Legal Document: RIVAS ET AL VS WEIMER

On January 27, 2022 a MTC - SROGS#1 - Rosa Rivas was filed involving a dispute between Leili Argueta, Rosa Rivas, and Gerald Weimer, Pamela Weimer, for 22-CV Auto - Civil Unlimited in the District Court of Kern County.

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1 LAW OFFICES OF KIRK & MYERS
2 Richard C. Gagliano - 202388
P.O. Box 7218
3 London, KY 40742
Telephone: 818-887-5353
4 Facsimile: 603-334-7153
5 Attorneys for Defendants, GERALD WEIMER
6

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA

9 COUNTY OF KERN - BAKERSFIELD
10

11 ROSA RIVAS and LEILI ARGUETA a minor by Case No.: BCV-22-100255
and through her mother and Legal Guardian Complaint filed: February 18, 2022
12 LILIANA RIVAS, Assigned to: Honorable Eric J. Bradshaw
Div. J
13 Plaintiffs,
14 NOTICE OF MOTION AND MOTION TO
v.
COMPEL RESPONSES OF ROSA RIVAS TO
15 GERALD WEIMER and DOES 1-10, Inclusive, SPECIAL INTERROGATORIES, SET ONE,
WITHOUT OBJECTIONS; REQUEST FOR
16 Defendant. SANCTIONS; MEMORANDUM OF POINTS
AND AUTHORITIES IN SUPPORT
17 THEREOF; DECLARATION OF RICHARD
18 C. GAGLIANO

19 Motion Date: December 7, 2022
Motion Time: 9:30AM
20 Motion Dept.: Div. J
Reservation:
21
AND ALL RELATED-CROSS ACTIONS.
22

24 TO PLAINTIFF, ROSA RIVAS, AND HER ATTORNEY OF RECORD:

25 PLEASE TAKE NOTICE that on December 7, 2022 at 8:30AM, in Division J, of the above-

26 entitled Court, Defendants, GERALD WEIMER, will move the Court pursuant to California Code of

27 Civil Procedure sections 2030.290(b) and 2023.010(d) for an order compelling ROSA RIVAS

28 -1-
NOTICE OF MOTION AND MOTION TO COMPEL ROSA RIVAS’S RESPONSES TO SPECIAL
INTERROGATORIES, SET ONE, WITHOUT OBJECTIONS; REQUEST FOR SANCTIONS; MEMORANDUM OF
POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF RICHARD C. GAGLIANO.
1
(“Plaintiff”), to respond to Special Interrogatories, Set One, without objections, and imposing monetary
2
sanctions in the sum of $966 against Plaintiff and/or her attorneys of record, Law Offices of Craig A.
3
Edmonston.
4
The basis for the request for sanctions is more particularly set forth in the attached Declaration of
5
Richard C. Gagliano, and generally seeks reimbursement of costs and attorney's fees incurred in
6
preparing and arguing this Motion before the Court.
7
This Motion will be based upon this Notice, the Memorandum of Points and Authorities attached
8
hereto, the Declaration of Richard C. Gagliano attached hereto, the pleadings, files and documents filed
9
therein with this Court, and such oral and documentary evidence as may be presented at the hearing of
10
this motion.
11

13
DATED: November 11, 2022 LAW OFFICES OF KIRK & MYERS
14

15
By:________________________________________
16 RICHARD C. GAGLIANO, ESQ.
Attorney for Defendant, Defendants, GERALD WEIMER
17

28 -2-
NOTICE OF MOTION AND MOTION TO COMPEL ROSA RIVAS’S RESPONSES TO SPECIAL
INTERROGATORIES, SET ONE, WITHOUT OBJECTIONS; REQUEST FOR SANCTIONS; MEMORANDUM OF
POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF RICHARD C. GAGLIANO.
1
MEMORANDUM OF POINTS AND AUTHORITIES
2
I. STATEMENT OF FACTS
3

4 On February 18, 2022, Plaintiffs filed a Form Complaint for personal injuries, alleging causes of

5 action for injuries and damages against Defendants. An Answer for Defendants was subsequently filed.

