Motion for Protective Order in State Compensation Insurance Fund vs. Ricardo Lara in his cap...| Trellis.Law

On June 10, 2019 a Party Discovery was filed involving a dispute between State Compensation Insurance Fund, and Ricardo Lara In His Capacity As Insurance Commissioner Of The State Of California, for (Writ - Administrative Mandamus) in the District Court of Sacramento County.

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1 XAVIER BECERRA
Attomey General of Califomia
2 MOLLY K . MOSLEY
Supervising Deputy Attomey General AUG 3 1 2020
3 DEBBIE J. VOROUS
Deputy Attomey General
4 State Bar No. 166884
13001 Sfreet, Suite 125
5 P.O. Box 944255
Sacramento, CA 94244-2550
6 Telephone: (916)210-7349
Fax: (916)323-7095
7 E-mail: Debbie.Vorous(^doj.ca.gov
Attomeys for Respondent Ricardo Lara
8 in his capacity as Insurance Commissioner ofthe
State of Califomia
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SACRAMENTO
11

14 STATE COMPENSATION INSURANCE Case No. 34-2019-80003164
FUND, a Public Enterprise Fund,
15 INDEX OF EXHIBITS AND EXHIBITS
Petitioner, EV SUPPORT OF RESPONDENT'S 1)
16 MOTION FOR PROTECTFVE ORDER
V. AND/OR TO QUASH DEPOSITION
17 NOTICES; AND 2) MOTION FOR
BIFURCATION AND TO SET THE
18 RICARDO LARA in his capacity as SEQUENCE AND TIMING OF
INSURANCE COMMISSIONER OF THE DISCOVERY
19 STATE OF CALIFORNIA,
Date: September 25, 2020
20 Respondent, Time: 10:00 a.m.
Dept: 27
21 Judge: Hon. Steven M. Gevercer
Trial Date: None Set
22 A-BRITE BLIND & DRAPERY Action Filed: June 10,2019
CLEANING,
23
Real Party in Interest.
24

28
1
Index of Exhibits and Exhibits in Support of Motion for Protective Order and/or to Quash Depositions and Motion
for Bifurcation and to Set the Sequence and Timing of Discovery (34-2019-80003164)
1 Respondent Ricardo Lara in his capacity as Insurance Commissioner of the State of

2 Califomia (the Commissioner) submits the following list of exhibitsfiledin support of

3 Respondent's 1) Motion for Protective Order and/or to Quash Deposition Notices and 2) Motion

4 for Bifiircation and to Set the Sequence and Timing of Discovery. The Exhibits are identified in
5 the Declaration of Debbie J. Vorousfiledin support of Respondent's motions.
6
7
Exhibit Page
8 Letters Numbers Description of Documentary Evidence
9
A 1-2 March 16, 2020 letter from Rhett R. Johnson (counsel for State
10
Compensation Insurance Fund [State Fund]) to Debbie J. Vorous.
11
B 3-7 Notice of Deposition of Ricardo Lara ahd Demand for Production of
12
Documents.
13
C 8-12 Notice of Deposition of Bryant Henley and Demand for Production of
14
Documents.
15
D 13-18 Notice of Deposition of Person Most Qualified oftaeCalifomia
16
Department of Insurance and Demand for Production of Documents.
17
E 19-21 March 19, 2020 letter from Debbie J. Vorous to Rhett R. Johnson.
18
F 22-23 March 20,2020 letter from Drew Pomerance (counsel for A-Brite Blind
19
& Drapery Cleaning [A-Brite]) to Rhett R. Johnson.
20
G 24-26 March 24, 2020 letter from Seaton Tsai (State Fund) to Debbie J.
21
Vorous.
22
H 27-29 March 24, 2020 letter from Seaton Tsai to Drew Pomerance and David
23
Ginsburg (counsel for A-Brite).
24
I 30-33 March 27,2020 letter from Debbie J. Vorous to Seaton Tsai, with
25
joinder by David Ginsburg.
26
27 J 34-38 March 30,2020 letter from Seaton Tsai to Debbie J. Vorous.

Index of Exhibits and Exhibits in Support of Motion for Protective Order and/or to Quash Depositions and Motion
for Bifiu-cation and to Set the Sequence and Timing of Discovery (34-2019-80003164)
1
K 39-42 March 30,2020 letter from Seaton Tsai to Drew Pomerance and David
2
Ginsburg.
3
L 43-46 April 21, 2020 letter from Seaton Tsai to Debbie J. Vorous.
4
M 47-49 May 5,2020 letter from Debbie J. Vorous to Seaton Tsai.
5
N 50-63 June 24, 2020 letter from Debbie J. Vorous to Seaton Tsai.
6
O 64-70 July 15, 2020 letter from Seaton Tsai to Debbie J. Vorous.
7
P 71-76 Excerpts from State Compensation Insurance Fund's Responses to
8
Request for Admissions, Set One Propounded by Ricardo Lara in his
9
capacity as Insurance Commissioner of tae State of California, dated
10
May 28, 2020.
11
Q ^ 77-187 Commissioner's June 4, 2020 objections and responses to State Fund's
12
first set of request for admissions (Bates-stamped pp. 78-97), form
13
interrogatory no. 17.1 (Bates-stamped pp. 98-104), special
14
interrogatories (Bates-stamped pp. 105-118), and request for production
15
of documents and documents (Bates-stamped pp. 119-187).
16
R 188-208 June 24,2020 letter from Seaton Tsai to Debbie J. Vorous.
17
S 209-214 July 16, 2020 letter from Debbie J. Vorous to Seaton Tsai.
18
T 215-263 Commissioner's first set of request for admissions directed to State
19
Fund, dated April 17,2020 (Bates-stamped pp. 216-245) and second set
20
of request for admissions, dated June 11, 2020 (Bates-stamped pp. 246-
21
263)
22
23 U 264-274 State Fund's responses to Commissioner's second set of request for

24 admissions, dated July 17, 2020.

