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1 DIEPENBROCK & COTTER, LLP
JOHN P. COTTER, State Bar No. 158783
2 SARAH K. GLATT, State Bar No. 308103
1435 River Park Drive, Suite 400
3 Sacramento, California 95815
T. (916) 565-6222 | F. (916) 565-6220
4 E. jpc@diepenbrockcotter.com | skg@diepenbrockcotter.com
5 Attorneys for Defendant
NEVADA IRRIGATION DISTRICT
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF PLACER
10
11 GLOVIN BUILDING VISIONARIES, LLC., Case No.: S-CV-0046749
A CALIFORNIA LIMITED LIABILITY
12 COMPANY, DECLARATION OF SARAH K. GLATT
IN SUPPORT OF MOTION TO COMPEL
13 Plaintiff, GLOVIN BUILDING VISIONARIES,
LLC’S FURTHER RESPONSES TO
14 vs. WRITTEN DISCOVERY AND REQUEST
FOR $2,000.00 IN MONETARY
15 NEVADA IRRIGATION DISTRICT; and SANCTIONS
DOES 1 through 50, inclusive,
16
Defendants. Date: January 2, 2024
17 Time 8:30 A.M.
Dept: 42
18
19 Complaint Filed: 05/24/2021
Trial Date: None
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23 I, SARAH K. GLATT, declare:
24 1. I am an attorney employed by Diepenbrock & Cotter, LLP, counsel of record for
25 defendant Nevada Irrigation District (hereinafter “NID”). I am licensed to practice law before the
26 courts of the State of California. I have personal knowledge of the facts set forth in this
27 declaration and, if called as a witness, I could and would testify competently thereto.
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DECLARATION OF SARAH K. GLATT IN SUPPORT OF MOTION TO COMPEL GLOVIN BULDING VISIONAIRS, LLC’S FURTHER
RESPONSES TO WRITTEN DISCOVERY AND REQUEST FOR $2,000.00 IN MONETARY SANCTIONS
1 2. In order to gather evidence related to the easement dispute at issue in this matter,
2 including plaintiff Glovin Building Visionaries, LLC’s (hereinafter “Glovin”) claims for
3 declaratory relief, negligence, nuisance, inverse condemnation, and trespass my office
4 propounded written discovery, including Form Interrogatories, Set One, Request for Admissions,
5 Set One, and Requests for Production of Documents, Set One to Glovin on January 25, 2023.
6 Glovin’s responses to the aforementioned discovery were due February 28, 2023. A true and
7 correct copy of NID’s Requests for Production of Documents, Set One, served on Glovin is
8 attached hereto as Exhibit “A.” A true and correct copy of NID’s Form Interrogatories, Set One,
9 served on Glovin, is attached hereto as Exhibit “B.” A true and correct copy of NID’s Request
10 for Admissions, Set One, served on Glovin, is attached hereto as Exhibit “C.”
11 3. On February 27, 2023, Glovin requested a 30-day discovery extension to serve
12 Glovin’s responses to discovery. On February 27, 2023, my office granted Glovin’s counsel an
13 extension to respond to discovery to March 27, 2023. A true and correct copy of meet and confer
14 emails between counsel for Glovin and my office from February 27, 2023, regarding a discovery
15 extension, is attached hereto as Exhibit “D.”
16 4. On March 23, 2023, Glovin requested a 30-day discovery extension to serve
17 Glvoin’s responses to discovery. My office granted Glovin’s counsel an extension to respond to
18 discovery to April 28, 2023. A true and correct copy of meet and confer emails between counsel
19 for Glovin and my office from March 2023, regarding a discovery extension, is attached hereto as
20 Exhibit “E.”
21 5. On April 25, 2023, Glovin requested a two-week discovery extension to serve
22 Glvin’s responses to discovery. My office granted Glovin’s counsel an extension to respond to
23 discovery to May 12, 2023. A true and correct copy of meet and confer emails between counsel
24 for Glovin and my office from April 2023, regarding a discovery extension, is attached hereto as
25 Exhibit “F.”
26 6. On May 12, 2023, Glovin’s counsel served Glovin’s discovery responses via
27 email. These discovery responses included Glovin’s responses to Form Interrogatories, Set One,
28 Request for Admissions, Set One, and Requests for Production of Documents, Set One previously
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DECLARATION OF SARAH K. GLATT IN SUPPORT OF MOTION TO COMPEL GLOVIN BULDING VISIONAIRS, LLC’S FURTHER
RESPONSES TO WRITTEN DISCOVERY AND REQUEST FOR $2,000.00 IN MONETARY SANCTIONS
1 propounded by NID. These discovery responses were served without verifications and no
2 documents were produced by Glovin. A true and correct copy of Glovin’s initial Responses
3 Requests for Production of Documents, Set One, served by Glovin’s counsel on May 12, 2023, is
4 attached hereto as Exhibit “G.” A true and correct copy of Glovin’s Responses Form
5 Interrogatories, Set One, served by Glovin’s counsel on May 12, 2023 is attached hereto as
6 Exhibit “H.” A true and correct copy of Glovin’s Responses to Request for Admission, Set One,
7 served by Glovn’s counsel on May 12, 2023 is attached hereto as Exhibit “I.” A true and correct
8 copy of Glovin’s Proof of Service for the propounded responses served on May 12, 2023, is
9 attached hereto as Exhibit “J.”
10 7. In May 2023, the parties held an informal inspection of Glovin’s property.
11 However, the parties were not able to come to a resolution and discovery re-commenced.
12 8. In June, July, and August Glovin’s counsel attempted to meet and confer with
13 NID’s counsel related to NID’s document production wherein NID’s counsel was reviewing over
14 81,000 pages of documents which were potentially responsive to Glovin’s production request.
15 9. On September 29 2023, NID’s counsel informed Glovin’s counsel that his client’s
16 responses were unverified and that NID intended to meet and confer with Glovin on its deficient
17 responses.
18 10. On October 2, 2023, Glovin’s counsel served verifications to its client’s initial
19 discovery. A true and correct copy of Glovin’s verifications served on my office on October 2,
20 2023 are attached hereto as Exhibit “K.”
21 11. On October 2, 2023, given this Court’s significant caseload and motion dates, my
22 office met and conferred with Glovin’s counsel’s office and reserved a motion hearing date in the
23 event the parties were unable to come to an agreement about Glovin’s discovery responses. A true
24 and correct copy of Glovin’s counsel correspondence agreeing to the January 2, 2024 motion
25 hearing date is attached hereto as Exhibit “L.”
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DECLARATION OF SARAH K. GLATT IN SUPPORT OF MOTION TO COMPEL GLOVIN BULDING VISIONAIRS, LLC’S FURTHER
RESPONSES TO WRITTEN DISCOVERY AND REQUEST FOR $2,000.00 IN MONETARY SANCTIONS
1 12. On October 5, NID sent Glovin a lengthy and detailed correspondence meeting
2 and conferring on Glovin’s deficient discovery response. This correspondence gave Glovin’s
3 counsel until October 18, 2023, to provide further amended answers. A true and correct copy of
4 the October 18, 2023 correspondence is attached hereto as Exhibit “M.”
