Preview
Gregg S. Garrison (SBN
GARRISON LAW CORPORATION
141653) FIX KB
2 Cortez Avenue
SAN MATEO COUNTY
161
Half Moon Bay, CA 94019 S P 2013
3 Telephone: 805.857.9300
Glor r urL
4 Herman I. Kalfen (SBN 160592)
KAI.FEN LAW CORPORATION
1 Embarcadero Center, Suite 500
San Francisco, CA 94111
Telephone: 415.315.1710
Facsimile: 415.433.5992
Attorneys for MICHAELCHANG, an individual and DBA Sunrise Cleaner
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SAN MATEO
12 MICHAELCHANG, an individual,
13 Plaintiff, Case No. CIV 489065
14
15
DECLARATIONOF HERMAN I. KALFEN
FARMERS INSURANCE EXCHANGE AND IN SUPPORT OF PLAINTIFF MICHAEL
16 CHANG'S OPPOSITION TO DEFENDANT
TRUCK INSURANCE EXCHANGE, FARMER INSURANCE COMPANY'S
17 MOTION FOR RELIEF FROM WAIVER
reciprocal inter-insurance exchanges, et al.,and AND POINTS AND AUTHORITIES IN
SUPPORT THEREOF
19 Does 1 through 20,
20 Date: September 25, 2013
Defendants. Time: 9:00 a.m.
21 Place: Law & Motion
22 Trial Date: August 2013
26,
23 Complaint Filed: October 28, 2009
24
25 I of 5 pages
26
Declaration of Herman I. Kalfen in Supportof PlaintifI's Opposition to DefendantFarmers Insurance
27 Company's Motion For Relief From Waiver
28
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1 I, Herman I. Kalfen, hereby declare under penalty of perjury that:
I am an attorney duly licensed to practice law in the State of California and I
.am an attorney for Plaintiffherein; and,
2. Attached hereto as Exhibit A is a true and correct copy of the herein Court's
Order dated February 1, 2013 ordering herein defendant Farmers to attend
Mediation; and,
3. Attached hereto as Exhibit B is a true and correct copy of an email dated
August 27, 2013 from the undersigned to Katy Nelson, counsel for Farmers
10
stating "I [PlaintifFs counsel] also would like to agree that ifwe re-serve our
Request for Admissions and corresponding Form Rog, it would be deemed
12
served upon our email service upon you of Declaration to Serve more than 35
13
14 Specially prepared Interrogatories" but Farmers Counsel did not agree; and,
15 4. Exhibit B etnail dated August 27, 2013 from Kalfen to Nelson also again
16 seeks compliance with the herein Court's 2.1.13 to Mediate with Mr. Nagle,
17
wherein Kalfen stated "I [Plaintiff's Counsel] again note our many discovery
18
issues pending. I again suggest we mediate with Mr. Nagle. This is also in
19
accord with the prior Order of this Court, namely that Farmers mediate with
20
21
Mr. Nagle" but Farmers Counsel did not agree; and,
22 5. Attached hereto as Exhibit C is a true and correct copy of an email dated
23 September 6, 2013 from Plaintiffs counsel Kalfen to Defendant's counsel
24
Nelson wherein PlaintiA again offers to resolve the matter herein simply "if
25 2 of S pages
Declaration of Herman I. Kalfen in Supportof PlaintifI's Opposition to DefendantFarmers Insurance
Company's Motion For Relief From Waiver
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we [Plaintiffj re-serve our Request for Admissions and corresponding Form
Rog, it would be deemed served upon our email service upon you of
Declaration to Serve more than 35 Specially prepared Interrogatories" but
Farmers Counsel did not agree; and,
6. Exhibit C September 9, 2013 email from Kalfen to Nelson also again seeks
compliance with the herein Court's 2.1.13 to Mediate with Mr. Nagle,
wherein Kalfen dedicated an underlined paragraph that stated "Request
Mediation with Mr. Nagle ASAP as Previously Ordered by the Herein Court",
10
and,
The undersigned has requested via email at least three times, and otherwise,
12
that Farmers attend this Court Ordered Mediation with Mr. Nagle, including
13
regarding to resolve disputes including discovery disputes herein, but to date,
14
15 defendant has ignored the requests or specifically stated it will not meet with
16 Mr. Nagle; and,
17
8. The undersigned personally served the Request for Admissions and Form
18
Interrogatories subject of this instant Motion and herein Opposition on Katy
19
Nelson at the R. Chang deposition June, 13, 2013; and,
20
21
9. The undersigned did not receive any response to the discovery subject of this
22 instant Motion until after August 16, 2013 and 1 understand that it the
23 response was not served by defendant Farmers until at least August 16, 2013;
24
25 3 of 5 pages
26
Decimation of Herman I. Kalfen in Supportof P)aintiff's Oppositionto Defendant Farmers Insurance
27 Company's Motion For Relief From Waiver
28
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10. The undersigned reviewed Defendant's Exhibits CAD submitted with its
instant Motion to show error, but the undersigned does not understand or
follow how these exhibits prove what it purports to prove; and,
11. The undersigned did not see the July 25, 2013 email or any other email with
Defendant's instant Motion herein, or any other evidence that Katy Nelson
ever sent any draA discovery responses to Kristy Ortega or to anyone to serve
on July 29, 2013, or for service at any time; and,
12. The undersigned does not believe that any discovery was personally served on
10
the undersigned on July 29, 2013, which might otherwise be circumstantial
evidence of intent of Katy Nelson to serve the instant subject discovery in a
12
likewise manner; and,
13
14 13. Attached hereto as Exhibit D is a true and correct copy of a recent discovery
15 summary prepared by the undersigned that indicated the undersigned has
16
attempted to obtain multiple types of discovery, and it is this volume of
17
duplicative discovery and gamesmanship and discovery manipulation,
18
including Farmer's holding its responses until beyond the last moment, along
19
with the multiple objections to our depositions, not on this summary, objected
20
21
to by Farmers on or about July 29, 213 that isthe cause of the error, not the
22 mistake as set forth by Farmers herein; and,
23 14. Farmers has taken steps to delay and disrupt discovery, and other acts
24
contrary to the letter or spirit of the discovery laws and which would be in less
25 4of 5 pages
26
Declaration of Herman of PlaintifFs Opposition to Defendant
I. Kalfen in Support Farmers Insurance
27 Company's Motion For Relief From Waiver
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than good faith regarding Farmer's insured as set forth in Plaintiffs
Opposition herewith;
15. Taken as a whole, with Farmers moving motion not proving mistake, omitting
key email July 25, 2013, not agreeing lo Court Ordered Mediation, refusing to
resolve this by simple agreement as offered by Plaintiff, due to prejudice to
Plaintiff regarding deposition and other discovery scheduling and conduct,
and for all of the other reasons set forth herein, it would be proper for
Defendant's Motion to be denied in its entirety.
