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1 BREMER WIIYTEBROWN & O'MEARA LLP
Keith G, Bremer, State Bar No 155920
2 kbremer@bremerwhyte.corn
Alison K, I-Iurley, State Bar No 234042
3 ahurley@bremerwhyte corn
4
Nicole M
nslatteryQa.
Slattery, State
bremerwhyte.corn
Bar No 259969
PKtI
SAM MATtreO
ZS
GOUNV
20320 S W. Birch Street
5 Second Floor
Newport Beach, California 92660 AOh 9 8 P.i(15
6 Telephone. (949) 221-1000 ";i,',-" Fi, aeIIIOIt C@UA
Clare
Facsimile: (949) 221-1001
7 Sy
OBclJ4"T4 GLERX
Attorneys for Cross-Defendant,
8 CROWN BUILDINGMAINTENANCECO dba ABLE
BIJILDING MAINTl'",NANCECO.
9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
12 I
13 LIJIS PAEZ, ) Case No. CIV 529263
)
14 Plaintiff, ) DK4CLARATlONOF iNICOLK4 M.
) SLATTKRYIN SUPPORT OF ABLE'S
) MOTION TO COMPEL RESPONSES TO
EQUITY ONE, INC., and DOES 1 to 25, ) ITS FIRST SKT OF FORM
16 Inclusn e, ) INTERROGATORIKSPROPOUNDKD
) ON EQUITY ONK, INC. AND REQUEST
17 ) FOR MONETARY SANCTIONS
EQUITY ONE, INC, )
) Date. Septcmbcr 28, 2015
Cross-Complainant, ) Time 9 00am
) Dept I.aw k. Motion
)
CROWN BUILDINGMAINTENANCE,dba ) Complaint Filed, June 26, 2014
ABLE BUILDINGMAINTENANCE;and ) Trial Date. January 11. 2016
ROES 1through 100, Inclusive, )
)
Cross-Defendants )
)
24
25 I, Nicole M. Slattery, declare as follows:
C3 26 1 I am an attorney atlaw duly licensed to practice before all of the courts in the State
27 of'alifornia I am a member of the law firm of BREMER %~TH BROWN A O'MEARA LLP,
counsel of record for Crown Building Maintenance Co. dba Able Building Maintenance Co
~
BRENER ISHYTE BROWN 6
2li2~VQARA LL+
BIRCH STREET
SECOND ELOOR
1
NPilR4iFT BCH CA 92666
(949l 221.1696
DECLARATIONOF NICOLE M SLATTERY - MTC FROG
H i3695il49ICI lM I C - L'qLIliiINiivlSDecl - MTC FROO docx
1 ("Able") in this action. I have peisonal knowledge of the facts set forth in this Declaration and, if
2 called as a witness, could and would testify competently to such facts under oath.
2. One June 3,2015, Able served its First Set of Form Interrogatories to Defendant and
4 Cross-Complainant, Equity One, Inc. ("Equity") by mail. A true and correct copy of these
5 interrogatories is attached hereto as Exhibit A,
3. The time for Equity to respond to Able's First Set of Form Interrogatories expired
7 on July 8, 2015.
4 Prior to the filing of this Motion, I made several efforts to meet and confer with
9 Equity's counsel to attempt to obtain Equity's responses. I first contacted Equity's counsel. James
10 Waite, Esq,, via email on July 22, 2015 to advise we had not received Equity's responses, and
11 offered to provide Equity a one-week extension to serve itsresponses without objections. A true
12 and correct copy of this email is attached hereto as Exhibit B
13 5. I did not receive any response from M!r. Waite to my July 22, 2015 email,
6. On July 24, 2015, I received a phone call and an email froni Mr. Waite's paralegal,
15 Midge Googooian, requesting a two-week extension, to August 7, 2015, for Equity to respond to
16 Able's written discovery. A true and correct copy of Ms. Googoolan's email is attached hereto as
17 Exhibit C.
18 7. I responded to Ms Googooian's email the same day, and confirmed the extension to
19 August 7, 2015 as long as the responses were served without objections A true and correct copy of
20 my July 24, 2015 response to Ms Googooian is attached hereto as Exhibit D
21 8 On August 13, 2015, I received an email from Mr Waite acknowledging the
22 responses sti'll hadnot been served and advising the responses would be received "shortly." A true
23 and correct copy of Mr. Waite1s email is attached hereto as Exhibit E
24 9. I responded. to Mr Waite's email the same day, asking when Able could expect to
25 receive copies of Equity's responses. A true and correct copy of my August 13, 2015 response is
26 attached hereto as Exhibit F
27 10, Mr. Waite estimated it would take Equity another week to serve the responses A
28 true and correct copy of Mr. Waite's email is attached hereto as Exhibit G
WH~
BRE11ER BROWN S
O'NEARA LLP
20320 S W BIRCH STREET
SECOND PLQOR
HELIPORT SCH, CA 92000
(999) 221-1000
DECLARATIONOF NICOLE M SLATTERY - MTC FROG
u695u 49!CI UVlTC - FqLIIty'INi9iS Decl - MTC FROG docx
ll
11. On August 25, 2015, after no responses had been received, I sent further
2 correspondence to Mr. Waite, advising Able was preparing tins Motion and requesting that Equity
serve its responses before Able filed this Motion to avoid Court intervention. My August 25, 2015
4 email included an offer to accept e-mail service of Equity's responses A true and correct copy of
5 this email is attached hereto as Exhibit II
12 As of the date and time of signing this declaration, I have not received any response
7 to my August 25, 2015 email from Mr. Waite.
