Preview
BREMER WHYTE BROWN & O’MEARA LLP
Keith G. Bremer, State Bar No. 155920
kbremer@bremerwhyte.com
Alison K. Hurley, State Bar No. 234042
ahurley@bremerwhyte.com
FILED
Nicole M. Slattery, State Bar No. 259969 SAN MATEO COUNTY
“Ee
nslattery@bremerwhyte.com
20320 S.W. Birch Street MAR 0 4 2016
Second Floor
Ne rt Beach, California 92660
Telephone: (949) 221-1000
Facsimile: (949) 221-1001
Attorneys for Defendants,
CROWN BUILDING MAINTENANCE CO. dba ABLE
BUILDING MAINTENANCE CO., and DALY CITY
SERRAMONTE CENTER, LLC
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
1 COUNTY OF SAN MATEO
12
13 LUIS PAEZ, ) Case No. CIV 529263
14 Plaintiff, ) DECLARATION OF NICOLE M.
SLATTERY IN SUPPORT OF DALY
15 Vv. CITY SERRAMONTE CENTER, LLC’S
MOTION TO (1) COMPEL RESPONSES
16 EQUITY ONE, INC.. and DOES 1 to 25, TO ITS REQUEST FOR STATEMENT
rT] Inclusive. OF DAMAGES FROM PLAINTIFF AND
17 (2) REQUEST FOR MONETARY
SANCTIONS
Mv 18
AND RELATED CROSS-ACTION. Date: April 4, 2016
1 19 Time: 9:00 a.m.
L! 5
Dept: Law and Motion
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Complaint Filed: June 26, 2014
1 Trial Date: April 18. 2016
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23 1, Nicole M. Slattery, declare as follows:
24 1 lam an attorney at law duly licensed to practice before all of the courts in the State
25 of California. | am a member of the law firm of BREMER WHYTE BROWN & O’MEARA LLP,
26 counsel of record for Daly City Serramonte Center, LLC (“DCSC”) in this action. I have personal
27 knowledge of the facts set forth in this Declaration and, if called as a witness, could and would
28 testify competently to such facts under oath.
BREMER WivTe BROWN &|
20020 SW BIRCH STREET |
‘SECO!
DECLARATION OF NICOLE M. SLATTERY - MTC Statement of Damages
oer gan aah iam
H:\3695\149\CF\MTC - Stmt of Damages\NMS Decl.docx
2. On or about November 24, 2014, Crown Building Maintenance Co. dba Able
Building Maintenance Co. (“Able”) served a Request for Statement of Damages on Plaintiff by
mail, (A true and correct copy of this request is attached hereto as Exhibit A.)
3 The time for Plaintiff to respond to Able’s Request for Damages expired on
December 15, 2014.
4. Plaintiff failed to respond to Able’s Request for Statement of Damages until June
30, 2015. (A true and correct copy of Plaintiff's June 30, 2015 response is attached hereto as
Exhibit B.)
5. On February 3, 2016, DCSC served its Request for Statement of Damages to
10 Plaintiff, Luis Paez via overnight mail. (A true and correct copy of this request is attached hereto
11 as Exhibit C.)
12 6 The time for Plaintiff to respond to DCSC’s Request for Statement of Damages
13 expired on February 22, 2016.
14 7 On February 5, 2016,Plaintiff's counsel contacted me via email stating that Plaintiff|
15 would provide “numbers for the statement of damages.” (A true and correct copy of this email is
16 attached hereto as Exhibit D.)
17 8 On February 16, 2016, I communicated with Plaintiff via email to advise ] had not
18 yet received Plaintiff's response to DCSC’s Request for Statement of Damages, and requesting to
19 know when Plaintiff would serve the same. (A true and correct copy of this email is attached
20 hereto as Exhibit E.)
21 9 On February 25, 2016, after the deadline had passed, I followed up with Plaintiff's
22 counsel to advise I still had not received Plaintiff's responses to DCSC’s Statement of Damages,
23 and providing Plaintiff an additional week to respond to the same, to March 2, 2016. (A true and
24 correct copy of this email is attached hereto as Exhibit F.)
25 10. 1 did not receive any response from Plaintiff's counsel to my February 25, 2016
26 email, related to the statement of damages.
27 11. As of the date and time of signing this declaration, I have not received Plaintiff's
28 Response to DCSC’s Request for Statement of Damages.
BREMER WHYTE BROWN 8|
suo gw. BRONSTREET 2
CA 92660 | DECLARATION OF NICOLE M. SLATTERY - MTC Statement of Damages
(649) 221-1000
H\3695\1 49\CF\MTC - Stmt of Damages\NMS Decl.docx
12. As a result of Plaintiff's failure to respond to DCSC’s Request for Statement of|
Damages, the law firm of Bremer, Whyte, Brown & O’Meara has spent 2.5 hours preparing this
Motion. I anticipate my office will spend an additional 10.0 hours traveling to and appearing for
hearing on this Motion and preparing a reply. My hourly rate is $175.00.
13. In addition to the above, DCSC also incurred $60.00 in costs to file this Motion.
1 declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on anise day of March 2016, at Newport Beach, California.
th
10 - A LO
Nicole M. 1 jattery
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BaetteR AHYTE BROW:4
BERRA UP
gone SW SRCH 3
nawPORy Bene $2089
e250) 224-1009
DECLARATION OF NICOLE M. SLATTERY - MIC Statement of Damages
HAGOISMANCAMIC - Stmt of Damages‘NMS Decl.docx
EXHIBIT A
BREMER WHYTE BROWN & O’MEARA LLP
Keith G. Bremer, State Bar No. 155920
Kbremer@bremervh
Alison K. Hurley, State ‘Bar No. 234042
ahurley@bremerwh'
Nicole M.
nslattery
5 ‘tate Bar No.
Slattery,
te.com:
bremerwhyte.com
259969
20320 S. Birch Street
Second Floor
Ne rt Beach, California 92660
Telephone: (949) 221-1000
Facsimile: (949) 221-1001
Attorneys for Cross-Defendant,
CROWN BUILDING MAINTENANCE CO, dba ABLE
BUILDING MAINTENANCE CO.
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
i COUNTY OF SAN MATEO
12
13 LUIS PAEZ ) Case No. CIV 529263
14 Plaintiff, ) REQUEST FOR STATEMENT OF
VS. ) DAMAGES
15
EQUITY ONE, INC., and DOES 1 to 25
16 Inclusive.
17
EQUITY ONE, INC.
18
Cross-Complainant,
19 VS.
20 CROWN BUILDING MAINTENACE, dba
ABLE BUILDING MAINTENANCE; and
21 ROES 1 through 100, Inclusive,
Cross-Defendants.
