Robert P. Goedhals vs. Garden Grove Hospital Medical Center

Motion to Compel Answers to Interrogatories

Cal. Super. - 4th Dist.November 29, 2016

S S O O 0 N N 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TONY A. DISCOE, CBN 125973 ALPHONSIE NELSON, CBN 217494 LAW OFFICES BASSETT, DISCOE, McMAINS & KARGOZAR 1551 North Tustin Avenue, Suite 900 Santa Ana, CA 92705 Telephone: (714) 542-5400; Fax: (714) 972-2594 Attorneys for Defendants, SOUTH COAST EMERGENCY MEDICAL GROUP, INC., and JONATHAN BIRNBAUM, M.D. SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER ROBERT P. GOEDHALS and PETER JAMES) GOEDHALS, Plaintiffs, VS. N r S e ’ N r N e a N e ” GARDEN GROVE HOSPITAL MEDICAL) CENTER; WEST ANAHEIM MEDICAL) CENTER; HARPREET SINGH, M.D.;) JONATHAN BIRNBAUM, M.D.; SOUTH) COAST EMERGENCY MEDICAL GROUP,) INC.; PRIME HEALTHCARE MANAGEMENT),) INC.; TRUE LUU McMAHAN, M.D.; CURTIS) CONVERSE, D.O.; HASSAN MOHAMED) ALKHOULI, M.D.; and DOES 1 through 100,) inclusive, Defendants. N r ’ S e ’ S a ’ N e ” CASE NO. 30-2016-00889390-CU-MM-CIC JUDGE GREGORY H. LEWIS DEPT. C26 NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS’, RESPONSES TO FORM INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $504.00 AGAINST PLAINTIFF ROBERT GOEDHALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] DATE: March 12,2018 TIME: 10:30 a.m. RESERVATION NO. 511852888 Date Complaint Filed: 11/29/2016 Trial Date: 4/2/2018 TO ALL PARTIES HEREIN AND THEIR RESPECTIVE ATTORNEYS OF RECORD: PLEASE TAKE NOTICE thaton 3/12/18 at 10:30 a.m. in Department C26, ofthe above-entitled Court located at 700 W Civic Center Dr., Santa Ana, CA, 92701, or as soon thereafter as the matter maybe heard, defendant SOUTH COAST EMERGENCY MEDICAL GROUP, INC. will and hereby doesmove this Court for an Order compelling plaintiff, ROBERT GOEDHALS,to respond, without1NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS’, RESPONSES TO FORMINTERROGATORIES, SET ONE, AND REQUEST FOR MONETARYSANCTIONS IN THE AMOUNT OF $504.00 AGAINSTPLAINTIFF ROBERT GOEDHALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATIONOF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] O O 0 3 O O w n A W N 0 N A N L n R A W N = O O ® N A L — ~ O O objections, to Form Interrogatories, Set One, propounded by defendant. Defendant will and hereby further moves the Court for an order awarding monetary sanctions as against ROBERT GOEDHALS pursuant to Code ofCivil Procedure sections 2030.290(c), 2023.030(a) and 2023.010(d) in the amount of $504.00 necessitated by the preparation of this motion and attendance at the hearing on this motion. The motion is made pursuant to Code of Civil Procedure sections 2030.010(a) and 2030.290(a)(b) upon the grounds that plaintiff has failed to respond to properly served Form Interrogatories, Set One, and that the form interrogatoriesare relevantto the subject matter ofthis action and do not concern privileged matters. This motion is based upon this notice of motion, the attached exhibits to this motion, the memorandum of points and authorities, the declaration of Geoffrey Kraemer, Esq. and all pleadings, records and files in this action together with such other evidence as may be presented at hearing on this motion. Dated: October |, 2017 BASSETT, DISCOE,McMAINS & KARGOZAR JB // { /ui | / / TONY A. DISCOE ALPHONSIE NELSON Attorneys for Defendants, SOUTH COAST EMERGENCY MEDICAL GROUP, INC., and JONATHAN BIRNBAUM, M.D. By:/( 2 NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS’, RESPONSES TO FORM INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARYSANCTIONS IN THE AMOUNT OF $504.00 AGAINST PLAINTIFF ROBERT GOEDHALS; MEMORANDUMOF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] SO S O O 0 N N n n B s W N N N N N N N N N N N N m m e e e m e e e m e m e e e a e e 0 N N n n B A W N N D = O 0 0 N N Y Y B R E W MEMORANDUM OF POINTS AND AUTHORITIES 1. INTRODUCTION Plaintiff, Robert Goedhals,has alleged claims ofmedical negligence and wrongful death against South Coast Emergency Medical Group, Inc., as a result ofthe care Jonathan Birnbaum, M.D. provided to Mr. Goedhals’ wife, Carol Goedhals, at West Anaheim Medical Center on December 3,2015. Robert Goedhalshas failed to respond to Form Interrogatories, Set One, propounded by South Coast Emergency Medical Group, Inc. Accordingly, South Coast Emergency Medical Group, Inc. now brings this motion to compel Mr. Goedhals’ responses, and seekssanctions against Mr. Goedhals in the amount of$XXX. 2s STATEMENT OF FACTS On or about May 9, 2017, South Coast Emergency Medical Group, Inc. served on Robert Goedhals Form Interrogatories, Set One. Two interrogatories were propounded on Mr. Goedhals; Form Interrogatories 1.1 and 17.1. Robert Goedhals’ responses were due on or about June 8, 2017. However, at the request of plaintiff's counsel, and as a professional courtesy, an extension ofthe time to respond to the interrogatories was provided to Robert Goedhals by South Coast Emergency Medical Group, Inc. Asa result of the extension, Mr. Goedhals’ responses were due on June 22, 2017. The date came and went, and no responses were provided by plaintiff. An Attempt was made by South Coast Emergency Medical Group, Inc. to meet and confer with plaintiffto request verified responses without objections and to inform Mr. Goedhals that his responses were overdue. However, despite these efforts, South Coast Emergency Medical Group, Inc. was unable to obtain Mr. Goedhals’ responses. As ofthe time ofthe filing of this motion, Robert Goedhals has not served responses to South Coast Emergency Medical Group, Inc.’s Form Interrogatories, Set One. As of the time of the filing of this motion, Robert Goedhals has not communicated to counsel for South Coast Emergency Medical Group, Inc. any intent to provide responses to its Form Interrogatories, Set One. 11 1 11 3 NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS’, RESPONSES TO FORM INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $504.00 AGAINST PLAINTIFF ROBERT GOEDHALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] B H L N O S O O 0 d O N W n 11 12 13 14 15 16 | 18 19 20 21 22 23 24 25 26 27 28 3. THE COURT HAS THE POWER TO COMPEL A RESPONSE TO FORM INTERROGATORIES, SET ONE A response to interrogatories propounded pursuant to Code ofCivil Procedure section 2030.010 et seq. is due within thirty (30) days after service ofthe interrogatories, or on a later date if so specified in the request. (Code Civ. Proc. § 2030.260, subd. (a).) Defendant served Form Interrogatories, Set One on plaintiff as allowed pursuant to Code ofCivil Procedure section 2030.010. A party who fails to serve a timely response to interrogatories waives any objections, including those based upon privilege and work product. (Code Civ. Proc. § 2030.290, subd. (a).) Plaintiff has failed to respond to defendant’s Form Interrogatories, Set One, that were served on May 9, 2017. Despite defense counsel’s meet and confer efforts, plaintiff has failed to provide the responsesto the aforementioned item ofwritten discovery necessitating the preparation and filing ofthis motion. Pursuant to California Code of Civil Procedure §2030.290(b) the party propounding the interrogatories may move for an order compelling response to the interrogatories. 4. SANCTIONS ARE MANDATORYWHERE A PARTY FAILS TO RESPONDTO DISCOVERY Monetary sanctions are warranted against plaintiffpursuant to Code ofCivil Procedure sections 2030.290(c), 2023.010(d) and 2023.030(a). When a party fails respond to interrogatories, the imposition of sanctions is mandatory, unless the court finds that the responding party acted with substantial justification or other circumstances would render the sanction unjust. (Code Civ. Proc. § 2030.290, subd. (¢).) In addition, monetary sanctions may be imposed against a party for misusing the discovery process pursuant to Code ofCivil Procedure section 2023.030(a). Failing to submit to an authorized form of discovery, such as form interrogatories, constitutes a misuse ofthe discovery process. (Code Civ. Proc. §§ 2019.010, subd. (b) and 2023.020, subd. (d).) Here, Robert Goedhals hasfailed to respond to the aforementioned item of written discovery. Additionally, Mr. Goedhals has failed to communicate, despite defense counsel’s efforts to meet and confer, any intention to respond to the aforementioned item ofwritten discovery. Therefore, defendant requests monetary sanctions be awarded in favor of defendant, and against plaintiff in the amount of $504.00. 