Preview
1 Raymond Ghermezian, Esq. [SBN 198777]
RAYMOND GHERMEZIAN,
2 A PROFESSIONAL LAW CORPORATION
8383 Wilshire Boulevard, Suite 1030
3 Beverly Hills, CA 90211
4 Telephone: (323) 900-5800
Facsimile: (323) 900-5801
5 Email: raymond@ghermezianlaw.com
6
Attorney for Plaintiff,
7 IRENE HELEN CURTIS
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF KERN
11
IRENE HELEN CURTIS, an individual, ) CASE NO.: BCV-23-102343-TSC
12 )
) DECLARATION OF RAYMOND
13 Plaintiff, ) GHERMEZIAN IN OPPOSITION TO
) DEFENDANT’S MOTION TO COMPEL
14 ) PLAINTIFF’S RESPONSES TO FORM
vs. ) INTERROGATORIES,(SET ONE),
15 ) SPECIAL INTERROGATORIES, (SET
) ONE), REQUESTS FOR PRODUCTION
16 CITY OF BAKERSFIELD; COUNTY OF ) OF DOCUMENTS, (SET ONE),
KERN; M-STREET NAVIGATION ) REQUEST FOR ADMISSIONS, (SET
17 CENTER dba CAPK ) ONE) AND REQUEST FOR
COMMUNICATION ACTION ) SANCTIONS
18 PARTNERSHIP OF KERN;’ STATE OF )
CALIFORNIA; and Does 1 through 100, ) Date: March, 11, 2024
19 Inclusive, ) Time: 8:30 a.m.
) Dept.: 17
20 )
Defendants. )
21 )
_______________________________ )
22
23
24 TO: ALL PARTIES HEREIN AND TO THEIR RESPECTIVE COUNSEL OF RECORD:
25 PLEASE TAKE NOTICE that plaintiff hereby files the following opposition to
26 defendant’s motion to compel:
27 //
28 //
1.
DECLARATION OF RAYMOND GHERMEZIAN IN OPPOSITION TO DEFENDANT'S
MOTION TO COMPEL
1
2 I, Raymond Ghermezian, do hereby declare as follows:
3 1. I am an attorney licensed to practice law before all of the courts of the
4 State of California. I am the attorney of record for the plaintiff in the within
5 case.
6 2. The following is true of my own personal knowledge and if called upon to
7 testify thereto I could and would do so competently.
8 3. The delay in responding to discovery propounded by defendant was due
9 to a newly hired legal assistant who did not follow through with said
10 verifications to discovery responses.
11 4. Plaintiff’s responses were completed and served upon defendant but due
12 to a newly hired legal assistant did not follow through with Plaintiff’s said
13 verifications.
14 5. It is respectfully requested that this Honorable court deny defendant’s
15 motion as said Plaintiff’s verifications and said responses to discovery has
16 been served upon defendant. (Exhibit 1 and 2)
17 6. It is respectfully requested that no monetary sanctions be awarded
18 against counsel for plaintiff with regards to these issues.
19 I declare under penalty of perjury under the laws of the State of California that
20 the foregoing is true and correct. Executed this 27 th day of February, 2024 at Beverly
21 Hills, California.
22
23
24 Raymond Ghermezian
Declarant
25
26
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2.
DECLARATION OF RAYMOND GHERMEZIAN IN OPPOSITION TO DEFENDANT'S
MOTION TO COMPEL
1
2 PROOF OF SERVICE
3
STATE OF CALIFORNIA )
4 ) ss.
COUNTY OF LOS ANGELES )
5
6 I am employed in the County of Los Angeles, State of California. I am over the
age of 18 and not a party to the within action; my business address is: 8383 Wilshire
7 Boulevard, Suite #1030, Beverly Hills, CA 90211.
8 On February 27, 2024, I served the foregoing documents described as:
DECLARATION OF RAYMOND GHERMEZIAN IN OPPOSITION TO DEFENDANT’S
9 MOTION TO COMPEL PLAINTIFF’S RESPONSES TO FORM
INTERROGATORIES,(SET ONE), SPECIAL INTERROGATORIES, (SET ONE),
10 REQUESTS FOR PRODUCTION OF DOCUMENTS, (SET ONE), REQUEST FOR
ADMISSIONS, (SET ONE) AND REQUEST FOR SANCTIONS to be sent to the
11 recipients noted on the attached service list via electronic transfer (E-mail) at the
respective Emails:
12
SEE ATTACHED SERVICE LIST
13
[ ] BY MAIL. I deposited such envelope(s) in the mail at Los Angeles,
14 CALIFORNIA. The envelopes were mailed with postage thereon fully
prepaid. I am "readily familiar" with the firm's practice of collection and
15 processing correspondence for mailing. Under that practice it would be
deposited with U.S. Postal Service on the same day in the ordinary course
16 of business. I am aware on motion of the party served, service is
presumed invalid if postal cancellation date or postage meter date is more
17 than one day after the date of deposit for mailing in affidavit.
18 [ ] BY PERSONAL SERVICE. I caused such envelope(s) to be
delivered by hand through USA Express Attorney Service to the offices of
19 the addressee(s). A Proof of Service will be generated by USA Express in
a separate cover.
20
21 [X] BY ELECTRONIC TRANSFER. I caused all of the pages of the above
entitled document to be sent to the recipients noted on the attached
22 service list via electronic transfer (E-mail) at the respective Emails:
23
Executed on February 27, 2024 at Beverly Hills, California.
24
I declare under penalty of perjury under the laws of the State of California that
25 the above is true and correct.
26
27 Declarant- Jacqueline Canas
28
3.
DECLARATION OF RAYMOND GHERMEZIAN IN OPPOSITION TO DEFENDANT'S
MOTION TO COMPEL
1 SERVICE LIST
Irene Helen Curtis v. City of Bakersfield, et. al.
2 Case No.: BCV23102343
3 William A. Bruce, Esq. (SBN 91633) Attorneys for Defendant,
CLIFFORD & BROWN CITY OF BAKERSFIELD
4 A PROFESSIONAL LAW
CORPORATION
5 ATTORNEYS AT LAW
Bank of America Building
6 1430 Truxtun Avenue, Suite 900
Bakersfield, CA 93301
7 Tel: (661) 322-6023
Fax: (661) 322-3508
8 Email: bbruce@clifford-brownlaw.com
afeltus@clifford-brownlaw.com
9
10 Margo A. Raison, County Counsel Attorney for Defendant,
Stephanie Virrey Gutcher, Deputy (SBN COUNTY OF KERN
11 277833)
Kyle W. Holmes, Deputy (SBN 288300)
12 KERN COUNTY ADMINISTRATIVE
CENTER
13 1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA 93301
14 Telephone: (661) 868-3800
Facsimile: (661) 868-3805
15 Email: sgutcher@kerncounty.com
marshallpam@kerncounty.com
16 jsnow@kerncounty.com
17
Anthony N. DeMaria (SBN 177894) Attorney for Defendant,
18 DEMARIA LAW FIRM, APC COMMUNITY ACTION PARTNERSHIP
1684 W. Shaw Avenue Suite 101 OF KERN (erroneously sued as M-
19 Fresno, CA 93711 Street Navigation Center dba CAPK
Tel: (559) 206-2410 Communication Action Partnership of
20 Fax: (559) 570-0126 Kern)
Email: ademaria@demarialawfirm.com
21 cgalarza@demarialawfirm.com
kpalazzo@demarialawfirm.com
22 msande@demarialawfirm.com
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4.
DECLARATION OF RAYMOND GHERMEZIAN IN OPPOSITION TO DEFENDANT'S
MOTION TO COMPEL
Exhibit 1
jackie ghermezianlaw.com
From: Ryan Berry
Sent: Thursday, November 30, 2023 4:57 PM
To: Bill Bruce; TyReana Jones
Cc: Stephanie Gutcher; Pamela J. Marshall; Jerilyn M. Snow; kholmes@kerncounty.com; Anthony
DeMaria; Christopher Galarza; Karlyn Palazzo; Missie Sande; maria ghermezianlaw.com; raymond
ghermezianlaw.com; jackie ghermezianlaw.com
Subject: Irene Helen Curtis v. City of Bakersfield, et. al.
Attachments: FROGS.pdf; PLAINTIFFS RESPONSE TO SPECIAL INTERROGATORIES.pdf; Production of
Documents.pdf; Request for Admissions.pdf
Hello,
Attached are the following discovery documents:
Plaintiff’s response to Form Interrogatories
Plaintiff’s response to Special Interrogatories
Plaintiff’s response to Request for Production of Documents
Plaintiff’s response to Request for Admissions
If you have any questions, please feel free to contact me.
Thank you,
Ryan Berry
Legal Assistant
RAYMOND GHERMEZIAN,
A PROFESSIONAL LAW CORPORATION
8383 Wilshire Boulevard Suite 1030
Beverly Hills, CA 90211
(323) 900‐5800
rberry@ghermezianlaw.com
1
1 Raymond Ghermezian
A PROFESSIONAL LAW CORPORATION
2 8383 Wilshire Blvd. Suite 1030
Beverly Hills, CA 90211
3 Tel: (323) 900-5800
Fax: (323) 900-5801
4 Email: raymond@ghermezianlaw.com
5
Attorney for Plaintiff,
6 IRENE HELEN CURTIS
7
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF KERN
11
12 IRENE HELEN CURTIS, an individual, ) CASE NO.: BCV-23-102343-TSC
)
13 Plaintiffs, )
)P L A I N T I F F ’ S RESPONSE TO
14 v. )D E F E N D A N T ’ S F O R M
) INTERROGATORIES, (SET ONE)
15 CITY OF BAKERSFIELD; COUNTY OF)
KERN; M-STREET NAVIGATION CENTER)
16 dba CAPK COMMUNICATION ACTION)
PARTNERSHIP OF KERN; STATE OF)
17 CALIFORNIA; and DOES 1 through 100, )
inclusive, )
18
Defendant,
19
20
21 PROPOUNDING PARTY: Defendant, CITY OF BAKERSFIELD
22 RESPONDING PARTY: Plaintiff, IRENE HELEN CURTIS
23 SET: ONE
24
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1
2 PRELIMINARY STATEMENT
3 Plaintiff makes the following responses subject to all pertinent objections regarding
4 the admissibility and relevancy that may be interposed at trial.
