Party Statement: CATHAY BANK, A CALIFORNIA BANKING CORPORATION VS. RAYMOND XIANG ZHANG et al

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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Sep-14-2012 3:44 pm

Case Number: CGC-10-500934
Filing Date: Sep-14-2012 3:43
Filed by: MARYANN E. MORAN
Juke Box: 001 Image: 03764681
DECLARATION OF

CATHAY BANK, A CALIFORNIA BANKING CORPORATION VS. RAYMOND
XIANG ZHANG et al

001003764681

Instructions:
Please place this sheet on top of the document to be scanned.27

catt a associates, Fe,
1440 BROADWAY
‘SUITE 1000
OAKLAND, CA 94612
(510) 832.1686

Chijeh Hu (SBN 241271) ft dud of LL &..P

CJH & ASSOCIATES, P.C. fonnty of San Francisco
1440 Broadway, Suite 1000
Oakland, CA 94612 SEP 14 2012

Bese CLERK OF THE COURT
or May Os J
Attorney for Defendants/Cross Complainants, Puty Clerk

RAYMOND ZHANG, et al.

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO

CATHAY BANK, a California banking CASE NO: CGC- 10 - 500934

Corporation, DECLARATION OF MAUREEN MCCUAIG IN

SUPPORT OF MOTION TO COMPEL

FURTHER RESPONSES TO FORM

Plaintiff, INTERROGATORIES, SET ONE (CCP
§2030.300) AND FOR SANCTIONS (CCP

§§2023.030, 2030.300(d))

DISCOVERY

Vv.

RAYMOND XIANG KAI ZHANG, et al., Date: October 17, 2012

Time: 9:00am
Dept.: 302
Defendants.

Complaint filed: June 22, 2010

I, Maureen McCuaig, declare as follows:

1. I am an attorney duly licensed to practice law before all the courts in the State of
California and I am an associate at CJH & Associates, counsel of record for Defendant Raymond
Zhang in the above-captioned case.

2. I have personal knowledge of the facts stated herein and if called upon I could
testify competently as to the matters stated herein.

3. On or about June 12, 2012, Defendant Raymond Zhang propounded a set of Form
Interrogatories, Set One upon Plaintiff Cathay Bank (“Plaintiff”) by mail, a true and correct copy

of which is attached hereto as Exhibit A.
1

DECLARATION OF MAUREEN MCCUAIG IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES
TO FORM INTERROGATORIES, SET ONE AND FOR SANCTIONS0 ON DH FF BY

RP oN NY NY NR NY YD Be Be ew ewe ewe ewe ewe SB Bk
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27

cat & AssociATES. BC.
1440 BROADWAY
‘SUITE 1000
OAKLAND, CA 94612
(510) 832.1686

4. On or about July 31, 2012, Plaintiff's counsel sent responses to Form
Interrogatories, Set One via email and such responses were later received via mail. A true and
correct copy of such responses are attached hereto as Exhibit B.

5. Plaintiff's response is inadequate, and the objections stated should be overruled,
for the reasons set forth in the accompanying separate statement which identifies specific
interrogatories to which further answers are requested.

6. I have made a good faith effort to resolve this issue with Plaintiff's counsel prior
to filing the present motion.

7. On or about August 20, 2012, I sent a meet and confer letter to resolve some
disputes in Plaintiff's discovery responses by no later than August 27, 2012, a true and correct
copy of which is attached hereto as Exhibit C.

8. On August 27, 2012, I was informed via email that Plaintiff was in the process of
responding and, in good faith, Defendants offered to accept responses sent via email by 5:00 p.m.
on August 29, 2012. A true and correct copy of this email exchange is attached hereto as Exhibit
D. Defendants did not receive such amended responses.

9. After 5:00 p.m. on August 29, 2012, Plaintiff's counsel sent a response letter via
email to Defendants’ August 20, 2012 meet and confer letter indicating that no amended
responses would be provided absent the exception of “those few responses where a clerical
mishap occurred.” A true and correct copy of such letter is attached hereto as Exhibit E.

10. __ Plaintiff provided no amended responses to its responses to form interrogatories
that are the subject of the instant motion.

11. The interrogatories are relevant to the subject matter of this action and they do not
relate to privileged matters. As a result, Plaintiff should be ordered to answer each of the
interrogatories fully. The failure by Plaintiff to do so is without substantial justification and
constitutes an abuse of discovery.