25 V 275-286 Public Record Act Requests dated March 4, 2020, June 10,2020, and

26 August 3, 2020, from State Fund directed to the Califomia Department

27 of Insurance, and request dated May 29,2020, from State Fund directed

28 1 to the Califomia Department of Justice.

Index of Exhibits and Exhibits in Support of Motion for Protective Order and/or to Quash Depositions and Motion
for Bifurcation and to Set the Sequence and Timing of Discovery (34-2019-80003164)
1 Dated: August 31, 2020 Respectfully Submitted,
2 XAVIER BECERRA
Attomey General of Califomia
3 MOLLY K . MOSLEY
Supervising Deputy Attomey General
4
5
6
DEBBIE J. VOROUS
7 Deputy Attomey General
Attomeys for Respondent Ricardo Lara in
8 his capacity as Insurance Commissioner of
the State of California
9
10 SA2019103062

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Index of Exhibits and Exhibits in Support of Motion for Protective Order and/or to Quash Depositions and Motion
for Bifurcation and to Set the Sequence and Timing of Discovery (34-2019-80003164)
EXHIBIT A
March 16,; 2020.. (925)416-7480, .....
Email: Rriohnson@SCIF.com
Facsimile;.<(925).523-5653
Via Hand: DeHveryl. ...

Debbie J. Vorous, Esq.
Office;of-theiMorney .General of Califomia.
130Q:I^Street,;Suite..125,.;.v;..,, .
SacramentOiGA 94244;,. . . . . . . , :

i , )::r-.:,RE: :State,FiJnd.v< Ricardo L a r a , . e t a k , . v , uv .
Sacramento.C.Qunty Superior CQurt.Case No. :34-2Q1.9-eiQ00.316.4 .. .............. .

•.Dear-.Ms:rVoi;d.uSfc.-.vv:'i... .i;!?. :v, .

While State Fund remains interested.in exploring settlement of the above matter, as we discussed at Friday's
hearing, In light of the new allegations in the First Amended Writ Petition, discovery will be necessary for each
party. In that regard, enclosed herewith please find a Notices of Deposition for: (1) Ricardo Lara, in his
capacity as the Insurance Commissioner of the State of California; (2) Bryant Henley; and (3) the Person Most.
Qualified.ofthe California Department of Insurance.

please note that the depositions are presently noticed for March 30, April 1, and April 2; however, State Fund
reGogrtizesithat these depositions were noticed unilaterally and that due to the deponents' schedule, counsels'
schedule andibecause.of the pending COVID-19 situation, the depositions may not be able to proceed as
noticed. Please feel free to reach out to your client and propose alternative dates which may work better for
•them::.H.;;v?:i;

In the event of a requested continuance we are still interested In receiving, as soon as practical, the documents
accompanying the Deposition Notices. Therefore, we are seeking your consideration on arrangements for
receipt of said documents at or near the date as originally noticed. Having the documents in advanced will
facilitate the efficient conduct of the depositions if they must be continued.

Please feel free to contact me with any questions.or comments.... ...

Very Truly.-Ytfujfe,

^ ^ ^ R . Sofinson
Assistant Chief Counsel

Enclosures: as stated

5880 Owens Drive, 3rd Floor
Pleasanton, CA 94588-3900
EXHIBIT B
1 RHETT R. JOHNSON, Assistant Chief Counsel (SBN#219521)
JENNIFER D. WELLMAN, Staff Counsel (SBN# 238220)
2 State Compensation Insurance Fund
Corporate Legal Department
3 5880 Owens Drive, 3ni Floor
Pleasanton, California 94588-3900
4 Telephone: (925)416-7480
FacsimUe: (925) 523-5653
5
NOAH GRAFF, Assistant Chief Counsel (SBN# 192795)
6 SEATON TSAI, Staff Counsel (SBN# 271408)
State Compensation Insurance Fund
7 Corporate Legal Department
900 Corporate Center Drive, Suite 401
8 Monterey Park, Califomia 91754
Telephone: (323) 526-2045
9 Facsimile: (323) 526-2012

10
Attomeys for Petitioner
11 STATE COMPENSATION INSXJRANCE FUND
A Public Enteiprise Fund
12
13 SUPERIOR COURT OF THE STATE OF CALIFORNIA