23
24 TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD:
25 Pursuant to the provisions of California Code of Civil Procedure, Section 425.11, and on
26 behalf of Cross-Defendant, CROWN BUILDING MAINTENANCE CO. dba ABLE BUILDING
27 MAINTENANCE CO. sued and served herein as CROWN BUILDING MAINTENACE, dba
28 ABLE BUILDING MAINTENANCE, demand is hereby made that plaintiff, LUIS PAEZ, by and
BREMER WHYTE BROWN 6|
0020 8W. BIRCH OTREET
NEWPORT BSH, GA $2880 REQUEST FOR STATEMENT OF DAMAGES
(40) 221-1000
HA3695\149\Disc\Statement of Dumages.docx
through his counsel of record, provide a statement of damages as to the nature and amount thereof,
including general (non-economic) damages, special (economic) damages, and punitive damages,
within fifteen (15) days after service of this demand
Dated: October 22, 2014 BREMER WHYTE BROWN & O’MEARA LLP
By:
Keith G, Bremer
Alison K. Hurley
Nicole M. Slattery
Attorneys for Cross-Defendant
CROWN BUILDING MAINTENANCE
CO, dba ABLE BUILDING
MAINTENANCE CO,
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[OREMER WHYTE BROWN 4}
‘os20 Sw. BIRCH STREET
NEWPORT BCH, CA 02060 REQUEST FOR STATEMENT OF DAMAGES,
1049)
HAZ69S\L4MDise\Statement of Damages.docx
PROOF OF SERVICE
I am employed in the County of Orange, State of California, I am over the age of 18 and
not a party to the within action. My business address is 20320 S.W. Birch Street, Second Floor,
Newport Beach, California 92660.
On November 24, 2014, | served the within document(s) described as:
REQUEST FOR STATEMENT OF DAMAGES
on the interested parties in this action as stated on the attached mailing list.
(BY MAIL) By placing a true copy of the foregoing document(s) in a sealed envelope
addressed as set forth on the attached mailing list. I placed each such envelope
collection and mailing following ordinary business practices. I am readily familiar with this
Firm's practice for collection and processing of correspondence for mailing. Under that
10 practice, the correspondence would be deposited with the United States Postal Service on
that same day, with postage thereon fully prepaid at Newport Beach, California, in the
11 ordinary course of business. I am aware that on motion of the party served, service is
presumed invalid if postal cancellation date or postage meter date is more than one day after
12 date of deposit for mailing in affidavit.
13 Executed on November 24, 2014, at Newport Beach, California.
14 I declare under penalty of perjury under the laws of the State ‘California that the
foregoing is true and correct. :
1 Nw
16 Deborah Hemandez
(Type or print name) U7 i ture)
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BREMER WHYTE BROWN |
20020 6.W. BIRCH STREET
‘SECOND!
(94) 221-1000
H:3695\149\PROOF OF SERVICE.docx
Luis Paez v. Equity One, Inc..et al.
Case No. CIV 529263
BWB&O CLIENT: _ Cross-Defendant, Crown Building Maintenance Co. dba Able Building
Maintenance Co.
BWB&O FILE NO.: 3695,149
SERVICE LIST
Broderick H. Brown James F. Waite
Broderick H. Brown Law Firm Law Offices of Samuel G.
2831 Telegraph Avenue Grader
Oakland, CA 94609 555 Mission Street, Suite 320
San Francisco, CA 94105
(210) 452-6300
9 |] (510) 417-9197 Fax (415) 932-7223 Direct Dial
(415) 932-7200 Main Line
10 || Email: (866) 853-8846 Fax
i Attorneys for Plaintiff, Luis Email:
aez:
12 Attorneys for Defendant/Cross-
Complainant, Equity One, Inc.
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reat BROWN al
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NEWPORT BCH, CA #2360
(040) 221-1000
H3695\149\PROOF OF SERVICE.docx
EXHIBIT B
——_—_
w ft | 2GRT/¥9
- DO NOT FILE WITH THE COURT-
YH S civ-os0 -
-UNLESS YOU ARE APPLYING FOR A DEFAULT JUDGMENT UNDER CODE OF CIVIL PROCEDURE § 585 -
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name
and Address): TELEPHONE NO.: ‘FOR COURT
USE ONLY
Broderick H. Brown
BRODERICK H. BROWN LAW FIRM
2831 Telegraph Ave.
Oakland, CA 94609
ATTORNEY
FOR (nome): Luis Paez, plaintiff
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo
streetappress: 400 County Center, Ist Floor, Room A.
(MAILING ADDRESS:
cry anpzecone: San Maeto, 94603
BRANCH NAME: ivi
PLAINTIFF: Luis Pacz
DEFENDANT: Equity One Inc, and Does 1-25, Inclusive.
‘CASE NUMBER:
STATEMENT OF DAMAGES
(Personal Injury or Wrongful Death) CIV529263
To (name of dalagcdant RET Ct al
Plaintiff (name of one plaintiff only): Luis Paez .
seeks damages in the above-entitled action, as follows;
1. General damages
AMOUNT
a, CT Pain, suffering, and inconvenionce ......csesccsessssmeneeeee eestsensenn wu. $ according to proof
b. [2] Emotional distress. _ § according to proof
c. J Loss of consortium §
d. 7] Loss of sociey and companionship (wrongful death actions only) ......... seesenen
e. J other (specity)
6. (1 other (specify)
g. J Continued on Attachment 1.9.
2. Special damages
a Medical expenses (to date) «sss... lesen $34,579.35
b. Future medica! expenses (present value) $ according to proof
c. LJ Loss of eamings
(to date) . .
¢. 1] Loss of future eaming capacity (present value)
oe. [2] Property damage ......
¢. [1 Funeral expenses (wrongful death actions only)
g- [1 Future contributions (present value) (wrongful death actions only) .......
h. J Value of personal service, advice, or training (wrongful death actions only) .
i Other (specify) hom: g according to proof
sn enonseteeetasesersasenegstet
ji. [25 other (specify) sesesseee
k. (J Continued on Attachment 2.k.
3, J Punitive damages: Plaintiff reserves the right fo seek punitive damages in the amount of (specify)..a
$
when pursuing a judgment in the suit filed against you.
Date: 06/30/2015
Broderick H. Brown
{TYPE OR PRINT NAME)
> be kM (SIGNATURE
OF PLAINTIFF OR ATTORNEY
FOR PLAINTIFF)
(Proof of service on reverse) Paget of 2
Form Adapted for Use STATEMENT OF DAMAGES. Coco Ct Prods, 95 425.11, 425-196
‘ealferaia
civ.050 Saruary
1, 2007] (Personal Injury or Wrongful Death)
—_.-
we ol —_. —
r n>
CIV-050
CASE NUMBER:
PLAINTIFF: Luis Paez
CIV529263
DEFENDANT: Equity One Inc. and Does 1-25, Inclusive.
PROOF OF SERVICE
(Alter having the other party served as described below, with any of the documents Identified
in item 1, have the person who served
the documents complete this Proof of Service. Plaintiff cannot serve these papers.)
