Preview
1 Amanda R. Stevens, Esq. (SBN 252350)
astevens@calsubro.com
2 Audrey Westerlund, Esq. (SBN 324036)
3 awesterlund@calsubro.com
SCHROEDER LOSCOTOFF STEVENS LLP
4 502 Mace Blvd, Suite 11
Davis, CA 95618
5 Telephone (916) 438-8300
6 Facsimile (916) 292-9174
7
Attorneys for Plaintiff
8 ALLSTATE INSURANCE COMPANY
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
FOR THE COUNTY OF PLACER
11
ALLSTATE INSURANCE COMPANY, ) Case No.: S-CV-0047953
12 )
Plaintiffs, )
13 )
vs. ) DECLARATION OF AUDREY
14 ) WESTERLUND IN SUPPORT OF
ASTRA CONSTRUCTION & DESIGN; and ) PLAINTIFF ALLSTATE INSURANCE
15 DOES 1-20, ) COMPANY’S MOTION FOR AN
) ORDER COMPELLING
16 Defendants. )
) DEFENDANT ASTRA
17 ) CONSTRUCTION & DESIGN’S
) RESPONSE TO FORM
18 ) INTERROGATORIES, SET TWO
) AND MONETARY SANCTIONS
19 )
) Date: May 7, 2024
20 ) Time: 8:30 A.M.
)
) Location: Department 42
21
)
22 )
)
23 )
)
24
25 I, Audrey Westerlund, declare:
26 1. I am a duly licensed attorney with Schroeder Loscotoff Stevens LLP, attorneys of
27 record for Plaintiff Allstate Insurance Company (“Allstate”) in the above-captioned matter. I
28
1
DECLARATION OF AUDREY WESTERLUND IN SUPPORT OF PLAINTIFF ALLSTATE INSURANCE COMPANY’S
MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO
FORM INTERROGATORIES, SET TWO AND MONETARY SANCTIONS
1 have personal knowledge of the facts set forth herein and could and would competently testify to
2 the truth of the following matters if called as a witness.
3 2. On January 31, 2022, my office filed Allstate’s Complaint with this Court against
4 Astra Construction & Design (“Astra”).
5 3. On February 13, 2024, Allstate served its Form Interrogatories, Set Two on Astra,
6 with a response deadline of March 15, 2024. True and correct copies of that request is attached
7 hereto as Exhibit A and are incorporated herein by reference.
8 4. On March 13, 2024, Astra served its Responses to Allstate’s Form Interrogatories,
9 Set Two, which responses contained more than just objections, but failed to include a signed
10 verification under oath. A true and correct copy of those responses is attached hereto as Exhibit
11 B and are incorporated herein by reference.
12 5. On March 14, 2024, I left a voicemail for Astra’s counsel regarding the unverified
13 responses.
14 6. On March 14, 2024, Amanda Stevens, Esq., sent a formal written meet and confer
15 letter to Astra’s counsel notifying them of their failure to serve verified responses under oath to
16 Allstate’s Form Interrogatories, Set Two. A true and correct copy of that letter is attached hereto
17 as Exhibit C and is incorporated herein by reference.
18 7. After not receiving a signed verification under oath in response to the meet and
19 confer letter, I followed-up with Astra’s counsel via voicemail on March 15, 2024, warning that
20 Allstate’s deadline before it filed a motion was March 18, 2024, and Allstate would be forced to
21 file that motion if the responses and verifications were not timely served.
22 8. Astra’s counsel called back and said he did not yet have signed verifications and
23 was unable to confirm when signed verifications would be provided..
24 9. As of the filing of Allstate’s Motion, Astra has failed to timely produce verified
25 responses to Allstate’s Form Interrogatories, Set Two.
26 10. As a result of Astra’s failure to provide verified responses under oath, Allstate has
27 incurred and will incur reasonable costs and attorneys’ fees in connection with this Motion and
28 the hearing thereon, totaling $629.40, which consists of the following:
2
DECLARATION OF AUDREY WESTERLUND IN SUPPORT OF PLAINTIFF ALLSTATE INSURANCE COMPANY’S
MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO
FORM INTERROGATORIES, SET TWO AND MONETARY SANCTIONS
1 • Motion Fee : $60.00
2 • eFiling Charge : $14.95
3 • Convenience Fee : $1.95
4 • Vcourt Remote Appearance : $27.50
5 • Motion Preparation – 1.5 hours : $525.00
6 • Attorney Fees at $350.00 per hour
7 • Hearing Argument - 0.5 hours : $0.00
8 • Attorney Fees at $350.00 per hour
9 • Cost covered by other concurrently filed/heard Motion
10 TOTAL : $629.40
11
12
13 I declare under the penalty of perjury under the laws of the State of California that the
14 foregoing is true and correct. Executed on March 18, 2024 at Sacramento, California.
15
_______________________________
16 Audrey Westerlund
17
18
19
20
21
22
23
24
25
26
27
28
3
DECLARATION OF AUDREY WESTERLUND IN SUPPORT OF PLAINTIFF ALLSTATE INSURANCE COMPANY’S
MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO
FORM INTERROGATORIES, SET TWO AND MONETARY SANCTIONS
EXHIBIT A
DISC-001
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER:
NAME: Amanda R. Stevens, Esq. 252350
FIRM NAME: Schroeder Loscotoff Stevens LLP
STREET ADDRESS: 502 Mace Blvd., Suite 11
CITY: Davis STATE: CA ZIP CODE: 95618
TELEPHONE NO.: (916) 438-8300 FAX NO.: (916) 292-9174
EMAIL ADDRESS: astevens@calsubro.com
ATTORNEY FOR (name): Allstate Insurance Company
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Placer
Hon. Howard G. Gibson Courthouse
SHORT TITLE OF CASE:
Allstate v. Astra Construction
FORM INTERROGATORIES—GENERAL CASE NUMBER:
Asking Party: Plaintiff, Allstate S-CV-0047953
Answering Party: Defendant, Astra Construction
Set No.: Two (2)
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 2030.010-2030.410 and the cases construing those good faith effort to get the information by asking other persons
sections. or organizations, unless the information is 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
Sec. 2. Instructions to the Asking Party exhibit to the response and referred to in the response. If the
(a) These interrogatories are designed for optional use by document has more than one page, refer to the page and
parties in unlimited civil cases where the amount demanded section where the answer to the interrogatory can be found.
exceeds $35,000. Separate interrogatories, Form (f) Whenever an address and telephone number for the
Interrogatories-Limited Civil Cases (Economic Litigation) same person are requested in more than one interrogatory,
(form DISC-004), which have no subparts, are designed for you are required to furnish them in answering only the first
use in limited civil cases where the amount demanded is interrogatory asking for that information.
