Preview
Matthew K. Wisinski (SBN 195535)
Joyce E. Clifford (SBN 197654)
Katelyn M. Knight (SBN 264573) ELECTRONICALLY
MURCHISON & CUMMING, LLP FILED
275 Battery Street, Suite 550 Superior Court of California,
San Francisco, California 94111 County of San Francisco
Telephone: (415) 524-4486 APR 09 2015
(415) 524-4905 Clerk of the Court
Facsimile: (415) 391-2058 BY: MICHAEL RAYRAY
E-Mail: mwisinski@murchisonlaw.com Deputy Clerk
jclifford@murchisonlaw.com
kknight@murchisonlaw.com
Attorneys for Defendants ANGELO WILSON
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
PHILLIP GARCIA, CASE NO. CGC-14-538560
Plaintiff, DECLARATION OF KATELN M. KNIGHT
IN SUPPORT OF MOTION TO COMPEL
vs. FURTHER RESPONSES TO
DISCOVERY
CARRIE WILSON, in her capacity as
trustee of THE WILSON FAMILY TRUST, | Date: May 14, 2015
SHAUN MARKHAM, ERIKA MARKHAM, Time: 9:30 a.m.
and ANGELO WILSON, and DOES 1-20, Dept. 510
Defendants. Action Filed: April 10, 2014
Trial Date: None Set
|, Katelyn M. Knight, declare and state:
lam an attorney-at-law licensed to practice in the State of California and | am an
associate with Murchison & Cumming LLP, counsel of record herein for ANGELO WILSON.
1 am one of the attorneys at our firm responsible for handling the defense of this matter on
behalf of ANGELO WILSON, and, on this basis, and upon such other bases set forth below,
| have personal knowledge of the matters set forth in this Declaration, except where stated
on information and belief, and could and would competently testify to them under oath if
called as a witness.
1. seen
DECLARATION OF KATELYN M. KNIGHT IN SUPPORT OF MOTION TO COMPEL FURTHER
RESPOSNES TO DISCOVERYoo ON OOH PB BOOB
4. On November 25, 2014, Defendant ANGELO WILSON propounded his first
set of form interrogatories, special interrogatories, and inspection demands on Plaintiff
PHILLIP GARCIA. True and correct copies form interrogatories and special interrogatories
are attached hereto as Exhibits A and B respectively. Following multiple extensions,
Plaintiff served responses on February 12, 2015, however the responses were unverified
and no documents were produced. True and correct copies of Plaintiff's responses to
Defendant's form interrogatories and special interrogatories are attached hereto as Exhibits
C and D respectively.
2. On February 27, 2015, my colleague Joyce Clifford sent a very detailed meet
and confer letter to Plaintiffs counsel outlining each deficient discovery response. A true
and correct copy of that letter is attached hereto as Exhibit E. Plaintiff did not reply to this
letter, but instead issued amended responses on March 6, 2015. True and correct copies of
Plaintiff's amended responses to Defendant's form interrogatories and special
interrogatories are attached hereto as Exhibits F and G respectively.
3. My office received Plaintiffs document production on March 17, 2105. After
reviewing Plaintiff's documents, my colieague Joyce Clifford discovered that the production
included Plaintiff's witness list for trial in the unlawful detainer action. The list includes 30
witnesses, none of whom are identified in Plaintiffs discovery responses. A true and correct
copy of Plaintiff's list of trial witnesses submitted in the unlawful detainer action is attached
hereto as Exhibit H.
4. Il spent approximately $1,650 drafting the instant motion (approximately 10
hours at $165/hour). | anticipate spending an additional 5 hours to draft any reply and
attend any hearing for a total of $2,475.
5. This motion was initially noticed for hearing on April 30, 2015 at 9:00 a.m. in
Department 501. The motion was submitted for filing on April 3, 2015. On April 8, 2015, |
received an e-mail notice indicating that the filing had been rejected. The rejection notice
included the following comment: "Dept 501 motions are held at 9:30 am." A true and correct
copy of the rejection notice is attached hereto as Exhibit |.
gle < ne pare
BECLARATION OF KATELYN M. KNIGHT IN SUPPORT OF MOTION TO COMPEL FURTHER
RESPOSNES TO DISCOVERYt declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed this 9th day of April, 2015, at San Francisco, California.
a
Lge LeEXHIBIT AATTORNEY OF PARTY WITHOUT ATTORNEY (Name, Stale Bar number, anc adtiness):
MURCHISON & CUMMING, LLP
275 Battery Streei, Suite 650
San Francisco, California 94411
revemnone no (416) 524 4300
FAX NO. fOptionay, (415) 384 2058
sxrronuey ron Wem). ANGELO WILSON
Matthew K. Wisinski (SBN 19553) Joyce &. Clifford (SBN 197654)
E-MAIL, ADDRESS (Oproney: Twisinski@murchisonlaw.com; jclifford@murchisoniaw.com
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
SHORT TITLE OF GASE,
PHILLIP GARCIA v. CARRIE WILSON, ET. AL.
Asking Party: ANGELO WILSON
Answering Party: PHILLIP GARCIA
. Set No. ONE
FORM INTERROGATORIES—-GENERAL
[ cs nen
CGC-14-638560
Sec. t. Instructions to All Parties
{a} Interrogatories are written questions prepared by a party
to an action that are sent te any other party in the action to be
answered under oath, The interrogatories below are form
interrogatories approved for use in civil cases.
(b) For time limitations, requirements for service on other
parties, and other details, see Code of Civil Procedure
sections 2090.010-2030.416 and the cases construing those
sections.
(c) These form interrogatories do not change existing Jaw
telating fo interrogatories nor do they affect an answering
party's rignt to assert any privilege or make any objection.
Sec. 2, Instructions to the Asking Party
(a) These interrogatories are designed for optional use by
parties in unlimited civil cases where the amount demanded
exceeds $25,000. Separate interrogatories, Farm
interrogatories—Limited Civit Cases (Economic Litigation)
orm DISC-004), which have no subparts, are designed for
use in fimited civil cases where the amount demanded is
$25,000 or less; however, those [nterrogatories may alse be
used in unfimited civil cases,
(b) Check the box next to each interrogatory that you want
the answering party to answer, Use care in choosing those
interrogatories that are applicable to the case,
éc} You may insert your own definition of INCIDENT in
Section 4, bul only where the action arises from a course of
conduct or a series of events occurring over a period of time.
(d) The interrogatories in section 16,0, Defendant's
Contentions-Personal injury, should not be used untif the
defendant has had a reasonabie opportunity to conduct an
investigation or discovery of plaintiffs injuries and damages.
(@} Additional interrogatories may be attached.
Sec. 3. Instructions to the Answering Party
(a) An answer or other appropriate response must be
given fo each interrogatory checked by the asking party.
(p) As a general rule, within 30 days after you are served
with these interrogatories, you must serve your responses on
(c) Each answer must be as complete and straightfonward
as the information reasonably available to you, including the
information possessed by your attorneys ora
an interrogatory cannot be answered completely, ans
the extent possible,
(d) you do oot have enough personal knowledge to fully
answer an interrogatory, say so, put make a reasonabie ard
good faith effort to get the information by asking other persons
or organizations, unless the information is equally avaitabt
the asking party.
(e) Whenever an interrogatory may be answered by
referring to a document, the docurnent may be attached as an
exhibit to the rasponse and referred te in the response. If the
document has more than one page, refer to the page and
section where the answer to ihe intorrogatory can bs found.
Whenever an addrase and telephone number for tie
same person are requested in more than one merrogatory,
you are raquired te furnish thers in answering eniy the first
interrogatory asking for that information.
(g) Ifyou are asserting a privilege or making an objection to
an interrogatory, you must specifically assert the pevile
state the objection in your written response.
(h) Your answers to these interrogaterles must be verified,
daled, and signed. You may wish to use the following form at
the end of your answers!
| deciare under penalty of perjury undar ihe laves of the
State of Cailifarnla that the foregoing answers are true and
correct,
(DATES
Sec. 4. Definitions
Words in BOLDFACE CAPITALS in these misrrogalorias
are defined as foliows:
(2} (Check one of the following):
[1] @) INCIDENT includes the crour: es and
events suounsing the alleged ac Hury, OF
Te asking party and seve Caples of your responses on all
other parties io the action who have appeared, See Code of
Civil Prosedure sections 2030,260-2030.270 for details.
Fotis Aporoved tor Optionat Use
sJudicin’ Ceunet of Calforaa
DISC-094 Rev January 4, 2006}
FORM INTERROGATORIES GENERA\.
other occurrence or breach of contrat giving rise te
this action of proceeding{RX (2) INCIDENT means (insert your definition here or
on a separate, attached sheet tabeled "Sec.
A(8}(2)"):
For the purposes of these interrogatories, INCIDENT,
means the circumstances surrounding the allegations
in the complaint of Tenant Harassment, invasion of
Privacy, and Unlawful Eviction
(b} YOU OR ANYONE ACTING ON YOUR BEHALF
includes you, your agents, your employees, your insurance:
companies, their agents, their employees, your attorneys, your
accountants, your investigators, and anyone else acting on
your behalf,
(c) PERSON includes a natural person, fitm, association,
organization, parinership, business, trust, limited liability
company, corporation, of public entity.
(@) DOCUMENT means a writing, as defined in Evidence
Code section 250, and includes the original or a copy of
handwriting, ‘ypewriting, printing, photostais, photographs,
electronically stored information, and every other means of
recording upon any tangible thing and form of communicating
of representation, including tetters, words, pictures, sounds, or
symbols, of combinations of them.
(e) HEALTH CARE PROVIDER Includes any PERSON
referred to in Code of Civil’ Procedure section 687.7(e}(3).
(@ ADORESS means the street address, including the city,
state, and zip code.
Sec, §. interrogatories
‘The following interrogatories have been approved by the
Jusicial Council under Gade of Civil Procedure section 2033.710:
CONTENTS
1.0 Identity of Persons Answering These Intetrogatories
2.0 General Background information—-tndividual
3.0 General Background Information--Business Entity
4.0 Insurance
5.0 fReserved}
6.0 Physical, Mental, or Emotional tnjuries
7.0 Property Damage
8.0 Loss of income or Earning Capacity
$.0 Other Damages
10.0 Medical History
11.0 Other Claims and Previous Claims
12.0 Investigation—General
13.0 Investigation—Surveillance
14.0 Statutory or Regulatory Violations
15.0 Denials and Special or Affirmative Defenses
46.9 Defendant's Contentions Personal injury
17.0 Responses to Request for Admissions
18,0 (Reserved)
19.0 (Reserved?
20.0 How the Incident Occurred—Mator Vehicle
26.0 (Reserved)
30.0 [Reserved}
40.0 (Reserved)
80.0 Contract
80.0 [Reseed
70.0 Unlawful Detainer {See separaia form DISC-003]
DISC-001
1.0 Identity of Persons Answering These interrogatories
Ri 1.1 State the name, ADDRESS, teleghone number, and
relationship to your of each PERSON whe prepared or
assisied in the preparation of the responses io liese
interrogatories, (Do not identify anyone who simply typed or
reproduced the responses }
20
&
General Background Information—individual
2.1 State:
(a) your name;
(b) every name you have used in the past; and
(0) the dates you used each name.
