DeclarationCal. Super. - 6th Dist.March 23, 20214876-3952-5632v1 DCH|N\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV381025 Santa Clara - Civil JOSHUA BORGER, CA STATE BAR N0. 23 1 951 DENNIS CHIN, CA STATE BAR N0. 236466 BERLINER COHEN, LLP TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN JOSE, CALIFORNIA 951 13-2233 TELEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 joshua.borger@berliner.com dennis.chin@berliner.com ATTORNEYS FOR PLAINTIFF NORTHPOINT CAPITAL FUND, LLC V. Castane Electronically Filed by Superior Court of CA, County of Santa Clara, on 11/2/2021 2:19 PM Reviewed By: V. Castaneda Case #21 CV381 025 Envelope: 7586819 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA NORTHPOINT CAPITAL FUND, LLC, a Delaware limited liability company, Plaintiff, V. JAMES MCCLENAHAN; SAUL FLORES; EAGLE HOME LOANS AND INVESTMENT, LLC; IRON SPRINGS DEVELOPMENT, LLC; and DOES 1 through 25, inclusive, Defendant. I, Dennis Chin, declare as follows: CASE NO. 2 1CV3 8 1 025 DECLARATION OF DENNIS CHIN IN SUPPORT OF MOTION TO COMPEL RESPONSES FOR FORM INTERROGATORIES, SPECIAL INTERROGATORIES, REQUESTS FOR PRODUCTION OF DOCUMENTS, THAT REQUESTS FOR ADMISSIONS BE DEEMED ADMITTED, AND REQUEST FOR MONETARY SANCTIONS Date: Time: 9:00 am. Dept: 20 Judge: Hon. Socrates P. Manoukian Case Filed: March 23. 2021 1. I am an attorney duly licensed to practice law before all of the courts in the State of California and am an associate With the law firm Berliner Cohen, LLP, attorneys 0f record for PlaintiffNorthpoint Capital Fund, LLC. 2. I have personal knowledge of the facts contained herein, and, if called t0 testify I could and would competently d0 so. 3. On September 14, 2021, Plaintiff served form interrogatories, set one, request for production 0f documents, set one, and request for admissions, set one on Defendants James -1- DECLARATION 0F DENNIS CHIN IN SUPPORT 0F MOTION To COMPEL RESPONSES FOR FORM INTERROGATORIES, SPECIAL INTERROGATORIES, REQUESTS FOR PRODUCTION 0F DOCUMENTS, THAT REQUESTS FOR ADMISSIONS BE DEEMED ADMITTED, AND REQUEST FOR MONETARY SANCTIONS da 4876-3952-5632v1 DCHIN\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 McClenahan; Saul Flores; Eagle Home Loans and Investment, LLC; and Iron Springs Development, LLC. Also 0n the same day, Plaintiff served special interrogatories, set one on Defendant Saul Flores. 4. Attached as ExhibitA are true and correct copies ofthe form interrogatories, set one, request for production of documents, set one, and request for admissions, set one served 0n all defendants. 5 . Attached as Exhibit B is a true and correct copy ofthe special interrogatories, set one served 0n Defendant Saul Flores. 6. T0 this day, the defendants have failed to respond to the discovery. 7. My rate on this case is $3 80 per hour. It has taken me at least 4.6 hour to prepare this application. 8. If Defendants prepare an Opposition, I anticipate spending at least 1.0 hours 0n the Reply Brief. 9. I anticipate spending 1.0 hours at the law and motion hearing, and that the total hours spent Will be at least 6.6 hours. 10. Therefore, I am requesting that the Court require defendants jointly to pay monetary sanctions in the amount 0f $2,508. DATED: NOVEMBER 1, 2021 ' DEfiNB/CHIN -2- DECLARATION OF DENNIS CHIN IN SUPPORT OF MOTION TO COMPEL RESPONSES FOR FORM INTERROGATORIES, SPECIAL INTERROGATORIES, REQUESTS FOR PRODUCTION 0F DOCUMENTS, THAT REQUESTS FOR ADMISSIONS BE DEEMED ADMITTED, AND REQUEST FOR MONETARY SANCTIONS EXHIBIT A DISC-OO1 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Joshua J. Borger, SBN 231951 Berliner Cohen, LLP 1O Almaden Boulevard, 11th Floor, San Jose, CA 951 13 TELEPHONE No.: (408) 286-5800 FAX NO. (Optional): E-MAIL ADDRESS (Optional): joshua.borger@berliner.com ATTORNEY FOR(Name): Plaintiff Northpoint Capital Fund, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara SHORT TITLE OF CASE: Northpoint Capital Fund, LLC v. James McClenahan, et al. FORM INTERROGATORIES-GENERAL Asking Party: Plaintiff Northpoint Capital Fund, LLC Answering Party: Defendant Eagle Home Loans and Investment, LLC Set No.: One CASE NUMBER: 21 CV381 025 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. For time limitations, requirements for service on other parties, and other details, see Code of Civil Procedure sections (b) 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-OO4), 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. 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. 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. 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 plaintiff’s injuries and damages. (e) Additional interrogatories may be attached. (b) (C) (d) 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. If the 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) Sec. 4. Definitions Words in BOLDFACE CAPITALS in these interrogatories are defined as follows: (SIGNATURE) (a) (Check one of the following): (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 of8 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. courts. ca.gov E (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 1.0Identity of Persons Answering These Interrogatories 2.0General Background Information-Individual 3.0General Background Information-Business Entity 4.0Insurance 5.0[Reserved] 6.0Physical, Mental, or Emotional Injuries 7.0Property Damage 8.0Loss of Income or Earning Capacity 9.00ther Damages 10.0Medical History 11.00ther Claims and Previous Claims 12.0 Investigation-General 13.0 |nvestigation-Surveillance 14.08tatutory or Regulatory Violations 15.0Denials and Special or Affirmative Defenses 16.0Defendant’s Contentions Personal Injury 17.0Responses to Request for Admissions 18.0[Reserved] 19.0[Reserved] 20.0How the Incident Occurred-Motor Vehicle 25.0[Reserved] 30.0[Reserved] 40.0[Reserved] 50.0Contract 60.0[Reserved] 70.0Unlawful Detainer [See separate form DISC-003] 101 .OEconomic Litigation [See separate form DISC-004] 200.0Employment Law [See separate form DISC-002] Family Law [See separate form FL-145] DlSC-OO1 1.0 Identity of Persons Answering These Interrogatories 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-E 2.1 State: (a) your name; (b) every name you have used in the past; and (c) the dates you used each name. 2.2 State the date and place of your birth. 2.3 At the time of the INCIDENT, did you have a driver's license? If so state: EE (a) the state or other issuing entity; (b) the license number and type; (c) the date of issuance; and (d) all restrictions.E 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. 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. 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. 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.E 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.E 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? DlSC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 2 of 8 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. 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. 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; (f) the name, ADDRESS, and telephone number of each person who was present when each substance was used or taken; and 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. (g) 3.0 General Background Information-Business Entity 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 1O years and the dates each was used; the date and place of incorporation; (d) the ADDRESS ofthe principal place of business; and (e) whether you are qualified to do business in California. 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 1O years and the dates each was used; whether you are a limited partnership and, if so, under the laws of what jurisdiction; the name and ADDRESS of each general partner; and (C) (C) (d) (e) the ADDRESS ofthe principal place of business.E 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 1O years and the date each was used; (C) (d) (e) the date and place of filing of the articles of organization; the ADDRESS ofthe principal place of business; and whether you are qualified to do business in California. DlSC-OO1 3.4 Are you a joint venture? If so, state: (a) (b) the currentjoint venture name; all other names used by the joint venture during the past 1O years and the dates each was used; (c) the name and ADDRESS of each joint venturer; and (d) the ADDRESS ofthe principal place of business. 3.5 Are you an unincorporated association? If so, state: (a) (b) the current unincorporated association name; all other names used by the unincorporated association during the past 1O years and the dates each was used; and (c) the ADDRESS of the principal place of business. 3.6 Have you done business under a fictitious name during the past 1O years? If so, for each fictitious name state: (a) (b) (c) the state and county of each fictitious name filing; and (d) the ADDRESS of the principal place of business. 3.7 Within the past five years has any public entity registered or licensed your business? If so, for each license or registration: the name; the dates each was used; (a) identify the license or registration; (b) state the name ofthe public entity; and (c) state the dates of issuance and expiration. 4.0 Insurance 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) (b) (C) the kind of coverage; the name and ADDRESS of the insurance company; the name, ADDRESS, and telephone number of each named insured; (d) (e) the policy number; the limits of coverage for each type of coverage contained in the policy; (f) whether any reservation of rights or controversy or coverage dispute exists between you and the insurance company; and the name, ADDRESS, and telephone number of the custodian of the policy. 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 (g) E 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).E 6.2 Identify each injury you attribute to the INCIDENT and the area of your body affected. DlSC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 3 of 8 E 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.E 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.E 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.E 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.E 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 DamageE 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-OO1 (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.E 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 E 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).E 8.2 State: (a) the nature of your work; (b) yourjob title at the time of the INCIDENT; and (c) the date your employment began.E 8.3 State the last date before the INCIDENT that you worked for compensation. E 8.4 State your monthly income at the time of the INCIDENT and how the amount was calculated. E 8.5 State the date you returned to work at each place of employment following the INCIDENT. E 8.6 State the dates you did not work and for which you lost income as a result of the INCIDENT. E 8.7 State the total income you have lost to date as a result of the INCIDENT and how the amount was calculated. E 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. DlSC-001 [Rev. January 1, 2008] FORM |NTERROGATORIES-GENERAL Page 4 of 8 DISC-OO1 9.0 Other Damages (c) the court, names of the parties, and case number of any action filed; (d) the name, ADDRESS, and telephone numberof any attorney representing you; (a) the nature; (e) whether the claim or action has been resolved or is pending; and (f) a description of the injury. E 9.1 Are there any other damages that you attribute to the INCIDENT? If so, for each item of damage state: (b) the date it occurred; (C) the amount; and E 11.2 In the past 1O years have you made a written claim or (d) the name, ADDRESS! and teIephone number of each demand for workers' compensation benefits? If so, for each PERSON to whom an obligation was incurred. Claim 0r demand State: I (a) the date, time, and place of the INCIDENT giving riseE 9].:2 Doltany DdeCUMENTSI §upzqrt lthte eXIstetncego: grnount t0 the Claim; o any I em o amages calme In In erroga ory . . so, describe each document and state the name, ADDRESS, (b) tehr: ?:meer’afiDhZTifiqseso’fatng itfiyfirphone number 0f your and telephone number of the PERSON who has each p y J y’ DOCUMENT_ (c) the name, ADDRESS, and telephone number of the workers’ compensation insurer and the claim number; 10'0 Med'ca' H'Story (d) the period of time during which you received workers’E 10.1 At any time before the INCIDENT did you have com- compensation benefits; plaints or injuries that involved the same part of your body (e) a description of the injury; . . . . 9 :Iaaérgligattzihave been Injured In the INCIDENT. If so, for (0 the name, ADDRESS, and telephone number of any ' HEALTH CARE PROVIDER who provided services; (a) a description ofthe complaint or injury; and (b) the dates it began and ended. and (g) the case number at the Workers’ Compensation Appeals Board. (c) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER whom you consulted or 12-0 '"VeStigati°"-Ge"era' who examined or treated you. 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; E 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. ) (b) ‘I’VNhC‘DIB‘ES:_a“Y Statement at the scene 0f the E 10-3 At any time after the INCIDENT! did YOU SUStain injuries (c) who heard any statements made about the INCIDENT of the kind for which you are now claiming damages? If so, by any individuaI at the scene; and for each incident giving rise to an injury state: (d) Who YOU OR ANYONE ACTING ON YOUR (a) the date and the mace it occurred; BEHALF claim has knowledge of the INCIDENT (except for expert witnesses covered by Code of Civil (b) tollfierlagEeéSAoDREE/ggggpd telephone number of any Procedure section 2034)_ ’ 12.2 Have YOU OR ANYONE ACTING ON YOUR (c) the nature of any injuries you sustained; BEHALF interviewed any individual concerning the (d) the name, ADDRESS, and telephone number of each INCIDENT? If 30’ for eaCh '“d'V'dua' State: HEALTH CARE PROVIDER who you consulted or who (a) _the_r1ame,_ADDRESS, and telephone number of the examined or treated you; and mleldual IHterVIGWGd; (b) the date of the interview; and (c) the name, ADDRESS, and telephone number of the 11.0 Other Claims and Previous Claims PERSON who conducted the interview. 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 (e) the nature of the treatment and its duration. E 11.1 Except for this action, in the past 1O 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 individual from whom the statement was obtained; ADDRESS or intersection) of the INCIDENT giving rise (b) the name, ADDRESS’ and telephone number Of the t0 the aetion’ Claim, 0r demand; individual who obtained the statement; (b) the name, ADDRESS, and telephone number of each (c) the date the statement was obtained; and PERSON againSt Whom the Claim 0r demand W33 (d) the name, ADDRESS, and telephone number of each made 0r the action filed; PERSON who has the original statement or a copy. DISC-001 [Rev. January 1, 2008] FORM |NTERROGATORIES-GENERAL Page sofa 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 plaintiff's 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. 12.5 Do YOU 0R ANYONE ACTING 0N 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. 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. 12.7 Have YOU 0R ANYONE ACTING 0N 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 ofthe inspection. 13.0 lnvestigation-SurveillanceE DlSC-001 [Rev. January 1, 2008] 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 surveillance 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-OO1 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 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. 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 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 ofthe PERSON who has each DOCUMENT. 16.0 Defendant’s Contentions-Personal InjuryE 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.E 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. FORM INTERROGATORIES-GENERAL Page6of8 E 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. 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. 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. DlSC-001E 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; state all facts upon which you base your contention; (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.E 16.9 Do YOU 0R 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.E 16.10 Do YOU 0R 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 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 VehicleE 20.1 State the date, time, and place ofthe INCIDENT (closest street ADDRESS or intersection).E 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 dflven DlSC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 7 ofs DD (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. 20.3 State the ADDRESS and location where your trip began and the ADDRESS and location of your destination. 20.4 Describe the route that you followed from the beginning of your trip to the location ofthe INCIDENT, and state the location of each stop, other than routine traffic stops, during the trip leading up to the INCIDENT. 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. 20.6 Did the INCIDENT occur at an intersection? If so, describe all traffic control devices, signals, or signs at the intersection. 20.7 Was there a traffic signal facing you at the time of the INCIDENT? If so, state: (a) (b) (C) (d) your location when you first saw it; the color; the number of seconds it had been that color; and whether the color changed between the time you first saw it and the INCIDENT. 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 ofthe INCIDENT; and (c) just after the INCIDENT. 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. 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 E DISC-001 (d) state the name, ADDRESS, and telephone number of each PERSON who has custody of each defective part. 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. 25.0 [Reserved] 30.0 [Reserved] 40.0 [Reserved] 50.0 Contract I 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; 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; 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; 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 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. (b) (C) (d) (e) (0 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 oftermination, and the basis of the termination. 50.5 Is any agreement alleged in the pleadings unenforceable? 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. 60.0 [Reserved] DlSC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 8 of 8 DISC-OO1 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Joshua J. Borger, SBN 231951 Berliner Cohen, LLP 1O Almaden Boulevard, 11th Floor, San Jose, CA 951 13 TELEPHONE No.: (408) 286-5800 FAX NO. (Optional): E-MAIL ADDRESS (Optional): joshua.borger@berliner.com ATTORNEY FOR(Name): Plaintiff Northpoint Capital Fund, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara SHORT TITLE OF CASE: Northpoint Capital Fund, LLC v. James McClenahan, et al. FORM INTERROGATORIES-GENERAL Asking Party: Plaintiff Northpoint Capital Fund, LLC Answering Party: Defendant Iron Springs Development, LLC Set No.: One CASE NUMBER: 21 CV381 025 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. For time limitations, requirements for service on other parties, and other details, see Code of Civil Procedure sections (b) 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-OO4), 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. 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. 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. 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 plaintiff’s injuries and damages. (e) Additional interrogatories may be attached. (b) (C) (d) 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. If the 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) Sec. 4. Definitions Words in BOLDFACE CAPITALS in these interrogatories are defined as follows: (SIGNATURE) (a) (Check one of the following): (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 of8 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. courts. ca.gov E (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 1.0Identity of Persons Answering These Interrogatories 2.0General Background Information-Individual 3.0General Background Information-Business Entity 4.0Insurance 5.0[Reserved] 6.0Physical, Mental, or Emotional Injuries 7.0Property Damage 8.0Loss of Income or Earning Capacity 9.00ther Damages 10.0Medical History 11.00ther Claims and Previous Claims 12.0 Investigation-General 13.0 |nvestigation-Surveillance 14.08tatutory or Regulatory Violations 15.0Denials and Special or Affirmative Defenses 16.0Defendant’s Contentions Personal Injury 17.0Responses to Request for Admissions 18.0[Reserved] 19.0[Reserved] 20.0How the Incident Occurred-Motor Vehicle 25.0[Reserved] 30.0[Reserved] 40.0[Reserved] 50.0Contract 60.0[Reserved] 70.0Unlawful Detainer [See separate form DISC-003] 101 .OEconomic Litigation [See separate form DISC-004] 200.0Employment Law [See separate form DISC-002] Family Law [See separate form FL-145] DlSC-OO1 1.0 Identity of Persons Answering These Interrogatories 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-E 2.1 State: (a) your name; (b) every name you have used in the past; and (c) the dates you used each name. 2.2 State the date and place of your birth. 2.3 At the time of the INCIDENT, did you have a driver's license? If so state: EE (a) the state or other issuing entity; (b) the license number and type; (c) the date of issuance; and (d) all restrictions.E 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. 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. 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. 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.E 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.E 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? DlSC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 2 of 8 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. 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. 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; (f) the name, ADDRESS, and telephone number of each person who was present when each substance was used or taken; and 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. (g) 3.0 General Background Information-Business Entity 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 1O years and the dates each was used; the date and place of incorporation; (d) the ADDRESS ofthe principal place of business; and (e) whether you are qualified to do business in California. 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 1O years and the dates each was used; whether you are a limited partnership and, if so, under the laws of what jurisdiction; the name and ADDRESS of each general partner; and (C) (C) (d) (e) the ADDRESS ofthe principal place of business.E 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 1O years and the date each was used; (C) (d) (e) the date and place of filing of the articles of organization; the ADDRESS ofthe principal place of business; and whether you are qualified to do business in California. DlSC-OO1 3.4 Are you a joint venture? If so, state: (a) (b) the currentjoint venture name; all other names used by the joint venture during the past 1O years and the dates each was used; (c) the name and ADDRESS of each joint venturer; and (d) the ADDRESS ofthe principal place of business. 3.5 Are you an unincorporated association? If so, state: (a) (b) the current unincorporated association name; all other names used by the unincorporated association during the past 1O years and the dates each was used; and (c) the ADDRESS of the principal place of business. 3.6 Have you done business under a fictitious name during the past 1O years? If so, for each fictitious name state: (a) (b) (c) the state and county of each fictitious name filing; and (d) the ADDRESS of the principal place of business. 3.7 Within the past five years has any public entity registered or licensed your business? If so, for each license or registration: the name; the dates each was used; (a) identify the license or registration; (b) state the name ofthe public entity; and (c) state the dates of issuance and expiration. 4.0 Insurance 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) (b) (C) the kind of coverage; the name and ADDRESS of the insurance company; the name, ADDRESS, and telephone number of each named insured; (d) (e) the policy number; the limits of coverage for each type of coverage contained in the policy; (f) whether any reservation of rights or controversy or coverage dispute exists between you and the insurance company; and the name, ADDRESS, and telephone number of the custodian of the policy. 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 (g) E 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).E 6.2 Identify each injury you attribute to the INCIDENT and the area of your body affected. DlSC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 3 of 8 E 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.E 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.E 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.E 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.E 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 DamageE 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-OO1 (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.E 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 E 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).E 8.2 State: (a) the nature of your work; (b) yourjob title at the time of the INCIDENT; and (c) the date your employment began.E 8.3 State the last date before the INCIDENT that you worked for compensation. E 8.4 State your monthly income at the time of the INCIDENT and how the amount was calculated. E 8.5 State the date you returned to work at each place of employment following the INCIDENT. E 8.6 State the dates you did not work and for which you lost income as a result of the INCIDENT. E 8.7 State the total income you have lost to date as a result of the INCIDENT and how the amount was calculated. E 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. DlSC-001 [Rev. January 1, 2008] FORM |NTERROGATORIES-GENERAL Page 4 of 8 DISC-OO1 9.0 Other Damages (c) the court, names of the parties, and case number of any action filed; (d) the name, ADDRESS, and telephone numberof any attorney representing you; (a) the nature; (e) whether the claim or action has been resolved or is pending; and (f) a description of the injury. E 9.1 Are there any other damages that you attribute to the INCIDENT? If so, for each item of damage state: (b) the date it occurred; (C) the amount; and E 11.2 In the past 1O years have you made a written claim or (d) the name, ADDRESS! and teIephone number of each demand for workers' compensation benefits? If so, for each PERSON to whom an obligation was incurred. Claim 0r demand State: I (a) the date, time, and place of the INCIDENT giving riseE 9].:2 Doltany DdeCUMENTSI §upzqrt lthte eXIstetncego: grnount t0 the Claim; o any I em o amages calme In In erroga ory . . so, describe each document and state the name, ADDRESS, (b) tehr: ?:meer’afiDhZTifiqseso’fatng itfiyfirphone number 0f your and telephone number of the PERSON who has each p y J y’ DOCUMENT_ (c) the name, ADDRESS, and telephone number of the workers’ compensation insurer and the claim number; 10'0 Med'ca' H'Story (d) the period of time during which you received workers’E 10.1 At any time before the INCIDENT did you have com- compensation benefits; plaints or injuries that involved the same part of your body (e) a description of the injury; . . . . 9 :Iaaérgligattzihave been Injured In the INCIDENT. If so, for (0 the name, ADDRESS, and telephone number of any ' HEALTH CARE PROVIDER who provided services; (a) a description ofthe complaint or injury; and (b) the dates it began and ended. and (g) the case number at the Workers’ Compensation Appeals Board. (c) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER whom you consulted or 12-0 '"VeStigati°"-Ge"era' who examined or treated you. 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; E 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. ) (b) ‘I’VNhC‘DIB‘ES:_a“Y Statement at the scene 0f the E 10-3 At any time after the INCIDENT! did YOU SUStain injuries (c) who heard any statements made about the INCIDENT of the kind for which you are now claiming damages? If so, by any individuaI at the scene; and for each incident giving rise to an injury state: (d) Who YOU OR ANYONE ACTING ON YOUR (a) the date and the mace it occurred; BEHALF claim has knowledge of the INCIDENT (except for expert witnesses covered by Code of Civil (b) tollfierlagEeéSAoDREE/ggggpd telephone number of any Procedure section 2034)_ ’ 12.2 Have YOU OR ANYONE ACTING ON YOUR (c) the nature of any injuries you sustained; BEHALF interviewed any individual concerning the (d) the name, ADDRESS, and telephone number of each INCIDENT? If 30’ for eaCh '“d'V'dua' State: HEALTH CARE PROVIDER who you consulted or who (a) _the_r1ame,_ADDRESS, and telephone number of the examined or treated you; and mleldual IHterVIGWGd; (b) the date of the interview; and (c) the name, ADDRESS, and telephone number of the 11.0 Other Claims and Previous Claims PERSON who conducted the interview. 