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1 Glen Broemer, SBN 165457
10500 National #34 Los Angeles CA 90034
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323.907.0023 glenbroemer@gmail.com
3 Attorney for Treasa Gavin, John Gavin, Patrick Gavin
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
5 COUNTY OF SAN MATEO
TREASA GAVIN, et al Case No.: 20CIV03806
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Plaintiffs
7 Date: October 6, 2022
Time: 2 pm
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v. Dept: 22
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1st AMENDED DECLARATION OF
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GLEN BROEMER IN SUPPORT OF
11 NIMMER MASSIS, et al PLAINTIFFS’ MOTION FOR
Defendants ATTORNEYS’ FEES ON APPEAL
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I, Glen Broemer, am an attorney licensed to practice in the State of California, and the attorney for
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Treasa Gavin, Patrick Gavin, and John Gavin in the above-referenced case. I hereby declare as
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17 follows:
18 1. Attached to this Declaration as Exhibit A is a true and correct copies of Plaintiff Treasa
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Gavin’s first set of Form Interrogatories, 8 Requests for Admission, and 5 Requests for the
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21 Production of Documents, sent to Nimmer Massis by mail and email during the Covid
22 service period.
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2. Attached to this Declaration as Exhibit B is a true and correct copy of a 10.26.2020 email
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25 from Defendants’ law firm of Peretz & Associates in which they represented that they
26 ‘deemed the discovery as properly served’ (emphasis added) as of that date, obviating any
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need to re-serve the documents.
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1 3. Attached to this Declaration as Exhibit C is a true and correct copy of identical objections
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only responses to the RFA’s and RFP’s (only), and my records indicate no form
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interrogatories on 11.23.2020; among the objections was Defendant’s claim that the
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5 discovery was not properly served
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4. Attached to this Declaration as Exhibit D is a true and correct copy of Plaintiff’s
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11.24.2020 M&C challenging the boilerplate objections and argument the discovery had
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9 not been served.
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5. Attached to this Declaration as Exhibit E is a true and correct copy of Defendants’ P&A in
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support of the anti-SLAPP filed on 11.25.2020.
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13 6. Attached to this Declaration as Exhibit F is a true and correct copy of the February, 2021
14 Order denying Defendants’ anti-SLAPP motion as to 3 of 5 causes of action; Plaintiff’s
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evidence in opposition included a declaration from Massis’ former business partner Frank
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17 Zeidan establishing Massis’ fraudulent conduct.
18 7. Attached to this Declaration as Exhibit G is a true and correct copy of the court of appeal
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opinion affirming the trial court’s rulings.
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21 8. I represented John Gavin at a Debtor’s Exam conducted by Wynns on August 25, 2021;
22 during the exam Mr. Gavin testified that he had very little attachable property; attached to
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this Declaration as Exhibit H is a true and correct copy of the appellate opinion upholding
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25 the district court’s decision to convert Patrick Gavin’s Chapter 13 case to a Chapter 11
26 case. Wynn’s conduct more generally is described in the accompanying Declaration of
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Arasto Farsad. debtor’s responding to Wynn’s appeal of the the exam of John Gavin and
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1 contesting Patrick Gavin’s Chapter 13 plan, in a circumstance where they had essentially
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blocked relevant discovery.
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9. Attached to this Declaration as Exhibit I is a true and correct excerpt of an 8.12.2022
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5 Declaration filed by George Wynns in Bankruptcy, in this case seeking to prevent John
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Gavin’s addition to the plan; Wynns representations are clearly hearsay and mischaracterize
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the evidence produced in this court up to this point.
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9 10. Attached to this Declaration as Exhibit J are true and correct excerpts of Defendants’ anti-
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SLAPP Memorandum of Points and Appellant’s Opening Brief. The Exhibit is broken
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down into 8 sections, with color-coded language from the P&A set side by side with
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13 identical or virtually identical language in the Brief.
