Preview
1 DOWNEY BRAND LLP
WILLL\M R. WARNE (Bar No. 141280) FllEO/EIIOOBSiEO
2 ANNIE S. AMARAL (BarNo. 238189)
621 Capitol Mall, 18tii Floor
3 Sacramento, CA 95814-4731 OCT 1 2 2018
Telephone: 916:444.1000
4 Facsimile: 916.444.2100 By:. B. surrnw
Deputy Clerk
bwame@dowrieybrand.com
5 aamaral@downeybrarid.com
6 Attomeys for Plaintiff
CHARLES SOMERS, individually and astioisteefor tiie
7 CHARLES SOMERS LIVING TRUST
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10
11 CHARLES SOMERS, individually and as CASENO. 34-2018-00229212
tiiistee for the CHARLES SOMERS
12 LIVING TRUST, DECLARATION OF ANNIE S. AMARAL
PH IN SUPPORT OF PLAINTIFF'S MOTION
HJ
1-1
13 Plaintiff, TO C O M M L DEFENbANt DR. JAMES
Q LONC^RIA'S FURTHER DIS^COVERY
Z 14 RESPONSES TO FORM
< INTERROGATORIES, SET ONE, AND
oi 15
PQ DR. JAMES LONGORIA, an individual, RElQUESt FOR MONETARY
andDOES 1-10, SANCTIONS
w 16
Z
Defendant.
O 17 Date: November 14, 2018
Q Time: . 9:00 a.m'
18 Dept.: 54
19 Complaint Filed: March 16,2018
Trial Date: TBD
20
21 I, Annie S. Amaral, declare:
22 1. I am an attorney at law licensed to practice before the Courts of the State of
23 Califomia and before this Court. I am a partner with the law firm of Downey Brand LLP,
24 attomeys of record for Plaintiff Charles Somers, individually and as tmstee for the Charles
25 Somers Living Tmst ("Somers").
26 2. On March 16, 2018, Somers filed this action against Defendant Dr. James
27 Longoria.
28 ///
1533214.2 1
AMARAL DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL - FORM ROGS
1 3. Somers served his Form Intenogatories (Set One) on May 2, 2018, by personal
2 service. A tme and conect copy of Somers's Form Intenogatories (Set One) is attached hereto as
3 Exhibit B.
4 4. Dr. Longoria filed a motion to quash on May 7,2018, which stayed his deadline to
5 serve responses to these requests.
6 5. On June 6,2018, the Court denied the motion to quash and ordered Dr. Longoria
7 to provide discovery responses by July 6, 2018.
8 6. Dr. Longoria provided written responses on July 6, 2018, along with verifications
9 to those responses. A tme and correct copy of Dr. Longoria's responses and verification to
10 Somers's Form Intenogatories (Set One) is attached hei-eto as Exhibit D.
11 7. The deadline for Somers to file a motion to compel was initially August 27, 2018,
12 but the parties agreed in writing on August 23 to extend that deadline to two weeks after the
PH
HJ 13 Court mled on Dr. Longoria's then-pending motion to disqualify Somers's counsel. Specifically,
-1
Q
Z 14 on August 21,2018, my associate Avalon Fitzgerald sent an email to Ms. Dudensing and copied
<
oi
PQ 15 Ms. Dudensing's legal assistant, Patty Paniagua. That email stated:
>^
w 16
Z I am ymting to confirm the extension of time that you and Mr.
Wame agreed to for Mr. Somers's deadlirie to respond to Dr.
o 17 Longoria's written.discovery requests, served on Jiily 27.
Q
Additionally, and for the same reasons, Lproposethdt the parties
18 stipulate to extend Mri Spmdrs's deadline to fife ariy motion to
compel regarding Lir. Longoria's July 6 responses to written
19 discovery. I suggest that Mr. Sbmers's responses to the discovery
requests and any motion to compel he due 2 weeks frorn the
20 Court's mling on Dr. Longoria's motion for disqualification.
Please let me know if you agree.
21
22 A tme and correct copy of that email is attached hereto as Exhibit E.
23 8. Ms. Dudensing's legal assistant responded two days later, on August 23,2018,
24 stating: "Ms. Dudensirig agrees to your request. It has: been caleindared ori our end." A tme and
25 correct copy bf Ms. Paniagua's Augiist 23 email is attached hereto as Exhibit F.
26 9. On September 11,2018, my office sent Ms. Dudensing a lengthy meet-and-confer
27 letter, detailing the deficiencies in Dr. Longoria's responses to Somers's discovery requests. This
28 letter details all of the deficiencies identified by the present motibn to compel. Somers requested
1533214.2 2
AMARAL DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL - FORM ROGS
1 that Dr. Longoria provide supplemental responses by September 14, 2018. This letter was sent by
2 email and by U.S. mail. A tme and correct copy of the email transmitting this letter to Ms.
3 Dudensing, together with a tme and correct copy of the letter itself, is attached hereto as Exliibit G.
4 10. Dr. Longoria did not prbvide supplemental responses. Instead, on September 18,
5 Ms. Dudensing and I spoke over the phone regarding Dr. Longoria's discovery responses and
6 Somers's deadline for filing a motion to compel. During that call, Ms. Dudensing denied ever
7 granting an extension on Somers's motion to compel deadline. This telephone call was very
8 contentious due to various unprofessional conduct by Ms. Dudensing; I attempted to remind her
9 of the email exchange that had occurred, and she interjected, accusing my office of attempting to
10 "sneak" this issue past her assistant. I attempted to explain numerous times that this was untme,
11 but Ms. Dudensing never let me finish my explanation. Accordingly, I sent a lengthy follow-up
12 email to Ms. Dudensing, summarizirig the details of that call,-and explairiing Somers's position
PH
hJ
13 regarding the extension that Ms. Dudensing had agreed to in writing. This was my first real
Q
Z 14 opportunity to explain this in full because Ms. Dudensing did not let me complete my sentences
<
oi
PQ 15 during the telephone call. I specifically invited Ms. Dudensing to continue the meet-and-confer
z 16 process, but asked that she do so in writing so as to avoidfiirtherunprofessional conduct by Ms.
o 17 Dudensing. She never responded to that email, a tme and correct copy of which is attached
Q
18 hereto as Exhibit H.
19 11. On September 28, 2018, the Court issued its mling on Dr. Longoria's motion for
20 disqualification and thus—as the parties had agreed on August 23, 2018—the deadline for
21 Somers to file a motion to compel became October 12, 2018.
22 12. On October 5, 2018, my associate Avalon Fitzgerald sent an email to
23 Ms. Dudensing to again attempt to meet and confer and to confirm that the deadline for filing a
24 motion to compel is October 12, 2018. On October 10, 2018, my partner William R. Wame
25 followed up with Ms. Dudensing by email, regarding the lack of any substantive response to our
26 various meet-and-confer efforts. Ms. Dudensing replied that she needed to discuss with her
27 client, and again denied there was an extension for the motion to compel deadline, and claimed
28 that we had never provided any substantive meet-and-confer. Mr. Wame again attached Exhibits
1533214.2
AMARAL DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL - FORM ROGS
1 E and F for Ms. Dudensing, showing the agreement to extend Somers's motion to compel
2 deadline and the 12-page meet-and-confer letter detailing the deficiencies in her client's
3 responses, which we previously sent to her via email and U.S. mail on September 11,2018. A
4 tme and conect copy of Mr. Wame' s email (without attachments) is attached hereto as Exhibit I .
