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McGLINCHEY STAFFORD
Sanford P. Shatz (SBN 127229)
Brian A. Paino (SBN 251243)
Allison O. Chua (SBN 284680)
18201 Von Karman Avenue, Suite 350
Irvine, California 92612
Telephone: (949) 381-5900
Facsimile: (949) 271-4040
Email: sshatz@mcglinchey.com
bpaino@mcglinchey.com
achua@meglinchey.com
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
06/26/2017
Clerk of the Court
BY:SANDRA SCHIRO
Deputy Clerk
Attorneys for Defendant ROUNDPOINT MORTGAGE SERVICING CORPORATION
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO, CIVIC CENTER COURTHOUSE
MARCELO LECITONA and CARMELITA M,
LECITONA,
Plaintiffs,
Vv.
ROUNDPOINT MORTGAGE SERVICING
CORPORATION, DOES 1 TO 10,
Defendants.
Mi
1
Case No,: CGC-15-548158
Assigned to the Hon. John K. Stewart or TBD
Dept: 610
(Unlimited Jurisdiction]
DECLARATION OF ALLISON O, CHUA
IN SUPPORT OF DEFENDANT
ROUNDPOINT MORTGAGE SERVICING
CORPORATION’S MOTION TO COMPEL
AND REQUEST FOR MONETARY
SANCTIONS
Hearing:
Date: July 24, 2017
Time: 9:00 a.m.
Dept.: 302
Filed concurrently with:
Motion to Deem Requests for Admission
Admitted
Motion to Compel Responses to Requests for
Production of Documents
Motion to Compel Responses to Interrogatories
Memorandum of Points and Authorities
Proposed Orders
Action Filed: September 28, 2015
Trial Date: August 7, 2017
DECLARATION OF ALLISON O. CHUA IN SUPPORT OF MOTIONS TO COMPEL
926875.1I, Allison O, Chua, declare as follows:
1. I am employed as an attorney at McGlinchey Stafford (“McGlinchey”), counsel for
Defendant ROUNDPOINT MORTGAGE SERVICING CORPORATION (“RoundPoint”) in this
action, and am duly licensed to practice law before all courts of the State of California.
2. This declaration is submitted in support of RoundPoint’s Motion to Compel
Responses to Interrogatories and for Monetary Sanctions, Motion to Compel Production of
Documents and for Monetary Sanctions, and Motion to Deem Requests for Admission Admitted and
for Monetary Sanctions (the “Motions”), which are being filed concurrently herewith.
3. The following facts are within my personal knowledge or based on information from
McGlinchey’s business records, which are: (a) made at or near the time of the occurrence of the
matters recorded by persons with personal knowledge of the information in the business record, or
from information transmitted by persons with personal knowledge; (b) kept in the course of
McGlinchey’s regularly conducted business activities; and (c) it is the regular practice of
McGlinchey to make such records.
4, On May 5, 2017, McGlinchey served Plaintiffs MARCELO LECITONA and
CARMELITA M. LECITONA (“Plaintiffs”) with RoundPoint Second Set of Form Interrogatories,
and Special Interrogatories (the “Interrogatories”), Second Set of Requests for Production of
Documents (“RPD”), and Second Set of Requests for Admission (*REA”).' True and correct copies
of the Interrogatories, RPD, and RFA are collectively attached hereto as Exhibit 1.
5. Based on the date of the service of the Discovery, Plaintiffs responses were due on or
before June 9, 2017. McGlinchey did not receive any responses from Plaintiffs by this deadline. Nor
did McGlinchey receive any request from Plaintiffs for an extension of time to respond to the
Discovery.
6. As of the date of this declaration, McGlinchey has not received any response to the
Discovery from Plaintiffs.
7. I spent more than 2.0 hours reviewing my file for this matter and preparing the
Motions (and supporting documents). In addition, I anticipate spending more than 1.0 hour
' The Interrogatories, RPD, and RFA are collectively referred to herein as the “Discovery.”
