James Heard vs. Villa Warner Condominium association

Motion to Compel Discovery

Cal. Super. - 4th Dist.January 15, 2016

o o 0 0 A N U t A W N e e (6 62 ) 9 2 3 - 0 9 7 1 = h m e m md fd pm ed A U n A h W N = m Q o T R E D W A Y , L U M S D A I N E & D O Y L E L L P 3 9 0 0 Ki lr oy Ai rp or t W a y , Su it e 2 4 0 L o n g Be ac h, Ca li fo rn ia 9 0 8 0 6 N N N N N N N N N N O N O E e w e m R R d N A n N A W N E S C e ROY J. JIMENEZ (Bar No. 192089) E-Mail: rjimenez@tldlaw.com CARA M. CROWNOVER (Bar No. 301353) E-Mail: Ccrownover(@tldlaw.com TREDWAY, LUMSDAINE & DOYLE LLP 3900 Kilroy Airport Way Suite 240 Long Beach, California 90806 Telephone: (562) 923-0971 Facsimile: (866) 831-7302 Attorneys for JAMES HEARD SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER JAMES HEARD, Case No.: 30-2016-00830353-CU-BC-CIC Plaintiff, NOTICE OF MOTION AND MOTION TO COMPEL COMPLIANCE, ORIN VS. THE ALTERNATIVE, FURTHER RESPONSES TO REQUEST FOR VILLA WARNER CONDOMINIUM SPECIAL INTERROGATORIES, SET ASSOCIATION, a California Corporation, ONE, PROPOUNDED BY PLAINTIFF OPTIMUM PROFESSIONAL JAMES HEARD TO DEFENDANT PROPERTY MANAGEMENT, INC. a VILLA WARNER CONDOMINIUM California Corporation, FARMERS ASSOCIATION AND REQUEST FOR SERVICES INSURANCE AGENCY,a SANCTIONS AGAINST California Corporation, TRI-STAR DEFENDANTS AND THEIR CONSTRUCTION AND RESTORATION COUNSEL IN THE AMOUNT OF SERVICES, INC., a California $3,355.00; MEMORANDUM OF Corporation, and DOES 1-50, inclusive, POINTS AND AUTHORITIES; AND DECLARATION OF CARA M. Defendants. CROWNOVER IN SUPPORT THEREOF (Filed concurrently with Separate Statement and [Proposed] Order) Date: December 8, 2016 Time: 1:30 P.M. Dept.: C18 Reservation ID: 72476640 [Assigned for all purposes to the Hon. Theodore R. Howard; Dept. C18] Complaint Filed: January 15, 2016 Trial Set: None Set LA/544850-1 37944-001 1 MOTION OF PLAINTIFF TO COMPEL COMPLIANCE, OR IN THE ALTERNATIVE, FURTHER RESPONSES AND DOCUMENTS TO SPECIAL INTERROGATORIES, SET ONE v o 0 a S N n h R A W N (5 62 ) 92 3- 09 71 J u d j d j a d J d | f d J d SA UN Ah W N =m So T R E D W A Y , L U M S D A I N E & D O Y L E L L P 3 9 0 0 Ki lr oy Ai rp or t W a y , Su it e 2 4 0 L o n g Be ac h, Ca li fo rn ia 9 0 8 0 6 N N N N N N N D N N N e m 0 J O N W N A W N Oe E S o \ & TO DEFENDANT VILLA WARNER CONDOMINIUM ASSOCIATION AND TO THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE THAT on December 8, 2016, at 1:30 P.M., or as soon thereafter as counsel may be heard, in Department C18 of the above-captioned Court, located at 700 Civic Center Drive West, Santa Ana, CA 92701, Plaintiff, James Heard ("Plaintiff") will and hereby does move this Court to Compel Compliance, or in the alternative, Further Response to Special Interrogatories, Set One, and for Sanctions against Defendant Villa Warner Condominium Association's ("Defendant"). This Motion is made upon California Code ofCivil Procedure §§2017.010, and 2030.300. This motion is made upon the grounds that the responses to Plaintiff's Special Interrogatories are evasive, incomplete, the references to documents in lieu of supplying answers is inadequate, and the objections provided are without merit. This Motion is based on this Notice of Motion, the attached Memorandum of Points and Authorities, the Declaration of Cara M. Crownover filed concurrently herewith, all of the pleadings, files, and records in this proceeding, all other matters of which the Court may take judicial notice, and any argument or evidence that may be presented to or considered by the Courtprior to its ruling. DATED: November 4, 2016 TREDWAY, LUMSDAINE & DOYLE LLP ROY J. JIMENEZ CARA M. CROWNOVER By: lean DUNE CARA M. CROWNOVER Attorneys for JAMES HEARD LA/544850-1 37944-001 2 MOTION OF PLAINTIFF TO COMPEL COMPLIANCE, OR IN THE ALTERNATIVE, FURTHER RESPONSES AND DOCUMENTS TO SPECIAL INTERROGATORIES, SET ONE 3 9 0 0 Ki lr oy Ai rp or t W a y , Su it e 2 4 0 L o n g Be ac h, Ca li fo rn ia 9 0 8 0 6 (5 62 ) 9 2 3 - 0 9 7 1 T R E D W A Y , L U M S D A I N E & D O Y L E L L P o e 0 J A U n A W N = N N N N N N N N N N e e e m e m e m h w e m e m je m p d j e W R N N A n l h h W N = S o C o 0 N N N A W N = e MEMORANDUM OF POINTS AND AUTHORITIES 1. INTRODUCTION On or about July 14, 2016, my office served Special Interrogatories, Set One upon Defendant. These responses were due on August 18, 2016. (Declaration of Cara M. Crownover ["Crownover Decl."] q 2; Exhibit "A"). On or about August 18, 2016, Defendant's Counsel requested an extension to serve its discovery responses and Plaintiff's Counsel granted the extension until September 1, 2016. (Crownover Decl. q 3; Exhibit "B"). On or about September 1, 2016, Defendant's Counsel requested an extension to serve its discovery responses and Plaintiff's Counsel granted the extension until September 12, 2016. (Crownover Decl. § 4; Exhibit "C"). On or about September 14, 2016, Defendant's Counsel requested an extension to serve its discovery responses and Plaintiff's Counsel granted the extension until September 26, 2016. (Crownover Decl. q 5; Exhibit "D"). On or about September 16, 2016, Defendant served its Response to Special Interrogatories. (Crownover Decl. § 6; Exhibit "E"). Defendant's responses to Plaintiff's Special Interrogatory Requests included boilerplate objections, including overly broad, vague and ambiguous, attorney work- product and attorney-client privilege. (Crownover Decl. 9 7) On or about September 27, 2016, I sent a meet and confer letter to Defendant requesting further responses and documents by September 30, 2016, arguing that given the two months that Defendant had to respond and the short trial deadline, the answers should have been answered in good faith and they should have been completed. Defendant's counsel did not even attempt to contact Plaintiff's counsel until October 3, 2016, on which day she left a message, which Plaintiff's counsel returned the very same day by leaving a message on Defendant's counsel's cell phone, which call has not been returned in over three weeks. Defendant has failed to respond to our attempts to Meet and Confer. (Crownover Decl. § 8; Exhibit "F"). LA/544850-1 37944-001 1 MOTION OF PLAINTIFF TO COMPEL COMPLIANCE, OR IN THE ALTERNATIVE, FURTHER RESPONSES AND DOCUMENTS TO SPECIAL INTERROGATORIES, SET ONE L o n g B e a c h , Ca li fo rn ia 9 0 8 0 6 (5 62 ) 9 2 3 - 0 9 7 1 T R E D W A Y , L U M S D A I N E & D O Y L E LL P 3 9 0 0 Ki lr oy Ai rp or t Wa y, Su it e 2 4 0 e o 0 3 a N U r A W O N N N N N N N N N N e e e m e m e m e m e m e m p m m k e m W O J A U n A W N = S C W N S N R A W N N E e Defendant has not supplied a privilege log for any attorney-client privilege documents as also requested. (Crownover Decl. 49). 2, LEGAL ARGUMENT A. The Court Should Compel Defendant to Provide Further Responses On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the following apply: (1) An answer to a particular interrogatory is evasive or incomplete; (2) An exercise of the option to produce documents under Section 2030.230 is unwarranted or the required specification of those documents is inadequate; (3) An objection to an interrogatory is without merit or too general. (California Code of Civil Procedure § 2030.300(a).) Information may be discovered if it "either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence." (Civ. Proc. § 2017.010.) Defendant responded to Special Interrogatories Nos. 7 and 8 directing Plaintiff to report and repair invoices that are incomplete. There were additional parties who came to Plaintiff's property whose reports and repair invoices have not been provided to Plaintiff which are relevant to Plaintiff's claims against Defendant. The responses to Special Interrogatories Nos. 11 and 36 contain blanket objections with statements that are unclear and unresponsive. The response to Special Interrogatory No. 13 is asking for a personal description of responsibilities of the Defendant; however Defendant's response simply points to the CC&Rs. Defendant's response to Special Interrogatory No. 15 only says, "Unknown;" howeverthis information is only available to Defendant and therefore warrants a discoverable response. Special Interrogatories Nos. 16 and 17 do not seek collateral source information, but rather information from Defendant that is available to Defendant. Finally, Special Interrogatories Nos. 31, 32 and 33 contain blanket objections that the requests are vague, ambiguous and overbroad and indicate that Special Interrogatory No. 30 provides an adequate response to these requests. However, the response to Special Interrogatory No. 30 is inadequate because each Interrogatory requests LA/544850-1 3794-001 2 MOTION OF PLAINTIFF TO COMPEL COMPLIANCE, OR IN THE ALTERNATIVE, FURTHER RESPONSES AND DOCUMENTS TO SPECIAL INTERROGATORIES, SET ONE L o n g Be ac h, Ca li fo rn ia 9 0 8 0 6 (5 62 ) 9 2 3 - 0 9 7 1 T R E D W A Y , L U M S D A I N E & D O Y L E L L P 3 9 0 0 Ki lr oy Ai rp or t Wa y, Su it e 2 4 0 e o R O J A U n A W O N = B N N N N N N N N N N E e e m e m e m e m je m e m e m p d j e W W N N A N U 1 A W N = O ¢ 0 d S N A W N m e specific estimates, reports or experts who conducted other services for the Plaintiff. B. There is Good Cause for the Court to Compel Special Interrogatories Plaintiff seeks to discover in these Special Interrogatories what went wrong with his property and which actions contributed to his injuries. There is good cause for the Court to compel these responses because they are relevant and reasonably calculated to lead to the discovery of admissible evidence to support his claims, such as which actions led to the mold being able to grow in the walls of his condo. Thus, there is good cause forthis Motion as Plaintiff has a right to discover this information to prove his case at trial. C. The Court Should Impose Sanctions Against Defendant and Its Counsel The court may impose a monetary sanction ordering that one engaging in the misuse ofthe discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney’s fees, incurred by anyone as a result of that conduct. (Cal. Civ. Proc. § 2023.030(a).) Misuses of the discovery process include, but are not limited to, failing to respond or to submit to an authorized method of discovery; making, without substantial justification, an unmeritorious objection to discovery and making an evasive response to discovery. (Cal. Civ. Proc. § 2023.010.) 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 to compel a further response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition ofthe sanction unjust. (Cal. Civ. Proc. § 2030.300(d)). Defendant failed to properly respond to Plaintiff's interrogatories and made improper objections. Even after meet and confer efforts, Defendant failed to provide any further responses. There is nothing to suggest Defendant acted with substantial justification, or that other circumstances make the imposition of the sanction unjust, as misusing the discovery process and failing to properly respond to discovery has been a pattern of Defendant. As a result, the Court should order sanctions in the amount of $3,355.00 against Defendant and its Counsel for the failure to provide proper responsesto LA/544850-1 37944-001 3 MOTION OF PLAINTIFF TO COMPEL COMPLIANCE, OR IN THE ALTERNATIVE, FURTHER RESPONSES AND DOCUMENTS TO SPECIAL INTERROGATORIES, SET ONE L o n g Be ac h, Ca li fo rn ia 9 0 8 0 6 (5 62 ) 9 2 3 - 0 9 7 1 T R E D W A Y , L U M S D A I N E & D O Y L E LL P 3 9 0 0 Ki lr oy Ai rp or t Wa y, Su it e 2 4 0 e o 0 N a A N n h A W N N N N N N N N N N N N N O E e e m e m e m p m p m p m p m p m C W N N A W n A W N E O S Y O W W O S W N E W N E m o e Plaintiff James Heard's Special Interrogatories, Set One, to Defendant Villa Warner Condominium Association. DATED: November 4, 2016 TREDWAY, LUMSDAINE & DOYLE LLP ROY J. JIMENEZ CARA M. CROWNOVER By: CARA M. CROWNOVER Attorneys for JAMES HEARD LA/544850-1 37944-001 4 MOTION OF PLAINTIFF TO COMPEL COMPLIANCE, OR IN THE ALTERNATIVE, FURTHER RESPONSES AND DOCUMENTS TO SPECIAL INTERROGATORIES, SET ONE o O 0 N N S N B N A W N (5 62 ) 9 2 3 - 0 9 7 1 Ju d. | J k . J d . J d | je k. A NM bh W O N m o o T R E D W A Y , L U M S D A I N E & D O Y L E LL P 3 9 0 0 Ki lr oy Ai rp or t W a y , Su it e 2 4 0 L o n g Be ac h, Ca li fo rn ia 9 0 8 0 6 N N N N N N N N E e @ 1 A N U n R A W N = O S O C ® DECLARATION OF CARA M. CROWNOVER I, Cara M. Crownover, declare as follows: 1. I am an attorney duly admitted to practice before this Court. I am an associate with Tredway, Lumsdaine & Doyle LLP, attorneys of record for Plaintiff James Heard. If called as a witness, I could and would competently testify to all facts within my personal knowledge except where stated upon information and belief. I make this declaration in support of the Motion of Plaintiff James Heard to Compel Compliance, or in the Alternative, Further Responses to Special Interrogatories, Set One, Propounded by Plaintiff James Heard to Defendant Villa Warner Condominium Association and Request for Sanctions Against Defendant and Its Counsel in the Amount of $3,430.00. 