5 Dr. Longoria's counsel never responded.
6 13. On October 9, 2018, Somersfiledhis First Amended Complaint in this action, a
7 tme and correct copy of which is attached hereto as Exhibit J.
8 14. In the days leading up to the filing to these motions, Avalon J. Fitzgerald, an
9 associate in my office, spent approximately 12 hours drafting and preparing all three of Somers's
10 Motions to Compel and all the supporting documents. Ms. Fitzgerald's hourly rate is $335. I
11 also spent approximately two arid a half hours reviewing and revising Somers's motions to
12 compel. My currently hourly rate is $390. This means Somers has incuned approximately
PH
13 $4,995.00 in attorneys' fees in cormection with these Motions, not including the fees he incurred
Q
Z 14 in attempting to meet and confer with Ms. Dudensing, or the fees he will incur in cormection with
<
oi 15
PQ work my office does preparing a reply, and attending oral argument. The filing fee for all of
16 these Motions and supporting documents is $180 ($60 filirig fee for each Motion). In total,
Z
o 17 Somers has incuned a gross total of $5,175.00 in fees in cormection with these Motions.
Q
18 I declare under penalty of perjury under the laws of Califomia that the foregoing is tme
19 and correct. Executed this 12th day of October, 2018, at Sacramento, Califomia.
20
21
22
ANNIE S. AMARAL
23
24
25
26
27
28
1533214.2,
AMARAL DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL - FORM ROGS
EXHIBITA
DECLARATION OF ANNIE S. AMARAL IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL
DEFENDANT DR. JAMES LONGORIA'S FURTHER DISCOVERY RESPONSES TO FdRM
INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS
EXHIBIT A
EXHIBIT INTENTIONALLY LEFT BLANK
DECLARATION OF ANNIE S. AMARAL IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL
DEFENDANT DR. JAMES LONGORIA'S FURTHER DISCOVERY RESPONSES TO F O R M
EVTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS
EXHIBIT B
DISC-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Heme, Slate Barnumber, ent erUreas):
— W i l l i a m R. Warne 141280
DOWNEY BRAND LLP
621 C a p i t o l Mall, 18th Floor
Sacramento, CA 95814
TELEPHONENO.: ( 9 1 6 ) 4 4 4 - 1 0 0 0
FAXN0.rapt>»u9: ( 9 1 6 ) 4 4 4 - 2 1 0 0
E-MAIL ADDRESS (OptionBl): b w a m e S d o w H e y b r a n d . c o m
ATTORNEY FOR (Name): P l a i n t i f f
SUPERIOR COURT OF CAUFORNIA, COUNTY OF Sacramento
SHORT TITLE OF CASE:
SOMERS V . LONGORIA
FORM INTERROGATORIES-GENERAL CASE NUMBER:
Asking Party: Plaintiff 34-2018-00229212
Answering Party: DR. JAMES LONGORIA
Set No.: One (1)
Sec. 1. Instructions to All Parties (c) Each answer must be as complete and stralghtfonward
(a) Interrogatories 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 Information possessed by your attomeys or agents, permits. If
answered under oath. The Interrogatories below are form an Interrogatory cannot be enswered completely, answer It to
Interrogatories approved for use In cMI cases. the extent possible.
(b) For time limitations, requirements for sen/ice 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 construing those good faith effort to get the Information by asking other persons
sections. or organizations, unless the information Is equally avaiiabie to
(c) These form Interrogatories do not change existing law the asking party.
relating to interrogatories nor do they affect an answering (e) Whenever an inten'ogatory may be answered by
party's right to assert any privilege or make any objection. referring to a document, the document may be attached as an
Sec. 2. instructions to the Aslcing Party exhibit to the response and referred to in the response. If the
(a) These interrogatories are designed for optional use by document has more than one page, refer to the page and
parties In unlimited cMi cases v/here the amount demanded section where the answer to the Intemigatory can be found.
exceeds $25,000. Separate Interrogatories, Form (f) Whenever an address and telephone number for the
Interrogatories - UtrUted Civil Cases (Economic Utigation) same person are requested In more than one interrogatory,
(fonn DISC-004), which have no subparts, are designed for you are required to fumlsh them In answering 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 (g) If you are asserting a privilege or making an objection to
used in unlimited civil cases. an interrogatory, you must specifically assert the privilege or
(b) Checl< the box next to each interrogatory that you want state the objection In your written response.
the answering party to answer. Use care in choosing those (h) Your answers to these interrogatories must be verified,
interrogatories that are appiicabie to the case. dated, and signed. You may wish to use the following form at
(c) You may Insert your own definition of INCIDENT in the end of your answers:
Section 4, but only where the action arises from a course of / declare under penalty ol perjury under the laws of the
conduct or a series of events occurring over a period of time. State of Califomia that the foregoing answers are true and
(d) The interrogatories In section 16.0, Defendant's correct.
Contentions-Personal Injury, should not be used until the
defendant has had a reasonable opportunity to conduct an ?ZJa7^j • (SIBNATURE)
Investigation or discovery of plaintifTs injuries and damages.
Sec. 4. Definitions
(e) Additional interrogatories may be attached.
Words In BOLDFACE CAPITALS in these interrogatories
Sec. 3. Instructions to the Answering Party
are defined as follows:
(a) An answer or other appropriate response must be
given to each Interrogatory checked by the asking party. (a) (Check one of the following):
(b) As a general rule, within 30 days after you are served ( X I (1) INCIDENT includes the circumstances and
with these interrogatories, you must serve your responses on events sunvunding the alleged accident, injury, or
the asking party and serve copies of your responses on all other occurrence or breach of contract givingriseto
other parties to the action who have appeared. See Code of this action or proceeding.
Civil Procedure sections 2030.260-2030.270 for details.
Paga 1 ot 6
Form Approved lor Optional Usa
Judicial Council of Celltomia
FORM INTERROGATORIES - GENERAL Code of Qvil Pmcaiute,
§9 2030i)10-2030.410,2033.710
•lSC-001 [Rev. January i , 2008] www.caurtbjfo.ca.gov
atuon I j S j r O n n s
Somers, Charles
DISC-001
Q (2) INCIDENT means (Insert your definition here or 1.0 Identity of Persons Answering Tiiese interrogatories
on a separate, attached sheet labeled 'Sec.
\Z1 1.1 State the name, ADDRESS, telephone number, and
4(a)(2)'):
relationship to you of each PERSON who prepared or
assisted in the preparation of the responses to these
interrogatories. (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
\ Z I 2.1 State:
includes you, your agents, your employees, your Insiirance
(a) your name;
companies, their agents, their employees, your attomeys, your
(b) every name you have used in the past; and
accountants, your Investigators, and anyone else acting on
(c) the dates you used each name.
your behalf.
(c) PERSON Includes a natural person, firm, association, 2.2 State the date and place of your birth.
organization, partnership, business, trust, limited liability
[ J j 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
(a) the state or other Issuing entity;
Code section 250, and includes the original or a copy of
(b) the license number and type;
handwriting, typewriting, printing, photostats, photographs,
(c) the date of issuance; and
electronically stored Information, and every other means of
recording upon any tangible thing and form of communicating (d) all restrictions.
or representation, Inciudlng letters, words, pictures, sounds, or Q 2.4 At the time of the INCIDENT, did you have any other
symbols, or combinations of them. permit or license for the operation of a motor vehicle? If so,
state:
age4of B
FORM INTERROGATORIES - GENERAL
I Essential
;^|jl]FomB- Somers, Charles
DISC-001
9.0 Other Damages (c) the court, names of the parties, and case number of any
C D 9-1 Are there any other damages that you attribute to the action filed;
INCIDENT? If so, for each Item of damage state: (d) the name, ADDRESS, and telephone number of any
(a) the nature; attomey representing you;
(b) the date it occuned; (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 Injuiy.
