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Keith Gillette (SBN 191082)
BULLIVANT HOUSER BAILEY PC = |
101 Montgomery Street, Suite 2600
San Francisco, CA 94104-4146
Telephone: 415.352.2700
Facsimile: 415.352.2701
FILED
E-mail: keith.gillette@bullivant.com SAR MATEO COUNTY
“APR £ 6 2019
Attorneys for Defendants
AMERIGAS PROPANE, L.P.; AMERIGAS 5 ==
los 3
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PROPANE, INC.; and AMERIGAS, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
10
11 [BRICEIDA LOPEZ, an individual, JOSE Case No.: 18CIV01696
SOLIS, an individual,
12 DECLARATION OF KEITH GILLETTE IN
Plaintiffs, SUPPORT OF DEFENDANTS’ AMERIGAS
13 PROPANE, L.P., AMERIGAS
Vv.
PROPANE, INC., AND AMERIGAS, INC.,
14
PAUL BONIFACIO, an individual; MOTION FOR AN EXTENSION OF TIME
15 IMARGARET HYUN, an individual; TO RESPOND TO PLAINTIFF’S
IAMERIGAS PROPANE, INC., a corporation; DISCOVERY REQUESTS
16 AMERIGAS, INC., a corporation; and DOES
ONE through ONE-HUNDRED, inclusive, Filed Concurrently with Notice of Motion and
17 Memorandum of. Points and Authorities
Defendants.
13% 2019
4
18
DATE:
19 TIME: 9:00 a.m.
DEPT: Law & Motion
20 COMPLAINT: April 6, 2018
TRIAL: November 18, 2019
21
22 I, Keith Gillette, declare as follows:
23 1 I am an attorney duly admitted to practice before this Court and all courts in the
24 State of California. I am a shareholder with Bullivant Houser Bailey PC, attorneys of record for
25 Defendants AMERIGAS PROPANE, L.P., AMERIGAS PROPANE, INC., and
26 AMERIGAS, INC. (collectively, “AmeriGas”). Except as to matters stated on information and
27 belief, I have personal knowledge of the facts set forth herein, and if called as a witness, I could
28 competently testify thereto. As to matters stated on information and belief, I have good faith,
4842-7155-0356.1 36942/00009 -1-
DECLARATION OF KEITH GILLETTE IN SUPPORT OF DEFENDANTS’ MOTION FOR AN EXTENSION
OF TIME TO RESPOND TO PLAINTIFF’S DISCOVERY REQUESTS
fact-based reasons for believing them to be true. I make this declaration in support of
AmeriGas’ Motion for an Extension of Time to Respond to Plaintiff's Discovery Requests.
2 On March 13, 2019, I received service via email of the following discovery
requests from plaintiff Briceida Lopez: 32 Form Interrogatories (Set One), 19 Special
Interrogatories (Set One), 51 Requests for Production of Documents and Things (Set One), and
46 Requests for Admission (Set One) directed towards AMERIGAS PROPANE, INC.; 32 Form
Interrogatories (Set One), 19 Special Interrogatories (Set One), 49 Requests for Production of
Documents and Things (Set One),! and 46 Requests for Admission directed towards
AMERIGAS, INC.; and 2 Form Interrogatories (Set Two) and 46 Requests for Admission
10 directed towards AMERIGAS PROPANE, L.P. (Set One) (collectively, “Lopez’s Discovery
11 Requests”). True and correct copies of these discovery requests are attached hereto as
12 EXHIBITS A through J.
13 3 Prior to March 13, 2019, I had multiple conversations with Matthew D. Davis,
14 counsel for Lopez, where I explained that the only relevant AmeriGas entity to this litigation is
15 AMERIGAS PROPANE, L.P. and that AMERIGAS PROPANE, INC. and AMERIGAS, INC.
16 have nothing to do with this litigation.
17 4. Since service of Lopez’s Discovery Requests, I have worked diligently with
18 AmeriGas to gather information and documents that are relevant and responsive to Lopez’s
19 Discovery Requests.
20 5 Given the voluminous nature of Lopez’s Discovery Requests and the availability
21 of the AmeriGas representatives in possession of the information and documents requested by
22 the discovery requests, AmeriGas needs time beyond April 16, 2019 to respond to the discovery
23 requests.
24 6 On April 10, 2019, I called Matthew D. Davis, counsel for Lopez, seeking an
25 extension of two weeks, until April 30, 2019, to respond to Lopez’s Discovery Requests. I
26 explained to Mr. Davis that AmeriGas needs additional time given the voluminous nature of the
27
| Page 11 of Lopez’s Requests for Production of Documents and Things to AmeriGas, Inc. is missing and J suspect
28 that the total number of requests contained therein is also 51.
4842-7155-0356.1 36942/00009 -2-
DECLARATION OF KEITH GILLETTE IN SUPPORT OF DEFENDANTS’ MOTION FOR AN EXTENSION
OF TIME TO RESPOND TO PLAINTIF} 'F’S DISCOVERY REQUESTS
discovery requests and the availability of the AmeriGas representatives in possession of the
requested information and documents. In our conversation I explained that the overwhelming
snow fall in the high Sierras has impacted my ability to communicate with and obtain
information from my client representatives.
7 Mr. Davis rejected my request and refused to provide AmeriGas any additional
time to respond to the discovery requests.
8 Mr. Davis’s refusal to this request, and our good faith efforts to avoid law and
motion, are also reflected in emails between Mr. Davis and myself on April 10, 2019. A true and
correct copy of this exchange is attached hereto as EXHIBIT K.
10 9 Ihave filed AmeriGas’ Motion for an Extension of Time to Respond to
ll Plaintiffs: Discovery Requests in good faith and not for any dilatory purpose.
12 I declare under penalty of perjury under the laws of the State of California that the
13 foregoing is true and correct.
14 Executed on April 15, 2019, at San Francisco, Califprnia.
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4842-7155-0356.1 36942/00009 ~3-
DECLARATION OF KEITH GILLETTE IN SUPPORT OF DEFENDANTS’ MOTION FOR AN EXTENSION
OF TIME TO RESPOND TO PLAINTIFF’S DISCOVERY REQUESTS
a
~ DISC-001
’ "ATTORNEY
OR PARTY WITHOUT ATTORNEY (Name, Sta” “
|- Matthew D. Davis/Spencer J. Pahike2"(141986/2509 14)
Walkup, Melodia, Kelly & Schoenberger
650 California Street, 26th Floor
San Francisco, CA 94108-2615
teueponeno: (415) 981-7210
FAX NO. (Optonal): al 5) 391-6965
‘E-MAIL ADDRESS (Optional)
ATTORNEY FOR (Namo):
wemey Plainti fs Briceida Lopez, et al.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo
Hall of Justice & Records
SHORT TITLE OF CASE:
Lopez v. Bonifacio
FORM INTERROGATORIES-GENERAL ‘CASE NUMBER:
Asking Party: Plaintiff Briceida Lopez 18CIV01696
Answering Party: Defendant Amerigas Propane, Inc.