$35,000 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
(b) Check the box next to each interrogatory that you want state the objection in your written response.
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.
Sec. 4. Definitions
(e) Additional interrogatories may be attached.
Words in BOLDFACE CAPITALS in these interrogatories are
Sec. 3. Instructions to the Answering Party
defined as follows:
(a) An answer or other appropriate response must be
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 of 8
Form Approved for Optional Use FORM INTERROGATORIES—GENERAL Code of Civil Procedure,
Judicial Council of California §§ 2030.010-2030.410, 2033.710
DISC-001 [Rev. January 1, 2024] www.courts.ca.gov
6784 S - Coss
DISC-001
(2) INCIDENT means (insert your definition here or 1.0 Identity of Persons Answering These Interrogatories
on a separate, attached sheet labeled "Sec.
4(a)(2)"): 1.1 State the name, ADDRESS, telephone number, and
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
includes you, your agents, your employees, your insurance 2.1 State:
(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, 2.2 State the date and place of your birth.
organization, partnership, business, trust, limited liability
company, corporation, or public entity. 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 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;
(f) ADDRESS means the street address, including the city,
(c) the date of issuance; and
state, and zip code.
(d) all restrictions.
Sec. 5. Interrogatories
The following interrogatories have been approved by the Judicial 2.5 State:
(a) your present residence ADDRESS;
Council under Code of Civil Procedure section 2033.710:
(b) your residence ADDRESSES for the past five years;
CONTENTS and
1.0 Identity of Persons Answering These Interrogatories (c) the dates you lived at each ADDRESS.
2.0 General Background Information—Individual
3.0 General Background Information—Business Entity 2.6 State:
(a) the name, ADDRESS, and telephone number of your
4.0 Insurance
present employer or place of self-employment; and
5.0 [Reserved]
(b) the name, ADDRESS, dates of employment, job title,
6.0 Physical, Mental, or Emotional Injuries
and nature of work for each employer or self-
7.0 Property Damage
employment you have had from five years before the
8.0 Loss of Income or Earning Capacity
INCIDENT until today.
9.0 Other Damages
10.0 Medical History 2.7 State:
11.0 Other Claims and Previous Claims (a) the name and ADDRESS of each school or other
12.0 Investigation—General academic or vocational institution you have attended,
13.0 Investigation—Surveillance beginning with high school;
14.0 Statutory or Regulatory Violations (b) the dates you attended;
15.0 Denials and Special or Affirmative Defenses (c) the highest grade level you have completed; and
16.0 Defendant's Contentions Personal Injury (d) the degrees received.
17.0 Responses to Request for Admissions
18.0 [Reserved] 2.8 Have you ever been convicted of a felony? If so, for
each conviction state:
19.0 [Reserved]
(a) the city and state where you were convicted;
20.0 How the Incident Occurred - Motor Vehicle
(b) the date of conviction;
25.0 [Reserved]
(c) the offense; and
30.0 [Reserved]
(d) the court and case number.
40.0 [Reserved]
50.0 Contract 2.9 Can you speak English with ease? If not, what
60.0 [Reserved] language and dialect do you normally use?
70.0 Unlawful Detainer [See separate form DISC-003]
101.0 Economic Litigation [See separate form DISC-004] 2.10 Can you read and write English with ease? If not,
what language and dialect do you normally use?
200.0 Employment Law [See separate form DISC-002] Family
Law [See separate form FL-145]
DISC-001 [Rev. January 1, 2024] FORM INTERROGATORIES—GENERAL Page 2 of 8
6784 S - Coss
DISC-001
2.11 At the time of the INCIDENT were you acting as an 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 10 years and the dates each was used;
(b) a description of your duties. (c) the name and ADDRESS of each joint venture; and
(d) the ADDRESS of the principal place of business.
2.12 At the time of the INCIDENT did you or any other
person have any physical, emotional, or mental disability or 3.5 Are you an unincorporated association? If so, state:
condition that may have contributed to the occurrence of the (a) the current unincorporated association name;
INCIDENT? If so, for each person state: (b) all other names used by the unincorporated association
(a) the name, ADDRESS, and telephone number; during the past 10 years and the dates each was used;
(b) the nature of the disability or condition; and and
(c) the manner in which the disability or condition (c) the ADDRESS of the principal place of business.
contributed to the occurrence of the INCIDENT.
2.13 Within 24 hours before the INCIDENT did you or any 3.6 Have you done business under a fictitious name during
the past 10 years? If so, for each fictitious name state:
person involved in the INCIDENT use or take any of the
(a) the name;
following substances: alcoholic beverage, marijuana, or
(b) the dates each was used;
other drug or medication of any kind (prescription or not)? If
(c) the state and county of each fictitious name filing; and
so, for each person state:
(d) the ADDRESS of the principal place of business.
(a) the name, ADDRESS, and telephone number;
(b) the nature or description of each substance; 3.7 Within the past five years has any public entity
(c) the quantity of each substance used or taken; registered or licensed your business? If so, for each
(d) the date and time of day when each substance was used license or registration:
or taken; (a) identify the license or registration;
(e) the ADDRESS where each substance was used or (b) state the name of the public entity; and
taken; (c) state the dates of issuance and expiration.