2
DECLARATION OF ALLISON O, CHUA IN SUPPORT OF MOTIONS TO COMPEL
926875.1Cc Oa DA ee BW ND
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reviewing any opposition to the Motions and preparing an appropriate reply. Further, I anticipate
spending more than 2.0 hours preparing for and attending the hearing of the Motions.
8. RoundPoint incurs charges of $250.00 per hour for my time in this matter. Therefore,
RoundPoint will incur more than $1,250.00 in attorneys’ fees associated with the Motions. In
addition, RoundPoint will incur three filing fees for the Motions in the amount of $60.00 each, for a
total cost of $180.00. Accordingly, RoundPoint’s total attorneys’ fees and costs for the Motions will
exceed $1,430,00.
9. I graduated from Loyola Law School, Los Angeles in 2012 and have been practicing
law in California since that time. My practice focuses primarily on consumer financial services
litigation. Upon information and belief, my hourly rate is consistent with the rates charged by
attorneys with similar qualifications, skills, and experience.
I declare under penalty of perjury of the laws of the State of California that-the foregoing is
true and correct, Executed this or day of June, 2017, at Irvine, California.
CEB $$
ALLISON O. CHUA
3
DECLARATION OF ALLISON O, CHUA IN SUPPORT OF MOTIONS TO COMPEL
926875.1EXHIBIT “1”DISC-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Vem, Slale Bar number, end acddross):
|_ Sanford Shatz 127229
McGlinchey Stafford
18201 Von Karman Avenue, Suite 350
Irvine, CA 92612
TeverHoNE NO: (949) 381-5900
FAXNO. (Opllonay: (949) 271-4040
EMAIL ADDRESS (Options): SShatz@meglinchey.com
ATTORNEY FOR (Name: ROUNdPoint Mortgage Servicing Corporation
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
SHORT TITLE OF CASE;
Marcelo Lecitona, et al. v. RoundPoint Mortgage Servicing Corp.
Answering Party: Marcelo Lecitona
Set No.: Two
FORM INTERROGATORIES—GENERAL
Asking Party: RoundPoint Mortgage Servicing Corporation
‘CASE NUMBER:
CGC-15-548158
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 to 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 clvil 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.
(d) The interrogatories in section 16,0, Defendant's
Contentlons-Personal Injury, should not be used until the
defendant has had a reasonable opportunity to conduct an
investigation or discovery of plaintiff's 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 must 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 complete and straightforward as.
the Information reasonably available to you, Including the
information possessed by your alfomeys or agents, permits. If
an Interrogatory cannot be answered completely, answer it to
the extent possible,
(a) Ifyou do not have enough personal knowledge to fully
answer an interrogatory, say so, bul 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.
{e) Whenever an interrogatory may be answered by
referting to a document, the document may be attached as an
exhibit to the response and referred to in the response. if the
document has more than one page, refer to the page and
‘sectlon where the answer to the interrogatory can be found.
() 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
interragatory asking for that information.
(g)_ If you are asserting a privitege 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:
/ declare under penally of perjury under the laws af the
State of California that the foregoing answers are true and
correct,
(DATE) (SIGNATURE)
Sec. 4. Definitions
Words in BOLDFACE CAPITALS in these interrogatories
are defined as follows:
(@) (Check one of the following):
BJ = (4) 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.
Page ots
Fore seein atccria FORM INTERROGATORIES—GENERAL gaan ange rare,
DISC-001 {Rev. January 1, 2008) www.courlino.ca.gov-OQ) INCIDENT means (insert your definition here or
on a separate, attached sheet labeled "Sec.
Hay(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 liabllity
company, corporation, or public entity.
(gd) DOCUMENT means a writing, as defined in Evidence
Code section 250, and includes 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 to in Code of Civil Procedure section 667.7(8)(3).
(f) ADDRESS means the street address, including the city,
state, and zip code.
