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Electronically Filed
LEWIS BRISBOIS BISGAARD & SMITH LLP 2/26/2021 9:55 AM
BRIAN SLOME, SB#238134 Superior Court of California
Email: Brian.Slome@lewisbrisbois.com County of Stanislaus
JESSICA L. BEELER, SB#268939 Clerk of the Court
E-Mail: Jessica Beeler@lewisbrisbois.com By: Mouang Saechao, Deputy
333 Bush Street, Suite 1100
San Francisco, Califomia 94104-2872
‘Telephone: 415.362.2580
Facsimile: 415.434.0882
Attomeys for Defendant Vemon Gant, an Individual and
dba Law Office Of Gant And Gant
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF STANISLAUS
10
11 STACEY CARLSON, an individual, CASE NO. 2017458
Plaintiff, SUPPLEMENTAL DECLARATION OF
BRIAN SLOME IN SUPPORT OF REPLY
vs.
4 VERNON F. GANT, an individual and doi: [Assigned for All Purposes to Judge John D.
business as the LAW OFFICE OF GANT & Freeland, Dept. 23]
GANT, and DOES 1 through 20, inclusive,
Action Filed: October 26, 2015
16 Defendants. Trial Date: July 13, 2021
17
Date: March5 2021
Time: &Vam
Dept: 23
I, Brian Slome, declare:
1 I aman attomey at law duly licensed to practice law before all of the Courts
of the
State of Califomia, and am a partner in the law firm of Lewis Brisbois Bisgaard, & Smith LLP,
attomeys of record for Defendant Vemon Gant, an Individual and dba Law Office Of Gant and
Gant.
2. I am familiar with the facts and law in this case and have personal firsthand
knowledge
of the facts stated herein. As to those matters stated upon information and belief, I
believe
them to be true. If called as a witness I could and would competently testify to the
LEWIS following.
BRISBOIS
BISGAARD 4833-9183-2286.1 1
& SMITH UP
ATIORNEYSAT LAW SUPPLEMENTAL DECLARATION OF BRIAN SLOME IN SUPPORT OF REPLY
3, Attached
as Exhibit 1 is a true and correct copy of the Notice of Motion and
Motion for Summary Judgment filed in this case on or about February 16, 2018
4. Attached
as Exhibit 2 is a true and correct
copy of a letter
dated January 14, 2021,
my office prepared to William Broderick-Villa and Mr. Crabtree enclosing outstanding discovery
due int his matter. Mr. Broderick-Villa did not respond to the letter or discovery.
5, I believe Mr. Gant will be prejudiced
and his due process rights affected
if he is not
allowed a hearing on the summary judgment on or about March 5. The motion
was filed 199 days
Puior to the date it is set for hearing.
6. Mr. Gant’s motion for summary judgment raises completely different issues than
10 his prior motion. Therefore, Mr. Gant has a statutory right to have his motion heard.
11 I declare under penalty of perjury under the laws of the State of Califomia that the
foregoing is true and correct.
B Executed this 26" day of February 2021 at San Diego, Califomia.
4
16 TSan Slaex
17 Brian Slome
LEWIS
BRISBOIS
BISGAARD 4833-9183-2286.1 2
& SMITH UP
ATIORNEYSAT LAW SUPPLEMENTAL DECLARATION OF BRIAN SLOME IN SUPPORT OF REPLY
Exhibit “1”
Exhibit “1”
4818-7285-9834.
1s
LEWIS BRISBOIS BISGAARD & SMITH LLP
BRIAN SLOME, SB# 238134
Email: Brian.Slome@lewisbrisbois.com aU
ELIZABETH M. DOOLEY, SB# 289510
Email: Elizabeth. Dooley@lewisbrisbois.com LAU
333 Bush Street, Suite 1100
a—;,——
San Francisco, California 94104-2872 ‘Tiss vend Y
Telephone: 415.362.2580
Facsimile: 415.434.0882
Attorneys for Defendant Vernon Gant, an individual and
dba Law Office of Gant & Gant
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF STANISLAUS
FILED BY FAX
11 STACEY CARLSON, an individual, CASE NO. 2017458
[Assigned for All Purposes to Judge John D.
12 Plaintiff, Freeland, Dept. 23]
13 vs.
DEFENDANT VERNON F. GANT, AN
14 VERNON F. GANT, an individual and doing INDIVIDUAL AND DOING BUSINESS AS
business as the LAW OFFICE OF GANT & THE LAW OFFICE OF GANT & GANT’S
15 GANT, and DOES 1 through 20, inclusive, RE-NOTICE OF MOTION AND MOTION
FOR SUMMARY JUDGMENT
16 Defendants.
Date: June 13, 2018
17
Time: 8:30 a.m.
18 Dept.: 23
19 Action Filed: October 26, 2015
Trial Date: None Set
20
21 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
22 PLEASE TAKE NOTICE that on June 13, 2018, at 8:30 a.m. (previously noticed for
23 April 25, 2018, at 8:30 a.m.), or as soon thereafter as the matter may be heard, in Department 23,
24 of the Stanislaus County Superior Court, located at 801 10th Street, Modesto, California,
25 Defendant Vernon Gant, an individual and doing business as the Law Office of Gant & Gant will
26 (“Vernon”), and hereby does, move the Court for summary judgment against Plaintiff Stacey
27 Carlson (“Stacey”) pursuant to Code of Civil Procedure section 437c.
28 Vernon’s motion for summary judgment is based on the fact that there is no triable issue of
L
BRISBOIS 4843-3266-4925.1
1
BISGAARD DEFENDANT VERNON F. GANT, AN INDIVIDUAL AND DOING BUSINESS AS THE LAW OFFICE OF GANT
ATIORNEWS ATLAW & GANT’S RE-NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT
material fact and Stacey’s complaint is barred by the statute of limitations. (Code Civ. Proc., §
340.6.) Vernon’s motion is also based on the fact that he is not the cause of any of the harm
Stacey alleges to have suffered by way of her complaint. (Thompson v. Halvonik (1995) 36
Cal.App.4th 657; Carlton v. Quint (2000) 77 Cal.App.4th 690.) Stacey claims to have been
damaged in the form of attorney fees expended defending estate planning documents in an
underlying probate proceeding. Stacey and her counsel elected to expend those fees knowing the
estate planning documents were, at best, void.