(f) the name, ADDRESS, and telephone number of each
4.0 Insurance
person who was present when each substance was used
or taken; and 4.1 At the time of the INCIDENT, was there in effect any
policy of insurance through which you were or might be
(g) the name, ADDRESS, and telephone number of any
insured in any manner (for example, primary, pro-rata, or
HEALTH CARE PROVIDER who prescribed or furnished
excess liability coverage or medical expense coverage) for
the substance and the condition for which it was
the damages, claims, or actions that have arisen out of the
prescribed or furnished.
INCIDENT? If so, for each policy state:
3.0 General Background Information—Business Entity (a) the kind of coverage;
3.1 Are you a corporation? If so, state: (b) the name and ADDRESS of the insurance company;
(a) the name stated in the current articles of incorporation; (c) the name, ADDRESS, and telephone number of each
(b) all other names used by the corporation during the past named insured;
10 years and the dates each was used; (d) the policy number;
(c) the date and place of incorporation; (e) the limits of coverage for each type of coverage con-
(d) the ADDRESS of the principal place of business; and tained in the policy;
(e) whether you are qualified to do business in California. (f) whether any reservation of rights or controversy or
coverage dispute exists between you and the insurance
3.2 Are you a partnership? If so, state:
company; and
(a) the current partnership name;
(g) the name, ADDRESS, and telephone number of the
(b) all other names used by the partnership during the past
custodian of the policy.
10 years and the dates each was used;
(c) whether you are a limited partnership and, if so, under 4.2 Are you self-insured under any statute for the damages,
claims, or actions that have arisen out of the INCIDENT? If
the laws of what jurisdiction;
so, specify the statute.
(d) the name and ADDRESS of each general partner; and
(e) the ADDRESS of the principal place of business. 5.0 [Reserved]
3.3 Are you a limited liability company? If so, state: 6.0 Physical, Mental, or Emotional Injuries
(a) the name stated in the current articles of organization;
(b) all other names used by the company during the past 10 6.1 Do you attribute any physical, mental, or emotional
injuries to the INCIDENT? (If your answer is "no," do not
years and the date each was used;
answer interrogatories 6.2 through 6.7).
(c) the date and place of filing of the articles of organization;
(d) the ADDRESS of the principal place of business; and 6.2 Identify each injury you attribute to the INCIDENT and
(e) whether you are qualified to do business in California. the area of your body affected.
DISC-001 [Rev. January 1, 2024] Page 3 of 8
FORM INTERROGATORIES—GENERAL
6784 S - Coss
DISC-001
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.
7.2 Has a written estimate or evaluation been made for any
6.4 Did you receive any consultation or examination item of property referred to in your answer to the preceding
(except from expert witnesses covered by Code of Civil interrogatory? If so, for each estimate or evaluation state:
Procedure sections 2034.210-2034.310) or treatment from a (a) the name, ADDRESS, and telephone number of the
HEALTH CARE PROVIDER for any injury you attribute to PERSON who prepared it and the date prepared;
the INCIDENT? If so, for each HEALTH CARE PROVIDER (b) the name, ADDRESS, and telephone number of each
state: PERSON who has a copy of it; and
(a) the name, ADDRESS, and telephone number; (c) the amount of damage stated.
(b) the type of consultation, examination, or treatment
provided; 7.3 Has any item of property referred to in your answer to
interrogatory 7.1 been repaired? If so, for each item state:
(c) the dates you received consultation, examination, or
(a) the date repaired;
treatment; and
(b) a description of the repair;
(d) the charges to date.
(c) the repair cost;
6.5 Have you taken any medication, prescribed or not, as a (d) the name, ADDRESS, and telephone number of the
result of injuries that you attribute to the INCIDENT? If so, PERSON who repaired it;
for each medication state: (e) the name, ADDRESS, and telephone number of the
(a) the name; PERSON who paid for the repair.
(b) the PERSON who prescribed or furnished it;
8.0 Loss of Income or Earning Capacity
(c) the date it was prescribed or furnished;
(d) the dates you began and stopped taking it; and 8.1 Do you attribute any loss of income or earning capacity
to the INCIDENT? (If your answer is "no," do not answer
(e) the cost to date.
interrogatories 8.2 through 8.8).
6.6 Are there any other medical services necessitated by the
8.2 State:
injuries that you attribute to the INCIDENT that were not
(a) the nature of your work;
previously listed (for example, ambulance, nursing,
(b) your job title at the time of the INCIDENT; and
prosthetics)? If so, for each service state:
(c) the date your employment began.
(a) the nature;
(b) the date; 8.3 State the last date before the INCIDENT that you
(c) the cost; and worked for compensation.
(d) the name, ADDRESS, and telephone number
of each provider. 8.4 State your monthly income at the time of the INCIDENT
and how the amount was calculated.
6.7 Has any HEALTH CARE PROVIDER advised that you
may require future or additional treatment for any injuries 8.5 State the date you returned to work at each place of
that you attribute to the INCIDENT? If so, for each injury employment following the INCIDENT.
state:
(a) the name and ADDRESS of each HEALTH CARE 8.6 State the dates you did not work and for which you lost
income as a result of the INCIDENT.
PROVIDER;
(b) the complaints for which the treatment was advised; and 8.7 State the total income you have lost to date as a result
(c) the nature, duration, and estimated cost of the of the INCIDENT and how the amount was calculated.
treatment.
8.8 Will you lose income in the future as a result of the
7.0 Property Damage INCIDENT? If so, state:
7.1 Do you attribute any loss of or damage to a vehicle or (a) the facts upon which you base this contention;
other property to the INCIDENT? If so, for each item of (b) an estimate of the amount;
property: (c) an estimate of how long you will be unable to work; and
(a) describe the property; (d) how the claim for future income is calculated.