5 13. Once again, on October 18, 2023, Glovin’s counsel asked for a discovery
6 extension, but this time to respond to the meet and confer correspondence. Despite Glovin’s
7 counsel’s refusal to withdraw his own client’s motion for discovery compliance against NID,
8 NID’s counsel granted Glovin’s counsel a two-week extension to provide amended, verified
9 responses as outlined in the October 5, 2023 correspondence. Glovin’s further responses were
10 now due November 1, 2023. A true and correct copy of my October 18, 2023 correspondence is
11 attached hereto as Exhibit “N.”
12 14. On November 6, 2023, Glovin’s counsel stated he would provide his client’s
13 responses and documents on November 7 or November 8. A copy of Glovin’s counsel’s
14 November 6, 2023 correspondence is attached hereto as Exhibit “O.”
15 15. On November 8, 2023, Glovin served Supplemental Responses to Form
16 Interrogatories, Set One and Supplemental Responses to Request for Production, Set One as well
17 as responsive documents. This was the first time Glovin produced documents. A true and
18 correct copy of Glovin’s Supplemental Responses Requests for Production of Documents, Set
19 One, served by Glvoin’s counsel on November 8, 2023, is attached hereto as Exhibit “P.” A true
20 and correct copy of Glovin’s Supplemental Responses Form Interrogatories, Set One, served by
21 Glovin’s counsel on November 8, 2023 is attached hereto as Exhibit “Q.” A true and correct
22 copy of Glovin’s verifications to the aforementioned discovery is attached hereto as Exhibit “R.”
23 A true and correct copy of Glovin’s Proof of Service for the propounded responses served on
24 November 8, 2023, is attached hereto as Exhibit “S.”
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DECLARATION OF SARAH K. GLATT IN SUPPORT OF MOTION TO COMPEL GLOVIN BULDING VISIONAIRS, LLC’S FURTHER
RESPONSES TO WRITTEN DISCOVERY AND REQUEST FOR $2,000.00 IN MONETARY SANCTIONS
1 16. Again, these responses were deficient or in compliance with the Civil Discovery
2 Act and on November 8, 2023 counsel for NID attempted to meet and confer with Glovin’s
3 Counsel. NID requested further supplemental responses by November 20, 2023. The parties were
4 unable to come to an agreement. Attached hereto as Exhibit “T” is a copy of the parties further
5 attempts to meet and confer on this supplemental discovery.
6 17. On November 30, 2023, I informed Glovin’s counsel that we would proceed with
7 the filing of this motion. At this time, Glovin’s counsel informed my office that they had a Trial
8 Setting Conference in another matter in Sutter County set for January 2, 2024. Glovin’s counsel
9 also informed me that they had filed an At-Issue Memorandum with Sutter Court in early
10 November and Sutter had set the Trial Setting Conference on its own without input from the
11 parties. Attached hereto as Exhibit “U” is a copy of the exchange regarding Glovin’s subsequent
12 conflict with the hearing date of this motion. It is not clear why Glovin’s counsel did not inform
13 Sutter Court of its January 2, 2024 commitment at the time the At-Issue Memorandum was filed
14 nor why counsel for Glovin did not inform Sutter County about the hearing on this motion upon
15 receipt of the Trial Setting Conference notice.
16 18. To date, NID has received no further and/or amended responses whatsoever. NID
17 has no option but to bring this motion to compel further responses. To that end, the information
18 and evidence being sought by NID is directly relevant to the instant action and there is no reason
19 why it should not be compelled. As a result of Glvoin’s failure to provide further responses to
20 written discovery, NID has not been able, through no fault of its own, to fully investigate
21 Glovin’s claims by way of the discoverable materials.
22 19. I have been practicing law for eight (8) years and I am a member in good standing
23 of the Bar of the State of California.
24 20. My hourly rate is $250.00 per hour which is highly competitive with the hourly
25 rates charged by attorneys in the Sacramento and Placer County defense counsel markets with
26 similar experience.
27 21. NID and its counsel have incurred reasonable costs and attorney’s fees in
28 connection with this motion and the hearing thereon, totaling $2,310.00, consisting of the
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DECLARATION OF SARAH K. GLATT IN SUPPORT OF MOTION TO COMPEL GLOVIN BULDING VISIONAIRS, LLC’S FURTHER
RESPONSES TO WRITTEN DISCOVERY AND REQUEST FOR $2,000.00 IN MONETARY SANCTIONS
1 following: (a) $2,250.00 in attorney’s fees incurred in preparing this motion, conferring with
2 Glovin’s counsel, and appearing at the hearing (nine hours including drafting an 7-page meet and
3 confer correspondence, 13 page separate statement, 10-page points and authorities at $250.00 per
4 hour); and (b) the filing fees of $60.00). However, although counsel for NID expended a
5 significant amount of time meeting and conferring and preparing the instant Motion, NID is only
6 requesting the Court impose monetary sanctions in the amount of $2,000.00 against Glovin and
7 his counsel to order to partially defray the reasonable attorneys’ fees and expenses. NID believes
8 an award of sanctions in this instance is especially appropriate given that NID is a public entity.
9 22. NID have been forced to incur these fees and costs due to Glovin’s refusal to
10 participate in the discovery process. The amount of time that I have spent and will spend in
11 furtherance of this motion was necessary and reasonable, as no alternative means of resolving this
12 issue was available.
13 23. The factual averments contained in this motion are true and correct on information
14 and belief. I declare under penalty of perjury under the laws of the State of California that the
15 foregoing is true and correct except as to matters stated on information and belief and as to those
16 matters, I believe them to be true.
17 This declaration was executed on December 1, 2023, in Sacramento, California.
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19 SARAH K. GLATT
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DECLARATION OF SARAH K. GLATT IN SUPPORT OF MOTION TO COMPEL GLOVIN BULDING VISIONAIRS, LLC’S FURTHER
RESPONSES TO WRITTEN DISCOVERY AND REQUEST FOR $2,000.00 IN MONETARY SANCTIONS
Exhi bit A
DISC-001
ATTORNEY OR PARTY WITHOUT ATTORN EV (Name, State Bar number, and address):
SARAH K. GLATT SBN: 308103
- DIEPENBROCK & COTTER LLP
1435 RIVER PARK DRIVE, SUITE 400, SACRAMENTO, CA 95815
TELEPHONE NO,: (916) 565-6222
FAX NO, (Optional): (916) 565-6220
E-MAIL ADDRESS (Optional): skg@diepenbrockcotter.com
ATTORNEY FOR (Name): NEVADA IRRIGATION DISTRICT
SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER
SHORT TITLE OF CASE: GLOVIN BUILDING VISIONARIES, LLC v. NEVADA IRRIGATION DISTRICT
CASE NUMBER:
FORM INTERROGATORIES-GENERAL
Asking Party: NEVADA IRRIGATION DISTRICT S-CV-0046749
Answering Party: GLOVIN BUILDING VISIONARIES, LLC
Set No.: ONE
Sec. 1. Instructions to All Parties (c) Each answer must be as complete and straightforward
(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 attorneys or agents, permits. If
answered under oath. The interrogatories below are form an interrogatory cannot be answered completely, answer it to
interrogatories approved for use in civil cases. the extent possible.