PERSON to whom an obligation was incun-ed.
O 11.2 In the past 10 years have you made a written claim or
^ 3 9.2 Do any DOCUMENTS support the existence or amount demand for workers' compensation benefits? If so, for each
of any Item of damages claimed in Interrogatory 9.1? If so, claim or demand state:
describe each document and state the name, ADDRESS, (a) the date, time, and place of the INCIDENT givingriseto
and telephone number of the PERSON who has each the ciaim;
DOCUMENT. (b) the name, ADDRESS, and telephone number of your
employer at the time of the Injury;
10.0 Medical History
(c) the name, ADDRESS, and telephone number of the
Q 10.1 At any time before the INCIDENT did you have com-
workers' compensation Insurer and the claim number;
plaints or injuries that Involved the same part of your body
(d) the period of time during which you received woricers'
claimed to have been Injured in the INCIDENT? If so, for
compensation benefits;
each state:
(e) a description of the Injury;
(a) a description of the complaint or injury;
(f) the name, ADDRESS, and telephone number of any
(b) the dates it began and ended; and
HEALTH CARE PROVIDER who provided services; and
(c) the name, ADDRESS, and telephone number of each
(g) the case number at the Wortters' Compensation Appeals
HEALTH CARE PROVIDER whom you consulted or
Board.
M^o examined or treated you.
12.0 investigation-General
Q 10.2 List all physical, mental, and emotional disabilities you
12.1 State the name, ADDRESS, and telephone number of
had immediately before the INCIDENT. (You may omit
each Individual:
mental or emotional disabilities unless you attribute any
(a) who witnessed the INCIDENT or the events occurring
mental or emotional Injury to the INCIDENT.)
Immediately beforo or after the INCIDENT;
[ ! • 10.3 At any time after the INCIDENT, did you sustain (b) who made any statement at the scene of the INCIDENT;
injuries of the kind for which you are now claiming (c) who heard any statements made about the INCIDENT by
damages? if so, for each inckjent giving rise to an injury any Individual at the scene; and
state: (d) who YOU OR ANYONE ACTING ON YOUR BEHALF
(a) the date and the place it occurred; claim has knowledge of the INCIDEI^ (except for
(b) the name, ADDRESS, and telephone number of any expert witnesses covered by Code of Civil Procedure
other PERSON Involved; section 2034).
(c) the nature of any Injuries you sustained;
CD 12.2 Have YOU OR ANYONE ACTING ON YOUR
(d) the name, ADDRESS, and telephone number of each
BEHALF inten/iewed any individual conceming the
HEALTH CARE PROVIDER who you consulted or who
INCIDENT? If so, for each Individual state:
examined or treated you; and
(a) the name, ADDRESS, and telephone number of the
(e) the nature of the treatment and Its duration.
individual Interviewed;
11.0 Other Claims and Previous Claims (b) the date of the interview; and
^ ] 11.1 Except for this action, in the past 10 years have you, (c) the name, ADDRESS, and telephone number of the
filed an action or made a written claim or demand for PERSON who conducted the interview.
compensation for your personal Injuries? If so, for each
O 12.3 Have YOU OR ANYONE ACTING ON YOUR
action, claim, or demand state:
BEHALP obtained a written or recorded statement from any
(a) the date, time, and place and location (closest street
individual conceming the INCIDENT? If so, for each
ADDRESS or Intersection) of the INCIDENT giving rise
statement state:
to the action, claim, or demand;
(a) the name, ADDRESS, and telephone number of the
(b) the name, ADDRESS, and telephone number of each
individual from whom the statement was obtained;
PERSON against whom the claim or demand was made
(b) the name, ADDRESS, and telephone number of the
or the action filed;
Individual who obtained the statement;
(c) the date the statement was obtained; and
(d) the name, ADDRESS, and telephone number of each
PERSON who has the original statement or a copy.
DISC-001 [Rev. January 1,2008] FORM INTERROGATORIES - GENERAL Page 5 of 8
I Essential
Somers, Charles
i—a DISC-001
CD 12.4 Do YOU OR ANYONE ACTING ON YOUR BEHALF
| _ | 13.2 Has a written report been prepared on the
know of any photographs, films, or videotapes depicting any
surveillance? If so, for each written report state:
place, object, or individual conceming the INCIDENT or
(a) the title;
plaintiff's 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 report; and
videotaped;
(d) the name, ADDRESS, and telephone number of each
(c) the date the photographs, films, or videotapes were
PERSON who has the original or a copy.
taken;
14.0 Statutory or Regulatory Violations
(d) the name, ADDRESS, and telephone number of the
( Q 14.1 Do YOU OR ANYONE ACTING ON YOUR BEHALF
Individual taking the photographs, films, or videotapes;
contend that any PERSON involved in the INCIDENT
and
violated any statute, ordinance, or regulation and that the
(e) the name, ADDRESS, and telephone number of each
violation was a legal (proximate) cause of the INCIDENT? If
PERSON who has the original or a copy of the
so. Identify the name, ADDRESS, and telephone number of
photographs, films, or videotapes.
each PERSON and the statute, ordinance, or regulation that
[ J t 12.5 Do YOU OR ANYONE ACTING ON YOUR BEHALF was violated.
know of any diagram, reproduction, or model of any place or Q 14.2 Was any PERSON cited or charged with a violation of
thing (except for items developed by expert witnesses any statute, ordinance, or regulation as a result of this
covered by Code of CMI Procedure sections 2034.210- INCIDENT? if so, for each PERSON state:
2034.310) conceming the INCIDENT? If so, for each Item (a) the name, ADDRESS, and telephone number of the
state: PERSON;
(a) the type (i.e., diagram,reproduction,or model); (b) the statute, ordinance, or regulation allegedly violated;
(b) the subject matter; and (c) whether the PERSON entered a plea In response to the
(c) the name, ADDRESS, and telephone number of each citation or charge and. If so, the plea entered; and
PERSON who has It. (d) the name and ADDRESS of the court or administrative
agency, names of the parties, and case number.
i I 12.6 Was a report made by any PERSON concerning the 15.0 Denials and Special or Affirmative Defenses
INCIDENT? If so, state: 15,1 Identify each denial of a material allegation and each
(a) the name, title, identification number, and employer of special or affirmative defense In your pleadings and for each:
the PERSON who made the report;
(a) state all facts upon which you base the denial or special
(b) the date and type of report made; or affirmative defense;
(c) the name, ADDRESS, and telephone number of the
(b) state the names, ADDRESSES, and telephone numbers
PERSON for whom the report was made; and
of all PERSONS who have knowledge of those facts; and
(d) the name, ADDRESS, and telephone number of each
(c) identify all DOCUMENTS and other tangible things that
PERSON who has the original or a copy of the report.
support your denial or special or affirmative defense, and
Q 12.7 Have YOU OR ANYONE ACTING ON YOUR state the name, ADDRESS, and telephone number of
BEHALF Inspected the scene of the INCIDENT? If so, for the PERSON who has each DOCUMENT.