12. As aresult of the failure of Plaintiff to adequately respond to form interrogatories,

Defendants incurred reasonable expenses in seeking an order itemized as follows: 4 hours of

2

DECLARATION OF MAUREEN MCCUAIG IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES
TO FORM INTERROGATORIES, SET ONE AND FOR SANCTIONS0 Oe ND HW BF WY

DN NN RN NY Be we we we ewe ew ew em ee
DA A FB NS = SGC eM KAA ABR DH BS

27

cuH & AssocIATES, Pc
1440 BROADWAY
‘SUITE 1000
OAKLAND, CA 94612
(510) 832.1686

meet and confer, 2 hours to prepare the instant motion, 2 hours anticipated review of the
Plaintiff's opposition of the instant motion, 2 hours anticipated to reply to Plaintiff's opposition
of the instant motion, 2 hours to prepare for hearing and 2 hours to attend a hearing on the instant
motion. In total, our firm anticipates billing 14 hours as a result of bringing the instant motion.
Our firm bills clients at $250 per hour. Accordingly, Defendants request monetary sanctions in
the amount of $3,500 to be payable within thirty (30) days of the order on this motion.

13. The monetary sanctions being sought in this case are reasonable because, as
shown in Defendants’ Separate Statement filed herewith, Defendants had to spend a substantial

amount of time responding to Plaintiff's meritless objections which it refused to withdraw.

I declare under penalty of perjury and under the laws of the State of California that the

foregoing is true and correct.

Executed this _| day of September 2012 at ( da k { acd! , California.

By:
MA EN MECUAIG

DECLARATION OF MAUREEN MCCUAIG IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES

TO FORM INTERROGATORIES, SET ONE AND FOR SANCTIONS

3EXHIBIT ADISC-004

"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)
Chijeh Hu (SBN 241271)

|__ LAW OFFICE OF CHUEH HU
456 8th Street
Oakland, CA 94607

TELEPHONENO: 510-832-1686

FAXNO, (Optional): 510-251-1155

E-MAIL ADORESS (Optionay: Ch@cjhulaw.com

ATTORNEY FOR (Nome): Defendants

400 McAllister Street, San Francisco, CA 94102

‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco

‘SHORT TITLE OF CASE:
Cathay Bank v. Raymond Xiang Kai Zhang et al.

Asking Party: Raymond Xiang Kai Zhang

Answering Party: Cathay Bank
SetNo.: 1

FORM INTERROGATORIES—GENERAL

‘CASE NUMBER:

CGC-10-500934

Sec. 1. Instructions to All Parties

(a) Interrogatories are written questions prepared by a party
to an action that are sent to 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 2030.010-2030.410 and the cases construing those
sections.

(c) These form interrogatories do not change existing law
relating to interrogatories nor do they affect an answering
party's right 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, Form
Interrogatories—Limited Civil Cases (Economic Litigation)
(form DISC-004), which have no subparts, are designed for
use in limited civil cases where the amount demanded is
$25,000 or less; however, those interrogatories may also be
used in unlimited 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.

(c) You may insert your own definition of INCIDENT in
Section 4, but 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 until the
defendant has had a reasonable opportunity to conduct an.
investigation or discovery of plaintiff's injuries and damages.
(e) Additional interrogatories may be attached.

Sec. 3. Instructions to the Answering Party
{a) An answer or other appropriate response must be
given to each interrogatory checked by the asking party.

(b) As ageneral rule, within 30 days after you are served
with these interrogatories, you must serve your responses on
the asking party and serve copies of your responses on all
other parties to the action who have appeared. See Code of
Civil Procedure sections 2030.260—2030.270 for details.

(c) Each answer must be as complete and straightforward
as the information reasonably available to you, including the
information possessed by your attorneys or agents, permits. If
an interrogatory cannot be answered completely, answer it to
the extent possible.

(d)_ If you do not have enough personal knowledge to fully
answer an interrogatory, say so, but make a reasonable and
good faith effort to get the information by asking other persons
or organizations, unless the information is equally available to
the asking party.

(e) Whenever an interrogatory may be answered by
referring to a document, the document may be attached as an
exhibit to the response and referred to in the response. If the
document has more than one page, refer to the page and
section where the answer to the interrogatory can be found.

(f), Whenever an address and telephone number for the
same person are requested in more than one interrogatory,
you are required to furnish them in answering only 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 privilege or
state the objection in your written response.
(h) Your answers to these interrogatories must be verified,
dated, and signed. You may wish to use the following form at
the end of your answers:

! declare under penalty of perjury under the laws of the
State of California that the foregoing answers are true and
correct.

{OATE) (SIGNATURE)

Sec. 4. Definitions

Words in BOLDFACE CAPITALS in these interrogatories
are defined as follows:

(a) (Check one of the following):

(1) INCIDENT includes the circumstances and
events surrounding the alleged accident, injury, or
other occurrence or breach of contract giving rise to
this action or proceeding.

