Preview
1 Todd A. Jones (BarNo. 198024)
tjones@archernorris.com
FILED
2 Gregory K. Federico (Bar No. 242184)
gfederico@archemorris.com
ENDORSED
3 ARCHERNORRIS (OOEC-6 AMlj:l*0
A Professional Law Corporafion
4 301 University Avenue, Suite 110 .LEGAL PROCESS/^7
Sacramento, Califomia 95825
5 Telephone: 916.646.2480
Facsimile: 916.646.5696
6
Attomeys for Defendants and Cross-Defendants /
7 RICHARD KIRK RUYBALID, individually , and
dba CA CONSTRUCTION
8
9 SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF SACRAMENTO
11
12 RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450
ABBOTT,
13 DECLARATION OF GREGORY K.
Plainfiffs, FEDERICO IN SUPPORT OF MOTION
14 TO COMPEL VERIFIED RESPONSES
V FROM PLAINTIFF RODNEY ABBOTT TO
15 CA CONSTRUCTION'S FORM
RONALD PAUL BRITSCHGI, et al., INTERROGATORIES, SET TWO,
16 REQUEST FOR PRODUCTION OF
Defendants. DOCUMENTS, SET ONE, AND REQUEST
17 FOR ADMISSIONS, SET ONE; REQUEST
TO DEEM REQUESTS FOR ADMISSIONS
18 AS ADMITTED; AND REQUEST FOR
A
SANCTIONS
19
Hearing Date: January 3, 2011
20 Hearing Time: 2:00 p.m.
Hearing Dept: 53
21
Trial Date: January 17, 2011
22 Acfion Filed: September 24, 2007
23
AND RELATED CROSS-ACTIONS.
24
25
I, GREGORY K. FEDERICO, declar e:
26 1. I am an attorney at the law finTl of Archer Norris, attomeys of record for
27 Defendant RICHARD KIRK RUYBALID, iridividually and dba CA CONSTRUCTION
28
N1C341/I057306-1
DECLARATION IN SUPPORT OF MOTIONJ TO COMPEL RESPONSES TO FR, RFP, AND RFA
1 (hereinafter "CA CONSTRUCTION") in this matter. I have personal knowledge ofthe matters
2 stated herein and, if called as a witness, could and would competently testify thereto.
3 2. This matter is a construction defect lawsuit brought by the owner/^builder
4 FLORENTINE ABBOTT and her husband RODNEY ABBOTT, with respect to the
5 constmction of their single family residence at 8601 Rolling Green Way in Fair Oaks,
6 Sacramento County, California.
7 3. Plaintiffs hired Defendant RONALD PAUL BRITSCHGI to act as the general
8 contractor for all aspects of constmcfion through the framing stage. Plaintiffs were responsible
9 for all aspects of constmcfion via constmcfion documents filed with the local building authority.
10 4. Plaintiffs hired CA CONSTRUCTION to supply and install the concrete
11 foundation and garage slab per plans and specifications provided by Plaintiffs.
12 5. Plainfiffs filed their original complaint on September 24, 2007 alleging tort and
13 contract claims as it pertains to the constmcfion of their home. On July 23, 2009, Plaintiffs filed
14 a First Amended Complaint ("FAC") adding personal injury claims for mold exposure, new
15 factual allegations and causes of action against BRITSCHGI and CA CONSTRUCTION, and
16 two new parties. On December 4, 2009, Plaintiffs filed a Second Amended Complaint ("SAC"),
17 which is predominantly the same as the FAC. Finally, on or about November 5, 2010, Plaintiffs
18 filed a Third Amended Complaint ("FAC") adding allegafions as to Defendant R4C0RP., FNC.
19 6. Plainfiffs allege that the parties failed to properly place the house and garage on
20 the lot, particularly with regard to the elevation, pursuant to plans and specifications. Plaintiffs
21 allege that the parties breached their respective contracts, failed to comply with building codes,
22 and failed to comply with the standard of care in the relevant industry Plaintiffs allege that the
23 fill and soils beneath the garage slab, and potentially the house, were compacted improperly.
24 7. A tme and correct copy ofthe Form Interrogatories, Set Two as propounded by
25 CA CONSTRUCTION to Plaintiff RODNEY ABBOTT is attached hereto as Exhibit A.
26 8. A tme and correct copy ofthe Request for Production of Documents, Set One as
27 propounded by CA CONSTRUCTION to Plaintiff RODNEY ABBOTT is attached hereto as
28 Exhibit B.
N1C341/1057306-I 2
DECLARATION IN SUPPORT OF MOTION TO COMPEL RESPONSES TO FR, RFP, AND RFA
1 9 A true and correct copy ofthe Requests for Admissions, Set One as propounded
2 by CA CONSTRUCTION to Plaintiff RODNEY ABBOTT is attached hereto as Exhibit C.
3 10. I have met and conferred with Plaintiffs counsel on four (4) separate occasions
4 via letters dated May 1, 2009, November 24, 2009, December 29, 2009, and September 10,
5 2010. These meet and confer letters idenfify the ways in which Plaintiff RODNEY ABBOTT'S
6 responses are deficient, and indicate that I will be forced to bring a motion to compel verified
7 responses and seek sanctions if verified responses are not issued.
8 l l . A tme and correct copy ofthe four (4) meet and confer letters to Plaintiffs
9 counsel are attached hereto as Exhibit D.
10 12 As of the time of preparation of this Motion, Plaintiff RODNEY ABBOTT has
11 failed to verify his responses to CA CONSTRUCTION'S Form Interrogatories, Set Two,
12 Requests for Production of Documents, Set One, and Requests for Admissions, Set One.
13 13. I have spent 2 hours preparing this motion to compel verified responses to CA
14 CONSTRUCTION'S discovery requests. I have spent 1 hour meeting and conferring in
15 preparation for this motion. I anticipate spending another hour preparing a reply memorandum of
16 points and authorities, if Plaintiff opposes. I also anticipate 1.5 hours attending the hearing on the
17 Motion. My hourly rate is $185.00. The Court filing fee for this Motion is $40 00. The total
18 costs for bringing this mofion will be $1,057.50.
19 I declare under penalty ofperjury under the laws ofthe State ofCalifornia that the
20 foregoing is tme and correct and that this declaration was executed in Sacramento, Califomia, on
21 December 3, 2010
22 ~
^1^^
Gregory K Federico
23
24
25
26
27
28
N1C34I/I057306-I 3
DECLARATION IN SUPPORT OF MOTION TO COMPEL RESPONSES TO FR, RFP, AND RFA
PROOF OF SERVICE
2 Name of Action: Rodney Abbott, et al. v. Ronald Paul Britschgi, et al.
Court and Action No: Sacramento County Superior No. 07AS04450
3
I, Cindy A. Ingland, declare that I am over the age of 18 years and not a party to this
4 action or proceeding. My business address is 301 University Avenue, Suite 110, Sacramento,
California 95825. On December 6, 2010,1 caused the following document(s) to be served:
5
DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF MOTION TO
6 COMPEL VERIFIED RESPONSES FROM PLAINTIFF RODNEY ABBOTT TO CA
CONSTRUCTION'S FORM INTERROGATORIES, SET TWO, REQUEST FOR
7 PRODUCTION OF DOCUMENTS, SET ONE, AND REQUEST FOR ADMISSIONS,
SET ONE; REQUEST TO DEEM REQUESTS FOR ADMISSIONS AS ADMITTED;
8 AND REQUEST FOR SANCTIONS
9 By placing a tme copy ofthe documents listed above, enclosed in a sealed envelope,
addressed as set forth below, for collection and mailing on the date and at the business
10 address shown above following our ordinary business practices. I am readily familiar
11 with this business' practice for collection and processing of correspondence for
mailing with the United States Postal Service. On the same day that a sealed envelope
12 is placed for collecfion and mailing, it is deposited in the ordinary course ofbusiness
with the United States Postal Service with postage fully prepaid
13
I I By having a tme copy ofthe document(s) listed above transmitted by facsimile to the
14 person(s) at the facsimile number(s) set forth below before 5:00 p m The transmission
.c was reported as complete without error by a report issued by the transmitfing facsimile
machine
16 , .
