Motion to Compel Discovery with Sanctions in Wattsavilla, Wendilynne Wesla vs. Dollar General| Trellis.Law

On March 20, 2017 a Party Discovery was filed involving a dispute between Wattsavilla, Wendilynne Wesla, and Dollar General, for (23) Unlimited Other PI/PD/WD in the District Court of Butte County.

Preview
F Superior Court of California F
Justin Farahi (State Bar No. 298086)
County of Butte
FARAHI LAW FIRM, APC | |
12079 Jefferson Boulevard L 8/4/2020 L
Los Angeles, CA 90230
Tel: (310) 774-4500
Fax: (424) 295-0557 D (Sindhi D
(
By _we uty
Electronically FILED
Attomey for Plaintiff,
WENDILY NNE WESLA WATTSAVILLA

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF BUTTE

10 WENDILY NNE WESLA WATTSAVILLA, ) CASE NO.: 17CV 00690
an individual,
il PLAINTIFF’S NOTICE OF MOTION
Plaintiff, AND MOTION TO COMPEL
12 RESPONSES TO SPECIAL
INTERROGATORIES AND REQUEST
13
FOR MONETARY SANCTIONS
VS.
14 AGAINST DEFENDANT DOLGEN
CALIFORNIA LLC AND ITS COUNSEL
15 OF RECORD; MEMORANDUM OF
POINTS AND AUTHORITIES; AND
16
DECLARATION OF JUSTIN P. FARAHI
17 IN SUPPORT THEREOF
DOLLAR GENERAL, an unknown
18
corporation; and DOES 1 through 25, inclusive, ) FILED CONCURRENTLY WITH
[PROPOSED] ORDER
19
Defendants.
Date: September 2, 2020
20
Time: 9:00 am
21
Dept: 10

22
Complaint filed: March 20, 2017
Trial Date: TBD
23
--- a
24

25 TO THE HONORABLE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
NOTICE IS HEREBY GIVEN that on September 2, 2020, at 9:00 a.m., or as soon thereafter as
26

counsel may be heard in Department 10 of the above-entitled Court, located at 1755 Concord Avenud
27

28 PLAINTIFF’S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO SPECIAL
INTERROGATORIES AND REQUEST FOR MONETARY SANCTIONS AGAINST DEFENDANT AND ITS
COUNSEL OF RECORD
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Chico, CA 95928, Chico, California 95928, in the courtroom of the Honorable Robert A. Glusman|

Plaintiff Wendilynne Wesla Wattsavilla will move the Court for an Order Compelling Defendant

Dolgen California LLC (erroneously sued herein as Dollar General) to serve verified Responses to|

Plaintiffs Special Interrogatories, Set Three, served by mail on April 27, 2020, in addition to an orde

requiring that Defendant and Borton Petrini, LLP, its counsel or record, jointly and severally pay

monetary sanctions to Plaintiff in the sum of $1,360, pursuant to code of Civil Procedure sectiong

2023.010, 2023.030, and 2030.290, as reimbursement for the reasonable costs and attorneys’ fees!

incurred by Plaintiff in bringing this motion.
10

il This motion is made pursuant to CCP § 2030.290 et seq. on the grounds that Defendant faile

12 to respond timely, or at all, to Plaintiff's Special Interrogatories, Set No. Three. Despite extensiong

13 given by Plaintiff, Defendant still failed to respond to said Special Interrogatories without am

14 justification.

15 This motion is based on this Notice of Motion and Motion to Compel Responses to Special]

16 Interrogatories, the attached Memorandum of Points and Declaration of Justin Farahi, and upon suc.

17 other matters as may be presented to the Court at the time of the hearing.

19 DATED: August 4, 2020 FARAHI LAW FIRM, APC

21
ye
-- a
22 JUSTIN FARAHI, ESQ.
23
Attomey for Plaintiff
Wendilynne Wesla Wattsavilla
24

28 PLAINTIFF’S NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO SPECIAL
INTERROGATORIES AND REQUEST FOR MONETARY SANCTIONS AGAINST DEFENDANT AND ITS
COUNSEL OF RECORD
-2-
MEMORANDUM OF POINTS AND AUTHORITIES
I. BACKGROUND
This premises liability action arises out of injuries sustained by Plaintiff Wendilynne Wesla|
Wattsavilla when she slipped and fell at a Dollar General business store located at 6574 Clark Road|
Paradise, Butte County, CA 95968 on October 30, 2016. Plaintiff Wendilynne Wesla Wattsavilla file

