On June 02, 2021 a
Party Discovery
was filed
involving a dispute between
Doe, Jane Bns,
and
Barstow Unified School District,
Doe 1,
Does 2 To 100,
for Other PI/PD/WD Unlimited
in the District Court of San Bernardino County.
Preview
o OHGINAL
RYAN D. MILLER (SBN 256799)
BARBARA M. M00RE(SBN 140613) MIL (j 3 2022
CUMMINGS, MCCLOREY, DAVIS, ACHo & ASSOCIATES, P.C.
3801 University Avenue, Suite 560
Riverside,CA 92501
Lay»
m " " 7
WAFEEITT 7‘"
‘ ' ‘
(951) 276—4420 gdogowflanUM/C
\OOONQUl-RWNr—t
(951) 276—4405 fax
EXEMPT PERI GOV. CODE § 6103
Attorneys for Defendant
Barstow Unified School District
FAX
SUPERIOR COURT 0F THE STATE OF CALIFORNIA
BY FOR THE COUNTY OF SAN BERNARDINO ‘
JANE BNS DOE, AN INDIVIDUAL, Case N0.: CIVSB2115713
Plaintiff,
DEFENDANT BARSTOW UNIFIED
v .
SCHOOL DISTRICT’S SEPARATE
STATEMENT IN SUPFORT OF MOTION
DISTRICT, a California local public entity
T0 FORM INTERR0¢ATORIE52 SET
and DOES 2 to 100. ONE
NNNNNNNNb—‘t—HHp—Ir—dr—tr—tp—AH
[Filed Concurrently with Defendant Barstow
Defendants.
dvvvvvvvvvVVVVVVVVVVVVVVVV
Unified School District’s Notice Of Motion
QO\MJ>WNHO\OOOVO\UI-bUJNF—O
And Motion To Compel Fufiher Responses To
Form Interrogatories, SetIOne; Memorandum
Of Points And Authorities; And Declaration Of
Barbara M. Moore; and [Proposed] Order]
Date: August 23, 2022
Time: 8:30 a.m.
Dept: 823
SEPARATE STATEMENT
Defendant Barstow Unified School District (“the District”) submits this separate
statement in support 0f the Notice of Motion and Motion to Compel Further Responses, Without
28 Objections, to Form Interrogatories, Set One, in compliance with CRC, Rule 3.1345.
Cummings, McClorey,
Davis, Acho
8: Associates, ?.C‘ -1-
3801 University Avenue,
Suitc 560
Riverside, CA 92501
Telephone (95 1 ) 2764420
SEPARATE STATEMENT ISO MOTION TO COMPEL FURTHER RESPOfiSES TO FORM
Facsimile (951) 276-4405
INTERROGATORIES
FORM INTERROGATORY NO. 10.1:
At any time before the INCIDENT did you have complaints 0r injuries that involved the
same part of your body claimed t0 have been injured in the INCIDENT? Ifl so, for each state:
(a) a description 0f the complaint or injury;
(b) the dates it began and ended; and
HEALTH CARE
\OOOQONUIAWN—n
(c) the name, ADDRESS, and telephone number of each
PROVIDER whom you consulted or who examined or treated you.
RESPONSE TO FORM INTERROGATORY NO. 10.1:
Responding Party incorporates each of the General Obj ections set fbrth herein above as
though fully set forth hereinafter. Moreover, Responding Party specificallyiobjects as follows:
OBJECTION: This Interrogatory is vague and ambiguous as to the term "INCIDENT" as
phrased since the pattern and practice of abuse, and failures of Defendants to act or act
appropriately span multiple years, and therefore it is particularly vague and: ambiguous.
OBJECTION: This Interrogatory is vague and ambiguous as t0 the phrase "complaints or
injuries that involved the same part 0f your body."
OBJECTION: This Interrogatory is vague and ambiguous as to the terms "¢omp1aint(s),"
"injuries," "involved," and the phrase "at any time before."
OBJECTION: This Interrogatory seeks information that requires an expert and/or legal
NNNNNNNNHt—tr—tp—‘p—tp—t—IHHp—t
opinion.
OBJECTION: This Interrogatory calls for a legal conclusion which involves more than
QONUIAUJNr-‘OCWQQUIAUJNF‘O
the mere application of facts to law under C.C.P. § 2030.010 et seq.
OBJECTION: This Interrogatory potentially seeks information which invades the right t0
medical privacy. Thus, responding party cannot respond to this request without undue prejudice
to itself.
REASON WHY FURTHER RESPONSE IS NECESSARY:
A further response is necessary since Whether Plaintiff had prior mental and emotional
complaints 0r injuries is relevant as to the extent ofher injuries, ifany, from 11116 subject incident.
