Preview
11/10/2020
1 SONIA R. MARTIN (SBN 191148)
sonia.martin@dentons.com
2 ANDREA M. HALL (SBN 317491)
andrea.hall@dentons.com
3 DENTONS US LLP
One Market Plaza
4 Spear Tower, 24th Floor
San Francisco, CA 94105
5 Telephone: 415 267 4000
Facsimile: 415 267 4198
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Attorneys for Defendant AMCO Insurance
7 Company
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN MATEO
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SAN FRANCISCO, CALIFORNIA 94105
SPEAR TOWER, 24TH FLOOR
12 MARK MIGDAL; ANETTA KALK No. 19CIV05455
ONE MARKET PLAZA
MIGDAL; and GRAND CENTURY
DENTONS US LLP
415 267 4000
13 SECURED INVESTMENTS, Unlimited Jurisdiction
14 Plaintiffs, DECLARATION OF SONIA MARTIN IN
SUPPORT OF OBJECTIONS TO
15 vs. PLAINTIFFS’ EVIDENCE IN SUPPORT OF
MOTION TO COMPEL APPRAISAL AND
16 AMCO INSURANCE COMPANY, FOR STAY OF LITIGATION
17 Defendant. Date: November 13, 2020
Time: 1:30 pm
18 Dept.: Law and Motion
Judge: Hon. Nancy L Fineman
19 Date Action Filed: September 17, 2019
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I, Sonia Martin, declare as follows:
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1. I am an attorney at law duly licensed to practice before the courts of this State. I
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am a partner with the firm of Dentons US LLP, counsel of record for defendant AMCO Insurance
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Company, and I have personal knowledge of the facts set forth in this declaration so that if called
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as a witness in this matter I could and would testify competently thereto.
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2. Attached hereto as Exhibit A are the Migdals’ supplemental responses to AMCO
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requests for production, set two.
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MARTIN DECLARATION ISO OPPOSITION TO MOTION TO COMPEL ARBITRATION
1 I declare under penalty of perjury under the laws of the State of California that the
2 foregoing statements are true and correct. Executed this 10th day of November, 2020, at
3 San Francisco, California.
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______________________________
5 Sonia Martin
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SAN FRANCISCO, CALIFORNIA 94105
SPEAR TOWER, 24TH FLOOR
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ONE MARKET PLAZA
DENTONS US LLP
415 267 4000
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-2-
MARTIN DECLARATION ISO OPPOSITION TO MOTION TO COMPEL ARBITRATION
EXHIBIT A
1 Steven M. Morger (Bar No. 115108)
WENDEL ROSEN LLP
2 1111 Broadway, 24th Floor
Oakland, California 94607-4036
3 Telephone: (510) 834-6600
Fax: (510) 834-1928
4 Email: smorger@wendel.com;
gbarrera@wendel.com
5
Attorneys for Plaintiffs
6 MARK MIGDAL and
ANETTA KALK MIGDAL
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN MATEO
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11 MARK MIGDAL; ANETTA KALK Case No. 19CIV05455
MIGDAL; GRAND CENTURY SECURED
12 INVESTMENTS, LLC, a California limited SUPPLEMENTAL RESPONSE OF
liability company, PLAINTIFFS MARK MIGDAL AND
O akland, Ca lif or ni a 946 07-4 036
1111 Bro adw ay, 24 t h F lo or
Wendel Rosen LLP
13 ANETTA KALK MIGDAL TO SECOND
Plaintiffs, REQUEST FOR PRODUCTION OF
14 DOCUMENTS PROPOUNDED BY
vs. DEFENDANT AMCO INSURANCE
15 COMPANY
AMCO INSURANCE COMPANY, an Iowa
16 corporation; AMERICAN TECHNOLOGIES,
INC., a California corporation; and DOES 1 Action Filed: September 17, 2019
17 through 100, inclusive, Trial Date: None set
18 Defendants.
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21 PROPOUNDING PARTY: Defendant AMCO INSURANCE COMPANY
22 RESPONDING PARTY: Plaintiff MARK MIGDAL AND ANETTA KALK MIGDAL
23 SET NO.: SUPPLEMENTAL TWO
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SUPPLEMENTAL RESPONSE OF PLAINTIFFS MARK MIGDAL AND ANETTA KALK MIGDAL TO SECOND
REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED BY DEFENDANT AMCO INSURANCE
COMPANY
1 Pursuant to Sections 2031.010, et seq., of the California Code of Civil Procedure, Plaintiffs
2 MARK MIGDAL AND ANETTA KALK MIGDAL ("Responding Parties") submit these
3 supplemental responses and objections to the Requests for Production of Documents, Set Number
4 Two, propounded by Defendant AMCO INSURANCE COMPANY ("Propounding Party").
5 PRELIMINARY STATEMENT
6 Responding Parties have not completed their investigation of the facts relating to this case,
7 their discovery or their preparation for trial. All responses and objections contained herein are
8 based only upon information that is presently available to and specifically known by Responding
9 Parties. It is anticipated that further discovery, independent investigation, legal research and
10 analysis will supply additional facts and add meaning to known facts, as well as establish entirely
11 new factual conclusions and legal contentions, all of which may lead to substantial additions to,
12 changes in and variations from the responses set forth herein.
