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. ) PLAINTIFF’S EX PARTE
14 ) APPLICATION FOR AN ORDER
ASTRA CONSTRUCTION & DESIGN; and ) SHORTENING TIME ON
15 DOES 1-20, ) HEARING FOR PLAINTIFF’S
) MOTION TO COMPEL
16 Defendants. ) DEFENDANT ASTRA
) CONSTRUCTION & DESIGN’S
17 ) RESPONSE TO
) SUPPLEMENTAL
18 ) INTERROGATORIES, SET ONE
) and DECLARATION OF
19 ) AUDREY WESTERLUND IN
) SUPPORT THEREOF
20 )
) Date: March 20, 2024
21 ) Time: 8:00 A.M.
) Location: Department 42
22 )_
)
23
24
25 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
26 PLEASE TAKE NOTICE that on March 20, 2024 at 8:00 a.m., or as soon thereafter as
27 the matter may be heard in Department 42 of this Court, located at 10820 Justice Center Drive,
28 Roseville, CA 95678, the Honorable Court presiding, Plaintiff Allstate Insurance Company
1
EX PARTE APPLICATION FOR ORDER SHORTENING TIME
1 (“Plaintiff”) will and hereby does apply Ex Parte for an Order to shorten the time for the Court
2 to hear Plaintiff’s Motion to Compel Defendant Astra Construction & Design (“Defendant”) to
3 Responses to Supplemental Interrogatories, Set One. A copy of this Motion is attached hereto as
4 Exhibit A. We are seeking the motion to be heard in advance of the trial date, and no later than
5 April 5, 2024.
6 This application is made on the ground that severe prejudice will result if the hearing date
7 is not advanced, as the trial date for this matter is set for April 22, 2024. Plaintiff has not received
8 verified responses to Supplemental Interrogatories, Set One. Plaintiff cannot proceed to trial
9 without the verified responses because the information and responses are crucial to the underlying
10 case and to avoid undue surprise, prejudice, and motions at the time of trial.
11 This Application will be based on Code of Civil Procedure §§ 1005 and 128 and California
12 Rules of Court, Rules 3.1200 - 3.1207. This application is made on the Memorandum of Points
13 and Authorities, the declaration of Audrey Westerlund attached hereto, and upon all papers and
14 pleadings on file herein and on such other oral and documentary evidence as may be presented at
15 the time of the hearing.
16
17 Dated: March 19, 2024 SCHROEDER LOSCOTOFF STEVENS LLP
18
19
20 By:________________________________
AMANDA R. STEVENS, ESQ.
21 AUDREY WESTERLUND, ESQ.
Attorneys for Plaintiffs
22 Allstate Insurance Company
23
24
25
26
27
28
2
EX PARTE APPLICATION FOR ORDER SHORTENING TIME
EXHIBIT A
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 ) PLAINTIFF ALLSTATE INSURANCE
vs. ) COMPANY’S NOTICE OF MOTION
14 ) AND MOTION FOR AN ORDER
ASTRA CONSTRUCTION & DESIGN; and ) COMPELLING DEFENDANT ASTRA
15 DOES 1-20, ) CONSTRUCTION & DESIGN’S
)
16 ) RESPONSE TO SUPPLEMENTAL
Defendants. INTERROGATORIES, SET ONE
)
17 ) MONETARY SANCTIONS
)
18 ) Date: May 7, 2024
) Time: 8:30 A.M.
19 ) Location: Department 42
)
20 )
)
21
22 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD HEREIN:
23 PLEASE TAKE NOTICE that on May 7, 2024, at 8:30 a.m. or as soon thereafter as the
24 matter may be heard, in Department 42 of the Superior Court of California, County of Placer,
25 located at 10820 Justice Center Drive, Roseville, CA 95678, Plaintiff Allstate Insurance Company
26 (“Allstate”) will, and hereby does, move the Court for an Order Compelling Defendant Astra
27 Construction & Design’s (“Astra”) Response to Supplemental Interrogatories, Set One a served
28 on February 13, 2024 (“Motion”). Furthermore, Allstate will, and hereby does, move the Court
1
PLAINTIFF ALLSTATE INSURANCE COMPANY’S NOTICE OF MOTION AND MOTION FOR AN ORDER
COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO SUPPLEMENTAL
INTERROGATORIES, SET ONE MONETARY SANCTIONS
1 for an order requiring Astra to pay a monetary sanction to Allstate in the sum of $629.40 for the
2 reasonable expenses and attorney fees incurred by the moving party in connection with this
3 proceeding.
4 This Motion is made pursuant to Code of Civil Procedure § 2030.290(b). On March 11,
5 2024, Astra served unverified responses to Allstate’s Supplemental Interrogatories, Set One.
6 “Unsworn responses are tantamount to no response at all.” Appleton v. Superior Court, (1988)
7 206 Cal.App.3d 632, 636. Allstate’s counsel has notified Astra’s counsel on multiple occasions
8 that Astra failed to properly respond to Allstate’s Supplemental Interrogatories, Set One, by
9 serving unverified responses.
10 This Motion will be based on this Notice of Motion and Motion, Memorandum of Points
11 and Authorities, the Declaration of Audrey Westerlund, the records on file herein, and any other
12 oral or written evidence as may be presented at the hearing.
13 Concurrently herewith, Allstate is filing the following motions: (1) Motion for and Order
14 Establishing the Truth of Each Matter Specified in Plaintiff’s Requests for Admission, Set Two
15 be Deemed Admitted and Monetary Sanctions; (2) Motion for an Order Compelling Defendant
16 Astra Construction & Design’s Response to Requests for Production, Set Two and Monetary
17 Sanctions; (3) Motion for an Order Compelling Defendant Astra Construction & Design’s
18 Response to Form Interrogatories, Set Two; and (4) Defendant Astra Construction & Design’s
19 Response to Supplemental Request for Production of Documents, Set One.
20
21 Dated: March 18, 2024 SCHROEDER LOSCOTOFF STEVENS LLP
22
23
24 By:________________________________
AMANDA R. STEVENS, ESQ.
25 AUDREY WESTERLUND, ESQ.
Attorneys for Plaintiffs
26 Allstate Insurance Company
27
28
2
PLAINTIFF ALLSTATE INSURANCE COMPANY’S NOTICE OF MOTION AND MOTION FOR AN ORDER
COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO SUPPLEMENTAL
INTERROGATORIES, SET ONE MONETARY SANCTIONS
1 PROOF OF SERVICE
2 I am employed in the County of Yolo, State of California and am over the age of 18 and am not
a party to the within entitled action. My business address is 502 Mace Boulevard, Suite 11, Davis, CA
3
95618.
4 On Monday, March 18, 2024, I served the foregoing document(s),
PLAINTIFF ALLSTATE INSURANCE COMPANY’S NOTICE OF MOTION AND
5 MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION
& DESIGN’S RESPONSE TO SUPPLEMENTAL INTERROGATORIES, SET ONE
6 MONETARY SANCTIONS
to all interested parties, as listed on the attached service list, by placing a true and correct copy
7
thereof, through the means designated below:
8
[ ] FAX – by transmitting via facsimile the document(s) listed above to the fax number(s) set forth on
9 the attached service list on this date before 5:00 p.m. (PST).
10 [X] ELECTRONIC TRANSMISSION - by e-mailing the document(s) to the person(s) at the e-mail
address(es) listed on the attached service list as, during the COVID-19 pandemic, the majority of this
11 office will be working remotely and is therefore primarily using electronic mail. No electronic
message or other indication that the transmission was unsuccessful was received within a reasonable
12
time after the transmission.
13
[ ] MAIL – by placing the document(s) listed above in a sealed envelope with postage thereon fully
14 prepaid, in the United States Mail at Sacramento, California. [Courtesy Copy]
15 [ ] OVERNIGHT MAIL – by sending the document(s) listed above in a sealed overnight mail
envelope with the overnight mail company, , to the
16 person(s) at the address(es) listed on the attached service list.
17
[ ] PERSONAL DELIVERY – by personally delivering the document(s) listed above to the person(s)
18 at the address(es) set forth on the attached service list.
19 [ ] DELIVERY BY ANOTHER - by causing personal delivery by of
the document(s) listed above to the person(s) at the address(es) set forth on the attached service
20 list.