a lawsuit on March 20, 2017 against Defendant Dolgen California LLC (erroneously sued herein ag
Dollar General). As is alleged in the complaint in this matter, said Defendant negligently owned]
controlled, entrusted, repaired, operated, leased, occupied, managed, maintained and/or otherwise

controlled the business store where Plaintiff slipped and fell.
To adequately prepare for trial, Plaintiffs counsel served Special Interrogatories, Set No. Three
10
propounded to Dolgen Califomia by mail on April 27, 2020. (Justin Farahi Decl., § 2.). The time fo:
il
Defendant to serve a timely response expired on June 1, 2020. (Justin Farahi Decl., 4 3.). On June 12)
12
2020, Plaintiffs counsel granted an extension to serve discovery responses until July 3, 2020. (Justin)
13
Farahi Decl., 9 4.)
14
On July 6, 2020, the legal assistant of Plaintiffs counsel (hereinafter referred to as “lega
15
assistant”), sent an email to Defendant’s counsel to follow up regarding the pending discovery]
16
responses. Defendant’s counsel responded that he will serve all pending discovery responses by Jul
17
7, 2020. Unfortunately, by that same date, Plaintiff's counsel did not receive responses to any of the
18
outstanding discovery, including the Special Interrogatories, Set No. 3 from Defendant’s counsel]
19
(Justin Farahi Decl., 5.)
20
On July 8, 2020, the legal assistant sent an email to Defendant’s counsel to follow up further
21
regarding the pending discovery responses. However, Plaintiffs counsel did not receive any response]
22
The following day, July 9, 2020, the legal assistant followed up again. One of the partners off
23
Defendant’s counsel sent an e-mail that Defendant’s counsel may not be able to respond until July 10)
24
2020. Thereafter, Plaintiff's counsel did not receive any response from Defendant’s counsel until Jul:
25
14, 2020, when Defendant’s counsel promised to serve all verified responses by July 17, 2020
26
However, to this date, Plaintiffs counsel has still not received any responses to the outstanding)
27
discovery, including Plaintiffs Special Interrogatories, Set No. Three. (Justin Farahi Decl., 16.)
28 MEMORANDUM OF POINTS AND AUTHORITIES SUPPORTING PLAINTIFF’S MOTION TO COMPEL
RESPONSES TO INTERROGATORIES AND REQUEST FOR MONETARY SANCTIONS AGAINST DEFENDANT!
AND ITS COUNSEL OF RECORD
-3-
II. LEGAL ARGUMENT

A. Defendant Should Be Compelled to R ond to the Special Interrogatories, Without
Objections
Code of Civil Procedure §2030.260 requires a party to respond to interrogatories within 30 days
after service of interrogatories. When the discovery is served by mail, the party is afforded an additional]
five days to serve responses. (Code of Civil Procedure § 1013a). Code of Civil Procedure §2030.27

permits the propounding and responding parties to informally agree on a later date for service of|
responses to interrogatories beyond that provided by Section 2030.260.
In the event the responding party fails to serve a timely response, the propounding party ma
10
move the Court for an order compelling response to the interrogatories. (Code of Civil Procedure §
il
2030.290, subd. (b).)
12
Moreover, when a party does not provide a timely response to interrogatories, the party waives
13
any objection to them. This is explicitly provided under Code of Civil Procedure § 2030.290)
14
subdivision (a), to wit:
15
“If a party to whom interrogatories are directed fails to serve a timely response,
16
the following rules apply:
17
“The party to whom the interrogatories are directed waives any right to
18
exercise the option to produce writings under Section 2030.230, as well as any
19
objection to the interrogatories, including one based on privilege or on the
20 protection for work product under Chapter 4 (commencing with Section
21 2018.010).”
22 Pursuant to the extensions granted by Plaintiff, Defendant’s responses to Special
23 Interrogatories, Set Three, were due, at the latest, on July 7, 2020. As Defendant has failed to timel
24 respond, Plaintiff seeks an order compelling Defendant to serve verified responses to sai
25 interrogatories, without objection, so that Plaintiff may adequately prepare the case for trial.
26

28 MEMORANDUM OF POINTS AND AUTHORITIES SUPPORTING PLAINTIFF’S MOTION TO COMPEL
RESPONSES TO INTERROGATORIES AND REQUEST FOR MONETARY SANCTIONS AGAINST DEFENDANT!
AND ITS COUNSEL OF RECORD
-4-
1 B. Pursuant to California C ode of Civil Procedure § 2030.290, the Court Must Impose a
Monetary Sanction on the Party Whose Failure to Serve a Timely Response Necessitated|
the Motion to Compel.