Sec. 5, interrogatories
The following interrogatories have been approved by the
Judicial Council under Code of Civil Procedure section 2033.710:
CONTENTS
1.0 Identity of Persons Answering These interrogatories
2.0 General Background Information—Individual
3.0 General Background Information—Business Entity
4.0 Insurance
5.0 [Reserved]
6.0 Physical, Mental, or Emotional Injuries
7.0 Property Damage
8.0 Loss of Income or Earning Capacity
9.0 Other Damages
10.0 Medical History
11.0 Other Claims and Previous Claims
12.0 Investigation—General
13,0 Investigation—Surveillance
14.0 Statutory or Regulatory Violations
15.0 Denials and Special 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 jRaserved]
40.0 {Reserved}
60.0 Contract
60.0 fReserved]
70.0 Untawtul Detainer (See separate form DISC-0037
401.0 Economic Litigation [See separate form DISC-004]
200.0 Employment Law [See separate form DISC-002]
Famlly Law {See separate form FL-145]
DISC-001
1.0 Identity of Persons Answering These interrogatories
1.4 State the name, ADDRESS, telephone number, and
relationship to you of each PERSON who prepared or
assisted in the preparation of the responses to these
interrogatories. (Do not identify anyone who simply typed or
reproduced the responses.)
2.0 General Background Information—individual
D 2.1 State:
{a) your name;
{b) every name you have used in the past; and
{c) the dates you used each name.
LD) 2.2 State the date and place of your birth.
[1 2.3 At the time of the INCIDENT, did you have a driver's
license? 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.
1) 2.4 At the time of the INCIDENT, did you have any other
permit or license for the operation of a motor vehicle? If so,
state:
{a) the slate or other issuing entity;
{b) the license number and type;
{c) the date of issuance; and
(d) all restrictions.
O) 25 State:
{a) your present residence ADDRESS;
(b) your residence ADDRESSES for the past five years; and
{c) the dates you lived al each ADDRESS.
D 26 state:
{a) the name, ADDRESS, and telephone number of your
present employer or place of self-employment; and
(b) the name, ADDRESS, dates of employment, job title,
and nature of work for each employer or
self-employment you have had from five years before
the INCIDENT until today.
D0 27 State:
(a) the name and ADDRESS of each school or other
academic or vocational Institution you have attended,
beginning with high school;
(b) the dates you attended;
(c) the highest grade ievel you have completed; and
(d) the degrees received.
[1 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
(d) the court and case number.
C1 2.9 Can you speak English with ease? If not, what language
and dialect do you normally use?
(2.10 Can you read and write English with ease? If nol, what
language and dialect do you normally use?
DISC-001 [Rev, Jarwary 1, 2008)
FORM INTERROGATORIES—GENERAL
Page 20f 6
[American LegaiNel, (ne.
ere ForeraWorkfiow.comC1 2.11 At the time of the INCIDENT were you acting as an
agent or employee for any PERSON? if so, state:
(a) the name, ADDRESS, and telephone number of that
PERSON: and
(b) a description of your duties.
(1 2.12 At the time of the INCIDENT did you or any other
person have any physical, 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
(c) the manner in which the disability or condition
contributed to the occurrence of the INCIDENT.
(1) 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
80, 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;
(d) 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
OO 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
10 years and the dates each was used;
(c) the date and place of incorporation;
(a) the ADDRESS of the principal place of business; and
(e) whether you are qualified to do business in California.
(1 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
10 years and the dates each was used;
(c} whether you are a limited parinership 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.
2 3.3 Are you a limited tiability company? If so, state:
{a) the name stated in the current articles of organization;
{b) ail 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;
{d) the ADDRESS of the principal place of business; and
{@) whether you are qualified to do business in California.
Disc-001
1 3.4 Are you a joint venture? if so, state:
{a) the current Joint venture name;
{b) all other names used by the jolnt 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.
(1 3.5 Are you an unincorporated association?
{f so, state:
(a) the 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
(©) the ADDRESS of the principal place of business.
