Separate_statement_of__disputed_responses_and__objections_in_support_of__defendant_century__scaffolding_construction_incs_notice_of_motion_and__motion_to_compel_further__responses_to_its_requests_for__production_set_one_from__defendant_cal_pacific__construction_incResponseCal. Super. - 1st Dist.August 11, 201726 2d 28 BREMER WHYTE BROWN & O'MEARA LLP 21215 Burbank Blvd, Suite 500 Woodland Hills, CA 81367 {818} F12-8800 BREMER WHYTE BROWN & O'MEARA LLP John O'Meara, State Bar No. 144416 jomeara@bremerwhyte.com Christopher J. Cummiskey, State Bar No. 244249 ccummiskey@bremerwhyte.com 21215 Burbank Boulevard Suite 500 Woodland Hills, California 91367 Telephone: (818) 712-9800 Facsimile: (818) 712-9900 Attorneys for Defendant, Century Scaffolding Construction, Inc. ELECTRONICALLY FILED Superior Court of California, County of San Francisco 07/31/2018 Clerk of the Court BY:ANNA TORRES Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO CARLOS SEGURA, Plaintiff, VS. CENTURY SCAFFOLDING CONSTRUCTION, INC; BAY CITY MECHANICAL, INC.; CAL PACIFIC CONSTRUCTION, INC., and DOES 1-100, INCLUSIVE, Defendants, S i ? Na n Pe r” N a Ss t” Sr S r ? Se rg e! gt ] si g g t v s ? Se mi n ni n’ Case No, CGC-17-560668 SEPARATE STATEMENT OF DISPUTED RESPONSES AND OBJECTIONS IN SUPPORT OF DEFENDANT CENTURY SCAFFOLDING CONSTRUCTION, INC.’S NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO ITS REQUESTS FOR PRODUCTION, SET ONE, FROM DEFENDANT CAL PACIFIC CONSTRUCTION INC. Date: August 31, 2018 Time: 9:00 a.m. Dept: 20x 302 TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD: CENTURY SCAFFOLDING CONSTRUCTION INC. (“CENTURY SCAFFOLDING”) hereby submits the following Separate Statement in support of its Motion to compel further responses from defendant CAL PACIFIC CONSTRUCTION INC. (“CAL PACIFIC”) to its Requests for Production, Set One, Nos. 6-10, 13 — 15, 17 — 22 and 25. SEPARATE STATEMENT OF DISPUTED RESPONSES AND OBJECTIONS IN SUPPORT OF DEFENDANT CENTURY SCAFFOLDING CONSTRUCTION, INC.’S NOTICE OF MOTION AND MOTION TO COMPEL 1156.183 4845-3241-3293.1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BREMER WHYTE BROWN & O'MEARA LLP 21275 Burbank Blvd. Suite 500 Woodland Hills, CA 81367 (8181 712-6800 REQUEST FOR PRODUCTION OF DOCUMENTS REQUEST FOR PRODUCTION NO. 6: Any and all DOCUMENTS that reflect any COMMUNICATION between YOU and CAL PACIFIC relating to YOUR work performed at the Roosevelt middle school, located at 460 Arguello Blvd., San Francisco, CA 94118 and is the subject of Plaintiff’s COMPLAINT. (The term “YOU” “YOUR” or “CAL PACIFIC” as used herein shall refer to Defendant CAL PACIFIC CONSTRUCTION INC. and includes information known by CAL PACIFIC’s agents, employees, attorneys, accountants, investigators, and anyone else acting on behalf’ of CAL PACIFIC. The term “CENTURY SCAFFOLDING” as used herein, shall refer to Defendant, CENTURY SCAFFOLDING CONSTRUCTION, INC. The term “PLAINTIFF” as used herein, shall refer to Plaintiff CARLOS AGOURA. The term “BAY CITY” as used herein, shall refer to defendant BAY CITY MECHANICAL INC. and includes information known by BAY CITY’s agents, employees, attorneys, accountants, investigators, and anyone else acting on behalf of BAY CITY. The term “INCIDENT” as used herein shall refer to facts and circumstances described in the COMPLAINT filed by PLAINTIFF Carlos Segura, involving the accident which occurred on September 1, 2015 at Roosevelt Middle School in San Francisco, California including injuries and damages, and the circumstances and events surrounding the alleged accident giving rise to this action or proceeding. The term “COMPLAINT” as used herein shall refer to the Complaint, or any operative Complaint filed thereafter by PLAINTIFF, Carlos Segura, the Cisco Superior Court case number CGC-17-560668. The term “DOCUMENT” and “DOCUMENTS” as used herein shall refer to any writing as defined in Evidence Code Section 250, including all written or graphic material, however produced or reproduced, in the actual or constructive possession, care, custody or control of the Responding Party as hereinbefore defined, or her predecessors or successors in interest, or any of her officers, directors, representatives, members, agents or