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ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA
Stefano G. Formica, Esq. [SBN: 241958]
COUNTY OF SAN BERNARDINO
sformica(a)formicalawgroup.com SAN BERNARDINO DISTRICT
KellianW. Summers, Esq. [SBN: 306072]
12/15/2023 5:17 PM
ksummersébformicalawgroup.com
Nuccio Patti, Esq. [SBN: 349480] By: Brianna Johnson, DEPUTY
npatti@f0rmica1awgr0up.com
QQUI-bUJN
FORMICA LAW GROUP, APC
5900 Wilshire B1Vd., Suite 2250
Los Angeles, CA, 90036
Tel: (323) 272-3334
Fax: (323) 272-3926
Attorney for Plaintiff,
ABRAHAM CERDA TRUJILLO
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
11
COUNTY OF SAN BERNARDINO
12
ABRAHAM CERDA TRUJILLO, an CASE NO.: CIVD82020893
individual,
13
Assigned for A11 Purposes to:
14 Plaintiff, Hon. Tony Raphael
Rancho Cucamonga, Dept R17
15 vs.
DECLARATION 0F KELLIAN w.
16
ALEX JOHN BENITEZ, JR., driver; SUMMERS IN SUPPORT 0F
17
FRESENIUS MEDICAL CARE HOLDINGS, PLAINTIFF’S MOTION T0 QUASH
INC., Registered Owner; and DOES 1 to 50, DEFENDANT’S DEPOSITION
18 inclusive, SUBPOENAS FOR PRODUCTION 0F
BUSINESS RECORDS 0F WAL-
19 Defendants. MART, INC. AND LKQ PICK YOUR
PART
20
21 [Filed concurrently with Plaintiff’s Notice
ofMotion and Motion Quash; Separate
t0
22 Statement; and [Proposed] Order]
23 Date: January 31, 2024
Time: 8:30 A.M.
24
Dept: R17
25
Complaint Filed: October 2, 2020
26 Trial Date: September 25, 2024
AND ALL RELATED CRoss—ACT10N(S)
27
///
28
DECLARATION OF KELLIAN W. SUMMERS IN SUPPORT OF PLAINTIFF’S MOTION TO QUASH DEFENDANT’S
DEPOSITION SUBPOENAS FOR PRODUCTION OF BUSINESS RECORDS OF WAL-MART, INC. AND LKQ PICK
YOUR PART
DECLARATION OF KELLIAN W. SUMMERS
I, Kellian W. Summers, declare:
1. I am an attorney at the law firm of Formica Law Group, APC, counsel for Plaintiff
Abraham Cerda Trujillo (“Plaintiff”) in the above-captioned case and am licensed t0 practice
before all Courts 0fthe State ofCalifornia. I am over eighteen years of age and am fully competent
t0 make this Declaration in support 0f Plaintiffs Motion t0 Quash Defendant’s Deposition
Subpoenas for Production of Business Records of LKQ Pick Your Part and Walmart, Inc. I have
personal knowledge of the facts set forth below and, if called as a witness, could competently
testify thereon.
10 2. In Plaintiff’s verified supplemental response t0 Form Interrogatory No. 2.6 served
11 on December 14, 2022, he identified LKQ Pick Your Part as his employer at the time of the
12 accident, and Walmart, Inc. as his current employer. This is not a workers compensation case.
13 Plaintiff was not in the course and scope of his employment with LKQ Pick Your Part at the time
14 of the accident and was not working for Wal-Mart at the time of the accident. Attached hereto as
15 Exhibit “A” is a true and correct copy of Plaintiff’s Verified Responses t0 Defendant’s Form
16 Interrogatories (Set One).
17 3. On November 22, 2023, Defendant Fresenius Medical Care Holdings, Inc. served
18 Deposition Subpoenas for Production 0f Business Records to LKQ Pick Your Part and Walmart,
19 Inc. Attached collectively hereto as Exhibit “B” are true and correct copies 0f Defendant
20 Fresenius’s Deposition Subpoenas for Business Records t0 LKQ Pick Your Part and Walmart,
21 Inc. served November 22, 2023.
22 4. On December 6, 2023, my office sent counsel for Defendants, Mollie Benedict
23 and Kaitlyn Pangburn 0f Tucker Ellis LLP, Plaintiff’s Objection t0 the Subpoenas which were
24 enclosed in a meet and confer letter. In my December 6, 2023, meet and confer letter, I discussed
25 Plaintiff’s issues with Defendant’s subpoenas as presently drafted, namely that the subpoenas
26 were, among other reasons, overboard as t0 scope and a Violation of Plaintiff’s right to privacy.