21 I am "readily familiar" with the firm's practice of collection and processing correspondence
22 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day
with postage thereon fully prepaid at Sacramento, California, in the ordinary course of business. I am
23 aware that on motion of the party served, service is presumed invalid if postal cancellation date or
postage meter date is more than one day after the date of deposit for mailing an affidavit.
24
I declare under penalty of perjury under the laws of the State of California that the above is
25
true and correct and that this declaration was executed on Monday, March 18, 2024 at Sacramento,
California.
26
_________________________________
27 JADE NEACH
28 Allstate Insurance Company v. Astra Construction & Design
6784S-Coss
1
PROOF OF SERVICE
1 SERVICE LIST
2 Allstate Insurance Company v. Astra Construction & Design
6784S-Coss
3
4 William Kronenberg, Esq.
Flavio G.Z. Fonseca, Esq.
5 KRONENBERG LAW PC
1 Kaiser Plaza, Suite 1675
6 Oakland, CA 94612-3699
7 Telephone: (510) 254-6767
Facsimile: (510) 788-4092
8 Email: wkronenberg@krolaw.com;
ffonseca@krolaw.com;
9 pyanes@krolaw.com
10
Counsel for Defendant ASTRA
11 CONSTRUCTION & DESIGN
12
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PROOF OF SERVICE
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. ) PLAINTIFF ALLSTATE INSURANCE
14 ) COMPANY’S MEMORANDUM OF
ASTRA CONSTRUCTION & DESIGN; and ) POINTS AND AUTHORITIES IN
15 DOES 1-20, ) SUPPORT OF ITS MOTION FOR AN
) ORDER COMPELLING DEFENDANT
16 Defendants. )
) ASTRA CONSTRUCTION &
17 ) DESIGN’S RESPONSE TO
) SUPPLEMENTAL
18 ) INTERROGATORIES, SET ONE AND
) MONETARY SANCTIONS
19 )
) Date: May 7, 2024
20 ) Time: 8:30 A.M.
) Location: Department 42
21 )
)
22 )
)
23
24 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
25 COMES NOW Plaintiff Allstate Insurance Company (“Allstate”), by and through its
26 counsel of record, and moves for an Order Compelling Defendant Astra Construction & Design’s
27 (“Astra”) Response to Supplemental Interrogatories, Set One and Monetary Sanctions.
28
1
PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE
TO SUPPLEMENTAL INTERROGATORIES, SET ONE AND MONETARY SANCTIONS
1 I. FACTUAL BACKGROUND
2 This is a subrogation action arising out of damage to the property located at 5408 Granite
3 Grove Way, Granite Bay, CA 95746. Allstate filed its Complaint on January 31, 2022 against
4 Astra. (Decl. of AW, ¶ 2).
5 On January 23, 2024, Allstate served its Supplemental Interrogatories, Set One, with a
6 response deadline of February 23, 2024. (Decl. of AW, ¶ 3). True and correct copies of those
7 requests are attached to the Declaration of Audrey Westerlund as Exhibits A and are incorporated
8 herein by reference. (Decl. of AW, ¶ 3). Astra requested an extension of two weeks on the day
9 responses were due, February 23, 2024. Allstate granted a one-week extension due to the need
10 for such responses to complete expert discovery making responses due March 4, 2024. (Decl. of
11 AW, ¶ 4). Astra requested a second extension on March 4, 2024, making responses due on March
12 11, 2024. (Decl. of AW, ¶ 5). On March 11, 2024, Astra served its Responses to Allstate’s
13 Supplemental Interrogatories, Set One, which responses contained more than just objections, but
14 failed to include a signed verification under oath. (Decl. of AW, ¶ 6). A true and correct copy of
15 the unverified responses to Allstate’s Supplemental Interrogatories, Set Two is attached to the
16 Declaration of Audrey Westerlund as Exhibit C, and is incorporated herein by reference. (Decl.
17 of AW, ¶ 6).
18 On March 12, 2024, Allstate’s counsel left a voicemail and emailed Astra’s counsel
19 notifying them of their failure to send verified Responses to Supplemental Interrogatories, Set
20 One. (Decl. of AW, ¶ 7).
21 After the prior attempts to follow-up on the outstanding discovery, on March 12,
22 Allstate’s counsel sent a formal written meet and confer letter to Astra’s counsel notifying them
23 of their failure to serve verified responses under oath to Allstate’s Supplemental Interrogatories,
24 Set One. (Decl. of AW, ¶ 8). After not receiving signed verification under oath as to its
25 Supplemental Interrogatories, Set One in response to its meet and confer letter, Allstate’s counsel
26 followed-up with Astra’s counsel via email on March 14, 2024 and email and voicemail on March
27 15, 2024 warning that Allstate’s deadline before it filed a motion was March 18, 2024, and Allstate
28
2
PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE
TO SUPPLEMENTAL INTERROGATORIES, SET ONE AND MONETARY SANCTIONS
1 would be forced to file that motion if the responses and verifications were not timely served. (Decl.
2 of AW, ¶ 9).
3 As of the filing of this Motion, Astra has failed to timely produce verified responses under
4 oath to Allstate’s Supplemental Interrogatories, Set One (Decl. of AW, ¶ 11).
5 Accordingly, Allstate moves this Court for an order compelling Astra to serve verified
6 responses sworn under oath and free of objections to Supplemental Interrogatories, Set One.
7 Allstate further moves the Court for monetary sanctions against Astra in the amount of $629.40
8 to be paid to Allstate as reimbursement for the reasonable expenses and fees incurred in
9 connection with this proceeding. (Decl. of AW, ¶ 12).
10
11 II. LEGAL ARGUMENT
12 A. Failure to Timely Serve Verified Responses Under Oath
13 Pursuant to Code of Civil Procedure § 2030.250(a): “The party to whom the
14 interrogatories are directed shall sign the response under oath, unless the response contains only
15 objections.” “Unsworn responses are tantamount to no response at all.” Appleton v. Superior
16 Court, (1988) 206 Cal.App.3d 632, 636. Pursuant to Code of Civil Procedure § 2030.290(a), if
17 a party to whom interrogatories have been directed fails to serve a timely response, that party
18 thereby waives any objection to the requests, including one based on privilege or on the
19 protection for work product. Additionally, if a party to whom interrogatories have been directed
20 fails to serve a timely response, the requesting party may move for an order compelling response
21 to the interrogatories. Code of Civil Procedure § 2030.290(b). It is a misuse of the discovery
22 process to fail to respond to an authorized method of discovery. Code of Civil Procedure §
23 2023.010(d). A motion to compel responses for failure to provide responses is not subject to the
24 same 45-day time limit or meet and confer requirements of a motion to compel further responses,
25 nor does the moving party have to demonstrate good cause. Sinaiko Healthcare Consulting, Inc.
26 v. Pacific Healthcare Consultants, (2007) 148 Cal.App.4th 390, 404.
27 In the instant case, Allstate served its Supplemental Interrogatories, Set One on Astra on
28 January 23, 2024 with an agreed upon service deadline of March 11, 2024. Astra failed to serve
3
PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE
TO SUPPLEMENTAL INTERROGATORIES, SET ONE AND MONETARY SANCTIONS
1 verified responses under oath, which is tantamount to not serving responses at all. While the
2 Appleton case specifically deals with requests for admission, the logic behind the decision carries
3 over to interrogatories. Without providing sworn verifications as to interrogatory responses, the
4 information in those responses cannot be relied upon to be true, accurate, and inclusive of all
5 information available to the responding party. Despite Allstate’s counsel reaching out on multiple
6 occasions via email and phone, Astra has failed to provide verified responses as of the filing of
7 this Motion.
8 Astra has failed to timely serve verified responses under oath to Allstate’s Supplemental
9 Interrogatories, Set One. Pursuant to California law, Allstate moves the Court for an order
10 compelling Astra to serve verified responses under oath and free from objections to its
11 Supplemental Interrogatories, Set One.
12 B. Monetary Sanction for Failure to Respond
13 Allstate also moves the court to impose a monetary sanction on Astra should it oppose
14 this motion. Allstate is entitled to seek monetary sanctions pursuant to Code of Civil Procedure
15 § 2030.290(c), which states: “The court shall impose a monetary sanction under Chapter 7
16 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully
17 makes or opposes a motion to compel a response to interrogatories, unless it finds that the one
18 subject to the sanction acted with substantial justification or that other circumstances make the
19 imposition of the sanction unjust.” “If a party fails to serve a timely response, and the propounding
20 party move for an obtains a court order compelling a response, the trial court must impose a
21 monetary sanction against the delinquent party unless that party acted with ‘substantial
22 justification’ or the sanction would otherwise be unjust.” Sinaiko, supra 148 Cal.App.4th at 404
23 (emphasis added).