13 As of the date and time of sigmng this declaration, I have not received Equity's
9 responses to Able's First Sct of Forin Interrogatories.
10 14. As a result of Equity's failure to respond to Able's First Set of Form Interrogatories,
11 the law firm of Brcmer, Whyte, Brown 4 O'Meara has spent 1 5 hours preparing this Motion, I
12 anticipate my office will spend an additional 10 0 hours traveling to and appearing for hearing on
13 this Motion and preparing a reply. My hourly rate is $ 175,00.
15. In addition to the above, Able also incurred $ 60 00 m costs to file this Motion.
15 I declare under penalty of perjury under the laws of the State of California that the
16 foregoing is true and correct
17 Executed on this 'ay
"-:"t.. of August, 2015, at Newport Beach, California
18
19
Niccic trt Slcttcry
20
21
22
23
26
27
28
BREWER WHY.'E BROWN 2
0 IAEI(RI( LLP
20320 S W BIRCH STREET 3
SECOND FLOOR
NEWPORT BCH CA 02000 DECLARATIOIIIOF NICOLE M. SLATTERY - MTC FROG
(240) 221-'I 300
H 969SI(149'(CF(MTC - Eqtitty(BRIMS Decl - MTC FROG docx
EXHyggy g
ATTORNEY OR PARTY WITHOUT AT IORNFY (Name, Siale Oao naiobea
end address)
Ketch C, Bremer,,sq.; Alison K, Hurley, Esq.
Nvscole M. Slattery, Esq.
Bremer Whyte Brown &.O'Meara, LLB
20320 S.W Birch St., Second. Floor
Newport Beach, CA 92660
TELEPNoNE No
~
(949) 221- 1000
FAX NO(Oplioiia)'949) 221 1001
E MAILAOORESS ahurleyfabremerWhyte
(Op(lone/) . Cam
CROtVN
*If(iRNFY roR (Afome) BUILDING MAINTENSÃCE CO. dba ABLL<'UILDTNG liIAINTENAhTCE CO
suPERIOR COURT OF cALIFORNIA,COUNTY OF San tqaceo
San Mateo Super ior Court
Main Courthouse
SHORT TITLE OF CASE: LVIB PAEZ V. EQUITY QNE, INC., ET AL.
FORM INTERROGATORIES — GENERAL CASF NUMSFR
Asking Party" CROWN BUILDING NAINTENJLNCE CQ . 5ba ABLE
BUILDING IvtAINTHNANCE CO CIV 529263
Answering Party; EQUITY QNE, INC
Set No. ONE
Sec, 1. Instructionsto AII Parties (c) Each an swer must be ascomplete and stralghtfoirward
(a) are
Interrogatories written questionspreparedby a party as the inform atiori reasonably
availableto you,including the
that are
lo an action sentto any other party In the ection io be information p ossessod or acents,
by your attorneys permris If
answorod under oath The below are form
Interrogafories an interrogato ry cannot
beanswered coinpietely, ar,swer
II to
approved
Interrogatories for usein civil cases po ssible.
the extent
(b) for service
For time limitations, requirements on other (d) If you do not have
enough personalknowledge to fully
and
parties, otherdetails,see Code of Civil Procedure answer an interrogatory,
sayso, but make a reasonableand
sections2D30 010-2030 4'I 0 and the
cases construing thoso good faith efforl to get the other persons
information by asking
sections unless
or organizatio ns, the inforfnation is equally available
to
(c) These form interrogatories
do not change existing law the askingpa rty.