(b) describe the nature and location of the damage to the
property;
DISC-001 [Rev. January 1, 2024] Page 4 of 8
FORM INTERROGATORIES—GENERAL
6784 S - Coss
DISC-001
9.0 Other Damages (c) the court, names of the parties, and case number of any
9.1 Are there any other damages that you attribute to the action filed;
INCIDENT? If so, for each item of damage state: (d) the name, ADDRESS, and telephone number of any
(a) the nature; attorney representing you;
(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.
11.2 In the past 10 years have you made a written claim or
9.2 Do any DOCUMENTS support the existence or amount demand for workers' compensation benefits? If so, for each
of any item of damages claimed in interrogatory 9.1? If so, claim or demand state:
describe each document and state the name, ADDRESS, (a) the date, time, and place of the INCIDENT giving rise to
and telephone number of the PERSON who has each the claim;
DOCUMENT. (b) the name, ADDRESS, and telephone number of your
employer at the time of the injury;
10.0 Medical History
(c) the name, ADDRESS, and telephone number of the
10.1 At any time before the INCIDENT did you have com-
workers' compensation insurer and the claim number;
plaints or injuries that involved the same part of your body
(d) the period of time during which you received workers'
claimed to have been injured in the INCIDENT? If so, for
compensation benefits;
each state:
(e) a description of the injury;
(a) a description of the complaint or injury;
(f) the name, ADDRESS, and telephone number of any
(b) the dates it began and ended; and
HEALTH CARE PROVIDER who provided services; and
(c) the name, ADDRESS, and telephone number of each
(g) the case number at the Workers' Compensation Appeals
HEALTH CARE PROVIDER whom you consulted or
Board.
who examined or treated you.
12.0 Investigation—General
10.2 List all physical, mental, and emotional disabilities you
12.1 State the name, ADDRESS, and telephone number of
had immediately before the INCIDENT. (You may omit
each individual:
mental or emotional disabilities unless you attribute any
(a) who witnessed the INCIDENT or the events occurring
mental or emotional injury to the INCIDENT.)
immediately before or after the INCIDENT;
10.3 At any time after the INCIDENT, did you sustain (b) who made any statement at the scene of the INCIDENT;
injuries of the kind for which you are now claiming (c) who heard any statements made about the INCIDENT
damages? If so, for each incident giving rise to an injury by any individual at the scene; and
state: (d) who YOU OR ANYONE ACTING ON YOUR BEHALF
(a) the date and the place it occurred; claim has knowledge of the INCIDENT (except for
(b) the name, ADDRESS, and telephone number of any expert witnesses covered by Code of Civil Procedure
other PERSON involved; section 2034).
(c) the nature of any injuries you sustained;
(d) the name, ADDRESS, and telephone number of each 12.2 Have YOU OR ANYONE ACTING ON YOUR
BEHALF interviewed any individual concerning the
HEALTH CARE PROVIDER who you consulted or who
INCIDENT? If so, for each individual state:
examined or treated you; and
(a) the name, ADDRESS, and telephone number of the
(e) the nature of the treatment and its duration.
individual interviewed;
11.0 Other Claims and Previous Claims (b) the date of the interview; and
11.1 Except for this action, in the past 10 years have you (c) the name, ADDRESS, and telephone number of the
filed an action or made a written claim or demand for PERSON who conducted the interview.
compensation for your personal injuries? If so, for each
action, claim, or demand state: 12.3 Have YOU OR ANYONE ACTING ON YOUR
BEHALF obtained a written or recorded statement from any
(a) the date, time, and place and location (closest street
individual concerning the INCIDENT? If so, for each
ADDRESS or intersection) of the INCIDENT giving rise
statement state:
to the action, claim, or demand;
(a) the name, ADDRESS, and telephone number of the
(b) the name, ADDRESS, and telephone number of each
individual from whom the statement was obtained;
PERSON against whom the claim or demand was made
(b) the name, ADDRESS, and telephone number of the
or the action filed;
individual who obtained the statement;
(c) the date the statement was obtained; and
(d) the name, ADDRESS, and telephone number of each
PERSON who has the original statement or a copy.
DISC-001 [Rev. January 1, 2024] FORM INTERROGATORIES—GENERAL Page 5 of 8
6784 S - Coss
DISC-001
12.4 Do YOU OR ANYONE ACTING ON YOUR BEHALF 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 14.1 Do YOU OR ANYONE ACTING ON YOUR BEHALF
individual taking the photographs, films, or videotapes; contend that any PERSON involved in the INCIDENT
and violated any statute, ordinance, or regulation and that the
(e) the name, ADDRESS, and telephone number of each violation was a legal (proximate) cause of the INCIDENT? If
PERSON who has the original or a copy of the so, identify the name, ADDRESS, and telephone number of
photographs, films, or videotapes. each PERSON and the statute, ordinance, or regulation that
was violated.
12.5 Do YOU OR ANYONE ACTING ON YOUR BEHALF 14.2 Was any PERSON cited or charged with a violation of
know of any diagram, reproduction, or model of any place or
any statute, ordinance, or regulation as a result of this
thing (except for items developed by expert witnesses
INCIDENT? If so, for each PERSON state:
covered by Code of Civil Procedure sections 2034.210-
(a) the name, ADDRESS, and telephone number of the
2034.310) concerning the INCIDENT? If so, for each item
PERSON;
state:
(b) the statute, ordinance, or regulation allegedly violated;
(a) the type (i.e., diagram, reproduction, or model);
(c) whether the PERSON entered a plea in response to the
(b) the subject matter; and
citation or charge and, if so, the plea entered; and
(c) the name, ADDRESS, and telephone number of each
(d) the name and ADDRESS of the court or administrative
PERSON who has it.
agency, names of the parties, and case number.
