Rual Gomez vs. Arturo Lorera

Motion for Protective Order

Cal. Super. - 4th Dist.June 24, 2014

C O M M U N I T Y L A W C E N T E R 27 06 16 00 No rt h B r o a d w a y , 10 ™ Fl oo r, Su it e 10 20 , Sa nt a An a, Ca li fo rn ia 9 10 il 12 13 14 15 16 id 18 19 20 21 22 23 24 25 26 Ft 28 Randal A. Whitecotton (California State Bar Ne: 152950) William P. Mullins (California State Bar Ne: 295396) COMMUNITY LAW CENTER 1600 North Broadway Tenth Floor Suite 1020 Santa Ana, California 92706 +1 714 426 2800 Attorney for Plaintiff, RAUL GOMEZ ELECTRONICALLY FILED Superior Court of California, County of Orange OTA27201T at 11:34:00 PM Clerk of the Superior Court By Danielle Jurado, Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE Central Justice Center 700 Civic Center Drive West, Santa Ana, California 92701 RAUL GOMEZ, Plaintiff, verses ARTURO LOERA, a/k/a/ Arturo Loera Roman; HENRY LOERA, a/k/a Henry Loera, PADILLA; JEANETTE AGUIERRE, a/k/a/ Jeanette Aguierre Loera a/k/a Jeanette Villarreal; and DOES 1 to 50, inclusive, Defendants. To the Court and all interested parties: CASE NUMBER: 30-2014-00730339-CU-OR-CJC Filing Date: June 24, 2014 Trial Date: none set Assigned Judge: Hon. Assigned Department: C-11 Plaintiff Raul Gomez’ Notice of Motion and Motion for a Protective Order against Defendant’s redundant discovery requests and Special Interrogatories; Request for $2,860.00 in Monetary Sanctions against Jeanette Aguierre, a/k/a/ Jeanette Aguierre Loera, a/k/a Jeanette Villarreal and her attorney of Record, William R. Bailey; Memorandum of Points & Authorities, Declaration of R. Spelger, in support of thereof; attached Exhibits Hearing date: August 11, 2017 Time: 1:30 p.m. Department: C-11 Reservation number 72623754 PLEASE TAKE NOTICE that on August 11, 2017 at 1:30 p.m., in Department C- 11 of the Central Justice Center, located at 700 Civic Center Drive West, Santa Ana, .. Plaintiff Raul Gomez’ Motion for a Protective Order and Request for Sanctions C O M M U N I T Y L A W C E N T E R 16 00 No rt h B r o a d w a y , 10 " Fl oo r, Su it e 10 20 , Sa nt a An a, Ca li fo rn ia 92 70 6 A O N © 00 ~N Oo Oo 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 California 92701, Plaintiff Raul Gomez (Plaintiff) will seek a Protective Order against Defendant Jeanette Aguierre, a/k/a/ Jeanette Aguierre Loera, a/k/a Jeanette Villarreal (Defendant Villareal)'s redundant discovery requests and Special Interrogatories. The protective order must be granted because: 1: A protective order is necessary to protect the Plaintiff "from unwarranted annoyance, embarrassment, or oppression, or undue burden or expense." Calif. Code Civ. Proc., § 2025.420 (b); 2. Defendant Villareal’s specially prepared interrogatories exceed the 35 limit and is not supported by a Declaration for additional discovery; 3. contrary to the representations made in a Defendant's counsels Declaration, the number of specially prepared interrogatories is unwarranted, as the same exact information is sought in Defendant's Request for Admission (in conjunction with Form Interrogatory 17.1) and Request for Production of Documents; and 4. Defendant refuses to limit the scope of the Interrogatories, by instead insisting on eliciting irrelevant information and Plaintiff's work product. PLEASE TAKE NOTICE THAT Plaintiff requests Monetary Sanctions of $2,860.00 against Jeanette Villarreal and her attorney of Record, William R. Bailey for acting without any justification in propounding redundant discovery, solely intended to harass, brought for an improper purpose and to create additional costs. This Motion is based on the attached this Notice, Memorandum of Points and Authorities, Declaration of R. Spelger, attached Exhibits, along with the pleadings, papers and records on file with the Court, and testimony or documentary evidence as presented at the Hearing of this Motion. DATED: 10 July 2017 Attorney for Plaintiff, Raul Gomez I Plaintiff Raul Gomez’ Motion for a Protective Order and Request for Sanctions C O M M U N I T Y L A W C E N T E R 16 00 No rt h B r o a d w a y , 10 " Fl oo r, Su it e 10 20 , Sa nt a An a, Ca li fo rn ia 92 70 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES 0 BACKGROUND SUMMARY The Complaint concerns the purchase, finance and distribution of rental income, for a 4 unit residence, located at 5912 Rostrata Avenue, Buena Park, California residence. Plaintiff Raul Gomez initially purchased the property, with his wife's step-father, Defendant Arturo Loera, as joint tenants. Plaintiff's and Defendant Arturo Loera’s families would live in 2 of the units; the remainder would be rented. A written agreement specified the responsibilities, including mortgage payments and distribution of rent. Unfortunately, Defendant Arturo Loera did not abide by the agreement. Instead, in collusion with his cohorts, Defendant Henry Loera Padilla (Arturo’s brother), Jeanette Aguierre Loera (Plaintiff's step daughter) worked diligently to remove Plaintiff's name from the Deed of Trust, absconded with rental payments, reaped additional cash benefits from re-financing and then resold the property again a 3" party (Rick M. Won and Helen Yoon). 2. PROCEDURAL HISTORY After Defendant Villareal’s demurer, the Complaint was amended, wherein only 3 of the 5 causes of action, are alleged against Defendant Villareal: (1). Tortuous Interference with Contractual Relationships; (2) Quasi Contract; and (3). Common Counts (Money had and received). Sometime after May 24, 2017, Defendant Villareal propounded: 3: 66 Special Interrogatories (Exhibit 1), 2 31 Requests for Admissions (Exhibit 2); 3. 22 Requests for Production of Documents (Exhibit 3) 4, Form Interrogatories, including number 17.1 (Exhibit 4) None of the propounded discovery had a proof service attached. Regardless, on June 28, 2017, Plaintiff requested and was granted an extension in which to respond, through July 12, 2017 (Exhibit 7). Hs Plaintiff Raul Gomez’ Motion for a Protective Order and Request for Sanctions C O M M U N I T Y L A W C E N T E R 16 00 No rt h B r o a d w a y , 10 ™ Fl oo r, Su it e 10 20 , Sa nt a An a, Ca li fo rn ia 92 70 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. DEFENDANT’S DISCOVERY REQUESTS EXCEED THE STATUTORY LIMIT By propounding 66 specially prepared interrogatories, Defendant Villareal's specially prepared interrogatories are in excess of the 35 statutorily allowable limit. Calif. Code of Civ. Proc., § 2030.030(a)(1). The Discovery Act imposes a presumptive limit of 35 specially prepared interrogatories, as a matter of right. Calif. Code of Civ. Proc., § 2030.030(a)(1). A party whose requests exceed this limit bears the burden of establishing by factual evidence, that the excessive requests are justified. Calif. Code of Civ. Proc., § 2030.040(b). (1). Plaintiff is required to file a protective order against the unwarranted and unjustified discovery beyond the statutory limitations Calif. Code of Civ. Proc. authorized more than 35 interrogatories only when accompanied by a properly supported “declaration of necessity ...”[s]ubject to the right of the responding party to seek a protective order.” Calif. Code of Civ. Proc., § 2030.040(a). However, Plaintiff cannot simply object to the unwarranted and excessive discovery, but rather must seek a protective order required by Calif. Code of Civ. Proc., § 2030.040(a). Cantanese v. Superior Court (Ray), 46 Cal.App.4™ 1159 1165 (1996) [disapproved on other grounds by Smith v. Lewis, 19 Cal.4™ 1232 (1999)] also see, Weil & Brown, Calif. Prac. Guide: Civ Proc Before Trial, § 8:956 (the Rutter Group, 2014). (2). Defendant's “declaration of necessity” may be challenged by way of a Motion for a Protective Order Defendant Villareal's attorney’s Declaration is attached to the specially prepared interrogatories offers no substantial reason for the excessive specially prepared interrogatories (Decl. of William R. Bailey, Exhibit 1, p. 10, lines 19.5-21.5). If, despite the propounding party’s “declaration of necessity,” the responding deems the number of interrogatories excessive, that party may seek a protective order oll Plaintiff Raul Gomez’ Motion for a Protective Order and Request for Sanctions C O M M U N I T Y L A W C E N T E R 16 00 No rt h B r o a d w a y , 10 '® Fl oo r, Su it e 10 20 , Sa nt a An a, Ca li fo rn ia 92 70 6 oo Oo A W 11 12 13 14 15 16 17 18 18 20 21 22 23 24 25 26 27 28 under Calif. Code of Civ. Proc., § 2030.050. Calif. Code of Civ. Proc., § 2030.090(b)(2). Such an Order may be granted on the ground “[t]hat contrary to the representations made [in the declaration of necessity) ... the number of specially prepared interrogatories is unwarranted.” Calif. Code of Civ. Proc., § 2030.090(b)(2). Defendant’s attorney Declaration fails to articulate any reason for the excess amount of specially prepared interrogatories. Rather, a correct declaration must show at least one or more of the following: that (1) “the complexity or the quantity of the existing and potential issues in the particular case; (2) “the financial burden on a party entailed in conducting the discovery by oral deposition;” and (3) “[t]he expedience of using the method of discovery (interrogatories) to provide to the responding party the opportunity to conduct an inquiry, investigation, or search of files or records to supply the information sought.” Calif. Code of Civ. Proc., § 2030.040(a). As more fully explained below, the Complaint is not complex, with only 3 of the 5 causes of action applying to Defendant. Moreover, since the exact same information is being requested by other discovery propounded at the same time [see Request for Admissions, Request for Production and Form Interrogatories (including 17.1)], the discovery is propounded solely for an improper purpose, as to harass and cause unnecessary and needless increase in the cost of litigation. Calif. Code of Civ. Proc., § 2030.050. By asking the same questions, through Request for Admissions (Exhibit 2) (and in conjunction with Form Interrogatory 17.1)(Exhibit 4) and Requests for Production (Exhibit 3), obviously Defendant's attorney never “personally examined each of the interrogatories in this set of special interrogatories.” (Decl. of William R. Bailey, Exhibit 1, p. 10, lines 17.5-18.5). Furthermore, as fully explained below, the Special Interrogatories are compound, each relating to numerous issues and are grossly overbroad, raising the reasonable inference that the discovery was propounded to harass and intended to create an improper burden. Obregon v. Sup. Ct (Cimm’s Inc.), 67 Cal.2d 276, 281 5- Plaintiff Raul Gomez’ Motion for a Protective Order and Request for Sanctions C O M M U N I T Y L A W C E N T E R 70 6 2 16 00 No rt h B r o a d w a y , 10 " Fl oo r, Su it e 10 20 , Sa nt a An a, Ca li fo rn ia 9 10 11 12 13 14 15 16 ar 18 19 20 21 22 23 24 25 26 27 28 (1969) (3). Defendant's declaration does not meet her burden to justify the discovery beyond the statutory limitations A party who wishes to exceed the statutory limit on discovery request must attach a Declaration, demonstrating that the excessive request were not propounded for an improper purpose AND are justified by necessity. Calif. Code of Civ. Proc., § 2030.050. Only 3 of the 5 causes of action, are alleged against Defendant Villareal, for (1). Tortuous Interference with Contractual Relationships; (2) Quasi Contract; and (3). Common Counts (Money had and received). The gravamen of the Complaint, for fraud and breach of contract are not even being alleged against Defendant Villareal. Therefore, the majority of the allegations do not concern this Defendant. The Declaration is further directly contradicted by Defendant Villareal’s assertion in her Demurrer, complaining of “chain letter pleading.” Defendant argued that the Complaint was redundant, by incorporating prior paragraphs of the causes of action into subsequent causes of action. Yet Defendant’s only justification for the additional discovery is “because of the large number of allegations in the Plaintiff's complaint and the complexity of the matters as alleged.” (Decl. of William R. Bailey, Exhibit 1, p. 10, lines 19.5-21.5). With only 3 of the 5 causes of action, alleged against Defendant Villareal, Defendant’s counsel has not meet his burden of justifying the additional discovery under . Calif. Code of Civ. Proc., § 2030.050. (4). Defendant’s redundant discovery shows that the discovery is propounded solely for an improper purpose In addition to propounding 66 Specially Prepared Interrogatories, Defendant at the same time, had propounded the additional discovery, seeking the same information. The 31 propounded Request for Admissions are the same questions, and, in conjunction with propounded Form Interrogatory 17.1, have the additional same sub-parts. Finally, propounded Request for Production, likewise mimic the 3- Plaintiff Raul Gomez’ Motion for a Protective Order and Request for Sanctions C O M M U N I T Y L A W C E N T E R 16 00 No rt h B r o a d w a y , 10 ™ Fl oo r, Su it e 10 20 , Sa nt a An a, Ca li fo rn ia 92 70 6 a A WwW 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant's Specially Prepared Interrogatories, by again, seeking production of the same documents sought to be identified in the Special Interrogatories. Not only is the discovery duplicative, Plaintiff is being required to provide the same information, documents and admissions at least 3 times. 