(b) For time limitations, requirements for service on other (d) If you do not have enough personal knowledge to fully
parties, and other details, see Code of Civil Procedure answer an interrogatory, say so, but make a reasonable and
sections 2030.010-2030.410 and the cases construing those good faith effort to get the information by asking other persons
sections. or organizations, unless the information is equally available to
(c) These form interrogatories do not change existing law the asking party.
relating to interrogatories nor do they affect an answering (e) Whenever an interrogatory 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
exhibit to the response and referred to in the response. If the
Sec. 2. Instructions to the Asking Party document has more than one page, refer to the page and
(a) These interrogatories are designed for optional use by section where the answer to the interrogatory can be found.
parties in unlimited civil cases where the amount demanded
(f) Whenever an address and telephone number for the
exceeds $25,000. Separate interrogatories, Form
same person are requested in more than one interrogatory,
Interrogatories-Limited Civil Cases (Economic Litigation)
you are required to furnish them in answering only the first
(form DISC-004), which have no subparts, are designed for
interrogatory asking for that information.
use in limited civil cases where the amount demanded is
$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
state the objection in your written response.
(b) Check the box next to each interrogatory that you want
the answering party to answer. Use care in choosing those (h) Your answers to these interrogatories must be verified,
interrogatories that are applicable 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 I declare under penalty of perjury under the laws of the
conduct or a series of events occurring over a period of time. State of California 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 (DATE) (SIGNATURE)
investigation or discovery of plaintiff's injuries and damages.
(e) Additional interrogatories may be attached. Sec. 4. Definitions
Sec. 3. Instructions to the Answering Party Words in BOLDFACE CAPITALS in these interrogatories
(a) An answer or other appropriate response must be are defined as follows:
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 DX (1) INCIDENT includes the circumstances and
with these interrogatories, you must serve your responses on events surrounding the alleged accident, injury, or
the asking party and serve copies of your responses on all other occurrence or breach of contract giving rise to
other parties to the action who have appeared. See Code of this action or proceeding.
Civil Procedure sections 2030.260-2030.270 for details.
Page 1 of 8
Form Approved for Optional Use Code of Civil Procedure,
Judicial Council of California FORM INTERROGATORIES-GENERAL §§ 2030.010-2030.410, 2033.710
DISC-001 IRev. January 1, 2008] www.courtinfo.ca.gov
Westlaw Doc & Form Builder
DISC-001
D (2) INCIDENT means (insert your definition here or 1.0 Identity of Persons Answering These Interrogatories
on a separate, attached sheet labeled "Sec.
4(a)(2)"):
DX 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
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
includes you, your agents, your employees, your insurance
D 2.1 State:
(a) your name;
companies, their agents, their employees, your attorneys, 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, D 2.2 State the date and place of your birth.
organization, partnership, business, trust, limited liability
company, corporation, or public entity.
D 2.3 At the time of the INCIDENT, did you have a driver's
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 (d) all restrictions.
recording upon any tangible thing and form of communicating
or representation, including letters, words, pictures, sounds, or
D 2.4 At the time of the INCIDENT, did you have any other
permit or license for the operation of a motor vehicle? If so,
symbols, or combinations of them.
state:
(e) HEALTH CARE PROVIDER includes any PERSON (a) the state or other issuing entity;
referred to in Code of Civil Procedure section 667.7(e)(3). (b) the license number and type;
(c) the date of issuance; and
(f) ADDRESS means the street address, including the city, (d) all restrictions.
state, and zip code.
Sec. 5. Interrogatories
D 2.5 State:
(a) your present residence ADDRESS;
The following interrogatories have been approved by the (b) your residence ADDRESSES for the past five years; and
Judicial Council under Code of Civil Procedure section 2033.710: (c) the dates you lived at each ADDRESS.
CONTENTS
1.0 Identity of Persons Answering These Interrogatories
D 2.6 State:
(a) the name, ADDRESS, and telephone number of your
2.0 General Background Information-Individual present employer or place of self-employment; and
3.0 General Background Information-Business Entity
(b) the name, ADDRESS, dates of employment, job title,
4.0 Insurance
and nature of work for each employer or
5.0 [Reserved}
self-employment you have had from five years before
6.0 Physical, Mental, or Emotional Injuries
the INCIDENT until today.
7.0 Property Damage
8.0 Loss of Income or Earning Capacity D 2.7 State:
9.0 Other Damages (a) the name and ADDRESS of each school or other
10.0 Medical History academic or vocational institution you have attended,
11.0 Other Claims and Previous Claims beginning with high school;
12.0 Investigation-General (b) the dates you attended;
13.0 Investigation-Surveillance (c) the highest grade level you have completed; and
14.0 Statutory or Regulatory Violations (d) the degrees received.
15.0 Denials and Special or Affirmative Defenses
16.0 Defendant's Contentions Personal Injury D 2.8 Have you ever been convicted of a felony? If so, for
17.0 Responses to Request for Admissions each conviction state:
18.0 [Reserved} (a) the city and state where you were convicted;
19.0 [Reserved} (b) the date of conviction;
20.0 How the Incident Occurred-Motor Vehicle (c) the offense; and
25.0 [Reserved} (d) the court and case number.
30.0 [Reserved}
40.0 [Reserved}
50.0 Contract
D 2.9 Can you speak English with ease? If not, what
language and dialect do you normally use?
60.0 [Reserved}
70.0 Unlawful Detainer [See separate form DISC-003}
101.0 Economic Litigation [See separate form DISC-004}
D 2.1 O Can you read and write English with ease? If not, what
language and dialect do you normally use?
200.0 Employment Law [See separate form DISC-002}
Family Law [See separate form FL-145]
DISC-001 [Rev. January 1. 2008] Page 2 of 8
FORM INTERROGATORIES-GENERAL
DISC-001
D 2.11 At the time of the INCIDENT were you acting as an DX 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
(d) the ADDRESS of the principal place of business.
D 2.12 At the time of the INCIDENT did you or any other
DX 3.5 Are you an unincorporated association?
person have any physical, emotional, or mental disability or
condition that may have contributed to the occurrence of the If so, state:
INCIDENT? If so, for each person state: (a) the current unincorporated association name;
(a) the name, ADDRESS, and telephone number; (b) all other names used by the unincorporated association
(b) the nature of the disability or condition; and during the past 10 years and the dates each was used;
(c) the manner in which the disability or condition and
contributed to the occurrence of the INCIDENT. (c) the ADDRESS of the principal place of business.
D 2.13 Within 24 hours before the INCIDENT did you or any DX 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 (a) the name;
other drug or medication of any kind (prescription or not)? If (b) the dates each was used;
so, for each person state: (c) the state and county of each fictitious name filing; and
(a) the name, ADDRESS, and telephone number; (d) the ADDRESS of the principal place of business.
(b) the nature or description of each substance;
(c) the quantity of each substance used or taken; DX 3.7 Within the past five years has any public entity regis-
(d) the date and time of day when each substance was used tered or licensed your business? If so, for each license or
or taken; 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
(c) state the dates of issuance and expiration.
person who was present when each substance was used
or taken; and
(g) the name, ADDRESS, and telephone number of any 4.0 Insurance
HEALTH CARE PROVIDER who prescribed or furnished DX 4.1 At the time of the INCIDENT, was there in effect any
the substance and the condition for which it was policy of insurance through which you were or might be
prescribed or furnished. insured in any manner (for example, primary, pro-rata, or
excess liability coverage or medical expense coverage) for
3.0 General Background Information-Business Entity the damages, claims, or actions that have arisen out of the
DX 3.1 Are you a corporation? If so, state: INCIDENT? If so, for each policy 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) the policy number;
(e) whether you are qualified to do business in California. (e) the limits of coverage for each type of coverage con-
tained in the policy;
DX 3.2 Are you a partnership? If so, state: (f) whether any reservation of rights or controversy or
(a) the current partnership name; coverage dispute exists between you and the insurance
(b) all other names used by the partnership during the past company; and
10 years and the dates each was used; (g) the name, ADDRESS, and telephone number of the
(c) whether you are a limited partnership and, if so, under custodian of the policy.
the laws of what jurisdiction;
(d) the name and ADDRESS of each general partner; and DX 4.2 Are you self-insured under any statute for the damages,
(e) the ADDRESS of the principal place of business. claims, or actions that have arisen out of the INCIDENT? If
so, specify the statute.
DX 3.3 Are you a limited liability company? If so, state:
(a) the name stated in the current articles of organization; 5.0 [Reserved}
(b) all other names used by the company during the past 10
6.0 Physical, Mental, or Emotional Injuries
years and the date each was used;
(c) the date and place of filing of the articles of organization;
(d) the ADDRESS of the principal place of business; and
D 6.1 Do you attribute any physical, mental, or emotional
injuries to the INCIDENT? (If your answer is "no," do not
(e) whether you are qualified to do business in California. answer interrogatories 6.2 through 6.7).
D 6.2 Identify each injury you attribute to the INCIDENT and
the area of your body affected.
DISC-001 [Rev. January 1. 2008]
FORM INTERROGATORIES-GENERAL Page 3 of 8
DISC-001
D 6.3 Do you still have any complaints that you attribute to (c) state the amount of damage you are claiming for each
the INCIDENT? If so, for each complaint state: item of property and how the amount was calculated; and
(a) a description; (d) if the property was sold, state the name, ADDRESS, and
(b) whether the complaint is subsiding, remaining the same, telephone number of the seller, the date of sale, and the
or becoming worse; and sale price.
(c) the frequency and duration.
D 6.4 Did you receive any consultation or examination DX 7.2 Has a written estimate or evaluation been made for any
(except from expert witnesses covered by Code of Civil item of property referred to in your answer to the preceding
Procedure sections 2034.210-2034.310) or treatment from a interrogatory? If so, for each estimate or evaluation state:
HEALTH CARE PROVIDER for any injury you attribute to
(a) the name, ADDRESS, and telephone number of the
the INCIDENT? If so, for each HEALTH CARE PROVIDER
PERSON who prepared it and the date prepared;
state:
(b) the 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) the amount of damage stated.
provided;
(c) the dates you received consultation, examination, or
treatment; and DX 7.3 Has any item of property referred to in your answer to
(d) the charges to date. interrogatory 7.1 been repaired? If so, for each item state:
(a) the date repaired;
(b) a description of the repair;
D 6.5 Have you taken any medication, prescribed or not, as a
(c) the repair cost;
result of injuries that you attribute to the INCIDENT? If so,
for each medication state: (d) the 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
(e) the cost to date. 8.0 Loss of Income or Earning Capacity
D 8.1 Do you attribute any loss of income or earning capacity
D 6.6 Are there any other medical services necessitated by to the INCIDENT? (If your answer is "no," do not answer
the injuries that you attribute to the INCIDENT that were not interrogatories 8.2 through 8.8).
previously listed (for example, ambulance, nursing,
prosthetics)? If so, for each service state:
(a) the nature;
D 8.2 State:
(a) the nature of your work;
(b) the date;
(b) your job title at the time of the INCIDENT; and
(c) the cost; and (c) the date your employment began.
(d) the name, ADDRESS, and telephone number
of each provider. D 8.3 State the last date before the INCIDENT that you
worked for compensation.
0 6. 7 Has any HEALTH CARE PROVIDER advised that you
may require future or additional treatment for any injuries D 8.4 State your monthly income at the time of the INCIDENT
that you attribute to the INCIDENT? If so, for each injury and how the amount was calculated.
state:
(a) the name and ADDRESS of each HEALTH CARE D 8.5 State the date you returned to work at each place of
PROVIDER; employment following the INCIDENT.
(b) the complaints for which the treatment was advised; and
(c) the nature, duration, and estimated cost of the
treatment.
D 8.6 State the dates you did not work and for which you lost
income as a result of the INCIDENT.
7.0 Property Damage D 8.7 State the total income you have lost to date as a result
DX 7.1 Do you attribute any loss of or damage to a vehicle or of the INCIDENT and how the amount was calculated.
other property to the INCIDENT? If so, for each item of
property: D 8.8 Will you lose income in the future as a result of the
(a) describe the property; INCIDENT? If so, state:
(b) describe the nature and location of the damage to the (a) the facts upon which you base this contention;
property; (b) an estimate of the amount;
(c) an estimate of how long you will be unable to work; and
(d) how the claim for future income is calculated.
DISC-001 [Rev. January 1. 2008]
FORM INTERROGATORIES-GENERAL Page 4 of 8
DISC-001
9.0 Other Damages (c) the court, names of the parties, and case number of any
action filed;
DX 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;
(b) the date it occurred; (e) whether the claim or action has been resolved or is
(c) the amount; and pending; and
(d) the name, ADDRESS, and telephone number of each (f) a description of the injury.
PERSON to whom an obligation was incurred.
D 11.2 In the past 10 years have you made a written claim or
demand for workers' compensation benefits? If so, for each
DX 9.2 Do any DOCUMENTS support the existence or amount claim or demand state:
of any item of damages claimed in interrogatory 9.1? If so, (a) the date, time, and place of the INCIDENT giving rise to
describe each document and state the name, ADDRESS, the claim;
and telephone number of the PERSON who has each (b) the name, ADDRESS, and telephone number of your
DOCUMENT. employer at the time of the injury;
(c) the name, ADDRESS, and telephone number of the
workers' compensation insurer and the claim number;
10.0 Medical History (d) the period of time during which you received workers'
D 10.1 At any time before the INCIDENT did you have com- compensation benefits;
plaints or injuries that involved the same part of your body (e) a description of the injury;
claimed to have been injured in the INCIDENT? If so, for (f) the name, ADDRESS, and telephone number of any
each state: HEALTH CARE PROVIDER who provided services; and
(a) a description of the complaint or injury; (g) the case number at the Workers' Compensation Appeals
(b) the dates it began and ended; and Board.
(c) the name, ADDRESS, and telephone number of each
HEALTH CARE PROVIDER whom you consulted or 12.0 Investigation-General
who examined or treated you.
DX 12.1 State the name, ADDRESS, and telephone number of
each individual:
D 10.2 List all physical, mental, and emotional disabilities you (a) who witnessed the INCIDENT or the events occurring
had immediately before the INCIDENT. (You may omit immediately before or after the INCIDENT;
mental or emotional disabilities unless you attribute any (b) who made any statement at the scene of the INCIDENT;
mental or emotional injury to the INCIDENT.) (c) who heard any statements made about the INCIDENT by
any individual at the scene; and
D 10.3 At any time after the INCIDENT, did you sustain
(d) who YOU OR ANYONE ACTING ON YOUR BEHALF
injuries of the kind for which you are now claiming
claim has knowledge of the INCIDENT (except for
damages? If so, for each incident giving rise to an injury
expert witnesses covered by Code of Civil Procedure
state:
section 2034).
(a) the date and the place it occurred;
(b) the name, ADDRESS, and telephone number of any
other PERSON involved;
0X 12.2 Have YOU OR ANYONE ACTING ON YOUR
BEHALF interviewed any individual concerning the
(c) the nature of any injuries you sustained; INCIDENT? If so, for each individual state:
(d) the name, ADDRESS, and telephone number of each
(a) the name, ADDRESS, and telephone number of the
HEALTH CARE PROVIDER who you consulted or who
individual interviewed;
examined or treated you; and
(b) the date of the interview; and
(e) the nature of the treatment and its duration.