12.6 Was a report made by any PERSON concerning the 15.0 Denials and Special or Affirmative Defenses
INCIDENT? If so, state: 15.1 Identify each denial of a material allegation and each
(a) the name, title, identification number, and employer of special or affirmative defense in your pleadings and for each:
the PERSON who made the report; (a) state all facts upon which you base the denial or special
(b) the date and type of report made; or affirmative defense;
(c) the name, ADDRESS, and telephone number of the (b) state the names, ADDRESSES, and telephone numbers
PERSON for whom the report was made; and of all PERSONS who have knowledge of those facts; and
(d) the name, ADDRESS, and telephone number of each (c) identify all DOCUMENTS and other tangible things that
Preview
1 Amanda R. Stevens, Esq. (SBN 252350) astevens@calsubro.com 2 Audrey Westerlund, Esq. (SBN 324036) 3 awesterlund@calsubro.com SCHROEDER LOSCOTOFF STEVENS LLP 4 502 Mace Blvd, Suite 11 Davis, CA 95618 5 Telephone (916) 438-8300 6 Facsimile (916) 292-9174 7 Attorneys for Plaintiff 8 ALLSTATE INSURANCE COMPANY 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF PLACER 11 ALLSTATE INSURANCE COMPANY, ) Case No.: S-CV-0047953 12 ) Plaintiffs, ) 13 ) vs. ) DECLARATION OF AUDREY 14 ) WESTERLUND IN SUPPORT OF ASTRA CONSTRUCTION & DESIGN; and ) PLAINTIFF ALLSTATE INSURANCE 15 DOES 1-20, ) COMPANY’S MOTION FOR AN ) ORDER COMPELLING 16 Defendants. ) ) DEFENDANT ASTRA 17 ) CONSTRUCTION & DESIGN’S ) RESPONSE TO FORM 18 ) INTERROGATORIES, SET TWO ) AND MONETARY SANCTIONS 19 ) ) Date: May 7, 2024 20 ) Time: 8:30 A.M. ) ) Location: Department 42 21 ) 22 ) ) 23 ) ) 24 25 I, Audrey Westerlund, declare: 26 1. I am a duly licensed attorney with Schroeder Loscotoff Stevens LLP, attorneys of 27 record for Plaintiff Allstate Insurance Company (“Allstate”) in the above-captioned matter. I 28 1 DECLARATION OF AUDREY WESTERLUND IN SUPPORT OF PLAINTIFF ALLSTATE INSURANCE COMPANY’S MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO FORM INTERROGATORIES, SET TWO AND MONETARY SANCTIONS 1 have personal knowledge of the facts set forth herein and could and would competently testify to 2 the truth of the following matters if called as a witness. 3 2. On January 31, 2022, my office filed Allstate’s Complaint with this Court against 4 Astra Construction & Design (“Astra”). 5 3. On February 13, 2024, Allstate served its Form Interrogatories, Set Two on Astra, 6 with a response deadline of March 15, 2024. True and correct copies of that request is attached 7 hereto as Exhibit A and are incorporated herein by reference. 8 4. On March 13, 2024, Astra served its Responses to Allstate’s Form Interrogatories, 9 Set Two, which responses contained more than just objections, but failed to include a signed 10 verification under oath. A true and correct copy of those responses is attached hereto as Exhibit 11 B and are incorporated herein by reference. 12 5. On March 14, 2024, I left a voicemail for Astra’s counsel regarding the unverified 13 responses. 14 6. On March 14, 2024, Amanda Stevens, Esq., sent a formal written meet and confer 15 letter to Astra’s counsel notifying them of their failure to serve verified responses under oath to 16 Allstate’s Form Interrogatories, Set Two. A true and correct copy of that letter is attached hereto 17 as Exhibit C and is incorporated herein by reference. 18 7. After not receiving a signed verification under oath in response to the meet and 19 confer letter, I followed-up with Astra’s counsel via voicemail on March 15, 2024, warning that 20 Allstate’s deadline before it filed a motion was March 18, 2024, and Allstate would be forced to 21 file that motion if the responses and verifications were not timely served. 22 8. Astra’s counsel called back and said he did not yet have signed verifications and 23 was unable to confirm when signed verifications would be provided.. 24 9. As of the filing of Allstate’s Motion, Astra has failed to timely produce verified 25 responses to Allstate’s Form Interrogatories, Set Two. 26 10. As a result of Astra’s failure to provide verified responses under oath, Allstate has 27 incurred and will incur reasonable costs and attorneys’ fees in connection with this Motion and 28 the hearing thereon, totaling $629.40, which consists of the following: 2 DECLARATION OF AUDREY WESTERLUND IN SUPPORT OF PLAINTIFF ALLSTATE INSURANCE COMPANY’S MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO FORM INTERROGATORIES, SET TWO AND MONETARY SANCTIONS 1 • Motion Fee : $60.00 2 • eFiling Charge : $14.95 3 • Convenience Fee : $1.95 4 • Vcourt Remote Appearance : $27.50 5 • Motion Preparation – 1.5 hours : $525.00 6 • Attorney Fees at $350.00 per hour 7 • Hearing Argument - 0.5 hours : $0.00 8 • Attorney Fees at $350.00 per hour 9 • Cost covered by other concurrently filed/heard Motion 10 TOTAL : $629.40 11 12 13 I declare under the penalty of perjury under the laws of the State of California that the 14 foregoing is true and correct. Executed on March 18, 2024 at Sacramento, California. 15 _______________________________ 16 Audrey Westerlund 17 18 19 20 21 22 23 24 25 26 27 28 3 DECLARATION OF AUDREY WESTERLUND IN SUPPORT OF PLAINTIFF ALLSTATE INSURANCE COMPANY’S MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO FORM INTERROGATORIES, SET TWO AND MONETARY SANCTIONS EXHIBIT A DISC-001 ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: NAME: Amanda R. Stevens, Esq. 252350 FIRM NAME: Schroeder Loscotoff Stevens LLP STREET ADDRESS: 502 Mace Blvd., Suite 11 CITY: Davis STATE: CA ZIP CODE: 95618 TELEPHONE NO.: (916) 438-8300 FAX NO.: (916) 292-9174 EMAIL ADDRESS: astevens@calsubro.com ATTORNEY FOR (name): Allstate Insurance Company SUPERIOR COURT OF CALIFORNIA, COUNTY OF Placer Hon. Howard G. Gibson Courthouse SHORT TITLE OF CASE: Allstate v. Astra Construction FORM INTERROGATORIES—GENERAL CASE NUMBER: Asking Party: Plaintiff, Allstate S-CV-0047953 Answering Party: Defendant, Astra Construction Set No.: Two (2) 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 2030.010-2030.410 and the cases construing those good faith effort to get the information by asking other persons sections. or organizations, unless the information is 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 Sec. 2. Instructions to the Asking Party exhibit to the response and referred to in the response. If the (a) These interrogatories are designed for optional use by document has more than one page, refer to the page and parties in unlimited civil cases where the amount demanded section where the answer to the interrogatory can be found. exceeds $35,000. Separate interrogatories, Form (f) Whenever an address and telephone number for the Interrogatories-Limited Civil Cases (Economic Litigation) same person are requested in more than one interrogatory, (form DISC-004), which have no subparts, are designed for you are required to furnish them in answering only the first use in limited civil cases where the amount demanded is interrogatory asking for that information. $35,000 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 (b) Check the box next to each interrogatory that you want state the objection in your written response. 