No Value: Deborah Kelly Garland Peric vs. Lotus Hospitality II, Inc., et al

On September 14, 2021 a No Value was filed involving a dispute between Peric, Deborah Kelly Garland, and Does 1 To 50, Lotus Hospitality Ii, Inc., for (23) Unlimited Other PI/PD/WD in the District Court of San Mateo County.

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1 MALCOLM D. DONALDSON, ESQ. – State Bar No. 185613
LAW OFFICES OF SCOTT C STRATMAN
2 P.O. Box 258829
Oklahoma City, OK 73125-8829
3
Phone: (510) 457-3440
4 Email: norcal.legal@farmersinsurance.com

5 Attorney for Defendant,
LOTUS HOSPITALITY II, INC.
6

7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
FOR THE COUNTY OF SAN MATEO
9
Deborah Kelly Garland Peric, Case No.: 21-CIV-04971
10 UNLIMITED JURISDICTION
Plaintiffs,
11 ASSIGNED TO FOR ALL PURPOSES:
vs. HON. NANCY L. FINEMAN
12 DEPT: 4
Lotus Hospitality II, Inc. and DOES 1 TO 50,
13 DEFENDANT LOTUS HOSPITALITY II,
Defendants. INC.'S OPPOSITION TO PLAINTIFF
14 DEBORAH KELLY GARLAND PERIC’S
MOTION IN LIMINE TO PRECLUDE
15 EVIDENCE
16

17 Defendant LOTUS HOSPITALITY II, INC. hereby submits the following Opposition to
18 Plaintiff Deborah Kelly Garland Peric’s Motion in Limine to Preclude Evidence. This Opposition

19 is based upon the below Memorandum of Points and Authorities, Declaration of Malcolm D.

20 Donaldson, and the related exhibits attached thereto as well as any pleadings and papers on file

21 and evidence and oral argument presented prior to or at the hearing.

22 I. Statement of Facts
23 On or about September 14, 2021, Plaintiff filed the operative Complaint to this action.
24 On or about November 16, 2021, this matter was assigned to the initial handling attorney
25 representing Defendant Lotus Hospitality II, Inc., on this file, Samuel Leff.

26 On or about January 13, 2022, Plaintiff propounded Form Interrogatories (Set One),
27 Special Interrogatories (Set One), and Request for Production of Documents (Set One) on

28 Defendant.

_______________________________________________________________________________
-1
1 On or about September 9, 2022, Farmers Insurance Exchange transferred the handling

2 attorney from Samuel Leff to Has S. Jawandha.

3 On or about June 23, 2023, the Mr. Jawandha left employment with Farmers Insurance and

4 this file was transferred to the current handling attorney, Malcolm D. Donaldson.

5 No meet and confer efforts were undertaken by Plaintiff’s counsel prior to submitting the

6 instant motion in limine.

7 On or about January 17, 2024, Plaintiff served her motions in limine on Defendant and the

8 current handling attorney became aware that responses to written discovery were outstanding.

9 On or about January 31, 2024, Defendant served answers to Form Interrogatories (Set

10 One), Special Interrogatories (Set One), and Request for Production of Documents (Set One).

11 II. Legal Argument

12 If a party to whom interrogatories are directed either fails to respond at all, or responds

13 with objections or incomplete answers, the propounding party’s remedy is to seek a court order

14 compelling answers (or further answers) to the interrogatories. Cal Code of Civ. Proc. §§

15 2030.2590. 2030.300. Note that the burden is on the propounding party to enforce discovery.

16 Otherwise, no penalty attaches either for the responding party’s failure to respond, or responding

17 inadequately. Saxena v Goffney (2008) 159 Cal.App.4th 316, 334.

18 This same procedure – a motion to compel – is used to enforce discovery where parties

19 from whom discovery is sought fail to respond at all or where they respond with objections or

20 incomplete answers.

21 Moreover, Weil and Brown’s California Practice Guide: Civil Procedure Before Trial,

22 notes that tardy responses defeat the motion at Chapter 3, ¶ 3:1374:

23 Tardy responses defeat motion: The court “shall” grant the motion “unless it
finds that the party to whom the requests for admission have been directed has
24 served, before the hearing on the motion, a proposed response … in substantial
compliance with Section 2033.220” (¶ 8:1321 ff.). [CCP § 2033.280(c) (emphasis
25 added); St. Mary v. Sup.Ct. (Schellenberg) (2014) 223 CA4th 762, 778 (citing
text)].
26
Weil and Brown, California Practice Guide: Civil Procedure Before Trial (The Rutter Group
27 2023) at ¶ 3:1374.

_______________________________________________________________________________
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1 Here, Defendant was served with the subject Form Interrogatories, Special Interrogatories

2 and Requests for Production of Documents about two years ago on January 13, 2022. Since that

3 time, Defendant has had several handling attorneys representing the housing association and the

4 matter was never raised sooner. As soon as the lack of response came to the attention of the

5 present handling attorney, meaningful answers to Plaintiff’s subject Form Interrogatories, Special

6 Interrogatories and Requests for Production of Documents were prepared and served on

7 January 31, 2024.

8 Additionally, Plaintiff’s remedy as set forth above, is to bring a timely motion to compel.

9 Plaintiff has had the same two years to move to compel responses to earlier propounded written

10 discovery and upon realizing the absence of evidence, now seek to preclude Defendant from

11 presenting evidence in support of the various defenses to Plaintiff’s causes of action at trial.