employees, including, but not limited to, files, letters, contracts, agreements, telegrams, memoranda, notes, reports, applications, correspondence, pictures, sketches, maps, sound recordings, or tapes of any conversation or meeting or conference, minutes of meetings, handwritten memoranda or notes, 2 SEPARATE STATEMENT OF DISPUTED RESPONSES AND OBJECTIONS IN SUPPORT OF DEFENDANT CENTURY SCAFFOLDING CONSTRUCTION, INC.'S NOTICE OF MOTION AND MOTION TO COMPEL 1156.183 4845-3241-3293.1 28 BREMER WHYTE BROWN & O'MEARALLP 21218 Burbank Blvd, Suite BOO Woodland Hills, CA 91387 (B78) 712-8800 inter-office communications, summaries, ledgers, books of account, vouchers, bank statements, checks, company or employee expense records or accounts, statistical records, data computations, stenographer’s notebooks, desk calendars, appointment books, diaries, telephone logs or any other printed, typewritten or handwritten material of any nature similar to the foregoing, however denominated, including all drafts and carbon or photographic copies of any such material.) RESPONSE TO REQUEST FOR PRODUCTION NO. 6: Responding party objects to this interrogatory as it is overbroad, vague and ambiguous. Without waiving said objections, responding party responds: After diligent search, responding party will comply with this request in whole by producing all relevant responsive documents in the requested category that are in possession of responding party. REASON FURTHER RESPONSE SHOULD BE COMPELLED: CAL PACIFIC advised that they will comply with the request for production of document, and produce all relevant responsive documents, however, no responsive documents have been served by CAL PACIFIC, thereby necessitating this motion. CAL PACIFIC was the general contractor on this project were plaintiff was injured, and hired BAY CITY MECHANICAL, another codefendant in this action. Investigation and discovery to date has identified that they are responsible for the alleged incident, and yet, they are refusing to produce relevant documents related to the incident. CAL PACIFIC’s refusal to cooperate in discovery, and produce any and all related documents, has obstructed CENTURY SCAFFOLDING’s ability to conduct discovery and prepare for trial. REQUEST FOR PRODUCTION NO. 7: Any and all DOCUMENTS that reflect any COMMUNICATION between YOU and CENTURY SCAFFOLDING regarding CENTURY SCAFFOLDING’s work performed at the Roosevelt middle school, located at 460 Arguello Blvd., San Francisco, CA 94118 is the subject of Plaintiff's COMPLAINT. RESPONSE TO REQUEST FOR PRODUCTION NO. 7: Responding party objects to this interrogatory as it is overbroad, vague and ambiguous, Without waiving said objections, responding party responds: After diligent search, responding 3 SEPARATE STATEMENT OF DISPUTED RESPONSES AND OBJECTIONS IN SUPPORT OF DEFENDANT CENTURY SCAFFOLDING CONSTRUCTION, INC.’S NOTICE OF MOTION AND MOTION TO COMPEL 1.156.183 4845-3241-3293.1 [N e] ~ 3 Oh oO party will comply with this request and whole by producing all relevant responsive documents in the requested category that are in possession of the responding party. REASON FURTHER RESPONSE SHOULD BE COMPELLED: CAL PACIFIC advised that they will comply with the request for production of document, and produce all relevant responsive documents, however, no responsive documents have been served by CAL PACIFIC, thereby necessitating this motion. CAL PACIFIC was the general contractor on this project were plaintiff was injured, and hired BAY CITY MECHANICAL, another codefendant in this action. Investigation and discovery to date has identified that they are 9 | responsible for the alleged incident, and yet, they are refusing to produce relevant documents 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BREMER WHYTE BROWN & OMEARA LLP FUNG Huang Bal: Bute 500 Woodland Hills, CA 91367 £418) 712-8800 related to the incident. CAL PACIFIC’s refusal to cooperate in discovery, and produce any and all related documents, has obstructed CENTURY SCAFFOLDING’s ability to conduct discovery and prepare for trial. REQUEST FOR PRODUCTION NO. 8: Any and all DOCUMENTS that reflect any COMMUNICATION between YOU and CENTURY SCAFFOLDING regarding the removal