24 “The court may impose a monetary sanction ordering that one engaging in the misuse of
25 the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses,
26 including attorney's fees, incurred by anyone as a result of that conduct. . .” Code of Civil
27 Procedure § 2023.030(a). “If a monetary sanction is authorized by any provision of this title, the
28 court shall impose that sanction unless it finds that the one subject to the sanction acted with
4
PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE
TO SUPPLEMENTAL INTERROGATORIES, SET ONE AND MONETARY SANCTIONS
1 substantial justification or that other circumstances make the imposition of the sanction unjust.”
2 California Code of Civil Procedure §2023.030(a); Ghanooni v. Super Shuttle (1993) 20 Cal. App.
3 4th 256, 260-261; 24 Cal. Rptr. 2d 501, 503-585.
4 The nature of the monetary sanction available under California Code of Civil Procedure
5 Section 2023.030(a) is similar to the awards that may be imposed under Code of Civil Procedure
6 Sections 473 and 1024, and serves a similar purpose, that is, to compensate for expenses incurred;
7 thus, the court may award a reasonable amount to compensate a party for his or her expenses
8 incurred and is not limited to the costs that might properly be taxed against the losing party after
9 the trial of the action. See Rosen v. Superior Court (1966) 244 Cal. App. 2d 586, 593-596. The
10 value of an attorney's services is a matter with which a judge must necessarily be familiar. When
11 the court is informed of the extent and nature of such services, its own experience furnishes it
12 with every element necessary to fix their value. Bacon v. Bacon (1948) 32 Cal. 2d 131, 143;
13 Spencer v. Collins (1909) 156 Cal. 298, 307.
14 Astra has misused the discovery process by failing to timely serve verified responses
15 under oath to Allstate’s Supplemental Interrogatories, Set One, despite receiving two time
16 extensions and being given every opportunity to comply with the requests. There is no legitimate
17 justification or circumstance for the failure to provide verified responses. Allstate is attempting to
18 narrow the issues and evaluate the merits of the case for trial on April 22, 2024. Therefore,
19 Allstate requests the Court impose monetary sanctions against Astra in the amount of $629.40.
20 III. CONCLUSION
21 For the above-stated reasons, Plaintiff Allstate Insurance Company respectfully requests
22 the Court issue an order compelling Defendant Astra Construction & Design’s verified response
23 under oath and free of objection to Allstate’s Supplemental Interrogatories, Set One. Plaintiff
24 Allstate Insurance Company further requests the Court impose monetary sanctions against
25 Defendant Astra Construction & Design in the amount of $629.40 for the reasonable expenses and
26 attorney fees incurred in connection with this proceeding. This Motion is made on the grounds that
27 the Supplemental Interrogatories, Set One are relevant to the subject matter of this action, and that
28 Defendant Astra Construction & Design has failed to timely serve verified responses under oath.
5
PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE
TO SUPPLEMENTAL INTERROGATORIES, SET ONE AND MONETARY SANCTIONS
1 ///
2 Dated: March 18, 2024 SCHROEDER LOSCOTOFF STEVENS LLP
3
4
5 By:________________________________
AMANDA R. STEVENS, ESQ.
6 AUDREY WESTERLUND, ESQ.
Attorneys for Plaintiffs
7 Allstate Insurance Company
8
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6
PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT
OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE
TO SUPPLEMENTAL INTERROGATORIES, SET ONE AND MONETARY SANCTIONS
1 PROOF OF SERVICE
2 I am employed in the County of Yolo, State of California and am over the age of 18 and am not
a party to the within entitled action. My business address is 502 Mace Boulevard, Suite 11, Davis, CA
3
95618.
4 On Monday, March 18, 2024, I served the foregoing document(s),
PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS
5 AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR AN ORDER
COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE
6 TO SUPPLEMENTAL INTERROGATORIES, SET ONE AND MONETARY
SANCTIONS
7 to all interested parties, as listed on the attached service list, by placing a true and correct copy
8 thereof, through the means designated below:
9 [ ] FAX – by transmitting via facsimile the document(s) listed above to the fax number(s) set forth on
the attached service list on this date before 5:00 p.m. (PST).
10
[X] ELECTRONIC TRANSMISSION - by e-mailing the document(s) to the person(s) at the e-mail
11 address(es) listed on the attached service list as, during the COVID-19 pandemic, the majority of this
office will be working remotely and is therefore primarily using electronic mail. No electronic
12
message or other indication that the transmission was unsuccessful was received within a reasonable
13 time after the transmission.
14 [ ] MAIL – by placing the document(s) listed above in a sealed envelope with postage thereon fully
prepaid, in the United States Mail at Sacramento, California. [Courtesy Copy]
15
[ ] OVERNIGHT MAIL – by sending the document(s) listed above in a sealed overnight mail
16 envelope with the overnight mail company, , to the
person(s) at the address(es) listed on the attached service list.
17
18 [ ] PERSONAL DELIVERY – by personally delivering the document(s) listed above to the person(s)
at the address(es) set forth on the attached service list.
19
[ ] DELIVERY BY ANOTHER - by causing personal delivery by of
20 the document(s) listed above to the person(s) at the address(es) set forth on the attached service
list.
21
22 I am "readily familiar" with the firm's practice of collection and processing correspondence
for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day
23 with postage thereon fully prepaid at Sacramento, California, in the ordinary course of business. I am
aware that on motion of the party served, service is presumed invalid if postal cancellation date or
24 postage meter date is more than one day after the date of deposit for mailing an affidavit.
25
I declare under penalty of perjury under the laws of the State of California that the above is
true and correct and that this declaration was executed on Monday, March 18, 2024 at Sacramento,
26 California.
27 _________________________________
JADE NEACH
28
Allstate Insurance Company v. Astra Construction & Design
6784S-Coss
1
PROOF OF SERVICE
1
SERVICE LIST
2
Allstate Insurance Company v. Astra Construction & Design
3
6784S-Coss
4
William Kronenberg, Esq.
5 Flavio G.Z. Fonseca, Esq.
KRONENBERG LAW PC
6 1 Kaiser Plaza, Suite 1675
7 Oakland, CA 94612-3699
Telephone: (510) 254-6767
8 Facsimile: (510) 788-4092
Email: wkronenberg@krolaw.com;
9 ffonseca@krolaw.com;
10 pyanes@krolaw.com
11 Counsel for Defendant ASTRA
CONSTRUCTION & DESIGN
12
13
14
15
16
17
18
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21
22
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25
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27
28
2
PROOF OF SERVICE
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 SUPPLEMENTAL
18 ) INTERROGATORIES, SET ONE
) 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
SUPPLEMENTAL INTERROGATORIES, SET ONE 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 January 23, 2024, Allstate served its Supplemental Interrogatories, Set One on
6 Astra, with a response deadline of March 15, 2024. True and correct copies of that request is
7 attached hereto as Exhibit A and are incorporated herein by reference.
8 4. On February 23, 2024, Astra’s counsel requested a two-week extension. I advised
9 their responses were need for expert discovery and grated a one-week extension, making their
10 responses due March 4, 2024.
11 5. On March 4, 2024, Astra’s counsel requested a one-week extension, making their
12 responses due March 11, 2024.
13 6. On March 11, 2024, Astra served its Responses to Allstate’s Supplemental
14 Interrogatories, Set One, which responses contained more than just objections, but failed to
15 include a signed verification under oath. A true and correct copy of those responses is attached
16 hereto as Exhibit B and are incorporated herein by reference.
17 7. On March 12, 2024, my office emailed and left a voicemail for Astra’s counsel
18 regarding the unverified responses.
19 8. On March 12, 2024, Amanda Stevens, Esq., sent a formal written meet and confer
20 letter to Astra’s counsel notifying them of their failure to serve verified responses under oath to
21 Allstate’s Supplemental Interrogatories, Set One. A true and correct copy of that letter is attached
22 hereto as Exhibit C and is incorporated herein by reference.