1. | served the
a. Statement of Damages C—l other (specify):
b. on (name): Equtiy One Inc., et al
¢. by serving L¥_Jdefendant LC Jother {name and title or relationship to person served):
d. Coby detivery Clathome [lat business
(1) date:
(2) time:
(3) address:
e. [by mailing
(1) date: June 30, 2015 ee —,
{2) place:_20320 S.W. Birch St., Znd 1160r, , Newport Beach, CA 92660
2. Manner of service (check proper box):
a. C) Personal service. By personally delivering copies. (CCP § 415.10)
b. Substituted service on corporation, unincorporated association (including partnership), or public entity. By
leaving, during usual office hours, copies in the office of the person served with the person who apparently was in
charge and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the
copies were left, (CCP § 415.20(a))
« CI ‘Substituted service on natural person, minor, conservatee, or candidate. By leaving copies at the dwelling house,
usual place of abode, or usual place of business of the person served in the presence of a competent member of the
household or a parson apparently in charge of the offtce or place of business, at least 18 years of age, who was
informed of the general nature of the papers, and thereafter mailing (by first-class mail, postage prepaid) copies to the
person served at the place where the copies were left. (CCP § 415.20(b)) (Attach separate declaration or affidavit
stating acts relied on to establish reasonable dillgence In first attempting personal service.)
¢, J mattana acknowledgment service. By mailing (by first- class mail or airmail, postage prepaid) copies to the person
served, together with two copies of the form of notice and acknowledgment and a return envelope, postage prepaid,
addressed to the sender. (CCP § 415.30) (Attach completed acknowledgment of recelpt.)
e Certified or registered mail service. By mailing to an address outside California (by first-class mail, postage prepaid,
requiring a retum receipt) copies to the person served. (CCP § 415.40) (Attach signed return receipt or other
evidence of actual delivery to the person served.)
t C2) other (specify
code section):
additional page Is attached.
3. At the time of service I was at least 18 years of age and not a party to this action.
4, Fee for service: $
5. Person serving:
a California sheriff, marshal, or constable 1. Name, address and telephone number and, if applicable,
b.
c. 5 Registered California process server
Employee or Independent contractor of a registered
Catifomia process server
county of registration and number:
“4 Not a registered Callfomia process server
Exempt from registration under Bus. & Prof. Code
§ 22350(b)
| declare under penalty
of perjury under the laws of the (For California sheriff, marshal, or constable use only)
State of California
that the foregoing is true and correct. \certify that the foregoing is true and correct.
-
Date: 06/30/2015 Date:
> Kw >.
(SIGNATURE) (SIGNATURE)
(ClV-050 [Rev. January 1, 2007) PROOF OF SERVICE Cove ot Cn Procedure $5425.11.
28.8
(Statement of Damages)
—-—
EXHIBIT C
BREMER WHYTE BROWN & O’MEARA LLP
Keith G. Bremer, State Bar No. 155920
kbrem eri
Alison K. Hurley, State ‘Bar No. 234042
ahurley@bremerwhyte.com
Nicole |. Slattery, State Bar No. 259969
remerwhyte.com
20320 . . Birch Street
Second Floor
Ne rt Beach, California 92660
Telephone: (949) 221-1000
Facsimile: (949) 221-1001
Attomeys for Defendant
CROWN BUILDING MAINTENANCE CO. dba ABLE
BUILDING MAINTENANCE CO., and DALY CITY
SERRAMONTE CENTER, LLC
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SAN MATEO
12
13 LUIS PAEZ, ) Case No. CIV 529263
14 Plaintiff, ) DALY CITY SERRAMONTE CENTER’S
Vv. ) REQUEST FOR STATEMENT OF
15 ) DAMAGES
EQUITY ONE, INC., and DOES 1 to 25, 2
16 Inclusive.
) Complaint Filed: June 26, 2014
17 ) Trial Date: April 18, 2016
18 AND RELATED CROSS-ACTION. )
)
19
20 TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD:
21 Pursuant to the provisions of Califomia Code of Civil Procedure, Section 425.11, and on
behalf of Defendant DALY CITY SERRAMONTE CENTER, LLC demand is hereby made that
23 Plaintiff, LUIS PAEZ, by and through his counsel of record, provide a statement of damages as to)
24 the nature and amount thereof, including general (non-economic) damages, special (economic)
25 MM
26 Mt
27 a“
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BREMER worvTE BROWN |
{20010 BW. BIRCH STREET
[NEWPORT DoH, CA 92860 DALY CITY SERRAMONTE CENTER'S REQUEST FOR STATEMENT OF DAMAGES
231-1000
[] Ha3695u49wisc\Propounded - DCSC\Req Smt of Damages.docx
1 | damages, and punitive damages. within fifteen (15) days after service of this demand.
22 Dated: February 3. 2016 BREMER WHYTE BROWN & O'MEARA LLP
By: (eg bs mM =
Keith G. Bremer
Alison K. Hurley
‘
NS
2
Nicole M. Slattery
Attorneys for Defendants
CROWN BUILDING MAINTENANCE
CO, dba ABLE BUILDING
MAINTENANCE CO.. and DALY CITY
SERRAMONTE CENTER, LLC
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DREMER were BHOVaL|
20020 ‘SECOND
5¥/ BIRCHILOOR
STRECT
Rr DALY CITY SERRAMONTE CENTER'S REQUEST FOR STATEMENT OF DAMAGES
(49) 221-1069
1.369514 Dise\Propounded - DCSC\Req Sum of Duunages.doex
go
No
1 PROOF OF SERVICE
22
3 1am employed in the County of Orange, State of California. Lam over the age of 18 and
nota party to the within action. My business address is 20320 S.W. Birch Street, Second Floor.
4 || Newport Beach, California 92660.
=
> On February 3,3 2016, I served the within document(s) described as:
6 DALY CITY SERRAMONTE CENTER'S REQUEST FOR STATEMENT OF
DAMAGES
7
on the interested parties in this action as stated on the attached mailing list.
(BY OVERNIGHT DELIVERY) | deposited ina box or other fi ity regularly maintained
by Federal I press. an ¢: re: servic arrier, or delivered to a courier or driver authorized
by said exp service carrier to reccive dacument: a true copy of the foregoing
10 document(s) in a sealed envelope or package des’ a! ted by the express serv: carrier,
addressed as set forth on the attached mailing list, with fees for overnight delivery paid or
11 provided for.
12 Executed on February 3, 2016, at Newport Beach. California.
13 I declare under penalty of perjury under the laws of the Giate of Cy omnia U th
foregoing is true and correct. my
14
15 Deborah Hernandez _-————_
(Type or print name) (Ss ¢)
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feck Zane atone
a7 Srgtnet
“EPO! ‘cx 92000
13695.14PROOF OF SERVICE doe,
\. -
Luis Paez v. Equity One, Inc.,et al.
Case No. CIV 529263
BWB&O CLIENT: Cross-Defendant, Crown Building Maintenance Co. dba Able Building
Maintenance Co.
4 BWB&O FILE NO.: 3695.149
5 SERVICE LIST
6|| Broderick H. Brown
Broderick H. Brown Law Firm
7/2831 Telegraph Avenue
Oakland, CA 94609
(510) 452-6300
9 (866) 417-9197 Fax
10 Email:
11 || Attorneys for Plaintiff, Luis
aez
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BREMER WHRTE BROWN
20320 SW. BIRCH STREET |
[NEWPORT Boi, CA $2580
HA3695\149\PROOF OF SERVICE.docx.