Set No.:
Sec. 1. Instructions to All Parties (©) Each answer must be as complete and straightforward
(a) Interrogatories are written questions prepared by a party as the information reasonably available to you, including the
to an action that are sent to any other party in the action to be information possessed by your attomeys or agents, permits. If
answered under oath. The interrogatories below are form an interrogatory cannot be answered completely, answer it to
interrogatories approved for use in civil cases. the extent possible.
(b) For time limitations, requirements for service on other (@) Ifyou do not have enough personal knowledge to fully
parties, and other details, see Code of Civil Procedure answer an interrogatory, say so, but make a reasonable and
sections 2030.010-2030.410 and the cases construing those good faith effort to get the information by asking other persons
sections. of organizations, unless the information is equally available to
(c) These form interrogatories
do not change existing law the asking party.
relating to interrogatories nor do they affect an answering (e) Whenever an interrogatory may be answered by
party's right to assert any privilege or make any objection. referring to a document, the document may be attached as an
Sec, 2. Instructions to the Asking Party exhibit to the response and referred to in the response. If the
{@) These interrogatories are designed for optional use by document has more than one page, refer to the page and
parties in unlimited civil cases where the amount demanded section where the answer to the interrogatory can be found.
exceeds $25,000. Separate interrogatories, Form (f) Whenever an address and telephone number for the
interrogatories - Limited Civil Cases (Economic Litigation) same person are requested in more than one interrogatory,
(form DISC-004), which have no subparts, are designed for you are required to furnish them in answering only the first
use in limited civil cases where the amount demanded is interrogatory asking for that information.
$25,000 or less; however, those interrogatories may also be (g) ifyou are asserting a privilege or making an objection to
used in unlimited civil cases. an interrogatory, you must specifically assert the privilege or
(0) Check the box next to each interrogatory that you want state the objection in your written response.
the answering party to answer. Use care in choosing
those (bh) Your answers to these interrogatories must be verified,
interrogatories that are applicable to the case. dated, and signed. You may wish to use the following form at
{c) You may insert your own definition of INCIDENT in the end of your answers:
Section 4, but only where the action arises from a course of I declare under penalty of perjury under the laws of the
conduct or a series of events occurring over a period of time. State of Califomia that the foregoing answers are true and
(a) The interrogatories in section 16.0, Defendant's correct.
Contentions-Personal Injury, shoutd not be used until the
defendant has had a reasonable opportunity to conduct an (ATED (SIGNATURE)
investigation or discovery of plaintiff's injuries and damages
Sec, 4, Definitions
(e) Additional interrogatories may be attached,
Words in BOLDFACE CAPITALS in these interrogatories
Sec, 3. Instructions to the Answering Party
are defined as follows:
(a) An answer or other appropriate response must be
given. to each interrogatory checked by the asking party. (a) (Check one of the following):
(e) As ageneral rule, within 30 days after you are served (2.1) INCIDENT includes the circumstances and
with these interrogatories, you must serve your responses on events surrounding the alleged accident, injury, or
the asking party and serve copies of your responses on ail other occurrence or breach of contract giving rise to
other parties to the action who have appeared. See Code of this actionor proceeding.
Civil Procedure sections 2030.260-2030.270 for details.
ofa
Sa
SFR
INTERROGATORIES - GENERAL srr
85 2030.01
.c2.g0V
ae CEB | Stormer Lopez-14050
6 DISC-001
> 2 @) INCIDENT means (insert your de). .../3n here or 4.0 Identity
of Persor _ -\wwering These interrogatories
on a separate, attached sheet labeled “Sec. (X] 1.1. State the name, ADDRESS, telephone number, and
4(a(2)"): relationship to you of each PERSON who prepared or
assisted in the preparation of the responses to these
interrogatories. (Do not identify anyone who simply typed or
reproduced the responses.)
2.0 General Background Information - individual
(b) YOU OR ANYONE ACTING ON YOUR BEHALF (2) 2.1 State:
includes you, your agents, your employees, your insurance
(a) your name;
companies, their agents, their employees, your attomeys, your (b) every name you have used in the past; and
accountants, your investigators, and anyone else acting on (c) the dates you used each name.
your behalf.
(Cc) PERSON includes a natural person, firm, association, (CC) 2.2 State the date and placeof your birth.
organization, partnership, business, trust, limited liability (CC) 2.3 Atthe time of the INCIDENT, did you have a drivers
company, corporation, or public entity.
license? If so state:
(d) DOCUMENT means a writing, as defined in Evidence
(a) the state or other issuing entity;
Coda section 250, and includes the original or a copy of
{b) the license number and type;
handwriting, typewriting, printing, photostats, photographs, {c) the date of issuance; and
electronically stored information, and every other means of
(d) all restrictions.
recording upon any tangible thing and form of communicating
(CC) 2.4 At the time of the INCIDENT, did you have any other
or representation, including letters, words, pictures, sounds, or
permit or license for the operation of a motor vehicle? If so,
symbols, of combinations of them.
state:
(e) HEALTH CARE PROVIDER includes any PERSON
referred to in Code of Civil Procedure section 667.7(e)(3). (a) the state or other issuing entity;
(ff) ADDRESS means the street address, including the city, (b) the license number and type;
stale, and zip code, {c) the date of issuance; and
(9) all restrictions.
See, 5. Interrogatories C25 State:
The following interrogatories have been approved by the
Judicial Council under Code of Civil Procedure section 2033,710: (a) your present residence ADDRESS;
(b) your residence ADDRESSES for the past five years; and
CONTENTS ©) the dates you lived at each ADDRESS,
1.0 Identity of Persons Answering These Interrogatories
O26 State:
2.0 General Background Information - Individual
3.0 General Background Information - Business Entity (a) the name, ADDRESS, and telephone number of your
present employer or place of self-employment; and
4.0 Insurance
5.0 [Reserved] (b) the name, ADDRESS, dates of employment, job title,
and nature of work for each employer or
6.0 Physical, Mental, or Emotional Injuries
‘self-employment you have had from five years before
7.0 Property Damage
the INCIDENT until today.
8.0 Loss of Income or Eaming Capacity
9.0 Other Damages Cj 27 State:
10.0 Medical History @) the name and ADDRESS of each school or other
11.0 Other Claims and Previous Claims academic or vocational institution you have attended,
12.0 Investigation - General beginning with high schoot;
13.0 Investigation - Surveillance (b) the dates you attended;
14.0 Statutory or Regulatory Violations ) the highest grade level you have completed; and
15.0 Denials and Special or Affirmative Defenses (a) the degrees received.
16.0 Defendant's Contentions Personal Injury
17.0 Responses to Request for Admissions
Cj 28 Have you ever been convicted
of a felony? If so, for
18.0 [Reserved]
each conviction state:
19.0 [Reserved] {a) the city and state where you were convicted;
20.0 How the incident Occurred - Motor Vehicle (b) the date of conviction;
{c) the offense; and
25.0 {Reserved}
30.0 /Reserved] d) the court and case number.
