City of Costa Mesa vs. New Harbor InnMotion to Compel Answers to InterrogatoriesCal. Super. - 4th Dist.April 22, 2016© ~~ A WL RA W N Oo 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JONES & MAYER Dean J. Pucci, SBN 221807 dip@jones-mayer.com Bruce A. Lindsay, SBN 102794 bal@jones-mayer.com Jamaar Boyd-Weatherby, SBN 230838 jbw@jones-mayer.com 3777 North Harbor Boulevard Fullerton, CA 92835 Telephone: (714) 446-1400 Facsimile: (714) 446-1448 EXEMPT FROM FILING FEES PURSUANT TO GOVERNMENT CODE SECTION 6103 ELECTRONICALLY FILED Superior Court of California, County of Orange 1215/2016 at 11:12:00 A Clerk of the Superior Court By Diana Cuevas, Deputy Clerk Attorneys for Plaintiffs, City of Costa Mesa and the People of the State of California SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF COSTA MESA, a California Municipal Corporation, and THE PEOPLE OF THE STATE OF CALIFORNIA by the City Attorney for the City of Costa Mesa, Plaintiff, Vs. NEW HARBOR INN, an unincorporated entity, MING CHENG CHEN, an individual, HSIANGE CHU SHIH CHEN, an individual, and DOES 1-25, Defendants. Case No. 30-2016-00848149-CU-OR-CJC Assigned to the Hon. Walter P. Schwarm Dept. C19 CITY OF COSTA MESA’S MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES, SET ONE, TO DEFENDANTS MING CHENG CHEN, HSIANGE CHU SHIH CHEN and NEW HARBOR INN; REQUEST FOR SANCTIONS Date: February 21, 2017 Time: 1:30 p.m. Dept: C19 Reservation No, 72499883 Trial Date: June 16, 2017 MSC Date: May 19, 2017 TO THE COURT, DEFENDANTS AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on February 21 2017, at 1:30 p.m., in Department C19 of the above-entitled Court, located at 400 Civic Center Drive, Santa Ana, California, the Plaintiff CITY OF COSTA MESA will move the Court for an Order compelling the Defendants Ming Cheng Chen, Hsiange Chu Shih Chen and the New Harbor Inn to serve responses to the form MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES PROPOUNDED TO DEFENDANTS OO ee 1 A 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 interrogatories, set no. one, served upon each of the said Defendants by the Plaintiff City on October 24,2016 and for an Order that the Defendants pay to the City sanctions in the form of the attorneys’ fees incurred to make and appear at the hearing of the said motion. The motion is made on the grounds that the said Defendants have failed to serve any responses at all to the interrogatories, despite the written request of counsel for the City to the attorney of record for the said Defendants that responses were overdue and needed to be served. The interrogatories seek relevant, discoverable information and, in failing to serve timely responses, the Defendants have waived any objections to the interrogatories. This motion is made on the grounds that the Plaintiff is entitled to make this motion pursuant to the provisions of Code of Civil Procedure section 2030.290 and is entitled to sanctions pursuant to said code section, as the Defendants have completely failed to respond to the interrogatories propounded to them and the Defendants did not request an extension of time to respond to said interrogatories from the Plaintiff City at any time. This motion is made on the basis of this Notice, the Memorandum of Points and Authorities and the Declaration of Bruce A. Lindsay attached hereto, the records, pleadings and papers on file in this action and upon such argument as may be presented at the hearing thereof. ay pra ; DATED: December 15, 2016 ONES & MAYER | By: ( Bride A. Lindsay, Esq. Attorneys for ITY OF COSTA MESA and the PEOPLE OF THE STATE OF CALIFORNIA 55402.00017\24333202.2 MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES PROPOUNDED TO DEFENDANTS N S N n y BA W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES L INTRODUCTION This lawsuit was brought to abate a continuing public nuisance occurring at the New Harbor Inn, a motel operated by the Defendants in the City of Costa Mesa, California, where drug related activity and prostitution regularly occur. Defendants have asserted in their defense that they have rectified any problems with the operation of their motel by retaining the services of a security company, establishing and posting policies advising guests of various rules and other asserted remedies. Additionally, the Defendants have claimed under oath that the motel is their sole residence and that closing the motel to abate the ongoing criminal activity occurring at the motel would work an economic hardship upon them. As part of its discovery in the case, the Plaintiff CITY OF COSTA MESA (the “City™) propounded written discovery to each Defendant — MING CHENG CHEN, HSIANGE CHU SHIH CHEN and NEW HARBOR INN — including a set of form interrogatories — to each Defendant, served on each by the City by mail on October 24, 2016. Copies of the said form interrogatories are attached hereto as Exhibits A, B and C. The responses of the Defendants to the form interrogatories, set no. one, were due on or before November 28, 2016. However, none of the Defendants served a response to the form interrogatories and they did not seek an extension of the time in which to respond from the Plaintiff. Accordingly, Plaintiffs’ counsel wrote to counsel for the Defendants, Frank A. Weiser, on December 6, 2016 requesting that responses to the form interrogatories (and to the other pending discovery) be served by the Defendants to avoid the need to make this motion. A true and correct copy of the letter to Defense counsel is attached hereto as Exhibit D. The Defendants still have not served responses to the form interrogatories, set no. one, served on each of them, making the instant motion necessary. [117 /11 1 111 1 MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES PROPOUNDED TO DEFENDANTS wn wo O e NN DD 10 11 12 15 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IL A PARTY MAY PROPOUND WRITTEN INTERROGATORIES UPON ANOTHER PARTY TO THE ACTION Code of Civil Procedure section 2030.010 authorizes any party to propound upon any other party to the action written interrogatories. Section 2030.030 permits a party to propound any number of form interrogatories upon a party as are relevant to the subject matter of the pending action. In conformity with the provisions of Code of Civil Procedure sections 2030.010 and 2030.030, counsel for Plaintiff City served by mail on October 24, 2016 a set of form interrogatories on each Defendant. III. IFAPARTY TO WHOM INTERROGATORIES ARE DIRECTED FAILS TO SERVE A TIMELY RESPONSE, THE PROPOUNDING PARTY MAY MOVE FOR AN ORDER COMPELLING RESPONSE TO THE INTERROGATORIES. Code of Civil Procedure section 2030.290 provides that a party may move the Court for an Order compelling the party to whom interrogatories have been directed to respond to the interrogatories, where, as here, the Defendants have failed to serve a timely response. Importantly, the section provides that all objections to the interrogatories are waived by failure to serve timely responses. Thus, Plaintiff City is entitled to an Order of this Court compelling the Defendants, and each of them, to respond to the form interrogatories propounded to them without objections. IV. THE COURT SHALL IMPOSE A MONETARY SANCTION AGAINST A PARTY WHO UNSUCCESSFULLY OPPOSES A MOTION TO COMPEL A RESPONSE TO INTERROGATORIES. In addition to setting forth the right of a party to move the Court for an order compelling a response to interrogatories, Code of Civil Procedure section 2030.290 provides that the Court shall impose a monetary sanction against the Defendants if they unsuccessfully oppose a motion for Order compelling them to respond to the City’s interrogatories. As stated in the Declaration of Bruce A. Lindsay attached hereto, the City has incurred attorneys’ fees in the making of this 2 MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES PROPOUNDED TO DEFENDANTS wv Re W N Oo 0 ~~ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 motion in the sum of $265.50 and anticipates expending an additional $177.00 for counsel to attend the hearing thereon. The City, therefore, requests the Court enter its Order compelling the Defendants to serve responses to the form interrogatories, set no. one, served upon each of them by the Plaintiff City and that Defendants be ordered to pay to the City the sum of $442.50 as and for monetary sanctions to the City for having to make the instant motien. S& he ye Dated: December 15, 2016 JO J Bruce A. Lindsay, Esq. Attorneys for CITY OF LOSTA MESA and the PEOPLE OF THE STATE OF CALIFORNIA 3 MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES PROPOUNDED TO DEFENDANTS BA W N v o w 2 a N Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF BRUCE A. LINDSAY I, BRUCE A. LINDSAY, state and declare: [ am associated with the firm of Jones & Mayer, attorneys of record for the Plaintiffs CITY OF COSTA MESA (the “City”) and the PEOPLE OF THE STATE OF CALIFORNIA herein. If called upon to testify as a witness, I could and would testify to the following as being of my own knowledge and belief. 1. On October 24, 2016, our office served the first set of form interrogatories of the City upon each of the Defendants MING CHENG CHEN, HSIANGE CHU SHIH CHEN and NEW HARBOR INN by mail. A true copy of each of the sets of form interrogatories is attached hereto as Exhibits A, B and C. 2. When no responses to the interrogatories (or to the other written discovery that had been propounded concurrently therewith) were received in a timely manner, and as no request for a written agreement extending the time to respond to the discovery had been granted to the Defendants, your declarant wrote to counsel for the Defendants, Frank A. Weiser, on December 6, 2016, advising that responses were overdue and requesting that the Defendants serve answers to the interrogatories. A true copy of the said letter is attached hereto as Exhibit D. 3. Still no responses to the form interrogatories were received by the City from any of the Defendants and it has become necessary to move the Court for an Order compelling the Defendants to respond to the City’s form interrogatories propounded to each of them, without objection. 117 111 11 I 4 MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES PROPOUNDED TO DEFENDANTS IN o e = S N Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4, Your declarant has expended one and one-half hours preparing this motion and anticipates spending an additional hour appearing at the hearing thereof. The billing rate for the City by our office is $177.00 per hour. It is therefore requested that the Court enter an Order that the Defendants pay to the City the sum of $442.50 ($265.50 for preparation of the motion and $177.00 for attendance at the hearing) as and for monetary sanctions as directed by Code of Civil Procedure section 2030.290. I declare under the penalty of perjury u co laws of the Biage: of, California, that the foregoing is true and correct, as executed this [ [5 § of Tiges be, 2016 pln California. rd J ™ T on e [ & _ wy | BRUCE A. LINDSAY 5 MOTION TO COMPEL ANSWERS TO FORM INTERROGATORIES PROPOUNDED TO DEFENDANTS EXHIBIT A ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address)! Jones & Mayer 3777 N, Harbor Blvd Fullerton, CA 92835 TELEPHONENO.: 714-446-1400 FAX NO, (Optional): 714-446-1448 Dean J. Pucci, Esq, SBN 221807, Bruce A, Lindsay, Esq. SBN 102794 E-MAIL ADDRESS (Optional: Gjp@jones-mayer,com; bal@jones-mayer.com ATTORNEY FOR (Name): City of Costa. Mesa; and the People of the State of California DiSC-001 700 Civic Center Drive West Santa Ana, CA 92701 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE SHORT TITLE OF CASE: City of Costa Mesa, et al. v. New Harbot Inn, et al, Asking Party: City of Costa Mesa Answering Party: Ming Cheng Chen SetNo: ONE FORM INTERROGATORIES--GENERAL CASE NUMBER: 30-2016-00848149-CU-OR-CJC Sec. 1. Instructions to All Parties (a) Interrogatories are written questions preperad by a party to an actlon that are sent to any other party in the action to be answered under oath. The interrogatories below are form interrogatories approved for use in civil cases. (b) For time fimitations, requirements for service on other parties, and other details, see Code of Civil Procedure sections 2030.010-2030.410 and the cases construing those sections. (c) These form interrogatories do not change existing law relating to interrogatories nor do they affect an answering party's right to assert any privilege or make any objection. Sec. 2. Instructions to the Asking Party (a) These interrogatories are designed for optional use by parties In unlimited clvil cases where the amount demanded exceeds $25,000. Separate interrogatories, Form Interrogateries—Limifed Civil Cases (Economic Litigation) (form DISC-004), which have no subparts, are designed for use in limited civil cases where the amount demanded is $25,000 or less; however, those interrogatories may alse be used in unlimited civil cases. {b) Check the box next to each interrogatory that you want the answering party to answer, Use care in choosing those interrogatories that are applicable to the case. {¢) You may insert your own definition of INCIDENT in Section 4, but only where the action arises from a course of conduct or a series of events occurring over a period of time, (d) The interrogatories in section 16.0, Defendant's Contentions—Personal Injury, should not be used until the defendant has had a reasonable opportunity to conduct an Ihvestigation or discovery of plaintiff's injuries and damages. (e} Additional interrogatories may be attached. Sec, 3. Instructions to the Answering Party (a) An answer or other appropriate response must be given to each Inferrogatory checked by the asking party. (b) As a general rule, within 30 days after you are served with these interrogatories, you must serve your responses on the asking party and serve copies of yout responses on all other parties to the action who have appeared. See Code of Civil Procedure sections 2030.260-2030.270 for details. Form Approved for Optional Use Judicial Counell of Calllomia PISC-001 Rev. January 1, 2008} (¢) Each answer must be as complete and straightforward as the information reasonably avaliable to you, including the information possessed by your attorneys or agents, permits. If an interrogatory cannot be answered completely, answer jt to the extent possible. (d) Ifyou do not have enough personal knowledge to fully answer an interragatory, say so, but make a reasonable and good falth effort to get the information by asking other persons or organizations, unless the Information is equally available to the asking party. (6) Whenever an interrogatory may be answered by referring to a document, the document may be attached as an axhiblt to the response and referred to in the response. ifthe document has mare than one page, refer to the page and section where the answer to the interregatory can be found, {fy Whenever an address and telephone number for the same person are requested In mors than one interrogatory, you are required to furnish them in answering only the first interragatory asking for that information. (9) Ifyou are asserting a privilege or making an objection to an Interrogatory, you must specifically assert the privilege or stafe the objection in your written response, (h) Your answers to these interrogatories must ba verified, dated, and signed. You may wish to use the following form at the end of your answers: { declare under penalty of perjury under the laws of the State of California that the foregoing answers are true and correct, FORM INTERROGATORIES—GENERAL (DATE) (SIGNATURE) Sec. 4. Definitions Words in BOLDFACE CAPITALS in these interrogatories are defined as follows: (a) (Chack one of the following): 1 (1) INCIDENT includes the circumstances and events surrounding the alleged accident, injury, or other occurrence or breach of contract glving rise to this action or proceeding. Paga1of 8 Cate of Civil Procedure, §6 2080.010-2030,410, 2033,710 www, courtinfo.ca.gav (2) INCIDENT means (insert your definition here or on a separate, attached sheet labeled “Sec. 4(a)(2)):. ) } . The filing and service of this lawsuit by Plaintiffs, (b) YOU OR ANYONE ACTING ON YOUR BEHALF includes you, your agents, your employees, your insurance companies, thelr agents, thelr employees, your attorneys, your accountants, your investigators, and anyone else acting on your behalf. (c) PERSON includes a natural person, firm, association, organization, partnership, business, trust, limited liability company, corporation, or public entity. (d) DOCUMENT means a writing, as defined In Evidences Code section 250, and Includes the original or a copy of handwriting, typewriting, printing, photostats, photographs, electronically stored information, and every other means of recording upon any tangible thing and form of comminicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them, (e) HEALTH CARE PROVIDER includes any PERSON referred to in Code of Civil Procedure section B67.7(€)(3). {fi ADDRESS means the street address, including the city, state, and zip code, Sec, 5. interrogatories The following Interrogatories have been approved by the Judiclal Council under Code of Civil Procedure section 2038.710: CONTENTS 1,0 Identity of Persons Answering These Interrogatories 2.0 General Background Information—|ndividual 3.0 General Background Information—Business Entity 4.0 Insurance 5,0 [Reserved] 6.0 Physical, Mental, or Emational Injuries 7.0 Property Damage 8,0 Loss of Income or Earning Capacity 9.0 Other Damages 10.0 Medical History 11,0 Other Claims and Previous Claims 12.0 Investigation—General 13,0 Investigation—Surveillance 14.0 Statutory or Regulatory Violations 15.0 Denials and Special or Affirmative Defenses 16.0 Defendant's Contentions Personal Injury 17.0 Responses to Request for Admissions 18.0 [Reserved] 19.0 [Reserved] 20.0 How the Incident Qccurred—Motor Vehicle 25.0 [Reserved] 30.0 [Reserved] 40.0 [Reserved] 50.0 Contract 60.0 [Reserved] 70.0 Unlawful Detalner [See separate form DISC-003] 101.0 Economic Litigation [See separate form DISC-004] 200.0 Employment Law [See separate form DISC-002] Family Law [See separate form FL-145] DISC-001 1.0 Identity of Persons Answering These Interrogatories 1.1 State the name, ADDRESS, telephone number, and relationship to you of each PERSON who prepared or assisted in the preparation of the responses to these interrogatories. (Do not identify anyone who simply typed or reproduced the responses.) 