Motion-Secondary: Zosima Susie A. Andrada vs Vivian Que-Azcona et al

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                                CONDUARWNE

Zosima Susie A. Andrada

Physical Address: 451 N. Nellis Blvd, # 1098, Las Vegas, NV, 89110

Cell phone: (510) 690-7223
Email: susie526.andrada@gmail.com

Plaintiff — In Pro Per

BEFORE THE

SANTA CLARA COUNTY SUPERIOR COURT, CIVIL DIVISION

AND

SAN MATEO COUNTY SUPERIOR COURT, CIVIL DIVISION

STATE OF CALIFORNIA

Zosima Susie A. Andrada,

Plaintiff

Vivian Que-Azcona,

Michael A. Nisperos Jr,

Mary E. Arand,

Sheryle Lynn Sparks,

Commission on Judicial Performance,
State Bar of California,

and DOES 7-1000,

Defendants

CASE #: 19CV352777
CASE NAME: ANDRADA vs QUE-AZCONA, et al

MEMORANDUM OF POINTS AND AUTHORITIES -
PLAINTIFF'S SET OF INTERROGATORIES TO
MARIA SUSANA CORTES, (DOES 7-1000)

(Page 5, Lines 88-100, Amended Complaint) and
(Page 6, Lines 109-131, Amended Complaint)

(Pursuant to CCP § 2030.010, CCP § 2030.030,
CCP § 2030.040)

Department: 8
Judge: Honorable Sunil Kulkarni

Department: 25
Judge: Honorable Joseph C. Scott

Asking Party: Zosima Susie A. Andrada
Answering Party: MARIA SUSANA CORTES,

Set No: 1 of 35

Case # 19CV352777 (Andrada vs Que-Azcona, et al)

(DOES 7 — 1000:
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Pursuant to CCP § 2030.010, CCP § 2030.030, and CCP § 2030.040, plaintiff hereby

submits FORM INTERROGATORIES-GENERAL (DISC-001) to MARIA SUSANA CORTES, (DOES 7-

1000).

Plaintiff Andrada requests that MARIA SUSANA CORTES, (DOES 7-1000) _ serve its

answers, in writing and under oath, to plaintiff within 30 days of service of these interrogatories.

Plaintiff Andrada would like MARIA SUSANA CORTES, (DOES 7-1000) _ to respond to this
FORM INTERROGATORIES — GENERAL (DISC-001) by 09-11-2020.

Pursuant to CCP § 2023.010 (d), failure to comply to this Form of Interrogatories, you
maybe imposed with penalties under CCP §2023.020, CCP § 2023.030, CCP §2023.040.

Respectfully submitted.

Attachments: FORMS INTERROGATORIES-GENERAL, DISC-001

Date: OR- i\- ho hb

.
paris Oivdradan
ZOSIMA SUSIE A. ANDRADA

PLAINTIFF (SIGNATURE OF PLAINTIFF)

SS
Case # 19CV352777 (Andrada vs Que-Azcona, et al) Page 2DISC-001

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stafe Bar number, and address):

TELEPHONE NO.
FAX NO. (Optional)

E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):

191 N. First Street, San Jose, CA 95113 (Downtown Superior Court)

SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara and San Mateo

400 County Center, Redwood City, CA 94063 (Southern Branch Office)

SHORT TITLE OF CASE:
Andrada vs Que-Azcona, et al

Asking Party: Zosima Susie A. Andrada

Answering Party: Maria Susana Cortes (Does 7-1000)
SetNo.: 1 of 35

FORM INTERROGATORIES—GENERAL

CASE NUMBER:

19CV352777

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 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.

(d) The interrogatories in section 16.0, Defendant's
Contentions—Personal Injury, should not be used until the

(c) Each answer must be as complete 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.

(e) Whenever an interrogatory may be answered by
referring 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
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)_ If you 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:

| declare under penalty of perjury under the laws of the
State of California that the foregoing answers are true and
correct.

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.