nor do they affect an
relating to Interrogatones answering (e) Whenev er an interrogatory
may be answered by
right to assert
party's any pnvilegeor make any oblectlon. refemng to a document,the document may be attached as an
Sec. 2 Instructions to the Asking Party exhibit to the response
and referred response
to in the If the
for optional s more thanone page, refer to the page
and
(a) These Interrogatories
are designed use by
sectionWhar e the answerto the interrogatory
can be found
parties where the
in unlimited civil cases amount demanded
exceeds $ 25,000 Separate interrogatones,Form (f) Whenev er an address and telephonenumber for the
—
interrogatones (Economic Lit(gat(on)
Lfm(ted C(v)l Cases same personare requested one
in more than interrogatory,
(form DISC-004), which haveno subpafts,aredesigned for you are requii ed to furnish them
in answeringonly thefirst
Use in lirnilted civil cases
where the amount demanded is asking
interrogatory for that information,
$ 25,000 however,
or less, those intorrogatories
may also be
if you ar e asserting
a privilege or making
an oblection to
(g)
Used in unlimited civil cases,
an you must specifically assert
Interrogatory, thepnvIIege or
(b) Check thebox next to oachinterrogatory
that you want state in your written response
the objection
the answenng party to answer Use carein choosingthose
interrogatonestha1areapplicableto the case (h) Your answers to thoseinterrogatonesmust be verified,
You may insert your own definition of INCIDENT in dated,and signed You may wish to use the followirg form at
(c)
Section 4, but only vvhere anses
the action from a courseof the endof your answers,
conduct or a senesof eventsoccurrmg over a penod of tifne l declareunder penalty of pe()ufy underthelaws of rhe
(d) The interrogatones 16 0, Defendant's
in section State (tial
of California the foregoinganswers are trueand
—
Contefitions Personal not be
Injury, shouid used unti! the correct
defendant has had a reasonableopportunity to conduct
an
or discovery
investigation of plaintiffs inluries and damages (OhTE) (s(GNA Tuna)
(e)Additional Interrogatories
may be attached,
Sec 3 Instructions to the Answering Party Sec. 4.Definitions
(a) An answer or other appropnate
response must be Words In 6OLDFACE CAPITALS in these interrogatoiies
given to each checked
interrogatory by the askingparty are definedasfollows
(a) (Check oneof fhe foilowfng),
(b) As a general after you are
rule, within 30 days served
with theseinterrogatones,
you must serve your responseson ~x (1) iNCIDENT Includes the circumstancesand
the askingparty andserve copies of your responses
on all events su rrounding the alleged
accident,injury, or
to the
other parties action who haveappeared See Code of otherocc urrenceor breachof contractgiving rise to
Civil Proceduresections2030 260-2030 270 for details or proceeding,
this action
ore
Paae1
f oim Approved for Opsonal Uee
Juiiioial Council of California FOR!tti INTERROGATORIES —Gf NERAL eÃaj SS
Code of Civil Prooedare
2030 010-2030 J10, 2053 ('10
Olsc-031 [Rev, January 1, 2008] So uttgnr
Q~ P(US
DISC-001
] (2) INCIDENT means or
(insert your defin,bon here 1 0 Identity of PersonsAnswering These Interrogatories
on a separate,attachedsheet labeledeSec
] 1,1 State the name, ADDRESS, felephone number, and
4(a)(2) relationshipto you of each PERSON who prepared or
e)'b)
assisted >n ti>epreparation of the responses to these
(Do not identify anyone
interrogatories. who simply typed or
reproduced the responses,)
YOU OR ANYONEACTING ON YOUR BEHALF 2.0 General Background —
infor>nation indiv>dual
includesyou, your agents,your employees,your insurance ]2,1 State
companies, their employees,
their agents, your
your atloineys, (a) your name,
accountants, and
your investigators, anyone elseactingon (b) every name you have used in fhe past; and
your behalf, (c) thedates you used each name
(c) PERSON includesa naturalperson,firm, association,
business, limited liability
2,2 Statethe dateand placeof your birth
organization,partnership, trust, ]
co>npany, or pubi>c entity
corporation,
] 23 At the time of the
INCIDENT, did you have a dnver's
(d) DOCUMENT means a wnting, asdefined in Eidence l>cease> state',
If so,
Code section 250,and includesthe ong>nal or a copy of (aj thestateor other issuing
entity,
handwrit>ng,typevvnf>ng,
pnnf>ng,photostats,
photographs, (b) the'iicense
number and type,
stored
electronically every other means
information, and of (c) the dateof issuance,
and
recordinaupon thing and form of communicating
any tanalole (d) all restnctlons
or representation, words,
includ>ng letters, sounds.
p>ctures, or
symbols, cr coinibinations
of them 2 4 At thebrne of the
INCIDENT, did you have any other
perm>t or license for the operation
of a motor vehicle7
If so,
(e) HEALTH CARE PROVIDER includes any PERSON state
referredto in Code section
of Civil Procedure 667 7(e)(3),
thestateor other issuing
(a) entity,
(f) ADDRESS means iho street
addres~, Including the
city, (b) thelicensenumber and type;
state,ar>d zip code (c) thedate of issuance',
and
(d) all rest»ctfcns
Sec 5 Interrogatories
fhe following interrogatones
have been approved by the ] 25 State.
(a) your presentresidenceADDRESS;
JudicialCounc>l underCode of Civil Procedure
section2033,710;
(b) your res~denceADDRESSES for the and
past five years;
CONTENTS (c) the dates at each
you leaved ADDRESS.
1 0 Identity of Persons
Answenng These Interrogatories
2 0 General Background —
Information individual [ ] 26 State
3 0 General Background —
Information Business Entity (a) thename, ADDRESS, and telephone number of your
4.0 Insurance presentemployer or placeof self-employment,
and
50 fReserved J (b) thename, ADDRESS, datesof employmenf,job title,
6,0 Physical,I>liental, or Emotional
In)ur>es and natureof work for each
employer or
7 0 Property Damage self-employmentyou have had from f>ve yea> s before
8 0 Loss of Income or EarningCapacity fhe INCIDENT until today
9 0 Other Damages 2 7 State
10 0 Miedlcal History the name and ADDRESS of each
(a) school orother
11,0 Other Claims and PreviousClaims acadenwc or vocationalinstitubon
12 0 —
Investlgatloll General beginningwith high school;
you have attended,
13 0 Investigation— Surveillance (b) ihe datesyou attended,
14 0 Statutoryor RegulatoryV>olations (c) the highest
grade level you have and
completed,
15 0 Denials and Spec>alor Affirmative Defenses (d) the degreesreceived.
