Farmers Insurance Exhange vs. Maria Gonzalez

Motion to Compel Answers to Interrogatories

Cal. Super. - 4th Dist.August 18, 2017

Oo 0 N N O N n n R W N e N N N N N N N N e m m d p e e m fe ed e d pe d e d pe a co 3 O N Wn P R A W N = O Y Y B R E W ND = o DAVID A. LEEDS, ESQ. (SBN 199603) LAW OFFICES OF HARTSUYKER, STRATMAN & WILLIAMS-ABREGO priar Cait af EafurAle. 4607 Lakeview Canyon Rd., Suite 275 County of Orange Westlake Village, California 91361 OF jO9/2018 at 04:12:00 PM Telephone: (818) 540-4420 Clerk of the Superior Court Facsimile: (818) 540-4445 By Imelda Yu,Deputy Clerk Our File No.: 3007269435 Attorney for Plaintiff, FARMERS INSURANCE EXCHANGE SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE FARMERS INSURANCE EXCHANGE, a ) Case No.: 30-2017-00938626 California Interinsurance Exchange, ) )NOTICE OF MOTION AND MOTION TO Plaintiff, )COMPEL RESPONSES TO FORM V. )INTERROGATORIES PROPOUNDED TO )DEFENDANT AND REQUEST FOR MARIA GONZALEZ, et al. )SANCTIONS; DECLARATION OF DAVID A. )LEEDS; MEMORANDUM OF POINTS AND Defendants. )AUTHORITIES; [PROPOSED] ORDER ) )DATE: September 6, 2018 YTIME: 9:30 a.m. DEPT: C03 TO DEFENDANT, MARIA GONZALEZ, AND ITS ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on September 6, 2018, at 9:30 a.m., in Department C03 of the above-entitled court located at 700 Civic Center Drive West, Santa Ana, CA., Plaintiff, FARMERS INSURANCE EXCHANGE, a California Interinsurance Exchange, will bring its motion to compel verified responses to Form Interrogatories based upon C.C.P. Section 2030.290. Plaintiff, at the same time, will ask that the court award monetary sanctions in the amount of $685.00 against defendant, MARIA GONZALEZ, for misuse of discovery in not providing MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES PROPOUNDED TO DEFENDANT pg. 1 of 5 © 0 J OO On Br WLW ND = N N N N N N N N O N = e m e m e m e m e e e e e e 0 NN O N n n PR A W N = O OO N N N N P R W N D d D = O verified responses to Form Interrogatories after given a reasonable opportunity to do so pursuant to C.C.P. Section 2030.290 and 2023.030. DATED: July 6, 2018 LAW OFFICES OF HARTSUYKER, STRATMAN & WILLIAMS-ABREGO By: 7) ~~ DAVID A. LEEDS, Attorneys for Plaintiff FARMERS INSURANCE EXCHANGE MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES PROPOUNDED TO DEFENDANT pg. 2 of 5 \O 0 ~~ aN wn EE N wd No - N N N N O N N O N N N m e m em pe d pe em e e p d pe d ee c o 3 O N Wn BA W N = o O N Y N B R W N e m OO DECLARATION OF DAVID A. LEEDS I, DAVID A. LEEDS, do hereby declare: 1. [ am an attorney at law duly authorized to practice in all courts of the State of California, and an attorney at Law Offices of Hartsuyker, Stratman & Williams-Abrego, attorneys of record herein for plaintiff, Truck Insurance Exchange. Iam familiar with the matters stated herein, and if called upon to testify, I could and would competently testify to the following matters as they are personally known to me. 2. This action arises out of a traffic collision occurring on or about October 13, 2016, wherein plaintiff's insured was in an accident with a vehicle owned and/or driven by defendant, Maria Gonzalez. 3. By proof of service dated April 19, 2018, plaintiff propounded to defendant a set of Form Interrogatories. A true and correct copy of the Form Interrogatories is attached as Exhibit “A”. 4. Receiving no verified responses, plaintiff inquired by letter dated May 25, 2018, attached as Exhibit “B”, regarding verified answers to the Form Interrogatories. As of the date of this declaration, plaintiff has not received verified responses to the Form Interrogatories. 