] I By placing a tme copy ofthe document(s) listed above, in a box or other facility
17 regularly maintained by UPS, an express service carrier, or delivered to a courier or
driver authorized by the express service carrier to receive documents, in an envelope
18 designated by the express service carrier, with delivery fees paid or provided for,
addressed as set forth below
20 n by having personal deliverv bv FIRST LEGAL SUPPORT SERVICES a true copv of
the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the
21 address(es) set forth below.
22
[SEE ATTACHED SERVICE LIST]
23
I declare under penalty ofperjury that the foregoing is tme and correct. Executed on
24 December 6, 2010, at Sacramento, Califomia.
25
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N1C34I/608293-1
PROOF OF SERVICE
1 Service List
}
2
Stephanie Fmelli PLAINTIFFS
3 Law Offices of Stephanie J Fmelli
1007 Seventh Street, Suite 500 Tel (916)443-2144
4 Sacramento, CA 95814 Fax:(916)443-1511
E-mail sfinelli700(gyahoo com
5
Richard D Sopp Counsel for CADRE DESIGN GROUP, INC.
6 Wheatley Sopp LLP
1004 River Rock Dnve, Suite 245 Tel (916)988-3857
7 Folsom, CA 95630 Fax:(916)988-5296
Email rds{gmwsblaw com
8
Mark Smith In Pro Per
9 8549 Willow Valley Place
Granite Bay, CA 95746
10
Richard W Freeman Counsel for R4C0RP
11 Scotts Brooks
WOOD SMITH HENNING & BERMAN LLP Tel (925) 356-8200
12 1401 Willow Pass Road, Suite 700 Fax: (925) 356-8250
Concord, CA 94520-7982
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N1C341/608293-1 2
SERVICE LIST
EXHIBIT A
^H°1 DISC-001
ATTORNEY OR PARTY WITHOUT ATTORNEY fName. I ar number, and address;
_Todd A. Jones (SB#198024)
Gregory K. Federico (SB#2'"4'2184)
ARCHER NORRIS
"SSS U n i v e r s i t y Avenue, S u i t e 225
. a c r a m e n t o , CA 9 5 8 2 5 - 6 7 0 7
TELEPHONENO ( 9 1 6 ) 646-2480
FAXNO rOpftonaO ( 9 1 6 ) 646-5696
E-MAILADDRESS (OpbonaO g f e d e r i c o O a r c h e m o r r i s . com
ATTORNEY FOR rwame; Dof. R i c h a r d K i r k R u y b a l i d d b a CA Construction
SUPERIOR COURT OF CAUFORNIA, COUNTY OF SACRAMENTO
Sacramento County S u p e r i o r Court
SHORT TITLE OF CASE- Rodney A b b o t t , e t a l . v . Ronald Paul B r i t s c h g i , e t al,
FORM INTERROGATORIES—GENERAL
CASE NUMBER
Asking Party: R i c h a r d K i r k B u y b a l i d dba CA
Construction 07AS04450
Answering Party: Rodney A b b o t t
Set No.: Two
Sec. 1. Instructions to All Parties (c) Each answer must be as complete and straightfonvard
(a) Interrogatones are written questions prepared by a party as the information reasonably available to you, including the
to an action that are sent to any other party In the action to be infomnation possessed by your attomeys or agents, pennits If
answered under oath. The interrogatories below are form an interrogatory cannot be answered completely, answer it to
interrogatones approved for use in civil cases the extent possible.
(b) For time limitations, requirements for service on other (d) If you do not have enough personal knowledge to fully
parties, and other details, see Code of Civil Procedure answer an interrogatory, say so, but make a reasonable and
sections 2030 010-2030 410 and the cases constming those good faith effort to get the information by asking other persons
sections or organizations, unless the information is equally available to
(c) These form interrogatories do not change existing law the asking party
lating to interrogatories nor do they affect an answenng (e) Whenever an interrogatory may be answered by
;ty's nght to assert any pnvilege or make any objection referring to a document, the document may be attached as an
Sec. 2. Instructions to the Asking Party exhibit to the response and referred to in the response. If the
(a) These interrogatones are designed for optional use by document has more than one jsage, refer to the page and
parties In unlimited civil cases where the amount demanded section where the answer to the interrogatory can be found.
exceeds $25,000 Separate interrogatories. Form (f) Whenever an address and telephone number for the
Intenogatones—Limited Civil Cases (Economic Litigation) same person are requested in more than one interrogatory,
(form DISC-004), which have no subparts, are designed for you are required to furnish them in answenng only the first
use in limited civil cases where the amount demanded is interrogatory asking for that information
$25,000 or less, however, those interrogatories may also be
used in unlimited civil cases (g) If you are asserting a privilege or making an objection to
an interrogatory, you must specifically assert the privilege or
(b) Check the box next to each interrogatory that you want state the objection in your wntten response
the answenng party to answer Use care in choosing those
interrogatones that are applicable to the case (h) Your answers to these interrogatories must be venfied,
(c) You may insert your own definition of INCIDENT in dated, and signed You may wish to use the following form at
Section 4, but only where the acton anses from a course of the end of your answers'
conduct or a series of events occumng over a penod of time / declare under penalty of perjury under the laws of the
(d) The interrogatories in section 16 0, Defendant's State of California that the foregoing answers are true and
Contentions—Personal Injury, should not be used until the conrect
defendant has had a reasonable opportunity to conduct an
investigation or discovery of plamtifPs mjunes and damages (DATE) (SIGNATURE)
(e) Additional interrogatones may be attached
Sec. 3. Instructions to the Answering Party Sec. 4. Definitions
(a) An answer or other appropnate response must be Words in BOLDFACE CAPITALS in these mten-ogatones
given to each interrogatory checked by the asking party. are defined as follows.
(a) (Check one ofthe following):
fb) As a general rule, within 30 days after you are served
) these interrogatories, you must serve your responses on I X I (1) INCIDENT mcludes the circumstances and
. -4skmg party and serve copies of your responses on all events surrounding the alleged accident, injury, or
other parties to the action who have appeared. See Code of other occunrence or breach of contract giving rise to
Civil Procedure sections 2030.260-2030 270 for details this action or proceeding
" Paga 1 or 8
Form Approved for Optional Uss Cods of Civil Procedure,
Judicial Councii of California FORM INTERROGATORIES—GENERAL §§ 2030 010-2030 410. 2033 710
DISC-001 (Rev Januaiy 1, 2008]
Sdih^^s-
DISC-001
I I (2) INCIDENT means (insert yout ^afinttion here or 1.0 Identity of Persons Answering These Interrogatories
on a separater-attached sheet labeled "Sec.
4(a)(2)') I X I 1 1 State the name, ADDRESS, telephone number, and
relationship to you of each PERSON who prepared or
assisted in the preparation of the responses to these
interrogatones. (Do not identify anyone who simply typed or
reproduced the responses.)
(b) YOU OR ANYONE ACTING ON YOUR BEHALF 2.0 General Background Information—individual
includes you, your agents, your employees, your insurance r n 2.1 State.
companies, their agents, their employees, your attomeys, your (a) yourname;
accountants, your investigators, and anyone else acting on (b) every name you have used in the past, and ^
your behalf
(c) the dates you used each name.
(c) PERSON includes a natural person, firm, association,
organization, partnership, business, trust, Iimited liability I I 2 2 State the date and place of your birth
company, corporation, or public entity.