16 0 Defendant's ContentionsPersonal Inlury
17 0 Responses fo Request for Adrnissicns ]2 8 Have you ever been convicted of afelony? If so,
for
18,0 fReservedj each conviction state
19 0 fReservea'J fhe c>ty and
statewhere you were convicted,
20 0 How the —
Incident Occurred Motor Vehicle
(a)
(b) fhe dateof conviction,
25,0 /Reserved J (c) thie offenise,
and
30,0 fReserved J (d) the court and
case number
40 0 fReservedj
50 0
60 0
Contract
fReservedj
J 29 Can you speak Engl>sh with ease7 If not,what
!anguaae and dialect do you normally use7
70 0 Unlawful Detainer fSeeseparate form DISC-003J
101,0 Economic separate
Litigation fSee form DISC 004J
2 10 Can you readand wnte English with eese7
If not, what
200 0 ErnployrnentLaw fSee separate form DISC-002J ]
language and dialectdo you normally use7
Family Law fSoe separate form FL-1 45J
[Roy January >, 2C2B]
0>SC-001
FORM INTERROGATORIES —GENERAL Page 2 oi>>
DISC-001
'11 At thetime of the INCIDENT were you actingas aii IX i3 4 Are you a]oint venture'(
lfso, state.
agent or employeefor any PERSON i If so,
state (a) the curront]oint venture
name,
the name, ADDRESS, and telephone number of that (b) allother names i!sedby the venture
]oint during tho
(a)
PERSON and past10 years and each
the dates was used,
(b) of your duties.
a description (c) the hame and ADDRESS of each joint venturer,
and
(d)the ADDRESS of the pnncipal place of businoss,
l2,12At the time of the INCIDENT did you or any other
person have any physical, emotional,or mental disability or l X l association>
3 5 Are you an unincorporated
conaitionthat may have contnbuted to theoccurrence of the state,
If so,
state (a) thecurrent unincorporated
associationname,
INCIDENT> if so, for eachperson
(b) all other
names used by theunincorporated association
(a) thename, ADDRESS, and telephonenumber, 10 years and dates each was
during thepast the
the disability or condition, and
of the
used,'nd
(b) nature
(c) the manner in which the disabilityor condition the ADDRESS of the of business
principal place
(c)
contnbutedto the occurrenceof theINCIDENT
~X 3 6 Have you done business under a fictitious name
during
,213 VV!thin 24hours before theINCIDENT did you or any the past10 years'f so, for each state,
fictitious name
person involved in1he INCIDENT use or take any of the (a)the name,
follow!ngsubstances alcoholic beverage, manjuana, or (b)the dates each was used,
otherdrug or medication of any or not)P
kind (prescription If thestateand county of eachfictitious name
filing, and
(c)
so, for eachpersonstate,
(d) theADDRESS of the principal place of business
(a) theriame,ADDRESS, and telephonenumber,
(b) thenature or descnptionof eachsubstance,
~X 3.7 'iivithin the
past five yearshas any publicentityregis-
(c) the quantity of each
substanceused or taken,
the dateand time of day when eachsubstance was used tered orlicensed your business'~ for each
If so, licenseor
(d)
ortaken, registration,
substance was or (a) license
identify the or registration;
(e) the ADDRESS where each used
(b) statethe name of the public entity, and
taken,
the name, ADDRESS, and telephone number of each (c)state the datesof issuanceand expiration
(f)
perscn who was present when each substance was used
4 0 insurance
oriaken, and
(g) tne name, ADDRESS, and telephone number of any !X l4 1 At thetime of the INCIDENT, was there in effectany
HEAlTH CARE PROVIDER who prescribed or furnished policyof insurance through which you were or might be
the substance and the condition forwhich it was insured in any manner (for exaniple, pro-rata,
pri!nary, or
prescribedor furnished excess or medical
liability coverage expense coverage)for
3.0 General Background Information —Business Entity the damages, claims, that
or actions have ansen out of the
INCIDENT7 for each
If so, policy state
Xl31 Are you a corporation7 state
If so, (a)the kind oi coverage,
the name stated current
in the articles
of incorporation, (b)the name and ADDRESS of the insurance company,
(b) all other namesused by the corporationdunng the past (c) the name, ADDRESS, and telephone number of each
10 years andthe dates each was used, named insured,
(c~ the dateand place of incorporation, (d) thepolicy number,
(d) the ADDRESS of the of business;
principal place and (e) the limits of coverage
for each type of cov..ragecon-
(e) whether you arequalified to do business
in California tainedin tlie policy,
(f) whether any reservation of rightsor controversy or
X 32 Are you a partnership~ state.
