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JOSHUA S. FALAKASSA (SBN: 295045)
FALAKASSA LAW, P.C.
2 1901 Avenue ofthe Stars Suite # 450
3 Los Angeles, Califomia 90067
Tel.: (818) 456-6168; Fax: (888) 505-0868
4 Email: josh@falakassalaw.com
5 ARASH S. KHOSROWSHAHI (SBN: 293246)
6 L I B E R T Y MAN LAW, P.C.
lOlOFStreet, Ste. 300
7 Sacramento, Califomia 95814
Tel.: (916) 573-0469; Fax: (866) 700-0787
8 Email: ash@libertymanlaw.com
9
Attomeys for Plainfiff,
10 SAJIDA ZAMAN
11 SUPERIOR COURT OF CALIFORNIA
12
COUNTY OF SACRAMENTO BY FAX
13
14
SAJIDA ZAMAN, CASE NO.: 34-2019-00252121
15
•Plainfifif, DECLARATION OF ARASH S.
16 KHOSROWSHAHI IN SUPPORT OF E X
vs.
PARTE APPLICATION FOR ORDER (1)
17 SPECIALLY SETTING HEARINGS ON
LIQUI-BOX CORPORATION, and DOES 1
18 through 20, inclusive. DISCOVERY MOTIONS; OR
ALTERNATIVELY (2) SEEKING
19 Defendants. HEARINGS ON DISCOVERY MOTIONS
ON SHORTENED TIME.
20
Date: August 11,2022
21 Time: 9:15am
22 Dept.: 53
Trial Date: September 12, 2022
23
24 I , ARASH KHOSROWSHAHI, declare as follows:
25 1. I am an attomey licensed to practice law in the State of Califomia. My State Bar Number
26 is 293246.
27 2. I represent Plaintiff Sajida Zaman ("Plaintiff') in the above-entitled action. I have
28 knowledge of the facts stated herein and can testify competently thereto.
DECLARATION OF ARASH KHOSROWSHAHI IN SUPPORT
1 of 3
1 3. On May 27, 2022 Plaintifif served her second set of Form Interrogatories—General
2 propounded against Defendant via email. (Attached as Exhibit A is a true and correct
3 copy of Plaintiff Sajida Zaman's Form Interrogatories—General, Set Two.) The
4 interrogatories were concurrently served with Plaintiffs Requests for Admissions to
5 Defendant Liqui-Box Corporation (Set One) (Attached as Exhibit B is a tme and correct
6 copy of Plaintifif Sajida Zaman's Requests for Admissions, Set One), and contained a
7 single interrogatory. No. 17.1, which required the Defendant to provide all facts,
8 witnesses, and documents in support of any denial or qualified admission to the Requests
9 for Admissions. (See Exhibit A.)
10 4. The Requests for Admissions themselves in relevant part asked Defendant to admit
11 information regarding: (1) Plaintiff not being trained on the CSB immediate reporting
12 requirement; (2) not being trained on recognizing signs of cumulative trauma injuries or
13 gradually worsening symptoms such as her strained knee/hamstring muscle; (3) that
14 PlaintifPs injury was cumulative in nature caused by repeated trauma over time and not
15 caused by a single event accident; (4) that Plaintiffs injury was not diagnosed sooner than
16 January 3, 2019; (5) that Defendant never discussed Plainfiff s rights under the FEHA
17 during her alleged late reporting; (6) that Plaintiffs work restrictions did not prohibit her
18 from performing all of her essential job functions; (7) that the CSB policy does not require
19 employees to immediately report all physical pain unfil they leam their pain is connected
20 to an injury; and (8) Plaintiff never being trained on distinguishing bodily sensations such
21 as soreness due to fatigue, from workplace injuries. (See Exhibit B, Requests for
22 Admissions Nos. 1 through 23.)
23 5. Because Defendant did not timely serve responses or objections. Plaintiff thereafter filed
24 her motion to compel on Form Interrogatories—General, Set Two (Res. ID: 2656706) and
25 motion to deem admitted the Requests for Admissions, Set One (Res. ID: 2656705) to be
26 heard on September 1 2022.
27
28
DECLARATION OF ARASH KHOSROWSHAHI IN SUPPORT
2 of 3
1 6. Plaintiff previously sought ex parte relief in this matter on August 5, 2022. Plaintiffs
2 previous application was granted in part. (See Exhibit A to Plaintiff Sajida Zaman's
3 Request for Judicial Notice in Support.)
4 7. PlaintifiPs discovery motions for her Requests for Admissions, Set 1, and Form
5 Interrogatories—General, Set 2, were filed and timely served upon Defendant on or about
6 June 29, 2022. (Attached as Exhibit C are tme and correct copies of the proofs of service
7 of each motion.)
8 8. I called Defendant's counsel Mr. James Jones at Jackson Lewis, P.C. at 9:23am
9 Wednesday, August 10, 2022, and left him a voicemail giving him ex parte notice that
10 Plaintiff was seeking to specially set hearings for Plaintiffs discovery motions set on
11 September 1, 2022 to August 25, 2022, or August 26, 2022; or in the altemative set
12 hearings for Plaintiffs discovery motions on shortened time, with Defendant's opposition
13 papers to be filed and served five court days and Plaintiffs reply papers to be filed and
14 served two court days prior to the Court's chosen hearing date per Local Rule 2.35(B). I
15 informed Mr. Jones the hearing was scheduled for August 11, 2022, at 9:15am in
16 Department 53. At the time of this filing Mr. Jones did not indicate that he would oppose
17 the ex parte application.
18 I declare under penalty of perjury under the laws of the State of Califomia that the
19 foregoing is true and correct.
20 Dated: August 10, 2022
21
22 By:
Arash S. Khosrowshahi
23 Attomey for Plaintiff Sajida Zaman
24
25
26
27
28
DECLARATION OF ARASH KHOSROWSHAHI IN SUPPORT
3 of 3
EXHIBIT A
DISC-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Barnumber. and address):
ARASH S. KHOSROWSHAHI (SBN: 293246)
LIBERTY MAN LAW, P.C, 1010 F Street, Ste. 300, Sacramento, CA 95814
TELEPHONENO.: 916.573.0469
FAX NO. (Optional): 866.700.0787
E-MAILADDRESS (Optional): ash@libertvmanlaw.com
ATTORNEY FOR (Name): SAJ1 DA ZAMAN
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO
SHORT TITLE OF CASE:
ZAMAN V. LIQUI-BOX CORPORATION, et al.
FORM INTERROGATORIES—GENERAL CASE NUMBER:
34-2019-00252121
Asking Party: LIQUI-BOX CORPORATION
Answering Party: SAJIDAZAMAN
Set No.: 2
Sec. 1. Instructions to All Parties (C) Each answer must be as complete and straightforward as
(a) Interrogatories are written questions prepared by a party to an the information reasonably available to you. Including the
action that are sent to any other party In the action to be information possessed by your attorneys or agents, pennits.
answered under oath. The interrogatories below are fonn If an Interrogatory cannot be answered completely, answer it
Inten-ogatories approved for use in civil cases. to the extent possible.
(b) For time limitations, requirements for service on other parties, (d) If you do not have enough personal knowledge to fully
and other details, see Code of Civil Procedure sections answer an interrogatory, say so, but make a reasonable and
2030.010-2030.410 and the cases construing those sections. good faith effort to get the information by asking other
(c) These form interrogatories do not change existing law persons or organizations, unless the information is equally
relating to interrogatories nor do they affect an answering available to the asking party.
party's right to assert any privilege or make any objection. (e) Whenever an interrogatory may be answered by referring to
Sec. 2. Instructions to the Asking Party a document, the document may be attached as an exhibit to
(a) These interrogatories are designed for optional use by parties the response and referred to in the response. If the
In unlimited civil cases where the amount demanded exceeds document has more than one page, refer to the page and
$25,000. Separate interrogatories, Form Interrogatories— section where the answer to the interrogatory can be found.
Umlted Civil Cases (Economic Litigation) (form DISC-004),
(f) Whenever an address and telephone number for the same
which have no subparts, are designed for use In limited civil
person are requested in more than one interrogatory, you
cases where the amount demanded is $25,000 or less;
are required to fumish them in answering only the first
however, those interrogatories may also be used in unlimited
interrogatory asking for that Information.
civil cases.
(b) Check the box next to each interrogatory that you want the (g) If you are asserting a privilege or making an objection to an
answering party to answer. Use care In choosing those interrogatory, you must specifically assert the privilege or
Interrogatories that are applicable to the case. state the objection in your written response.
