Declaration In Support

Cal. Super. - 6th Dist.March 26, 2021

SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, California 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Squire Patton Boggs (US) LLP Sean P. Conboy, No. 214487 sean.conboy@squirepb.com Paul Czer, N0. 329851 paul.czer@squirepb.com 555 South Flower Street, 3 lst Floor Los Angeles, CA 90071 Telephone: 2 1 3 624.2500 Facsimile: 2 1 3 .623 .4581 Attorneys for Defendants Electronically Filed by Superior Court of CA, County of Santa Clara, on 9/23/2021 12:38 PM Reviewed By: L Del Mundo Case #21 CV381404 Envelope: 7327030 VOLKSWAGEN GROUP OF AMERICA, INC. and STEVENS CREEK VOLKSWAGEN SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA MYLNA T. DELMUNDO and ANGELITO DELMUNDO, Plaintiffs, V. VOLKSWAGEN GROUP OF AMERICA, INC.; STEVENS CREEK VOLKSWAGEN; and DOES 1 through 10, inclusive, Defendants. Case No. 21CV381404 DECLARATION 0F PAUL CZER IN SUPPORT 0F DEFENDANT VOLKSWAGEN GROUP 0F AMERICA, INCJS MOTION T0 COMPEL DISCOVERY RESPONSES, REQUEST T0 DEEM ADMISSIONS ADMITTED, AND REQUEST FOR MONETARY SANCTIONS AGAINST PLAINTIFFS AND PLAINTIFFS COUNSEL 1N THE AMOUNT 0F $3,510.00 [Filed concurrently with Notice and Motion t0 Compel and [Proposed] Order] Hearing Date: Time: Dept. Complaint Filed: March 26, 2021 Trial Date: None -1- DECLARATION OF PAUL CZER IN SUPPORT OF VWGOA’S MOTION TO COMPEL RESPONSES SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, California 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF PAUL CZER I, Paul Czer, declare as follows: 1. I am an attorney duly licensed t0 practice law in the State 0f California, and an associate at Squire Patton Boggs (US) LLP, attorney 0f record for Defendant Volkswagen Group 0f America, Inc. (“VWGOA”). I make this declaration based upon my personal knowledge and, if called as a Witness, could and would testify competently hereto. 2. On March 26, 2021, Plaintiffs Mylna T. Delmundo and Angelito Delmundo (“Plaintiff’) filed this breach of warranty action alleging defects with their 2018 Volkswagen Tiguan. 3. On June 10, 2021, VWGOA served discovery on both PlaintiffMylna T. Delmundo and Plaintiff Angelito Delmundo comprised 0f (1) Form Interrogatories, Set One; (2) Special Interrogatories, Set One; (3) Requests for Admission, Set One; and (4) Requests for Production, Set One ( “VWGOA’S Discovery, Set One”). A true and correct copy 0fVWGOA’S propounded Discovery, Set One t0 Plaintiffs is attached hereto as Exhibit A. 4. In response t0 Plaintiffs’ counsel’s request, 0n June 30, 2021, VWGOA granted Plaintiffs a two-week extension t0 respond t0 VWGoA’s Discovery, Set One, making July 29, 2021 the deadline for Plaintiffs t0 respond t0 VWGoA’s Discovery, Set One. A true and correct copy of the correspondence confirming this extension is attached hereto as Exhibit B. 5. Plaintiffs did not respond to VWGOA’S Discovery, Set One on July 29, 2021. 6. On August 13, 2021, I sent meet and confer correspondence t0 Plaintiffs’ counsel, Gregory Sogoyan, regarding Plaintiffs’ lack 0f discovery responses t0 VWGOA’s Discovery, Set One. A true and correct copy of this correspondence is attached hereto as Exhibit C. As of today’s date, Plaintiffs’ counsel has not replied to this correspondence. 7. On August 30, 2021, I again inquired about Plaintiffs’ lack of discovery responses t0 VWGoA’s Discovery, Set One. A true and correct copy 0f this correspondence is attached hereto as Exhibit D. As of today’s date, Plaintiff” s counsel has not replied to this correspondence either. -2- DECLARATION OF PAUL CZER IN SUPPORT OF VWGOA’S MOTION TO COMPEL RESPONSES SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, California 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. As 0f the date I signed this declaration - approximately two months after the deadline when Plaintiff’s responses were due by way of extension - Defendant has not received any responses from Plaintiffs t0 VWGOA’s Discovery, Set One. 9. My hourly billing rate is $370.00 for this case. I spent no less than 4 hours attempting t0 meet and confer With Plaintiff’s Counsel, conducting legal research, and preparing the instant motions and supporting documents. I anticipate spending no less than 3 additional hours reviewing the Oppositions and preparing the Reply briefs. I anticipate spending n0 less than 2 hours preparing for and attending the hearing. This amounts to $3,330.00. The filing fee for each motion is $90.00. As such, VWGOA has and Will incur attorneys’ fees and costs in the amount 0f $3,510.00. I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing is true and correct. Executed this September 23, 2021 at Los Angeles, California.W Paul Czer O1 0-9260-9594/1 IAMERICAS -3- DECLARATION OF PAUL CZER IN SUPPORT OF VWGOA’S MOTION TO COMPEL RESPONSES EXHIBIT A SQUIRE PATTON BOGGS (US) LLP 555 S. Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Squire Patton Boggs (US) LLP Sean P. Conboy (State Bar No. 214487) sean.conb0y@squirepb.com Shaun Kim (State Bar N0. 307812) shaun.kim@squirepb.com 555 South Flower Street, 3lst Floor Los Angeles, CA 90071 Telephone: +1 213.624.2500 Facsimile: +1 213.623.4581 Attorneys for Defendants VOLKSWAGEN GROUP OF AMERICA, INC. and STEVENS CREEK VOLKSWAGEN SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA MYLNA T. DELMUNDO and ANGELITO Case No. 21CV38 1404 DELMUNDO, DEFENDANT VOLKSWAGEN GROUP 0F Plaintiffs, AMERICA, INC.’S REQUEST FOR ADMISSIONS PROPOUNDED 0N PLAINTIFF V. MYLNA T. DELMUNDO, SET ONE VOLKSWAGEN GROUP OF AMERICA, INC; STEVENS CREEK VOLKSWAGEN; and DOES 1 through 10, inclusive, Defendants. REQUESTING PARTY: VOLKSWAGEN GROUP OF AMERICA, INC. RESPONDING PARTY: MYLNA T. DELMUNDO SET NO.: ONE Pursuant t0 Code of Civil Procedure section 2033.010 et seq., Volkswagen Group of America, Inc. (“VWGOA”) hereby requests that the responding party admit, in writing and under oath, the following: REQUEST FOR ADMISSION N0. 1: Admit that VWGOA did not Violate any Section 0f the Song-Beverly Consumer Warranty Act (CiV. Code § 1790 et seq.) With respect to the SUBJECT VEHICLE. (As used herein, the term “SUBJECT VEHICLE” means the 2018 Volkswagen Tiguan, VIN #2 -1- VWGOA’S REQUEST FOR ADMISSIONS - SET ONE 010-9221-6833/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 S. Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3VV1B7AXXJM029881 automobile referenced in Plaintiffs” Complaint). REQUEST FOR ADMISSION N0. 2: Admit that VWGOA did not intentionally Violate any Section of the Song-Beverly Consumer Warranty Act (CiV. Code § 1790 et seq.) With respect t0 the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 3: Admit that VWGOA did not breach any express warranty issued by VWGOA 0n the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 4: Admit that VWGOA did not breach any implied warranty on the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 5: Admit that SUBJECT VEHICLE does not contain a NONCONFORMITY. (As used herein, the term “NONCONFORMITY” 0r “NONCONFORMITIES” means defect(s) 0r n0nconf0rmity(ies) as defined by Civil Code § 1793.22(e)(1)). REQUEST FOR ADMISSION N0. 6: Admit that there was no NONCONFORMITY with the SUBJECT VEHICLE that was caused by a defect in Volkswagen materials. REQUEST FOR ADMISSION N0. 7: Admit that there was no NONCONFORMITY with the SUBJECT VEHICLE that was caused by a defect in Volkswagen workmanship. REQUEST FOR ADMISSION N0. 8: Admit that the SUBJECT VEHICLE was conformed to the applicable express warranty issued by VWGOA Within a reasonable number of repair attempts. REQUEST FOR ADMISSION N0. 9: Admit that there was no NONCONFORMITY with the SUBJECT VEHICLE that has been subj ect t0 more than one repair attempt since the since date 0f delivery 0f the SUBJECT VEHICLE t0 Plaintiffs. -2- VWGOA’S REQUEST FOR ADMISSIONS - SET ONE 010-9221-6833/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 S. Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSION N0. 10: Admit that YOUR use of the SUBJECT VEHICLE has not been substantially impaired by any NONCONFORMITY with the SUBJECT VEHICLE. (As used herein, the terms “YOU” and “YOUR” mean the PlaintiffWho signed the verification in response to these requests.) REQUEST FOR ADMISSION N0. 11: Admit that the value (to YOU) 0f the SUBJECT VEHICLE has not been substantially impaired by any NONCONFORMITY with the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 12: Admit that the safety (t0 YOU) of the SUBJECT VEHICLE has not been substantially impaired by any NONCONFORMITY with the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 13: Admit that, within the statutory presumption period (as defined by Civil Code § 1793.22(b)), the SUBJECT VEHICLE did not have a NONCONFORMITY that resulted in a condition that is likely to cause death or serious bodily injury if the vehicle is driven. REQUEST FOR ADMISSION N0. 14: Admit that, Within the statutory presumption period (as defined by Civil Code § 1793.22(b)), the SUBJECT VEHICLE did not have a NONCONFORMITY that was subj ect t0 repair four or more times by VWGOA or its authorized repair facility. REQUEST FOR ADMISSION N0. 15: Admit that, Within the statutory presumption period (as defined by Civil Code § 1793.22(b)), the SUBJECT VEHICLE was not out 0f service by reason 0f repair of NONCONFORMITIES by VWGOA 0r its authorized repair facilities for a cumulative total of more than 3O calendar days since delivery of the SUBJECT VEHICLE t0 Plaintiffs. REQUEST FOR ADMISSION N0. 16: Admit that the alleged NONCONFORMITY with the SUBJECT VEHICLE was caused by misuse. -3- VWGOA’S REQUEST FOR ADMISSIONS - SET ONE 010-9221-6833/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 S. Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSION N0. 17: Admit that the alleged NONCONFORMITY with the SUBJECT VEHICLE was caused by improper MAINTENANCE. (As used herein, the term “MAINTENANCE” means routine scheduled maintenance such as oil and filter changes, tire rotations, etc). REQUEST FOR ADMISSION N0. 18: Admit that the alleged NONCONFORMITY with the SUBJECT VEHICLE was caused by MODIFICATION t0 the SUBJECT VEHICLE. (As used herein, the term “MODIFICATION” means the installation 0f any non-genuine Volkswagen part, the alteration 0f any software or control module, 0r any other alteration that is excluded by 0r not covered by the VWGOA express written limited warranty applicable t0 the SUBJECT VEHICLE). REQUEST FOR ADMISSION N0. 19: Admit that the alleged NONCONFORMITY with the SUBJECT VEHICLE was caused by ACCIDENT damage. (As used herein, the term “ACCIDENT” means any fire, flood, vandalism, or collision With another vehicle 0r obj ect that caused damage t0 the SUBJECT VEHICLE). REQUEST FOR ADMISSION N0. 20: Admit that, prior to the date YOU filed the Complaint in the above-captioned action, YOU did not resort to (i.e., did not participate in) VWGOA’S third-party dispute resolution process, the BBB Auto Line program, described in the VWGOA express written limited warranty applicable t0 the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 21: Admit that the first time YOU ever contacted VWGOA directly regarding the SUBJECT VEHICLE was after YOU received from an attorney a written ADVERTISEMENT referring to California’s lemon law. (As used herein, the term “ADVERTISEMENT” means unsolicited brochure, letter, flyer, solicitation, letter, advertisement, 0r newsletter.) REQUEST FOR ADMISSION N0. 22: Admit that, prior to the date YOU filed the Complaint in the above-captioned action, YOU never asked VWGOA to repurchase the SUBJECT VEHICLE. -4- VWGOA’S REQUEST FOR ADMISSIONS - SET ONE 010-9221-6833/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 S. Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSION N0. 23: Admit that, prior to the date YOU filed the Complaint in the above-captioned action, YOU never asked VWGOA to replace the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 24: Admit that, prior to the date YOU filed the Complaint in the above-captioned action, YOU sold the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 25: Admit that, after the date YOU filed the Complaint in the above-captioned action, YOU sold the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 26: Admit that, prior to the date YOU filed the Complaint in the above-captioned action, the SUBJECT VEHICLE was traded in toward the acquisition 0f another vehicle. REQUEST FOR ADMISSION N0. 27: Admit that, after the date YOU filed the Complaint in the above-captioned action, the SUBJECT VEHICLE was traded in toward the acquisition 0f another vehicle. REQUEST FOR ADMISSION N0. 28: Admit that, prior to the date YOU filed the Complaint in the above-captioned action, Plaintiff disposed of the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 29: Admit that, after the date YOU filed the Complaint in the above-captioned action, Plaintiff disposed 0f the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 30: Amit that Plaintiff is n0 longer in possession of the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 31: Admit that YOU did not purchase the SUBJECT VEHICLE from VWGOA. REQUEST FOR ADMISSION N0. 32: Admit that YOU did not lease the SUBJECT VEHICLE from VWGoA. -5- VWGOA’S REQUEST FOR ADMISSIONS - SET ONE 010-9221-6833/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 S. Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: June 10, 2021 Squire Patton Boggs (US) LLP Shaun Kim Sean P. Conboy Attorneys for Defendants VOLKSWAGEN GROUP OF AMERICA, INC. and STEVENS CREEK VOLKSWAGEN -6- 01 0-9221-6833/1 /AMER|CAS VWGoA’s REQUEST FOR ADMISSIONS - SET ONE SQUIRE PATTON BOGGS (US) LLP 555 S. Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF 0F SERVICE (Pursuant t0 California State Law) The undersigned certifies and declares as follows: I am a resident of the State of California and over 18 years of age and am not a party t0 this action. My business address is 555 South Flower Street, Suite 3100, Los Angeles, CA 90071, Which is located in the county where any non-personal service described below took place. On June 10, 2021, a copy of the following document(s): DEFENDANT VOLKSWAGEN GROUP 0F AMERICA, INC.’S REQUEST FOR ADMISSIONS PROPOUNDED 0N PLAINTIFF MYLNA T. DELMUNDO, SET ONE was served on: Tionna Dolin, Esq. Attorneysfor Plaintiff STRATEGIC LEGAL PRACTICES MYLNA T. DELMUNDO and A PROFESSIONAL CORPORATION ANGELITO DELMUNDO 1840 Century Park East, Suite 430 Los Angeles, CA 90067 Service was accomplished as follows. E By U.S. Mail, According t0 Normal Business Practices. On the above date, at my place of business at the above address, I sealed the above document(s) in an envelope addressed to the above, and I placed that sealed envelope for collection and mailing following ordinary business practices, for deposit with the U.S. Postal Service. I am readily familiar with the business practice at my place of business for the collection and processing of correspondence for mailing with the U.S. Postal Service. Correspondence so collected and processed is deposited the U.S. Postal Service the same day in the ordinary course of business, postage fully prepaid. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed 0n June 10, 2021, at Los Angeles, California. WWW ’5‘”; Martha Kalenderian 4401 1 1 .03621 -7- VWGoA’s REQUEST FOR ADMISSIONS - SET ONE 010-9221-6833/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Squire Patton Boggs (US) LLP Sean P. Conboy (State Bar No. 214487) sean.conb0y@squirepb.com Shaun Kim (State Bar N0. 307812) shaun.kim@squirepb.com 555 South Flower Street, 3lst Floor Los Angeles, CA 90071 Telephone: +1 213.624.2500 Facsimile: +1 213.623.4581 Attorneys for Defendants VOLKSWAGEN GROUP OF AMERICA, INC. and STEVENS CREEK VOLKSWAGEN SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA MYLNA T. DELMUNDO and ANGELITO Case No. 21CV38 1404 DELMUNDO, DEFENDANT VOLKSWAGEN GROUP 0F Plaintiffs, AMERICA, INC.’S INSPECTION DEMAND PROPOUNDED 0N PLAINTIFF ANGELITO V. DELMUNDO, SET ONE VOLKSWAGEN GROUP OF AMERICA, INC; STEVENS CREEK VOLKSWAGEN; and DOES 1 through 10, inclusive, Defendants. REQUESTING PARTY: VOLKSWAGEN GROUP OF AMERICA, INC. RESPONDING PARTY: ANGELITO DELMUNDO SET NO.: ONE Pursuant to Code 0f Civil Procedure section 203 1 , Defendant Volkswagen Group 0f America, Inc. (hereinafter “VWGOA”) demands that Plaintiff(s) produce for inspection and copying, at the offices of Squire Patton Boggs (US) LLP, 555 South Flower Street, 3lst Floor, Los Angeles, CA 90071 (213.624.2500), no later than 35 days from the date this demand was served, each 0f the documents and things identified in the requests set forth below. -1- VWGOA’S INSPECTION DEMAND - SET ONE 010-9221-9532/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFINITIONS DOCUMENTS: The term “DOCUMENTS” as used herein, means writings as defined in Evidence Code section 250, i.e., “handwriting, typewriting, printing, photostating, photographing, and every other means 0f recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, 0r combinations thereof,” and includes correspondence, notes, memoranda, reports, checks, credit card and other receipts, and all other DOCUMENTS and writings, but excludes attorney work product and attorney-client privileged communications. SUBJECT VEHICLE: As used herein, the term “SUBJECT VEHICLE” means the 2018 Volkswagen Tiguan, VIN #: 3VV1B7AXXJMO29881 referenced in the Complaint filed in this case. OTHER SERVICE CENTER(S): As used herein, the term “OTHER SERVICE CENTER” means body shop, maintenance facility, automobile dealer, oil change shop, auto mechanic, 0r other automotive service provider or equipment installer that is not an authorized VWGOA service facility. MODIFICATION(S): As used herein, the term “MODIFICATION(S)” means the alteration 0r removal of any of the SUBJECT VEHICLE’S parts, components, 0r equipment, 0r the addition 0f any aftermarket parts, components, or equipment. “MODIFICATIONS” does not include repairs or routine maintenance - e.g., oil changes, tire rotations, etc. - performed by an authorized VWGOA service facility). ACCIDENT(S): As used herein, the term “ACCIDENT(S)” means any fire, flood, or collision with another vehicle or any other obj ect that caused damage to the SUBJECT VEHICLE. ACQUISITION or ACQUIRED: As used herein, the terms “ACQUISITION” or “ACQUIRED” means purchased or leased as referenced in the Complaint filed in this case. YOU or YOUR: As used herein, the terms “YOU” or “YOUR” mean the Plaintiff that signed the verification of Plaintiff s responses to this inspection demand. -2- VWGOA’S INSPECTION DEMAND - SET ONE 010-9221-9532/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DOCUMENT REQUESTS REQUEST N0. 