4. DEFENDANT’S SPECIALLY PREPARED INTERROGATORIES CONTAIN IMPERMISSIBLE PREFATORY DEFINITIONS Defendant’s propounded Specially Prepared Interrogatories contain improperly included prefatory definitions. (Plaintiff's Exhibits 6, p. 1-2). No preface or instruction shall be included in a set of interrogatories unless it has been approved by the Judicial council for use in a Official Form interrogatory. Calif. Code of Civ. Proc., §§ 2030.060(d), 2033.710. Plaintiffs seek a protective order, against such violation of Calif. Code of Civ. Proc., § 2033.060(d). Ds DEFENDANT'S SPECIALLY PREPARED INTERROGATORIES ARE COMPOUND, OVERBROAD AND DESIGNED TO SEEK ATTORNEY COMMUNICATION AND WORK PRODUCT A protective order may be granted to limit the scope of particular questions and against “boilerplate” interrogatories that would require “thousands of hours” to answer. Day v. Rosentthal, 170 Cal.App.3d 1125, 1172(1985); also see, Weil & Brown, Calif. Prac. Guide: Civ Proc Before Trial, § 8:1011-1012 (the Rutter Group, 2014). A limitation is needed, as Defendant Villareal’s interrogatories are unlimited in scope, seeking facts and list of documents that “support, refute, relate to or reflect upon any contention of fact by PLAINTIFF from paragraph ....” (Exhibit 1, p. 1-11) (1). Defendant's specially prepared interrogatories contain impermissible sub-parts, seeking multiple issues within the same interrogatory Defendant Villareal’s specially prepared interrogatories, numbers 1, 4, 7, 10, 12, 15, 18, 21, 24, 27, 30, 33, 36, 39, 42, 45, 48, 51, 54, 57, 60, 63, 64 and 65., each contain the boilerplate questions of, “[s]tate all facts which support, refute, relates oh Plaintiff Raul Gomez’ Motion for a Protective Order and Request for Sanctions C O M M U N I T Y L A W C E N T E R 16 00 No rt h B r o a d w a y , 10 '" Fl oo r, Su it e 10 20 , Sa nt a An a, Ca li fo rn ia 92 70 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to or reflect upon any contention of fact by Plaintiff from paragraph .... in the subject COMPLAINT.” Defendant Villareal’s specially prepared interrogatories, numbers 2, 5, 8, 11, 13, 16, 19, 22, 25, 28, 31, 34, 37, 40, 43, 46, 49, 52, 55, 58, 61, and 66, similarly have the boilerplate questions of, “[i]dentify each DOCUMENT that support, refute, relates to or reflects upon any contention of fact by Plaintiff from paragraph .... in the subject COMPLAINT.” Foremost, each of those interrogatories are impermissible compound. “No specially prepared interrogatory shall contain subparts, or a compound, conjunctive, or disjunctive question.” Calif. Code of Civ. Proc., § 2030.060(f). Any question containing an “and” or “or” is compound and conjunctive. Clement v. Alegre, 177 Cal.App.4™ 1277, 1291 (2009). Therefore, each and every interrogatory, on its face, is impermissible. (2). Defendant's seeking information that “reflect upon any contention of fact” is impermissible overbroad The Court has the power to issue protective orders to protect a party against “unwarranted annoyance, embarrassment or oppression.” Calif. Code of Civ. Proc., § 2030.090). Interrogatories asking for information “which support, refute, relates to or reflect upon any contention of fact by Plaintiff” provides Plaintiff with no guidance or limitations. Nearly any newspaper article, discussion, email, and conversation, beginning from the inception of the Agreement, in 1999, would fall under such broad terms. Rather than elicit relevant information, the interrogatories are designed require Plaintiff to recall every action taken, discussion, document, person spoken with, however remote, since 1999. (3). Requiring Plaintiff to refute his own allegations impermissible requires Plaintiff to prepare Defendant’s case and invade the attorney work product privilege. By asking for “which support, refute to or reflect upon any contention of fact, 8 Plaintiff Raul Gomez’ Motion for a Protective Order and Request for Sanctions C O M M U N I T Y L A W C E N T E R 16 00 No rt h B r o a d w a y , 10 " Fl oo r, Su it e 10 20 , Sa nt a An a, Ca li fo rn ia 92 70 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant Villareal seeks information and/ or material developed as a result of the initiative of Plaintiff's Counsel's preparation for trial, thereby invading Counsel’ attorney work product. Calif. Code of Civ. Proc., §§2017.010, 2018.030; Sav-On Drugs Inc. v. Supr. Court, 15 Cal.3d 1, 5 (1975); Mack v. Supr. Court, 259 Cal.App.2d 7, 10-11 (1968). By asking for all information that “supports, refutes, or relates” Defendant seeks information that is protected from disclosure by the attorney work-privilege! and is not permitted under California law. Calif. Code of Civ. Proc. , § 2018.030; Brown v. Supr. Court, 218 Cal.App.2d 430 (1963). More importantly, Defendant is improperly requiring responding party to prepare the defendant's case. Sav-on Drugs, Inc. v. Superior Court (Botney) , 15 Cal.3d 1 (1975) “[A]n attorney, to do his work effectively, must be free from fear that his private papers, investigative labors and research and thoughts as a result of such research will be subject to scrutiny at the will of the opposing side. Brown v. Superior Court, 218 Cal.App.2d 430, 437 (1963). In Brown the court protected privileged information, noting that “[tlhe means by which plaintiff may share defendants’ knowledge of the case is by taking his deposition, by requests for admissions, and by interrogatories ... This much will also constitute an acquisition of facts by said plaintiff's counsel through his own industry.” Id., at 442. The purpose of the Discovery Act is to permit a party to prepare for trial and to discover any relevant admissible evidence or matters reasonably calculated to lead to it. It does not require one party at his expense to prepare the case of his opponent. Ryan v. Superior Court, 186 Cal.App.2d 813 (1961). The purpose of the Discovery Act is to permit a party to prepare for trial and to discover any relevant admissible evidence or matters reasonably calculated to lead to it. It does not require one party at his expense to prepare the case of his opponent. Ryan v. Superior Court, 186 Cal.App.2d 813, 819 (1961), accord, Lindgren v. Superior Court, 237 Cal.App.2d 743, 748 (1965). Bunnell v. Superior Court, 254 Cal.App.2d 720, 723 (1967), for example, held that a defendant could not compel the plaintiff to comb through deposition testimony and extract the 9. Plaintiff Raul Gomez’ Motion for a Protective Order and Request for Sanctions C O M M U N I T Y L A W C E N T E R 16 00 No rt h B r o a d w a y , 10 ™ Fl oo r, Su it e 10 20 , Sa nt a An a, Ca li fo rn ia 92 70 6 a Ar WwW © eo N O ) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 same information that the defendant could obtain through its own efforts. The same conclusion was reached in Holguin v. Superior Court, 22 Cal.App.3d 812, 821 (1972), holding that one party could not force the other to do all the investigation. Defendant, in seeking all information that “support, refute to or reflect upon any contention of fact,” is requiring Plaintiff to divulge its work product. Interrogatories may not seek an attorney’s “impressions, conclusions, opinions, etc., which are absolutely protected as “work product,” Calif. Code of Civ. Proc., § 2018.030(a); Sav- on Drugs, Inc. v. Superior Court (Botney) , 15 Cal.3d 1, 5 (1975) 6. DEFENDANT'S SPECIALLY PREPARED INTERROGATORIES CONTAIN IMPERMISSIBLE SEEKS MULTIPLE ISSUES WITHIN THE SAME INTERROGATORY Each of the interrogatories references a paragraph or paragraphs of the Complaint and not specific facts or issues. Every paragraph of the Complaint, referred to in Defendant’s interrogatories, with the exception of paragraphs 3, 29, 34, and 48, contain either multiple issues or several sentences. Propounded Special Interrogatories 54 through 61, refer to multiple / range of paragraphs of the Complaint. By referencing several paragraphs of the Complaint or a paragraph that contains multiple issues, the interrogatory is compound. Calif. Code of Civ. Proc. § 2030.060(f); also see Clement v. Alegre, 177 Cal.App.4" 1277, 1291 (2009) The requirement that each interrogatory be “full and complete in and of itself” is violated where resort must necessarily be made to other materials in order to answer the question. Cantanese v. Superior Court (Ray), 46 Cal.App.4™ 1159 1164 (1996) [disapproved on other grounds by Smith v. Lewis, 19 Cal.4™ 1232 (1999)] also see, Weil & Brown, Calif. Prac. Guide: Civ Proc Before Trial, § 8:979.5 (the Rutter Group, 2014). Here, as in Cantanese, Plaintiff is required to not answer specific contention interrogatories, but instead must refer to paragraphs of the Complaint, regarding multiple issues. The rationale for not having sub-parts or referencing multiple issues, allows SA Plaintiff Raul Gomez’ Motion for a Protective Order and Request for Sanctions C O M M U N I T Y L A W C E N T E R 27 06 16 00 No rt h Br oa dw ay , 10 " Fl oo r, Su it e 10 20 , Sa nt a An a, Ca li fo rn ia 9. H O D 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 responding party to provide concise information, rather than a laundry list of history, | multiple parties, multiple facts and issues. Defendant’s discovery, wherein Plaintiff is required to review ever conversation, letter, bank statement, email, and events since 1999 is clearly oppressive. see Mead Reinsurance Co. v. Sup. Ct. (City of Laguna Beach), 188 Cal.App. 313, 318 (1986) 7 DEFENDANT'S PROPOUNDED REQUEST FOR ADMISSIONS AND REQUEST FOR PRODUCTION SEEK THE EXACT SAME INFORMATION Defendant Villareal’s Request for Admission, all are the boilerplate, “[a]ldmit that you have no information to support any contention of fact from Paragraph ... of PLAINTIFF'S Complaint.” (Exhibit 2). Defendant served Form Interrogatory 17.1, which then requires Plaintiff, for each Request for Admissions to: (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. Defendant’s Special Interrogatories are nothing more than the same, repeated request for the same information, sought in the Request for Admissions and Form Interrogatory 17.1. Clearly, the Special Interrogatories only purpose is to harass, create an additional undue burden and expense. 8. DEFENDANT'S SPECIALLY PREPARED INTERROGATORIES REQUESTS THE SAME INFORMATION AS THE REQUESTS FOR PRODUCTION Defendant Villareal repeats the same process for the propounded Request for Production of Documents (Exhibit 3). Again, Defendant asks for “[a]ny and all DOCUMENTS in the custody,, care, or control of PLAINTIFF CONCERNING any any (sic) contention of fact by PLAINTIFF from paragraph ... in the subject COMPLAINT.” Special Interrogatories 2, 5, 8, 11, 13, 16, 19, 22, 25, 28, 31, 34, 37, 40, 43, 46, 49, 52, == Plaintiff Raul Gomez’ Motion for a Protective Order and Request for Sanctions C O M M U N I T Y L A W C E N T E R 16 00 No rt h B r o a d w a y , 10 '" " Fl oo r, Su it e 10 20 , Sa nt a An a, Ca li fo rn ia 92 70 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 | 55, 58, 61, and 66 seeks the same, exact information, as sought in the Request for Production (Exhibit 3). 9. A PARTY MAY MOVE FOR A PROTECTIVE ORDER AGAINST DEFENDANT'S OPPRESSIVE AND BURDENSOME TACTICS Plaintiff or any party may bring seek a protective order, to unwarranted, unnecessary, oppressive or burdensome discovery. “when discovery requests are grossly overbroad on their face and hence do not appear reasonably related to a legitimate discovery need, a reasonable inference can be drawn of an intent to harass and improperly burden.” Obregon v. Sup. Ct. (Cimm’s Inc), 67 CallApp.4™ 424, 431 (1998). Calif. Code of Civ. Proc. § 2030.040 states: “(a) When interrogatories have been propounded, the responding party, and any other party or affected natural person or organization may promptly move for a protective order. This motion shall be accompanied by a meet and confer declaration under Section 2016.040. (b) ~~ The court, for good cause shown, may make any order that justice requires to protect any party or other natural person or organization from unwarranted annoyance, embarrassment, or oppression, or undue burden and expense. This protective order may include, but is not limited to, one or more of the following directions: (1) That the set of interrogatories, or particular interrogatories in the set, need not be answered. (2) That, contrary to the representations made in a declaration submitted under Section 2030.050, the number of specially prepared interrogatories is unwarranted. (3) That the time specified in Section 2030.260 to respond to the set of interrogatories, or to particular interrogatories in the set, be extended. 