2. On or about July 14, 2016, my office served Special Interrogatories, Set One upon Defendant. These responses were due on August 18, 2016. Attached hereto as Exhibit "A" is a true and correct copy of Plaintiff's Special Interrogatories, Set One. 3. On or about August 18, 2016, Defendant's Counsel requested an extension to serve its discovery responses, and Plaintiff's Counsel granted the extension until September 1, 2016. Attached hereto as Exhibit "B"is a true and correct copy of these emails. 4. On or about September 1, 2016, Defendant's Counsel requested a second extension to serve its discovery responses, and Plaintiff's Counsel granted the extension until September 12, 2016. Attached hereto as Exhibit "C"is a true and correct copy of these emails. Sn On or about September 14, 2016, Defendant's Counsel requested a third extension to serve its discovery responses, and Plaintiff's Counsel granted the extension until September 26, 2016. Attached hereto as Exhibit "D" is a true and correct copy of these emails. 6. On or about September 16, 2016, Defendant served their Response to Special Interrogatories, Set One. Attached hereto as Exhibit "E" is a true and correct copy ofthis document. LA/544850-1 37944-001 1 MOTION OF PLAINTIFF TO COMPEL COMPLIANCE, OR IN THE ALTERNATIVE, FURTHER RESPONSES AND DOCUMENTS TO SPECIAL INTERROGATORIES, SET ONE L o n g B e a c h , Ca li fo rn ia 9 0 8 0 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E L L P 3 9 0 0 Ki lr oy Ai rp or t Wa y, Su it e 2 4 0 e e R X 3 S N N n R A W N N N N N N N N N N N E E e m e m e m e m j m e m fe m je m e w J O N U n A W N = O S C o 0 0 N N A W N E S 7. Defendant's responses to Plaintiff's Special Interrogatory Requests included boilerplate objections, including overly broad, vague and ambiguous, attorney work- product and attorney-client privilege. 8. On or about September 27, 2016, I sent a meet and confer letter to Defendant requesting further responses and documents by September 30, 2016, arguing that given the two months that Defendant had to respond and the short trial deadline, the answers and production should have been answered in good faith, and they should have been completed. Attached hereto as Exhibit "F" is a true and correct copy ofthis letter. Defendant's counsel did not even attempt to contact Plaintiff's counsel until October 3, 2016, on which day she left a message, which Plaintiff's counsel returned the very same day by leaving a message on Defendant's counsel's cell phone, which call has not been returned in over a week. Thus, Defendant has failed to respond to this Meet and Confer letter. 9. Defendant has not supplied a privilege log for any attorney-client privileged documents. 10. On July 14, 2016, Plaintiff's counsel filed a Case Management Statement with the Court with a Discovery Plan Statement attached thereto which was circulated to all parties' counsel and agreed to by each. Attached hereto as Exhibit "G"is a true and correct copy ofthe filed Case Management Statement. In such statement, all parties agreed to the dates set forth there in. Based upon the dates agreed to for completion of discovery, this Court scheduled the trial for January 30, 2017. Dueto the failure of Defendant to respond to discovery in a timely and non-evasive manner,all depositions which were scheduled for October were required to be rescheduled for November. It is unknown if these depositions can take place at the later dates due to Plaintiff's counsel being unsure of when, and if, they will receive appropriate discovery responses. 11. Rebecca Hoffman is a Law Clerk with my firm who participated in drafting this Motion. Her hourly rate is $195.00 per hour. She spent 6 hours in drafting this Motion and Declaration for a total of $1,170.00. L.A/544850-1 37944-001 2 MOTION OF PLAINTIFF TO COMPEL COMPLIANCE, OR IN THE ALTERNATIVE, FURTHER RESPONSES AND DOCUMENTS TO SPECIAL INTERROGATORIES, SET ONE L o n g Be ac h, Ca li fo rn ia 9 0 8 0 6 (5 62 ) 9 2 3 - 0 9 7 1 T R E D W A Y , L U M S D A I N E & D O Y L E L L P 3 9 0 0 Ki lr oy Ai rp or t Wa y, Su it e 2 4 0 e o 0 I A N n h A W N e N N O N N N N N N N N N N e e m e m e m e m m d e m m d e m j e 0 d N & W n A W N N = m O o W d S N U N R W N e o 12. My hourly rate is $250.00 per hour. I spent .9 hours drafting the Meet and Confer letter regarding Defendant's responses. I also spent 3.6 hours in reviewing and drafting this Motion and drafting the Separate Statement. I anticipate spending 2 hours in drafting a Reply to Defendant's Opposition to this Motion, and 2 hours attending the hearing on the same, for a total of $2,125.00. In addition, my client will incur a filing fee for this Motion in the amount of $60.00. In total, my client has/will incur $3,355.00 in attorneys' fees to bring this Motion to Compel. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed November 4, 2016, at Long Beach, California. Cara M. Crownover ) LA/544850-1 37944-001 3 ~ MOTION OF PLAINTIFF TO COMPEL COMPLIANCE, OR IN THE ALTERNATIVE, FURTHER RESPONSES AND DOCUMENTS TO SPECIAL INTERROGATORIES, SET ONE EXHIBIT A L o n g B e a c h , Ca li fo rn ia 9 0 8 0 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E LL P 3 8 0 0 Ki lr oy Ai rp or t W a y , Su it e 2 4 0 o e @® @ N N D n R A W N N N N N N N N N N E e e e j m E m e m R d p e ROY J. JIMENEZ (Bar No. 192089) E-Mail: rjiimenez@tldlaw.com CARA M. CROWNOVER (Bar No. 301353) E-Mail: Cerownover@tldlaw.com TREDWAY, LUMSDAINE & DOYLE LLP 3900 Kilroy Airport Way Suite 240 Long Beach, California 90806 Telephone: (352) 923-0971 Facsimile: (866) 831-7302 Attorneys for JAMES HEARD SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER JAMES HEARD, Plaintiff, VS. VILLA WARNER CONDOMINIUM ASSOCIATION, a California Corporation, OPTIMUM PROFESSIONAL PROPERTY MANAGEMENT, INC, a California Corporation, FARMERS Case No.: 30-2016-00830353-CU-BC-CJC PLAINTIFF JAMES HEARD'S SPECIAL INTERROGATORIES, SET ONE, TO DEFENDANT VILLA WARNER CONDOMINIUM ASSOCIATION [Assignedfor all purposes to the Hon. Theodore R. Howard; Dept. C18] SERVICES INSURANCE AGENCY, a Complaint Filed: January 15, 2016 California Corporation, TRI-STAR Trial Set: None Set CONSTRUCTION AND RESTORATION SERVICES, INC., a California Corporation, and DOES 1-50, inclusive, Defendants. PROPOUNDING PARTY: Plaintiff JAMES HEARD RESPONDING PARTY: Defendant VILLA WARNER CONDOMINIUM ASSOCIATION SET NO.: One Pursuant to Sections 2030.010, et segq., of the California Code of Civil Procedure, Plaintiff JAMES HEARD requests that Defendant VILLA WARNER CONDOMINIUM ASSOCIATION answer the following special LA/503906-137944-001 ~ BN I. 1 PLAINTIFF JAMES HEARD'S SPECIAL INTERROGAT CONDOMINIUM interrogatories. ORIES, SETONE,TO DEFENDANT VILLA WARNER ASSOCIATION L o n g Be ac h, Ca li fo rn ia 9 0 8 0 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E L L P 3 9 0 0 Ki lr oy Ai rp or t W a y , Su it e 2 4 0 N O N N N N N N e m e m e m m d e m e m E m p m p m je m Q R J A N A W N = S o C d S R A W N E e C$ 0 9 S Un A W N me SPECIAL INTERROGATORIES SPECIAL INTERROGATORY NO.1: State when PLAINTIFFfirst notified YOU RELATING TO water intrusion issues in PLAINTIFF'S CONDOMINIUM. (The term "PLAINTIFF" shall mean Plaintiff James Heard.) ("DEFENDANT," "YOU" and "YOUR"shall mean Defendant VILLA WARNER CONDOMINIUM ASSOCIATION and all of its employees and agents, including attorneys, or other PERSONSacting on its behalf.) ("RELATING TO," "RELATED TO" or "RELATE(S) TO" means constituting, containing, concerning, embodying, reflecting, identifying, stating, mentioning, discussing, describing, evidencing, or in any other way being relevant to that given subject matter.) ("CONDOMINIUM" shall mean Plaintiff James Heard's Condominium located at 6600 Warner Ave. #245, Huntington Beach, CA 92647.) SPECIAL INTERROGATORY NO. 2: State when PLAINTIFF first notified YOU RELATING TO mold contamination issues in PLAINTIFF'S CONDOMINIUM. SPECIAL INTERROGATORY NO.3: State the approximate number of times PLAINTIFF notified YOU RELATING TO water intrusion issues in PLAINTIFF'S CONDOMINIUM. SPECIAL INTERROGATORY NO. 4: State the approximate number of times PLAINTIFF notified YOU RELATING TO mold contamination issues in PLAINTIFF'S from January 1, 2012 to present day. SPECIAL INTERROGATORY NO.5: State what actions YOU have taken to resolve PLAINTIFF'S water intrusion issues in his CONDOMINIUM from January 1, 2012 to present day. SPECIAL INTERROGATORY NO. 6: State what actions YOU have taken to resolve PLAINTIFF'S mold contamination issues in PLAINTIFF'S CONDOMINIUM from January 1, 2012 to present day. 117 LA/503906-1 37944-001 Co 2 ) Co PLAINTIFF JAMES HEARD'S SPECIAL INTERROGATORIES, SET ONE, TO DEFENDANT VILLA WARNER CONDOMINIUM ASSOCIATION L o n g B e a c h , Ca li fo rn ia 9 0 8 0 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E L L P 3 9 0 0 Ki lr oy Ai rp or t W a y , Su it e 2 4 0 K o 8 a 3 S N n n A W N N O N N N N N N N e e e m e d e m e m p m e d S S N T G I E E A < T R Y E S S SPECIAL INTERROGATORY NO. 7: Identify all parties who inspected the CONDOMINIUM RELATED TO water intrusion issues therein from January 1, 2012 to present day, whether or not hired to resolve such issues. SPECIAL INTERROGATORY NO. 8: Identify all parties who inspected the CONDOMINIUM RELATED TO mold contamination issues therein from January 1, 2012 to present day, whether or not hired to resolve such issues. SPECIAL INTERROGATORY NO. 9: State the number of complaints received by YOU from any and all residents of the condominium complex at 6600 Warner Ave., Huntington Beach, CA 92647 RELATING TO waterintrusion issues from January 1, 2012 to present day. SPECIAL INTERROGATORY NO. 10: State the number of complaints received by YOU from any and all residents of the condominium complex at 6600 Warner Ave., Huntington Beach, CA 92647 RELATING TO mold contamination issues from January 1, 2012 to present day. SPECIAL INTERROGATORY NO. 11: State YOUR policy,if any, for the regularly scheduled inspection ofthe piping system that runs through the condominium complex at 6600 Warner Ave., Huntington Beach, CA 92647. SPECIAL INTERROGATORY NO. 12: Describe YOURregularly scheduled inspection, if any, of the conditions of the exterior walls of the common areas within the condominium complex at 6600 Warner Ave., Huntington Beach, CA 92647. SPECIAL INTERROGATORY NO. 13: Describe YOUR responsibilities RELATING TO the common areas ofthe condominium complex at 6600 Warner Ave., Huntington Beach, CA 92647. 