12 Plaintiff was required to bring such a motion under the Discovery Act to obtain a remedy for her

13 concerns. As quoted above, “Otherwise, no penalty attaches either for the responding party’s

14 failure to respond, or responding inadequately. Saxena v Goffney (2008) 159 Cal.App.4th 316, 334

15 Furthermore, the Court should allow for the equitable consideration of Plaintiff’s lengthy

16 delay in seeking to exclude evidence after several years have elapsed, after Defendant changed

17 attorneys several times, and all to the extreme prejudice to Defendant. Moreover, Defendant’s

18 Responses to Plaintiff’s written discovery was served “in substantial compliance” with C.C.P.

19 § 2033.220 prior to the hearing. C.C.P. § 2033.280(c).

20 III. Conclusion

21 Plaintiff’s Motion in Limine to Preclude Evidence must be denied, as Defendant’s

22 Response to Plaintiff’s Request for Admissions (attached) is in substantial compliance with

23 California Code of Civil Procedure § 2033.220.

24 DATED: February 5, 2024 LAW OFFICES OF SCOTT C STRATMAN

25
BY:
26
MALCOLM D. DONALDSON, ESQ.
27 Attorney for Defendant,
LOTUS HOSPITALITY II, INC.
28

_______________________________________________________________________________
-3
1 DECLARATION OF MALCOLM D. DONALDSON

3 Malcolm D. Donaldson declares as follows:
4 1. I am an attorney at law, duly licensed to practice in all Courts of the State of
5 California, and am a member of the Law Offices of SCOTT C STRATMAN, attorneys of record

6 for Defendant, LOTUS HOSPITALITY II, INC. (“Defendant Lotus Hospitality”), in the above-

7 entitled matter. I am an employee of the Claims Litigation Department, Farmers Insurance

8 Exchange and Affiliates, Not a Partnership.

9 2. I am the attorney assigned with the responsibility for the file on this matter, and
10 have thoroughly reviewed its contents and am personally familiar with each of the facts set forth

11 herein. If called as a witness, I could and would competently testify concerning the following

12 matters:

13 3. I am informed and believe that on or about November 16, 2021, this matter was
14 assigned to Samuel Leff as the Farmer Insurance Exchange initial handling attorney, representing

15 Defendant Lotus Hospitality II, Inc., in the handling of this file.

16 4. I am informed and believe that on or about January 13, 2022, Plaintiff propounded
17 Request for Admissions (Set One) on Defendant.

18 5. I am informed and believe that on or about September 9, 2022, Farmers Insurance
19 Exchange transferred the handling of this matter from Samuel Leff to Has S. Jawandha.

20 6. On or about June 23, 2023, Mr. Jawandha left Farmers Insurance Exchange and the
21 handling of this file was transferred to me as the current handling attorney.

22 7. On January 17, 2024, Plaintiff served the instant Motion in Limine to Deem
23 Requests for Admissions Admitted, giving notice to Defendant for the first time that Plaintiff did

24 not receive any response to Plaintiff’s requests for admissions served two years earlier.

25 8. On January 30, 2024, Defendant served Responses to Plaintiff’s Form
26 Interrogatories (Set One), Special Interrogatories (Set One) and Request for Production of
27 Documents (Set One). True and correct copies of Defendant’s Response to Plaintiff’s Form

28 Interrogatories (Set One), Special Interrogatories (Set One) and Request for Production of

_______________________________________________________________________________
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1 Documents (Set One) are attached hereto as Exhibit A and incorporated by reference.

3
I declare under penalty of perjury under the laws of the State of California that the
4
foregoing is true and correct.
5

6
Dated: February 5, 2024 __________________________________
7 Malcolm D. Donaldson
8

26
27

_______________________________________________________________________________
-5
1

12 Exhibit A
13

26
27

_______________________________________________________________________________
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1 MALCOLM D. DONALDSON, ESQ. – State Bar No. 185613
LAW OFFICES OF SCOTT C STRATMAN
2 P.O. Box 258829
Oklahoma City, OK 73125-8829
3 Phone: (510) 457-3440
Email: norcal.legal@farmersinsurance.com
4
Attorney for Defendant,
5 LOTUS HOSPITALITY II, INC.

7 SUPERIOR COURT OF THE STATE OF CALIFORNIA

8 FOR THE COUNTY OF SAN MATEO

9 Deborah Kelly Garland Peric, Case No.: 21-CIV-04971
UNLIMITED JURISDICTION
10 Plaintiffs,
ASSIGNED TO FOR ALL PURPOSES:
11 vs. HON. NANCY L. FINEMAN
DEPT: 4
12 Lotus Hospitality II, Inc. and DOES 1 TO 50,
DEFENDANT’SANSWERS TO FORM
13 Defendants. INTERROGATORIES, SET ONE

16 PROPOUNDING PARTY: Plaintiff, DEBORAH KELLY GARLAND PERIC
17 RESPONDING PARTY: Defendant, LOTUS HOSPITALITY II, INC.
18 SET NUMBER: ONE
19 COMES NOW Defendant, LOTUS HOSPITALITY II, INC. and responds to Form
20 Interrogatories propounded by Plaintiff, DEBORAH KELLY GARLAND PERIC in this matter,

21 as follows:

22 PRELIMINARY STATEMENT
23 It should be noted that this responding party has not fully completed his discovery in this
24 action, and has not completed his preparation for trial. All of the responses herein are based only

25 upon such information and documents which are presently available to and specifically known to

26 this responding party and disclose only those contentions which presently occur to such

27 responding party. It is anticipated that further discovery, independent investigation, legal research

28 and analysis will supply additional facts, add meaning to the known facts, as well as establish

_______________________________________________________________________________
ANSWERS TO FORM INTERROGATORIES, SET ONE - 1
1 entirely new factual conclusions and legal contentions, all of which may lead to substantial

2 addition to, changes in and variations from the contentions herein set forth. The following

3 interrogatory responses are given without prejudice to the responding party’s right to produce

4 evidence of any subsequently discovered fact or facts which this responding party may later recall.

