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JAMES ATTRIDGE [Bar No. 124003)
LAW OFFICE OF JAMES ATTRIDGE
270 Divisadero Street, #3
San Francisco, CA 94117
Telephone: (415) 552-3088 FILED
SAN MATEO COUNTY
Attorneys for Defendant
BJ Interstate Auto Transporters, Inc. oct 10-2018
ical the S ior)
OLEn
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN MATEO
10 UNLIMITED JURISDICTION
11
12 ANDY SABERI Case No: CIV: 536294
13 Plaintiff, DECLARATION OF JAMES ATTRIDGE IN
OPPOSITION TO MOTION IN LIMINE
14 VS. NUMBER TWO TO EXCLUDE EVIDENCE
THAT CARRIER WAS UNINSURED (SIC)
15 LES STANFORD CHEVROLET — —
CADILLAC, INC., et. al. crvs36294
DIO
16 Declaration in Opposition
| iil l | ll ll
Defendants.
17
18 we —---
19 I, James Attridge, declare and state that I am licensed to practice law in California and am
20 counsel of record for defendant BJ Interstate Auto Transporters, Inc. I know the following of my
21 own personal knowledge and if called upon to do so could and would competently testify thereto
22 1 Paragraph 4 of the Declaration of James Dombroski in support of this motion in
23 limine states “BJ Interstate served a set of requests for admissions. At the time of the original
24 response, the information as to whether or not Dedyk was insured was not known to my client and
25 he therefore originally responded that he was unable to admit or deny it.”
26 2. As early as February 29 2016 and later on March 23, 2016Mr. Dombroski received
27 e-mails from attorney Steven Soltzman identifying himself as coverage counsel for Safe Auto
28 Transport. Mr. Dombroski authenticated them in a declaration he filed in this court on July 26, 2016
1
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»
YS
oe
On July 15, 2016 in connection with his CCP 473 motion Mr. Dedyk filed a declaration under
penalty of perjury stating: “After submitting the claim to my insurance broker I believed my
insurance carrier was handling the litigation.” On January 24, 2017 Bogdan Dedyk served verified
responses to Form Interrogatories promulgated by Mr. Saberi identifying a policy issued by Great
Lakes Insurance (UK) as the Motor Truck Cargo Legal Liability Policy in effect at the time of the
incident. A true and correct copy of the response is attached. PlaintiffSaberi’s bare bones responses
to BJ Interstate’s Requests for Admission executed five months later denied that Dedyk was
insured at the time of loss after having “made a reasonable inquiry.” Mr. Saberi apparently had not
inquired of his own file.
10 3 Paragraph 6. of the Declaration of James Dombroski in support of this motion
11 questions the veracity of the attached deposition excerpt from my declaration in support of the
12 motion claiming: “the page has been altered, is incorrect, AND IS NOT THE ACTUAL PAGE.”
13 He also states: “It is not clear how counsel for BJ Interstate obtained this page.”
14 4 Here goes. On her own initiative the court reporter recognized her error and corrected
15 it. Whether or not she sent the corrected version to Mr. Dombroski is unknown to me.
16 5 What is easily known, however, to anyone who reads the prior two pages of the
17 transcript is that the change is absolutely consistent with Mr. Dedyk’s prior two pages of testimony,
18 both establishing that he was in fact insured. (p. 73: 19-p.74 line 5, p. 73: 11-14, p. 75:12- p. 76: 2.A
19 true and correct copy of those pages is attached.
20 6 Finally, paragraph 3 of the Dombroski declaration avers that the negligent brokering
21 to an uninsured carrier “was not the exclusive basis for the claim of negligence”: a claim he makes
22 elsewhere as well. But he never corroborates that claim and cannot do so. The first amended
23 complaint makes that plain.
24 I declare under penalty of perjury under the laws of the State of California that the above is
25 true and correct. Executed October 9, 2018.