40.0 [Reserved] Cl 29 Can you speak English with ease? If not, what
§0.0 Contract language and dialect do you normally use?
60.0 [Reserved]
C2 2.10Can you read and write English with ease? If not, what
70.0 Unlawful Detainer {See separate form DISC-003]
language and dialect do you normally use?
101.0 Economic Litigation (See separate form DiSC-004]
200,0 Employment Law [See separate form DISC-002}
Sr
DISC-001 [Rev. January 1, 2008) GB} Gee
Essential «FORM INTERROGATORIES - GENERAL saan
Page 2.018
§\Forms- Lopez, Briceida-14050
DISC-001
(2.11 tthe time of the INCIDENT were you acting as an i) 34 Are you a jofi“2nture? If so, state:
agent or employee for any PERSON? if so, state: (a) the current joint venture name;
(a) the name, ADDRESS, and telephone number of that ) all other names used by the joint venture during the
PERSON; and past 10 years and the dates each was used;
(b) a description of your dutles. © the name and ADDRESS of each Joint venture; and
@ the ADDRESS of the principal place of business.
(CD 2.12 At the time of the INCIDENT did you or any other
person have any physical, emotional, or mental disability or (QQ 3.5 Are you an unincorporated association?
condition that may have contributed to the occurrence of the Ifso, state:
INCIDENT? If so, for each person state: @) the current unincorporated association name;
(a) the name, ADDRESS, and telephone number, (b) all other names used by the unincorporated association
(b) the nature of the disability or condition; and uring the past 10 Years and the dates each was used;
(c)_ the manner in which the disability or condition
contributed to the occurrence of the INCIDENT. © the ADDRESS of the principal place of business.
(Co) 2.13 Within 24 hours before the INCIDENT did you or any 36 Have you done business under a fictitious name during
person involved in the INCIDENT use or take any of the the past 10 years? If so, for each fictitious name state:
following substances: alcoholic beverage, marijuana, or {a)_ the name;
other drug or medication of any kind (prescription or not)? If (b) the dates each was used;
80, for each person state: (©) the state and county of each fictitious name filing; and
(a) the name, ADDRESS, and telephone number; (d) the ADDRESS of the principal place of business.
(b) the nature or description of each substance;
©) the quantity of each substance used or taken; (&) 3.7 Within the past five years has any public entity regis-
@ the date and time of day when each substance was used tered or licensed your business? If so, for each license or
or taken; registration:
@) the ADDRESS where each substance was used or (a) identify the license or registration;
taken; (b) state the name of the public entity; and
® the name, ADDRESS, and telephone number of each (c) state the dates of issuance and expiration.
person who was present when each substance was used
4.0 Insurance
or taken; and
(QQ 4.1 At the time of the INCIDENT, was there in effect any
() the name, ADDRESS, and telephone number of any
Policy of insurance through which you were or might be
HEALTH CARE PROVIDER who prescribed or furnished
insured in any manner (for example, primary, pro-rata, or
the substance and the condition for which it was
excess liability coverage or medical expense coverage) for
prescribed or fumished.
the damages, claims, or actions that have arisen out of the
3.0 General Background Information - Business Entity INCIDENT? If so, for each policy state:
31 Are you a corporation? If so, state: (a) the kind of coverage;
(a) the name stated in the current articles of incorporation; (b) the name and ADDRESS of the insurance company;
(b) all other names used by the corporation during the past © the name, ADDRESS, and telephone number of each
10 years and the dates each was used; named insured;
© the date and place of incorporation; (d) the policy number;
(@ the ADDRESS of the principal place of business; and (e) the limits of coverage for each type of coverage con-
) whether you are qualified to do business in California. tained in the policy;
(i) 32 Are you a partnership? If so, state: 0 whether any reservation of rights or controversy or
coverage dispute exists between you and the insurance
(a) the current partnership name; company; and
() all other names used by the partnership during the past () the name, ADDRESS, and telephone number of the
10 years and the dates each was used;
custodian of the policy.
©) whether you are a limited partnership and, if so, under
42 Are you self-insured under any statute for the damages,
the laws of what jurisdiction; claims, or actions that have arisen out of the INCIDENT? If
() the name and ADDRESS of each general partner; and
‘80, specify the statute.
e) the ADDRESS of the principal place of business.
5.0 [Reserved]
C33 Are you a limited liability company? If so, state:
(a) the name stated in the current articles of organization; 6.0 Physical, Mental, or Emotional Injuries
(b) all other names used by the company during the past 10 (2) 6.1 Do you attribute any physical, mental, or emotional
years and the date each was used;
injuries to the INCIDENT? (if your answer is “no,” do not
() the date and place of filing of the articles of organization;
answer interrogatories 6.2 through 6.7).
(a) the ADDRESS of the principal place of business; and
(e) whether you are qualified to do business in Califomia. C3 6.2 Identity each injury you attribute to the INCIDENT and
the area of your body affected.
DISC-0T [Rav. January
7, 2008) Page sere
FORM INTERROGATORIES - GENERAL Lopez, Briceida-14050
GB | eens
~ DISC-001
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(2 63 Do yeu still have any complaints 2... you attribute to (0) state the an: tof damage you are claiming for each
the INCIDENT? If so, for each complaint state: item of property and how the amount was calculated; and
(a) a description; (d) if the property was sold, state the name, ADDRESS, and
{b) whether the complaint is subsiding, remaining the same, telephone number of the seller, the date of sale, and the
or becoming worse; and sale price.
(c)_ the frequency and duration. C2 7.2 Has a written estimate or evaluation been made for any
(CQ) 6.4 Did you receive any consultation or examination item of property referred to in your answer to the preceding
{except from expert witnesses covered by Code of Civil interrogatory? If so, for each estimate or evaluation state:
Procedure sections 2034,210-2034.310) or treatment from a @) the name, ADDRESS, and telephone number of the
HEALTH CARE PROVIDER for any injury you attribute to PERSON who prepared it and the date prepared;
the INCIDENT? If so, for each HEALTH CARE PROVIDER (o) the name, ADDRESS, and telephone number
of each
state: PERSON who has a copy of it; and
(a) the name, ADDRESS, and telephone number, © the amount of damage stated.
(b) the type of consultation, examination, or treatment Ci73 Has any item of property referred to in your answer to
provided; interrogatory 7.1 been repaired? If so, for each item state:
() the dates you received consultation, examination, or (a) the date repaired;
treatment; and
(b) a descriptionof the repair;
@) the charges to date. ©) the repair cost;
OCl6s Have you taken any medication, prescribed or not, as a () the name, ADDRESS, and telephone number of the
result of injuries that you attribute fo the INCIDENT? If so, PERSON who repaired it;
for each medication state: ) the name, ADDRESS, and telephone number of the
(a) the name; PERSON who paid for the repair.