Finally, Stacey’s claims fail because she is guilty of fraud, perjury, and undue influence.
She has unclean hands which bar her lawsuit. (Blain v. Doctor’s Company (1990) 222 Cal.App.3d
10 1048, 1060.)
11 This motion is based upon this Notice of Motion and Motion, the Memorandum of Points
12 and Authorities, the Separate Statement of Undisputed Material Facts, the Declaration of Elizabeth
13 M. Dooley, Declaration of Vernon Gant, Declaration of Lou Schofield, Request for Judicial
14 Notice, Volumes of Evidence, and all documents and records on file herein, including the
15 Complaints herein, and any additional oral or documentary evidence and oral argument as may be
16 presented at the hearing on this matter.
17
18 DATED: February 16, 2018 LEWIS BRISBOIS BISGAARD & SMITH LLP
19
By: Lozabe tee. Jévtss)
20 Brian Slome
Elizabeth M. Dooley
21
Attorneys for Defendant, VERNON F. GANT, an
22 individual and dba LAW OFFICE OF GANT &
GANT
23
24
25
26
27
28
LEWIS 4843-3266-4925. 1
BRISBOIS 2
BISGAARD DEFENDANT VERNON F. GANT, AN INDIVIDUAL AND DOING BUSINESS AS THE LAW OFFICE OF GANT
ATIORNONS AAW & GANT’S RE-NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT
PROOF OF SERVICE
Stacey Carlson v. Vernon F. Gant, et al.
Stanislaus County Superior Court, Case No. 2017458
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
At the time of service, I was over 18 years of age and not a party to the action. My
business address is 333 Bush Street, Suite 1100, San Francisco, CA 94104-2872.
On February 16, 2018, I served the following document:
DEFENDANT VERNON F. GANT, AN INDIVIDUAL AND DOING BUSINESS AS THE
LAW OFFICE OF GANT & GANT’S RE-NOTICE OF MOTION AND MOTION FOR
SUMMARY JUDGMENT
I served the document on the following persons at the following addresses (including fax
numbers and email addresses, if applicable):
10
Stacey Carlson
11 52305 Montpelier Road
Donair, CA 95316
12 Tel: (209) 605-9035
Plaintiff in Pro Per
13
14 The document was served by the following means:
15 & (BY U.S. MAIL) I enclosed the document in a sealed envelope or package addressed to
the persons at the addresses listed above and placed the envelope or package for collection and
16 mailing, following our ordinary business practices. I am readily familiar with the firm’s practice
for collection and processing correspondence for mailing. Under that practice, on the same day
17 that correspondence is placed for collection and mailing, it is deposited in the ordinary course of
business with the U.S. Postal Service, in a sealed envelope or package with the postage fully
18 prepaid.
19 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
20
Executed on February 16, 2018,, at San Francisco, California.
21
22
>
23 PB ( Zr
Rose Chan
24
25
26
27
28
LEWIS
BRISBOIS
BISGAARD 4843-3266-4925.1
&SMIHUP
ATTORNES ATLA PROOF OF SERVICE
Exhibit “2”
Exhibit “2”
4818-7285-9834.
B LEWIS
Jessica L. Beeler
333 Bush Street, Suite 1100
San Francisco, Califomia 94104-2872
BRISBOIS
J essica.Beeler@lewisbrisbois.com
Direct: 415.438.5921
LEWIS BRISBOIS BISGAARD & SMITH LLP
J anuary 14, 2021 File No. 50012.4474
VIA E-MAIL
William Broderick- Villa, Esq. Robert W. Crabtree
BRODERICK LEGAL GROUP, APLC CRABTREE SCHMIDT
1150 Ninth Street, Suite 1430, 1501 F Street
Modesto, CA 95354 Modesto, Califomia 95354
Email: William@TheBroderickLegalGroup.com Email: rwcrab@aol.com
Re: Carlsonv. Gant
Dear Messrs. Broderick- Villa and Crabtree:
You both claim to be personal representative of Ms. Carlson'sestate in the above matter.
The case is not stayed and has not been abated by Ms. Carlson's death. Thus, the discovery my
office served October last year is outstanding
and responses must be provided. Responses are due
January 25.
Thave enclosed the discovery herein. We have already givena 60-day extension. Please
understand that the trial date is quickly approaching which hampers our ability to provide further
extensions. Additionally, please provide my office dates when Mr. Shaw is available to be deposed
in both his individual and representative capacities.
Very truly yours,
/
Jessica L. Beeler, tor
LEWIS BRISBOIS BISGAARD & SMITH LLP
JLB/nlp
Encls.
ARIZONA * CALIFORNIA * COLORADO * CONNECTICUT * DELAWARE + FLORIDA * GEORGIA * ILLINOIS + INDIANA * KANSAS * KENTUCKY * LOUISIANA
MARYLAND * MASSACHUSETTS + MINNESOTA MISSOURI + NEVADA NEW JERSEY NEW MEXICO NEW YORK NORTH CAROLINA.
OHIO + OREGON + PENNSYLVANIA * RHODE ISLAND + TEXAS + UTAH + VIRGINIA + WASHINGTON * WASHINGTON D.C. + WEST VIRGINIA
4840-4956-0535.1
DISC-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
Brian Slome, SB#238134
LEWIS BRISBOIS BISGAARD & SMITH LLP
333 Bush Street, Suite 1100
San Francisco, California 94104-2872
TELEPHONE NO. 415.362.2580
FAX NO. (Optional: 415.434.0882
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name): Defendant Vernon F. Gant, an individual and dba Law Office of Gant & Gant
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS
SHORT TITLE OF CASE:
Stacey Carlson v. Vernon F. Gant, et al.