5 I have spent approximately three hours in propounding discovery, following up in an attempt to receive responses, and the preparation of this declaration and motion. I foresee another two hours in the appearance on this matter, including travel time, representing five (5) hours in attorneys fees at $125.00 per hour, plus $60.00 for the motion filing fee, totaling $685.00 in sanctions to be awarded to plaintiff. /77 177 MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES PROPOUNDED TO DEFENDANT pg. 3 of 5 © 0 J OO n n BH WwW ND = N N N N N N N N N = ee ee ee e e e e e e 0 NN A N L r A L N D = O 0 N N N B W L D -= Oo I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 6™ day of July, 2018, at Westlake Village, Califo David A. Leeds MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES PROPOUNDED TO DEFENDANT pg. 4 of 5 OO 0 9 Oa Ln BA WL W o N = ND D N D N N N N N D N D N = e e e e e l e e e l e e 0 NN O N L A W L = O O N Y D R A W N = O MEMORANDUM OF POINTS AND AUTHORITIES 1. THE COURT MAY ORDER VERIFIED ANSWERS TO INTERROGATORIES IN ANY CASE WHERE INTERROGATORIES ARE NOT TIMELY ANSWERED, AND MAY ORDER PAYMENT OF MONETARY SANCTIONS TO BE PAID FOR FAILURE TO RESPOND TO INTERROGATORIES WITHOUT SUBSTANTIAL JUSTIFICATION. Code of Civil Procedure, Section 2030.290 and Code of Civil Procedure, Section 2023.030. Defendant has failed to provide verified responses to Form Interrogatories even though a meet and confer letter (attached as Exhibit “B”) was sent regarding the same. Plaintiff requests that the court issue its order requiring full and complete verified responses to Form Interrogatories, without objection, and that sanctions in the amount of $685.00, representing five hours in attorneys fees at $125.00 per hour, plus $60.00 for the motion filing fee, be awarded to plaintiff. DATED: July 6, 2018 LAW OFFICES OF HARTSUYKER, STRATMAN & WILLIAMS-ABREGO Zz y: DAVIDA. LEEDS, Attorneys for Plaintiff FARMERS INSURANCE EXCHANGE MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES PROPOUNDED TO DEFENDANT pgs: 5 of 5 EXHIBIT “A” DISC-004 Law Offices of Hartsuyker, Stratman & Williams-Abrego TELEPHONE NO.: 818-540-4420 FAX NO. (Optiona): 818-540-4445 E-MAIL ADDRESS (Optiona: cindy.canchola@farmersinsurance.com ATTORNEY FOR (vam): Farmers Insurance Exchange ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): David A. Leeds 4607 Lakeview Canyon Rd., #275, Westlake Village, CA. 91361 SBN: 199603 SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE Central Justice Center 700 Civic Center Drive West, Santa Ana, CA 92701 SHORT TITLE: Farmers Insurance Exchange v. Maria Gonzalez Asking Party: Farmers Insurance Exchange Answering Party: Maria Gonzalez Set No.: One FORM INTERROGATORIES-LIMITED CIVIL CASES (Economic Litigation) CASE NUMBER: 30-2017-00938626 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 Interrogatorles approved for use In economic litigation. (b) For time limitations, requirements for service on other parties, and other detalls, 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 under economic litigation in limited civil cases. See Code of Civil Procedure sections 90 through 100. However, these interrogatories also may be used In unlimited civil cases. (b) There are restrictions on discovery for most limited civil cases. These restrictions limit the number of interrogatories that may be asked. For details, read Code of Civil Procedure section 94. (c) Some of these Interrogatories are similar to questions in the Case Questionnaire for Limited Civil Cases (form DISC-010) and may be omitted If the information sought has already been provided in a completed Case Questionnaire. (d) Check the box next to each Interrogatory that you want the answering party to answer. Use care in choosing those interrogatories that apply to the case and are within the restrictions discussed above. (e) You may insert your own definition of INCIDENT in Section 4, but only where the action arises from a course of conduct or a serles of events occurring over a period of time. (f) The interrogatories In section 116.0, Defendant's Conten- tions - Personal Injury, should not be used until defendant has had a reasonable opportunity to conduct an Investigation or discovery of plaintiff's injuries and damages. (g) Additional interrogatories may be attached, subject to the restrictions discussed above. Sec. 3. Instructions to the Answering Party (a) Subject to the restrictions discussed above, you must answer or provide another appropriate response to each Interragatory that has been checked below. Form Approved for Optional Use Judicial Council of California DISG-004 [Rsv. January 1, 2007} (b) As ageneral rule, within 30 days after you are served with these interrogatories, you must serve your responses on the asking party and serve coples of your responses on all other parties who have appeared. See Code of Civil Procedure sections 2030.260-2030.270 for details. (c) Each answer must be as complete and straight-forward as the Information reasonably available to you permits, If an interrogatory cannot be answered completely, answer it to the extent possible. (d) If you do not have enough personal knowledge to fully answer an Interrogatory, say so, but make a reasonable and good faith effort to get the information by asking other persons or organizations, unless the information Is equally available to the asking party. (e) Whenever an interrogatory may be answered by referring to a document, the document may be attached as an exhibit to the response and referred to In the response. If the document has more than one page, refer to the page and section where the answer to the interrogatory can be found. () Whenever an address and telephone number for the same person are requested in more than one Interrogatory, you are required to furnish them in answering only the first interrogatory asking for that information. (g) 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 thal the foregoing answers are true and correct. FORM INTERROGATORIES - LIMITED CIVIL CASES (Economic Litigation) (DATE) (SIGNATURE) Sec. 4. Definitions Words in BOLDFACE CAPITALS in these interrogatories are defined as follows: (Check one of the following): (a) (1) INCIDENT Includes the circumstances and events surrounding the alleged accident, injury, or other occurrence or breach of contract giving rise to this action or proceeding. Page 10f4 Code of Givil Procedure, §§ 94, 2030.010-2030.410, 2033.710 Westlaw Doc & Form Builder [] (2) INCIDENT means (insert your definition here or on a separate, attached sheet labeled "Sec. 4(a) (2)"): (b) YOU OR ANYONE ACTING ON YOUR BEHALF Includes you, your agents, your employees, your Insurance companies, their agents, 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, corporation, or public entity. (d) DOCUMENT means a writing, as defined in Evidence Code section 250, and Includes the original or a copy of hand- writing, typewriting, printing, photostating, photographing, electronically stored information, and every other means of recording upon any tangible thing and form of communicating or representation, Including letters, words, pictures, sounds, or symbols, or combinations of them. (e) HEALTH CARE PROVIDER includes any PERSON referred to in Code of Civil Procedure section 667.7(e)(3). (fy 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 101.0 Identity of Persons Answering These Interrogatories 102.0 General Background Information - Individual 103.0 General Background Information - Business Entity 104.0 Insurance 105.0 [Reserved] 106.0 Physical, Mental, or Emotional Injuries 107.0 Property Damage 108.0 Loss of income or Earning Capacity 109.0 Other Damages 110.0 Medical History 111.0 Other Claims and Previous Claims 112.0 Investigation - General 113.0 [Reserved] 114.0 Statutory or Regulatory Violations 115.0 Claims and Defenses 116.0 Defendant's Contentions - Personal Injury 117.0 [Reserved] 120.0 How the Incident Occurred - Motor Vehicle 125.0 [Reserved] 130.0 [Reserved] 135.0 [Reserved] 150.0 Contract 160.0 [Reserved] 170.0 [Reserved] 101.0 Identity of Persons Answering These interrogatories [] 101.1 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.) DISC-004 {Rev. January 1, 2007] FORM INTERROGATORIES-LIMITED CIVIL CASES DISC-004 102.0 General Background Information - Individual 102.1 State your name, any other names by which you have been known, and your ADDRESS. 102.2 State the date and place of your birth. 102.3 State, as of the time of the INCIDENT, your driver's license number, the state of issuance, the expiration date, and any restrictions. [] 102.4 State each residence ADDRESS for the last five years and the dates you lived at each ADDRESS. 