O akland, Ca lif or ni a 946 07-4 036
1111 Bro adw ay, 24 t h F lo or
Wendel Rosen LLP
13 These responses, while based on diligent inquiry and investigation by Responding Parties,
14 reflect only the current state of Responding Parties' knowledge, understanding, and belief, based
15 upon the information reasonably available to them at this time. As this action proceeds, and
16 further investigation and discovery are conducted, additional or different facts and information
17 could be revealed to Responding Parties. Moreover, Responding Parties anticipate that
18 Propounding Party may make legal or factual contentions presently unknown to and unforeseen by
19 Responding Parties which may require Responding Parties to adduce further facts in rebuttal to
20 such contentions. Consequently, Responding Parties may not yet have knowledge and may not
21 fully understand the significance of information potentially pertinent to these responses.
22 Accordingly, these responses are provided without prejudice to Responding Parties' right to rely
23 upon and use any information that they subsequently discover, or that was omitted from these
24 responses as a result of mistake, inadvertence, surprise, or excusable neglect. Without in any way
25 obligating themselves to do so, Responding Parties reserve the right to modify, supplement, revise,
26 or amend these responses, and to correct any inadvertent errors or omissions which may be
27 contained herein, in light of the information that Responding Parties may subsequently obtain or
28 discover.
2
SUPPLEMENTAL RESPONSE OF PLAINTIFFS MARK MIGDAL AND ANETTA KALK MIGDAL TO SECOND
REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED BY DEFENDANT AMCO INSURANCE
COMPANY
1 Nothing in this response should be construed as an admission by Responding Parties with
2 respect to the admissibility or relevance of any fact or document, or of the truth or accuracy of any
3 characterization or statement of any kind contained in Propounding Party's demands.
4 Each of the following responses is made solely for the purpose of this action. Each
5 response is subject to all objections as to relevance, materiality, and admissibility, and to any and
6 all objections on any ground that would require exclusion of any response if it were introduced in
7 court. All objections and grounds are expressly reserved and may be interposed at the time of
8 trial, hearing, or otherwise. Furthermore, each of the objections contained herein is incorporated
9 by reference as though fully set forth in each response.
10 The following objections and responses are made without prejudice to Responding Parties'
11 right to produce at trial, or otherwise, evidence regarding any subsequently discovered
12 information. Responding Parties accordingly reserve the right to modify and amend any and all
O akland, Ca lif or ni a 946 07-4 036
1111 Bro adw ay, 24 t h F lo or
Wendel Rosen LLP
13 responses herein as research is completed and contentions are made.
14 Nothing contained herein is to be construed as a waiver of any attorney-client privilege,
15 work product doctrine, or any other applicable privilege or doctrine. To the extent any
16 interrogatory may be construed as calling for disclosure of information protected from discovery
17 by the attorney-client privilege, the work product doctrine, or any other privilege or protection, a
18 continuing objection to each and every such interrogatory is hereby interposed.
19 Without waiver of the foregoing, Responding Parties further responds as follows:
20 SUPPLEMENTAL RESPONSES TO REQUESTS FOR PRODUCTION
21 REQUEST FOR PRODUCTION NO. 16:
22 All documents relating to the matter titled J. Robert Taylor v. Mark Migdal, et al., San
23 Mateo County Superior Court Case No. 18CV06912.
24 RESPONSE TO REQUEST FOR PRODUCTION NO. 16:
25 Responding Parties object to this request for production on that grounds that the request is
26 overbroad, the documents requested are irrelevant to the above captioned proceeding and are
27 publicly available to requesting party. Responding Parties further object to this request to the
28 extent it seeks documents privileged from production on attorney-client, attorney work product
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SUPPLEMENTAL RESPONSE OF PLAINTIFFS MARK MIGDAL AND ANETTA KALK MIGDAL TO SECOND
REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED BY DEFENDANT AMCO INSURANCE
COMPANY
1 and joint interest privileges. Based on the foregoing objections, Responding Parties will not
2 produce any documents responsive to this request.