Page 1of8
Form Approved for Optional U
aa amr som FORM INTERROGATORIES—GENERAL 52000 essen, rsDISC-001

(2) INCIDENT means (insert your definition here or 1.0 Identity of Persons Answering These interrogatories
on a separate, attached sheet labeled “Sec. 1.1 State the name, ADDRESS, telephone number, and
Halley: relationship to you of each PERSON who prepared or

The construction loan agreement entered into by and between Cathay assisted in the preparation of the responses to these
and Ray Kay, the related Loan documents as defined in the Verified interrogatories. (Do not identify anyone who simply typed or

Complaints, the claims alleged in the Third-Amended Cross- reproduced the responses.)
‘Complaint, and the allegations in the Verified Complaint. 2.0 General Background Information—individual
(b) YOU OR ANYONE ACTING ON YOUR BEHALF DO 21 state:
includes you, your agents, your employees, your insurance (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, 2) 22 state the date and place of your birth.
organization, partnership, business, trust, limited liability ir ic
company, corporation. ct public ently. oO 23 at the tine ofthe INCIDENT, did you have a driver's
(a) 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 2.4 At the time of the INCIDENT, did you have any other
oF representation, Including letters, words, pictures, sounds, or IJ 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;
. . . (c) the date of issuance; and
(f) ADDRESS means the street address, including the city, (d) all restrictions.
state, and zip code. oO
2.5 State:

Sec. §. interrogatories (a) your present residence ADDRESS;
The following interrogatories have been approved by the (b) your residence ADDRESSES for the past five years; and
Judicial Council under Code of Civil Procedure section 2033.710: (c) the dates you lived at each ADDRESS.

CONTENTS 1) 26 state:

1.0 Identity of Persons Answering These Interrogatories
2.0 General Background Information—Individual

3.0 General Background Information—Business Entity
4.0 Insurance

(a) the name, ADDRESS, and telephone number of your
present employer or place of self-employment; and

(b) the name, ADDRESS, dates of employment, job title,
and nature of work for each employer or

5.0 [Reserved]

60 Gee ‘hentt, or Emotional Injuries MO INGIDENT usa toacy, had from five years before
7.0 Property Damage .

8.0 Loss of Income or Earning Capacity CT 27 state:

9.0 Other Damages (a) the name and ADDRESS of each school or other

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.
16.0 Defendant's Contentions Personal Injury
17.0 Responses to Request for Admissions

academic or vocational institution you have attended,
beginning with high school;

(b) the dates you attended;

(c) the highest grade level you have completed; and

(d) the degrees received.

Clas 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] (a) the court and case number.

30.0 (Reserved)

40.0 [Reserved] [29 can you speak English with ease? If not, what
le lf

60.0 [Reserved] language and dialect do you normally use?

70.0 Unlawful Detainer [See separate form DISC-003]
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-GOT (Rev. January 1, 2008]

(1 2.10 Can you read and write English with ease? If not, what
language and dialect do you normally use?

FORM INTERROGATORIES—GENERAL Page 2ot80 2.11 Atthe time of the INCIDENT were you acting as an
agent or employee for any PERSON? If so, state:
{a) the name, ADDRESS, and telephone number of that
PERSON: and
(b) a description of your duties.

(C1 2.12 At 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? If so, for each person state:

(a) the name, ADDRESS, and telephone number;

(b) the nature of the disability or condition; and

{c) the manner in which the disability or
contributed to the occurrence of the INCIDENT.

condition

oO 2.13 Within 24 hours before the INCIDENT did you or any
person involved in the INCIDENT use or take any of the
following substances: alcoholic beverage, marijuana, or
other drug or medication of any kind (prescription or not)? If
80, for each person state:

(a) the name, ADDRESS, and telephone number;

(b) 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 substance was used
or taken;

(e) the ADDRESS where each substance was used or

ken;

(f) thename, ADDRESS, and telephone 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 condition for which it was
prescribed or furnished.

3.0 General Background Information—Business Entity

Vv] 3.1 Are you a corporation? If so, state:
(a) the name stated in the current articles of incorporation;
(b) all other names used by the corporation during the past
10 years and the dates each was used;
(c) the date and place of incorporation;
(d) the ADDRESS of the principal place of business; and
(e) whether you are qualified to do business in California.

[J] 3.2 Are you a partnership? If so, 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 principal place of business.

3.3 Are you a limited liability 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 each was used;
(c) the date and place of filing of the articles of organization;
(d) the ADDRESS of the principal place of business; and
(e) whether you are qualified to do business in California.

‘DISC-001 (Rav. January 7, 2008)

FORM INTERROGATORIES—GENERAL

DISC-004
3.4 Are you a joint venture? If so, state:
(a) the current joint venture name;
(b) all other names used by the joint venture during the
past 10 years and the dates each was used;
(c) the name and ADDRESS of each joint venturer; and
(d) the ADDRESS of the principal place of business.

3.5 Are you an unincorporated association?

If so, state:

(a) the current unincorporated association name;

(b) all other names used by the unincorporated association
during the past 10 years and the dates each was used;
and

(c) the ADDRESS of the principal place of business.

3.6 Have you done business under a fictitious name during
the past 10 years? If so, for each fictitious name state:

{a) the name;

(b) the dates each was used;

(c) the state and county of each fictitious name filing; and
(d) the ADDRESS of the principal place of business.

3.7 Within the past five years has any public entity regis-
tered or licensed your business? If so, for each license or
registration:

(a) identify the license or registration;
{b) state the name of the public entity; and
(c) state the dates of issuance and expiration.

