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STEVEN A. BOOSKA SBN 107899 ELECTRONICALLY
ATTORNEY AT LAW FILED
PO BOX 2169 Supertor Court of Caltfomnia,
OAKLAND, CA 94621 County of San Francisco
Telephone: (415) 397-4345 08/21/2015
Facsimile: (415) 982-3440 Clerk of the Court
Attorney for Plaintiff By NCS River
Deputy Clerk
File No: 20140473
IN THE SUPERIOR COURT OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL DIVISION
HDM FURNITURE INDUSTRIES, INC., Case No.: CGC-15-544243
HERITAGE HOME P LLC
7 Hoe 7 DECLARATION OF STEVEN A. BOOSKA
IN SUPPORT OF MOTION FOR ORDER
COMPELLING RESPONSE TO
INTERROGATORIES AND FOR
SANCTIONS THEREON
Plaintiff,
vs.
VICTORIA L. CARD; VICTORIA L.
CARD INDIVIDUALLY AND DBA
PACIFIC HEIGHTS PLACE, et al.,
Date: October 7, 2015
Time: 9:30am
Dept: 302
Defendant Reservation No:08201007-06
I, STEVEN A. BOOSKA, declare as follows;
ae I am an attorney at law licensed to practice in all
courts of the State of California.
2. I am the attorney for plaintiff in the above-captioned
matter.
3. My office under my supervision served on defendant,
VICTORIA L. CARD; VICTORIA L. CARD INDIVIDUALLY AND DBA PACIFIC
HEIGHTS PLACE, a set of Form Interrogatories on April 20, 2015.
Copies of the interrogatories are attached hereto as Exhibit “A”
and incorporated herein.18
16
1?
4, On or about August 4, 2015, with the responses to the
interrogatories still not in my receipt, I wrote a letter to
defendant reminding her to respond to the discovery and giving
her ten days to forward the responses to my office. Said
correspondence is attached hereto as Exhibit ~ “ and
incorporated herein. As of this date of this Declaration, I have
not received any responses to the discovery and I have not heard
from defendant to discuss this matter.
5. My office bills at a rate of $300.00 per hour. My
office has expended two and a half hours in the preparation of
this motion. In additions, there is a $60.00 filing fee for the
hearing of this matter which brings the total costs associated
with this motion to $660.00.
I declare under penalty of perjury under the laws of the
State of California that the foregoing is within my personal
knowledge and is true and correct and if called upon to testify
I could competently do so.
Dated: August 21, 2015
STEVEN A. BOOSKA
Attorney at LawEXHIBIT ADISC-004
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, anc adress):
LSTEVEN A. BOOSKA
| STEVEN A. BOOSKA
ATTORNEY AT LAW
PO BOX 2169
OAKLAND CA 94621
TELEPHONENO; 415-397-4345
FAX NO. (Optionat}
E-MAIL ADDRESS /Optione).
ATTORNEY FOR (Name):
SBN 107893
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
SHORT TITLE OF CASE; HDM V. CARD
Asking Party: PLAINTIFF
Answering Party: DEFENDANT VICTORIA CARD
SetNo. 1
FORM INTERROGATORIES—GENERAL
CASE NUMBER:
CGC15544243
Sec. 1. _ Instructions to All Parties
(a) Interrogatories are written questions prepared by a party
to an action that are sent to any other party in the action to be
answered under oath. The interrogatories below are form
interrogatories approved for use in civil cases.
(b) For time limitations, requirements for service on other
parties, and other details, see Code of Civil Procedure
sections 2030.010-2030.410 and the cases construing those
sections.
(c) These form interrogatories do not change existing law
relating to interrogatories nor do they affect an answering
party's right fo assert any privilege or make any objection
Sec. 2. Instructions to the Asking Party
(a) These interrogatories are designed for optional use by
parties in unlimited civil cases where the amount demanded
exceeds $25,000. Separate interrogatories, Form
Interrogatories—Limited Civil Cases (Economic Litigation)
{form DISC-004), which have no subparts, are designed for
use in limited civil cases where the amount demanded is
$25,000 or less; however, those interrogatories may also be
used in unlimited civil cases.
(b) Check the box next to each interrogatory that you want
the answering party to answer, Use care in choosing those
interrogatories that are applicable to the case.
(c) You may insert your own definition of INCIDENT in
Section 4, but only where the action arises from a course of
conduct or a series of events occurring over a period of time.
(@) The interrogatories in section 16.0, Defendant's
Contentions—Personal Injury, should not be used until the
defendant has had a reasonable opportunity to conduct an
investigation or discovery of plaintiffs injuries and damages.
(e) Additional interrogatories may be attached.
Sec. 3. Instructions to the Answering Party
(a} An answer or other appropriate response must be
given to each interrogatory checked by the asking party.
(b) As a general rule, within 30 days after you are served
with these interrogatories, you musi serve your responses on
the asking party and serve copies of your responses on all
other parties to the action who have appeared. See Code of
Civil Procedure sections 2030.260-2030.270 for details.