(c) the name, ADDRESS, and telephone number of the
11.0 Other Claims and Previo
Preview
1 DIEPENBROCK & COTTER, LLP JOHN P. COTTER, State Bar No. 158783 2 SARAH K. GLATT, State Bar No. 308103 1435 River Park Drive, Suite 400 3 Sacramento, California 95815 T. (916) 565-6222 | F. (916) 565-6220 4 E. jpc@diepenbrockcotter.com | skg@diepenbrockcotter.com 5 Attorneys for Defendant NEVADA IRRIGATION DISTRICT 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF PLACER 10 11 GLOVIN BUILDING VISIONARIES, LLC., Case No.: S-CV-0046749 A CALIFORNIA LIMITED LIABILITY 12 COMPANY, DECLARATION OF SARAH K. GLATT IN SUPPORT OF MOTION TO COMPEL 13 Plaintiff, GLOVIN BUILDING VISIONARIES, LLC’S FURTHER RESPONSES TO 14 vs. WRITTEN DISCOVERY AND REQUEST FOR $2,000.00 IN MONETARY 15 NEVADA IRRIGATION DISTRICT; and SANCTIONS DOES 1 through 50, inclusive, 16 Defendants. Date: January 2, 2024 17 Time 8:30 A.M. Dept: 42 18 19 Complaint Filed: 05/24/2021 Trial Date: None 20 21 22 23 I, SARAH K. GLATT, declare: 24 1. I am an attorney employed by Diepenbrock & Cotter, LLP, counsel of record for 25 defendant Nevada Irrigation District (hereinafter “NID”). I am licensed to practice law before the 26 courts of the State of California. I have personal knowledge of the facts set forth in this 27 declaration and, if called as a witness, I could and would testify competently thereto. 28 // 1 DECLARATION OF SARAH K. GLATT IN SUPPORT OF MOTION TO COMPEL GLOVIN BULDING VISIONAIRS, LLC’S FURTHER RESPONSES TO WRITTEN DISCOVERY AND REQUEST FOR $2,000.00 IN MONETARY SANCTIONS 1 2. In order to gather evidence related to the easement dispute at issue in this matter, 2 including plaintiff Glovin Building Visionaries, LLC’s (hereinafter “Glovin”) claims for 3 declaratory relief, negligence, nuisance, inverse condemnation, and trespass my office 4 propounded written discovery, including Form Interrogatories, Set One, Request for Admissions, 5 Set One, and Requests for Production of Documents, Set One to Glovin on January 25, 2023. 6 Glovin’s responses to the aforementioned discovery were due February 28, 2023. A true and 7 correct copy of NID’s Requests for Production of Documents, Set One, served on Glovin is 8 attached hereto as Exhibit “A.” A true and correct copy of NID’s Form Interrogatories, Set One, 9 served on Glovin, is attached hereto as Exhibit “B.” A true and correct copy of NID’s Request 10 for Admissions, Set One, served on Glovin, is attached hereto as Exhibit “C.” 11 3. On February 27, 2023, Glovin requested a 30-day discovery extension to serve 12 Glovin’s responses to discovery. On February 27, 2023, my office granted Glovin’s counsel an 13 extension to respond to discovery to March 27, 2023. A true and correct copy of meet and confer 14 emails between counsel for Glovin and my office from February 27, 2023, regarding a discovery 15 extension, is attached hereto as Exhibit “D.” 16 4. On March 23, 2023, Glovin requested a 30-day discovery extension to serve 17 Glvoin’s responses to discovery. My office granted Glovin’s counsel an extension to respond to 18 discovery to April 28, 2023. A true and correct copy of meet and confer emails between counsel 19 for Glovin and my office from March 2023, regarding a discovery extension, is attached hereto as 20 Exhibit “E.” 21 5. On April 25, 2023, Glovin requested a two-week discovery extension to serve 22 Glvin’s responses to discovery. My office granted Glovin’s counsel an extension to respond to 23 discovery to May 12, 2023. A true and correct copy of meet and confer emails between counsel 24 for Glovin and my office from April 2023, regarding a discovery extension, is attached hereto as 25 Exhibit “F.” 26 6. On May 12, 2023, Glovin’s counsel served Glovin’s discovery responses via 27 email. These discovery responses included Glovin’s responses to Form Interrogatories, Set One, 28 Request for Admissions, Set One, and Requests for Production of Documents, Set One previously 2 DECLARATION OF SARAH K. GLATT IN SUPPORT OF MOTION TO COMPEL GLOVIN BULDING VISIONAIRS, LLC’S FURTHER RESPONSES TO WRITTEN DISCOVERY AND REQUEST FOR $2,000.00 IN MONETARY SANCTIONS 1 propounded by NID. These discovery responses were served without verifications and no 2 documents were produced by Glovin. A true and correct copy of Glovin’s initial Responses 3 Requests for Production of Documents, Set One, served by Glovin’s counsel on May 12, 2023, is 4 attached hereto as Exhibit “G.” A true and correct copy of Glovin’s Responses Form 5 Interrogatories, Set One, served by Glovin’s counsel on May 12, 2023 is attached hereto as 6 Exhibit “H.” A true and correct copy of Glovin’s Responses to Request for Admission, Set One, 7 served by Glovn’s counsel on May 12, 2023 is attached hereto as Exhibit “I.” A true and correct 8 copy of Glovin’s Proof of Service for the propounded responses served on May 12, 2023, is 9 attached hereto as Exhibit “J.” 10 7. In May 2023, the parties held an informal inspection of Glovin’s property. 11 However, the parties were not able to come to a resolution and discovery re-commenced. 12 8. In June, July, and August Glovin’s counsel attempted to meet and confer with 13 NID’s counsel related to NID’s document production wherein NID’s counsel was reviewing over 14 81,000 pages of documents which were potentially responsive to Glovin’s production request. 15 9. On September 29 2023, NID’s counsel informed Glovin’s counsel that his client’s 16 responses were unverified and that NID intended to meet and confer with Glovin on its deficient 17 responses. 18 10. On October 2, 2023, Glovin’s counsel served verifications to its client’s initial 19 discovery. A true and correct copy of Glovin’s verifications served on my office on October 2, 20 2023 are attached hereto as Exhibit “K.” 21 11. On October 2, 2023, given this Court’s significant caseload and motion dates, my 22 office met and conferred with Glovin’s counsel’s office and reserved a motion hearing date in the 23 event the parties were unable to come to an agreement about Glovin’s discovery responses. A true 24 and correct copy of Glovin’s counsel correspondence agreeing to the January 2, 2024 motion 25 hearing date is attached hereto as Exhibit “L.” 26 // 27 // 28 // 3 DECLARATION OF SARAH K. GLATT IN SUPPORT OF MOTION TO COMPEL GLOVIN BULDING VISIONAIRS, LLC’S FURTHER RESPONSES TO WRITTEN DISCOVERY AND REQUEST FOR $2,000.00 IN MONETARY SANCTIONS 1 12. On October 5, NID sent Glovin a lengthy and detailed correspondence meeting 2 and conferring on Glovin’s deficient discovery response. This correspondence gave Glovin’s 3 counsel until October 18, 2023, to provide further amended answers. A true and correct copy of 4 the October 18, 2023 correspondence is attached hereto as Exhibit “M.” 5 13. Once again, on October 18, 2023, Glovin’s counsel asked for a discovery 6 extension, but this time to respond to the meet and confer correspondence. Despite Glovin’s 7 counsel’s refusal to withdraw his own client’s motion for discovery compliance against NID, 8 NID’s counsel granted Glovin’s counsel a two-week extension to provide amended, verified 9 responses as outlined in the October 5, 2023 correspondence. Glovin’s further responses were 10 now due November 1, 2023. A true and correct copy of my October 18, 2023 correspondence is 11 attached hereto as Exhibit “N.” 12 14. On November 6, 2023, Glovin’s counsel stated he would provide his client’s 13 responses and documents on November 7 or November 8. A copy of Glovin’s counsel’s 14 November 6, 2023 correspondence is attached hereto as Exhibit “O.” 15 15. On November 8, 2023, Glovin served Supplemental Responses to Form 16 Interrogatories, Set One and Supplemental Responses to Request for Production, Set One as well 17 as responsive documents. This was the first time Glovin produced documents. A true and 18 correct copy of Glovin’s Supplemental Responses Requests for Production of Documents, Set 19 One, served by Glvoin’s counsel on November 8, 2023, is attached hereto as Exhibit “P.” A true 20 and correct copy of Glovin’s Supplemental Responses Form Interrogatories, Set One, served by 21 Glovin’s counsel on November 8, 2023 is attached hereto as Exhibit “Q.” A true and correct 22 copy of Glovin’s verifications to the aforementioned discovery is attached hereto as Exhibit “R.” 23 A true and correct copy of Glovin’s Proof of Service for the propounded responses served on 24 November 8, 2023, is attached hereto as Exhibit “S.” 25 // 26 // 27 // 28 // 4 DECLARATION OF SARAH K. GLATT IN SUPPORT OF MOTION TO COMPEL GLOVIN BULDING VISIONAIRS, LLC’S FURTHER RESPONSES TO WRITTEN DISCOVERY AND REQUEST FOR $2,000.00 IN MONETARY SANCTIONS 1 16. Again, these responses were deficient or in compliance with the Civil Discovery 2 Act and on November 8, 2023 counsel for NID attempted to meet and confer with Glovin’s 3 Counsel. NID requested further supplemental responses by November 20, 2023. The parties were 4 unable to come to an agreement. Attached hereto as Exhibit “T” is a copy of the parties further 5 attempts to meet and confer on this supplemental discovery. 