1: A11 DOCUMENTS mentioning or pertaining t0 any inspection, maintenance, or repair performed 0n the SUBJECT VEHICLE since the date YOU ACQUIRED it. REQUEST N0. 2: A11 DOCUMENTS mentioning or pertaining t0 any MODIFICATION made to the SUBJECT VEHICLE since the date YOU ACQUIRED it. REQUEST N0. 3: A11 DOCUMENTS mentioning or pertaining t0 any ACCIDENT - including but not limited t0 the damage and/or repairs resulting from the accident(s) - in Which the SUBJECT VEHICLE has been involved since the date YOU ACQUIRED it. REQUEST N0. 4: A11 DOCUMENTS mentioning or pertaining to any damage and/or cost allegedly incurred by Plaintiffs as a result of any alleged defect With the SUBJECT VEHICLE. REQUEST N0. 5: A11 DOCUMENTS upon Which YOU base the contention that YOU are entitled to an award 0f a civil penalty against Volkswagen Group of America, Inc. in this case. REQUEST N0. 6: YOUR contract for the ACQUISITION 0f the SUBJECT VEHICLE. REQUEST N0. 7: A11 DOCUMENTS mentioning or pertaining t0 the current loan/lease payoff amount for the SUBJECT VEHICLE (126., the loarflease payoff amount as of the date Plaintiffs signed the verification for the responses t0 these document requests). REQUEST N0. 8: A11 OEM equipment, parts, and components added t0 the SUBJECT VEHICLE at any time since the date YOU ACQUIRED it. -3- VWGOA’S INSPECTION DEMAND - SET ONE 010-9221-9532/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST N0. 9: A11 OEM equipment, parts, and components removed from the SUBJECT VEHICLE at any time since the date YOU ACQUIRED it. REQUEST N0. 10: A11 aftermarket equipment, parts, and components added t0 the SUBJECT VEHICLE at any time since the date YOU ACQUIRED it. REQUEST N0. 11: A11 aftermarket equipment, parts, and components removed from the SUBJECT VEHICLE at any time since the date YOU ACQUIRED it. REQUEST N0. 12: A11 DOCUMENTS constituting, containing, mentioning or pertaining to any internet postings, blogs, diaries, journals, charts, notes, 0r calendar entries - in digital 0r paper form - that mention, pertain t0 0r refer to the SUBJECT VEHICLE or this lawsuit. REQUEST N0. 13: A11 DOCUMENTS regarding the SUBJECT VEHICLE that were sent by YOU t0 anyone other than YOUR attorney. REQUEST N0. 14: A11 DOCUMENTS regarding the SUBJECT VEHICLE that were received, unsolicited, by YOU) prior to the date that YOU first contacted an attorney regarding the SUBJECT VEHICLE. REQUEST N0. 15: A11 DOCUMENTS referring to California’s “Lemon Law” that were sent by YOU t0 any person or entity - other than YOUR attorney - between the date that YOU ACQUIRED the SUBJECT VEHICLE and the date that YOU filed this lawsuit. REQUEST N0. 16: A11 DOCUMENTS referring t0 California’s “Lemon Law” that were received, unsolicited, by YOU between the date that YOU ACQUIRED the SUBJECT VEHICLE and the date that YOU first contacted an attorney regarding the SUBJECT VEHICLE. -4- VWGOA’S INSPECTION DEMAND - SET ONE 010-9221-9532/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST N0. 17: A11 DOCUMENTS regarding any vehicle 0f the same year, make, and model 0f the SUBJECT VEHICLE that were sent by YOU to anyone other than YOUR attorney. REQUEST N0. 18: A11 DOCUMENTS regarding any vehicle 0f the same year, make, and model 0f the SUBJECT VEHICLE that were received, unsolicited, by YOU prior t0 the date that YOU first contacted an attorney regarding the SUBJECT VEHICLE. REQUEST N0. 19: A11 DOCUMENTS relating t0 actual damages YOU seeks in this case. REQUEST N0. 20: A11 DOCUMENTS relating to restitution YOU seeks in this case. REQUEST N0. 21: A11 DOCUMENTS relating t0 consequential damages YOU seeks in this case. REQUEST N0. 22: A11 DOCUMENTS relating t0 incidental damages YOU seeks in this case. REQUEST N0. 23: A11 DOCUMENTS relating to any communications between YOU and VWGoA REQUEST N0. 24: A11 DOCUMENTS relating t0 any communications regarding the SUBJECT VEHICLE. REQUEST N0. 25: A11 DOCUMENTS relating to YOUR allegation that the running of the limitation periods have been tolled by the equitable tolling doctrine 0r rule. REQUEST N0. 26: A11 DOCUMENTS relating to YOUR allegation that the running of the limitation periods have been tolled by the discovery rule. REQUEST N0. 27: A11 DOCUMENTS relating to YOUR allegation that the running of the limitation periods have been tolled by the fraudulent concealment rule. -5- VWGOA’S INSPECTION DEMAND - SET ONE 010-9221-9532/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST N0. 28: A11 DOCUMENTS relating t0 YOUR allegation that the running 0f the limitation periods have been tolled by the equitable estoppel doctrine 0r rule. REQUEST N0. 29: A11 DOCUMENTS relating YOUR allegation that the running ofthe limitation periods have been tolled by the repair rule. REQUEST N0. 30: A11 DOCUMENTS relating t0 YOUR allegation that the running 0f the limitation periods have been tolled by the class action tolling doctrine or rule. REQUEST N0. 31: A11 DOCUMENTS relating to YOUR allegation that the alleged defects substantially impaired the use, value, 0r safety of the SUBJECT VEHICLE. REQUEST N0. 32: A11 DOCUMENTS relating to YOUR allegation that VWGoA and its representatives have been unable to service or repair the SUBJECT VEHICLE t0 conform t0 the applicable express warranties after reasonable opportunities. REQUEST N0. 33: A11 DOCUMENTS relating to YOUR allegation that VWGOA failed to promptly replace SUBJECT VEHICLE 0r make restitution to YOU. REQUEST N0. 34: A11 DOCUMENTS relating t0 YOUR allegation that YOU have been damaged by VWGOA’s failure t0 comply With its obligations pursuant t0 Civil Code section 1793.2, subdivision (d)- REQUEST N0. 35: A11 DOCUMENTS relating t0 YOUR allegation that YOU have been damaged by VWGOA’S failure to comply With its obligations pursuant to Civil Code section 1793.1, subdivision (80(2)- -6- VWGOA’S INSPECTION DEMAND - SET ONE 010-9221-9532/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST N0. 36: A11 DOCUMENTS relating to YOUR allegation that YOU have been damaged by VWGoA’s failure to comply With its obligations pursuant t0 Civil Code section 1793.2 subdivision (b). REQUEST N0. 37: A11 DOCUMENTS relating t0 YOUR allegation that VWGOA’s failure to comply with its obligations under Civil Code section 1793.2, subdivision (d), was willful. REQUEST N0. 38: A11 DOCUMENTS relating t0 YOUR allegation that VWGoA’s does not maintain a qualified third-party dispute resolution process Which substantially complies With Civil Code section 1793.22. REQUEST N0. 39: A11 DOCUMENTS relating t0 YOUR allegation 0f the diminution in the SUBJECT VEHICLE’s value resulting from its defects. REQUEST N0. 40: A11 DOCUMENTS relating to YOUR belief that, at the time YOU filed the Complaint, the value 0f SUBJECT VEHICLE is de minimis. REQUEST N0. 41: A11 DOCUMENTS relating t0 YOUR allegation that VWGoA’s failure to comply With its obligations under Civil Code section 1793.2, subdivision (b), was willful. REQUEST N0. 42: A11 DOCUMENTS relating t0 YOUR allegation that VWGOA’S failed t0 make available t0 its authorized service and repair facilities sufficient service literature and replacement parts t0 effect repairs during the express warranty period. REQUEST N0. 43: A11 DOCUMENTS relating t0 YOUR allegation that VWGOA’S failed to make available t0 its authorized service and repair facilities sufficient service literature and replacement parts t0 effect repairs during the express warranty period. -7- VWGOA’S INSPECTION DEMAND - SET ONE 010-9221-9532/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST N0. 44: A11 DOCUMENTS relating to YOUR allegation that YOU have been damaged by VWGoA’s failure to comply With its obligations pursuant t0 Civil Code section 1793.2 subdivision (80(3)- REQUEST N0. 45: A11 DOCUMENTS relating t0 YOUR allegation that VWGOA’s failure to comply with its obligations under Civil Code section 1793.2, subdivision (a)(3), was willful. REQUEST N0. 46: A11 DOCUMENTS relating t0 YOUR allegation that the SUBJECT VEHICLE does not pass Without obj ection in the trade under the contract description. REQUEST N0. 47: A11 DOCUMENTS relating to YOUR allegation that the SUBJECT VEHICLE is not fit for the ordinary purposes for Which such goods are used. REQUEST N0. 48: A11 DOCUMENTS relating to YOUR allegation that the SUBJECT VEHICLE is not adequately contained, packaged, and labelled. REQUEST N0. 49: A11 DOCUMENTS relating t0 YOUR allegation that the SUBJECT VEHICLE does not conform t0 the promises or affirmations 0f fact made 0n the container or label. REQUEST N0. 50: A11 DOCUMENTS relating to YOUR allegation that VWGoA violated Civil Code section 1793.2, subdivision (d). REQUEST N0. 51: A11 DOCUMENTS relating to YOUR allegation that VWGoA violated Civil Code section 1793.2, subdivision (b). REQUEST N0. 52: A11 DOCUMENTS relating to YOUR allegation that VWGoA violated Civil Code section 1793.2, subdivision (a)(3). -8- VWGOA’S INSPECTION DEMAND - SET ONE 010-9221-9532/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Sheet, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST NO. 532 A11 DOCIHVIENTS relating to YOUR allegation that VWGOA violated Civil Code section 1791 .2, subdivision (a). REQUEST NO. 542 A11 DOCUMENTS relating to YOUR allegation that VWGOA violated Civil Code section 1 794. REQUEST NO. 552 A11 DOCUMENTS relating to YOUR allegation that VWGOA violated Civil Code section 1 79 1 . 1 . REQUEST NO. 562 A11 DOCUMENTS relating to YOUR allegation that VWGOA violated Civil Code section 1 795 . 5. REQUEST N0. 57: A11 DOCUMENTS regarding any insurance coverage for the SUBJECT VEHICLE, including insurance payments received by YOU. Dated: June 10, 2021 Squire Patton Boggs (US) LLP By;W Shaun Kim Sean P. Conboy Attorneys for Defendants VOLKSWAGEN GROUP OF AMERICA, INC. and STEVENS CREEK VOLKSWAGEN -9- V WGoA’s INSPECTION DEMAND - SET ONE 010-9221-9532/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Sheet, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF 0F SERVICE (Pursuant t0 California State Law) The undersigned certifies and declares as follows: I am a resident of the State of California and over 18 years of age and am not a party t0 this action. My business address is 555 South Flower Street, Suite 3100, Los Angeles, CA 90071, Which is located in the county where any non-personal service described below took place. On June 10, 2021, a copy of the following document(s): DEFENDANT VOLKSWAGEN GROUP OF AMERICA, INC.’S INSPECTION DEMAND PROPOUNDED 0N PLAINTIFF ANGELITO DELMUNDO, SET ONE was served on: Tionna Dolin, Esq. Attorneysfor Plaintiff STRATEGIC LEGAL PRACTICES MYLNA T. DELMUNDO and A PROFESSIONAL CORPORATION ANGELITO DELMUNDO 1840 Century Park East, Suite 430 Los Angeles, CA 90067 Service was accomplished as follows. E By U.S. Mail, According t0 Normal Business Practices. On the above date, at my place of business at the above address, I sealed the above document(s) in an envelope addressed to the above, and I placed that sealed envelope for collection and mailing following ordinary business practices, for deposit with the U.S. Postal Service. I am readily familiar with the business practice at my place of business for the collection and processing of correspondence for mailing with the U.S. Postal Service. Correspondence so collected and processed is deposited the U.S. Postal Service the same day in the ordinary course of business, postage fully prepaid. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed 0n June 10, 2021, at Los Angeles, California. WWW 16"“- Martha Kalenderian 4401 1 1 .03621 -10- V WGoA’s INSPECTION DEMAND - SET ONE 010-9221-9532/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Squire Patton Boggs (US) LLP Sean P. Conboy (State Bar No. 214487) sean.conb0y@squirepb.com Shaun Kim (State Bar N0. 307812) shaun.kim@squirepb.com 555 South Flower Street, 3lst Floor Los Angeles, CA 90071 Telephone: +1 213.624.2500 Facsimile: +1 213.623.4581 Attorneys for Defendants VOLKSWAGEN GROUP OF AMERICA, INC. and STEVENS CREEK VOLKSWAGEN SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA MYLNA T. DELMUNDO and ANGELITO Case No. 21CV38 1404 DELMUNDO, DEFENDANT VOLKSWAGEN GROUP 0F Plaintiffs, AMERICA, INC.’S INSPECTION DEMAND PROPOUNDED 0N PLAINTIFF MYLNA T. V. DELMUNDO, SET ONE VOLKSWAGEN GROUP OF AMERICA, INC; STEVENS CREEK VOLKSWAGEN; and DOES 1 through 10, inclusive, Defendants. REQUESTING PARTY: VOLKSWAGEN GROUP OF AMERICA, INC. RESPONDING PARTY: MYLNA T. DELMUNDO SET NO.: ONE Pursuant to Code 0f Civil Procedure section 203 1 , Defendant Volkswagen Group 0f America, Inc. (hereinafter “VWGOA”) demands that Plaintiff(s) produce for inspection and copying, at the offices of Squire Patton Boggs (US) LLP, 555 South Flower Street, 3lst Floor, Los Angeles, CA 90071 (213.624.2500), no later than 35 days from the date this demand was served, each 0f the documents and things identified in the requests set forth below. -1- VWGOA’S INSPECTION DEMAND - SET ONE 010-9221-6678/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFINITIONS DOCUMENTS: The term “DOCUMENTS” as used herein, means writings as defined in Evidence Code section 250, i.e., “handwriting, typewriting, printing, photostating, photographing, and every other means 0f recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, 0r combinations thereof,” and includes correspondence, notes, memoranda, reports, checks, credit card and other receipts, and all other DOCUMENTS and writings, but excludes attorney work product and attorney-client privileged communications. SUBJECT VEHICLE: As used herein, the term “SUBJECT VEHICLE” means the 2018 Volkswagen Tiguan, VIN #: 3VV1B7AXXJMO29881 referenced in the Complaint filed in this case. OTHER SERVICE CENTER(S): As used herein, the term “OTHER SERVICE CENTER” means body shop, maintenance facility, automobile dealer, oil change shop, auto mechanic, 0r other automotive service provider or equipment installer that is not an authorized VWGOA service facility. MODIFICATION(S): As used herein, the term “MODIFICATION(S)” means the alteration 0r removal of any of the SUBJECT VEHICLE’S parts, components, 0r equipment, 0r the addition 0f any aftermarket parts, components, or equipment. “MODIFICATIONS” does not include repairs or routine maintenance - e.g., oil changes, tire rotations, etc. - performed by an authorized VWGOA service facility). ACCIDENT(S): As used herein, the term “ACCIDENT(S)” means any fire, flood, or collision with another vehicle or any other obj ect that caused damage to the SUBJECT VEHICLE. ACQUISITION or ACQUIRED: As used herein, the terms “ACQUISITION” or “ACQUIRED” means purchased or leased as referenced in the Complaint filed in this case. YOU or YOUR: As used herein, the terms “YOU” or “YOUR” mean the Plaintiff that signed the verification of Plaintiff s responses to this inspection demand. -2- VWGOA’S INSPECTION DEMAND - SET ONE 010-9221-6678/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DOCUMENT REQUESTS REQUEST N0. 1: A11 DOCUMENTS mentioning or pertaining t0 any inspection, maintenance, or repair performed 0n the SUBJECT VEHICLE since the date YOU ACQUIRED it. REQUEST N0. 2: A11 DOCUMENTS mentioning or pertaining t0 any MODIFICATION made to the SUBJECT VEHICLE since the date YOU ACQUIRED it. REQUEST N0. 3: A11 DOCUMENTS mentioning or pertaining t0 any ACCIDENT - including but not limited t0 the damage and/or repairs resulting from the accident(s) - in Which the SUBJECT VEHICLE has been involved since the date YOU ACQUIRED it. REQUEST N0. 4: A11 DOCUMENTS mentioning or pertaining to any damage and/or cost allegedly incurred by Plaintiffs as a result of any alleged defect With the SUBJECT VEHICLE. REQUEST N0. 