23 9. After not receiving a signed verification under oath in response to the meet and
24 confer letter, I followed-up with Astra’s counsel via voicemail on March 15, 2024, warning that
25 Allstate’s deadline before it filed a motion was March 18, 2024, and Allstate would be forced to
26 file that motion if the responses and verifications were not timely served.
27 10. Astra’s counsel called back and said he did not yet have signed verifications and
28 was unable to confirm when signed verifications would be provided.
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
SUPPLEMENTAL INTERROGATORIES, SET ONE AND MONETARY SANCTIONS
1 11. As of the filing of Allstate’s Motion, Astra has failed to timely produce verified
2 responses to Allstate’s Supplemental Interrogatories, Set One.
3 12. As a result of Astra’s failure to provide verified responses under oath, Allstate has
4 incurred and will incur reasonable costs and attorneys’ fees in connection with this Motion and
5 the hearing thereon, totaling $629.40, which consists of the following:
6 • Motion Fee : $60.00
7 • eFiling Charge : $14.95
8 • Convenience Fee : $1.95
9 • Vcourt Remote Appearance : $27.50
10 • Motion Preparation – 1.5 hours : $525.00
11 • Attorney Fees at $350.00 per hour
12 • Hearing Argument - 0.5 hours : $0.00
13 • Attorney Fees at $350.00 per hour
14 • Cost covered by other concurrently filed/heard Motion
15 TOTAL : $629.40
16
17
18 I declare under the penalty of perjury under the laws of the State of California that the
19 foregoing is true and correct. Executed on March 18, 2024 at Sacramento, California.
20
_______________________________
21 Audrey Westerlund
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
SUPPLEMENTAL INTERROGATORIES, SET ONE AND MONETARY SANCTIONS
EXHIBIT A
1 Amanda R. Stevens, Esq. (SBN 252350)
astevens@calsubro.com
2 Nicole Vales, Esq. (SBN 328338)
3 nvales@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
ALLSTATE INSURANCE COMPANY
8
SUPERIOR COURT OF THE STATE OF CALIFORNIA
9
10 FOR THE COUNTY OF PLACER
11 ALLSTATE INSURANCE COMPANY, ) Case No.: S – CV- 0047953
)
12
Plaintiff, )
13 ) PLAINTIFF ALLSTATE
v. ) INSURANCE COMPANY’S
14 ) SUPPLEMENTAL
ASTRA CONSTRUCTION & DESIGN; ) INTERROGATORY TO
15 and DOES 1 to 20, ) DEFENDANT ASTRA
) CONSTRUCTION & DESIGN,
16 Defendants. ) SET ONE
17
18
PROPOUNDING PARTY : ALLSTATE INSURANCE COMPANY
19
20 RESPONDING PARTY : ASTRA CONSTRUCTION & DESIGN
21 SET NO. : ONE
22 Plaintiff ALLSTATE INSURANCE COMPANY hereby requests that Defendant
23 ASTRA CONSTRUCTION & DESIGN answer in writing and under oath, pursuant to Code
24 of Civil Procedure sections 2030.070, the following supplemental interrogatory, within thirty
25 (30) days.
26 SUPPLEMENTAL INTERROGATORY
27 Pursuant to California Code of Civil Procedure section 2030.070(a), please review your
28 responses to all interrogatories previously served upon you by any party in this action. If for any
1
PLAINTIFF ALLSTATE INSURANCE COMPANY’S SUPPLEMENTAL INTERROGATORY TO DEFENDANT ASTRA
CONSTRUCTION & DESIGN, SET ONE
1 reason any of those responses to any of the interrogatories are no longer correct and/or complete,
2 or you have acquired additional information since responding to those interrogatories bearing on
3 responses previously given, please identify in a verified response and set forth the information
4 you have acquired since the date of your prior response and/or whatever information is necessary
5 to make the response correct and/or complete as of this date.
6
7
8 Dated: January 23, 2024 SCHROEDER LOSCOTOFF STEVENS LLP
9
10 By:________________________________
11 AMANDA R. STEVENS, ESQ.
NICOLE VALES, ESQ.
12 Attorneys for Plaintiff
ALLSTATE INSURANCE COMPANY
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
PLAINTIFF ALLSTATE INSURANCE COMPANY’S SUPPLEMENTAL INTERROGATORY TO DEFENDANT ASTRA
CONSTRUCTION & DESIGN, SET ONE
1 PROOF OF SERVICE
2 I am employed in the County of Yolo, State of California and am over the age of 18 and am not
a party to the within entitled action. My business address is 502 Mace Boulevard, Suite 11, Davis, CA
3
95618.
4 On Tuesday, January 23, 2024, I served the foregoing document(s),
5 PLAINTIFF ALLSTATE INSURANCE COMPANY’S SUPPLEMENTAL
INTERROGATORY TO DEFENDANT ASTRA CONSTRUCTION & DESIGN, SET
6
ONE
7 to all interested parties, as listed on the attached service list, by placing a true and correct copy
thereof, through the means designated below:
8
[ ] FAX – by transmitting via facsimile the document(s) listed above to the fax number(s) set forth on
9 the attached service list on this date before 5:00 p.m. (PST).
10 [X] ELECTRONIC TRANSMISSION - by e-mailing the document(s) to the person(s) at the e-mail
11 address(es) listed on the attached service list as, during the COVID-19 pandemic, the majority of this
office will be working remotely and is therefore primarily using electronic mail. No electronic
12 message or other indication that the transmission was unsuccessful was received within a reasonable
time after the transmission.
13
[ ] MAIL – by placing the document(s) listed above in a sealed envelope with postage thereon fully
14 prepaid, in the United States Mail at Sacramento, California. [Courtesy Copy]
15 [ ] OVERNIGHT MAIL – by sending the document(s) listed above in a sealed overnight mail
16 envelope with the overnight mail company, , to the
person(s) at the address(es) listed on the attached service list.
17
[ ] PERSONAL DELIVERY – by personally delivering the document(s) listed above to the person(s)
18 at the address(es) set forth on the attached service list.
19 [ ] DELIVERY BY ANOTHER - by causing personal delivery by of
the document(s) listed above to the person(s) at the address(es) set forth on the attached service
20 list.
21
I am "readily familiar" with the firm's practice of collection and processing correspondence
22 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day
with postage thereon fully prepaid at Sacramento, California, in the ordinary course of business. I am
23 aware that on motion of the party served, service is presumed invalid if postal cancellation date or
postage meter date is more than one day after the date of deposit for mailing an affidavit.
24
25 I declare under penalty of perjury under the laws of the State of California that the above is
true and correct and that this declaration was executed on Tuesday, January 23, 2024 at Sacramento,
26 California.
27 _________________________________
ALEXANDRA CASTRO
28
Allstate Insurance Company v. Astra Construction & Design
6784S-Coss
1
PROOF OF SERVICE
1 SERVICE LIST
2 Allstate Insurance Company v. Astra Construction & Design
6784S-Coss
3
4 William Kronenberg, Esq.
Dominc Ripoli, Esq.
5 KRONENBERG LAW PC
1 Kaiser Plaza, Suite 1675
6 Oakland, CA 94612-3699
7 Telephone: (510) 254-6767
Facsimile: (510) 788-4092
8 Email: wkronenberg@krolaw.com;
dripoli@krolaw.com;
9 amarion@krolaw.com
10
Counsel for Defendant ASTRA
11 CONSTRUCTION & DESIGN
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
PROOF OF SERVICE
EXHIBIT B
1 William S. Kronenberg (SBN 133730)
Flavio G.Z. Fonseca (SBN 341809)
2 KRONENBERG LAW PC
1 Kaiser Plaza, Suite 1675
3 Oakland, CA 94612-3699
Telephone: (510) 254-6767
4 Facsimile: (510) 788-4092
wkronenberg@krolaw.com
5 ffonseca@krolaw.com
6 Attorneys for Defendant,
ASTRA CONSTRUCTION & DESIGN
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
COUNTY OF PLACER
9
ALLSTATE INSURANCE COMPANY, Case No.: S-CV-0047953
10
Plaintiff, DEFENDANT ASTRA CONSTRUCTION
11 v. & DESIGN’S RESPONSES TO
PLAINTIFF’S SUPPLEMENTAL
12 ASTRA CONSTRUCTION & DESIGN, and INTERROGATORIES, SET ONE
DOES 1 to 20,
13
Defendants.