21 Plaintiff Raul Gomez’ Motion for a Protective Order and Request for Sanctions C O M M U N I T Y L A W C E N T E R 16 00 No rt h B r o a d w a y , 10 ™ Fl oo r, Su it e 10 20 , Sa nt a An a, Ca li fo rn ia 92 70 6 HH QL . S O . . ~~ J O ) Ti en 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ar 28 (4) That the response be made only on specified terms and conditions. (5) That the method of discovery be an oral deposition instead of interrogatories to a party. (c) If the motion for a protective order is denied in whole or in part, the court may order that the party provide or permit the discovery against which protection was sought on terms and conditions that are just. (d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010) against any party, person, or attorney who unsuccessfully makes or opposes a motion for a protective order under this section, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” Based on the number of excess interrogatories, not supported by a Declaration for additional discovery, the improper prefatory definitions, and overbroad scope of the questions, the Court is requested excise the definitions and limit the number of duplicate interrogatories, which could be better responded to in a deposition. 10. THE MOTION IS TIMELY, DESPITE THE DISCOVERY CONTAINING NO PROOF OF SERVICE Defendant Villareal failed to provide any Proof of Service with her discovery, Notwithstanding, Plaintiff was given an extension through July 12, 2017 in which to respond (Exhibit 7). 11. PLAINTIFF IS ENTITLED TO SANCTIONS FROM DEFENDANT'S UNPROFESSIONAL AND BURDENSOME TACTICS Plaintiff requests Monetary Sanctions of $2,860.00, against Defendant Villareal and her attorney of record, Mr. Bailey. Plaintiff's counsel engaged in 3 phone calls and follow up letter, in an effort to informally resolve the discovery dispute, but as Aq. Plaintiff Raul Gomez’ Motion for a Protective Order and Request for Sanctions C O M M U N I T Y L A W C E N T E R 16 00 No rt h B r o a d w a y , 10 " Fl oo r, Su it e 10 20 , Sa nt a An a, Ca li fo rn ia 92 70 6 oO © 00 N N oO Oo Ar Ww N N = a E A E h EN Lo e e l s EN aD 00 A W N = 17 18 19 20 21 22 23 24 25 26 27 28 seen by Mr. Bailey's response, he was unwilling to work toward any resolution. As set forth in the attached Declaration of R. Spelger, Plaintiff has incurred $2,860.00 to draft, prepare and bring this Motion. The sanctions are justified, because Defendant continues to act without substantial justification in propounding discovery solely to harass, create an undue burden and increase costs of litigation. 12. CONCLUSION Plaintiff requests that the Court issue a Protective Order, pursuant to Calif. Code of Civ. Proc. § 2030.040, that the set of propounded specially prepared interrogatories, set 1, need not be answered; that, contrary to the representations made in Mr. Bailey's Declaration, the number of specially prepared interrogatories is unwarranted, or alternatively, that the method of discovery be an oral deposition instead of interrogatories to a Plaintiff. Plaintiff also requests $2,860.00 in monetary sanctions, for the time, expense and costs in bringing this Motion. DATED: 7 July 2017 Attorney for Plaintiff, Raul Gomez -14- Plaintiff Raul Gomez’ Motion for a Protective Order and Request for Sanctions C O M M U N I T Y L A W C E N T E R 16 00 No rt h Br oa dw ay , 10 " Fl oo r, Su it e 10 20 , Sa nt a An a, Ca li fo rn ia 92 70 6 ~~ ©» 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF R. SPELGER, & | am an attorney duly licensed to practice before all courts of the State of California. 2. I am employed by the Community Law Center, for Randal Whitecotton, the Attorney of Record for Plaintiffs, Raul Gomez in the lawsuit referenced above. 3. | have first-hand knowledge of the facts stated herein and if called to testify | am competent and willing to so testify. 4. | hereby certify that the following information is true and correct to my knowledge and as set forth by the evidence. 5. After Defendant Villareal’s demurer to the Complaint, the Complaint was amended, wherein only the 3 of the 5 causes of action, are alleged against Defendant Villareal, for: (1). Tortuous Interference with Contractual Relationships; (2) Quasi Contract; and (3). Common Counts (Money had and received). The Court overruled Defendant’s demurrer to the 2" Amended Complaint. 6. ‘Sometime after May 24, 2017, Defendant Villareal propounded: 66 Special Interrogatories (a true and correct copy of those special interrogatories are attached as Exhibit 1), 31 Requests for Admissions (a true and correct copy of those requests for Admissions are attached as Exhibit 2); 22 Requests for Production of Documents (a true and correct copy of those production requests are attached as Exhibit 3) and Form Interrogatories, including number 17.1 (a true and correct copy of those form interrogatories are attached as Exhibit 4). 7 None of the propounded discovery had a proof service attached. 8. On June 28, 2017, Plaintiff requested and was granted an extension in which to respond, to all the propounded discovery, through July 12, 2017. A true and correct copy of the letter memorializing the extension is attached as Exhibit 7. 9. On 27 June 2017, | personally phoned Mr. Bailey at 714 881 5160, regarding meet and confer, as to redundant Special Interrogatories, set 1. Mr. Bailey El Plaintiff Raul Gomez’ Motion for a Protective Order and Request for Sanctions C O M M U N I T Y L A W C E N T E R 70 6 2 16 00 No rt h B r o a d w a y , 10 " Fl oo r, Su it e 10 20 , Sa nt a An a, Ca li fo rn ia 9 10 11 12 13 14 15 16 12 18 19 20 21 22 23 24 25 26 21 28 was not in and | left message, requesting that we meet and confer regarding Defendant’s excess and overbroad discovery. 10. Later that day, | again called Mr. Bailey at 714 881 5160, regarding meet and confer, as to redundant Special Interrogatories, set 1. | was able to speak with Jess (male), who said Mr. Bailey not picking up but will leave message for him to call back. Jess took my telephone number / information 11. | received a phone call back from Mr. Bailey. We discussed the redundancy of Request for Admissions, with Form interrogatory 17.1 and Requests for Production and the same information sought in the Special Interrogatories. | sought to question to each special interrogatory; | also discussed overly broad and all inclusive definition of support, refutes, relates to or reflects. Mr. Bailey said he will review and call back within the hour; 12. | did receive a phone call back from Mr. Bailey. We again had an at length discussion, wherein we agreed that Special Interrogatories, Requests for Admissions (with Form Interrogatory 17.1) and Request for Production, all sought the same information, but the Mr. Bailey asserted that the Special interrogatories are more specific. Mr. Bailey would offer no explanation was to the purpose of 17.1, stating that “I don’t care either way, just bring a motion if you want.” Mr. Bailey further asserted that in criminal court the prosecution was required to provide all exculpatory evidence to the defense and Plaintiff therefore was likewise to provide any and all evidence and information that would refute Plaintiff's case in civil court. Mr. Bailey provided no statutory or case authority regarding his position that Plaintiff was required to refute his own allegations. Additionally, Mr. Bailey refused to limit the special interrogatories, other than taking out the term “support.” Mr. Bailey would not explain how the special interrogatories were not compound and did not seek information as to multiple issues. 13. After the last phone conversation, | drafted, faxed and mailed a letter, regarding our “meet and confer” discussions. In the letter | reiterated Plaintiff's “1B: Plaintiff Raul Gomez’ Motion for a Protective Order and Request for Sanctions C O M M U N I T Y L A W C E N T E R 16 00 No rt h B r o a d w a y , 10 * Fl oo r, Su it e 10 20 , Sa nt a An a, Ca li fo rn ia 92 70 6 No HH Ww oO © 0 0 N N oOo Oo 20 28 position and requested further “meet and confer” as to avoid Court intervention and the filing of this Motion. A true and correct copy of that letter is attached as Exhibit 5. 14. In response, Mr. Bailey sent a letter, on or about 28 June 2017, stating that “...our obligation to engage in the meet and confer process is satisfied.” A true and correct copy of that letter is attached as Exhibit 6. 15. | have spend more than 6 hours drafting this Motion, researching case and statutory law, copying exhibits and this Declaration. My hourly rate is $350.00 which will be borne by Plaintiff. | also anticipate another hour preparing any reply and 1 hours of travel time / attending the Court hearing. The total hours and costs of $60.00 incurred in opposing this Motion is 8 hours, for a total amount of $2,860.00. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed 11 July 2017. at Santa Ana, California. EP Plaintiff Raul Gomez’ Motion for a Protective Order and Request for Sanctions Plaintiffs Gomez’ Motion for a Protective Order Exhibit 1 10 11 12 13 14 15 1% 18 19 20 Zl 22 23 24 25 26 27 28 J eanette Aguierre Loera, and DOES 1-50, |inclusive, 16 | William R. Bailey, State Bar No. 245920 M BaiLey Law CORPORATION AY 30 2017 4000 MacArthur Blvd., Suite 600 Newport Beach, CA 92660 Telephone: 714.881.5160 Facsimile: 888.737.8702 Attorneys for Jeanette Villarreal erroneously identified as Jeanette Aguierre SuperiOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE — CENTRAL JUSTICE CENTER Raul Gomez, Case No. 30-2014-00730339-CU-OR-CJC Plaintiff{(s), SeeciaL INTERROGATORIES, SET ONE (1) TO PraintiFF Raul Gomez; AND DECLARATION OF V. WiLLiam R. BAILEY SurPORTING DEFENDANT'S REQUEST FOR ADDITIONAL Discovery Arturo Loera, also known as Arturo Loera Roman, Henry Loera, also known as Henry Loera Padilla, Jeanette Aguierre, also known as Defendant(s). PROPOUNDING PARTY: Defendant, JEANETTE VILLAREAL, an individual RESPONDING PARTY : Plaintiff, RAUL GOMEZ SET NUMBER : ONE Defendant, JEANETTE VILLAREAL, an individual [hereafter “VILLAREAL”] hereby requests that Plaintiff, RAUL GOMEZ [hereafter “PLAINTIFF”] pursuant to Code of Civil Procedure §2030.030 et al fully and separately answer the within interrogatories in writing and under oath within thirty (30) days of service (as adjusted for service method pursuant to Code of Civil Procedure). SpeciaL INTERROGATORIES, SET ONE (1) Pace 1 or 11 10 11 12 13 14 15 16 17 18 19 20 21 22 25 25 26 2% 28 | DEFINITIONS 1. As used herein, the word “DOCUMENT” or “DOCUMENTS” means any kind of written, typewritten printed, or recorded material whatsoever, including but not limited to, any notes, memoranda, electronic mail or “e-mail,” meeting minutes, charges, complaints, claims, affidavits, statements, papers, files, forms, data, and/or video tapes, printouts, letters, reports, communications, contracts agreements, telegrams, records, correspondence, diaries, calendars, logs, recordings, and transcriptions of recordings, information retrievable from computers, photographs, diagrams, or any other writing, however produced or reproduced, and further includes, without limitation, originals, all file copies, all other copies, no matter how prepared, and all drafts prepared in connection with such DOCUMENTS whether or not used, within the possession, custody, and/or control of PLAINTIFF or his/her/its agents, attorneys, physicians, psychiatrists, psychologists, counselors, and/or any other |persons who may act on its behalf. The term shall also include the definition of the word “document” in Section 250 of the California Evidence Code. 2 “VILLAREAL” refers to defendant, Jeanette Villareal (erroneously named as Jeanette Aguierre) and/or to any past or present attorneys, employees and/or agents thereof and any individual or entity acting on any of their behalf. 34 “YOU,” “YOUR,” and “PLAINTIFF” refers to plaintiff Raul Gomez and/or to any past \ or present attorneys, employees and/or agents of PLAINTIFF, and any individual or entity acting on its | behalf. 4, “COMMUNICATE” and “COMMUNICATION(S)” mean and include any meeting, conference, face-to-face conversation, telephone conversation, or conference or communication used by any media, including computer e-mail, or any other computerized electronic communications, as well las any written, typed, taped, or recorded communication of any kind whatsoever. 