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ORxGINAL
BISNAR CHASE LLP
|
F I L f: U
BRIAN D. CHASE, SBN 164109 supemoR cow: nor CAI. arrow:
cOUNTY OF SAN 5wmmw:w
bchase@bisnarchase.com 5AM mmmmm mmfiafz'r
TOM G. ANTUNOVICH, SBN 305216
.bUJN tantunovich@bisnarchase.com JUL 0 3 2023
1301 Dove Street, Suite 120
Newport Beach, California 92660 r
BY 4535-} '.
Telephone: (949) 752-2999
J NTHLA BEI_!,.A:’\I‘1‘/.
r' * |
Wu
. u
Facsimile: (949) 752—2777
Attorneysfor Plaintiffs
OOONQUI
FAX
BY SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF SAN BERNARDINO
11
MICHELLE VALENZUELA, a California CASE NO.: CIVSB2217403
12
citizen; and ERNEST MICHAEL
13 VALENZUELA III, a California citizen, Judge: Hon. Gilbefi Ochoa
Dept: $24
14 Plaintiffs,
PLAINTIFF MICHELLE
15
V. VALENZUELA’S OPPOSITION TO
16 DEFENDANT ADA MCZEAL’S
ADA MCZEAL, a California citizen; and MOTION TO COMPEL FURTHER
17 JULIUS MOORE, a California citizen; and RESPONSES TO REQUEST FOR
DOES 1 t0 10, inclusive, PRODUCTION OF DOCUMENTS, SET
18
ONE
Defendants.
19
20 Motion to Compel Hearing Information:
Date: July 17, 2023
21
Time: 8:30 am.
22 Dept: $24
23 Filed: August 1, 2022
Trial: Not Set
24
25
26
27
28
1
PLAINTIFF MICHELLE VALENZUELA‘S OPPOSITION TO MOTION TO COMPEL REQUESTS FOR PRODUCTION,
SET ONE
I. INTRODUCTION
The Subject In cident
The dog bite incident which is the subject matter of this complaint occurred 0n September
29, 2020, at approximately 1:26 a.m., on the real property located at 2279 W. Kern Street in
Muscoy, CA. At the time of the subject incident, the real property where the subject incident
©OONO\Ul-P
occurred was owned by defendant Ada McZeal. The plaintiffs in the case are Ernest Valenzuela
(now deceased) and Michelle Valenzuela. They both suffered dog bite injuries.
Defendant’s Requestsfor Production 0fD0cuments, Set One
On January 9, 2023, defendant Ms. McZeal served 33 requests for production to plaintiff
10 Michelle Valenzuela‘ On February 10, 2023, plaintiff Michelle Valenzuela served her objections
11 and responses to defendant Ms. McZeal.
12 Meet and Confer
13 On February 27, 2023, defendant Ms. McZeal served a l4 page single spaced meet and
14 confer letter t0 plaintiffs Ernest Valenzuela and Michelle Valenzuela, demanding supplemental
15 responses t0 160 written discovery interrogatories / requests within one week, by March 6,
16 2023. Defendants never telephonically met and conferred with plaintiffs, or agreed to amend their
17 interrogatories / requests t0 clarify uncertainties and ambiguities in the information sought by the
18 written discovery requests, or to discuss the undue burden placed 0n plaintiffs by the overbreadth
19 and significant invasion of privacy of confidential health information demanded in the written
20 discovery requests.
21 On March 6, 2023, plaintiffs requested an additional week extension to serve supplemental
22 responses through March l3, 2023.