5 Responding party accordingly reserves the right to change any and all answers herein as additional

6 facts are ascertained, analyses are made, legal research is completed and contentions are made.

7 The answers contained herein are made in a good faith effort to supply as much factual

8 information as is presently known but should in no way be to the prejudice of this responding

9 party in relation to further discovery, research or analysis.

10 Any signature by attorney of record is not waiver of any privilege.

11 ANSWERS TO FORM INTERROGATORIES

12 FORM INTERROGATORY NO. 1.1:

13 State the name, ADDRESS, telephone number, and relationship to you of each PERSON

14 who prepared or assisted in the preparation of the responses to these interrogatories. (Do not

15 identify anyone who simply typed or reproduced the responses.)

16 RESPONSE TO FORM INTERROGATORY NO. 1.1:

17 Monika Singh, Lotus Hospitality II, Inc., 275 South Airport Blvd, South San Francisco,

18 CA 94080-6703, and Law Offices of Scott C Stratman, P.O. Box 258829, Oklahoma City, OK

19 73125-8829.

20 FORM INTERROGATORY NO. 2.1:

21 State:

22 (a) your name;

23 (b) every name you have used in the past; and

24 (c) the dates you used each name;

25 RESPONSE TO FORM INTERROGATORY NO. 2.1:

26 Not applicable. Responding party is a business entity not an individual.

27 FORM INTERROGATORY NO. 2.5:

28 State:

_______________________________________________________________________________
ANSWERS TO FORM INTERROGATORIES, SET ONE - 2
1 (a) your present resident ADDRESS;

2 (b) your residence ADDRESS for the past five years; and

3 (c) the dates you lived at each ADDRESS.

4 RESPONSE TO FORM INTERROGATORY NO. 2.5:

5 Not applicable. Responding party is a business entity not an individual.

6 FORM INTERROGATORY NO. 2.6:

7 State:

8 (a) the name, ADDRESS, and telephone number of your present employer or place of

9 self-employment; and

10 (b) the name, ADDRESS, dates of employment, job title, and nature of work for each

11 employer or self-employment you have had from five years before the INCIDENT until today.

12 RESPONSE TO FORM INTERROGATORY NO. 2.6:

13 Not applicable. Responding party is a business entity not an individual.

14 FORM INTERROGATORY NO. 2.8:

15 Have you ever been convicted of a felony? If so, for each conviction state:

16 (a) the city and state where you were convicted;

17 (b) the date of conviction;

18 (c) the offense; and

19 (d) the court and case number.

20 RESPONSE TO FORM INTERROGATORY NO. 2.8:

21 Not applicable. Responding party is a business entity not an individual.

22 FORM INTERROGATORY NO. 2.9:

23 Can you speak English with ease? If not, what language and dialect do you normally use?

24 RESPONSE TO FORM INTERROGATORY NO. 2.9:

25 Not applicable. Responding party is a business entity not an individual.

26 FORM INTERROGATORY NO. 2.10:

27 Can you read and write English with ease? If not, what language and dialect do you

28 normally use?

_______________________________________________________________________________
ANSWERS TO FORM INTERROGATORIES, SET ONE - 3
1 RESPONSE TO FORM INTERROGATORY NO. 2.10:

2 Not applicable. Responding party is a business entity not an individual.

3 FORM INTERROGATORY NO. 2.11:

4 At the time of the INCIDENT were you acting as an agent or employee for any PERSON?

5 If so, state:

6 (a) the name, ADDRESS, and telephone number of that PERSON; and

7 (b) a description of your duties.

8 RESPONSE TO FORM INTERROGATORY NO. 2.11:

9 Not applicable. Responding party is a business entity not an individual.

10 FORM INTERROGATORY 3.1:

11 Are you a corporation? If so, state:

12 (a) the name stated in the current articles of incorporation;

13 (b) all other names used by the corporation during the past 10 years and the dates each

14 was used;

15 (c) the date and place of incorporation;

16 (d) the ADDRESS of the principal place of business;

17 (e) whether you are qualified to do business in California.

18 RESPONSE TO FORM INTERROGATORY 3.1:

19 Yes.

20 (a) Lotus Hospitality II, Inc.

21 (b) Holiday Inn San Francisco Airport North

22 (c) 05/18/2005; Delaware

23 (d) 150 WEST HARRIS AVENUE, SOUTH SAN FRANCISCO, CA 94080

24 (e) Yes

25 FORM INTERROGATORY NO. 3.2:

26 Are you a partnership? If so, state:

27 (a) the current partnership name;

_______________________________________________________________________________
ANSWERS TO FORM INTERROGATORIES, SET ONE - 4
1 (b) all other names used by the partnership during the past 10 years and the dates each

2 was used;

3 (c) whether you are a limited partnership and, if so, under the laws of what jurisdiction;

4 (d) the name and ADDRESS of each general partner; and

5 (e) the ADDRESS of the principal place of business.