(1 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
(a) the ADDRESS of the principal place of business.
(1 3,7 Within the past five years has any public entity regis-
tered or licensed your business? If so, for each ficense 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
(1 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 stale:
(a) the kind 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;
(@) 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; and
(g) the name, ADDRESS, and telephone number of the
custodian of the policy.
(1 4.2 Are you self-insured under any statute for the damages,
claims, or actions that have arisen out of the INCIDENT? If
80, specify the statute,
5.0 [Reserved]
8.0 Physical, Mental, or Emotional Injuries
C1 6.1 Do you attribute any physical, mental, or emotional
injufes to the INCIDENT? (if your answer Is "no," do not
answer interrogatories 6.2 through 6.7).
(0 622 Identity each injury you attribute to the INCIDENT and
the area of your body affected.
ee FORM INTERROGATORIES—GENERAL rege ects
tre.O 6.3 Do you stil 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.
O 64 bid 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 te
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;
(c) the dates you received consultation, examination, or
treatment; and
(d) the charges to date.
1 65 Have you taken any medication, prescribed or not, as a
result 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 bagan and stopped taking it; and
(e) the cost to date.
C 66 Are there any other medical services necessitated by
the injuries that you attribute to the INCIDENT that were not
previously listed (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.
(1 67 Has any HEALTH CARE PROVIDER advised that you
may require future or additional treatment for any injurles
that you attribute to the INCIDENT? If so, for each injury
stale:
(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.
7.0 Property Damage
1 7.1 Do you attribute any loss of or damage to a vehicle or
other properly to the INCIDENT? [f so, for each item of
property:
(a) describe the property;
(b) describe the nature and location of the damage to the
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 evaluation been made for any
item of property referred to in your answer to the preceding
interrogatory? If 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
(€) 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;
(c) the repair cost;
(d) the name, ADDRESS, and telephone number of the
PERSON who repaired it;
(e) the name, ADDRESS, and telephone number of the
PERSON who paid for the repair,
8.0 Loss of Income or Earning Capacity
o
o
0 O88 OF OO QO 0
8.1 Do you attribute any loss of income or earning capacity
to the INCIDENT? (if your answer is "no," do not answer
interrogatories 8.2 through 8.8).
8.2 State:
{a) the nature of your work;
(b) your job title at the time of the INCIDENT; and
{c) the date your employment began.
8.3 State the last date before the INCIDENT that you
worked for compensation.
8.4 State your monthly income at the time of the INCIDENT
and how the amount was calculated.
8.5 State the date you retumed to work al each place of
employment following the INCIDENT.
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 total income you have lost to date as a result
of the INCIDENT and how the amount was caiculated.
8.8 Will you lose income In the future as a result of the
INCIDENT? If so, state:
{a) the facts upon which you base this contention;
property; (b) an estimate of the amount;
(c}_an estimate of how long you will be unable to work; and
(d) how the claim for future income is calculated.
DISC-001 fRev. January 1, 2008] FORM INTERROGATORIES—GENERAL. -—_—_——Fans 4 of 8
‘American LegaiNet, Inc.
wan FormeWorktiow.com9.0 Other Damages
(1) 9.1 Are there any other damages that you attribute to the
INCIDENT? If so, for each item of damage state:
(a) the nature;
(6) the date it occurred;
(©) the amount; and
(d} the name, ADDRESS, and telephone number of each
PERSON to whom an obligation was incurred.
CJ 92 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.
10.0 Medical History
0 10.1 At any time before the INCIDENT did you have com-
plaints 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 complaint or Injury;
(bo) the dates it began and ended; and
(c) the name, ADDRESS, and telephone number of each
HEALTH CARE PROVIDER whom you consulted or
who examined or treated you.