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 (e) the nature of the treatment and its duration. E 11.1 Except for this action, in the past 1O 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 individual from whom the statement was obtained; ADDRESS or intersection) of the INCIDENT giving rise (b) the name, ADDRESS’ and telephone number Of the t0 the aetion’ Claim, 0r demand; individual who obtained the statement; (b) the name, ADDRESS, and telephone number of each (c) the date the statement was obtained; and PERSON againSt Whom the Claim 0r demand W33 (d) the name, ADDRESS, and telephone number of each made 0r the action filed; PERSON who has the original statement or a copy. DISC-001 [Rev. January 1, 2008] FORM |NTERROGATORIES-GENERAL Page sofa 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 plaintiff's 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. 12.5 Do YOU 0R ANYONE ACTING 0N 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. 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. 12.7 Have YOU 0R ANYONE ACTING 0N 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 ofthe inspection. 13.0 lnvestigation-SurveillanceE DlSC-001 [Rev. January 1, 2008] 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 surveillance 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-OO1 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 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. 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 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 ofthe PERSON who has each DOCUMENT. 16.0 Defendant’s Contentions-Personal InjuryE 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.E 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. FORM INTERROGATORIES-GENERAL Page6of8 E 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. 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. 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. DlSC-001E 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; state all facts upon which you base your contention; (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.E 16.9 Do YOU 0R 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.E 16.10 Do YOU 0R 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 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 VehicleE 20.1 State the date, time, and place ofthe INCIDENT (closest street ADDRESS or intersection).E 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 dflven DlSC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 7 ofs DD (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. 20.3 State the ADDRESS and location where your trip began and the ADDRESS and location of your destination. 20.4 Describe the route that you followed from the beginning of your trip to the location ofthe INCIDENT, and state the location of each stop, other than routine traffic stops, during the trip leading up to the INCIDENT. 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. 20.6 Did the INCIDENT occur at an intersection? If so, describe all traffic control devices, signals, or signs at the intersection. 20.7 Was there a traffic signal facing you at the time of the INCIDENT? If so, state: (a) (b) (C) (d) your location when you first saw it; the color; the number of seconds it had been that color; and whether the color changed between the time you first saw it and the INCIDENT. 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 ofthe INCIDENT; and (c) just after the INCIDENT. 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. 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 E DISC-001 (d) state the name, ADDRESS, and telephone number of each PERSON who has custody of each defective part. 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. 25.0 [Reserved] 30.0 [Reserved] 40.0 [Reserved] 50.0 Contract I 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; 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; 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; 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 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. (b) (C) (d) (e) (0 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 oftermination, and the basis of the termination. 50.5 Is any agreement alleged in the pleadings unenforceable? 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. 60.0 [Reserved] DlSC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 8 of 8 DISC-OO1 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Joshua J. Borger, SBN 231951 Berliner Cohen, LLP 1O Almaden Boulevard, 11th Floor, San Jose, CA 951 13 TELEPHONE No.: (408) 286-5800 FAX NO. (Optional): E-MAIL ADDRESS (Optional): joshua.borger@berliner.com ATTORNEY FOR(Name): Plaintiff Northpoint Capital Fund, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara SHORT TITLE OF CASE: Northpoint Capital Fund, LLC v. James McClenahan, et al. FORM INTERROGATORIES-GENERAL Asking Party: Plaintiff Northpoint Capital Fund, LLC Answering Party: Def. James McClenahan Set No.: One CASE NUMBER: 21 CV381 025 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. For time limitations, requirements for service on other parties, and other details, see Code of Civil Procedure sections (b) 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-OO4), 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. 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. 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. 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 plaintiff’s injuries and damages. (e) Additional interrogatories may be attached. (b) (C) (d) 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. If the 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) Sec. 4. Definitions Words in BOLDFACE CAPITALS in these interrogatories are defined as follows: (SIGNATURE) (a) (Check one of the following): (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 of8 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. courts. ca.gov E (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 1.0Identity of Persons Answering These Interrogatories 2.0General Background Information-Individual 3.0General Background Information-Business Entity 4.0Insurance 5.0[Reserved] 6.0Physical, Mental, or Emotional Injuries 7.0Property Damage 8.0Loss of Income or Earning Capacity 9.00ther Damages 10.0Medical History 11.00ther Claims and Previous Claims 12.0 Investigation-General 13.0 |nvestigation-Surveillance 14.08tatutory or Regulatory Violations 15.0Denials and Special or Affirmative Defenses 16.0Defendant’s Contentions Personal Injury 17.0Responses to Request for Admissions 18.0[Reserved] 19.0[Reserved] 20.0How the Incident Occurred-Motor Vehicle 25.0[Reserved] 30.0[Reserved] 40.0[Reserved] 50.0Contract 60.0[Reserved] 70.0Unlawful Detainer [See separate form DISC-003] 101 .OEconomic Litigation [See separate form DISC-004] 200.0Employment Law [See separate form DISC-002] Family Law [See separate form FL-145] DlSC-OO1 1.0 Identity of Persons Answering These Interrogatories 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- 2.1 State: (a) your name; (b) every name you have used in the past; and (c) the dates you used each name. 2.2 State the date and place of your birth. 2.3 At the time of the INCIDENT, did you have a driver's license? If so state: EE (a) the state or other issuing entity; (b) the license number and type; (c) the date of issuance; and (d) all restrictions.E 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. 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. 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. 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. 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. 2.9 Can you speak English with ease? If not, what language and dialect do you normally use? 2.10 Can you read and write English with ease? If not, what language and dialect do you normally use? DlSC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 2 of 8 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. 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. 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; (f) the name, ADDRESS, and telephone number of each person who was present when each substance was used or taken; and 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. (g) 3.0 General Background Information-Business EntityE 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 1O years and the dates each was used; the date and place of incorporation; (d) the ADDRESS ofthe principal place of business; and (e) whether you are qualified to do business in California. 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 1O years and the dates each was used; (C) (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 ofthe principal place of business.E 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 1O years and the date each was used; (C) (d) (e) the date and place of filing of the articles of organization; the ADDRESS ofthe principal place of business; and whether you are qualified to do business in California. DlSC-OO1 E 3.4 Are you a joint venture? If so, state: (a) (b) the currentjoint venture name; all other names used by the joint venture during the past 1O years and the dates each was used; the name and ADDRESS of each joint venturer; and the ADDRESS of the principal place of business. (C) (d) 3.5 Are you an unincorporated association? If so, state: (a) (b) the current unincorporated association name; all other names used by the unincorporated association during the past 1O years and the dates each was used; and (c) the ADDRESS of the principal place of business. 3.6 Have you done business under a fictitious name during the past 1O years? If so, for each fictitious name state: (a) (b) (C) (d) the ADDRESS of the principal place of business. 3.7 Within the past five years has any public entity registered or licensed your business? If so, for each license or registration: the name; the dates each was used; the state and county of each fictitious name filing; and (a) identify the license or registration; (b) state the name ofthe public entity; and (c) state the dates of issuance and expiration. 4.0 Insurance 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) (b) (C) the kind of coverage; the name and ADDRESS of the insurance company; the name, ADDRESS, and telephone number of each named insured; (d) (e) the policy number; the limits of coverage for each type of coverage contained in the policy; (f) whether any reservation of rights or controversy or coverage dispute exists between you and the insurance company; and the name, ADDRESS, and telephone number of the custodian of the policy. 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 (g) E 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).E 6.2 Identify each injury you attribute to the INCIDENT and the area of your body affected. DlSC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 3 of 8 E 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.E 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.E 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.E 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.E 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 DamageE 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-OO1 (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.E 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 E 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).E 8.2 State: (a) the nature of your work; (b) yourjob title at the time of the INCIDENT; and (c) the date your employment began.E 8.3 State the last date before the INCIDENT that you worked for compensation. E 8.4 State your monthly income at the time of the INCIDENT and how the amount was calculated. E 8.5 State the date you returned to work at each place of employment following the INCIDENT. E 8.6 State the dates you did not work and for which you lost income as a result of the INCIDENT. E 8.7 State the total income you have lost to date as a result of the INCIDENT and how the amount was calculated. E 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. DlSC-001 [Rev. January 1, 2008] FORM |NTERROGATORIES-GENERAL Page 4 of 8 DISC-OO1 9.0 Other Damages (c) the court, names of the parties, and case number of any action filed; (d) the name, ADDRESS, and telephone numberof any attorney representing you; (a) the nature; (e) whether the claim or action has been resolved or is pending; and (f) a description of the injury. E 9.1 Are there any other damages that you attribute to the INCIDENT? If so, for each item of damage state: (b) the date it occurred; (C) the amount; and E 11.2 In the past 1O years have you made a written claim or (d) the name, ADDRESS! and teIephone number of each demand for workers' compensation benefits? If so, for each PERSON to whom an obligation was incurred. Claim 0r demand State: I (a) the date, time, and place of the INCIDENT giving riseE 9].:2 Doltany DdeCUMENTSI §upzqrt lthte eXIstetncego: grnount t0 the Claim; o any I em o amages calme In In erroga ory . . so, describe each document and state the name, ADDRESS, (b) tehr: ?:meer’afiDhZTifiqseso’fatng itfiyfirphone number 0f your and telephone number of the PERSON who has each p y J y’ DOCUMENT_ (c) the name, ADDRESS, and telephone number of the workers’ compensation insurer and the claim number; 10'0 Med'ca' H'Story (d) the period of time during which you received workers’E 10.1 At any time before the INCIDENT did you have com- compensation benefits; plaints or injuries that involved the same part of your body (e) a description of the injury; . . . . 9 :Iaaérgligattzihave been Injured In the INCIDENT. If so, for (0 the name, ADDRESS, and telephone number of any ' HEALTH CARE PROVIDER who provided services; (a) a description ofthe complaint or injury; and (b) the dates it began and ended. and (g) the case number at the Workers’ Compensation Appeals Board. (c) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER whom you consulted or 12-0 '"VeStigati°"-Ge"era' who examined or treated you. 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; E 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. ) (b) ‘I’VNhC‘DIB‘ES:_a“Y Statement at the scene 0f the E 10-3 At any time after the INCIDENT! did YOU SUStain injuries (c) who heard any statements made about the INCIDENT of the kind for which you are now claiming damages? If so, by any individuaI at the scene; and for each incident giving rise to an injury state: (d) Who YOU OR ANYONE ACTING ON YOUR (a) the date and the mace it occurred; BEHALF claim has knowledge of the INCIDENT (except for expert witnesses covered by Code of Civil (b) tollfierlagEeéSAoDREE/ggggpd telephone number of any Procedure section 2034)_ ’ 12.2 Have YOU OR ANYONE ACTING ON YOUR (c) the nature of any injuries you sustained; BEHALF interviewed any individual concerning the (d) the name, ADDRESS, and telephone number of each INCIDENT? If 30’ for eaCh '“d'V'dua' State: HEALTH CARE PROVIDER who you consulted or who (a) _the_r1ame,_ADDRESS, and telephone number of the examined or treated you; and mleldual IHterVIGWGd; (b) the date of the interview; and (c) the name, ADDRESS, and telephone number of the 11.0 Other Claims and Previous Claims PERSON who conducted the interview. 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 (e) the nature of the treatment and its duration. E 11.1 Except for this action, in the past 1O 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 individual from whom the statement was obtained; ADDRESS or intersection) of the INCIDENT giving rise (b) the name, ADDRESS’ and telephone number Of the t0 the aetion’ Claim, 0r demand; individual who obtained the statement; (b) the name, ADDRESS, and telephone number of each (c) the date the statement was obtained; and PERSON againSt Whom the Claim 0r demand W33 (d) the name, ADDRESS, and telephone number of each made 0r the action filed; PERSON who has the original statement or a copy. DISC-001 [Rev. January 1, 2008] FORM |NTERROGATORIES-GENERAL Page sofa 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 plaintiff's 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. 12.5 Do YOU 0R ANYONE ACTING 0N 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. 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. 12.7 Have YOU 0R ANYONE ACTING 0N 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 ofthe inspection. 13.0 lnvestigation-SurveillanceE DlSC-001 [Rev. January 1, 2008] 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 surveillance 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-OO1 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 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. 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 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 ofthe PERSON who has each DOCUMENT. 16.0 Defendant’s Contentions-Personal InjuryE 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.E 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. FORM INTERROGATORIES-GENERAL Page6of8 E 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. 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. 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. DlSC-001E 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; state all facts upon which you base your contention; (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.E 16.9 Do YOU 0R 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.E 16.10 Do YOU 0R 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 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 VehicleE 20.1 State the date, time, and place ofthe INCIDENT (closest street ADDRESS or intersection).E 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 dflven DlSC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 7 ofs DD (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. 20.3 State the ADDRESS and location where your trip began and the ADDRESS and location of your destination. 20.4 Describe the route that you followed from the beginning of your trip to the location ofthe INCIDENT, and state the location of each stop, other than routine traffic stops, during the trip leading up to the INCIDENT. 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. 20.6 Did the INCIDENT occur at an intersection? If so, describe all traffic control devices, signals, or signs at the intersection. 20.7 Was there a traffic signal facing you at the time of the INCIDENT? If so, state: (a) (b) (C) (d) your location when you first saw it; the color; the number of seconds it had been that color; and whether the color changed between the time you first saw it and the INCIDENT. 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 ofthe INCIDENT; and (c) just after the INCIDENT. 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. 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 E DISC-001 (d) state the name, ADDRESS, and telephone number of each PERSON who has custody of each defective part. 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. 25.0 [Reserved] 30.0 [Reserved] 40.0 [Reserved] 50.0 Contract I 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; 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; 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; 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 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. (b) (C) (d) (e) (0 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 oftermination, and the basis of the termination. 50.5 Is any agreement alleged in the pleadings unenforceable? 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. 60.0 [Reserved] DlSC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 8 of 8 DISC-OO1 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Joshua J. Borger, SBN 231951 Berliner Cohen, LLP 1O Almaden Boulevard, 11th Floor, San Jose, CA 951 13 TELEPHONE No.: (408) 286-5800 FAX NO. (Optional): E-MAIL ADDRESS (Optional): joshua.borger@berliner.com ATTORNEY FOR(Name): Plaintiff Northpoint Capital Fund, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara SHORT TITLE OF CASE: Northpoint Capital Fund, LLC v. James McClenahan, et al. FORM INTERROGATORIES-GENERAL Asking Party: Plaintiff Northpoint Capital Fund, LLC Answering Party: Defendant Saul Flores Set No.: One CASE NUMBER: 21 CV381 025 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. For time limitations, requirements for service on other parties, and other details, see Code of Civil Procedure sections (b) 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-OO4), 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. 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. 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. 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 plaintiff’s injuries and damages. (e) Additional interrogatories may be attached. (b) (C) (d) 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. If the 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) Sec. 4. Definitions Words in BOLDFACE CAPITALS in these interrogatories are defined as follows: (SIGNATURE) (a) (Check one of the following): (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 of8 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. courts. ca.gov E (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 1.0Identity of Persons Answering These Interrogatories 2.0General Background Information-Individual 3.0General Background Information-Business Entity 4.0Insurance 5.0[Reserved] 6.0Physical, Mental, or Emotional Injuries 7.0Property Damage 8.0Loss of Income or Earning Capacity 9.00ther Damages 10.0Medical History 11.00ther Claims and Previous Claims 12.0 Investigation-General 13.0 |nvestigation-Surveillance 14.08tatutory or Regulatory Violations 15.0Denials and Special or Affirmative Defenses 16.0Defendant’s Contentions Personal Injury 17.0Responses to Request for Admissions 18.0[Reserved] 19.0[Reserved] 20.0How the Incident Occurred-Motor Vehicle 25.0[Reserved] 30.0[Reserved] 40.0[Reserved] 50.0Contract 60.0[Reserved] 70.0Unlawful Detainer [See separate form DISC-003] 101 .OEconomic Litigation [See separate form DISC-004] 200.0Employment Law [See separate form DISC-002] Family Law [See separate form FL-145] DlSC-OO1 1.0 Identity of Persons Answering These Interrogatories 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- 2.1 State: (a) your name; (b) every name you have used in the past; and (c) the dates you used each name. 2.2 State the date and place of your birth. 2.3 At the time of the INCIDENT, did you have a driver's license? If so state: EE (a) the state or other issuing entity; (b) the license number and type; (c) the date of issuance; and (d) all restrictions.E 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. 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. 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. 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. 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. 2.9 Can you speak English with ease? If not, what language and dialect do you normally use? 2.10 Can you read and write English with ease? If not, what language and dialect do you normally use? DlSC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 2 of 8 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. 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. 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; (f) the name, ADDRESS, and telephone number of each person who was present when each substance was used or taken; and 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. (g) 3.0 General Background Information-Business EntityE 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 1O years and the dates each was used; the date and place of incorporation; (d) the ADDRESS ofthe principal place of business; and (e) whether you are qualified to do business in California. 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 1O years and the dates each was used; (C) (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 ofthe principal place of business.E 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 1O years and the date each was used; (C) (d) (e) the date and place of filing of the articles of organization; the ADDRESS ofthe principal place of business; and whether you are qualified to do business in California. DlSC-OO1 E 3.4 Are you a joint venture? If so, state: (a) (b) the currentjoint venture name; all other names used by the joint venture during the past 1O years and the dates each was used; the name and ADDRESS of each joint venturer; and the ADDRESS of the principal place of business. (C) (d) 3.5 Are you an unincorporated association? If so, state: (a) (b) the current unincorporated association name; all other names used by the unincorporated association during the past 1O years and the dates each was used; and (c) the ADDRESS of the principal place of business. 3.6 Have you done business under a fictitious name during the past 1O years? If so, for each fictitious name state: (a) (b) (C) (d) the ADDRESS of the principal place of business. 3.7 Within the past five years has any public entity registered or licensed your business? If so, for each license or registration: the name; the dates each was used; the state and county of each fictitious name filing; and (a) identify the license or registration; (b) state the name ofthe public entity; and (c) state the dates of issuance and expiration. 4.0 Insurance 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) (b) (C) the kind of coverage; the name and ADDRESS of the insurance company; the name, ADDRESS, and telephone number of each named insured; (d) (e) the policy number; the limits of coverage for each type of coverage contained in the policy; (f) whether any reservation of rights or controversy or coverage dispute exists between you and the insurance company; and the name, ADDRESS, and telephone number of the custodian of the policy. 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 (g) E 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).E 6.2 Identify each injury you attribute to the INCIDENT and the area of your body affected. DlSC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 3 of 8 E 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.E 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.E 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.E 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.E 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 DamageE 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-OO1 (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.E 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 E 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).E 8.2 State: (a) the nature of your work; (b) yourjob title at the time of the INCIDENT; and (c) the date your employment began.E 8.3 State the last date before the INCIDENT that you worked for compensation. E 8.4 State your monthly income at the time of the INCIDENT and how the amount was calculated. E 8.5 State the date you returned to work at each place of employment following the INCIDENT. E 8.6 State the dates you did not work and for which you lost income as a result of the INCIDENT. E 8.7 State the total income you have lost to date as a result of the INCIDENT and how the amount was calculated. E 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. DlSC-001 [Rev. January 1, 2008] FORM |NTERROGATORIES-GENERAL Page 4 of 8 DISC-OO1 9.0 Other Damages (c) the court, names of the parties, and case number of any action filed; (d) the name, ADDRESS, and telephone numberof any attorney representing you; (a) the nature; (e) whether the claim or action has been resolved or is pending; and (f) a description of the injury. E 9.1 Are there any other damages that you attribute to the INCIDENT? If so, for each item of damage state: (b) the date it occurred; (C) the amount; and E 11.2 In the past 1O years have you made a written claim or (d) the name, ADDRESS! and teIephone number of each demand for workers' compensation benefits? If so, for each PERSON to whom an obligation was incurred. Claim 0r demand State: I (a) the date, time, and place of the INCIDENT giving riseE 9].:2 Doltany DdeCUMENTSI §upzqrt lthte eXIstetncego: grnount t0 the Claim; o any I em o amages calme In In erroga ory . . so, describe each document and state the name, ADDRESS, (b) tehr: ?:meer’afiDhZTifiqseso’fatng itfiyfirphone number 0f your and telephone number of the PERSON who has each p y J y’ DOCUMENT_ (c) the name, ADDRESS, and telephone number of the workers’ compensation insurer and the claim number; 10'0 Med'ca' H'Story (d) the period of time during which you received workers’E 10.1 At any time before the INCIDENT did you have com- compensation benefits; plaints or injuries that involved the same part of your body (e) a description of the injury; . . . . 9 :Iaaérgligattzihave been Injured In the INCIDENT. If so, for (0 the name, ADDRESS, and telephone number of any ' HEALTH CARE PROVIDER who provided services; (a) a description ofthe complaint or injury; and (b) the dates it began and ended. and (g) the case number at the Workers’ Compensation Appeals Board. (c) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER whom you consulted or 12-0 '"VeStigati°"-Ge"era' who examined or treated you. 