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LAW OFFICES OF BENNY MARTIN ELECTRONICALLY
Benjamin Martin (SBN 257452) FILED
657 Santa Clara Ave. Supertor Court of Caitfornia,
Venice CA, 90291 County of San Francisco
Phone: (510) 227-4406 02/16/ 2017
Email: knowyourightsinsf@ gmail.com Clerk of the Court
BY:MADONNA CARANTO
Attorneys for Plaintiff Phillip Garcia =
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
PHILLIP GARCIA, an individual, Case # CGC-14-538560
Plaintiff, DISCOVERY MOTION
REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF PLAINTIFF PHILLIP
GARCIA’S MOTION TO COMPEL
RESPONSES TO DISCOVERY AND
REQUESTS FOR MONETARY AND
NONMONETARY SANCTIONS
YS.
CARRIE WILSON, in her individual
capacity, and in her capacity as trustee of
THE WILSON FAMILY TRUST, et. al., and
DOES 1-20.
Defendants.
SESS
TO THE PARTIES HERETO AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE}
that Plaintiff Phillip Garcia will and hereby does request the Court, pursuant to Evidence Code § 452,
to take judicial notice of the following matters in support of Plaintiffs Motion to Compel Responses
to Discovery and Requests for Monetary and Nonmonetary Sanctions:
1, In Case No. CGC-14-538560 in San Francisco Superior Court, the Orders on Plaintiff's Motion to
Compel Further Responses to Discovery and Request for Monetary Sanctions, Set One, Set Two
both filed February 9, 2016, pursuant to Evidence Code § 452(d) as they constitute records of the
court of this state. True and correct copies are attached as Exhibit A.
2. In Case No. CGC-14-538560 in San Francisco Superior Court, the Order Denying Plaintiffs
Motion for Trial Preference [ordering Carrie Wilson’s deposition be completed by February 14,
eqs
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF PHILLIP GARCIA’S MOTION TO COMPEL
RESPONSES TO DISCOVERY AND REQUESTS FOR MONETARY AND NONMONETARY SANCTIONSnp
27
28
2017], filed November 1, 2016, pursuant to Evidence Code § 452(d) as it constitutes a record of
the court of this state. A true and correct copy is attached as Exhibit B.
3. In Case No. CGC-14-538560 in San Francisco Superior Court, Declaration of Plaintiff’s Counsel
Benny Martin in Support of Plaintiff's Reply to Defendant’s Opposition to Plaintiff's Motion for
leave to file a Third Amended Complaint, or in the Alternative, to File an Amendment
Substituting Carrie Wilson for Doe 1, filed January 31,2017, pursuant to Evidence Code § 452(d)|
it constitutes a record of the court of this state. A true and correct copy is attached as Exhibit C.
4. In Case No. CGC-14-538560 in San Francisco Superior Court, Declaration of Katelyn M. Knight
in Support of Opposition to Motion for Trial Preference, filed October 26, 2016, pursuant to
Evidence Code § 452(d) as it constitutes a record of the court of this state. A true and correct
copy is attached as Exhibit D.
5. In Case No. CGC-14-538560 in San Francisco Superior Court, Defendants’ Ex Parte Application
to Continue Trial and Permitting Continuance of the Upcoming Deposition of Carrie Wilson, or
in the Alternative for Order Shortening Time, filed February 10,2017, pursuant to Evidence Code}
452(d) as it constitutes a record of the court of this state. A true and correct copy is attached as
Exhibit D.
6. In Case No, CGC-14-538560 in San Francisco Superior Court, Defendants’ Ex parte Application
for Trial Continuance and Permitting Continuance of the Upcoming Deposition of Carrie Wilson,
or in the Alternative, for Order Shortening Time, filed February 10, 2017, pursuant to Evidence
Code § 452(d) as it constitutes a record of the court of this state. A true and correct copy is
attached as Exhibit E.
7. In Case No. CGC-14-538560 in San Francisco Superior Court, Declaration of Katelyn M. Knight
in Support of Ex Parte Application to Continue Trial or in the Alternative for Order Shortening
Time, filed February 10, 2017, pursuant to Evidence Code § 452(d) as it constitutes a record of
the court of this state. A true and correct copy is attached as Exhibit F.
Date: February 16, 2017 LAW OFFICES OF BENNY MARTIN
By:
Benny Martin, Esq.
Counsel for Plaintiff Phillip Garcia
-2-
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF PHILLIP GARCIA’S MOTION TO COMPEL
RESPONSES TO DISCOVERY AND REQUESTS FOR MONETARY AND NONMONETARY SANCTIONSEXHIBIT ALAW OFFICES OF BENNY MARTIN ¥ 7
Benjamin Martin (SBN 257452) Ee
hed |
3245 Geary Street San Franciseo Aeunty Superior Court
PO Box 591477 :
San Francisco, CA 94118 FEB 0 9 205
Phone: (510) 227-4406
re CLERK
THE CUuRT w/
Email: knowyourightsinsf@ gmail.com BY:
Deputy Clerk
Attomeys for Plaintiff Phillip Garcia
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
PHILLIP GARCIA, an individual, } Case # CGC-14-538560
Plaintiff,
vs. 0 POSED] ORDER ON PLAINTIFF’S
MOTION TO COMPEL FURTHER
RESPONSES TO DISCOVERY
REQUEST FOR MONETARY
7 7 SANCTIONS ¢£7
CARRIE WILSON, in her capacity as trustee of
THE WILSON FAMILY TRUST, et, al.,
Defendants.
Plaintiff’s MOTION TO COMPEL FURTHER RESPONSES TO DISCOVERY AND
REQUESTS FOR MONETARY SANCTIONS came before a Judge Pro Tem this court on
November 30, 2015 on a regularly noticed motion. The Judge Pro Tem issued his recommendations
on Plaintiff's Motion, attached hereto as Exhibit A. The substantive part of the Judge Pro Tem’s
recommendation provided:
“Defendant should be ordered to serve substantive verified responses to all discovery requests within
15 days of service of this order. I would deny sanctions.”
On January 12, 2016, Plaintiff's motion was heard before Judge Quidachay in Department
501 of the San Francisco Superior Court. After consideration of the moving and opposing papers,
and after hearing oral argument from Benny Martin on behalf of Moving Party, and Katelyn Knight
pose] oDERappearing on behalf of Opposing Party the Court hereby adopts the Pro Tem’s recommendation as
follows:
Plaintiff's Motion to Compel Responses to Discovery and Request for Monetary Sanctions is
GRANTED. ~
Defendant Carrie Wilson in Her Capacity as Trustee of The Wilson Family Trust is Ordered
to serve within five (5) days of notice of entry of Order objection-free responses to the following
discovery requests:
Plaintiff's Form Interrogatories, Set One, Nos. 1.1, 2.7, 2.8, 2.9, 2.10, 2.11, 3.2, 3.3, 3.4, 3.5,
3.6, 4.1, 4.2, 11.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 13.1, 13.2, 14.1, 14.2, 15.1, 16.1, 16.2, 16.3,
17.1, 50.1, 50.2, 50.3, 50.4, 50.5, 50.6,
Plaintiff's Special Interrogatories, Set One, Nos. 1-35;
Plaintiff’s Request for Admissions, Set One, Nos. 1-30;
Plaintiff's Request for Production of Documents, Set One, Nos. 1-15.
Defendant is ORDERED to perform a reasonably diligent investigation pursuant to C.C.P. §
2030.220. A itt t igatiorentai! ini e
Plaintiffs sanction request is denied. a
7
wo al Judge of the Superior Court
Approved as to form only: Ie RONALD E. QUIDACHAY
Katelyn Knight, Counsel for Defendant The Wilson Family Trust
ae SED] ORDERLAW OFFICES OF BENNY MARTIN
Benjamin Martin (SBN 257452)
3245 Ge Street San Franciznn impr .
PO Box 591477 “anion Corte Sipertor Cour
San Francisco, CA 94118 FEB 9 9 2018
Phone: (510) 227-4406 See
IK soe nye
oy TEN yg Ine Cour
Email: knowyourightsinsf@ gmail.com
Deputy Cleric
Attorneys for Plaintiff Phillip Garcia
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
PHILLIP GARCIA, an individual, Case # CGC-14-538560
Plaintiff,
2
)
2
vs. peROrosti ORDER ON PLAINTIFF’S
MOTION TO COMPEL RESPONSES TO
DISCOVERY AND REQUEST FOR
} MONETARY SANCTIONS 3¢7 [WO
)
d
)
CARRIE WILSON, in her capacity as trustee of
THE WILSON FAMILY TRUST, et, al.,
Defendants.
Plaintiff's MOTION TO COMPEL RESPONSES TO DISCOVERY AND REQUESTS FOR
MONETARY SANCTIONS came before a Judge Pro Tem this court on November 30, 2015 ona
regularly noticed motion. The Judge Pro Tem issued his recommendations on Plaintiff's Motion,
attached hereto as Exhibit A. The substantive part of the Judge Pro Tem’s recommendation provided:
“defendant objected to special interrogs 39 and 40, seeking the addresses of the unserved parties.
The defense should have to provide this information if it can reasonably obtained form sources
unavailable to defense. ..I would deny sanctions.”
On January 12, 2016, Plaintiff's motion was heard before Judge Quidachay in Department
501 of the San Francisco Superior Court. After consideration of the moving and opposing papers,
and after hearing oral argument from Benny Martin on behalf of Moving Party, and Katelyn Knight
==
eo ORDERappearing on behalf of Opposing Party the Court hereby adopts the Pro Tem’s recommendation as
follows:
Plaintiff's Motion to Compel Responses to Discovery and Request for Monetary Sanctions is
GRANTED. ~
Defendant Carrie Wilson in Her Capacity as Trustee of The Wilson Family Trust is Ordered
to serve within five (5) days of notice of entry of Order objection-free responses to the following
discovery requests:
Plaintiff's Form Interrogatories, Set Two, Nos. 1.1, 2.1, 2.5;
Plaintiff's Special Interrogatories, Set Two, Nos. 36-41.
With regard to Plaintiff's Special Interrogatories Nos. 39 and 40, the contact information and
residential addresses of Defendants Erika Markham and Shaun Markham, Defendant is ORDERED
If Murchison & Cummings currently has or can obtain the contact information and residential
addresses for Defendants Erika Markham and Shaun Markham througit¢ny-of the above-descrited
{saeans, that information must be provided in responding to Plaintiff's Special Interrogatories, Set
Two Nos. 39, 40.
Plaintiff's sanction request is denied.
This Order shall take effect immediately-
my Honorable Judge of the Superior Court
RONALD E. QUIDACHAY
Approved as to form only: Ye
Katelyn Knight, Counsel for Defendant The Wilson Family Trust
[PROPOSED] ORDEREXHIBIT BLAW OFFICES OF BENNY MARTIN
Benjamin Martin (SBN 257452)
647 Santa Clara Ave.
Venice, CA 90291
Phone: (510) 227-4406
Email: knowyourightsinsf@ gmail.com
Attorneys for Plaintiff Phillip Garcia
F ae L, of E,,,D
County of San Francisco
NOY 07 2016
CLERK OF THE COURT
A
BY.
DeputyWlerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
PHILLIP GARCIA, an individual,
Plaintiff,
vs.
CARRIE WILSON, in her capacity as trustee of
THE WILSON FAMILY TRUST, SHAUN
MARKHAM, an individual, ERIKA
MARKHAM, an individual, and ANGELO
WILSON, an individual, and DOES 1-20.
Defendants.
Plaintiff Phillip Garcia’s Motion for Trial Preference came on a regularly noticed motion
vem ber 730 AM .
before the Court on Gettober 28, 4o16 at $0 a.m. in Department 206 of the above-entitled court,
Plaintiff was represented by Benny Martin and Defendant was represented by Dana Tom. Upon
consideration of the moving and opposing papers,
) Case No. CGC-14-538560
PLAINTIFF PHILLIP GARCIA’S
MOTION FOR TRIAL PREFERENCE
Date: November 1, 2016
Time: 9:30 a.m.
