the laws of the State of California that the foregoing
24
is tme and correct and that this declaration was executed on September .,2022, at Healdsburg,
25
California.
26
28
DEFENDANT JACINDA DUVAL'S RESPONSES To PLAINTIFF RICHARD AEEI.'S REQUEST POR ADMISSIONS, SET ONE
0
Abel v. McCutchan. et al.
Sonoma County Superior Court Case No, SCV-263456
3
Plaintiff in Pro Per: Richard Abel
Richard Abel USPS FIRST CLASS MAIL - ONLY
707 Hahman Drive, ¹9301
6 Santa Rosa, CA 95405-9301
Tel: (707) 340-3894
E-Maih Dererel atnait.cotn
9
Defendant in Pro Per: Nansi Welt
10
Nansi Weil ELECTRONIC SERVICE - ONLY
5445 Bader Road
Santa Rosa, CA 95409
13 E-Mail:nansiweilScomcast.net
Attorneys for Defendants', Sunderland I
McCutchan, Inc„Sunderland l McCutchan, LLP,
B. Edward McCutchan, Jr.
16
Joseph S, Picchi, Esq, ELECTRONIC SERVICE - ONLY
Aaron T. Schultz, Esq.
Galloway, Lucchese, Everson & Picchi
A Professional Corporation
2300 Contra Costa Blvd., Suite 350
13 Pleasant Hill, CA 94523-2398
zo Tel; (925) 930-9090
Fax: (925) 930-9035
21 E-Mail:aschuttzCrhetattvs,corn
22
23
25
26
27
2S
DFPENDANT IACINDA DUVAL'S RESPONSES TO PLAINTIFF RICHARD ABEL'S REQUEST POR ADMISSIONS, SET ONE
9
CC
Edward McCutchan (SBN 119376)
SUNDKRLAND McCUTCHAN, LLP
i
1083 Vine Street, Suite 907
3 Healdsburg, California 95448
Telephone; (707) 433-0377
4
Facsimile; (707) 433-0379
5
Attorneys for Defendant
6 JACINDA DUVAL SUED AS DOE 7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
0
FOR THE COUNTY OF SONOMA
9
RICHARD ABEL, an individual, CASE NO, SCV-263456
10
Plaintiff,
DKiFiKiNDANT JACINDA DUVAL'S
ANSWERS TO PLAINTIFF RICHARD
12 vs. ABKIL'S FIORM INTKRROGATORIKS)
SKT ONK
B, EDWARD McCUTCHAN, JR. an
individual; SUNDERLAND I
McCUTCHAN,
LLP, a general partnership; and DOES I
through 100, inclusive,
16
Defendants.
17
PROPOUNDING PARTY; Plaintiff, Richard Abel
19
RESPONDING PARTY: Defendant, Jacinda Duval
20
SET NUMBER: ONE (I)
21
22 Defendant is engaged in continuing discovery in this case, Therefore, all the answers
contained herein are based upon such information and documents as are presently available and
24
known to defendant and disclose only those contentions which presently occur to her, There are
25
potential witnesses who have not been deposed, documents which have not been reviewed or
26
obtained, analysis which has not been completed, and other discovery and investigation which
27
20 has not been finished. Discovery and investigation are continuing. Defendant therefore provides
DEI'ENDANT IACINDA DUVAL'S ANSIVERS TO PLAINTIFF RICHARD AEEL'S FORM INTERROOATORIES, SET NUMBER ONE
1
the following responses to plaintiff's Form Interrogatories, Set Number One without prejudice to
2
present at trial further documentaty or oral evidence or analysis not yet obtained or completed.
3
Defendant reserves her right to supplement any answers herein,
INTEiRROGATORY REOUEST AND RKiSPONSEi
1,0 IDENTITY OI'ERSONS ANSWERING THESE INTERROGATORIES
Interroaatorv 1,1: State the name, ADDRESS, telephone number, and relationship to you of
each PERSON who prepared or assisted in the preparation of the
responses to these interrogatories. (Do not identify anyone Jvho sttnply
typed or reproduced the responses)
10 Resnonse: Edward McCutchan, Sunderland [
McCutchan, LLP, 1803 Vine Street, ¹
907, Healdsburg, CA 95448. Telephone: (707) 433-0377,
12
2.0 GKiNERAL BACKGROUND INFORMATION — INDIVIDUAL
13
Interroaatorv 2,1I State:
1A
a. your name;
15 b. every name you have used in the past; and
c, the dates you used each name.
