Preview
16CV300096
Santa Clara — Civil
Electronically Filed
Fred W. Schwinn (SBN 225575)
by Superior Court of CA,
Raeon R. Roulston (SBN 255622)
Matthew C. Salmonsen (SBN 302854) County of Santa Clara,
CONSUMER LAW CENTER, INC. on 1/15/2021 2:19 PM
1435 Koll Circle, Suite 104 Reviewed By: R. Walker
San Jose, California 95112-4610 Case #16CV300096
Telephone Number: (408) 294-6100 Envelope: 5653933
Facsimile Number: (408) 294-6190
Email Address: fred.schwinn@sjconsumerlaw.com
Attorneys for Defendant/Cross-Complainant
MARIA ANTONIA CANUL
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
10
VELOCITY INVESTMENTS, LLC, Case No. 16CV300096
ll (Unlimited Civil Case)
Plaintiff,
12 v. DECLARATION OF MATTHEW C.
13 SALMONSEN IN SUPPORT OF MOTION
MARIA ANTONIA CANUL,
TO COMPEL FURTHER RESPONSES TO
14 Defendant. INTERROGATORIES, REQUEST FOR
PRODUCTION OF DOCUMENTS,
15 DOCUMENTS RESPONSIVE THERETO,
AND FOR MONETARY SANCTIONS
16
AGAINST VELOCITY INVESTMENTS,
17 LLC
18 [C.C.P. §§ 2030.300 and 2031.310]
AND RELATED CROSS-ACTION.
19
20 I, Matthew C. Salmonsen, declare as follows:
21 1 Tam an attorney-at-law duly licensed to practice before all the courts of the State of
22
California and am an associate attorney in the law firm Consumer Law Center, Inc., attorneys of record
23
for Defendant/Cross-Complainant, MARIA ANTONIA CANUL (hereinafter “CANUL”).
24
2. I have personal knowledge of the following facts, and if called as a witness, I could
25
26 and would competently testify thereto.
27 3 On February 19, 2019, CANUL served on Plaintiff/Cross-Defendant, VELOCITY
28
INVESTMENTS, LLC (“VELOCITY”), various discovery including Form Interrogatories (Set One),
-1-
DECLARATION OF MATTHEW C. SALMONSEN Case No. 16CV300096
Special Interrogatories (Set One), and Request for Production of Documents and Electronically Stored
Information (Set One). A true and correct copy of the aforementioned discovery requests are attached
hereto and marked as Exhibits “A,” “B,” and “C,” respectively.
4 Having received no response to the discovery served, on July 23, 2019, CANUL
obtained an an Order Granting Motion to Compel Responses to Demand for Copy of Items of Account
ind Form Interrogatories (Set One) and Special Interrogatories (Set One) and Request for Production of
Documents and Electronically Stored Information (Set One) from Velocity Investments, LLC, and for
Monetary Sanctions, with a Notice of Entry of Order filed on August 13, 2019. A true and correct copy
10
of this Notice of Entry of Order is attached hereto and marked as Exhibit “D.”
ll
5 On or about March 6, 2020, VELOCITY served its untimely responses to
12
13 CANUL’s Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for
14 Production of Documents and Electronically Stored Information (Set One), which consisted of
15 objections that had been waived, insufficient responses, and an incomplete document production. A
16
true and correct copy of VELOCITY’s untimely responses are attached hereto and marked as Exhibits
17
“E,” “F,” and “G,” respectively.
18
19 Meet and Confer Efforts
20 6 On May 12, 2020, I sent a letter to Gregory Sabo, counsel for VELOCITY, in an
21 attempt to meet and confer regarding VELOCITY’s waived objections, incomplete responses, and
22
incomplete document production. I asked Mr. Sabo to provide a response by May 29, 2020. A true and
23
correct copy of my September 28, 2020 letter is attached hereto and marked as Exhibit “H.”
24
25 i On June 18, 2020, Molshree Gupta, counsel for VELOCITY, sent a letter in
26 response to my meet and confer letter of May 12, 2020. Generally, Ms. Gupta indicated that
27 VELOCITY could not determine the class definition in this case and therefore would not serve
28
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DECLARATION OF MATTHEW C. SALMONSEN Case No. 16CV300096
supplemental responses. A true and correct copy of Ms. Gupta’s June 18, 2020 email is attached hereto
and marked as Exhibit “I.”
8 On June 24, 2020, I responded to Ms. Gupta’s correspondence, clarifying the
allegations of the Class Action Cross-Complaint and citing to the class definition contained in the
Cross-Complaint. I also responded to the points and authorities raised in Ms. Gupta’s letter and
renewed my request for supplemental discovery responses. I requested that supplemental responses be
received by July 3, 2020. A true and correct copy of my June 24, 2020 letter to Ms. Gupta is attached
hereto and marked as Exhibit “J.”
10
Follow-Up Meet and Confer Efforts
ll
9 On July 9, 2020, I sent a follow-up email to Ms. Gupta inquiring about the status of
12
13 VELOCITY’s supplemental responses. In response, Ms. Gupta requested more time to formulate a
14 response and mutual extensions of discovery deadlines were granted.
15 10. Thereafter, Ms. Gupta requested, and was granted, several additional extensions of
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time in which to serve VELOCITY’s supplemental responses and CANUL was granted until October
17
14, 2020 to file any motion to compel, should one become necessary.
18
19 11. On October 7, 2020, having still not received VELOCITY’s supplemental
20 responses in this case, I sent an email to Ms. Gupta inquiring about the status of same. Ms. Gupta
21 stated “[w]e are working on further responses with our client, and should know the expected delivery
22
date by the end of this week.” Ms. Gupta also granted CANUL an extension of time to file a motion to
23
compel to November 16, 2020.
24
25 12. On November 10, 2020, having still not received VELOCITY’s supplemental
26 responses in this case, I sent an email to Ms. Gupta inquiring about the status of same. In response, Ms.
27 Gupta requested, for the first time, a Stipulated Protective Order. I informed Ms. Gupta that CANUL
28
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DECLARATION OF MATTHEW C. SALMONSEN Case No. 16CV300096
would agree to the terms of the Model Protective Order available on the Court’s Complex Civil website
and requested an extension of time in which to file CANUL’s motion to compel to January 15, 2021.
The requested extension of time was granted via email on November 13, 2020.
13. On November 23, 2020, Ms. Gupta sent via email a Protective Order that deviated
from the Court’s Model Protective Order. In response, I informed Ms. Gupta that CANUL would only
agree to stipulate to the language provided for in the Model Protective Order and requested her to
confirm whether or not her client would agree to the unchanged terms of the Court’s Model Protective
Order. Ms. Gupta did not respond to this email.
10
14. A true and correct copy of the above email chain, without attachments, is attached
ll
hereto and marked as Exhibit “K.”