14 FOR THE COUNTY OF SACRAMENTO

15 Unlimited Civil Case

16
STATE COMPENSATION INSURANCE CASE NO. 34-2019-80003164
17 FUND, a Public Enterprise Fund,

18 Petitioner, NOTICE OF DEPOSITION OF RICARDO
LARA AND DEMAND FOR PRODUCTION
19 vs. OF DOCUMENTS

20 RICARDO LARA in his capacity as
INSURANCE COMMISSIONER OF THE
21 STATE OF CALIFORMA,
22 Respondent.

23
A-BRITE BLIND & DRAPERY CLEANING,
24
Real Party In Interest.
25
26
27
28

. NOTICE OF DEPOSITION
1 TO PLAINTIFF AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that pursuant to Califomia Code of Civil Procedure ("CCP")

3 Section 2025.010, et seq., Petitioner State Compensation Insurance Fund ("State Fund") will take
4 the oral deposition of Ricardo Lara.
The deposition will be taken at State Compensation Insurance Fund, 5880 Owens
5
Drive, 3rd Floor, Pleasanton, Califomia 94588-3900. The deposition will be taken on April 1,
6
2020 at 10:00 a.m. and shall continuefromdate to date thereafter until completed.
7
The deposition will be taken before a notary public/certified court reporter who is
8
autiiorized to administer an oath. Pursuant to CCP sections 2025.220(a)(5), 2025.330 and
9
2025.340, testimony may be recorded by a form of instant visual display of the testimony known
10
as LiveNote and by videotape, in additional to recording the testimony by the stenographic
11 method. Petitioner hereby reserves therightto use the videotape of said deposition at trial.
12 BUSINESS RECORDS TO BE PRODUCED
13 PLEASE TAKE FURTHER NOTICE that the deponent is to produce the following
14 documents (meaning all "writings" described in Califomia Evidence Code section 250) at
15 deposition:
16 (1) All correspondences with Towers Watson & Co. relating or referring to State Fund's
17 Filing, CDI No. 12-5106.
18
(2) All documents prepared by Towers Watson & Co. relating or referring to State
19
Fund's Filing, CDI No. 12-5106.
20
21 (3) All documents sent to Towers Watson & Co. relating or referring to State Fimd's
22 Filing, CDI No. 12-5106.
23
(4) AU correspondences with any actuarial company, accounting firm, or consultant
24
25 relating or referring to State Fund's Filing, CDI No. 12-5106.

26 (5) All documents prepared by any actuarial company, accounting firm, or consultant
27
• relating or referring to State Fund's Filing, CDI No. 12-5106.
28
-1-
NOTICE OF DEPOSITION.
1 (6) All documents sent to any actuarial company, accounting firm, or consultant

2 relating or referring to State Fund's Filing, CDI No. 12-5106.
3
(7) All correspondences with any entity other than State Fund relating or refaciing to
4
State Fund's Filing, CDI No. 12-5106.
5

6 (8) All documents prepared by any entity other than State Fund relating or referring to
7 State Fund's Filing, CDI No. 12-5106.
8
(9) All documents sent to entity other than State Fimd relating or referring to State
9
Fund's Filing, CDI No. 12-5106.

(10) All correspondences with Towers Watson & Co. relating or referring to State

Fund's Filing, CDI No. 16-1083.
13 "
(11) All documents prepared by Towers Watson & Co. relating or referring to State

15 Fund's FUing, CDI No. 16-1083

16 (12) All documents sent to Towers Watson & Co. relating or referring to State Fimd's ^
17 Filing, CDI No. 16-1083.
18

15 (13) All correspondences with any actuarial company, accounting firm, or consultant

20 relating or referring to State Fund's Filing, CDI No. 16-1083

21 (14) All documents prepared by any actuarial company, accounting finn, or consultant

22 relating or referring to State Fund's Filing, CDI No. 16-1083.
23
24 (15) All documents sent to any actuarial company, accounting firm, or consultant
25 relating or referring to State Fund's Filing, CDI No. 16-1083
26
(16) All correspondences with any entity other than State Fund relating or referring to
27
State Fund's Filing, CDI No. 16-1083.
28

-2-
NOTICE OF DEPOSITION
1 (17) All documents prepared by any entity other than State Fund relating or referring to

2 State Fund's Filing, CDI No. 16-1083.
3
(18) All documents sent to entity other than State Fund relating or referring to State
4
Fund's Filing, CDI No. 16-1083.
5
6 (19) All documents relating or referring to State Fimd's Filing, CDI No. 12-5106.
7 (20) All documents relating or referrmg to State Fund's Filing, CDI No. 15-1083.
8 (21) All documents relating or referring to In the Matter ofthe Appeal ofA-Brite Blind
9
&Drapery Cleaning, CDI File No.: AHB-WCA-17-26 (the Decision"),
10
(22) All documents relating or referring to In the Matter of the Appeal of Sessions
11
Payroll Management, Inc., CDI File No.: AHB-WCA-17-26 (the "Sessions
12
13 Payroll).

14 (23) All documents relating or referring to Michael Reynolds Enterprise, Inc, v. State
15 Compensation Insurance Fund, Los Angeles Superior Court Case No.
16 19STCV05738.
17
(24) All documents relating or referring to American letter & Plumbing, Inc. v. State
18
Compensation^ Insurance Fund, Los Angeles Superior Court Case No.
19
20 19STCV36307.