If so, coverage disputeexistsbetween you andthe insurance
(a) the current
pa!tniershipname, company, and
(b) all other namesused by the partnership
dunng thepast (g) the name., ADDRESS, and telephone number of the
10 years andthe dates each was used, custodianof the policy
(c) whether you are a limited partnership
and, if so,
under
the laws of v hat ]unsdiction, ~X 42 Are you self-insured
under for the
any statute damaaes,
(6) the name and ADDRESS of each general and
partner, or actions
clal!ns, thathave arisen out of the
INCIDENT7
the ADDRESS of the pnncipal of business
I1'o,
(e) place specify the statute
Pageos
IX I
3 3 Are you a limited liability company7 state
If so, 5,0 [Reservedj
(a) the na!nestated of organization,
in the current articles
6,0 Physical,Manta]„or Emotional Injuries
(b)
(c)
ali other names
years
the dateand
used
and the date
place
by the company
each was used,
dunng the past
of filing of the articles
10
of organization,
~ 61 Do
in]urios
you
to
Preview
1 BREMER WIIYTEBROWN & O'MEARA LLP Keith G, Bremer, State Bar No 155920 2 kbremer@bremerwhyte.corn Alison K, I-Iurley, State Bar No 234042 3 ahurley@bremerwhyte corn 4 Nicole M nslatteryQa. Slattery, State bremerwhyte.corn Bar No 259969 PKtI SAM MATtreO ZS GOUNV 20320 S W. Birch Street 5 Second Floor Newport Beach, California 92660 AOh 9 8 P.i(15 6 Telephone. (949) 221-1000 ";i,',-" Fi, aeIIIOIt C@UA Clare Facsimile: (949) 221-1001 7 Sy OBclJ4"T4 GLERX Attorneys for Cross-Defendant, 8 CROWN BUILDINGMAINTENANCECO dba ABLE BIJILDING MAINTl'",NANCECO. 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 12 I 13 LIJIS PAEZ, ) Case No. CIV 529263 ) 14 Plaintiff, ) DK4CLARATlONOF iNICOLK4 M. ) SLATTKRYIN SUPPORT OF ABLE'S ) MOTION TO COMPEL RESPONSES TO EQUITY ONE, INC., and DOES 1 to 25, ) ITS FIRST SKT OF FORM 16 Inclusn e, ) INTERROGATORIKSPROPOUNDKD ) ON EQUITY ONK, INC. AND REQUEST 17 ) FOR MONETARY SANCTIONS EQUITY ONE, INC, ) ) Date. Septcmbcr 28, 2015 Cross-Complainant, ) Time 9 00am ) Dept I.aw k. Motion ) CROWN BUILDINGMAINTENANCE,dba ) Complaint Filed, June 26, 2014 ABLE BUILDINGMAINTENANCE;and ) Trial Date. January 11. 2016 ROES 1through 100, Inclusive, ) ) Cross-Defendants ) ) 24 25 I, Nicole M. Slattery, declare as follows: C3 26 1 I am an attorney atlaw duly licensed to practice before all of the courts in the State 27 of'alifornia I am a member of the law firm of BREMER %~TH BROWN A O'MEARA LLP, counsel of record for Crown Building Maintenance Co. dba Able Building Maintenance Co ~ BRENER ISHYTE BROWN 6 2li2~VQARA LL+ BIRCH STREET SECOND ELOOR 1 NPilR4iFT BCH CA 92666 (949l 221.1696 DECLARATIONOF NICOLE M SLATTERY - MTC FROG H i3695il49ICI lM I C - L'qLIliiINiivlSDecl - MTC FROO docx 1 ("Able") in this action. I have peisonal knowledge of the facts set forth in this Declaration and, if 2 called as a witness, could and would testify competently to such facts under oath. 2. One June 3,2015, Able served its First Set of Form Interrogatories to Defendant and 4 Cross-Complainant, Equity One, Inc. ("Equity") by mail. A true and correct copy of these 5 interrogatories is attached hereto as Exhibit A, 3. The time for Equity to respond to Able's First Set of Form Interrogatories expired 7 on July 8, 2015. 4 Prior to the filing of this Motion, I made several efforts to meet and confer with 9 Equity's counsel to attempt to obtain Equity's responses. I first contacted Equity's counsel. James 10 Waite, Esq,, via email on July 22, 2015 to advise we had not received Equity's responses, and 11 offered to provide Equity a one-week extension to serve itsresponses without objections. A true 12 and correct copy of this email is attached hereto as Exhibit B 13 5. I did not receive any response from M!r. Waite to my July 22, 2015 email, 6. On July 24, 2015, I received a phone call and an email froni Mr. Waite's paralegal, 15 Midge Googooian, requesting a two-week extension, to August 7, 2015, for Equity to respond to 16 Able's written discovery. A true and correct copy of Ms. Googoolan's email is attached hereto as 17 Exhibit C. 18 7. I responded to Ms Googooian's email the same day, and confirmed the extension to 19 August 7, 2015 as long as the responses were served without objections A true and correct copy of 20 my July 24, 2015 response to Ms Googooian is attached hereto as Exhibit D 21 8 On August 13, 2015, I received an email from Mr Waite acknowledging the 22 responses sti'll hadnot been served and advising the responses would be received "shortly." A true 23 and correct copy of Mr. Waite1s email is attached hereto as Exhibit E 24 9. I responded. to Mr Waite's email the same day, asking when Able could expect to 25 receive copies of Equity's responses. A true and correct copy of my August 13, 2015 response is 26 attached hereto as Exhibit F 27 10, Mr. Waite estimated it would take Equity another week to serve the responses A 28 true and correct copy of Mr. Waite's email is attached hereto as Exhibit G WH~ BRE11ER BROWN S O'NEARA LLP 20320 S W BIRCH STREET SECOND PLQOR HELIPORT SCH, CA 92000 (999) 221-1000 DECLARATIONOF NICOLE M SLATTERY - MTC FROG u695u 49!CI UVlTC - FqLIIty'INi9iS Decl - MTC FROG docx ll 11. On August 25, 2015, after no responses had been received, I sent further 2 correspondence to Mr. Waite, advising Able was preparing tins Motion and requesting that Equity serve its responses before Able filed this Motion to avoid Court intervention. My August 25, 2015 4 email included an offer to accept e-mail service of Equity's responses A true and correct copy of 5 this email is attached hereto as Exhibit II 12 As of the date and time of signing this declaration, I have not received any response 7 to my August 25, 2015 email from Mr. Waite. 