111 LA/503906-1 37944000 —3 oo Bb PLAINTIFF JAMES HEARD'S SPECIAL INTERROGATORIES, SET ONE, TO DEFENDANT VILLA WARNER CONDOMINIUM ASSOCIATION 3 9 0 0 Ki lr oy Ai rp or t W a y , Su it e 2 4 0 L o n g B e a c h , Ca li fo rn ia 9 0 8 0 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E L L P © @ ® N a a u n A W N N O N O N N N N N N N e e m m m e p d e l e d p d e m e d 0 J & W N O h W O N E m O Y 0 0 N S N R W N = O o SPECIAL INTERROGATORY NO. 14: Describe YOUR responsibilities RELATING TO maintenance requests made by residents of the condominium complex at 6600 Warner Ave., Huntington Beach, CA 92647. SPECIAL INTERROGATORY NO. 15: Identify the numberofpipe leaks or issues with pipe condensation reported, whether or not the issue was remedied, within the condominium complex at 6600 Warner Ave., Huntington Beach, CA 92647 from January 1, 2012 to present day reported to YOU. SPECIAL INTERROGATORY NO. 16: Identify the date YOU first submitted a claim to Farmers Service Insurance Agency RELATING TO water intrusion issues in PLAINTIFF'S CONDOMINIUM. SPECIAL INTERROGATORY NO. 17: Identify the date YOU first submitted a claim to Farmers Service Insurance Agency RELATING TO mold contamination issues in PLAINTIFF'S CONDOMINIUM. SPECIAL INTERROGATORY NO. 18: Identify the date(s) YOU held Association meetings that addressed water intrusion issues in PLAINTIFF'S CONDOMINIUM from January 1, 2012 to present day. SPECIAL INTERROGATORY NO. 19: Identify the date(s) YOU held Association meetings that addressed mold contamination issues in PLAINTIFF'S CONDOMINIUM from January 1, 2012 to present day. SPECIAL INTERROGATORY NO. 20: Identify all DOCUMENTS which memorialize YOUR Association meetings that addressed water intrusion issues in PLAINTIFF'S CONDOMINIUM from January 1, 2012 to present day. ("DOCUMENT" or "DOCUMENTS"shall mean all documents, electronically stored information, and tangible things, including without limitation all writings (as defined in Section 250 of the California Evidence Code) and all other means of recording LA/503906-1 37944-001 ) om 4 LL ) B PLAINTIFF JAMES HEARD'S SPECIAL INTERROGATORIES, SET ONE, TO DEFENDANT VILLA WARNER CONDOMINIUM ASSOCIATION L o n g B e a c h , Ca li fo rn ia 9 0 8 0 6 (5 62 ) 9 2 3 - 0 9 7 1 T R E D W A Y , L U M S D A I N E & D O Y L E L L P 3 9 0 0 Ki lr oy Ai rp or t W a y , Su it e 2 4 0 O e 0 a S N n t A W N 2 O N N N N N N N N m m p k p d p d e d e d e a G W J S N U N d A W N E S $ e N S R W N N = D information, whether written, transcribed, taped, filmed, microfilmed, or in any other way produced, reproduced, or recorded, and including but not limited to: originals, drafts, computer-sorted and computer-retrievable information, copies and duplicates that are marked with any notation or annotation or otherwise differ in any way from the original, correspondence, memoranda, reports, notes, minutes, contracts, agreements, books, records, checks, vouchers, invoices, purchase orders, ledgers, diaries, logs, calendars, computer printouts, computer disks, card files,lists ofpersons attending meetings or conferences, sketches, diagrams, calculations, evaluations, analyses, directions, work papers,press clippings, sworn or unsworn statements, requisitions, manuals or guidelines, audit work papers, financial analyses, tables of organizations, charts, graphs, indices, advertisements and promotional materials, audited and unaudited financial statements, trade letters, trade publications, newspapers and newsletters, photographs, emails, electronic or mechanical records, facsimiles, telegrams and telecopies, and audiotapes. Each draft, annotated, or otherwise non-identical copy is a separate DOCUMENT within the meaning of this term. DOCUMENTSshall also include any removable sticky notes, flags, or other attachments affixed to any ofthe foregoing, as well as the files, folder tabs, and labels appended to or containing any documents. DOCUMENTS expressly include all electronic records.) SPECIAL INTERROGATORY NO. 21: Identify all DOCUMENTS which memorialize YOUR Association meetings that addressed mold contamination issues in PLAINTIFF'S CONDOMINIUM from January 1, 2012 to present day. SPECIAL INTERROGATORY NO. 22: Please state all facts that support YOUR general denial of every allegation of PLAINTIFF'S complaint. SPECIAL INTERROGATORY NO. 23: Please state all facts that support YOUR affirmative defenses. 111 1.A/503906-1 37944-001 ) 5 _— a oo | PLAINTIFF JAMES HEARD'S SPECIAL INTERROGATORIES, SET ONE, TO DEFENDANT VILLA WARNER CONDOMINIUM ASSOCIATION o o 0 3 S N n n A e W N (5 62 ) 92 3- 09 71 J d . f d f d J u d p d J u d J d . (= , w n a [7 %] N o p d [— 1 T R E D W A Y , L U M S D A I N E & D O Y L E L L P 3 9 0 0 Ki lr oy Ai rp or t W a y , Su it e 2 4 0 L o n g B e a c h , Ca li fo rn ia 9 0 8 0 6 N O N N N N N N E E e m P D 3 S N n N A W N = So S O o o o SPECIAL INTERROGATORY NO. 24: Please IDENTIFY each and every individual or entity that YOU caused to inspect the CONDOMINIUM from January 1, 2012 to present day. ("IDENTIFY" requires YOU to name all persons or entities described by the subject interrogatory as well as provide that individual's/entities' last known contact information including address and phone number.) SPECIAL INTERROGATORY NO.25: Please IDENTIFY each and every individual or entity that YOU caused to provide any report RELATING TO the CONDOMINIUM from January 1, 2012 to present day. SPECIAL INTERROGATORY NO. 26: Please IDENTIFY each and every individual or entity that YOU caused to provide any estimate RELATING TO the CONDOMINIUM from January 1, 2012 to present day. SPECIAL INTERROGATORY NO. 27: Please IDENTIFY each and every individual or entity that YOU hired to perform actual repairs within the CONDOMINIUM from January 1, 2012 to present day. SPECIAL INTERROGATORY NO. 28: Please describe the circumstances RELATING TO PLAINTIFF first notifying YOU of water intrusion and mold contamination issues within the CONDOMINIUM. SPECIAL INTERROGATORY NO. 29: Please describe all actions YOU took when YOU were notified of water intrusion and mold contamination issues within the CONDOMINIUM. SPECIAL INTERROGATORY NO. 30: Please IDENTIFY all DOCUMENTS whether in YOUR possession or known to exist by YOU RELATING TO any estimate for potential services within the CONDOMINIUM from January 1, 2012 to present day. SPECIAL INTERROGATORY NO. 31: Please IDENTIFY all DOCUMENTS whether in YOUR possession or known to exist by YOU RELATING TO any inspection within the CONDOMINIUM from LA/503906-1 37944-001 6 - B PLAINTIFF JAMES HEARD'S SPECIAL INTERROGATORIES, SET ONE, TO DEFENDANT VILLA WARNER CONDOMINIUM ASSOCIATION L o n g B e a c h , Ca li fo rn ia 9 0 8 0 6 (5 62 ) 9 2 3 - 0 9 7 1 T R E D W A Y , L U M S D A I N E & D O Y L E L L P 3 9 0 0 Ki lr oy Ai rp or t W a y , Su it e 2 4 0 N O N N N N N N N N e e e m e m e k h m e m e m e d fe d 0 J A N U N R A W W N = S D 0 N S N A W N = D January 1, 2012 to present day. SPECIAL INTERROGATORY NO. 32: Please IDENTIFY all DOCUMENTS whether in YOUR possession or known to exist by YOU RELATING TO any report RELATING TO the CONDOMINIUM from January 1, 2012 to present day. SPECIAL INTERROGATORY NO. 33: Please IDENTIFY all DOCUMENTS whether in YOUR possession or known to exist by YOU RELATING TO any services provided beyond an inspection or estimate within the CONDOMINIUM from January 1, 2012 to present day. SPECIAL INTERROGATORY NO. 34: Please describe the complaints received by YOU from any residents of the condominium complex at 6600 Warner Ave. Huntington Beach, CA 92647 RELATING TO mold contamination issues from January 1, 2012 to present day. SPECIAL INTERROGATORY NO. 35: Please describe the complaints received by YOU from any residents of the condominium complex at 6600 Warner Ave., Huntington Beach, CA 92647 RELATING TO water intrusion issues from January 1, 2012 to present day. SPECIAL INTERROGATORY NO. 36: Please state YOUR schedule, if any, for the regular inspection of the piping system that runs through the condominium complex at 6600 Warner Ave., Huntington Beach, CA 92647. SPECIAL INTERROGATORY NO. 37: Please describe all reasons for DELAYS in remedying PLAINTIFF'S mold contamination and water intrusion issues. ("DELAYS," "DELAY," and "DELAYED"shall mean any period of time longer than one week (7 days) of no action taken toward a resolution.) 117 117 LA/503906-1 37944-00) 7 } ~ «x PLAINTIFF JAMES HEARD'S SPECIAL INTERROGATORIES, SET ONE, TO DEFENDANT VILLA WARNER CONDOMINIUM ASSOCIATION L o n g Be ac h, Ca li fo rn ia 9 0 8 0 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E L L P 3 9 0 0 Ki lr oy Ai rp ar t W a y , Su it e 2 4 0 e e 9 0 a 3 S N n n A W N N N N N N N N N e m E m e m e m e m p m e w e m e m G O a A W n A W N = S O N d R A W N = 2 SPECIAL INTERROGATORY NO. 38: Please IDENTIFY all witnesses with personal knowledge ofPLAINTIFF'S mold contamination and water intrusion issues. SPECIAL INTERROGATORY NO. 39: Please IDENTIFY all of YOUR board members who inspected PLAINTIFF'S CONDOMINIUM RELATED TO any mold contamination and water intrusion issues. SPECIAL INTERROGATORY NO. 40: Please state the date that YOU first became aware of moisture in in the slab beneath PLAINTIFF'S CONDOMINIUM. SPECIAL INTERROGATORY NO. 41: Please state the date on which repairs first began toward remediating the moisture in the slab underneath PLAINTIFF'S CONDOMINIUM. SPECIAL INTERROGATORY NO.42: Please describe all reasons why repairs toward remediating the moisture in the slab underneath PLAINTIFF'S CONDOMINIUM were DELAYED from the date YOU first became aware of the slab moisture. SPECIAL INTERROGATORY NO. 43: Please describe the procedure for addressing maintenance requests from residents of the condominium complex at 6600 Warner Ave., Huntington Beach, CA 92647. SPECIAL INTERROGATORY NO. 44: Please describe the procedure for the approval of any maintenance request from a resident of the condominium complex at 6600 Warner Ave., Huntington Beach, CA 92647. SPECIAL INTERROGATORY NO. 45: Please describe the process for approval ofrepairs to common areas of the condominium complex at 6600 Warner Ave., Huntington Beach, CA 92647. SPECIAL INTERROGATORY NO. 46: Please describe the deficiencies stated in any reports sent to YOU RELATING TO defects of the complex walls within the condominium complex at 6600 Warner Ave., LA/503906- 37944-001 8 Bb Co PLAINTIFF JAMES HEARD'S SPECIAL INTERROGATORIES, SET ONE, TO DEFENDANT VILLA WARNER CONDOMINIUM ASSOCIATION L o n g B e a c h , Ca li fo rn ia 9 0 8 0 6 (5 62 ) 9 2 3 - 0 9 7 1 T R E D W A Y , L U M S D A I N E & D O Y L E L L P 3 9 0 0 Ki lr oy Ai rp or t W a y , Su it e 2 4 0 O o 0 N N S N D n R h W N R O R N O R R O R O R O N K N m m e m e m e e e m e m p m e m e m ® N A A N A W N E O Y N N T A W N = O Huntington Beach, CA 92647 from January 1, 2012 to present day. SPECIAL INTERROGATORY NO. 47: Please describe the issues stated in any reports sent to YOU RELATING TO water intrusion into any units within the condominium complex at 6600 Warner Ave., Huntington Beach, CA 92647 from January 1, 2012 to present day. DATED: July 14, 2016 LA/503906-1 37944-001 TREDWAY, LUMSDAINE & DOYLE LLP ROY J. IMENEZ CARA M. CROWNOVER By: (ONO(susp CARA M. CROWNOVER Attorneys for JAMES HEARD 9 PLAINTIFF JAMES HEARD'SSPECIAL INTERROGATORIES, SETONE,TODEFENDANTVILLAWARNER CONDOMINIUM ASSOCIATION C e 0 N a a n n A W N e (5 62 ) 92 3- 09 71 CE E E a a A N R W N = o T R E D W A Y , L U M S D A I N E & D O Y L E L L P 3 9 0 0 Ki lr oy Ai rp or t W a y , Su it e 2 4 0 L o n g B e a c h , Ca li fo rn ia 9 0 8 0 6 B N N D N N N N N e e ® 0 S N A W N = o e DECLARATION FOR ADDITIONAL DISCOVERY I, Cara M. Crownover, declare as follows: 1. I am an associate with Tredway, Lumsdaine & Doyle LLP, presently the attorneys of record for Plaintiff James Heard, a party to this action or proceeding. 2. I am propounding to Defendant Villa Warner Condominium Association the attached set of special interrogatories. 3. This set of interrogatories will cause the total number ofspecially prepared interrogatories propoundedto the party to whom they are directed to exceed the number of specially prepared interrogatories permitted by Section 2030.030 of the Code of Civil Procedure. 4, I have previously propounded zero (0) specially prepared interrogatories to this party. 5. This set of interrogatories contains a total of 47 specially prepared interrogatories. 