2.2 State the date and place of your birth
2.3 At the time of ihe INCIDENT, did you have a driver's
license? If so state:
(a) the state or other issuing entity;
{b) the license number and type,
{c} the date of issuance; and
({d) all restrictions,
2.4 At the time of the INCIDENT, did you have any other
permit or license for the operation of a motor vehicle? |f sa,
state:
(a) the state or other issuing entity;
(b) the license number and type;
(c) the dale ef issuance; and
{d) ail restrictions
CT &i
2.5 State:
{a) your present residence ADDRESS;
(b) your residence ADDRESSES for the pasl five years; and
(©) the dates you lived at each ADDRESS.
US 2.6 State:
{a) the name, ADDRESS, and telephone number af your
present employer or place of self-employment; and
(b) ihe name, ADDRESS, dates of employment, jod litle,
and nature of work for each employer or
seltemployment you have fad from five years before
the INCIDENT until today.
2.7 State:
(a) the name and ADDRESS of each school or other
academic or vocational institution you have attended,
beginning with high school;
(b} the dates you attended:
{©} the highest grade level you have completed; and
(a) the degrees received
2.8 Have you ever been convicted of a felony? Hf so, for
each conviction state:
(a) the sity and state where you were convicted:
(b) the date of conviction:
{c) the offense; and
{d) the court and case number.
& 29 Can you speak Engiish with ease? If nol, whet
language and dialect de you sormally use?
&
46. ou-tead-andwite-Engiishwittrosse? ifrot what
TORO EESHOME Lugation (See separate form DiSC-004)
200,0 Employment Law [See separate form O18C-002)
Family Law [See separate form FL-145)
language and dialect do you normaly use?
"0196-007 (Rev Jenwary 1 2008)
FORM INTERROGATORIES--GENERALa
2.11 At the time of the INCIDENT were you acting as an
agent or employee for any PERSON? ff so, state:
(a) the name, ADDRESS, and telephone number of that
PERSON: and
(b) a description of your duties.
2.12 Ai the time of the INCIDENT did you or any other
person have any physical, emotional, or mental disability or
condition that may have contributed to the occurrence of the
INCIDENT? Hf so, for each persan state:
{a) the name, ADDRESS, and telephone number,
{b) the nature of the disebility or condition; and
{ce} the manner in which the disability or
contributed to ine occurrence of the INCIDENT,
condition
2.13 Within 24 hours before the INCIDENT did you or any
person involved It the INCIDENT use or take any of the
folowing substances: alcohclic beverage, marijuana, or
other drug er medication of any kind (prescription or not)? If
8Q, for each person state:
(a) the narne, ADDRESS, and telephone number,
{bo} the nature or description of each substance;
{c} the quantity of each substance used or taken;
(d} the date and time of day when each subsiance was used
or taken;
{e) ihe ADDRESS where each substanca was used of
taken,
@ the name, ADDRESS, and ielephone number of each
person who was present when each substance was used
or taken; and
(g) the name, ADDRESS, and telephone number of any
HEALTH CARE PROVIDER who prescribed or furnished
the substance and the condilion for which it was
prescribed or furnished.
3.0 General Background Information—-Business Entity
Qo
3.4 Are you a corporation? If so, state:
(a) the name staied in the current articles of Incorporation;
(b) aif other names used by the corporation during the past
40 years and the dates each was used;
(0) the date anc place of incorporation;
(2) the ADDRESS of the principal place of business; and
(2) whether you are qualified to do business in California.
3.2 Are you a partnership? tf s0, state:
(a) the current partnership name;
(b) all other names used by the partnership during the past
10 years and the dates each was used;
(c) whether you are a limited partnership and, if so, under
the laws of what jurisdiction;
(d) the name and ADDRESS of each general partner, and
(e) the ADDRESS of the principat place of business.
3.3 Are you a limited liabltity company? If so, state:
(a) the name stated in the current articles of organization;
(b) all other names used by the company during the past 10
years and the date sach was used;
(o) the date and place of filing of the arlicles of organization;
(d} the ADDRESS of the principal place of ousiness, and
(e} whether you are qualified to do business m California.
DISC-004
(I) 3.4 Are you a joint venture? If so, s
{a) ihe current joint venture name;
{p) all other names used by the joint verture during the
pasi 10 years and the dates each was used;
(o) the name and ADDRESS of each joint ventures: and
{d) the ADDRESS of the principat place of business.
oclation?
(1) 2.5 Are you an unincorporated as
If so, state:
(a) the current uniricorporated association name;
(p) all other names used by the unincorporated a:
during the past 10 years and the datas each was Used)
and
(c) the ADDRESS of the princlpa! piace of business.
[1 3.6 Have you done business under a fictitious name during
the past 10 years? if so, for each flctitlous a
(e) the nam
{o} the dates cach was used;
(6) the state and county of eac! us fame filing, and
id) the ADDRESS of the principal place of business
Oo
3.7 Within the pasi five years has any public entity is-
tered or licensed your business? If so, for cach license or
registration:
(a) identify the license or registration;
{b) state the name of the public entity;
(€) state the dates of issuance and expiration
4.9 Insurance
4.1 At the time of the INCIDENT, was there in effect any
policy of insurance through which you were or might be
insured in any manner (fer example, primary, pro-rata, or
excess liability coverage or medical expense coverage) for
the damagas, claims, or actions that have arisen out of tne
INCIDENT? If so, for each policy state:
{a) the kind of coverage:
{b) the name and ADDRESS of the insurance company;
{e) the name, ADDRESS, and telephone mimber of each
named insured;
id) the policy nurmber;
(e) the limits of coverage for each type of coverage con
tained in the policy;
{® whether any reservation of rights or controversy or
coverage dispute exisis between you and the insurance
company, ard
(g) the name, ADDRESS, and telephone number of the
guatodian of the policy.
RX 4.2 Ave you self-insured under any statute for the damages
claims, or actions that have arisen out of the INCIDENT? If
80, specify the statute.
5.0 (Reserved)
8.0 Physical, Mental, or Emotional injuries
D4 6.1 Me yau attribute any physical, mental, or emotional
injuries to the INCIDENT? (if your answer is “no,” do not
answer interrogatories 6.2 through 6.7},
BES tdeniily vach injury you attribute to the INCIDENT anc
the area of your body affacted
BASCOM [Rew Janwery 1, 2008)
“FORM | INTERROGATORIES- (GENERAL,Dd 6.3 Do you stiff have any complaints that you attribute te
the INCIDENT? If so, for each complaint state:
(a) a description;
{b) whether the complaint is subsiding, remaining the same,
of becoming worse; and
(o) the frequency and duration
&X 64 Did you receive any consultation or examination
(except from expert witnesses covered by Code of Civil
Procedure sections 2034.210-2034.310) or treatment from a
HEALTH CARE PROVIDER for any injury you attribute to
the INCIDENT? If so, for aach HEALTH CARE PROVIDER
state:
{a) the name, ADDRESS, and telephone number;
(b) the type of consultation, examination, or treatmart
provided;
{ce} the dates you received consultation, examination, or
treatment; and
(a) the charges to date.
©) 6.6 Have you taken any medication, prescribed or net, as a
result of injuries that you attribute to the INCIDENT? If so,
for each medication state:
(a) the name:
(o) the PERSON who prescribed or furnished It
{c) the date it was prescribed or furnished;
(d) the dates you bagan and stopped taking if; and
(a) the cost io date.
{X) 6.6 Are there any other medical services necessitated by
the injuries that you attribute to the INCIDENT that were not
previously listed (for example, ambulance, nursing,
prosthetics)? [f so, far each service state:
(a) the nature;
(b) the date;
(©) the cost; and
(d) the name, ADDRESS, and telephone number
of each provider.
i 57 Has any HEALTH CARE PROVIDER advised that you
fay require future or additional treatment for any injuries
that you attribute to the INCIDENT? JF so, for each injury
state:
(a) the name and ADDRESS of each HEALTH CARE
PROVIDER;
(©) the compiaints for which the treatment was advised; and
(c) the nature, duration, and estimated cost of the
treaiment.
7,0 Property Damage
C4 7.1 Do you attribute any toss of or damage to 4 vehicle or
other property to the INCIDENT? If so, for each ilem of
property:
(a) describe the property;
(b) describe the nature and location of the damage to the
property;
DISC-004
{c) state the amount of damage you are claiming for each
item of properly and how the amount was calculated; and
(0) if the property was sold, state the name, ADDRESS, and
telephone number of the saber, the 2 of sale, and the
sale price.
7.2 Has a wiitien estimate or avaiuation been macie for any
iter of property referred lo in your answer to the preceding
interrogatory? Hf so, for each estimate or evaluation state:
(a) the name, ADDRESS, and telephone number of the
PERSON who prepared it and the date prepare
{o) the name, ADDRESS, and telephone au
PERSON who has a copy of it and
{c) the arnount of damage stated,
7.3 Has any item of property referred to in your answer to
interrogatory 7.1 been repaired? Uf so, for each item sta
(a) the date repaired;
(2) a description of the repair;
{c) the repair cost:
(a) the name, ADDRESS, and telephone number of tne
PERSON who repaired it;
the name, ADDRESS, and telephone number of the
PERSON who paid for the renair,
{e
8.0 Loss of Income or Earning Capacity
&
f&
x & kX 4 & B
8.1 Do you attribute any loss of income or eaming capacity
to the INCIDENT? (if your answer is "no," do not answer
interrogatories 8.2 through 8,8}.
8.2 State:
(a} the nature of your work;
() your joa title at the time of the INCIDENT; and
(ce) the date your employment bagan
8.3 State the iast date before the INCIDENT that you
worked for compensation,
8.4 Stale your monthly income at the time of the INCIDENT
ang how the amount was calculated.
8.5 Siele the date you retumed io work ai each plane of
employment following the INCIDENT.
8.8 State the dates you did not work and for which you tos!
income as a resutt cf the INCIDENT.
8.7 State the total income you have lost to date as a result
of the INCIDENT and how the arnount was calculated,
8.8 Will you fase income in the future as a result of the
INCIDENT? If so, state:
{a) the facts upon which you base this contention;
(b) an estimate of the amount;
{c) an estimate of how tong you will be unable te work; and
(d) how the claim for future income is calculated.
‘156-001 raw January | 208)
Logaitint ro.
‘Markli.c0m$.0 Other Damages
SS] 9.1 Are there any other damages that you attribute to the
INCIDENT? If so, for each item of darnage stete:
{a} the nature;
(b) the date it ocewred;
(c) the amount, and
(d) the name, ADDRESS, and telephone number of each
PERSON jo whom an obligation was incurred
[9.2 Do any DOCUMENTS support the existence or amour
of any item of damages claimed in interrogatory 9.1? if so,
describe each document and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT.
10.0 Medical History
Be} 10.4 At any time before the INCIDENT did you have com-
plaints oy injuries that Involved the same part of your body
claimed to have been injured in the INCIDENT? {f so, for
each slate:
(a) a dascription of the complaint or injury;
(b) the dates it began and ended; and
(c) the name, ADDRESS, and telephone number of each
HEALTH CARE PROVIDER whom you consulted or
who examined or treated you
(1 10.2 List ali physical, mental, and emotional disabliities you
had immediately before the INCIDENT. (You may omit
mental or emotional disabilities unless you alirhute any
menial or emotional injury to tha INCIDENT.}
§2 10.3 At any time after the INCIDENT, did you sustain
injuries of the kind for which you are now claiming
damages? tf so, for aach incident giving rise to an injury
state:
(a) the date and the place it occurred;
{b) the name, ADDRESS, and telephone number of any
other PERSON involved;
(c) the nature of any injuries you sustained;
(d) the name, ADDRESS, and telephone number of each
HEALTH CARE PROVIDER who you consulted or who.
examined or treated you; and
{e) (he nature of the treatment and its duration.
