Preview
ELECTRONICALLY FILED
Superior Court of California,
County of Placer
BOUTIN JONES INC. 05/26/2020
Bruce M. Timm (SBN 199679)
By: Laurel Sanders, Deputy Clerk
Kimberly A. Lucia (SBN 266503)
Kendall C. Fisher (SBN 322155)
555 Capitol Mall, Suite 1500
Sacramento, CA 95814
Telephone: (916) 321-4444
Fax: (916) 441-7597
Email: btimm@boutinjones.com
klucia@ boutinjones.com
kfisher@ boutinjones.com
Attorneys for Defendants MJ Akerland, R.N., APNC dba
K12 Health, and Marianne J. Akerland
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF PLACER
11 DAVID MOELLER, Case No. SCV 0042445
12 Plaintiff, DECLARATION OF KENDALL C.
FISHER IN SUPPORT OF
13 Vv DEFENDANTS MJ AKERLAND, R.N,
APNC dba K12 HEALTH AND
14 MJ AKERLAND, R.N. A PROFESSIONAL MARIANNE J. AKERLAND’S MOTION
NURSING CORPORATION doing business as TO COMPEL FURTHER RESPONSE
15 K12 HEALTH, a Califomia Corporation; TO REQUEST FOR PRODUCTION OF
MARIANNE J. AKERLAND, an individual; and DOCUMENTS FROM PLAINTIFF
16 DOES 1-10, inclusive, DAVID MOELLER; REQUEST FOR
SANCTIONS
17 Defendants.
DATE: August 14, 2020
18 TIME: 8:30 a.m
DEPT.: 31
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Action Filed: February 4, 2019
20 Trial Date: September 21, 2020
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22 I, Kendall C. Fisher, declare as follows:
23 1 I am an attorney at law licensed to practice before all courts of the state of California,
24 and am an associate with the law firm of Boutin Jones Inc., attorneys for Defendants MJ Akerland,
25 R.N., APNC dba K 12 Health, and MarianneJ. Akerland (“Defendants”). I have personal knowledge
26 of the following facts:
27 HII
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Declaration of Kendall C. Fisher in Support of Defendants’ Motion to Compel
Further Response to Request For Production of Documents from Plaintiff; Request For Sanctions 1088039.1
2 On or about May 22, 2020, I sent an email to Plaintiff David Moeller’s (“Plaintiff”)
counsel to determine a mutually convenient hearing date for Defendants’ Motion to Compel Further
Responses to Requests for Production. We agreed that August 14, 2020, which we reserved with
the Court for the hearing on Defendants’ Motion, is available for both parties.
3 Attached hereto as Exhibit
A is a true and correct copy of Defendants’ Requests for
Production to Plaintiff, Set One, served on October 23, 2019.
4. Attached hereto as Exhibit B is a true and correct copy of Plaintiff's Responses to
Defendants’ Requests for Production, Set One, served on December 18, 2019.
5 Between January 8, 2020 and February 4, 2020, my office exchanged several
10 communications with Plaintiff’ s counsel to meet and confer regarding the sufficiency of Plaintiff's
11 original responses to Defendants’ discovery requests, including Plaintiff’ s responses to Defendants’
12 Requests for Production, Set One, and the absence of a privilege log.
13 6 On February 7, 2020, I spoke with Eliezer Cohen on the phone in an attempt to further
14 the parties’ meet and confer efforts. I did not agree to the contents of Plaintiff’ s Amended Responses
15 to Defendants’ Requests for Production, Set One.
16 7 Attached hereto as Exhibit C is a true and correct copy Plaintiff's Amended
17 Responses to Defendant’s Requests for Production, Set One, served on February 13, 2020.
18 8 Attached hereto as Exhibit Dis a true and correct copy of a March 31, 2020 letter my
19 office sent to Plaintiff’s counsel by email.
20 9 Attached hereto as Exhibit E is a true and correct copy of a May 4, 2020 letter my
21 office received from Plaintiff's counsel by email.
22 10. Attached hereto as Exhibit
F is a true and correct copy of a May 14, 2020 letter my
23 office sent to Plaintiff’s counsel by email.
24 11. Attached hereto as ExhibitG is a true and correct copy of a chain of email exchanges
25 my office exchanged with Plaintiff’s counsel between May 14, 2020 and May 22, 2020.
26 12. On May 22, 2020, Plaintiff served Defendants with further amended responses to
27 Defendants’ Special Interrogatories, Set One. Plaintiff did not serve further amended responses to
28 any of Defendants’ other discovery requests on that day.
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Declaration of Kendall C. Fisher in Support of Defendants’ Motion to Compel
Further Response to Request For Production of Documents from Plaintiff; Request For Sanctions 1088039.1
13. I have spent not less than 7.5 hours drafting the papers in support of this motion and
in conducting related research/analysis, and will spend additional time reviewing Plaintiff’s
opposition and preparing Defendants’ reply brief. My hourly rate for this matter is $270. Thus, the
total cost for my work in connection with this motion is not less than $2,025. My colleague, Bruce
Timm, has spent not less than 0.3 of an hour in preparing the papers in support of this motion, and
will also spend additional time reviewing Plaintiff's opposition and preparing Defendants’ reply
brief. Mr. Timm’s hourly rate in connection with this motion is $450. Thus, the total cost for Mr.
Timm’s work in connection with this motion is not less than $135. Accordingly, the attorneys’ fees
incurred by Defendants in preparing this motion is not less than $2,160, in addition to the $60 filing
10 fee.
11 I declare, under penalty of perjury, under the laws of the state of Califomia, that the foregoing
12 is true and correct. Executed on this 26th day of May 2020, at Sacramento, Califomia.
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APn
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KENDALL C. FISHER
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Declaration of Kendall C. Fisher in Support of Defendants’ Motion to Compel
Further Response to Request For Production of Documents from Plaintiff; Request For Sanctions 1088039.1
EXHIBIT A
EXHIBIT A
BOUTIN JONES INC.
Bruce M. Timm (SBN 199679)
Kimberly A. Lucia (SBN 266503)
Michael G. Cross (SBN 268999)
Kendall C. Fisher (SBN 322155)
555 Capitol Mall, Suite 1500
Sacramento, CA 95814
Telephone: (916) 321-4444
Fax: (916) 441-7597
Email: btimm@boutinjones.com
klucia@boutinjones.com
mcross@boutinjones.com
kfisher@boutinjones.com
Attorneys for Defendants MJ Akerland, R.N., APNC dba
K12 Health, and Marianne J. Akerland
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
ll COUNTY OF PLACER
12 DAVID MOELLER, Case No. SCV 0042445
13 Plaintiff, DEFENDANTS MJ AKERLAND, R.N.,
APNC dba K12 HEALTH AND
14 Vv. MARIANNE J. AKERLAND’S
REQUESTS FOR PRODUCTION OF
bs MJ AKERLAND, R.N. A PROFESSIONAL DOCUMENTS TO PLAINTIFF DAVID
NURSING CORPORATION doing business as MOELLER, SET ONE
16 K12 HEALTH, a California Corporation;
MARIANNE J. AKERLAND, an individual; and
17 DOES 1-10, inclusive,
18 Defendants.
Action Filed: February 4, 2019
19 Trial Date: None Set
20 PROPOUNDING PARTIES: Defendants MJ AKERLAND, R.N., APNC dba K12 HEALTH
and MARIANNE J. AKERLAND
21
22 RESPONDING PARTY: Plaintiff DAVID MOELLER
23) SET NUMBER: One
24 Pursuant to Code of Civil Procedure section 2031.010 et seq., Defendants MJ AKERLAND,
25 RN., APNC dba K12 HEALTH and MARIANNE J. AKERLAND request that PLAINTIFF DAVID
26 MOELLER respond, produce, and permit inspection and photocopying of all of the documents
27 which are described below in this Request for Production of Documents, Set One. The documents
28 are to be produced at the offices of Boutin Jones Inc., 555 Capitol Mall, Suite 1500, Sacramento,
1
Defendants MJ Akerland, R.N., APNC dba K12 Health and Marianne J. Akerland’s
Requests for Production of Documents to Plaintiff David Moeller, Set One 1040166.2
California 95814 within thirty (30) days from the date of service.
DEFINITIONS
As used herein, the following terms have the meaning and significance set forth below,
unless otherwise specifically indicated:
1 The words “YOU” or “YOUR” shall mean PLAINTIFF DAVID MOELLER.
2 The word “AKERLAND” shall mean MARIANNE J. AKERLAND in her individual
capacity.
3 The word “K12” shall mean MJ AKERLAND, R.N., A PROFESSIONAL NURSING
CORPORATION d/b/a K12 HEALTH.
10 4 The word “DEFENDANTS” shall mean MJ AKERLAND, RN., A
11 PROFESSIONAL NURSING CORPORATION d/b/a K12 HEALTH, and MARIANNE J.
12 AKERLAND, in her individual capacity.
13 5 The word “COMPLAINT” shall mean the Complaint filed in the above-entitled Court
14 on or about February 4, 2019.