(b) the PERSON who prescribed or furnished it;
8.0 Loss of Income or Earning Capacity
© the date it was prescribed or furnished;
(2) 8.1 Do you attribute any loss of income or eaming capacity
@ the dates you began and stopped taking it; and
to the INCIDENT? (If your answer is “no,” do not answer
(e) the cost to date. interrogatories 8.2 through 8.8).
Oli6s Are there any other medical services necessitated by
CD 82 State:
the Injuries that you attribute to the INCIDENT that were not
(a) the nature of your work;
previously listed (for example, ambulance, nursing,
(6) your job title at the time of the INCIDENT; and
prosthetics)? If so, for each service state:
(c)_ the date your employment began.
(a) the nature;
(b) the date; () 83 State the last date before the INCIDENT that you
(©) the cost; and worked for compensation.
@ the name, ADDRESS, and telephone number
(CC) 84 State your monthly income at the time of the INCIDENT
of each provider. and how the amount was calculated.
OCli67 Has any HEALTH CARE PROVIDER advised that you
may require future or additional treatment for any injuries CC) 8.5 State
the date you returned to work at each place of
that you attribute to the INCIDENT? If so, for each injury employment following the INCIDENT.
state:
(CQ 8.6 State the dates you did not work and for which
you lost
(a) the name and ADDRESS of each HEALTH CARE income as a result of the INCIDENT,
PROVIDER;
(b) the complaints for which the treatment was advised; and (CJ 8.7 State the total income you have lost to date as a result
©) the nature, duration, and estimated cost of the of the INCIDENT and how the amount was calculated.
treatment.
(CQ 8.8 Will you lose income in the future as a result of the
7.0 Property Damage INCIDENT? If so, state:
(C2) 7.1 Do you attribute
any loss of or damage to a vehicle or (a) the facts upon which you base this contention;
other property to the INCIDENT? If so, for each item of (b) an estimate of the amount;
property: (©) anestimate of how long you will be unable to work; and
(a) describe the property; (d) how the claim for future income is calculated.
(b) describe the nature and location of the damage to the
property;
BISG-001 Rov. January
1, 2008) Pago 48
FORM INTERROGATORIES - GENERAL
cB
aban |Seorme
Forms: Lopez, Briceida-14050
~ - ‘ DISC-001
9.0 Other Damages () the court, n Sof the parties, and case number of any
(2 9.1 Are there any other damages that you attribute to the action filed;
INCIDENT?If so, for each item of damage state: {d) the name, ADDRESS, and telephone number of any
(a) the nature; attomey representing you;
(b) the date it occurred; e) whether the claim or action has been resolved or is
{e) the amount; and pending; and
(a) the name, ADDRESS, and telephone number of each 0 a description of the Injury.
PERSON to whom an obligation was incurred. C) 11.2 In the past 10 years have you made a written claim or
(2 9.2 Do any DOCUMENTS support the existence or amount demand for workers' compensation benefits? If so, for each
of any item of damages claimed in interrogatory 9.17 If so, claim or demand state:
describe each document and state the name, ADDRESS, (a) the date, time, and place of the INCIDENT giving rise to
and telephone number of the PERSON who has each the claim;
DOCUMENT. (b) the name, ADDRESS, and telephone number of your
employer at the time of the injury;
10.0 Medical History
(2) 10.1 At any time before the INCIDENT did you have com-
© the name, ADDRESS, and telephone number of the
workers’ compensation insurer and the claim number,
plaints or injuries that involved the same part of your body
claimed to have been injured In the INCIDENT? If so, for
@ the period of time during which you received workers’
compensation benefits;
each state:
(a) adescription of the complaint or injury;
(e) a description of the injury;
{b) the dates it began and ended; and
0 the name, ADDRESS, and telephone number of any
HEALTH CARE PROVIDER who provided services; and
(c) the name, ADDRESS, and telephone number of each
HEALTH CARE PROVIDER whom you consulted or @ the case number at the Workers’ Compensation Appeals
Board.
who examined or treated you.
12.0 Investigation-General
(C) 10.2 List all physical, mental, and emotional disabilities you [QQ 12.1 State the name, ADDRESS, and telephone number of
had Immediately before the INCIDENT. (You may omit
each individual:
mental or emotional disabilities unless you attribute any
(a) who witnessed the INCIDENT or the events occurring
imental or emotional injury to the INCIDENT.) immediately before or after the INCIDENT;
(CQ 10.3 At any time after the INCIDENT, did you sustain (b) who made any statement at the scene of the INCIDENT;
injuries of the kind for which you are now claiming © who heard any statements made about the INCIDENT by
damages? If so, for each incident giving rise to an injury any individual at the scene; and
state: @) who YOU OR ANYONE ACTING ON YOUR BEHALF
() the date and the place it occurred; claim has knowledge of the INCIDENT (except for
() the name, ADDRESS, and telephone number of any expert witnesses covered by Code of Civil Procedure
other PERSON involved; section 2034).
() the nature of any Injuries you sustained;
[QJ 12.2 Have YOU OR ANYONE ACTING ON YOUR
@) the name, ADDRESS, and telephone number of each
BEHALF interviewed any individual concerning the
HEALTH CARE PROVIDER who you consulted or who
INCIDENT? If so, for each individual state:
examined or treated you; and
(a) the name, ADDRESS, and telephone number of the
e) the nature of the treatment and its duration. individual interviewed;
11.0 Other Claims and Previous Claims (b) the date of the interview; and
(C) 11.1. Except
for this action, in the past 10 years have you (c) the name, ADDRESS, and telephone number of the
filed an action or made a written claim or demand for PERSON who conducted the interview.
compensation for your personal injuries? If so, for each
(&) 12.3 Have YOU OR ANYONE ACTING ON YOUR
action, claim, or demand state:
BEHALF obtained a written or recorded statement from any
(a) the date, time, and place and location (closest street
individual concerning the INCIDENT? If so, for each
ADDRESS or intersection) of the INCIDENT giving rise
Statement state:
fo the action, claim, or demand;
(b) the name, ADDRESS, and telephone number of each
@ the name, ADDRESS, and telephone number of the
individual from whom the statement was obtained;
PERSON against whom the claim or demand was made
or the action filed; (o) the name, ADDRESS, and telephone number of the
individual who obtained the statement;
© the date the statement was obtained; and
@) the name, ADDRESS, and telephone number of each
PERSON who has the original statement or a copy.
DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES - GENERAL Pogo
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DISC-001
. (QD 12.4D0 YOU OR ANYONE ACTING & . “pur BEHALF (EB 13.2 Has
a wit port been prepared on the
know of any photographs, films, or videotapes depicting any surveillance? If so, for each written report state:
place, object, or individual conceming the INCIDENT or @) the title;
plaintiff's injuries? If so, state: (b) the date;
(a) the number of photographs or feet of film or videotape; ©) the name, ADDRESS, and telephone number of the
(b) the places, objects, or persons photographed, filmed, or individual who prepared the report; and
videotaped; @ the name, ADDRESS, and telephone number of each
PERSON who has the original or a copy.
