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EXHIBIT A
CAUSE NO. CL-19-4601—A
RICARDO AGUILERA § IN THE COUNTY COURT
Plaintiff §
§
vs § AT LAW NO. 1
OMAR CANO g
Defendant § HIDALGO COUNTY, TEXAS
PLAINTIFF’S FIRST SET OF INTERROGATORIES AND REQUESTS FOR
PRODUCTION TO DEFENDANT OTTMAR CANO
OTTMAR CANO
737 E. Garfield
San Juan, Texas 78589
0f Texas Rules 0f Civil Procedure? plaintiff
Pursuant t0 Rules 194, 196 and 197 the
Production. You must respon d t0 these discov ery
serves these Interrogatories and Requests for
requests within fifty (50) days after service of this notice.
Respectfully Submitted,
LfiW OFFICES OF EZEQUIEL REYNA, JR, P.C.
w g V425.
Graciela Orellana
State Bar N0.
{y/wzé/W.
24085450
Ezequiel Reyna, Jr.
State Bar N0. 16794798
702 W. Expressway 83, Suite 100
Weslaco, Texas 78596
(956) 968—9556 Phone / (956) 969—4171 Fax
ATTORNEYS FOR PLAINTIFF
Page 7
2436 — Amended POP
CERTIFICATE 0F SERVICE
A true and correct copy of the above and foregoing Plaintiff‘s Requests for Disclosures,
Interrogatories and Request for Production t0 Defendant has been served as an attachment t0
Plainti ffs Origin al Petitio n on the day identi fied in the citation issued t0 defend ant.
OTTMAR CANO
737 E. Garfield
San Juan, Texas 78589
I
Graciela Orellana
Page 8
249621 — Amended POP
DEFINITIONS AND INSTRUCTIONS
The definitions set forth herein are meant t0 supplement and enlarge any similar definitions
in the Texas Rules 0f Civil Procedure. In the event any defini tions herein are
§0nta1§ed
11100n315tent with the Rules, the Rules shall govern, but where the Rules are silent on a particular
point, the definitions shall control. The definitions and instru ctions are as follows:
.1.
The terms "you," "your," 0r ”defendant" refers t0 OTTMAR CANO and his/her agents.t
msurance company, and/or legal counsel; all t0 be broadly defined.
”document" and/or ”tangible things" as used in these requests are used in their
2. The term
and any copies of every writte n, printed, typed ,
most comprehensive sense and mean the original
including every draft and/or non~identi cal copy
recorded, repofied or graphic record 0r material,
01‘ const ructi ve posse ssion , custo dy 0r contr ol
0f every type and description that is in the actual
0f defendant.
“collision” refers t0 the collision made the subject 0f this lawsuit.
3. The tam)
”related t0" shall be construed in their broadest
The terms ”relates to," "relating t0,” 0r
4.
sense.
the event you become aware 0f or acquire
requests are continuing in nature. In
5. These sted
these requests, you are reque
possession, custody, 0r 0f additional infonnation responsive t0
t0 supplement your responses.
0n the ground that it requests information that is
6. If you object t0 any 0f these requests
please also provide the following
Within the work product doctrine,
privileged 0r falls
infomation:
a. State the nature 0f the privilege
01‘doctrine you claim;
0f your claim 0r privilege 0r exemption from discovery,
b. If a document is the subject
the document and the person 0r persons known t0 you
indicate the same and identify
Who have seen the document; and
0f your claim 0r privilege 01‘ exemption from
If an oral communication isthe subject
c.
communication, the perso n 0r perso ns
state the name and identify the
discovery, been
0f the communication has 0r had
known to you t0 whom the substance
document records 0r refers t0 the communication
disclosed, and state whether any
and identify such document.
Page 9
243 -1 — Amended POP
INTERROGATORIES
INTERROGATORY N0. 1:
identify yourself by stating your full name, date 0f birth, social security number, Texas
Phase,
dnver s hcense number, residence address, and telephone number.
ANS VVER:
INTERROGATORY N0. 2:
Where were you coming from and Where were you going at the time 0f the collision?
ANSWER:
INTERROGATORY N0. 3: h
how you contend the collision occurred, stating in your answer each factor whic
Please describe
without limitation, a mechanical defect, an
contend caused 0r contributed t0 it,including,
you y, and/or an
of any third party 0r parties, a sudd en emer genc
“Act 0f God,” any acts or omissions
unavoidable accident.