EXHIBIT D
Deborah Hernandez LS
From: Broderick Brown
Sent: Friday, February 05, 2016 4:40 PM
To: Nicole M. Slattery
Subject: Paez v. Equity
Categories: 3695.149 ©
Nicole,
We will send you numbers for the statement of damages for whatever it is worth.
Additionally, in order to compromise we will supplement any responses that need to be supplemented.
Broderick
This email communication may contain CONFIDENTIAL INFORMATION WHICH ALSO MAY BE
LEGALLY PRIVILEGED and is intended only for the use of the intended recipients identified above. If you
are not the intended recipient of this communication, you are hereby notified that any unauthorized review, use,
dissemination, distribution, downloading, or copying of this communication is strictly prohibited. If you are not
the intended recipient and have received this communication in error, please immediately notify us by reply
email, delete the communication and destroy all copies.
IRS CIRCULAR 230 DISCLOSURE
To ensure compliance with requirements by the IRS, we inform you that any U.S. tax advice contained in this
communication (including any attachments) is not intended or written to be used, and cannot be used, for the
purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or
recommending to another party any transaction or matter addressed herein.
EXHIBIT E
Nicole M. Slattery
From: Nicole M. Slattery
Sent: Tuesday, February 16, 2016 1:10 PM
To: Broderick H. Brown (broderick.brown@gmail.com); Law Office of Broderick H. Brown
(broderickbrownlaw@gmail.com)
Ce: Deborah Hernandez
Subject: RE: Paez v. Equity 3695.149
Importance: High
Categories: 3695.149
Broderick,
I still have not received a response to my email below, following up on a letter from the previous week. We also have not
yet received plaintiff's statement of damages. Please advise when we will receive the statement of damages, and whether
you are authorized to accept service for Julie and Nicholas Paez.
Nicole M. Slattery
Bremer Whyte Brown & O'Meara, LLP
20320 S.W. Birch Street 2nd Floor
Newport Beach, CA 92660
949.221.1000
949.221.1001 fax
www.bremerwhyte.com
BREMER WHYTE
BREMER WHYTE BROWN & O'MEARA LLP
DEVELOPING SOLUTIONS TO MEET YOUR GOALS
www. bremerwhyte.com
Newport Beach « Las Vegas * Los Angeles * San Diego
Berkeley ¢ Phoenix ¢ Denver « Riverside »* Reno
From: Nicole M. Slattery
Sent: Friday, February 12, 2016 9:41 AM
To: Broderick H. Brown mail.com
Cc: Deborah Hernandez
Subject: Paez v. Equity 3695.149
Hi Broderick,
I sent you the attached letter last week, asking you to confirm whether you are authorized to accept service of deposition
subpoenas on behalf of Plaintiff's wife and son. | have not yet received a response, Alternatively, if you do not plan to
call them at trial, please let me know. I would appreciate a response before the end of the day today, so that we do not
incur unnecessary costs to personally serve Julie and Nicholas Paez.
Sincerely,
Nicole M. Slattery
-
Bremer Whyte Brown & O'Meara, LLP
20320 S.W. Birch Street 2nd Floor
Newport Beach, CA 92660
949.221.1000
949.221.1001 fax
www.bremerwhyte.com
BREMER WHYTE
BREMER WHYTE BROWN & O’MEARA LLP
DEVELOPING SOLUTIONS TO MEET YOUR GOALS
wrew.bremerwhyte.com.
Newport Beach » Las Vegas » Los Angeles * San Diego
Berkeley + Phoenix » Denver Riverside * Reno
EXHIBIT F
x
Deborah Hernandez
LE
From: Nicole M. Slattery
Sent: Thursday, February 25, 2016 3:58 PM
To: "Broderick Brown’
Cc: Alison Hurley
Subject: RE: Paez - Meet and Confer regarding Notice of PMK for both defendants
Categories: 3695.149
Broderick,
Our objections stand as stated, however we will be appearing with deponents responsive to your PMK notices next week.
I have yet to receive responses to our previously served supplemental discovery requests or request for statement of
damages, which are now long overdue. We have met and conferred with you on this several times already, and you
confirmed you would serve responses and a statement of damages, yet we still have not received them. Please be advised
that if we do not receive them before the close of business on Wednesday, March 2, we will be filing a motion to compel
the responses, which will include a request for sanctions.
We also have not received any response to our 998 Offer. | believe Plaintiff's deadline to accept is March |.
Thanks,
Nicole M. Slattery
Bremer Whyte Brown & O'Meara, LLP
20320 S.W. Birch Street 2nd Floor
Newport Beach, CA 92660
949.221.1000
949.221.1001 fax
www.bremerwhyte.com
BREMER WHYTE
BREMER WHYTE BROWN & O’MEARA LLP
DEVELOPING SOLUTIONS TO MEET YOUR GOALS
www.bremerwhyte.com
Newport Beach * Las Vegas » Los Angeles * San Diego
Berkeley « Phoenix « Denver ¢ Riverside « Reno
From: Broderick Brown ilto:
Sent: Thursday, February 25, 2016 3:51 PM
To: Nicole M. Slattery
Subject: Paez - Meet and Confer regarding Notice of PMK for both defendants
Nicole,
I am in receipt regarding your objections to the entirety of both notices of the PMK depositions of Crown
Building Maintenance and Daly City Serramonte Center.
1
I want to confirm that your clients will provide a person most knowledge for each category within their
respective notices,
Please confirm prior to 10 am tomorrow.
broderick
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This email communication may contain CONFIDENTIAL INFORMATION WHICH ALSO MAY BE
LEGALLY PRIVILEGED and is intended only for the use of the intended recipients identified above. If you
are not the intended recipient of this communication, you are hereby notified that any unauthorized review, use,
dissemination, distribution, downloading, or copying of this communication is strictly prohibited. If you are not
the intended recipient and have received this communication in error, please immediately notify us by reply
email, delete the communication and destroy all copies.
IRS CIRCULAR 230 DISCLOSURE
To ensure compliance with requirements by the IRS, we inform you that any U.S. tax advice contained in this
communication (including any attachments) is not intended or written to be used, and cannot be used, for the
purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or
recommending to another party any transaction or matter addressed herein.
1 PROOF OF SERVICE
>
2
3 I am employed in the County of Orange, State of California. 1 am over the age of 18 and
nota party to the within action. My business address is 20320 S.W. Birch Street, Second Floor,
4 || Newport Beach, California 92660.
<
2 On March 4, 2016, I served the within document(s) described as:
6 DECLARATION OF NICOLE M. SLATTERY IN SUPPORT OF DALY CITY
SERRAMONTE CENTER, LL S MOTION TO (1) COMPEL RESPONSES TO ITS
7 REQUEST FOR STATEMENT OF DAMAGES FROM PLAINTIFF AND (2) REQUEST
FOR MONETARY SANCTIONS.
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on the interested parties in this action as stated on the attached mailing list.
