Defendant'S Motion In Limine 7 Re Exclude Accident Recon And Medical Expert

Motion

Cal. Super. - 1st Dist.November 9, 2015

N O 0 J O N w n B A W N N N D N D N N N N m = NANCY S. ALLARD, No. 256640 LAW OFFICES OF SHAHIN KARIM 2121 N. California Blvd., Suite 845 Walnut Creek, California 94596 Tel: (925) 977-1400 Fax: (925) 937-2385 Attorneys for Defendant, KYLE NITCHY SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION RONNIE WILBORN, Case No. CGC-15-548895 Plaintiff, Vs. DEFENDANT’S MOTION IN LIMINE #7 KYLE NITCHY, DOES 1 TO 10, RE: EXCLUDE ACCIDENT RECON Defendants. AND MEDICAL EXPERT TRIAL: JANUARY 23, 2017 Defendant KYLE NITCHY hereby moves this court for an order to exclude plaintiffs accident reconstructionist expert, James Hughes in addition to plaintiff's medical expert, Richard Nolan. This motion is made pursuant to sections under Code of Civil Procedure section 2034. Plaintiff’s counsel did not make his experts available for deposition, as required by the code. In addition, plaintiff is violation of C.C.P. 2034.415 which requires expert materials be produced no later than three business days before his/ her deposition. This motion is based on the Memorandum of Points and Authorities attached hereto, the declaration ofNancy S. Allard, the pleadings, documents and records on file herein, and upon such additional argument as may be presented in connection with the hearing on this motion. DEFENDANT’S MOTION IN LIMINE #7 O o 0 9 4 B A W N = N O N N D N N N N N N = m m e m e m e m e m e d p d e d p e R N N N B R A W N = O D N O Y N R W N D = o DATED: January 13, 2017 LAW OFFICES OF SHAHIN KARIM NANCY S. ALLARD Attorneys for Defendant KYLE NITCHY 2- MOTION IN LIMINE #7 O o 0 9 O N n m BR A W N N N N N N N N O N N D e m e m e m e m e a e m p m e d 0 N N A n n B A W N O O N N D Y R A W N D -~ = O o MEMORANDUM OF POINTS AND AUTHORITIES I. FACTS On October 17, 2016, Plaintiff disclosed the following experts: Retained: 1. Richard A. Nolan, M.D. 2. James Hughes, accident reconstructionist Non-retained Experts: 1. David Dallafio, M.D. 2. William Fishkin, D.C. Plaintiff did not produce any “reports or writings” as requested under CCP 2034.270. Attached as Exhibit A to Declaration ofNancy S. Allard. On October 26, 2016, Defendant served a Deposition Notice for Dr. Nolan for November 14,2016. Deposition notice is attached as Exhibit B to Declaration ofNancy S. Allard. Plaintiff’s counsel contacted our office asked that we reschedule his deposition due to unavailability. Since then, defense counsel’s office has been attempting to reschedule the deposition to no avail. On October 27, 2016, Defendant served a Deposition Subpoena for Production of Business Records pursuant to CCP 2020.410-2020.440 to Dr. Richard Nolan. This subpoena had a production date ofNovember 24, 2016. Deposition subpoena is attached as Exhibit C to Declaration ofNancy S. Allard. On November8, 2016, Dr. Nolan responded to the Subpoena showing medical and billing records neverexisted. Affidavit of no records attached as Exhibit D to Declaration of Nancy S. Allard. On November10, 2016, Defendant served a Deposition Notice for James Hughes set for November22, 2016. Deposition notice is attached as Exhibit E to Declaration ofNancy S. Allard. Plaintiff's counsel asked that we reschedule to deposition. Defense counsel’s office attempted to obtain new deposition dates fortheir expert. gL. MOTION IN LIMINE #7 O o 0 N N O N n n B A W L W N N N N N N N N N = = = ® I & G E U R N = SS 5 ® J a n rE B® PO ~~ oo On November14, 2016, Defendant served a Deposition Subpoenas for Production of Business Records pursuant to CCP 2020.410-2020.440 to James Hughes. This subpoena had a production date ofDecember13, 2016. Deposition subpoena is attached as Exhibit F to Declaration ofNancy S. Allard On December 7, 2016, James Hughes responded to the Subpoena in an email indicating that he received no materials with regards to this matter. Affidavit ofno records and Email correspondence attached as Exhibit G to Declaration ofNancy S. Allard. On January 10, 2017, defense counselfinally renoticed James Hughes’ deposition for January 17, 2017. Deposition notice is attached as Exhibit H to Declaration ofNancy S. Allard. James Hughes did not appearfor his deposition on January 17, 2017 and a statement of non- appearance was taken on the record. As of January 18, 2017, defense has not received any records, materials,files, notes regarding plaintiff’s experts Dr. Nolan and James Hughes. In addition, plaintiff did not produce these two experts for deposition in violation of CCP 2034. II. LEGAL AUTHORITY Pursuant to California Civil Procedure Code § 2034.270, all parties shall produce and exchange,at the place and on the date specified in the demand,all discoverable reports and writings, if any, made by any designated expert described in subdivision (b) of Section 2034.210. Under Evidence Code § 250, a “writing” means: handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the mannerin which the record has been stored. CAL. EviD. CODE § 250. Pursuant to CCP § 2017.010, Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged,that is relevant to the subject matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the wd MOTION IN LIMINE #7 O o 0 9 A N W n BR A W N N N N O N N N N N N D o m e m e m e m p d p m p m e d x R N A N n n B A W R O O N N Y N ER E W N = O discovery of admissible evidence. Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action. Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter, as well as of the existence, description, nature, custody, condition, and location of any document, electronically stored information, tangible thing, or land or other property. CAL. Civ. Proc. CoDE § 2017.010. Thetrial court shall exclude from evidence the expert opinion of any witness that is offered by a party who has unreasonably failed to do any of the following: (c) Produce reports and writings of expert witnesses under section 2034.270. (d) Make that expert available for deposition underArticle 3... CAL. Civ. Proc. CoDE§ 2034.300. Pursuant to C.C.P. 2034.415, An expert described in subdivision (b) of Section 2034.210 whose deposition is noticed pursuant to section 2025.220 shall, no later than three business days before his or her deposition, produce any materials or category of materials, including any electronically stored information, called for by the deposition notice. CAL. Civ. Proc. CODE § 2034.415. III. PLAINTIFE’S COUNSEL FAILED TO PRODUCE ALL REPORTS AND WRITINGS UNDER CALIFORNIA CIVIL PROCEDURE SECTION 2034.270 AND 2034.415. Pursuant to Cal. Civ. Proc. Code section 2034.270, plaintiff was to produce all reports and writings made by any designated expert. Plaintiff clearly failed to do so at the October 17, 2016 expert exchange. Defense counsel noticed plaintiff’s expert depositions for December 2016 and January 2017 in continued efforts to obtain plaintiff’s expert writings and reports, and again, plaintiff continued to refrain from producing any reports and writings to defense counsel. Plaintiff failed -5- MOTION IN LIMINE #7 o O 0 9 O N n n B A W N = N N N N N N N N N N = = o m e m e m p m e e p e e d e d R X N A N n n B R A W N = O O N Y N R E WL W N D = o to produce their witnesses for deposition and failed to produce the expert’s materials priorto the deposition date. Thisis clearly against the discovery act and should not be allowed. The statutes governing expert witness discovery are part of the Civil Discovery Act. The purposes of the statues are to “assist the parties and thetrier of fact in ascertaining the truth; to encourage settlement by educating the parties as to the strengths of their claims and defenses; to expedite and facilitate preparation and trial; to prevent delay; and to safeguard against surprise. Cottini v Enloe Medical Center, 226 Cal. App. 4th 401, 415-416 (2014). The statute is there to give fair notice of what an expert will say at trial. Id. In fact,it allowsthe parties to determine whetherto take their deposition,to fully explore relevant areas at deposition and to select an expert who can respond to competing opinionsin that area. Id. at 416. The Supreme Court has noted that the need forpretrial discovery is greater with respect to expert witnesses than ordinary fact witnesses because the opponent must prepare to cope with the expert’s specialized knowledge. Boston v Penny Lane Centers, Inc. 170 Cal. App. 4th 936, 951 (2009). It is clearthat plaintiff retains possession of his experts’ writings used to form their opinionsin this case. It is also clear that plaintiff's retained experts have opinions going into this trial. Plaintiffs tactics to withhold all of his expert files and information up until the day oftrial should not be rewarded as this is clearly against what the discovery code was intended to prevent. The defense is prejudiced from plaintiff's counsel’s behavior going into trial. CONCLUSION For the reasons set forth above, Defendant hereby moves this Court to exclude plaintiff’s accident reconstructionist, James Hughes and medical expert, Richard Nolan, M.D. DATED: January 13,2017 LAW OFFICES OF SHAHIN KARIM NANCY S. ALLARD Attorneys for Defendant KYLE NITCHY -6- MOTION IN LIMINE #7 O o 0 N N A n i A W N N D N D N N N RN R D N D N = = = DECLARATION OF NANCY S. ALLARD I, NANCY S. ALLARD, declare as follows: 1. Iam an attorney at law duly licensed and admitted to practice law before all courts in the State of California. I am a member of the LAW OFFICES OF SHAHIN KARIM,attorneys of record for Defendant, KYLE NITCHY. If called to testify as a witness in this matter, I could competently testify to the following ofmy personal knowledge. 2. Attached as Exhibit A is a true and correct copy of Plaintiff’s Expert Disclosure. 3. Attached as Exhibit B is a true and correct copy of Defendant’s Deposition Notice for Richard Nolan, M.D. 4. Attached as Exhibit C is a true and correct copy of Defendant’s Deposition Subpoena for Production of Business Records to Richard Nolan, M.D. 5. Attached as Exhibit D is a true and correct copy of Dr. Nolan’s affidavit of no records. 6. Attached as Exhibit E is a true and correct copy of Defendant’s Deposition Notice for James Hughes. 7. Attached as Exhibit F is a true and correct copy of Defendant’s Deposition Subpoena for Production of Business Records to James Hughes. 8. Attached as Exhibit G is a true and correct copy of James Hughes’ affidavit of no records. 