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; E 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. ) (b) ‘I’VNhC‘DIB‘ES:_a“Y Statement at the scene 0f the E 10-3 At any time after the INCIDENT! did YOU SUStain injuries (c) who heard any statements made about the INCIDENT of the kind for which you are now claiming damages? If so, by any individuaI at the scene; and for each incident giving rise to an injury state: (d) Who YOU OR ANYONE ACTING ON YOUR (a) the date and the mace it occurred; BEHALF claim has knowledge of the INCIDENT (except for expert witnesses covered by Code of Civil (b) tollfierlagEeéSAoDREE/ggggpd telephone number of any Procedure section 2034)_ ’ 12.2 Have YOU OR ANYONE ACTING ON YOUR (c) the nature of any injuries you sustained; BEHALF interviewed any individual concerning the (d) the name, ADDRESS, and telephone number of each INCIDENT? If 30’ for eaCh '“d'V'dua' State: HEALTH CARE PROVIDER who you consulted or who (a) _the_r1ame,_ADDRESS, and telephone number of the examined or treated you; and mleldual IHterVIGWGd; (b) the date of the interview; and (c) the name, ADDRESS, and telephone number of the 11.0 Other Claims and Previous Claims PERSON who conducted the interview. 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 (e) the nature of the treatment and its duration. E 11.1 Except for this action, in the past 1O 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 individual from whom the statement was obtained; ADDRESS or intersection) of the INCIDENT giving rise (b) the name, ADDRESS’ and telephone number Of the t0 the aetion’ Claim, 0r demand; individual who obtained the statement; (b) the name, ADDRESS, and telephone number of each (c) the date the statement was obtained; and PERSON againSt Whom the Claim 0r demand W33 (d) the name, ADDRESS, and telephone number of each made 0r the action filed; PERSON who has the original statement or a copy. DISC-001 [Rev. January 1, 2008] FORM |NTERROGATORIES-GENERAL Page sofa 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 plaintiff's 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. 12.5 Do YOU 0R ANYONE ACTING 0N 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. 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. 12.7 Have YOU 0R ANYONE ACTING 0N 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 ofthe inspection. 13.0 lnvestigation-SurveillanceE DlSC-001 [Rev. January 1, 2008] 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 surveillance 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-OO1 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 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. 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 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 ofthe PERSON who has each DOCUMENT. 16.0 Defendant’s Contentions-Personal InjuryE 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.E 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. FORM INTERROGATORIES-GENERAL Page6of8 E 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. 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. 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. DlSC-001E 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; state all facts upon which you base your contention; (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.E 16.9 Do YOU 0R 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.E 16.10 Do YOU 0R 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 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 VehicleE 20.1 State the date, time, and place ofthe INCIDENT (closest street ADDRESS or intersection).E 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 dflven DlSC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 7 ofs DD (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. 20.3 State the ADDRESS and location where your trip began and the ADDRESS and location of your destination. 20.4 Describe the route that you followed from the beginning of your trip to the location ofthe INCIDENT, and state the location of each stop, other than routine traffic stops, during the trip leading up to the INCIDENT. 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. 20.6 Did the INCIDENT occur at an intersection? If so, describe all traffic control devices, signals, or signs at the intersection. 20.7 Was there a traffic signal facing you at the time of the INCIDENT? If so, state: (a) (b) (C) (d) your location when you first saw it; the color; the number of seconds it had been that color; and whether the color changed between the time you first saw it and the INCIDENT. 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 ofthe INCIDENT; and (c) just after the INCIDENT. 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. 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 E DISC-001 (d) state the name, ADDRESS, and telephone number of each PERSON who has custody of each defective part. 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. 25.0 [Reserved] 30.0 [Reserved] 40.0 [Reserved] 50.0 Contract I 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; 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; 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; 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 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. (b) (C) (d) (e) (0 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 oftermination, and the basis of the termination. 50.5 Is any agreement alleged in the pleadings unenforceable? 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. 60.0 [Reserved] DlSC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 8 of 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4850-7807-2826v1 JBORGER\28568002 JOSHUA BORGER, CA STATE BAR N0. 23 1 951 BERLINER COHEN, LLP TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN JOSE, CALIFORNIA 951 13-2233 TELEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 joshua.borger@berliner.com ATTORNEYS FOR PLAINTIFF NORTHPOINT CAPITAL FUND, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA NORTHPOINT CAPITAL FUND, LLC, a CASE NO. 21CV381025 Delaware limited liability company, PLAINTIFF NORTHPOINT CAPITAL Plaintiff, FUND, LLC’S REQUESTS FOR PRODUCTION OF DOCUMENTS, SET V. ONE, TO DEFENDANT EAGLE HOME LOANS AND INVESTMENT, LLC JAMES MCCLENAHAN; SAUL FLORES; EAGLE HOME LOANS AND INVESTMENT, LLC; IRON SPRINGS DEVELOPMENT, LLC; and DOES 1 through 25, inclusive, Case Filed: March 23, 2021 Defendant. DEMANDING PARTY: PLAINTIFF NORTHPOINT CAPITAL FUND, LLC RESPONDING PARTY: DEFENDANT EAGLE HOME LOANS AND INVESTMENT, LLC SET NO.: ONE NORTHPOINT CAPITAL FUND, LLC demands, under California Code 0fCivil Procedure section 203 1 .030, that EAGLEHOME LOANS AND INVESTMENT, LLC produce the documents and other things described below for inspection and copying at the offices of Berliner Cohen, Ten Almaden Boulevard, Eleventh Floor, San Jose, California 951 13. EAGLE HOME LOANS AND INVESTMENT, LLC is further requested t0 respond to this Request Within thirty days 0f service of this Request as is required by California Code 0f Civil Procedure section 203 1 .260. -1- REQUEST FOR PRODUCTION 0F DOCUMENTS T0 EAGLE HOME LOANS AND INVESTMENT, LLC, SET ONE 4850-7807-2826v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFINITIONS AND INSTRUCTIONS A. The term “PERSON” includes any natural person, including, but not limited t0, any custodian 0frecords, firm, association, partnership, joint venture, corporation, related 0r associated company, trust 0r other form 0f legal entity. B. The term “WITNESSES” includes any and all persons having knowledge 0f, pertaining to, relating t0, or touching upon the item in question. C. The term “FACTS” includes all circumstances, events and evidence pertaining t0, relating to 0r touching upon the item in question. D. “DOCUMENT” means a writing and refers t0 handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical 0r electronic recording and every other means ofrecording upon any tangible thing, including letters, words, numbers, pictures, sounds, 0r symbols, 0r combinations thereof, including, but not limited t0, Videotapes, magnetic, read-only memory, 0r optical recordings, computer disks, and electronic mail messages. Without limitation of the term “control,” a DOCUMENT is deemed to be in your control if you have the right to secure the DOCUMENT 0r a copy thereof from another person 0r public or private entity having actual possession thereof. If a DOCUMENT is responsive t0 a request for identification and is in your control, but is not in your possession or custody, identify the person With possession 0r custody. If copies of a DOCUMENT have been prepared and the copies are not identical (0r have undergone alteration by the addition 0r deletion 0f notations or other modifications), each non- identical copy is a separate “DOCUMENT.” E. The term “STATEMENT” means any oral, written, stenographic 0r recorded declaration 0f any type 0r description. F. The term “CORRESPONDENCE” means, unless otherwise specified, any transfer 0f information, ideas, opinions 0r thoughts by any means at any time 0r place under any circumstances and is not limited to transfers between persons but includes other transfers, such as records and memoranda t0 file. The term “CORRESPONDENCE” includes the following: -2- REQUEST FOR PRODUCTION 0F DOCUMENTS T0 EAGLE HOME LOANS AND INVESTMENT, LLC, SET ONE 4850-7807-2826v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) Any written letter, memorandum, or other DOCUMENT Which was sent by one or more individuals to another; (2) Any telephone call between one or more individuals and another, whether or not such call was by chance 0r prearranged, formal 0r informal; (3) Any conversation 0r meeting between one 0r more individuals and another, whether or not such contact was by chance 0r prearranged, formal 0r informal. G. The words “REPRESENTATIVE” 0r “REPRESENTATIVES” refer to and include any person Who acts, has at any time acted, 0r has at any time by any person been requested 0r solicited t0 act, atYOUR request, forYOUR benefit, 0r 0nYOUR behalf; or one who acts or has at any time acted with YOUR knowledge, consent, 0r acquiescence. H. “ANY” or “EACH” shall include and encompass “all” and “every.” I. “HE” (and its derivatives) shall include and encompass “SHE” and “IT” (and their respective derivatives). J. “OR” shall include and encompass “and” and “AND” shall be understood t0 include “0r.” K. The terms “RELATE” 0r “RELATING TO” include referring to, alluding t0, responding t0, regarding, discussing, showing, describing, reflecting, analyzing, constituting, including, mentioning, in respect of, 0r about. L. If a request calls for the production 0f a DOCUMENT that has already been produced, it Will be sufficient to describe the responsive DOCUMENT Which has already been produced. M. If, after exercising due diligence t0 obtain the items requested, YOU cannot or will not produce all 0f the DOCUMENTS requested herein, Whether because of privilege or otherwise, YOUR Response should include the following: (1) A statement that YOUR production is 0r will be incomplete; (2) A specification 0f which request 0r subpart thereof for which YOU will be unable 0r unwilling t0 produce; and -3- REQUEST FOR PRODUCTION 0F DOCUMENTS T0 EAGLE HOME LOANS AND INVESTMENT, LLC, SET ONE 4850-7807-2826v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) A statement of the facts and/or grounds upon Which YOU rely t0 support YOUR contention that YOU are not able and/or should not be compelled to produce completely. N. IfYOU or YOUR REPRESENTATIVE asserts that any document required to be produced is privileged or otherwise protected from discovery, YOUR Response should include the following: (1) The place, approximate date, and manner ofrecording 0r otherwise preparing the document; (2) The name and organizational position, if any, ofeach sender ofthe document; (3) The name and organizational position, if any, 0f each recipient 0f the document; (4) The name and organizational position, if any, 0f each person (other than stenographic or clerical assistance) participating in the preparation of the document; (5) The name and organizational position, if any, of each person t0 whom the contents of the document 0r any portion thereof have heretofore been communicated by copy, exhibition, reading or substantial summarization; (6) A statement 0f the basis 0n Which privilege is claimed With respect t0 each document and Whether 0r not the contents 0f each document are limited solely t0 legal advice or information provided for the purpose of securing legal advice; (7) The number of the demand t0 Which the document is responsive; and (8) The identity and organizational position, if any, ofeach person supplying the author ofyour response hereto With the information requested in subsections (1) through (7) above. O. Pursuant t0 Code of Civil Procedure section 203 1 .030, the request for production 0f documents embodied herein shall be deemed continuous up t0 and following the date 0f your deposition such that any document requested herein which is either discovered by you or comes Within your possession, custody or control subsequent t0 your initial production but prior t0 the final conclusion 0f this case should be produced immediately upon its discovery 0r receipt. P. The phase “EL RIO PROPERTIES” shall refer to the real properties located at 925 and 929 E1 Rio Drive, San Jose, California, collectively. -4- REQUEST FOR PRODUCTION 0F DOCUMENTS T0 EAGLE HOME LOANS AND INVESTMENT, LLC, SET ONE 4850-7807-2826v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DOCUMENTS TO PRODUCE REQUEST FOR PRODUCTION NO. 1: A11 DOCUMENTS related to the installment note between PlaintiffNorthpoint Capital Fund, LLC and Defendants Eagle Home Loans and Investment, LLC and Iron Springs Development, LLC, which was entered into on August 18, 2018. REQUEST FOR PRODUCTION NO. 2: A11 CORRESPONDENCE related to the installment note between Plaintiff Northpoint Capital Fund, LLC and Defendants Eagle Home Loans and Investment, LLC and Iron Springs Development, LLC, Which was entered into 0n August 18, 2018. REQUEST FOR PRODUCTION NO. 3: A11 DOCUMENTS identifying the managers of Eagle Home Loans and Investment, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 4: A11 DOCUMENTS identifying the members 0f Eagle Home Loans and Investment, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 5: A11 DOCUMENTS identifying the managers 0f Iron Springs Development, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 6: A11 DOCUMENTS identifying the members ofIron Springs Development, LLC from August 18, 2018, to the present. REQUEST FOR PRODUCTION NO. 7: A11 articles of incorporation for Eagle Home Loans and Investment, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 8: A11 bylaws for Eagle Home Loans and Investment, LLC from August 18, 2018, t0 the present. -5- REQUEST FOR PRODUCTION 0F DOCUMENTS T0 EAGLE HOME LOANS AND INVESTMENT, LLC, SET ONE 4850-7807-2826v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR PRODUCTION NO. 9: A11 membership agreements for Eagle Home Loans and Investment, LLC from August 18, 2018, to the present. REQUEST FOR PRODUCTION NO. 10: A11 articles 0f incorporation for Iron Springs Development, LLC from August 18, 2018, to the present. REQUEST FOR PRODUCTION NO. 11: A11 bylaws for Iron Springs Development, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 12: A11 membership agreements for Iron Springs Development, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 13: A11 DOCUMENTS related to the installment note between Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC dated March 28, 20 1 9. REQUEST FOR PRODUCTION NO. 14: A11 CORRESPONDENCE related t0 the installment note between Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC dated March 28, 20 1 9. REQUEST FOR PRODUCTION NO. 15: A11 DOCUMENTS related to the installment note between Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC dated May 1, 2019. REQUEST FOR PRODUCTION NO. 16: A11 CORRESPONDENCE related t0 the installment note between Northpoint Capital Fund, LLC, Eagle Home Loans, and Iron Springs Development, LLC dated May 1, 2019. REQUEST FOR PRODUCTION NO. 17: A11 DOCUMENTS related t0 any amounts paid by Eagle Home Loans and Investment, LLC t0 Northpoint Capital Fund, LLC under the terms 0f any installment note. -6- REQUEST FOR PRODUCTION 0F DOCUMENTS T0 EAGLE HOME LOANS AND INVESTMENT, LLC, SET ONE 4850-7807-2826v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR PRODUCTION NO. 18: A11 CORRESPONDENCE related t0 any amounts paid by Eagle Home Loans and Investment, LLC to Northpoint Capital Fund, LLC under the terms of any installment note. REQUEST FOR PRODUCTION NO. 19: A11 DOCUMENTS related t0 any amounts paid by Iron Springs Development, LLC t0 Northpoint Capital Fund, LLC under the terms 0f any installment note. REQUEST FOR PRODUCTION NO. 20: A11 CORRESPONDENCE related t0 any amounts paid by Iron Springs Development, LLC t0 Northpoint Capital Fund, LLC under the terms of any installment note. REQUEST FOR PRODUCTION NO. 21: A11 CORRESPONDENCE between Eagle Home Loans and Investment, LLC and any PERSON related t0 Northpoint Capital Fund, LLC’s attempt t0 foreclose on the Deed 0f Trust. REQUEST FOR PRODUCTION NO. 22: A11 CORRESPONDENCE between Iron Springs Development, LLC and any PERSON related to Northpoint Capital Fund, LLC’s attempt to foreclose on the Deed 0f Trust. REQUEST FOR PRODUCTION NO. 23: A11 DOCUMENTS related to Northpoint Capital Fund, LLC’s attempt to foreclose 0n the Deed of Trust. REQUEST FOR PRODUCTION NO. 24: A11 CORRESPONDENCE related to Northpoint Capital Fund, LLC’s attempt t0 foreclose on the Deed of Trust. REQUEST FOR PRODUCTION NO. 25: A11 contracts executed by James McClenahan that he later claimed contained a usury interest rate. REQUEST FOR PRODUCTION NO. 26: A11 contracts executed by Saul Flores that he later claimed contained a usury interest rate. -7- REQUEST FOR PRODUCTION 0F DOCUMENTS T0 EAGLE HOME LOANS AND INVESTMENT, LLC, SET ONE 4850-7807-2826v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR PRODUCTION NO. 27: A11 contracts executed by Eagle Home Loans and Investments, LLC that it later claimed contained a usury interest rate. REQUEST FOR PRODUCTION NO. 28: A11 contracts executed by Iron Springs Development, LLC that it later claimed contained a usury interest rate. REQUEST FOR PRODUCTION NO. 29: A11 DOCUMENTS related t0 any lawsuit in Which James McClenahan, Saul Flores, Iron Springs Development, LLC, and/or Eagle Home Loans and Investments, LLC claimed that a contract contained a usury interest rate. DATED: SEPTEMBER 13, 2021 BERLINER COHEN,LLP BY: gag 5 I \ JOSHLéBefiGER \ ATTORNEYS FOR PLAINTI NORTHPOINT CAPITAL FUND. LLC -8- REQUEST FOR PRODUCTION OF DOCUMENTS TO EAGLE HOME LOANS AND INVESTMENT, LLC, SET ONE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4842-4764-2614v4 JBORGER\28568002 JOSHUA BORGER, CA STATE BAR N0. 23 1 951 BERLINER COHEN, LLP TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN JOSE, CALIFORNIA 951 13-2233 TELEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 joshua.borger@berliner.com ATTORNEYS FOR PLAINTIFF NORTHPOINT CAPITAL FUND, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA NORTHPOINT CAPITAL FUND, LLC, a CASE NO. 21CV381025 Delaware limited liability company, PLAINTIFF NORTHPOINT CAPITAL Plaintiff, FUND, LLC’S REQUESTS FOR PRODUCTION OF DOCUMENTS, SET V. ONE, TO DEFENDANT IRON SPRINGS DEVELOPMENT, LLC JAMES MCCLENAHAN; SAUL FLORES; EAGLE HOME LOANS AND INVESTMENT, LLC; IRON SPRINGS DEVELOPMENT, LLC; and DOES 1 through 25, inclusive, Case Filed: March 23, 2021 Defendant. DEMANDING PARTY: PLAINTIFF NORTHPOINT CAPITAL FUND, LLC RESPONDING PARTY: DEFENDANT IRON SPRINGS DEVELOPMENT, LLC SET NO.: ONE NORTHPOINT CAPITAL FUND, LLC demands, under California Code 0fCivil Procedure section 203 1 .030, that IRON SPRINGS DEVELOPMENT, LLC produce the documents and other things described below for inspection and copying at the offices of Berliner Cohen, Ten Almaden Boulevard, Eleventh Floor, San Jose, California 951 13. IRON SPRINGS DEVELOPMENT, LLC is further requested t0 respond t0 this Request Within thirty days of service of this Request as is required by California Code 0f Civil Procedure section 203 1 .260. //// -1- REQUEST FOR PRODUCTION 0F DOCUMENTS T0 IRON SPRINGS DEVELOPMENT, LLC, SET ONE 4842-4764-2614v4 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFINITIONS AND INSTRUCTIONS A. The term “PERSON” includes any natural person, including, but not limited t0, any custodian 0frecords, firm, association, partnership, joint venture, corporation, related 0r associated company, trust 0r other form 0f legal entity. B. The term “WITNESSES” includes any and all persons having knowledge 0f, pertaining to, relating t0, or touching upon the item in question. C. The term “FACTS” includes all circumstances, events and evidence pertaining t0, relating to 0r touching upon the item in question. D. “DOCUMENT” means a writing and refers t0 handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical 0r electronic recording and every other means ofrecording upon any tangible thing, including letters, words, numbers, pictures, sounds, 0r symbols, 0r combinations thereof, including, but not limited t0, Videotapes, magnetic, read-only memory, 0r optical recordings, computer disks, and electronic mail messages. Without limitation of the term “control,” a DOCUMENT is deemed to be in your control if you have the right to secure the DOCUMENT 0r a copy thereof from another person 0r public or private entity having actual possession thereof. If a DOCUMENT is responsive t0 a request for identification and is in your control, but is not in your possession or custody, identify the person With possession 0r custody. If copies of a DOCUMENT have been prepared and the copies are not identical (0r have undergone alteration by the addition 0r deletion 0f notations or other modifications), each non- identical copy is a separate “DOCUMENT.” E. The term “STATEMENT” means any oral, written, stenographic 0r recorded declaration 0f any type 0r description. F. The term “CORRESPONDENCE” means, unless otherwise specified, any transfer 0f information, ideas, opinions 0r thoughts by any means at any time 0r place under any circumstances and is not limited to transfers between persons but includes other transfers, such as records and memoranda t0 file. The term “CORRESPONDENCE” includes the following: -2- REQUEST FOR PRODUCTION 0F DOCUMENTS T0 IRON SPRINGS DEVELOPMENT, LLC, SET ONE 4842-4764-2614v4 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) Any written letter, memorandum, or other DOCUMENT Which was sent by one or more individuals to another; (2) Any telephone call between one or more individuals and another, whether or not such call was by chance 0r prearranged, formal 0r informal; (3) Any conversation 0r meeting between one 0r more individuals and another, whether or not such contact was by chance 0r prearranged, formal 0r informal. G. The words “REPRESENTATIVE” 0r “REPRESENTATIVES” refer to and include any person Who acts, has at any time acted, 0r has at any time by any person been requested 0r solicited t0 act, atYOUR request, forYOUR benefit, 0r 0nYOUR behalf; or one who acts or has at any time acted with YOUR knowledge, consent, 0r acquiescence. H. “ANY” or “EACH” shall include and encompass “all” and “every.” I. “HE” (and its derivatives) shall include and encompass “SHE” and “IT” (and their respective derivatives). J. “OR” shall include and encompass “and” and “AND” shall be understood t0 include “0r.” K. The terms “RELATE” 0r “RELATING TO” include referring to, alluding t0, responding t0, regarding, discussing, showing, describing, reflecting, analyzing, constituting, including, mentioning, in respect of, 0r about. L. If a request calls for the production 0f a DOCUMENT that has already been produced, it Will be sufficient to describe the responsive DOCUMENT Which has already been produced. M. If, after exercising due diligence t0 obtain the items requested, YOU cannot or will not produce all 0f the DOCUMENTS requested herein, Whether because of privilege or otherwise, YOUR Response should include the following: (1) A statement that YOUR production is 0r will be incomplete; (2) A specification 0f which request 0r subpart thereof for which YOU will be unable 0r unwilling t0 produce; and -3- REQUEST FOR PRODUCTION 0F DOCUMENTS T0 IRON SPRINGS DEVELOPMENT, LLC, SET ONE 4842-4764-2614v4 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) A statement of the facts and/or grounds upon Which YOU rely t0 support YOUR contention that YOU are not able and/or should not be compelled to produce completely. N. IfYOU or YOUR REPRESENTATIVE asserts that any document required to be produced is privileged or otherwise protected from discovery, YOUR Response should include the following: (1) The place, approximate date, and manner ofrecording 0r otherwise preparing the document; (2) The name and organizational position, if any, ofeach sender ofthe document; (3) The name and organizational position, if any, 0f each recipient 0f the document; (4) The name and organizational position, if any, 0f each person (other than stenographic or clerical assistance) participating in the preparation of the document; (5) The name and organizational position, if any, of each person t0 whom the contents of the document 0r any portion thereof have heretofore been communicated by copy, exhibition, reading or substantial summarization; (6) A statement 0f the basis 0n Which privilege is claimed With respect t0 each document and Whether 0r not the contents 0f each document are limited solely t0 legal advice or information provided for the purpose of securing legal advice; (7) The number of the demand t0 Which the document is responsive; and (8) The identity and organizational position, if any, 0feach person supplying the author ofyour response hereto With the information requested in subsections (1) through (7) above. O. Pursuant t0 Code of Civil Procedure section 203 1 .030, the request for production 0f documents embodied herein shall be deemed continuous up t0 and following the date 0f your deposition such that any document requested herein which is either discovered by you or comes Within your possession, custody or control subsequent t0 your initial production but prior t0 the final conclusion 0f this case should be produced immediately upon its discovery 0r receipt. P. The phase “EL RIO PROPERTIES” shall refer to the real properties located at 925 and 929 E1 Rio Drive, San Jose, California, collectively. -4- REQUEST FOR PRODUCTION 0F DOCUMENTS T0 IRON SPRINGS DEVELOPMENT, LLC, SET ONE 4842-4764-2614v4 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DOCUMENTS TO PRODUCE REQUEST FOR PRODUCTION NO. 1: A11 DOCUMENTS related to the installment note between PlaintiffNorthpoint Capital Fund, LLC and Defendants Eagle Home Loans and Investment, LLC and Iron Springs Development, LLC, which was entered into on August 18, 2018. REQUEST FOR PRODUCTION NO. 2: A11 CORRESPONDENCE related to the installment note between Plaintiff Northpoint Capital Fund, LLC and Defendants Eagle Home Loans and Investment, LLC and Iron Springs Development, LLC, Which was entered into 0n August 18, 2018. REQUEST FOR PRODUCTION NO. 3: A11 DOCUMENTS identifying the managers of Eagle Home Loans and Investment, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 4: A11 DOCUMENTS identifying the members 0f Eagle Home Loans and Investment, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 5: A11 DOCUMENTS identifying the managers 0f Iron Springs Development, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 6: A11 DOCUMENTS identifying the members ofIron Springs Development, LLC from August 18, 2018, to the present. REQUEST FOR PRODUCTION NO. 7: A11 articles of incorporation for Eagle Home Loans and Investment, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 8: A11 bylaws for Eagle Home Loans and Investment, LLC from August 18, 2018, t0 the present. -5- REQUEST FOR PRODUCTION 0F DOCUMENTS T0 IRON SPRINGS DEVELOPMENT, LLC, SET ONE 4842-4764-2614v4 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR PRODUCTION NO. 9: A11 membership agreements for Eagle Home Loans and Investment, LLC from August 18, 2018, to the present. REQUEST FOR PRODUCTION NO. 10: A11 articles 0f incorporation for Iron Springs Development, LLC from August 18, 2018, to the present. REQUEST FOR PRODUCTION NO. 11: A11 bylaws for Iron Springs Development, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 12: A11 membership agreements for Iron Springs Development, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 13: A11 DOCUMENTS related to the installment note between Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC dated March 28, 20 1 9. REQUEST FOR PRODUCTION NO. 14: A11 CORRESPONDENCE related t0 the installment note between Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC dated March 28, 20 1 9. REQUEST FOR PRODUCTION NO. 15: A11 DOCUMENTS related to the installment note between Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC dated May 1, 2019. REQUEST FOR PRODUCTION NO. 16: A11 CORRESPONDENCE related t0 the installment note between Northpoint Capital Fund, LLC, Eagle Home Loans, and Iron Springs Development, LLC dated May 1, 2019. REQUEST FOR PRODUCTION NO. 17: A11 DOCUMENTS related t0 any amounts paid by Eagle Home Loans and Investment, LLC t0 Northpoint Capital Fund, LLC under the terms 0f any installment note. -6- REQUEST FOR PRODUCTION 0F DOCUMENTS T0 IRON SPRINGS DEVELOPMENT, LLC, SET ONE 4842-4764-2614v4 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR PRODUCTION NO. 18: A11 CORRESPONDENCE related t0 any amounts paid by Eagle Home Loans and Investment, LLC to Northpoint Capital Fund, LLC under the terms of any installment note. REQUEST FOR PRODUCTION NO. 19: A11 DOCUMENTS related t0 any amounts paid by Iron Springs Development, LLC t0 Northpoint Capital Fund, LLC under the terms 0f any installment note. REQUEST FOR PRODUCTION NO. 20: A11 CORRESPONDENCE related t0 any amounts paid by Iron Springs Development, LLC t0 Northpoint Capital Fund, LLC under the terms of any installment note. REQUEST FOR PRODUCTION NO. 21: A11 CORRESPONDENCE between Eagle Home Loans and Investment, LLC and any PERSON related t0 Northpoint Capital Fund, LLC’s attempt t0 foreclose on the Deed 0f Trust. REQUEST FOR PRODUCTION NO. 22: A11 CORRESPONDENCE between Iron Springs Development, LLC and any PERSON related to Northpoint Capital Fund, LLC’s attempt to foreclose on the Deed 0f Trust. REQUEST FOR PRODUCTION NO. 23: A11 DOCUMENTS related to Northpoint Capital Fund, LLC’s attempt to foreclose 0n the Deed of Trust. REQUEST FOR PRODUCTION NO. 24: A11 CORRESPONDENCE related to Northpoint Capital Fund, LLC’s attempt t0 foreclose on the Deed of Trust. REQUEST FOR PRODUCTION NO. 25: A11 contracts executed by James McClenahan that he later claimed contained a usury interest rate. REQUEST FOR PRODUCTION NO. 26: A11 contracts executed by Saul Flores that he later claimed contained a usury interest rate. -7- REQUEST FOR PRODUCTION 0F DOCUMENTS T0 IRON SPRINGS DEVELOPMENT, LLC, SET ONE 4842-4764-261 4V4 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR PRODUCTION NO. 27: A11 contracts executed by Eagle Home Loans and Investments, LLC that it later claimed contained a usury interest rate. REQUEST FOR PRODUCTION NO. 28: A11 contracts executed by Iron Springs Development, LLC that it later claimed contained a usury interest rate. REQUEST FOR PRODUCTION NO. 29: A11 DOCUMENTS related to any lawsuit in Which James McClenahan, Saul Flores, Iron Springs Development, LLC, and/or Eagle Home Loans and Investments, LLC claimed that a contract contained a usury interest rate. DATED: SEPTEMBER 13, 2021 BERLINER COHEN, LLP / JoséLArBORGER $ \ATTORNEYS FOR PLA IFF NORTHPOINT CAPITAL FUND. LLC -8- REQUEST FOR PRODUCTION OF DOCUMENTS TO IRON SPRINGS DEVELOPMENT, LLC, SET ONE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4827-8083-941 8V1 JBORGER\28568002 JOSHUA BORGER, CA STATE BAR N0. 