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1 WILLIAM A. BRUCE, ESQ. -SBN 91633
CLIFFORD & BROWN
2 A Professional Corporation
Attorneys at Law
3 Bank of America Building
1430 Truxtun Avenue, Suite 900
[Filing fee exempt
4 Bakersfield, CA 93301-5230
Gov. Code§ 6103)
Email: bbruce@clifford-brownlaw.com
5 Tel: (661) 322-6023 Fax: (661) 322-3508
6 Attorneys for Defendant,
CITY OF BAKERSFIELD
7
8
9 SUPERJOR COURT OF CALIFORNIA, COUNTY OF KERN
10 METRO JUSTICE BUILDING
11 ***
12 IRENE HELEN CURTIS, an individual, CASE NO. BCV-23-102343-TSC
Complaint filed: 07/20/23
13 Plaintiff, Trial Date: n/a
14
vs.
15 DECLARATION OF WILLIAM A. BRUCE
IN SUPPORT OF MOTION TO COMPEL
16 CITY OF BAKERSFIELD; VERIFIED RESPONSES TO FORM
COUNTY OF KERN; INTERROGATORIES (SET 1), REQUEST
17 M-STREET NAVIGATION CENTER dba FOR PRODUCTION (SET 1), AND
CAPK COMMUNICATION ACTION SPECIAL INTERROGATORIES (SET 1);
18 PARTNERSHIP OF KERN; AND REQUEST FOR MONETARY
STATE OF CALIFORNIA; and SANCTIONS
19 DOES 1 through 100, Inclusive
DATE: March 11, 2024
20 Defendants. TIME: 8:30 a.m.
DEPT.: 17
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Assigned to the Hon. Thomas S. Clark
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24 I, WILLIAM A. BRUCE, declare as follows:
25 1. I am an attorney at law licensed to practice before all courts in the State of California and
26 I am one of the attorneys for Defendant CITY OF BAKERSFIELD (the "City"), in the above-entitled
27 matter.
28 ///
DECLARATION OF WILLIAM A. BRUCE IN SUPPORT OF MOTION TO COMPEL VERIFIED RESPONSES TO FORM INTERROGATORIES (SET 1),
REQUEST FOR PRODUCTION (SET 1), AND SPECIAL INTERROGATORIES (SET l); AND REQUEST FOR MONETARY SANCTIONS
1 2. I have personal knowledge of the facts stated in this Declaration and if called as witness I
2 could and would competently testify thereto.
3 3. On or about October 31, 2023, the City, through my office, served its Form Interrogatories
4 (Set 1) ("FRI"), Request for Production (Set 1) ("RFP 1"), and Special Interrogatories (Set 1) ("SRI") on
5 Plaintiff IRENE HELEN CURTIS ("Plaintiff') via electronic service. True and correct copies of FRI,
6 RFPI and SRI are attached hereto collectively as Exhibit "A."
7 4. On or about November 30, 2023, Plaintiff, through her counsel, served unverified
8 responses to FRI, RFPI and SRI. True and correct copies of Plaintiffs unverified responses to FRI,
9 RFPI and SRI are attached hereto collectively as Exhibit "B."
5. On or about December 21, 2023, the City, through my office, served a Meet and Confer
11 letter to Plaintiff's counsel regarding Plaintiff's failure to serve verified responses to FRI, RFPI and SRI,
12 with a demand that Plaintiff serve verified responses within ten (10) days. A true and correct copy of my
13 December 21, 2023 Meet and Confer letter is attached hereto as Exhibit "C."
14 6. My office never received a response to my December 21, 2023 Meet and Confer letter.
15 7. On or about January 9, 2024, counsel for Plaintiff sent an e-mail to my office asking for
16 the City's availability for purposes of scheduling the deposition of the City's Person(s) Most
17 Knowledgeable.
18 8. I responded that same day, advising counsel for Plaintiff that he had still not responded to
19 my December 21, 2023 Meet and Confer letter; that the City still has not received verified responses to
20 FRI, RFPI and SRI, and that the City would proceed with the instant Motion if Plaintiff fails to provide
21 the verified responses.