each Inspection state: 16.0 Defendant's Contentions-Personal Injury
(a) the name, ADDRESS, and telephone number of the Q 16.1 Do you contend that any PERSON, other than you or
individual making the Inspection (except for expert plaintiff, contributed to the occurrence of the INCIDENT or
witnesses covered by Code of Civil Procedure the Injuries or damages claimed by plaintiff? If so, for each
sections 2034.210-2034.310): and PERSON:
(b) the date of the Inspection. (a) state the name, ADDRESS, and telephone number of
the PERSON:
13.0 Investigation-Surveillance
(b) state all facts upon which you base your contention;
Q 13.1 Have YOU OR ANYONE ACTING ON YOUR BEHALF
(c) state the names, ADDRESSES, and telephone numbers
conducted sun/eillance of any individual involved in the
of all PERSONS who have knowledge of the facts; and
INCIDENT or any party to this action? If so, for each sur-
(d) identify all DOCUMENTS and other tangible things that
veillance state:
support your contention and state the name, ADDRESS,
(a) the name, ADDRESS, and telephone number of the
individual or party; and telephone number of the PERSON who has each
DOCUMENT or thing.
(b) ttie time, date, and place of the sun/eillance;
Q 16.2 Do you contend that plaintiff was not Injured In the
(c) the name, ADDRESS, and telephone number of the
INCIDENT? If so:
Individual who conducted the sun/eiiiance; and
(a) state ail facts upon which you base your contention;
(d) the name, ADDRESS, and telephone number of each
(b) state the names, ADDRESSES, and telephone numbers
PERSON who has the original or a copy of any
of all PERSONS who have knowledge of the facts; and
surveillance photograph, film, or videotape.
(c) identify all DOCUMENTS and other tangible things that
support your contention and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.
DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES - GENERAL Page S ol6
I Essential Somers, Charles
DISC-001
• 16.3 Do you contend that the injuries or the extent of the 1 ^ 16.8 Do you contend that any of the costs of repairing the
injuries claimed by plaintiff as disclosed in discovery property damage claimed by piaintiff In discovery
proceedings thus far In this case were not caused by the proceedings thus far In this case were unreasonable? If so:
INCIDENT? If so, for each Injury: (a) identify each cost item;
(a) identify it; (b) state ali facts upon which you base your contention;
(b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers
(c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and
of ail PERSONS who have knowledge of the facts; and (d) identify aii DOCUMENTS and other tangible things that
(d) Identify ali DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS,
support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each
and telephone number of the PERSON who has each DOCUMENT or thing.
DOCUMENT or thing. Q I 16.9 Do YOU OR ANYONE ACTING ON YOUR BEHALF
^ D 16-^ contend that any of the servtees fumished by have any DOCUMENT (for example, Insurance bureau
any HEALTH CARE PROVIDER claimed by plaintiff In Index reports) conceming claims for personal injuries made
discoveiy proceedings thus far in this case were not due to before or after the INCIDENT by a ptaintiff In this case? If
the INCIDENT? If so: so, for each plaintiff state:
(a) identify each service; (a) the source of each DOCUMENT;
(b) state ali facts upon which you base your contention; (b) the date each claim arose;
(c) state the names, ADDRESSES, and telephone numbers (c) the nature of each dalm; and
of all PERSONS who have knowledge of the facts; and (d) the name, ADDRESS, and telephone number of the
(d) Identify all DOCUMENTS and other tangible things that PERSON who has each DOCUMENT.
support your contention and state the name, ADDRESS, CD 16.10 Do YOU OR ANYONE ACTING ON YOUR BEHALF
and telephone number of the PERSON who has each have any DOCUMENT conceming the past or present
DOCUMENT or thing. physical, mental, or emotional condition of any plaintiff in
• 16.5 Do you contend that any ot the costs of services this case from a HEALTH CARE PROVIDER not previously
fumished by any HEALTH CARE PROVIDER claimed as identified (except for expert viritnesses covered by Code of
damages by plaintiff in discovery proceedings thus far in Civil Procedure sections 2034.210-2034.310)? If so, for
this case were not necessary or unreasonable? if so: each plaintiff state;
(a) identify each cost; (a) the name, ADDRESS, and telephone number of each
(b) state ail facts upon which you base your contention; HEALTH CARE PROVIDER;
(c) state the names, ADDRESSES, and telephone numbers (b) a description of each DOCUMENT; and
of ail PERSONS who have knowledge of the facts; and (c) the name, ADDRESS, and telephone number of the
(d) identify all DOCUMENTS and other tangible things that PERSON who has each DOCUMENT.
support your contention and state the name, ADDRESS, 17.0 Responses to Request for Admissions
and telephone number of the PERSON who has each Q 17.1 Is your response to each request for admission served
DOCUMENT or thing. with these Interrogatories an unqualified admission? If not,
16.6 Do you contend that any part of the loss of earnings or for each response that Is not an unqualified admission:
Income claimed by plaintiff In discovery proceedings thus far (a) state the number of the request;
in this case was unreasonable or was not caused by the (b) state ail facts upon which you base your response;
INCIDENT? If so: (c) state the names, ADDRESSES, and telephone numbers
(a) Identify each part of the loss; of all PERSONS who have knowledge of those facts;
(b) state aii facts upon which you base your contention; and
(c) state the names, ADDRESSES, and telephone numbers (d) identify all DOCUMENTS and other tangible things that
of ali PERSONS who have knowledge of the facts; and support your response and state the name, ADDRESS,
(d) identify aii DOCUMENTS and other tangible things that and telephone number of the PERSON who has each
support your contention and state the name, ADDRESS, DOCUMENT or thing.
and telephone numt)er of the PERSON who has each
DOCUMENT or thing. 18.0 [Reserved]
Q 16.7 Do you contend that any of the property damage 19.0 [Reserved]
claimed by plaintiff In discovery Proceedings thus far in this 20.0 How the Incident Occurred-Motor Vehicle
case was not caused by the INCIDENT? if so: [ • 20.1 State the date, time, and place of the INCIDENT
(a) identify each Item of property damage; (closest street ADDRESS or intersection).
(b) state aii facts upon which you base your contention;
(c) state the names, ADDRESSES, and telephone numbers Q 20.2 For each vehicle involved in the INCIDENT, state:
of ail PERSONS who have knowledge of tfie facts; and (a) the year, make, model, and license number;
(d) identify all DOCUMENTS and other tangible things that (b) the name, ADDRESS, and telephone number of the
support your contention and state the name, ADDRESS, driver;
and telephone number of the PERSON who has each
DOCUMENT or thing.
DlSO-001 [Rev. January 1,2008] FORM INTERROGATORIES - GENERAL Page 7 of 8
r f i r I Essential Somers, Charles
ll^ljUFonns-
DISC-001
(c) the name, ADDRESS, and telephone number of each (d) state the name, ADDRESS, and telephone number of
occupant other than the driver: each PERSON who has custody of each defective part.
(d) the name, ADDRESS, and telephone number of each
Q 20.11 State the name, ADDRESS, and telephone number of
registered owner;
each owner and each PERSON who has had possession
(e) the name, ADDRESS, and telephone number of each
since the INCIDENT of each vehicle Involved In the
lessee;
INCIDENT.