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. Sec. 4. Definitions (e) Additional interrogatories may be attached. Words in BOLDFACE CAPITALS in these interrogatories are Sec. 3. Instructions to the Answering Party defined as follows: (a) An answer or other appropriate response must be 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 of 8 Form Approved for Optional Use FORM INTERROGATORIES—GENERAL Code of Civil Procedure, Judicial Council of California §§ 2030.010-2030.410, 2033.710 DISC-001 [Rev. January 1, 2024] www.courts.ca.gov 6784 S - Coss DISC-001 (2) INCIDENT means (insert your definition here or 1.0 Identity of Persons Answering These Interrogatories on a separate, attached sheet labeled "Sec. 4(a)(2)"): 1.1 State the name, ADDRESS, telephone number, and 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 includes you, your agents, your employees, your insurance 2.1 State: (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, 2.2 State the date and place of your birth. organization, partnership, business, trust, limited liability company, corporation, or public entity. 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 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; (f) ADDRESS means the street address, including the city, (c) the date of issuance; and state, and zip code. (d) all restrictions. Sec. 5. Interrogatories The following interrogatories have been approved by the Judicial 2.5 State: (a) your present residence ADDRESS; Council under Code of Civil Procedure section 2033.710: (b) your residence ADDRESSES for the past five years; CONTENTS and 1.0 Identity of Persons Answering These Interrogatories (c) the dates you lived at each ADDRESS. 2.0 General Background Information—Individual 3.0 General Background Information—Business Entity 2.6 State: (a) the name, ADDRESS, and telephone number of your 4.0 Insurance present employer or place of self-employment; and 5.0 [Reserved] (b) the name, ADDRESS, dates of employment, job title, 6.0 Physical, Mental, or Emotional Injuries and nature of work for each employer or self- 7.0 Property Damage employment you have had from five years before the 8.0 Loss of Income or Earning Capacity INCIDENT until today. 9.0 Other Damages 10.0 Medical History 2.7 State: 11.0 Other Claims and Previous Claims (a) the name and ADDRESS of each school or other 12.0 Investigation—General academic or vocational institution you have attended, 13.0 Investigation—Surveillance beginning with high school; 14.0 Statutory or Regulatory Violations (b) the dates you attended; 15.0 Denials and Special or Affirmative Defenses (c) the highest grade level you have completed; and 16.0 Defendant's Contentions Personal Injury (d) the degrees received. 17.0 Responses to Request for Admissions 18.0 [Reserved] 2.8 Have you ever been convicted of a felony? If so, for each conviction state: 19.0 [Reserved] (a) the city and state where you were convicted; 20.0 How the Incident Occurred - Motor Vehicle (b) the date of conviction; 25.0 [Reserved] (c) the offense; and 30.0 [Reserved] (d) the court and case number. 40.0 [Reserved] 50.0 Contract 2.9 Can you speak English with ease? If not, what 60.0 [Reserved] language and dialect do you normally use? 70.0 Unlawful Detainer [See separate form DISC-003] 101.0 Economic Litigation [See separate form DISC-004] 2.10 Can you read and write English with ease? If not, what language and dialect do you normally use? 200.0 Employment Law [See separate form DISC-002] Family Law [See separate form FL-145] DISC-001 [Rev. January 1, 2024] FORM INTERROGATORIES—GENERAL Page 2 of 8 6784 S - Coss DISC-001 2.11 At the time of the INCIDENT were you acting as an 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 10 years and the dates each was used; (b) a description of your duties. (c) the name and ADDRESS of each joint venture; and (d) the ADDRESS of the principal place of business. 2.12 At the time of the INCIDENT did you or any other person have any physical, emotional, or mental disability or 3.5 Are you an unincorporated association? If so, state: condition that may have contributed to the occurrence of the (a) the current unincorporated association name; INCIDENT? If so, for each person state: (b) all other names used by the unincorporated association (a) the name, ADDRESS, and telephone number; during the past 10 years and the dates each was used; (b) the nature of the disability or condition; and and (c) the manner in which the disability or condition (c) the ADDRESS of the principal place of business. contributed to the occurrence of the INCIDENT. 2.13 Within 24 hours before the INCIDENT did you or any 3.6 Have you done business under a fictitious name during the past 10 years? If so, for each fictitious name state: person involved in the INCIDENT use or take any of the (a) the name; following substances: alcoholic beverage, marijuana, or (b) the dates each was used; other drug or medication of any kind (prescription or not)? If (c) the state and county of each fictitious name filing; and so, for each person state: (d) the ADDRESS of the principal place of business. (a) the name, ADDRESS, and telephone number; (b) the nature or description of each substance; 3.7 Within the past five years has any public entity (c) the quantity of each substance used or taken; registered or licensed your business? If so, for each (d) the date and time of day when each substance was used license or registration: or taken; (a) identify the license or registration; (e) the ADDRESS where each substance was used or (b) state the name of the public entity; and taken; (c) state the dates of issuance and expiration. (f) the name, ADDRESS, and telephone number of each 4.0 Insurance person who was present when each substance