© the date the photographs, films, or videotapes were
taken; 14.0 Statutory or Regulatory Violations
[) 14.1 Do YOU OR ANYONE ACTING ON YOUR BEHALF
@ the name, ADDRESS, and telephone number of the
individual taking the photographs, films, or videotapes; contend that any PERSON involved in the INCIDENT
and violated any statute, ordinance, or regulation and that the
() the name, ADDRESS, and telephone number of each violation was a legal (proximate) cause of the INCIDENT? If
PERSON who has the original or a copy of the 0, identify the name, ADDRESS, and telephone number of
photographs, films, or videotapes
Preview
n\P ‘ Keith Gillette (SBN 191082) BULLIVANT HOUSER BAILEY PC = | 101 Montgomery Street, Suite 2600 San Francisco, CA 94104-4146 Telephone: 415.352.2700 Facsimile: 415.352.2701 FILED E-mail: keith.gillette@bullivant.com SAR MATEO COUNTY “APR £ 6 2019 Attorneys for Defendants AMERIGAS PROPANE, L.P.; AMERIGAS 5 == los 3 ag R2aae a apo con PROPANE, INC.; and AMERIGAS, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 10 11 [BRICEIDA LOPEZ, an individual, JOSE Case No.: 18CIV01696 SOLIS, an individual, 12 DECLARATION OF KEITH GILLETTE IN Plaintiffs, SUPPORT OF DEFENDANTS’ AMERIGAS 13 PROPANE, L.P., AMERIGAS Vv. PROPANE, INC., AND AMERIGAS, INC., 14 PAUL BONIFACIO, an individual; MOTION FOR AN EXTENSION OF TIME 15 IMARGARET HYUN, an individual; TO RESPOND TO PLAINTIFF’S IAMERIGAS PROPANE, INC., a corporation; DISCOVERY REQUESTS 16 AMERIGAS, INC., a corporation; and DOES ONE through ONE-HUNDRED, inclusive, Filed Concurrently with Notice of Motion and 17 Memorandum of. Points and Authorities Defendants. 13% 2019 4 18 DATE: 19 TIME: 9:00 a.m. DEPT: Law & Motion 20 COMPLAINT: April 6, 2018 TRIAL: November 18, 2019 21 22 I, Keith Gillette, declare as follows: 23 1 I am an attorney duly admitted to practice before this Court and all courts in the 24 State of California. I am a shareholder with Bullivant Houser Bailey PC, attorneys of record for 25 Defendants AMERIGAS PROPANE, L.P., AMERIGAS PROPANE, INC., and 26 AMERIGAS, INC. (collectively, “AmeriGas”). Except as to matters stated on information and 27 belief, I have personal knowledge of the facts set forth herein, and if called as a witness, I could 28 competently testify thereto. As to matters stated on information and belief, I have good faith, 4842-7155-0356.1 36942/00009 -1- DECLARATION OF KEITH GILLETTE IN SUPPORT OF DEFENDANTS’ MOTION FOR AN EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S DISCOVERY REQUESTS fact-based reasons for believing them to be true. I make this declaration in support of AmeriGas’ Motion for an Extension of Time to Respond to Plaintiff's Discovery Requests. 2 On March 13, 2019, I received service via email of the following discovery requests from plaintiff Briceida Lopez: 32 Form Interrogatories (Set One), 19 Special Interrogatories (Set One), 51 Requests for Production of Documents and Things (Set One), and 46 Requests for Admission (Set One) directed towards AMERIGAS PROPANE, INC.; 32 Form Interrogatories (Set One), 19 Special Interrogatories (Set One), 49 Requests for Production of Documents and Things (Set One),! and 46 Requests for Admission directed towards AMERIGAS, INC.; and 2 Form Interrogatories (Set Two) and 46 Requests for Admission 10 directed towards AMERIGAS PROPANE, L.P. (Set One) (collectively, “Lopez’s Discovery 11 Requests”). True and correct copies of these discovery requests are attached hereto as 12 EXHIBITS A through J. 13 3 Prior to March 13, 2019, I had multiple conversations with Matthew D. Davis, 14 counsel for Lopez, where I explained that the only relevant AmeriGas entity to this litigation is 15 AMERIGAS PROPANE, L.P. and that AMERIGAS PROPANE, INC. and AMERIGAS, INC. 16 have nothing to do with this litigation. 17 4. Since service of Lopez’s Discovery Requests, I have worked diligently with 18 AmeriGas to gather information and documents that are relevant and responsive to Lopez’s 19 Discovery Requests. 20 5 Given the voluminous nature of Lopez’s Discovery Requests and the availability 21 of the AmeriGas representatives in possession of the information and documents requested by 22 the discovery requests, AmeriGas needs time beyond April 16, 2019 to respond to the discovery 23 requests. 24 6 On April 10, 2019, I called Matthew D. Davis, counsel for Lopez, seeking an 25 extension of two weeks, until April 30, 2019, to respond to Lopez’s Discovery Requests. I 26 explained to Mr. Davis that AmeriGas needs additional time given the voluminous nature of the 27 | Page 11 of Lopez’s Requests for Production of Documents and Things to AmeriGas, Inc. is missing and J suspect 28 that the total number of requests contained therein is also 51. 4842-7155-0356.1 36942/00009 -2- DECLARATION OF KEITH GILLETTE IN SUPPORT OF DEFENDANTS’ MOTION FOR AN EXTENSION OF TIME TO RESPOND TO PLAINTIF} 'F’S DISCOVERY REQUESTS discovery requests and the availability of the AmeriGas representatives in possession of the requested information and documents. In our conversation I explained that the overwhelming snow fall in the high Sierras has impacted my ability to communicate with and obtain information from my client representatives. 7 Mr. Davis rejected my request and refused to provide AmeriGas any additional time to respond to the discovery requests. 8 Mr. Davis’s refusal to this request, and our good faith efforts to avoid law and motion, are also reflected in emails between Mr. Davis and myself on April 10, 2019. A true and correct copy of this exchange is attached hereto as EXHIBIT K. 10 9 Ihave filed AmeriGas’ Motion for an Extension of Time to Respond to ll Plaintiffs: Discovery Requests in good faith and not for any dilatory purpose. 12 I declare under penalty of perjury under the laws of the State of California that the 13 foregoing is true and correct. 14 Executed on April 15, 2019, at San Francisco, Califprnia. 15 16 17 1 illette 18 19 20 21 22 23 24 25 26 27 28 4842-7155-0356.1 36942/00009 ~3- DECLARATION OF KEITH GILLETTE IN SUPPORT OF DEFENDANTS’ MOTION FOR AN EXTENSION OF TIME TO RESPOND TO PLAINTIFF’S DISCOVERY REQUESTS a ~ DISC-001 ’ "ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Sta” “ |- Matthew D. Davis/Spencer J. Pahike2"(141986/2509 14) Walkup, Melodia, Kelly & Schoenberger 650 California Street, 26th Floor San Francisco, CA 94108-2615 teueponeno: (415) 981-7210 FAX NO. (Optonal): al 5) 391-6965 ‘E-MAIL ADDRESS (Optional) ATTORNEY FOR (Namo): wemey Plainti fs Briceida Lopez, et al. SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo Hall of Justice & Records SHORT TITLE OF CASE: Lopez v. Bonifacio FORM INTERROGATORIES-GENERAL ‘CASE NUMBER: Asking Party: Plaintiff Briceida Lopez 18CIV01696 Answering Party: Defendant Amerigas Propane, Inc. Set No.: Sec. 1. Instructions to All Parties (©) Each answer must be as complete and straightforward (a) Interrogatories are written questions prepared by a party as the information reasonably available to you, including the to an action that are sent to any other party in the action to be information possessed by your attomeys or agents, permits. If answered under oath. The interrogatories below are form an interrogatory cannot be answered completely, answer it to interrogatories approved for use in civil cases. the extent possible. (b) For time limitations, requirements for service on other (@) Ifyou do not have enough personal knowledge to fully parties, and other details, see Code of Civil Procedure answer an interrogatory, say so, but make a reasonable