15 6 The words “DOCUMENT” or “DOCUMENTS?” shall mean and include all written,
16 recorded, or graphic materials, however produced or reproduced, whether or not privileged,
17 pertaining in any way to the subject matter of this action, including, but not limited to, any and all
18 originals, copies, or drafts or any and all of the following: records; notes; summaries; schedules;
19 contracts or agreements; drawings; sketches; invoices; orders of acknowledgment; diaries; journals;
20 reports; memoranda of telephone or in-person conversations by or with any person, or other
21 memoranda; electronic mail; electronically stored or retrievable data; text message communications;
22 letters; telegrams, telexes, or cables received; drafts, originals or copies of letters, cables, telexes, or
23 telegrams sent; tapes, transcripts or recordings; photographs, pictures or films; text or data
24 documents, files, or records generated by or maintained in any computers, including backup
25 documents, files or records, which have been transferred from any computers onto any medium,
26 such as tape, disk, or compact disk; or other graphic, recorded written material of whatever nature
27 and other “writings” of any kind as that term is defined in Section 250 of the California Evidence
28 Code, and Rule 1001 of the Federal Rules of Evidence, including the definition of “photograph.”
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Defendants MJ Akerland, R.N., APNC dba K 12 Health and Marianne J. Akerland’s
Requests for Production of Documents to Plaintiff David Moeller, Set One 1040166.2
7 The words “PERSON” or “PERSONS” mean all entities of any description, and
includes all individuals, associations, companies, partnerships, joint ventures, corporations, trusts,
and estates.
DOCUMENTS REQUESTED
REQUEST NO. 1
Please produce all DOCUMENTS relating to YOUR contention that YOU had earned or
were otherwise entitled to the Quarterly Managing Business Objectives that YOU claim
DEFENDANTS stopped paying you in 2017, as alleged in YOUR COMPLAINT.
REQUEST NO. 2
10 Please produce all DOCUMENTS relating to any communications YOU had with
IL AKERLAND relating to a potential employment relationship prior to the commencement of YOUR
12 employment relationship with DEFENDANTS.
13 REQUEST NO. 3
14 Please produce all DOCUMENTS related to YOUR employment with DEFENDANTS.
15 REQUEST NO. 4
16 Please produce all DOCUMENTS relating to YOUR contention that YOU suffered
17 “damages, including economic losses and lost opportunities to seek other employment that would
18 offer pay commensurate with [YOUR] skills and experience,” as a result of the alleged conduct of|
19 DEFENDANTS, as alleged in YOUR COMPLAINT.
20 REQUEST NO. 5
21 Please produce all DOCUMENTS relating to YOUR claim of intentional misrepresentation,
22 as alleged in Paragraph 50 of YOUR COMPLAINT.
23 RE UEST NO. 6
24 Please produce all DOCUMENTS relating to YOUR claim that YOU were retaliated against,
25 as alleged at Paragraph 75 of YOUR COMPLAINT.
26 REQUEST NO. 7
27 Please produce all DOCUMENTS relating to YOUR claim that AKERLAND and her
28 husband improperly used corporate funds, as alleged in Paragraph 70 of YOUR COMPLAINT.
3
Defendants MJ Akerland, R.N., APNC dba K12 Health and Marianne J. Akerland’s
Requests for Production of Documents to Plaintiff David Moeller, Set One 1040166.2
REQUEST NO. 8
Please produce all DOCUMENTS relating to YOUR claim that YOU informed AKERLAND
that her alleged misuse of corporate funds was illegal, as alleged at Paragraph 70 of YOUR
COMPLAINT.
REQUEST NO. 9
Please produce all DOCUMENTS relating to YOUR claim that K12 breached its contract
with YOU, as alleged in YOUR COMPLAINT.
REQUEST NO. 10
Please produce all DOCUMENTS relating to YOUR claim that DEFENDANTS defrauded
10 YOU, as alleged in YOUR COMPLAINT.
11 REQUEST NO. 11
12 Please produce all DOCUMENTS relating to YOUR contention that K12 breached an
13 agreement to pay YOU Quarterly Managing Business Objectives (“MBOs”) as alleged in Paragraph
14 44 of YOUR COMPLAINT.
15 REQUEST NO. 12
16 Please produce all DOCUMENTS relating to any discussions YOU had with anyone, prior to
17 YOUR signing the Employment Agreement, attached as Exhibit A to the COMPLAINT, that only a
18 registered nurse could be a shareholder in K12.
19 REQUEST NO. 13
20 Please produce all DOCUMENTS relating to any discussions YOU had with anyone, at any
21 time, regarding the requirement that only a registered nurse could be a shareholder in K12.
22 REQUEST NO. 14
23 Please produce all DOCUMENTS relating to any alleged misrepresentation that YOU claim
24 induced YOU to assent to YOUR employment relationship with DEFENDANTS, as alleged in
25 YOUR COMPLAINT.
26 REQUEST NO. 15
27 Please produce all DOCUMENTS relating to AKERLAND.
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Defendants MJ Akerland, R.N., APNC dba K12 Health and Marianne J. Akerland’s
Requests for Production of Documents to Plaintiff David Moeller, Set One 1040166.2
REQUEST NO. 16
Please produce all DOCUMENTS relating to K12.
REQUEST NO. 17
Please produce all DOCUMENTS identified in response to the accompanying Form
Interrogatories—General, Set One, propounded by DEFENDANTS.
REQUEST NO. 18
Please produce all DOCUMENTS identified in response to the accompanying Form
Interrogatories—Employment, Set One, propounded by DEFENDANTS.
REQUEST NO. 19
10 Please produce all DOCUMENTS identified in response to the accompanying Special
ll Interrogatories, Set One, propounded by DEFENDANTS.
12 REQUEST NO. 20
13 Please produce all DOCUMENTS, including any and all journals, notes, diaries,
14 chronologies, and/or other memoranda, that relate to YOUR employment with DEFENDANTS.
15 REQUEST NO. 21
16 Please produce all DOCUMENTS, including any and all journals, notes, diaries,
17 chronologies, and/or other memoranda, that relate to the allegations in YOUR COMPLAINT.
18 REQUEST NO. 22
19 Please produce all DOCUMENTS relating to any communications between YOU and any
20 PERSON relating to YOUR COMPLAINT.
21 REQUEST NO. 23
22 Please produce all DOCUMENTS relating to any communications between YOU and the
23 California Department of Fair Employment and Housing relating to the allegations in YOUR
24 COMPLAINT.
25 REQUEST NO. 24
26 Please produce all DOCUMENTS prepared by YOU relating to the allegations and events
27 alleged in YOUR COMPLAINT.
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Defendants MJ Akerland, R.N., APNC dba K12 Health and Marianne J. Akerland’s
Requests for Production of Documents to Plaintiff David Moeller, Set One 1040166.2
REQUEST NO. 25
Please produce all DOCUMENTS relating to YOUR efforts to locate employment following
the termination of YOUR employment with DEFENDANTS.
REQUEST NO. 26
Please produce all DOCUMENTS relating to any communications YOU had with any of
DEFENDANTS? employees after the termination of YOUR employment with DEFENDANTS,
regarding the circumstances and events alleged in YOUR COMPLAINT.
REQUEST NO. 27
Please produce all DOCUMENTS relating to the at-will nature of YOUR employment
10 relationship with K12.
11 REQUEST NO. 28
12 Please produce all DOCUMENTS relating to the Employment Agreement between YOU and
13 K12.
14 REQUEST NO. 29
z
15 Please produce all DOCUMENTS relating to any other sources of income that YOU had
16 while employed with K12.
17 REQUEST NO. 30
18 Please produce all DOCUMENTS relating to YOUR alleged emotional distress that YOU
19 claim YOU suffered following YOUR termination from K12, as alleged in Paragraph 15 of YOUR
20 COMPLAINT.
21 REQUEST NO. 31
22. Please produce all DOCUMENTS relating to any emotional distress that YOU suffered prior
23 to YOUR termination from K12.
24 REQUEST NO. 32
25 Please produce all DOCUMENTS relating to YOUR statement to AKERLAND on January
26 31, 2018 that YOU knew YOU could not be a shareholder in K12 at the time YOU signed the
27 Employment Agreement, attached as Exhibit A to YOUR COMPLAINT.
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Defendants MJ Akerland, R.N., APNC dba K12 Health and Marianne J. Akerland’s
Requests for Production of Documents to Plaintiff David Moeller, Set One 1040166.2
REQUEST NO. 33
Please produce all DOCUMENTS relating to YOUR indication to AKERLAND on February
1, 2018 that YOU knew YOU could not be a shareholder in K12 at the time YOU signed the
Employment Agreement, attached as Exhibit A to YOUR COMPLAINT.
REQUEST NO. 34
Please produce all DOCUMENTS relating to, produced by, or otherwise referencing the
QuickBooks software system as used by K12.
REQUEST NO. 35
Please produce all DOCUMENTS relating to the finances of K12 and/or AKERLAND.
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11 Dated: October 23, 2019 BOUTIN JONES INC.