ANSWER:
INTERROGATORY N0. 4: names, addresses, and
eyewitnesses t0 the collision, providing their full
Please identify all
telephone numbers.
ANSWER:
INTERROGATORY N0. 5: address of any school 0r trade
nd, stating the name and
Please identify your educational backgrou school
dates during Which you attended each
school you attended. Include in your response the
have received.
and any degrees 0r certifications you may
ANSWER:
ENTERROGATORY No. 6:
prior t0 the date of the collision,
your employment history for the five (5) years
Please identify rates 0f
0f all your employers, your job dutie s,
in your answer the names and addresses
stating ion 0f
If you were self—employed during any port
and reasons for leaving each employment.
pay, were doing, and rates 0f
0f self-employment, the type 0f work you
that time, indicate the periods
p3)"-
ANSWER:
Page 10
243 62] ~ Amended POP
INTERROGATORY N0. 7:
Have you ever been convicted of a crime classified by federal 0r state law as a felony or
mvolvmg moral tulpitude, regardless 0f punishment? If so, please provide the cause number and
the court Where your case was pending, the date 0f his conViction, the sentence imposed and the
date and disposition 0f any appeal. Additionally, if your sentence imposed confinemen’t, please
identify the name and location 0f the facility wher e you were confi ned, the sent ence you served,
and the date of his release from confinement.
ANSWER:
INTERROGATORY No. 8:
With regard to your driving record:
driver’s’ license you held at the time 0f the incident, and
a. Identify each and every
when and Where you obta ined each licen se;
driver’s’ license suspension and/or revocation you received
b. Describe each and every
For each suspension and/or revo cati on, state
in the five (S) years prior t0 the incident.
on.
the date, term, and reason for the suspension and/or revocati
traffic citation or ticket you received in the five (5) years
c. Descn'be each and evely
of the citation 0r ticket, the alleged
t0 the incident. State the date and place
prior
offense, and the resolution.
were involved in as a driver in the
d. Describe each and every vehicular accident you
and date 0f each accident; the
prior t0 the incident. State the location
five (5) years
whether
the alleged cause 0f the accident,
names and addresses 0f the other parties;
claims for personal injuly and/or
ne was allegedly injured; and Whether any
anyo
property damage were made.
ANSWER:
INTERROGATORY No. 9: were driving sustained in the
What property damage (if any) the vehicle you
Please describe
ent.
(if any) you allege you
sustained as a result 0f the incid
incident, and what injuries
ANSWER:
INTERROGATORY No. 10:
which you allege plaintiff made to you
close t0 verbatim as you can all statements
Please state as
the scene 0f the collision
plaintiff make anyone
t0 else at
and/or which you allege you heard
collision, plaintiff’s clai ms 0f injur y (0r
the cause 0r conm'buting cause 0f the (2)
regarding (1)
statemen ts that
plaintiffs complaints 0f pain (01*
statements that plaintiff was not injured), (3)
plaintiff was not in pain).
Page 1 1
243621 — Amended POP
ANSWER:
INTERROGATORY N0. 11:
Please state as close t0 verbatim as you can all statements Which you allege that you made t0
plaintiff and/or anyone else at the scene 0f the collision regarding the cause 0r contributing cause
0f the collision.
ANSWER:
INTERROGATORY No. 12:
Pursuant t0 Texas Rules 0f Civil Procedure, Rule 192.3 (d), disclose the name, address, and
telephone number 0f any person who is expected to be called to testify at trial, excluding any
rebuttal 0r impeachjng Witnesses the necessity of whose testimony cannot reasonably by
anticipated before trial.
ANSWER:
Mmmm
243621 w Amended POP
m mm Page 12
CAUSE NO. CL-19-4601—A
RICARDO AGUILERA § 1N THE COUNTY COURT
Plaintiff §
§
vs § AT LAW N0. 1
§
OMAR CANO §
Defendant § HIDALGO COUNTY, TEXAS
VERIFICATION
THE STATE 0F TEXAS §
,
§
COUNTY 0F HIDALGO §
BEFORE ME, the undersigned authority, 0n this day personally appeared OTTMAR
CANO and after being duly sworn, deposes and says:
“My OTTMAR CANO and am over the age 0f eighteen years, and I have
name is I
set forth herein; I have read the
personal knowledge 0f, and I am competent t0 testify to the facts
foregoing interrogatories and the answers thereto are true and correct.”