2.0 General Background Information—individual 2.1 State: (a) your name; (b) every name you have used In the past; and (c) the dates you used each name. 2.2 State the date and place of your birth, [7] 2.3 At the time of the INCIDENT, did you have a driver's license? If so state: (a) the state or other issuing entity; (b) the license number and type, {c) the date of issuance; and {d) all restrictions, [[] 2.4 Atthe time of the INCIDENT, did you have any other permit or license for the operation of a motor vehicle? If so, state: (a) the state or other issuing entity; (0) the license number and type; (¢) the date of issuance; and (d) all restrictions. 2.5 State: (a) your present residence ADDRESS; {b) your residence ADDRESSES for the past five years; and (¢) the dates you lived at each ADDRESS, 2.6 State: (a) the name, ADDRESS, and telephone number of your present employer or place of self-employment; and {b) the name, ADDRESS, dates of employment, job title, and nature of work for each employer or self-employment you have had from five years before the INCIDENT until today. 2.7 State: (a) the name and ADDRESS of each school or other academic or vocational institution you have attended, beginning with high schoof; {b) the dates you attended; (c) the highest grade level you have completed; and (d) the degrees recsivad. 2.8 Have you ever been convicted of a felony? If so, for each conviction state: (a) the city and state where you wers convicted; (b) the date of conviction; (c) the offense; and (d) the court and case number. 2.9 Can you speak Engiish with ease? If not, what language and dialect do you normally use? 2,10 Can you read and write English with ease? If not, what language and dialect do you normally use? DISC-001 {Rev, January 1, 2008] FORM INTERROGATORIES—GENERAL Page 2 of 8 a 3.0 [3 2.11 Atthe time of the INCIDENT were you acting as an agent or employee for any PERSON? If 0, state: {a) the name, ADDRESS, and telephone number of that PERSON: and (b) a description of your duties, 2.42 At the time of the INCIDENT did you or any other person have any physical, emotional, or mental disability or condition that may have contributed to the occurrence of the INCIDENT? if so, for each person state: (a) the name, ADDRESS, and telephone number; (b) the nature of ihe disability or condition; and (c) the manner in which the disability or condition contributed to the occurrence of the INCIDENT. 2.13 Within 24 hours before the INGIDENT did you or any person involved in the INCIDENT use or take any of the following substances: alcoholic beverage, marijuana, of other drug or medication of any kind (prescription or not)? If so, for each person state: (a) the name, ADDRESS, and telephone number; {b) the nature or description of each substance; (c) the quantity of each substance used or taken; (d) the date and time of day when each substance was used or taken; (e) the ADDRESS where each substance was used or taken; (fy the name, ADDRESS, and telephone numbsr of each person who was present when each substance was used or taken; and (9) the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER who prescribed or furnished the substance and the condition for which it was prescrioed or furnished. General Background Information—Business Entity 3.1 Are you a corporation? If so, state: (a) the name stated In the current articles of incorporation; (b) all other names used by the corporation during the past 10 years and the dates each was used; {c) the date and place of incorparation; (d) the ADDRESS of the principal place of business; and (e) whether you are qualified to do business in California, 3,2 Are you a partnership? If so, state: (8) the current partnership name; {b) all other names used by the partnership during the past 10 years and the dates each was used, (c) whether you are a limited partnership and, if so, under the laws of what jurisdiction; (d) the name and ADDRESS of each general partner, and (e) the ADDRESS of the principal place of business. 3.3 Are you a limited liability company? If so, state; (a) the name stated in the current articles of organization, (b) all other names used by the company during the past 10 years and the date each was Used; (c) the date and place of fling of the articles of organization; (d) the ADDRESS of the principal place of business; and (e) whether you are qualified to do business In California, [1 DISC-001 3.4 Are you a joint venture? If so, state; (a) the current joint venture hame; (b) alt other names used by the joint venture during the past 10 years and the dates each was used; (c) the name and ADDRESS of each joint venturer, and (d) the ADDRESS of the principal place of business, 3,5 Are you ah unincorporated association? If 80, state: (a) the current unincorporated association name; } (b) all other names used by the unincorporated association during the past 10 years and the dates each was used, and (c) the ADDRESS of the principal place of business. 3.6 Have you done business under a fictitious name during the past 10 years? If so, for each fictitious name state: 4 the name; the dates each was used; (0) the state and county of each fictitious name filing; and (d) the ADDRESS of the principal place of business. 3,7 Within the past five years has any public entity regis- tered or licensed your business? if so, for each license or registration: (a) identify the license or registration; (b) state the name of the public entity; and (0) state the dates of issuance and expiration. 4.0 Insurance J [] 4.4 Atthe fime ofthe INCIDENT, was there in effect any policy of insurance through which you were or might be insured In any manner (for example, primary, pro-rata, or excess liability coverage or medical expense coverage) for the damages, claims, or actions that have arisen out of the INCIDENT? If so, for each policy state: (a) the kind of coverage; {b) the name and ADDRESS of the insurance company; (¢) the name, ADDRESS, and telephone number of each named insured; (d) the policy number; (e) the limits of coverage for each type of coverage con- tained in the pelicy; (fy whether any reservation of rights or controversy or coverage dispute exists between you and the insurance company; and {g) the name, ADDRESS, and telephone number of the custodian of the policy. 4.2 Are you self-insured under any statute for the damages, claims, or actions that have arisen out of the INCIDENT? If 80, specify the statute. 5.0 [Reserved] 6.0 Physical, Mental, or Emotional Injurles UJ [1] 6.1 Do you attribute any physical, mental, or emotional injuries to the INCIDENT? (If your answer is “no,” do not answer interrogatories 6,2 through 6.7). 6.2 Identify each injury you atiribute to the INCIDENT and the area of your bady affected, DISC-001 [Rev, Jankary 1, 2008] FORM INTERROGATORIES—GENERAL Page 3 of 8 [163 Do you still have any complaints that you attribute to the INCIDENT? If so, for each complaint state: (a) a description; (b) whether the complaint is subsiding, remaining the same, or becoming worse; and (c) the frequency and duration. [64 Did you receive any consultation or examination (except from expert witnesses covered by Code of Civil Procedure sections 2034.210-2034.310) or treatment from a HEALTH CARE PROVIDER for any Injury you attribute to the INCIDENT? If so, for each HEALTH CARE PROVIDER state: (a) the name, ADDRESS, and telephone number; (b) the type of consultation, examination, or treatment provided; (0) the dates you received consultation, examination, or treatment; and (d) the charges to date. [] 6.5 Have you taken any medication, prescribed or not, as a result of injuries that you attribute to the INCIDENT? If so, for each medication state: (a) the name; (b) the PERSON who prescribed or furnished it; {c) the date it was prescribed or furnished; (d) the dates you began and stopped taking it; and (e) the costto date, ] 6.6 Are there any other medical services necessitated by the injuries that you attribute to the INCIDENT that were not previously listed (for example, ambulance, nursing, prosthetics)? If so, for each service state: (a) the nature; (b) the date; {¢) the cost; and (d) the name, ADDRESS, and telephone number of each provider. [167 Has any HEALTH CARE PROVIDER advised that you may require future or additional treatment for any injuries that you atiribute to the INCIDENT? If so, for each injury state: (a) the name and ADDRESS of each HEALTH CARE PROVIDER; (b) the complaints for which the treatment was advised; and (c) the nature, duration, and estimated cost of the treatment. 7.0 Property Damage Ld 7.1 Do you attribute any loss of or damage to a vehicle or other property to the INCIDENT? If so, for each item of property: (a) describe the propetty; (b) describe the nature and iocation of the damage to the property; DISC-001 (c) state the amount of damage you are claiming for each tem of property and how the amount was calculated; and (d) Ifthe property was sold, state the name, ADDRESS, and telephone number of the seller, the date of sale, and the sale price. 7.2 Has a written estimate or evaluation been made for any item of property referred to in your answer to the preceding Interrogatory? If so, for each estimate or evaluation state: (a) the name, ADDRESS, and telephone number of the PERSON who prepared It and the date prepared; (b) the name, ADDRESS, and telephone number of each PERSON wha has a copy of it; and (c) the amount of damage stated. [1] 7.3 Has any item of property referred to in your answer to interrogatory 7,1 been repaired? If so, for each item state: (8) the date repaired, (b) a description of the repair; (c) the repair cost; (d) the name, ADDRESS, and telephone number of the PERSON who repaired If; (8) the name, ADDRESS, and telephone number of the PERSON who pald for the repalr. 8.0 Loss of Income or Earning Capaclty 1] 8.1 Do you attribute any loss of income or earning capacity to the INCIDENT? (if your answer is “no,” do not answer Intsrrogatorles 8.2 through 8.8). [1] 82 State: (a) the nature of your work; {b) your [ob title at the time of the INCIDENT; and (c) the date your employment began. ] 83 State the last date before the INCIDENT that you worked for compensation. [7] 84 State your manthly income at the time of the INCIDENT and how the amount was calculated. ["] 8.5 State the date you returned to work at each place of employment following the INCIDENT. [1] 8:6 State the dates you did not work and for which you lost income as a result of the INCIDENT, [I 8.7 State the total income you have lost to date as a result of the INCIDENT and how the amount was calculated. ] 8.8 Will you lose Income In the future as a result of the INCIDENT? If so, state: (a) the facts upon which you base this contention; (b) an estimate of the amount; (c) an estimate of how long you will be unable to work; and {d) how the claim for future income is calcuiated. DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page of 8 9.0 Other Damages 1] 9.1 Are there any other damages that you attribute to the INCIDENT? If so, for each item of damage state: (a) the nature; (b) the date it occurred; (c) the amount; and (d) the name, ADDRESS, and telephone number of each PERSON to whom an obligation was incurred. CJ 9.2 Do any DOCUMENTS support the existence or amount of any item of damages claimed in interrogatory 8.17 If so, describe each document and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 10,0 Medical History LC] 10.1 At any fime before the INCIDENT did you have com- plaints or Injuries that Involved the same part of your body claimed to have been injured in the INCIDENT? If so, for each state: (2) a description of the complaint or Injury; (b) the dates it began and ended; and (c) the name, ADDRESS, and telephone number of gach HEALTH CARE PROVIDER whom you consulted or who examined or treated you, ] 10.2 List &lf physical, mental, and emotional disabilities you had immediately before the INCIDENT, (You may omit mental or emotional disabilities unless you attribute any mental or emotional injury to the INCIDENT.) [1103 At any time after the INCIDENT, did you sustain injuries of the Kind for which you are now claiming damages? If so, for each incident giving rise to an injury state; (a) the date and the placs it occurred, (b) the name, ADDRESS, and telephone number of any other PERSON Involved; (c) the nature of any Injuries you sustained; (d) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER who you consulted or who examined or treated you; and (6) the nature of the treatment and its duration. 41,0 Other Claims and Previous Claims J 11.1 Except for this action, in the past 10 years have you filed an action or made a written claim or demand for compensation for your personal injuries? If so, for each action, claim, or demand state: (a) the date, time, and piace and location (closest street ADDRESS or intersection) of the INCIDENT giving rise to the action, claim, or demand; (b) the name, ADDRESS, and telephone number of each PERSON against whom the claim or demand wes made or the action filed; DISC-001 (c) the court, names of the parties, and case number of any action filed; (d) the name, ADDRESS, and telephone number of any attorney representing you; (e) whether the claim or action has been resotved or Is pending; and {i a description of the injury. ] 11.2 In the past 10 years have you made a written claim or demand for workers' compensation benefits? If so, for each claim or demand state: (a) the date, time, and place of the INCIDENT giving rise to the claim, (b) the name, ADDRESS, and telephone number of your employer at the time of the injury; (c) the name, ADDRESS, and telephone number of the workers' compensation insurer and the claim number; (d) the period of time during which you received workers' compensation benefits; {e) a description of the injury; (f) the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER who provided services; and (9) the case number at the Workers’ Compensation Appeals Board. 