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1 THARPE & HOWELL, LLP
15250 Ventura Boulevard, Ninth Floor Superior Court of California
Sherman Oaks, California 91403 County of Butte
(818) 205-9955; (818) 205-9944 fax
8/2/2021
CHARLES D. MAY, ESQ.; SBN 129663
ANDREA BREUER, ESQ.; SBN 161819
Kittay At Clesk
E-Mail: cmay@tharpe-howell.com By Deputy
E-Mail: abreuer@tharpe-howell.com Electronically FILED
Attorneys for Defendant, DOLLAR TREE STORES, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF BUTTE
10
RICK DOUGLAS DALRYMPLE, Case No. 20CV01793
11 Civil Unlimited Jurisdiction
Plaintiff, [Assigned to the Hon. Stephen Benson, Dept. 6]
12
Vv, DECLARATION OF ANDREA BREUER IN
13 SUPPORT OF DEFENDANT DOLLAR TREE
DOLLAR TREE STORES, INC., a Virginia STORES, INC.’S MOTION FOR ORDER
14 Corporation; and DOES 1 — 20, Inclusive, COMPELLING PLAINTIFF RICK DOUGLAS
DALRYMPLE TO PROVIDE RESPONSES
15 Defendants. TO REQUEST FOR IDENTIFICATION AND
PRODUCTION OF DOCUMENTS, SET ONE,
16 AND FOR SANCTIONS AGAINST
PLAINTIFF AND HIS COUNSEL, JOINTLY
17 AND SEVERALLY, IN THE AMOUNT OF
$1001.65
18
(Filed concurrently with Notice of Motion to
19 Compel; Memorandum of Points and Authorities;
and [Proposed] Order)
20
Date: September 1, 2021
21 Time: 9:00 a.m.
Department: 6
22
Complaint Filed: September 11, 2020
23 Trial Date: April 4, 2022
24 I, ANDREA BREUER, declare as follows:
25 1 I am an attorney at law duly licensed to practice before all the courts of the State of
26 California and Senior Counsel at Tharpe & Howell, LLP, attorneys of record for Defendant
27 DOLLAR TREE STORES, INC. (hereinafter “Doller Tree” or “Defendant”).
28 Mil
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DECLARATION OF ANDREA BREUER IN SUPPORT OF DEFENDANT’S MOTION FOR
ORDER COMPELLING RESPONSES TO REQUEST FOR IDENTIFICATION AND
PRODUCTION OF DOCUMENTS, SET ONE AND FOR SANCTIONS
2 Ihave personal knowledge of the matters set forth in this Declaration and, if called as
a witness, I could and would competently testify as to the truth and accuracy of the facts contained
herein.
3 I make this Declaration in support of Dollar Tree’s Motion for an Order Compelling
Plaintiff RICK DOUGLAS DALRYMPLE (‘Plaintiff’), to provide verified Responses to Request
for Identification and Production of Documents, Set One, and for sanctions against Plaintiff and his
counsel, Bral & Associates, jointly and severally.
4. On May 4, 2021, I caused to be served Request for Identification and Production of
Documents, Set One, on Plaintiff via electronic mail. Accordingly, Plaintiff's responses were due
10 to be served by June 7, 2021 pursuant to Code of Civil Procedure section § 2031.260(a). A true and
11 correct copy of Dollar Tree’s Request for Identification and Production of Documents, Set One,
12 served on May 4, 2021, is attached hereto as Exhibit “A.”
13 5 Plaintiffs counsel thereafter failed to request an extension of time to respond to the
14 Request for Identification and Production of Documents and did not serve responses by the statutory
15 deadline.
16 6. On June 8, 2021, I communicated with Sean Bral, via e-mail, to advise
17 that Plaintiffs responses to Request for Identification and Production of Documents, Set One were
18 overdue, and that all objections were waived. A true and correct copy of my email communication
19 with Mr. Bral and his office staff is attached hereto as Exhibit “B.”
7
20 On the same day, I received a response from Mr. Bret Davis of Mr. Bral’s office
21 confirming responses, without objection, would be served via e-mail before the close of business
22 June 11, 2021. See Exhibit “B.”
23 8 On the same day, Mr. Davis e-mailed Plaintiffs unverified Response to Dollar Tree’s
24 Request for Admission, Set One, and further represented that remaining discovery responses, as well
25 as verifications, would be forthcoming. See Exhibit “B.”
26 9 On June 15, 2021, I communicated via email with Mr. Davis to notify
27 him that Plaintiff's verified responses to Dollar Tree’s Request for Identification and Production of
28 Documents, Set One were still outstanding. See Exhibit “B.”
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DECLARATION OF ANDREA BREUER IN SUPPORT OF DEFENDANT’S MOTION FOR
ORDER COMPELLING RESPONSES TO REQUEST FOR IDENTIFICATION AND
PRODUCTION OF DOCUMENTS, SET ONE AND FOR SANCTIONS
10. Mr. Davis requested an additional week of time, to June 25, 2021, to provide the
outstanding verified discovery responses. I granted the extension and expressly stated that there
would be no further extensions. Mr. Davis confirmed. See Exhibit “B.”
11. To date, Plaintiff counsel office has not provided responses to Dollar Tree’s Request
for Identification and Production of Documents, Set One, served on May 4, 2021, despite having
been granted an extension to June 25, 2021 to provide verified responses without objection.
12. My client is being charged one hundred seventy dollars ($170.00) per hour for
attorney services.
13. As a result of the need to bring the present Motion, our office spent two and a half
10 (2.5) hours researching, assembling, drafting, and finalizing the instant Motion. I anticipate it will
11 take a further one and a half (1.5) hours to research and prepare a Reply to any opposition filed
12 hereto. I anticipate that it will take a further one and a half (1.5) hours to prepare for, appear on, and
13 argue the instant Motion in Butte County Superior Court for a total of $935.00 in legal fees to file
14 and appear at the instant motion.
15 14. The filing fee for this Motion is $60.00. All service fees associated with the filing
16 of this Motion are $6.65.
17 15. The total of reasonable fees and costs associated with preparing this motion is:
18 $1,001.65.
19 I declare under penalty of perjury under the law of the State of California that the foregoing
20 is true and correct. Executed this 2X day of August, 2021, at Sherman Oaks, California.
21
J, A I,
UWA {YU
22
ANDREA BREUER
23
24
25
26
27
28
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DECLARATION OF ANDREA BREUER IN SUPPORT OF DEFENDANT’S MOTION FOR
ORDER COMPELLING RESPONSES TO REQUEST FOR IDENTIFICATION AND
PRODUCTION OF DOCUMENTS, SET ONE AND FOR SANCTIONS
EXHIBIT A
THARPE & HOWELL, LLP
15250 Ventura Boulevard, Ninth Floor
Sherman Oaks, California 91403
(818) 205-9955; (818) 205-9944 fax
CHARLES D. MAY, ESQ.; SBN 129663
ANDREA BREUER, ESQ.; SBN 161819
E-Mail: cmay@tharpe-howell.com
E-Mail: abreuer@tharpe-howell.com
Attorneys for Defendant, DOLLAR TREE STORES, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF BUTTE
10
11 RICK DOUGLAS DALRYMPLE, Case No. 20CV01793
Civil Unlimited Jurisdiction
12 Plaintiff, [Assigned to the Hon. Stephen Benson, Dept. 6]
13 Vv, DEMAND FOR PRODUCTION OF
DOCUMENTS, SET ONE
14 DOLLAR TREE STORES, INC., a Virginia
Corporation; and DOES 1 — 20, Inclusive, [C.C.P. §§ 2031.010, et seq.]
15
Defendants. Complaint Filed: September 11, 2020
16
17 PROPOUNDING PARTY Defendant, DOLLAR TREE STORES, INC.
18 RESPONDING PARTY Plaintiff, RICK DOUGLAS DALRYMPLE
19 SET NUMBER ONE
20 REQUEST IS HEREBY MADE UPON plaintiff, RICK DOUGLAS DALRYMPLE, as follows:
21 DEMAND FOR PRODUCTION
22 DEMAND IS HEREBY MADE pursuant to California Code of Civil Procedure
23 §§2031.010-2031.320, inclusive, that you identify and permit inspection and copying of the
24 documents described below. Said production should include each document, paper, book, account,
25 letter, production, object or other tangible thing within your possession, custody or control, relating
26 to or falling within the categories described below.