and sections 2030.010-2030.410 and the cases construing those good faith effort to get the information by asking other persons sections. of organizations, unless the information is equally available to (c) These form interrogatories do not change existing law the asking party. relating to interrogatories nor do they affect an answering (e) Whenever an interrogatory may be answered by party's right to assert any privilege or make any objection. referring to a document, the document may be attached as an Sec, 2. Instructions to the Asking Party exhibit to the response and referred to in the response. If the {@) These interrogatories are designed for optional use by document has more than one page, refer to the page and parties in unlimited civil cases where the amount demanded section where the answer to the interrogatory can be found. exceeds $25,000. Separate interrogatories, Form (f) Whenever an address and telephone number for the interrogatories - Limited Civil Cases (Economic Litigation) same person are requested in more than one interrogatory, (form DISC-004), which have no subparts, are designed for you are required to furnish them in answering only the first use in limited civil cases where the amount demanded is interrogatory asking for that information. $25,000 or less; however, those interrogatories may also be (g) ifyou are asserting a privilege or making an objection to used in unlimited civil cases. an interrogatory, you must specifically assert the privilege or (0) Check the box next to each interrogatory that you want state the objection in your written response. the answering party to answer. Use care in choosing those (bh) Your answers to these interrogatories must be verified, interrogatories that are applicable to the case. dated, and signed. You may wish to use the following form at {c) You may insert your own definition of INCIDENT in the end of your answers: Section 4, but only where the action arises from a course of I declare under penalty of perjury under the laws of the conduct or a series of events occurring over a period of time. State of Califomia that the foregoing answers are true and (a) The interrogatories in section 16.0, Defendant's correct. Contentions-Personal Injury, shoutd not be used until the defendant has had a reasonable opportunity to conduct an (ATED (SIGNATURE) investigation or discovery of plaintiff's injuries and damages Sec, 4, Definitions (e) Additional interrogatories may be attached, Words in BOLDFACE CAPITALS in these interrogatories Sec, 3. Instructions to the Answering Party are defined as follows: (a) An answer or other appropriate response must be given. to each interrogatory checked by the asking party. (a) (Check one of the following): (e) As ageneral rule, within 30 days after you are served (2.1) INCIDENT includes the circumstances and with these interrogatories, you must serve your responses on events surrounding the alleged accident, injury, or the asking party and serve copies of your responses on ail other occurrence or breach of contract giving rise to other parties to the action who have appeared. See Code of this actionor proceeding. Civil Procedure sections 2030.260-2030.270 for details. ofa Sa SFR INTERROGATORIES - GENERAL srr 85 2030.01 .c2.g0V ae CEB | Stormer Lopez-14050 6 DISC-001 > 2 @) INCIDENT means (insert your de). .../3n here or 4.0 Identity of Persor _ -\wwering These interrogatories on a separate, attached sheet labeled “Sec. (X] 1.1. State the name, ADDRESS, telephone number, and 4(a(2)"): relationship to you of each PERSON who prepared or assisted in the preparation of the responses to these interrogatories. (Do not identify anyone who simply typed or reproduced the responses.) 2.0 General Background Information - individual (b) YOU OR ANYONE ACTING ON YOUR BEHALF (2) 2.1 State: includes you, your agents, your employees, your insurance (a) your name; companies, their agents, their employees, your attomeys, your (b) every name you have used in the past; and accountants, your investigators, and anyone else acting on (c) the dates you used each name. your behalf. (Cc) PERSON includes a natural person, firm, association, (CC) 2.2 State the date and placeof your birth. organization, partnership, business, trust, limited liability (CC) 2.3 Atthe time of the INCIDENT, did you have a drivers company, corporation, or public entity. license? If so state: (d) DOCUMENT means a writing, as defined in Evidence (a) the state or other issuing entity; Coda section 250, and includes the original or a copy of {b) the license number and type; handwriting, typewriting, printing, photostats, photographs, {c) the date of issuance; and electronically stored information, and every other means of (d) all restrictions. recording upon any tangible thing and form of communicating (CC) 2.4 At the time of the INCIDENT, did you have any other or representation, including letters, words, pictures, sounds, or permit or license for the operation of a motor vehicle? If so, symbols, of combinations of them. state: (e) HEALTH CARE PROVIDER includes any PERSON referred to in Code of Civil Procedure section 667.7(e)(3). (a) the state or other issuing entity; (ff) ADDRESS means the street address, including the city, (b) the license number and type; stale, and zip code, {c) the date of issuance; and (9) all restrictions. See, 5. Interrogatories C25 State: The following interrogatories have been approved by the Judicial Council under Code of Civil Procedure section 2033,710: (a) your present residence ADDRESS; (b) your residence ADDRESSES for the past five years; and CONTENTS ©) the dates you lived at each ADDRESS, 1.0 Identity of Persons Answering These Interrogatories O26 State: 2.0 General Background Information - Individual 3.0 General Background Information - Business Entity (a) the name, ADDRESS, and telephone number of your present employer or place of self-employment; and 4.0 Insurance 5.0 [Reserved] (b) the name, ADDRESS, dates of employment, job title, and nature of work for each employer or 6.0 Physical, Mental, or Emotional Injuries ‘self-employment you have had from five years before 7.0 Property Damage the INCIDENT until today. 8.0 Loss of Income or Eaming Capacity 9.0 Other Damages Cj 27 State: 10.0 Medical History @) the name and ADDRESS of each school or other 11.0 Other Claims and Previous Claims academic or vocational institution you have attended, 12.0 Investigation - General beginning with high schoot; 13.0 Investigation - Surveillance (b) the dates you attended; 14.0 Statutory or Regulatory Violations ) the highest grade level you have completed; and 15.0 Denials and Special or Affirmative Defenses (a) the degrees received. 16.0 Defendant's Contentions Personal Injury 17.0 Responses to Request for Admissions Cj 28 Have you ever been convicted of a felony? If so, for 18.0 [Reserved] each conviction state: 19.0 [Reserved] {a) the city and state where you were convicted; 20.0 How the incident Occurred - Motor Vehicle (b) the date of conviction; {c) the offense; and 25.0 {Reserved} 30.0 /Reserved] d) the court and case number. 