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DeMaria Law Firm, APC
Anthony N. DeMaria, #177894
ademaria@demarialawfirm.com
Brian K. Chin, #333976
bchin@demarialawfirm.com
1684 W. Shaw Ave., Suite 101
Fresno, California 93711
Telephone: (559) 206-2410
Facsimile: (559) 570-0126
Attorneys for Defendants, DISTINCTIVE
PROPERTIES PROPERTY MANAGEMENT
COMPANY, JOEL CRAWLEY, and
CHRISTINE CRAWLEY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF KERN
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12 ABRAHAM VAUGHN Case No. BCV-22-102953
13 Plaintiff, DECLARATION OF BRIAN K. CHIN IN
SUPPORT OF DEFENDANTS’
14 Vv. OPPOSITION TO PLAINTIFF’S
MOTION TO COMPEL DEFENDANT
15 DISTINCTIVE PROPERTIES PROPERTY JOEL CRAWLEY’S FURTHER
MANAGMEMENT COMPANY, JOEL RESPONSES TO PLAINTIFF’S FORM
16 CRAWLEY and CHRISTINE CRAWLEY INTERROGATORIES, SET ONE
and DOES 1-100 inclusive,
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Defendants.
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I, BRIAN CHIN, do hereby declare:
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1 I am an attorney duly admitted to practice before the Courts of the State of California
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and before this Court. I am an associate attorney of DeMaria Law Firm, A.P.C., attorneys of record
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for Defendants, DISTINCTIVE PROPERTIES PROPERTY MANAGEMENT COMPANY, JOEL
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CRAWLEY, and CHRISTINE CRAWLEY, in the above-entitled action. The following facts are
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within my personal knowledge and, if called as a witness herein, I can and will competently testify
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thereto.
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2 This declaration is submitted in support of Defendants, DISTINCTIVE PROPERTIES
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PROPERTY MANAGEMENT COMPANY, JOEL CRAWLEY, and CHRISTINE CRAWLEY’s,
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DECLARATION OF BRIAN K. CHIN IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION TO
COMPEL DEFENDANT JOEL CRAWLEY’S FURTHER RESPONSES TO PLAINTIFF’S FORM INTERROGATORIES, SET
ONE.
Opposition to Plaintiff's Motion to Compel Defendant JOEL CRAWLEY’s Further Responses to
Plaintiff's Form Interrogatories, Set One.
3 On or about December 13, 2023, Plaintiff served Form Interrogatories, Set One, on
Defendant JOEL CRAWLEY. A true and correct copy is attached as Exhibit (“Ex.”) A.
4 On or about January 30, 2024, Defendant JOEL CRAWLEY served responses to
Plaintiff's Form Interrogatories, Set One. A true and correct copy is attached as Ex. B.
5 On or about February 6, 2024, Plaintiff's Counsel sent a meet and confer
correspondence requesting further responses to Plaintiff’ s Form Interrogatories, Set One, and Request
for Admission, Set One. A true and correct copy is attached as Ex. C.
10 6. On or about February 8, 2024, I sent an email requesting a phone call to discuss
11 Plaintiffs requests for further discovery responses. A true and correct copy is attached as Ex. D.
12 7. On or about February 9, 2024, through February 15, 2024, I met and conferred with
13 Plaintiffs Counsel on these issues, reviewed Plaintiff's position, provided further authority in support
14 of Defendants’ position, and agreed to amend Defendant’s discovery responses. The parties continued
15 their meet and confer efforts through March 26, 2024. A true and correct copy of email exchanges
16 from February 9, 2024, to March 26, 2024, is attached as Ex. E.
17 8 On or about March 13, 2024, Defendant JOEL CRAWLEY served Amended
18 Responses to Plaintiffs Form Interrogatories, Set One. A true and correct copy is attached as Ex. F.
19 9 Despite Defense Counsel’s ongoing good faith effort to meet and confer on these
20 issues, agreement to amend responses, and subsequent amendment of said discovery responses,
21 Plaintiff still proceeded to file the instant, unwarranted Motion to Compel. A true and correct copy is
22 attached as Ex. F.
23 10. Due to Plaintiff's failure to negotiate these matters in good faith, as required by law,
24 I have had to draft this motion and supporting documents. In all, I have expended approximately
25 2.5 hours in pursuit of this matter, including drafting this opposition. My hourly billing rate is
26 $165.00. Therefore, Defendant requests that Plaintiff, Abraham Vaughn, and his counsel, FISHER
27 & TALWAR, be ordered to pay monetary sanctions to DeMaria Law Firm, A.P.C. in the sum of
28 $412.50 for the time required in drafting this oppesition and supporting documents.
DECLARATION OF BRIAN K. CHIN IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFF'S MOTION TO
COMPEL DEFENDANT JOEL CRAWLEY’S FURTHER RESPONSES TO PLAINTIFF’S FORM INTERROGATORIES, SET
ONE.
I declare under penalty of perjury under the laws of the State of California that the forgoing
is true and correct and that this declaration was executed by me on March 27, 2024, at Fresno,
California.
—
By:
Briarf. Chin
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DECLARATION OF BRIAN K. CHIN IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFFS MOTION TO
COMPEL DEFENDANT JOEL CRAWLEY’S FURTHER RESPONSES TO PLAINTIFF’S FORM INTERROGATORIES, SET
ONE.
Exhibit “A”
DISC-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address):
Vibhu Talwar, 206710
Fisher & Talwar, PLC 801 S. Grand Avenue, 11th Floor
LA, CA 90017
TELEPHONE NO: 213-891-0777
FAX NO. (Optional: 213-891-0775
E-MAIL ADDRESS (Optional): vt@fishertalwar.com
|ATTORNEY FOR (Name): Abraham Vaughn
[SUPERIOR COURT OF CALIFORNIA, COUNTY OF Kern
[SHORT TITLE OF CASE:
Vaughn v. Distinctive Properties et al.
FORM INTERROGATORIES—GENERAL CASE NUMBER:
BCV-22-102953
Asking Party: Abraham Vaughn
Answering Party: Joel Crawleyh and Christine Crawley
Set No.: One
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 fo 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.
telating to interrogatories nor do they affect an answering
Party's right to assert any privilege or make any objection. (e) Whenever an interrogatory may be answered by
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 $25,000. Separate interrogatories, Form
Interrogatories—Limited Civil Cases (Economic Litigation) Whenever an address and telephone number for the
(form DISC-004), which have no subparts, are designed for same person are requested in more than one interrogatory,
use in limited civil cases where the amount demanded Is you are required to furnish them in answering only the first
$25,000 or less; however, those interrogatories may also be interrogatory asking for that information.
used in unlimited civil cases. (9) If you are asserting a privilege or making an objection to
(b) Check the box next to each interrogatory that you want an interrogatory, you must specifically assert the privilege or
the answering party to answer. Use care in choosing those state the objection in your written response.
interrogatories that are applicable to the case.