12
13 Attorney Time
14 15. The hourly billing rate for attorney time expended by myself is $500.00. I have
15 expended 8.9 hours in preparing the forgoing motion and related documents. These hours do not
16
include the time I will be required to expend in preparing a reply in support of this motion and to attend
17
the hearing. At present, I anticipate that I will expend approximately 3.0 hours for these additional
18
19 tasks. CANUL has also incurred filing fees of $67.52 in filing this motion. Accordingly, while more
20 precise proof of my attorney fees and expenses will be set forth in my reply in support of this motion,
21 the party that I represent requests sanctions in the amount of $6,017.52 in this matter.
22
I declare under penalty of perjury under the laws of the State of California that the foregoing is
23
true and correct.
24
Executed this 15" day of January, 2021, at San Jose, California.
25
26 /s/ Matthew C. Salmonsen
Matthew C. Salmonsen
27
28
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DECLARATION OF MATTHEW C. SALMONSEN Case No. 16CV300096
DISC-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
t- Fred W. Schwinn (SBN 225575)
Consumer Law Center, Inc.
1435 Koll Circle, Suite 104
San Jose, California 95112-4610
teverHone No: (408) 294-6100
FAX NO. (Optional) (408) 294-6190
E-MAIL ADDRESS (Optional) fred.schwinn@sjconsumerlaw.com
ATTORNEY FOR (Name: MARIA ANTONIA CANUL
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
SHORT TITLE OF CASE:
VELOCITY INVESTMENTS, LLC v. MARIA ANTONIA CANUL
FORM INTERROGATORIES-GENERAL CASE NUMBER:
Asking Party) MARIA ANTONIA CANUL 16-CV-300096
Answering Party: VELOCITY INVESTMENTS, LLC
Set No.: ONE
Sec. 1. Instructions to Ail Parties (c) Each answer must be as complete and straightforward
(a) Interrogatories are written questions prepared by a party as the information reasonably available to you, including the
to an action that are sent to any other party in the action to be information possessed by your attorneys or agents, permits. If
answered under oath. The interrogatories below are form an interrogatory cannot be answered completely, answer it to
interrogatories approved for use in civil cases. the extent possible.
(b) For time limitations, requirements for service on other (a) If you do not have enough personal knowledge to fully
parties, and other details, see Code of Civil Procedure answer an interrogatory, say so, but make a reasonable and
sections 2030.010-2030.410 and the cases construing those good faith effort to get the information by asking other persons
sections. or organizations, unless the information is equally available to
(c) These form interrogatories do not change existing law the asking party.
relating to interrogatories nor do they affect an answering (e) Whenever an interrogatory may be answered by
party's right to assert any privilege or make any objection. referring to a document, the document may be attached as an
Sec. 2. Instructions to the Asking Party exhibit to the response and referred to in the response. If the
(a) These interrogatories are designed for optional use by document has more than one page, refer to the page and
parties in unlimited civil cases where the amount demanded section where the answer to the interrogatory can be found.
exceeds $25,000. Separate interrogatories, Form (f) Whenever an address and telephone number for the
Interrogatories - Limited Civil Cases (Economic Litigation) same person are requested in more than one interrogatory,
(form DISC-004), which have no subparts, are designed for you are required to furnish them in answering only the first
use in limited civil cases where the amount demanded is interrogatory asking for that information.
$25,000 or less; however, those interrogatories may also be (9) If you are asserting a privilege or making an objection to
used in unlimited civil cases. an interrogatory, you must specifically assert the privilege or
(b) Check the box next to each interrogatory that you want state the objection in your written response.
the answering party to answer. Use care in choosing those (h) Your answers to these interrogatories must be verified,
interrogatories that are applicable to the case. dated, and signed. You may wish to use the following form at
(c) You may insert your own definition of INCIDENT in the end of your answers:
Section 4, but only where the action arises from a course of | declare under penalty of perjury under the laws of the
conduct or a series of events occurring over a period of time. State of Califomia that the foregoing answers are true and
(d) The interrogatories in section 16.0, Defendant's correct.
Contentions-Personal Injury, should not be used until the
defendant has had a reasonable opportunity to conduct an (DATEY (SIGNATURE
investigation or discovery of plaintiffs injuries and damages.
Sec. 4. Definitions
(e) Additional interrogatories may be attached.
Words in BOLDFACE CAPITALS in these interrogatories
Sec. 3. Instructions to the Answering Party
are defined as follows:
(a) An answer or other appropriate response must be
given to each interrogatory checked by the asking party. (a) (Check one of the following):
(b) As a general rule, within 30 days after you are served (22.1) INCIDENT includes the circumstances and
with these interrogatories, you must serve your responses on events surrounding the alleged accident, injury, or
the asking party and serve copies of your responses on all other occurrence or breach of contract giving rise to
other parties to the action who have appeared. See Code of this action or proceeding.
Civil Procedure sections 2030.260-2030.270 for details.
[>.4a
tT Page 1 of 8
Form Approved for Optional Use FORM INTERROGATORIES - GENERAL ‘ode of Civil Procedure,
ge
Judicial Council of California Essential §§ 2030.010-2030.410, 133.710
DISC-004 (Rev. January 1, 2008] fziForms- jww.courtinfo.ca.gov
DISC-001
GB (2) INCIDENT means (insert your definition here or 1.0 Identity of Persons Answering These Interrogatories
on a separate, attached sheet labeled "Sec.
(1.1 State the name, ADDRESS, telephone number, and
A(ay(2)')- relationship to you of each PERSON who prepared or
The origination, assignment, and collection
of the subject consumer cre dit account and assisted in the preparation of the responses to these
the drafting, authorization, approval, and interrogatories. (Do not identify anyone who simply typed or
of Exhibit “1” attache hereto. f
use of collection Com ny laints in the form
2.0
reproduced the responses.)
General Background Information - individual
(b) YOU OR ANYONE ACTING ON YOUR BEHALF
ay 2 State:
includes you, your agents, your employees, your insurance
companies, their agents, their employees, your attorneys, your (a) your name;
accountants, your investigators, and anyone else acting on (b) every name you have used in the past; and
your behalf. (©) the dates you used each name.
(c) PERSON includes a natural person, firm, association, C2 22 State the date and place of your birth.
organization, partnership, business, trust, limited liability
Cy 23 At the time of the INCIDENT, did you have a driver's
company, corporation, or public entity.
license? If so state:
(d) DOCUMENT means a writing, as defined in Evidence
Code section 250, and includes the original or a copy of (a) the state or other issuing entity;
handwriting, typewriting, printing, photostats, photographs, (b) the license number and type;
electronically stored information, and every other means of (©) the date of issuance; and
recording upon any tangible thing and form of communicating (d) ail restrictions.
24 At the time of the INCIDENT, did you have any other
or representation, including letters, words, pictures, sounds, or
permit or license for the operation of a motor vehicle? If so,
symbols, or combinations of them.
state:
(e) HEALTH CARE PROVIDER includes any PERSON
referred to in Code of Civil Procedure section 667.7(e)(3). (a) the state or other issuing entity;
(f) ADDRESS means the street address, including the city, (b) the license number and type;
state, and zip code. (o) the date of issuance; and
(d) all restrictions.