3 SUPPLEMENTAL RESPONSE TO DEMAND FOR PRODUCTION NO. 16:
4 Responding Parties stand by the prior response.
5 REQUEST FOR PRODUCTION NO. 17:
6 All documents relating to the title for property at 445 Golden Oak Drive, Portola Valley,
7 California.
8 RESPONSE TO REQUEST FOR PRODUCTION NO. 17:
9 Responding Parties object to this request for production on that grounds that the request is
10 overbroad, the documents requested are irrelevant to the above captioned proceeding and are
11 publicly available to requesting party. Responding Parties further object to this request to the
12 extent it seeks documents privileged from production on attorney-client, attorney work product
O akland, Ca lif or ni a 946 07-4 036
1111 Bro adw ay, 24 t h F lo or
Wendel Rosen LLP
13 and joint interest privileges. Based on the foregoing objections, Responding Parties will not
14 produce any documents responsive to this request.
15 SUPPLEMENTAL RESPONSE TO DEMAND FOR PRODUCTION NO. 18:
16 Responding Parties are unaware of any documents relating to title to the Subject Property
17 which have not been recorded in the Official Records of San Mateo County, California.
18 REQUEST FOR PRODUCTION NO. 19:
19 All communications between YOU (as used in these requests, "YOU" and "YOUR"
20 include MARK MIGDAL and ANETTA KALK MIGDAL) and Grand Century Secured
21 Investments LLC or any representative thereof, including but not limited to Grand Century
22 Trading Group Limited, Svetlana Kotusova, Menachem Schilit, and Alon Shine, relating to the
23 repair of the property at 445 Golden Oak Drive, Portola Valley, California.
24 RESPONSE TO REQUEST FOR PRODUCTION NO. 19:
25 Responding Parties object to this request for production on that grounds that the request is
26 overbroad, the documents requested are irrelevant to the above captioned proceeding and are
27 publicly available to requesting party. Responding Parties further object to this request to the
28 extent it seeks documents privileged from production on attorney-client, attorney work product
4
SUPPLEMENTAL RESPONSE OF PLAINTIFFS MARK MIGDAL AND ANETTA KALK MIGDAL TO SECOND
REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED BY DEFENDANT AMCO INSURANCE
COMPANY
1 and joint interest privileges. Based on the foregoing objections, Responding Parties will not
2 produce any documents responsive to this request.
3 SUPPLEMENTAL RESPONSE TO DEMAND FOR PRODUCTION NO. 20:
4 Subject to the prior objections, Responding Parties will produce documents responsive to
5 this demand. No documents are being withheld based on objections or privilege.
6 REQUEST FOR PRODUCTION NO. 21:
7 All communications between YOU and Grand Century Secured Investments LLC or any
8 representative thereof, including but not limited to Grand Century Trading Group Limited,
9 Svetlana Kotusova, Menachem Schilit, and Alon Shine, relating to the funding of repairs to the
10 property at 445 Golden Oak Drive, Portola Valley, California.
11 RESPONSE TO REQUEST FOR PRODUCTION NO. 21:
12 Responding Parties object to this request for production on that grounds that the request is
O akland, Ca lif or ni a 946 07-4 036
1111 Bro adw ay, 24 t h F lo or
Wendel Rosen LLP
13 overbroad, the documents requested are irrelevant to the above captioned proceeding and are
14 publicly available to requesting party. Responding Parties further object to this request to the
15 extent it seeks documents privileged from production on attorney-client, attorney work product
16 and joint interest privileges. Based on the foregoing objections, Responding Parties will not
17 produce any documents responsive to this request.
18 SUPPLEMENTAL RESPONSE TO DEMAND FOR PRODUCTION NO. 22:
19 Subject to the prior objections, Responding Parties will produce documents responsive to
20 this demand. No documents are being withheld based on objections or privilege.
21 REQUEST FOR PRODUCTION NO. 23:
22 All communications between YOU and Century Grand Properties, LLC, relating to the
23 repair of the property at 445 Golden Oak Drive, Portola Valley, California.
24 RESPONSE TO REQUEST FOR PRODUCTION NO. 23:
25 Responding Parties object to this request for production on that grounds that the request is
26 overbroad, the documents requested are irrelevant to the above captioned proceeding and are
27 publicly available to requesting party. Responding Parties further object to this request to the
28 extent it seeks documents privileged from production on attorney-client, attorney work product
5
SUPPLEMENTAL RESPONSE OF PLAINTIFFS MARK MIGDAL AND ANETTA KALK MIGDAL TO SECOND
REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED BY DEFENDANT AMCO INSURANCE
COMPANY
1 and joint interest privileges. Subject to the foregoing objections, Responding Parties are unaware
2 of any documents responsive to this request.