(DATE) (SIGNATURE)

Sec. 4, Definitions

Words in BOLDFACE CAPITALS in these interrogatories
are defined as follows:

(a) (Check one of the following):
(1) 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 1 of 8

Form Approved for Optional Use FORM INTERROGAT

Judicial Council of California
DISC-001 (Rev. January 1, 2008]

Code of Civil Procedure,
§§ 2030.010-2030.410, 2033.710
www.courtinfo.ca.gov

ORIES—GENERAL| (2) INCIDENT means (insert your definition here or
on a separate, attached sheet labeled “Sec.
4(a)(2)"):
ENTRY IN USA AS A PERMANENT
RESIDENT.

(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 liability
company, corporation, or public entity.

(d) 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(e)(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—Iindividual

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 [Reserved]

40.0 [Reserved]

50.0 Contract

60.0 [Reserved]

70.0 Unlawful Detainer [See separate form DISC-003]
101.0 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
1.0 Identity of Persons Answering These Interrogatories

¥| 1.1 State the name, ADDRESS, telephone number, and

relationship to you of each PERSON who prepared or
assisted in the preparation of the responses to these
interrogatories. (Do not identify anyone who simply typed or
reproduced the responses.)

2.0 General Background Information—individual

2.1 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? If so state:

(a) the state or other issuing entity;
(b) the license number and type;
(c) the date of issuance; and

(d) all restrictions.

“| 2.4 Atthe time of the INCIDENT, did you have any other

permit or license for the operation of a motor vehicle? If so,
state:

(a) the state or other issuing entity;

(b) the license number and type;

(c) the date of issuance; and

(d) all restrictions.

V} 2.5 State:

(a) your present residence ADDRESS;
(b) your residence ADDRESSES for the past five years; and
(c) the dates you lived at each ADDRESS.

Y| 2.6 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.

¥ | 2.7 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 level you have completed; and

(d) the degrees received.

¥} 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.

¥|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 not, what

language and dialect do you normally use?

DISC-007 (Rev. January 1, 2008)

FORM INTERROGATORIES—GENERAL

Page 2 of 82.11 Atthe 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.

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
contributed to the occurrence of the INCIDENT.

condition

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;

(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

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;

(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
10 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.

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;

(d) the ADDRESS of the principal place of business; and

(e) whether you are qualified to do business in California.

DISC-001

¥| 3.4 Are you a joint venture? If so, state:

(a) the current joint venture name;

(b) 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.

¥| 3.5 Are you an unincorporated association?

If 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

(c) the ADDRESS of the principal place of business.

¥ | 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 Atthe 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 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;

(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; and

(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
so, specify the statute.

5.0 [Reserved]

6.0 Physical, Mental, or Emotional Injuries

6.1 Do you attribute any physical, mental, or emotional

injuries to the INCIDENT? (/f your answer is “no,” do not
answer interrogatories 6.2 through 6.7).

6.2 Identify each injury you attribute to the INCIDENT and

the area of your body affected.

DISC-007 Rev. January 1, 2008)

FORM INTERROGATORIES—GENERAL

Page 3 of 87.0

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.

6.4 Did 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
provided;

(c) the dates you received consultation, examination, or
treatment; and

(d) the charges to date.

treatment

6.5 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 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 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.

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? If so, for each injury

stato:

(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.

Property Damage

7.1 Do you attribute any loss of or damage to a vehicle 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 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

(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;

(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.

Loss of Income or Earning Capacity

8.1 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).

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 returned to work at 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 calculated.

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;

(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 [Rev. January 1, 2008]

FORM INTERROGATORIES—GENERAL

Page 4 of 89.0 Other Damages

9.1 Are there any other damages that you attribute 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.

10.0 Medical History

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;

(b) 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.

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

11.1 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? 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 demand was made
or the action filed;

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.

11.2 In the past 10 years have you made a written claim 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) a description 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 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 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

(d) the name, ADDRESS, and telephone number of each
PERSON who has the original statement or a copy.

DISC-004 (Rev. January 1, 2008)

FORM INTERROGATORIES—GENERAL Page 5 of 812.4 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;

(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 Do 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? If 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.

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

(d) 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—Surveillance

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.

DISC-001

13.2 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

(d) the name, ADDRESS, and telephone number of each
PERSON who has the original or a copy.

