Declaration In SupportCal. Super. - 6th Dist.August 30, 2017I&athryn C. Icdaus, Esq. - SBN 205923 Rebecca D. Martino, Esq. - SBN 236094 CODDINGTON, HICKS inc DANFORTH A Professional Corporation, Lawyers 555 Twin Dolphin Drive, Suite 300 Redwood City, CA 94065-2133 Tel.: 650.592.5400 Fax: 6i50.592.5027 ATTORNEYS FOR Defendants CSAA Insutance Exchange and I&hanh Quoc Bui IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 10 11 12 13 14 15 17 DMITRY MAIZEL, Plaintiff, vs. I~ANH QUOC BUI, and DOES 1 - 10, Defendants. Case No. 17CV316966 DECLARATION OF REBECCA D. MARTINO IN SUPPORT OF DEFENDANT'S MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES, SET ONE PROPOUNDED TO PLAINTIFF Date: October 10, 2019 Time: 9;00 a.m. Dept: 19 Hon. Peter H. ICirwan 19 20 22 I, Rebecca D. Martino, hereby declare: 1. I am an attorney duly licensed to practice before all courts in the State of California, and am an Associate at Codtlington, Hicks dt Danforth, attorneys of record fot defendant Ikhanh Quoc Bui. I make this declaration from my own personal knowledge, and if called to do so, can arid would testify to each fact set forth herein. This declaration is 24 submitted in support of defendant's monon to compel responses from plaintiff Dmitr ~ iMa!ze! 25 ("plaintiff"') to defenclant's Form Interrogatories, Set One. The foilowing are facts within my 26 27 28 personal knowledge and, if called as a witness herein, I can and will competently testify thereto. 2. On December 5, 2018, my office served Form Interrogatories, Set One, on plaintiff. Plaintiffs responses to defendant's Form Interrogatories, Set One, was due on I Declaranon of Rebecca D. Marnno in Support of Mouon to Compel Form Interrogatores, Ser One Case No: 17CV316966 583616 Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/17/2019 12:05 PM Reviewed By: L. Quach-Marcellana Case #17CV316966 Envelope: 3139044 17CV316966 Santa Clara - Civil January 9, 2019. Attached hereto as Exhibit 1 is a ttue and correct copy of the Form Interrogatories, Set One served on plaintiff Maizcl. Or; January 29 20ln I se,.t "Ia'n..ff a letter reques"ng '.hat he "rovide responses to Form Interrogatories, Set One so that defendant does not have to move to compeL Attached hereto as Exhibit 2 is a true and correct copy of the January 29, 2019 letter. To this day, I have not receivecl responses to Form Interrogatories, Set One. 10 5.. I spent a total of 3 hours researching and pteparing defendant's motion to compel. My hourly rate Eor this matter is $ 180. I anticipate that it will take an additional 1.5 hours oE my time to prepare a Reply to plaintiffs opposition. A.iso, it will take about 1.5 hours to prepare for the hearing on the motion and travel from Coddington, Hicks & Danforth's Redwood City office to the Court in San Jose. Lastly, any appearance on said motion will take 12 about 30 minutes. The insurance carrier that has retained my office on behalf oE defendant will 13 14 have to incur a total of $ 1,170 (6.5 hours x $ 180). 15 16 I declare under penalty of perjury under the laws of the State of California, that the Eoregoing is ttue and correct. Executed this'ay ofJuly 2019, at Redwood City, CA 94065. 17 18 19l Iartino 21 22 24 26 27 28 2 Declaration of Rebecca D. Martmo in Sopport of Motion to Compel Form Interrogatores, Set One Case No: 17CV316966 583616 O'.QT-f TAT%'{Ti h ‘ r-tw r-4 pa t ATTORNEY OR PAnTY WITHOUT ATTORNEY (frame, Smie Ss urn! I s dsddfess(f Rebecca D. Martino, Bsq. - SBN 236094 coddington, Hicks 5 Danfort.h 555 Twin Dolphzn Drive, Suite 300 Redwood City, CA 94065 TELEPNONENO. (650) 592-5400 Faxda.(opfmnafif (650) 592 5027 3-MAIL ADDRESS (Ou sons(i. ATTDRNEYFDR(N I Defendants CSAA Insurance Exchange and Khanh Quoc Bu(. ~ SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SHORT TITLE OF CASE; Maizel v. Bui DISC-001 Asklftg Party: Answering Party Sst No FOR(yi INTERROGATOR(ES-GEIVERAL Defendantis CSAA Insuranre Bxrhange and Khanh Quoc BuiPlaintiff Dmitry Maizel CASE NUMBER 17CV3'I6966 Sec. 1. Instructions to Aff Parties (a) Interrogatories are written questions prepared by a party to an action that sre sent to any other party in ths action to be answered under oath. The interrogator:es below are form interrogatories approved tor use in civil cases. (b) For time limitations, requirements for service on other partiss, and other details, see Code of Civil Procedure sections 2030.010-2030.41 0 and the cases construing those sections. (c) These form interrogatories do not change ex(sting law relating to interrogatories nor do they affect an answering party's right to assert any privilege or make any objection. Ssc. 2. Instructions ta the Asking Party (a) These interrogatories are designed for optional use by parties in unlimited civil cases where the amount demanded excocds $25,000. Separate interrogatories, Form Interrogatories - Limi(sd ci v(( cases (Econcm(c Lfffgaiionj (form Disc-004), which have no subparts, are dssfgned for use in limited civil cases where the amount demanded is $25,000 or less; however, those interrogatories may also be used in unlimited civil cases. (b) Check the box next to sech interrogatory that you wani tns answering party to answer. Use care in choosing those interrogatorifes that are applicable to the ease. (c) You may insert yaur own definition of tNCIDENT in Section 4, but only where ths action arises from a course ot condo, o" E series af events occurring over a period oi ume. (d) Ths interrogatories in section 16.0, Defendant's Contentions-personal injury, sl'.auld not be used until the defendant has had a reasonable opportunfty to canduct an investigation or discovery