21
22
23
24
Dated: March K/2020 By
25
RHETT R. JOHNSON
26 SEATON TSAI
27 Attomeys for Petitioner
STATE COMPENSATION INSURANCE FUND
28
-3-
NOTICE OF DEPOSITION
EXHIBIT C
1 RHETT R. JOHNSON, Assistant Chief Counsel (SBN#219521)
JENNIFER D. WELLMAN, Staff Counsel (SBN# 238220)
2 State Compensation Insurance Fund
Corporate Legal Department
3 5880 Owens Drive, 3rd Floor
Pleasanton, Califomia 94588-3900
4 Telephone: (925)416-7480
Facsimile: (925) 523-5653
5
NOAH GRAFF, Assistant Chief Counsel (SBN# 192795)
6 SEATON TSAI, Staff Counsel (SBN# 271408)
State Compensation Insurance Fund
7 Corporate Legal Department
900 Corporate Center Drive, Suite 401
8 Monterey Park, Califomia 91754
Telephone: (323) 526-2045
9 Facsimile: (323) 526-2012
10
Attomeys for Petitioner
11 STATE COMPENSATION INSURANCE FUND
A Public Enterprise Fund
12
13 SUPERIOR COURT OF THE STATE OF CALIFORNLA
14 FOR THE COUNTY OF SACRAMENTO
15 Unlimited Civil Case
16
STATE COMPENSATION INSURANCE CASE NO. 34-2019-80003164
17 FUND, a Public Enterprise Fund,
18 Petitioner, NOTICE OF DEPOSITION OF BRYANT
HENLEY AND DEMAND FOR
19; vs. PRODUCTION OF DOCUMENTS
20 RICARDO LARA in his capacity as^
INSURANCE COMMISSIONER OF THE
21 STATE OF CALIFORNIA,
22 Respondent.
23
A-BRITE BLIND & DRAPERY CLEANING,
24
Real Party In Interest.
25
26
27
28

NOTICE OF DEPOSITION
1 TO PLAINTIFF AND THEIR ATTORNEYS OF RECORD:

2 PLEASE TAKE NOTICE that pursuant to Califomia Code ofCivil Procedure ("CCP")

3 Section 2025.010, et seq., Petitioner State Compensation Insurance Fund ("State Fund") will take
4 the oral dq>osition of Bryant Henley.
5 The deposition will be taken at State Compensation Insurance Fund, 5880 Owens
Drive, 3rd Floor, Pleasanton, Califomia 94588-3900. The deposition wiU be taken on Marcli
6
30,2020 at 10:00 a.m. and shall continuefromdate to date thereafter until completed.
7
The deposition will be taken before a notary public/certified court reporter who is
8
authorized to administer an oath. Pursuant to CCP sections 2025.220(a)(5), 2025.330 and
9
2025.340, testimony may be recorded by a form of instant visual display of the testimony known
10
as LiveNote and by videotape, in additional to recording the testimony by the stenographic
11
method. Petitioner hereby reserves therightto use the videotape of said deposition at trial.
12
BUSEVESS RECORDS TO BE PRODUCED
13 PLEASE TAKE FURTHER NOTICE that the deponent is to produce the following
14 documents (meaning all "writings" described in Califomia Evidence Code section 250) at
15 deposition:
16 (1) All correspondences with Towers Watson & Co. relating or referring to State
17
Fund's Filing, CDI No. 12-5106.
18
(2) All documents prepared by Towers Watson & Co. relating or referring to State
19
20 Fund's Filing, CDI No. 12-5106.

21 (3) All documents sent to Towers Watson & Co. relating or referring to State Fund's
22
Filing, CDI No. 12-5106.
23
24 (4) All correspondences with any actuarial company, accounting firm, or consultant

25 relating or referrmg to State Fund's FiUng, CDI No. 12-5106.

26
(5) All documents prepared by any actuarial company, accounting firm, or consultant
27
relating or referring to State Fund's Filing, CDI No. 12-5106.
28
-1-
NOTICE OF DEPOSITION

10
1 (6) All documents sent to any actuarial company, accounting firm, or consultant

2 relaiting or referring to State Fund's Filing, CDI No. 12-5106.
3
(7) All correspondences with any entity other than State Fund relating or referring to
4
State Fund's Filing, CDI No. 12-5106.
5

6 I (8) All documents prepared by any entity other than State Fund relating or referring to
7 State Fund's Filing, CDI No. 12-5106.
8
(9) All documents sent to entity other than State Fund relating or referring to State
9
JO Fund's Filing, CDI No. 12-5106

^1 (10) All correspondences with Towers Watson & Co. relating or referring to State

Fund's Filing, CDI No. 16-1083.
13.
(11) All documents prepared by Towers Watson & Co. relating or referring to State
14
15 I Fund's Filing, CDI No. 16-1083.

(12) All documents sent to Towers Watson & Co. relating or referring to State Fund's
17
Filing, CDI No. 16-1083.
18

(13) All correspondences with any actuarial company, accounting firm, or consultant

20 relating or referring to State Fund's Filing, CDI No. 16-1083.