OTTMAR CANO
SUBSCRIBED AND SWORN BEFORE ME by the saici OTTMAR CANO affiant, to
day 0f 2019.
which witness my hand and seal 0f office 0n this ,
Notary Public, State ofTexas
mmmmm
243621 — Amended POP Page 13
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EXHIBIT A CAUSE NO. CL-19-4601—A RICARDO AGUILERA § IN THE COUNTY COURT Plaintiff § § vs § AT LAW NO. 1 OMAR CANO g Defendant § HIDALGO COUNTY, TEXAS PLAINTIFF’S FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION TO DEFENDANT OTTMAR CANO OTTMAR CANO 737 E. Garfield San Juan, Texas 78589 0f Texas Rules 0f Civil Procedure? plaintiff Pursuant t0 Rules 194, 196 and 197 the Production. You must respon d t0 these discov ery serves these Interrogatories and Requests for requests within fifty (50) days after service of this notice. Respectfully Submitted, LfiW OFFICES OF EZEQUIEL REYNA, JR, P.C. w g V425. Graciela Orellana State Bar N0. {y/wzé/W. 24085450 Ezequiel Reyna, Jr. State Bar N0. 16794798 702 W. Expressway 83, Suite 100 Weslaco, Texas 78596 (956) 968—9556 Phone / (956) 969—4171 Fax ATTORNEYS FOR PLAINTIFF Page 7 2436 — Amended POP CERTIFICATE 0F SERVICE A true and correct copy of the above and foregoing Plaintiff‘s Requests for Disclosures, Interrogatories and Request for Production t0 Defendant has been served as an attachment t0 Plainti ffs Origin al Petitio n on the day identi fied in the citation issued t0 defend ant. OTTMAR CANO 737 E. Garfield San Juan, Texas 78589 I Graciela Orellana Page 8 249621 — Amended POP DEFINITIONS AND INSTRUCTIONS The definitions set forth herein are meant t0 supplement and enlarge any similar definitions in the Texas Rules 0f Civil Procedure. In the event any defini tions herein are §0nta1§ed 11100n315tent with the Rules, the Rules shall govern, but where the Rules are silent on a particular point, the definitions shall control. The definitions and instru ctions are as follows: .1. The terms "you," "your," 0r ”defendant" refers t0 OTTMAR CANO and his/her agents.t msurance company, and/or legal counsel; all t0 be broadly defined. ”document" and/or ”tangible things" as used in these requests are used in their 2. The term and any copies of every writte n, printed, typed , most comprehensive sense and mean the original including every draft and/or non~identi cal copy recorded, repofied or graphic record 0r material, 01‘ const ructi ve posse ssion , custo dy 0r contr ol 0f every type and description that is in the actual 0f defendant. “collision” refers t0 the collision made the subject 0f this lawsuit. 3. The tam) ”related t0" shall be construed in their broadest The terms ”relates to," "relating t0,” 0r 4. sense. the event you become aware 0f or acquire requests are continuing in nature. In 5. These sted these requests, you are reque possession, custody, 0r 0f additional infonnation responsive t0 t0 supplement your responses. 0n the ground that it requests information that is 6. If you object t0 any 0f these requests please also provide the following Within the work product doctrine, privileged 0r falls infomation: a. State the nature 0f the privilege 01‘doctrine you claim; 0f your claim 0r privilege 0r exemption from discovery, b. If a document is the subject the document and the person 0r persons known t0 you indicate the same and identify Who have seen the document; and 0f your claim 0r privilege 01‘ exemption from If an oral communication isthe subject c. communication, the perso n 0r perso ns state the name and identify the discovery, been 0f the communication has 0r had known to you t0 whom the substance document records 0r refers t0 the communication disclosed, and state whether any and identify such document. Page 9 243 -1 — Amended POP INTERROGATORIES INTERROGATORY N0. 1: identify yourself by stating your full name, date 0f birth, social security number, Texas Phase, dnver s hcense number, residence address, and telephone number. ANS VVER: INTERROGATORY N0. 2: Where were you coming from and Where were you going at the time 0f the collision? ANSWER: INTERROGATORY N0. 3: h how you contend the collision occurred, stating in your answer each factor whic Please describe without limitation, a mechanical defect, an contend caused 0r contributed t0 it,including, you y, and/or an of any third party 0r parties, a sudd en emer genc “Act 0f God,” any acts or omissions unavoidable accident. ANSWER: INTERROGATORY N0. 