oi plaintiff's injuries and damages. (s) Additfonal interrogatories may be attached. Sec. 3. Instructions to the Answering Party (a) An answer or other appropriate resDonse must be given to each interrogatory checked by the asking party. (b) As a general rule, within 30 days after you are served wilh these intsrrogalo les, you must serve your responses on the asKing party and serve copies of your responses or, all other parties to the action who have apoearea. See Code ol Cfvil Procedure sections 2030.260-2030.270 for det" ils. (DA FEI LI Sec. 4. Definitions Words in BOLDFACE CAPITALS in these interrogato iss are defined as follows: (a) (Check one of the (o((owing)I EI (!) INCIDENT includes the circumstances and events surrounaing the alleged accident, injury, or other occurrence or breacrf oi corftract gfv(ng rise to nns act(on, o, pf'cceedlng. I Before (c) Each answer must be as complete and straightfonuard as the information reasonably availabls to you, inciudfng ths information possessed by your attorneys or agents, permits. If an interrogatory cannot be answered completely, answer it to the extent possible. (d) If you do not have enough personal knowledge to fully answer an interrogatory, say so, but make a reasonable and good faith effort to get the information by asking other persons or organfzations, unless the information is equally availabls to the askmg party. (e) Whenever an interrogatory may be answered by referring to a document, the document may be attached as an exhibit to the response and referred to in the response. If the document has more than one page, refer to the page and section vuhere the answer to the interrogatory can be found. (I) Whenever an address and telephone number for the same person are requested in more than one interrogatory, you are required to furnish them in answering only the first interrogatoqf asking for that informetfon, (g) If you are asserting a pnvilege or making an objection to an interrogatory, you must speciffcally assert the privilege or siats lhe objection in your written response. (h) Your answers to these interrogatories must be venfied, dated, anci signed. You may wish to use the fallowing form at the snd of your answers: i dsc(arc under penalty or psffufy under the laws of the Stare c( Cakfornis fhs( fhs forego(ng answers are fn(s and correct FolmAppfmsdfofopa netIuo,, FORNI Inl(FRROGATORIES - GENERALJudidal undf of casfomd ~ r(4 Rwsntlsl Cods of a 'I o mourn, 22 2030 01 0 2030 410, 2033 21 0 ~ (2) INCIDENT means (insert your definition here or on s sepsrsfe, attached sheet labeled "Sec. 4(s)(2) "J: ib) YOU OR ANYONE ACTING ON YOUR BEHALF inciudes you, your agents, your employees, your insurance companies, their agents, their employees, your attorneys, your accountants, your investigators, and anyone else acting on your behalf. (c) PERSON includes a natural person,!irm, assoaation, organization, partnership, business, trust, limited liability company, corporation, or public entity, (d) DOCUMENT means a writing, as defined in Evidence Cods section 250, and includes the original or a copy of handwrtting, typewrtting, printing, photostats, photographs, electronically stored Information, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them, (e) HEALTH CARE PROVIDER includes any PERSON referred to in Code of Civil Procedure section 667.7(e)(3). (I) ADDRESS means the street address, including the city, state, and zip code. Oec. 5. Irtterrogstoriss The following interrogatories have been approved by the Judicial Council under Code of Civil Procedure section 2033,710: CONTENTS 1.0 Identity of Persons Answering These Interrogatories 2.0 General Background Information - Individual 3.0 Ger.eral Background Information - Business Entity 4.0 Insurance 5.0 (ReservedJ 8.0 Physical, Mental, or Emotional Injuries 7.0 Property Damage 8.0 Loss of Income or Earning Capamty 9.0 Other Damage 10,0 Medical Histoi)i 11.0 Other Claims and Previous Claims 12.0 Investigation - General i3.0 Investigation - Surveillance 14.0 S!a!uto,y o. Regulatory Vicldlons 15.0 Denials and Special or Affirmativ Defenses i6.0 Defendant's Contentioris Personal Injuiy 17.0 Responses to Request for Admissions 16.0 (Reservedi 19.0 (Reserved) 20.0 How the Incident Occurred ~ Motor Vehicle 25.0 (Reservedi 30.0 (ReservedJ 40.0 (Reserved] 50.0 Contract 60.0 (Resemedf 70.0 Unlawful Detamer (See separaie form DISC-003f 101.0 Economic L dgatfon (See separate form DISC-Oosi 200.0 Employment Law (See separate form DISC-002) Family Law (see separate form FL-145J DISC-00'I 1.0 Identity of Persons Answering These Interrogatories QLj 1.1 State the name, ADDRESS, telephone number, and relationship to you of each PERSON who prepared or assisted in the preparation of ths responses to these interrogatories. (Do nof idenlffy anyone who simply typed or reproduced the responses.) 2.0 General Background Information - individual~ 2.1 Stats; (a) your name, (bi every name you 'nave used in ths past; and (c) lhe dates you used each name. IXI 2.2 State the date and place of your birth. [Q 2.3 At ths time of the INCIDENT, did you have a driver' license? If so state: (a) the stats or other issuing entity; (b) ths license number snd type; (c) tile date of issuance; and (d) all restrictions. [Q 2.4 At the time of the INCIDENT, did you have any other permit or license for the operation of a motor vehicle? If so, state: (a) the state or other issuing entity; (b) the license number and type; (c) the date of issuance and (d) all restrictions. gg 2.5 State: (a) your present residence ADDRESS. (b) your residence ADDRESSES for the past five years; and (c) the dates you kved at each ADDRESS. ~ 2.6 State: (a) the name, ADDRFSS, and telephone niumber ot your present employer or place of self-employment, and (b) the name, ADDREss, dates of employment, job title, and nature of work for each employer or self-employment you have had from five years before the INCIDENT until today. QX 2.7 State: (a) the name and ADDRESS of each scnool or other academic or vocational institution Vou have attended, beginnir.g with high school; (bj the dates you attendeu, (cj iiw highesi grade levei vou nave completed; and (d) the degrees received. (E'er 2.8 Have you aver been convicted of a felkmy? Il so, fcr each conviction state: (a) the city and state where you were convicted; (b) tne date of conviction; (c) the offense; and (d) the court and case number. IZJ 2.9 Can you speak Ertglish with ease? If not, what language and dialect do you normauy use? Q3 2.10 Can you read and write English with sass? If!iot, tvi,et language snd dialect do you normally ev (a) (b) (c) (d) (e) ~ 33 (aj (b) (c) (d) ie) Are you a partnership? If so, state: the current partnership name; all other names used by ti;e partnership durir,g lhe psst 10 years and the da!es eact; was "sed; whether you are a limited partnership and, if so, under ti;e laws of what jurisdiction; the name and ADDRESS of each general parlner; and the ADDRESS of the principal place of business. Are you a limited liability company'? If so, slate: lhe name stated in lhs current articles of organization; ail other names used by the company during the pasl 10 years and the date each was used; the date and place of filing of the articles of organization; the ADDRESS of the principal place of business; and whether you are qualified to ao business in California. gg 2.11 At the time of the INCIDENT were you acting as an agent or empioyee for any PERSON'? It so, state: (a) the name, ADDRESS, and telephone number of that PERSON; and (b) a description of your duties. ()()I 2 12 At the time of the INCIDENT did you or any other persnn have any physical, emotional, or ments! di ability or condition that may have conlributed to the occur ence of the INCIDENT? If so, for each person late: (s} the name, ADDREss, and telephone number, (b) the nature of the disability or condition; and (c) the manner in which the disability or condition contributed to the occurrence of the INCIDENT. tttj 2,13 Within 24 hours before the INCIDENT did you or any person involved in the INCIDENT use or '.ake any of tho following substances: alcoholic beverage, marijuana, or other drug or medication of any kind (prescription or not)'? If so, for each person state: (a) the name, ADDRESS, and telephone number; (b) the nature or description of each substance; (c) the quantity of each substance useu or taken; (d) the date and time of day when each substance was used ortsken; (e) the ADDRESS where each substance was used or taken; (f) the name, ADDRESS, and telephone number of each person who was present when each substance was used ortaken; and (g) the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER who prescribed or furnished the substance and ths condition for which it was prescribed or furnished. 3.0 General Background Information - Business Entity~ 3.1 Are you a corporation? If so, stats: (a) ths name stated in the current articles of incorporation; (b) all other names used by the corporation during the past 10 years and ths dates each was used; (c) the date and place of incorporation; (d) the ADDRESS of the principal place of business; and (e) whether you are ouahfied to do business in California. DISC-001~ 3.4 Are you ajointvsnturs? If so, state: (a) the current loint venture name; (b) all other names used by the joint venture during the past 10 years and the dates each was used; (c) the name and ADDRESS of each joint venture, and (d) the ADDRESS of ths prinmpal place of business. („J 3.5 Are you an unincorporated association? If so, state: (a) the current unincorporcled association name; (h! sll other names used by the unincorporated association during the pas! 10 years and the dates each was used; and (c) the ADDRESS of the principal place of business. l, „: 3,6 Have you done business under a fictitious name dunng the past 10 years? If so, for each fictitious name state: (a) ths name; (b) the dates each was used; (c) the state and county of each fictitious name filing; and (d) ths ADDRESS of the principal place of business. &+ 3.7 Within ths past five years has any pubkc entity regis- tered or licensed your business? If so, for each license or registration: (a) identify the license or registration; (b) state ths name of the public entity; and (c) state the dates of issuance and expiration, 4.0 Insurance Qg 4.1 At the time of the INCIDENT, was there in ft an policy of insurance through which you were or might be msured in any manner (for example, pnmary, pro-rats, or excess liability coverage or medical expense coverage) for the damages, claims, or actions that have arisen out of the INClnENT? If so, for each policy tate: (a) the kind of coverage; (b) the name and ADDRESS of the insurance company; (c) the name, ADDREss, and telephone number of each named insured; (d) the policy number; (e) the limits of coverage for each type oi coverage con- tain d in the policy; (I) whether any reservation of nghts or controversy or "overage dispute exists between you and the insurance company; and (g) the name, ADDREsb, and telephone number of the cu todian of the policy.~ 4.2 Are you sell-insured under any statute for the damages, claims, or actions that have arisen out of the INCIDENT? If so, specify the statute. 5.0 ?lRsservsd) 6.0 physical, Mental, or Emotional Injuries (Q 6.1 Do you attribute any physical, mental, or emotional injuries to the INCIDENT'? (ll youransweris "no, " do nof 6'iswer lnmirogato i its 6 2 'hrough 0. 7). Lxk 6.2 Identify each injury you attribute to ths INclDENT and ffis area ui your oody afiecieo. DNG4si [Rev.Je wir 1,2wej Q$g j Esseritlel=, DIPorrns. FORM INTERROGATORIES - GENERAL CS?utt Insurance Group M 6.3 Do you still have any complaints that you attribute to the INCIDENT? lf so, for each complaint state: (a) a description; (b) whether the complaint is subsiding, remaining the same, or becoming worse; and (c) the frequency and duration. ~M 5.4 Did you receive any consultation or examination !except from expert witnesses covered by Code of Civii Procsduis sections 20342(0203431 0) or treatmenl from a HEALTH CARE PROVIDER for anv injury vou attnbute to the INCIDENT'? If so, for each HEALTH CARE PROVIDER stats: (a) the name, ADDRESS, and telephone number; (b) the type of consultation, examination, or treatment provided; (c) the dates you received consultation, examination, or treatment; and (d) tile charges to date. gg 6.5 Have you taken any medication, prescribed or not, as a result of injuries that you attribute to the INCIDENT? If so, for each medication state: (a} the name; (b) the PERSON who prescnbed or furnished it; (c) the date it was prescribed or furnished; (d) the dates you began and stopped taking it; and (e) the costto date. g) 6.6 Are there any other medical services necessitated by ths injuries that you attribute to the INCIDENT that were not previously fisted (for example, ambulance, nursing, prosthetics)'? If so, for each service state. (a) lhe nature; (b) the date; (c) the cosg and (d) the name, ADDFIESS, and telephone number of each provider. Qg 6.7 Has any IIEALTH CARE PROVIDER advised that you may require future or additional treatment for any injuries that you attribute to the INCIDENT'? If so, for each injury state: (a) the name and ADDRESS of each rlEALTH CARE PROVIDER; (b) the COmplaintS fOr WhiCh the treatment Waa adViSed; and (c) the nature, duration, and estimated cost of the lrsatmem. 7.0 Property Damage QQ) 7.1 Do you aaribute any loss of or damage to a vehicle or other property to the INCIDENT? If so, for each item of propsnR (a) describe the property; (b) descnbe the naiure and location or the damage to the propsnyi DISC.001 (c) state the amount of damage you are claiming for each item of property and how the amount was calculated; and (d) if the property was sold, state the name, ADDRESS, and telephone number of the seller, the date of sale, and the sale pnce. ~ 7.2 Has a wnt ten estimate or evaluation been made for any item of property referred to in your answer to ths preceding interrogatory'? It so, lor each estimate or evaluation state: (aj the name, ADDRESS, and telephone number ot tne PF RSON who preps ed il and!he date prepared, (b} the name, ADDRESS, and \eisphone number of each PERSON who has a copy of it; and (c) the amount of damage stated. Q'J 7.3 Has any item of propehy referred to in your answer to interrogatory 7.1 been repaired'? If so, for each item state: (a) ths date repaired; (b) a description of ths repaiq (c) the repair cost,'d) the name, ADDRESS, and telephone number of the PERSON who repaired it; (e) the name, ADDRESS, and telephone number of the PERSON who paid for the repair. 8.0 Loss of Income or Earning Capacity Q3 8.1 Do you attribute any loss of income or earning capacity to the INCIDENT? (Ifyour answer rs "no," do not answer infenogafories 8,2 through 8.8). (Zl 8.2 Stats: (a) the nature of your work; (b) your lob title at the time of the INCIDENT; and (c) the date your employment began. W 8.3 State the last date before the INCIDEI4T that you worked for compensation. [Q 8.4 stale your monthly income at the time of the INcIDEDIT and how the amount was calculated. (+ 8.5 State the date you returned to work at each place of employment following the INCIDENT. L7(xe B.B Siate the dateS ycu did nOt WOrk and far WhiCh yOu lOSt income as a result of the INCIDENT. [+ 8.7 state the total income you have!osl to dais as a resuit of the iNCIDENT and how the amount vras calculated. ~ 8.8 Will you lose income in the future as a result of the INCIDENT? If so, state: (a) the facts upon which you base this contention; (b) an estimate of ths amount; (o) an estimate of how iong you will be unabls to work; and (d) how the claim for future income is calculated, Disc-00i tse 0 tee i,2000i FORIN INTERROGATORIES - GENERAL 9 0 Other Damages 4g 9.1 Are there any other damages that you attribute to the INCIDENT? If so, for each item of damage stats: (a) the nature; (b) the date it occurred; (c) the amount; and (d) the name, ADDRESS, and telephone number of each PERSON to whom an obligation was incurred. L/. f 9.2 Do any DOCUivIEixiTS support the existence nr amount Of any item Of damageS Claimed in interrOgalOry 9.1?!f SC, describe each document and state the name, ADDRESS, and lelsphons number of the PERSON who hss each DOCUMENT. 10.0 Irtedlcat History QQ( 10.1 At any time before the INCIDENT did you have com- plaints or injuries that involved the same part of your body claimed to itave heart injured in ths INCIDENT'? ll so, tur each stats: (a) a descnption of ths complaint or injury; (b) the dates it began and ended; and (c) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER whom you consulted or who examined or treated you. KI 10.2 List all physical, mental, and emotional disabilities you had immediately before the INCIDENT. (You msy omit menral or emotional dissbililies unless you attribute any mental or emotional Injury lo the Nl CIDER T ) 10.3 At any time after the INCIDENT, did you sustain injuries of the kind for which you are now claiming damages? Ii so, for each incident giving rise to an injury state; (a) the date and the place it occurred; (b) the name, ADDRESS, and telephone number of any other PERSON involved; (c) the nature of any injuries you sustained; (d) tne name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER who you consulted or who examined or treated you; snd (e) ths nature of me treatment and its duration. 11.0Other Claims snd Previous Cialms Qg 11.1 Except for this action, in ths east 10 years have you filed an action or made a written claim or deme..d ro. compensation ior your personal infuriesv If so, for each sctron, claim. ordemand stats: (aj the date, time, and place and location (clusest street ADDRESS or intersection) of ths IivCIDENT giving rise to the action, claim, or demand; (b) the name, ADDRESS„and telephone number of each PERSON against whom the claim or demand was made or tile action filed; DISC 00" (c) ths court, names of the parsee, and case number of any action fried, (d) the name, ADDRESS, and telephone number of any attorney representing you; (s) whether the claim or action has been resolved or is pending; and (f) a description of the injury, ~ 11.2 In the past 10 years have you made a wntlsn claim or cemsna for workers'ompensation benefits? ir so, for each claim or demand state: (s) the date, time, and place of the INCIDENT giving rise to the claim; (b! the name, ADDRESS, snd telephone number of your employer at the time of the injury; {cl the name, ADDRESS, sno teiephone number oi tne workers'ompensation Insurer and the claim number; (d} the period of time during which you received worksrg compensatron bsnsnts; (e) a description oi ths injury; (f) the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER who provided services; snd (g) the case number at the Workers'ompensation Appeals Boar'd, 12.0 Investigation-General gg 12.1 State the name, ADDRESS, and telephone number of each individual: (a) who witnessed the INCIDENT or the events occumng immediately before or after the INCIDENT; (b) who made sny statement at the scene of the INCIDENT; (c) who heard any statements made about the INCIDENT by any individual at the scene; and (d) who YOU OR ANYONEACTING Otv YOURS HALF claim has knowledge of the INCIDENT (except for expert witnesses covered by Code of Civil Procedure section 2034) ~ 12.2 Have YOU OR ANYONE ACTING ON YOUR BEHALF interviewed any individual concerning the INCIDENT'? If so, for each ind'widual state: (a) ths name, ADDRESS, and telephone number of ths indiwdual interviewed; (b) the date of the interview; and {r:) the name, ADDRESS, snd telephone number of the PLRSON who conducted the interview. gg 12.3 Have YOU OR ANYONE ACTING ON YOUR SEHALF obtained a written or recorded statement from any individual concerning the INCIDENT'f if so, for each statement stale: (aj the name, ADDRESS, and telephone number of the indivrduai trorn wnom lhe statement wss obtained; (b) lhe name, ADDREss, snd telephone number of the individual who obtained the statement; (c) the date the statement wss obtained; and (d) the name, ADDRESS, and lelsphone number of each PERSON who has the original statement or a copy. else-oot [Rev. Jxmem r, mxet ~g' ~Alai mtmmm I jimgporme FORwl rNTERRQGAFORIES - GENERAL r CPZ, tDm ~ . n pmsevms (AT 12.4 Oo YOU OR ANYONE ACTING Otv YOUR BEI.IALF know of any photographs, films, or videotapes depicting an, place, object, or individual concerning ths INCIDENT or plaintiff's injuries? If so, stats: (a) ths number of photographs or feet of film or videotape; (b) the pisces, objects, or persons photographed, filmed, or videotaped; (c) ths date the photographs, films, or videotapes were taken; (d) the name, ADDRESS, and teiephone number of tns indlv!dual takrng ti;e photographs, flints, or videotapes; and (e) the name, ADDRESS, and tsiephons number of seen PERSON who has the original or a copy of the pholographs, films, or videotapes. ~x?, 12.5 Do YOU OR Ar!YOr?E ACTINC Okt YOUR BEHALF know of any diagram, reproduction, or model of any place or thing (except tor items developed by expert witnesses covered by Cods of Civil Procedure sections 2034.210- 2034.310) concerning the INCIDENT? If so, for each item stats: (a) the type (i,e., diagram, reproduction, or model), (b) the subject matter; and (c) the name, ADDRESS, and telephone number of each PERSON who has it. ~ 12.6 Was a report made by any PERSON concerning the INCIDENT? If so, state: (a) the name, title, identification number, and employer of the PERSON who made the report; (b) the date and type of report made; (c) the name, ADDRESS, and telephone number of the PERSON for whom the report was made; and (d) ti;s name, ADDRESS, and telephone numher of each PERSON who has the original or a copy of the reporL gg 12.7 Have YOU OR ANYONE ACTING ON YOUR BPHALF inspected the scene of the INCIDENT? If so, for each inspection state: (a) the name, ADDRESS, and telephone number of the inoividual making the inspection (except for expert witnesses covered by Code of Civil Procedure sections 2034.210-2034.310); anti (b) ths date cf the inspection. 13.0 Investigaticn-Surveillance Q3 13.1 Have YOU OR ANYONE ACTING ON YOUR BEHALF conducted surveillance of any individual involved in the INCIDENT or any party to this action'? If so, for each sur- veillance state: (a) the name, ADDRESS, and telephone number of the indkvldual or party; {b) the time, date, and place of the surveillance; (c) the name, ADDRESS, and telephone number of the individual who conducted ths surveillance; and (d) ths name, ADDRESS, and telephone number of each PERSON who has the original or a oopy of any surveillance ohotoaraoh. film. or videotape. LQ 13.2 Has a written report been prepared on the DISC-00', sunreillance? If so, for each written report state: (s) the title; (b) the date; (c) the name, ADDRESS, and telephone number of the individual who prepared ths report; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy, 14.0 Statutory or Regulatory Violations I x x 14.1 DO YOU OR ANYONE ACTING ON YOUR BEHALF contend that any PERSON involved in the INCIDENT violated any statute, ordinance, or requlation and that the vioiation was a legal (proximate) cause of the INCIDENT'? lf so, rdsntify ths name, ADDRESS, artd telephone number of each PERSON and the statute, ordinance, or regulation that was violated. (Z) 14.2 Was any PERSON cited or charged with a violation of any statute, ordinance, or regulation as s result of this INCIDENT? If so, for each PERSON state: (a) the name, ADDRESS, and telephone number of the PERSOixf; (b) the statute, ordinance, or regulation allegedly violated; (c) whether the PERSON entered a plea in responso to the citation or charge and, if so, the plea entered; and (d) the name and ADDRESS of the court or admrmstrativs agency, names of the parties, and case number. 15.0 Denials and Special or Affirmative Defenses~ 15.1 Identify sech den(al of a material allegation and each special or affirmative defense in your pleadings and for each: (a) state all facts upon which you base the denial or special or affirmative defense; (b) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and ,',c) iJsntify all DOCUiiliENTS and otlier tangible things that support your denial or special or affirmative defense, and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 16.0 DefendanPs Contentions-Personal Injury~ 16.1 Do you contend that any PERSON, other than you or plaintiff, contributed to the occurrence of the INCIDENT nr the mjuries or damages claimed by plafntrff? If so, for each PERSON: (a) State the name, ADDRESS, and telephane number Of the PERSON; (b) slate all lacts upon which you base your contention; (c} stats the names, ADDRESSES, and telephone number. of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing.~ 16,2 Do you contend that plaintiff was not injured in the IIYCIDENT'? If so.'a) state ail facts upon which you base your contention; (b) state the names, ADDRESSES, and telephrons numbers of a6 PERSONS wito have know.'edge o! the facts; and !ci identify aii DOCUMENTS and other t'gibls tlvngs that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing.ena ~ w&vcaonnxvnxxrx:o r ux Mxr DISC-QQ1~ 16.6 Do you contend that any of the costs of repairing the property damage claimed by plaintif in discovery proceedings thus far in this case were unreasonable? If so: (a) identify each cost item; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and fd)i identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thinq.~ 16.9 Do YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT (for example, insurance bureau index reportsj concerning claims for persorial injuries made before or after lhe INCIDENT by a plaintiff in this case'? ll so, for each plaintiff state: (a) the source of each DOCUMENT; (b) ths date eacn ciaim arose; (c) the nature of each claim; and (d) the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT.~ 16,10 Do YGU OR ANYONE ACTING ON YOUR BEHALF havo any DOCUMENT concerning the past or preseni physical, mental, or emotional condition of any plaintiff in this case from a HEALTH CARE PROVIDER not previously identified (except for expert witnesses covered by Code of Civil Procedure sections 2034.210-2034.310)? If so, for each plaintiff state: (a) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER; (b) a description of each DOCUMENT; and (c) ths name, ADDRESS, and telephone number of the PERSON who has each DOCUMIENT. 17.0 Responses to Request for Admissions (+ 17.1 Is your response to each request for admission served with these interrogatories an unqualified admission7 lt not, for each response that is not sn unqualified admission: (a) state the number of the request; (b) state all facts upon which you base your response; (c} state the names, ADDRESSES, and telephone numbers ot all PERSONS who have knowledge of those facts; and (d) ioeniify all DOCUMENTS and other tangiLle things that suppori yoi r response and state the name, ADDRESS, and telephone number of the PERSON who has each OOCUIVIENT or ihing. ;8.0 {Reserved) 19.0 ?Reserved) 20.0 How the Incident Occurred Motor Vehicle~ 20.1 State ths date, time, and place of the INCIDENT (closest street ADDRESS or intersection). IZ3 20.2 For each vehicle involved in the INCIDENT, state: (a) the year, make, model, and license number; (b) the name, ADDRESS, and telephone numbe. of the c river: PSS iS I Ji 16.3 Do you contend that the injuries or the extent of the injuries claimed by plaintiff as disclosed in discoveqi proceedings thus far in this case were not caused by ths INCIDENT'? If so, for each injury: (a) identify it; (b) state all facts upon which you base your contention; lc) state the names, ADDRESSES, and telephone numbers of all PERSONS who hsva knowledge of the facts; and (d) identify all DOCUMENTS and other tanoibie things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who hss each DOCUMENT or thing. (~ 16.4 Do you contend that any of the services furnished by any HEALTH CARE PRGVIDER claimed by plaintif in discovery proceedings thus far in this case were not due to the INCIDENT? If so: (a) identify each service, (b) state all facts upon wnich you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) Identify all DOCUMENTS and other tangible Ihings that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing.~ 16.5 Do you contend that any of the costs of services furnished by any HEALTH CARE PROVIDER claimed as damages by plaintiff in discovery proceedings thus far in this case were not necessary or unrsasonable7 If so: (a) identify each cost; (b) state all facts upon which you bass your contention; (c) state ths names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify aft DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUllilENT or thing.~ 16.6 Do you contend that any part of the loss of earnings or income claimed by plaintiff in discovery proceedfngs thus far in this case was unreasonable or was not caused by the INCIDENT'? If so; {a) idenbfy each part of the loss; (bj state all facts upon which you base your contention; (cj stats the names, ADDRESSES, ano tel,.phor,e numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and stats the name, ADDRESS, and telephone number ot the PERSON who has each DGCUiliiENT or thing.~ 16.7 Do you contend that any of the property damage claimed by plaintiff In discoveiy Proceedings thus far in this case was not caused by the INCIDENT'? If so: (a) identify caco item of property damage; (b) -tate ail facts upon ';hich you base your conten',ion; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the fa,s, and (d) idenbfy all DOCUMENTS and other tangible things that support your contention and state ihe name, ADDRESs, and teisphor)e number o( the PERSGN who has each DOCUMENT or thing. cia 00I IRW. Jssvsv 2, 20021 FGRr)il INTERROGATORIES - GENERAL (o) the name, ADDRESS, and telephone number of each occupant other then the driver: (d) the name, ADDRESS, and telephone number of each registered owner; {s) the name, ADDRESS, and telephone number of each lessee; (f) the name, ADDRESS, and telephone number of each owner other than ths registered owner or lien hclder; and (g) the name of eaoh owner who gave permission or consent to the driver to operate the vehicle. ~ 20,3 State the ADDRESS ansi location where your trip began and the ADDRESS and location of your destination. ES 20.4 Describe the route that you followed trom the beginning of your trip to the location of the INCIDENT, and state ths location of each stop, other than routine traffic stops, during the trip leading up to the INCIDENT; gg 20.5 State the name of the street or roadway, the lane of travel, and the direction of travel of each vehicle involved in the INCIDENT for ths 500 feet of travel before the INCIDENT. QQ 20.6 Did the INCIDENT occur at an intersection? If so, describe all traffic control devices, signals, or signs at the intersection, QL( 20.7 Was there a traffic signal famng you st the time of the INCIDENT7 If so, stats: (a) your location when you first saw it; (b) the color; (c) the number of seconds it had been that color; and (d) whether the color changed between the time you first saw it and the INCiDENT. ~~e 20.6 State how the INCIDENT occurred, giving the speed, direction, snd location of each vehicle involved: (a) just before the INCIDENT; (b) at the time of the INCIDENT; and (c) just after ths INCIDENT. KI 20.9 Do you have information that a malfunction or defect in a vehicle caused the INCIDEI(T? If so: !a) identffy the vehicle:, (b) identify each maifunction or defect; {c) state tl.e name, ADDRESS, and telephone mun;ber of each PERSON who is a witness to or has information about each malfunction or defect; and (d) state tl e name, ADDRESS, and telephone number of each PERSON who has custody of each defective part. Q3 20.10 Do you have informs!ion that any msitunction or defect in a vehicle contributed to the injudies sustained in the INCIDENT? If so: (a) identify the vehicle; (b) iosntlfr each n:alfunctio 0" s ect; (c) state the name, ADDRESS, and te!eph,.e, J mberof'achPERSON who Is a witness to or has information about each malfunctior, or dsfec!; and DISC Osi lnev. Jeheen 1, seeil FORM INTERROGAT i F14' EsssntMi W 50 (a) (b) (c) (d) (e) 1 For each agreement alleged in the pleadings: identify each DOCUMENT that is part of the agreement and for each state ihs name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT; state each part of the agreement not in wnting, the name, ADDRESS, and telephone number of each PERSON agreeing to that provision, and the date that part of the agreement was made; identify ag DOCUMENTS that evidence any part of Ihe agreement not in writing and for each state the name, ADDRESS, aitd telephone number of each PERSON who has the OOCUMENTI identify all DOCUMENTS that are part of any modification to the agreement, and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT; state each modification not in writing, the date, and the name, ADDRESS, and telephone number of each PERSON agreeing to the modification, and the date the modification was made; identify eli DOCUIIIIEiNTS that evios ios any modiTication of the agreemsnt not in writing and for each state the nemo, ADDRESS, and telephone number of each PERSON who has the DOCUMENT. 50.2 Was there a breach of any agreement alleged in the pleadings7 If so, for each breach describe and give the date of svenr am or omission that you claim i- ths breach of the agreement. ~~ 50.3 Was performance of any agreement alleged in tl e nleadings excused? If so, identify each agreement excused and slate why performance was sxc sed, 50.4 Was any agreement alleged in the pleadings terminated by mutual agreement, release, accord and satisfaction, or novation? If so, identify each agreement terminated, the date of termination, and lhe basis of the terminaiion. 50.5 Is any agreement alleged in the pleadings unenforce- abls l If so, Identify each unenforceable agreement and state why it is unenforceable. 50.6 Is any agreement alleged in the pleadings ambiguous? If so, identify each ambiguous agrsemsnt snd stats why it is ambiguous. 60 0 'Reserved/ ORIES - GENFRAL 1 ses ie DISC-00 i (d) state the name, ADDRESS, and telephone number of each PERSON who has custody of each defective part. (Q 20.11 State ths name, ADDRESS, and telephone number of each owner and each PERSON who has had possession since the INCIDENT of each vehicle involved in the INCIDENT. 25.0 (Fleserved) 30.0 [Reserved) 40.0(Reserved) 50.0 Contract EXI-'f IRTV'7HIBIT 2 CODD Ihl GIOIV HICKS 8 DA I" "0 RIH Rebecca D. Marlino rmarrinoOchdlawyerecom January 29, 2019 Dmitry Maizel 280 Los Palmos Way San Jose, CA 95119 Re: Maizel v. Bui Dear Mr. Maizeh On December 5, 2018, our office served you with special interrogatories, requests for production ot'documents and form interrogatories. Your responses were due on January 9, 2019, To date, we have not received said responses. Given the lack of responses, all objections have been waived by you. Please provide our of.ice with written discovery rcsponsr.s by Febn.ary 11, 2019 so that we car. avoid the necesawh of havmg to move to cotnpel. lf you have any question", piease do not hesitate to contact me. Very truly yoursr 'i~fjl!i t3 Rebecca D. Martino t/r KDM:kr www.chdlawyere.«em PROOF OF SERVICE California Code of Civil Procedure sections 1011, 1013, 1013a, 2015.5 California Rule of Court rule 2.251 Federal Rule of Civil Procedure Rule 5(b) I, the undersigiied, declare that I am employed in the County or" San Iviateo, State of California. I am over the age of eighteen l18) years and not a party to the within action. My 6 business address is 555 Twin Dolphin Drive, Suite 300, Redwood City, California 94065. My 7 electronic mail address is aprasad@chdlawyers.corn. I am readily fanuhar with my employer's business practice for collection and processing 9 of correspondence and documents for mailing with the United States Postal Service, mailing via 10 overnight delivery, transmission by facsimile machine, and delivery by hand. On July 17, 2019, I served a copy of each of the documents listed below by placing said 12 copies for processing as indicated herein. 13 14 DECLARATION OF REBECCA D. MARTINO IN SUPPORT OF DEFENDANT'S MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES, SET ONE PROPOUNDED TO PLAINTIFF 15 X 17 United States Mail:Tlie correspondence or documents were placed in sealed, labeled envelopes with postage thereon fully prepaid on the above date placed for collection and mailing at my place of business to be deposited with the U.S. Postal Service at Redwood City, California on this same date in the ordinary course of business. 18 19 I 20 '1 22 23 24 5„ 26 28 Overnight Delivery: The correspondence or documents were placed in sealed, labeled packaging for overnight delivery, with Federal Express, with all charges to be paid by my employer on the above date for cohecrion at my pl ice of bilsiiless to be deposited in a facility regularly maintained by the overnight delivery carrier, or delivered to a courier or driver authorized by the overnight delivery carrier to receive such packages, on this date in the ordinary course of business. Hand Delivery: The correspondence or documents were placed in sealed, labeled enve,'opes and served by personal delivery to the yarty or attorney indicated herein, or if upon attorney, by leaving the labeled envelopes with a receptionist or othet person having charge of the attorney's office. Facsimile Transmission: The correspondence or documents were placed for + .',' reed en~ cnn~ n a ~ r: r"ansm'ssion carom ~aJvi ~~~-~v«ai iieuwoou c,hy, ~ahfornia, and were transmitted to a facsimile mac".dne maintained bv the party or attorney to be served ai tile facsimile machine telephone number provided gb said party or attorney, on this same date in the ordinary course of business. ihe transmission was reported as complete and without error, and a record of the transmission was properly issued by the uaiitututtliig facsilllile nlaclune. Electronic Transmission: The cottespondence or documents were transmitted electronically to the electronic address set forth below. State. The recipient has filed and served notice that he or she accepts electronic service; the recipient has electronically filed a document with the court; and/or;he Court has mandated that the parties serve documents through its Court approved vendor. The printed form of this document bearing the original signature is on file and available for inspection at the request of the court or any party to the action or proceeding in which it is filed, in the manner provided in California Rule of j Court Rule 2.257(a). Federal. The recipient of this electronic service has consented to this method of service in writing a copv of which is on file ar d available for inspecdon in my employer's office. I have received no indication the electronic transmission did not reach the recipient. 8 PERSONS OR PARTIES SERVED; 9 In Pro Per 10 Dmitry Maizel 280 Los Palmos Way San Jose, CA 95119 12 13 Telephone: (415) 203-6210 Facsimile: E-mail: 15 I certify (or declare) under penalty of perjury under. the laws of the State of California that the foregoing is true and correct and that this declaration was executed on July 17, 2019. 17 19 Anita Prasad 20 21 22 Court: S~prttvr Cvnrt vfCaitfarnla, Santa Clara Caantr Action No: 1 7CV3 1 6966 Case Name; Maitrtv. Bai 24 25 26 27 28