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1 JOHN P. BRISCOE (SBN: 273690)
ibriscoe@inavallaw.com FEB 162023
2 MAY ALL HURLEY P.C.
2453 Grand Canal Boulevard
3 Stockton, California 95207-8253 By:. E. Medina
Deputy Cli rk
4 Telephone: (209) 477-3833
Facsimile: (209) 473-4818
5
Attorneys for Plaintiff David Ridge
6
SUPERIOR COURT OF THE STATE OF CALIFORNIA
7
8 IN AND FOR THE COUNTY OF SACRAMENTO
9 DAVID RIDGE, an individual, Case No.: 34-2019-00265393
10 Plaintiff, PLAINTIFF'S EVIDENCE IN
OPPOSITION TO DEFENDANT'S
11
vs. MOTION FOR SUMMARY JUDGMENT
12 OR SUMMARY ADJUDICATION
THE CALIFORNIA HIGHWAY PATROL;
13 and DOES 1-100, inclusive. Date: March 2, 2023
Time: 1:30 p.m.
14 Defendants. Dept: S3
Judge: Hon. Richard K. Sueyoshi
15 Res. No.: 2632731
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17
Plaintiff David Ridge submits the following evidence in support of his opposition to
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Defendant's Motion for Summary Judgment or Summary Adjudication
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Exhib i t l Defendant's Responses to Form Interrogatories - Employment, Set One
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Exhib It 2 Defendant's Responses to Special Interrogatories, Set One
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Exhib t3 Defendant's Responses to Special Interrogatories, Set Two
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Exhib t4 Defendant's Responses to Special Interrogatories, Set Four
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Exhib ts Defendant's Responses to Requests for Admissions, Set One
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Exhib t6 Defendant's Responses to Form Interrogatories - General, Set One
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Exhib t7 Transcript of Deposition of Brynne Marotte (with Exhibits G, H, J, L)
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Exhib t8 Transcript of Deposition of David Munis (with Exhibits DD, FF)
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Exhib t9 Transcript of Deposition of Erik Mallory (with Exhibits GG, HH)
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Plaintifrs Evidence in Opposition to Defendant's Motion for Summary Judgment or Summary Judgment
Page 1 of2
I Exhibit 10: Defendant's Responses to Special Interrogatories, Set Three and Documents
2 "Mallory000004-000057"
3 Exhibit 11: Transcript of Deposition of Kristine Nickel! (with Exhibits DD, EE)
4 Exhibit 12: Transcript of Deposition of Matthew Stover (with Exhibits 0-S, V-X)
5 Exhibit 13: Excerpts from transcript of Deposition of David Ridge (Vols. I-III, with Exhibit 5)
6 Exhibit 14: Plaintiffs Responses to Form Interrogatories (Employment Law), Set One
7 Exhibit 15: Declaration of Joseph R. Ambrose, DC, MSN-FNP
8 Exhibit 16: Declaration of David Ridge
9 Exhibit 17: Transcript of Deposition of Beth Bathgate, M.D. (with Exhibits KK, LL, MM)
10 DATED: February 15,2023 MAYALL HURLEY P.C.
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12 By.
JOHN P. BRISCOE
13 Attomeys for Plaintiff
DAVID RIDGE
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Plaintifrs Evidence in Opposition to Defendant's Motion for Summary Judgment or Summary Judgment
Page 2 of 2
EXHIBIT 1
1 XAVIER BECERRA
Attomey General of California
2 KRISTIN M . DAILY
Supervising Deputy Attorney General
3 JAMES F. CURRAN
• Deputy Attorney General
4 State Bar No. 142041
1300 I Street, Suite 125-
5 P.O. Box 944255
. Sacramento, CA 94244-2550
6 Telephone: (916)210-6113
Fax: (916)324-5567
7 E-mail: James.Curran(§doj.ca.gov
Attorneys for Defendant
8 California Highway Patrol
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SACRAMENTO
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12
13
DAVID RIDGE, Case No. 34-2019-00265393
14
Plaintiff, DEFENDANT CALIFORNIA HIGHWAY
15 PATROL'S RESPONSE TO
PLAINTIFF'S FORM
16 INTERROGATORIES -
EMPLOYMENT, SET ONE
17 THE CALIFORNIA HIGHWAY PATROL;
and DOES 1-100, inclusive,
18
Defendants. Action Filed: September 23,2019 .
19
20
21 PROPOUNDING PARTY(IES): DAVID RIDGE
Plaintiff
22
RESPONDING PARTY(IES): CALIFORNIA HIGHWAY PATROL
23 Defendant
24 SET NO. ONE
25
26 INTERROGATORY NO. 200.1:
27 Do you contend that the EMPLOYMENT relationship vvas at "at will"? If so:
28 (a) state, all facts upon which you base this contention;
1
Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393)
1 (b) state the name, ADDRESS, and telephone number of each PERSON who has
2 knowledge of those facts; and
3 (c) identify all DOCUMENTS that support your contention.
4 RESPONSE TO INTERROGATORY NO. 200.1:
5 No.
6 INTERROGATORY NO. 200.2:
7 Do you contend that the EMPLOYMENT relationship was not "at will"? If so:
8 (a) state all facts upon which you base this contention;
9 (b) state the name, ADDRESS, and telephone number of each PERSON who has
10 knowledge of those facts; and
11 (c) identify all DOCUMENTS that support your contention.
12 RESPONSE TO INTERROGATORY NO. 200.2:
13 Defendant objects to this form interrogatory on the grounds that the subparts are overbroad,
14 burdensome, and oppressive because the information provided below, namely, that employment
15 was governed by statutes, memoranda of understanding, and policies and procedures applicable to
16 all state employees, is common knowledge and available to the public, plaintiff and his counsel
17 and the documents to support this contention are voluminous. Without waiving these objections,
18 Defendant responds as follows:
19 Yes.
20 (a) Plaintiff was a permanent employee of the state of California. State employment is
21 governed by the Civil Service Act of 1934, which establishes processes and procedures for the
22 hiring, retention, and dismissal of employees. The California Supreme Court affirmed that state
23 employees with permanent status have a constitutional property interest in their jobs, and cannot
24 be deprived of their positions without due process of law. (Shelly v. Slate Personnel Board
25 (1975) 15 Cal.3d 194, 206.) Therefore, Plaintiffs employment was not at will.
26 , (b) Objection. This subpart is overly broad, vague and ambiguous and therefore unduly
27 burdensome in the context of Plaintiff s employment by Defendant because it would be
28 impossible to identify all of the individuals who have knowledge of the above-stated facts.
2
Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393)
1 (c) Objection. This subpart is overly broad, vague and ambiguous and therefore unduly
2 . burdensome in the context of Plaintiff s employment by Defendant because it would be unduly
3 burdensome to identify all documents supporting the contention staled above. Defendant refers
4 Plaintiff to the website of the Califomia Department of Human Resources (CalHR):
5 wv/w.calhr.gov.
6 INTERROGATORY NO. 200.3:
7 Do you contend that the EMPLOYMENT relationship was governed by any agreement-
8 written, oral, or implied? If so;
9 (a) state all facts upon which you base this contention;
10 (b) state the name, ADDRESS, and telephone number of each PERSON who has
11 knowledge of those facts; and
12 . (c) identify all DOCUMENTS that support your contention.
13 RESPONSE TO INTERROGATORY NO. 200.3:
14 Defendant objects to this form inteiTogatory on the grounds that the subparts are
15 overbroad, overly burdensome, and oppressive because the information provided below, namely,
16 that employment vvas governed by statutes, memoranda of understanding, and policies and
17 procedures applicable to all state employees, is common knowledge and available to the public,
18 the documents to support this contention are voluminous, and the information sought is equally
19 available. Subject to and without waiving the foregoing objections. Defendant CDCR responds
20 as follows:
21 Yes.
22 (a) Plaintiffs employment is governed by the terms and conditions of a collective
23 bargaining agreement, memoranda of understanding and other documents, copies of which may
24 be found on CalHR's website.
25 (b) There are any number of people who have knowledge of these documents, including
26 innumerable state analysis and union contract negotiators.
27 (c) Documents responsive to this request can be found on CalHR's website.
28
3
Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393)
1 INTERROGATORY NO. 200.4:
2 Was any part of the parties' EMPLOYMENT relationship governed in whole or in part by
3 any written rules, guidelines, policies, or procedures established by the EMPLOYER? If so, for
4 each DOCUMENT containing the written rules, guidelines, policies, or procedures:
5 (a) state the date and title of the DOCUMENT and a general description of its contents;
6 (b) state the manner in which the DOCUMENT was communicated to employees; and
7 (c) state the manner, if any, in which employees acknowledged either receipt of the
8 DOCUMENT or knowledge of its contents.
9 RESPONSE TO INTERROGATORY NO. 200.4:
10 Defendant objects to this form interrogatory on the grounds that the subparts are overbroad,
11 burdensome, and oppressive because the information provided below, namely, that employment
12 was govemed by statutes, memoranda of understanding, and policies and procedures applicable to
13 all state employees, is common knowledge and available to the public, the documents to support
14 this contention are voluminous, and the information sought is equally available. Subject to and
15 without waiving the foregoing objections. Defendant CDCR responds as follows:
16 (a) Plaintiffs employment is governed by the terms and conditions of a collective
17 bargaining agreement, memoranda of understanding and other documents, copies of which may
18 be found on CalHR's website. In addition. Defendant has numerous policy documents which
19 govern employment with its employees. Identifying each would be overly burdensome.
20 Defendant invites Plaintiffs counsel lo meet and confer about identification and production of
21 copies, or links to, specific policies.
22 (b) Defendant provides its employees with copies of the relevant policies.
23 INTERROGATORY NO. 200.5:
24 Was any part of the parties' EMPLOYMENT relationship covered by one or more
25 collective bargaining agreements or memorandums of understanding betvveen the EMPLOYER
26 (or an association of employers) and any labor union or employee association? If so, for each .
27 collective bargaining agreement or memorandum of understanding, stale:
28
4
Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393)
1 (a) the names and ADDRESSES of the parlies lo the collective bargaining agreement or
2 memorandum of understanding;
3 . (b) the beginning and ending dales, if applicable, of the collective bargaining agreement or
4 memorandum of understanding; and
5 (c) which parts of the collective bargaining agreement or memorandum of understanding, if
6 any, govern (i) any dispute or claim refeiTcd to in the PLEADINGS and (2) the rules or procedures
7 for resolving any dispute or claim referred to in the PLEADINGS.