(c) Each answer must be as compiete and straightforward
as the information reasonably available to you, including the
information possessed by your attorneys or agents, permits. If
an interrogatory cannot be answered completely, answer it to
the extent possible.
(d) If you do not have enough personal knowledge to fully
answer an interrogatory, say so, but make a reasonable and
good faith effort to get the information by asking other persons
or organizations, unless the information is equally available to
the asking party.
(@) Whenever an interrogatory may be answered by
referring to a document, the document may be attached as an
exhibit fo the response and referred to in the response. If the
document has more than one page, refer to the page and
section where the answer to the interrogatory can be found.
(f) Whenever an address and telephone number for the
same person are requested in more than one interrogatory,
you are required to furnish them in answering only the first
interrogatory asking for that information
(g) Ifyou are asserting a privilege or making an objection to
an interrogatory, you must specifically assert the privilege or
state the objection in your written response.
(h) Your answers to these interrogatories must be verified,
dated, and signed. You may wish to use the following form at
the end of your answers:
I declare under penalty of perjury under the laws of the
State of Califomia that the foregoing answers are true and
correct.
(DATE) (SIGNATURE)
Sec. 4. Definitions
Words in BOLDFACE CAPITALS in these interrogatories
are defined as follows:
(a) (Check one of the following):
XJ (41) INCIDENT includes the circumstances and
events surrounding the alleged accident, injury, or
other occurrence or breach of contract giving rise to
this action or proceeding. Pacesae
age
Farm Approved for Optiona Use
Judicial Council of Caltomia
DISC-001 [Rev. January 4, 2005)
FORM INTERROGATORIES—GENERAL
Cade of Civil Provedure,
§§ 2080,010-2080.410, 208.710(__] (2) INCIDENT mears (insert your definition here or
on a separaie, attached sheet labeled “Sec.
4fa)(2)")-
(b) YOU OR ANYONE ACTING ON YOUR BEHALF
includes you, your agents, your employees, your insurance
companies, their agents, their employees, your attorneys, your
accountants, your investigators, and anyone else acting on
your behalf.
(c) PERSON includes a natural person, firm, association,
organization, partnership, business, trust, limited tiability
company, corporation, or public entity.
(d) DOCUMENT means a writing, as defined in Evidence
Code section 250, and inciudes the original or a copy of
handwriting, typewriting, printing, photostats, photographs,
electronically stored information, and every other means of
recording upon any tangible thing and form of communicating
or representation, including letters, words, pictures, sounds, or
symbols, or combinations of them.
(e) HEALTH CARE PROVIDER includes any PERSON
referred io in Code of Civil Procedure section 687.7(€)(3).
(f) ADDRESS means the street address, including the city,
state, and zip code
Sec. 5. Interrogatories
The following interrogatories have beer: approved by the
Judicial Council under Code of Civil Procedure section 2033.710:
CONTENTS
4.0 Identity of Persons Answering These Interrogatories
2.0 General Background information—Iindividual
3.0 General Background Information—Business Entity
4.0 Insurance
6.0 [Reserved]
6.0 Physical, Mental, or Emotional Injuries
7.0 Property Damage
8.0 Loss of Income or Earning Capacity
9.0 Other Damages
140.0 Medical History
14.0 Other Claims and Previous Claims
42.0 Investigation — General
43.0 Investigation — Surveillance
14.0 Statutory or Regulatory Violations
45.0 Denials and Speciai or Affirmative Defenses
16.0 Defendant's Contentions Personal injury
17.0 Responses to Request for Admissions
18.0 [Reserved]
19.0 /Reserved]
20.0 How the Incident Occurred—Motor Vehicle
25.0 [Reserved]
30.0 [Reserved]
40.0 [Reserved]
60.0 Coniract
60.0 [Reserved]
70.0 Unlawful Delainer {See separate form DISC-003]
1401.0 Economic Litigation [See separate form DISC-004]
200.0 Employment Law [See separate form DISC-002]
Family Law {See separate form FL-145]
DISC-001
4.0 Identity of Persons Answering These Interrogatories
(J 1.1 State the name, ADDRESS, telephone number, and
relationship to you of each PERSON who prepared or
assisted in the preparation of the responses to these
interrogatories. (Do not identify anyone who simply typed or
reproduced the responses.)
General Background Information—individual
2.4 State:
(a) your name:
(b) every name you have used in the past; and
(c) the dates you used each name
2.2 State the date and place of your birth.
2.3 At the time of the INCIDENT, did you have a driver's
license? ! so, state:
(a) the state or other issuing entity;
(b) the license number and type;
(c) the date of issuance; and
(d) all restrictions.
a
2.4 At the time of the INCIDENT, did you have any other
permit or license for the operation of a motor vehicie? If so,
state:
(a) the state or other issuing entity;
(b) the license number and type;
(c) the date of issuance: and
(d) ail restrictions.