FORM INTERROGATORIES—GENERAL CASE NUMBER:
Asking Party: Defendant, Vernon F. Gant 2017458
Answering Party: Plaintiff, Stacey Carlson
Set No.: Two
Sec. 1. Instructions to All Parties (c) Each answer must be as complete and straightforward as
(a) Interrogatories are written questions prepared by a party 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 (d) If you 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. or 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
exhibit to the response and referred to in the response. If the
Sec. 2. Instructions to the Asking Party document has more than one page, refer to the page and
(a) These interrogatories are designed for optional use by section where the answer to the interrogatory can be found.
parties in unlimited civil cases where the amount demanded (f) Whenever an address and telephone number for the
exceeds $25,000. Separate interrogatories, Form same person are requested in more than one interrogatory,
Interrogatories—Limited Civil Cases (Economic Litigation)
you are required to furnish them in answering only the first
(form DISC-004), which have no subparts, are designed for
interrogatory asking for that information.
use in limited civil cases where the amount demanded is
$25,000 or less; however, those interrogatories may also be (g)_ If you are asserting a privilege or making an objection to
used in unlimited civil cases. an interrogatory, you must specifically assert the privilege or
(b) 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 (h) 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 / declare under penalty of perjury under the laws of the
conduct or a series of events occurring over a period of time. State of California that the foregoing answers are true and
(d) The interrogatories in section 16.0, Defendant's correct.
Contentions-Personal Injury, should not be used until the
defendant has had a reasonable opportunityto conduct an (DATE) (SIGNATURE)
investigation or discovery of plaintiff's injuries and damages.
(e) Additional interrogatories may be attached. Sec. 4, Definitions
Sec. 3. Instructions to the Answering Party Words in BOLDFACE CAPITALS in these interrogatories
(a) An answer or other appropriate response must be are defined as follows:
given to each interrogatory checked by the asking party. (a) (Check one of the following):
(b) As a general rule, within 30 days after you are served Oo (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 all other occurrence or breach of contract giving rise to
other parties to the action who have appeared. See Code of this action or proceeding.
Civil Procedure sections 2030.260-2030.270 for details.
Page Lof 8
Form Approved for Optional Use FORM INTERROGATORIES—GENERAL Code of Civil Procedure,
Judicial Council of California § 2030.010-2030.410, 2033.710
DISC-001 [Rev. J anuary 1, 2008] ww. courtinfo.ca.gov
DISC-001
KK) (2) INCIDENT means (insert your definition here or 0 Identity of Persons Answering These Interrogatories
on a Separate, attached sheet labeled "Sec. KX] 1.1 State the name, ADDRESS, telephone number, and
A(a)(2)"): relationship to you of each PERSON who prepared or
Estate planning advice allegedly provided by Gant assisted in the preparation of the responses to these
regarding Mr. Ashlock, and the probate proceedings interrogatories. (Do not identify anyone who simply typed or
arising therefrom. reproduced the responses.)
2.0 General Background Information—individual
(b) YOU OR ANYONE ACTING ON YOUR BEHALF [1 2.1 State:
includes you, your agents, your employees, your insurance (a) your name;
companies, their agents, their employees, your attorneys, 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.
(c) PERSON includes a natural person, firm, association, 2.2 State the date and place of your birth.
organization, partnership, business, trust, limited liability
2.3 At the time of the INCIDENT, did you have a driver's
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;
Code 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 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, or combinations of them. state:
(e) HEALTH CARE PROVIDER includes any PERSON (a) the state or other issuing entity;
referred to in Code of Civil Procedure section 667.7(e)(3). (b) the license number and type;
(c) the date of issuance; and
(f) ADDRESS means the street address, including the city, (d) all restrictions.
state, and zip code.
2.5 State:
Sec. 5. Interrogatories (a) your present residence ADDRESS;
The following interrogatories have been approved by the (b) your residence ADDRESSES for the past five years; and
Judicial Council under Code of Civil Procedure section 2033.710: (c) the dates you lived at each ADDRESS.
CONTENTS
2.6 State:
1.0 Identity of Persons Answering These Interrogatories (a) the name, ADDRESS, and telephone number of your
2.0 General Background Information—Individual present employer or place of self-employment; and
3.0 General Background Information—Business Entity
(b) the name, ADDRESS, dates of employment, job title,
4.0 Insurance
and nature of work for each employer or
5.0 [Reserved]
self-employment you have had from five years before
6.0 Physical, Mental, or Emotional Injuries
the INCIDENT until today.
7.0 Property Damage
8.0 Loss of Income or Eaming Capacity 2.7 State:
9.0 Other Damages (a) the name and ADDRESS of each school or other
10.0 Medical History academic or vocational institution you have attended,
11.0 Other Claims and Previous Claims beginning with high school;
12.0 Investigation—General (b) the dates you attended;
13.0 Investigation—Surveillance (c) the highest grade level you have completed; and
14.0 Statutory or Regulatory Violations (d) the degrees received.
15.0 Denials and Special or Affirmative Defenses
16.0 Defendant's Contentions Personal Injury 2.8 Have you ever been convicted of a felony? If so, for
17.0 Responses to Request for Admissions each conviction state:
18.0 [Reserved] (a) the city and state where you were convicted;
19.0 [Reserved] (b) the date of conviction;
20.0 How the Incident Occurred—Motor Vehicle (c) the offense; and
25.0 [Reserved] (d) the court and case number.
30.0 [Reserved]
40.0 [Reserved] 2.9 Can you speak English with ease? If not, what language
50.0 Contract and dialect do you normally use?
60.0 [Reserved]
70.0 Unlawful Detainer [See separate form DISC-003] 2.10 Can you read and write English with ease? If not, what
101.0 Economic Litigation [See separate form DISC-004] language and dialect do you normally use?
200.0 Employment Law [See separate form DISC-002]
Family Law [See separate form FL-145]
DISC-001 (Rev.
J anuary 1, 2008]
FORM INTERROGATORIES—GENERAL Page
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DISC-001
[1 2.11 At the time of the INCIDENT were you acting as an 3.4 Are you a joint venture? 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 (b) 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 duties. (c) the name and ADDRESS ofeach joint venturer; and
(d) the ADDRESS of the principal place of business.
2.12 At the time of the INCIDENT did you or any other
person have any physical, emotional, or mental disability or 3.5 Are you an unincorporated association?
condition that may have contributed to the occurrence of the If so, state:
INCIDENT? If so, for each person state: (a) 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 during the past 10 years and the dates each was used;
(c) the manner in which the disability or condition and
contributed to the occurrence of the INCIDENT. (c) the ADDRESS of the principal place of business.