Resnonse: a. Jacinda Duval;
b. Jacinda
Duval,'.
1S 1961 to present,
Interroaatorv 2.2: State the date and place of your birth.
20
Resuonse: Januaty 4, 1961, St, Paul, Minnesota,
21
Interroaaton 2,3: At the time of the INCIDENT, did you have a driver's license'l If so state:
22 a, the state or other issuing entity;
23
b, the license number and type;
c. the date of issuance; and
d, all restrictions.
Resnonse: a. California;
26 b, N9805351 C;
c, October 31, 2018;
27 d. None,
DEFENDANT JACINDA DUVAL'S ANSIVERS TO PLAINTIFF RICHARD ABEL'S FORM INTBRROOATOILIES, SET NUMBER ONB
2
Interronatotv 2.4: At the time of the INCIDENT, did you have any other perniit or license
2
for the operation or a motor vehicle7 If so, state;
3
a, the state or other issuing entity;
b. the license number and type;
c, the date of issuance; and
d. Ell restrictions.
Resnonse: a, N/A;
b, N/A;
c,N/A,',
N/A,
9
Interroaatorv 2.5: State,
10
a. your present residence ADDRKSS;
b. your residence ADDRKSSKS for the past five years; and
c. the dates you lived at each ADDRESS.
12
Resnonse: a. 1125 Cornell Drive, Santa Rosa, CA 95405'1
13
b. N/A;
c. 2005 to present.
Interroaatorv 2.6: State:
a. the name, ADDRESS, and telephone number of your present
16
employer or place of self-employment; and
17 b. the name, ADDRESS, dates of employment, job title, and nature of
work for each employer or self-employment you have had from five
1S years before the INCIDENT until today.
19
Resnonse: a. Bellevue Union School District, 3150 Education Drive, Santa Rosa,
Preview
Edward McCutchan (SBN 119376) SUNDERLAND i McCUTCHAN, LLP 1083 Vine Street, Suite 907 Healdsburg, California 95448 Telephone: (707) 433-0377 Facsimile: (707) 433-0379 5 Attorneys for Defendants JACINDA DUVAL SUED AS DOE 7 BILL HING SUED AS DOE 8 LENORA VERNE FUNG SUED AS DOE 9 5 JUSTIN POENG SUED AS DOE 11 MATTHEW ZDANEK SUED AS DUE 16 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SONOMA 12 RICHARD ABEL, an individual, ) CASE NO. SCV-263456 13 ) 14 Plaintiff, DKCLARATION or KDwARD McCUTCHAN IN OPPOSITION To 15 RICHARD ABKL'S MOTION To DKKM vs FACTS ADMITTED, To COMPEL RKSPONSKS, AND FOR MONKiTARY B. EDWARD McCUTCHAN, JR. an SANCTIONS AGAINST JACINDA individual; SUNDERLAND McCUTCHAN, ) DUVAL ~ ) LLP, a general partnership; and DOES 1 Date: December 5, 2022 through 100, inclusive, ) (Formerly Set for October 31, 2022) 19 ) Time: 1:30 p.m. Defendants. ) Dept.: 10 20 ) Trial: January 13, 2023 ) 21 Assigned For All Purposes to the Honorable Christopher Honigsberg 22 I, Edward McCutchan declare as follows: 23 1. Iam an attorney duly licensed to practice before all courts of the state of California, 24 am a partner with the Law Offices of Sunderland ~ McCutchan, LLP, and represent defendant 25 Jacinda Duval sued as Doe 7 in this action by in propria persona plaintiff Richard Abel. If called 27 as a witness, I am competent to testify to the following facts. 28 2. On or about May 9, 2022, my office received Richard Abel's first set of form DECLARATION OF EDWARD McCUTCHAII IN OPPOSITION TO RICHARD ABEL'S MOTION TO DEEM FACTS ADMIT]ED, To COMPEL RESPONSES, AND FOR MONETA/Y SANCTIONS AGAINST JACINDA DUVAL 1 interrogatories and first set of admissions served on Jacinda Duval dated May 4, 2022, and 2 allegedly, served by Henry Crigler on May 5, 2022. 3 3. Jacinda Duval was represented by Sunderland McCutchan, LLP in the Liebline v. ~ Goodrich, Sonoma County Superior CODIT Case No. SCV-245738 where Richard Abel was the 6 liaison between the plaintiff clients and Sunderland ~ McCutchan, LLP in that action for years. 