Under the Code of Civil Procedure (“CCP”), attomeys’ fees as sanctions may be awarded foi

misuses of the discovery process. CCP § 2030.290, subdivision (c) states in pertinent part:
"The court shall impose a monetary sanction under Chapter 7 (commencing with Sectio
2023.010) against any party, person, or attomey who unsuccessfully makes or opposes a motion to]
compel a response to interrogatories, unless it finds that the one subject to the sanction acted with]
substantial justification or that other circumstances make the imposition of the sanction unjust)
(emphasis added.)
10
Further, CCP § 2023.030, subdivision (a), authorizes the court to impose monetary sanctions
il
against anyone who engages in conduct, or any attorney advising that conduct, which constitutes aj
12
misuse of the discovery process. CCP § 2023.010 defines “misuses of the discovery process”
13
pertinent part, as follows:
14
“Misuses of the discovery process include, but are not limited to, the following:
15 ‘

16
“a Failing to respond or to submit to an authorized method of discovery.
17 ‘

18
“hy Making or opposing, unsuccessfully and without substantial justification,
19
a motion to compel or limit discovery.”
20

21 As a result of the responding party’s failure to respond to Special Interrogatories described]
22 above, the moving party has incurred and will incur reasonable expenses in the amount of $1,360 in|
23 connection with the bringing of this motion. (Justin Farahi Decl., 417.)
24 The moving party therefore requests that this Court issue an order (1) compelling Defendant to}
25 provide a verified response to Plaintiff's Special Interrogatories, Set No. 3, without any objections; an
26 (2) Imposing monetary sanctions in the sum of $1,360 upon Defendant Dolgen Califomia LLC|
27

28 MEMORANDUM OF POINTS AND AUTHORITIES SUPPORTING PLAINTIFF’S MOTION TO COMPEL
RESPONSES TO INTERROGATORIES AND REQUEST FOR MONETARY SANCTIONS AGAINST DEFENDANT!
AND ITS COUNSEL OF RECORD
-5-
(erroneously sued herein as Dollar General), and Borton Petrini, LLP, its counsel of record, jointly an

severally.

Dated: August 4, 2020

Justin Farahi, Esq.
Attomey for Plaintiff

28 MEMORANDUM OF POINTS AND AUTHORITIES SUPPORTING PLAINTIFF’S MOTION TO COMPEL
RESPONSES TO INTERROGATORIES AND REQUEST FOR MONETARY SANCTIONS AGAINST DEFENDANT!
AND ITS COUNSEL OF RECORD
-6-
DECLARATION OF JUSTIN FARAHI
1. L Justin Farahi, am an attorney at law duly admitted to practice before all courts of the Statd

of California, and am Plaintiff’s counsel of record in this matter. The facts stated herein are within m

personal knowledge except as to those stated on information and belief and, as to those, I believe them]

to be true, and could and would testify thereto after being duly sworn. I declare the following in suppor}
of Plaintiffs Motion to Compel Responses to Special Interrogatories and for Monetary Sanctions.
2. On April 27, 2020, Plaintiff served her Special Interrogatories, Set No. Three to propounde
to Defendant Dolgen California LLC (erroneously sued herein as Dollar General) by mail. The time
for Defendant to serve a timely response expired on June 1, 2020. A true and correct copy of the Special]
10 Interrogatories, Set No. Three is attached as Exhibit 1.
il 3. Unfortunately, I did not receive any discovery responses from Defendant’s counsel by June

12 1, 2020.
13 4. On June 12, 2020, I, through my legal assistant, granted an extension to serve all discovery
14 responses including the Special Interrogatories, Set No. Three until July 3, 2020. A true and correct
15 copy of Defendant’s acknowledgment of said extension is attached as Exhibit 2.

16 5. On July 6, 2020, my legal assistant sent an email to Defendant’s counsel to follow up

17 regarding the pending discovery responses. Defendant’s counsel responded that he will serve al

18 pending discovery responses by July 7, 2020. Unfortunately, by that date, I did not receive responseg

19 to any of the outstanding discovery, including the Special Interrogatories, Set No. Three, from]

20 Defendant’s counsel. True and correct copies of the email dated July 6, 2020 and the email off

21
Defendant’s counsel dated July 6, 2020 are attached as Exhibit 3 and Exhibit 4, respectively.

22
6. OnJuly 8, 2020, my legal assistant, sent an email to Defendant’s counsel to follow up furthe:

23
regarding the pending discovery responses. However, I did not receive any response from Defendant’s|

24
counsel. The following day, July 9, 2020, my legal assistant followed up again. One of the partners off
Defendant’s counsel sent an e-mail that Defendant’s counsel may not be able to respond until July 10)
25