2.13 Within 24 hours before the INCIDENT did you or any 3.6 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;
so, for each person state: (c) 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;
(c) the quantity of each substance used or taken; 3.7 Within the past five years has any public entity regis-
(d) 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:
(e) the ADDRESS where each substance was used or
(a) identify the license or registration;
taken; (b) state the name of the public entity; and
(f) 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
or taken; and
4.0 Insurance
(9) the name, ADDRESS, and telephone number of any
HEALTH CARE PROVIDER who prescribed or furnished (1 4.1 At the time of the INCIDENT, was there in effect any
the substance and the condition for which it was policy of insurance through which you were or might be
prescribed or fumished. insured in any manner (for example, primary, pro-rata, or
excess liability coverage or medical expense coverage) for
3.0 General Background Information— Business Entity the damages, claims, or actions that have arisen out of the
(1 3.1 Are you a corporation? If so, state: INCIDENT? If so, for each policy state:
(a) the name stated in the current articles of incorporation; (a) the kind of coverage;
(b) all other names used by the corporation during the past (b) the name and ADDRESS of the insurance company;
10 years and the dates each was used; (c) the name, ADDRESS, and telephone number of each
(c) the date and place of incorporation; named insured;
(d) the ADDRESS of the principal place of business; and (d) the policy number;
(e) whether you are qualified to do business in California. (e) the limits of coverage for each type of coverage con-
tained in the policy;
3.2 Are you a partnership? If so, state: (f) whether any reservation of rights or controversy or
(a) the current partnership name; coverage dispute exists between you and the insurance
(b) all other names used by the partnership during the past company; and
10 years and the dates each was used; (g) the name, ADDRESS, and telephone number of the
(c) whether you are a limited partnership and, if so, under custodian of the policy.
the laws of what jurisdiction;
(d) the name and ADDRESS of each general partner; and Oo 4.2 Are you self-insured under any statute for the damages,
(e) the ADDRESS of the principal place of business. claims, or actions that have arisen out of the INCIDENT? If
so, specify the statute.
3.3 Are you a limited liability company? If so, state:
(a) the name stated in the current articles of organization; 5.0 [Reserved]
(b) all other names used by the company during the past 10
years and the date each was used; 6.0 Physical, Mental, or Emotional juries
(c) the date and placeof filing of the articles of organization; 1 6.1 Do you attribute any physical, mental, or emotional
(d) the ADDRESS of the principal place of business; and injuries to the INCIDENT? (If your answer is "no," do not
(e) whether you are qualified to do business in California. answer interrogatories 6.2 through 6.7).
1 622 Identify each injury you attribute to the INCIDENT and
the area of your body affected.
DISC-001 (Rev.
J anuary 1, 2008]
FORM INTERROGATORIES—GENERAL Page
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DISC-001
[1 6.3 Do you still have any complaints that you attribute to (c) state the amount of 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.
6.4 Did you receive any consultation or examination 7.2 Has a written estimate or evaluation been made for any
(except from expert witnesses covered by Code of Civil item of property referred to in your answer to the preceding
Procedure sections 2034.210-2034.310) or treatment from a interrogatory? If so, for each estimate or evaluation state:
HEALTH CARE PROVIDER for any injury you attribute to (a) the name, ADDRESS, and telephone number of the
the INCIDENT? If so, for each HEALTH CARE PROVIDER
PERSON who prepared it and the date prepared;
state:
(b) the name, ADDRESS, and telephone number of each
(a) the name, ADDRESS, and telephone number; PERSON who has a copy of it, and
(b) the type of consultation, examination, or treatment (c) the amount of damage stated.
rovided,
(c) the dates you received consultation, examination, or
treatment; and 7.3 Has any item of property referred to in your answer to
(d) the charges to date. interrogatory 7.1 been repaired? If so, for each item state:
(a) the date repaired;
6.5 Have you taken any medication, prescribed or not, as a (b) a description of the repair;
result of injuries that you attribute to the INCIDENT? If so, (c) the repair cost;
for each medication state: (d) the name, ADDRESS, and telephone number of the
(a) the name; PERSON who repaired it;
(b) the PERSON who prescribed or furmished it; (e) the name, ADDRESS, and telephone number of the
(c) the date it was prescribed or furnished; PERSON who paid for the repair.
(d) the dates you began and stopped taking it; and
(e) the cost to date. 8.0 Loss of Income or Eaming Capacity
[1 8.1 Do you attribute any loss of income or eaming capacity
6.6 Are there any other medical services necessitated by to the INCIDENT? (If your answer is "no," do not answer
the injuries that you attribute to the INCIDENT that were not interrogatories 8.2 through 8.8).
previously listed (for example, ambulance, nursing,
prosthetics)? If so, for each service state:
(a) the nature;
oO 8.2 State:
(a) the nature of your work;
(b) the date; (b) your job title at the time of the INCIDENT; and
(c) the cost and (c) the date your employment began.
(d) the name, ADDRESS, and telephone number
of each provider. 8.3 State the last date before the INCIDENT that you
worked for compensation.
6.7 Has any HEALTH CARE PROVIDER advised that you
may require future or additional treatment for any injuries 8.4 State your monthly income at the time of the INCIDENT
that you attribute to the INCIDENT? If so, for each injury and how the amount was calculated.
state:
(a) the name and ADDRESS of each HEALTH CARE 8.5 State the date you retumed to work at each place of
PROVIDER; employment following the INCIDENT.
(b) the complaints for which the treatment was advised; and
(c) the nature, duration, and estimated cost of the 8.6 State the dates you did not work and for which you lost
treatment. income as a result of the INCIDENT.
7.0 Property Damage 8.7 State the total income you have lost to date as a result
[J 7.1 Do you attribute any loss of or damage to a vehicle or of the INCIDENT and how the amount was calculated.
other property to the INCIDENT? If so, for each item of
property: 8.8 Will you lose income in the future as a result of the
(a) describe the property; INCIDENT? If so, state:
(b) describe the nature and location of the damage to the (a) the facts upon which you base this contention;
Property; (b) an estimate of the amount;
(c) an estimate of how long you will be unable to work; and
(d) how the claim for future income is calculated.