23 1 951 BERLINER COHEN, LLP TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN JOSE, CALIFORNIA 951 13-2233 TELEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 joshua.borger@berliner.com ATTORNEYS FOR PLAINTIFF NORTHPOINT CAPITAL FUND, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA NORTHPOINT CAPITAL FUND, LLC, a CASE NO. 21CV381025 Delaware limited liability company, PLAINTIFF NORTHPOINT CAPITAL Plaintiff, FUND, LLC’S REQUESTS FOR PRODUCTION OF DOCUMENTS, SET V. ONE, TO DEFENDANT JAMES MCCLENAHAN JAMES MCCLENAHAN; SAUL FLORES; EAGLE HOME LOANS AND INVESTMENT, LLC; IRON SPRINGS DEVELOPMENT, LLC; and DOES 1 through 25, inclusive, Case Filed: March 23, 2021 Defendant. DEMANDING PARTY: PLAINTIFF NORTHPOINT CAPITAL FUND, LLC RESPONDING PARTY: DEFENDANT JAMES MCCLENAHAN SET NO.: ONE NORTHPOINT CAPITAL FUND, LLC demands, under California Code 0fCivil Procedure section 203 1 .030, that JAMES MCCLENAHAN produce the documents and other things described below for inspection and copying at the offices 0f Berliner Cohen, Ten Almaden Boulevard, Eleventh Floor, San Jose, California 95113. JAMES MCCLENAHAN is further requested to respond t0 this Request Within thirty days 0f service of this Request as is required by California Code 0f Civil Procedure section 2031.260. //// -1- REQUEST FOR PRODUCTION 0F DOCUMENTS To JAMES MCCLENAHAN, SET ONE 4827-8083-941 8V1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFINITIONS AND INSTRUCTIONS A. The term “PERSON” includes any natural person, including, but not limited t0, any custodian 0frecords, firm, association, partnership, joint venture, corporation, related 0r associated company, trust 0r other form 0f legal entity. B. The term “WITNESSES” includes any and all persons having knowledge 0f, pertaining to, relating t0, or touching upon the item in question. C. The term “FACTS” includes all circumstances, events and evidence pertaining t0, relating to 0r touching upon the item in question. D. “DOCUMENT” means a writing and refers t0 handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical 0r electronic recording and every other means ofrecording upon any tangible thing, including letters, words, numbers, pictures, sounds, 0r symbols, 0r combinations thereof, including, but not limited t0, Videotapes, magnetic, read-only memory, 0r optical recordings, computer disks, and electronic mail messages. Without limitation of the term “control,” a DOCUMENT is deemed to be in your control if you have the right to secure the DOCUMENT 0r a copy thereof from another person 0r public or private entity having actual possession thereof. If a DOCUMENT is responsive t0 a request for identification and is in your control, but is not in your possession or custody, identify the person With possession 0r custody. If copies of a DOCUMENT have been prepared and the copies are not identical (0r have undergone alteration by the addition 0r deletion 0f notations or other modifications), each non- identical copy is a separate “DOCUMENT.” E. The term “STATEMENT” means any oral, written, stenographic 0r recorded declaration 0f any type 0r description. F. The term “CORRESPONDENCE” means, unless otherwise specified, any transfer 0f information, ideas, opinions 0r thoughts by any means at any time 0r place under any circumstances and is not limited to transfers between persons but includes other transfers, such as records and memoranda t0 file. The term “CORRESPONDENCE” includes the following: -2- REQUEST FOR PRODUCTION 0F DOCUMENTS To JAMES MCCLENAHAN, SET ONE 4827-8083-941 8V1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) Any written letter, memorandum, or other DOCUMENT Which was sent by one or more individuals to another; (2) Any telephone call between one or more individuals and another, whether or not such call was by chance 0r prearranged, formal 0r informal; (3) Any conversation 0r meeting between one 0r more individuals and another, whether or not such contact was by chance 0r prearranged, formal 0r informal. G. The words “REPRESENTATIVE” 0r “REPRESENTATIVES” refer to and include any person Who acts, has at any time acted, 0r has at any time by any person been requested 0r solicited t0 act, atYOUR request, forYOUR benefit, 0r 0nYOUR behalf; or one who acts or has at any time acted with YOUR knowledge, consent, 0r acquiescence. H. “ANY” or “EACH” shall include and encompass “all” and “every.” I. “HE” (and its derivatives) shall include and encompass “SHE” and “IT” (and their respective derivatives). J. “OR” shall include and encompass “and” and “AND” shall be understood t0 include “0r.” K. The terms “RELATE” 0r “RELATING TO” include referring to, alluding t0, responding t0, regarding, discussing, showing, describing, reflecting, analyzing, constituting, including, mentioning, in respect of, 0r about. L. If a request calls for the production 0f a DOCUMENT that has already been produced, it Will be sufficient to describe the responsive DOCUMENT Which has already been produced. M. If, after exercising due diligence t0 obtain the items requested, YOU cannot or will not produce all 0f the DOCUMENTS requested herein, Whether because of privilege or otherwise, YOUR Response should include the following: (1) A statement that YOUR production is 0r will be incomplete; (2) A specification 0f which request 0r subpart thereof for which YOU will be unable 0r unwilling t0 produce; and -3- REQUEST FOR PRODUCTION 0F DOCUMENTS To JAMES MCCLENAHAN, SET ONE 4827-8083-941 8V1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) A statement of the facts and/or grounds upon Which YOU rely t0 support YOUR contention that YOU are not able and/or should not be compelled to produce completely. N. IfYOU or YOUR REPRESENTATIVE asserts that any document required to be produced is privileged or otherwise protected from discovery, YOUR Response should include the following: (1) The place, approximate date, and manner ofrecording 0r otherwise preparing the document; (2) The name and organizational position, if any, ofeach sender ofthe document; (3) The name and organizational position, if any, 0f each recipient 0f the document; (4) The name and organizational position, if any, 0f each person (other than stenographic or clerical assistance) participating in the preparation of the document; (5) The name and organizational position, if any, of each person t0 whom the contents of the document 0r any portion thereof have heretofore been communicated by copy, exhibition, reading or substantial summarization; (6) A statement 0f the basis 0n Which privilege is claimed With respect t0 each document and Whether 0r not the contents 0f each document are limited solely t0 legal advice or information provided for the purpose of securing legal advice; (7) The number of the demand t0 Which the document is responsive; and (8) The identity and organizational position, if any, ofeach person supplying the author ofyour response hereto With the information requested in subsections (1) through (7) above. O. Pursuant t0 Code of Civil Procedure section 203 1 .030, the request for production 0f documents embodied herein shall be deemed continuous up t0 and following the date 0f your deposition such that any document requested herein which is either discovered by you or comes Within your possession, custody or control subsequent t0 your initial production but prior t0 the final conclusion 0f this case should be produced immediately upon its discovery 0r receipt. P. The phase “EL RIO PROPERTIES” shall refer to the real properties located at 925 and 929 E1 Rio Drive, San Jose, California, collectively. -4- REQUEST FOR PRODUCTION 0F DOCUMENTS To JAMES MCCLENAHAN, SET ONE 4827-8083-941 8V1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DOCUMENTS TO PRODUCE REQUEST FOR PRODUCTION NO. 1: A11 DOCUMENTS related to the installment note between PlaintiffNorthpoint Capital Fund, LLC and Defendants Eagle Home Loans and Investment, LLC and Iron Springs Development, LLC, which was entered into on August 18, 2018. REQUEST FOR PRODUCTION NO. 2: A11 CORRESPONDENCE related to the installment note between Plaintiff Northpoint Capital Fund, LLC and Defendants Eagle Home Loans and Investment, LLC and Iron Springs Development, LLC, Which was entered into 0n August 18, 2018. REQUEST FOR PRODUCTION NO. 3: A11 DOCUMENTS identifying the managers of Eagle Home Loans and Investment, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 4: A11 DOCUMENTS identifying the members 0f Eagle Home Loans and Investment, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 5: A11 DOCUMENTS identifying the managers 0f Iron Springs Development, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 6: A11 DOCUMENTS identifying the members ofIron Springs Development, LLC from August 18, 2018, to the present. REQUEST FOR PRODUCTION NO. 7: A11 articles of incorporation for Eagle Home Loans and Investment, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 8: A11 bylaws for Eagle Home Loans and Investment, LLC from August 18, 2018, t0 the present. -5- REQUEST FOR PRODUCTION 0F DOCUMENTS To JAMES MCCLENAHAN, SET ONE 4827-8083-941 8V1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR PRODUCTION NO. 9: A11 membership agreements for Eagle Home Loans and Investment, LLC from August 18, 2018, to the present. REQUEST FOR PRODUCTION NO. 10: A11 articles 0f incorporation for Iron Springs Development, LLC from August 18, 2018, to the present. REQUEST FOR PRODUCTION NO. 11: A11 bylaws for Iron Springs Development, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 12: A11 membership agreements for Iron Springs Development, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 13: A11 DOCUMENTS related to the installment note between Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC dated March 28, 20 1 9. REQUEST FOR PRODUCTION NO. 14: A11 CORRESPONDENCE related t0 the installment note between Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC dated March 28, 20 1 9. REQUEST FOR PRODUCTION NO. 15: A11 DOCUMENTS related to the installment note between Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC dated May 1, 2019. REQUEST FOR PRODUCTION NO. 16: A11 CORRESPONDENCE related t0 the installment note between Northpoint Capital Fund, LLC, Eagle Home Loans, and Iron Springs Development, LLC dated May 1, 2019. REQUEST FOR PRODUCTION NO. 17: A11 DOCUMENTS related t0 any amounts paid by Eagle Home Loans and Investment, LLC t0 Northpoint Capital Fund, LLC under the terms 0f any installment note. -6- REQUEST FOR PRODUCTION 0F DOCUMENTS To JAMES MCCLENAHAN, SET ONE 4827-8083-941 8V1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR PRODUCTION NO. 18: A11 CORRESPONDENCE related t0 any amounts paid by Eagle Home Loans and Investment, LLC to Northpoint Capital Fund, LLC under the terms of any installment note. REQUEST FOR PRODUCTION NO. 19: A11 DOCUMENTS related t0 any amounts paid by Iron Springs Development, LLC t0 Northpoint Capital Fund, LLC under the terms 0f any installment note. REQUEST FOR PRODUCTION NO. 20: A11 CORRESPONDENCE related t0 any amounts paid by Iron Springs Development, LLC t0 Northpoint Capital Fund, LLC under the terms of any installment note. REQUEST FOR PRODUCTION NO. 21: A11 CORRESPONDENCE between Eagle Home Loans and Investment, LLC and any PERSON related t0 Northpoint Capital Fund, LLC’s attempt t0 foreclose on the Deed 0f Trust. REQUEST FOR PRODUCTION NO. 22: A11 CORRESPONDENCE between Iron Springs Development, LLC and any PERSON related to Northpoint Capital Fund, LLC’s attempt to foreclose on the Deed 0f Trust. REQUEST FOR PRODUCTION NO. 23: A11 DOCUMENTS related to Northpoint Capital Fund, LLC’s attempt to foreclose 0n the Deed of Trust. REQUEST FOR PRODUCTION NO. 24: A11 CORRESPONDENCE related to Northpoint Capital Fund, LLC’s attempt t0 foreclose on the Deed of Trust. REQUEST FOR PRODUCTION NO. 25: A11 contracts executed by James McClenahan that he later claimed contained a usury interest rate. REQUEST FOR PRODUCTION NO. 26: A11 contracts executed by Saul Flores that he later claimed contained a usury interest rate. -7- REQUEST FOR PRODUCTION 0F DOCUMENTS To JAMES MCCLENAHAN, SET ONE 4827-8083-941 8V1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR PRODUCTION NO. 27: A11 contracts executed by Eagle Home Loans and Investments, LLC that it later claimed contained a usury interest rate. REQUEST FOR PRODUCTION NO. 28: A11 contracts executed by Iron Springs Development, LLC that it later claimed contained a usury interest rate. REQUEST FOR PRODUCTION NO. 29: A11 DOCUMENTS related t0 any lawsuit in Which James McClenahan, Saul Flores, Iron Springs Development, LLC, and/or Eagle Home Loans and Investments, LLC claimed that a contract contained a usury interest rate. DATED: SEPTEMBER 13, 2021 BERLINER COHEN, LLP BY: éa%'-\ JOSEfiABdRGER ATTORNEYS FOR PLAINTIFF NORTHPOINT CAPITAL FUND. LLC -8- REQUEST FOR PRODUCTION OF DOCUMENTS TO JAMES MCCLENAHAN, SET ONE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4830-501 2-7098v1 JBORGER\28568002 JOSHUA BORGER, CA STATE BAR N0. 23 1 951 BERLINER COHEN, LLP TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN JOSE, CALIFORNIA 951 13-2233 TELEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 joshua.borger@berliner.com ATTORNEYS FOR PLAINTIFF NORTHPOINT CAPITAL FUND, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA NORTHPOINT CAPITAL FUND, LLC, a CASE NO. 21CV381025 Delaware limited liability company, PLAINTIFF NORTHPOINT CAPITAL Plaintiff, FUND, LLC’S REQUESTS FOR PRODUCTION OF DOCUMENTS, SET V. ONE, TO DEFENDANT SAUL FLORES JAMES MCCLENAHAN; SAUL FLORES; EAGLE HOME LOANS AND INVESTMENT, LLC; IRON SPRINGS DEVELOPMENT, LLC; and DOES 1 through 25, inclusive, Case Filed: March 23, 2021 Defendant. DEMANDING PARTY: PLAINTIFF NORTHPOINT CAPITAL FUND, LLC RESPONDING PARTY: DEFENDANT SAUL FLORES SET NO.: ONE NORTHPOINT CAPITAL FUND, LLC demands, under California Code 0fCivil Procedure section 203 1 .030, that SAUL FLORES produce the documents and other things described below for inspection and copying at the offices 0f Berliner Cohen, Ten Almaden Boulevard, Eleventh Floor, San Jose, California 951 13. SAUL FLORES is further requested t0 respond to this Request Within thirty days of service of this Request as is required by California Code 0f Civil Procedure section 203 1 .260. //// -1- REQUEST FOR PRODUCTION 0F DOCUMENTS T0 SAUL FLORES, SET ONE 4830-501 2-7098v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFINITIONS AND INSTRUCTIONS A. The term “PERSON” includes any natural person, including, but not limited t0, any custodian 0frecords, firm, association, partnership, joint venture, corporation, related 0r associated company, trust 0r other form 0f legal entity. B. The term “WITNESSES” includes any and all persons having knowledge 0f, pertaining to, relating t0, or touching upon the item in question. C. The term “FACTS” includes all circumstances, events and evidence pertaining t0, relating to 0r touching upon the item in question. D. “DOCUMENT” means a writing and refers t0 handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical 0r electronic recording and every other means ofrecording upon any tangible thing, including letters, words, numbers, pictures, sounds, 0r symbols, 0r combinations thereof, including, but not limited t0, Videotapes, magnetic, read-only memory, 0r optical recordings, computer disks, and electronic mail messages. Without limitation of the term “control,” a DOCUMENT is deemed to be in your control if you have the right to secure the DOCUMENT 0r a copy thereof from another person 0r public or private entity having actual possession thereof. If a DOCUMENT is responsive t0 a request for identification and is in your control, but is not in your possession or custody, identify the person With possession 0r custody. If copies of a DOCUMENT have been prepared and the copies are not identical (0r have undergone alteration by the addition 0r deletion of notations 0r other modifications), each non- identical copy is a separate “DOCUMENT.” E. The term “STATEMENT” means any oral, written, stenographic 0r recorded declaration 0f any type 0r description. F. The term “CORRESPONDENCE” means, unless otherwise specified, any transfer 0f information, ideas, opinions 0r thoughts by any means at any time 0r place under any circumstances and is not limited to transfers between persons but includes other transfers, such as records and memoranda t0 file. The term “CORRESPONDENCE” includes the following: -2- REQUEST FOR PRODUCTION 0F DOCUMENTS T0 SAUL FLORES, SET ONE 4830-501 2-7098v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) Any written letter, memorandum, or other DOCUMENT Which was sent by one or more individuals to another; (2) Any telephone call between one or more individuals and another, whether or not such call was by chance 0r prearranged, formal 0r informal; (3) Any conversation 0r meeting between one 0r more individuals and another, whether or not such contact was by chance 0r prearranged, formal 0r informal. G. The words “REPRESENTATIVE” 0r “REPRESENTATIVES” refer to and include any person Who acts, has at any time acted, 0r has at any time by any person been requested 0r solicited t0 act, atYOUR request, forYOUR benefit, 0r 0nYOUR behalf; or one who acts or has at any time acted with YOUR knowledge, consent, 0r acquiescence. H. “ANY” or “EACH” shall include and encompass “all” and “every.” I. “HE” (and its derivatives) shall include and encompass “SHE” and “IT” (and their respective derivatives). J. “OR” shall include and encompass “and” and “AND” shall be understood t0 include “0r.” K. The terms “RELATE” 0r “RELATING TO” include referring to, alluding t0, responding t0, regarding, discussing, showing, describing, reflecting, analyzing, constituting, including, mentioning, in respect of, 0r about. L. If a request calls for the production 0f a DOCUMENT that has already been produced, it Will be sufficient to describe the responsive DOCUMENT Which has already been produced. M. If, after exercising due diligence t0 obtain the items requested, YOU cannot or will not produce all 0f the DOCUMENTS requested herein, Whether because of privilege or otherwise, YOUR Response should include the following: (1) A statement that YOUR production is 0r will be incomplete; (2) A specification 0f which request 0r subpart thereof for which YOU will be unable 0r unwilling t0 produce; and -3- REQUEST FOR PRODUCTION 0F DOCUMENTS T0 SAUL FLORES, SET ONE 4830-501 2-7098v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) A statement of the facts and/or grounds upon Which YOU rely t0 support YOUR contention that YOU are not able and/or should not be compelled to produce completely. N. IfYOU or YOUR REPRESENTATIVE asserts that any document required to be produced is privileged or otherwise protected from discovery, YOUR Response should include the following: (1) The place, approximate date, and manner ofrecording 0r otherwise preparing the document; (2) The name and organizational position, if any, ofeach sender ofthe document; (3) The name and organizational position, if any, 0f each recipient 0f the document; (4) The name and organizational position, if any, 0f each person (other than stenographic or clerical assistance) participating in the preparation of the document; (5) The name and organizational position, if any, of each person t0 whom the contents of the document 0r any portion thereof have heretofore been communicated by copy, exhibition, reading or substantial summarization; (6) A statement 0f the basis 0n Which privilege is claimed With respect t0 each document and Whether 0r not the contents 0f each document are limited solely t0 legal advice or information provided for the purpose of securing legal advice; (7) The number of the demand t0 Which the document is responsive; and (8) The identity and organizational position, if any, ofeach person supplying the author ofyour response hereto With the information requested in subsections (1) through (7) above. O. Pursuant t0 Code of Civil Procedure section 203 1 .030, the request for production 0f documents embodied herein shall be deemed continuous up t0 and following the date 0f your deposition such that any document requested herein which is either discovered by you or comes Within your possession, custody or control subsequent t0 your initial production but prior t0 the final conclusion 0f this case should be produced immediately upon its discovery 0r receipt. P. The phase “EL RIO PROPERTIES” shall refer to the real properties located at 925 and 929 E1 Rio Drive, San Jose, California, collectively. -4- REQUEST FOR PRODUCTION 0F DOCUMENTS T0 SAUL FLORES, SET ONE 4830-501 2-7098v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DOCUMENTS TO PRODUCE REQUEST FOR PRODUCTION NO. 1: A11 DOCUMENTS related to the installment note between PlaintiffNorthpoint Capital Fund, LLC and Defendants Eagle Home Loans and Investment, LLC and Iron Springs Development, LLC, which was entered into on August 18, 2018. REQUEST FOR PRODUCTION NO. 2: A11 CORRESPONDENCE related to the installment note between Plaintiff Northpoint Capital Fund, LLC and Defendants Eagle Home Loans and Investment, LLC and Iron Springs Development, LLC, Which was entered into 0n August 18, 2018. REQUEST FOR PRODUCTION NO. 3: A11 DOCUMENTS identifying the managers of Eagle Home Loans and Investment, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 4: A11 DOCUMENTS identifying the members 0f Eagle Home Loans and Investment, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 5: A11 DOCUMENTS identifying the managers 0f Iron Springs Development, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 6: A11 DOCUMENTS identifying the members ofIron Springs Development, LLC from August 18, 2018, to the present. REQUEST FOR PRODUCTION NO. 7: A11 articles of incorporation for Eagle Home Loans and Investment, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 8: A11 bylaws for Eagle Home Loans and Investment, LLC from August 18, 2018, t0 the present. -5- REQUEST FOR PRODUCTION 0F DOCUMENTS T0 SAUL FLORES, SET ONE 4830-501 2-7098v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR PRODUCTION NO. 9: A11 membership agreements for Eagle Home Loans and Investment, LLC from August 18, 2018, to the present. REQUEST FOR PRODUCTION NO. 10: A11 articles 0f incorporation for Iron Springs Development, LLC from August 18, 2018, to the present. REQUEST FOR PRODUCTION NO. 11: A11 bylaws for Iron Springs Development, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 12: A11 membership agreements for Iron Springs Development, LLC from August 18, 2018, t0 the present. REQUEST FOR PRODUCTION NO. 13: A11 DOCUMENTS related to the installment note between Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC dated March 28, 20 1 9. REQUEST FOR PRODUCTION NO. 14: A11 CORRESPONDENCE related t0 the installment note between Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC dated March 28, 20 1 9. REQUEST FOR PRODUCTION NO. 15: A11 DOCUMENTS related to the installment note between Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC dated May 1, 2019. REQUEST FOR PRODUCTION NO. 16: A11 CORRESPONDENCE related t0 the installment note between Northpoint Capital Fund, LLC, Eagle Home Loans, and Iron Springs Development, LLC dated May 1, 2019. REQUEST FOR PRODUCTION NO. 17: A11 DOCUMENTS related t0 any amounts paid by Eagle Home Loans and Investment, LLC t0 Northpoint Capital Fund, LLC under the terms 0f any installment note. -6- REQUEST FOR PRODUCTION 0F DOCUMENTS T0 SAUL FLORES, SET ONE 4830-501 2-7098v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR PRODUCTION NO. 18: A11 CORRESPONDENCE related t0 any amounts paid by Eagle Home Loans and Investment, LLC to Northpoint Capital Fund, LLC under the terms of any installment note. REQUEST FOR PRODUCTION NO. 19: A11 DOCUMENTS related t0 any amounts paid by Iron Springs Development, LLC t0 Northpoint Capital Fund, LLC under the terms 0f any installment note. REQUEST FOR PRODUCTION NO. 20: A11 CORRESPONDENCE related t0 any amounts paid by Iron Springs Development, LLC t0 Northpoint Capital Fund, LLC under the terms of any installment note. REQUEST FOR PRODUCTION NO. 21: A11 CORRESPONDENCE between Eagle Home Loans and Investment, LLC and any PERSON related t0 Northpoint Capital Fund, LLC’s attempt t0 foreclose on the Deed 0f Trust. REQUEST FOR PRODUCTION NO. 22: A11 CORRESPONDENCE between Iron Springs Development, LLC and any PERSON related to Northpoint Capital Fund, LLC’s attempt to foreclose on the Deed 0f Trust. REQUEST FOR PRODUCTION NO. 23: A11 DOCUMENTS related to Northpoint Capital Fund, LLC’s attempt to foreclose 0n the Deed of Trust. REQUEST FOR PRODUCTION NO. 24: A11 CORRESPONDENCE related to Northpoint Capital Fund, LLC’s attempt t0 foreclose on the Deed of Trust. REQUEST FOR PRODUCTION NO. 25: A11 contracts executed by James McClenahan that he later claimed contained a usury interest rate. REQUEST FOR PRODUCTION NO. 26: A11 contracts executed by Saul Flores that he later claimed contained a usury interest rate. -7- REQUEST FOR PRODUCTION 0F DOCUMENTS T0 SAUL FLORES, SET ONE 4830-501 2-7098v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR PRODUCTION NO. 27: A11 contracts executed by Eagle Home Loans and Investments, LLC that it later claimed contained a usury interest rate. REQUEST FOR PRODUCTION NO. 28: A11 contracts executed by Iron Springs Development, LLC that it later claimed contained a usury interest rate. REQUEST FOR PRODUCTION NO. 29: A11 DOCUMENTS related to any lawsuit in Which James McClenahan, Saul Flores, Iron Springs Development, LLC, and/or Eagle Home Loans and Investments, LLC claimed that a contract contained a usury interest rate. DATED: SEPTEMBER 13, 2021 BERLINER COHEN, LLP BY: éak JOSHMGER ATTORNEYS FOR PLAINTIFF NORTHPOINT CAPITAL FUND. LLC -8- REQUEST FOR PRODUCTION OF DOCUMENTS TO SAUL FLORES, SET ONE 4829-6978-0731 v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOSHUA BORGER, CA STATE BAR N0. 