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(BY MAIL) By placing a true copy of the foregoing document(s) in a sealed envelope
10 addressed as set forth on the attached mailing list. 1 placed each such enyelope for
collection and mailing following ordinary business practices. | am readily familiar with this
1 Kirm's practice for collection and processing of correspondence for mailing. Under that
practice. the correspondence would be deposited with the United States Postal Service on
122 that same day, with postage thereon fully prepaid at Newport Beach, California, in the
ordinary course of business. ] am aware that on motion of the party served, service is
4
13 presumed invalid if postal cancellation date or postage meter date is more than one day after
date of deposit for mailing in affidavit.
14
= Executed on March 4, 2016, at Newport Beach, California.
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I declare under penalty of perjury under the laws of the State alifo: fo the
(
16 foregoing is true and correct.
17 —/
Deborah Hernandez
18 (Type or print name) Y Yoh
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Preview
BREMER WHYTE BROWN & O’MEARA LLP Keith G. Bremer, State Bar No. 155920 kbremer@bremerwhyte.com Alison K. Hurley, State Bar No. 234042 ahurley@bremerwhyte.com FILED Nicole M. Slattery, State Bar No. 259969 SAN MATEO COUNTY “Ee nslattery@bremerwhyte.com 20320 S.W. Birch Street MAR 0 4 2016 Second Floor Ne rt Beach, California 92660 Telephone: (949) 221-1000 Facsimile: (949) 221-1001 Attorneys for Defendants, CROWN BUILDING MAINTENANCE CO. dba ABLE BUILDING MAINTENANCE CO., and DALY CITY SERRAMONTE CENTER, LLC 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 1 COUNTY OF SAN MATEO 12 13 LUIS PAEZ, ) Case No. CIV 529263 14 Plaintiff, ) DECLARATION OF NICOLE M. SLATTERY IN SUPPORT OF DALY 15 Vv. CITY SERRAMONTE CENTER, LLC’S MOTION TO (1) COMPEL RESPONSES 16 EQUITY ONE, INC.. and DOES 1 to 25, TO ITS REQUEST FOR STATEMENT rT] Inclusive. OF DAMAGES FROM PLAINTIFF AND 17 (2) REQUEST FOR MONETARY SANCTIONS Mv 18 AND RELATED CROSS-ACTION. Date: April 4, 2016 1 19 Time: 9:00 a.m. L! 5 Dept: Law and Motion 20 Complaint Filed: June 26, 2014 1 Trial Date: April 18. 2016 22 23 1, Nicole M. Slattery, declare as follows: 24 1 lam an attorney at law duly licensed to practice before all of the courts in the State 25 of California. | am a member of the law firm of BREMER WHYTE BROWN & O’MEARA LLP, 26 counsel of record for Daly City Serramonte Center, LLC (“DCSC”) in this action. I have personal 27 knowledge of the facts set forth in this Declaration and, if called as a witness, could and would 28 testify competently to such facts under oath. BREMER WivTe BROWN &| 20020 SW BIRCH STREET | ‘SECO! DECLARATION OF NICOLE M. SLATTERY - MTC Statement of Damages oer gan aah iam H:\3695\149\CF\MTC - Stmt of Damages\NMS Decl.docx 2. On or about November 24, 2014, Crown Building Maintenance Co. dba Able Building Maintenance Co. (“Able”) served a Request for Statement of Damages on Plaintiff by mail, (A true and correct copy of this request is attached hereto as Exhibit A.) 3 The time for Plaintiff to respond to Able’s Request for Damages expired on December 15, 2014. 4. Plaintiff failed to respond to Able’s Request for Statement of Damages until June 30, 2015. (A true and correct copy of Plaintiff's June 30, 2015 response is attached hereto as Exhibit B.) 5. On February 3, 2016, DCSC served its Request for Statement of Damages to 10 Plaintiff, Luis Paez via overnight mail. (A true and correct copy of this request is attached hereto 11 as Exhibit C.) 12 6 The time for Plaintiff to respond to DCSC’s Request for Statement of Damages 13 expired on February 22, 2016. 14 7 On February 5, 2016,Plaintiff's counsel contacted me via email stating that Plaintiff| 15 would provide “numbers for the statement of damages.” (A true and correct copy of this email is 16 attached hereto as Exhibit D.) 17 8 On February 16, 2016, I communicated with Plaintiff via email to advise ] had not 18 yet received Plaintiff's response to DCSC’s Request for Statement of Damages, and requesting to 19 know when Plaintiff would serve the same. (A true and correct copy of this email is attached 20 hereto as Exhibit E.) 21 9 On February 25, 2016, after the deadline had passed, I followed up with Plaintiff's 22 counsel to advise I still had not received Plaintiff's responses to DCSC’s Statement of Damages, 23 and providing Plaintiff an additional week to respond to the same, to March 2, 2016. (A true and 24 correct copy of this email is attached hereto as Exhibit F.) 25 10. 1 did not receive any response from Plaintiff's counsel to my February 25, 2016 26 email, related to the statement of damages. 27 11. As of the date and time of signing this declaration, I have not received Plaintiff's 28 Response to DCSC’s Request for Statement of Damages. BREMER WHYTE BROWN 8| suo gw. BRONSTREET 2 CA 92660 | DECLARATION OF NICOLE M. SLATTERY - MTC Statement of Damages (649) 221-1000 H\3695\1 49\CF\MTC - Stmt of Damages\NMS Decl.docx 12. As a result of Plaintiff's failure to respond to DCSC’s Request for Statement of| Damages, the law firm of Bremer, Whyte, Brown & O’Meara has spent 2.5 hours preparing this Motion. I anticipate my office will spend an additional 10.0 hours traveling to and appearing for hearing on this Motion and preparing a reply. My hourly rate is $175.00. 13. In addition to the above, DCSC also incurred $60.00 in costs to file this Motion. 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on anise day of March 2016, at Newport Beach, California. th 10 - A LO Nicole M. 1 jattery 1 12 NS 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BaetteR AHYTE BROW:4 BERRA UP gone SW SRCH 3 nawPORy Bene $2089 e250) 224-1009 DECLARATION OF NICOLE M. SLATTERY - MIC Statement of Damages HAGOISMANCAMIC - Stmt of Damages‘NMS Decl.docx EXHIBIT A BREMER WHYTE BROWN & O’MEARA LLP Keith G. Bremer, State Bar No. 155920 Kbremer@bremervh Alison K. Hurley, State ‘Bar No. 234042 ahurley@bremerwh' Nicole M. nslattery 5 ‘tate Bar No. Slattery, te.com: bremerwhyte.com 259969 20320 S. Birch Street Second Floor Ne rt Beach, California 92660 Telephone: (949) 221-1000 Facsimile: (949) 221-1001 Attorneys for Cross-Defendant, CROWN BUILDING MAINTENANCE CO, dba ABLE BUILDING MAINTENANCE CO. 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA i COUNTY OF SAN MATEO 12 13 LUIS PAEZ ) Case No. CIV 529263 14 Plaintiff, ) REQUEST FOR STATEMENT OF VS. ) DAMAGES 15 EQUITY ONE, INC., and DOES 1 to 25 16 Inclusive. 17 EQUITY ONE, INC. 18 Cross-Complainant, 19 VS. 20 CROWN BUILDING MAINTENACE, dba ABLE BUILDING MAINTENANCE; and 21 ROES 1 through 100, Inclusive, Cross-Defendants. 