10
11
1 declare under penalty of perjury under the laws of the State of California that the
12
foregoing is true and correct.
13
14
15 Executed on Sentember ila, 2013, at Santa Cruz Counttt, California.
16
BY: Kalfen Law Corporation
17
18
19
Hei'man I. Kalfen, JD, REA, NAEP
20 Kalfen Law Corporation
Attorney for Plaintiff Michael Chang
21
22
23
24
25 5of 5 pages
26
Declamtion of Herman I.Kalfen in Support of PlaintifFs Oppositionto Defendant Farmers Insurance
Company's Motion For Relief From Waiver
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Chang v. Farmera, CIV489085- Minutes Court Order dated 2/1/2013:
Minutes
HONORABLE ROBERT D. FOILES, JUDGE PRESIDING. CLERK:
JENNIFER ARNOTT COURT REPORTER: CINDY DEL ROSARIO
ATTORNEY(S): HERMAN KALSEN APPEARED BY COURTCALL ON
BEHALF OF THE PLAINTIFF, MICHAELCHANG
ATTORNEY(S): CARRIE HUYNH APPEARED BY COURTCALL ON
BEHALF OF THE DEFENDANTS, FARMERS INSURANCE
EXCHANGE AND TRUCK INSURANCE EXCHANGE.
MATTER ARGUED BY COUNSEL AND SUBMITTED TO THE COURT.
THE DEFENDANTS MOTION FOR TRIAL CONTINUANCE IS
GRANTED.
COUNSEL/PARTIES STIPULATE TO MEDIATIONWITH BILL
NAGLE.
COUNSEL ARE ORDERED TO MEET WITH BILL NAGLE TO
MEDIATETHIS CASE.
THE JURY TRIAL IS CONTINUED TO 08/26/1 3 AT 9:00 A.M. IN
DEPARTMENT P J.
TIME ESTIMATE = 7 TO 10 DAYS.
DISCOVERY TO REMAIN OPEN 30 DAYS PRIOR TO TRIAL.
THE MANDATORYSETTLEMENT CONFERENCE IS CONTINUED TO
08/07/1 3 AT 1:30 P.M. IN DEPARTMENT 7.
FORMAL ORDER SUBMITTED AND SIGNED BY THE COURT.
ENTERED BY JENNIFER ARNOTT ON 02/01/13.
~I ~ 444 is V
From: Herman Law ckeltenbtwoNcetlpearthfink.nebr
SubJect Chang v. Farmers discovery Issues
Met¹ & Confer several - Stipulation Relief Waiver Your Special
Rogs,Set 3, Our Requat¹
Admtsstona & Form Regs 8 Our Ilotlon Compel not Sept 12 & We Request
Dates depositionFarmers - Re: Chang v. Farmers
Date:August 27, 2013 5:4828 AM POT
To: Katy Nelson cknefsoniwwoollspeer.corfu
Cc: Gfegg Garrison cgsgarrlsongmaILconc; Ctuol Erdie «ecolgafrtsonfawcorp.conc
. Tare MCcabe claraKsffenLawCofporatiofLconc,
Herman Law ckaNentawoNceeartlNnk.neb
1 Attachment, 28 KB
I hope you are havktg a great morning.
Thank you for the emaiL
of tgscovafy.
3 areas
This kt further Meet snd Confer regangng
SUpuktUon tor Mutual Relief of Waiver.
I looked at your proposed I seea few enure. my contact ktformation on the header,
It slates and then saysI
am an attorney I'or Farmsm.
Page and not 'Paigss'.
2, line 3 shoukl say 'Defendants Also, I would like lo swbch ths order of the Whereas
paragraphs
I would also like to call Ihe document
starling tines 5 and 7 on page
2. in header called Mutuel Relief from Waiver
in ths Sdpubttkrn,
In addi5on, that il we rtHurrva our Request
I also would Ike to agree for Admissions and correspont6ng
Form Rog, it would be deemed
served servhe upon you of Decktration to Serve
upon our small more than 35 Specially prepared I do not recall that same
Intsnogatorles. kr required for
Requeslfor Admissions, or only required for Special
Intenogatoikui. confirm by Tuesday
I am havktg my parahgat altemoon,so is also contingent on
confkma6on ol same.
2. lo Special
As to our Motkut to compel your funher response Set 1, il will not pmcssd
Inlenogstodes, as nothed on September12, 2013.we are
same
wortdng to conSnue 25 or October 3, 2013.
to September
3. ~6ce
Also, we would Ste to a9 pievhusly nodced.
of the depositions This Is meet and confer.
Please advise as to the dates
of ava6sbllity for
depcnsnL
each respective
I again note our many discovery Issues
pendktg. we mediate with Mr. Nagle.