[Xx] 25 State:
(a) your present residence ADDRESS;
(b) your residence ADDRESSES for the past five years; and
(c) the dates you lived at each ADDRESS.
(x5 2.6 State:
(a) the name, ADDRESS, and telephone number of your
present employer or place of seif-empioyment; and
() the name, ADDRESS, dates of employment, job title,
and nature of work for each empioyer or
self-employment you have had from five years before
the INCIDENT untii today.
[xX] 2.7 State:
(a) the name and ADDRESS of each school or other
academic or vocational institution you have attended,
beginning with high school;
(po) the dates you attended;
(c) the highest grade levei you have completed; and
{d) the degrees received.
[X] 2.8 Have you ever been convicted of a felony? if so, for
each conviction state:
(a) the city and state where you were convicted;
(b) the date of conviction;
{c) the offense; and
(a) the court and case number.
{ 2.9 Can you speak English with ease? If not, what
language and dialect de you ncrmally use?
[7] 2.10 Can you read and write English with ease? Ifnot, what
language and dialect do you normally use?
DISG-051 (Rov. January 4, 2008]
FORM INTERROGATORIES—GENERAL Page 2 of 8[307 2.11 At the time of the INCIDENT were you acting as an
agent or ernployee for any PERSON? If so, state:
(a) the name, ADDRESS, and telephone number of that
PERSON: and
(b) a description of your duties.
[5c] 2.12 At the time of the INCIDENT did you or any other
person have any physicai, emotional, or mental disability or
condition that may have contributed to the occurrence of the
INCIDENT? If so, for each person state:
(a) the name, ADDRESS, and telephone number;
(b) the nature of the disability or condition; and
(ec) the manner in which the disability or condition
contributed to the occurrence of the INCIDENT.
[XJ 2.13 within 24 hours before the INCIDENT did you or any
person involved in the INCIDENT use or take any of the
following substances: alcoholic beverage, marijuana, or
other drug or medication of any kind (prescription or not)? If
so, for each person state:
(a) the name, ADDRESS, and telephone number;
(b) the nature or description of each substance,
(c) the quantity of each substance used or taken;
(cd) the date and time of day when each substance was used
or taken;
(e) the ADDRESS where each substance was used or
taken;
{f) the name, ADDRESS, and telephone number of each
person who was present when each substance was used
or taken; and
(g) the name, ADDRESS, and telephone number of any
HEALTH CARE PROVIDER who prescribed or furnished
the substance and the condition for which it was
prescribed or furnished.
3.0. General Background Information — Business Entity
£X'] 3.1 Are you a corporation? If so, state:
(a) the name stated in the current articles of incorporation;
(b) all other names used by the corporation during the past
40 years.and the dates each was used;
(c}_ the date and place of incorporation;
(d) the ADDRESS of the principal place of business; and
(e) whether you are qualified to do business in California.
3.2. Are you a partnership? If so, state:
(a) the current partnership name;
(b) all other names used by the partnership during the past
40 years and the dates each was used;
(c) whether you are a limited partnership and, if so, under
the laws of what jurisdiction;
(d) the name and ADDRESS of each general partner; and
(e) the ADDRESS of the principal place of business.
EX] 3.3 Are you a limited liability company? If so, state:
(a) the name stated in the current articles of organization;
(b) all other names used by the company during the past 10
years and the date each was used;
(c) the date and place of filing of the articles of organization;
(@} the ADDRESS of the principal place of business; and
(e) whether you are qualified to do business in California.
DISC-001
[1] 34 Are you a joint venture? If so, state:
(a) the current joint venture name;
(bd) all other names used by the joint venture during the
past 10 years and the dates each was used;
(c) the name and ADDRESS of each joint venturer; and
(d) the ADDRESS of the principal place of business.
[EJ 3.5 Are you an unincorporated association?
If so, state:
(a) ihe current unincorporated association name;
(b) all other names used by the unincorporated association
during the past 10 years and the dates each was used;
and
(c) the ADDRESS of the principa! place of business.
X] 3.6 Have you done business under a fictitious name during
the past 10 years? if so, for each fictitious name state:
(a) the name;
(b) the dates each was used;
(c) the state and county of each fictitious name filing; and
(d) the ADDRESS of the principal place of business.
3.7 Within the past five years has any public entity regis-
tered or licensed your business? If so, for each license or
registration:
(a) identify the license or registration;
(b} state the name of the public entity; and
(c) state the dates of issuance and expiration.
4.0 insurance
|] 4.1 At the time of the INCIDENT, was there in effect any
policy of insurance through which you were or might be
insured in any manner (for example, primary, pro-rata, or
excess liability coverage or medical expense coverage) for
the damages, claims, or actions that have arisen out of the
INCIDENT? If so, for each policy state:
(a) the king of coverage;
(b) the name and ADDRESS of the insurance company;
(c) the name, ADDRESS, and telephone number of each
named insured;
(d) the policy number;
(e) the limits of coverage for each type of coverage con-
tained in the policy;
(f} whether any reservation of rights or controversy or
coverage dispute exists between you and the insurance
company; anc
(g) the name, ADDRESS, and telephone number of the
custodian of the policy.