4 NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS’, RESPONSES TO FORM INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $504.00 AGAINST PLAINTIFF ROBERT GOEDHALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] O S O O 0 N N L n BR E W N = N O N N N N N R N N N m m m e m e m e e e m e m e s e s 0 N N O N U n R A W D = O 0 N Y B R E W N D Please see the declaration of Geoffrey Kraemer regarding the request for sanctions award. Counsel for defendant has spent one and four tenths hours preparing this motion and anticipates spending an additional one hour in traveling to and attending the hearing of this motion. Defense counsel’s office charges $185.00 per hour for time spent on thisfile. In addition,a filing fee of $60.00 has been incurred. 4. CONCLUSION Defendant respectfully requests the court order Robert Goedhals to provide verified responses, without objections, to Form Interrogatories, Set One. Defendant also requests the court impose monetary sanctions against Mr. Goedhals in the amount of $504.00 based upon his misuse of the discovery process. Dated: October [+ , 2017 BASSETT, DISCOE,MeMIAINS & KARGOZAR / ir J By: J TONY A.D E ALPHONSIE NELSON Attorneys for Defendants, SOUTH COAST EMERGENCY MEDICAL GROUP, INC, and JONATHAN BIRNBAUM, M.D. 5 NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS’, RESPONSES TO FORM INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNTOF 8504.00 AGAINST PLAINTIFF ROBERT GOEDHALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] © O O 0 N N W n B s 11 13 14 15 16 17 18 19 20 21 22 ad 24 23 26 27 28 DECLARATION OF GEOFFREY KRAEMER I, GEOFFREY KRAEMER,declare and state as follows: 1, I am an attorney duly licensed to practice law before all the courts of the State of California. Iam an associate ofthe law firm Bassett, Discoe, McMains & Kargozar,attorneys ofrecord herein for Defendant SOUTH COAST EMERGENCY MEDICAL GROUP, INC. (hereinafter “SCEMG™)in this matter. This declaration is based upon my own personal knowledge, exceptfor those matters based upon information and belief and, as to those matters, I believe them to be true. If called to testify to the same I could and would do so competently. 2. Attached hereto as Exhibit “A”is a true and correct copy of Form Interrogatories, Set One, that was served on plaintiff, Robert Goedhals, on or about May 9, 2017. 5 Our offices never received any objection from Mr. Goedhals regarding the Form Interrogatories, Set One. 4. After the due date for Form Interrogatories, Set One passed, a meet and conferletter was sent to Mr. Goedhals® attorney of record, Bruce M. Bunch, requesting verified responses, without objections, within ten days. The meet and conferletteris attached hereto as Exhibit “B.” 5; Mr. Goedhals responded to SCEMG’s Request for Admissions, Set One with responses that require clarification under Form Interrogatory 17.1. Request for Admissions, Set One propounded by SCEMGis attached hereto as Exhibit “C.” Robert Goedhals’ responses to SCEMG’s Request for Admissions, Set Oneis attached hereto as Exhibit “D.” 6. Asaresult ofMr. Goedhals’ failure to provide responses to Form Interrogatories, Set One this office has incurred unnecessary attorney’s fees and costs, included the preparation and hearing of this motion. 7. I spent 1.4 hours preparing this motion, and our offices paid $60.00 for the filing fee. 8. Furthermore, I anticipate spending one hour traveling to/from and appearing for the hearing on this motion. 11 1 6 NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS’, RESPONSES TO FORM INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $504.00 AGAINST PLAINTIFF ROBERT GOEDHALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] S S O O 0 N N N n n B A W N 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 9. The total amount SCEMG will incuras a result of Mr. Goedhals’ failure to respond to Form Interrogatories, Set One is $504.00. I declare under penalty of perjury under the laws ofthe State of California that the foregoing is true and correct. Executed this 1 day of October 2017, at Santa Ana, California. raloo Br Geoffrey Kraemer 7 NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS’, RESPONSES TO FORM INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $504.00 AGAINST PLAINTIFF ROBERT GOEDHALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] S O O O 0 N N n n B A L I N N O N N N N N N N N = e e e e e e e m e e e e e e e e 0 N N O O w n hR A W D = O O N Y N R E W L PROOF OF SERVICE STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) [ am employed in the County of Orange, State of California. Iam over 18 years of age, and not a party to the within action; my business address is 1551 North Tustin Avenue, Suite 900, Santa Ana, California 92705. On the date below,I served the following document(s): NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS?, RESPONSES TO FORM INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $504.00 AGAINST PLAINTIFF ROBERT GOEDHALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] on the interested parties in this action on the attached Service List. “X_ BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the persons at the addresseslisted above and placed the envelope for collection and mailing, with postage thereon fully prepaid, following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited with the United States Postal Service in the ordinary course of business. 1am employed in the county where the mailing occurred. The envelope or package was placed in the mail at Santa Ana, California. BY FAX TRANSMISSION:I faxed the documents to the personsat the fax numbers listed above. No error wasreported by the fax machine that [ used. A copy ofthe record of the fax transmission, which I printed out,is attached. BY OVERNIGHT DELIVERY:I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the personslisted above. I placed the envelope or package for collection and overnight delivery at an office or a regularly-utilized drop box of the overnight delivery carrier. I declare under penalty of perjury, pursuant to the laws of the State of California that the foregoing is true and correct, and that this proof of service was executed on October _j ,2017, at Santa Ana, California. ! 8 Re: Goedhals v. Garden Grove File No. 43-0119 101617. MTC Form Rogs Set One SCEMG To Robert G.wpd 8 NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS’, RESPONSES TO FORM INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF 8504.00 AGAINST PLAINTIFF ROBERT GOEDHALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] = w n O S O O 0 N N O N W n 11 12 13 14 15 16 1 18 19 20 21 22 23 24 25 26 at 28 Service List Goehdals v. Garden Grove OCSC Case No. 2016-00889390 File No. 43-0119 Bruce M. Bunch, Esq. LAW OFFICES OF BRUCE M. BUNCH 200 N. Westlake Blvd., Ste. 204 Westlake Village, CA 91362 818-707-8887; fax 818-707-8884 Douglas A. Amo, Esq. Frederick James, Esq. SCHMID & VOILES 333 City Blvd. W., Ste. 720 Orange, CA 92868 714-940-5555; fax 714-940-5594 Matthew N. Trotter, Esq. CARROLL, KELLY, TROTTER, FRAZEN, McKENNA & PEABODY P.O. Box 22636 Long Beach, CA 90801-5636 562-432-5855; fax 562-432-8785 Physical address: 111 W. Ocean Blvd., 14th Flr. Long Beach, CA 90801-5636 Attorneys for Plaintiffs Attorneys for Defendant, Harpreet Singh, M.D. Attorneys for Defendants, Prime Healthcare Services - Anaheim, LLC dba West Anaheim Medical Center; Prime Healthcare Services - Garden Grove, LLC dba Garden Grove Hospital Medical Center; and Hassan Mohamed Alkhouli, M.D. 9 NOTICE OF MOTION AND MOTION TO COMPEL PLAINTIFF, ROBERT GOEDHALS’, RESPONSES TO FORM INTERROGATORIES, SET ONE, AND REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $504.00 AGAINST PLAINTIFF ROBERT GOEDHALS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF GEOFFREY KRAEMER IN SUPPORT THEREOF; [PROPOSED ORDER] Exhibit "A" DISC-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address) Alphonsie Nelson, Esq. | Bassett, Discoe, McMains & Kargozar 1551 N. Tustin Ave., Ste. 900 Santa Ana, CA 92705 TELEPHONE NO.. 714-542-5400 FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): South Coast Emergency Medicine Group, Inc., Jonathan Birnbaum, M.D. SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE CENTRAL JUSTICE CENTER SHORT TITLE OF CASE: GOEDHALS v. GARDEN GROVE HOSPITAL Set No.: ONE FORM INTERROGATORIES—GENERALAsking Party: Defendant, SO. COAST EMERG. MED. GRP, INC.Answering Party: Plaintiff, ROBERT P. GOEDHALS CASE NUMBER:2016-00889390 Sec. 1. Instructions to All Parties (a) Interrogatories are written questions prepared by a party to an action that are sent to any other party in the action to be answered under oath. The interrogatories below are form interrogatories approved for use in civil cases. (b) For