23 1 951 BERLINER COHEN, LLP TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN JOSE, CALIFORNIA 951 13-2233 TELEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 joshua.borger@berliner.com ATTORNEYS FOR PLAINTIFF NORTHPOINT CAPITAL FUND, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA NORTHPOINT CAPITAL FUND, LLC, a CASE NO. 21CV381025 Delaware limited liability company, PLAINTIFF’S REQUESTS FOR Plaintiff, ADMISSIONS, SET ONE, TO DEFENDANT EAGLE HOME LOANS AND V. INVESTMENT, LLC JAMES MCCLENAHAN; SAUL FLORES; EAGLE HOME LOANS AND INVESTMENT, LLC; IRON SPRINGS DEVELOPMENT, LLC; and DOES 1 through 25, inclusive, Defendant. Case Filed: March 23, 2021 DEMANDING PARTY: PLAINTIFF NORTHPOINT CAPITAL FUND, LLC RESPONDING PARTY: DEFENDANT EAGLE HOME LOANS AND INVESTMENT, LLC SET NO.: ONE NORTHPOINT CAPITAL FUND, LLC requests that Defendant EAGLE HOME LOANS AND INVESTMENT, LLC, (“Responding Party”) answer the following Requests for Admissions, Set N0. One, under oath and With such information that is presently available and known pursuant t0 Code 0f Civil Procedure sections 2033.210 and 2033.250. /// /// -1- REQUEST FOR ADMISSIONS T0 EAGLE HOME LOANS AND INVESTMENT, LLC, SET ONE 4829-6978-0731 v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFINITIONS AND INSTRUCTIONS A. The term “PERSON” includes any natural person, including, but not limited t0, any custodian 0frecords, firm, association, partnership, joint venture, corporation, related 0r associated company, trust 0r other form 0f legal entity. B. The term “WITNESSES” includes any and all persons having knowledge 0f, pertaining to, relating t0, or touching upon the item in question. C. The term “FACTS” includes all circumstances, events and evidence pertaining t0, relating to 0r touching upon the item in question. D. “DOCUMENT” means a writing and refers t0 handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical 0r electronic recording and every other means ofrecording upon any tangible thing, including letters, words, numbers, pictures, sounds, 0r symbols, 0r combinations thereof, including, but not limited t0, Videotapes, magnetic, read-only memory, 0r optical recordings, computer disks, and electronic mail messages. Without limitation of the term “control,” a DOCUMENT is deemed to be in your control if you have the right to secure the DOCUMENT 0r a copy thereof from another person 0r public or private entity having actual possession thereof. If a DOCUMENT is responsive t0 a request for identification and is in your control, but is not in your possession or custody, identify the person With possession 0r custody. If copies of a DOCUMENT have been prepared and the copies are not identical (0r have undergone alteration by the addition 0r deletion 0f notations or other modifications), each non- identical copy is a separate “DOCUMENT.” E. The term “STATEMENT” means any oral, written, stenographic 0r recorded declaration 0f any type 0r description. F. The term “CORRESPONDENCE” means, unless otherwise specified, any transfer 0f information, ideas, opinions 0r thoughts by any means at any time 0r place under any circumstances and is not limited to transfers between persons but includes other transfers, such as records and memoranda t0 file. The term “CORRESPONDENCE” includes the following: -2- REQUEST FOR ADMISSIONS T0 EAGLE HOME LOANS AND INVESTMENT, LLC, SET ONE 4829-6978-0731 v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) Any written letter, memorandum, or other DOCUMENT Which was sent by one or more individuals to another; (2) Any telephone call between one or more individuals and another, whether or not such call was by chance 0r prearranged, formal 0r informal; (3) Any conversation 0r meeting between one 0r more individuals and another, whether or not such contact was by chance 0r prearranged, formal 0r informal. G. The words “REPRESENTATIVE” 0r “REPRESENTATIVES” refer to and include any person Who acts, has at any time acted, 0r has at any time by any person been requested 0r solicited t0 act, atYOUR request, forYOUR benefit, 0r 0nYOUR behalf; or one who acts or has at any time acted with YOUR knowledge, consent, 0r acquiescence. H. “ANY” or “EACH” shall include and encompass “all” and “every.” I. “HE” (and its derivatives) shall include and encompass “SHE” and “IT” (and their respective derivatives). J. “OR” shall include and encompass “and” and “AND” shall be understood t0 include “0r.” K. The terms “RELATE” 0r “RELATING TO” include referring to, alluding t0, responding t0, regarding, discussing, showing, describing, reflecting, analyzing, constituting, including, mentioning, in respect of, 0r about. L. If a request calls for the production 0f a DOCUMENT that has already been produced, it Will be sufficient to describe the responsive DOCUMENT Which has already been produced. M. If, after exercising due diligence t0 obtain the items requested, YOU cannot or will not produce all 0f the DOCUMENTS requested herein, Whether because of privilege or otherwise, YOUR Response should include the following: (1) A statement that YOUR production is 0r will be incomplete; (2) A specification 0f which request 0r subpart thereof for which YOU will be unable 0r unwilling t0 produce; and -3- REQUEST FOR ADMISSIONS T0 EAGLE HOME LOANS AND INVESTMENT, LLC, SET ONE 4829-6978-0731 v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) A statement of the facts and/or grounds upon Which YOU rely t0 support YOUR contention that YOU are not able and/or should not be compelled to produce completely. N. IfYOU or YOUR REPRESENTATIVE asserts that any document required to be produced is privileged or otherwise protected from discovery, YOUR Response should include the following: (1) The place, approximate date, and manner ofrecording 0r otherwise preparing the document; (2) The name and organizational position, if any, ofeach sender ofthe document; (3) The name and organizational position, if any, 0f each recipient 0f the document; (4) The name and organizational position, if any, 0f each person (other than stenographic or clerical assistance) participating in the preparation of the document; (5) The name and organizational position, if any, of each person t0 whom the contents of the document 0r any portion thereof have heretofore been communicated by copy, exhibition, reading or substantial summarization; (6) A statement 0f the basis 0n Which privilege is claimed With respect t0 each document and Whether 0r not the contents 0f each document are limited solely t0 legal advice or information provided for the purpose of securing legal advice; (7) The number of the demand t0 Which the document is responsive; and (8) The identity and organizational position, if any, ofeach person supplying the author ofyour response hereto With the information requested in subsections (1) through (7) above. O. Pursuant t0 Code of Civil Procedure section 203 1 .030, the request for production 0f documents embodied herein shall be deemed continuous up t0 and following the date 0f your deposition such that any document requested herein which is either discovered by you or comes Within your possession, custody or control subsequent t0 your initial production but prior t0 the final conclusion 0f this case should be produced immediately upon its discovery 0r receipt. P. The phase “EL RIO PROPERTIES” shall refer to the real properties located at 925 and 929 E1 Rio Drive, San Jose, California, collectively. -4- REQUEST FOR ADMISSIONS T0 EAGLE HOME LOANS AND INVESTMENT, LLC, SET ONE 4829-6978-0731 v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUESTS FOR ADMISSIONS REQUEST FOR ADMISSION NO. 1: Admit that on August 18, 2018, Plaintiff Northpoint Capital Fund, LLC entered into an installment note With Defendants Eagle Home Loans and Investment, LLC and Iron Springs Development, LLC. REQUEST FOR ADMISSION NO. 2: Admit that attached as Exhibit A is a true and correct copy 0f the installment note between PlaintiffNorthpoint Capital Fund, LLC, Defendants Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC. REQUEST FOR ADMISSION NO. 3: Admit that James McClenahan drafted the installment note, which is attached as Exhibit A, in his capacity as a licensed real estate professional for Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 4: Admit that Saul Flores executed the installment note, Which is attached as Exhibit A, 0n behalf of Eagle Home Loans and Investment, LLC as its managing partner. REQUEST FOR ADMISSION NO. 5: Admit that Saul Flores executed the installment note, Which is attached as Exhibit A, 0n behalf of Iron Springs Development, LLC as its managing partner. REQUEST FOR ADMISSION NO. 6: Admit that Eagle Home Loans and Investment, LLC has been involved in real estate development since August 18, 2018. REQUEST FOR ADMISSION NO. 7: Admit that Saul Flores has been the manager 0f Eagle Home Loans and Investment, LLC since August 18, 2018. REQUEST FOR ADMISSION NO. 8: Admit that Saul Flores has been a member ofEagle Home Loans and Investment, LLC since August 18, 2018. -5- REQUEST FOR ADMISSIONS T0 EAGLE HOME LOANS AND INVESTMENT, LLC, SET ONE 4829-6978-0731 v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSION NO. 9: Admit that Saul Flores has been the manager 0f Iron Springs Development, LLC since August 18, 2018. REQUEST FOR ADMISSION NO. 10: Admit that Saul Flores has been a member ofIron Springs Development, LLC since August 1 8, 201 8. REQUEST FOR ADMISSION NO. 11: Admit that 0n March 28, 2019, Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC executed an updated installment note. REQUEST FOR ADMISSION NO. 12: Admit that attached as Exhibit B is a true and correct copy 0f the updated installment note between Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC dated March 28, 2019. REQUEST FOR ADMISSION NO. 13: Admit that Saul Flores executed the updated installment note, which is attached as Exhibit B, 0n behalf 0f Eagle Home Loans and Investment, LLC as its managing partner. REQUEST FOR ADMISSION NO. 14: Admit that Saul Flores executed the updated installment note, which is attached as Exhibit B, 0n behalf of Iron Springs Development, LLC as its managing partner. REQUEST FOR ADMISSION NO. 15: Admit that 0n May 1, 2019, Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC executed another updated installment note. REQUEST FOR ADMISSION NO. 16: Admit that attached as Exhibit C is a true and correct copy 0f the updated installment note between Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC dated May 1, 2019. -6- REQUEST FOR ADMISSIONS T0 EAGLE HOME LOANS AND INVESTMENT, LLC, SET ONE 4829-6978-0731 v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSION NO. 17: Admit that Saul Flores executed the installment note, Which is attached as Exhibit C, 0n behalf 0f Eagle Home Loans and Investment, LLC as its managing partner. REQUEST FOR ADMISSION NO. 18: Admit that Saul Flores executed the installment note, Which is attached as Exhibit C, 0n behalf of Iron Springs Development, LLC as its managing partner. REQUEST FOR ADMISSION NO. 19: Admit that Eagle Home Loans and Investment, LLC has not paid the amounts owed (Whether principal or interest) under the promissory notes t0 Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 20: Admit that Iron Springs Development, LLC has not paid the amounts owed (whether principal or interest) under the promissory notes to Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 21: Admit that as 0f August 4, 2021, the total amount owed by Eagle Home Loans and Investment, LLC t0 Northpoint Capital Fund, LLC 0n the promissory notes with interest is $320,781.39. REQUEST FOR ADMISSION NO. 22: Admit that as 0fAugust 4, 202 1 , the total amount owed by Iron Springs Development, LLC t0 Northpoint Capital Fund, LLC 0n the promissory notes with interest is $320,781.39. REQUEST FOR ADMISSION NO. 23: Admit that in 2020, Saul Flores performed acts t0 prevent the foreclosure ofthe collateral 0n the notes by Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 24: Admit that in 2020, James McClenahan performed acts t0 prevent the foreclosure 0f the collateral on the notes by Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 25: Admit that in 2020, Iron Springs Development, LLC performed acts t0 prevent the foreclosure 0f the collateral 0n the notes by Northpoint Capital Fund, LLC. -7- REQUEST FOR ADMISSIONS T0 EAGLE HOME LOANS AND INVESTMENT, LLC, SET ONE 4829-6978-0731 v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSION NO. 26: Admit that in 2020, Eagle Home Loans and Investment, LLC performed acts to prevent the foreclosure of the collateral on the notes by Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 27 : Admit that Saul Flores’ attorney contacted the company processing the foreclosure of the collateral 0n the promissory notes and stated that it could not foreclose 0n the EL RIO PROPERTIES because the installment notes contained a usury interest rate. REQUEST FOR ADMISSION NO. 28: Admit that the company processing the foreclosure of the collateral on the EL RIO PROPERTIES refused to proceed with the foreclosure because Saul Flores’ attorney told the company that the installment notes contained a usury interest rate. REQUEST FOR ADMISSION NO. 29: Admit that since Northpoint Capital Fund, LLC was unable to proceed With the foreclosure, the first lienholder on the EL RIO PROPERTIES foreclosed on the property. DATED: SEPTEMBER 13, 2021 BERLINER COHEN, LLP BY: Qk JOMORGER \ ATTORNEYS FOR PLAI IFF NORTHPOINT CAPITAL FUND. LLC -8- REQUEST FOR ADMISSIONS T0 EAGLE HOME LOANS AND INVESTMENT, LLC, SET ONE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A DO NOT DESTROY THIS NOTE: When paid, this note, with Deed of Trust securing same, must be surrendered ,to Trustee for cancellation before reconveyance wilt be made Escrow No. INSTALLMENT NOTE -- INTEREST INCLUDED $500,000.00 San Jose, California August 10, 2018 For value received, Iron Springs Development, LLC, Eagle Home Loans and Investment, LLC C‘payor/trustor") promise to pay to Northpoint Capitai Fund, LLC. C‘payee/beneficiary") or order, at place designated by C‘payee/beneflciary"), the principal sum of Five Hundred Thousand dollars, with Interest from August 10, 2018 at the rate of 12.0 percent per annum on the amounts of principai sum remaining unpaid from time to time. Principal and interest payable in monthly installments of as per balance owing at end of every month or more each, on the 18th day of each and every month beginning on September 10, 2018 and continuing until January 15, 2019. Late Charge of 10% on any and all payments received 10 days from due date. ”Ihis note is a Line of Credit, payment based on the oustanding balance at the end of every month. No prepayment penalty Extension avaiable with a 1.0% per month pius note rate. Default interst at 18.0% plus note rate. Note is secured by a Deed of Trust on: 20525 Iron Springs Road, Los Gates, CA. 95030, 925 Ei Rio Drive, San Jose, CA. 95125 and 929 El Rio Drive, San Jose, CA. 95125 The Deed of Trust securing this note contains the following provision: In the event the herein described property, or any part thereof, or any Interest therein, is sold, agreed to be sold, conveyed or ailenated by the Trustor, or by the operation of law or otherwise, alt obligations secured by this instrument, irrespective of the maturity dates expressed therein, at the option of the holder hereof, and without demand or notice, shall immediately become due and payable. Each payment shall be credited first on interest then due and the remainder on principal; and interest shall then cease upon the principal so credited. Principal, interest, and all other sums which may become due 1n connection with this note and the deed of trust securing same, shall be payable in lawful money of th'e United States of America. Should default be made In any payment when due, the whole Sum o'f principal and Interest shail become imm iateiy due at the option of the holder of this note. If action be instituted on this note, sums as the Court may fix as win?fem ‘‘ \ 5/ é / i Mffigs Developmént, LLC. by it’s managing jagte’fiom'é'mwérfi afid Investment, LLC. by4t's’ partner: Saul R. Flores managing partner: Saul R. Flores 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT B Updated Installment Note Amount: $ 250,000 Date: March 28 2019 Santa Clara, CA FOR VALUE RECEIVED, Iron Springs Development, LLC, Eagle Home Loans and Investment, LLC (“payor/tmstor”) the undersigned promises to pay to the order ofNorth point Capital Fund, LLC (payee/beneficiary") or order, at place designated by (“paycc/bcneficiary”), The principal sum of Two Hundred Fifty, Thousand g $250000) Dollars in legal tender of the United States, with interest from Februm 15 ,20 l 9 or the date of funding at the rate of 12% annualized per year for 6 months. Interest Only payments will be made monthly, starting 30 days after the close in the amount of$2.500 per month. If any payment is not paid when due or if payment made does not cover all interest accrued through date ofpayment, remaining interest accrued shall be added t0 principal and shall bear interest 18% plus note rate. Payments, principal and interest shall be payable at the office of holder(s): Northpoint Capital Fund, LLC 305 Vineyard Town Center #228, Morgan Hill CA 95037 at any such other place as the holder hereofmay designate in writing. This note is due in its entirety at the earlier of the sale or transfer 0fthe property or 6 months from the origination. If fulfillment of any provision hereof or any transaction related hereto or to any indebtedness secured hereby, at the time performance of such provisions shall be due, shall involve transcending the limit of validity prescribed by law, then ipso facto, the obligation to be fulfilled shall be reduced to the limit ofsuch validity; and if any clause or provisions herein contained operate or would prospectively operate t0 invalidate this Note in whole or in part, then such clause or provision only shall be held for naught, as though not herein contained, and the remainder ofthis Note shall remain operative and in fiJll force and effect. In the event any payment is made by personal check, and such check is returned by the financial institution on which it is drawn without payment of same, for any reason, the holder of this Note shall be entitled to collect from the borrower a handling fee of 5% ofthe amount ofsuch check or $35.00, whichever is greater. Such fee shall be in addition to any other fees and costs allowed by this Note. Late Charge of 10% on any and all payments received 10 days from due date. 2W Extension Feé: Prepaid 1% per month Minter-G’LWW ; No prepayment penalty. Note is secured by a deed ofTrust on: 20525 Iron Springs Road, Los Gatos, CA 95030, 925 El Rio Drive, San Jose, CA 95 125, and 929 E1 Rio Drive, San Jose, CA 95125, from original note dated August 10, 2018. The deed of trust securing this note contains the following provision: In the event the herein described property, or any part thereof, or any interest therein, is sold, agreed to be sold, conveyed or alienated by the Trustor, or by the operation of law or otherwise, all obligations secured by this instrument, irrespective of the maturity dates expressed therein, at the option of the holder hereof, and without demand or notice, shall immediately become due and payable. Default under any other obligation of maker, or makers, jointly and severally, to note holder, shall be considered a default under this note also. 1t is further agreed that failure of the holder to exercise this right of accelerating the maturity ofthe debt, or indulgence granted from time to time, shall in no event be considered as a waiver of such right of acceleration or estop the holder from exercising the right. Each payment shall be credited first on interest then due and the remainder on principal; and interest shall then case upon the principal so credited. Principal, interest, and all other sums which may become due in connection with this note and the deed of trust securing same, shall be payable in lawful money of the United States of American. Should default be made in any payment when due, the whole sum of principal and interest shall become immediately due at the option of the holder of this note. If action be instituted on this note, I promise to pay such sums as the Court may fix as attorney’s fees. And each of the undersigned, whether principal, surety, guarantor, endorser, or other party, severally waives and renounces each for himself and family, any and a1] homestead and exemption rights either of us, or the family of either of us, may have under or by virtue ofthe laws ofthe State of California, or any other State, or the United States, as against this debt or any renewal or extension thereof, and further waive emand, protest, presentment, notice of demand, protest and nonpayment. WITNESS ‘e h and se of undersigned. % ' / /Vl/ Dateazdfl y 0/7/ Datjz4/Z// lro_ ngs Developme LC /E21gl¢Means and Investment, LLC. y Its managmg panner: aul Flores by its managing partner: Saul Flor 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT C Updated Installment Note Amount: $ 250,000 Date: May 15‘. 2019 Santa Clara, CA FOR VALUE RECEIVED, Iron Springs Development, LLC, Eagle Home Loans and Investment, LLC (“payor/trustor”) the undersigned promises to pay to the order ofNorth point Capital Fund, LLC (payee/beneficiary”) 0r order, at place designated by (“payee/beneficiary”), The principal sum of Two Hundred Fitrv Thousand g $250,000! Dollars in legal tender of the United States, with interest from Februag 15 ,2019 or the date of funding at the rate of 12% annualized per year for Six (6) months. Interest Only payments will be made monthly, starting March 15'“, 2019 in the amount of$2.500 per month on the 15‘“ of each month. Payments, principal and interest shall be payable at the office of holder(s): Northpoint Capital Fund, LLC 305 Vineyard Town Center #228, Morgan Hill CA 95037 at any such other place as the holder hereof may designate in writing. This note is duc in its entirety at the earlier event ofthe due date of August 15‘”, 2019 or the sale or transfer of any secured property. If fulfillment of any provision hereofor any transaction related hereto or to any indebtedness secured hereby, at the time performance of such provisions shall be due, shall involve transcending the limit 0f validity prescribed by law, then ipso facto, the obligation to be fulfilled shall be reduced to the limit of such validity; and if any clause or provisions herein contained operate or would prospectively operate to invalidate this Note in whole or in part, then such clause or provision only shall be held for naught, as though not herein contained, and the remainder of this Note shall remain operative and in full force and effect. In the event any payment is made by personal check, and such check is returned by the financial institution on which it is drawn without payment of same, for any reason, the holder ofNote shall be entitled to collect from the borrower a handling fee of $35.00. Such fee shall be in addition to any other fees and costs allowed by this Note. Late Charge Clause: In the event any interest payment due is not made within 10 days afier the due date, a late charge ofTen Percent, (10%) calculated on the payment due. This late charge is in effect until the loan is paid in full. Extension Fee: Maker shall have the right to extend this Note by 90 days by prepaying $2,500 before the due date. Prepayment Penalg: The principal amount of this Note may be prepaid, in whole or in part, at any time without penalty, in which event, interest shall cease to accrue on the portion ofthe principal so prepaid. Due on Sale Clause: The deed of trust securing this note contains the following provision: In the event the herein described property, or any part thereof, or any interest therein, is sold, agreed to bc sold, conveyed or alienated by the Trustor, or by the operation of law or otherwise, a1] obligations secured by this instrument, irrespective of the maturity dates expressed therein, at the option of the holder hereot”, and without demand or notice, shall immediately become due and payable. Default in Principal Payoff: Maker has the right to extend Note per terms above for a total sum of 180 days from date of execution. Should any principal amount under this Note not be paid when due, then all remaining principal and accrued interest shall become immediately due and payable at the option of the Holder. In no event shall the interest rate charged under this Note exceed the maximum rate permitted under applicable law. Note is secured by a deed of Trust on 20525 Iron Springs Road, Los Gatos, CA 95030, 925 El Rio Drive, San Jose, CA 95 125, and 929 El Rio Drive, San Jose, CA 95 125, from original note dated August 10, 2018. Each payment shall be credited first on interest then due and the remainder on principal; and interest shall then case upon the principal so credited. Principal, interest, and all other sums which may become due in connection with this note and the deed of trust securing same, shall be payable in lawful money of the United States of American. Maker agrees to pay the costs of foreclosure and such additional sums as a court my adjudge reasonable as attorney fees in any suit. This Note is the extension of the original Note dated August 10‘“, 2018 and these terms govern and are in effect from date ofexecution forward. And each of the undersigned, whether principal, surety, guarantor, endorser, or other pany, severally waives and renounces each for himself and family, any and all homestead and exemption rights either of us, or the family of either of us, may have under or by virtue of the laws 0f the State of California, or any other State, or the United States, as against this debt or any renewal or extension ther d further vaive demand, protest, presentment, notice emand, pro and nonpayment. WITNESS t d and s f e undersigned. fl/{A Date €24 '_ |q /// Date q,“ l "I Z II'OIII S 'ngs' veprment, MLC. Eagle me fioansba'ndfinvestment, LLC. [by mana g paflncr: Saul Flores b ' s managing partner: Saul Flor 4826-3371 -1 354v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOSHUA BORGER, CA STATE BAR N0. 23 1 951 BERLINER COHEN, LLP TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN JOSE, CALIFORNIA 951 13-2233 TELEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 joshua.borger@berliner.com ATTORNEYS FOR PLAINTIFF NORTHPOINT CAPITAL FUND, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA NORTHPOINT CAPITAL FUND, LLC, a CASE NO. 21CV381025 Delaware limited liability company, PLAINTIFF’S REQUESTS FOR Plaintiff, ADMISSIONS, SET ONE, TO DEFENDANT IRON SPRINGS DEVELOPMENT, LLC V. JAMES MCCLENAHAN; SAUL FLORES; EAGLE HOME LOANS AND INVESTMENT, LLC; IRON SPRINGS DEVELOPMENT, LLC; and DOES 1 through 25, inclusive, Case Filed: March 23, 2021 Defendant. DEMANDING PARTY: PLAINTIFF NORTHPOINT CAPITAL FUND, LLC RESPONDING PARTY: DEFENDANT IRON SPRINGS DEVELOPMENT, LLC SET NO.: ONE NORTHPOINT CAPITAL FUND, LLC requests that Defendant IRON SPRINGS DEVELOPMENT, LLC, (“Responding Party”) answer the following Requests for Admissions, Set N0. One, under oath and with such information that is presently available and known pursuant to Code of Civil Procedure sections 2033.210 and 2033.250. /// /// /// -1- REQUEST FOR ADMISSIONS To IRON SPRINGS DEVELOPMENT, INC., SET ONE 4826-3371 -1 354v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFINITIONS AND INSTRUCTIONS A. The term “PERSON” includes any natural person, including, but not limited t0, any custodian 0frecords, firm, association, partnership, joint venture, corporation, related 0r associated company, trust 0r other form 0f legal entity. B. The term “WITNESSES” includes any and all persons having knowledge 0f, pertaining to, relating t0, or touching upon the item in question. C. The term “FACTS” includes all circumstances, events and evidence pertaining t0, relating to 0r touching upon the item in question. D. “DOCUMENT” means a writing and refers t0 handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical 0r electronic recording and every other means ofrecording upon any tangible thing, including letters, words, numbers, pictures, sounds, 0r symbols, 0r combinations thereof, including, but not limited t0, Videotapes, magnetic, read-only memory, 0r optical recordings, computer disks, and electronic mail messages. Without limitation of the term “control,” a DOCUMENT is deemed to be in your control if you have the right to secure the DOCUMENT 0r a copy thereof from another person 0r public or private entity having actual possession thereof. If a DOCUMENT is responsive t0 a request for identification and is in your control, but is not in your possession or custody, identify the person With possession 0r custody. If copies of a DOCUMENT have been prepared and the copies are not identical (0r have undergone alteration by the addition 0r deletion 0f notations or other modifications), each non- identical copy is a separate “DOCUMENT.” E. The term “STATEMENT” means any oral, written, stenographic 0r recorded declaration 0f any type 0r description. F. The term “CORRESPONDENCE” means, unless otherwise specified, any transfer 0f information, ideas, opinions 0r thoughts by any means at any time 0r place under any circumstances and is not limited to transfers between persons but includes other transfers, such as records and memoranda t0 file. The term “CORRESPONDENCE” includes the following: -2- REQUEST FOR ADMISSIONS To IRON SPRINGS DEVELOPMENT, INC., SET ONE 4826-3371 -1 354v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) Any written letter, memorandum, or other DOCUMENT Which was sent by one or more individuals to another; (2) Any telephone call between one or more individuals and another, whether or not such call was by chance 0r prearranged, formal 0r informal; (3) Any conversation 0r meeting between one 0r more individuals and another, whether or not such contact was by chance 0r prearranged, formal 0r informal. G. The words “REPRESENTATIVE” 0r “REPRESENTATIVES” refer to and include any person Who acts, has at any time acted, 0r has at any time by any person been requested 0r solicited t0 act, atYOUR request, forYOUR benefit, 0r 0nYOUR behalf; or one who acts or has at any time acted with YOUR knowledge, consent, 0r acquiescence. H. “ANY” or “EACH” shall include and encompass “all” and “every.” I. “HE” (and its derivatives) shall include and encompass “SHE” and “IT” (and their respective derivatives). J. “OR” shall include and encompass “and” and “AND” shall be understood t0 include “0r.” K. The terms “RELATE” 0r “RELATING TO” include referring to, alluding t0, responding t0, regarding, discussing, showing, describing, reflecting, analyzing, constituting, including, mentioning, in respect of, 0r about. L. If a request calls for the production 0f a DOCUMENT that has already been produced, it Will be sufficient to describe the responsive DOCUMENT Which has already been produced. M. If, after exercising due diligence t0 obtain the items requested, YOU cannot or will not produce all 0f the DOCUMENTS requested herein, Whether because of privilege or otherwise, YOUR Response should