of, changes made to, and/or adjustments of any work performed by CENTURY SCAFFOLDING at the Roosevelt middle school, located at 460 Arguello Blvd., San Francisco, CA 94118 and is the subject of Plaintiffs COMPLAINT. RESPONSE TO REQUEST FOR PRODUCTION NO. 8: Responding party objects to this interrogatory as it is overbroad, vague and ambiguous. Without waiving said objections, responding party responds: After diligent search, responding party will comply with this request and whole by producing all relevant responsive documents in the requested category that are in possession of the responding party. REASON FURTHER RESPONSE SHOULD BE COMPELLED: CAL PACIFIC advised that they will comply with the request for production of document, and produce all relevant responsive documents, however, no responsive documents have been served by CAL PACIFIC, thereby necessitating this motion. CAL PACIFIC was the general contractor on this project were plaintiff was injured, and hired BAY CITY MECHANICAL, another codefendant in this action. Investigation and discovery to date has identified that they are 4 SEPARATE STATEMENT OF DISPUTED RESPONSES AND OBJECTIONS IN SUPPORT OF DEFENDANT CENTURY SCAFFOLDING CONSTRUCTION, INC.’S NOTICE OF MOTION AND MOTION TO COMPEL 1156.183 4845-3241-3293.1 Ww Be W N - 1 C h responsible for the alleged incident, and yet, they are refusing to produce relevant documents related to the incident. CAL PACIFIC’s refusal to cooperate in discovery, and produce any and all related documents, has obstructed CENTURY SCAFFOLDING’s ability to conduct discovery and prepare for trial. REQUEST FOR PRODUCTION NO. 13: Any and all DOCUMENTS that refer or relate to the INCIDENT involving CARLOS SEGURA. 8 | RESPONSE TO REQUEST FOR PRODUCTION NO. 13: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BREMER WHYTE BROWN & OMEARA LLP 21218 Burbank Blvd, Suite 500 Woodland Hills, CA 31367 18181:712-8800 Responding party objects to this interrogatory is overly broad and, as phrased, requests documents protected from disclosure by the attorney-client privilege and work product doctrine. Without waiving these objections, responding party will produce the accident report identified in response to form interrogatories. REASON FURTHER RESPONSE SHOULD BE COMPELLED: CAL PACIFIC advised that they will comply with the request for production of document, and produce all relevant responsive documents, however, no responsive documents have been served by CAL PACIFIC, thereby necessitating this motion. CAL PACIFIC was the general contractor on this project were plaintiff was injured, and hired BAY CITY MECHANICAL, another codefendant in this action. Investigation and discovery to date has identified that they are responsible for the alleged incident, and yet, they are refusing to produce relevant documents related to the incident. CAL PACIFIC’s refusal to cooperate in discovery, and produce any and all related documents, has obstructed CENTURY SCAFFOLDING'’s ability to conduct discovery and prepare for trial. REQUEST FOR PRODUCTION NO. 14; Any and all DOCUMENTS identified in YOUR responses to concurrently served Form Interrogatories, Set One, by CENTURY SCAFFOLDING. RESPONSE TO REQUEST FOR PRODUCTION NO. 14: After diligent search, responding party will comply with this request in whole by producing all responsive documents in the requested category that are in possession of the responding party. 3 SEPARATE STATEMENT OF DISPUTED RESPONSES AND OBJECTIONS IN SUPPORT OF DEFENDANT CENTURY SCAFFOLDING CONSTRUCTION, INC.’S NOTICE OF MOTION AND MOTION TO COMPEL 1156,183 4845-3241-3283.1 d a W r 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Z7 28 BREMER WHYTE BROWN & CFMEARA LLP 21216 Burbank Blvd, Suits B00 Waedland Hills, CA 81367 18181 712-9800 REASON FURTHER RESPONSE SHOULD BE COMPELLED: CAL PACIFIC advised that they will comply with the request for production of document, and produce all relevant responsive documents, however, no responsive documents have been served by CAL PACIFIC, thereby necessitating this motion. CAL PACIFIC was the general contractor on this project were plaintiff was injured, and hired BAY CITY MECHANICAL, another codefendant in this action. Investigation and