14
15
PROPOUNDING PARTY: Defendant ASTRA CONSTRUCTION & DESIGN
16
RESPONDING PARY: Plaintiff ALLSTATE INSURANCE COMPANY
17
SET NUMBER: Supplemental (1)
18
Pursuant to Code of Civil Procedure section 2030.010, et seq., Defendant ASTRA
19
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. ) PLAINTIFF’S EX PARTE 14 ) APPLICATION FOR AN ORDER ASTRA CONSTRUCTION & DESIGN; and ) SHORTENING TIME ON 15 DOES 1-20, ) HEARING FOR PLAINTIFF’S ) MOTION TO COMPEL 16 Defendants. ) DEFENDANT ASTRA ) CONSTRUCTION & DESIGN’S 17 ) RESPONSE TO ) SUPPLEMENTAL 18 ) INTERROGATORIES, SET ONE ) and DECLARATION OF 19 ) AUDREY WESTERLUND IN ) SUPPORT THEREOF 20 ) ) Date: March 20, 2024 21 ) Time: 8:00 A.M. ) Location: Department 42 22 )_ ) 23 24 25 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: 26 PLEASE TAKE NOTICE that on March 20, 2024 at 8:00 a.m., or as soon thereafter as 27 the matter may be heard in Department 42 of this Court, located at 10820 Justice Center Drive, 28 Roseville, CA 95678, the Honorable Court presiding, Plaintiff Allstate Insurance Company 1 EX PARTE APPLICATION FOR ORDER SHORTENING TIME 1 (“Plaintiff”) will and hereby does apply Ex Parte for an Order to shorten the time for the Court 2 to hear Plaintiff’s Motion to Compel Defendant Astra Construction & Design (“Defendant”) to 3 Responses to Supplemental Interrogatories, Set One. A copy of this Motion is attached hereto as 4 Exhibit A. We are seeking the motion to be heard in advance of the trial date, and no later than 5 April 5, 2024. 6 This application is made on the ground that severe prejudice will result if the hearing date 7 is not advanced, as the trial date for this matter is set for April 22, 2024. Plaintiff has not received 8 verified responses to Supplemental Interrogatories, Set One. Plaintiff cannot proceed to trial 9 without the verified responses because the information and responses are crucial to the underlying 10 case and to avoid undue surprise, prejudice, and motions at the time of trial. 11 This Application will be based on Code of Civil Procedure §§ 1005 and 128 and California 12 Rules of Court, Rules 3.1200 - 3.1207. This application is made on the Memorandum of Points 13 and Authorities, the declaration of Audrey Westerlund attached hereto, and upon all papers and 14 pleadings on file herein and on such other oral and documentary evidence as may be presented at 15 the time of the hearing. 16 17 Dated: March 19, 2024 SCHROEDER LOSCOTOFF STEVENS LLP 18 19 20 By:________________________________ AMANDA R. STEVENS, ESQ. 21 AUDREY WESTERLUND, ESQ. Attorneys for Plaintiffs 22 Allstate Insurance Company 23 24 25 26 27 28 2 EX PARTE APPLICATION FOR ORDER SHORTENING TIME EXHIBIT A 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 ) PLAINTIFF ALLSTATE INSURANCE vs. ) COMPANY’S NOTICE OF MOTION 14 ) AND MOTION FOR AN ORDER ASTRA CONSTRUCTION & DESIGN; and ) COMPELLING DEFENDANT ASTRA 15 DOES 1-20, ) CONSTRUCTION & DESIGN’S ) 16 ) RESPONSE TO SUPPLEMENTAL Defendants. INTERROGATORIES, SET ONE ) 17 ) MONETARY SANCTIONS ) 18 ) Date: May 7, 2024 ) Time: 8:30 A.M. 19 ) Location: Department 42 ) 20 ) ) 21 22 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD HEREIN: 23 PLEASE TAKE NOTICE that on May 7, 2024, at 8:30 a.m. or as soon thereafter as the 24 matter may be heard, in Department 42 of the Superior Court of California, County of Placer, 25 located at 10820 Justice Center Drive, Roseville, CA 95678, Plaintiff Allstate Insurance Company 26 (“Allstate”) will, and hereby does, move the Court for an Order Compelling Defendant Astra 27 Construction & Design’s (“Astra”) Response to Supplemental Interrogatories, Set One a served 28 on February 13, 2024 (“Motion”). Furthermore, Allstate will, and hereby does, move the Court 1 PLAINTIFF ALLSTATE INSURANCE COMPANY’S NOTICE OF MOTION AND MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO SUPPLEMENTAL INTERROGATORIES, SET ONE MONETARY SANCTIONS 1 for an order requiring Astra to pay a monetary sanction to Allstate in the sum of $629.40 for the 2 reasonable expenses and attorney fees incurred by the moving party in connection with this 3 proceeding. 4 This Motion is made pursuant to Code of Civil Procedure § 2030.290(b). On March 11, 5 2024, Astra served unverified responses to Allstate’s Supplemental Interrogatories, Set One. 6 “Unsworn responses are tantamount to no response at all.” Appleton v. Superior Court, (1988) 7 206 Cal.App.3d 632, 636. Allstate’s counsel has notified Astra’s counsel on multiple occasions 8 that Astra failed to properly respond to Allstate’s Supplemental Interrogatories, Set One, by 9 serving unverified responses. 10 This Motion will be based on this Notice of Motion and Motion, Memorandum of Points 11 and Authorities, the Declaration of Audrey Westerlund, the records on file herein, and any other 12 oral or written evidence as may be presented at the hearing. 13 Concurrently herewith, Allstate is filing the following motions: (1) Motion for and Order 14 Establishing the Truth of Each Matter Specified in Plaintiff’s Requests for Admission, Set Two 15 be Deemed Admitted and Monetary Sanctions; (2) Motion for an Order Compelling Defendant 16 Astra Construction & Design’s Response to Requests for Production, Set Two and Monetary 17 Sanctions; (3) Motion for an Order Compelling Defendant Astra Construction & Design’s 18 Response to Form Interrogatories, Set Two; and (4) Defendant Astra Construction & Design’s 19 Response to Supplemental Request for Production of Documents, Set One. 20 21 Dated: March 18, 2024 SCHROEDER LOSCOTOFF STEVENS LLP 22 23 24 By:________________________________ AMANDA R. STEVENS, ESQ. 25 AUDREY WESTERLUND, ESQ. Attorneys for Plaintiffs 26 Allstate Insurance Company 27 28 2 PLAINTIFF ALLSTATE INSURANCE COMPANY’S NOTICE OF MOTION AND MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO SUPPLEMENTAL INTERROGATORIES, SET ONE MONETARY SANCTIONS 1 PROOF OF SERVICE 2 I am employed in the County of Yolo, State of California and am over the age of 18 and am not a party to the within entitled action. My business address is 502 Mace Boulevard, Suite 11, Davis, CA 3 95618. 4 On Monday, March 18, 2024, I served the foregoing document(s), PLAINTIFF ALLSTATE INSURANCE COMPANY’S NOTICE OF MOTION AND 5 MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO SUPPLEMENTAL INTERROGATORIES, SET ONE 6 MONETARY SANCTIONS to all interested parties, as listed on the attached service list, by placing a true and correct copy 7 thereof, through the means designated below: 8 [ ] FAX – by transmitting via facsimile the document(s) listed above to the fax number(s) set forth on 9 the attached service list on this date before 5:00 p.m. (PST). 10 [X] ELECTRONIC TRANSMISSION - by e-mailing the document(s) to the person(s) at the e-mail address(es) listed on the attached service list as, during the COVID-19 pandemic, the majority of this 11 office will be working remotely and is therefore primarily using electronic mail. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable 12 time after the transmission. 13 [ ] MAIL – by placing the document(s) listed above in a sealed envelope with postage thereon fully 14 prepaid, in the United States Mail at Sacramento, California. [Courtesy Copy] 15 [ ] OVERNIGHT MAIL – by sending the document(s) listed above in a sealed overnight mail envelope with the overnight mail company, , to the 16 person(s) at the address(es) listed on the attached service list. 17 [ ] PERSONAL DELIVERY – by personally delivering the document(s) listed above to the person(s) 18 at the address(es) set forth on the attached service list. 19 [ ] DELIVERY BY ANOTHER - by causing personal delivery by of the document(s) listed above to the person(s) at the address(es) set forth on the attached service 20 list. 21 I am "readily familiar" with the firm's practice of collection and processing correspondence 22 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Sacramento, California, in the ordinary course of business. I am 23 aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after the date of deposit for mailing an affidavit. 