4.2 Are you self-insured under any statute for the damages,
claims, or actions that have arisen out of the INCIDENT? If
sa, specify the statute.
5.0 fReserved]
6.0 Physical, Mental, or Emotional Injuries
[_) 6.1 Do you attribute any physical, mental, or emotional
injuries to the INCIDENT? (if your answer is “no,” do not
answer interrogatories 6.2 through 6.7),
(1 62 identify each injury you attribute to the INCIDENT and
the area of your body affected.
DISC-001 [Rev, January 1, 2008}
FORM INTERROGATORIES—GENERAL
Page 3 of 6[<"] 6.3 Do you still have any complaints that you attribute to
the INCIDENT? If so, for each complaint state
(a) a description;
(b) whether the complaint is subsiding, remaining the same,
or becoming worse; and
(c) the frequency and duration
[7] 6.4Did you receive any consultation or examination
{except from expert witnesses covered by Code of Civil
Procedure sections 2034.210-2034.310) or treatment from a
HEALTH CARE PROVIDER for any injury you attribute to
the INCIDENT? If so. for each HEALTH CARE PROVIDER
state:
(a) the name, ADDRESS, and telephone number,
(b) the type of consultation, examination, or treatment
provided;
the dates you received consultation, examination, or
treatment; and
(d) the charges to date.
©
{_] 6.5 Have you taken any medication, prescribed or not, as a
resuit of injuries that you attribute to the INCIDENT? If so,
for each medication state:
(a) the name;
(b) the PERSON who prescribed or furnished it;
(c) the date it was prescribed or furnished;
(d) the dates you began and stopped taking it; and
(e) the cost to date.
[__] 6.6 Are there any other medical services necessitated by
the injuries that you attribute to the INCIDENT that were not
previously fisted (for example, ambulance, nursing,
prosthetics)? If so, for each service state:
(a) the nature;
(b} the date;
(c) the cost; and
(d) the name, ADDRESS, and telephone number
of each provider.
(CU 6.7 Has any HEALTH CARE PROVIDER advised that you
may require future or additional treatment for any injuries
that you attribute to the INCIDENT? /f so, for each injury
state:
(a) the name and ADDRESS of each HEALTH CARE
PROVIDER;
(b) the complaints for which the treatment was advised; and
(c) the nature, duration, and estimated cost of the treatment.
treatment.
7.0 Property Damage
[["] 7.1 Do yeu attribute any loss of or damage to a vehicie or
other property to the INCIDENT? if so, for each item of
property:
{a) describe the property;
(b) describe the nature and location of the damage to the
property;
DISC-001
(c) state the amount of damage you are claiming for each
item of property and how the amount was calculated; and
(d) if the property was sold, state the name, ADDRESS, and
telephone number of the seller, the date of sale, and the
sale price.
[__} 7.2 Has a written estimate or evaiuation been made for any
item of property referred to in your answer to the preceding
interrogatory? !f so, for each estimate or evaluation state:
(a) the name, ADDRESS, and telephone number of the
PERSON who prepared it and the date prepared;
(b) the name, ADDRESS, and telephone number of each
PERSON who has a copy of it; and
(c) the amount of damage stated.
(~* 7.3 Has any item of property referred to in your answer to
interrogatory 7.1 been repaired? If so, for each item state:
(a) the date repaired;
(b) a description of the repair;
(©) the repair cost;
(d) the name, ADDRESS, and telephone number of the
PERSON who repaired it;
(e) the name, ADDRESS, and telepnone number of the
PERSON who paid for the repair.
8.0 Loss of income or Earning Capacity
("| 8.4 Do you attribute any loss of income or earning capacity
to the INCIDENT? (/f your answer is "no," do not answer
interrogatories 8,2 through 8.8).
[5 8.2 Siate:
(a) the nature of your work;
(d} your job title at the time of the INCIDENT; and
(©) the date your employment began.
[7] 8.3 State the fast date before the INCIDENT that you
worked for compensation.
[([7] 84 State your monthly income at the time of the INCIDENT
and how the amount was calculated.
8.5 State the date you returned to work at each place of
employment following the INCIDENT.
L 8.6 State the dates you did not work and for which you lost
income as a result of the INCIDENT.
("8.7 State the totai income you have lost to date as a resuit
of the INCIDENT and how the amount was calculated.
(—] 8.8 Will you fose income in the future as a result of the
INCIDENT? If so, state:
(a) the facts upon which you base this contention;
(b) an estimate of the amount;
(c)_ an estimate of how Jong you will be unabie to work; and
(d) how the claim for future income is calculated.
DISC-501 (Rev. Janvary 1, 2008)
FORM INTERROGATORIES—GENERAL
Page 4 of89.0 Other Damages
co
94 Are there any other damages that you aitribute to the
INCIDENT? If so, for each item of damage state:
(a) the nature;
(b) the date it occurred;
(c) the amount; and
(d) the name, ADDRESS, and telephone number of each
PERSON to whom an obligation was incurred.