14.0 Statutory or Regulatory Violations

14.1 Do 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.

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 parties, and case number.

15.0 Denials and Special or Affirmative Defenses

15.1 Identify each denial of a material allegation and each

special or affirmative defense in your pleadings and for

each:

(a) state all 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.

16.0 Defendant’s Contentions—Personal Injury

oO 16.1 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;

(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.

16.2 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-007 (Rev. January 1, 2008],

FORM INTERROGATORIES—GENERAL

Page 6 of 816.3 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:

(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 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.

16.6 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;

(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.

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 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.

16.9 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 after the INCIDENT by a plaintiff in this case? If

so, for each plaintiff 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 plaintiff 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.

17.0 Responses to Request for Admissions

17.1 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 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

(d) 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

16.7 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 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.

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;

DISC-001 [Rev. January 1, 2008}

FORM INTERROGATORIES—GENERAL Page 7 of 8(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 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 travel 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 color; and

(d) whether the color changed between the time you first
saw it and the INCIDENT.

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.

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 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.

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.

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

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 writing, the

name, ADDRESS, and telephone number of each

PERSON agreeing to that provision, and the date that

part of the agreement was made;

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;

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;

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.

(c)

(d.

(e

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.

50.3 Was performance of any agreement alleged in the

pleadings excused? If so, identify each agreement excused
and state why performance was excused.

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.

50.5 Is any agreement alleged in the pleadings unenforce-

able? If so, identify each unenforceable agreement and
state why it is unenforceable.

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-001 [Rev. January 1, 2008)

FORM INTERROGATORIES—GENERAL Page 8 of 8POS-050(D)/EFS-050(D)

| CASE NAME:
Andrada vs Que-Azcona, et al

CASE NUMBER:

19CV352777

ATTACHMENT TO PROOF OF ELECTRONIC SERVICE (DOCUMENTS SERVED)
(This attachment is for use with form POS-050/EFS-050.)

The documents that were served are as follows (describe each document Specifically):

Cortes , (Does 7-1000).

Pleading - Memorandum of Points and Authorities - Plaintiff's Set of Interrogatories to Maria Susana

Form Interrogatories - General (DISC - 001), Set 1 of 35

4

[pr

Form Approved for Optional Use

“Judicial Council of California ATTACHMENT TO PROOF OF ELECTRONIC SERVICE (DOCUMENTS SERVED)

POS-050(D)/EFS-050 i i
hee Say : Z1) (Proof of Service/Electronic Filing and Service)

Frege 1 op 1POS-050(P)/EFS-050(P)

SHORT TITLE: CASE NUMBER:
Andrada vs Que-Azcona, et al 19CV352777

ATTACHMENT TO PROOF OF ELECTRONIC SERVICE (PERSONS SERVED)
(This attachment is for use with form POS-050/EFS-050.)
NAMES, ADDRESSES, AND OTHER APPLICABLE INFORMATION ABOUT PERSONS SERVED:

Name of Person Served Electronic Service Address Date of Electronic Service
(if the person served is an attorney,
the party or parties represented should
also be stated.)

14337 Taos Dr Date: 08-11-2020

Vivian Que-Azcona Saratoga, CA 95070

Date:

Sharon M. Nagle for snagle@bpmnj.com Dats: 8-11-2020

Mary E. Arand

Sharon M. Nagle for snagle@bpmnj.com Date: 08-11-2020
Sheryle Lynn Sparks 9 Prary:

Michelle Magarrell for CUP michelle,magarrell@doj.ca.gov Dele: 08-11-2020

State Bar of California jay.lee@calbar.ca.gov Date:) 08-11-2020

Office of General Counsel

. i + ' Date: 08-11-2020
Michael A. Nisperos Jr nisperosma@gmail.com

Daie:

Date:

Date:

Date:

Date:

Ly

Prac ApEttsied Yor Cpsostal Use ATTACHMENT TO PROOF OF ELECTRONIC SERVICE (PERSONS SERVED)

Judicial Council of California j corer 5
POS-050(P/EFS-050(P) (Proof of Service/Electronic Filing and Service)
[Rev. February 1, 2017]

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