5: A11 DOCUMENTS upon Which YOU base the contention that YOU are entitled to an award 0f a civil penalty against Volkswagen Group of America, Inc. in this case. REQUEST N0. 6: YOUR contract for the ACQUISITION 0f the SUBJECT VEHICLE. REQUEST N0. 7: A11 DOCUMENTS mentioning or pertaining t0 the current loan/lease payoff amount for the SUBJECT VEHICLE (126., the loarflease payoff amount as of the date Plaintiffs signed the verification for the responses t0 these document requests). REQUEST N0. 8: A11 OEM equipment, parts, and components added t0 the SUBJECT VEHICLE at any time since the date YOU ACQUIRED it. -3- VWGOA’S INSPECTION DEMAND - SET ONE 010-9221-6678/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST N0. 9: A11 OEM equipment, parts, and components removed from the SUBJECT VEHICLE at any time since the date YOU ACQUIRED it. REQUEST N0. 10: A11 aftermarket equipment, parts, and components added t0 the SUBJECT VEHICLE at any time since the date YOU ACQUIRED it. REQUEST N0. 11: A11 aftermarket equipment, parts, and components removed from the SUBJECT VEHICLE at any time since the date YOU ACQUIRED it. REQUEST N0. 12: A11 DOCUMENTS constituting, containing, mentioning or pertaining to any internet postings, blogs, diaries, journals, charts, notes, 0r calendar entries - in digital 0r paper form - that mention, pertain t0 0r refer to the SUBJECT VEHICLE or this lawsuit. REQUEST N0. 13: A11 DOCUMENTS regarding the SUBJECT VEHICLE that were sent by YOU t0 anyone other than YOUR attorney. REQUEST N0. 14: A11 DOCUMENTS regarding the SUBJECT VEHICLE that were received, unsolicited, by YOU) prior to the date that YOU first contacted an attorney regarding the SUBJECT VEHICLE. REQUEST N0. 15: A11 DOCUMENTS referring to California’s “Lemon Law” that were sent by YOU t0 any person or entity - other than YOUR attorney - between the date that YOU ACQUIRED the SUBJECT VEHICLE and the date that YOU filed this lawsuit. REQUEST N0. 16: A11 DOCUMENTS referring t0 California’s “Lemon Law” that were received, unsolicited, by YOU between the date that YOU ACQUIRED the SUBJECT VEHICLE and the date that YOU first contacted an attorney regarding the SUBJECT VEHICLE. -4- VWGOA’S INSPECTION DEMAND - SET ONE 010-9221-6678/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST N0. 17: A11 DOCUMENTS regarding any vehicle 0f the same year, make, and model 0f the SUBJECT VEHICLE that were sent by YOU to anyone other than YOUR attorney. REQUEST N0. 18: A11 DOCUMENTS regarding any vehicle 0f the same year, make, and model 0f the SUBJECT VEHICLE that were received, unsolicited, by YOU prior t0 the date that YOU first contacted an attorney regarding the SUBJECT VEHICLE. REQUEST N0. 19: A11 DOCUMENTS relating t0 actual damages YOU seeks in this case. REQUEST N0. 20: A11 DOCUMENTS relating to restitution YOU seeks in this case. REQUEST N0. 21: A11 DOCUMENTS relating t0 consequential damages YOU seeks in this case. REQUEST N0. 22: A11 DOCUMENTS relating t0 incidental damages YOU seeks in this case. REQUEST N0. 23: A11 DOCUMENTS relating to any communications between YOU and VWGoA REQUEST N0. 24: A11 DOCUMENTS relating t0 any communications regarding the SUBJECT VEHICLE. REQUEST N0. 25: A11 DOCUMENTS relating to YOUR allegation that the running of the limitation periods have been tolled by the equitable tolling doctrine 0r rule. REQUEST N0. 26: A11 DOCUMENTS relating to YOUR allegation that the running of the limitation periods have been tolled by the discovery rule. REQUEST N0. 27: A11 DOCUMENTS relating to YOUR allegation that the running of the limitation periods have been tolled by the fraudulent concealment rule. -5- VWGOA’S INSPECTION DEMAND - SET ONE 010-9221-6678/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST N0. 28: A11 DOCUMENTS relating t0 YOUR allegation that the running 0f the limitation periods have been tolled by the equitable estoppel doctrine 0r rule. REQUEST N0. 29: A11 DOCUMENTS relating YOUR allegation that the running ofthe limitation periods have been tolled by the repair rule. REQUEST N0. 30: A11 DOCUMENTS relating t0 YOUR allegation that the running 0f the limitation periods have been tolled by the class action tolling doctrine or rule. REQUEST N0. 31: A11 DOCUMENTS relating to YOUR allegation that the alleged defects substantially impaired the use, value, 0r safety of the SUBJECT VEHICLE. REQUEST N0. 32: A11 DOCUMENTS relating to YOUR allegation that VWGoA and its representatives have been unable to service or repair the SUBJECT VEHICLE t0 conform t0 the applicable express warranties after reasonable opportunities. REQUEST N0. 33: A11 DOCUMENTS relating to YOUR allegation that VWGOA failed to promptly replace SUBJECT VEHICLE 0r make restitution to YOU. REQUEST N0. 34: A11 DOCUMENTS relating t0 YOUR allegation that YOU have been damaged by VWGOA’s failure t0 comply With its obligations pursuant t0 Civil Code section 1793.2, subdivision (d)- REQUEST N0. 35: A11 DOCUMENTS relating t0 YOUR allegation that YOU have been damaged by VWGOA’S failure to comply With its obligations pursuant to Civil Code section 1793.1, subdivision (80(2)- -6- VWGOA’S INSPECTION DEMAND - SET ONE 010-9221-6678/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST N0. 36: A11 DOCUMENTS relating to YOUR allegation that YOU have been damaged by VWGoA’s failure to comply With its obligations pursuant t0 Civil Code section 1793.2 subdivision (b). REQUEST N0. 37: A11 DOCUMENTS relating t0 YOUR allegation that VWGOA’s failure to comply with its obligations under Civil Code section 1793.2, subdivision (d), was willful. REQUEST N0. 38: A11 DOCUMENTS relating t0 YOUR allegation that VWGoA’s does not maintain a qualified third-party dispute resolution process Which substantially complies With Civil Code section 1793.22. REQUEST N0. 39: A11 DOCUMENTS relating t0 YOUR allegation 0f the diminution in the SUBJECT VEHICLE’s value resulting from its defects. REQUEST N0. 40: A11 DOCUMENTS relating to YOUR belief that, at the time YOU filed the Complaint, the value 0f SUBJECT VEHICLE is de minimis. REQUEST N0. 41: A11 DOCUMENTS relating t0 YOUR allegation that VWGoA’s failure to comply With its obligations under Civil Code section 1793.2, subdivision (b), was willful. REQUEST N0. 42: A11 DOCUMENTS relating t0 YOUR allegation that VWGOA’S failed t0 make available t0 its authorized service and repair facilities sufficient service literature and replacement parts t0 effect repairs during the express warranty period. REQUEST N0. 43: A11 DOCUMENTS relating t0 YOUR allegation that VWGOA’S failed to make available t0 its authorized service and repair facilities sufficient service literature and replacement parts t0 effect repairs during the express warranty period. -7- VWGOA’S INSPECTION DEMAND - SET ONE 010-9221-6678/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST N0. 44: A11 DOCUMENTS relating to YOUR allegation that YOU have been damaged by VWGoA’s failure to comply With its obligations pursuant t0 Civil Code section 1793.2 subdivision (80(3)- REQUEST N0. 45: A11 DOCUMENTS relating t0 YOUR allegation that VWGOA’s failure to comply with its obligations under Civil Code section 1793.2, subdivision (a)(3), was willful. REQUEST N0. 46: A11 DOCUMENTS relating t0 YOUR allegation that the SUBJECT VEHICLE does not pass Without obj ection in the trade under the contract description. REQUEST N0. 47: A11 DOCUMENTS relating to YOUR allegation that the SUBJECT VEHICLE is not fit for the ordinary purposes for Which such goods are used. REQUEST N0. 48: A11 DOCUMENTS relating to YOUR allegation that the SUBJECT VEHICLE is not adequately contained, packaged, and labelled. REQUEST N0. 49: A11 DOCUMENTS relating t0 YOUR allegation that the SUBJECT VEHICLE does not conform t0 the promises or affirmations 0f fact made 0n the container or label. REQUEST N0. 50: A11 DOCUMENTS relating to YOUR allegation that VWGoA violated Civil Code section 1793.2, subdivision (d). REQUEST N0. 51: A11 DOCUMENTS relating to YOUR allegation that VWGoA violated Civil Code section 1793.2, subdivision (b). REQUEST N0. 52: A11 DOCUMENTS relating to YOUR allegation that VWGoA violated Civil Code section 1793.2, subdivision (a)(3). -8- VWGOA’S INSPECTION DEMAND - SET ONE 010-9221-6678/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Sheet, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST NO. 532 A11 DOCIHVIENTS relating to YOUR allegation that VWGOA violated Civil Code section 1791 .2, subdivision (a). REQUEST NO. 542 A11 DOCUMENTS relating to YOUR allegation that VWGOA violated Civil Code section 1 794. REQUEST NO. 552 A11 DOCUMENTS relating to YOUR allegation that VWGOA violated Civil Code section 1 79 1 . 1 . REQUEST NO. 562 A11 DOCUMENTS relating to YOUR allegation that VWGOA violated Civil Code section 1 795 . 5. REQUEST N0. 57: A11 DOCUMENTS regarding any insurance coverage for the SUBJECT VEHICLE, including insurance payments received by YOU. Dated: June 10, 2021 Squire Patton Boggs (US) LLP By;W Shaun Kim Sean P. Conboy Attorneys for Defendants VOLKSWAGEN GROUP OF AMERICA, INC. and STEVENS CREEK VOLKSWAGEN -9- V WGoA’s INSPECTION DEMAND - SET ONE 010-9221-6673/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Sheet, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF 0F SERVICE (Pursuant t0 California State Law) The undersigned certifies and declares as follows: I am a resident of the State of California and over 18 years of age and am not a party t0 this action. My business address is 555 South Flower Street, Suite 3100, Los Angeles, CA 90071, Which is located in the county where any non-personal service described below took place. On June 10, 2021, a copy of the following document(s): DEFENDANT VOLKSWAGEN GROUP OF AMERICA, INC.’S INSPECTION DEMAND PROPOUNDED 0N PLAINTIFF MYLNA T. DELMUNDO, SET ONE was served on: Tionna Dolin, Esq. Attorneysfor Plaintiff STRATEGIC LEGAL PRACTICES MYLNA T. DELMUNDO and A PROFESSIONAL CORPORATION ANGELITO DELMUNDO 1840 Century Park East, Suite 430 Los Angeles, CA 90067 Service was accomplished as follows. E By U.S. Mail, According to Normal Business Practices. On the above date, at my place of business at the above address, I sealed the above document(s) in an envelope addressed to the above, and I placed that sealed envelope for collection and mailing following ordinary business practices, for deposit With the U.S. Postal Service. I am readily familiar with the business practice at my place of business for the collection and processing 0f correspondence for mailing with the U.S. Postal Service. Correspondence s0 collected and processed is deposited the U.S. Postal Service the same day in the ordinary course 0f business, postage fully prepaid. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on June 10, 2021, at Los Angeles, California. quKo-a- Martha Kalenderian 4401 1 1 .0362] -10- V WGoA’s INSPECTION DEMAND - SET ONE 010-9221-6673/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Squire Patton Boggs (US) LLP Sean P. Conboy (State Bar No. 214487) sean.conb0y@squirepb.com Shaun Kim (State Bar N0. 307812) shaun.kim@squirepb.com 555 South Flower Street, 3lst Floor Los Angeles, CA 90071 Telephone: +1 213.624.2500 Facsimile: +1 213.623.4581 Attorneys for Defendants VOLKSWAGEN GROUP OF AMERICA, INC. and STEVENS CREEK VOLKSWAGEN SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA MYLNA T. DELMUNDO and ANGELITO Case No. 21CV38 1404 DELMUNDO, DEFENDANT VOLKSWAGEN GROUP 0F Plaintiffs, AMERICA, INC.’S SPECIAL INTERROGATORIES PROPOUNDED 0N V. PLAINTIFF ANGELITO DELMUNDO, SET ONE VOLKSWAGEN GROUP OF AMERICA, INC; STEVENS CREEK VOLKSWAGEN; and DOES 1 through 10, inclusive, Defendants. REQUESTING PARTY: VOLKSWAGEN GROUP OF AMERICA, INC. RESPONDING PARTY: ANGELITO T. DELMUNDO SET NO.: ONE Defendant Volkswagen Group of America, Inc. (“VWGOA”) requests that the Responding Party answer the following first set of specially prepared interrogatories separately and fully in writing under oath, pursuant t0 Code of Civil Procedure section 2030.010 et seq. SPECIAL INTERROGATORY N0. 1: Please describe with particularity (i.e., identify nature and amount) all damages YOU are claiming in this case. (As used herein, the terms “YOU” and “YOUR” mean the Plaintiff that signed the verification of Plaintiff s interrogatory responses). -1- VWGOA’S SPECIAL INTERROGATORIES, SET ONE 010-9221-9512/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SPECIAL INTERROGATORY N0. 2: IDENTIFY every PERSON Who has witnessed any of the defects YOU contend exist (or have existed) in the SUBJECT VEHICLE. (As used herein the term “IDENTIFY” means to set forth fully and completely all information requested by the interrogatory which is known to YOU 0r could reasonably be obtained by YOU. With respect t0 persons or entities, the term “IDENTIFY” means to set forth the name and current - 0r, if applicable, last known - address and telephone number of each such person 0r entity. As used herein, the term “SUBJECT VEHICLE” means the 2018 Volkswagen Tiguan, VIN #: 3VV1B7AXXJM029881 automobile referenced in YOUR Complaint.) SPECIAL INTERROGATORY N0. 3: State the total amount of all loan/lease payments YOU have made in connection With YOUR ACQUISITION of the SUBJECT VEHICLE. (As used herein, the term “ACQUISITION” 0r “ACQUIRE(D)” means purchased 0r leased as referenced in YOUR Complaint.) SPECIAL INTERROGATORY N0. 4: State the amount YOU owe - as of the date YOU verified your responses t0 these interrogatories - on any loans/liens remaining 0n the SUBJECT VEHICLE. SPECIAL INTERROGATORY N0. 5: Identify (i.e., by date and amount) each registration renewal fee YOU have paid in connection With the SUBJECT VEHICLE after the date you ACQUIRED it. SPECIAL INTERROGATORY N0. 6: State the total amount 0f repair costs YOU have paid as the result 0f any alleged defects with the SUBJECT VEHICLE. SPECIAL INTERROGATORY N0. 7: State the total amount 0f towing costs YOU have paid as the result 0f any alleged defects with the SUBJECT VEHICLE. -2- VWGOA’S SPECIAL INTERROGATORIES, SET ONE 010-9221-9512/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SPECIAL INTERROGATORY NO. 8: State the total amount of rental car costs YOU have paid as the result 0f any alleged defects with the SUBJECT VEHICLE. SPECIAL INTERROGATORY N0. 9: Describe With particularity all payments (116., nature of, reason for, and amount) YOU have made for all SERVICES performed on the SUBJECT VEHICLE since the date YOU ACQUIRED it. (As used herein, the term “SERVICES” means repairs, maintenance, diagnoses, inspections, modifications, and/or installation 0f parts and accessories). SPECIAL INTERROGATORY N0. 10: Describe With particularity the alleged defects YOU contend existed in the SUBJECT VEHICLE as of the date YOU filed this lawsuit. SPECIAL INTERROGATORY N0. 11: Describe With particularity the alleged defects that YOU contend still exist in the SUBJECT VEHICLE as of the date YOU signed the verification for this set of interrogatories. SPECIAL INTERROGATORY N0. 12: Please state the total number of miles indicated on the SUBJECT VEHICLE’S odometer as 0f the date YOU signed the verification for this set 0f interrogatories. SPECIAL INTERROGATORY N0. 13: Please IDENTIFY each authorized VWGOA service facility to which the SUBJECT VEHICLE has been taken for any reason since the date YOU ACQUIRED it. SPECIAL INTERROGATORY N0. 14: Has the SUBJECT VEHICLE ever been taken to any OTHER SERVICE CENTER for any reason since the date YOU ACQUIRED the SUBJECT VEHICLE? (As used herein, the term “OTHER SERVICE CENTER” means body shop, maintenance facility, automobile dealer, oil change shop, auto mechanic, or other automotive service provider or equipment installer that is n_ot an authorized VWGOA service facility). -3- VWGOA’S SPECIAL INTERROGATORIES, SET ONE 010-9221-9512/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SPECIAL INTERROGATORY N0. 15: If the SUBJECT VEHICLE has been taken t0 any OTHER SERVICE CENTER for any reason since the date YOU ACQUIRED the SUBJECT VEHICLE, please IDENTIFY each OTHER SERVICE CENTER to which the SUBJECT VEHICLE has been taken. SPECIAL INTERROGATORY N0. 16: If the SUBJECT VEHICLE has been taken to any OTHER SERVICE CENTER for any reason since the date YOU ACQUIRED the SUBJECT VEHICLE, please state the date(s) the SUBJECT VEHICLE was taken to such OTHER SERVICE CENTER(S). SPECIAL INTERROGATORY N0. 17: If the SUBJECT VEHICLE has been taken t0 any OTHER SERVICE CENTER for any reason since the date YOU ACQUIRED the SUBJECT VEHICLE, please describe With particularity each and every reason the SUBJECT VEHICLE was taken to such OTHER SERVICE CENTER(S). SPECIAL INTERROGATORY N0. 18: Please describe with particularity all MODIFICATIONS made to the SUBJECT VEHICLE since the date YOU ACQUIRED it. (As used herein, the term “MODIFICATIONS” means the alteration 0r removal of any 0f the SUBJECT VEHICLE’S parts, components, 0r equipment, or the addition of any aftermarket parts, components or equipment, 0r the alteration or attempted alteration of any of the SUBJECT VEHICLE’S software 0r control modules. “MODIFICATIONS” does n_0t include repairs or routine maintenance - e.g., oil changes, tire rotations, etc. - performed by an authorized VWGOA service facility). SPECIAL INTERROGATORY N0. 