9. Attached as Exhibit H is a true and correct copy of Defendant’s Deposition Notice for James Hughes. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 18 day of January 2017, at Walnut Creek, California.. ryfe NANCY S. ALLARD JT MOTION IN LIMINE #7 O o 0 N N O N n n B A W N D N O N N N N N N N N e m e m e m e e e d p e p e e d e d pe d © N N n n B A W N = O O N N N R E W I N D = O PROOF OF SERVICE [1013(a)(1)&(3) CCP (Rev.1/98)] Wilborn v. Nitchy Superior Court, San Francisco County, Case Number: CGC-15-5488935 I, the undersigned, declare that: I am over the age of 18 years and not a party to the within action. I am employed in the County of Contra Costa, State of California, where the within mailing or other method ofservice occurs, and my business address is 2121 N. California Blvd., Suite 845, Walnut Creek, California 94597. On the date listed below, I served the foregoing document described as DEFENDANT’S MOTION IN LIMINE #7 on the interested parties listed below: Brian L. Larsen, Esq. LAW OFFICES OF BRIAN L. LARSEN 530 Jackson Street San Francisco, CA 94133 Attorneys for Plaintiff, RONNIE WILBORN Phone: 415-398-5000 Fax: 415-398-5080 IX] PERSONAL SERVICE. Messenger Service delivered such envelope by hand to the office of the addressee. Executed at Walnut Creek, California on January 18, 2017. I declare under penalty of perjury underthe laws ofthe State of Californiaws foregoing is Zz7“Ti DEENA L. WHITE Electronically signed pursuant to Civil Code §1633.7(d) which states: “If the law requires a signature, an electronic signature satisfies the law.” EXHIBIT A O O 0 0 n n b h W N N N N N N N N N m e ® I a3 4% 8 O N = 3 b x d a n i r E H R S BS Brian L. Larsen, Esq. (SB# 158252) Marrianne B. Sioson, Esq. (SB# 286045) Thuy M. Le, Esq. (SB# 265000) LAW OFFICES OF BRIAN L. LARSEN 530 Jackson Street, 2"Floor San Francisco, CA 94133 (415) 398-5000 Attorney for Plaintiff RONNIE WILBORN IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO (UNLIMITED CIVIL JURISDICTION) RONNIE WILBORN, Case No: CGC-15-548895 PLAINTIFF'S EXPERT Dlainttfs DISCLOSURE | v KYLE NITCHY, and DOES1 to 10,inclusive, Defendants. ) TO DEFENDANTS AND THEIR ATTORNEY OF RECORD: PLEASE TAKE NOTICEthat the following expert(s) may be called on behalf ofplaintiff at the time of trial ofthe above-entitled matter: Retained Experts: 1. Richard A. Nolan, M.D. 2100 Otis Drive Alameda, CA 94501 (510) 523-4040 Plaintiff's Expert Disclosure O O 0 9 A w n b h W N = B N R R N N N N N 2 I 38 2 R U B R E L x 3 a x r b b =o 3 Dr. Nolanis an orthopedic surgeon. He will testify concerning his opinionsas to the nature and extent ofthe injuries plaintiffs suffered. He will also testify as to the reasonableness of the medical specials. His opinions will cover a gamut oftopics from disabilities to prognosis of future medical treatment. He shall discuss the nature ofplaintiff's injuries as well as discuss past, present and future pain and suffering. Dr. Nolan’s fees for deposition and trial are $950.00 per hour. 2. James Hughes P.O. Box 6417 Vacaville, CA 95696-6417 (707) 763-3313 Mr. Hughesis a consultant specializing in accident reconstruction. He will testify concerning his opinions ofhow the accidentthat is the subject of this case occurred, including speed ofparties involved, speed changes, time position relationships, vehicle dynamics, and applicable rules ofthe road, as well as the liability ofthe parties. His fee for deposition and trial are $250.00 per hour. Non-Retained Experts: 1. David Dallafior, M.D. St. Francis Memorial Hospital 900 Hyde St. San Francisco, CA 94109 (415) 353-6000 2. William Fishkin, D.C. Fishkin Chiropractic 2460 Mission St., #203 San Francisco, CA 94110 (415) 282-8989 The retained expert designated by plaintiff herein will agree to testify at the trial of this matter and will be sufficiently familiar with the action to submit to a meaningful oral deposition concerning his or her expected testimony, including any opinion offered and the bases therefore. At the time ofthis disclosure plaintiff's retained experts have not prepared any reports or writings. Plaintiff’s Expert Disclosure O W © 9 O F n n h w N O N R O N N O N N N N i ® I & G0 A O N R S D P ® O e R r P R D B I declare, under penalty ofperjury under the laws ofthe State of California that the foregoing is Marrianne B. Sion Attorney for Plaintiff true and correct. Dated: October 17,2016 Plaintiffs Expert Disclosure PROOF OF SERVICE BY UNITED STATES POSTAL SERVICE 1, the undersigned, declare: I am over the age of 18 years, I am not a party to this action, and work at 530 Jackson St. San Francisco, California. On October 17, 2016, I personally deposited a copy ofthe following into the United States Mail first class postage prepaid: Plaintiff’s Expert Disclosure Mailed To: Nancy S. Allard, Esq. Law Offices of Shahin Karim 1255 Treat Blvd., Suite 240 Walnut Creek, CA 94597 Attorneyfor Defendants I swear under penalty ofperjury that the foregoing is true and correct; and that this declaration was executed this October 17, 2016 at San Francisco, California. Mio MarrianneBSioson RICHARDA, NOLAN, M.D. CURRICULUM VITAE. Hayward Alameda Pleasanton 27171 CalarogaAve, #4 2100 Otis Drive. 3128 Santa Rita Road. Hayward,CA 94545 Alameda, CA 94501 Pleasanton, CA - 94588 Phone: (510) 785-0125 Phone: (510)523-4040 Phone: (925) 426-8100 Fax: (510)887-3930 Fax: (610) 523-4185 Fax: (925) 426-8234 Since! July 1977 Since: February 1978 Since: February 1990 (ClosedFeb, 2010) (Closed May2010) Birthdate: February3, 1941 ‘Birthplace: Freeport; NY, U.S.A Social Security Number: 570-652-9741 CaliforniaMedical License: A24017 TaxIdentificationNumber: 94-2586971 EDUCATION Undergraduate ‘Studies. Completed SanFernando High School, San Fernando, CA June 1958 University of California,Davis June 1964 PostGraduateStudies: Masters Program Universityof California,Davis Sept. 1965 Medieal School University of California; Califorisia Collegeof June 1969 Medicine, Irving, CA Internship GoodSamaritan Hospital Medical Center, June 1970 LosAngeles, CA CURRICULUMVITAE RichardA. Nolan;M.D, Page 2 Residency Training General:Surgery/Pathology GoodSamaritan Hospital, Los:Angeles, CA Residency Training GeneralSurgery SanJoaquin General Hospital, Stockton,CA MartinLuther King, Jr, General Hospital, Waits, CA Orthopedic Surgery LosAngeles Couiity/University of Southern California Medical Center, LosAngeles,CA Fellowship Childrens’ Orthopedic LosAngelesOrthopedic Hospital,Los. Angeles;CA BOARD CERTIFICATION American Academy ofOrthopedicSurgeons PROFESSIONALSOCIETIES American MedicalAssociation American Academyof Orthopedic Surgeons: June 1971 June1972. June 1978 June: 1976 June.1977 Certified1982 California Orthopedic Association International Cartilage Repair Soclety American Society ofPain Managemetit. EXHIBIT B O O 0 9 O N U n B x W N = N R N N N N N N = = = m NANCY S. ALLARD, No. 256640 LAW OFFICES OF SHAHIN KARIM 1255 Treat Blvd, Suite 240 Walnut Creek, California 94597 Tel: (925) 977-1400 Fax: (925) 937-2385 Attorneys for Defendant, KYLE NITCHY SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION RONNIE WILBORN, Plaintiff, VS. KYLE NITCHY, DOES 1 TO 10, Defendants. Case No. CGC-15-548895 NOTICE OF TAKING DEPOSITION AND DEMAND FOR PRODUCTION, INSPECTION AND COPYING OF DOCUMENTS AT DEPOSITION TO ALL PARTIES AND THEIR ATTORNEYS OF RECORDS: PLEASE TAKE NOTICE that the deposition of RICHARD NOLAN, M.D. will be taken in the above-entitled action before a Certified Shorthand Reporter duly authorized to administer oaths in and for the State of California, on November 14, 2016 at 4:30 p.m., at 2100 Otis Drive, Alameda, California, and will continue thereafter, Sundays and holidays excluded, until completion thereof. You are furthernotified that the deposing party may record the deposition by videotape in addition to the stenographic method and that the recording by the stenographic method may include instant visual display of the testimony. You are also hereby notified and required pursuant to California Code of Civil Procedure Section 2025.220 to produce at the time of said deposition, the documents described in Attachment "A" attached hereto and incorporated herein by this reference. NOTICE OF TAKING DEPOSITION AND DEMAND FOR PRODUCTION OF DOCUMENTS O o 0 N N O N n n B A W N N D N N N N D D N D N N N N = ® J & GL & OU 0 = 3S 5 x» J a r r > 0 = ~ DATED: October 26,2016 LAW OFFICES OF SHAHIN KARIM Jrhbo By NANCY S. ALLARD Attorney for Defendant KYLE NITCHY Di NOTICE OF TAKING DEPOSITION AND REQUEST FOR PRODUCTION OF DOCUMENTS O O 0 N N A n n BR A W N N O R D R N N N N EF 3 d 5 R O R E 8 0 8 %» 3 a rE 6 p o 2 Attachment A Your complete file regarding the aforementioned case, including, but not limited to, your most recent curriculum vitae, all records, statements, correspondence, reports, memoranda or other documentation that have been provided to you from the Claimant’s counsel or from any other source in the case or that you or your agents have prepared. Any and all medical records, dental records, hospital records, reports, x-rays, MRI'S, charges, notes, histories, laboratory records and reports, diagnostic test reports, doctor's notes, nurses’ notes, and correspondence and all other matters pertaining to the care, treatment and prognosis of RONNIE WILBORN,including any and all records that have been provided to you from Plaintiff's counsel or any other source in this case. All documents, correspondence, memoranda, telephone memoranda, invoices, billing statements, test data, photographs, diagrams, charts, drawings, graphical designs, models, mock-ups, overlays, animated material, computerized information (including computer reproductions, etc. videotapes, audiotapes, opinions, reports, resource materials, and all other writings (as defined in California Evidence Code Section 250) underlying or reflecting any thoughts, opinions, conclusions, or upon which you relied in arriving at your thoughts, opinions, or conclusions, relating to the events or circumstances alleged in this action. O O 0 u N 4 L n B A W = D N N N N N N N N N e e e m e m e d e d e e 0 9 O A L L B A W N = O V U N N N D R W N D = D PROOF OF SERVICE [1013(a)(1)&(3) CCP (Rev.1/98)] Wilborn v. Nitchy Superior Court, San Francisco County, Case Number: CGC-15-548895 I, the undersigned, declare that: I am over the age of 18 years and not a party to the within action. I am employed in the County of Contra Costa, State of California, where the within mailing or other method of service occurs, and my business address is 1255 Treat Blvd, Suite 240, Walnut Creek, California 94597. On the date listed below, I served the foregoing document described as NOTICE OF TAKING DEPOSITION AND DEMAND FOR PRODUCTION, INSPECTION AND COPYING OF DOCUMENTS AT DEPOSITION on the interested parties listed below: Brian L. Larsen, Esq. LAW OFFICES OF BRIAN L. LARSEN 530 Jackson Street San Francisco, CA 94133 Attorneys for Plaintiff, RONNIE WILBORN Phone: 415-398-5000 Fax: 415-398-5080 IX] U.S. MAIL, by placing a true copy thereof in a separate sealed envelope for each addressee named above, addressed to each such addressee, respectively, and I then sealed each envelope and, with the postage thereon fully prepaid, placed it for mailing and deposit in the United States Postal Service in accordance with our business' practices. I am readily familiar with our business practice for collection and processing of correspondence for mailing with the United States Postal Service; and that the correspondence shall be deposited with the United States Postal Service this same day in the ordinary course of business. Executed at Walnut Creek, California on October 26, 2016. I declare under penalty of perjury underthe laws ofthe State of California thatasis true and correct.