include the following: (1) A statement that YOUR production is 0r will be incomplete; (2) A specification 0f which request 0r subpart thereof for which YOU will be unable 0r unwilling t0 produce; and -3- REQUEST FOR ADMISSIONS To IRON SPRINGS DEVELOPMENT, INC., SET ONE 4826-3371 -1 354v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) A statement of the facts and/or grounds upon Which YOU rely t0 support YOUR contention that YOU are not able and/or should not be compelled to produce completely. N. IfYOU or YOUR REPRESENTATIVE asserts that any document required to be produced is privileged or otherwise protected from discovery, YOUR Response should include the following: (1) The place, approximate date, and manner ofrecording 0r otherwise preparing the document; (2) The name and organizational position, if any, ofeach sender ofthe document; (3) The name and organizational position, if any, 0f each recipient 0f the document; (4) The name and organizational position, if any, 0f each person (other than stenographic or clerical assistance) participating in the preparation of the document; (5) The name and organizational position, if any, of each person t0 whom the contents of the document 0r any portion thereof have heretofore been communicated by copy, exhibition, reading or substantial summarization; (6) A statement 0f the basis 0n Which privilege is claimed With respect t0 each document and Whether 0r not the contents 0f each document are limited solely t0 legal advice or information provided for the purpose of securing legal advice; (7) The number of the demand t0 Which the document is responsive; and (8) The identity and organizational position, if any, ofeach person supplying the author ofyour response hereto With the information requested in subsections (1) through (7) above. O. Pursuant t0 Code of Civil Procedure section 203 1 .030, the request for production 0f documents embodied herein shall be deemed continuous up t0 and following the date 0f your deposition such that any document requested herein which is either discovered by you or comes Within your possession, custody or control subsequent t0 your initial production but prior t0 the final conclusion 0f this case should be produced immediately upon its discovery 0r receipt. P. The phase “EL RIO PROPERTIES” shall refer to the real properties located at 925 and 929 E1 Rio Drive, San Jose, California, collectively. -4- REQUEST FOR ADMISSIONS To IRON SPRINGS DEVELOPMENT, INC., SET ONE 4826-3371 -1 354v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUESTS FOR ADMISSIONS REQUEST FOR ADMISSION NO. 1: Admit that on August 18, 2018, Plaintiff Northpoint Capital Fund, LLC entered into an installment note With Defendants Eagle Home Loans and Investment, LLC and Iron Springs Development, LLC. REQUEST FOR ADMISSION NO. 2: Admit that attached as Exhibit A is a true and correct copy 0f the installment note between PlaintiffNorthpoint Capital Fund, LLC, Defendants Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC. REQUEST FOR ADMISSION NO. 3: Admit that James McClenahan drafted the installment note, which is attached as Exhibit A, in his capacity as a licensed real estate professional for Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 4: Admit that Saul Flores executed the installment note, Which is attached as Exhibit A, 0n behalf of Eagle Home Loans and Investment, LLC as its managing partner. REQUEST FOR ADMISSION NO. 5: Admit that Saul Flores executed the installment note, Which is attached as Exhibit A, 0n behalf of Iron Springs Development, LLC as its managing partner. REQUEST FOR ADMISSION NO. 6: Admit that Eagle Home Loans and Investment, LLC has been involved in real estate development since August 18, 2018. REQUEST FOR ADMISSION NO. 7: Admit that Saul Flores has been the manager 0f Eagle Home Loans and Investment, LLC since August 18, 2018. REQUEST FOR ADMISSION NO. 8: Admit that Saul Flores has been a member ofEagle Home Loans and Investment, LLC since August 18, 2018. -5- REQUEST FOR ADMISSIONS To IRON SPRINGS DEVELOPMENT, INC., SET ONE 4826-3371 -1 354v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSION NO. 9: Admit that Saul Flores has been the manager 0f Iron Springs Development, LLC since August 18, 2018. REQUEST FOR ADMISSION NO. 10: Admit that Saul Flores has been a member ofIron Springs Development, LLC since August 1 8, 201 8. REQUEST FOR ADMISSION NO. 11: Admit that 0n March 28, 2019, Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC executed an updated installment note. REQUEST FOR ADMISSION NO. 12: Admit that attached as Exhibit B is a true and correct copy 0f the updated installment note between Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC dated March 28, 2019. REQUEST FOR ADMISSION NO. 13: Admit that Saul Flores executed the updated installment note, which is attached as Exhibit B, 0n behalf 0f Eagle Home Loans and Investment, LLC as its managing partner. REQUEST FOR ADMISSION NO. 14: Admit that Saul Flores executed the updated installment note, which is attached as Exhibit B, 0n behalf of Iron Springs Development, LLC as its managing partner. REQUEST FOR ADMISSION NO. 15: Admit that 0n May 1, 2019, Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC executed another updated installment note. REQUEST FOR ADMISSION NO. 16: Admit that attached as Exhibit C is a true and correct copy 0f the updated installment note between Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC dated May 1, 2019. -6- REQUEST FOR ADMISSIONS To IRON SPRINGS DEVELOPMENT, INC., SET ONE 4826-3371 -1 354v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSION NO. 17: Admit that Saul Flores executed the installment note, Which is attached as Exhibit C, 0n behalf 0f Eagle Home Loans and Investment, LLC as its managing partner. REQUEST FOR ADMISSION NO. 18: Admit that Saul Flores executed the installment note, Which is attached as Exhibit C, 0n behalf of Iron Springs Development, LLC as its managing partner. REQUEST FOR ADMISSION NO. 19: Admit that Eagle Home Loans and Investment, LLC has not paid the amounts owed (Whether principal or interest) under the promissory notes t0 Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 20: Admit that Iron Springs Development, LLC has not paid the amounts owed (whether principal or interest) under the promissory notes to Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 21: Admit that as 0f August 4, 2021, the total amount owed by Eagle Home Loans and Investment, LLC t0 Northpoint Capital Fund, LLC 0n the promissory notes with interest is $320,781.39. REQUEST FOR ADMISSION NO. 22: Admit that as 0fAugust 4, 202 1 , the total amount owed by Iron Springs Development, LLC t0 Northpoint Capital Fund, LLC 0n the promissory notes with interest is $320,781.39. REQUEST FOR ADMISSION NO. 23: Admit that in 2020, Saul Flores performed acts t0 prevent the foreclosure ofthe collateral 0n the notes by Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 24: Admit that in 2020, James McClenahan performed acts t0 prevent the foreclosure 0f the collateral on the notes by Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 25: Admit that in 2020, Iron Springs Development, LLC performed acts t0 prevent the foreclosure 0f the collateral 0n the notes by Northpoint Capital Fund, LLC. -7- REQUEST FOR ADMISSIONS To IRON SPRINGS DEVELOPMENT, INC., SET ONE 4826-3371 -1 354v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSION NO. 26: Admit that in 2020, Eagle Home Loans and Investment, LLC performed acts to prevent the foreclosure of the collateral on the notes by Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 27 : Admit that Saul Flores’ attorney contacted the company processing the foreclosure of the collateral 0n the promissory notes and stated that it could not foreclose 0n the EL RIO PROPERTIES because the installment notes contained a usury interest rate. REQUEST FOR ADMISSION NO. 28: Admit that the company processing the foreclosure of the collateral on the EL RIO PROPERTIES refused to proceed with the foreclosure because Saul Flores’ attorney told the company that the installment notes contained a usury interest rate. REQUEST FOR ADMISSION NO. 29: Admit that since Northpoint Capital Fund, LLC was unable to proceed With the foreclosure, the first lienholder on the EL RIO PROPERTIES foreclosed on the property. DATED: SEPTEMBER 13, 2021 BERLINER COHEN, LLP BY; éak JOSHfiA-BdRGER ATTORNEYS FOR PLAINTIFF NORTHPOINT CAPITAL FUND. LLC -8- REQUEST FOR ADMISSIONS T0 IRON SPRINGS DEVELOPMENT, INC., SET ONE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A DO NOT DESTROY THIS NOTE: When paid, this note, with Deed of Trust securing same, must be surrendered ,to Trustee for cancellation before reconveyance wilt be made Escrow No. INSTALLMENT NOTE -- INTEREST INCLUDED $500,000.00 San Jose, California August 10, 2018 For value received, Iron Springs Development, LLC, Eagle Home Loans and Investment, LLC C‘payor/trustor") promise to pay to Northpoint Capitai Fund, LLC. C‘payee/beneficiary") or order, at place designated by C‘payee/beneflciary"), the principal sum of Five Hundred Thousand dollars, with Interest from August 10, 2018 at the rate of 12.0 percent per annum on the amounts of principai sum remaining unpaid from time to time. Principal and interest payable in monthly installments of as per balance owing at end of every month or more each, on the 18th day of each and every month beginning on September 10, 2018 and continuing until January 15, 2019. Late Charge of 10% on any and all payments received 10 days from due date. ”Ihis note is a Line of Credit, payment based on the oustanding balance at the end of every month. No prepayment penalty Extension avaiable with a 1.0% per month pius note rate. Default interst at 18.0% plus note rate. Note is secured by a Deed of Trust on: 20525 Iron Springs Road, Los Gates, CA. 95030, 925 Ei Rio Drive, San Jose, CA. 95125 and 929 El Rio Drive, San Jose, CA. 95125 The Deed of Trust securing this note contains the following provision: In the event the herein described property, or any part thereof, or any Interest therein, is sold, agreed to be sold, conveyed or ailenated by the Trustor, or by the operation of law or otherwise, alt obligations secured by this instrument, irrespective of the maturity dates expressed therein, at the option of the holder hereof, and without demand or notice, shall immediately become due and payable. Each payment shall be credited first on interest then due and the remainder on principal; and interest shall then cease upon the principal so credited. Principal, interest, and all other sums which may become due 1n connection with this note and the deed of trust securing same, shall be payable in lawful money of th'e United States of America. Should default be made In any payment when due, the whole Sum o'f principal and Interest shail become imm iateiy due at the option of the holder of this note. If action be instituted on this note, sums as the Court may fix as win?fem ‘‘ \ 5/ é / i Mffigs Developmént, LLC. by it’s managing jagte’fiom'é'mwérfi afid Investment, LLC. by4t's’ partner: Saul R. Flores managing partner: Saul R. Flores 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT B Updated Installment Note Amount: $ 250,000 Date: March 28 2019 Santa Clara, CA FOR VALUE RECEIVED, Iron Springs Development, LLC, Eagle Home Loans and Investment, LLC (“payor/tmstor”) the undersigned promises to pay to the order ofNorth point Capital Fund, LLC (payee/beneficiary") or order, at place designated by (“paycc/bcneficiary”), The principal sum of Two Hundred Fifty, Thousand g $250000) Dollars in legal tender of the United States, with interest from Februm 15 ,20 l 9 or the date of funding at the rate of 12% annualized per year for 6 months. Interest Only payments will be made monthly, starting 30 days after the close in the amount of$2.500 per month. If any payment is not paid when due or if payment made does not cover all interest accrued through date ofpayment, remaining interest accrued shall be added t0 principal and shall bear interest 18% plus note rate. Payments, principal and interest shall be payable at the office of holder(s): Northpoint Capital Fund, LLC 305 Vineyard Town Center #228, Morgan Hill CA 95037 at any such other place as the holder hereofmay designate in writing. This note is due in its entirety at the earlier of the sale or transfer 0fthe property or 6 months from the origination. If fulfillment of any provision hereof or any transaction related hereto or to any indebtedness secured hereby, at the time performance of such provisions shall be due, shall involve transcending the limit of validity prescribed by law, then ipso facto, the obligation to be fulfilled shall be reduced to the limit ofsuch validity; and if any clause or provisions herein contained operate or would prospectively operate t0 invalidate this Note in whole or in part, then such clause or provision only shall be held for naught, as though not herein contained, and the remainder ofthis Note shall remain operative and in fiJll force and effect. In the event any payment is made by personal check, and such check is returned by the financial institution on which it is drawn without payment of same, for any reason, the holder of this Note shall be entitled to collect from the borrower a handling fee of 5% ofthe amount ofsuch check or $35.00, whichever is greater. Such fee shall be in addition to any other fees and costs allowed by this Note. Late Charge of 10% on any and all payments received 10 days from due date. 2W Extension Feé: Prepaid 1% per month Minter-G’LWW ; No prepayment penalty. Note is secured by a deed ofTrust on: 20525 Iron Springs Road, Los Gatos, CA 95030, 925 El Rio Drive, San Jose, CA 95 125, and 929 E1 Rio Drive, San Jose, CA 95125, from original note dated August 10, 2018. The deed of trust securing this note contains the following provision: In the event the herein described property, or any part thereof, or any interest therein, is sold, agreed to be sold, conveyed or alienated by the Trustor, or by the operation of law or otherwise, all obligations secured by this instrument, irrespective of the maturity dates expressed therein, at the option of the holder hereof, and without demand or notice, shall immediately become due and payable. Default under any other obligation of maker, or makers, jointly and severally, to note holder, shall be considered a default under this note also. 1t is further agreed that failure of the holder to exercise this right of accelerating the maturity ofthe debt, or indulgence granted from time to time, shall in no event be considered as a waiver of such right of acceleration or estop the holder from exercising the right. Each payment shall be credited first on interest then due and the remainder on principal; and interest shall then case upon the principal so credited. Principal, interest, and all other sums which may become due in connection with this note and the deed of trust securing same, shall be payable in lawful money of the United States of American. Should default be made in any payment when due, the whole sum of principal and interest shall become immediately due at the option of the holder of this note. If action be instituted on this note, I promise to pay such sums as the Court may fix as attorney’s fees. And each of the undersigned, whether principal, surety, guarantor, endorser, or other party, severally waives and renounces each for himself and family, any and a1] homestead and exemption rights either of us, or the family of either of us, may have under or by virtue ofthe laws ofthe State of California, or any other State, or the United States, as against this debt or any renewal or extension thereof, and further waive emand, protest, presentment, notice of demand, protest and nonpayment. WITNESS ‘e h and se of undersigned. % ' / /Vl/ Dateazdfl y 0/7/ Datjz4/Z// lro_ ngs Developme LC /E21gl¢Means and Investment, LLC. y Its managmg panner: aul Flores by its managing partner: Saul Flor 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT C Updated Installment Note Amount: $ 250,000 Date: May 15‘. 2019 Santa Clara, CA FOR VALUE RECEIVED, Iron Springs Development, LLC, Eagle Home Loans and Investment, LLC (“payor/trustor”) the undersigned promises to pay to the order ofNorth point Capital Fund, LLC (payee/beneficiary”) 0r order, at place designated by (“payee/beneficiary”), The principal sum of Two Hundred Fitrv Thousand g $250,000! Dollars in legal tender of the United States, with interest from Februag 15 ,2019 or the date of funding at the rate of 12% annualized per year for Six (6) months. Interest Only payments will be made monthly, starting March 15'“, 2019 in the amount of$2.500 per month on the 15‘“ of each month. Payments, principal and interest shall be payable at the office of holder(s): Northpoint Capital Fund, LLC 305 Vineyard Town Center #228, Morgan Hill CA 95037 at any such other place as the holder hereof may designate in writing. This note is duc in its entirety at the earlier event ofthe due date of August 15‘”, 2019 or the sale or transfer of any secured property. If fulfillment of any provision hereofor any transaction related hereto or to any indebtedness secured hereby, at the time performance of such provisions shall be due, shall involve transcending the limit 0f validity prescribed by law, then ipso facto, the obligation to be fulfilled shall be reduced to the limit of such validity; and if any clause or provisions herein contained operate or would prospectively operate to invalidate this Note in whole or in part, then such clause or provision only shall be held for naught, as though not herein contained, and the remainder of this Note shall remain operative and in full force and effect. In the event any payment is made by personal check, and such check is returned by the financial institution on which it is drawn without payment of same, for any reason, the holder ofNote shall be entitled to collect from the borrower a handling fee of $35.00. Such fee shall be in addition to any other fees and costs allowed by this Note. Late Charge Clause: In the event any interest payment due is not made within 10 days afier the due date, a late charge ofTen Percent, (10%) calculated on the payment due. This late charge is in effect until the loan is paid in full. Extension Fee: Maker shall have the right to extend this Note by 90 days by prepaying $2,500 before the due date. Prepayment Penalg: The principal amount of this Note may be prepaid, in whole or in part, at any time without penalty, in which event, interest shall cease to accrue on the portion ofthe principal so prepaid. Due on Sale Clause: The deed of trust securing this note contains the following provision: In the event the herein described property, or any part thereof, or any interest therein, is sold, agreed to bc sold, conveyed or alienated by the Trustor, or by the operation of law or otherwise, a1] obligations secured by this instrument, irrespective of the maturity dates expressed therein, at the option of the holder hereot”, and without demand or notice, shall immediately become due and payable. Default in Principal Payoff: Maker has the right to extend Note per terms above for a total sum of 180 days from date of execution. Should any principal amount under this Note not be paid when due, then all remaining principal and accrued interest shall become immediately due and payable at the option of the Holder. In no event shall the interest rate charged under this Note exceed the maximum rate permitted under applicable law. Note is secured by a deed of Trust on 20525 Iron Springs Road, Los Gatos, CA 95030, 925 El Rio Drive, San Jose, CA 95 125, and 929 El Rio Drive, San Jose, CA 95 125, from original note dated August 10, 2018. Each payment shall be credited first on interest then due and the remainder on principal; and interest shall then case upon the principal so credited. Principal, interest, and all other sums which may become due in connection with this note and the deed of trust securing same, shall be payable in lawful money of the United States of American. Maker agrees to pay the costs of foreclosure and such additional sums as a court my adjudge reasonable as attorney fees in any suit. This Note is the extension of the original Note dated August 10‘“, 2018 and these terms govern and are in effect from date ofexecution forward. And each of the undersigned, whether principal, surety, guarantor, endorser, or other pany, severally waives and renounces each for himself and family, any and all homestead and exemption rights either of us, or the family of either of us, may have under or by virtue of the laws 0f the State of California, or any other State, or the United States, as against this debt or any renewal or extension ther d further vaive demand, protest, presentment, notice emand, pro and nonpayment. WITNESS t d and s f e undersigned. fl/{A Date €24 '_ |q /// Date q,“ l "I Z II'OIII S 'ngs' veprment, MLC. Eagle me fioansba'ndfinvestment, LLC. [by mana g paflncr: Saul Flores b ' s managing partner: Saul Flor 4840-6628-8886v2 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOSHUA BORGER, CA STATE BAR N0. 23 1 951 BERLINER COHEN, LLP TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN JOSE, CALIFORNIA 951 13-2233 TELEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 joshua.borger@berliner.com ATTORNEYS FOR PLAINTIFF NORTHPOINT CAPITAL FUND, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA NORTHPOINT CAPITAL FUND, LLC, a CASE NO. 21CV381025 Delaware limited liability company, PLAINTIFF’S REQUESTS FOR Plaintiff, ADMISSIONS, SET ONE, TO DEFENDANT JAMES MCCLENAHAN V. JAMES MCCLENAHAN; SAUL FLORES; EAGLE HOME LOANS AND INVESTMENT, LLC; IRON SPRINGS DEVELOPMENT, LLC; and DOES 1 through 25, inclusive, Case Filed: March 23, 2021 Defendant. DEMANDING PARTY: PLAINTIFF NORTHPOINT CAPITAL FUND, LLC RESPONDING PARTY: DEFENDANT JAMES MCCLENAHAN SET NO.: ONE NORTHPOINT CAPITAL FUND, LLC requests that Defendant JAMES MCCLENAHAN, (“Responding Party”) answer the following Requests for Admissions, Set N0. One, under oath and with such information that is presently available and known pursuant t0 Code of Civil Procedure sections 2033.210 and 2033.250. //// //// //// -1- REQUEST FOR ADMISSIONS To DEFENDANT JAMES MCCLENAHAN, SET ONE 4840-6628-8886v2 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFINITIONS AND INSTRUCTIONS A. The term “PERSON” includes any natural person, including, but not limited t0, any custodian 0frecords, firm, association, partnership, joint venture, corporation, related 0r associated company, trust 0r other form 0f legal entity. B. The term “WITNESSES” includes any and all persons having knowledge 0f, pertaining to, relating t0, or touching upon the item in question. C. The term “FACTS” includes all circumstances, events and evidence pertaining t0, relating to 0r touching upon the item in question. D. “DOCUMENT” means a writing and refers t0 handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical 0r electronic recording and every other means ofrecording upon any tangible thing, including letters, words, numbers, pictures, sounds, 0r symbols, 0r combinations thereof, including, but not limited t0, Videotapes, magnetic, read-only memory, 0r optical recordings, computer disks, and electronic mail messages. Without limitation of the term “control,” a DOCUMENT is deemed to be in your control if you have the right to secure the DOCUMENT 0r a copy thereof from another person 0r public or private entity having actual possession thereof. If a DOCUMENT is responsive t0 a request for identification and is in your control, but is not in your possession or custody, identify the person With possession 0r custody. If copies of a DOCUMENT have been prepared and the copies are not identical (0r have undergone alteration by the addition 0r deletion 0f notations or other modifications), each non- identical copy is a separate “DOCUMENT.” E. The term “STATEMENT” means any oral, written, stenographic 0r recorded declaration 0f any type 0r description. F. The term “CORRESPONDENCE” means, unless otherwise specified, any transfer 0f information, ideas, opinions 0r thoughts by any means at any time 0r place under any circumstances and is not limited to transfers between persons but includes other transfers, such as records and memoranda t0 file. The term “CORRESPONDENCE” includes the following: -2- REQUEST FOR ADMISSIONS To DEFENDANT JAMES MCCLENAHAN, SET ONE 4840-6628-8886v2 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) Any written letter, memorandum, or other DOCUMENT Which was sent by one or more individuals to another; (2) Any telephone call between one or more individuals and another, whether or not such call was by chance 0r prearranged, formal 0r informal; (3) Any conversation 0r meeting between one 0r more individuals and another, whether or not such contact was by chance 0r prearranged, formal 0r informal. G. The words “REPRESENTATIVE” 0r “REPRESENTATIVES” refer to and include any person Who acts, has at any time acted, 0r has at any time by any person been requested 0r solicited t0 act, atYOUR request, forYOUR benefit, 0r 0nYOUR behalf; or one who acts or has at any time acted with YOUR knowledge, consent, 0r acquiescence. H. “ANY” or “EACH” shall include and encompass “all” and “every.” I. “HE” (and its derivatives) shall include and encompass “SHE” and “IT” (and their respective derivatives). J. “OR” shall include and encompass “and” and “AND” shall be understood t0 include “0r.” K. The terms “RELATE” 0r “RELATING TO” include referring to, alluding t0, responding t0, regarding, discussing, showing, describing, reflecting, analyzing, constituting, including, mentioning, in respect of, 0r about. L. If a request calls for the production 0f a DOCUMENT that has already been produced, it Will be sufficient to describe the responsive DOCUMENT Which has already been produced. M. If, after exercising due diligence t0 obtain the items requested, YOU cannot or will not produce all 0f the DOCUMENTS requested herein, Whether because of privilege or otherwise, YOUR Response should include the following: (1) A statement that YOUR production is 0r will be incomplete; (2) A specification 0f which request 0r subpart thereof for which YOU will be unable 0r unwilling t0 produce; and -3- REQUEST FOR ADMISSIONS To DEFENDANT JAMES MCCLENAHAN, SET ONE 4840-6628-8886v2 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) A statement of the facts and/or grounds upon Which YOU rely t0 support YOUR contention that YOU are not able and/or should not be compelled to produce completely. N. IfYOU or YOUR REPRESENTATIVE asserts that any document required to be produced is privileged or otherwise protected from discovery, YOUR Response should include the following: (1) The place, approximate date, and manner ofrecording 0r otherwise preparing the document; (2) The name and organizational position, if any, ofeach sender ofthe document; (3) The name and organizational position, if any, 0f each recipient 0f the document; (4) The name and organizational position, if any, 0f each person (other than stenographic or clerical assistance) participating in the preparation of the document; (5) The name and organizational position, if any, of each person t0 whom the contents of the document 0r any portion thereof have heretofore been communicated by copy, exhibition, reading or substantial summarization; (6) A statement 0f the basis 0n Which privilege is claimed With respect t0 each document and Whether 0r not the contents 0f each document are limited solely t0 legal advice or information provided for the purpose of securing legal advice; (7) The number of the demand t0 Which the document is responsive; and (8) The identity and organizational position, if any, ofeach person supplying the author ofyour response hereto With the information requested in subsections (1) through (7) above. O. Pursuant t0 Code of Civil Procedure section 203 1 .030, the request for production 0f documents embodied herein shall be deemed continuous up t0 and following the date 0f your deposition such that any document requested herein which is either discovered by you or comes Within your possession, custody or control subsequent t0 your initial production but prior t0 the final conclusion 0f this case should be produced immediately upon its discovery 0r receipt. P. The phase “EL RIO PROPERTIES” shall refer to the real properties located at 925 and 929 E1 Rio Drive, San Jose, California, collectively. -4- REQUEST FOR ADMISSIONS To DEFENDANT JAMES MCCLENAHAN, SET ONE 4840-6628-8886v2 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUESTS FOR ADMISSIONS REQUEST FOR ADMISSION NO. 1: Admit that on August 18, 2018, Plaintiff Northpoint Capital Fund, LLC entered into an installment note With Defendants Eagle Home Loans and Investment, LLC and Iron Springs Development, LLC. REQUEST FOR ADMISSION NO. 2: Admit that attached as Exhibit A is a true and correct copy 0f the installment note between PlaintiffNorthpoint Capital Fund, LLC, Defendants Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC. REQUEST FOR ADMISSION NO. 3: Admit that James McClenahan drafted the installment note, which is attached as Exhibit A, in his capacity as a licensed real estate professional for Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 4: Admit that Saul Flores executed the installment note, Which is attached as Exhibit A, 0n behalf of Eagle Home Loans and Investment, LLC as its managing partner. REQUEST FOR ADMISSION NO. 5: Admit that Saul Flores executed the installment