44.0 Other Ciaims and Previous Claims
Bi 17.1 Except for this action, in the past 10 years have you
filed an action or made a written claim or demand for
compensation for your personat injuries? |f so, for each
action, claim, or demand state:
(a) the date, time, and place and jocation (closest street
ADDRESS or jntersection) of the INCIDENT giving rise
to the action, claim, or demand;
(®) the name, ADDRESS, and ielephone number of each
PERSON against whom the claim or demand was made
‘or the action filed;
DISC-004
(c) the court, names of the partios, and case number of any
action filed;
{d) the name, ADDRESS, and telephone number of any
attorney representing you;
(e} whether the ciaim of action has heen reselved of
panding: and
(a description of the injury.
47.2 In the past 19 years have you made a writen cial of
demand for workers’ compensation benefits? Hf so, for each
claim or demand state:
(a) the date, time, and place of the INGIDE:
the claim;
{b) the name, ADDRESS, and telephone number of your
empioyer at the time ol the injury;
(c) the name, ADDRESS, and telephone number of the
workers’ cormpensation insurer and the claim nuriber:
(d) the period of time during which you received workers*
ten benefits;
{e) a description of the injury:
@® the name, ADDRESS, and telephone nwnber of aay
HEALTH CARE PROVIDER wie provided servi nid
(g) the case number at the Warkers' Compensation Apps
Board.
NY giving tise te
12.0 Investigation—General
12.4 Stale the name, ADDRESS, and telephone number of
each individual:
(2) who witnessed the INCIDENT or the events ccourring
immediately before or after the INCIDENT;
({b) who made any statement ai the scene of the INCI:
{c) who heard any statements made aboul the INCIDENT by
any individual at the scene; and
(d) who YOU OR ANYONE ACTING ON YOUR BEHALF
claim has knowledge of the [NCIDENT (ex
expert witnesses covered by Code of Civil Proc
section 2034)
12.2 Have YOU CR ANYONE ACTING ON YOUR
BEHALF interviewed any individua! concerning the
INCIDENT? If so, for each individual state:
(a) the name, ADDRESS, and isiepho:
individual Interviewed;
(b) the date of the inlerview; and
() the name, ADDRESS, and telephone number of the
PERSON wito conducted the interview.
2 number of the
12.3 Have YOU OR ANYONE ACTING ON YOUR
BEHALF obtained @ written of recorded statement from any
indivicual conceming the INCIDENT? If so, for each
siatement state:
{a) the name, ADDRESS, and teleshone number of the
individual from whern the statement was obtained;
(2) the name, ADDRESS, and telephone rumber of the
individual who obtained the staternent,
(6) the date the statement was oblained; and
(d) the name, ADDRESS, and telephone number of each
PERSON who has the original statement of a copy.
BISE-0OF (Rev taary 4, 2608H FORM INTERROGATORIES—GENERAL12.4 Do YOU OR ANYONE ACTING ON YOUR BEHALF
know of any photographs, filrns, or videotapes depicting any
place, object, or individual cenceming the INCIDENT or
plaintiffs injuries? tf so, state:
(a) the number of photographs ar feet of film or videotape;
{b) the places, objects, or persons photographed, fitmed, or
videotaped;
(c) the date the photographs, films, or videotapes were
taken;
({d} the name, ADDRESS, and telephone number of the
Individual leking the photagraphs, films, or videotapes;
and
{e) the name, ADDRESS, and telephone number of each
PERSON who has the original or a copy of the
photographs, films, or vidsotapes.
&] 12.5 De YOU GR ANYONE ACTING ON YOUR BEHALF
know of any diagram, reproduction, or model of any place or
thing (except for items developed by expert witnesses
covered by Code of Civil Procedure sections 2034.210~
2034,340) concerning the INCIDENT? If so, for each item
state:
(@) the type (.e., diagram, reproduction, or model);
(b) the subject matter; and
(c) the name, ADDRESS, and telephone number of each
PERSON who has it,
BJ 12.6 Wes @ report made by any PERSON concerning the
INCIDENT? if so, state:
(a) the nama, title, identification number, and employer of
the PERSON who made the report;
{p) the date and type of report made;
{c) the name, ADDRESS, and telephone number of the
PERSON for whom the report was made; and
(d) the name, ADDRESS, end telephone number of each
PERSON who has the original or @ copy of the report.
(J 12.7 Have YOU OR ANYONE ACTING ON YOUR
BEHALF inspected ihe scene of the INCIDENT? If so, for
each inspection state:
(a) the name, ADDRESS, and telephone number of the
individual making the inspection (excepi for expert
witnesses covered by Cade of Civil Procedure
sections 2034,210-2034.310); and
(b) the date of the inspection.
13.0 Investigation-——Surveiliance
GX 13.1 Have YOU OR ANYONE ACTING ON YOUR BEHALF
conducted surveillance of any Individual involved in the
INCIDENT or any party to this action? if so, for cach sur
veillance siale:
(a) the name, ADDRESS, and telephone number of the
individual or party;
(b) the time, date, and place of the surveillance;
(c) the name, ADDRESS, and telephone number of the
individual who conducted the surveiliance; and
{d) the name, ADDRESS, and telephone number of each
PERSON who has the original or a copy of any
surveiilance photograph, film, or videotape.
OISC-004
EX] 13.2 Has a writlen report been prepared on the
surveillarice? If so, for sach writien report state:
(a) the title,
(b) the date:
(c) the name, ADDRESS, and telephone number of the
individual who prepared the report; and
(4) the name, ADDRESS, and telephone number of each
PERSON wha has the original or a copy
14.0 Statutory or Regulatory Vialations
E%} 14.1 Do YOU OR ANYGNE ACTING ON YOUR BEHALE
contend thet any PERSCN involved in the INCIDENT
violated any statule, ordinance, or regutation and that the
Violation was a legal (proximate) cause of the INCIDENT? If
80, identify the name, ADDRESS, and telephone nuinber of
each PERSON and the statute, ordinance, or regulation that
was violated.
IX] 14.2 Was any PERSON cited or charged with a violation of
any statute, ordinance, or reguiallon as a result of th
INCIDENT? If so, for cacti PERSON state:
{a) the name, ADDRESS, and telephone number of the
PERSON;
{b) the statute, ordinance, or regulation alloged!y violated;
) whelher the PERSON entered a plea ini response {0 the
citation or charge and, if so, the plea entered: and
() the name and ADDRESS of the court or administative
agency, names of the parties, and case number.
15.0 Denials and Special or Affirmative Defenses
ation and each
special or affirmativa defense in your pleadings and for
each:
{a) state ali facts upen which you base the denial or apecial
or affirmative defense;
(b) slate tho names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of those facts;
and
(o} Kdentily all DOCUMENTS and other tangible things that
support your denial or special or affirmative defense, and
state the name, ADDRESS, and telephone number of
the PERSON whe has each DOCUMENT.
16.0 Defendant's Contantions—-Personal injury
18.1 Do you contend that any PERSON, othe: than you or
plaintifi, contritutad to the cecurrence of the INCIDENT or
the injwies or damages claimed by plaintiff? If so, for each
PERSON:
{a) state the name, ADDRESS, and telephone number of
ihe PERSON;
(b) siate all facts upon which you base your cont
{c) state the names, ADDRESSES, and telephone
of ali PERSONS who have knowle
(d) identify all DOCUMENTS and other tangible things that
support your contention and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT ar thing.
(] 16.2 Do you contend that plaintiff was not injured in the
INCIDENT? If so:
(a) state ail facts upon which you base your cantention;
{) state the names, ADDRESSES, and telephone numbers
of ali PERSONS who have Knowledge of the facts, anc.
(6) identify ell DOCUMENTS and other tangible things that
support your contention and state the name, ADDRESS,
and ielephone murber of the PERSON who has each
‘DISC-004 [Rev January 1, 2000)
Pages of 8[1] 16.3 D0 you contend that the injuries of the extent of the
DISC-0Gt (Rev. January 4. 2008) ™
injures clakned by plaintiff as disclosed in discovery
proceedings thus far in this case were not caused by the
INCIDENT? If so, for each injury:
{a) identify it;
{b) state all facts upon which you base your contention;
{c) state the names, ADDRESSES, and telephone numbers
of ail PERSONS who have knowledge of the facts; and
(2) identify ail DOCUMENTS and other tangible things that
Support your contention and state ihe name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing,
16.4 Do you contend that any of the services furnished by
any HEALTH CARE PROVIDER claimed by plaintiff in
discovery proceedings thus far in this case were not due te
the INCIDENT? If so:
(a) identify each service:
() state all facts upon which you base your contention;
(c) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of the facts; and
(d) identify all DOCUMENTS and other tangible things that
support your contention and state the name, ADORESS,
and telephone number of the PERSON who has sach
DOCUMENT or thing,
16.5 Do you contend that any of the costs of services
furnished by any HEALTH CARE PROVIDER claimed as
damages by plaintiff in discovery proceedings thus far in
this case were not necessary or unreasonable? If so:
(a) identify each cost,
(0) state ail facts upon which you base your contention:
{9} state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of the facts: and
{d) identify al DOCUMENTS and other tangible things that
support your contention and state the name, ADDRESS,
and telephone number of the PERSON who has each
BOCUMENT or thing,
16.6 Do you contend that any part of the loss of earings or
income claimed by plalntiff in discovery proceedings thus far
in this case was unreasonable or was not caused by the
INCIDENT? if so:
(a) identity each part of the loss:
(%) state all facts upon which you base your contention;
(o} state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of the facts! and
(¢) identify al! DOCUMENTS and other tangible things that
support your contention and stale the name, ADDRESS,
and ielephone nuraber of the PERSON who has each
DOCUMENT or thing.
18.7 Do you contend thet any of the property damage
claimed by plaintiff in discovery Proceedings thus far in this
case was not caused by the INCIDENT? If so:
{a) Identify each item of property damage;
(p) state all facts upon which you base your contention:
{c} state the names, ADDRESSES, and tefephone numbers
of ail PERSONS who have knowledge of the facts; and
() identify ail DOCUMENTS and other tangible things that
si
DISC-004
[] 16.8 Do you contend that any of the costs of repairing the
property damage claimed by plaintiff in discovery
proceedings thus far in this case were unreasonable? If so.
(a} identify each cost Item:
(p) State all facts upon which you base your contention;
(co) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of tha facts; and
(8) identify af DOCUMENTS and other tangible things thai
Support your contention and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.
(J 16.9 De YOU OR ANYONE ACTING ON YOUR BE!
have any DOCUMENT (for example, insurance buraau
index reports} concerning claims for personal injur
before or afier the INCIDENT by a plainliff in
80, for each plaintiff state:
(a) the souirce of each DOCUMENT;
{0} the data each claim arose;
{c) the nature of each claim: and
(@) the name, ADDRESS, and telephone number of the
PERSON wha has each DOCUMENT.
F
£7) 16.40 Oo YOU OR ANYONE ACTING ON YOUR BEHALF
have any DOCUMENT concerning the past or present
physical, mental, or emotional condition of any ple
this case from a HEALTH CARE PROVIDER nat prev
identified (except for expert witnesses covered by Code of
Civil Procedure sections 2034,210~2034.310)? If so, for
each plaintiff state:
(a) the name, ADORESS, and teleshone number of each
HEALTH CARE PROVIDER:
{b) @ description of each DOCUMENT; and
{e) the name, ADDRESS, and telephone number of the
PERSON who has each DOCUMENT.