6 RESPONSE TO FORM INTERROGATORY NO. 3.2:

7 No.

8 FORM INTERROGATORY NO. 3.3:

9 Are you a limited liability company? If so, state:

10 (a) the name stated in the current articles of organization;

11 (b) all other names used by the company during the past 10 years and the date each was

12 used;

13 (c) the date and place of filing of the articles of organization;

14 (d) the ADDRESS of the principal place of business;

15 (e) whether you are qualified to do business in California.

16 RESPONSE TO FORM INTERROGATORY NO. 3.3:

17 No.

18 FORM INTERROGATORY NO. 3.4:

19 Are you a joint venture? If so, state:

20 (a) the current joint venture name;

21 (b) all other names used by the joint venture during the past 10 years and the dates each

22 was used;

23 (c) the name and ADDRESS of each joint venturer;

24 (d) the ADDRESS of the principal place of business.

25 RESPONSE TO FORM INTERROGATORY NO. 3.4:

26 No.

27 FORM INTERROGATORY NO. 3.5:

28 Are you an unincorporated association? If so, state:

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ANSWERS TO FORM INTERROGATORIES, SET ONE - 5
1 (a) the current unincorporated association name;

2 (b) all other names used by the unincorporated association during the past 10 years and

3 the dates each was used;

4 (c) the ADDRESS of the principal place of business.

5 RESPONSE TO FORM INTERROGATORY NO. 3.5:

6 No.

7 FORM INTERROGATORY NO. 3.6:

8 Have you done business under a fictitious name during the past 10 years? If so, for each

9 fictitious name state:

10 (a) the name;

11 (b) the dates each was used;

12 (c) the state and county of each fictitious name filing;

13 (d) the ADDRESS of the principal place of business.

14 RESPONSE TO FORM INTERROGATORY NO. 3.6:

15 Holiday Inn San Francisco Airport North

16 FORM INTERROGATORY NO. 3.7:

17 Within the past five years has any public entity registered or licensed your business? If so,

18 for each license or registration:

19 (a) identify the license and registration;

20 (b) state the name of the public entity;

21 (c) state the dates of issuance and expiration.

22 RESPONSE TO FORM INTERROGATORY NO. 3.7:

23 Defendant has active business license, health permits and alcohol license.

24 FORM INTERROGATORY NO. 4.1:

25 At the time of the INCIDENT, was there in effect any policy of insurance through which

26 you were or might be insured in any manner (for example, primary, pro-rata, or excess liability

27 coverage or medical expense coverage) for the damages, claims, or actions that have arisen out of

28 the INCIDENT? If so, for each policy state:

_______________________________________________________________________________
ANSWERS TO FORM INTERROGATORIES, SET ONE - 6
1 (a) the kind of coverage;

2 (b) the name and ADDRESS of the insurance company;

3 (c) the name, ADDRESS, and telephone number of each named insured;

4 (d) the policy number;

5 (e) the limits of coverage for each type of coverage contained in the policy;

6 (f) whether any reservation of rights or controversy or coverage dispute exists

7 between you and the insurance company;

8 (g) the name, ADDRESS, and telephone number of the custodian of the policy.

9 RESPONSE TO FORM INTERROGATORY NO. 4.1:

10 (a) Businessowners policy;

11 (b) Truck Insurance Exchange,

12 (c) Lotus Hospitality II, Inc

13 (d) Policy no. 0604997588

14 (e) Limits: $1,000,000; Medical Expense: $10,000

15 (f) No

16 (g) Lotus Hospitality II, Inc.

17 FORM INTERROGATORY NO. 4.2:

18 Are you self-insured under any statute for the damages, claims, or actions that have arisen

19 out of the INCIDENT? If so, specify the statute.

20 RESPONSE TO FORM INTERROGATORY NO. 4.2:

21 No.

22 FORM INTERROGATORY NO. 12.1:

23 State the name, ADDRESS, and telephone number of each individual:

24 (a) who witnessed the INCIDENT or the events occurring immediately before or after

25 the INCIDENT;

26 (b) who made any statement at the scene of the INCIDENT; and

27 (c) who heard any statements made about the INCIDENT by any individual at the

28 scene; and

_______________________________________________________________________________
ANSWERS TO FORM INTERROGATORIES, SET ONE - 7
1 (d) who YOU OR ANYONE ACTING ON YOUR BEHALF claim has knowledge of

2 the INCIDENT (except for expert witnesses covered by Code of Civil Procedure section 2034).

3 RESPONSE TO FORM INTERROGATORY NO. 12.1:

4 (a-d) Plaintiff; David Cotla, the general manager, would have been made aware of the

5 incident after Plaintiff reported it.

6 FORM INTERROGATORY NO. 12.2:

7 Have YOU OR ANYONE ACTING ON YOUR BEHALF interviewed any individual

8 concerning the INCIDENT? If so, for each individual state:

9 (a) the name, ADDRESS, and telephone number of the individual interviewed;

10 (b) the date of the interview; and

11 (c) the name, ADDRESS, and telephone number of the PERSON who conducted the

12 interview.

13 RESPONSE TO FORM INTERROGATORY NO. 12.2:

14 Objection. Attorney-client privilege and attorney work product. Soltani-Rastegar v. Superior

15 Court (1989), 208 Cal.App.3d 424, 256 Cal.Rptr. 274; Travelers Insurance Companies v. Superior

16 Court (1983), 143 Cal.App.3d 436, 191 Cal.Rptr. 871; Brown v. Superior Court (1963), 218

17 Cal.App.2d 430; Holm v. Superior Court (1954), 42 Cal.2d 500, 267 P2d 1055). Without waiving the

18 objection, a representative of Farmers Insurance Exchange took the recorded statement of Plaintiff

19 on or around October 23, 2019. Discovery and investigation continue.