{oe DEENA L. WHITE Electronically signed pursuant to Civil Code §1633.7(d) which states: “If the law requires a signature, an electronic signature satisfies the law.” EXHIBIT C SUBP-025 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): Law Offices of Shahin Karim Nancy Allard, 256640 1255 Treat Boulevard, Suite 240 Walnut Creek, CA 94597 Teterrone No: (925) 977-1400 raxno: (925) 937-2385 ATTORNEY FOR (vame): Defendant - Kyle Nitchy name of court: San Francisco Superior Court streeTappress: 400 McAllister Street MAILING ADDRESS: ciyanoziecooe: San Francisco 94102 BRANCH NAME: PLAINTIFF/PETITIONER: Ronnie Wilborn CASE NUMBER: DEFENDANT/RESPONDENT: Kyle Nitchy CGC-15-548895 NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION (Code Civ. Proc.,§§ 1985.3, 1985.6) is 1s NOTICE TO CONSUMER OR EMPLOYEE TO (name): Ronnie Wilborn AND/OR ATTORNEY OF RECORD PLEASE TAKE NOTICE THAT REQUESTING PARTY (name): Kyle Nitchy SEEKS YOUR RECORDS FOR EXAMINATION by the parties to this action on (Specify Date): November 24,2016 The records are described in the subpoena directed to witness (specify name and address ofperson or entity from whom records are sought): Richard A. Nolan, MD, 2100 Otis Drive, Suite B, Alameda, CA 94501-5715 A copy of the subpoena is attached. If you objectto the production of these records, YOU MUST DO ONE OF THE FOLLOWING BEFORE THE DATE SPECIFIED IN ITEM a. OR b. BELOW: a. If you are a party to the above-entiltled action, you mustfile a motion pursuant to Code of Civil Procedure section 1987.1 to quash or modify the subpoena and give notice of that motion to the witness and the deposition officer named in the subpoena atleastfive days before the date set for the production of the records. b. If you are not a party to this action, you must serve on the requesting party and on the witness, before the date set for production of the records, a written objection that states the specific grounds on which production of such records should be prohibited. You may use the form below to object and state the grounds for your objection. You must complete the Proof of Service on the reverse side indicating whether you personally served or mailed the objection. The objection should not befiled with the court. WARNING: IF YOUR OBJECTION IS NOT RECEIVED BEFORE THE DATE SPECIFIED IN ITEM 1, YOUR RECORDS MAY BE PRODUCED AND MAY BE AVAILABLE TO ALL PARTIES. YOU OR YOUR ATTORNEY MAY CONTACT THE UNDERSIGNED to determine whether an agreement can be reached in writing to cancel or limit the scope of the subpoena. If no such agreementis reached, and if you are not otherwise represented by an attorney in this action, YOU SHOULD CONSULT AN ATTORNEY TO ADVISE YOU OF YOUR RIGHTS OF PRIVACY. Date: 10/27/2016 Nancy Allard b> YY / (TYPE OR PRINT NAME) (SIGNATURE OF [] REQUESTING PARTY ATTORNEY OBJECTION BY NON-PARTY TO PRODUCTION OF RECORDS C11 object to the production ofall of my records specified in the subpoena. 2.11 object only to the production of the following specified records: The specific grounds for my objection are as follows: Date: (TYPE OR PRINT NAME) > (SIGNATURE) (See next pagefor proof of service) P.age 1of2 Form Adopted for Mandatory Use NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION asar Judicial Council of California (Code Civ. Proc.§§, 1985.3, 1985.6) 2020.010-202.510 www.abidss.com Order#: 5774230-01/CPROOF1541 SUBP-025 [Rev. January 1, 2008] SUBP-025 PLAINTIFF/PETITIONER: Ronnie Wilborn CASE NUMBER: DEFENDANT/RESPONDENT: Kyle Nitchy CGC-15-548895 PROOF OF SERVICE OF NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION (Code Civ. Proc.,§§ 1985.3, 1985.6) ] Personal Service [xx] Mail 1. At the time of service | was at least 18 years of age and not a party to this legal action. 2. | served a copy of the Notice to Consumer or Employee and Objection as follows (check either a or b): a.L_] Personal service. | personally delivered the Notice to Consumer or Employee and Objection as follows: (1) Name of person served: (3) Date served: (2) Address: (4) Time served: b.[XX] Mail. | deposited the Notice to Consumer or Employee and Objection in the United States mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows: (1) Name of person served: Brian L. Larsen, Esq. (3) Date of mailing: 10/27/2016 (2) Address: 530 Jackson Street, 2nd Floor, (4) Place of mailing: Redlands, CA San Francisco, CA 94133 5)1 an 2 resident of or employed in the county where the Notice to Consumer or Employee and Objection was mailed. c. My residence or business address is (specify): 2015 W. Park Avenue, Suite 13, Redlands, CA 92373 d. My phone numberis (specify): (909) 793-0613 | declare under penalty of perjury under the laws of the laws of the State of California that the foregoing is true and correct. Date: 10/27/2016 f , D ] y Connie D. Cain i (TYPE OR PRINT NAME OF PERSON WHO SERVED) (SIGNATURE OF PERSON WHO SERVED) PROOF OF SERVICE OF OBJECTION TO PRODUCTION OF RECORDS (Code of Civ. Proc.,§§ 1985.3, 1985.6) [1 Personal Service [_] Mail 1. At the time of service | was at least 18 years of age and not a party to this legal action. 2. | served a copy of the Objection to Production of Records as follow (complete either a or b): a. ON THE REQUESTING PARTY Mm] Personal service. | personally delivered the Objection to Production of Records as follows: (i) Name of person served: (iii) Date served: (ii) Address where served: (iv) Time served: @[] Mail. | deposited the Objection to Production of Records in the United States mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows: (i) Name of person served: (iii) Date of mailing: (ii) Address: (iv) Place of mailing (city and state): (v) | am resident of or employed in the county where the Objection to Production of Records was mailed. b. ON THE WITNESS: M[] Personal service. | personally delivered the Objection to Production of Records as follows: (iy Name of person served: (iii) Date served: (ii) Address where served: (iv) Time served: @[] Mail. | deposited the Objection to Production of Records in the United States mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows: (i) Name of person served: (iii) Date of mailing: (ii) Address: (iv) Place of mailing (city and state): (v)| am a resident of or employed in the county where the Objection to Production of Records was mailed. 3. My residence or business address is (specify): 4. My phone numberis (specify): | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME OF PERSON WHO SERVED) (SIGNATURE OF PERSON WHO SERVED) Page 2 of 2 NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION 5774230-01/CPROOF16™ SLBR-025(Rey.January?1,,2000] (Code Civ. Proc.,§§ 1985.3, 1985.6) SUBP-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): Ref. No. or File No. FOR COURT USE ONLY Nancy Allard, SBN 256640 Law Offices of Shahin Karim 1255 Treat Boulevard, Suite 240 Walnut Creek, CA 94597 TELEPHONE NO.: (925) 977-1400 FAX NO.(optional): (925) 937-2385 E-MAIL ADDRESS(Optional): ATTORNEY FOR(Name): Defendant - Kyle Nitchy SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco street apbress: 400 McAllister Street MAILING ADDRESS: city anp zie cope: San Francisco, 94102 BRANCH NAME: PLAINTIFF/PETITIONER: Ronnie Wilborn DEFENDANT/RESPONDENT: Kyle Nitchy DEPOSITION SUBPOENA CASE NUMBER:For Production of Business Records CGC-15-548895 THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known): (510) 265-2549 CUSTODIAN OF RECORDS FOR: Richard A. Nolan, MD, 2100 Otis Drive, Suite B, Alameda, CA 94501-5715 1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3, as follows: To (name of deposition officer): ABI Document Support Services On (date): November 24,2016 At (time): 10:00 am Location (address): 2015 W. Park Avenue, Suite 13, Redlands, CA 92373 Do not release the requested records to the deposition officer prior to the date and time stated above. a. [] by delivering a true,legible and durable copy of the business records described in item 3, enclosed in a sealed inner wrapper with the title and number of the action, name of witness, and date of subpoena clearly written on it. The inner wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposition officer at the address in item 1. b. [1] by delivering a true, legible and durable copy of the business records described in item 3 to the deposition officer at the witness's address, on receipt of payment in cash or by check of the reasonable costs of preparing the copy, as determined under Evidence Code Section 1563(b). c by making the original business records described in item 3 available for inspection at your business address by the attorney's representative and permitting copying at your business address under reasonable conditions during normal business hours. 2. The records are to be produced by the date and time shown in item 1 (but not sooner than 20 days after the issuance of the deposition subpoena, or 15 days after service, whicheverdate is later). Reasonable costs of locating records, making them available or copying them, and postage, if any, are recoverable as set forth in Evidence Code Section 1563(b). The records shall be accompanied by anaffidavit of the custodian or other qualified witness pursuant to Evidence Code Section 1561. 