Department: 206
Complaint Filed: April 10, 2014
Trial Date: = March 27, 2017
eee
phon consideration of counsels’ oral argument,
.
ED
the for good cause show, the motion is hereby The:
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[PROPOSED] ORDER
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Sy prrur Cows.EXHIBIT CLAW OFFICES OF BENNY MARTIN
Benjamin Martin (SBN 257452)
647 Santa Clara Ave.
Venice, CA 90291
Phone: (510) 227-4406
Email: knowyourightsinsf@ gmail.com
Attorneys for Plaintiff Phillip Garcia
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
PHILLIP GARCIA, an individual,
Plaintiff,
vs.
CARRIE WILSON, in her capacity as trustee of
THE WILSON FAMILY TRUST, SHAUN
MARKHAM. an individual, ERIKA
MARKHAM. an individual, and ANGELO
WILSON, an individual, and DOES 1-20.
Defendants.
I, Benny Martin, declare:
} Case No. CGC-14-538560
; DECLARATION OF PLAINTIFF’S
) COUNSEL BENNY MARTIN IN
) SUPPORT OF PLAINTIFF’S REPLY TO
) DEFENDANT’S OPPOSITION TO
) PLAINTIFF’S MOTION FOR LEAVE TO
) FILE A THIRD AMENDED COMPLAINT,
) OR IN THE ALTERNATIVE, TO FILE AN
) AMENDMENT SUBSTITUTING CARRIE
WILSON FOR DOE 1
)
)
) Date: February 8, 2017
) Time: 9:30 a.m.
} Dept: 501
)
) Trial: March 27, 2017
Date Original Complaint Filed: June 9, 2014)
1. Tam an attorney admitted to practice law in California, a member of the State Bar of California,
and retained counsel for Plaintiffs in this case. I have personal knowledge of the matters set forth
herein, and if called as a witness, I could competently so testify.
2. On May 21, 2015, 1 wrote to Defendant’s counsel: “please let me know when Ms. Wilson's
deposition may occur.” Attached hereto as Exhibit A is a true and correct copy of the May 21,
2015, e-mail.
3. On July 21,2015, 1 wrote to defense counsel: “I am requesting once again deposition dates for
The Wilson Family Trust. I see that you are on vacation until August 18. How about the
DECLARATION OF BENNY MART
IN SUPPORT OF PLAINTIFF GARCIA’S REPLY
CaenD
19
20
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following week? August 19, 20,21, or August 24?” Attached hereto as Exhibit B is a true and
correct copy of the July 21, 2015, e-mail.
4. On July 22, 2015, defense counsel responded: “As for my schedule, August is already booked an
September is filling up quickly. However, as I said, I will see what Ms. Wilson's schedule looks
like before I provide any dates.” Attached hereto as Exhibit C is a true and correct copy of the
July 22, 2015, e-mail.
5. On July 28, 2015, 1 wrote to defense counsel: “I don't know what else to do to get a deposition
date here. This is the 4th request I have tendered for a deposition date, and the response has
consistently been that you will ask Ms. Wilson and get back to me. Is there anything I can do
here to help you get a response?” Attached hereto as Exhibit D is a true and correct copy of the
July 28, 2015, e-mail.
6. On July 30, 2015, defense counsel replied: “Ms. Carrie Wilson will be available for a deposition
on October 20, 21, or 22.” Attached hereto as Exhibit E is a true and correct copy of the July 30,
2015, e-mail.
7. On August 18, 2015, Plaintiff served the first notice of deposition for Carrie Wilson setting for
October 20, 2015, along with admission request, form interrogatories, document demands, and
special interrogatories. Attached hereto as Exhibit F is a true and correct copy of the August 18,
2015, deposition notice and proof of service of written discovery requests.
8. On September 11, 2015, Plaintiff served a second set of form and special interrogatories on Carrie}
Wilson. Attached hereto as Exhibit G is a true and correct copy of the September 11, 2015,
discovery requests.
9. On September 17, 2015, defense counsel cancelling the October 2015 deposition, and stated that
written discovery would also not be responded to. Attached hereto as Exhibit H is a true and
correct copy of the September 17, 2015, e-mail.
10. Deficient discovery responses resulted in Plaintiff's October 16, 2015, and October 23, 2015,
motions to compel further responses, both of which were continued on the court’s own motion to
January 12,2016. Plaintiff's motions were granted, and Carrie Wilson was ordered to further
respond, which she did on February 11, 2016.
11. On January 25, 2016, Plaintiff’s counsel again reached out on a deposition date for Carrie Wilson |
On January 26, 2016, defense counsel replied that it would be at least 4 months: “Ms. Carrie
DECLARATION OF BENNY MARTIN IN SUPPORT OF PLAINTIFF GARCIA’S REPLY
aonD
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20
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Wilson is going in for hip replacement surgery the first of February. I will not have a date for yout
until we see how she comes out of the surgery and starts her rehabilitation. The projection is
about four months, but I do not know right now.” Attached hereto as Exhibit I is a true and
correct copy of the January 25,2016, and January 28, 2016, e-mails.
12. Subsequent doctor’s notes excusing Carrie Wilson from being deposed were provided, dated
February 23, 2016; March 11, 2016; August 3, 2016; September 20, 2016. Attached hereto as
Exhibit J are true and correct copies of the February 23, 2016; March 11, 2016; August 3, 2016;
September 20, 2016, doctor’s letters.
13. On November 21 , 2016, I served another notice of deposition for Carrie Wilson, this time, for
December 14, 2016. Attached hereto as Exhibit K is a true and correct copy of the December 14,
2016, deposition notice.
14. On December 7, 2016, Defense counsel once more cancelled the December 7, 2016, deposition.
Attached hereto as Exhibit L is a true and correct copy of the December 7, 2016, e-mail.
15. Carrie Wilson in her capacity as Trustee propounded hundreds of written discovery request upon
Plaintiff. On December 30, 2016, Defense counsel e-mailed me a meet and confer letter related to
Plaintiff’s responses to said written discovery indicating that Plaintiff was required to respond as
to Carrie Wilson in her individual capacity. A true and correct copy of the December 30, 2016,
meet and confer letter is attached hereto as Exhibit M.
16. Plaintiff waived the discovery cut off, offered to have this motion heard on shortened time, has
agreed to sit for an additional deposition, and significantly, I suggested to defense counsel in
December 2016 that discovery should be propounded as to Carrie Wilson’s individual liability.
Exhibit N.
Ml
DECLARATION OF BENNY MARTIN IN SUPPORT OF PLAINTIFF GARCIA’S REPLY
[aonD
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20
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17. On July 28, 2014, this Court entered an order overruling Defendant Angelo Wilson’s demurrer to
the extent he attempted to argue res judicata on behalf of another defendant (Defendant The
Wilson Family Trust). A true and correct copy of the Court’s July 28, 2014, Order is attached
hereto as Exhibit O.
I declare under the penalty of perjury that the foregoing is true and correct under the laws of the State
of California. Executed in Riga, Latvia on January 31, 2017
LAW OFFICES OF BENNY MARTIN
By:
Benny Martin
Attorney for Plaintiff Garcia
DECLARATION OF BENNY MARTIN IN SUPPORT OF PLAINTIFF GARCIA’S REPLY
CaeEXHIBIT AGmail - Notice of Service of Publication; Carrie Wilson in her Capacity as Trustee 1/31/17, 3:54 PM
M1 Gmail
Notice of Service of Publication; Carrie Wilson in her Capacity as Trustee
Benny Martin Thu, May 21, 2015 at 7:32 PM
To: "Joyce E. Clifford"
Joyce:
This email is to give you notice that we have commenced service of Ms. Wllson by publication.
As Ms. Wilson's attorney, it is my hope that this email will prompt your filing of a first responsive pleading on Ms.
Wilson's behalf.
As you may know, after the summons and complaint are served and the time to respond has expired, the statutory
requirement for giving further notice is restricted to the Statement of Damages and the Request for Entry of Default.
(CCP§425.11). We are serving the statement of damages also by publication.
Accordingly, the next notice you will receive from my office regarding Ms. Wilson is a Request for Entry of Default,
which I will serve by mail on your office. My concern is that my the time the Request for Default is received and
reviewed by you, default will have already been entered.
On a related matter, please let me know when Ms. Wilson's deposition may occur.
Regards,
Benny Martin
Law Offices of Benny Martin
195 41st Street
P.O. Box 11120
Oakland, CA 94611
Phone: 510.227.4406
knowyourrightsinsf@gmail.com
Confidentiality Notice:
This communication constitutes an electronic communication within the meaning of the Electronic Communications
Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this
message. This transmission, and any attachments, may contain confidential attorney-client privileged information and
attorney work product. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the
information contained in or attached to this transmission is STRICTLY PROHIBITED. Please contact me immediately
by return e-mail and destroy the original transmission and its attachments without reading or saving in any manner.
https://mail.google.com/mail/uj2/?ui=2&ik=ea02e2c4288view=pt&q=...qs=true&search=query&msg=14d7751e1a458044&simi=14d7751e1a458044 Page 1 of 1EXHIBIT BGmail - Notice of Service of Publication; Carrie Wilson in her Capacity as Trustee 1/31/17, 3:57 PM
M™1 Gmail
Notice of Service of Publication; Carrie Wilson in her Capacity as Trustee
Benny Martin Tue, Jul 21, 2015 at 11:58 PM
To: Joyce Clifford
Joyce: | hope this email finds you well.
| am requesting once again deposition dates for The Wilson Family Trust. | see that you are on vacation until August
18. How about the following week? August 19, 20, 21, or August 24? Please let me know.
Benny Martin
Law Offices of Benny Martin
195 41st Street
P.O. Box 11120
Oakland, CA 94611
Phone: 510.227.4406
knowyourrightsinsf@gmail.com
Confidentiality Notice:
This communication constitutes an electronic communication within the meaning of the Electronic Communications
Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this
message. This transmission, and any attachments, may contain confidential attorney-client privileged information and
attorney work product. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the
information contained in or attached to this transmission is STRICTLY PROHIBITED. Please contact me immediately
by return e-mail and destroy the original transmission and its attachments without reading or saving in any manner.
[Quoted text hidden]
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M1 Gmail
Notice of Service of Publication; Carrie Wilson in her Capacity as Trustee
Joyce Clifford Wed, Jul 22, 2015 at 12:38 AM
To: Benny Martin
Cc: "Matthew K. Wisinski"
Benny,
I will check with Ms. Carrie Wilson. The depostion will have to take place in Georgia, near her home. She
cannot travel long distances and she cannot sit for long periods of time. I would say that a deposition could not
last more than two hours at a time. She is an elderly woman with mobility problems. Further, her deposition is
unlikely to provide any useful information for this case, she knows next to nothing about the events. Her
husband was dying at the time that the unlawful detainer action was going on and she was spending her time at
the hospital.
As for my schedule, August is already booked and September is tilling up quickly. However, as | said, I will see
What Ms. Wilson's schedule looks like before I provide any dates.
Joyce Clifford
Joyce Clifford Gd
MURCHISON rs
jdlifford@murchisontaw.com
415-524-4300 Phone
415.391.2058 Fax
275 Battery Street Suite 550
San Francisco
CASI
BUAS View my vCard
www.murchisonlaw.com
CONFIDENTIALITY NOTE: This communication contains information belonging to Murchison & Cumming LLP which is confidential and/or legally
privileged, The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby
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M1 Gmail
Notice of Service of Publication; Carrie Wilson in her Capacity as Trustee
Benny Martin Tue, Jul 28, 2015 at 1:21 AM
To: Joyce Clifford
Hi Joyce:
| hope this email finds you well.
| am once more requesting a deposition date for the trustee of the Wilson Family Trust. If nothing has changed, we
believe this to be Carrie Wilson, who has been served by publication.
| don't know what else to do to get a deposition date here. This is the 4th request | have tendered for a deposition
date, and the response has consistently been that you will ask Ms. Wilson and get back to me. Is there anything | can
do here to help you get a response?
The issue of course is that at some point, | will have to ask for court intervention to compel a deposition date. That's
expensive and silly. So can you please get back to me regarding a deposition date?