27 The place of inspection shall be: Tharpe & Howell, LLP, 15250 Ventura Boulevard, 9th
28 Floor, Sherman Oaks, California 91403. The time for inspection shall be 10:00 a.m. on June 7, 2021
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DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE
or at such other date and time as is mutually agreed upon by the parties and continuing so long as
reasonably required.
The demand is made in accordance with the provisions of California Code of Civil Procedure
§§2031.010-2031.320, inclusive and upon the ground that all the things and evidence demanded are
not privileged and are relevant to the subject matter of this incident or are reasonably calculated to
lead to the discovery of admissible evidence herein.
INSTRUCTIONS
If any materials demanded are claimed to be privileged, please list the following for each
item claimed to be privileged:
10 (a) A brief description of the nature and content of the matter claimed to be privileged;
11 (b) The name, occupation and capacity of the individual from whom the privileged matter
12 emanated;
13 (c) The name, occupation and capacity of the individual to whom the privileged matter
14 was directed;
15 (d) The date the item bears; and
16 (e) The privilege claimed.
17 DEFINITIONS
18 1 “DOCUMENT” and “DOCUMENTS?” means and refers to any writing as defined
19 in California Evidence Code, Section 250, and includes, without limitation, any kind of written,
20 typewritten, printed, copied or recorded material whatsoever, notes, memoranda, complaints,
21 charges, claims, affidavits, statements, messages, papers, files, forms, data, tapes, printouts, letters,
22 reports, summaries, communications, policies, manuals, handbooks, minutes, logs, contracts,
23 agreements, telegrams, records, correspondence, diaries, calendars, recordings, and transcriptions of
24 records, information retrievable from computers, photographs, pictures, diagrams, drawings,
25 microfilms, invoices, bills, receipts, requests, or any other writing however produced or reproduced.
26 2 The term “INCIDENT” includes the circumstances and events surrounding the
27 alleged accident, injury, or other occurrence giving rise to this action.
28 3 "You" and "YOUR" means and refers to Plaintiff, RICK DOUGLAS
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DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE
DALRYMPLE, his agents, employees, insurance companies, attorneys, accountants, investigators,
and anyone else acting on his behalf.
4 The term “SUBJECT PROPERTY” shall refer to that real property identified by
“YOU” in “YOUR” complaint as the Dollar Tree Stores, Inc. store located at or near 801 East
Avenue, Suite 129, City of Chico, California 95926-1250
DOCUMENTS TO BE PRODUCED
DEMAND FOR PRODUCTION NO. 1:
All DOCUMENTS referencing, reflecting, or establishing how the INCIDENT occurred.
DEMAND FOR PRODUCTION NO. 2:
10 All DOCUMENTS referencing, reflecting, or describing the precise location on the
11 SUBJECT PROPERTY where the INCIDENT occurred.
12 DEMAND FOR PRODUCTION NO. 3:
13 All DOCUMENTS referencing, reflecting, or describing the dangerous condition YOU
14 contend caused or contributed to the INCIDENT.
15 DEMAND FOR PRODUCTION NO. 4:
16 All DOCUMENTS referencing, reflecting, or establishing that Dollar Tree is in some
17 manner liable or responsible for the injuries YOU sustained as a result of the INCIDENT.
18 DEMAND FOR PRODUCTION NO. 5:
19 All DOCUMENTS referencing, reflecting, or establishing all physical injuries YOU contend
20 YOU suffered as a result of the INCIDENT.
21 DEMAND FOR PRODUCTION NO. 6:
22 All DOCUMENTS referencing, reflecting, or memorializing any medical examinations,
23 assessments, treatment, diagnostic imaging, or care YOU received from any health care provider for
24 physical injuries suffered as a result of the INCIDENT.
25 DEMAND FOR PRODUCTION NO. 7:
26 All DOCUMENTS reflecting or evidencing any bills, statements, costs, expenses, debts, or
27 obligations YOU incurred from any health care provider as a result of the physical injuries YOU
28 contend YOU suffered as a result of the INCIDENT.
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DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE
DEMAND FOR PRODUCTION NO. 8:
All DOCUMENTS referencing, reflecting or evidencing amounts paid by YOU or on
YOUR behalf to any health care provider as a result of the physical injuries YOU contend YOU
suffered as a result of the INCIDENT.
DEMAND FOR PRODUCTION NO. 9:
All DOCUMENTS referencing, reflecting, or establishing any mental, psychological, or
emotional harms YOU contend YOU suffered as a result of the INCIDENT.
DEMAND FOR PRODUCTION NO. 10:
All DOCUMENTS referencing, reflecting or memorializing any examinations, assessments,
10 treatment, or care YOU received for all mental, psychological, or emotional harms YOU contend
11 YOU suffered as a result of the INCIDENT.
12 DEMAND FOR PRODUCTION NO. 11:
13 All DOCUMENTS reflecting or evidencing any bills, statements, costs, expenses, debts, or
14 obligations YOU incurred for all mental, psychological, or emotional harms YOU contend YOU
15 suffered as a result of the INCIDENT.
16 DEMAND FOR PRODUCTION NO. 12:
17 All DOCUMENTS referencing, reflecting or evidencing amounts paid by YOU or on
18 YOUR behalf for all mental, psychological, or emotional harms YOU contend YOU suffered as a
19 result of the INCIDENT.
20 DEMAND FOR PRODUCTION NO. 13:
21 All DOCUMENTS referenced or described by YOU in YOUR responses to Dollar Tree’s
22 Judicial Council Form Interrogatories Series 6.0, served concurrently herewith.
23 DEMAND FOR PRODUCTION NO. 14:
24 All DOCUMENTS which reference, reflect, or have any tendency to establish any fact
25 stated by YOU in YOUR responses to Dollar Tree’s Judicial Council Form Interrogatories Series
26 6.0, served concurrently herewith.
27 DEMAND FOR PRODUCTION NO. 15:
28 All DOCUMENTS referenced or described by YOU in YOUR responses to Dollar Tree’s
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DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE
Judicial Council Form Interrogatories series 7.0, served concurrently herewith.
DEMAND FOR PRODUCTION NO. 16:
All DOCUMENTS which reference, reflect, or have any tendency to establish any fact
stated by YOU in YOUR responses to Dollar Tree’s Judicial Council Form Interrogatories series
7.0, served concurrently herewith.
DEMAND FOR PRODUCTION NO. 17:
All DOCUMENTS referenced or described by YOU in YOUR responses to, Dollar Tree’s
Judicial Council Form Interrogatories series 8.0, served concurrently herewith.
DEMAND FOR PRODUCTION NO. 18:
10 All DOCUMENTS which reference, reflect, or have any tendency to establish any fact stated
11 by YOU in YOUR responses to Dollar Tree’s Judicial Council Form Interrogatories series 8.0,
12 served concurrently herewith.
13 DEMAND FOR PRODUCTION NO. 19:
14 All DOCUMENTS referenced or described by YOU in YOUR responses to, Dollar Tree’s
15 Judicial Council Form Interrogatories series 12.0, served concurrently herewith.
16 DEMAND FOR PRODUCTION NO. 20:
17 All DOCUMENTS which reference, reflect, or have any tendency to establish any fact stated
18 by YOU in YOUR responses to Dollar Tree’s Judicial Council Form Interrogatories series 12.0,
19 served concurrently herewith.
20 DEMAND FOR PRODUCTION NO. 21:
21 All DOCUMENTS referenced or described by YOU in YOUR responses to, Dollar Tree’s
22 Judicial Council Form Interrogatories series 17.0, served concurrently herewith.
23 DEMAND FOR PRODUCTION NO. 22:
24 All DOCUMENTS which reference, reflect, or have any tendency to establish any fact stated
25 by YOU in YOUR responses to Dollar Tree’s Judicial Council Form Interrogatories series 17.0,
26 served concurrently herewith.
27 DEMAND FOR PRODUCTION NO. 23:
28 All DOCUMENTS referenced or described by YOU in YOUR responses to Dollar Tree’s
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DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE
Special Interrogatories, served concurrently herewith.
DEMAND FOR PRODUCTION NO. 24:
All DOCUMENTS which reference, reflect, or have any tendency to establish liens,
including, but not limited to, statutory liens, healthcare liens, hospital liens and/or medical care
liens, which YOU are obligated to pay related to medical care received as a result of the INCIDENT.