8 RESPONSE TO INTERROGATORY NO. 200.5:
9 Defendant objects to this form interrogatory on the grounds that the subparts are overly
10 broad and unduly burdensome because the infomiation requested is common knowledge and
11 available to the public and the documents to support this contention are voluminous. Without
12 waiving these objections. Defendant responds as follows: Yes.
13 (a) The State of Califomia and State Bargaining Unit 5.
14 (b) CalHR's website states the current CBA is effective from July 1, 2019 to June 30,
15 2023. See https://www.calhr.ca.gov/labor-relations/Pages/Unit-05-Highway-Patrol.aspx
16 (c) Defendant respectfully responds by pointing out Plaintiff and his legal counsel can
17 determine which provisions apply to his complaint in this action.
18 INTERROGATORY NO. 200.6:
19 Do you contend that the EMPLOYEE and the EMPLOYER were in a business
20 relationship other than an EMPLOYMENT relationship? If so, for each relationship:
21 (a) state the names ofthe parties to the relationship;
22 (b) identify the relationship; and
23 (c) state all facts upon which you base your contention that the parties were in a relationship
24 other than an EMPLOYMENT relationship.
25 RESPONSE TO INTERROGATORY NO. 200.6:
26 No.
27 INTERROGATORY NO. 201.1:
28 Was the EMPLOYEE involved in a TERMINATION? If so:
5
Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393)
1 (a) state all reasons for the EMPLOYEE'S TERMINATION;
2 (b) state the name, ADDRESS, and telephone number of each PERSON who participated
3 in the TERMINATION decision;
4 (c) state the name, ADDRESS, and telephone number of each PERSON who provided any
5 information relied upon in the TERMINATION decision; and
6 (d) identify all DOCUMENTS relied upon in the TERMINATION decision.
7 RESPONSE TO INTERROGATORY NO. 201.1:
8 No. Plaintiffs separation from employment by CHP was by disability retirement.
9 INTERROGATORY NO. 201.2:
10 Are there any facts that would support the EMPLOYEE'S TERMINATION that were
11 first discovered after the TERMINATION? If so:
12 (a) state the specific facts;
13 (b) state when and how EMPLOYER first learned of each specific fact;
14 . (c)statethename, ADDRESS, and telephone number of each PERSON who has
15 knowledge of the specific facts; and
16 (d) identify all DOCUMENTS that evidence these specific facts.
17 RESPONSE TO INTERROGATORY NO. 201.2:
18 Objection. Vague and ambiguous. CHP did not subject Plaintiff to a "TERMINATION" as
19 defined by these form interrogatories. Without waiving: CHP is not aware, at present, of any
20 "after-acquired evidence," but reserves its right to present such evidence pending ftirther
21 investigation and discovery.
22 INTERROGATORY NO. 201.3:
23 Were there any other ADVERSE EMPLOYMENT ACTIONS, including (ihe asking .
24 party should list the AD VERSE EMPLOYMENT A CTIONS): TERMINATION, suspension,
25 demotion, reprimand, loss of pay, failure or refusal to hire, failure or reftisal to promote, other
26 action or failure to act that adversely affected the EMPLOYEE'S rights or interests. If so, for each
27 action, provide the following:
28 (a) all reasons for each ADVERSE EMPLOYMENT ACTION;
6
Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393)
1 (b) the name, ADDRESS, and telephone number of each PERSON who participated in
2 making each ADVERSE EMPLOYMENT ACTION decision;
3 (c) the name, ADDRESS, and telephone number of each PERSON who provided any
4 information relied upon in making each ADVERSE EMPLOYMENT ACTION decision; and
5 (d) the identity of all DOCUMENTS relied upon in making each ADVERSE
6 EMPLOYMENT ACTION decision.
7 RESPONSE TO INTERROGATORY NO. 201.3:
8 No.
9 INTERROGATORY NO. 201.4:
10 Was the TERMINATION or any other ADVERSE EMPLOYMENT ACTIONS referred
11 to in Interrogatories 201.1 through 201.3 based in whole or in part on the EMPLOYEE'S job
12 performance? If so, for each action:
13 (a) identify the ADVERSE EMPLOYMENT ACTION;
14 (b) identify the EMPLOYEE'S specific job perfonnance that played a role in that
15 ADVERSE EMPLOYMENT ACTION;
16 (c) identify any rules, guidelines, policies, or procedures that were used to evaluate the
17 EMPLOYEE'S specific job performance;
18 (d) state the names, ADDRESSES, and telephone numbers of all PERSONS who had
19 responsibility .for evaluating the specific job performance of the EMPLOYEE;
20 (e) state the names, ADDRESSES, and telephone numbers of all PERSONS who have
21 knowledge of the EMPLOYEE'S specific job performance that played a role in that ADVERSE
22 EMPLOYMENT ACTION; and
23 (f) describe all warnings given with respect to the EMPLOYEE'S specific job
24 performance.
25 RESPONSE TO INTERROGATORY NO. 201.4:
26 Not applicable.
27
28
7
Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393)
1 INTERROGATORY NO. 201.5:
2 Was any PERSON hired to replace the EMPLOYEE after the EMPLOYEE'S
3 TERMINATION or demotion? If so, state the PERSON'S name, job title, qualifications,
4 ADDRESS and. telephone number, and the date the PERSON was hired,
5 RESPONSE TO INTERROGATORY NO. 201.5:
6 Not applicable.
7 INTERROGATORY NO. 201.6:
8 , Has any PERSON performed any ofthe EMPLOYEE'S former job duties after the
9 EMPLOYEE'S TERMINATION or demotion? If so:
10 (a) state the PERSON'S name, job title, ADDRESS, and telephone number;
11 (b) identify the duties; and
12 (c) state the date on which the PERSON started to perform the duties.
13 RESPONSE TO INTERROGATORY NO. 201.6:
14 Not applicable.
15 INTERROGATORY NO. 201.7:
16 If the ADVERSE EMPLOYMENT ACTION involved the failure or refusal to select the
17 EMPLOYEE (for example, for hire, promotion, transfer, or training), was any other PERSON
18 selected instead? If so, for each ADVERSE EMPLOYMENT ACTION, state the name,
19 ADDRESS, and telephone number of each PERSON selected; the date the PERSON was
20 selected; and the reason the PERSON was selected instead ofthe EMPLOYEE.
21 RESPONSE TO INTERROGATORY NO. 201.7:
22 Not applicable.
23 INTERROGATORY NO. 204.3:
24 Were there any communications between the EMPLOYEE (or the EMPLOYEE'S
25 HEALTH CARE PROVIDER) and the EMPLOYER about the type or extent of any disability
26 of EMPLOYEE? If so:
27 (a) state the name, ADDRESS, and telephone number of each person who made or received
28 the communications;
8
Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393)
1 (b) state the name, ADDRESS, and telephone number of each PERSON who witnessed the
2 communications;
3 (c) describe the date and substance of the communications; and
4 (d) identify each DOCUMENT that refers to the communications.
5 RESPONSE TO INTERROGATORY NO. 204.3:
6 Yes.
7 (a) Responding to this subpart would require Defendant to compile or summarize
8 information contained in the personnel, workers' compensation, reasonable accommodation, and
9 related documents Defendant will produce in response to Plaintiffs First Request for Production
10 of Documents. (See Civ. Pro. Code § 2030.230.)
11 (b) Responding to this subpart would require Defendant to compile or summarize
12 information contained in the personnel, workers' compensation, reasonable accommodation, and
13 related documents Defendant will produce in response to Plaintiffs First Request for Production
14 of Documents. (See Civ. Pro. Code §2030.230.)
15 (c) Responding to this subpart would require Defendant to compile or summarize
16 information contained in the personnel, workers' compensation, reasonable accommodation, and
17 related documents Defendant will produce in response to Plaintiffs First Request for Production
18 of Documents. (See Civ. Pro. Code § 2030.230.)
19 (d) Responding to this subpart would require Defendant to compile or summarize
20 information contained in the persormel, workers' compensation, reasonable accommodation, and
21 related documents Defendant will produce in response to Plaintiffs First Request for Production
22 of Documents. (See Civ. Pro. Code § 2030.230.)
23 INTERROGATORY NO. 204.4:
24 Did the EMPLOYER have any infomiation about the type, existence, or extent of any
25 disability of EMPLOYEE other than from communications with the EMPLOYEE or the
26 EMPLOYEE'S HEALTH CARE PROVIDER? If so, state the sources and substance of that
27 infomiation and the name, ADDRESS, and telephone number of each PERSON who provided or
28 received the information.
9
Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393)
1 RESPONSE TO INTERROGATORY NO. 204.4:
2 Af present. Defendant is not aware of any such information, but reserves its right to
3 supplement this response after conducting or attending witness interviews and depositions, further
4 review of documents, and other investigation and discovery.
5 INTERROGATORY NO. 204.6:
6 Were there any communications between the EMPLOYEE (or the EMPLOYEE'S
7 HEALTH CARE PROVIDER) and the EMPLOYER about any possible accommodation of
8 EMPLOYEE? If so, for each communication:
9 (a) state the name, ADDRESS, and telephone number of each PERSON who made or
10 received the communication;
11 (b) state the name, ADDRESS, and telephone number of each PERSON who witnessed the
12 communication;
13 (c) describe the date and substance of the communication; and
14 (d) identify each DOCUMENT that refers to the communication.
15 RESPONSE TO INTERROGATORY NO. 204.6:
16 Yes.
17 (a) Responding to this subpart would require Defendant to compile or summarize
18 information contained in the personnel, workers' compensation, reasonable accommodation, and
19 related documents Defendant will produce in response to Plaintiffs First Request for Production
20 of Documents. (See Civ. Pro. Code § 2030.230.)
21 . (b) Responding to this subpart would require Defendant to compile or summarize
22 information contained in the personnel, workers' compensation, reasonable accommodation, and
23 related documents Defendant will produce in response to Plaintiffs First Request for Production
24 of Documents. (See Civ. Pro. Code § 2030.230.)
25 (c) Responding to this subpart would require Defendant to compile or summarize
26 information contained in the personnel, workers' compensation, reasonable accommodation, and
27 related documents Defendant will produce in response to Plaintiffs First Request for Production
28 of Documents. (See Civ. Pro. Code § 2030.230.)