2020. Thereafter, I did not receive any response from Defendant’s counsel until July 14, 2020, whe
26

28 PLAINTIFF'S MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR MONETARY
SANCTIONS AGAINST DEFENDANT AND ITS COUNSEL OF RECORD
Defendant’s counsel promised to serve all verified responses on July 17, 2020. However, to this date]

I have still not received any responses to the outstanding discovery, including the Special]
Interrogatories, Set No. Three. True and correct copies of the emails dated July 8, 2020, July 9, 202

and July 14, 2020 are attached as Exhibit 5, Exhibit 6 and Exhibit 7, respectively.
7. As aresult of Defendant’s failure to respond to the Special Interrogatories described above]
Plaintiff is forced to proceed with this motion. A total of $1,360 in reasonable attorneys’ fees and costs
have been incurred and are anticipated to be incurred in connection with the preparation and bringing
of this discovery motion. Said fees and costs are described more specifically as follows:

e Preparation of the moving papers, including the notice of motion, memorandum of
10
points and authorities, the supporting declaration and exhibits, and the proposed order]
il for 4.50 hours at a rate of $ 200 per hour, which equals $900;
12 Anticipated evaluation of opposing papers and preparation of the reply papers for 1]
13 hour, which equals $200;

14 Anticipated telephonic appearance and argument at the hearing of this motion for1 hour]

15
which equals is $200;
and
16
e The motion filing fee of $60.
17
I declare under penalty of perjury under the laws of the State of California that the foregoing is
18
true and correct.
19

21
Dated: August4, 2020
Z<——— ——----
Justin Farahi, Declarant
22

28 PLAINTIFF'S MOTION TO COMPEL RESPONSES TO INTERROGATORIES AND REQUEST FOR MONETARY
SANCTIONS AGAINST DEFENDANT AND ITS COUNSEL OF RECORD
EXHIBIT
l
Justin Farahi (State Bar No. 298086)
FARAHI LAW
12079 Jefferson Boulevard
Los Angeles, CA 90230
Telephone: (310) 774-4500
Fax: (424) 295-0557

Attomey for Plaintiff
WENDILY NNE WESLA WATTSAVILLA

SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF BUITE

WENDILYNNE WESLA WATTSAVILLA,) CASE NO.: 17CV00690
an individual,

10 Plaintiff, ) PLAINTIFF’S REQUEST FOR SPECIAL
OGATORIES, SET THREE
11 vs.
)
DOLLAR GENERAL, a corporation, and.
DOES 1 through 30, inclusive, ) Complaint Filed: March 20, 2017

Defendants. )
4
aaa

16 PROPOUNDING PARTY PLAINIIFF WENDILYNNE WESLA
WATTSAVILLA
1
RESPONDING PARTY: DEFENDANT DOLGEN CALIFORNIA
SET NO.: THREE

Plaintiff Wendilynne Wesla Wattsavilla (“Plaintiff’) requests that Defendant Dolgen
21 Califomia (“Defendant”) answer the following special interrogatories under oath, pursuant to

section 2030.260 of the Code of Civil Procedure (“CCP”) within thirty (30) days.

INSTRUCTIONS TO DEFENDANT

1 An answer or other appropriate response must be given to each interrogatory.

2 As a general rule, within thirty (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 CCP§ 2030.260 for details.

“i
3 Each answer must be as complete and straightforward as the information

reasonably available to you permits. If an interrogatory cannot be answered completely, answer it

to the extent possible.

4 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.

5. 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

10 interrogatory can be found.

11 6 Whenever an address and telephone number for the same person is requested in

more than one interrogatory, you are required to furnish them in answering only the first

interrogatory asking for that information.

4 7 Y our answers to these interrogatories must be verified, dated, and signed.

DEFINITIONS

16 As used herein, the term the PROPERTY refers to Dollar General Store located at 6574

1 Clark Rd., Paradise, California 95968the term PLAINITIFF refers to Plaintiff WENDILY NNE

WESLA WATTSAVILLA; the term YOU or DEFENDANT refers to Defendant DOLLAR

GENERAL and its successors, assignors, assigns, affiliates, subsidiaries, agents, representatives,

and attomeys and any and all other persons acting on behalf or in concert with Defendant; the term

21 PERSON or PERSONS means any natural person or any business, legal or governmental entity

or association; the term INCIDENT shall refer to the incident that took place at Dollar General

located at 6574 Clark Rd., Paradise, California 95968 in which Plaintiff was injured when she fell

on or about October 30, 2016; the term “THE FLOOR”, “FLOOR” or “FLOORS” shall refer to

the interior floors at the PROPERTY where PLAINTIFF slipped and fell; the term RELATE TO

or RELATING TO means mentioning, discussing, summarizing, describing, referring to,

evidencing, depicting, embodying, constituting or reporting; the tem IDENTIFY means to

establish or indicate who or what (someone or something) is; the term MOTIFY or
-ii-
MOTIFICATIONG) means to make partial or minor changes to (something); the term

PROCEDURE or PROCEDURES means an established or official way of doing something; and

the term PERFORM or PERFORMED means to carry out, accomplish, or fulfill (an action, task,

or function).