26
27
28 James ttridge, Counsel for BJ Interstate
2
Footer Title
—
ae
MICHAEL J. LEVANGIE, State Bar # 160163
ALEX MILLINGTON, State Bar 270630
LEVANGIE LAW GROUP
2021 N Street
Sacramento, CA 95811
Tel (916) 4 3. 4849
Fax: (916) 443-4855
Email Michael. Jevangie@llg-law.com
5
Attorneys for Defendant
6 BOGDAN DEDYK dba SAFE AUTOT RANSPORT
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN MATEO
10
il ANDY SABERI CASE NO. CIV 536294
12 Plaintiff, DEFENDANT BOGDAN DEDYK dba
SAFE AUTO TRANSPORT’S
13 Vv. RESPONSES TO PLAINTIFF'S
FORM INTERROGATORIES.
14 LES STANFORD CHEVROLET CADILLAC. SET ONE
c
INC., BJ INTERSTATE AUTO
45 TRANSPORTERS, INC., a Nevada corporation.
BOGDAN DEDYK, doing business as SAFE
16 AUTO TRANSPORT, an individual, and DOES
] through 25, inclusive.
17
Defendants.
18
19 PROPOUNDING PARTY Plaintiff, ANDY SABERI
20 RESPONDING PARTY Defendant, BOGDAN DEDYK dba SAFE AUTO
TRANSPORT
21
SET NUMBER One
22
Pursuant to Code of Civil Procedure § 2030.010 e7 seg., Defendant, BOGDAN DEDYK
23
dba SAFE AUTO TRANSPORT, responds to Plaintiff's Form Interrogatories, Set No. One.
24
Defendant has not completed its investigation of the facts relating to this case, has not fully
25
completed its discovery in this action, and has not completed preparation for trial All the
26
responses contained herein are based only upon such information and documents which are
27
presently and specifically known to this Defendant It is anticipated further discovery
28
1
(5)
DEFENDANT BOGDAN DEDYK, DBA SAFE AUTO TRANSPORT’S RESPONSES TO PLAINTIFF'S
FORM INTERROGATORIES, SET ONE
i
RESPONSE TO INTERROGATORY NO. 3.7:
None other than those referenced in responses to Form Interrogatories 2.4 and 3.6, above.
INTERROGATORY NO. 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
pi 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
10 contained in the policy; (f) whether any reservation of rights or controversy or coverage dispute
jd exists between you and the insurance company; and (g) the name, ADDRESS, and telephone
12 number of the custodian of the policy.
13 RESPONSE TO INTERROGATORY NO. 4.1:
14 Yes
15, (a) Motor Truck Cargo Legal Liability Policy
16 (b) Great Lakes Reinsurance (UK) SE, 3205 Peach St., Erie, PA 16508, (814) 456-0498.
7 (c) Bodgan Dedyk, dba Safe Auto Transport, who may be contacted through his counsel
18 of record.
19 (d) RK76794A15
20 (e) Liability limit of $250,000 for any one truck and $250,000 for any single loss.
21 (f) Upon information and belief, the policy is in the possession of Great Lakes
Reinsurance.
22
23 FORM INTERROGATORY NO. 4.2:
24 Are you self-insured under any statute for the damages, claims, or actions that have arisen
25 out of the INCIDENT? If so, specify the statute.
26 RESPONSE TO NO. 4.2:
27 No.
28 fil
7
DEFENDANT BOGDAN DEDYK, DBA SAFE AUTO TRANSPORT’S RESPONSES TO PLAINTIFF'S
FORM INTERROGATORIES, SET ONE
Re: Saberi v, Bogdan Dedyk dha Safe Auto ener
San Mateo County Superior Court Case No. CTV 53629:
VERIFICATION
Defendant Bogdan Dedyk dba Safe Auto TransportsResponses, to
Plaintiff's Form Interrogatories, Set One”
{X] Tam a party to this action, The matters stated in the document described above are true of
my own knowledge and belief except as to those matters stated on information and belief,
and as to those matters I believe them to be true
Q 1am an officer of *. J am familiar with the contents of the document described above.