(c) You may insert your own definition of INCIDENT in Section 4, (h) Your answers to these interrogatories must be verified,
but only where the action arises from a course of conduct or a dated, and signed. You may wish to use the following form
series of events occumng over a period of time. at the end of your answers:
(d) The interrogatories in section 16.0, Defendant's Contentions-
/ declare underpenalty of perjury under the laws of the State of
Personal Injury, should not be used until the defendant has
Califomia that the foregoing answers are true and conrect.
had a reasonable opportunity to conduct an investigation or
discovery of plaintiffs injuries and damages.
(e) Additional Interrogatories may be attached. (Date) (SIGNATURE)
Sec. 3. Instructions to the Answering Party Sec. 4. Definitions
(a) An answer or other appropriate response must be given to Words in BOLDFACE CAPITALS in these inten-ogatories are
each interrogatory checked by the asking party. defined as follows:
(b) As a general rule, within 30 days after you are served with (a) (Check one ofthe following):
these Inten-ogatories, you must serve your responses on the
I I (1) INCIDENT Includes the circumstances and
asking party and serve copies of your responses on all other
events surrounding the alleged accident, injury,
parties to the action who have appeared. See Code of Civil
or other occurrence or breach of contract giving
Procedure sections 2030.260-2030.270 for details.
rise to this action or proceeding.
Page 1 of 8
Form Approved (or Oplional Use Code o( Civil Procedure. §§
Judicial Council ol Califomia
FORM INTERROGATORIES—GENERAL 2030.019-2030.410. 2033.710
DISC-001 [Rev. January 1. 2008] www.courts.ca.gov
DISC-001
(2) INCIDENT means (insert your definition here or on a 1.0 Identity of Persons Answering These Interrogatories
separate, attached sheet labeled "Sec. 4(a)(2)"):
I 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
inten-ogatories. (Do not Identify anyone who simply typed
or reproduced the responses.)
2.0 General Background Information individual—
(b) YOU OR ANYONE ACTING ON YOUR BEHALF includes I I 2.1 Slate:
you, your agents, your employees, your insurance (a) your name;
companies, their agents, their employeeSf.your attomeys, (b) every name you have used In the past; and
your accountants, your investigators, and anyone else acting
(c) the dates you used each name.
on your behalf.
I I 2.2 State the date and place of your birth.
(c) PERSON includes a natural person, firm, association,
organization, partnership, business, trust, limited liability I I 2.3 At the time of the INCIDENT, did you have a driver's
company, corporation, or public entity. license? If so state:
(d) DOCUMENT means a writing, as defined In Evidence Code (a) the state or other issuing entity;
section 250, and includes the original or a cppy of (b) the license number and type;
handwriting, typewriting, printing, photostats, photographs, (c) U-ie date of issuance; and
electronically stored Information, and every other means of (d) all restrictions.
recording upon any tangible thing and form of communicating
1 I 2.4 At tiie time of the INCIDENT, did you have any other
or representation, including letters, words, pictures, sounds,
permit or license for the operation of a motor vehicle? If so,
or symbols, or combinations of them.
state:
(e) HEALTH CARE PROVIDER includes any PERSON referred
to in Code of Civil Procedure section 667.7(e)(3). (a) the state or other issuing entity;
(0 ADDRESS means the street address, including the city, (b) the license number and type;
state, and zip code. (c) the date of issuance; and
(d) ail restrictions.
Sec. 5. Interrogatories
I I 2.5 State:
The following interrogatories have been approved by the Judicial
(a) your present residence ADDRESS;
Council under Code of Civil Procedure section 2033.710:
(b) your residence ADDRESSES for the past five years;
CONTENTS and
I.OIdentity of Persons Answering These Inten-ogatories (c) the dates you lived at each ADDRESS.
2.0Gen6ral Background Information—Individual I I 2.6 State:
3.0 General Background Information—Business Entity (a) the name. ADDRESS, and telephone number of your
4.0 Insurance present employer or place of self-employment; and
5.r^ [Reserved]
e.OPhysical, Mental, or Emotional Injuries (b) the name, ADDRESS, dates of employment, job title,
7.0 Property Damage and nature of work for each employer or self-
S.OLoss of Income or Eaming Capacity employment you have had from five years before the
g.OOther Damages INCIDENT until today.
lO.OMedical History I I 2.7 State:
11.OOther Claims and Previous Claims
(a) the name and ADDRESS of each school or other
12.0 Investigation—General
academic or vocational institution you have attended,
13.0 Investigation—Surveillance
beginning with high school;
14.0 Statutory or Regulatory Violations
IS.ODenials and Special or Affirmative Defenses (b) the dates you attended;
16.0 Defendant's Contentions Personal Injury (c) the highest grade level you have completed; and
17.0 Responses to Request for Admissions (d) the degrees received.
IS.O^Rese/vecf/
19.0/^Resen/ec(/ I I 2.8 Have you ever been convicted of a felony? If so, for
2O.OH0W the Incident Occurred—Motor Vehicle each conviction state:
25.0/'ReserveQ[/ (a) the city and state where you were convicted;
30.0/iResen/eaf; (b) the date of conviction;
40.0^Reservec// (c) the offense; and
SO.OContract
60.0;Reserveo7 (d) the court and case number.
70.0Unlawful Detainer [See separate fomn DISC-003] I I 2.9 Can you speak English with ease? If not, what
lOI.OEconomic Litigation [See separate fonv DISC-004] language and dialect do you normally use?
200.0Employment Law [See separate form DISC-002] Family I I 2.10 Can you read and write English with ease? If not,
Law ^See separate form FL-145] what language and dialect do you normally use?
DISC-001 [Rav. January 1, 20081 Page 2 of 8
FORM INTERROGATORIES—GENERAL
DISC-001
1 I 2.11 At the time ofthe INCIDENT were you acting as an I I 3.4 Are you a joint 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 during the
PERSON: and past 10 years and the dates each was used;
(b) a description of your duties. (c) the name and ADDRESS of each joint venturer; and
I I 2.12 At the time of the INCIDENT did you or any other (d) the ADDRESS of the principal place of business.
person have any physical, emotional, or mental disability or
, condition Unat may have contributed to the occunence ofthe I I 3.5 Are you an unincorporated association? If so, state:
INCIDENT? If so, for each person state: (a) the curi-ent unincorporated association name;
(a) the name, ADDRESS, and telephone number; ^b) all otiier names used by the unincorporated
(b) the nature of the disability or condition; and association during the past 10 years and the dates
(c) the manner in which the disability or condition each was used; and
contributed to the occurrence of Uie INCIDENT. (c) tiie ADDRESS of the principal place of business.
I I 2.13 Within 24 hours before the INCIDENT did you or any I I 3.6 Have you done business under a fictitious name during
person involved in the INCIDENT use or take any of the the past 10 years? If so. for each fictitious name state:
following substances: alcoholic beverage, marijuana, or
other drug or medication of any kind (prescription or not)? If (a) the name;
so, for each person state: (b) the dates each was used;
(a) the name, ADDRESS, and telephone number; (c) the state and county of each fictitious name filing; and
(b) the nature or description of each substance; (d) the ADDRESS of the principal place of business.
(c) the quantity of each substance used or taken; I I 3.7 Within the past five years has any public entity
(d) the date and time of day when each substance was registered or licensed your business? If so, for each license
used or taken; or registration:
(e) the ADDRESS where each substance was used or (a) identify the license or registration;
taken;
(b) state the name of the public entity; and
(f) the name, ADDRESS, and telephone number of each
person who was present when each substance was (c) state the dates of issuance and expiration.
used or taken; and 4.0 Insurance
(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 prescribed or policy of insurance through which you were or might be
furnished the substance and the condition for which it insured in any manner (for example, primary, pro-rata, or
was prescribed or furnished. excess liability coverage or medical expense coverage) for
3.0 General Background information—Business Entity the damages, claims, or actions Uiat have arisen out of the
INCIDENT? If so, for each policy state:
I I 3.1 Are you a corporation? If so, state:
(a) the name stated in the current articles of incorporation; (a) the kind of coverage;
(b) all other names used by the corporation during the past (b) the name and ADDRESS of the insurance company;
10 years and the dates each was used; (c) the name, ADDRESS, and telephone number of each
(c) the date and place of incorporation; named Insured;
(d) the ADDRESS of the principal place of business; and (d) Uie policy number;
(e) whether you are qualified to do business in California.
(e) the limits of coverage for each type of coverage
I I 3.2 Are you a partnership? If so, state: contained in the policy;
(a) the cunrent partnership name;
(f) whether any reservation of rights or controversy or
(b) all other names used by the partnership during the past coverage dispute exists between you and the
10 years and the dates each was used; insurance company; and
(c) whether you are a limited partnership and, if so, under (g) the name. ADDRESS, and telephone number of the
the laws of what jurisdiction; custodian of the policy.