4.0 Insurance

[Y] 4.1 atthe time of the INCIDENT, was there in effect any
policy of insurance through which you were or might be
insured in any manner (for example, primary, pro-rata, or
excess liability coverage or medical expense coverage) for
the damages, claims, or actions that have arisen out of the
INCIDENT? If so, for each policy state:

(a) the kind of coverage;

(b) the name and ADDRESS of the insurance company;

(c) the name, ADDRESS, and telephone number of each
named insured;

(d) the policy number;

(e) the limits of coverage for each type of coverage con-
tained in the policy;

(f) whether any reservation of rights or controversy or
coverage dispute exists between you and the insurance
company; and

(g) the name, ADDRESS, and telephone number of the
custodian of the policy.

[J] 4.2 Are you self-insured under any statute for the damages,
claims, or actions that have arisen out of the INCIDENT? If
‘so, specify the statute.

5.0 [Reserved]

6.0 Physical, Mental, or Emotional Injuries

(Z 61 Do you attribute any physical, mental, or emotional
injuries to the INCIDENT? (If your answer is “no,” do not
answer interrogatories 6.2 through 6.7).

oO 6.2 Identify each injury you attribute to the INCIDENT and
the area of your body affected.

Page Sof 6Oo 6.3. Do you still have any complaints that you attribute to
the INCIDENT? If so, for each complaint state:
(a) a description;
(b) whether the complaint is subsiding, remaining the same,
‘or becoming worse; and
(c) the frequency and duration.

O 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 each HEALTH CARE PROVIDER
state:

(a) the name, ADDRESS, and telephone number;

(b) the type of consultation, examination, or treatment
provided;

(c) the dates you received consultation, examination, or
treatment; and

(d) the charges to date.

oO 6.5 Have you taken any medication, prescribed or not, as a
result of injuries that you attribute to the INCIDENT? If so,
for each medication state:

(a) the name;

(b) the PERSON who prescribed or furnished it;
(c) the date it was prescribed or furnished;

(d) the dates you began and stopped taking it; and
(e) the cost to date,

oO 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)? If so, for each service state:

(a) the nature;

(b) the date;

(c) the cost; and

{d) the name, ADDRESS, and telephone number
of each provider.

(67 Has any HEALTH CARE PROVIDER advised that you
may require future or additional treatment for any injuries
that you attribute to the INCIDENT? If so, for each injury
state:

(a) the name and ADDRESS of each HEALTH CARE
PROVIDER;

(b) the complaints for which the treatment was advised; and

(c) the nature, duration, and estimated cost of the
treatment.

7.0 Property Damage

(17.1 do you attribute any loss of or damage to a vehicle or

other property to the INCIDENT? If so, for each item of

property:

{a) describe the property;

(b) describe the nature and location of the damage to the
property;

DISC-001
(c) state the amount of damage you are claiming for each
item of property and how the amount was calculated; and
(d) if the property was sold, state the name, ADDRESS, and
telephone number of the seller, the date of sale, and the
sale price.

7.2 Has a written estimate or evaluation been made for any

item of property referred to in your answer to the preceding

interrogatory? If so, for each estimate or evaluation state:

(a) the name, ADDRESS, and telephone number of the
PERSON who prepared it and the date prepared;

(b) the name, ADDRESS, and telephone number of each
PERSON who has a copy of it; and

({c) the amount of damage stated.

7.3 Has any item of property referred to in your answer to

interrogatory 7.1 been repaired? If so, for each item state:

(a) the date repaired;

(b) a description of the repair;

(c) the repair cost;

(d) the name, ADDRESS, and telephone number of the
PERSON who repaired it;

{e) the name, ADDRESS, and telephone number of the
PERSON who paid for the repair,

Loss of Income or Earning Capacity

[1 28.1 Do you attribute any loss of income or earning capacity

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to the INCIDENT? (/f your answer is “no,” do not answer
interrogatories 8.2 through 8.8).

8.2 State:

(a) the nature of your work;

(b) your job title at the time of the INCIDENT; and
(c) the date your employment began.

8.3 State the last date before the INCIDENT that you
worked for compensation.

8.4 State your monthly income at the time of the INCIDENT
and how the amount was calculated.

8.5 State the date you retumed to work at each place of
employment following the INCIDENT.

8.6 State the dates you did not work and for which you lost
income as a result of the INCIDENT.

8.7 State the total income you have lost to date as a result
of the INCIDENT and how the amount was calculated.

8.8 Will you lose 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 long you will be unable to work; and
(d) how the claim for future income is calculated.

DISC-001 [Rev. Jeruory 1, 2008)

FORM INTERROGATORIES—GENERAL

Page 4 of 89.0 Other Damages

9.1 Are there any other damages that you attribute to the

INCIDENT? If so, for each item of damage state:

(a) the nature;

(b) the date it occurred;

(c) the amount; and

(d) the name, ADDRESS, and telephone number of each
PERSON to whom an obligation was incurred.