(f) the name, ADDRESS, and telephone number of each
owner other than the registered owner or lien holder; 25.0/Reserved/
and 30.0/iReservec(/
(g) the name of each owner who gave permission or 40.0/Reserved/
consent to the driver to operate the vehicle.
50.0 Contract
Q 20.3 State the ADDRESS and location where your trip
50.1 For each agreement alleged in the pleadings:
began and the ADDRESS and location of your destination.
(a) Identify each DOCUMENT that is part of the agreement
Q 20.4 Describe the route that you followed from the and for each state the name, ADDRESS, and telephone
Preview
1 DOWNEY BRAND LLP WILLL\M R. WARNE (Bar No. 141280) FllEO/EIIOOBSiEO 2 ANNIE S. AMARAL (BarNo. 238189) 621 Capitol Mall, 18tii Floor 3 Sacramento, CA 95814-4731 OCT 1 2 2018 Telephone: 916:444.1000 4 Facsimile: 916.444.2100 By:. B. surrnw Deputy Clerk bwame@dowrieybrand.com 5 aamaral@downeybrarid.com 6 Attomeys for Plaintiff CHARLES SOMERS, individually and astioisteefor tiie 7 CHARLES SOMERS LIVING TRUST 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 11 CHARLES SOMERS, individually and as CASENO. 34-2018-00229212 tiiistee for the CHARLES SOMERS 12 LIVING TRUST, DECLARATION OF ANNIE S. AMARAL PH IN SUPPORT OF PLAINTIFF'S MOTION HJ 1-1 13 Plaintiff, TO C O M M L DEFENbANt DR. JAMES Q LONC^RIA'S FURTHER DIS^COVERY Z 14 RESPONSES TO FORM < INTERROGATORIES, SET ONE, AND oi 15 PQ DR. JAMES LONGORIA, an individual, RElQUESt FOR MONETARY andDOES 1-10, SANCTIONS w 16 Z Defendant. O 17 Date: November 14, 2018 Q Time: . 9:00 a.m' 18 Dept.: 54 19 Complaint Filed: March 16,2018 Trial Date: TBD 20 21 I, Annie S. Amaral, declare: 22 1. I am an attorney at law licensed to practice before the Courts of the State of 23 Califomia and before this Court. I am a partner with the law firm of Downey Brand LLP, 24 attomeys of record for Plaintiff Charles Somers, individually and as tmstee for the Charles 25 Somers Living Tmst ("Somers"). 26 2. On March 16, 2018, Somers filed this action against Defendant Dr. James 27 Longoria. 28 /// 1533214.2 1 AMARAL DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL - FORM ROGS 1 3. Somers served his Form Intenogatories (Set One) on May 2, 2018, by personal 2 service. A tme and conect copy of Somers's Form Intenogatories (Set One) is attached hereto as 3 Exhibit B. 4 4. Dr. Longoria filed a motion to quash on May 7,2018, which stayed his deadline to 5 serve responses to these requests. 6 5. On June 6,2018, the Court denied the motion to quash and ordered Dr. Longoria 7 to provide discovery responses by July 6, 2018. 8 6. Dr. Longoria provided written responses on July 6, 2018, along with verifications 9 to those responses. A tme and correct copy of Dr. Longoria's responses and verification to 10 Somers's Form Intenogatories (Set One) is attached hei-eto as Exhibit D. 11 7. The deadline for Somers to file a motion to compel was initially August 27, 2018, 12 but the parties agreed in writing on August 23 to extend that deadline to two weeks after the PH HJ 13 Court mled on Dr. Longoria's then-pending motion to disqualify Somers's counsel. Specifically, -1 Q Z 14 on August 21,2018, my associate Avalon Fitzgerald sent an email to Ms. Dudensing and copied < oi PQ 15 Ms. Dudensing's legal assistant, Patty Paniagua. That email stated: >^ w 16 Z I am ymting to confirm the extension of time that you and Mr. Wame agreed to for Mr. Somers's deadlirie to respond to Dr. o 17 Longoria's written.discovery requests, served on Jiily 27. Q Additionally, and for the same reasons, Lproposethdt the parties 18 stipulate to extend Mri Spmdrs's deadline to fife ariy motion to compel regarding Lir. Longoria's July 6 responses to written 19 discovery. I suggest that Mr. Sbmers's responses to the discovery requests and any motion to compel he due 2 weeks frorn the 20 Court's mling on Dr. Longoria's motion for disqualification. Please let me know if you agree. 21 22 A tme and correct copy of that email is attached hereto as Exhibit E. 23 8. Ms. Dudensing's legal assistant responded two days later, on August 23,2018, 24 stating: "Ms. Dudensirig agrees to your request. It has: been caleindared ori our end." A tme and 25 correct copy bf Ms. Paniagua's Augiist 23 email is attached hereto as Exhibit F. 26 9. On September 11,2018, my office sent Ms. Dudensing a lengthy meet-and-confer 27 letter, detailing the deficiencies in Dr. Longoria's responses to Somers's discovery requests. This 28 letter details all of the deficiencies identified by the present motibn to compel. Somers requested 1533214.2 2 AMARAL DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL - FORM ROGS 1 that Dr. Longoria provide supplemental responses by September 14, 2018. This letter was sent by 2 email and by U.S. mail. A tme and correct copy of the email transmitting this letter to Ms. 3 Dudensing, together with a tme and correct copy of the letter itself, is attached hereto as Exliibit G. 4 10. Dr. Longoria did not prbvide supplemental responses. Instead, on September 18, 5 Ms. Dudensing and I spoke over the phone regarding Dr. Longoria's discovery responses and 6 Somers's deadline for filing a motion to compel. During that call, Ms. Dudensing denied ever 7 granting an extension on Somers's motion to compel deadline. This telephone call was very 8 contentious due to various unprofessional conduct by Ms. Dudensing; I attempted to remind her 9 of the email exchange that had occurred, and she interjected, accusing my office of attempting to 10 "sneak" this issue past her assistant. I attempted to explain numerous times that this was untme, 11 but Ms. Dudensing never let me finish my explanation. Accordingly, I sent a lengthy follow-up 12 email to Ms. Dudensing, summarizirig the details of that call,-and explairiing Somers's position PH hJ 13 regarding the extension that Ms. Dudensing had agreed to in writing. This was my first real Q Z 14 opportunity to explain this in full because Ms. Dudensing did not let me complete my sentences < oi PQ 15 during the telephone call. I specifically invited Ms. Dudensing to continue the meet-and-confer z 16 process, but asked that she do so in writing so as to avoidfiirtherunprofessional conduct by Ms. o 17 Dudensing. She never responded to that email, a tme and correct copy of which is attached Q 18 hereto as Exhibit H. 19 11. On September 28, 2018, the Court issued its mling on Dr. Longoria's motion for 20 disqualification and thus—as the parties had agreed on August 23, 2018—the deadline for 21 Somers to file a motion to compel became October 12, 2018. 22 12. On October 5, 2018, my associate Avalon Fitzgerald sent an email to 23 Ms. Dudensing to again attempt to meet and confer and to confirm that the deadline for filing a 24 motion to compel is October 12, 2018. On October 10, 2018, my partner William R. Wame 25 followed up with Ms. Dudensing by email, regarding the lack of any substantive response to our 26 various meet-and-confer efforts. Ms. Dudensing replied that she needed to discuss with her 27 client, and again denied there was an extension for the motion to compel deadline, and claimed 28 that we had never provided any substantive meet-and-confer. Mr. Wame again attached Exhibits 1533214.2 AMARAL DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL - FORM ROGS 1 E and F for Ms. Dudensing, showing the agreement to extend Somers's motion to compel 2 deadline and the 12-page meet-and-confer letter detailing the deficiencies in her client's 3 responses, which we previously sent to her via email and U.S. mail on September 11,2018. A 4 tme and conect copy of Mr. Wame' s email (without attachments) is attached hereto as Exhibit I . 5 Dr. Longoria's counsel never responded. 