19: Has the SUBJECT VEHICLE ever been in an ACCIDENT since the date YOU ACQUIRED it? (As used herein, the term “ACCIDENT” means any fire, flood, or collision with another vehicle or any other obj ect that caused damage to the SUBJECT VEHICLE). SPECIAL INTERROGATORY N0. 20: If the SUBJECT VEHICLE has been in an ACCIDENT since the date YOU ACQUIRED the SUBJECT VEHICLE, please DESCRIBE each and every such ACCIDENT. (As used in this -4- VWGOA’S SPECIAL INTERROGATORIES, SET ONE 010-9221-9512/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 interrogatory, the term “DESCRIBE” means t0 provide With particularity the details of the accident, including the date and location - z'.e., address/cross streets and city - 0f the accident, type of accident, location and nature 0f the vehicle damage that resulted from the accident, and identification and explanation 0f any parts replaced or repairs performed on the SUBJECT VEHICLE as a result of the accident). SPECIAL INTERROGATORY N0. 21: Please identify With particularity all aftermarket parts that have been added t0 the SUBJECT VEHICLE since the date YOU ACQUIRED it. SPECIAL INTERROGATORY N0. 22: If any aftermarket parts have been added t0 the SUBJECT VEHICLE since the date YOU ACQUIRED it, please state the date(s) that each such aftermarket part was added. SPECIAL INTERROGATORY N0. 23: If any aftermarket parts have been removed from the SUBJECT VEHICLE since the date YOU ACQUIRED it, please state the date(s) that each such aftermarket part was removed. SPECIAL INTERROGATORY N0. 24: IfYOU d0 not still OWN the SUBJECT VEHICLE, please state With specificity the date that YOU DISPOSED OF it. (As used here, the term “OWN” means to possess pursuant t0 a purchase contract or lease agreement. As used here, the term “DISPOSED OF” means sold, traded, or donated the SUBJECT VEHICLE, 0r surrendered it pursuant to lease termination). SPECIAL INTERROGATORY N0. 25: IfYOU DISPOSED OF the SUBJECT VEHICLE, please state how much (126., financial value/remuneration) YOU received for it. SPECIAL INTERROGATORY N0. 26: Please state With specificity the date on Which YOU contend VWGoA’s obligation to REACQUIRE the SUBJECT VEHICLE pursuant t0 Civil Code section 1793.2(d) first arose. (As used herein, the term “REACQUIRE” means t0 repurchase 0r replace pursuant t0 the terms 0f the Song-Beverly Consumer Warranty Act.) -5- VWGOA’S SPECIAL INTERROGATORIES, SET ONE 010-9221-9512/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SPECIAL INTERROGATORY N0. 27: Please state With specificity the date 0n which YOU contend VWGOA first breached its obligation to REACQUIRE the SUBJECT VEHICLE pursuant to Civil Code section 1793.2(d). SPECIAL INTERROGATORY N0. 28: IfYOU contend that VWGOA breached the implied warranty 0f merchantability applicable t0 the SUBJECT VEHICLE, please state With specificity the date 0n which the breach occurred. SPECIAL INTERROGATORY N0. 29: IfYOU contend that VWGOA breached the implied warranty of fitness for a particular purpose applicable to the SUBJECT VEHICLE, please state with specificity the date 0n which the breach occurred. SPECIAL INTERROGATORY N0. 30: If, prior t0 the date YOU first contacted an attorney about the SUBJECT VEHICLE, YOU received any information by mail referring to the SUBJECT VEHICLE, please IDENTIFY the sender of such information. SPECIAL INTERROGATORY N0. 31: If, prior t0 the date YOU first contacted an attorney about the SUBJECT VEHICLE, YOU received any information by mail referring to California’s “Lemon Law,” please IDENTIFY the sender 0f such information. SPECIAL INTERROGATORY N0. 32: Please state with specificity the date on Which Plaintiff contends VWGOA first violated Civil Code section 1793.2(b). -6- VWGOA’S SPECIAL INTERROGATORIES, SET ONE 010-9221-9512/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Sheet, 31st Floor Los Angeles, CA 90071 UIAWN QON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: June 10, 2021 Squire Patton Boggs (US) LLP Shaun Kim Sean P. Conboy Attorneys for Defendants VOLKSWAGEN GROUP OF AMERICA, INC. and STEVENS CREEK VOLKSWAGEN -7- 01 0-9221-951 2/1/AMER|CAS V WGOA’S SPECIAL INTERROGATORIES, SET ONE SQUIRE PATTON BOGGS (US) LLP 555 South Flower Sheet, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF 0F SERVICE (Pursuant t0 California State Law) The undersigned certifies and declares as follows: I am a resident of the State of California and over 18 years of age and am not a party t0 this action. My business address is 555 South Flower Street, Suite 3100, Los Angeles, CA 90071, Which is located in the county where any non-personal service described below took place. On June 10, 2021, a copy of the following document(s): DEFENDANT VOLKSWAGEN GROUP OF AMERICA, INC.’S SPECIAL INTERROGATORIES PROPOUNDED 0N PLAINTIFF ANGELITO DELMUNDO, SET ONE was served on: Tionna Dolin, Esq. Attorneysfor Plaintiff STRATEGIC LEGAL PRACTICES MYLNA T. DELMUNDO and A PROFESSIONAL CORPORATION ANGELITO DELMUNDO 1840 Century Park East, Suite 430 Los Angeles, CA 90067 Service was accomplished as follows. E By U.S. Mail, According t0 Normal Business Practices. On the above date, at my place of business at the above address, I sealed the above document(s) in an envelope addressed to the above, and I placed that sealed envelope for collection and mailing following ordinary business practices, for deposit with the U.S. Postal Service. I am readily familiar with the business practice at my place of business for the collection and processing of correspondence for mailing with the U.S. Postal Service. Correspondence so collected and processed is deposited the U.S. Postal Service the same day in the ordinary course of business, postage fully prepaid. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed 0n June 10, 2021, at Los Angeles, California. WDW- ’60-” Martha Kalenderian 4401 1 1 .03621 -8- V WGOA’S SPECIAL INTERROGATORIES, SET ONE 010-9221-9512/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Squire Patton Boggs (US) LLP Sean P. Conboy (State Bar No. 214487) sean.conb0y@squirepb.com Shaun Kim (State Bar N0. 307812) shaun.kim@squirepb.com 555 South Flower Street, 3lst Floor Los Angeles, CA 90071 Telephone: +1 213.624.2500 Facsimile: +1 213.623.4581 Attorneys for Defendants VOLKSWAGEN GROUP OF AMERICA, INC. and STEVENS CREEK VOLKSWAGEN SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA MYLNA T. DELMUNDO and ANGELITO Case No. 21CV38 1404 DELMUNDO, DEFENDANT VOLKSWAGEN GROUP 0F Plaintiffs, AMERICA, INC.’S SPECIAL INTERROGATORIES PROPOUNDED 0N V. PLAINTIFF MYLNA T. DELMUNDO, SET ONE VOLKSWAGEN GROUP OF AMERICA, INC; STEVENS CREEK VOLKSWAGEN; and DOES 1 through 10, inclusive, Defendants. REQUESTING PARTY: VOLKSWAGEN GROUP OF AMERICA, INC. RESPONDING PARTY: MYLNA T. DELMUNDO SET NO.: ONE Defendant Volkswagen Group of America, Inc. (“VWGOA”) requests that the Responding Party answer the following first set of specially prepared interrogatories separately and fully in writing under oath, pursuant t0 Code of Civil Procedure section 2030.010 et seq. SPECIAL INTERROGATORY N0. 1: Please describe with particularity (i.e., identify nature and amount) all damages YOU are claiming in this case. (As used herein, the terms “YOU” and “YOUR” mean the Plaintiff that signed the verification of Plaintiff s interrogatory responses). -1- VWGOA’S SPECIAL INTERROGATORIES, SET ONE 010-9221-6557/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SPECIAL INTERROGATORY N0. 2: IDENTIFY every PERSON Who has witnessed any of the defects YOU contend exist (or have existed) in the SUBJECT VEHICLE. (As used herein the term “IDENTIFY” means to set forth fully and completely all information requested by the interrogatory which is known to YOU 0r could reasonably be obtained by YOU. With respect t0 persons or entities, the term “IDENTIFY” means to set forth the name and current - 0r, if applicable, last known - address and telephone number of each such person 0r entity. As used herein, the term “SUBJECT VEHICLE” means the 2018 Volkswagen Tiguan, VIN #: 3VV1B7AXXJM029881 automobile referenced in YOUR Complaint.) SPECIAL INTERROGATORY N0. 3: State the total amount of all loan/lease payments YOU have made in connection With YOUR ACQUISITION of the SUBJECT VEHICLE. (As used herein, the term “ACQUISITION” 0r “ACQUIRE(D)” means purchased 0r leased as referenced in YOUR Complaint.) SPECIAL INTERROGATORY N0. 4: State the amount YOU owe - as of the date YOU verified your responses t0 these interrogatories - on any loans/liens remaining 0n the SUBJECT VEHICLE. SPECIAL INTERROGATORY N0. 5: Identify (i.e., by date and amount) each registration renewal fee YOU have paid in connection With the SUBJECT VEHICLE after the date you ACQUIRED it. SPECIAL INTERROGATORY N0. 6: State the total amount 0f repair costs YOU have paid as the result 0f any alleged defects with the SUBJECT VEHICLE. SPECIAL INTERROGATORY N0. 7: State the total amount 0f towing costs YOU have paid as the result 0f any alleged defects with the SUBJECT VEHICLE. -2- VWGOA’S SPECIAL INTERROGATORIES, SET ONE 010-9221-6557/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SPECIAL INTERROGATORY NO. 8: State the total amount of rental car costs YOU have paid as the result 0f any alleged defects with the SUBJECT VEHICLE. SPECIAL INTERROGATORY N0. 9: Describe With particularity all payments (116., nature of, reason for, and amount) YOU have made for all SERVICES performed on the SUBJECT VEHICLE since the date YOU ACQUIRED it. (As used herein, the term “SERVICES” means repairs, maintenance, diagnoses, inspections, modifications, and/or installation 0f parts and accessories). SPECIAL INTERROGATORY N0. 10: Describe With particularity the alleged defects YOU contend existed in the SUBJECT VEHICLE as of the date YOU filed this lawsuit. SPECIAL INTERROGATORY N0. 11: Describe With particularity the alleged defects that YOU contend still exist in the SUBJECT VEHICLE as of the date YOU signed the verification for this set of interrogatories. SPECIAL INTERROGATORY N0. 12: Please state the total number of miles indicated on the SUBJECT VEHICLE’S odometer as 0f the date YOU signed the verification for this set 0f interrogatories. SPECIAL INTERROGATORY N0. 13: Please IDENTIFY each authorized VWGOA service facility to which the SUBJECT VEHICLE has been taken for any reason since the date YOU ACQUIRED it. SPECIAL INTERROGATORY N0. 14: Has the SUBJECT VEHICLE ever been taken to any OTHER SERVICE CENTER for any reason since the date YOU ACQUIRED the SUBJECT VEHICLE? (As used herein, the term “OTHER SERVICE CENTER” means body shop, maintenance facility, automobile dealer, oil change shop, auto mechanic, or other automotive service provider or equipment installer that is n_ot an authorized VWGOA service facility). -3- VWGOA’S SPECIAL INTERROGATORIES, SET ONE 010-9221-6557/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SPECIAL INTERROGATORY N0. 15: If the SUBJECT VEHICLE has been taken t0 any OTHER SERVICE CENTER for any reason since the date YOU ACQUIRED the SUBJECT VEHICLE, please IDENTIFY each OTHER SERVICE CENTER to which the SUBJECT VEHICLE has been taken. SPECIAL INTERROGATORY N0. 16: If the SUBJECT VEHICLE has been taken to any OTHER SERVICE CENTER for any reason since the date YOU ACQUIRED the SUBJECT VEHICLE, please state the date(s) the SUBJECT VEHICLE was taken to such OTHER SERVICE CENTER(S). SPECIAL INTERROGATORY N0. 17: If the SUBJECT VEHICLE has been taken t0 any OTHER SERVICE CENTER for any reason since the date YOU ACQUIRED the SUBJECT VEHICLE, please describe With particularity each and every reason the SUBJECT VEHICLE was taken to such OTHER SERVICE CENTER(S). SPECIAL INTERROGATORY N0. 18: Please describe with particularity all MODIFICATIONS made to the SUBJECT VEHICLE since the date YOU ACQUIRED it. (As used herein, the term “MODIFICATIONS” means the alteration 0r removal of any 0f the SUBJECT VEHICLE’S parts, components, 0r equipment, or the addition of any aftermarket parts, components or equipment, 0r the alteration or attempted alteration of any of the SUBJECT VEHICLE’S software 0r control modules. “MODIFICATIONS” does n_0t include repairs or routine maintenance - e.g., oil changes, tire rotations, etc. - performed by an authorized VWGOA service facility). SPECIAL INTERROGATORY N0. 19: Has the SUBJECT VEHICLE ever been in an ACCIDENT since the date YOU ACQUIRED it? (As used herein, the term “ACCIDENT” means any fire, flood, or collision with another vehicle or any other obj ect that caused damage to the SUBJECT VEHICLE). SPECIAL INTERROGATORY N0. 20: If the SUBJECT VEHICLE has been in an ACCIDENT since the date YOU ACQUIRED the SUBJECT VEHICLE, please DESCRIBE each and every such ACCIDENT. (As used in this -4- VWGOA’S SPECIAL INTERROGATORIES, SET ONE 010-9221-6557/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 interrogatory, the term “DESCRIBE” means t0 provide With particularity the details of the accident, including the date and location - z'.e., address/cross streets and city - 0f the accident, type of accident, location and nature 0f the vehicle damage that resulted from the accident, and identification and explanation 0f any parts replaced or repairs performed on the SUBJECT VEHICLE as a result of the accident). SPECIAL INTERROGATORY N0. 21: Please identify With particularity all aftermarket parts that have been added t0 the SUBJECT VEHICLE since the date YOU ACQUIRED it. SPECIAL INTERROGATORY N0. 22: If any aftermarket parts have been added t0 the SUBJECT VEHICLE since the date YOU ACQUIRED it, please state the date(s) that each such aftermarket part was added. SPECIAL INTERROGATORY N0. 23: If any aftermarket parts have been removed from the SUBJECT VEHICLE since the date YOU ACQUIRED it, please state the date(s) that each such aftermarket part was removed. SPECIAL INTERROGATORY N0. 24: IfYOU d0 not still OWN the SUBJECT VEHICLE, please state With specificity the date that YOU DISPOSED OF it. (As used here, the term “OWN” means to possess pursuant t0 a purchase contract or lease agreement. As used here, the term “DISPOSED OF” means sold, traded, or donated the SUBJECT VEHICLE, 0r surrendered it pursuant to lease termination). SPECIAL INTERROGATORY N0. 25: IfYOU DISPOSED OF the SUBJECT VEHICLE, please state how much (126., financial value/remuneration) YOU received for it. SPECIAL INTERROGATORY N0. 26: Please state With specificity the date on Which YOU contend VWGoA’s obligation to REACQUIRE the SUBJECT VEHICLE pursuant t0 Civil Code section 1793.2(d) first arose. (As used herein, the term “REACQUIRE” means t0 repurchase 0r replace pursuant t0 the terms 0f the Song-Beverly Consumer Warranty Act.) -5- VWGOA’S SPECIAL INTERROGATORIES, SET ONE 010-9221-6557/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SPECIAL INTERROGATORY N0. 27: Please state With specificity the date 0n which YOU contend VWGOA first breached its obligation to REACQUIRE the SUBJECT VEHICLE pursuant to Civil Code section 1793.2(d). SPECIAL INTERROGATORY N0. 28: IfYOU contend that VWGOA breached the implied warranty 0f merchantability applicable t0 the SUBJECT VEHICLE, please state With specificity the date 0n which the breach occurred. SPECIAL INTERROGATORY N0. 29: IfYOU contend that VWGOA breached the implied warranty of fitness for a particular purpose applicable to the SUBJECT VEHICLE, please state with specificity the date 0n which the breach occurred. SPECIAL INTERROGATORY N0. 30: If, prior t0 the date YOU first contacted an attorney about the SUBJECT VEHICLE, YOU received any information by mail referring to the SUBJECT VEHICLE, please IDENTIFY the sender of such information. SPECIAL INTERROGATORY N0. 31: If, prior t0 the date YOU first contacted an attorney about the SUBJECT VEHICLE, YOU received any information by mail referring to California’s “Lemon Law,” please IDENTIFY the sender 0f such information. SPECIAL INTERROGATORY N0. 32: Please state with specificity the date on Which Plaintiff contends VWGOA first violated Civil Code section 1793.2(b). -6- VWGOA’S SPECIAL INTERROGATORIES, SET ONE 010-9221-6557/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 South Flower Sheet, 31st Floor Los Angeles, CA 90071 UIAWN QON 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: June 10, 2021 Squire Patton Boggs (US) LLP Shaun Kim Sean P. Conboy Attorneys for Defendants VOLKSWAGEN GROUP OF AMERICA, INC. and STEVENS CREEK VOLKSWAGEN -7- 01 0-9221-6557/1 /AMER|CAS V WGOA’S SPECIAL INTERROGATORIES, SET ONE SQUIRE PATTON BOGGS (US) LLP 555 South Flower Sheet, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF 0F SERVICE (Pursuant t0 California State Law) The undersigned certifies and declares as follows: I am a resident of the State of California and over 18 years of age and am not a party t0 this action. My business address is 555 South Flower Street, Suite 3100, Los Angeles, CA 90071, Which is located in the county where any non-personal service described below took place. On June 10, 2021, a copy of the following document(s): DEFENDANT VOLKSWAGEN GROUP OF AMERICA, INC.’S SPECIAL INTERROGATORIES PROPOUNDED 0N PLAINTIFF MYLNA T. DELMUNDO, SET ONE was served on: Tionna Dolin, Esq. Attorneysfor Plaintiff STRATEGIC LEGAL PRACTICES MYLNA T. DELMUNDO and A PROFESSIONAL CORPORATION ANGELITO DELMUNDO 1840 Century Park East, Suite 430 Los Angeles, CA 90067 Service was accomplished as follows. E By U.S. Mail, According t0 Normal Business Practices. On the above date, at my place of business at the above address, I sealed the above document(s) in an envelope addressed to the above, and I placed that sealed envelope for collection and mailing following ordinary business practices, for deposit with the U.S. Postal Service. I am readily familiar with the business practice at my place of business for the collection and processing of correspondence for mailing with the U.S. Postal Service. Correspondence so collected and processed is deposited the U.S. Postal Service the same day in the ordinary course of business, postage fully prepaid. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed 0n June 10, 2021, at Los Angeles, California. WWW ’60“ Martha Kalenderian 4401 1 1 .03621 -8- V WGOA’S SPECIAL INTERROGATORIES, SET ONE 010-9221-6557/1/AMERICAS DISC-001 ATI'ORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Sean P. Conboy (SBN 214487); Shaun Kim (SBN 307812) SQUIRE PATTON BOGGS (US) LLP 555 S. Flower Street, 31st Floor Los Angeles, CA 90071 TELEPHONE N0_: 21 3H6242500 FAX No. (Optional).- 21 3.623.4581 EMAIL ADDRESS (optional); sean.conboy@squirepb.com; shaun.kim@squirepb.com m-rORNEYFOR (Name); VOLKSWAGEN GROUP OF AMERICA, INC. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SHORT TITLE OF CASE: Mylna T. Delmundo, et al. v. Volkswagen Group of America, |nc., et al. FORM lNTERROGATORIES-GENERAL Asking Party: Volkswagen Group of America, Inc. Answering Party: Angelito Delmundo Set No.: One CASE NUMBER: 21 CV381404 Sec. 1. Instructions to All Parties (a) Interrogatories are written questions prepared by a party to an action that are sent to any other party in the action to be answered under oath. The interrogatories below are form interrogatories approved for use in civil cases. (b) For time limitations, requirements for service on other parties, and other details, see Code of Civil Procedure sections 2030.010-2030.410 and the cases construing those sections. (c) These form interrogatories do not change existing law relating to interrogatories nor do they affect an answering party’s right to assert any privilege or make any objection. Sec. 2. Instructions to the Asking Party (a) These interrogatories are designed for optional use by parties in unlimited civil cases where the amount demanded exceeds $25,000. Separate interrogatories, Form Interrogatofles-Limited Civil Cases (Economic Litigation) (form DISC-004), which have no subparts, are designed for use in limited civil cases where the amount demanded is $25,000 or less; however, those interrogatories may also be used in unlimited civil cases. (b) Check the box next to each interrogatory that you want the answering party to answer. Use care in choosing those interrogatories that are applicable to the case. (c) You may insert your own definition of INCIDENT in Section 4, but only where the action arises from a course of conduct or a series of events occurring over a period of time. (d) The interrogatories in section 16.0, Defendant's Contentions-Personal Injury, should not be used until the defendant has had a reasonable opponunity to conduct an investigation or discovery of plaintiff‘s injuries and damages. (e) Additional interrogatories may be attached. Sec. 3. Instructions to the Answering Party (a) An answer or other appropriate response must be given to each interrogatory checked by the asking party. (b) As a general rule, within 30 days after you are served with these interrogatories, you must serve your responses on the asking party and serve copies of your responses on all other parties to the action who have appeared. See Code of Civil Procedure sections 2030.260-2030.270 for details. (c) Each answer must be as complete and straightforward as the information reasonably available to you, including the information possessed by your attorneys or agents, permits. If an interrogatory cannot be answered completely, answer it to the extent possible. (d) If you do not have enough personal knowledge to fully answer an interrogatory, say so, but make a reasonable and good faith effort to get the information by asking other persons or organizations, unless the information is equally available to the asking party. (e) Whenever an interrogatory may be answered by referring to a document, the document may be attached as an exhibit to the response and referred to in the response. 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 peljury under the laws of the State of California that the foregoing answers are true and correct. (DA TE) (SIGMA TURE) Sec. 4. Definitions Words in BOLDFACE CAPITALS in these interrogatories are defined as follows: (a) (Check one of the following): X (1) INCIDENT includes the circumstances and events surrounding the alleged accident, injury, or other occurrence or breach of contract giving rise to this action or proceeding. Page 1 of B Form Approved for Optional Use Judicial Council of California DISC-001 [Rev. January 1, 2008] FORM lNTERROGATORIES-GENERAL Code of Civil Procedure, §§ 2030.010-2030.410, 2033.710 www.courtinfo.ca.gov American LegalNet, Inc. www.FormsWorkFlow‘com ._ D (2) INCIDENT means (insert your definition here or on a separate, attached sheet labeled “Sec. 4(a)(2)”): (b) YOU OR ANYONE ACTING ON YOUR BEHALF includes you, your agents, your employees, your insurance companies, their agents, their employees, your attorneys, your accountants, your investigators, and anyone else acting on your behalf. (c) PERSON includes a natural person, firm, association, organization, partnership. business, trust, limited liability company, corporation, or public entity. (d) DOCUMENT means a writing, as defined in Evidence Code section 250, and includes the original or a copy of handwriting, typewriting, printing, photostats, photographs, electronically stored information, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them. (e) HEALTH CARE PROVIDER includes any PERSON referred to in Code of Civil Procedure section 667.7(e)(3). (f) ADDRESS means the street address, including the city, state, and zip code. Sec. 5. Interrogatories The following interrogatories have been approved by the Judicial Council under Code of Civil Procedure section 2033.710: CONTENTS 1.0 Identity of Persons Answering These Interrogatories 2.0 General Background Information-lndividual 3.0 General Background Information-Business Entity 4.0 Insurance 5.0 [Reserved] 6.0 Physical, Mental, or Emotional Injuries 7.0 Property Damage 8.0 Loss of Income or Earning Capacity 9.0 Other Damages 10.0 Medical History 11.0 Other Claims and Previous Claims 12.0 Investigation-General 13.0 |nvestigation-Surveillance 14.0 Statutory or Regulatory Violations 15.0 Denials and Special or Affirmative Defenses 16.0 Defendant’s Contentions Personal Injury 17.0 Responses to Request for Admissions 18.0 [Reserved] 19.0 [Reserved] 20.0 How the Incident Occurred-Motor Vehicle 25.0 [Reserved] 30.0 [Reserved] 40.0 [Reserved] 50.0 Contract 60.0 [Reserved] 70.0 Unlawful Detainer [See separate form DISC-003] 101 .0 Economic Litigation [See separate form DlSC-004] 200.0 Employment Law [See separate form DISC-002] Family Law [See separate form FL-145] DlSC-001 1.0 Identity of Persons Answering These Interrogatories E 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: (a) the state or other issuing entity; (b) the license number and type; (c) the date of issuance; and (d) all restrictions. D 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. DE g 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. E 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. g 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. X 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. X 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 American LegalNet, Inc. www.FormsWorkFlow.com _ D 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 ofthe 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 (g) the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER who prescribed or furnished the substance and the condition for which it was prescribed or furnished. 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 10 years and the dates each was used; (c) 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) 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. 3.3 Are you a limited liability company? If so, state: (a) the name stated in the current articles of organization; (b) all other names used by the company during the past 10 years and the date each was used; (c) the date and place of filing of the articles of organization; (d) the ADDRESS of the principal place of business; and (e) whether you are qualified to do business in California. D 5.0 6.0 E & DlSC-001 3.4 Are you a joint venture? If so, state: (a) the currentjoint venture name; (b) all other names used by thejoint venture during the past 10 years and the dates each was used; (c) the name and ADDRESS of each joint venturer; and (d) the ADDRESS ofthe principal place of business. 3.5 Are you an unincorporated association? If so, state: (a) the current unincorporated association name; (b) all other names used by the unincorporated association during the past 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 10 years? If so, for each fictitious name state: (a) the name; (b) the dates each was used; (c) the state and county of each fictitious name filing; and (d) the ADDRESS ofthe principal place of business. 3.7 Within the past five years has any public entity regis- tered or licensed your business? If so, for each license or registration: (a) identify the license or registration; (b) state the name ofthe public entity; and (c) state the dates of issuance and expiration. 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) the kind of coverage; (b) the name and ADDRESS ofthe insurance company; (c) the name, ADDRESS, and telephone number of each named insured; (d) the policy number; (e) the limits of coverage for each type of coverage con- tained in the policy; (f) whether any reservation of rights or controversy or coverage dispute exists between you and the insurance company; and (g) the name, ADDRESS, and telephone number of the custodian of the policy. 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. [Reserved] Physical, Mental, or Emotional Injuries 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). 6.2 Identify each injury you attribute to the INCIDENT and the area of your body affected. Dlsc-om [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 3 of 6 American LegalNet, Inc. www.FormsWorkFlow.00ma 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. 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, foreach 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. 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. 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. 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. Property Damage 7.1 Do you attribute any loss of or damage to a vehicle or other property to the INCIDENT? If so, for each item of property: (a) describe the property; (b) describe the nature and location of the damage to the property; DlSC-001 (c) state the amount of damage you are claiming for each item of property and how the amount was calculated; and (d) if the property was sold, state the name, ADDRESS, and telephone number of the seller, the date of sale, and the sale price. 7.2 Has a written estimate or evaluation been made for any item of property referred to in your answer to the preceding interrogatory? If so, for each estimate or evaluation state: (a) the name, ADDRESS, and telephone number of the PERSON who prepared it and the date prepared; (b) the name, ADDRESS, and telephone number of each PERSON who has a copy of it; and (c) the amount of damage stated. 7.3 Has any item of property referred to in your answer to interrogatory 7.1 been repaired? If so, for each item state: (a) the date repaired; (b) a description of the repair; (c) the repair cost; (d) the name, ADDRESS, and telephone number of the PERSON who repaired it; (e) the name, ADDRESS, and telephone number of the PERSON who paid for the repair. 8.0 Loss of Income or Earning Capacity fi EEEEfiE 8.1 Do you attribute any loss of income or earning capacity to the INCIDENT? (If your answer is "no,” do not answer interrogatories 8.2 through 8.8). 8.2 State: (a) the nature of your work; (b) yourjob title at the time ofthe INCIDENT; and (c) the date your employment began. 8.3 State the last date before the INCIDENT that you worked for compensation. 8.4 State your monthly income at the time of the INCIDENT and how the amount was calculated. 8.5 State the date you returned to work at each place of employment following the INCIDENT. 8.6 State the dates you did not work and for which you lost income as a result of the INCIDENT. 8.7 State the total income you have lost to date as a result of the INCIDENT and how the amount was calculated. 8.8 Will you lose income in the future as a result of the INCIDENT? If so, state: (a) the facts upon which you base this contention; (b) an estimate of the amount; (c) an estimate of how long you will be unable to work; and (d) how the claim for future income is calculated. DlSC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 4 of 8 American LegalNet, Inc. www.FormsWorkFlow.00me 9.0 Other Damages X 9.1 Are there any other damages that you attribute to the INCIDENT? If so, for each item of damage state: (a) the nature; (b) the date it occurred; (c) the amount; and (d) the name, ADDRESS, and telephone number of each PERSON to whom an obligation was incurred. E 9.2 Do any DOCUMENTS support the existence or amount of any item of damages claimed in interrogatory 9.1? If so, describe each document and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 10.0 Medical History D 10.1 At any time before the INCIDENT did you have com- plaints or injuries that involved the same part of your body claimed to have been injured in the INCIDENT? If so, for each state: (a) a description ofthe complaint or injury; (b) the dates it began and ended; and (c) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER whom you consulted or who examined or treated you. D 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.) D 10.3 At any time after the INCIDENT, did you sustain injuries of the kind for which you are now claiming damages? If so, for each incident giving rise to an injury state: (a) the date and the place it occurred; (b) the name, ADDRESS, and telephone number of any other PERSON involved; (c) the nature of any injuries you sustained; (d) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER who you consulted or who examined or treated you; and (e) the nature 0f the treatment and its duration. 11.0 Other Claims and Previous Claims D 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 ADDRESS or intersection) of the INCIDENT giving rise to the action, claim, or demand; (b) the name, ADDRESS, and telephone number of each PERSON against whom the claim or demand was made or the action filed; DISC-001 (c) the court, names of the parties, and case number of any action filed; (d) the name, ADDRESS, and telephone number of any attorney representing you; (e) whether the claim or action has been resolved or is pending; and (f) a description of the injury. 11.2 In the past 10 years have you made a written claim or demand for workers' compensation benefits? If so, for each claim or demand state: (a) the date, time, and place of the INCIDENT giving rise to the claim; (b) the name, ADDRESS, and telephone number of your employer at the time of the injury; (c) the name, ADDRESS, and telephone number of the workers’ compensation insurer and the claim number; (d) the period of time during which you received workers’ compensation benefits; (e) a description of the injury; (f) the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER who provided services; and (g) the case number at the Workers’ Compensation Appeals Board. 12.0 lnvestigation-General D 12.1 State the name, ADDRESS, and telephone number of each individual: (a) who witnessed the INCIDENT or the events occurring immediately before or after the INCIDENT; (b) who made any statement at the scene of the INCIDENT; (c) who heard any statements made about the INCIDENT by any individual at the scene; and (d) who YOU 0R ANYONE ACTING ON YOUR BEHALF claim has knowledge of the INCIDENT (except for expert witnesses covered by Code of Civil Procedure section 2034). 