(c) You may insert your own definition of INCIDENT in (h) Your answers to these interrogatories must be verified,
Section 4, but only where the action arises from a course of dated, and signed. You may wish to use the following form at
the end of your answers:
conduct or a series of events occurring over a period of time.
| declare under penalty of perjury under the laws of the
(a) The interrogatories in section 16.0, Defendant's State of California that the foregoing answers are true and
Contentions—Personal Injury, should not be used until the
defendant has had a reasonable opportunity to conduct an correct.
investigation or discovery of plaintiff's injuries and damages.
(Date) (SIGNATURE)
(e) Additional interrogatories may be attached.
Sec. 4. Definitions
Sec. 3. Instructions to the Answering Party
Words in BOLDFACE CAPITALS in these interrogatories are
(a) An answer or other appropriate response must be defined as follows:
given to each interrogatory checked by the asking party.
(a) (Check one of the following):
(b) As a general rule, within 30 days after you are served
with these interrogatories, you must serve your responses on (Gq) (1) INCIDENT includes the circumstances and
the asking party and serve copies of your responses on all events surrounding the alleged accident, injury, or
other parties to the action who have appeared. See Code of other occurrence or breach of contract giving rise to
Civil Procedure sections 2030.260-2030.270 for details. this action or proceeding.
Page 10f8
Form Approved for Optional Use FORM INTERROGATORIES—GENERAL Coda of Civil Procedure, §§
Judicial Council of California 2030,010-2020,410, 2033.710
DISC-001 (Rev, January 1, 2008) wwnw.courts.ca.gov
DISC-001
[1] (2) INCIDENT means (insert your definition here or 1.0 Identity of Persons Answering These interrogatories
on a separate, attached sheet labeled “Sec.
(Gq) 1.1 State the name, ADDRESS, telephone number, and
4(a)(2)'): 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 (-) 2.1 State:
includes you, your agents, your employees, your insurance (a) your name;
companies, their agents, their employees, your attorneys, your
accountants, your investigators, and anyone else acting on (b) every name you have used in the past; and
your behalf, (c) the dates you used each name.
(c) PERSON includes a natural person, firm, association, [1 2.2 State the date and place of your birth.
organization, partnership, business, trust, limited liability [1] 2.3 Atthe time of the INCIDENT, did you have a driver's
company, corporation, or public entity. 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
recording upon any tangible thing and form of communicating (d) all restrictions.
or representation, including letters, words, pictures, sounds, or [1 2.4 Atthe time of the INCIDENT, did you have any other
symbols, or combinations of them. permit or license for the operation of a motor vehicle? If so,
) HEALTH CARE PROVIDER includes any PERSON state:
referred to in Code of Civil Procedure section 667.7(e)(3). (a) the state or other issuing entity;
@ ADDRESS means the street address, including the city, (b) the license number and type;
state, and zip code. (c) the date of issuance; and
Sec. 5. Interrogatories (d) all restrictions,
(=) 2.5 State:
The following interrogatories have been approved by the Judicial
Council under Code of Civil Procedure section 2033.710: (a) your present residence ADDRESS;
(b) your residence ADDRESSES for the past five years;
CONTENTS an
1.0 Identity of Persons Answering These interrogatories (c) the dates you lived at each ADDRESS.
2.0 General Background Information—Individual 2 2.6 State:
3.0 General Background Information—Business Entity
(a) the name, ADDRESS, and telephone number of your
4.0 Insurance
present employer or place of self-employment; and
5.0 [Reserved]
6.0 Physical, Mental, or Emotional Injuries (b) the name, ADDRESS, dates of employment, job title,
7.0 Property Damage and nature of work for each employer or self-
8.0 Loss of Income or Earning Capacity employment you have had from five years before the
9.0 Other Damages INCIDENT until today.
10.0 Medical Histor
11.0 Other Claims and Previous Claims
(3 27 state:
12.0 Investigation—General (a) the name and ADDRESS of each school or other
13.0 Investigation—Surveillance academic or vocational institution you have attended,
14.0 Statutory or Regulatory Violations beginning with high school;
15,0 Denials and Special or Affirmative Defenses (b) the dates you attended;
16.0 Defendant's Contentions Personal Injury (c) the highest grade level you have completed; and
17.0 Responses to Request for Admissions +
18.0 [Reserved] (d) the degrees received. :
19.0 [Reserved] [) 2.8 Have you ever been convicted of a felony? If so, for
20.0 How the Incident Occurred—Motor Vehicle each conviction state:
25.0 [Reserved] (a) the city and state where you were convicted;
30.0 [Reserved] (b) the date of conviction;
40.0 [Reserved]
50.0 Contract (c) the offense; and
60.0 [Reserved] (d) the court and case number.
70.0 Unlawful Detainer [See separate form DISC-003] (J 2.9 Can you speak English with ease? If not, what
101.0 Economic Litigation [See separate form DISC-004] language and dialect do you normally use?
200.0 Employment Law [See separate form DISC-002] Family [5 2.10 Can you read and write English with ease? If not,
Law [See separate form FL-145] what language and dialect do you normally use?
DISC-001 (Rev, January 1, 2008] Page 20f8
FORM INTERROGATORIES—GENERAL
DISC-001
[1 2.11 Atthe time of the INCIDENT were you acting as an (22) 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 venturer; and
[1] 2.12 At the time of the INCIDENT did you or any other (d) the ADDRESS of the principal place of business.
person have any physical, emotional, or mental disability or
condition that may have contributed to the occurrence of the [5€] 3.5 Are you an unincorporated association? If so, state:
INCIDENT? If so, for each person state: (a) the current unincorporated association name;
(a) the name, ADDRESS, and telephone number; (b) all other names used by the unincorporated association
(b) the nature of the disability or condition; and during the past 10 years and the dates each was used;
(c) the manner in which the disability or condition and
contributed to the occurrence of the INCIDENT. (c) the ADDRESS of the principal place of business.
[) 2.13 Within 24 hours before the INCIDENT did you or any [2] 3.6 Have you done business under a fictitious name during
person involved in the INCIDENT use or take any of the the past 10 years? If so, for each fictitious name state:
following substances: alcoholic beverage, marijuana, or
other drug or medication of any kind (prescription or not)? If (a) the name;
so, for each person state: (b) the dates each was used;
(a) the name, ADDRESS, and telephone number; (c) the state and county of each fictitious name filing; and
(b) the nature or description of each substance; (d) the ADDRESS of the principal place of business.