20 FORM INTERROGATORY NO. 12.3:

21 Have YOU OR ANYONE ACTING ON YOUR BEHALF obtained a written or recorded

22 statement from any individual concerning the INCIDENT? If so, for each statement state:

23 (a) the name, ADDRESS, and telephone number of the individual from whom the

24 statement was obtained;

25 (b) the name, ADDRESS, and telephone number of the individual who obtained the

26 statement;

27 (c) the date the statement was obtained; and

_______________________________________________________________________________
ANSWERS TO FORM INTERROGATORIES, SET ONE - 8
1 (d) the name, ADDRESS, and telephone number of each PERSON who has the

2 original statement or a copy.

3 RESPONSE TO FORM INTERROGATORY NO. 12.3:

4 Objection. Attorney-client privilege and attorney work product. Soltani-Rastegar v. Superior

5 Court (1989), 208 Cal.App.3d 424, 256 Cal.Rptr. 274; Travelers Insurance Companies v. Superior

6 Court (1983), 143 Cal.App.3d 436, 191 Cal.Rptr. 871; Brown v. Superior Court (1963), 218

7 Cal.App.2d 430; Holm v. Superior Court (1954), 42 Cal.2d 500, 267 P2d 1055). Without waiving the

8 objection, a representative of Farmers Insurance Exchange took the recorded statement of Plaintiff

9 on or around October 23, 2019. Discovery and investigation continue.

10 FORM INTERROGATORY NO. 12.4:

11 Do YOU OR ANYONE ACTING ON YOUR BEHALF know of any photographs, films,

12 or videotapes depicting any place, object, or individual concerning the INCIDENT or plaintiff's

13 injuries? If so, state:

14 (a) the number of photographs or feet of film or videotape;

15 (b) the places, objects, or persons photographed, filmed, or videotaped;

16 (c) the date the photographs, films, or videotapes were taken;

17 (d) the name, ADDRESS, and telephone number of the individual taking the

18 photographs, films, or videotapes; and

19 (e) the name, ADDRESS, and telephone number of each PERSON who has the

20 original or a copy of the photographs, films, or videotapes.

21 RESPONSE TO FORM INTERROGATORY NO. 12.4:

22 (a)-(e) Objection is made to this interrogatory on the grounds that it asks for information

23 protected by the work product doctrine pursuant to CCP §2018.010, et seq. Notwithstanding the

24 foregoing objection, defendant answers as follows: See produced photographs. Discovery and

25 investigation continue.

26 FORM INTERROGATORY NO. 12.5:

27 Do YOU OR ANYONE ACTING ON YOUR BEHALF know of any diagram,

28 reproduction, or model of any place or thing (except for items developed by expert witnesses

_______________________________________________________________________________
ANSWERS TO FORM INTERROGATORIES, SET ONE - 9
1 covered by Code of Civil Procedure section 2034) concerning the INCIDENT? If so, for each item

2 state:

3 (a) the type (i.e., diagram, reproduction, or model);

4 (b) the subject matter; and

5 (c) the name, ADDRESS, and telephone number of each PERSON who has it.

6 RESPONSE TO FORM INTERROGATORY NO. 12.5:

7 (a)-(c) Objection is made to this interrogatory on the grounds that it asks for information

8 protected by the attorney-client privilege [Evidence Code, Article 3, §952], as well as information

9 protected by the work product doctrine pursuant to CCP §2018.010, et seq. Notwithstanding the

10 foregoing objection, defendant answers as follows: None known.

11 FORM INTERROGATORY NO. 12.6:

12 Was a report made by any PERSON concerning the INCIDENT? If so, state:

13 (a) the name, title, identification number, and employer of the PERSON who made the

14 report;

15 (b) the date and type of report made;

16 (c) the name, ADDRESS, and telephone number of the PERSON for whom the report

17 was made; and

18 (d) the name, ADDRESS, and telephone number of each PERSON who has the

19 original or a copy of the report.

20 RESPONSE TO FORM INTERROGATORY NO. 12.6:

21 (a)-(d) Objection is made to this interrogatory on the grounds that it asks for information

22 protected by the attorney-client privilege [Evidence Code, Article 3, §952], as well as information

23 protected by the work product doctrine pursuant to CCP §2018.010, et seq. Notwithstanding the

24 foregoing objection, defendant answers as follows: See produced Incident Report.

25 FORM INTERROGATORY NO. 12.7:

26 Have YOU OR ANYONE ACTING ON YOUR BEHALF inspected the scene of the

27 INCIDENT?

28 If so, for each inspection state:

_______________________________________________________________________________
ANSWERS TO FORM INTERROGATORIES, SET ONE - 10
1 (a) the name, ADDRESS, and telephone number of the individual making the

2 inspection (except for expert witnesses covered by Code of Civil Procedure sections 2034.210 –

3 2034.310); and;

4 (b) the date of the inspection.

5 RESPONSE TO FORM INTERROGATORY NO. 12.7:

6 (a) – (b) Objection is made to this interrogatory on the grounds that it asks for

7 information protected by the attorney-client privilege [Evidence Code, Article 3, §952], as well as

8 information protected by the work product doctrine pursuant to CCP §2018.010, et seq.