4. Jacinda Duval has filed a motion to dismiss this action against her under the three (3) 8 year statute CCP section 583.210 et seq. on March 17, 2022. The initial hearing date of the 9 motion to dismiss was June 8, 2022 and it is now set for hearing on December 5, 2022 before 10 this court. 12 5. My office calendared Jacinda Duval's response date to Richard Abel's May 5, 2022 13 mailed discovery to be June 9, 2022, a day after the initial hearing date of her June 8, 2022 14 motion to dismiss Richard Abel's first amended complaint against her. 15 6. On or about June 18, 2022, I received Richard Abel's motion to compel answers to 16 form interrogatories set one from Jacinda Duval, to deem admissions set one admitted, and for monetary sanctions. The proof of service was dated June 13, 2022 with "Heniy Crigler" listed 19 but with no signature of the person who allegedly mailed the motion. 20 7. Prior to receiving Richard Abel's motion to compel answers to form interrogatories 21 set one from Jacinda Duval, to deem admissions set one admitted and for monetary sanctions, 23 Richard Abel never contacted me as to their whereabouts which is customarily done by licensed California attorneys as a courtesy to both the other counsel or party and to help alleviate possible 25 needless work within the court system. 26 8. Plaintiff, Richard Abel, in propria persona, has refused to accept service of any 27 pleading or discoveiy in Sonoma County Superior Court Case No. SCV-263456 by electronic DECLARIATION OF EDWARD McCUTCHAN IN OPPOSITION TO RICHARD ABEL'S MOTION To DEEM FACTS ADMITTED, TO COMPEL RESPONSES, AND FOR MONETARY SANCTIONS AGAINST IACINDA DDIFAL 2 mail, necessitating the mailing of all pleadings and discovery to him by United States mail by 2 Sunderland ~ McCutchan, LLP. 3 9. On or about June 18, 2022, I received Richard Abel's October 31, 2022 motion to compel discovery set one against Jacinda Duval and for monetaiy sanctions. 6 10. When I received this motion on or about June 18, 2022, I realized that my office had inadvertently failed to respond to Richard Abel's first set of admissions and first set of form 8 interrogatories. Had Richard Abel contacted my office as to this discoveiy's whereabouts before 9 filing this motion now set for December 5, 2022, I would have promptly gotten Jacinda Duval's 10 answers to this discovery finalized and sent to all parties in this action. My experience with Richard Abel throughout this litigation is that he is consistently umeasonable with his demands 13 and enjoys filing discovery motions against the defendants herein. If Jacinda Duval's motion to 14 dismiss Richard Abel's first amended complaint against her in this action was heard and granted 15 on June 8, 2022, Richard Abel's discovery requests on her would have been moot. 16 17 11. Had Richard Abel contacted my office as to this discoveiy's whereabouts before filing this motion now set for December 5, 2022, I would have promptly obtained Jacinda 19 Duval's answers to this discovery finalized and sent to all parties in this action. 