I again suggest This is also In accord
with the prfor Order of this Cowl,
namely that Farmers Please
mediate with Mr. NagIL advise as to aiL
Herman I. Katfen, JD, REA, NAEP
Kalian Law Corporstkm
1 Embarcadem Center, Suke 600
San Frsndsco,CA 94111
415.315.1710 (oNice phone)
41 6.433.5884 (oNhe fax)
888.416.WINS (toll free line)
41 6.216.4474 (cell)
ration.corn
KelfenLawCo roc (law oNce webslte)
BnvondA She dew.coin environmental
(sepsrate services
website)
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eonshter
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you ar» not the Intended
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On Aug 28, 2013, at 11:44 AM, Katy Nelson wrote:
I Dear Mr. Kalfen:
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From: Herman Law «kalienlawofgceearthlnk.nek
Sub)act:Ae: Chang v. Farmers- Chang Further Neet and Confer on Plaintiffs Spechl
Plaintiffs 5 Requests
Interrogatories for Admlsahn 5
Date:
Deposlthn dates
September
I
g, 2013700:17 AM POT
B for MedktOon Per Court's Order
all discovery Issues
attempt to address
To: Katy Nehon «knelsonewoollspeer.conc
Cc: Gregg Ganhon «gsgarrlsonlpgmal.conw,Caml Erdh «caiolegarrlsontawcorp.co~. Herman Law«kalfenlawollceearthllnk.nab
1 AaschmenL 2.8 KB
Hslh Katy Nelson:
al of our various
and attempt to resolve
This ls an aOempl to msel and confer to addnn» Including our Spedal
rgscovery maOers, Admissions and
Requests on you.
for Admissions we pmpounded
h addibon, Ns email speclicaly responds rerq»nse
3, 2013 IaOer, with subsequenl
to your September to folow. of
Ukewk», we are in the process
providing Second
SupptementalResponses 3 letter.
per your said September
to your S pedal Intenogatorles
In addkhn,Ns emal respondsto your September schedulhg.
4, 2013 email g»low) rsganlng deposkhn
we would IRe to is~ Ns Is further meet
al with yotL To that end, o» maoers
and confer mgarding in addkion, we do whh to lnsiise
strt forthbelow.
as set hrth behw.
the deposition schedule,
NO MOTION TO COMPEL IS NECESSARY - WE CONTINUE TO DO ALLWE CAN TO RESPOND AND SUPPLEMENT YOUR SPECIAL
INTERROGATORIES (AND ALL YOUA VARIOUS DISCOVERY AEQUESTSI
No mooon to compel Is ns~p. We conlnue to supplement manner.
In a comprehensive
your requests We are cunenl to date on dkrcovery
responses. we wll provide Second
Further, as slated, Supplemenhl Responses wlthh the time frame psr yow said
Intenogatorles
to your Spedal
September We Nnk no further supphment
3 htter. would be needed,bul again, we wli do al we can to work wlh you, address
your issues
and
~
as needed
It any there be, and supplement
concerns, and appropriate.
REQUEST MEDIATIONWITH MR NAGLE ASAP AS PREVIOUSLY ORDERED BY HERHN COUAT
we again oNer to mediate lt
al discovery dlspuk» with Special Master Wllam Nagh In thh acthn,
the underlying maOer. Farmerswas
We wish to set a date fkm In the ntnrt or hlowing week for same.
In Mediatlcn with Mr. Nagle.
Ordsmd to pargdpate
We are concernedmgardlng your various Your dlent, our Insured should not be hrced regarding Motion to Compel, when we
dk»ovary ptnaures.
cooperateand aho seekMediation. furO»r acts kt less than good falh on behalf of Farmers.
Thh would consgtute
PLAINTIFF IS CUARENT TO DATE IN RESPONSE TO YOUA MANYVARIOUS DISCOVERY REQUESTS
As to your various items ol discovery, we have provided al cunent to date.
Ukewlse, we wil provide Second
SupplementalResponse to FarmersSpecial
3, 201 3 meet and confer letter.
Intaiiogstories psr the tknelk» In your September
TO PLAINTIFFS REQUEST FOA ADMISSIONS - YOU AGAINAEFUSE OFFEA TO SETTLE
~
YOUR LATE a NON SUBSTANTIVE RESPONSES
ISSUE WITHOUT MOTION FOA RELIEF YOUR CONDUCT CONTINUES TO CAUSE PREJUDICE TO PLAINTIFF INCLUDING REGARDING
DEPOSlllON PREPARATION
As to your to Plakitiifs Request
and very hte response for Admhshns, your September
we will oppose 25, 2013 Motion for Relief From Waiver.
hr Admission served
We again oNer that yrnr deem our Aequests upon servhsof Dedarathn.You refused. to your
Ukewise, we do not agree
proposedSgpuhlorL fWe consideredl, but In lghl ol your subsequsm that you wli not provide further responses
statements In any event, we wilwil
compel same It need
be).
Phase respondto Requeststor Admkrshns now In a subslanlve
manner. h addilon, we wll re-serve
al wIOI Dedsrathn,
and wlhoul any waiwn on
25, 2013 Mothn, shee
our part mgardktg the subject msoer of your said September to il deemed
you wli nol agree served,even though il was served on
you psisonaly.
to Rsquesh
Moreover, we do note that your mfusal to respond hr Admhshn prejudcePlahtlff, induding regartlng use of this malaria al the various
Farmamreprer»ntalves'sposIons. we reserve
Therefore, our righls to quaslon
respeclvedeponsnh on Oun» maOers.
WE SUGGEST THE FOLLOWING DEPOSITION SCHEDULE FOR FARMERS REPS - PLEASE ALBO PROVIDE DATES FOA BITTER a PATTERSON
a UTAY a PMK
Your September for Slave Stter or for Dennis Patterson.
that you do not currenly have a Ikrt of deposition dates
4, 2013 emal slates Pleasepmvide
dates orlhwlth. Nay.