6 13. On October 9, 2018, Somersfiledhis First Amended Complaint in this action, a 7 tme and correct copy of which is attached hereto as Exhibit J. 8 14. In the days leading up to the filing to these motions, Avalon J. Fitzgerald, an 9 associate in my office, spent approximately 12 hours drafting and preparing all three of Somers's 10 Motions to Compel and all the supporting documents. Ms. Fitzgerald's hourly rate is $335. I 11 also spent approximately two arid a half hours reviewing and revising Somers's motions to 12 compel. My currently hourly rate is $390. This means Somers has incuned approximately PH 13 $4,995.00 in attorneys' fees in cormection with these Motions, not including the fees he incurred Q Z 14 in attempting to meet and confer with Ms. Dudensing, or the fees he will incur in cormection with < oi 15 PQ work my office does preparing a reply, and attending oral argument. The filing fee for all of 16 these Motions and supporting documents is $180 ($60 filirig fee for each Motion). In total, Z o 17 Somers has incuned a gross total of $5,175.00 in fees in cormection with these Motions. Q 18 I declare under penalty of perjury under the laws of Califomia that the foregoing is tme 19 and correct. Executed this 12th day of October, 2018, at Sacramento, Califomia. 20 21 22 ANNIE S. AMARAL 23 24 25 26 27 28 1533214.2, AMARAL DECLARATION IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL - FORM ROGS EXHIBITA DECLARATION OF ANNIE S. AMARAL IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL DEFENDANT DR. JAMES LONGORIA'S FURTHER DISCOVERY RESPONSES TO FdRM INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS EXHIBIT A EXHIBIT INTENTIONALLY LEFT BLANK DECLARATION OF ANNIE S. AMARAL IN SUPPORT OF PLAINTIFF'S MOTION TO COMPEL DEFENDANT DR. JAMES LONGORIA'S FURTHER DISCOVERY RESPONSES TO F O R M EVTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS EXHIBIT B DISC-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Heme, Slate Barnumber, ent erUreas): — W i l l i a m R. Warne 141280 DOWNEY BRAND LLP 621 C a p i t o l Mall, 18th Floor Sacramento, CA 95814 TELEPHONENO.: ( 9 1 6 ) 4 4 4 - 1 0 0 0 FAXN0.rapt>»u9: ( 9 1 6 ) 4 4 4 - 2 1 0 0 E-MAIL ADDRESS (OptionBl): b w a m e S d o w H e y b r a n d . c o m ATTORNEY FOR (Name): P l a i n t i f f SUPERIOR COURT OF CAUFORNIA, COUNTY OF Sacramento SHORT TITLE OF CASE: SOMERS V . LONGORIA FORM INTERROGATORIES-GENERAL CASE NUMBER: Asking Party: Plaintiff 34-2018-00229212 Answering Party: DR. JAMES LONGORIA Set No.: One (1) Sec. 1. Instructions to All Parties (c) Each answer must be as complete and stralghtfonward (a) Interrogatories 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 Information possessed by your attomeys or agents, permits. If answered under oath. The Interrogatories below are form an Interrogatory cannot be enswered completely, answer It to Interrogatories approved for use In cMI cases. the extent possible. (b) For time limitations, requirements for sen/ice 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 construing those good faith effort to get the Information by asking other persons sections. or organizations, unless the information Is equally avaiiabie to (c) These form Interrogatories do not change existing law the asking party. relating to interrogatories nor do they affect an answering (e) Whenever an inten'ogatory may be answered by party's right to assert any privilege or make any objection. referring to a document, the document may be attached as an Sec. 2. instructions to the Aslcing Party exhibit to the response and referred to in the response. If the (a) These interrogatories are designed for optional use by document has more than one page, refer to the page and parties In unlimited cMi cases v/here the amount demanded section where the answer to the Intemigatory can be found. exceeds $25,000. Separate Interrogatories, Form (f) Whenever an address and telephone number for the Interrogatories - UtrUted Civil Cases (Economic Utigation) same person are requested In more than one interrogatory, (fonn DISC-004), which have no subparts, are designed for you are required to fumlsh them In answering 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 (g) If you are asserting a privilege or making an objection to used in unlimited civil cases. an interrogatory, you must specifically assert the privilege or (b) Checl< the box next to each interrogatory that you want state the objection In your written response. the answering party to answer. Use care in choosing those (h) Your answers to these interrogatories must be verified, interrogatories that are appiicabie to the case. dated, and signed. You may wish to use the following form at (c) You may Insert your own definition of INCIDENT in the end of your answers: Section 4, but only where the action arises from a course of / declare under penalty ol perjury under the laws of the conduct or a series of events occurring over a period of time. State of Califomia that the foregoing answers are true and (d) The interrogatories In section 16.0, Defendant's correct. Contentions-Personal Injury, should not be used until the defendant has had a reasonable opportunity to conduct an ?ZJa7^j • (SIBNATURE) Investigation or discovery of plaintifTs injuries and damages. Sec. 4. Definitions (e) Additional interrogatories may be attached. Words In BOLDFACE CAPITALS in these interrogatories Sec. 3. Instructions to the Answering Party are defined as follows: (a) An answer or other appropriate response must be given to each Interrogatory checked by the asking party. (a) (Check one of the following): (b) As a general rule, within 30 days after you are served ( X I (1) INCIDENT includes the circumstances and with these interrogatories, you must serve your responses on events sunvunding the alleged accident, injury, or the asking party and serve copies of your responses on all other occurrence or breach of contract givingriseto other parties to the action who have appeared. See Code of this action or proceeding. Civil Procedure sections 2030.260-2030.270 for details. Paga 1 ot 6 Form Approved lor Optional Usa Judicial Council of Celltomia FORM INTERROGATORIES - GENERAL Code of Qvil Pmcaiute, §9 2030i)10-2030.410,2033.710 •lSC-001 [Rev. January i , 2008] www.caurtbjfo.ca.gov atuon I j S j r O n n s Somers, Charles DISC-001 Q (2) INCIDENT means (Insert your definition here or 1.0 Identity of Persons Answering Tiiese interrogatories on a separate, attached sheet labeled 'Sec. \Z1 1.1 State the name, ADDRESS, telephone number, and 4(a)(2)'): relationship to you of each PERSON who prepared or assisted in the preparation of the responses to these interrogatories. (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 \ Z I 2.1 State: includes you, your agents, your employees, your Insiirance (a) your name; companies, their agents, their employees, your attomeys, your (b) every name you have used in the past; and accountants, your Investigators, and anyone else acting on (c) the dates you used each name. your behalf. (c) PERSON Includes a natural person, firm, association, 2.2 State the date and place of your birth. organization, partnership, business, trust, limited liability [ J j 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 (a) the state or other Issuing entity; Code section 250, and includes the original or a copy of (b) the license number and type; handwriting, typewriting, printing, photostats, photographs, (c) the date of issuance; and electronically stored Information, and every other means of recording upon any tangible thing and form of communicating (d) all restrictions. or representation, Inciudlng letters, words, pictures, sounds, or Q 2.4 At the time of the INCIDENT, did you have any other symbols, or combinations of them. permit or license for the operation of a motor vehicle? If so, state: age4of B