20 12. On September 19, 2022, I personally mailed Jacinda Duval's responses to Richard 21 Abel's first set of admissions to her and her answers to Richard Abel's first set of form 23 interrogatories. The responses were placed in a sealed envelope postage prepaid addressed to Richard Abel at his post office box he uses in this action since Richard Abel refuses to accept 25 service on him of pleadings and discovery via email and deposited by myself in a United States 26 Postal Box. True and correct copies of Jacinda Duval's responses to Richard Abel's first set of 27 admissions and her answers to Richard Abel's first set of form interrogatories on her are attached DECLARATION OF EDWARD McCUTCI IAN IN OPPOSITION TO RICHARD ABEL'S MOTION To DFEM FACTS ADMITTED,$0 COMPEL RESPONSFS, AND FOR MONETARY SANCTIONS AGAINST JACINDA DUVAL I 3 hereto as Exhibits "1" and "2." 2 13. On September 19, 2022, I personally emailed attorney Alex Promm's office and 3 Nansi Weil, a Doe defendant representing herself in this action, Jacinda Duval's responses to Richard Abel's first set of admissions to her and her answers to Richard Abel's first set of form 6 interrogatories. I declare under the penalty of perjury under the laws of the State of California that the 8 above is true and correct to the best of my knowledge and belief. 9 10 Date: October I 0, f 2022 SUNDERLAND i McCUTCHAN, LLP 12 Edward McCutchan I ) 13 Attorneys for Defendan~ Jacinda Duval AS DOE 7 15 16 17 18 19 20 21 22 23 25 27 28 DECLARATION OF EDWARD McCUTCHAN IN OPPOSITION TO RICHARD ABEL'S MOTION TO DEEM FACTS ADMITTED, TO COMPEL REEONSES, AND FOR MONETARY SANCTIONS AOAINST JACINDA DUVAL CC Edward McCutchan (SBN 119376) SUNDKRLANDiMcCUTCHAN,LLP 1083 Vine Street, Suite 907 Healdsburg, California 9S448 Telephone; (707) 433-0377 Facsimile; (707) 433-0379 5 Attorneys for Defendant JACINDA DUVAL SUED AS DOE 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 FOR THE COUNTY OF SONOMA g RICHARD ABEL, an individual, ) CASE NO. SCV-263456 10 Plaintiff, DKFKNDANT JACINDA DUVAL'S RKSPONSKS TO PLAINTIFF RICHARD 12 ABEL'S REQUEST FOR ADMISSIONS, vs. SKT ONK B. EDWARD McCUTCHAN, JR. an 14 individual; SUNDERLAND [ McCUTCHAN, LLP, a general partnership; and DOES 1 through 100, inclusive, 16 Defendants. PROPOUNDING PARTY'0 Plaintiff, RICHARD ABEL RESPONDING PARTY; Defendant, Jacinda Duval SET NUMBER: ONE (1) 22 23 Defendant is engaged in continuing discovery in this case, Therefore, all the answers 24 contained herein are based upon such information and documents as are presently available and 25 known to defendant and disclose only those contentions which presently occur to her. There are 26 p o t en t i a 1 w i t n e s s e s w ho h a v e no t b e e n d ep o s e d, d o c u m en t s wh i ch h ave no t b e e n re v i e we d o r 28 obtained, analysis which has not been completed, and other discovery and investigation which DEFENDANT JACINDA DUVAL'S RESPONSES TO PLAINTIFP RICI IARD ABBL'S REQUEST FOR ADMISSIONS, SFT ONE 1 has not been finished. Discoveiy and investigation have only begun and are contimiing, 2 Defendant therefore provides the following responses to plaintiff's Requests for Admissions, Set 3 One, without prejudice to present at trial further documentary or oral evidence or analysis not yet obtained or completed and that future discoveiy in this matter could possibly change the 6 responses herein, Defendant reserves her right to supplement any answers herein. 8 RKOUKST AND RKSPONSK 9 RKOUKST FOR ADMISSION NO. 1: Please admit that Sunderland ~ McCutchan, LLP is a 10 fly-by-night law firm that operates out of a mailbox at the UPS Store in Healdsburg, 11 12 Resnonse: Deny. RKOVKST FOR ADMISSION NO. 2: Please admit that Edward McCutchan never told YOU that Sunderland ( McCutchan, LLP was invohintarily terminated by the State Bar of California. 15 Resnonse: Admit. 