3 SUPPLEMENTAL RESPONSE TO DEMAND FOR PRODUCTION NO. 24:
4 Responding Parties are aware of no documents responsive to this request. No documents
5 are being withheld based on the asserted objections or based on privilege.
6 REQUEST FOR PRODUCTION NO. 25:
7 All communications between YOU and Century Grand Properties, LLC relating to the
8 funding of repairs to the property at 445 Golden Oak Drive, Portola Valley, California.
9 RESPONSE TO REQUEST FOR PRODUCTION NO. 25:
10 Responding Parties object to this request for production on that grounds that the request is
11 overbroad, the documents requested are irrelevant to the above captioned proceeding and are
12 publicly available to requesting party. Responding Parties further object to this request to the
O akland, Ca lif or ni a 946 07-4 036
1111 Bro adw ay, 24 t h F lo or
Wendel Rosen LLP
13 extent it seeks documents privileged from production on attorney-client, attorney work product
14 and joint interest privileges. Subject to the foregoing objections, Responding Parties are unaware
15 of any documents responsive to this request.
16 SUPPLEMENTAL RESPONSE TO DEMAND FOR PRODUCTION NO. 26:
17 Responding Parties are aware of no documents responsive to this request. No documents
18 are being withheld based on the asserted objections or based on privilege.
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DATED: October 16, 2020 WENDEL ROSEN LLP
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23 By:
Steven M. Morger
24 Attorneys for Plaintiffs
MARK MIGDAL and ANETTA KALK MIGDAL
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SUPPLEMENTAL RESPONSE OF PLAINTIFFS MARK MIGDAL AND ANETTA KALK MIGDAL TO SECOND
REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED BY DEFENDANT AMCO INSURANCE
COMPANY
1 PROOF OF SERVICE
2 Mark Migdal, et al. v. AMCO Insurance Company, et al.
San Mateo County Superior Court Case No. 19CIV05455
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STATE OF CALIFORNIA, COUNTY OF ALAMEDA
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At the time of service, I was over 18 years of age and not a party to this action. I am
5 employed in the County of Alameda, State of California. My business address is 1111 Broadway,
24th Floor, Oakland, CA 94607-4036.
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On October 16, 2020, I served true copies of the following document(s) described as
7 SUPPLEMENTAL RESPONSE OF PLAINTIFFS MARK MIGDAL AND ANETTA KALK
MIGDAL TO SECOND REQUEST FOR PRODUCTION OF DOCUMENTS
8 PROPOUNDED BY DEFENDANT AMCO INSURANCE COMPANY on the interested
parties in this action as follows:
9
SEE ATTACHED SERVICE LIST
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BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the
11 document(s) to be sent from e-mail address tgan@wendel.com to the persons at the e-mail
addresses listed in the Service List. I did not receive, within a reasonable time after the
12 transmission, any electronic message or other indication that the transmission was unsuccessful.
O akland, Ca lif or ni a 946 07-4 036
1111 Bro adw ay, 24 t h F lo or
Wendel Rosen LLP
13 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
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Executed on October 16, 2020, at Oakland, California.
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17 Shelley Lott
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SUPPLEMENTAL RESPONSE OF PLAINTIFFS MARK MIGDAL AND ANETTA KALK MIGDAL TO SECOND
REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED BY DEFENDANT AMCO INSURANCE
COMPANY
1 SERVICE LIST
Mark Migdal, et al. v. AMCO Insurance Company, et al.
2 San Mateo County Superior Court Case No. 19CIV05455
3 Sonia Martin, Esq. Attorneys for Defendant AMCO Insurance
Andrea Hall, Esq. Company
4 DENTONS US LLP
One Market Plaza, Spear Tower, 24th Floor
5 San Francisco, CA 94105
Telephone: 415-267-4000
6 Facsimile: 415-267-4198
Email: sonia.martin@dentons.com;
7 andrea.hall@dentons.com
8 James D. Curran, Esq. Attorneys for Defendant/Cross-Complainant
David F. Myers, Esq. AMERICAN TECHNOLOGIES, INC.