23 24 TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD: 25 Pursuant to the provisions of California Code of Civil Procedure, Section 425.11, and on 26 behalf of Cross-Defendant, CROWN BUILDING MAINTENANCE CO. dba ABLE BUILDING 27 MAINTENANCE CO. sued and served herein as CROWN BUILDING MAINTENACE, dba 28 ABLE BUILDING MAINTENANCE, demand is hereby made that plaintiff, LUIS PAEZ, by and BREMER WHYTE BROWN 6| 0020 8W. BIRCH OTREET NEWPORT BSH, GA $2880 REQUEST FOR STATEMENT OF DAMAGES (40) 221-1000 HA3695\149\Disc\Statement of Dumages.docx through his counsel of record, provide a statement of damages as to the nature and amount thereof, including general (non-economic) damages, special (economic) damages, and punitive damages, within fifteen (15) days after service of this demand Dated: October 22, 2014 BREMER WHYTE BROWN & O’MEARA LLP By: Keith G, Bremer Alison K. Hurley Nicole M. Slattery Attorneys for Cross-Defendant CROWN BUILDING MAINTENANCE CO, dba ABLE BUILDING MAINTENANCE CO, 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [OREMER WHYTE BROWN 4} ‘os20 Sw. BIRCH STREET NEWPORT BCH, CA 02060 REQUEST FOR STATEMENT OF DAMAGES, 1049) HAZ69S\L4MDise\Statement of Damages.docx PROOF OF SERVICE I am employed in the County of Orange, State of California, I am over the age of 18 and not a party to the within action. My business address is 20320 S.W. Birch Street, Second Floor, Newport Beach, California 92660. On November 24, 2014, | served the within document(s) described as: REQUEST FOR STATEMENT OF DAMAGES on the interested parties in this action as stated on the attached mailing list. (BY MAIL) By placing a true copy of the foregoing document(s) in a sealed envelope addressed as set forth on the attached mailing list. I placed each such envelope collection and mailing following ordinary business practices. I am readily familiar with this Firm's practice for collection and processing of correspondence for mailing. Under that 10 practice, the correspondence would be deposited with the United States Postal Service on that same day, with postage thereon fully prepaid at Newport Beach, California, in the 11 ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after 12 date of deposit for mailing in affidavit. 13 Executed on November 24, 2014, at Newport Beach, California. 14 I declare under penalty of perjury under the laws of the State ‘California that the foregoing is true and correct. : 1 Nw 16 Deborah Hemandez (Type or print name) U7 i ture) 17 18 19 20 21 22 23 24 25 26 27 28 BREMER WHYTE BROWN | 20020 6.W. BIRCH STREET ‘SECOND! (94) 221-1000 H:3695\149\PROOF OF SERVICE.docx Luis Paez v. Equity One, Inc..et al. Case No. CIV 529263 BWB&O CLIENT: _ Cross-Defendant, Crown Building Maintenance Co. dba Able Building Maintenance Co. BWB&O FILE NO.: 3695,149 SERVICE LIST Broderick H. Brown James F. Waite Broderick H. Brown Law Firm Law Offices of Samuel G. 2831 Telegraph Avenue Grader Oakland, CA 94609 555 Mission Street, Suite 320 San Francisco, CA 94105 (210) 452-6300 9 |] (510) 417-9197 Fax (415) 932-7223 Direct Dial (415) 932-7200 Main Line 10 || Email: (866) 853-8846 Fax i Attorneys for Plaintiff, Luis Email: aez: 12 Attorneys for Defendant/Cross- Complainant, Equity One, Inc. 13 14 1S 16 17 18 19 20 21 22 23 24 25 26 27 28 reat BROWN al ne NEWPORT BCH, CA #2360 (040) 221-1000 H3695\149\PROOF OF SERVICE.docx EXHIBIT B ——_—_ w ft | 2GRT/¥9 - DO NOT FILE WITH THE COURT- YH S civ-os0 - -UNLESS YOU ARE APPLYING FOR A DEFAULT JUDGMENT UNDER CODE OF CIVIL PROCEDURE § 585 - ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO.: ‘FOR COURT USE ONLY Broderick H. Brown BRODERICK H. BROWN LAW FIRM 2831 Telegraph Ave. Oakland, CA 94609 ATTORNEY FOR (nome): Luis Paez, plaintiff SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo streetappress: 400 County Center, Ist Floor, Room A. (MAILING ADDRESS: cry anpzecone: San Maeto, 94603 BRANCH NAME: ivi PLAINTIFF: Luis Pacz DEFENDANT: Equity One Inc, and Does 1-25, Inclusive. ‘CASE NUMBER: STATEMENT OF DAMAGES (Personal Injury or Wrongful Death) CIV529263 To (name of dalagcdant RET Ct al Plaintiff (name of one plaintiff only): Luis Paez . seeks damages in the above-entitled action, as follows; 1. General damages AMOUNT a, CT Pain, suffering, and inconvenionce ......csesccsessssmeneeeee eestsensenn wu. $ according to proof b. [2] Emotional distress. _ § according to proof c. J Loss of consortium § d. 7] Loss of sociey and companionship (wrongful death actions only) ......... seesenen e. J other (specity) 6. (1 other (specify) g. J Continued on Attachment 1.9. 2. Special damages a Medical expenses (to date) «sss... lesen $34,579.35 b. Future medica! expenses (present value) $ according to proof c. LJ Loss of eamings (to date) . . ¢. 1] Loss of future eaming capacity (present value) oe. [2] Property damage ...... ¢. [1 Funeral expenses (wrongful death actions only) g- [1 Future contributions (present value) (wrongful death actions only) ....... h. J Value of personal service, advice, or training (wrongful death actions only) . i Other (specify) hom: g according to proof sn enonseteeetasesersasenegstet ji. [25 other (specify) sesesseee k. (J Continued on Attachment 2.k. 3, J Punitive damages: Plaintiff reserves the right fo seek punitive damages in the amount of (specify)..a $ when pursuing a judgment in the suit filed against you. Date: 06/30/2015 Broderick H. Brown {TYPE OR PRINT NAME) > be kM (SIGNATURE OF PLAINTIFF OR ATTORNEY FOR PLAINTIFF) (Proof of service on reverse) Paget of 2 Form Adapted for Use STATEMENT OF DAMAGES. Coco Ct Prods, 95 425.11, 425-196 ‘ealferaia civ.050 Saruary 1, 2007] (Personal Injury or Wrongful Death) —_.- we ol —_. — r n> CIV-050 CASE NUMBER: PLAINTIFF: Luis Paez CIV529263 DEFENDANT: Equity One Inc. and Does 1-25, Inclusive. PROOF OF SERVICE (Alter having the other party served as described below, with any of the documents Identified in item 1, have the person who served the documents complete this Proof of Service. Plaintiff cannot serve these papers.) 