12.0 Investigation—General ™ 12.1 State the nams, ADDRESS, and telephone number of each individual: (a) who witnessed the INCIDENT or the events oceurring immediately before or after the INCIDENT; (b) who made any statement at the scene of the INCIDENT; (c) who heard any statements made about the INCIDENT by any individual at the scene; and {d) who YOU OR ANYONE ACTING ON YOUR BEHALF claim has knowledges of the INCIDENT (except for expert witnesses covered by Code of Civil Procedure section 2034), [] 122 Have YOU OR ANYONE ACTING ON YOUR BEHALF interviewed any Individual conceming the INCIDENT? If so, for each individual state: (a) the name, ADDRESS, and telephone number of the individual interviewed; (by the date of the Interview; and (0) the name, ADDRESS, and telephone number of the PERSON who conducted the interview. [] 123 Have YOU OR ANYONE ACTING ON YOUR BEHALF obteined a written or recorded statement from any individual concerning the INCIDENT? If so, for each statoment state; (a) the name, ADDRESS, and telephone number of the individual from whom the statement was obtained; {b) the name, ADDRESS, and telephone number of the individual who obtained the statement, (c) the date the statement was obtained; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original statement or a copy. DISC-001 {Ray. Jahuary 1, 2008] FORM INTERROGATORIES—GENERAL Page § of 8 12.4 Do YOU OR ANYONE ACTING ON YOUR BEHALF know of any photographs, films, or videotapes depleting any place, object, or individual concerning the INCIDENT or plaintiff's injuries? If so, state: (a) the number of photographs or feet of film or videotape; (6) the places, objects, or persons photographed, filmed, or videotaped, (c) the date the photographs, films, or videotapes were taken; {d) the name, ADDRESS, and telephone number of the individual taking the photographs, films, or videotapes; and (8) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of the photographs, films, or videotapes. i. 12.5 Do YOU OR ANYONE ACTING ON YOUR BEHALF know of any diagram, reproduction, or model of any place or thing (except for items developed by expert witnesses covered by Code of Civil Procedure sections 2034.210- 2034.310) concerning the INCIDENT? if so, for each item state: (a) the type (l.e., diagram, reproduction, or modal); {b) the subject matter; and (c) the name, ADDRESS, and telephone number of each PERSON who has it, [7] 126 Was a report made by any PERSON concerning the INCIDENT? If so, state: (a) the name, title, identification number, and employer of the PERSON who made the report; (b) the date and typs of report made; {c) the name, ADDRESS, and telephone number of the PERSON for whorn the report was made; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of the report. [1127 Have YOU OR ANYONE ACTING ON YOUR BEHALF inspected the scens of the INCIDENT? If so, for each Inspection state; (a) the name, ADDRESS, and telephone number of the individual making the inspection (except for expert witnesses covered by Code of Civil Procedure sections 2034.210-2034,310); and (b) the date of the Inspection, 13.0 Investigation—Surveillance CO] 13,1 Have YOU OR ANYONE ACTING ON YOUR BEHALF conducted surveillance of any individual involved in the INCIDENT or any party to this action? If so, for each sur- veiliance state: (a) the name, ADDRESS, and telephone number of the individual or party, (b) the time, date, and place of the surveillance; (c) the name, ADDRESS, and telephone number of the individual who conducted the surveillance; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of any surveillance photograph, film, or videotape. DISC-001 1 13,2 Has a written report been prepared on the surveillance? !f so, for each written report state: (a) the title; {b) the date; (6) the name, ADDRESS, and telephone number of the individual who prepared the report; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy. 14,0 Statutory or Regulatory Violations ] 14.1 Do YOU OR ANYONE ACTING ON YOUR BEHALF contend that any PERSON involved in the INCIDENT violated any statute, ordinance, or regulation and that the violation was a legal (proximate) cause of the INCIDENT? If s0, Identify the name, ADDRESS, and telephone number of each PERSON and the statute, ordinance, or regulation that was violated. ] 14.2 Was any PERSON cited or charged with a violation of any statute, ordinance, or regulation as a result of this INCIDENT? If so, for each PERSON state: (a) the name, ADDRESS, and telephone number of the PERSON; (b) the statute, ordinance, or regulation allegedly violated; (c) whether the PERSON entered a plea in response to the citation or charge and, if so, the plea entered; and (d) the name and ADDRESS of the court or administrative agency, names of the parties, and case number. 15.0 Denials and Special or Affirmative Defenses 15.1 Identify each denial of a material allegation and each special or affirmative defense In your pleadings and for each: (a) state all facts upon which you bass the denial or special or affirmative defense; (b) state the names, ADDRESSES, and telephone numbers ofall PERSONS who have knowledge of those facts; and (c) Identify all DOCUMENTS and other tangible things that support your denial or speclel or affirmative defense, and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 16.0 Defendant's Contentlons—Personal Injury LC] 16.1 Do you contend that any PERSON, other than you or plaintiff, contributed to the occurrence of the INCIDENT or the injuries or damages claimed by plaintiff? If so, for each PERSON: (a) state the name, ADDRESS, and telephone number of the PERSON; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify alt DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. ™ 16.2 Do you contend that plaintiff was not injured In the INCIDENT? if so; (a) state alt facts upon which you base your contention; (b) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (c) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who hes each DOCUMENT or thing. DISC-001 (Rev. January 1, 2008) FORM INTERROGATORIES—GENERAL Page Bola In 18,3 Do you contend that the injuries or the extent of the injuries claimed by plaintiff as disclosed in discovery proceedings thus far in this case were not caused by the INCIDENT? If so, for each injury: (a) identify it; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (dy identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. 16.4 Do you contend that any of the services furnished by any HEALTH CARE PROVIDER claimed by plaintiff In discovery proceedings thus far in this case were not due to ihe INCIDENT? If so: (a) Identify each service; {b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) Identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. []16.5 Do you contend that any of the costs of services furnished by any HEALTH CARE PROVIDER claimed as damages by plaintiff in discovery proceedings thus far in this case were not necessary or unreasonable? If so: (a) identify each cost; (b) state all facts upon which you base your contention; {c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) Identify all DOCUMENTS end other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. [] 16.6 Do you contend that any part of the loss of earnings or Income claimed by plaintiff in discovery proceedings thus far in this case was unreasonable or was not caused by the INCIDENT? If so; (a) identify each part of the loss; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. 1 16.7 Do you contend that any of the properly damage claimed by plaintiff in discovery Proceedings thus far in this case was not caused by the INCIDENT? If so: (a) Identify each item of property damage; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telaphone number of the PERSON who has each DOCUMENT or thing. DISC-001 ] 16.6 Do you contend that any of the costs of repairing the property damage claimed by plaintiff in discovery proceedings thus far in this case were unreasonable? If so! (a) identify each cost item; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify ali DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. [(] 16.9 Dc YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT (for example, Insurance bureau index reports) concerning claims for personal injuries made before or after the INCIDENT by a plaintiff in this case? If so, for each plaintiff state: (a) the source of each DOCUMENT; (b) the date each claim arose; (c) the nature of each claim; and (d) the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 16.10 Do YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT conceming the past or present physical, mental, or emotional condition of any plaintiff in this case from a HEALTH CARE PROVIDER not previously identified (except for expert witnesses covered by Code of Civil Procedure sections 2034.210-2034.310)7 If so, for gach plaintiff state: (a) ths name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER; (b) a description of each DOCUMENT; and (c) the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 17.0 Responses to Request for Admisslons J 17.1 1s your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: (a) state the number of the request; (b) state ail facts upon which you base your response; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (d) identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. . 18.0 [Reserved] 19.0 [Reserved] 20.0 How the Incident Occurred—NMotor Vehicle [1201 State the date, time, and place of the INCIDENT (closest street ADDRESS or intersection). Cl 20.2 For each vehicle involved in the INCIDENT, state: (a) the year, make, model, and license number; (b) the name, ADDRESS, and telephone number of the driver, DISC-001 Rev. January 1, 2008) FORM INTERROGATORIES—GENERAL Paga7of 8 (c) the name, ADDRESS, and telephone number of each occupant other than the driver; (d) the name, ADDRESS, and telephone number of each registered owner; (e) the name, ADDRESS, and telephone number of each lessee; (f the name, ADDRESS, and telephone number of each owner other than the registered owner or lien holder; and (g)the name of each owner who gave permission or consent to the driver to operate the vehicle. [120.3 State the ADDRESS and location where your trip began and the ADDRESS and location of your destination. [1204 Describe the route that you followed from the beginning of your trip to the location of the INCIDENT, and state the location of each stop, other than routine traffic stops, during the trip leading up to the INCIDENT, 1 20.5 State the name of the strest or roadway, the lane of travel, and the direction of travel of each vehicle involved in the INCIDENT for the B00 feet of travel before the INCIDENT. [12056 Did the INCIDENT occur at an intersection? If so, describe all traffic control devices, signals, or signs at the Intersection. ] 20.7 Was there a traffic signal facing you at the time of the INCIDENT? |f so, state: {a) your location when you first saw It; (b) the color; (c) the number of seconds it had been that calor; and (d) whether the color changed between the time you first saw ft and the INCIDENT. [120.8 State how the INCIDENT occurred, giving the speed, direction, and location of each vehicle involved: (a) just before the INCIDENT; (b) at the time of the INCIDENT; and (¢) just after the INCIDENT. ] 20.9 Do you have information that a malfunction or defect in a vehicle caused the INCIDENT? If so (a) Identify the vehicle; (b) Identify each malfunction or defect; (c) state the name, ADDRESS, and telephone number of pach PERSON who is a witness fo or has information about each malfunction or defect; and (d) state the name, ADDRESS, and telephone number of each PERSON who has custody of each defective part. [120.10 Do you have information that any malfunction or defect in a vehicle contributed to the injuries sustained in the INCIDENT? If so! (a) identify the vehicle; (b) identify each malfunction or defect; (c) state the name, ADDRESS, and telephone number of each PERSON who is a witness to or has information about each malfunction or defect; and DISC-001 (d) state the name, ADDRESS, and telephone number of each PERSON who has custody of each defective part. [7] 20.11 State the name, ADDRESS, and telephone number of each owner and each PERSON who has had possession since the INCIDENT of each vehicle Involved In the INCIDENT. 25.0 [Reserved] 30.0 [Reserved] 40.0 [Reserved] 50.0 Contract [] 50.1 For each agreement alleged In the pleadings: (a) identify seach DOCUMENT that is part of the agreement and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT; state each part of the agreement not in writing, the name, ADDRESS, and telephone number of each PERSON agreeing to that provision, and the date that part of the agreement was made; (c) identify all DOCUMENTS that evidence any part of the agreement not in writing and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT; identify all DOCUMENTS that are part of any modification to the agreement, and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT; state each modification not in writing, the date, and the name, ADDRESS, and telephone number of each PERSON agresing to the modification, and the date the modification was made; {f) Identify all DOCUMENTS that evidence any modification of the agreement not in writing and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT. (b ~ (d ~~ ~ — (e [1] 50.2 Was there a breach of any agreement alleged In the pleadings? If so, for each breach describe and give the date of every act or omission that you claim ls the breach of the agreement. 1 50.3 Was performance of any agreement alleged in the pleadings excused? If so, identify each agreement excused and state why performance was excused, ™ 50.4 Was any agreement alleged in the pleadings terminated by mutual agresment, release, accord and satisfaction, or novation? If so, Identify each agreement terminated, the date of termination, and the basis of the termInation. J 50.5 ls any agreement alleged in the pleadings unenforce- able? If so, Identify each unenforceable agreement and state why It is unenforceable. [] 50.6 |s any agreement alleged in the pleadings ambiguous? If so, Identify each ambiguous agreement and state why itis ambiguous, 60.0 [Reserved] DISC-001 [Rav. January 1, 2008) FORM INTERROGATORIES—GENERAL Page 8 of 8 PROOF OF SERVICE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) I am employed in the County of Orange, State of California, {am over the age of 18 and not a party to the within action. My business address is 3777 North Harbor B oulevard, Fullerton, California 92833, On October 24, 2016, I served the foregoing document described as FORM INTERROGATORIES PROPOUNDED ON MING CHENG CHEN [SET ONE] o n each interested party listed on the attached service list as follows: _X_ (VIA MAIL) I placed the envelope for collection and m ailing, following our ordinary business practices. Iam readily familiar with Jones & Mayer's p ractice for collection and processing of correspondence for mailing with the United S tates Postal Service. Under that practice, it would be deposited with the United States Postal Service on that same day with postage thereon fully prepaid at La Habra, California, in the ordinary course of business. I am aware that on motion of the parties served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing affidavit. (VIA OVERNIGHT DELIVERY) I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to each interested party, I placed the envelope or package for collection and overnight delive ry in the overnight delivery carrier depository at Fullerton, California to ensure next day delivery. (VIA FACSIMILE) Based on an agreement of the parties to accept se rvice by fax transmission, I faxed the documents to the persons at the fax numbers listed f or each interested party, No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached, (VIA EMAIL) Based on a court order or an agreement of the parties to accept electronic service, I caused the documents to be sent to each interested party a t the electronic service addresses listed, I declare under penalty of perjury under the laws of the State of California that the fore going is true and correct, Executed on October 24, 2016, at Fullerton, California, PROOF OF SERVICE LIST Counsel for Defendants, Ming Cheng Chen and Hsiange Chu Shih Chen dba New Harbor Inn Frank A. Weiser Attorney at Law 3460 Wilshire Blvd., Suite 1212 Los Angeles, CA 90010 Telephone: 213-384-6964 Fax; 273-383-7368 Email; maimons@aol.com EXHIBIT B DISC-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stafe Bar number, and address): Dean J, Pucci, Esq. SBN 221807, Bruce A, Lindsay, Esq. SBN 102794 |. Jones & Mayer 3777 N. Harbor Blvd Fullerton, CA 92835 TELEPHONE NO: 714-446-1400 FAX NO. (Optional) 714-446-1448 £.MAIL ADDRESS (Optional): djp@jones-mayer.com; bal@jones-mayer com ATTORNEY FOR (Name): City of Costa Mesa; and the People of the State of California SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE 700 Civic Center Drive West Senta Ana, CA 92701 SHORT TITLE OF CASE: City of Costa Mesa, et al. v. New Harbor Inn, et al. Asking Party: City of Costa Mesa Answering Party: Hsiange Chu Shih Chen Set No: ONE FORM INTERROGATORIES--GENERAL CASE NUMBER! 