5 Plaintiff has not completed his investigation of the facts relating to this case, has
6 not initiated his discovery, and has not completed his preparation for trial, and the
7 responses given herein are without prejudice to the right of Plaintiff to rely on subsequently
8 discovered evidence and expert testimony.
9 All of the responses contained herein are based solely upon information and
10 documents which are presently available and specifically known to Plaintiff. To Respondent
11 and its attorney of record, Plaintiff, IRENE HELEN CURTIS, responds as follows:
12
13 1.1 Raymond Ghermezian, A Professional Law Corporation, 8383 Wilshire Blvd. Suite
14 1030, Beverly Hills, CA 90211. (323) 900-5800. Attorney of record.
15 2.1 a) Irene Helen Curtis
16 b) Irene Helen Curtis
17 c) Plaintiff has conducted diligent search and at this time does not have the
18 requested information in her possession, custody, and/or control. Plaintiff is
19 in the process of attaining requested information. Discovery and investigation
20 continuing. Plaintiff reserves the right to amend and/or supplement this
21 response.
22 2.2 08/16/1959
23 2.3 Plaintiff has conducted diligent search and at this time does not have the requested
24 information in her possession, custody, and/or control. Plaintiff is in the process of
25 attaining requested information. Discovery and investigation continuing. Plaintiff
26 reserves the right to amend and/or supplement this response.
27 2.4 No. Discovery and investigation continuing. Plaintiff reserves the right to amend
28 and/or supplement this response.
2.
PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE
1 2.5 a) 5201 Laguna Street, Bakersfield, CA 93306
2 b) Plaintiff has conducted diligent search and at this time does not have the
3 requested information in her possession, custody, and/or control. Plaintiff is
4 in the process of attaining requested information. Discovery and investigation
5 continuing. Plaintiff reserves the right to amend and/or supplement this
6 response.
7 2.6 Plaintiff is currently disabled and not working.
8 2.7 Plaintiff has conducted diligent search and at this time does not have the requested
9 information in her possession, custody, and/or control. Plaintiff is in the process of
10 attaining requested information. Discovery and investigation continuing. Plaintiff
11 reserves the right to amend and/or supplement this response.
12 2.8 Plaintiff has conducted diligent search and at this time does not have the requested
13 information in her possession, custody, and/or control. Plaintiff is in the process of
14 attaining requested information. Discovery and investigation continuing. Plaintiff
15 reserves the right to amend and/or supplement this response.
16 2.9 Yes.
17 2.10 Yes.
18 2.11 No.
19 2.12 No.
20 2.13 Plaintiff has conducted diligent search and at this time does not have the requested
21 information in her possession, custody, and/or control. Plaintiff is in the process of
22 attaining requested information. Discovery and investigation continuing. Plaintiff
23 reserves the right to amend and/or supplement this response.
24 4.1 Yes
25 a) Health Insurance
26 b) 1. Department of Health Care Services, P.O. Box 997425 MS 4720,
27 Sacramento, CA 95899
28 2. Medicare, P.O. Box 138832, Oklahoma City, OK 73113
3.
PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE
1 c) 1-2. Plaintiff, Irene Helen Curtis, 5201 Laguna Street, Bakersfield, CA
2 93306. (661) 862-2479.
3 d) 1. 92175994A28005
4 2. 5U34-VG0-UM71
5 e) 1-2. Health Insurance
6 f) 1-2. Unknown to Plaintiff at this time. Discovery and investigation
7 continuing. Plaintiff reserves the right to amend and/or supplement
8 this response.
9 g) 1. Department of Health Care Services, P.O. Box 997425 MS 4720,
10 Sacramento, CA 95899. (916) 445-9891.
11 2. Medicare, P.O. Box 138832, Oklahoma City, OK 73113. (405) 869-
12 3309.
13 4.2 No.
14 6.1 Yes.
15 6.2 As a result of propounding party’s negligence plaintiff suffered severe and
16 permanent injuries to her right hip, right thigh and right knee. Discovery and
17 investigation continue. Plaintiff reserves the right to amend and/or supplement this
18 response.
19 6.3 Yes
20 a) 1. Right hip. Discovery and investigation continue. Plaintiff reserves the
21 right to amend and/or supplement this response.
22 2. Right thigh. Discovery and investigation continuing. Plaintiff reserves
23 the right to amend and/or supplement this response.
24 3. Right knee. Discovery and investigation continue. Plaintiff reserves
25 the right to amend and/or supplement this response.
26 b) 1-3. Subsiding slowly over time. Discovery and investigation continuing.
27 Plaintiff reserves the right to amend and/or supplement this response.
28 c) 1-3. Varies depending on the activity level. Discovery and investigation
4.
PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE
1 continuing. Plaintiff reserves the right to amend and/or supplement
2 this response.
3 6.4 Yes
4 a) 1. Bakersfield Memorial Hospital 420 34th Street Bakersfield, CA 93301.
5 (661) 327-4647
6 2. Core Chiropractic & Wellness 9730 Brimhall Road Suite 3,
7 Bakersfield, CA 93312. (661) 410-9355.
8 3. Regenerative Spine, Pain & Neuropathy Centers 3550 Q Street Suite
9 103, Bakersfield, CA 93301. (805) 702-3875
10 b). 1-3. Examination/treatment
11 c). 1. 11/08/2022, 11/09/2022
12 2. 04/17/2023, 04/19/2023,05/02/2023, 05/11/2023, 05/16/2023,
13 05/18/2023, 05/22/2023, 05/30/2023, 06/08/2023, 06/13/2023,
14 06/15/2023, 06/20/2023, 06/22/2023, 06/29/2023, 07/06/2023,
15 07/11/2023, 07/13/2023
16 3. 03/14/2023
17 d). 1. $34,339.00. Discovery and investigation continuing. Plaintiff reserves
18 the right to amend and/or supplement this response.
19 2. $3,020.00. Discovery and investigation continuing. Plaintiff reserves
20 the right to amend and/or supplement this response.
21 3. $825.00. Discovery and investigation continue. Plaintiff reserves the
22 right to amend and/or supplement this response.
23 6.5 Yes
24 a) 1. Metformin
25 2. Acetaminophen
26 b) 1. Bakersfield Memorial Hospital
27 2. Over the counter
28 c) 1. 11/08/2022
5.
PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE
1 2. Over the counter
2 d) 1-2. Plaintiff has conducted diligent search and at this time does not have
3 the requested information in her possession, custody, and/or control.
4 Plaintiff is in the process of attaining requested information. Discovery
5 and investigation continuing. Plaintiff reserves the right to amend
6 and/or supplement this response.
7 e) 1-2. Plaintiff has conducted diligent search and at this time does not have
8 the requested information in her possession, custody, and/or control.
9 Plaintiff is in the process of attaining requested information. Discovery
10 and investigation continuing. Plaintiff reserves the right to amend
11 and/or supplement this response.
12 6.6 Yes
13 a) Ambulance
14 b) 11/08/2022
15 c) Plaintiff has conducted diligent search and at this time does not have the
16 requested information in her possession, custody, and/or control. Plaintiff is
17 in the process of attaining requested information. Discovery and investigation
18 continuing. Plaintiff reserves the right to amend and/or supplement this
19 response.
20 d) Hall Ambulance Service, 1001 21st Street, Bakersfield, CA 93301. (661) 322-
21 8741.
22 6.7 Plaintiff has conducted diligent search and at this time does not have the requested
23 information in her possession, custody, and/or control. Plaintiff is in the process of
24 attaining requested information. Discovery and investigation continuing. Plaintiff
25 reserves the right to amend and/or supplement this response.
26 8.1 Plaintiff is not making a claim for loss of earnings at this time therefore not
27 applicable. Discovery and investigation continuing. Plaintiff reserves the right to
28 amend and/or supplement this response.
6.
PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE
1 9.1 No.
2 9.2 Not applicable.
3 10.1 Plaintiff has conducted diligent search and at this time does not have the requested
4 information in her possession, custody, and/or control. Plaintiff is in the process of
5 attaining requested information. Discovery and investigation continuing. Plaintiff
6 reserves the right to amend and/or supplement this response.
7 10.2 Plaintiff has conducted diligent search and at this time does not have the requested
8 information in her possession, custody, and/or control. Plaintiff is in the process of
9 attaining requested information. Discovery and investigation continuing. Plaintiff
10 reserves the right to amend and/or supplement this response.
11 10.3 Plaintiff has conducted diligent search and at this time does not have the requested
12 information in her possession, custody, and/or control. Plaintiff is in the process of
13 attaining requested information. Discovery and investigation continuing. Plaintiff
14 reserves the right to amend and/or supplement this response.
15 11.1 Plaintiff has conducted diligent search and at this time does not have the requested
16 information in her possession, custody, and/or control. Plaintiff is in the process of
17 attaining requested information. Discovery and investigation continuing. Plaintiff
18 reserves the right to amend and/or supplement this response.
19 11.2 No.
20 12.1 a) Plaintiff, Plaintiff’s treating doctors, Dr. Fakhruddin Hasta, Dr. Christopher
21 Berry, Dr. Francis Lagattuta, Defendant and Defendant’s employees who
22 have yet to be identified or deposed. Discovery and investigation continuing.
23 Plaintiff reserves the right to supplement and/or amend this response.
24 b). Plaintiff, Plaintiff’s treating doctors, Dr. Fakhruddin Hasta, Dr. Christopher
25 Berry, Dr. Francis Lagattuta, Defendant and Defendant’s employees who
26 have yet to be identified or deposed. Discovery and investigation continuing.
27 Plaintiff reserves the right to supplement and/or amend this response.
28 c). Plaintiff, Plaintiff’s treating doctors, Dr. Fakhruddin Hasta, Dr. Christopher
7.
PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE
1 Berry, Dr. Francis Lagattuta, Defendant and Defendant’s employees who
2 have yet to be identified or deposed. Discovery and investigation continuing.
3 Plaintiff reserves the right to supplement and/or amend this response.
4 d). Plaintiff, Plaintiff’s treating doctors, Dr. Fakhruddin Hasta, Dr. Christopher
5 Berry, Dr. Francis Lagattuta, Plaintiff’s attorney, Raymond Ghermezian 8383
6 Wilshire Boulevard Suite 1030 Beverly Hills, CA 90211. (323) 900-5800,
7 Defendant and Defendant’s employees who have yet to be identified or
8 deposed. Discovery and investigation continuing. Plaintiff reserves the right
9 to supplement and/or amend this response.