6 On May 27, 2022, counsel for Defendant served Plaintiff ROSA RIVAS with a Special Interrogatories,
7 Set One (Exhibit “1”). Plaintiff’s responses were due on June 26, 2022. After claiming said discovery
8
was not received, defense counsel again served Special Interrogatories, Set one on September 8, 2022.
9
The responses to this discovery were due on or about July 8, 2022, and respectively again on October 8,
10
2022.
11

12 Defense counsel attempted to meet and confer in a letter to plaintiff’s counsel dated November

13 10, 2022. To date, no responses to Special Interrogatories, Set One, have been served.

15
II. THE COURT MAY ORDER THE RESPONSE OF A PARTY TO INTERROGATORIES
16
California Code of Civil Procedure section 2030.020(a) provides, in pertinent part, “A defendant
17
may propound interrogatories to a party to the action without leave of the court at any time.”
18
Additionally, Code of Civil Procedure section 2030.290(b) states when no responses have been
19
provided, “The party propounding the interrogatories may move for an order compelling response to the
20
interrogatories.”
21
As of the date of the filing of this Motion to Compel, no responses to the Special Interrogatories,
22
Set One, have been received from Plaintiff.
23
Plaintiff has put her damages at issue in this matter. Defendant has the right to discover the
24
nature and extent of those claimed damages, as well as other relevant items Plaintiff placed at issue.
25
As set forth in the Declaration of Richard C. Gagliano, Defendant will be severely prejudiced by
26
Plaintiff’s failure to respond to the legitimate discovery requests, in that Defendant cannot fully prepare
27

28 -3-
NOTICE OF MOTION AND MOTION TO COMPEL ROSA RIVAS’S RESPONSES TO SPECIAL
INTERROGATORIES, SET ONE, WITHOUT OBJECTIONS; REQUEST FOR SANCTIONS; MEMORANDUM OF
POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF RICHARD C. GAGLIANO.
1
an adequate defense and fairly evaluate the liability and damages claimed without the information
2
sought in the discovery request. In Britt v. Superior Court (1978) 20 Cal.3d 844, the court permitted
3
the discovery of all conditions placed in issue by the litigation.
4

6 III. PLAINTIFF HAS WAIVED ANY OBJECTIONS TO SPECIAL INTERROGATORIES

7 California Code of Civil Procedure section 2030.290(a) provides, in pertinent part:

8 If a party to whom interrogatories have been directed fails to serve a
timely response, that party waives any right to exercise the option to
9
produce writings under Section 2030.230, as well as any objection to the
10 interrogatories, including one based on privilege or on the protection for
work product under Chapter 4 (commencing with Section 2018.010).
11
All objections have been waived as a matter of law because Plaintiff has failed to timely respond
12
or respond at all.
13

15 IV. THE COURT SHALL IMPOSE A MONETARY SANCTION AGAINST PLAINTIFF
California Code of Civil Procedure section 2030.290(c) provides, in pertinent part, “The court
16
shall impose a monetary sanction . . . against any party, person, or attorney who unsuccessfully makes or
17
opposes a motion to compel a response to Interrogatories . . . .” Code of Civil Procedure section
18
2023.030(a) provides, in pertinent part, “The court may impose a monetary sanction ordering that one
19
engaging in a misuse of the discovery process, .. . pay the reasonable expenses, including attorney's
20
fees, incurred by anyone as a result of that conduct.”
21
Counsel for Defendants has spent considerable time drafting the Motion to Compel. Sanctions
22
are therefore appropriate and mandatory.
23

24
V. CONCLUSION
25
In failing to provide responses to the Special Interrogatories, Set One, Plaintiff has clearly
26
misused the discovery process as defined by the Code of Civil Procedure. Defendant therefore
27

28 -4-
NOTICE OF MOTION AND MOTION TO COMPEL ROSA RIVAS’S RESPONSES TO SPECIAL
INTERROGATORIES, SET ONE, WITHOUT OBJECTIONS; REQUEST FOR SANCTIONS; MEMORANDUM OF
POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF RICHARD C. GAGLIANO.
1
respectfully request that the Court impose sanctions against Plaintiffs in the amount of $966 for
2
reasonable expenses, including attorney’s fees, as more fully discussed in the attached Declaration of
3
Richard C. Gagliano.
4
The Defendant further requests that the Court issue an Order compelling Plaintiff to provide
5
verified responses without objections to the Special Interrogatories, Set One, to the Defendant within 10
6
days of hearing this Motion.
7