3. The records to be produced are described as follows: See attachment '3' regarding the description of records to be produced pertaining to Ronnie Wilborn, DOB: May 18, 1972, SS# UNK, from any and all dates. Continued on Attachment 4. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: October 27,2016 > YY Ade Nancy Allard (SIGNATURE OF PERSON ISSUING SUBPOENA) (TYPE OR PRINT NAME) Attorney at Law (TITLE) Page one of two (Proofofservice on page two) Form Adopted for Mandatory U Code Civil Procedure, 2020.410-2020.440; *adicialCouncil ofCatloia. DEPOSITION SUBPOENA FOR PRODUCTION ode or bv Procedure SE Code, § 15(a)(e); SUB-010[Rev. January 1, 2012] OF BUSINESS RECORDS Government Code § 68097.1 Order#:5774230-01/CPROOF105*1 www.abidss.com ATTACHMENT 3 Case Number: CGC-15-548895 Case Name: Ronnie Wilborn vs. Kyle Nitchy The records to be produced are described as follows: Complete file regarding the aforementioned case, including, but not limited to, your most recent curriculum vitae, all records, statements, correspondence, reports, memoranda or other documentation that have been provided to you from the Claimant’s counsel or from any other source in the case or that you or your agents have prepared. Any and all medical records, dental records, hospital records, reports, x-rays, MRI'S, charges, notes, histories, laboratory records and reports, diagnostic test reports, doctor's notes, nurses’ notes, and correspondence and all other matters pertaining to the care, treatment and prognosis of RONNIE WILBORN, including any and all records that have been provided to you from Plaintiff's counsel or any other source in this case. All documents, correspondence, memoranda, telephone memoranda, invoices, billing statements, test data, photographs, diagrams, charts, drawings, graphical designs, models, mock-ups, overlays, animated material, computerized information (including computer reproductions, etc. videotapes, audiotapes, opinions, reports, resource materials, and all other writings (as defined in California Evidence Code Section 250) underlying or reflecting any thoughts, opinions, conclusions, or upon which you relied in arriving at your thoughts, opinions, or conclusions, relating to the events or circumstances alleged in this action. Orderi#:5774230-01/CPROOF105"2 CPROOF105ATT PROOF OF SERVICE (C.C.P. Section 1013(a) and 2015.5) Case No.: CGC-15-548895 Case Name: Ronnie Wilborn Vs. Kyle Nitchy | am a resident of the State of California, County of San Bernardino. | am over the age of eighteen years and not a party to the entitled action; my business address is 2015 W. Park Avenue, Suite 13, Redlands, CA 92373. On October 27, 2016 | served the foregoing documents: Notice to Consumer Deposition Subpoena - Business Records Only To each party in said action, by placing a true copy thereof enclosed in a sealed envelope; with postage thereon fully prepaid, in the United States mail at Redlands, CA, to the addresseslisted below: Law Offices of Brian L. Larsen Brian L. Larsen, Esq. 530 Jackson Street, 2nd Floor San Francisco, CA 94133 Attorney(s) for Plaintiff, Ronnie Wilborn | declare under penalty of perjury underthe laws of the State of California that the forgoing is true and correct. Executed on October 27, 2016, at Redlands, CA. By: 2 . Connie Cain Order#: 5774230-01/CPROOF23* EXHIBIT D Deliver To: Records of: Case Title: Nancy Allard Law Offices of Shahin Karim 1255 Treat Boulevard, Suite 240 Walnut Creek, CA 94597 Ronnie Wilborn Ronnie Wilborn vs. Kyle Nitchy Claim / File #: BI;2016-05389/ Policy #: Insured: Date of Loss: Location: Memo: 20538613 Kyle Nitchy 06/03/2015 Richard A. Nolan, MD 2100 Otis Drive, Suite B Alameda, CA 94501-5715 Please find the attached affidavit of no records. law INRAA 5774230-01 Order#.5774230-01/ABI22C* 141303876 SUBP-010 ATTORNEY CR PARTY WITHQUT ATTORNEY (Name, state bar number, and address): Ref. No. orFile No. FOR COURT USE ONLY Nancy Allard, SBN 256640 Law Offices of Shahin Karim 1255 Treat Boulevard, Suite 240 Walnut Creek, CA 94597 TELEPHONE No.: (925) 977-1400 Fax No(optional): (925) 937-2385 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Defendant - Kyle Nitchy SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco street aopress: 400 McAllister Street MAILING ADDRESS: city anp zie cope: San Francisco, 94102 BRANCH NAME: PLAINTIFF/PETITIONER: Ronnie Wilborn DEFENDANT/RESPONDENT: Kyle Nitchy DEPOSITION SUBPOENA CASE NUMBER:For Production of Business Records CGC-15-548895 THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known): (510) 265-2549 CUSTODIAN OF RECORDS FOR: Richard A. Nolan, MD, 2100 Otis Drive, Suite B, Alameda, CA 94501-5715 1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3, as follows: To (name of deposition officer). ABI Document Support Services On (date). November 24, 2016 At (time). 10:00 am Location (address). 2015 W. Park Avenue, Suite 13, Redlands, CA 92373 Do not release the requested records to the deposition officer prior to the date and time stated above. a. [] by delivering a true, legible and durable copy of the business records described in item 3, enclosed in a sealed inner wrapperwith the title and number of the action, name of witness, and date of subpoena clearly written on it. The inner wrappershall then be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposition officer at the address in item 1. b. [] by delivering a true, legible and durable copy of the business records described in item 3 to the deposition officer at the witness's address, on receipt of paymentin cash or by check of the reasonable costs of preparing the copy, as determined under Evidence Code Section 1563(b). G. by making the original business records described in item 3 available for inspection at your business address by the attorney's representative and permitting copying at your business address under reasonable conditions during normal business hours. 2. The records are to be produced by the date and time shown in item 1 (but not sooner than 20 days after the issuance of the deposition subpoena, or 15 days after service, whichever date is later). Reasonable costs oflocating records, making them available or copying them, and postage, if any, are recoverable as set forth in Evidence Code Section 1563(b). The records shall be accompanied by an affidavit of the custodian or other qualified witness pursuant to Evidence Code Section 1561. 3. The records to be produced are described as follows: See attachment '3' regarding the description of records to be produced pertaining to Ronnie Wilborn, DOB: May 18, 1972, SS# UNK, from any and all dates. Continued on Attachment 4. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER ORAGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS. TooOF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: October27, 2016 b> VAR"Ao Nancy Allard (SIGNATURE OF PERSON ISSUING SUBPOENA) (TYPE OR PRINT NAME) Attorney at Law (TITLE) Page one of two (Proofof service on page two) a DEPOSITION SUBPOENA FOR PRODUCTION Coda of Chil Procedure,St: SUB-010|Rev. January 1, 2012] OF BUSINESS RECORDS Government Code § 68097.1 Order#:5774230-01/CPROOF 10541 www.abldss.com ATTACHMENT 3 Case Number: CGC-15-548895 Case Name: Ronnie Wilborn VS. Kyle Nitchy The records to be produced are described as follows: Complete file regarding the aforementioned case, including, but not limited to, your most recent curriculum vitae, all records, statements, correspondence, reports, memoranda or other documentation that have been provided to you from the Claimant's counsel or from any other source in the case or that you oryour agents have prepared. Any and all medical records, dental records, hospital records, reports, x-rays, MRI'S, charges, notes, histories, laboratory records and reports, diagnostic test reports, doctor's notes, nurses’ notes, and correspondence and all other matters pertaining to the care, treatment and prognosis of RONNIE WILBORN, including any and all records that have been provided to you from Plaintiff's counsel or any other source in this case. All documents, correspondence, memoranda, telephone memoranda, invoices, billing statements, test data, photographs, diagrams, charts, drawings, graphical designs, models, mock-ups, overlays, animated material, computerized information (including computer reproductions, etc. videotapes, audiotapes, opinions, reports, resource materials, and all other writings (as defined in California Evidence Code Section 250) underlying or reflecting any thoughts, opinions, conclusions, or upon which you relied in arriving at your thoughts, opinions, or conclusions, relating to the events or circumstances alleged in this action. Order#:5774230-01/CPROOF105*2 CPROOF105ATT SUBP-010 PLAINTIFF/PETITIONER: Ronnie Wilborn CASE NUMBER: DEFENDANT/RESPONDENT: Kyle Nitchy FRCLINNNS PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS 1. | served this Deposition Subpoena for Production of Business Records by personally delivering a copy to the person served as follows: a. Person served (name). christina b. Address where served: 2100 Otis Drive, Suite B Alameda, CA 94501-5715 c¢. Date of delivery: 11/08/2016 d. Time of delivery: 08:40 am e. (1) xx| Witness fees were paid. Amount: ........... $ 15.00 (2) [1] Copying fees were paid. Amount; x : « seis $ .00 f. Feeforservice: ............... $ .00 2. | received this subpoena for service on (date)October 27, 2016 3. Person serving: f. Registered professional photocopier. h. Name, address, and telephone number, and, if applicable, county of registration and number: Ray Flores ABI Document Support Services 2015 W. Park Avenue, Suite 13 Redlands, CA 92373 Registration No.: 551 County: San Bernardino I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: November 8, 2016 (SIGNATURE) Ray Flores SUBP-010 [Rev. January 1, 2012] PROO F OF SERVICE -- DEPOSITION SUBPOENA FOR PRODUCTION Order#:5774230-01/CPROOF 106M OF BUSINESS RECORDS www.abidss.com ¥ 1178/2016 14:17 Richard A. Nolan, M.D. Rebecca Nolan- 2/2 REFERENCENO, 5774230-01 AFFIDAVIT OF NO RECORDS Records Pertain to; Ronnte Wilborn Date ofBirth: May 18, 1972 Other Identification: UNK I, the undersigned, being the duly authorized custodian ofrecords for: Richard A. Nolan, MID 2100 Otis Drive, Suite B, Alameda, CA 94501-8715 A thorough search ofour files made byme or undermy direction and control revealed no records, documents, or other things described in