27 | 3, The term “CONCERNING” shall mean concerning, constituting, evidencing, SpeciAL INTERROGATORIES, SET ONE (1) Pace 2 oF 11 10 11 12 13 14 15 | 17 18 19 20 21 | 22 | 23 24 25 26 | 27 28 | supporting, refuting, relating to, or touching upon in any way. 6. The term “COMPLAINT” shall mean the Second Amended Complaint in Case No. 30- 2014-00730339-CU-OR-CJC, as deemed filed and served by YOU on May 5, 2017 pursuant to Court Order. SPECIAL INTERROGATORIES . State all facts which support, refute, relate to or reflect upon any contention of fact by PLAINTIFF from paragraph 3 in the subject COMPLAINT. Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact by PLAINTIFF from paragraph 3 in the subject COMPLAINT. State the names, addresses, and telephone numbers of all persons who have knowledge of the facts underlying any contention of fact by PLAINTIFF from paragraph 3 in the subject COMPLAINT. State all facts which support, refute, relate to or reflect upon any contention of fact by PLAINTIFF from paragraph 11 in the subject COMPLAINT. Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact by PLAINTIFF from paragraph 11 in the subject COMPLAINT. State the names, addresses, and telephone numbers of all persons who have knowledge of the facts underlying any contention of fact by PLAINTIFF from paragraph 11 in the subject COMPLAINT. State all facts which support, refute, relate to or reflect upon any contention of fact by PLAINTIFF from paragraph 14 in the subject COMPLAINT. Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact by PLAINTIFF from paragraph 14 in the subject COMPLAINT. State the names, addresses, and telephone numbers of all persons who have knowledge of the SeeciaL INTERROGATORIES, SET ONE (1) Pace 3 or 11 10 11 | 12 13 14 be 16 17 18 | 19 20 21 22 | 24 25 26 | 27 | 28 10. 11. 12. 13. 14. 13, 16. 17. 18. 19. 20. facts underlying any contention of fact by PLAINTIFF from paragraph 14 in the subject COMPLAINT. State all facts which support, refute, relate to or reflect upon any contention of fact by PLAINTIFF from paragraph 22 in the subject COMPLAINT. Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact by PLAINTIFF from paragraph 22 in the subject COMPLAINT. State all facts which support, refute, relate to or reflect upon any contention of fact by PLAINTIFF from paragraph 28 in the subject COMPLAINT. Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact by PLAINTIFF from paragraph 28 in the subject COMPLAINT. State the names, addresses, and telephone numbers of all persons who have knowledge of the facts underlying any contention of fact by PLAINTIFF from paragraph 28 in the subject COMPLAINT. State all facts which support, refute, relate to or reflect upon any contention of fact by PLAINTIFF from paragraph 29 in the subject COMPLAINT. Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact by PLAINTIFF from paragraph 29 in the subject COMPLAINT. State the names, addresses, and telephone numbers of all persons who have knowledge of the facts underlying any contention of fact by PLAINTIFF from paragraph 29 in the subject COMPLAINT. State all facts which support, refute, relate to or reflect upon any contention of fact by PLAINTIFF from paragraph 32 in the subject COMPLAINT. Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact by PLAINTIFF from paragraph 32 in the subject COMPLAINT. State the names, addresses, and telephone numbers of all persons who have knowledge of the facts underlying any contention of fact by PLAINTIFF from paragraph 32 in the subject SeeciaL INTERROGATORIES, SET ONE (1) Pace 4 oF 11 10 11 12 13 14 16 17 18 20 | 21 ; 22 23 24 25 | 26 | 27 | 28 | 21. 22, 23. 24. 23. 26. 21 28. 29. 30. 31, COMPLAINT. State all facts which support, refute, relate to or reflect upon any contention of fact by PLAINTIFF from paragraph 33 in the subject COMPLAINT. Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact by PLAINTIFF from paragraph 33 in the subject COMPLAINT. State the names, addresses, and telephone numbers of all persons who have knowledge of the facts underlying any contention of fact by PLAINTIFF from paragraph 33 in the subject COMPLAINT. State all facts which support, refute, relate to or reflect upon any contention of fact by PLAINTIFF from paragraph 34 in the subject COMPLAINT. Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact by PLAINTIFF from paragraph 34 in the subject COMPLAINT. State the names, addresses, and telephone numbers of all persons who have knowledge of the facts underlying any contention of fact by PLAINTIFF from paragraph 34 in the subject COMPLAINT. State all facts which support, refute, relate to or reflect upon any contention of fact by PLAINTIFF from paragraph 35 in the subject COMPLAINT. Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact by PLAINTIFF from paragraph 35 in the subject COMPLAINT. State the names, addresses, and telephone numbers of all persons who have knowledge of the facts underlying any contention of fact by PLAINTIFF from paragraph 35 in the subject COMPLAINT. State all facts which support, refute, relate to or reflect upon any contention of fact by PLAINTIFF from paragraph 38 in the subject COMPLAINT. Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact by PLAINTIFF from paragraph 38 in the subject COMPLAINT. SpeciAL INTERROGATORIES, SET ONE (1) Pace 5 oF 11 10 11 12 13 14 15 16 17 18 18 20 21 22 23 24 | 25 | 27 28 26 | 32. 33. 34. 33, 36. al. 38. 39. 40. 41. 42. State the names, addresses, and telephone numbers of all persons who have knowledge of the facts underlying any contention of fact by PLAINTIFF from paragraph 38 in the subject COMPLAINT. State all facts which support, refute, relate to or reflect upon any contention of fact by PLAINTIFF from paragraph 45 in the subject COMPLAINT. Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact by PLAINTIFF from paragraph 45 in the subject COMPLAINT. State the names, addresses, and telephone numbers of all persons who have knowledge of the facts underlying any contention of fact by PLAINTIFF from paragraph 45 in the subject COMPLAINT. State all facts which support, refute, relate to or reflect upon any contention of fact by PLAINTIFF from paragraph 46 in the subject COMPLAINT. Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact by PLAINTIFF from paragraph 46 in the subject COMPLAINT. State the names, addresses, and telephone numbers of all persons who have knowledge of the facts underlying any contention of fact by PLAINTIFF from paragraph 46 in the subject COMPLAINT. State all facts which support, refute, relate to or reflect upon any contention of fact by PLAINTIFF from paragraph 48 in the subject COMPLAINT. Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact by PLAINTIFF from paragraph 48 in the subject COMPLAINT. State the names, addresses, and telephone numbers of all persons who have knowledge of the facts underlying any contention of fact by PLAINTIFF from paragraph 48 in the subject COMPLAINT. State all facts which support, refute, relate to or reflect upon any contention of fact by PLAINTIFF from paragraph 52 in the subject COMPLAINT. SpeciaL INTERROGATORIES, SET ONE (1) Pace 6 oF 11 10 11 12 13 14 16 17 18 19 20 21 22 | 23 24 | 25 | 26 | 27 | 28 | 15 | 43. 44. 45. 46. 47. 48. 49. 50. 31s 52. 35 Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact by PLAINTIFF from paragraph 52 in the subject COMPLAINT. State the names, addresses, and telephone numbers of all persons who have knowledge of the facts underlying any contention of fact by PLAINTIFF from paragraph 52 in the subject COMPLAINT. State all facts which support, refute, relate to or reflect upon any contention of fact by PLAINTIFF from paragraph 53 in the subject COMPLAINT. Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact by PLAINTIFF from paragraph 53 in the subject COMPLAINT. State the names, addresses, and telephone numbers of all persons who have knowledge of the facts underlying any contention of fact by PLAINTIFF from paragraph 53 in the subject COMPLAINT. State all facts which support, refute, relate to or reflect upon any contention of fact by PLAINTIFF from paragraph 59 in the subject COMPLAINT. Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact by PLAINTIFF from paragraph 59 in the subject COMPLAINT. State the names, addresses, and telephone numbers of all persons who have knowledge of the facts underlying any contention of fact by PLAINTIFF from paragraph 59 in the subject COMPLAINT. State all facts which support, refute, relate to or reflect upon any contention of fact by PLAINTIFF from paragraph 71 in the subject COMPLAINT. Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact by PLAINTIFF from paragraph 71 in the subject COMPLAINT. State the names, addresses, and telephone numbers of all persons who have knowledge of the facts underlying any contention of fact by PLAINTIFF from paragraph 71 in the subject COMPLAINT. SeeciaL INTERROGATORIES, SET ONE (1) Pace 7 or 11 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 | 26 | } 28 54. 55. 56. 57. 58. 29, 60. 61. 62. State all facts which support, refute, relate to or reflect upon any contention of fact in YOUR cause of action for Tortuous Interference With Contractual Relationships (from paragraph 75 to paragraph 82) in the subject COMPLAINT. Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact YOUR cause of action for Tortuous Interference With Contractual Relationships (from paragraph 75 to paragraph 82) in the subject COMPLAINT. State the names, addresses, and telephone numbers of all persons who have knowledge of the facts underlying any contention of fact YOUR cause of action for Tortuous Interference With Contractual Relationships (from paragraph 75 to paragraph 82) in the subject COMPLAINT. State all facts which support, refute, relate to or reflect upon any contention of fact in YOUR cause of action for Quasi-Contract (from paragraph 112 to paragraph 119) in the subject COMPLAINT. Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact YOUR cause of action for Quasi-Contract (from paragraph 112 to paragraph 119) in the subject COMPLAINT. State the names, addresses, and telephone numbers of all persons who have knowledge of the facts underlying any contention of fact YOUR cause of action for Quasi-Contract (from paragraph 112 to paragraph 119) in the subject COMPLAINT. State all facts which support, refute, relate to or reflect upon any contention of fact in YOUR cause of action for Common Counts: Money Had and Received (from paragraph 120 to paragraph 124) in the subject COMPLAINT. Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact YOUR cause of action for Common Counts: Money Had and Received (from paragraph 120 to paragraph 124) in the subject COMPLAINT. State the names, addresses, and telephone numbers of all persons who have knowledge of the facts underlying any contention of fact YOUR cause of action for Common Counts: Money Had Special INTERROGATORIES, SET ONE (1) Pace 8 or 11 10 11 12 13 15 16 17 18 19 20 21 29 23 24 25 26 21 28 63. 64. 65. 66. DATED: and Received (from paragraph 120 to paragraph 124) in the subject COMPLAINT. State all facts which support, refute, relate to or reflect upon YOUR agreement in 2007 to be responsible for all refinancing fees for the real property at 15912 Rostrata Avenue, Buena Park, California 90621. State all facts which support, refute, relate to or reflect upon YOUR financial situation in 2007 at the time the real property at 15912 Rostrata Avenue, Buena Park, California 90621 was being refinanced. State all facts which support, refute, relate to or reflect upon YOUR made or contributed to any payments for loans secured against the real property at issue in this lawsuit between July 1, 1999, and December 31, 2014. Identify each DOCUMENT that supports, refutes, relates to or reflects upon any contention of fact that YOU made or contributed to any payments for loans secured against the real property at issue in this lawsuit between July 1, 1999, and December 31, 2014. May 24, 2017 BaiLey Law CORPORATION Him SE ATTORNEYS FOR DEFENDANT Special INTERROGATORIES, SET ONE (1) Pace 9 or 11 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Declaration of William R. Bailey Supporting Defendants Request for Additional Discovery I, William R. Bailey, declare as follows: 5 ['am a member in good standing of the State Bar of California and a principal attorney of] the Bailey Law Corporation, attorneys of record for Defendants in this action. 2. Unless otherwise stated, I have personal knowledge of the facts contained herein. If called as a witness to testify, I could and would competently testify to each of the facts set forth herein 3. I am propounding to Plaintiff the attached set of special interrogatories. ES This set of interrogatories will cause the total number of special interrogatories propounded to the party to whom they are directed to exceed the number permitted by Code of Civil Procedure §2030.030. 5. I have previously propounded a total of zero special interrogatories to this party. 