21 (14) All documents prepared by any actuarial company, accounting firm, or consultant
22 relating or referring to State Fund's Filing, CDI No. 16-1083.
23
24 (15) All documents sent to any actuarial company, accoimting firm, or consultant
25 relating or referring to State Fund's Filing, CDI No. 16-1083.
26
(16) AU correspondences with any entity other than State Fund relating or referring to
27
State Fund's FiUng, CDI No. 16-1083.
28
-2-
NOTICE OF DEPOSITION

II
1 (17) All documents prepared by any entity other than State Fund relating or referring to

2 State Fund's Filing, CDI No. 16-1083.
3
(18) All documents sent to entity other than State Fund relating or referring to State
4
Fund's Filing, CDI No. 16-1083. .
5
6 (19) All documents relating or referring to State Fund's FUing, CDI No. 12-5106.
7 (20) AU documents relating or referring to State Fund's Filing, CDI,No. 15-1083.
8
9
10
Dated: Marchl3 2020 By
11
RHETT R. JOHNSON
12 SEATON TSAI
Attomeys for Petitioner
13 STATE COMPENSATION INSURANCE FUND
14
15
16
17
18
19
20
21
22
23
24
25
26
27.
28

-3-
NOTICE OF DEPOSITION

12
EXHIBIT D
13
1 RHETT R. JOHNSON, Assistant Chief Counsel (SBN#219521)
JENNIFER D. WELLMAN, Staff Counsel (SBN# 238220)
2 State Compensation Insurance Fund
Corporate Legal Department
3 5880 Owens Drive, 3rd Floor
Pleasanton, Califomia 94588-3900
4 Telephone: (925) 416-7480
Facsimile: (925) 523-5653
5
NOAH GRAFF, Assistant Chief Counsel (SBN# 192795)
6 SEATON TSAI, Staff Counsel (SBN# 271408)
State Compensation Insurance Fund
7 Corporate Legal Department ^
900 Corporate Center Drive, Suite 401
8 Monterey Park, Califomia 91754
Telephone: (323) 526-2045
9 Facsimile: (323)526-2012

10
Attomeys for Petitioner
II STATE COMPENSATION INSURANCE FUND
A Public Enterprise Fund
12
13 SUPERIOR COURT OF THE STATE OF CALIFORNM.

14 FOR THB COUNTY OF SACRAMENTO

15 Unlimited Civil Case

16
STATE COMPENSATION INSURANCE CASE NO. 34-2019-80003164
17 FUND, a PubUc Enterprise Fund,
18 Petitioner, NOTICE OF DEPOSITION OF PERSON
MOST QUALIFIED OF THE CALIFORNIA
19 vs. DEPARTMENT OF INSURANCE AND
DEMAND FOR PRODUCTION OF
20 RICARDO LARA in his capacity as DOCUMENTS
INSURANCE COMMISSIONER OF THE
21 STATE OF CALIFORNIA,
22 Respondent.
23
A-BRITE BLIND & DRAPERY CLEANING,
24
Real Party In Interest.
25
26
27
28

NOTICE OF DEPOSITION

14
1 TO PLAINTIFF AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that pursuant to CaUfomia Code of Civil Procedure ("CCP")

3 Section 2025.010, et seq., Petitioner State Compensation Insurance Fund ("State Fund") will take
4 the oral deposition of the Person Most Qualified of the Califomia Department of Insurance
5 ("CDI").
The deposition will be taken at State Compensation Insurance Fund, 5880 Owens
6
Drive, 3rd Floor, Pleasanton, Califomia 94588-3900. The deposition will be taken on April 2,
7
2020. at 10:00 a.m. and shaU continuefromdate to date thereafter until completed.
8
The deposition will be taken before a notary public/certified court reporter who is
9
authorized to administer an oath. Pursuant to CCP sections 2025.220(a)(5), 2025.330 and
10
2025.340, testimony may be recorded by a form of instant visual display of the testimony known
II
as LiveNote and by videotape, in additional to recording the testimony by the stenographic
12
method. Petitioner hereby reserves therightto use the videotape of said deposition at trial.
13 CATEGORIES FOR TESTIMONY
14 (1) State Compensation Insurance Fund Rate FUing, CDI No. 12-5106.
15 (2) State Compensation Insurance Fund Rate FUing, CDI No. 15-1083.
16 (3) The Department of Insurance process and procedure for accepting workers'
17 compensation insurance rate filings. '
18 (4) The Department of Insurance process and procedure for rejecting workers'
19 compensation insurance rate filings.

20 (5) The Department of Insurance process and procedure for revieAving workers'

21 compensation insurance rate filings.

22 (6) In the Matter of the Appeal of A-Brite Blind & Drapery Cleaning, CDI File No.; AHB-

23 WCA-17-26 (the "^-5nre Decision").

24 (7) In the Matter of the Appeal of Sessions Payroll Management, Inc., CDI File No.: AHB-
WCA-17-26 (the "Sessions Payroir).
25
(8) Michael Reynolds Enterprise, Inc. v. State Compensation Insurance Fund, Los Angeles
26
27 Superior Court CaseNo. 19STCV05738.