9 Notwithstanding the foregoing objection, defendant answers as follows: No.

10 FORM INTERROGATORY NO. 13.1:

11 Have YOU OR ANYONE ACTING ON YOUR BEHALF conducted surveillance of any

12 individual involved in the INCIDENT or any party to this action? If so, for each surveillance state:

13 (a) the name, ADDRESS, and telephone number of the individual or party;

14 (b) the time, date, and place of the surveillance;

15 (c) the name, ADDRESS, and telephone number of the individual who conducted the

16 surveillance; and

17 (d) the name, ADDRESS, and telephone number of each PERSON who has the

18 original or a copy of any surveillance photograph, film, or videotape.

19 RESPONSE TO FORM INTERROGATORY NO. 13.1:

20 (a) – (d) Objection is made to this interrogatory on the grounds that it asks for

21 information protected by the attorney-client privilege [Evidence Code, Article 3, §952], as well as

22 information protected by the work product doctrine pursuant to CCP §2018.010, et seq.

23 Notwithstanding the foregoing objection, defendant answers as follows: No.

24 FORM INTERROGATORY NO. 13.2:

25 Has a written report been prepared on the surveillance? If so, for each written report state:

26 (a) The title;

27 (b) The date;

_______________________________________________________________________________
ANSWERS TO FORM INTERROGATORIES, SET ONE - 11
1 (c) The name, ADDRESS, and telephone number of the individual who prepared the

2 report; and

3 (d) The name, ADDRESS, and telephone number of each PERSON who has the

4 original or a copy.

5 RESPONSE TO FORM INTERROGATORY NO. 13.2:

6 (a) – (d) Objection is made to this interrogatory on the grounds that it asks for

7 information protected by the attorney-client privilege [Evidence Code, Article 3, §952], as well as

8 information protected by the work product doctrine pursuant to CCP §2018.010, et seq.

9 Notwithstanding the foregoing objection, defendant answers as follows: Not applicable.

10 FORM INTERROGATORY NO. 14.1:

11 Do YOU OR ANYONE ACTING ON YOUR BEHALF contend that any PERSON

12 involved in the INCIDENT violated any statute, ordinance, or regulation and that the violation

13 was a legal (proximate) cause of the INCIDENT? If so, identify the name, ADDRESS, and

14 telephone number of each PERSON and the statute, ordinance, or regulation that was violated.

15 RESPONSE TO FORM INTERROGATORY NO. 14.1:

16 Not at the present time. Discovery is continuing and responding party reserves the right to

17 make this contention in the future. Responding party has not had a reasonable opportunity to conduct

18 an investigation or discovery of this question.

19 FORM INTERROGATORY NO. 14.2:

20 Was any PERSON cited or charged with a violation of any statute, ordinance, or regulation

21 as a result of this INCIDENT? If so, for each PERSON state: the name, ADDRESS, and telephone

22 number of the PERSON; the statute, ordinance, or regulation allegedly violated; whether the

23 PERSON entered a plea in response to the citation or charge and, if so, the plea entered; and the

24 name and ADDRESS of the court or administrative agency, names of the parties, and case

25 number.

26 RESPONSE TO FORM INTERROGATORY NO. 14.2:

27 Defendant was not cited or charged with a violation.

28 //

_______________________________________________________________________________
ANSWERS TO FORM INTERROGATORIES, SET ONE - 12
1 FORM INTERROGATORY NO. 15.1:

2 Identify each denial of a material allegation and each special or affirmative defense in your

3 pleadings and for each: state all facts upon which you base the denial or special or affirmative

4 defense; state the names, ADDRESSES, and telephone numbers of all PERSONS who have

5 knowledge of those facts; and identify all DOCUMENTS and other tangible things that support

6 your denial or special or affirmative defense, and state the name, ADDRESS, and telephone

7 number of the PERSON who has each DOCUMENT.

8 RESPONSE TO FORM INTERROGATORY NO. 15.1:

9 A general denial is filed as a matter of right under Code of Civil Procedure, §431.30.

10 Furthermore, acts of discovery in this matter are yet to be concluded, and, as a result, a

11 comprehensive response to this interrogatory is not yet available. However, in the spirit of discovery,

12 all affirmative defenses alleged by this responding party are made for the specific purpose of

13 preserving the rights of said defendant and will be maintained until such time as discovery has been

14 concluded.

15 FORM INTERROGATORY NO. 16.1:

16 Do you contend that any PERSON, other than you or plaintiff, contributed to the

17 occurrence of the INCIDENT or the injuries or damages claimed by plaintiff? If so, for each

18 PERSON: state the name, ADDRESS, and telephone number of the PERSON; state all facts upon

19 which you base your contention; state the names, ADDRESSES, and telephone numbers of all

20 PERSONS who have knowledge of the facts; and identify all DOCUMENTS and other tangible

21 things that support your contention and state the name, ADDRESS, and telephone number of the

22 PERSON who has each DOCUMENT or thing.

23 RESPONSE TO FORM INTERROGATORY NO. 16.1:

24 (a) - (d) Objection: premature, pursuant to Form Interrogatories – General, Instructions

25 to the Asking Party, Sec. 2 (d), which specify that the interrogatories in Section 16.0, Defendant’s

26 Contentions – Personal Injury, should not be used until the defendant has had a reasonable

27 opportunity to conduct an investigation or discovery of plaintiff’s injuries and damages. Without

28 waiving the objection: no. Discovery and investigation continue.