6 17. On November 30, 2023, I informed Glovin’s counsel that we would proceed with 7 the filing of this motion. At this time, Glovin’s counsel informed my office that they had a Trial 8 Setting Conference in another matter in Sutter County set for January 2, 2024. Glovin’s counsel 9 also informed me that they had filed an At-Issue Memorandum with Sutter Court in early 10 November and Sutter had set the Trial Setting Conference on its own without input from the 11 parties. Attached hereto as Exhibit “U” is a copy of the exchange regarding Glovin’s subsequent 12 conflict with the hearing date of this motion. It is not clear why Glovin’s counsel did not inform 13 Sutter Court of its January 2, 2024 commitment at the time the At-Issue Memorandum was filed 14 nor why counsel for Glovin did not inform Sutter County about the hearing on this motion upon 15 receipt of the Trial Setting Conference notice. 16 18. To date, NID has received no further and/or amended responses whatsoever. NID 17 has no option but to bring this motion to compel further responses. To that end, the information 18 and evidence being sought by NID is directly relevant to the instant action and there is no reason 19 why it should not be compelled. As a result of Glvoin’s failure to provide further responses to 20 written discovery, NID has not been able, through no fault of its own, to fully investigate 21 Glovin’s claims by way of the discoverable materials. 22 19. I have been practicing law for eight (8) years and I am a member in good standing 23 of the Bar of the State of California. 24 20. My hourly rate is $250.00 per hour which is highly competitive with the hourly 25 rates charged by attorneys in the Sacramento and Placer County defense counsel markets with 26 similar experience. 27 21. NID and its counsel have incurred reasonable costs and attorney’s fees in 28 connection with this motion and the hearing thereon, totaling $2,310.00, consisting of the 5 DECLARATION OF SARAH K. GLATT IN SUPPORT OF MOTION TO COMPEL GLOVIN BULDING VISIONAIRS, LLC’S FURTHER RESPONSES TO WRITTEN DISCOVERY AND REQUEST FOR $2,000.00 IN MONETARY SANCTIONS 1 following: (a) $2,250.00 in attorney’s fees incurred in preparing this motion, conferring with 2 Glovin’s counsel, and appearing at the hearing (nine hours including drafting an 7-page meet and 3 confer correspondence, 13 page separate statement, 10-page points and authorities at $250.00 per 4 hour); and (b) the filing fees of $60.00). However, although counsel for NID expended a 5 significant amount of time meeting and conferring and preparing the instant Motion, NID is only 6 requesting the Court impose monetary sanctions in the amount of $2,000.00 against Glovin and 7 his counsel to order to partially defray the reasonable attorneys’ fees and expenses. NID believes 8 an award of sanctions in this instance is especially appropriate given that NID is a public entity. 9 22. NID have been forced to incur these fees and costs due to Glovin’s refusal to 10 participate in the discovery process. The amount of time that I have spent and will spend in 11 furtherance of this motion was necessary and reasonable, as no alternative means of resolving this 12 issue was available. 13 23. The factual averments contained in this motion are true and correct on information 14 and belief. I declare under penalty of perjury under the laws of the State of California that the 15 foregoing is true and correct except as to matters stated on information and belief and as to those 16 matters, I believe them to be true. 17 This declaration was executed on December 1, 2023, in Sacramento, California. 18 __________________________ 19 SARAH K. GLATT 20 21 22 23 24 25 26 27 28 6 DECLARATION OF SARAH K. GLATT IN SUPPORT OF MOTION TO COMPEL GLOVIN BULDING VISIONAIRS, LLC’S FURTHER RESPONSES TO WRITTEN DISCOVERY AND REQUEST FOR $2,000.00 IN MONETARY SANCTIONS Exhi bit A DISC-001 ATTORNEY OR PARTY WITHOUT ATTORN EV (Name, State Bar number, and address): SARAH K. GLATT SBN: 308103 - DIEPENBROCK & COTTER LLP 1435 RIVER PARK DRIVE, SUITE 400, SACRAMENTO, CA 95815 TELEPHONE NO,: (916) 565-6222 FAX NO, (Optional): (916) 565-6220 E-MAIL ADDRESS (Optional): skg@diepenbrockcotter.com ATTORNEY FOR (Name): NEVADA IRRIGATION DISTRICT SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER SHORT TITLE OF CASE: GLOVIN BUILDING VISIONARIES, LLC v. NEVADA IRRIGATION DISTRICT CASE NUMBER: FORM INTERROGATORIES-GENERAL Asking Party: NEVADA IRRIGATION DISTRICT S-CV-0046749 Answering Party: GLOVIN BUILDING VISIONARIES, LLC Set No.: ONE Sec. 1. Instructions to All Parties (c) Each answer must be as complete and straightforward (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 attorneys or agents, permits. If answered under oath. The interrogatories below are form an interrogatory cannot be answered completely, answer it to interrogatories approved for use in civil cases. the extent possible. (b) For time limitations, requirements for service on other (d) If you do not have enough personal knowledge to fully parties, and other details, see Code of Civil Procedure answer an interrogatory, say so, but make a reasonable and sections 2030.010-2030.410 and the cases construing those good faith effort to get the information by asking other persons sections. or organizations, unless the information is equally available to (c) These form interrogatories do not change existing law the asking party. relating to interrogatories nor do they affect an answering (e) Whenever an interrogatory 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 exhibit to the response and referred to in the response. If the Sec. 2. Instructions to the Asking Party document has more than one page, refer to the page and (a) These interrogatories are designed for optional use by section where the answer to the interrogatory can be found. parties in unlimited civil cases where the amount demanded (f) Whenever an address and telephone number for the exceeds $25,000. Separate interrogatories, Form same person are requested in more than one interrogatory, Interrogatories-Limited Civil Cases (Economic Litigation) you are required to furnish them in answering only the first (form DISC-004), which have no subparts, are designed for interrogatory asking for that information. use in limited civil cases where the amount demanded is $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 state the objection in your written response. (b) Check the box next to each interrogatory that you want the answering party to answer. Use care in choosing those (h) Your answers to these interrogatories must be verified, interrogatories that are applicable 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 I declare