Dated: May 4, 2021 THARPE & HOWELL, LLP
By
CHARLES D. MAY
10 ANDREA BREUER
Attorneys for Defendants
11 DOLLAR TREE STORES, INC.
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DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
1 At the time of service I was at least 18 years of age and not a party to this legal action.
2. My business address is 15250 Ventura Boulevard, Ninth Floor, Sherman Oaks, CA 91403.
I served copies of the following documents (specify the exact title of each document served):
DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE
I served the documents listed above in item 3 on the following persons at the addresses listed:
S. Sean Bral, Esq. Attorneys for, Plaintiff, RICK DOUGLAS
Richard Pourgol, Esq. DALRYMPLE
BRAL & ASSOCIATES
1875 Century Park East, Suite 1490
10 Los Angeles, CA 90067
Tel: (310) 789-2007 — (310) 789-2006 — Fax
11 Email: SBFirm@gmail.com
12 a. x ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the
document(s) to the persons at the e-mail address(es) listed pursuant to California
13 Rules of Court, Rule 2.251 and Code of Civil Procedure Section 1010.6. Please be
advised that during the Coronavirus (Covid-19) pandemic, this office will be
14 working remotely, not able to send physical mail as usual, and is therefore using
only electronic mail. No electronic message or other indication that the transmission
15 was unsuccessful was received within a reasonable time after the transmission.
16 6 I served the documents by the means described in item 5 on (date): ****
17 I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct.
18
19 5/4/2021 Belinda A. Porras BSelucda -#. FPerrae
DATE (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
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1:\3 1000-000\31736\Discovery\RTP to Pltf.docx
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DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE
EXHIBIT B
From: Bret Davis
To: Andrea Breuer
Ce: Sean Bral; Luis Duenas; Joseph Faccone; richard pourgol; marina ruiz; Belinda Porras
Subject: Re: [EXTERNAL EMAIL] Re: Dalrymple v. Dollar Tree (31736)
Date: Tuesday, June 15, 2021 11:04:54 AM
[EXTERNAL EMAIL]
Andrea, Counsel, yes, understood. Thank you.
Bret Davis
(3100 729 - 9085 (cell)
On Tue, Jun 15, 2021 at 10:57 AM Andrea Breuer wrote:
Bret,
I can give you one more week on these responses, but that is it. While I am sympathetic to
Mr. Bral’s circumstances, we do need to move this case forward. Plaintiff's verified
responses, without objection, to Form Interrogatories, Special Interrogatories and Request
for Production are now due on June 25, 2021. There will be no further extensions.
Regards,
Andrea Breuer
Senior Counsel
Tharpe & Howell, LLP
15250 Ventura Boulevard
Ninth Floor
Sherman Oaks, CA 91403
(818) 205-9955, ext. 212
(818) 205-9944 fax
www.tharpe-howell.com
FESO AC SSS CESSES SSIES SEEKS IEEE SASS SSE ICES IEE ASSIS ISI Rak
kK
Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and
may contain information that is privileged, confidential or otherwise protected from disclosure.
Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the
intended recipient, or an employee or agent responsible for delivering the message to the intended
recipient, is prohibited. If you have received this e-mail in error, please call the Help Desk of Tharpe &
Howell at 818-205-9955 and destroy the original message and all copies.
FESS ACSA CESSES SSS CEES SES AEE IBS EE SISSIES ISS ASSIS RISE A RE
kK
54s Please consider the environment before printing this e-mail.
From: Bret Davis
Sent: Tuesday, June 15, 2021 9:31 AM
To: Andrea Breuer
Ce: Sean Bral ; Luis Duenas ;
Joseph Faccone ; richard pourgol
; marina ruiz
Subject: Re: [EXTERNAL EMAIL] Re: Dalrymple v. Dollar Tree (31736)
[EXTERNAL EMAIL]
Andrea, we're working on Plaintiff's Discovery responses, but
we do need some additional information, and Verifications,
from Plaintiff. Please note that it is a difficult time at our
firm, since attorney Sean Bral recently lost his father, who
passed away suddenly and unexpectedly. In addition to the
obvious shock and grief, Mr. Bral has been obligated to
administer his father's estate, and to attend to his father's
ongoing business obligations. It has now been several weeks
since Mr. Bral has been in the office, and we are feeling the
effects at every level.
Nevertheless, I can, and will, finalize Plaintiff's responses,
but would ask for an additional week of time, through June
25, 2021, and we would extend Defendant's time in which to
file a Motion to Compel. We do not expect that a Motion to
Compel will be necessary. We will serve Verified responses,
without objections, via e-mail, as soon as possible.
Thank you for your continued patience in this regard.
Bret Davis
(310) 729 - 9085 (cell)
On Tue, Jun 15, 2021 at 9:12 AM Andrea Breuer wrote:
Bret,
We still have not received plaintiff's verified responses to Form Interrogatories, Special
Interrogatories and Request for Production, Set No. One. They were promised by June
11, 2021. If we do not have the responses by the close of business on June 18, 2021, we
will have no alternative but to file a motion to compel. Please advise.
Thank you.
Andrea Breuer
Senior Counsel
Tharpe & Howell, LLP
15250 Ventura Boulevard
Ninth Floor
Sherman Oaks, CA 91403
(818) 205-9955, ext. 212
(818) 205-9944 fax
www.tharpe-howell.com
FECES SSO GOSS SS SS SKS SSSI bd SS oS da rad ica na RSS I ICI AGE
sox
Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure.
Dissemination, distribution or copying of this e-mail or the information herein by anyone other than
the intended recipient, or an employee or agent responsible for delivering the message to the
intended recipient, is prohibited. If you have received this e-mail in error, please call the Help Desk
of Tharpe & Howell at 818-205-9955 and destroy the original message and all copies.
FEC SSIS CESS G OSG SE SKE OSE IESE SESE SEI SESE IES IIR IE
sox
64; Please consider the environment before printing this e-mail
From: Bret Davis
Sent: Tuesday, June 8, 2021 4:02 PM
To: Andrea Breuer
Ce: Sean Bral ; Luis Duenas ;
Joseph Faccone ; richard pourgol
; marina ruiz ; Gayane
Kupelian
Subject: Re: [EXTERNAL EMAIL] Re: Dalrymple v. Dollar Tree (31736)
[EXTERNAL EMAIL]
Andrea, thank you. Working now on the remaining
responses, as well as getting Verifications.
Bret Davis
(310) 729 - 9085 (cell)
On Tue, Jun 8, 2021 at 3:36 PM Andrea Breuer wrote:
Thank you Bret. We look forward to receipt of plaintiffs responses to form
interrogatories, request for production and special interrogatories as well as his
verifications by the end of this week.
Regards,
Andrea Breuer
Senior Counsel
Tharpe & Howell, LLP
15250 Ventura Boulevard
Ninth Floor
Sherman Oaks, CA 91403
(818) 205-9955, ext. 212
(818) 205-9944 fax
www.tharpe-howell.com
FESO CSS OES SSE SESS E SESS boa ES ISS Ida Ea ria ra KE
SK
Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from
disclosure. Dissemination, distribution or copying of this e-mail or the information herein by
anyone other than the intended recipient, or an employee or agent responsible for delivering the
message to the intended recipient, is prohibited. If you have received this e-mail in error, please
call the Help Desk of Tharpe & Howell at 818-205-9955 and destroy the original message and all
copies.
FESS GSES SES SESE ESOS EES boa KE SIGS Ida Ea Ia KICK IE
SK
4 Please consider the environment before printing this e-mail.
From: Bret Davis
Sent: Tuesday, June 8, 2021 1:03 PM
To: Andrea Breuer
Ce: Sean Bral ; Luis Duenas ;
Joseph Faccone ; richard pourgol
; marina ruiz ; Gayane
Kupelian
Subject: [EXTERNAL EMAIL] Re: Dalrymple v. Dollar Tree (31736)
[EXTERNAL EMAIL]
Andrea, attached please find Plaintiffs Response to
Requests for Admission. Will forward Verification
shortly.
Bret Davis
(310) 729 - 9085 (cell)
On Tue, Jun 8, 2021 at 12:03 PM Bret Davis wrote:
Andrea, yes, absolutely. You will have Plaintiff's
Verified Responses, without objections, via e-mail, as
requested in your e-mail.
Please note that attorney Sean Bral's father passed away
suddenly and unexpectedly, and in addition to the
obvious shock and grief, Mr. Bral has had the obligation
of administering his father's estate, and in addition, Mr.
Bral is busy dealing with his father's ongoing business
obligations, Mr. Bral will not return to the office for
several more weeks.