(co) the quantity of each substance used or taken; [£2] 3.7 Within the past five years has any public entity
(a) the date and time of day when each substance was used registered or licensed your business? If so, for each
or taken; license or registration:
(e) the ADDRESS where each substance was used or (a) identify the license or registration;
taken;
(b) state the name of the public entity; and
( the name, ADDRESS, and telephone number of each
Person who was present when each substance was used (c) state the dates of issuance and expiration.
or taken; and 4.0 Insurance
(g) the name, ADDRESS, and telephone number of any [52] 4.1 At the time of the INCIDENT, was there in effect any
HEALTH CARE PROVIDER who prescribed or furnished policy of insurance through which you were or might be
the substance and the condition for which it was insured in any manner (for example, primary, pro-rata, or
prescribed or furnished, excess liability coverage or medical expense coverage) for
3.0 General Background Information—Business Entity the damages, claims, or actions that have arisen out of the
([<] 3.1 Are you a corporation? If so, state: INCIDENT? If so, for each policy state:
{a) the name stated in the current articles of incorporation; (a) the kind of coverage;
(b) all other names used by the corporation during the past (b) the name and ADDRESS of the insurance company;
10 years and the dates each was used;
(co) the name, ADDRESS, and telephone number of each
(c) the date and place of incorporation; named insured;
(a) the ADDRESS of the principal place of business; and (d) the policy number;
(e) whether you are qualified to do business in California.
3.2 Are you a partnership? If so, state: (e) the limits of coverage for each type of coverage con-
tained in the policy;
(a) the current partnership name;
(b) all other names used by the partnership during the past ( whether any reservation of rights or controversy or
coverage dispute exists between you and the insurance
10 years and the dates each was used; company; and
(c) whether you are a limited partnership and, if so, under
() the name, ADDRESS, and telephone number of the
the laws of what jurisdiction; custodian of the policy.
(a) the name and ADDRESS of each general partner; and
[7] 4.2 Are you self-insured under any statute for the damages,
(e) the ADDRESS of the principal place of business. claims, or actions that have arisen out of the INCIDENT? If
3.3 Are you a limited liability company? If so, state: 0, specify the statute.
(a) the name stated in the current articles of organization; 5.0 [Reserved]
(b) all other names used by the company during the past 10 6,0 Physical, Mental, or Emotional Injuries
years and the date each was used;
6.1 Do you attribute any physical, mental, or emotional
(e) the date and place of filing of the articles of organization; injuries to the INCIDENT? (if your answer is “no,” do not
(a) the ADDRESS of the principal place of business; and answer interrogatories 6.2 through 6.7).
(e) whether you are qualified to do business in California. [) 6.2 Identify each injury you attribute to the INCIDENT and
the area of your body affected.
DISC-001 [Rev, Jenuery 1, 2008] FORM INTERROGATORIES—GENERAL Page 3of6
DISC-001
[1 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
HEALTH CARE PROVIDER for any injury you attribute to (a) the name, ADDRESS, and telephone number of the
the INCIDENT? If so, for each HEALTH CARE PROVIDER PERSON who prepared it and the date prepared;
state:
(b) the name, ADDRESS, and telephone number of each
(@) the name, ADDRESS, and telephone number; PERSON who has a copy of it; and
(b) the type of consultation, examination, or treatment (c) the amount of damage stated.
provided;
(c) the dates you received consultation, examination, or [] 7.3 Has any item of property referred to in your answer to
treatment; and interrogatory 7.1 been repaired? If so, for each item state:
(d) the charges to date. (a) the date repaired;
[J 6.5 Have you taken any medication, prescribed or not, as a (b) a description of the repair;
result of injuries that you attribute to the INCIDENT? If so,
for each medication state: (c) the repair cost;
(a) the name; (d) the name, ADDRESS, and telephone number of the
PERSON who repaired it;
(b) the PERSON who prescribed or furnished it;
(c)_ the date it was prescribed or furnished; (e) the name, ADDRESS, and telephone number of the
PERSON who paid for the repair.
(d) the dates you began and stopped taking it; and
8.0 Loss of Income or Earning Capacity
(e) the cost to date,
[] 6.6 Are there any other medical services necessitated by [) 8.1 Do you attribute any loss of income or earning capacity
the injuries that you attribute to the INCIDENT that were to the INCIDENT? (If your answeris “no,” do not answer
not previously listed (for example, ambulance, nursing, interrogatories 8.2 through 88).
prosthetics)? If so, for each service state: (4) 8.2 State:
(a) the nature; (a) the nature of your work;
(b) the date; (b) your
job title at the time of the INCIDENT; and
(c)_ the cost; and (c) the date your employment began.
(d) the name, ADDRESS, and telephone number
of each provider. [1] 8.3 State the last date before the INCIDENT that you
worked for compensation.
[J 67 Has any HEALTH CARE PROVIDER advised that you
may require future or additional treatment for any injuries (7) 8.4 State your monthly income at the time of the INCIDENT
that you attribute to the INCIDENT? If so, for each injury and how the amount was calculated.
state: [) 8.5 State the date you returned to work at each place of
(a) the name and ADDRESS of each HEALTH CARE employment following the INCIDENT.
PROVIDER;
[_) 8.6 State the dates you did not work and for which you lost
(b) the complaints for which the treatment was advised; and income as a result of the INCIDENT.
(c) the nature, duration, and estimated cost of the [_) 8,7 State the total income you have lost to date as a result
treatment. of the INCIDENT and how the amount was calculated.
7.0 Property Damage [J 8.8 Will you lose income in the future as a result of the
(] 7.1 Do you attribute any loss of or damage to a vehicle or INCIDENT? If so, state:
other property to the INCIDENT? If so, for each item of (a) the facts upon which you base this contention;
property:
(b) an estimate of the amount;
(a) describe the property;
(c) an estimate of how long you will be unable to work; and
(b) describe the nature and location of the damage to the
property, (a) how the claim for future income is calculated.
DISC-001 [Rev. January
1, 2008) FORM INTERROGATORIES—GENERAL Page 4of8
DISC-001
9.0 Other Damages (c) the court, names of the parties, and case number of any
action filed;
[J 9.1 Are there any other damages that you attribute to the
INCIDENT? If so, for each item of damage state: (d) the name, ADDRESS, and telephone number of any
attorney representing you;
(a) the nature; (e) whether the claim or action has been resolved or is
(b) the date it occurred; pending; and
(c) the amount; and
® a description of the injury.