Sec. 5. Interrogatories
2.5 State:
The following interrogatories have been approved by the
Judicial Council under Code of Civil Procedure section 2033.710: (a) your present residence ADDRESS;
(b) your residence ADDRESSES for the past five years; and
CONTENTS (c) the dates you lived at each ADDRESS.
1.0 Identity of Persons Answering These Interrogatories
26 State:
2.0 General Background Information - Individual
3.0 General Background Information - Business Entity (a) the name, ADDRESS, and telephone number of your
present employer or place of self-employment; and
4.0 Insurance
5.0 [Reserved]
(b) the name, ADDRESS, dates of employment, job title,
and nature of work for each employer or
6.0 Physical, Mental, or Emotional Injuries
self-employment you have had from five years before
7.0 Property Damage
the INCIDENT until today.
8.0 Loss of Income or Earning Capacity
9.0 Other Damages 2.7 State:
10.0 Medical History (a) the name and ADDRESS of each school or other
11.0 Other Claims and Previous Claims academic or vocational institution you have attended,
12.0 Investigation - General beginning with high school;
13.0 Investigation - Surveillance (b) the dates you attended;
14.0 Statutory or Regulatory Violations (©) the highest grade level you have completed; and
15.0 Denials and Special or Affirmative Defenses (a) the degrees received.
16.0 Defendant's Contentions Personal Injury
2.8 Have you ever been convicted of a felony? If so, for
17.0 Responses to Request for Admissions
each conviction state:
18.0 [Reserved]
19.0 [Reserved] (a) the city and state where you were convicted;
20.0 How the Incident Occurred - Motor Vehicle (b) the date of conviction;
() the offense; and
25.0 [Reserved]
30.0 [Reserved] (a) the court and case number.
40.0 [Reserved] 2.9 Can you speak English with ease? If not, what
50.0 Coniract language and dialect do you normally use?
60.0 [Reserved]
2.10 Can you read and write English with ease? if not, what
70.0 Unlawful Detainer [See separate form DISC-003]
language and dialect do you normally use?
101.0 Economic Litigation [See separate form DISC-004]
200.0 Employment Law [See separate form DISC-002]
Family Law [See separate form FL-145]
DISC-001 (Rev. January1, 2008]CB Essential FORM INTERROGATORIES - GENERAL Page
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(XQ 2.11 At the time of the INCIDENT were you acting as an CK 34 Are you a joint venture? If so, state:
agent or employee for any PERSON? If so, state: (a) the current joint venture name;
(a) the name, ADDRESS, and telephone number of that (b) all other names used by the joint venture during the
PERSON; and past 10 years and the dates each was used;
(b) adescription of your duties. (c) the name and ADDRESS of each joint venture; and
2.12 At the time of the INCIDENT did you or any other (d) the ADDRESS of the principal place of business.
person have any physical, emotional, or mental disability or 3.5 Are you an unincorporated association?
condition that may have contributed to the occurrence of the If so, state:
INCIDENT? If so, for each person state: (a) the current unincorporated association name;
(a) the name, ADDRESS, and telephone number; (b) all other names used by the unincorporated association
(b) the nature of the disability or condition; and during the past 10 years and the dates each was used;
(c) the manner in which the disability or condition and
contributed to the occurrence of the INCIDENT. (c) the ADDRESS of the principal place of business.
2.13 Within 24 hours before the INCIDENT did you or any
3.6 Have you done business under a fictitious name during
person involved in the INCIDENT use or take any of the
the past 10 years? If so, for each fictitious name state:
following substances: alcoholic beverage, marijuana, or
other drug or medication of any kind (prescription or not)? If (a) the name;
(b) the dates each was used;
so, for each person state:
(c) the state and county of each fictitious name filing; and
{a) the name, ADDRESS, and telephone number;
(d) the ADDRESS of the principal place of business.
(b) the nature or description of each substance;
©) the quantity of each substance used or taken; 3.7 Within the past five years has any public entity regis-
() the date and time of day when each substance was used tered or licensed your business? If so, for each license or
or taken; registration:
() the ADDRESS where each substance was used or (a) identify the license or registration;
taken; (b) state the name of the public entity; and
() the name, ADDRESS, and telephone number of each (c) state the dates of issuance and expiration.
person who was present when each substance was used
4.0 Insurance
or taken; and
[XJ 4.1 At the time of the INCIDENT, was there in effect any
(g) the name, ADDRESS, and telephone number of any
policy of insurance through which you were or might be
HEALTH CARE PROVIDER who prescribed or furnished
insured in any manner (for example, primary, pro-rata, or
the substance and the condition for which it was
excess liability coverage or medical expense coverage) for
prescribed or furnished.
the damages, claims, or actions that have arisen out of the
3.0 General Background Information - Business Entity INCIDENT? If so, for each policy state:
3.1 Are you a corporation? If so, state: (a) the kind of coverage;
(a) the name stated in the current articles of incorporation; (b) the name and ADDRESS of the insurance company;
(b) all other names used by the corporation during the past © the name, ADDRESS, and telephone number of each
10 years and the dates each was used; named insured;
© the date and place of incorporation; (d) the policy number;
(d) the ADDRESS of the principal place of business; and ) the limits of coverage for each type of coverage con-
(e) whether you are qualified to do business in California. tained in the policy;
3.2 Are you a partnership? If so, state: @ whether any reservation of rights or controversy or
coverage dispute exists between you and the insurance
(a) the current partnership name;
company; and
(b) all other names used by the partnership during the past
(g) the name, ADDRESS, and telephone number of the
10 years and the dates each was used;
custodian of the policy.
©) whether you are a limited partnership and, if so, under
4.2 Are you self-insured under any statute for the damages,
the laws of what jurisdiction;
claims, or actions that have arisen out of the INCIDENT? If
(d) the name and ADDRESS of each general partner; and
so, specify the statute.
(e) the ADDRESS of the principal place of business.
5.0 [Reserved]
3.3 Are you a limited liability company? If so, state:
(a) the name stated in the current articles of organization; 6.0 Physical, Mental, or Emotional Injuries
(b) all other names used by the company during the past 10
years and the date each was used;
O 6.1 Do you attribute any physical, mental, or emotional
injuries to the INCIDENT? (If your answer is “no,” do not
(c) the date and place of filing of the articles of organization;
answer interrogatories 6.2 through 6.7).
(d) the ADDRESS of the principal place of business; and
(e) whether you are qualified to do business in California. (6.2 Identify each injury you attribute to the INCIDENT and
the area of your body affected.
DISC-007 (Rev. January 1, 2008] Page sore
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[2] 6.3 Do you still have any complaints that you attribute to (c) state the amount of damage you are claiming for each
the INCIDENT? If so, for each complaint state: item of property and how the amount was calculated; and
(a) a description; (d) if the property was sold, state the name, ADDRESS, and
(b) whether the complaint is subsiding, remaining the same, telephone number of the seller, the date of sale, and the
or becoming worse; and sale price.