28
-1-
NOTICE OF DEPOSITION

15
1 (9) American Jetter & Plumbing, Inc. v. State Compensation Insurance Fund, Los Angeles

2 Superior Court Case No. 19STCV36307.

3 (10) Insurance Commissioner oversight authority over the Administrative Hearins

4 Bureau.

5 (11) Insurance Commissioner oversight over individual Administrative Law Judges
within the Administi-ative Hearing Bureau.
6
(12) Insurance Code section 11735.
7
(13) Insurance Code section 11737.
8
9
BUSINESS RECORDS TO BE PRODUCED
10
PLEASE TAKE FURTHER NOTICE that the deponent is to produce the following
11
documents (meaning all "writings" described in Califomia Evidence Code section 250) at
12
deposition:
13
(1) All correspondences with Towers Watson & Co. relating or referring to State
14
Fund's Filing, CDI No. 12-5106.
15
16 (2) All documents prepared by Towers Watson & Co. relating or referring to State

17 Fund's Filing, GDI No. 12-5106.

18
(3) AU documents sent to Towers Watson & Co. relating or referring to State Fund's
19
Filing, GDI No. 12-5106.
20
21 (4) AU correspondences with any actuarial company, accounting firm, or consultant

22 relating or referring to State Fund's Filing, CDI No. 12-5106,
23
(5) AU documents prepared by any actuarial company, accounting firm, or consultant
24
relating or referring to State Fund's Filing, CDI No. 12-5106.
25
26 (6) All. documents sent to any actuarial company, accounting firm, or consultant
27
relating or referring to State Fund's Filing, CDI No. 12-5106.
28

NOTICE OF DEPOSITION

16
(7) All correspondences with any entity other than. State Fund relating or referring to

2 State Fund's FiUng, CDI No. 12-5106. '
3
(8) All documents prepared by any entity other than State Fund relating or referring to
4
State Fund's FUing, CDI No. 12-5106.
5
6 (9) All documents sent to entity other than State Fund relating or referring to State
7 Fund's FUing, CDI No. 12-5106.
8
(10) All correspondences with Towers Watson «fe Co. relating or referring to State
9
Fund's Filing, CDI No. 16-1083.
10
11 (11) All documents prepared by Towers Watson & Co. relating or referring to State
12 Fund's Filing, CDI No. 16-1083.
13
(12) All documents sent to Towers Watson & Co. relating or referring to State Fund's
14
Filing, CDI No. 16-1083.
15
16 (13) All correspondences with any actuarial company, accounting firm, or consultant
17 relating or referring to State Fund's Filing, CDI No. 16-1083.
18
(14) All documents prepared by any actuarial company, accounting firm, or consultant
19
20 relating or referring to State Fund's FUmg, CDI No. 16-1083.

21 (15) AU documents sent to any actuarial company, accounting firm, or consultant
22
relating or referring to State Fund's Filing, CDI No. 16-1083.
23
24 (16) All correspondences with any entity other than State Fund relating or referring to

25 State Fund's Filing, CDI No. 16-1083.
26
(17) All dociiments prepared by any entity other than State Fund relating or referring to
27
State Fund's Filing, CDINo. 16-1083.,
28

^3: ._
NOTICE OF DEPOSITION

17
(18) *A11 docuinents sent to entity other than State Fund relating or referring to State

2 Fund's Filing, CDI No. 16-1083. .
3
(19) AU documents relating or referring to State Fund's Filing, CDI No. 12-5106.
4
(20) All documents relating or referring to State Fund's Filing, CDI No. 15-1083.
5
6 (21) AU documents relating orreferring to the ".4-5nYe Decision.

7 (22) All documents relating or referring to Sessions Payroll.

8 (23) All documents relating or referring to Michael Reynolds Enterprise, Inc. v. State
9 Compensation Insurance Fund, Los Angeles Superior Court Case No.
10
19STCV05738.
11
(24) All documents relating or referring to American Jetter & Plumbing, Inc. v. State
12
Compensation Irisurance Fund, Los Angeles Superior Court • Case No.
13
14 19STCV36307.

15
16
Dated: Marchi^2020 By /
17 Z
iy' RHETT R. JOHNSON
18 SEATON TSAI
Attomeys for Petitioner
19 STATE COMPENSATION INSURANCE FUND
20
21
22
23
24
25
26
27
28

NOTICE OF DEPOSITION

18
EXHIBIT E
19
XA VIER BECERRA State of California
Attorney General DEPARTMENT OF JUSTICE
13001 STREET, surre 125
P.O. BOX 944255
SACRAMENTO, CA 94244-2550
Public: (916)445-9555
Telephone: (916)210-7349
Facsimile: (916)323-7095
E-Mail: Debbie.Vorous@doj.ca.gov

March 19,2020

Via Email and U.S. Mail

Rliett R. Jolmson
Assistant Chief Counsel
State Compensation Insurance Fund
Corporate Legal Depailment
5880 Owens Drive, 3rd Floor
Pleasanton, CA 94588-3900 '

RE: State Compensation Bisurance Fund v. Ricai'do Lara, A-Brite Blind & Drapery Cleanuig
Superior Court of Califomia. Countv of Sacramento. CaseNo. 34-2019-80003164

Dear Mr. Johnson:

We receivedtiieNotices of Deposition and Docmnent Demands directed to Ricardo Lara,
in his capacity as the Insurance Contmissioner, Bryant Henley, and the Person Most Qualified of
the Depailment of hisurance, which were seived on our office Monday, March 16, 2020, and set
for March 30, April 1 and April 2, respectively,

Please be advised that neither myself nor any of the witnesses wUl be appearing for the
depositions as scheduled. Nor will we be providing any ofthe requested documents. As you
know, the COVID-19 situation has resulted in great micertainty and, as oftiiisweek, we here in
Sacramento are operating under a stay-at-home order. Further orders exist in Los Angeles and
San Francisco Counties where many of Uie Department's employees and officials work and
reside. Moreover, the Sacramento County Superior Court has ceased operations, and will remain
closed for judicial business tlirougli April 16, 2020, except for a list of enumerated time-
sensitive, essentialfimctions.Thus, we have no way to file a motion to quash or stay Uie notices
of deposition ahead of March 30 and/or file a motion for a protective order.