I I 2.3 At the time of the INCIDENT, did you have a dnver's
(d) DOCUMENT means a wntmg, as defined in Evidence license? If so, state-
Code section 250, and includes the onginal or a copy of (a) the state or other issuing entity;
handwriting, typewriting, printing, photostats, photographs, (b) the license number and type;
electronically stored information, and every other means of (c) the date of issuance, and
recording upon any tangible thing and fonn of communicating (d) all restrictions.
or representation, including letters, words, pictures, sounds, or
symbols, or combinations of them. I I 2.4 At the time of the INCIDENT, did you have any other
pemiit or Iicense for the operation of a motor vehicle' Ifso,
(e) HEALTH CARE PROVIDER includes any PERSON state.
refen-ed to in Code of Civil Procedure section 667.7(e)(3)
(a) the state or other issuing entity;
(f) ADDRESS means the street address, including the city, (b) the Iicense number and type,
state, and zip code (c) the date of issuance, and
(d) all restrictions.
Sec. 5. Interrogatories
The following interrogatones have been approved by the I I 2.5 State.
Judicial Councii under Code of Civil Procedure section 2033.710 (a) your present residence ADDRESS;
(b) your residence ADDRESSES for the past five years, and
CONTENTS (c) the dates you lived at each ADDRESS.
!
1.0 Identity of Persons Answering These Interrogatones I I 2 6 State:
2.0 General Background Information—Individual (a) the name, ADDRESS, and telephone number of your
30 General Background Information—Business Entity present employer or place of self-employment; and
4.0 Insurance (b) the name, ADDRESS, dates of employment, job title,
50 [Reserved] and nature of work for each employer or
6.0 Physical, Mental, or Emotional Injuries self-employment you have had from five years before
70 Property Damage the INCIDENT until today
8.0 Loss of Income or Earning Capacity
90 Other Damages I I 2.7 State.
10 0 Medical History (a) the name and ADDRESS of each school or other
110 Other Claims and Previous Claims academic or vocational institution you have attended,
12 0 Investigation — General beginning with high school,
13 0 Investigation — Surveillance (b) the dates you attended;
14.0 Statutory or Regulatory Violations (c) the highest grade level you have completed, and
15 0 Denials and Special or Affirmative Defenses (d) the degrees received
16 0 Defendant's Contentions Personal Injury
17 0 Responses to Request for Admissions I I 2 8 Have you ever been convicted of a felony? if so, for
18 0 [Reserved] each conviction state
19 0 [Reserved] (a) the city and state where you were convicted,
20 0 How the Incident Occurred—Motor Vehicle (b) the dale of conviction,
25.0 [Resen/ed] (c) the offense; and
30 0 [Resen/ed] (d) the court and case number.
40.0 [Reserved]
50 0 Contract I I 2 9 Can you speak English with ease*? If not, what
60.0 [Resen/ed] language and dialect do you normally use?
70 0 Unlawful Detainer [See separate forw DISC-003]
101 0 Economic Litigation [See separate fonn DISC-004] I I 2.10 Can you read and wnte English with ease"? If not, what
900 0 Employment Law [See separate fomn DISC-002] language and dialect do you normally use?
I Family Law [See separate fonv FL-145]
DlSC-001 IRev January 1. 2008) Page 2 ot 8
FORM INTERROGATORIES—GENERAL
DISC-001
I I 2.11 At the time of the INCIDENT WciO you actmg as an I I 3 4 Are you a joini venture? If so, state.
'-— agent or employee for any PERSON? If so, state. (a) the current joint venture name, "'''
(a) the name, ADDRESS, and telephone number of that (b) all other names used by the joint venture dunng the
PERSON: and past 10 years and the dates each was used;
(b) a descnption of your duties. (c) the name and ADDRESS of each joint venturer; and
(d) the ADDRESS ofthe pnncipal place ofbusiness.
I I 2 12 At the time of the INCIDENT did you or any other
person have any physical, emotional, or mental disability or I I 3 5 Are you an unincorporated association?
^ condition that may have contnbuted to the occun-ence of the If so, state
INCIDENT? If so, for each person state: (a) the current unincorporated association name,
(b) all other names used by the unincorporated associatton
(a) the name, ADDRESS, and telephone number,
during the past 10 years and the dates each was used;
(b) the nature of the disability or condition; and
and
(c) the manner in which the disability or condition
(c) the ADDRESS of the pnncipal place of business.
contnbuted to the occurrence of the INCIDENT.
I I 3 6 Have you done business under a fictitious name dunng
I I 2.13 Within 24 hours before the INCIDENT did you or any the past 10 years? If so, for each fictitious name state-
person involved in the INCIDENT use or take any of the (a) the name,
following substances, alcoholic beverage, marijuana, or (b) the dates each was used;
other drug or medication of any kind (prescription or not)? If
(c) the state and county of each fictitous name filing; and
so, for each person state.
(a) the name, ADDRESS, and telephone number; (d) the ADDRESS of the principal place of business.
(b) the nature or description of each substance;
(c) the quantity of each substance used or taken, I I 3.7 Within the past five years has any public entity regis-
(d) the date and time of day when each substance was used tered or licensed your business? If so, for each Iicense or
or taken; registration:
(e) the ADDRESS -where each substance was used or (a) identify the Iicense or registration,
taken, : (b) state the name of the public entity; and
(0 the hame, ADDRESS, and telephone number of each (c) state the dates of issuance and expiration.
person who was present when each substance was used
4.0 Insurance
or taken, and
(g) the name, ADDRESS, and telephone number of any I I 4 1 At the time of the INCIDENT, was there in effect any
HEALTH CARE PROVIDER who prescnbed or furnished policy of insurance through which you were or might be
the substance and the condition for which it was msured in any manner (for example, primary, pro-rata, or
prescnbed or furnished. excess liability coverage or medical expense coverage) for
3.0 General Background Infonmation — Business Entity the damages, claims, or actions that have ansen out of the
INCIDENT? If so, for each policy state:
I I 3.1 Are you a corporation? If so, state: (a) the kmd of coverage,
(a) the name stated in the current articles of incorporation; (b) the name and ADDRESS ofthe insurance company;
(b) all other names used by the corporation during the past (c) the name, ADDRESS, and telephone number of each
10 years and the dates each was used; named insured;
(c) the date and place of incorporation; (d) the policy number,
(d) the ADDRESS of the pnncipal place of business; and (e) the limits of coverage for each type of coverage con-
(e) whether you are qualified to do business in Califomia tained in the policy,
(f) whether any reservation of rights or controversy or
I I 3.2 Are you a partnership? If so, state coverage dispute exists between you and the insurance
(a) the current partnership name; company, and
(b) all other names used by the partnership during the past (g) the name, ADDRESS, and telephone number of the
10 years and the dates each was used, custodian of the policy
(c) whether you are a limited partnership and, if so, under
the laws of what junsdiction, I I 4 2 Are you self-insured under any statute for the damages,
(d) the name and ADDRESS of each general partner, and claims, or actions that have ansen out of the INCIDENT? If
(e) the ADDRESS of the principal place of business so, specify the statute
I I 3 3 Are you a limited liability company? If so, state 5.0 [Resen/ed]
(a) the name stated in the current articles of organization;
6.0 Physical, Mental, or Emotional Injuries
(b) all other names used by the company during the past 10
years and the date each was used, I I 6.1 Do you attnbute any physical, mental, or emotional
(c) the date and place of filing of the articles of organization, mjunes to the INCIDENT? (If your answer ts "no," do not
(d) the ADDRESS of the principal place of business; and answer interrogatories 6 2 through 6 7).
) (e) whether you are qualified to do business in California.
I I 6 2 Identify each injury you attnbute to the INCIDENT and
the area of your body affected.
DISC-001 (Rev January 1, 2008] FORM INTERROGATORIES—GENERAL Page 3 of 8
DISC-001
I I 6 3 Do you still hay^^any complaints that you attnbute to (c) state the amount of damage you are claiming for each
the INCIDENT? Ifso, foreach complaint state item of property and how the amount was calculated; and
(a) a descnption; (d) if the property was sold, state the name,'ADDRESS, and
,(b) whether the complaint is subsiding, remaining the same, telephone number of the seller, the date of sale, and the
or becoming worse, and sale price.