6. I am familiar with the issues in this case and the previous discovery conducted by all ofthe parties in the case. 7. I have personally prepared each of the questions in this set of interrogatories. 8. This number of questions is warranted under Code of Civil Procedure section 2030.040 because of the complexity and quantity of the existing and potential issues in this case. 9. None ofthe questions in this set of 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 oflitigation. 11] /11 I 117 1117 LA/5039006-1 37944-001 10 PLAINTIFF JAMES HEARD'S SPECIAL INTERROGATORIES, SET ONE, TO DEFENDANT VILLA WARNER CONDOMINIUM ASSOCIATION T R E D W A Y , L U M S D A I N E & D O Y L E LL P 3 9 0 0 Ki lr oy Ai rp or t W a y , Su it e 2 4 0 L o n g B e a c h , Ca li fo rn ia 9 0 8 0 6 (5 62 ) 92 3- 09 71 10 11 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 I declare under penalty ofpetjury under the laws of the State of California that the foregoingis true and correct, and that this declaration was executed on July 14, 2016,at VE| Cara M. Crownover Long Beach, California. LA/503906-1 37944-001 11 PLAINTIFF JAMES HEARD'SSPECIALINTERROGATORIES, SETONE, TO DEFENDANTVILLA WARNER CONDOMINIUM ASSOCIATION L o n g B e a c h , Ca li fo rn ia 8 0 8 0 6 (5 62 ) 9 2 3 - 0 9 7 1 T R E D W A Y , L U M S D A I N E & D O Y L E L L P 3 9 0 0 Ki lr oy Ai rp or t W a y , Su it e 2 4 0 N O 0 0 N a n h A W N R R N N N N N N N e p e m m p m pe d e d Ge d e d W@ W N S U U RA R W N = D C L N a N N T RA R W N = D PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES At the time ofservice, | was over 18 years of age and not a party to this action. I am employed in the County ofLos Angeles, State of California. My business address is 3900 Kilroy Airport Way, Suite 240, Long Beach, CA 90806. On July 14, 2016, I served true copies of the following document(s) described as PLAINTIFF JAMES HEARD'S SPECIAL INTERROGATORIES, SET ONE, TO DEFENDANT VILLA WARNER CONDOMINIUM ASSOCIATIONon the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the personsat the addresseslisted in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I amreadily familiar with Tredway, Lumsdaine & Doyle LLP's practice for collecting and processin correspondence for mailing, On the same day that the correspondenceis placed for collection and mailing, it is deposited in the ordinary course ofbusiness with the United States Postal Service, in a sealed envelope with postage fully prepaid. I declare under penalty of perjury under the laws ofthe State of California that the foregoing is true and correct. Executed on July 14, 2016, at Long Beach, California. Volone Kimberly Reyes() ' LA/503906-1 37944-001 oo B ~ PLAINTIFF JAMES HEARD'S SPECIAL INTERROGATORIES, SET ONE, TO DEFENDANT VILLA WARNER CONDOMINIUM ASSOCIATION 3 9 0 0 Ki lr oy Ai rp or t W a y , Su it e 2 4 0 L o n g B e a c h , Ca li fo rn ia 9 0 8 0 6 (6 62 ) 92 3- 09 71 TR ED WA Y, LU MS DA IN E & DO YL E LL P C e 0 0 S N n t A a W N = N O O N N N N N N N N = e m p m p d p d e d e d e k e d 0 N N S N U h W N = S C C e N a R A R W N = O o SERVICE LIST Heard v. Villa Warner, etc. 30-2016-00830353-CU-BC-CJC JEAN M. MORIARTY Attorney for Defendants Villa Warner Law Offices of Andrew W. Macrae Condominium Association and Optimum P.O. Box 258829 Oklahoma City, OK 73125-829 T: (714) 541-4454 MARC J. ZIMET JOSE R. GONZALEZ Jampol Zimet LLP Professional Property Management, Inc. Attorney for Defendant Tri-Star Construction and Restoration Services, Inc. 800 Wilshire Boulevard, Ste. 1400 Los Angeles, CA 90017 T: (213) 689-8500 F: (213) 689-8501 L.A/503906-1 37944-001 “PLAINTIFF JAMES HEARD'S SPECIAL INTERROGATORIES,SET ONE, TO DEFENDANT VILLA WARNER CONDOMINIUM ASSOCIATION EXHIBIT B Kimberly Reyes From: Michele Le Sent: Thursday, August 18, 2016 10:08 AM To: Kimberly Reyes Cc: Jean Moriarty Subject: Heard v. Villa Warner Dear Kimberly, This email is to confirm that defendant Villa Warner was granted an extension to September 1, 2016 to serve its discovery responses propounded by plaintiff James Heard. Thank you for your courtesy and cooperation. Michele H. Le Paralegal Law Office of Andrew W. Macrae Santa Ana Branch Legal Office Farmers Insurance Exchange & Affiliates 2677 N. Main Street, Suite 200 Santa Ana, CA 92705 Mailing Address: P.O. Box 258829 Oklahoma City, OK 73125-8829 (714) 480-7238 - Direct Line (714) 480-0711 - Fax michele.le@farmersinsurance.com **%%% PLEASE NOTE ***** This E-Mail/telefax message and any documents accompanying this transmission may contain privileged and/or confidential information and is intended solely for the addressee(s) named above. If you are not the intended addressee/recipient, you are hereby notified that any use of, disclosure, copying, distribution, or reliance on the contents of this E-Mail/telefax information is strictly prohibited and may result in legal action against you. Please reply to the sender advising of the error in transmission and immediately delete/destroy the message and any accompanying documents. Thank you,***** EXHIBIT C Kimberly Reyes From: Michele Le Sent: Thursday, September 01, 2016 10:30 AM To: Kimberly Reyes Cc: Jean Moriarty Subject: Heard v. Villa Warner Hi Kimberly, This emailis to confirm that you have graciously granted defendant Villa Warneran extension of time to September 12, 2016 in which to respond to plaintiff's outstanding discovery. Thank you so much for your professional cooperation. Michele H. Le Paralegal Law Office of Andrew W. Macrae Santa Ana Branch Legal Office Farmers insurance Exchange & Affiliates 2677 N. Main Street, Suite 200 Santa Ana, CA 92705 Mailing Address: P.O. Box 258829 Oklahoma City, OK 73125-8829 (714) 480-7238 - Direct Line (714) 480-0711 - Fax michele.le@farmersinsurance.com *x*%% p|EASE NOTE ***** This E-Mail/telefax message and any documents accompanying this transmission may contain privileged and/or confidential information and is intended solely for the addressee(s) named above. If you are not the intended addressee/recipient, you are hereby notified that any use of, disclosure, copying, distribution, or reliance on the contents of this E-Mail/telefax information is strictly prohibited and may result in legal action against you. Please reply to the sender advising of the error in transmission and immediately delete/destroy the message and any accompanying documents. Thank you, ***** EXHIBIT D Kimberly Reyes From: Michele Le Sent: Wednesday, September 14, 2016 10:25 AM To: Kimberly Reyes Cc: Jean Moriarty Subject: RE: Heard v. Villa Warner Attachments: pic25451.jpg Hi Kimberly, Thank you for the reply. We agree to overnight our responses and documents by September 26, 2016. We are making an effort to serve your office with the responses and documents by this Friday, 9/16/16, as I will be out of the office until October 3, 2016. Michele H. Le Paralegal Law Office of Andrew W. Macrae Santa Ana Branch Legal Office Farmers Insurance Exchange & Affiliates 2677 N. Main Street, Suite 200 Santa Ana, CA 92705 Mailing Address: P.O. Box 258829 Oklahoma City, OK 73125-8829 (714) 480-7238 - Direct Line (714) 480-0711 - Fax michele.le@farmersinsurance.com From: Kimberly Reyes To: 'Michele Le' , Cc: 'Jean Moriarty’ , Cara Crownover Date: 09/13/2016 05:29 PM Subject: RE: Heard v. Villa Warner Hi Michele, Sorry for the late response; however, we can grant the third extension to you required deadline of 9/26/16 with the stipulation that the responses and documents produced by overnighted. As the deposition of our client is quickly approaching, and the documents will be produced only a week prior 1 to his deposition, we will need to review these prior to that date. Please advise if that is acceptable. If so, the extension is granted. (Embedded image moved to file: pic25451.jpg) http:/tldlaw.com/global_pictures/TL.D_ Email Sig-41316.png Kimberly Reyes Trust Administration and Civil Litigation Paralegal P. 562.923.0971 | D. 562.283.2331 | F. 866.831.7302 3900 Kilroy Airport Way, Suite 240, Long Beach, CA. 90806 www.tldlaw.com http://tldlaw.com/global_pictures/TLD_FB.png http://tldlaw.com/global_pictures/TLD_Tw.png http://tldlaw.com/global_pictures/TLD_LILpng TREDWAY LUMSDAINE & DOYLE LLP Long Beach | Irvine | Downey | Beverly Hills This e-mail may contain confidential information which is legally privileged. The informationis solely for the use of the addressee(s) named above. If you are not the intended recipient, any disclosure, duplication, distribution or other use of the contents of this information is strictly prohibited. If you received this e-mail in error, please delete this message and notify us of the error by return e-mail or by telephone at 562.923.0971. Thank you. eneOriginal Message----- From: Michele Le [mailto:michele.le@farmersinsurance.com] Sent: Tuesday, September 13, 2016 2:03 PM To: Kimberly Reyes Cc: Jean Moriarty Subject: Heard v. Villa Warner Hi Kimberly, We have discovery responses due to you yesterday but I was not in. I would like to request a two-week extension of time to 9/26/16 due to the complexity of the case and the volume of documents involved. Also attorney Jean Moriarty was out of the office and just returned to work this week. Thank you so much for your professional cooperation, Michele H. Le Paralegal Law Office of Andrew W. Macrae Santa Ana Branch Legal Office Farmers Insurance Exchange & Affiliates 2677 N. Main Street, Suite 200 Santa Ana, CA 92705 Mailing Address: P.O. Box 258829 Oklahoma City, OK 73125-8829 (714) 480-7238 - Direct Line (714) 480-0711 - Fax michele.le(@farmersinsurance.com ***%* PLEASE NOTE ***** This E-Mail/telefax message and any documents accompanying this transmission may contain privileged and/or confidential information and is intended solely for the addressee(s) named above. If you are not the intended addressee/recipient, you are hereby notified that any use of, disclosure, copying, distribution, or reliance on the contents of this E-Mail/telefax informationis strictly prohibited and may result in legal action against you. Please reply to the sender advising ofthe error in transmission and immediately delete/destroy the message and any accompanying documents. Thank you. ***** **k4% PLEASE NOTE ***** This E-Mail/telefax message and any documents accompanying this transmission may contain privileged and/or confidential information and is intended solely for the addressee(s) named above. If you are not the intended addressee/recipient, you are hereby notified that any use of, disclosure, copying, distribution, or reliance on the contents of this E-Mail/telefax information is strictly prohibited and may result in legal action against you. Please reply to the sender advising ofthe error in transmission and immediately delete/destroy the message and any accompanying documents. Thank you. ***** EXHIBIT E JEAN M. MORIARTY, ESQ. — State Bar No. 118943 LLAW OFFICE OF ANDREWW. MACRAE Mailing Address: PO Box 258829 Oklahoma City, OK 73125-8829 Physical Address: 2677 North Main Street, Suite 200 Santa Ana, CA 92705 Phone: (714) 541-4454 Fax: (714) 558-0967 Attorney for Defendants, VILLA WARNER CONDOMINIUM ASSOCIATION AND OPTIMUM PROFESSIONAL PROPERTY MANAGEMENT,INC. ~ SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE, CENTRAL JUSTICE CENTER JAMES HEARD, Case No.: 30-2016-00830353 Unlimited Jurisdiction Plaintiff, ASSIGNED TO FOR ALL PURPOSES: vs. HON. THEODORE HOWARD DEPT: C18 VILLA WARNER CONDOMINIUM ASSOCIATION,a California Corporation, ANSWERS TO SPECIAL OPTIMUM PROFESSIONAL PROPERTY INTERROGATORIES MANAGEMENT, INC., a California Corporation, FARMERS SERVICES INSURANCE AGENCY, a California Corporation, TRI-STAR CONSTRUCTION AND RESTORATION SERVICES, INC., a California Corporation and DOES 1-50, inclusive, Defendants. PROPOUNDING PARTY: PlaintiffJAMES HEARD RESPONDING PARTY: Defendant VILLA WARNER CONDOMINIUM ASSOCIATION SET NUMBER: ONE COMES NOW Defendant VILLA WARNER CONDOMINIUM ASSOCIATION,and responds to Special Interrogatories propounded by Plaintiff JAMES HEARD, in this matter, as follows: ANSWERS TO SPECIAL INTERROGATORIES - 1 N o PRELIMINARY STATEMENT It should be noted that this responding party has not fully completed investigation ofthe facts relating to this case, has not fully completed discovery in this action, and has not completed preparation for trial. All of the responses contained herein are based only upon such information and documents which are presently available to and specifically known to this responding party and disclose only those contentions which presently occur to such responding party. It is anticipated that further discovery, independent investigation, legal research and analysis will supply additional facts and add meaning to the known facts, as well as establish entirely new factual conclusions and legal contentions, all of which may lead to substantial addition to, changes in and variations from the contentions herein set forth. The following responses are given without prejudice to responding party’s right to produce evidence of any subsequently discovered fact or facts which this responding party may later recall. Responding party accordingly reserves the right to change any and all answers herein as additional facts are ascertained, analyses are made, legal research is completed and contentions are made. The responses contained herein are made in good faith effort to supply as much factual information as is presently known but should in no way be to the prejudice of this responding party in relation to further discover, research or analysis. ANSWERS TO SPECIAL INTERROGATORIES 1. Optimum Property Management was initially informed in late January 2015 or early February 2015. 