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1 William L. Adams SBN 166027
WILLIAM L. ADAMS, PC
2 P.O. BOX 1050
Windsor, CA 95492-1050
3 Telephone: (707) 236-2176
Email: bill@wladamspc.com
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5 Attorneys for Defendant
TWO ROCK VOLUNTEER FIRE DEPARTMENT
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SONOMA
10 FREAR STEPHEN SCHMID AND Case No. SCV-266225 and consolidated
ASTRID SCHMID, actions SCV-266731 and SCV-270339
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Plaintiffs, DEFENDANT TWO ROCK
12 VOLUNTEER FIRE DEPARMENTS
v. MOTION IN LIMINE TO PRECLUDE
13 EVIDENCE OF DIMINUTION OF
VALUE OF PLAINTIFFS’ PROPERTY
14 TWO ROCK VOLUNTEER FIRE [# 2 of 3 ]
DEPARTMENT,
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Defendant.
16 Trial Call: November 4, 2022
Time: 8:30 a.m.
17 AND CONSOLIDATED ACTIONS. Department: 19
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19 Defendant TWO ROCK VOLUNTEER FIRE DEPARTMENT, also known as TWO ROCK
20 FIRE DEPARTMENT (“Two Rock Fire”) in this consolidated case, hereby submits its Motion in
21 Limine # , Trial Brief for the jury trial set for November 4, 2022. As set forth in detail below,
22 because Plaintiffs have refused to provide any substantive answers or documents in response to
23 written discovery propounded by Two Rock Fire on August 12, 2022, and refused to allow Two
24 Rock Fire’s valuation expert to conduct a site inspection to complete his expert opinions regarding
25 any diminution in value, Plaintiffs should be precluded from presenting any evidence about
26 diminution of value at the trial.
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DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S MOTION IN LIMINE #2 of 3
1 From the Department 19 Trial Orders section D.2 on the Court Scope of Motions in Limine:
2 Scope: For motions in limine other than those expressly authorized by the Evidence Code,
3 counsel is directed to Campain v. Safeway Stores, Inc. (1972) 29.App.3d 362; Kelly v. New West
4 Fed. Sav. (1996) 49 Cal.App.4th 659; Amtower v. Photon Dynamics, Inc. (2008) 158 Cal.App.4th
5 1582; and Kinda v. Carpenter (2016) 247 Cal.App.4th 1268 with regard to the proper scope of
6 motions in limine. Generally, motions for judgment on the pleadings, leave to amend, motions for
7 summary adjudication and/or summary judgment, or bifurcation are not in limine motions and
8 should not be filed as such.
9 As shown by the supporting exhibits attached to this Motion in Limine, after Two Rock
10 Fire served its written Form Interrogatories, Special Interrogatories, and Request for Production of
11 Documents individually on each Plaintiff on August 12, 2022 (see Exhibits 1-6 ) , Plaintiffs chose
12 to provide joint responses that were comprised entirely and solely of objection, without any
13 substantive answers, production of any documents or any information at all regarding
14 identification of any facts, witnesses or documents that might support Plaintiffs’ claims of fraud,
15 negligent misrepresentation or diminution of value, as alleged in Plaintiffs’ Complaint for Fraud
16 filed on March 7, 2022.
17 Without any substantive answers to support the claims being made in this litigation,
18 Plaintiffs’ responses served September 15, 2022 (see Exhibits 7-9), were identical and repeated
19 101 times, containing only the following objection:
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“Objection. This [interrogatory/request] is propounded by a non-party to action
21 #SCV270339, it is objected to as not being propounded by an attorney of record in
action SCV-270339, and is objected to on being made on behalf of an entity that
22 does not legally exist as a corporation or as a fictious entity and has no legal right
to appear in court.”
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However, in its Order after Hearing entered October 20, 2022, the Court has ruled that this
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objection regarding the name and standing of Two Rock Fire is unmeritorious – and this ruling is
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the law of the case that binds the parties.
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At trial, a party can move to preclude the answering party from calling a witness not
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named or from introducing any evidence that goes beyond the scope of the answers given to the
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DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S MOTION IN LIMINE #2 of 3
1 interrogatories. Saxena v. Goffney (2008) 159 Cal.App.4th 316, 332 (witness may be excluded if
2 identity willfully omitted from interrogatory responses or withhold in violation of order
3 compelling further answers); Campain v. Safeway Stores, Inc. (1972) 29 Cal.App.3d 362,
4 (undisclosed claim for loss of earning and future earnings.); Universal Underwriters, Ins. Co. v.
5 Superior Court (1967 250 Cal.App.2d 722,*undisclosed contention).
6 Additionally, despite Two Rock Fire’s service on September 2, 2022 of a timely notice of
7 site inspection of Plaintiffs’ property on October 4, 2022 (see Exhibit 10), and discussion of the
8 importance of a site inspection to complete the expert opinion of Two Rock Fire’s valuation expert
9 witness Bill Groverman during his deposition on September 2, 2022, As shown in the annotated
10 excerpts of his rough deposition transcript provided in Exhibit 11, Mr. Groverman testified about
11 the importance of a site inspection in every valuation assignment he has as an expert witness and
12 confirmed that “the inspection date is next week. I believe that inspection date was set prior to
13 this deposition.” (Exhibit 11, p. 24, lines 1-3).
14 A week after Mr. Groverman’s deposition, Plaintiffs’ belatedly and untimely provided
15 joint “objections” in the late afternoon on October 3, 2022, refusing to allow the site inspection to
16 take place – citing, inter alia, the continued unmeritorious objection that Two Rock Fire had no
17 standing to pursue discovery, a right of privacy and Constitution protections (see Exhibit 12).
18 Plaintiffs’ refusal to allow Defendant Two Rock Fire and its disclosed valuation expert Mr.
19 Groverman to conduct a site inspection to assess and determine the validity, nature and scope of
20 Plaintiffs’ claims of diminution of value are akin to the requirements for a personal injury plaintiff
21 to submit to an independent medical examination if a person injury plaintiff wish to pursue injury
22 claims. See, e.g., Roberts v. Sup.Ct. (Weist) (1973) 9 Cal.3d 330, 337 (the examination must be
23 directly related to an injury or condition that is the subject of the litigation); Vinson v. Sup.Ct.
24 (Peralt Comm. College Dist.) 43 Cal.3d 833, 839 (“a party who chooses to allege that he has
25 mental and emotional difficulties can hardly deny his mental state is in controversy”); see also
26 Manzetti v. Sup. Ct. (Fitzgerald) (1993) 21 Cal.App.4th 373, 375 (concerning demand for
27 inspections of land under CCP section 2031.010(d)).) Plaintiffs here should be held accountable
28 for the consequences of their failure and refusal to provide discovery, as well as their deliberate
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DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S MOTION IN LIMINE #2 of 3
1 choices to solely object without any substantive answers and to refuse to allow a site inspection of
2 their property.
3 Plaintiffs’ failure and refusal to disclose evidence and evidentiary leads in pretrial
4 discovery should result in the Court precluding Plaintiffs from presenting evidence not disclosed.