17.0 Responses to Request for Admissions
(7) 17.1 ts your response to each request for admission served
with these interrogatories an unduallied admission? ff nol,
for each response that Js not an unqualified admission
(a) state the number of tha request;
(6) state all facts upon which you base your respon
(c} slate the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowlarige of tho:
and
identify all DOCUMENTS and other tangibic things that
support your response and stale the name, ADDRESS,
and telephone number of ihe PERSON who has
DOCUMENT or thing.
S
15.0 (Reserved
19.0 [Reserved}
20.0 How the [ncident Occurred-—Moter Vehicle
("J 20.1 State the daie, time, anc place of the INCIDENT
(closest street ADDRESS or intersection)
[[] 20.2 For each vehicic involved in thie INCIDENT, slate
Lconention and stale the name, ADDRESS;
and telephone number of the PERSON who has each
DOCUMENT or thing
(ay TRE Year, Wake, ModE, and license number,
(0) the name, ADDRESS, and telephone number of the
driver;{c) the name, ADDRESS, and telephone number of each
occupant olber than the driver;
DISC-004
{a} state the name, ADDRESS, and folephone iurrbor of
each PERSON who has custody of each defective part.
(3) the name, ADDRESS, and telephone number of each
registered owner, (Ch) 20.14 State the name, ADDRESS, and telephone number of
{e) the name, ADDRESS, and telephone number of each each owner and each PERSON who has had possession
lessee; sinca the INCIDENT of each vehicle lnwalved in the
( the name, ADDRESS, and telephone number of each INCIDENT.
owner other than the registered owner or lien holder,
and 25.0 (Reserved]
(g} the name of each owner who gave permission or
consent to the driver to operate the venicte. 30.0 [Reserved]
[2] 20.9 State the ADDRESS and location where your wip 4.0 (Reserved!
began and the ADDRESS and location of your destination.
50.0 Contract
EX] 50.1 For each agreement alleged in the pleadings:
(a) Identify each DOCUMENT that is part of ihe ‘agreement
and for each stale the name, ADDRESS, and tolaphona
number of each PERSON who has the DOCUMENT;
{b) state cach part of the agreamient not in writing, the
name, ADDRESS, and telephone number of cach
PERSON agraeing to that provision, and the date that
[] 20.4 Describe the route that you followed from the
beginning of your trip to the location of the INCIDENT, and
siaie the location of each slop, other than routine traffic
stops, during the trip leading up to the INCIDENT.
20.5 State the name of the street or roadway, the lane of
travel, and the direction of travel of each vehicle involved in
the INCIDENT for the 500 feet of travel before the part of (he agreement! was made;
INCIDENT. {¢) identify ai DOCUMENTS that eviden: y part of the
(] 20.6 pid iNCID 2 1 intersection? If so. agreement not in writing and for each stale ihe name,
0.8 Did the ENT occur at an inersed : ADDRESS, and telephone number of each PERSON
Gesaribe all traffic control devices, signa!s, or signs at the whe has the DOCUMENT.
(@) Identity all DOCUMENTS that are part of any
modification to ihe agreement, and for each siato the
20.7 Wes there a trafic Signal facing you al the time of the name, ADDRESS, and telephone number of cach
P if so, state: PERSON who has the DOCUMENT;
@ er ireatien when you first saw it; (@) state each modification not in writing, the dale, and lhe
(b) the colar; name, ADDRESS, and telephone number of each
{co} the number of seconds it had bean that color; and PERSON agreeing to the modification, and ihe date ihe
(d) whether the color changed between the time you first modification was made;
saw it and the INCIDENT. () identify sf DOCUMENTS that evidence any madilication
of the agreemont nat in writing and fer each siate the
name, ADDRESS, and teiephone number of each
PERSON who has the DOCUMENT.
[7] 20:8 State how the INCIDENT occurred, giving the speed,
diection, and location of each vehicte involved:
{a} just before the INCIDENT:
(b) ai the time of the INCIDENT; and (c) just
after the INCIDENT.
4] 50.2 Was there a breach of any agreement alleged In the
picadings? tf so, for each breach describe and give the date
of every act or omission that you claim is the breach of the
agreement
CO
20.9 Do you have information that a malfunction or defect in
a vehicie caused the INCIDENT? If so:
(a) identify the vehicle;
(b) identify each malfunction or defect:
{o) state ihe name, ADDRESS, and telephone number of
IX] 50.3 Was performance of any agreement alleged in the
pleadings excused? If so, identify each agreement excused
and state why performance was excused,
IX) 50.4 Was any agreemont alleged in the pleadings termiy
gach PERSON who is a witness to or has information
about each malfunction or defect; and
(d) state the name, ADDRESS, and telephone number of
each PERSON who has custocly of each defective part.
20.10 Do you have information that any malfunction or
defect in a vehicie contributed to the injuries sustained in the
“INCIDENT? If so:
(a) Identify the vehicle;
(b) Identify each malfunction or defect;
by mutual agreement, release, accord and satisfaction, or
novation? if so, identify each agreement te: ated, the cate
of terminaticn, and the basis of the termination.
DX} 50.4 Is any agreement alleged in the pleadings unenforce
able? If so, identify each unenforceable agreement and
stale why itis unenforceabie,
EY 60.6 is any agreement alleged in the pleadings ambiguous?
If so, identify cach ambiguous agreement and state why it
(oy state the Tame, ADDRESS; a Spon HUNDEr OF
each PERSON who is 4 witness to or has information
about each maifunction or defect; and
aIMDIQTOT
69.0 {Reserved}
DISC-007 (Rev. January 1 2000)
"FORM INTERROGATORIES—GENERALos
co am N @ & B&W ND
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
At the time of service, | was over 18 years of age and not a party to this action, |
employed in the County of San Francisco, State of Callfornia, My business address is 3
Battery Street, Suite 550, San Francisco, California 94111. :
On November 25, 2014, | served true copies of the following document(s) described
as FORM INTERROGATORIES, SET ONE on tho interested parties in this action as
follows:
SEE ATTACHED LIST
BY MAIL: | enclosed the document(s) in a sealed envelope or package addres to the
persons at the addresses listed in the Service List and placed the envelope for co!
and mailing, following our ordinary business practices. | am readily familiar with Murchison |
& Gumming’s practice for collecting and processing correspondence for mailing. | am aware!
that on motion of the party served, service is presumed invalid if the postal cancellation date
of postage meter date is more than one business day after the date of deposit for mailing in
this declaration. !
i declare under penalty of perjury under the laws of the State of Callfamia that the
foregoing Is true and correct.
“> =
=
=
oe ao NN PG B&B BN
=
| Benjamin Martin, Esq.
Law Offices of Benny Marin
195 41st Street
P.O, Box 11120
Oakland, CA 94611
Telephone: 415-558-1760
Facsimile: 510-272-0714
SERVICE LIST
etal,
| Phillio Garcia vs. Carrie Wilson, in her capacity as trustee of The Wilson Family Trust,
Plaintiff, Phillip GarciaEXHIBIT BMatthew K. Wisinski (SBN 195535)
Joyce E. Clifford (SBN 197654)
Katelyn M. Knight (SBN 264573)
MURCHISON & CUMMING, LLP
275 Battery Street, Suite 550
San Francisco, California 94171
Telephone: (415) §24-4486
(445) §24-4905
Facsimile: (415) 391-2058
&-Mai mwisinski@murchisonlaw.com
jclifford¢@murchisaniaw.com
kicnight@murchisoniaw.com
Attorneys for Defendant ANGELO WILSON
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
PHILLIP GARCIA, | CASE NO. CGC-14-638550
Plaintiff, SPECIAL INTERROGATORIES TO
PLAINTIFF, SET ONE
VS.
Action Filed: April 10, 2044
CARRIE WILSON, in her capacity as Trial Date: None Set
trustee of THE WILSON FAMILY TRUST,
SHAUN MARKHAM, ERIKA MARKHAM,
and ANGELO WILSON, and DOES 1-20, |
Defendants.
FROPOUNDING PARTY: ANGELO WILSON
RESPONDING PARTY: GARCIA, PHILLIP
SET NUMBER: ONE
Defendant, Angelo Wilson, requests that plaintiff, Garcia, Phillip, answer under oatn,
within 30 days, pursuant to Code of Civil Procedure Section 2030.010 through 2036,090,
the following interrogatories:
iit|| Evidence Code §250).
| that this defendant is liable to you for Common Law Invasion of Privacy as described in your)
|
4. Please identify yourself by all names which YOU (The terms "YOU" and/or
"YOUR" means Plaintiff Garcia, Phillip) presently are or have in the past been known and |
provide your social security number. |
2, Please set forth each and every fact upon which YOU base YOUR contention
that this defendant is liable to you for Tenant Harassment as described In your First Cause |
of Action in YOUR Complaint.
3. Identify with specificity any and all WRITINGS relating to YOUR first cause of |
action in YOUR Complaint for Tenant Harassment. (For the purposes of this interrogatory
YOU and/or YOUR includes you, your agents, your employees, your attorneys, your {
accountants, your investigators, your insurance companies and their agents or employees
and anyone else acting on your behalf), WRITING includes the original or copy of the
handwriting, typewriting, printing, photostating, photographing, and every other means of
recording upon any tangible thing, any form, communication or representation, including
letters, words, pictures, sounds, and symbols or combination thereof, as defined by
4, identify each and every person who witnessed the events dasoribed in YOUR
first cause of action for Tenant Harassment as described in YOUR Complaint. (For the
purposes of this interrogatary YOU ancd/ar YOUR includes you, your agents, your
employees, your attorneys, your accountants, your investigators, your insurance companies
and their agents or employees and anyone else acting on your behalf).
5 Please set forth each and every fact upon which YOU base YOUR contention |
i
Second Cause of Action in YOUR Complaint.
6. Identify with specificity any and all WRITINGS relating to YOUR second cause)
of actlon in YOUR Complaint for Common Law Invasion of Privacy. (For the purposes of this]
interrogatory YOU and/or YOUR includes you, your agents, your employees, your attorneys,
your accountants, your investigators, your insurance companies and thelr agents or
employees and anyone else acting on your behalf), WRITING includes the orginal or copy
2
“SPECIAL INTERROGATOE=
ogo ec oN OO HW PB wo NS
of the handwriting, typewriting, printing, photostating, photographing, and every other
including letters, words, pictures, sounds, and symbols or combination thereof, as defined
by Evidence Code §250)
|
means of recording upon any tangible thing, any form, communication oF represaniation, |
|
|
| i
i
7. Identify each and every person who witnessed the events described in YOUR
second cause of action for Common Law Invasion of Privacy as described in YOUR |
Complaint. (For the purposes of this Interrogatory YOU and/or YOUR inciudes you, your |
agents, your employees, your altorneys, your accountants, your investigators, your
insurance companies and their agents or employees and anycne else acting on your
behaif).