9.2 Do any DOCUMENTS support the existence or amount
of any item of damages claimed in interrogatory 9.1? If so,
describe each document and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT.
40.0 Medical History
Co
10.1 At any time before the INCIDENT did you have com-
piaints or injuries that involved the same part of your body
claimed to have been injured in the INCIDENT? If so, for
each state:
(a) a description of the compiaint or injury;
(b) the dates it began and ended; and
(©) the name, ADDRESS, and ielephone number of each
HEALTH CARE PROVIDER whom you consulted or
who examined or treated you.
10.2 List all physicai, mental, and emotional disabilities you
had immediately before the INCIDENT. (You may omit
mental or emotional disabilities unless you attribute any
mental or emotional injury to the INCIDENT.)
10.3 At any time after the INCIDENT, did you sustain
injuries of the kind for which you are now claiming
damages? If so, for each incident giving rise to an injury
State:
(a) the date and the place it occurred;
(b) the name, ADDRESS, and telephone number of any
other PERSON involved;
(c) the nature of any injuries you sustained;
(d) the name, ADDRESS, and telephone number of each
HEALTH CARE PROVIDER who you consulted or who
examined or treated you; and
(e) the nature of the treatment and its duration.
11.0 Other Claims and Previous Claims
CI
41.1 Except for this action, in the past 10 years have you
filed an action or made a written claim or demand for
compensation for your personal injuries? !f so, for each
action, claim, or demand state:
(a) the date, time, and place and location (closest street
ADDRESS or intersection) of the INCIDENT giving rise
to the action, claim, or demand;
(d) the name, ADDRESS, and telephone number of each
PERSON against whom the claim or demand was made
or the action filed;
[]
12.0
DISC-001
(c) the court, names of the parties, and case number of any
action filed,
(d) the name, ADDRESS, and telephone number af any
atlorney representing you;
(e) whether the claim or action has been resolved or is
pending; and
(4) a description of the injury.
14.2 inthe past 10 years have you made a written claim or
demand for workers’ compensation benefits? !f so, for each
claim or demand state:
(a) the date, time, and piace of the INCIDENT giving rise to
the claim;
(b) the name, ADDRESS, and telephone number of your
employer at the time of the injury;
(c) the name, ADDRESS, and telephone number of the
workers’ compensation insurer and the claim number,
(d) the period of time during which you received workers’
compensation benefits;
(e) a description of the injury;
() the name, ADDRESS, and telephone number of any
HEALTH CARE PROVIDER who provided services; and
(g) the case number at the Workers' Compensation Appeals
Board
Investigation—General
12.1 State the name, ADDRESS, and telephone number of
each individual:
{a) who witnessed the INCIDENT or the events occurring
immediately before or after the INCIDENT;
{b) who made any statement at the scene of the INCIDENT;
{c) who heard any statements made about the INCIDENT by
any individual at the scene; and
(a) who YOU OR ANYONE ACTING ON YOUR BEHALF
claim has knowledge of the INCIDENT (except for
expert witnesses covered by Code of Civil Procedure
section 2034),
12.2 Have YOU OR ANYONE ACTING ON YOUR
BEHALF interviewed any individuai concerning the
INCIDENT? If so, for each individual state:
(a) the name, ADDRESS, and telephone number of the
individual interviewed;
(b) the date of the interview; and
(c) the name, ADDRESS, and telephone number of the
PERSON who conducted the interview.
12.3 Have YOU OR ANYONE ACTING ON YOUR
BEHALF obtained a written or recorded statement from any
individual conceming the INCIDENT? If so, for each
statement state:
(a) the name, ADDRESS, and telephone number of the
individual from whom the statement was obtained;
{b) the name, ADDRESS, and telephone number of the
individual who obtained the statement;
(c) the date the statement was obtained; and
(d) the name, ADDRESS, and telephone number of each
PERSON who has the original statement or a copy.
BISG-O01 (Rev. Janvary 1, 2008)
FORM INTERROGATORIES—GENERAL
Page § of &(_-] 12.4 Do YOU OR ANYONE ACTING ON YOUR BEHALF
know of any photographs, films, or videotapes depicting any
place, object, or individual concerning the INCIDENT cr
piaintiffs injuries? If so, state:
{a) the number of photographs or feet of film or videotape;
(b) the places, objects, or persons photographed, filmed, or
videotaped;
(c) the date the photographs, films, or videotapes were
taken;
(d) the name, ADDRESS, and telephone number of the
individual taking the photographs, films, or videotapes;
and
(e) the name, ADDRESS, and telephone number of each
PERSON who has the original or a copy of the
photographs, films, or videotapes.