5 “The discovery laws in California are designed to expedite the trial of civil matters by (1) enabling
6 counsel to more quickly and thoroughly obtain evidence and evidentiary leads, and thus to more
7 quickly and effectively prepare for trial, and (2) enabling counsel to ‘set at rest’ issues that are not
8 genuinely disputed.” Campain 29 Cal.App.3d 362, 366 (quoting Burke v. Superior Court 71
9 Cal.2d 276, 280-281). As in the Campaign case, Plaintiffs’ failure and refusal to disclose
10 evidence and evidentiary leads denied Defendants “a fair opportunity to meet the issue[s]” alleged
11 by Plaintiffs. In Campain, the Court of Appeal found that surprise to defendant “prejudiced its
12 defense”, and the Court ordered that defendant was entitled to further discovery and a new trial.
13 MOTION TO EXCLUDE EVIDENCE OF DIMINUTION OF VALUE
14 Based on the deliberate failure and refusal of Plaintiffs to provide any substantive responses
15 to form and special interrogatories, including the failure to produce any documents substantiating
16 any fraud, misrepresentation or resulting diminution in value of Plaintiffs’ property, Defendant
17 Two Rock Fire respectfully requests that Plaintiffs be barred from presenting any evidence about
18 diminution of value of their property from any witness.
19 Dated: November 1, 2022 WILLIAM L. ADAMS, PC
20
21 By:
William L. Adams, Counsel for Defendant
22 TWO ROCK VOLUNTEER FIRE DEPARTMENT
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SUPPORTING DECLARATION OF WILLIAM L. ADAMS
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25 I, WILLIAM L. ADAMS, declare:
26 1. I am an attorney duly licensed to practice before all Courts in the State of
27 California. I am the attorney of record for Defendant Two Rock Volunteer Fire Department,
28 also known as Two Rock Fire Department (“Two Rock Fire”) in this consolidated case.
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DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S MOTION IN LIMINE #2 of 3
1 2. I make this Declaration in support of the accompanying Motion in Limine of
2 Two Rock Fire. I have personal knowledge of the facts set forth in the Motion in Limine herein
3 and if called upon to testify thereto in a court of law, I could and would do so competently.
4 Pursuant to Evidence Code section 452(d), I respectfully request the Court take judicial notice
5 of the entirety of its own files and records in this consolidated matter, as well as the following
6 documents attached as Exhibits to this declaration
7 3. Attached hereto are the excerpts of the following written discovery documents
8 propounded on Plaintiffs; the joint objections returned by Plaintiffs; and documents related to
9 the duly-noticed October 4, 2022 site inspection of Plaintiffs’ property that Plaintiffs refused to
10 allow.:
11 Exhibit 1 – Two Rock Fire Form Interrogatories, Set No. One to Plaintiff Astrid Schmid
served August 12, 2022.
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Exhibit 2 – Two Rock Fire Special Interrogatories, Set No. One to Plaintiff Astrid
13 Schmid served August 12, 2022.
14 Exhibit 3 – Two Rock Fire Request for Production of Documents, Set No. One to
Plaintiff Astrid Schmid served August 12, 2022.
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Exhibit 4 – Two Rock Fire Form Interrogatories, Set No. One to Plaintiff Frear Stephen
16 Schmid served August 12, 2022.
17 Exhibit 5 – Two Rock Fire Special Interrogatories, Set No. One to Plaintiff Frear
Stephen Schmid served August 12, 2022.
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Exhibit 6 – Two Rock Fire Request for Production of Documents, Set No. One to
19 Plaintiff Frear Stephen Schmid served August 12, 2022.
20 Exhibit 7 – Plaintiffs’ joint objections to Two Rock Fire Form Interrogatories, Set No.
One, served September 15, 2022.
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Exhibit 8 – Plaintiffs’ joint objections to Two Rock Fire Special Interrogatories, Set No.
22 One, served September 15, 2022.
23 Exhibit 9 – Plaintiffs’ joint objections to Two Rock Fire Request for Production of
Documents, Set No. One, served September 15, 2022.
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Exhibit 10 – Two Rock Fire Notice of Inspection of Property served on Plaintiffs on
25 September 2, 2022 – with a property inspection date of October 4, 2022.
26 Exhibit 11 – Excerpts of the deposition on September 26, 2022 of Two Rock Fire’s
valuation expert witness Bill Groverman discussing importance of the site
27 inspection to be conducted on October 4, 2022.
28 Exhibit 12 – Plaintiffs’ joint objections to Two Rock Fire Notice of Inspection of
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DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S MOTION IN LIMINE #2 of 3
Property served on October 3, 2022.
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2 I declare under the penalty of perjury under the laws of the State of California that the
3 foregoing is true and correct. Executed in Windsor, California.
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Dated: November 1, 2022
6 William L. Adams
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DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S MOTION IN LIMINE #2 of 3
EXHIBIT 1
1 William L. Adams, Esq. (SBN 166027)
JOHNSTON | THOMAS, Attorneys at Law, P.C.
2 1400 N. Dutton Avenue, Suite 21
Santa Rosa, California 95401
3 Telephone: (707) 545-6542
Facsimile: (707) 545-1522
4 E-mail: wadams@johnstonthomas.com
5 Counsel for Defendant
TWO ROCK VOLUNTEER FIRE DEPARTMENT
6
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SONOMA
10 UNLIMITED CIVIL
11 FREAR STEPHEN SCHMID AND Case No. SCV-266225 and consolidated
ASTRID SCHMID, actions SCV-266731 and SCV-270339
12
Plaintiffs,
13
vs. DEFENDANT TWO ROCK VOLUNTEER
14 FIRE DEPARTMENT’S FORM
INTERROGATORIES TO PLAINTIFF
15 TWO ROCK VOLUNTEER FIRE ASTRID SCHMID, SET ONE (1)
DEPARTMENT, A California Nonprofit Public
16 Benefit Corporation,
Trial Call: November 4, 2022
17 Defendant. Time: 8:30 a.m.
Dept.: 19
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AND CONSOLIDATED ACTIONS.
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21 PROPOUNDING PARTY: DEFENDANT TWO ROCK VOLUNTEER FIRE
22 DEPARTMENT
23 RESPONDING PARTY: PLAINTIFF ASTRID SCHMID
24 SET NO: ONE (1)
25 NOTICE IS HEREBY GIVEN that the Propounding Party, pursuant to California Code of
26 Civil Procedure § 2030, requests and requires that you serve written responses to these Form
27 Interrogatories – General, signed by YOU under oath, within 30 days hereof.
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DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S
FORM INTERROGATORIES TO PLAINTIFF ASTRID SCHMID, SET ONE (1)
1 Pursuant to the Order After Hearing issued July 29, 2022, these Interrogatories shall
2 concern only issues, claims, and defenses arising in recently consolidated case number
3 SCV-270339, which was filed by Plaintiffs on March 7, 2022.
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5 Dated: August 17, 2022 JOHNSTON | THOMAS, Attorneys at Law, PC
6
7 By:
William L. Adams, Counsel for Defendant
8 TWO ROCK VOLUNTEER FIRE DEPARTMENT
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DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S
FORM INTERROGATORIES TO PLAINTIFF ASTRID SCHMID, SET ONE (1)
DISC-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
William L. Adams 166027
Johnston Thomas, Attorneys at Law, PC.