Thank you.
Benny Martin
Counsel for Plaintiff Garcia
Law Offices of Benny Martin
195 41st Street
P.O. Box 11120
Oakland, CA 94611
Phone: 510.227.4406
knowyourrightsinsf@gmail.com
Confidentiality Notice:
This communication constitutes an electronic communication within the meaning of the Electronic Communications
Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this
message. This transmission, and any attachments, may contain confidential attorney-client privileged information and
attorney work product. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the
information contained in or attached to this transmission is STRICTLY PROHIBITED. Please contact me immediately
by return e-mail and destroy the original transmission and its attachments without reading or saving in any manner.
[Quoted text hidden]
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M1 Gmail
Notice of Service of Publication; Carrie Wilson in her Capacity as Trustee
Joyce Clifford Thu, Jul 30, 2015 at 1:07 AM
To: Benny Martin
Mr. Martin,
Ms. Carrie Wilson will be available for a deposition on October 20, 21. or 22, The best place for the deposition
will be in Dublin, GA. Ms. Wilson cannot sit for extended periods of time and will leave the deposition when it
becomes uncomfortable for her to sit or she gets tired.
Joyce Clifford
Joyce Clifford EE
MURCHISON eres
jolifford@murchisontaw.com
415-489-4798 Phone
415.391.2068 Fax
275 Battery Street Suite 550
San Francisco
SAN FRAS cAg4tIt
: § View my vCard
www.murchisonlaw.com
CONFIDENTIALITY NOTE: This communication contains information belonging to Murchison & Cumming LLP which is confidential and/or legally
privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby
notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of said information is strictly prohibited. If you have
received this communication by error, please delete it from your computer and notify us immediately.
From: Benny Martin [mailto:knowyourrightsinsf@gmail.com]
Sent: Monday, July 27, 2015 3:22 PM
[Quoted text hidden]
[Quoted text hidden]
https://mail. google .com/mail/u/2/?ui=2&ik=ea02e2c4 28&view=pt&aq...22.%20&search=query&amsg=14edbdb79d749c45asimi=14edbdb79d749045 Page 1 of 1EXHIBIT FLAW OFFICES OF BENNY MARTIN
Benjamin Martin (SBN 257452)
195 41st Street
P.O. Box 11120
Oakland, CA 94611
Phone: (415) 558-1760
Email: knowyourightsinsf@ gmail.com
Attorneys for Plaintiff Phil Garcia
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
PHILLIP GARCIA, an individual, Case No. CGC-14-538560
)
)
Plaintiff, } NOTICE OF DEPOSITION OF
) DEFENDANT CARRIE WILSON IN
vs. ) HER CAPACITY AS TRUSTEE OF
) THE WILSON FAMILY TRUST
ANGELO WILSON, an individual, et. al. }
) Date: October 20, 2015
) Time: 1:00 p.m.
) Location: Dublin GA (Address unknown
) until Plaintiff is provided a description of
) the reasonable accommodations the
deponent requires)
Defendants.
TO DEFENDANT AND HIS ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that pursuant to Cal. Code of Civ. Proc. § 2025 et seq. on October
20, 2015 beginning at 1:00 p.m. Plaintiff will take the deposition of Defendant CARRIE WILSON
IN HER CAPACITY AS TRUSTEE OF THE WILSON FAMILY TRUST, at an address to be
determined in Dublin GA, before a duly qualified officer who is authorized to administer oaths in the
State of California. The deposition will continue from day to day until complete, and shall be taken
before a certified stenographic reporter. Pursuant to Cal. Code of Civ. Proc. § 2025.510, this
deposition may be video recorded by a qualified operator, which may be used as evidence at trial.
Pursuant to Cal. Code of Civ. Proc. § 2025.220(a)(5), this deposition may be recorded through the
instant visual display of testimony.
-1-
NOTICE OF DEPOSITION OF DEFENDANT CARRIE WILSON IN HER CAPACITY AS TRUSTEE OF THE
WILSON FAMILY TRUSTCal. Code of Civ. Proc. § 2025.280(a) requires “any deponent who is a party to the action...
to attend and to testify, as well as to produce any document or tangible thing for inspection and
copying.” Accordingly, Plaintiff hereby demands that Defendant/Deponent produce the following
documents for inspection and copying.
DEFINITIONS
The following definitions are incorporated by reference into each and every Request
hereinafter set forth without the necessity of further reference:
The term “WRITING” refers to papers, books, records, files, letters, memoranda, contracts,
invoices, change/modification orders, photos, tapes, or anything upon which any handwriting, typing
printing, computer printing, photostatic copies, magnetic or electrical impulse or any other form of
communication is recorded or reproduced and includes anything covered by Section 250 of the
California Evidence Code.
The term “DOCUMENT” shall mean all written or graphic materials, however produced or
reproduced, in your actual or constructive possession, care, custody, or control or of any of the
employees or agents or related public entities, enumerated under “document request”, including but
not limited to files, letters, contract, agreements, telegrams, memoranda, notes, reports, applications,
correspondence, sound recordings or tapes of any conversation or meeting or conference, minutes of
meetings, handwritten memorandums or notes, interoffice communications, summaries, logs, or any
other printed, typewritten or handwritten material or any nature similar to the foregoing, however
denominated, including all drafts and carbon or photographic copies of any such materials.
The term “RELATING TO” or “REGARDING” shall mean comprising, stating, describing,
summarizing, explaining, mentioning or otherwise having a connection with.
The phrases “EVIDENCE, REFLECT, REFER TO, PERTAIN TO, REGARDING or
RELATE TO” shall mean mentioning, describing, discussing, memorializing, concerning,
constituting, consisting of, supporting, refuting, containing, evidencing, reflecting, depicting in any
way, directly or indirectly, the subject-matter of a particular request set forth herein below.
The term “COMMUNICATION” shall mean any transfer of information, whether written,
oral, via e-mail, or by any other means.
The term “ADVERTISEMENT” means any public notice, announcement, price quote, offer
or incentive, contained in any newspaper, phone book, magazine, periodical, handbill, flyer,
billboard or other source of media, made available to the public, for the purposes of selling the
-2-
NOTICE OF DEPOSITION OF DEFENDANT CARRIE WILSON IN HER CAPACITY AS TRUSTEE OF THE
WILSON FAMILY TRUSTbuilding in which subject premises is located at 1665 Hayes Street, San Francisco, CA (“SUBJECT
PREMISES”)
REQUEST#1
DOCUMENTS showing the mailing and residential address of Shaun Markham.
REQUEST#2
DOCUMENTS showing the mailing and residential address of Erika Markham.
DATE: August 11, 2015
Benny Martin,
Attorney for Plaintiff
Sagoo
NOTICE OF DEPOSITION OF DEFENDANT CARRIE WILSON IN HER CAPACITY AS TRUSTEE OF THE
WILSON FAMILY TRUSTPROOF OF SERVICE
I, BENNY MARTIN, declare as follows:
I reside in the United States, am over the age of eighteen years and not a party to the within entitled
action. I am not a registered California process server. I work at 195 41st Street P.O. Box 11120
Oakland, CA 94611. On August 18, 2015, I served the attached:
1. NOTICE OF DEPOSITION OF DEFENDANT CARRIE WILSON IN HER
CAPACITY AS TRUSTEE OF THE WILSON FAMILY TRUST;
2. PLAINTIFF PHILLIP GARCIA’S REQUEST FOR PRODUCTION OF
DOCUMENTS, SET ONE;
3. PLAINTIFF PHILLIP GARCIA’S SPECIAL INTERROGATORIES, SET ONE
4. FORM INTERROGATORIES - GENERAL;
5, PLAINTIFF PHILLIP GARCIA’S REQUEST FOR ADMISSIONS, SET ONE.
on the interested parties in said action:
MURCHISON & CUMMING, LLP
275 BATTERY ST, STE. 550
SAN FRANCISCO, CA 94111
And served the named document in the manner indicated below:
BY MAIL: I caused true and correct copies of the above documents, by following ordinary business
practices, to be placed and sealed in envelope(s) addressed to the addresses(s), at the United States
Postal Service mail box on the corner in Oakland for the collection and mailing with the United
States Postal Service, and in the ordinary course of business, correspondence placed for collection on
a particular day is deposited with the United States Postal Service that same day.
I declare under the penalty of perjury under the laws of the state of California that the foregoing is true
and correct.
Executed August 18, 2015 at Oakland, California.
BENNY MARTIN
Sages
NOTICE OF DEPOSITION OF DEFENDANT CARRIE WILSON IN HER CAPACITY AS TRUSTEE OF THE
WILSON FAMILY TRUSTEXHIBIT GLAW OFFICES OF BENNY MARTIN
Benjamin Martin (SBN 257452)
195 41st Street
P.O. Box 11120
Oakland, CA 94611
Phone: (510) 227-4406
Email: knowyourightsinsf@ gmail.com
Attorneys for Plaintiff Phil Garcia
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
PHILLIP GARCIA, an individual, } Case No. CGC-14-538560
Plaintiff, } PLAINTIFF PHILLIP GARCIA’S
) Seat INTERROGATORIES, SET
vs. )T
)
ANGELO WILSON, an individual, et. al. }
)
)
Defendants. }
)
PROPOUNDING PARTY: Plaintiff: PHILLIP GARCIA
RESPONDING PARTY: Defendant: CARRIE WILSON in her capacity as trustee of THE
WILSON FAMILY TRUST
SET NUMBER: TWO (2)
YOU ARE HEREBY REQUESTED under California Code of Civil Procedure Section 2031.210 et
seq. to respond to these Interrogatories. You must serve a verified response within thirty days from
service. Pursuant to Code of Civil Procedure Sections 2033.010 to 2033.420, Plaintiff requests that
you admit truth of facts set out below.
Cea
PLAINTIFF PHILLIP GARCIA’S SPECIAL INTERROGATORIES, SET TWOINSTRUCTIONS
1. In responding to these interrogatories, you are required to answer as clearly,
completely and in as straightforward a manner as possible by utilizing all information that is known
or is reasonably available, including information that is in the possession and/or control of your
attorneys, agents, employees, investigators, or others, and not merely such information as is within
your personal knowledge. If you cannot answer in full, after exercising due diligence to secure the
information, answer as fully as reasonably possible and clearly qualify the part of the request you
cannot answer.
DEFINITIONS
The following definitions are incorporated by reference into each and every special
interrogatories hereinafter set forth without the necessity of further reference:
As used throughout this notice, the term “WRITING” refers to papers, books, records, files,
letters, memoranda, contracts, invoices, change/modification orders, photos, tapes, or anything upon
which any handwriting, typing printing, computer printing, photostatic copies, magnetic or electrical
impulse or any other form of communication is recorded or reproduced and includes anything
covered by Section 250 of the California Evidence Code.
The term “DOCUMENT” shall mean all written or graphic materials, however produced or
reproduced, in your actual or constructive possession, care, custody, or control or of any of the
employees or agents or related public entities, enumerated under “document request”, including but
not limited to files, letters, contract, agreements, telegrams, memoranda, notes, reports, applications,
correspondence, sound recordings or tapes of any conversation or meeting or conference, minutes of
meetings, handwritten memorandums or notes, interoffice communications, summaries, logs, or any
other printed, typewritten or handwritten material or any nature similar to the foregoing, however
denominated, including all drafts and carbon or photographic copies of any such materials.
The term “RELATING TO” or “REGARDING” shall mean comprising, stating, describing,
summarizing, explaining, mentioning or otherwise having a connection with.
The phrases “EVIDENCE, REFLECT, REFER TO, PERTAIN TO, REGARDING or
RELATE TO” shall mean mentioning, describing, discussing, memorializing, concerning,
constituting, consisting of, supporting, refuting, containing, evidencing, reflecting, depicting in any
way. directly or indirectly, the subject-matter of a particular request set forth herein below.
As used herein, the term “COMMUNICATION” shall mean any transfer of information,
Looe
PLAINTIFF PHILLIP GARCIA’S SPECIAL INTERROGATORIES, SET TWOwhether written, oral, via e-mail, or by any other means.