In aNllon, we want to take the Deposilon of SusanPlease and hcallon inlonnathn for Susan
provide dates Utsy. Finally, please
again conlnn who O» Farmers
designatedPMK wll be.
hr offering September
In addNon, thank you namely Alan Call, Nchells Gssr Osario,
17, 18, 18, 23. 28 and 28 tor O» other deponsnts, and Paul Mseil.
2@hh a Satunfay).
ONe note September as hlhws:
We would like to take dsposkhns
-September 17, 2013 NchNe Gear Ossrh with documents
el1 p.m. kr Paclica or akernate
location
-September p.m. In Padlha
18, 2013 Allen Call with documents
at
1 location
or alternate
-Ssphunber at 10 a.m. In Pacilca or alernate
28, 2013 Paul Menll with documents location
pleasetst us know If each dsponsra sll deposNons
I ars assuming
sbll has a favored location or region. in the Bay Area Each deponentwill bring all
documents Please
Nss regarding the matter.
In their respective also congrm thai Amended No5ce Is waived.
YOUR INSUFFICIENT RESPONSES TO OUR SPECIAL INTERROGATORIES ~ FAILURE TO STATE WHAT SPECIFIC DOCUMENTS STEVE BITTER
RELIED UPON IN WRITING HIS STATED LETTER - WE OFFER TO DROP OUR MOTION TO COMPEL - REOUIRE YOUR FURTHER SUPPLEMENT
but we require your further supplement
Intenogatortes,
to our Special
In addition, we again agree to drop our Motion to Compel your further responses to
each Ne conbnue
Intenogalory, Inchding now again per the herein.
Special Mr. Sitter raked upon
to rertuest that you idenlfij exactfy which documents
for such document kfentfffcafforL That is simp@.
when he wmte bfs sskf tufy21, 2010 fsltar for arab Specfaf Inferrctfatory where it asks The body ot
or doctunents
dtxxunents cannot fncbds iafer aequlnsd cfocunumis, not seen You continue to not respond
by Mr. Niter up to the Ifme he wrote his letter.
manner.
In a substangve
to each of our Special Interrogatorfee as set forthherein.
Thisemrcf is specific and further meet and confer, rerfuesNy supyrfernenfaf rssgronse This,
along with all prior should compel you to pmvtde further supplement In addithn, we intend to demand
wiltout further delay, and we awail same. agalnby
response
to not provide supplemental
There Is no excuse
fennel kttter. and as sel forth herein and per our prior meet and confer.
that Is substantive,
INCLUSION OF ALLCOUNSEL IN COMMUNICATIONS
and communicatkmL
be reminded to Indude Gragg Oanlson on all correspondence
Finally, please
As always, phasedo not hesitate any Sme regarding any matter.
to contact myself and Mr. Gardson
Thanks,
Herman I. Kalian, JD, REA, NAEP
Katfen Law Ctuporation
1 EmbarcaderoCenter,Suite 500
San CA $ 4111
Francisco,
415.315.1710 (oNce phone)
415.433.5$ $4 (office fax)
88IL41 S.WINS (loll free line)
415.215.4474 (cell)
KellenLawCorcorabon.corn gaw oNce webslte)
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On Sep 6, 2013, al 1008 AM, Katy Nelson wrote:
Mr. Kalfen:
Let's discuss
the attached letter.Also, we receivedplaintiff's supplementaldiscovery responses and have some questions. Give me
a cagwhen you let a chance.
Thank you,
Katy A. Nelson
cimale002.)gp
A P ohaadamd Corporedan
One VIlshlre Boulevard,
22nd Floor
~ I 1 U > ~ v
Recent Discoverv served bv Defendant Farmers on Michael Chanc:
1. Snecial Interronatories. Set Three (35 auestionsl
2.. Reauest for Sunnlemental Production of Documents. Set One (11
3. Reauest for Sunnlemental Production of Documents. Set Two f21
Reauest for Sunnlemental Resnonse Form lnterroeatories. Set One (11
5. Reauest for Sunnlemental Resnonse Snecial Interronatories. Set One (21
6. Reauest for Sunnlemental Production of Documents. Set Two (21
¹2 - ¹6 was served by mail July 30, 2013. Our Responses to Number ¹2,
¹3, ¹4, ¹5, ¹6 due approximately 9/3, 2013
7. 2«Reouest for Sunnlemental Production of Documents. Set One f11
2«Reauest for Sunnlemental Production of Documents. Set Two (21
9. 2«Reauest for Sunnlemental Form Interroeatories. Set One
¹7 - ¹9 served by mai/ on 7.31,
Recent Discoverv served bv PlaintiffMichael Charm on Farmers:
Snecial Interroeatories. Set One (1l re~ton ennrl
2. Reauest for Production of Documents. Set Three (31
3. Reouest for Admissions. Set Three (31
4. Form Interroeatories. General
Summary of certain cunent discovery deadiines in Chang v. Farmers for August I September
2913 as ofAugust 22, 2013 by HIK, KLC
Preview
Gregg S. Garrison (SBN GARRISON LAW CORPORATION 141653) FIX KB 2 Cortez Avenue SAN MATEO COUNTY 161 Half Moon Bay, CA 94019 S P 2013 3 Telephone: 805.857.9300 Glor r urL 4 Herman I. Kalfen (SBN 160592) KAI.FEN LAW CORPORATION 1 Embarcadero Center, Suite 500 San Francisco, CA 94111 Telephone: 415.315.1710 Facsimile: 415.433.5992 Attorneys for MICHAELCHANG, an individual and DBA Sunrise Cleaner 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN MATEO 12 MICHAELCHANG, an individual, 13 Plaintiff, Case No. CIV 489065 14 15 DECLARATIONOF HERMAN I. KALFEN FARMERS INSURANCE EXCHANGE AND IN SUPPORT OF PLAINTIFF MICHAEL 16 CHANG'S OPPOSITION TO DEFENDANT TRUCK INSURANCE EXCHANGE, FARMER INSURANCE COMPANY'S 17 MOTION FOR RELIEF FROM WAIVER reciprocal inter-insurance exchanges, et al.,and AND POINTS AND