FORM INTERROGATORIES - GENERAL I Essential ;^|jl]FomB- Somers, Charles DISC-001 9.0 Other Damages (c) the court, names of the parties, and case number of any C D 9-1 Are there any other damages that you attribute to the action filed; INCIDENT? If so, for each Item of damage state: (d) the name, ADDRESS, and telephone number of any (a) the nature; attomey representing you; (b) the date it occuned; (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 Injuiy. PERSON to whom an obligation was incun-ed. O 11.2 In the past 10 years have you made a written claim or ^ 3 9.2 Do any DOCUMENTS support the existence or amount demand for workers' compensation benefits? If so, for each of any Item of damages claimed in Interrogatory 9.1? If so, claim or demand state: describe each document and state the name, ADDRESS, (a) the date, time, and place of the INCIDENT givingriseto and telephone number of the PERSON who has each the ciaim; DOCUMENT. (b) the name, ADDRESS, and telephone number of your employer at the time of the Injury; 10.0 Medical History (c) the name, ADDRESS, and telephone number of the Q 10.1 At any time before the INCIDENT did you have com- workers' compensation Insurer and the claim number; plaints or injuries that Involved the same part of your body (d) the period of time during which you received woricers' claimed to have been Injured in the INCIDENT? If so, for compensation benefits; each state: (e) a description of the Injury; (a) a description of the complaint or injury; (f) the name, ADDRESS, and telephone number of any (b) the dates it began and ended; and HEALTH CARE PROVIDER who provided services; and (c) the name, ADDRESS, and telephone number of each (g) the case number at the Wortters' Compensation Appeals HEALTH CARE PROVIDER whom you consulted or Board. M^o examined or treated you. 12.0 investigation-General Q 10.2 List all physical, mental, and emotional disabilities you 12.1 State the name, ADDRESS, and telephone number of had immediately before the INCIDENT. (You may omit each Individual: mental or emotional disabilities unless you attribute any (a) who witnessed the INCIDENT or the events occurring mental or emotional Injury to the INCIDENT.) Immediately beforo or after the INCIDENT; [ ! • 10.3 At any time after the INCIDENT, did you sustain (b) who made any statement at the scene of the INCIDENT; injuries of the kind for which you are now claiming (c) who heard any statements made about the INCIDENT by damages? if so, for each inckjent giving rise to an injury any Individual at the scene; and state: (d) who YOU OR ANYONE ACTING ON YOUR BEHALF (a) the date and the place it occurred; claim has knowledge of the INCIDEI^ (except for (b) the name, ADDRESS, and telephone number of any expert witnesses covered by Code of Civil Procedure other PERSON Involved; section 2034). (c) the nature of any Injuries you sustained; CD 12.2 Have YOU OR ANYONE ACTING ON YOUR (d) the name, ADDRESS, and telephone number of each BEHALF inten/iewed any individual conceming the HEALTH CARE PROVIDER who you consulted or who INCIDENT? If so, for each Individual state: examined or treated you; and (a) the name, ADDRESS, and telephone number of the (e) the nature of the treatment and Its duration. individual Interviewed; 11.0 Other Claims and Previous Claims (b) the date of the interview; and ^ ] 11.1 Except for this action, in the past 10 years have you, (c) the name, ADDRESS, and telephone number of the filed an action or made a written claim or demand for PERSON who conducted the interview. compensation for your personal Injuries? If so, for each O 12.3 Have YOU OR ANYONE ACTING ON YOUR action, claim, or demand state: BEHALP obtained a written or recorded statement from any (a) the date, time, and place and location (closest street individual conceming the INCIDENT? If so, for each ADDRESS or Intersection) of the INCIDENT giving rise statement state: to the action, claim, or demand; (a) the name, ADDRESS, and telephone number of the (b) the name, ADDRESS, and telephone number of each individual from whom the statement was obtained; PERSON against whom the claim or demand was made (b) the name, ADDRESS, and telephone number of the or the action filed; Individual who obtained the statement; (c) the date the statement was obtained; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original statement or a copy. DISC-001 [Rev. January 1,2008] FORM INTERROGATORIES - GENERAL Page 5 of 8 I Essential Somers, Charles i—a DISC-001 CD 12.4 Do YOU OR ANYONE ACTING ON YOUR BEHALF | _ | 13.2 Has a written report been prepared on the know of any photographs, films, or videotapes depicting any surveillance? If so, for each written report state: place, object, or individual conceming the INCIDENT or (a) the title; plaintiff's 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 report; and videotaped; (d) the name, ADDRESS, and telephone number of each (c) the date the photographs, films, or videotapes were PERSON who has the original or a copy. taken; 14.0 Statutory or Regulatory Violations (d) the name, ADDRESS, and telephone number of the ( Q 14.1 Do YOU OR ANYONE ACTING ON YOUR BEHALF Individual taking the photographs, films, or videotapes; contend that any PERSON involved in the INCIDENT and violated any statute, ordinance, or regulation and that the (e) the name, ADDRESS, and telephone number of each violation was a legal (proximate) cause of the INCIDENT? If PERSON who has the original or a copy of the so. Identify the name, ADDRESS, and telephone number of photographs, films, or videotapes. each PERSON and the statute, ordinance, or regulation that [ J t 12.5 Do YOU OR ANYONE ACTING ON YOUR BEHALF was violated. know of any diagram, reproduction, or model of any place or Q 14.2 Was any PERSON cited or charged with a violation of thing (except for items developed by expert witnesses any statute, ordinance, or regulation as a result of this covered by Code of CMI Procedure sections 2034.210- INCIDENT? if so, for each PERSON state: 2034.310) conceming the INCIDENT? If so, for each Item (a) the name, ADDRESS, and telephone number of the state: PERSON; (a) the type (i.e., diagram,reproduction,or model); (b) the statute, ordinance, or regulation allegedly violated; (b) the subject matter; and (c) whether the PERSON entered a plea In response to the (c) the name, ADDRESS, and telephone number of each citation or charge and. If so, the plea entered; and PERSON who has It. (d) the name and ADDRESS of the court or administrative agency, names of the parties, and case number. i I 12.6 Was a report made by any PERSON concerning the 15.0 Denials and Special or Affirmative Defenses INCIDENT? If so, state: 15,1 Identify each denial of a material allegation and each (a) the name, title, identification number, and employer of special or affirmative defense In your pleadings and for each: the PERSON who made the report; (a) state all facts upon which you base the denial or special (b) the date and type of report made; or affirmative defense; (c) the name, ADDRESS, and telephone number of the (b) state the names, ADDRESSES, and telephone numbers PERSON for whom the report was made; and of all PERSONS who have knowledge of those facts; and (d) the name, ADDRESS, and telephone number of each (c) identify all DOCUMENTS and other tangible things that PERSON who has the original or a copy of the report. support your denial or special or affirmative defense, and Q 12.7 Have YOU OR ANYONE ACTING ON YOUR state the name, ADDRESS, and telephone number of BEHALF Inspected the scene of the INCIDENT? If so, for the PERSON who has each DOCUMENT. each Inspection state: 16.0 Defendant's Contentions-Personal Injury (a) the name, ADDRESS, and telephone number of the Q 16.1 Do you contend that any