note, Which is attached as Exhibit A, 0n behalf of Iron Springs Development, LLC as its managing partner. REQUEST FOR ADMISSION NO. 6: Admit that Eagle Home Loans and Investment, LLC has been involved in real estate development since August 18, 2018. REQUEST FOR ADMISSION NO. 7: Admit that Saul Flores has been the manager 0f Eagle Home Loans and Investment, LLC since August 18, 2018. REQUEST FOR ADMISSION NO. 8: Admit that Saul Flores has been a member ofEagle Home Loans and Investment, LLC since August 18, 2018. -5- REQUEST FOR ADMISSIONS To DEFENDANT JAMES MCCLENAHAN, SET ONE 4840-6628-8886v2 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSION NO. 9: Admit that Saul Flores has been the manager 0f Iron Springs Development, LLC since August 18, 2018. REQUEST FOR ADMISSION NO. 10: Admit that Saul Flores has been a member ofIron Springs Development, LLC since August 1 8, 201 8. REQUEST FOR ADMISSION NO. 11: Admit that 0n March 28, 2019, Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC executed an updated installment note. REQUEST FOR ADMISSION NO. 12: Admit that attached as Exhibit B is a true and correct copy 0f the updated installment note between Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC dated March 28, 2019. REQUEST FOR ADMISSION NO. 13: Admit that Saul Flores executed the updated installment note, which is attached as Exhibit B, 0n behalf 0f Eagle Home Loans and Investment, LLC as its managing partner. REQUEST FOR ADMISSION NO. 14: Admit that Saul Flores executed the updated installment note, which is attached as Exhibit B, 0n behalf of Iron Springs Development, LLC as its managing partner. REQUEST FOR ADMISSION NO. 15: Admit that 0n May 1, 2019, Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC executed another updated installment note. REQUEST FOR ADMISSION NO. 16: Admit that attached as Exhibit C is a true and correct copy 0f the updated installment note between Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC dated May 1, 2019. -6- REQUEST FOR ADMISSIONS To DEFENDANT JAMES MCCLENAHAN, SET ONE 4840-6628-8886v2 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSION NO. 17: Admit that Saul Flores executed the installment note, Which is attached as Exhibit C, 0n behalf 0f Eagle Home Loans and Investment, LLC as its managing partner. REQUEST FOR ADMISSION NO. 18: Admit that Saul Flores executed the installment note, Which is attached as Exhibit C, 0n behalf of Iron Springs Development, LLC as its managing partner. REQUEST FOR ADMISSION NO. 19: Admit that Eagle Home Loans and Investment, LLC has not paid the amounts owed (Whether principal or interest) under the promissory notes t0 Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 20: Admit that Iron Springs Development, LLC has not paid the amounts owed (whether principal or interest) under the promissory notes to Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 21: Admit that as 0f August 4, 2021, the total amount owed by Eagle Home Loans and Investment, LLC t0 Northpoint Capital Fund, LLC 0n the promissory notes with interest is $320,781.39. REQUEST FOR ADMISSION NO. 22: Admit that as 0fAugust 4, 202 1 , the total amount owed by Iron Springs Development, LLC t0 Northpoint Capital Fund, LLC 0n the promissory notes with interest is $320,781.39. REQUEST FOR ADMISSION NO. 23: Admit that in 2020, Saul Flores performed acts t0 prevent the foreclosure ofthe collateral 0n the notes by Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 24: Admit that in 2020, James McClenahan performed acts t0 prevent the foreclosure 0f the collateral on the notes by Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 25: Admit that in 2020, Iron Springs Development, LLC performed acts t0 prevent the foreclosure 0f the collateral 0n the notes by Northpoint Capital Fund, LLC. -7- REQUEST FOR ADMISSIONS To DEFENDANT JAMES MCCLENAHAN, SET ONE 4840-6628-8886v2 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSION NO. 26: Admit that in 2020, Eagle Home Loans and Investment, LLC performed acts to prevent the foreclosure of the collateral on the notes by Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 27 : Admit that Saul Flores’ attorney contacted the company processing the foreclosure of the collateral 0n the promissory notes and stated that it could not foreclose 0n the EL RIO PROPERTIES because the installment notes contained a usury interest rate. REQUEST FOR ADMISSION NO. 28: Admit that the company processing the foreclosure of the collateral on the EL RIO PROPERTIES refused to proceed with the foreclosure because Saul Flores’ attorney told the company that the installment notes contained a usury interest rate. REQUEST FOR ADMISSION NO. 29: Admit that since Northpoint Capital Fund, LLC was unable to proceed With the foreclosure, the first lienholder on the EL RIO PROPERTIES foreclosed on the property. DATED: SEPTEMBER 13, 2021 BERLINER COHEN, LLP BY: <¢%?-\ JOSfiArB’OVRGER K $ \ LAATTORNEYS FOR P FF NORTHPOINT CAPITAL FUND. LLC -8- REQUEST FOR ADMISSIONS T0 DEFENDANT JAMES MCCLENAHAN, SET ONE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A DO NOT DESTROY THIS NOTE: When paid, this note, with Deed of Trust securing same, must be surrendered ,to Trustee for cancellation before reconveyance wilt be made Escrow No. INSTALLMENT NOTE -- INTEREST INCLUDED $500,000.00 San Jose, California August 10, 2018 For value received, Iron Springs Development, LLC, Eagle Home Loans and Investment, LLC C‘payor/trustor") promise to pay to Northpoint Capitai Fund, LLC. C‘payee/beneficiary") or order, at place designated by C‘payee/beneflciary"), the principal sum of Five Hundred Thousand dollars, with Interest from August 10, 2018 at the rate of 12.0 percent per annum on the amounts of principai sum remaining unpaid from time to time. Principal and interest payable in monthly installments of as per balance owing at end of every month or more each, on the 18th day of each and every month beginning on September 10, 2018 and continuing until January 15, 2019. Late Charge of 10% on any and all payments received 10 days from due date. ”Ihis note is a Line of Credit, payment based on the oustanding balance at the end of every month. No prepayment penalty Extension avaiable with a 1.0% per month pius note rate. Default interst at 18.0% plus note rate. Note is secured by a Deed of Trust on: 20525 Iron Springs Road, Los Gates, CA. 95030, 925 Ei Rio Drive, San Jose, CA. 95125 and 929 El Rio Drive, San Jose, CA. 95125 The Deed of Trust securing this note contains the following provision: In the event the herein described property, or any part thereof, or any Interest therein, is sold, agreed to be sold, conveyed or ailenated by the Trustor, or by the operation of law or otherwise, alt obligations secured by this instrument, irrespective of the maturity dates expressed therein, at the option of the holder hereof, and without demand or notice, shall immediately become due and payable. Each payment shall be credited first on interest then due and the remainder on principal; and interest shall then cease upon the principal so credited. Principal, interest, and all other sums which may become due 1n connection with this note and the deed of trust securing same, shall be payable in lawful money of th'e United States of America. Should default be made In any payment when due, the whole Sum o'f principal and Interest shail become imm iateiy due at the option of the holder of this note. If action be instituted on this note, sums as the Court may fix as win?fem ‘‘ \ 5/ é / i Mffigs Developmént, LLC. by it’s managing jagte’fiom'é'mwérfi afid Investment, LLC. by4t's’ partner: Saul R. Flores managing partner: Saul R. Flores 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT B Updated Installment Note Amount: $ 250,000 Date: March 28 2019 Santa Clara, CA FOR VALUE RECEIVED, Iron Springs Development, LLC, Eagle Home Loans and Investment, LLC (“payor/tmstor”) the undersigned promises to pay to the order ofNorth point Capital Fund, LLC (payee/beneficiary") or order, at place designated by (“paycc/bcneficiary”), The principal sum of Two Hundred Fifty, Thousand g $250000) Dollars in legal tender of the United States, with interest from Februm 15 ,20 l 9 or the date of funding at the rate of 12% annualized per year for 6 months. Interest Only payments will be made monthly, starting 30 days after the close in the amount of$2.500 per month. If any payment is not paid when due or if payment made does not cover all interest accrued through date ofpayment, remaining interest accrued shall be added t0 principal and shall bear interest 18% plus note rate. Payments, principal and interest shall be payable at the office of holder(s): Northpoint Capital Fund, LLC 305 Vineyard Town Center #228, Morgan Hill CA 95037 at any such other place as the holder hereofmay designate in writing. This note is due in its entirety at the earlier of the sale or transfer 0fthe property or 6 months from the origination. If fulfillment of any provision hereof or any transaction related hereto or to any indebtedness secured hereby, at the time performance of such provisions shall be due, shall involve transcending the limit of validity prescribed by law, then ipso facto, the obligation to be fulfilled shall be reduced to the limit ofsuch validity; and if any clause or provisions herein contained operate or would prospectively operate t0 invalidate this Note in whole or in part, then such clause or provision only shall be held for naught, as though not herein contained, and the remainder ofthis Note shall remain operative and in fiJll force and effect. In the event any payment is made by personal check, and such check is returned by the financial institution on which it is drawn without payment of same, for any reason, the holder of this Note shall be entitled to collect from the borrower a handling fee of 5% ofthe amount ofsuch check or $35.00, whichever is greater. Such fee shall be in addition to any other fees and costs allowed by this Note. Late Charge of 10% on any and all payments received 10 days from due date. 2W Extension Feé: Prepaid 1% per month Minter-G’LWW ; No prepayment penalty. Note is secured by a deed ofTrust on: 20525 Iron Springs Road, Los Gatos, CA 95030, 925 El Rio Drive, San Jose, CA 95 125, and 929 E1 Rio Drive, San Jose, CA 95125, from original note dated August 10, 2018. The deed of trust securing this note contains the following provision: In the event the herein described property, or any part thereof, or any interest therein, is sold, agreed to be sold, conveyed or alienated by the Trustor, or by the operation of law or otherwise, all obligations secured by this instrument, irrespective of the maturity dates expressed therein, at the option of the holder hereof, and without demand or notice, shall immediately become due and payable. Default under any other obligation of maker, or makers, jointly and severally, to note holder, shall be considered a default under this note also. 1t is further agreed that failure of the holder to exercise this right of accelerating the maturity ofthe debt, or indulgence granted from time to time, shall in no event be considered as a waiver of such right of acceleration or estop the holder from exercising the right. Each payment shall be credited first on interest then due and the remainder on principal; and interest shall then case upon the principal so credited. Principal, interest, and all other sums which may become due in connection with this note and the deed of trust securing same, shall be payable in lawful money of the United States of American. Should default be made in any payment when due, the whole sum of principal and interest shall become immediately due at the option of the holder of this note. If action be instituted on this note, I promise to pay such sums as the Court may fix as attorney’s fees. And each of the undersigned, whether principal, surety, guarantor, endorser, or other party, severally waives and renounces each for himself and family, any and a1] homestead and exemption rights either of us, or the family of either of us, may have under or by virtue ofthe laws ofthe State of California, or any other State, or the United States, as against this debt or any renewal or extension thereof, and further waive emand, protest, presentment, notice of demand, protest and nonpayment. WITNESS ‘e h and se of undersigned. % ' / /Vl/ Dateazdfl y 0/7/ Datjz4/Z// lro_ ngs Developme LC /E21gl¢Means and Investment, LLC. y Its managmg panner: aul Flores by its managing partner: Saul Flor 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT C Updated Installment Note Amount: $ 250,000 Date: May 15‘. 2019 Santa Clara, CA FOR VALUE RECEIVED, Iron Springs Development, LLC, Eagle Home Loans and Investment, LLC (“payor/trustor”) the undersigned promises to pay to the order ofNorth point Capital Fund, LLC (payee/beneficiary”) 0r order, at place designated by (“payee/beneficiary”), The principal sum of Two Hundred Fitrv Thousand g $250,000! Dollars in legal tender of the United States, with interest from Februag 15 ,2019 or the date of funding at the rate of 12% annualized per year for Six (6) months. Interest Only payments will be made monthly, starting March 15'“, 2019 in the amount of$2.500 per month on the 15‘“ of each month. Payments, principal and interest shall be payable at the office of holder(s): Northpoint Capital Fund, LLC 305 Vineyard Town Center #228, Morgan Hill CA 95037 at any such other place as the holder hereof may designate in writing. This note is duc in its entirety at the earlier event ofthe due date of August 15‘”, 2019 or the sale or transfer of any secured property. If fulfillment of any provision hereofor any transaction related hereto or to any indebtedness secured hereby, at the time performance of such provisions shall be due, shall involve transcending the limit 0f validity prescribed by law, then ipso facto, the obligation to be fulfilled shall be reduced to the limit of such validity; and if any clause or provisions herein contained operate or would prospectively operate to invalidate this Note in whole or in part, then such clause or provision only shall be held for naught, as though not herein contained, and the remainder of this Note shall remain operative and in full force and effect. In the event any payment is made by personal check, and such check is returned by the financial institution on which it is drawn without payment of same, for any reason, the holder ofNote shall be entitled to collect from the borrower a handling fee of $35.00. Such fee shall be in addition to any other fees and costs allowed by this Note. Late Charge Clause: In the event any interest payment due is not made within 10 days afier the due date, a late charge ofTen Percent, (10%) calculated on the payment due. This late charge is in effect until the loan is paid in full. Extension Fee: Maker shall have the right to extend this Note by 90 days by prepaying $2,500 before the due date. Prepayment Penalg: The principal amount of this Note may be prepaid, in whole or in part, at any time without penalty, in which event, interest shall cease to accrue on the portion ofthe principal so prepaid. Due on Sale Clause: The deed of trust securing this note contains the following provision: In the event the herein described property, or any part thereof, or any interest therein, is sold, agreed to bc sold, conveyed or alienated by the Trustor, or by the operation of law or otherwise, a1] obligations secured by this instrument, irrespective of the maturity dates expressed therein, at the option of the holder hereot”, and without demand or notice, shall immediately become due and payable. Default in Principal Payoff: Maker has the right to extend Note per terms above for a total sum of 180 days from date of execution. Should any principal amount under this Note not be paid when due, then all remaining principal and accrued interest shall become immediately due and payable at the option of the Holder. In no event shall the interest rate charged under this Note exceed the maximum rate permitted under applicable law. Note is secured by a deed of Trust on 20525 Iron Springs Road, Los Gatos, CA 95030, 925 El Rio Drive, San Jose, CA 95 125, and 929 El Rio Drive, San Jose, CA 95 125, from original note dated August 10, 2018. Each payment shall be credited first on interest then due and the remainder on principal; and interest shall then case upon the principal so credited. Principal, interest, and all other sums which may become due in connection with this note and the deed of trust securing same, shall be payable in lawful money of the United States of American. Maker agrees to pay the costs of foreclosure and such additional sums as a court my adjudge reasonable as attorney fees in any suit. This Note is the extension of the original Note dated August 10‘“, 2018 and these terms govern and are in effect from date ofexecution forward. And each of the undersigned, whether principal, surety, guarantor, endorser, or other pany, severally waives and renounces each for himself and family, any and all homestead and exemption rights either of us, or the family of either of us, may have under or by virtue of the laws 0f the State of California, or any other State, or the United States, as against this debt or any renewal or extension ther d further vaive demand, protest, presentment, notice emand, pro and nonpayment. WITNESS t d and s f e undersigned. fl/{A Date €24 '_ |q /// Date q,“ l "I Z II'OIII S 'ngs' veprment, MLC. Eagle me fioansba'ndfinvestment, LLC. [by mana g paflncr: Saul Flores b ' s managing partner: Saul Flor 4825-81 34-8090v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOSHUA BORGER, CA STATE BAR N0. 23 1 951 BERLINER COHEN, LLP TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN JOSE, CALIFORNIA 951 13-2233 TELEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 joshua.borger@berliner.com ATTORNEYS FOR PLAINTIFF NORTHPOINT CAPITAL FUND, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA NORTHPOINT CAPITAL FUND, LLC, a CASE NO. 21CV381025 Delaware limited liability company, PLAINTIFF’S REQUESTS FOR Plaintiff, ADMISSIONS, SET ONE, TO DEFENDANT SAUL FLORES V. JAMES MCCLENAHAN; SAUL FLORES; EAGLE HOME LOANS AND INVESTMENT, LLC; IRON SPRINGS DEVELOPMENT, LLC; and DOES 1 through 25, inclusive, Case Filed: March 23, 2021 Defendant. DEMANDING PARTY: PLAINTIFF NORTHPOINT CAPITAL FUND, LLC RESPONDING PARTY: DEFENDANT SAUL FLORES SET NO.: ONE NORTHPOINT CAPITAL FUND, LLC requests that Defendant SAUL FLORES, (“Responding Party”) answer the following Requests for Admissions, Set N0. One, under oath and with such information that is presently available and known pursuant t0 Code of Civil Procedure sections 2033.210 and 2033.250. /// /// /// -1- REQUEST FOR ADMISSIONS T0 SAUL FLORES, SET ONE 4825-81 34-8090v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFINITIONS AND INSTRUCTIONS A. The term “PERSON” includes any natural person, including, but not limited t0, any custodian 0frecords, firm, association, partnership, joint venture, corporation, related 0r associated company, trust 0r other form 0f legal entity. B. The term “WITNESSES” includes any and all persons having knowledge 0f, pertaining to, relating t0, or touching upon the item in question. C. The term “FACTS” includes all circumstances, events and evidence pertaining t0, relating to 0r touching upon the item in question. D. “DOCUMENT” means a writing and refers t0 handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical 0r electronic recording and every other means ofrecording upon any tangible thing, including letters, words, numbers, pictures, sounds, 0r symbols, 0r combinations thereof, including, but not limited t0, Videotapes, magnetic, read-only memory, 0r optical recordings, computer disks, and electronic mail messages. Without limitation of the term “control,” a DOCUMENT is deemed to be in your control if you have the right to secure the DOCUMENT 0r a copy thereof from another person 0r public or private entity having actual possession thereof. If a DOCUMENT is responsive t0 a request for identification and is in your control, but is not in your possession or custody, identify the person With possession 0r custody. If copies of a DOCUMENT have been prepared and the copies are not identical (0r have undergone alteration by the addition 0r deletion 0f notations or other modifications), each non- identical copy is a separate “DOCUMENT.” E. The term “STATEMENT” means any oral, written, stenographic 0r recorded declaration 0f any type 0r description. F. The term “CORRESPONDENCE” means, unless otherwise specified, any transfer 0f information, ideas, opinions 0r thoughts by any means at any time 0r place under any circumstances and is not limited to transfers between persons but includes other transfers, such as records and memoranda t0 file. The term “CORRESPONDENCE” includes the following: -2- REQUEST FOR ADMISSIONS T0 SAUL FLORES, SET ONE 4825-81 34-8090v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) Any written letter, memorandum, or other DOCUMENT Which was sent by one or more individuals to another; (2) Any telephone call between one or more individuals and another, whether or not such call was by chance 0r prearranged, formal 0r informal; (3) Any conversation 0r meeting between one 0r more individuals and another, whether or not such contact was by chance 0r prearranged, formal 0r informal. G. The words “REPRESENTATIVE” 0r “REPRESENTATIVES” refer to and include any person Who acts, has at any time acted, 0r has at any time by any person been requested 0r solicited t0 act, atYOUR request, forYOUR benefit, 0r 0nYOUR behalf; or one who acts or has at any time acted with YOUR knowledge, consent, 0r acquiescence. H. “ANY” or “EACH” shall include and encompass “all” and “every.” I. “HE” (and its derivatives) shall include and encompass “SHE” and “IT” (and their respective derivatives). J. “OR” shall include and encompass “and” and “AND” shall be understood t0 include “0r.” K. The terms “RELATE” 0r “RELATING TO” include referring to, alluding t0, responding t0, regarding, discussing, showing, describing, reflecting, analyzing, constituting, including, mentioning, in respect of, 0r about. L. If a request calls for the production 0f a DOCUMENT that has already been produced, it Will be sufficient to describe the responsive DOCUMENT Which has already been produced. M. If, after exercising due diligence t0 obtain the items requested, YOU cannot or will not produce all 0f the DOCUMENTS requested herein, Whether because of privilege or otherwise, YOUR Response should include the following: (1) A statement that YOUR production is 0r will be incomplete; (2) A specification 0f which request 0r subpart thereof for which YOU will be unable 0r unwilling t0 produce; and -3- REQUEST FOR ADMISSIONS T0 SAUL FLORES, SET ONE 4825-81 34-8090v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (3) A statement of the facts and/or grounds upon Which YOU rely t0 support YOUR contention that YOU are not able and/or should not be compelled to produce completely. N. IfYOU or YOUR REPRESENTATIVE asserts that any document required to be produced is privileged or otherwise protected from discovery, YOUR Response should include the following: (1) The place, approximate date, and manner ofrecording 0r otherwise preparing the document; (2) The name and organizational position, if any, ofeach sender 0fthe document; (3) The name and organizational position, if any, 0f each recipient 0f the document; (4) The name and organizational position, if any, 0f each person (other than stenographic or clerical assistance) participating in the preparation of the document; (5) The name and organizational position, if any, of each person t0 whom the contents of the document 0r any portion thereof have heretofore been communicated by copy, exhibition, reading or substantial summarization; (6) A statement 0f the basis 0n Which privilege is claimed With respect t0 each document and Whether 0r not the contents 0f each document are limited solely t0 legal advice or information provided for the purpose of securing legal advice; (7) The number of the demand t0 Which the document is responsive; and (8) The identity and organizational position, if any, ofeach person supplying the author ofyour response hereto With the information requested in subsections (1) through (7) above. O. Pursuant t0 Code of Civil Procedure section 203 1 .030, the request for production 0f documents embodied herein shall be deemed continuous up t0 and following the date 0f your deposition such that any document requested herein which is either discovered by you or comes Within your possession, custody or control subsequent t0 your initial production but prior t0 the final conclusion 0f this case should be produced immediately upon its discovery 0r receipt. P. The phase “EL RIO PROPERTIES” shall refer to the real properties located at 925 and 929 E1 Rio Drive, San Jose, California, collectively. -4- REQUEST FOR ADMISSIONS T0 SAUL FLORES, SET ONE 4825-81 34-8090v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUESTS FOR ADMISSIONS REQUEST FOR ADMISSION NO. 1: Admit that on August 18, 2018, Plaintiff Northpoint Capital Fund, LLC entered into an installment note With Defendants Eagle Home Loans and Investment, LLC and Iron Springs Development, LLC. REQUEST FOR ADMISSION NO. 2: Admit that attached as Exhibit A is a true and correct copy 0f the installment note between PlaintiffNorthpoint Capital Fund, LLC, Defendants Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC. REQUEST FOR ADMISSION NO. 3: Admit that James McClenahan drafted the installment note, which is attached as Exhibit A, in his capacity as a licensed real estate professional for Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 4: Admit that Saul Flores executed the installment note, Which is attached as Exhibit A, 0n behalf of Eagle Home Loans and Investment, LLC as its managing partner. REQUEST FOR ADMISSION NO. 5: Admit that Saul Flores executed the installment note, Which is attached as Exhibit A, 0n behalf of Iron Springs Development, LLC as its managing partner. REQUEST FOR ADMISSION NO. 6: Admit that Eagle Home Loans and Investment, LLC has been involved in real estate development since August 18, 2018. REQUEST FOR ADMISSION NO. 7: Admit that Saul Flores has been the manager 0f Eagle Home Loans and Investment, LLC since August 18, 2018. REQUEST FOR ADMISSION NO. 8: Admit that Saul Flores has been a member ofEagle Home Loans and Investment, LLC since August 18, 2018. -5- REQUEST FOR ADMISSIONS T0 SAUL FLORES, SET ONE 4825-81 34-8090v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSION NO. 9: Admit that Saul Flores has been the manager 0f Iron Springs Development, LLC since August 18, 2018. REQUEST FOR ADMISSION NO. 10: Admit that Saul Flores has been a member ofIron Springs Development, LLC since August 1 8, 201 8. REQUEST FOR ADMISSION NO. 11: Admit that 0n March 28, 2019, Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC executed an updated installment note. REQUEST FOR ADMISSION NO. 12: Admit that attached as Exhibit B is a true and correct copy 0f the updated installment note between Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC dated March 28, 2019. REQUEST FOR ADMISSION NO. 13: Admit that Saul Flores executed the updated installment note, which is attached as Exhibit B, 0n behalf 0f Eagle Home Loans and Investment, LLC as its managing partner. REQUEST FOR ADMISSION NO. 14: Admit that Saul Flores executed the updated installment note, which is attached as Exhibit B, 0n behalf of Iron Springs Development, LLC as its managing partner. REQUEST FOR ADMISSION NO. 15: Admit that 0n May 1, 2019, Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC executed another updated installment note. REQUEST FOR ADMISSION NO. 16: Admit that attached as Exhibit C is a true and correct copy 0f the updated installment note between Northpoint Capital Fund, LLC, Eagle Home Loans and Investment, LLC, and Iron Springs Development, LLC dated May 1, 2019. -6- REQUEST FOR ADMISSIONS T0 SAUL FLORES, SET ONE 4825-81 34-8090v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSION NO. 17: Admit that Saul Flores executed the installment note, Which is attached as Exhibit C, 0n behalf 0f Eagle Home Loans and Investment, LLC as its managing partner. REQUEST FOR ADMISSION NO. 18: Admit that Saul Flores executed the installment note, Which is attached as Exhibit C, 0n behalf of Iron Springs Development, LLC as its managing partner. REQUEST FOR ADMISSION NO. 19: Admit that Eagle Home Loans and Investment, LLC has not paid the amounts owed (Whether principal or interest) under the promissory notes t0 Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 20: Admit that Iron Springs Development, LLC has not paid the amounts owed (whether principal or interest) under the promissory notes to Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 21: Admit that as 0f August 4, 2021, the total amount owed by Eagle Home Loans and Investment, LLC t0 Northpoint Capital Fund, LLC 0n the promissory notes with interest is $320,781.39. REQUEST FOR ADMISSION NO. 22: Admit that as 0fAugust 4, 202 1 , the total amount owed by Iron Springs Development, LLC t0 Northpoint Capital Fund, LLC 0n the promissory notes with interest is $320,781.39. REQUEST FOR ADMISSION NO. 23: Admit that in 2020, Saul Flores performed acts t0 prevent the foreclosure ofthe collateral 0n the notes by Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 24: Admit that in 2020, James McClenahan performed acts t0 prevent the foreclosure 0f the