9 Catharine M. Tolson, Esq.
WOLKIN CURRAN, LLP
10 111 Maiden Lane, 6th Floor
San Francisco, CA 94108
11 Telephone: 415-982-9390
Facsimile: 415-982-4328
12 Email: jcurran@wolkincurran.com;
dmyers@wolkincurran.com;
O akland, Ca lif or ni a 946 07-4 036
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Wendel Rosen LLP
13 ctolson@wolkincurran.com
14 Matthew J. Gluck, Esq. Attorn
Preview
11/10/2020 1 SONIA R. MARTIN (SBN 191148) sonia.martin@dentons.com 2 ANDREA M. HALL (SBN 317491) andrea.hall@dentons.com 3 DENTONS US LLP One Market Plaza 4 Spear Tower, 24th Floor San Francisco, CA 94105 5 Telephone: 415 267 4000 Facsimile: 415 267 4198 6 Attorneys for Defendant AMCO Insurance 7 Company 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN MATEO 10 11 SAN FRANCISCO, CALIFORNIA 94105 SPEAR TOWER, 24TH FLOOR 12 MARK MIGDAL; ANETTA KALK No. 19CIV05455 ONE MARKET PLAZA MIGDAL; and GRAND CENTURY DENTONS US LLP 415 267 4000 13 SECURED INVESTMENTS, Unlimited Jurisdiction 14 Plaintiffs, DECLARATION OF SONIA MARTIN IN SUPPORT OF OBJECTIONS TO 15 vs. PLAINTIFFS’ EVIDENCE IN SUPPORT OF MOTION TO COMPEL APPRAISAL AND 16 AMCO INSURANCE COMPANY, FOR STAY OF LITIGATION 17 Defendant. Date: November 13, 2020 Time: 1:30 pm 18 Dept.: Law and Motion Judge: Hon. Nancy L Fineman 19 Date Action Filed: September 17, 2019 20 I, Sonia Martin, declare as follows: 21 1. I am an attorney at law duly licensed to practice before the courts of this State. I 22 am a partner with the firm of Dentons US LLP, counsel of record for defendant AMCO Insurance 23 Company, and I have personal knowledge of the facts set forth in this declaration so that if called 24 as a witness in this matter I could and would testify competently thereto. 25 2. Attached hereto as Exhibit A are the Migdals’ supplemental responses to AMCO 26 requests for production, set two. 27 28 MARTIN DECLARATION ISO OPPOSITION TO MOTION TO COMPEL ARBITRATION 1 I declare under penalty of perjury under the laws of the State of California that the 2 foregoing statements are true and correct. Executed this 10th day of November, 2020, at 3 San Francisco, California. 4 ______________________________ 5 Sonia Martin 6 7 8 9 10 11 SAN FRANCISCO, CALIFORNIA 94105 SPEAR TOWER, 24TH FLOOR 12 ONE MARKET PLAZA DENTONS US LLP 415 267 4000 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- MARTIN DECLARATION ISO OPPOSITION TO MOTION TO COMPEL ARBITRATION EXHIBIT A 1 Steven M. Morger (Bar No. 115108) WENDEL ROSEN LLP 2 1111 Broadway, 24th Floor Oakland, California 94607-4036 3 Telephone: (510) 834-6600 Fax: (510) 834-1928 4 Email: smorger@wendel.com; gbarrera@wendel.com 5 Attorneys for Plaintiffs 6 MARK MIGDAL and ANETTA KALK MIGDAL 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN MATEO 10 11 MARK MIGDAL; ANETTA KALK Case No. 19CIV05455 MIGDAL; GRAND CENTURY SECURED 12 INVESTMENTS, LLC, a California limited SUPPLEMENTAL RESPONSE OF liability company, PLAINTIFFS MARK MIGDAL AND O akland, Ca lif or ni a 946 07-4 036 1111 Bro adw ay, 24 t h F lo or Wendel Rosen LLP 13 ANETTA KALK MIGDAL TO SECOND Plaintiffs, REQUEST FOR PRODUCTION OF 14 DOCUMENTS PROPOUNDED BY vs. DEFENDANT AMCO INSURANCE 15 COMPANY AMCO INSURANCE COMPANY, an Iowa 16 corporation; AMERICAN TECHNOLOGIES, INC., a California corporation; and DOES 1 Action Filed: September 17, 2019 17 through 100, inclusive, Trial Date: None set 18 Defendants. 19 20 21 PROPOUNDING PARTY: Defendant AMCO INSURANCE COMPANY 22 RESPONDING PARTY: Plaintiff MARK MIGDAL AND ANETTA KALK MIGDAL 23 SET NO.: SUPPLEMENTAL TWO 24 25 26 27 28 SUPPLEMENTAL RESPONSE OF PLAINTIFFS MARK MIGDAL AND ANETTA KALK MIGDAL TO SECOND REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED BY DEFENDANT AMCO INSURANCE COMPANY 1 Pursuant to Sections 2031.010, et seq., of the California Code of Civil Procedure, Plaintiffs 2 MARK MIGDAL AND ANETTA KALK MIGDAL ("Responding Parties") submit these 3 supplemental responses and objections to the Requests for Production of Documents, Set Number 4 Two, propounded by Defendant AMCO INSURANCE COMPANY ("Propounding Party"). 