9.2 Do any DOCUMENTS support the existence or amount
‘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

(FJ 10.1 At any time before the INCIDENT did you have com-
plaints or injuries that involved the same part of your body
claimed to have been injured in the INCIDENT? If so, for
each state:

(a) a description 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.

(1 102 List all physical, mental, and emotional disabilities you
had immediately before the INCIDENT. (You may omit
mental or emotional disabilities unless you attribute any
mental or emotional injury to the INCIDENT.)

(C1 10.3 At any time after the INCIDENT, did you sustain
injuries of the kind for which you are now claiming
damages? If so, for each 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) the nature of the treatment and its duration.

11.0 Other Claims and Previous Claims

[J 11.4 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 personal injuries? If so, for each
action, claim, or demand state:

{a) the date, time, and place and location (closest street
ADDRESS or intersection) of the INCIDENT giving rise
to the action, claim, or demand;

(b) the name, ADDRESS, and telephone number of each
PERSON against whom the claim or demand was made
or the action filed;

DISC-001

(c) the court, names of the parties, and case number of any
action filed;

(d) the name, ADDRESS, and telephone number of any
attorney representing you;

(e) whether the claim or action has been resolved or is
pending; and

(f)_ a description of the injury.

oO 11.2 In the past 10 years have you made-a written claim or

demand for workers’ compensation benefits? If so, for each

claim or demand state:

(a) the date, time, and place of the INCIDENT giving rise to
the claim;

(b) the name, ADDRESS, and telephone number of your
employer at the time of the injury;

(c) the name, ADDRESS, and telephone number of the
workers’ compensation insurer and the claim number,

(@) the period of time during which you received workers’
compensation benefits;

(e) a description of the injury;

(f) the name, ADDRESS, and telephone number of any
HEALTH CARE PROVIDER who provided services; and

(g) the case number at the Workers’ Compensation Appeals
Board.

12.0 Investigation—General

12.1 State the name, ADDRESS, and telephone number of

each individual:

(a) who witnessed the INCIDENT or the events occurring
immediately before or after the INCIDENT;

(b) who made any statement at the scene of the INCIDENT;

(c) who heard any statements made about the INCIDENT by
any individual at the scene; and

(d) who YOU OR ANYONE ACTING ON YOUR BEHALF
claim has knowledge of the INCIDENT (except for
expert witnesses covered by Code of Civil Procedure
section 2034).

Y] 12.2 Have YOU OR ANYONE ACTING ON YOUR
BEHALF interviewed any individual conceming the
INCIDENT? If so, for each individual state:

{a) the name, ADDRESS, and telephone number of the
individual interviewed;

(b) the date of the interview; and

(c) the name, ADDRESS, and telephone number of the
PERSON who conducted the interview.

12.3 Have YOU OR ANYONE ACTING ON YOUR

BEHALF obtained a written or recorded statement from any

individual concerning the INCIDENT? {If so, for each

statement state:

(a) the name, ADDRESS, and telephone number of the
individual from whom the statement was obtained;

(b) the name, ADDRESS, and telephone number of the
individual who obtained the statement;

(c) the date the statement was obtained; and

(d) the name, ADDRESS, and telephone number of each
PERSON who has the original statement or a copy.

OISC-001 Rev. Jorumy 9, 2008) FORM INTERROGATORIES—GENERAL Page Sof[Z] 12.4 Do YOU OR ANYONE ACTING ON YOUR BEHALF

know of any photographs, films, or videotapes depicting any
place, object, or individual concerning the INCIDENT or
plaintiffs injuries? If so, state:

(a) the number of photographs or feet of film or videotape;

(b) the places, objects, or persons photographed, filmed, or
videotaped;

(c) oe date the photographs, films, or videotapes were

(d) fe name, ADDRESS, and telephone number of the
individual taking the photographs, 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 videotapes.

12.5 Do YOU OR 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-

2034.310) concerning the INCIDENT? If so, for each item

state:

(a) the type (i.e., diagram, reproduction, or model);

{b) the subject matter; and

(c) the name, ADDRESS, and telephone number of each
PERSON who has it.

wW [V] 12.6 Was a report made by any PERSON conceming the

INCIDENT? If so, state:

(a) the name, title, identification number, and employer of
the PERSON who made the report;

(b) the date and type of report made;

(c) the name, ADDRESS, and telephone number of the
PERSON for whom the report was made; and

(a) the name, ADDRESS, and telephone number of each
PERSON who has the original or a copy of the report.

12.7 Have YOU OR ANYONE ACTING ON YOUR
BEHALF inspected the scene of the INCIDENT? If so, for
each inspection state:

{a) the name, ADDRESS, and telephone number of the
individual making the inspection (except for expert
witnesses covered Code of Civil Procedure
sections 2034.210-2034.310); and

(b) the date of the inspection.

13.0 Investigation—Surveillance

v7)

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 each sur-

veillance state:

(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 surveillance; and

(d) the name, ADDRESS, and telephone number of each
PERSON who has the original or a copy of any
surveillance photograph, film, or videotape.