10 The information supplied therein is based on my own personal knowledge, supplied by
UW my attorneys or other agents, and/or compiled from available documents and is therefore
12 provided as required by law. The information contained in the foregoing document is
13 true, except as to the matters which were provided by my attomeys or other agents or
4 compiled from available documents, including all contentions and opinions, and as« to
45 those matters, lam informed and believe that they are true.
16 0 Tam the attorney, or one of the attorneys for a party to this action. Such party is absent
7 from the county where 1 or such attomeys have their offices, and is unable to verify the
18 document described above. For that reason, I am making this verification for and on
19 behalf of that party. | am informed and believe and on that ground allege that the matters
20 stated in said document are true
24 I declare under penalty of perjury under the laws of the State of Califormia that the
22 foregoing is true and correct,
Executed this.24/ day of January, 2017, at Roseville, Califomia,
24
25 lyk
26
27
28
Defendant Bogdan Dedyk dba Safe Auto Transport’s Responses to Plaintiff's Form Interrogatories, Set One
j
Re: Saberiv. Les Stanford Chevrolet Cadillac, Inc., et al.
San Mateo Superior Court, Case Number: C1V536294
PROOF OF SERVICE
1, the undersigned, declare that 1 am, and was at the time of service of the papers herein
referred to, over the age of 18 years and not a party to the within action or proceeding. My
business address is 2021 N Street, Sacramento. California, 95811, which is located in the county
in which the within-mentioned service occurred, On this date, I served the following documents:
DEFENDANT BOGDAN DEDYK dba SAFE AUTO TRANSPORT’S RESPONSES TO
PLAINTIFF’S FORM INTERROGATORIES, SET ONE
to each addressee named below:
James M. Dombroski Tom Crowell
Law Office of James M. Dombroski Toschi, Sidran, Collins & Doyle
10 Post Office Box 751027 5145 Johnson Drive
Petaluma, CA. 94975 Pleasanton, CA 94588
i jdomski@aol.com TCrowell@toschisi H.COM
Phone: (707) 762-7807 Phone: (510) 835-3400
12 Fax: (707) 769-0419 Fax: (510) 835-7800
ATTORNEYS FOR LES STANDFORD
13 Thomas I. Saberi, Esq. CHEVROLET CADILLAC INC.
Law Office of William H. Paynter
1045 Airport Blvd, Suite 12
14 So. San Francisco, CA 94080
tsaberi@aol.com
15, Phot (650) 588-2428"
Fax: (650) 873-704
16 ATTORNEYS FOR PLAINTIFF
17 James Attridge
Business Trial Lawyer
18 270 Divisadero St., #3
MH San Francisco, CA 94117
19 jattridge@attridgelaw.com
Phone: (415) 552-3088
20 Fax: None
ATTORNEYS FOR BJ INTERSTATE AUTO
21 TRANSPORTER’S, INC.
22
[xX] (MAIL) The original to Law Offices of James Dombroski (as listed above) and a true and
23 correct copy to the remaining parties, was placed in a sealed envelope on this date,
addressed as indicated above, and deposited in regularly maintained office mail. for
24 collection, postage and same-day delivery to the United States Postal Service at
Sacramento, California with postage thereon fully prepared for delivery to the addressees.
25
I declare under penalty of perjury under the laws of the State of California that the
26 foregoing is true and correct and that this declaration was executed on January 24, 2016, at
Sacramento, California.
27 ~
28 Ma Rg
25
DEFENDANT BOGDAN DEDYK, DBA SAFE AUTO TRANSPORT’S RESPONSES TO PLAINTIFF'S
FORM INTERROGATORIES, SET ONE
COPY
In the Matter Of:
ANDY SABERI vs LES STANFORD CHEVROLET CADILLAC
CIV-536294
BOGDAN DEDYK
March 09, 2018
Volume I
py
i
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800.211.DEPO (3376)
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DEPOSITION SOLUTIONS
BOGDAN DEDYK Volume | March 09, 2018
ANDY SABERI vs LES STANFORD: CHEVROLET CADILLAC 7
Q BY MR. ATRIDGE: How did you find him?