(d) the name and ADDRESS of each general partner; and I 1 4.2 Are you self-insured under any statute for the
(e) the ADDRESS of Uie principal place of business. damages, claims, or actions that have arisen out of tiie
I I 3.3 Are you a limited liability company? If so. state: INCIDENT? If so, specify the statute.
(a) the name stated in the current articles of organization; 5.0 [Resen/ed]
(b) all other names used by the company during the past 6.0 Physical, Mental, or Emotional Injuries
10 years and the date each was used; I I 6.1 Do you attribute any physical, mental, or emotional
(c) the date and place of filing ofthe articles of injuries to the INCIDENT? (If your answer is "no," do not
organization; enswer interrogatories 6.2 through 6.7).
(d) the ADDRESS of the principal place of business; and I I 6.2 Identify each injury you attribute to the INCIDENT and
(e) whether you are qualified to do business in Califomia. the area of your body affected.
OISC-OOI [Rev. January 1. 2008| FORM INTERROGATORIES—GENERAL Page 3 ot 8
DISC-001
I I 6.3 Do you still have any complaints that you attribute to the (c) state the amount of damage you are claiming for
INCIDENT? If so, for each complaint state: each item of property and how the amount was
(a) a description; calculated; and
(b) whether the complaint is subsiding, remaining the (d) if the property was sold, state the name, ADDRESS,
same, or becoming worse; and and telephone number of the seller, the date of sale,
and the sale price.
(c) the frequency and duration.
I I 6.4 Did you receive any consultation or examination (except I I 7.2 Has a written estimate or evaluation been made for any
from expert witnesses covered by Code of Civil Procedure item of property referred to in your answer to the preceding
sections^2034;210-2034.310) or treatment from a HEALTH inten-ogatory? If so, for each estimate or evaluation state:
«
CARE PROVIDER for any injury you attribute to the
(a) the name, ADDRESS, and telephorie number of the
INCIDENT? If so, for each HEALTH CARE PROVIDER
PERSON who prepared it and the date prepared;
state:
(b) Uie name, ADDRESS, and telephone number of each
(a) the name; ADDRESS, and telephone number;
PERSON who has a copy of it; and
(b) the type of consultation, examination, or treatment
(c) tiie amount of damage stated.
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 intenrogatory 7.1 been repaired? If so, for each item state:
(d) the charges to date. (a) the date repaired;
I I 6.5 Have you taken any medication, prescribed or not, as a (b) a description of the repair;
result of injuries that you attribute to the INCIDENT? If so,
(c) the repair cost;
for each medication state:
(d) Uie name, ADDRESS, and telephone number of the
(a) the name;
PERSON who repaired it;
(b) the PERSON who prescribed or furnished it;
(e) the name. ADDRESS, and telephone number of the
(c) the date it was prescribed or furnished; PERSON who paid for the repair.
(d) the dates you began and stopped taking it; and
8.0 Loss of Income or Earning Capacity
(e) the cost to date.
I I 8.1 Do you attribute any loss of income or eaming capacity
I I 6.6 Are there any other medical services necessitated
to the INCIDENT? (If your answer Is "no," do not answer
by the injuries that you attribute to the INCIDENT that
Interrogatories 8.2 through 8.8).
were not 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 titie at the time of tiie INCIDENT; and
(c) the cost; and (c) the date your employment began.
(d) the name, ADDRESS, and telephone number I I 8.3 State the last date before the INCIDENT that you
of each provider. 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
and how the amount was calculated.
tiiat you attribute to the INCIDENT? If so, for each injury
state: 1 I 8.5 State the date you retumed to work at each place of
(a) the name and A D D R E S S of each HEALTH C A R E employment following the INCIDENT.
PROVIDER;
I I 8.6 State the dates you did not work and for which you lost
(b) the complaints for which the treatment was income as a result of Uie INCIDENT.
advised; and
I I 8.7 State the total income you have lost to date as a result
(c) the nature, duration, and estimated cost of
of the INCIDENT and how the amount was calculated.
the treatment.
7.0 Property Damage 8.8 Will you lose income in the future as a result of the
INCIDENT? If so. State:
I I 7.1 Do you attribute any loss of or damage to a vehicle or
other property to the INCIDENT? If so, for each item of (a) the facts upon which you base this contention;
property: (b) an estimate of the amount;
(a) describe the property; (c) an estimate of how long you will be unable to work;
(b) describe the nature and location of the damage to the and
property;
(d) how the daim for future income is calculated.
DISC-001 [Rev. January 1.2008] Page 4 of 8
FORM INTERROGATORIES—GENERAL
DISC-001
9.0 Other Damages (c) the court, names of the parties, and case number of
any action filed;
I I 9.1 Are there any other damages that you attribute to the
(d) the name, ADDRESS, and telephone number of any
INCIDENT? If so, for each item of damage state:
attorney representing you;
(a) the nature; (e) whether Uie claim or action has been resolved or is
pending; and
(b) the date it occurred;
(f) a description of the injury.
(c) the amount; and I I 11.2 In the past 10 years have you made a written claim or
(d) the name, ADDRESS, and telephone number of each demand for wori
19
20
PROPOUNDING PARTY SAJIDA ZAMAN
21
RESPONDING PARTY LIQUI-BOX CORPORATION
SET NUMBER ONE (1)
23
PLAINTIFF SAJIDA ZAMAN'S SPECIAL INTERROGATORIES TO DEFENDANT
LIQUI-BOX CORPORATION (SET FOUR)
J TO DEFENDANT LIQUI-BOX CORPORATION AND ITS ATTORNEY OF RECORD:
Pursuant to Califomia Code of Civil Procedure Section 2033.010, et seq., Plaintiff,
3
SAJIDA ZAMAN, ("Plaintiff"), by its undersigned counsel, hereby requests that DEFENDANT,
4 LIQUI-BOX CORPORATION, admit, deny, or otherwise respond to the following requests for
5 admission, under oath, in accordance with all applicable statutes, mles and Instmctions set forth
6 below.
7 For each response to a request for admission that is anything other than an unqualified
admission, Plaintiff, by its undersigned counsel, also hereby requests that Responding Party
respond to Form Interrogatory—General, Set One (1), No. 17.1 and Form
9
Interrogatory—Employment Law, Set One (1), No. 217.1 served concurrently with these
10
requests.
REOUESTS FOR ADMISSION
REQUEST FOR ADMISSION NO. 1 ADMIT that after Plaintiff signed the
14 "Liqui-Box Sacramento AS 1059 Employee INVESTIGATION FORM," YOU added the
15 words "pushing mega tote" and "muscle swelling".
16 REQUEST FOR ADMISSION NO. 2 ADMIT that YOU never trained Plaintiff that
1? Plaintiff must"immediately report" any and all sensations of pain regardless of whether
Plaintiff knows the pain is from an injury.
18
REQUEST FOR ADMISSION NO. 3 ADMIT that YOU never trained Plaintiff in how
19
to recognize early signs of cimiulative trauma injiuies such as a strained knee or a
20
strained hamstring muscle.
21
-)j
23
PLAINTIFF SAJIDA ZAMAN'S SPECIAL INTERROGATORIES TO DEFENDANT
LIQUI-BOX CORPORATION (SET FOUR)
REQUEST FOR ADMISSION NO. 4 Admit that YOU require all injured employees
to report their injuries on YOUR form entitled "AS 1059 Employee INVESTIGATION
3
FORM."
4
REQUEST FOR ADMISSION NO. 5 ADMIT that Plaintiff's injuries were cumulative
5 in nature, caused by repeated trauma incurred over time.
6 REQUEST FOR ADMISSION NO. 6 ADMIT that Plaintiff's injuries were not caused
7 by any single event.
8 REQUEST FOR ADMISSION NO. 7 ADMIT that Plaintiff's injuries were not caused
9 by an accident
10 REQUEST FOR ADMISSION NO. 8 ADMIT that Plaintiff's strained knee injury was
diagnosed no sooner than January 3rd, 2019
J REQUEST FOR ADMISSION NO. 9 ADMIT that Plaintiff's strained hamstring
muscle injury was diagnosed no sooner than January 3rd, 2019
13
REQUEST FOR ADMISSION NO. 10 ADMIT that did not discuss Plaintiff's rights
14
under the Fair Employment and Housing Act, at any time during YOUR 2019
15
investigation of Plaintiff's alleged violation of LIQUI-BOX's "Critical Safety Behavior
16
policy
17
REQUEST FOR ADMISSION NO. 11 ADMIT that Plaintiff's work restrictions of
18
January 3, 2019 did not prohibit Plaintiff from performing all of Plaintiff's "essential
19
functions" as a packer.
20
REQUEST FOR ADMISSION NO. 12 ADMIT that LIQUI-BOX's "Critical Safety
Behavior policy" does not require employees to "immediately report" all physical pain
22 unless and imtil the employee learns that the pain is connected to an actual injiuy.