2. Optimum Property Management was initially informed in late January 2015 or early February 2015. 3. Objection: Vague, ambiguous and overbroad. There has been numerous communication regarding the subject events complained of by plaintiff. 4. Objection: Vague, ambiguous and overbroad. There has been numerous communication regarding the subject events complained of by plaintiff. 5. Actions include but are not limited to meetings of the board of directors, retention of plumbers, structural engineer, leak detection companies, contractors, investigations, repairs and testing. ANSWERS TO SPECIAL INTERROGATORIES -2 10 13 14 15 16 17 Responding party hired a plumbing company to penetrate the concrete to expose the plumbing line and relocate the line form the ground into the ceiling. 6. Remediation consistent with the expert recommendations were performed in 2015 and 2016. For detail refer to the reports provided the parties and produced in this litigation. 7. This Responding party refers to and incorporates herein the reports and repair invoices which reflect the inspections. 8. This Responding party refers to and incorporates herein the reports and repair invoices which reflect the inspections. 9. Objection: Vague, ambiguous, overbroad, burdensome, oppressive and irrelevant. 10. Objection: Vague, ambiguous, overbroad, burdensome, oppressive and irrelevant. 11. Objection: Vague, ambiguous and overbroad. Without waiving the objection, underground pipes are inspected appropriately in response to a complaint as the pipes are located visible to inspection. 12. An agent performs monthly inspection of all common area components that are the responsibility ofthe HOA to maintain. 13. The responsibilities are as set forth in the CC&Rs. 14. Required repairs that are within a specific spending threshold will be executed by the property management company. Repairs that are above the threshold are required to be submitted to the Board for approval. 15. Unknown. 16. Objection. Irrelevant and seeks collateral source information. 17. Objection. Irrelevant and seeks collateral source information. 18. Meetings wherein water or mold was discussed were as follows: 3/03/16, 3/24/16, 4/28/16, 5/26/16 & 6/23/16. 19. Meetings wherein water or mold was discussed were as follows: 3/03/16, 3/24/16, 4/28/16, 5/26/16 & 6/23/16. ANSWERS TO SPECIAL INTERROGATORIES -3 [3 %] 20. Plaintiff is referred to answer to special interrogatory No. 18. In addition, 2/24/15 executive session meeting minutes; 2/25/15 general session meeting minutes; 3/25/15 general session meeting minutes; 4/12/15 emergency general session minutes; 4/22/15 executive session meeting minutes; 8/27/15 executive session meeting minutes; 8/27/15 general session meeting minutes. 21. 4/22/15 executive session meeting minutes; 3/25/15 general session meeting minutes; 2/25/15 general session meeting minutes; 3/24/16 executive session meeting minutes; 4/28/16 executive session meeting minutes; 5/26/16 executive session meeting minutes; 6/23/16 executive session meeting minutes. 22. Objection: Invasion of attorney work product and attorney client privilege. This responding party objects to this interrogatory pursuant to the instruction section 2(d) in that responding party has not completed discovery, including the taking ofplaintiff’s deposition, the review of plaintiff's medical records and examination of plaintiffs by a physician. This contention is reserved. Discovery is in progress, responding party does not waiveits right to supplementthis response without prejudice to further discovered facts. 23. Objection: Invasion of attorney work product and attorney client privilege. This responding party objectsto this interrogatory pursuantto the instruction section 2(d) in that responding party has not completed discovery, including but not limited to expert inspection and analysis of the cause ofthe leak, determination ofwhen the leak started and what action, inaction or delay was as a result of plaintiff’s conduct, taking of plaintiff's deposition, the review of plaintiff's medical records and examination of plaintiffs by a physician. This contention is reserved. Discovery is in progress, responding party does not waive its right to supplementthis response without prejudice to further discovered facts. Without waiving the stated objection this responding party allegesthat: (a) Plaintiff was not dilatory in reporting the leak to the Association (b) Plaintiffremoved Association property without its knowledge, consent or permission. ©) Plaintiffwas aware of issues with water and or mold in the interior of the subject unit prior to October 2014 and failed to report same. (d) Plaintiff has experienced other leaks in the unit from neighboring properties that are not related to or caused by the Association. ANSWERS TO SPECIAL INTERROGATORIES -4 n N 4 6 (e) Plaintiff's care and treatment may not be related to the alleged mold or water condition. (® Plaintiff's alleged loss of earnings may not be related to the alleged mold or water condition. © Plaintiff had pre-existing medical conditions that are unrelated to the subject complaints. (h) Plaintiff was already on disability at the time of the alleged incidents. @) The CC&R’s provide that plaintiffis not entitled to recover for damages caused by a breach ofCC&R or negligence ifnot covered by insurance. The claims made by plaintiff are subject to a mold exclusion of the Association policy and therefore not recoverable by plaintiff. G0 Plaintiff had a duty to maintain insurance to insure damage to the interior elements and personal property of his unit. © Plaintiff is responsible for the repair and maintenance ofthe unit as required by the CC&R’s including but not limited to the floors, windows, etc. y) Theparties and all witnesses identified in discovery thus far. (m) The documents produced in discovery thus far and concurrently herewith. 24. Dilip Khatri of Khatri International 626-351-4830, Brian Beyers of MasterCare 949-589- 1300, A2Z plumbing, 714-572-9471. 2/18/15 Service Request, 2/18/15 Proposal from Patriot Environmental Laboratory Services, 2/20/15 Service Request; 2/20/15 Proposal from Patriot Environmental; 2/24/15 Service Request; 2/24/15 Limited Asbestos Drywall Survey & Report from Patriot Environmental; 2/24/15 Proposal from Patriot Re Mold Investigation; 3/2/15 Service Request; 2/27/15 Preliminary Mold and Spore Investigation from Patriot Environmental; 4/28/15 report from S.M. Inspections Re Air Sampling; 5/11/15 Report from S.M. Inspections; 2/5/15 Service Request to American Leak Detection; 2/17/15 Invoice from American Leak Detection; 2/12/15 Service Request for A Growing Concern; 2/18/15 Service Request to American Leak Detection; 2/12/15 Leak Inspection Proposal from Carasso Construction; 2/27/15 Leak Inspection Findings from Carasso Construction; 4/6/15 Service Request; 4/8/15 Invoice from Power Pro Plumbing Re Leak Detection; 1/8/15 DryMaster Estimate for Mold Remediation; 1/30/15 Mold Mitigation Estimate from SPT Services dba Servpro; 2/18/15 Report from Flood One of Orange; 3/18/15 Flood One Estimate for Mold Remediation; 4/10/15 ANSWERS TO SPECIAL INTERROGATORIES -5 20 21 22 Tri-Star Estimate and invoice; 5/20/15 Tri-Star Estimate Re Mold & Asbestos Abatement and invoice; 7/9/15 Tri-Star Repair Estimate. 25. Dilip Khatri of Khatri International 626-351-4830, Brian Beyers of MasterCare 949-589- 1300, A2Z plumbing, 714-572-9471. 2/18/15 Service Request, 2/18/15 Proposal from Patriot Environmental Laboratory Services, 2/20/15 Service Request; 2/20/15 Proposal from Patriot Environmental; 2/24/15 Service Request; 2/24/15 Limited Asbestos Drywall Survey & Report from Patriot Environmental; 2/24/15 Proposal from Patriot Re Mold Investigation; 3/2/15 Service Request; 2/27/15 Preliminary Mold and Spore Investigation from Patriot Environmental; 4/28/15 report from S.M.Inspections Re Air Sampling; 5/11/15 Report from S.M. Inspections; 2/5/15 Service Request to American Leak Detection; 2/17/15 Invoice from American Leak Detection; 2/12/15 Service Request for A Growing Concern; 2/18/15 Service Request to American Leak Detection; 2/12/15 Leak Inspection Proposal from Carasso Construction; 2/27/15 Leak Inspection Findings from Carasso Construction; 4/6/15 Service Request; 4/8/15 Invoice from Power Pro Plumbing Re Leak Detection; 1/8/15 DryMaster Estimate for Mold Remediation; 1/30/15 Mold Mitigation Estimate from SPT Services dba Servpro; 2/18/15 Report from Flood One of Orange; 3/18/15 Flood One Estimate for Mold Remediation; 4/10/15 Tri-Star Estimate and invoice; 5/20/15 Tri-Star Estimate Re Mold & Asbestos Abatement and invoice; 7/9/15 Tri-Star Repair Estimate. 26. Dilip Khatri of Khatri International 626-351-4830, Brian Beyers of MasterCare 949-589- 1300, A2Z plumbing, 714-572-947. 2/18/15 Service Request, 2/18/15 Proposal from Patriot Environmental Laboratory Services, 2/20/15 Service Request; 2/20/15 Proposal from Patriot Environmental; 2/24/15 Service Request; 2/24/15 Limited Asbestos Drywall Survey & Report from Patriot Environmental; 2/24/15 Proposal from Patriot Re Mold Investigation; 3/2/15 Service Request; 2/27/15 Preliminary Mold and Spore Investigation from Patriot Environmental; 4/28/15 report from S.M. Inspections Re Air Sampling; 5/11/15 Report from S.M. Inspections; 2/5/15 Service Request to American Leak Detection; 2/17/15 Invoice from American Leak Detection; 2/12/15 Service Request for A Growing Concern; 2/18/15 Service Request to American Leak Detection; 2/12/15 Leak Inspection Proposal from Carasso Construction; 2/27/15 Leak Inspection Findings from Carasso Construction; 4/6/15 Service Request; 4/8/15 Invoice from Power Pro Plumbing Re Leak Detection; 1/8/15 DryMaster ANSWERS TO SPECIAL INTERROGATORIES - 6 Estimate for Mold Remediation; 1/30/15 Mold Mitigation Estimate from SPT Services dba Servpro; 2/18/15 Report from Flood One of Orange; 3/18/15 Flood One Estimate for Mold Remediation; 4/10/15 Tri-Star Estimate and invoice; 5/20/15 Tri-Star Estimate Re Mold & Asbestos Abatement and invoice; 7/9/15 Tri-Star Repair Estimate. 27. Brian Beyers of MasterCare 949-589-1300, A2Z plumbing, 714-572-9471. 