40.0 [Reserved] Cl 29 Can you speak English with ease? If not, what §0.0 Contract language and dialect do you normally use? 60.0 [Reserved] C2 2.10Can you read and write English with ease? If not, what 70.0 Unlawful Detainer {See separate form DISC-003] language and dialect do you normally use? 101.0 Economic Litigation (See separate form DiSC-004] 200,0 Employment Law [See separate form DISC-002} Sr DISC-001 [Rev. January 1, 2008) GB} Gee Essential «FORM INTERROGATORIES - GENERAL saan Page 2.018 §\Forms- Lopez, Briceida-14050 DISC-001 (2.11 tthe time of the INCIDENT were you acting as an i) 34 Are you a jofi“2nture? If so, state: agent or employee for any PERSON? if so, state: (a) the current joint venture name; (a) the name, ADDRESS, and telephone number of that ) all other names used by the joint venture during the PERSON; and past 10 years and the dates each was used; (b) a description of your dutles. © the name and ADDRESS of each Joint venture; and @ the ADDRESS of the principal place of business. (CD 2.12 At the time of the INCIDENT did you or any other person have any physical, emotional, or mental disability or (QQ 3.5 Are you an unincorporated association? condition that may have contributed to the occurrence of the Ifso, state: INCIDENT? If so, for each person state: @) the current unincorporated association name; (a) the name, ADDRESS, and telephone number, (b) all other names used by the unincorporated association (b) the nature of the disability or condition; and uring the past 10 Years and the dates each was used; (c)_ the manner in which the disability or condition contributed to the occurrence of the INCIDENT. © the ADDRESS of the principal place of business. (Co) 2.13 Within 24 hours before the INCIDENT did you or any 36 Have you done business under a fictitious name during person involved in the INCIDENT use or take any of the the past 10 years? If so, for each fictitious name state: following substances: alcoholic beverage, marijuana, or {a)_ the name; other drug or medication of any kind (prescription or not)? If (b) the dates each was used; 80, for each person state: (©) the state and county of each fictitious name filing; and (a) the name, ADDRESS, and telephone number; (d) the ADDRESS of the principal place of business. (b) the nature or description of each substance; ©) the quantity of each substance used or taken; (&) 3.7 Within the past five years has any public entity regis- @ the date and time of day when each substance was used tered or licensed your business? If so, for each license or or taken; registration: @) the ADDRESS where each substance was used or (a) identify the license or registration; taken; (b) state the name of the public entity; and ® the name, ADDRESS, and telephone number of each (c) state the dates of issuance and expiration. person who was present when each substance was used 4.0 Insurance or taken; and (QQ 4.1 At the time of the INCIDENT, was there in effect any () the name, ADDRESS, and telephone number of any Policy of insurance through which you were or might be HEALTH CARE PROVIDER who prescribed or furnished insured in any manner (for example, primary, pro-rata, or the substance and the condition for which it was excess liability coverage or medical expense coverage) for prescribed or fumished. the damages, claims, or actions that have arisen out of the 3.0 General Background Information - Business Entity INCIDENT? If so, for each policy state: 31 Are you a corporation? If so, state: (a) the kind of coverage; (a) the name stated in the current articles of incorporation; (b) the name and ADDRESS of the insurance company; (b) all other names used by the corporation during the past © the name, ADDRESS, and telephone number of each 10 years and the dates each was used; named insured; © the date and place of incorporation; (d) the policy number; (@ the ADDRESS of the principal place of business; and (e) the limits of coverage for each type of coverage con- ) whether you are qualified to do business in California. tained in the policy; (i) 32 Are you a partnership? If so, state: 0 whether any reservation of rights or controversy or coverage dispute exists between you and the insurance (a) the current partnership name; company; and () all other names used by the partnership during the past () the name, ADDRESS, and telephone number of the 10 years and the dates each was used; custodian of the policy. ©) whether you are a limited partnership and, if so, under 42 Are you self-insured under any statute for the damages, the laws of what jurisdiction; claims, or actions that have arisen out of the INCIDENT? If () the name and ADDRESS of each general partner; and ‘80, specify the statute. e) the ADDRESS of the principal place of business. 5.0 [Reserved] C33 Are you a limited liability company? If so, state: (a) the name stated in the current articles of organization; 6.0 Physical, Mental, or Emotional Injuries (b) all other names used by the company during the past 10 (2) 6.1 Do you attribute any physical, mental, or emotional years and the date each was used; injuries to the INCIDENT? (if your answer is “no,” do not () the date and place of filing of the articles of organization; answer interrogatories 6.2 through 6.7). (a) the ADDRESS of the principal place of business; and (e) whether you are qualified to do business in Califomia. C3 6.2 Identity each injury you attribute to the INCIDENT and the area of your body affected. DISC-0T [Rav. January 7, 2008) Page sere FORM INTERROGATORIES - GENERAL Lopez, Briceida-14050 GB | eens ~ DISC-001 \ (2 63 Do yeu still have any complaints 2... you attribute to (0) state the an: tof damage you are claiming for each the INCIDENT? If so, for each complaint state: item of property and how the amount was calculated; and (a) a description; (d) if the property was sold, state the name, ADDRESS, and {b) whether the complaint is subsiding, remaining the same, telephone number of the seller, the date of sale, and the or becoming worse; and sale price. (c)_ the frequency and duration. C2 7.2 Has a written estimate or evaluation been made for any (CQ) 6.4 Did you receive any consultation or examination item of property referred to in your answer to the preceding {except from expert witnesses covered by Code of Civil interrogatory? If so, for each estimate or evaluation state: Procedure sections 2034,210-2034.310) or treatment from a @) the name, ADDRESS, and telephone number of the HEALTH CARE PROVIDER for any injury you attribute to PERSON who prepared it and the date prepared; the INCIDENT? If so, for each HEALTH CARE PROVIDER (o) the name, ADDRESS, and telephone number of each state: PERSON who has a copy of it; and (a) the name, ADDRESS, and telephone number, © the amount of damage stated. (b) the type of consultation, examination, or treatment Ci73 Has any item of property referred to in your answer to provided; interrogatory 7.1 been repaired? If so, for each item state: () the dates you received consultation, examination, or (a) the date repaired; treatment; and (b) a descriptionof the repair; @) the charges to date. ©) the repair cost; OCl6s Have you taken any medication, prescribed or not, as a () the name, ADDRESS, and telephone number of the result of injuries that you attribute fo the INCIDENT? If so, PERSON who repaired it; for each medication state: ) the name, ADDRESS, and telephone number of the (a) the name; PERSON who paid for the repair. (b) the PERSON who prescribed or furnished it; 8.0 Loss of Income or Earning Capacity © the date it was prescribed or furnished; (2) 8.1 Do you attribute any loss of income or eaming capacity @ the dates you began and stopped taking it; and to the INCIDENT? (If your answer is “no,” do not answer (e) the cost to date. interrogatories 8.2 through 8.8). Oli6s Are there any other medical services necessitated by CD 82 State: the Injuries that you attribute to the INCIDENT that were not (a) the nature of your work; previously