23
PLAINTIFF SAJIDA ZAMAN'S SPECIAL INTERROGATORIES TO DEFENDANT
LIQUI-BOX CORPORATION (SET FOUR)
1 REQUEST FOR ADMISSION NO. 13 ADMIT that LIQUI-BOX's "Critical Safety
Behavior policy" did not require Plaintiff to report pain unless and until Plaintiff
3
identified the pain as connected to a workplace injury.
4
REQUEST FOR ADMISSION NO. 14 ADMIT that, at the time that YOU contend
5 Plaintiff "felt a pull in her knee" while pushing the mega tote cart, it was reasonable for
^ Plaintiff to not yet know that the sensation she felt was due to a strained hamstring
muscle
8 REQUEST FOR ADMISSION NO. 15 ADMIT that YOU never trained Plaintiff how to
9 recognize and "immediately report" an injury that involves gradually worsening
]0 symptoms over time.
REQUEST FOR ADMISSION NO. 16 ADMIT that YOU never trained Plaintiff in how
to distinguish bodily sensations that are necessarily indicative of a workplace injury, from
12
those that are not necessarily indicative of a workplace injury, such as soreness due to
13
fatigue.
14
REQUEST FOR ADMISSION NO. 17 ADMIT that YOU never trained Plaintiff that
15
Plaintiff must "immediately report" any and all "pulling" sensations in Plaintiff's
16
muscles, whether or not they know the sensation is coimected to an injury
17
REQUEST FOR ADMISSION NO. 18 ADMIT that when YOU procured Plaintiff's
18
signature on LIQUI-BOX's "Critical Safety Behavior policy," YOU did not disclose to
19
Plaintiff the fact that in March 2018 the U.S. Department of Labor's Occupational Safety
20
and Health Administration (OSHA) cited YOU for serious and repeated violations of
^' machine safety procedures
77
PLAINTIFF SAJIDA ZAMAN'S SPECIAL INTERROGATORIES TO DEFENDANT
LIQUI-BOX CORPORATION (SET FOUR)
REQUEST FOR ADMISSION NO. 19 ADMIT that when YOU procured Plaintiff's
2
signature on LIQUI-BOX's "Critical Safety Behavior policy," YOU did not disclose to
3
Plaintiff the fact that in March 2018 the U.S. Department of Labor's Occupational Safety
4 and Health Administration (OSHA) cited YOU for failing to adequately train YOUR
5 employees on safety processes.
6 REQUEST FOR ADMISSION NO. 20 ADMIT that when YOU procured Plaintiff's
7 signature on LIQUI-BOX's "Critical Safety Behavior policy," YOU did disclose to
8 Plaintiff the fact that in March 2018 the U.S. Department of Labor's Occupational Safety
9 and Health Administration (OSHA) cited YOU for failing to complete required audits of
]0 YOUR safety processes,
REQUEST FOR ADMISSION NO. 21 ADMIT that when YOU procured Plaintiff's
II
signature on LIQUI-BOX's "Critical Safety Behavior policy," YOU did not disclose to
12
Plaintiff the fact that in March 2018 the U.S. Department of Labor's Occupational Safety
13
and Health Administration (OSHA) convicted YOU of exposing an employee to serious
14
injury by failing to take necessary and well-known safety precautions, including
15
"Lock-Out Tag-Out."
16
REQUEST FOR ADMISSION NO. 22 ADMIT that YOU knew, at the time YOU
17
created the write-up of YOUR "4 Panel EHS Disciplinary Review," which YOU
18
produced as LBC000062-63, that Plaintiff was not diagnosed with "a left knee and
19
hamstring sprain."
20 REQUEST FOR ADMISSION NO. 23 ADMIT that the person who first diagnosed
' Plaintiff's injury, Angela Serpa, N.P., was not a licensed physician
22
23
PLAINTIFF SAJIDA ZAMAN'S SPECIAL INTERROGATORIES TO DEFENDANT
LIQUI-BOX CORPORATION (SET FOUR)
Dated: May 24, 2022 FALAKASSA LAW, P.C.
LIBERTY MAN LAW, P.C.
4
5 BY:
6
JOSHUA S. FALAKASSA
7 ARASH KHOSROWSHAHI
Attomeys for Plaintiff SAJIDA ZAMAN
8
9
10
13
14
15
16
17
18
19
20
21
22
23
PLAINTIFF SAJIDA ZAMAN'S SPECIAL INTERROGATORIES TO DEFENDANT
LIQUI-BOX CORPORATION (SET FOUR)
EXHIBIT C
JOSHUA S. FALAKASSA (SBN: 295045)
FALAKASSA LAW, P.C.
2 1901 Avenue ofthe Stars Suite #450
3 Los Angeles, Califomia 90067
Tel.: (818) 456-6168; Fax: (888) 505-0868
4 Email: josh@falakassalaw.com
5 ARASH S. KHOSROWSHAHI (SBN: 293246)
L I B E R T Y MAN LAW, P.C.
6 1010 F Street, Ste. 300
Sacramento, Califomia 95814
1 Tel.: (916) 573-0469; Fax: (866) 700-0787
Email: ash@libertymanlaw.com
8 Attomeys for Plaintiff,
9 SAJIDAZAMAN
SUPERIOR COURT OF CALIFORNIA
10
COUNTY OF SACRAMENTO
11
12
SAJIDA ZAMAN, Case No.: 34-2019-00252121
13 RESERVATION ID: 2656705
14 Plaintiff,
vs. PROOF OF SERVICE
15
LIQUI-BOX CORPORATION, and DOES 1 Concurrently-filed with Plaintiff's Motion to
16 Compel Discovery Responses and Monetary
through 20, inclusive, Sanctions
17 Defendants.
18
19
20
21
22
23
24
25
26
27
28
PROOF OF SERVICE
PROOF OF SERVICE
2 I am employed in the County of Sacramento, State of Califomia. I am over the age of eighteen
years and not a party to the within action; my business address is Liberty Man Law, P.C, 1010 F Street,
3 Ste. 300, Sacramento, Califomia 95814.
4 On June 29, 2022,1 served the following document(s) described as
5 [ 1. NOTICE OF MOTION AND MOTION FOR REQUESTS FOR ADMISSIONS, SET
ONE (1), BE DEEMED ADMITTED, AND MONETARY SANCTIONS;
6
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR
7 REQUESTS FOR ADMISSIONS, SET ONE (1), BE DEEMED ADMITTED, AND
MONETARY SANCTIONS;
8
DECLARATION OF ARASH S. KHOSROWSHAHI IN SUPPORT OF MOTION FOR
9 REQUESTS FOR ADMISSIONS, SET ONE (1), BE DEEMED ADMITTED, AND
MONETARY SANCTIONS; and
10
[PROPOSED] ORDER GRANTING MOTION FOR REQUESTS FOR ADMISSIONS,
11 SET ONE (1), BE DEEMED ADMITTED, AND MONETARY SANCTIONS
12 on counsel for Defendant Liqui-Box Corporation in this action as follows:
13 JACKSON LEWIS P.C. JACKSON LEWIS P.C.
James Jones Kelsey Morris
14 400CapitolMall, Suite 1600 400 Capitol Mall, Suite 1600
Sacramento, CA 95814 Sacramento, CA 95814
15 Email: James.Jones@jacksonlewis.com Email: Kelsey.Morris@jacksonlewis.com
16 Pursuant to Emergency Rule 12 and Code of Civil Procedure § 1010.6,1 delivered a tme and correct
copy of each of the documents listed above in electronic format from my business email address,
17 ash@libertymanlaw.com, to the email addresses listed above.
18 1 declare under penalty of perjury under the laws of the State of Califomia that the foregoing is tme
and correct.
19 Executed on June 29, 2022, at Sacramento, Califomia.
20
21
22
23 ARASH S. KHOSROWSHAHI
24
25
26
27
28
PROOF OF SERVICE
JOSHUA S. FALAKASSA (SBN: 295045)
FALAKASSA LAW, P.C.
2 1901 Avenue ofthe Stars Suite # 450
3 Los Angeles, Califomia 90067
Tel.: (818) 456-6168; Fax: (888) 505-0868
4 Erriail: josh@falakassalaw.com
5 ARASH S. KHOSROWSHAHI (SBN: 293246)
L I B E R T Y MAN LAW, P.C.
6 1010 F Street, Ste. 300
Sacramento, Califomia 95814
.7 Tel.: (916) 573-0469; Fax: (866) 700-0787
Eniail: ash@libertymanlaw.com
8
Attomeys for Plaintiff,
SAJIDA ZAMAN
9
SUPERIOR COURT OF CALIFORNIA
10
COUNTY OF SACRAMENTO
11
12
SAJIDA ZAMAN, Case No.: 34-2019-00252121
13 RESERVATION ID: 2656706
14 Plaintiff,
PROOF OF SERVICE
vs.