time limitations, requirements for service on other parties, and other details, see Code of Civil Procedure sections 2030.010-2030.410 and the cases construing those sections. (c) These form interrogatories do not change existing law relating to interrogatories nor do they affect an answering party's right to assert any privilege or make any objection. Sec. 2. Instructions to the Asking Party (a) These interrogatories are designed for optional use by parties in unlimited civil cases where the amount demanded exceeds $25,000. Separate interrogatories, Form Interrogatories—Limited Civil Cases (Economic Litigation) (form DISC-004), which have no subparts, are designed for use in limited civil cases where the amount demanded is $25,000 orless; 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 carein choosing those interrogatories that are applicable to the case. (c) You may insert your own definition of INCIDENT in Section 4, but only where the action arises from a course of conduct or a series of events occurring over a period of time. (d) The interrogatories in section 16.0, Defendant's Contentions—PersonalInjury, should not be used until the defendant has had a reasonable opportunity to conduct an investigation or discovery of plaintiff's injuries and damages. (e) Additional interrogatories may be attached. Sec. 3. Instructions to the Answering Party (@) An answeror other appropriate response must be given to each interrogatory checked by the asking party. (b) As a general rule, within 30 daysafter you are served with these interrogatories, you must serve your responses on the asking party and serve copies of your responses on all other parties to the action who have appeared. See Code of Civil Procedure sections 2030.260-2030.270 for details. Form Approved for Optional Use Judicial Council of California DISC-001 [Rev. January 1, 2008] (c) Each answer must be as complete and straightforward as the information reasonably available to you, including the information possessed by your attorneys or agents, permits. If an interrogatory cannot be answered completely, answerit to the extent possible. (d) If you do not have enough personal knowledge to fully answeran interrogatory, say so, but make a reasonable and good faith effort to get the information by asking other persons or organizations, unless the information is equally available to the asking party. (e) Whenever an interrogatory may be answered by referring to a document, the document may be attached as an exhibit to the response and referred to in the response. If the document has more than one page, refer to the page and section where the answer to the interrogatory can be found. (f) Whenever an address and telephone number for the same person are requested in more than one interrogatory, you are required to furnish them in answering only the first interrogatory asking for that information. (9) If you are asserting a privilege or making an objection to an interrogatory, you must specifically assert the privilege or state the objection in your written response. (h) Your answers to these interrogatories must be verified, dated, and signed. You may wish to use the following form at the end of your answers: | declare under penalty of perjury under the laws of the State of California that the foregoing answers are true and correct. FORM INTERROGATORIES—GENERAL (DATE) (SIGNATURE) Sec. 4. Definitions Words in BOLDFACE CAPITALS in these interrogatories are defined as follows: (a) (Check one of the following): (1) INCIDENTincludes the circumstances and events surrounding the alleged accident, injury, or other occurrence or breach of contract giving rise to this action or proceeding. Page 1 of 8 Code of Civil Procedure, §§ 2030.010-2030.410, 2033.710 www.courtinfo.ca.gov “her ] (2) INCIDENT means (insert your definition here or on a separate, attached sheet labeled “Sec. 4(@)(2)"): (b) YOU OR ANYONE ACTING ON YOUR BEHALF includes you, your agents, your employees, yourinsurance companies, their agents, their employees, your attorneys, your accountants, your investigators, and anyone else acting on your behalf. (c) PERSON includes a natural person,firm, association, organization, partnership, business, trust, limited liability company, corporation, or public entity. (d) DOCUMENT means a writing, as defined in Evidence Code section 250, and includes the original or a copy of handwriting, typewriting, printing, photostats, photographs, electronically stored information, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them. (e) HEALTH CARE PROVIDERincludes any PERSON referred to in Code of Civil Procedure section 667.7(e)(3). () ADDRESS means the street address, including the city, state, and zip code. Sec. 5. Interrogatories The following interrogatories have been approved by the Judicial Council under Code of Civil Procedure section 2033.710: CONTENTS 1.0 Identity of Persons Answering These Interrogatories 2.0 General Background Information—Individual 3.0 General Background Information—Business Entity 4.0 Insurance 5.0 [Reserved] 6.0 Physical, Mental, or EmotionalInjuries 7.0 Property Damage 8.0 Loss of Income or Earning Capacity 9.0 Other Damages 10.0 Medical History 11.0 Other Claims and Previous Claims 12.0 Investigation—General 13.0 Investigation—Surveillance 14.0 Statutory or Regulatory Violations 15.0 Denials and Special or Affirmative Defenses 16.0 Defendant's Contentions Personal Injury 17.0 Responses to Request for Admissions 18.0 [Reserved] 19.0 [Reserved] 20.0 How the Incident Occurred—Motor Vehicle 25.0 [Reserved] 30.0 [Reserved] 40.0 [Reserved] 50.0 Contract 60.0 [Reserved] 70.0 Unlawful Detainer [See separate form DISC-003] 101.0 Economic Litigation [See separate form DISC-004] 200.0 Employment Law [See separate form DISC-002] Family Law [See separate form FL-145] DISC-001 1.0 Identity of Persons Answering These Interrogatories 1.1 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 yourbirth. [] 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 At the time of the INCIDENT, did you have any other permit or license for the operation of a motor vehicle? If so, state: (a) the state or other issuing entity; (b) the license number and type; (c) the date of issuance; and (d) all restrictions. [] 2.5 State: (a) your present residence ADDRESS; (b) your residence ADDRESSES for the pastfive years; and (c) the dates you lived at each ADDRESS. [] 2.6 State: (a) the name, ADDRESS, and telephone numberof your present employer or place of self-employment; and (b) the name, ADDRESS,dates of employment,jobtitle, 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. J 29 Can you speak English with ease? If not, what language and dialect do you normally use? J 2.10 Can you read and write English with ease? If not, what language and dialect do you normally use? DISC-001 [Rev. January 1, 2008) FORM INTERROGATORIES—GENERAL Page 2 of 8 [] 2.11 Atthe time of the INCIDENT were you acting as an agent or employee for any PERSON? If so, state: (a) the name, ADDRESS, and telephone number of that PERSON: and (b) a description of your duties. 2.12 At the time of the INCIDENT did you or any other person have any physical, emotional, or mental disability or condition that may have contributed to the occurrence of the INCIDENT? If so, for each person state: (a) the name, ADDRESS, and telephone number; (b) the nature of the disability or condition; and (c) the manner in which the disability or contributed to the occurrence of the INCIDENT. condition 2.13 Within 24 hours before the INCIDENT did you or any person involved in the INCIDENT use or take any of the following substances: alcoholic beverage, marijuana, or other drug or medication of any kind (prescription or not)? If so, for each person state: (a) the name, ADDRESS, and telephone number; (b) the nature or description of each substance; (c) the quantity of each substance used or taken; (d) the date and time of day when each substance was used or taken; (e) the ADDRESS where each substance was used or taken; (f) the name, ADDRESS, and telephone number of each person who was present when each substance was used or taken; and (9) the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER who prescribed or furnished the substance and the condition for which it was prescribed or furnished. 3.0 General Background Information—Business Entity [] 3.1 Are you a corporation? If so, state: (a) the name stated in the currentarticles of incorporation; (b) all other names used by the corporation during the past 10 years and the dates each was used; (c) the date and place of incorporation; (d) the ADDRESS ofthe principal place of business; and (e) whether you are qualified to do business in California. 