1400 N. Dutton Ave., #21
Santa Rosa, CA 95401
TELEPHONE NO.: 7075456542
7075451522
FAX NO. (Optional):
wadams@johnstonthomas.com
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): Defendant Two Rock Volunteer Fire Dept.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sonoma
Civil Division
SHORT TITLE OF CASE:
Schmid v. Two Rock Volunteer Fire Dept
FORM INTERROGATORIES-GENERAL CASE NUMBER:
Asking Party: Defendant Two Rock Volunteer Fire Department SCV-266225 and consolidated actions
SCV-266731 and SCV-270339
Answering Party: Astrid Schmid
Set No.: One (1)
Sec. 1. Instructions to All Parties (c) Each answer must be as complete and straightforward
(a) Interrogatories are written questions prepared by a party as the information reasonably available to you, including the
to an action that are sent to any other party in the action to be information possessed by your attorneys or agents, permits. If
answered under oath. The interrogatories below are form an interrogatory cannot be answered completely, answer it to
interrogatories approved for use in civil cases. the extent possible.
(b) For time limitations, requirements for service on other (d) If you do not have enough personal knowledge to fully
parties, and other details, see Code of Civil Procedure answer an interrogatory, say so, but make a reasonable and
sections 2030.010-2030.410 and the cases construing those good faith effort to get the information by asking other persons
sections. or organizations, unless the information is equally available to
(c) These form interrogatories do not change existing law the asking party.
relating to interrogatories nor do they affect an answering (e) Whenever an interrogatory may be answered by
party's right to assert any privilege or make any objection. referring to a document, the document may be attached as an
Sec. 2. Instructions to the Asking Party exhibit to the response and referred to in the response. If the
(a) These interrogatories are designed for optional use by document has more than one page, refer to the page and
parties in unlimited civil cases where the amount demanded section where the answer to the interrogatory can be found.
exceeds $25,000. Separate interrogatories, Form (f) Whenever an address and telephone number for the
Interrogatories - Limited Civil Cases (Economic Litigation) same person are requested in more than one interrogatory,
(form DISC-004), which have no subparts, are designed for you are required to furnish them in answering only the first
use in limited civil cases where the amount demanded is interrogatory asking for that information.
$25,000 or less; however, those interrogatories may also be (g) If you are asserting a privilege or making an objection to
used in unlimited civil cases. an interrogatory, you must specifically assert the privilege or
(b) Check the box next to each interrogatory that you want state the objection in your written response.
the answering party to answer. Use care in choosing those (h) Your answers to these interrogatories must be verified,
interrogatories that are applicable to the case. dated, and signed. You may wish to use the following form at
(c) You may insert your own definition of INCIDENT in the end of your answers:
Section 4, but only where the action arises from a course of I declare under penalty of perjury under the laws of the
conduct or a series of events occurring over a period of time. State of California that the foregoing answers are true and
(d) The interrogatories in section 16.0, Defendant's correct.
Contentions-Personal Injury, should not be used until the
defendant has had a reasonable opportunity to conduct an (DATE) (SIGNATURE)
investigation or discovery of plaintiff's injuries and damages.
Sec. 4. Definitions
(e) Additional interrogatories may be attached.
Words in BOLDFACE CAPITALS in these interrogatories
Sec. 3. Instructions to the Answering Party
are defined as follows:
(a) An answer or other appropriate response must be
given to each interrogatory checked by the asking party. (a) (Check one of the following):
(b) As a general rule, within 30 days after you are served X (1) INCIDENT includes the circumstances and
with these interrogatories, you must serve your responses on events surrounding the alleged accident, injury, or
the asking party and serve copies of your responses on all other occurrence or breach of contract giving rise to
other parties to the action who have appeared. See Code of this action or proceeding.
Civil Procedure sections 2030.260-2030.270 for details.
Page 1 of 8
Form Approved for Optional Use FORM INTERROGATORIES - GENERAL Code of Civil Procedure,
Judicial Council of California §§ 2030.010-2030.410, 2033.710
DISC-001 [Rev. January 1, 2008] www.courtinfo.ca.gov
Two Rock VFD
DISC-001
(2) INCIDENT means (insert your definition here or 1.0 Identity of Persons Answering These Interrogatories
on a separate, attached sheet labeled "Sec.
4(a)(2)"): X 1.1 State the name, ADDRESS, telephone number, and
relationship to you of each PERSON who prepared or
assisted in the preparation of the responses to these
interrogatories. (Do not identify anyone who simply typed or
reproduced the responses.)
2.0 General Background Information - individual
(b) YOU OR ANYONE ACTING ON YOUR BEHALF
includes you, your agents, your employees, your insurance 2.1
X State:
(a) your name;
companies, their agents, their employees, your attorneys, your
(b) every name you have used in the past; and
accountants, your investigators, and anyone else acting on
(c) the dates you used each name.
your behalf.
(c) PERSON includes a natural person, firm, association, X 2.2 State the date and place of your birth.
organization, partnership, business, trust, limited liability
company, corporation, or public entity. 2.3 At the time of the INCIDENT, did you have a driver's
license? If so state:
(d) DOCUMENT means a writing, as defined in Evidence
(a) the state or other issuing entity;
Code section 250, and includes the original or a copy of
(b) the license number and type;
handwriting, typewriting, printing, photostats, photographs,
(c) the date of issuance; and
electronically stored information, and every other means of
(d) all restrictions.
recording upon any tangible thing and form of communicating
or representation, including letters, words, pictures, sounds, or 2.4 At the time of the INCIDENT, did you have any other
permit or license for the operation of a motor vehicle? If so,
symbols, or combinations of them.
state:
(e) HEALTH CARE PROVIDER includes any PERSON
(a) the state or other issuing entity;
referred to in Code of Civil Procedure section 667.7(e)(3).
(b) the license number and type;
(f) ADDRESS means the street address, including the city,
(c) the date of issuance; and
state, and zip code.
(d) all restrictions.
Sec. 5. Interrogatories
The following interrogatories have been approved by the X 2.5 State:
(a) your present residence ADDRESS;
Judicial Council under Code of Civil Procedure section 2033.710:
(b) your residence ADDRESSES for the past five years; and
CONTENTS (c) the dates you lived at each ADDRESS.
1.0 Identity of Persons Answering These Interrogatories
2.0 General Background Information - Individual X 2.6 State:
(a) the name, ADDRESS, and telephone number of your
3.0 General Background Information - Business Entity
present employer or place of self-employment; and
4.0 Insurance
(b) the name, ADDRESS, dates of employment, job title,
5.0 [Reserved]
and nature of work for each employer or
6.0 Physical, Mental, or Emotional Injuries
self-employment you have had from five years before
7.0 Property Damage
the INCIDENT until today.