(I 10.2 List all physical, 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
(1 114.4 Except for this action, In the past 10 years have you
filed an action or made a written clalm or demand for
compensation for your personal Injuries? If 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;
(b) the name, ADDRESS, and telephone number of each
PERSON against whom the claim or dernand was made
DISC-001
(c) the court, names of the parties, and case number of any
action filed;
(d) the name, ADDRESS, and telephone number of any
attorney representing you;
(e) whether the claim or action has been resolved or is
pending; and
(f) a description of the injury.
41.2 In the past 10 years have you made a written clalm or
demand for workers’ compensation benefits? If so, for each
claim or demand state:
(a) the date, time, and place 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) adescription of the injury;
(f) 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.
12.0 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
(d) 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 individual conceming 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 concerning 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
or the action fited; (d) the name, ADDRESS, and telephone number of each
PERSON who has the original statement or a copy.
‘ISC-001 fRev, Jenuary 1, 2008) FORM INTERROGATORIES—GENERAL, Page bots
[Arnarican LegalNt, Inc.
amw.FormaWorktiow.com(1 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 or
plaintiff's 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;
() te date the photographs, films, or videotapes were
taken;
(d) the name, ADDRESS, and telephone number of the
eeatal taking the photographs, films, or videotapes;
an
(e} the name, ADDRESS, and telephone number of each
PERSON who has the original or a copy of the
photographs, films, or videotapes.
(1 12.5 Do YOU OR ANYONE ACTING ON YOUR BEHALF
know of any diagram, reproduction, or model of any place or
thing (excapt for items developed by expert witnesses.
covered by Code of Civit Procedure sections 2034.210-
2034.310) concerning the INCIDENT? If so, for each item
state:
(a) the type (Le., diagram, reproduction, or model);
(bo) the subject matter; and
(c) the name, ADDRESS, and telephone number of each
PERSON who hasit.
(C0 12.6 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 report made;
(c) the name, ADDRESS, and telephone number of the
PERSON for whom the report was made; and
(a) the name, ADDRESS, and telephone number of each
PERSON who has the original or a copy of the report.
( 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
individual 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—Survelllance
(1 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
velllance state:
(a) the name, ADDRESS, and telephone number of the
individual or party;
(0) 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.
DISC-001
(2) 13.2 Has a written report been prepared on the
survelllance? 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
(d) the name, ADDRESS, and telephone number of each
PERSON who has the original or a copy.
14.0 Statutory or Regulatory Violations
(J 14.1 Bo YOU OR ANYONE ACTING ON YOUR BEHALF
contend that any PERSON involved in the INCIDENT
violated any statute, ordinance, or regulation and that the
Violation was a legal (proximate) cause of the INCIDENT? If
so, Identify the name, ADDRESS, and telephone number of
each PERSON and the statute, ordinance, or regulation that
was violated.
C0 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 regulation 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 partias, and case number.
18,0 Denials and Special or Affirmative Defenses.
(1 15.4 Identify each denial of a material allegation and each
special or affirmative defense In your pleadings 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
{c) 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.
46.0 Defendant's Contentions—Personal Injury
© 161 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, ADORESS, and telephone number of
the PERSON;
(b) state all facts upon which you base yaur contention;
(c) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of the facts; and
(a) 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.
1 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. Jernary 1, 2008}
FORM INTERROGATORIES—GENERAL
Page Gots
‘American LageiNet, Ino.
| way FormeWorkliow.corn(1 16.3 Do 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:
(8) 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 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.
16.4 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 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 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.
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 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.
1 18.6 Do you contend that any part of the loss of earnings or
income claimed 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;
(o) 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.
16.7 Do you contend that any of the properly 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 all facts upon which you base your contention;
(ce) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of the facts; and
(a) 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
1 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;
(6) 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 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.