AUTHORITIES IN SUPPORT THEREOF 19 Does 1 through 20, 20 Date: September 25, 2013 Defendants. Time: 9:00 a.m. 21 Place: Law & Motion 22 Trial Date: August 2013 26, 23 Complaint Filed: October 28, 2009 24 25 I of 5 pages 26 Declaration of Herman I. Kalfen in Supportof PlaintifI's Opposition to DefendantFarmers Insurance 27 Company's Motion For Relief From Waiver 28 ~Caser. I Sons %XI fnaaace. CA 9ll I I Sas ~ I%ill olO wee KalfcaLsaCapcas 1 I, Herman I. Kalfen, hereby declare under penalty of perjury that: I am an attorney duly licensed to practice law in the State of California and I .am an attorney for Plaintiffherein; and, 2. Attached hereto as Exhibit A is a true and correct copy of the herein Court's Order dated February 1, 2013 ordering herein defendant Farmers to attend Mediation; and, 3. Attached hereto as Exhibit B is a true and correct copy of an email dated August 27, 2013 from the undersigned to Katy Nelson, counsel for Farmers 10 stating "I [PlaintifFs counsel] also would like to agree that ifwe re-serve our Request for Admissions and corresponding Form Rog, it would be deemed 12 served upon our email service upon you of Declaration to Serve more than 35 13 14 Specially prepared Interrogatories" but Farmers Counsel did not agree; and, 15 4. Exhibit B etnail dated August 27, 2013 from Kalfen to Nelson also again 16 seeks compliance with the herein Court's 2.1.13 to Mediate with Mr. Nagle, 17 wherein Kalfen stated "I [Plaintiff's Counsel] again note our many discovery 18 issues pending. I again suggest we mediate with Mr. Nagle. This is also in 19 accord with the prior Order of this Court, namely that Farmers mediate with 20 21 Mr. Nagle" but Farmers Counsel did not agree; and, 22 5. Attached hereto as Exhibit C is a true and correct copy of an email dated 23 September 6, 2013 from Plaintiffs counsel Kalfen to Defendant's counsel 24 Nelson wherein PlaintiA again offers to resolve the matter herein simply "if 25 2 of S pages Declaration of Herman I. Kalfen in Supportof PlaintifI's Opposition to DefendantFarmers Insurance Company's Motion For Relief From Waiver I~ pesSa Rab~e5565hs CaScr. SuV $ 0 Sa 1raaaa, CA Ol1 I I ~ ISNS lllO ~ ea gal5agaeCerpgap we [Plaintiffj re-serve our Request for Admissions and corresponding Form Rog, it would be deemed served upon our email service upon you of Declaration to Serve more than 35 Specially prepared Interrogatories" but Farmers Counsel did not agree; and, 6. Exhibit C September 9, 2013 email from Kalfen to Nelson also again seeks compliance with the herein Court's 2.1.13 to Mediate with Mr. Nagle, wherein Kalfen dedicated an underlined paragraph that stated "Request Mediation with Mr. Nagle ASAP as Previously Ordered by the Herein Court", 10 and, The undersigned has requested via email at least three times, and otherwise, 12 that Farmers attend this Court Ordered Mediation with Mr. Nagle, including 13 regarding to resolve disputes including discovery disputes herein, but to date, 14 15 defendant has ignored the requests or specifically stated it will not meet with 16 Mr. Nagle; and, 17 8. The undersigned personally served the Request for Admissions and Form 18 Interrogatories subject of this instant Motion and herein Opposition on Katy 19 Nelson at the R. Chang deposition June, 13, 2013; and, 20 21 9. The undersigned did not receive any response to the discovery subject of this 22 instant Motion until after August 16, 2013 and 1 understand that it the 23 response was not served by defendant Farmers until at least August 16, 2013; 24 25 3 of 5 pages 26 Decimation of Herman I. Kalfen in Supportof P)aintiff's Oppositionto Defendant Farmers Insurance 27 Company's Motion For Relief From Waiver 28 I~Carr. 9I I CA Sots SO I I Sea Fnacaaa, ~ L'~~pae ~o ko olo 10. The undersigned reviewed Defendant's Exhibits CAD submitted with its instant Motion to show error, but the undersigned does not understand or follow how these exhibits prove what it purports to prove; and, 11. The undersigned did not see the July 25, 2013 email or any other email with Defendant's instant Motion herein, or any other evidence that Katy Nelson ever sent any draA discovery responses to Kristy Ortega or to anyone to serve on July 29, 2013, or for service at any time; and, 12. The undersigned does not believe that any discovery was personally served on 10 the undersigned on July 29, 2013, which might otherwise be circumstantial evidence of intent of Katy Nelson to serve the instant subject discovery in a 12 likewise manner; and, 13 14 13. Attached hereto as Exhibit D is a true and correct copy of a recent discovery 15 summary prepared by the undersigned that indicated the undersigned has 16 attempted to obtain multiple types of discovery, and it is this volume of 17 duplicative discovery and gamesmanship and discovery manipulation, 18 including Farmer's holding its responses until beyond the last moment, along 19 with the multiple objections to our depositions, not on this summary, objected 20 21 to by Farmers on or about July 29, 213 that isthe cause of the error, not the 22 mistake as