DISC-001 (Rev.
J anuary 1, 2008) FORM INTERROGATORIES—GENERAL Page
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DISC-001
9.0 Other Damages (c) the court, names of the parties, and case number of any
KK 9.1 Are there any other damages that you attribute to the action filed;
(d) the name,
Preview
Electronically Filed LEWIS BRISBOIS BISGAARD & SMITH LLP 2/26/2021 9:55 AM BRIAN SLOME, SB#238134 Superior Court of California Email: Brian.Slome@lewisbrisbois.com County of Stanislaus JESSICA L. BEELER, SB#268939 Clerk of the Court E-Mail: Jessica Beeler@lewisbrisbois.com By: Mouang Saechao, Deputy 333 Bush Street, Suite 1100 San Francisco, Califomia 94104-2872 ‘Telephone: 415.362.2580 Facsimile: 415.434.0882 Attomeys for Defendant Vemon Gant, an Individual and dba Law Office Of Gant And Gant SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF STANISLAUS 10 11 STACEY CARLSON, an individual, CASE NO. 2017458 Plaintiff, SUPPLEMENTAL DECLARATION OF BRIAN SLOME IN SUPPORT OF REPLY vs. 4 VERNON F. GANT, an individual and doi: [Assigned for All Purposes to Judge John D. business as the LAW OFFICE OF GANT & Freeland, Dept. 23] GANT, and DOES 1 through 20, inclusive, Action Filed: October 26, 2015 16 Defendants. Trial Date: July 13, 2021 17 Date: March5 2021 Time: &Vam Dept: 23 I, Brian Slome, declare: 1 I aman attomey at law duly licensed to practice law before all of the Courts of the State of Califomia, and am a partner in the law firm of Lewis Brisbois Bisgaard, & Smith LLP, attomeys of record for Defendant Vemon Gant, an Individual and dba Law Office Of Gant and Gant. 2. I am familiar with the facts and law in this case and have personal firsthand knowledge of the facts stated herein. As to those matters stated upon information and belief, I believe them to be true. If called as a witness I could and would competently testify to the LEWIS following. BRISBOIS BISGAARD 4833-9183-2286.1 1 & SMITH UP ATIORNEYSAT LAW SUPPLEMENTAL DECLARATION OF BRIAN SLOME IN SUPPORT OF REPLY 3, Attached as Exhibit 1 is a true and correct copy of the Notice of Motion and Motion for Summary Judgment filed in this case on or about February 16, 2018 4. Attached as Exhibit 2 is a true and correct copy of a letter dated January 14, 2021, my office prepared to William Broderick-Villa and Mr. Crabtree enclosing outstanding discovery due int his matter. Mr. Broderick-Villa did not respond to the letter or discovery. 5, I believe Mr. Gant will be prejudiced and his due process rights affected if he is not allowed a hearing on the summary judgment on or about March 5. The motion was filed 199 days Puior to the date it is set for hearing. 6. Mr. Gant’s motion for summary judgment raises completely different issues than 10 his prior motion. Therefore, Mr. Gant has a statutory right to have his motion heard. 11 I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct. B Executed this 26" day of February 2021 at San Diego, Califomia. 4 16 TSan Slaex 17 Brian Slome LEWIS BRISBOIS BISGAARD 4833-9183-2286.1 2 & SMITH UP ATIORNEYSAT LAW SUPPLEMENTAL DECLARATION OF BRIAN SLOME IN SUPPORT OF REPLY Exhibit “1” Exhibit “1” 4818-7285-9834. 1s LEWIS BRISBOIS BISGAARD & SMITH LLP BRIAN SLOME, SB# 238134 Email: Brian.Slome@lewisbrisbois.com aU ELIZABETH M. DOOLEY, SB# 289510 Email: Elizabeth. Dooley@lewisbrisbois.com LAU 333 Bush Street, Suite 1100 a—;,—— San Francisco, California 94104-2872 ‘Tiss vend Y Telephone: 415.362.2580 Facsimile: 415.434.0882 Attorneys for Defendant Vernon Gant, an individual and dba Law Office of Gant & Gant SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF STANISLAUS FILED BY FAX 11 STACEY CARLSON, an individual, CASE NO. 2017458 [Assigned for All Purposes to Judge John D. 12 Plaintiff, Freeland, Dept. 23] 13 vs. DEFENDANT VERNON F. GANT, AN 14 VERNON F. GANT, an individual and doing INDIVIDUAL AND DOING BUSINESS AS business as the LAW OFFICE OF GANT & THE LAW OFFICE OF GANT & GANT’S 15 GANT, and DOES 1 through 20, inclusive, RE-NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT 16 Defendants. Date: June 13, 2018 17 Time: 8:30 a.m. 18 Dept.: 23 19 Action Filed: October 26, 2015 Trial Date: None Set 20 21 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 22 PLEASE TAKE NOTICE that on June 13, 2018, at 8:30 a.m. (previously noticed for 23 April 25, 2018, at 8:30 a.m.), or as soon thereafter as the matter may be heard, in Department 23, 24 of the Stanislaus County Superior Court, located at 801 10th Street, Modesto, California, 25 Defendant Vernon Gant, an individual and doing business as the Law Office of Gant & Gant will 26 (“Vernon”), and hereby does, move the Court for summary judgment against Plaintiff Stacey 27 Carlson (“Stacey”) pursuant to Code of Civil Procedure section 437c. 28 Vernon’s motion for summary judgment is based on the fact that there is no triable issue of L BRISBOIS 4843-3266-4925.1 1 BISGAARD DEFENDANT VERNON F. GANT, AN INDIVIDUAL AND DOING BUSINESS AS THE LAW OFFICE OF GANT ATIORNEWS ATLAW & GANT’S RE-NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT material fact and Stacey’s complaint is barred by the statute of limitations. (Code Civ. Proc., § 340.6.) Vernon’s motion is also based on the fact that he is not the cause of any of the harm Stacey alleges to have suffered by way of her complaint. (Thompson v. Halvonik (1995) 36 Cal.App.4th 657; Carlton v. Quint (2000) 77 Cal.App.4th 690.) Stacey claims to have been damaged in the form of attorney fees expended defending estate planning documents in an underlying probate proceeding. Stacey and her counsel elected to expend those fees knowing the estate planning documents were, at best, void. Finally, Stacey’s claims fail because she is guilty of fraud, perjury, and undue influence. She has unclean hands which bar her lawsuit. (Blain v. Doctor’s Company (1990) 222 Cal.App.3d 10 1048, 1060.) 11 This motion is based upon this Notice of Motion and Motion, the Memorandum of Points 12 and Authorities, the Separate Statement of Undisputed Material Facts, the Declaration of Elizabeth 13 M. Dooley, Declaration of Vernon Gant, Declaration of Lou Schofield, Request for Judicial 14 Notice, Volumes of Evidence, and all documents and records on file herein, including the 15 Complaints herein, and any additional oral or documentary evidence and oral argument as may be 16 presented at the hearing on this matter. 