8.0 Loss of Income or Earning Capacity
9.0 Other Damages X 2.7 State:
10.0 Medical History (a) the name and ADDRESS of each school or other
11.0 Other Claims and Previous Claims academic or vocational institution you have attended,
12.0 Investigation - General beginning with high school;
13.0 Investigation - Surveillance (b) the dates you attended;
14.0 Statutory or Regulatory Violations (c) the highest grade level you have completed; and
15.0 Denials and Special or Affirmative Defenses (d) the degrees received.
16.0 Defendant's Contentions Personal Injury
17.0 Responses to Request for Admissions X 2.8 Have you ever been convicted of a felony? If so, for
each conviction state:
18.0 [Reserved]
(a) the city and state where you were convicted;
19.0 [Reserved]
(b) the date of conviction;
20.0 How the Incident Occurred - Motor Vehicle
(c) the offense; and
25.0 [Reserved]
(d) the court and case number.
30.0 [Reserved]
40.0 [Reserved] X 2.9 Can you speak English with ease? If not, what
50.0 Contract language and dialect do you normally use?
60.0 [Reserved]
70.0 Unlawful Detainer [See separate form DISC-003] X 2.10 Can you read and write English with ease? If not, what
language and dialect do you normally use?
101.0 Economic Litigation [See separate form DISC-004]
200.0 Employment Law [See separate form DISC-002]
Family Law [See separate form FL-145]
DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES - GENERAL Page 2 of 8
Two Rock VFD
DISC-001
X 2.11 At the time of the INCIDENT were you acting as an X 3.4 Are you a joint venture? If so, state:
agent or employee for any PERSON? If so, state: (a) the current joint venture name;
(a) the name, ADDRESS, and telephone number of that (b) all other names used by the joint venture during the
PERSON; and past 10 years and the dates each was used;
(b) a description of your duties. (c) the name and ADDRESS of each joint venture; and
(d) the ADDRESS of the principal place of business.
2.12 At the time of the INCIDENT did you or any other
person have any physical, emotional, or mental disability or X 3.5 Are you an unincorporated association?
condition that may have contributed to the occurrence of the If so, state:
INCIDENT? If so, for each person state: (a) the current unincorporated association name;
(a) the name, ADDRESS, and telephone number; (b) all other names used by the unincorporated association
(b) the nature of the disability or condition; and during the past 10 years and the dates each was used;
(c) the manner in which the disability or condition and
contributed to the occurrence of the INCIDENT. (c) the ADDRESS of the principal place of business.
2.13 Within 24 hours before the INCIDENT did you or any
X 3.6 Have you done business under a fictitious name during
person involved in the INCIDENT use or take any of the
the past 10 years? If so, for each fictitious name state:
following substances: alcoholic beverage, marijuana, or
(a) the name;
other drug or medication of any kind (prescription or not)? If
(b) the dates each was used;
so, for each person state:
(c) the state and county of each fictitious name filing; and
(a) the name, ADDRESS, and telephone number;
(d) the ADDRESS of the principal place of business.
(b) the nature or description of each substance;
(c) the quantity of each substance used or taken; X 3.7 Within the past five years has any public entity regis-
(d) the date and time of day when each substance was used tered or licensed your business? If so, for each license or
or taken; registration:
(e) the ADDRESS where each substance was used or (a) identify the license or registration;
taken; (b) state the name of the public entity; and
(f) the name, ADDRESS, and telephone number of each (c) state the dates of issuance and expiration.
person who was present when each substance was used
4.0 Insurance
or taken; and
(g) the name, ADDRESS, and telephone number of any X 4.1 At the time of the INCIDENT, was there in effect any
policy of insurance through which you were or might be
HEALTH CARE PROVIDER who prescribed or furnished
insured in any manner (for example, primary, pro-rata, or
the substance and the condition for which it was
excess liability coverage or medical expense coverage) for
prescribed or furnished.
the damages, claims, or actions that have arisen out of the
3.0 General Background Information - Business Entity INCIDENT? If so, for each policy state:
X 3.1 Are you a corporation? If so, state: (a) the kind of coverage;
(a) the name stated in the current articles of incorporation; (b) the name and ADDRESS of the insurance company;
(b) all other names used by the corporation during the past (c) the name, ADDRESS, and telephone number of each
10 years and the dates each was used; named insured;
(c) the date and place of incorporation; (d) the policy number;
(d) the ADDRESS of the principal place of business; and (e) the limits of coverage for each type of coverage con-
(e) whether you are qualified to do business in California. tained in the policy;
(f) whether any reservation of rights or controversy or
X 3.2 Are you a partnership? If so, state:
coverage dispute exists between you and the insurance
(a) the current partnership name;
company; and
(b) all other names used by the partnership during the past
(g) the name, ADDRESS, and telephone number of the
10 years and the dates each was used;
custodian of the policy.
(c) whether you are a limited partnership and, if so, under
the laws of what jurisdiction; X 4.2 Are you self-insured under any statute for the damages,
claims, or actions that have arisen out of the INCIDENT? If
(d) the name and ADDRESS of each general partner; and
so, specify the statute.
(e) the ADDRESS of the principal place of business.
5.0 [Reserved]
X 3.3 Are you a limited liability company? If so, state:
(a) the name stated in the current articles of organization; 6.0 Physical, Mental, or Emotional Injuries
(b) all other names used by the company during the past 10
years and the date each was used; X 6.1 Do you attribute any physical, mental, or emotional
injuries to the INCIDENT? (If your answer is "no," do not
(c) the date and place of filing of the articles of organization;
answer interrogatories 6.2 through 6.7).
(d) the ADDRESS of the principal place of business; and
(e) whether you are qualified to do business in California. 6.2 Identify each injury you attribute to the INCIDENT and
the area of your body affected.
DISC-001 [Rev. January 1, 2008] Page 3 of 8
FORM INTERROGATORIES - GENERAL
Two Rock VFD
DISC-001
6.3 Do you still have any complaints that you attribute to (c) state the amount of damage you are claiming for each
the INCIDENT? If so, for each complaint state: item of property and how the amount was calculated; and
(a) a description; (d) if the property was sold, state the name, ADDRESS, and
(b) whether the complaint is subsiding, remaining the same, telephone number of the seller, the date of sale, and the
or becoming worse; and sale price.
(c) the frequency and duration.
X 7.2 Has a written estimate or evaluation been made for any
6.4 Did you receive any consultation or examination item of property referred to in your answer to the preceding
(except from expert witnesses covered by Code of Civil interrogatory? If so, for each estimate or evaluation state:
Procedure sections 2034.210-2034.310) or treatment from a (a) the name, ADDRESS, and telephone number of the
HEALTH CARE PROVIDER for any injury you attribute to PERSON who prepared it and the date prepared;
the INCIDENT? If so, for each HEALTH CARE PROVIDER (b) the name, ADDRESS, and telephone number of each
state: PERSON who has a copy of it; and
(a) the name, ADDRESS, and telephone number; (c) the amount of damage stated.