9 DATED: November 11, 2022 LAW OFFICES OF KIRK & MYERS

10
By:________________________________________
11
RICHARD C. GAGLIANO, ESQ.
12 Attorney for Defendant, GERALD WEIMER

28 -5-
NOTICE OF MOTION AND MOTION TO COMPEL ROSA RIVAS’S RESPONSES TO SPECIAL
INTERROGATORIES, SET ONE, WITHOUT OBJECTIONS; REQUEST FOR SANCTIONS; MEMORANDUM OF
POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF RICHARD C. GAGLIANO.
1
DECLARATION OF RICHARD C. GAGLIANO
2
I, Richard C. Gagliano, declare that:
3
1. I am an attorney at law, admitted and licensed in the State of California and am employed
4
by the Law Offices of LAW OFFICES OF KIRK & MYERS, attorneys of record for Defendant,
5
GERALD WEIMER, (“Defendant”), in the instant action. I am familiar with the facts and circumstances
6
of the case and have personal knowledge about the matters asserted herein. If called and sworn as a
7
witness, I could and would competently testify to the facts hereinafter set forth.
8
2. The Plaintiffs, ROSA RIVAS and LEILI ARGUETA a minor by and through her mother
9
and Legal Guardian LILIANA RIVAS (“Plaintiffs”), seek recovery for personal injury damages
10
resulting from a motor vehicle accident which occurred on July 13, 2021.
11
3. Plaintiff’s Complaint states causes of action for injuries and damages.
12
4. On May 27, 2022, counsel for Defendant served Plaintiff ROSA RIVAS with a Special
13
Interrogatories, Set One. A true and correct copy of same is attached as Exhibit “1”. Plaintiff’s
14
responses were due on June 26, 2022. After claiming said discovery was not received, defense counsel
15
again served Special Interrogatories, Set one on September 8, 2022. A true and correct copy of same is
16
attached as Exhibit “2”. The responses to this discovery were due on October 8, 2022. Again, no
17
responses were received. I then attempted to meet and confer in a letter to plaintiff’s counsel dated
18
November 10, 2022.
19 5. To date, no responses to Special Interrogatories, Set One, have been served.

20 6. Special Interrogatories, Set One, that were served upon Plaintiff seek information that
21
would inform Defendant of Plaintiffs’ claims and allegations of the case, including theories of recovery
22
and damages.
23
7. Without responses to the Special Interrogatories, Set One, Defendant will be severely
24
prejudiced in that Defendant will be denied the opportunity to conduct adequate pre-
25

26 arbitration/mediation investigation and will be unable to adequately prepare a defense in this matter for

27
-6-
28
DECLARATION OF RICHARD C. GAGLIANO
1
trial. Defendant would be subjected to unfair surprise and severely prejudiced. Defendant is entitled to
2
full and complete verified responses to the items requested without objections.
3

4 8. Defense counsel has incurred, and seeks to recover monetary sanctions, costs, and

5 expenses, including reasonable attorney's fees incurred by the necessity of having to bring this Motion.

6 The failure of Plaintiffs to comply with the discovery demand has been without excuse and substantial
justification and entitles Defendant to recovery of such sanctions from Plaintiffs.
7
Defense counsel has incurred the expenses as follows:
8

9 Preparation of Motion, Exhibits and Declaration
3 hours x $138 $414.00
10
Review Opposition/Prepare Reply
11 2 hours x $138 $276.00
12
Prepare for and Attend hearing on Motion
13 2 hours x $138 $276.00

14 Filing Fee $60
15
TOTAL 966
16

17
I declare under penalty of perjury under the laws of the State of California that the foregoing is
18
true and correct.
19
Executed this 11th day of November, 2022, at Woodland Hills, CA.
20

22 __________________________________
RICHARD C. GAGLIANO, Declarant
23

27
-7-
28
DECLARATION OF RICHARD C. GAGLIANO
EXHIBIT “1”
1 LAW OFFICES OF KIRK & MYERS
Richard C. Gagliano - SBN 202388
2 P.O. Box 7218
London, KY 40742
3
Telephone: 818-887-5353
4 Facsimile: 603-334-7153