6. This set of special interrogatories contains a total of 95 specially prepared interrogatories. To I'am familiar with the issues and previous discovery conducted by all the parties in this case. 8. I have personally examined each of the interrogatories in this set of special interrogatories. 9, This number of questions is warranted under Code of Civil Procedure §2030.040 because of the large number of allegations in the Plaintiff's complaint and the complexity of the matters as alleged. I 11 I Special INTERROGATORIES, SET ONE (1) Pace 10 or 11 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 10. None of the questions in this set of special interrogatories is being propounded for any improper purpose, such as to harass the party or the attorney for the party to whom it is directed or to cause unnecessary delay or needless increase in the cost of litigation. I declare under penalty of perjury under the laws of California that the foregoing is true and correct. Datep: May 24, 2017 TZ WiLLIAM AILEY, ATTORNEY FOR DEFENDANT Special INTERROGATORIES, SET ONE (1) Pace 11 or 11 Plaintiffs Gomez’ Motion for a Protective Order Exhibit 2 10 11 12 13 14 I5 16 17 18 19 20 21 22 23 24 235 26 27 | 28 | William R. Bailey, State Bar No. 245920 BaiLey Law CORPORATION 4000 MacArthur Blvd., Suite 600 Newport Beach, CA 92660 Telephone: 714.881.5160 MAY 30 2017 Facsimile: 888.737.8702 Attorneys for Jeanette Villarreal erroneously identified as Jeanette Aguierre SupERIOR COURT OF THE STATE OF CALIFORNIA FOR THE County OF ORANGE — CENTRAL JUSTICE CENTER Raul Gomez, Case No. 30-2014-00730339-CU-OR-CJC Plaintiff(s), REQUEST FOR Apmissions, SET ONE (1) To Vv. Prater RauL Gomez Arturo Loera, also known as Arturo Loera Roman, Henry Loera, also known as Henry Loera Padilla, Jeanette Aguierre, also known as Jeanette Aguierre Loera, and DOES 1-50, inclusive, Defendant(s). PROPOUNDING PARTY: Defendant, JEANETTE VILLAREAL, an individual RESPONDING PARTY : Plaintiff, RAUL GOMEZ SET NUMBER : ONE Defendant, JEANETTE VILLAREAL, an individual [hereafter “VILLAREAL”] hereby requests that Plaintiff, RAUL GOMEZ [hereafter “PLAINTIFF”] pursuant to Code of Civil Procedure §2033.010 et al. after a reasonable inquiry and/or investigation, fully and separately answer the substance of each of the following Requests for Admission within thirty (30) days of service (as adjusted for service method pursuant to Code of Civil Procedure). ReqQuEsT FOR Apmissions, SET OnE (1) Pace 1 oF 5 10 11 3 13 14 15 16 17 18 19 20 | 21 22 | 23 24 25 26 | 77 5 REQUESTS FOR ADMISSION . Admit that you have no information to support any contention of fact from Paragraph 14 of the operative Complaint that “Defendants, and each of them, knowingly and willfully conspired, engaged in a common enterprise and course of conduct to accomplish the wrong doings complained herein.” . Admit that you have no information to support any contention of fact from Paragraph 14 of the operative Complaint that “The purpose and effect of the conspiracy, common enterprise, and course of conduct was, inter alia, to financially benefit Defendants at Plaintiff's expense by engaging in fraudulent activities by misrepresenting and concealing material information regarding the transfers and servicing of the loan.” . Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 28 of PLAINTIFF's operative Complaint. . Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 30 of PLAINTIFF's operative Complaint. . Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 33 of PLAINTIFF's operative Complaint. . Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 34 of PLAINTIFF's operative Complaint. . Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 35 of PLAINTIFF's operative Complaint. . Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 38 of PLAINTIFF's operative Complaint. . Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 45 of PLAINTIFF's operative Complaint. REQUEST FOR Abmissions, SET ONE (1) PaGE 2 OF 5 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 | 27 | 28 | 10. 11 12, 13 14. 18. 16. Lh 18. 19. 20. 21. Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 46 of PLAINTIFF's operative Complaint. . Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 47 of PLAINTIFF's operative Complaint. Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 48 of PLAINTIFF's operative Complaint. . Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 52 of PLAINTIFF's operative Complaint. Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 53 of PLAINTIFF's operative Complaint. Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 54 of PLAINTIFF's operative Complaint. Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 66 of PLAINTIFF's operative Complaint. Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 71 of PLAINTIFF's operative Complaint. Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 72 of PLAINTIFF's operative Complaint. Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 74 of PLAINTIFF's operative Complaint. Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 75 of PLAINTIFF's operative Complaint. Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 80 REQUEST FOR Abpmissions, SET ONE (1) PAGE 3 OF 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 | 2 | 27 | 28 { 1 1 22. 23; 24. 23. 26. - 28. 29. 30. of PLAINTIFF's operative Complaint. Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 85 of PLAINTIFF's operative Complaint. Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 87 of PLAINTIFF's operative Complaint. Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 88 of PLAINTIFF's operative Complaint. Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 93 of PLAINTIFF's operative Complaint. Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 98 of PLAINTIFF's operative Complaint. Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 105 of PLAINTIFF's operative Complaint. Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 107 of PLAINTIFF's operative Complaint. Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 114 of PLAINTIFF's operative Complaint. Admit that PLAINTIFF has no information to support any contention of fact from Paragraph 121 of PLAINTIFF's operative Complaint. REQUEST FOR Apmissions, SET OnE (1) Page 4 oF 5 10 11 12 13 14 15 16 17 18 3 20 21 22 23 24 25 26 i 28 31. Admit that PLAINTIFF's claim to funds from VILLAREAL's 2014 sale of the real property at 15912 Rostrata Avenue, Buena Park, California 90621 is based on an alleged oral agreement. DatTep: May 24, 2017 BaiLey Law CORPORATION WiLLIAM AILEY, ATTORNEYS FOR DEFENDANT REQUEST FOR AbMmissions, SET ONE (1) Pace 5 oF 5 Plaintif’s Gomez’ Motion for a Protective Order Exhibit 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 | 24 25 26 27 28 William R. Bailey, State Bar No. 245920 BarLey Law CORPORATION MAY 30 2017 4000 MacArthur Blvd., Suite 600 Newport Beach, CA 92660 Telephone: 714.881.5160 Facsimile: ~~ 888.737.8702 Attorneys for Jeanette Villarreal erroneously identified as Jeanette Aguierre SupERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE — CENTRAL JUSTICE CENTER Raul Gomez, Case No. 30-2014-00730339-CU-OR-CJC Plaintiffs), REQUEST FOr PrODUCTION OF DOCUMENTS, SET ONE \2 (1) To PrantiFy RauL Gomez Arturo Loera, also known as Arturo Loera Roman, Henry Loera, also known as Henry Loera Padilla, Jeanette Aguierre, also known as Jeanette Aguierre Loera, and DOES 1-50, inclusive, Defendant(s). PROPOUNDING PARTY: Defendant, JEANETTE VILLAREAL, an individual RESPONDING PARTY : Plaintiff, RAUL GOMEZ SET NUMBER : ONE Defendant, JEANETTE VILLAREAL, an individual [hereafter “VILLAREAL”] hereby requests that Plaintiff, RAUL GOMEZ [hereafter “PLAINTIFF”] pursuant to Code of Civil Procedure §2031.010 et al. after a reasonable inquiry and/or investigation, produce the following documents within thirty (30) days of service (as adjusted for service method pursuant to Code of Civil Procedure). | RequEsT For Probuction oF Documents, SET ONE (1) Pace 1 oF 6 10 11 12 14 15 16 1% 18 19 20 21 22 23 24 25 26 27 28 DEFINITIONS 1. As used herein, the word “DOCUMENT” or “DOCUMENTS” means any kind of written, typewritten printed, or recorded material whatsoever, including but not limited to, any notes, memoranda, electronic mail or “e-mail,” meeting minutes, charges, complaints, claims, affidavits, statements, papers, files, forms, data, and/or video tapes, printouts, letters, reports, communications, contracts agreements, telegrams, records, correspondence, diaries, calendars, logs, recordings, and transcriptions of recordings, information retrievable from computers, photographs, diagrams, or any other writing, however produced or reproduced, and further includes, without limitation, originals, all file copies, all other copies, no matter how prepared, and all drafts prepared in connection with such DOCUMENTS whether or not used, within the possession, custody, and/or control of PLAINTIFF or his/her/its agents, attorneys, physicians, psychiatrists, psychologists, counselors, and/or any other persons who may act on its behalf. The term shall also include the definition of the word “document” in Section 250 of the California Evidence Code. 2 “VILLAREAL? refers to defendant, Jeanette Villareal (erroneously named as Jeanette Aguierre) and/or to any past or present attorneys, employees and/or agents thereof and any individual or entity acting on any of their behalf. 3. “YOU,” “YOUR,” and “PLAINTIFF” refers to plaintiff Raul Gomez and/or to any past or present attorneys, employees and/or agents of PLAINTIFF, and any individual or entity acting on its behalf. 4. “COMMUNICATE” and “COMMUNICATION(S)” mean and include any meeting, conference, face-to-face conversation, telephone conversation, or conference or communication used by any media, including computer e-mail, or any other computerized electronic communications, as well as any written, typed, taped, or recorded communication of any kind whatsoever. 5, The term “CONCERNING” shall mean concerning, constituting, evidencing, supporting, refuting, relating to, or touching upon in any way. REequEsT FOR PRODUCTION OF Documents, SET OnE (1) Pace 2 oF 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. The term “COMPLAINT” shall mean the Second Amended Complaint in Case No. 30- 2014-00730339-CU-OR-CJC, as deemed filed and served by YOU on May 5, 2017 pursuant to Court Order. DOCUMENTS WITHHELD If any DOCUMENT is withheld under a claim of privilege or other protection, so as to aid the Court and the parties hereto to determine the validity of the claim of privilege or other protection, please provide the following information with respect to any such DOCUMENT: 1. The identity of the person(s) who prepared the DOCUMENT, who signed it, and under whose name it was sent or issued; 2. The identity of the person(s) to whom the DOCUMENT was directed; 3. The nature and substance of the DOCUMENT with sufficient particularity to enable the Court and parties hereto to identify the DOCUMENT; 4, The date of the DOCUMENT; 3 The identity of the person(s) having custody of or control over the DOCUMENT and each copy thereof; 6. The identity of each person to whom copies of the DOCUMENT were furnished; 3s The number of pages of the DOCUMENT; 8. The basis on which any privilege or other protection is claimed; and 9. Whether any non-privileged or non-protected matter is included in the DOCUMENT. PARTIAL PRODUCTION Whenever YOU object to a particular demand, or portion thereof, YOU must produce all DOCUMENTS called for which are not subject to that objection. Similarly, wherever a DOCUMENT REQUEST FOR PRODUCTION OF Documents, SET ONE (1) Pace 3 oF 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 is not produced in full, please state with particularity the reason or reasons it is not being produced in full, and describe, to the best of YOUR knowledge, information and belief, and with as much particularity as possible, those portions of the DOCUMENT which are not produced. ORDERLY RESPONSE. Wherever it is reasonably practicable, please produce DOCUMENTS in such a manner as will facilitate their identification with the particular demand or category of demands to which they are responsive. CONSTRUCTION OF “AND” AND “OR”. As used herein, the words “and * and “or” shall be construed both conjunctively and disjunctively, and each shall include the other wherever such dual construction will serve to bring within the scope of this Demand any DOCUMENT which would otherwise not be brought within its scope. CONSTRUCTION OF THE SINGULAR AND PLURAL FORMS. As used herein, the singular form shall include the plural and vice versa wherever such dual construction will serve to bring within the scope of this Demand any DOCUMENT which would not otherwise be brought within. REQUESTS FOR PRODUCTION 1. Any and all DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any any contention of fact by PLAINTIFF from paragraph 3 in the subject COMPLAINT. 