(c) the frequency and duration
I I 7 2 Has a wntten estimate or evaluation been made for any
I I 6 4 Did you receive any consultation or examination Item of property referred to in your answer to the preceding
(except from expert witnesses covered by Code of Civil interrogatory? If so, for each estimate or evaluation state:
Procedure sections 2034.210-2034.310) or treatment from a (a) the name, ADDRESS, and telephone number of the
HEALTH CARE PROVIDER for any injury you attribute to PERSON who prepared it and the date prepared,
the INCIDENT? If so, for each HEALTH CARE PROVIDER (b) the name, ADDRESS, and telephone "number of each
state- PERSON who has a copy of it, and
(a) the name, ADDRESS, and telephone number, . (c) the amount of damage stated.
(b) the type of consultation, examination, or treatment
provided;
(c) the dates you received consultation, examination, or I I 7.3 Has any item of property referred to in your answer to
treatment, and interrogatory 7.1 been repaired? If so, for each item state:
(d) the charges to date (a) the date repaired,
(b) a description of the repair;
I I 6.5 Have you taken any medication, prescribed or not, as a (c) tfie repair cost;
result of injuries that you attribute to the INCIDENT? If so, (d) the name, ADDRESS, and telephone number of the
for each medication state- PERSON who repaired it,
(a) the name, (e) the name, ADDRESS, and telephone number of the
(b) the PERSON who prescribed or fumished it, PERSON who paid for the repair
(c) the date it was prescnbed or furnished,
(d) the dates you began and stopped taking it; and
(e) the cost to date. 8.0 Loss of Income or Earning Capacity
I I 6 6 Are there any other medical sen/ices necessitated by I I 8 1 Do you attnbute any loss of income or earning capacity
the injuries that you attribute to the INCIDENT that were not to the INCIDENT? (If your answer is "no," do not answer
interrogatories 8 2 through 8 8).
'previously listed (for example, ambulance, nursing,
prosthetics)? If so, for each service state I I 8 2 State:
(a) the nature, (a) the nature of your work;
(b) the date; (b) your job title at ^he time ofthe INCIDENT; and
(c) the cost, and (c) the date your employment began.
(d) the name, ADDRESS, and telephone number
of each provider I I 8 3 State the last date before the INCIDENT that you
worked for compensation
I I 6.7 Has any HEALTH CARE PROVIDER advised that you
may require future or additional treatment for any injuries I I 8 4 State your monthly income at the time of the INCIDENT
that you attribute to the INCIDENT? If so, for each injury and how the amount was calculated
state.
(a) the name and ADDRESS of each HEALTH CARE I I 8 5 State the date you returned to work at each place of
PROVIDER; employment following the INCIDENT.
(b) the complaints for which the treatment was advised, and I I 8 6 State the dates you did not work and for which you lost
(c) the nature, duration, and esjimated cost ofthe treatment
income as a result ofthe INCIDENT.
treatment
7.0 Property Damage I I 8.7 State the total income you have lost to date as a result
I I 7 1 Do you attnbute any loss of or damage to a vehicle or ofthe INCIDENT and how the amount was calculated.
other property to the INCIDENT? If so, for each item of
property I I 8 8 Will you lose income in the future as a result of the
(a) descnbe the property, INCIDENT? Ifso, state.
(b) descnbe the nature and location of the damage to the (a) the facts upon which you base this contention;
property. (b) an estimate of the amount,
(c) an estimate of how long you will be unable to work, and
(d) how the claim for future income is calculated
DISC-001 [Rev Januaiy 1. 2008] Page 4 of 8
'ORM INTERROGATORIES—GENERAL
DISC-001
9.0 Other Damages «"' (c) the court, namelfof the parties, and case number of any
action filed, ^
I I 9 1 Are there any other damages that you attribute to the
INCIDENT? If so, for each item of damage state (d) the name, ADDRESS, and telephone number of any
(a) the nature; attorney representing you,
(b) the date it occunred, (e) whether the claim or action has been resolved or is
(c) the amount; and pending, and
(d) the name, ADDRESS, and telephone number of each (f) a description of the injury
PERSON to whom an obligation was incurred
I I 11 2 In the past 10 years have you made a written claim or
I I 9 2 Do any DOCUMENTS support the existence or amount demand for workers' compensation benefits? If so, for each
claim or demand state-
of any item of damages claimed in interrogatory 9.1? If so,
(a) the date, time, and place of the INCIDENT giving nse to
descnbe each document and state the name, ADDRESS,
the claim;
and telephone number of the PERSON who has each (b) the name, ADDRESS, and telephone number of your
DOCUMENT. employer at the time of the injury,
(c) the name, ADDRESS, and telephone number of the
10.0 Medical History
workers' compensation insurer and the claim number;
I I 10.1 At any time before the INCIDENT did you have com- (d) the period of time during which you received workers'
plaints or injuries that involved the same part of your body compensation benefits,
claimed to have been injured in the INCIDENT? If so, for (e) a descnption of the injury;
each state: (f) the name, ADDRESS, and telephone number of any
(a) a descnption of the complaint or injury; HEALTH CARE PROVIDER who provided sen/ices; and
(b) the dates it began and ended, and (g) the case number at the Workers' Compensation Appeals
(c) the name, ADDRESS, and telephone number of each Board.
HEALTH CARE PROVIDER whom you consulted or
12.0 Investigation—General
who examined or treated you
I I 12 1 State the name, ADDRESS, and telephone number of
I I 10 2 List all physical, mental, and emotional disabilities you each individual
(a) who witnessed the INCIDENT or the events occurnng
had immediately before the INCIDENT (You may omit immediately before or after the INCIDENT;
) mental or emotional disabilities unless you attnbute any (b) who made any statement at the scene of the INCIDENT;
mental or emotional injury to the INCIDENT.) (c) who heard any statements made about the INCIDENT by
any individual at the scene; and
I I 10.3 At any time after the INCIDENT, did you sustain
mjunes of the kind for which you are now claiming (d) who YOU OR ANYONE ACTING ON YOUR BEHALF
damages? If so, for each incident giving rise to an injury claim has knowledge of the INCIDENT (except for
state. expert witnesses covered by Code of Civil Procedure
section 2034).
(a) the date and the place it occurred;
(b) the name, ADDRESS, and telephone number of any I I 12 2 Have YOU OR ANYONE ACTING ON YOUR
other PERSON involved; BEHALF interviewed any individual concerning the
(c) the nature of any injunes you sustained, INCIDENT? Ifso, for each individual state.
(d) the name, ADDRESS, and telephone number of each (a) the name, ADDRESS, and telephone number of the
HEALTH CARE PROVIDER who you consulted or who individual inten/iewed;
examined or treated you, and (b) the date of the inten/iew, and
(e) the nature of the treatment and its duration (c) the name, ADDRESS, and telephone number of the
PERSON who conducted the interview.