3.2 Are you a partnership? If so, state: (a) the current partnership name; (b) all other names used by the partnership during the past 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 offiling 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 name; (b) all other names used by the joint venture during the past 10 years and the dates each was used; (c) the name and ADDRESS of each joint venturer; and (d) the ADDRESS of the principal place of business. 3.5 Are you an unincorporated association? If so, state: (a) the current unincorporated association name; (b) all other names used by the unincorporated association during the past 10 years and the dates each was used; and (c) the ADDRESS of the principal place of business. 3.6 Have you done business undera fictitious name during the past 10 years? If so, for each fictitious name state: (a) the name; (b) the dates each was used; (c) the state and county of each fictitious name filing; and (d) the ADDRESS ofthe principal place of business. 3.7 Within the pastfive years has any public entity regis- tered or licensed your business? If so, for each license or registration: (a) identify the license or registration; (b) state the name of the public entity; and (c) state the dates of issuance and expiration. 4.0 Insurance [] [] 4.1 Atthe time of the INCIDENT, was there in effect any policy of insurance through which you were or might be insured in any manner (for example, primary, pro-rata, or excess liability coverage or medical expense coverage) for the damages, claims, or actions that have arisen out of the INCIDENT? If so, for each policy state: (a) the kind of coverage; (b) the name and ADDRESS of the insurance company; (c) the name, ADDRESS,and telephone number of each named insured; (d) the policy number, (e) the limits of coverage for each type of coverage con- tained in the policy; (f) whether any reservation of rights or controversy or coverage dispute exists between you and the insurance company; and (g) the name, ADDRESS, and telephone number of the custodian of the policy. 4.2 Are you self-insured under any statute for the damages, claims, or actions that have arisen out of the INCIDENT? If so, specify the statute. 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 “no,” do not answerinterrogatories 6.2 through 6.7). 6.2 Identify each injury you attribute to the INCIDENT and the area of your body affected. DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 3 of 8 ] 6.3 Do you still have any complaints that you attribute to the INCIDENT? If so, for each complaint state: (a) a description; (b) whether the complaint is subsiding, remaining the same, or becoming worse; and (c) the frequency and duration. [] 6.4 Did you receive any consultation or examination (except from expert witnesses covered by Code of Civil Procedure sections 2034.210-2034.310) or treatment from a HEALTH CARE PROVIDERfor any injury you attribute to the INCIDENT? If so, for each HEALTH CARE PROVIDER state: (a) the name, ADDRESS, and telephone number; (b) the type of consultation, examination, or provided; (c) the dates you received consultation, examination, or treatment; and (d) the charges to date. treatment [] 6.5 Have you taken any medication, prescribed or not, as a result of injuries that you attribute to the INCIDENT? If so, for each medication state: (a) the name; (b) the PERSON who prescribed or furnished it; (c) the date it was prescribed or furnished; (d) the dates you began and stopped taking it; and (e) the cost to date. [] 6.6 Are there any other medical services necessitated by the injuries that you attribute to the INCIDENT that were not previously listed (for example, ambulance, nursing, prosthetics)? If so, for each service state: (a) the nature; (b) the date; (c) the cost; and (d) the name, ADDRESS, and telephone number of each provider. [] 6.7 Has any HEALTH CARE PROVIDER advised that you may require future or additional treatment for any injuries that you attribute to the INCIDENT? If so, for each injury state: (a) the name and ADDRESS of each HEALTH CARE PROVIDER; (b) the complaints for which the treatment was advised; and (c) the nature, duration, and estimated cost of the treatment. Property Damage 7.1 Do you attribute any loss of or damage to a vehicle or other property to the INCIDENT? If so, for each item of property: (a) describe the property; (b) describe the nature and location of the damage to the property; L g [] 0 oOo oOo oOo o o DISC-001 (c) state the amount of damage you are claiming for each item of property and how the amount was calculated; and (d) if the property was sold, state the name, ADDRESS, and telephone number of the seller, the date of sale, and the sale price. 7.2 Has a written estimate or evaluation been made for any item of property referred to in your answer to the preceding interrogatory? If so, for each estimate or evaluation state: (a) the name, ADDRESS, and telephone number of the PERSON who prepared it and the date prepared; (b) the name, ADDRESS, and telephone number of each PERSON who has a copy of it; and (c) the amount of damage stated. 7.3 Has any item of property referred to in your answer to interrogatory 7.1 been repaired? If so, for each item state: (a) the date repaired; (b) a description of the repair; (c) the repair cost; (d) the name, ADDRESS, and telephone number of the PERSON who repaired it; (e) the name, ADDRESS, and telephone number of the PERSON who paid for the repair. Loss of Income or Earning Capacity 8.1 Do you attribute any loss of income or earning capacity to the INCIDENT? (If your answer is “no,” do not answer interrogatories 8.2 through 8.8). 8.2 State: (a) the nature of your work; (b) yourjob title at the time of the INCIDENT; and (c) the date your employment began. 8.3 State the last date before the INCIDENT that you worked for compensation. 8.4 State your monthly income at the time of the INCIDENT and how the amount was calculated. 8.5 State the date you returned to work at each place of employment following the INCIDENT. 8.6 State the dates you did not work and for which you lost income as a result of the INCIDENT. 8.7 State the total income you have lost to date as a result of the INCIDENT and how the amount was calculated. 8.8 Will you lose income in the future as a result of the INCIDENT? If so, state: (a) the facts upon which you base this contention; (b) an estimate of the amount; (c) an estimate of how long you will be unable to work; and (d) how the claim for future income is calculated. DISC-001 [Rev. January 1, 2008) FORM INTERROGATORIES—GENERAL Paged of 8 9.0 Other Damages ] 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 9.1? If so, describe each document and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 10.0 Medical History ] 10.1 At any time before the INCIDENT did you have com- plaints or injuries that involved the same part of your body claimed to have been injured in the INCIDENT? If so, for each state: (a) a description of the complaint or injury; (b) the dates it began and ended; and (c) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER whom you consulted or who examined or treated you. ] 10.2 List all physical, mental, and emotional disabilities you had immediately before the INCIDENT. (You may omit mental or emotional disabilities unless you attribute any mental or emotional injury to the INCIDENT.) [1] 10.3 At any time after the INCIDENT, did you sustain injuries of the kind for which you are now claiming damages? If so, for each incident giving rise to an injury state: (a) the date and the place it occurred; (b) the name, ADDRESS, and telephone number of any other PERSON involved; (c) the nature of any injuries you sustained, (d) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER who you consulted or who examined ortreated you; and (e) the nature of the treatment and its duration. 11.0 Other Claims and Previous Claims ] 11.1 Except for this action, in the past 10 years have you 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; (e) whether the claim or action has been resolved or is pending; and (f) a description of the injury. 11.2 In the past 10 years have you made a written claim or demand for workers' compensation benefits? If so, for each claim or demand state: (a) the date, time, and place of the INCIDENT giving rise to the claim; (b) the name, ADDRESS, and telephone number of your employerat 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; () 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 name, ADDRESS, and telephone number of each individual: (a) who witnessed the INCIDENT or the events occurring immediately before or after the INCIDENT; (b) who made any statement at the scene of the INCIDENT; (c) who heard any statements made about the INCIDENT by any individual at the scene; and (d) who YOU OR ANYONE ACTING ON YOUR BEHALF claim has knowledge of the INCIDENT (except for expert witnesses covered by Code of Civil Procedure section 2034). 