12.2 Have YOU OR ANYONE ACTING ON YOUR BEHALF interviewed any individual concerning the INCIDENT? If so, for each individual state: (a) the name, ADDRESS, and telephone number of the individual interviewed; (b) the date ofthe interview; and (c) the name, ADDRESS, and telephone number of the 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 individual from whom the statement was obtained; (b) the name, ADDRESS, and telephone number of the individual who obtained the statement; (c) the date the statement was obtained; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original statement or a copy. Dlsc-oo1 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 5 of s American LegalNet, Inc. www,FormsWorkFlow.com _ D 12.4 Do YOU OR ANYONE ACTING 0N 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 offilm 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 ON YOUR BEHALF know of any diagram, reproduction, or model of any place or thing (except for items developed by expert witnesses covered by Code of Civil Procedure sections 2034.210- 2034.310) concerning the INCIDENT? If so, for each item state: (a) the type (i.e., diagram, reproduction, or model); (b) the subject matter; and (c) the name, ADDRESS, and telephone number of each PERSON who has it. 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 OR ANYONE ACTING ON YOUR BEHALF inspected the scene of the INCIDENT? If so, for each inspection state: (a) the name, ADDRESS, and telephone number of the individual making the inspection (except for expert witnesses covered by Code of Civil Procedure sections 2034.210-2034.310); and (b) the date of the inspection. 13.0 Investigation-Surveillance D 13.1 Have YOU 0R ANYONE ACTING ON YOUR BEHALF conducted surveillance of any individual involved in the INCIDENT or any party to this action? If so, for each sur- veillance state: (a) the name, ADDRESS, and telephone number of the individual or party; (b) the time, date, and place ofthe 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. DlSC-001 D 13.2 Has a written report been prepared on the surveillance? If so, for each written report state: (a) thetitle; (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 g 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. g 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 ofthe parties, and case number. 15.0 Denials and Special or Affirmative Defenses D 15.1 Identify each denial of a material allegation and each special or affirmative defense in your pleadings and for each: (a) state all facts upon which you base the denial or special or affirmative defense; (b) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (c) identify all DOCUMENTS and other tangible things that support your denial or special or affirmative defense, and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 16.0 Defendant’s Contentions-Personal Injury D 16.1 Do you contend that any PERSON, other than you or plaintiff, contributed to the occurrence of the INCIDENT orthe 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 ofthe 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. D 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. DlSC-OO1 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page e or s American LegalNet, Inc. www.FormsWorkFlow.com _ D 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) identifyit; (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, DlSC-001 D 16.8 Do you contend that any of the costs of repairing the property damage claimed by plaintiff in discovery proceedings thus far in this case were unreasonable? If so: (a) identify each cost item; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. 16.9 Do YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT (for example, insurance bureau index reports) concerning claims for personal injuries made before or after the INCIDENT by a plaintiff in this case? If so, for each plaintiff state: (a) the source of each DOCUMENT; b) the date each claim arose;( (c) the nature of each claim; and (d) the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 16.10 Do YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT concerning the past or present physical, mental, or emotional condition of any plaintiff in this case from a HEALTH CARE PROVIDER not previously identified (except for expert witnesses covered by Code of Civil Procedure sections 2034.210-2034.310)? If so, for each plaintiff state: (a) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER; (b) a description of each DOCUMENT; and (c) the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 17.0 Responses to Request for Admissions g 17.1 ls your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: (a) state the number of the request; (b) state all facts upon which you base your response; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (d) identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. 18.0 [Reserved] 19.0 [Reserved] 20.0 How the Incident Occurred-Motor Vehicle D 20.1 State the date, time, and place ofthe INCIDENT (closest street ADDRESS or intersection). D 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 and telephone number of the PERSON who has each driver; DOCUMENT or thing. Dlsc-oo1 [Rev.January1,2008] FORM INTERROGATORIES-GENERAL Page7ofs American LegalNet, Inc. www,F01msWorkFlow.com D D (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 of the 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) your location when you first saw it; (b) the color; (c) the number of seconds it had been that color; and (d) whether the color changed between the time you first saw it and the INCIDENT. 20.8 State how the INCIDENT occurred, giving the speed, direction, and location of each vehicle involved: (a)just before the INCIDENT; (b) at the time of the INCIDENT; and (c) just after the INCIDENT. 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 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 D D 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; (c) identify all DOCUMENTS that evidence any part of the agreement not in writing and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT; 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; (f) identify all DOCUMENTS that evidence any modification of the agreement not in writing and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT. (b) (d) (e) 50.2 Was there a breach of any agreement alleged in the pleadings? If so, for each breach describe and give the date of every act or omission that you claim is the breach of the agreement. 50.3 Was performance of any agreement alleged in the pleadings excused? If so, identify each agreement excused and state why performance was excused. 50.4 Was any agreement alleged in the pleadings terminated by mutual agreement, release, accord and satisfaction, or novation? If so, identify each agreement terminated, the date of termination, and the basis of the termination. 50.5 Is any agreement alleged in the pleadings unenforce- able? If so, identify each unenforceable agreement and state why it is unenforceable. 50.6 Is any agreement alleged in the pleadings ambiguous? If so, identify each ambiguous agreement and state why it is ambiguous. 60.0 [Reserved] DlSC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 8 of 8 American LegalNet, Inc. www,FormsWorkFlow‘come SQUIRE PATTON BOGGS (US) LLP 555 South Flower Sheet, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF 0F SERVICE (Pursuant t0 California State Law) The undersigned certifies and declares as follows: I am a resident of the State of California and over 18 years of age and am not a party t0 this action. My business address is 555 South Flower Street, Suite 3100, Los Angeles, CA 90071, Which is located in the county where any non-personal service described below took place. On June 10, 2021, a copy of the following document(s): DEFENDANT VOLKSWAGEN GROUP OF AMERICA, INC.’S FORM INTERROGATORIES - GENERAL, SET ONE was served on: Tionna Dolin, Esq. Attorneysfor Plaintiff STRATEGIC LEGAL PRACTICES MYLNA T. DELMUNDO and A PROFESSIONAL CORPORATION ANGELITO DELMUNDO 1840 Century Park East, Suite 430 Los Angeles, CA 90067 Service was accomplished as follows. E By U.S. Mail, According to Normal Business Practices. On the above date, at my place of business at the above address, I sealed the above document(s) in an envelope addressed to the above, and I placed that sealed envelope for collection and mailing following ordinary business practices, for deposit With the U.S. Postal Service. I am readily familiar with the business practice at my place of business for the collection and processing 0f correspondence for mailing with the U.S. Postal Service. Correspondence s0 collected and processed is deposited the U.S. Postal Service the same day in the ordinary course 0f business, postage fully prepaid. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on June 10, 2021, at Los Angeles, California. quKo-a- Martha Kalenderian 4401 1 1 .0362] 01 0-9221-6678/1 /AMER|CAS DISC-001 ATI'ORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Sean P. Conboy (SBN 214487); Shaun Kim (SBN 307812) SQUIRE PATTON BOGGS (US) LLP 555 S. Flower Street, 31st Floor Los Angeles, CA 90071 TELEPHONE N0_: 21 3H6242500 FAX No. (Optional).- 21 3.623.4581 EMAIL ADDRESS (optional); sean.conboy@squirepb.com; shaun.kim@squirepb.com m-rORNEYFOR (Name); VOLKSWAGEN GROUP OF AMERICA, INC. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA SHORT TITLE OF CASE: Mylna T. Delmundo, et al. v. Volkswagen Group of America, |nc., et al. FORM lNTERROGATORIES-GENERAL Asking Party: Volkswagen Group of America, Inc. Answering Party: Mylna T. Delmundo Set No.: One CASE NUMBER: 21 CV381404 Sec. 1. Instructions to All Parties (a) Interrogatories are written questions prepared by a party to an action that are sent to any other party in the action to be answered under oath. The interrogatories below are form interrogatories approved for use in civil cases. (b) For time limitations, requirements for service on other parties, and other details, see Code of Civil Procedure sections 2030.010-2030.41O 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. (b) Check the box next to each interrogatory that you want the answering party to answer. Use care in choosing those interrogatories that are applicable to the case. (c) You may insert your own definition of INCIDENT in Section 4, but only where the action arises from a course of conduct or a series of events occurring over a period of time. (d) The interrogatories in section 16.0, Defendant’s Contentions-Personal Injury, should not be used until the defendant has had a reasonable opportunity to conduct an investigation or discovery of plaintiff’s injuries and damages. (e) Additional interrogatories may be attached. Sec. 3. Instructions to the Answering Party (a) An answer or other appropriate response must be given to each interrogatory checked by the asking party. (b) As a general rule, within 30 days after you are served with these interrogatories, you must serve your responses on the asking party and serve copies of your responses on all other parties to the action who have appeared. See Code of Civil Procedure sections 2030.260-2030.270 for details. (c) Each answer must be as complete and straightforward as the information reasonably available to you, including the information possessed by your attorneys or agents, permits. If an interrogatory cannot be answered completely, answer it to the extent possible. (d) If you do not have enough personal knowledge to fully answer an interrogatory, say so, but make a reasonable and good faith effort to get the information by asking other persons or organizations, unless the information is equally available to the asking party. (e) Whenever an interrogatory may be answered by referring to a document, the document may be attached as an exhibit to the response and referred to in the response. 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. (DA TE) (SIGMA TURE) Sec. 4. Definitions Words in BOLDFACE CAPITALS in these interrogatories are defined as follows: (a) (Check one of the following): X (1) INCIDENT includes the circumstances and events surrounding the alleged accident, injury, or other occurrence or breach of contract giving rise to this action or proceeding. Page 1 of 8 Form Approved for Optional Use Judicial Council of California DISC-001 [Rev. January 1, 2008] FORM lNTERROGATORIES-GENERAL Code of Civil Procedure, §§ 2030.010-2030.410, 2033.710 www.courtinfo.ca.gov American LegalNet, Inc. www.FormsWorkFlow‘com ._ D (2) INCIDENT means (insert your definition here or on a separate, attached sheet labeled “Sec. 4(a)(2)”): (b) YOU OR ANYONE ACTING ON YOUR BEHALF includes you, your agents, your employees, your insurance companies, their agents, their employees, your attorneys, your accountants, your investigators, and anyone else acting on your behalf. (c) PERSON includes a natural person, firm, association, organization, partnership. business, trust, limited liability company, corporation, or public entity. (d) DOCUMENT means a writing, as defined in Evidence Code section 250, and includes the original or a copy of handwriting, typewriting, printing, photostats, photographs, electronically stored information, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them. (e) HEALTH CARE PROVIDER includes any PERSON referred to in Code of Civil Procedure section 667.7(e)(3). (f) ADDRESS means the street address, including the city, state, and zip code. Sec. 5. Interrogatories The following interrogatories have been approved by the Judicial Council under Code of Civil Procedure section 2033.710: CONTENTS 1.0 Identity of Persons Answering These Interrogatories 2.0 General Background Information-lndividual 3.0 General Background Information-Business Entity 4.0 Insurance 5.0 [Reserved] 6.0 Physical, Mental, or Emotional Injuries 7.0 Property Damage 8.0 Loss of Income or Earning Capacity 9.0 Other Damages 10.0 Medical History 11.0 Other Claims and Previous Claims 12.0 Investigation-General 13.0 |nvestigation-Surveillance 14.0 Statutory or Regulatory Violations 15.0 Denials and Special or Affirmative Defenses 16.0 Defendant’s Contentions Personal Injury 17.0 Responses to Request for Admissions 18.0 [Reserved] 19.0 [Reserved] 20.0 How the Incident Occurred-Motor Vehicle 25.0 [Reserved] 30.0 [Reserved] 40.0 [Reserved] 50.0 Contract 60.0 [Reserved] 70.0 Unlawful Detainer [See separate form DISC-003] 101 .0 Economic Litigation [See separate form DlSC-004] 200.0 Employment Law [See separate form DISC-002] Family Law [See separate form FL-145] DlSC-001 1.0 Identity of Persons Answering These Interrogatories E 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: (a) the state or other issuing entity; (b) the license number and type; (c) the date of issuance; and (d) all restrictions. D 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. DE g 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. E 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. g 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. X 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. X 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 American LegalNet, Inc. www.FormsWorkFlow.com _ D 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 ofthe 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 (g) the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER who prescribed or furnished the substance and the condition for which it was prescribed or furnished. 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 10 years and the dates each was used; (c) 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) 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. 3.3 Are you a limited liability company? If so, state: (a) the name stated in the current articles of organization; (b) all other names used by the company during the past 10 years and the date each was used; (c) the date and place of filing of the articles of organization; (d) the ADDRESS of the principal place of business; and (e) whether you are qualified to do business in California. D 5.0 6.0 E & DlSC-001 3.4 Are you a joint venture? If so, state: (a) the currentjoint venture name; (b) all other names used by thejoint venture during the past 10 years and the dates each was used; (c) the name and ADDRESS of each joint venturer; and (d) the ADDRESS ofthe principal place of business. 3.5 Are you an unincorporated association? If so, state: (a) the current unincorporated association name; (b) all other names used by the unincorporated association during the past 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 10 years? If so, for each fictitious name state: (a) the name; (b) the dates each was used; (c) the state and county of each fictitious name filing; and (d) the ADDRESS ofthe principal place of business. 3.7 Within the past five years has any public entity regis- tered or licensed your business? If so, for each license or registration: (a) identify the license or registration; (b) state the name ofthe public entity; and (c) state the dates of issuance and expiration. 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) the kind of coverage; (b) the name and ADDRESS ofthe insurance company; (c) the name, ADDRESS, and telephone number of each named insured; (d) the policy number; (e) the limits of coverage for each type of coverage con- tained in the policy; (f) whether any reservation of rights or controversy or coverage dispute exists between you and the insurance company; and (g) the name, ADDRESS, and telephone number of the custodian of the policy. 