was used or taken; and 4.1 At the time of the INCIDENT, was there in effect any policy of insurance through which you were or might be (g) the name, ADDRESS, and telephone number of any insured in any manner (for example, primary, pro-rata, or HEALTH CARE PROVIDER who prescribed or furnished excess liability coverage or medical expense coverage) for the substance and the condition for which it was the damages, claims, or actions that have arisen out of the prescribed or furnished. INCIDENT? If so, for each policy state: 3.0 General Background Information—Business Entity (a) the kind of coverage; 3.1 Are you a corporation? If so, state: (b) the name and ADDRESS of the insurance company; (a) the name stated in the current articles of incorporation; (c) the name, ADDRESS, and telephone number of each (b) all other names used by the corporation during the past named insured; 10 years and the dates each was used; (d) the policy number; (c) the date and place of incorporation; (e) the limits of coverage for each type of coverage con- (d) the ADDRESS of the principal place of business; and tained in the policy; (e) whether you are qualified to do business in California. (f) whether any reservation of rights or controversy or coverage dispute exists between you and the insurance 3.2 Are you a partnership? If so, state: company; and (a) the current partnership name; (g) the name, ADDRESS, and telephone number of the (b) all other names used by the partnership during the past custodian of the policy. 10 years and the dates each was used; (c) whether you are a limited partnership and, if so, under 4.2 Are you self-insured under any statute for the damages, claims, or actions that have arisen out of the INCIDENT? If the laws of what jurisdiction; so, specify the statute. (d) the name and ADDRESS of each general partner; and (e) the ADDRESS of the principal place of business. 5.0 [Reserved] 3.3 Are you a limited liability company? If so, state: 6.0 Physical, Mental, or Emotional Injuries (a) the name stated in the current articles of organization; (b) all other names used by the company during the past 10 6.1 Do you attribute any physical, mental, or emotional injuries to the INCIDENT? (If your answer is "no," do not years and the date each was used; answer interrogatories 6.2 through 6.7). (c) the date and place of filing of the articles of organization; (d) the ADDRESS of the principal place of business; and 6.2 Identify each injury you attribute to the INCIDENT and (e) whether you are qualified to do business in California. the area of your body affected. DISC-001 [Rev. January 1, 2024] Page 3 of 8 FORM INTERROGATORIES—GENERAL 6784 S - Coss DISC-001 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. 7.2 Has a written estimate or evaluation been made for any 6.4 Did you receive any consultation or examination item of property referred to in your answer to the preceding (except from expert witnesses covered by Code of Civil interrogatory? If so, for each estimate or evaluation state: Procedure sections 2034.210-2034.310) or treatment from a (a) the name, ADDRESS, and telephone number of the HEALTH CARE PROVIDER for any injury you attribute to PERSON who prepared it and the date prepared; the INCIDENT? If so, for each HEALTH CARE PROVIDER (b) the name, ADDRESS, and telephone number of each state: PERSON who has a copy of it; and (a) the name, ADDRESS, and telephone number; (c) the amount of damage stated. (b) the type of consultation, examination, or treatment provided; 7.3 Has any item of property referred to in your answer to interrogatory 7.1 been repaired? If so, for each item state: (c) the dates you received consultation, examination, or (a) the date repaired; treatment; and (b) a description of the repair; (d) the charges to date. (c) the repair cost; 6.5 Have you taken any medication, prescribed or not, as a (d) the name, ADDRESS, and telephone number of the result of injuries that you attribute to the INCIDENT? If so, PERSON who repaired it; for each medication state: (e) the name, ADDRESS, and telephone number of the (a) the name; PERSON who paid for the repair. (b) the PERSON who prescribed or furnished it; 8.0 Loss of Income or Earning Capacity (c) the date it was prescribed or furnished; (d) the dates you began and stopped taking it; and 8.1 Do you attribute any loss of income or earning capacity to the INCIDENT? (If your answer is "no," do not answer (e) the cost to date. interrogatories 8.2 through 8.8). 6.6 Are there any other medical services necessitated by the 8.2 State: injuries that you attribute to the INCIDENT that were not (a) the nature of your work; previously listed (for example, ambulance, nursing, (b) your job title at the time of the INCIDENT; and prosthetics)? If so, for each service state: (c) the date your employment began. (a) the nature; (b) the date; 8.3 State the last date before the INCIDENT that you (c) the cost; and worked for compensation. (d) the name, ADDRESS, and telephone number of each provider. 8.4 State your monthly income at the time of the INCIDENT and how the amount was calculated. 6.7 Has any HEALTH CARE PROVIDER advised that you may require future or additional treatment for any injuries 8.5 State the date you returned to work at each place of that you attribute to the INCIDENT? If so, for each injury employment following the INCIDENT. state: (a) the name and ADDRESS of each HEALTH CARE 8.6 State the dates you did not work and for which you lost income as a result of the INCIDENT. PROVIDER; (b) the complaints for which the treatment was advised; and 8.7 State the total income you have lost to date as a result (c) the nature, duration, and estimated cost of the of the INCIDENT and how the amount was calculated. treatment. 8.8 Will you lose income in the future as a result of the 7.0 Property Damage INCIDENT? If so, state: 7.1 Do you attribute any loss of or damage to a vehicle or (a) the facts upon which you base this contention; other property to the INCIDENT? If so, for each item of (b) an estimate of the amount; property: (c) an estimate of how long you will be unable to work; and (a) describe the property; (d) how the claim for future income is calculated. (b) describe the nature and location of the damage to the property; DISC-001 [Rev. January 1, 2024] Page 4 of 8 FORM INTERROGATORIES—GENERAL 6784 S - Coss DISC-001 9.0 Other Damages (c) the court, names of the parties, and case number of any 9.1 Are there any other damages that you attribute to the action filed; INCIDENT? If so, for each item of damage state: (d) the name, ADDRESS, and telephone number of any (a) the nature; attorney representing you; (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. 