14 11. Attached to this Declaration as Exhibit K is a true and correct copy of a marked up version
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Appellant’s entire Opening Brief, permitting the court to efficiently evaluate the ratio of
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17 new to old material in the Brief. There are a few necessary changes to conform to appellate
18 formatting requirements, no more than ten pages of new material in the appeal, and much
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of this involving statements of appellate review principles and bare and sometimes
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21 repetitive assertions that the trial court erred. Defendants repeated anti-SLAPP arguments
22 rejected in superior court to the court of appeal.
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12. Attached to this Declaration as Exhibit L is an true and correct unmarked copy of
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25 Appellants’ Brief; the brief also contained res judicata arguments that ignores directly on
26 point cases by Plaintiff in Superior Court (Pages 27-32), in favor of inapt res judicata
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principles, along with a genuinely frivolous estoppel argument (P. 38-40)
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1 13. Attached to this Declaration as Exhibit M is a true and correct copy of the original
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complaint that Plaintiffs filed in this action and that prompted the anti-SLAPP motion.
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14. Attached to this Declaration as Exhibit N are true and correct copies of Plaintiffs’
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5 Declarations in Opposition to Defendants’ anti-SLAPP motion.
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15. Attached to this Declaration as Exhibit O are true and correct copies of emails exchanged
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between counsel after remittitur; Defendants’ counsel refused to acknowledge that the
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9 bankruptcy stay had ended, delaying any IDC conference in this action.
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16. Attached to this Declaration as Exhibit P is Plaintiffs’ IDC statement, followed by excerpts
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of Defendants’ response, choosing to read ‘the discovery’ as discovery served to former
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13 Defendant Wynns and not Massis—despite the fact that all references up to that point had
14 been to all discovery served to Defendants; these tactics unjustifiably delayed discovery,
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where there is little or no question but that Defendants will eventually produce the
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17 information sought, and indeed should want to respond forthrightly to the RFA’s, for the
18 purpose of moving , the case forward efficiently and sensibly, and at a lower cost to their
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clients. Defendants are even refusing to admit the facts they recited in support of their
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21 earlier default judgment.
22 17. In my view there was no real opportunity for debate or discussion regarding the issue of
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fees; it is my recollection that Respondents’ counsel did not broach the topic, nor did the
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25 court of appeal, and I cannot recall a hearing where I’ve argued a point that did not appear
26 to be at issue.
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18. Assuming arguendo CCP 1008(b) applies here, Exhibit H contains a recent appellate
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opinion upholding Patrick Gavin’s bankruptcy filing; Exhibit I is a true and correct excerpt
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1 of an 8.12.2022 Declaration filed by George Wynns in Bankruptcy mischaracterizing this
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litigation. Exhibits O & P further demonstrate the recent delay tactics of Defendants'
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counsel, and the Declaration of Arasto Farsad also sets forth facts relating to very recent
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5 attempts by Defendants to capitalize on their delays in bankruptcy. The discovery and
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related correspondence presented in Exhibits A-D were not part of the appellate record, as
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these appeared tangential to the issues on appeal months ago, when Respondents’ Brief was
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9 filed.
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19. I graduated from Hastings College of the Law (soon to be renamed "University of
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California: College of the Law San Francisco") in 1992, practiced from 1993-1995, and
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13 began practicing again in December 2010. I am a member of the California Bar and have
14 litigated cases in the Eastern District of New York (pro hac vice) and the Central District
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of California, where I am admitted to practice.
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17 20. I have filed several appellate briefs and argued the case of Goonewardene v. ADP before the
18 California Supreme Court after prevailing on appeal against Morgan & Lewis, and recently
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prevailed on appeal in a the matter of Liu v. Andante, (Alameda County Super. Ct. No.
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21 RG13686380) against Borton Petrini.