2/18/15 Service Request, 2/18/15 Proposal from Patriot Environmental Laboratory Services, 2/20/15 Service Request; 2/20/15 Proposal from Patriot Environmental; 2/24/15 Service Request; 2/24/15 Limited Asbestos Drywall Survey & Report from Patriot Environmental; 2/24/15 Proposal from Patriot Re Mold Investigation; 3/2/15 Service Request; 2/27/15 Preliminary Mold and Spore Investigation from Patriot Environmental; 4/28/15 report from S.M. Inspections Re Air Sampling; 5/11/15 Report from S.M. Inspections; 2/5/15 Service Request to American Leak Detection; 2/17/15 Invoice from American Leak Detection; 2/12/15 Service Request for A Growing Concern; 2/18/15 Service Request to American Leak Detection; 2/12/15 Leak Inspection Proposal from Carasso Construction; 2/27/15 Leak Inspection Findings from Carasso Construction; 4/6/15 Service Request; 4/8/15 Invoice from Power Pro Plumbing Re Leak Detection; 1/8/15 DryMaster Estimate for Mold Remediation; 1/30/15 Mold Mitigation Estimate from SPT Services dba Servpro; 2/18/15 Report from Flood One of Orange; 3/18/15 Flood One Estimate for Mold Remediation; 4/10/15 Tri-Star Estimate and invoice; 5/20/15 Tri-Star Estimate Re Mold & Asbestos Abatement and invoice; 7/9/15 Tri-Star Repair Estimate. 28. Objection: Vague, ambiguous and overbroad. Optimum Professional Property Management received notification via email from plaintiff's daughter that water was coming from the plaintiff's floor. Optimum notified the Board. 29. Objection: Vague, ambiguous and overbroad. Optimum Professional Property Management notified responding party and awaited the direction from responding party. The Board authorized retention of an expert in leak detection on February 4, 2014. 30. Objection: Vague, ambiguous and overbroad. Without waiving the objection, 2/18/15 Service Request, 2/18/15 Proposal from Patriot Environmental Laboratory Services, 2/20/15 Service Request; 2/20/15 Proposal from Patriot Environmental; 2/24/15 Service Request; 2/24/15 Limited Asbestos Drywall Survey & Report from Patriot Environmental; 2/24/15 Proposal from Patriot Re Mold ANSWERS TO SPECIAL INTERROGATORIES -7 N o Investigation; 3/2/15 Service Request; 2/27/15 Preliminary Mold and Spore Investigation from Patriot Environmental; 4/28/15 report from S.M. Inspections Re Air Sampling; 5/11/15 Report from S.M. Inspections; 2/5/15 Service Request to American Leak Detection; 2/17/15 Invoice from American Leak Detection; 2/12/15 Service Request for A Growing Concern; 2/18/15 Service Request to American Leak Detection; 2/12/15 Leak Inspection Proposal from Carasso Construction; 2/27/15 Leak Inspection Findings from Carasso Construction; 4/6/15 Service Request; 4/8/15 Invoice from Power Pro Plumbing Re Leak Detection; 1/8/15 DryMaster Estimate for Mold Remediation; 1/30/15 Mold Mitigation Estimate from SPT Services dba Servpro; 2/18/15 Report from Flood One of Orange; 3/18/15 Flood One Estimate for Mold Remediation; 4/10/15 Tri-Star Estimate and invoice; 5/20/15 Tri-Star Estimate Re Mold & Asbestos Abatement and invoice; 7/9/15 Tri-Star Repair Estimate. 31. Objection: Vague, ambiguous and overbroad. Without waiving the objection, plaintiff is referred to answerto special interrogatory No. 30 above. 32. Objection: Vague, ambiguous and overbroad. Without waiving the objection, plaintiffis referred to answerto special interrogatory No. 30 above. 33. Objection: Vague, ambiguous and overbroad. Without waiving the objection, plaintiff is referred to answerto special interrogatory No. 30 above. 34. Objection: Vague, ambiguous and overbroad, burdensome, unintelligible, oppressive and harassing. Further objection: The interrogatory assumes facts not in evidence. Without waiving the objection, no complaint was received. 35. Objection: Vague, ambiguous and overbroad, burdensome, unintelligible, oppressive and harassing. Further objection: The interrogatory assumes facts not in evidence. Without waiving the objection, no complaint was received similar to plaintiff’s. Complaints have been received of water intrusions during heavy rains or other unit ownerissues. 36. - Objection: Vague, ambiguous and overbroad. Without waiving the objection, underground pipesare inspected appropriately in response to a complaint as the pipes are located visible to inspection. 37. Objection: Vague, ambiguous, overbroad, unintelligible and calls for speculation. This responding party contends there were no delays other than those that may have been caused by plaintiff. ANSWERS TO SPECIAL INTERROGATORIES -8 19 20 21 This responding party wasactively engaged in resolution of the issues at plaintiff's property. Discovery is in progress, responding party does not waive its right to introduce further evidence or documents in this regard at time ofhearing on this matter. 38. None other than the witnesses, contractors, plumbers, inspectors and other individuals identified in discovery to date. 39. David Jacob inspected the unit. 40. To the best of our recollection in or about April 2016. 41. Objection: Harassing. Plaintiff is the owner ofthe unit and aware of when the repairs were begun. 42. Objection: Vague, ambiguous and overbroad. Without waiving the objection, responding party and its agent were not able to determine the source of the moisture in the slab underneath’s plaintiff’s unit until the concrete slab was exposed. After it was exposed the experts prepared proposals and bids which were reviewed and approved as appropriate. 43. Objection: Vague, ambiguous and overbroad. Without waiving the objection, responding party’s agent will address the issue within 24 hours pending that there is not a project in place or that is schedule to commence within a specific period of time and if it is within the threshold ofthe agent’s spending limit. 44. A work orderis generated which indicates approval of said maintenance request and is either faxed or emailed to the appropriate vendor. 45. A work order is generated which indicates approval of said common area repair request and is either faxed or emailed to the appropriate vendor. 46. Objection: Vague, ambiguous, overbroad as to time and attorney work-product. Further the interrogatory calls for expert opinion. The interrogatory also lacks foundation. Without waiving the objection, responding party is unable to provide an answer atthis time based upon the currently available information. Discovery is in progress, responding party does not waiveits right to introduce further evidence or documents in this regard at time ofhearing on this matter. 47. Objection: Vague, ambiguous, overbroad, burdensome and harassing. Also seeks attorney work-product. Further the interrogatory calls for expert opinion. Without waiving the ANSWERS TO SPECIAL INTERROGATORIES- 9 I objection, plaintiffis referred to answer to interrogatory No. 30. Discovery is in progress, responding 2 party does not waiveits right to introduce further evidence or documentsin this regard at time ofhearing on 3 this matter, 4 5 DATED: September 15,2016 LAW OFFICE OF ANDREW W. MACRAE & BY: ) ’ Citemsnn Ch \/ 8 JEAN M. MORIARTY, ESQ. 5 Attorney for Defendants, VILLA WARNER CONDOMINIUM ASSOCIATION 10 AND OPTIMUM PROFESSIONAL PROPERTY MANAGEMENT,INC. 11 12 13 i4 15 16 17 18 19 20: 21 22 23 24 25 26 27 28 oo oo ANSWERS TOSPECIAL INTERROGATORIES -10 So Re: James Heard v. Villa Warner Condo. Assoc., et al. Case Number: 30-2016-00830353 PROOF OF SERVICE Code of Civil Procedure §§ 1013a, 2015.5 I am a resident of the State of California and over the age of eighteen years, and not a party to the] within action, My business address is 2677 North Main Street, Suite 200, Santa Ana, CA 92705. On September 16, 2016, I served the following document(s): ANSWERS TO SPECIAL INTERROGATORIES By placing the document(s) listed above in a sealed envelope, addressed as set forth below, and placing the envelope for collection and mailing in the place designated for X such in our offices, following ordinary business practices. By transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m. By causing a true copy thereof to be personally delivered to the person(s) at the address(es) set forth below. SEE ATTACHED SERVICE LIST I am readily familiar with the firm’s practice of collection and processing correspondence for mailing with the United States Postal Service. Underthat practice, it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion ofthe party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on September 16, 2016, at Santa Ana, California. “dA MICHELE H. LE ANSWERS TOSPECIAL INTERROGATORIES- 11 14 15 16 17 18 25 26 27 28 Re: James Heard v. Villa Warner Condo. Assoc.et al. Case Number: 30-2016-00830353 SERVICE LIST Roy J. Jimenez, Esq. Tredway, Lumsdaine & Doyle LLP 3900 Kilroy Airport Way, #240 Long Beach, CA 90806 Attorney for Plaintiff, JAMES HEARD Phone: (562) 923-0971 Fax: (866) 831-7302 rjiimenez@tldlaw.com Roy J. Jimenez, Esq. Tredway, Lumsdaine & Doyle LLP 3900 Kilroy Airport Way, #240 Long Beach, CA 90806 Attorney for Plaintiff, JAMES HEARD Phone: (562) 923-0971 Fax: (866) 831-7302 rjimenez@tldlaw.com ANSWERS TO SPECIAL INTERROGATORIES - 12 EXHIBIT F Cara M. Crownover | Ccrownover@tldlaw.com | Long Beach Office 3900 Kilroy Airport Way | Suite 240 | Long Beach, CA 90806 0, (562) 923-0971 | F. (866) 831-7302 www.tldlaw.com "LAW September 27, 2016 VIA E-MAIL AND FED-EX jean.moriarty@farmersinsurance.com Jean Moriarty Jean Moriarty Law Offices ofAndrew W. Macrae Law Offices of Andrew W. Macrae P.O. Box 258829 2677 North Main Street, Ste. 200 Oklahoma City, OK 73125-8829 Santa Ana, CA 92705 Re: Heard v. Villa Warner Condominium Association, et al. Orange County Superior Court Case No.: 30-2016-00830353-CU-BC-CJC Dear Ms. Moriarty: We have received and reviewed your clients’ responses to our discovery and have determined that many ofthe responses are incomplete, completely non-responsive or are otherwise improper. Consider this letter our attempt to "Meet and Confer" on the matter as required by California Code of Civil Procedure § 2016.040. With the multiple extensions given, the answers and production should have been answered in good faith and they should have been complete as your client had ample time to compile all items and answers sought. Instead, it is apparent that your client answered in bad faith and did not attempt to give accurate and complete answers. Your client has, in fact, denied facts that are absolutely true and provable or even directly contradicted by your other responses or by the production that was submitted. The discovery responses were due originally on August 18, 2016, We granted extensions on August 23", September 1, and again on September 12", Your responses wete due, based on the extension given on the 12", September 26". You have had almost two monthsto respond and we are working on a short trial deadline without room for these sort of delays. Any further lack of cooperation will prevent discovery from being completedprior to the discovery cut-off, especially if we must file motions to compel, and if there are additional discovery which will need to be propounded based upon your clients' answers, once received. Please review the information herein and respond by the deadline provided below. LA/538097-1 37944-001 Long Beach | Irvine | Downey | Beverly Hills TREDWAY LUMSDAINE & DOYLE LLP Jean Moriarty September 27, 2016 Page 2 VILLA WARNER RESPONSES Request for production of documents. 1,2, 3, 4. Propounding Party believes that there are additional documents and communications relating to water intrusion and mold issues within the condominium. There were only a couple of emails which were part of the production, and these were only those sent by people submitting bids for work. There are no documents or communications between the Defendants. There are no documents or communications between the Defendants and Farmers Insurance. There are no documents that would be part of an owner's file or minutes of meetings. There are no documents which evidence any of the multiple calls Plaintiff made to Defendants, which would normally be recorded by a business. Documents and communications include electronically stored documents and communications. These requests are seeking all of those documents and communications which are not privileged. If Responding Party is claiming that all emails and documents and communications are privileged under the attorney work product doctrine, please provide a privilege log. 5, 6. Propounding Party has not received any report from A2Z Plumbing, Khatri International, or All Pro, which Defendants also sent to his home. Please provide. 