102.5 State the name, ADDRESS, and telephone number of each employer you have had over the past five years and the dates you worked for each. [] 102.6 Describe your work for each employer you have had over the past five years. [] 102.7 State the name and ADDRESS of each academic or vocatlonal school you have attended, beginning with high school, and the dates you attended each. [] 102.8 If you have ever been convicted of a felony, state, for each, the offense, the date and place of conviction, and the court and case number. [] 102.9 State the name, ADDRESS, and telephone number of any PERSON for whom you were acting as an agent or employee at the time of the INCIDENT. 102.10 Describe any physical, emotional, or mental disability or condition that you had that may have contributed to the occurrence of the INCIDENT. 102.11 Describe the nature and quantity of any alcoholic beverage, marijuana, or other drug or medication of any kind that you used within 24 hours before the INCIDENT. 103.0 General Background Information - Business Entity [] 103.1 State your current business name and ADDRESS, type of business entity, and your title. 104.0 Insurance 104.1 State the name and ADDRESS of each insurance company and the policy number and policy limits of each policy that may cover you, in whole or in part, for the damages related to the INCIDENT. 105.0 [Reserved] 106.0 Physical, Mental, or Emotional Injuries 106.1 Describe each Injury or lliness related to the INCIDENT. [] 106.2 Describe your present complaints about each Injury or lliness related to the INCIDENT. ] 106.3 State the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER who treated or examined you for each injury or lliness related to the INCIDENT and the dates of treatment or examination. Page 20f4 (Economic Litigation) ] 106.4 State the type of treatment or examination given to you by each HEALTH CARE PROVIDER for each injury or iliness related to the INCIDENT. [] 106.5 State the charges made by each HEALTH CARE PROVIDER for each injury or lliness related to the INCIDENT. [] 106.6 State the nature and cost of each health care service related to the INCIDENT not previously listed (for example, medication, ambulance, nursing, prosthetics). [] 106.7 State the nature and cost of the health care services you anticipate in the future as a result of the INCIDENT. [] 106.8 State the name and ADDRESS of each HEALTH CARE PROVIDER who has advised you that you may need future health care services as a result of the INCIDENT. 107.0 Property Damage [] 107.1 Itemize your property damage and, for each item, state the amount or attach an itemized bill or estimate. 108.0 Loss of Income or Earning Capacity [] 108.1 State the name and ADDRESS of each employer or other source of the earnings or income you have lost as a result of the INCIDENT. J 108.2 Show how you compute the earnings or income you have lost, from each employer or other source, as a result of the INCIDENT. ] 108.3 State the name and ADDRESS of each employer or other source of the earnings or Income you expect to lose in the future as a result of the INCIDENT. [] 108.4 Show how you compute the earnings or income you expect to lose In the future, from each employer or other source, as the result of the INCIDENT. 109.0 Other Damages [] 109.1 Describe each other item of damage or cost that you attribute to the INCIDENT, stating the dates of occurrence and the amount. 110.0 Medical History 110.1 Describe and give the date of each complaint or Injury, whether occurring before or after INCIDENT, that involved the same part of your body claimed to have been injured In the INCIDENT. J 110.2 State the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER who examined or treated you for each injury or complaint, whether occurring before or after the INCIDENT, that Involved the same part of your body claimed to have been Injured in the INCIDENT and the dates of examination or treatment. DISC-004 111.0 Other Claims and Previous Claims [] 111.1 Identify each personal injury claim that YOU OR ANYONE ACTING ON YOUR BEHALF have made within the past ten years and the dates. [] 111.2 State the case name, court, and case number of each personal injury action or claim filed by YOU OR ANYONE ACTING ON YOUR BEHALF within the past ten years. 