As used herein, the term “PERSON” and “PERSONS” include, but are not limited to, natural
persons, firms, associations, organizations, partnerships, joint ventures, businesses, trusts,
corporations, and every other form and kind of private or public entity.
As used herein, the terms, “AND,” “OR,” “ANY,” “ALL” shall be construed either
disjunctively or conjunctively as necessary to bring within the scope of the request all responses,
DOCUMENTS, and other tangible things that might otherwise be construed to be outside its scope.
As used herein, the term, “IDENTIFY,” in the context of an event, communication (in person
oral or written) or occurrence shall be construed to mean: describe the date, location, nature, and
parties to event, communication or occurrence. As used herein, the term, “IDENTIFY,” in the
context of a document shall be construed to mean: describe the document, the name or title of the
document, the date of the document and the date it was prepared; the name of each person who
authored, dictated, originated, signed or otherwise prepared the document and each person who was
an intended or actual recipient thereof; the general subject matter of the document ant the present
location and custodian of the document. As used herein, the term, “IDENTIFY,” in the context of a
witness or person shall be construed to mean: list the name, telephone number, email address, fax
number, mailing address, and residential address.
As used herein, the singular shall include and refer to the plural, and the plural shall include
and refer to the singular.
As used herein, “SUBJECT PREMISES” shall refer to 1665 Hayes Street, San Francisco,
California, and to the building in which 1665 Hayes Street, San Francisco, California is located and
all other units therein.
As used herein, “YOU” or “YOUR?” shall refer to Carrie Wilson in her Capacity as Trustee of
The Wilson Family Trust, and its officers, directors, owners, attorneys, agents, employees, and
investigators.
INTERROGATORY NO. 36
State the address of each and every parcel of real property THE WILSON FAMILY TRUST
owns or owned in any state, county, or country.
INTERROGATORY NO. 37
State the address of each and every parcel of real property YOU own or owned in any state,
county, or country.
Laos
PLAINTIFF PHILLIP GARCIA’S SPECIAL INTERROGATORIES, SET TWOINTERROGATORY NO. 38
State your current mailing and residential address, and state all your mailing and residential
addresses within the past 5 years.
INTERROGATORY NO. 39
State the telephone number, mailing address, and residential address of Erika Markham.
INTERROGATORY NO. 40
State the telephone number, mailing address, and residential address of Shaun Markham.
INTERROGATORY NO. 41
Describe each and every medical condition or diagnosis you have received that will interfere
with your ability to sit for a deposition or appear at trial in this matter in San Francisco Superior
Court.
DATE: September 11, 2015 LAW OFFICES OF BENNY MARTIN.
Benny Martin,
Attorney for Plaintiff
Coq
PLAINTIFF PHILLIP GARCIA’S SPECIAL INTERROGATORIES, SET TWOPROOF OF SERVICE
I, BENNY MARTIN, declare as follows:
I reside in the United States, am over the age of eighteen years and not a party to the within entitled
action. I am not a registered California process server. I work at 195 41st Street P.O. Box 11120
Oakland, CA 94611. On September 11,2015, I served the attached:
1. PLAINTIFF PHILLIP GARCIA’S SPECIAL INTERROGATORIES, SET TWO;
2. FORM INTERROGATORIES, SET TWO
3. DECLARATION FOR ADDITIONAL DISCOVERY.
on the interested parties in said action:
MURCHISON & CUMMING, LLP
275 BATTERY ST, STE. 550
SAN FRANCISCO, CA 94111
And served the named document in the manner indicated below:
BY MAIL: I caused true and correct copies of the above documents, by following ordinary business
practices, to be placed and sealed in envelope(s) addressed to the addresses(s), at the United States
Postal Service mail box on the corner in Oakland for the collection and mailing with the United
States Postal Service, and in the ordinary course of business, correspondence placed for collection on
a particular day is deposited with the United States Postal Service that same day.
I declare under the penalty of perjury under the laws of the state of California that the foregoing is tru
and correct.
Executed September 11, 2015 at Oakland, California.
BENNY MARTIN
Lees
PLAINTIFF PHILLIP GARCIA’S SPECIAL INTERROGATORIES, SET TWOEXHIBIT HGmail - Notice of Service of Publication; Carrie Wilson in her Capacity as Trustee 1/31/17, 4:13 PM
M1 Gmail
Notice of Service of Publication; Carrie Wilson in her Capacity as Trustee
Joyce Clifford Thu, Sep 17, 2015 at 1:58 AM
To: Benny Martin
Mr. Martin,
Ms. Wilson is the only one left who has any knowledge of the trust. There does not appear to be any other
possible trustee.
Ms. Wilson has a detached Retina and will be undergoing surgery at the end of this month. I will get a note from
her doctor concerning her condition. She will not be able to attend a deposition until after such time as her
vision has recovered. In addition, she recently fell and has a hip injury. I believe she is taking pain medication
and iis not in any condition to respond to discovery at this time.
I am asking for the same courtesy I provided to you in responding to discovery. There are outstanding discovery
requests that are due on September 24, 2015. I would ask for a least a month in order to respond. I know that I
gave you something like two or three months to respond to discovery.
We willl respond to discovery and we will produce Ms. Wilson for her deposition, but we will need more time.
Joyce Clifford
Joyce Clifford
MURCHISON | ims
jeliford@murchisonlaw.com
415-524-4300 Phone
*NGELEE 415.391.2058 Fax
275 Battery Street Suite 550
San Francisco
CASI
View my vCard
www.murchisonlaw.com
https://mail.google.com/mail/uj2/2ui=2&ik=ea02e2c4288view=pt&q=...s=true&search=query&msg=14fd861C24tb4bS6&sim|=14fd861c241b4b56 Page 1 of 24EXHIBIT |Gmail - RE: Trustee Deposition (Garcia v. Wilson) 36052 1/31/17, 4:30 PM
M1 Gmail
RE: Trustee Deposition (Garcia v. Wilson) 36052
Joyce Clifford Tue, Jan 26, 2016 ai 1:42 AM
To: Benny Martin , "Katelyn M. Knight"
Cc: "Matthew K. Wisinski"
Benny,
Ms. Carrie Wilson is going in for hip replacenient surgery the first of February. | will not have a date for you
until we see how she comes out of the surgery and starts her rehabilitation. The pr
but I do not know righ
about four months,
yecuon
Joyce Clifford
Joyce Clifford EE
MURCHISON | #eres
jcliford@murchisontaw.com
415-524-4300 Phone
415.391.2058 Fax
275 Battery Street Suite 850
San Francisco
cCAg4t
View my vCard
www.murchisonlaw.com
CONFIDENTIALITY NOTE: This communication contains information belonging to Murchison & Cumming LLP which is confidential and/or legally
privileged, The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby
notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of said information is strictly prohibited. If you have
received this communication by error, please delete it from your computer and notify us immediately.
From: Benny Martin [mailto:knowyourrightsinsf@gmail.com]
Sent: Monday, January 25, 2016 3:32 PM
To: Katelyn M. Knight; Joyce Clifford
Subject: Trustee Deposition
https://mail.google.com/mail/uj2/?ui=2&ik=ea02e2c4 288view=pt&q=...qs=true&search=query&msg=1527b2ad0cc22918&siml=1527b2ad0cc22918 Page 1 of 2Gmail - RE: Trustee Deposition (Garcia v. Wilson) 36052 1/31/17, 4:30 PM
Hello:
Touching base again on a good deposition date for the Trustee. How is February 23 or February 26?
Sent from Gmail Mobile
https://mail. google .com/mail/u/2/?ui=2&ik=ea02e2c4288view=pt&q=...s=true&search=query&msg=1527b2ad0cc22918&simI=1527b2ad0cc22918 Page 2 of 2EXHIBIT J42/23/2016 16:52 4788271973 BROWN FAMILY PRACTIC PAGE 81/81
Brown Family Practice, LLC
Crystal L. Brown MD
701 BLUE BIRD BLVD
Fort Valley, GA 31030-5085
(478) 827-1971
Feb 23, 2016
Patient information:
CARRIE WILSON
227 APPLING DR
Roberta, GA 31078
DOB: 08/25/1931
To whom it may concern:
This letter is concerning CARRIE WILSON. She has been my
patient 2006. | have seen her numerous times and am familiar with
her medical history and the current state of her health. She is
eighty-four years old. She has a history of osteoarthritis, degenerative
disc disease, and osteoporosis. Her mobility difficulties have
increased with her age. She has decreased range of motion and pain
in the hips, ankles, and feet worse with weightbearing, In addition,
she has degenerative disc disease in the thoracic-lumbar spine which
makes it difficult for her to stand erect.
She had hip surgery on February 3, 2016. After surgery she was
given narcotic pain medication which causes sedation. She will not
be able to focus and give the best testimony due to the pain
medication. She is also undergoing post-op rehabilitation. She will
have difficulty standing for long distances, walking for prolonged
distances, climbing stairs, and prolonged sitting.
Sincerely,
“oO
Crystal L! Brown MDF 3/15/2016 10:38 Middle Georgia Ortho Lori Stokes>Dana Tom 1/1
P Jeffrey Jarvett, M.D. ZB
K. Scott Malone, M.D,
William B. Wiley, M.D.
Jeffrey C, Fasom, 0,0,
ty, PAC
rly Crook, NP-C
Jason Lunsford, PAC
MIDDLE GEORGIA Dates ML Bani, M.D.
RTHOPAEDIC
Surgery & Sports Medicine
Sane wk ese at iene
‘Taunya Hoffman, I
Guy C. Jones, PA-C.
Date: 3/11/2016
To Whom It May Concern:
Please be advised that Carrie M Wilson is/has been under my orthopedic care
for right hip.
[7 was seen in office for appointment today.
[~ should not participate in physical education activities until
[may participate in physical education activities with the following restrictions:
[= may return to work on
may retum to school on
f= should not return to work until
should not return to school until
[™ restrictions:
¥ is unable to travel
has metal implant and is unable to pass through security scanning device
fis unable to participate in jury duty. Patient is excused for weeks; months; permanently. Part #:
. (Physician must sign this form)
itis of medical necessity that the above patient be eligible for
must use elevator
Other: Patient had surgery to rt hip, Right total hip arthroplasty, done on 2/3/2016. Patient will not be able to travel long
distances for at least months to one year post op pending recovery. Patient will not be able to sit for long periods for at
least 3-6 months post op pending recovery.
D.Likey
William 6. Wiley, M.0.
William B. Wiley, M.D.
Attending Physician
This document has been dig!68/03/2016 17:56 4788271973 BROWN FAMILY PRACTIC PAGE 61/81
Brown Family Practice, LLC
Crystal L. Brown MD
701 BLUE BIRD BLVD
Fort Valley, GA 31030-5085
(478) 827-1971
Aug 3, 2016
Patient information:
CARRIE WILSON
DOB: 08/25/1931
To whom it may concern:
This letter is concerning CARRIE WILSON. She has developed a
severe case of zoster (shingles). Since shingles is contagious to
people who have not been exposed to chickenpox, | recommend that
she not be around people. In addition, because of the severity of the
case, she has become weak. It will be several months before she is
strong enough to travel.
a Math)
Crystal‘L. Brown MD
Sincerely,9/20/2016 13:38 4788271973 BROWN FAMILY PRACTIC PAGE 42/82
Brown Family Practice, LLC
Crystal L. Brown MD
701 BLUE BIRD BLVD
Fort Valley, GA 31030-5085
(478) 827-1971
Sep 20, 2016
Patient information:
CARRIE WILSON
DOB: 08/25/1931
To whom it may concern:
This letter is concerning CARRIE WILSON. She has developed a
severe case of zoster (shingles). Since shingles is contagious to
people who have not been exposed to chickenpox, | recommend that
she not be around people. In addition, because of the severity of the
case, she has became weak.
She also has severe degenerative disc disease in lumbar spine which
impacts her ability to move around.
It will be several months before she is strong enough to travel.