(d) the name, ADDRESS, and telephone number of each
[J 11.2 In the past 10 years have you made a written claim or
demand for workers’ compensation benefits? If so, for each
PERSON to whom an obligation was incurred. claim or demand state:
[) 9.2 Do any DOCUMENTS support the existence or amount (a) the date, time, and place of the INCIDENT giving rise to
of any item of damages claimed in interrogatory 9.17 If so, the claim;
describe each document and state the name, ADDRESS, (b) the name, ADDRESS, and telephone number of your
and telephone number of the PERSON who has each employer at the time of the injury;
DOCUMENT.
(c) the name, ADDRESS, and telephone number of the
10.0 Medical History workers’ compensation insurer and the claim number;
(d) the period of time during which you received workers’
[_] 10.1 At any time before the INCIDENT did you have com- compensation benefits;
plaints or injuries that involved the same part of your body
claimed to have been injured in the INCIDENT? If so, for (e) a description of the injury;
each state: (f) the name, ADDRESS, and telephone number of any
(a) adescription of the complaint or injury; HEALTH CARE PROVIDER who provided services; and
(b) the dates it began and ended; and (9) the case number at the Workers’ Compensation
Appeals Board.
(c) the name, ADDRESS, and telephone number of each
HEALTH CARE PROVIDER whom you consulted or 12.0 Investigation—General
who examined or treated you.
[22 12.4 State the name, ADDRESS, and telephone number of
{] 10.2 List all physical, mental, and emotional disabilities you each individual:
had immediately before the INCIDENT. (You may omit (a) who witnessed the INCIDENT or the events occurring
mental or emotional disabilities unless you attribute any immediately before or after the INCIDENT;
mental or emotional injury to the INCIDENT. ) (b) who made any statement at the scene of the INCIDENT;
[) 10.3 At any time after the INCIDENT, did you sustain (c) who heard any statements made about the INCIDENT
injuries of the kind for which you are now claiming by any Individual at the scene; and
damages? If so, for each incident giving rise to an injury (d) who YOU OR ANYONE ACTING ON YOUR BEHALF
state: claim has knowledge of the INCIDENT (except for
(a) the date and the place it occurred; expert witnesses covered by Code of Civil Procedure
section 2034).
(b) the name, ADDRESS, and telephone number of any
other PERSON involved; [5¢] 12.2 Have YOU OR ANYONE ACTING ON YOUR
(c) the nature of any injuries you sustained; BEHALF Interviewed any individual concerning the
INCIDENT? If so, for each individual state:
(a) the name, ADDRESS, and telephone number of each (a) the name, ADDRESS, and telephone number of the
. HEALTH CARE PROVIDER who you consulted or who individual interviewed;
examined or treated you; and
(b) the date of the interview; and
(e) the nature of the treatment and its duration. (c) the name, ADDRESS, and telephone number of the
PERSON who conducted the interview.
11.0 Other Claims and Previous Claims
[4] 12.3 Have YOU OR ANYONE ACTING ON YOUR
[J 11.1 Except for this action, in the past 10 years have you BEHALF obtained a written or recorded statement from any
filed an action or made a written claim or demand for individual concerning the INCIDENT? If so, for each
compensation for your personal injuries? If so, for each statement state:
action, claim, or demand state: (a) the name, ADDRESS, and telephone number of the
(a) the date, time, and place and location (closest street individual from whom the statement was obtained;
ADDRESS or intersection) of the INCIDENT glving rise (b) the name, ADDRESS, and telephone number of the
to the action, claim, or demand; individual who obtained the statement;
(b) the name, ADDRESS, and telephone number of each (c) the date the statement was obtained; and-
PERSON against whom the claim or demand was made (d) the name, ADDRESS, and telephone number of each
or the action filed; PERSON who has the original statement or a copy.
DISC-001 [Rev. January 1, 2008) FORM INTERROGATORIES—GENERAL Page
6 of 8
DISC-001
[3€] 12.4 Do YOU OR ANYONE ACTING ON YOUR BEHALF (2) 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;
plaintiffs 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; (a) 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
(5) 14.1 Do YOU OR ANYONE ACTING ON YOUR BEHALF
(d) the name, ADDRESS, and telephone number of the contend that any PERSON involved in the INCIDENT
individual taking the photographs, films, or videotapes;
and
violated any statute, ordinance, or regulation and that the
violation was a legal (proximate) cause of the INCIDENT? If
(e) the name, ADDRESS, and telephone number of each 80, identify the name, ADDRESS, and telephone number of
PERSON who has the original or a copy of the each PERSON and the statute, ordinance, or regulation that
photographs, films, or videotapes. was violated.
[5¢] 12.5 Do YOU OR ANYONE ACTING ON YOUR BEHALF [2] 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 (L¢., 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 (a) 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: (5) 18.1 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
the PERSON who made the report; each:
(b) the date and type of report made; (a) state all facts upon which you base the denial or special
or affirmative defense;
(c) the name, ADDRESS, and telephone number of the
PERSON for whom the report was made; and (b) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of those facts;
(d) the name, ADDRESS, and telephone number of each and
PERSON who has the original or a copy of the report. (c) identify all DOCUMENTS and other tangible things that
[Ge] 12.7 Have YOU OR ANYONE ACTING ON YOUR support your denial or special or affirmative defense, and
BEHALF inspected the scene of the INCIDENT? If so, for state the name, ADDRESS, and telephone number of
each inspection state: the PERSON who has each DOCUMENT.
(a) the name, ADDRESS, and telephone number of the 16.0 Defendant's Contentions—Personal Injury
individual making the inspection (except for expert
[2] 16.1 Do you contend that any PERSON, other than you or
witnesses covered by Code of Civil Procedure
plaintiff, contributed to the occurrence of the INCIDENT or
sections 2034.210-2034.310); and
the injuries or damages claimed by plaintiff? If so, for each
(b) the date of the inspection. PERSON:
13.0 Investigation—Surveillance (a) state the name, ADDRESS, and telephone number of
(3€] 13.1 Have YOU OR ANYONE ACTING ON YOUR BEHALF the PERSON;
conducted surveillance of any individual involved in the (b) state all facts upon which you base your contention;
INCIDENT or any party to this action? If so, for each sur- (c)_ state the names, ADDRESSES, and telephone numbers
velllance state: of all PERSONS who have knowledge of the facts; and
(a) the name, ADDRESS, and telephone number of the
(d) identify all DOCUMENTS and other tangible things that
individual or party;
support your contention and state the name, ADDRESS,
and telephone number of the PERSON who has each
(b) the time, date, and place of the surveillance; DOCUMENT or thing.