MR. CROWELL: The first guy?
MR. ATRIDGE: Yes.
THE WITNESS: I guess someone referred him.
Q BY MR. ATRIDGE: Had you dealt with him before?
A No.
Q I'm going to talk to you now about a couple of
questions just about your personal experience. Have you
ever driven a car catcher? Have you ever transported
10 automobiles yourself?
11 A Yes.
12 Q Has it been your experience when driving that you
-
13 occasionally have to provide information to police
14 officers like CHP or the highway patrol in given
15 interstate? Have they ever pulled you over and asked
16 for information?
17 A Yes.
18 Q And is it your experience that they normally ask
19 you for registration and insurance?
20 A Yes.
21 Q Has there ever been an occasion where you were
22 unable to provide your insurance to an officer?
23 A No.
24 Q Have there ever been a time since you have been
25 operating Safe Auto Transport that you have been
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ANDY SABERI vs LES STANFORD CHEVROLET CADILLAC 76
uninsured?
A No.
Q het me show you paragraph 13, okay.
MR LE VANGIE: So we're looking at the complaint?
MR ATRIDGE: The first amended complaint.
MR LE VANGIE: We're looking at the first amended
complaint which I believe was marked Exhibit 4 paragraph
13, is an allegation by the Saberis in that complaint.
Go ahead.
10 Q BY MS. ATRIDGE: Could you please read that
11 paragraph for me and let me know when you're done
12 reading it.
13 THE WITNESS: Which one?
14 MR. LE VANGIE: Thirteen.
15 MS. ATRIDGE: Under the lined stuff.
16 (Pause in the proceedings.)
17 THE WITNESS: Okay.
18 Q BY MR. ATRIDGE: Is it an accurate statement that
19 at the time of this event you were uninsured?
20 MR. LE VANGIE: Accurate or inaccurate?
21 Q BY MS. ATRIDGE: Is it accurate that you were
22 uninsured?
23 MR. LE VANGIE: You were insured as of
24 July 27th, 2016, correct?
25 THE WITNESS: Yes.
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ANDY SABERI vs LES STANFORD CHEVROLET CADILLAC 73
I wanted to cover. But I'm going tc be jumping around a
lot, so I apologize for that -- if these questions don't
sound like their in sequence.
How many times prior to this move did you carry
loads. booked by BU Interstate just your best estimate?
A Don't know.
Q Would it have been more than ten?
A Don't know, sir.
Q When Mr. Crowell referred to the website and you
10 refer to it as well, does the word "load/board", have
11 you ever heard the word "load/board" used in reference
12 to those?
-
13 A No.
14 Q Prior to the first time BJ Interstate -- I'll
15 strike that.
16 When, if ever, was the first time you advised BJ
17 Interstate of the damage?
18 A After I heard from the driver.
19 Q And I'm going to refer you to this information
20 which appears on pages 48 through 51 of the second
21 exhibit. Did you have to furnish proof of your
22 insurance to the Federal Motor Carrier Safety
23 Administration?
24 A Yes.
25 Q Did you have to do it before you got your license
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ANDY SABERI vs LES STANFORD CHEVROLET CADILLAC 74
as a condition of getting a permit?
A Yes.
Q And have you ever had your permit suspended for not
having insurance?
A No.
Q And again, I might be covering some ground that has
already been covered. I'm clearing up a few loose ends.
As you sit here today, okay, when did you first find out
you were sued?
10 A Beginning of 2015.
11 Q And when you found out you were sued, what was the
12 first thing you did in connection with that, how did you
13 respond?
14 A Call insurance agency.
15 Q Okay. And that was the broker truck network truck,
16 is that who you called?
17 A Yes.
18 Q Did you ever call Great Lakes or any other
19 insurance company instead of the broker?
20 A Don't remember.
21 Q How did you get a hold of that lawyer, the first
22 lawyer, the fellow with the --
23 MR. LE VANGIE: Where are we going? The
24 attorney/client most of the responses -- how did you
25 find is probably fine.