13 As of the date and time of sigmng this declaration, I have not received Equity's 9 responses to Able's First Sct of Forin Interrogatories. 10 14. As a result of Equity's failure to respond to Able's First Set of Form Interrogatories, 11 the law firm of Brcmer, Whyte, Brown 4 O'Meara has spent 1 5 hours preparing this Motion, I 12 anticipate my office will spend an additional 10 0 hours traveling to and appearing for hearing on 13 this Motion and preparing a reply. My hourly rate is $ 175,00. 15. In addition to the above, Able also incurred $ 60 00 m costs to file this Motion. 15 I declare under penalty of perjury under the laws of the State of California that the 16 foregoing is true and correct 17 Executed on this 'ay "-:"t.. of August, 2015, at Newport Beach, California 18 19 Niccic trt Slcttcry 20 21 22 23 26 27 28 BREWER WHY.'E BROWN 2 0 IAEI(RI( LLP 20320 S W BIRCH STREET 3 SECOND FLOOR NEWPORT BCH CA 02000 DECLARATIOIIIOF NICOLE M. SLATTERY - MTC FROG (240) 221-'I 300 H 969SI(149'(CF(MTC - Eqtitty(BRIMS Decl - MTC FROG docx EXHyggy g ATTORNEY OR PARTY WITHOUT AT IORNFY (Name, Siale Oao naiobea end address) Ketch C, Bremer,,sq.; Alison K, Hurley, Esq. Nvscole M. Slattery, Esq. Bremer Whyte Brown &.O'Meara, LLB 20320 S.W Birch St., Second. Floor Newport Beach, CA 92660 TELEPNoNE No ~ (949) 221- 1000 FAX NO(Oplioiia)'949) 221 1001 E MAILAOORESS ahurleyfabremerWhyte (Op(lone/) . Cam CROtVN *If(iRNFY roR (Afome) BUILDING MAINTENSÃCE CO. dba ABLL<'UILDTNG liIAINTENAhTCE CO suPERIOR COURT OF cALIFORNIA,COUNTY OF San tqaceo San Mateo Super ior Court Main Courthouse SHORT TITLE OF CASE: LVIB PAEZ V. EQUITY QNE, INC., ET AL. FORM INTERROGATORIES — GENERAL CASF NUMSFR Asking Party" CROWN BUILDING NAINTENJLNCE CQ . 5ba ABLE BUILDING IvtAINTHNANCE CO CIV 529263 Answering Party; EQUITY QNE, INC Set No. ONE Sec, 1. Instructionsto AII Parties (c) Each an swer must be ascomplete and stralghtfoirward (a) are Interrogatories written questionspreparedby a party as the inform atiori reasonably availableto you,including the that are lo an action sentto any other party In the ection io be information p ossessod or acents, by your attorneys permris If answorod under oath The below are form Interrogafories an interrogato ry cannot beanswered coinpietely, ar,swer II to approved Interrogatories for usein civil cases po ssible. the extent (b) for service For time limitations, requirements on other (d) If you do not have enough personalknowledge to fully and parties, otherdetails,see Code of Civil Procedure answer an interrogatory, sayso, but make a reasonableand sections2D30 010-2030 4'I 0 and the cases construing thoso good faith efforl to get the other persons information by asking sections unless or organizatio ns, the inforfnation is equally available to (c) These form interrogatories do not change existing law the askingpa rty. nor do they affect an relating to Interrogatones answering (e) Whenev er an interrogatory may be answered by right to assert party's any pnvilegeor make any oblectlon. refemng to a document,the document may be attached as an Sec. 2 Instructions to the Asking Party exhibit to the response and referred response to in the If the for optional s more thanone page, refer to the page and (a) These Interrogatories are designed use by sectionWhar e the answerto the interrogatory can be found parties where the in unlimited civil cases amount demanded exceeds $ 25,000 Separate interrogatones,Form (f) Whenev er an address and telephonenumber for the — interrogatones (Economic Lit(gat(on) Lfm(ted C(v)l Cases same personare requested one in more than interrogatory, (form DISC-004), which haveno subpafts,aredesigned for you are requii ed to furnish them in answeringonly thefirst Use in lirnilted civil cases where the amount demanded is asking interrogatory for that information, $ 25,000 however, or less, those intorrogatories may also be if you ar e asserting a privilege or making an oblection to (g) Used in unlimited civil cases, an you must specifically assert Interrogatory, thepnvIIege or (b) Check thebox next to oachinterrogatory that you want state in your written response the objection the answenng party to answer Use carein choosingthose interrogatonestha1areapplicableto the case (h) Your answers to thoseinterrogatonesmust be verified, You may insert your own definition of INCIDENT in dated,and signed You may wish to use the followirg form at (c) Section 4, but only vvhere anses the action from a courseof the endof