(c) the name, ADDRESS, and telephone number of the [3€] 16.2 Do you contend that plaintiff was not injured in the
individual who conducted the surveillance; and INCIDENT? If so:
(d) the name, ADDRESS, and telephone number of each (a) state all facts upon which you base your contention;
PERSON who has the original or a copy of any (b) state the names, ADDRESSES, and telephone numbers
surveillance photograph, film, or videotape. of all PERSONS who have knowledge of the facts; and
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DeMaria Law Firm, APC Anthony N. DeMaria, #177894 ademaria@demarialawfirm.com Brian K. Chin, #333976 bchin@demarialawfirm.com 1684 W. Shaw Ave., Suite 101 Fresno, California 93711 Telephone: (559) 206-2410 Facsimile: (559) 570-0126 Attorneys for Defendants, DISTINCTIVE PROPERTIES PROPERTY MANAGEMENT COMPANY, JOEL CRAWLEY, and CHRISTINE CRAWLEY SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF KERN 11 12 ABRAHAM VAUGHN Case No. BCV-22-102953 13 Plaintiff, DECLARATION OF BRIAN K. CHIN IN SUPPORT OF DEFENDANTS’ 14 Vv. OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL DEFENDANT 15 DISTINCTIVE PROPERTIES PROPERTY JOEL CRAWLEY’S FURTHER MANAGMEMENT COMPANY, JOEL RESPONSES TO PLAINTIFF’S FORM 16 CRAWLEY and CHRISTINE CRAWLEY INTERROGATORIES, SET ONE and DOES 1-100 inclusive, 17 Defendants. 18 19 I, BRIAN CHIN, do hereby declare: 20 1 I am an attorney duly admitted to practice before the Courts of the State of California 21 and before this Court. I am an associate attorney of DeMaria Law Firm, A.P.C., attorneys of record 22 for Defendants, DISTINCTIVE PROPERTIES PROPERTY MANAGEMENT COMPANY, JOEL 23 CRAWLEY, and CHRISTINE CRAWLEY, in the above-entitled action. The following facts are 24 within my personal knowledge and, if called as a witness herein, I can and will competently testify 25 thereto. 26 2 This declaration is submitted in support of Defendants, DISTINCTIVE PROPERTIES 27 PROPERTY MANAGEMENT COMPANY, JOEL CRAWLEY, and CHRISTINE CRAWLEY’s, 28 DECLARATION OF BRIAN K. CHIN IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFF’S MOTION TO COMPEL DEFENDANT JOEL CRAWLEY’S FURTHER RESPONSES TO PLAINTIFF’S FORM INTERROGATORIES, SET ONE. Opposition to Plaintiff's Motion to Compel Defendant JOEL CRAWLEY’s Further Responses to Plaintiff's Form Interrogatories, Set One. 3 On or about December 13, 2023, Plaintiff served Form Interrogatories, Set One, on Defendant JOEL CRAWLEY. A true and correct copy is attached as Exhibit (“Ex.”) A. 4 On or about January 30, 2024, Defendant JOEL CRAWLEY served responses to Plaintiff's Form Interrogatories, Set One. A true and correct copy is attached as Ex. B. 5 On or about February 6, 2024, Plaintiff's Counsel sent a meet and confer correspondence requesting further responses to Plaintiff’ s Form Interrogatories, Set One, and Request for Admission, Set One. A true and correct copy is attached as Ex. C. 10 6. On or about February 8, 2024, I sent an email requesting a phone call to discuss 11 Plaintiffs requests for further discovery responses. A true and correct copy is attached as Ex. D. 12 7. On or about February 9, 2024, through February 15, 2024, I met and conferred with 13 Plaintiffs Counsel on these issues, reviewed Plaintiff's position, provided further authority in support 14 of Defendants’ position, and agreed to amend Defendant’s discovery responses. The parties continued 15 their meet and confer efforts through March 26, 2024. A true and correct copy of email exchanges 16 from February 9, 2024, to March 26, 2024, is attached as Ex. E. 17 8 On or about March 13, 2024, Defendant JOEL CRAWLEY served Amended 18 Responses to Plaintiffs Form Interrogatories, Set One. A true and correct copy is attached as Ex. F. 19 9 Despite Defense Counsel’s ongoing good faith effort to meet and confer on these 20 issues, agreement to amend responses, and subsequent amendment of said discovery responses, 21 Plaintiff still proceeded to file the instant, unwarranted Motion to Compel. A true and correct copy is 22 attached as Ex. F. 23 10. Due to Plaintiff's failure to negotiate these matters in good faith, as required by law, 24 I have had to draft this motion and supporting documents. In all, I have expended approximately 25 2.5 hours in pursuit of this matter, including drafting this opposition. My hourly billing rate is 26 $165.00. Therefore, Defendant requests that Plaintiff, Abraham Vaughn, and his counsel, FISHER 27 & TALWAR, be ordered to pay monetary sanctions to DeMaria Law Firm, A.P.C. in the sum of 28 $412.50 for the time required in drafting this oppesition and supporting documents. DECLARATION OF BRIAN K. CHIN IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFF'S MOTION TO COMPEL DEFENDANT JOEL CRAWLEY’S FURTHER RESPONSES TO PLAINTIFF’S FORM INTERROGATORIES, SET ONE. I declare under penalty of perjury under the laws of the State of California that the forgoing is true and correct and that this declaration was executed by me on March 27, 2024, at Fresno, California. — By: Briarf. Chin 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 DECLARATION OF BRIAN K. CHIN IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFFS MOTION TO COMPEL DEFENDANT JOEL CRAWLEY’S FURTHER RESPONSES TO PLAINTIFF’S FORM INTERROGATORIES, SET ONE. Exhibit “A” DISC-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): Vibhu Talwar, 206710 Fisher & Talwar, PLC 801 S. Grand Avenue, 11th Floor LA, CA 90017 TELEPHONE NO: 213-891-0777 FAX NO. (Optional: 213-891-0775 E-MAIL ADDRESS (Optional): vt@fishertalwar.com |ATTORNEY FOR (Name): Abraham Vaughn [SUPERIOR COURT OF CALIFORNIA, COUNTY OF Kern [SHORT TITLE OF CASE: Vaughn v. Distinctive Properties et al. FORM INTERROGATORIES—GENERAL CASE NUMBER: BCV-22-102953 Asking Party: Abraham Vaughn Answering Party: Joel Crawleyh and Christine Crawley Set No.: One 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 fo 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. telating to interrogatories nor do they affect an answering Party's right to assert any privilege or make any objection. (e) Whenever an interrogatory may be answered by 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 $25,000. Separate interrogatories, Form Interrogatories—Limited Civil Cases (Economic Litigation) Whenever an address and telephone number for the (form DISC-004), which have no subparts, are designed for same person are requested in more than one interrogatory, use in limited civil cases where the amount demanded Is you are required to furnish them in answering only the first $25,000 or less; however, those interrogatories may also be interrogatory asking for that information. used in unlimited civil cases. (9) If you are asserting a privilege or making an objection to (b) Check the box next to each interrogatory that you want an interrogatory, you must specifically assert the privilege or the answering party to answer. Use care in choosing those state the objection in your written response. interrogatories that are applicable to the case. (c) You may insert your own definition of INCIDENT in (h) Your answers to these interrogatories must be verified, Section 4, but