10
Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393)
1 (d) Responding to this subpart would require Defendant to compile or summarize
2 information contained in the personnel, workers' compensation, reasonable accommodation, and
3 related documents Defendant will produce in response to Plaintiffs First Request for Production
4 of Documents. (See Civ. Pro. Code § 2030.230.)
5 INTERROGATORY NO. 204.7:
6 What did the EMPLOYER consider doing to accommodate the EMPLOYEE? For each
7 accommodation considered:
8 (a) describe the accommodation considered;
9 (b) state whether the accommodation was offered to the EMPLOYEE;
10 (c) state the EMPLOYEE'S response; or
11 (d) if the accommodation was not offered, state all the reasons why this decision was made;
12 (e) state the name, ADDRESS, and telephone number of each PERSON who on behalf of
13 EMPLOYER made any decision about what accommodations, if any, to make for the
14 EMPLOYEE; and
15 (f) state the name, ADDRESS, and telephone number of each PERSON who on behalf of
16 the EMPLOYER made or received any communications about what accommodations, if any, to
17 make for the EMPLOYEE.
18 RESPONSE TO INTERROGATORY NO. 204.7:
19 Objection. This interrogatory is vague as to time. Defendant reserves its right to
20 supplement this response pending future investigation and discovery. Without waiving:
21 (a) CHP considered offering plaintiff the following accommodations: (1) the weight-
22 bearing vest he and his medical treaters proposed; (2) modified duty; (3) an internal suspender
23 system ("The Back Defender"); (3) a sit-stand desk; and (4) one or more leaves of absences, with
24 the option of using paid time off during those leaves.
25 (b) CHP offered all of the above-described accommodations to plaintiff except the weight-
26 bearing vest.
27 (c) Plaintiff accepted the offers of modified duty, a sit-stand desk, and leaves of absence
28 during which plaintiff utilized paid time off
11
Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393)
1 (d) CHP declined to offer the weight-bearing vest that plaintiff and his medical treaters
2 requested due to operational, safety and appearance factors and concerns unique to the day-to-day
3 duties of patrol officers, and because the vest did not conform to CHP's unifomi policy. CHP's
4 Uniform Committee considered, in June 2014, a proposal for an altemate work uniform with
5 suspension system, which included a "vest carrier" that was to be worn outside the unifomi shirt.
6 The Uniform Committee had concerns about the exterior vest carrier posing officer safety issues,
7 unique to patrol officers and their day-to-day duties, because the proposed vest earner could be
8 easily grabbed by a suspect, for example, and about the appearance of the system because the vest
9 carrier did not tuck into the uniform pants. No motion to approve the proposed altemate uniform
10 / suspension system was made so the item was not approved.
11 (e) Objection. This subpart is vague and ambiguous in the context of this litigation, i.e.,
12 CHP's processes for considering proposals for modifications of its uniform policy. In this case,
13 for example, no motion to approve the above-described alternate unifomi and system was made
14 before the Uniform Committee in its June 2014 meeting. Furthermore, responding to this subpart
15 would require Defendant to compile or summarize information contained in Uniform Committee
16 meeting minutes, including the minutes of the June 2014 meeting, copies of which will be
17 produced in response to Plaintiffs First Request for Production of Documents. (See Civ. Pro.
18 Code § 2030.230.)
19 (f) Responding to this subpart would require Defendant to compile or summarize
20 information contained in the personnel, workers' compensation, reasonable accommodation, and
21 related documents Defendant will produce in response to Plaintiffs First Request for Production
22 of Documents. (See Civ. Pro. Code § 2030.230.)
23 INTERROGATORY NO. 206.2:
24 State the name and ADDRESS of each agent or employee of the EMPLOYER who
25 responded to any inquiries regarding the EMPLOYEE after the lEMPLOYEE'S
26 TERMINATION.
27 RESPONSE TO INTERROGATORY NO. 206.2:
28 I Not applicable.
12
Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393)
1 INTERROGATORY NO. 206.3:
2 State the name and ADDRESS of the recipient and the substance of each post-
3 TERMINATION statement PUBLISHED about EMPLOYEE by any agent or employee of
4 EMPLOYER.
5 RESPONSE TO INTERROGATORY NO. 206.3:
6 Not applicable.
7 INTERROGATORY NO. 207.1:
8 Were there any internal written policies or regulations of the EMPLOYER that apply to
9 the making of a complaint of the type that is the subject matter of this lawsuit? If so:
10 (a) state the title and date of each DOCUMENT containing the policies or regulations and
11 a general description of the DOCUMENT'S contents;
12 (b) state the manner in which the DOCUMENT was communicated to EMPLOYEES;
13 (c) state the manner, if any, in which EMPLOYEES acknowledged receipt of the
14 DOCUMENT or knowledge of its contents, or both;
15 (d) state, if you contend that the EMPLOYEE failed to use any available internal
16 complaint procedures, all facts that support that contention; and
17 (e) state, if you contend that the EMPLOYEE'S failure to use internal complaint
18 procedures was excused, all facts why the EMPLOYEE'S use of the procedures was excused.
19 RESPONSE TO INTERROGATORY NO. 207.1:
20 Yes.
21 (a) Objection. Responding to this subpart would require Defendant to compile or
22 summarize information set forth in CHP manuals and personnel policies that are available to all
23 CHP employees. (See Civ. Pro. Code § 2030.230.)
24 (b) All employees receive instruction throughout their employment with CHP concerning
25 how to access CHP policies concerning discrimination and harassment, the prevention of those,
26 and how to file a complaint alleging those.
27
28
13
Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393)
1 (c) CHP employees do not acknowledge receipt of each document or policy governing
2 discrimination or harassment but sometimes submit certificates of completion of
3 harassment/discrimination prevention training.
4 (d) CHP does not presently contend this, but reserves its right to do so pending ftarther
5 investigation and discovery..
6 (e) Not applicable.
7 INTERROGATORY NO. 207.2:
8 Did the EMPLOYEE complain to the EMPLOYER about any of the unlawful conduct
9 alleged in the PLEADINGS? If so, for each complaint:
10 (a) state the date of the complaint;
11 (b) state the nature ofthe complaint;
12 . (c) state the name and ADDRESS of each PERSON to whom the complaint was made;
13 (d) state the name, ADDRESS, telephone number, and job title of each PERSON who
14 investigated the complaint;
15 (e) state the name, ADDRESS, telephone number, and job title of each PERSON who
16 participated in making decisions about how to conduct the investigation;
17 (f) state the name, ADDRESS, telephone number, and job title of each PERSON who was
18 interviewed or who provided an oral or wi itten statement as part of the investigation of the
19 complaint;
20 (g) state the nature and date of any action taken in response to the complaint;
21 (h) state whether the EMPLOYEE who made the complaint was made aware of the actipns
22 taken by the EMPLOYER in response to the complaint, and, if so, state how and when;
23 (i) identify all DOCUMENTS relating to>the complaint, the investigation, and any action
24 taken in response to the complaint; and
25 (j) state the name, ADDRESS, and telephone nuniber of each PERSON who has
26 knowledge ofthe EMPLOYEE'S complaint or the EMPLOYER'S response to the complaint.
27
28
14
Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393)
1 RESPONSE TO INTERROGATORY NO. 207.2:
2 Objection. Vague and ambiguous concerning whether the charge Plaintiff filed with the
3 Califomia Department of Fair Employment and Housing (DFEH) on July 2, 2019, and the
4 complaint Plaintiff filed on September 23, 2019 to initiate this lawsuit, constitute complaints of
5 the type contemplated by this interrogatory. Aside from that DFEH charge and that civil
6 complaint, and without waiving these objections: CHP is unaware at present of any intemal
7 complaint of disability discrimination by Plaintiff to CHP but reserves its right to amend this
8 response pending further investigation and discoveiy.
9 .(a) - G) Not applicable.
10 INTERROGATORY NO. 208.1:
11 Did the EMPLOYEE file a claim, complaint, or charge with any goveriiniental agency that
12 involved any of the material allegations made in the PLEADINGS? If so, for each claim,
13 complaint, or charge:
14 (a) state, the date on which it was filed;
15 (b) state the name and ADDRESS of the agency with which it was filed;
16 (c) state the number assigned to the claim, complaint, or charge by the agency;
17 (d) state the nature of each claim, complaint, or charge made;
18 (e) state the date on which the EMPLOYER was notified of the claim, complaint, or
19 charge;
20 . (f) state the name, ADDRESS, and telephone number of all PERSONS within the
21 govermiiental agency with whom the EMPLOYER has had any contact or communication
22 regarding the claim, complaint, or charge;
23 (g) state whether a right to sue notice was issued and, if so, when; and
24 (ll) state whether anyfindingsor conclusions regarding the complaint or charge have been
25 made, and, if so, the date and description ofthe agency'sfindingsor conclusions.
26 RESPONSE TO INTERROGATORY NO. 208.1:
27 Yes. Plaintiff filed a charge with the California Department of Fair Employment and
28 Housing(DFEH)on July2, 2019
15
Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393)
1 (a)-(d) Objection. This information is equally available to Plaintiff and his counsel in
2 that they prepared and filed the DFEH charge.
3 (e) CHP received notice of the DFEH charge shortly after Plaintifffiledit.
4 (f) Defense counsel is informed and believes no CHP employees communicated with
5 DFEH conceming this charge because Plaintiff and his counsel immediately requested a "right-
6 to-sue" notice.
7 (g) Yes, on July 2, 2019.
8 (h) Not to Defendant's knowledge.
9 INTERROGATORY NO. 208.2:
10 Did the EMPLOYER respond to any claim, complaint, or charge identified in
11 Inten'Ogatory 208.1? If so, for each claim, complaint, or charge:
12 . (a) state the nature and date of any investigation done or any other action taken by the
13 EMPLOYER in response to the claim, complaint, or charge:
14 (b) state the name, ADDRESS, telephone nuniber, arid job title of each person who
15 investigated the claim, complaint, or charge;
16. (c) state the name, ADDRESS, telephone nuniber, and job title of each PERSON who
17 participated in making decisions about how to conduct the investigation; and
18 (d) state the name, ADDRESS, telephone number, and job title of each PERSON who vvas
19 interviewed or who provided an oral or uritten statement as part of the investigation.