1. | served the a. Statement of Damages C—l other (specify): b. on (name): Equtiy One Inc., et al ¢. by serving L¥_Jdefendant LC Jother {name and title or relationship to person served): d. Coby detivery Clathome [lat business (1) date: (2) time: (3) address: e. [by mailing (1) date: June 30, 2015 ee —, {2) place:_20320 S.W. Birch St., Znd 1160r, , Newport Beach, CA 92660 2. Manner of service (check proper box): a. C) Personal service. By personally delivering copies. (CCP § 415.10) b. Substituted service on corporation, unincorporated association (including partnership), or public entity. By leaving, during usual office hours, copies in the office of the person served with the person who apparently was in charge and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left, (CCP § 415.20(a)) « CI ‘Substituted service on natural person, minor, conservatee, or candidate. By leaving copies at the dwelling house, usual place of abode, or usual place of business of the person served in the presence of a competent member of the household or a parson apparently in charge of the offtce or place of business, at least 18 years of age, who was informed of the general nature of the papers, and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP § 415.20(b)) (Attach separate declaration or affidavit stating acts relied on to establish reasonable dillgence In first attempting personal service.) ¢, J mattana acknowledgment service. By mailing (by first- class mail or airmail, postage prepaid) copies to the person served, together with two copies of the form of notice and acknowledgment and a return envelope, postage prepaid, addressed to the sender. (CCP § 415.30) (Attach completed acknowledgment of recelpt.) e Certified or registered mail service. By mailing to an address outside California (by first-class mail, postage prepaid, requiring a retum receipt) copies to the person served. (CCP § 415.40) (Attach signed return receipt or other evidence of actual delivery to the person served.) t C2) other (specify code section): additional page Is attached. 3. At the time of service I was at least 18 years of age and not a party to this action. 4, Fee for service: $ 5. Person serving: a California sheriff, marshal, or constable 1. Name, address and telephone number and, if applicable, b. c. 5 Registered California process server Employee or Independent contractor of a registered Catifomia process server county of registration and number: “4 Not a registered Callfomia process server Exempt from registration under Bus. & Prof. Code § 22350(b) | declare under penalty of perjury under the laws of the (For California sheriff, marshal, or constable use only) State of California that the foregoing is true and correct. \certify that the foregoing is true and correct. - Date: 06/30/2015 Date: > Kw >. (SIGNATURE) (SIGNATURE) (ClV-050 [Rev. January 1, 2007) PROOF OF SERVICE Cove ot Cn Procedure $5425.11. 28.8 (Statement of Damages) —-— EXHIBIT C BREMER WHYTE BROWN & O’MEARA LLP Keith G. Bremer, State Bar No. 155920 kbrem eri Alison K. Hurley, State ‘Bar No. 234042 ahurley@bremerwhyte.com Nicole |. Slattery, State Bar No. 259969 remerwhyte.com 20320 . . Birch Street Second Floor Ne rt Beach, California 92660 Telephone: (949) 221-1000 Facsimile: (949) 221-1001 Attomeys for Defendant CROWN BUILDING MAINTENANCE CO. dba ABLE BUILDING MAINTENANCE CO., and DALY CITY SERRAMONTE CENTER, LLC 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SAN MATEO 12 13 LUIS PAEZ, ) Case No. CIV 529263 14 Plaintiff, ) DALY CITY SERRAMONTE CENTER’S Vv. ) REQUEST FOR STATEMENT OF 15 ) DAMAGES EQUITY ONE, INC., and DOES 1 to 25, 2 16 Inclusive. ) Complaint Filed: June 26, 2014 17 ) Trial Date: April 18, 2016 18 AND RELATED CROSS-ACTION. ) ) 19 20 TO ALL PARTIES AND TO THEIR RESPECTIVE ATTORNEYS OF RECORD: 21 Pursuant to the provisions of Califomia Code of Civil Procedure, Section 425.11, and on behalf of Defendant DALY CITY SERRAMONTE CENTER, LLC demand is hereby made that 23 Plaintiff, LUIS PAEZ, by and through his counsel of record, provide a statement of damages as to) 24 the nature and amount thereof, including general (non-economic) damages, special (economic) 25 MM 26 Mt 27 a“ 28 “ BREMER worvTE BROWN | {20010 BW. BIRCH STREET [NEWPORT DoH, CA 92860 DALY CITY SERRAMONTE CENTER'S REQUEST FOR STATEMENT OF DAMAGES 231-1000 [] Ha3695u49wisc\Propounded - DCSC\Req Smt of Damages.docx 1 | damages, and punitive damages. within fifteen (15) days after service of this demand. 22 Dated: February 3. 2016 BREMER WHYTE BROWN & O'MEARA LLP By: (eg bs mM = Keith G. Bremer Alison K. Hurley ‘ NS 2 Nicole M. Slattery Attorneys for Defendants CROWN BUILDING MAINTENANCE CO, dba ABLE BUILDING MAINTENANCE CO.. and DALY CITY SERRAMONTE CENTER, LLC 10 i 122 13 14 1S 16 17 18 19 20 221 22 22 2 2. 3 24 25 26 27 28 DREMER were BHOVaL| 20020 ‘SECOND 5¥/ BIRCHILOOR STRECT Rr DALY CITY SERRAMONTE CENTER'S REQUEST FOR STATEMENT OF DAMAGES (49) 221-1069 1.369514 Dise\Propounded - DCSC\Req Sum of Duunages.doex go No 1 PROOF OF SERVICE 22 3 1am employed in the County of Orange, State of California. Lam over the age of 18 and nota party to the within action. My business address is 20320 S.W. Birch Street, Second Floor. 4 || Newport Beach, California 92660. = > On February 3,3 2016, I served the within document(s) described as: 6 DALY CITY SERRAMONTE CENTER'S REQUEST FOR STATEMENT OF DAMAGES 7 on the interested parties in this action as stated on the attached mailing list. (BY OVERNIGHT DELIVERY) | deposited ina box or other fi ity regularly maintained by Federal I press. an ¢: re: servic arrier, or delivered to a courier or driver authorized by said exp service carrier to reccive dacument: a true copy of the foregoing 10 document(s) in a sealed envelope or package des’ a! ted by the express serv: carrier, addressed as set forth on the attached mailing list, with fees for overnight delivery paid or 11 provided for. 12 Executed on February 3, 2016, at Newport Beach. California. 13 I declare under penalty of perjury under the laws of the Giate of Cy omnia U th foregoing is true and correct. my 14 15 Deborah Hernandez _-————_ (Type or print name) (Ss ¢) 16 17 18 19 20 21 22 a3 23 24 25 26 27 28 feck Zane atone a7 Srgtnet “EPO! ‘cx 92000 13695.14PROOF OF SERVICE doe, \. - Luis Paez v. Equity One, Inc.,et al. Case No. CIV 529263 BWB&O CLIENT: Cross-Defendant, Crown Building Maintenance Co. dba Able Building Maintenance Co. 4 BWB&O FILE NO.: 3695.149 5 SERVICE LIST 6|| Broderick H. Brown Broderick H. Brown Law Firm 7/2831 Telegraph Avenue Oakland, CA 94609 (510) 452-6300 9 (866) 417-9197 Fax 10 Email: 11 || Attorneys for Plaintiff, Luis aez 1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BREMER WHRTE BROWN 20320 SW. BIRCH STREET | [NEWPORT Boi, CA $2580 HA3695\149\PROOF OF SERVICE.docx. EXHIBIT D Deborah Hernandez LS From: Broderick Brown Sent: Friday, February 05, 2016 4:40 PM To: Nicole M. Slattery Subject: Paez v. Equity Categories: 3695.149 © Nicole, We will send you numbers for the statement of damages for whatever it is worth. Additionally, in order to compromise we will supplement any responses that need to be supplemented. Broderick This email communication may contain CONFIDENTIAL INFORMATION WHICH ALSO MAY BE LEGALLY PRIVILEGED and is intended only