2. Any and all DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any any contention of fact by PLAINTIFF from paragraph 11 in the subject COMPLAINT. 3. Any and all DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any contention of fact by PLAINTIFF from paragraph 14 in the subject COMPLAINT. 4. Any and all DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any REQuEsT FOr PropUCTION OF Documents, SET ONE (1) PAGE 4 oF 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. Li. 12. 13. 14. 15 contention of fact by PLAINTIFF from paragraph 22 in the subject COMPLAINT. Any and all DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any contention of fact by PLAINTIFF from paragraph 28 in the subject COMPLAINT. Any and all DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any contention of fact by PLAINTIFF from paragraph 29 in the subject COMPLAINT. Any and all DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any contention of fact by PLAINTIFF from paragraph 32 in the subject COMPLAINT. Any and all DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any contention of fact by PLAINTIFF from paragraph 33 in the subject COMPLAINT. Any and all DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any contention of fact by PLAINTIFF from paragraph 35 in the subject COMPLAINT. Any and all DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any contention of fact by PLAINTIFF from paragraph 38 in the subject COMPLAINT. Any and all DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any contention of fact by PLAINTIFF from paragraph 45 in the subject COMPLAINT. Any and all DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any contention of fact by PLAINTIFF from paragraph 48 in the subject COMPLAINT. Any and all DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any contention of fact by PLAINTIFF from paragraph 48 in the subject COMPLAINT. Any and all DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any contention of fact by PLAINTIFF from paragraph 52 in the subject COMPLAINT. . Any and all DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any contention of fact by PLAINTIFF from paragraph 53 in the subject COMPLAINT. REQUEST FOR PRODUCTION OF Documents, SET ONE (1) PAGE 5 oF 6 10 11 13 14 15 16 Ld 18 19 20 21 22 23 24 23 16. 17. 18. 18. 20. als 22 DateD: Any and all DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any contention of fact by PLAINTIFF from paragraph 59 in the subject COMPLAINT. Any and all DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any contention of fact by PLAINTIFF from paragraph 71 in the subject COMPLAINT. Any and all DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any contention of fact by PLAINTIFF in YOUR cause of action for Tortuous Interference with Contractual Relationships (from paragraph 75 to paragraph 82) in the subject COMPLAINT. Any and all DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any contention of fact by PLAINTIFF in YOUR cause of action for Quasi-Contract (from paragraph 112 to paragraph 119) in the subject COMPLAINT. Any and all DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any contention of fact by PLAINTIFF in YOUR cause of action forCommon Counts: Money Had and Received (from paragraph 120 to paragraph 124) in the subject COMPLAINT. Any and all receipts, canceled checks, bank statements, or other DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any payment by PLAINTIFF towards any loan secured against the real property at 15912 Rostrata Avenue, Buena Park, California 90621 between May 27, 1999 and February 27, 2014. Any and all receipts, canceled checks, bank statements, or other DOCUMENTS in the custody, care, or control of PLAINTIFF CONCERNING any capital improvements by PLAINTIFF to the real property at 15912 Rostrata Avenue, Buena Park, California 90621 between May 27, 1999 and February 27, 2014. May 24,2017 BaiLey Law CORPORATION wm ATTORNEYS FOR DEFENDANT REQUEST FOR ProbucTtion oF Documents, Ser OnE (1) PAGE 6 oF 6 Plaintiffs Gomez’ Motion for a Protective Order Exhibit 4 DISC-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): William R. Bailey, State Bar No. 245920 |__ Bailey Law Corporation 4000 MacArthur Blvd., Suite 600 Newport Beach, CA 92660 TELEPHONE NO.: 714.881.5160 FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Jeanette Villareal erroneously named as Jeanette Aguirre MAY 20 2017 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE SHORT TITLE OF CASE: Gomez v Loera, et al. Asking Party: Jeanette Villareal Answering Party: Raul Gomez Set No.: One (1) FORM INTERROGATORIES—GENERAL CASE NUMBER: 30-2014-00730339-CU-OR-CJC Sec. 1. Instructions to All Parties (a) Interrogatories are written questions prepared by a party to an action that are sent to any other party in the action to be answered under oath. The interrogatories below are form interrogatories approved for use in civil cases. (b) For time limitations, requirements for service on other parties, and other details, see Code of Civil Procedure sections 2030.010-2030.410 and the cases construing those sections. (c) These form interrogatories do not change existing law relating to interrogatories nor do they affect an answering party's right to assert any privilege or make any objection. Sec. 2. Instructions to the Asking Party (a) These interrogatories are designed for optional use by parties in unlimited civil cases where the amount demanded exceeds $25,000. Separate interrogatories, Form Interrogatories—Limited Civil Cases (Economic Litigation) (form DISC-004), which have no subparts, are designed for use in limited civil cases where the amount demanded is $25,000 or less; however, those interrogatories may also be used in unlimited civil cases. (b) Check the box next to each interrogatory that you want the answering party to answer. Use care in choosing those interrogatories that are applicable to the case. (c) You may insert your own definition of INCIDENT in Section 4, but only where the action arises from a course of conduct or a series of events occurring over a period of time. (d) The interrogatories in section 16.0, Defendant's Contentions—Personal Injury, should not be used until the defendant has had a reasonable opportunity to conduct an investigation or discovery of 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. Form Approved for Optional Use Judicial Council of California DISC-001 [Rev. January 1, 2008] (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. (9) Ifyou 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: | declare under penalty of perjury under the laws of the State of California that the foregoing answers are true and correct. FORM INTERROGATORIES—GENERAL (DATE) (SIGNATURE) Sec. 4. Definitions Words in BOLDFACE CAPITALS in these interrogatories are defined as follows: (a) (Check one of the following): L/] (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 Code of Civil Procedure, §§ 2030.010-2030.410, 2033.710 www.courtinfo.ca.gov [] (2) INCIDENT means (insert your definition here or on a separate, attached sheet labeled “Sec. 4(a)(2)"): (b) YOU OR ANYONE ACTING ON YOUR BEHALF includes you, your agents, your employees, your insurance companies, their agents, their employees, your attorneys, your accountants, your investigators, and anyone else acting on your behalf. (c) PERSON includes a natural person, firm, association, organization, partnership, business, trust, limited liability company, corporation, or public entity. (d) DOCUMENT means a writing, as defined in Evidence Code section 250, and includes the original or a copy of handwriting, typewriting, printing, photostats, photographs, electronically stored information, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them. (e) HEALTH CARE PROVIDER includes any PERSON referred to in Code of Civil Procedure section 667.7 (e)(3). (f) ADDRESS means the street address, including the city, state, and zip code. Sec. 5. Interrogatories The following interrogatories have been approved by the Judicial Council under Code of Civil Procedure section 2033.710: CONTENTS 1.0 Identity of Persons Answering These Interrogatories 2.0 General Background Information—Individual 3.0 General Background Information—Business Entity 4.0 Insurance 5.0 [Reserved] 6.0 Physical, Mental, or Emotional Injuries 7.0 Property Damage 8.0 Loss of Income or Earning Capacity 9.0 Other Damages 10.0 Medical History 11.0 Other Claims and Previous Claims 12.0 Investigation—General 13.0 Investigation—Surveillance 14.0 Statutory or Regulatory Violations 15.0 Denials and Special or Affirmative Defenses 16.0 Defendant's Contentions Personal Injury 17.0 Responses to Request for Admissions 18.0 [Reserved] 19.0 [Reserved] 20.0 How the Incident Occurred—Motor Vehicle 25.0 [Reserved] 30.0 [Reserved] 40.0 [Reserved] 50.0 Contract 60.0 [Reserved] 70.0 Unlawful Detainer [See separate form DISC-003] 101.0 Economic Litigation [See separate form DISC-004] 200.0 Employment Law [See separate form DISC-002] Family Law [See separate form FL-145] : DISC-001 1.0 Identity of Persons Answering These Interrogatories 1 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 1 2.1 State: (a) your name; (b) every name you have used in the past; and (c) the dates you used each name. 1 2.2 State the date and place of your birth. 1 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. [/] 2.4 Atthe time of the INCIDENT, did you have any other permit or license for the operation of a motor vehicle? If so, state: (a) the state or other issuing entity; (b) the license number and type; (c) the date of issuance; and (d) all restrictions. [¥] 2.5 state: (a) your present residence ADDRESS; (b) your residence ADDRESSES for the past five years; and (c) the dates you lived at each ADDRESS. ] 2.6 State: (a) the name, ADDRESS, and telephone number of your present employer or place of self-employment; and (b) the name, ADDRESS, dates of employment, job title, and nature of work for each employer or self-employment you have had from five years before the INCIDENT until today. ] 2.7 State: (a) the name and ADDRESS of each school or other academic or vocational institution you have attended, beginning with high school; (b) the dates you attended; (c) the highest grade level you have completed; and (d) the degrees received. 1 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. V4 2.9 Can you speak English with ease? If not, what language and dialect do you normally use? 1 2.10 Can you read and write English with ease? If not, what language and dialect do you normally use? DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 2 of 8 ] 2.11 Atthe time of the INCIDENT were you acting as an agent or employee for any PERSON? If so, state: (a) the name, ADDRESS, and telephone number of that PERSON: and (b) a description of your duties. 2.12 At the time of the INCIDENT did you or any other person have any physical, emotional, or mental disability or condition that may have contributed to the occurrence of the INCIDENT? If so, for each person state: (a) the name, ADDRESS, and telephone number; (b) the nature of the disability or condition; and (c) the manner in which the disability or contributed to the occurrence of the INCIDENT. condition 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 (9) the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER who prescribed or furnished the substance and the condition for which it was prescribed or furnished. 3.0 General Background Information—Business Entity [] 0 3.1 Are you a corporation? If so, state: (a) the name stated in the current articles of incorporation; (b) all other names used by the corporation during the past 10 years and the dates each was used; (c) the date and place of incorporation; (d) the ADDRESS of the principal place of business; and (e) whether you are qualified to do business in California. 3.2 Are you a partnership? If so, state: (a) the current partnership name; (b) all other names used by the partnership during the past 10 years and the dates each was used; (c) whether you are a limited partnership and, if so, under the laws of what jurisdiction; (d) the name and ADDRESS of each general partner; and (e) the ADDRESS of the principal place of business. 3.3 Are you a limited liability company? If so, state: (a) the name stated in the current articles of organization; (b) all other names used by the company during the past 10 years and the date each was used; (c) the date and place of filing of the articles of organization; (d) the ADDRESS of the principal place of business; and (e) whether you are qualified to do business in California. DISC-001 Ed 3.4 Are you a joint venture? If so, state: (a) the current joint venture name; (b) all other names used by the joint venture during the past 10 years and the dates each was used; (c) the name and ADDRESS of each joint venturer; and (d) the ADDRESS of the principal place of business. 