12.2 Have YOU OR ANYONE ACTING ON YOUR BEHALF interviewed any individual concerning the INCIDENT? If so, for each individual state: (a) the name, ADDRESS, and telephone number of the individual interviewed; (b) the date 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; (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 hasthe original statement or a copy. DISC-007 [Rev. January 1, 2006] 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 plaintiff's injuries? If so, state: (a) the number of photographs orfeet offilm or videotape; (b) the places, objects, or persons photographed, filmed, or videotaped; (c) the date the photographs, films, or videotapes were taken; (d) the name, ADDRESS, and telephone number of the individual taking the photographs, films, or videotapes; and (e) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of the photographs, films, or videotapes. [] 12.5 Do YOU OR ANYONE ACTING ON YOUR BEHALF know of any diagram, reproduction, or model of any place or thing (exceptfor items developed by expert witnesses covered by Code of Civil Procedure sections 2034.210- 2034.310) concerning the INCIDENT? If so, for each item state: (a) the type (i.e., diagram, reproduction, or model); (b) the subject matter; and (c) the name, ADDRESS, and telephone number of each PERSON who hasit. [] 12.6 Was a report made by any PERSON concerning the INCIDENT? If so, state: (a) the name, title, identification number, and employer of the PERSON who made the report; (b) the date and type of report made; (c) the name, ADDRESS, and telephone number of the PERSON for whom the report was made; and (d) the name, ADDRESS, and telephone number of each PERSON who hasthe original or a copy of the report. ]127 Have YOU OR ANYONE ACTING ON YOUR BEHALF inspected the scene of the INCIDENT? If so, for each inspection state: (a) the name, ADDRESS, and telephone number of the individual making the inspection (except for expert witnesses covered by Code of Civil Procedure sections 2034.210-2034.310); and (b) the date of the inspection. 13.0 Investigation—Surveillance ] 13.1 Have YOU OR ANYONE ACTING ON YOUR BEHALF conducted surveillance of any individual involved in the INCIDENT or any party to this action? If so, for each sur- veillance state: (a) the name, ADDRESS, and telephone number of the individual or party; (b) the time, date, and place of the surveillance; (c) the name, ADDRESS, and telephone number of the individual who conducted the surveillance; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of any surveillance photograph, film, or videotape. DISC-001 ] 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 [1] 14.1 Do YOU OR ANYONE ACTING ON YOUR BEHALF contend that any PERSON involved in the INCIDENT violated any statute, ordinance, or regulation and that the violation was a legal (proximate) cause of the INCIDENT? If so, identify the name, ADDRESS, and telephone number of each PERSON and the statute, ordinance, or regulation that was violated. ] 14.2 Was any PERSON cited or charged with a violation of any statute, ordinance, or regulation as a result of this INCIDENT? If so, for each PERSONstate: (a) the name, ADDRESS, and telephone number of the PERSON; (b) the statute, ordinance, or regulation allegedlyviolated; (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 [] 156.1 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; (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 DOCUMENTorthing. 1] 16.2 Do you contend that plaintiff was not injured in the INCIDENT? If so: (a) state all facts upon which you base your contention; (b) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge ofthe 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 orthing. DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 6 of 8 [] 16.3 Do you contend that the injuries or the extent of the injuries claimed by plaintiff as disclosed in discovery proceedings thus far in this case were not caused by the INCIDENT? If so, for each injury: (a) identify it; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT orthing. ] 16.4 Do you contend that any of the services furnished by any HEALTH CARE PROVIDER claimed by plaintiff in discovery proceedings thus far in this case were not due to the INCIDENT? If so: (a) identify each service; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENTorthing. [1] 16.5 Do you contend that any of the costs of services furnished by any HEALTH CARE PROVIDER claimed as damages by plaintiff in discovery proceedings thus far in this case were not necessary or unreasonable? If so: (a) identify each cost; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENTorthing. 1] 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 DOCUMENTorthing. J 16.7 Do you contend that any of the property damage claimed by plaintiff in discovery Proceedings thus far in this case was not caused by the INCIDENT? If so: (a) identify each item of property damage; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT orthing. DISC-001 [] 16.8 Do you contend that any of the costs of repairing the property damage claimed by plaintiff in discovery proceedings thus far in this case were unreasonable? If so: (a) identify each cost item; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT orthing. [J] 16.9 Do YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT (for example, insurance bureau index reports) concerning claims for personal injuries made before or after the INCIDENT by a plaintiff in this case? If so, for each plaintiff state: (a) the source of each DOCUMENT; (b) the date each claim arose; (c) the nature of each claim; and (d) the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. ] 16.10 Do YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT concerning the past or present physical, mental, or emotional condition of any plaintiff in this case from a HEALTH CARE PROVIDER not previously identified (except for expert witnesses covered by Code of Civil Procedure sections 2034.210-2034.310)? If so, for each plaintiff state: (a) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER; (b) a description of each DOCUMENT; and (c) the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 17.0 Responses to Request for Admissions 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 numberof 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 orthing. 18.0 [Reserved] 19.0 [Reserved] 20.0 How the Incident Occurred—Motor Vehicle ]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,state: (a) the year, make, model, and license number; (b) the name, ADDRESS, and telephone number of the driver, DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 7 of 8 (c) the name, ADDRESS, and telephone number of each occupant other than the driver; (d) the name, ADDRESS, and telephone number of each registered owner; (e) the name, ADDRESS, and telephone number of each lessee; (f) the name, ADDRESS, and telephone number of each owner other than the registered owner or lien holder; and (9) the name of each owner who gave permission or consent to the driver to operate the vehicle. [] 20.3 State the ADDRESS and location where your trip began and the ADDRESS and location of your destination. [] 20.4 Describe the route that you followed from the beginning of your trip to the location of the INCIDENT, and state the location of each stop, other than routine traffic stops, during the trip leading up to the INCIDENT. ] 20.5 State the name of the street or roadway, the lane of travel, and the direction of travel of each vehicle involved in the INCIDENT for the 500 feet of travel before the INCIDENT. [_]20.6 Did the INCIDENT occur at an intersection? If so, describe all traffic control devices, signals, or signs at the intersection. ] 20.7 Was there a traffic signal facing you at the time of the INCIDENT? If so, state: (a) your location when you first saw it; (b) the color; (c) the number of seconds it had been that color; and (d) whether the color changed between the time you first saw it and the INCIDENT. 1] 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. 