5 PRELIMINARY STATEMENT 6 Responding Parties have not completed their investigation of the facts relating to this case, 7 their discovery or their preparation for trial. All responses and objections contained herein are 8 based only upon information that is presently available to and specifically known by Responding 9 Parties. It is anticipated that further discovery, independent investigation, legal research and 10 analysis will supply additional facts and add meaning to known facts, as well as establish entirely 11 new factual conclusions and legal contentions, all of which may lead to substantial additions to, 12 changes in and variations from the responses set forth herein. O akland, Ca lif or ni a 946 07-4 036 1111 Bro adw ay, 24 t h F lo or Wendel Rosen LLP 13 These responses, while based on diligent inquiry and investigation by Responding Parties, 14 reflect only the current state of Responding Parties' knowledge, understanding, and belief, based 15 upon the information reasonably available to them at this time. As this action proceeds, and 16 further investigation and discovery are conducted, additional or different facts and information 17 could be revealed to Responding Parties. Moreover, Responding Parties anticipate that 18 Propounding Party may make legal or factual contentions presently unknown to and unforeseen by 19 Responding Parties which may require Responding Parties to adduce further facts in rebuttal to 20 such contentions. Consequently, Responding Parties may not yet have knowledge and may not 21 fully understand the significance of information potentially pertinent to these responses. 22 Accordingly, these responses are provided without prejudice to Responding Parties' right to rely 23 upon and use any information that they subsequently discover, or that was omitted from these 24 responses as a result of mistake, inadvertence, surprise, or excusable neglect. Without in any way 25 obligating themselves to do so, Responding Parties reserve the right to modify, supplement, revise, 26 or amend these responses, and to correct any inadvertent errors or omissions which may be 27 contained herein, in light of the information that Responding Parties may subsequently obtain or 28 discover. 2 SUPPLEMENTAL RESPONSE OF PLAINTIFFS MARK MIGDAL AND ANETTA KALK MIGDAL TO SECOND REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED BY DEFENDANT AMCO INSURANCE COMPANY 1 Nothing in this response should be construed as an admission by Responding Parties with 2 respect to the admissibility or relevance of any fact or document, or of the truth or accuracy of any 3 characterization or statement of any kind contained in Propounding Party's demands. 4 Each of the following responses is made solely for the purpose of this action. Each 5 response is subject to all objections as to relevance, materiality, and admissibility, and to any and 6 all objections on any ground that would require exclusion of any response if it were introduced in 7 court. All objections and grounds are expressly reserved and may be interposed at the time of 8 trial, hearing, or otherwise. Furthermore, each of the objections contained herein is incorporated 9 by reference as though fully set forth in each response. 10 The following objections and responses are made without prejudice to Responding Parties' 11 right to produce at trial, or otherwise, evidence regarding any subsequently discovered 12 information. Responding Parties accordingly reserve the right to modify and amend any and all O akland, Ca lif or ni a 946 07-4 036 1111 Bro adw ay, 24 t h F lo or Wendel Rosen LLP 13 responses herein as research is completed and contentions are made. 14 Nothing contained herein is to be construed as a waiver of any attorney-client privilege, 15 work product doctrine, or any other applicable privilege or doctrine. To the extent any 16 interrogatory may be construed as calling for disclosure of information protected from discovery 17 by the attorney-client privilege, the work product doctrine, or any other privilege or protection, a 18 continuing objection to each and every such interrogatory is hereby interposed. 19 Without waiver of the foregoing, Responding Parties further responds as follows: 20 SUPPLEMENTAL RESPONSES TO REQUESTS FOR PRODUCTION 21 REQUEST FOR PRODUCTION NO. 16: 22 All documents relating to the matter titled J. Robert Taylor v. Mark Migdal, et al., San 23 Mateo County Superior Court Case No. 18CV06912. 24 RESPONSE TO REQUEST FOR PRODUCTION NO. 16: 25 Responding Parties object to this request for production on that grounds that the request is 26 overbroad, the documents requested are irrelevant to the above captioned proceeding and are 27 publicly available to requesting party. Responding Parties further object to this request to the 28 extent it seeks documents privileged from production on attorney-client, attorney work product 3 SUPPLEMENTAL RESPONSE OF PLAINTIFFS MARK MIGDAL AND ANETTA KALK MIGDAL TO SECOND REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED BY DEFENDANT AMCO INSURANCE COMPANY 1 and joint interest privileges. Based on the foregoing objections, Responding Parties will not 2 produce any documents responsive to this request. 