DISC-001
3.2 Has a written report been prepared on the
surveillance? If so, for each written report state:
(a) the title;
(b) the date;
(c) the name, ADDRESS, and telephone number of the

individual who prepared the report; and

(d) the name, ADDRESS, and telephone number of each
PERSON who has the original or a copy.

14.0 Statutory or Regulatory Violations

[V] 14.1 Do YOU OR ANYONE ACTING ON YOUR BEHALF
contend that any PERSON involved in the INCIDENT
violated any statute, ordinance, or regulation and that the
violation was a legal (proximate) cause of the INCIDENT? If
so, identify the name, ADDRESS, and telephone number of
each PERSON and the statute, ordinance, or regulation that
was violated.

[Vv] 14.2 Was any PERSON cited or charged with a violation of
any statute, ordinance, or regulation as a result of this
INCIDENT? If so, for each PERSON state:

{a) the name, ADDRESS, and telephone number of the
PERSON;

(b) the statute, ordinance, or regulation allegedly violated;

(c) whether the PERSON entered a plea in response to the
citation or charge and, if so, the plea entered; and

(d) the name and ADDRESS of the court or administrative
agency, names of the parties, and case number.

15.0 Denials and Special or Affirmative Defenses

15.1 Identify each denial of a material allegation and each
special or affirmative defense in your pleadings and for

each:

(a) state all facts upon which you base the denial or special
or affirmative defense;

(b) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of those facts;
and

(c) identify 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 who has each DOCUMENT.

16.0 Defendant's Contentions—Personal Injury

[J 16.1 Do you contend that any PERSON, other than you or
plaintiff, contributed to the occurrence of the INCIDENT or
the injuries or damages claimed by plaintiff? If so, for each
PERSON:

{a) state the name, ADDRESS, and telephone number of
the PERSON;

(b) 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, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.

oO 16.2 Do you contend that plaintiff was not injured in the

INCIDENT? If so:

(a) state all facts upon which you base your contention;

(b) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of the facts; and

(c) 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 or thing.

DISC-007 (Rev. January 7, 2008)

FORM INTERROGATORIES—GENERAL

Page 6 of 8[7116.3 Do you contend that the injuries or the extent of the
injuries claimed 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 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, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.

oO 16.4 Do you contend that any of the services fumished by
any HEALTH CARE PROVIDER claimed by plaintiff in
discovery proceedings thus far in this case were not due to
the INCIDENT? If so:

(a) identify each service;

(b) 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, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.

O65 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;

(b) state alt 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

(@) 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 or thing.

Oo 16.6 Do you contend that any part of the loss of earnings or
income ciaimed by plaintiff in discovery proceedings thus far
in this case was unreasonable or was not caused by the
INCIDENT? If so:

(a) identify each part of the loss;

(b) 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, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.

oO 16.7 Do you contend that 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;

(b) 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, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.

DISC-001
[FJ 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;
(b) 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
() 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
DOCUMENT or thing.

O 16.9 Do YOU OR ANYONE ACTING ON YOUR BEHALF
have any DOCUMENT (for example, insurance bureau
index reports) concerning claims for personal injuries made
before or after the INCIDENT by a plaintiff in this case? If
so, for each plaintiff state:

(a) the source of each DOCUMENT;

(b) the date each claim arose;

(c) the nature of each claim; and

(d) the name, ADDRESS, and telephone number of the
PERSON who has each DOCUMENT.

oO 16.10 Do YOU OR ANYONE ACTING ON YOUR BEHALF
have any DOCUMENT concerning the past or present
physical, mental, or emotional condition of any plaintiff in
this case from a HEALTH CARE PROVIDER not previously
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, ADDRESS, and telephone number of each
HEALTH CARE PROVIDER;

(b) a description of each DOCUMENT; and

(c) the name, ADDRESS, and telephone number of the
PERSON who has each DOCUMENT.

17.0 Responses to Request for Admissions

I 17.1. ls your response to each request for admission served
with these interrogatories an unqualified admission? If not,
for each response that is not an unqualified admission:

(a) state the number of the request;

(b) state all facts upon which you base your response;

(c) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of those facts;
and

(@) identify all DOCUMENTS and other tangible things that
support your response and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.

18.0 [Reserved]
19.0 [Reserved]

20.0 How the Incident Occurred—Motor Vehicle

[120.1 State the date, time, and place of the INCIDENT
(closest street ADDRESS or intersection).

[-] 20.2 For each vehicle involved in the INCIDENT, state:

(a) the year, make, model, and license number;

(b) the name, ADDRESS, and telephone number of the
driver;

DISC-001 fRev. January 1.2008),

FORM INTERROGATORIES—GENERAL Page of 8(c) the name, ADDRESS, and telephone number of each
occupant other than the driver;

(d) the name, ADDRESS, and telephone number of each
registered owner;

(e) the name, ADDRESS, and telephone number of each
lessee;

(f) the name, ADDRESS, and telephone number of each
owner other than the registered owner or lien holder;
and

(g)the name of each owner who gave permission or
consent to the driver to operate the vehicle.