, To that end, we are asldng that you withdraw the notices of deposition and document
demands, and wait until the stay-at-home orders are Ufted and court reopens before resetting the
depositions. In addition, because it is our position that tiie depositions should.not go forward for
other reasons, we will need to meet and confer with you on the notices and possibly a date for the
court to address our discovery dispute, hi the meantime, we will provide you with our position as
to why the depositions should not go forward, and be available for a conference caU to discuss it. .

20
March 19, 2020
Page 2

Please confirm by Tuesday, March 24 tiiat State Fund has withdrawn the notices of
deposition and document demands directed to Insurance Commissioner Lara, Bryant Henley, and
the Person Most Qualified to Testifyfromthe Department. I appreciate your professional
courtesy in this regard.

Sincerely,

/s/Debbie J. Vorous

DEBBIE J. VOROUS
Deputy Attorney General

For XAVIER BECERRA
Attorney General

DJV:

SA2019103062 '

2\
EXHIBIT F
22
SACRAMENTO, CA N I C H O L A S P. R O X B O R O U G H
SACFIAMENTO OFFICE D R E W E. P O M E R A N C E
TEU ( 9 1 6 ) 4 4 2 - 2 4 1 5 GARY A . N Y E
M I C H A E L B. A D R E A N I
MARINA N . V I T E K
JOSEPHC. GJONOLA
LOS A N O E L E S , C A ;/0R O'>[B,O R O U.G Hn;-.;
WESTWOOD OFFICE ?«?:*-DWIM'I:-.D'>VK^AT'?»?»-V.
TEU ( 3 1 0 ) 4 7 0 1 8 6 9 D A V I D R. G I N S B U R G
FAX: ( 3 1 0 ) 4 7 0 9 6 4 8 BURTON E. F A L K
RYAN R. S A L S I G
DARON A. BARSAMIAN
TREVOR R. W I T T
5820 CANOGA AVENUE,
D A M O N M . RIBAKOFF VINCE S. G A N N U S I C O
SUITE 250
(197O-2007)
W O O D L A N D HILLS, CA 91367
TEL: (81 8) 9 9 2 - 9 9 9 9
FAX: ( 8 1 8 ) 9 9 2 - 9 9 9 1

March 20. 2020
Via E-Mail and U.S. Mail

Rhett R. johnson
Assistant Chief Counsel
State Compensation Insurance Fund
Corporate Legal department
5880 Owens Drive, 3"" Floor
Pleasanton, CA 94588-3900

Re: State Compensation Insurance Fund v. Ricardo Lara, A-Brite Blind & Drapery Cleaning
Sacramento Superior Court Case No. 34-2019-80003164

Dear Mr. Johnson:

On behalf of A-Brite, we join with the Commissioner in demanding that SCIF withdraw the
deposition notices of the various Dept. of Insurance personnel that you unilaterally noticed for
next week. Obviously in the light of the recent statewide order due to COVID-19, they cannot go
forward. Once the stay at home orders are lifted, we would appreciate if you would exercise the
most basic professional courtesy to furst make inquiry of what dates would work.for all parties,
rather than just unilaterally noticing them.
In any event, we would object to these depositions proceeding at all, given that it is our view
that the only permissible discovery now should be to test your allegations conceming promissory
estoppel. Only ifyou prevail on that matter would the Writ be able to proceed on the merits.
Oiicc tlic stay at home orders have been lifted, we can engage in a proper meet and confer on the
issue, and if necessary, seek court assistance.
Until then, please confirm the withdrawal of the deposition notices.
Stay safe and healUiy,
Very truly ypiji's,

GR, POMERANCE, NYE & ADREANI, LLP

OMBRANC
DEP/sg

23
EXHIBIT G
24
ESTATE;

Mai-ch 24, 2020
Via Electi'onic Mail

Debbie J. Vorous, Esq.
Office oftiieAttoniey General of California
13001 Street, Suite 125
Sacramento Califomia 94244
Telephone: (916) 210-7349
FacsimUe: (916) 323-7095
Email: Debbie.Vorous(a),doi.ca.gov

Re: State Fund v. Ricardo Lara, et al.
Sacramento Comity Superior Court Case No. 34-2019-80003164

Dear Ms. Vorous:

State Fund is in receipt of your letter dated March 19, 2020. As an adniinistrative matter, I am
taking over lead handling of this writ proceedmg on behalf of State Fund. You may continue to
include Mr. Jolinson on future coimiiuiiications, but i f you need any direct telephonic
communication, you may reach me at (323) 266-5012. J'

We ai-e sensitive to tiie severe strain that COVID-19 has caused nationwide, Califomia, the CDI,
and us here at State Fund, and all our families. We wish eveiyone to be liealtiiy and safe, and will
definitely work with you in that regard. ^

As the Supeiior Court recentiy noted when discussing the COVID-19 crisis, "Given the current
circumstances, attomeys should be prepared to agi-ee to reasonable extensions and continuances
as may be necessary or advisable to avoid in-person meetings, lieaiings or deposition obligations."
We are not aware that Courts are not requiring or asking parties to withdraw discovery, ifyou have
infonnation with regard to that please share it with us.