22 21. In 2021 Defendants filed a motion for attorneys’ fees in this action in Superior Court in
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relation to the 4th and 5th causes of action in the original complaint; as of today the
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25 motion has not been heard or scheduled. Mr. Peretz, the attorney signing the Appellate
26 Brief, sought fees at a rate of $725.00/hour (for a total of $43,770.78 in attorneys’ fees). I
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thus seek attorneys fees at a comparable rate of $725.00/hour, adjusted as per PLCM
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1 Group v. Drexler (2000) 22 Cal.4th 1084, 1095 to include a multiplier, as I am litigating
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the case on contingency.
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22. A true and correct copy of Respondents’ Brief is attached to this Declaration as Exhibit Q.
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5 I spent 27 hours drafting Respondent’s Brief, conducting legal research, and preparing for
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and attending oral argument. I seek fees at a rate of $1550/hour, totaling $38,750.00,
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reasonable for an attorney of my education, skill and experience.
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I declare under penalty of perjury under the laws of the state of California that the foregoing is
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DISC-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
Glen Broemer sbn 165457
1349 Cherokee #111
Los Angeles CA 90028
TELEPHONE NO.: 805.663.2654
FAX NO. (Optional):
glenbroemer@gmail.com
E-MAIL ADDRESS (Optional):
Treasa Gavin
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo
400 County Center Redwood City, CA 94063
SHORT TITLE OF CASE:
Treasa Gavin et al v. George Wynns et al
CASE NUMBER:
FORM INTERROGATORIES—GENERAL
Asking Party: Treasa Gavin 20CIV03806
Answering Party: Nimmer Massis
Set No.: One
Sec. 1. Instructions to All Parties (c) Each answer must be as complete and straightforward
(a) Interrogatories are written questions prepared by a party as the information reasonably available to you, including the
to an action that are sent to any other party in the action to be information possessed by your attorneys or agents, permits. If
answered under oath. The interrogatories below are form an interrogatory cannot be answered completely, answer it to
interrogatories approved for use in civil cases. the extent possible.
(b) For time limitations, requirements for service on other (d) If you do not have enough personal knowledge to fully
parties, and other details, see Code of Civil Procedure answer an interrogatory, say so, but make a reasonable and
sections 2030.010–2030.410 and the cases construing those good faith effort to get the information by asking other persons
sections. or organizations, unless the information is equally available to
(c) These form interrogatories do not change existing law the asking party.
relating to interrogatories nor do they affect an answering (e) Whenever an interrogatory may be answered by
party’s right to assert any privilege or make any objection. referring to a document, the document may be attached as an
exhibit to the response and referred to in the response. If the
Sec. 2. Instructions to the Asking Party document has more than one page, refer to the page and
(a) These interrogatories are designed for optional use by section where the answer to the interrogatory can be found.
parties in unlimited civil cases where the amount demanded
(f) Whenever an address and telephone number for the
exceeds $25,000. Separate interrogatories, Form
same person are requested in more than one interrogatory,
Interrogatories—Limited Civil Cases (Economic Litigation)
you are required to furnish them in answering only the first
(form DISC-004), which have no subparts, are designed for
interrogatory asking for that information.
use in limited civil cases where the amount demanded is
$25,000 or less; however, those interrogatories may also be (g) If you are asserting a privilege or making an objection to
used in unlimited civil cases. an interrogatory, you must specifically assert the privilege or
state the objection in your written response.
(b) Check the box next to each interrogatory that you want
the answering party to answer. Use care in choosing those (h) Your answers to these interrogatories must be verified,
interrogatories that are applicable to the case. dated, and signed. You may wish to use the following form at
(c) You may insert your own definition of INCIDENT in the end of your answers:
Section 4, but only where the action arises from a course of I declare under penalty of perjury under the laws of the
conduct or a series of events occurring over a period of time. State of Californiathat the foregoing answers are true and
(d) The interrogatories in section 16.0, Defendant’s correct.
Contentions–Personal Injury, should not be used until the
defendant has had a reasonable opportunity to conduct an (DATE) (SIGNATURE)
investigation or discovery of plaintiff’s injuries and damages.