27 In my letter, I attempted to resolve the issue Without judicial intervention by proposing a
28 compromise. Specifically, I advised Plaintiff is Willing t0 allow the subpoenas t0 remain as
2
DECLARATION OF KELLIAN W. SUMMERS IN SUPPORT OF PLAINTIFF’S MOTION TO QUASH DEFENDANT’S
DEPOSITION SUBPOENAS FOR PRODUCTION OF BUSINESS RECORDS OF WAL-MART, INC. AND LKQ PICK
YOUR PART
Preview
ELECTRONICALLY FILED SUPERIOR COURT OF CALIFORNIA Stefano G. Formica, Esq. [SBN: 241958] COUNTY OF SAN BERNARDINO sformica(a)formicalawgroup.com SAN BERNARDINO DISTRICT KellianW. Summers, Esq. [SBN: 306072] 12/15/2023 5:17 PM ksummersébformicalawgroup.com Nuccio Patti, Esq. [SBN: 349480] By: Brianna Johnson, DEPUTY npatti@f0rmica1awgr0up.com QQUI-bUJN FORMICA LAW GROUP, APC 5900 Wilshire B1Vd., Suite 2250 Los Angeles, CA, 90036 Tel: (323) 272-3334 Fax: (323) 272-3926 Attorney for Plaintiff, ABRAHAM CERDA TRUJILLO 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SAN BERNARDINO 12 ABRAHAM CERDA TRUJILLO, an CASE NO.: CIVD82020893 individual, 13 Assigned for A11 Purposes to: 14 Plaintiff, Hon. Tony Raphael Rancho Cucamonga, Dept R17 15 vs. DECLARATION 0F KELLIAN w. 16 ALEX JOHN BENITEZ, JR., driver; SUMMERS IN SUPPORT 0F 17 FRESENIUS MEDICAL CARE HOLDINGS, PLAINTIFF’S MOTION T0 QUASH INC., Registered Owner; and DOES 1 to 50, DEFENDANT’S DEPOSITION 18 inclusive, SUBPOENAS FOR PRODUCTION 0F BUSINESS RECORDS 0F WAL- 19 Defendants. MART, INC. AND LKQ PICK YOUR PART 20 21 [Filed concurrently with Plaintiff’s Notice ofMotion and Motion Quash; Separate t0 22 Statement; and [Proposed] Order] 23 Date: January 31, 2024 Time: 8:30 A.M. 24 Dept: R17 25 Complaint Filed: October 2, 2020 26 Trial Date: September 25, 2024 AND ALL RELATED CRoss—ACT10N(S) 27 /// 28 DECLARATION OF KELLIAN W. SUMMERS IN SUPPORT OF PLAINTIFF’S MOTION TO QUASH DEFENDANT’S DEPOSITION SUBPOENAS FOR PRODUCTION OF BUSINESS RECORDS OF WAL-MART, INC. AND LKQ PICK YOUR PART DECLARATION OF KELLIAN W. SUMMERS I, Kellian W. Summers, declare: 1. I am an attorney at the law firm of Formica Law Group, APC, counsel for Plaintiff Abraham Cerda Trujillo (“Plaintiff”) in the above-captioned case and am licensed t0 practice before all Courts 0fthe State ofCalifornia. I am over eighteen years of age and am fully competent t0 make this Declaration in support 0f Plaintiffs Motion t0 Quash Defendant’s Deposition Subpoenas for Production of Business Records of LKQ Pick Your Part and Walmart, Inc. I have personal knowledge of the facts set forth below and, if called as a witness, could competently testify thereon. 10 2. In Plaintiff’s verified supplemental response t0 Form Interrogatory No. 2.6 served 11 on December 14, 2022, he identified LKQ Pick Your Part as his employer at the time of the 12 accident, and Walmart, Inc. as his current employer. This is not a workers compensation case. 13 Plaintiff was not in the course and scope of his employment with LKQ Pick Your Part at the time 14 of the accident and was not working for Wal-Mart at the time of the accident. Attached hereto as 15 Exhibit “A” is a true and correct copy of Plaintiff’s Verified Responses t0 Defendant’s Form 16 Interrogatories (Set One). 17 3. On November 22, 2023, Defendant Fresenius Medical Care Holdings, Inc. served 18 Deposition Subpoenas for Production 0f Business Records to LKQ Pick Your Part and Walmart, 19 Inc. Attached collectively hereto as Exhibit “B” are true and correct copies 0f Defendant 20 Fresenius’s Deposition Subpoenas for Business Records t0 LKQ Pick Your Part and Walmart, 21 Inc. served November 22, 2023. 22 4. On December 6, 2023, my office sent counsel for Defendants, Mollie Benedict 23 and Kaitlyn Pangburn 0f Tucker Ellis LLP, Plaintiff’s Objection t0 the Subpoenas which were 24 enclosed in a meet and confer letter. In my December 6, 2023, meet and confer letter, I discussed 25 Plaintiff’s issues with Defendant’s subpoenas as presently drafted, namely that the subpoenas 26 were, among other reasons, overboard as t0 scope and a Violation of Plaintiff’s right to privacy. 27 In my letter, I attempted to resolve the issue Without judicial intervention by proposing a 28 compromise. Specifically, I advised Plaintiff is Willing t0 allow the subpoenas t0 remain as 2 DECLARATION OF KELLIAN W. SUMMERS IN SUPPORT OF PLAINTIFF’S MOTION TO QUASH DEFENDANT’S DEPOSITION SUBPOENAS FOR PRODUCTION OF BUSINESS RECORDS OF WAL-MART, INC. AND LKQ PICK YOUR PART