only where the action arises from a course of dated, and signed. You may wish to use the following form at the end of your answers: conduct or a series of events occurring over a period of time. | declare under penalty of perjury under the laws of the (a) The interrogatories in section 16.0, Defendant's State of California that the foregoing answers are true and Contentions—Personal Injury, should not be used until the defendant has had a reasonable opportunity to conduct an correct. investigation or discovery of plaintiff's injuries and damages. (Date) (SIGNATURE) (e) Additional interrogatories may be attached. Sec. 4. Definitions Sec. 3. Instructions to the Answering Party Words in BOLDFACE CAPITALS in these interrogatories are (a) An answer or other appropriate response must be defined as follows: given to each interrogatory checked by the asking party. (a) (Check one of the following): (b) As a general rule, within 30 days after you are served with these interrogatories, you must serve your responses on (Gq) (1) INCIDENT includes the circumstances and the asking party and serve copies of your responses on all events surrounding the alleged accident, injury, or other parties to the action who have appeared. See Code of other occurrence or breach of contract giving rise to Civil Procedure sections 2030.260-2030.270 for details. this action or proceeding. Page 10f8 Form Approved for Optional Use FORM INTERROGATORIES—GENERAL Coda of Civil Procedure, §§ Judicial Council of California 2030,010-2020,410, 2033.710 DISC-001 (Rev, January 1, 2008) wwnw.courts.ca.gov DISC-001 [1] (2) INCIDENT means (insert your definition here or 1.0 Identity of Persons Answering These interrogatories on a separate, attached sheet labeled “Sec. (Gq) 1.1 State the name, ADDRESS, telephone number, and 4(a)(2)'): 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 (-) 2.1 State: includes you, your agents, your employees, your insurance (a) your name; companies, their agents, their employees, your attorneys, your accountants, your investigators, and anyone else acting on (b) every name you have used in the past; and your behalf, (c) the dates you used each name. (c) PERSON includes a natural person, firm, association, [1 2.2 State the date and place of your birth. organization, partnership, business, trust, limited liability [1] 2.3 Atthe time of the INCIDENT, did you have a driver's company, corporation, or public entity. 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 recording upon any tangible thing and form of communicating (d) all restrictions. or representation, including letters, words, pictures, sounds, or [1 2.4 Atthe time of the INCIDENT, did you have any other symbols, or combinations of them. permit or license for the operation of a motor vehicle? If so, ) HEALTH CARE PROVIDER includes any PERSON state: referred to in Code of Civil Procedure section 667.7(e)(3). (a) the state or other issuing entity; @ ADDRESS means the street address, including the city, (b) the license number and type; state, and zip code. (c) the date of issuance; and Sec. 5. Interrogatories (d) all restrictions, (=) 2.5 State: The following interrogatories have been approved by the Judicial Council under Code of Civil Procedure section 2033.710: (a) your present residence ADDRESS; (b) your residence ADDRESSES for the past five years; CONTENTS an 1.0 Identity of Persons Answering These interrogatories (c) the dates you lived at each ADDRESS. 2.0 General Background Information—Individual 2 2.6 State: 3.0 General Background Information—Business Entity (a) the name, ADDRESS, and telephone number of your 4.0 Insurance present employer or place of self-employment; and 5.0 [Reserved] 6.0 Physical, Mental, or Emotional Injuries (b) the name, ADDRESS, dates of employment, job title, 7.0 Property Damage and nature of work for each employer or self- 8.0 Loss of Income or Earning Capacity employment you have had from five years before the 9.0 Other Damages INCIDENT until today. 10.0 Medical Histor 11.0 Other Claims and Previous Claims (3 27 state: 12.0 Investigation—General (a) the name and ADDRESS of each school or other 13.0 Investigation—Surveillance academic or vocational institution you have attended, 14.0 Statutory or Regulatory Violations beginning with high school; 15,0 Denials and Special or Affirmative Defenses (b) the dates you attended; 16.0 Defendant's Contentions Personal Injury (c) the highest grade level you have completed; and 17.0 Responses to Request for Admissions + 18.0 [Reserved] (d) the degrees received. : 19.0 [Reserved] [) 2.8 Have you ever been convicted of a felony? If so, for 20.0 How the Incident Occurred—Motor Vehicle each conviction state: 25.0 [Reserved] (a) the city and state where you were convicted; 30.0 [Reserved] (b) the date of conviction; 40.0 [Reserved] 50.0 Contract (c) the offense; and 60.0 [Reserved] (d) the court and case number. 70.0 Unlawful Detainer [See separate form DISC-003] (J 2.9 Can you speak English with ease? If not, what 101.0 Economic Litigation [See separate form DISC-004] language and dialect do you normally use? 200.0 Employment Law [See separate form DISC-002] Family [5 2.10 Can you read and write English with ease? If not, Law [See separate form FL-145] what language and dialect do you normally use? DISC-001 (Rev, January 1, 2008] Page 20f8 FORM INTERROGATORIES—GENERAL DISC-001 [1 2.11 Atthe time of the INCIDENT were you acting as an (22) 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 venturer; and [1] 2.12 At the time of the INCIDENT did you or any other (d) the ADDRESS of the principal place of business. person have any physical, emotional, or mental disability or condition that may have contributed to the occurrence of the [5€] 3.5 Are you an unincorporated association? If so, state: INCIDENT? If so, for each person state: (a) the current unincorporated association name; (a) the name, ADDRESS, and telephone number; (b) all other names used by the unincorporated association (b) the nature of the disability or condition; and during the past 10 years and the dates each was used; (c) the manner in which the disability or condition and contributed to the occurrence of the INCIDENT. (c) the ADDRESS of the principal place of business. [) 2.13 Within 24 hours before the INCIDENT did you or any [2] 3.6 Have you done business under a fictitious name during person involved in the INCIDENT use or take any of the the past 10 years? If so, for each fictitious name state: following substances: alcoholic beverage, marijuana, or other drug or medication of any kind (prescription or not)? If (a) the name; so, for each person state: (b) the dates each was used; (a) the name, ADDRESS, and telephone number; (c) the state and county of each fictitious name filing; and (b) the nature or description of each substance; (d) the ADDRESS of the principal place of business. (co) the quantity of each substance used or taken; [£2] 3.7 Within the past five years has any public entity (a) the date and time of day when each substance was used registered or licensed your business? If so, for each or taken; license or registration: (e) the ADDRESS where