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JAMES ATTRIDGE [Bar No. 124003) LAW OFFICE OF JAMES ATTRIDGE 270 Divisadero Street, #3 San Francisco, CA 94117 Telephone: (415) 552-3088 FILED SAN MATEO COUNTY Attorneys for Defendant BJ Interstate Auto Transporters, Inc. oct 10-2018 ical the S ior) OLEn SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN MATEO 10 UNLIMITED JURISDICTION 11 12 ANDY SABERI Case No: CIV: 536294 13 Plaintiff, DECLARATION OF JAMES ATTRIDGE IN OPPOSITION TO MOTION IN LIMINE 14 VS. NUMBER TWO TO EXCLUDE EVIDENCE THAT CARRIER WAS UNINSURED (SIC) 15 LES STANFORD CHEVROLET — — CADILLAC, INC., et. al. crvs36294 DIO 16 Declaration in Opposition | iil l | ll ll Defendants. 17 18 we —--- 19 I, James Attridge, declare and state that I am licensed to practice law in California and am 20 counsel of record for defendant BJ Interstate Auto Transporters, Inc. I know the following of my 21 own personal knowledge and if called upon to do so could and would competently testify thereto 22 1 Paragraph 4 of the Declaration of James Dombroski in support of this motion in 23 limine states “BJ Interstate served a set of requests for admissions. At the time of the original 24 response, the information as to whether or not Dedyk was insured was not known to my client and 25 he therefore originally responded that he was unable to admit or deny it.” 26 2. As early as February 29 2016 and later on March 23, 2016Mr. Dombroski received 27 e-mails from attorney Steven Soltzman identifying himself as coverage counsel for Safe Auto 28 Transport. Mr. Dombroski authenticated them in a declaration he filed in this court on July 26, 2016 1 Footer Title < & » YS oe On July 15, 2016 in connection with his CCP 473 motion Mr. Dedyk filed a declaration under penalty of perjury stating: “After submitting the claim to my insurance broker I believed my insurance carrier was handling the litigation.” On January 24, 2017 Bogdan Dedyk served verified responses to Form Interrogatories promulgated by Mr. Saberi identifying a policy issued by Great Lakes Insurance (UK) as the Motor Truck Cargo Legal Liability Policy in effect at the time of the incident. A true and correct copy of the response is attached. PlaintiffSaberi’s bare bones responses to BJ Interstate’s Requests for Admission executed five months later denied that Dedyk was insured at the time of loss after having “made a reasonable inquiry.” Mr. Saberi apparently had not inquired of his own file. 10 3 Paragraph 6. of the Declaration of James Dombroski in support of this motion 11 questions the veracity of the attached deposition excerpt from my declaration in support of the 12 motion claiming: “the page has been altered, is incorrect, AND IS NOT THE ACTUAL PAGE.” 13 He also states: “It is not clear how counsel for BJ Interstate obtained this page.” 14 4 Here goes. On her own initiative the court reporter recognized her error and corrected 15 it. Whether or not she sent the corrected version to Mr. Dombroski is unknown to me. 16 5 What is easily known, however, to anyone who reads the prior two pages of the 17 transcript is that the change is absolutely consistent with Mr. Dedyk’s prior two pages of testimony, 18 both establishing that he was in fact insured. (p. 73: 19-p.74 line 5, p. 73: 11-14, p. 75:12- p. 76: 2.A 19 true and correct copy of those pages is attached. 20 6 Finally, paragraph 3 of the Dombroski declaration avers that the negligent brokering 21 to an uninsured carrier “was not the exclusive basis for the claim of negligence”: a claim he makes 22 elsewhere as well. But he never corroborates that claim and cannot do so. The first amended 23 complaint makes that plain. 24 I declare under penalty of perjury under the laws of the State of California that the above is 25 true and correct. Executed October 9, 2018. 