112.0 Investigation - General 112.1 State the name, ADDRESS, and telephone number of each individual who has knowledge of facts relating to the INCIDENT, and specify his or her area of knowledge. 112.2 State the name, ADDRESS, and telephone number of each individual who gave a written or recorded statement relating to the INCIDENT and the date of the statement. 112.3 State the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of a written or recorded statement relating to the INCIDENT. 112.4 Identify each document or photograph that describes or depicts any place, object, or individual concerning the INCIDENT or plaintiff's injuries, or attach a copy. (If you do not attach a copy, state the name, ADDRESS, and telephone number of each PERSON who had the original document or photograph or a copy.) 112.5 Identify each other item of physical evidence that shows how the INCIDENT occurred or the nature or extent of plaintiff's Injuries, and state the location of each item, and the name, ADDRESS, and telephone number of each PERSON who has it. 113.0 [Reserved] 114.0 Statutory or Regulatory Violations 114.1 If you contend that any PERSON Involved In the INCIDENT violated any statute, ordinance, or regulation and that the violation was a cause of the INCIDENT, Identify each PERSON and the statute, ordinance, or regulation. 115.0 Claims and Defenses [] 115.1 State in detail the facts upon which you base your claims that the PERSON asking this interrogatory Is responsible for your damages. 115.2 State In detall the facts upon which you base your contention that you are not responsible, In whole or in part, for plaintiff's damages. 115.3 State the name, ADDRESS, and the telephone number of each PERSON, other than the PERSON asking this interrogatory, who is responsible, in whole or in part, for damages claimed In this action. DISG-004 [Rev. January 1, 2007] FORM INTERROGATORIES-LIMITED CIVIL CASES Page3 of 4 (Economic Litigation) 116.0 Defendant's Contentions ~ Personal Injury [See Instruction 2(f)] [] 116.1 Ifyou contend that any PERSON, other than you or plaintiff, contributed to the occurrence of the INCIDENT or the Injurles or damages claimed by plaintiff, state the name, ADDRESS, and telephone number of each individual who has knowledge of the facts upon which you base your contention. [] 116.2 If you contend that plaintiff was not injured in the INCIDENT, state the name, ADDRESS, and telephone number of each individual who has knowledge of the facts upon which you base your contention. [] 116.3 If you contend that the injuries or the extent of the Injuries claimed by plaintiff were not caused by the INCIDENT, state the name, ADDRESS, and telephone number of each Individual who has knowledge of the facts upon which you base your contention. [] 116.4 If you contend that any of the services furnished by any HEALTH CARE PROVIDER were not related to the INCIDENT, state the name, ADDRESS, and telephone number of each individual who has knowledge of the facts upon which you base your contention. J 116.5 If you contend that any of the costs of services furnished by any HEALTH CARE PROVIDER were unreasonable, Identify each service that you dispute, the cost, and the HEALTH CARE PROVIDER. ] 116.6 If you contend that any part of the loss of earnings or income claimed by plaintiff was unreasonable, Identify each part of the loss that you dispute and each source of the Income or earnings. 116.7 If you contend that any of the property damage claimed by plaintiff was not caused by the INCIDENT, Identify each item of property damage that you dispute. 116.8 If you contend that any of the costs of repalring the property damage claimed by plaintiff were unreasonable, Identify each cost item that you dispute. J] 11 6.9 If you contend that, within the last ten years, plaintiff made a claim for personal injuries that are related to the Injuries claimed in the INCIDENT, identify each related injury and the date. [] 116.10 If you contend that, within the past ten years, plaintiff made a claim for personal Injurles that are related to the Injuries claimed In the INCIDENT, state the name, court, and case number of each action filed. 