each substance was used or (a) identify the license or registration; taken; (b) state the name of the public entity; and ( the name, ADDRESS, and telephone number of each Person who was present when each substance was used (c) state the dates of issuance and expiration. or taken; and 4.0 Insurance (g) the name, ADDRESS, and telephone number of any [52] 4.1 At the time of the INCIDENT, was there in effect any HEALTH CARE PROVIDER who prescribed or furnished policy of insurance through which you were or might be the substance and the condition for which it was insured in any manner (for example, primary, pro-rata, or prescribed or furnished, excess liability coverage or medical expense coverage) for 3.0 General Background Information—Business Entity the damages, claims, or actions that have arisen out of the ([<] 3.1 Are you a corporation? If so, state: INCIDENT? If so, for each policy state: {a) the name stated in the current articles of incorporation; (a) the kind of coverage; (b) all other names used by the corporation during the past (b) the name and ADDRESS of the insurance company; 10 years and the dates each was used; (co) the name, ADDRESS, and telephone number of each (c) the date and place of incorporation; named insured; (a) the ADDRESS of the principal place of business; and (d) the policy number; (e) whether you are qualified to do business in California. 3.2 Are you a partnership? If so, state: (e) the limits of coverage for each type of coverage con- tained in the policy; (a) the current partnership name; (b) all other names used by the partnership during the past ( whether any reservation of rights or controversy or coverage dispute exists between you and the insurance 10 years and the dates each was used; company; and (c) whether you are a limited partnership and, if so, under () the name, ADDRESS, and telephone number of the the laws of what jurisdiction; custodian of the policy. (a) the name and ADDRESS of each general partner; and [7] 4.2 Are you self-insured under any statute for the damages, (e) the ADDRESS of the principal place of business. claims, or actions that have arisen out of the INCIDENT? If 3.3 Are you a limited liability company? If so, state: 0, specify the statute. (a) the name stated in the current articles of organization; 5.0 [Reserved] (b) all other names used by the company during the past 10 6,0 Physical, Mental, or Emotional Injuries years and the date each was used; 6.1 Do you attribute any physical, mental, or emotional (e) the date and place of filing of the articles of organization; injuries to the INCIDENT? (if your answer is “no,” do not (a) the ADDRESS of the principal place of business; and answer interrogatories 6.2 through 6.7). (e) whether you are qualified to do business in California. [) 6.2 Identify each injury you attribute to the INCIDENT and the area of your body affected. DISC-001 [Rev, Jenuery 1, 2008] FORM INTERROGATORIES—GENERAL Page 3of6 DISC-001 [1 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 HEALTH CARE PROVIDER for any injury you attribute to (a) the name, ADDRESS, and telephone number of the the INCIDENT? If so, for each HEALTH CARE PROVIDER PERSON who prepared it and the date prepared; state: (b) the name, ADDRESS, and telephone number of each (@) the name, ADDRESS, and telephone number; PERSON who has a copy of it; and (b) the type of consultation, examination, or treatment (c) the amount of damage stated. provided; (c) the dates you received consultation, examination, or [] 7.3 Has any item of property referred to in your answer to treatment; and interrogatory 7.1 been repaired? If so, for each item state: (d) the charges to date. (a) the date repaired; [J 6.5 Have you taken any medication, prescribed or not, as a (b) a description of the repair; result of injuries that you attribute to the INCIDENT? If so, for each medication state: (c) the repair cost; (a) the name; (d) the name, ADDRESS, and telephone number of the PERSON who repaired it; (b) the PERSON who prescribed or furnished it; (c)_ the date it was prescribed or furnished; (e) the name, ADDRESS, and telephone number of the PERSON who paid for the repair. (d) the dates you began and stopped taking it; and 8.0 Loss of Income or Earning Capacity (e) the cost to date, [] 6.6 Are there any other medical services necessitated by [) 8.1 Do you attribute any loss of income or earning capacity the injuries that you attribute to the INCIDENT that were to the INCIDENT? (If your answeris “no,” do not answer not previously listed (for example, ambulance, nursing, interrogatories 8.2 through 88). prosthetics)? If so, for each service state: (4) 8.2 State: (a) the nature; (a) the nature of your work; (b) the date; (b) your job title at the time of the INCIDENT; and (c)_ the cost; and (c) the date your employment began. (d) the name, ADDRESS, and telephone number of each provider. [1] 8.3 State the last date before the INCIDENT that you worked for compensation. [J 67 Has any HEALTH CARE PROVIDER advised that you may require future or additional treatment for any injuries (7) 8.4 State your monthly income at the time of the INCIDENT that you attribute to the INCIDENT? If so, for each injury and how the amount was calculated. state: [) 8.5 State the date you returned to work at each place of (a) the name and ADDRESS of each HEALTH CARE employment following the INCIDENT. PROVIDER; [_) 8.6 State the dates you did not work and for which you lost (b) the complaints for which the treatment was advised; and income as a result of the INCIDENT. (c) the nature, duration, and estimated cost of the [_) 8,7 State the total income you have lost to date as a result treatment. of the INCIDENT and how the amount was calculated. 7.0 Property Damage [J 8.8 Will you lose income in the future as a result of the (] 7.1 Do you attribute any loss of or damage to a vehicle or INCIDENT? If so, state: other property to the INCIDENT? If so, for each item of (a) the facts upon which you base this contention; property: (b) an estimate of the amount; (a) describe the property; (c) an estimate of how long you will be unable to work; and (b) describe the nature and location of the damage to the property, (a) how the claim for future income is calculated. DISC-001 [Rev. January 1, 2008) FORM INTERROGATORIES—GENERAL Page 4of8 DISC-001 9.0 Other Damages (c) the court, names of the parties, and case number of any action filed; [J 9.1 Are there any other damages that you attribute to the INCIDENT? If so, for each item of damage state: (d) the name, ADDRESS, and telephone number of any attorney representing you; (a) the nature; (e) whether the claim or action has been resolved or is (b) the date it occurred; pending; and (c) the amount; and ® a description of the injury. (d) the name, ADDRESS, and telephone number of each [J 11.2 In the past 10 years have you made a written claim or demand for workers’ compensation benefits? If so, for each PERSON to whom an obligation was incurred. claim or demand state: [) 9.2 Do any DOCUMENTS support the existence or amount (a) the date, time, and place of the INCIDENT giving rise to of any item of damages claimed in