30-2016-00848149-CU-OR-CIC Sec. 1. Instructions to All Parties (8) Interrogatories are written questions prepared by a party to an action that are sent to any other party in the actien to be answered under oath, The interrogatorles below are form interrogatories approved for use In civii cases, (by For time limitations, requirements for service on other parties, and other details, see Code of Clvli Procedure sections 2030.010-2030.410 and the cases construing those sections, (c) These form interrogatories do not change existing law relating to interrogatories nor do they affect an answering party's right to assert any privilege or make any objection. Sec, 2. Instructions to the Asking Party (a) These interrogatories are designed for optional use by parties In unlimited civil cases where the amount demanded excesds $25,000, Separate interrogatories, Form Interrogatories—Limited Civil Cases (Economic Litigation) (form DISC-004), which have no subparts, are designed for use in limited civil cases where the amount demanded Is $25,000 or less; however, those interrogatories may also be used in unlimited civit cases. (b) Check the box next to each interrogatory that you want the answering party to answer. Use care in choosing those interrogatories that are applicable to the case. (c) You may insert your own definition of INCIDENT in Section 4, but only where the action arises from a course of condust or a serles of events occurring over a period of time, (d) The interrogatories In section 16.0, Defendant's Contentians—Personal Injury, should not be used until the defendant has had a reasonable opportunity to conduct an investigation or discovery of plaintiff's injuries and damages. (8) Additional interrogatories may be attached, Sec. 3. Instructions to the Answering Party (a) An answer or other appropriate response must be given to each interrogatory checked by the asking party. (ob) As a general rule, within 30 days after you are served with these interrogatories, you must serve your responses on the asking party and serve copies of your responses on all other parties to the action who have appeared. See Code of Civil Procedure sections 2030,260-2030.270 for detalls, Farm Approved for Optional Use Judicial Councli of Cafifomia DISC-001 {Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL (c) Each answer must be as complete and straightforward as the Information reasonably available to you, including the information possessed by your attomeys or agents, permits. If an interrogatory cannot be answered compietely, answer it fo the extent possible. (d) Ifyou do not have enough personal knowledge to fully answer an interrogatory, say so, but make a reasonable and good faith effort to get the information by asking other persons or organizations, unless the information is equally avallable to the asking party. {e) Whenever an inferrogatory may be answered by referring to a document, the document may be attached as an exhibit to the response and referred to In the response. if the document has more than one page, refer to the page and saction where the answer to the interrogatory can be found. (f) Whenever an address and telephone number for the same person are requested in more than one Interrogatory, you are required to furnish them in answering only the first interrogatory asking for that information. (9) Ifyou are asserting a privilege or making an objection fo an Interrogatory, you must specifically assert the privilege or state the objection in your written response. (h) Your answers to these interrogatories must be verified, dated, and signed. You may wish to use the following form at the end of your answers: I declare under penalty of perjury under the laws of the State of California that the foregoing answers are frue and correct. (DATE) (SIGNATURE) Sec. 4. Definitions Words in BOLDFACE CAPITALS in these interrogatories are defined as follows: (a) (Check one of the following): [CJ (1) INCIDENT includes the circumstances and events surrounding the alleged accident, injury, or other occurrence or breach of contract giving rise to this action or procesding. Pagetof8 Code of Chil Procadurs, §8§ 2030,010-2030.4190, 2033.710 wwiv.courtinfo.ca.gov {2) INCIDENT means (insert your definition here or on & separate, attached sheet labeled “Sec. wee . . . The filing and service of this lawsuit by Plaintiffs, (b) YOU OR ANYONE ACTING ON YOUR BEHALF includes you, your agents, your employees, your insurance companies, their agents, thelr employees, your attorneys, your accountants, your investigators, and anyone else acting on your behalf, (c) PERSON includes a natural person, firm, assoclation, organization, partnership, business, trust, limited liabllity company, corporation, or public entity. (d) DOCUMENT means a writing, as defined in Evidence Codes section 250, and includes the original or a copy of handwriting, typewriting, printing, photostats, photographs, electronically stored information, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them. {e) HEALTH CARE PROVIDER includes any PERSON referred to in Code of Civil Procedure section 667.7(8)(3). (fi ADDRESS means the street address, including the olty, state, and zip code. Sec, 5. interrogatories The following interrogatories have been approved by the Judicial Coungll under Code of Civil Procedure section 2033.710: CONTENTS 1.0 Identity of Persons Answering These interrogatories 2.0 General Background [nformation—I(ndividuat 3.0 General Background Information—Business Entity 4.0 Insurance 5.0 [Reserved] 8.0 Physical, Mental, or Emotional [njurles 7.0 Property Damage 8,0 Loss of Income or Earning Capacity 9,0 Other Damages 10.0 Medical History 11.0 Other Claims and Previous Claims 12.0 Investigation—General 13.0 investigation—Survelllance 14,0 Statutory or Regulatory Violations + 15,0 Denlals and Special or Affirmative Defenses 18.0 Defendant's Contentions Personal (njury 17.0 Responses to Request for Admissions 18.0 [Reserved] 19.0 [Reserved] 20.0 How the Incident Occurred—Motor Vehicle 26.0 [Reserved] 30.0 [Resstved] 40.0 [Reserved] 50.0 Contract 60.0 [Reserved] 70.0 Unlawful Detalner [See separafe form DISC-003] 101.0 Economic Litigation [See separate form DISC-004] 200,0 Employment Law [See separate form DISC-002] Family Law [See separate form FL-145] DISC-001 1.0 Identity of Persons Answering These Interrogatories 1.4 State the name, ADDRESS, telephone number, and relationship to you of each PERSON who prepared or assisted in the preparation of the responses to these interrogatories. (Do not Identify anyone who simply typed or reproduced the responses.) 2,0 General Background Information—individual 2.1 State: (a) your name; (b) every name you have used in the past; and (c¢) the dates you used each name, 2.2 State the date and place of your birth. [7] 2.3 At the time of the INCIDENT, did you have a driver's license? If so state! (a) the state or other issuing entity; (b) the license number and type; (c¢) the date of issuance; and (d) all restrictions. [] 2.4 Atthe time of the INCIDENT, did you have any other permit or license for the operation of a motor vehicle? If so, state: (a) the state or other issuing entity; (b) the license number and type; (c) the date of issuance; and (dy all restrictions. ) 2.6 State: | (a) your present residence ADDRESS; (b) your residence ADDRESSES for the past five years; and (c) the dates you lived at each ADDRESS. 2.6 State: (a) the name, ADDRESS, and telephone number of your present employer or place of self-employment; and {b) the name, ADDRESS, dates of employment, job title, and nature of work for each employer or self-employment you have had from flve years before the INCIDENT until today. 2.7 State: (a) the name and ADDRESS of each school or other academic or vocational institution you have attended, beginning with high school, (b) the dates you aitended; {c) the highest grade level you have completed; and (d) the degrees received. 2.8 Have you ever been convicted of a felony? If so, for each conviction state: (8) the city and state where you were convicted, (b) the date of conviction; (¢) the offense; and (d) the court and case number, 2.9 Can you speak English with ease? If not, what language and dialect do you normally use? 2,10 Can you read and write English with ease? If not, what language and dialect do you normally use? DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 2078 ] 2.11 Atthe time of the INCIDENT were you acting as an agent or employee for any PERSON? If so, state: (a) the name, ADDRESS, and telephone number of that PERSON: and (b) a description of your duties. [] 2.42 At the time of the INCIDENT did you or any other person have any physical, emotional, or mental disability or condition that may have contributed to the occurrence of the INCIDENT? If s0, for each person state: (a) the name, ADDRESS, and telephone number; (b) the nature of the disability or condition; and {c) the manner in which the disability or condition contributed to the occurrence of the INCIDENT. J 2.13 Within 24 hours before the INCIDENT did you or any person involved in the INCIDENT use or take any of the following substances: alcoholic beverage, marijuana, or other drug or medication of any kind {prescription or not)? If so, for each person state: (a) the name, ADDRESS, and telephone number; (b) the nature or description of each substance; (c) the quantity of each substance used or taken; (d) the date and time of day when each substance was used or taken; (e) the ADDRESS where each substance was used or taken; {fy the name, ADDRESS, and telephone number of each person who was present when each substance was used or taken; and {g) the name, ADDRESS, and telephone number of any HEALTH GARE PROVIDER who prescribed or furnished the substance and the condition for which it was prescribed or furnished, 3.0 General Background Information—Business Entity [] 3.1 Are you a corporation? If so, state: (g) the name stated in the current articles of incorporation, (b) all other names used by the corporation during the past 10 years and the dates each was used; (o) the date and place of incorporation; (d) the ADDRESS of the principal place of business; and (e) whether you are qualified to do business in California. ] 3.2 Are you a partnership? If so, state! (a) the current partnership name; (b} all other names used by the partnership during the past 10 years and the dates each was used, (c) whether you are a limited partnership and, if so, under the laws of what jurisdiction; (d) the name and ADDRESS of each general partner, and {e) the ADDRESS of the principal place of business, 1 3.3 Are you a limited liabliity company? If so, state: (a) the name stated in the current articles of organization; (b) all other names used by the company during the past 10 years and the date each was used, (c) the date and place of filing of the articles of organization; (d) the ADDRESS of the principal place of business; and (e) whether you are qualified to do business in California. DISC-001 ] 3.4 Are you a joint venture? If so, state: (a) the current joint venture hame, (b) alt other names used by the joint venture during the past 10 years and the dates each was used; (c) the name and ADDRESS of each joint venturer; and {d) the ADDRESS of the principal place of business. ] 3.5 Are you ah unincorporated association? if 50, state: (a) the current unincorporated association name; (b) all other names used by the unincorporated association during the past 10 years and the dates each was used; and (c) the ADDRESS of the principal place of business, 1 3,8 Have you done business under a fictitious name during the past 10 years? If so, for each fictitious name state: & the name; b) the dates each was used; (c) the state and county of each fictitious name filing; and (d) the ADDRESS of the principal place of business. J 3,7 Within the past five years has any public entity regls- tered or licensed your business? If so, for each license or registration; (a) Identify the license or registration; (b} state the name of the public entity; and (c) state the dates of issuance and expiration. 4.0 Insurance 7] 4.1 Atthe time of the INCIDENT, was there In effect any policy of insurance through which you were or might be insured in any manner (for example, primary, pro-rata, or excess liability coverage or medical expense coverage) for the damages, claims, or actions that have arisen out of the INCIDENT? if so, for each policy state: (a) the kind of coverage; {b) the name and ADDRESS of the insurance company, (¢) the name, ADDRESS, and telephone number of each named insured, {d) the policy number; {e) the limits of coverage for each type of coverage con- tained in the policy; (fy whether any reservation of rights or controversy or coverage dispute exists between you and the insurance company; and (g) the name, ADDRESS, and telephone number of the custodian of the policy. [J 4.2 Are you self-insured under any statute for the damages, claims, or actions that have arisen out of the INCIDENT? If 50, specify the statute, 5.0 [Reserved] 8.0 Physical, Mental, or Emotional Injuries []81 Do you attribute any physical, mental, or emotional Injuries fo the INCIDENT? (If your answer is “no,” do not answer interrogatories 6.2 through 6.7). [7] 6.2 identify sach injury you attribute to the INCIDENT and the area of your body affected. DISC-001 [Rev. January 1, 2008} FORM INTERROGATORIES—GENERAL Page 3 of 8 [6.3 Do you still have any complaints that you attribute to the INCIDENT? If so, for each complaint state: (a) a description; (b) whether the complaint Is subsiding, remaining the same, of becoming worse; and (0) the frequency and duration. 1] 8.4 Did you recelve any consultation or examination (except from expert witnesses covered by Code of Civil Procedure sections 2034,210~2034.310) or treatment from a HEALTH CARE PROVIDER for any Injury you attribute to the INCIDENT? If so, for each HEALTH CARE PROVIDER state: (a) the name, ADDRESS, and telephones number; (b) the type of consultation, examination, or treatment provided; (c) the dates you received consultation, examination, or treatment; and (d) the charges to date. 1 6.5 Have you taken any medication, prescribed or not, &s a result of injuries that you attribute to the INCIDENT? If so, for each medication state: (a) the name; {b) the PERSON who prescriped or furnished It; {c) the date it was prescribed or furnished; (d) the dates you began and stopped taking it; and (8) the cost to dats. [T] 66 Are thers any other medical services necessitated by the injuries that you attribute to the INCIDENT that were not previously listed (for example, ambulance, nursing, prosthetics)? If so, for each service state: (a) the nature; (b) the date, (c) the cost; and (d) the name, ADDRESS, and telephone number of each provider. [167 Has any HEALTH CARE PROVIDER advised that you may require future or additional treatment for any Injuries that you attribute to the INCIDENT? If so, for each injury state: (a) the name and ADDRESS of each HEALTH CARE PROVIDER; (b) the complaints for which the treatment was advised; and (¢) the nature, duration, and estimated cost of the treatment. 