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  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview
  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview
  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview
  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview
  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview
  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview
  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview
  • LAURANCE HAGEN VS. ASSOCIATED INSULATION OF CALIFORNIA ASBESTOS document preview 
						
                                
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24

Brian R. McClellan, SBN 114093
LAW OFFICE OF BRIAN McCLELLAN

303 4 Street Suite 1210 . _ ELECTRONICALLY
Oakland, CA 94612 FILED
Telephone: 3 10-457-9940 . Superior Court of California,
Facsimile: 510-893-1841 . County of San Francisco
Attorneys for Defendant, . APR 07 2011
DOME CONSTRUCTION CORPORATION * BY: WILLIAM TRUPEK
. Deputy Clerk

SUPERIOR.COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO

UNLIMITED CIVIL JURISDICTION

LAURENCE HAGEN Case No, CGC-10-275582
DECLARATION OF BRIAN
McCLELLAN INSUPPORT OF

_MOTION TO COMPEL FURTHER

2
Plaintiff, 3
4
ASSOCIATED INSULATION OF ‘) RESPONSES TO DISCOVERY
) : : :
)
)
>
)

Vv,

CALIFORNIA; Defendants as Reflected’on
Exhibit 1 Attached to the Summary Complaint) DATE: May-32, 2011
herein; and DOES 1-8500, . TIME: 9:06 AM

: : DEPT: 220

Defendants,

1 Brian McClellan declare the following information is within my personal knowledge and if
called as a witness:could competently testify thereto: :

1. Laman attorney duly.licensed in the State of California and attorney of.record for Dome
Construction. / :

2, On January 21,2011 | prepared and had served on Plaintiff, Laurence Hagen, special
interrogatories, request for production of documents, request for.admissions and form
interrogatory 17.1

3, On February 22, 2011 Plaintiff served objections to-each and every item of discovery

served on them.4, Lhave not attached the discovery served nor the objections Plaintiff provided as they are'set
forth in full in the Statement-of Discovery-in Dispute. :

5. [served a meet and confer letter to Plaintiff's counsel on March 29, 201 l requesting he
provide further responses within five days since. he had the discovery for over two months,
lLalso agreed to extend that:time if plaintiff would agree in writing to extend the forty-five
days to file this motion. As of the date of this declaration J have-heard nothing in response
to this letter. This letter is attached to.this declaration as exhibit “A”.

6. Thave spent six honts preparing this Motion at $149 per hour for'a total of $894 plus $40
to file the Motion: Counsel would request an additional nwo houts ($298) if a hearing is
required.

I declare under penalty of perjury the foregoing is true-and correct under the laws:of the State -

of California.

Dated: April 6, 2011 . AW OFRICE OF BRIAN ee

0

Bark McClellan
Attorneys for Defendant
DOME CONSTRUCTION CORPORATION27

38

Hagen-vs. Associated Insulation of California, et al,
San Francisco County Superior Court Case # CGC-10-275582

EXHIBIT “A”Brian FR. MoClellan Law Offices of SACRAMENTO OFFICE

H, Renton Rolph BRIAN McCLELLAN Lait GrPces OF Bri MoCLan

Paul Yee. Nota Partnership 486 River Park Drive, Su
Nancy Sulivan Walter 805 14" STREET, SUITE 1210 Gimmes

inthony ©. Deichier . £916) 921-9040 FAX.

OAKLAND, CA 94612
(610) 457-9940 EREGNO OFFICE
FAX (510) 893-1841 TORO, Frat varus, Suite 110
. tesne, CABB7IO. ~
(359). 436-1750
Employees of Nationwide Mutual Insurance Company (659) 436-4683. FAX

Direct Dial: 510-457-9922
4 March 29,2044
Lance Stewart, Esq. 1p HE i
Brayton & Purcelt MS ny]
222 Rush Landing Road
Novato, ca. 94948

Re: HAGEN, LAURANCE Vs. ASSOCIATED INSULATION
Court Case No CGC-10-275582
‘Claim No. M00-679190
Clients: Dome Construction
Date of Loss: 10/1/1992
Our File No: 10-017499

Dear Mr. Stewart:

| received your objections to. the Request ‘for Admissions, Request for Document
Production, Special Interrogatories, and Form interrogatories (4.1. and 17.1). ‘These
objections are:computer generated that have no. bearing’on the discovery propounded on
your client. For.example you object fo the. use of the words, “inhale”, “released” and “liable”
to every request for Admission. However, none of these words. were used in-any of the
Requests. Your-other objections to the Special Interrogatories and request.for Production.
of Documents are basically cut'and paste. This is clearly an attempt te avoid responding to
legitimate.discovery. :

The. court in Clement-v-Alegre, (2009).177 Cal App 4” 1277. noted, “... the lengths to
which some counsel... will go to .avoid providing discovery(... by responding . to
straightforward interrogatories with -nitpicking. and meritless objections), resulting in
delaying proceedings, impending the self-executing operation of discovery, and.wasting ~
the-time cf the court...the opposing party, and his counsel.”

You did. not. answer one single element of this discovery, but provided only repetitive _
objections. Please provide proper discovery responses within five days.of the date of this
letter: You have had this. discovery. for over sixty days. if you need more time |-would be
agreeable if you agree in writing to extend the time for me to file -a Motion to Compe! to
forty-five days after you provide additional responses. .

LAW OFFICE OF BRIAN McCLELLAN

ease
(NAY?
“BA

5
Hany A. McClellan, Esa.Hagen vs. Associated Insulation of California, et at.
San Francisco County Superior Court Case # CGC-10-275582

PROOF OF SERVICE

4, the undsersigned, declare as follows: -

Tam employed in the county of Alameda, California, and 1 am over-the age of 18 years and not
a party ‘to the within-action. My-business address is Law Offices of Brian McClelian, 505 14” Street,
Suite 1210, Oakland, CA 94612. /

On the date executed below, T electtonically served the document(s) via LexisNexis File &
Serve discribed as: DECLARATION OF BRIAN MeCLELLAN IN SUPPORT OF MOTION
TO COMPEL FURTHER RESPONSES TO DISCOVERY on the recepients designated on the
Transaction Receipt located on the LexisNexis File & Serve website.

I declare under penalty of perjury under the laws ‘of the State of California that the foregoing is
true and correct. Executed on April 7, 2011, at, Oakland, California,

€-

~ Veronica Lopez