1] 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 that any malfunction or defect in a vehicle contributed to the injuries sustained in the INCIDENT? If so: (a) identify the vehicle; (b) identify each malfunction or defect; (c) state the name, ADDRESS, and telephone number of each PERSON who is a witness to or has information about each malfunction or defect; and DISC-001 (d) state the name, ADDRESS, and telephone number of each PERSON who has custody of each defective part. [] 20.11 State the name, ADDRESS, and telephone number of each owner and each PERSON who has had possession since the INCIDENT of each vehicle involved in the INCIDENT. 25.0 [Reserved] 30.0 [Reserved] 40.0 [Reserved] 50.0 Contract ] 50.1 For each agreement alleged in the pleadings: (a) identify each DOCUMENTthat 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 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; (e) 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 DOCUMENTSthat evidence any modification of the agreement not in writing and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT. [] 50.2 Was there a breach of any agreement alleged in the pleadings? If so, for each breach describe and give the date of every act or omission that you claim is the breach of the agreement. 1] 50.3 Was performance of any agreement alleged in the pleadings excused? If so, identify each agreement excused and state why performance was excused. 1] 50.4 Was any agreement alleged in the pleadings terminated by mutual agreement, release, accord and satisfaction, or novation? If so, identify each agreement terminated, the date of termination, and the basis of the termination. ] 50.5 Is any agreement alleged in the pleadings unenforce- able? If so, identify each unenforceable agreement and state whyit is unenforceable. ] 50.6 Is any agreement alleged in the pleadings ambiguous? If so, identify each ambiguous agreement and state why it is ambiguous. 60.0 [Reserved] DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 8 of 8 w m B A W N S S O O L e N u O n 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. I am over 18 years of age, and not a party to the within action; my business address is 1551 North Tustin Avenue, Suite 900, Santa Ana, California 92705. On the date below, I served the following document(s): FORM INTERROGATORIES on the interested parties in this action on the attached Service List. _X BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the personsat the addresses listed above and placed the envelope for collection and mailing, with postage thereon fully prepaid, following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited with the United States Postal Service in the ordinary course of business. I am employed in the county where the mailing occurred. The envelope or package was placed in the mail at Santa Ana, California. BY FAX TRANSMISSION:I faxed the documents to the persons at the fax numbers listed above. No error was reported by the fax machine that I used. A copy ofthe record of the fax transmission, which I printed out,is attached. BY OVERNIGHT DELIVERY:I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons listed above. | placed the envelope or package for collection and overnight delivery at an office or a regularly-utilized drop box ofthe overnight delivery carrier. I declare under penalty of perjury, pursuant to the laws of the State of California that the foregoing is true and correct, and that this proofof service was executed on May /Z ,2017, at Santa Ana, California. 1err( pl ANNA M. LEWIS Re: Goedhals v. Garden Grove File No. 43-0119 00-CAPTION.wpd S S O O 0 N N N N n n B A W N N o N N N N N N N D N m e m e m e m b d e e p d b e d e d p e 0 0 N N A N U n BR A W N = O D N N l W N Service List Goehdals v. Garden Grove OCSC Case No. 2016-00889390 Bruce M. Bunch, Esq. LAW OFFICES OF BRUCE M. BUNCH 200 N. Westlake Blvd., Ste. 204 Westlake Village, CA 91362 818-707-8887; fax 818-707-8884 Douglas A. Amo, Esq. Frederick James, Esq. SCHMIDT & VOILES 333 City Blvd. W., Ste. 720 Orange, CA 92868 714-940-5555; fax 714-940-5594 File No. 43-0119 Attorneys for Plaintiffs Attorneys for Defendant, Harpreet Singh, MD Exhibit "B" A BN LAW OFFICES Ea MICHAEL L. BASSETT BASSETT, DISCOE, McMAINS & KARGOZAR ERIC S. ELIOT TONY A. DISCOE 1551 NORTH TUSTIN AVENUE, SUITE 900 CHANTELL GONZALEZ-NIEVES LISA J. McMAINS SANTA ANA, CALIFORNIA 92705 LAYNE M. BUKOVSKIS DAVID KARGOZAR TELEPHONE (714) 542-5400 CHRISTINA ELEOPOULOS ALPHONSIE NELSON FACSIMILE (714) 972-2594 & (714) 972-2599 MATTHEW C. SLIMMER WWW.BDMKLAW.COM FELICIA L. FLAHIVE STEPHEN E. BUDICA GEOFFREY A. KRAEMER KYLE A. RIDDLES NATHAN E. MALONE September 19, 2017 Via email: bruce@bunchlawyers.com Bruce M. Bunch, Esq. LAW OFFICES OF BRUCE M. BUNCH 200 N. Westlake Blvd., Ste. 204 Westlake Village, CA 91362 Re: Carol Goedhals, ded v. H-South Coast (Dr. Birnbaum) Our File Number: 43-0119 Trial Date: April 2, 2018 Dear Mr. Bunch: Please allow this correspondence to serve as a meet and confer discussion regarding your clients’ overdue discovery responses. Please find below a list of the discovery served on your clients,a list of the responses we have received, and a request that outstanding responses be served within ten days. On or about May 9, 2017, discovery was served by this office upon your clients, Robert and Peter Goedhals. Specifically, Form Interrogatories - Set One, Request for Production ofDocuments - Set One, Special Interrogatories - Set One, and Requests for Admission - Set One, were served by Jonathan Birnbaum, M.D.on Peter James Goedhals. Additionally, Form Interrogatories - Set One, Request for Production ofDocuments- Set One, Special Interrogatories - Set One, and Requests for Admission - Set One, were served by Jonathan Birnbaum, M.D. on Robert P. Goedhals. Please also note that on the same date Form Interrogatories - Set One and Requests for Admissions - Set One were served by South Coast Emergency Medical Group, Inc. on Peter James Goedhals. Another set of Form Interrogatories - Set One and Requests for Admissions - Set One were also served by South Coast Emergency Medical Group, Inc. on Robert P. Goedhals. As you may recall, we provided your clients with an extension to June 22, 2017,for the purpose of responding to the discovery. Atthis time, we have received responsesto all of the Requests for Admissions. However, per our conversation with your office on or about September 15, 2017, responses to the remaining discovery were never served. Asofthe writing ofthis correspondence, no responses to the remaining discovery have been received. LAW OFFICES BASSETT, DISCOE, McMAINS & KARGOZAR September 19, 2017 Page 2 As a result of the responses being overdue, all objections have been waived. Accordingly, we ask that your office provide your clients’ responses to the outstanding discovery, without objections, within the next ten days. If responsesto the outstanding discovery are not received within the next ten days we will be forced to file motions to compel the discovery responses. We hope to avoid taking any such action. However,if such action becomes necessary, we will seek recovery ofall associated costs. Thank you for your time, consideration, and anticipated professionalism in resolving this issue. Should you have any questions or wish to discuss this matter further please do not hesitate to give us a call. Sincerely yours, INS & KARGOZAR Alphonsie.nelson@bdmklaw.com AN:GAK cc: Jonathan Birnbaum, M.D. Jbuffalo99@hotmail.com George Baskevitch, M.D., Medical Director South Coast Emergency Medical Group gbaskev(@cox.net « Kim Blake From: Kim Blake Sent: Wednesday, September 20, 2017 10:51 AM To: 'bruce@bunchlawyers.com’ Cc: ‘jbuffalo99@hotmail.com’; 'gbaskev@cox.net’; Medmal Subject: 43-0119 Attachments: SKM_554e17092010410.pdf Goedhals v. Birnbaum, et al. Dear Mr. Bunch: Attached please find our September 19, 2017, correspondence. Thank you. Kimberly A. Blake, Legal Assistant to Stephen E. Budica and Geoffrey A. Kraemer for Tony A. Discoe BASSETT, DISCOE, McMAINS & KARGOZAR 1551 North Tustin Avenue, Suite 900 Santa Ana, CA 92705 kim@bdmklaw.com (714) 542-5400 x 438 (714) 972-2599 or (714) 972-2594-Fax Exhibit "C" N o O O © 9 O& O w n b s 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TONY A. DISCOE, CBN 125973 ALPHONSIE NELSON, CBN 217494 LAW OFFICES BASSETT, DISCOE, McMAINS & KARGOZAR 1551 North Tustin Avenue, Suite 900 Santa Ana, CA 92705 Telephone: (714) 542-5400; Fax: (714) 972-2594 Attorneys for Defendants, SOUTH COAST EMERGENCY MEDICAL GROUP, INC., and JONATHAN BIRNBAUM, M.D. SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER ROBERT P. GOEDHALS and PETER JAMES) CASE NO. 30-2016-00889390-CU-MM-CJC GOEDHALS, JUDGE GREGORY H. LEWIS DEPT. C26 REQUESTS FOR ADMISSION TO PLAINTIFF, ROBERT P. GOEDHALS, SET ONE Plaintiffs, VS. GARDEN GROVE HOSPITAL MEDICAL) CENTER; WEST ANAHEIM MEDICAL) Date Complaint Filed: 11/29/2016 CENTER; HARPREET SINGH, M.D.;) Trial Date: None JONATHAN BIRNBAUM, M.D.; SOUTH) COAST EMERGENCY MEDICAL GROUP,) INC.; PRIMEHEALTHCARE MANAGEMENT) INC.; TRUE LUU McMAHAN, M.D.; CURTIS) CONVERSE, D.O.; HASSAN MOHAMED) ALKHOULI, M.D.; and DOES 1 through 100,) inclusive, N r N r ’ N a r ’ N r ’ s e r ” a ” Defendants. N r N r ’ N o r ’ PROPOUNDING PARTY: Defendant, SOUTH COAST EMERGENCY MEDICAL GROUP,INC. RESPONDING PARTY: Plaintiff, ROBERT P. GOEDHALS SET NO.: One Under California Code ofCivil Procedure section 2033, plaintiff, ROBERT P. GOEDHALS, is requested to ADMIT or DENY under oath the following requests for admissions within 30 days after service of these requests. 