117.0 [Reserved] 120.0 How the Incident Occurred - Motor Vehicle 120.1 State how the INCIDENT occurred. 120.2 For each vehicle Involved In the INCIDENT, state the year, make, model, and license number. 120.3 For each vehicle involved In the INCIDENT, state the name, ADDRESS, and telephone number of the driver. DISC-004 |Rev. January 1, 2007] FORM INTERROGATORIES-LIMITED CIVIL CASES {Economic Litigation) DISC-004 120.4 For each vehicle Involved In the INCIDENT, state the name, ADDRESS, and telephone number of each occupant other than the driver. 120.5 For each vehicle Involved in the INCIDENT, state the name, ADDRESS, and telephone number of each regis- tered owner. 120.6 For each vehicle involved in the INCIDENT, state the name, ADDRESS, and telephone number of each lessee. 120.7 For each vehicle involved in the INCIDENT, state the name, ADDRESS, and telephone number of each owner other than the registered owner or lien holder. 120.8 For each vehicle involved in the INCIDENT, state the name of each owner who gave permission or consent to the driver to operate the vehicle. 150.0 Contract [] 150.1 Identify all DOCUMENTS that are part of the agreement and for each state the name, ADDRESS, and telephone number of the PERSON who has each DOCU- MENT. [] 150.2 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. [] 150.3 Identify all DOCUMENTS that evidence each part of the agreement not in writing, and for each state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. [] 150.4 Identify all DOCUMENTS that are part of each mod- Ification to the agreement, and for each state the name ADDRESS, and telephone number of the PERSON who has each DOCUMENT. ] 150.5 State each modification not In writing, the date, and the name, ADDRESS, and telephone number of the PERSON agreeing to the modification, and the date the modification was made. ] 150.6 Identify all DOCUMENTS that evidence each modification of the agreement not in writing and for each state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. ] 150.7 Describe and give the date of every act or omission that you claim Is a breach of the agreement. [] 150.8 Identify each agreement excused and state why per- formance was excused. 150.9 Identify each agreement terminated by mutual agree- ment and state why it was terminated, including dates. [] 150.10 Identify each unenforceable agreement and state the facts upon which your answer Is based. ] 150.11 Identify each ambiguous agreement and state the facts upon which your answer Is based. Page 4 of4 OO 0 NN A n A W N = N N D N D N N N N N N E I R R B V B I V I R E T T IT a x = 0 = o PROOF OF SERVICE (C.C.P. §§1013a, 2015.5 and FRCP 5) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES: I am a citizen of the United States, over the age of eighteen years and not a party to t he within entitled action. Iam employed at 31051 Agoura Rd., Westlake Village, California 91361. On 4/ [ 9 [ Vo , I served the attached described document: FORM INTERROGATORIES on the interested party(ies) in said action, by placing a true copy thereof, enclosed in a seal ed envelope, addressed as follows: Maria Gonzalez, In Pro Per 3284 Vista Terrace Riverside, CA. 92503 and served the named document in the manner indicated below: [XX] BY MAIL: I caused true and correct copies of the above documents, by foll owing ordinary business practices, to be placed and sealed in envelope(s) addressed to the addressee(s), at the offices of LAW OFFICES OF HARTSUYKER, STRATMAN & WILLIAMS-ABREGO, 31051 Agoura Road, Westlake Villag e, California 91361, for collection and mailing with the United States Postal Service, and in the ordinary course of business, correspondence placed for collection on a particular day is deposited with the United States Postal Service that same day. 1am aware that on motion of the party served, service is presumed invalid if postal can cellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ 1] BY FACSIMILE: I