the Subpoena or Authorization presented to mo, no such records exist in our files. It is also understood that this affidavit is limited to the information supplied to me, and such records may exist under another name, spelling, or other identifying data. DESCRIPTIONOFTHE RECORDS REQUESTED See attachment '3' regarding the description ofrecords to be produced pertaining to Ronnie Wilbom, DOB: May 18, 1972, SS#UNK, from any and all dates. Records Requested NeverExlsted Destroyed Lost Other Medical x a O Billing vs] a a X-Rays / Films 0 0 ( Employment a a a Payroll O 0 O Insurance a ( a Other 1 hereby declare underpenaltyofperjury under the laws ofthe StateofCalifo that theforegoing is true andcorrect. Executed on: /l-£ /6 at: Date Clty and State 74-& /6 SIGNED Bintan Print Name 0 SignatureofCustodian ofRecords OxtiecdBTT4230-01/ABIT_NoRec™*l EXHIBIT E w h B A W N N O 10 11 12 13 14 15 16 17 18 19 20 21 om 23 24 25 26 27 28 NANCY S. ALLARD, No. 256640 LAW OFFICES OF SHAHIN KARIM 1255 Treat Blvd, Suite 240 Walnut Creek, California 94597 Tel: (925) 977-1400 Fax: (925) 937-2385 Attorneys for Defendant, KYLE NITCHY SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION RONNIE WILBORN, Case No. CGC-15-548895 Plaintiff, VS. NOTICE OF TAKING DEPOSITION AND DEMAND FOR PRODUCTION, INSPECTION AND COPYING OF DOCUMENTS AT DEPOSITION KYLE NITCHY, DOES 1 TO 10, Defendants. TO ALL PARTIES AND THEIR ATTORNEYS OF RECORDS: PLEASE TAKE NOTICE that the deposition of JAMES HUGHES will be taken in the above-entitled action before a Certified Shorthand Reporter duly authorized to administer oaths in and forthe State of California, on November 22, 2016, at 10:00 a.m. at 1255 Treat Boulevard, Suite 240, Walnut Creek, California 94597 and will continue thereafter, Sundays and holidays excluded, until completion thereof. You are furthernotified that the deposing party may record the deposition by videotape in addition to the stenographic method and that the recording by the stenographic method may include instant visual display ofthe testimony. NOTICE OF TAKING DEPOSITION N O 0 9 O N h h A W N = N O N D O N N N N N N ® I A G R A O R O R S 0 ® O r r E D » P = 2 You are also hereby notified and required pursuant to California Code of Civil Procedure Section 2025.220 to produce at the time of said deposition the documents described in Attachment "A" attached hereto and incorporated herein bythis reference. DATED: November10, 2016 LAW OFFICES OF SHAHIN KARIM JYrho NANCY S. ALLARD Attorney for Defendant, KYLE NITCHY By Bs NOTICE OF TAKING DEPOSITION S S W N ~ N Y W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT A Your completefile including a copy of your most recent curriculum vitae. This demand includes, but is not limited to, the following: any and all records, statements, correspondence, reports, memoranda or other documentation that have been provided to you from counsel for Plaintiff or from any other source in the case or that you or your agents have prepared. All documents, correspondence, memoranda, telephone memoranda, invoices, billing statements, test data, photographs, diagrams, charts, drawings, animated material, computerized information (including computer reproductions, reenactments, etc.), mathematical formulas relied upon, videotapes, films, audiotapes, opinion, reports, graphical designs, modes, mock-ups, overlays, resource materials and all other writings (as defined in California Evidence Code Section 250) underlying or reflecting any thoughts, opinions, or conclusions, relating to the events or circumstances alleged in this action. O o R X 9 A n n B A W N = N O R R O N R N N N N = o m ® J A RE B N ~~ SS © ® Q E » 0 Z B PROOF OF SERVICE [1013(a)(1)&(3) CCP (Rev.1/98)] Wilborn v. Nitchy Superior Court, San Francisco County, Case Number: CGC-15-548895 I, the undersigned, declare that: I am over the age of 18 years and not a party to the within action. I am employed in the County of Contra Costa, State of California, where the within mailing or other method of service occurs, and my business address is 1255 Treat Blvd, Suite 240, Walnut Creek, California 94597. On the datelisted below, I served the foregoing document described as NOTICE OF TAKING DEPOSITION AND DEMAND FOR PRODUCTION, INSPECTION AND COPYING OF DOCUMENTS AT DEPOSITION on the interested parties listed below: Brian L. Larsen, Esq. LAW OFFICES OF BRIAN L. LARSEN 530 Jackson Street San Francisco, CA 94133 Attorneys for Plaintiff, RONNIE WILBORN Phone: 415-398-5000 Fax: 415-398-5080 IX] U.S. MAIL,by placing a true copy thereof in a separate sealed envelope for each addressee named above, addressed to each such addressee, respectively, and I then sealed each envelope and, with the postage thereon fully prepaid, placed it for mailing and deposit in the United States Postal Service in accordance with our business' practices. Iam readily familiar with our business practice for collection and processing of correspondence for mailing with the United States Postal Service; and that the correspondence shall be deposited with the United States Postal Service this same day in the ordinary course of business. XI FACSIMILE TRANSMISSION, by sending a true copy of the above-described document via facsimile on November 10, 2016, from facsimile number (925) 937-2385 to facsimile number(415) 398-5080 which numberis known to be the facsimile numberfor the above-named individuals being served herein. The facsimile transmission was confirmed as complete and without error, and a copy of the transmission report attached hereto was properly issued by the transmitting facsimile machine. © © NN A Un B A W N D N N D N D N N N N N D = = Executed at Walnut Creek, California on November 10, 2016. I declare under penalty of perjury under the laws of the State of California thatseismoTobit DEENA L. WHITE Electronically signed pursuant to Civil Code §1633.7(d) which states: “If the law requires a signature, an electronic signature satisfies the law.” EXHIBIT F SUBP-025 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): Law Offices of Shahin Karim Nancy Allard, 256640 1255 Treat Boulevard, Suite 240 Walnut Creek, CA 94597 TELEPHONE NO.: ATTORNEY FOR (Name): (925) 977-1400 raxno: (925) 937-2385 Defendant - Kyle Nitchy NAME OF COURT: STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: San Francisco Superior Court 400 McAllister Street San Francisco 94102 BRANCH NAME: PLAINTIFF/PETITIONER: Ronnie Wilborn CASE NUMBER: DEFENDANT/RESPONDENT: Kyle Nitchy CGC-15-548895 NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION (Code Civ. Proc.,§§ 1985.3, 1985.6) (1 NOTICE TO CONSUMER OR EMPLOYEE TO (name): Ronnie Wilborn AND/OR ATTORNEY OF RECORD PLEASE TAKE NOTICE THAT REQUESTING PARTY (name): Kyle Nitchy SEEKS YOUR RECORDS FOR EXAMINATION by the parties to this action on (Specify Date): December 13, 2016 The records are described in the subpoena directed to witness (specify name and address ofperson orentity from whom records are sought): James Hughes, 1587 Filippini Way, Petaluma, CA 94952 A copy of the subpoenais attached. If you object to the production of these records, YOU MUST DO ONE OF THE FOLLOWING BEFORE THE DATE SPECIFIED IN ITEM a. OR b. BELOW: a. If you are a party to the above-entiltled action, you mustfile a motion pursuant to Code of Civil Procedure section 1987.1 to quash or modify the subpoena and give notice of that motion to the witness and the deposition officer named in the subpoena at least five days before the date set for the production of the records. b. If you are not a party to this action, you must serve on the requesting party and on the witness, before the date set for production of the records, a written objection that states the specific grounds on which production of such records should be prohibited. You may use the form below to object and state the grounds for your objection. You must complete the Proof of Service on the reverse side indicating whether you personally served or mailed the objection. The objection should not befiled with the court. WARNING: IF YOUR OBJECTION IS NOT RECEIVED BEFORE THE DATE SPECIFIED IN ITEM 1, YOUR RECORDS MAY BE PRODUCED AND MAY BE AVAILABLE TO ALL PARTIES. YOU OR YOUR ATTORNEY MAY CONTACT THE UNDERSIGNED to determine whether an agreement can be reached in writing to cancel orlimit the scope of the subpoena. If no such agreementis reached, and if you are not otherwise represented by an attorneyin this action, YOU SHOULD CONSULT AN ATTORNEY TO ADVISE YOU OF YOUR RIGHTS OF PRIVACY. Date: 11/14/2016 Nancy Allard > YE / (TYPE OR PRINT NAME) (SIGNATURE OF [] REQUESTING PARTY ATTORNEY OBJECTION BY NON-PARTY TO PRODUCTION OF RECORDS 1.1 objectto the production of all of my records specified in the subpoena. C1 object only to the production of the following specified records: . The specific grounds for my objection are as follows: Date: (TYPE OR PRINT NAME) > (SIGNATURE) (See next page for proofof service) Page 1o0f2 Form Adopted for Mandatory Use NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION aos Judicial Council of California (Code Civ. Proc.§§, 1985.3, 1985.6) 2020.010-202.510 www.abidss.comSUBP-025 [Rev. January 1, 2008] Order#: 5779081-01/CPROOF15M SUBP-025 PLAINTIFF/PETITIONER: Ronnie Wilborn CASE NUMBER: DEFENDANT/RESPONDENT: Kyle Nitchy CGC-15-548895 PROOF OF SERVICE OF NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION (Code Civ. Proc.,§§ 1985.3, 1985.6) [1] Personal Service xx] Mail 1. At the time of service | was at least 18 years of age and not a party to this legal action. 2. | served a copy of the Notice to Consumer or Employee and Objection as follows (check either a or b): a.L_] Personal service. | personally delivered the Notice to Consumer or Employee and Objection as follows: (1)Name of person served: (3) Date served: (2) Address: (4) Time served: b. [XX] Mail. | deposited the Notice to Consumer or Employee and Objection in the United States mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows: (1) Name of person served: Brian L. Larsen, Esq. (3) Date of mailing: 11/14/2016 (2) Address: 530 Jackson Street, 2nd Floor, (4) Place of mailing: Redlands, CA San Francisco, CA 94133 5)! on a resident of or employed in the county where the Notice to Consumer or Employee and Objection was mailed. c. My residence or business address is (specify): 2015 W. Park Avenue, Suite 13, Redlands, CA 92373 d. My phone numberis (specify): (909) 793-0613 | declare under penalty of perjury under the laws of the laws of the State of California that the foregoing is true and correct. Date: 11/14/2016 1 Connie D. Cain > (TYPE OR PRINT NAME OF PERSON WHO SERVED) (SIGNATURE OF PERSON WHO SERVED) PROOF OF SERVICE OF OBJECTION TO PRODUCTION OF RECORDS (Code of Civ. Proc.,§§ 1985.3, 1985.6) [1 Personal Service [_] Mail 1. At the time of service | was at least 18 years of age and not a party to this legal action. 2. | served a copy of the Objection to Production of Records as follow (complete either a or b): a. ON THE REQUESTING PARTY Mm] Personal service. | personally delivered the Objection to Production of Records as follows: (iy Name of person served: (iii) Date served: (ii) Address where served: (iv) Time served: @[] Mail. | deposited the Objection to Production of Records in the United States mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows: (i) Name of person served: (iii) Date of mailing: (ii) Address: (iv) Place of mailing (city and state): (v) 1 am resident of or employed in the county where the Objection to Production of Records was mailed. b. ON THE WITNESS: MN] Personal service. | personally delivered the Objection to Production of Records as follows: (iy Name of person served: (iii) Date served: (ii) Address where served: (iv) Time served: @[] Mail. | deposited the Objection to Production of Records in the United States mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows: (i) Name of person served: (iii) Date of mailing: (ii) Address: (iv) Place of mailing (city and state): (v) | am a resident of or employed in the county where the Objection to Production of Records was mailed. 3. My residence or business address is (specify): 4. My phone numberis (specify): | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME OF PERSON WHO SERVED) (SIGNATURE OF PERSON WHO SERVED) Page 2 of 2NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION SUBP-02{Rev.January 1 2008] (Code Civ.Proc.,§§ 1985.3, 1985.6) 5779081-01/CPROOF16*1 SUBP-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name,state bar number, and address): Ref. No.or File No. FOR COURT USE ONLY Nancy Allard, SBN 256640 Law Offices of Shahin Karim 1255 Treat Boulevard, Suite 240 Walnut Creek, CA 94597 TELEPHONE NO.: (925) 977-1400 FAX NO.(optional): (925) 937-2385 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Defendant - Kyle Nitchy SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco sTrReeT Appress: 400 McAllister Street MAILING ADDRESS: city anp zip cope: San Francisco, 94102 BRANCH NAME: PLAINTIFF/PETITIONER: Ronnie Wilborn DEFENDANT/RESPONDENT: Kyle Nitchy DEPOSITION SUBPOENA CASE NUMBER:For Production of Business Records CGC-15-548895 THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known): (707) 763-3313 CUSTODIAN OF RECORDS FOR: James Hughes, 1587 Filippini Way, Petaluma, CA 94952 1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3, as follows: To (name of deposition officer): ABI Document Support Services On (date): December 13,2016 At (time): 10:00 am Location (address): 2015 W. Park Avenue, Suite 13, Redlands, CA 92373 Do not release the requested records to the deposition officer prior to the date and time stated above. a. [] by delivering a true, legible and durable copy ofthe business records described in item 3, enclosed in a sealed inner wrapper with the title and number of the action, name of witness, and date of subpoena clearly written on it. The inner wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposition officer at the address in item 1. b. [] by delivering a true, legible and durable copy of the business records described in item 3 to the deposition officer at the witness's address, on receipt of paymentin cash or by check of the reasonable costs of preparing the copy, as determined under Evidence Code Section 1563(b). Cc. by making the original business records described in item 3 available for inspection at your business address by the attorney's representative and permitting copying at your business address under reasonable conditions during normal business hours. 2. The records are to be produced by the date and time shown in item 1 (but not sooner than 20 days after the issuance of the deposition subpoena, or 15 days after service, whichever date is later). Reasonable costs of locating records, making them available or copying them, and postage, if any, are recoverable as set forth in Evidence Code Section 1563(b). The records shall be accompanied by an affidavit of the custodian or other qualified witness pursuant to Evidence Code Section 1561. 3. The records to be produced are described as follows: See attachment 'A’ regarding the description of records to be produced pertaining to Ronnie Wilborn, DOB: May 18, 1972, SS# UNK, from any and all dates. [xx] Continued on Attachment 4. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: November 14, 2016 Bb Ye Ail Nancy Allard (SIGNATURE OF PERSON ISSUING SUBPOENA) (TYPE OR PRINT NAME) Attorney at Law (TITLE) Page one of two (Proof of service on page two) Fopetae DEPOSITION SUBPOENA FOR PRODUCTION Cote ofi ProsarS2048202.0 SUB-010[Rev. January 1, 2012) OF BUSINESS RECORDS Government Code § 68097.1 Order#:5779081-01/CPROOF105*1 www.abidss.com ATTACHMENT 3 Case Number: CGC-15-548895 Case Name: Ronnie Wilborn Vs. Kyle Nitchy The records to be produced are described as follows: Your complete file including a copy ofyour most recent curriculum vitae. This demand includes, but is not limited to, the following: any and all records, statements, correspondence, reports, memoranda or other documentation that have been provided to you from counsel for Plaintiff or from any other source in the case or that you or your agents have prepared. All documents, correspondence, memoranda, telephone memoranda, invoices, billing statements, test data, photographs, diagrams, charts, drawings, animated material, computerized information (including computer reproductions, reenactments, etc.), mathematical formulas relied upon, videotapes, films, audiotapes, opinion, reports, graphical designs, modes, mock-ups, overlays, resource materials and all other writings (as defined in California Evidence Code Section 250) underlying or reflecting any thoughts, opinions, or conclusions, relating to the events or circumstances alleged in this action. Orderi#:5779081-01/CPROOF105"2 CPROOF105ATT PROOF OF SERVICE (C.C.P. Section 1013(a) and 2015.5) Case No.: CGC-15-548895 Case Name: Ronnie Wilborn VS. Kyle Nitchy | am a resident of the State of California, County of San Bernardino. | am over the age of eighteen years and not a party to the entitled action; my business address is 2015 W. Park Avenue, Suite 13, Redlands, CA 92373. On November 14, 2016 | served the foregoing documents: Notice to Consumer Deposition Subpoena - Business Records Only To each party in said action, by placing a true copy thereof enclosed in a sealed envelope; with postage thereon fully prepaid, in the United States mail at Redlands, CA,to the addresses listed below: Law Offices of Brian L. Larsen Brian L. Larsen, Esq. 530 Jackson Street, 2nd Floor San Francisco, CA 94133 Attorney(s) for Plaintiff, Ronnie Wilborn | declare under penalty of perjury under the laws of the State of California that the forgoing is true and correct. Executed on November 14, 2016, at Redlands, CA. By: oD . Connie Cain Order#: 5779081-01/CPROOF23M EXHIBIT G Deliver To: Records of: Case Title: Nancy Allard Law Offices of Shahin Karim 1255 Treat Boulevard, Suite 240 Walnut Creek, CA 94597 Ronnie Wilborn Ronnie Wilborn vs. Kyle Nitchy Claim / File #: BIl;2016-05389/ Policy #: Insured: Date of Loss: Location: Memo: 20538613 Kyle Nitchy 06/03/2015 James Hughes 1587 Filippini Way Petaluma, CA 94952 Please find the attached affidavit of no records. hbp NURI 5779081-01 Order#:5779081-01/AB122C4141310610 SUBP-010 ATTORNEY CR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): Ref. No. or File No. FOR COURT USE ONLY Nancy Allard, SBN 256640 Law Offices of Shahin Karim 1255 Treat Boulevard, Suite 240 Walnut Creek, CA 94597 TELEPHONE No: (925) 977-1400 FAX NO.(optional): (925) 937-2385 E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Defendant - Kyle Nitchy SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco street aopress: 400 McAllister Street MAILING ADDRESS: city anp zip cope: San Francisco, 94102 BRANCH NAME: PLAINTIFF/PETITIONER: Ronnie Wilborn DEFENDANT/RESPONDENT: Kyle Nitchy DEPOSITION SUBPOENA CASE NUMBER:For Production of Business Records CGC-15-548895 THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, ifknown): (707) 763-3313 CUSTODIAN OF RECORDS FOR: James Hughes, 1587 Filippini Way, Petaluma, CA 94952 1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3, as follows: To (name of deposition officer): ABI Document Support Services On (date): December 13, 2016 At (time): 10:00 am Location (address): 10459 Mountain View Avenue, Suite A, Loma Linda, CA 92354 Do not release the requested records to the deposition officer prior to the date and time stated above. a. [] by delivering a true, legible and durable copy of the business records described in item 3, enclosed in a sealed inner wrapper with the title and number of the action, name of witness, and date of subpoena clearly written on it. The inner wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposition officer at the address in item 1. b. [] by delivering a true, legible and durable copy ofthe business records described in item 3 to the deposition officer at the witness's address, on receipt of payment in cash or by check of the reasonable costs of preparing the copy, as determined under Evidence Code Section 1563(b). G. by making the original business records described in item 3 available for inspection at your business address by the attorney's representative and permitting copying at your business address under reasonable conditions during normal business hours. 2. The records are to be produced by the date and time shown in item 1 (but not sooner than 20 days afterthe issuance of the deposition subpoena, or 15 days after service, whichever date is later). Reasonable costs of locating records, making them available or copying them, and postage,if any, are recoverable as set forth in Evidence Code Section 1563(b). The records shall be accompanied by an affidavit of the custodian or other qualified witness pursuant to Evidence Code Section 1561. 3. The records to be produced are described as follows: See attachment 'A’ regarding the description of records to be produced pertaining to Ronnie Wilborn, DOB: May 18, 1972, SS# UNK, from any and all dates. Continued on Attachment 4. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS. Teoma OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: November14, 2016 b> IEJy Nancy Allard (SIGNATURE OF PERSON ISSUING SUBPOENA) (TYPE OR PRINT NAME) Attorney at Law (TITLE) Page one of two (Proof of service on page two) FoFuicialCounciofCaliomia. DEPOSITION SUBPOENA FOR PRODUCTION Code of CivProcedure, §§2020.410-2020.440 SUB-010{Rev. January 1, 2012] OF BUSINESS RECORDS Government Code § 68097.1 Order#:5779081-01/CPROCF 10581 www.abldss.com ATTACHMENT 3 Case Number: CGC-15-548895 Case Name: Ronnie Wilborn VS. Kyle Nitchy The records to be produced are described as follows: Your complete file including a copy of your most recent curriculum vitae. This demand includes, but is not limited to, the following: any and all records, statements, correspondence, reports, memoranda or other documentation that have been provided to you from counsel for Plaintiff or from any other source in the case or that you or your agents have prepared. All documents, correspondence, memoranda, telephone memoranda, invoices, billing statements, test data, photographs, diagrams, charts, drawings, animated material, computerized information (including computer reproductions, reenactments, etc.), mathematical formulas relied upon, videotapes, films, audiotapes, opinion, reports, graphical designs, modes, mock-ups, overlays, resource materials and all other writings (as defined in California Evidence Code Section 250) underlying or reflecting any thoughts, opinions, or conclusions, relating to the events or circumstances alleged in this action. Order#:5779081-01/CPROOF105"2 CPROOF105ATT SUBP-010 PLAINTIFF/PETITIONER: Ronnie Wilborn CASE NUMBER: DEFENDANT/RESPONDENT: Kyle Nitchy Beg~1A~RAR0Hn PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS 1. | served this Deposition Subpoena for Production of Business Records by personally delivering a copy to the person served as follows: a. Person served (name): b. Address where served: ’ ¢. Date of delivery: d. Time of delivery: e. (1) [] Witness fees were paid. Amount: ........... $ .00 (2) [] Copying fees were paid. Amount: ........... $ .00 f. Feeforservice: . .............. $ .00 2. | received this subpoena for service on (date). 3. Person serving: f. Registered professional photocopier. h. Name, address, and telephone number, and, if applicable, county of registration and number: ABI Document Support Services 10459 Mountain View Avenue, Suite A Loma Linda, CA 92354 Registration No.: County: I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (SIGNATURE) SUBP-010 [Rev. January 1, 2012] PROOF OF SERVICE Pm DEPOSITION SUBPOENA FOR PRODUCTION Order#:5779081-01/CPROOF 106M OF BUSINESS RECORDS www.abidss.com ATTACHMENT 3 Case Number: CGC-15-548895 Case Name: Ronnie Wilborn VS. Kyle Nitchy The records to he produced are described as follows: Your complete file including a copy ofyour most recent curriculum vitae. This-demand includes, butis not limited to, the following: any and all records, statements, correspondence, reports, memoranda or other documentation that have been provided to you from counsel for Plaintiffor from any other source in the case or that you or your agents have prepared. All documents, correspondence, memoranda,telephone memoranda, invoices,billing statements,test data, photographs, diagrams, charts, drawings, animated material, computerized information (including computer reproductions, reenactments,etc.), mathematical formulas relied upon, videotapes, films, audiotapes, opinion, reports, graphical designs, modes, mock-ups, overlays, resource materials and all other writings (as defined in California EvidenceCode Section 250) underlying or reflecting any thoughts, opinions, or conclusions,relating to the events or circumstances alleged in this action. Order# 5778081-01/ABI7_ATTA From: Jim Hughes [mailto:jimh1243@att.net] Sent: Wednesday, December 7, 2016 1:02 PM To: retrievaird Subject: RE: # 5779081-01 Ronnie Wilborn TO Jaime: With regard to the case of: Ronnie Wilborn vs Kyle Nitchy The law firm of Law Offices of Brian L. Larsen Brian L. Larsen, Esq. 530 Jackson Street, 2nd Floor San Francisco, CA 94133 | James Hughes of Reconstructions Unlimited was called aboutthis case however, after a diligent search of my records | found that Mr. Larsen's office has sent me no materials in regard to this matter as of this moment. | have attached a copy of my current CV in compliance with the records subpoena. Again there are no materials relating to the case which have been sent to my office. lL Sincerely, James Hughes Reconstructions Unlimited James Hughes P.O. Box 6417 Accident Reconstructionist Vacaville, CA 95696-6417 Tax ID # 94-3191629 Email: jimh1243@att.net Telephone (707) 763-3313 JAMES J. HUGHES ACCIDENT RECONSTRUCTION CONSULTANT CURRICULUM VITAE Accredited as a Traffic Accident Reconstructionist by '"ACTAR' in1993-1997-2003-2007-2012, ended membership 'ACTAR!'is the Accreditation Commission for Traffic Accident Reconstructionists Registration was # 061 TRAINING AND EDUCATION 1969 Instruction and training in Accident Investigation by the San Francisco Police Department's Academy. 1977 Obtained a California Teaching Credential in Police Science. Credential number. 1622373. 1978 Graduated with a Bachelor of Arts degree in Criminal Justice Administration, from Sonoma State University. The degree was awarded with honors and distinction in Criminal Justice, for outstanding contributions to the field. 1979 Completed the Accident Investigators Course given by the San Francisco Police Department. The course focused on speed / skidmark analysis and the effect of vehicular impacts. The course instructor was graduate of the Traffic Institute of Northwestern University. 1982 Graduated with a Master of Science degree in the field of Organizational / Industrial Psychology from San Francisco State University. 1983 Completed the driving while intoxicated Intoxilyzertraining, which focused on use of the Intoxilyzer for the detection of the intoxicated driver. 1986 Completed the Advanced Traffic Accident Investigation and Reconstruction course given bythe Northern California Criminal Justice Training and Education System Inc., Public Safety Center. This course of study was certified by the State of California, Peace Officer Standards and Training Division. Completed a course in the use of the Horizontal Gaze Nystagmus testing system for the identification and prosecution of intoxicated drivers. The course was given by and certified by the Traffic Institute Northwestern University. 1987 Completed the Traffic Accident Skidmark Analysis course at the College of the Redwoods in Eureka, California. This course of study was sponsored and certified by the State of California, Peace Officer Standards and Training Division. Attended a course in the Elements of Momentum in Las Vegas, Nevada. This seminar was conducted and certified by the Traffic Institute, Northwestern University, instructor Thad L. Aycock of Northwestern University. 1988 Attended a seminar on the History of Traffic Accident Reconstruction. Presenter was J. Standard Baker, 1 1988 1989 1989 1990 1991 reconstructionist from southern California. Attended a seminar on Demonstrative Evidence, The Animation of Traffic Accidents, by Douglas Filter of "LitiGraphics" in Denver Colorado. Attended a seminar on Occupant Kinematics, in rollover sequence and in collisions. Instructor was Grath Snyder of the San Diego Police Department and of Collision Trauma Analysis Reconstruction in San Diego. Completed the Accident Causation Analysis and Traffic Accident Reconstruction course. The instructor was James L. Gallion Lawyer, Consultant and developer of the Gallion Physical Evidence Calculator. Attended a seminar on Seat Belt Examination and Analysis, by Sgt. M. A. Seykoski, Accident Reconstructions, Arizona Department of Public Safety, in Phoenix, Ariz. Attended a seminar on Driving while under the influence of Drugs in Scottsdale, Arizona. Instructors were Deputy County Attorney Michelle K. O'Hair of Maricopa County, Arizona and Ms. Vicki Watts of the Mesa Crime Lab in Mesa, Arizona. Attended a head on crash test at Crash Failure Analysis in Phoenix, Arizona. Attended the Third Arizona Vehicular Homicide / DUI Conference in Tucson, Arizona. Attended a seminar on forensic evidence from the Autopsy and the role of the medical examiner in Tucson, Arizona. Instructors were Thomas E. Henry M.D. (Deputy Medical Examiner of Pima County, Arizona), Walter H. Birkby (Physical Anthropologist, University of Arizona), and Bruce O. Parks M.D. (Forensic Pathologist, University of Arizona). Attended a seminar on "Prospective Grid Photography and Photographic Evidence" in Tucson, Arizona. Instructor W.R. Haight of Associated Professional Investigations. Completed Northwestern University the Traffic Institute's course in Traffic Accident Reconstruction II. Attended a seminar on Pedestrian Accidents in Walnut, California. The instructors were W. R. Haight and Jerry Eubanks. Attended and participated in a skid test demonstration ofABS braking systems in Walnut, California. The testing was conducted by SATAI, on vehicles with ABS braking systems and with the ABS units disconnected for comparative analysis. Attended the 1990 SAE (Society of Automotive Engineers) Exposition and paper presentation which covered the following topics: Accident Reconstruction, Vehicle Crash-Worthiness Occupant Protection in Frontal Collisions and Rider-Passenger Protection in Motorcycle and Motorcycle Derivative Vehicle in Traffic Accidents. Attended a motorcycle crash test in Phoenix, Arizona which was put on by SATAI (Southwestern Association of Traffic Accident Investigators). Attended the review of basic Traffic Accident Reconstruction formula derivations, instructor Steve Castillo. Attended a seminar on Human Reaction and Perception, and Visibility Problems in Nighttime Driving (SAE paper 870600), in San Diego, California. Instructor was Dr. Paul L. Olsen of The University of Michigan, Transportation Research Institute. Attended the review of energy analysis in Traffic Accident Reconstruction formulas with their derivations. Instructor Gary Cooper, Director of Traffic Reconstructions for Northwestern University. 2 1992 1993 1995 2000 2010 Attended a motorcycle crash test in Phoenix, Arizona which was put on by SATAI (Southwestern Association of Traffic Accident Investigators). Attended and successfully completed the Master Trainer Occupant Protection Usage and Enforcement Instructor Workshop. This course was conducted in San Francisco by The U. S. Department of Transportation, National Highway Traffic Safety Administration. Attended a seminar on Collision Related Injuries and Biomechanics in San Diego, Ca. The instructors were Dr. A. Nahum MD. and Dr. Peter A. Orner, MD, PhD. Attended a seminar on Insurance Fraud Cases in San Diego, Ca. The instructor was Joe Delmarmol of the California Highway Patrol. Attended and successfully completed a course in Forensic Animation of Motor Vehicle Collisions,at the Road Safety Research Centre of Ryerson Polytechnical Institute, Centre for Advanced Technology Education in Toronto, Canada. Attended a seminar on Vehicle Safety Systems Las Vegas, Nevada. The instructors was William Morrison of Las Vegas, Nevada. Attended a seminar on Pedestrian Collisions in Los Angeles, California. Instructor was Gary Stevens of the Institute of Police Technology and Managementin Florida. Attended a series of 35 low speed rear end, broadside and sideswipe test crashes in Tempe, Arizona which were instrumented and some occupied and instrumented, to determine vehicle “G" forces and occupant "G"forces. Attended the world exposition and seminar on Accident Reconstructions WREX conference in College Station (Texas A&M) Texas. Multiple instructors and vehicular collisions and testing. Attended a seminar on Commercial Truck Electronic Data Interpretations / Glazing Loading & Performance in Rollover Collisions / Stability Related Accident Analysis with Motorcycles, Trikes & UTV's / Radial Tire Tread-Belt Separations. EXPERIENCE 1969 1975 1977 1979 1980 Employed by the San Francisco Police Department as a Police Officer. Assigned as a Field Training Officerin the Patrol Division, training new Police Officers in Traffic and Criminal investigation techniques. Became aninstructorwith the San Francisco Police Department's Regional Academy, instructing officers in Basic Traffic Laws and related incidents. Assigned as an scene Traffic Accident Investigation Instructorin the Field Training Division. Over 125 Officers were trained in on scenetraffic accident investigations. From 1975 through 2003, Investigated in excess of 6000 traffic accidents. Promoted to the Rank of Sergeant of Police and assigned to the Patrol Division as a field training and patrol supervisor. Authored the Traffic Accident Investigation Instructor Manual and developed the Traffic Accident Investigation course for the San Francisco Police Department. This course of study was certified by the State of California Peace Officer Standards and Training Division. 1982 1985 1987 1988 1988 1990 1996 1980 2000 Principal Instructor for the Traffic Accident Investigation course, for the San Francisco Police Department. From 1980 to the present Trained in excess of 800 Officers, Sergeants and Lieutenants from that Department as well as Officers from otherjurisdictions, the United States Army, the United States Navy, District Attorney Investigators from the San Francisco District Attorney's Office, members of the legal division of the San Francisco Police Department and investigators for the Municipal Transit District of San Francisco in this course of study. Currently all Officers assigned to the Traffic Accident Investigation units were required to attend that course. Assigned as the San Francisco Police Department's representative to assist the State of California, Peace Officer Standards and Training Division in the revision and restructuring oftraffic related training for Police Officers in California. Became a member of the faculty and part time instructor for Los Medanos Community College, the Contra Costa Community College District, in Traffic Accident Investigation, skidmark analysis and vehicular dynamics during collisions. Since 1987, | have qualified as an expert witness in reconstructions, kinematics and "G" forces, in the Superior Courts in Alameda, Contra Costa, Lake, Marin, Mendocino, Napa, San Francisco, Sacramento, San Mateo, Santa Clara, Sonoma and Solano Counties as well as the United States District Court. Authored the Intermediate Traffic Accident Investigation Instructors Manual and developed the Skidmark Analysis coursefor the San Francisco Police Department. This course of studywas certified by the State of California Peace Officer Standards and Training Division. Principal Instructorfor the Intermediate Traffic Accident Investigation Course (Skidmark Analysis) for the San Francisco Police Department. This course began in 1988 and continued to 2000, Officers and supervisors from both the San Francisco Police Department and the San Francisco International Airport Police were trained as well asofficers from other California Police Agencies.. Attended the Commission on Peace Officer Standards, traffic training update, wherein the State of California teaching standards were revised and updated. Graduated from the Bob Bondurant School of High Performance Driving having attended the Stunt Driving Course. Assigned to the Traffic Investigation and Enforcement Division - Motorcycle Unit as a Supervisor. To Present. During this period | have investigated, supervised the investigation, reviewed the investigation or corrected the reports for over 6000 traffic collisions and functioned as an investigation and reconstruction consultant during this period. Promoted to the Rank of Lieutenant of Police and assigned to the Traffic Investigation and Enforcement Division - Motorcycle Unit - Retired 2003. PROFESSIONAL ORGANIZATIONS AND MEMBERSHIPS Society of Automotive Engineers National Association of Professional Accident Reconstruction Specialists Society of Accident Reconstructionists Southwestern Association of Technical Accident Investigators EXHIBIT H 0 N N \ O 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NANCY S. ALLARD, No. 256640 LAW OFFICES OF SHAHIN KARIM 2121 N. California Blvd., Suite 845 Walnut Creek, California 94596 Tel: (925) 977-1400 Fax: (925) 937-2385 Attorneys for Defendant, KYLE NITCHY SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION RONNIE WILBORN, Case No. CGC-15-548895 Plaintiff, VS. RE-NOTICE OF TAKING DEPOSITION AND DEMAND FOR PRODUCTION, INSPECTION AND COPYING OF DOCUMENTS AT Defendants. DEPOSITION KYLE NITCHY, DOES 1 TO 10, TO ALL PARTIES AND THEIR ATTORNEYS OF RECORDS: PLEASE TAKE NOTICE that the deposition of JAMES HUGHES will be taken in the above-entitled action before a Certified Shorthand Reporter duly authorized to administer oaths in and forthe State of California, on January 17, 2017, at 1:00 p.m. at 2121 N. California Blvd., Suite 845, Walnut Creek, California 94596 and will continue thereafter, Sundays and holidays excluded, until completion thereof. You are further notified that the deposing party may record the deposition by videotape in addition to the stenographic method and that the recording by the stenographic method may include instant visual display ofthe testimony. RE-NOTICE OF TAKING DEPOSITION O o 0 9 O N w n A W N = I O S a E K R N N n n R A W N = O 0 N N N N R A W N = o You are also hereby notified and required pursuant to California Code of Civil Procedure Section 2025.220 to produce at the time of said deposition the documents described in Attachment "A" attached hereto and incorporated herein by this reference. DATED: January 10, 2017 LAW OFFICES OF SHAHIN KARIM Jrgithe NANCY S. ALLARD Attorney for Defendant, KYLE NITCHY By 29 RE-NOTICE OF TAKING DEPOSITION S O O 0 0 N O N W n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ATTACHMENT A Your complete file including a copy of your most recent curriculum vitae. This demand includes, but is not limited to, the following: any and all records, statements, correspondence, reports, memoranda or other documentation that have been provided to you from counsel for Plaintiff or from any other source in the case or that you or your agents have prepared. All documents, correspondence, memoranda, telephone memoranda, invoices, billing statements, test data, photographs, diagrams, charts, drawings, animated material, computerized information (including computer reproductions, reenactments, etc.), mathematical formulas relied upon, videotapes, films, audiotapes, opinion, reports, graphical designs, modes, mock-ups, overlays, resource materials and all other writings (as defined in California Evidence Code Section 250) underlying or reflecting any thoughts, opinions, or conclusions, relating to the events or circumstances alleged in this action. N O 0 9 A N W n B R W N N N N N D O N N N N N = o m e d m d p d p d e d p d a p m ® N A h E W N R S LV ® N o h E L =~ oo PROOF OF SERVICE [1013(a)(1)&(3) CCP (Rev.1/98)] Wilborn v. Nitchy Superior Court, San Francisco County, Case Number: CGC-15-548895 I, the undersigned, declare that: I am over the age of 18 years and not a party to the within action. I am employed in the County of Contra Costa, State of California, where the within mailing or other method ofservice occurs, and my business address is 2121 N. California Blvd., Suite 845, Walnut Creek, California 94596. On the date listed below, I served the foregoing document described as RE-NOTICE OF TAKING DEPOSITION AND DEMAND FOR PRODUCTION, INSPECTION AND COPYING OF DOCUMENTS AT DEPOSITION on the interested parties listed below: Brian L. Larsen, Esq. LAW OFFICES OF BRIAN L. LARSEN 530 Jackson Street San Francisco, CA 94133 Attorneys for Plaintiff, RONNIE WILBORN Phone: 415-398-5000 Fax: 415-398-5080 XI FACSIMILE TRANSMISSION, by sending a true copy ofthe above-described document via facsimile on November 10, 2016, from facsimile number (925) 937-2385 to facsimile number (415) 398-5080 which number is known to be the facsimile numberfor the above-named individuals being served herein. The facsimile transmission was confirmed as complete and without error, and a copy of the transmission report attached hereto was properly issued by the transmitting facsimile machine. Executed at Walnut Creek, California on January 10, 2017. I declare under penalty of perjury underthe laws of the State of California thatweismoTolls DEENA L. WHITE Electronically signed pursuant to Civil Code §1633.7(d) which states: “If the law requires a signature, an electronic signature satisfies the law.”