7.0 Property Damage 7.4 Do you atiribute any loss of or damage tc a vehicle or other property fo the INCIDENT? If so, for each item of property: (a) describe the property, (b) describe the nature and location of the damage to the property, Ls [J O 0 Oo oOo o u DISC-001 (e) state the amount of damage you are claiming for each item af property and how the amount was calculated; and (d) if the property was sold, state the name, ADDRESS, and telephone number of the seller, the date of sale, and the sale price, 7.2 Has a written estimate or evaluation been made for any tem of property referred to in your answer to the preceding interrogatory? If so, for each estimate of evaluation state: (a) the name, ADDRESS, and telephone number of the PERSON who prepared it and the date prepared; (b) the name, ADDRESS, and telephone number of each PERSON who has a copy of it; and (c) the amount of damage stated. 7.3 Has any item of property referred to In your answer to interrogatory 7.1 been repaired? If so, for each item state: (a) the date repaired; (b) a description of the repair; (c) the repair cost; (d) the name, ADDRESS, and telephone number of the PERSON who repaired it; (6) the name, ADDRESS, and telephone number of the PERSON who paid for the repalr. Loss of Income or Earning Capacity 8.1 Do you attribute any loss of income or earning capacity to the INCIDENT? (/f your answer is "no," do not answer interrogatories 8.2 through 8.8). 8.2 State: (a) the nature of your work; (b) your job title at the time of the INCIDENT; and {c) the date your employment began. 8.3 State the last date before the INCIDENT that you worked for compensation, 8.4 State your monthly income at the time of the INCIDENT and how the amount was calculated. 8.5 Stats the date you returned to work at each place of employment following the INCIDENT. 8.6 State the dates you did not work and for which you lost Income as a result of the INCIDENT. 8.7 State the total income you have lost to date as a result of the INCIDENT and how the amount was calculated, 8.8 Will you lose income in the future as a result of the INCIDENT? If so, stale: (a) the facts upon which you base this contention; (b) an estimate of the amount; (c) an estimate of how long you will be unable to work; and (dt) how the claim for future income Is calculated. DISC-0D1 Rev. Januar 1, 2008 FORM INTERROGATORIES—GENERAL Page dof 8.0 Other Damages [7] 9.1 Are there any other damages that you attribute to the INCIDENT? If so, for each item of damage state: (a) the nature, (b) the date it occurred; (c) the amount; and (d) the name, ADDRESS, and telephone number of each PERSON to whom an obligation was incurred, ] 9.2 Do any DOCUMENTS support the existence or amount of any item of damages claimed in interrogatory 9.17 If so, describe sach document and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 10.0 Medical History [7] 40.1 At any time before the INCIDENT did you have com- plaints or injuries that involved the same part of your body claimed to have been Injured in the INCIDENT? If so, for each state (a) a description of the complaint or injury; (b) the dates It began and ended; and (c} the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER whom you consulted or who examined ot treated you, [1 102 Ustall physical, mental, and emotional disabilities you had immediately before the INCIDENT. (You may omit mental or emotional disabilities unless you atiribute any mental or emotional injury to the INCIDENT.) 103 at any time after the INCIDENT, did you sustain injures of the kind for which you are now claiming damages? If so, for each incident giving rise to an Injury state! (a) the date and the place it occurred; (b) the name, ADDRESS, and telephone number of any other PERSON invelved, (c) the nature of any injuries you sustained; (d) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER who you consulted or who examined or treated you; and (e) the nature of the treatment and its duration, 11.0 Other Claims and Previous Claims [7] 11.1 Except for this action, in the past 10 years have you filed an action or made a written claim or demand for compensation for your personal injuries? If so, for each action, claim, or demand state: (a) the date, time, and place and location (closest street ADDRESS or Intersection) of the INCIDENT giving rise to the action, claim, or demand; (b) the name, ADDRESS, and telephone number of each PERSON against whom the claim or demand was made or the action filed; 1 DISC-001 (c) the court, names of the parties, and case number of any action filed, (d) the name, ADDRESS, and telephone number of any attorney representing you, (e) whether the claim or action has been resolved or is pending; and (fh a description of the injury. 11.2 In the past 10 years have you made a written claim or demand for workers’ compensation benefits? If so, for each claim or demand state: (a) the date, time, and place of the INCIDENT giving rise to the claim; (b) the name, ADDRESS, and telephone number of your employer at the time of the injury; (c) the name, ADDRESS, and telephone number of the workers' compensation insurer and the claim number, (d) the period of time during which you received workers’ compensation benefits, {e) a description of the injury; {f) the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER who provided services; and (0) the case number at the Workers’ Compensation Appeals Board, 12,0 Investigation—-General [7] 12.1 State the name, ADDRESS, and telephone number of each [ndividual: (a) who witnessed the INGIDENT or the events occurring immediately before or after the INCIDENT; {6) who made any statement at the scene of the INCIDENT; (¢) who heard any statements made about the INGIDENT by any individual at the scene; and (d) who YOU OR ANYONE ACTING ON YOUR BEHALF claim has knowledge of the INCIDENT (except for expeft witnesses covered by Code of Civil Procedure section 2034). 12.2 Have YOU OR ANYONE ACTING ON YOUR BEHALF interviewed any Individual concerning the INCIDENT? If so, for sach individual state: (3) the name, ADDRESS, and telephone number of the individual interviewed); (b) the date of the interview, and (c) the name, ADDRESS, and telephone number of the PERSON who conducted the Interview. 12.3 Have YOU OR ANYONE ACTING ON YOUR BEHALF obtalned a written or recorded statement from any individual concerning the INCIDENT? If so, for each statement state: (a) the name, ADDRESS, and telephone number of the individual from whom the statement was obtained; {b) the name, ADDRESS, and telephone number of the Individual who obtained the statement; (c) the date the statement was obtained; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original statement or a copy. DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES-—GENERAL Page 5 of 8 [ ]142.4 Dc YOU OR ANYONE ACTING ON YOUR BEHALF know of any photographs, films, or videotapes depicting any place, object, or individual concerning the INCIDENT or plaintiffs Injuries? If so, state: (2) the number of photographs or feet of film or videotape; (b) the places, objects, or persons photographed, filmed, or videotaped; (c) the daie the photographs, films, or videotapes were taken; (d) the name, ADDRESS, and telephone number of the individual taking the photographs, films, or videotapes; and (e) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of the photographs, films, or videotapes. 7] 12.5 Do YOU OR ANYONE ACTING ON YOUR BEHALF know of any diagram, reproduction, or model of any place or thing (except for items developed by expert witnesses covered by Code of Civil Procedure sections 2034.210- 2034.340) concerning the INCIDENT? If so, for each item state: (a) the type (i.e., diagram, reproduction, or model); (b) the subject matter; and (c) the name, ADDRESS, and telephone number of each PERSON who has it. ] 12.6 Was a report made by any PERSON concerning the INCIDENT? if so, state: (a) the name, file, identification number, and employer of the PERSON who made the report; (b) the date and type of report made; (c) the name, ADDRESS, and telephone number of the PERSON for whom the report was made; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of the report, [1127 Have YOU OR ANYONE AGTING ON YOUR BEHALF inspected the scene of the INCIDENT? If so, for each inspection state: (a) the name, ADDRESS, and telephone number of the individual making the Inspection (except for expert withesses covered by Code of Civil Procedure sections 2034,210-2034.310); and {b) the date of the inspection. 13.0 [nvestigation—Survelllance [] 43.1 Have YOU OR ANYONE ACTING ON YOUR BEHALF conducted surveillance of any individual involved in the INCIDENT or any party to this action? If so, for each sur- velllance state: (a) the name, ADDRESS, and telephone number of the individual or party, (b) the time, date, and place of the surveiliancs, (c) the name, ADDRESS, and telephone number of tha individual who conducted the surveillance; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of any surveillance photograph, film, or videotape. . DISC-001 ™] 18.2 Has a written report been prepared on the surveillance? If so, for each written report state: (a) the title; (b) the date; {c) the name, ADDRESS, and telephone number of the individual who prepared the report; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy. 14,0 Statutory or Regulatory Violations ] 14,1 Do YOU OR ANYONE ACTING ON YOUR BEHALF contend that any PERSON involved in the INCIDENT violated any statute, ordinance, or regulation and that the violation was a legal (proximate) cause of the INCIDENT? If so, identify the name, ADDRESS, and telephone number of each PERSON and the statute, ordinance, or regulation that was violated, [114.2 Was any PERSON cited or charged with a violation of any statute, ordinance, or regulation as a result of this INCIDENT? if so, for each PERSON state: {a) the name, ADDRESS, and telephone number of the PERSON; (b) the statute, ordinance, or regulation allegedly violated; (c) whether the PERSON entered a plea in response to the citation or charge and, if so, the plea entered; and (d) the name and ADDRESS of the court or administrative agency, names of the parties, and case number, 45.0 Denials and Special or Affirmative Defenses 15.1 Identify each denial of a material allegation and each special or affirmative defense in your pleadings and for each: (a) state all facts upon which you base the denial or special or affirmative defense, (b} state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and {c) Identify all DOCUMENTS and other tangible things that support your denial or special or affirmative defense, and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 16.0 Defendant's Contentions—Personal Injury ] 16.1 Do you contend that any PERSON, other than you or plaintiff, contributed to the occurrence of the INCIDENT or the injuries or damages claimed by plaintiff? If so, for each PERSON: (a) state the name, ADDRESS, and telephone number of the PERSON; (by state ali facts upon which you base your contention; (¢) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. [C] 16.2 Do you contend that plaintiff was not injured In the INCIDENT? If so: (a) state all facts upon which you base yout contention; (b) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and {c) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. "BISC-001 Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page § of 8 [116.3 Do you contend that the injuries or the extent of the injuries claimed by plaintiff as disclosed in discovery proceedings thus far in this case were not caused by the INCIDENT? If s0, for each injury: (a) identify it, {b) state all facts upon which you base your contention; {c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. [7] 16.4 Do you contend that any of the services furnished by any HEALTH CARE PROVIDER claimed by plaintiff in discovery proceedings thus far In this case were not due to the INCIDENT? [f so: (a) identify each service; (b) state alf facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. [1465 Do you contend that any of the costs of services furnished by any HEALTH CARE PROVIDER claimed as damages by plaintiff in discovery proceedings thus far in this case wera not necessary or unreasonable? If 80. (a) identify each cost; (b) state all facts upon which you base your contention; {c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) Identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing, J 18.6 Do you conend that any part of the loss of earnings or income claimed by plaintiff in discovery proceedings thus far in thls case was unreasonable or was not caused by the INCIDENT? if so; (a) Identify each part of the loss; (b) state all facts upon which you bass your contention; (0) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. [I 18.7 Do you contend that any of the property damage olaimed by plaintiff In discovery Proceedings thus far in this case was not caused by the INCIDENT? If so; (a) identify each item of property damage; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) Identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. DISC-001 [7] 16.8 Do you contend that any of the costs of repairing the property damage claimed by plaintiff in discovery procesdings thus far in this case were unreasonable? If so: (a) identify each cost item; (b} state all facts tipon which you base your contention; (0) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. [] 16.5 Do YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT (for example, Insurance bureau Index repors) concerning claims for personal injuries made before or after the INCIDENT by a plaintiff in this case? If so, for each plaintiff state: (a) the source of each DOCUMENT; {(b) the date each claim arose; {c) the nature of each claim; and {d) the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT, [ ]16.10 Do YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT concerning the past or present physical, mental, or emotional condition of any plaintiff in this case from 8 HEALTH CARE PROVIDER not previously identified (except for expert witnesses covered by Code of Civil Procedure sections 2034.210-2034,310)? If so, for each plaintiff state: (a) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER; (b) a description of each DOCUMENT; and (c) the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 17.0 Responses to Request for Admissions 17.1 Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: (a) state the number of the request; (b) state all facts upon which you base your response; {c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (d) identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. 18.0 [Reserved] 19.0 [Reserved] 20,0 How the Incident Occurred—WMotor Vehicle [J 20.1 State the date, time, and place of the INCIDENT (closest street ADDRESS or intersection), ] 20,2 For each vehicle involved in the INCIDENT, slate: (a) the year, make, model, and license number, {b} the name, ADDRESS, and telephone number of the driver; DISC-001 {Rav, January 1, 2008] FORM INTERROGATORIES—GENERAL Page7of 8 {c) the name, ADDRESS, and telephone number of each occupant other than the driver; (d) the name, ADDRESS, and telephone number of each registered owner; (e) the name, ADDRESS, and telephone number of each lessees; (f) the name, ADDRESS, and telephone number of each owner other than the registered owner or lien holder; and (9) the name of each owner who gave permission or consent to the drlver to operate the vehicle, [1203 State the ADDRESS and location where your trip began end the ADDRESS and location of your destination. [] 20.4 Describes the route that you followed from the beginning of your trip to the location of the INCIDENT, and state the location of each stop, other than routine traffic stops, during the trip leading up to the INCIDENT. [120.5 state the name of the street or roadway, the lane of travel, and the direction of travel of each vehicle involved in the INCIDENT for the 500 fest of travel before the INCIDENT. []206 Did the INGIDENT occur at an Intersection? If so, describe all traffic control devices, signals, or signs at the intersection. J 20.7 Was there a traffic signal facing you at the time of the INCIDENT? If so, state: (a) your location when you first saw It; (b) the color; (¢) the number of seconds It had been that color; and (d) whether the color changed between the time you first saw It and the INCIDENT, 20,8 State how the INCIDENT occurred, giving the speed, direction, and location of each vehicle involved: (a) just before the INCIDENT; (b) at the time of the INCIDENT; and (c) Just after the INCIDENT. ] 20.9 Do you have information that a malfunction or defect in a vehicle caused the INCIDENT? If so (a) identify the vehicle; (b) Identify each malfunction or defect; (c) state the name, ADDRESS, and telephone number of each PERSON who is a witness to or has information about each malfunction or defect; and (d) state the name, ADDRESS, and telephone number of each PERSON who has custody of each defective part. [120.10 Do you have information thet any malfunction or defect In a vehicle contributed to the injuries sustained in the INCIDENT? If so: (a) Identify the vehicle; (b) identify each malfunction or defect; (c) state the name, ADDRESS, and telephone number of each PERSON who is a witness to or has information about each malfunction or defect; and DISC-001 (d) state the name, ADDRESS, and telephone number of each PERSON who has custody of each defective part, OO 20.11 State the name, ADDRESS, and telephone number of each owner and mach PERSON who has had possession since the INCIDENT of each vehicle involved in the INCIDENT. 25.0 [Reserved] 30.0 [Reserved] 40.0 [Reserved] 50.0 Contract J 50.1 For each agreement alleged in the pleadings: (a) identify each DOCUMENT thats part of the agreement and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT; (b) state each part of the agreement not in writing, the name, ADDRESS, and telephone number of each PERSON agreeing to that provision, and the date that part of the agreement was made; (c) Identify all DOCUMENTS that evidence any part of the agreement not in writing and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT; (d) identify all DOCUMENTS that are part of any modification to the agreement, and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT; state each modification notin writing, the date, and the name, ADDRESS, and telephone number of each PERSON agreeing to the modification, and the date the modification was made, (f) identify all DOCUMENTS that evidence any modification of the agreement not in writing and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT, J] 50.2 Was there a breach of any agresment alleged in the pleadings? If so, for each breach describe and give the date of every act or omission that you claim is the breach of the agreement. (e ~~ [1 50.3 Was performance of any agreement alleged in the pleadings excused? If so, identify each agreement excused and state why performance was excused. ] 50.4 Was any agreement alleged In the pleadings terminated by mutual agreement, release, accord and satisfaction, or novation? If so, identify each agreement terminated, the date of termination, and the basis of the termination. [5051s any agreement alleged in the pleadings unenforce- able? If so, Identify each unenforceable agresment and state why it Is unenforceable, CC] 50.6 Is any agreement alleged in the pleadings ambiguous? If so, Identify each ambiguous agreement and state why It Is ambiguous, 60.0 [Reserved] DISC-001 {Rev. January 1, 2008} FORM INTERROGATORIES—GENERAL Page Bol § PROOF OF SERVICE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is 3777 North Harbor Boulevard, Fullerton, California 92835. On October 24, 2016, I served the foregoing document described as FORM INTERROGATORIES PROPOUNDED ON HSIANGE CHU SHIH CHEN [SET ONE] on each interested party listed on the attached service list as follows: XxX (VIA MAIL) I placed the envelope for collection and mailing, following our ordinary business practices. Iam readily familiar with Jones & Mayer's practice for collection and processing of correspondence for mailing with the United States Postal Service. Under that practice, it would be deposited with the United States Postal Service on that same day with postage thereon fully prepaid at La Habra, California, in the ordinary course of business. I am aware that on motion of the parties served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing affidavit. (VIA OVERNIGHT DELIVERY) I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to each interested party. I placed the envelope or package for collection and overnight delivery in the overnight delivery carrier depository at Fullerton, California to ensure next day delivery. (VIA FACSIMILE) Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed for each interested party, No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. (VIA EMAIL) Based on a court order or an agreement of the parties to accept electronic service, I caused the documents to be sent to each interested party at the electronic service addresses listed. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 24, 2016, at Fullerton, Celifornis, K JAA rr” Kate Becelry/ PROOF OF SERVICE LIST Counsel for Defendants, Ming Cheng Chen and Hsiange Chu Shih Chen dba New Harbor Inn Frank A, Weiser Attorney at Law 3460 Wilshire Blvd., Suite 1212 Los Angeles, CA 90010 Telephone; 213-384-6964 Fax; 273-383-7368 Email: maimons@aol.com EXHIBIT C r I ! fo Be e T | DISC-001 ! ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Har number, and adress): Dean J. Pucci, Esq. SBN 221807, Bruce A, Lindsay, Esq. SBN 102794 | Jones & Mayer 3777 N, Harbor Blvd : : Fullerton, CA 92835 i | TELEPHONE NO: 714-446-1400 FAX NO, (Optional): 714-446-1448 : E-MAIL ADDRESS (Optional; djp@Jjones-mayer.com; bal@jones-mayer.com { ATTORNEY FOR (Name): City of Costa Mesa; and the People of the State of California SUPERIOR COURT OF CALIFORNIA, COUNTY oF ORANGE 700 Civic Center Drive West ; Santa Ana, CA 92701 : SHORT TITLE OF CASE! City of Costa Mesa, et al, v. New Harbor Inn, et al. FORM INTERROGATORIES—GENERAL GARE NUMBER: | Asking Party: City of Costa Mesa 30-2016-00848 1 49-CU-OR-CIC | | Answering Party: New Harbor Inn Set No.. ONE Sec. 1. Instructions to All Parties (a) Interrogatories are written questions prepared by a party to an action that are sent to any other party in the action to be answered under oath. The interrogatories below are form interrogatories approved for use in civil cases. {by For time limitations, requirements for service on other parties, and other details, see Code of Civil Procedure sections 2030.010-2080.410 and the cases construing those sections. {6) These form interrogatories do not change existing law relating to interrogatories nor do they affect an answering party's right to assert any privilege or make any objection. Sec, 2. Instructions to the Asking Party (a) These interrogatories are designed for optional use by parties In unfimited civif cases where the amount demanded exceeds $25,000. Separate interrogatories, Form Interrogatorles—Limited Civil Cases (Economic Litlgation) (form DISC-004), which have no subparts, are designed for use In limited civil cases where the amount demanded is $25,000 or less; however, those interrogatories may also be used In unlimited civil cases, (b) Check the box next to each interrogatory that you want the answering party to answer. Use care in choosing those interrogatories that are applicable to the case, (c) You may insert your own definition of INCIDENT in Section 4, but only where the action arises from a course of conduct or & series of events occurring over a period of time, (d) The interrogatories in section 16.0, Defendant's Contentions-Personal Injury, should not be used until the defendant has had & reasonable opportunity to conduct an investigation or discovery of plaintiff's injuries and damages. (e) Additional interrogatories may be attached. Sec. 3. Instructions to the Answering Party (a) An answer or other appropriate response must be given to each interrogatory checked by the asking party. (b) As a general rule, within 30 days after you are served with these interrogatories, you must serve your responses on the asking party and serve copies of your responses on all other parties to the action who have appeared, See Code of Civil Procedure sections 2030.260-2030.270 for details. Form Approvad for Oplional Use Judicial Counc! of California DISC-001 [Rev. January 1, 2008) (c) Each answer must bs as complete and straightforward as the Information reasonably available to you, including the information possessed by your attomeys or agents, permits. If an interrogatory cannot be answered completely, answer it to the extent possible. (d) If you do not have enough persona! knowledge to fully answer an Interrogatory, say so, but make a reasonable and good faith effort to get the information by asking other persons or organizations, unless the information Is equally available to the asking party. (e) Whenever an intstrogatory may be answered by referring to a document, the document may be attached as an axhiblt to the response and referred to in the response, If the document has more than one page, tefer to the page and section where the answer to the interrogatory can be found. {f) Whenever an address and telephone number for the same person are requested In more than one interrogatory, you are required to furnish them in answering only the first ! interrogatory asking for that information. | (9) Ifyou are asserting a privilege or making an objection fo an interrogatory, you must specifically assert the privilege or state the objection in your written response. (h) Your answers to these interrogatories must be verified, dated, and signed. You may wish to use the following form at the end of your answers: | declare under penalty of perjury under the laws of the State of California that the foregoing answers are frue and correct, FORM INTERROGATORIES—GENERAL (DATE) (SIGNATURE) Sec. 4. Definitions : Words in BOLDFACE CAPITALS in these Interrogatories P are defined as follows: : (a) (Check one of the following): [J (1) INCIDENT includes the circumstances and events surrounding the alleged acoident, injury, or other occurrence or breach of contract giving rise to this action or proceeding. Page 1 of § Cade of Civil Procasiurs, §§ 2030,010-2030.410, 2033.710 Wiw.courtinfo.ca.govy (2) INCIDENT means (insert your definition here or on a separate, attached shest labeled "Sec. 4(a)(2)"): The filing and service of this lawsuit by Plaintiffs. {b) YOU OR ANYONE ACTING ON YOUR BEHALF Includes you, your agents, your employees, your Insurance companies, their agents, their employess, your attorneys, your accountants, your investigators, and anyone else acting on your behalf. (c) PERSON Includes a natural person, firm, association, organization, partnership, business, trust, limited liability company, corporation, or public entity, (d) DOCUMENT means a writing, as defined In Evidence Code section 250, and includes the original or a copy of handwriting, typewriting, printing, photostats, photographs, slectronically stored information, and every other means of recording upon any tangible thing and form of communicating or represantation, including letters, words, pictures, sounds, or symbols, or combinations of them. (8) HEALTH CARE PROVIDER Includes any PERSON referred to In Code of Civil Procedure section 667.7(8)(3). (f) ADDRESS means the street address, Including the city, state, and zip code. Sec, 5. Interrogatories The following interrogatories have been approved by the Judicial Council under Code of Civil Procedure section 2033.710: CONTENTS 1.0 Identity of Persons Answering These Interrogatorias 2.0 General Background Information—Individual 3,0 General Background Information—Business Entity 4.0 Insurance 5.0 [Reserved] 6.0 Physical, Mental, or Emotional Injuries 7.0 Property Damage 8.0 Loss of Income or Earning Capacity 8.0 Cther Damages 10.0 Medical History 11.0 Other Claims and Previous Claims 12,0 Investigation—General 13,0 Investigation—Surveillance 14.0 Statutory or Regulatory Violations 15.0 Denlals and Special or Affirmative Defenses 16.0 Defendant's Contentions Personal Injury 17.0 Responses to Request for Admissions 18,0 [Reserved] 19.0 [Reserved] 20.0 How the Incident Cccurred—Motor Vehicle 25.0 [Reserved] 30.0 [Reserved] 40,0 [Reserved] 50.0 Contract 60.0 [Reserved] 70.0 Unlawful Detainer [See separate form DISC-003] 101.0 Economic Litigation [See separate form DISC-004] 200.0 Employment Law [See separate form DISC-002] Family Law [See separate form FL-145] DISC-001 1.0 Identity of Persons Answering These Interrogatories 1.4 State the name, ADDRESS, telephone number, and relationship to you of each PERSON who prepared or assisted in the preparation of the responses to these interrogatories. (Do not identify anyone who simply typed or reproduced the responses.) 2.0 General Background Information—individual [1] 2.1 state: (a) your name; (b) every name you have used in the past; and (c) the dates you used each name, [] 2.2 State the date and place of your birth. [1 2.3 At the time of the INCIDENT, did you have a driver's license? If so state: (a) the state or other issuing entity; (6) the ficense number and type; (c) the date of issuance; and (d) all restrictions. [T] 2.4 Atthe time of the INGIDENT, did you have any other permit or license for the operation of a motor vehicle? If so, state: (a) the state or other issuing entity; {b) the license number and type; (c) the date of issuance; and (d) all restrictions. [1] 2.5 State: (a) your present residence ADDRESS; (b) your residence ADDRESSES for the past five years; and (c) the dates you lived at each ADDRESS. [7] 26 state: (a) the name, ADDRESS, and telephone number of your present employer or place of self-employment; and (b) the name, ADDRESS, dates of employment, job title, and nature of work for each employer or self-employment you have had from five years before the INCIDENT until today, [] 2.7 state: (a) the name and ADDRESS of each school or other academic or vocational Institution you have attended, beginning with high school; (b) the dates you attended; (c) the highest grade level you have completed; and (d} the degrees received. [] 2.8 Have you ever been convicted of a felony? If so, for each conviction state: (a) the city and state where you were convicted; (b) the date of conviction; {c) the offense; and (d) the court and case number, [129 Can you speak English with ease? If not, what language and dlalect da you normally use? [7] 2.10 Can you read and write English with ease? If not, what language and dialect do you normally use? DISC-001 [Rav. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 2 0f 8 J 2.11 Atthe time of the INCIDENT were you acting as an agent or employee for any PERSON? If so, state: (a) the name, ADDRESS, and t{elephone number of that PERSON: and (b) a description of your duties, [] 2.12 At the time of the INCIDENT did you or any other person have any physical, emotional, or mental disability or condition that may have contributed to the occurrence of the INCIDENT? If so, for sach person state: (a) the name, ADDRESS, and telephone number, (b) the nature of the disability or condition; and (c) the manner In which the disability or condition contributed to the occurrence of the INCIDENT, [7] 2.13 Within 24 hours before the INCIDENT did you or any person involved in the INCIDENT use or take any of the following substances: alcoholic beverage, marijuana, of other drug or medication of any kind (prescription or not)? If so, for each person state; (a) the name, ADDRESS, and telephone number; {b) the nature or description of each substance; (c) the quantity of each substance used or taken; (d) the date and time of day when each substance was used or taken; } (e) the ADDRESS where each substance was used or taken; () the name, ADDRESS, and telephone number of each person who was present when each substance was used or taken; and {g) the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER who prescribed of furnished the substance and the condition for which it was prescribed or furnished. 