(b) the type of consultation, examination, or treatment
provided; X 7.3 Has any item of property referred to in your answer to
interrogatory 7.1 been repaired? If so, for each item state:
(c) the dates you received consultation, examination, or
(a) the date repaired;
treatment; and
(b) a
Preview
1 William L. Adams SBN 166027 WILLIAM L. ADAMS, PC 2 P.O. BOX 1050 Windsor, CA 95492-1050 3 Telephone: (707) 236-2176 Email: bill@wladamspc.com 4 5 Attorneys for Defendant TWO ROCK VOLUNTEER FIRE DEPARTMENT 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SONOMA 10 FREAR STEPHEN SCHMID AND Case No. SCV-266225 and consolidated ASTRID SCHMID, actions SCV-266731 and SCV-270339 11 Plaintiffs, DEFENDANT TWO ROCK 12 VOLUNTEER FIRE DEPARMENTS v. MOTION IN LIMINE TO PRECLUDE 13 EVIDENCE OF DIMINUTION OF VALUE OF PLAINTIFFS’ PROPERTY 14 TWO ROCK VOLUNTEER FIRE [# 2 of 3 ] DEPARTMENT, 15 Defendant. 16 Trial Call: November 4, 2022 Time: 8:30 a.m. 17 AND CONSOLIDATED ACTIONS. Department: 19 18 19 Defendant TWO ROCK VOLUNTEER FIRE DEPARTMENT, also known as TWO ROCK 20 FIRE DEPARTMENT (“Two Rock Fire”) in this consolidated case, hereby submits its Motion in 21 Limine # , Trial Brief for the jury trial set for November 4, 2022. As set forth in detail below, 22 because Plaintiffs have refused to provide any substantive answers or documents in response to 23 written discovery propounded by Two Rock Fire on August 12, 2022, and refused to allow Two 24 Rock Fire’s valuation expert to conduct a site inspection to complete his expert opinions regarding 25 any diminution in value, Plaintiffs should be precluded from presenting any evidence about 26 diminution of value at the trial. 27 . 28 1 DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S MOTION IN LIMINE #2 of 3 1 From the Department 19 Trial Orders section D.2 on the Court Scope of Motions in Limine: 2 Scope: For motions in limine other than those expressly authorized by the Evidence Code, 3 counsel is directed to Campain v. Safeway Stores, Inc. (1972) 29.App.3d 362; Kelly v. New West 4 Fed. Sav. (1996) 49 Cal.App.4th 659; Amtower v. Photon Dynamics, Inc. (2008) 158 Cal.App.4th 5 1582; and Kinda v. Carpenter (2016) 247 Cal.App.4th 1268 with regard to the proper scope of 6 motions in limine. Generally, motions for judgment on the pleadings, leave to amend, motions for 7 summary adjudication and/or summary judgment, or bifurcation are not in limine motions and 8 should not be filed as such. 9 As shown by the supporting exhibits attached to this Motion in Limine, after Two Rock 10 Fire served its written Form Interrogatories, Special Interrogatories, and Request for Production of 11 Documents individually on each Plaintiff on August 12, 2022 (see Exhibits 1-6 ) , Plaintiffs chose 12 to provide joint responses that were comprised entirely and solely of objection, without any 13 substantive answers, production of any documents or any information at all regarding 14 identification of any facts, witnesses or documents that might support Plaintiffs’ claims of fraud, 15 negligent misrepresentation or diminution of value, as alleged in Plaintiffs’ Complaint for Fraud 16 filed on March 7, 2022. 17 Without any substantive answers to support the claims being made in this litigation, 18 Plaintiffs’ responses served September 15, 2022 (see Exhibits 7-9), were identical and repeated 19 101 times, containing only the following objection: 20 “Objection. This [interrogatory/request] is propounded by a non-party to action 21 #SCV270339, it is objected to as not being propounded by an attorney of record in action SCV-270339, and is objected to on being made on behalf of an entity that 22 does not legally exist as a corporation or as a fictious entity and has no legal right to appear in court.” 23 However, in its Order after Hearing entered October 20, 2022, the Court has ruled that this 24 objection regarding the name and standing of Two Rock Fire is unmeritorious – and this ruling is 25 the law of the case that binds the parties. 26 At trial, a party can move to preclude the answering party from calling a witness not 27 named or from introducing any evidence that goes beyond the scope of the answers given to the 28 2 DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S MOTION IN LIMINE #2 of 3 1 interrogatories. Saxena v. Goffney (2008) 159 Cal.App.4th 316, 332 (witness may be excluded if 2 identity willfully omitted from interrogatory responses or withhold in violation of order 3 compelling further answers); Campain v. Safeway Stores, Inc. (1972) 29 Cal.App.3d 362, 4 (undisclosed claim for loss of earning and future earnings.); Universal Underwriters, Ins. Co. v. 5 Superior Court (1967 250 Cal.App.2d 722,*undisclosed contention). 6 Additionally, despite Two Rock Fire’s service on September 2, 2022 of a timely notice of 7 site inspection of Plaintiffs’ property on October 4, 2022 (see Exhibit 10), and discussion of the 8 importance of a site inspection to complete the expert opinion of Two Rock Fire’s valuation expert 9 witness Bill Groverman during his deposition on September 2, 2022, As shown in the annotated 10 excerpts of his rough deposition transcript provided in Exhibit 11, Mr. Groverman testified about 11 the importance of a site inspection in every valuation assignment he has as an expert witness and 12 confirmed that “the inspection date is next week. I believe that inspection date was set prior to 13 this deposition.” (Exhibit 11, p. 24, lines 1-3). 14 A week after Mr. Groverman’s deposition, Plaintiffs’ belatedly and untimely provided 15 joint “objections” in the late afternoon on October 3, 2022, refusing to allow the site inspection to 16 take place – citing, inter alia, the continued unmeritorious objection that Two Rock Fire had no 17 standing to pursue discovery, a right of privacy and Constitution protections (see Exhibit 12). 18 Plaintiffs’ refusal to allow Defendant Two Rock Fire and its disclosed valuation expert Mr. 19 Groverman to conduct a site inspection to assess and determine the validity, nature and scope of 20 Plaintiffs’ claims of diminution of value are akin to the requirements for a personal injury plaintiff 21 to submit to an independent medical examination if a person injury plaintiff wish to pursue injury 22 claims. See, e.g., Roberts v. Sup.Ct. (Weist) (1973) 9 Cal.3d 330, 337 (the examination must be 23 directly related to an injury or condition that is the subject of the litigation); Vinson v. Sup.Ct. 24 (Peralt Comm. College Dist.) 43 Cal.3d 833, 839 (“a party who chooses to allege that he has 25 mental and emotional difficulties can hardly deny his mental state is in controversy”); see also 26 Manzetti v. Sup. Ct. (Fitzgerald) (1993) 21 Cal.App.4th 373, 375 (concerning demand for 27 inspections of land under CCP section 2031.010(d)).) Plaintiffs here should be held accountable 28 for the consequences of their failure and refusal to provide discovery, as well as their deliberate 3 DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S MOTION IN LIMINE #2 of 3 1 choices to solely object without any substantive answers and to refuse to allow a site inspection of 2 their property. 3 Plaintiffs’ failure and refusal to disclose evidence and evidentiary leads in pretrial 4 discovery should result in the Court precluding Plaintiffs from presenting evidence not disclosed. 