8. Please set forth each and every fact upon which YOU base YOUR contention
that this defendant is flable to you for Invasion of Privacy Under Penal Code Sec. 632 and
Sec, 637.2 as described in your third cause of action in YOUR Complaint
9, Identify with specificity any and all WRITINGS relating to YOUR third cause of i
action in YOUR Complaint for Invasion of Privacy Under Penal Code Sec, 832 and Sec
637.2. (For the purposes of this interrogatory YOU and/or YOUR includes you, your agents, |
your employees, your attorneys, your accountants, your investigators, your insurance |
companies and their agents or employees and anyone else acting on yaur behalf).
WRITING includes the original or copy of the handwriting, typewriting, printing, ohotostating,
photographing, and every other means of recording upon any tangible thing, any form, |
communication or representation, including letters, words, pictures, sounds, and symbeis or
combination thereof, as defined by Evidence Code §250)}. i
10. Identify each and every person who witnessed the events described in YOUR i
third cause of action for Invasion of Privacy Under Penal Code Sec. 832 and Sec. 637.2 ¢
idescribed in YOUR Complaint. (For the purposes of this interrogatory YOU and/or YOUR
includes you, your agents, your employees, your attorneys, your accountants, your
investigators, your insurance companies and their agents or employees and anyone else
acting on your behalf}.
SPECIALIN]9. Please set forth each and every fact upon which YOU base YOUR contention
that this defendant is llable to you for Invasion of Privacy Under Pena! Code Sec, 647()(1) i
as described in your fourth cause of action in YOUR Compiaint.
40. Identify with specificity any and all WRITINGS relating to YOUR fourth cause
of action in YOUR Complaint for Invasion of Privacy Under Penal Code Sec, 647())(1). (For |
the purposes of this interrogatory YOU and/or YOUR includes you, your agents, your |
employees, your atlomeys, your accountants, your investigators, your insurance companies:
and their
Preview
Matthew K. Wisinski (SBN 195535) Joyce E. Clifford (SBN 197654) Katelyn M. Knight (SBN 264573) ELECTRONICALLY MURCHISON & CUMMING, LLP FILED 275 Battery Street, Suite 550 Superior Court of California, San Francisco, California 94111 County of San Francisco Telephone: (415) 524-4486 APR 09 2015 (415) 524-4905 Clerk of the Court Facsimile: (415) 391-2058 BY: MICHAEL RAYRAY E-Mail: mwisinski@murchisonlaw.com Deputy Clerk jclifford@murchisonlaw.com kknight@murchisonlaw.com Attorneys for Defendants ANGELO WILSON SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO PHILLIP GARCIA, CASE NO. CGC-14-538560 Plaintiff, DECLARATION OF KATELN M. KNIGHT IN SUPPORT OF MOTION TO COMPEL vs. FURTHER RESPONSES TO DISCOVERY CARRIE WILSON, in her capacity as trustee of THE WILSON FAMILY TRUST, | Date: May 14, 2015 SHAUN MARKHAM, ERIKA MARKHAM, Time: 9:30 a.m. and ANGELO WILSON, and DOES 1-20, Dept. 510 Defendants. Action Filed: April 10, 2014 Trial Date: None Set |, Katelyn M. Knight, declare and state: lam an attorney-at-law licensed to practice in the State of California and | am an associate with Murchison & Cumming LLP, counsel of record herein for ANGELO WILSON. 1 am one of the attorneys at our firm responsible for handling the defense of this matter on behalf of ANGELO WILSON, and, on this basis, and upon such other bases set forth below, | have personal knowledge of the matters set forth in this Declaration, except where stated on information and belief, and could and would competently testify to them under oath if called as a witness. 1. seen DECLARATION OF KATELYN M. KNIGHT IN SUPPORT OF MOTION TO COMPEL FURTHER RESPOSNES TO DISCOVERYoo ON OOH PB BOOB 4. On November 25, 2014, Defendant ANGELO WILSON propounded his first set of form interrogatories, special interrogatories, and inspection demands on Plaintiff PHILLIP GARCIA. True and correct copies form interrogatories and special interrogatories are attached hereto as Exhibits A and B respectively. Following multiple extensions, Plaintiff served responses on February 12, 2015, however the responses were unverified and no documents were produced. True and correct copies of Plaintiff's responses to Defendant's form interrogatories and special interrogatories are attached hereto as Exhibits C and D respectively. 2. On February 27, 2015, my colleague Joyce Clifford sent a very detailed meet and confer letter to Plaintiffs counsel outlining each deficient discovery response. A true and correct copy of that letter is attached hereto as Exhibit E. Plaintiff did not reply to this letter, but instead issued amended responses on March 6, 2015. True and correct copies of Plaintiff's amended responses to Defendant's form interrogatories and special interrogatories are attached hereto as Exhibits F and G respectively. 3. My office received Plaintiffs document production on March 17, 2105. After reviewing Plaintiff's documents, my colieague Joyce Clifford discovered that the production included Plaintiff's witness list for trial in the unlawful detainer action. The list includes 30 witnesses, none of whom are identified in Plaintiffs discovery responses. A true and correct copy of Plaintiff's list of trial witnesses submitted in the unlawful detainer action is attached hereto as Exhibit H. 4. Il spent approximately $1,650 drafting the instant motion (approximately 10 hours at $165/hour). | anticipate spending an additional 5 hours to draft any reply and attend any hearing for a total of $2,475. 5. This motion was initially noticed for hearing on April 30, 2015 at 9:00 a.m. in Department 501. The motion was submitted for filing on April 3, 2015. On April 8, 2015, | received an e-mail notice indicating that the filing had been rejected. The rejection notice included the following comment: "Dept 501 motions are held at 9:30 am." A true and correct copy of the rejection notice is attached hereto as Exhibit |. gle < ne pare BECLARATION OF KATELYN M. KNIGHT IN SUPPORT OF MOTION TO COMPEL FURTHER RESPOSNES TO DISCOVERYt declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 9th day of April, 2015, at San Francisco, California. a Lge LeEXHIBIT AATTORNEY OF PARTY WITHOUT ATTORNEY (Name, Stale Bar number, anc adtiness): MURCHISON & CUMMING, LLP 275 Battery Streei, Suite 650 San Francisco, California 94411 revemnone no (416) 524 4300 FAX NO. fOptionay, (415) 384 2058 sxrronuey ron Wem). ANGELO WILSON Matthew K. Wisinski (SBN 19553) Joyce &. Clifford (SBN 197654) E-MAIL, ADDRESS (Oproney: Twisinski@murchisonlaw.com; jclifford@murchisoniaw.com SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO SHORT TITLE OF GASE, PHILLIP GARCIA v. CARRIE WILSON, ET. AL. Asking Party: ANGELO WILSON Answering Party: PHILLIP GARCIA . Set No. ONE FORM INTERROGATORIES—-GENERAL [ cs nen CGC-14-638560 Sec. t. Instructions to All Parties {a} Interrogatories are written questions prepared by a party to an action that are sent te any other party in the action to be answered under oath, The interrogatories below are form interrogatories approved for use in civil cases. (b) For time limitations, requirements for service on other parties, and other details, see Code of Civil Procedure sections 2090.010-2030.416 and the cases construing those sections. (c) These form interrogatories do not change existing Jaw telating fo interrogatories nor do they affect an answering party's rignt to assert any privilege or make any objection. Sec. 2, Instructions to the Asking Party (a) These interrogatories are designed for optional use by parties in unlimited civil cases where the amount demanded exceeds $25,000. Separate interrogatories, Farm interrogatories—Limited Civit Cases (Economic Litigation) orm DISC-004), which have no subparts, are designed for use in fimited civil cases where the amount demanded is $25,000 or less; however, those [nterrogatories may alse be used in unfimited civil cases, (b) Check the box next to each interrogatory that you want the answering party to answer, Use care in choosing those interrogatories that are applicable to the case, éc} You may insert your own definition of INCIDENT in Section 4, bul only where the action arises from a course of conduct or a series of events occurring over a period of time. (d) The interrogatories in section 16,0, Defendant's Contentions-Personal injury, should not be used untif the defendant has had a reasonabie opportunity to conduct an investigation or discovery of plaintiffs injuries and damages. (@} Additional interrogatories may be attached. Sec. 3. Instructions to the Answering Party (a) An answer or other appropriate response must be given fo each interrogatory checked by the asking party. (p) As a general rule, within 30 days after you are served with these interrogatories, you must serve your responses on (c) Each answer must be as complete and straightfonward as the information reasonably available to you, including the information possessed by your attorneys ora an interrogatory cannot be answered completely, ans the extent possible, (d) you do oot have enough personal knowledge to fully answer an interrogatory, say so, put make a reasonabie ard good faith effort to get the information by asking other persons or organizations, unless the information is equally avaitabt the asking party. (e) Whenever an interrogatory may be answered by referring to a document, the docurnent may be attached as an exhibit to the rasponse and referred te in the response. If the document has more than one page, refer to the page and section where the answer to ihe intorrogatory can bs found. Whenever an addrase and telephone number for tie same person are requested in more than one merrogatory, you are raquired te furnish thers in answering eniy the first interrogatory asking for that information. (g) Ifyou are asserting a privilege or making an objection to an interrogatory, you must specifically assert the pevile state the objection in your written response. (h) Your answers to these interrogaterles must be verified, daled, and signed. You may wish to use the following form at the end of your answers! | deciare under penalty of perjury undar ihe laves of the State of Cailifarnla that the foregoing answers are true and correct, (DATES Sec. 4. Definitions Words in BOLDFACE CAPITALS in these misrrogalorias are defined as foliows: (2} (Check one of the following): [1] @) INCIDENT includes the crour: es and events suounsing the alleged ac Hury, OF Te asking party and seve Caples of your responses on all other parties io the action who have appeared, See Code of Civil Prosedure sections 2030,260-2030.270 for details. Fotis Aporoved tor Optionat Use sJudicin’ Ceunet of Calforaa DISC-094 Rev January 4, 2006} FORM INTERROGATORIES GENERA\. other occurrence or breach of contrat giving rise te this action of proceeding{RX (2) INCIDENT means (insert your definition here or on a separate, attached sheet tabeled "Sec. A(8}(2)"): For the purposes of these interrogatories, INCIDENT, means the circumstances surrounding the allegations in the complaint of Tenant Harassment, invasion of Privacy, and Unlawful Eviction (b} YOU OR ANYONE ACTING ON YOUR BEHALF includes you, your agents, your employees, your insurance: companies, their agents, their employees, your attorneys, your accountants, your investigators, and anyone else acting on your behalf, (c) PERSON includes a natural person, fitm, association, organization, parinership, business, trust, limited liability company, corporation, of public entity. (@) DOCUMENT means a writing, as defined in Evidence Code section 250, and includes the original or a copy of handwriting, ‘ypewriting, printing, photostais, photographs, electronically stored information, and every other means of recording upon any tangible thing and form of communicating of representation, including tetters, words, pictures, sounds, or symbols, of combinations of them. (e) HEALTH CARE PROVIDER Includes any PERSON referred to in Code of Civil’ Procedure section 687.7(e}(3). (@ ADORESS means the street address, including the city, state, and zip code. Sec, §. interrogatories ‘The following interrogatories have been approved by the Jusicial Council under Gade of Civil Procedure section 2033.710: CONTENTS 1.0 Identity of Persons Answering These Intetrogatories 2.0 General Background information—-tndividual 3.0 General Background Information--Business Entity 4.0 Insurance 5.0 fReserved} 6.0 Physical, Mental, or Emotional tnjuries 7.0 Property Damage 8.0 Loss of income or Earning Capacity $.0 Other Damages 10.0 Medical History 11.0 Other Claims and Previous Claims 12.0 Investigation—General 13.0 Investigation—Surveillance 14.0 Statutory or Regulatory Violations 15.0 Denials and Special or Affirmative Defenses 46.9 Defendant's Contentions Personal injury 17.0 Responses to Request for Admissions 18,0 (Reserved) 19.0 (Reserved? 