Mr. Bral's absence from the office has affected our
Discovery obligations, and deadlines have been missed.
We apologize for that, and we will do our best to get
your office everything you need, ASAP.
Bret Davis
(310) 729 - 9085 (cell)
On Tue, Jun 8, 2021 at 11:48 AM Andrea Breuer
wrote:
Sean,
Plaintiff was served with Form Interrogatories, Special Interrogatories, Request for
Admissions and Request for Production of Documents, Set One on May 4, 2021,
via electronic service. Responses were to be served no later than June 7, 2021. To
date, we have not received responses or granted any extensions to respond to this
discovery. Accordingly, Plaintiff's responses are overdue and objections have
been waived. Please provide your client’s full and complete verified responses,
without objections, by the close of business Friday June 11, 2021.
Regards,
Andrea Breuer
Senior Counsel
Tharpe & Howell, LLP
15250 Ventura Boulevard
Ninth Floor
Sherman Oaks, CA 91403
(818) 205-9955, ext. 212
(818) 205-9944 fax
www.tharpe-howell.com
FESO SSUES SESS ES ASSES SESE ISS SSE SSE IGS I IS Raa ag Rak ak
So GK
Confidentiality Note: This e-mail is intended only for the person or entity to which it is
addressed and may contain information that is privileged, confidential or otherwise protected
from disclosure. Dissemination, distribution or copying of this e-mail or the information
herein by anyone other than the intended recipient, or an employee or agent responsible for
delivering the message to the intended recipient, is prohibited. If you have received this e-
mail in error, please call the Help Desk of Tharpe & Howell at 818-205-9955 and destroy the
original message and all copies.
FESS E CSAS OCS GSES SS AES ES I So SEES Ibo I Ia Ici ag Rak
So GK
4 Please consider the environment before printing this e-mail.
-
Best Regards,
BRET J. DAVIS
Senior Paralegal
BRAL & ASSOCIATES
1875 Century Park East, Suite 1490
Los Angeles, CA 90067
Direct: (310) 729 - 9085 (cell)
email: Bret.sbfirm@gmail.com
web: www.seanbral.com
CONFIDENTIALITY NOTICE: The information in this message, and any
files transmitted with it, is confidential, may be legally privileged,
and intended only for the u e of the individual(s) named above. Be
aware that the us e of any confidential or personal information may be
restricted by te and federal privacy laws. If you are not the
intended recipient, do not further disseminate this message. If this
message was received in error, please notify the sender and delete it.
a
Best Regards,
BRET J. DAVIS
Senior Paralegal
BRAL & ASSOCIATES
1875 Century Park East, Suite 1490
Los Angeles, CA 90067
Direct: (310) 729 - 9085 (cell)
email: Bret.sbfirm@gmail.com
web: www. nbral.com
CONFIDENTIALITY NOTICE: The information in this m ge, and any
files transmitted with it, is confidential, may be legally privged,
and intended only for the use of the individual(s) named above. Be
aware that the use of any confidential or personal information may be
restricted by state and federal privacy laws. If you are not the
intended re ent, do not further di minate this me: e. If this
message was received in error, please notify the sender and delete it.
-
Best Regards,
BRET J. DAVIS
Senior Paralegal
BRAL & ASSOCIATES
1875 Century Park East, Suite 1490
Los Angeles, CA 90067
Direct: (310) 729 - 9085 (cell)
email: Bret.sbfirm@gmail.com
web: www.seanbral.com
CONFIDENTIALITY NOTICE: The information in this m e, and any
files transmitted with it, is confidential, may be legally privileged,
and intended only for the use of the individual(s) named above. Be
aware that the use of any confidential or personal information may be
restricted by state and federal privacy laws. If you are not the
intended recipient, do not further disseminate this m ge. If this
¢ was received in error, pl notify the sender and delete it.
--
Best Regards,
BRET J. DAVIS
Senior Paralegal
BRAL & ASSOCIATES
1875 Century Park East, Suite 1490
Los Angeles, CA 90067
Direct: (310) 729 - 9085 (cell)
email: Bret.sbfirm@gmail.com
web: ww anbral.com
CONFIDENTIALITY NOTICE: The information in this message, and any
files transmitted with it confidential, may be legally privileged,
and intended only for the of the individual named above. Be
aware that the ¢ of any confidential or personal information may be
restricted by and federal privacy laws. If you are not the
intended recipient, do not further dis: eminate this me: If this
message was received in error, ple notify the sender and delete it.
a
Best Regards,
BRETJ. DAVIS
Senior Paralegal
BRAL & ASSOCIATES
1875 Century Park East, Suite 1490
Los Angeles, CA 90067
Direct: (310) 729 - 9085 (cell)
email: Bret.sbfirm@gmail.com
web: www.seanbral.com
CONFIDENTIALITY NOTICE: The information in this message, and any
files transmitted with it, is confidential, may be legally privileged,
and intended only for the use of the individual(s) named above. Be
aware that the use of any confidential or personal information may be
restricted by state and federal privacy laws. If you are not the
intended recipient, do not further disseminate this message. If this
message was received in error, please notify the sender and delete it.
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
1 At the time of service, I was at least 18 years of age and not a party to this legal action.
2. My business address is 15250 Ventura Boulevard, Ninth Floor, Sherman Oaks, CA 91403.
3 I served copies of the following documents (specify the exact title of each document served):
DECLARATION OF ANDREA BREUER IN SUPPORT OF DEFENDANT DOLLAR
TREE STORES, INC.’S MOTION FOR ORDER COMPELLING PLAINTIFF RICK
DOUGLAS DALRYMPLE TO PROVIDE RESPONSES TO REQUEST FOR
IDENTIFICATION AND PRODUCTION OF DOCUMENTS, SET ONE, AND FOR
SANCTIONS AGAINST PLAINTIFF AND HIS COUNSEL, JOINTLY AND
SEVERALLY, IN THE AMOUNT OF $1001.65
4 I served the documents listed above in item 3 on the following persons at the addresses listed:
10
S. Sean Bral, Esq. Attorneys for, Plaintiff, RICK DOUGLAS
11 Richard Pourgol, Esq. DALRYMPLE
BRAL & ASSOCIATES
12 1875 Century Park East, Suite 1490
Los Angeles, CA 90067
13 Tel: (310) 789-2007 — (310) 789-2006 — Fax
Email: SBFirm@gmail.com
14
15
5 a By personal service. I personally delivered the documents on the date shown
16 below to the persons at the addresses listed above in item 4. (1) For a party
represented by an attorney, delivery was made to the attorney or at the attorney's
17 office by leaving the documents in an envelope or package clearly labeled to
identify the attorney being served with a receptionist or an individual in charge of
18 the office. (2) For a party delivery was made to the party or by leaving the
documents at the party's residence between the hours of eight in the morning and six)
19 in the evening with some person not less than 18 years of age.
20 By United States mail. I enclosed the documents in a sealed envelope or package
addressed to the persons at the addresses in item 4 and (specify one):
21
() deposited the sealed envelope with the United States Postal Service, with
22 the postage fully prepaid on the date shown below, or
23 (2) — placed the envelope for collection and mailing on the date shown below,
following our ordinary business practices. I am readily familiar with this
24 business's practice for collecting and processing correspondence for
mailing. On the same day that correspondence is placed for collection an
25 mailing, it is deposited in the ordinary course of business with the United
States Postal Service, in a sealed envelope with postage fully prepaid.
26
lam a resident or employed in the county where the mailing occurred. The envelope
27 or package was placed in the mail at Sherman Oaks, California.
28
-4-
DECLARATION OF ANDREA BREUER IN SUPPORT OF DEFENDANT’S MOTION FOR
ORDER COMPELLING RESPONSES TO REQUEST FOR IDENTIFICATION AND
PRODUCTION OF DOCUMENTS, SET ONE AND FOR SANCTIONS
By overnight delivery. I enclosed the documents on the date shown below in an
envelope or package provided by an overnight delivery carrier and addressed to the
person at the addresses in item 4. I placed the envelope or package for collection and
overnight delivery at an office or a regularly utilized drop box of the overnight delivery,
carrier.
By fax transmission. Based on an agreement of the parties to accept service by fax
transmission, I faxed the documents on the date shown below to the fax numbers of
the persons listed in item 4. No error was reported by the fax machine that I used. A
copy of the fax transmission, which I printed out, is attached to my file copy.
e X By e-mail or electronic transmission. By e-mailing the document(s) to the
person(s) at the e-mail address(es) listed in item 4 pursuant to California Code of
Civil Procedure Section 1010.6. I caused the documents to be sent on the date shown
below to the e-mail addresses of the persons listed in item 4. No electronic message
or other indication that the transmission was unsuccessful was received within a
reasonable time after the transmission.