INTERROGATORIES

SPECIAL INTERROGATORY NO. 124:

IDENTIFY all PERSONS, including Y OUR agents who have responded to, witnessed

and/or investigated the INCIDENT.
SPECIAL INTERROGATORY NO. 125:

10 Describe in complete detail the correspondence and substances of any conversations Y OU,

11 or any of YOUR agents, have had with the PLAINTIFF following the INCIDENT at the

PROPERTY.

SPECIAL INTERROGATORY NO. 126:

4 IDENTIFY all PERSONS, including all YOUR employees or agents, who inspected the

FLOORS at any time on the date of the INCIDENT.

16 SPECIAL INTERROGATORY NO. 127:

1 IDENTIFY Y OUR employee/s that is most knowledgeable regarding the maintenance of

the FLOORS on the date of the INCIDENT.

SPECIAL INTERROGATORY NO. 128:

IDENTIFY Y OUR employee/s that is most knowledgeable regarding the replacement of

21 mats on the date of the INCIDENT.

SPECIAL INTERROGATORY NO. 129:

Prior to the date of the INCIDENT, describe in detail all PROCEDURES PERFORMED

on THE FLOOR of YOUR PROPERTY to ensure it is compliant with the STANDARD

PRACTICE FOR SAFE WALKING SURFACES (STANDARD PRACTICE FOR SAFE

WALKING SURFACES mean industry standards as set by the Americans with Disability Act,

California Building Code and the A merican Society for Testing and Materials (ASTM), among

others), including results of field slip resistance tests.

-lil-
SPECIAL INTERROGATORY NO. 130:

IDENTIFY the slip resistance index of THE FLOORS on YOUR PROPERTY for both dry

and wet conditions.

SPECIAL INTERROGATORY NO. 131:

Please IDENTIFY any managers working at YOUR PROPERTY on the date of the

INCIDENT.

SPECIAL INTERROGATORY NO. 132:

Please IDENTIFY all assistant managers working at YOUR PROPERTY on the date of the
INCIDENT.

10 SPECIAL INTERROGATORY NO. 133:

11 Please IDENTIFY all PERSONS who investigated the INCIDENT.

SPECIAL INTERROGATORY NO. 134:

Please IDENTIFY any and all maintenance personnel on duty at the PROPERTY on the

4 date of the INCIDENT.

SPECIAL INTERROGATORY NO. 135:

16 State the exact times, including at what time of the day, the mat by the front entrance was

1 replaced on the date of the INCIDENT.

SPECIAL INTERROGATORY NO. 136

IDENTIFY all DOCUMENTS RELATED TO the exact times the mat by the front

entrance was replaced on the date of the INCIDENT.

21 SPECIAL INTERROGATORY NO. 137:

State the exact times, including at what time of the day, THE FLOOR by the front entrance

was swept on the date of the INCIDENT.

SPECIAL INTERROGATORY NO. 138:

IDENTIFY all DOCUMENTS RELATED TO the exact times THE FLOOR by the front

entrance was swept on the date of the INCIDENT.

Il
Il
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SPECIAL INTERROGATORY NO. 139:

State the exact times, including at what time of the day, the FLOOR by the front entrance

was mopped on the date of the INCIDENT.

SPECIAL INTERROGATORY NO. 140:

IDENTIFY all DOCUMENTS RELATED TO the exact times the FLOOR by the front

entrance was swept on the date of the INCIDENT.

SPECIAL INTERROGATORY NO. 141:

List all PROCEDURES YOU followed when “water was tracked in with every customer”

on the day of the INCIDENT, as stated in YOUR response to Special Interrogatories No. 20, Set

10 One.

11 SPECIAL INTERROGATORY NO. 142:

IDENTIFY all DOCUMENTS RELATED TO the list of PROCEDURES Y OU followed

when “water was tracked in with every customer” on the day of the INCIDENT, as stated in

4 Y OUR response to Special Interrogatories No. 20, Set One.

SPECIAL INTERROGATORY NO. 143:

16 List all PROCEDURES YOU PERFORMED when PLAINTIFF was injured on the

1 PROPERTY on the date of the INCIDENT, as recommended by YOUR “Standard Operating

Procedures” YOU produced in YOUR response to Supplemental Request for Production of

Documents and Things, Set One.