_______________________________________________________________________________
ANSWERS TO FORM INTERROGATORIES, SET ONE - 13
1 FORM INTERROGATORY NO. 16.2:

2 Do you contend that plaintiff was not injured in the INCIDENT? If so:

3 (a) state all facts upon which you base your contention;

4 (b) state the names, ADDRESSES, and telephone numbers of all PERSONS who have

5 knowledge of the facts; and

6 (c) identify all DOCUMENTS and other tangible things that support your contention and

7 state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or

8 thing.

9 RESPONSE TO FORM INTERROGATORY NO. 16.2:

10 (a) - (c) Objection: premature, pursuant to Form Interrogatories – General, Instructions to

11 the Asking Party, Sec. 2 (d), which specify that the interrogatories in Section 16.0, Defendant’s

12 Contentions – Personal Injury, should not be used until the defendant has had a reasonable

13 opportunity to conduct an investigation or discovery of plaintiff’s injuries and damages. Without

14 waiving the objection: not at this time. Responding party has yet to have a reasonable opportunity to

15 conduct a complete investigation or discovery of plaintiff's injuries and damages. Discovery and

16 investigation continue.

17 FORM INTERROGATORY NO. 16.3:

18 Do you contend that the injuries or the extent of the injuries claimed by plaintiff as

19 disclosed in discovery proceedings thus far in this case were not caused by the INCIDENT? If so,

20 for each injury: identify it; state all facts upon which you base your contention; state the names,

21 ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and

22 identify all DOCUMENTS and other tangible things that support your contention and state the

23 name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing.

24 RESPONSE TO FORM INTERROGATORY NO. 16.3:

25 (a) - (d) Objection: premature, pursuant to Form Interrogatories – General, Instructions

26 to the Asking Party, Sec. 2 (d), which specify that the interrogatories in Section 16.0, Defendant’s

27 Contentions – Personal Injury, should not be used until the defendant has had a reasonable

28 opportunity to conduct an investigation or discovery of plaintiff’s injuries and damages. There has

_______________________________________________________________________________
ANSWERS TO FORM INTERROGATORIES, SET ONE - 14
1 been insufficient discovery as of the date of this writing to provide a good faith response. Further,

2 this interrogatory violates the attorney-client and/or attorney work product privileges by requiring

3 responding party to review and summarize records and thereby requiring responding party to disclose

4 the identity of retained expert witnesses outside of the time parameters set forth under the California

5 Code of Civil Procedure §2034.010, et seq. Without waiving the objection: responding party has not

6 completed his investigation, discovery and analysis of plaintiff’s claimed injuries and has not

7 formulated any contentions relative to the causal relationship between injuries claimed by plaintiff as

8 disclosed in discovery proceedings thus far in this case and the subject incident. Discovery and

9 investigation continue.

10 FORM INTERROGATORY NO. 16.4:

11 Do you contend that any of the services furnished by any HEALTH CARE PROVIDER

12 claimed by plaintiff in discovery proceedings thus far in this case were not due to the INCIDENT?

13 If so: identify each service; state all facts upon which you base your contention; state the names,

14 ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and

15 identify all DOCUMENTS and other tangible things that support your contention and state the

16 name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing.

17 RESPONSE TO FORM INTERROGATORY NO. 16.4:

18 (a) - (d) Objection: premature, pursuant to Form Interrogatories – General, Instructions

19 to the Asking Party, Sec. 2 (d), which specify that the interrogatories in Section 16.0, Defendant’s

20 Contentions – Personal Injury, should not be used until the defendant has had a reasonable

21 opportunity to conduct an investigation or discovery of plaintiff’s injuries and damages. There has

22 been insufficient discovery as of the date of this writing to provide a good faith response. Further,

23 this interrogatory violates the attorney-client and/or attorney work product privileges by requiring

24 responding party to review and summarize records and thereby requiring responding party to disclose

25 the identity of retained expert witnesses outside of the time parameters set forth under the California

26 Code of Civil Procedure §2034.010, et seq. Without waiving the objection: responding party has not

27 completed his investigation, discovery and analysis of plaintiff’s claimed injuries and damages and

28 has not formulated any contentions relative to the causal relationship between any of the services

_______________________________________________________________________________
ANSWERS TO FORM INTERROGATORIES, SET ONE - 15
1 furnished by health care providers claimed by plaintiff in discovery proceedings thus far in this case

2 and the subject incident. Discovery and investigation continue.

3 FORM INTERROGATORY NO. 16.5:

4 Do you contend that any of the costs of services furnished by any HEALTH CARE

5 PROVIDER claimed as damages by plaintiff in discovery proceedings thus far in this case were

6 not necessary or unreasonable? If so: identify each cost; state all facts upon which you base your

7 contention; state the names, ADDRESSES, and telephone numbers of all PERSONS who have

8 knowledge of the facts; and identify all DOCUMENTS and other tangible things that support your

9 contention and state the name, ADDRESS, and telephone number of the PERSON who has each

10 DOCUMENT or thing.

11 RESPONSE TO FORM INTERROGATORY NO. 16.5:

12 (a) - (d) Objection: premature, pursuant to Form Interrogatories – General, Instructions to the

13 Asking Party, Sec. 2 (d), which specify that the interrogatories in Section 16.0, Defendant’s

14 Contentions – Personal Injury, should not be used until the defendant has had a reasonable

15 opportunity to conduct an investigation or discovery of plaintiff’s injuries and damages. There has

16 been insufficient discovery as of the date of this writing to provide a good faith response. Further,

17 this interrogatory violates the attorney-client and/or attorney work product privileges by requiring

18 responding party to review and summarize records and thereby requiring responding party to disclose

19 the identity of retained expert witnesses outside of the time parameters set forth under the California

20 Code of Civil Procedure §2034.010, et seq. Without waiving the objection: responding party has not

21 completed his investigation, discovery and analysis of plaintiff’s claimed injuries and damages and

22 has not formulated any contentions relative to the necessity or reasonableness of any of the cost of

23 services furnished by health care providers claimed by plaintiff in discovery proceedings thus far in

24 this case. Discovery and investigation continue.