26 27 28 James ttridge, Counsel for BJ Interstate 2 Footer Title — ae MICHAEL J. LEVANGIE, State Bar # 160163 ALEX MILLINGTON, State Bar 270630 LEVANGIE LAW GROUP 2021 N Street Sacramento, CA 95811 Tel (916) 4 3. 4849 Fax: (916) 443-4855 Email Michael. Jevangie@llg-law.com 5 Attorneys for Defendant 6 BOGDAN DEDYK dba SAFE AUTOT RANSPORT SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN MATEO 10 il ANDY SABERI CASE NO. CIV 536294 12 Plaintiff, DEFENDANT BOGDAN DEDYK dba SAFE AUTO TRANSPORT’S 13 Vv. RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES. 14 LES STANFORD CHEVROLET CADILLAC. SET ONE c INC., BJ INTERSTATE AUTO 45 TRANSPORTERS, INC., a Nevada corporation. BOGDAN DEDYK, doing business as SAFE 16 AUTO TRANSPORT, an individual, and DOES ] through 25, inclusive. 17 Defendants. 18 19 PROPOUNDING PARTY Plaintiff, ANDY SABERI 20 RESPONDING PARTY Defendant, BOGDAN DEDYK dba SAFE AUTO TRANSPORT 21 SET NUMBER One 22 Pursuant to Code of Civil Procedure § 2030.010 e7 seg., Defendant, BOGDAN DEDYK 23 dba SAFE AUTO TRANSPORT, responds to Plaintiff's Form Interrogatories, Set No. One. 24 Defendant has not completed its investigation of the facts relating to this case, has not fully 25 completed its discovery in this action, and has not completed preparation for trial All the 26 responses contained herein are based only upon such information and documents which are 27 presently and specifically known to this Defendant It is anticipated further discovery 28 1 (5) DEFENDANT BOGDAN DEDYK, DBA SAFE AUTO TRANSPORT’S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES, SET ONE i RESPONSE TO INTERROGATORY NO. 3.7: None other than those referenced in responses to Form Interrogatories 2.4 and 3.6, above. INTERROGATORY NO. 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 pi 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 10 contained in the policy; (f) whether any reservation of rights or controversy or coverage dispute jd exists between you and the insurance company; and (g) the name, ADDRESS, and telephone 12 number of the custodian of the policy. 13 RESPONSE TO INTERROGATORY NO. 4.1: 14 Yes 15, (a) Motor Truck Cargo Legal Liability Policy 16 (b) Great Lakes Reinsurance (UK) SE, 3205 Peach St., Erie, PA 16508, (814) 456-0498. 7 (c) Bodgan Dedyk, dba Safe Auto Transport, who may be contacted through his counsel 18 of record. 19 (d) RK76794A15 20 (e) Liability limit of $250,000 for any one truck and $250,000 for any single loss. 21 (f) Upon information and belief, the policy is in the possession of Great Lakes Reinsurance. 22 23 FORM INTERROGATORY NO. 4.2: 24 Are you self-insured under any statute for the damages, claims, or actions that have arisen 25 out of the INCIDENT? If so, specify the statute. 26 RESPONSE TO NO. 4.2: 27 No. 28 fil 7 DEFENDANT BOGDAN DEDYK, DBA SAFE AUTO TRANSPORT’S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES, SET ONE Re: Saberi v, Bogdan Dedyk dha Safe Auto ener San Mateo County Superior Court Case No. CTV 53629: VERIFICATION Defendant Bogdan Dedyk dba Safe Auto TransportsResponses, to Plaintiff's Form Interrogatories, Set One” {X] Tam a party to this action, The matters stated in the document described above are true of my own knowledge and belief except as to those matters stated on information and belief, and as to those matters I believe them to be true Q 1am an officer of *. J am familiar with the contents of the document described above. 