SPECIAL INTERROGATORY NO. 144:

21 IDENTIFY all DOCUMENTS which refer to, evidence, or reflect that YOU followed the

list of PROCEDURES when PLAINTIFF was injured on the day of the INCIDENT, as stated in

Y OUR response to Special Interrogatories, Set One.

SPECIAL INTERROGATORY NO. 145:

Describe in detail the result of any investigation made by YOU or any of YOUR agents

regarding the INCIDENT on YOUR PROPERTY.

Il
Il
-V-
SPECIAL INTERROGATORY NO. 146

List all dates of any incident reports made in the five years prior to this INCIDENT of all

injuries on the PROPERTY.

SPECIAL INTERROGATORY NO. 147:

IDENTIFY all DOCUMENTS RELATED TO any incident reports made in the five years

prior to this INCIDENT of all injuries on the PROPERTY .

SPECIAL INTERROGATORY NO. 148:

State all facts RELATED TO all injuries suffered by anybody on the PROPERTY in the
last five years.

10 SPECIAL INTERROGATORY NO. 149:

11 IDENTIFY all DOCUMENTS RELATED TO all injuries suffered by anybody on the

PROPERTY in the last five years.

SPECIAL INTERROGATORY NO. 150:

4 IDENTIFY the names of all PERSONS who have suffered any injuries on the PROPERTY

in the last five years.

16 SPECIAL INTERROGATORY NO. 151:

1 State the details RELATED TO how each PERSON has suffered any injuries on the

PROPERTY in the last five years.

SPECIAL INTERROGATORY NO. 152:

IDENTIFY all DOCUMENTS RELATED TO how each PERSON has suffered any

21 injuries on the PROPERTY in the last five years.

SPECIAL INTERROGATORY NO. 153:

State all facts RELATED TO any prior lawsuits RELATED TO the PROPERTY in the last

five years.

SPECIAL INTERROGATORY NO. 154:

IDENTIFY all DOCUMENTS RELATED TO any prior lawsuits RELATED TO the

PROPERTY in the last five years.

Il
-vi-
SPECIAL INTERROGATORY NO. 155:

State all facts RELATED TO any pending lawsuits RELATED TO THE PROPERTY in

the last five years.

SPECIAL INTERROGATORY NO. 156:

IDENTIFY all DOCUMENTS RELATED TO any pending lawsuits RELATED to the

PROPERTY in the last five years.

Dated: April 27, 2020 FARAHI LAW FIRM, APC
10
11 By: =a ao
Justin Farahi
Attomey for Plaintiff
WENDILY NNE WESLA WATTSAVILLA

16
1

-Vii-
PROOF OF SERVICE

I am employed in the County of Los Angeles, State of Califomia. I am over the age of 18

years, and not a party to this action. My business address is 12079 Jefferson Boulevard, Los

Angeles, CA 90230.

On April 27, 2020, I served the following document or documents:

PLAINTIFF’S REQUEST FOR SPECIAL INTERROGATORIES, SET THREE

By fax transmission. Based on an agreement of the parties to accept service by fax
transmission, I faxed the documents to the persons at the fax numbers listed below. No
error was reported by the fax machine that | used. A copy of the record of the fax
transmission, which is printed out, is attached.

By United States mail. I enclosed the documents in a sealed envelope or package
addressed to the persons at the address listed below (specify one):
10
O Deposited the sealed envelope with the United States Postal Service, with the
11 postage fully prepaid.
12 XI Placed the envelope for collection and mailing, following our ordinary business
practices. I am readily familiar with the business’s practices for collecting and
13 processing correspondence for mailing. On the same day that correspondence is
placed for collection and mailing, it is deposited in the ordin course of business
14 with the United States Postal Service, in a sealed envelope wi postage fully
prepaid.
15
I am a resident or employed in the county where mailing occurred. The envelope or
16 package was placed in the mail at Torrance, California.
17 By personal service. I personally delivered the documents to the persons at the addresses
listed below. (1) For a party represented by an attorney, the delivery was made to the
18 attormey or at the attorney’s office by leaving all the documents in an envelope or package

19 h
that was clear! labeled to identify the attorney being served with a receptionist or an
individual in c! arge of the office. (2) Fora party, delivery was made to the party or by
leaving the documents at the party’s residence with some person not less than 18 years of
20 age between the hours of eight in the morning and six in the evening.
21 By messen: jer service. I served the documents by placing them in an envelope or
package ad ressed to the persons at the addresses listed below and providing them to a
22 professional messenger service for service. A Declaration of Messenger is attached.
23
I
By overnight delivery. I enclosed the documents in an envelope or packa je provided by
an overnight delivery carrier and addressed to the persons at the addresses isted below. I
24

25
f
placed the envelope or package for collection and overnight delivery at an office or a
regularly utilized drop box o: the overnight delivery carrier.