15
LIQUI-BOX CORPORATION, and DOES 1 Concurrently-filed with Plaintiff's Motion to
16 Deem Requests for Admissions Admitted
through 20, inclusive. and Monetary Sanctions
17
Defendants.
18
19
20
21
22
23
24
25
26
27
28
PROOF OF SERVICE
1 PROOF OF SERVICE
2 I am employed in the Coun
Preview
JOSHUA S. FALAKASSA (SBN: 295045) FALAKASSA LAW, P.C. 2 1901 Avenue ofthe Stars Suite # 450 3 Los Angeles, Califomia 90067 Tel.: (818) 456-6168; Fax: (888) 505-0868 4 Email: josh@falakassalaw.com 5 ARASH S. KHOSROWSHAHI (SBN: 293246) 6 L I B E R T Y MAN LAW, P.C. lOlOFStreet, Ste. 300 7 Sacramento, Califomia 95814 Tel.: (916) 573-0469; Fax: (866) 700-0787 8 Email: ash@libertymanlaw.com 9 Attomeys for Plainfiff, 10 SAJIDA ZAMAN 11 SUPERIOR COURT OF CALIFORNIA 12 COUNTY OF SACRAMENTO BY FAX 13 14 SAJIDA ZAMAN, CASE NO.: 34-2019-00252121 15 •Plainfifif, DECLARATION OF ARASH S. 16 KHOSROWSHAHI IN SUPPORT OF E X vs. PARTE APPLICATION FOR ORDER (1) 17 SPECIALLY SETTING HEARINGS ON LIQUI-BOX CORPORATION, and DOES 1 18 through 20, inclusive. DISCOVERY MOTIONS; OR ALTERNATIVELY (2) SEEKING 19 Defendants. HEARINGS ON DISCOVERY MOTIONS ON SHORTENED TIME. 20 Date: August 11,2022 21 Time: 9:15am 22 Dept.: 53 Trial Date: September 12, 2022 23 24 I , ARASH KHOSROWSHAHI, declare as follows: 25 1. I am an attomey licensed to practice law in the State of Califomia. My State Bar Number 26 is 293246. 27 2. I represent Plaintiff Sajida Zaman ("Plaintiff') in the above-entitled action. I have 28 knowledge of the facts stated herein and can testify competently thereto. DECLARATION OF ARASH KHOSROWSHAHI IN SUPPORT 1 of 3 1 3. On May 27, 2022 Plaintifif served her second set of Form Interrogatories—General 2 propounded against Defendant via email. (Attached as Exhibit A is a true and correct 3 copy of Plaintiff Sajida Zaman's Form Interrogatories—General, Set Two.) The 4 interrogatories were concurrently served with Plaintiffs Requests for Admissions to 5 Defendant Liqui-Box Corporation (Set One) (Attached as Exhibit B is a tme and correct 6 copy of Plaintifif Sajida Zaman's Requests for Admissions, Set One), and contained a 7 single interrogatory. No. 17.1, which required the Defendant to provide all facts, 8 witnesses, and documents in support of any denial or qualified admission to the Requests 9 for Admissions. (See Exhibit A.) 10 4. The Requests for Admissions themselves in relevant part asked Defendant to admit 11 information regarding: (1) Plaintiff not being trained on the CSB immediate reporting 12 requirement; (2) not being trained on recognizing signs of cumulative trauma injuries or 13 gradually worsening symptoms such as her strained knee/hamstring muscle; (3) that 14 PlaintifPs injury was cumulative in nature caused by repeated trauma over time and not 15 caused by a single event accident; (4) that Plaintiffs injury was not diagnosed sooner than 16 January 3, 2019; (5) that Defendant never discussed Plainfiff s rights under the FEHA 17 during her alleged late reporting; (6) that Plaintiffs work restrictions did not prohibit her 18 from performing all of her essential job functions; (7) that the CSB policy does not require 19 employees to immediately report all physical pain unfil they leam their pain is connected 20 to an injury; and (8) Plaintiff never being trained on distinguishing bodily sensations such 21 as soreness due to fatigue, from workplace injuries. (See Exhibit B, Requests for 22 Admissions Nos. 1 through 23.) 23 5. Because Defendant did not timely serve responses or objections. Plaintiff thereafter filed 24 her motion to compel on Form Interrogatories—General, Set Two (Res. ID: 2656706) and 25 motion to deem admitted the Requests for Admissions, Set One (Res. ID: 2656705) to be 26 heard on September 1 2022. 27 28 DECLARATION OF ARASH KHOSROWSHAHI IN SUPPORT 2 of 3 1 6. Plaintiff previously sought ex parte relief in this matter on August 5, 2022. Plaintiffs 2 previous application was granted in part. (See Exhibit A to Plaintiff Sajida Zaman's 3 Request for Judicial Notice in Support.) 4 7. PlaintifiPs discovery motions for her Requests for Admissions, Set 1, and Form 5 Interrogatories—General, Set 2, were filed and timely served upon Defendant on or about 6 June 29, 2022. (Attached as Exhibit C are tme and correct copies of the proofs of service 7 of each motion.) 8 8. I called Defendant's counsel Mr. James Jones at Jackson Lewis, P.C. at 9:23am 9 Wednesday, August 10, 2022, and left him a voicemail giving him ex parte notice that 10 Plaintiff was seeking to specially set hearings for Plaintiffs discovery motions set on 11 September 1, 2022 to August 25, 2022, or August 26, 2022; or in the altemative set 12 hearings for Plaintiffs discovery motions on shortened time, with Defendant's opposition 13 papers to be filed and served five court days and Plaintiffs reply papers to be filed and 14 served two court days prior to the Court's chosen hearing date per Local Rule 2.35(B). I 15 informed Mr. Jones the hearing was scheduled for August 11, 2022, at 9:15am in 16 Department 53. At the time of this filing Mr. Jones did not indicate that he would oppose 17 the ex parte application. 18 I declare under penalty of perjury under the laws of the State of Califomia that the 19 foregoing is true and correct. 20 Dated: August 10, 2022 21 22 By: Arash S. Khosrowshahi 23 Attomey for Plaintiff Sajida Zaman 24 25 26 27 28 DECLARATION OF ARASH KHOSROWSHAHI IN SUPPORT 3 of 3 EXHIBIT A DISC-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Barnumber. and address): ARASH S. KHOSROWSHAHI (SBN: 293246) LIBERTY MAN LAW, P.C, 1010 F Street, Ste. 300, Sacramento, CA 95814 TELEPHONENO.: 916.573.0469 FAX NO. (Optional): 866.700.0787 E-MAILADDRESS (Optional): ash@libertvmanlaw.com ATTORNEY FOR (Name): SAJ1 DA ZAMAN SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO SHORT TITLE OF CASE: ZAMAN V. LIQUI-BOX CORPORATION, et al. FORM INTERROGATORIES—GENERAL CASE NUMBER: 34-2019-00252121 Asking Party: LIQUI-BOX CORPORATION Answering Party: SAJIDAZAMAN Set No.: 2 Sec. 1. Instructions to All Parties (C) Each answer must be as complete and straightforward as (a) Interrogatories are written questions prepared by a party to an the information reasonably available to you. Including the action that are sent to any other party In the action to be information possessed by your attorneys or agents, pennits. answered under oath. The interrogatories below are fonn If an Interrogatory cannot be answered completely, answer it Inten-ogatories approved for use in civil cases. to the extent possible. (b) For time limitations, requirements for service on other parties, (d) If you do not have enough personal knowledge to fully and other details, see Code of Civil Procedure sections answer an interrogatory, say so, but make a reasonable and 2030.010-2030.410 and the cases construing those sections. good faith effort to get the information by asking other (c) These form interrogatories do not change existing law persons or organizations, unless the information is equally relating to interrogatories nor do they affect an answering available to the asking party. party's right to assert any privilege or make any objection. (e) Whenever an interrogatory may be answered by referring to Sec. 2. Instructions to the Asking Party a document, the document may be attached as an exhibit to (a) These interrogatories are designed for optional use by parties the response and referred to in the response. If the In unlimited civil cases where the amount demanded exceeds document has more than one page, refer to the page and $25,000. Separate interrogatories, Form Interrogatories— section where the answer to the interrogatory can be found. Umlted Civil Cases (Economic Litigation) (form DISC-004), (f) Whenever an address and telephone number for the same which have no subparts, are designed for use In limited civil person are requested in more than one interrogatory, you cases where the amount demanded is $25,000 or less; are required to fumish them in answering only the first however, those interrogatories may also be used in unlimited interrogatory asking for that Information. civil cases. (b) Check the box next to each interrogatory that you want the (g) If you are asserting a privilege or making an objection to an answering party to answer. Use care In choosing those interrogatory, you must specifically assert the privilege or Interrogatories that are applicable to the case. state the