5 “The discovery laws in California are designed to expedite the trial of civil matters by (1) enabling 6 counsel to more quickly and thoroughly obtain evidence and evidentiary leads, and thus to more 7 quickly and effectively prepare for trial, and (2) enabling counsel to ‘set at rest’ issues that are not 8 genuinely disputed.” Campain 29 Cal.App.3d 362, 366 (quoting Burke v. Superior Court 71 9 Cal.2d 276, 280-281). As in the Campaign case, Plaintiffs’ failure and refusal to disclose 10 evidence and evidentiary leads denied Defendants “a fair opportunity to meet the issue[s]” alleged 11 by Plaintiffs. In Campain, the Court of Appeal found that surprise to defendant “prejudiced its 12 defense”, and the Court ordered that defendant was entitled to further discovery and a new trial. 13 MOTION TO EXCLUDE EVIDENCE OF DIMINUTION OF VALUE 14 Based on the deliberate failure and refusal of Plaintiffs to provide any substantive responses 15 to form and special interrogatories, including the failure to produce any documents substantiating 16 any fraud, misrepresentation or resulting diminution in value of Plaintiffs’ property, Defendant 17 Two Rock Fire respectfully requests that Plaintiffs be barred from presenting any evidence about 18 diminution of value of their property from any witness. 19 Dated: November 1, 2022 WILLIAM L. ADAMS, PC 20 21 By: William L. Adams, Counsel for Defendant 22 TWO ROCK VOLUNTEER FIRE DEPARTMENT 23 SUPPORTING DECLARATION OF WILLIAM L. ADAMS 24 25 I, WILLIAM L. ADAMS, declare: 26 1. I am an attorney duly licensed to practice before all Courts in the State of 27 California. I am the attorney of record for Defendant Two Rock Volunteer Fire Department, 28 also known as Two Rock Fire Department (“Two Rock Fire”) in this consolidated case. 4 DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S MOTION IN LIMINE #2 of 3 1 2. I make this Declaration in support of the accompanying Motion in Limine of 2 Two Rock Fire. I have personal knowledge of the facts set forth in the Motion in Limine herein 3 and if called upon to testify thereto in a court of law, I could and would do so competently. 4 Pursuant to Evidence Code section 452(d), I respectfully request the Court take judicial notice 5 of the entirety of its own files and records in this consolidated matter, as well as the following 6 documents attached as Exhibits to this declaration 7 3. Attached hereto are the excerpts of the following written discovery documents 8 propounded on Plaintiffs; the joint objections returned by Plaintiffs; and documents related to 9 the duly-noticed October 4, 2022 site inspection of Plaintiffs’ property that Plaintiffs refused to 10 allow.: 11 Exhibit 1 – Two Rock Fire Form Interrogatories, Set No. One to Plaintiff Astrid Schmid served August 12, 2022. 12 Exhibit 2 – Two Rock Fire Special Interrogatories, Set No. One to Plaintiff Astrid 13 Schmid served August 12, 2022. 14 Exhibit 3 – Two Rock Fire Request for Production of Documents, Set No. One to Plaintiff Astrid Schmid served August 12, 2022. 15 Exhibit 4 – Two Rock Fire Form Interrogatories, Set No. One to Plaintiff Frear Stephen 16 Schmid served August 12, 2022. 17 Exhibit 5 – Two Rock Fire Special Interrogatories, Set No. One to Plaintiff Frear Stephen Schmid served August 12, 2022. 18 Exhibit 6 – Two Rock Fire Request for Production of Documents, Set No. One to 19 Plaintiff Frear Stephen Schmid served August 12, 2022. 20 Exhibit 7 – Plaintiffs’ joint objections to Two Rock Fire Form Interrogatories, Set No. One, served September 15, 2022. 21 Exhibit 8 – Plaintiffs’ joint objections to Two Rock Fire Special Interrogatories, Set No. 22 One, served September 15, 2022. 23 Exhibit 9 – Plaintiffs’ joint objections to Two Rock Fire Request for Production of Documents, Set No. One, served September 15, 2022. 24 Exhibit 10 – Two Rock Fire Notice of Inspection of Property served on Plaintiffs on 25 September 2, 2022 – with a property inspection date of October 4, 2022. 26 Exhibit 11 – Excerpts of the deposition on September 26, 2022 of Two Rock Fire’s valuation expert witness Bill Groverman discussing importance of the site 27 inspection to be conducted on October 4, 2022. 28 Exhibit 12 – Plaintiffs’ joint objections to Two Rock Fire Notice of Inspection of 5 DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S MOTION IN LIMINE #2 of 3 Property served on October 3, 2022. 1 2 I declare under the penalty of perjury under the laws of the State of California that the 3 foregoing is true and correct. Executed in Windsor, California. 4 5 Dated: November 1, 2022 6 William L. Adams 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S MOTION IN LIMINE #2 of 3 EXHIBIT 1 1 William L. Adams, Esq. (SBN 166027) JOHNSTON | THOMAS, Attorneys at Law, P.C. 2 1400 N. Dutton Avenue, Suite 21 Santa Rosa, California 95401 3 Telephone: (707) 545-6542 Facsimile: (707) 545-1522 4 E-mail: wadams@johnstonthomas.com 5 Counsel for Defendant TWO ROCK VOLUNTEER FIRE DEPARTMENT 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SONOMA 10 UNLIMITED CIVIL 11 FREAR STEPHEN SCHMID AND Case No. SCV-266225 and consolidated ASTRID SCHMID, actions SCV-266731 and SCV-270339 12 Plaintiffs, 13 vs. DEFENDANT TWO ROCK VOLUNTEER 14 FIRE DEPARTMENT’S FORM INTERROGATORIES TO PLAINTIFF 15 TWO ROCK VOLUNTEER FIRE ASTRID SCHMID, SET ONE (1) DEPARTMENT, A California Nonprofit Public 16 Benefit Corporation, Trial Call: November 4, 2022 17 Defendant. Time: 8:30 a.m. Dept.: 19 18 AND CONSOLIDATED ACTIONS. 19 20 21 PROPOUNDING PARTY: DEFENDANT TWO ROCK VOLUNTEER FIRE 22 DEPARTMENT 23 RESPONDING PARTY: PLAINTIFF ASTRID SCHMID 24 SET NO: ONE (1) 25 NOTICE IS HEREBY GIVEN that the Propounding Party, pursuant to California Code of 26 Civil Procedure § 2030, requests and requires that you serve written responses to these Form 27 Interrogatories – General, signed by YOU under oath, within 30 days hereof. 28 -1- DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S FORM INTERROGATORIES TO PLAINTIFF ASTRID SCHMID, SET ONE (1) 1 Pursuant to the Order After Hearing issued July 29, 2022, these Interrogatories shall 2 concern only issues, claims, and defenses arising in recently consolidated case number 3 SCV-270339, which was filed by Plaintiffs on March 7, 2022. 4 5 Dated: August 17, 2022 JOHNSTON | THOMAS, Attorneys at Law, PC 6 7 By: William L. Adams, Counsel for Defendant 8 TWO ROCK VOLUNTEER FIRE DEPARTMENT 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S FORM INTERROGATORIES TO PLAINTIFF ASTRID SCHMID, SET ONE (1) DISC-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): William L. Adams 166027 Johnston Thomas, Attorneys at Law, PC. 1400 N. Dutton Ave., #21 Santa Rosa, CA 95401 TELEPHONE NO.: 7075456542 7075451522 FAX NO. (Optional): wadams@johnstonthomas.com E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Defendant Two Rock Volunteer Fire Dept. SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sonoma Civil Division SHORT TITLE OF CASE: Schmid v. Two Rock Volunteer Fire Dept FORM INTERROGATORIES-GENERAL CASE NUMBER: Asking Party: Defendant Two Rock Volunteer Fire Department SCV-266225 and consolidated actions SCV-266731 and SCV-270339 Answering Party: Astrid Schmid Set No.: One (1) Sec. 1. Instructions to All Parties (c) Each answer must be as complete and straightforward (a) Interrogatories are written questions prepared by a party as the information reasonably available to you, including the to