interrogatory 9.17 If so, the claim; describe each document and state the name, ADDRESS, (b) the name, ADDRESS, and telephone number of your and telephone number of the PERSON who has each employer at the time of the injury; DOCUMENT. (c) the name, ADDRESS, and telephone number of the 10.0 Medical History workers’ compensation insurer and the claim number; (d) the period of time during which you received workers’ [_] 10.1 At any time before the INCIDENT did you have com- compensation benefits; plaints or injuries that involved the same part of your body claimed to have been injured in the INCIDENT? If so, for (e) a description of the injury; each state: (f) the name, ADDRESS, and telephone number of any (a) adescription of the complaint or injury; HEALTH CARE PROVIDER who provided services; and (b) the dates it began and ended; and (9) the case number at the Workers’ Compensation Appeals Board. (c) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER whom you consulted or 12.0 Investigation—General who examined or treated you. [22 12.4 State the name, ADDRESS, and telephone number of {] 10.2 List all physical, mental, and emotional disabilities you each individual: had immediately before the INCIDENT. (You may omit (a) who witnessed the INCIDENT or the events occurring mental or emotional disabilities unless you attribute any immediately before or after the INCIDENT; mental or emotional injury to the INCIDENT. ) (b) who made any statement at the scene of the INCIDENT; [) 10.3 At any time after the INCIDENT, did you sustain (c) who heard any statements made about the INCIDENT injuries of the kind for which you are now claiming by any Individual at the scene; and damages? If so, for each incident giving rise to an injury (d) who YOU OR ANYONE ACTING ON YOUR BEHALF state: claim has knowledge of the INCIDENT (except for (a) the date and the place it occurred; expert witnesses covered by Code of Civil Procedure section 2034). (b) the name, ADDRESS, and telephone number of any other PERSON involved; [5¢] 12.2 Have YOU OR ANYONE ACTING ON YOUR (c) the nature of any injuries you sustained; BEHALF Interviewed any individual concerning the INCIDENT? If so, for each individual state: (a) the name, ADDRESS, and telephone number of each (a) the name, ADDRESS, and telephone number of the . HEALTH CARE PROVIDER who you consulted or who individual interviewed; examined or treated you; and (b) the date of the interview; and (e) the nature of the treatment and its duration. (c) the name, ADDRESS, and telephone number of the PERSON who conducted the interview. 11.0 Other Claims and Previous Claims [4] 12.3 Have YOU OR ANYONE ACTING ON YOUR [J 11.1 Except for this action, in the past 10 years have you BEHALF obtained a written or recorded statement from any filed an action or made a written claim or demand for individual concerning the INCIDENT? If so, for each compensation for your personal injuries? If so, for each statement state: action, claim, or demand state: (a) the name, ADDRESS, and telephone number of the (a) the date, time, and place and location (closest street individual from whom the statement was obtained; ADDRESS or intersection) of the INCIDENT glving rise (b) the name, ADDRESS, and telephone number of the to the action, claim, or demand; individual who obtained the statement; (b) the name, ADDRESS, and telephone number of each (c) the date the statement was obtained; and- PERSON against whom the claim or demand was made (d) the name, ADDRESS, and telephone number of each or the action filed; PERSON who has the original statement or a copy. DISC-001 [Rev. January 1, 2008) FORM INTERROGATORIES—GENERAL Page 6 of 8 DISC-001 [3€] 12.4 Do YOU OR ANYONE ACTING ON YOUR BEHALF (2) 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; plaintiffs 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; (a) 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 (5) 14.1 Do YOU OR ANYONE ACTING ON YOUR BEHALF (d) the name, ADDRESS, and telephone number of the contend that any PERSON involved in the INCIDENT individual taking the photographs, films, or videotapes; and violated any statute, ordinance, or regulation and that the violation was a legal (proximate) cause of the INCIDENT? If (e) the name, ADDRESS, and telephone number of each 80, identify the name, ADDRESS, and telephone number of PERSON who has the original or a copy of the each PERSON and the statute, ordinance, or regulation that photographs, films, or videotapes. was violated. [5¢] 12.5 Do YOU OR ANYONE ACTING ON YOUR BEHALF [2] 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 (L¢., 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 (a) 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: (5) 18.1 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 the PERSON who made the report; each: (b) the date and type of report made; (a) state all facts upon which you base the denial or special or affirmative defense; (c) the name, ADDRESS, and telephone number of the PERSON for whom the report was made; and (b) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; (d) the name, ADDRESS, and telephone number of each and PERSON who has the original or a copy of the report. (c) identify all DOCUMENTS and other tangible things that [Ge] 12.7 Have YOU OR ANYONE ACTING ON YOUR support your denial or special or affirmative defense, and BEHALF inspected the scene of the INCIDENT? If so, for state the name, ADDRESS, and telephone number of each inspection state: the PERSON who has each DOCUMENT. (a) the name, ADDRESS, and telephone number of the 16.0 Defendant's Contentions—Personal Injury individual making the inspection (except for expert [2] 16.1 Do you contend that any PERSON, other than you or witnesses covered by Code of Civil Procedure plaintiff, contributed to the occurrence of the INCIDENT or sections 2034.210-2034.310); and the injuries or damages claimed by plaintiff? If so, for each (b) the date of the inspection. PERSON: 13.0 Investigation—Surveillance (a) state the name, ADDRESS, and telephone number of (3€] 13.1 Have YOU OR ANYONE ACTING ON YOUR BEHALF the PERSON; conducted surveillance of any individual involved in the (b) state all facts upon which you base your contention; INCIDENT or any party to this action? If so, for each sur- (c)_ state the names, ADDRESSES, and telephone numbers velllance state: of all PERSONS who have knowledge of the facts; and (a) the name, ADDRESS, and telephone number of the (d) identify all DOCUMENTS and other tangible things that individual or party; support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each (b) the time, date, and place of the surveillance; DOCUMENT or thing. (c) the name, ADDRESS, and telephone number of the [3€] 16.2 Do you contend that plaintiff was not injured in the individual who conducted the surveillance; and INCIDENT? If so: (d) the name, ADDRESS, and telephone number of each (a) state all facts upon which you base your contention; PERSON who has the original or a copy of any (b) state the names, ADDRESSES, and telephone numbers surveillance photograph, film, or videotape. of all PERSONS who have knowledge of the facts; and