3 SUPPLEMENTAL RESPONSE TO DEMAND FOR PRODUCTION NO. 16: 4 Responding Parties stand by the prior response. 5 REQUEST FOR PRODUCTION NO. 17: 6 All documents relating to the title for property at 445 Golden Oak Drive, Portola Valley, 7 California. 8 RESPONSE TO REQUEST FOR PRODUCTION NO. 17: 9 Responding Parties object to this request for production on that grounds that the request is 10 overbroad, the documents requested are irrelevant to the above captioned proceeding and are 11 publicly available to requesting party. Responding Parties further object to this request to the 12 extent it seeks documents privileged from production on attorney-client, attorney work product O akland, Ca lif or ni a 946 07-4 036 1111 Bro adw ay, 24 t h F lo or Wendel Rosen LLP 13 and joint interest privileges. Based on the foregoing objections, Responding Parties will not 14 produce any documents responsive to this request. 15 SUPPLEMENTAL RESPONSE TO DEMAND FOR PRODUCTION NO. 18: 16 Responding Parties are unaware of any documents relating to title to the Subject Property 17 which have not been recorded in the Official Records of San Mateo County, California. 18 REQUEST FOR PRODUCTION NO. 19: 19 All communications between YOU (as used in these requests, "YOU" and "YOUR" 20 include MARK MIGDAL and ANETTA KALK MIGDAL) and Grand Century Secured 21 Investments LLC or any representative thereof, including but not limited to Grand Century 22 Trading Group Limited, Svetlana Kotusova, Menachem Schilit, and Alon Shine, relating to the 23 repair of the property at 445 Golden Oak Drive, Portola Valley, California. 24 RESPONSE TO REQUEST FOR PRODUCTION NO. 19: 25 Responding Parties object to this request for production on that grounds that the request is 26 overbroad, the documents requested are irrelevant to the above captioned proceeding and are 27 publicly available to requesting party. Responding Parties further object to this request to the 28 extent it seeks documents privileged from production on attorney-client, attorney work product 4 SUPPLEMENTAL RESPONSE OF PLAINTIFFS MARK MIGDAL AND ANETTA KALK MIGDAL TO SECOND REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED BY DEFENDANT AMCO INSURANCE COMPANY 1 and joint interest privileges. Based on the foregoing objections, Responding Parties will not 2 produce any documents responsive to this request. 3 SUPPLEMENTAL RESPONSE TO DEMAND FOR PRODUCTION NO. 20: 4 Subject to the prior objections, Responding Parties will produce documents responsive to 5 this demand. No documents are being withheld based on objections or privilege. 6 REQUEST FOR PRODUCTION NO. 21: 7 All communications between YOU and Grand Century Secured Investments LLC or any 8 representative thereof, including but not limited to Grand Century Trading Group Limited, 9 Svetlana Kotusova, Menachem Schilit, and Alon Shine, relating to the funding of repairs to the 10 property at 445 Golden Oak Drive, Portola Valley, California. 11 RESPONSE TO REQUEST FOR PRODUCTION NO. 21: 12 Responding Parties object to this request for production on that grounds that the request is O akland, Ca lif or ni a 946 07-4 036 1111 Bro adw ay, 24 t h F lo or Wendel Rosen LLP 13 overbroad, the documents requested are irrelevant to the above captioned proceeding and are 14 publicly available to requesting party. Responding Parties further object to this request to the 15 extent it seeks documents privileged from production on attorney-client, attorney work product 16 and joint interest privileges. Based on the foregoing objections, Responding Parties will not 17 produce any documents responsive to this request. 18 SUPPLEMENTAL RESPONSE TO DEMAND FOR PRODUCTION NO. 22: 19 Subject to the prior objections, Responding Parties will produce documents responsive to 20 this demand. No documents are being withheld based on objections or privilege. 21 REQUEST FOR PRODUCTION NO. 23: 22 All communications between YOU and Century Grand Properties, LLC, relating to the 23 repair of the property at 445 Golden Oak Drive, Portola Valley, California. 