20.0 How the Incident Occurred—Mator Vehicle 26.0 (Reserved) 30.0 [Reserved} 40.0 (Reserved) 80.0 Contract 80.0 [Reseed 70.0 Unlawful Detainer {See separaia form DISC-003] DISC-001 1.0 Identity of Persons Answering These interrogatories Ri 1.1 State the name, ADDRESS, teleghone number, and relationship to your of each PERSON whe prepared or assisied in the preparation of the responses io liese interrogatories, (Do not identify anyone who simply typed or reproduced the responses } 20 & General Background Information—individual 2.1 State: (a) your name; (b) every name you have used in the past; and (0) the dates you used each name. 2.2 State the date and place of your birth 2.3 At the time of ihe INCIDENT, did you have a driver's license? If so state: (a) the state or other issuing entity; {b) the license number and type, {c} the date of issuance; and ({d) all restrictions, 2.4 At the time of the INCIDENT, did you have any other permit or license for the operation of a motor vehicle? |f sa, state: (a) the state or other issuing entity; (b) the license number and type; (c) the dale ef issuance; and {d) ail restrictions CT &i 2.5 State: {a) your present residence ADDRESS; (b) your residence ADDRESSES for the pasl five years; and (©) the dates you lived at each ADDRESS. US 2.6 State: {a) the name, ADDRESS, and telephone number af your present employer or place of self-employment; and (b) ihe name, ADDRESS, dates of employment, jod litle, and nature of work for each employer or seltemployment you have fad from five years before the INCIDENT until today. 2.7 State: (a) the name and ADDRESS of each school or other academic or vocational institution you have attended, beginning with high school; (b} the dates you attended: {©} the highest grade level you have completed; and (a) the degrees received 2.8 Have you ever been convicted of a felony? Hf so, for each conviction state: (a) the sity and state where you were convicted: (b) the date of conviction: {c) the offense; and {d) the court and case number. & 29 Can you speak Engiish with ease? If nol, whet language and dialect de you sormally use? & 46. ou-tead-andwite-Engiishwittrosse? ifrot what TORO EESHOME Lugation (See separate form DiSC-004) 200,0 Employment Law [See separate form O18C-002) Family Law [See separate form FL-145) language and dialect do you normaly use? "0196-007 (Rev Jenwary 1 2008) FORM INTERROGATORIES--GENERALa 2.11 At the time of the INCIDENT were you acting as an agent or employee for any PERSON? ff so, state: (a) the name, ADDRESS, and telephone number of that PERSON: and (b) a description of your duties. 2.12 Ai the time of the INCIDENT did you or any other person have any physical, emotional, or mental disability or condition that may have contributed to the occurrence of the INCIDENT? Hf so, for each persan state: {a) the name, ADDRESS, and telephone number, {b) the nature of the disebility or condition; and {ce} the manner in which the disability or contributed to ine occurrence of the INCIDENT, condition 2.13 Within 24 hours before the INCIDENT did you or any person involved It the INCIDENT use or take any of the folowing substances: alcohclic beverage, marijuana, or other drug er medication of any kind (prescription or not)? If 8Q, for each person state: (a) the narne, ADDRESS, and telephone number, {bo} the nature or description of each substance; {c} the quantity of each substance used or taken; (d} the date and time of day when each subsiance was used or taken; {e) ihe ADDRESS where each substanca was used of taken, @ the name, ADDRESS, and ielephone number of each person who was present when each substance was used or taken; and (g) the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER who prescribed or furnished the substance and the condilion for which it was prescribed or furnished. 3.0 General Background Information—-Business Entity Qo 3.4 Are you a corporation? If so, state: (a) the name staied in the current articles of Incorporation; (b) aif other names used by the corporation during the past 40 years and the dates each was used; (0) the date anc place of incorporation; (2) the ADDRESS of the principal place of business; and (2) whether you are qualified to do business in California. 3.2 Are you a partnership? tf s0, state: (a) the current partnership name; (b) all other names used by the partnership during the past 10 years and the dates each was used; (c) whether you are a limited partnership and, if so, under the laws of what jurisdiction; (d) the name and ADDRESS of each general partner, and (e) the ADDRESS of the principat place of business. 3.3 Are you a limited liabltity company? If so, state: (a) the name stated in the current articles of organization; (b) all other names used by the company during the past 10 years and the date sach was used; (o) the date and place of filing of the arlicles of organization; (d} the ADDRESS of the principal place of ousiness, and (e} whether you are qualified to do business m California. DISC-004 (I) 3.4 Are you a joint venture? If so, s {a) ihe current joint venture name; {p) all other names used by the joint verture during the pasi 10 years and the dates each was used; (o) the name and ADDRESS of each joint ventures: and {d) the ADDRESS of the principat place of business. oclation? (1) 2.5 Are you an unincorporated as If so, state: (a) the current uniricorporated association name; (p) all other names used by the unincorporated a: during the past 10 years and the datas each was Used) and (c) the ADDRESS of the princlpa! piace of business. [1 3.6 Have you done business under a fictitious name during the past 10 years? if so, for each flctitlous a (e) the nam {o} the dates cach was used; (6) the state and county of eac! us fame filing, and id) the ADDRESS of the principal place of business Oo 3.7 Within the pasi five years has any public entity is- tered or licensed your business? If so, for cach license or registration: (a) identify the license or registration; {b) state the name of the public entity; (€) state the dates of issuance and expiration 4.9 Insurance 4.1 At the time of the INCIDENT, was there in effect any policy of insurance through which you were or might be insured in any manner (fer example, primary, pro-rata, or excess liability coverage or medical expense coverage) for the damagas, claims, or actions that have arisen out of tne INCIDENT? If so, for each policy state: {a) the kind of coverage: {b) the name and ADDRESS of the insurance company; {e) the name, ADDRESS, and telephone mimber of each named insured; id) the policy nurmber; (e) the limits of coverage for each type of coverage con tained in the policy; {® whether any reservation of rights or controversy or coverage dispute exisis between you and the insurance company, ard (g) the name, ADDRESS, and telephone number of the guatodian of the policy. RX 4.2 Ave you self-insured under any statute for the damages claims, or actions that have arisen out of the INCIDENT? If 80, specify the statute. 5.0 (Reserved) 8.0 Physical, Mental, or Emotional injuries D4 6.1 Me yau attribute any physical, mental, or emotional injuries to the INCIDENT? (if your answer is “no,” do not answer interrogatories 6.2 through 6.7}, BES tdeniily vach injury you attribute to the INCIDENT anc the area of your body affacted BASCOM [Rew Janwery 1, 2008) “FORM | INTERROGATORIES- (GENERAL,Dd 6.3 Do you stiff have any complaints that you attribute te the INCIDENT? If so, for each complaint state: (a) a description; {b) whether the complaint is subsiding, remaining the same, of becoming worse; and (o) the frequency and duration &X 64 Did you receive any consultation or examination (except from expert witnesses covered by Code of Civil Procedure sections 2034.210-2034.310) or treatment from a HEALTH CARE PROVIDER for any injury you attribute to the INCIDENT? If so, for aach HEALTH CARE PROVIDER state: {a) the name, ADDRESS, and telephone number; (b) the type of consultation, examination, or treatmart provided; {ce} the dates you received consultation, examination, or treatment; and (a) the charges to date. ©) 6.6 Have you taken any medication, prescribed or net, as a result of injuries that you attribute to the INCIDENT? If so, for each medication state: (a) the name: (o) the PERSON who prescribed or furnished It {c) the date it was prescribed or furnished; (d) the dates you bagan and stopped taking if; and (a) the cost io date. {X) 6.6 Are there any other medical services necessitated by the injuries that you attribute to the INCIDENT that were not previously listed (for example, ambulance, nursing, prosthetics)? [f so, far each service state: (a) the nature; (b) the date; (©) the cost; and (d) the name, ADDRESS, and telephone number of each provider. i 57 Has any HEALTH CARE PROVIDER advised that you fay require future or additional treatment for any injuries that you attribute to the INCIDENT? JF so, for each injury state: (a) the name and ADDRESS of each HEALTH CARE PROVIDER; (©) the compiaints for which the treatment was advised; and (c) the nature, duration, and estimated cost of the treaiment. 7,0 Property Damage C4 7.1 Do you attribute any toss of or damage to 4 vehicle or other property to the INCIDENT? If so, for each ilem of property: (a) describe the property; (b) describe the nature and location of the damage to the property; DISC-004 {c) state the amount of damage you are claiming for each item of properly and how the amount was calculated; and (0) if the property was sold, state the name, ADDRESS, and telephone number of the saber, the 2 of sale, and the sale price. 7.2 Has a wiitien estimate or avaiuation been macie for any iter of property referred lo in your answer to the preceding interrogatory? Hf so, for each estimate or evaluation state: (a) the name, ADDRESS, and telephone number of the PERSON who prepared it and the date prepare {o) the name, ADDRESS, and telephone au PERSON who has a copy of it and {c) the arnount of damage stated, 7.3 Has any item of property referred to in your answer to interrogatory 7.1 been repaired? Uf so, for each item sta (a) the date repaired; (2) a description of the repair; {c) the repair cost: (a) the name, ADDRESS, and telephone number of tne PERSON who repaired it; the name, ADDRESS, and telephone number of the PERSON who paid for the renair, {e 8.0 Loss of Income or Earning Capacity & f& x & kX 4 & B 8.1 Do you attribute any loss of income or eaming capacity to the INCIDENT? (if your answer is "no," do not answer interrogatories 8.2 through 8,8}. 8.2 State: (a} the nature of your work; () your joa title at the time of the INCIDENT; and (ce) the date your employment bagan 8.3 State the iast date before the INCIDENT that you worked for compensation, 8.4 Stale your monthly income at the time of the INCIDENT ang how the amount was calculated. 8.5 Siele the date you retumed io work ai each plane of employment following the INCIDENT. 8.8 State the dates you did not work and for which you tos! income as a resutt cf the INCIDENT. 8.7 State the total income you have lost to date as a result of the INCIDENT and how the arnount was calculated, 8.8 Will you fase income in the future as a result of the INCIDENT? If so, state: {a) the facts upon which you base this contention; (b) an estimate of the amount; {c) an estimate of how tong you will be unable te work; and (d) how the claim for future income is calculated. ‘156-001 raw January | 208) Logaitint ro. ‘Markli.c0m$.0 Other Damages SS] 9.1 Are there any other damages that you attribute to the INCIDENT? If so, for each item of darnage stete: {a} the nature; (b) the date it ocewred; (c) the amount, and (d) the name, ADDRESS, and telephone number of each PERSON jo whom an obligation was incurred [9.2 Do any DOCUMENTS support the existence or amour of any item of damages claimed in interrogatory 9.1? if so, describe each document and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 10.0 Medical History Be} 10.4 At any time before the INCIDENT did you have com- plaints oy injuries that Involved the same part of your body claimed to have been injured in the INCIDENT? {f so, for each slate: (a) a dascription of the complaint or injury; (b) the dates it began and ended; and (c) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER whom you consulted or who examined or treated you (1 10.2 List ali physical, mental, and emotional disabliities you had immediately before the INCIDENT. (You may omit mental or emotional disabilities unless you alirhute any menial or emotional injury to tha INCIDENT.