22 9. Counsel for Plaintiff responded with "All seems fine." He then informed me that he
23 "called [me] twice today," to which I responded, via e-mail, advising that the City needed a written
24 response to its December 21, 2023 Meet and Confer letter. True and correct copies of the January 9, 2024
25 e-mail communications between my office and counsel for Plaintiff are attached hereto collectively as
26 Exhibit "D."
27 10. As of the date of this filing, my office has still not received a written response (or any
28 substantive response) to my December 21, 2023 Meet and Confer letter.
2
DECLARATION OF WILLIAM A. BRUCE IN SUPPORT OF MOTION TO COMPEL VERIFIED RESPONSES TO FORM INTERROGATORIES (SET 1),
REQUEST FOR PRODUCTION (SET 1), AND SPECIAL INTERROGATORIES (SET l); AND REQUEST FOR MONETARY SANCTIONS
1 11. On or about Januaiy 17, 2024, my office again reached out to counsel for Plaintiff via e-
2 mail seeking confamation that Plaintiff will provide verified responses to FRI, RFPI and SRI. A tme and
3 conect copy of my January 17, 2024 e-mail is attached hereto as Exhibit "E."
4 12. As of the date of this filing, Plaintiff has still not provided verified responses to FRI,
5 RFPI or SRI.
6 13. I further made several attempts to speak with counsel for Plaintiff via telephone, only to be
7 consistently told either: (1) to send him an e-mail; or (2) he's busy and will call me back. My e-mails
8 never received a substantive reply, and my phone calls have consistently gone unanswered or unreturned.
9 14. My office made numerous good faith attempts to meet and confer with counsel for
10 Plaintiff regarding the unverified responses to FRI , RFPI and SRI, all to no avail, and thereby
11 necessitating the instant Motion.
12 15. I have spent 2 hours researching and preparing this Motion and expect to spend an
13 addition 0.5 hours preparing a reply to Plaintiffs anticipated opposition to same, along with 0.5 hours
14 appeai·ing at and arguing this Motion at the hearing on same.
15 15. My hourly rate charged to the City in this matter is $200.00 per hour. I have been in
16 practice in Bakersfield for nearly 44 years and I am familiar with the rates charged by other lawyers in
17 Kem County with similar experience. Based upon that familiarity my hourly rate is reasonable, and
18 generally toward the low end of the spectrum.
19 16. Accordingly, the City has and will incur attorney's fees and costs totaling $600.00 in
20 connection with this motion and on its behalf I am requesting that the Court order Plaintiff and her
21 counsel,jointly and severally, to reimburse the City in that sum.
22 I declai·e under penalty of perjury under the laws of the State of California that the foregoing is
23 true and correct. Executed at Bakersfield, California on February I ~ : 4.
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25 - - - - - - = - - - -"--.>....:.-"""'-l-----'1---''----"----'- -=-- -
WILLIAM A. BRUC
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DECLARATION OF WILLIAM A. BRUCE IN SUPPORT OF MOTION TO COMPEL VERIFIED RESPONSES TO FORM INTERROGATORIES (SET I),
REQUEST FOR PRODUCTION (SET I), AND SPECIAL INTERROGATORIES (SET l); AND REQUEST FOR MONETARY SANCTIONS
1 EXHIBIT "A"
2 [FRI, RFPl and SRI]
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DECLARA TJON OF WILLIAM A. BRUCE IN SUPPORT OF MOTION TO COMPEL VERIFIED RESPONSES TO FORM INTERROGATORIES (SET 1),
REQUEST FOR PRODUCTION (SET 1), AND SPECIAL INTERROGATORIES (SET l); AND REQUEST FOR MONETARY SANCTIONS
DISC-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address):
William A. Bruce SBN: 91633
-CLIFFORD & BROWN
1430 Truxtun Ave, Suite 900, Bakersfield, CA 93301
TELEPHONE NO.: 6613 226023
FAX NO. (Op//onalj:66132235O8
bbruce@clifford-brownlaw.com
E-MAIL ADDRESS (Optional):
Citv of Bakersfield
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUN'.fV OF KERN
Metro Division
1415 Trnxtun Avenue, Bakersfield, CA 93301
SHORT TITLE OF CASE: Irene Helen Curtis, an individual, Plaintiff v. City of Bakersfield, etc., et al.