20.3 State the ADDRESS and location where your trip
began and the ADDRESS and location of your destination.

CO 20.4 Describe the route that you followed from the
beginning of your trip to the location of the INCIDENT, and
state the location of each stop, 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
INCIDENT.

[120.6 Did the INCIDENT occur at an intersection? If so,
describe all traffic control devices, signals, or signs at the
intersection.

(J 20.7 was there a traffic signal facing you at the time of the
INCIDENT? If so, state:
(a) your location when you first saw it;
(b) the color;
{c) the number of seconds it had been that color; and
({d) whether the color changed between the time you first
saw it and the INCIDENT.

O 20.8 State how the INCIDENT occurred, giving the speed,
direction, and location of each vehicle involved:
(a) just before the INCIDENT;
(b) at the time of the INCIDENT; and (c) just
after the INCIDENT.

(7) 20.9 Do you have information that a malfunction or defect in

a vehicle caused the INCIDENT? If so:

(a) identify the vehicle;

(b) identify each malfunction or defect;

(c) state the name, ADDRESS, and telephone number of
each 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 custody of each defective part.

[120.10 Do you have information that any malfunction or
defect in a vehicle contributed to the injuries sustained in the
INCIDENT? If so:

(a) identify the vehicte;

(b) identify each malfunction or defect;

(c) state the name, ADDRESS, and telephone number of
each PERSON who is a witness to or has information
about each malfunction or defect; and

DISC-001

(d) state the name, ADDRESS, and telephone number of
each PERSON who has custody of each defective part.

7) 20.11 State the name, ADDRESS, and telephone number of
each owner and each PERSON who has had possession
since the INCIDENT of each vehicle involved in the
INCIDENT.

25.0 [Reserved]
30.0 [Reserved]
40.0 [Reserved]

50.0 Contract

50.1 For each agreement alleged in the pleadings:

(a) identify each DOCUMENT thatis part of the agreement
and for each state the name, ADDRESS, and telephone
number of each PERSON who has the DOCUMENT;

(b) state each part of the agreement not in writing, the
name, ADDRESS, and telephone number of each
PERSON agreeing to that provision, and the date that
part of the agreement was made;

{c) identify all DOCUMENTS that evidence any part of the
agreement not in writing and for each state the name,
ADDRESS, and telephone number of each PERSON
who has the DOCUMENT;

(d) identify all DOCUMENTS that are part of any
modification to the agreement, and for each state the
name, ADDRESS, and telephone number of each
PERSON who has the DOCUMENT;

(e) state each modification not in writing, the date, and the
name, ADDRESS, and telephone number of each
PERSON agreeing to the modification, and the date the
modification was made;

(f) identify all DOCUMENTS that evidence any modification
of the agreement not in writing and for each state the
name, ADDRESS, and telephone number of each
PERSON who has the DOCUMENT.

50.2 Was there a breach of any agreement alleged in the
pleadings? If so, for each breach describe and give the date
of every act or omission that you claim is the breach of the
agreement.

A 50.3 Was performance of any agreement alleged in the
pleadings excused? If so, identify each agreement excused
and state why performance was excused.

i 50.4 Was any agreement alleged in the pleadings terminated
by mutual agreement, release, accord and satisfaction, or
novation? If so, identify each agreement terminated, the date
of termination, and the basis of the termination.

50.5 Is any agreement alleged in the pleadings unenforce-
able? If so, identify each unenforceable agreement and
‘state why it is unenforceable.

50.6 Is any agreement alleged in the pleadings ambiguous?
If so, identify each ambiguous agreement and state why it is
ambiguous.

60.0 [Reserved]

‘DiSG-001 [Rev. January 1, 2008]

FORM INTERROGATORIES—GENERAL

Page 8 of 8EXHIBIT Bmfletcher@frandzel.com
Kenneth N. Russak (State Bar No. 107283)
krussak@frandzel.com
Hanna B. Raanan (State Bar No. 261014)
frandzel.com

6500 Wilshire Boulevard
Seventeenth Floor

Los Angeles, California 90048-4920
Telephone: (323) 852-1000
Facsimile: (323) 651-2577

Attorneys for Plaintiff and Cross-Defendant
CATHAY BANK

© © AY DH aw Ww

Oo

CATHAY BANK, a California banking
corporation,

— oe
Roe

Plaintiff,

_
w

Vv.

RAYMOND XIANG KAI ZHANG, aka
RAYMOND KAI ZHANG, aka RAYMOND
ZHANG, aka XIANG KAI ZHANG, aka
XIANG ZHANG, aka ZHANG XIANG, an
individual; CINDY ZHANG, an individual;
DONG YING QUI, an individual;;XIANG
KAI, LLC, a California limited liability
company ; RAY KAI, LLC, a California
limited liability company; ZHANGS, LLC,
California limited liability companyand
DOES 1 through 200, inclusive,

meee
oem UA aR

Defendant.

tN
o

Michael Gerard Fletcher (State Bar No. 070849)

FRANDZEL ROBINS BLOOM & CSATO, L.C.