10
6 I served the documents by the means described in item 5 on (date): See Below
11
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
12 and correct.
13
8/2/2021 Belinda A. Porras BSeleada
~-Z. Pormae
1 DATE (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
15
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1:\31000-000\31736\Pleadings\Motions To Compel\MTC Req to Prod (Set One)\Decl AB - MTC rfp.docx
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-5-
DECLARATION OF ANDREA BREUER IN SUPPORT OF DEFENDANT’S MOTION FOR
ORDER COMPELLING RESPONSES TO REQUEST FOR IDENTIFICATION AND
PRODUCTION OF DOCUMENTS, SET ONE AND FOR SANCTIONS
Preview
1 THARPE & HOWELL, LLP 15250 Ventura Boulevard, Ninth Floor Superior Court of California Sherman Oaks, California 91403 County of Butte (818) 205-9955; (818) 205-9944 fax 8/2/2021 CHARLES D. MAY, ESQ.; SBN 129663 ANDREA BREUER, ESQ.; SBN 161819 Kittay At Clesk E-Mail: cmay@tharpe-howell.com By Deputy E-Mail: abreuer@tharpe-howell.com Electronically FILED Attorneys for Defendant, DOLLAR TREE STORES, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF BUTTE 10 RICK DOUGLAS DALRYMPLE, Case No. 20CV01793 11 Civil Unlimited Jurisdiction Plaintiff, [Assigned to the Hon. Stephen Benson, Dept. 6] 12 Vv, DECLARATION OF ANDREA BREUER IN 13 SUPPORT OF DEFENDANT DOLLAR TREE DOLLAR TREE STORES, INC., a Virginia STORES, INC.’S MOTION FOR ORDER 14 Corporation; and DOES 1 — 20, Inclusive, COMPELLING PLAINTIFF RICK DOUGLAS DALRYMPLE TO PROVIDE RESPONSES 15 Defendants. TO REQUEST FOR IDENTIFICATION AND PRODUCTION OF DOCUMENTS, SET ONE, 16 AND FOR SANCTIONS AGAINST PLAINTIFF AND HIS COUNSEL, JOINTLY 17 AND SEVERALLY, IN THE AMOUNT OF $1001.65 18 (Filed concurrently with Notice of Motion to 19 Compel; Memorandum of Points and Authorities; and [Proposed] Order) 20 Date: September 1, 2021 21 Time: 9:00 a.m. Department: 6 22 Complaint Filed: September 11, 2020 23 Trial Date: April 4, 2022 24 I, ANDREA BREUER, declare as follows: 25 1 I am an attorney at law duly licensed to practice before all the courts of the State of 26 California and Senior Counsel at Tharpe & Howell, LLP, attorneys of record for Defendant 27 DOLLAR TREE STORES, INC. (hereinafter “Doller Tree” or “Defendant”). 28 Mil -1- DECLARATION OF ANDREA BREUER IN SUPPORT OF DEFENDANT’S MOTION FOR ORDER COMPELLING RESPONSES TO REQUEST FOR IDENTIFICATION AND PRODUCTION OF DOCUMENTS, SET ONE AND FOR SANCTIONS 2 Ihave personal knowledge of the matters set forth in this Declaration and, if called as a witness, I could and would competently testify as to the truth and accuracy of the facts contained herein. 3 I make this Declaration in support of Dollar Tree’s Motion for an Order Compelling Plaintiff RICK DOUGLAS DALRYMPLE (‘Plaintiff’), to provide verified Responses to Request for Identification and Production of Documents, Set One, and for sanctions against Plaintiff and his counsel, Bral & Associates, jointly and severally. 4. On May 4, 2021, I caused to be served Request for Identification and Production of Documents, Set One, on Plaintiff via electronic mail. Accordingly, Plaintiff's responses were due 10 to be served by June 7, 2021 pursuant to Code of Civil Procedure section § 2031.260(a). A true and 11 correct copy of Dollar Tree’s Request for Identification and Production of Documents, Set One, 12 served on May 4, 2021, is attached hereto as Exhibit “A.” 13 5 Plaintiffs counsel thereafter failed to request an extension of time to respond to the 14 Request for Identification and Production of Documents and did not serve responses by the statutory 15 deadline. 16 6. On June 8, 2021, I communicated with Sean Bral, via e-mail, to advise 17 that Plaintiffs responses to Request for Identification and Production of Documents, Set One were 18 overdue, and that all objections were waived. A true and correct copy of my email communication 19 with Mr. Bral and his office staff is attached hereto as Exhibit “B.” 7 20 On the same day, I received a response from Mr. Bret Davis of Mr. Bral’s office 21 confirming responses, without objection, would be served via e-mail before the close of business 22 June 11, 2021. See Exhibit “B.” 23 8 On the same day, Mr. Davis e-mailed Plaintiffs unverified Response to Dollar Tree’s 24 Request for Admission, Set One, and further represented that remaining discovery responses, as well 25 as verifications, would be forthcoming. See Exhibit “B.” 26 9 On June 15, 2021, I communicated via email with Mr. Davis to notify 27 him that Plaintiff's verified responses to Dollar Tree’s Request for Identification and Production of 28 Documents, Set One were still outstanding. See Exhibit “B.” -2- DECLARATION OF ANDREA BREUER IN SUPPORT OF DEFENDANT’S MOTION FOR ORDER COMPELLING RESPONSES TO REQUEST FOR IDENTIFICATION AND PRODUCTION OF DOCUMENTS, SET ONE AND FOR SANCTIONS 10. Mr. Davis requested an additional week of time, to June 25, 2021, to provide the outstanding verified discovery responses. I granted the extension and expressly stated that there would be no further extensions. Mr. Davis confirmed. See Exhibit “B.” 11. To date, Plaintiff counsel office has not provided responses to Dollar Tree’s Request for Identification and Production of Documents, Set One, served on May 4, 2021, despite having been granted an extension to June 25, 2021 to provide verified responses without objection. 12. My client is being charged one hundred seventy dollars ($170.00) per hour for attorney services. 13. As a result of the need to bring the present Motion, our office spent two and a half 10 (2.5) hours researching, assembling, drafting, and finalizing the instant Motion. I anticipate it will 11 take a further one and a half (1.5) hours to research and prepare a Reply to any opposition filed 12 hereto. I anticipate that it will take a further one and a half (1.5) hours to prepare for, appear on, and 13 argue the instant Motion in Butte County Superior Court for a total of $935.00 in legal fees to file 14 and appear at the instant motion. 15 14. The filing fee for this Motion is $60.00. All service fees associated with the filing 16 of this Motion are $6.65. 17 15. The total of reasonable fees and costs associated with preparing this motion is: 18 $1,001.65. 19 I declare under penalty of perjury under the law of the State of California that the foregoing 20 is true and correct. Executed this 2X day of August, 2021, at Sherman Oaks, California. 21 J, A I, UWA {YU 22 ANDREA BREUER 23 24 25 26 27 28 -3- DECLARATION OF ANDREA BREUER IN SUPPORT OF DEFENDANT’S MOTION FOR ORDER COMPELLING RESPONSES TO REQUEST FOR IDENTIFICATION AND PRODUCTION OF DOCUMENTS, SET ONE AND FOR SANCTIONS EXHIBIT A THARPE & HOWELL, LLP 15250 Ventura Boulevard, Ninth Floor Sherman Oaks, California 91403 (818) 205-9955; (818) 205-9944 fax CHARLES D. MAY, ESQ.; SBN 129663 ANDREA BREUER, ESQ.; SBN 161819 E-Mail: cmay@tharpe-howell.com E-Mail: abreuer@tharpe-howell.com Attorneys for Defendant, DOLLAR TREE STORES, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF BUTTE 10 11 RICK DOUGLAS DALRYMPLE, Case No. 20CV01793 Civil Unlimited Jurisdiction 12 Plaintiff, [Assigned to the Hon. Stephen Benson, Dept. 6] 13 Vv, DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE 14 DOLLAR TREE STORES, INC., a Virginia Corporation; and DOES 1 — 20, Inclusive, [C.C.P. §§ 2031.010, et seq.] 15 Defendants. Complaint Filed: September 11, 2020 16 17 PROPOUNDING PARTY Defendant, DOLLAR TREE STORES, INC. 18 RESPONDING PARTY Plaintiff, RICK DOUGLAS DALRYMPLE 19 SET NUMBER ONE 20 REQUEST IS HEREBY MADE UPON plaintiff, RICK DOUGLAS DALRYMPLE, as follows: 21 DEMAND FOR PRODUCTION 22 DEMAND IS HEREBY MADE pursuant to California Code of Civil Procedure 23 §§2031.010-2031.320, inclusive, that you identify and permit inspection and copying of the 24 documents described below. Said production should include each document, paper, book, account, 25 letter, production, object or other tangible thing within your possession, custody or control, relating 26 to or falling within the categories described below. 