(c) the frequency and duration.
CQ 7.2 Has a written estimate or evaluation been made for any
6.4 Did you receive any consultation or examination item of property referred to in your answer to the preceding
(except from expert witnesses covered by Code of Civil interrogatory? If so, for each estimate or evaluation state:
Procedure sections 2034.210-2034.310) or treatment from a (a) the name, ADDRESS, and telephone number of the
HEALTH CARE PROVIDER for any injury you attribute to PERSON who prepared it and the date prepared;
the INCIDENT? If so, for each HEALTH CARE PROVIDER (b) the name, ADDRESS, and telephone number of each
state: PERSON who has a copy of it; and
(a) the name, ADDRESS, and telephone number; (©) the amount of damage stated.
(b) the type of consultation, examination, or treatment
7.3 Has any item of property referred to in your answer to
provided;
interrogatory 7.1 been repaired? If so, for each item state:
©) the dates you received consultation, examination, or
treatment; and (a) the date repaired;
(a) the charges to date. (b) a description of the repair;
(©) the repair cost;
6.5 Have you taken any medication, prescribed or not, as a () the name, ADDRESS, and telephone number of the
result of injuries that you attribute to the INCIDENT? If so, PERSON who repaired it;
for each medication state: (e) the name, ADDRESS, and telephone number of the
(a) the name; PERSON who paid for the repair.
(b) the PERSON who prescribed or furnished it;
8.0 Loss of Income or Earning Capacity
() the date it was prescribed or furnished;
oO 8.1 Do you attribute any loss of income or earning capacity
(d) the dates you began and stopped taking it; and
to the INCIDENT? (if your answer is “no,” do not answer
(e) the cost to date.
interrogatories 8.2 through 8.8).
6.6 Are there any other medical services necessitated by
C3 82 State:
the injuries that you attribute to the INCIDENT that were not
previously listed (for example, ambulance, nursing, (a) the nature of your work;
prosthetics)? If so, for each service state:
(b) your job title at the time of the INCIDENT; and
(c) the date your employment began.
(a) the nature;
(b) the date; Ch 83 State the last date before the INCIDENT that you
(c) the cost; and worked for compensation.
(d) the name, ADDRESS, and telephone number
(C] 8.4 State your monthly income at the time of the INCIDENT
of each provider.
and how the amount was calculated.
6.7 Has any HEALTH CARE PROVIDER advised that you
may require future or additional treatment for any injuries (CJ 8.5 State the date you returned to work at each place of
that you attribute to the INCIDENT? If so, for each injury employment following the INCIDENT.
state:
C2] 8.6 State the dates you did not work and for which you lost
(a) the name and ADDRESS of each HEALTH CARE
income as a result of the INCIDENT.
PROVIDER;
(b) the complaints for which the treatment was advised; and (]} 8.7 State the total income you have lost to date as a result
(c) the nature, duration, and estimated cost of the of the INCIDENT and how the amount was calculated.
treatment.
(CJ 8.8 Will you lose income in the future as a result of the
7.0 Property Damage INCIDENT? If so, state:
7.1 Do you attribute any loss of or damage to a vehicle or (a) the facts upon which you base this contention;
other property to the INCIDENT? If so, for each item of (b) an estimate of the amount;
property: (c) an estimate of how long you will be unable to work; and
(a) describe the property; (d) how the claim for future income is calculated.
(b) describe the nature and location of the damage to the
property;
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9.0 Other Damages (c) the court, names of the parties, and case number of any
[J 9.1 Are there any other damages that you attribute to the action filed;
INCIDENT? If so, for each item of damage state: (d) the name, ADDRESS, and telephone number of any
(a) the nature; attorney representing you;
(b) the date it occurred; e) whether the claim or action has been resolved or is
(c) the amount; and pending; and
(a) the name, ADDRESS, and telephone number of each a description of the injury.
PERSON to whom an obligation was incurred.
11.2 Inthe past 10 years have you made a written claim or
9.2 Do any DOCUMENTS support the existence or amount demand for workers’ compensation benefits? If so, for each
of any item of damages claimed in interrogatory 9.1? If so, laim or demand state:
describe each document and state the name, ADDRESS, (a) the date, time, and place of the INCIDENT giving rise to
and telephone number of the PERSON who has each the claim;
DOCUMENT. (b) the name, ADDRESS, and telephone number of your
employer at the time of the injury;
10.0 Medical History
(J 10.1 At any time before the INCIDENT did you have com- (c) the name, ADDRESS, and telephone number of the
workers’ compensation insurer and the claim number;
plaints or injuries that involved the same part of your body
claimed to have been injured in the INCIDENT? If so, for
(d) the period of time during which you received workers’
compensation benefits;
each state:
(a) adescription of the complaint or injury; (e) a description of the injury;
the name, ADDRESS, and telephone number of any
(b) the dates it began and ended; and
HEALTH CARE PROVIDER who provided services; and
(c) the name, ADDRESS, and telephone number of each
HEALTH CARE PROVIDER whom you consulted or (9) the case number at the Workers’ Compensation Appeals
Board.
who examined or treated you.
12.0 Investigation-General
QO 10.2 List all physical, mental, and emotional disabilities you
(QQ 12.1 State the name, ADDRESS, and telephone number of
had immediately before the INCIDENT. (You may omit
each individual:
mental or emotional disabilities unless you attribute any
mental or emotional injury to the INCIDENT.)
(a) who witnessed the INCIDENT or the events occurring
immediately before or after the INCIDENT;
10.3 At any time after the INCIDENT, did you sustain (b) who made any statement at the scene of the INCIDENT;
injuries of the kind for which you are now claiming (c) who heard any statements made about the INCIDENT by
damages? If so, for each incident giving rise to an injury any individual at the scene; and
state: (d) who YOU OR ANYONE ACTING ON YOUR BEHALF
(a) the date and the place it occurred; claim has knowledge of the INCIDENT (except for
(b) the name, ADDRESS, and telephone number of any expert witnesses covered by Code of Civil Procedure
other PERSON involved; section 2034).