your answers, conduct or a senesof eventsoccurrmg over a penod of tifne l declareunder penalty of pe()ufy underthelaws of rhe (d) The interrogatones 16 0, Defendant's in section State (tial of California the foregoinganswers are trueand — Contefitions Personal not be Injury, shouid used unti! the correct defendant has had a reasonableopportunity to conduct an or discovery investigation of plaintiffs inluries and damages (OhTE) (s(GNA Tuna) (e)Additional Interrogatories may be attached, Sec 3 Instructions to the Answering Party Sec. 4.Definitions (a) An answer or other appropnate response must be Words In 6OLDFACE CAPITALS in these interrogatoiies given to each checked interrogatory by the askingparty are definedasfollows (a) (Check oneof fhe foilowfng), (b) As a general after you are rule, within 30 days served with theseinterrogatones, you must serve your responseson ~x (1) iNCIDENT Includes the circumstancesand the askingparty andserve copies of your responses on all events su rrounding the alleged accident,injury, or to the other parties action who haveappeared See Code of otherocc urrenceor breachof contractgiving rise to Civil Proceduresections2030 260-2030 270 for details or proceeding, this action ore Paae1 f oim Approved for Opsonal Uee Juiiioial Council of California FOR!tti INTERROGATORIES —Gf NERAL eÃaj SS Code of Civil Prooedare 2030 010-2030 J10, 2053 ('10 Olsc-031 [Rev, January 1, 2008] So uttgnr Q~ P(US DISC-001 ] (2) INCIDENT means or (insert your defin,bon here 1 0 Identity of PersonsAnswering These Interrogatories on a separate,attachedsheet labeledeSec ] 1,1 State the name, ADDRESS, felephone number, and 4(a)(2) relationshipto you of each PERSON who prepared or e)'b) assisted >n ti>epreparation of the responses to these (Do not identify anyone interrogatories. who simply typed or reproduced the responses,) YOU OR ANYONEACTING ON YOUR BEHALF 2.0 General Background — infor>nation indiv>dual includesyou, your agents,your employees,your insurance ]2,1 State companies, their employees, their agents, your your atloineys, (a) your name, accountants, and your investigators, anyone elseactingon (b) every name you have used in fhe past; and your behalf, (c) thedates you used each name (c) PERSON includesa naturalperson,firm, association, business, limited liability 2,2 Statethe dateand placeof your birth organization,partnership, trust, ] co>npany, or pubi>c entity corporation, ] 23 At the time of the INCIDENT, did you have a dnver's (d) DOCUMENT means a wnting, asdefined in Eidence l>cease> state', If so, Code section 250,and includesthe ong>nal or a copy of (aj thestateor other issuing entity, handwrit>ng,typevvnf>ng, pnnf>ng,photostats, photographs, (b) the'iicense number and type, stored electronically every other means information, and of (c) the dateof issuance, and recordinaupon thing and form of communicating any tanalole (d) all restnctlons or representation, words, includ>ng letters, sounds. p>ctures, or symbols, cr coinibinations of them 2 4 At thebrne of the INCIDENT, did you have any other perm>t or license for the operation of a motor vehicle7 If so, (e) HEALTH CARE PROVIDER includes any PERSON state referredto in Code section of Civil Procedure 667 7(e)(3), thestateor other issuing (a) entity, (f) ADDRESS means iho street addres~, Including the city, (b) thelicensenumber and type; state,ar>d zip code (c) thedate of issuance', and (d) all rest»ctfcns Sec 5 Interrogatories fhe following interrogatones have been approved by the ] 25 State. (a) your presentresidenceADDRESS; JudicialCounc>l underCode of Civil Procedure section2033,710; (b) your res~denceADDRESSES for the and past five years; CONTENTS (c) the dates at each you leaved ADDRESS. 1 0 Identity of Persons Answenng These Interrogatories 2 0 General Background — Information individual [ ] 26 State 3 0 General Background — Information Business Entity (a) thename, ADDRESS, and telephone number of your 4.0 Insurance presentemployer or placeof self-employment, and 50 fReserved J (b) thename, ADDRESS, datesof employmenf,job title, 6,0 Physical,I>liental, or Emotional In)ur>es and natureof work for each employer or 7 0 Property Damage self-employmentyou have had from f>ve yea> s before 8 0 Loss of Income or EarningCapacity fhe INCIDENT until today 9 0 Other Damages 2 7 State 10 0 Miedlcal History the name and ADDRESS of each (a) school orother 11,0 Other Claims and PreviousClaims acadenwc or vocationalinstitubon 12 0 — Investlgatloll General beginningwith high school; you have attended, 13 0 Investigation— Surveillance (b) ihe datesyou attended, 14 0 Statutoryor RegulatoryV>olations (c) the highest grade level you have and completed, 15 0 Denials and Spec>alor Affirmative Defenses (d) the degreesreceived. 