objection in your written response. (c) You may insert your own definition of INCIDENT in Section 4, (h) Your answers to these interrogatories must be verified, but only where the action arises from a course of conduct or a dated, and signed. You may wish to use the following form series of events occumng over a period of time. at the end of your answers: (d) The interrogatories in section 16.0, Defendant's Contentions- / declare underpenalty of perjury under the laws of the State of Personal Injury, should not be used until the defendant has Califomia that the foregoing answers are true and conrect. had a reasonable opportunity to conduct an investigation or discovery of plaintiffs injuries and damages. (e) Additional Interrogatories may be attached. (Date) (SIGNATURE) Sec. 3. Instructions to the Answering Party Sec. 4. Definitions (a) An answer or other appropriate response must be given to Words in BOLDFACE CAPITALS in these inten-ogatories are each interrogatory checked by the asking party. defined as follows: (b) As a general rule, within 30 days after you are served with (a) (Check one ofthe following): these Inten-ogatories, you must serve your responses on the I I (1) INCIDENT Includes the circumstances and asking party and serve copies of your responses on all other events surrounding the alleged accident, injury, parties to the action who have appeared. See Code of Civil or other occurrence or breach of contract giving Procedure sections 2030.260-2030.270 for details. rise to this action or proceeding. Page 1 of 8 Form Approved (or Oplional Use Code o( Civil Procedure. §§ Judicial Council ol Califomia FORM INTERROGATORIES—GENERAL 2030.019-2030.410. 2033.710 DISC-001 [Rev. January 1. 2008] www.courts.ca.gov DISC-001 (2) INCIDENT means (insert your definition here or on a 1.0 Identity of Persons Answering These Interrogatories separate, attached sheet labeled "Sec. 4(a)(2)"): I 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 inten-ogatories. (Do not Identify anyone who simply typed or reproduced the responses.) 2.0 General Background Information individual— (b) YOU OR ANYONE ACTING ON YOUR BEHALF includes I I 2.1 Slate: you, your agents, your employees, your insurance (a) your name; companies, their agents, their employeeSf.your attomeys, (b) every name you have used In the past; and your accountants, your investigators, and anyone else acting (c) the dates you used each name. on your behalf. I I 2.2 State the date and place of your birth. (c) PERSON includes a natural person, firm, association, organization, partnership, business, trust, limited liability I I 2.3 At the time of the INCIDENT, did you have a driver's company, corporation, or public entity. license? If so state: (d) DOCUMENT means a writing, as defined In Evidence Code (a) the state or other issuing entity; section 250, and includes the original or a cppy of (b) the license number and type; handwriting, typewriting, printing, photostats, photographs, (c) U-ie date of issuance; and electronically stored Information, and every other means of (d) all restrictions. recording upon any tangible thing and form of communicating 1 I 2.4 At tiie time of the INCIDENT, did you have any other or representation, including letters, words, pictures, sounds, permit or license for the operation of a motor vehicle? If so, or symbols, or combinations of them. state: (e) HEALTH CARE PROVIDER includes any PERSON referred to in Code of Civil Procedure section 667.7(e)(3). (a) the state or other issuing entity; (0 ADDRESS means the street address, including the city, (b) the license number and type; state, and zip code. (c) the date of issuance; and (d) ail restrictions. Sec. 5. Interrogatories I I 2.5 State: The following interrogatories have been approved by the Judicial (a) your present residence ADDRESS; Council under Code of Civil Procedure section 2033.710: (b) your residence ADDRESSES for the past five years; CONTENTS and I.OIdentity of Persons Answering These Inten-ogatories (c) the dates you lived at each ADDRESS. 2.0Gen6ral Background Information—Individual I I 2.6 State: 3.0 General Background Information—Business Entity (a) the name. ADDRESS, and telephone number of your 4.0 Insurance present employer or place of self-employment; and 5.r^ [Reserved] e.OPhysical, Mental, or Emotional Injuries (b) the name, ADDRESS, dates of employment, job title, 7.0 Property Damage and nature of work for each employer or self- S.OLoss of Income or Eaming Capacity employment you have had from five years before the g.OOther Damages INCIDENT until today. lO.OMedical History I I 2.7 State: 11.OOther Claims and Previous Claims (a) the name and ADDRESS of each school or other 12.0 Investigation—General academic or vocational institution you have attended, 13.0 Investigation—Surveillance beginning with high school; 14.0 Statutory or Regulatory Violations IS.ODenials and Special or Affirmative Defenses (b) the dates you attended; 16.0 Defendant's Contentions Personal Injury (c) the highest grade level you have completed; and 17.0 Responses to Request for Admissions (d) the degrees received. IS.O^Rese/vecf/ 19.0/^Resen/ec(/ I I 2.8 Have you ever been convicted of a felony? If so, for 2O.OH0W the Incident Occurred—Motor Vehicle each conviction state: 25.0/'ReserveQ[/ (a) the city and state where you were convicted; 30.0/iResen/eaf; (b) the date of conviction; 40.0^Reservec// (c) the offense; and SO.OContract 60.0;Reserveo7 (d) the court and case number. 70.0Unlawful Detainer [See separate fomn DISC-003] I I 2.9 Can you speak English with ease? If not, what lOI.OEconomic Litigation [See separate fonv DISC-004] language and dialect do you normally use? 200.0Employment Law [See separate form DISC-002] Family I I 2.10 Can you read and write English with ease? If not, Law ^See separate form FL-145] what language and dialect do you normally use? DISC-001 [Rav. January 1, 20081 Page 2 of 8 FORM INTERROGATORIES—GENERAL DISC-001 1 I 2.11 At the time ofthe INCIDENT were you acting as an I I 3.4 Are you a joint 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 during the PERSON: and past 10 years and the dates each was used; (b) a description of your duties. (c) the name and ADDRESS of each joint venturer; and I I 2.12 At the time of the INCIDENT did you or any other (d) the ADDRESS of the principal place of business. person have any physical, emotional, or mental disability or , condition Unat may have contributed to the occunence ofthe I I 3.5 Are you an unincorporated association? If so, state: INCIDENT? If so, for each person state: (a) the curi-ent unincorporated association name; (a) the name, ADDRESS, and telephone number; ^b) all otiier names used by the unincorporated (b) the nature of the disability or condition; and association during the past 10 years and the dates (c) the manner in which the disability or condition each was used; and contributed to the occurrence of Uie INCIDENT. (c) tiie ADDRESS of the principal place of business. I I 2.13 Within 24 hours before the INCIDENT did you or any I I 3.6 Have you done business under a fictitious name during person involved in the INCIDENT use or take any of the the past 10 years? If so. for each fictitious name state: following substances: alcoholic beverage, marijuana, or other drug or medication of any kind (prescription or not)? If (a) the name; so, for each person state: (b) the dates each was used; (a) the name, ADDRESS, and telephone number; (c) the state and county of each fictitious name filing; and (b) the nature or description of each substance; (d) the ADDRESS of the principal place of business. (c) the quantity of each substance used or taken; I I 3.7 Within the past five years has any public entity (d) the date and time of day when each substance was registered or licensed your business? If so, for each license used or taken; or registration: (e) the ADDRESS where each substance was used or (a) identify the license or registration; taken; (b) state the name of the public entity; and (f) the name, ADDRESS, and telephone number of each person who was present when each substance was (c) state the dates of issuance and expiration. used or taken; and 4.0 Insurance (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 prescribed or policy of insurance through which you were or might be furnished the substance and the condition for which it insured in any manner (for example, primary, pro-rata, or was prescribed