17 18 DATED: February 16, 2018 LEWIS BRISBOIS BISGAARD & SMITH LLP 19 By: Lozabe tee. Jévtss) 20 Brian Slome Elizabeth M. Dooley 21 Attorneys for Defendant, VERNON F. GANT, an 22 individual and dba LAW OFFICE OF GANT & GANT 23 24 25 26 27 28 LEWIS 4843-3266-4925. 1 BRISBOIS 2 BISGAARD DEFENDANT VERNON F. GANT, AN INDIVIDUAL AND DOING BUSINESS AS THE LAW OFFICE OF GANT ATIORNONS AAW & GANT’S RE-NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT PROOF OF SERVICE Stacey Carlson v. Vernon F. Gant, et al. Stanislaus County Superior Court, Case No. 2017458 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO At the time of service, I was over 18 years of age and not a party to the action. My business address is 333 Bush Street, Suite 1100, San Francisco, CA 94104-2872. On February 16, 2018, I served the following document: DEFENDANT VERNON F. GANT, AN INDIVIDUAL AND DOING BUSINESS AS THE LAW OFFICE OF GANT & GANT’S RE-NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT I served the document on the following persons at the following addresses (including fax numbers and email addresses, if applicable): 10 Stacey Carlson 11 52305 Montpelier Road Donair, CA 95316 12 Tel: (209) 605-9035 Plaintiff in Pro Per 13 14 The document was served by the following means: 15 & (BY U.S. MAIL) I enclosed the document in a sealed envelope or package addressed to the persons at the addresses listed above and placed the envelope or package for collection and 16 mailing, following our ordinary business practices. I am readily familiar with the firm’s practice for collection and processing correspondence for mailing. Under that practice, on the same day 17 that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the U.S. Postal Service, in a sealed envelope or package with the postage fully 18 prepaid. 19 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 20 Executed on February 16, 2018,, at San Francisco, California. 21 22 > 23 PB ( Zr Rose Chan 24 25 26 27 28 LEWIS BRISBOIS BISGAARD 4843-3266-4925.1 &SMIHUP ATTORNES ATLA PROOF OF SERVICE Exhibit “2” Exhibit “2” 4818-7285-9834. B LEWIS Jessica L. Beeler 333 Bush Street, Suite 1100 San Francisco, Califomia 94104-2872 BRISBOIS J essica.Beeler@lewisbrisbois.com Direct: 415.438.5921 LEWIS BRISBOIS BISGAARD & SMITH LLP J anuary 14, 2021 File No. 50012.4474 VIA E-MAIL William Broderick- Villa, Esq. Robert W. Crabtree BRODERICK LEGAL GROUP, APLC CRABTREE SCHMIDT 1150 Ninth Street, Suite 1430, 1501 F Street Modesto, CA 95354 Modesto, Califomia 95354 Email: William@TheBroderickLegalGroup.com Email: rwcrab@aol.com Re: Carlsonv. Gant Dear Messrs. Broderick- Villa and Crabtree: You both claim to be personal representative of Ms. Carlson'sestate in the above matter. The case is not stayed and has not been abated by Ms. Carlson's death. Thus, the discovery my office served October last year is outstanding and responses must be provided. Responses are due January 25. Thave enclosed the discovery herein. We have already givena 60-day extension. Please understand that the trial date is quickly approaching which hampers our ability to provide further extensions. Additionally, please provide my office dates when Mr. Shaw is available to be deposed in both his individual and representative capacities. Very truly yours, / Jessica L. Beeler, tor LEWIS BRISBOIS BISGAARD & SMITH LLP JLB/nlp Encls. ARIZONA * CALIFORNIA * COLORADO * CONNECTICUT * DELAWARE + FLORIDA * GEORGIA * ILLINOIS + INDIANA * KANSAS * KENTUCKY * LOUISIANA MARYLAND * MASSACHUSETTS + MINNESOTA MISSOURI + NEVADA NEW JERSEY NEW MEXICO NEW YORK NORTH CAROLINA. OHIO + OREGON + PENNSYLVANIA * RHODE ISLAND + TEXAS + UTAH + VIRGINIA + WASHINGTON * WASHINGTON D.C. + WEST VIRGINIA 4840-4956-0535.1 DISC-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Brian Slome, SB#238134 LEWIS BRISBOIS BISGAARD & SMITH LLP 333 Bush Street, Suite 1100 San Francisco, California 94104-2872 TELEPHONE NO. 415.362.2580 FAX NO. (Optional: 415.434.0882 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Defendant Vernon F. Gant, an individual and dba Law Office of Gant & Gant SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS SHORT TITLE OF CASE: Stacey Carlson v. Vernon F. Gant, et al. FORM INTERROGATORIES—GENERAL CASE NUMBER: Asking Party: Defendant, Vernon F. Gant 2017458 Answering Party: Plaintiff, Stacey Carlson Set No.: Two Sec. 1. Instructions to All Parties (c) Each answer must be as complete and straightforward as (a) Interrogatories are written questions prepared by a party 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 (d) If you 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. or 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 exhibit to the response and referred to in the response. If the Sec. 2. Instructions to the Asking Party document has more than one page, refer to the page and (a) These interrogatories are designed for optional use by section where the answer to the interrogatory can be found. parties in unlimited civil cases where the amount demanded (f) Whenever an address and telephone number for the exceeds $25,000. Separate interrogatories, Form same person are requested in more than one interrogatory, Interrogatories—Limited Civil Cases (Economic Litigation) you are required to furnish them in answering only the first (form DISC-004), which have no subparts, are designed for interrogatory asking for that information. use in limited civil cases where the amount demanded is $25,000 or less; however, those interrogatories may also be (g)_ If you are asserting a privilege or making an objection to used in unlimited civil cases. an interrogatory, you must specifically assert the privilege or (b) 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 (h) 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 / declare under penalty of perjury under the laws of the conduct or a series of events occurring over a period of time. State of California that the foregoing answers are true and (d) The interrogatories in section 16.0, Defendant's correct. Contentions-Personal Injury, should not be used until the defendant has had a reasonable opportunityto conduct an (DATE) (SIGNATURE) investigation or discovery of plaintiff's injuries and damages. (e) Additional interrogatories may be attached. Sec. 4, Definitions Sec. 3. Instructions to the Answering Party