3.0 General Background Information—Business Entity 3,1 Are you a corporation? If so, state: (a) the name stated in the current articles of incorporation; (b) all other names used by the corporation during the past 10 years and the dates each was used; (¢) the date and place of incorporation; {d) the ADDRESS of the principal place of business; and (e) whether you are qualified to do business in California. 3,2 Are you a partnership? If so, state: (2) the current partnership name; (b) all other names used by the partnership during the past 10 years and the dates each was used; (c) whether you are a limited partnership and, if so, under the laws of what jurisdiction; {d) the name and ADDRESS of each general partner; and (e) the ADDRESS of the principal place of business. 3,3 Are you a limited liability company? If so, state: (a) the name stated in the current articles of organization; (b) all other names used by the company during the past 10 years and the date each was used; (0) the date and place of filing of the articles of organization; (d) the ADDRESS of the principal place of business; and (8) whether you are qualified to do business In California, DISC-001 3.4 Are you a joint venture? If so, state; (a) the current joint venture name; (by all other names used by the joint venture during the past 10 years and the dates each was used; (c) the name and ADDRESS of each joint venturer; and (d) the ADDRESS of the principal place of business. 3.5 Are you an unincorporated association? If sq, state: (a) the current unincorporated association name; (b) all other names used by the unincorporated association during the past 10 years and the dates each was used; and ’ (c) the ADDRESS of the principal place of business. 3.6 Have you done business under a fictitious name during the past 10 years? If so, for each fictitious name state! a the name; (b) the dates each was used; (c) the state and county of each fictitious name filing; and {d) the ADDRESS of the principal place of business. 3.7 Within the past five years has any public entity regls- tered or licensed your business? If so, for each license or registration; (a) identify the license or registration; (b) state the name of the public entity; and (c) state the dates of Issuance and expiration. 4.0 Insurance [] 4.1 Atthe time of the INCIDENT, was there in effect any policy of insurance through which you were or might be Insured in any manner {for example, primary, pro-rata, or excess liabllity coverage or medical expense coverage) for the damages, claims, or actions that have arisen out of the INCIDENT? If 0, for each policy state: (a) the kind of coverage; (bj the name and ADDRESS of the insurance company, (c) the name, ADDRESS, and telephone number of each named Insured; (d) the policy number; (8) the limits of coverage for each type of coverage con- tained in the policy, (fH whether any reservation of rights or controversy or coverage dispuite exists between you and the insurance company; and (g) the name, ADDRESS, and telephone number of the custodian of the policy. [] 4.2 Are you self-insured under any statute for the damages, claims, or actions that have arisen out of the INCIDENT? if 50, specify the statute. 5.0 [Reserved] 6,0 Physical, Mental, or Emotional Injuries ] 6.1 Do you attribute any physical, mental, or emotional injuries to the INCIDENT? (If your answer is "nc," do not answer interrogatories 6.2 through 6.7). ] 8,2 identify each injury you attribute to the INCIDENT and the area of your body affected. DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 3 of 8 8.3 Do you still have any complaints that you attribute to the INCIDENT? If so, for each complaint state: (a) a description; . (6) whether the complaint Is subsiding, remaining the same, or becoming worse: and (c) the frequency and duration. [Je4 Did you receive any consultation or examination (except from expert witnesses covered by Code of Civil Procedure sections 2034.210-~2034,310) or treatment from a HEALTH CARE PROVIDER for any injury you atfribute to the INCIDENT? If so, for each HEALTH CARE PROVIDER state (a) the name, ADDRESS, and telephone number, (b) the type of consultation, examination, or treatment provided; {c) the dates you received consultation, examination, or treatment; and (d) the charges to date. 6.5 Have you taken any medication, prescribed or not, as a result of injuries that you atiribute to the INCIDENT? if so, for each medication state: (8) the name; (b) the PERSON who prescribed or furnished It; (c) the date It was prescribed or furnished; {d) the dates you began and stopped taking it; and (e) the cost to date. [186 Are there eny other medical services necessitated by the Injuries that you attribute fo the INCIDENT that were not previously listed (for example, ambulance, nursing, prosthetics)? If so, for each service state (a) the nature; (b) the date; (s} the cost; and {d) the name, ADDRESS, and telephone number of each provider, [J 6.7 Has any HEALTH CARE PROVIDER advised that you may require future or additional treatment for any injuries that you attribute to the INCIDENT? If so, for each Injury state: (a) the name and ADDRESS of each HEALTH CARE PROVIDER; (b) the complaints for which the treatment was advised; and {c) the nature, duration, and estimated cost of the treatment, 7.0 Property Damage 7.1 Do you attribute any loss of or damage to a vehicle or other property to the INCIDENT? if so, for each item of property. (a) describe the property; (b) describe the nature and location of the damage to the property; DISC-001 (c) state the amount of damage you are claiming for sach Iter of property and how the amount was calculated; and (d) if the property was sold, state the name, ADDRESS, and telephone number of the seller, the date of sale, and the sale price. 1 7.2 Has a written estimate or evaluation been made for any jtem of property referred to in your answer to the preceding Interrogatory? If so, for each estimate or evaluation state: (a) the name, ADDRESS, and telephone number of the PERSON who prepared it and the date prepared, (b) the name, ADDRESS, and telephone number of each PERSON who has a copy of it, and (c) the amount of damage stated. 1 7.3 Has any item of property referred to In your answer to Interrogatory 7.1 been repalred? If so, for each item state: {a) the date repaired, {b) a description of the repair; (c) the repair cost; {d) the name, ADDRESS, and telephone number of the PERSON who repalred it; (e) the name, ADDRESS, and telephone number of the PERSON who pald for the repair. 8.0 Loss of Income or Earning Capacity ] 8.1 Do you attribute any loss of income or earning capacity to the INCIDENT? (if your answer is “no,” do not answer interrogatories 8.2 through 8.8). [1 82 state: (a) the nature of your work; {b) your job title at the time of the INCIDENT; and (c) the date your employment began. [] 83 State the last date before the INCIDENT that you worked for compensation, ] 8.4 State your monthly income at the time of the INCIDENT and how the amount was calculated. ] 8.5 State the date you retumed to work at each place of employment following the INCIDENT, [] 8,8 State the dates you did not work and for which you lost income as a result of the INCIDENT, ] 8,7 State the total income you have lost to date as a result of the INCIDENT and how the amount was calculated, [J 88 win you lose Income in the future as a result of the INCIDENT? If 0, state: (a) the facts upon which you base this contention; (b) an estimate of the amount; (c) an estimate of how fong you will be unable to work; and (d) how the claim for future income is calculated. DISC-001 [Rav. January 1, 2008} FORM INTERROGATORIES—GENERAL Page d of 8 i i 1. v i: 9.0 Other Damages [1 91 Are thers any other damages that you attribute to the INCIDENT? If so, for each item of damage state: (a) the nature, (b) the date it occurred; (¢} the amount; and (d) the name, ADDRESS, and telephone number of each PERSON to whom an obligation was Incurred. OJ 8.2 Do any DOCUMENTS support the existence or amount of any item of damages claimed in interrogatory 9.17? If so, describe each document and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 10.0 Medical History [1] 10.1 At any time before the INCIDENT did you have com- plaints cr Injurles that involved the same part of your body claimed to have been Injured in the INCIDENT? If so, for each state: (a) a description of the complaint or injury; (n} the dates it began and ended; and (c) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER whom you consulted or who examined or treated you, J 10.2 List all physical, mental, end emotional disabilities you had immediately before the INCIDENT. (You may omit mental or emotional disabilities unless you affrfbute any mental or emotional injury fo the INCIDENT.) J 10.3 At any time after the INCIDENT, did you sustain injuries of the kind for which you are now claiming damages? If so, for each Incident giving rise fo an Injury state: (a) the date and the place it occurred; (0) the name, ADDRESS, and telephone number of any other PERSON involved; (c) the nature of any injuries you sustained; (d) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER who you consulted or who examined or treated you; and (e) the nature of the treatment and its duration. 11.0 Other Claims and Previous Clalms 1 11.1 Except for this action, in the past 10 years have you fled an action or made a written claim or demand for compensation for your personal injuries? If so, for each action, claim, or demand state: (a) the date, time, and place and location (closest street ADDRESS or intersection) of the INCIDENT giving rise to the action, claim, or demand; (b) the name, ADDRESS, and telephone number of each PERSON against whom the claim or demand was made or the action filed; DISC-001 (c) the court, names of the parties, and case number of any action filed; (d) the name, ADDRESS, and telephone number of any attorney representing you; (8) whether the claim or action has been resolved or is pending; and (f) a description of the Injury. [1] 11.2 In the past 10 years have you made a written claim or demand for workers' compensation benefits? If so, for each claim or demand state: (a) the date, time, and place of the INCIDENT glving rise to the claim; (b) the name, ADDRESS, and telephone number of your employer at the time of the injury; (¢) the name, ADDRESS, and telephone number of the workers’ compensation Insurer and the claim number; (d) the period of time during which you received workers’ compensation benefits; {e) a description of the injury; (f) the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER who provided services; and (9) the case number at the Workers’ Compensation Appeals Board. 12.0 Investigation—General CC] 12.1 State the name, ADDRESS, and telephone number of each individual; {a) who witnessed the INCIDENT or the events oceurring immediately before or after the INCIDENT; (b) who made any statement at the scene of the INCIDENT; (c) who heard any statements made about the INCIDENT by any individual at the scene; and (d) who YOU OR ANYONE ACTING ON YOUR BEHALF claim has knowledge of the INCIDENT (except for expert witnesses covered by Code of Civil Procedure section 2034). 7] 422 Have YOU OR ANYONE ACTING ON YOUR BEHALF interviewed any individual concerning the INCIDENT? If so, for each individual state: (a) the name, ADDRESS, and telephone number of the individual interviewed; (b) the date of the interview; and (c) the name, ADDRESS, and telephone number of the PERSON who conducted the interview. [] 12.3 Have YOU OR ANYONE ACTING ON YOUR BEHALF obtained a written or recorded statement from any individual concerning the INCIDENT? If so, for each statement state! (a) the name, ADDRESS, and telephone number of the individual from whom the statement was obtained; (by the name, ADDRESS, and telephone number of the individual who obtained the statement; {c) the date the statement was obtained; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original statement or a copy. DISC-001 [Rev, January 1, 2008) FORM INTERROGATORIES—GENERAL Page 5 of 8 ] 12.4 Do YOU OR ANYONE ACTING ON YOUR BEHALF know of any photographs, films, or videotapes depicting any place, object, or individual concerning the INCIDENT or plaintiffs injuries? If so, state: {a) the number of photographs or feet of film or videotape; (b) the places, objects, or persons photographed, filmed, or videotaped; (¢) the date the photographs, films, or videotapes were taken; (d) the name, ADDRESS, and telsphone number of the individual taking the photographs, films, or videotapes; and (e) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of the photographs, films, or videotapes. [7] 12.56 Do YOU OR ANYONE AGTING ON YOUR BEHALF know of any diagram, reproduction, or model of any place or thing (except for items developed by expert witnesses covered by Code of Civil Procedure sections 2034.210- 2034,310) concerning the INCIDENT? If so, for gach item state: (a) the type (i.e., diagram, reproduction, or model); (b) the subject matter; and (c) the name, ADDRESS, and telephone number of each PERSON who has it. [] 126 Was a report made by any PERSON concerning the INCIDENT? If so, state: (a) the name, title, identification number, and employer of the PERSON who made the report; (b) the date and type of report made; (c) the name, ADDRESS, and telephone number of the PERSON for whom the report was made; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of the report, [J 12.7 Have YOU OR ANYONE ACTING ON YOUR BEHALF inspected the scene of the INCIDENT? If so, for each inspection state: (a) the name, ADDRESS, and telephone number of the individual making the Inspection (except for expert witnesses covered by Code of Civil Procedure sections 2034,210-2034.310); and {(b) the date of the inspection. 13.0 Investigation—Survelllance [113.1 Have YOU OR ANYONE ACTING ON YOUR BEHALF conducted surveillance of any Individual involved in the INCIDENT or any party to this action? If so, for each sur- velllance state: (a) the name, ADDRESS, and telephone number of the individual or party; (by the time, date, and place of the surveillance; (c) the name, ADDRESS, and telephone number of the individual who conducted the surveillance; and {d) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of any surveillance photograph, fim, or videotape. DISC-001 J] 13,2 Has a written report been prepared on the surveillance? If so, for each written report state: (a) the title; (b) the date; {c) the name, ADDRESS, and telephone number of the individual who prepared the report; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy. 14.0 Statutory or Regulatory Violations ] 14.1 Do YOU OR ANYONE ACTING ON YOUR BEHALF contend that any PERSON involved in the INCIDENT violated any statute, ordinance, or regulation and that the violation was a legal (proximate) cause of the INCIDENT? If 80, identify the name, ADDRESS, and telephone number of each PERSON and the statute, ordinance, or regulation that was violated. : [T1142 Was any PERSON cited or charged with a violation of any statute, ordinance, or regulation as a result of this INCIDENT? If so, for each PERSON state: (a) the name, ADDRESS, and telephone number of the PERSON; (b) the statute, ordinance, or regulation allegedly violated; (c) whether the PERSON entered a plea in response to the citation or charge and, if so, the plea entered; and (d) the name and ADDRESS of the court or administrative agency, names of the parties, and case number. 