Sincerely,
Crystal‘L. Brown MD Mh 2)EXHIBIT KLAW OFFICES OF BENNY MARTIN
Benjamin Martin (SBN 257452)
657 Santa Clara Ave.
Venice CA, 90291
Phone: (510) 227-4406
Email: knowyourightsinsf@ gmail.com
Attorneys for Plaintiff Phil Garcia
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
PHILLIP GARCIA, an individual, Case No. CGC-14-538560
)
)
Plaintiff, } NOTICE OF DEPOSITION OF
) CARRIE WILSON
Preview
LAW OFFICES OF BENNY MARTIN ELECTRONICALLY Benjamin Martin (SBN 257452) FILED 657 Santa Clara Ave. Supertor Court of Caitfornia, Venice CA, 90291 County of San Francisco Phone: (510) 227-4406 02/16/ 2017 Email: knowyourightsinsf@ gmail.com Clerk of the Court BY:MADONNA CARANTO Attorneys for Plaintiff Phillip Garcia = SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION PHILLIP GARCIA, an individual, Case # CGC-14-538560 Plaintiff, DISCOVERY MOTION REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF PHILLIP GARCIA’S MOTION TO COMPEL RESPONSES TO DISCOVERY AND REQUESTS FOR MONETARY AND NONMONETARY SANCTIONS YS. CARRIE WILSON, in her individual capacity, and in her capacity as trustee of THE WILSON FAMILY TRUST, et. al., and DOES 1-20. Defendants. SESS TO THE PARTIES HERETO AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE} that Plaintiff Phillip Garcia will and hereby does request the Court, pursuant to Evidence Code § 452, to take judicial notice of the following matters in support of Plaintiffs Motion to Compel Responses to Discovery and Requests for Monetary and Nonmonetary Sanctions: 1, In Case No. CGC-14-538560 in San Francisco Superior Court, the Orders on Plaintiff's Motion to Compel Further Responses to Discovery and Request for Monetary Sanctions, Set One, Set Two both filed February 9, 2016, pursuant to Evidence Code § 452(d) as they constitute records of the court of this state. True and correct copies are attached as Exhibit A. 2. In Case No. CGC-14-538560 in San Francisco Superior Court, the Order Denying Plaintiffs Motion for Trial Preference [ordering Carrie Wilson’s deposition be completed by February 14, eqs REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF PHILLIP GARCIA’S MOTION TO COMPEL RESPONSES TO DISCOVERY AND REQUESTS FOR MONETARY AND NONMONETARY SANCTIONSnp 27 28 2017], filed November 1, 2016, pursuant to Evidence Code § 452(d) as it constitutes a record of the court of this state. A true and correct copy is attached as Exhibit B. 3. In Case No. CGC-14-538560 in San Francisco Superior Court, Declaration of Plaintiff’s Counsel Benny Martin in Support of Plaintiff's Reply to Defendant’s Opposition to Plaintiff's Motion for leave to file a Third Amended Complaint, or in the Alternative, to File an Amendment Substituting Carrie Wilson for Doe 1, filed January 31,2017, pursuant to Evidence Code § 452(d)| it constitutes a record of the court of this state. A true and correct copy is attached as Exhibit C. 4. In Case No. CGC-14-538560 in San Francisco Superior Court, Declaration of Katelyn M. Knight in Support of Opposition to Motion for Trial Preference, filed October 26, 2016, pursuant to Evidence Code § 452(d) as it constitutes a record of the court of this state. A true and correct copy is attached as Exhibit D. 5. In Case No. CGC-14-538560 in San Francisco Superior Court, Defendants’ Ex Parte Application to Continue Trial and Permitting Continuance of the Upcoming Deposition of Carrie Wilson, or in the Alternative for Order Shortening Time, filed February 10,2017, pursuant to Evidence Code} 452(d) as it constitutes a record of the court of this state. A true and correct copy is attached as Exhibit D. 6. In Case No, CGC-14-538560 in San Francisco Superior Court, Defendants’ Ex parte Application for Trial Continuance and Permitting Continuance of the Upcoming Deposition of Carrie Wilson, or in the Alternative, for Order Shortening Time, filed February 10, 2017, pursuant to Evidence Code § 452(d) as it constitutes a record of the court of this state. A true and correct copy is attached as Exhibit E. 7. In Case No. CGC-14-538560 in San Francisco Superior Court, Declaration of Katelyn M. Knight in Support of Ex Parte Application to Continue Trial or in the Alternative for Order Shortening Time, filed February 10, 2017, pursuant to Evidence Code § 452(d) as it constitutes a record of the court of this state. A true and correct copy is attached as Exhibit F. Date: February 16, 2017 LAW OFFICES OF BENNY MARTIN By: Benny Martin, Esq. Counsel for Plaintiff Phillip Garcia -2- REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFF PHILLIP GARCIA’S MOTION TO COMPEL RESPONSES TO DISCOVERY AND REQUESTS FOR MONETARY AND NONMONETARY SANCTIONSEXHIBIT ALAW OFFICES OF BENNY MARTIN ¥ 7 Benjamin Martin (SBN 257452) Ee hed | 3245 Geary Street San Franciseo Aeunty Superior Court PO Box 591477 : San Francisco, CA 94118 FEB 0 9 205 Phone: (510) 227-4406 re CLERK THE CUuRT w/ Email: knowyourightsinsf@ gmail.com BY: Deputy Clerk Attomeys for Plaintiff Phillip Garcia SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION PHILLIP GARCIA, an individual, } Case # CGC-14-538560 Plaintiff, vs. 0 POSED] ORDER ON PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSES TO DISCOVERY REQUEST FOR MONETARY 7 7 SANCTIONS ¢£7 CARRIE WILSON, in her capacity as trustee of THE WILSON FAMILY TRUST, et, al., Defendants. Plaintiff’s MOTION TO COMPEL FURTHER RESPONSES TO DISCOVERY AND REQUESTS FOR MONETARY SANCTIONS came before a Judge Pro Tem this court on November 30, 2015 on a regularly noticed motion. The Judge Pro Tem issued his recommendations on Plaintiff's Motion, attached hereto as Exhibit A. The substantive part of the Judge Pro Tem’s recommendation provided: “Defendant should be ordered to serve substantive verified responses to all discovery requests within 15 days of service of this order. I would deny sanctions.” On January 12, 2016, Plaintiff's motion was heard before Judge Quidachay in Department 501 of the San Francisco Superior Court. After consideration of the moving and opposing papers, and after hearing oral argument from Benny Martin on behalf of Moving Party, and Katelyn Knight pose] oDERappearing on behalf of Opposing Party the Court hereby adopts the Pro Tem’s recommendation as follows: Plaintiff's Motion to Compel Responses to Discovery and Request for Monetary Sanctions is GRANTED. ~ Defendant Carrie Wilson in Her Capacity as Trustee of The Wilson Family Trust is Ordered to serve within five (5) days of notice of entry of Order objection-free responses to the following discovery requests: Plaintiff's Form Interrogatories, Set One, Nos. 1.1, 2.7, 2.8, 2.9, 2.10, 2.11, 3.2, 3.3, 3.4, 3.5, 3.6, 4.1, 4.2, 11.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 13.1, 13.2, 14.1, 14.2, 15.1, 16.1, 16.2, 16.3, 17.1, 50.1, 50.2, 50.3, 50.4, 50.5, 50.6, Plaintiff's Special Interrogatories, Set One, Nos. 1-35; Plaintiff’s Request for Admissions, Set One, Nos. 1-30; Plaintiff's Request for Production of Documents, Set One, Nos. 1-15. Defendant is ORDERED to perform a reasonably diligent investigation pursuant to C.C.P. § 2030.220. A itt t igatiorentai! ini e Plaintiffs sanction request is denied. a 7 wo al Judge of the Superior Court Approved as to form only: Ie RONALD E. QUIDACHAY Katelyn Knight, Counsel for Defendant The Wilson Family Trust ae SED] ORDERLAW OFFICES OF BENNY MARTIN Benjamin Martin (SBN 257452) 3245 Ge Street San Franciznn impr . PO Box 591477 “anion Corte Sipertor Cour San Francisco, CA 94118 FEB 9 9 2018 Phone: (510) 227-4406 See IK soe nye oy TEN yg Ine Cour Email: knowyourightsinsf@ gmail.com Deputy Cleric Attorneys for Plaintiff Phillip Garcia SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION PHILLIP GARCIA, an individual, Case # CGC-14-538560 Plaintiff, 2 ) 2 vs. peROrosti ORDER ON PLAINTIFF’S MOTION TO COMPEL RESPONSES TO DISCOVERY AND REQUEST FOR } MONETARY SANCTIONS 3¢7 [WO ) d ) CARRIE WILSON, in her capacity as trustee of THE WILSON FAMILY TRUST, et, al., Defendants. Plaintiff's MOTION TO COMPEL RESPONSES TO DISCOVERY AND REQUESTS FOR MONETARY SANCTIONS came before a Judge Pro Tem this court on November 30, 2015 ona regularly noticed motion. The Judge Pro Tem issued his recommendations on Plaintiff's Motion, attached hereto as Exhibit A. The substantive part of the Judge Pro Tem’s recommendation provided: “defendant objected to special interrogs 39 and 40, seeking the addresses of the unserved parties. The defense should have to provide this information if it can reasonably obtained form sources unavailable to defense. ..I would deny sanctions.” On January 12, 2016, Plaintiff's motion was heard before Judge Quidachay in Department 501 of the San Francisco Superior Court. After consideration of the moving and opposing papers, and after hearing oral argument from Benny Martin on behalf of Moving Party, and Katelyn Knight == eo ORDERappearing on behalf of Opposing Party the Court hereby adopts the Pro Tem’s recommendation as follows: Plaintiff's Motion to Compel Responses to Discovery and Request for Monetary Sanctions is GRANTED. ~ Defendant Carrie Wilson in Her Capacity as Trustee of The Wilson Family Trust is Ordered to serve within five (5) days of notice of entry of Order objection-free responses to the following discovery requests: Plaintiff's Form Interrogatories, Set Two, Nos. 1.1, 2.1, 2.5; Plaintiff's Special Interrogatories, Set Two, Nos. 36-41. With regard to Plaintiff's Special Interrogatories Nos. 39 and 40, the contact information and residential addresses of Defendants Erika Markham and Shaun Markham, Defendant is ORDERED If Murchison & Cummings currently has or can obtain the contact information and residential addresses for Defendants Erika Markham and Shaun Markham througit¢ny-of the above-descrited {saeans, that information must be provided in responding to Plaintiff's Special Interrogatories, Set Two Nos. 39, 40. Plaintiff's sanction request is denied. This Order shall take effect immediately- my Honorable Judge of the Superior Court RONALD E. QUIDACHAY Approved as to form only: Ye Katelyn Knight, Counsel for Defendant The Wilson Family Trust [PROPOSED] ORDEREXHIBIT BLAW OFFICES OF BENNY MARTIN Benjamin Martin (SBN 257452) 647 Santa Clara Ave. Venice, CA 90291 Phone: (510) 227-4406 Email: knowyourightsinsf@ gmail.com Attorneys for Plaintiff Phillip Garcia F ae L, of E,,,D County of San Francisco NOY 07 2016 CLERK OF THE COURT A BY. DeputyWlerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION PHILLIP GARCIA, an individual, Plaintiff, vs. CARRIE WILSON, in her capacity as trustee of THE WILSON FAMILY TRUST, SHAUN MARKHAM, an individual, ERIKA MARKHAM, an individual, and ANGELO WILSON, an individual, and DOES 1-20. Defendants. Plaintiff Phillip Garcia’s Motion for Trial Preference came on a regularly noticed motion vem ber 730 AM . before the Court on Gettober 28, 4o16 at $0 a.m. in Department 206 of the above-entitled court, Plaintiff was represented by Benny Martin and Defendant was represented by Dana Tom. Upon consideration of the moving and opposing papers, ) Case No. CGC-14-538560 PLAINTIFF PHILLIP GARCIA’S MOTION FOR TRIAL PREFERENCE Date: November 1, 2016 Time: 9:30 a.m. Department: 206 Complaint Filed: April 10, 2014 Trial Date: = March 27, 2017 eee phon consideration of counsels’ oral argument, . ED the for good cause show, the motion is hereby The: . gs D6 Penkent Conc Ave J niece ted daldaw, TL) FF ( Lt 1S Se Orbend. i [1) Ub Ta LO SF vores STOWART. Pret d ny Tu bu 4 Se Frovito [PROPOSED] ORDER ate Sy prrur Cows.EXHIBIT CLAW OFFICES OF BENNY MARTIN Benjamin Martin (SBN 257452) 647 Santa Clara Ave. Venice, CA 90291 Phone: (510) 227-4406 Email: knowyourightsinsf@ gmail.com Attorneys for Plaintiff Phillip Garcia SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION PHILLIP GARCIA, an individual, Plaintiff, vs. CARRIE WILSON, in her capacity as trustee of THE WILSON FAMILY TRUST, SHAUN MARKHAM. an individual, ERIKA MARKHAM. an individual, and ANGELO WILSON, an individual, and DOES 1-20. Defendants. I, Benny Martin, declare: } Case No. CGC-14-538560 ; DECLARATION OF PLAINTIFF’S ) COUNSEL BENNY MARTIN IN ) SUPPORT OF PLAINTIFF’S REPLY TO ) DEFENDANT’S OPPOSITION TO ) PLAINTIFF’S MOTION FOR LEAVE TO ) FILE A THIRD AMENDED COMPLAINT, ) OR IN THE ALTERNATIVE, TO FILE AN ) AMENDMENT SUBSTITUTING CARRIE WILSON FOR DOE 1 ) ) ) Date: February 8, 2017 ) Time: 9:30 a.m. } Dept: 501 ) ) Trial: March 27, 2017 Date Original Complaint Filed: June 9, 2014) 1. Tam an attorney admitted to practice law in California, a member of the State Bar of California, and retained counsel for Plaintiffs in this case. I have personal knowledge of the matters set forth herein, and if called as a witness, I could competently so testify. 