20 RESPONSE TO INTERROGATORY NO. 208.2:
21 No.
22 INTERROGATORY NO. 209.2:
23 Except for this action, in the past 10 years has any employee filed a civil action against the
24 EMPLOYER regarding his or her employment? If so, for each civil action:
25 (a) state the name, ADDRESS, and telephone number of each employee who filed the
26 action;
27 (b) state the court, names of the parties, and case number of the civil action;
28
16
Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393)
1 (c) state the name, ADDRESS, and telephone number of any attomey representing the
2 EMPLOYER; and
3 (d) state whether the action has been resolved or is pending.
4 RESPONSE TO INTERROGATORY NO. 209.2:
5 . Objection. This interrogatory seeks information that is outside the scope of discovery in
6 that it seeks information that is neither admissible nor reasonably calculated to lead to the
7 discovery of admissible evidence. (Pinter-Brown v. Regents of Univ. of California, No. B290086,
8 2020 WL 1950808, at '^27 (Cal. Ct. App. Apr. 23, 2020). It is also overly broad as to time and
9 scope and therefore unduly burdensome. The information requested is also equally available to
10 both parties.
11 INTERROGATORY NO. 214.1:
12 At the time of the ADVERSE EMPLOYMENT ACTION, was there in effect any policy
13 of insurance through which you were or might be insured in any manner for the damages, claims,
14 or actions that have arisen out of the ADVERSE EMPLOYMENT ACTION? If so, for each,
15 policy state:
16 (a) the kind of coverage;
17 (b) the narne and ADDRESS of the insurance company;
18 (c) the name, ADDRESS, and telephone nuniber of each named insured;
19 (d) the policy number;
20 (e) the limits of coverage for each type of coverage contained in the policy;
21 (f) whether any reservation of rights or controversy or coverage dispute exists between you
22 and the insurance company; and
23 (g) the name, ADDRESS, and telephone number of the custodian of the policy.
24 RESPONSE TO INTERROGATORY NO. 214.1:
25 Objection. Vague and ambiguous. Defendant did not take "adverse employment action"
26 against Plaintiff Without waiving: No.
27 .
28
17
Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393)
1 INTERROGATORY NO. 214.2:
2 Are you self-insured under any statute for the damages, claims, or actions that have arisen
3 outoftheADViERSE EMPLOYMENT ACTION? If so, specify the statute.
4 RESPONSE TO INTERROGATORY NO. 214.2:
5 Objection. Vague and ambiguous: Defendant did not take "adverse employment action"
6 against Plaintiff. Without waiving, CHP, as a state agency, is liable only as provided by law. It is
7 insured for workers' compensation purposes by State Compensation Insurance Fund.
8 INTERROGATORY NO. 215.1:
9 Have YOU OR ANYONE ACTING ON YOUR BEHALF interviewed any individual
10 concerning the ADVERSE EMPLOYMENT ACTION? If so, for each individual state:
11 (a) the name, ADDRESS, and telephone number of the individual interviewed; .
12 (b) the date of the interview; and
13 (c) the name, ADDRESS, and telephone nuniber of the PERSON who conducted the
14 interview.
15 RESPONSE TO INTERROGATORY NO. 215.1:
16 Objection. Vague and ambiguous: Defendant did not take "adverse employment action"
17 against Plaintiff. Attorney work product doctrine. Attorney-client privilege.
18 INTERROGATORY NO. 215.2:
19 Have YOU OR ANYONE ACTING ON YOUR BEHALF obtained a wi-itten or recorded
20 statement from any individual conceming the ADVERSE EMPLOYMENT ACTION? If so,
21 for each statement state:
22 (a) the name, ADDRESS, and telephone nuniber of the individual from whom the
23 statement was obtained;
24 (b) the name, ADDRESS, and telephone number of the individual who obtained the
25 statement;
26 (c) the date the statement was obtained; and
27 (d) the name, ADDRESS, and telephone number of each PERSON who has the original
28 statement or a copy.
18
Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393)
1 RESPONSE TO INTERROGATORY NO. 215.2:
2 Objection. Vague and Ambiguous. Defendant did not take "adverse employment action"
3 against Plaintiff Without waiving: No.
4 INTERROGATORY NO. 216.1:
5 Identify each denial of a material allegation and each special or affirmative defense in your
6 PLEADINGS and for each:
7 (a) state all facts upon which you base the denial or special or affirmative defense;
8 . (b) state the names, ADDRESSES, and telephone numbers of all PERSONS who have '
9 knowledge of those facts; and
10 (c) identify all DOCUMENTS and all other tangible things, that support your denial or
11 special or affirmative defense, and state the name, ADDRESS, and telephone number of the
12 PERSON who has each DOCUMENT.
13 RESPONSE TO INTERROGATORY NO. 216.1:
14 Objection. Vague. Ambiguous. This interrogatory seeks to require CHP and its counsel to
15 categorize facts under its general denial of every material fact in Plaintiffs civil complaint or
16 under the affirmative defenses CHP asserted as a precautionary matter at the outset of this
17 litigation and in anticipation of future investigation and discovery. This interrogatory therefore
18 seeks information protected by the attorney work product doctrine. Defendant reserves its right to
19 supplement this response pending future investigation and discovery.
20 Without waiving these objections: CHP considered offering plaintiff the following
21 accommodations: (1) the weight-bearing vest he and his medical treaters proposed; (2) modified
22 duty; (3) an.intemal suspender system ("The Back Defender"); (3) a sit-stand desk; and (4) one or
23 more leaves of absences, with the option of using paid time off during those leaves. CHP offered
24 all of the above-described accommodations to plaintiff except the weight-bearing vest. Plaintiff
25 accepted the offers of modified duty, a sit-stand desk, and leaves of absence during which
26 plaintiff utilized paid time off CHP declined to offer the weight-bearing vest that plaintiff and
27 his rnedical treaters requested due to operational, safety and appearance factors and concerns that
28 were unique to the day-to-day duties of patrol officers, and because the weight-bearing vest did
19
Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393)
1 not conform to CHP's uniform policy. CHP's Uniform Committee considered, in June 2014, a
2 proposal for an alternate work uniforrh with suspension system, which included a "vest carrier"
3 that was to be worn outside the uniform shirt. The Uniform Committee had concerns about the
4 exterior vest carrier posing officer safety issues because it could be easily grabbed, and about the
5 appeai'ance ofthe system because the vest carrier did not tuck into the uniform pants. No motion
6 to approve the proposed altemate uniform / suspension system vvas made so the item was not
7 approved. CHP worked in good faith to accommodate Plaintiffs physical impairments and to
8 engage in the interactive process concerning reasonable accommodation.
9 Plaintiff admitted to his supervisors he could not perform essential functions of the patrol
10 officer position. Plaintiff never, to CHP's knowledge, tried out the internal suspender system.
11 Contrary to the allegation in Paragraph 16 of the complaint. Sergeant Mueller did not "pressure"
12 Plaintiff to be honest with his doctors, did not say he was "fast-tracking" Plaintiff to retirement,
13 and did not pressure Plaintiff to retire. Sgt. Mueller picked Plaintiff up and drove him to a
14 doctor's appointment. Plaintiff, at the doctor's appointment, stated he wanted to go back to work
15 as a patrol officer. Prior to telling his doctor that. Plaintiff had admitted to Sgt. Mueller he was
16 unable to place a suspect in a "felony prone" position and had made other statements to Sgt.
17 Mueller to the effect that Plaintiff could not perform physical tasks that patrol officers are
18 expected to perform. Sgt. Mueller therefore encouraged Plaintiff to inform his doctors about
19 these facts because if he did not, his doctors would recommend that Plaintiff return to full duty as
20 a patrol officer. Furthermore, it is CHP's understanding Plaintiff voluntarily chose to apply for
21 disability retirement after it became appai'ent to him and his doctors that he was unable to perform
22 essential physical functions ofthe patrol officer position, CalPERS agreed that plaintiff was
23 unable to perform job functions that were essential to that position, and CalPERS therefore
24 granted Plaintiffs application for disability retirement.
25
26
27
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Defendant's Response to Fonn Interrogatories - Employment, Set One (34-2019-00265393)
1 Dated: May ^ 2 0 2 0 Respectfully Submilled,
2 XAVIER BECERRA
Attorney General of California
3 KRISTIN M . DAILY
Supervising Deputy Attomey General
4
5
6 JAMES F. CURRAN
Deputy Attomey General
7 Atlorneys for Defendant
California Higlm-ay Patrol
8
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Defendant's Response to Fonn Intenogalorics - Employmenl. Set One (34-2019-0026539-3)
1
SA201910623S
2 14314263.docx
3 VERIFICATION
4 1, Madelyn Cisneros, am employed as an Associate Govenimental Program Analysis for the
5 Califomia Highway Patrol (CHP) and am Acting Manager ofthe Office of Legal Affairs. As
6 such, 1 am authorized to execute this verification on behalf of the California Higliway Patrol. I
7 blow the contents ofthe foregoing DEFENDANT CALIFORNIA HIGHWAY PATROL'S
8 RESPONSES TO PLAINTIFF'S EMPLOYMENT LAW FORM INTERROGATORIES,
9 SET ONE. The responses were based on infomiationfi-omvaiious sources and are within
10 knowledge ofthe Califomia Highway Patrol.
11 Unless specifically indicated in a particular response, I have iio personal knowledge of the
12 responses, but on information and belief I believe them to be true.