3.5 Are you an unincorporated association? If so, state: (a) the current unincorporated association name; (b) all other names used by the unincorporated association during the past 10 years and the dates each was used: and (c) the ADDRESS of the principal place of business. 3.6 Have you done business under a fictitious name during the past 10 years? If so, for each fictitious name state: (a) the name; (b) the dates each was used; (c) the state and county of each fictitious name filing; and (d) the ADDRESS of the principal place of business. 3.7 Within the past five years has any public entity regis- tered or licensed your business? If so, for each license or registration: (a) identify the license or registration; (b) state the name of the public entity; and (c) state the dates of issuance and expiration. 4.0 Insurance V] I] 4.1 Atthe time of the INCIDENT, was there in effect any policy of insurance through which you were or might be insured in any manner (for example, primary, pro-rata, or excess liability coverage or medical expense coverage) for the damages, claims, or actions that have arisen out of the INCIDENT? If so, for each policy state: (a) the kind of coverage; (b) the name and ADDRESS of the insurance company; (c) the name, ADDRESS, and telephone number of each named insured; (d) the policy number; (e) the limits of coverage for each type of coverage con- tained in the policy; (f) whether any reservation of rights or controversy or coverage dispute exists between you and the insurance company; and (9) the name, ADDRESS, and telephone number of the custodian of the policy. 4.2 Are you self-insured under any statute for the damages, claims, or actions that have arisen out of the INCIDENT? If so, specify the statute. 5.0 [Reserved] 6.0 Physical, Mental, or Emotional Injuries 1 1] 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. DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 3 of 8 1 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. Vv] 6.4 Did you receive any consultation or examination (except from expert witnesses covered by Code of Civil Procedure sections 2034.210-2034.310) or treatment from a HEALTH CARE PROVIDER for any injury you attribute to the INCIDENT? If so, for each HEALTH CARE PROVIDER state: (a) the name, ADDRESS, and telephone number; (b) the type of consultation, examination, or provided; (c) the dates you received consultation, examination, or treatment; and (d) the charges to date. treatment 1 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. 1 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. VY] 6.7 Has any HEALTH CARE PROVIDER advised that you may require future or additional treatment for any injuries that you attribute to the INCIDENT? If so, for each injury state: (a) the name and ADDRESS of each HEALTH CARE PROVIDER; (b) the complaints for which the treatment was advised; and (c) the nature, duration, and estimated cost of the treatment. 7.0 Property Damage EY 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; E BC h d d £1 BF DISC-001 (c) state the amount of damage you are claiming for each item of property and how the amount was calculated; and (d) if the property was sold, state the name, ADDRESS, and telephone number of the seller, the date of sale, and the sale price. 7.2 Has a written estimate or evaluation been made for any item of property referred to in your answer to the preceding interrogatory? If so, for each estimate or evaluation state: (a) the name, ADDRESS, and telephone number of the PERSON who prepared it and the date prepared; (b) the name, ADDRESS, and telephone number of each PERSON who has a copy of it; and (c) the amount of damage stated. 7.3 Has any item of property referred to in your answer to interrogatory 7.1 been repaired? If so, for each item state: (a) the date repaired; (b) a description of the repair; (c) the repair cost; (d) the name, ADDRESS, and telephone number of the PERSON who repaired it; (e) the name, ADDRESS, and telephone number of the PERSON who paid for the repair. Loss of Income or Earning Capacity 8.1 Do you attribute any loss of income or earning capacity to the INCIDENT? (If your answer is “no,” do not answer interrogatories 8.2 through 8.8). 8.2 State: (a) the nature of your work; (b) your job title at the time of the INCIDENT; and (c) the date your employment began. 8.3 State the last date before the INCIDENT that you worked for compensation. 8.4 State your monthly income at the time of the INCIDENT and how the amount was calculated. 8.5 State the date you returned to work at each place of employment following the INCIDENT. 8.6 State the dates you did not work and for which you lost income as a result of the INCIDENT. 8.7 State the total income you have lost to date as a result of the INCIDENT and how the amount was calculated. 8.8 Will you lose income in the future as a result of the INCIDENT? If so, state: (a) the facts upon which you base this contention; (b) an estimate of the amount; (c) an estimate of how long you will be unable to work; and (d) how the claim for future income is calculated. DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 4 of 8 9.0 Other Damages 1 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. 1 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 ] 10.1 At any time before the INCIDENT did you have com- plaints or injuries that involved the same part of your body claimed to have been injured in the INCIDENT? If so, for each state: (a) a description of the complaint or injury; (b) the dates it began and ended; and (c) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER whom you consulted or who examined or treated you. J 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.) OO] 10.3 At any time after the INCIDENT, did you sustain injuries of the kind for which you are now claiming damages? If so, for each incident giving rise to an injury state: (a) the date and the place it occurred; (b) the name, ADDRESS, and telephone number of any other PERSON involved; (c) the nature of any injuries you sustained; (d) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER who you consulted or who examined or treated you; and (e) the nature of the treatment and its duration. 11.0 Other Claims and Previous Claims ] 11.1 Except for this action, in the past 10 years have you filed an action or made a written claim or demand for compensation for your personal injuries? If so, for each action, claim, or demand state: (a) the date, time, and place and location (closest street ADDRESS or intersection) of the INCIDENT giving rise to the action, claim, or demand; (b) the name, ADDRESS, and telephone number of each PERSON against whom the claim or demand was made or the action filed; DISC-001 (c) the court, names of the parties, and case number of any action filed; (d) the name, ADDRESS, and telephone number of any attorney representing you; (e) whether the claim or action has been resolved or is pending; and (f) a description of the injury. 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 (9) the case number at the Workers’ Compensation Appeals Board. 12.0 Investigation—General 1 12.1 State the name, ADDRESS, and telephone number of each individual: (a) who witnessed the INCIDENT or the events occurring immediately before or after the INCIDENT; (b) who made any statement at the scene of the INCIDENT; (c) who heard any statements made about the INCIDENT by any individual at the scene; and (d) who YOU OR ANYONE ACTING ON YOUR BEHALF claim has knowledge of the INCIDENT (except for expert witnesses covered by Code of Civil Procedure section 2034). 122 Have YOU OR ANYONE ACTING ON YOUR BEHALF interviewed any individual concerning the INCIDENT? If so, for each individual state: (a) the name, ADDRESS, and telephone number of the individual interviewed; (b) the date of the interview; and (c) the name, ADDRESS, and telephone number of the PERSON who conducted the interview. 123 Have YOU OR ANYONE ACTING ON YOUR BEHALF obtained a written or recorded statement from any individual concerning the INCIDENT? If so, for each statement state: (a) the name, ADDRESS, and telephone number of the individual from whom the statement was obtained; (b) the name, ADDRESS, and telephone number of the individual who obtained the statement; (c) the date the statement was obtained; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original statement or a copy. DISC-007 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 5of 8 1 12.4 Do YOU OR ANYONE ACTING ON YOUR BEHALF know of any photographs, films, or videotapes depicting any place, object, or individual concerning the INCIDENT or plaintiff's injuries? If so, state: (a) the number of photographs or feet of film or videotape; (b) the places, objects, or persons photographed, filmed, or videotaped; (c) the date the photographs, films, or videotapes were taken; (d) the name, ADDRESS, and telephone number of the individual taking the photographs, films, or videotapes; and (e) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of the photographs, films, or videotapes. 1 12.5 Do YOU OR ANYONE ACTING ON YOUR BEHALF know of any diagram, reproduction, or model of any place or thing (except for items developed by expert witnesses covered by Code of Civil Procedure sections 2034.210- 2034.310) concerning the INCIDENT? If so, for each item state: (a) the type (i.e., diagram, reproduction, or model); (b) the subject matter; and (c) the name, ADDRESS, and telephone number of each PERSON who has it. 1 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. 1 127 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 1 13.1 Have YOU OR ANYONE ACTING ON YOUR BEHALF conducted surveillance of any individual involved in the INCIDENT or any party to this action? If so, for each sur- veillance state: (a) the name, ADDRESS, and telephone number of the individual or party; (b) the time, date, and place of the surveillance; (c) the name, ADDRESS, and telephone number of the individual who conducted the surveillance; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of any surveillance photograph, film, or videotape. DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL DISC- 1 13.2 Has a written report been prepared on the el surveillance? If so, for each written report state: (a) the title; (b) the date; (c) the name, ADDRESS, and telephone number of the individual who prepared the report; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy. 14.0 Statutory or Regulatory Violations "sl 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. [1] 14.2 Was any PERSON cited or charged with a violation of any statute, ordinance, or regulation as a result of this INCIDENT? If so, for each PERSON state: (a) the name, ADDRESS, and telephone number of the PERSON; (b) the statute, ordinance, or regulation allegedly violated; (c) whether the PERSON entered a plea in response to the citation or charge and, if so, the plea entered; and (d) the name and ADDRESS of the court or administrative agency, names of the parties, and case number. 15.0 Denials and Special or Affirmative Defenses 1] 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 13 16.1 Do you contend that any PERSON, other than you or plaintiff, contributed to the occurrence of the INCIDENT or the injuries or damages claimed by plaintiff? If so, for each PERSON: (a) state the name, ADDRESS, and telephone number of the PERSON; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts: and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. ] 16.2 Do you contend that plaintiff was not injured in the INCIDENT? If so: (a) state all facts upon which you base your contention; (b) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (c) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. Page 6 of 8 ] 16.3 * Do you contend that the injuries or the extent of the injuries claimed by plaintiff as disclosed in discovery proceedings thus far in this case were not caused by the INCIDENT? If so, for each injury: (a) identify it; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. ] 16.4 Do you contend that any of the services furnished by any HEALTH CARE PROVIDER claimed by plaintiff in discovery proceedings thus far in this case were not due to the INCIDENT? If so: (a) identify each service; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. J 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. Il 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. [116.7 Do you contend that any of the property damage claimed by plaintiff in discovery Proceedings thus far in this case was not caused by the INCIDENT? If so: (a) identify each item of property damage; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. DISC-001 [] 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. J 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 v1 17.1 Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: (a) state the number of the request; (b) state all facts upon which you base your response; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (d) identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. 