caused a copy(ies) of such document(s) to be transmitted via facsimile machine. The fax number of the machine from which the document was transmitted was fa x number: (818) 540- 4445. The fax number(s) of the machine(s) to which the document(s) were transmitted are liste d above. The fax transmitted was reported as complete and without error. I caused the transn itting facsimile m achine to print a transmission record of the transmission, a copy of which is/aftached to this declaratio n. er-fté laws of th 2) [XX] (STATE) 1 declare under penalty pf perjysy und e of California that the i foregoing is true and correct. Executed on , at Westlak e Village, California. < dy Canchola EXHIBIT “B” David A. Leeds Law Offices of Karen J. Bernard Michael F. Kushner Supervising Attorney Kevin H. Park HARTSUYKER, STRATMAN & (818) 540-4441 Also licensed in PA WILLIAMS-ABREGO Michael D. Schoeck Also licensed in DC, NJ and NY Not a Partnership Megan A. Sarrail Employees of Farmers Insurance Exchange, Ana F. Estephan a Member of the Farmers Insurance Group of Companies 4607 Lakeview Canyon Road, Suite 275 Westlake Village, CA 91361 Telephone: (818) 540-4420 Facsimile: (818) 540-4445 May 25,2018 Maria Gonzalez 3284 Vista Terrace Riverside, CA 92503 RE: Farmers Insurance Exchange v. Maria Gonzalez Case No. g 30-2017-00938626-CL-PA-CIC Claim No. : 3007269435 Dear Ms. Gonzalez: To date, we have not received responses to the Form Interrogatories and Request for Production of Documents served on April 19, 2018. Your responses are now past due. Pursuant to Code of Civil Procedure, §§ 2030.290 and 2031.300, any and all objections to the foregoing discovery have been waived. In an effort to avoid bringing Motions to Compel, we shall unilaterally grant you an extension to respond, without objections, to June 4, 2018. Please be advised that if we do not receive your complete verified discovery responses by such date, without objections, we shall have no alternative but to bring the appropriate discovery motions. Very truly yours, 0) AN & WILLIAMS-ABREGO 1 eeds David/A © 0 9 O&O nv A WwW o N = N O N N N N N N N O N o e m e m e d p d p d p d p d ed 0 NN O N Un AA W N = O O VL O N PE E W N -= OO PROOF OF SERVICE (C.C.P. §§1013a, 2015.5 and FRCP 5) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES: I am a citizen of the United States, over the age of eighteen years and not a party to the within entitled action. I am employed at 31051 Agoura Rd., Westlake Village, California 91361. On 7 >, [ [ 0 , I served the attached described document: NOTICE OF MOTION AND MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES PROPOUNDED TO DEFENDANT AND REQUEST FOR SANCTIONS; DECLARATION OF DAVID A. LEEDS; MEMORANDUM OF POINTS AND AUTHORITIES; [PROPOSED] ORDER on the interested party(ies) in said action, by placing a true copy thereof, enclosed in a sealed envelope, addressed as follows: Maria Gonzalez, In Pro Per 3284 Vista Terrace Riverside, CA. 92503 and served the named document in the manner indicated below: [XX] BY MAIL: I caused true and correct copies of the above documents, by following ordinary business practices, to be placed and sealed in envelope(s) addressed to the addressee(s), at the offices of LAW OFFICES OF HARTSUYKER, STRATMAN & WILLIAMS-ABREGO, 31051 Agoura Road, Westlake Village, California 91361, for collection and mailing with the United States Postal Service, and in the ordinary course of business, correspondence placed for collection on a particular day is deposited with the United States Postal Service that same day. Iam aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [1] BY FACSIMILE: I caused a copy(ies) of such document(s) to be transmitted via facsimile machine. The fax number of the machine from which the document was transmitted was fax number: (818) 540- 4445. The fax number(s) of the machine(s) to which the document(s ¢ transmitted are listed above. The fax imile machine to print a [XX] (STATE) I declare under penalty pf, Vi under the-laws S of California that the foregoing is true and correct. Executed on F [ gd x ; foie Village, California. indy Canchola