23 PlaintiffErnest Valenzuela, who is also the husband ofplaintiffMichelle Valenzuela,
24 died on March 14, 2023
25 At the end 0f March 2023, defendant Ms. McZeal was notified 0f Emest’s death.
26 Nevertheless, on April 3, 2023, defendant Ms. McZeal served another meet and confer
27 letter (again without any telephonic meet and confer process or any real attempts to solve the
28 alleged discovery issues she unilaterally perceived existed in plaintiffs discovery responses), and
2
PLAINTIFF MICHELLE VALENZUELA’S OPPOSITION TO MOTION TO COMPEL REQUESTS FOR PRODUCTION,
SET ONE
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ORxGINAL BISNAR CHASE LLP | F I L f: U BRIAN D. CHASE, SBN 164109 supemoR cow: nor CAI. arrow: cOUNTY OF SAN 5wmmw:w bchase@bisnarchase.com 5AM mmmmm mmfiafz'r TOM G. ANTUNOVICH, SBN 305216 .bUJN tantunovich@bisnarchase.com JUL 0 3 2023 1301 Dove Street, Suite 120 Newport Beach, California 92660 r BY 4535-} '. Telephone: (949) 752-2999 J NTHLA BEI_!,.A:’\I‘1‘/. r' * | Wu . u Facsimile: (949) 752—2777 Attorneysfor Plaintiffs OOONQUI FAX BY SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SAN BERNARDINO 11 MICHELLE VALENZUELA, a California CASE NO.: CIVSB2217403 12 citizen; and ERNEST MICHAEL 13 VALENZUELA III, a California citizen, Judge: Hon. Gilbefi Ochoa Dept: $24 14 Plaintiffs, PLAINTIFF MICHELLE 15 V. VALENZUELA’S OPPOSITION TO 16 DEFENDANT ADA MCZEAL’S ADA MCZEAL, a California citizen; and MOTION TO COMPEL FURTHER 17 JULIUS MOORE, a California citizen; and RESPONSES TO REQUEST FOR DOES 1 t0 10, inclusive, PRODUCTION OF DOCUMENTS, SET 18 ONE Defendants. 19 20 Motion to Compel Hearing Information: Date: July 17, 2023 21 Time: 8:30 am. 22 Dept: $24 23 Filed: August 1, 2022 Trial: Not Set 24 25 26 27 28 1 PLAINTIFF MICHELLE VALENZUELA‘S OPPOSITION TO MOTION TO COMPEL REQUESTS FOR PRODUCTION, SET ONE I. INTRODUCTION The Subject In cident The dog bite incident which is the subject matter of this complaint occurred 0n September 29, 2020, at approximately 1:26 a.m., on the real property located at 2279 W. Kern Street in Muscoy, CA. At the time of the subject incident, the real property where the subject incident ©OONO\Ul-P occurred was owned by defendant Ada McZeal. The plaintiffs in the case are Ernest Valenzuela (now deceased) and Michelle Valenzuela. They both suffered dog bite injuries. Defendant’s Requestsfor Production 0fD0cuments, Set One On January 9, 2023, defendant Ms. McZeal served 33 requests for production to plaintiff 10 Michelle Valenzuela‘ On February 10, 2023, plaintiff Michelle Valenzuela served her objections 11 and responses to defendant Ms. McZeal. 12 Meet and Confer 13 On February 27, 2023, defendant Ms. McZeal served a l4 page single spaced meet and 14 confer letter t0 plaintiffs Ernest Valenzuela and Michelle Valenzuela, demanding supplemental 15 responses t0 160 written discovery interrogatories / requests within one week, by March 6, 16 2023. Defendants never telephonically met and conferred with plaintiffs, or agreed to amend their 17 interrogatories / requests t0 clarify uncertainties and ambiguities in the information sought by the 18 written discovery requests, or to discuss the undue burden placed 0n plaintiffs by the overbreadth 19 and significant invasion of privacy of confidential health information demanded in the written 20 discovery requests. 21 On March 6, 2023, plaintiffs requested an additional week extension to serve supplemental 22 responses through March l3, 2023. 23 PlaintiffErnest Valenzuela, who is also the husband ofplaintiffMichelle Valenzuela, 24 died on March 14, 2023 25 At the end 0f March 2023, defendant Ms. McZeal was notified 0f Emest’s death. 26 Nevertheless, on April 3, 2023, defendant Ms. McZeal served another meet and confer 27 letter (again without any telephonic meet and confer process or any real attempts to solve the 28 alleged discovery issues she unilaterally perceived existed in plaintiffs discovery responses), and 2 PLAINTIFF MICHELLE VALENZUELA’S OPPOSITION TO MOTION TO COMPEL REQUESTS FOR PRODUCTION, SET ONE