24 I declare under penalty of perjury under the laws of the State of California that the above is 25 true and correct and that this declaration was executed on Monday, March 18, 2024 at Sacramento, California. 26 _________________________________ 27 JADE NEACH 28 Allstate Insurance Company v. Astra Construction & Design 6784S-Coss 1 PROOF OF SERVICE 1 SERVICE LIST 2 Allstate Insurance Company v. Astra Construction & Design 6784S-Coss 3 4 William Kronenberg, Esq. Flavio G.Z. Fonseca, Esq. 5 KRONENBERG LAW PC 1 Kaiser Plaza, Suite 1675 6 Oakland, CA 94612-3699 7 Telephone: (510) 254-6767 Facsimile: (510) 788-4092 8 Email: wkronenberg@krolaw.com; ffonseca@krolaw.com; 9 pyanes@krolaw.com 10 Counsel for Defendant ASTRA 11 CONSTRUCTION & DESIGN 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 PROOF OF SERVICE 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. ) PLAINTIFF ALLSTATE INSURANCE 14 ) COMPANY’S MEMORANDUM OF ASTRA CONSTRUCTION & DESIGN; and ) POINTS AND AUTHORITIES IN 15 DOES 1-20, ) SUPPORT OF ITS MOTION FOR AN ) ORDER COMPELLING DEFENDANT 16 Defendants. ) ) ASTRA CONSTRUCTION & 17 ) DESIGN’S RESPONSE TO ) SUPPLEMENTAL 18 ) INTERROGATORIES, SET ONE AND ) MONETARY SANCTIONS 19 ) ) Date: May 7, 2024 20 ) Time: 8:30 A.M. ) Location: Department 42 21 ) ) 22 ) ) 23 24 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: 25 COMES NOW Plaintiff Allstate Insurance Company (“Allstate”), by and through its 26 counsel of record, and moves for an Order Compelling Defendant Astra Construction & Design’s 27 (“Astra”) Response to Supplemental Interrogatories, Set One and Monetary Sanctions. 28 1 PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO SUPPLEMENTAL INTERROGATORIES, SET ONE AND MONETARY SANCTIONS 1 I. FACTUAL BACKGROUND 2 This is a subrogation action arising out of damage to the property located at 5408 Granite 3 Grove Way, Granite Bay, CA 95746. Allstate filed its Complaint on January 31, 2022 against 4 Astra. (Decl. of AW, ¶ 2). 5 On January 23, 2024, Allstate served its Supplemental Interrogatories, Set One, with a 6 response deadline of February 23, 2024. (Decl. of AW, ¶ 3). True and correct copies of those 7 requests are attached to the Declaration of Audrey Westerlund as Exhibits A and are incorporated 8 herein by reference. (Decl. of AW, ¶ 3). Astra requested an extension of two weeks on the day 9 responses were due, February 23, 2024. Allstate granted a one-week extension due to the need 10 for such responses to complete expert discovery making responses due March 4, 2024. (Decl. of 11 AW, ¶ 4). Astra requested a second extension on March 4, 2024, making responses due on March 12 11, 2024. (Decl. of AW, ¶ 5). On March 11, 2024, Astra served its Responses to Allstate’s 13 Supplemental Interrogatories, Set One, which responses contained more than just objections, but 14 failed to include a signed verification under oath. (Decl. of AW, ¶ 6). A true and correct copy of 15 the unverified responses to Allstate’s Supplemental Interrogatories, Set Two is attached to the 16 Declaration of Audrey Westerlund as Exhibit C, and is incorporated herein by reference. (Decl. 17 of AW, ¶ 6). 18 On March 12, 2024, Allstate’s counsel left a voicemail and emailed Astra’s counsel 19 notifying them of their failure to send verified Responses to Supplemental Interrogatories, Set 20 One. (Decl. of AW, ¶ 7). 21 After the prior attempts to follow-up on the outstanding discovery, on March 12, 22 Allstate’s counsel sent a formal written meet and confer letter to Astra’s counsel notifying them 23 of their failure to serve verified responses under oath to Allstate’s Supplemental Interrogatories, 24 Set One. (Decl. of AW, ¶ 8). After not receiving signed verification under oath as to its 25 Supplemental Interrogatories, Set One in response to its meet and confer letter, Allstate’s counsel 26 followed-up with Astra’s counsel via email on March 14, 2024 and email and voicemail on March 27 15, 2024 warning that Allstate’s deadline before it filed a motion was March 18, 2024, and Allstate 28 2 PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO SUPPLEMENTAL INTERROGATORIES, SET ONE AND MONETARY SANCTIONS 1 would be forced to file that motion if the responses and verifications were not timely served. (Decl. 2 of AW, ¶ 9). 3 As of the filing of this Motion, Astra has failed to timely produce verified responses under 4 oath to Allstate’s Supplemental Interrogatories, Set One (Decl. of AW, ¶ 11). 5 Accordingly, Allstate moves this Court for an order compelling Astra to serve verified 6 responses sworn under oath and free of objections to Supplemental Interrogatories, Set One. 7 Allstate further moves the Court for monetary sanctions against Astra in the amount of $629.40 8 to be paid to Allstate as reimbursement for the reasonable expenses and fees incurred in 9 connection with this proceeding. (Decl. of AW, ¶ 12). 10 11 II. LEGAL ARGUMENT 12 A. Failure to Timely Serve Verified Responses Under Oath 13 Pursuant to Code of Civil Procedure § 2030.250(a): “The party to whom the 14 interrogatories are directed shall sign the response under oath, unless the response contains only 15 objections.” “Unsworn responses are tantamount to no response at all.” Appleton v. Superior 16 Court, (1988) 206 Cal.App.3d 632, 636. Pursuant to Code of Civil Procedure § 2030.290(a), if 17 a party to whom interrogatories have been directed fails to serve a timely response, that party 18 thereby waives any objection to the requests, including one based on privilege or on the 19 protection for work product. Additionally, if a party to whom interrogatories have been directed 20 fails to serve a timely response, the requesting party may move for an order compelling response 21 to the interrogatories. Code of Civil Procedure § 2030.290(b). It is a misuse of the discovery 22 process to fail to respond to an authorized method of discovery. Code of Civil Procedure § 23 2023.010(d). A motion to compel responses for failure to provide responses is not subject to the 24 same 45-day time limit or meet and confer requirements of a motion to compel further responses, 25 nor does the moving party have to demonstrate good cause. Sinaiko Healthcare Consulting, Inc. 26 v. Pacific Healthcare Consultants, (2007) 148 Cal.App.4th 390, 404. 27 In the instant case, Allstate served its Supplemental Interrogatories, Set One on Astra on 28 January 23, 2024 with an agreed upon service deadline of March 11, 2024. Astra failed to serve 3 PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO SUPPLEMENTAL INTERROGATORIES, SET ONE AND MONETARY SANCTIONS 1 verified responses under oath, which is tantamount to not serving responses at all. While the 2 Appleton case specifically deals with requests for admission, the logic behind the decision carries 3 over to interrogatories. Without providing sworn verifications as to interrogatory responses, the 4 information in those responses cannot be relied upon to be true, accurate, and inclusive of all 5 information available to the responding party. Despite Allstate’s counsel reaching out on multiple 6 occasions via email and phone, Astra has failed to provide verified responses as of the filing of 7 this Motion. 8 Astra has failed to timely serve verified responses under oath to Allstate’s Supplemental 9 Interrogatories, Set One. Pursuant to California law, Allstate moves the Court for an order 10 compelling Astra to serve verified responses under oath and free from objections to its 11 Supplemental Interrogatories, Set One. 12 B. Monetary Sanction for Failure to Respond 13 Allstate also moves the court to impose a monetary sanction on Astra should it oppose 14 this motion. Allstate is entitled to seek monetary sanctions pursuant to Code of Civil Procedure 15 § 2030.290(c), which states: “The court shall impose a monetary sanction under Chapter 7 16 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully 17 makes or opposes a motion to compel a response to interrogatories, unless it finds that the one 18 subject to the sanction acted with substantial justification or that other circumstances make the 19 imposition of the sanction unjust.” “If a party fails to serve a timely response, and the propounding 20 party move for an obtains a court order compelling a response, the trial court must impose a 21 monetary sanction against the delinquent party unless that party acted with ‘substantial 22 justification’ or the sanction would otherwise be unjust.” Sinaiko, supra 148 Cal.App.4th at 404 23 (emphasis added). 