2. On May 21, 2015, 1 wrote to Defendant’s counsel: “please let me know when Ms. Wilson's deposition may occur.” Attached hereto as Exhibit A is a true and correct copy of the May 21, 2015, e-mail. 3. On July 21,2015, 1 wrote to defense counsel: “I am requesting once again deposition dates for The Wilson Family Trust. I see that you are on vacation until August 18. How about the DECLARATION OF BENNY MART IN SUPPORT OF PLAINTIFF GARCIA’S REPLY CaenD 19 20 21 following week? August 19, 20,21, or August 24?” Attached hereto as Exhibit B is a true and correct copy of the July 21, 2015, e-mail. 4. On July 22, 2015, defense counsel responded: “As for my schedule, August is already booked an September is filling up quickly. However, as I said, I will see what Ms. Wilson's schedule looks like before I provide any dates.” Attached hereto as Exhibit C is a true and correct copy of the July 22, 2015, e-mail. 5. On July 28, 2015, 1 wrote to defense counsel: “I don't know what else to do to get a deposition date here. This is the 4th request I have tendered for a deposition date, and the response has consistently been that you will ask Ms. Wilson and get back to me. Is there anything I can do here to help you get a response?” Attached hereto as Exhibit D is a true and correct copy of the July 28, 2015, e-mail. 6. On July 30, 2015, defense counsel replied: “Ms. Carrie Wilson will be available for a deposition on October 20, 21, or 22.” Attached hereto as Exhibit E is a true and correct copy of the July 30, 2015, e-mail. 7. On August 18, 2015, Plaintiff served the first notice of deposition for Carrie Wilson setting for October 20, 2015, along with admission request, form interrogatories, document demands, and special interrogatories. Attached hereto as Exhibit F is a true and correct copy of the August 18, 2015, deposition notice and proof of service of written discovery requests. 8. On September 11, 2015, Plaintiff served a second set of form and special interrogatories on Carrie} Wilson. Attached hereto as Exhibit G is a true and correct copy of the September 11, 2015, discovery requests. 9. On September 17, 2015, defense counsel cancelling the October 2015 deposition, and stated that written discovery would also not be responded to. Attached hereto as Exhibit H is a true and correct copy of the September 17, 2015, e-mail. 10. Deficient discovery responses resulted in Plaintiff's October 16, 2015, and October 23, 2015, motions to compel further responses, both of which were continued on the court’s own motion to January 12,2016. Plaintiff's motions were granted, and Carrie Wilson was ordered to further respond, which she did on February 11, 2016. 11. On January 25, 2016, Plaintiff’s counsel again reached out on a deposition date for Carrie Wilson | On January 26, 2016, defense counsel replied that it would be at least 4 months: “Ms. Carrie DECLARATION OF BENNY MARTIN IN SUPPORT OF PLAINTIFF GARCIA’S REPLY aonD 19 20 21 Wilson is going in for hip replacement surgery the first of February. I will not have a date for yout until we see how she comes out of the surgery and starts her rehabilitation. The projection is about four months, but I do not know right now.” Attached hereto as Exhibit I is a true and correct copy of the January 25,2016, and January 28, 2016, e-mails. 12. Subsequent doctor’s notes excusing Carrie Wilson from being deposed were provided, dated February 23, 2016; March 11, 2016; August 3, 2016; September 20, 2016. Attached hereto as Exhibit J are true and correct copies of the February 23, 2016; March 11, 2016; August 3, 2016; September 20, 2016, doctor’s letters. 13. On November 21 , 2016, I served another notice of deposition for Carrie Wilson, this time, for December 14, 2016. Attached hereto as Exhibit K is a true and correct copy of the December 14, 2016, deposition notice. 14. On December 7, 2016, Defense counsel once more cancelled the December 7, 2016, deposition. Attached hereto as Exhibit L is a true and correct copy of the December 7, 2016, e-mail. 15. Carrie Wilson in her capacity as Trustee propounded hundreds of written discovery request upon Plaintiff. On December 30, 2016, Defense counsel e-mailed me a meet and confer letter related to Plaintiff’s responses to said written discovery indicating that Plaintiff was required to respond as to Carrie Wilson in her individual capacity. A true and correct copy of the December 30, 2016, meet and confer letter is attached hereto as Exhibit M. 16. Plaintiff waived the discovery cut off, offered to have this motion heard on shortened time, has agreed to sit for an additional deposition, and significantly, I suggested to defense counsel in December 2016 that discovery should be propounded as to Carrie Wilson’s individual liability. Exhibit N. Ml DECLARATION OF BENNY MARTIN IN SUPPORT OF PLAINTIFF GARCIA’S REPLY [aonD 19 20 21 17. On July 28, 2014, this Court entered an order overruling Defendant Angelo Wilson’s demurrer to the extent he attempted to argue res judicata on behalf of another defendant (Defendant The Wilson Family Trust). A true and correct copy of the Court’s July 28, 2014, Order is attached hereto as Exhibit O. I declare under the penalty of perjury that the foregoing is true and correct under the laws of the State of California. Executed in Riga, Latvia on January 31, 2017 LAW OFFICES OF BENNY MARTIN By: Benny Martin Attorney for Plaintiff Garcia DECLARATION OF BENNY MARTIN IN SUPPORT OF PLAINTIFF GARCIA’S REPLY CaeEXHIBIT AGmail - Notice of Service of Publication; Carrie Wilson in her Capacity as Trustee 1/31/17, 3:54 PM M1 Gmail Notice of Service of Publication; Carrie Wilson in her Capacity as Trustee Benny Martin Thu, May 21, 2015 at 7:32 PM To: "Joyce E. Clifford" Joyce: This email is to give you notice that we have commenced service of Ms. Wllson by publication. As Ms. Wilson's attorney, it is my hope that this email will prompt your filing of a first responsive pleading on Ms. Wilson's behalf. As you may know, after the summons and complaint are served and the time to respond has expired, the statutory requirement for giving further notice is restricted to the Statement of Damages and the Request for Entry of Default. (CCP§425.11). We are serving the statement of damages also by publication. Accordingly, the next notice you will receive from my office regarding Ms. Wilson is a Request for Entry of Default, which I will serve by mail on your office. My concern is that my the time the Request for Default is received and reviewed by you, default will have already been entered. On a related matter, please let me know when Ms. Wilson's deposition may occur. Regards, Benny Martin Law Offices of Benny Martin 195 41st Street P.O. Box 11120 Oakland, CA 94611 Phone: 510.227.4406 knowyourrightsinsf@gmail.com Confidentiality Notice: This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any attachments, may contain confidential attorney-client privileged information and attorney work product. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. Please contact me immediately by return e-mail and destroy the original transmission and its attachments without reading or saving in any manner. https://mail.google.com/mail/uj2/?ui=2&ik=ea02e2c4288view=pt&q=...qs=true&search=query&msg=14d7751e1a458044&simi=14d7751e1a458044 Page 1 of 1EXHIBIT BGmail - Notice of Service of Publication; Carrie Wilson in her Capacity as Trustee 1/31/17, 3:57 PM M™1 Gmail Notice of Service of Publication; Carrie Wilson in her Capacity as Trustee Benny Martin Tue, Jul 21, 2015 at 11:58 PM To: Joyce Clifford Joyce: | hope this email finds you well. | am requesting once again deposition dates for The Wilson Family Trust. | see that you are on vacation until August 18. How about the following week? August 19, 20, 21, or August 24? Please let me know. Benny Martin Law Offices of Benny Martin 195 41st Street P.O. Box 11120 Oakland, CA 94611 Phone: 510.227.4406 knowyourrightsinsf@gmail.com Confidentiality Notice: This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any attachments, may contain confidential attorney-client privileged information and attorney work product. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. Please contact me immediately by return e-mail and destroy the original transmission and its attachments without reading or saving in any manner. [Quoted text hidden] https://mail.google.com/mail/u/2/2ui=2&ik=ea02e2c428&view=pt&q=...qs=true&search=query&nsg=14eb269620914cf3&simi=14eb269620914c13 Page 1 of 1EXHIBIT CGmail - Notice of Service of Publication; Carrie Wilson in her Capacity as Trustee 1/31/17, 4:01 PM M1 Gmail Notice of Service of Publication; Carrie Wilson in her Capacity as Trustee Joyce Clifford Wed, Jul 22, 2015 at 12:38 AM To: Benny Martin Cc: "Matthew K. Wisinski" Benny, I will check with Ms. Carrie Wilson. The depostion will have to take place in Georgia, near her home. She cannot travel long distances and she cannot sit for long periods of time. I would say that a deposition could not last more than two hours at a time. She is an elderly woman with mobility problems. Further, her deposition is unlikely to provide any useful information for this case, she knows next to nothing about the events. Her husband was dying at the time that the unlawful detainer action was going on and she was spending her time at the hospital. As for my schedule, August is already booked and September is tilling up quickly. However, as | said, I will see What Ms. Wilson's schedule looks like before I provide any dates. Joyce Clifford Joyce Clifford Gd MURCHISON rs jdlifford@murchisontaw.com 415-524-4300 Phone 415.391.2058 Fax 275 Battery Street Suite 550 San Francisco CASI BUAS View my vCard www.murchisonlaw.com CONFIDENTIALITY NOTE: This communication contains information belonging to Murchison & Cumming LLP which is confidential and/or legally privileged, The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby https://mail.google.com/mail/u/2/?ui=2&ik=ea02e2c4 288view=pt&q=..s=true&search=query&msg=14eb28dc8e73b6be&simI=14eb28dcBe73b6be Page 1 of 2EXHIBIT DGmail - Notice of Service of Publication; Carrie Wilson in her Capacity as Trustee 1/31/17, 4:04 PM M1 Gmail Notice of Service of Publication; Carrie Wilson in her Capacity as Trustee Benny Martin Tue, Jul 28, 2015 at 1:21 AM To: Joyce Clifford Hi Joyce: | hope this email finds you well. | am once more requesting a deposition date for the trustee of the Wilson Family Trust. If nothing has changed, we believe this to be Carrie Wilson, who has been served by publication. | don't know what else to do to get a deposition date here. This is the 4th request | have tendered for a deposition date, and the response has consistently been that you will ask Ms. Wilson and get back to me. Is there anything | can do here to help you get a response? The issue of course is that at some point, | will have to ask for court intervention to compel a deposition date. That's expensive and silly. So can you please get back to me regarding a deposition date? Thank you. Benny Martin Counsel for Plaintiff Garcia Law Offices of Benny Martin 195 41st Street P.O. Box 11120 Oakland, CA 94611 Phone: 510.227.4406 knowyourrightsinsf@gmail.com Confidentiality Notice: This communication constitutes an electronic communication within the meaning of the Electronic Communications Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender of this message. This transmission, and any