11.0 Other Claims and Previous Claims [ I D 12 3 Have YOU OR. ANYONE ACTING ON YOUR
I I 11.1 Except for this action, in the past 10 years have you BEHALF obtained a written or recorded statement from any
filed an action or made a written claim or demand for individual concerning the INCIDENT? If so, for each
compensation for your personal mjunes? If so, for each statement state
action, claim, or demand state (a) the name, ADDRESS, and telephone number of the
(a) the date, time, and place and location (closest street individual from whom the statement was obtained,
ADDRESS or intersection) of the INCIDENT giving rise (b) the name, ADDRESS, and telephone number of the
to the action, claim, or demand, individual who obtained the statement;
(b) the name, ADDRESS, and telephone number of each (c) the date the statement was obtained; and
PERSON against whom the claim or demand was made (d) the name, ADDRESS, and telephone number of each
or the action filed. PERSON who has the original statement or a copy
DlSC-001 [Rev January 1, 20Q!>,'
FORM INTERROGATORIES—GENERAL Page 5 of 8
DISC-001
I I 12.4 Do YOU OR ANYONE ACTING . J U YOUR BEHALF C D 13.2 Has a wnuen report been prepared on the
know of any photographs, filmsj-or videotapes depicting any suS/eillance? If so, for each wntten report state ''°^'
place, object, or individual conceming the INCIDENT or (a) the title;
plaintiffs injuries? If so, state (b) the date,
(a) the number of photographs or feet of film or videotape, (c) the name, ADDRESS, and telephone number of the
(b) the places, objects, or persons photographed, filmed, or individual who prepared the
Preview
1 Todd A. Jones (BarNo. 198024) tjones@archernorris.com FILED 2 Gregory K. Federico (Bar No. 242184) gfederico@archemorris.com ENDORSED 3 ARCHERNORRIS (OOEC-6 AMlj:l*0 A Professional Law Corporafion 4 301 University Avenue, Suite 110 .LEGAL PROCESS/^7 Sacramento, Califomia 95825 5 Telephone: 916.646.2480 Facsimile: 916.646.5696 6 Attomeys for Defendants and Cross-Defendants / 7 RICHARD KIRK RUYBALID, individually , and dba CA CONSTRUCTION 8 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 12 RODNEY ABBOTT and FLORENTINE CaseNo. 07AS04450 ABBOTT, 13 DECLARATION OF GREGORY K. Plainfiffs, FEDERICO IN SUPPORT OF MOTION 14 TO COMPEL VERIFIED RESPONSES V FROM PLAINTIFF RODNEY ABBOTT TO 15 CA CONSTRUCTION'S FORM RONALD PAUL BRITSCHGI, et al., INTERROGATORIES, SET TWO, 16 REQUEST FOR PRODUCTION OF Defendants. DOCUMENTS, SET ONE, AND REQUEST 17 FOR ADMISSIONS, SET ONE; REQUEST TO DEEM REQUESTS FOR ADMISSIONS 18 AS ADMITTED; AND REQUEST FOR A SANCTIONS 19 Hearing Date: January 3, 2011 20 Hearing Time: 2:00 p.m. Hearing Dept: 53 21 Trial Date: January 17, 2011 22 Acfion Filed: September 24, 2007 23 AND RELATED CROSS-ACTIONS. 24 25 I, GREGORY K. FEDERICO, declar e: 26 1. I am an attorney at the law finTl of Archer Norris, attomeys of record for 27 Defendant RICHARD KIRK RUYBALID, iridividually and dba CA CONSTRUCTION 28 N1C341/I057306-1 DECLARATION IN SUPPORT OF MOTIONJ TO COMPEL RESPONSES TO FR, RFP, AND RFA 1 (hereinafter "CA CONSTRUCTION") in this matter. I have personal knowledge ofthe matters 2 stated herein and, if called as a witness, could and would competently testify thereto. 3 2. This matter is a construction defect lawsuit brought by the owner/^builder 4 FLORENTINE ABBOTT and her husband RODNEY ABBOTT, with respect to the 5 constmction of their single family residence at 8601 Rolling Green Way in Fair Oaks, 6 Sacramento County, California. 7 3. Plaintiffs hired Defendant RONALD PAUL BRITSCHGI to act as the general 8 contractor for all aspects of constmcfion through the framing stage. Plaintiffs were responsible 9 for all aspects of constmcfion via constmcfion documents filed with the local building authority. 10 4. Plaintiffs hired CA CONSTRUCTION to supply and install the concrete 11 foundation and garage slab per plans and specifications provided by Plaintiffs. 12 5. Plainfiffs filed their original complaint on September 24, 2007 alleging tort and 13 contract claims as it pertains to the constmcfion of their home. On July 23, 2009, Plaintiffs filed 14 a First Amended Complaint ("FAC") adding personal injury claims for mold exposure, new 15 factual allegations and causes of action against BRITSCHGI and CA CONSTRUCTION, and 16 two new parties. On December 4, 2009, Plaintiffs filed a Second Amended Complaint ("SAC"), 17 which is predominantly the same as the FAC. Finally, on or about November 5, 2010, Plaintiffs 18 filed a Third Amended Complaint ("FAC") adding allegafions as to Defendant R4C0RP., FNC. 19 6. Plainfiffs allege that the parties failed to properly place the house and garage on 20 the lot, particularly with regard to the elevation, pursuant to plans and specifications. Plaintiffs 21 allege that the parties breached their respective contracts, failed to comply with building codes, 22 and failed to comply with the standard of care in the relevant industry Plaintiffs allege that the 23 fill and soils beneath the garage slab, and potentially the house, were compacted improperly. 24 7. A tme and correct copy ofthe Form Interrogatories, Set Two as propounded by 25 CA CONSTRUCTION to Plaintiff RODNEY ABBOTT is attached hereto as Exhibit A. 26 8. A tme and correct copy ofthe Request for Production of Documents, Set One as 27 propounded by CA CONSTRUCTION to Plaintiff RODNEY ABBOTT is attached hereto as 28 Exhibit B. N1C341/1057306-I 2 DECLARATION IN SUPPORT OF MOTION TO COMPEL RESPONSES TO FR, RFP, AND RFA 1 9 A true and correct copy ofthe Requests for Admissions, Set One as propounded 2 by CA CONSTRUCTION to Plaintiff RODNEY ABBOTT is attached hereto as Exhibit C. 3 10. I have met and conferred with Plaintiffs counsel on four (4) separate occasions 4 via letters dated May 1, 2009, November 24, 2009, December 29, 2009, and September 10, 5 2010. These meet and confer letters idenfify the ways in which Plaintiff RODNEY ABBOTT'S 6 responses are deficient, and indicate that I will be forced to bring a motion to compel verified 7 responses and seek sanctions if verified responses are not issued. 8 l l . A tme and correct copy ofthe four (4) meet and confer letters to Plaintiffs 9 counsel are attached hereto as Exhibit D. 10 12 As of the time of preparation of this Motion, Plaintiff RODNEY ABBOTT has 11 failed to verify his responses to CA CONSTRUCTION'S Form Interrogatories, Set Two, 12 Requests for Production of Documents, Set One, and Requests for Admissions, Set One. 13 13. I have spent 2 hours preparing this motion to compel verified responses to CA 14 CONSTRUCTION'S discovery requests. I have spent 1 hour meeting and conferring in 15 preparation for this motion. I anticipate spending another hour preparing a reply memorandum of 16 points and authorities, if Plaintiff opposes. I also anticipate 1.5 hours attending the hearing on the 17 Motion. My hourly rate is $185.00. The Court filing fee for this Motion is $40 00. The total 18 costs for bringing this mofion will be $1,057.50. 19 I declare under penalty ofperjury under the laws ofthe State ofCalifornia that the 20 foregoing is tme and correct and that this declaration was executed in Sacramento, Califomia, on 21 December 3, 2010 22 ~ ^1^^ Gregory K Federico 23 24 25 26 27 28 N1C34I/I057306-I 3 DECLARATION IN SUPPORT OF MOTION TO COMPEL RESPONSES TO FR, RFP, AND RFA PROOF OF SERVICE 2 Name of Action: Rodney Abbott, et al. v. Ronald Paul Britschgi, et al. Court and Action No: Sacramento County Superior No. 07AS04450 3 I, Cindy A. Ingland, declare that I am over the age of 18 years and not a party to this 4 action or proceeding. My business address is 301 University Avenue, Suite 110, Sacramento, California 95825. On December 6, 2010,1 caused the following document(s) to be served: 5 DECLARATION OF GREGORY K. FEDERICO IN SUPPORT OF MOTION TO 6 COMPEL VERIFIED RESPONSES FROM PLAINTIFF RODNEY ABBOTT TO CA CONSTRUCTION'S FORM INTERROGATORIES, SET TWO, REQUEST FOR 7 PRODUCTION OF DOCUMENTS, SET ONE, AND REQUEST FOR ADMISSIONS, SET ONE; REQUEST TO DEEM REQUESTS FOR ADMISSIONS AS ADMITTED; 8 AND REQUEST FOR SANCTIONS 9 By placing a tme copy ofthe documents listed above, enclosed in a sealed envelope, addressed as set forth below, for collection and mailing on the date and at the business 10 address shown above following our ordinary business practices. I am readily familiar 11 with this business' practice for collection and processing of correspondence for mailing with the United States Postal Service. On the same day that a sealed envelope 12 is placed for collecfion and mailing, it is deposited in the ordinary course ofbusiness with the United States Postal Service with postage fully prepaid 13 I I By having a tme copy ofthe document(s) listed above transmitted by facsimile to the 14 person(s) at the facsimile number(s) set forth below before 5:00 p m The transmission .c was reported as complete without error by a report issued by the transmitfing facsimile machine 16 , . ] I By placing a tme copy ofthe document(s) listed above, in a box or other facility 17 regularly maintained by UPS, an express service carrier, or delivered to a courier or driver authorized by the express service carrier to receive documents, in an envelope 18 designated by the express service carrier, with delivery fees paid or provided for, addressed as set forth below 20 n by having personal deliverv bv FIRST LEGAL SUPPORT SERVICES a true copv of the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the 21 address(es) set forth below. 