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Stefano G. Formica, Esq. [SBN: 241958]
sfomica®f0rmicalawgroup.com
ELECTRONICALLY FILED
Kellian W. Summers, Esq. [SBN: 306072] SUPERIOR COURT OF CALIFORNIA
ksummers@formicalawgroup.com COUNTY OF SAN BERNARDINO
Nuccio Patti, Esq. [SBN: 349480] SAN BERNARDINO DISTRICT
npatti@formicalawgroup.com 1/2/2024 8:36 PM
FORMICA LAW GROUP
5900 Wilshire B1Vd., Suite 2250 By: Jasmine Segura, DEPUTY
Los Angeles, CA, 90036
Tel: (323) 272-3334
Fax: (323) 272-3926
Attorneys for Plaintiff,
ABRAHAM CERDA TRUJILLO
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SAN BERNARDINO
11
ABRAHAM CERDA TRUJILLO, an CASE NO.: CIVD82020893
12
individual,
[Assigned for All Purposes t0 Hon. Tony
13
Plaintiff, Raphael, Rancho Cucamonga, Dept R1 7]
14
vs. DECLARATION OF KELLIAN W.
15 SUMMERS IN SUPPORT OF
ALEX JOHN BENITEZ, JR., driver; PLAINTIFF’S MOTION TO COMPEL
16
FRESENIUS MEDICAL CARE HOLDINGS, FURTHER RESPONSES FROM
17
INC., Registered Owner; and DOES t0 50,
1 DEFENDANT FRESENIUS MEDICAL
inclusive, CARE HOLDINGS, INC. TO
18 PLAINTIFF’S SPECIAL
Defendants. INTERROGATORIES, SET ONE, AND
19 REQUEST FOR MONETARY
SANCTIONS
20
21 [Filed concurrently with Plaintifi’is‘ Notice 0f
Motion and Motion Compel; Plaintifl’s
t0
22 Separate Statement; and [Proposed] Order]
23 Date: February 14, 2024
Time: 8:30 A.M.
24
Dept: R17
25
Complaint Date: October 2, 2020
26 TRC: September 19, 2024
Trial Date: September 25, 2024
27
28 ///
1
DECLARATION OF KELLIAN W. SUMMERS IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSES FROM
DEFENDANT FRESENIUS MEDICAL CARE HOLDINGS, INC. TO PLAINTIFF’S SPECIAL INTERROGATORIES, SET ONE, AND
REQUEST FOR MONETARY SANCTIONS
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 ofthe State of California. I am over eighteen years 0f age and am fully competent
t0 make this Declaration in support 0f Plaintiff’s Motion t0 Compel Further Responses from
Defendant Fresenius Medical Care Holdings, Inc. ’s to Plaintiff s Special Interrogatories, Set One,
N0. 14. I have personal knowledge of the facts set forth below and, if called as a witness, could
competently testify thereon.
10 2. This matter arises from a motorcycle V. tractor—trailer collision that occurred 0n
11 November 8, 2018, 0n the I-15 Northbound Freeway in Ontario, California. The 26,000-p0und
12 tractor—trailer involved in the subj ect accident was driven by Defendant Alex John Benitez, Jr. While
13 in the course and scope 0f his employment With Defendant Fresenius Medical Care Holdings, Inc.
14 (“Fresenius”). The collision resulted in significant personal injuries to Plaintiff.
15 3. On October 2, 2020, Plaintiff filed his Complaint against Defendants, Fresenius
16 Medical Care Holdings, Inc., and Alex John Benitez, Jr., alleging causes of action for negligence,
17 negligent hiring, and negligent entrustment.
18 4. On July 20, 2023, Plaintiff served Special Interrogatories, Set One, among other
19 written discovery, 0n Defendant Fresenius. Attached hereto as Exhibit “1” is a true and correct
20 copy 0f Plaintiff” s Special Interrogatories t0 Fresenius served July 20, 2023.
21 5. Plaintiff’ s Special Interrogatories were neither complex nor voluminous, and
22 Plaintiff provided Fresenius as much time as they needed t0 respond t0 the interrogatories. Not a
23 single request for an extension by Fresenius t0 provide the responses was denied by Plaintiff.