16 RKOUKST FOR ADMISSION NO. 3: Please admit that YOU fully understood everything 17 that Edward McCutchan did in Sonoma County Superior Court action, case nuniber SCV- 245738 entitled Liebli ng v. Goodrich (herein referred to as the "Liebling Action"). 20 Resnonse: Deny. I am not a lawyen 21 RKOVKST FOR ADMISSION NO, 4; Please admit that YOU knew that the Second I'-Unended 22 3 Judgment for the Liebling Action entered on August 4, 202 I, contains awards to deceased 24 persons. 25 Resnonse: Admit. Dolores Abel is named as a judgment creditor. 26 27 RLPOUKST FOR ADMISSION NO, S: Please admit that Edward McCutchan did not recover any of YOUR money in the Liebling Action. DEPENDANT JACIN DA DUVAL'S RESPONSES TO PL IPP AINT RICHARD A EEL'S REQUEST POR ADMISSIONS, SET ONE 2 Resnonse: Deny, 2 REJOUE&ST FOR ADMISSION NO. 6: Please admit that YOU still believe that YOU will 3 collect money from Robert Zuckerman on the judgment against Robeit Zuckerman in the Liebling Action. 6 Resnonse: I cannot admit or deny as written so I deny. RROUKST FOR ADMISSION NO. 7; Please admit that Sunderland [ McCutchan owes YOU a refund. 9 Resnonse: Deny, 10 REOUEJST FOR ADMISSION NO. 8: Please admit that Edward McCutchan did not inform 12 YOU that YOU have no obligation to pay Sunderland ~ McCutchan anything unless there is a 13 monetaiy recovery, 1S Resnonse: Deny. 15 REJOUEJST Ii'OR ADMISSION NO. 9: Please admit that Robert Zuckerman offered $ 150,000 16 to settle the Liebling Action before the first trial occurred in 2014, 18 Resnonse: Deny, 19 RXJOUKST liOR ADMISSION NO, 10: Please admit that YOU are disputing that Richard 20 Abel obtained assignments from other plaintiffs in the Liebling Action, 21 Resnonse: Admit to the extent that Richard Abel has not demonstrated that he has valid 23 assignments from former plaintiffs in the Liebling action obtained before these plaintiffs were dismissed as they requested. 25 REJOVRi.ST FOR ADMISSION NO. 11: Please admit that YOU still hold a judgment lien on 26 Robert Zuckerman's house. 27 Resnonse: Deny. DEPENDANT JACINDA DUVAL'S RESPONSES TO PLAINTIPP RICHARD ABEL'S REQUEST I OR ADMISSIONS, SET ONB 3 RKOUKST FOR ADMISSION NO. 12. Please admit that YOU did not pay any of Sunderland 2 [ McCutchan, LLP's invoices for the Liebling Action, 3 Resnonse: Deny. 4 RKOUKST FOR ADMISSION NO. 13: Please admit that YOU and other plaintiffs in the 6 Liebling Action did not agree to divide the awards in any judgment for the Liebling Action in equal amounts. 8 Resnonse: Admit. Each plaintiff had their own investment and losses which varied on 9 the amount invested and whether they were elders or not, 10 RKOUKST FOR ADMISSION NO. 14: Please admit that Edward McCutchan committed 12 nialpractice in the Liebling Action. 13 Resnonse: Deny. 14 RKOUKST FOR ADMISSION NO. 15: Please admit that YOV agree that Edward McCutchan 15 should be removed from the Liebling Action. 16 Resnonse: Deny, RKOUKST FOR ADMISSION NO. 16: Please admit that YOU don't know why there are five I9 (5) different judgments in the Liebling Action. 20 Resnonse: Deny. 21 RKOUKST FOR ADMISSION NO. 17: Please admit that YOU mithorlzed eveiything that 23 Edward McCutchan did in the Liebling Action, Resnonse: I am unable to admit or deny this request as drafted, and as such, I deny this 25 request. 26 RKOUKST FOR ADMISSION NO. 18: Please admit that YOU dropped out of the Liebling 27 28 Actloll. Resnonse: Deny, / / DEFFNDANT JACINDA DUVAL'S RESPONSES TO I'LAINTIFF RICHARD ABEL'S REDDEST FOR ADMISSIONS, SET ONE 4 RKOUKST FOR ADMISSION NO. 19; Please admit that the Cooperation and Sharing 2 Agreement that YOU signed in 2009 for the Liebling Action provided that any award would be 3 divided based on each plaintiff's pro-rata share of their, percentage invested in the Malibu loans. 