22 [SEE ATTACHED SERVICE LIST] 23 I declare under penalty ofperjury that the foregoing is tme and correct. Executed on 24 December 6, 2010, at Sacramento, Califomia. 25 26 27 28 N1C34I/608293-1 PROOF OF SERVICE 1 Service List } 2 Stephanie Fmelli PLAINTIFFS 3 Law Offices of Stephanie J Fmelli 1007 Seventh Street, Suite 500 Tel (916)443-2144 4 Sacramento, CA 95814 Fax:(916)443-1511 E-mail sfinelli700(gyahoo com 5 Richard D Sopp Counsel for CADRE DESIGN GROUP, INC. 6 Wheatley Sopp LLP 1004 River Rock Dnve, Suite 245 Tel (916)988-3857 7 Folsom, CA 95630 Fax:(916)988-5296 Email rds{gmwsblaw com 8 Mark Smith In Pro Per 9 8549 Willow Valley Place Granite Bay, CA 95746 10 Richard W Freeman Counsel for R4C0RP 11 Scotts Brooks WOOD SMITH HENNING & BERMAN LLP Tel (925) 356-8200 12 1401 Willow Pass Road, Suite 700 Fax: (925) 356-8250 Concord, CA 94520-7982 13 14 15 16 / 17 18 19 20 21 / 22 23 24 25 26 27 28 N1C341/608293-1 2 SERVICE LIST EXHIBIT A ^H°1 DISC-001 ATTORNEY OR PARTY WITHOUT ATTORNEY fName. I ar number, and address; _Todd A. Jones (SB#198024) Gregory K. Federico (SB#2'"4'2184) ARCHER NORRIS "SSS U n i v e r s i t y Avenue, S u i t e 225 . a c r a m e n t o , CA 9 5 8 2 5 - 6 7 0 7 TELEPHONENO ( 9 1 6 ) 646-2480 FAXNO rOpftonaO ( 9 1 6 ) 646-5696 E-MAILADDRESS (OpbonaO g f e d e r i c o O a r c h e m o r r i s . com ATTORNEY FOR rwame; Dof. R i c h a r d K i r k R u y b a l i d d b a CA Construction SUPERIOR COURT OF CAUFORNIA, COUNTY OF SACRAMENTO Sacramento County S u p e r i o r Court SHORT TITLE OF CASE- Rodney A b b o t t , e t a l . v . Ronald Paul B r i t s c h g i , e t al, FORM INTERROGATORIES—GENERAL CASE NUMBER Asking Party: R i c h a r d K i r k B u y b a l i d dba CA Construction 07AS04450 Answering Party: Rodney A b b o t t Set No.: Two Sec. 1. Instructions to All Parties (c) Each answer must be as complete and straightfonvard (a) Interrogatones are written questions prepared by a party as the information reasonably available to you, including the to an action that are sent to any other party In the action to be infomnation possessed by your attomeys or agents, pennits If answered under oath. The interrogatories below are form an interrogatory cannot be answered completely, answer it to interrogatones approved for use in civil cases the extent possible. (b) For time limitations, requirements for service on other (d) If you do not have enough personal knowledge to fully parties, and other details, see Code of Civil Procedure answer an interrogatory, say so, but make a reasonable and sections 2030 010-2030 410 and the cases constming those good faith effort to get the information by asking other persons sections or organizations, unless the information is equally available to (c) These form interrogatories do not change existing law the asking party lating to interrogatories nor do they affect an answenng (e) Whenever an interrogatory may be answered by ;ty's nght to assert any pnvilege or make any objection referring to a document, the document may be attached as an Sec. 2. Instructions to the Asking Party exhibit to the response and referred to in the response. If the (a) These interrogatones are designed for optional use by document has more than one jsage, refer to the page and parties In unlimited civil cases where the amount demanded section where the answer to the interrogatory can be found. exceeds $25,000 Separate interrogatories. Form (f) Whenever an address and telephone number for the Intenogatones—Limited Civil Cases (Economic Litigation) same person are requested in more than one interrogatory, (form DISC-004), which have no subparts, are designed for you are required to furnish them in answenng only the first use in limited civil cases where the amount demanded is interrogatory asking for that information $25,000 or less, however, those interrogatories may also be used in unlimited civil cases (g) If you are asserting a privilege or making an objection to an interrogatory, you must specifically assert the privilege or (b) Check the box next to each interrogatory that you want state the objection in your wntten response the answenng party to answer Use care in choosing those interrogatones that are applicable to the case (h) Your answers to these interrogatories must be venfied, (c) You may insert your own definition of INCIDENT in dated, and signed You may wish to use the following form at Section 4, but only where the acton anses from a course of the end of your answers' conduct or a series of events occumng over a penod of time / declare under penalty of perjury under the laws of the (d) The interrogatories in section 16 0, Defendant's State of California that the foregoing answers are true and Contentions—Personal Injury, should not be used until the conrect defendant has had a reasonable opportunity to conduct an investigation or discovery of plamtifPs mjunes and damages (DATE) (SIGNATURE) (e) Additional interrogatones may be attached Sec. 3. Instructions to the Answering Party Sec. 4. Definitions (a) An answer or other appropnate response must be Words in BOLDFACE CAPITALS in these mten-ogatones given to each interrogatory checked by the asking party. are defined as follows. (a) (Check one ofthe following): fb) As a general rule, within 30 days after you are served ) these interrogatories, you must serve your responses on I X I (1) INCIDENT mcludes the circumstances and . -4skmg party and serve copies of your responses on all events surrounding the alleged accident, injury, or other parties to the action who have appeared. See Code of other occunrence or breach of contract giving rise to Civil Procedure sections 2030.260-2030 270 for details this action or proceeding " Paga 1 or 8 Form Approved for Optional Uss Cods of Civil Procedure, Judicial Councii of California FORM INTERROGATORIES—GENERAL §§ 2030 010-2030 410. 2033 710 DISC-001 (Rev Januaiy 1, 2008] Sdih^^s- DISC-001 I I (2) INCIDENT means (insert yout ^afinttion here or 1.0 Identity of Persons Answering These Interrogatories on a separater-attached sheet labeled "Sec. 4(a)(2)') I X I 1 1 State the name, ADDRESS, telephone number, and relationship to you of each PERSON who prepared or assisted in the preparation of the responses to these interrogatones. (Do not identify anyone who simply typed or reproduced the responses.) (b) YOU OR ANYONE ACTING ON YOUR BEHALF 2.0 General Background Information—individual includes you, your agents, your employees, your insurance r n 2.1 State. companies, their agents, their employees, your attomeys, your (a) yourname; accountants, your investigators, and anyone else acting on (b) every name you have used in the past, and ^ your behalf (c) the dates you used each name. (c) PERSON includes a natural person, firm, association, organization, partnership, business, trust, Iimited liability I I 2 2 State the date and place of your birth company, corporation, or public entity. I I 2.3 At the time of the INCIDENT, did you have a dnver's (d) DOCUMENT means a wntmg, as defined in Evidence license? If so, state- Code section 250, and includes the onginal or a copy of (a) the state or other issuing entity; handwriting, typewriting, printing, photostats, photographs, (b) the license number and type; electronically stored information, and every other means of (c) the date of issuance, and recording upon any tangible thing and fonn of communicating (d) all restrictions. or representation, including letters, words, pictures, sounds, or symbols, or combinations of them. I I 2.4 At the time of the INCIDENT, did you have any other pemiit or Iicense for the operation of a motor vehicle' Ifso, (e) HEALTH CARE PROVIDER includes any PERSON state. refen-ed to in Code of Civil Procedure section 667.7(e)(3) (a) the state or other issuing entity; (f) ADDRESS means the street address, including the city, (b) the Iicense number and type, state, and zip code (c) the date of issuance, and (d) all restrictions. Sec. 5. Interrogatories The following interrogatones have been approved by the I I 2.5 State. Judicial Councii under Code of Civil Procedure section 2033.710 (a) your present residence ADDRESS; (b) your residence ADDRESSES for the past five years, and CONTENTS (c) the dates you lived at each ADDRESS. ! 