CASE NUMBER:
FORM INTERROGATORIES-GENERAL
Asking Party: City of Bakersfield BCV-23-102343-TSC
Answering Party: Trene Helen Curtis
Set No.: 1
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 2030.010-2030.41 0 and the cases construing those good faith effort to get the information by asking other persons
sections. or organizations, unless the information ls 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 t.han 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 [X] (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 ofO
Form Approved for Optional Use Code of Civil Procedure,
Judicial Council of California FORM INTERROGATORIES-GENERAL §§ 2030.010-2030.410, 2033,710
DISC-001 !Rev. January 1, 2008] www,courtlnlo.ca.gov
Westlaw Doc 8c Fonn Builder
DISC-001
Ix] (2) INCIDENT means (insert your definition here or 1.0 Identity of Persons Answering These Interrogatories
on a separate, attached sheet labeled ''Sec. Ix] 1.1 State the name, ADDRESS, telephone number, and
4(a}{2)'J: 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 Ix] 2.1 State:
includes you, your agents, your employees, your insurance (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, Ix] 2.2 State the date and place of your birth.
organization, partnership, business, trust, limited liability
company, corporation, or public entity.
Ix] 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
Ix] 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
Ix] 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 2033.71 O: (c) the dates you lived at each ADDRESS.
CONTENTS
Ix] 2.6 State:
{o Identity of Persons Answering These Interrogatories (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 [X] 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 [X] 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} Ix] 2.9 Can you speak English with ease? If not, what
50.0 Contract language and dialect do you normally use?
60.0 [Reserved}
70.0 Unlawful Detainer [See separate form DISC-003} Ix] 2.1 O Can you read and write English with ease? If not, what
101.0 Economic Litigation [See separate form DISC-004} language and dialect do you normally use?
200.0 Employment Law [See separate form DfSC-002}
Family Law [See separate form FL-145}
DISC-001 (Rev. January 1, 20081 Page 2ol 8
FORM INTERROGATORIES-GENERAL
DISC-001
[X] 2.11 At the time of the INCIDENT were you acting as an D 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 1O 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 prlncipal place of business.
[X] 2.12 At the time of the INCIDENT did you or any other
person have any physical, emotional, or mental disability or D 3.5 Are you an unincorporated association?
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.
[X] 2.13 Within 24 hours before the INCIDENT did you or any D 3.6 Have you done business under a fictitious name during
person Involved in the INCIDENT use or take any of the the past 1O 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; D 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
taken; (a) identify the license or registration;
(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 [X] 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
D 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;
1O 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;
D 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 [X] 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.
D 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 1O
years and the date each was used;
6.0 Physical, Mental, or Emotional Injuries
(c) the date and place of filing of the articles of organization; [X] 6.1 Do you attribute any physical, mental, or emotional
(d) the ADDRESS of the principal place of business; and 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).
[X] 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 3of8
DISC-001
[X] 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.
[X] 6.4 Did you receive any consultation or examination [X] 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 [X] 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;
[X] 6.5 Have you taken any medication, prescribed or not, as a
result of injuries that you attribute to the INCIDENT? If so, (c) the repair cost;
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
[X] 8.1 Do you attribute any loss of income or earning capacity
[X] 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;
[X] 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. [X] 8.3 State the last date before the INCIDENT that you
worked for compensation.
[X] 6. 7 Has any HEALTH CARE PROVIDER advised that you
may require future or additional treatment for any injuries [K] 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 [X] 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 [K] 8.6 State the dates you did not work and for which you lost
treatment. income as a result of the INCIDENT.
7.0 Property Damage [X] 8.7 State the total income you have lost to date as a result
[X] 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: [X] 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 ot8
DISC-001
9.0 Other Damages (c) the court, names of the parties, and case number of any
action filed;
[XI 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.