16 0 Defendant's ContentionsPersonal Inlury 17 0 Responses fo Request for Adrnissicns ]2 8 Have you ever been convicted of afelony? If so, for 18,0 fReservedj each conviction state 19 0 fReservea'J fhe c>ty and statewhere you were convicted, 20 0 How the — Incident Occurred Motor Vehicle (a) (b) fhe dateof conviction, 25,0 /Reserved J (c) thie offenise, and 30,0 fReserved J (d) the court and case number 40 0 fReservedj 50 0 60 0 Contract fReservedj J 29 Can you speak Engl>sh with ease7 If not,what !anguaae and dialect do you normally use7 70 0 Unlawful Detainer fSeeseparate form DISC-003J 101,0 Economic separate Litigation fSee form DISC 004J 2 10 Can you readand wnte English with eese7 If not, what 200 0 ErnployrnentLaw fSee separate form DISC-002J ] language and dialectdo you normally use7 Family Law fSoe separate form FL-1 45J [Roy January >, 2C2B] 0>SC-001 FORM INTERROGATORIES —GENERAL Page 2 oi>> DISC-001 '11 At thetime of the INCIDENT were you actingas aii IX i3 4 Are you a]oint venture'( lfso, state. agent or employeefor any PERSON i If so, state (a) the curront]oint venture name, the name, ADDRESS, and telephone number of that (b) allother names i!sedby the venture ]oint during tho (a) PERSON and past10 years and each the dates was used, (b) of your duties. a description (c) the hame and ADDRESS of each joint venturer, and (d)the ADDRESS of the pnncipal place of businoss, l2,12At the time of the INCIDENT did you or any other person have any physical, emotional,or mental disability or l X l association> 3 5 Are you an unincorporated conaitionthat may have contnbuted to theoccurrence of the state, If so, state (a) thecurrent unincorporated associationname, INCIDENT> if so, for eachperson (b) all other names used by theunincorporated association (a) thename, ADDRESS, and telephonenumber, 10 years and dates each was during thepast the the disability or condition, and of the used,'nd (b) nature (c) the manner in which the disabilityor condition the ADDRESS of the of business principal place (c) contnbutedto the occurrenceof theINCIDENT ~X 3 6 Have you done business under a fictitious name during ,213 VV!thin 24hours before theINCIDENT did you or any the past10 years'f so, for each state, fictitious name person involved in1he INCIDENT use or take any of the (a)the name, follow!ngsubstances alcoholic beverage, manjuana, or (b)the dates each was used, otherdrug or medication of any or not)P kind (prescription If thestateand county of eachfictitious name filing, and (c) so, for eachpersonstate, (d) theADDRESS of the principal place of business (a) theriame,ADDRESS, and telephonenumber, (b) thenature or descnptionof eachsubstance, ~X 3.7 'iivithin the past five yearshas any publicentityregis- (c) the quantity of each substanceused or taken, the dateand time of day when eachsubstance was used tered orlicensed your business'~ for each If so, licenseor (d) ortaken, registration, substance was or (a) license identify the or registration; (e) the ADDRESS where each used (b) statethe name of the public entity, and taken, the name, ADDRESS, and telephone number of each (c)state the datesof issuanceand expiration (f) perscn who was present when each substance was used 4 0 insurance oriaken, and (g) tne name, ADDRESS, and telephone number of any !X l4 1 At thetime of the INCIDENT, was there in effectany HEAlTH CARE PROVIDER who prescribed or furnished policyof insurance through which you were or might be the substance and the condition forwhich it was insured in any manner (for exaniple, pro-rata, pri!nary, or prescribedor furnished excess or medical liability coverage expense coverage)for 3.0 General Background Information —Business Entity the damages, claims, that or actions have ansen out of the INCIDENT7 for each If so, policy state Xl31 Are you a corporation7 state If so, (a)the kind oi coverage, the name stated current in the articles of incorporation, (b)the name and ADDRESS of the insurance company, (b) all other namesused by the corporationdunng the past (c) the name, ADDRESS, and telephone number of each 10 years andthe dates each was used, named insured, (c~ the dateand place of incorporation, (d) thepolicy number, (d) the ADDRESS of the of business; principal place and (e) the limits of coverage for each type of cov..ragecon- (e) whether you arequalified to do business in California tainedin tlie policy, (f) whether any reservation of rightsor controversy or X 32 Are you a partnership~ state. If so, coverage disputeexistsbetween you andthe insurance (a) the current pa!tniershipname, company, and (b) all other namesused by the partnership dunng thepast (g) the name., ADDRESS, and telephone number of the 10 years andthe dates each was used, custodianof the policy (c) whether you are a limited partnership and, if so, under the laws of v hat ]unsdiction, ~X 42 Are you self-insured under for the any statute damaaes, (6) the name and ADDRESS of each general and partner, or actions clal!ns, thathave arisen out of the INCIDENT7 the ADDRESS of the pnncipal of business I1'o, (e) place specify the statute Pageos IX I 3 3 Are you a limited liability company7 state If so, 5,0 [Reservedj (a) the na!nestated of organization, in the current articles 6,0 Physical,Manta]„or Emotional Injuries (b) (c) ali other names years the dateand used and the date place by the company each was used, dunng the past of filing of the articles 10 of organization, ~ 61 Do in]urios you to