(2 16.9 Do YOU OR ANYONE ACTING ON YOUR BEHALF
have any DOCUMENT (for example, insurance bureau
index reports) concerning claims for personal injurles made
before or after the INCIDENT by a plaintiff in this case? If
80, for each plaintiff state:
(a) the source of each DOCUMENT;
(b) the date each claim arose;
(¢) 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 plaintiff In
this case fram a HEALTH CARE PROVIDER not previously
identified (except for expert witnesses covered by Code of
Civil Procedure sections 2034.210-2034.310)? f 80, for
each plaintiff state:
(a) the name, ADDRESS, and telephone number of each
HEALTH CARE PROVIDER;
(b) adescription of each DOCUMENT; and
(c) the name, ADDRESS, and telephone number of the
PERSON who has each DOCUMENT.
17.0 Responses to Request for Admissions
47.1 Is your response to 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 ail facts upon which you base your response;
(c) state the names, ADDRESSES, and telephone numbers
of all PERSONS who have knowledge of those facis;
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.
18.0 (Reserved)
19.0 [Reserved]
20.0 How the Incident Occurred—Motor Vehicle
(] 20.1 State the date, time, and place of the INCIDENT
(closest street ADDRESS or intersection).
(2 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;
186-001 (Rev. Jerwary 1, 2008)
FORM INTERROGATORIES—GENERAL
Page 7 of 8
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wa. FormeWorkfow.com(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
lessee;
(f) the name, ADDRESS, and telephone number of each
owner other than the registered owner or tien holder;
and
(g) the name of each owner who gave permission or
consent to the driver to operate the vehicle.
(0 20.3 State the ADDRESS and location where your trip
began and the ADDRESS and location of your destination.
3 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.
LD 20.5 State the name of the street or roadway, the lane of
travel, and the direction of travel of each vehicle involved in
the INCIDENT for the 500 feet of travel before the
INCIDENT.
(2 206 Did the INCIDENT occur at an Intersection? If so,
describe all traffic control devices, signals, or signs at the
Intersection,
{C1 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 color; and
(d) whether the color changed between the time you first
saw It and the INCIDENT,
C1 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.
1 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 malfunction or defect;
{c) state tha 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.
(J 20.10 Do you have Information that any malfunction or
defect in a vehicle contributed to the injuries sustained in the
INCIDENT? If so:
(a) identify the vehicle;
(b) identify each malfunction 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
DISC-001
(d) state the name, ADDRESS, and telephone number of
each PERSON who has custody of each defective part.
C1 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
(0 50.1 For each agreement alleged in the pleadings:
(a) identify each DOCUMENT thal is part of the agreement
and for each state the name, ADDRESS, and telephone
number of each PERSON who has the DOCUMENT;
(b) stale each part of the agreement not in writing, the
name, ADDRESS, and telephone number of each
PERSON agreeing to that provision, and the date that
part of the agresment 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 aach PERSON
who has the DOCUMENT;
(d) identify all 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 who has the DOCUMENT,
1 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.
(1) 50.3 Was performance of any agreement alleged in the
pleadings excused? If so, identify each agreement excused
and state why performance was excused.
(1 50.4 Was any agreement alleged in the pleadings terminated
by mutual agreement, release, accord and satisfaction, or
novation? If so, identify each agreement terminated, the date
of termination, and the basis of the termination.
C1 60.5 Is any agreement alleged in the pleadings unenforce-
able? If so, Identify each unenforceable agreement and
state why it Is unenforceable.
[1 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]
DISC-004 |Rev. Januery 1, 2008]
FORM INTERROGATORIES—GENERAL
Pago 8 of8
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PROOF OF SERVICE
STATE OF CALIFORNIA )
88,
COUNTY OF ORANGE )
I, Stephanie Elizondo, declare:
Tam employed in the County of Orange, State of California. | am over the age of 18 and not a party to the within action,
My business address is 18201 Von Karman Avenue, Irvine, Suite 350, California 92612.
On May 5, 2017, I served the document(s) described as FORM INTERROGATORIES--GENERAL on all
interested parties in said action by placing a true copy thereof in a sealed envelope addressed as stated on the
ATTACHED SERVICE LIST.
