Response Informal Discovery Conference Response Re Special Interrogatories

Response

Cal. Super. - 2nd Dist.September 4, 2019

El ec tr on ic al ly Re ce iv ed 06 M 8/ 20 20 08 :4 5 Ad NAME AND ADDRESS OF ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NUMBER Michael Ghozland, Esq. 223032 Ghozland Law Firm 626 Wilshire Boulevard, Suite 1170 Los Angeles, CA 90017 TELEPHONE NO.: 213-334-4570 FAX NO.: 213-334-4560 E-MAIL ADDRESS: michael @ghozlandlawfirm.cqgj ATTORNEY FOR (Name): Steven Cruze SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES COURTHOUSE ADDRESS: Spring Street Courthouse, 312 N. Spring Street, Los Angeles, CA 80012 PLAINTIFF: J.C., a Minor and Heir to Decedent Steven Ray, Sr., etal. DEFENDANT: The State of California Reserved for Clerk's File Stamp INFORMAL DISCOVERY CONFERENCE FORM FOR PERSONAL INJURY COURTS (Department 2, 3, 4A, 4B, 5) CASE NUMBER: Lead Case - 19STCV31202 AN INFORMAL DISCOVERY CONFERENCE (“IDC”) HAS BEEN RESERVED IN DEPARTMENT: [J2, 03, [J4A, []4B, [15 on 07/02/2020 at 10:30 AM []PM. X Dept. 32 Type of case: [| Auto [] Slip/Trip & Fall [J] Med Mal [] Product Liability [ | Assault & Battery Other (please describe): Premise Liability You must file and serve this Informal Discovery Conference Form no later than 15 court days prior to the IDC. The opposing party may file and serve a responsive IDC Form, briefly setting forth that party's response, at least ten court days prior to the IDC. Briefly describe the discovery dispute (information requested and/or the basis for objection) in the space provided below (do not add extra pages): The underlying action arises out of the wrongful death of Plaintiffs Steven Cruze, Sr. and Debbie Cruz's son, Steven Cruze, Jr. Plaintiffs have filed a wrongful death action against multiple defendants, including Santa Monica Pier Restoration Corporation, which have filed multiple Motions to Compel against Plaintiffs and are party to the instant IDC. A related case has been brought by Plaintiffs’ grandson and heir to Steven Cruze, Jr. Defendant served 139 special interrogatories to Plaintiffs. After significant meet and confer attempts and supplemental responses by Plaintiffs, Defendant continues to take issue with three (3) Special interrogatories Nos. 14, 80, and 96. Plaintiff Steven Cruze has responded to these contention interrogagtories to the best of his ability and has provided all facts he currently has in his possession. It is important to note that discovery to all defendants has yet to commence. As such, Plaintiff is only able to substantiate his claims with the information he currently has in his possession, which he did. Plaintiff have fully complied with the Discovery Act. In responding to interrogatories, each answer in the response must be “as complete and straightforward as the information reasonably available to the responding party permits. If an interrogatory cannot be answered completely, it shall be answered to the extent possible.” CCP § 2030.220(a), (b). Here, Plaintiffs provided as complete and straightforward a response as possible give their knowledge and experience. Plaintiffs also indicated in their responses that discovery has yet to begin. Moreover, Plaintiff cannot be expected to act as an expert and provide expert opinions - which is what is being sought by Defendant's Special Interrogatories. Accordingly, the Plaintiffs put forth all the information that they have. They did not withhold, and they did not obfuscate. INFORMAL DISCOVERY CONFERENCE LASC CIV 239 Rev. 10/19 For Goicom Use : FORM FOR PERSONAL INJURY COURTS (Department 2, 3, 4A, 4B, 5) Page 10f2 SHORT TITLE: CASE NUMBER: J.C. v. The State of California Lead Case - 19STCV31202 CONFERENCE RESULTS (FOR COURT USE ONLY) The result of the conference is: [ ] Resolved [|] Not Resolved [] Off Calendar. RET 58 Roe AD INFORMAL DISCOVERY CONFERENCE FORM FOR For Optional tha PERSONAL INJURY COURTS Page 2 of 2 (Department 2, 3, 4A, 4B, 5) G H O Z L A N D L A W F I R M 62 6 Wi ls hi re Bo ul ev ar d, Su it e 11 70 Lo s An ge le s, Ca li fo rn ia 90 01 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES: I, Diane Canton, am employed in the aforesaid county, State of California; I am over the age of 18 years and not a party to the within action; my business address is 626 Wilshire Blvd. Ste. 1170, Los Angeles, CA 90017. On June 18, 2020, I served the foregoing: INFORMAL DISCOVERY CONFERENCE FORM FOR PERSONAL INJURY COURTS (Department 2, 3, 44, 4B, 5) on the parties in this action by placing a true copy thereof, enclosed in a sealed envelope, addressed as follows: Betty Chu-Funita, Esq. Erica Bianco, Esq. STATE OF CALIFORNIA Deputy City Attorney 300 South Spring Street, Suite 1702 CITY OF SANTA MONICA Los Angeles, CA 90013 1685 Main Street, Third Floor Tel: (213) 269-6141 Santa Monica, CA 90401 Fax: (213) 897-2810 Tel: (310) 458-8336 Email: betty.chufujita@doj.ca.gov Fax: (310) 451-5862 Email: Erica.Bianco@SMGOV.NET Attorneys for Defendant: THE STATE OF Email: Maral. Torosian@smgov.net CALIFORNIA Attorneys for Defendant: THE CITY OF SANTA MONICA Mark E. Lowary, Esq. Jasmin Daneshgar, Esq. Berman Berman Berman Schneider & Douglas A. Rochen, Esq. Borislav Kasreliovich, Esq. Joseph Finnerty, Esq. Lowary, LLP ABIR COHEN TREYZON SALO, LLP 3890 Tenth Street 16001 Ventura Boulevard, Suite 200 Riverside, CA 92501 Encino, CA 91436 Tel: (951) 682-8300 Tel: (310) 407-7888 Fax: (951) 682-8331 Fax: (424) 288-4368 Email: melowary@b3law.com jdaneshgar@b3law.com asfukushima@pb3law.com ggenatempo(@b3law.com Email: drochen@actslaw.com skasreliovich@actslaw.com jfinnerty(@actslaw.com Attorneys for Plaintiffs: J.C., a minor, et al. Attorneys for Defendant: THE SANTA MONICA PIER CORPORATION [ X] (BY MAIL) I placed such envelope with postage thereon fully paid in the United States mail at Los Angeles, California. I am “readily familiar” with this firm’s practice of collecting and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in affidavit. [ 1 (BY PERSONAL SERVICE) I personally delivered said envelope to the office of the person and address identified above. PROOF OF SERVICE G H O Z L A N D L A W F I R M 62 6 Wi ls hi re Bo ul ev ar d, Su it e 11 70 Lo s An ge le s, Ca li fo rn ia 90 01 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 og 28 [ X] (BY ELECTRONIC SERVICE) I served the above documents to the email listed on the service caption above. A true and correct copy of transmittal will be produced if requested by any party or the court. [ 1 (BY FACSIMILE) I caused such document to be faxed to the addressee. [X] (STATE) I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. [ 1 (FEDERAL) I declare (or certify, verify or state) under penalty of perjury that the foregoing is true and correct, and that I am employed in the office of a member of the bar of this Court at whose direction the service was made. Executed on June 18, 2020, at Los Angeles, California Diane DIANE CANTON PROOF OF SERVICE