or furnished. excess liability coverage or medical expense coverage) for 3.0 General Background information—Business Entity the damages, claims, or actions Uiat have arisen out of the INCIDENT? If so, for each policy state: I I 3.1 Are you a corporation? If so, state: (a) the name stated in the current articles of incorporation; (a) the kind of coverage; (b) all other names used by the corporation during the past (b) the name and ADDRESS of the insurance company; 10 years and the dates each was used; (c) the name, ADDRESS, and telephone number of each (c) the date and place of incorporation; named Insured; (d) the ADDRESS of the principal place of business; and (d) Uie policy number; (e) whether you are qualified to do business in California. (e) the limits of coverage for each type of coverage I I 3.2 Are you a partnership? If so, state: contained in the policy; (a) the cunrent partnership name; (f) whether any reservation of rights or controversy or (b) all other names used by the partnership during the past coverage dispute exists between you and the 10 years and the dates each was used; insurance company; and (c) whether you are a limited partnership and, if so, under (g) the name. ADDRESS, and telephone number of the the laws of what jurisdiction; custodian of the policy. (d) the name and ADDRESS of each general partner; and I 1 4.2 Are you self-insured under any statute for the (e) the ADDRESS of Uie principal place of business. damages, claims, or actions that have arisen out of tiie I I 3.3 Are you a limited liability company? If so. state: INCIDENT? If so, specify the statute. (a) the name stated in the current articles of organization; 5.0 [Resen/ed] (b) all other names used by the company during the past 6.0 Physical, Mental, or Emotional Injuries 10 years and the date each was used; I I 6.1 Do you attribute any physical, mental, or emotional (c) the date and place of filing ofthe articles of injuries to the INCIDENT? (If your answer is "no," do not organization; enswer interrogatories 6.2 through 6.7). (d) the ADDRESS of the principal place of business; and I I 6.2 Identify each injury you attribute to the INCIDENT and (e) whether you are qualified to do business in Califomia. the area of your body affected. OISC-OOI [Rev. January 1. 2008| FORM INTERROGATORIES—GENERAL Page 3 ot 8 DISC-001 I I 6.3 Do you still have any complaints that you attribute to the (c) state the amount of damage you are claiming for INCIDENT? If so, for each complaint state: each item of property and how the amount was (a) a description; calculated; and (b) whether the complaint is subsiding, remaining the (d) if the property was sold, state the name, ADDRESS, same, or becoming worse; and and telephone number of the seller, the date of sale, and the sale price. (c) the frequency and duration. I I 6.4 Did you receive any consultation or examination (except I I 7.2 Has a written estimate or evaluation been made for any from expert witnesses covered by Code of Civil Procedure item of property referred to in your answer to the preceding sections^2034;210-2034.310) or treatment from a HEALTH inten-ogatory? If so, for each estimate or evaluation state: « CARE PROVIDER for any injury you attribute to the (a) the name, ADDRESS, and telephorie number of the INCIDENT? If so, for each HEALTH CARE PROVIDER PERSON who prepared it and the date prepared; state: (b) Uie name, ADDRESS, and telephone number of each (a) the name; ADDRESS, and telephone number; PERSON who has a copy of it; and (b) the type of consultation, examination, or treatment (c) tiie amount of damage stated. 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 intenrogatory 7.1 been repaired? If so, for each item state: (d) the charges to date. (a) the date repaired; I I 6.5 Have you taken any medication, prescribed or not, as a (b) a description of the repair; result of injuries that you attribute to the INCIDENT? If so, (c) the repair cost; for each medication state: (d) Uie name, ADDRESS, and telephone number of the (a) the name; PERSON who repaired it; (b) the PERSON who prescribed or furnished it; (e) the name. ADDRESS, and telephone number of the (c) the date it was prescribed or furnished; PERSON who paid for the repair. (d) the dates you began and stopped taking it; and 8.0 Loss of Income or Earning Capacity (e) the cost to date. I I 8.1 Do you attribute any loss of income or eaming capacity I I 6.6 Are there any other medical services necessitated to the INCIDENT? (If your answer Is "no," do not answer by the injuries that you attribute to the INCIDENT that Interrogatories 8.2 through 8.8). were not 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 titie at the time of tiie INCIDENT; and (c) the cost; and (c) the date your employment began. (d) the name, ADDRESS, and telephone number I I 8.3 State the last date before the INCIDENT that you of each provider. 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 and how the amount was calculated. tiiat you attribute to the INCIDENT? If so, for each injury state: 1 I 8.5 State the date you retumed to work at each place of (a) the name and A D D R E S S of each HEALTH C A R E employment following the INCIDENT. PROVIDER; I I 8.6 State the dates you did not work and for which you lost (b) the complaints for which the treatment was income as a result of Uie INCIDENT. advised; and I I 8.7 State the total income you have lost to date as a result (c) the nature, duration, and estimated cost of of the INCIDENT and how the amount was calculated. the treatment. 7.0 Property Damage 8.8 Will you lose income in the future as a result of the INCIDENT? If so. State: I I 7.1 Do you attribute any loss of or damage to a vehicle or other property to the INCIDENT? If so, for each item of (a) the facts upon which you base this contention; property: (b) an estimate of the amount; (a) describe the property; (c) an estimate of how long you will be unable to work; (b) describe the nature and location of the damage to the and property; (d) how the daim for future income is calculated. DISC-001 [Rev. January 1.2008] Page 4 of 8 FORM INTERROGATORIES—GENERAL DISC-001 9.0 Other Damages (c) the court, names of the parties, and case number of any action filed; I I 9.1 Are there any other damages that you attribute to the (d) the name, ADDRESS, and telephone number of any INCIDENT? If so, for each item of damage state: attorney representing you; (a) the nature; (e) whether Uie claim or action has been resolved or is pending; and (b) the date it occurred; (f) a description of the injury. (c) the amount; and I I 11.2 In the past 10 years have you made a written claim or (d) the name, ADDRESS, and telephone number of each demand for wori 19 20 PROPOUNDING PARTY SAJIDA ZAMAN 21 RESPONDING PARTY LIQUI-BOX CORPORATION SET NUMBER ONE (1) 23 PLAINTIFF SAJIDA ZAMAN'S SPECIAL INTERROGATORIES TO DEFENDANT LIQUI-BOX CORPORATION (SET FOUR) J TO DEFENDANT LIQUI-BOX CORPORATION AND ITS ATTORNEY OF RECORD: Pursuant to Califomia Code of Civil Procedure Section 2033.010, et seq., Plaintiff, 3 SAJIDA ZAMAN, ("Plaintiff"), by its undersigned counsel, hereby requests that DEFENDANT, 4 LIQUI-BOX CORPORATION, admit, deny, or otherwise respond to the following requests for 5 admission, under oath, in accordance with all applicable statutes, mles and Instmctions set forth 6 below. 7 For each response to a request for admission that is anything other than an unqualified admission, Plaintiff, by its undersigned counsel, also hereby requests that Responding Party respond to Form Interrogatory—General, Set One (1), No. 17.1 and Form 9 Interrogatory—Employment Law, Set One (1), No. 217.1 served concurrently with these 10 requests. REOUESTS FOR ADMISSION REQUEST FOR ADMISSION NO. 1 ADMIT that after Plaintiff signed the 14 "Liqui-Box Sacramento AS 1059 Employee INVESTIGATION FORM," YOU added the 15 words "pushing mega tote" and "muscle swelling". 16 REQUEST FOR ADMISSION NO. 2 ADMIT that YOU never trained Plaintiff that 1? Plaintiff must"immediately report" any and all sensations of pain regardless of whether Plaintiff knows the pain is from an injury. 18 REQUEST FOR ADMISSION NO. 3 ADMIT that YOU never trained Plaintiff in how 19 to recognize early signs of cimiulative trauma injiuies such as a strained knee or a 20 strained hamstring muscle. 