12
13 By: J he _
BRUCE M. TIMM
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Attorneys for Defendants MJ Akerland, R.N., APNC
15 dba K12 Health, and Marianne J. Akerland
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Defendants MJ Akerland, R.N., APNC dba K12 Health and Marianne J. Akerland’s
Requests for Production of Documents to Plaintiff David Moeller, Set One 1040166.2
PROOF OF SERVICE
I am employed in the County of Sacramento; my business address is 555 Capitol Mall,
Suite 1500, Sacramento, California 95814. I am over the age of eighteen years and not a party to
the foregoing action.
I am readily familiar with the business practice at my place of business for collection and
processing of correspondence for mailing with the United States Postal Service. Correspondence
so collected and processed is deposited with the United States Postal Service that same day in the
ordinary course of business.
On October 23, 2019, I served the within:
DEFENDANTS MJ AKERLAND, R.N., APNC dba K12 HEALTH AND
MARIANNE J. AKERLAND’S REQUESTS FOR PRODUCTION OF
DOCUMENTS TO PLAINTIFF DAVID MOELLER, SET ONE
10 by mail on all parties in said action by regular, first class United States mail, postage
fully pre-paid, by placing a true copy thereof enclosed in a sealed envelope in a
11 designated area for outgoing mail, addressed as set forth below. At Boutin Jones Inc.,
mail placed in that designated area is given the correct amount of postage and is
12 deposited that same day, in the ordinary course of business, in a United States mailbox
in the City of Sacramento, California.
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by personally delivering a true copy thereof, in accordance with Code of Civil
14 Procedure § 1011, to the person(s) and at the address(es) set forth below.
15 by overnight delivery on the following party(ies) in said action, in accordance with
Code of Civil Procedure § 1013(c), by placing a true copy thereof enclosed in a sealed
16 envelope, with delivery fees paid or provided for, and delivering that envelope to an
vernight express service carrier as defined in Code of Civil Procedure § 1013(c).
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by e-mail or electronic transmission on all parties in said action, based on a court
18 order or an agreement of the parties to accept service by e-mail or electronic
transmission, I caused the document(s) to be sent to the person(s) at the e-mail
19 address(es) listed. I did not receive, within a reasonable time after the transmission
any electronic message or other indication that the transmission was unsuccessful.
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| J. Edward Brooks
21 | Ognian Gavrilov
Benjamin Merritt
22, GAVRILOV & BROOKS
2315 Capitol Avenue
23 Sacramento, CA 95816
Telephone: (916) 504-0529
24 Fax: (916) 473-5870
Email: ebrooks@gavrilovlaw.com
25 —<
26 Hf
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ag il ///
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Proof of Service
1041463.1
I declare under penalty of perjury under the laws of the state of California that the foregoing
is true and correct and that this document was executed on October 23, 2019.
LINDA K. VALLIN
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Proof of Service
1041463.1
EXHIBIT B
EXHIBIT B
J. EDWARD BROOKS, State Bar No. 247767
ELIEZER COHEN, State Bar No. 302248
GAVRILOV & BROOKS
2315 Capitol Avenue
Sacramento, CA 95816
Telephone: (916) 504-0529
Facsimile: (916) 473-5870
Email: ebrooks@gavrilovlaw.com
Attorneys for Plaintiff
DAVID MOELLER
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF PLACER
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DAVID MOELLER, Case No. S-CV-0042445
11
Plaintiff, PLAINTIFF’S RESPONSE TO
12 DEFENDANTS’ REQUESTS FOR
Vv. PRODUCTION OF DOCUMENTS, SET
13
ONE
14 MJ AKERLAND, R.N., A PROFESSIONAL
NURSING CORPORATION doing business
15 as K12 HEALTH, a California Corporation; Complaint Filed: February 4, 2019
MARIANNE J. AKERLAND, an individual; Trial Date: September 21, 2020
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and DOES 1 through 10, inclusive,
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Defendants.
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20 PROPOUNDING PARTY: Defendants, K12 HEALTH and MARIANNE J. AKERLAND
21 RESPONDING PARTY: Plaintiff, DAVID MOELLER
22 SET NO: One
23 Pursuant to California Code of Civil Procedure § 2031.210, et seq., Plaintiff DAVID
24 MOELLER (“Plaintiff”) hereby responds to Defendants K12 HEALTH’s and MARIANNE J.
25 AKERLAND’s (“Defendants”) Requests for Production of Documents, Set No. One, as follows:
26 PRELIMINARY STATEMENT
27 These responses are made solely for the purposes of this action. This Responding Party
28 provides responses to all of Defendants’ Requests for Production of Documents, Set One, to the extent
=Ls
PLAINTIFF’S RESPONSES TO DEFENDANTS’ REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
that information has become known to him. However, this Responding Party’s discovery,
investigation, and preparation for trial of this matter has not been completed as of the date of these
responses, and therefore, this Responding Party does not purport to state anything more than
information currently known and discovered by him. This preliminary statement is incorporated into
each and every response set forth below.
RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 1:
Please produce all DOCUMENTS relating to YOUR contention that YOU had earned or were
otherwise entitled to the Quarterly Managing Business Objectives that YOU claim DEFENDANTS
10 stopped paying you in 2017, as alleged in YOUR COMPLAINT.
11 RESPONSE TO REQUEST NO. 1:
12 Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents
13 sought with reasonable particularity and it is vague and overbroad as to the scope of documents that it
14 seeks. Plaintiff further objects that responsive documents are equally or more available to the
15 Propounding Party. Without waiving said objections, Plaintiff responds as follows:
16 Plaintiff will respond in whole and produce documents in the demanded category that are in the
17 possession, custody, or control of Plaintiff.
18 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 2:
19 Please produce all DOCUMENTS relating to any communications YOU had with AKERLAND relating
20 to a potential employment relationship prior to the commencement of YOUR employment relationship
2 with DEFENDANTS.
22 RESPONSE TO REQUEST NO. 2:
23 Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents
24 sought with reasonable particularity, vague as to the terms “communications” and “employment
25 relationship with DEFENDANTS,” and vague and overbroad as to the scope of documents that it seeks.
26 Plaintiff further objects that responsive documents are equally or more available to the Propounding
27 Party. Without waiving said objections, Plaintiff responds as follows:
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PLAINTIFF’S RESPONSES TO DEFENDANTS’ REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
Plaintiff will respond in whole and produce documents in the demanded category that are in the
possession, custody, or control of Plaintiff.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 3:
Please produce all DOCUMENTS related to YOUR employment with DEFENDANTS.
RESPONSE TO REQUEST NO. 3:
Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents
sought with reasonable particularity, vague as to the terms “related to YOUR employment” and
“employment with DEFENDANTS,” and vague and overbroad as to the scope of documents that it
seeks. Plaintiff reasonably interprets this request to request documents containing the employment
10 terms with Plaintiff and Defendants. Plaintiff further objects that responsive documents are equally or
11 more available to the Propounding Party. Without waiving said objections, and pursuant to Plaintiff's
12 reasonable interpretation, Plaintiff responds as follows:
13 Plaintiff will respond in whole and produce documents in the demanded category that are in the
14 possession, custody, or control of Plaintiff.
15 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 4:
16 Please produce all DOCUMENTS relating to YOUR contention that YOU suffered “damages,
17 including economic losses and lost opportunities to seek other employment that would offer pay
18 commensurate with [YOUR] skills and experience,” as a result of the alleged conduct of|
19 DEFENDANTS, as alleged in YOUR COMPLAINT.
20 RESPONSE TO REQUEST NO. 4:
21 Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents
22 sought with reasonable particularity, vague and overbroad as to the scope of documents that it seeks,
23 and compound. Plaintiff further objects that responsive documents are equally or more available to the
24 Propounding Party. Without waiving said objections, Plaintiff responds as follows:
25: Plaintiff will respond in whole and produce documents in the demanded category that are in the
26 possession, custody, or control of Plaintiff.
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PLAINTIFF’S RESPONSES TO DEFENDANTS’ REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 5:
Please produce all DOCUMENTS relating to YOUR claim of intentional misrepresentation, as alleged
in Paragraph 50 of YOUR COMPLAINT.
RESPONSE TO REQUEST NO. 5:
Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents
sought with reasonable particularity, vague as to the terms “relating to YOUR claim,” “Paragraph 50,”
and “Complaint,” and vague and overbroad as to the scope of documents that it seeks. Plaintiff further
objects that responsive documents are equally or more available to the Propounding Party. Without
waiving said objections, Plaintiff responds as follows:
10 Plaintiff will respond in whole and produce documents in the demanded category that are in the
11 possession, custody, or control of Plaintiff.
12 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 6:
13 Please produce all DOCUMENTS relating to YOUR claim that YOU were retaliated against, as
14 alleged at Paragraph 75 of YOUR COMPLAINT.