10 12.2 Objection: Attorney/Client and work Product privileges. Nacht & Lewis Architects,
11 Inc. v.s. Superior Court, (1996) 74 Cal. App. 4th 214, 54 Cal. Rptr. 2d 575. Plaintiff
12 has not interviewed any individual concerning the subject incident. Without waiving
13 the preceding, Plaintiff responds as follows: No one acting on behalf of Plaintiff has
14 interviewed any individual concerning the subject incident at this time. Discovery
15 and investigation continuing. Plaintiff reserves the right to supplement and/or amend
16 this response.
17 12.3 Objection: Attorney/Client and work Product privileges. Nacht & Lewis Architects,
18 Inc. v.s. Superior Court, (1996) 74 Cal. App. 4th 214, 54 Cal. Rptr. 2d 575. Plaintiff
19 has not obtained a written or recorded statement from anyone concerning the
20 subject incident. Without waiving the preceding, Plaintiff responds as follows: No
21 one acting on behalf of Plaintiff has obtained a written or recorded statement from
22 any individual concerning the subject incident at this time. Discovery and
23 investigation continuing. Plaintiff reserves the right to supplement and/or amend this
24 response.
25 12.4 Yes.
26 a) Twelve (12) colored photographs.
27 b) Plaintiff and plaintiff’s scene of incident.
28 c) Plaintiff has conducted diligent search and at this time does not have the
8.
PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE
1 requested information in her possession, custody, and/or control. Plaintiff is
2 in the process of attaining requested information. Discovery and investigation
3 continuing. Plaintiff reserves the right to amend and/or supplement this
4 response.
5 d) Plaintiff has conducted diligent search and at this time does not have the
6 requested information in her possession, custody, and/or control. Plaintiff is
7 in the process of attaining requested information. Discovery and investigation
8 continuing. Plaintiff reserves the right to amend and/or supplement this
9 response.
10 e) Plaintiff, Irene Helen Curtis and Plaintiff’s attorney, Raymond Ghermezian
11 8383 Wilshire Boulevard Suite 1030, Beverly Hills, CA. 90211.
12 12.5 Plaintiff is unaware of any diagram, reproduction, or model of any place or
13 thing concerning the incident at this time. Discovery and investigation
14 continuing. Plaintiff reserves the right to supplement and/or amend this
15 response.
16 12.6 Plaintiff is unaware of any report made concerning the incident. Discovery
17 and investigation continuing. Plaintiff reserves the right to amend and/or
18 supplement this response.
19 12.7 Not at this time. Discovery and investigation continuing. Plaintiff reserves the
20 right to supplement and/or amend this response.
21 13.1 Not at this time. Discovery and investigation continuing. Plaintiff reserves the
22 right to supplement and/or amend this response.
23 13.2 Not at this time. Discovery and investigation continuing. Plaintiff reserves the
24 right to supplement and/or amend this response.
25 14.1 Calls for expert opinion. Discovery and investigation continuing. Plaintiff
26 reserves the right to supplement and/or amend this response.
27 14.2 Unknown at this time. Discovery and investigation continuing. Plaintiff
28 reserves the right to supplement and/or amend this response.
9.
PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE
1 17.1 a) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 19, 22, 23
2 b) On or about November 4th , 2022, Plaintiff was lawfully walking on
3 defendant’s property, when she suddenly tripped on an uneven and slippery
4 surface. Defendant and its employees allowed the uneven and slippery
5 surface to remain on the walkway where Plaintiff was exiting the facility
6 thereby causing the plaintiff to trip and fall and sustain severe and
7 permanent injuries. The presence of the dangerous uneven and slippery
8 floor surface was known to defendant and had existed for such time that it
9 was the duty of defendant, by the exercise of reasonable care, to have
10 known of such defects and removed it in order to prevent any slip and falls.
11 As a result of Defendant’s negligence, Plaintiff sustained severe and
12 permanent injuries. Discovery and investigation continue. Plaintiff reserves
13 the right to supplement and/or amend this response.
14 c) 1. Plaintiff, Irene Helen Curtis.
15 2. Plaintiff’s treating doctors.
16 3. Defendant’s and defendant’s employees.
17 d) Plaintiff’s medical records and photographs. Defendant’s maintenance
18 reports, inspection and repair records. Plaintiff, Irene Helen Curtis and
19 Plaintiff’s attorney, Raymond Ghermezian, 8383 Wilshire Boulevard, Suite
20 1030, Beverly Hills, CA 90211. Defendant and defendant’s employees.
21 a) 17, 20, 21
22 b) Pursuant to CCP § 2033.220(c) Plaintiff has conducted a diligent search and
23 cannot admit or deny the matters set forth in this request because plaintiff
24 does not at this time have knowledge of these matters, and despite
25 reasonable inquiry into the matter by reviewing all of the records and
26 information available to plaintiff. Plaintiff can neither admit or deny this
27 request. Discovery and investigation continue.
28 c) Pursuant to CCP § 2033.220(c) Plaintiff has conducted a diligent search and
10.
PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE
1 cannot admit or deny the matters set forth in this request because plaintiff
2 does not at this time have knowledge of these matters, and despite
3 reasonable inquiry into the matter by reviewing all of the records and
4 information available to plaintiff. Plaintiff can neither admit or deny this
5 request. Discovery and investigation continue.
6 d) Pursuant to CCP § 2033.220(c) Plaintiff has conducted a diligent search and
7 cannot admit or deny the matters set forth in this request because plaintiff
8 does not at this time have knowledge of these matters, and despite
9 reasonable inquiry into the matter by reviewing all of the records and
10 information available to plaintiff. Plaintiff can neither admit or deny this
11 request. Discovery and investigation continue.
12
13 DATED: November 30th, 2023 RAYMOND GHERMEZIAN
A PROFESSIONAL LAW CORPORATION
14
By: ____________________________
15 Raymond Ghermezian, Esq.
Attorney for Plaintiff
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11.
PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE
1
PROOF OF SERVICE
2
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
3
I am employed in the County of Los Angeles, State of California. I am over the age
4 of 18 and not a party to the within action; my business address is 8383 Wilshire Blvd. Suite
1030, Beverly Hills, CA. 90211.
5
On November 30th, 2023, I served the forgoing document described as:
6 PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, (SET ONE)
on the interested parties in this action by placing the true copy thereof enclosed in a sealed
7 envelope addressed as follows:
8 SEE ATTACHED SERVICE LIST
9 [X] (BY ELECTRONIC TRANSFER)
10 [ ] I deposited such envelope in the mail at Beverly Hills, California. The
envelope was mailed thereon with postage thereon fully prepaid.
11
[ ] As follows: I am “readily familiar” with the firm’s practice of collection and
12 processing correspondence for mailing. Under that practice it would be
deposited with the U.S. postal service on that same day with postage
13 thereon fully prepaid at Beverly Hills, and the ordinary course of service is
presumed invalid if the postal cancellation date os postage meter date is
14 more than one day after date of deposit for mailing in affidavit.
15 [ ] (BY PERSONAL SERVICE) I caused to be delivered such envelope by hand
to the offices of the addressee.
16
[ ] (VIA FACSIMILE) By faxing the entire document listed to:
17
[X ] (STATE) I declare under penalty of perjury under the laws of the State of
18 California that the above is true and correct.
19 [ ] (FEDERAL) I declare that I am employed in the office of a member of the bar
of this court at whose direction the service was made.
20
Executed on November 30th, 2023 at Beverly Hills, California.
21
22
_____________________
23 Declarant - Ryan Berry
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12.
PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE
1 SERVICE LIST
Irene Helen Curtis v. City of Bakersfield, et. al.
2 Case No.: BCV23102343
3 Margo A. Raison, County Counsel Attorney for Defendant,
Stephanie Virrey Gutcher, Deputy (SBN COUNTY OF KERN
4 277833)
Kyle W. Holmes, Deputy (SBN 288300)
5 KERN COUNTY ADMINISTRATIVE
CENTER
6 1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA 93301
7 Telephone: (661) 868-3800
Facsimile: (661) 868-3805
8 Email: sgutcher@kerncounty.com
marshallpam@kerncounty.com
9 jsnow@kerncounty.com
10
Anthony N. DeMaria (SBN 177894) Attorney for Defendant,
11 DEMARIA LAW FIRM, APC COMMUNITY ACTION PARTNERSHIP
1684 W. Shaw Avenue Suite 101 OF KERN (erroneously sued as M-
12 Fresno, CA 93711 Street Navigation Center dba CAPK
Tel: (559) 206-2410 Communication Action Partnership of
13 Fax: (559) 570-0126 Kern)
Email: ademaria@demarialawfirm.com
14 cgalarza@demarialawfirm.com
kpalazzo@demarialawfirm.com
15 msande@demarialawfirm.com
16
William A. Bruce, Esq. (SBN 91633) Attorneys for Defendant,
17 CLIFFORD & BROWN CITY OF BAKERSFIELD
A PROFESSIONAL LAW
18 CORPORATION
ATTORNEYS AT LAW
19 Bank of America Building
1430 Truxtun Avenue, Suite 900
20 Bakersfield, CA 93301
Tel: (661) 322-6023
21 Fax: (661) 322-3508
Email: bbruce@clifford-brownlaw.com
22 tmjones@clifford-brownlaw.com
23
24
25
26
27
28
13.
PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE
1 Raymond Ghermezian, Esq.
A PROFESSIONAL LAW CORPORATION
2 8383 Wilshire Boulevard Suite 1030
Beverly Hills, CA 90211
3 Tel: (323) 900-5800
Fax: (323) 900-5801
4 Email: raymond@ghermezianlaw.com
5
Attorney for Plaintiff,
6 IRENE HELEN CURTIS
7
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
COUNTY OF KERN
10
11
IRENE HELEN CURTIS, an individual, ) Case No.: BCV-23-102343-TSC
12 )
)P L A I N T I F F ’ S R E S P O N S E S T O
13 Plaintiff, )D E F E N D A N T ’ S SPECIAL
) INTERROGATORIES (SET ONE)
14 vs. )
)
15 )
CITY OF BAKERSFIELD; COUNTY OF)
16 KERN; M-STREET NAVIGATION CENTER)
dba CAPK COMMUNICATION ACTION)
17 PARTNERSHIP OF KERN; STATE OF)
CALIFORNIA; and DOES 1 through 100,)
18 inclusive,
19 Defendants.
20
21 PROPOUNDING PARTY: Defendant, CITY OF BAKERSFIELD
22 RESPONDING PARTY: Plaintiff, IRENE HELEN CURTIS
23 SET: ONE
24
25 COMES NOW, Plaintiff, IRENE HELEN CURTIS, and responds to Defendant,
26 Special Interrogatories, Set No. One, pursuant to the provisions of Section 2030 of the
27 California Code of Civil Procedure as follows:
28
1
PLAINTIFF’S RESPONSES TO DEFENDANT’S SPECIAL INTERROGATORIES (SET ONE)
1 INTRODUCTION
2 It should be noted that responding party has not fully completed an investigation of
3 the facts relating to this case, has not fully completed discovery in this action, and has not
4 completed preparation for trial. All responses contained herein are based only upon such
5 information and documentation as are presently available and specifically known to
6 responding party, and disclose only those contentions, facts and documentation which
7 presently are available to and occur to responding party. It is anticipated that further
8 discovery, independent investigation, legal research, and analysis will supply additional
9 facts, locate new documents, add meaning to the known facts, as well as establish entirely
10 new factual conclusions and legal contentions, all of which may lead to substantial
11 additions to, changes in, and variations from the responses herein set forth.
12 The following responses are given without prejudice to responding party's right to
13 produce documentation and evidence of any fact or facts which responding party may
14 subsequently recall or discover. No responses contained herein shall be construed to be
15 admissions of fact or law. Respondent, therefore, accordingly reserves the right to change
16 any and all responses and/or production of documents or tangible things as additional facts
17 are ascertained, analysis are made, documents are discovered, legal research is
18 completed, and contentions are made. The responses contained herein are made in a
19 good faith effort to supply as much documentation, factual information and as much
20 specification of legal contentions as is presently known, but it should in no way be to the
21 prejudice of responding party in relation to further discovery, research, or analysis.
22 INCORPORATED OBJECTIONS
23 Where the term "NRC" is utilized, that abbreviation shall incorporate the following
24 objection:
25 "This request is objected to as being vague and ambiguous, overly broad,
26 burdensome and oppressive, not reasonably calculated to lead to the discovery of
27 admissible evidence, irrelevant to the subject matter of the action, calls for information that
28 is irrelevant to the subject matter of the action as well as potentially relevant information,
2
PLAINTIFF’S RESPONSES TO DEFENDANT’S SPECIAL INTERROGATORIES (SET ONE)
1 is shotgun in nature, violates the attorney/client and work-product privileges, calls for
2 opinion and conclusion without foundation, and speculation."
3 Wherever the term "NRC" in the foregoing responses, that complete objection will
4 be incorporated therein by reference.
5 RESPONSES
6
7 Response to Special Interrogatory No. 1:
8 On or about November 4th, 2022, Plaintiff was lawfully walking on defendant’s property,
9 when she suddenly tripped on an uneven and slippery surface. Defendant and its
10 employees allowed the uneven and slippery surface to remain on the walkway where
11 Plaintiff was exiting the facility thereby causing the plaintiff to trip and fall and sustain
12 severe and permanent injuries. The presence of the dangerous uneven and slippery floor
13 surface was known to defendant and had existed for such time that it was the duty of
14 defendant, by the exercise of reasonable care, to have known of such defects and
15 removed it in order to prevent any slip and falls. As a result of Defendant’s negligence,
16 Plaintiff sustained severe and permanent injuries. Discovery and investigation continue.
17 Plaintiff reserves the right to supplement and/or amend this response.
18 Response to Special Interrogatory No. 2:
19 Plaintiff identifies her medical records. Plaintiff also identifies defendant's documents
20 (surveillance video, incident report, maintenance reports, inspection and repair records,
21 photos) which has yet to be produced in response to plaintiff's demand for documents.
22 Discovery and investigation continuing. Plaintiff reserves the right to amend and/or
23 supplement this response.
24 Response to Special Interrogatory No. 3:
25 On or about November 4th, 2022, Plaintiff was lawfully walking on defendant’s property,
26 when she suddenly tripped on an uneven and slippery surface. Defendant and its
27 employees allowed the uneven and slippery surface to remain on the walkway where
28 Plaintiff was exiting the facility thereby causing the plaintiff to trip and fall and sustain
3
PLAINTIFF’S RESPONSES TO DEFENDANT’S SPECIAL INTERROGATORIES (SET ONE)
1 severe and permanent injuries. The presence of the dangerous uneven and slippery floor
2 surface was known to defendant and had existed for such time that it was the duty of
3 defendant, by the exercise of reasonable care, to have known of such defects and
4 removed it in order to prevent any slip and falls. As a result of Defendant’s negligence,
5 Plaintiff sustained severe and permanent injuries. Discovery and investigation continue.
6 Plaintiff reserves the right to supplement and/or amend this response.
7 Response to Special Interrogatory No. 4:
8 Plaintiff identifies her medical records. Plaintiff also identifies defendant's documents
9 (surveillance video, incident report, maintenance reports, inspection and repair records,
10 photos) which has yet to be produced in response to plaintiff's demand for documents.
11 Discovery and investigation continuing. Plaintiff reserves the right to amend and/or
12 supplement this response.
13 Response to Special Interrogatory No. 5:
14 On or about November 4th, 2022, Plaintiff was lawfully walking on defendant’s property,
15 when she suddenly tripped on an uneven and slippery surface. Defendant and its
16 employees allowed the uneven and slippery surface to remain on the walkway where
17 Plaintiff was exiting the facility thereby causing the plaintiff to trip and fall and sustain
18 severe and permanent injuries. The presence of the dangerous uneven and slippery floor
19 surface was known to defendant and had existed for such time that it was the duty of
20 defendant, by the exercise of reasonable care, to have known of such defects and
21 removed it in order to prevent any slip and falls. As a result of Defendant’s negligence,
22 Plaintiff sustained severe and permanent injuries. Discovery and investigation continue.
23 Plaintiff reserves the right to supplement and/or amend this response.
24 Response to Special Interrogatory No. 6:
25 Plaintiff identifies her medical records. Plaintiff also identifies defendant's documents
26 (surveillance video, incident report, maintenance reports, inspection and repair records,
27 photos) which has yet to be produced in response to plaintiff's demand for documents.
28 Discovery and investigation continuing. Plaintiff reserves the right to amend and/or
4
PLAINTIFF’S RESPONSES TO DEFENDANT’S SPECIAL INTERROGATORIES (SET ONE)
1 supplement this response.
2 Response to Special Interrogatory No. 7:
3 On or about November 4th, 2022, Plaintiff was lawfully walking on defendant’s property,
4 when she suddenly tripped on an uneven and slippery surface. Defendant and its
5 employees allowed the uneven and slippery surface to remain on the walkway where
6 Plaintiff was exiting the facility thereby causing the plaintiff to trip and fall and sustain
7 severe and permanent injuries. The presence of the dangerous uneven and slippery floor
8 surface was known to defendant and had existed for such time that it was the duty of
9 defendant, by the exercise of reasonable care, to have known of such defects and
10 removed it in order to prevent any slip and falls. As a result of Defendant’s negligence,
11 Plaintiff sustained severe and permanent injuries. Discovery and investigation continue.
12 Plaintiff reserves the right to supplement and/or amend this response.
13 Response to Special Interrogatory No. 8:
14 Plaintiff identifies her medical records. Plaintiff also identifies defendant's documents
15 (surveillance video, incident report, maintenance reports, inspection and repair records,
16 photos) which has yet to be produced in response to plaintiff's demand for documents.
17 Discovery and investigation continuing. Plaintiff reserves the right to amend and/or
18 supplement this response.
19 Response to Special Interrogatory No. 9:
20 Plaintiff identifies her medical records. Plaintiff also identifies defendant's documents
21 (surveillance video, incident report, maintenance reports, inspection and repair records,
22 photos) which has yet to be produced in response to plaintiff's demand for documents.
23 Discovery and investigation continuing. Plaintiff reserves the right to amend and/or
24 supplement this response.
25 Response to Special Interrogatory No. 10:
26 On or about November 4th, 2022, Plaintiff was lawfully walking on defendant’s property,
27 when she suddenly tripped on an uneven and slippery surface. Defendant and its
28 employees allowed the uneven and slippery surface to remain on the walkway where
5
PLAINTIFF’S RESPONSES TO DEFENDANT’S SPECIAL INTERROGATORIES (SET ONE)
1 Plaintiff was exiting the facility thereby causing the plaintiff to trip and fall and sustain
2 severe and permanent injuries. The presence of the dangerous uneven and slippery floor
3 surface was known to defendant and had existed for such time that it was the duty of
4 defendant, by the exercise of reasonable care, to have known of such defects and
5 removed it in order to prevent any slip and falls. As a result of Defendant’s negligence,
6 Plaintiff sustained severe and permanent injuries. Discovery and investigation continue.
7 Plaintiff reserves the right to supplement and/or amend this response.
8 Response to Special Interrogatory No. 11:
9 Plaintiff identifies her medical records. Plaintiff also identifies defendant's documents
10 (surveillance video, incident report, maintenance reports, inspection and repair records,
11 photos) which has yet to be produced in response to plaintiff's demand for documents.
12 Discovery and investigation continuing. Plaintiff reserves the right to amend and/or
13 supplement this response.