} §2 10.3 At any time after the INCIDENT, did you sustain injuries of the kind for which you are now claiming damages? tf so, for aach incident giving rise to an injury state: (a) the date and the place it occurred; {b) the name, ADDRESS, and telephone number of any other PERSON involved; (c) the nature of any injuries you sustained; (d) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER who you consulted or who. examined or treated you; and {e) (he nature of the treatment and its duration. 44.0 Other Ciaims and Previous Claims Bi 17.1 Except for this action, in the past 10 years have you filed an action or made a written claim or demand for compensation for your personat injuries? |f so, for each action, claim, or demand state: (a) the date, time, and place and jocation (closest street ADDRESS or jntersection) of the INCIDENT giving rise to the action, claim, or demand; (®) the name, ADDRESS, and ielephone number of each PERSON against whom the claim or demand was made ‘or the action filed; DISC-004 (c) the court, names of the partios, and case number of any action filed; {d) the name, ADDRESS, and telephone number of any attorney representing you; (e} whether the ciaim of action has heen reselved of panding: and (a description of the injury. 47.2 In the past 19 years have you made a writen cial of demand for workers’ compensation benefits? Hf so, for each claim or demand state: (a) the date, time, and place of the INGIDE: the claim; {b) the name, ADDRESS, and telephone number of your empioyer at the time ol the injury; (c) the name, ADDRESS, and telephone number of the workers’ cormpensation insurer and the claim nuriber: (d) the period of time during which you received workers* ten benefits; {e) a description of the injury: @® the name, ADDRESS, and telephone nwnber of aay HEALTH CARE PROVIDER wie provided servi nid (g) the case number at the Warkers' Compensation Apps Board. NY giving tise te 12.0 Investigation—General 12.4 Stale the name, ADDRESS, and telephone number of each individual: (2) who witnessed the INCIDENT or the events ccourring immediately before or after the INCIDENT; ({b) who made any statement ai the scene of the INCI: {c) who heard any statements made aboul the INCIDENT by any individual at the scene; and (d) who YOU OR ANYONE ACTING ON YOUR BEHALF claim has knowledge of the [NCIDENT (ex expert witnesses covered by Code of Civil Proc section 2034) 12.2 Have YOU CR ANYONE ACTING ON YOUR BEHALF interviewed any individua! concerning the INCIDENT? If so, for each individual state: (a) the name, ADDRESS, and isiepho: individual Interviewed; (b) the date of the inlerview; and () the name, ADDRESS, and telephone number of the PERSON wito conducted the interview. 2 number of the 12.3 Have YOU OR ANYONE ACTING ON YOUR BEHALF obtained @ written of recorded statement from any indivicual conceming the INCIDENT? If so, for each siatement state: {a) the name, ADDRESS, and teleshone number of the individual from whern the statement was obtained; (2) the name, ADDRESS, and telephone rumber of the individual who obtained the staternent, (6) the date the statement was oblained; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original statement of a copy. BISE-0OF (Rev taary 4, 2608H FORM INTERROGATORIES—GENERAL12.4 Do YOU OR ANYONE ACTING ON YOUR BEHALF know of any photographs, filrns, or videotapes depicting any place, object, or individual cenceming the INCIDENT or plaintiffs injuries? tf so, state: (a) the number of photographs ar feet of film or videotape; {b) the places, objects, or persons photographed, fitmed, or videotaped; (c) the date the photographs, films, or videotapes were taken; ({d} the name, ADDRESS, and telephone number of the Individual leking the photagraphs, films, or videotapes; and {e) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of the photographs, films, or vidsotapes. &] 12.5 De YOU GR ANYONE ACTING ON YOUR BEHALF know of any diagram, reproduction, or model of any place or thing (except for items developed by expert witnesses covered by Code of Civil Procedure sections 2034.210~ 2034,340) concerning the INCIDENT? If so, for each item state: (@) the type (.e., diagram, reproduction, or model); (b) the subject matter; and (c) the name, ADDRESS, and telephone number of each PERSON who has it, BJ 12.6 Wes @ report made by any PERSON concerning the INCIDENT? if so, state: (a) the nama, title, identification number, and employer of the PERSON who made the report; {p) the date and type of report made; {c) the name, ADDRESS, and telephone number of the PERSON for whom the report was made; and (d) the name, ADDRESS, end telephone number of each PERSON who has the original or @ copy of the report. (J 12.7 Have YOU OR ANYONE ACTING ON YOUR BEHALF inspected ihe scene of the INCIDENT? If so, for each inspection state: (a) the name, ADDRESS, and telephone number of the individual making the inspection (excepi for expert witnesses covered by Cade of Civil Procedure sections 2034,210-2034.310); and (b) the date of the inspection. 13.0 Investigation-——Surveiliance GX 13.1 Have YOU OR ANYONE ACTING ON YOUR BEHALF conducted surveillance of any Individual involved in the INCIDENT or any party to this action? if so, for cach sur veillance siale: (a) the name, ADDRESS, and telephone number of the individual or party; (b) the time, date, and place of the surveillance; (c) the name, ADDRESS, and telephone number of the individual who conducted the surveiliance; and {d) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of any surveiilance photograph, film, or videotape. OISC-004 EX] 13.2 Has a writlen report been prepared on the surveillarice? If so, for sach writien report state: (a) the title, (b) the date: (c) the name, ADDRESS, and telephone number of the individual who prepared the report; and (4) the name, ADDRESS, and telephone number of each PERSON wha has the original or a copy 14.0 Statutory or Regulatory Vialations E%} 14.1 Do YOU OR ANYGNE ACTING ON YOUR BEHALE contend thet any PERSCN involved in the INCIDENT violated any statule, ordinance, or regutation and that the Violation was a legal (proximate) cause of the INCIDENT? If 80, identify the name, ADDRESS, and telephone nuinber of each PERSON and the statute, ordinance, or regulation that was violated. IX] 14.2 Was any PERSON cited or charged with a violation of any statute, ordinance, or reguiallon as a result of th INCIDENT? If so, for cacti PERSON state: {a) the name, ADDRESS, and telephone number of the PERSON; {b) the statute, ordinance, or regulation alloged!y violated; ) whelher the PERSON entered a plea ini response {0 the citation or charge and, if so, the plea entered: and () the name and ADDRESS of the court or administative agency, names of the parties, and case number. 15.0 Denials and Special or Affirmative Defenses ation and each special or affirmativa defense in your pleadings and for each: {a) state ali facts upen which you base the denial or apecial or affirmative defense; (b) slate tho names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (o} Kdentily all DOCUMENTS and other tangible things that support your denial or special or affirmative defense, and state the name, ADDRESS, and telephone number of the PERSON whe has each DOCUMENT. 16.0 Defendant's Contantions—-Personal injury 18.1 Do you contend that any PERSON, othe: than you or plaintifi, contritutad to the cecurrence of the INCIDENT or the injwies or damages claimed by plaintiff? If so, for each PERSON: {a) state the name, ADDRESS, and telephone number of ihe PERSON; (b) siate all facts upon which you base your cont {c) state the names, ADDRESSES, and telephone of ali PERSONS who have knowle (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT ar thing. (] 16.2 Do you contend that plaintiff was not injured in the INCIDENT? If so: (a) state ail facts upon which you base your cantention; {) state the names, ADDRESSES, and telephone numbers of ali PERSONS who have Knowledge of the facts, anc. (6) identify ell DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and ielephone murber of the PERSON who has each ‘DISC-004 [Rev January 1, 2000) Pages of 8[1] 16.3 D0 you contend that the injuries of the extent of the DISC-0Gt (Rev. January 4. 2008) ™ injures clakned by plaintiff as disclosed in discovery proceedings thus far in this case were not caused by the INCIDENT? If so, for each injury: {a) identify it; {b) state all facts upon which you base your contention; {c) state the names, ADDRESSES, and telephone numbers of ail PERSONS who have knowledge of the facts; and (2) identify ail DOCUMENTS and other tangible things that Support your contention and state ihe name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing, 16.4 Do you contend that any of the services furnished by any HEALTH CARE PROVIDER claimed by plaintiff in discovery proceedings thus far in this case were not due te the INCIDENT? If so: (a) identify each service: () state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADORESS, and telephone number of the PERSON who has sach DOCUMENT or thing, 16.5 Do you contend that any of the costs of services furnished by any HEALTH CARE PROVIDER claimed as damages by plaintiff in discovery proceedings thus far in this case were not necessary or unreasonable? If so: (a) identify each cost, (0) state ail facts upon which you base your contention: {9} state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts: and {d) identify al DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each BOCUMENT or thing, 16.6 Do you contend that any part of the loss of earings or income claimed by plalntiff in discovery proceedings thus far in this case was unreasonable or was not caused by the INCIDENT? if so: (a) identity each part of the loss: (%) state all facts upon which you base your contention; (o} state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts! and (¢) identify al! DOCUMENTS and other tangible things that support your contention and stale the name, ADDRESS, and ielephone nuraber of the PERSON who has each DOCUMENT or thing. 18.7 Do you contend thet any of the property damage claimed by plaintiff in discovery Proceedings thus far in this case was not caused by the INCIDENT? If so: {a) Identify each item of property damage; (p) state all facts upon which you base your contention: {c} state the names, ADDRESSES, and tefephone numbers of ail PERSONS who have knowledge of the facts; and () identify ail DOCUMENTS and other tangible things that si DISC-004 [] 16.8 Do you contend that any of the costs of repairing the property damage claimed by plaintiff in discovery proceedings thus far in this case were unreasonable? If so. (a} identify each cost Item: (p) State all facts upon which you base your contention; (co) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of tha facts; and (8) identify af DOCUMENTS and other tangible things thai Support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. (J 16.9 De YOU OR ANYONE ACTING ON YOUR BE! have any DOCUMENT (for example, insurance buraau index reports} concerning claims for personal injur before or afier the INCIDENT by a plainliff in 80, for each plaintiff state: (a) the souirce of each DOCUMENT; {0} the data each claim arose; {c) the nature of each claim: and (@) the name, ADDRESS, and telephone number of the PERSON wha has each DOCUMENT. F £7) 16.40 Oo YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT concerning the past or present physical, mental, or emotional condition of any ple this case from a HEALTH CARE PROVIDER nat prev identified (except for expert witnesses covered by Code of Civil Procedure sections 2034,210~2034.310)? If so, for each plaintiff state: (a) the name, ADORESS, and teleshone number of each HEALTH CARE PROVIDER: {b) @ description of each DOCUMENT; and {e) the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 17.0 Responses to Request for Admissions (7) 17.1 ts your response to each request for admission served with these interrogatories an unduallied admission? ff nol, for each response that Js not an unqualified admission (a) state the number of tha request; (6) state all facts upon which you base your respon (c} slate the names, ADDRESSES, and telephone numbers of all PERSONS who have knowlarige of tho: and identify all DOCUMENTS and other tangibic things that support your response and stale the name, ADDRESS, and telephone number of ihe PERSON who has DOCUMENT or thing. S 15.0 (Reserved 19.0 [Reserved} 20.0 How the [ncident Occurred-—Moter Vehicle ("J 20.1 State the daie, time, anc place of the INCIDENT (closest street ADDRESS or intersection) [[] 20.2 For each vehicic involved in thie INCIDENT, slate Lconention and stale the name, ADDRESS; and telephone number of the PERSON who has each DOCUMENT or thing (ay TRE Year, Wake, ModE, and license number, (0) the name, ADDRESS, and telephone number of the driver;{c) the name, ADDRESS, and telephone number of each occupant olber than the driver; DISC-004 {a} state the name, ADDRESS, and folephone iurrbor of each PERSON who has custody of each defective part. (3) the name, ADDRESS, and telephone number of each registered owner, (Ch) 20.14 State the name, ADDRESS, and telephone number of {e) the name, ADDRESS, and telephone number of each each owner and each PERSON who has had possession lessee; sinca the INCIDENT of each vehicle lnwalved in the ( the name, ADDRESS, and telephone number of each INCIDENT. owner other than the registered owner or lien holder, and 25.0 (Reserved] (g} the name of each owner who gave permission or consent to the driver to operate the venicte. 