By e-mail or electronic transmission. Based on a court order or an agreement of the
26 parties to accept service by e-mail or electronic transmission, I caused the documents to be
sent to the person at the e-mail addresses listed below. I did not receive, within a
27 reasonable time after the transmission, any electronic message or other indication that the
transmission was unsuccessful.
28

PROOF OF SERVICE
SERVICE LIST

R. Mac Prout, Esq. Attomey for Defendant
BORTON PETRINI, LLP Dollar eneral
8950 Cal Center Drive, Suite 265
Sacramento, CA 95826
916-858-1212
916-858-1252

X (State) I declare under penalty of perjury under the laws of the State of California
that the above is true and correct.

O (Federal) I declare under penalty of perjury thatI am employed in the office of a
member of the bar of this court at whose direction the service was made, and that the foregoing is
true and correct.
10
Executed on April 27, 2020, at Los Angeles, California.
11

13 Alice Ventura

18
19

PROOF OF SERVICE
EXHIBIT
2
8/3/2020 farahilaw.com Mail - Fwd: Wattsvilla v. Dollar General

M1 Gmail Mila Polinar

Fwd: Wattsvilla v. Dollar General
Sarah Ornelas Fri, Jun 12, 2020 at 2:10 PM
To: "justin@farahilaw.com" , "mila@farahilaw.com"
Cc: Maranda Jantz , Dana Kindle , "R. Mac Prout"
, Maureen Price , Claudia Aceves

Good afternoon, Justin,

This email is to confirm my conversation with Mila from your office a few moments ago. Given the circumstances, your
office graciously agreed to provide us with a discovery extension (on all outstanding discovery until July 3, 2020).

Mila and Maureen (Mac’s assistant) will speak to discuss new Deposition dates. Given Mac’s schedule, they will be
discussing dates during the latter % of July.

Thank you again for your professional courtesy, and have a good weekend.

Sarah

A
Sarah Ornelas
Partner

201 Needham Street Tel: (209) 576-1701
Modesto, CA 95354 Fax: (209) 527-9753
sornelas@bortonpetrini.com
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posal iroste) eos) BY eto) oronys omnia Betec ta icy

Pe
[CoD eed | (CPsb (OR Yorer ‘TON eyo w| (Oe) ebro COC) kta beBd
RINI Send See
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CONFIDENTIALITY NOTICE: This communication and any accompanying document(s) are confidential and privileged. They are
intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying,
or distribution, or the taking of any action in reliance upon the communication is strictly prohibited. Any inadvertent disclosure
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8/3/2020 farahilaw.com Mail - Fwd: Wattsvilla v. Dollar General
shall not compromise or waive the attorney-client privilege and/or attorney work-product privilege as to this communication,
any attachments or otherwise. If you have received this communication in error, please contact Sarah Ornelas at
sornelas@bortonpetrini.com or by telephone at (209) 576-1701. This e-mail address is not valid for delivery of legal notices or
legal mail. Thank you.

From: Sarah Ornelas
Sent: Friday, June 12, 2020 12:51 PM
To: justin@farahilaw.com
Cc: Maranda Jantz ; Dana Kindle ; R. Mac Prout
; Maureen Price ; Claudia Aceves

Subject: RE: Wattsvilla v. Dollar General

Hi, Justin,

Just following-up on my email on Monday.

Also, | just realized that we may have outstanding discovery owed to you. | don’t know if you and Mac had already
agreed to an extension. However, in the event that you did not, will you agree to an extension until July 3 to respond to
any outstanding discovery? This will hopefully give Mac time to return to the office, and get substantive responses back
to you.

Feel free to give me a call if you'd like to discuss either issue. | can be reached at my office — 209-576-1701.