4: names, addresses, and eyewitnesses t0 the collision, providing their full Please identify all telephone numbers. ANSWER: INTERROGATORY N0. 5: address of any school 0r trade nd, stating the name and Please identify your educational backgrou school dates during Which you attended each school you attended. Include in your response the have received. and any degrees 0r certifications you may ANSWER: ENTERROGATORY No. 6: prior t0 the date of the collision, your employment history for the five (5) years Please identify rates 0f 0f all your employers, your job dutie s, in your answer the names and addresses stating ion 0f If you were self—employed during any port and reasons for leaving each employment. pay, were doing, and rates 0f 0f self-employment, the type 0f work you that time, indicate the periods p3)"- ANSWER: Page 10 243 62] ~ Amended POP INTERROGATORY N0. 7: Have you ever been convicted of a crime classified by federal 0r state law as a felony or mvolvmg moral tulpitude, regardless 0f punishment? If so, please provide the cause number and the court Where your case was pending, the date 0f his conViction, the sentence imposed and the date and disposition 0f any appeal. Additionally, if your sentence imposed confinemen’t, please identify the name and location 0f the facility wher e you were confi ned, the sent ence you served, and the date of his release from confinement. ANSWER: INTERROGATORY No. 8: With regard to your driving record: driver’s’ license you held at the time 0f the incident, and a. Identify each and every when and Where you obta ined each licen se; driver’s’ license suspension and/or revocation you received b. Describe each and every For each suspension and/or revo cati on, state in the five (S) years prior t0 the incident. on. the date, term, and reason for the suspension and/or revocati traffic citation or ticket you received in the five (5) years c. Descn'be each and evely of the citation 0r ticket, the alleged t0 the incident. State the date and place prior offense, and the resolution. were involved in as a driver in the d. Describe each and every vehicular accident you and date 0f each accident; the prior t0 the incident. State the location five (5) years whether the alleged cause 0f the accident, names and addresses 0f the other parties; claims for personal injuly and/or ne was allegedly injured; and Whether any anyo property damage were made. ANSWER: INTERROGATORY No. 9: were driving sustained in the What property damage (if any) the vehicle you Please describe ent. (if any) you allege you sustained as a result 0f the incid incident, and what injuries ANSWER: INTERROGATORY No. 10: which you allege plaintiff made to you close t0 verbatim as you can all statements Please state as the scene 0f the collision plaintiff make anyone t0 else at and/or which you allege you heard collision, plaintiff’s clai ms 0f injur y (0r the cause 0r conm'buting cause 0f the (2) regarding (1) statemen ts that plaintiffs complaints 0f pain (01* statements that plaintiff was not injured), (3) plaintiff was not in pain). Page 1 1 243621 — Amended POP ANSWER: INTERROGATORY N0. 11: Please state as close t0 verbatim as you can all statements Which you allege that you made t0 plaintiff and/or anyone else at the scene 0f the collision regarding the cause 0r contributing cause 0f the collision. ANSWER: INTERROGATORY No. 12: Pursuant t0 Texas Rules 0f Civil Procedure, Rule 192.3 (d), disclose the name, address, and telephone number 0f any person who is expected to be called to testify at trial, excluding any rebuttal 0r impeachjng Witnesses the necessity of whose testimony cannot reasonably by anticipated before trial. ANSWER: Mmmm 243621 w Amended POP m mm Page 12 CAUSE NO. CL-19-4601—A RICARDO AGUILERA § 1N THE COUNTY COURT Plaintiff § § vs § AT LAW N0. 1 § OMAR CANO § Defendant § HIDALGO COUNTY, TEXAS VERIFICATION THE STATE 0F TEXAS § , § COUNTY 0F HIDALGO § BEFORE ME, the undersigned authority, 0n this day personally appeared OTTMAR CANO and after being duly sworn, deposes and says: “My OTTMAR CANO and am over the age 0f eighteen years, and I have name is I set forth herein; I have read the personal knowledge 0f, and I am competent t0 testify to the facts foregoing interrogatories and the answers thereto are true and correct.” OTTMAR CANO SUBSCRIBED AND SWORN BEFORE ME by the saici OTTMAR CANO affiant, to day 0f 2019. which witness my hand and seal 0f office 0n this , Notary Public, State ofTexas mmmmm 243621 — Amended POP Page 13