24 RESPONSE TO REQUEST FOR PRODUCTION NO. 23: 25 Responding Parties object to this request for production on that grounds that the request is 26 overbroad, the documents requested are irrelevant to the above captioned proceeding and are 27 publicly available to requesting party. Responding Parties further object to this request to the 28 extent it seeks documents privileged from production on attorney-client, attorney work product 5 SUPPLEMENTAL RESPONSE OF PLAINTIFFS MARK MIGDAL AND ANETTA KALK MIGDAL TO SECOND REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED BY DEFENDANT AMCO INSURANCE COMPANY 1 and joint interest privileges. Subject to the foregoing objections, Responding Parties are unaware 2 of any documents responsive to this request. 3 SUPPLEMENTAL RESPONSE TO DEMAND FOR PRODUCTION NO. 24: 4 Responding Parties are aware of no documents responsive to this request. No documents 5 are being withheld based on the asserted objections or based on privilege. 6 REQUEST FOR PRODUCTION NO. 25: 7 All communications between YOU and Century Grand Properties, LLC relating to the 8 funding of repairs to the property at 445 Golden Oak Drive, Portola Valley, California. 9 RESPONSE TO REQUEST FOR PRODUCTION NO. 25: 10 Responding Parties object to this request for production on that grounds that the request is 11 overbroad, the documents requested are irrelevant to the above captioned proceeding and are 12 publicly available to requesting party. Responding Parties further object to this request to the O akland, Ca lif or ni a 946 07-4 036 1111 Bro adw ay, 24 t h F lo or Wendel Rosen LLP 13 extent it seeks documents privileged from production on attorney-client, attorney work product 14 and joint interest privileges. Subject to the foregoing objections, Responding Parties are unaware 15 of any documents responsive to this request. 16 SUPPLEMENTAL RESPONSE TO DEMAND FOR PRODUCTION NO. 26: 17 Responding Parties are aware of no documents responsive to this request. No documents 18 are being withheld based on the asserted objections or based on privilege. 19 20 DATED: October 16, 2020 WENDEL ROSEN LLP 21 22 23 By: Steven M. Morger 24 Attorneys for Plaintiffs MARK MIGDAL and ANETTA KALK MIGDAL 25 26 27 28 6 SUPPLEMENTAL RESPONSE OF PLAINTIFFS MARK MIGDAL AND ANETTA KALK MIGDAL TO SECOND REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED BY DEFENDANT AMCO INSURANCE COMPANY 1 PROOF OF SERVICE 2 Mark Migdal, et al. v. AMCO Insurance Company, et al. San Mateo County Superior Court Case No. 19CIV05455 3 STATE OF CALIFORNIA, COUNTY OF ALAMEDA 4 At the time of service, I was over 18 years of age and not a party to this action. I am 5 employed in the County of Alameda, State of California. My business address is 1111 Broadway, 24th Floor, Oakland, CA 94607-4036. 6 On October 16, 2020, I served true copies of the following document(s) described as 7 SUPPLEMENTAL RESPONSE OF PLAINTIFFS MARK MIGDAL AND ANETTA KALK MIGDAL TO SECOND REQUEST FOR PRODUCTION OF DOCUMENTS 8 PROPOUNDED BY DEFENDANT AMCO INSURANCE COMPANY on the interested parties in this action as follows: 9 SEE ATTACHED SERVICE LIST 10 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the 11 document(s) to be sent from e-mail address tgan@wendel.com to the persons at the e-mail addresses listed in the Service List. I did not receive, within a reasonable time after the 12 transmission, any electronic message or other indication that the transmission was unsuccessful. O akland, Ca lif or ni a 946 07-4 036 1111 Bro adw ay, 24 t h F lo or Wendel Rosen LLP 13 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 14 Executed on October 16, 2020, at Oakland, California. 15 16 17 Shelley Lott 18 19 20 21 22 23 24 25 26 27 28 7 SUPPLEMENTAL RESPONSE OF PLAINTIFFS MARK MIGDAL AND ANETTA KALK MIGDAL TO SECOND REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDED BY DEFENDANT AMCO INSURANCE COMPANY 1 SERVICE LIST Mark Migdal, et al. v. AMCO Insurance Company, et al. 2 San Mateo County Superior Court Case No. 19CIV05455 3 Sonia Martin, Esq. Attorneys for Defendant AMCO Insurance Andrea Hall, Esq. Company 4 DENTONS US LLP One Market Plaza, Spear Tower, 24th Floor 5 San Francisco, CA 94105 Telephone: 415-267-4000 6 Facsimile: 415-267-4198 Email: sonia.martin@dentons.com; 7 andrea.hall@dentons.com 8 James D. Curran, Esq. Attorneys for Defendant/Cross-Complainant David F. Myers, Esq. AMERICAN TECHNOLOGIES, INC. 9 Catharine M. Tolson, Esq. WOLKIN CURRAN, LLP 10 111 Maiden Lane, 6th Floor San Francisco, CA 94108 11 Telephone: 415-982-9390 Facsimile: 415-982-4328 12 Email: jcurran@wolkincurran.com; dmyers@wolkincurran.com; O akland, Ca lif or ni a 946 07-4 036 1111 Bro adw ay, 24 t h F lo or Wendel Rosen LLP 13 ctolson@wolkincurran.com 14 Matthew J. Gluck, Esq. Attorn