25 FORM INTERROGATORY NO. 16.6:

26 Do you contend that any part of the loss of earnings or income claimed by plaintiff in

27 discovery proceedings thus far in this case was unreasonable or was not caused by the

28 INCIDENT? If so: identify each part of the loss; state all facts upon which you base your

_______________________________________________________________________________
ANSWERS TO FORM INTERROGATORIES, SET ONE - 16
1 contention; state the names, ADDRESSES, and telephone numbers of all PERSONS who have

2 knowledge of the facts; and identify all DOCUMENTS and other tangible things that support your

3 contention and state the name, ADDRESS, and telephone number of the PERSON who has each

4 DOCUMENT or thing.

5 RESPONSE TO FORM INTERROGATORY NO. 16.6:

6 (a) - (d) Objection: premature, pursuant to Form Interrogatories – General, Instructions to the

7 Asking Party, Sec. 2 (d), which specify that the interrogatories in Section 16.0, Defendant’s

8 Contentions – Personal Injury, should not be used until the defendant has had a reasonable

9 opportunity to conduct an investigation or discovery of plaintiff’s injuries and damages. There has

10 been insufficient discovery as of the date of this writing to provide a good faith response. Further,

11 this interrogatory violates the attorney-client and/or attorney work product privileges by requiring

12 responding party to review and summarize records and thereby requiring responding party to disclose

13 the identity of retained expert witnesses outside of the time parameters set forth under the California

14 Code of Civil Procedure §2034.010, et seq. Without waiving the objection: responding party has not

15 completed his investigation, discovery and analysis of plaintiff’s claimed injuries and damages and

16 has not formulated any contentions relative to the causal relationship between the loss of earnings or

17 income claimed by plaintiff in discovery proceedings thus far in this case and the subject

18 incident. Discovery and investigation continue.

19 FORM INTERROGATORY NO. 16.7:

20 Do you contend that any of the property damage claimed by plaintiff in discovery

21 proceedings thus far in this case was not caused by the INCIDENT? If so: identify each item of

22 property damage; state all facts upon which you base your contention; state the names,

23 ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and

24 identify all DOCUMENTS and other tangible things that support your response and state the

25 name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing.

26 RESPONSE TO FORM INTERROGATORY NO. 16.7:

27 (a) - (d) Objection: premature, pursuant to Form Interrogatories – General, Instructions

28 to the Asking Party, Sec. 2 (d), which specify that the interrogatories in Section 16.0, Defendant’s

_______________________________________________________________________________
ANSWERS TO FORM INTERROGATORIES, SET ONE - 17
1 Contentions – Personal Injury, should not be used until the defendant has had a reasonable

2 opportunity to conduct an investigation or discovery of plaintiff’s injuries and damages. There has

3 been insufficient discovery as of the date of this writing to provide a good faith response. Further,

4 this interrogatory violates the attorney-client and/or attorney work product privileges by requiring

5 responding party to review and summarize records and thereby requiring responding party to disclose

6 the identity of retained expert witnesses outside of the time parameters set forth under the California

7 Code of Civil Procedure §2034.010, et seq. Discovery and investigation continue.

8 FORM INTERROGATORY NO. 16.9:

9 Do YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT (for

10 example, insurance bureau index reports) concerning claims for personal injuries made before or

11 after the INCIDENT by a plaintiff in this case? If so, for each plaintiff state: the source of each

12 DOCUMENT; the date each claim arose; the nature of each claim; and the name, ADDRESS, and

13 telephone number of the PERSON who has each DOCUMENT.

14 RESPONSE TO FORM INTERROGATORY NO. 16.9:

15 (a) - (d) Objection: premature, pursuant to Form Interrogatories – General, Instructions

16 to the Asking Party, Sec. 2 (d), which specify that the interrogatories in Section 16.0, Defendant’s

17 Contentions – Personal Injury, should not be used until the defendant has had a reasonable

18 opportunity to conduct an investigation or discovery of plaintiff’s injuries and damages; further, calls

19 for information protected from disclosure by the attorney-client privilege and the attorney work

20 product doctrine. Without waiving the objection: not at this time. Discovery and investigation

21 continue.

22 FORM INTERROGATORY NO. 16.10:

23 Do YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT

24 concerning the past or present physical, mental, or emotional condition of any plaintiff in this case

25 from a HEALTH CARE PROVIDER not previously identified (except for expert witnesses

26 covered by Code of Civil Procedure section 2034)? If so, for each plaintiff state: the name,

27 ADDRESS, and telephone number of each HEALTH CARE PROVIDER; a description of each

28 DOCUMENT; and the name, ADDRESS, and telephone number of the PERSON who has each

_______________________________________________________________________________
ANSWERS TO FORM INTERRO

Case Info

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Fineman, Nancy L. Track Judge’s New Case

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Document Filed Date

February 06, 2024

Case Filing Date

September 14, 2021

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No Value: Deborah Kelly Garland Peric vs. Lotus Hospitality II, Inc., et al

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