14 Response to Special Interrogatory No. 12:
15 On or about November 4th, 2022, Plaintiff was lawfully walking on defendant’s property,
16 when she suddenly tripped on an uneven and slippery surface. Defendant and its
17 employees allowed the uneven and slippery surface to remain on the walkway where
18 Plaintiff was exiting the facility thereby causing the plaintiff to trip and fall and sustain
19 severe and permanent injuries. The presence of the dangerous uneven and slippery floor
20 surface was known to defendant and had existed for such time that it was the duty of
21 defendant, by the exercise of reasonable care, to have known of such defects and
22 removed it in order to prevent any slip and falls. As a result of Defendant’s negligence,
23 Plaintiff sustained severe and permanent injuries.
Preview
1 Raymond Ghermezian, Esq. [SBN 198777] RAYMOND GHERMEZIAN, 2 A PROFESSIONAL LAW CORPORATION 8383 Wilshire Boulevard, Suite 1030 3 Beverly Hills, CA 90211 4 Telephone: (323) 900-5800 Facsimile: (323) 900-5801 5 Email: raymond@ghermezianlaw.com 6 Attorney for Plaintiff, 7 IRENE HELEN CURTIS 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF KERN 11 IRENE HELEN CURTIS, an individual, ) CASE NO.: BCV-23-102343-TSC 12 ) ) DECLARATION OF RAYMOND 13 Plaintiff, ) GHERMEZIAN IN OPPOSITION TO ) DEFENDANT’S MOTION TO COMPEL 14 ) PLAINTIFF’S RESPONSES TO FORM vs. ) INTERROGATORIES,(SET ONE), 15 ) SPECIAL INTERROGATORIES, (SET ) ONE), REQUESTS FOR PRODUCTION 16 CITY OF BAKERSFIELD; COUNTY OF ) OF DOCUMENTS, (SET ONE), KERN; M-STREET NAVIGATION ) REQUEST FOR ADMISSIONS, (SET 17 CENTER dba CAPK ) ONE) AND REQUEST FOR COMMUNICATION ACTION ) SANCTIONS 18 PARTNERSHIP OF KERN;’ STATE OF ) CALIFORNIA; and Does 1 through 100, ) Date: March, 11, 2024 19 Inclusive, ) Time: 8:30 a.m. ) Dept.: 17 20 ) Defendants. ) 21 ) _______________________________ ) 22 23 24 TO: ALL PARTIES HEREIN AND TO THEIR RESPECTIVE COUNSEL OF RECORD: 25 PLEASE TAKE NOTICE that plaintiff hereby files the following opposition to 26 defendant’s motion to compel: 27 // 28 // 1. DECLARATION OF RAYMOND GHERMEZIAN IN OPPOSITION TO DEFENDANT'S MOTION TO COMPEL 1 2 I, Raymond Ghermezian, do hereby declare as follows: 3 1. I am an attorney licensed to practice law before all of the courts of the 4 State of California. I am the attorney of record for the plaintiff in the within 5 case. 6 2. The following is true of my own personal knowledge and if called upon to 7 testify thereto I could and would do so competently. 8 3. The delay in responding to discovery propounded by defendant was due 9 to a newly hired legal assistant who did not follow through with said 10 verifications to discovery responses. 11 4. Plaintiff’s responses were completed and served upon defendant but due 12 to a newly hired legal assistant did not follow through with Plaintiff’s said 13 verifications. 14 5. It is respectfully requested that this Honorable court deny defendant’s 15 motion as said Plaintiff’s verifications and said responses to discovery has 16 been served upon defendant. (Exhibit 1 and 2) 17 6. It is respectfully requested that no monetary sanctions be awarded 18 against counsel for plaintiff with regards to these issues. 19 I declare under penalty of perjury under the laws of the State of California that 20 the foregoing is true and correct. Executed this 27 th day of February, 2024 at Beverly 21 Hills, California. 22 23 24 Raymond Ghermezian Declarant 25 26 27 28 2. DECLARATION OF RAYMOND GHERMEZIAN IN OPPOSITION TO DEFENDANT'S MOTION TO COMPEL 1 2 PROOF OF SERVICE 3 STATE OF CALIFORNIA ) 4 ) ss. COUNTY OF LOS ANGELES ) 5 6 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is: 8383 Wilshire 7 Boulevard, Suite #1030, Beverly Hills, CA 90211. 8 On February 27, 2024, I served the foregoing documents described as: DECLARATION OF RAYMOND GHERMEZIAN IN OPPOSITION TO DEFENDANT’S 9 MOTION TO COMPEL PLAINTIFF’S RESPONSES TO FORM INTERROGATORIES,(SET ONE), SPECIAL INTERROGATORIES, (SET ONE), 10 REQUESTS FOR PRODUCTION OF DOCUMENTS, (SET ONE), REQUEST FOR ADMISSIONS, (SET ONE) AND REQUEST FOR SANCTIONS to be sent to the 11 recipients noted on the attached service list via electronic transfer (E-mail) at the respective Emails: 12 SEE ATTACHED SERVICE LIST 13 [ ] BY MAIL. I deposited such envelope(s) in the mail at Los Angeles, 14 CALIFORNIA. The envelopes were mailed with postage thereon fully prepaid. I am "readily familiar" with the firm's practice of collection and 15 processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on the same day in the ordinary course 16 of business. I am aware on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more 17 than one day after the date of deposit for mailing in affidavit. 18 [ ] BY PERSONAL SERVICE. I caused such envelope(s) to be delivered by hand through USA Express Attorney Service to the offices of 19 the addressee(s). A Proof of Service will be generated by USA Express in a separate cover. 20 21 [X] BY ELECTRONIC TRANSFER. I caused all of the pages of the above entitled document to be sent to the recipients noted on the attached 22 service list via electronic transfer (E-mail) at the respective Emails: 23 Executed on February 27, 2024 at Beverly Hills, California. 24 I declare under penalty of perjury under the laws of the State of California that 25 the above is true and correct. 26 27 Declarant- Jacqueline Canas 28 3. DECLARATION OF RAYMOND GHERMEZIAN IN OPPOSITION TO DEFENDANT'S MOTION TO COMPEL 1 SERVICE LIST Irene Helen Curtis v. City of Bakersfield, et. al. 2 Case No.: BCV23102343 3 William A. Bruce, Esq. (SBN 91633) Attorneys for Defendant, CLIFFORD & BROWN CITY OF BAKERSFIELD 4 A PROFESSIONAL LAW CORPORATION 5 ATTORNEYS AT LAW Bank of America Building 6 1430 Truxtun Avenue, Suite 900 Bakersfield, CA 93301 7 Tel: (661) 322-6023 Fax: (661) 322-3508 8 Email: bbruce@clifford-brownlaw.com afeltus@clifford-brownlaw.com 9 10 Margo A. Raison, County Counsel Attorney for Defendant, Stephanie Virrey Gutcher, Deputy (SBN COUNTY OF KERN 11 277833) Kyle W. Holmes, Deputy (SBN 288300) 12 KERN COUNTY ADMINISTRATIVE CENTER 13 1115 Truxtun Avenue, Fourth Floor Bakersfield, CA 93301 14 Telephone: (661) 868-3800 Facsimile: (661) 868-3805 15 Email: sgutcher@kerncounty.com marshallpam@kerncounty.com 16 jsnow@kerncounty.com 17 Anthony N. DeMaria (SBN 177894) Attorney for Defendant, 18 DEMARIA LAW FIRM, APC COMMUNITY ACTION PARTNERSHIP 1684 W. Shaw Avenue Suite 101 OF KERN (erroneously sued as M- 19 Fresno, CA 93711 Street Navigation Center dba CAPK Tel: (559) 206-2410 Communication Action Partnership of 20 Fax: (559) 570-0126 Kern) Email: ademaria@demarialawfirm.com 21 cgalarza@demarialawfirm.com kpalazzo@demarialawfirm.com 22 msande@demarialawfirm.com 23 24 25 26 27 28 4. DECLARATION OF RAYMOND GHERMEZIAN IN OPPOSITION TO DEFENDANT'S MOTION TO COMPEL Exhibit 1 jackie ghermezianlaw.com From: Ryan Berry Sent: Thursday, November 30, 2023 4:57 PM To: Bill Bruce; TyReana Jones Cc: Stephanie Gutcher; Pamela J. Marshall; Jerilyn M. Snow; kholmes@kerncounty.com; Anthony DeMaria; Christopher Galarza; Karlyn Palazzo; Missie Sande; maria ghermezianlaw.com; raymond ghermezianlaw.com; jackie ghermezianlaw.com Subject: Irene Helen Curtis v. City of Bakersfield, et. al. Attachments: FROGS.pdf; PLAINTIFFS RESPONSE TO SPECIAL INTERROGATORIES.pdf; Production of Documents.pdf; Request for Admissions.pdf Hello, Attached are the following discovery documents: Plaintiff’s response to Form Interrogatories Plaintiff’s response to Special Interrogatories Plaintiff’s response to Request for Production of Documents Plaintiff’s response to Request for Admissions If you have any questions, please feel free to contact me. Thank you, Ryan Berry Legal Assistant RAYMOND GHERMEZIAN, A PROFESSIONAL LAW CORPORATION 8383 Wilshire Boulevard Suite 1030 Beverly Hills, CA 90211 (323) 900‐5800 rberry@ghermezianlaw.com 1 1 Raymond Ghermezian A PROFESSIONAL LAW CORPORATION 2 8383 Wilshire Blvd. Suite 1030 Beverly Hills, CA 90211 3 Tel: (323) 900-5800 Fax: (323) 900-5801 4 Email: raymond@ghermezianlaw.com 5 Attorney for Plaintiff, 6 IRENE HELEN CURTIS 7 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF KERN 11 12 IRENE HELEN CURTIS, an individual, ) CASE NO.: BCV-23-102343-TSC ) 13 Plaintiffs, ) )P L A I N T I F F ’ S RESPONSE TO 14 v. )D E F E N D A N T ’ S F O R M ) INTERROGATORIES, (SET ONE) 15 CITY OF BAKERSFIELD; COUNTY OF) KERN; M-STREET NAVIGATION CENTER) 16 dba CAPK COMMUNICATION ACTION) PARTNERSHIP OF KERN; STATE OF) 17 CALIFORNIA; and DOES 1 through 100, ) inclusive, ) 18 Defendant, 19 20 21 PROPOUNDING PARTY: Defendant, CITY OF BAKERSFIELD 22 RESPONDING PARTY: Plaintiff, IRENE HELEN CURTIS 23 SET: ONE 24 // 25 // 26 // 27 // 28 // // 1 2 PRELIMINARY STATEMENT 3 Plaintiff makes the following responses subject to all pertinent objections regarding 4 the admissibility and relevancy that may be interposed at trial. 5 Plaintiff has not completed his investigation of the facts relating to this case, has 6 not initiated his discovery, and has not completed his preparation for trial, and the 7 responses given herein are without prejudice to the right of Plaintiff to rely on subsequently 8 discovered evidence and expert testimony. 9 All of the responses contained herein are based solely upon information and 10 documents which are presently available and specifically known to Plaintiff. To Respondent 11 and its attorney of record, Plaintiff, IRENE HELEN CURTIS, responds as follows: 12 13 1.1 Raymond Ghermezian, A Professional Law Corporation, 8383 Wilshire Blvd. Suite 14 1030, Beverly Hills, CA 90211. (323) 900-5800. Attorney of record. 15 2.1 a) Irene Helen Curtis 16 b) Irene Helen Curtis 17 c) Plaintiff has conducted diligent search and at this time does not have the 18 requested information in her possession, custody, and/or control. Plaintiff is 19 in the process of attaining requested information. Discovery and investigation 20 continuing. Plaintiff reserves the right to amend and/or supplement this 21 response. 22 2.2 08/16/1959 23 2.3 Plaintiff has conducted diligent search and at this time does not have the requested 24 information in her possession, custody, and/or control. Plaintiff is in the process of 25 attaining requested information. Discovery and investigation continuing. Plaintiff 26 reserves the right to amend and/or supplement this response. 