13 I am infomied and believe that the matters stated herein are true and on that gi^ound certify
14 or declare under penally of perjury under the laws ofthe State of Califomia that same are true and
.15 con'ect
15 Executed on the 25th day of June, 2020, at Sacramento, Califomia,
18 Madelyn Cisneros, Acting Manager
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Defendant's Response to Form Inteirogatories - Employment, Set One (34-2019-00265393)
DECLARATION OF SERVICE BY E-MAIL and U.S. Mail
Case Name: David Ridge v. CHP
No.: 34-2019-00265393
I declare:
I am employed in the Office of the Altorney General, which is the office of a member of the
California State Bar, at which member's direction this service is made. I am 18 years of age or
older and not a party to this matter. I am familiar with the business practice al the Office of the
Attorney General for collection and processing of comespondence for mailing with the United
Stales Postal Service. In accordance with that practice, correspondence placed in the internal
mail collection system.at the Office of the Attorney General is deposited with the United
Preview
FlLED/Ef^CORSED 1 JOHN P. BRISCOE (SBN: 273690) ibriscoe@inavallaw.com FEB 162023 2 MAY ALL HURLEY P.C. 2453 Grand Canal Boulevard 3 Stockton, California 95207-8253 By:. E. Medina Deputy Cli rk 4 Telephone: (209) 477-3833 Facsimile: (209) 473-4818 5 Attorneys for Plaintiff David Ridge 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 8 IN AND FOR THE COUNTY OF SACRAMENTO 9 DAVID RIDGE, an individual, Case No.: 34-2019-00265393 10 Plaintiff, PLAINTIFF'S EVIDENCE IN OPPOSITION TO DEFENDANT'S 11 vs. MOTION FOR SUMMARY JUDGMENT 12 OR SUMMARY ADJUDICATION THE CALIFORNIA HIGHWAY PATROL; 13 and DOES 1-100, inclusive. Date: March 2, 2023 Time: 1:30 p.m. 14 Defendants. Dept: S3 Judge: Hon. Richard K. Sueyoshi 15 Res. No.: 2632731 16 17 Plaintiff David Ridge submits the following evidence in support of his opposition to 18 Defendant's Motion for Summary Judgment or Summary Adjudication 19 Exhib i t l Defendant's Responses to Form Interrogatories - Employment, Set One 20 Exhib It 2 Defendant's Responses to Special Interrogatories, Set One 21 Exhib t3 Defendant's Responses to Special Interrogatories, Set Two 22 Exhib t4 Defendant's Responses to Special Interrogatories, Set Four 23 Exhib ts Defendant's Responses to Requests for Admissions, Set One 24 Exhib t6 Defendant's Responses to Form Interrogatories - General, Set One 25 Exhib t7 Transcript of Deposition of Brynne Marotte (with Exhibits G, H, J, L) 26 Exhib t8 Transcript of Deposition of David Munis (with Exhibits DD, FF) 27 Exhib t9 Transcript of Deposition of Erik Mallory (with Exhibits GG, HH) 28 Plaintifrs Evidence in Opposition to Defendant's Motion for Summary Judgment or Summary Judgment Page 1 of2 I Exhibit 10: Defendant's Responses to Special Interrogatories, Set Three and Documents 2 "Mallory000004-000057" 3 Exhibit 11: Transcript of Deposition of Kristine Nickel! (with Exhibits DD, EE) 4 Exhibit 12: Transcript of Deposition of Matthew Stover (with Exhibits 0-S, V-X) 5 Exhibit 13: Excerpts from transcript of Deposition of David Ridge (Vols. I-III, with Exhibit 5) 6 Exhibit 14: Plaintiffs Responses to Form Interrogatories (Employment Law), Set One 7 Exhibit 15: Declaration of Joseph R. Ambrose, DC, MSN-FNP 8 Exhibit 16: Declaration of David Ridge 9 Exhibit 17: Transcript of Deposition of Beth Bathgate, M.D. (with Exhibits KK, LL, MM) 10 DATED: February 15,2023 MAYALL HURLEY P.C. 11 12 By. JOHN P. BRISCOE 13 Attomeys for Plaintiff DAVID RIDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintifrs Evidence in Opposition to Defendant's Motion for Summary Judgment or Summary Judgment Page 2 of 2 EXHIBIT 1 1 XAVIER BECERRA Attomey General of California 2 KRISTIN M . DAILY Supervising Deputy Attorney General 3 JAMES F. CURRAN • Deputy Attorney General 4 State Bar No. 142041 1300 I Street, Suite 125- 5 P.O. Box 944255 . Sacramento, CA 94244-2550 6 Telephone: (916)210-6113 Fax: (916)324-5567 7 E-mail: James.Curran(§doj.ca.gov Attorneys for Defendant 8 California Highway Patrol 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 12 13 DAVID RIDGE, Case No. 34-2019-00265393 14 Plaintiff, DEFENDANT CALIFORNIA HIGHWAY 15 PATROL'S RESPONSE TO PLAINTIFF'S FORM 16 INTERROGATORIES - EMPLOYMENT, SET ONE 17 THE CALIFORNIA HIGHWAY PATROL; and DOES 1-100, inclusive, 18 Defendants. Action Filed: September 23,2019 . 19 20 21 PROPOUNDING PARTY(IES): DAVID RIDGE Plaintiff 22 RESPONDING PARTY(IES): CALIFORNIA HIGHWAY PATROL 23 Defendant 24 SET NO. ONE 25 26 INTERROGATORY NO. 200.1: 27 Do you contend that the EMPLOYMENT relationship vvas at "at will"? If so: 28 (a) state, all facts upon which you base this contention; 1 Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393) 1 (b) state the name, ADDRESS, and telephone number of each PERSON who has 2 knowledge of those facts; and 3 (c) identify all DOCUMENTS that support your contention. 4 RESPONSE TO INTERROGATORY NO. 200.1: 5 No. 6 INTERROGATORY NO. 200.2: 7 Do you contend that the EMPLOYMENT relationship was not "at will"? If so: 8 (a) state all facts upon which you base this contention; 9 (b) state the name, ADDRESS, and telephone number of each PERSON who has 10 knowledge of those facts; and 11 (c) identify all DOCUMENTS that support your contention. 12 RESPONSE TO INTERROGATORY NO. 200.2: 13 Defendant objects to this form interrogatory on the grounds that the subparts are overbroad, 14 burdensome, and oppressive because the information provided below, namely, that employment 15 was governed by statutes, memoranda of understanding, and policies and procedures applicable to 16 all state employees, is common knowledge and available to the public, plaintiff and his counsel 17 and the documents to support this contention are voluminous. Without waiving these objections, 18 Defendant responds as follows: 19 Yes. 20 (a) Plaintiff was a permanent employee of the state of California. State employment is 21 governed by the Civil Service Act of 1934, which establishes processes and procedures for the 22 hiring, retention, and dismissal of employees. The California Supreme Court affirmed that state 23 employees with permanent status have a constitutional property interest in their jobs, and cannot 24 be deprived of their positions without due process of law. (Shelly v. Slate Personnel Board 25 (1975) 15 Cal.3d 194, 206.) Therefore, Plaintiffs employment was not at will. 26 , (b) Objection. This subpart is overly broad, vague and ambiguous and therefore unduly 27 burdensome in the context of Plaintiff s employment by Defendant because it would be 28 impossible to identify all of the individuals who have knowledge of the above-stated facts. 2 Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393) 1 (c) Objection. This subpart is overly broad, vague and ambiguous and therefore unduly 2 . burdensome in the context of Plaintiff s employment by Defendant because it would be unduly 3 burdensome to identify all documents supporting the contention staled above. Defendant refers 4 Plaintiff to the website of the Califomia Department of Human Resources (CalHR): 5 wv/w.calhr.gov. 6 INTERROGATORY NO. 200.3: 7 Do you contend that the EMPLOYMENT relationship was governed by any agreement- 8 written, oral, or implied? If so; 9 (a) state all facts upon which you base this contention; 10 (b) state the name, ADDRESS, and telephone number of each PERSON who has 11 knowledge of those facts; and 12 . (c) identify all DOCUMENTS that support your contention. 13 RESPONSE TO INTERROGATORY NO. 200.3: 14 Defendant objects to this form inteiTogatory on the grounds that the subparts are 15 overbroad, overly burdensome, and oppressive because the information provided below, namely, 16 that employment vvas governed by statutes, memoranda of understanding, and policies and 17 procedures applicable to all state employees, is common knowledge and available to the public, 18 the documents to support this contention are voluminous, and the information sought is equally 19 available. Subject to and without waiving the foregoing objections. Defendant CDCR responds 20 as follows: 21 Yes. 22 (a) Plaintiffs employment is governed by the terms and conditions of a collective 23 bargaining agreement, memoranda of understanding and other documents, copies of which may 24 be found on CalHR's website. 25 (b) There are any number of people who have knowledge of these documents, including 26 innumerable state analysis and union contract negotiators. 27 (c) Documents responsive to this request can be found on CalHR's website. 28 3 Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393) 1 INTERROGATORY NO. 200.4: 2 Was any part of the parties' EMPLOYMENT relationship governed in whole or in part by 3 any written rules, guidelines, policies, or procedures established by the EMPLOYER? If so, for 4 each DOCUMENT containing the written rules, guidelines, policies, or procedures: 5 (a) state the date and title of the DOCUMENT and a general description of its contents; 6 (b) state the manner in which the DOCUMENT was communicated to employees; and 7 (c) state the manner, if any, in which employees acknowledged either receipt of the 8 DOCUMENT or knowledge of its contents. 9 RESPONSE TO INTERROGATORY NO. 200.4: 10 Defendant objects to this form interrogatory on the grounds that the subparts are overbroad, 11 burdensome, and oppressive because the information provided below, namely, that employment 12 was govemed by statutes, memoranda of understanding, and policies and procedures applicable to 13 all state employees, is common knowledge and available to the public, the documents to support 14 this contention are voluminous, and the information sought is equally available. Subject to and 15 without waiving the foregoing objections. Defendant CDCR responds as follows: 16 (a) Plaintiffs employment is governed by the terms and conditions of a collective 17 bargaining agreement, memoranda of understanding and other documents, copies of which may 18 be found on CalHR's website. In addition. Defendant has numerous policy documents which 19 govern employment with its employees. Identifying each would be overly burdensome. 20 Defendant invites Plaintiffs counsel lo meet and confer about identification and production of 21 copies, or links to, specific policies. 22 (b) Defendant provides its employees with copies of the relevant policies. 23 INTERROGATORY NO. 200.5: 24 Was any part of the parties' EMPLOYMENT relationship covered by one or more 25 collective bargaining agreements or memorandums of understanding betvveen the EMPLOYER 26 (or an association of employers) and any labor union or employee association? If so, for each . 