24 6. On August 16, 2023, Defense counsel requested a two-week extension for
25 Fresenius to provide its responses to Plaintiff’s discovery Which I granted. On August 3 1, 2023,
26 defense counsel requested an additional two-week extension for Fresenius t0 provide its responses
27 t0 Plaintiff’s discovery Which I again granted. Plaintiff’ s Motion t0 Compel deadline was
28 extended to November 20, 2023. Attached hereto as Exhibit “2” is a true and correct copy of the
2
DECLARATION OF KELLIAN W. SUMMERS IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSES FROM
DEFENDANT FRESENIUS MEDICAL CARE HOLDINGS, INC. TO PLAINTIFF’S SPECIAL INTERROGATORIES, SET ONE, AND
REQUEST FOR MONETARY SANCTIONS
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Stefano G. Formica, Esq. [SBN: 241958] sfomica®f0rmicalawgroup.com ELECTRONICALLY FILED Kellian W. Summers, Esq. [SBN: 306072] SUPERIOR COURT OF CALIFORNIA ksummers@formicalawgroup.com COUNTY OF SAN BERNARDINO Nuccio Patti, Esq. [SBN: 349480] SAN BERNARDINO DISTRICT npatti@formicalawgroup.com 1/2/2024 8:36 PM FORMICA LAW GROUP 5900 Wilshire B1Vd., Suite 2250 By: Jasmine Segura, DEPUTY Los Angeles, CA, 90036 Tel: (323) 272-3334 Fax: (323) 272-3926 Attorneys for Plaintiff, ABRAHAM CERDA TRUJILLO SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN BERNARDINO 11 ABRAHAM CERDA TRUJILLO, an CASE NO.: CIVD82020893 12 individual, [Assigned for All Purposes t0 Hon. Tony 13 Plaintiff, Raphael, Rancho Cucamonga, Dept R1 7] 14 vs. DECLARATION OF KELLIAN W. 15 SUMMERS IN SUPPORT OF ALEX JOHN BENITEZ, JR., driver; PLAINTIFF’S MOTION TO COMPEL 16 FRESENIUS MEDICAL CARE HOLDINGS, FURTHER RESPONSES FROM 17 INC., Registered Owner; and DOES t0 50, 1 DEFENDANT FRESENIUS MEDICAL inclusive, CARE HOLDINGS, INC. TO 18 PLAINTIFF’S SPECIAL Defendants. INTERROGATORIES, SET ONE, AND 19 REQUEST FOR MONETARY SANCTIONS 20 21 [Filed concurrently with Plaintifi’is‘ Notice 0f Motion and Motion Compel; Plaintifl’s t0 22 Separate Statement; and [Proposed] Order] 23 Date: February 14, 2024 Time: 8:30 A.M. 24 Dept: R17 25 Complaint Date: October 2, 2020 26 TRC: September 19, 2024 Trial Date: September 25, 2024 27 28 /// 1 DECLARATION OF KELLIAN W. SUMMERS IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANT FRESENIUS MEDICAL CARE HOLDINGS, INC. TO PLAINTIFF’S SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS 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 ofthe State of California. I am over eighteen years 0f age and am fully competent t0 make this Declaration in support 0f Plaintiff’s Motion t0 Compel Further Responses from Defendant Fresenius Medical Care Holdings, Inc. ’s to Plaintiff s Special Interrogatories, Set One, N0. 14. I have personal knowledge of the facts set forth below and, if called as a witness, could competently testify thereon. 10 2. This matter arises from a motorcycle V. tractor—trailer collision that occurred 0n 11 November 8, 2018, 0n the I-15 Northbound Freeway in Ontario, California. The 26,000-p0und 12 tractor—trailer involved in the subj ect accident was driven by Defendant Alex John Benitez, Jr. While 13 in the course and scope 0f his employment With Defendant Fresenius Medical Care Holdings, Inc. 14 (“Fresenius”). The collision resulted in significant personal injuries to Plaintiff. 15 3. On October 2, 2020, Plaintiff filed his Complaint against Defendants, Fresenius 16 Medical Care Holdings, Inc., and Alex John Benitez, Jr., alleging causes of action for negligence, 17 negligent hiring, and negligent entrustment. 18 4. On July 20, 2023, Plaintiff served Special Interrogatories, Set One, among other 19 written discovery, 0n Defendant Fresenius. Attached hereto as Exhibit “1” is a true and correct 20 copy 0f Plaintiff” s Special Interrogatories t0 Fresenius served July 20, 2023. 21 5. Plaintiff’ s Special Interrogatories were neither complex nor voluminous, and 22 Plaintiff provided Fresenius as much time as they needed t0 respond t0 the interrogatories. Not a 23 single request for an extension by Fresenius t0 provide the responses was denied by Plaintiff. 24 6. On August 16, 2023, Defense counsel requested a two-week extension for 25 Fresenius to provide its responses to Plaintiff’s discovery Which I granted. On August 3 1, 2023, 26 defense counsel requested an additional two-week extension for Fresenius t0 provide its responses 27 t0 Plaintiff’s discovery Which I again granted. Plaintiff’ s Motion t0 Compel deadline was 28 extended to November 20, 2023. Attached hereto as Exhibit “2” is a true and correct copy of the 2 DECLARATION OF KELLIAN W. SUMMERS IN SUPPORT OF PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSES FROM DEFENDANT FRESENIUS MEDICAL CARE HOLDINGS, INC. TO PLAINTIFF’S SPECIAL INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS