Alma Delgadillo vs. Certified Auto, Inc.Motion to Compel Answers to InterrogatoriesCal. Super. - 4th Dist.December 29, 201715 16 17 18 BRAD A. MOKRI, SBN: 208213 LAW OFFICES OF MOKRI & ASSOCIATES 1851 E. First Street, Suite 900 Santa Ana, California92705 Telephone No.: (714) 619-9395 Facsimile No.: (888) 342-1406 Attorney for Defendant, CERTIFIED AUTO, INC. SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE — CENTRAL JUSTICE CENTER ALMA DELGADILLO AND GABRIEL DELGADILLQO, an individual, Plaintiff, Vs. CERTIFIED AUTO, INC.; SAVON FINANCIAL, a California Corporation; and DOES 1 through 30, inclusive, Defendants. Ne er ? M e e ? M e M e e Me M e e M e e ? M e t N e t e a S c e t e a ? oc M e e N e t a c t e t Me es ei t Ne e N e s e a ? N o e d TO THE ABOVE-ENTITLED COURT, AND TO ALL PLAINTIFFS, AND THEIR ATTORNEYS, IF ANY: PLEASE TAKE NOTICE that on or about September 06, 2018, at 1:30 p.m., in Department C-18 of the above-entitled Court located at 700 Civic Center Drive West, Santa Ana, ELECTROMICALLY FILED Superior Court of California, County of Orange 08/09/2018 at 04:42:00 FM Clark of the Superior Court By Jeanette Torres-Mendoza, Deputy Clerk Case No.: 30-2017-00964282 Unlimited Jurisdiction Assigned or all purposes to the Hon. Theodore R. Howard, Dept. C-18 PLAINTIFE’S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO DEFENDANT’S FORM INTERROGATORIES SET ONE AND REQUEST FOR IMPOSITION OF MONETARY SANCTIONS ON PLAINTIFF AND HIS ATTORNEYS OF RECPRD; DECLARATION OF BRAD A. MOKRI; MEMORANDUM OF POINTS AND AUTHORITIES [Concurrently Filed With Separate Statement. ] Hearing Information: Date: September 06, 2018 Time: 1:30 p.m. Dept.: C-18 Reservation #:72868041 MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES -1 California, DEFENDANT CERTIFIED AUTO, INC., will move the Court for an Order Compelling Plaintiff GABRIEL DELGADILLO, to serve verified further responses to Defendant's Set One of Form Interrogatories, #17.1, and # 50.1 This motion is based on the grounds that Plaintiff served verified responses to Defendant's Set One of Form Interrogatories with improper and impermissible objections pursuant to §2030.300(a) of Cal. Code of Civ. Proc., and also failed to provide code compliant responses to Form Interrogatory 17.1, and a response to Form Interrogatory 50.1. This motion is also based on §2030.300(a) of Cal. Code of Civ. Proc., the Declaration of Brad A. Mokri; the accompanying Memorandum of Points and Authorities; the concurrently filed Separate Statement; and upon any other evidence or matter the Court may entertain at the time of the hearing on the motion. By way of this motion Defendant is also seeking the imposition of monetary sanctions in the sum of $3,210.00, pursuant to §§2023.020 and 2030.300(d) of Cal. Code of Civ. Proc, against Plaintiff GABRIEL DELGADILLO, and/or his attorneys of record Nima Heydari and Kasra Sadr and The Sadr Law Firm, APLC. Respectfully Submitted Date: August 09, 2018 Law Offices Of Mokri & Associates By: AA A —, Brad A. Moki, Attorney for Defendant CERTIFIED AUTO, INC. MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES -2 15 16 17 18 MEMORANDUM OF POINTS AND AUTHORITIES L INTRODUCTION This case arises out of a claim for damages brought by Plaintiffs against Defendant, when Plaintiffs discovered that the vehicle they purchased from Defendant had prior damage, and had allegedly been in a prior accident, among other defects alleged by Plaintiffs in their Complaint. As more fully set forth in the attached declaration of Brad Moki, in an effort to obtain information and evidence critical to Defendant's case in chief, Defendant served set one of Form Interrogatories, along with other forms of discovery, on Plaintiffs by way of Plaintiffs’ counsel, on or about May 7, 2018. [Exhibit A] On or about June 21, 2018, Plaintiff served verified responses to Defendant's set one of Form Interrogatories, interposing general objections to each request. [Exhibit B] As such, on or about July 6, 2018, Defendant by way of its counsel and pursuant to §2016.040 of Cal. Code of Civ. Proc., served a meet and confer letter on Plaintiff's counsel, wherein Defendant's counsel specifically pointed out that the responses were non-compliant, the objections were meritless, and as such further responses were required. [Exhibit C] On or about July 10, 2018, Plaintiff by way of his counsel replied to Defendant's catmsells July 6, 2018, meet and confer letter, and promised to supply further responses. [Exhibit D] To date, Plaintiff has failed to serve further verified responses to Defendant's Form Interrogatories. To that end, Defendant respectfully requests that the Court compel Plaintiff to serve further verified responses to Defendant's Form Interrogatories, set one. IL FURTHER RESPONSES ARE WARRANTED §2030.300(a) of Cal. Code of Civ. Proc., states as follows: " (a) On receipt of a response to interrogatories, the propounding party may move for an order compelling a further response if the propounding party deems that any of the Sfollowing apply: (1) An answer to a particular interrogatory is evasive or incomplete. (2) An exercise of the option to produce documents under Section 2030.230 is MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES -3 ~» unwarranted or the required specification of those documents is inadequate. (3) An objection to an interrogatory is without merit or too general.” It is undeniable that Plaintiff's verified responses are out of compliance with the mandated statutory requirements with reference to the objections asserted to each of the individually numbered form interrogatories. They are also out of compliance for Plaintiff's failure to respond to form interrogatory 50.1, and to provide incomplete responses to form interrogatory 17.1. As explained in detail in the accompanying Separate Statement, Plaintiff has asserted the same set of general objections, which is not code compliant. It is as if Plaintiff could not be bothered to examine each request and provide objections that specifically address each request. It is also undeniable that after Defendant served its meet and confer letter on Plaintiff's counsel pointing out the defects with Plaintiff's responses, and Plaintiff's counsel promised that further responses would be forthcoming. However, as of the making of this motion, further responses have not materialized. §2030.300 of Cal. Code of Civ. Proc., authorizes Plaintiff to move to compel Defendant's further verified responses without objections to Plaintiff's Set One of Form Interrogatories. As such, the Court should compel Plaintiff to serve further verified written responses to Defendant's Set one of Form Interrogatories. III. IMPOSITION OF MONETARY SANCTIONS IS WARRANTED §2030.300(d) of Cal. Code of Civ. Proc., states as follows: "(d) The court shall impose a monetary sanction under Chapter 7 (commencing with Section 2023.010 ) against any party, person, or attorney who unsuccessfully makes or opposes a motion to compel a further response to interrogatories, unless it finds that the one subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.” §2023.020 of Cal. Code of Civ. Proc., states as follows: MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES -4 "Notwithstanding the outcome of the particular discovery motion, the court shall impose a monetary sanction ordering that any party or attorney who fails to confer as required pay the reasonable expenses, including attorney's fees, incurred by anyone as a result of that conduct.” It is evident from the Declaration of Brad A. Mokri, and the stance taken by Plaintiff and his counsel, that they are complicit in abusive discovery conduct. There is no circumstance under which it may be stated that Plaintiff or his counsel acted with substantial justification or that other circumstances make the imposition of sanctions unjust, especially after promising to serve further responses and did not. Per the Declaration of Brad A. Mokri, the imposition of monetary sanctions in the sum of $3,210.00 against Plaintiff and Plaintiff's attorneys of record Nima Heydari and Kasra Sadr and The Sadr Law Firm are warranted. IV. CONCLUSION For the foregoing reasons, it is respectfully requested that the Court grant Defendant's motion, that Plaintiff be compelled to serve verified responses to Defendant's Set One of Form Interrogatories, and that monetary sanctions in the sum of $3,210.00 be imposed against Plaintiff and Plaintiff's counsel for their discovery abuse and misconduct. Respectfully Submitted Date: August 09, 2018 Law Offices Of Mokri & Associates or HA AN Brad A. Mokri, Attorney for Defendant CERTIFIED AUTO, INC. MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES -5 10 11 12 14 15 16 17 18 19 DECLARATION OF BRAD A. MOKRI I, Brad A. Mokri, declare as follows: 1. I am an attorney duly licensed to practice law before all the Courts of the State of California, and I am the attorney of record for Defendant Certified Auto, Inc., in this action. The matters set forth in this declaration are within my personal knowledge to which I am able to competently testify. 2. On or about May 7, 2018, I caused Plaintiff's Set One of Form Interrogatories to be served by mail on Plaintiff Gabriel Delgadillo, by way of Mr. Delgadillo's counsel. [Exhibit A] Ai On or about June 21, 2018, I received Plaintiff's verified responses to the Form Interrogatories, Set One. [Exhibit B] 4. After reviewing the responses, I assessed that the responses were inadequate based on the improper and evasive objections to each form interrogatory. Also, Plaintiff's responses to Form Interrogatory 17.1 were incomplete and not code compliant. Plaintiff had also not provided a response to Form Interrogatory 50.1. As such, on or about July 6, 2018, I sent a meet and confer letter to Plaintiff's’ counsel detailing the impropriety of the objections, and the need for further responses. [Exhibit C] 5. On or about July 10, 2018, I received a response from Plaintiff's co-counsel Nima Heydari to my meet and confer letter. Mr. Heydari promised that supplemental responses to Form Interrogatory 17.1 and 50.1 would be provided by week's end. [Exhibit D — Nima Heydari July 10, 2018, responsive letter to Declarant's Meet and Confer letter.] 6. From and after July 10, 2018, no further responses were received from Plaintiff, despite his counsel's promise to do so. 7. In light of the unacceptable responses served by Plaintiff, I have been forced into filing the current motion to compel. Had Plaintiff's counsel actually complied with the discovery requests instead of playing games, this motion to compel would not have been needed. 8. I have been a practicing attorney and litigator since August of 2000, and my hourly rate is $350.00. I have spent 4 hours preparing this motion and the accompanying MOTION TQ COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES -6 13 14 15 16 17 Separate statement. I will spend 3 additional hours reviewing Plaintiffs’ opposition and preparing a reply thereto, and at least another 2 hours traveling to and from Court to argue the motion. As such, T will spend a total of 9 hours on this motion, as well as payment of $60.00 for the cost of the motion. It is thus respectfully requested that the sum of $3,210.00, in monetary sanctions be imposed against Plaintiffs and their counsel of records Nima Heydari, Kasra Sadr, and The Sadr Law Firm. I declare under penalty of perjury and the laws of the State of California that the foregoing is true and correct as executed the 9" day of August 2018, in Santa Ana, California. Brad A. Moki MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES 7 EXHIBIT “A” DISC-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, St: | BRAD A. MOKRI LAW OFFICES OF MOKRI & ASSOICATES 1851 E. FIRST STREET, SUITE 200 SANTA ANA, CALIFORNIA 92705 numher, and address): TeLEPHoNENO: (714) 619-8385 FAX MO. (Optional): (B88) 342-1406 E-MAIL ADDRESS (Cptiana): ATTORNEY FOR (Name): DEFENDANT CERTIFIED AUTO, INC. SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE SUPERIOR COURT OF CALIFORNIA CENTRAL JUSTICE CENTER SHORT TITLE OF CASE: DELGADILLO V. CERTIFIED AUTO, INC. Asking Party: DEFENDANT CERTIFIED AUTO, INC. Answering Party: PLAINTIFF GABRIEL DELGADILLO Set No.: ONE (1) FORM INTERROGATORIES—GENERAL CASE NUMBER: 30-2017-00964282 Sec. 1. Instructions to All Parties (a) Interrogatories are written questions prepared by a party to an action that are sent to any other party in the action to be answered under oath. The interrogatories below are form interrogatories approved for use in civil cases. (by For time limitations, requirements for service on other parties, and other details, see Code of Civil Procedure sections 2030.010-2030.410 and the cases construing those sections. (c) These form interrogatories do not change existing law relating to interrogatories nor do they affect an answering party's right to assert any privilege or make any objection. Sec. 2. Instructions to the Asking Party (a) These interrogatories are designed for optional use by parties in unlimited civil cases where the amount demanded exceeds $25,000. Separate interrogatories, Form Interrogatories—Limited Civil Cases (Economic Litigation) (form DISC-004), which have no subparts, are designed for use in limited civil cases where the amount demanded is $25,000 or less; however, those interrogatories may also be used in unlimited civil cases. (b) Check the box next to each interrogatory that you want the answering party to answer. Use care in choosing those interrogatories that are applicable to the case. (c) You may insert your own definition of INCIDENT in Section 4, but only where the action arises from a course of conduct or a series of events occurring over a period of time. (dy The interrogatories in section 16.0, Defendant's Contentions—Personal Injury, should not be used until the defendant has had a reasonable opportunity to conduct an investigation or discovery of plaintiff's injuries and damages. (e) Additional interrogatories may be attached. Sec. 3. Instructions to the Answering Party (a) An answer or other appropriate response must be given to each interrogatory checked by the asking party. (b) As a general rule, within 30 days after you are served with these interrogatories, you must serve your responses on the asking party and serve copies of your responses on all other parties to the action who have appeared. See Code of Civil Procedure sections 2030.260-2030.270 for details. Form Approved for Optional Use Judicial Council of California DISC-081 [Rev. January 1, 2008} FORM INTERROGATORIES—GENERAL (c) Each answer must be as complete and straightforward as the information reasonably available to you, including the information possessed by your attorneys or agents, permits. If an interrogatory cannot be answered completely, answer it to the extent possible. (d) If you do not have enough personal knowledge to fully answer an interrogatory, say so, but make a reasonable and good faith effort to get the information by asking other persons or organizations, unless the information is equally available to the asking party. (e) Whenever an interrogatory may be answered by referring to a document, the document may be attached as an exhibit to the response and referred to in the response. If the document has more than one page, refer to the page and section where the answer to the interrogatory can be found. (fh 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) 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. (DATE) {SIGNATURE) Sec. 4. Definitions Words in BOLDFACE CAPITALS in these interrogatories are defined as follows: (a) (Check one of the following): (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. Legal Soltions Plus Page 1 of B Code of Civil Procedure, §§ 2030.010-2030.410, 2033710 [J (2) INCIDENT means (insert your definition here or on a separate, attached sheet labeled "Sec. 4(a)(2)"): {(b) YOU OR ANYONE ACTING ON YOUR BEHALF includes you, your agents, your employees, your insurance companies, their agents, their employees, your attorneys, your accountants, your investigators, and anyone else acting on your behalf. (c) PERSON includes a natural person, firm, association, organization, partnership, business, trust, limited liability company, corporation, or public entity. (d) DOCUMENT means a writing, as defined in Evidence Code section 250, and includes the original or a copy of handwriting, typewriting, printing, photostats, photographs, electronically stored information, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them. (e) HEALTH CARE PROVIDER includes any PERSON referred to in Code of Civil Procedure section 667.7(e)(3). () ADDRESS means the street address, including the city, state, and zip code. Sec. 5. Interrogatories The following interrogatories have been approved by the Judicial Council under Code of Civil Procedure section 2033.710; CONTENTS 1.0 Identity of Persons Answering These Interrogatories 2.0 General Background Information—Individual 3.0 General Background Information—Business Entity 4.0 Insurance 5.0 [Reserved] 6.0 Physical, Mental, or Emotional Injuries 7.0 Property Damage 8.0 Loss of Income or Earning Capacity 9.0 Other Damages 10.0 Medical History 11.0 Other Claims and Previous Claims 12.0 Investigation — General 13.0 Investigation — Surveillance 14.0 Statutory or Regulatory Violations 15.0 Denials and Special or Affirmative Defenses 16.0 Defendant's Contentions Personal Injury 17.0 Responses to Request for Admissions 18.0 [Reserved] 19.0 [Reserved] 20.0 How the Incident Occurred—Motor Vehicle 25.0 [Reserved] 30.0 [Reserved] 40.0 [Reserved] 50.0 Contract 60.0 [Reserved] 70.0 Unlawful Detainer [See separate form DISC-003] 101.0 Economic Litigation {See separate form DISC-004] 200.0 Employment Law [See separate form DISC-002] Family Law [See separate form FL-145] — DISC-001 1.0 Identity of Persons Answering These Interrogatories 1.1 State the name, ADDRESS, telephone number, and relationship to you of each PERSON who prepared or assisted in the preparation of the responses to these interrogatories. (Do not identify anyone who simply typed or reproduced the responses.) 2.0 General Background Information—individual 2.1 State: (a) your name; (b) every name you have used in the past; and (c) the dates you used each name. 2.2 State the date and place of your birth. 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, slate: (a) the state or other issuing entity; (b) the license number and type; (c) the date of issuance; and (d) all restrictions. 2.5 State: (a) your present residence ADDRESS; (b) your residence ADDRESSES for the past five years: and (c) the dates you lived at each ADDRESS. 2.6 State: (a) the name, ADDRESS, and telephone number of your present employer or place of self-employment; and (b) the name, ADDRESS, dates of employment, job title, and nalure 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 convicled 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. 2.9 Can you speak English with ease? If not, what language and dialect do you normally use? 2.10 Can you read and write English with ease? If not, what language and dialect do you normally use? DISC-003 [Rev, January 3, 2008] FORM INTERROGATORIES—GENERAL Page 2of 8 2.11 At the time of the INCIDENT we.c 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 condition contributed to the occurrence of the INCIDENT. 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: aicoholic 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; = () the name, ADDRESS, and telephone number of each person who was present when each substance was used or taken; and {(g) the name, ADDRESS, and telephone number of any HEALTH CARE PROV!DER who prescribed or furnished the substance and the condition for which it was prescribed or furnished. 3.0 General Background Information — Business Entity 1] 3.1 Are you a corporation? If so, state: (a) the name stated in the current articles of incorporation; {b) all other names used by the corporation during the past 10 years and the dates each was used, (c} the date and place of incorporation; (d) the ADDRESS of the principal place of business; and (8) whether you are qualified to do business in California. [1] 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. L_} 3.3 Are you a limited liability company? If so, state: (a) the name stated in the current articles of organization; (b) all other names used by the company during the past 10 years and the date each was used, {(c) the date and place of filing of the articles of organization; (d) the ADDRESS of the principal place of business; and (e) whether you are qualified to do business in California. — DISC-001 [1 3.4 Are you a jon... 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: (8) the current unincorporated association name; (b) all other names used by the unincorporated association during the past 10 years and the dates each was used; and (c) the ADDRESS of the principal place of business. 3.6 Have you done business under a fictitious name during the past 10 years? If so, for each fictitious name state: (a) the name; (b) the dates each was used; (c) the state and county of each fictitious name filing; and (d) the ADDRESS of the principal place of business. 3.7 Within the past five years has any public entity regis- tered or licensed your business? If so, for each license or registration: (a) identify the license or registration; (b) state the name of the public entity; and (c) state the dates of issuance and expiration. Insurance 4.1 At the 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 lype of coverage con- tained in the palicy; (fy whether any reservation of rights or controversy or coverage dispute exists between you and the insurance company; and (g) the name, ADDRESS, and telephone number of the custodian of the policy. [1 4.2 Are you self-insured under any statute for the damages, claims, or actions that have arisen out of the INCIDENT? If s0, specify the statute. 5.0 [Reserved] 6.0 Physical, Mental, or Emotional Injuries {16.1 Do you attribute any physical, mental, or emotional injuries to the INCIDENT? (If your answer is "no," do not answer interrogatories 6.2 through 6.7). [16.2 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 3of 8 [__1 6.3 Do you still have any complaints that you attribute to the INCIDENT? If so, for each complaint state: (a) a description; {b) whether the complaint is subsiding, remaining the same, or becoming worse; and (c) the frequency and duration. [_16.4Did you receive any consultation or examination {except from expert witnesses covered by Code of Civil Procedure sections 2034.210-2034.310) or treatment from a HEALTH CARE PROVIDER for any injury you attribute to the INCIDENT? If so, for each HEALTH CARE PROVIDER state: (a) the name, ADDRESS, and telephone number; (b} the type of consultation, examination, or treatment provided, (c) the dates you received consultation, examination, or freatment; and (d) the charges to date. 1] 6.5 Have you taken any medication, prescribed or not, as a result of injuries that you attribute to the INCIDENT? If so, for each medication state: (a) the name; (b) the PERSON who prescribed or furnished it; (c) the date it was prescribed or furnished; (d) the dates you began and stopped taking it; and (e) the cost to date. [7] 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. {1 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. treatment. 7.0 Property Damage [17.1 Do you attribute any loss of or damage to a vehicle or other property to the INCIDENT? If so, for each item of property: (a) describe the property; {b) describe the nature and location of the damage to the property; DISC-001 (c) state the amount of damage you are claiming for 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. [17.2 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. [17.3 Has any item of properly 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. 8.0 Loss of Income or Earning Capacity 8.1 Do you attribute any loss of income or earning capacity to the INCIDENT? (if your answer is "no," do not answer interrogatories 8.2 through 8.8). 8.2 Stale: (a) the nature of your work; {b) your job title at the time of the INCIDENT; and (c) the date your employment began. 8.3 State the last date before the INCIDENT that you worked for compensation. 8.4 State your monthly income at the time of lhe INCIDENT and how the amount was calculated. 8.5 State the date you returned to work at each place of employment following the INCIDENT. 8.6 State the dates you did not work and for which you lost income as a result of the INCIDENT. : 8.7 State the total income you have lost to date as a result of the INCIDENT and how the amount was calculated. 8.8 Will you lose income in the future as a result of the INCIDENT? If so, state: (a) the facts upon which you base this contention; (b) an estimate of the amount; (c} an estimate of how long you will be unable to work; and {(d) how the claim for future income is calculated. DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 4of 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 Doany DOCUMENTS support the existence or amount of any item of damages claimed in interrogatory 9.1? | so, describe each document and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT. 10.0 Medical History [1 10.1 At any time before the INCIDENT did you have com- plaints or injuries that involved the same part of your body claimed to have been injured in the INCIDENT? If so, for each state: (2) a description of the complaint or injury; (b) the dates it began and ended; and (c) the name, ADDRESS, and telephone number of 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 aftribute any mental or emotional injury to the INCIDENT.) 10.3 At any time after the INCIDENT, did you susiain injuries of the kind for which you are now claiming damages? If so, for each incident giving rise lo an injury state: (a) the date and the place it occurred; (b) the name, ADDRESS, and telephone number of any other PERSON involved; (c) the nature of any injuries you sustained; (d) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER who you consulted or who examined or treated you; and (e) the nature of the treatment and its duration. 11.0 Other Claims and Previous Claims [1 11.1 Except for this action, in the past 10 years have you filed an action or made a written claim or demand for compensation for your personal injuries? If so, for each action, claim, or demand state: (a) the date, time, and piace and location (closest street ADDRESS ar intersection) of the INCIDENT giving rise fo 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 (¢) 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; {g) whether the claim or action has been resolved or is pending; and () a description of the injury. [J 11.2 In the past 10 years have you made a written claim or demand for workers' compensation benefits? If so, for each claim or demand state: (a) the date, time, and place of the INCIDENT giving rise to the claim; (b) the name, ADDRESS, and telephone number of your employer at the time of the injury; {(c}) the name, ADDRESS, and telephone number of the workers’ compensation insurer and the claim number; (d) the period of time during which you received workers’ compensation benefits; {e) a description of the injury; () the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER who provided services; and (g) 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 s0, 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 stale: (a) the name, ADDRESS, and telephone number of the individual from whom the statement was obtained; (b) the name, ADDRESS, and telephone number of the individual who obtained the statement; (c) the date the statement was obtained; and (d) the name, ADDRESS, and telephone number of each PERSON who has the original statement or a copy. DISC-001 |Rav. January 1. 2008] FORM INTERROGATORIES—GENERAL Page Saf 8 13.0 DISC-081 [Rev. January 1, 2008) 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: (2) the number of photographs or feet of film or videotape; {b) the places, objects, or persons photographed, filmed, or videotaped; (c) the date the photographs, films, or videotapes were taken; (d) the name, ADDRESS, and telephone number of the individual taking the photographs, films, or videotapes; and 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 (except for items developed by expert witnesses covered by Code of Civil Procedure sections 2034.210- 2034.310) concerning the INCIDENT? If so, for each item state: (a) the type (i.e., diagram, reproduction, or model); (b) the subject matter; and (c) the name, ADDRESS, and telephone number of each PERSON who has it. 12.6 Was a report made by any PERSON concerning the INCIDENT? If so, state: (a) the name, fille, 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 the name, ADDRESS, and telephone number of each PERSON who has the original or a copy of the report. (@) 12.7 Have YOU OR ANYONE ACTING ON YOUR BEHALF inspected the scene of the INCIDENT? |f sa, 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. Investigation—Surveillance 13.1 Have YOU OR ANYONE ACTING ON YOUR BEHALF conducted surveillance of any individual involved in the INCIDENT or any parly 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. 14.0 15.0 16.0 “ORM INTERROGATORIES—GENERAL DISC-001 13.2 Has a wrilten 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. Statutory or Regulatory Violations 14.1 Do YOU OR ANYONE ACTING ON YOUR BEHALF contend thal 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 50, identify the name, ADDRESS, and telephone number of each PERSON and the statute, ordinance, or regulation that was violated. 14.2 Was any PERSON cited or charged with a violation of any statute, ordinance, or regulation as a result of this INCIDENT? If so, for each PERSON state: (@) the name, ADDRESS, and telephone number of the PERSON; (b) the statute, ordinance, or regulation allegedly violated; (c) whether the PERSON entered a plea in response to the citation or charge and, if so, the plea entered; and (d) the name and ADDRESS of the court or administrative agency, names of the parties, and case number. Denials and Special or Affirmative Defenses 16.1 Identify each denial of a material allegation and each special or affirmative defense in your pleadings and for each: (a) stale 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. 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) stale the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. 16.2 Do you contend that plaintiff was not injured in the INCIDENT? If so: (a) state all facts upon which you base your contention: (b) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (c) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT ar thing. Page 6 of 8 [116.3 Do you contend that the injuries or the extent of the injuries claimed by plaintiff as disclosed in discovery proceedings thus far in this case were not caused by the INCIDENT? If so, for each injury: (a) identify it; (b) state ali facts upon which you base your contention; {c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. [_]16.4 Do you contend that any of the services furnished by any HEALTH CARE PROVIDER claimed by plaintiff in discovery proceedings thus far in this case were not due to the INCIDENT? If so: (a) identify each service; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. (116.5 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 sa: (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 thal support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. [J 16.6 Do you contend that any part of the loss of earnings or income claimed by plaintiff in discovery proceedings thus far in this case was unreasonable or was not caused by the INCIDENT? If so: (a) identify each part of the loss; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. [116.7 Do you contend that any of the property damage claimed by plaintiff in discovery Proceedings thus far in this case was not caused by the INCIDENT? If so: (a) identify each item of property damage; {b) state all facts upon which you base your contention; {c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify ali DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. — DISC-001 [] 16.8 Do you contend that any of the costs of repairing the 17.0 property damage claimed by plaintiff in discovery proceedings thus far in this case were unreasonable? If so: (a) identify each cost item; (b) state all facts upon which you base your contention; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of the facts; and (d) identify all DOCUMENTS and other tangible things that support your contention and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. 16.9 Do YOU OR ANYONE ACTING ON YOUR BEHALF have any DOCUMENT (for example, insurance bureau index reports) concerning claims for personal injuries made before or after the INCIDENT by a plaintiff in this case? If sa, for each plaintiff state: (a) the source of each DOCUMENT; (by 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. Responses to Request for Admissions 17.1 Is your response to each request for admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: (a) state the number of the request; {(b) state all facts upon which you base your response; (c) state the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (dy identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or thing. 18.0 [Reserved] 19.0 [Reserved] 20.0 3 1 How the Incident Occurred—Motor Vehicle 20.1 State the dale, 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 B (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; () the name, ADDRESS, and telephone number of each owner other than the registered owner or lien holder: and (g) the name of each owner who gave permission or consent to the driver to operate the vehicle. [1] 20.3 State the ADDRESS and location where your trip began and the ADDRESS and location of your destination. [120.4 Describe the route that you followed from the beginning of your trip to the location of the INCIDENT, and state the location of each stop, other than routine traffic stops, during the trip leading up to the INCIDENT. (120.5 State the name of the strest or roadway, the lane of travel, and the direction of travel of each vehicle involved in the INCIDENT for the 500 feet of travel! before the INCIDENT. 1 20.6 Did the INCIDENT occur at an intersection? If sO, describe all traffic control devices, signals, or signs at the intersection. [120.7 - Was there a traffic signal facing you at the time of the INCIDENT? If 50, state; (a) your location when you first saw it: (b) the color; (c) lhe number of seconds it had been that color; and (d) whether the color changed between ithe lime you first saw it and the INCIDENT. [120.8 State how the INCIDENT occurred, giving the speed, direction, and location of each vehicle involved: (a) just before the INCIDENT; (b) at the time of the INCIDENT; and (c) just after the INCIDENT. [J209 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 lo or has information about each malfunction or defect; and (d) state the name, ADDRESS, and telephone number of each PERSON who has custody of each defective part. []20.10D0 you have information that any malfunction or defect in a vehicle contribuled 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 lo or has information about each malfunction or defect; and DISC-001 (d) state the name, ADDRESS, and telephone number of each PERSON who has custody of each defective part. 7] 20.11 State the name, ADDRESS, and telephone number of each owner and each PERSON who has had possession since the INCIDENT of each vehicle involved in the INCIDENT. 25.0 [Reserved] 30.0 [Reserved] 40.0 [Reserved] 50.0 Contract 50.1 For each agreement alleged in the pleadings: (a) identify each DOCUMENT that is part of the agreement and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT; (b) state each part of the agreement not in writing, the name, ADDRESS, and telephone number of each PERSON agreeing to that provision, and the date that part of the agreement was made; (c) identify all DOCUMENTS that evidence any part of the agreement not in writing and for each state the name, ADDRESS, and felephone number of each PERSON who has the DOCUMENT; (d) identify all DOCUMENTS that are part of any modification to the agreement, and for each stale the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT; (e) state each modification not in writing, the date, and the name, ADDRESS, and telephone number of each PERSON agreeing to the modification, and the date the modification was made; (f) identify all DOCUMENTS that evidence any modification of the agreement not in writing and for each state the name, ADDRESS, and telephone number of each PERSON who has the DOCUMENT. 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. 50.3 Was performance of any agreement alleged in the pleadings excused? If so, identify each agreement excused and state why performance was excused. 50.4 Was any agreement alleged in the pleadings terminated by mutual agreement, release, accord and salisfaction, or novation? If so, identify each agreement terminated, ihe date of termination, and the basis of the termination. 50.5 Is any agreement alleged in the pleadings unenforce- able? If so, identify each unenforceable agreement and state why it is unenforceable. 50.6 Is any agreement alleged in the pleadings ambiguous? If so, identify each ambiguous agreement and state why it is ambiguous. 60.0 [Reserved] DISC-001 {Rev. January 1, 2008) FORM INTERROGATORIES—GENERAL Page B of 8 82 U2 OO O o N Y nn [A ] I Ld Io 2 a PROOF OF SERVICE 1, the undersigned declare that: [ am employed in the County of Orange, California. | am over the age of eighteen years and not a party to this action or proceeding. My business address is 1831 E. First Street, Suite # 900 Santa Ana, California 92703. On May 7, 2018, | served the foregoing documents(s) described as DEFENDANT CERTIFIED AUTO, INC.'S FIRST SET OF FORM INTERROGATORIES PROPOUNDED ON PLAINTIFF GABRIEL DELGADILLO the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, addressed ns follows: Attorneys for Plaintiff: Attorneys for Savon Financial, Inc, Kasra Sadr, Esq. William N. Elder, Jr., Esq. Car Law Firm FOELER & ELDER 1433 Frazee Road, Suite 500 3818 E. La Palma Ave. Sun Diego, CA 92108 Anaheim, C4 92807 hAsudr@carlawfirm.com hitltwfoellandelder.com vs BY U.S. MAIL OVERNITE EXPRESS _ deposited such envelope(s), with postage thereon fully prepaid in the mail at Santa Ana, California. v/ 1 am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it is deposited with the U.S. Postal Services on that same day with postage thereon fully prepaid at Santa Ana, CA, in the ordinary course of business. 1 am aware that on motion of the party served, service is presumed invalid if postal collection date or postage meter date is more than one day after date of deposit for mailing in affidavit, | delivered such envelope(s), by hand to the offices of the addressee(s). BY ELECTRONIC SERVICE TRANSMISSION: Pursuant to the Court's Electronic filing system, and registration as a user constitutes consent to electronic service through the Court's transmission facilities. The court's system sends an e-mail notification of the filing to the parties and counsel of record fisted above who are registered with the Court's System. 1 caused such copy ta be facsimiled to the person(s) set forth above. The facsimile machine [ used complied with Califomia Rules of Court, Rule 2003 and no error was reported by the machine. Pursuant to California Rules of Court, 2006(d), | caused the machine to print a transmission record of the transmission, a copy of which is attached to this declaration. v (State) 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. {Federal) | declare that 1 am employed in the office of a member of the bar of this court at whase direction the services is made. Executed on: May 7, 2018, at Santa Ana, California. yy \ Gissou Mokri EXHIBIT “B” ro OD c e N O N L h R W KASRA SADR, SBN: 183765 k.sadr@carlawfirm.com NIMA HEYDARI, SBN: 301518 n.heydari@carlawfirm.com THE SADR LAW FIRM, APLC 1455 Frazee Rd, Suite 500 San Diego, CA 92108 Tel: (619) 233-8460 Fax: (877) 747-3297 Attorney for Plaintiff, ALMA DELGADILLO and GABRIEL DELGADILLO SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE UNLIMITED JURISDICTION ALMA DELGADILLO AND GABRIEL DELGADILLO, an individual, Case No.: 30-2017-00964282-CU-CO-CJC PLAINTIFE’S RESPONSES TO FORM PLAINTIFF, INTERROGATORIES - SET ONE VS. ) ) ) ) ) ) ) ) CERTIFIED AUTO DBA CARS 4 FINANCE, : a California Corporation; SAVON ) FINANCIAL, a California Corporation; and ~~) DOES 1 through 30, inclusive, ) ) ) ) ) ) DEFENDANTS. PROPOUNDING PARTY: Defendant, RESPONDING PARTY: Plaintiff, GABRIEL DELGADILLO SET NUMBER: ONE Plaintiff, GABRIEL DELGADILLO (hereinafter Plaintiff) hereby responds to the Form Interrogatories Set One Propounded by Defendant, CERTIFIED AUTO DBA CARS 4 FINANCE (hereinafter Defendant), pursuant to California Code of Civil Procedure §2030. 1 PLAINTIFF'S RESPONSES TO FORM INTERROGATORIES ~ SET ONE — [S e] © WO 0 N N bn p W PRELIMINARY STATEMENT Each of the following responses and answers is tendered and based upon information in the possession of the responding party at the time of the preparation of these answers. Discovery will continue as long as permitted by statute, or by stipulation of the parties, and the investigation of this responding party's attorneys and agents will continue throughout the trial of this action. Therefore, we specifically reserve the right at the time of trial to introduce any evidence from any source, the identity of which may be hereinafter discovered. If any information that has been unintentionally omitted from these responses, the responding party reserves the right to apply for relief, so as to permit the insertion of the omitted information from these responses. The responding party relies upon well-established California authority to the effect that interrogatories cannot unilaterally be denominated as continuing in nature, and hereby serves notice that, even should additional information be acquired after these responses are served, further responses to these interrogatories will not voluntarily be served. These responses are accurate, as of the date of this document. However, the investigation of this case is ongoing and this responding party cannot exclude the possibility that he may obtain more complete information, or information which indicates that a previous answer is inaccurate. This responding party does not waive the attorney-client privilege, the attorney work product doctrine, or any other lawfully recognized privilege or immunity from disclosure that may attach to information called for in these interrogatories. These responses are made subject to any of the foregoing. GENERAL OBJECTIONS a. Responding Party objects to the Form Interrogatories, and to each and every interrogatory contained therein, to the extent they seek information that is neither relevant to nor reasonably calculated to lead to the discovery of admissible evidence in this matter. b. Responding Party objects to the Form Interrogatories, and to each and every interrogatory contained therein, to the extent that they seek information protected by the attorney-client privilege or work product doctrine. Nothing contained in these responses is intended as, 2 PLAINTIFF'S RESPONSES TO FORM INTERROGATORIES — SET ONE to © Ww W O o N l O y u n E W —_ — — —_— — Yd — [@ )} wn =~ [5 5] NJ — — ~J 1 18 nor shall in any way be deemed, a waiver of any attorney-client privilege, any work product protection or any other applicable privilege or doctrine c. Responding Party objects to the Form Interrogatories, and to each and every interrogatory contained therein, on the grounds they are unduly burdensome and oppressive. Subject to the Preliminary Statement and General Objections which are incorporated by reference in every response below as though fully set forth therein, and any specific objections as set forth herein, Responding Party responds as follows: RESPONSES TO FORM INTERROGATORIES RESPONSE TO NO. 1.1 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4™ 1159.) Without waiving the foregoing, Responding Party responds as follows: Kasra Sadr, Esq. SADR LAW FIRM, APLC 1455 Frazee Road, Suite 500 San Diego, CA 92108 Plaintiff’s attorney of record RESPONSE TO NO. 2.1 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code 3 PLAINTIFF'S RESPONSES TO FORM INTERROGATORIES —- SET ONE J Ow Kw N y wn B W Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4% 1159.) Without waiving the foregoing, Responding Party responds as follows: (a) Gabriel Delgadillo (b) Gabriel Flores Delgadillo (c) 1986-2005 RESPONSE TO NO. 2.2 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: Tijuana, Baja California, Mexico RESPONSE TO NO. 2.3 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: Yes. (a) California (b) A7290300; Class C (c) Issued 8/30/12 (d) None. 4 PLAINTIFF'S RESPONSES TO FORM INTERROGATORIES — SET ONE IN Ow o e N y nn p w RESPONSE TO NO. 2.4 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: (a) No. RESPONSE TO NO. 2.5 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: Responding Party may be reached at 1455 Frazee Road, Suite 500 San Diego, CA 92108 RESPONSE TO NO. 2.6 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: J PLAINTIFF'S RESPONSES TO FORM INTERROGATORIES —- SET ONE o \ O c o ~ J oN wn + Ww No —_— r d — — — — — — ~ oN wn += wl Na — oo (a) Chartwell Staffing Services 12/17 — current (b) Owens & Minor 2001-2015 RESPONSE TO NO. 2.7 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: (a) Secundaria Federal Numero 3 (b) 1987-91 (c) 12" Grade (d) High School Diploma RESPONSE TO NO. 2.8 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: No. RESPONSE TO NO. 2.9 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague 6 PLAINTIFF'S RESPONSES TO FORM INTERROGATORIES ~ SET ONE No w l OO K w NN yn Wn PA and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4% 1159.) Without waiving the foregoing, Responding Party responds as follows: Yes. RESPONSE TO NO. 2.10 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: Yes. RESPONSE TO NO. 2.11 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: No. RESPONSE TO NO. 2.12 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague 7 PLAINTIFF’S RESPONSES TO FORM INTERROGATORIES — SET ONE 2 vO 0 0 ~~ A N nh B W and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: No. RESPONSE TO NO. 2.13 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: No. RESPONSE TO NO. 7.1 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: No, any damage to the subject vehicle was not caused by the Defendants’ misrepresentation during the sales transaction, which is the “INCIDENT”. The damage existed prior to the incident. RESPONSE TO NO. 7.2 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague 8 PLAINTIFF'S RESPONSES TO FORM INTERROGATORIES — SET ONE No (5 ) OV Ww ~~ O N t h and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: Not applicable. RESPONSE TO NO. 7.3 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4M 1159.) Without waiving the foregoing, Responding Party responds as follows: Not applicable. RESPONSE TO NO. 8.1 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4% 1159.) Without waiving the foregoing, Responding Party responds as follows: No. RESPONSE TO NO. 9.1 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague 9 PLAINTIFF'S RESPONSES TO FORM INTERROGATORIES — SET ONE No © 0 ~~ O N Wn R W and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: Yes. Responding Party purchased a frame/unibody damaged vehicle, believing justifiably that it was undamaged, after being informed by a salesperson under the employ of Propounding Party that the vehicle is undamaged. RESPONSE TO NO. 11.1 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: No. RESPONSE TO NO. 12.1 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4M 1159.) Without waiving the foregoing, Responding Party responds as follows: Responding Party’s wife, Alma Delgadillo. No other identities of witnesses are known to Responding Party as they are representatives of propounding party. 10 PLAINTIFF'S RESPONSES TO FORM INTERROGATORIES ~ SET ONE [38 ] © O e N Y Wn p W RESPONSE TO NO. 12.2 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: No. RESPONSE TO NO. 12.3 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4% 1159.) Without waiving the foregoing, Responding Party responds as follows: No. RESPONSE TO NO. 12.4-12.7 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: No. 11 PLAINTIFF'S RESPONSES TO FORM INTERROGATORIES — SET ONE Na Q I DO 0 ~~ O h Wn RESPONSE TO NO. 13.1 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: No. RESPONSE TO NO. 13.2 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: No. RESPONSE TO NO. 14.1 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: Yes. Propounding party violated the consumer legal remedies act, California unfair competition laws. 12 PLAINTIFF'S RESPONSES TO FORM INTERROGATORIES ~ SET ONE Io WO O e ~~ o y t n B W RESPONSE TO NO. 14.2 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: Not to Responding Party's knowledge. RESPONSE TO NO. 17.1 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4% 1159.) Without waiving the foregoing, Responding Party responds as follows: No. REQUEST FOR ADMISSION NOQ.2: Admit that THE VEHICLE YOU purchased from DEFENDANT was certified pre-owned. RESPONSE TO REQUEST FOR ADMISSION NO.2 Objection, vague as to the term “certified pre-owned”. Without waiving the foregoing, Responding Party responds as follows: Unable to Admit or Deny. 13 PLAINTIFF'S RESPONSES TO FORM INTERROGATORIES ~ SET ONE REASONS FOR RESPONSE TO REQUEST FOR ADMISSION NO.2: After a diligent search and investigation, Responding Party is uncertain whether the subject vehicle (the “Vehicle”) is certified pre- owned. REQUEST FOR ADMISSION NO.4: Admit that THE VEHICLE YOU purchased from DEFENDANT it was fit for driving purposes. RESPONSE TO REQUEST FOR ADMISSION NO.4 Objection: Vague as to the terms “fit for driving purposes”. Without waiving the foregoing, Responding Party responds as follows: Unable to Admit or Deny. REASONS FOR RESPONSE TO REQUEST FOR ADMISSION NO.4 Unclear what is meant by “fit for driving purposes”. The Vehicle runs, but is unsafe and as such likely unsuitable for driving on California motor ways. REQUEST FOR ADMISSION NO.14: Admit that as of August 24, 2015, YOU had the choice to cancel purchasing THE VEHICLE RESPONSE TO REQUEST FOR ADMISSION NQO.14 Unable to Admit or Deny. REASONS FOR RESPONSE TO REQUEST FOR ADMISSION NO.14 Unclear whether or not Responding Party had the choice to cancel purchasing the agreement, given that the specific requirements of Vehicle Code section 11713.21. REQUEST FOR ADMISSION NO.22: Admit that while driving THE VEHICLE YOU had no reason to believe it had prior damage. 14 PLAINTIFF'S RESPONSES TO FORM INTERROGATORIES — SET ONE NI OO c o ~~ O N b h p W RESPONSE TO REQUEST FOR ADMISSION NO.22 Unable to Admit or Deny. REASONS FOR RESPONSE TO REQUEST FOR ADMISSION NO.22 Responding Party did not know the Vehicle had prior damage. However, Responding Party is not an expert on motor vehicles. Responding Party is unaware of whether or not an expert would have reason to believe the Vehicle had prior damage. REQUEST FOR ADMISSION NO.23: Admit that while driving THE VEHICLE YOU had no reason to believe it had frame damage. RESPONSE TO REQUEST FOR ADMISSION NO.23 Unable to Admit or Deny. REASONS FOR RESPONSE TO REQUEST FOR ADMISSION NO.23 Responding Party did not know the Vehicle had frame damage. However, Responding Party is not an expert on motor vehicles. Responding Party is unaware of whether or not an expert would have reason to believe the Vehicle had frame damage. REQUEST FOR ADMISSION NO.24: Admit that while driving THE VEHICLE YOU had no reason to believe it had been involved in prior accidents. RESPONSE TO REQUEST FOR ADMISSION NO.24 Unable to Admit or Deny. REASONS FOR RESPONSE TO REQUEST FOR ADMISSION NO.24 15 PLAINTIFF'S RESPONSES TO FORM INTERROGATORIES —- SET ONE ng w a OO c o N1 1 S Y wn Responding Party did not know the Vehicle had frame damage. However, Responding Party is not an expert on motor vehicles. Responding Party is unaware of whether or not an expert would have reason to believe the Vehicle had frame damage. REQUEST FOR ADMISSION NO.28: Admit that YOU have no facts to support YOUR contention that DEFENDANT sold THE VEHICLE to YOU at a higher price than advertised. RESPONSE TO REQUEST FOR ADMISSION NO.28 Unable to Admit or Deny. REASONS FOR RESPONSE TO REQUEST FOR ADMISSION NO.28 Unable to admit or deny because Responding Party does not contend that Defendant sold the Vehicle at a higher price than advertised. REQUEST FOR ADMISSION NO.31: Admit that DEFENDANT is not responsible for YOUR failure to maintain the monthly payments for THE VEHICLE. RESPONSE TO NO. 50.1-6 Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App. 4" 1159.) Without waiving the foregoing, Responding Party responds as follows: 50.2: No. 16 PLAINTIFF'S RESPONSES TO FORM INTERROGATORIES —- SET ONE Nd DO oe N Y W n Ww 50.3: Yes. Responding party’s performance is excused because Responding party was fraudulently induced by Propounding party into entering into the agreement. 50.4: No. 50.5: Yes. The subject contract is unenforceable because Responding Party was fraudulently induced by Propounding party into entering the agreement. 50.6: Not to Plaintiff's knowledge. DATED: June 21, 2018 THE SADR LAW FIRM, APLC a By: KASRA SADR, Esq. Attorney for Plaintiff, ALMA DELGADILLO and GABRIEL DELGADILLO 17 PLAINTIFF'S RESPONSES TO FORM INTERROGATORIES —- SET ONE 2 OO YN aN WU» pr Ww 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27 28 Delgadillo v. Certified Auto Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA, For the County of ORANGE, Case Number: 30-2017-00964282-CU-CO-CJC DECLARATION OF SERVICE I, the undersigned, declare that I am over the age of 18 years and not a party to this action. Iam employed in the county of San Diego. My business address is 1455 Frazee Rd, Suite 500, San Diego, California 92108. Iam readily familiar with the business practice for collection and processing of correspondence for mailing with the United States Postal Service. On this day I served the document(s) entitled: PLAINTIFE’S RESPONSES TO FORM INTERROGATORIES — SET ONE on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Brad Moki Bill Elder Law Offices of Mokri & Associates FOELL & ELDER 1851 E 1st St Ste 900 3818 E La Palma Ave Santa Ana, CA 92705 Anaheim, CA 92807 Fax No. 714-619-9396 Fax No. 714.630.3300 Attorney for Defendant, Attorney for Defendant, Certified Auto dba Cars 4 Finance Savon Financial [ X] (BY MAIL) I caused each such envelope, with postage thereon fully prepaid to be placed in the United States mail at 1455 Frazee Rd, Suite 500, San Diego, California 92108. I am readily familiar with this firm’s business practice for collection and processing of correspondence for mailing with the U.S. Postal Service pursuant to which practice the correspondence will be deposited with the U.S. Postal Service this same day in the ordinary course of business. [ X ](BY EMAIL) I sent the attached documents via email to addressees’ office: amirmokril@yahoo.com, bill@foellandelder.com, **** [ J(BYFACSIMILE) [transmitted a true copy to the following fax no. ( ). 1 faxed the documents from the fax machine located at The Sadr Law Firm, APLC, 1455 Frazee Rd, Suite 500, San 18 PLAINTIFF'S RESPONSES TO FORM INTERROGATORIES ~ SET ONE No w l OO c o ~~ o n wn PB Diego, CA 92108. A transmittal confirmation sheet confirms delivery of the fax. There was no error reported. [ XJ (STATE) I declare under penalty of perjury under the laws of the State of California that th e foregoing is true and correct. [ X 11 declare that I am employed in the office of a member of the bar of this court at whose dire ction the service was made. Executed on June 21, 2018 at San Diego, California. Liz Peralta 19 PLAINTIFF'S RESPONSES TO FORM INTERROGATORIES — SET ONE EXHIBIT “C” LAW OFFICES OF MoKR1 & ASSOCIATES July 06, 2018 Via U.S. Mail & Facsimile (877Y747-3297 Kasra Sadr, Esq. Nima Heydan, Esq. THE SADR LAW FIRM, PLC 1455 Frazee Rd, Suite 500 San Diego, CA 92108 RE: Alma Deleadillo, Gabriel Delgadillo v. Certified Auto OCSC Case no.: 30-2017-00964282-CU-CO-CIC MEET AND CONFER LETTER Dear Messrs. Sadr and Heydari: Please consider this letter as Defendant's Meet and Confer pursuant to C.C.P. §2016.040 with reference to Plaintiffs’ responses to Set One of Defendant's Form Interro gator ies, Special Interrogatories, Requests For Admission, and Request for Production of Docume nts. It is my hope that after you have reviewed the contents of this letter, you will provide further responses to the discovery issues in dispute in order to obviate the need for De fendant to seek court intervention. The following issues have been raised by Plaintiffs’ discovery responses: A. Preliminary Statements and General Objections In each and every response to Defendant's discovery requests, Plaintiffs have inserted two sections titled "PRELIMINARY STATEMENT" and "GENERAL OBJECTIONS ". These preambles are improper in light of the fact that even though several interrogatories, requests for documents and request for admissions may be objectionable on the same ground they m ay not be objected to as a group. See Hogan and Weber, California Civil Discovery (2d. ed 200 9) §51. Furthermore, the Discovery Act does not authorize such a preamble or general objections. Instead the Discovery Act requires the party to respond in writing to each interrogatory, reques t for production of document and request for admission whether it is a response or an objection. The relevant code sections demonstrating a party’s obligations in responding to the se discovery devices are as follows: C.C.P. §§2030.210, 2030.220, 2030.240, 2031.210, 2031.220, 2031 .230, 2031.240, 2033.210, 2033.220, and 2033.230. As can be seen from the relevant statutes regarding responding to interro gatories, re quests for production of documents and requests for admissions, a party cannot use a gene ral objection to 1|Page . Xerox Centre 1851 East First Street; Suite 900, Santa Ana, California 92705 Telephone: (714) 619-9395 THE SADR LAW FIRM Delgadillo v. Certified Auto Meet and Confer Letter July 6, 2018 protect them like an umbrella from their own failure to raise appropriate objections to spec ific questions. Once the general objection is disregarded, a responding party’s objections to the specific interrogatory or request is either made, or the objections are deemed waived. As such, on this basis alone, Defendants are compelled to provide further responses to Defendant's Form Interrogatories, Special Interrogatories, Requests for Admission, and Re quests for Production of Documents. B. Responses to Form Interrogatories Defendant Gabriel Delgadillo has asserted the following objections without exceptio n to each and every Form Interrogatory to which he is directed to respond: "Responding Party additionally objects to this Interrogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and complete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Canton ese v. Superior Court (1996) 46 Cal. App. 4th 1159)" Quite frankly, the objections are entirely nonsensical, evasive, boilerplate, and not asserted as a valid preservation of Mr. Delgadillo's right to object. For example, in what way do form interrogatory question 2.1 through 2.13 require expert or legal opinion, and how are judicial council form interrogatories vague, ambiguous, overbroad, unintelligible, burdenso me, compound and not complete within themselves when the judicial council drafted them wit h the specific goal of simplifying discovery to cover basic matters as well as being a foundati onal discovery device. The same reasoning applies to the balance of the form interrogatory question s because the entire purpose of discovery is to take the game element out of trial preparation. See Weil and Brown Civil Procedure Before Trial (TRG 2009) 18:1 citing Greyhound Corp. v. Superior Court, 56Cal.2d 355, 376 (1961); Emerson Elec. Co. v. Superior Court, 16 Ca l.4th 1101, 1107 (1997). Courts are loathe to sustain an objection on the ground that the discovery is burdens ome and harassing because it is considered a weak obj ection. It is not enough that the que stion or questions are burdensome; the objecting party must also demonstrate that the ques tions are so unjust that they amount to oppression. Fest Pico Furniture Co. v. Superior Court, 5 6 Cal.2d 407, 419, (1961). It must appear that the amount of work required to answer the questions is so great, and the utility of the information sought so minimal, that it would defeat the ends of jus tice to require answers. Columbia Broadcasting System, Inc. v. Superior Court, 263 CalApp.2d 12, 19 (1968). 2iPage THE SADR LAW FIRM Delgadillo v. Certified Auto Meet and Confer Letter Tuly 6, 2018 Objections to discovery based upon "vague, ambiguous and unintelligible” were cat egorically overruled more than 45 years ago by the California Supreme Court. Cembrook vs. Superi or Court, 56 Cal.2d 423, 428-430 (1961).Monetary discovery sanctions are mandatory. Argaman v. Ratan, 73 Cal. App.4th 1173, 1179 (1999); Frates v. Treder, 249 Cal.App.2d 199, 20 6 (1967) (refusal to answer interrogatories without substantial justification renders the refusal willful, thus giving rise to sanctions)." The fact that Mr. Delgadillo has interposed the same objections to form interrogatory questions that do not even merit the objections is evidence of the bad faith with which the obje ctions have been asserted. How do the 12.0 series form interrogatory questions call for legal and expert opinion when the form interrogatories specifically exclude expert opinion evidence? You have failed to explain how the objections apply to each form interrogatory, which renders the objections worthless, and subjects Mr. Delgadillo to monetary sanctions. Mr. Delgadillo's responses to Form Interrogatory 17.1 are also defective and subject to Defendant's motion to compel further responses because instead of providing responses to subparts (a) through (d), he has provided short sentences which do not respond to each s pecific subpart. For example, Mr. Delgadillo's response to the basis for denial of Request for Admission n0.2 is the following: "After a diligent search and investigation, Responding Party is uncert ain whether the subject vehicle (the Vehicle”) is certified pre-owned." This is non-respo nsive because each sub-part requires a specific response and not a general and boilerplate statement. In addition to the foregoing, of the 32 individually numbered requests for admission, the following numbers are not admissions: Nos. 2,3,4,5,6,7,8,9,10,11, 12, 13 , 14, 17, 18, 19, 20, 22,23, 24,25, 26, 27,28, 30, and 32. Mr. Delgadillo, however, has failed to pro vide responses under 17.1 for numbers 3, 5, 6,7,8,9,10,11,12,13,17, 18, 19, 20, 25, 26, 27, 30, and 32. The response to number 31 is nonsensical and tantamount to no response. Mr. Delgadillo has also failed to provide a response to form interrogatory 50.1. In light of the foregoing, further responses are required as follows: 1. Proper and specific objections that actually address the specific interrogatory que stion; 2. Responses to form interrogatory 17.1 in the format required and mandated by the judicial council; 3. Responses to form interrogatory 17.1 for request for admissions numbered 3, 5, 6, 7, 8, 9, 10, 11, 12,13, 17, 18, 19, 20, 25, 26, 27, 30, 31, and 32; and 4. A full and complete response to form interrogatory 50.1. Rest assured that if further verified responses are not received within 10 days of the date of t his letter, we will move the Court for an Order compelling further responses and for the imposition of monetary sanctions against Mr. Delgadillo and your firm. [Per C.C.P. §20 30.300.] 3 |Pa ge . THE SADR LAW FIRM Delgadillo v. Certified Auto Meet and Confer Letter July 6, 2018 C. Responses to Special Interrogatories With the exception of the objections interposed to Special Interrogatory nos . 19, 20, 23, and 24, Mr. Delgadillo interposes the following boilerplate and evasive o bjections to Special Interrogatories numbered 1 through 18, 21 to 22, and 25 through 35: "Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Int errogatory as unintelligible, vague and ambiguous, overbroad, burdensome, not full and c omplete within itself as required by Cal. Code Civ. Proc 2030.060(d) and lacking in specificity, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Party. (See Cantonese v. Superior Court (1996) 46 Cal. App.th. 11 59.)" As previously discussed under Section B of this letter, Mr. Delgadillo has failed to state how the same set of objections apply to each interrogatory when each question is seeking different facts and information from the prior question. The objections are, thus, boilerplat e and meant to evade and stonewall Defendant's right to discoverable information in prepa ration for trial. Several of Mr. Delgadillo's responses refer to a Dennis McDonald. However, Mr. Delgadillo does not provide Dennis McDonald's address and telephone number . When an interrogatory requests the identity of individuals who may have knowledge of facts pertaining to the subject transaction, responding party is obligated to provide the address , telephone number, and any contact information by which the propounding party may contact a potential witness who may possess relevant information regarding the case. On the other hand, if responding party does not have the person's contact information, then responding party must state the efforts made to obtain such information and why responding party was ultimately unabl e to do so. (C.C.P. §2030.220(b) and (c).) As such, Mr. Delgadillo is required to serve further responses identifying Dennis McDonald's contact information. In light of the foregoing, further responses are required as follows: 1. Proper and specific objections that actually address the specific interrogat ory question; and 2. Further Responses regarding the identity of Dennis McDonald. Rest assured that if further verified responses are not received within 10 days of the date of this letter, we will move the Court for an Order compelling further response s and for the imposition of monetary sanctions against Mr. Del gadillo and your firm.[P er C.C.P. §2030.3 00.] 4|Page THE SADR LAW FIRM Delgadillo v. Certified Auto Meet and Confer Letter July 6, 2018 D. Responses to Request for Admissions C.C.P. §2033.220(c), states the following: "(c) If a responding party gives lack of information or knowledge as a reason for a failure to admit all or part of a request for admission, that party shall state in the answer that a reasonable inquiry concerning the matter in the particular request has been made, and that the information Jmown or readily obtainable is insufficient to enable that party to admit the matter. ” Of the 32 individually numbered Requests for Admission, Mr. Del gadillo has stated that he is unable to admit or deny Requests numbered 2, 4, 14, 22, 23, 24, and 28. This respo nse is improper because it is not code compliant. T he response does not follow the manda te of §2033.220(c), and as such further responses that are compliant with the subject statu te are required. The objections to request number 31 are also evasive and improper in light of the fact that defendant is seeking an admission or a denial for the fact that defendant is not responsibl e for Mr. Delgadillo's failure to make his car payments. The interposed objections on the basis of assumption of facts, relevance, and vagueness are without support under the Discov ery Act. " Assuming facts not in evidence" is not a valid discovery objection.California Evide nce Code § 140 defines "evidence" as information "offered to prove the existence or nonexiste nce of a fact." During discovery, the parties do not offer anything to prove anything. Instead, they are seeking to learn information that may be helpful or damaging. It is contrary to the way discover y is conducted to withhold information to support a particular claim or defense. Similarly, the relevance objection is improper and evasive becanse pursuant to §2017.010, "Any party may obtain discovery regarding any matter, not privileged, that is relevant to the subj ect matter involved in the pending action or to the determination of any motion made in that action, i f the matter either is itself admissible in evidence or appears reasonably calculated to lea d to the discovery of admissible evidence." “Relevant to the subject matter” is broader than relevancy to the issues which determines admissibility of evidence at trial. Weil and Brown. Cal Prac. Guide: Civil Procedure Bef ore Trial (TRG 2010) {8:66 citing Bridgestone-Firestone Inc. v. Sup. Ct., 7 Cal.App.4th 1384, 1392 (1992). In fact, admissibility at tral is not the test. Davies v. Superior Court (1984) 3 6 Cal.3d 291,301 (1984). A party may discover hearsay (Smith v. Superior Court, 189 Cal.A pp.2d 6, 11 (1961),0r inadmissible opinions and conclusions. A party may also discover irrelevant matters so long as their revelation may lead to the discovery of admissible evidence. Dodge, Warren & Peters Insurance Services, Inc. v. Riley, 105 Cal. App.4th 1414 (2003). Thus, the withholding o f information by Mr. Delgadillo in refusing to respond to request for admission no. 31 prevents 5 |Pa ge THE SADR LAW FIRM Delgadillo v. Certified Auto Meet and Confer Letter Tuly 6, 2018 defendant from assessing the relevance of the information. As such, the relevance objection is improper, and Mr. Delgadillo is required to provide a further response to Request no. 31. The vagueness objection is only valid if the question is totally unintelligible. A party has a duty to answer if “the nature of the information sought is apparent.” Deyo v. Kilbourne, 84 Cal. App. 3d 771, 783 (1978).As such, the vagueness objection is improper and evasive because the terms "responsible" and "maintain the monthly payments" are clear terms on their face. Mr. Delagdillo does not state how these terms are vague. In light of the foregoing, further responses are required as follows: 1. Further responses to requests numbered 2, 4, 14, 22, 23, 24, and 28, that strictly comply with C.C.P. §2033.220(c); and 2. Further Responses to Request no. 31 without objections. Rest assured that if further verified responses are not received within 10 days of the date o f this letter, we will move the Court for an Order compelling further responses and for the imposition of monetary sanctions against Mr. Delgadillo and your firm. [Per C.C.P. §2030.290.] E. Responses to Request for Production of Documents In response to Defendant's Set one of Request for Production of Documents, Plaintiffs have asserted the following objections to the 22 individually numbered requests: "Responding Party hereby incorporates its preliminary statement and general objections as set forth in full herein. Responding Party additionally objects to this Request as unintelligible, vague and ambiguous, overbroad, burdensome, calls for a legal and expert opinion, and is compound, and which thereby presents an undue burden on Responding Pariy." As previously discussed under Section B of this letter, Plaintiffs have failed to state how the same set of objections apply to each request when each request is seeking a different set of documents and information from the prior requests. The objections are, thus, boilerplate and meant to evade and stonewall Defendant's right to discoverable information in preparation for trial. The bigger problem faced by Plaintiffs is that the documents produced with their responses are incomplete. For example, Request No.1 requests the production of all communications showing that Plaintiffs made all their monthly payments for the subject vehicle. However, no such document or documents have been produced by Plaintiffs. Plaintiffs have produced 2 signed checks without indicating for whose benefit the checks were written, and for what they were written, Request No. 2 requests production of all communications and documents showing tha t Plaintiffs paid out of pocket for repairs to the vehicle. Again, no such documents have been produced despite Plaintiffs’ representations that "After conducting a diligent search 6jPage | THE SADR LAW FIRM Delgadillo v. Certified Auto Meet and Confer Letter July 6, 2018 andreasonable inquiry for documents responsive to this Request, Responding Party will produce allnon-privileged documents in its possession, custody, or control which have not been previouslyproduced in the action. Discovery is continuing." By the way, the same phrase has been duplicated for all 22 requests and the responses thereto. The only documents produced by Plaintiffs are those that show the initial deal with Defendant; Plaintiffs’ respective credit reports; their Allstate insurance c ards; the Buyers Guide; Statement of Facts; Pre-contract disclosure; Plaintiffs’ pay stubs and mont hly expenses; Kelley Blue Book Lending/suggested Retail Breakdown; and Contract Cancellation Option Agreement. Of the foregoing documents, none are responsive to the specific r equests numbered 1 through 22. In fact, what has been produced is absolutely useless and does not am ount to compliance pursuant to C.C.P. §§2031 210 and 2031.220. Thus, unless the requested documents per the specific requests are produced within 10 days of the date of this letter, Defendant will have no choice but to move the Court to compel Plaintiffs to serve further responses with documents to Defendant's Set One of Request for Production of Documents, and for imposition of monetary sanctions against Plai ntiffs and your firm pursuant to C.C.P. §2031.310. EF. Conclusion For the foregoing reasons, it is requested that further verified resp onses be served within 10 days of the date of this letter, in order to obviate the need for bringing fo ur motions to compel further discovery responses and for imposition of monetary sanctions a gainst Plaintiffs and your firm. If you wish to discuss this matter further, please do not hesitate to c ontact the undersigned. Very truly yours Law Offices of Mokri & Associates BAM/gm Enclosure(s): As Indicated Above 7jPage subject: Fax Message Transniscicn Resul: to +1 (714) 6305500 - Sent From: service@ringcentral.ccnt To: gmokrilaw@yahoo.com Date: Friday, July 6, 2018 05:1.:70.% Ske FLT Here are the resulis of the 8-page “=.7 cou 307 flo yor shone aundsr (30 Ja2-1404. Name Phipne Fab ar Date and Time Result SEY AT IURO0 Fiche, duty O05) 20003 21 Ga 12 FR Sent Your fax(es) included the following Yio), wil & we rg arddered mito fox karnal Soe transnission: File Name Result RING CENTRAL FAX COVER SHG 2 1 #005 4 ih Tl BESO ET dear Success CERTIFIED _M&COMF_D=ELGADILL = ps! Success Subject: From: To: Date Here are the results nf the 8-pag: “+ oie or Name Your fax({es) included the rollowing fis ic), wii & wire Fax Message Trans riscic ny Resul: to +1 (877) 74754597 - 5 service@ringcentral.ccm gmokrilaw@yahoo.com : Friday, July 6, 2018 05:12:52 #1 PLT Spon Tre Pho: Hank ar = Ty TORT File Name RING CENTRAL FAX COVER SHIT = (ill CERTIFIED_M&CONF_DELGALILL | pr! asrEssny Mas lbs solr phone quenar $630 E1865 tate and Tire a x RTPI TO TEN Fickay RIFTS [ISIE ar) UR ert Result Sent spcharect wito Soe formic Jo transriission: Result Success Success > ii ITTY July 10,2018 i Via First Class Mail Brad Moki Law Offices of Mokri & Associates, 1851 E 1st St Ste 900 Santa Ana, CA 92705 Re: Delgadillo, Alma v. Certified Auto Dear Mr. Mokri: I am writing in response to your meet & confer letter regarding the above-case dated July 6, 2018. In your letter you request “[P]roper and specific objections that actually address the specific interrogatory question” but also responses to said discovery requests. Your meet & confer letter is asking us to object and respond to specific interrogatories and requests at the same time. This apparent inconsistency in demands is confusing. Either my client can provide you supplemental responses or I can object to your requests, but it makes no sense to do both, given that an objection is made in lieu of any response. As such, we request you clarify specifically what you mean when you claim you require “proper and specific objections” as well as responses. With respect to your demands regarding Plaintiff's response to your client’s production of documents, your meet & confer letter fails to specifically lay out exactly what documents you are claiming have not been produced and as a result is confusing. The only requests you specify that you claim are incomplete are with respect to Request No. 1 and Request No. 2. Both responses are complete. Request no. 1 asks for communications showing the Plaintiffs made all their monthly payments for the subject vehicle. Nevermind the fact that whether or not Plaintiff made payments is completely irrelevant as to whether or not your client violated the CLRA, Civil Code 1632, UCL, or any of the other causes of action alleged by Plaintiff, and it behooves Plaintiff's counsel as to how evidence of payments will provide any relevant evidence as to misrepresentations made by your client, our client provided you all communications possessed Car Law Firm, an Association of Independent Law Firms and Attorneys 1455 Frazee Rd, Suite 500, San Diego, CA 92108 Ph 877-577-7237 Fax 877-747-3297 | www.carlawfirm.com | admin@carlawfirm.com by Plaintiffs regarding monthly payments to the vehicle. After much good faith investigation into the matter, my client was able to produce two signed checks, despite the Irrelevance of this request. No other documents pertaining to the request were available to my clients despite their investigation. Request 2 requests production of all communications showing the Plaintiff paid out of pocket for repairs for the vehicle. Stated simply, none exist. As such, the response is not incomplete, despite your letter’s erroneous claim. My clients are unable to produce what they do not have, and have no way of obtaining. Other than those two requests, it is unclear to me or my client specifically what you believe is missing or incomplete and why, and as such does not comply with meet & confer requirements. My client provided all non-privileged documents in Plaintiffs’ possession which relate to your clients requests, after a reasonable inquiry and investigation into all of Plaintiff’s documents and all available sources. If for whatever reason this response is not enough for you, and you prefer we specify that Responding Party was unable to locate any additional documents despite reasonable efforts, we will provide you supplemental responses that make clear that after investigation and inquiry into the matter, we have produced all non-privileged documents which relate to the requests asked. However, as made clear in this meet & confer, no additional documents would be produced given that none are in possession of my clients, and as such, this demand would clearly be made in bad faith with the sole purpose of causing extra unnecessary work that will not help your client in any way. If this answer is not satisfactory, provide us specifics as to why not, and we will attempt to further meet & confer in order to hash out what documents you believe are missing in my client’s discovery responses. With that said our client agrees to provide supplemental responses to form interrogatories 17.1 (which includes the telephone and address of Dennis McDonald) and 50.1, and Requests for Admission numbers 2, 4, 14, 22, 23, 24, and 28, and 31. They will be provided by the end of the week. Dated: July 10, 2018 THE SADR LAW FIRM, APLC LL Fd By: / NIMA HEYDARI, Esq. Attorney for Plaintiff(s) 39 16 17 18 19 PROOF OF SERVICE I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 1851 E. First Street, Suite 900, Santa Ana, California 92705. On August 9, 2018, I served the foregoing document(s) described as PLAINTIFF'S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO DEFENDANT’S FORM INTERROGATORIES SET ONE AND REQUEST FOR IMPOSITION OF MONETARY SANCTIONS ON PLAINTIFF GABRIEL DELGADILLO; DECLARATION OF BRAD A. MOKRI; MEMORANDUM OF POINTS AND AUTHORITIES [Separate Statement Filed Concurrently with Motion]on the interested parties in this action by placing a true { X ) copy ( ) original thereof enclosed in a sealed envelope addressed as follows: Attorneys for Plaintiffs Attorneys for Savon Financial, Inc. KASRA SADR, ESQ. WILLIAM N. ELDER JR.,ESQ. THE SADR LAW FIRM, APLC FOELER & ELDER 1455 Frazee Rd, Suite 500 3818 E. La Palma Avenue San Diego, CA 92108 Anaheim, Ca 92807 Fax: (877)747-3297 Fax(714)630-3300 E-mail: ksadr@carlawfirm.com billwfoellandelder.com ( ) BY OVERNITE EXPRESS DELIVERY: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the OVERNITE EXPRESS DELIVERY DROP BOX on the same day with postage thereon fully prepaid at Santa Ana, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation or postage meter date is more than one day after date of deposit for mailing in affidavit. ( ) BY MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence fof mailing. Under that practice, it would be deposited with the U.S. Postal Service on the same day with postage thereon fully prepaid at Santa Ana, California, in the ordinary course of business. I am aware that on motion of the party served service is presumed invalid if postal cancellation or postage meter date is more than one day after date of deposit for mailing in affidavit. ( ) BY PERSONAL SERVICE: I caused such delivery of the above envelope by hand to the offices of the addressee(s). ( X) BY ELECTRONIC SERVICE TRANSMISSION: Pursuant to the Court's Electronic filing system, and registration as a user constitutes consent to electronic service through the Court’s transmission facilities. The court’ system sends an e-mail notification of the filing to the parties and counsel of record listed above who are registered with the Court’s System. ( ) BY FAX: (Code Civ. Prod.§ 1013(a),(e); Cal. Rules of Court, rule 2.306)-By transmitting said document(s) by electronic facsimile to the respective facsimile numbers(s) of the party(ies). The facsimile machine I used complied with California Rules of Court, rule 2.3014, and no error was reported by the machine. (X) STATE: I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on August 9, 2018, at Santa Ana, California. yy ; Gissou Mokri MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES -8