under penalty of perjury under the laws of the conduct or a series of events occurring over a period of time. State of California 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 (DATE) (SIGNATURE) investigation or discovery of plaintiff's injuries and damages. (e) Additional interrogatories may be attached. Sec. 4. Definitions Sec. 3. Instructions to the Answering Party Words in BOLDFACE CAPITALS in these interrogatories (a) An answer or other appropriate response must be are defined as follows: 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 DX (1) INCIDENT includes the circumstances and with these interrogatories, you must serve your responses on events surrounding the alleged accident, injury, or the asking party and serve copies of your responses on all other occurrence or breach of contract giving rise to other parties to the action who have appeared. See Code of this action or proceeding. Civil Procedure sections 2030.260-2030.270 for details. Page 1 of 8 Form Approved for Optional Use Code of Civil Procedure, Judicial Council of California FORM INTERROGATORIES-GENERAL §§ 2030.010-2030.410, 2033.710 DISC-001 IRev. January 1, 2008] www.courtinfo.ca.gov Westlaw Doc & Form Builder DISC-001 D (2) INCIDENT means (insert your definition here or 1.0 Identity of Persons Answering These Interrogatories on a separate, attached sheet labeled "Sec. 4(a)(2)"): DX 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 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 includes you, your agents, your employees, your insurance D 2.1 State: (a) your name; companies, their agents, their employees, your attorneys, 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, D 2.2 State the date and place of your birth. organization, partnership, business, trust, limited liability company, corporation, or public entity. D 2.3 At the time of the INCIDENT, did you have a driver's 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 (d) all restrictions. recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or D 2.4 At the time of the INCIDENT, did you have any other permit or license for the operation of a motor vehicle? If so, symbols, or combinations of them. state: (e) HEALTH CARE PROVIDER includes any PERSON (a) the state or other issuing entity; referred to in Code of Civil Procedure section 667.7(e)(3). (b) the license number and type; (c) the date of issuance; and (f) ADDRESS means the street address, including the city, (d) all restrictions. state, and zip code. Sec. 5. Interrogatories D 2.5 State: (a) your present residence ADDRESS; The following interrogatories have been approved by the (b) your residence ADDRESSES for the past five years; and Judicial Council under Code of Civil Procedure section 2033.710: (c) the dates you lived at each ADDRESS. CONTENTS 1.0 Identity of Persons Answering These Interrogatories D 2.6 State: (a) the name, ADDRESS, and telephone number of your 2.0 General Background Information-Individual present employer or place of self-employment; and 3.0 General Background Information-Business Entity (b) the name, ADDRESS, dates of employment, job title, 4.0 Insurance and nature of work for each employer or 5.0 [Reserved} self-employment you have had from five years before 6.0 Physical, Mental, or Emotional Injuries the INCIDENT until today. 7.0 Property Damage 8.0 Loss of Income or Earning Capacity D 2.7 State: 9.0 Other Damages (a) the name and ADDRESS of each school or other 10.0 Medical History academic or vocational institution you have attended, 11.0 Other Claims and Previous Claims beginning with high school; 12.0 Investigation-General (b) the dates you attended; 13.0 Investigation-Surveillance (c) the highest grade level you have completed; and 14.0 Statutory or Regulatory Violations (d) the degrees received. 15.0 Denials and Special or Affirmative Defenses 16.0 Defendant's Contentions Personal Injury D 2.8 Have you ever been convicted of a felony? If so, for 17.0 Responses to Request for Admissions each conviction state: 18.0 [Reserved} (a) the city and state where you were convicted; 19.0 [Reserved} (b) the date of conviction; 20.0 How the Incident Occurred-Motor Vehicle (c) the offense; and 25.0 [Reserved} (d) the court and case number. 30.0 [Reserved} 40.0 [Reserved} 50.0 Contract D 2.9 Can you speak English with ease? If not, what language and dialect do you normally use? 60.0 [Reserved} 70.0 Unlawful Detainer [See separate form DISC-003} 101.0 Economic Litigation [See separate form DISC-004} D 2.1 O Can you read and write English with ease? If not, what language and dialect do you normally use? 200.0 Employment Law [See separate form DISC-002} Family Law [See separate form FL-145] DISC-001 [Rev. January 1. 2008] Page 2 of 8 FORM INTERROGATORIES-GENERAL DISC-001 D 2.11 At the time of the INCIDENT were you acting as an DX 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 (d) the ADDRESS of the principal place of business. D 2.12 At the time of the INCIDENT did you or any other DX 3.5 Are you an unincorporated association? person have any physical, emotional, or mental disability or condition that may have contributed to the occurrence of the If so, state: INCIDENT? If so, for each person state: (a) the current unincorporated association name; (a) the name, ADDRESS, and telephone number; (b) all other names used by the unincorporated association (b) the nature of the disability or condition; and during the past 10 years and the dates each was used; (c) the manner in which the disability or condition and contributed to the occurrence of the INCIDENT. (c) the ADDRESS of the principal place of business. D 2.13 Within 24 hours before the INCIDENT did you or any DX 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 (a) the name; other drug or medication of any kind (prescription or not)? If (b) the dates each was used; so, for each person state: (c) the state and county of each fictitious name filing; and (a) the name, ADDRESS, and telephone number; (d) the ADDRESS of the principal place of business. (b) the nature or description of each substance; (c) the quantity of each substance used or taken; DX 3.7 Within the past five years has any public entity regis- (d) the date and time of day when each substance was used tered or licensed your business? If so, for each license or or taken; 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 (c) state the dates of issuance and expiration. person who was present when each substance was used or taken; and (g) the name, ADDRESS, and telephone number of any 4.0 Insurance HEALTH CARE PROVIDER who prescribed or furnished DX 4.1 At the time of the INCIDENT, was there in effect any the substance and the condition for which it was policy of insurance through which you were or might be prescribed or furnished. insured in any manner (for example, primary, pro-rata, or excess liability coverage or medical expense coverage) for 3.0 General Background Information-Business Entity the damages, claims, or actions that have arisen out of the DX 3.1 Are you a corporation? If so, state: INCIDENT? If so, for each policy 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) the policy number; (e) whether you are qualified to do business in California. (e) the limits of coverage for each type of coverage con- tained in the policy; DX 3.2 Are you a partnership? If so, state: (f) whether any reservation of rights or controversy or (a) the current partnership name; coverage dispute exists between you and the insurance (b) all other names used by the partnership during the past company; and 10 years and the dates each was used; (g) the name, ADDRESS, and telephone number of the (c) whether you are a limited partnership and, if so, under custodian of the policy. the laws of what jurisdiction; (d) the name and ADDRESS of each general partner; and DX 4.2 Are you self-insured under any statute for the damages, (e) the ADDRESS of the principal place of business. claims, or actions that have arisen out of the INCIDENT? If so, specify the statute. DX 3.3 Are you a limited liability company? If so, state: (a) the name stated in the current articles of organization; 5.0 [Reserved} (b) all other names used by the company during the past 10 6.0 Physical, Mental, or Emotional Injuries years and the date each was used; (c) the date and place of filing of the articles of organization; (d) the ADDRESS of the principal place of business; and D 6.1 Do you attribute any physical, mental, or emotional injuries to the INCIDENT? (If your answer is "no," do not (e) whether you are qualified to do business in California. answer interrogatories 6.2 through 6.7). D 6.2 Identify each injury you attribute to the INCIDENT and the area of your body affected. DISC-001 [Rev. January 1. 