27 collective bargaining agreement or memorandum of understanding, stale: 28 4 Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393) 1 (a) the names and ADDRESSES of the parlies lo the collective bargaining agreement or 2 memorandum of understanding; 3 . (b) the beginning and ending dales, if applicable, of the collective bargaining agreement or 4 memorandum of understanding; and 5 (c) which parts of the collective bargaining agreement or memorandum of understanding, if 6 any, govern (i) any dispute or claim refeiTcd to in the PLEADINGS and (2) the rules or procedures 7 for resolving any dispute or claim referred to in the PLEADINGS. 8 RESPONSE TO INTERROGATORY NO. 200.5: 9 Defendant objects to this form interrogatory on the grounds that the subparts are overly 10 broad and unduly burdensome because the infomiation requested is common knowledge and 11 available to the public and the documents to support this contention are voluminous. Without 12 waiving these objections. Defendant responds as follows: Yes. 13 (a) The State of Califomia and State Bargaining Unit 5. 14 (b) CalHR's website states the current CBA is effective from July 1, 2019 to June 30, 15 2023. See https://www.calhr.ca.gov/labor-relations/Pages/Unit-05-Highway-Patrol.aspx 16 (c) Defendant respectfully responds by pointing out Plaintiff and his legal counsel can 17 determine which provisions apply to his complaint in this action. 18 INTERROGATORY NO. 200.6: 19 Do you contend that the EMPLOYEE and the EMPLOYER were in a business 20 relationship other than an EMPLOYMENT relationship? If so, for each relationship: 21 (a) state the names ofthe parties to the relationship; 22 (b) identify the relationship; and 23 (c) state all facts upon which you base your contention that the parties were in a relationship 24 other than an EMPLOYMENT relationship. 25 RESPONSE TO INTERROGATORY NO. 200.6: 26 No. 27 INTERROGATORY NO. 201.1: 28 Was the EMPLOYEE involved in a TERMINATION? If so: 5 Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393) 1 (a) state all reasons for the EMPLOYEE'S TERMINATION; 2 (b) state the name, ADDRESS, and telephone number of each PERSON who participated 3 in the TERMINATION decision; 4 (c) state the name, ADDRESS, and telephone number of each PERSON who provided any 5 information relied upon in the TERMINATION decision; and 6 (d) identify all DOCUMENTS relied upon in the TERMINATION decision. 7 RESPONSE TO INTERROGATORY NO. 201.1: 8 No. Plaintiffs separation from employment by CHP was by disability retirement. 9 INTERROGATORY NO. 201.2: 10 Are there any facts that would support the EMPLOYEE'S TERMINATION that were 11 first discovered after the TERMINATION? If so: 12 (a) state the specific facts; 13 (b) state when and how EMPLOYER first learned of each specific fact; 14 . (c)statethename, ADDRESS, and telephone number of each PERSON who has 15 knowledge of the specific facts; and 16 (d) identify all DOCUMENTS that evidence these specific facts. 17 RESPONSE TO INTERROGATORY NO. 201.2: 18 Objection. Vague and ambiguous. CHP did not subject Plaintiff to a "TERMINATION" as 19 defined by these form interrogatories. Without waiving: CHP is not aware, at present, of any 20 "after-acquired evidence," but reserves its right to present such evidence pending ftirther 21 investigation and discovery. 22 INTERROGATORY NO. 201.3: 23 Were there any other ADVERSE EMPLOYMENT ACTIONS, including (ihe asking . 24 party should list the AD VERSE EMPLOYMENT A CTIONS): TERMINATION, suspension, 25 demotion, reprimand, loss of pay, failure or refusal to hire, failure or reftisal to promote, other 26 action or failure to act that adversely affected the EMPLOYEE'S rights or interests. If so, for each 27 action, provide the following: 28 (a) all reasons for each ADVERSE EMPLOYMENT ACTION; 6 Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393) 1 (b) the name, ADDRESS, and telephone number of each PERSON who participated in 2 making each ADVERSE EMPLOYMENT ACTION decision; 3 (c) the name, ADDRESS, and telephone number of each PERSON who provided any 4 information relied upon in making each ADVERSE EMPLOYMENT ACTION decision; and 5 (d) the identity of all DOCUMENTS relied upon in making each ADVERSE 6 EMPLOYMENT ACTION decision. 7 RESPONSE TO INTERROGATORY NO. 201.3: 8 No. 9 INTERROGATORY NO. 201.4: 10 Was the TERMINATION or any other ADVERSE EMPLOYMENT ACTIONS referred 11 to in Interrogatories 201.1 through 201.3 based in whole or in part on the EMPLOYEE'S job 12 performance? If so, for each action: 13 (a) identify the ADVERSE EMPLOYMENT ACTION; 14 (b) identify the EMPLOYEE'S specific job perfonnance that played a role in that 15 ADVERSE EMPLOYMENT ACTION; 16 (c) identify any rules, guidelines, policies, or procedures that were used to evaluate the 17 EMPLOYEE'S specific job performance; 18 (d) state the names, ADDRESSES, and telephone numbers of all PERSONS who had 19 responsibility .for evaluating the specific job performance of the EMPLOYEE; 20 (e) state the names, ADDRESSES, and telephone numbers of all PERSONS who have 21 knowledge of the EMPLOYEE'S specific job performance that played a role in that ADVERSE 22 EMPLOYMENT ACTION; and 23 (f) describe all warnings given with respect to the EMPLOYEE'S specific job 24 performance. 25 RESPONSE TO INTERROGATORY NO. 201.4: 26 Not applicable. 27 28 7 Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393) 1 INTERROGATORY NO. 201.5: 2 Was any PERSON hired to replace the EMPLOYEE after the EMPLOYEE'S 3 TERMINATION or demotion? If so, state the PERSON'S name, job title, qualifications, 4 ADDRESS and. telephone number, and the date the PERSON was hired, 5 RESPONSE TO INTERROGATORY NO. 201.5: 6 Not applicable. 7 INTERROGATORY NO. 201.6: 8 , Has any PERSON performed any ofthe EMPLOYEE'S former job duties after the 9 EMPLOYEE'S TERMINATION or demotion? If so: 10 (a) state the PERSON'S name, job title, ADDRESS, and telephone number; 11 (b) identify the duties; and 12 (c) state the date on which the PERSON started to perform the duties. 13 RESPONSE TO INTERROGATORY NO. 201.6: 14 Not applicable. 15 INTERROGATORY NO. 201.7: 16 If the ADVERSE EMPLOYMENT ACTION involved the failure or refusal to select the 17 EMPLOYEE (for example, for hire, promotion, transfer, or training), was any other PERSON 18 selected instead? If so, for each ADVERSE EMPLOYMENT ACTION, state the name, 19 ADDRESS, and telephone number of each PERSON selected; the date the PERSON was 20 selected; and the reason the PERSON was selected instead ofthe EMPLOYEE. 21 RESPONSE TO INTERROGATORY NO. 201.7: 22 Not applicable. 23 INTERROGATORY NO. 204.3: 24 Were there any communications between the EMPLOYEE (or the EMPLOYEE'S 25 HEALTH CARE PROVIDER) and the EMPLOYER about the type or extent of any disability 26 of EMPLOYEE? If so: 27 (a) state the name, ADDRESS, and telephone number of each person who made or received 28 the communications; 8 Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393) 1 (b) state the name, ADDRESS, and telephone number of each PERSON who witnessed the 2 communications; 3 (c) describe the date and substance of the communications; and 4 (d) identify each DOCUMENT that refers to the communications. 5 RESPONSE TO INTERROGATORY NO. 204.3: 6 Yes. 7 (a) Responding to this subpart would require Defendant to compile or summarize 8 information contained in the personnel, workers' compensation, reasonable accommodation, and 9 related documents Defendant will produce in response to Plaintiffs First Request for Production 10 of Documents. (See Civ. Pro. Code § 2030.230.) 11 (b) Responding to this subpart would require Defendant to compile or summarize 12 information contained in the personnel, workers' compensation, reasonable accommodation, and 13 related documents Defendant will produce in response to Plaintiffs First Request for Production 14 of Documents. (See Civ. Pro. Code §2030.230.) 15 (c) Responding to this subpart would require Defendant to compile or summarize 16 information contained in the personnel, workers' compensation, reasonable accommodation, and 17 related documents Defendant will produce in response to Plaintiffs First Request for Production 18 of Documents. (See Civ. Pro. Code § 2030.230.) 19 (d) Responding to this subpart would require Defendant to compile or summarize 20 information contained in the persormel, workers' compensation, reasonable accommodation, and 21 related documents Defendant will produce in response to Plaintiffs First Request for Production 22 of Documents. (See Civ. Pro. Code § 2030.230.) 23 INTERROGATORY NO. 204.4: 24 Did the EMPLOYER have any infomiation about the type, existence, or extent of any 25 disability of EMPLOYEE other than from communications with the EMPLOYEE or the 26 EMPLOYEE'S HEALTH CARE PROVIDER? If so, state the sources and substance of that 27 infomiation and the name, ADDRESS, and telephone number of each PERSON who provided or 28 received the information. 9 Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393) 1 RESPONSE TO INTERROGATORY NO. 204.4: 2 Af present. Defendant is not aware of any such information, but reserves its right to 3 supplement this response after conducting or attending witness interviews and depositions, further 4 review of documents, and other investigation and discovery. 5 INTERROGATORY NO. 204.6: 6 Were there any communications between the EMPLOYEE (or the EMPLOYEE'S 7 HEALTH CARE PROVIDER) and the EMPLOYER about any possible accommodation of 8 EMPLOYEE? If so, for each communication: 9 (a) state the name, ADDRESS, and telephone number of each PERSON who made or 10 received the communication; 11 (b) state the name, ADDRESS, and telephone number of each PERSON who witnessed the 12 communication; 13 (c) describe the date and substance of the communication; and 14 (d) identify each DOCUMENT that refers to the communication. 15 RESPONSE TO INTERROGATORY NO. 204.6: 16 Yes. 17 (a) Responding to this subpart would require Defendant to compile or summarize 18 information contained in the personnel, workers' compensation, reasonable accommodation, and 19 related documents Defendant will produce in response to Plaintiffs First Request for Production 20 of Documents. (See Civ. Pro. Code § 2030.230.) 21 . (b) Responding to this subpart would require Defendant to compile or summarize 22 information contained in the personnel, workers' compensation, reasonable accommodation, and 23 related documents Defendant will produce in response to Plaintiffs First Request for Production 24 of Documents. (See Civ. Pro. Code § 2030.230.) 25 (c) Responding to this subpart would require Defendant to compile or summarize 26 information contained in the personnel, workers' compensation, reasonable accommodation, and 27 related documents Defendant will produce in response to Plaintiffs First Request for Production 28 of Documents. (See Civ. Pro. Code § 2030.230.) 