1 = REQUESTS FOR ADMISSION TO PLAINTIFF, SET ONE (SCEMG TO ROBERT) N o O © 0 0 N N O O n v B r W w 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSION NO.1: In performing professional services for decedent Carol Goedhals, the physicians and other medical personnel in the employment ofdefendant South Coast Emergency Medical Group,Inc. had the degree of learning and skill ordinarily possessed by reputable physicians and other medical personnel, practicing in the same or similar locality and under similar circumstances. REQUEST FOR ADMISSION NO.2: In performing professional services for decedent Carol Goedhals, the physicians and other medical personnel in the employment of defendant South Coast Emergency Medical Group, Inc. used the care and skill ordinarily exercised in like cases by reputable members of the profession practicing in the same or similar locality under similar circumstances. REQUEST FOR ADMISSION NO.3: In performing professional services for decedent Carol Goedhals, the physicians and other medical personnel in the employment of defendant South Coast Emergency Medical Group, Inc. used reasonable diligence and their best judgmentin the exercise oftheir skill and the application of their learning, in an effort to accomplish the purpose for which they were employed. REQUEST FOR ADMISSION NO.4: In performing professional services for decedent Carol Goedhals, the physicians and other medical personnel in the employmentofdefendant South Coast Emergency Medical Group,Inc. had the knowledge and skill ordinarily possessed, and used the care and skill ordinarily used, by reputable medical group personnel practicing in the same or similar locality, and under similar circumstances. REQUEST FOR ADMISSION NO.§: In performing professional services for decedent Carol Goedhals, the efforts ofthe physicians and other medical personnel in the employment of defendant South Coast Emergency Medical Group, Inc. did not prove unsuccessful. REQUEST FOR ADMISSION NO.6: If you contend that there was more than one recognized method of rendering services by physicians and other medical personnel in the employment of defendant South Coast Emergency Medical Group, Inc., for decedent Carol Goedhals, then admit or deny that the physicians and other 2 REQUESTS FOR ADMISSION TO PLAINTIFF, SET ONE (sceMG T0 ROBERT) medical personnel in the employment of defendant South Coast Emergency Medical Group, Inc. exercised their bestjudgmentin the selection ofone ofthe approved methods ofrendering such services. REQUEST FOR ADMISSION NO.7: If you contend that there was more than one recognized method of rendering services by the physicians and other medical personnel in the employment of defendant South Coast Emergency Medical Group, Inc. for decedent Carol Goedhals, then admit or deny that no one of them is used exclusively and uniformly by medical group personnel of good standing. REQUEST FOR ADMISSION NO.8: In receiving services from the physicians and other medical personnel in the employment of defendant South Coast Emergency Medical Group, Inc., decedent Carol Goedhals was legally authorized to consent on her own behalf to the medical services involved in this action. REQUEST FOR ADMISSION NO. 9: Theinjury or condition for which decedent Carol Goedhals now seeks to recover, by this lawsuit, was not proximately caused by services rendered, administered, or performed by the physicians and other medical personnel in the employment of defendant South Coast Emergency Medical Group, Inc.. REQUEST FOR ADMISSION NO. 10: In providing services for decedent Carol Gosdhals, the physicians and other medical personnel in the employment of defendant South Coast Emergency Medical Group, Inc. were not a substantial factor in bringing about the injury, damages, loss or harm claimed by decedent Carol Goedhals. REQUEST FOR ADMISSION NO. 11: Theinjury or condition for which decedent Carol Goedhals now seeksto recover,bythis lawsuit, was not proximately caused by the services rendered, administered, or performed by the physicians and other medical personnel in the employmentofdefendant South Coast Emergency Medical Group, Inc.. REQUEST FOR ADMISSION NO. 12: In providing services for decedent Carol Goedhals, the physicians and other medical personnel in the employment of defendant South Coast Emergency Medical Group, Inc. were not a substantial factor in bringing about the injury, damages, loss or harm claimed by decedent Carol Goedhals. mn 3 REQUESTS FOR ADMISSION TO PLAINTIFF, SET ONE (SCEMG TO ROBERT) © O V 0 N N w n B s L N = B O N D O B B O N N O N R N E E e m = m 2 e s e B T S B d N Y A R G h A L N = © W V N n A L N D = REQUEST FOR ADMISSION NO. 13: At all times alleged within plaintiff's complaint, defendant South Coast Emergency Medical Group, Inc. provided a safe environment within which diagnosis, treatment , and recovery could be carried out. REQUEST FOR ADMISSION NO. 14: Atall timesalleged within plaintiff's complaint, defendant South Coast Emergency Medical Group, Inc. exercised the degree of care and skill used by medical groups generally in the community according to what the undertaking to treat the decedent Carol Goedhals re quired under the circumstances. REQUEST FOR ADMISSION NO. 15: At all timesalleged within plaintiff's complaint, the physicians and other medical perso nnel in the employment of defendant South Coast Emergency Medical Group, Inc. exercised th e degree of care andskill used by physicians and other medical personnel in the employment ofmedical g roups generally in the community according to what the undertaking to treat the decedent Carol Goedha ls required under the circumstances. Dated: May 9, 2017 , McMAINS & KAR GOZAR . OE PHONSIE NELSON Attorneys for Defendants, SOUTH COAST EMERGENCY MEDICAL GROUP, INC, and JONATHAN BIRNBAUM, M.D. 4 REQUESTS FOR ADMISSION TO PLAINTIFF, SET ONE (SCEMG TO ROBERT) S S L N O O 0 N N O Y i n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) [ am employed in the County of Orange, State of California. 1am over 18 yearsof age, and not a party to the within action; my business address is 1551 North Tustin Avenue, Suite 900, Santa Ana, California 92705. On the date below, I served the following document(s): REQUESTS FOR ADMISSION TO PLAINTIFF, ROBERT P. GOEDHALS, SET ON E on the interested parties in this action on the attached Service List. X_ BY MAIL: I enclosed the document(s) in a sealed envelope or package addressed to the personsat the addresseslisted above and placed the envelope for collection and mailing, with postage thereon fully prepaid, following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited with the United States Postal Service in the ordinary course of business. Iam employed in the county where the mailing occurred. The envelope or package was placed in the mail at Santa Ana, California. BY FAX TRANSMISSION:I faxed the documents to the persons at the fax numbers listed above. No error was reported by the fax machine that Tused. A copy ofthe record of the fax transmission, which I printed out,is attached. BY OVERNIGHT DELIVERY:I enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons listed above. I placed the envelope or package for collection and overnight delivery at an office or a regularly-utilized drop box ofthe overnight delivery carrier. I declare under penalty of perjury, pursuant to the laws of the State of California that the foregoingis true and correct, and thatthis proofofservice was executed onMay /Z ,2017, at Santa Ana, California. } ANNA M. LEWIS Re: Goedhals v. Garden Grove File No. 43-0119 050917.rfa#1 scemg to robert. wpd 5 REQUESTS FOR ADMISSION TO PLAINTIFF, SET ONE (SCEMG TO ROBERT) H B W N © L C 0 N N A N W n 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Service List Goehdals v. Garden Grove OCSC Case No. 