24 “The court may impose a monetary sanction ordering that one engaging in the misuse of 25 the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, 26 including attorney's fees, incurred by anyone as a result of that conduct. . .” Code of Civil 27 Procedure § 2023.030(a). “If a monetary sanction is authorized by any provision of this title, the 28 court shall impose that sanction unless it finds that the one subject to the sanction acted with 4 PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO SUPPLEMENTAL INTERROGATORIES, SET ONE AND MONETARY SANCTIONS 1 substantial justification or that other circumstances make the imposition of the sanction unjust.” 2 California Code of Civil Procedure §2023.030(a); Ghanooni v. Super Shuttle (1993) 20 Cal. App. 3 4th 256, 260-261; 24 Cal. Rptr. 2d 501, 503-585. 4 The nature of the monetary sanction available under California Code of Civil Procedure 5 Section 2023.030(a) is similar to the awards that may be imposed under Code of Civil Procedure 6 Sections 473 and 1024, and serves a similar purpose, that is, to compensate for expenses incurred; 7 thus, the court may award a reasonable amount to compensate a party for his or her expenses 8 incurred and is not limited to the costs that might properly be taxed against the losing party after 9 the trial of the action. See Rosen v. Superior Court (1966) 244 Cal. App. 2d 586, 593-596. The 10 value of an attorney's services is a matter with which a judge must necessarily be familiar. When 11 the court is informed of the extent and nature of such services, its own experience furnishes it 12 with every element necessary to fix their value. Bacon v. Bacon (1948) 32 Cal. 2d 131, 143; 13 Spencer v. Collins (1909) 156 Cal. 298, 307. 14 Astra has misused the discovery process by failing to timely serve verified responses 15 under oath to Allstate’s Supplemental Interrogatories, Set One, despite receiving two time 16 extensions and being given every opportunity to comply with the requests. There is no legitimate 17 justification or circumstance for the failure to provide verified responses. Allstate is attempting to 18 narrow the issues and evaluate the merits of the case for trial on April 22, 2024. Therefore, 19 Allstate requests the Court impose monetary sanctions against Astra in the amount of $629.40. 20 III. CONCLUSION 21 For the above-stated reasons, Plaintiff Allstate Insurance Company respectfully requests 22 the Court issue an order compelling Defendant Astra Construction & Design’s verified response 23 under oath and free of objection to Allstate’s Supplemental Interrogatories, Set One. Plaintiff 24 Allstate Insurance Company further requests the Court impose monetary sanctions against 25 Defendant Astra Construction & Design in the amount of $629.40 for the reasonable expenses and 26 attorney fees incurred in connection with this proceeding. This Motion is made on the grounds that 27 the Supplemental Interrogatories, Set One are relevant to the subject matter of this action, and that 28 Defendant Astra Construction & Design has failed to timely serve verified responses under oath. 5 PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO SUPPLEMENTAL INTERROGATORIES, SET ONE AND MONETARY SANCTIONS 1 /// 2 Dated: March 18, 2024 SCHROEDER LOSCOTOFF STEVENS LLP 3 4 5 By:________________________________ AMANDA R. STEVENS, ESQ. 6 AUDREY WESTERLUND, ESQ. Attorneys for Plaintiffs 7 Allstate Insurance Company 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE TO SUPPLEMENTAL INTERROGATORIES, SET ONE AND MONETARY SANCTIONS 1 PROOF OF SERVICE 2 I am employed in the County of Yolo, State of California and am over the age of 18 and am not a party to the within entitled action. My business address is 502 Mace Boulevard, Suite 11, Davis, CA 3 95618. 4 On Monday, March 18, 2024, I served the foregoing document(s), PLAINTIFF ALLSTATE INSURANCE COMPANY’S MEMORANDUM OF POINTS 5 AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR AN ORDER COMPELLING DEFENDANT ASTRA CONSTRUCTION & DESIGN’S RESPONSE 6 TO SUPPLEMENTAL INTERROGATORIES, SET ONE AND MONETARY SANCTIONS 7 to all interested parties, as listed on the attached service list, by placing a true and correct copy 8 thereof, through the means designated below: 9 [ ] FAX – by transmitting via facsimile the document(s) listed above to the fax number(s) set forth on the attached service list on this date before 5:00 p.m. (PST). 10 [X] ELECTRONIC TRANSMISSION - by e-mailing the document(s) to the person(s) at the e-mail 11 address(es) listed on the attached service list as, during the COVID-19 pandemic, the majority of this office will be working remotely and is therefore primarily using electronic mail. No electronic 12 message or other indication that the transmission was unsuccessful was received within a reasonable 13 time after the transmission. 14 [ ] MAIL – by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States Mail at Sacramento, California. [Courtesy Copy] 15 [ ] OVERNIGHT MAIL – by sending the document(s) listed above in a sealed overnight mail 16 envelope with the overnight mail company, , to the person(s) at the address(es) listed on the attached service list. 17 18 [ ] PERSONAL DELIVERY – by personally delivering the document(s) listed above to the person(s) at the address(es) set forth on the attached service list. 19 [ ] DELIVERY BY ANOTHER - by causing personal delivery by of 20 the document(s) listed above to the person(s) at the address(es) set forth on the attached service list. 21 22 I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day 23 with postage thereon fully prepaid at Sacramento, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or 24 postage meter date is more than one day after the date of deposit for mailing an affidavit. 25 I declare under penalty of perjury under the laws of the State of California that the above is true and correct and that this declaration was executed on Monday, March 18, 2024 at Sacramento, 26 California. 27 _________________________________ JADE NEACH 28 Allstate Insurance Company v. Astra Construction & Design 6784S-Coss 1 PROOF OF SERVICE 1 SERVICE LIST 2 Allstate Insurance Company v. Astra Construction & Design 3 6784S-Coss 4 William Kronenberg, Esq. 5 Flavio G.Z. Fonseca, Esq. KRONENBERG LAW PC 6 1 Kaiser Plaza, Suite 1675 7 Oakland, CA 94612-3699 Telephone: (510) 254-6767 8 Facsimile: (510) 788-4092 Email: wkronenberg@krolaw.com; 9 ffonseca@krolaw.com; 10 pyanes@krolaw.com 11 Counsel for Defendant ASTRA CONSTRUCTION & DESIGN 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 PROOF OF SERVICE 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 SUPPLEMENTAL 18 ) INTERROGATORIES, SET ONE ) 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 SUPPLEMENTAL INTERROGATORIES, SET ONE 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 January 23, 2024, Allstate served its Supplemental Interrogatories, Set One on 6 Astra, with a response deadline of March 15, 2024. True and correct copies of that request is 7 attached hereto as Exhibit A and are incorporated herein by reference. 8 4. On February 23, 2024, Astra’s counsel requested a two-week extension. I advised 9 their responses were need for expert discovery and grated a one-week extension, making their 10 responses due March 4, 2024. 11 5. On March 4, 2024, Astra’s counsel requested a one-week extension, making their 12 responses due March 11, 2024. 13 6. On March 11, 2024, Astra served its Responses to Allstate’s Supplemental 14 Interrogatories, Set One, which responses contained more than just objections, but failed to 15 include a signed verification under oath. A true and correct copy of those responses is attached 16 hereto as Exhibit B and are incorporated herein by reference. 