set forth by Farmers herein; and, 23 14. Farmers has taken steps to delay and disrupt discovery, and other acts 24 contrary to the letter or spirit of the discovery laws and which would be in less 25 4of 5 pages 26 Declaration of Herman of PlaintifFs Opposition to Defendant I. Kalfen in Support Farmers Insurance 27 Company's Motion For Relief From Waiver aOO~alhryceaaa28 I" Casa, Os'aa OO Faalaaaa CA OIII I Saa ~ IS.I IS 11 10 ~ aa XalOaLaaCaapaaas than good faith regarding Farmer's insured as set forth in Plaintiffs Opposition herewith; 15. Taken as a whole, with Farmers moving motion not proving mistake, omitting key email July 25, 2013, not agreeing lo Court Ordered Mediation, refusing to resolve this by simple agreement as offered by Plaintiff, due to prejudice to Plaintiff regarding deposition and other discovery scheduling and conduct, and for all of the other reasons set forth herein, it would be proper for Defendant's Motion to be denied in its entirety. 10 11 1 declare under penalty of perjury under the laws of the State of California that the 12 foregoing is true and correct. 13 14 15 Executed on Sentember ila, 2013, at Santa Cruz Counttt, California. 16 BY: Kalfen Law Corporation 17 18 19 Hei'man I. Kalfen, JD, REA, NAEP 20 Kalfen Law Corporation Attorney for Plaintiff Michael Chang 21 22 23 24 25 5of 5 pages 26 Declamtion of Herman I.Kalfen in Support of PlaintifFs Oppositionto Defendant Farmers Insurance Company's Motion For Relief From Waiver au atua Z erarr. eu te trrr I I rr trrrurau crt alt I I Sur ~ la tie trio Solon, atro~ trra Chang v. Farmera, CIV489085- Minutes Court Order dated 2/1/2013: Minutes HONORABLE ROBERT D. FOILES, JUDGE PRESIDING. CLERK: JENNIFER ARNOTT COURT REPORTER: CINDY DEL ROSARIO ATTORNEY(S): HERMAN KALSEN APPEARED BY COURTCALL ON BEHALF OF THE PLAINTIFF, MICHAELCHANG ATTORNEY(S): CARRIE HUYNH APPEARED BY COURTCALL ON BEHALF OF THE DEFENDANTS, FARMERS INSURANCE EXCHANGE AND TRUCK INSURANCE EXCHANGE. MATTER ARGUED BY COUNSEL AND SUBMITTED TO THE COURT. THE DEFENDANTS MOTION FOR TRIAL CONTINUANCE IS GRANTED. COUNSEL/PARTIES STIPULATE TO MEDIATIONWITH BILL NAGLE. COUNSEL ARE ORDERED TO MEET WITH BILL NAGLE TO MEDIATETHIS CASE. THE JURY TRIAL IS CONTINUED TO 08/26/1 3 AT 9:00 A.M. IN DEPARTMENT P J. TIME ESTIMATE = 7 TO 10 DAYS. DISCOVERY TO REMAIN OPEN 30 DAYS PRIOR TO TRIAL. THE MANDATORYSETTLEMENT CONFERENCE IS CONTINUED TO 08/07/1 3 AT 1:30 P.M. IN DEPARTMENT 7. FORMAL ORDER SUBMITTED AND SIGNED BY THE COURT. ENTERED BY JENNIFER ARNOTT ON 02/01/13. ~I ~ 444 is V From: Herman Law ckeltenbtwoNcetlpearthfink.nebr SubJect Chang v. Farmers discovery Issues Met¹ & Confer several - Stipulation Relief Waiver Your Special Rogs,Set 3, Our Requat¹ Admtsstona & Form Regs 8 Our Ilotlon Compel not Sept 12 & We Request Dates depositionFarmers - Re: Chang v. Farmers Date:August 27, 2013 5:4828 AM POT To: Katy Nelson cknefsoniwwoollspeer.corfu Cc: Gfegg Garrison cgsgarrlsongmaILconc; Ctuol Erdie «ecolgafrtsonfawcorp.conc . Tare MCcabe claraKsffenLawCofporatiofLconc, Herman Law ckaNentawoNceeartlNnk.neb 1 Attachment, 28 KB I hope you are havktg a great morning. Thank you for the emaiL of tgscovafy. 3 areas This kt further Meet snd Confer regangng SUpuktUon tor Mutual Relief of Waiver. I looked at your proposed I seea few enure. my contact ktformation on the header, It slates and then saysI am an attorney I'or Farmsm. Page and not 'Paigss'. 2, line 3 shoukl say 'Defendants Also, I would like lo swbch ths order of the Whereas paragraphs I would also like to call Ihe document starling tines 5 and 7 on page 2. in header called Mutuel Relief from Waiver in ths Sdpubttkrn, In addi5on, that il we rtHurrva our Request I also would Ike to agree for Admissions and correspont6ng Form Rog, it would be deemed served servhe upon you of Decktration to Serve upon our small more than 35 Specially prepared I do not recall that same Intsnogatorles. kr required for Requeslfor Admissions, or only required for Special Intenogatoikui. confirm by Tuesday I am havktg my parahgat altemoon,so is also contingent on confkma6on ol same. 2. lo Special As to our Motkut to compel your funher response Set 1, il will not pmcssd Inlenogstodes, as nothed on September12, 2013.we are same wortdng to conSnue 25 or October 3, 2013. to September 3. ~6ce Also, we would Ste to a9 pievhusly nodced. of the depositions This Is meet and confer. Please advise as to the dates of ava6sbllity for depcnsnL each respective I again note our many discovery Issues pendktg. we mediate with Mr. Nagle. I again suggest This is also In accord with the prfor Order of this Cowl, namely that Farmers Please mediate with Mr. NagIL advise as to aiL Herman I. Katfen, JD, REA, NAEP Kalian Law Corporstkm 1 Embarcadem Center, Suke 600 San Frsndsco,CA 94111 415.315.1710 (oNice phone) 41 6.433.5884 (oNhe fax) 888.416.WINS (toll free line) 41 6.216.4474 (cell) ration.corn KelfenLawCo roc (law oNce webslte) BnvondA She dew.coin environmental (sepsrate services website) P please before pnntlnc this e-mail. the environment eonshter documents, Nes, ~~al