Party Discovery: DYLAN DONNELLY -V- EASTWOOD GARAGE, ETA AL Print

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                        Danie R Friedenthal      Esg State Bar No 136847                               F I
                        Kevin N    Heffernan   Esq State Bar No 139128                             o       c4v rc
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                        FRIEDElVTHAL HEFFERNAN              BROWN LL P
                    2                                                                      s c a             n v cnn onr to a

                        215 North Marengo Avenue Suite 165
                        Pasadena     Califiornia 91101                                                                Q
                    3
                        Telephone     626 628 2800
                    4   Facsimile      626 628 2828
                                                                                                       t         t2       c   n   t

        1           5
    n                   Attarneys fc r Defendant Cross De endant and Cross Camplainant DORMAN
    j               6   PRODUGTS   INC and Cross Complainant and Cross Defendant RB
    1                   DISTRIBUTiQN INC
                    7



                                        SUPERIOR COURT OF THE STATE OF CALIFORNIA
                    9
                                                      COUNTY OF SAN BERNARDINO
                10


                11       DYLAN QONNELLY                             CASE NO CIV DS 1702333

                12                             Plaintiff            SEPARATE STATEMENT RE MOTION
                                                                    TO C4MPEL FURTHER RESPC3NSES
                13
                                                                    TO SPECtAL lNTERROGATORIES

                14       vs


                15


                         EASTWOOD GARAGE INC
                         MCIUNTAIN VIEW TIRE SERVICE
                    7    INC PLEASURE WAY INDUSTRIES
                         LTD McMAHON S RV SUPERSTORE
                18       INC
                         TREY MITCHELL and DOES 1
                1         through 100 inclusive                         Date        August 12 2019
                                                                        Time        8 30 a m
                20                             Defendants               Dept        S 28

                21

                                                                        Ac   ran   Filed     February 8 2017
                22       AND RELATED CROSS ACTIONS
                                                                        Trial Date           July 15 2019
                23


                                 Defiendant cross defendant and cross complainant Dorman Praducts Inc

                2       hereby submi s the fol owing Separate Statemen Re Further Answers to Specia
                26      Interrogatories in support of its Mation to Compel Further Answers from defendant

                27      cross complainant and crass def ndant AutoZane Parts Inc

                Zs         r

                                                                    1
                               SEPARATE STATEMENT RE MQTIUN TO COMPEL              URTHER RESPQNSES TO SPECIA
                                                            INTFRRnC AT      RIF
1    SPECIAL INTERROGATORY 2

2              If YOU contend that that no EASTWOOD GARAGE employee asked YOU to

3    identify the rear axle fit for use on the SUBJECT VEHICLE then identify all facts that
4    support that contention

5    AUTOZONE S RESPONSE TO SPECIAL INTERROGATORY 2

6             AutoZone objects to this interrogatory on the grounds that it is vague

7    ambiguous           overbroad         compound        and   calls     for   a   narrative   Without waiving said

8    objections AutoZone responds as follows

9             In general Jeremy Stratton asked for a part that would fit a rear axle for a Ford
10   E 350 Super          Duty van AutoZone then uses its Z Net system to determine the praper
11   part   based    upon year make            model       and engine size             It is in AutoZone s custom and

12   practice to review the subject vehicle fit with its customer which in this case would

13   be     Jeremy       Stratton     Jeremy Stratton could not confirm at his deposition that he
14   asked    for   a certain   fit    AutoZone then supplied parts to Mr Stratton based upon his

15   request


16            In addition the absence of evidence supports this fact

17   ARGUMENT RE FURTHER RESPONSE TO SPECIAL INTERROGATORY 2

18            Dorman s interrogatory asked about AutoZone s specific contention regarding

19   a specific instance Therefore the objections that the interrogatory was vague

20   ambiguous overbroad and compound are improper Further the objection that the

21   interrogatary is vague and ambiguous clearly has no merit since AutoZone was
22   obviously able to comprehend the interrogatory
23            AutoZone responded to Dorman s special interrogatory by describing its
24   courses        of   conduct      in    general    when the interrogatory asked about a specific

25   instance            AutoZone is       required   to   provide a         response      that is       as complete   and


26   straightforward as the information reasonably available to the responding party

27   permits If an interrogatory cannot be answered completely it shall be answered to
28   the    extent possible           Code    of   Civil Procedure          section     2030 220     a     b   Where the

                                                                  2
            SEPARATE STATEMENT RE MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL
                                                      WTFRR           AT    RIFS