2008] FORM INTERROGATORIES-GENERAL Page 3 of 8 DISC-001 D 6.3 Do you still have any complaints that you attribute to (c) state the amount of damage you are claiming for each the INCIDENT? If so, for each complaint state: item of property and how the amount was calculated; and (a) a description; (d) if the property was sold, state the name, ADDRESS, and (b) whether the complaint is subsiding, remaining the same, telephone number of the seller, the date of sale, and the or becoming worse; and sale price. (c) the frequency and duration. D 6.4 Did you receive any consultation or examination DX 7.2 Has a written estimate or evaluation been made for any (except from expert witnesses covered by Code of Civil item of property referred to in your answer to the preceding Procedure sections 2034.210-2034.310) or treatment from a interrogatory? If so, for each estimate or evaluation state: HEALTH CARE PROVIDER for any injury you attribute to (a) the name, ADDRESS, and telephone number of the the INCIDENT? If so, for each HEALTH CARE PROVIDER PERSON who prepared it and the date prepared; state: (b) the 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) the amount of damage stated. provided; (c) the dates you received consultation, examination, or treatment; and DX 7.3 Has any item of property referred to in your answer to (d) the charges to date. interrogatory 7.1 been repaired? If so, for each item state: (a) the date repaired; (b) a description of the repair; D 6.5 Have you taken any medication, prescribed or not, as a (c) the repair cost; result of injuries that you attribute to the INCIDENT? If so, for each medication state: (d) the 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 (e) the cost to date. 8.0 Loss of Income or Earning Capacity D 8.1 Do you attribute any loss of income or earning capacity D 6.6 Are there any other medical services necessitated by to the INCIDENT? (If your answer is "no," do not answer the injuries that you attribute to the INCIDENT that were not interrogatories 8.2 through 8.8). previously listed (for example, ambulance, nursing, prosthetics)? If so, for each service state: (a) the nature; D 8.2 State: (a) the nature of your work; (b) the date; (b) your job title at the time of the INCIDENT; and (c) the cost; and (c) the date your employment began. (d) the name, ADDRESS, and telephone number of each provider. D 8.3 State the last date before the INCIDENT that you worked for compensation. 0 6. 7 Has any HEALTH CARE PROVIDER advised that you may require future or additional treatment for any injuries D 8.4 State your monthly income at the time of the INCIDENT that you attribute to the INCIDENT? If so, for each injury and how the amount was calculated. state: (a) the name and ADDRESS of each HEALTH CARE D 8.5 State the date you returned to work at each place of PROVIDER; employment following the INCIDENT. (b) the complaints for which the treatment was advised; and (c) the nature, duration, and estimated cost of the treatment. D 8.6 State the dates you did not work and for which you lost income as a result of the INCIDENT. 7.0 Property Damage D 8.7 State the total income you have lost to date as a result DX 7.1 Do you attribute any loss of or damage to a vehicle or of the INCIDENT and how the amount was calculated. other property to the INCIDENT? If so, for each item of property: D 8.8 Will you lose income in the future as a result of the (a) describe the property; INCIDENT? If so, state: (b) describe the nature and location of the damage to the (a) the facts upon which you base this contention; property; (b) an estimate of the amount; (c) an estimate of how long you will be unable to work; and (d) how the claim for future income is calculated. DISC-001 [Rev. January 1. 2008] FORM INTERROGATORIES-GENERAL Page 4 of 8 DISC-001 9.0 Other Damages (c) the court, names of the parties, and case number of any action filed; DX 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; (b) the date it occurred; (e) whether the claim or action has been resolved or is (c) the amount; and pending; and (d) the name, ADDRESS, and telephone number of each (f) a description of the injury. PERSON to whom an obligation was incurred. D 11.2 In the past 10 years have you made a written claim or demand for workers' compensation benefits? If so, for each DX 9.2 Do any DOCUMENTS support the existence or amount claim or demand state: of any item of damages claimed in interrogatory 9.1? If so, (a) the date, time, and place of the INCIDENT giving rise to describe each document and state the name, ADDRESS, the claim; and telephone number of the PERSON who has each (b) the name, ADDRESS, and telephone number of your DOCUMENT. employer at the time of the injury; (c) the name, ADDRESS, and telephone number of the workers' compensation insurer and the claim number; 10.0 Medical History (d) the period of time during which you received workers' D 10.1 At any time before the INCIDENT did you have com- compensation benefits; plaints or injuries that involved the same part of your body (e) a description of the injury; claimed to have been injured in the INCIDENT? If so, for (f) the name, ADDRESS, and telephone number of any each state: HEALTH CARE PROVIDER who provided services; and (a) a description of the complaint or injury; (g) the case number at the Workers' Compensation Appeals (b) the dates it began and ended; and Board. (c) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER whom you consulted or 12.0 Investigation-General who examined or treated you. DX 12.1 State the name, ADDRESS, and telephone number of each individual: D 10.2 List all physical, mental, and emotional disabilities you (a) who witnessed the INCIDENT or the events occurring had immediately before the INCIDENT. (You may omit immediately before or after the INCIDENT; mental or emotional disabilities unless you attribute any (b) who made any statement at the scene of the INCIDENT; mental or emotional injury to the INCIDENT.) (c) who heard any statements made about the INCIDENT by any individual at the scene; and D 10.3 At any time after the INCIDENT, did you sustain (d) who YOU OR ANYONE ACTING ON YOUR BEHALF injuries of the kind for which you are now claiming claim has knowledge of the INCIDENT (except for damages? If so, for each incident giving rise to an injury expert witnesses covered by Code of Civil Procedure state: section 2034). (a) the date and the place it occurred; (b) the name, ADDRESS, and telephone number of any other PERSON involved; 0X 12.2 Have YOU OR ANYONE ACTING ON YOUR BEHALF interviewed any individual concerning the (c) the nature of any injuries you sustained; INCIDENT? If so, for each individual state: (d) the name, ADDRESS, and telephone number of each (a) the name, ADDRESS, and telephone number of the HEALTH CARE PROVIDER who you consulted or who individual interviewed; examined or treated you; and (b) the date of the interview; and (e) the nature of the treatment and its duration. (c) the name, ADDRESS, and telephone number of the 11.0 Other Claims and Previo