an action that are sent to any other party in the action to be information possessed by your attorneys or agents, permits. If answered under oath. The interrogatories below are form an interrogatory cannot be answered completely, answer it to interrogatories approved for use in civil cases. the extent possible. (b) For time limitations, requirements for service on other (d) If you do not have enough personal knowledge to fully parties, and other details, see Code of Civil Procedure answer an interrogatory, say so, but make a reasonable and sections 2030.010-2030.410 and the cases construing those good faith effort to get the information by asking other persons sections. or organizations, unless the information is equally available to (c) These form interrogatories do not change existing law the asking party. relating to interrogatories nor do they affect an answering (e) Whenever an interrogatory may be answered by party's right to assert any privilege or make any objection. referring to a document, the document may be attached as an Sec. 2. Instructions to the Asking Party exhibit to the response and referred to in the response. If the (a) These interrogatories are designed for optional use by document has more than one page, refer to the page and parties in unlimited civil cases where the amount demanded section where the answer to the interrogatory can be found. exceeds $25,000. Separate interrogatories, Form (f) Whenever an address and telephone number for the Interrogatories - Limited Civil Cases (Economic Litigation) same person are requested in more than one interrogatory, (form DISC-004), which have no subparts, are designed for you are required to furnish them in answering only the first use in limited civil cases where the amount demanded is interrogatory asking for that information. $25,000 or less; however, those interrogatories may also be (g) If you are asserting a privilege or making an objection to used in unlimited civil cases. an interrogatory, you must specifically assert the privilege or (b) Check the box next to each interrogatory that you want state the objection in your written response. the answering party to answer. Use care in choosing those (h) Your answers to these interrogatories must be verified, interrogatories that are applicable to the case. dated, and signed. You may wish to use the following form at (c) You may insert your own definition of INCIDENT in the end of your answers: Section 4, but only where the action arises from a course of I declare under penalty of perjury under the laws of the conduct or a series of events occurring over a period of time. State of California that the foregoing answers are true and (d) The interrogatories in section 16.0, Defendant's correct. Contentions-Personal Injury, should not be used until the defendant has had a reasonable opportunity to conduct an (DATE) (SIGNATURE) investigation or discovery of plaintiff's injuries and damages. Sec. 4. Definitions (e) Additional interrogatories may be attached. Words in BOLDFACE CAPITALS in these interrogatories Sec. 3. Instructions to the Answering Party are defined as follows: (a) An answer or other appropriate response must be given to each interrogatory checked by the asking party. (a) (Check one of the following): (b) As a general rule, within 30 days after you are served X (1) INCIDENT includes the circumstances and with these interrogatories, you must serve your responses on events surrounding the alleged accident, injury, or the asking party and serve copies of your responses on all other occurrence or breach of contract giving rise to other parties to the action who have appeared. See Code of this action or proceeding. Civil Procedure sections 2030.260-2030.270 for details. Page 1 of 8 Form Approved for Optional Use FORM INTERROGATORIES - GENERAL Code of Civil Procedure, Judicial Council of California §§ 2030.010-2030.410, 2033.710 DISC-001 [Rev. January 1, 2008] www.courtinfo.ca.gov Two Rock VFD DISC-001 (2) INCIDENT means (insert your definition here or 1.0 Identity of Persons Answering These Interrogatories on a separate, attached sheet labeled "Sec. 4(a)(2)"): X 1.1 State the name, ADDRESS, telephone number, and relationship to you of each PERSON who prepared or assisted in the preparation of the responses to these interrogatories. (Do not identify anyone who simply typed or reproduced the responses.) 2.0 General Background Information - individual (b) YOU OR ANYONE ACTING ON YOUR BEHALF includes you, your agents, your employees, your insurance 2.1 X State: (a) your name; companies, their agents, their employees, your attorneys, your (b) every name you have used in the past; and accountants, your investigators, and anyone else acting on (c) the dates you used each name. your behalf. (c) PERSON includes a natural person, firm, association, X 2.2 State the date and place of your birth. organization, partnership, business, trust, limited liability company, corporation, or public entity. 2.3 At the time of the INCIDENT, did you have a driver's license? If so state: (d) DOCUMENT means a writing, as defined in Evidence (a) the state or other issuing entity; Code section 250, and includes the original or a copy of (b) the license number and type; handwriting, typewriting, printing, photostats, photographs, (c) the date of issuance; and electronically stored information, and every other means of (d) all restrictions. recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or 2.4 At the time of the INCIDENT, did you have any other permit or license for the operation of a motor vehicle? If so, symbols, or combinations of them. state: (e) HEALTH CARE PROVIDER includes any PERSON (a) the state or other issuing entity; referred to in Code of Civil Procedure section 667.7(e)(3). (b) the license number and type; (f) ADDRESS means the street address, including the city, (c) the date of issuance; and state, and zip code. (d) all restrictions. Sec. 5. Interrogatories The following interrogatories have been approved by the X 2.5 State: (a) your present residence ADDRESS; Judicial Council under Code of Civil Procedure section 2033.710: (b) your residence ADDRESSES for the past five years; and CONTENTS (c) the dates you lived at each ADDRESS. 1.0 Identity of Persons Answering These Interrogatories 2.0 General Background Information - Individual X 2.6 State: (a) the name, ADDRESS, and telephone number of your 3.0 General Background Information - Business Entity present employer or place of self-employment; and 4.0 Insurance (b) the name, ADDRESS, dates of employment, job title, 5.0 [Reserved] and nature of work for each employer or 6.0 Physical, Mental, or Emotional Injuries self-employment you have had from five years before 7.0 Property Damage the INCIDENT until today. 8.0 Loss of Income or Earning Capacity 9.0 Other Damages X 2.7 State: 10.0 Medical History (a) the name and ADDRESS of each school or other 11.0 Other Claims and Previous Claims academic or vocational institution you have attended, 12.0 Investigation - General beginning with high school; 13.0 Investigation - Surveillance (b) the dates you attended; 14.0 Statutory or Regulatory Violations (c) the highest grade level you have completed; and 15.0 Denials and Special or Affirmative Defenses (d) the degrees received. 