21 -)j 23 PLAINTIFF SAJIDA ZAMAN'S SPECIAL INTERROGATORIES TO DEFENDANT LIQUI-BOX CORPORATION (SET FOUR) REQUEST FOR ADMISSION NO. 4 Admit that YOU require all injured employees to report their injuries on YOUR form entitled "AS 1059 Employee INVESTIGATION 3 FORM." 4 REQUEST FOR ADMISSION NO. 5 ADMIT that Plaintiff's injuries were cumulative 5 in nature, caused by repeated trauma incurred over time. 6 REQUEST FOR ADMISSION NO. 6 ADMIT that Plaintiff's injuries were not caused 7 by any single event. 8 REQUEST FOR ADMISSION NO. 7 ADMIT that Plaintiff's injuries were not caused 9 by an accident 10 REQUEST FOR ADMISSION NO. 8 ADMIT that Plaintiff's strained knee injury was diagnosed no sooner than January 3rd, 2019 J REQUEST FOR ADMISSION NO. 9 ADMIT that Plaintiff's strained hamstring muscle injury was diagnosed no sooner than January 3rd, 2019 13 REQUEST FOR ADMISSION NO. 10 ADMIT that did not discuss Plaintiff's rights 14 under the Fair Employment and Housing Act, at any time during YOUR 2019 15 investigation of Plaintiff's alleged violation of LIQUI-BOX's "Critical Safety Behavior 16 policy 17 REQUEST FOR ADMISSION NO. 11 ADMIT that Plaintiff's work restrictions of 18 January 3, 2019 did not prohibit Plaintiff from performing all of Plaintiff's "essential 19 functions" as a packer. 20 REQUEST FOR ADMISSION NO. 12 ADMIT that LIQUI-BOX's "Critical Safety Behavior policy" does not require employees to "immediately report" all physical pain 22 unless and imtil the employee learns that the pain is connected to an actual injiuy. 23 PLAINTIFF SAJIDA ZAMAN'S SPECIAL INTERROGATORIES TO DEFENDANT LIQUI-BOX CORPORATION (SET FOUR) 1 REQUEST FOR ADMISSION NO. 13 ADMIT that LIQUI-BOX's "Critical Safety Behavior policy" did not require Plaintiff to report pain unless and until Plaintiff 3 identified the pain as connected to a workplace injury. 4 REQUEST FOR ADMISSION NO. 14 ADMIT that, at the time that YOU contend 5 Plaintiff "felt a pull in her knee" while pushing the mega tote cart, it was reasonable for ^ Plaintiff to not yet know that the sensation she felt was due to a strained hamstring muscle 8 REQUEST FOR ADMISSION NO. 15 ADMIT that YOU never trained Plaintiff how to 9 recognize and "immediately report" an injury that involves gradually worsening ]0 symptoms over time. REQUEST FOR ADMISSION NO. 16 ADMIT that YOU never trained Plaintiff in how to distinguish bodily sensations that are necessarily indicative of a workplace injury, from 12 those that are not necessarily indicative of a workplace injury, such as soreness due to 13 fatigue. 14 REQUEST FOR ADMISSION NO. 17 ADMIT that YOU never trained Plaintiff that 15 Plaintiff must "immediately report" any and all "pulling" sensations in Plaintiff's 16 muscles, whether or not they know the sensation is coimected to an injury 17 REQUEST FOR ADMISSION NO. 18 ADMIT that when YOU procured Plaintiff's 18 signature on LIQUI-BOX's "Critical Safety Behavior policy," YOU did not disclose to 19 Plaintiff the fact that in March 2018 the U.S. Department of Labor's Occupational Safety 20 and Health Administration (OSHA) cited YOU for serious and repeated violations of ^' machine safety procedures 77 PLAINTIFF SAJIDA ZAMAN'S SPECIAL INTERROGATORIES TO DEFENDANT LIQUI-BOX CORPORATION (SET FOUR) REQUEST FOR ADMISSION NO. 19 ADMIT that when YOU procured Plaintiff's 2 signature on LIQUI-BOX's "Critical Safety Behavior policy," YOU did not disclose to 3 Plaintiff the fact that in March 2018 the U.S. Department of Labor's Occupational Safety 4 and Health Administration (OSHA) cited YOU for failing to adequately train YOUR 5 employees on safety processes. 6 REQUEST FOR ADMISSION NO. 20 ADMIT that when YOU procured Plaintiff's 7 signature on LIQUI-BOX's "Critical Safety Behavior policy," YOU did disclose to 8 Plaintiff the fact that in March 2018 the U.S. Department of Labor's Occupational Safety 9 and Health Administration (OSHA) cited YOU for failing to complete required audits of ]0 YOUR safety processes, REQUEST FOR ADMISSION NO. 21 ADMIT that when YOU procured Plaintiff's II signature on LIQUI-BOX's "Critical Safety Behavior policy," YOU did not disclose to 12 Plaintiff the fact that in March 2018 the U.S. Department of Labor's Occupational Safety 13 and Health Administration (OSHA) convicted YOU of exposing an employee to serious 14 injury by failing to take necessary and well-known safety precautions, including 15 "Lock-Out Tag-Out." 16 REQUEST FOR ADMISSION NO. 22 ADMIT that YOU knew, at the time YOU 17 created the write-up of YOUR "4 Panel EHS Disciplinary Review," which YOU 18 produced as LBC000062-63, that Plaintiff was not diagnosed with "a left knee and 19 hamstring sprain." 20 REQUEST FOR ADMISSION NO. 23 ADMIT that the person who first diagnosed ' Plaintiff's injury, Angela Serpa, N.P., was not a licensed physician 22 23 PLAINTIFF SAJIDA ZAMAN'S SPECIAL INTERROGATORIES TO DEFENDANT LIQUI-BOX CORPORATION (SET FOUR) Dated: May 24, 2022 FALAKASSA LAW, P.C. LIBERTY MAN LAW, P.C. 4 5 BY: 6 JOSHUA S. FALAKASSA 7 ARASH KHOSROWSHAHI Attomeys for Plaintiff SAJIDA ZAMAN 8 9 10 13 14 15 16 17 18 19 20 21 22 23 PLAINTIFF SAJIDA ZAMAN'S SPECIAL INTERROGATORIES TO DEFENDANT LIQUI-BOX CORPORATION (SET FOUR) EXHIBIT C JOSHUA S. FALAKASSA (SBN: 295045) FALAKASSA LAW, P.C. 2 1901 Avenue ofthe Stars Suite #450 3 Los Angeles, Califomia 90067 Tel.: (818) 456-6168; Fax: (888) 505-0868 4 Email: josh@falakassalaw.com 5 ARASH S. KHOSROWSHAHI (SBN: 293246) L I B E R T Y MAN LAW, P.C. 6 1010 F Street, Ste. 300 Sacramento, Califomia 95814 1 Tel.: (916) 573-0469; Fax: (866) 700-0787 Email: ash@libertymanlaw.com 8 Attomeys for Plaintiff, 9 SAJIDAZAMAN SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 12 SAJIDA ZAMAN, Case No.: 34-2019-00252121 13 RESERVATION ID: 2656705 14 Plaintiff, vs. PROOF OF SERVICE 15 LIQUI-BOX CORPORATION, and DOES 1 Concurrently-filed with Plaintiff's Motion to 16 Compel Discovery Responses and Monetary through 20, inclusive, Sanctions 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE PROOF OF SERVICE 2 I am employed in the County of Sacramento, State of Califomia. I am over the age of eighteen years and not a party to the within action; my business address is Liberty Man Law, P.C, 1010 F Street, 3 Ste. 300, Sacramento, Califomia 95814. 4 On June 29, 2022,1 served the following document(s) described as 5 [ 1. NOTICE OF MOTION AND MOTION FOR REQUESTS FOR ADMISSIONS, SET ONE (1), BE DEEMED ADMITTED, AND MONETARY SANCTIONS; 6 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR 7 REQUESTS FOR ADMISSIONS, SET ONE (1), BE DEEMED ADMITTED, AND MONETARY SANCTIONS; 8 DECLARATION OF ARASH S. KHOSROWSHAHI IN SUPPORT OF MOTION FOR 9 REQUESTS FOR ADMISSIONS, SET ONE (1), BE DEEMED ADMITTED, AND MONETARY SANCTIONS; and 10 [PROPOSED] ORDER GRANTING MOTION FOR REQUESTS FOR ADMISSIONS, 11 SET ONE (1), BE DEEMED ADMITTED, AND MONETARY SANCTIONS 12 on counsel for Defendant Liqui-Box Corporation in this action as follows: 13 JACKSON LEWIS P.C. JACKSON LEWIS P.C. James Jones Kelsey Morris 14 400CapitolMall, Suite 1600 400 Capitol Mall, Suite 1600 Sacramento, CA 95814 Sacramento, CA 95814 15 Email: James.Jones@jacksonlewis.com Email: Kelsey.Morris@jacksonlewis.com 16 Pursuant to Emergency Rule 12 and Code of Civil Procedure § 1010.6,1 delivered a tme and correct copy of each of the documents listed above in electronic format from my business email address, 17 ash@libertymanlaw.com, to the email addresses listed above. 18 1 declare under penalty of perjury under the laws of the State of Califomia that the foregoing is tme and correct. 19 Executed on June 29, 2022, at Sacramento, Califomia. 20 21 22 23 ARASH S. KHOSROWSHAHI 24 25 26 27 28 PROOF OF SERVICE JOSHUA S. FALAKASSA (SBN: 295045) FALAKASSA LAW, P.C. 2 1901 Avenue ofthe Stars Suite # 450 3 Los Angeles, Califomia 90067 Tel.: (818) 456-6168; Fax: (888) 505-0868 4 Erriail: josh@falakassalaw.com 5 ARASH S. KHOSROWSHAHI (SBN: 293246) L I B E R T Y MAN LAW, P.C. 6 1010 F Street, Ste. 300 Sacramento, Califomia 95814 .7 Tel.: (916) 573-0469; Fax: (866) 700-0787 Eniail: ash@libertymanlaw.com 8 Attomeys for Plaintiff, SAJIDA ZAMAN 9 SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 12 SAJIDA ZAMAN, Case No.: 34-2019-00252121 13 RESERVATION ID: 2656706 14 Plaintiff, PROOF OF SERVICE vs. 15 LIQUI-BOX CORPORATION, and DOES 1 Concurrently-filed with Plaintiff's Motion to 16 Deem Requests for Admissions Admitted through 20, inclusive. and Monetary Sanctions 17 Defendants. 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE 1 PROOF OF SERVICE 2 I am employed in the Coun