4 Resnonse: Deny. Each plaintiffhad their own investment and losses which varied on 6 the amount invested and whether they were elders or not, RKOUKST FOR ADMISSION NO. 20: Please admit that Edward McCutchan represented to 8 you that he performed an asset search on Robert Zuckerman before the first trial occuned in the Liebling Action in 2014. 10 Resnonse: I cannot admit or deny as written so I deny. RKOUKST FOR ADMISSION NO, 21: Please admit that no plaintiff was dismissed with 13 prejudice fiom the Liebling Action, 14 Resnonse: Admit 15 16 RKOUKST FOR ADMISSION NO. 22: Please admit that YOU did not receive fiom I7 Sunderland [ McCutchan any pai't of the $ 8,3 1 5 that Robert Zuckerman paid Sunderland ( McCutchan in 2018 for the sanctions awarded to YOU. 19 Resnonse: Deny. 20 RKOUKST FOR ADMISSION NO. 23: Please admit that YOUR award in the Second 21 Amended Judgment entered on August 4, 2021 in the Liebling Action is more that YOU are 23 entitled to, pui'suant to the Cooperation rnid Sharing Agreement YOU signed in 2009. Resnonse: Deny. 25 RKOUKST FOR ADMISSION NO. 24: Please admit that Edward McCutchan advised YOU 26 that Richard Abel had obtained assignment from the other plaintiffs in the Liebling Action, 27 28 Resnonse: Admit and that Richard Abel's claimed assignments were veiy suspicious. DEI'BNDANT IACINDA DUVAL'S RESPONSES TO PLAINTIPP IUCI IARD ABEL'5 REQUEST POR ADMISSIONS, SET ONB 5 REOUKST FOR ADMISSION NO. 25: Please admit that YOU and the other plaintiffs in the 2 Liebling Action were billed on a pro-rata basis in the Liebling Action. 3 Resnonse: Admit. REOUKST FOR ADMISSION NO. 26: Please admit that before the first trial in the Liebling 6 Action, Edward McCutchan represented to YOU that Robert Zuckerman had sufficient assets to satisfy the judgment. 6 Resnonse: Deny. 9 REOUKST FOR ADMISSION NO. 27: Please admit that YOU agree that a reasonable fee for 10 Sunderland ~ McCutchan in the Liebling Action is fifteen percent (15%) of any monetaiy recoveiy, 13 Resuonse: Deny. 14 RKOUKST FOR ADMISSION NO. 28: Please admit that the award to Dale Davis in the 15 Second Amended Judgment entered on August 4, 2021 exceeds Dale Davis'ro-rata share, as 16 17 specified in the Cooperation and Sharing Agreement YOU signed in 2009. Resnonse: Deny. 19 RE&OUKST FOR ADMISSION NO. 29; Please admit that YOU agree that Edward McCutchan 20 is a dishonest shyster, 21 Resnonse: Deny. RKOUKST FOR ADMISSION NO. 30: Please admit that Robert Zuclcerman has assets to collect on, 25 Resnonse: I cannot admit or deny this request as written and deny it as a result. 26 REOUKST I&'OR ADMISSION NO, 31: Please admit that Edward McCutchan did not tell 27 YOU that his fee agreement for the Liebling Action was ruled void by the Coin't. DEPENDANT JACINDA DUVAL'S RESPONSES TO PLAINT&PE RICI.IARD ABEL'S REQUEST POll ADMISSIONS, SET ONE 6 Resnonse: Deny, The order is not a final order and the court specifically held quantum 2 meniit applies. Furthermore, the Sonoma County Superior. Court approved Sunderland ~ 3 McCutchan, LLP's attorney's fees in the Liebling action in orders and judgments. 