(c) the nature of any injuries you sustained;
12.2 Have YOU OR ANYONE ACTING ON YOUR
(d) the name, ADDRESS, and telephone number of each
BEHALF interviewed any individual concerning the
HEALTH CARE PROVIDER who you consulted or who
INCIDENT? If so, for each individual state:
examined or treated you; and
(a) the name, ADDRESS, and telephone number of the
) the nature of the treatment and its duration.
individual interviewed;
11.0 Other Claims and Previous Claims (b) the date of the interview; and
(CQ 11.1 Except for this action, in the past 10 years have you (c) the name, ADDRESS, and telephone number of the
filed an action or made a written claim or demand for PERSON who conducted the interview.
compensation for your personal injuries? If so, for each
12.3 Have YOU OR ANYONE ACTING ON YOUR
action, claim, or demand state:
BEHALF obtained a written or recorded statement from any
(a) the date, time, and place and location (closest street
individual concerning the INCIDENT? If so, for each
ADDRESS or intersection) of the INCIDENT giving rise
statement state:
Preview
16CV300096 Santa Clara — Civil Electronically Filed Fred W. Schwinn (SBN 225575) by Superior Court of CA, Raeon R. Roulston (SBN 255622) Matthew C. Salmonsen (SBN 302854) County of Santa Clara, CONSUMER LAW CENTER, INC. on 1/15/2021 2:19 PM 1435 Koll Circle, Suite 104 Reviewed By: R. Walker San Jose, California 95112-4610 Case #16CV300096 Telephone Number: (408) 294-6100 Envelope: 5653933 Facsimile Number: (408) 294-6190 Email Address: fred.schwinn@sjconsumerlaw.com Attorneys for Defendant/Cross-Complainant MARIA ANTONIA CANUL SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA 10 VELOCITY INVESTMENTS, LLC, Case No. 16CV300096 ll (Unlimited Civil Case) Plaintiff, 12 v. DECLARATION OF MATTHEW C. 13 SALMONSEN IN SUPPORT OF MOTION MARIA ANTONIA CANUL, TO COMPEL FURTHER RESPONSES TO 14 Defendant. INTERROGATORIES, REQUEST FOR PRODUCTION OF DOCUMENTS, 15 DOCUMENTS RESPONSIVE THERETO, AND FOR MONETARY SANCTIONS 16 AGAINST VELOCITY INVESTMENTS, 17 LLC 18 [C.C.P. §§ 2030.300 and 2031.310] AND RELATED CROSS-ACTION. 19 20 I, Matthew C. Salmonsen, declare as follows: 21 1 Tam an attorney-at-law duly licensed to practice before all the courts of the State of 22 California and am an associate attorney in the law firm Consumer Law Center, Inc., attorneys of record 23 for Defendant/Cross-Complainant, MARIA ANTONIA CANUL (hereinafter “CANUL”). 24 2. I have personal knowledge of the following facts, and if called as a witness, I could 25 26 and would competently testify thereto. 27 3 On February 19, 2019, CANUL served on Plaintiff/Cross-Defendant, VELOCITY 28 INVESTMENTS, LLC (“VELOCITY”), various discovery including Form Interrogatories (Set One), -1- DECLARATION OF MATTHEW C. SALMONSEN Case No. 16CV300096 Special Interrogatories (Set One), and Request for Production of Documents and Electronically Stored Information (Set One). A true and correct copy of the aforementioned discovery requests are attached hereto and marked as Exhibits “A,” “B,” and “C,” respectively. 4 Having received no response to the discovery served, on July 23, 2019, CANUL obtained an an Order Granting Motion to Compel Responses to Demand for Copy of Items of Account ind Form Interrogatories (Set One) and Special Interrogatories (Set One) and Request for Production of Documents and Electronically Stored Information (Set One) from Velocity Investments, LLC, and for Monetary Sanctions, with a Notice of Entry of Order filed on August 13, 2019. A true and correct copy 10 of this Notice of Entry of Order is attached hereto and marked as Exhibit “D.” ll 5 On or about March 6, 2020, VELOCITY served its untimely responses to 12 13 CANUL’s Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for 14 Production of Documents and Electronically Stored Information (Set One), which consisted of 15 objections that had been waived, insufficient responses, and an incomplete document production. A 16 true and correct copy of VELOCITY’s untimely responses are attached hereto and marked as Exhibits 17 “E,” “F,” and “G,” respectively. 18 19 Meet and Confer Efforts 20 6 On May 12, 2020, I sent a letter to Gregory Sabo, counsel for VELOCITY, in an 21 attempt to meet and confer regarding VELOCITY’s waived objections, incomplete responses, and 22 incomplete document production. I asked Mr. Sabo to provide a response by May 29, 2020. A true and 23 correct copy of my September 28, 2020 letter is attached hereto and marked as Exhibit “H.” 24 25 i On June 18, 2020, Molshree Gupta, counsel for VELOCITY, sent a letter in 26 response to my meet and confer letter of May 12, 2020. Generally, Ms. Gupta indicated that 27 VELOCITY could not determine the class definition in this case and therefore would not serve 28 -2- DECLARATION OF MATTHEW C. SALMONSEN Case No. 16CV300096 supplemental responses. A true and correct copy of Ms. Gupta’s June 18, 2020 email is attached hereto and marked as Exhibit “I.” 8 On June 24, 2020, I responded to Ms. Gupta’s correspondence, clarifying the allegations of the Class Action Cross-Complaint and citing to the class definition contained in the Cross-Complaint. I also responded to the points and authorities raised in Ms. Gupta’s letter and renewed my request for supplemental discovery responses. I requested that supplemental responses be received by July 3, 2020. A true and correct copy of my June 24, 2020 letter to Ms. Gupta is attached hereto and marked as Exhibit “J.” 10 Follow-Up Meet and Confer Efforts ll 9 On July 9, 2020, I sent a follow-up email to Ms. Gupta inquiring about the status of 12 13 VELOCITY’s supplemental responses. In response, Ms. Gupta requested more time to formulate a 14 response and mutual extensions of discovery deadlines were granted. 15 10. Thereafter, Ms. Gupta requested, and was granted, several additional extensions of 16 time in which to serve VELOCITY’s supplemental responses and CANUL was granted until October 17 14, 2020 to file any motion to compel, should one become necessary. 18 19 11. On October 7, 2020, having still not received VELOCITY’s supplemental 20 responses in this case, I sent an email to Ms. Gupta inquiring about the status of same. Ms. Gupta 21 stated “[w]e are working on further responses with our client, and should know the expected delivery 22 date by the end of this week.” Ms. Gupta also granted CANUL an extension of time to file a motion to 23 compel to November 16, 2020. 24 25 12. On November 10, 2020, having still not received VELOCITY’s supplemental 26 responses in this case, I sent an email to Ms. Gupta inquiring about the status of same. In response, Ms. 27 Gupta requested, for the first time, a Stipulated Protective Order. I informed Ms. Gupta that CANUL 28 -3- DECLARATION OF MATTHEW C. SALMONSEN Case No. 16CV300096 would agree to the terms of the Model Protective Order available on the Court’s Complex Civil website and requested an extension of time in which to file CANUL’s motion to compel to January 15, 2021. The requested extension of time was granted via email on November 13, 2020. 13. On November 23, 2020, Ms. Gupta sent via email a Protective Order that deviated from the Court’s Model Protective Order. In response, I informed Ms. Gupta that CANUL would only agree to stipulate to the language provided for in the Model Protective Order and requested her to confirm whether or not her client would agree to the unchanged terms of the Court’s Model Protective Order. Ms. Gupta did not respond to this email. 