[X] 11.2 In the past 1O years have you made a written claim or
demand for workers' compensation benefits? If so, for each
[X] 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'
[X] 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.
[XJ 12.1 State the name, ADDRESS, and telephone number of
each lndlvldual:
00 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
[X] 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
damages? If so, for each incident giving rise to an Injury claim has knowledge of the INCIDENT (except for
state: expert witnesses covered by Code of Civil Procedure
section 2034).
(a) the date and the place It occurred;
(b) the name, ADDRESS, and telephone number of any
other PERSON involved;
[XJ 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 Previous Claims PERSON who conducted the interview.
[XJ 11.1 Except for this action, in the past 10 years have you [X) 12.3 Have YOU OR ANYONE ACTING ON YOUR
filed an action or made a written claim or demand for BEHALF obtained a written or recorded statement from any
compensation for your personal Injuries? If so, for each individual concerning the INCIDENT? If so, for each
action, claim, or demand state: statement state:
(a) the date, time, and place and location (closest street (a) the name, ADDRESS, and telephone number of the
ADDRESS or intersection) of the INCIDENT giving rise individual from whom the statement was obtained;
to the action, claim, or demand; (b) the name, ADDRESS, and telephone number of the
(b) the name, ADDRESS, and telephone number of each individual who obtained the statement;
PERSON against whom the claim or demand was made (c) the date the statement was obtained; and
. or the action filed; (d) the name, ADDRESS, and telephone number of each
PERSON who has the original statement or a copy.
DISC-001 (Rev. January t, 2008] FORM INTERROGATORIES-GENERAL Page 5 of 6
DISC-001
[XI 12.4 Do YOU OR ANYONE ACTING ON YOUR BEHALF [x] 13.2 Has a written report been prepared on the
know of any photographs, films, or videotapes depicting any surveillance? If so, for each written report state:
place, object, or Individual concerning the INCIDENT or (a) the title;
plaintiff's injuries? If so, state: (b) the date;
(a) the number of photographs or feet of film or videotape; (c) the name, ADDRESS, and telephone number of the
(b) the places, objects, or persons photographed, filmed, or individual who prepared the report; and
videotaped; (d) the name, ADDRESS, and telephone number of each
(c) the date the photographs, films, or videotapes were PERSON who has the original or a copy.
taken; 14.0 Statutory or Regulatory Violations
(d) the name, ADDRESS, and telephone number of the
individual taking the photographs, films, or videotapes; [XI 14.1 Do YOU OR ANYONE ACTING ON YOUR BEHALF
and contend that any PERSON involved In the INCIDENT
(e) the name, ADDRESS, and telephone number of each violated any statute, ordinance, or regulation and that the
PERSON who has the original or a copy of the violation was a legal (proximate) cause of the INCIDENT? If
photographs, films, or videotapes. so, Identify the name, ADDRESS, and telephone number of
each PERSON and the statute, ordinance, or regulation that
[XI 12.5 Do YOU OR ANYONE ACTING ON YOUR BEHALF was violated.
know of any diagram, reproduction, or model of any place or [xi 14.2 Was any PERSON cited or charged with a violation of
thing (except for items developed by expert witnesses any statute, ordinance, or regulation as a result of this
covered by Code of Civil Procedure sections 2034.210- INCIDENT? If so, for each PERSON state:
2034.310) concerning the INCIDENT? If so, for each Item
state: (a) the name, ADDRESS, and telephone number of the
PERSON;
(a) the type (i.e., diagram, reproduction, or model); (b) the statute, ordinance, or regulation allegedly violated;
(b) the subject matter; and
(c) whether the PERSON entered a plea in response to the
(c) the name, ADDRESS, and telephone number of each citation or charge and, if so, the plea entered; and
PERSON who has It.
(d) the name and ADDRESS of the court or administrative
[XI 12.6 Was a report made by any PERSON concerning the agency, names of the parties, and case number.