5 Attorneys for Defendants, GERALD WEIMER and PAMELA WEIMER

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF KERN - BAKERSFIELD

17 Defendant.

18 PROPOUNDING PARTY: Defendant, GERALD WEIMER

19 RESPONDING PARTY: Plaintiff, ROSA RIVAS

20 SET NUMBER: ONE (1)

21 Pursuant to Section 2030.010 et seq. of the California Code of Civil Procedure, Defendant

22 GERALD WEIMER herewith propounds the following specially prepared interrogatories to be

23 answered in writing by Plaintiff under oath within thirty-five (35) days after service hereof.

24 SPECIALLY PREPARED INTERROGATORIES

25 1. State the last six digits of your social security number.

26 2. State the name, address and telephone number of your family doctor.

27 3. State the name, address and telephone number of your primary care doctor.

28 4. State the name, address and telephone number of all other physicians from whom you

-1-
SPECIALLY PREPARED INTERROGATORIES TO PLAINTIFF ROSA RIVAS
1 have received treatment during the past five (5) years.
2 5. State the name, address and telephone number of all chiropractors from whom you have
3 received treatment during the past five (5) years.
4 6. State the name, address and telephone number of all hospitals from which you have
5 received treatment during the past five (5) years.
6 7. State the name, address and last known phone number of all pharmacies from which
7 YOU have obtained any medication for injuries alleged in the case.
8 8. Describe how the incident referred to in your complaint occurred.
9 9. State all facts upon which you base your contention that Defendants, GERALD
10 WEIMER and PAMELA WEIMER, was negligent for causing the incident referred to in your
11 complaint.
12 10. State all actions taken by you to mitigate your damages, if any.
13 11. If you are currently receiving Medicare benefits, state your Medicare Health Insurance
14 Claim Number (HICN).
15 12. If the answer to Question 11 is yes, state whether you or your attorney notified the
16 Medicare Coordination of Benefits Contractor about this claim you are making.
17 13. If you have ever applied for Social Security Disability Insurance (SSDI) benefits.
18 14. If you have ever applied for Social Security Disability Insurance (SSDI) benefits, state
19 the date of which SSDI was applied.
20 15. Is SSDI was accepted, state the date of your SSDI entitlement.
21 16. State all facts which you base your contention that Defendant PAMELA WEIMER
22 caused the incident that your Complaint is based upon.
23 17. State in detail in what way Defendants, GERALD WEIMER and PAMELA WEIMER,
24 caused the damages you seek to recover in this action.
25 18. For each defendant named in your complaint, GERALD WEIMER and PAMELA
26 WEIMER, state was negligent.
27 19. Identify all facts which support your contention that Defendants, GERALD WEIMER
28 and PAMELA WEIMER, owed a duty to you.

-2-
SPECIALLY PREPARED INTERROGATORIES TO PLAINTIFF ROSA RIVAS
1 20. For each duty you claim was owed to you by Defendants, GERALD WEIMER and
2 PAMELA WEIMER, please identify all facts which support your contention that Defendants, GERALD
3 WEIMER and PAMELA WEIMER, breached that duty.
4 21. State each and every fact upon which you base your contention that Defendants,
5 GERALD WEIMER and PAMELA WEIMER, is in any way liable for the injuries sustained by you.
6 22. State the name and address of each insurance company or bonding company for which
7 you had an automobile liability policy, a motor vehicle liability policy, or bond at the time of the
8 accident.
9 23. Where were you going at the time of this accident?
10 24. How could defendants have avoided this accident?
11 25. If you lost income as the result of the injuries you are claiming, IDENTIFY (provide the
12 name, address and contact number) of all witnesses you intent to call to testify to support this
13 contention.
26. If you lost income as the result of the injuries you are claiming, IDENTIFY your
14
immediate boss at the place of your employment for the last 5 years to the present time.
15
27. At the time of the accident, where in the vehicle were you seated?
16
28. State the date that you first sought medical treatment for your claimed injuries
17
after the subject accident.
18
29. IDENTIFY the first medical provider who treated you for injuries you claim in
19
this lawsuit.
20
DATED: June 7, 2022 LAW OFFICES OF KIRK & MYERS
21