27 2.4 No. Discovery and investigation continuing. Plaintiff reserves the right to amend 28 and/or supplement this response. 2. PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE 1 2.5 a) 5201 Laguna Street, Bakersfield, CA 93306 2 b) Plaintiff has conducted diligent search and at this time does not have the 3 requested information in her possession, custody, and/or control. Plaintiff is 4 in the process of attaining requested information. Discovery and investigation 5 continuing. Plaintiff reserves the right to amend and/or supplement this 6 response. 7 2.6 Plaintiff is currently disabled and not working. 8 2.7 Plaintiff has conducted diligent search and at this time does not have the requested 9 information in her possession, custody, and/or control. Plaintiff is in the process of 10 attaining requested information. Discovery and investigation continuing. Plaintiff 11 reserves the right to amend and/or supplement this response. 12 2.8 Plaintiff has conducted diligent search and at this time does not have the requested 13 information in her possession, custody, and/or control. Plaintiff is in the process of 14 attaining requested information. Discovery and investigation continuing. Plaintiff 15 reserves the right to amend and/or supplement this response. 16 2.9 Yes. 17 2.10 Yes. 18 2.11 No. 19 2.12 No. 20 2.13 Plaintiff has conducted diligent search and at this time does not have the requested 21 information in her possession, custody, and/or control. Plaintiff is in the process of 22 attaining requested information. Discovery and investigation continuing. Plaintiff 23 reserves the right to amend and/or supplement this response. 24 4.1 Yes 25 a) Health Insurance 26 b) 1. Department of Health Care Services, P.O. Box 997425 MS 4720, 27 Sacramento, CA 95899 28 2. Medicare, P.O. Box 138832, Oklahoma City, OK 73113 3. PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE 1 c) 1-2. Plaintiff, Irene Helen Curtis, 5201 Laguna Street, Bakersfield, CA 2 93306. (661) 862-2479. 3 d) 1. 92175994A28005 4 2. 5U34-VG0-UM71 5 e) 1-2. Health Insurance 6 f) 1-2. Unknown to Plaintiff at this time. Discovery and investigation 7 continuing. Plaintiff reserves the right to amend and/or supplement 8 this response. 9 g) 1. Department of Health Care Services, P.O. Box 997425 MS 4720, 10 Sacramento, CA 95899. (916) 445-9891. 11 2. Medicare, P.O. Box 138832, Oklahoma City, OK 73113. (405) 869- 12 3309. 13 4.2 No. 14 6.1 Yes. 15 6.2 As a result of propounding party’s negligence plaintiff suffered severe and 16 permanent injuries to her right hip, right thigh and right knee. Discovery and 17 investigation continue. Plaintiff reserves the right to amend and/or supplement this 18 response. 19 6.3 Yes 20 a) 1. Right hip. Discovery and investigation continue. Plaintiff reserves the 21 right to amend and/or supplement this response. 22 2. Right thigh. Discovery and investigation continuing. Plaintiff reserves 23 the right to amend and/or supplement this response. 24 3. Right knee. Discovery and investigation continue. Plaintiff reserves 25 the right to amend and/or supplement this response. 26 b) 1-3. Subsiding slowly over time. Discovery and investigation continuing. 27 Plaintiff reserves the right to amend and/or supplement this response. 28 c) 1-3. Varies depending on the activity level. Discovery and investigation 4. PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE 1 continuing. Plaintiff reserves the right to amend and/or supplement 2 this response. 3 6.4 Yes 4 a) 1. Bakersfield Memorial Hospital 420 34th Street Bakersfield, CA 93301. 5 (661) 327-4647 6 2. Core Chiropractic & Wellness 9730 Brimhall Road Suite 3, 7 Bakersfield, CA 93312. (661) 410-9355. 8 3. Regenerative Spine, Pain & Neuropathy Centers 3550 Q Street Suite 9 103, Bakersfield, CA 93301. (805) 702-3875 10 b). 1-3. Examination/treatment 11 c). 1. 11/08/2022, 11/09/2022 12 2. 04/17/2023, 04/19/2023,05/02/2023, 05/11/2023, 05/16/2023, 13 05/18/2023, 05/22/2023, 05/30/2023, 06/08/2023, 06/13/2023, 14 06/15/2023, 06/20/2023, 06/22/2023, 06/29/2023, 07/06/2023, 15 07/11/2023, 07/13/2023 16 3. 03/14/2023 17 d). 1. $34,339.00. Discovery and investigation continuing. Plaintiff reserves 18 the right to amend and/or supplement this response. 19 2. $3,020.00. Discovery and investigation continuing. Plaintiff reserves 20 the right to amend and/or supplement this response. 21 3. $825.00. Discovery and investigation continue. Plaintiff reserves the 22 right to amend and/or supplement this response. 23 6.5 Yes 24 a) 1. Metformin 25 2. Acetaminophen 26 b) 1. Bakersfield Memorial Hospital 27 2. Over the counter 28 c) 1. 11/08/2022 5. PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE 1 2. Over the counter 2 d) 1-2. Plaintiff has conducted diligent search and at this time does not have 3 the requested information in her possession, custody, and/or control. 4 Plaintiff is in the process of attaining requested information. Discovery 5 and investigation continuing. Plaintiff reserves the right to amend 6 and/or supplement this response. 7 e) 1-2. Plaintiff has conducted diligent search and at this time does not have 8 the requested information in her possession, custody, and/or control. 9 Plaintiff is in the process of attaining requested information. Discovery 10 and investigation continuing. Plaintiff reserves the right to amend 11 and/or supplement this response. 12 6.6 Yes 13 a) Ambulance 14 b) 11/08/2022 15 c) Plaintiff has conducted diligent search and at this time does not have the 16 requested information in her possession, custody, and/or control. Plaintiff is 17 in the process of attaining requested information. Discovery and investigation 18 continuing. Plaintiff reserves the right to amend and/or supplement this 19 response. 20 d) Hall Ambulance Service, 1001 21st Street, Bakersfield, CA 93301. (661) 322- 21 8741. 22 6.7 Plaintiff has conducted diligent search and at this time does not have the requested 23 information in her possession, custody, and/or control. Plaintiff is in the process of 24 attaining requested information. Discovery and investigation continuing. Plaintiff 25 reserves the right to amend and/or supplement this response. 26 8.1 Plaintiff is not making a claim for loss of earnings at this time therefore not 27 applicable. Discovery and investigation continuing. Plaintiff reserves the right to 28 amend and/or supplement this response. 6. PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE 1 9.1 No. 2 9.2 Not applicable. 3 10.1 Plaintiff has conducted diligent search and at this time does not have the requested 4 information in her possession, custody, and/or control. Plaintiff is in the process of 5 attaining requested information. Discovery and investigation continuing. Plaintiff 6 reserves the right to amend and/or supplement this response. 7 10.2 Plaintiff has conducted diligent search and at this time does not have the requested 8 information in her possession, custody, and/or control. Plaintiff is in the process of 9 attaining requested information. Discovery and investigation continuing. Plaintiff 10 reserves the right to amend and/or supplement this response. 11 10.3 Plaintiff has conducted diligent search and at this time does not have the requested 12 information in her possession, custody, and/or control. Plaintiff is in the process of 13 attaining requested information. Discovery and investigation continuing. Plaintiff 14 reserves the right to amend and/or supplement this response. 15 11.1 Plaintiff has conducted diligent search and at this time does not have the requested 16 information in her possession, custody, and/or control. Plaintiff is in the process of 17 attaining requested information. Discovery and investigation continuing. Plaintiff 18 reserves the right to amend and/or supplement this response. 19 11.2 No. 20 12.1 a) Plaintiff, Plaintiff’s treating doctors, Dr. Fakhruddin Hasta, Dr. Christopher 21 Berry, Dr. Francis Lagattuta, Defendant and Defendant’s employees who 22 have yet to be identified or deposed. Discovery and investigation continuing. 23 Plaintiff reserves the right to supplement and/or amend this response. 24 b). Plaintiff, Plaintiff’s treating doctors, Dr. Fakhruddin Hasta, Dr. Christopher 25 Berry, Dr. Francis Lagattuta, Defendant and Defendant’s employees who 26 have yet to be identified or deposed. Discovery and investigation continuing. 27 Plaintiff reserves the right to supplement and/or amend this response. 28 c). Plaintiff, Plaintiff’s treating doctors, Dr. Fakhruddin Hasta, Dr. Christopher 7. PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE 1 Berry, Dr. Francis Lagattuta, Defendant and Defendant’s employees who 2 have yet to be identified or deposed. Discovery and investigation continuing. 3 Plaintiff reserves the right to supplement and/or amend this response. 4 d). Plaintiff, Plaintiff’s treating doctors, Dr. Fakhruddin Hasta, Dr. Christopher 5 Berry, Dr. Francis Lagattuta, Plaintiff’s attorney, Raymond Ghermezian 8383 6 Wilshire Boulevard Suite 1030 Beverly Hills, CA 90211. (323) 900-5800, 7 Defendant and Defendant’s employees who have yet to be identified or 8 deposed. Discovery and investigation continuing. Plaintiff reserves the right 9 to supplement and/or amend this response. 10 12.2 Objection: Attorney/Client and work Product privileges. Nacht & Lewis Architects, 11 Inc. v.s. Superior Court, (1996) 74 Cal. App. 4th 214, 54 Cal. Rptr. 2d 575. Plaintiff 12 has not interviewed any individual concerning the subject incident. Without waiving 13 the preceding, Plaintiff responds as follows: No one acting on behalf of Plaintiff has 14 interviewed any individual concerning the subject incident at this time. Discovery 15 and investigation continuing. Plaintiff reserves the right to supplement and/or amend 16 this response. 