INCIDENT? If so, state:
15.0 Denials and Special or Affirmative Defenses
(a) the name, title, Identification number, and employer of
the PERSON who made the report;
Preview
1 WILLIAM A. BRUCE, ESQ. -SBN 91633 CLIFFORD & BROWN 2 A Professional Corporation Attorneys at Law 3 Bank of America Building 1430 Truxtun Avenue, Suite 900 [Filing fee exempt 4 Bakersfield, CA 93301-5230 Gov. Code§ 6103) Email: bbruce@clifford-brownlaw.com 5 Tel: (661) 322-6023 Fax: (661) 322-3508 6 Attorneys for Defendant, CITY OF BAKERSFIELD 7 8 9 SUPERJOR COURT OF CALIFORNIA, COUNTY OF KERN 10 METRO JUSTICE BUILDING 11 *** 12 IRENE HELEN CURTIS, an individual, CASE NO. BCV-23-102343-TSC Complaint filed: 07/20/23 13 Plaintiff, Trial Date: n/a 14 vs. 15 DECLARATION OF WILLIAM A. BRUCE IN SUPPORT OF MOTION TO COMPEL 16 CITY OF BAKERSFIELD; VERIFIED RESPONSES TO FORM COUNTY OF KERN; INTERROGATORIES (SET 1), REQUEST 17 M-STREET NAVIGATION CENTER dba FOR PRODUCTION (SET 1), AND CAPK COMMUNICATION ACTION SPECIAL INTERROGATORIES (SET 1); 18 PARTNERSHIP OF KERN; AND REQUEST FOR MONETARY STATE OF CALIFORNIA; and SANCTIONS 19 DOES 1 through 100, Inclusive DATE: March 11, 2024 20 Defendants. TIME: 8:30 a.m. DEPT.: 17 21 Assigned to the Hon. Thomas S. Clark 22 23 24 I, WILLIAM A. BRUCE, declare as follows: 25 1. I am an attorney at law licensed to practice before all courts in the State of California and 26 I am one of the attorneys for Defendant CITY OF BAKERSFIELD (the "City"), in the above-entitled 27 matter. 28 /// DECLARATION OF WILLIAM A. BRUCE IN SUPPORT OF MOTION TO COMPEL VERIFIED RESPONSES TO FORM INTERROGATORIES (SET 1), REQUEST FOR PRODUCTION (SET 1), AND SPECIAL INTERROGATORIES (SET l); AND REQUEST FOR MONETARY SANCTIONS 1 2. I have personal knowledge of the facts stated in this Declaration and if called as witness I 2 could and would competently testify thereto. 3 3. On or about October 31, 2023, the City, through my office, served its Form Interrogatories 4 (Set 1) ("FRI"), Request for Production (Set 1) ("RFP 1"), and Special Interrogatories (Set 1) ("SRI") on 5 Plaintiff IRENE HELEN CURTIS ("Plaintiff') via electronic service. True and correct copies of FRI, 6 RFPI and SRI are attached hereto collectively as Exhibit "A." 7 4. On or about November 30, 2023, Plaintiff, through her counsel, served unverified 8 responses to FRI, RFPI and SRI. True and correct copies of Plaintiffs unverified responses to FRI, 9 RFPI and SRI are attached hereto collectively as Exhibit "B." 5. On or about December 21, 2023, the City, through my office, served a Meet and Confer 11 letter to Plaintiff's counsel regarding Plaintiff's failure to serve verified responses to FRI, RFPI and SRI, 12 with a demand that Plaintiff serve verified responses within ten (10) days. A true and correct copy of my 13 December 21, 2023 Meet and Confer letter is attached hereto as Exhibit "C." 14 6. My office never received a response to my December 21, 2023 Meet and Confer letter. 15 7. On or about January 9, 2024, counsel for Plaintiff sent an e-mail to my office asking for 16 the City's availability for purposes of scheduling the deposition of the City's Person(s) Most 17 Knowledgeable. 18 8. I responded that same day, advising counsel for Plaintiff that he had still not responded to 19 my December 21, 2023 Meet and Confer letter; that the City still has not received verified responses to 20 FRI, RFPI and SRI, and that the City would proceed with the instant Motion if Plaintiff fails to provide 21 the verified responses. 22 9. Counsel for Plaintiff responded with "All seems fine." He then informed me that he 23 "called [me] twice today," to which I responded, via e-mail, advising that the City needed a written 24 response to its December 21, 2023 Meet and Confer letter. True and correct copies of the January 9, 2024 25 e-mail communications between my office and counsel for Plaintiff are attached hereto collectively as 26 Exhibit "D." 27 10. As of the date of this filing, my office has still not received a written response (or any 28 substantive response) to my December 21, 2023 Meet and Confer letter. 2 DECLARATION OF WILLIAM A. BRUCE IN SUPPORT OF MOTION TO COMPEL VERIFIED RESPONSES TO FORM INTERROGATORIES (SET 1), REQUEST FOR PRODUCTION (SET 1), AND SPECIAL INTERROGATORIES (SET l); AND REQUEST FOR MONETARY SANCTIONS 1 11. On or about Januaiy 17, 2024, my office again reached out to counsel for Plaintiff via e- 2 mail seeking confamation that Plaintiff will provide verified responses to FRI, RFPI and SRI. A tme and 3 conect copy of my January 17, 2024 e-mail is attached hereto as Exhibit "E." 4 12. As of the date of this filing, Plaintiff has still not provided verified responses to FRI, 5 RFPI or SRI. 6 13. I further made several attempts to speak with counsel for Plaintiff via telephone, only to be 7 consistently told either: (1) to send him an e-mail; or (2) he's busy and will call me back. My e-mails 8 never received a substantive reply, and my phone calls have consistently gone unanswered or unreturned. 9 14. My office made numerous good faith attempts to meet and confer with counsel for 10 Plaintiff regarding the unverified responses to FRI , RFPI and SRI, all to no avail, and thereby 11 necessitating the instant Motion. 12 15. I have spent 2 hours researching and preparing this Motion and expect to spend an 13 addition 0.5 hours preparing a reply to Plaintiffs anticipated opposition to same, along with 0.5 hours 14 appeai·ing at and arguing this Motion at the hearing on same. 15 15. My hourly rate charged to the City in this matter is $200.00 per hour. I have been in 16 practice in Bakersfield for nearly 44 years and I am familiar with the rates charged by other lawyers in 17 Kem County with similar experience. Based upon that familiarity my hourly rate is reasonable, and 18 generally toward the low end of the spectrum. 19 16. Accordingly, the City has and will incur attorney's fees and costs totaling $600.00 in 20 connection with this motion and on its behalf I am requesting that the Court order Plaintiff and her 21 counsel,jointly and severally, to reimburse the City in that sum. 22 I declai·e under penalty of perjury under the laws of the State of California that the foregoing is 23 true and correct. Executed at Bakersfield, California on February I ~ : 4. 24 25 - - - - - - = - - - -"--.>....:.-"""'-l-----'1---''----"----'- -=-- - WILLIAM A. BRUC 26 27 28 3 DECLARATION OF WILLIAM A. BRUCE IN SUPPORT OF MOTION TO COMPEL VERIFIED RESPONSES TO FORM INTERROGATORIES (SET I), REQUEST FOR PRODUCTION (SET I), AND SPECIAL INTERROGATORIES (SET l); AND REQUEST FOR MONETARY SANCTIONS 1 EXHIBIT "A" 2 [FRI, RFPl and SRI] 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 DECLARA TJON OF WILLIAM A. BRUCE IN SUPPORT OF MOTION TO COMPEL VERIFIED RESPONSES TO FORM INTERROGATORIES (SET 1), REQUEST FOR PRODUCTION (SET 1), AND SPECIAL INTERROGATORIES (SET l); AND REQUEST FOR MONETARY SANCTIONS DISC-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Slate Bar number, and address): William A. Bruce SBN: 91633 -CLIFFORD & BROWN 1430 Truxtun Ave, Suite 900, Bakersfield, CA 93301 TELEPHONE NO.: 6613 226023 FAX NO. (Op//onalj:66132235O8 bbruce@clifford-brownlaw.com E-MAIL ADDRESS (Optional): Citv of Bakersfield ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUN'.fV OF KERN Metro Division 1415 Trnxtun Avenue, Bakersfield, CA 93301 SHORT TITLE OF CASE: Irene Helen Curtis, an individual, Plaintiff v. City of Bakersfield, etc., et al. CASE NUMBER: FORM INTERROGATORIES-GENERAL Asking Party: City of Bakersfield BCV-23-102343-TSC Answering Party: Trene Helen Curtis Set No.: 1 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 2030.010-2030.41 0 and the cases construing those good faith effort to get the information by asking other persons sections. or organizations, unless the information ls 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 t.han 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 [X] (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 ofO Form Approved for Optional Use Code of Civil Procedure, Judicial Council of California FORM INTERROGATORIES-GENERAL §§ 2030.010-2030.410, 2033,710 DISC-001 !Rev. January 1, 2008] www,courtlnlo.ca.gov Westlaw Doc 8c Fonn Builder DISC-001 Ix] (2) INCIDENT means (insert your definition here or 1.0 Identity of Persons Answering These Interrogatories on a separate, attached sheet labeled ''Sec. Ix] 1.1 State the name, ADDRESS, telephone number, and 4(a}{2)'J: 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 Ix] 2.1 State: includes you, your agents, your employees, your insurance (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, Ix] 2.2 State the date and place of your birth. organization, partnership, business, trust, limited liability company, corporation, or public entity. Ix] 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 Ix] 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 Ix] 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 2033.71 O: (c) the dates you lived at each ADDRESS. CONTENTS Ix] 2.6 State: {o Identity of Persons Answering These Interrogatories (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 [X] 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 [X] 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} Ix] 2.9 Can you speak English with ease? If not, what 50.0 Contract language and dialect do you normally use? 60.0 [Reserved} 70.0 Unlawful Detainer [See separate form DISC-003} Ix] 2.1 O Can you read and write English with ease? If not, what 101.0 Economic Litigation [See separate form DISC-004} language and dialect do you normally use? 200.0 Employment Law [See separate form DfSC-002} Family Law [See separate form FL-145} DISC-001 (Rev. January 1, 20081 Page 2ol 8 FORM INTERROGATORIES-GENERAL DISC-001 [X] 2.11 At the time of the INCIDENT were you acting as an D 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 1O 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 prlncipal place of business. [X] 2.12 At the time of the INCIDENT did you or any other person have any physical, emotional, or mental disability or D 3.5 Are you an unincorporated association? 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. [X] 2.13 Within 24 hours before the INCIDENT did you or any D 3.6 Have you done business under a fictitious name during person Involved in the INCIDENT use or take any of the the past 1O 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; D 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 taken; (a) identify the license or registration; (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 [X] 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 D 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; 1O 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; D 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 [X] 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. D 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 1O years and the date each was used; 6.0 Physical, Mental, or Emotional Injuries (c) the date and place of filing of the articles of organization; [X] 6.1 Do you attribute any physical, mental, or emotional (d) the ADDRESS of the principal place of business; and 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). [X] 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 3of8 DISC-001 [X] 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. [X] 6.4 Did you receive any consultation or examination [X] 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 [X] 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; [X] 6.5 Have you taken any medication, prescribed or not, as a result of injuries that you attribute to the INCIDENT? If so, (c) the repair cost; 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 [X] 8.1 Do you attribute any loss of income or earning capacity [X] 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; [X] 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. [X] 8.3 State the last date before the INCIDENT that you worked for compensation. [X] 6. 7 Has any HEALTH CARE PROVIDER advised that you may require future or additional treatment for any injuries [K] 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 [X] 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 [K] 8.6 State the dates you did not work and for which you lost treatment. income as a result of the INCIDENT. 7.0 Property Damage [X] 8.7 State the total income you have lost to date as a result [X] 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: [X] 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 ot8 DISC-001 9.0 Other Damages (c) the court, names of the parties, and case number of any action filed; [XI 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. [X] 11.2 In the past 1O years have you made a written claim or demand for workers' compensation benefits? If so, for each [X] 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' [X] 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. [XJ 12.1 State the name, ADDRESS, and telephone number of each lndlvldual: 00 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 [X] 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 damages? If so, for each incident giving rise to an Injury claim has knowledge of the INCIDENT (except for state: expert witnesses covered by Code of Civil Procedure section 2034). (a) the date and the place It occurred; (b) the name, ADDRESS, and telephone number of any other PERSON involved; [XJ 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 Previous Claims PERSON who conducted the interview. [XJ 11.1 Except for this action, in the past 10 years have you [X) 12.3 Have YOU OR ANYONE ACTING ON YOUR filed an action or made a written claim or demand for BEHALF obtained a written or recorded statement from any compensation for your personal Injuries? If so, for each individual concerning the INCIDENT? If so, for each action, claim, or demand state: statement state: (a) the date, time, and place and location (closest street (a) the name, ADDRESS, and telephone number of the ADDRESS or intersection) of the INCIDENT giving rise individual from whom the statement was obtained; to the action, claim, or demand; (b) the name, ADDRESS, and telephone number of the (b) the name, ADDRESS, and telephone number of each individual who obtained the statement; PERSON against whom the claim or demand was made (c) the date the statement was obtained; and . or the action filed; (d) the name, ADDRESS, and telephone number of each PERSON who has the original statement or a copy. DISC-001 (Rev. January t, 2008] FORM INTERROGATORIES-GENERAL Page 5 of 6 DISC-001 [XI 12.4 Do YOU OR ANYONE ACTING ON YOUR BEHALF [x] 13.2 Has a written report been prepared on the know of any photographs, films, or videotapes depicting any surveillance? If so, for each written report state: place, object, or Individual concerning the INCIDENT or (a) the title; plaintiff's injuries? If so, state: (b) the date; (a) the number of photographs or feet of film or videotape; (c) the name, ADDRESS, and telephone number of the (b) the places, objects, or persons photographed, filmed, or individual who prepared the report; and videotaped; (d) the name, ADDRESS, and telephone number of each (c) the date the photographs, films, or videotapes were PERSON who has the original or a copy. taken; 14.0 Statutory or Regulatory Violations (d) the name, ADDRESS, and telephone number of the individual taking the photographs, films, or videotapes; [XI 14.1 Do YOU OR ANYONE ACTING ON YOUR BEHALF and contend that any PERSON involved In the INCIDENT (e) the name, ADDRESS, and telephone number of each violated any statute, ordinance, or regulation and that the PERSON who has the original or a copy of the violation was a legal (proximate) cause of the INCIDENT? If photographs, films, or videotapes. so, Identify the name, ADDRESS, and telephone number of each PERSON and the statute, ordinance, or regulation that [XI 12.5 Do YOU OR ANYONE ACTING ON YOUR BEHALF was violated. know of any diagram, reproduction, or model of any place or [xi 14.2 Was any PERSON cited or charged with a violation of thing (except for items developed by expert witnesses any statute, ordinance, or regulation as a result of this covered by Code of Civil Procedure sections 2034.210- INCIDENT? If so, for each PERSON state: 2034.310) concerning the INCIDENT? If so, for each Item state: (a) the name, ADDRESS, and telephone number of the PERSON; (a) the type (i.e., diagram, reproduction, or model); (b) the statute, ordinance, or regulation allegedly violated; (b) the subject matter; and (c) whether the PERSON entered a plea in response to the (c) the name, ADDRESS, and telephone number of each citation or charge and, if so, the plea entered; and PERSON who has It. (d) the name and ADDRESS of the court or administrative [XI 12.6 Was a report made by any PERSON concerning the agency, names of the parties, and case number. INCIDENT? If so, state: 15.0 Denials and Special or Affirmative Defenses (a) the name, title, Identification number, and employer of the PERSON who made the report;