The infonnsfion contained ln thkt previous transmission or other Irsnsmisslcns revkwr, uss or dkehsure Linauthorlzsd Intsrcepdon, you ar» not the Intended ktformauon of ths IndMduat or entity named only for use ls intended attachedlo It, may contain above. conQdentfat This e-maI transmission. InformationthatIs and any legally privileged. kt pmhlbhed and may violate applkxtbfe laws including the Bectrontc Ccmmuntceficns recipient of Ns tHnail transmission, or fhs employeeor agsnlrasponshfs Privacy Act for dslverktg il to ths Intended rectpisnL It you are hereby notNed Ihal any discfosum, distribution, copying or other use of this transmission dissemination, or any of the kttonnstlon contained in or attached to it Is stdctiy pmliNtu1 On Aug 28, 2013, at 11:44 AM, Katy Nelson wrote: I Dear Mr. Kalfen: ~ ' ~ ~ »« — '~ k i ~ v EL From: Herman Law «kalienlawofgceearthlnk.nek Sub)act:Ae: Chang v. Farmers- Chang Further Neet and Confer on Plaintiffs Spechl Plaintiffs 5 Requests Interrogatories for Admlsahn 5 Date: Deposlthn dates September I g, 2013700:17 AM POT B for MedktOon Per Court's Order all discovery Issues attempt to address To: Katy Nehon «knelsonewoollspeer.conc Cc: Gregg Ganhon «gsgarrlsonlpgmal.conw,Caml Erdh «caiolegarrlsontawcorp.co~. Herman Law«kalfenlawollceearthllnk.nab 1 AaschmenL 2.8 KB Hslh Katy Nelson: al of our various and attempt to resolve This ls an aOempl to msel and confer to addnn» Including our Spedal rgscovery maOers, Admissions and Requests on you. for Admissions we pmpounded h addibon, Ns email speclicaly responds rerq»nse 3, 2013 IaOer, with subsequenl to your September to folow. of Ukewk», we are in the process providing Second SupptementalResponses 3 letter. per your said September to your S pedal Intenogatorles In addkhn,Ns emal respondsto your September schedulhg. 4, 2013 email g»low) rsganlng deposkhn we would IRe to is~ Ns Is further meet al with yotL To that end, o» maoers and confer mgarding in addkion, we do whh to lnsiise strt forthbelow. as set hrth behw. the deposition schedule, NO MOTION TO COMPEL IS NECESSARY - WE CONTINUE TO DO ALLWE CAN TO RESPOND AND SUPPLEMENT YOUR SPECIAL INTERROGATORIES (AND ALL YOUA VARIOUS DISCOVERY AEQUESTSI No mooon to compel Is ns~p. We conlnue to supplement manner. In a comprehensive your requests We are cunenl to date on dkrcovery responses. we wll provide Second Further, as slated, Supplemenhl Responses wlthh the time frame psr yow said Intenogatorles to your Spedal September We Nnk no further supphment 3 htter. would be needed,bul again, we wli do al we can to work wlh you, address your issues and ~ as needed It any there be, and supplement concerns, and appropriate. REQUEST MEDIATIONWITH MR NAGLE ASAP AS PREVIOUSLY ORDERED BY HERHN COUAT we again oNer to mediate lt al discovery dlspuk» with Special Master Wllam Nagh In thh acthn, the underlying maOer. Farmerswas We wish to set a date fkm In the ntnrt or hlowing week for same. In Mediatlcn with Mr. Nagle. Ordsmd to pargdpate We are concernedmgardlng your various Your dlent, our Insured should not be hrced regarding Motion to Compel, when we dk»ovary ptnaures. cooperateand aho seekMediation. furO»r acts kt less than good falh on behalf of Farmers. Thh would consgtute PLAINTIFF IS CUARENT TO DATE IN RESPONSE TO YOUA MANYVARIOUS DISCOVERY REQUESTS As to your various items ol discovery, we have provided al cunent to date. Ukewlse, we wil provide Second SupplementalResponse to FarmersSpecial 3, 201 3 meet and confer letter. Intaiiogstories psr the tknelk» In your September TO PLAINTIFFS REQUEST FOA ADMISSIONS - YOU AGAINAEFUSE OFFEA TO SETTLE ~ YOUR LATE a NON SUBSTANTIVE RESPONSES ISSUE WITHOUT MOTION FOA RELIEF YOUR CONDUCT CONTINUES TO CAUSE PREJUDICE TO PLAINTIFF INCLUDING REGARDING DEPOSlllON PREPARATION As to your to Plakitiifs Request and very hte response for Admhshns, your September we will oppose 25, 2013 Motion for Relief From Waiver. hr Admission served We again oNer that yrnr deem our Aequests upon servhsof Dedarathn.You refused. to your Ukewise, we do not agree proposedSgpuhlorL fWe consideredl, but In lghl ol your subsequsm that you wli not provide further responses statements In any event, we wilwil compel same It need be). Phase respondto Requeststor Admkrshns now In a subslanlve manner. h addilon, we wll re-serve al wIOI Dedsrathn, and wlhoul any waiwn on 25, 2013 Mothn, shee our part mgardktg the subject msoer of your said September to il deemed you wli nol agree served,even though il was served on you psisonaly. to Rsquesh Moreover, we do note that your mfusal to respond hr Admhshn prejudcePlahtlff, induding regartlng use of this malaria al the various Farmamreprer»ntalves'sposIons. we reserve Therefore, our righls to quaslon respeclvedeponsnh on Oun» maOers. WE SUGGEST THE FOLLOWING DEPOSITION SCHEDULE FOR FARMERS REPS - PLEASE ALBO PROVIDE DATES FOA BITTER a PATTERSON a UTAY a PMK Your September for Slave Stter or for Dennis Patterson. that you do not currenly have a Ikrt of deposition dates 4, 2013 emal slates Pleasepmvide dates orlhwlth. Nay. In aNllon, we want to take the Deposilon of SusanPlease and hcallon inlonnathn for Susan provide dates Utsy. Finally, please again conlnn who O» Farmers designatedPMK wll be. hr offering September In addNon, thank you namely Alan Call, Nchells Gssr Osario, 17, 18, 18, 23. 