18.0 [Reserved] 19.0 [Reserved] 20.0 How the Incident Occurred—Motor Vehicle [120.1 State the date, time, and place of the INCIDENT (closest street ADDRESS or intersection). [J 202 For each vehicle involved in the INCIDENT, state: (a) the year, make, model, and license number; (b) the name, ADDRESS, and telephone number of the driver; DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 7 of 8 (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. [(]203 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. Il 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. 1] 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 1 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 ~~ Sa @ ~~ 1 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. 1 50.3 Was performance of any agreement alleged in the pleadings excused? If so, identify each agreement excused and state why performance was excused. 1 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. V1 50.5 Is any agreement alleged in the pleadings unenforce- able? If so, identify each unenforceable agreement and state why it is unenforceable. ¥4! 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] DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 8 of 8 Plaintif’s Gomez’ Motion for a Protective Order Exhibit 5 COMMUNITY LAW CENTER 27 June 2017 SENT BY UNITED STATES FIRST CLASS MAIL AND FACSIMILE TRANSMISSION MR. WILLIAM R. BAILEY, ATTORNEY AT LAW BAILEY LAW CORPORATION 4000 MACARTHUR BOULEVARD SUITE 600 NEWPORT BEACH, CALIFORNIA 92660 Facsimile transmission: +1 888 737 8702 Case Name: Gomez, Raul v. Loera, Arturo, et al. Case Number: 30-2014-00730339-CU-OR-CJC Dear Counsel: This letter will memorialize our 3 telephonic “meet and confer” discussions, this afternoon, regarding Defendant’s propounded form interrogatories, specially prepared interrogatories and requests for admissions, set 1. Your declaration attached to the 66 specially prepared interrogatories, signed under penalty of perjury, seeks to justify the excessive number. However, you were unable to explain why the special interrogatories seeks the same information of identifying facts, supporting documents, names and addresses regarding each of Plaintiff’s contentions, as sought in the Requests for Admissions, in conjunction with form interrogatory 17.1. You further stated that you were unwilling to amend or considering taking out the redundant interrogatories. However, in an effort to be “accommodating,” you mockingly stated the Plaintiff can take out “support,” in the special interrogatories. In attempting to understand how “support” is not incorporated with “relates to or reflects,” you agreed that it would make no difference anyway, as “relates to or reflects,” by the plain use of the dictionary definition, includes “support.” The Requests for Admissions and Form Interrogatory 17.1(b) also would include “supports” as a part of the response. Thereafter, in order to properly comply with the scope of the propounded interrogatories, | sought to understand what you were looking for, in regards to “support, refutes, relates to or reflects,” You condescendingly stated that you are not an English teacher and that by going to law school, | should know what 1600 North Broadway, 10" Floor, Suite 1020 | Santa Ana, California 92701 Tel: 714.426.2800 |Fax: 714.252.6302 www.clawcenter.com Mr. William R. Bailey, Attorney at Law BAILEY LAW CORPORATION Case Name: Gomez, Raul v. Loera, Arturo, etal. Case Number: 30-2014-00730339-CU-OR-CIC page 2 you mean. After that, you did not want to discuss the issues further and said you were finished. In seeking to resolve the issues without Court intervention by way of a Motion for a Protective Order, you stated the you “don’t care either way, just bring a motion if you want.” | am sorry that you and Defendant are taking that position. In bringing a Motion for a Protective Order, Plaintiff will seek sanctions for time and costs, for Defendants abuse of the discovery process, as the propounded discovery is only brought for an improper purpose, as Defendant is clearly seeking to harass Plaintiff, by creating needless increase in the cost of litigation and seeking convoluted, overbroad, compound and contradictory discovery. The information responsive to the 66 Special Interrogatories are contained in the 30 Requests for Admissions, in conjunction with form interrogatory 17.1. As always, if you would change your position, or wish to discuss the issues further, please call. This letter is sent as a final attempt to “meet and confer,” regarding the outlined discovery issues. COMMUNITY LAW CENTER | Whitecotton, Attorney for Plaintiff Mr. Raul Gomez COMMUNITY LAW CENTER Facsimile Transmission Cover Sheet TO: NUMBER: FROM: DATE: SUBJECT: PAGES: NOTES: MR. WILLIAM R. BAILEY, ATTORNEY AT LAW BAILEY LAW CORPORATION 4000 MACARTHUR BOULEVARD SUITE 600 NEWPORT BEACH, CALIFORNIA 92660 Facsimile transmission: 888 737 8702 Telephone!Npmber: 714 881 5160 R. Spelger for Randal Whitecotton, Attorney for Plaintiff, Raul Gomez Tuesday, 27 June 2017 18:24.01 Case Name: Gomez, Raul v. Loera, Arturo, et al. Case Number: 30-2014-00730339-CU-OR-CJC 3 (including this cover sheet) Please see attached This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. 1600 North Broadway, 10% Floor, Suite 1020 | Santa Ana, California 92701 Tel: 714.426.2800 |Fax: 714.252.6302 www.clawcenter.com Plaintiff’s Gomez’ Motion for a Protective Order Exhibit 6 From: William Bailey Fax: To: Community Law Center Fax: (714) 252-6302 Page 2 of 2 06/28/2017 2:22 PM Bar) ATION 4000 Mac , CA 92660 TELEPE 37-8702 June 28, 2017 Via Facsimile 14) 252-6302 Randal A. Whitecotton Community Law Center 900 N. Broadway, 8" Floor Santa Ana, CA 92701 Re: Raul Gomez v. Arturo Loera, et. al. Case no. 30-2014-00730339 Discovery meet and confer Dear Mr. Spelger, I am in receipt of your facsimile dated June 27, 2017 which purports to “memorialize” our conversations regarding your issues with my client’s written discovery requests. To be brief, your blatant mischaracterizations of the substance of our conversations is not well taken. The foregoing notwithstanding, after extensive discussions with you regarding the matter, it is apparent that a resolution is unlikely and, therefore, our obligation to engage in the meet and confer process is satisfied. Sincerely, Willian 4 Bailey Attachment: none WWW.WILLIAMZBAILEY.COM Page 1 of 1 From: William Bailey Fax: To: Community Law Center Fax: (714) 252-6302 Page 1 of 2 06/28/2017 2:22 PM FACSIMILE TRANSMISSION To: Community Law Center From: William Bailey Fax: 888-737-8702 CA Phone: Phone: (714) 881-5160 * 103 Fax Phone: (714) 252-6302 Fax Phone: Note: Please find the attached correspondence regarding Raul Gomez Vv. Arturo Loera, et. al. Case no. 30-2014-00730339. Date: 06/28/2017 Pages: 2 Plaintiff’s Gomez’ Motion for a Protective Order Exhibit 7 COMMUNITY LAW CENTER 28 June 2017 SENT BY UNITED STATES FIRST CLASS MAIL AND FACSIMILE TRANSMISSION MR. WILLIAM R. BAILEY, ATTORNEY AT LAW BAILEY LAW CORPORATION 4000 MACARTHUR BOULEVARD SUITE 600 NEWPORT BEACH, CALIFORNIA 92660 Facsimile transmission: +1 888 737 8702 Case Name: Gomez, Raul v. Loera, Arturo, et al. Case Number: 30-2014-00730339-CU-OR-CJC Dear Counsel: This letter will memorialize our telephonic conversation, this afternoon, wherein Defendant granted Plaintiff’s request for a 2 week extension in which to respond to Defendant’s propounded form interrogatories, specially prepared interrogatories, requests for production and requests for admissions, set 1. If this does not comport to your understanding, please contact me immediately. Thank you for your professional courtesy in this matter. COMMUNITY LAW CENTER Attorney for Plaintiff Mr. Raul Gomez 1600 North Broadway, 10 Floor, Suite 1020 | Santa Ana, California 92701 Tel: 714.426.2800 |Fax: 714.252.6302 www.clawcenter.com COMMUNITY LAW CENTER Facsimile Transmission Cover Sheet TO: NUMBER: FROM: DATE: SUBJECT: PAGES: NOTES: MR. WILLIAM R. BAILEY, ATTORNEY AT LAW BAILEY LAW CORPORATION 4000 MACARTHUR BOULEVARD SUITE 600 NEWPORT BEACH, CALIFORNIA 92660 Facsimile transmission: 888 737 8702 Telephone Number: 714 881 5160 R. Spelger for Randal Whitecotton, Attorney for Plaintiff, Raul Gomez Wednesday, 28 June 2017 17:18.05 Case Name: Gomez, Raul v. Loera, Arturo, et al. Case Number: 30-2014-00730339-CU-OR-CJC 8 (including this cover sheet) Please see attached This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address via the U.S. Postal Service. 1600 North Broadway, 10M Floor, Suite 1020 | Santa Ana, California 92701 Tel: 714.426.2800 |Fax: 714.252.6302 www.clawcenter.com 6/27/2017 Gmail wr Google Community Law Center Mail - Delivery Report Robert Spelger Delivery Report 1 message f2m/26268036531@mail.xpedite.com To: rspelger@clawcenter.com VONAGE BUSINESS FAX DETAILED DELIVERY REPORT (INTERIM) [Page Count 13 (no cover sheet) Attention ||Comunity Law Center Ji |Job Number [1766733346 Sent By User [26268036531 | [Entered Vonage System |06/27 18:36 | [Report Generated 06/27 19:09 — Billing Code |l60305 [Subject I | SUMMARY Sent: 1 Errors: 0 Cancelled: 0 Inpr: 0 Pend: 0 Held: 0 Total: 1 Destination [Status |[Date [Time ~|INum. Retries 18887378702 SENT 06/27 18:40 \*/onage &” Business Solutions ™ https://mail.google.com/mail/?ui=28&ik=40df1589de&jsver=IEZPUTRTfxl.en.&view=pt&search=inbox&th=15cec75f4ee1e319&sim|=15cec75f4ee1e319 Tue, Jun 27, 2017 at 7:09 PM mn 7/12/2017 Community Law Center Mail - Superior Court of Orange County - Motion Reservation Request - CONFIRMATION -. ge ™M | | Robert Spelger wy Google Superior Court of Orange County - Motion Reservation Request - CONFIRMATION 1 message donotreply@occourts.org Wed, Jul 12, 2017 at 4:02 PM To: rspelger@clawcenter.com RESERVE A MOTION DATE (a Superior Court of California, County of Orange Your reservation request has been CONFIRMED by the Superior Court. The hearing date and time below has been reserved. You will be asked to provide your reservation number to the court at a later date. MOVING PAPERS MUST BE E-FILED WITHIN 24 HOURS AFTER COMPLETING THE ON- LINE RESERVATION. Failure to submit your moving papers within 24 hours will result in the automatic CANCELLATION of the reservation. NOTE: To EXPEDITE your MOTION filing place the appropriate Court Reservation number (e.g. 7TXXXXXXX) on each Motion being submitted. Please do not reply to this email. Reservation Number: 72623754 Hearing Date: August 11, 2017 Hearing Time: 1:30 PM Department: C11 Motion Type: Motion for Discovery Protective Orders Case Number: 30-2014-00730339-CU-OR-CJC Case Title: Gomez vs. Lorera Judicial Officer: Hon. Andrew P. Banks Email: rspelger@clawcenter.com Date of Request: July 12, 2017 Time of Request: 4:01 PM Transaction Number: 124946623 Superior Court of California » County of Orange https://mail.google.com/mail/?ui=2&ik=40df1589de&jsver=iufS2U4Cs3s.en.&view=pt&search=inbox&th=15d3909cf2e67ffd&siml=15d3909cf2e67ffd 171 C O M M U N I T Y L A W C E N T E R 27 06 16 00 No rt h B r o a d w a y , 10 " Fl oo r, Su it e 10 20 , Sa nt a An a, Ca li fo rn ia 9 11 12 13 14 15 16 1F 18 19 20 21 22 23 24 25 26 ar 28 PROOF OF SERVICE Calif. Code of Civ. Proc., §1013a(3)) | am employed in the County of Orange, State of California. | am over the age of 18 and not a party to the within action; my business address is: 1600 North Broadway, 1 Floor, Suite 1020, Santa Ana, California. On 12 July, 2017, | served the foregoing documents described as: Plaintiff Raul Gomez’ Notice of Motion and Motion for a Protective Order against Defendant’s redundant discovery requests and Special Interrogatories; Request for 52,860.00 in Monetary Sanctions against Jeanette Aguierre, a/k/a/ Jeanette Aguierre Loera, a/k/a Jeanette Villarreal and her attorney of Record, William R. Bailey; Memorandum of Points & Authorities, Declaration of R. Spelger, in support of thereof; attached Exhibits on the interested party(ies) in this action by placing a true copy thereof enclosed in sealed envelopes and/or packages addressed as follows: MR. WILLIAM R. BAILEY, ATTORNEY AT LAW BAILEY LAW CORPORATION 4000 MACARTHUR BOULEVARD SUITE 600 NEWPORT BEACH, CALIFORNIA 92660 [ X]1 BY MAIL: | am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, , California in the ordinary course of business. | declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on 12 July 2017, at Santa Ana, California. Yvette Panalta Ivette Paralta -18- Plaintiff Raul Gomez’ Motion for a Protective Order and Request for Sanctions