attachments, may contain confidential attorney-client privileged information and attorney work product. If you are not the intended recipient, any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. Please contact me immediately by return e-mail and destroy the original transmission and its attachments without reading or saving in any manner. [Quoted text hidden] https://mail.google.com/mail/u/2/?ui=2&ik=ea02e2c428&view=pt&q=...qs=true&search=query&msg=14ed19b94e7e95aB&simn|=14ed19b94e7e95a8 Page 1 of 1EXHIBIT EGmail - Notice of Service of Publication; Carrie Wilson in her Capacity as Trustee 1/31/17, 7:04 PM M1 Gmail Notice of Service of Publication; Carrie Wilson in her Capacity as Trustee Joyce Clifford Thu, Jul 30, 2015 at 1:07 AM To: Benny Martin Mr. Martin, Ms. Carrie Wilson will be available for a deposition on October 20, 21. or 22, The best place for the deposition will be in Dublin, GA. Ms. Wilson cannot sit for extended periods of time and will leave the deposition when it becomes uncomfortable for her to sit or she gets tired. Joyce Clifford Joyce Clifford EE MURCHISON eres jolifford@murchisontaw.com 415-489-4798 Phone 415.391.2068 Fax 275 Battery Street Suite 550 San Francisco SAN FRAS cAg4tIt : § View my vCard www.murchisonlaw.com CONFIDENTIALITY NOTE: This communication contains information belonging to Murchison & Cumming LLP which is confidential and/or legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of said information is strictly prohibited. If you have received this communication by error, please delete it from your computer and notify us immediately. From: Benny Martin [mailto:knowyourrightsinsf@gmail.com] Sent: Monday, July 27, 2015 3:22 PM [Quoted text hidden] [Quoted text hidden] https://mail. google .com/mail/u/2/?ui=2&ik=ea02e2c4 28&view=pt&aq...22.%20&search=query&amsg=14edbdb79d749c45asimi=14edbdb79d749045 Page 1 of 1EXHIBIT FLAW OFFICES OF BENNY MARTIN Benjamin Martin (SBN 257452) 195 41st Street P.O. Box 11120 Oakland, CA 94611 Phone: (415) 558-1760 Email: knowyourightsinsf@ gmail.com Attorneys for Plaintiff Phil Garcia SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION PHILLIP GARCIA, an individual, Case No. CGC-14-538560 ) ) Plaintiff, } NOTICE OF DEPOSITION OF ) DEFENDANT CARRIE WILSON IN vs. ) HER CAPACITY AS TRUSTEE OF ) THE WILSON FAMILY TRUST ANGELO WILSON, an individual, et. al. } ) Date: October 20, 2015 ) Time: 1:00 p.m. ) Location: Dublin GA (Address unknown ) until Plaintiff is provided a description of ) the reasonable accommodations the deponent requires) Defendants. TO DEFENDANT AND HIS ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that pursuant to Cal. Code of Civ. Proc. § 2025 et seq. on October 20, 2015 beginning at 1:00 p.m. Plaintiff will take the deposition of Defendant CARRIE WILSON IN HER CAPACITY AS TRUSTEE OF THE WILSON FAMILY TRUST, at an address to be determined in Dublin GA, before a duly qualified officer who is authorized to administer oaths in the State of California. The deposition will continue from day to day until complete, and shall be taken before a certified stenographic reporter. Pursuant to Cal. Code of Civ. Proc. § 2025.510, this deposition may be video recorded by a qualified operator, which may be used as evidence at trial. Pursuant to Cal. Code of Civ. Proc. § 2025.220(a)(5), this deposition may be recorded through the instant visual display of testimony. -1- NOTICE OF DEPOSITION OF DEFENDANT CARRIE WILSON IN HER CAPACITY AS TRUSTEE OF THE WILSON FAMILY TRUSTCal. Code of Civ. Proc. § 2025.280(a) requires “any deponent who is a party to the action... to attend and to testify, as well as to produce any document or tangible thing for inspection and copying.” Accordingly, Plaintiff hereby demands that Defendant/Deponent produce the following documents for inspection and copying. DEFINITIONS The following definitions are incorporated by reference into each and every Request hereinafter set forth without the necessity of further reference: The term “WRITING” refers to papers, books, records, files, letters, memoranda, contracts, invoices, change/modification orders, photos, tapes, or anything upon which any handwriting, typing printing, computer printing, photostatic copies, magnetic or electrical impulse or any other form of communication is recorded or reproduced and includes anything covered by Section 250 of the California Evidence Code. The term “DOCUMENT” shall mean all written or graphic materials, however produced or reproduced, in your actual or constructive possession, care, custody, or control or of any of the employees or agents or related public entities, enumerated under “document request”, including but not limited to files, letters, contract, agreements, telegrams, memoranda, notes, reports, applications, correspondence, sound recordings or tapes of any conversation or meeting or conference, minutes of meetings, handwritten memorandums or notes, interoffice communications, summaries, logs, or any other printed, typewritten or handwritten material or any nature similar to the foregoing, however denominated, including all drafts and carbon or photographic copies of any such materials. The term “RELATING TO” or “REGARDING” shall mean comprising, stating, describing, summarizing, explaining, mentioning or otherwise having a connection with. The phrases “EVIDENCE, REFLECT, REFER TO, PERTAIN TO, REGARDING or RELATE TO” shall mean mentioning, describing, discussing, memorializing, concerning, constituting, consisting of, supporting, refuting, containing, evidencing, reflecting, depicting in any way, directly or indirectly, the subject-matter of a particular request set forth herein below. The term “COMMUNICATION” shall mean any transfer of information, whether written, oral, via e-mail, or by any other means. The term “ADVERTISEMENT” means any public notice, announcement, price quote, offer or incentive, contained in any newspaper, phone book, magazine, periodical, handbill, flyer, billboard or other source of media, made available to the public, for the purposes of selling the -2- NOTICE OF DEPOSITION OF DEFENDANT CARRIE WILSON IN HER CAPACITY AS TRUSTEE OF THE WILSON FAMILY TRUSTbuilding in which subject premises is located at 1665 Hayes Street, San Francisco, CA (“SUBJECT PREMISES”) REQUEST#1 DOCUMENTS showing the mailing and residential address of Shaun Markham. REQUEST#2 DOCUMENTS showing the mailing and residential address of Erika Markham. DATE: August 11, 2015 Benny Martin, Attorney for Plaintiff Sagoo NOTICE OF DEPOSITION OF DEFENDANT CARRIE WILSON IN HER CAPACITY AS TRUSTEE OF THE WILSON FAMILY TRUSTPROOF OF SERVICE I, BENNY MARTIN, declare as follows: I reside in the United States, am over the age of eighteen years and not a party to the within entitled action. I am not a registered California process server. I work at 195 41st Street P.O. Box 11120 Oakland, CA 94611. On August 18, 2015, I served the attached: 1. NOTICE OF DEPOSITION OF DEFENDANT CARRIE WILSON IN HER CAPACITY AS TRUSTEE OF THE WILSON FAMILY TRUST; 2. PLAINTIFF PHILLIP GARCIA’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE; 3. PLAINTIFF PHILLIP GARCIA’S SPECIAL INTERROGATORIES, SET ONE 4. FORM INTERROGATORIES - GENERAL; 5, PLAINTIFF PHILLIP GARCIA’S REQUEST FOR ADMISSIONS, SET ONE. on the interested parties in said action: MURCHISON & CUMMING, LLP 275 BATTERY ST, STE. 550 SAN FRANCISCO, CA 94111 And served the named document in the manner indicated below: BY MAIL: I caused true and correct copies of the above documents, by following ordinary business practices, to be placed and sealed in envelope(s) addressed to the addresses(s), at the United States Postal Service mail box on the corner in Oakland for the collection and mailing with the United States Postal Service, and in the ordinary course of business, correspondence placed for collection on a particular day is deposited with the United States Postal Service that same day. I declare under the penalty of perjury under the laws of the state of California that the foregoing is true and correct. Executed August 18, 2015 at Oakland, California. BENNY MARTIN Sages NOTICE OF DEPOSITION OF DEFENDANT CARRIE WILSON IN HER CAPACITY AS TRUSTEE OF THE WILSON FAMILY TRUSTEXHIBIT GLAW OFFICES OF BENNY MARTIN Benjamin Martin (SBN 257452) 195 41st Street P.O. Box 11120 Oakland, CA 94611 Phone: (510) 227-4406 Email: knowyourightsinsf@ gmail.com Attorneys for Plaintiff Phil Garcia SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION PHILLIP GARCIA, an individual, } Case No. CGC-14-538560 Plaintiff, } PLAINTIFF PHILLIP GARCIA’S ) Seat INTERROGATORIES, SET vs. )T ) ANGELO WILSON, an individual, et. al. } ) ) Defendants. } ) PROPOUNDING PARTY: Plaintiff: PHILLIP GARCIA RESPONDING PARTY: Defendant: CARRIE WILSON in her capacity as trustee of THE WILSON FAMILY TRUST SET NUMBER: TWO (2) YOU ARE HEREBY REQUESTED under California Code of Civil Procedure Section 2031.210 et seq. to respond to these Interrogatories. You must serve a verified response within thirty days from service. Pursuant to Code of Civil Procedure Sections 2033.010 to 2033.420, Plaintiff requests that you admit truth of facts set out below. Cea PLAINTIFF PHILLIP GARCIA’S SPECIAL INTERROGATORIES, SET TWOINSTRUCTIONS 1. In responding to these interrogatories, you are required to answer as clearly, completely and in as straightforward a manner as possible by utilizing all information that is known or is reasonably available, including information that is in the possession and/or control of your attorneys, agents, employees, investigators, or others, and not merely such information as is within your personal knowledge. If you cannot answer in full, after exercising due diligence to secure the information, answer as fully as reasonably possible and clearly qualify the part of the request you cannot answer. DEFINITIONS The following definitions are incorporated by reference into each and every special interrogatories hereinafter set forth without the necessity of further reference: As used throughout this notice, the term “WRITING” refers to papers, books, records, files, letters, memoranda, contracts, invoices, change/modification orders, photos, tapes, or anything upon which any handwriting, typing printing, computer printing, photostatic copies, magnetic or electrical impulse or any other form of communication is recorded or reproduced and includes anything covered by Section 250 of the California Evidence Code. The term “DOCUMENT” shall mean all written or graphic materials, however produced or reproduced, in your actual or constructive possession, care, custody, or control or of any of the employees or agents or related public entities, enumerated under “document request”, including but not limited to files, letters, contract, agreements, telegrams, memoranda, notes, reports, applications, correspondence, sound recordings or tapes of any conversation or meeting or conference, minutes of meetings, handwritten memorandums or notes, interoffice communications, summaries, logs, or any other printed, typewritten or handwritten material or any nature similar to the foregoing, however denominated, including all drafts and carbon or photographic copies of any such materials. The term “RELATING TO” or “REGARDING” shall mean comprising, stating, describing, summarizing, explaining, mentioning or otherwise having a connection with. The phrases “EVIDENCE, REFLECT, REFER TO, PERTAIN TO, REGARDING or RELATE TO” shall mean mentioning, describing, discussing, memorializing, concerning, constituting, consisting of, supporting, refuting, containing, evidencing, reflecting, depicting in any way. directly or indirectly, the subject-matter of a particular request set forth herein below. As used herein, the term “COMMUNICATION” shall mean any transfer of information, Looe PLAINTIFF PHILLIP GARCIA’S SPECIAL INTERROGATORIES, SET TWOwhether written, oral, via e-mail, or by any other means. As used herein, the term “PERSON” and “PERSONS” include, but are not limited to, natural persons, firms, associations, organizations, partnerships, joint