for the use of the intended recipients identified above. If you are not the intended recipient of this communication, you are hereby notified that any unauthorized review, use, dissemination, distribution, downloading, or copying of this communication is strictly prohibited. If you are not the intended recipient and have received this communication in error, please immediately notify us by reply email, delete the communication and destroy all copies. IRS CIRCULAR 230 DISCLOSURE To ensure compliance with requirements by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. EXHIBIT E Nicole M. Slattery From: Nicole M. Slattery Sent: Tuesday, February 16, 2016 1:10 PM To: Broderick H. Brown (broderick.brown@gmail.com); Law Office of Broderick H. Brown (broderickbrownlaw@gmail.com) Ce: Deborah Hernandez Subject: RE: Paez v. Equity 3695.149 Importance: High Categories: 3695.149 Broderick, I still have not received a response to my email below, following up on a letter from the previous week. We also have not yet received plaintiff's statement of damages. Please advise when we will receive the statement of damages, and whether you are authorized to accept service for Julie and Nicholas Paez. Nicole M. Slattery Bremer Whyte Brown & O'Meara, LLP 20320 S.W. Birch Street 2nd Floor Newport Beach, CA 92660 949.221.1000 949.221.1001 fax www.bremerwhyte.com BREMER WHYTE BREMER WHYTE BROWN & O'MEARA LLP DEVELOPING SOLUTIONS TO MEET YOUR GOALS www. bremerwhyte.com Newport Beach « Las Vegas * Los Angeles * San Diego Berkeley ¢ Phoenix ¢ Denver « Riverside »* Reno From: Nicole M. Slattery Sent: Friday, February 12, 2016 9:41 AM To: Broderick H. Brown mail.com Cc: Deborah Hernandez Subject: Paez v. Equity 3695.149 Hi Broderick, I sent you the attached letter last week, asking you to confirm whether you are authorized to accept service of deposition subpoenas on behalf of Plaintiff's wife and son. | have not yet received a response, Alternatively, if you do not plan to call them at trial, please let me know. I would appreciate a response before the end of the day today, so that we do not incur unnecessary costs to personally serve Julie and Nicholas Paez. Sincerely, Nicole M. Slattery - Bremer Whyte Brown & O'Meara, LLP 20320 S.W. Birch Street 2nd Floor Newport Beach, CA 92660 949.221.1000 949.221.1001 fax www.bremerwhyte.com BREMER WHYTE BREMER WHYTE BROWN & O’MEARA LLP DEVELOPING SOLUTIONS TO MEET YOUR GOALS wrew.bremerwhyte.com. Newport Beach » Las Vegas » Los Angeles * San Diego Berkeley + Phoenix » Denver Riverside * Reno EXHIBIT F x Deborah Hernandez LE From: Nicole M. Slattery Sent: Thursday, February 25, 2016 3:58 PM To: "Broderick Brown’ Cc: Alison Hurley Subject: RE: Paez - Meet and Confer regarding Notice of PMK for both defendants Categories: 3695.149 Broderick, Our objections stand as stated, however we will be appearing with deponents responsive to your PMK notices next week. I have yet to receive responses to our previously served supplemental discovery requests or request for statement of damages, which are now long overdue. We have met and conferred with you on this several times already, and you confirmed you would serve responses and a statement of damages, yet we still have not received them. Please be advised that if we do not receive them before the close of business on Wednesday, March 2, we will be filing a motion to compel the responses, which will include a request for sanctions. We also have not received any response to our 998 Offer. | believe Plaintiff's deadline to accept is March |. Thanks, Nicole M. Slattery Bremer Whyte Brown & O'Meara, LLP 20320 S.W. Birch Street 2nd Floor Newport Beach, CA 92660 949.221.1000 949.221.1001 fax www.bremerwhyte.com BREMER WHYTE BREMER WHYTE BROWN & O’MEARA LLP DEVELOPING SOLUTIONS TO MEET YOUR GOALS www.bremerwhyte.com Newport Beach * Las Vegas » Los Angeles * San Diego Berkeley « Phoenix « Denver ¢ Riverside « Reno From: Broderick Brown ilto: Sent: Thursday, February 25, 2016 3:51 PM To: Nicole M. Slattery Subject: Paez - Meet and Confer regarding Notice of PMK for both defendants Nicole, I am in receipt regarding your objections to the entirety of both notices of the PMK depositions of Crown Building Maintenance and Daly City Serramonte Center. 1 I want to confirm that your clients will provide a person most knowledge for each category within their respective notices, Please confirm prior to 10 am tomorrow. broderick - This email communication may contain CONFIDENTIAL INFORMATION WHICH ALSO MAY BE LEGALLY PRIVILEGED and is intended only for the use of the intended recipients identified above. If you are not the intended recipient of this communication, you are hereby notified that any unauthorized review, use, dissemination, distribution, downloading, or copying of this communication is strictly prohibited. If you are not the intended recipient and have received this communication in error, please immediately notify us by reply email, delete the communication and destroy all copies. IRS CIRCULAR 230 DISCLOSURE To ensure compliance with requirements by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. 1 PROOF OF SERVICE > 2 3 I am employed in the County of Orange, State of California. 1 am over the age of 18 and nota party to the within action. My business address is 20320 S.W. Birch Street, Second Floor, 4 || Newport Beach, California 92660. < 2 On March 4, 2016, I served the within document(s) described as: 6 DECLARATION OF NICOLE M. SLATTERY IN SUPPORT OF DALY CITY SERRAMONTE CENTER, LL S MOTION TO (1) COMPEL RESPONSES TO ITS 7 REQUEST FOR STATEMENT OF DAMAGES FROM PLAINTIFF AND (2) REQUEST FOR MONETARY SANCTIONS. 8 on the interested parties in this action as stated on the attached mailing list. 9 (BY MAIL) By placing a true copy of the foregoing document(s) in a sealed envelope 10 addressed as set forth on the attached mailing list. 1 placed each such enyelope for collection and mailing following ordinary business practices. | am readily familiar with this 1 Kirm's practice for collection and processing of correspondence for mailing. Under that practice. the correspondence would be deposited with the United States Postal Service on 122 that same day, with postage thereon fully prepaid at Newport Beach, California, in the ordinary course of business. ] am aware that on motion of the party served, service is 4 13 presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 14 = Executed on March 4, 2016, at Newport Beach, California. 15 I declare under penalty of perjury under the laws of the State alifo: fo the ( 16 foregoing is true and correct. 17 —/ Deborah Hernandez 18 (Type or print name) Y Yoh 19 20 21 22 23 24 25 26