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. [Reserved] Physical, Mental, or Emotional Injuries 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). 6.2 Identify each injury you attribute to the INCIDENT and the area of your body affected. Dlsc-om [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 3 of 6 American LegalNet, Inc. www.FormsWorkFlow.00ma 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. 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, foreach 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. 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. 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. 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. Property Damage 7.1 Do you attribute any loss of or damage to a vehicle or other property to the INCIDENT? If so, for each item of property: (a) describe the property; (b) describe the nature and location of the damage to the property; DlSC-001 (c) state the amount of damage you are claiming for each item of property and how the amount was calculated; and (d) if the property was sold, state the name, ADDRESS, and telephone number of the seller, the date of sale, and the sale price. 7.2 Has a written estimate or evaluation been made for any item of property referred to in your answer to the preceding interrogatory? If so, for each estimate or evaluation state: (a) the name, ADDRESS, and telephone number of the PERSON who prepared it and the date prepared; (b) the name, ADDRESS, and telephone number of each PERSON who has a copy of it; and (c) the amount of damage stated. 7.3 Has any item of property referred to in your answer to interrogatory 7.1 been repaired? If so, for each item state: (a) the date repaired; (b) a description of the repair; (c) the repair cost; (d) the name, ADDRESS, and telephone number of the PERSON who repaired it; (e) the name, ADDRESS, and telephone number of the PERSON who paid for the repair. 8.0 Loss of Income or Earning Capacity fi EEEEfiE 8.1 Do you attribute any loss of income or earning capacity to the INCIDENT? (If your answer is "no,” do not answer interrogatories 8.2 through 8.8). 8.2 State: (a) the nature of your work; (b) yourjob title at the time ofthe INCIDENT; and (c) the date your employment began. 8.3 State the last date before the INCIDENT that you worked for compensation. 8.4 State your monthly income at the time of the INCIDENT and how the amount was calculated. 8.5 State the date you returned to work at each place of employment following the INCIDENT. 8.6 State the dates you did not work and for which you lost income as a result of the INCIDENT. 8.7 State the total income you have lost to date as a result of the INCIDENT and how the amount was calculated. 8.8 Will you lose income in the future as a result of the INCIDENT? If so, state: (a) the facts upon which you base this contention; (b) an estimate of the amount; (c) an estimate of how long you will be unable to work; and (d) how the claim for future income is calculated. DlSC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 4 of 8 American LegalNet, Inc. www.FormsWorkFlow.00me 9.0 Other Damages X 9.1 Are there any other damages that you attribute to the INCIDENT? If so, for each item of damage state: (a) the nature; (b) the date it occurred; (c) the amount; and (d) the name, ADDRESS, and telephone number of each PERSON to whom an obligation was incurred. E 9.2 Do any DOCUMENTS support the existence or amount of any item of damages claimed in interrogatory 9.1? If so, describe each document and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 10.0 Medical History D 10.1 At any time before the INCIDENT did you have com- plaints or injuries that involved the same part of your body claimed to have been injured in the INCIDENT? If so, for each state: (a) a description ofthe complaint or injury; (b) the dates it began and ended; and (c) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER whom you consulted or who examined or treated you. D 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.) D 10.3 At any time after the INCIDENT, did you sustain injuries of the kind for which you are now claiming damages? If so, for each incident giving rise to an injury state: (a) the date and the place it occurred; (b) the name, ADDRESS, and telephone number of any other PERSON involved; (c) the nature of any injuries you sustained; (d) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER who you consulted or who examined or treated you; and (e) the nature 0f the treatment and its duration. 11.0 Other Claims and Previous Claims D 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 ADDRESS or intersection) of the INCIDENT giving rise to the action, claim, or demand; (b) the name, ADDRESS, and telephone number of each PERSON against whom the claim or demand was made or the action filed; DISC-001 (c) the court, names of the parties, and case number of any action filed; (d) the name, ADDRESS, and telephone number of any attorney representing you; (e) whether the claim or action has been resolved or is pending; and (f) a description of the injury. 11.2 In the past 10 years have you made a written claim or demand for workers' compensation benefits? If so, for each claim or demand state: (a) the date, time, and place of the INCIDENT giving rise to the claim; (b) the name, ADDRESS, and telephone number of your employer at the time of the injury; (c) the name, ADDRESS, and telephone number of the workers’ compensation insurer and the claim number; (d) the period of time during which you received workers’ compensation benefits; (e) a description of the injury; (f) the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER who provided services; and (g) the case number at the Workers’ Compensation Appeals Board. 12.0 lnvestigation-General D 12.1 State the name, ADDRESS, and telephone number of each individual: (a) who witnessed the INCIDENT or the events occurring immediately before or after the INCIDENT; (b) who made any statement at the scene of the INCIDENT; (c) who heard any statements made about the INCIDENT by any individual at the scene; and (d) who YOU 0R ANYONE ACTING ON YOUR BEHALF claim has knowledge of the INCIDENT (except for expert witnesses covered by Code of Civil Procedure section 2034). 12.2 Have YOU OR ANYONE ACTING ON YOUR BEHALF interviewed any individual concerning the INCIDENT? If so, for each individual state: (a) the name, ADDRESS, and telephone number of the individual interviewed; (b) the date ofthe interview; and (c) the name, ADDRESS, and telephone number of the 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 individual from whom the statement was obtained; (b) the name, ADDRESS, and telephone number of the individual who obtained the statement; (c) the date the statement was obtained; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original statement or a copy. Dlsc-oo1 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 5 of s American LegalNet, Inc. www,FormsWorkFlow.com _ D 12.4 Do YOU OR ANYONE ACTING 0N 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 offilm 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 ON YOUR BEHALF know of any diagram, reproduction, or model of any place or thing (except for items developed by expert witnesses covered by Code of Civil Procedure sections 2034.210- 2034.310) concerning the INCIDENT? If so, for each item state: (a) the type (i.e., diagram, reproduction, or model); (b) the subject matter; and (c) the name, ADDRESS, and telephone number of each PERSON who has it. 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 OR ANYONE ACTING ON YOUR BEHALF inspected the scene of the INCIDENT? If so, for each inspection state: (a) the name, ADDRESS, and telephone number of the individual making the inspection (except for expert witnesses covered by Code of Civil Procedure sections 2034.210-2034.310); and (b) the date of the inspection. 13.0 Investigation-Surveillance D 13.1 Have YOU 0R ANYONE ACTING ON YOUR BEHALF conducted surveillance of any individual involved in the INCIDENT or any party to this action? If so, for each sur- veillance state: (a) the name, ADDRESS, and telephone number of the individual or party; (b) the time, date, and place ofthe 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. DlSC-001 D 13.2 Has a written report been prepared on the surveillance? If so, for each written report state: (a) thetitle; (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 g 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. g 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 ofthe parties, and case number. 15.0 Denials and Special or Affirmative Defenses D 15.1 Identify each denial of a material allegation and each special or affirmative defense in your pleadings and for each: (a) state all facts upon which you base the denial or special or affirmative defense; (b) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (c) identify all DOCUMENTS and other tangible things that support your denial or special or affirmative defense, and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 16.0 Defendant’s Contentions-Personal Injury D 16.1 Do you contend that any PERSON, other than you or plaintiff, contributed to the occurrence of the INCIDENT orthe 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 ofthe 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. D 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. DlSC-OO1 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page e or s American LegalNet, Inc. www.FormsWorkFlow.com _ D 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) identifyit; (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, DlSC-001 D 16.8 Do you contend that any of the costs of repairing the property damage claimed by plaintiff in discovery proceedings thus far in this case were unreasonable? If so: (a) identify each cost item; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. 16.9 Do YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT (for example, insurance bureau index reports) concerning claims for personal injuries made before or after the INCIDENT by a plaintiff in this case? If so, for each plaintiff state: (a) the source of each DOCUMENT; b) the date each claim arose;( (c) the nature of each claim; and (d) the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 16.10 Do YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT concerning the past or present physical, mental, or emotional condition of any plaintiff in this case from a HEALTH CARE PROVIDER not previously identified (except for expert witnesses covered by Code of Civil Procedure sections 2034.210-2034.310)? If so, for each plaintiff state: (a) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER; (b) a description of each DOCUMENT; and (c) the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 17.0 Responses to Request for Admissions g 17.1 ls your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: (a) state the number of the request; (b) state all facts upon which you base your response; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (d) identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. 18.0 [Reserved] 19.0 [Reserved] 20.0 How the Incident Occurred-Motor Vehicle D 20.1 State the date, time, and place ofthe INCIDENT (closest street ADDRESS or intersection). D 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 and telephone number of the PERSON who has each driver; DOCUMENT or thing. Dlsc-oo1 [Rev.January1,2008] FORM INTERROGATORIES-GENERAL Page7ofs American LegalNet, Inc. www,F01msWorkFlow.com D D (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 of the 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) your location when you first saw it; (b) the color; (c) the number of seconds it had been that color; and (d) whether the color changed between the time you first saw it and the INCIDENT. 20.8 State how the INCIDENT occurred, giving the speed, direction, and location of each vehicle involved: (a)just before the INCIDENT; (b) at the time of the INCIDENT; and (c) just after the INCIDENT. 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 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 D D 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; (c) identify all DOCUMENTS that evidence any part of the agreement not in writing and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT; 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; (f) identify all DOCUMENTS that evidence any modification of the agreement not in writing and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT. (b) (d) (e) 50.2 Was there a breach of any agreement alleged in the pleadings? If so, for each breach describe and give the date of every act or omission that you claim is the breach of the agreement. 50.3 Was performance of any agreement alleged in the pleadings excused? If so, identify each agreement excused and state why performance was excused. 50.4 Was any agreement alleged in the pleadings terminated by mutual agreement, release, accord and satisfaction, or novation? If so, identify each agreement terminated, the date of termination, and the basis of the termination. 50.5 Is any agreement alleged in the pleadings unenforce- able? If so, identify each unenforceable agreement and state why it is unenforceable. 50.6 Is any agreement alleged in the pleadings ambiguous? If so, identify each ambiguous agreement and state why it is ambiguous. 60.0 [Reserved] DlSC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-GENERAL Page 8 of 8 American LegalNet, Inc. www,FormsWorkFlow‘come SQUIRE PATTON BOGGS (US) LLP 555 South Flower Sheet, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF 0F SERVICE (Pursuant t0 California State Law) The undersigned certifies and declares as follows: I am a resident of the State of California and over 18 years of age and am not a party t0 this action. My business address is 555 South Flower Street, Suite 3100, Los Angeles, CA 90071, Which is located in the county where any non-personal service described below took place. On June 10, 2021, a copy of the following document(s): DEFENDANT VOLKSWAGEN GROUP OF AMERICA, INC.’S FORM INTERROGATORIES - GENERAL, SET ONE was served on: Tionna Dolin, Esq. Attorneysfor Plaintiff STRATEGIC LEGAL PRACTICES MYLNA T. DELMUNDO and A PROFESSIONAL CORPORATION ANGELITO DELMUNDO 1840 Century Park East, Suite 430 Los Angeles, CA 90067 Service was accomplished as follows. E By U.S. Mail, According to Normal Business Practices. On the above date, at my place of business at the above address, I sealed the above document(s) in an envelope addressed to the above, and I placed that sealed envelope for collection and mailing following ordinary business practices, for deposit With the U.S. Postal Service. I am readily familiar with the business practice at my place of business for the collection and processing 0f correspondence for mailing with the U.S. Postal Service. Correspondence s0 collected and processed is deposited the U.S. Postal Service the same day in the ordinary course 0f business, postage fully prepaid. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on June 10, 2021, at Los Angeles, California. quKo-a- Martha Kalenderian 4401 1 1 .0362] 01 0-9221-6678/1 /AMER|CAS SQUIRE PATTON BOGGS (US) LLP 555 S. Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Squire Patton Boggs (US) LLP Sean P. Conboy (State Bar No. 214487) sean.conb0y@squirepb.com Shaun Kim (State Bar N0. 307812) shaun.kim@squirepb.com 555 South Flower Street, 3lst Floor Los Angeles, CA 90071 Telephone: +1 213.624.2500 Facsimile: +1 213.623.4581 Attorneys for Defendants VOLKSWAGEN GROUP OF AMERICA, INC. and STEVENS CREEK VOLKSWAGEN SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA MYLNA T. DELMUNDO and ANGELITO Case No. 21CV38 1404 DELMUNDO, DEFENDANT VOLKSWAGEN GROUP 0F Plaintiffs, AMERICA, INC.’S REQUEST FOR ADMISSIONS PROPOUNDED 0N PLAINTIFF V. ANGELITO DELMUNDO, SET ONE VOLKSWAGEN GROUP OF AMERICA, INC; STEVENS CREEK VOLKSWAGEN; and DOES 1 through 10, inclusive, Defendants. REQUESTING PARTY: VOLKSWAGEN GROUP OF AMERICA, INC. RESPONDING PARTY: ANGELITO DELMUNDO SET NO.: ONE Pursuant t0 Code of Civil Procedure section 2033.010 et seq., Volkswagen Group of America, Inc. (“VWGOA”) hereby requests that the responding party admit, in writing and under oath, the following: REQUEST FOR ADMISSION N0. 1: Admit that VWGOA did not Violate any Section 0f the Song-Beverly Consumer Warranty Act (CiV. Code § 1790 et seq.) With respect to the SUBJECT VEHICLE. (As used herein, the term “SUBJECT VEHICLE” means the 2018 Volkswagen Tiguan, VIN #2 -1- VWGOA’S REQUEST FOR ADMISSIONS - SET ONE 010-9221-9536/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 S. Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3VV1B7AXXJM029881 automobile referenced in Plaintiffs” Complaint). REQUEST FOR ADMISSION N0. 