15 RESPONSE TO REQUEST NO. 6:
16 Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents
17 sought with reasonable particularity, vague as to the terms “relating to YOUR claim,” “Paragraph 75,”
18 and “Complaint,” and vague and overbroad as to the scope of documents that it seeks. Plaintiff further
19 objects that responsive documents are equally or more available to the Propounding Party. Without
20 waiving said objections, Plaintiff responds as follows:
21 Plaintiff will respond in whole and produce documents in the demanded category that are in the
22 possession, custody, or control of Plaintiff.
23 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 7:
24 Please produce all DOCUMENTS relating to YOUR claim that AKERLAND and her husband
25 improperly used corporate funds, as alleged in Paragraph 70 of YOUR COMPLAINT.
26 RESPONSE TO REQUEST NO. 7:
27 Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents
28 sought with reasonable particularity, vague as to the terms “relating to YOUR claim,” “Paragraph 70,”
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PLAINTIFF’S RESPONSES TO DEFENDANTS’ REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
and “Complaint,” and vague and overbroad as to the scope of documents that it seeks. Plaintiff further
objects that responsive documents are equally or more available to the Propounding Party. Without
waiving said objections, Plaintiff responds as follows:
Plaintiff will respond in whole and produce documents in the demanded category that are in the
possession, custody, or control of Plaintiff.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 8:
Please produce all DOCUMENTS relating to YOUR claim that YOU informed AKERLAND that her
alleged misuse of corporate funds was illegal, as alleged in Paragraph 70 of YOUR COMPLAINT.
RESPONSE TO REQUEST NO. 8:
10 Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents
11 sought with reasonable particularity, vague as to the terms “Paragraph 70” and “Complaint,” and vague
12 and overbroad as to the scope of documents that it seeks. Plaintiff further objects that responsive
13 documents are equally or more available to the Propounding Party. Without waiving said objections,
14 Plaintiff responds as follows:
15 Based upon a diligent search and a reasonable inquiry into finding the requested items, Plaintiff]
16 is unable to comply with the request at this time. Plaintiff's discovery and investigation into this matter
17 is ongoing.
18 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 9:
19 Please produce all DOCUMENTS relating to YOUR claim that K12 breached its contract with YOU, as
20 alleged in YOUR COMPLAINT.
21 RESPONSE TO REQUEST NO. 9:
22 Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents
23 sought with reasonable particularity, vague as to the terms “relating to YOUR claim” and “Complaint,”
24 and vague and overbroad as to the scope of documents that it seeks. Plaintiff further objects that
25 responsive documents are equally or more available to the Propounding Party. Without waiving said
26 objections, Plaintiff responds as follows:
27 Plaintiff will respond in whole and produce documents in the demanded category that are in the
28 possession, custody, or control of Plaintiff.
-5-
PLAINTIFF’S RESPONSES TO DEFENDANTS’ REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 10:
Please produce all DOCUMENTS relating to YOUR claim that DEFENDANTS defrauded YOU, as
alleged in YOUR COMPLAINT.
RESPONSE TO REQUEST NO. 10:
Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents
sought with reasonable particularity, vague as to the terms “relating to YOUR claim” and “Complaint,”
and vague and overbroad as to the scope of documents that it seeks. Plaintiff further objects that
responsive documents are equally or more available to the Propounding Party. In addition, Plaintiff}
objects that this request is duplicative of other preceding document requests. Without waiving said
10 objections, Plaintiff responds as follows:
11 Plaintiff will respond in whole and produce documents in the demanded category that are in the
12 possession, custody, or control of Plaintiff.
13 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 11:
14 Please produce all DOCUMENTS relating to YOUR contention that K12 breached an agreement to
15 pay YOU Quarterly Managing Business Objectives ("MBOs") as alleged in Paragraph of YOUR
16 COMPLAINT.
17 RESPONSE TO REQUEST NO. 11:
18 Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents
19 sought with reasonable particularity, vague as to the terms “relating to YOUR claim” and “Complaint,”
20 and vague and overbroad as to the scope of documents that it seeks. Plaintiff further objects that
21 responsive documents are equally or more available to the Propounding Party. In addition, Plaintiff}
22 objects that this request is duplicative of other preceding document requests. Without waiving said
23: objections, Plaintiff responds as follows:
24 Plaintiff will respond in whole and produce documents in the demanded category that are in the
25 possession, custody, or control of Plaintiff.
26
27 Mt
28 Mt
-6-
PLAINTIFF’S RESPONSES TO DEFENDANTS’ REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 12:
Please produce all DOCUMENTS relating to any discussions YOU had with anyone, prior to YOUR
signing the Employment Agreement, attached as Exhibit A to the COMPLAINT, that only a registered
nurse could be a shareholder in K12.
RESPONSE TO REQUEST NO. 12:
Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents
sought with reasonable particularity, vague as to the terms “discussions” and “Complaint,” and vague
and overbroad as to the scope of documents that it seeks. Plaintiff further objects that the request lacks
foundation, assumes facts not in evidence, and is based upon incorrect legal conclusions and incorrect
10 legal arguments. Without waiving said objections, Plaintiff responds as follows:
11 Based upon a diligent search and a reasonable inquiry into finding the requested items, Plaintiff]
12 is unable to comply with the request because the requested documents or things have never existed in
13 Plaintiff's possession.
14 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 13:
I5 Please produce all DOCUMENTS relating to any discussions YOU had with anyone, at any time,
16 regarding the requirement that only a registered nurse could be a shareholder in K12.
17 RESPONSE TO REQUEST NO. 13:
18 Objection. Plaintiff objects to this request on the grounds and to the extent that it seeks
19 information that calls for expert opinion or which is protected from disclosure under the attorney-client
20 privilege and work product doctrine. (Bus. & Prof. Code § 6149, Evid. Code §§ 952, 954.) Plaintiff]
21 further objects on the grounds that it fails to describe the documents sought with reasonable
22 particularity, vague as to the term “discussion,” and vague and overbroad as to the scope of documents
23 that it seeks. Plaintiff further objects that the request lacks foundation, assumes facts not in evidence,
24 and is based upon incorrect legal conclusions and incorrect legal arguments.
25 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 14:
26 Please produce all DOCUMENTS relating to any alleged misrepresentation that YOU claim induced
27 YOU to assent to YOUR employment relationship with DEFENDANTS, as alleged in YOUR
28 COMPLAINT.
-7-
PLAINTIFF’S RESPONSES TO DEFENDANTS’ REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
RESPONSE TO REQUEST NO. 14:
Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents
sought with reasonable particularity, vague as to the term “Complaint,” and vague and overbroad as to
the scope of documents that it seeks. Plaintiff further objects that responsive documents are equally or
more available to the Propounding Party. In addition, Plaintiff objects that this request is duplicative of
Request No. 5.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 15:
Please produce all DOCUMENTS relating to AKERLAND.
RESPONSE TO REQUEST NO. 15:
10 Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents
11 sought with reasonable particularity, vague as to the term “relating to Akerland,” and vague and
12 overbroad as to the scope of documents that it seeks. Plaintiff further objects that responsive
13 documents are equally or more available to the Propounding Party.
14 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 16:
15 Please produce all DOCUMENTS relating to K12.
16 RESPONSE TO REQUEST NO. 16:
17 Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents
18 sought with reasonable particularity, vague as to the term “relating to K12,” and vague and overbroad
19 as to the scope of documents that it seeks. Plaintiff further objects that responsive documents are
20 equally or more available to the Propounding Party.
21 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 17:
22) Please produce all DOCUMENTS identified in response to the accompanying Form Interrogatories-
23 General, Set One, propounded by DEFENDANTS.
24 RESPONSE TO REQUEST NO. 17:
25 Objection. Plaintiff objects to this request on the grounds and to the extent that it seeks
26 information that calls for expert opinion or which is protected from disclosure under the attorney-client
27 privilege and work product doctrine. (Bus. & Prof. Code § 6149, Evid. Code §§ 952, 954.) Further,
28
8
PLAINTIFF’S RESPONSES TO DEFENDANTS’ REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE
the request fails to describe the documents sought with reasonable particularity, is vague and overbroad
as to the scope of documents that it seeks, and is compound.
REQUEST FOR PRODUCTION OF DOCUMENTS NO. 18:
Please produce all DOCUMENTS identified in response to the accompanying Form Interrogatories-
Employment, Set One, propounded by DEFENDANTS.
RESPONSE TO REQUEST NO. 18:
Objection. Plaintiff objects to this request on the grounds and to the extent that it seeks
information that calls for expert opinion or which is protected from disclosure under the attorney-client
privilege and work product doctrine. (Bus. & Prof. Code § 6149, Evid. Code §§ 952, 954.) Further,
10 the request fails to describe the documents sought with reasonable particularity, is vague and overbroad
11 as to the scope of documents that it seeks, and is compound.