15.0 Denlals and Special or Affirmative Defenses 15,1 Identify each denial of a material allegation and each special or affirmative defense in your pleadings and for each: (a) state all facts upon which you base the denial or special or affirmative defense; (b) state the names, ADDRESSES, and telephone numbers of all PERSONS wha have knowledge of those facts; and (c} Identify all DOCUMENTS and other tangible things that support your denial or special or affirmative defense, and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 16.0 Defendant's Contentions—~Personal Injury 186.1 Do you contend that any PERSON, other than you or plaintiff, contributed to the occurrence of the INCIDENT or the injuries or damages claimed by plaintiff? If so, for each PERSON: (a) state the name, ADDRESS, and telsphone number of the PERSON; {b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) Identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. C1182 Do you contend that plaintiff was not injured in the INCIDENT? If so: (a) state all facts upon which you base your contention; (b) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (c) Identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. DISC-001 [Rev, January 1, 2008) FORM INTERROGATORIES—GENERAL Page d of 8 C1163 Do you contend that the injuries or the extent of the Injuries claimed by plaintiff as disclosed in discovery proceedings thus far in this case were not caused by the INCIDENT? If so, for each injury: (a) Identify it; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify ali DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. ] 16.4 Do you contend that any of the services furnished by any HEALTH GARE PROVIDER claimed by plaintiff in discovery proceedings thus far ih this case were not due fo the INCIDENT? if so: (a) Identify each service; (b) state all facts Upon which you base your contention; (c) state the names, ADDRESSES, and telephons numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. 1 18.6 Do you contend that any of the costs of services furnished by any HEALTH CARE PROVIDER claimed as damages by plaintiff in discovery proceedings thus far in this case were not necessary or unreasonable? If so: (a) identify each cost; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. [] 16.8 Do you contend that any part of the loss of earnings or income claimed by plaintiff In discovery proceedings thus far in his case was unreasonable or was not caused by the INCIDENT? If so: {a) idenilfy each part of the loss; (b) state all facts upon which you base your contention; (0) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) Identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. Csr Do you contend that any of the property damage claimed by plaintiff in discovery Proceedings thus far In this case was not caused by the INCIDENT? If so: (a) identify each item of property damage; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone humber of the PERSON who has each DOCUMENT or thing. DISC-001 Ll 16.8 Do you contend that any of the costs of repairing the property damage claimed by plaintiff In discovery proceedings thus far In this case were unreasonable? If so: (a) identify each cost item; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) Identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. [116.2 Do YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT (for example, insurance bureau index reports) concerning claims for personal injuries made befere or after the INCIDENT by a plaintiff in this case? If so, for each plaintiff state: (a) the source of each DOCUMENT; (b) the date each claim arose; (c) the nature of each claim; and (d) the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. [] 16.10 Do YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT concerning the past or present physical, mental, or emotional condition of any plaintiff In this case from a HEALTH CARE PROVIDER not previously Identified (except for expert witnesses covered by Code of Civil Procedure sections 2034,210-2034.310)7 If so, for each plaintiff state: (a) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER; (b) a description of each DOCUMENT; and (c) the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT, 17.0 Responses to Request for Admissions [] 17.1 Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that Is not an unqualified admission: (a) state the number of the request; (b) state ali facts upon which you base your response; (0) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (d) identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. 18.0 [Reserved] 19.0 [Reserved] 20.0 How the Incident Occurred—Motor Vehicle [1201 State the date, time, and place of the INCIDENT (closest street ADDRESS or intersection). []20.2 For each vehicle involved in the INCIDENT, state: (a) the year, make, model, and license number; (b) the name, ADDRESS, and telephone number of the driver; DISC-001 {Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page7 of 8 (c) the name, ADDRESS, and telephone number of each occupant other than the driver; (d) the name, ADDRESS, and telephone number of each registered owner, (e) the name, ADDRESS, and telephone number of each lessee; (f) the name, ADDRESS, and telephone number of each owner other than the registered owner or lien holder, and (9) the name of each owner who gave permission or consent to the driver to operate the vehicle, []203 state the ADDRESS and location where your trip began and the ADDRESS and location of your destination, [120.4 Describe the route that you followed from the beginning of your trip to the location of the INCIDENT, and state the location of each stop, other than routine traffic stops, during the trip leading up to the INCIDENT, J 20.5 State the name of the street or roadway, the lane of travel, and the direction of travel of each vehicle Involved in the INCIDENT for the 500 feet of travel before the INCIDENT, [120.6 Did the INCIDENT occur at an Intersection? If so, describe all traffic control devices, signals, or signs at the intersection, ] 20,7 Was there a traffic signal facing you at the time of the INCIDENT? If so, state: (a) your location when you first saw It; {b) the color, (c) the number of seconds it had been that color; and (d) whether the color changed between the time you first saw it and the INCIDENT. i 20.8 State how the INCIDENT occurred, giving the speed, direction, and location of each vehicle (nvolved: (8) just before the INCIDENT; (b) at the time of the INCIDENT; and (c) just after the INCIDENT. I! 20.9 Do you have Information that a malfunction or defect In a vehicle caused the INCIDENT? If so: {a) Identify the vehicle; (b) identify each malfunction or defect; (c) state the name, ADDRESS, and telephone number of sach PERSON who is a witness to or has information about each malfunction or defect; and (d) state the name, ADDRESS, and telephone number of each PERSON who has custody of each defective part, [120.10 Do you have information that any malfunction or defect in a vehicle contributed to the injuries sustained in the INCIDENT? if so; (a) identify the vehicle; (b) identify each malfunction or defect; (c) state the name, ADDRESS, and telephone number of each PERSON who is a witness to or has information about sach malfunction or defect; and DISC-0M1 (d) state the name, ADDRESS, and telephone number of sach PERSON who has custody of each defective part. [1] 20.11 State the name, ADDRESS, and telephone number of each owner and each PERSON who has had possession since the INCIDENT of each vehicle Involved In the INCIDENT. - 25.0 [Ressrved] 30.0 [Reserved] 40,0 [Reserved] 50.0 Contract 1 50.1 For each agreement alleged in the pleadings: (a) identify each DOCUMENT that is part of the agreement and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT; (b) state each part of the agreement not in writing, the name, ADDRESS, and telephone number of each PERSON agreeing to that provision, and the date that part of the agreement was made; (c) identify all DOCUMENTS that evidence any par of the agreement not In writing and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT; identify all DOCUMENTS that are part of any modification to the agreement, and for each stafe the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT; state each modification not in writing, the date, and the name, ADDRESS, and telephone number of each PERSON agreeing to the modification, and the date the modification was made; (f) identify all DOCUMENTS that evidence any modification of the agreement not in writing and for each state the name, ADDRESS, and telsphone number of each PERSON who has the DOCUMENT, — oo ~ ~ (6 ~— 1] 50.2 Was thers a breach of any agreement alleged in the pleadings? If so, for each breach describe and give the date of every act or omission that you claim is the breach of the agreement. [] 50.3 Was performance of any agreement alleged In the pleadings excused? If so, identify each agreement excused and state why performance was excused, rl 50.4 Was any agreement alleged in the pleadings terminated by mutual agreement, release, accord and satisfaction, or novation? If so, identify each agreement terminated, the date of termination, and the basis of the termination. ] 50.5 Is any agreement alleged in the pleadings unenforce- able? If so, identify each unenforceable agreement and state why it is unenforceable. ] 50.6 Is any agreement alleged In the pleadings ambiguous? If so, identify each ambiguous agreement and state why It 1s ambiguous, 80.0 [Reserved] DISC-001 [Rev. January 1, 2008} FORM INTERROGATORIES—GENERAL Pag e Bol 8 PROOF OF SERVICE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. Tam over the age of 18 and not a party to the within action. My business address is 3777 North Harbor Boulevard, Fullert on, California 92835. On October 24, 2016, I served the foregoing document described as FORM INTERROGATORIES PROPOUNDED ON NEW HARBOR INN [SET ONE] on each interested party listed on the attached service list as follows: XxX (VIA MAIL) I placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with Jones & Mayer’s practice for collection and processing of correspondence for mailing with the United States Postal Service, Under that practice, it would be deposited with the United States Postal Service on that same day with postage thereon fully prepaid at La Habra, California, in the ordinary coutse of business. I am aware that on motion of the parties served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing affidavit. (VIA OVERNIGHT DELIVERY) I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to each interested party. I placed the envelope or package fot collection and overnight delivery in the overnight delivery carrier depository at Fullerton, California to ensure next day delivery, (VIA FACSIMILE) Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed for each interested party. No error was reported by the fax machine that I used, A copy of the record of the fax transmission, which I printed out, is attached. (VIA EMAIL) Based on a court order ot an agreement of the parties to accept electronic service, I caused the documents to be sent to each interested party at the electronic service addresses listed, I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, Executed on October 24, 2016, at Fullerton, California, KK en a Kate Becelry’ PROOF OF SERVICE LIST Counsel for Defendants, Ming Cheng Chen and Hsiange Chu Shih Chen dba New Harbor Inn Frank A, Weiser Attorney at Law 3460 Wilshire Blvd., Suite 1212 Los Angeles, CA 90010 Telephone: 213-384-6964 Fax: 273-383-7368 Email: maimons@aol.com EXHIBIT D J&M JONES & MAYER ATTORNEYS AT LAW 3777 NORTH HARBOR BOULEVARD * FULLERTON, CALIFORNIA 92835 (714) 446-1400 o (562) 697-1751 ® FAX (714) 446.1448 Richard D. Jones*® Associates Kathys M, Tirlik Harold W, Potter Of Counse Paitners Monica Choi Arredondo Crystal V. Hodgson Tarquin Proziosi Michael R, Capizzi Martin J. Mayer Melissa M. Ballard Krista MacNevin Jee Caurie A, Raven Harold DeGraw Kimberly Hall Barlow Jawaar Boyd-Weatherby Ryan R, Jones Brittany E, Robetlo David R. Demurjian James R, Touchstone Baron J, Befterhaussu Gary S, Kranker Denise L. Rocawich Deborah Pernice-Knefel Thomas P, Duarte Paul R, Coble Bruce A, Lindsay Yolanda M, Summerhill Dean J, Pucci Richard L, Adams IF Keith F, Collins Adrienne Mendoza Ivy M, Tsai Steven N. Skolnlk Christian L. Beftenhausen Michael Q. Do Gregory P. Palmer Carinen Vasquez Peter EB, Tracy Scott E, Porter *a Professional Law Consultant Corporation Mervin D, Feinstein December 6, 2016 VIA EMAIL and U.S. POST Frank A. Weiser, Esq. 3460 Wilshire Boulevard, Suite 1212 Los Angeles, California 90010 Re: City of Costa Mesa, et al. v. New Harbor Inn, et al. OCSC case no, 30-2016-00848149-CU-OR-CIC Subject: Tardy Discovery Responses Dear Mr, Weiser: We write to request that you provide responses to the form interrogatories, special interrogatories set no. one to New Harbor Inn, Ming Cheng Chen and Hsiange Chu Shih Chen and to the requests for production set no, one to New Harbor Inn, Ming Cheng Chen and Hsiange Chu Shih Chen, ‘This discovery was propounded by mail on October 24, 2016, making the responses all due on November 28, 2016 in the absence of an agreed extension. A review of our file fails to reveal that an extension of the time to respond has been granted to any of your clients mentioned above for the foregoing discovery. As such, responses to all of this discovery are presently overdue, In order to avoid motions to compel responses, we ask that you provide responses to the above- mentioned discovery on behalf of each of your clients within ten days of the date of this letter, Of course, as no timely responses have been made, any objections to the foregoing discovery have been waived. Hence, responses should consist only of responses with no objections to the pending discovery. Frank A. Weiser, Esq. December 6, 2016 Page 2 5 a . ‘ ‘a ‘ Thatik you for yotir atteption to this and we look forward fo receiving your clients’ responses to e City/s pefiding discovery. a ; SF ouchstone, Esq. Dean J/Pucci, Esq. Jamagdr M, Boyd-Weatherby, Esq. Mary Kate Becerra From; Sent: To: Cc: Subject: Attachments: Original to follow via U.S. Mail Lois Moy Paralegal Receivership Administrator Law Offices of Jones & Mayer 3777 North Harbor Boulevard Fullerton, CA 92835 Telephone: (714) 446-1400 Facsimile: (714) 446-1448 lois@jones-mayer.com Lois Moy Tuesday, December 06, 2016 5:26 PM 'maimons@aol.com’ Bruce A. Lindsay; James R. Touchstone; Dean J. Pucci; Jamaar Boyd-Weatherby City of Costa Mesa, et al. vs. New Harbor Inn, et al. 2205 Harbor Blvd. - Meet & Confer Ltr - Frank Weiser.pdf PROOF OF SERVICE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. Iam over the age of 18 and not a party to the within action. My business address is 3777 North Harbor Boulevard, Fullerton, California 92835, On December 15, 2016, I served the foregoing document described as: CITY OF COSTA MESA’S MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES, SET ONE, TO DEFENDANTS MING CHENG CHEN, HSIANGE CHU SHIH CHEN AND NEW HARBOR INN; REQUEST FOR SANCTIONS on each interested party listed on the attached service list as follows: (VIA FIRST CLASS U.S. MAIL) I placed the envelope for collection and mailing, following our ordinary business practices. 1 am readily familiar with Jones & Mayer's practice for collection and processing of correspondence for mailing with the United States Postal Service, Under that practice, it would be deposited with the United States Postal Service on that same day with postage thereon fully prepaid at La Habra, California, in the ordinary course of business. I am aware that on motion of the parties served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing affidavit. (VIA OVERNIGHT DELIVERY) I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to each interested party. I placed the envelope or package for collection and overnight delivery in the overnight delivery carrier depository at Fullerton, California to ensure next day delivery. (VIA FACSIMILE) Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed for each interested party. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. (VIA EMAIL) Based on a court order or an agreement of the parties to accept electronic service, I caused the documents to be sent to each interested party at the electronic service addresses listed. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on December 15, 2016, at Fullerton, California. Kate BKpeio Kate Becefra ( PROOF OF SERVICE LIST Counsel for Defendants, Ming Cheng Chen and Hsiange Chu Shih Chen dba New Harbor Inn Frank A. Weiser Attorney at Law 3460 Wilshire Blvd., Suite 1212 Los Angeles, CA 90010 Telephone: 213-384-6964 Fax: 273-383-7368 Email: maimons@aol.com