2: Admit that VWGOA did not intentionally Violate any Section of the Song-Beverly Consumer Warranty Act (CiV. Code § 1790 et seq.) With respect t0 the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 3: Admit that VWGOA did not breach any express warranty issued by VWGOA 0n the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 4: Admit that VWGOA did not breach any implied warranty on the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 5: Admit that SUBJECT VEHICLE does not contain a NONCONFORMITY. (As used herein, the term “NONCONFORMITY” 0r “NONCONFORMITIES” means defect(s) 0r n0nconf0rmity(ies) as defined by Civil Code § 1793.22(e)(1)). REQUEST FOR ADMISSION N0. 6: Admit that there was no NONCONFORMITY with the SUBJECT VEHICLE that was caused by a defect in Volkswagen materials. REQUEST FOR ADMISSION N0. 7: Admit that there was no NONCONFORMITY with the SUBJECT VEHICLE that was caused by a defect in Volkswagen workmanship. REQUEST FOR ADMISSION N0. 8: Admit that the SUBJECT VEHICLE was conformed to the applicable express warranty issued by VWGOA Within a reasonable number of repair attempts. REQUEST FOR ADMISSION N0. 9: Admit that there was no NONCONFORMITY with the SUBJECT VEHICLE that has been subj ect t0 more than one repair attempt since the since date 0f delivery 0f the SUBJECT VEHICLE t0 Plaintiffs. -2- VWGOA’S REQUEST FOR ADMISSIONS - SET ONE 010-9221-9536/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 S. Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSION N0. 10: Admit that YOUR use of the SUBJECT VEHICLE has not been substantially impaired by any NONCONFORMITY with the SUBJECT VEHICLE. (As used herein, the terms “YOU” and “YOUR” mean the PlaintiffWho signed the verification in response to these requests.) REQUEST FOR ADMISSION N0. 11: Admit that the value (to YOU) 0f the SUBJECT VEHICLE has not been substantially impaired by any NONCONFORMITY with the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 12: Admit that the safety (t0 YOU) of the SUBJECT VEHICLE has not been substantially impaired by any NONCONFORMITY with the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 13: Admit that, within the statutory presumption period (as defined by Civil Code § 1793.22(b)), the SUBJECT VEHICLE did not have a NONCONFORMITY that resulted in a condition that is likely to cause death or serious bodily injury if the vehicle is driven. REQUEST FOR ADMISSION N0. 14: Admit that, Within the statutory presumption period (as defined by Civil Code § 1793.22(b)), the SUBJECT VEHICLE did not have a NONCONFORMITY that was subj ect t0 repair four or more times by VWGOA or its authorized repair facility. REQUEST FOR ADMISSION N0. 15: Admit that, Within the statutory presumption period (as defined by Civil Code § 1793.22(b)), the SUBJECT VEHICLE was not out 0f service by reason 0f repair of NONCONFORMITIES by VWGOA 0r its authorized repair facilities for a cumulative total of more than 3O calendar days since delivery of the SUBJECT VEHICLE t0 Plaintiffs. REQUEST FOR ADMISSION N0. 16: Admit that the alleged NONCONFORMITY with the SUBJECT VEHICLE was caused by misuse. -3- VWGOA’S REQUEST FOR ADMISSIONS - SET ONE 010-9221-9536/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 S. Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSION N0. 17: Admit that the alleged NONCONFORMITY with the SUBJECT VEHICLE was caused by improper MAINTENANCE. (As used herein, the term “MAINTENANCE” means routine scheduled maintenance such as oil and filter changes, tire rotations, etc). REQUEST FOR ADMISSION N0. 18: Admit that the alleged NONCONFORMITY with the SUBJECT VEHICLE was caused by MODIFICATION t0 the SUBJECT VEHICLE. (As used herein, the term “MODIFICATION” means the installation 0f any non-genuine Volkswagen part, the alteration 0f any software or control module, 0r any other alteration that is excluded by 0r not covered by the VWGOA express written limited warranty applicable t0 the SUBJECT VEHICLE). REQUEST FOR ADMISSION N0. 19: Admit that the alleged NONCONFORMITY with the SUBJECT VEHICLE was caused by ACCIDENT damage. (As used herein, the term “ACCIDENT” means any fire, flood, vandalism, or collision With another vehicle 0r obj ect that caused damage t0 the SUBJECT VEHICLE). REQUEST FOR ADMISSION N0. 20: Admit that, prior to the date YOU filed the Complaint in the above-captioned action, YOU did not resort to (i.e., did not participate in) VWGOA’S third-party dispute resolution process, the BBB Auto Line program, described in the VWGOA express written limited warranty applicable t0 the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 21: Admit that the first time YOU ever contacted VWGOA directly regarding the SUBJECT VEHICLE was after YOU received from an attorney a written ADVERTISEMENT referring to California’s lemon law. (As used herein, the term “ADVERTISEMENT” means unsolicited brochure, letter, flyer, solicitation, letter, advertisement, 0r newsletter.) REQUEST FOR ADMISSION N0. 22: Admit that, prior to the date YOU filed the Complaint in the above-captioned action, YOU never asked VWGOA to repurchase the SUBJECT VEHICLE. -4- VWGOA’S REQUEST FOR ADMISSIONS - SET ONE 010-9221-9536/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 S. Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSION N0. 23: Admit that, prior to the date YOU filed the Complaint in the above-captioned action, YOU never asked VWGOA to replace the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 24: Admit that, prior to the date YOU filed the Complaint in the above-captioned action, YOU sold the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 25: Admit that, after the date YOU filed the Complaint in the above-captioned action, YOU sold the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 26: Admit that, prior to the date YOU filed the Complaint in the above-captioned action, the SUBJECT VEHICLE was traded in toward the acquisition 0f another vehicle. REQUEST FOR ADMISSION N0. 27: Admit that, after the date YOU filed the Complaint in the above-captioned action, the SUBJECT VEHICLE was traded in toward the acquisition 0f another vehicle. REQUEST FOR ADMISSION N0. 28: Admit that, prior to the date YOU filed the Complaint in the above-captioned action, Plaintiff disposed of the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 29: Admit that, after the date YOU filed the Complaint in the above-captioned action, Plaintiff disposed 0f the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 30: Amit that Plaintiff is n0 longer in possession of the SUBJECT VEHICLE. REQUEST FOR ADMISSION N0. 31: Admit that YOU did not purchase the SUBJECT VEHICLE from VWGOA. REQUEST FOR ADMISSION N0. 32: Admit that YOU did not lease the SUBJECT VEHICLE from VWGoA. -5- VWGOA’S REQUEST FOR ADMISSIONS - SET ONE 010-9221-9536/1/AMERICAS SQUIRE PATTON BOGGS (US) LLP 555 S. Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: June 10, 2021 Squire Patton Boggs (US) LLP Shaun Kim Sean P. Conboy Attorneys for Defendants VOLKSWAGEN GROUP OF AMERICA, INC. and STEVENS CREEK VOLKSWAGEN -6- 01 0-9221-9536/1 /AMER|CAS VWGoA’s REQUEST FOR ADMISSIONS - SET ONE SQUIRE PATTON BOGGS (US) LLP 555 S. Flower Street, 31st Floor Los Angeles, CA 90071 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF 0F SERVICE (Pursuant t0 California State Law) The undersigned certifies and declares as follows: I am a resident of the State of California and over 18 years of age and am not a party t0 this action. My business address is 555 South Flower Street, Suite 3100, Los Angeles, CA 90071, Which is located in the county where any non-personal service described below took place. On June 10, 2021, a copy of the following document(s): DEFENDANT VOLKSWAGEN GROUP 0F AMERICA, INC.’S REQUEST FOR ADMISSIONS PROPOUNDED 0N PLAINTIFF ANGELITO DELMUNDO, SET ONE was served on: Tionna Dolin, Esq. Attorneysfor Plaintiff STRATEGIC LEGAL PRACTICES MYLNA T. DELMUNDO and A PROFESSIONAL CORPORATION ANGELITO DELMUNDO 1840 Century Park East, Suite 430 Los Angeles, CA 90067 Service was accomplished as follows. E By U.S. Mail, According t0 Normal Business Practices. On the above date, at my place 0f business at the above address, I sealed the above document(s) in an envelope addressed to the above, and I placed that sealed envelope for collection and mailing following ordinary business practices, for deposit with the U.S. Postal Service. I am readily familiar with the business practice at my place of business for the collection and processing of correspondence for mailing with the U.S. Postal Service. Correspondence s0 collected and processed is deposited the U.S. Postal Service the same day in the ordinary course of business, postage fully prepaid. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on June 10, 2021, at Los Angeles, California. WWW,- ’6‘“ Martha Kalenderian 4401 1 1 .0362] -7- VWGoA’s REQUEST FOR ADMISSIONS - SET ONE 010-9221-9536/1/AMERICAS EXHIBIT B Czer. Paul From: Czer, Paul Sent: Wednesday, June 30, 2021 11:58 AM To: 'Chae Lee' Cc: Conboy, Sean; Kim, Shaun; Tionna Dolin; Gregory Sogoyan; Kalenderian, Martha Subject: RE: [EXTERNAL]RE: [EXTERNAL]RE: Delmundo v. VW -- Request for extension re pltfs' discovery responses [|-AMS.F|D4926001] No problem, extension granted. SQU I RE g} Paul CzerAssociate PATTDN BOGGS Squire Patton Boggs (US) LLP 555 South Flower Street, 31st Floor Los Angeles, California 90071 T +1 213 689 5516 O +1 213 624 2500 F +1 213 523 4581 paul.czer@squirepb.com | squirepattonboggs.com Find Us: Twitter | Linkedln | Facebook | Instagram From: Chae Lee Sent: Wednesday, June 30, 2021 11:41 AM To: Czer, Paul Cc: Conboy, Sean ; Kim, Shaun ; Tionna Dolin ; Gregory Sogoyan ; Kalenderian, Martha Subject: [EXT] RE: [EXTERNAL]RE: [EXTERNAL]RE: Delmundo v. VW -- Request for extension re pltfs' discovery responses [I-AMs.FID4926001] Hi Paul- Thank you for the clarification. | must have misread and miscalendared this. Iwould appreciate the two week extension, making the deadline 7/29/21. Thank you for your professional courtesy. Chae Lee From: Czer, Paul <9au|.czer@sguiregb.com> Sent: Wednesday, June 30, 2021 9:13 AM To: Chae Lee Cc: Conboy, Sean ; Kim, Shaun ; Tionna Dolin ; Gregory Sogoyan ; Kalenderian, Martha Subject: [EXTERNAL]RE: [EXTERNAL]RE: Delmundo v. VW -- Request for extension re pltfs' discovery responses [|- AMS.F|D4926001] Hi Chae, VWGoA’s discovery requests to Plaintiffs were served on June 10, 2021 - making Plaintiff’s responses due July 15, 2021. Did you still want a two week extension? New deadline would be July 29, 2021. Let me know, thanks. 1 SQU I RE g} Paul Czer Associate PAHON BOGGS Squire Patton Boggs (US) LLP 555 South Flower Street, 31st Floor Los Angeles, California 90071 T +1 213 689 6516 O +1 213 624 2500 F +1 213 523 4581 paul.czer@squirepb.com | squirepattonboggs.com Find Us: Twitter | Linkedln | Facebook | Instagram From: Chae Lee Sent: Tuesday, June 29, 2021 2:58 PM To: Czer, Paul Cc: Conboy, Sean ; Kim, Shaun ; Tionna Dolin ; Gregory Sogoyan ; Kalenderian, Martha Subject: [EXT] RE: [EXTERNAL]RE: Delmundo v. VW -- Request for extension re pltfs' discovery responses [|- AMS.F|D4926001] Understood - thank you Chae Lee From: Czer, Paul Sent: Tuesday, June 29, 2021 2:26 PM To: Chae Lee Cc: Conboy, Sean ; Kim, Shaun ; Tionna Dolin ; Gregory Sogoyan ; Kalenderian, Martha Subject: [EXTERNAL]RE: Delmundo v. VW -- Request for extension re pltfs‘ discovery responses [|-AMS.F|D4926001] Hi Chae, Yes granted. Please be sure to direct all future correspondence related to this matter to me, as | am taking over for Shaun Kim as the day-to-day attorney going forward. Best, Paul "i P ICSQUIRE" Asasgciatzer PAHON BDGGS Squire Patton Boggs (US) LLP 555 South Flower Street, 31st Floor Los Angeles, California 90071 T +1 213 689 6516 O +1 213 624 2500 F +1 213 623 4581 paul.czer@squirepb.com | squirepattonboggs.com Find Us: Twitter | Linkedln | Facebook | Instagram From: Chae Lee Sent: Tuesday, June 29, 2021 2:03 PM To: Conboy, Sean ; Kim, Shaun Cc: Tionna Dolin ; Gregory Sogoyan ; Kalenderian, Martha Subject: [EXT] Delmundo v. VW -- Request for extension re pltfs' discovery responses Dear counsel - Can plaintiffs get a two-week extension on discovery responses? If granted, new deadline would be July 13, 2021. Please advise when able. Thank you Chae Lee Paralegal Strategic Legal Practices A Professional Corporation 1840 Century Park East, Suite 430 Los Angeles, CA 90067 Tel: (310) 929-4900 Fax: (310) 943-3838 crlee@s|gattorney.com NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use ofthe recipient(s) named above‘ This message may be an attorney-client communication and/or work product and as such is privileged and confidential. If the reader of this message is not the intended recipient or agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original and any copies of this message and any attachments attached to it. 45 Offices in 20 Countries This message is confidential and may be legally privileged 0r otherwise protected from disclosure. If you are not the intended recipient, please telephone or email the sender and delete this message and any attachment from your system; you must not copy 0r disclose the contents 0f this message or any attachment to any other person. For information about how Squire Patton Boggs processes UK and EU personal data that is subject to the requirements 0f applicable data protection laws, please see our Privacy Notice regarding the processing ofUK and EU personal data about clients and other business contacts at WWW.squirepattonboggs.com. Squire Patton Boggs (US) LLP is part of the international legal practice Squire Patton Boggs, which operates worldwide through a number of separate legal entities. Please Visit www.squirepattonboggs.com for more information. #US EXHIBIT C Czer. Paul From: Sent: To: Cc: Subject: Hi Greg, Czer, Paul Friday, August 13, 2021 5:23 PM Gregory Sogoyan 'David Rodriguez'; 'Chae Lee' Delmundo, et al. v. VWGoA, et al. - Plaintiffs' Discovery Responses [I-AMS.F|D4926001] Plaintiffs’ responses to VWGoA’s first set of discovery requests are untimely. Plaintiffs’ responses t0 VWGoA’s first set of discovery requests were due on July 29, 2021 per extension granted by Defendants. However Plaintiffs have not served any responses to VWGoA’s first set of discovery requests, and Plaintiffs did not request an extension to respond to the discovery beyond the July 29, 2021 deadline. Per Code of Civil Procedure Sections 2030.290, 2031.300, and 2033.280, due to Plaintiffs’ failure to serve timely responses, they have waived their objections to the interrogatories and requests, and waived any right to exercise the option to produce writings under Section 2030.230. Accordingly, VWGoA demands Plaintiffs provide responses free from objections or references to writings per CCP 2030.230 by no later than August 20, 2021. Thank you, Paul SQU I RE g} Paul Czer Associate PATTDN BOGGS Squire Patton Boggs (US) LLP 555 South Flower Street, 31st Floor Los Angeles, California 90071 T +1 213 689 6516 O +1 213 624 2500 F +1 213 623 4581 paul.czer@squirepb.com | squirepattonboggs.com Find Us: Twitter | Linkedln | Facebook | Instagram EXHIBIT D Czer. Paul From: Czer, Paul Sent: Monday, August 30, 2021 10:44 AM To: 'Joshua Ponce'; Conboy, Sean Cc: Tionna Dolin; Alfredo Aguiniga; Udayan Singla; R/C Pool; EmailServices Subject: RE: Mylna T. Delmundo and Angelito Delmundo v. Volkswagen (Case No. 21CV381404) - request for informal documents [|-AMS.F|D4926001] Attachments: Delmundo, et al. v. VWGoA, et al. - Plaintiffs' Discovery Responses [I-AMS.F|D4926001]; Activity Overview.pdf; Case 04507141 Printable View.pdf; Delmundo Service History.pdf; VDF Claim Reportpdf Hi Joshua, See attached. Please advise whether Plaintiff will be serving responses without objections to VWGoA’s discovery requests or whether we wi|| have to engage in motion practice. Thanks, Paul n p IcSQUIRE» PATTDN BOGGS Squire Patton Boggs (US) LLP 555 South Flower Street, 31st Floor Los Angeles, California 90071 T +1 213 689 6516 O +1 213 624 2500 F +1 213 623 4581 paul.czer@squirepb.com | squirepattonboggs.com Find Us: Twitter | Linkedln | Facebook | Instagram From: Joshua Ponce Sent: Friday, August 27, 2021 10:34 AM To: Conboy, Sean ; Czer, Paul Cc: Tionna Dolin ; Alfredo Aguiniga ,- Udayan Singla ; R/C Pool ; EmailServices Subject: [EXT] Mylna T. Delmundo and Angelito Delmundo v. Volkswagen (Case No. 21CV381404) - request for informal documents Dear counsel - | am writing to request VW to informally produce the call logs and warranty information for the above-captioned case. Please advise at your earliest convenience. ThankYou, Joshua Ponce Strategic Legal Practices A Professional Corporation 1840 Century Pork Eos’r, Sui’re 430 Los Angeles, CA 90067 Tel: (310) 929-4900 Fox: (310) 943.3838 'Qonce@slgo’rforney.com This e-moil message cmd any attachments ’ro i’r may contain private, confidential, ond privileged material. IT hos been sent by on attorney and is for The sole use of the intended recipient. Any review, copying, or dis’rribufion of this message (or any oficchmenfs) by others is strictly prohibited. If you ore no’r The intended recipient, please contact The sender and immediately 0nd permanently delete The original ond ony copies of This message 0nd ony Oflochmenfs ofioched 10 iT.