10 14. A true and correct copy of the above email chain, without attachments, is attached ll hereto and marked as Exhibit “K.” 12 13 Attorney Time 14 15. The hourly billing rate for attorney time expended by myself is $500.00. I have 15 expended 8.9 hours in preparing the forgoing motion and related documents. These hours do not 16 include the time I will be required to expend in preparing a reply in support of this motion and to attend 17 the hearing. At present, I anticipate that I will expend approximately 3.0 hours for these additional 18 19 tasks. CANUL has also incurred filing fees of $67.52 in filing this motion. Accordingly, while more 20 precise proof of my attorney fees and expenses will be set forth in my reply in support of this motion, 21 the party that I represent requests sanctions in the amount of $6,017.52 in this matter. 22 I declare under penalty of perjury under the laws of the State of California that the foregoing is 23 true and correct. 24 Executed this 15" day of January, 2021, at San Jose, California. 25 26 /s/ Matthew C. Salmonsen Matthew C. Salmonsen 27 28 -4- DECLARATION OF MATTHEW C. SALMONSEN Case No. 16CV300096 DISC-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): t- Fred W. Schwinn (SBN 225575) Consumer Law Center, Inc. 1435 Koll Circle, Suite 104 San Jose, California 95112-4610 teverHone No: (408) 294-6100 FAX NO. (Optional) (408) 294-6190 E-MAIL ADDRESS (Optional) fred.schwinn@sjconsumerlaw.com ATTORNEY FOR (Name: MARIA ANTONIA CANUL SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SHORT TITLE OF CASE: VELOCITY INVESTMENTS, LLC v. MARIA ANTONIA CANUL FORM INTERROGATORIES-GENERAL CASE NUMBER: Asking Party) MARIA ANTONIA CANUL 16-CV-300096 Answering Party: VELOCITY INVESTMENTS, LLC Set No.: ONE Sec. 1. Instructions to Ail Parties (c) Each answer must be as complete and straightforward (a) Interrogatories are written questions prepared by a party as the information reasonably available to you, including the to an action that are sent to any other party in the action to be information possessed by your attorneys or agents, permits. If answered under oath. The interrogatories below are form an interrogatory cannot be answered completely, answer it to interrogatories approved for use in civil cases. the extent possible. (b) For time limitations, requirements for service on other (a) If you do not have enough personal knowledge to fully parties, and other details, see Code of Civil Procedure answer an interrogatory, say so, but make a reasonable and sections 2030.010-2030.410 and the cases construing those good faith effort to get the information by asking other persons sections. or organizations, unless the information is equally available to (c) These form interrogatories do not change existing law the asking party. relating to interrogatories nor do they affect an answering (e) Whenever an interrogatory may be answered by party's right to assert any privilege or make any objection. referring to a document, the document may be attached as an Sec. 2. Instructions to the Asking Party exhibit to the response and referred to in the response. If the (a) These interrogatories are designed for optional use by document has more than one page, refer to the page and parties in unlimited civil cases where the amount demanded section where the answer to the interrogatory can be found. exceeds $25,000. Separate interrogatories, Form (f) Whenever an address and telephone number for the Interrogatories - Limited Civil Cases (Economic Litigation) same person are requested in more than one interrogatory, (form DISC-004), which have no subparts, are designed for you are required to furnish them in answering only the first use in limited civil cases where the amount demanded is interrogatory asking for that information. $25,000 or less; however, those interrogatories may also be (9) If you are asserting a privilege or making an objection to used in unlimited civil cases. an interrogatory, you must specifically assert the privilege or (b) Check the box next to each interrogatory that you want state the objection in your written response. the answering party to answer. Use care in choosing those (h) Your answers to these interrogatories must be verified, interrogatories that are applicable to the case. dated, and signed. You may wish to use the following form at (c) You may insert your own definition of INCIDENT in the end of your answers: Section 4, but only where the action arises from a course of | declare under penalty of perjury under the laws of the conduct or a series of events occurring over a period of time. State of Califomia that the foregoing answers are true and (d) The interrogatories in section 16.0, Defendant's correct. Contentions-Personal Injury, should not be used until the defendant has had a reasonable opportunity to conduct an (DATEY (SIGNATURE investigation or discovery of plaintiffs injuries and damages. Sec. 4. Definitions (e) Additional interrogatories may be attached. Words in BOLDFACE CAPITALS in these interrogatories Sec. 3. Instructions to the Answering Party are defined as follows: (a) An answer or other appropriate response must be given to each interrogatory checked by the asking party. (a) (Check one of the following): (b) As a general rule, within 30 days after you are served (22.1) INCIDENT includes the circumstances and with these interrogatories, you must serve your responses on events surrounding the alleged accident, injury, or the asking party and serve copies of your responses on all other occurrence or breach of contract giving rise to other parties to the action who have appeared. See Code of this action or proceeding. Civil Procedure sections 2030.260-2030.270 for details. [>.4a tT Page 1 of 8 Form Approved for Optional Use FORM INTERROGATORIES - GENERAL ‘ode of Civil Procedure, ge Judicial Council of California Essential §§ 2030.010-2030.410, 133.710 DISC-004 (Rev. January 1, 2008] fziForms- jww.courtinfo.ca.gov DISC-001 GB (2) INCIDENT means (insert your definition here or 1.0 Identity of Persons Answering These Interrogatories on a separate, attached sheet labeled "Sec. (1.1 State the name, ADDRESS, telephone number, and A(ay(2)')- relationship to you of each PERSON who prepared or The origination, assignment, and collection of the subject consumer cre dit account and assisted in the preparation of the responses to these the drafting, authorization, approval, and interrogatories. (Do not identify anyone who simply typed or of Exhibit “1” attache hereto. f use of collection Com ny laints in the form 2.0 reproduced the responses.) General Background Information - individual (b) YOU OR ANYONE ACTING ON YOUR BEHALF ay 2 State: includes you, your agents, your employees, your insurance companies, their agents, their employees, your attorneys, your (a) your name; accountants, your investigators, and anyone else acting on (b) every name you have used in the past; and your behalf. (©) the dates you used each name. (c) PERSON includes a natural person, firm, association, C2 22 State the date and place of your birth. organization, partnership, business, trust, limited liability Cy 23 At the time of the INCIDENT, did you have a driver's company, corporation, or public entity. license? If so state: (d) DOCUMENT means a writing, as defined in Evidence Code section 250, and includes the original or a copy of (a) the state or other issuing entity; handwriting, typewriting, printing, photostats, photographs, (b) the license number and type; electronically stored information, and every other means of (©) the date of issuance; and recording upon any tangible thing and form of communicating (d) ail restrictions. 