Words in BOLDFACE CAPITALS in these interrogatories (a) An answer or other appropriate response must be are defined as follows: given to each interrogatory checked by the asking party. (a) (Check one of the following): (b) As a general rule, within 30 days after you are served Oo (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 all other occurrence or breach of contract giving rise to other parties to the action who have appeared. See Code of this action or proceeding. Civil Procedure sections 2030.260-2030.270 for details. Page Lof 8 Form Approved for Optional Use FORM INTERROGATORIES—GENERAL Code of Civil Procedure, Judicial Council of California § 2030.010-2030.410, 2033.710 DISC-001 [Rev. J anuary 1, 2008] ww. courtinfo.ca.gov DISC-001 KK) (2) INCIDENT means (insert your definition here or 0 Identity of Persons Answering These Interrogatories on a Separate, attached sheet labeled "Sec. KX] 1.1 State the name, ADDRESS, telephone number, and A(a)(2)"): relationship to you of each PERSON who prepared or Estate planning advice allegedly provided by Gant assisted in the preparation of the responses to these regarding Mr. Ashlock, and the probate proceedings interrogatories. (Do not identify anyone who simply typed or arising therefrom. reproduced the responses.) 2.0 General Background Information—individual (b) YOU OR ANYONE ACTING ON YOUR BEHALF [1 2.1 State: includes you, your agents, your employees, your insurance (a) your name; companies, their agents, their employees, your attorneys, 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. (c) PERSON includes a natural person, firm, association, 2.2 State the date and place of your birth. organization, partnership, business, trust, limited liability 2.3 At the time of the INCIDENT, did you have a driver's 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; Code 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 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, or combinations of them. state: (e) HEALTH CARE PROVIDER includes any PERSON (a) the state or other issuing entity; referred to in Code of Civil Procedure section 667.7(e)(3). (b) the license number and type; (c) the date of issuance; and (f) ADDRESS means the street address, including the city, (d) all restrictions. state, and zip code. 2.5 State: Sec. 5. Interrogatories (a) your present residence ADDRESS; The following interrogatories have been approved by the (b) your residence ADDRESSES for the past five years; and Judicial Council under Code of Civil Procedure section 2033.710: (c) the dates you lived at each ADDRESS. CONTENTS 2.6 State: 1.0 Identity of Persons Answering These Interrogatories (a) the name, ADDRESS, and telephone number of your 2.0 General Background Information—Individual present employer or place of self-employment; and 3.0 General Background Information—Business Entity (b) the name, ADDRESS, dates of employment, job title, 4.0 Insurance and nature of work for each employer or 5.0 [Reserved] self-employment you have had from five years before 6.0 Physical, Mental, or Emotional Injuries the INCIDENT until today. 7.0 Property Damage 8.0 Loss of Income or Eaming Capacity 2.7 State: 9.0 Other Damages (a) the name and ADDRESS of each school or other 10.0 Medical History academic or vocational institution you have attended, 11.0 Other Claims and Previous Claims beginning with high school; 12.0 Investigation—General (b) the dates you attended; 13.0 Investigation—Surveillance (c) the highest grade level you have completed; and 14.0 Statutory or Regulatory Violations (d) the degrees received. 15.0 Denials and Special or Affirmative Defenses 16.0 Defendant's Contentions Personal Injury 2.8 Have you ever been convicted of a felony? If so, for 17.0 Responses to Request for Admissions each conviction state: 18.0 [Reserved] (a) the city and state where you were convicted; 19.0 [Reserved] (b) the date of conviction; 20.0 How the Incident Occurred—Motor Vehicle (c) the offense; and 25.0 [Reserved] (d) the court and case number. 30.0 [Reserved] 40.0 [Reserved] 2.9 Can you speak English with ease? If not, what language 50.0 Contract and dialect do you normally use? 60.0 [Reserved] 70.0 Unlawful Detainer [See separate form DISC-003] 2.10 Can you read and write English with ease? If not, what 101.0 Economic Litigation [See separate form DISC-004] language and dialect do you normally use? 200.0 Employment Law [See separate form DISC-002] Family Law [See separate form FL-145] DISC-001 (Rev. J anuary 1, 2008] FORM INTERROGATORIES—GENERAL Page 2 of 8 ‘American LegalNet, Inc. www. FormsWorkfiow.com DISC-001 [1 2.11 At the time of the INCIDENT were you acting as an 3.4 Are you a joint venture? 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 (b) 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 duties. (c) the name and ADDRESS ofeach joint venturer; and (d) the ADDRESS of the principal place of business. 2.12 At the time of the INCIDENT did you or any other person have any physical, emotional, or mental disability or 3.5 Are you an unincorporated association? condition that may have contributed to the occurrence of the If so, state: INCIDENT? If so, for each person state: (a) 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 during the past 10 years and the dates each was used; (c) the manner in which the disability or condition and contributed to the occurrence of the INCIDENT. (c) the ADDRESS of the principal place of business. 