[-] 12.5 90 YOU OR ANYONE ACTING ON YOUR BEHALF
know of any diagram, reproduction, or model of any place or
thing (except for items developed by expert witnesses
covered by Code of Civil Procedure sections 2034.210-
2034.310) concerning the INCIDENT? /f so, for each item
state:
(a) the type (i.e. diagram, reproduction, or model);
(b) the subject matter; and
(c) the name, ADDRESS, and telephone number of each
PERSON who has it.
{312.6 Was a report made by any PERSON concerning the
INCIDENT? If so, state:
(a) the name, title, identification number, and employer of
the PERSON who made the report;
(b) the date and type of resort made;
(c) the name, ADDRESS, and telephone number of the
PERSON for whom the report was made; and
(d) the name, ADDRESS, and telephone number of each
PERSON who has the original or a copy of the report.
77) 12.7 Have YOU OR ANYONE ACTING ON YOUR
BEHALF inspected the scene of the INCIDENT? If so, for
each inspection state:
(a) the name, ADDRESS, and telephone number of the
individuai making the inspection (except for expert
witnesses covered by Code of Civil Procedure sections
2034.210-2034,.310); and
(b) the date of the inspection.
13.0 Investigation—Surveillance
(5 13.1 Have YOU OR ANYONE ACTING ON YOUR BEHALF
conducted surveillance of any individual involved in the
INCIDENT or any party to this action? If so, for each sur-
veillance state:
(a) the name, ADDRESS, and telephone number of the
individual or party:
{b) the time, date, and place of the surveillance;
(c) the name, ADDRESS, and telephone number of the
individual who conducted the surveillance: and
(d) the name, ADDRESS, and telephone number of each
PERSON who has the original or a copy of any
surveillance photograph, film, or videotape.
14.0
Ba
DISC-001
43.2 Has a written report been prepared on the
surveillance? If so, for each written report state:
(a) the title;
(b) the date;
(c) the name, ADDRESS, and telephone number of the
individual who prepared the report; and
(@) the name, ADDRESS, and telephone number of each
PERSON who has the original or a copy.
Statutory or Regulatory Violations
44.1. Do YOU OR ANYONE ACTING ON YOUR BEHALF
coniend that any PERSON involved in the INCIDENT
violated any statute, ordinance, or regulation and that the
violation was a fegal (proximate) cause of the INCIDENT? If
80, identify the name, ADDRESS, and telephone number of
each PERSON and the statute, ordinance, or regulation that
was violated.
14.2. Was any PERSON cited or charged with a violation of
any statute, ordinance, or regulation as a result of this
INCIDENT? If so, for each PERSON state:
(a) the name, ADDRESS, and telephone number of the
PERSON;
(b) the statute, ordinance, or reguiation allegedly violated;
(c) whether the PERSON entered a plea in response to the
citation or charge and, if so, the plea entered; and
(d) the name and ADDRESS of the court or administrative
agency, names of the parties, and case number.
Denials and Special or Affirmative Defenses
45.1. Identify each denial of a material allegation and each
special or affirmative defense in your pieadings and for
each:
(a) state ali facts upon which you base the denial or special
or affirmative defense;
{b) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of those facts;
and
(©) identify all DOCUMENTS and other tangible things that
support your denial or special or affirmative defense, and
state the name, ADDRESS, and telephone number of
the PERSON who has each DOCUMENT,
Defendant's Contentions—Personal Injury
146.1 Do you contend that any PERSON, other than you or
plaintiff, contributed to the occurrence of the INCIDENT or
the injuries or damages claimed by plaintiff? if so, for each
PERSON:
(a) state the name, ADDRESS, and telephone number of
the PERSON;
(0) state ail facts upon which you base your contention;
{c)_ siate the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of the facts; and
(d)_ identify ali DOCUMENTS and other tangible things that
support your contention and siate the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.
16.2 Do you contend that plaintiff was not injured in the
INCIDENT? If so:
(a) state all facts upon which you base your contention;
(b) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of the facts; and
(c)_ identify all DOCUMENTS and other tangible things that
support your contention and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing
DISC-001 (Rev. January 1, 2008; FORM INTERROGATORIES—GENERAL Page 6 of 8[] 16.3 De you contend that the injuries or the extent of the
injuries claimed by plaintiff as disclosed in discovery
proceedings thus far in this case were not caused by the
INCIDENT? If so, for each injury:
(a) identify it;
(b) state all facts upon which you base your contention;
(c) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of the facts: and
(d) identify al! DOCUMENTS and other tangible things that
support your contention and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.
[116.4 Do you contend that any of the services furnished by
any HEALTH CARE PROVIDER claimed by plaintiff in
discovery proceedings thus far in this case were not due to
the INCIDENT? If so:
(a) identify each service;
(b) state al! facts upon which you base your contention;
(c) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of the facts; and
(d) identify ali DOCUMENTS and other tangible things that
support your contention and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.