23 ___________________________________
RICHARD C. GAGLIANO, ESQ.
24
Attorney for Defendants, GERALD WEIMER and
25 PAMELA WEIMER

-3-
SPECIALLY PREPARED INTERROGATORIES TO PLAINTIFF ROSA RIVAS
Rosa Rivas, et al. v. Gerald Weimer
1 COUNTY OF KERN - BAKERSFIELD
Superior Court Case No. BCV-22-100255
2

3 DECLARATION OF SERVICE [C.C.P. § 1013A, C.R.C. §§ 2003, 2008]
At the time of service I was over 18 years of age and not a party to this action. I am an employee of Law Offices
4 of Kirk & Myers, My business address is P.O. Box 7218, London, KY 40742. On this date I served the
following document(s) by the following means:
5
SPECIALL PREPARED INTERROGATORIES TO PLAINTIFF LEILI ARGUETA
6
ELECTRONIC TRANSMISSION: Only by e-mailing the document(s) to the persons at the e-mail
7 address(es) listed based on notice previously provided that, during the Coronavirus (COVID-19) pandemic,
this office will be working remotely, not able to send physical mail as usual, and is therefore using only
8 electronic mail. No electronic message or other indication that the transmission was unsuccessful was received
within a reasonable time after the transmission.
9 U.S. MAIL: I enclosed the documents in a sealed envelope or package addressed to the persons at the
addresses as set forth below and placed the envelope for collection and mailing, following our ordinary
10 business practices. I am readily familiar with this business’s practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is
11 deposited in the ordinary course of business with the United States Postal Service at London, California, in a
sealed envelope with postage fully prepaid.
12
OVERNIGHT DELIVERY (UPS): I enclosed the documents in an envelope or package and addressed to
13 the persons at the addresses stated below. I placed the envelope or package for collection and overnight
delivery at an office or a regular utilized drop box of the overnight delivery carrier.
14 UPS DELIVERY : I enclosed the documents in an envelope or package and addressed to the persons at the
addresses stated below. I placed the envelope or package for collection and delivery at an office or a
15 regular utilized drop box of the delivery carrier.
MESSENGER SERVICE: I served the documents by placing them in an envelope or package addressed to
16 the persons at the addresses listed set forth below and providing them to a professional messenger service
for service. (A declaration by the messenger must accompany this proof of service.)
17 EMAIL or ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to
accept service by e-mail or electronic transmission, I caused the documents to be sent to the person at the e-
18 mail addresses listed below. I did not receive, within a reasonable time after the transmission, any
electronic message or other indication that the transmission was unsuccessful.
19
Mr. Craig A. Edmonston Esq. Attorneys for Plaintiffs
20 Law Offices Of Craig A. Edmonston Email: maria@edmonstonlaw.com
2204 Truxtun Avenue
21 Bakersfield, CA 93301
22
State: I declare under penalty of perjury under the laws of the State of California that the foregoing is true
23 and correct.
Federal: I declare that I am employed in the office of a member of the bar of this Court, at whose
24 direction the service was made.

25 EXECUTED on May 27, 2022, at Valencia, CA

26 Edelie Evangelista

-4-
SPECIALLY PREPARED INTERROGATORIES TO PLAINTIFF ROSA RIVAS
EXHIBIT “2”
1 LAW OFFICES OF KIRK & MYERS
Richard C. Gagliano - SBN 202388
2 P.O. Box 7218
London, KY 40742
3
Telephone: 818-887-5353
4 Facsimile: 603-334-7153

5 Attorneys for Defendant, GERALD WEIMER

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF KERN - BAKERSFIELD

17 Defendant.

18 PROPOUNDING PARTY: Defendant, GERALD WEIMER

19 RESPONDING PARTY: Plaintiff, ROSA RIVAS

20 SET NUMBER: ONE (1)

21 Pursuant to Section 2030.010 et seq. of the California Code of Civil Procedure, Defendant

22 GERALD WEIMER herewith propounds the following specially prepared interrogatories to be

23 answered in writing by Plaintiff under oath within thirty-five (35) days after service hereof.