12 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 19:
13 Please produce all DOCUMENTS identified in response to the accompanying Special Interrogatories,
14 Set One, propounded by DEFENDANTS.
1S RESPONSE TO REQUEST NO. 19:
16 Objection. Plaintiff objects to this request on the grounds and to the extent that it seeks
17 information that calls for expert opinion or whic
Preview
ELECTRONICALLY FILED Superior Court of California, County of Placer BOUTIN JONES INC. 05/26/2020 Bruce M. Timm (SBN 199679) By: Laurel Sanders, Deputy Clerk Kimberly A. Lucia (SBN 266503) Kendall C. Fisher (SBN 322155) 555 Capitol Mall, Suite 1500 Sacramento, CA 95814 Telephone: (916) 321-4444 Fax: (916) 441-7597 Email: btimm@boutinjones.com klucia@ boutinjones.com kfisher@ boutinjones.com Attorneys for Defendants MJ Akerland, R.N., APNC dba K12 Health, and Marianne J. Akerland SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF PLACER 11 DAVID MOELLER, Case No. SCV 0042445 12 Plaintiff, DECLARATION OF KENDALL C. FISHER IN SUPPORT OF 13 Vv DEFENDANTS MJ AKERLAND, R.N, APNC dba K12 HEALTH AND 14 MJ AKERLAND, R.N. A PROFESSIONAL MARIANNE J. AKERLAND’S MOTION NURSING CORPORATION doing business as TO COMPEL FURTHER RESPONSE 15 K12 HEALTH, a Califomia Corporation; TO REQUEST FOR PRODUCTION OF MARIANNE J. AKERLAND, an individual; and DOCUMENTS FROM PLAINTIFF 16 DOES 1-10, inclusive, DAVID MOELLER; REQUEST FOR SANCTIONS 17 Defendants. DATE: August 14, 2020 18 TIME: 8:30 a.m DEPT.: 31 19 Action Filed: February 4, 2019 20 Trial Date: September 21, 2020 21 22 I, Kendall C. Fisher, declare as follows: 23 1 I am an attorney at law licensed to practice before all courts of the state of California, 24 and am an associate with the law firm of Boutin Jones Inc., attorneys for Defendants MJ Akerland, 25 R.N., APNC dba K 12 Health, and MarianneJ. Akerland (“Defendants”). I have personal knowledge 26 of the following facts: 27 HII 28 HII 1 Declaration of Kendall C. Fisher in Support of Defendants’ Motion to Compel Further Response to Request For Production of Documents from Plaintiff; Request For Sanctions 1088039.1 2 On or about May 22, 2020, I sent an email to Plaintiff David Moeller’s (“Plaintiff”) counsel to determine a mutually convenient hearing date for Defendants’ Motion to Compel Further Responses to Requests for Production. We agreed that August 14, 2020, which we reserved with the Court for the hearing on Defendants’ Motion, is available for both parties. 3 Attached hereto as Exhibit A is a true and correct copy of Defendants’ Requests for Production to Plaintiff, Set One, served on October 23, 2019. 4. Attached hereto as Exhibit B is a true and correct copy of Plaintiff's Responses to Defendants’ Requests for Production, Set One, served on December 18, 2019. 5 Between January 8, 2020 and February 4, 2020, my office exchanged several 10 communications with Plaintiff’ s counsel to meet and confer regarding the sufficiency of Plaintiff's 11 original responses to Defendants’ discovery requests, including Plaintiff’ s responses to Defendants’ 12 Requests for Production, Set One, and the absence of a privilege log. 13 6 On February 7, 2020, I spoke with Eliezer Cohen on the phone in an attempt to further 14 the parties’ meet and confer efforts. I did not agree to the contents of Plaintiff’ s Amended Responses 15 to Defendants’ Requests for Production, Set One. 16 7 Attached hereto as Exhibit C is a true and correct copy Plaintiff's Amended 17 Responses to Defendant’s Requests for Production, Set One, served on February 13, 2020. 18 8 Attached hereto as Exhibit Dis a true and correct copy of a March 31, 2020 letter my 19 office sent to Plaintiff’s counsel by email. 20 9 Attached hereto as Exhibit E is a true and correct copy of a May 4, 2020 letter my 21 office received from Plaintiff's counsel by email. 22 10. Attached hereto as Exhibit F is a true and correct copy of a May 14, 2020 letter my 23 office sent to Plaintiff’s counsel by email. 24 11. Attached hereto as ExhibitG is a true and correct copy of a chain of email exchanges 25 my office exchanged with Plaintiff’s counsel between May 14, 2020 and May 22, 2020. 26 12. On May 22, 2020, Plaintiff served Defendants with further amended responses to 27 Defendants’ Special Interrogatories, Set One. Plaintiff did not serve further amended responses to 28 any of Defendants’ other discovery requests on that day. 2 Declaration of Kendall C. Fisher in Support of Defendants’ Motion to Compel Further Response to Request For Production of Documents from Plaintiff; Request For Sanctions 1088039.1 13. I have spent not less than 7.5 hours drafting the papers in support of this motion and in conducting related research/analysis, and will spend additional time reviewing Plaintiff’s opposition and preparing Defendants’ reply brief. My hourly rate for this matter is $270. Thus, the total cost for my work in connection with this motion is not less than $2,025. My colleague, Bruce Timm, has spent not less than 0.3 of an hour in preparing the papers in support of this motion, and will also spend additional time reviewing Plaintiff's opposition and preparing Defendants’ reply brief. Mr. Timm’s hourly rate in connection with this motion is $450. Thus, the total cost for Mr. Timm’s work in connection with this motion is not less than $135. Accordingly, the attorneys’ fees incurred by Defendants in preparing this motion is not less than $2,160, in addition to the $60 filing 10 fee. 11 I declare, under penalty of perjury, under the laws of the state of Califomia, that the foregoing 12 is true and correct. Executed on this 26th day of May 2020, at Sacramento, Califomia. 13 14 APn --------+ (47 KENDALL C. FISHER 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Declaration of Kendall C. Fisher in Support of Defendants’ Motion to Compel Further Response to Request For Production of Documents from Plaintiff; Request For Sanctions 1088039.1 EXHIBIT A EXHIBIT A BOUTIN JONES INC. Bruce M. Timm (SBN 199679) Kimberly A. Lucia (SBN 266503) Michael G. Cross (SBN 268999) Kendall C. Fisher (SBN 322155) 555 Capitol Mall, Suite 1500 Sacramento, CA 95814 Telephone: (916) 321-4444 Fax: (916) 441-7597 Email: btimm@boutinjones.com klucia@boutinjones.com mcross@boutinjones.com kfisher@boutinjones.com Attorneys for Defendants MJ Akerland, R.N., APNC dba K12 Health, and Marianne J. Akerland 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA ll COUNTY OF PLACER 12 DAVID MOELLER, Case No. SCV 0042445 13 Plaintiff, DEFENDANTS MJ AKERLAND, R.N., APNC dba K12 HEALTH AND 14 Vv. MARIANNE J. AKERLAND’S REQUESTS FOR PRODUCTION OF bs MJ AKERLAND, R.N. A PROFESSIONAL DOCUMENTS TO PLAINTIFF DAVID NURSING CORPORATION doing business as MOELLER, SET ONE 16 K12 HEALTH, a California Corporation; MARIANNE J. AKERLAND, an individual; and 17 DOES 1-10, inclusive, 18 Defendants. Action Filed: February 4, 2019 19 Trial Date: None Set 20 PROPOUNDING PARTIES: Defendants MJ AKERLAND, R.N., APNC dba K12 HEALTH and MARIANNE J. AKERLAND 21 22 RESPONDING PARTY: Plaintiff DAVID MOELLER 23) SET NUMBER: One 24 Pursuant to Code of Civil Procedure section 2031.010 et seq., Defendants MJ AKERLAND, 25 RN., APNC dba K12 HEALTH and MARIANNE J. AKERLAND request that PLAINTIFF DAVID 26 MOELLER respond, produce, and permit inspection and photocopying of all of the documents 27 which are described below in this Request for Production of Documents, Set One. The documents 28 are to be produced at the offices of Boutin Jones Inc., 555 Capitol Mall, Suite 1500, Sacramento, 1 Defendants MJ Akerland, R.N., APNC dba K12 Health and Marianne J. Akerland’s Requests for Production of Documents to Plaintiff David Moeller, Set One 1040166.2 California 95814 within thirty (30) days from the date of service. DEFINITIONS As used herein, the following terms have the meaning and significance set forth below, unless otherwise specifically indicated: 1 The words “YOU” or “YOUR” shall mean PLAINTIFF DAVID MOELLER. 2 The word “AKERLAND” shall mean MARIANNE J. AKERLAND in her individual capacity. 3 The word “K12” shall mean MJ AKERLAND, R.N., A PROFESSIONAL NURSING CORPORATION d/b/a K12 HEALTH. 10 4 The word “DEFENDANTS” shall mean MJ AKERLAND, RN., A 11 PROFESSIONAL NURSING CORPORATION d/b/a K12 HEALTH, and MARIANNE J. 12 AKERLAND, in her individual capacity. 13 5 The word “COMPLAINT” shall mean the Complaint filed in the above-entitled Court 14 on or about February 4, 2019. 15 6 The words “DOCUMENT” or “DOCUMENTS?” shall mean and include all written, 16 recorded, or graphic materials, however produced or reproduced, whether or not privileged, 17 pertaining in any way to the subject matter of this action, including, but not limited to, any and all 18 originals, copies, or drafts or any and all of the following: records; notes; summaries; schedules; 19 contracts or agreements; drawings; sketches; invoices; orders of acknowledgment; diaries; journals; 20 reports; memoranda of telephone or in-person conversations by or with any person, or other 21 memoranda; electronic mail; electronically stored or retrievable data; text message communications; 22 letters; telegrams, telexes, or cables received; drafts, originals or copies of letters, cables, telexes, or 23 telegrams sent; tapes, transcripts or recordings; photographs, pictures or films; text or data 24 documents, files, or records generated by or maintained in any computers, including backup 25 documents, files or records, which have been transferred from any computers onto any medium, 26 such as tape, disk, or compact disk; or other graphic, recorded written material of whatever nature 27 and other “writings” of any kind as that term is defined in Section 250 of the California Evidence 28 Code, and Rule 1001 of the Federal Rules of Evidence, including the definition of “photograph.” 