collateral on the notes by Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 25: Admit that in 2020, Iron Springs Development, LLC performed acts t0 prevent the foreclosure 0f the collateral 0n the notes by Northpoint Capital Fund, LLC. -7- REQUEST FOR ADMISSIONS T0 SAUL FLORES, SET ONE 4825-81 34-8090v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSION NO. 26: Admit that in 2020, Eagle Home Loans and Investment, LLC performed acts to prevent the foreclosure of the collateral on the notes by Northpoint Capital Fund, LLC. REQUEST FOR ADMISSION NO. 27 : Admit that Saul Flores’ attorney contacted the company processing the foreclosure of the collateral 0n the promissory notes and stated that it could not foreclose 0n the EL RIO PROPERTIES because the installment notes contained a usury interest rate. REQUEST FOR ADMISSION NO. 28: Admit that the company processing the foreclosure of the collateral on the EL RIO PROPERTIES refused to proceed with the foreclosure because Saul Flores’ attorney told the company that the installment notes contained a usury interest rate. REQUEST FOR ADMISSION NO. 29: Admit that since Northpoint Capital Fund, LLC was unable to proceed With the foreclosure, the first lienholder on the EL RIO PROPERTIES foreclosed on the property. DATED: SEPTEMBER 13, 2021 BERLINER COHEN, LLP BY: QR JOfiUXBORGER \ ATTORNEYS FOR PLAI IFF NORTHPOINT CAPITAL FUND. LLC -8- REQUEST FOR ADMISSIONS T0 SAUL FLORES, SET ONE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A DO NOT DESTROY THIS NOTE: When paid, this note, with Deed of Trust securing same, must be surrendered ,to Trustee for cancellation before reconveyance wilt be made Escrow No. INSTALLMENT NOTE -- INTEREST INCLUDED $500,000.00 San Jose, California August 10, 2018 For value received, Iron Springs Development, LLC, Eagle Home Loans and Investment, LLC C‘payor/trustor") promise to pay to Northpoint Capitai Fund, LLC. C‘payee/beneficiary") or order, at place designated by C‘payee/beneflciary"), the principal sum of Five Hundred Thousand dollars, with Interest from August 10, 2018 at the rate of 12.0 percent per annum on the amounts of principai sum remaining unpaid from time to time. Principal and interest payable in monthly installments of as per balance owing at end of every month or more each, on the 18th day of each and every month beginning on September 10, 2018 and continuing until January 15, 2019. Late Charge of 10% on any and all payments received 10 days from due date. ”Ihis note is a Line of Credit, payment based on the oustanding balance at the end of every month. No prepayment penalty Extension avaiable with a 1.0% per month pius note rate. Default interst at 18.0% plus note rate. Note is secured by a Deed of Trust on: 20525 Iron Springs Road, Los Gates, CA. 95030, 925 Ei Rio Drive, San Jose, CA. 95125 and 929 El Rio Drive, San Jose, CA. 95125 The Deed of Trust securing this note contains the following provision: In the event the herein described property, or any part thereof, or any Interest therein, is sold, agreed to be sold, conveyed or ailenated by the Trustor, or by the operation of law or otherwise, alt obligations secured by this instrument, irrespective of the maturity dates expressed therein, at the option of the holder hereof, and without demand or notice, shall immediately become due and payable. Each payment shall be credited first on interest then due and the remainder on principal; and interest shall then cease upon the principal so credited. Principal, interest, and all other sums which may become due 1n connection with this note and the deed of trust securing same, shall be payable in lawful money of th'e United States of America. Should default be made In any payment when due, the whole Sum o'f principal and Interest shail become imm iateiy due at the option of the holder of this note. If action be instituted on this note, sums as the Court may fix as win?fem ‘‘ \ 5/ é / i Mffigs Developmént, LLC. by it’s managing jagte’fiom'é'mwérfi afid Investment, LLC. by4t's’ partner: Saul R. Flores managing partner: Saul R. Flores 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT B Updated Installment Note Amount: $ 250,000 Date: March 28 2019 Santa Clara, CA FOR VALUE RECEIVED, Iron Springs Development, LLC, Eagle Home Loans and Investment, LLC (“payor/tmstor”) the undersigned promises to pay to the order ofNorth point Capital Fund, LLC (payee/beneficiary") or order, at place designated by (“paycc/bcneficiary”), The principal sum of Two Hundred Fifty, Thousand g $250000) Dollars in legal tender of the United States, with interest from Februm 15 ,20 l 9 or the date of funding at the rate of 12% annualized per year for 6 months. Interest Only payments will be made monthly, starting 30 days after the close in the amount of$2.500 per month. If any payment is not paid when due or if payment made does not cover all interest accrued through date ofpayment, remaining interest accrued shall be added t0 principal and shall bear interest 18% plus note rate. Payments, principal and interest shall be payable at the office of holder(s): Northpoint Capital Fund, LLC 305 Vineyard Town Center #228, Morgan Hill CA 95037 at any such other place as the holder hereofmay designate in writing. This note is due in its entirety at the earlier of the sale or transfer 0fthe property or 6 months from the origination. If fulfillment of any provision hereof or any transaction related hereto or to any indebtedness secured hereby, at the time performance of such provisions shall be due, shall involve transcending the limit of validity prescribed by law, then ipso facto, the obligation to be fulfilled shall be reduced to the limit ofsuch validity; and if any clause or provisions herein contained operate or would prospectively operate t0 invalidate this Note in whole or in part, then such clause or provision only shall be held for naught, as though not herein contained, and the remainder ofthis Note shall remain operative and in fiJll force and effect. In the event any payment is made by personal check, and such check is returned by the financial institution on which it is drawn without payment of same, for any reason, the holder of this Note shall be entitled to collect from the borrower a handling fee of 5% ofthe amount ofsuch check or $35.00, whichever is greater. Such fee shall be in addition to any other fees and costs allowed by this Note. Late Charge of 10% on any and all payments received 10 days from due date. 2W Extension Feé: Prepaid 1% per month Minter-G’LWW ; No prepayment penalty. Note is secured by a deed ofTrust on: 20525 Iron Springs Road, Los Gatos, CA 95030, 925 El Rio Drive, San Jose, CA 95 125, and 929 E1 Rio Drive, San Jose, CA 95125, from original note dated August 10, 2018. The deed of trust securing this note contains the following provision: In the event the herein described property, or any part thereof, or any interest therein, is sold, agreed to be sold, conveyed or alienated by the Trustor, or by the operation of law or otherwise, all obligations secured by this instrument, irrespective of the maturity dates expressed therein, at the option of the holder hereof, and without demand or notice, shall immediately become due and payable. Default under any other obligation of maker, or makers, jointly and severally, to note holder, shall be considered a default under this note also. 1t is further agreed that failure of the holder to exercise this right of accelerating the maturity ofthe debt, or indulgence granted from time to time, shall in no event be considered as a waiver of such right of acceleration or estop the holder from exercising the right. Each payment shall be credited first on interest then due and the remainder on principal; and interest shall then case upon the principal so credited. Principal, interest, and all other sums which may become due in connection with this note and the deed of trust securing same, shall be payable in lawful money of the United States of American. Should default be made in any payment when due, the whole sum of principal and interest shall become immediately due at the option of the holder of this note. If action be instituted on this note, I promise to pay such sums as the Court may fix as attorney’s fees. And each of the undersigned, whether principal, surety, guarantor, endorser, or other party, severally waives and renounces each for himself and family, any and a1] homestead and exemption rights either of us, or the family of either of us, may have under or by virtue ofthe laws ofthe State of California, or any other State, or the United States, as against this debt or any renewal or extension thereof, and further waive emand, protest, presentment, notice of demand, protest and nonpayment. WITNESS ‘e h and se of undersigned. % ' / /Vl/ Dateazdfl y 0/7/ Datjz4/Z// lro_ ngs Developme LC /E21gl¢Means and Investment, LLC. y Its managmg panner: aul Flores by its managing partner: Saul Flor 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT C Updated Installment Note Amount: $ 250,000 Date: May 15‘. 2019 Santa Clara, CA FOR VALUE RECEIVED, Iron Springs Development, LLC, Eagle Home Loans and Investment, LLC (“payor/trustor”) the undersigned promises to pay to the order ofNorth point Capital Fund, LLC (payee/beneficiary”) 0r order, at place designated by (“payee/beneficiary”), The principal sum of Two Hundred Fitrv Thousand g $250,000! Dollars in legal tender of the United States, with interest from Februag 15 ,2019 or the date of funding at the rate of 12% annualized per year for Six (6) months. Interest Only payments will be made monthly, starting March 15'“, 2019 in the amount of$2.500 per month on the 15‘“ of each month. Payments, principal and interest shall be payable at the office of holder(s): Northpoint Capital Fund, LLC 305 Vineyard Town Center #228, Morgan Hill CA 95037 at any such other place as the holder hereof may designate in writing. This note is duc in its entirety at the earlier event ofthe due date of August 15‘”, 2019 or the sale or transfer of any secured property. If fulfillment of any provision hereofor any transaction related hereto or to any indebtedness secured hereby, at the time performance of such provisions shall be due, shall involve transcending the limit 0f validity prescribed by law, then ipso facto, the obligation to be fulfilled shall be reduced to the limit of such validity; and if any clause or provisions herein contained operate or would prospectively operate to invalidate this Note in whole or in part, then such clause or provision only shall be held for naught, as though not herein contained, and the remainder of this Note shall remain operative and in full force and effect. In the event any payment is made by personal check, and such check is returned by the financial institution on which it is drawn without payment of same, for any reason, the holder ofNote shall be entitled to collect from the borrower a handling fee of $35.00. Such fee shall be in addition to any other fees and costs allowed by this Note. Late Charge Clause: In the event any interest payment due is not made within 10 days afier the due date, a late charge ofTen Percent, (10%) calculated on the payment due. This late charge is in effect until the loan is paid in full. Extension Fee: Maker shall have the right to extend this Note by 90 days by prepaying $2,500 before the due date. Prepayment Penalg: The principal amount of this Note may be prepaid, in whole or in part, at any time without penalty, in which event, interest shall cease to accrue on the portion ofthe principal so prepaid. Due on Sale Clause: The deed of trust securing this note contains the following provision: In the event the herein described property, or any part thereof, or any interest therein, is sold, agreed to bc sold, conveyed or alienated by the Trustor, or by the operation of law or otherwise, a1] obligations secured by this instrument, irrespective of the maturity dates expressed therein, at the option of the holder hereot”, and without demand or notice, shall immediately become due and payable. Default in Principal Payoff: Maker has the right to extend Note per terms above for a total sum of 180 days from date of execution. Should any principal amount under this Note not be paid when due, then all remaining principal and accrued interest shall become immediately due and payable at the option of the Holder. In no event shall the interest rate charged under this Note exceed the maximum rate permitted under applicable law. Note is secured by a deed of Trust on 20525 Iron Springs Road, Los Gatos, CA 95030, 925 El Rio Drive, San Jose, CA 95 125, and 929 El Rio Drive, San Jose, CA 95 125, from original note dated August 10, 2018. Each payment shall be credited first on interest then due and the remainder on principal; and interest shall then case upon the principal so credited. Principal, interest, and all other sums which may become due in connection with this note and the deed of trust securing same, shall be payable in lawful money of the United States of American. Maker agrees to pay the costs of foreclosure and such additional sums as a court my adjudge reasonable as attorney fees in any suit. This Note is the extension of the original Note dated August 10‘“, 2018 and these terms govern and are in effect from date ofexecution forward. And each of the undersigned, whether principal, surety, guarantor, endorser, or other pany, severally waives and renounces each for himself and family, any and all homestead and exemption rights either of us, or the family of either of us, may have under or by virtue of the laws 0f the State of California, or any other State, or the United States, as against this debt or any renewal or extension ther d further vaive demand, protest, presentment, notice emand, pro and nonpayment. WITNESS t d and s f e undersigned. fl/{A Date €24 '_ |q /// Date q,“ l "I Z II'OIII S 'ngs' veprment, MLC. Eagle me fioansba'ndfinvestment, LLC. [by mana g paflncr: Saul Flores b ' s managing partner: Saul Flor 4846-4726-3466v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOSHUA BORGER, CA STATE BAR N0. 23 1 951 BERLINER COHEN, LLP TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN JOSE, CALIFORNIA 951 13-2233 TELEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 joshua.borger@berliner.com ATTORNEYS FOR PLAINTIFF NORTHPOINT CAPITAL FUND, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA NORTHPOINT CAPITAL FUND, LLC, a Delaware limited liability company, Plaintiff, V. JAMES MCCLENAHAN; SAUL FLORES; EAGLE HOME LOANS AND INVESTMENT, LLC; IRON SPRINGS DEVELOPMENT, LLC; and DOES 1 through 25, inclusive, Defendant. CASE NO. 2 1CV3 8 1 025 PROOF OF SERVICE Dept: 19 Judge: Hon. Peter H. Kirwan Case Filed: March 23, 2021 -1- PROOF 0F SERVICE 481 7-0728-1 395V1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Northpoint Capital Fund, LLC v. McClenahan, et al. Case N0. 21CV381025 PROOF OF SERVICE I, Sabina Hall, declare under penalty ofperjury under the laws ofthe State of California that the following facts are true and correct: I am a citizen of the United States, over the age of eighteen years, and not a party to the within action. I am an employee ofBerliner Cohen, LLP, and my business address is Ten Almaden Boulevard, Eleventh Floor, San Jose, California 951 13-2233. On September 14, 202 1 , I served the following document(s): FORM INTERROGATORIES - GENERAL, SET ONE TO DEFENDANT JAMES McCLENAHAN; FORM INTERROGATORIES - GENERAL, SET ONE TO DEFENDANT SAUL FLORES; FORM INTERROGATORIES - GENERAL, SET ONE TO DEFENDANT EAGLE HOME LOANS AND INVESTMENT, LLC; FORM INTERROGATORIES - GENERAL, SET ONE TO DEFENDANT IRON SPRINGS DEVELOPMENT, LLC; SPECIAL INTERROGATORIES, SET ONE TO DEFENDANT SAUL FLORES; REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO DEFENDANT JAMES MCCLENAHAN; REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO DEFENDANT SAUL FLORES; REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO DEFENDANT EAGLE HOME LOANS AND INVESTMENT, LLC; REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO DEFENDANT IRON SPRINGS DEVELOPMENT, LLC; REQUEST FOR ADMISSIONS, SET ONE TO DEFENDANT JAMES MCCLENAHAN; REQUEST FOR ADMISSIONS, SET ONE TO DEFENDANT SAUL FLORES; REQUEST FOR ADMISSIONS, SET ONE TO DEFENDANT EAGLE HOME LOANS AND INVESTMENT, LLC; REQUEST FOR ADMISSIONS, SET ONE TO DEFENDANT IRON SPRINGS DEVELOPMENT, LLC; 481 7-0728-1 395v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in the following manner: E by transmitting Via facsimile the document(s) listed above t0 the fax number(s) set forth below, or as stated 0n the attached service list, from the sending facsimile machine telephone number of . The transmission was reported as complete and Without error by the machine. Pursuant to California Rules of Court, Rule 2008(e)(4), I caused the machine t0 print a transmission record of the transmission, a copy of Which is attached to the original of this declaration. The transmission report was properly issued by the transmitting facsimile machine. by placing the document(s) listed above in a sealed envelope With postage thereon fully prepaid, in the United States mail at San Jose, California addressed as set forth below. by overnight mail by placing the document(s) listed above in a sealed overnight mail envelope With postage thereon fully prepaid, addressed as set forth below. by personally delivering the document(s) listed above t0 the person(s) at the address(es) set forth below. by e-mail or electronic transmission. Pursuant to Code 0f Civil Procedure §1010.6, I caused the document(s) to be sent to the person(s) at the e-mail address(es) listed below. EDGE ATTORNEY FOR DEFENDANTS Leo B. Siegel Law Office 0f Leo B. Siegel 16 Waugh Rd. Royal Oaks, CA 95076 Tel.: 83 1-768-91 10 Email: leob@st0nesiegel.com I am readily familiar with my firm’s practice for collection and processing ofcorrespondence for mailing with the United States Postal Service/Express Mail, Federal Express and other overnight mail services, to Wit, that correspondence Will be deposited With the United States Postal Service/overnight mail service this same day in the ordinary course 0f business. Executed on September 14, 2021, at San Jose, California. SABINA HALL EXHIBIT B 4827-3339-1 61 0v2 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOSHUA BORGER, CA STATE BAR N0. 23 1 951 BERLINER COHEN, LLP TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN JOSE, CALIFORNIA 951 13-2233 TELEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 joshua.borger@berliner.com ATTORNEYS FOR PLAINTIFF NORTHPOINT CAPITAL FUND, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA NORTHPOINT CAPITAL FUND, LLC, a CASE NO. 21CV381025 Delaware limited liability company, PLAINTIFF’S SPECIAL Plaintiff, INTERROGATORIES, SET ONE, TO DEFENDANT SAUL FLORES V. JAMES MCCLENAHAN; SAUL FLORES; EAGLE HOME LOANS AND INVESTMENT, LLC; IRON SPRINGS DEVELOPMENT, LLC; and DOES 1 through 25, inclusive, Case Filed: March 23, 2021 Defendant. DEMANDING PARTY: NORTHPOINT CAPITAL FUND, LLC RESPONDING PARTY: SAUL FLORES SET NO.: ONE Plaintiff Northpoint Capital Fund, LLC requests that Defendant Saul Flores answer the following Specially Prepared Interrogatories, Set No. One, under oath within 30 days from the date 0f service, pursuant t0 Code of Civil Procedure section 2030.260. INTERROGATORIES For purposes 0f these interrogatories, “DOCUMENT” means a writing and refers to handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical 0r -1- SPECIAL INTERROGATORIES T0 SAUL FLORES, SET ONE 4827-3339-1 61 0v2 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 electronic recording and every other means ofrecording upon any tangible thing, including letters, words, numbers, pictures, sounds, or symbols, 0r combinations thereof, including, but not limited t0, Videotapes, magnetic, read-only memory, or optical recordings, computer disks, and electronic mail messages. Without limitation ofthe term “CONTROL,” aDOCUMENT is deemed t0 be in your control ifyou have the right t0 secure the DOCUMENT or a copy thereof from another person 0r public or private entity having actual possession thereof. If a DOCUMENT is responsive t0 a request for identification and is in your control, but is not in your possession or custody, identify the person With possession 0r custody. If copies of a DOCUMENT have been prepared and the copies are not identical (0r have undergone alteration by the addition 0r deletion 0f notations or other modifications), each non- identical copy is a separate “DOCUMENT.” For purposes of these interrogatories, the term “STATEMENT” means any oral, written, stenographic 0r recorded declaration 0f any type 0r description. For purposes of these interrogatories, the term “CORRESPONDENCE” means, unless otherwise specified, any transfer 0f information, ideas, opinions 0r thoughts by any means at any time or place under any circumstances and is not limited t0 transfers between persons but includes other transfers, such as records and memoranda t0 file. The term “CORRESPONDENCE” include, but are not limited t0, any written letter, memorandum, or other DOCUMENT Which was sent by one or more individuals to another; any telephone call between one 0r more individuals and another, whether or not such call was by chance 0r prearranged, formal or informal; any conversation or meeting between one or more individuals and another, Whether 0r not such contact was by chance 0r prearranged, formal 0r informal. For purposes ofthese interrogatories, “ANY” 0r “EACH” shall include and encompass “all” and “every.” For purposes 0fthese interrogatories, “HE” (and its derivatives) shall include and encompass “SHE” and “IT” (and their respective derivatives). -2- SPECIAL INTERROGATORIES T0 SAUL FLORES, SET ONE 4827-3339-1 61 0v2 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 For purposes 0fthese interrogatories, “OR” shall include and encompass “and” and “AND” shall be understood t0 include “or.” For purposes 0f these interrogatories, the term “IDENTIFY” with respect to a legal entity (e.g., a corporation, partnership, 0r unincorporated association) means t0 state the entity’s filll name, and the current or last known address and telephone number of its main office 0r principal place of business. For purposes ofthese interrogatories, the term “IDENTIFY” With respect t0 aDOCUMENT means specifically state the type 0fDOCUMENT (e.g., letter, interoffice, memorandum), and to state the date 0f such DOCUMENT, if any; t0 state a general description thereof; to identify the signer(s), preparer(s) or sender(s) thereof; to state its author(s); t0 state the title 0r heading 0f the DOCUMENT; t0 state its present location and identify its custodians; t0 state its appropriate number ofpages; t0 state descriptive information 0fsufficient particularity t0 enable such document t0 be the subject ofa subpoena duces tecum 0r request for production thereof; and t0 provide the propounding party, in addition t0 the above, the name and present 0r last known address 0fthe person(s) to Whom copies were sent. For purposes of these interrogatories, the terms “RELATE” 0r “RELATING TO” include referring to, alluding to, responding to, regarding, discussing, showing, describing, reflecting, analyzing, constituting, including, mentioning, in respect 0f, or about. For purposes ofthese interrogatories, the term “IDENTIFY” With respect t0 a natural person means to furnish information sufficient t0 enable the propounding party to identify and locate the person, including the person’s full name, current 0r last known residence, address and telephone number, current 0r last known business address and telephone number, email address, current 0r last known employer, such employer’s address and telephone number, and the current 0r last known position 0r job title 0f the person with such employer. For purposes of these interrogatories, the term “IDENTIFY” With reference t0 a “STATEMENT,” means t0 state the dates 0n which it was given, where it was given, the names and addresses 0f the person 0r persons t0 whom it was given 0r by whom it was taken and who has custody 0f such STATEMENT 0r copies thereof; ifany STATEMENT was, but is n0 longer in your -3- SPECIAL INTERROGATORIES T0 SAUL FLORES, SET ONE 4827-3339-1 61 0v2 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 possession, custody or control, state What disposition was made 0f it and the reasons for it. For purposes 0f these interrogatories, the term “IDENTIFY” With reference to a “CORRESPONDENCE,” means t0 identify both the initiator and the recipient, and identify any DOCUMENT constituting, referring or pertaining t0 the CORRESPONDENCE, including a memorandum of the CORRESPONDENCE or any other DOCUMENT arising from it. For purpose ofthese interrogatories, the term “YOU” shall mean the party responding t0 the interrogatories and any PERSON acting 0n YOUR behalf. The term “PERSON” includes any natural person, including, but not limited to, any custodian 0frecords, firm, association, partnership, joint venture, corporation, related or associated company, trust 0r other form of legal entity. SPECIAL INTERROGATORIES 1. IDENTIFY all attorneys Who contacted the company processing the foreclosure on the E1 Rio Properties 0n your behalf. DATED: SEPTEMBER 13, 2021 BERLINER COHEN, LLP JosfiLA/BO'RGER K :1 \ LAATTORNEYS FOR P FF NORTHPOINT CAPITAL FUND. LLC -4- SPECIAL INTERROGATORIES T0 SAUL FLORES, SET ONE 4846-4726-3466v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOSHUA BORGER, CA STATE BAR N0. 23 1 951 BERLINER COHEN, LLP TEN ALMADEN BOULEVARD ELEVENTH FLOOR SAN JOSE, CALIFORNIA 951 13-2233 TELEPHONE: (408) 286-5800 FACSIMILE: (408) 998-5388 joshua.borger@berliner.com ATTORNEYS FOR PLAINTIFF NORTHPOINT CAPITAL FUND, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA NORTHPOINT CAPITAL FUND, LLC, a Delaware limited liability company, Plaintiff, V. JAMES MCCLENAHAN; SAUL FLORES; EAGLE HOME LOANS AND INVESTMENT, LLC; IRON SPRINGS DEVELOPMENT, LLC; and DOES 1 through 25, inclusive, Defendant. CASE NO. 2 1CV3 8 1 025 PROOF OF SERVICE Dept: 19 Judge: Hon. Peter H. Kirwan Case Filed: March 23, 2021 -1- PROOF 0F SERVICE 481 7-0728-1 395V1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Northpoint Capital Fund, LLC v. McClenahan, et al. Case N0. 21CV381025 PROOF OF SERVICE I, Sabina Hall, declare under penalty ofperjury under the laws ofthe State of California that the following facts are true and correct: I am a citizen of the United States, over the age of eighteen years, and not a party to the within action. I am an employee ofBerliner Cohen, LLP, and my business address is Ten Almaden Boulevard, Eleventh Floor, San Jose, California 951 13-2233. On September 14, 202 1 , I served the following document(s): FORM INTERROGATORIES - GENERAL, SET ONE TO DEFENDANT JAMES McCLENAHAN; FORM INTERROGATORIES - GENERAL, SET ONE TO DEFENDANT SAUL FLORES; FORM INTERROGATORIES - GENERAL, SET ONE TO DEFENDANT EAGLE HOME LOANS AND INVESTMENT, LLC; FORM INTERROGATORIES - GENERAL, SET ONE TO DEFENDANT IRON SPRINGS DEVELOPMENT, LLC; SPECIAL INTERROGATORIES, SET ONE TO DEFENDANT SAUL FLORES; REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO DEFENDANT JAMES MCCLENAHAN; REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO DEFENDANT SAUL FLORES; REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO DEFENDANT EAGLE HOME LOANS AND INVESTMENT, LLC; REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO DEFENDANT IRON SPRINGS DEVELOPMENT, LLC; REQUEST FOR ADMISSIONS, SET ONE TO DEFENDANT JAMES MCCLENAHAN; REQUEST FOR ADMISSIONS, SET ONE TO DEFENDANT SAUL FLORES; REQUEST FOR ADMISSIONS, SET ONE TO DEFENDANT EAGLE HOME LOANS AND INVESTMENT, LLC; REQUEST FOR ADMISSIONS, SET ONE TO DEFENDANT IRON SPRINGS DEVELOPMENT, LLC; 481 7-0728-1 395v1 JBORGER\28568002 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 in the following manner: E by transmitting Via facsimile the document(s) listed above t0 the fax number(s) set forth below, or as stated 0n the attached service list, from the sending facsimile machine telephone number of . The transmission was reported as complete and Without error by the machine. Pursuant to California Rules of Court, Rule 2008(e)(4), I caused the machine t0 print a transmission record of the transmission, a copy of Which is attached to the original of this declaration. The transmission report was properly issued by the transmitting facsimile machine. by placing the document(s) listed above in a sealed envelope With postage thereon fully prepaid, in the United States mail at San Jose, California addressed as set forth below. by overnight mail by placing the document(s) listed above in a sealed overnight mail envelope With postage thereon fully prepaid, addressed as set forth below. by personally delivering the document(s) listed above t0 the person(s) at the address(es) set forth below. by e-mail or electronic transmission. Pursuant to Code 0f Civil Procedure §1010.6, I caused the document(s) to be sent to the person(s) at the e-mail address(es) listed below. EDGE ATTORNEY FOR DEFENDANTS Leo B. Siegel Law Office 0f Leo B. Siegel 16 Waugh Rd. Royal Oaks, CA 95076 Tel.: 83 1-768-91 10 Email: leob@st0nesiegel.com I am readily familiar with my firm’s practice for collection and processing ofcorrespondence for mailing with the United States Postal Service/Express Mail, Federal Express and other overnight mail services, to Wit, that correspondence Will be deposited With the United States Postal Service/overnight mail service this same day in the ordinary course 0f business. Executed on September 14, 2021, at San Jose, California. SABINA HALL