2016-00889390 File No. 43-0119 Bruce M. Bunch, Esq. Attorneys for Plaint iffs LAW OFFICES OF BRUCE M. BUNCH 200 N. Westlake Blvd., Ste. 204 Westlake Village, CA 91362 818-707-8887; fax 818-707-8884 Douglas A. Amo, Esq. Attorneys for Defen dant, Harpreet Singh, MD Frederick James, Esq. SCHMIDT & VOILES 333 City Blvd. W., Ste. 720 Orange, CA 92868 714-940-5555; fax 714-940-5594 6 REQUESTS FOR ADMISSION TO PLAINTIFF, SET ONE ( SCEMG TO ROBERT) Exhibit "D" 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BRUCE M. BUNCH, ESQ. (SBN 60705) gang Va, rd $ iJASON EDLINGER, ESQ. (SBN 307287) LS ALAW OFFICES OF BRUCE M. BUNCH (Dw 17A Professional Corporation ; ong200 North Westlake Boulevard, Suite 204 Say ila |Westlake Village, California 91362 Telephone: (818) 707-8887 Fax: (818) 707-8884 bruce@bunchlawyers. com jason@bunchlawyers. com Attorneys for Plaintiffs, Robert P. Goedhals and Peter James Goedhals SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE ROBERT P. GOEDHALS and PETER JAMES GOEDHALS, CASE NO. 30-2016-00889390-CU-MM-CJC Judge: Hon. Gregory H. Lewis Plaintiffs, Dept: C26 PLAINTIFFS’ RESPONSES TO REQUESTS FOR ADMISSION, SET ONE ViSe ) ) ) ) ) ) ) GARDEN GROVE HOSPITAL MEDICAL ) CENTER; WEST ANAHEIM MEDICAL ) CENTER; HARPREET SINGH, M.D.; ) JONATHAN BIRNBAUM, M.D.; SOUTH ) COAST EMERGENCY MEDICAL GROUP, ) INC.; PRIME HEALTHCARE ) MANAGEMENT, INC.; TRUE LUU ) McMAHAN, M.D.; CURTIS CONVERSE, ) D.O.; HASSAN MOHAMED ALKHOULI, ) M.D.; and DOES 1 through 100, ) inclusive, ) ) ) ) Filed: 11/29/16 Defendants. REQUESTING PARTY: Defendant, South Coast Emergency Medical Group, Inc. RESPONDING PARTY: Plaintiffs, Robert P. Goedhals and Peter James Goedhals SET NUMBER: One (1) It should be noted that responding parties have not fully completed investigation of the facts relating to this case, have 1 Plaintiffs’ Responses to Requests for Admission, Set One 10 11 12 13 14 15 16 1.7 18 19 20 21 22 23 24 25 26 2 28 not fully completed discovery in this action, and have not completed preparation for trial. All of the responses contained herein are based upon such information and documents which are presently available to and specifically known to responding parties and disclose only those contentions which presently occur to responding parties. It is anticipated that further discovery, independent investigation and legal research and analysis will permit responding parties to identify additional documents. The following responses are given without prejudice to responding parties’ right to identify any subsequently discovered document or documents which responding parties may later recall. Responding parties accordingly reserve the right to change any and all responses herein as additional documents are identified. The responses contained herein are made in a good faith effort to identify as many documents as are presently known to exist, but should in no way be to the prejudice of responding parties, in relation to further discovery, research or analysis. Responses are made herein without waiver of any objection as to the propriety of the requests or as to the admissibility of any response or supplemental response in any proceeding herein, including trial, based upon competence, relevance, materiality, propriety and any other ground, each of which objection is expressly reserved. Responding parties’ investigation and discovery are continuing, and responding parties reserve the right to augment or modify any response as may be appropriate. The responses contained herein are based on information available to responding parties as of the date of these responses, and no incidental or implied admissions or statements not set forth herein are intended. 2 Plaintiffs’ Responses to Requests for Admission, Set One 10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 26 27 28 The responses contained herein are to be read as a whole and, where applicable, the facts supplied in response to one request are incorporated into and made a part of the response to another. The responses set forth herein assume that none of the requests responded to calls for information protected by either the attorney-client privilege or the attorney-work-product doctrine. Without waiving any such privilege, responding parties provide these responses on the assumption that the requests refer only to unprivileged facts, information and documents. The fact that a document is identified in response to a request shall not constitute, expressly or impliedly, a waiver of any objection to any privilege or doctrine that may attach to such documents, nor shall it constitute an agreement to produce any privileged document at any time. RESPONSES 1x Deny 2. Deny 3 Deny 4. Deny 5 Deny 6. Deny 1 Deny 8. Admit 9; Deny 10. Deny Ll Deny 12 Deny 13. Deny - Plaintiffs’ Responses to Requests for Admission, Set One 10 11 12 1.3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. 1.5 Deny Deny DATED: June 22, 2017 LAW OFFICES OF BRUCE M. BUNCH A Professional Corporation py: Dapn Slices /JASON EDLINGER Attorneys for Plaintiffs, Robert P. Goedhals and Peter James Goedhals 4 Plaintiffs’ Responses to Requests for Admission, Set One VERIFICATION STATE OF CALIFORNIA ) ) COUNTY OF ) I have read the foregoing Responses to Discovery and know itscontents, I am a party to this action. The matters stated in the foregoingdocument are true of my own knowledge except as to those matters whichare stated on information and belief, and as to those matters, Ibelieve them to be true. EXECUTED on __ 6/21/|7] , at Cape Town, South Afra I declare under penalty of perjury that the foregoing is true andcorrect. RPGreclrn gp oedHALS. VERIFICATION STATE OF CALIFORNIA ) ) COUNTY OF ) I have read the foregoing Responses to Discovery and know itscontents. I am a party to this action. The matters stated in the foregoingdocument ‘are true of my own knowledge except as to those matters whichare stated on information and belief, and as to those matters, I EXECUTED on _ 6/27/17] . at | one Beach, california. I declare underpenalty of perjury that the foregoing is trueand.correct. ZZ [FT coesnis )ZC STATE OF CALIFORNIA COUNTY OF VENTURA PROOF OF SERVICE I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 200 NorthWestlake Boulevard, Suite 204, Westlake Village, California 91362. On June 22, 2017, I served the foregoing document described as: PLAINTIFFS’ RESPONSES TO REQUESTS FOR ADMISSION, SET ONE on the interested parties in this action b [x] a true copy thereof to all other parti Prime Healthcare Services - Anaheim, LLC (a Delaware Limited Liability Company) dba West Anaheim Medical Center; Prime Healthcare Services - Garden Grove, LLC (a Delaware Limited Liability Company) DBA Garden Grove Hospital Medical Center; and, Hassan Mohamed Alkhouli, M.D. Harpreet Singh, M.D. Jonathan Birnbaum, M.D.; South Coast Emergency Medical Group, Inc. True Luu McMahan, M.D. Curtis Converse, D.O. y placing [x] the original to the propounding parties and es enclosed in a sealed envelope addressed as follows: Matthew N. Trotter Carroll, Kelly, Trotter, Franzen, McKenna & Peabody P.O. Box 22636 Long Beach CA 90801-5636 F: 562 432-8785 mntrotter@cktfmp.com Douglas A. Amo, Esq. Fredrick James, Esq. SCHMID & VOILES 333 City Bouleard West, Ste. 720 Orange CA 92868 F: 714 940-5594 damo@schmidvoiles. com fiames@schmidvoiles.com Tony A. Discoe Alphonsie Nelson Bassett, Discoe, McMains & Kargozar 1551 North Tustin Avenue, Ste. 900 Santa Ana CA 92705 F: 714 972-2594 [X] (MAIL) I deposited such envelope in the United States mail at Westlake Village, California.The envelope was mailed with postage thereon fully prepaid. [1 (FEDERAL EXPRESS) I deposited such federal express envelope/package/box in the Federal ExpressDrop/Pick Up Box located on Meadowgate, pick up 5:00 p.m. in the City of Westlake Village, CA 91362. Monday-Friday [1] (FAX) A copy of which was placed on our inter-office fax machine and faxed to defense counsel,after which I received a facsimile confirmation sheet indicating that all pages went throughsuccessfully. [1 (E-MAIL) I caused the above-mentioned documents to be sent via electronic mail to counselreferenced above. I am readily familiar with the firm's practice of collection and processing correspondence formailing. Under that practice it would be deposited with U.S. postal service on that same day withpostage thereon fully prepaid at Westlake Village, California, in the ordinary course of business. Executed on June 22, 2017, at Westlake Village, California. [xx] (STATE) I declare under penalty of perjury under the laws of the State of California thatthe above is true and correct. ¢/Jason Edlinger