2 Defendants MJ Akerland, R.N., APNC dba K 12 Health and Marianne J. Akerland’s Requests for Production of Documents to Plaintiff David Moeller, Set One 1040166.2 7 The words “PERSON” or “PERSONS” mean all entities of any description, and includes all individuals, associations, companies, partnerships, joint ventures, corporations, trusts, and estates. DOCUMENTS REQUESTED REQUEST NO. 1 Please produce all DOCUMENTS relating to YOUR contention that YOU had earned or were otherwise entitled to the Quarterly Managing Business Objectives that YOU claim DEFENDANTS stopped paying you in 2017, as alleged in YOUR COMPLAINT. REQUEST NO. 2 10 Please produce all DOCUMENTS relating to any communications YOU had with IL AKERLAND relating to a potential employment relationship prior to the commencement of YOUR 12 employment relationship with DEFENDANTS. 13 REQUEST NO. 3 14 Please produce all DOCUMENTS related to YOUR employment with DEFENDANTS. 15 REQUEST NO. 4 16 Please produce all DOCUMENTS relating to YOUR contention that YOU suffered 17 “damages, including economic losses and lost opportunities to seek other employment that would 18 offer pay commensurate with [YOUR] skills and experience,” as a result of the alleged conduct of| 19 DEFENDANTS, as alleged in YOUR COMPLAINT. 20 REQUEST NO. 5 21 Please produce all DOCUMENTS relating to YOUR claim of intentional misrepresentation, 22 as alleged in Paragraph 50 of YOUR COMPLAINT. 23 RE UEST NO. 6 24 Please produce all DOCUMENTS relating to YOUR claim that YOU were retaliated against, 25 as alleged at Paragraph 75 of YOUR COMPLAINT. 26 REQUEST NO. 7 27 Please produce all DOCUMENTS relating to YOUR claim that AKERLAND and her 28 husband improperly used corporate funds, as alleged in Paragraph 70 of YOUR COMPLAINT. 3 Defendants MJ Akerland, R.N., APNC dba K12 Health and Marianne J. Akerland’s Requests for Production of Documents to Plaintiff David Moeller, Set One 1040166.2 REQUEST NO. 8 Please produce all DOCUMENTS relating to YOUR claim that YOU informed AKERLAND that her alleged misuse of corporate funds was illegal, as alleged at Paragraph 70 of YOUR COMPLAINT. REQUEST NO. 9 Please produce all DOCUMENTS relating to YOUR claim that K12 breached its contract with YOU, as alleged in YOUR COMPLAINT. REQUEST NO. 10 Please produce all DOCUMENTS relating to YOUR claim that DEFENDANTS defrauded 10 YOU, as alleged in YOUR COMPLAINT. 11 REQUEST NO. 11 12 Please produce all DOCUMENTS relating to YOUR contention that K12 breached an 13 agreement to pay YOU Quarterly Managing Business Objectives (“MBOs”) as alleged in Paragraph 14 44 of YOUR COMPLAINT. 15 REQUEST NO. 12 16 Please produce all DOCUMENTS relating to any discussions YOU had with anyone, prior to 17 YOUR signing the Employment Agreement, attached as Exhibit A to the COMPLAINT, that only a 18 registered nurse could be a shareholder in K12. 19 REQUEST NO. 13 20 Please produce all DOCUMENTS relating to any discussions YOU had with anyone, at any 21 time, regarding the requirement that only a registered nurse could be a shareholder in K12. 22 REQUEST NO. 14 23 Please produce all DOCUMENTS relating to any alleged misrepresentation that YOU claim 24 induced YOU to assent to YOUR employment relationship with DEFENDANTS, as alleged in 25 YOUR COMPLAINT. 26 REQUEST NO. 15 27 Please produce all DOCUMENTS relating to AKERLAND. 28 Mf 4 Defendants MJ Akerland, R.N., APNC dba K12 Health and Marianne J. Akerland’s Requests for Production of Documents to Plaintiff David Moeller, Set One 1040166.2 REQUEST NO. 16 Please produce all DOCUMENTS relating to K12. REQUEST NO. 17 Please produce all DOCUMENTS identified in response to the accompanying Form Interrogatories—General, Set One, propounded by DEFENDANTS. REQUEST NO. 18 Please produce all DOCUMENTS identified in response to the accompanying Form Interrogatories—Employment, Set One, propounded by DEFENDANTS. REQUEST NO. 19 10 Please produce all DOCUMENTS identified in response to the accompanying Special ll Interrogatories, Set One, propounded by DEFENDANTS. 12 REQUEST NO. 20 13 Please produce all DOCUMENTS, including any and all journals, notes, diaries, 14 chronologies, and/or other memoranda, that relate to YOUR employment with DEFENDANTS. 15 REQUEST NO. 21 16 Please produce all DOCUMENTS, including any and all journals, notes, diaries, 17 chronologies, and/or other memoranda, that relate to the allegations in YOUR COMPLAINT. 18 REQUEST NO. 22 19 Please produce all DOCUMENTS relating to any communications between YOU and any 20 PERSON relating to YOUR COMPLAINT. 21 REQUEST NO. 23 22 Please produce all DOCUMENTS relating to any communications between YOU and the 23 California Department of Fair Employment and Housing relating to the allegations in YOUR 24 COMPLAINT. 25 REQUEST NO. 24 26 Please produce all DOCUMENTS prepared by YOU relating to the allegations and events 27 alleged in YOUR COMPLAINT. 28 Hd 5 Defendants MJ Akerland, R.N., APNC dba K12 Health and Marianne J. Akerland’s Requests for Production of Documents to Plaintiff David Moeller, Set One 1040166.2 REQUEST NO. 25 Please produce all DOCUMENTS relating to YOUR efforts to locate employment following the termination of YOUR employment with DEFENDANTS. REQUEST NO. 26 Please produce all DOCUMENTS relating to any communications YOU had with any of DEFENDANTS? employees after the termination of YOUR employment with DEFENDANTS, regarding the circumstances and events alleged in YOUR COMPLAINT. REQUEST NO. 27 Please produce all DOCUMENTS relating to the at-will nature of YOUR employment 10 relationship with K12. 11 REQUEST NO. 28 12 Please produce all DOCUMENTS relating to the Employment Agreement between YOU and 13 K12. 14 REQUEST NO. 29 z 15 Please produce all DOCUMENTS relating to any other sources of income that YOU had 16 while employed with K12. 17 REQUEST NO. 30 18 Please produce all DOCUMENTS relating to YOUR alleged emotional distress that YOU 19 claim YOU suffered following YOUR termination from K12, as alleged in Paragraph 15 of YOUR 20 COMPLAINT. 21 REQUEST NO. 31 22. Please produce all DOCUMENTS relating to any emotional distress that YOU suffered prior 23 to YOUR termination from K12. 24 REQUEST NO. 32 25 Please produce all DOCUMENTS relating to YOUR statement to AKERLAND on January 26 31, 2018 that YOU knew YOU could not be a shareholder in K12 at the time YOU signed the 27 Employment Agreement, attached as Exhibit A to YOUR COMPLAINT. 28 iif 6 Defendants MJ Akerland, R.N., APNC dba K12 Health and Marianne J. Akerland’s Requests for Production of Documents to Plaintiff David Moeller, Set One 1040166.2 REQUEST NO. 33 Please produce all DOCUMENTS relating to YOUR indication to AKERLAND on February 1, 2018 that YOU knew YOU could not be a shareholder in K12 at the time YOU signed the Employment Agreement, attached as Exhibit A to YOUR COMPLAINT. REQUEST NO. 34 Please produce all DOCUMENTS relating to, produced by, or otherwise referencing the QuickBooks software system as used by K12. REQUEST NO. 35 Please produce all DOCUMENTS relating to the finances of K12 and/or AKERLAND. 10 11 Dated: October 23, 2019 BOUTIN JONES INC. 12 13 By: J he _ BRUCE M. TIMM 14 Attorneys for Defendants MJ Akerland, R.N., APNC 15 dba K12 Health, and Marianne J. Akerland 16 17 18 19 20 21 22 23 24 25 26 27 28 7 Defendants MJ Akerland, R.N., APNC dba K12 Health and Marianne J. Akerland’s Requests for Production of Documents to Plaintiff David Moeller, Set One 1040166.2 PROOF OF SERVICE I am employed in the County of Sacramento; my business address is 555 Capitol Mall, Suite 1500, Sacramento, California 95814. I am over the age of eighteen years and not a party to the foregoing action. I am readily familiar with the business practice at my place of business for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service that same day in the ordinary course of business. On October 23, 2019, I served the within: DEFENDANTS MJ AKERLAND, R.N., APNC dba K12 HEALTH AND MARIANNE J. AKERLAND’S REQUESTS FOR PRODUCTION OF DOCUMENTS TO PLAINTIFF DAVID MOELLER, SET ONE 10 by mail on all parties in said action by regular, first class United States mail, postage fully pre-paid, by placing a true copy thereof enclosed in a sealed envelope in a 11 designated area for outgoing mail, addressed as set forth below. At Boutin Jones Inc., mail placed in that designated area is given the correct amount of postage and is 12 deposited that same day, in the ordinary course of business, in a United States mailbox in the City of Sacramento, California. 13 by personally delivering a true copy thereof, in accordance with Code of Civil 14 Procedure § 1011, to the person(s) and at the address(es) set forth below. 