[-] 16.5 Do you contend that any of the costs of services
furnished by any HEALTH CARE PROVIDER claimed as
damages by plaintiff in discovery proceedings thus far in
this case were not necessary or unreasonable? If so:
{a) identify each cost;
(b) state all facts upon which you base your contention;
(c) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of the facts; and
(d) identify ali DOCUMENTS and other tangible things that
support your contention and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.
i 46.6 Do you contend that any part of the loss of earnings or
income ciaimed by plaintiff in discovery proceedings thus far
in this case was unreasonable or was not caused by the
INCIDENT? if so:
(a) identify each part of the loss;
(b) state all facts upon which you base your contention;
(c) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of the facts; and
(c) identify all DOCUMENTS and other tangible things that
support your contention and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.
[116.7 Do you contend that any of the property damage
claimed by plaintiff in discovery Proceedings thus far in this
case was not caused by the INCIDENT? If so:
(a) identify each item of property damage;
(b) state ali facts upon which you base your contention;
(c) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of the facts; and
(d) identify all DOCUMENTS and other tangible things that
support your contention and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.
J
Oo
17.0
Cx]
DISC-001
16.8 Do you contend that any of the costs of repairing the
property damage claimed by plaintiff in discovery
proceedings thus far in this case were unreasonable? If so:
(a) identify each cost item;
(b) state ail facts upon which you base your contention,
(©) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of the facts; and
(d) identify ail DOCUMENTS and other tangible things that
support your contention and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.
18.9 Do YOU OR ANYONE ACTING ON YOUR BEHALF
have any DOCUMENT (for example, insurance bureau
index reports) concerning claims for personal injuries made
before or afier the INCIDENT by a piaintiff in this case? If
so, for each piaintiff state:
{a) the source of each DOCUMENT;
{b) the date each claim arose;
{c) the nature of each claim; and
(d) the name, ADDRESS, and telephone number of the
PERSON who has each DOCUMENT.
16.10 Do YOU OR ANYONE ACTING ON YOUR BEHALF
have any DOCUMENT concerning the past or present
physical, mental, or emotional condition of any plaintiif in
this case from a HEALTH CARE PROVIDER not previously
identified (except for expert witnesses covered by Code of
Civil Procedure sections 2034.210-2034.310)? If so, for
each plaintiff state:
(a) the name, ADDRESS, and telephone number of each
HEALTH CARE PROVIDER;
(b) a description of each DOCUMENT; and
(c) the name, ADDRESS, and telephone number of the
PERSON who has each DOCUMENT.
Responses to Request for Admissions
17.1 Is your response fo each request for admission served
with these interrogatories an unqualified admission? If not,
for each response that is not an unqualified admission:
(a) state the number of the request;
(b) state all facts upon which you base your response;
(c) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of those facts;
and
identify all DOCUMENTS and other tangible things that
support your response and state the name, ADDRESS,
and telephone number of the PERSON who has each
DOCUMENT or thing.
(d)
18.0 [Reserved]
19.0 [Reserved]
20.0
CI
CI
How the Incident Occurred—Motor Vehicle
20.1 State the date, time, and place of the INCIDENT
(closest street ADDRESS or intersection).
20.2 For each vehicle involved in the INCIDENT, state:
(a) the year, make, model, and license number;
(b) the name, ADDRESS, and telephone number of the
driver;
DISO-004 [Rev. January 1, 2008}
FORM INTERROGATORIES—GENERAL
Page 7 of &(c) the name, ADDRESS, and telephone number of each
occupant other than the driver;
(d) the name, ADDRESS, and telephone number of each
registered owner;
{e} the name, ADDRESS, and telephone number of each
iessee;
() the name, ADDRESS, and tetephone number of each
owner other than the registered owner or lien holder;
and
(g) the name of each owner who gave permission or
consent to the driver to operate the vehicle.
[=] 20.3 State the ADDRESS and location where your trip
began and the ADDRESS and location of your destination.
[|] 20.4 Describe the route that you followed from the
beginning of your trip to the location of the INCIDENT, and
state the location of each stop, other than routine traffic
stops, during the trip leading up to the INCIDENT.
[__] 20.5 State the name of the street or roadway, the lane of
travel, and the direction of travei of each vehicle involved in
the INCIDENT for the 500 feet of travel before the
INCIDENT.
}20.6 Did the INCIDENT occur at an intersection? If so,
describe all traffic control devices, signals, or signs at the
intersection.
{_] 20.7 Was there a traffic signal facing you at the time of the
INCIDENT? If so, state:
(a) your location when you first saw it;
(b) the color;
(c) the number of seconds it had been that coler; and
(d) whether the color changed between the time you first
saw it and the INCIDENT.
([7] 20.8 State how the INCIDENT occurred, giving the speed,
direction, and location of each vehicle involved:
(a) just before the INCIDENT;
(b) at the time of the INCIDENT; and
(c) just after the INCIDENT.
(72 20.9. Do you have information that a malfunction or defect in
a vehicle caused the INCIDENT? If so:
(a) identify the vehicle;
(b) identify each maifunction or defect,
(c) state the name, ADDRESS, and telephone number of
each PERSON who is a witness to or has information
about each malfunction or defect; and
(d) state the name, ADDRESS, and telephone number of
each PERSON who has custody of each defective part.