7, 8, 14. The response states that these documents have never existed; however, Defendant's Board of Director's meetings’ minutes refer to multiple reports and complaints made by other owners, and invoices related to both water intrusion and mold. Please provide all, including those referred to in the minutes. 11, 12. The contract, which was provided in Defendant's document production, between Defendants required the delivery ofthe maintenance responsibility checklist for the complex be provided. Please provide. 15, 16, 17, 18, 31. Thank you for indicating you will provide at a later date; however, all depositions of all parties must now be rescheduled to later dates based uponthis failure to provide. 19, 20, 23, 24. If you are claiming the Executive Session Meeting Minutes are protected by attorney client privilege and attorney work product privilege, please provide a privilege log, including the name and contact information ofthe attorney in attendance at LA/538097-1 37944-001 Jean Moriarty September 27, 2016 Page 3 each meeting, and the date of every such meeting. If there was not an attorney at every such meeting, please produce the minutes therefrom. Additionally, Defendants have identified additional meetings in their responses to Special Interrogatories No. 18 & 19 and these minutes were not included in the production. Please produce. 21, 22. These responses state that no documents exist which are related to your general denial of every allegation in Plaintiff's complaint or to any of your affirmative defenses. Is this accurate? 26, 27. The documents and communications requested are those between Farmers and Defendants, not those between attorney, farmers and defendant. Attorney-client and attorney work product privileges do not apply. If there are documents which you still claim are privileged, please provide privilege log for all such documents, or provide all of the requested documents. 29, 30. Nothing was produced which was responsiveto this request. Please provide. Special Interrogatories. 7, 8. The reports and repair invoices provided are incomplete. There were additional parties who came to the property whose reports and repair invoices were not provided. 11, 36. Please provide explanation of your answer. It is not clear and is unresponsive. 13. This Interrogatory is asking for your personal description of these responsibilities, and is not asking for where they can be located. 15. This informationis solely within your possession and is relevant. Please respond. 16, 17. Thisis not asking for information from a collateral source. Thisis asking Defendantto identify a date on which Defendant did something. 31, 32, 33. These are asking separate things yet refer to a bulk answer located in response No. 30. It is unclear what of the information within No. 30 is responsive to each request made in Nos. 31, 32, & 33 as someare asking for estimates, some reports and some are asking for those who provided more services than just estimates and reports. LA/538097-1 37944-001 Jean Moriarty September 27, 2016 Page 4 Requests for Admissions. 1,3,4,7,8,9,10, 14, 15, 16. These are entirely unresponsive to the request for admission. The response does not admit, deny, or specify that the answeris a qualified admission for what was asked. 11. This does not call for speculation. This is asking you when an event happened in which the Defendant was involved. If your records do not show this information, please indicate that you do not have the requisite information to either admit or deny. 35. There is no request No. 35. It is obviousthat little time was spent in considering the requests and that the answers were mostly cut and pasted from Optimum's answers, even though the requests are different between the two defendants. Please also supplement your response to Form Interrogatories 17.1 as related. OPTIMUM RESPONSES: Requests for Production of Documents. 1,2,3,4, 13. Propounding Party believes that there are additional documents and communications relating to water intrusion and mold issues within the condominium. There were only a couple of emails which were part of the production, and these were only those sent by people submitting bids for work. There are no documents or communications between the Defendants. There are no documents or communications between the Defendants and Farmers Insurance. There are no documents that would be part of an owner's file or minutes of meetings. There are no documents which evidence any ofthe multiple calls Plaintiffmade to Defendants, which would normally be recorded by a business. Documents and communications include electronically stored documents and communications. These requests are seeking all of those documents and communications which are not privileged. If Responding Party is claiming that all emails and documents and communications are privileged under the attorney work product doctrine, please provide a privilege log. 5,6, 11, 12. Propounding Party has not received any report from A2Z Plumbing, Khatri International, or All Pro, which Defendants also sent to his home. Please provide. LA/538097-1 37944-001 Jean Moriarty September 27, 2016 Page 5 7, 8,17, 18, 19. The response states that these documents have neverexisted: however, Defendant's Board ofDirector's meetings’ minutes refer to multiple reports and complaints made by other owners, and invoices related to both water intrusion and mold. Please provide all, including those referred to in the minutes. 14, 15. The contract, which was provided in Defendant's document production, between Defendants required the delivery of the maintenance responsibility checklist for the complex be provided. Please provide. 20. There are no communications provided between Villa Warner and Optimum regarding the Property. Did the parties never email each other? Ifthere are communications, please provide. 21, 28. Thank you for indicating you will provide at a later date; however, all depositions of all parties must now berescheduled to later dates based upon this failure to provide. 22, 23. These responsesstate that no documents exist which are related to your general denial of every allegation in Plaintiff's complaint or to any of your affirmative defenses. Is this accurate? 25,26. The documents and communications requested are those between Farmers and Defendants, not those between attorney, farmers and defendant. Attorney-client and attorney work product privileges do not apply. If there are documents which you still claim are privileged, please provide privilege log for all such documents, or provide all of the requested documents. 29. Nothing was produced which was responsive to this request. Special Interrogatories. 7, 8. The reports and repair invoices provided are incomplete. There were additional parties who came to the property whose reports and repair invoices were not provided. 9, 10. These questions are relevant to not only show thatthere is a history of water intrusion issues within the complex, therefore showing a potential for Defendant being on notice of the need for inspection or repair, and to show that this complaint may not be an isolated event. Please provide a response. 11, 34. Please provide explanation of your answer. It is not clear and is unresponsive. LA/538097-1 37944-001 Jean Moriarty September 27, 2016 Page 6 12. This Interrogatory is asking for your personal description ofthese responsibilities, and is not asking for where they can be located. 15. This information is solely within your possession and is relevant. Please respond, 16, 17. This is asking for the dates on which Villa Warner was notified, not when you first notified them. Please supply additional dates, unless this was the only time they were notified. 18, 19. This is not asking for information from a collateral source. This is asking Defendant to identify a date on which Defendant did something. 29, 30, 31, 45. These refer to answerto Interrogatory 30 as their answer—No, 30 is not answered. Please indicate to which answer should these refer, and them please ensure that each answeris responsive completely to that individual question. Requests for Admissions. 1, 3,4,7,8,9, 10, 14, 15, 16. These are unresponsive to the request for admission. The response does not admit, deny, or specify that the answeris a qualified admission for what was asked. 35. This doesnot call for speculation. This is asking you when an event happened in which the Defendant was involved. If your records do not show this information, please indicate that you do not have the requisite information to either admit or deny. Please also supplement your response to Form Interrogatories 17.1 as related. Ifwe do not receive the full, complete and verified supplemental responsesto all of the discovery requests propounded no later than September 30, 2016, our office will be required to seek the assistance of the court in obtaining these responses. We have no choice but to demand an expedient turn around based upon the trial schedule. We are already forced to reschedule the pending depositions and will not have time for additional delays. LA/538097-1 37944-001 Jean Moriarty September 27, 2016 Page 7 Very truly yours, TREDWAY, LUMSDAINE & DOYLE Lup (4 M. Crownover CMC:kar cc: Client LA/538097-1 37944-001 EXHIBIT G "ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Roy J. Jimenez (SBN: 192089); Cara M. Crownover (SBN: 301353) TREDWAY, LUMSDAINE & DOYLE, LLP 3900 Kilroy Airport Way, Ste. 240 Long Beach, CA 90806 TELEPHONE NO: 562-923-0971 FAX NO (Optional: 866-831-7302 E-MAIL ADDRESS (Optional: Rjimenez@tldlaw.com; Ccrownover@tldiaw.com ATTORNEY FOR (Name): JAMES HEARD SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE street appress: 700 Civic Center Drive West MAILING ADDRESS: cITy anp zie cope: Santa Ana, CA 92701 srancH Name: Central Justice Center PLAINTIFF/PETITIONER: JAMES HEARD DEFENDANT/RESPONDENT: VILLA WARNER CONDOMINIUM ASSOCIATION,et al, AM_A1N or ELECTRONICALLY FILED Superior Court of California, County of Orange 07M 4/2016 at 03:30:00 Phd Clerk of the Superior Court By e Clerk Deputy Clerk CASE MANAGEMENT STATEMENT (Check one): [XI UNLIMITED CASE [J LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) CASE NUMBER:30-2016-00830353-CU-BC-CJC A CASE MANAGEMENT CONFERENCEis scheduled as follows: Date: 7/29/2016 Time: 8:30 A.M. Dept.: C18 Address of court (if different from the address above): BJ Notice of Intent to Appear by Telephone, by (name): Cara M. Crownover Div.: Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties {answer one): a. XX This statement is submitted by party (name): Plaintiff, JAMES HEARD b. [J This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): 1/15/2016 b. [J] The cross-complaint,if any, was filed on (date): 3. Service (fo be answered by plaintiffs and cross-complainants only) a. [X] All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. [OJ The following parties named in the complaint or cross-complaint (h [OJ have not been served (specify names and explain why not): (20 [J have been served but have not appeared and have not been dismissed (specify names): (3) [0 have had a default entered against them (specify names): c. [J] The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Typeofcasein XI complaint [J cross-complaint (Describe, including causes of action): Page 1 of 5 REhse CASE MANAGEMENT STATEMENT CaHHUINOICpurl CM-110 [Rev July 1, 2011) fules 3 720-3 730 WWW.COUNTS. C8.QOV American LegalNet, Inc. wwwFomsWorkFlow.com CM-110 AINTIEEPETITIONER: JAMES ) CASE NUMBER: ToB PLAINTIFF/PETITIONER: JAMES HEARD 30-2016-00830353-CU-BC-CJC “DEFENDANT/RESPONDENT: VILLA WARNER CONDO. ASSOC, et al, 4. b. Provide a brief statementof the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost eamingsto date, and estimated future lost eamings. If equitable relief is sought, describe the nature of the relief.) Complaint is based upon Breach of Contract; Breach of Contract-Third Party Beneficiary; Negligence and Negligent Infliction of Emotional Distress; Negligence; Bad Faith; Declaratory Relief. [1 (#f more space is needed, check this box andattach a page designated as Attachment 4b.) 5. Jury or nonjurytrial The party or parties request [| a jury trial [1 a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. [J The trial has been set for (dale); b. [XI No trial date has been set. This case will be ready for trial within 12 months of the date ofthe filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available fortrial (specify dates and explain reasons for unavailability): 2016: 7/25-29 (Trial), 8/1-8/5 (Trial), 9/31-10/18 (Prepaid & Non-refundable vacation), 10/18-10/23 (Firm Retreat), 11/14 (Trial); 2017: 2/16 (Trial), 3/9 (Trial), 5/16 (Trial). 