24 At the time of the INCIDENT, did you have any other or representation, including letters, words, pictures, sounds, or permit or license for the operation of a motor vehicle? If so, symbols, or combinations of them. state: (e) HEALTH CARE PROVIDER includes any PERSON referred to in Code of Civil Procedure section 667.7(e)(3). (a) the state or other issuing entity; (f) ADDRESS means the street address, including the city, (b) the license number and type; state, and zip code. (o) the date of issuance; and (d) all restrictions. Sec. 5. Interrogatories 2.5 State: The following interrogatories have been approved by the Judicial Council under Code of Civil Procedure section 2033.710: (a) your present residence ADDRESS; (b) your residence ADDRESSES for the past five years; and CONTENTS (c) the dates you lived at each ADDRESS. 1.0 Identity of Persons Answering These Interrogatories 26 State: 2.0 General Background Information - Individual 3.0 General Background Information - Business Entity (a) the name, ADDRESS, and telephone number of your present employer or place of self-employment; and 4.0 Insurance 5.0 [Reserved] (b) the name, ADDRESS, dates of employment, job title, and nature of work for each employer or 6.0 Physical, Mental, or Emotional Injuries self-employment you have had from five years before 7.0 Property Damage the INCIDENT until today. 8.0 Loss of Income or Earning Capacity 9.0 Other Damages 2.7 State: 10.0 Medical History (a) the name and ADDRESS of each school or other 11.0 Other Claims and Previous Claims academic or vocational institution you have attended, 12.0 Investigation - General beginning with high school; 13.0 Investigation - Surveillance (b) the dates you attended; 14.0 Statutory or Regulatory Violations (©) the highest grade level you have completed; and 15.0 Denials and Special or Affirmative Defenses (a) the degrees received. 16.0 Defendant's Contentions Personal Injury 2.8 Have you ever been convicted of a felony? If so, for 17.0 Responses to Request for Admissions each conviction state: 18.0 [Reserved] 19.0 [Reserved] (a) the city and state where you were convicted; 20.0 How the Incident Occurred - Motor Vehicle (b) the date of conviction; () the offense; and 25.0 [Reserved] 30.0 [Reserved] (a) the court and case number. 40.0 [Reserved] 2.9 Can you speak English with ease? If not, what 50.0 Coniract language and dialect do you normally use? 60.0 [Reserved] 2.10 Can you read and write English with ease? if not, what 70.0 Unlawful Detainer [See separate form DISC-003] language and dialect do you normally use? 101.0 Economic Litigation [See separate form DISC-004] 200.0 Employment Law [See separate form DISC-002] Family Law [See separate form FL-145] DISC-001 (Rev. January1, 2008]CB Essential FORM INTERROGATORIES - GENERAL Page 2 of 8 2|/Forms- DISC-001 (XQ 2.11 At the time of the INCIDENT were you acting as an CK 34 Are you a joint venture? If so, state: agent or employee for any PERSON? If so, state: (a) the current joint venture name; (a) the name, ADDRESS, and telephone number of that (b) all other names used by the joint venture during the PERSON; and past 10 years and the dates each was used; (b) adescription of your duties. (c) the name and ADDRESS of each joint venture; and 2.12 At the time of the INCIDENT did you or any other (d) the ADDRESS of the principal place of business. person have any physical, emotional, or mental disability or 3.5 Are you an unincorporated association? condition that may have contributed to the occurrence of the If so, state: INCIDENT? If so, for each person state: (a) the current unincorporated association name; (a) the name, ADDRESS, and telephone number; (b) all other names used by the unincorporated association (b) the nature of the disability or condition; and during the past 10 years and the dates each was used; (c) the manner in which the disability or condition and contributed to the occurrence of the INCIDENT. (c) the ADDRESS of the principal place of business. 2.13 Within 24 hours before the INCIDENT did you or any 3.6 Have you done business under a fictitious name during person involved in the INCIDENT use or take any of the the past 10 years? If so, for each fictitious name state: following substances: alcoholic beverage, marijuana, or other drug or medication of any kind (prescription or not)? If (a) the name; (b) the dates each was used; so, for each person state: (c) the state and county of each fictitious name filing; and {a) the name, ADDRESS, and telephone number; (d) the ADDRESS of the principal place of business. (b) the nature or description of each substance; ©) the quantity of each substance used or taken; 3.7 Within the past five years has any public entity regis- () the date and time of day when each substance was used tered or licensed your business? If so, for each license or or taken; registration: () the ADDRESS where each substance was used or (a) identify the license or registration; taken; (b) state the name of the public entity; and () the name, ADDRESS, and telephone number of each (c) state the dates of issuance and expiration. person who was present when each substance was used 4.0 Insurance or taken; and [XJ 4.1 At the time of the INCIDENT, was there in effect any (g) the name, ADDRESS, and telephone number of any policy of insurance through which you were or might be HEALTH CARE PROVIDER who prescribed or furnished insured in any manner (for example, primary, pro-rata, or the substance and the condition for which it was excess liability coverage or medical expense coverage) for prescribed or furnished. the damages, claims, or actions that have arisen out of the 3.0 General Background Information - Business Entity INCIDENT? If so, for each policy state: 3.1 Are you a corporation? If so, state: (a) the kind of coverage; (a) the name stated in the current articles of incorporation; (b) the name and ADDRESS of the insurance company; (b) all other names used by the corporation during the past © the name, ADDRESS, and telephone number of each 10 years and the dates each was used; named insured; © the date and place of incorporation; (d) the policy number; (d) the ADDRESS of the principal place of business; and ) the limits of coverage for each type of coverage con- (e) whether you are qualified to do business in California. tained in the policy; 3.2 Are you a partnership? If so, state: @ whether any reservation of rights or controversy or coverage dispute exists between you and the insurance (a) the current partnership name; company; and (b) all other names used by the partnership during the past (g) the name, ADDRESS, and telephone number of the 10 years and the dates each was used; custodian of the policy. ©) whether you are a limited partnership and, if so, under 4.2 Are you self-insured under any statute for the damages, the laws of what jurisdiction; claims, or actions that have arisen out of the INCIDENT? If (d) the name and ADDRESS of each general partner; and so, specify the statute. (e) the ADDRESS of the principal place of business. 