BY MAIL: as follows:
x STATE - 1am “readily farniliar” with McGlinchey Stafford’s practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that
same day with postage thereon fully prepaid at Irvine, California, in the ordinary course of business, | am
aware that on motion of party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one (1) day after date of deposit for mailing in affidavit.
Oo BY CERTIFIED MAIL. as follows; | am “readily familiar” with McGlinchey Stafford's practice for the
collection and processing of correspondence for mailing with the United States Postal Service; such
envelope will be deposited with the United States Postal Service on the above date in the ordinary course of
business at the business address shown above; and such envelope was placed for collection and mailing, by
Certified United States Mail, Return Receipt Requested, on the above date according to McGlinchey
Stafford’s ordinary business practice,
Oo BY EMAIL SERVICE as follows: By email or electronic transmission: Based on any agreement
between the parties and/or as a courtesy, I sent the document(s) to the person(s) at the email address(es)
listed on the service list. I did not receive, within a reasonable time after the transmission, any electronic
message or other indication that the transmission was unsuccessful.
Oo BY PERSONAL SERVICE as follows: I caused a copy of such document(s) to be delivered by hand to
the offices of the addressee between the hours of 9:00 A.M. and 5:00 P.M.
Oo BY OVERNIGHT COURIER SERVICE as follows: 1 caused such envelope to be delivered by
overnight courier service to the offices of the addressee. The envelope was deposited in or with.a facility
regularly maintained by the overnight courier service with delivery fees paid or provided for.
oO BY FACSIMILE as follows; | caused such documents to be transmitted to the telephone number of the
addressee listed on the attached service list, by use of facsimile machine telephone number. The facsimile
machine used complied with California Rules of Court, Rule 2004 and no error was reported by the
machine. Pursuant to California Rules ef Court, Rule 2006(d), a transmission record of the transmission
was printed,
Xx STATE I declare under penalty of perjury under the laws of the State of California that the above is true
and correct. Executed on May 5, 2017, at Irvine, CG
eee
1
PROOF OF SERVICE
570784,1we eo a A A ek WB yD me
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SERVICE LIST
San Franciseo County Superior Court Case No. CGC-15-548158
MARCELO LECITONA, et al. v. ROUNDPOINT MORTGAGE, ETC,
Albert L. Boasberg, Esq.
Attomey at Law
Serramonte Office Plaza
333 Gellert Bivd,, Ste, 207
Daly City, CA 94015
File # 105203.0017
Attorney for Plaintiffs MARCELO
LECITONA and CARMELITA M.
LECITONA
Tel.: (650) 755-6960
Email: aboasberg@sbeglobal.net
2
570784.1
PROOF OF SERVICEDISC-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Nome, State Bar number, and addross):
|_ Sanford Shatz 127229
McGlinchey Stafford
18201 Von Karman Avenue, Suite 350
Invine, CA 92612
TevepHone no. (949) 381-6900
FAXNO, (Optona): (949) 271-4040
E-MAIL, ADDRESS (Optionay: sShatz@meglinchey.com
ATTORNEY FOR (Name: RoundPoint Mortgage Servicing Corporation
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
SHORT TITLE OF CASE:
Marcelo Lecitona, et al, v. RoundPoint Mortgage Servicing Corp.
Answering Party: Carmelita Lecitona
Set No: Two.
FORM INTERROGATORIES—GENERAL
Asking Party: RoundPoint Mortgage Servicing Corporation
CASE NUMBER:
CGC-15-548158.
Sec. 1. Instructions to All Parties
(a) Interrogatories are written questions prepared by a party
to an actton 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 2030.010-2030.416 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 to assert any privilege or make any objection.
Sec, 2, Instructions to the Asking Party
(a) These Interrogatorles 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 ne subparts, are designed for
use in limited civil cases where the amount demanded is
$26,000 or ess; 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 4 series of events occurring over a period of time.
(a) 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) Additonal interrogatories may be attached.
Sec. 3, Instructions to the Answering Party
(a) An answer or other appropriate response must be
gi