30.0 [Reserved] [2] 20.9 State the ADDRESS and location where your wip 4.0 (Reserved! began and the ADDRESS and location of your destination. 50.0 Contract EX] 50.1 For each agreement alleged in the pleadings: (a) Identify each DOCUMENT that is part of ihe ‘agreement and for each stale the name, ADDRESS, and tolaphona number of each PERSON who has the DOCUMENT; {b) state cach part of the agreamient not in writing, the name, ADDRESS, and telephone number of cach PERSON agraeing to that provision, and the date that [] 20.4 Describe the route that you followed from the beginning of your trip to the location of the INCIDENT, and siaie the location of each slop, other than routine traffic stops, during the trip leading up to the INCIDENT. 20.5 State the name of the street or roadway, the lane of travel, and the direction of travel of each vehicle involved in the INCIDENT for the 500 feet of travel before the part of (he agreement! was made; INCIDENT. {¢) identify ai DOCUMENTS that eviden: y part of the (] 20.6 pid iNCID 2 1 intersection? If so. agreement not in writing and for each stale ihe name, 0.8 Did the ENT occur at an inersed : ADDRESS, and telephone number of each PERSON Gesaribe all traffic control devices, signa!s, or signs at the whe has the DOCUMENT. (@) Identity all DOCUMENTS that are part of any modification to ihe agreement, and for each siato the 20.7 Wes there a trafic Signal facing you al the time of the name, ADDRESS, and telephone number of cach P if so, state: PERSON who has the DOCUMENT; @ er ireatien when you first saw it; (@) state each modification not in writing, the dale, and lhe (b) the colar; name, ADDRESS, and telephone number of each {co} the number of seconds it had bean that color; and PERSON agreeing to the modification, and ihe date ihe (d) whether the color changed between the time you first modification was made; saw it and the INCIDENT. () identify sf DOCUMENTS that evidence any madilication of the agreemont nat in writing and fer each siate the name, ADDRESS, and teiephone number of each PERSON who has the DOCUMENT. [7] 20:8 State how the INCIDENT occurred, giving the speed, diection, and location of each vehicte involved: {a} just before the INCIDENT: (b) ai the time of the INCIDENT; and (c) just after the INCIDENT. 4] 50.2 Was there a breach of any agreement alleged In the picadings? tf so, for each breach describe and give the date of every act or omission that you claim is the breach of the agreement CO 20.9 Do you have information that a malfunction or defect in a vehicie caused the INCIDENT? If so: (a) identify the vehicle; (b) identify each malfunction or defect: {o) state ihe name, ADDRESS, and telephone number of IX] 50.3 Was performance of any agreement alleged in the pleadings excused? If so, identify each agreement excused and state why performance was excused, IX) 50.4 Was any agreemont alleged in the pleadings termiy gach PERSON who is a witness to or has information about each malfunction or defect; and (d) state the name, ADDRESS, and telephone number of each PERSON who has custocly of each defective part. 20.10 Do you have information that any malfunction or defect in a vehicie contributed to the injuries sustained in the “INCIDENT? If so: (a) Identify the vehicle; (b) Identify each malfunction or defect; by mutual agreement, release, accord and satisfaction, or novation? if so, identify each agreement te: ated, the cate of terminaticn, and the basis of the termination. DX} 50.4 Is any agreement alleged in the pleadings unenforce able? If so, identify each unenforceable agreement and stale why itis unenforceabie, EY 60.6 is any agreement alleged in the pleadings ambiguous? If so, identify cach ambiguous agreement and state why it (oy state the Tame, ADDRESS; a Spon HUNDEr OF each PERSON who is 4 witness to or has information about each maifunction or defect; and aIMDIQTOT 69.0 {Reserved} DISC-007 (Rev. January 1 2000) "FORM INTERROGATORIES—GENERALos co am N @ & B&W ND PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO At the time of service, | was over 18 years of age and not a party to this action, | employed in the County of San Francisco, State of Callfornia, My business address is 3 Battery Street, Suite 550, San Francisco, California 94111. : On November 25, 2014, | served true copies of the following document(s) described as FORM INTERROGATORIES, SET ONE on tho interested parties in this action as follows: SEE ATTACHED LIST BY MAIL: | enclosed the document(s) in a sealed envelope or package addres to the persons at the addresses listed in the Service List and placed the envelope for co! and mailing, following our ordinary business practices. | am readily familiar with Murchison | & Gumming’s practice for collecting and processing correspondence for mailing. | am aware! that on motion of the party served, service is presumed invalid if the postal cancellation date of postage meter date is more than one business day after the date of deposit for mailing in this declaration. ! i declare under penalty of perjury under the laws of the State of Callfamia that the foregoing Is true and correct. “> = = = oe ao NN PG B&B BN = | Benjamin Martin, Esq. Law Offices of Benny Marin 195 41st Street P.O, Box 11120 Oakland, CA 94611 Telephone: 415-558-1760 Facsimile: 510-272-0714 SERVICE LIST etal, | Phillio Garcia vs. Carrie Wilson, in her capacity as trustee of The Wilson Family Trust, Plaintiff, Phillip GarciaEXHIBIT BMatthew K. Wisinski (SBN 195535) Joyce E. Clifford (SBN 197654) Katelyn M. Knight (SBN 264573) MURCHISON & CUMMING, LLP 275 Battery Street, Suite 550 San Francisco, California 94171 Telephone: (415) §24-4486 (445) §24-4905 Facsimile: (415) 391-2058 &-Mai mwisinski@murchisonlaw.com jclifford¢@murchisaniaw.com kicnight@murchisoniaw.com Attorneys for Defendant ANGELO WILSON SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO PHILLIP GARCIA, | CASE NO. CGC-14-638550 Plaintiff, SPECIAL INTERROGATORIES TO PLAINTIFF, SET ONE VS. Action Filed: April 10, 2044 CARRIE WILSON, in her capacity as Trial Date: None Set trustee of THE WILSON FAMILY TRUST, SHAUN MARKHAM, ERIKA MARKHAM, and ANGELO WILSON, and DOES 1-20, | Defendants. FROPOUNDING PARTY: ANGELO WILSON RESPONDING PARTY: GARCIA, PHILLIP SET NUMBER: ONE Defendant, Angelo Wilson, requests that plaintiff, Garcia, Phillip, answer under oatn, within 30 days, pursuant to Code of Civil Procedure Section 2030.010 through 2036,090, the following interrogatories: iit|| Evidence Code §250). | that this defendant is liable to you for Common Law Invasion of Privacy as described in your) | 4. Please identify yourself by all names which YOU (The terms "YOU" and/or "YOUR" means Plaintiff Garcia, Phillip) presently are or have in the past been known and | provide your social security number. | 2, Please set forth each and every fact upon which YOU base YOUR contention that this defendant is liable to you for Tenant Harassment as described In your First Cause | of Action in YOUR Complaint. 3. Identify with specificity any and all WRITINGS relating to YOUR first cause of | action in YOUR Complaint for Tenant Harassment. (For the purposes of this interrogatory YOU and/or YOUR includes you, your agents, your employees, your attorneys, your { accountants, your investigators, your insurance companies and their agents or employees and anyone else acting on your behalf), WRITING includes the original or copy of the handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any tangible thing, any form, communication or representation, including letters, words, pictures, sounds, and symbols or combination thereof, as defined by 4, identify each and every person who witnessed the events dasoribed in YOUR first cause of action for Tenant Harassment as described in YOUR Complaint. (For the purposes of this interrogatary YOU ancd/ar YOUR includes you, your agents, your employees, your attorneys, your accountants, your investigators, your insurance companies and their agents or employees and anyone else acting on your behalf). 5 Please set forth each and every fact upon which YOU base YOUR contention | i Second Cause of Action in YOUR Complaint. 6. Identify with specificity any and all WRITINGS relating to YOUR second cause) of actlon in YOUR Complaint for Common Law Invasion of Privacy. (For the purposes of this] interrogatory YOU and/or YOUR includes you, your agents, your employees, your attorneys, your accountants, your investigators, your insurance companies and thelr agents or employees and anyone else acting on your behalf), WRITING includes the orginal or copy 2 “SPECIAL INTERROGATOE= ogo ec oN OO HW PB wo NS of the handwriting, typewriting, printing, photostating, photographing, and every other including letters, words, pictures, sounds, and symbols or combination thereof, as defined by Evidence Code §250) | means of recording upon any tangible thing, any form, communication oF represaniation, | | | | i i 7. Identify each and every person who witnessed the events described in YOUR second cause of action for Common Law Invasion of Privacy as described in YOUR | Complaint. (For the purposes of this Interrogatory YOU and/or YOUR inciudes you, your | agents, your employees, your altorneys, your accountants, your investigators, your insurance companies and their agents or employees and anycne else acting on your behaif). 8. Please set forth each and every fact upon which YOU base YOUR contention that this defendant is flable to you for Invasion of Privacy Under Penal Code Sec. 632 and Sec, 637.2 as described in your third cause of action in YOUR Complaint 9, Identify with specificity any and all WRITINGS relating to YOUR third cause of i action in YOUR Complaint for Invasion of Privacy Under Penal Code Sec, 832 and Sec 637.2. (For the purposes of this interrogatory YOU and/or YOUR includes you, your agents, | your employees, your attorneys, your accountants, your investigators, your insurance | companies and their agents or employees and anyone else acting on yaur behalf). WRITING includes the original or copy of the handwriting, typewriting, printing, ohotostating, photographing, and every other means of recording upon any tangible thing, any form, | communication or representation, including letters, words, pictures, sounds, and symbeis or combination thereof, as defined by Evidence Code §250)}. i 10. Identify each and every person who witnessed the events described in YOUR i third cause of action for Invasion of Privacy Under Penal Code Sec. 832 and Sec. 637.2 ¢ idescribed in YOUR Complaint. (For the purposes of this interrogatory YOU and/or YOUR includes you, your agents, your employees, your attorneys, your accountants, your investigators, your insurance companies and their agents or employees and anyone else acting on your behalf}. SPECIALIN]9. Please set forth each and every fact upon which YOU base YOUR contention that this defendant is llable to you for Invasion of Privacy Under Pena! Code Sec, 647()(1) i as described in your fourth cause of action in YOUR Compiaint. 40. Identify with specificity any and all WRITINGS relating to YOUR fourth cause of action in YOUR Complaint for Invasion of Privacy Under Penal Code Sec, 647())(1). (For | the purposes of this interrogatory YOU and/or YOUR includes you, your agents, your | employees, your atlomeys, your accountants, your investigators, your insurance companies: and their