1.0 Identity of Persons Answering These Interrogatones I I 2 6 State: 2.0 General Background Information—Individual (a) the name, ADDRESS, and telephone number of your 30 General Background Information—Business Entity present employer or place of self-employment; and 4.0 Insurance (b) the name, ADDRESS, dates of employment, job title, 50 [Reserved] and nature of work for each employer or 6.0 Physical, Mental, or Emotional Injuries self-employment you have had from five years before 70 Property Damage the INCIDENT until today 8.0 Loss of Income or Earning Capacity 90 Other Damages I I 2.7 State. 10 0 Medical History (a) the name and ADDRESS of each school or other 110 Other Claims and Previous Claims academic or vocational institution you have attended, 12 0 Investigation — General beginning with high school, 13 0 Investigation — Surveillance (b) the dates you attended; 14.0 Statutory or Regulatory Violations (c) the highest grade level you have completed, and 15 0 Denials and Special or Affirmative Defenses (d) the degrees received 16 0 Defendant's Contentions Personal Injury 17 0 Responses to Request for Admissions I I 2 8 Have you ever been convicted of a felony? if so, for 18 0 [Reserved] each conviction state 19 0 [Reserved] (a) the city and state where you were convicted, 20 0 How the Incident Occurred—Motor Vehicle (b) the dale of conviction, 25.0 [Resen/ed] (c) the offense; and 30 0 [Resen/ed] (d) the court and case number. 40.0 [Reserved] 50 0 Contract I I 2 9 Can you speak English with ease*? If not, what 60.0 [Resen/ed] language and dialect do you normally use? 70 0 Unlawful Detainer [See separate forw DISC-003] 101 0 Economic Litigation [See separate fonn DISC-004] I I 2.10 Can you read and wnte English with ease"? If not, what 900 0 Employment Law [See separate fomn DISC-002] language and dialect do you normally use? I Family Law [See separate fonv FL-145] DlSC-001 IRev January 1. 2008) Page 2 ot 8 FORM INTERROGATORIES—GENERAL DISC-001 I I 2.11 At the time of the INCIDENT WciO you actmg as an I I 3 4 Are you a joini venture? If so, state. '-— agent or employee for any PERSON? If so, state. (a) the current joint venture name, "''' (a) the name, ADDRESS, and telephone number of that (b) all other names used by the joint venture dunng the PERSON: and past 10 years and the dates each was used; (b) a descnption of your duties. (c) the name and ADDRESS of each joint venturer; and (d) the ADDRESS ofthe pnncipal place ofbusiness. I I 2 12 At the time of the INCIDENT did you or any other person have any physical, emotional, or mental disability or I I 3 5 Are you an unincorporated association? ^ condition that may have contnbuted to the occun-ence of the If so, state INCIDENT? If so, for each person state: (a) the current unincorporated association name, (b) all other names used by the unincorporated associatton (a) the name, ADDRESS, and telephone number, during the past 10 years and the dates each was used; (b) the nature of the disability or condition; and and (c) the manner in which the disability or condition (c) the ADDRESS of the pnncipal place of business. contnbuted to the occurrence of the INCIDENT. I I 3 6 Have you done business under a fictitious name dunng I I 2.13 Within 24 hours before the INCIDENT did you or any the past 10 years? If so, for each fictitious name state- person involved in the INCIDENT use or take any of the (a) the name, following substances, alcoholic beverage, marijuana, or (b) the dates each was used; other drug or medication of any kind (prescription or not)? If (c) the state and county of each fictitous name filing; and so, for each person state. (a) the name, ADDRESS, and telephone number; (d) the ADDRESS of the principal place of business. (b) the nature or description of each substance; (c) the quantity of each substance used or taken, I I 3.7 Within the past five years has any public entity regis- (d) the date and time of day when each substance was used tered or licensed your business? If so, for each Iicense or or taken; registration: (e) the ADDRESS -where each substance was used or (a) identify the Iicense or registration, taken, : (b) state the name of the public entity; and (0 the hame, ADDRESS, and telephone number of each (c) state the dates of issuance and expiration. person who was present when each substance was used 4.0 Insurance or taken, and (g) the name, ADDRESS, and telephone number of any I I 4 1 At the time of the INCIDENT, was there in effect any HEALTH CARE PROVIDER who prescnbed or furnished policy of insurance through which you were or might be the substance and the condition for which it was msured in any manner (for example, primary, pro-rata, or prescnbed or furnished. excess liability coverage or medical expense coverage) for 3.0 General Background Infonmation — Business Entity the damages, claims, or actions that have ansen out of the INCIDENT? If so, for each policy state: I I 3.1 Are you a corporation? If so, state: (a) the kmd of coverage, (a) the name stated in the current articles of incorporation; (b) the name and ADDRESS ofthe insurance company; (b) all other names used by the corporation during the past (c) the name, ADDRESS, and telephone number of each 10 years and the dates each was used; named insured; (c) the date and place of incorporation; (d) the policy number, (d) the ADDRESS of the pnncipal place of business; and (e) the limits of coverage for each type of coverage con- (e) whether you are qualified to do business in Califomia tained in the policy, (f) whether any reservation of rights or controversy or I I 3.2 Are you a partnership? If so, state coverage dispute exists between you and the insurance (a) the current partnership name; company, and (b) all other names used by the partnership during the past (g) the name, ADDRESS, and telephone number of the 10 years and the dates each was used, custodian of the policy (c) whether you are a limited partnership and, if so, under the laws of what junsdiction, I I 4 2 Are you self-insured under any statute for the damages, (d) the name and ADDRESS of each general partner, and claims, or actions that have ansen out of the INCIDENT? If (e) the ADDRESS of the principal place of business so, specify the statute I I 3 3 Are you a limited liability company? If so, state 5.0 [Resen/ed] (a) the name stated in the current articles of organization; 6.0 Physical, Mental, or Emotional Injuries (b) all other names used by the company during the past 10 years and the date each was used, I I 6.1 Do you attnbute any physical, mental, or emotional (c) the date and place of filing of the articles of organization, mjunes to the INCIDENT? (If your answer ts "no," do not (d) the ADDRESS of the principal place of business; and answer interrogatories 6 2 through 6 7). ) (e) whether you are qualified to do business in California. I I 6 2 Identify each injury you attnbute to the INCIDENT and the area of your body affected. DISC-001 (Rev January 1, 2008] FORM INTERROGATORIES—GENERAL Page 3 of 8 DISC-001 I I 6 3 Do you still hay^^any complaints that you attnbute to (c) state the amount of damage you are claiming for each the INCIDENT? Ifso, foreach complaint state item of property and how the amount was calculated; and (a) a descnption; (d) if the property was sold, state the name,'ADDRESS, and ,(b) whether the complaint is subsiding, remaining the same, telephone number of the seller, the date of sale, and the or becoming worse, and sale price. (c) the frequency and duration I I 7 2 Has a wntten estimate or evaluation been made for any I I 6 4 Did you receive any consultation or examination Item of property referred to in your answer to the preceding (except from expert witnesses covered by