4 RKOUKST FOR ADMISSION NO. 32: Please admit that YOU will file a cmss-complaint in this action to recover a refund for the amounts YOU overpaid Sunderland [ McCutchan for the Liebling Action. Resnonse: Deny. Date: September, 2022 SUNDE LP 11 12 Edward McC tchan 13 Attorneys r Defendant JACIND DUVAL AS DOE 4 15 16 17 18 19 20 21 22 23 25 26 28 DEFENDANT IACINDA DUYAL'S RESPONSES To PLAINTIFF RICHARD ABBL'S IiEQUEST FOR ADMISSIONS, SET ONE 7 ~BI.v. McCUTCHAN, BETTAL Sonoma County Superior Court Case No, SCV-263466 VIIIUFICATION I, Iacinda Duval, am one of the defendants iu the abovereferenced matter. I have read 7 the foxegoiug Responses to Plaintiff Richard Abel's Request for Admissions, Set One, and. declare uuderpenalty ofpet3uty under the Jaws of the State of California thatrny responses are ixua and correct to the best of lny hnowled'ge 2nd belief. 9 7 2022 DUVAL SIIBD A.S DOIJ 7 12 13 14 15 17 19 22 23 26 27 28 VERWlCMloW 1 PROOF OF» SERVICE 2 STATE OI'ALIFORNIA, COUNTY OF SONOMA 3 I am employed in the County of Sonoma, State of California, I atn over the age of 18 and 4 not a patty to the within action; my present address is, 1083 Vine Street, Suite 907, Healdsburg, 5 California 95448, 6 On September ( 2022, I setved the foregoing documents described as DEFENDANT 7 JACINDA DUVAL'S RESPONSES TO PLAINTH F RICHARD ABEL'S REQUEST FOB 8 ADMISSIONS& SKT ONE, on the patties by placing a true copy thereof enclosed in a sealed 9 envelope addmssed as follows: 10 SEK ATTACHED SERVICE LIST 12 ~By Regular U.S, Mail, The documents were placed for collection and mailing following ordinary business practice for deposit in the United States Postal Service in a sealed envelope with 15 postage thereon fully prepaid, addressed as stated above, 16 By personal service. I caused each such envelope to be delivered by hand to thr I7 addressee(s) as stated above. 1s By facsimile transmitted fiom (707) 433-0379. The document transmission was reported a» complete and without error. 2o + By email or electronic transmission, I caused the document to be sent to the persons at the email addresses listed below. I did not receive within a reasonable time atter the transmission any 22 electronic message or other indication that the transmission was unsuccessful, 23 I declare under penalty of perjury under the laws of the State of California that the foregoing 24 is tme and correct and that this declaration was executed on September .,2022, at Healdsburg, 25 California. 26 28 DEFENDANT JACINDA DUVAL'S RESPONSES To PLAINTIFF RICHARD AEEI.'S REQUEST POR ADMISSIONS, SET ONE 0 Abel v. McCutchan. et al. Sonoma County Superior Court Case No, SCV-263456 3 Plaintiff in Pro Per: Richard Abel Richard Abel USPS FIRST CLASS MAIL - ONLY 707 Hahman Drive, ¹9301 6 Santa Rosa, CA 95405-9301 Tel: (707) 340-3894 E-Maih Dererel atnait.cotn 9 Defendant in Pro Per: Nansi Welt 10 Nansi Weil ELECTRONIC SERVICE - ONLY 5445 Bader Road Santa Rosa, CA 95409 13 E-Mail:nansiweilScomcast.net Attorneys for Defendants', Sunderland I McCutchan, Inc„Sunderland l McCutchan, LLP, B. Edward McCutchan, Jr. 16 Joseph S, Picchi, Esq, ELECTRONIC SERVICE - ONLY Aaron T. Schultz, Esq. Galloway, Lucchese, Everson & Picchi A Professional Corporation 2300 Contra Costa Blvd., Suite 350 13 Pleasant Hill, CA 94523-2398 zo Tel; (925) 930-9090 Fax: (925) 930-9035 21 E-Mail:aschuttzCrhetattvs,corn 22 23 25 26 27 2S DFPENDANT IACINDA DUVAL'S RESPONSES TO PLAINTIFF RICHARD ABEL'S REQUEST POR ADMISSIONS, SET ONE 9 CC Edward McCutchan (SBN 119376) SUNDKRLAND McCUTCHAN, LLP i 1083 Vine Street, Suite 907 3 Healdsburg, California 95448 Telephone; (707) 433-0377 4 Facsimile; (707) 433-0379 5 Attorneys for Defendant 6 JACINDA DUVAL SUED AS DOE 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 0 FOR THE COUNTY OF SONOMA 9 RICHARD ABEL, an individual, CASE NO, SCV-263456 10 Plaintiff, DKiFiKiNDANT JACINDA DUVAL'S ANSWERS TO PLAINTIFF RICHARD 12 vs. ABKIL'S FIORM INTKRROGATORIKS) SKT ONK B, EDWARD McCUTCHAN, JR. an individual; SUNDERLAND I McCUTCHAN, LLP, a general partnership; and DOES I through 100, inclusive, 16 Defendants. 