11.2 In the past 10 years have you made a written claim or 9.2 Do any DOCUMENTS support the existence or amount demand for workers' compensation benefits? If so, for each of any item of damages claimed in interrogatory 9.1? If so, claim or demand state: describe each document and state the name, ADDRESS, (a) the date, time, and place of the INCIDENT giving rise to and telephone number of the PERSON who has each the claim; DOCUMENT. (b) the name, ADDRESS, and telephone number of your employer at the time of the injury; 10.0 Medical History (c) the name, ADDRESS, and telephone number of the 10.1 At any time before the INCIDENT did you have com- workers' compensation insurer and the claim number; plaints or injuries that involved the same part of your body (d) the period of time during which you received workers' claimed to have been injured in the INCIDENT? If so, for compensation benefits; each state: (e) a description of the injury; (a) a description of the complaint or injury; (f) the name, ADDRESS, and telephone number of any (b) the dates it began and ended; and HEALTH CARE PROVIDER who provided services; and (c) the name, ADDRESS, and telephone number of each (g) the case number at the Workers' Compensation Appeals HEALTH CARE PROVIDER whom you consulted or Board. who examined or treated you. 12.0 Investigation—General 10.2 List all physical, mental, and emotional disabilities you 12.1 State the name, ADDRESS, and telephone number of had immediately before the INCIDENT. (You may omit each individual: mental or emotional disabilities unless you attribute any (a) who witnessed the INCIDENT or the events occurring mental or emotional injury to the INCIDENT.) immediately before or after the INCIDENT; 10.3 At any time after the INCIDENT, did you sustain (b) who made any statement at the scene of the INCIDENT; injuries of the kind for which you are now claiming (c) who heard any statements made about the INCIDENT damages? If so, for each incident giving rise to an injury by any individual at the scene; and state: (d) who YOU OR ANYONE ACTING ON YOUR BEHALF (a) the date and the place it occurred; claim has knowledge of the INCIDENT (except for (b) the name, ADDRESS, and telephone number of any expert witnesses covered by Code of Civil Procedure other PERSON involved; section 2034). (c) the nature of any injuries you sustained; (d) the name, ADDRESS, and telephone number of each 12.2 Have YOU OR ANYONE ACTING ON YOUR BEHALF interviewed any individual concerning the HEALTH CARE PROVIDER who you consulted or who INCIDENT? If so, for each individual state: examined or treated you; and (a) the name, ADDRESS, and telephone number of the (e) the nature of the treatment and its duration. individual interviewed; 11.0 Other Claims and Previous Claims (b) the date of the interview; and 11.1 Except for this action, in the past 10 years have you (c) the name, ADDRESS, and telephone number of the filed an action or made a written claim or demand for PERSON who conducted the interview. compensation for your personal injuries? If so, for each action, claim, or demand state: 12.3 Have YOU OR ANYONE ACTING ON YOUR BEHALF obtained a written or recorded statement from any (a) the date, time, and place and location (closest street individual concerning the INCIDENT? If so, for each ADDRESS or intersection) of the INCIDENT giving rise statement state: to the action, claim, or demand; (a) the name, ADDRESS, and telephone number of the (b) the name, ADDRESS, and telephone number of each individual from whom the statement was obtained; PERSON against whom the claim or demand was made (b) the name, ADDRESS, and telephone number of the or the action filed; individual who obtained the statement; (c) the date the statement was obtained; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original statement or a copy. DISC-001 [Rev. January 1, 2024] FORM INTERROGATORIES—GENERAL Page 5 of 8 6784 S - Coss DISC-001 12.4 Do YOU OR ANYONE ACTING ON YOUR BEHALF 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 14.1 Do YOU OR ANYONE ACTING ON YOUR BEHALF individual taking the photographs, films, or videotapes; contend that any PERSON involved in the INCIDENT and violated any statute, ordinance, or regulation and that the (e) the name, ADDRESS, and telephone number of each violation was a legal (proximate) cause of the INCIDENT? If PERSON who has the original or a copy of the so, identify the name, ADDRESS, and telephone number of photographs, films, or videotapes. each PERSON and the statute, ordinance, or regulation that was violated. 12.5 Do YOU OR ANYONE ACTING ON YOUR BEHALF 14.2 Was any PERSON cited or charged with a violation of know of any diagram, reproduction, or model of any place or any statute, ordinance, or regulation as a result of this thing (except for items developed by expert witnesses INCIDENT? If so, for each PERSON state: covered by Code of Civil Procedure sections 2034.210- (a) the name, ADDRESS, and telephone number of the 2034.310) concerning the INCIDENT? If so, for each item PERSON; state: (b) the statute, ordinance, or regulation allegedly violated; (a) the type (i.e., diagram, reproduction, or model); (c) whether the PERSON entered a plea in response to the (b) the subject matter; and citation or charge and, if so, the plea entered; and (c) the name, ADDRESS, and telephone number of each (d) the name and ADDRESS of the court or administrative PERSON who has it. agency, names of the parties, and case number. 12.6 Was a report made by any PERSON concerning the 15.0 Denials and Special or Affirmative Defenses INCIDENT? If so, state: 15.1 Identify each denial of a material allegation and each (a) the name, title, identification number, and employer of special or affirmative defense in your pleadings and for each: the PERSON who made the report; (a) state all facts upon which you base the denial or special (b) the date and type of report made; or affirmative defense; (c) the name, ADDRESS, and telephone number of the (b) state the names, ADDRESSES, and telephone numbers PERSON for whom the report was made; and of all PERSONS who have knowledge of those facts; and (d) the name, ADDRESS, and telephone number of each (c) identify all DOCUMENTS and other tangible things that