16.0 Defendant's Contentions Personal Injury 17.0 Responses to Request for Admissions X 2.8 Have you ever been convicted of a felony? If so, for each conviction state: 18.0 [Reserved] (a) the city and state where you were convicted; 19.0 [Reserved] (b) the date of conviction; 20.0 How the Incident Occurred - Motor Vehicle (c) the offense; and 25.0 [Reserved] (d) the court and case number. 30.0 [Reserved] 40.0 [Reserved] X 2.9 Can you speak English with ease? If not, what 50.0 Contract language and dialect do you normally use? 60.0 [Reserved] 70.0 Unlawful Detainer [See separate form DISC-003] X 2.10 Can you read and write English with ease? If not, what language and dialect do you normally use? 101.0 Economic Litigation [See separate form DISC-004] 200.0 Employment Law [See separate form DISC-002] Family Law [See separate form FL-145] DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES - GENERAL Page 2 of 8 Two Rock VFD DISC-001 X 2.11 At the time of the INCIDENT were you acting as an X 3.4 Are you a joint venture? If so, state: agent or employee for any PERSON? If so, state: (a) the current joint venture name; (a) the name, ADDRESS, and telephone number of that (b) all other names used by the joint venture during the PERSON; and past 10 years and the dates each was used; (b) a description of your duties. (c) the name and ADDRESS of each joint venture; and (d) the ADDRESS of the principal place of business. 2.12 At the time of the INCIDENT did you or any other person have any physical, emotional, or mental disability or X 3.5 Are you an unincorporated association? condition that may have contributed to the occurrence of the If so, state: INCIDENT? If so, for each person state: (a) the current unincorporated association name; (a) the name, ADDRESS, and telephone number; (b) all other names used by the unincorporated association (b) the nature of the disability or condition; and during the past 10 years and the dates each was used; (c) the manner in which the disability or condition and contributed to the occurrence of the INCIDENT. (c) the ADDRESS of the principal place of business. 2.13 Within 24 hours before the INCIDENT did you or any X 3.6 Have you done business under a fictitious name during person involved in the INCIDENT use or take any of the the past 10 years? If so, for each fictitious name state: following substances: alcoholic beverage, marijuana, or (a) the name; other drug or medication of any kind (prescription or not)? If (b) the dates each was used; so, for each person state: (c) the state and county of each fictitious name filing; and (a) the name, ADDRESS, and telephone number; (d) the ADDRESS of the principal place of business. (b) the nature or description of each substance; (c) the quantity of each substance used or taken; X 3.7 Within the past five years has any public entity regis- (d) the date and time of day when each substance was used tered or licensed your business? If so, for each license or or taken; registration: (e) the ADDRESS where each substance was used or (a) identify the license or registration; taken; (b) state the name of the public entity; and (f) the name, ADDRESS, and telephone number of each (c) state the dates of issuance and expiration. person who was present when each substance was used 4.0 Insurance or taken; and (g) the name, ADDRESS, and telephone number of any X 4.1 At the time of the INCIDENT, was there in effect any policy of insurance through which you were or might be HEALTH CARE PROVIDER who prescribed or furnished insured in any manner (for example, primary, pro-rata, or the substance and the condition for which it was excess liability coverage or medical expense coverage) for prescribed or furnished. the damages, claims, or actions that have arisen out of the 3.0 General Background Information - Business Entity INCIDENT? If so, for each policy state: X 3.1 Are you a corporation? If so, state: (a) the kind of coverage; (a) the name stated in the current articles of incorporation; (b) the name and ADDRESS of the insurance company; (b) all other names used by the corporation during the past (c) the name, ADDRESS, and telephone number of each 10 years and the dates each was used; named insured; (c) the date and place of incorporation; (d) the policy number; (d) the ADDRESS of the principal place of business; and (e) the limits of coverage for each type of coverage con- (e) whether you are qualified to do business in California. tained in the policy; (f) whether any reservation of rights or controversy or X 3.2 Are you a partnership? If so, state: coverage dispute exists between you and the insurance (a) the current partnership name; company; and (b) all other names used by the partnership during the past (g) the name, ADDRESS, and telephone number of the 10 years and the dates each was used; custodian of the policy. (c) whether you are a limited partnership and, if so, under the laws of what jurisdiction; X 4.2 Are you self-insured under any statute for the damages, claims, or actions that have arisen out of the INCIDENT? If (d) the name and ADDRESS of each general partner; and so, specify the statute. (e) the ADDRESS of the principal place of business. 5.0 [Reserved] X 3.3 Are you a limited liability company? If so, state: (a) the name stated in the current articles of organization; 6.0 Physical, Mental, or Emotional Injuries (b) all other names used by the company during the past 10 years and the date each was used; X 6.1 Do you attribute any physical, mental, or emotional injuries to the INCIDENT? (If your answer is "no," do not (c) the date and place of filing of the articles of organization; answer interrogatories 6.2 through 6.7). (d) the ADDRESS of the principal place of business; and (e) whether you are qualified to do business in California. 6.2 Identify each injury you attribute to the INCIDENT and the area of your body affected. DISC-001 [Rev. January 1, 2008] Page 3 of 8 FORM INTERROGATORIES - GENERAL Two Rock VFD DISC-001 6.3 Do you still have any complaints that you attribute to (c) state the amount of damage you are claiming for each the INCIDENT? If so, for each complaint state: item of property and how the amount was calculated; and (a) a description; (d) if the property was sold, state the name, ADDRESS, and (b) whether the complaint is subsiding, remaining the same, telephone number of the seller, the date of sale, and the or becoming worse; and sale price. (c) the frequency and duration. X 7.2 Has a written estimate or evaluation been made for any 6.4 Did you receive any consultation or examination item of property referred to in your answer to the preceding (except from expert witnesses covered by Code of Civil interrogatory? If so, for each estimate or evaluation state: Procedure sections 2034.210-2034.310) or treatment from a (a) the name, ADDRESS, and telephone number of the HEALTH CARE PROVIDER for any injury you attribute to PERSON who prepared it and the date prepared; the INCIDENT? If so, for each HEALTH CARE PROVIDER (b) the name, ADDRESS, and telephone number of each state: PERSON who has a copy of it; and (a) the name, ADDRESS, and telephone number; (c) the amount of damage stated. (b) the type of consultation, examination, or treatment provided; X 7.3 Has any item of property referred to in your answer to interrogatory 7.1 been repaired? If so, for each item state: (c) the dates you received consultation, examination, or (a) the date repaired; treatment; and (b) a