discovery to date has identified that they are responsible for the alleged incident, and yet, they are refusing to produce relevant documents related to the incident. CAL PACIFIC’s refusal to cooperate in discovery, and produce any and all related documents, has obstructed CENTURY SCAFFOLDING’s ability to conduct discovery and prepare for trial. REQUEST FOR PRODUCTION NO. 15: Any and all DOCUMENTS that refer or relate to any investigative reports, prepared by YOU in relation to the alleged INCIDENT involving CARLOS SEGURA. RESPONSE TO REQUEST FOR PRODUCTION NO. 15: After diligent search, responding party will comply with this request in whole by producing all responsive documents in the requested category that are in possession of the responding party. REASON FURTHER RESPONSE SHOULD BE COMPELLED: CAL PACIFIC advised that they will comply with the request for production of document, and produce all relevant responsive documents, however, no responsive documents have been served by CAL PACIFIC, thereby necessitating this motion. CAL PACIFIC was the general contractor on this project were plaintiff was injured, and hired BAY CITY MECHANICAL, another codefendant in this action. Investigation and discovery to date has identified that they are responsible for the alleged incident, and yet, they are refusing to produce relevant documents related to the incident. CAL PACIFIC’s refusal to cooperate in discovery, and produce any and all related documents, has obstructed CENTURY SCAFFOLDING’s ability to conduct discovery and prepare for trial. REQUEST FOR PRODUCTION NO. 17: 6 SEPARATE STATEMENT OF DISPUTED RESPONSES AND OBJECTIONS IN SUPPORT OF DEFENDANT CENTURY SCAFFOLDING CONSTRUCTION, INC.’S NOTICE OF MOTION AND MOTION TO COMPEL 1156.183 4845-3241-3293.1 to d Any and all DOCUMENTS that IDENTIFY any PERSONS who witnessed the alleged INCIDENT involving CARLOS SEGURA. The term “IDENTIFY”, with respect to DOCUMENTS, shall mean to provide a description 4 | of the document(s) and the name of the person or entity in control of the document(s) sufficient to 10 11 12 13 14 15 16 1.7 18 19 20 21 22 23 24 25 26 27 28 BREMER WHYTE BROWN % O'MEARALLR PUR HUF Bld Site BOO Woodland Hills, CA 91367 (B18 712-9800 allow the production to be determined. The term “IDENTIFY”, with respect to PERSONS, shall mean, to identify the full name, current residential and business address, or if not known, the last known telephone number, of each such PERSON or entity, present employer/business affiliation and position or job title, and the employer/business affiliation and position or job title at the time of the relevant events references in the interrogatory. The term “PERSON” and “PERSONS” includes any natural person, firm, association, organization, partnership, business trust, corporation or public entity. RESPONSE TO REQUEST FOR PRODUCTION NO. 17: Responding party objects to this request as it is vague and ambiguous. Without waiving said objections, responding party responds: After diligent search, responding party will comply with this request in whole by producing all responsive documents in the requested category that are in possession of the responding party. REASON FURTHER RESPONSE SHOULD BE COMPELLED: CAL PACIFIC advised that they will comply with the request for production of document, and produce all relevant responsive documents, however, no responsive documents have been served by CAL PACIFIC, thereby necessitating this motion. CAL PACIFIC was the general contractor on this project were plaintiff was injured, and hired BAY CITY MECHANICAL, another codefendant in this action. Investigation and discovery to date has identified that they are responsible for the alleged incident, and yet, they are refusing to produce relevant documents related to the incident. CAL PACIFIC’s refusal to cooperate in discovery, and produce any and all related documents, has obstructed CENTURY SCAFFOLDING’s ability to conduct discovery and prepare for trial. 