PERSON, other than you or individual making the Inspection (except for expert plaintiff, contributed to the occurrence of the INCIDENT or witnesses covered by Code of Civil Procedure the Injuries or damages claimed by plaintiff? If so, for each sections 2034.210-2034.310): and PERSON: (b) the date of the Inspection. (a) state the name, ADDRESS, and telephone number of the PERSON: 13.0 Investigation-Surveillance (b) state all facts upon which you base your contention; Q 13.1 Have YOU OR ANYONE ACTING ON YOUR BEHALF (c) state the names, ADDRESSES, and telephone numbers conducted sun/eillance of any individual involved in the of all PERSONS who have knowledge of the facts; and INCIDENT or any party to this action? If so, for each sur- (d) identify all DOCUMENTS and other tangible things that veillance state: support your contention and state the name, ADDRESS, (a) the name, ADDRESS, and telephone number of the individual or party; and telephone number of the PERSON who has each DOCUMENT or thing. (b) ttie time, date, and place of the sun/eillance; Q 16.2 Do you contend that plaintiff was not Injured In the (c) the name, ADDRESS, and telephone number of the INCIDENT? If so: Individual who conducted the sun/eiiiance; and (a) state ail facts upon which you base your contention; (d) the name, ADDRESS, and telephone number of each (b) state the names, ADDRESSES, and telephone numbers PERSON who has the original or a copy of any of all PERSONS who have knowledge of the facts; and surveillance photograph, film, or videotape. (c) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES - GENERAL Page S ol6 I Essential Somers, Charles DISC-001 • 16.3 Do you contend that the injuries or the extent of the 1 ^ 16.8 Do you contend that any of the costs of repairing the injuries claimed by plaintiff as disclosed in discovery property damage claimed by piaintiff In discovery proceedings thus far In this case were not caused by the proceedings thus far In this case were unreasonable? If so: INCIDENT? If so, for each Injury: (a) identify each cost item; (a) identify it; (b) state ali facts upon which you base your contention; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and of ail PERSONS who have knowledge of the facts; and (d) identify aii DOCUMENTS and other tangible things that (d) Identify ali DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each and telephone number of the PERSON who has each DOCUMENT or thing. DOCUMENT or thing. Q I 16.9 Do YOU OR ANYONE ACTING ON YOUR BEHALF ^ D 16-^ contend that any of the servtees fumished by have any DOCUMENT (for example, Insurance bureau any HEALTH CARE PROVIDER claimed by plaintiff In Index reports) conceming claims for personal injuries made discoveiy proceedings thus far in this case were not due to before or after the INCIDENT by a ptaintiff In this case? If the INCIDENT? If so: so, for each plaintiff state: (a) identify each service; (a) the source of each DOCUMENT; (b) state ali facts upon which you base your contention; (b) the date each claim arose; (c) state the names, ADDRESSES, and telephone numbers (c) the nature of each dalm; and of all PERSONS who have knowledge of the facts; and (d) the name, ADDRESS, and telephone number of the (d) Identify all DOCUMENTS and other tangible things that PERSON who has each DOCUMENT. support your contention and state the name, ADDRESS, CD 16.10 Do YOU OR ANYONE ACTING ON YOUR BEHALF and telephone number of the PERSON who has each have any DOCUMENT conceming the past or present DOCUMENT or thing. physical, mental, or emotional condition of any plaintiff in • 16.5 Do you contend that any ot the costs of services this case from a HEALTH CARE PROVIDER not previously fumished by any HEALTH CARE PROVIDER claimed as identified (except for expert viritnesses covered by Code of damages by plaintiff in discovery proceedings thus far in Civil Procedure sections 2034.210-2034.310)? If so, for this case were not necessary or unreasonable? if so: each plaintiff state; (a) identify each cost; (a) the name, ADDRESS, and telephone number of each (b) state ail facts upon which you base your contention; HEALTH CARE PROVIDER; (c) state the names, ADDRESSES, and telephone numbers (b) a description of each DOCUMENT; and of ail PERSONS who have knowledge of the facts; and (c) the name, ADDRESS, and telephone number of the (d) identify all DOCUMENTS and other tangible things that PERSON who has each DOCUMENT. support your contention and state the name, ADDRESS, 17.0 Responses to Request for Admissions and telephone number of the PERSON who has each Q 17.1 Is your response to each request for admission served DOCUMENT or thing. with these Interrogatories an unqualified admission? If not, 16.6 Do you contend that any part of the loss of earnings or for each response that Is not an unqualified admission: Income claimed by plaintiff In discovery proceedings thus far (a) state the number of the request; in this case was unreasonable or was not caused by the (b) state ail facts upon which you base your response; INCIDENT? If so: (c) state the names, ADDRESSES, and telephone numbers (a) Identify each part of the loss; of all PERSONS who have knowledge of those facts; (b) state aii facts upon which you base your contention; and (c) state the names, ADDRESSES, and telephone numbers (d) identify all DOCUMENTS and other tangible things that of ali PERSONS who have knowledge of the facts; and support your response and state the name, ADDRESS, (d) identify aii DOCUMENTS and other tangible things that and telephone number of the PERSON who has each support your contention and state the name, ADDRESS, DOCUMENT or thing. and telephone numt)er of the PERSON who has each DOCUMENT or thing. 18.0 [Reserved] Q 16.7 Do you contend that any of the property damage 19.0 [Reserved] claimed by plaintiff In discovery Proceedings thus far in this 20.0 How the Incident Occurred-Motor Vehicle case was not caused by the INCIDENT? if so: [ • 20.1 State the date, time, and place of the INCIDENT (a) identify each Item of property damage; (closest street ADDRESS or intersection). (b) state aii facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers Q 20.2 For each vehicle involved in the INCIDENT, state: of ail PERSONS who have knowledge of tfie facts; and (a) the year, make, model, and license number; (d) identify all DOCUMENTS and other tangible things that (b) the name, ADDRESS, and telephone number of the support your contention and state the name, ADDRESS, driver; and telephone number of the PERSON who has each DOCUMENT or thing. DlSO-001 [Rev. January 1,2008] FORM INTERROGATORIES - GENERAL Page 7 of 8 r f i r I Essential Somers, Charles ll^ljUFonns- DISC-001 (c) the name, ADDRESS, and telephone number of each (d) state the name, ADDRESS, and telephone number of occupant other than the driver: each PERSON who has custody of each defective part. (d) the name, ADDRESS, and telephone number of each Q 20.11 State the name, ADDRESS, and telephone number of registered owner; each owner and each PERSON who has had possession (e) the name, ADDRESS, and telephone number of each since the INCIDENT of each vehicle Involved In the lessee; INCIDENT. (f) the name, ADDRESS, and telephone number of each owner other than the registered owner or lien holder; 25.0/Reserved/ and 30.0/iReservec(/ (g) the name of each owner who gave permission or 40.0/Reserved/ consent to the driver to operate the vehicle. 50.0 Contract Q 20.3 State the ADDRESS and location where your trip 50.1 For each agreement alleged in the pleadings: began and the ADDRESS and location of your destination. (a) Identify each DOCUMENT that is part of the agreement Q 20.4 Describe the route that you followed from the and for each state the name, ADDRESS, and telephone