17 12.3 Objection: Attorney/Client and work Product privileges. Nacht & Lewis Architects, 18 Inc. v.s. Superior Court, (1996) 74 Cal. App. 4th 214, 54 Cal. Rptr. 2d 575. Plaintiff 19 has not obtained a written or recorded statement from anyone concerning the 20 subject incident. Without waiving the preceding, Plaintiff responds as follows: No 21 one acting on behalf of Plaintiff has obtained a written or recorded statement from 22 any individual concerning the subject incident at this time. Discovery and 23 investigation continuing. Plaintiff reserves the right to supplement and/or amend this 24 response. 25 12.4 Yes. 26 a) Twelve (12) colored photographs. 27 b) Plaintiff and plaintiff’s scene of incident. 28 c) Plaintiff has conducted diligent search and at this time does not have the 8. PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE 1 requested information in her possession, custody, and/or control. Plaintiff is 2 in the process of attaining requested information. Discovery and investigation 3 continuing. Plaintiff reserves the right to amend and/or supplement this 4 response. 5 d) Plaintiff has conducted diligent search and at this time does not have the 6 requested information in her possession, custody, and/or control. Plaintiff is 7 in the process of attaining requested information. Discovery and investigation 8 continuing. Plaintiff reserves the right to amend and/or supplement this 9 response. 10 e) Plaintiff, Irene Helen Curtis and Plaintiff’s attorney, Raymond Ghermezian 11 8383 Wilshire Boulevard Suite 1030, Beverly Hills, CA. 90211. 12 12.5 Plaintiff is unaware of any diagram, reproduction, or model of any place or 13 thing concerning the incident at this time. Discovery and investigation 14 continuing. Plaintiff reserves the right to supplement and/or amend this 15 response. 16 12.6 Plaintiff is unaware of any report made concerning the incident. Discovery 17 and investigation continuing. Plaintiff reserves the right to amend and/or 18 supplement this response. 19 12.7 Not at this time. Discovery and investigation continuing. Plaintiff reserves the 20 right to supplement and/or amend this response. 21 13.1 Not at this time. Discovery and investigation continuing. Plaintiff reserves the 22 right to supplement and/or amend this response. 23 13.2 Not at this time. Discovery and investigation continuing. Plaintiff reserves the 24 right to supplement and/or amend this response. 25 14.1 Calls for expert opinion. Discovery and investigation continuing. Plaintiff 26 reserves the right to supplement and/or amend this response. 27 14.2 Unknown at this time. Discovery and investigation continuing. Plaintiff 28 reserves the right to supplement and/or amend this response. 9. PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE 1 17.1 a) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 19, 22, 23 2 b) On or about November 4th , 2022, Plaintiff was lawfully walking on 3 defendant’s property, when she suddenly tripped on an uneven and slippery 4 surface. Defendant and its employees allowed the uneven and slippery 5 surface to remain on the walkway where Plaintiff was exiting the facility 6 thereby causing the plaintiff to trip and fall and sustain severe and 7 permanent injuries. The presence of the dangerous uneven and slippery 8 floor surface was known to defendant and had existed for such time that it 9 was the duty of defendant, by the exercise of reasonable care, to have 10 known of such defects and removed it in order to prevent any slip and falls. 11 As a result of Defendant’s negligence, Plaintiff sustained severe and 12 permanent injuries. Discovery and investigation continue. Plaintiff reserves 13 the right to supplement and/or amend this response. 14 c) 1. Plaintiff, Irene Helen Curtis. 15 2. Plaintiff’s treating doctors. 16 3. Defendant’s and defendant’s employees. 17 d) Plaintiff’s medical records and photographs. Defendant’s maintenance 18 reports, inspection and repair records. Plaintiff, Irene Helen Curtis and 19 Plaintiff’s attorney, Raymond Ghermezian, 8383 Wilshire Boulevard, Suite 20 1030, Beverly Hills, CA 90211. Defendant and defendant’s employees. 21 a) 17, 20, 21 22 b) Pursuant to CCP § 2033.220(c) Plaintiff has conducted a diligent search and 23 cannot admit or deny the matters set forth in this request because plaintiff 24 does not at this time have knowledge of these matters, and despite 25 reasonable inquiry into the matter by reviewing all of the records and 26 information available to plaintiff. Plaintiff can neither admit or deny this 27 request. Discovery and investigation continue. 28 c) Pursuant to CCP § 2033.220(c) Plaintiff has conducted a diligent search and 10. PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE 1 cannot admit or deny the matters set forth in this request because plaintiff 2 does not at this time have knowledge of these matters, and despite 3 reasonable inquiry into the matter by reviewing all of the records and 4 information available to plaintiff. Plaintiff can neither admit or deny this 5 request. Discovery and investigation continue. 6 d) Pursuant to CCP § 2033.220(c) Plaintiff has conducted a diligent search and 7 cannot admit or deny the matters set forth in this request because plaintiff 8 does not at this time have knowledge of these matters, and despite 9 reasonable inquiry into the matter by reviewing all of the records and 10 information available to plaintiff. Plaintiff can neither admit or deny this 11 request. Discovery and investigation continue. 12 13 DATED: November 30th, 2023 RAYMOND GHERMEZIAN A PROFESSIONAL LAW CORPORATION 14 By: ____________________________ 15 Raymond Ghermezian, Esq. Attorney for Plaintiff 16 17 18 19 20 21 22 23 24 25 26 27 28 11. PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 3 I am employed in the County of Los Angeles, State of California. I am over the age 4 of 18 and not a party to the within action; my business address is 8383 Wilshire Blvd. Suite 1030, Beverly Hills, CA. 90211. 5 On November 30th, 2023, I served the forgoing document described as: 6 PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, (SET ONE) on the interested parties in this action by placing the true copy thereof enclosed in a sealed 7 envelope addressed as follows: 8 SEE ATTACHED SERVICE LIST 9 [X] (BY ELECTRONIC TRANSFER) 10 [ ] I deposited such envelope in the mail at Beverly Hills, California. The envelope was mailed thereon with postage thereon fully prepaid. 11 [ ] As follows: I am “readily familiar” with the firm’s practice of collection and 12 processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage 13 thereon fully prepaid at Beverly Hills, and the ordinary course of service is presumed invalid if the postal cancellation date os postage meter date is 14 more than one day after date of deposit for mailing in affidavit. 15 [ ] (BY PERSONAL SERVICE) I caused to be delivered such envelope by hand to the offices of the addressee. 16 [ ] (VIA FACSIMILE) By faxing the entire document listed to: 17 [X ] (STATE) I declare under penalty of perjury under the laws of the State of 18 California that the above is true and correct. 19 [ ] (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. 20 Executed on November 30th, 2023 at Beverly Hills, California. 21 22 _____________________ 23 Declarant - Ryan Berry 24 25 26 27 28 12. PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE 1 SERVICE LIST Irene Helen Curtis v. City of Bakersfield, et. al. 2 Case No.: BCV23102343 3 Margo A. Raison, County Counsel Attorney for Defendant, Stephanie Virrey Gutcher, Deputy (SBN COUNTY OF KERN 4 277833) Kyle W. Holmes, Deputy (SBN 288300) 5 KERN COUNTY ADMINISTRATIVE CENTER 6 1115 Truxtun Avenue, Fourth Floor Bakersfield, CA 93301 7 Telephone: (661) 868-3800 Facsimile: (661) 868-3805 8 Email: sgutcher@kerncounty.com marshallpam@kerncounty.com 9 jsnow@kerncounty.com 10 Anthony N. DeMaria (SBN 177894) Attorney for Defendant, 11 DEMARIA LAW FIRM, APC COMMUNITY ACTION PARTNERSHIP 1684 W. Shaw Avenue Suite 101 OF KERN (erroneously sued as M- 12 Fresno, CA 93711 Street Navigation Center dba CAPK Tel: (559) 206-2410 Communication Action Partnership of 13 Fax: (559) 570-0126 Kern) Email: ademaria@demarialawfirm.com 14 cgalarza@demarialawfirm.com kpalazzo@demarialawfirm.com 15 msande@demarialawfirm.com 16 William A. Bruce, Esq. (SBN 91633) Attorneys for Defendant, 17 CLIFFORD & BROWN CITY OF BAKERSFIELD A PROFESSIONAL LAW 18 CORPORATION ATTORNEYS AT LAW 19 Bank of America Building 1430 Truxtun Avenue, Suite 900 20 Bakersfield, CA 93301 Tel: (661) 322-6023 21 Fax: (661) 322-3508 Email: bbruce@clifford-brownlaw.com 22 tmjones@clifford-brownlaw.com 23 24 25 26 27 28 13. PLAINTIFF’S RESPONSE TO DEFENDANT’S FORM INTERROGATORIES, SET ONE 1 Raymond Ghermezian, Esq. A PROFESSIONAL LAW CORPORATION 2 8383 Wilshire Boulevard Suite 1030 Beverly Hills, CA 90211 3 Tel: (323) 900-5800 Fax: (323) 900-5801 4 Email: raymond@ghermezianlaw.com 5 Attorney for Plaintiff, 6 IRENE HELEN CURTIS 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF KERN 10 11 IRENE HELEN CURTIS, an individual, ) Case No.: BCV-23-102343-TSC 12 ) )P L A I N T I F F ’ S R E S P O N S E S T O 13 Plaintiff, )D E F E N D A N T ’ S SPECIAL ) INTERROGATORIES (SET ONE) 14 vs. ) ) 15 ) CITY OF BAKERSFIELD; COUNTY OF) 16 KERN; M-STREET NAVIGATION CENTER) dba CAPK COMMUNICATION ACTION) 17 PARTNERSHIP OF KERN; STATE OF) CALIFORNIA; and DOES 1 through 100,) 18 inclusive, 19 Defendants. 20 21 PROPOUNDING PARTY: Defendant, CITY OF BAKERSFIELD 22 RESPONDING PARTY: Plaintiff, IRENE HELEN CURTIS 23 SET: ONE 24 25 COMES NOW, Plaintiff, IRENE HELEN CURTIS, and responds to Defendant, 26 Special Interrogatories, Set No. One, pursuant to the provisions of Section 2030 of the 27 California Code of Civil Procedure as follows: 28 1 PLAINTIFF’S RESPONSES TO DEFENDANT’S SPECIAL INTERROGATORIES (SET ONE) 1 INTRODUCTION 2 It should be noted that responding party has not fully completed an investigation of 3 the facts relating to this case, has not fully completed discovery in this action, and has not 4 completed preparation for trial. All responses contained herein are based only upon such 5 information and documentation as are presently available and specifically known to 6 responding party, and disclose only those contentions, facts and documentation which 7 presently are available to and occur to responding party. It is anticipated that further 8 discovery, independent investigation, legal research, and analysis will supply additional 9 facts, locate new documents, add meaning to the known facts, as well as establish entirely 10 new factual conclusions and legal contentions, all of which may lead to substantial 11 additions to, changes in, and variations from the responses herein set forth. 