5.0 [Reserved] 3.3 Are you a limited liability company? If so, state: (a) the name stated in the current articles of organization; 6.0 Physical, Mental, or Emotional Injuries (b) all other names used by the company during the past 10 years and the date each was used; O 6.1 Do you attribute any physical, mental, or emotional injuries to the INCIDENT? (If your answer is “no,” do not (c) the date and place of filing of the articles of organization; answer interrogatories 6.2 through 6.7). (d) the ADDRESS of the principal place of business; and (e) whether you are qualified to do business in California. (6.2 Identify each injury you attribute to the INCIDENT and the area of your body affected. DISC-007 (Rev. January 1, 2008] Page sore FORM INTERROGATORIES - GENERAL CEB’ Essential ceb.com 2\Forms” DISC-001 [2] 6.3 Do you still have any complaints that you attribute to (c) state the amount of damage you are claiming for each the INCIDENT? If so, for each complaint state: item of property and how the amount was calculated; and (a) a description; (d) if the property was sold, state the name, ADDRESS, and (b) whether the complaint is subsiding, remaining the same, telephone number of the seller, the date of sale, and the or becoming worse; and sale price. (c) the frequency and duration. CQ 7.2 Has a written estimate or evaluation been made for any 6.4 Did you receive any consultation or examination item of property referred to in your answer to the preceding (except from expert witnesses covered by Code of Civil interrogatory? If so, for each estimate or evaluation state: Procedure sections 2034.210-2034.310) or treatment from a (a) the name, ADDRESS, and telephone number of the HEALTH CARE PROVIDER for any injury you attribute to PERSON who prepared it and the date prepared; the INCIDENT? If so, for each HEALTH CARE PROVIDER (b) the name, ADDRESS, and telephone number of each state: PERSON who has a copy of it; and (a) the name, ADDRESS, and telephone number; (©) the amount of damage stated. (b) the type of consultation, examination, or treatment 7.3 Has any item of property referred to in your answer to provided; interrogatory 7.1 been repaired? If so, for each item state: ©) the dates you received consultation, examination, or treatment; and (a) the date repaired; (a) the charges to date. (b) a description of the repair; (©) the repair cost; 6.5 Have you taken any medication, prescribed or not, as a () the name, ADDRESS, and telephone number of the result of injuries that you attribute to the INCIDENT? If so, PERSON who repaired it; for each medication state: (e) the name, ADDRESS, and telephone number of the (a) the name; PERSON who paid for the repair. (b) the PERSON who prescribed or furnished it; 8.0 Loss of Income or Earning Capacity () the date it was prescribed or furnished; oO 8.1 Do you attribute any loss of income or earning capacity (d) the dates you began and stopped taking it; and to the INCIDENT? (if your answer is “no,” do not answer (e) the cost to date. interrogatories 8.2 through 8.8). 6.6 Are there any other medical services necessitated by C3 82 State: the injuries that you attribute to the INCIDENT that were not previously listed (for example, ambulance, nursing, (a) the nature of your work; prosthetics)? If so, for each service state: (b) your job title at the time of the INCIDENT; and (c) the date your employment began. (a) the nature; (b) the date; Ch 83 State the last date before the INCIDENT that you (c) the cost; and worked for compensation. (d) the name, ADDRESS, and telephone number (C] 8.4 State your monthly income at the time of the INCIDENT of each provider. and how the amount was calculated. 6.7 Has any HEALTH CARE PROVIDER advised that you may require future or additional treatment for any injuries (CJ 8.5 State the date you returned to work at each place of that you attribute to the INCIDENT? If so, for each injury employment following the INCIDENT. state: C2] 8.6 State the dates you did not work and for which you lost (a) the name and ADDRESS of each HEALTH CARE income as a result of the INCIDENT. PROVIDER; (b) the complaints for which the treatment was advised; and (]} 8.7 State the total income you have lost to date as a result (c) the nature, duration, and estimated cost of the of the INCIDENT and how the amount was calculated. treatment. (CJ 8.8 Will you lose income in the future as a result of the 7.0 Property Damage INCIDENT? If so, state: 7.1 Do you attribute any loss of or damage to a vehicle or (a) the facts upon which you base this contention; other property to the INCIDENT? If so, for each item of (b) an estimate of the amount; property: (c) an estimate of how long you will be unable to work; and (a) describe the property; (d) how the claim for future income is calculated. (b) describe the nature and location of the damage to the property; DISC-007 (Rev. January 1, 2008] Page 4 of 6 FORM INTERROGATORIES - GENERAL CEB ceb.com Essential f2\Forms" DISC-001 9.0 Other Damages (c) the court, names of the parties, and case number of any [J 9.1 Are there any other damages that you attribute to the action filed; INCIDENT? If so, for each item of damage state: (d) the name, ADDRESS, and telephone number of any (a) the nature; attorney representing you; (b) the date it occurred; e) whether the claim or action has been resolved or is (c) the amount; and pending; and (a) the name, ADDRESS, and telephone number of each a description of the injury. PERSON to whom an obligation was incurred. 11.2 Inthe past 10 years have you made a written claim or 9.2 Do any DOCUMENTS support the existence or amount demand for workers’ compensation benefits? If so, for each of any item of damages claimed in interrogatory 9.1? If so, laim or demand state: describe each document and state the name, ADDRESS, (a) the date, time, and place of the INCIDENT giving rise to and telephone number of the PERSON who has each the claim; DOCUMENT. (b) the name, ADDRESS, and telephone number of your employer at the time of the injury; 10.0 Medical History (J 10.1 At any time before the INCIDENT did you have com- (c) the name, ADDRESS, and telephone number of the workers’ compensation insurer and the claim number; plaints or injuries that involved the same part of your body claimed to have been injured in the INCIDENT? If so, for (d) the period of time during which you received workers’ compensation benefits; each state: (a) adescription of the complaint or injury; (e) a description of the injury; the name, ADDRESS, and telephone number of any (b) the dates it began and ended; and HEALTH CARE PROVIDER who provided services; and (c) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER whom you consulted or (9) the case number at the Workers’ Compensation Appeals Board. who examined or treated you. 12.0 Investigation-General QO 10.2 List all physical, mental, and emotional disabilities you (QQ 12.1 State the name, ADDRESS, and telephone number of had immediately before the INCIDENT. (You may omit each individual: mental or emotional disabilities unless you attribute any mental or emotional injury to the INCIDENT.) (a) who witnessed the INCIDENT or the events occurring immediately before or after the INCIDENT; 10.3 At any time after the INCIDENT, did you sustain (b) who made any statement at the scene of the INCIDENT; injuries of the kind for which you are now claiming (c) who heard any statements made about the INCIDENT by damages? If so, for each incident giving rise to an injury any individual at the scene; and state: (d) who YOU OR ANYONE ACTING ON YOUR BEHALF (a) the date and the place it occurred; claim has knowledge of the INCIDENT (except for (b) the name, ADDRESS, and telephone number of any expert witnesses covered by Code of Civil Procedure other PERSON involved; section 2034). (c) the nature of any injuries you sustained; 12.2 Have YOU OR ANYONE ACTING ON YOUR (d) the name, ADDRESS, and telephone number of each BEHALF interviewed any individual concerning the HEALTH CARE PROVIDER who you consulted or who INCIDENT? If so, for each individual state: examined or treated you; and (a) the name, ADDRESS, and telephone number of the ) the nature of the treatment and its duration. individual interviewed; 11.0 Other Claims and Previous Claims (b) the date of the interview; and (CQ 11.1 Except for this action, in the past 10 years have you (c) the name, ADDRESS, and telephone number of the filed an action or made a written claim or demand for PERSON who conducted the interview. compensation for your personal injuries? If so, for each 12.3 Have YOU OR ANYONE ACTING ON YOUR action, claim, or demand state: BEHALF obtained a written or recorded statement from any (a) the date, time, and place and location (closest street individual concerning the INCIDENT? If so, for each ADDRESS or intersection) of the INCIDENT giving rise statement state: