DeclarationCal. Super. - 6th Dist.May 29, 201910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 19CV348924 Santa Clara - Civil . . _ Electronically Filed Nlck Helmhch (SBN 233232) by superior court of CALaw Offices 0f Nlcholas D. Helmllch County of Santa Clara, 5595 Winfield B1Vd., Suite 110 San Jose CA 95123 0n 1/13/2022 7:26 PM T61; (408) 457-9364 Reviewed By: M. Doming Fax: (408) 841-7630 Case #1 9CV348924 Eml: nick@nickheimlichlaw.com Envelope: 8058775 Attorneys for Defendant UNIQUIFY, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA THINH NGUYEN, an individual; Case N0. 19CV348924 Plaintiff, DECLARATION OF NICHOLAS D. vs. HEIMLICH IN SUPPORT OF MOTION TO COMPEL RESPONSES T0 FORM UNIQUIFY, INC., THERESA MAI; and INTERROGATORIES, SPECIAL DOES 1-25, inclusive, INTERROGATORIES, REQUEST FOR ADMISSIONS AND REQUEST FOR Defendants. PRODUCTION OF DOCUMENTS, SETS ONE, FROM PLAINTIFF THINH NGUYEN AND FOR MONETARY SANCTIONS FOR ATTORNEY’S FEES AND COSTS Hearing Date: 2022 Time: 9:00 am. Dept: 2 Hon. Drew Takaichi I, Nicholas D. Heimlich, declare as follows: 1. I am an attorney at law, and represent Defendant, UNIQUIFY, INC. (“Defendant”) in this action. Ihave personal knowledge 0f the matters set forth herein, and if called upon t0 testify, could and would testify competently thereto. Imake this Declaration in support of Defendant’s Motion to Compel Responses t0 Defendant’s Form Interrogatories, Special Interrogatories, Request for Admissions, and Request for Production 0f Documents, Sets One, and for monetary sanctions. 2. On April 9, 2020, 0n behalf 0f Plaintiff, I served Defendant With Form NICK HEIMLICH DECLARATION IN SUPPORT OF MOTION TO COMPEL RESPONSES FROM PLAINTIFF - 1/2 M. Dominguez Llez 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Interrogatories, Special Interrogatories, Request for Admissions, and Request for Production 0f Documents, Sets One. See Discovery Set as Exhibit A. 3. On June 2, 2020, well after the deadline t0 file responses, I sent a meet and confer letter t0 opposing counsel, asking if Defendant intended to serve responses. Defendant’s counsel responded 0n June 2, 2020 that they were working 0n them and would expect t0 have them completed by the following week. On June 19, 2020, Ireached out again t0 determine the status 0f the discovery responses and, t0 date, and have not received a response. My June 2, 2020, meet and confer email, Plaintiff’s counsel’s response, and my June 29, 2020 follow up email correspondence are attached hereto as Exhibit B. 4. These discovery requests concern key topics that are alleged as damages by Plaintiff. So, not having received any response nearly three months after the deadline t0 respond), Defendant files this motion t0 compel responses. 5. In preparing this motion, my office spent 7 hours. My normal billing rate is $325 per hour. Thus, we request monetary sanctions 0f $2,275.00 for legal fees, and an additional $60 for the motion filing fee. We request total monetary sanctions 0f $2,335. I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing is true and correct. Executed this 13th day 0f January, 2022. Nick Heimlich NICK HEIMLICH DECLARATION IN SUPPORT OF MOTION TO COMPEL RESPONSES FROM PLAINTIFF - 2/2 EXHIBIT A EXHIBIT A DISC-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address). Nick Heimlich (SBN 233232) _ Law Offices of Nicholas D. Heimlich 5595 Winfield Blvd, Suite 110 San Jose, CA 95123 TELEPHONE NO.: (408) 457-9364 FAX NO (Optional): (408) 841-7630 E-MAIL ADDRESS (Optional) nick@nickheimlichlaw.com ATTORNEY FOR (Name) Defendant, UNIQUIFY, INC. SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara Downtown Superior Court, Mailing Address: 191 N. First Street, San Jose, CA 95113 SHORT TITLE OF CASE: THINH NGUYEN V. UNIQUIFY, INC.et al. FORM INTERROGATORIES-GENERAL Asking Party: Defendant, UNIQUIFY, INC. Answering Party: Plaintiff, THINH NGUYEN Set No.: 1 CASE NUMBER 19CV348924 Sec. 1. Instructions to All Parties (a) Interrogatories are written questions prepared by a party to an action that are sent to any other party in the action to be answered under oath. The interrogatories below are form interrogatories approved for use in civil cases. (b) For time limitations, requirements for service on other parties, and other details, see Code of Civil Procedure sections 2030.010-2030.410 and the cases construing those sections. (c) These form interrogatories do not change existing law relating to interrogatories nor do they affect an answering party's right to assert any privilege or make any objection. Sec. 2. Instructions to the Asking Party (a) These interrogatories are designed for optional use by parties in unlimited civil cases where the amount demanded exceeds $25,000. Separate interrogatories, Form Interrogatories-Limited Civil Cases (Economic Litigation) (form DISC-004), which have no subparts, are designed 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 each interrogatory that you want the answering party to answer. Use care in choosing those interrogatories that are applicable to the case. (c) You may insert your own definition of INCIDENT in Section 4, but only where the action arises from a course of conduct or a series of events occurring over a period of time. (d) The interrogatories in section 16.0, Defendant's Contentions-Personal Injury, should not be used until the defendant has had a reasonable opportunity to conduct an investigation or discovery of plaintiffs injuries and damages. (e) Additional interrogatories may be attached. Sec. 3. Instructions to the Answering Party (a) An answer or other appropriate response must be given to each interrogatory checked by the asking party. (b) As a general rule, within 30 days after you are served with these interrogatories, you must serve your responses on the asking party and serve copies of your responses on all other parties to the action who have appeared. See Code of Civil Procedure sections 2030.260-2030.270 for details. (c) Each answer must be as complete and straightforward as the information reasonably available to you, including the 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 organizations, unless the information is equally available to the asking 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. lithe document has more than one page, refer to the page and section where the answer to the interrogatory can be found. (f) 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 interrogatory asking for that information. (g) If you are asserting a privilege or making an objection to an interrogatory, you must specifically assert the privilege or state the objection in your written response. (h) Your answers to these interrogatories must be verified, dated, and signed. You may wish to use the following form at the end of your answers: I declare under penalty of perjury under the laws of the State of California that the foregoing answers are true and correct. (DATE) (SIGNATURE) Sec. 4. Definitions Words in BOLDFACE CAPITALS in these interrogatories are defined as follows: (a) (Check one of the following): I (1) INCIDENT includes the circumstances and events surrounding the alleged accident, injury, or other occurrence or breach of contract giving rise to this action or proceeding. Page 1 of 8 Form Approved for Optional Use Judicial Council of California DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Code of Civil Procedure, §§ 2030.010-2030.410, 2033.710 www.courtinfo.ca.gov 0 (2) INCIDENT means (insert your definition here or on a separate, attached sheet labeled "Sec. 4(a)(2)"): (b) YOU OR ANYONE ACTING ON YOUR BEHALF includes 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, firm, association, organization, partnership, business, trust, limited liability company, corporation, or public entity. (d) DOCUMENT means a writing, as defined in Evidence Code section 250, and includes the original or a copy of handwriting, typewriting, 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). (f) ADDRESS means the street address, including the city, state, and zip code. Sec. 5. Interrogatories 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 General Background Information-Business Entity 4.0 Insurance 5.0 [Reserved] 6.0 Physical, Mental, or Emotional Injuries 7.0 Property Damage 8.0 Loss of Income or Earning Capacity 9.0 Other Damages 10.0 Medical History 11.0 Other Claims and Previous Claims 12.0 Investigation-General 13.0 Investigation-Surveillance 14.0 Statutory or Regulatory Violations 15.0 Denials and Special or Affirmative Defenses 16.0 Defendant's Contentions Personal Injury 17.0 Responses to Request for Admissions 18.0 [Reserved] 19.0 [Reserved] 20.0 How the Incident Occurred-Motor Vehicle 25.0 [Reserved] 30.0 [Reserved] 40.0 [Reserved] 50.0 Contract 60.0 [Reserved] 70.0 Unlawful Detainer [See separate form DISC-003] 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 1.0 Identity of Persons Answering These Interrogatories P1 1.1 State the name, ADDRESS, telephone number, and relationship to you of each PERSON who prepared or assisted in the preparation of the responses to these interrogatories. (Do not identify anyone who simply typed or reproduced the responses.) 2.0 General Background Information-individual 0 2.1 State: (a) your name; (b) every name you have used in the past; and (c) the dates you used each name. El 2.2 State the date and place of your birth. 0 2.3 At the time of the INCIDENT, did you have a driver's license? 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. 0 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. 0 2.5 State: (a) your present residence ADDRESS; (b) your residence ADDRESSES for the past five years; and (c) the dates you lived at each ADDRESS. 0 2.6 State: (a) the name, ADDRESS, and telephone number of 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. El 2.7 State: (a) the name and ADDRESS of each school or other academic or vocational institution you have attended, beginning with high school; (b) the dates you attended; (c) the highest grade level you have completed; and (d) the degrees received. 0 2.8 Have you ever been convicted of a felony? If so, for each conviction state: (a) the city and state where you were convicted; (b) the date of conviction; (c) the offense; and (d) the court and case number. El 2.9 Can you speak English with ease? If not, what language and dialect do you normally use? E 2.10 Can you read and write English with ease? If not, what language and dialect do you normally use? DISC-001 [Rev. January 1,20081 FORM INTERROGATORIES-GENERAL Page 2018 E 2.11 At the time of the INCIDENT were you acting as an agent or employee for any PERSON? If so, state: (a) the name, ADDRESS, and telephone number of that PERSON: and (b) a description of your duties. ELI 2.12 At the time of the INCIDENT did you or any other person have any physical, emotional, or mental disability or condition that may have contributed to the occurrence of the INCIDENT? If so, for each person state: (a) 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. El 2.13 Within 24 hours before the INCIDENT did you or any person involved in the INCIDENT use or take any of the 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 used or taken; (d) the date and time of day when each substance was used or taken; (e) the ADDRESS where each substance was used or taken; the name, ADDRESS, and telephone number of each person who was present when each substance was used or taken; and (g) the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER who prescribed or furnished the substance and the condition for which it was prescribed or furnished. 3.0 General Background Information-Business Entity E 3.1 Are you a corporation? If so, state: (a) the name stated in the current articles of incorporation; (b) all other names used by the corporation during the past 10 years and the 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 qualified to do business in California. n 3.2 Are you a partnership? If so, state: (a) the current partnership name; (b) all other names used by the partnership during the past 10 years and the dates each was used; (c) whether you are a limited partnership and, if so, under the laws of what jurisdiction; (d) the name and ADDRESS of each general partner; and (e) the ADDRESS of the principal place of business. ri 3.3 Are you a limited liability company? If so, state: (a) the name stated in the current articles of organization; (b) all other names used by the company during the past 10 years and the date each was used; (c) the date and place of filing of the articles of organization; (d) the ADDRESS of the principal place of business; and (e) whether you are qualified to do business in California. DISC-001 E] 3.4 Are you a joint venture? If so, state: (a) the current joint 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 venturer; and (d) the ADDRESS of the principal place of business. E 3.5 Are you an unincorporated association? If so, state: (a) the current unincorporated association name; (b) all other names used by the unincorporated association during the past 10 years and the dates each was used; and (c) the ADDRESS of the principal place of business. E 3.6 Have you done business under a fictitious name during the past 10 years? If so, for each fictitious name state: (a) the name; (b) the dates each was used; (c) the state and county of each fictitious name filing; and (d) the ADDRESS of the principal place of business. Ri 3.7 Within the past five years has any public entity regis- tered or licensed your business? If so, for each license or registration: (a) identify the license or registration; (b) state the name of the public entity; and (c) state the dates of issuance and expiration. 4.0 Insurance El 4.1 At the time of the INCIDENT, was there in effect any policy of insurance through which you were or might be insured in any manner (for example, primary, pro-rata, or excess liability coverage or medical expense coverage) for the damages, claims, or actions that have arisen out of the INCIDENT? If so, for each policy state: (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 of coverage con- tained in the policy; (f) whether any reservation of rights or controversy or coverage dispute exists between you and the insurance company; and (g) the name, ADDRESS, and telephone number of the custodian of the policy. E 4.2 Are you self-insured under any statute for the damages, claims, or actions that have arisen out of the INCIDENT? If so, specify the statute. 5.0 [Reserved] 6.0 Physical, Mental, or Emotional Injuries ri 6.1 Do you attribute any physical, mental, or emotional injuries to the INCIDENT? (If your answer is "no," do not answer interrogatories 6.2 through 6.7). Fl 6.2 Identify each injury you attribute to the INCIDENT and the area of your body affected. DISC-001 [Rev. January 1.2008] FORM INTERROGATORIES-GENERAL Page 3018 ri 6.3 Do you still have any complaints that you attribute to the INCIDENT? If 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. P1 6.4 Did you receive any consultation or examination (except from expert witnesses covered by Code of Civil Procedure sections 2034.210-2034.310) or treatment from a HEALTH CARE PROVIDER for any injury you attribute to the INCIDENT? If so, for each HEALTH CARE PROVIDER state: (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) the charges to date. n 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 prescribed or furnished it; (c) the date it was prescribed or furnished; (d) the dates you began and stopped taking it; and (e) the cost to date. n 6.6 Are there any other medical services necessitated by the injuries that you attribute to the INCIDENT that were not previously listed (for example, ambulance, nursing, prosthetics)? If so, for each service state: (a) the nature; (b) the date; (c) the cost; and (d) the name, ADDRESS, and telephone number of each provider. El 6.7 Has any HEALTH 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 HEALTH CARE PROVIDER; (b) the complaints for which the treatment was advised; and (c) the nature, duration, and estimated cost of the treatment. 7.0 Property Damage 7.1 Do you attribute any loss of or damage to a vehicle or other property to the INCIDENT? If so, for each item of property: (a) describe the property; (b) describe the nature and location of the damage to the property; 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 price. 7.2 Has a written estimate or evaluation been made for any item of property referred to in your answer to the preceding interrogatory? If so, for each estimate or evaluation state: (a) the name, ADDRESS, and telephone number of the PERSON who prepared it and the date prepared; (b) the name, ADDRESS, and telephone number of each PERSON who has a copy of it; and (c) the amount of damage stated. 7.3 Has any item of property referred to in your answer to interrogatory 7.1 been repaired? If so, for each item state: (a) the date repaired; (b) a description of the repair; (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 8.1 Do you attribute any loss of income or earning capacity to the INCIDENT? (If your answer is "no," do not answer interrogatories 8.2 through 8.8). 8.2 State: (a) the nature of your work; (b) your job title at the time of the INCIDENT; and (c) the date your employment began. 8.3 State the last date before the INCIDENT that you worked for compensation. 8.4 State your monthly income at the time of the INCIDENT and how the amount was calculated. 8.5 State the date you returned to work at each place of employment following the INCIDENT. 8.6 State the dates you did not work and for which you lost income as a result of the INCIDENT. 8.7 State the total income you have lost to date as a result of the INCIDENT and how the amount was 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 the amount; (c) an estimate of how long you will be unable to work; and (d) how the claim for future income is calculated. DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 4 of 8 9.0 Other Damages E 9.1 Are there any other damages that you attribute to the INCIDENT? If so, for each item of damage state: (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. El 9.2 Do any DOCUMENTS support the existence or amount of any item of damages claimed in interrogatory 9.1? If so, describe each document and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 10.0 Medical History pi 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 have been injured in the INCIDENT? If so, for each state: (a) a description of the 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. M 10.2 List all physical, mental, and emotional disabilities you had immediately before the INCIDENT. (You may omit mental or emotional disabilities unless you attribute any mental or emotional injury to the INCIDENT.) 0 10.3 At any time after the INCIDENT, did you sustain injuries of the kind for which you are now claiming damages? If 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) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER who you consulted or who examined or treated you; and (e) the nature of the treatment and its duration. 11.0 Other Claims and Previous Claims n 11.1 Except for this action, in the past 10 years have you filed an action or made a written claim or demand for compensation for your personal injuries? If so, for each action, claim, or demand state: (a) the date, time, and place and location (closest street ADDRESS or intersection) of the INCIDENT 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 the action filed; DISC-001 (c) the court, names of the parties, and case number of any action filed; (d) the name, ADDRESS, and telephone number of any attorney representing you; (e) whether the claim or action has been resolved or is pending; and (f) a description of the injury. LI 11.2 In the past 10 years have you made a written claim or demand for workers' compensation benefits? If so, for each claim or demand state: (a) the date, time, and place of the INCIDENT giving rise to the claim; (b) the name, ADDRESS, and telephone number of your employer at the time of the injury; (c) the name, ADDRESS, and telephone number of the workers' compensation insurer and the claim number; (d) the period of time during which you received workers' compensation benefits; (e) a description of the injury; (f) the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER who provided services; and (g) the case number at the Workers' Compensation Appeals Board. 12.0 Investigation-General E 12.1 State the name, ADDRESS, and telephone number of each individual: (a) who witnessed the INCIDENT or the events occurring immediately before or after the INCIDENT; (b) who made any 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 ANYONE ACTING ON YOUR BEHALF claim has knowledge of the INCIDENT (except for expert witnesses covered by Code of Civil Procedure section 2034). pi 12.2 Have YOU OR ANYONE ACTING ON YOUR BEHALF interviewed any individual concerning the INCIDENT? If so, for each individual state: (a) the name, ADDRESS, and telephone number of the individual interviewed; (b) the date of the interview; and (c) the name, ADDRESS, and telephone number of the PERSON who conducted the interview. 171 12.3 Have YOU OR ANYONE ACTING ON YOUR BEHALF obtained a written or recorded statement from any individual concerning the INCIDENT? If so, for each statement state: (a) the name, ADDRESS, and telephone number of the individual from whom the statement was obtained; (b) the name, ADDRESS, and telephone number of the individual who obtained the statement; (c) the date the statement was obtained; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original statement or a copy. DISC-001 [Rev. January 1, 20081 FORM INTERROGATORIES-GENERAL Page 5 of 8 E 12.4 Do YOU OR ANYONE ACTING ON YOUR BEHALF know of any photographs, films, or videotapes depicting any place, object, or individual concerning the INCIDENT or plaintiffs injuries? If so, state: (a) the number of photographs or feet of film or videotape; (b) the places, objects, or persons photographed, filmed, or videotaped; (c) the date the photographs, films, or videotapes were taken; (d) the name, ADDRESS, and telephone number of the individual taking the photographs, films, or videotapes; and (e) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of the photographs, films, or videotapes. E 12.5 Do YOU OR ANYONE ACTING ON YOUR BEHALF know of any diagram, reproduction, or model of any place or thing (except for items developed by expert witnesses covered by Code of Civil Procedure sections 2034.210- 2034.310) concerning the INCIDENT? If so, for each item state: (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. El 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) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of the report. E 12.7 Have YOU OR ANYONE ACTING ON YOUR BEHALF inspected the scene of the INCIDENT? If so, for each inspection state: (a) the name, ADDRESS, and telephone number of the individual making the inspection (except for expert witnesses covered by Code of Civil Procedure sections 2034.210-2034.310); and (b) the date of the inspection. 13.0 Investigation-Surveillance E 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 individual or party; (b) the time, date, and place of the surveillance; (c) the name, ADDRESS, and telephone number of the individual who conducted the surveillance; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of any surveillance photograph, film, or videotape. DISC-001 13.2 Has a written report been prepared on the surveillance? If so, for each written report state: (a) the title; (b) the date; (c) the name, ADDRESS, and telephone number of the individual who prepared the 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 ri 14.1 Do YOU OR ANYONE ACTING ON YOUR BEHALF contend that any PERSON involved in the INCIDENT violated any statute, ordinance, or regulation and that the violation was a legal (proximate) cause of the INCIDENT? If so, identify the name, ADDRESS, and telephone number of each PERSON and the statute, ordinance, or regulation that was violated. 0 14.2 Was any PERSON cited or charged with a violation of any statute, ordinance, or regulation as a result of this INCIDENT? If so, for each PERSON state: (a) the name, ADDRESS, and telephone number of the PERSON; (b) the statute, ordinance, or regulation allegedly violated; (c) whether the PERSON entered a plea in response to the citation or charge and, if so, the plea entered; and (d) the name and ADDRESS of the court or administrative agency, names of the parties, and case number. 15.0 Denials and Special or Affirmative Defenses Ti 15.1 Identify each denial 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) identify all DOCUMENTS and other 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 Defendant's Contentions-Personal Injury 16.1 Do you contend that any PERSON, other than you or plaintiff, contributed to the occurrence of the INCIDENT or the injuries or damages claimed by plaintiff? If so, for each PERSON: (a) state the name, ADDRESS, and telephone number of the PERSON; (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 (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 INCIDENT? If so: (a) state all facts upon which you base your contention; (b) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (c) 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. DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 6018 16.3 Do you contend that the injuries or the extent of the injuries claimed by plaintiff as disclosed in discovery proceedings thus far in this case were not caused by the INCIDENT? If so, for each injury: (a) identify it; (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 (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. 16.4 Do you contend that any of the services furnished by any HEALTH CARE PROVIDER claimed by plaintiff 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 which 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 things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. 7 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 unreasonable? If so: (a) identify each cost; (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 (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. in 16.6 Do you contend that any part of the loss of earnings or income claimed by plaintiff in discovery proceedings thus far in this case was unreasonable or was not caused by the INCIDENT? If so: (a) identify each part of the loss; (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 (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. 16.7 Do you contend that any of the property damage claimed by plaintiff in discovery Proceedings thus far in this case was not caused by the INCIDENT? If so: (a) identify each item of property damage; (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 (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. DISC-001 7 16.8 Do you contend that any of the costs of repairing the property damage claimed by plaintiff 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 (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. fl 16.9 Do YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT (for example, insurance bureau index reports) concerning claims for personal injuries made before or after the INCIDENT by a plaintiff in this case? If so, for each plaintiff state: (a) the source of each DOCUMENT; (b) the date each claim arose; (c) the nature of each claim; and (d) the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. n 16.10 Do YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT concerning the past or present 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) the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 17.0 Responses to Request for Admissions 7 17.1 Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an 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 of all PERSONS who have knowledge of those facts; and (d) identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. 18.0 [Reserved] 19.0 [Reserved] 20.0 How the Incident Occurred-Motor Vehicle ri 20.1 State the date, time, and place of the INCIDENT (closest street ADDRESS or intersection). 7 20.2 For each vehicle involved in the INCIDENT, state: (a) the year, make, model, and license number; (b) the name, ADDRESS, and telephone number of the driver; DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 7 of 8 0 20.10 Do you have information that any malfunction or defect in a vehicle contributed to the injuries sustained in the INCIDENT? If so: (a) identify the vehicle; (b) identify each malfunction or defect; (c) state the name, ADDRESS, and telephone number of each PERSON who is a witness to or has information about each malfunction or defect; and DISC-001 [Rev. January 1, 2008] 50.5 Is any agreement alleged in the pleadings unenforce- able? 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 agreement and state why it is ambiguous. wk 14-40114414, FORM INTERROGATORIES-GENERAL 60.0 [Reserved] Page 8 of 8 (c) the name, ADDRESS, and telephone number of each occupant other than the driver; (d) the name, ADDRESS, and telephone number of each registered owner; (e) the name, ADDRESS, and telephone number of each lessee; (f) the name, ADDRESS, and telephone number of each owner other than the registered owner or lien holder; and (g) the name of each owner who gave permission or consent to the driver to operate the vehicle. 7 20.3 State the ADDRESS and location where your trip began and the ADDRESS and location of your destination. 0 20.4 Describe the route that you followed from the beginning of your trip to the location of the INCIDENT, and state the location of each stop, other than routine traffic stops, during the trip leading up to the INCIDENT. Ti 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 the 500 feet of travel before the INCIDENT. 0 20.6 Did the INCIDENT occur at an intersection? If so, describe all traffic control devices, signals, or signs at the intersection. 0 20.7 Was there a traffic signal facing you at the time of the INCIDENT? If so, state: (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. Ti 20.8 State how the INCIDENT occurred, giving the speed, direction, and location of each vehicle involved: (a) just before the INCIDENT; (b) at the time of the INCIDENT; and (c) just after the INCIDENT. Ti 20.9 Do you have information that a malfunction or defect in a vehicle caused the INCIDENT? If so: (a) identify the vehicle; (b) identify each malfunction or defect; (c) state the name, ADDRESS, and telephone number of each PERSON who is a witness to or has information about each malfunction or defect; and (d) state the name, ADDRESS, and telephone number of each PERSON who has custody of each defective part. DISC-001 (d) state the name, ADDRESS, and telephone number of each PERSON who has custody of each defective part. Ti 20.11 State the 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. 0 [Reserved] 0 [Reserved] 0 [Reserved] 0 Contract 50.1 For each agreement alleged in the pleadings: (a) identify each DOCUMENT that is part of the agreement and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT; (b) state each part of the agreement not in writing, the name, ADDRESS, and telephone number of each PERSON agreeing to that provision, and the date that part of the agreement was made; (c) identify all DOCUMENTS that evidence any part of the agreement not in writing and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT; (d) 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; (e) 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; (f) identify all DOCUMENTS that evidence any modification of the agreement not in writing and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT. 50.2 Was there a breach of any agreement alleged in the pleadings? If so, for each breach describe and give the date of every act or omission that you claim is the breach of the agreement. 50.3 Was performance of any agreement alleged in the pleadings excused? If so, identify each agreement excused and state why performance was excused. 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 the basis of the termination. 25. 30. 40. 50. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Nick Heimlich (SBN 233232) Law Offices 0f Nicholas D. Heimlich 5595 Winfield Blvd. Suite 110 San Jose, California 95123 Tel: (408) 457-9364 Fax: (408) 841-7630 Email: nick@nickheimlichlaw.com Attorneys for Defendant UNIQUIFY, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA THE COUNTY OF SANTA CLARA THINH NGUYEN, an individual; CASE NO.: 19CV348924 Plaintiff, DEFENDANT UNIQUIFY, INC’S vs. DECLARATION FOR ADDITIONAL DISCOVERY UNIQUIFY, INC., THERESA MAI; and DOES 1-25, inclusive, Defendants. DECLARATION FOR ADDITIONAL DISCOVERY I, Nick Heimlich, declare that: 1. I am an attorney at law duly licensed to practice before all courts in the State 0f California and am attorney 0f record for Defendant UNIQUIFY, INC. 2. I am propounding t0 Plaintiff this first set of specially prepared interrogatories, Which will cause the total number of specially prepared interrogatories propounded to Plaintiff to exceed the number of specially prepared interrogatories permitted by Code 0f Civil Procedure §2030.030. 3. This set contains a total of 50 interrogatories, and brings the total number of specially prepared interrogatories t0 50. 4. I am familiar With the issues and the previous discovery conducted by all 0f the parties in this case. DECLARATION FOR ADDITIONAL DISCOVERY 1 / 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 5. This number 0f questions is warranted under Code 0f Civil Procedure §2030.040 on several grounds. Many of the answers will require Plaintiff t0 consult his records, so using interrogatories Will give him the necessary time to locate the required information. Obtaining written answers to the questions will narrow the focus of Plaintiff’s deposition, thus reducing the financial burden 0n Defendants, and ultimately the financial burden on Plaintiff as well. Using interrogatories Will make other discovery more focused by narrowing issues. Using interrogatories is expedient. 6. None 0f the questions in this set 0f interrogatories is being propounded for any improper purpose, such as to harass the party, 0r the attorney for the party, t0 whom it is directed, or t0 cause unnecessary delay or needless increase in the cost 0f litigation. I declare under penalty of perjury under the laws of the State 0f California that the foregoing is true and correct, and that this declaration was executed by me 0n April 9, 2020, at Nicholas D. Heimlich San Jose, California. DECLARATION FOR ADDITIONAL DISCOVERY 2 / 2 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Nick Heimlich (SBN 233232) Law Offices 0f Nicholas D. Heimlich 5595 Winfield Blvd. Suite 110 San Jose, California 95123 Tel: (408) 457-9364 Fax: (408) 841-7630 Email: nick@nickheimlichlaw.com Attorneys for Defendant UNIQUIFY, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA THE COUNTY OF SANTA CLARA THINH NGUYEN, an individual; CASE NO.: 19CV348924 Plaintiff, DEFENDANT UNIQUIFY, INC’S vs. REQUEST FOR ADMISSIONS, SET ONE, TO PLAINTIFF THINH UNIQUIFY, INC., THERESA MAI; and NGUYEN DOES 1-25, inclusive, Defendants. PROPOUNDING PARTIES: UNIQUIFY, INC., Defendant RESPONDING PARTY: THINH NGUYEN, Plaintiff SET NUMBER: ONE REQUESTS FOR ADMISSION RE EST NO. 1. Admit that you, personally, loaned only $10,000 t0 Defendant Uniquify. RESQEST NO. 2. Admit that Defendant Uniquify Wired you $6,000 on August 18, 2017. RESQEST NO. 3. Admit that Defendant Uniquify Wired you $6,000 on December 5, 2017. RES [EST NO. 4. Admit that Defendant Uniquify Wired you $6,000 on February 15, 2018. DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, TO PLAINTIFF l / 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESQEST NO. 5. Admit that Defendant Uniquify wired you $ 1 ,500 on March 15, 2018. RES QEST NO. 6. Admit that Defendant Theresa Mai sent you $1,000 through Venmo 0n November 16, 2018. RESQEST NO. 7. Admit that Defendant Theresa Mai sent you $1,000 through Venmo on November 19, 2018. RES QEST NO. 8. Admit that you executed a Release 0f Loan Agreement for the Short Term Loan Agreement dated March 16, 2017. RESQEST NO. 9. Admit that on March 3, 2018, Defendant Theresa Mai paid your brother, Tien Q. Nguyen, $10,000 in cash toward repayment 0f the loan. REOEST NO. 10. Admit that on March 21, 2018, Defendant Theresa Mai paid you $10,000 in cash toward repayment 0f the loan. REQEST NO. 11. Admit that your mother, Mai N. Du, has received $40,000 in cash toward repayment of the loan. REQEST NO. 12. Admit that after Plaintiff’s initial loan t0 Defendant Uniquify, no loan documents were signed by Defendant Uniquify. REQEST NO. 13. Admit that Defendant Uniquify has paid Plaintiff interest payments for the Short Term Loan Agreement dated March 16, 2017 totaling $19,500.. REOEST NO. 14. Admit that you signed a Release 0f Loan Interest related t0 a cash payment of $2,500. REQEST NO. 15. DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, TO PLAINTIFF 2 / 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Admit that you have engaged in illegal marijuana cultivation and sale. REQEST NO. 16. Admit that you have engaged in money laundering. REQEST NO. 17. Admit that you have engaged in illegal sex trafficking. REQEST NO. 18. Admit that your brother, Tien Q. Nguyen, fathered a child With Theresa Mai. REQEST NO. 19. Admit that your brother, Tien Q. Nguyen, raped Defendant Theresa Mai While she was in labor with your nephew 0n June 22, 2018. REOEST NO. 20. Admit that Defendant Theresa Mai has two active restraining orders against your brother, Tien Q. Nguyen, and, by association, against you and your other immediate family members. REOEST NO. 21. Admit that this lawsuit was served on Defendant, Theresa Mai, 0n your nephew’s birthday 0n June 22, 2019. REQEST NO. 22. Admit that Defendant Theresa Mai has paid Plaintiff proportional interest payments for the Secured Promissory Note, unsigned and tentatively dated May 05, 201 8 totaling $4,500. Dated: April 9, 2020 Respectfully submitted, Nick Heimlich (SBN 233232) Attorney for Defendant UNIQUIFY, INC. DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, TO PLAINTIFF 3 / 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Nick Heimlich (SBN 233232) Law Offices 0f Nicholas D. Heimlich 5595 Winfield Blvd. Suite 110 San Jose, California 95123 Tel: (408) 457-9364 Fax: (408) 841-7630 Email: nick@nickheimlichlaw.com Attorneys for Defendant UNIQUIFY, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA THE COUNTY OF SANTA CLARA THINH NGUYEN, an individual; CASE NO.: 19CV348924 Plaintiff, DEFENDANT UNIQUIFY, INC’S vs. REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, TO UNIQUIFY, INC., THERESA MAI; and PLAINTIFF THINH NGUYEN DOES 1-25, inclusive, Defendants. PROPOUNDING PARTIES: UNIQUIFY, INC., Defendant RESPONDING PARTY: THINH NGUYEN, Plaintiff SET NUMBER: ONE TO PLAINTIFF THINH NGUYEN AND ITS ATTORNEY OF RECORD: Pursuant to California Code of Civil Procedure §§2031.010 et. seq., Defendant UNIQUIFY, INC. requests that Plaintiff THINH NGUYEN produce for inspection and copying the documents and tangible things described below Via Email or a USB Drive delivered to Nick Heimlich on or before May 20, 2020, located at 5595 Winfield Blvd, Suite 110, San Jose, California 95 123, 0r such other location as counsel for the parties may agree. DEFINITIONS The following definitions and instructions apply throughout this demand for identification and production, unless the context clearly indicates otherwise: A. The terms “DOCUMENT” or “DOCUMENTS” mean and include any and all DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, TO PLAINTIFF l / 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 documents, tangible things, and all writings 0f any kind, 0r as defined in Evidence Code §250, including without limitation, the originals and all non-identical copies, whether different from the originals by reason 0f any notation made on such copies or otherwise, and includes, Without limitation, agreements, purchase orders, invoices, receipts, accounting records, contracts, bills 0f lading, shipping records, correspondence, memoranda, notes, diaries, statistics, letters, telegrams, teleX, faxes, minutes, contracts, reports, studies, statements, summaries, interoffice and intra- office communications, notations of any sort of conversations, telephone calls, meetings or other communications, computer printouts, tape recordings, audiotapes, Videotapes, charts, graphs, and electronic, mechanical 0r electronic records, compact discs, computer discs, computer tapes, computer software, electronically stored media, and any other form of stored information. DOCUMENTS include emails and text messages. B. The phrase “RELATE OR RELATING TO” shall be construed in the broadest sense and means including, concerning, alluding to, responding to, connected with, supporting, commenting 0n, With respect to, about, regarding, discussing, involving, showing, describing, reflecting, analyzing, evidencing 0r comprising. C. “YOU” and “YOUR” and “Plaintiff” shall refer t0 and mean Plaintiff THINH NGUYEN. D. “Defendant” shall refer to and mean Defendant UNIQUIFY, INC. REQUEST FOR PRODUCTION NO. 1.: A11 DOCUMENTS that RELATE TO the allegation that “Under the Agreements, Uniquify borrowed $100,000 payable with interest at a rate of 10% per annum” as set forth in Paragraph 6 0fYOUR Complaint. REQUEST FOR PRODUCTION NO.2.: A11 DOCUMENTS that RELATE TO the allegation that “The Secured Promissory Note is secured With the assets of the company and provided plaintiff with 15, 000 shares Uniquify Common Stock” as set forth in Paragraph 6 0fYOUR Complaint. /// REQUEST FOR PRODUCTION NO.3.: DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, TO PLAINTIFF 2 / 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A11 DOCUMENTS that RELATE TO the allegation that “Plaintiff had a total 0f $100,000 wired to Uniquify’s account at AVidBa ” as set forth in Paragraph 7 0f YOUR Complaint. REQUEST FOR PRODUCTION NO.4.: A11 DOCUMENTS that RELATE TO the allegation that “After Uniquify made a partial payment 0f $10,000, in March 14, 2017, the amount was returned to Theresa Mai, at her request, to continue the loan With Uniquify” as set forth in Paragraph 7 ofYOUR Complaint. REQUEST FOR PRODUCTION NO.5.: A11 DOCUMENTS that RELATE TO the allegation that “Uniquify was negligent and did not control Theresa Mai’s access t0 cash” as set forth in Paragraph 9 ofYOUR Complaint. REQUEST FOR PRODUCTION NO.6.: A11 DOCUMENTS that RELATE TO the allegation that “Uniquify release t0 Theresa Mai $50,000 t0 pay off the Short Term Loan Agreement” as set forth in Paragraph 9 0fYOUR Complaint. REQUEST FOR PRODUCTION NO.7.: A11 DOCUMENTS that RELATE TO the allegation that “Theresa Mai only paid down $10,000 Which was returned such that the Short Term Loan Agreement was not paid” as set forth in Paragraph 9 ofYOUR Complaint. REQUEST FOR PRODUCTION NO.8.: A11 DOCUMENTS that RELATE TO the allegation that “No interest payments have been made on the Secured Promissory Note” as set forth in Paragraph 9 ofYOUR Complaint. REQUEST FOR PRODUCTION NO.9.: A11 DOCUMENTS that RELATE TO the allegation that “the 15,000 common stock shares in Uniquify has not been delivered to plaintiff” as set forth in Paragraph 9 ofYOUR Complaint. REQUEST FOR PRODUCTION NO. 10.: A11 DOCUMENTS that RELATE TO the allegation that “the Agreements are in default” as set forth in Paragraph 9 0fYOUR Complaint. DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, TO PLAINTIFF 3 / 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 REQUEST FOR PRODUCTION NO. 1 1 .: A11 DOCUMENTS that RELATE TO the allegation that “Theresa Mai kept the $50,000 and did not return it t0 Uniquify” as set forth in Paragraph 10 ofYOUR Complaint. REQUEST FOR PRODUCTION NO. 12.: A11 DOCUMENTS that RELATE TO the allegation that “The basis 0f this belief is Theresa Mai made purchases inconsistent With her standard 0f living” as set forth in Paragraph 10 0fYOUR Complaint. REQUEST FOR PRODUCTION NO. 13.: A11 DOCUMENTS that RELATE TO the allegation that “It could also be that the second loan of $50,000 was used by Theresa Mai to cover her receipt of the first $50,000 in a ponzi scheme fashion” as set forth in Paragraph 10 0fYOUR Complaint. REQUEST FOR PRODUCTION NO. 14.: A11 DOCUMENTS that RELATE TO the allegation that “Uniquify has refused t0 cooperate in resolving What happened reflecting they knew what was happening and aided and abetted the fraud” as set forth in Paragraph 10 0fYOUR Complaint. REQUEST FOR PRODUCTION NO.15.: A11 DOCUMENTS that RELATE TO the allegation that “Uniquify has not paid back the Agreements to plaintiff” as set forth in Paragraph 10 0fYOUR Complaint. REQUEST FOR PRODUCTION NO. 16.: A11 DOCUMENTS that RELATE TO the allegation that “There is now due and owing the sum of $100,000 owed to plaintiff and 15,000 shares of Uniquify common stock are owed to plaintiff” as set forth in Paragraph 11 0fYOUR Complaint. REQUEST FOR PRODUCTION NO. 17.: A11 DOCUMENTS that RELATE TO the allegation that “On or about March 16, 2017 Theresa Mai represented t0 plaintiff that he (sic) was lending money t0 Uniquify and the Secured Promissory Note was secured by the assets 0f the company” as set forth in Paragraph 27 of YOUR Complaint. REQUEST FOR PRODUCTION NO. 1 8.: DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, TO PLAINTIFF 4 / 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A11 DOCUMENTS that RELATE TO the allegation that “In reliance of Theresa Mai’s representations the money for the loans were wired t0 Uniquify” as set forth in Paragraph 27 of YOUR Complaint. REQUEST FOR PRODUCTION NO. 19.: A11 DOCUMENTS that RELATE TO the allegation that “Theresa Mai borrowed money from plaintiff through her employer in a sham transaction Without any intent for Uniquify t0 repay” as set forth in Paragraph 28 ofYOUR Complaint. REQUEST FOR PRODUCTION NO.20.: A11 DOCUMENTS that RELATE TO the allegation that “Theresa Mai was either paid the plaintiffs money 0r given access t0 money for repayment but kept the money herself” as set forth in Paragraph 29 ofYOUR Complaint. REQUEST FOR PRODUCTION NO.2 1 .: A11 DOCUMENTS that RELATE TO the allegation that “Uniquify did not take any reasonable actions to control the repayment of the funds” as set forth in Paragraph 29 0fYOUR Complaint. REQUEST FOR PRODUCTION NO.22.: A11 DOCUMENTS that RELATE TO the allegation that “Uniquify was advised they owed the money and the loans had not been repaid to plaintiff” as set forth in Paragraph 30 of YOUR Complaint. REQUEST FOR PRODUCTION NO.23.: A11 DOCUMENTS that RELATE TO the allegation that “Uniquify brushed off the claim as a family matter” as set forth in Paragraph 30 0fYOUR Complaint. REQUEST FOR PRODUCTION NO.24.: A11 DOCUMENTS that RELATE TO the allegation that “Theresa Mai is not a family member of plaintiff” as set forth in Paragraph 30 ofYOUR Complaint. REQUEST FOR PRODUCTION NO.25.: A11 DOCUMENTS that RELATE TO the allegation that “Uniquify took n0 action to determine they in fact received the money and had not repaid the loans t0 plaintiff” as set forth in DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, TO PLAINTIFF 5 / 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Paragraph 30 0fYOUR Complaint. REQUEST FOR PRODUCTION NO.26.: A11 DOCUMENTS that RELATE TO the allegation that “Theresa Mai’s conduct was authorized and ratified by R A Sheffield, the Chief Financial Officer of Uniquify and allowed Theresa Mai t0 induce plaintiff to lend the company money Without any intention of repayment” as set forth in Paragraph 31 0fYOUR Complaint. REQUEST FOR PRODUCTION NO.27.: A11 DOCUMENTS that RELATE TO the allegation that “Uniquify aided and abetted Theresa Mai’s fraud” as set forth in Paragraph 31 0fYOUR Complaint. REQUEST FOR PRODUCTION NO.28.: A11 DOCUMENTS that RELATE TO the allegation that “Defendant’s conduct was fraudulent, malicious, and oppressive against plaintiff and justifies an award 0f punitive damages” as set forth in Paragraph 33 0fYOUR Complaint. REQUEST FOR PRODUCTION NO.29.: A11 DOCUMENTS that RELATE TO 0r support YOUR claim 0f damages. Dated: April 9, 2020 Respectfully submitted, Nick Heimlich (SBN 233232) Attorney for Defendant UNIQUIFY, INC. DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, TO PLAINTIFF 6 / 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Nick Heimlich (SBN 233232) Law Offices 0f Nicholas D. Heimlich 5595 Winfield Blvd. Suite 110 San Jose, California 95123 Tel: (408) 457-9364 Fax: (408) 841-7630 Email: nick@nickheimlichlaw.com Attorneys for Defendant UNIQUIFY, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA THE COUNTY OF SANTA CLARA THINH NGUYEN, an individual; CASE NO.: 19CV348924 Plaintiff, DEFENDANT UNIQUIFY, INC’S vs. SPECIAL INTERROGATORIES, SET ONE, TO PLAINTIFF THINH UNIQUIFY, INC., THERESA MAI; and NGUYEN DOES 1-25, inclusive, Defendants. PROPOUNDING PARTIES: UNIQUIFY, INC., Defendant RESPONDING PARTY: THINH NGUYEN, Plaintiff SET NUMBER: ONE Pursuant t0 Section 2030.010 et. seq. 0f the California Code 0f Civil Procedure, Defendant UNIQUIFY, INC demands that Plaintiff THINH NGUYEN answer the following interrogatories Within thirty days of service hereof. SPECIAL INTERROGATORIES SPECIAL INTERROGATORY NO. 1.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “Under the Agreements, Uniquify borrowed $100,000 payable with interest at a rate of 10% per annum” as set forth in Paragraph 6 0fYOUR Complaint. DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, TO PLAINTIFF l / 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SPECIAL INTERROGATORY NO. 2.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “The Secured Promissory Note is secured With the assets of the company and provided plaintiff with 15, 000 shares Uniquify Common Stock” as set forth in Paragraph 6 ofYOUR Complaint. SPECIAL INTERROGATORY NO. 3.: Identify all persons with firsthand knowledge of the facts set forth in Paragraph 6 of YOUR Complaint. For the purposes 0f this Interrogatory, “identify” means t0 supply the person’s name, address, and telephone number. SPECIAL INTERROGATORY NO. 4.: Identify all documents that refer t0 the allegations set forth in Paragraph 6 0f YOUR Complaint. SPECIAL INTERROGATORY NO. 5.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “Plaintiffhad a total 0f $100,000 Wired t0 Uniquify’s account at AVidBank” as set forth in Paragraph 7 0fYOUR Complaint. SPECIAL INTERROGATORY NO. 6.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “After Uniquify made a partial payment 0f $10,000, in March 14, 2017, the amount was returned t0 Theresa Mai, at her request, t0 continue the loan with Uniquify” as set forth in Paragraph 7 0fYOUR Complaint. SPECIAL INTERROGATORY NO. 7.: Identify all persons With firsthand knowledge 0f the facts set forth in Paragraph 7 0f YOUR Complaint. For the purposes 0f this Interrogatory, “identify” means t0 supply the person’s name, address, and telephone number. SPECIAL INTERROGATORY NO. 8.: Identify all documents that refer t0 the allegations set forth in Paragraph 7 0f YOUR Complaint. DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, TO PLAINTIFF 2 / 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SPECIAL INTERROGATORY NO. 9.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “Uniquify was negligent and did not control Theresa Mai’s access t0 cash” as set forth in Paragraph 9 ofYOUR Complaint. SPECIAL INTERROGATORY NO. 10.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “Uniquify release to Theresa Mai $50,000 to pay off the Short Term Loan Agreement” as set forth in Paragraph 9 0fYOUR Complaint. SPECIAL INTERROGATORY NO. 11.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “Theresa Mai only paid down $10,000 Which was returned such that the Short Term Loan Agreement was not paid” as set forth in Paragraph 9 0fYOUR Complaint. SPECIAL INTERROGATORY NO. 12.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “No interest payments have been made 0n the Secured Promissory Note” as set forth in Paragraph 9 0fYOUR Complaint. SPECIAL INTERROGATORY NO. 13.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “the 15,000 common stock shares in Uniquify has not been delivered to plaintiff” as set forth in Paragraph 9 ofYOUR Complaint. SPECIAL INTERROGATORY NO. 14.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “the Agreements are in default” as set forth in Paragraph 9 0fYOUR Complaint. SPECIAL INTERROGATORY NO. 15.: Identify all persons With firsthand knowledge 0f the facts set forth in Paragraph 9 0f YOUR Complaint. For the purposes 0f this Interrogatory, “identify” means t0 supply the person’s name, address, and telephone number. DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, TO PLAINTIFF 3 / 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SPECIAL INTERROGATORY NO. 16.: Identify all documents that refer t0 the allegations set forth in Paragraph 9 0f YOUR Complaint. SPECIAL INTERROGATORY NO. 17.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “Theresa Mai kept the $50,000 and did not return it t0 Uniquify” as set forth in Paragraph 10 ofYOUR Complaint. SPECIAL INTERROGATORY NO. 18.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “The basis of this belief is Theresa Mai made purchases inconsistent with her standard 0f living” as set forth in Paragraph 10 0fYOUR Complaint. SPECIAL INTERROGATORY NO. 19.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “It could also be that the second loan 0f $50,000 was used by Theresa Mai t0 cover her receipt 0f the first $50,000 in a ponzi scheme fashion” as set forth in Paragraph 10 0fYOUR Complaint. SPECIAL INTERROGATORY NO. 20.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “Uniquify has refused t0 cooperate in resolving What happened reflecting they knew What was happening and aided and abetted the fraud” as set forth in Paragraph 10 0f YOUR Complaint. SPECIAL INTERROGATORY NO. 21 .: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “Uniquify has not paid back the Agreements to plaintiff” as set forth in Paragraph 10 0fYOUR Complaint. // // // DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, TO PLAINTIFF 4 / 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SPECIAL INTERROGATORY NO. 22.: Identify all persons with firsthand knowledge of the facts set forth in Paragraph 10 0f YOUR Complaint. For the purposes 0f this Interrogatory, “identify” means t0 supply the person’s name, address, and telephone number. SPECIAL INTERROGATORY NO. 23.: Identify all documents that refer t0 the allegations set forth in Paragraph 10 of YOUR Complaint. SPECIAL INTERROGATORY NO. 24.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “There is now due and owing the sum 0f $100,000 owed t0 plaintiff and 15,000 shares of Uniquify common stock are owed t0 plaintiff” as set forth in Paragraph 11 0f YOUR Complaint. SPECIAL INTERROGATORY NO. 25.: Identify all persons With firsthand knowledge of the facts set forth in Paragraph 11 of YOUR Complaint. For the purposes 0f this Interrogatory, “identify” means t0 supply the person’s name, address, and telephone number. SPECIAL INTERROGATORY NO. 26.: Identify all documents that refer to the allegations set forth in Paragraph 11 of YOUR Complaint. SPECIAL INTERROGATORY NO. 27.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “On or about March 16, 2017 Theresa Mai represented to plaintiff that he (sic) was lending money t0 Uniquify and the Secured Promissory Note was secured by the assets of the company” as set forth in Paragraph 27 ofYOUR Complaint. SPECIAL INTERROGATORY NO. 28.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “In reliance of Theresa Mai’s representations the money for the loans were wired to Uniquify” as set forth in Paragraph 27 0fYOUR Complaint. DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, TO PLAINTIFF 5 / 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SPECIAL INTERROGATORY NO. 29.: Identify all persons with firsthand knowledge of the facts set forth in Paragraph 27 0f YOUR Complaint. For the purposes 0f this Interrogatory, “identify” means t0 supply the person’s name, address, and telephone number. SPECIAL INTERROGATORY NO. 30.: Identify all documents that refer t0 the allegations set forth in Paragraph 27 of YOUR Complaint. SPECIAL INTERROGATORY NO. 3 1 .: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “Theresa Mai borrowed money from plaintiff through her employer in a sham transaction without any intent for Uniquify to repay” as set forth in Paragraph 28 ofYOUR Complaint. SPECIAL INTERROGATORY NO. 32.: Identify all persons With firsthand knowledge of the facts set forth in Paragraph 28 of YOUR Complaint. For the purposes 0f this Interrogatory, “identify” means t0 supply the person’s name, address, and telephone number. SPECIAL INTERROGATORY NO. 33.: Identify all documents that refer to the allegations set forth in Paragraph 28 of YOUR Complaint. SPECIAL INTERROGATORY NO. 34.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “Theresa Mai was either paid the plaintiffs money or given access to money for repayment but kept the money herself” as set forth in Paragraph 29 0fYOUR Complaint. SPECIAL INTERROGATORY NO. 35.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “Uniquify did not take any reasonable actions t0 control the repayment of the funds” as set forth in Paragraph 29 0fYOUR Complaint. DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, TO PLAINTIFF 6 / 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SPECIAL INTERROGATORY NO. 36.: Identify all persons with firsthand knowledge of the facts set forth in Paragraph 29 0f YOUR Complaint. For the purposes 0f this Interrogatory, “identify” means t0 supply the person’s name, address, and telephone number. SPECIAL INTERROGATORY NO. 37.: Identify all documents that refer t0 the allegations set forth in Paragraph 29 of YOUR Complaint. SPECIAL INTERROGATORY NO. 38.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “Uniquify was advised they owed the money and the loans had not been repaid t0 plaintiff” as set forth in Paragraph 3O 0fYOUR Complaint. SPECIAL INTERROGATORY NO. 39.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “Uniquify brushed off the claim as a family matter” as set forth in Paragraph 30 0fYOUR Complaint. SPECIAL INTERROGATORY NO. 40.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “Theresa Mai is not a family member of plaintiff” as set forth in Paragraph 30 ofYOUR Complaint. SPECIAL INTERROGATORY NO. 41 .: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “Uniquify took no action to determine they in fact received the money and had not repaid the loans t0 plaintiff” as set forth in Paragraph 30 0fYOUR Complaint. SPECIAL INTERROGATORY NO. 42.: Identify all persons with firsthand knowledge 0f the facts set forth in Paragraph 30 0f YOUR Complaint. For the purposes 0f this Interrogatory, “identify” means t0 supply the person’s name, address, and telephone number. DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, TO PLAINTIFF 7 / 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SPECIAL INTERROGATORY NO. 43.: Identify all documents that refer t0 the allegations set forth in Paragraph 30 0f YOUR Complaint. SPECIAL INTERROGATORY NO. 44.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “Theresa Mai’s conduct was authorized and ratified by R A Sheffield, the Chief Financial Officer of Uniquify and allowed Theresa Mai t0 induce plaintiff to lend the company money Without any intention 0f repayment” as set forth in Paragraph 31 0fYOUR Complaint. SPECIAL INTERROGATORY NO. 45.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “Uniquify aided and abetted Theresa Mai’s fraud” as set forth in Paragraph 31 ofYOUR Complaint. SPECIAL INTERROGATORY NO. 46.: Identify all persons with firsthand knowledge 0f the facts set forth in Paragraph 31 0f YOUR Complaint. For the purposes 0f this Interrogatory, “identify” means t0 supply the person’s name, address, and telephone number. SPECIAL INTERROGATORY NO. 47.: Identify all documents that refer to the allegations set forth in Paragraph 31 0f YOUR Complaint. SPECIAL INTERROGATORY NO. 48.: Set forth, specifically and in detail, including by date and time, all facts supporting YOUR allegation that “Defendant’s conduct was fraudulent, malicious, and oppressive against plaintiff and justifies an award 0f punitive damages” as set forth in Paragraph 33 ofYOUR Complaint. // // // DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, TO PLAINTIFF 8 / 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SPECIAL INTERROGATORY NO. 49.: Identify all persons with firsthand knowledge of the facts set forth in Paragraph 33 0f YOUR Complaint. For the purposes 0f this Interrogatory, “identify” means t0 supply the person’s name, address, and telephone number. SPECIAL INTERROGATORY NO. 50.: Identify all documents that refer t0 the allegations set forth in Paragraph 33 of YOUR Complaint. Dated: April 9, 2020 Respectfully submitted, Nick Heimlich (SBN 233232) Attorney for Defendant UNIQUIFY, INC. DEFENDANT’S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE, TO PLAINTIFF 9 / 9 lO ll 12 13 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 26 Nick Heimlich (SBN 233232) Law Offices of Nicholas D. Heimlich 5595 Winfield Blvd. Suite 110 San Jose, California 95 123 Tel: (408) 457-9364 Fax: (408) 841-7630 Email: nick@nickheimlichlaw.com Attorneys for Defendant UNIQUIFY, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA THE COUNTY OF SANTA CLARA THINH NGUYEN, an individual; CASE NO.: 19CV348924 Plaintiff, Proof 0f Service re: Form Interrogatories, vs. Set One; Special Interrogatories, Set One; Request for Production of Documents, Set UNIQUIFY, INC., THERESA MAI; and One; Request for Admissions, Set One; DOES 1-25, inclusive, Defendants. Declaration for Additional Discovery Proof 0f Service lO ll 12 l3 l4 15 l6 l7 l8 l9 20 21 22 23 24 25 26 PROOF OF SERVICE Ihereby certify that I am over 18 years 01d and not a party t0 this action, and a true and correct copy of: Form Interrogatories, Set One; Special Interrogatories, Set One; Request for Production of Documents, Set One; Request for Admissions, Set One; Declaration for Additional Discovery Case No. 19CV348924 was served upon: Adron W. Beene, Esq. #129040 Adron G. Beene, Esq. #298088 Attorneys at Law 1754 Technology Drive, Suite 228 San Jose, CA 951 10 Phone: 408-392-9233 Fax: 408-329-0453 Email: adron@adronlaw . com Attorney for Plaintiff, Thinh Nguyen by the means indicated below at their address above on the date below: [ ] Via Fax [ X] Via US Mail, first class, postage prepaid, sealed envelope [X] Via Email per Local Court Rule 6. [ ] Via personal delivery I am familiar with the Nick Heimlich’s practice for collection and processing 0f correspondence for mailing with the United States Postal Service. In the ordinary course of business, correspondence would be deposited with the United States Postal Service on this date. I certify under penalty 0f perjury under the laws of the State of California that the foregoing is true and correct. Executed on: 04/ 9 /2020 Executed at: San Jose , California.MM Nick Heimlich (CA Bar 233232) Proof 0f Service EXHIBIT B EXHIBIT B Nick Heimlich Law Mail - Nguyen V. Uniquify-Discovery from Defenda... https://Inai1.google.com/mail/u/O/‘Iik=83ba83eeSa&View=pt&searCh=al... M Gmail Nick Heimlich Nguyen v. Uniquify-Discovery from Defendant Set 1 5 messages Nick Heimlich Thu, Apr 9, 2020 at 5:19 PM To: "Adron Jr." , Adron Beene Adron and Adron: See attached first set of discovery from Defendant. Sincerely, Nick Heimlich Law Offices of Nicholas D. Heimlich Your referrals are always appreciated. Tel: 408-457-9364/ Fax: 408-841 -7630 5595 Winfield Blvd, Suite 110 San Jose, CA 95123 Business Law (incorporation, contracts, real estate, trademarks) Litigation (civil, franchise, trademark, patent, collections, wages) Confidential Communication Notice This communication is confidential and may be privileged. Disclosure, copying, forwarding, or use of the contents of this communication, except by the intended recipient(s), is prohibited. If you have received this communication in error, please notify us immediately, and destroy this communication. Thank you. 6 attachments fl 2-Declaration for Additional Discovery 04092020.pdf 21 0K fl 3-RFA1 to Nguyen 04092020.pdf228K fl 1-Form Rogs SS 04092020_20200409(1 ).pdf686K 5-SROG1 to Nguyen 04092020.pdffl 251 K fl 4-RFPD1 to Nguyen 04092020.pdf242K fl 6-POS Discovery Set One 04092020.pdf148K Nick Heimlich Tue, Jun 2, 2020 at 4:47 PM To: "Adron Jr." , Adron Beene Adron and Adron: See my email below. I've received no response to my discovery sent on 04/09/2020, which is past due at this point. Please email any response. If | do not get a response, then | may need to move forward with a motion to compel. 1 of 4 1/13/2022, 6:50 PM Nick Heimlich Law Mail - Nguyen V. Uniquify-Discovery from Defenda... https://Inai1.google.com/mail/u/O/‘Iik=83ba83eeSa&View=pt&searCh=al... Sincerely, Nick Heimlich Law Offices of Nicholas D. Heimlich Your referrals are always appreciated. Tel: 408-457-9364/ Fax: 408-841 -7630 5595 Winfield Blvd, Suite 110 San Jose, CA 951 23 Business Law (incorporation, contracts, real estate, trademarks) Litigation (civil, franchise, trademark, patent, collections, wages) Confidential Communication Notice This communication is confidential and may be privileged. Disclosure, copying, forwarding, or use of the contents of this communication, except by the intended recipient(s), is prohibited. If you have received this communication in error, please notify us immediately, and destroy this communication. Thank you. [Quoted text hidden] 6 attachments E 2-Declaration for Additional Discovery 04092020.pdf 21 0K fl 3-RFA1 to Nguyen 04092020.pdf228K a 1-Form Hogs ss 04092020_20200409(1 ).pdf686K fl 5-snoe1 to Nguyen 04092020.pdt251 K a 4-RFPD1 to Nguyen 04092020.pdf242K E 6-POS Discovery Set One 04092020.pdf148K Adron Jr. Tue, Jun 2, 2020 at 5:02 PM To: Nick Heimlich Cc: Adron Beene Hi Nick, We’re working on them. Its been difficult with COVID and recent events to get time to get these finalized. | would expect you to have them not later than Tuesday next week. Also, | was just informed that | may submit a motion without a hearing date by the court, so | will be filing our motion to compel shortly. Thanks, Adron Jr. 2 of 4 1/13/2022, 6:50 PM Nick Heimlich Law Mail - Nguyen V. Uniquify-Discovery from Defenda... https://Inai1.google.com/mail/u/O/‘Iik=83ba83eeSa&View=pt&searCh=al... Attorney Law Offices of Adron W. Beene 7960 Soquel Drive Ste B #296 Aptos CA 95003 (408)392-9233 This email, if sent to a client, is confidential. No tax advice is provided or may be relied on. [\3 ADRONLAWIll-l [Quoted text hidden] Nick Heimlich Fri, Jun 19, 2020 at 4:14 PM To: "Adron Jr." Cc: Adron Beene Adron: | still have no discovery response, it was due back on May 20, 2020. Please send any response by email, thanks. Have a good day and stay safe. Sincerely, Nick Heimlich Law Offices of Nicholas D. Heimlich Your referrals are always appreciated. Tel: 408-457-9364/ Fax: 408-841 -7630 5595 Winfield Blvd, Suite 110 San Jose, CA 951 23 Business Law (incorporation, contracts, real estate, trademarks) Litigation (civil, franchise, trademark, patent, collections, wages) Confidential Communication Notice This communication is confidential and may be privileged. Disclosure, copying, forwarding, or use of the contents of this communication, except by the intended recipient(s), is prohibited. If you have received this communication in error, please notify us immediately, and destroy this communication. Thank you. [Quoted text hidden] Adron Jr. Mon, Jun 22, 2020 at 11 :08 PM To: Nick Heimlich Cc: Adron Beene 3 of 4 1/13/2022, 6:50 PM Nick Heimlich Law Mail - Nguyen V. Uniquify-Discovery from Defenda... https://mai1.google.com/maiUu/O/?ik=83ba83eeSa&VieW=pt&searCh=al... Hi Nick, Thank you for your patience. We are still working on this. We’ll respond by email. Stay healthy as well. Regards, [Quoted text hidden] 4 0f 4 1/13/2022, 6:50 PM