12 The following responses are given without prejudice to responding party's right to 13 produce documentation and evidence of any fact or facts which responding party may 14 subsequently recall or discover. No responses contained herein shall be construed to be 15 admissions of fact or law. Respondent, therefore, accordingly reserves the right to change 16 any and all responses and/or production of documents or tangible things as additional facts 17 are ascertained, analysis are made, documents are discovered, legal research is 18 completed, and contentions are made. The responses contained herein are made in a 19 good faith effort to supply as much documentation, factual information and as much 20 specification of legal contentions as is presently known, but it should in no way be to the 21 prejudice of responding party in relation to further discovery, research, or analysis. 22 INCORPORATED OBJECTIONS 23 Where the term "NRC" is utilized, that abbreviation shall incorporate the following 24 objection: 25 "This request is objected to as being vague and ambiguous, overly broad, 26 burdensome and oppressive, not reasonably calculated to lead to the discovery of 27 admissible evidence, irrelevant to the subject matter of the action, calls for information that 28 is irrelevant to the subject matter of the action as well as potentially relevant information, 2 PLAINTIFF’S RESPONSES TO DEFENDANT’S SPECIAL INTERROGATORIES (SET ONE) 1 is shotgun in nature, violates the attorney/client and work-product privileges, calls for 2 opinion and conclusion without foundation, and speculation." 3 Wherever the term "NRC" in the foregoing responses, that complete objection will 4 be incorporated therein by reference. 5 RESPONSES 6 7 Response to Special Interrogatory No. 1: 8 On or about November 4th, 2022, Plaintiff was lawfully walking on defendant’s property, 9 when she suddenly tripped on an uneven and slippery surface. Defendant and its 10 employees allowed the uneven and slippery surface to remain on the walkway where 11 Plaintiff was exiting the facility thereby causing the plaintiff to trip and fall and sustain 12 severe and permanent injuries. The presence of the dangerous uneven and slippery floor 13 surface was known to defendant and had existed for such time that it was the duty of 14 defendant, by the exercise of reasonable care, to have known of such defects and 15 removed it in order to prevent any slip and falls. As a result of Defendant’s negligence, 16 Plaintiff sustained severe and permanent injuries. Discovery and investigation continue. 17 Plaintiff reserves the right to supplement and/or amend this response. 18 Response to Special Interrogatory No. 2: 19 Plaintiff identifies her medical records. Plaintiff also identifies defendant's documents 20 (surveillance video, incident report, maintenance reports, inspection and repair records, 21 photos) which has yet to be produced in response to plaintiff's demand for documents. 22 Discovery and investigation continuing. Plaintiff reserves the right to amend and/or 23 supplement this response. 24 Response to Special Interrogatory No. 3: 25 On or about November 4th, 2022, Plaintiff was lawfully walking on defendant’s property, 26 when she suddenly tripped on an uneven and slippery surface. Defendant and its 27 employees allowed the uneven and slippery surface to remain on the walkway where 28 Plaintiff was exiting the facility thereby causing the plaintiff to trip and fall and sustain 3 PLAINTIFF’S RESPONSES TO DEFENDANT’S SPECIAL INTERROGATORIES (SET ONE) 1 severe and permanent injuries. The presence of the dangerous uneven and slippery floor 2 surface was known to defendant and had existed for such time that it was the duty of 3 defendant, by the exercise of reasonable care, to have known of such defects and 4 removed it in order to prevent any slip and falls. As a result of Defendant’s negligence, 5 Plaintiff sustained severe and permanent injuries. Discovery and investigation continue. 6 Plaintiff reserves the right to supplement and/or amend this response. 7 Response to Special Interrogatory No. 4: 8 Plaintiff identifies her medical records. Plaintiff also identifies defendant's documents 9 (surveillance video, incident report, maintenance reports, inspection and repair records, 10 photos) which has yet to be produced in response to plaintiff's demand for documents. 11 Discovery and investigation continuing. Plaintiff reserves the right to amend and/or 12 supplement this response. 13 Response to Special Interrogatory No. 5: 14 On or about November 4th, 2022, Plaintiff was lawfully walking on defendant’s property, 15 when she suddenly tripped on an uneven and slippery surface. Defendant and its 16 employees allowed the uneven and slippery surface to remain on the walkway where 17 Plaintiff was exiting the facility thereby causing the plaintiff to trip and fall and sustain 18 severe and permanent injuries. The presence of the dangerous uneven and slippery floor 19 surface was known to defendant and had existed for such time that it was the duty of 20 defendant, by the exercise of reasonable care, to have known of such defects and 21 removed it in order to prevent any slip and falls. As a result of Defendant’s negligence, 22 Plaintiff sustained severe and permanent injuries. Discovery and investigation continue. 23 Plaintiff reserves the right to supplement and/or amend this response. 24 Response to Special Interrogatory No. 6: 25 Plaintiff identifies her medical records. Plaintiff also identifies defendant's documents 26 (surveillance video, incident report, maintenance reports, inspection and repair records, 27 photos) which has yet to be produced in response to plaintiff's demand for documents. 28 Discovery and investigation continuing. Plaintiff reserves the right to amend and/or 4 PLAINTIFF’S RESPONSES TO DEFENDANT’S SPECIAL INTERROGATORIES (SET ONE) 1 supplement this response. 2 Response to Special Interrogatory No. 7: 3 On or about November 4th, 2022, Plaintiff was lawfully walking on defendant’s property, 4 when she suddenly tripped on an uneven and slippery surface. Defendant and its 5 employees allowed the uneven and slippery surface to remain on the walkway where 6 Plaintiff was exiting the facility thereby causing the plaintiff to trip and fall and sustain 7 severe and permanent injuries. The presence of the dangerous uneven and slippery floor 8 surface was known to defendant and had existed for such time that it was the duty of 9 defendant, by the exercise of reasonable care, to have known of such defects and 10 removed it in order to prevent any slip and falls. As a result of Defendant’s negligence, 11 Plaintiff sustained severe and permanent injuries. Discovery and investigation continue. 12 Plaintiff reserves the right to supplement and/or amend this response. 13 Response to Special Interrogatory No. 8: 14 Plaintiff identifies her medical records. Plaintiff also identifies defendant's documents 15 (surveillance video, incident report, maintenance reports, inspection and repair records, 16 photos) which has yet to be produced in response to plaintiff's demand for documents. 17 Discovery and investigation continuing. Plaintiff reserves the right to amend and/or 18 supplement this response. 19 Response to Special Interrogatory No. 9: 20 Plaintiff identifies her medical records. Plaintiff also identifies defendant's documents 21 (surveillance video, incident report, maintenance reports, inspection and repair records, 22 photos) which has yet to be produced in response to plaintiff's demand for documents. 23 Discovery and investigation continuing. Plaintiff reserves the right to amend and/or 24 supplement this response. 25 Response to Special Interrogatory No. 10: 26 On or about November 4th, 2022, Plaintiff was lawfully walking on defendant’s property, 27 when she suddenly tripped on an uneven and slippery surface. Defendant and its 28 employees allowed the uneven and slippery surface to remain on the walkway where 5 PLAINTIFF’S RESPONSES TO DEFENDANT’S SPECIAL INTERROGATORIES (SET ONE) 1 Plaintiff was exiting the facility thereby causing the plaintiff to trip and fall and sustain 2 severe and permanent injuries. The presence of the dangerous uneven and slippery floor 3 surface was known to defendant and had existed for such time that it was the duty of 4 defendant, by the exercise of reasonable care, to have known of such defects and 5 removed it in order to prevent any slip and falls. As a result of Defendant’s negligence, 6 Plaintiff sustained severe and permanent injuries. Discovery and investigation continue. 7 Plaintiff reserves the right to supplement and/or amend this response. 8 Response to Special Interrogatory No. 11: 9 Plaintiff identifies her medical records. Plaintiff also identifies defendant's documents 10 (surveillance video, incident report, maintenance reports, inspection and repair records, 11 photos) which has yet to be produced in response to plaintiff's demand for documents. 12 Discovery and investigation continuing. Plaintiff reserves the right to amend and/or 13 supplement this response. 14 Response to Special Interrogatory No. 12: 15 On or about November 4th, 2022, Plaintiff was lawfully walking on defendant’s property, 16 when she suddenly tripped on an uneven and slippery surface. Defendant and its 17 employees allowed the uneven and slippery surface to remain on the walkway where 18 Plaintiff was exiting the facility thereby causing the plaintiff to trip and fall and sustain 19 severe and permanent injuries. The presence of the dangerous uneven and slippery floor 20 surface was known to defendant and had existed for such time that it was the duty of 21 defendant, by the exercise of reasonable care, to have known of such defects and 22 removed it in order to prevent any slip and falls. As a result of Defendant’s negligence, 23 Plaintiff sustained severe and permanent injuries.