24 SPECIALLY PREPARED INTERROGATORIES

25 1. State the last six digits of your social security number.

26 2. State the name, address and telephone number of your family doctor.

27 3. State the name, address and telephone number of your primary care doctor.

28 4. State the name, address and telephone number of all other physicians from whom you

-1-
SPECIALLY PREPARED INTERROGATORIES TO PLAINTIFF ROSA RIVAS, SET ONE
1 have received treatment during the past five (5) years.
2 5. State the name, address and telephone number of all chiropractors from whom you have
3 received treatment during the past five (5) years.
4 6. State the name, address and telephone number of all hospitals from which you have
5 received treatment during the past five (5) years.
6 7. State the name, address and last known phone number of all pharmacies from which
7 YOU have obtained any medication for injuries alleged in the case.
8 8. Describe how the incident referred to in your complaint occurred.
9 9. State all facts upon which you base your contention that Defendants, GERALD
10 WEIMER and PAMELA WEIMER, was negligent for causing the incident referred to in your
11 complaint.
12 10. State all actions taken by you to mitigate your damages, if any.
13 11. If you are currently receiving Medicare benefits, state your Medicare Health Insurance
14 Claim Number (HICN).
15 12. If the answer to Question 11 is yes, state whether you or your attorney notified the
16 Medicare Coordination of Benefits Contractor about this claim you are making.
17 13. If you have ever applied for Social Security Disability Insurance (SSDI) benefits.
18 14. If you have ever applied for Social Security Disability Insurance (SSDI) benefits, state
19 the date of which SSDI was applied.
20 15. Is SSDI was accepted, state the date of your SSDI entitlement.
21 16. State in detail in what way Defendant, GERALD WEIMER caused the damages you seek
22 to recover in this action.
23 17. Identify all facts which support your contention that Defendant, GERALD WEIMER,
24 owed a duty to you.
25 18. State the name and address of each insurance company or bonding company for which
26 you had an automobile liability policy, a motor vehicle liability policy, or bond at the time of the
27 accident.
28 19. Where were you going at the time of this accident?

-2-
SPECIALLY PREPARED INTERROGATORIES TO PLAINTIFF ROSA RIVAS, SET ONE
1 20. How could defendant have avoided this accident?
2 21. If you lost income as the result of the injuries you are claiming, IDENTIFY (provide the
3 name, address and contact number) of all witnesses you intend to call to testify to support this
4 contention.
22. If you lost income as the result of the injuries you are claiming, IDENTIFY your
5
immediate boss at the place of your employment for the last 5 years to the present time.
6
23. At the time of the accident, where in the vehicle were you seated?
7
24. State the date that you first sought medical treatment for your claimed injuries
8
after the subject accident.
9
25. IDENTIFY the first medical provider who treated you for injuries you claim in
10
this lawsuit.
11
DATED: September 8, 2022 LAW OFFICES OF KIRK & MYERS
12

14 ___________________________________
RICHARD C. GAGLIANO, ESQ.
15
Attorney for Defendant, GERALD WEIMER
16

-3-
SPECIALLY PREPARED INTERROGATORIES TO PLAINTIFF ROSA RIVAS, SET ONE
Rosa Rivas, et al. v. Gerald Weimer
1 COUNTY OF KERN - BAKERSFIELD
Superior Court Case No. BCV-22-100255
2

3 DECLARATION OF SERVICE [C.C.P. § 1013A, C.R.C. §§ 2003, 2008]
At the time of service I was over 18 years of age and not a party to this action. I am an employee of Law Offices
4 of Kirk & Myers, My business address is P.O. Box 7218, London, KY 40742. On this date I served the
following document(s) by the following means:
5
SPECIALLY PREPARED INTERROGATORIES TO PLAINTIFF ROSA RIVAS, SET ONE
6
ELECTRONIC TRANSMISSION: Only by e-mailing the document(s) to the persons at the e-mail
7 address(es) listed based on notice previously provided that, during the Coronavirus (COVID-19) pandemic,
this office will be working remotely, not able to send physical mail as usual, and is therefore using only
8 electronic mail. No electronic message or other indication that the transmission was unsuccessful was received
within a reasonable time after the transmission.
9 U.S. MAIL: I enclosed the documents in a sealed envelope or package addressed to the persons at the
addresses as set forth below and placed the envelope for collection and mailing, following our ordinary
10 business practices. I am readily familiar with this business’s practice for collecting and processing
correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is
11 deposited in the ordinary course of business with the United States Postal Service at London, California, in a
sealed envelope with postage fully prepaid.
12
OVERNIGHT DELIVERY (UPS): I enclosed the documents in an envelope or package and addressed to
13 the persons at the addresses stated below. I placed the envelope or package for collection and overnight
delivery at an office or a regular utilized drop box of the overnight delivery carrier.
14 UPS DELIVERY : I enclosed the documents in an envelope or package and addressed to the persons at the
addresses stated below. I placed the envelope or package for collection and delivery at an office or a
15 regular utilized drop box of the delivery carrier.
MESSENGER SERVICE: I served the documents by placing them in an envelope or package addressed to
16 the persons at the addresses listed set forth below and providing them to a professional messenger service
for service. (A declaration by the messenger must accompany this proof of service.)
17 EMAIL or ELECTRONIC TRANSMISSION: Based on a court order or an agreement of the parties to
accept service by e-mail or electronic transmission, I caused the documents to be sent to the person at the e-
18 mail addresses listed below. I did not receive, within a reasonable time after the transmission, any
electronic message or other indication that the transmission was unsuccessful.
19
Mr. Craig A. Edmonston Esq. Attorneys for Plaintiffs
20 Law Offices Of Craig A. Edmonston Email: maria@edmonstonlaw.com
2204 Truxtun Avenue
21 Bakersfield, CA 93301
22
State: I declare under penalty of perjury under the laws of the State of California that the foregoing is true
23 and correct.
Federal: I declare that I am employed in the office of a member of the bar of this Court, at whose
24 direction the service was made.

25 EXECUTED on September 8, 2022, at Valencia, CA

26 Edelie Evangelista

-4-
SPECIALLY PREPARED INTERROGATORIES TO PLAINTIFF ROSA RIVAS, SET ONE
1 Rosa Rivas, et al. v. Gerald Weimer
COUNTY OF KERN - BAKERSFIELD
2 Superior Court Case No. BCV-22-100255
3 DECLARATION OF SERVICE [C.C.P. § 1013A, C.R.C. §§ 2003, 2008]
At the time of service I was over 18 years of age and not a party to this action. I am an employee of Law Offices of
4 Kirk & Myers, My business address is P.O. Box 7218, London, KY 40742. On this date I served the following
document(s) by the following means:
5
NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES OF ROSA RIVAS TO SPECIAL
6
INTERROGATORIES, SET ONE, WITHOUT OBJECTIONS; REQUEST FOR SANCTIONS;
7 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF
RICHARD C. GAGLIANO
8
ELECTRONIC TRANSMISSION: Only by e-mailing the document(s) to the persons at the e-mail address(es)
9 listed based on notice previously provided that, during the Coronavirus (COVID-19) pandemic, this office will be
working remotely, not able to send physical mail as usual, and is therefore using only electronic mail. No electronic
10 message or other indication that the transmission was unsuccessful was received within a reasonable time after the
transmission.
11 U.S. MAIL: I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses as
set forth below and placed the envelope for collection and mailing, following our ordinary business practices. I am
12 readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same
day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with
13 the United States Postal Service at London, California, in a sealed envelope with postage fully prepaid.
OVERNIGHT DELIVERY (UPS): I enclosed the documents in an envelope or package and addressed to the
14 persons at the addresses stated below. I placed the envelope or package for collection and overnight delivery at
an office or a regular utilized drop box of the overnight delivery carrier.
15 UPS DELIVERY : I enclosed the documents in an envelope or package and addressed to the persons at the
addresses stated below. I placed the envelope or package for collection and delivery at an office or a regular
16 utili

Case Info

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Bradshaw, J. Eric Track Judge’s New Case

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November 12, 2022

Case Filing Date

January 27, 2022

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Document for RIVAS ET AL VS WEIMER

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