1 SEPARATE STATEMENT OF DISPUTED RESPONSES AND OBJECTIONS IN SUPPORT OF DEFENDANT CENTURY SCAFFOLDING CONSTRUCTION, INC.’S NOTICE OF MOTION AND MOTION TO COMPEL [156,183 4845-3241-3283.1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BREMER WHYTE BROWN & O'MEARA LLP 21215 Burbank Blvd. Suita 500 Woodland Hills, CA 81387 {91681 712.8800 REQUEST FOR PRODUCTION NO, 18: Any and all DOCUMENTS that IDENTIFY YOUR employees working for YOU between August 30, 2015 through September 5, 2015 at the Roosevelt Middle School, located at 460 Arguello Blvd., San Francisco, CA 94118 and is the subject of Plaintiff’s COMPLAINT. RESPONSE TO REQUEST FOR PRODUCTION NO. 18: Responding party objects to this request as it is overbroad, vague and ambiguous. Without waiving said objections, responding party responds: After a diligent search, responding party will comply with this particular demand in full and all documents in the demand category that are in the possession, custody or control of responding party will be produced. REASON FURTHER RESPONSE SHOULD BE COMPELLED: CAL PACIFIC advised that they will comply with the request for production of document, and produce all relevant responsive documents, however, no responsive documents have been served by CAL PACIFIC, thereby necessitating this motion. CAL PACIFIC was the general contractor on this project were plaintiff was injured, and hired BAY CITY MECHANICAL, another codefendant in this action. Investigation and discovery to date has identified that they are responsible for the alleged incident, and yet, they are refusing to produce relevant documents related to the incident. CAL PACIFIC’s refusal to cooperate in discovery, and produce any and all related documents, has obstructed CENTURY SCAFFOLDING’s ability to conduct discovery and prepare for trial. REQUEST FOR PRODUCTION NO. 19: Any and all DOCUMENTS that show someone other than CENTURY SCAFFOLDING caused and/or contributed to the alleged incident involving CARLOS SEGURA. RESPONSE TO REQUEST FOR PRODUCTION NO. 19: Responding party objects to this request as it is vague and ambiguous. Without waiving said objections, responding party responds: After diligent search, responding party will comply with this request in whole by producing all relevant responsive documents in the requested category that are in possession of the responding party. 8 SEPARATE STATEMENT OF DISPUTED RESPONSES AND OBJECTIONS IN SUPPORT OF DEFENDANT CENTURY SCAFFOLDING CONSTRUCTION, INC.’S NOTICE OF MOTION AND MOTION TO COMPEL [156,183 4845-3241:3293.1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BREMER WHYTE BROWN & O'MEARA LLP S185 H pik Fld Suite 500 Woodland Hills, CA 81367 {6181 712-9800 REASON FURTHER RESPONSE SHOULD BE COMPELLED: CAL PACIFIC advised that they will comply with the request for production of document, and produce all relevant responsive documents, however, no responsive documents have been served by CAL PACIFIC, thereby necessitating this motion. CAL PACIFIC was the general contractor on this project were plaintiff was injured, and hired BAY CITY MECHANICAL, another codefendant in this action. Investigation and discovery to date has identified that they are responsible for the alleged incident, and yet, they are refusing to produce relevant documents related to the incident. CAL PACIFIC’s refusal to cooperate in discovery, and produce any and all related documents, has obstructed CENTURY SCAFFOLDING’s ability to conduct discovery and prepare for trial. REQUEST FOR PRODUCTION NO. 20: Any and all DOCUMENTS that refer or relate to any COMMUNICATION sent or received pertaining to the alleged INCIDENT involving CARLOS SEGURA. RESPONSE TO REQUEST FOR PRODUCTION NO. 20: Responding party objects that (sic) request seeks documents protected by the attorney-client privilege and attorney work doctrine. Without waiving said objections, responding party responds: after diligent search, responding party will comply with this request in whole by producing all responsive documents in the requested category that are in the possession of responding party. REASON FURTHER RESPONSE SHOULD BE COMPELLED: CAL PACIFIC advised that they will comply with the request for production of document, and produce all relevant responsive documents, however, no responsive documents have been served by CAL PACIFIC, thereby necessitating this motion. CAL PACIFIC was the general contractor on this project were plaintiff was injured, and hired BAY CITY