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. [XI days (specify number): 5-7 b. [J hours (short causes) (specify): 8. Trial representation (fo be answered for each party) i The party or parties will be represented attrial D4 by the attorney or party listed in the caption OJ by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: [T] Additional representation is described in Attachment 8. 9. Preference [0 This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the «court and community programs in this case. (1) For parties represented by counsel: Counsel OO has XI has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party [J] has [] has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) [J This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. @ [1 Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) [C1 This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civit action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): OM-110 (Rov. Jy 1. 2011] CASE MANAGEMENT STATEMENT Page 2§ American LegalNel, Inc. wor, FormuiYerkElow com PLAINTIFF/PETITIONER: JAMES HEARD IDEFENDANT/RESPONDENT: VILLA WARNER CONDO. ASSOC, et al. [CASE NUMBER: ~CM-110 30-2016-00830353-CU-BC-CJC 10. ¢. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check all that apply): If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties’ ADR stipulation): (1) Mediation O d O 0 O X Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date). Agreed to complete settlement conference by (date) . Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (8) Other (specify): ooo |ogod a d b o ( g d o f 0 0 0 g 0 0 d ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev July 1, 2011] CASE MANAGEMENT STATEMENT Page J of § ~CM-110 PLAINTIFF/PETITIONER: JAMES HEARD| DEFENDANT/RESPONDENT: VILLA WARNER CONDO. ASSOC, etal. “| caseNUMBER: 30-2016-00830353-CU-BC-CJC 11. Insurance a. [] Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: [] Yes J] No c. [J Coverage issues will significantly affect resolution ofthis case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. [J Bankruptcy [] Other (specify): Status: 13. Related cases, consolidation, and coordination a. [] There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [1 Additional cases are described in Attachment 13a. b. [1 Amotionto [J] consolidate [] coordinate will be filed by (name party): 14. Bifurcation 0 The pany or parties intend to file a motion for an orderbifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions [J The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. [J The party or parties have completed all discovery. b X The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Written Discovery Per Code Plaintiff Deposition of Defendants Per Code Plaintiff Deposition of PMK of Defendants Per Code Plaintiff Deposition of Witnesses Per Code Plaintiff Subpoenas Per Code c. [J The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): EARSAol CASE MANAGEMENT STATEMENT Page 4 of § Amerienn LegaINet, lnc, www FarmesWorkFlow com CM-110 oa a "|case numeer: -PLAINTIFF/PETITIONER: JAMES HEARD 30.2016.00830353-CU-BC-CJC DEFENDANT/RESPONDENT: VILLA WARNER CONDO. ASSOC, et al. 17. Economic litigation a. [] This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. [J This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery ortrial should not apply to this case): 18. Other issues [1 The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. [XJ The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): 1 | am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: July 14, 2016 Cara M. Crownover Cao(hoamoen, (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) » (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [J Additional signatures are attached. GMA110 Rel, uf 1, 2011) CASE MANAGEMENT STATEMENT Pegs of 5 L o n g B e a c h , Ca li fo rn ia 9 0 8 0 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E L L P 3 8 0 0 Ki lr oy Ai rp or t Wa y, Su it e 2 4 0 o e 9 0 3 A n t A W N B N N N N N N N N N e e e m e d p m je t p d je m pe d f m je m W P N N N U N R A W N E S C E 0 N N N O R W O N E e ATTACHMENT TO CASE MANAGEMENT STATEMENT L DEPOSITIONS All parties to be deposed, save expert witnesses, will be scheduled for September and October 2016, with the intention that all parties can complete the desired depositions in this time frame. Parties will notice depositions accordingly. Parties to be deposed: © Plaintiff, James Heard ° Defendant Villa Warner, person most knowledgeable ° Defendant Optimum, person most knowledgeable ° Defendant Tri-Star, person most knowledgeable II. WRITTEN DISCOVERY A. Plaintiff James Heard: Discovery requests were propounded on July 14, 2016 to Villa Warner, Optimum and Tri-Star.- B. Defendants Villa Warner/Optimum: Discovery requests were propounded to Plaintiff and responded to at the beginning of June. Plaintiff is in the process of supplementing responses as he has seen additional doctors since answering. No meet and confer as to the responses has been conducted. Subpoenas for Plaintiff's medical records were issued on June 1, 2016 with objections filed by Plaintiff as to the scope of the request. Parties have met and conferred and agreed upon the records to be produced and these should be produced by the end of July 2016. C. Defendant Tri-Star: Discovery requests will be propounded by July 29, 2016. LA/514222-137944-001 1 ma ATTACHMENT TO CASE MANAGEMENT STATEMENT Lo ng Be ac h, Ca li fo rn ia 9 0 8 0 6 (5 62 ) 92 3- 09 71 T R E D W A Y , L U M S D A I N E & D O Y L E L L P 3 8 0 0 Ki lr oy Ai rp or t Wa y, Su it e 2 4 0 e o G 0 J S N W n A W O N e e N O N N N N N N N O N e e p m e m p m p m e m p m e e e d e d W B J S A N E W N = O C 0 N S N R A W N e m PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES At the time ofservice, | was over 18 years of age and not a party to this action. I am employed in the County of Los Angeles, State of California. My business address is 3900 Kilroy Airport Way, Suite 240, Long Beach, CA 90806. On July 14, 2016, I served true copies of the following document(s) described as Si MANAGEMENT CONFERENCE on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. | am readily familiar with Tredway, L.umsdaine & Doyle LLP's practice for collecting and processin correspondence for mailing. On the same day that the correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. BY ELECTRONIC FILING AND SERVICE: I caused the document(s) to be electronically served on the interested parties identified in the service list by submitting an electronic version of the document(s) to One Legal, LLC, through the user interface at www.onelegal.com. I declare under penalty ofperjury under the laws of the State of California that the foregoing is true and correct. Executed on July 14, 2016, at Long Beach, California, Kimberly Reyes] 0 LA/514499-1 37944-001 PROOF OF SERVICE o o W w N a N t a W N (5 66 2) 9 2 3 - 0 9 7 1 p d f m e d pe d f d fe d e n w n = a W w ~ N y i & T R E D W A Y , L U M S D A I N E & D O Y L E L L P 3 9 0 0 Ki lr oy Ai rp or t W a y , Su it e 2 4 0 L o n g B e a c h , Ca li fo rn ia 39 08 06 N D N N N N N N N N e m m m R I A A N h A W N = O S W Y 0 SERVICE LIST Heard v. Villa Warner, etc. 30-2016-00830353-CU-BC-CJC JEAN M. MORIARTY Attorney for Defendants Villa Warner Law Offices of Andrew W. Macrae Condominium Association and Optimum P.O. Box 258829 Professional Property Management, Inc. Oklahoma City, OK 73125-829 T: (714) 541-4454 jean.moriarty@/farmersinsurance.com MARC J. ZIMET Attorney for Defendant Tri-Star JOSE R. GONZALEZ Construction and Restoration Services, Inc. Jampol Zimet LLP 800 Wilshire Boulevard, Ste. 1400 Los Angeles, CA 90017 T: (213) 689-8500 F: (213) 689-8501 mzimet(@)jzlaw.com jgonzalez@jzlaw.com LA/514499-1 37944-001 PROOF OF SERVICE e o 0 J O N W n A W O N (6 62 ) 9 2 3 - 0 9 7 1 pe d p r p d p d | | Ju d A U n A h W N = o T R E D W A Y , L U M S D A I N E & D O Y L E L L P 3 9 0 0 Ki lr oy Ai rp or t W a y , Su it e 2 4 0 L o n g B e a c h , Ca li fo rn ia 9 0 8 0 6 N N N N N N N N N O N E E e m e m 0 J A N W N A W N E S & PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES At the time of service, I was over 18 years ofage and not a partyto this action. I am employed in the County ofLos Angeles, State of California. My business address is 3900 Kilroy Airport Way, Suite 240, Long Beach, CA 90806. On November 4, 2016, I served true copies of the following document(s) described as NOTICE OF MOTION AND MOTION TO COMPEL COMPLIANCE, OR IN THE ALTERNATIVE, FURTHER RESPONSES TO REQUEST FOR SPECIAL INTERROGATORIES, SET ONE, PROPOUNDED BY PLAINTIFF JAMES HEARD TO DEFENDANT VILLA WARNER CONDOMINIUM ASSOCIATION AND REQUEST FOR SANCTIONS AGAINST DEFENDANTS AND THEIR COUNSEL IN THE AMOUNT OF $3,355.00; MEMORANDUM OF POINTS AND AUTHORITIES; AND DECLARATION OF CARA M. CROWNOVER IN SUPPORT THEREOF on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY ELECTRONIC FILING AND SERVICE: I caused the document(s) to be electronically served on the interested parties identified in the service list by submitting an electronic version of the document(s) to One Legal, LLC, through the userinterface at www.onelegal.com. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 4, 2016, at Long Beach, California. Kimberly ll LA/544850-1 37944-001 MOTION OF PLAINTIFF TO COMPEL COMPLIANCE, OR IN THE ALTERNATIVE, FURTHER RESPONSES AND DOCUMENTS TO SPECIAL INTERROGATORIES, SET ONE T R E D W A Y , L U M S D A I N E & D O Y L E L L P L o n g Be ac h, Ca li fo rn ia 9 0 8 0 6 (5 62 ) 92 3- 09 71 3 9 0 0 Ki lr oy Ai rp or t W a y , Su it e 2 4 0 e o 0 1 N N U t R h W N = N O N N N N N N N N e m e m e m e m e e m m e d e m p m e d 0 N N U n A E W N = O O Y 0 N S N ER A W N m e SERVICE LIST Heard v. Villa Warner, etc. 30-2016-00830353-CU-BC-CJC JEAN M. MORIARTY Law Offices ofAndrew W. Macrae P.O. Box 258829 Oklahoma City, OK 73125-829 T: (714) 541-4454 F: (714) 558-0967 JEAN M. MORIARTY Law Offices ofAndrew W. Macrae 2677 North Main Street, Ste. 200 Santa Ana, CA 92705 T: (714) 541-4454 F: (714) 558-0967 MARC J. ZIMET JOSE R. GONZALEZ Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP 800 Wilshire Boulevard, Ste. 1400 Los Angeles, CA 90017 T: (213) 689-8500 F:(213) 689-8501 LA/544850-1 37944-001 Attorney for Defendants Villa Warner Condominium Association and Optimum Professional Property Management, Inc. Alternative Address — Attorney for Defendants Villa Warner Condominium Association and Optimum Professional Property Management, Inc. Attorney for Defendant Tri-Star Construction and Restoration Services, Inc. MOTION OF PLAINTIFF TO COMPEL COMPLIANCE, OR IN THE ALTERNATIVE, FURTHER RESPONSES AND DOCUMENTS TO SPECIAL INTERROGATORIES, SET ONE