17 PROPOUNDING PARTY; Plaintiff, Richard Abel 19 RESPONDING PARTY: Defendant, Jacinda Duval 20 SET NUMBER: ONE (I) 21 22 Defendant is engaged in continuing discovery in this case, Therefore, all the answers contained herein are based upon such information and documents as are presently available and 24 known to defendant and disclose only those contentions which presently occur to her, There are 25 potential witnesses who have not been deposed, documents which have not been reviewed or 26 obtained, analysis which has not been completed, and other discovery and investigation which 27 20 has not been finished. Discovery and investigation are continuing. Defendant therefore provides DEI'ENDANT IACINDA DUVAL'S ANSIVERS TO PLAINTIFF RICHARD AEEL'S FORM INTERROOATORIES, SET NUMBER ONE 1 the following responses to plaintiff's Form Interrogatories, Set Number One without prejudice to 2 present at trial further documentaty or oral evidence or analysis not yet obtained or completed. 3 Defendant reserves her right to supplement any answers herein, INTEiRROGATORY REOUEST AND RKiSPONSEi 1,0 IDENTITY OI'ERSONS ANSWERING THESE INTERROGATORIES Interroaatorv 1,1: State the name, ADDRESS, telephone number, and relationship to you of each PERSON who prepared or assisted in the preparation of the responses to these interrogatories. (Do not identify anyone Jvho sttnply typed or reproduced the responses) 10 Resnonse: Edward McCutchan, Sunderland [ McCutchan, LLP, 1803 Vine Street, ¹ 907, Healdsburg, CA 95448. Telephone: (707) 433-0377, 12 2.0 GKiNERAL BACKGROUND INFORMATION — INDIVIDUAL 13 Interroaatorv 2,1I State: 1A a. your name; 15 b. every name you have used in the past; and c, the dates you used each name. Resnonse: a. Jacinda Duval; b. Jacinda Duval,'. 1S 1961 to present, Interroaatorv 2.2: State the date and place of your birth. 20 Resuonse: Januaty 4, 1961, St, Paul, Minnesota, 21 Interroaaton 2,3: At the time of the INCIDENT, did you have a driver's license'l If so state: 22 a, the state or other issuing entity; 23 b, the license number and type; c. the date of issuance; and d, all restrictions. Resnonse: a. California; 26 b, N9805351 C; c, October 31, 2018; 27 d. None, DEFENDANT JACINDA DUVAL'S ANSIVERS TO PLAINTIFF RICHARD ABEL'S FORM INTBRROOATOILIES, SET NUMBER ONB 2 Interronatotv 2.4: At the time of the INCIDENT, did you have any other perniit or license 2 for the operation or a motor vehicle7 If so, state; 3 a, the state or other issuing entity; b. the license number and type; c, the date of issuance; and d. Ell restrictions. Resnonse: a, N/A; b, N/A; c,N/A,', N/A, 9 Interroaatorv 2.5: State, 10 a. your present residence ADDRKSS; b. your residence ADDRKSSKS for the past five years; and c. the dates you lived at each ADDRESS. 12 Resnonse: a. 1125 Cornell Drive, Santa Rosa, CA 95405'1 13 b. N/A; c. 2005 to present. Interroaatorv 2.6: State: a. the name, ADDRESS, and telephone number of your present 16 employer or place of self-employment; and 17 b. the name, ADDRESS, dates of employment, job title, and nature of work for each employer or self-employment you have had from five 1S years before the INCIDENT until today. 19 Resnonse: a. Bellevue Union School District, 3150 Education Drive, Santa Rosa,