10 The information supplied therein is based on my own personal knowledge, supplied by UW my attorneys or other agents, and/or compiled from available documents and is therefore 12 provided as required by law. The information contained in the foregoing document is 13 true, except as to the matters which were provided by my attomeys or other agents or 4 compiled from available documents, including all contentions and opinions, and as« to 45 those matters, lam informed and believe that they are true. 16 0 Tam the attorney, or one of the attorneys for a party to this action. Such party is absent 7 from the county where 1 or such attomeys have their offices, and is unable to verify the 18 document described above. For that reason, I am making this verification for and on 19 behalf of that party. | am informed and believe and on that ground allege that the matters 20 stated in said document are true 24 I declare under penalty of perjury under the laws of the State of Califormia that the 22 foregoing is true and correct, Executed this.24/ day of January, 2017, at Roseville, Califomia, 24 25 lyk 26 27 28 Defendant Bogdan Dedyk dba Safe Auto Transport’s Responses to Plaintiff's Form Interrogatories, Set One j Re: Saberiv. Les Stanford Chevrolet Cadillac, Inc., et al. San Mateo Superior Court, Case Number: C1V536294 PROOF OF SERVICE 1, the undersigned, declare that 1 am, and was at the time of service of the papers herein referred to, over the age of 18 years and not a party to the within action or proceeding. My business address is 2021 N Street, Sacramento. California, 95811, which is located in the county in which the within-mentioned service occurred, On this date, I served the following documents: DEFENDANT BOGDAN DEDYK dba SAFE AUTO TRANSPORT’S RESPONSES TO PLAINTIFF’S FORM INTERROGATORIES, SET ONE to each addressee named below: James M. Dombroski Tom Crowell Law Office of James M. Dombroski Toschi, Sidran, Collins & Doyle 10 Post Office Box 751027 5145 Johnson Drive Petaluma, CA. 94975 Pleasanton, CA 94588 i jdomski@aol.com TCrowell@toschisi H.COM Phone: (707) 762-7807 Phone: (510) 835-3400 12 Fax: (707) 769-0419 Fax: (510) 835-7800 ATTORNEYS FOR LES STANDFORD 13 Thomas I. Saberi, Esq. CHEVROLET CADILLAC INC. Law Office of William H. Paynter 1045 Airport Blvd, Suite 12 14 So. San Francisco, CA 94080 tsaberi@aol.com 15, Phot (650) 588-2428" Fax: (650) 873-704 16 ATTORNEYS FOR PLAINTIFF 17 James Attridge Business Trial Lawyer 18 270 Divisadero St., #3 MH San Francisco, CA 94117 19 jattridge@attridgelaw.com Phone: (415) 552-3088 20 Fax: None ATTORNEYS FOR BJ INTERSTATE AUTO 21 TRANSPORTER’S, INC. 22 [xX] (MAIL) The original to Law Offices of James Dombroski (as listed above) and a true and 23 correct copy to the remaining parties, was placed in a sealed envelope on this date, addressed as indicated above, and deposited in regularly maintained office mail. for 24 collection, postage and same-day delivery to the United States Postal Service at Sacramento, California with postage thereon fully prepared for delivery to the addressees. 25 I declare under penalty of perjury under the laws of the State of California that the 26 foregoing is true and correct and that this declaration was executed on January 24, 2016, at Sacramento, California. 27 ~ 28 Ma Rg 25 DEFENDANT BOGDAN DEDYK, DBA SAFE AUTO TRANSPORT’S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES, SET ONE COPY In the Matter Of: ANDY SABERI vs LES STANFORD CHEVROLET CADILLAC CIV-536294 BOGDAN DEDYK March 09, 2018 Volume I py i ZB ESQ UIRE 800.211.DEPO (3376) EsquireSolutions.com DEPOSITION SOLUTIONS BOGDAN DEDYK Volume | March 09, 2018 ANDY SABERI vs LES STANFORD: CHEVROLET CADILLAC 7 Q BY MR. ATRIDGE: How did you find him? MR. CROWELL: The first guy? MR. ATRIDGE: Yes. THE WITNESS: I guess someone referred him. Q BY MR. ATRIDGE: Had you dealt with him before? A No. Q I'm going to talk to you now about a couple of questions just about your personal experience. Have you ever driven a car catcher? Have you ever transported 10 automobiles yourself? 