MECHANICAL, another codefendant in this action, Investigation and discovery to date has identified that they are responsible for the alleged incident, and yet, they are refusing to produce relevant documents related to the incident. CAL PACIFIC’s refusal to cooperate in discovery, and produce any and all related documents, has obstructed CENTURY SCAFFOLDING’s ability to conduct discovery and prepare for trial, 9 SEPARATE STATEMENT OF DISPUTED RESPONSES AND OBJECTIONS IN SUPPORT OF DEFENDANT CENTURY SCAFFOLDING CONSTRUCTION, INC.’S NOTICE OF MOTION AND MOTION TO COMPEL 1156,183 4845-3241-3293.1 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 BREMER WHYTE BROWN & OMEARALLR 21215 Barbank Blvd, Bulte BOO Woudland Hills, CA 81367 1818} 712-9800 REQUEST FOR PRODUCTION NO. 21: Please produce any and all DOCUMENTS that evidence or described how the INCIDENT involving CARLOS SEGURA occurred. RESPONSE TO REQUEST FOR PRODUCTION NO. 21: Responding party objects to this request as it is vague and ambiguous. Without waiving said objections, responding party responds: After diligent search and reasonable inquiry made in an effort to comply with the request, responding party will comply with the request by producing the accident report identified in response to form interrogatories. REASON FURTHER RESPONSE SHOULD BE COMPELLED: CAL PACIFIC advised that they will comply with the request for production of document, and produce all relevant responsive documents, however, no responsive documents have been served by CAL PACIFIC, thereby necessitating this motion. CAL PACIFIC was the general contractor on this project were plaintiff was injured, and hired BAY CITY MECHANICAL, another codefendant in this action. Investigation and discovery to date has identified that they are responsible for the alleged incident, and yet, they are refusing to produce relevant documents related to the incident. CAL PACIFIC’s refusal to cooperate in discovery, and produce any and all related documents, has obstructed CENTURY SCAFFOLDING’s ability to conduct discovery and prepare for trial. REQUEST FOR PRODUCTION NO. 22 Please produce any and all DOCUMENTS that evidence or describe what caused the alleged INCIDENT involving CARLOS SEGURA. RESPONSE TO REQUEST FOR PRODUCTION NO. 22: Responding party objects to this request as it is vague and ambiguous. Without waiving said objections, responding party responds: After diligent search and a reasonable inquiry made an effort to comply with the request, responding party will comply with the request by producing the accident report identified in response to form interrogatories. REASON FURTHER RESPONSE SHOULD BE COMPELLED: 10 SEPARATE STATEMENT OF DISPUTED RESPONSES AND OBJECTIONS IN SUPPORT OF DEFENDANT CENTURY. SCAFFOLDING CONSTRUCTION, INC.’S NOTICE OF MOTION AND MOTION TO COMPEL 1156183 4845-3241-3293.1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 23 26 27 28 BREMER WHYTE BROWN & MEARS LLP 21218 Burbank Blvd, Suita B00 Wooedlsnd Hills, CA 81367 1818) 712-8800 CAL PACIFIC advised that they will comply with the request for production of document, and produce all relevant responsive documents, however, no responsive documents have been served by CAL PACIFIC, thereby necessitating this motion. CAL PACIFIC was the general contractor on this project were plaintiff was injured, and hired BAY CITY MECHANICAL, another codefendant in this action. Investigation and discovery to date has identified that they are responsible for the alleged incident, and yet, they are refusing to produce relevant documents related to the incident. CAL PACIFIC’s refusal to cooperate in discovery, and produce any and all related documents, has obstructed CENTURY SCAFFOLDING’ ability to conduct discovery and prepare for trial. REQUEST FOR PRODUCTION NO, 25: Please produce all DOCUMENTS that evidence any liability insurance that YOU had at the time of this INCIDENT. RESPONSE TO REQUEST FOR PRODUCTION NO. 25: Responding party will comply with this request by producing the applicable certificate of insurance. REASON FURTHER RESPONSE SHOULD BE COMPELLED: CAL PACIFIC advised that they will comply with the request for production of document, and produce all relevant responsive documents, however, no responsive documents have been served by CAL PACIFIC, thereby necessitating this motion. CAL PACIFIC was the general contractor on this project were plaintiff was injured, and hired BAY CITY MECHANICAL, another codefendant in this action. Investigation and discovery to date has identified that they are responsible for the alleged incident, and yet, they are refusing to produce relevant documents related to the incident. CAL PACIFIC’s refusal to cooperate in discovery, and produce any and all related documents, has obstructed CENTURY SCAFFOLDING’s ability to conduct discovery and prepare for trial. 