[7] 20.10 Do you have information that any maifunction or
defect in a vehicie contributed to the injuries sustained in
the INCIDENT? If so:
(a) identify the vehicle;
(b) identify each malfunction or defect;
(©) state the name, ADDRESS, and telephone number of
each PERSON whe is a witness to or has information
about each maifunction or defect; ang
DISC-001
(d) state the name, ADDRESS, and telephone number of
gach PERSON who has custody of each defective part.
[[_] 20.11 State the name, ADDRESS, and telephone number of
each owner and each PERSON who has had possession
since the INCIDENT of each vehicle involved in the
INCIDENT.
25.0 [Reserved]
30.0 [Reserved]
40.0 {Reserved}
50.0 Contract
(XJ 50.1 For each agreement alleged in the pleadings:
(a) identify each DOCUMENT that is part of the agreement
and for each state the name, ADDRESS, and telephone
number of each PERSON who has the DOCUMENT;
(b) state each part of the agreement not in weting, the
name, ADDRESS, and telephone number of each
PERSON agreeing to that provision, and the date that
part of the agreement was made;
(c) identify all DOCUMENTS that evidence any part of the
agreement not in writing and for each state the name,
ADDRESS, and telephone number of each PERSON
who has the DOCUMENT;
(d) identify aii DOCUMENTS that are part of any modification
to the agreement, and for each state the name,
ADDRESS, and telephone number of each PERSON
who has the DOCUMENT;
(e) state each modification not in writing, the date, and the
name, ADDRESS, and telephone number of each
PERSON agreeing to the modification, and the date the
modification was made;
(f. identify all DOCUMENTS that evidence any modification
of the agreement not in writing and for each state the
name, ADDRESS, and telephone number of each
PERSON whe has the DOCUMENT.
(XJ 50.2 Was there a breach of any agreement alleged in the
pleadings? If so, for each breach describe and give the date
of every act or omission that you claim is the breach of the
agreement.
X%] 50.3 Was performance of any agreement alleged in the
pleadings excused? If so, identify each agreement excused
and state why performance was excused,
[XK] 50.4 Was any agreement alleged in the pleadings
terminated by mutual agreement, release, accord and
satisfaction, or novation? |f so, identify each agreement
terminated, the date of termination, and the basis of the
termination.
¥] 50.5 Is any agreement alleged in the pleadings unenforce-
able? If so, identify each unenforceable agreement and
state why it is unenforceaile.
X 50.6 Is any agreement alleged in the pleadings ambiguous?
If so, identify each ambiguous agreement and state why it is
ambiguous.
60.0 [Reserved]
BISC-001 (Rev. January 7, 2008)
FORM INTERROGATORIES—GENERAL
Page 8 of 8PROOF OF SERVICE BY MAIL
C.c.P. SEC. 1013a 2015.5
I declare that I am employed in the county of Alameda, California.
I am over the age of eighteen years and not a party to the within
entitled cause; my business address is:
1141 Harbor Bay Parkway, Suite 206, Alameda CA 94502
On April 20, 2015, I served the attached:
FORM INTERROGATORIES-GENERAL SET ONE
to the parties by mailing a true copy thereof enclosed in a sealed
envelope with postage thereon fully prepaid, in the United States
mail at Alameda, CA addressed as follows:
PACIFIC HEIGHTS PLACE
VICTORIA L. CARD
1525 UNION STREET
SAN FRANCISCO CA 94123
VICTORIA L. CARD
PO BOX 502
PETALUMA CA 94953
I declare under penalty of perjury that the foregoing is true and
correct and that this declaration was executed on April 20, 2015,
at Alameda, California.
+
CHRISSIE LOUIE vs ,
Ss / A pve
lds :
f fire vied
Type or Print Name SrgonatureEXHIBIT BSTEVEN A. BOOSKA
Attorney Ar Law
P.O. Box 2169
Oakland, CA 94621
Steven A. Booska Tek: (415) 397-4345 Fax, (415) 982-3440
Toll Free: (800) 585-6752
stevenb@booskalaw.com
August 4, 2015
Pacific Heights Place
Victoria L. Card
P.O. Box 502
Petaluma, CA 34953
Re: HDM Furniture Industries v. Victoria L. Card, et al.,
Court Case No: CGC15544243
Our File No: 20140473
Dear Ms. Card,
You failed to respond to our Form Interrogatories and
Request for Admissions. Your responses were due May 27, 2015.
Accordingly, you waived any right to exercise the option to
object to any and all discovery. We will suspend our filed for
ten (10) days to wait your responses to the discovery before we
proceed with our motions compelling your responses which will
include a request for monetary sanctions.
Very truly yours,
steve AMB0Ska
SAB: cll
cc: Pacific Heights Place
Victoria L. Card
1525 Union Street
San Francisco, CA 94123