27 The place of inspection shall be: Tharpe & Howell, LLP, 15250 Ventura Boulevard, 9th 28 Floor, Sherman Oaks, California 91403. The time for inspection shall be 10:00 a.m. on June 7, 2021 -l- DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE or at such other date and time as is mutually agreed upon by the parties and continuing so long as reasonably required. The demand is made in accordance with the provisions of California Code of Civil Procedure §§2031.010-2031.320, inclusive and upon the ground that all the things and evidence demanded are not privileged and are relevant to the subject matter of this incident or are reasonably calculated to lead to the discovery of admissible evidence herein. INSTRUCTIONS If any materials demanded are claimed to be privileged, please list the following for each item claimed to be privileged: 10 (a) A brief description of the nature and content of the matter claimed to be privileged; 11 (b) The name, occupation and capacity of the individual from whom the privileged matter 12 emanated; 13 (c) The name, occupation and capacity of the individual to whom the privileged matter 14 was directed; 15 (d) The date the item bears; and 16 (e) The privilege claimed. 17 DEFINITIONS 18 1 “DOCUMENT” and “DOCUMENTS?” means and refers to any writing as defined 19 in California Evidence Code, Section 250, and includes, without limitation, any kind of written, 20 typewritten, printed, copied or recorded material whatsoever, notes, memoranda, complaints, 21 charges, claims, affidavits, statements, messages, papers, files, forms, data, tapes, printouts, letters, 22 reports, summaries, communications, policies, manuals, handbooks, minutes, logs, contracts, 23 agreements, telegrams, records, correspondence, diaries, calendars, recordings, and transcriptions of 24 records, information retrievable from computers, photographs, pictures, diagrams, drawings, 25 microfilms, invoices, bills, receipts, requests, or any other writing however produced or reproduced. 26 2 The term “INCIDENT” includes the circumstances and events surrounding the 27 alleged accident, injury, or other occurrence giving rise to this action. 28 3 "You" and "YOUR" means and refers to Plaintiff, RICK DOUGLAS -2- DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE DALRYMPLE, his agents, employees, insurance companies, attorneys, accountants, investigators, and anyone else acting on his behalf. 4 The term “SUBJECT PROPERTY” shall refer to that real property identified by “YOU” in “YOUR” complaint as the Dollar Tree Stores, Inc. store located at or near 801 East Avenue, Suite 129, City of Chico, California 95926-1250 DOCUMENTS TO BE PRODUCED DEMAND FOR PRODUCTION NO. 1: All DOCUMENTS referencing, reflecting, or establishing how the INCIDENT occurred. DEMAND FOR PRODUCTION NO. 2: 10 All DOCUMENTS referencing, reflecting, or describing the precise location on the 11 SUBJECT PROPERTY where the INCIDENT occurred. 12 DEMAND FOR PRODUCTION NO. 3: 13 All DOCUMENTS referencing, reflecting, or describing the dangerous condition YOU 14 contend caused or contributed to the INCIDENT. 15 DEMAND FOR PRODUCTION NO. 4: 16 All DOCUMENTS referencing, reflecting, or establishing that Dollar Tree is in some 17 manner liable or responsible for the injuries YOU sustained as a result of the INCIDENT. 18 DEMAND FOR PRODUCTION NO. 5: 19 All DOCUMENTS referencing, reflecting, or establishing all physical injuries YOU contend 20 YOU suffered as a result of the INCIDENT. 21 DEMAND FOR PRODUCTION NO. 6: 22 All DOCUMENTS referencing, reflecting, or memorializing any medical examinations, 23 assessments, treatment, diagnostic imaging, or care YOU received from any health care provider for 24 physical injuries suffered as a result of the INCIDENT. 25 DEMAND FOR PRODUCTION NO. 7: 26 All DOCUMENTS reflecting or evidencing any bills, statements, costs, expenses, debts, or 27 obligations YOU incurred from any health care provider as a result of the physical injuries YOU 28 contend YOU suffered as a result of the INCIDENT. -3- DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE DEMAND FOR PRODUCTION NO. 8: All DOCUMENTS referencing, reflecting or evidencing amounts paid by YOU or on YOUR behalf to any health care provider as a result of the physical injuries YOU contend YOU suffered as a result of the INCIDENT. DEMAND FOR PRODUCTION NO. 9: All DOCUMENTS referencing, reflecting, or establishing any mental, psychological, or emotional harms YOU contend YOU suffered as a result of the INCIDENT. DEMAND FOR PRODUCTION NO. 10: All DOCUMENTS referencing, reflecting or memorializing any examinations, assessments, 10 treatment, or care YOU received for all mental, psychological, or emotional harms YOU contend 11 YOU suffered as a result of the INCIDENT. 12 DEMAND FOR PRODUCTION NO. 11: 13 All DOCUMENTS reflecting or evidencing any bills, statements, costs, expenses, debts, or 14 obligations YOU incurred for all mental, psychological, or emotional harms YOU contend YOU 15 suffered as a result of the INCIDENT. 16 DEMAND FOR PRODUCTION NO. 12: 17 All DOCUMENTS referencing, reflecting or evidencing amounts paid by YOU or on 18 YOUR behalf for all mental, psychological, or emotional harms YOU contend YOU suffered as a 19 result of the INCIDENT. 20 DEMAND FOR PRODUCTION NO. 13: 21 All DOCUMENTS referenced or described by YOU in YOUR responses to Dollar Tree’s 22 Judicial Council Form Interrogatories Series 6.0, served concurrently herewith. 23 DEMAND FOR PRODUCTION NO. 14: 24 All DOCUMENTS which reference, reflect, or have any tendency to establish any fact 25 stated by YOU in YOUR responses to Dollar Tree’s Judicial Council Form Interrogatories Series 26 6.0, served concurrently herewith. 27 DEMAND FOR PRODUCTION NO. 15: 28 All DOCUMENTS referenced or described by YOU in YOUR responses to Dollar Tree’s -4- DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE Judicial Council Form Interrogatories series 7.0, served concurrently herewith. DEMAND FOR PRODUCTION NO. 16: All DOCUMENTS which reference, reflect, or have any tendency to establish any fact stated by YOU in YOUR responses to Dollar Tree’s Judicial Council Form Interrogatories series 7.0, served concurrently herewith. DEMAND FOR PRODUCTION NO. 17: All DOCUMENTS referenced or described by YOU in YOUR responses to, Dollar Tree’s Judicial Council Form Interrogatories series 8.0, served concurrently herewith. DEMAND FOR PRODUCTION NO. 18: 10 All DOCUMENTS which reference, reflect, or have any tendency to establish any fact stated 11 by YOU in YOUR responses to Dollar Tree’s Judicial Council Form Interrogatories series 8.0, 12 served concurrently herewith. 13 DEMAND FOR PRODUCTION NO. 19: 14 All DOCUMENTS referenced or described by YOU in YOUR responses to, Dollar Tree’s 15 Judicial Council Form Interrogatories series 12.0, served concurrently herewith. 16 DEMAND FOR PRODUCTION NO. 20: 17 All DOCUMENTS which reference, reflect, or have any tendency to establish any fact stated 18 by YOU in YOUR responses to Dollar Tree’s Judicial Council Form Interrogatories series 12.0, 19 served concurrently herewith. 20 DEMAND FOR PRODUCTION NO. 21: 21 All DOCUMENTS referenced or described by YOU in YOUR responses to, Dollar Tree’s 22 Judicial Council Form Interrogatories series 17.0, served concurrently herewith. 23 DEMAND FOR PRODUCTION NO. 22: 24 All DOCUMENTS which reference, reflect, or have any tendency to establish any fact stated 25 by YOU in YOUR responses to Dollar Tree’s Judicial Council Form Interrogatories series 17.0, 26 served concurrently herewith. 27 DEMAND FOR PRODUCTION NO. 23: 28 All DOCUMENTS referenced or described by YOU in YOUR responses to Dollar Tree’s -5- DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE Special Interrogatories, served concurrently herewith. DEMAND FOR PRODUCTION NO. 24: All DOCUMENTS which reference, reflect, or have any tendency to establish liens, including, but not limited to, statutory liens, healthcare liens, hospital liens and/or medical care liens, which YOU are obligated to pay related to medical care received as a result of the INCIDENT. Dated: May 4, 2021 THARPE & HOWELL, LLP By CHARLES D. MAY 10 ANDREA BREUER Attorneys for Defendants 11 DOLLAR TREE STORES, INC. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6- DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 1 At the time of service I was at least 18 years of age and not a party to this legal action. 2. My business address is 15250 Ventura Boulevard, Ninth Floor, Sherman Oaks, CA 91403. I served copies of the following documents (specify the exact title of each document served): DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE I served the documents listed above in item 3 on the following persons at the addresses listed: S. Sean Bral, Esq. Attorneys for, Plaintiff, RICK DOUGLAS Richard Pourgol, Esq. DALRYMPLE BRAL & ASSOCIATES 1875 Century Park East, Suite 1490 10 Los Angeles, CA 90067 Tel: (310) 789-2007 — (310) 789-2006 — Fax 11 Email: SBFirm@gmail.com 12 a. x ONLY BY ELECTRONIC TRANSMISSION. Only by e-mailing the document(s) to the persons at the e-mail address(es) listed pursuant to California 13 Rules of Court, Rule 2.251 and Code of Civil Procedure Section 1010.6. Please be advised that during the Coronavirus (Covid-19) pandemic, this office will be 14 working remotely, not able to send physical mail as usual, and is therefore using only electronic mail. No electronic message or other indication that the transmission 15 was unsuccessful was received within a reasonable time after the transmission. 16 6 I served the documents by the means described in item 5 on (date): **** 17 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 18 19 5/4/2021 Belinda A. Porras BSelucda -#. FPerrae DATE (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 20 21 22 1:\3 1000-000\31736\Discovery\RTP to Pltf.docx 23 24 25 26 27 28 -7- DEMAND FOR PRODUCTION OF DOCUMENTS, SET ONE EXHIBIT B From: Bret Davis To: Andrea Breuer Ce: Sean Bral; Luis Duenas; Joseph Faccone; richard pourgol; marina ruiz; Belinda Porras Subject: Re: [EXTERNAL EMAIL] Re: Dalrymple v. Dollar Tree (31736) Date: Tuesday, June 15, 2021 11:04:54 AM [EXTERNAL EMAIL] Andrea, Counsel, yes, understood. Thank you. Bret Davis (3100 729 - 9085 (cell) On Tue, Jun 15, 2021 at 10:57 AM Andrea Breuer wrote: Bret, I can give you one more week on these responses, but that is it. While I am sympathetic to Mr. Bral’s circumstances, we do need to move this case forward. Plaintiff's verified responses, without objection, to Form Interrogatories, Special Interrogatories and Request for Production are now due on June 25, 2021. There will be no further extensions. Regards, Andrea Breuer Senior Counsel Tharpe & Howell, LLP 15250 Ventura Boulevard Ninth Floor Sherman Oaks, CA 91403 (818) 205-9955, ext. 212 (818) 205-9944 fax www.tharpe-howell.com FESO AC SSS CESSES SSIES SEEKS IEEE SASS SSE ICES IEE ASSIS ISI Rak kK Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please call the Help Desk of Tharpe & Howell at 818-205-9955 and destroy the original message and all copies. FESS ACSA CESSES SSS CEES SES AEE IBS EE SISSIES ISS ASSIS RISE A RE kK 54s Please consider the environment before printing this e-mail. From: Bret Davis Sent: Tuesday, June 15, 2021 9:31 AM To: Andrea Breuer Ce: Sean Bral ; Luis Duenas ; Joseph Faccone ; richard pourgol ; marina ruiz Subject: Re: [EXTERNAL EMAIL] Re: Dalrymple v. Dollar Tree (31736) [EXTERNAL EMAIL] Andrea, we're working on Plaintiff's Discovery responses, but we do need some additional information, and Verifications, from Plaintiff. Please note that it is a difficult time at our firm, since attorney Sean Bral recently lost his father, who passed away suddenly and unexpectedly. In addition to the obvious shock and grief, Mr. Bral has been obligated to administer his father's estate, and to attend to his father's ongoing business obligations. It has now been several weeks since Mr. Bral has been in the office, and we are feeling the effects at every level. Nevertheless, I can, and will, finalize Plaintiff's responses, but would ask for an additional week of time, through June 25, 2021, and we would extend Defendant's time in which to file a Motion to Compel. We do not expect that a Motion to Compel will be necessary. We will serve Verified responses, without objections, via e-mail, as soon as possible. Thank you for your continued patience in this regard. Bret Davis (310) 729 - 9085 (cell) On Tue, Jun 15, 2021 at 9:12 AM Andrea Breuer wrote: Bret, We still have not received plaintiff's verified responses to Form Interrogatories, Special Interrogatories and Request for Production, Set No. One. They were promised by June 11, 2021. If we do not have the responses by the close of business on June 18, 2021, we will have no alternative but to file a motion to compel. Please advise. Thank you. Andrea Breuer Senior Counsel Tharpe & Howell, LLP 15250 Ventura Boulevard Ninth Floor Sherman Oaks, CA 91403 (818) 205-9955, ext. 212 (818) 205-9944 fax www.tharpe-howell.com FECES SSO GOSS SS SS SKS SSSI bd SS oS da rad ica na RSS I ICI AGE sox Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please call the Help Desk of Tharpe & Howell at 818-205-9955 and destroy the original message and all copies. FEC SSIS CESS G OSG SE SKE OSE IESE SESE SEI SESE IES IIR IE sox 64; Please consider the environment before printing this e-mail From: Bret Davis Sent: Tuesday, June 8, 2021 4:02 PM To: Andrea Breuer Ce: Sean Bral ; Luis Duenas ; Joseph Faccone ; richard pourgol ; marina ruiz ; Gayane Kupelian Subject: Re: [EXTERNAL EMAIL] Re: Dalrymple v. Dollar Tree (31736) [EXTERNAL EMAIL] Andrea, thank you. Working now on the remaining responses, as well as getting Verifications. Bret Davis (310) 729 - 9085 (cell) On Tue, Jun 8, 2021 at 3:36 PM Andrea Breuer wrote: Thank you Bret. We look forward to receipt of plaintiffs responses to form interrogatories, request for production and special interrogatories as well as his verifications by the end of this week. Regards, Andrea Breuer Senior Counsel Tharpe & Howell, LLP 15250 Ventura Boulevard Ninth Floor Sherman Oaks, CA 91403 (818) 205-9955, ext. 212 (818) 205-9944 fax www.tharpe-howell.com FESO CSS OES SSE SESS E SESS boa ES ISS Ida Ea ria ra KE SK Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e-mail in error, please call the Help Desk of Tharpe & Howell at 818-205-9955 and destroy the original message and all copies. FESS GSES SES SESE ESOS EES boa KE SIGS Ida Ea Ia KICK IE SK 4 Please consider the environment before printing this e-mail. From: Bret Davis Sent: Tuesday, June 8, 2021 1:03 PM To: Andrea Breuer Ce: Sean Bral ; Luis Duenas ; Joseph Faccone ; richard pourgol ; marina ruiz ; Gayane Kupelian Subject: [EXTERNAL EMAIL] Re: Dalrymple v. Dollar Tree (31736) [EXTERNAL EMAIL] Andrea, attached please find Plaintiffs Response to Requests for Admission. Will forward Verification shortly. Bret Davis (310) 729 - 9085 (cell) On Tue, Jun 8, 2021 at 12:03 PM Bret Davis wrote: Andrea, yes, absolutely. You will have Plaintiff's Verified Responses, without objections, via e-mail, as requested in your e-mail. Please note that attorney Sean Bral's father passed away suddenly and unexpectedly, and in addition to the obvious shock and grief, Mr. Bral has had the obligation of administering his father's estate, and in addition, Mr. Bral is busy dealing with his father's ongoing business obligations, Mr. Bral will not return to the office for several more weeks. Mr. Bral's absence from the office has affected our Discovery obligations, and deadlines have been missed. We apologize for that, and we will do our best to get your office everything you need, ASAP. Bret Davis (310) 729 - 9085 (cell) On Tue, Jun 8, 2021 at 11:48 AM Andrea Breuer wrote: Sean, Plaintiff was served with Form Interrogatories, Special Interrogatories, Request for Admissions and Request for Production of Documents, Set One on May 4, 2021, via electronic service. Responses were to be served no later than June 7, 2021. To date, we have not received responses or granted any extensions to respond to this discovery. Accordingly, Plaintiff's responses are overdue and objections have been waived. Please provide your client’s full and complete verified responses, without objections, by the close of business Friday June 11, 2021. Regards, Andrea Breuer Senior Counsel Tharpe & Howell, LLP 15250 Ventura Boulevard Ninth Floor Sherman Oaks, CA 91403 (818) 205-9955, ext. 212 (818) 205-9944 fax www.tharpe-howell.com FESO SSUES SESS ES ASSES SESE ISS SSE SSE IGS I IS Raa ag Rak ak So GK Confidentiality Note: This e-mail is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. Dissemination, distribution or copying of this e-mail or the information herein by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is prohibited. If you have received this e- mail in error, please call the Help Desk of Tharpe & Howell at 818-205-9955 and destroy the original message and all copies. FESS E CSAS OCS GSES SS AES ES I So SEES Ibo I Ia Ici ag Rak So GK 4 Please consider the environment before printing this e-mail. - Best Regards, BRET J. DAVIS Senior Paralegal BRAL & ASSOCIATES 1875 Century Park East, Suite 1490 Los Angeles, CA 90067 Direct: (310) 729 - 9085 (cell) email: Bret.sbfirm@gmail.com web: www.seanbral.com CONFIDENTIALITY NOTICE: The information in this message, and any files transmitted with it, is confidential, may be legally privileged, and intended only for the u e of the individual(s) named above. Be aware that the us e of any confidential or personal information may be restricted by te and federal privacy laws. If you are not the intended recipient, do not further disseminate this message. If this message was received in error, please notify the sender and delete it. a Best Regards, BRET J. DAVIS Senior Paralegal BRAL & ASSOCIATES 1875 Century Park East, Suite 1490 Los Angeles, CA 90067 Direct: (310) 729 - 9085 (cell) email: Bret.sbfirm@gmail.com web: www. nbral.com CONFIDENTIALITY NOTICE: The information in this m ge, and any files transmitted with it, is confidential, may be legally privged, and intended only for the use of the individual(s) named above. Be aware that the use of any confidential or personal information may be restricted by state and federal privacy laws. If you are not the intended re ent, do not further di minate this me: e. If this message was received in error, please notify the sender and delete it. - Best Regards, BRET J. DAVIS Senior Paralegal BRAL & ASSOCIATES 1875 Century Park East, Suite 1490 Los Angeles, CA 90067 Direct: (310) 729 - 9085 (cell) email: Bret.sbfirm@gmail.com web: www.seanbral.com CONFIDENTIALITY NOTICE: The information in this m e, and any files transmitted with it, is confidential, may be legally privileged, and intended only for the use of the individual(s) named above. Be aware that the use of any confidential or personal information may be restricted by state and federal privacy laws. If you are not the intended recipient, do not further disseminate this m ge. If this ¢ was received in error, pl notify the sender and delete it. -- Best Regards, BRET J. DAVIS Senior Paralegal BRAL & ASSOCIATES 1875 Century Park East, Suite 1490 Los Angeles, CA 90067 Direct: (310) 729 - 9085 (cell) email: Bret.sbfirm@gmail.com web: ww anbral.com CONFIDENTIALITY NOTICE: The information in this message, and any files transmitted with it confidential, may be legally privileged, and intended only for the of the individual named above. Be aware that the ¢ of any confidential or personal information may be restricted by and federal privacy laws. If you are not the intended recipient, do not further dis: eminate this me: If this message was received in error, ple notify the sender and delete it. a Best Regards, BRETJ. DAVIS Senior Paralegal BRAL & ASSOCIATES 1875 Century Park East, Suite 1490 Los Angeles, CA 90067 Direct: (310) 729 - 9085 (cell) email: Bret.sbfirm@gmail.com web: www.seanbral.com CONFIDENTIALITY NOTICE: The information in this message, and any files transmitted with it, is confidential, may be legally privileged, and intended only for the use of the individual(s) named above. Be aware that the use of any confidential or personal information may be restricted by state and federal privacy laws. If you are not the intended recipient, do not further disseminate this message. If this message was received in error, please notify the sender and delete it. PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 1 At the time of service, I was at least 18 years of age and not a party to this legal action. 2. My business address is 15250 Ventura Boulevard, Ninth Floor, Sherman Oaks, CA 91403. 3 I served copies of the following documents (specify the exact title of each document served): DECLARATION OF ANDREA BREUER IN SUPPORT OF DEFENDANT DOLLAR TREE STORES, INC.’S MOTION FOR ORDER COMPELLING PLAINTIFF RICK DOUGLAS DALRYMPLE TO PROVIDE RESPONSES TO REQUEST FOR IDENTIFICATION AND PRODUCTION OF DOCUMENTS, SET ONE, AND FOR SANCTIONS AGAINST PLAINTIFF AND HIS COUNSEL, JOINTLY AND SEVERALLY, IN THE AMOUNT OF $1001.65 4 I served the documents listed above in item 3 on the following persons at the addresses listed: 10 S. Sean Bral, Esq. Attorneys for, Plaintiff, RICK DOUGLAS 11 Richard Pourgol, Esq. DALRYMPLE BRAL & ASSOCIATES 12 1875 Century Park East, Suite 1490 Los Angeles, CA 90067 13 Tel: (310) 789-2007 — (310) 789-2006 — Fax Email: SBFirm@gmail.com 14 15 5 a By personal service. I personally delivered the documents on the date shown 16 below to the persons at the addresses listed above in item 4. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney's 17 office by leaving the documents in an envelope or package clearly labeled to identify the attorney being served with a receptionist or an individual in charge of 18 the office. (2) For a party delivery was made to the party or by leaving the documents at the party's residence between the hours of eight in the morning and six) 19 in the evening with some person not less than 18 years of age. 20 By United States mail. I enclosed the documents in a sealed envelope or package addressed to the persons at the addresses in item 4 and (specify one): 21 () deposited the sealed envelope with the United States Postal Service, with 22 the postage fully prepaid on the date shown below, or 23 (2) — placed the envelope for collection and mailing on the date shown below, following our ordinary business practices. I am readily familiar with this 24 business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection an 25 mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. 26 lam a resident or employed in the county where the mailing occurred. The envelope 27 or package was placed in the mail at Sherman Oaks, California. 28 -4- DECLARATION OF ANDREA BREUER IN SUPPORT OF DEFENDANT’S MOTION FOR ORDER COMPELLING RESPONSES TO REQUEST FOR IDENTIFICATION AND PRODUCTION OF DOCUMENTS, SET ONE AND FOR SANCTIONS By overnight delivery. I enclosed the documents on the date shown below in an envelope or package provided by an overnight delivery carrier and addressed to the person at the addresses in item 4. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery, carrier. By fax transmission. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents on the date shown below to the fax numbers of the persons listed in item 4. No error was reported by the fax machine that I used. A copy of the fax transmission, which I printed out, is attached to my file copy. e X By e-mail or electronic transmission. By e-mailing the document(s) to the person(s) at the e-mail address(es) listed in item 4 pursuant to California Code of Civil Procedure Section 1010.6. I caused the documents to be sent on the date shown below to the e-mail addresses of the persons listed in item 4. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission. 10 6 I served the documents by the means described in item 5 on (date): See Below 11 I declare under penalty of perjury under the laws of the State of California that the foregoing is true 12 and correct. 13 8/2/2021 Belinda A. Porras BSeleada ~-Z. Pormae 1 DATE (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) 15 16 1:\31000-000\31736\Pleadings\Motions To Compel\MTC Req to Prod (Set One)\Decl AB - MTC rfp.docx 17 18 19 20 21 22 23 24 25 26 27 28 -5- DECLARATION OF ANDREA BREUER IN SUPPORT OF DEFENDANT’S MOTION FOR ORDER COMPELLING RESPONSES TO REQUEST FOR IDENTIFICATION AND PRODUCTION OF DOCUMENTS, SET ONE AND FOR SANCTIONS