10 Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393) 1 (d) Responding to this subpart would require Defendant to compile or summarize 2 information contained in the personnel, workers' compensation, reasonable accommodation, and 3 related documents Defendant will produce in response to Plaintiffs First Request for Production 4 of Documents. (See Civ. Pro. Code § 2030.230.) 5 INTERROGATORY NO. 204.7: 6 What did the EMPLOYER consider doing to accommodate the EMPLOYEE? For each 7 accommodation considered: 8 (a) describe the accommodation considered; 9 (b) state whether the accommodation was offered to the EMPLOYEE; 10 (c) state the EMPLOYEE'S response; or 11 (d) if the accommodation was not offered, state all the reasons why this decision was made; 12 (e) state the name, ADDRESS, and telephone number of each PERSON who on behalf of 13 EMPLOYER made any decision about what accommodations, if any, to make for the 14 EMPLOYEE; and 15 (f) state the name, ADDRESS, and telephone number of each PERSON who on behalf of 16 the EMPLOYER made or received any communications about what accommodations, if any, to 17 make for the EMPLOYEE. 18 RESPONSE TO INTERROGATORY NO. 204.7: 19 Objection. This interrogatory is vague as to time. Defendant reserves its right to 20 supplement this response pending future investigation and discovery. Without waiving: 21 (a) CHP considered offering plaintiff the following accommodations: (1) the weight- 22 bearing vest he and his medical treaters proposed; (2) modified duty; (3) an internal suspender 23 system ("The Back Defender"); (3) a sit-stand desk; and (4) one or more leaves of absences, with 24 the option of using paid time off during those leaves. 25 (b) CHP offered all of the above-described accommodations to plaintiff except the weight- 26 bearing vest. 27 (c) Plaintiff accepted the offers of modified duty, a sit-stand desk, and leaves of absence 28 during which plaintiff utilized paid time off 11 Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393) 1 (d) CHP declined to offer the weight-bearing vest that plaintiff and his medical treaters 2 requested due to operational, safety and appearance factors and concerns unique to the day-to-day 3 duties of patrol officers, and because the vest did not conform to CHP's unifomi policy. CHP's 4 Uniform Committee considered, in June 2014, a proposal for an altemate work uniform with 5 suspension system, which included a "vest carrier" that was to be worn outside the unifomi shirt. 6 The Uniform Committee had concerns about the exterior vest carrier posing officer safety issues, 7 unique to patrol officers and their day-to-day duties, because the proposed vest earner could be 8 easily grabbed by a suspect, for example, and about the appearance of the system because the vest 9 carrier did not tuck into the uniform pants. No motion to approve the proposed altemate uniform 10 / suspension system was made so the item was not approved. 11 (e) Objection. This subpart is vague and ambiguous in the context of this litigation, i.e., 12 CHP's processes for considering proposals for modifications of its uniform policy. In this case, 13 for example, no motion to approve the above-described alternate unifomi and system was made 14 before the Uniform Committee in its June 2014 meeting. Furthermore, responding to this subpart 15 would require Defendant to compile or summarize information contained in Uniform Committee 16 meeting minutes, including the minutes of the June 2014 meeting, copies of which will be 17 produced in response to Plaintiffs First Request for Production of Documents. (See Civ. Pro. 18 Code § 2030.230.) 19 (f) Responding to this subpart would require Defendant to compile or summarize 20 information contained in the personnel, workers' compensation, reasonable accommodation, and 21 related documents Defendant will produce in response to Plaintiffs First Request for Production 22 of Documents. (See Civ. Pro. Code § 2030.230.) 23 INTERROGATORY NO. 206.2: 24 State the name and ADDRESS of each agent or employee of the EMPLOYER who 25 responded to any inquiries regarding the EMPLOYEE after the lEMPLOYEE'S 26 TERMINATION. 27 RESPONSE TO INTERROGATORY NO. 206.2: 28 I Not applicable. 12 Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393) 1 INTERROGATORY NO. 206.3: 2 State the name and ADDRESS of the recipient and the substance of each post- 3 TERMINATION statement PUBLISHED about EMPLOYEE by any agent or employee of 4 EMPLOYER. 5 RESPONSE TO INTERROGATORY NO. 206.3: 6 Not applicable. 7 INTERROGATORY NO. 207.1: 8 Were there any internal written policies or regulations of the EMPLOYER that apply to 9 the making of a complaint of the type that is the subject matter of this lawsuit? If so: 10 (a) state the title and date of each DOCUMENT containing the policies or regulations and 11 a general description of the DOCUMENT'S contents; 12 (b) state the manner in which the DOCUMENT was communicated to EMPLOYEES; 13 (c) state the manner, if any, in which EMPLOYEES acknowledged receipt of the 14 DOCUMENT or knowledge of its contents, or both; 15 (d) state, if you contend that the EMPLOYEE failed to use any available internal 16 complaint procedures, all facts that support that contention; and 17 (e) state, if you contend that the EMPLOYEE'S failure to use internal complaint 18 procedures was excused, all facts why the EMPLOYEE'S use of the procedures was excused. 19 RESPONSE TO INTERROGATORY NO. 207.1: 20 Yes. 21 (a) Objection. Responding to this subpart would require Defendant to compile or 22 summarize information set forth in CHP manuals and personnel policies that are available to all 23 CHP employees. (See Civ. Pro. Code § 2030.230.) 24 (b) All employees receive instruction throughout their employment with CHP concerning 25 how to access CHP policies concerning discrimination and harassment, the prevention of those, 26 and how to file a complaint alleging those. 27 28 13 Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393) 1 (c) CHP employees do not acknowledge receipt of each document or policy governing 2 discrimination or harassment but sometimes submit certificates of completion of 3 harassment/discrimination prevention training. 4 (d) CHP does not presently contend this, but reserves its right to do so pending ftarther 5 investigation and discovery.. 6 (e) Not applicable. 7 INTERROGATORY NO. 207.2: 8 Did the EMPLOYEE complain to the EMPLOYER about any of the unlawful conduct 9 alleged in the PLEADINGS? If so, for each complaint: 10 (a) state the date of the complaint; 11 (b) state the nature ofthe complaint; 12 . (c) state the name and ADDRESS of each PERSON to whom the complaint was made; 13 (d) state the name, ADDRESS, telephone number, and job title of each PERSON who 14 investigated the complaint; 15 (e) state the name, ADDRESS, telephone number, and job title of each PERSON who 16 participated in making decisions about how to conduct the investigation; 17 (f) state the name, ADDRESS, telephone number, and job title of each PERSON who was 18 interviewed or who provided an oral or wi itten statement as part of the investigation of the 19 complaint; 20 (g) state the nature and date of any action taken in response to the complaint; 21 (h) state whether the EMPLOYEE who made the complaint was made aware of the actipns 22 taken by the EMPLOYER in response to the complaint, and, if so, state how and when; 23 (i) identify all DOCUMENTS relating to>the complaint, the investigation, and any action 24 taken in response to the complaint; and 25 (j) state the name, ADDRESS, and telephone nuniber of each PERSON who has 26 knowledge ofthe EMPLOYEE'S complaint or the EMPLOYER'S response to the complaint. 27 28 14 Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393) 1 RESPONSE TO INTERROGATORY NO. 207.2: 2 Objection. Vague and ambiguous concerning whether the charge Plaintiff filed with the 3 Califomia Department of Fair Employment and Housing (DFEH) on July 2, 2019, and the 4 complaint Plaintiff filed on September 23, 2019 to initiate this lawsuit, constitute complaints of 5 the type contemplated by this interrogatory. Aside from that DFEH charge and that civil 6 complaint, and without waiving these objections: CHP is unaware at present of any intemal 7 complaint of disability discrimination by Plaintiff to CHP but reserves its right to amend this 8 response pending further investigation and discoveiy. 9 .(a) - G) Not applicable. 10 INTERROGATORY NO. 208.1: 11 Did the EMPLOYEE file a claim, complaint, or charge with any goveriiniental agency that 12 involved any of the material allegations made in the PLEADINGS? If so, for each claim, 13 complaint, or charge: 14 (a) state, the date on which it was filed; 15 (b) state the name and ADDRESS of the agency with which it was filed; 16 (c) state the number assigned to the claim, complaint, or charge by the agency; 17 (d) state the nature of each claim, complaint, or charge made; 18 (e) state the date on which the EMPLOYER was notified of the claim, complaint, or 19 charge; 20 . (f) state the name, ADDRESS, and telephone number of all PERSONS within the 21 govermiiental agency with whom the EMPLOYER has had any contact or communication 22 regarding the claim, complaint, or charge; 23 (g) state whether a right to sue notice was issued and, if so, when; and 24 (ll) state whether anyfindingsor conclusions regarding the complaint or charge have been 25 made, and, if so, the date and description ofthe agency'sfindingsor conclusions. 26 RESPONSE TO INTERROGATORY NO. 208.1: 27 Yes. Plaintiff filed a charge with the California Department of Fair Employment and 28 Housing(DFEH)on July2, 2019 15 Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393) 1 (a)-(d) Objection. This information is equally available to Plaintiff and his counsel in 2 that they prepared and filed the DFEH charge. 3 (e) CHP received notice of the DFEH charge shortly after Plaintifffiledit. 4 (f) Defense counsel is informed and believes no CHP employees communicated with 5 DFEH conceming this charge because Plaintiff and his counsel immediately requested a "right- 6 to-sue" notice. 7 (g) Yes, on July 2, 2019. 8 (h) Not to Defendant's knowledge. 9 INTERROGATORY NO. 208.2: 10 Did the EMPLOYER respond to any claim, complaint, or charge identified in 11 Inten'Ogatory 208.1? If so, for each claim, complaint, or charge: 12 . (a) state the nature and date of any investigation done or any other action taken by the 13 EMPLOYER in response to the claim, complaint, or charge: 14 (b) state the name, ADDRESS, telephone nuniber, arid job title of each person who 15 investigated the claim, complaint, or charge; 16. (c) state the name, ADDRESS, telephone nuniber, and job title of each PERSON who 17 participated in making decisions about how to conduct the investigation; and 18 (d) state the name, ADDRESS, telephone number, and job title of each PERSON who vvas 19 interviewed or who provided an oral or uritten statement as part of the investigation. 