2.13 Within 24 hours before the INCIDENT did you or any 3.6 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; so, for each person state: (c) 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; (c) the quantity of each substance used or taken; 3.7 Within the past five years has any public entity regis- (d) 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: (e) the ADDRESS where each substance was used or (a) identify the license or registration; taken; (b) state the name of the public entity; and (f) 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 or taken; and 4.0 Insurance (9) the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER who prescribed or furnished (1 4.1 At the time of the INCIDENT, was there in effect any the substance and the condition for which it was policy of insurance through which you were or might be prescribed or fumished. insured in any manner (for example, primary, pro-rata, or excess liability coverage or medical expense coverage) for 3.0 General Background Information— Business Entity the damages, claims, or actions that have arisen out of the (1 3.1 Are you a corporation? If so, state: INCIDENT? If so, for each policy state: (a) the name stated in the current articles of incorporation; (a) the kind of coverage; (b) all other names used by the corporation during the past (b) the name and ADDRESS of the insurance company; 10 years and the dates each was used; (c) the name, ADDRESS, and telephone number of each (c) the date and place of incorporation; named insured; (d) the ADDRESS of the principal place of business; and (d) the policy number; (e) whether you are qualified to do business in California. (e) the limits of coverage for each type of coverage con- tained in the policy; 3.2 Are you a partnership? If so, state: (f) whether any reservation of rights or controversy or (a) the current partnership name; coverage dispute exists between you and the insurance (b) all other names used by the partnership during the past company; and 10 years and the dates each was used; (g) the name, ADDRESS, and telephone number of the (c) whether you are a limited partnership and, if so, under custodian of the policy. the laws of what jurisdiction; (d) the name and ADDRESS of each general partner; and Oo 4.2 Are you self-insured under any statute for the damages, (e) the ADDRESS of the principal place of business. claims, or actions that have arisen out of the INCIDENT? If so, specify the statute. 3.3 Are you a limited liability company? If so, state: (a) the name stated in the current articles of organization; 5.0 [Reserved] (b) all other names used by the company during the past 10 years and the date each was used; 6.0 Physical, Mental, or Emotional juries (c) the date and placeof filing of the articles of organization; 1 6.1 Do you attribute any physical, mental, or emotional (d) the ADDRESS of the principal place of business; and injuries to the INCIDENT? (If your answer is "no," do not (e) whether you are qualified to do business in California. answer interrogatories 6.2 through 6.7). 1 622 Identify each injury you attribute to the INCIDENT and the area of your body affected. DISC-001 (Rev. J anuary 1, 2008] FORM INTERROGATORIES—GENERAL Page 3 of 8 ‘American LegalNet, Inc. www. FormsWorkfiow.com DISC-001 [1 6.3 Do you still have any complaints that you attribute to (c) state the amount of 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. 6.4 Did you receive any consultation or examination 7.2 Has a written estimate or evaluation been made for any (except from expert witnesses covered by Code of Civil item of property referred to in your answer to the preceding Procedure sections 2034.210-2034.310) or treatment from a interrogatory? If so, for each estimate or evaluation state: HEALTH CARE PROVIDER for any injury you attribute to (a) the name, ADDRESS, and telephone number of the the INCIDENT? If so, for each HEALTH CARE PROVIDER PERSON who prepared it and the date prepared; state: (b) the name, ADDRESS, and telephone number of each (a) the name, ADDRESS, and telephone number; PERSON who has a copy of it, and (b) the type of consultation, examination, or treatment (c) the amount of damage stated. rovided, (c) the dates you received consultation, examination, or treatment; and 7.3 Has any item of property referred to in your answer to (d) the charges to date. interrogatory 7.1 been repaired? If so, for each item state: (a) the date repaired; 6.5 Have you taken any medication, prescribed or not, as a (b) a description of the repair; result of injuries that you attribute to the INCIDENT? If so, (c) the repair cost; for each medication state: (d) the name, ADDRESS, and telephone number of the (a) the name; PERSON who repaired it; (b) the PERSON who prescribed or furmished it; (e) the name, ADDRESS, and telephone number of the (c) the date it was prescribed or furnished; PERSON who paid for the repair. (d) the dates you began and stopped taking it; and (e) the cost to date. 8.0 Loss of Income or Eaming Capacity [1 8.1 Do you attribute any loss of income or eaming capacity 6.6 Are there any other medical services necessitated by to the INCIDENT? (If your answer is "no," do not answer the injuries that you attribute to the INCIDENT that were not interrogatories 8.2 through 8.8). previously listed (for example, ambulance, nursing, prosthetics)? If so, for each service state: (a) the nature; oO 8.2 State: (a) the nature of your work; (b) the date; (b) your job title at the time of the INCIDENT; and (c) the cost and (c) the date your employment began. (d) the name, ADDRESS, and telephone number of each provider. 8.3 State the last date before the INCIDENT that you worked for compensation. 6.7 Has any HEALTH CARE PROVIDER advised that you may require future or additional treatment for any injuries 8.4 State your monthly income at the time of the INCIDENT that you attribute to the INCIDENT? If so, for each injury and how the amount was calculated. state: (a) the name and ADDRESS of each HEALTH CARE 8.5 State the date you retumed to work at each place of PROVIDER; employment following the INCIDENT. (b) the complaints for which the treatment was advised; and (c) the nature, duration, and estimated cost of the 8.6 State the dates you did not work and for which you lost treatment. income as a result of the INCIDENT. 7.0 Property Damage 8.7 State the total income you have lost to date as a result [J 7.1 Do you attribute any loss of or damage to a vehicle or of the INCIDENT and how the amount was calculated. other property to the INCIDENT? If so, for each item of property: 8.8 Will you lose income in the future as a result of the (a) describe the property; INCIDENT? If so, state: (b) describe the nature and location of the damage to the (a) the facts upon which you base this contention; Property; (b) an estimate of the amount; (c) an estimate of how long you will be unable to work; and (d) how the claim for future income is calculated. DISC-001 (Rev. J anuary 1, 2008) FORM INTERROGATORIES—GENERAL Page 4 of 8 ‘American LegalNet, Inc. ww. FormsWorkfiow.com DISC-001 9.0 Other Damages (c) the court, names of the parties, and case number of any KK 9.1 Are there any other damages that you attribute to the action filed; (d) the name,