Thanks,

A
Sarah Ornelas
Partner

201 Needham Street Tel: (209) 576-1701
Modesto, CA 95354 Fax: (209) 527-9753
sornelas@bortonpetrini.com
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bay Sit eros) i Wydod BN Const oy fer: ortniny Betecti ts cy
(CONES Vs)| ep aes e3 rer) BoRTON BU ETCO CN Comex n er)
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CUES E Ines (ob) expe ee}

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CONFIDENTIALITY NOTICE: This communication and any accompanying document(s) are confidential and privileged. They are
intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying,
or distribution, or the taking of any action in reliance upon the communication is strictly prohibited. Any inadvertent disclosure
shall not compromise or waive the attorney-client privilege and/or attorney work-product privilege as to this communication,
any attachments or otherwise. If you have received this communication in error, please contact Sarah Ornelas at
sornelas@bortonpetrini.com or by telephone at (209) 576-1701. This e-mail address is not valid for delivery of legal notices or
legal mail. Thank you.

From: Sarah Ornelas
Sent: Monday, June 8, 2020 2:47 PM
Te
jiustin@farahilaw.com
Cc: Maranda Jantz ; Dana Kindle ; R. Mac Prout
; Maureen Price
Subject: Wattsvilla v. Dollar General

Good afternoon, Justin,

[Quoted text hidden]

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8/3/2020 farahilaw.com Mail - Wattsavilla Case - Deposition Schedules

M1 Gmail Mila Polinar

Wattsavilla Case - Deposition Schedules
Gerald Bowe Mon, Jul 6, 2020 at 12:09 PM
To: "R. Mac Prout"
Ce: Justin Farahi , Mila Polinar

Hi Mr. Prout,

I'll relay your proposal and/or objections to Justin.

In the meantime, | would like to follow-up Defendant's discovery responses which we should have received last 3 July
2020.

Based on Ms. Sarah Ornelas' email dated June 12, 2020, we should have received said discovery responses last 3 July
2020.

Best regards,

eo Virus-free. www.avast.com

[Quoted text hidden]

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167 149577620637 1472&simpl=msg-f%3A167 1495776206... 41
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8/3/2020 farahilaw.com Mail - Wattsavilla Case - Deposition Schedules

M1 Gmail Gerald Bowe

Wattsavilla Case - Deposition Schedules
R. Mac Prout Mon, Jul 6, 2020 at 12:33 PM
To: Gerald Bowe
Ce: Sandra Cole

Will do, | have a deposition starting in a few minutes and will do my best to
respond by the end of the day. If | am unable to do so | will respond
tomorrow.

Mac

®
R. Mac Prout
Managing Attorney - Sacramento office

8950 Cal Center Drive, Suite 265 Tel: (916) 858-1212
Sacramento, CA 95826 Fax: (916) 858-1252
rprout@bortonpetrini.com
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(Cb) sit) | (oss) Pose bd e3 x rr) BoRTON eee wi) er) Bex LUC) Pes

Reap iccn
ttc Rump) a PETRINI
erwin
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CONFIDENTIALITY NOTICE: This communication and any accompanying document(s) are confidential and privileged. They are
intended for the sole use of the addressee. If you receive this transmission in error, you are advised that any disclosure, copying,
or distribution, or the taking of any action in reliance upon the communication is strictly prohibited. Any inadvertent disclosure
shall not compromise or waive the attorney-client privilege and/or attorney work-product privilege as to this communication,
any attachments or otherwise. If you have received this communication in error, please contact R. Mac Prout at
rprout@bortonpetrini.com or by telephone at (916) 858-1212. This e-mail address is not valid for delivery of legal notices or legal
mail. Thank you.

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8/3/2020 farahilaw.com Mail - Wattsavilla Case - Deposition Schedules

From: Gerald Bowe
Sent: Monday, July 6, 2020 12:31 PM
To: R. Mac Prout
Subject: Re: Wattsavilla Case - Deposition Schedules

Hi Mr. Prout,

| also just want to follow up the pending discovery responses that we should have received last 3 July 2020.

Best regards,

Virus-free. www.avast.com

On Mon, Jul 6, 2020 at 12:29 PM R. Mac Prout wrote:

Thank you Mr. Bowe. Additionally please note the information my assistant
just received from Duensing Reporters:

| received a return call from Duensing Deposition Reporters in Chico. They do
have Zoom Remote Deposition capability. It is best if the Deponents come into
their Chico office, which will be opened for them.

For the depositions, the Reporters will set up the links and send the remote parties
the log on information. Each party will have to be set up with a computer or lap top
with camera and microphone capabilities. If wanted, a

Case Info

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Stephen E. Benson Track Judge’s New Case

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Document Filed Date

August 04, 2020

Case Filing Date

March 20, 2017

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Party Discovery: Wattsavilla, Wendilynne Wesla vs. Dollar General

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