11 SEPARATE STATEMENT OF DISPUTED RESPONSES AND OBJECTIONS IN SUPPORT OF DEFENDANT CENTURY SCAFFOLDING CONSTRUCTION, INC.'S NOTICE OF MOTION AND MOTION TO COMPEL 1156,183 4845-3241-3293.1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BREMER WHYTE BROWN & O'MEARA LLP 21215 Burbank Blvd, Bute BOG Woodland Hills, CA 93367 {8181 712-9800 Dated: July 26,2018 BREMER WHYT N&O ARA LLP By: a Joho Meara Christopher J. Attorneys for Century Scaffoldifig Construction, Inc. 12 SEPARATE STATEMENT OF DISPUTED RESPONSES AND OBJECTIONS IN SUPPORT OF DEFENDANT CENTURY SCAFFOLDING CONSTRUCTION, INC.’S NOTICE OF MOTION AND MOTION TO COMPEL 1156.183 4845-3241-3293.1 10 El 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AREMER WHYTE BROWN & O'MEARA LLP 21216 Burbank Blvd, Suits B40 Woodland Hills, CA 81367 (818) 712-9800 PROOF OF SERVICE I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 21215 Burbank Boulevard, Suite 500, Woodland Hills, California 91367. On July 26, 2018, I served the within document(s) described as: SEPARATE STATEMENT OF DISPUTED RESPONSES AND OBJECTIONS IN SUPPORT OF MOTION TO COMPEL FURTHER RESPONSES TO ITS REQUEST FOR PRODUCTION OF DOCUMENTS, on the interested parties in this action as stated on the attached mailing list. (BY MAIL) By placing a true copy of the foregoing document(s) in a sealed envelope addressed as set forth on the attached mailing list. I placed each such envelope for collection and mailing following ordinary business practices. Iam readily familiar with this Firm's practice for collection and processing of correspondence for mailing. Under that practice, the correspondence would be deposited with the United States Postal Service on that same day, with postage thereon fully prepaid at Woodland Hills, California, in the ordinary course of business. 1am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [1] (BY OVERNIGHT DELIVERY) I deposited in a box or other facility regularly maintained by Federal Express, an express service carrier, or delivered to a courier or driver authorized by said express service carrier to receive documents, a true copy of the foregoing document(s) in a sealed envelope or package designated by the express service carrier, addressed as set forth on the attached mailing list, with fees for overnight delivery paid or provided for. Executed on July 26, 2018, at Woodland Hills, California. I declare under penalty of perjury under the laws/of the, State of California that the foregoing is true and correct. Jodi Pisano (Type or print name) (Signature) 1156,183 4833-6250-0443.1 O e ~ 1 O h 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BREMER WHYTE BROWN & O'MEARA LLP 21218 Burbank Blvd, Suite 500 Woodland Hills, CA. 81387 {818} 712-9800 BWB&O CLIENT: BWB&O FILE NO.: Carlos Segura v. Century Scaffolding Construction, Ine.; et al. Case No. CGC-17-560668 SERVICE LIST CENTURY SCAFFOLDING CONSTRUCTION, INC. 1156.183 Ali R. Mirhosseini, Esq. Law Offices of Mirhosseini & Associates 1502 N. Broadway Santa Ana, CA 92706 (714) 560-9100 (714) 560-9120 Fax Attorneys for PLAINTIFFS Jill J, Lifter, Esq. jlifter@rallaw.com RYAN & LIFTER 2000 Crow Canyon Place Suite 400 San Ramon, CA 94583 (925) 884-2080 (925) 884-2090 Fax Attorneys for DEFENDANTS, BAY Wilma Gray, Esq. Benjamin J. Schnayerson, Esq. McNamara, Ney, Beatty, Slattery, Borges & Ambacher LLP 3480 Buskirk Avenue, Suite 250 Pleasant Hill, CA 94523 Telephone: (925) 939-5330 Facsimile: (925) 939-5330 156.183 4833-6250-0443.1 CITY MECHANICAL, Attorneys for INC. and CAL PACIFIC DEFENDANTS, CAL CONSTRUCTION, INC. PACIFIC CONSTRUCTION, INC. 2