28 and 28 tor O» other deponsnts, and Paul Mseil. 2@hh a Satunfay). ONe note September as hlhws: We would like to take dsposkhns -September 17, 2013 NchNe Gear Ossrh with documents el1 p.m. kr Paclica or akernate location -September p.m. In Padlha 18, 2013 Allen Call with documents at 1 location or alternate -Ssphunber at 10 a.m. In Pacilca or alernate 28, 2013 Paul Menll with documents location pleasetst us know If each dsponsra sll deposNons I ars assuming sbll has a favored location or region. in the Bay Area Each deponentwill bring all documents Please Nss regarding the matter. In their respective also congrm thai Amended No5ce Is waived. YOUR INSUFFICIENT RESPONSES TO OUR SPECIAL INTERROGATORIES ~ FAILURE TO STATE WHAT SPECIFIC DOCUMENTS STEVE BITTER RELIED UPON IN WRITING HIS STATED LETTER - WE OFFER TO DROP OUR MOTION TO COMPEL - REOUIRE YOUR FURTHER SUPPLEMENT but we require your further supplement Intenogatortes, to our Special In addition, we again agree to drop our Motion to Compel your further responses to each Ne conbnue Intenogalory, Inchding now again per the herein. Special Mr. Sitter raked upon to rertuest that you idenlfij exactfy which documents for such document kfentfffcafforL That is simp@. when he wmte bfs sskf tufy21, 2010 fsltar for arab Specfaf Inferrctfatory where it asks The body ot or doctunents dtxxunents cannot fncbds iafer aequlnsd cfocunumis, not seen You continue to not respond by Mr. Niter up to the Ifme he wrote his letter. manner. In a substangve to each of our Special Interrogatorfee as set forthherein. Thisemrcf is specific and further meet and confer, rerfuesNy supyrfernenfaf rssgronse This, along with all prior should compel you to pmvtde further supplement In addithn, we intend to demand wiltout further delay, and we awail same. agalnby response to not provide supplemental There Is no excuse fennel kttter. and as sel forth herein and per our prior meet and confer. that Is substantive, INCLUSION OF ALLCOUNSEL IN COMMUNICATIONS and communicatkmL be reminded to Indude Gragg Oanlson on all correspondence Finally, please As always, phasedo not hesitate any Sme regarding any matter. to contact myself and Mr. Gardson Thanks, Herman I. Kalian, JD, REA, NAEP Katfen Law Ctuporation 1 EmbarcaderoCenter,Suite 500 San CA $ 4111 Francisco, 415.315.1710 (oNce phone) 415.433.5$ $4 (office fax) 88IL41 S.WINS (loll free line) 415.215.4474 (cell) KellenLawCorcorabon.corn gaw oNce webslte) BevondAShadow.com (separateenvironmental servtceswebslte) P pleaseconsider the environment this e-mail. before pnnunc documents, Nes, prevhus ~I In this The infermation contained ~all transmission tran~s or other only tor use ot the individual or emtty named Is lrdended ktfcrmagonattachedto il, maycontain above.This snail transmbuJon, hformatlon contktenttal that is and any tegally priwlsged. Unauthorized review, use or dischsure Interception, laws Including the Electronic Communications is prohibited and may violate applicable pHvacy Acl It you are not Ihe Intended e~l recipient of thh or the employee transmission, or agentresponshlefor detivefngit to the intended recipwn, you are dtssemkuttfon, hereby notified that any ditxJosure, or any of Ihe Information contained dkarlbulkm, copying or other use of this transmission In or attached to it kt stdctty prohibited. On Sep 6, 2013, al 1008 AM, Katy Nelson wrote: Mr. Kalfen: Let's discuss the attached letter.Also, we receivedplaintiff's supplementaldiscovery responses and have some questions. Give me a cagwhen you let a chance. Thank you, Katy A. Nelson cimale002.)gp A P ohaadamd Corporedan One VIlshlre Boulevard, 22nd Floor ~ I 1 U > ~ v Recent Discoverv served bv Defendant Farmers on Michael Chanc: 1. Snecial Interronatories. Set Three (35 auestionsl 2.. Reauest for Sunnlemental Production of Documents. Set One (11 3. Reauest for Sunnlemental Production of Documents. Set Two f21 Reauest for Sunnlemental Resnonse Form lnterroeatories. Set One (11 5. Reauest for Sunnlemental Resnonse Snecial Interronatories. Set One (21 6. Reauest for Sunnlemental Production of Documents. Set Two (21 ¹2 - ¹6 was served by mail July 30, 2013. Our Responses to Number ¹2, ¹3, ¹4, ¹5, ¹6 due approximately 9/3, 2013 7. 2«Reouest for Sunnlemental Production of Documents. Set One f11 2«Reauest for Sunnlemental Production of Documents. Set Two (21 9. 2«Reauest for Sunnlemental Form Interroeatories. Set One ¹7 - ¹9 served by mai/ on 7.31, Recent Discoverv served bv PlaintiffMichael Charm on Farmers: Snecial Interroeatories. Set One (1l re~ton ennrl 2. Reauest for Production of Documents. Set Three (31 3. Reouest for Admissions. Set Three (31 4. Form Interroeatories. General Summary of certain cunent discovery deadiines in Chang v. Farmers for August I September 2913 as ofAugust 22, 2013 by HIK, KLC