listed (for example, ambulance, nursing, (6) your job title at the time of the INCIDENT; and prosthetics)? If so, for each service state: (c)_ the date your employment began. (a) the nature; (b) the date; () 83 State the last date before the INCIDENT that you (©) the cost; and worked for compensation. @ the name, ADDRESS, and telephone number (CC) 84 State your monthly income at the time of the INCIDENT of each provider. and how the amount was calculated. OCli67 Has any HEALTH CARE PROVIDER advised that you may require future or additional treatment for any injuries CC) 8.5 State the date you returned to work at each place of that you attribute to the INCIDENT? If so, for each injury employment following the INCIDENT. state: (CQ 8.6 State the dates you did not work and for which you lost (a) the name and ADDRESS of each HEALTH CARE income as a result of the INCIDENT, PROVIDER; (b) the complaints for which the treatment was advised; and (CJ 8.7 State the total income you have lost to date as a result ©) the nature, duration, and estimated cost of the of the INCIDENT and how the amount was calculated. treatment. (CQ 8.8 Will you lose income in the future as a result of the 7.0 Property Damage INCIDENT? If so, state: (C2) 7.1 Do you attribute any loss of or damage to a vehicle or (a) the facts upon which you base this contention; other property to the INCIDENT? If so, for each item of (b) an estimate of the amount; property: (©) anestimate of how long you will be unable to work; and (a) describe the property; (d) how the claim for future income is calculated. (b) describe the nature and location of the damage to the property; BISG-001 Rov. January 1, 2008) Pago 48 FORM INTERROGATORIES - GENERAL cB aban |Seorme Forms: Lopez, Briceida-14050 ~ - ‘ DISC-001 9.0 Other Damages () the court, n Sof the parties, and case number of any (2 9.1 Are there any other damages that you attribute to the action filed; INCIDENT?If so, for each item of damage state: {d) the name, ADDRESS, and telephone number of any (a) the nature; attomey representing you; (b) the date it occurred; e) whether the claim or action has been resolved or is {e) the amount; and pending; and (a) the name, ADDRESS, and telephone number of each 0 a description of the Injury. PERSON to whom an obligation was incurred. C) 11.2 In the past 10 years have you made a written claim or (2 9.2 Do any DOCUMENTS support the existence or amount demand for workers' compensation benefits? If so, for each of any item of damages claimed in interrogatory 9.17 If so, claim or demand state: describe each document and state the name, ADDRESS, (a) the date, time, and place of the INCIDENT giving rise to and telephone number of the PERSON who has each the claim; DOCUMENT. (b) the name, ADDRESS, and telephone number of your employer at the time of the injury; 10.0 Medical History (2) 10.1 At any time before the INCIDENT did you have com- © the name, ADDRESS, and telephone number of the workers’ compensation insurer and the claim number, plaints or injuries that involved the same part of your body claimed to have been injured In the INCIDENT? If so, for @ the period of time during which you received workers’ compensation benefits; each state: (a) adescription of the complaint or injury; (e) a description of the injury; {b) the dates it began and ended; and 0 the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER who provided services; and (c) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER whom you consulted or @ the case number at the Workers’ Compensation Appeals Board. who examined or treated you. 12.0 Investigation-General (C) 10.2 List all physical, mental, and emotional disabilities you [QQ 12.1 State the name, ADDRESS, and telephone number of had Immediately before the INCIDENT. (You may omit each individual: mental or emotional disabilities unless you attribute any (a) who witnessed the INCIDENT or the events occurring imental or emotional injury to the INCIDENT.) immediately before or after the INCIDENT; (CQ 10.3 At any time after the INCIDENT, did you sustain (b) who made any statement at the scene of the INCIDENT; injuries of the kind for which you are now claiming © who heard any statements made about the INCIDENT by damages? If so, for each incident giving rise to an injury any individual at the scene; and state: @) who YOU OR ANYONE ACTING ON YOUR BEHALF () the date and the place it occurred; claim has knowledge of the INCIDENT (except for () the name, ADDRESS, and telephone number of any expert witnesses covered by Code of Civil Procedure other PERSON involved; section 2034). () the nature of any Injuries you sustained; [QJ 12.2 Have YOU OR ANYONE ACTING ON YOUR @) the name, ADDRESS, and telephone number of each BEHALF interviewed any individual concerning the HEALTH CARE PROVIDER who you consulted or who INCIDENT? If so, for each individual state: examined or treated you; and (a) the name, ADDRESS, and telephone number of the e) the nature of the treatment and its duration. individual interviewed; 11.0 Other Claims and Previous Claims (b) the date of the interview; and (C) 11.1. Except for this action, in the past 10 years have you (c) the name, ADDRESS, and telephone number of the filed an action or made a written claim or demand for PERSON who conducted the interview. compensation for your personal injuries? If so, for each (&) 12.3 Have YOU OR ANYONE ACTING ON YOUR action, claim, or demand state: BEHALF obtained a written or recorded statement from any (a) the date, time, and place and location (closest street individual concerning the INCIDENT? If so, for each ADDRESS or intersection) of the INCIDENT giving rise Statement state: fo the action, claim, or demand; (b) the name, ADDRESS, and telephone number of each @ the name, ADDRESS, and telephone number of the individual from whom the statement was obtained; PERSON against whom the claim or demand was made or the action filed; (o) the name, ADDRESS, and telephone number of the individual who obtained the statement; © the date the statement was obtained; and @) the name, ADDRESS, and telephone number of each PERSON who has the original statement or a copy. DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES - GENERAL Pogo 8 of 8 GB | atoms Lopez, Briceida-14050 - DISC-001 . (QD 12.4D0 YOU OR ANYONE ACTING & . “pur BEHALF (EB 13.2 Has a wit port been prepared on the know of any photographs, films, or videotapes depicting any surveillance? If so, for each written report state: place, object, or individual conceming the INCIDENT or @) the title; plaintiff's injuries? If so, state: (b) the date; (a) the number of photographs or feet of film or videotape; ©) the name, ADDRESS, and telephone number of the (b) the places, objects, or persons photographed, filmed, or individual who prepared the report; and videotaped; @ the name, ADDRESS, and telephone number of each PERSON who has the original or a copy. © the date the photographs, films, or videotapes were taken; 14.0 Statutory or Regulatory Violations [) 14.1 Do YOU OR ANYONE ACTING ON YOUR BEHALF @ the name, ADDRESS, and telephone number of the individual taking the photographs, films, or videotapes; contend that any PERSON involved in the INCIDENT and violated any statute, ordinance, or regulation and that the () the name, ADDRESS, and telephone number of each violation was a legal (proximate) cause of the INCIDENT? If PERSON who has the original or a copy of the 0, identify the name, ADDRESS, and telephone number of photographs, films, or videotapes