Code of Civil interrogatory? If so, for each estimate or evaluation state: Procedure sections 2034.210-2034.310) or treatment from a (a) the name, ADDRESS, and telephone number of the HEALTH CARE PROVIDER for any injury you attribute to PERSON who prepared it and the date prepared, the INCIDENT? If so, for each HEALTH CARE PROVIDER (b) the name, ADDRESS, and telephone "number of each state- PERSON who has a copy of it, and (a) the name, ADDRESS, and telephone number, . (c) the amount of damage stated. (b) the type of consultation, examination, or treatment provided; (c) the dates you received consultation, examination, or I I 7.3 Has any item of property referred to in your answer to treatment, and interrogatory 7.1 been repaired? If so, for each item state: (d) the charges to date (a) the date repaired, (b) a description of the repair; I I 6.5 Have you taken any medication, prescribed or not, as a (c) tfie repair cost; result of injuries that you attribute to the INCIDENT? If so, (d) the name, ADDRESS, and telephone number of the for each medication state- PERSON who repaired it, (a) the name, (e) the name, ADDRESS, and telephone number of the (b) the PERSON who prescribed or fumished it, PERSON who paid for the repair (c) the date it was prescnbed or furnished, (d) the dates you began and stopped taking it; and (e) the cost to date. 8.0 Loss of Income or Earning Capacity I I 6 6 Are there any other medical sen/ices necessitated by I I 8 1 Do you attnbute any loss of income or earning capacity the injuries that you attribute to the INCIDENT that were not to the INCIDENT? (If your answer is "no," do not answer interrogatories 8 2 through 8 8). 'previously listed (for example, ambulance, nursing, prosthetics)? If so, for each service state I I 8 2 State: (a) the nature, (a) the nature of your work; (b) the date; (b) your job title at ^he time ofthe INCIDENT; and (c) the cost, and (c) the date your employment began. (d) the name, ADDRESS, and telephone number of each provider I I 8 3 State the last date before the INCIDENT that you worked for compensation I I 6.7 Has any HEALTH CARE PROVIDER advised that you may require future or additional treatment for any injuries I I 8 4 State your monthly income at the time of the INCIDENT that you attribute to the INCIDENT? If so, for each injury and how the amount was calculated state. (a) the name and ADDRESS of each HEALTH CARE I I 8 5 State the date you returned to work at each place of PROVIDER; employment following the INCIDENT. (b) the complaints for which the treatment was advised, and I I 8 6 State the dates you did not work and for which you lost (c) the nature, duration, and esjimated cost ofthe treatment income as a result ofthe INCIDENT. treatment 7.0 Property Damage I I 8.7 State the total income you have lost to date as a result I I 7 1 Do you attnbute any loss of or damage to a vehicle or ofthe INCIDENT and how the amount was calculated. other property to the INCIDENT? If so, for each item of property I I 8 8 Will you lose income in the future as a result of the (a) descnbe the property, INCIDENT? Ifso, state. (b) descnbe the nature and location of the damage to the (a) the facts upon which you base this contention; property. (b) an estimate of the amount, (c) an estimate of how long you will be unable to work, and (d) how the claim for future income is calculated DISC-001 [Rev Januaiy 1. 2008] Page 4 of 8 'ORM INTERROGATORIES—GENERAL DISC-001 9.0 Other Damages «"' (c) the court, namelfof the parties, and case number of any action filed, ^ I I 9 1 Are there any other damages that you attribute to the INCIDENT? If so, for each item of damage state (d) the name, ADDRESS, and telephone number of any (a) the nature; attorney representing you, (b) the date it occunred, (e) whether the claim or action has been resolved or is (c) the amount; and pending, and (d) the name, ADDRESS, and telephone number of each (f) a description of the injury PERSON to whom an obligation was incurred I I 11 2 In the past 10 years have you made a written claim or I I 9 2 Do any DOCUMENTS support the existence or amount demand for workers' compensation benefits? If so, for each claim or demand state- of any item of damages claimed in interrogatory 9.1? If so, (a) the date, time, and place of the INCIDENT giving nse to descnbe each document and state the name, ADDRESS, the claim; and telephone number of the PERSON who has each (b) the name, ADDRESS, and telephone number of your DOCUMENT. employer at the time of the injury, (c) the name, ADDRESS, and telephone number of the 10.0 Medical History workers' compensation insurer and the claim number; I I 10.1 At any time before the INCIDENT did you have com- (d) the period of time during which you received workers' plaints or injuries that involved the same part of your body compensation benefits, claimed to have been injured in the INCIDENT? If so, for (e) a descnption of the injury; each state: (f) the name, ADDRESS, and telephone number of any (a) a descnption of the complaint or injury; HEALTH CARE PROVIDER who provided sen/ices; and (b) the dates it began and ended, and (g) the case number at the Workers' Compensation Appeals (c) the name, ADDRESS, and telephone number of each Board. HEALTH CARE PROVIDER whom you consulted or 12.0 Investigation—General who examined or treated you I I 12 1 State the name, ADDRESS, and telephone number of I I 10 2 List all physical, mental, and emotional disabilities you each individual (a) who witnessed the INCIDENT or the events occurnng had immediately before the INCIDENT (You may omit immediately before or after the INCIDENT; ) mental or emotional disabilities unless you attnbute any (b) who made any statement at the scene of the INCIDENT; mental or emotional injury to the INCIDENT.) (c) who heard any statements made about the INCIDENT by any individual at the scene; and I I 10.3 At any time after the INCIDENT, did you sustain mjunes of the kind for which you are now claiming (d) who YOU OR ANYONE ACTING ON YOUR BEHALF damages? If so, for each incident giving rise to an injury claim has knowledge of the INCIDENT (except for state. expert witnesses covered by Code of Civil Procedure section 2034). (a) the date and the place it occurred; (b) the name, ADDRESS, and telephone number of any I I 12 2 Have YOU OR ANYONE ACTING ON YOUR other PERSON involved; BEHALF interviewed any individual concerning the (c) the nature of any injunes you sustained, INCIDENT? Ifso, for each individual state. (d) the name, ADDRESS, and telephone number of each (a) the name, ADDRESS, and telephone number of the HEALTH CARE PROVIDER who you consulted or who individual inten/iewed; examined or treated you, and (b) the date of the inten/iew, and (e) the nature of the treatment and its duration (c) the name, ADDRESS, and telephone number of the PERSON who conducted the interview. 11.0 Other Claims and Previous Claims [ I D 12 3 Have YOU OR. ANYONE ACTING ON YOUR I I 11.1 Except for this action, in the past 10 years have you BEHALF obtained a written or recorded statement from any filed an action or made a written claim or demand for individual concerning the INCIDENT? If so, for each compensation for your personal mjunes? If so, for each statement state action, claim, or demand state (a) the name, ADDRESS, and telephone number of the (a) the date, time, and place and location (closest street individual from whom the statement was obtained, ADDRESS or intersection) of the INCIDENT giving rise (b) the name, ADDRESS, and telephone number of the to the action, claim, or demand, individual who obtained the statement; (b) the name, ADDRESS, and telephone number of each (c) the date the statement was obtained; and PERSON against whom the claim or demand was made (d) the name, ADDRESS, and telephone number of each or the action filed. PERSON who has the original statement or a copy DlSC-001 [Rev January 1, 20Q!>,' FORM INTERROGATORIES—GENERAL Page 5 of 8 DISC-001 I I 12.4 Do YOU OR ANYONE ACTING . J U YOUR BEHALF C D 13.2 Has a wnuen report been prepared on the know of any photographs, filmsj-or videotapes depicting any suS/eillance? If so, for each wntten report state ''°^' place, object, or individual conceming the INCIDENT or (a) the title; plaintiffs injuries? If so, state (b) the date, (a) the number of photographs or feet of film or videotape, (c) the name, ADDRESS, and telephone number of the (b) the places, objects, or persons photographed, filmed, or individual who prepared the