15 by overnight delivery on the following party(ies) in said action, in accordance with Code of Civil Procedure § 1013(c), by placing a true copy thereof enclosed in a sealed 16 envelope, with delivery fees paid or provided for, and delivering that envelope to an vernight express service carrier as defined in Code of Civil Procedure § 1013(c). 17 by e-mail or electronic transmission on all parties in said action, based on a court 18 order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the document(s) to be sent to the person(s) at the e-mail 19 address(es) listed. I did not receive, within a reasonable time after the transmission any electronic message or other indication that the transmission was unsuccessful. 20 | J. Edward Brooks 21 | Ognian Gavrilov Benjamin Merritt 22, GAVRILOV & BROOKS 2315 Capitol Avenue 23 Sacramento, CA 95816 Telephone: (916) 504-0529 24 Fax: (916) 473-5870 Email: ebrooks@gavrilovlaw.com 25 —< 26 Hf 27 ‘ft ag il /// 8 Proof of Service 1041463.1 I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct and that this document was executed on October 23, 2019. LINDA K. VALLIN 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 Proof of Service 1041463.1 EXHIBIT B EXHIBIT B J. EDWARD BROOKS, State Bar No. 247767 ELIEZER COHEN, State Bar No. 302248 GAVRILOV & BROOKS 2315 Capitol Avenue Sacramento, CA 95816 Telephone: (916) 504-0529 Facsimile: (916) 473-5870 Email: ebrooks@gavrilovlaw.com Attorneys for Plaintiff DAVID MOELLER SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER 10 DAVID MOELLER, Case No. S-CV-0042445 11 Plaintiff, PLAINTIFF’S RESPONSE TO 12 DEFENDANTS’ REQUESTS FOR Vv. PRODUCTION OF DOCUMENTS, SET 13 ONE 14 MJ AKERLAND, R.N., A PROFESSIONAL NURSING CORPORATION doing business 15 as K12 HEALTH, a California Corporation; Complaint Filed: February 4, 2019 MARIANNE J. AKERLAND, an individual; Trial Date: September 21, 2020 16 and DOES 1 through 10, inclusive, 17 Defendants. 18 19 20 PROPOUNDING PARTY: Defendants, K12 HEALTH and MARIANNE J. AKERLAND 21 RESPONDING PARTY: Plaintiff, DAVID MOELLER 22 SET NO: One 23 Pursuant to California Code of Civil Procedure § 2031.210, et seq., Plaintiff DAVID 24 MOELLER (“Plaintiff”) hereby responds to Defendants K12 HEALTH’s and MARIANNE J. 25 AKERLAND’s (“Defendants”) Requests for Production of Documents, Set No. One, as follows: 26 PRELIMINARY STATEMENT 27 These responses are made solely for the purposes of this action. This Responding Party 28 provides responses to all of Defendants’ Requests for Production of Documents, Set One, to the extent =Ls PLAINTIFF’S RESPONSES TO DEFENDANTS’ REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE that information has become known to him. However, this Responding Party’s discovery, investigation, and preparation for trial of this matter has not been completed as of the date of these responses, and therefore, this Responding Party does not purport to state anything more than information currently known and discovered by him. This preliminary statement is incorporated into each and every response set forth below. RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS REQUEST FOR PRODUCTION OF DOCUMENTS NO. 1: Please produce all DOCUMENTS relating to YOUR contention that YOU had earned or were otherwise entitled to the Quarterly Managing Business Objectives that YOU claim DEFENDANTS 10 stopped paying you in 2017, as alleged in YOUR COMPLAINT. 11 RESPONSE TO REQUEST NO. 1: 12 Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents 13 sought with reasonable particularity and it is vague and overbroad as to the scope of documents that it 14 seeks. Plaintiff further objects that responsive documents are equally or more available to the 15 Propounding Party. Without waiving said objections, Plaintiff responds as follows: 16 Plaintiff will respond in whole and produce documents in the demanded category that are in the 17 possession, custody, or control of Plaintiff. 18 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 2: 19 Please produce all DOCUMENTS relating to any communications YOU had with AKERLAND relating 20 to a potential employment relationship prior to the commencement of YOUR employment relationship 2 with DEFENDANTS. 22 RESPONSE TO REQUEST NO. 2: 23 Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents 24 sought with reasonable particularity, vague as to the terms “communications” and “employment 25 relationship with DEFENDANTS,” and vague and overbroad as to the scope of documents that it seeks. 26 Plaintiff further objects that responsive documents are equally or more available to the Propounding 27 Party. Without waiving said objections, Plaintiff responds as follows: 28 -2- PLAINTIFF’S RESPONSES TO DEFENDANTS’ REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE Plaintiff will respond in whole and produce documents in the demanded category that are in the possession, custody, or control of Plaintiff. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 3: Please produce all DOCUMENTS related to YOUR employment with DEFENDANTS. RESPONSE TO REQUEST NO. 3: Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents sought with reasonable particularity, vague as to the terms “related to YOUR employment” and “employment with DEFENDANTS,” and vague and overbroad as to the scope of documents that it seeks. Plaintiff reasonably interprets this request to request documents containing the employment 10 terms with Plaintiff and Defendants. Plaintiff further objects that responsive documents are equally or 11 more available to the Propounding Party. Without waiving said objections, and pursuant to Plaintiff's 12 reasonable interpretation, Plaintiff responds as follows: 13 Plaintiff will respond in whole and produce documents in the demanded category that are in the 14 possession, custody, or control of Plaintiff. 15 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 4: 16 Please produce all DOCUMENTS relating to YOUR contention that YOU suffered “damages, 17 including economic losses and lost opportunities to seek other employment that would offer pay 18 commensurate with [YOUR] skills and experience,” as a result of the alleged conduct of| 19 DEFENDANTS, as alleged in YOUR COMPLAINT. 20 RESPONSE TO REQUEST NO. 4: 21 Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents 22 sought with reasonable particularity, vague and overbroad as to the scope of documents that it seeks, 23 and compound. Plaintiff further objects that responsive documents are equally or more available to the 24 Propounding Party. Without waiving said objections, Plaintiff responds as follows: 25: Plaintiff will respond in whole and produce documents in the demanded category that are in the 26 possession, custody, or control of Plaintiff. 27 28 Mt $= PLAINTIFF’S RESPONSES TO DEFENDANTS’ REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE REQUEST FOR PRODUCTION OF DOCUMENTS NO. 5: Please produce all DOCUMENTS relating to YOUR claim of intentional misrepresentation, as alleged in Paragraph 50 of YOUR COMPLAINT. RESPONSE TO REQUEST NO. 5: Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents sought with reasonable particularity, vague as to the terms “relating to YOUR claim,” “Paragraph 50,” and “Complaint,” and vague and overbroad as to the scope of documents that it seeks. Plaintiff further objects that responsive documents are equally or more available to the Propounding Party. Without waiving said objections, Plaintiff responds as follows: 10 Plaintiff will respond in whole and produce documents in the demanded category that are in the 11 possession, custody, or control of Plaintiff. 12 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 6: 13 Please produce all DOCUMENTS relating to YOUR claim that YOU were retaliated against, as 14 alleged at Paragraph 75 of YOUR COMPLAINT. 15 RESPONSE TO REQUEST NO. 6: 16 Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents 17 sought with reasonable particularity, vague as to the terms “relating to YOUR claim,” “Paragraph 75,” 18 and “Complaint,” and vague and overbroad as to the scope of documents that it seeks. Plaintiff further 19 objects that responsive documents are equally or more available to the Propounding Party. Without 20 waiving said objections, Plaintiff responds as follows: 21 Plaintiff will respond in whole and produce documents in the demanded category that are in the 22 possession, custody, or control of Plaintiff. 23 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 7: 24 Please produce all DOCUMENTS relating to YOUR claim that AKERLAND and her husband 25 improperly used corporate funds, as alleged in Paragraph 70 of YOUR COMPLAINT. 26 RESPONSE TO REQUEST NO. 7: 27 Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents 28 sought with reasonable particularity, vague as to the terms “relating to YOUR claim,” “Paragraph 70,” -4- PLAINTIFF’S RESPONSES TO DEFENDANTS’ REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE and “Complaint,” and vague and overbroad as to the scope of documents that it seeks. Plaintiff further objects that responsive documents are equally or more available to the Propounding Party. Without waiving said objections, Plaintiff responds as follows: Plaintiff will respond in whole and produce documents in the demanded category that are in the possession, custody, or control of Plaintiff. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 8: Please produce all DOCUMENTS relating to YOUR claim that YOU informed AKERLAND that her alleged misuse of corporate funds was illegal, as alleged in Paragraph 70 of YOUR COMPLAINT. RESPONSE TO REQUEST NO. 8: 10 Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents 11 sought with reasonable particularity, vague as to the terms “Paragraph 70” and “Complaint,” and vague 12 and overbroad as to the scope of documents that it seeks. Plaintiff further objects that responsive 13 documents are equally or more available to the Propounding Party. Without waiving said objections, 14 Plaintiff responds as follows: 15 Based upon a diligent search and a reasonable inquiry into finding the requested items, Plaintiff] 16 is unable to comply with the request at this time. Plaintiff's discovery and investigation into this matter 17 is ongoing. 18 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 9: 19 Please produce all DOCUMENTS relating to YOUR claim that K12 breached its contract with YOU, as 20 alleged in YOUR COMPLAINT. 21 RESPONSE TO REQUEST NO. 9: 22 Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents 23 sought with reasonable particularity, vague as to the terms “relating to YOUR claim” and “Complaint,” 24 and vague and overbroad as to the scope of documents that it seeks. Plaintiff further objects that 25 responsive documents are equally or more available to the Propounding Party. Without waiving said 26 objections, Plaintiff responds as follows: 27 Plaintiff will respond in whole and produce documents in the demanded category that are in the 28 possession, custody, or control of Plaintiff. -5- PLAINTIFF’S RESPONSES TO DEFENDANTS’ REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE REQUEST FOR PRODUCTION OF DOCUMENTS NO. 10: Please produce all DOCUMENTS relating to YOUR claim that DEFENDANTS defrauded YOU, as alleged in YOUR COMPLAINT. RESPONSE TO REQUEST NO. 10: Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents sought with reasonable particularity, vague as to the terms “relating to YOUR claim” and “Complaint,” and vague and overbroad as to the scope of documents that it seeks. Plaintiff further objects that responsive documents are equally or more available to the Propounding Party. In addition, Plaintiff} objects that this request is duplicative of other preceding document requests. Without waiving said 10 objections, Plaintiff responds as follows: 11 Plaintiff will respond in whole and produce documents in the demanded category that are in the 12 possession, custody, or control of Plaintiff. 13 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 11: 14 Please produce all DOCUMENTS relating to YOUR contention that K12 breached an agreement to 15 pay YOU Quarterly Managing Business Objectives ("MBOs") as alleged in Paragraph of YOUR 16 COMPLAINT. 17 RESPONSE TO REQUEST NO. 11: 18 Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents 19 sought with reasonable particularity, vague as to the terms “relating to YOUR claim” and “Complaint,” 20 and vague and overbroad as to the scope of documents that it seeks. Plaintiff further objects that 21 responsive documents are equally or more available to the Propounding Party. In addition, Plaintiff} 22 objects that this request is duplicative of other preceding document requests. Without waiving said 23: objections, Plaintiff responds as follows: 24 Plaintiff will respond in whole and produce documents in the demanded category that are in the 25 possession, custody, or control of Plaintiff. 26 27 Mt 28 Mt -6- PLAINTIFF’S RESPONSES TO DEFENDANTS’ REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE REQUEST FOR PRODUCTION OF DOCUMENTS NO. 12: Please produce all DOCUMENTS relating to any discussions YOU had with anyone, prior to YOUR signing the Employment Agreement, attached as Exhibit A to the COMPLAINT, that only a registered nurse could be a shareholder in K12. RESPONSE TO REQUEST NO. 12: Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents sought with reasonable particularity, vague as to the terms “discussions” and “Complaint,” and vague and overbroad as to the scope of documents that it seeks. Plaintiff further objects that the request lacks foundation, assumes facts not in evidence, and is based upon incorrect legal conclusions and incorrect 10 legal arguments. Without waiving said objections, Plaintiff responds as follows: 11 Based upon a diligent search and a reasonable inquiry into finding the requested items, Plaintiff] 12 is unable to comply with the request because the requested documents or things have never existed in 13 Plaintiff's possession. 14 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 13: I5 Please produce all DOCUMENTS relating to any discussions YOU had with anyone, at any time, 16 regarding the requirement that only a registered nurse could be a shareholder in K12. 17 RESPONSE TO REQUEST NO. 13: 18 Objection. Plaintiff objects to this request on the grounds and to the extent that it seeks 19 information that calls for expert opinion or which is protected from disclosure under the attorney-client 20 privilege and work product doctrine. (Bus. & Prof. Code § 6149, Evid. Code §§ 952, 954.) Plaintiff] 21 further objects on the grounds that it fails to describe the documents sought with reasonable 22 particularity, vague as to the term “discussion,” and vague and overbroad as to the scope of documents 23 that it seeks. Plaintiff further objects that the request lacks foundation, assumes facts not in evidence, 24 and is based upon incorrect legal conclusions and incorrect legal arguments. 25 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 14: 26 Please produce all DOCUMENTS relating to any alleged misrepresentation that YOU claim induced 27 YOU to assent to YOUR employment relationship with DEFENDANTS, as alleged in YOUR 28 COMPLAINT. -7- PLAINTIFF’S RESPONSES TO DEFENDANTS’ REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE RESPONSE TO REQUEST NO. 14: Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents sought with reasonable particularity, vague as to the term “Complaint,” and vague and overbroad as to the scope of documents that it seeks. Plaintiff further objects that responsive documents are equally or more available to the Propounding Party. In addition, Plaintiff objects that this request is duplicative of Request No. 5. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 15: Please produce all DOCUMENTS relating to AKERLAND. RESPONSE TO REQUEST NO. 15: 10 Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents 11 sought with reasonable particularity, vague as to the term “relating to Akerland,” and vague and 12 overbroad as to the scope of documents that it seeks. Plaintiff further objects that responsive 13 documents are equally or more available to the Propounding Party. 14 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 16: 15 Please produce all DOCUMENTS relating to K12. 16 RESPONSE TO REQUEST NO. 16: 17 Objection. Plaintiff objects to this request on the grounds that it fails to describe the documents 18 sought with reasonable particularity, vague as to the term “relating to K12,” and vague and overbroad 19 as to the scope of documents that it seeks. Plaintiff further objects that responsive documents are 20 equally or more available to the Propounding Party. 21 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 17: 22) Please produce all DOCUMENTS identified in response to the accompanying Form Interrogatories- 23 General, Set One, propounded by DEFENDANTS. 24 RESPONSE TO REQUEST NO. 17: 25 Objection. Plaintiff objects to this request on the grounds and to the extent that it seeks 26 information that calls for expert opinion or which is protected from disclosure under the attorney-client 27 privilege and work product doctrine. (Bus. & Prof. Code § 6149, Evid. Code §§ 952, 954.) Further, 28 8 PLAINTIFF’S RESPONSES TO DEFENDANTS’ REQUESTS FOR PRODUCTION OF DOCUMENTS, SET ONE the request fails to describe the documents sought with reasonable particularity, is vague and overbroad as to the scope of documents that it seeks, and is compound. REQUEST FOR PRODUCTION OF DOCUMENTS NO. 18: Please produce all DOCUMENTS identified in response to the accompanying Form Interrogatories- Employment, Set One, propounded by DEFENDANTS. RESPONSE TO REQUEST NO. 18: Objection. Plaintiff objects to this request on the grounds and to the extent that it seeks information that calls for expert opinion or which is protected from disclosure under the attorney-client privilege and work product doctrine. (Bus. & Prof. Code § 6149, Evid. Code §§ 952, 954.) Further, 10 the request fails to describe the documents sought with reasonable particularity, is vague and overbroad 11 as to the scope of documents that it seeks, and is compound. 12 REQUEST FOR PRODUCTION OF DOCUMENTS NO. 19: 13 Please produce all DOCUMENTS identified in response to the accompanying Special Interrogatories, 14 Set One, propounded by DEFENDANTS. 1S RESPONSE TO REQUEST NO. 19: 16 Objection. Plaintiff objects to this request on the grounds and to the extent that it seeks 17 information that calls for expert opinion or whic