RAYMOND XIANG KAI ZHANG, an
individual, CINDY ZHANG, an individual;
DONG YING QUI, an individual; RAY KAI,
LLC, a California limited liability company;
and ZHANGS, LLC, a California limited
liability company,

21

Cross-Complainant,
v.

CATHAY BANK, a California banking
corporation; and DOES 201-230, Inclusive,

1033490.3 | 023000-0790

——________Cross-Defendant.

SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO, NORTHERN DISTRICT

CASE No. CGC-100500934

PLAINTIFF CATHAY BANK'S
OBJECTIONS AND RESPONSES TO
DEFENDANT RAYMOND XIANG KAI
ZHANG'S FIRST SET OF FORM
INTERROGATORIES

_]__
PLAINTIFF CATHAY BANK'S OBJECTIONS AND RESPONSES TO DEFENDANT RAYMOND XIANG KAI
ZHANG'S FIRST SET OF FORM INTERROGATORIESLOS ANGELES, CALIFORNIA @0048-4920
(322) 852-1000

FRANDZEL ROBINS BLOOM & CSATO, L.C.
6500 WILSHIRE BOULEVARD, 1 77H FLOOR

eo © IY DA WH BRB WY

bo NR PP Pw NY NR KY YW | & -
ost AA SF OH FF FO edWIF DEBRIS

AND RELATED CROSS-ACTION |

PROPOUNDING PARTY: DEFENDANT RAYMOND XIANG KAI ZHANG
RESPONDING PARTY: CATHAY BANK

SET NO.: ONE

Plaintiff Cathay Bank ("Bank") hereby responds and object to Form Interrogatories, Set
No. One ("Interrogatories") propounded by Defendant Raymond Xiang Kai Zhang ("Zhang") in
accordance with Code of Civil Procedure § 2031.210 et. seq., as follows:

PRELIMINARY STATEMENT

Investigation by the Bank as to all facts relating to this action has begun and is continuing.
The Responses set forth herein represent information ascertainable by the Bank after diligent
inquiry as of the date hereof and should not be construed to reflect all matters that relate to this
action or that may be found to be responsive to these Interrogatories. The Bank anticipates that as
this action proceeds, further information may be discovered and without in any way obligating
itself to do so, the Bank reserves the right to modify or supplement its Responses with such
pertinent information as it may subsequently discover. Furthermore, these Responses are given
without prejudice to the Bank’s right to rely on, at any time, including trial, subsequently
discovered information or information omitted from these Responses as a result of mistake, error,
oversight or inadvertence.

Specific objections to each separate Interrogatory are made on an individual basis in the
Bank’s Responses below. In addition to the specific objections, the Bank makes certain
continuing and general objections (“General Objections”) to each of the Interrogatories. These
General Objections are hereby incorporated by reference into the Response made with respect to
each separate Interrogatory. For particular emphasis, the Bank has, from time to time, expressly
included one or more of the General Objections in the Responses below. The Bank’s Responses
to each individual Interrogatory is submitted without prejudice to, and without in any respect
waiving, any General Objections not expressly set forth in that Response. Accordingly, the
1033490.3 | 02300-0790

PLAINTIFF CATHAY BANK'S OBJECTIONS AND RESPONSES TO DEFENDANT RAYMOND XIANG KAI
ZHANG'S FIRST SET OF FORM INTERROGATORIES.LOS ANGELES, CALIFORNIA 90048-4920
(323) 852-1000

FRANDZEL ROBINS BLOOM & Csato, L.C.
6500 WILSHIRE BOULEVARD, | 77H FLOOR

0 Oe YN DA NH BF WwW Ww

10

inclusion of any specific objection to the Interrogatory in any Response below is neither intended
as, nor shall in any way be deemed, a waiver of any General Objection or any other specific
objection made herein or that may be asserted at a later date. In addition, the failure to include at
this time any General or specific Objection to a Interrogatory is neither intended as, nor shall in
any way be deemed, a waiver of the Bank’s right to assert that or any other objection at a later
date.

GENERAL OBJECTIONS

1. The Bank’s responses are based on information reasonably available to it at this
time. Because discovery in this matter is continuing, the responses that are given contain only that
information which the Bank has discovered to date. The Bank’s discovery, investigation and trial
preparation are continuing in this matter. The Bank reserves the right to modify or supplement its
responses with such pertinent information as it may subsequently discover. Furthermore, these
responses are given without prejudice to the Bank’s right to rely on, at any time, including trial,
subsequently discovered information omitted from these responses as a result of mistake, error,
oversight, or inadvertence. These responses are given without prejudice to the Bank’s right to
introduce any subsequently discovered evidence or facts of which the Bank becomes aware or
recalls in th