20 RESPONSE TO INTERROGATORY NO. 208.2: 21 No. 22 INTERROGATORY NO. 209.2: 23 Except for this action, in the past 10 years has any employee filed a civil action against the 24 EMPLOYER regarding his or her employment? If so, for each civil action: 25 (a) state the name, ADDRESS, and telephone number of each employee who filed the 26 action; 27 (b) state the court, names of the parties, and case number of the civil action; 28 16 Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393) 1 (c) state the name, ADDRESS, and telephone number of any attomey representing the 2 EMPLOYER; and 3 (d) state whether the action has been resolved or is pending. 4 RESPONSE TO INTERROGATORY NO. 209.2: 5 . Objection. This interrogatory seeks information that is outside the scope of discovery in 6 that it seeks information that is neither admissible nor reasonably calculated to lead to the 7 discovery of admissible evidence. (Pinter-Brown v. Regents of Univ. of California, No. B290086, 8 2020 WL 1950808, at '^27 (Cal. Ct. App. Apr. 23, 2020). It is also overly broad as to time and 9 scope and therefore unduly burdensome. The information requested is also equally available to 10 both parties. 11 INTERROGATORY NO. 214.1: 12 At the time of the ADVERSE EMPLOYMENT ACTION, was there in effect any policy 13 of insurance through which you were or might be insured in any manner for the damages, claims, 14 or actions that have arisen out of the ADVERSE EMPLOYMENT ACTION? If so, for each, 15 policy state: 16 (a) the kind of coverage; 17 (b) the narne and ADDRESS of the insurance company; 18 (c) the name, ADDRESS, and telephone nuniber of each named insured; 19 (d) the policy number; 20 (e) the limits of coverage for each type of coverage contained in the policy; 21 (f) whether any reservation of rights or controversy or coverage dispute exists between you 22 and the insurance company; and 23 (g) the name, ADDRESS, and telephone number of the custodian of the policy. 24 RESPONSE TO INTERROGATORY NO. 214.1: 25 Objection. Vague and ambiguous. Defendant did not take "adverse employment action" 26 against Plaintiff Without waiving: No. 27 . 28 17 Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393) 1 INTERROGATORY NO. 214.2: 2 Are you self-insured under any statute for the damages, claims, or actions that have arisen 3 outoftheADViERSE EMPLOYMENT ACTION? If so, specify the statute. 4 RESPONSE TO INTERROGATORY NO. 214.2: 5 Objection. Vague and ambiguous: Defendant did not take "adverse employment action" 6 against Plaintiff. Without waiving, CHP, as a state agency, is liable only as provided by law. It is 7 insured for workers' compensation purposes by State Compensation Insurance Fund. 8 INTERROGATORY NO. 215.1: 9 Have YOU OR ANYONE ACTING ON YOUR BEHALF interviewed any individual 10 concerning the ADVERSE EMPLOYMENT ACTION? If so, for each individual state: 11 (a) the name, ADDRESS, and telephone number of the individual interviewed; . 12 (b) the date of the interview; and 13 (c) the name, ADDRESS, and telephone nuniber of the PERSON who conducted the 14 interview. 15 RESPONSE TO INTERROGATORY NO. 215.1: 16 Objection. Vague and ambiguous: Defendant did not take "adverse employment action" 17 against Plaintiff. Attorney work product doctrine. Attorney-client privilege. 18 INTERROGATORY NO. 215.2: 19 Have YOU OR ANYONE ACTING ON YOUR BEHALF obtained a wi-itten or recorded 20 statement from any individual conceming the ADVERSE EMPLOYMENT ACTION? If so, 21 for each statement state: 22 (a) the name, ADDRESS, and telephone nuniber of the individual from whom the 23 statement was obtained; 24 (b) the name, ADDRESS, and telephone number of the individual who obtained the 25 statement; 26 (c) the date the statement was obtained; and 27 (d) the name, ADDRESS, and telephone number of each PERSON who has the original 28 statement or a copy. 18 Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393) 1 RESPONSE TO INTERROGATORY NO. 215.2: 2 Objection. Vague and Ambiguous. Defendant did not take "adverse employment action" 3 against Plaintiff Without waiving: No. 4 INTERROGATORY NO. 216.1: 5 Identify each denial of a material allegation and each special or affirmative defense in your 6 PLEADINGS and for each: 7 (a) state all facts upon which you base the denial or special or affirmative defense; 8 . (b) state the names, ADDRESSES, and telephone numbers of all PERSONS who have ' 9 knowledge of those facts; and 10 (c) identify all DOCUMENTS and all other tangible things, that support your denial or 11 special or affirmative defense, and state the name, ADDRESS, and telephone number of the 12 PERSON who has each DOCUMENT. 13 RESPONSE TO INTERROGATORY NO. 216.1: 14 Objection. Vague. Ambiguous. This interrogatory seeks to require CHP and its counsel to 15 categorize facts under its general denial of every material fact in Plaintiffs civil complaint or 16 under the affirmative defenses CHP asserted as a precautionary matter at the outset of this 17 litigation and in anticipation of future investigation and discovery. This interrogatory therefore 18 seeks information protected by the attorney work product doctrine. Defendant reserves its right to 19 supplement this response pending future investigation and discovery. 20 Without waiving these objections: CHP considered offering plaintiff the following 21 accommodations: (1) the weight-bearing vest he and his medical treaters proposed; (2) modified 22 duty; (3) an.intemal suspender system ("The Back Defender"); (3) a sit-stand desk; and (4) one or 23 more leaves of absences, with the option of using paid time off during those leaves. CHP offered 24 all of the above-described accommodations to plaintiff except the weight-bearing vest. Plaintiff 25 accepted the offers of modified duty, a sit-stand desk, and leaves of absence during which 26 plaintiff utilized paid time off CHP declined to offer the weight-bearing vest that plaintiff and 27 his rnedical treaters requested due to operational, safety and appearance factors and concerns that 28 were unique to the day-to-day duties of patrol officers, and because the weight-bearing vest did 19 Defendant's Response to Form Interrogatories - Employment, Set One (34-2019-00265393) 1 not conform to CHP's uniform policy. CHP's Uniform Committee considered, in June 2014, a 2 proposal for an alternate work uniforrh with suspension system, which included a "vest carrier" 3 that was to be worn outside the uniform shirt. The Uniform Committee had concerns about the 4 exterior vest carrier posing officer safety issues because it could be easily grabbed, and about the 5 appeai'ance ofthe system because the vest carrier did not tuck into the uniform pants. No motion 6 to approve the proposed altemate uniform / suspension system vvas made so the item was not 7 approved. CHP worked in good faith to accommodate Plaintiffs physical impairments and to 8 engage in the interactive process concerning reasonable accommodation. 9 Plaintiff admitted to his supervisors he could not perform essential functions of the patrol 10 officer position. Plaintiff never, to CHP's knowledge, tried out the internal suspender system. 11 Contrary to the allegation in Paragraph 16 of the complaint. Sergeant Mueller did not "pressure" 12 Plaintiff to be honest with his doctors, did not say he was "fast-tracking" Plaintiff to retirement, 13 and did not pressure Plaintiff to retire. Sgt. Mueller picked Plaintiff up and drove him to a 14 doctor's appointment. Plaintiff, at the doctor's appointment, stated he wanted to go back to work 15 as a patrol officer. Prior to telling his doctor that. Plaintiff had admitted to Sgt. Mueller he was 16 unable to place a suspect in a "felony prone" position and had made other statements to Sgt. 17 Mueller to the effect that Plaintiff could not perform physical tasks that patrol officers are 18 expected to perform. Sgt. Mueller therefore encouraged Plaintiff to inform his doctors about 19 these facts because if he did not, his doctors would recommend that Plaintiff return to full duty as 20 a patrol officer. Furthermore, it is CHP's understanding Plaintiff voluntarily chose to apply for 21 disability retirement after it became appai'ent to him and his doctors that he was unable to perform 22 essential physical functions ofthe patrol officer position, CalPERS agreed that plaintiff was 23 unable to perform job functions that were essential to that position, and CalPERS therefore 24 granted Plaintiffs application for disability retirement. 25 26 27 28 20 Defendant's Response to Fonn Interrogatories - Employment, Set One (34-2019-00265393) 1 Dated: May ^ 2 0 2 0 Respectfully Submilled, 2 XAVIER BECERRA Attorney General of California 3 KRISTIN M . DAILY Supervising Deputy Attomey General 4 5 6 JAMES F. CURRAN Deputy Attomey General 7 Atlorneys for Defendant California Higlm-ay Patrol 8 SA20I9I06238. 9 34072825.docx 10 11 12 13 14 15 16 17 18 19 20 21 22 23. 24 25 26 27 28 21 Defendant's Response to Fonn Intenogalorics - Employmenl. Set One (34-2019-0026539-3) 1 SA201910623S 2 14314263.docx 3 VERIFICATION 4 1, Madelyn Cisneros, am employed as an Associate Govenimental Program Analysis for the 5 Califomia Highway Patrol (CHP) and am Acting Manager ofthe Office of Legal Affairs. As 6 such, 1 am authorized to execute this verification on behalf of the California Higliway Patrol. I 7 blow the contents ofthe foregoing DEFENDANT CALIFORNIA HIGHWAY PATROL'S 8 RESPONSES TO PLAINTIFF'S EMPLOYMENT LAW FORM INTERROGATORIES, 9 SET ONE. The responses were based on infomiationfi-omvaiious sources and are within 10 knowledge ofthe Califomia Highway Patrol. 11 Unless specifically indicated in a particular response, I have iio personal knowledge of the 12 responses, but on information and belief I believe them to be true. 13 I am infomied and believe that the matters stated herein are true and on that gi^ound certify 14 or declare under penally of perjury under the laws ofthe State of Califomia that same are true and .15 con'ect 15 Executed on the 25th day of June, 2020, at Sacramento, Califomia, 18 Madelyn Cisneros, Acting Manager 19 20 •21 22 23 24 25 26 27 28 „ 22 Defendant's Response to Form Inteirogatories - Employment, Set One (34-2019-00265393) DECLARATION OF SERVICE BY E-MAIL and U.S. Mail Case Name: David Ridge v. CHP No.: 34-2019-00265393 I declare: I am employed in the Office of the Altorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice al the Office of the Attorney General for collection and processing of comespondence for mailing with the United Stales Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system.at the Office of the Attorney General is deposited with the United