11 A Yes. 12 Q Has it been your experience when driving that you - 13 occasionally have to provide information to police 14 officers like CHP or the highway patrol in given 15 interstate? Have they ever pulled you over and asked 16 for information? 17 A Yes. 18 Q And is it your experience that they normally ask 19 you for registration and insurance? 20 A Yes. 21 Q Has there ever been an occasion where you were 22 unable to provide your insurance to an officer? 23 A No. 24 Q Have there ever been a time since you have been 25 operating Safe Auto Transport that you have been 2 ESQUIRE 800.211.DEPO (3376) EsquireSolutions.com BOGDAN DEDYK Volume | March 09, 2018 ANDY SABERI vs LES STANFORD CHEVROLET CADILLAC 76 uninsured? A No. Q het me show you paragraph 13, okay. MR LE VANGIE: So we're looking at the complaint? MR ATRIDGE: The first amended complaint. MR LE VANGIE: We're looking at the first amended complaint which I believe was marked Exhibit 4 paragraph 13, is an allegation by the Saberis in that complaint. Go ahead. 10 Q BY MS. ATRIDGE: Could you please read that 11 paragraph for me and let me know when you're done 12 reading it. 13 THE WITNESS: Which one? 14 MR. LE VANGIE: Thirteen. 15 MS. ATRIDGE: Under the lined stuff. 16 (Pause in the proceedings.) 17 THE WITNESS: Okay. 18 Q BY MR. ATRIDGE: Is it an accurate statement that 19 at the time of this event you were uninsured? 20 MR. LE VANGIE: Accurate or inaccurate? 21 Q BY MS. ATRIDGE: Is it accurate that you were 22 uninsured? 23 MR. LE VANGIE: You were insured as of 24 July 27th, 2016, correct? 25 THE WITNESS: Yes. BESQ UIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com BOGDAN DEDYK Volume | March 09, 2018 ANDY SABERI vs LES STANFORD CHEVROLET CADILLAC 73 I wanted to cover. But I'm going tc be jumping around a lot, so I apologize for that -- if these questions don't sound like their in sequence. How many times prior to this move did you carry loads. booked by BU Interstate just your best estimate? A Don't know. Q Would it have been more than ten? A Don't know, sir. Q When Mr. Crowell referred to the website and you 10 refer to it as well, does the word "load/board", have 11 you ever heard the word "load/board" used in reference 12 to those? - 13 A No. 14 Q Prior to the first time BJ Interstate -- I'll 15 strike that. 16 When, if ever, was the first time you advised BJ 17 Interstate of the damage? 18 A After I heard from the driver. 19 Q And I'm going to refer you to this information 20 which appears on pages 48 through 51 of the second 21 exhibit. Did you have to furnish proof of your 22 insurance to the Federal Motor Carrier Safety 23 Administration? 24 A Yes. 25 Q Did you have to do it before you got your license @ ESQUIRE DEPOSITION SOLUTIONS 800.211.DEPO (3376) EsquireSolutions.com BOGDAN DEDYK Volume | March 09, 2018 ANDY SABERI vs LES STANFORD CHEVROLET CADILLAC 74 as a condition of getting a permit? A Yes. Q And have you ever had your permit suspended for not having insurance? A No. Q And again, I might be covering some ground that has already been covered. I'm clearing up a few loose ends. As you sit here today, okay, when did you first find out you were sued? 10 A Beginning of 2015. 11 Q And when you found out you were sued, what was the 12 first thing you did in connection with that, how did you 13 respond? 14 A Call insurance agency. 15 Q Okay. And that was the broker truck network truck, 16 is that who you called? 17 A Yes. 18 Q Did you ever call Great Lakes or any other 19 insurance company instead of the broker? 20 A Don't remember. 21 Q How did you get a hold of that lawyer, the first 22 lawyer, the fellow with the -- 23 MR. LE VANGIE: Where are we going? The 24 attorney/client most of the responses -- how did you 25 find is probably fine. BESQ UIRE DEPOSITION SOLUTIONS. 800.211.DEPO (3376) EsquireSolutions.com