Furthermore, Plaintiffhas waived her right to keep private the mental health conditions at issue
here because Plaintiff put them at issue in the present case. The California Supreme Court has
28 held that when a party t0 litigation affirmatively places his or her m¢dical condition in
Cummings, McClarey,
Davis, Acho
& Associates, P.C. -2-
3801 University Avenue,
Suite S60
Riverside, CA 92501
Telephone (95 l) 276-4420
SEPARATE STATEMENT ISO MOTION T0 COMPEL FURTHER RESPOfiSES T0 FORM
Facsimile (951) 276-4405 INTERROGATORIES
Document Filed Date
July 08, 2022
Case Filing Date
June 02, 2021
Category
Other PI/PD/WD Unlimited
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Preview
o OHGINAL RYAN D. MILLER (SBN 256799) BARBARA M. M00RE(SBN 140613) MIL (j 3 2022 CUMMINGS, MCCLOREY, DAVIS, ACHo & ASSOCIATES, P.C. 3801 University Avenue, Suite 560 Riverside,CA 92501 Lay» m " " 7 WAFEEITT 7‘" ‘ ' ‘ (951) 276—4420 gdogowflanUM/C \OOONQUl-RWNr—t (951) 276—4405 fax EXEMPT PERI GOV. CODE § 6103 Attorneys for Defendant Barstow Unified School District FAX SUPERIOR COURT 0F THE STATE OF CALIFORNIA BY FOR THE COUNTY OF SAN BERNARDINO ‘ JANE BNS DOE, AN INDIVIDUAL, Case N0.: CIVSB2115713 Plaintiff, DEFENDANT BARSTOW UNIFIED v . SCHOOL DISTRICT’S SEPARATE STATEMENT IN SUPFORT OF MOTION DISTRICT, a California local public entity T0 FORM INTERR0¢ATORIE52 SET and DOES 2 to 100. ONE NNNNNNNNb—‘t—HHp—Ir—dr—tr—tp—AH [Filed Concurrently with Defendant Barstow Defendants. dvvvvvvvvvVVVVVVVVVVVVVVVV Unified School District’s Notice Of Motion QO\MJ>WNHO\OOOVO\UI-bUJNF—O And Motion To Compel Fufiher Responses To Form Interrogatories, SetIOne; Memorandum Of Points And Authorities; And Declaration Of Barbara M. Moore; and [Proposed] Order] Date: August 23, 2022 Time: 8:30 a.m. Dept: 823 SEPARATE STATEMENT Defendant Barstow Unified School District (“the District”) submits this separate statement in support 0f the Notice of Motion and Motion to Compel Further Responses, Without 28 Objections, to Form Interrogatories, Set One, in compliance with CRC, Rule 3.1345. Cummings, McClorey, Davis, Acho 8: Associates, ?.C‘ -1- 3801 University Avenue, Suitc 560 Riverside, CA 92501 Telephone (95 1 ) 2764420 SEPARATE STATEMENT ISO MOTION TO COMPEL FURTHER RESPOfiSES TO FORM Facsimile (951) 276-4405 INTERROGATORIES FORM INTERROGATORY NO. 10.1: At any time before the INCIDENT did you have complaints 0r injuries that involved the same part of your body claimed t0 have been injured in the INCIDENT? Ifl so, for each state: (a) a description 0f the complaint or injury; (b) the dates it began and ended; and HEALTH CARE \OOOQONUIAWN—n (c) the name, ADDRESS, and telephone number of each PROVIDER whom you consulted or who examined or treated you. RESPONSE TO FORM INTERROGATORY NO. 10.1: Responding Party incorporates each of the General Obj ections set fbrth herein above as though fully set forth hereinafter. Moreover, Responding Party specificallyiobjects as follows: OBJECTION: This Interrogatory is vague and ambiguous as to the term "INCIDENT" as phrased since the pattern and practice of abuse, and failures of Defendants to act or act appropriately span multiple years, and therefore it is particularly vague and: ambiguous. OBJECTION: This Interrogatory is vague and ambiguous as t0 the phrase "complaints or injuries that involved the same part 0f your body." OBJECTION: This Interrogatory is vague and ambiguous as to the terms "¢omp1aint(s)," "injuries," "involved," and the phrase "at any time before." OBJECTION: This Interrogatory seeks information that requires an expert and/or legal NNNNNNNNHt—tr—tp—‘p—tp—t—IHHp—t opinion. OBJECTION: This Interrogatory calls for a legal conclusion which involves more than QONUIAUJNr-‘OCWQQUIAUJNF‘O the mere application of facts to law under C.C.P. § 2030.010 et seq. OBJECTION: This Interrogatory potentially seeks information which invades the right t0 medical privacy. Thus, responding party cannot respond to this request without undue prejudice to itself. REASON WHY FURTHER RESPONSE IS NECESSARY: A further response is necessary since Whether Plaintiff had prior mental and emotional complaints 0r injuries is relevant as to the extent ofher injuries, ifany, from 11116 subject incident. Furthermore, Plaintiffhas waived her right to keep private the mental health conditions at issue here because Plaintiff put them at issue in the present case. The California Supreme Court has 28 held that when a party t0 litigation affirmatively places his or her m¢dical condition in Cummings, McClarey, Davis, Acho & Associates, P.C. -2- 3801 University Avenue, Suite S60 Riverside, CA 92501 Telephone (95 l) 276-4420 SEPARATE STATEMENT ISO MOTION T0 COMPEL FURTHER RESPOfiSES T0 FORM Facsimile (951) 276-4405 INTERROGATORIES