17 7. On March 12, 2024, my office emailed and left a voicemail for Astra’s counsel 18 regarding the unverified responses. 19 8. On March 12, 2024, Amanda Stevens, Esq., sent a formal written meet and confer 20 letter to Astra’s counsel notifying them of their failure to serve verified responses under oath to 21 Allstate’s Supplemental Interrogatories, Set One. A true and correct copy of that letter is attached 22 hereto as Exhibit C and is incorporated herein by reference. 23 9. After not receiving a signed verification under oath in response to the meet and 24 confer letter, I followed-up with Astra’s counsel via voicemail on March 15, 2024, warning that 25 Allstate’s deadline before it filed a motion was March 18, 2024, and Allstate would be forced to 26 file that motion if the responses and verifications were not timely served. 27 10. Astra’s counsel called back and said he did not yet have signed verifications and 28 was unable to confirm when signed verifications would be provided. 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 SUPPLEMENTAL INTERROGATORIES, SET ONE AND MONETARY SANCTIONS 1 11. As of the filing of Allstate’s Motion, Astra has failed to timely produce verified 2 responses to Allstate’s Supplemental Interrogatories, Set One. 3 12. As a result of Astra’s failure to provide verified responses under oath, Allstate has 4 incurred and will incur reasonable costs and attorneys’ fees in connection with this Motion and 5 the hearing thereon, totaling $629.40, which consists of the following: 6 • Motion Fee : $60.00 7 • eFiling Charge : $14.95 8 • Convenience Fee : $1.95 9 • Vcourt Remote Appearance : $27.50 10 • Motion Preparation – 1.5 hours : $525.00 11 • Attorney Fees at $350.00 per hour 12 • Hearing Argument - 0.5 hours : $0.00 13 • Attorney Fees at $350.00 per hour 14 • Cost covered by other concurrently filed/heard Motion 15 TOTAL : $629.40 16 17 18 I declare under the penalty of perjury under the laws of the State of California that the 19 foregoing is true and correct. Executed on March 18, 2024 at Sacramento, California. 20 _______________________________ 21 Audrey Westerlund 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 SUPPLEMENTAL INTERROGATORIES, SET ONE AND MONETARY SANCTIONS EXHIBIT A 1 Amanda R. Stevens, Esq. (SBN 252350) astevens@calsubro.com 2 Nicole Vales, Esq. (SBN 328338) 3 nvales@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 ALLSTATE INSURANCE COMPANY 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 10 FOR THE COUNTY OF PLACER 11 ALLSTATE INSURANCE COMPANY, ) Case No.: S – CV- 0047953 ) 12 Plaintiff, ) 13 ) PLAINTIFF ALLSTATE v. ) INSURANCE COMPANY’S 14 ) SUPPLEMENTAL ASTRA CONSTRUCTION & DESIGN; ) INTERROGATORY TO 15 and DOES 1 to 20, ) DEFENDANT ASTRA ) CONSTRUCTION & DESIGN, 16 Defendants. ) SET ONE 17 18 PROPOUNDING PARTY : ALLSTATE INSURANCE COMPANY 19 20 RESPONDING PARTY : ASTRA CONSTRUCTION & DESIGN 21 SET NO. : ONE 22 Plaintiff ALLSTATE INSURANCE COMPANY hereby requests that Defendant 23 ASTRA CONSTRUCTION & DESIGN answer in writing and under oath, pursuant to Code 24 of Civil Procedure sections 2030.070, the following supplemental interrogatory, within thirty 25 (30) days. 26 SUPPLEMENTAL INTERROGATORY 27 Pursuant to California Code of Civil Procedure section 2030.070(a), please review your 28 responses to all interrogatories previously served upon you by any party in this action. If for any 1 PLAINTIFF ALLSTATE INSURANCE COMPANY’S SUPPLEMENTAL INTERROGATORY TO DEFENDANT ASTRA CONSTRUCTION & DESIGN, SET ONE 1 reason any of those responses to any of the interrogatories are no longer correct and/or complete, 2 or you have acquired additional information since responding to those interrogatories bearing on 3 responses previously given, please identify in a verified response and set forth the information 4 you have acquired since the date of your prior response and/or whatever information is necessary 5 to make the response correct and/or complete as of this date. 6 7 8 Dated: January 23, 2024 SCHROEDER LOSCOTOFF STEVENS LLP 9 10 By:________________________________ 11 AMANDA R. STEVENS, ESQ. NICOLE VALES, ESQ. 12 Attorneys for Plaintiff ALLSTATE INSURANCE COMPANY 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 PLAINTIFF ALLSTATE INSURANCE COMPANY’S SUPPLEMENTAL INTERROGATORY TO DEFENDANT ASTRA CONSTRUCTION & DESIGN, SET ONE 1 PROOF OF SERVICE 2 I am employed in the County of Yolo, State of California and am over the age of 18 and am not a party to the within entitled action. My business address is 502 Mace Boulevard, Suite 11, Davis, CA 3 95618. 4 On Tuesday, January 23, 2024, I served the foregoing document(s), 5 PLAINTIFF ALLSTATE INSURANCE COMPANY’S SUPPLEMENTAL INTERROGATORY TO DEFENDANT ASTRA CONSTRUCTION & DESIGN, SET 6 ONE 7 to all interested parties, as listed on the attached service list, by placing a true and correct copy thereof, through the means designated below: 8 [ ] FAX – by transmitting via facsimile the document(s) listed above to the fax number(s) set forth on 9 the attached service list on this date before 5:00 p.m. (PST). 10 [X] ELECTRONIC TRANSMISSION - by e-mailing the document(s) to the person(s) at the e-mail 11 address(es) listed on the attached service list as, during the COVID-19 pandemic, the majority of this office will be working remotely and is therefore primarily using electronic mail. No electronic 12 message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. 13 [ ] MAIL – by placing the document(s) listed above in a sealed envelope with postage thereon fully 14 prepaid, in the United States Mail at Sacramento, California. [Courtesy Copy] 15 [ ] OVERNIGHT MAIL – by sending the document(s) listed above in a sealed overnight mail 16 envelope with the overnight mail company, , to the person(s) at the address(es) listed on the attached service list. 17 [ ] PERSONAL DELIVERY – by personally delivering the document(s) listed above to the person(s) 18 at the address(es) set forth on the attached service list. 19 [ ] DELIVERY BY ANOTHER - by causing personal delivery by of the document(s) listed above to the person(s) at the address(es) set forth on the attached service 20 list. 21 I am "readily familiar" with the firm's practice of collection and processing correspondence 22 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Sacramento, California, in the ordinary course of business. I am 23 aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after the date of deposit for mailing an affidavit. 24 25 I declare under penalty of perjury under the laws of the State of California that the above is true and correct and that this declaration was executed on Tuesday, January 23, 2024 at Sacramento, 26 California. 27 _________________________________ ALEXANDRA CASTRO 28 Allstate Insurance Company v. Astra Construction & Design 6784S-Coss 1 PROOF OF SERVICE 1 SERVICE LIST 2 Allstate Insurance Company v. Astra Construction & Design 6784S-Coss 3 4 William Kronenberg, Esq. Dominc Ripoli, Esq. 5 KRONENBERG LAW PC 1 Kaiser Plaza, Suite 1675 6 Oakland, CA 94612-3699 7 Telephone: (510) 254-6767 Facsimile: (510) 788-4092 8 Email: wkronenberg@krolaw.com; dripoli@krolaw.com; 9 amarion@krolaw.com 10 Counsel for Defendant ASTRA 11 CONSTRUCTION & DESIGN 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 PROOF OF SERVICE EXHIBIT B 1 William S. Kronenberg (SBN 133730) Flavio G.Z. Fonseca (SBN 341809) 2 KRONENBERG LAW PC 1 Kaiser Plaza, Suite 1675 3 Oakland, CA 94612-3699 Telephone: (510) 254-6767 4 Facsimile: (510) 788-4092 wkronenberg@krolaw.com 5 ffonseca@krolaw.com 6 Attorneys for Defendant, ASTRA CONSTRUCTION & DESIGN 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF PLACER 9 ALLSTATE INSURANCE COMPANY, Case No.: S-CV-0047953 10 Plaintiff, DEFENDANT ASTRA CONSTRUCTION 11 v. & DESIGN’S RESPONSES TO PLAINTIFF’S SUPPLEMENTAL 12 ASTRA CONSTRUCTION & DESIGN, and INTERROGATORIES, SET ONE DOES 1 to 20, 13 Defendants. 14 15 PROPOUNDING PARTY: Defendant ASTRA CONSTRUCTION & DESIGN 16 RESPONDING PARY: Plaintiff ALLSTATE INSURANCE COMPANY 17 SET NUMBER: Supplemental (1) 18 Pursuant to Code of Civil Procedure section 2030.010, et seq., Defendant ASTRA 19