ventures, businesses, trusts, corporations, and every other form and kind of private or public entity. As used herein, the terms, “AND,” “OR,” “ANY,” “ALL” shall be construed either disjunctively or conjunctively as necessary to bring within the scope of the request all responses, DOCUMENTS, and other tangible things that might otherwise be construed to be outside its scope. As used herein, the term, “IDENTIFY,” in the context of an event, communication (in person oral or written) or occurrence shall be construed to mean: describe the date, location, nature, and parties to event, communication or occurrence. As used herein, the term, “IDENTIFY,” in the context of a document shall be construed to mean: describe the document, the name or title of the document, the date of the document and the date it was prepared; the name of each person who authored, dictated, originated, signed or otherwise prepared the document and each person who was an intended or actual recipient thereof; the general subject matter of the document ant the present location and custodian of the document. As used herein, the term, “IDENTIFY,” in the context of a witness or person shall be construed to mean: list the name, telephone number, email address, fax number, mailing address, and residential address. As used herein, the singular shall include and refer to the plural, and the plural shall include and refer to the singular. As used herein, “SUBJECT PREMISES” shall refer to 1665 Hayes Street, San Francisco, California, and to the building in which 1665 Hayes Street, San Francisco, California is located and all other units therein. As used herein, “YOU” or “YOUR?” shall refer to Carrie Wilson in her Capacity as Trustee of The Wilson Family Trust, and its officers, directors, owners, attorneys, agents, employees, and investigators. INTERROGATORY NO. 36 State the address of each and every parcel of real property THE WILSON FAMILY TRUST owns or owned in any state, county, or country. INTERROGATORY NO. 37 State the address of each and every parcel of real property YOU own or owned in any state, county, or country. Laos PLAINTIFF PHILLIP GARCIA’S SPECIAL INTERROGATORIES, SET TWOINTERROGATORY NO. 38 State your current mailing and residential address, and state all your mailing and residential addresses within the past 5 years. INTERROGATORY NO. 39 State the telephone number, mailing address, and residential address of Erika Markham. INTERROGATORY NO. 40 State the telephone number, mailing address, and residential address of Shaun Markham. INTERROGATORY NO. 41 Describe each and every medical condition or diagnosis you have received that will interfere with your ability to sit for a deposition or appear at trial in this matter in San Francisco Superior Court. DATE: September 11, 2015 LAW OFFICES OF BENNY MARTIN. Benny Martin, Attorney for Plaintiff Coq PLAINTIFF PHILLIP GARCIA’S SPECIAL INTERROGATORIES, SET TWOPROOF OF SERVICE I, BENNY MARTIN, declare as follows: I reside in the United States, am over the age of eighteen years and not a party to the within entitled action. I am not a registered California process server. I work at 195 41st Street P.O. Box 11120 Oakland, CA 94611. On September 11,2015, I served the attached: 1. PLAINTIFF PHILLIP GARCIA’S SPECIAL INTERROGATORIES, SET TWO; 2. FORM INTERROGATORIES, SET TWO 3. DECLARATION FOR ADDITIONAL DISCOVERY. on the interested parties in said action: MURCHISON & CUMMING, LLP 275 BATTERY ST, STE. 550 SAN FRANCISCO, CA 94111 And served the named document in the manner indicated below: BY MAIL: I caused true and correct copies of the above documents, by following ordinary business practices, to be placed and sealed in envelope(s) addressed to the addresses(s), at the United States Postal Service mail box on the corner in Oakland for the collection and mailing with the United States Postal Service, and in the ordinary course of business, correspondence placed for collection on a particular day is deposited with the United States Postal Service that same day. I declare under the penalty of perjury under the laws of the state of California that the foregoing is tru and correct. Executed September 11, 2015 at Oakland, California. BENNY MARTIN Lees PLAINTIFF PHILLIP GARCIA’S SPECIAL INTERROGATORIES, SET TWOEXHIBIT HGmail - Notice of Service of Publication; Carrie Wilson in her Capacity as Trustee 1/31/17, 4:13 PM M1 Gmail Notice of Service of Publication; Carrie Wilson in her Capacity as Trustee Joyce Clifford Thu, Sep 17, 2015 at 1:58 AM To: Benny Martin Mr. Martin, Ms. Wilson is the only one left who has any knowledge of the trust. There does not appear to be any other possible trustee. Ms. Wilson has a detached Retina and will be undergoing surgery at the end of this month. I will get a note from her doctor concerning her condition. She will not be able to attend a deposition until after such time as her vision has recovered. In addition, she recently fell and has a hip injury. I believe she is taking pain medication and iis not in any condition to respond to discovery at this time. I am asking for the same courtesy I provided to you in responding to discovery. There are outstanding discovery requests that are due on September 24, 2015. I would ask for a least a month in order to respond. I know that I gave you something like two or three months to respond to discovery. We willl respond to discovery and we will produce Ms. Wilson for her deposition, but we will need more time. Joyce Clifford Joyce Clifford MURCHISON | ims jeliford@murchisonlaw.com 415-524-4300 Phone *NGELEE 415.391.2058 Fax 275 Battery Street Suite 550 San Francisco CASI View my vCard www.murchisonlaw.com https://mail.google.com/mail/uj2/2ui=2&ik=ea02e2c4288view=pt&q=...s=true&search=query&msg=14fd861C24tb4bS6&sim|=14fd861c241b4b56 Page 1 of 24EXHIBIT |Gmail - RE: Trustee Deposition (Garcia v. Wilson) 36052 1/31/17, 4:30 PM M1 Gmail RE: Trustee Deposition (Garcia v. Wilson) 36052 Joyce Clifford Tue, Jan 26, 2016 ai 1:42 AM To: Benny Martin , "Katelyn M. Knight" Cc: "Matthew K. Wisinski" Benny, Ms. Carrie Wilson is going in for hip replacenient surgery the first of February. | will not have a date for you until we see how she comes out of the surgery and starts her rehabilitation. The pr but I do not know righ about four months, yecuon Joyce Clifford Joyce Clifford EE MURCHISON | #eres jcliford@murchisontaw.com 415-524-4300 Phone 415.391.2058 Fax 275 Battery Street Suite 850 San Francisco cCAg4t View my vCard www.murchisonlaw.com CONFIDENTIALITY NOTE: This communication contains information belonging to Murchison & Cumming LLP which is confidential and/or legally privileged, The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of said information is strictly prohibited. If you have received this communication by error, please delete it from your computer and notify us immediately. From: Benny Martin [mailto:knowyourrightsinsf@gmail.com] Sent: Monday, January 25, 2016 3:32 PM To: Katelyn M. Knight; Joyce Clifford Subject: Trustee Deposition https://mail.google.com/mail/uj2/?ui=2&ik=ea02e2c4 288view=pt&q=...qs=true&search=query&msg=1527b2ad0cc22918&siml=1527b2ad0cc22918 Page 1 of 2Gmail - RE: Trustee Deposition (Garcia v. Wilson) 36052 1/31/17, 4:30 PM Hello: Touching base again on a good deposition date for the Trustee. How is February 23 or February 26? Sent from Gmail Mobile https://mail. google .com/mail/u/2/?ui=2&ik=ea02e2c4288view=pt&q=...s=true&search=query&msg=1527b2ad0cc22918&simI=1527b2ad0cc22918 Page 2 of 2EXHIBIT J42/23/2016 16:52 4788271973 BROWN FAMILY PRACTIC PAGE 81/81 Brown Family Practice, LLC Crystal L. Brown MD 701 BLUE BIRD BLVD Fort Valley, GA 31030-5085 (478) 827-1971 Feb 23, 2016 Patient information: CARRIE WILSON 227 APPLING DR Roberta, GA 31078 DOB: 08/25/1931 To whom it may concern: This letter is concerning CARRIE WILSON. She has been my patient 2006. | have seen her numerous times and am familiar with her medical history and the current state of her health. She is eighty-four years old. She has a history of osteoarthritis, degenerative disc disease, and osteoporosis. Her mobility difficulties have increased with her age. She has decreased range of motion and pain in the hips, ankles, and feet worse with weightbearing, In addition, she has degenerative disc disease in the thoracic-lumbar spine which makes it difficult for her to stand erect. She had hip surgery on February 3, 2016. After surgery she was given narcotic pain medication which causes sedation. She will not be able to focus and give the best testimony due to the pain medication. She is also undergoing post-op rehabilitation. She will have difficulty standing for long distances, walking for prolonged distances, climbing stairs, and prolonged sitting. Sincerely, “oO Crystal L! Brown MDF 3/15/2016 10:38 Middle Georgia Ortho Lori Stokes>Dana Tom 1/1 P Jeffrey Jarvett, M.D. ZB K. Scott Malone, M.D, William B. Wiley, M.D. Jeffrey C, Fasom, 0,0, ty, PAC rly Crook, NP-C Jason Lunsford, PAC MIDDLE GEORGIA Dates ML Bani, M.D. RTHOPAEDIC Surgery & Sports Medicine Sane wk ese at iene ‘Taunya Hoffman, I Guy C. Jones, PA-C. Date: 3/11/2016 To Whom It May Concern: Please be advised that Carrie M Wilson is/has been under my orthopedic care for right hip. [7 was seen in office for appointment today. [~ should not participate in physical education activities until [may participate in physical education activities with the following restrictions: [= may return to work on may retum to school on f= should not return to work until should not return to school until [™ restrictions: ¥ is unable to travel has metal implant and is unable to pass through security scanning device fis unable to participate in jury duty. Patient is excused for weeks; months; permanently. Part #: . (Physician must sign this form) itis of medical necessity that the above patient be eligible for must use elevator Other: Patient had surgery to rt hip, Right total hip arthroplasty, done on 2/3/2016. Patient will not be able to travel long distances for at least months to one year post op pending recovery. Patient will not be able to sit for long periods for at least 3-6 months post op pending recovery. D.Likey William 6. Wiley, M.0. William B. Wiley, M.D. Attending Physician This document has been dig!68/03/2016 17:56 4788271973 BROWN FAMILY PRACTIC PAGE 61/81 Brown Family Practice, LLC Crystal L. Brown MD 701 BLUE BIRD BLVD Fort Valley, GA 31030-5085 (478) 827-1971 Aug 3, 2016 Patient information: CARRIE WILSON DOB: 08/25/1931 To whom it may concern: This letter is concerning CARRIE WILSON. She has developed a severe case of zoster (shingles). Since shingles is contagious to people who have not been exposed to chickenpox, | recommend that she not be around people. In addition, because of the severity of the case, she has become weak. It will be several months before she is strong enough to travel. a Math) Crystal‘L. Brown MD Sincerely,9/20/2016 13:38 4788271973 BROWN FAMILY PRACTIC PAGE 42/82 Brown Family Practice, LLC Crystal L. Brown MD 701 BLUE BIRD BLVD Fort Valley, GA 31030-5085 (478) 827-1971 Sep 20, 2016 Patient information: CARRIE WILSON DOB: 08/25/1931 To whom it may concern: This letter is concerning CARRIE WILSON. She has developed a severe case of zoster (shingles). Since shingles is contagious to people who have not been exposed to chickenpox, | recommend that she not be around people. In addition, because of the severity of the case, she has became weak. She also has severe degenerative disc disease in lumbar spine which impacts her ability to move around. It will be several months before she is strong enough to travel. Sincerely, Crystal‘L. Brown MD Mh 2)EXHIBIT KLAW OFFICES OF BENNY MARTIN Benjamin Martin (SBN 257452) 657 Santa Clara Ave. Venice CA, 90291 Phone: (510) 227-4406 Email: knowyourightsinsf@ gmail.com Attorneys for Plaintiff Phil Garcia SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION PHILLIP GARCIA, an individual, Case No. CGC-14-538560 ) ) Plaintiff, } NOTICE OF DEPOSITION OF ) CARRIE WILSON