By servuig deposition notices last week. State Fund sought to protect its interests in this petition
proceeding, just as you are defending Uie interests of your client - the CDI and the Insurance
Commissioner. As we noted in our cover letter. State Fund asked the CDI to "feelfi-eeto reach out
to yom- client and propose alternative dates wliich may work better for Uiem." State Fuiid remains
agreeable to continuing the depositions and document productions to a later date. State Fund
cannot, however, withdraw its deposition notices entirely due to the nature of tins (and related)
class-action litigations. Botii you and A-Brite's counsel made representations to the Court at Uie
hearing on the deniurters concerning the imminent necessity of discovery.

Further, State Fund is not inclined to withdraw the notices considering boUi A-Brite and the CDI
apparentiy intend to file motions to quashtiiedeposition notices for reasons unrelated to COVID-

Los Angeles Corporate Legal
900 Corporate Center Dr., Suite 401, Monterey Park, CA 91754

25
Debbie J. Vorous, Esq.
March 24, 2020
Page 2

19 and/or schedulmg. We are all enduring the challenge of working remotely due to the vaiious
stay-at-home orders, but this should not put a pause on meet and confer efforts. Please state your
legal basis for why State Fund's deposition notices should be quashed by March 30, 2020,
especially in light oftiiisresponse wherein State Fund is expressing its wUlingness to extend time
and advance reasonable professional courtesies.

Finally, given Uiat State Fund's deposition notices were served prior to the recent, Govemor's
Order and tiie escalation of the COVAD-19 crisis, and State Fund is expressing its wUlingness to
continue, it is State Fund's position that once active litigation, resumes, its depositions noticed
earlier in time will have priority. Please confirm your agreement on this reasonable
accommodation.

Very Truly Yours,

Seaton Tsai
Direct Line: (323) 266-5012
Facsimile: (925) 523-5653
Email: STsai@SCIF.com
Eiiclosui-es: As stated

26
EXHIBIT H
27
iSTTTVT-E;;
!*• C O M P H I M S A T I O N i V '
>. I N S U R A N C E : -

Mai-ch 24,2020

Via Electronic Mail

Drew Pomerance, Esq.
David Guisburg, Esq.
Roxborough Pomerance Nye & Adreani LLP
5820 Canoga Ave #250
Woodland HiUs, CaUfomia 91367
Telephone: (818) 992-9999
Facsirnile: (818)992-9991
Email: dep(fl),ii3naIaw.coin
drg(a!i-pnalaw.com

Re: State Fund v. Ricardo Lara, et al.
Sacramento County Superior Court Case No. 34-2019-80003164

Dear Messrs. Pomerance and Ginsburg:

State Fund is in receipt of your letter dated March 20, 2020. As an administi-ative matter, I am
taking over lead handling of Uiis writ proceeding on behalf of State Fund. You may continue to
include Mr. Jolmson on coirespondences, but if you need any direct telephonic commmUcation,
you may reach me at (323) 266-5012.

We ai'e sensitive to the severe strain that COVID-19 has caused nationwide, California, Uie CDI,
and us here at State Fund, and all our famiUes. We wish everyone to be healUiy and safe, and will
definitely work with you in that regard.

As the Superior Court recentiy noted when discussing tiie COVID-19 crisis, "Given Uie current
circumstances, attomeys should be prepared to agi-ee to reasonable extensions and continuances
as may be necessary or advisable to. avoid in-pei-sOn meetings, hearings or deposition obligations."
We are not awaretiiatCourts are not requiring or asking parties to witiidraw discovei-y, ifyou have
infonnation with regard to that please share it with us.

By serving deposition notices last week, S

Case Info

Judge

Steven M. Gevercer Track Judge’s New Case

Case No.

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Document Filed Date

August 31, 2020

Case Filing Date

June 10, 2019

County

Parties

A-Brite Blind & Drapery Cleaning Real Party In Interest (rpii)
Debbie J. Vorous Attorneys for Defendants
Drew E Pomerance Attorney
Lauren E Freeman Attorneys for Defendants
Rhett R Johnson Attorney
Ricardo Lara in his capacity as Insurance Commissioner of the State of California Respondent
State Compensation Insurance Fund Petitioner
Seaton Tsai Attorneys for Plaintiffs
David Ginsburg Attorney
David Meeker Attorneys for Defendants
Edward Pomerance Attorneys for Plaintiffs
Drew Eddy Attorney
Noah Graff Attorneys for Plaintiffs
Kenneth Schnoll Attorney
Stefan Janzen Attorneys for Plaintiffs
Brenda Keys Attorneys for Plaintiffs
Jennifer Wellman Attorneys for Plaintiffs
David Ross Attorneys for Plaintiffs
David Rubin Attorneys for Plaintiffs
Michael Sapoznikow Attorneys for Defendants
Michael Liskow Attorney
Heywood Friedman Attorneys for Plaintiffs
Craig Rust Attorneys for Defendants
Brittany DeJong Attorney
Vera Cha Attorneys for Plaintiffs
Gary Friedman Attorneys for Plaintiffs

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Party Discovery: State Compensation Insurance Fund vs. Ricardo Lara in his cap...

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Parties