(e) Additional interrogatories may be attached. Sec. 4. Definitions
Sec. 3. Instructions to the Answering Party Words in BOLDFACE CAPITALS in these interrogatories
(a) An answer or other appropriate response must be are defined as follows:
given to each interrogatory checked by the asking party. (a) (Check one of the following):
(b) As a general rule, within 30 days after you are served ✔ (1) INCIDENT includes the circumstances and
with these interrogatories, you must serve your responses on events surrounding the alleged accident, injury, or
the asking party and serve copies of your responses on all other occurrence or breach of contract giving rise to
other parties to the action who have appeared. See Code of this action or proceeding.
Civil Procedure sections 2030.260–2030.270 for details.
Page 1 of 8
Form Approved for Optional Use Code of Civil Procedure,
Judicial Council of California FORM INTERROGATORIES—GENERAL §§ 2030.010-2030.410, 2033.710
DISC-001 [Rev. January 1, 2008] www.courtinfo.ca.gov
DISC-001
(2) INCIDENT means (insert your definition here or 1.0 Identity of Persons Answering These Interrogatories
on a separate, attached sheet labeled “Sec. ✔ 1.1 State the name, ADDRESS, telephone number, and
4(a)(2)”): relationship to you of each PERSON who prepared or
assisted in the preparation of the responses to these
interrogatories. (Do not identify anyone who simply typed or
reproduced the responses.)
2.0 General Background Information—individual
(b) YOU OR ANYONE ACTING ON YOUR BEHALF ✔ 2.1 State:
includes you, your agents, your employees, your insurance (a) your name;
companies, their agents, their employees, your attorneys, your (b) every name you have used in the past; and
accountants, your investigators, and anyone else acting on (c) the dates you used each name.
your behalf.
(c) PERSON includes a natural person, firm, association, ✔ 2.2 State the date and place of your birth.
organization, partnership, business, trust, limited liability
2.3 At the time of the INCIDENT, did you have a driver's
company, corporation, or public entity.
license? If so state:
(d) DOCUMENT means a writing, as defined in Evidence (a) the state or other issuing entity;
Code section 250, and includes the original or a copy of (b) the license number and type;
handwriting, typewriting, printing, photostats, photographs, (c) the date of issuance; and
electronically stored information, and every other means of (d) all restrictions.
recording upon any tangible thing and form of communicating ✔ 2.4 At the time of the INCIDENT, did you have any other
or representation, including letters, words, pictures, sounds, or
permit or license for the operation of a motor vehicle? If
so,
symbols, or combinations of them.
state:
(e) HEALTH CARE PROVIDER includes any PERSON (a) the state or other issuing entity;
referred to in Code of Civil Procedure section 667.7(e)(3). (b) the license number and type;
(c) the date of issuance; and
(f) ADDRESS means the street address, including the city, (d) all restrictions.
state, and zip code.
✔ 2.5 State:
Sec. 5. Interrogatories
(a) your present residence ADDRESS;
The following interrogatories have been approved by the (b) your residence ADDRESSES for the past five years; and
Judicial Council under Code of Civil Procedure section 2033.710: (c) the dates you lived at each ADDRESS.
CONTENTS ✔ 2.6 State:
1.0 Identity of Persons Answering These Interrogatories (a) the name, ADDRESS, and telephone number of your
2.0 General Background Information—Individual present employer or place of self-employment; and
3.0 General Background Information—Business Entity
(b) the name, ADDRESS, dates of employment, job title,
4.0 Insurance
and nature of work for each employer or
5.0 [Reserved]
self-employment you have had from five years before
6.0 Physical, Mental, or Emotional Injuries
the INCIDENT until today.
7.0 Property Damage
8.0 Loss of Income or Earning Capacity ✔ 2.7 State:
9.0 Other Damages (a) the name and ADDRESS of each school or other
10.0 Medical History academic or vocational institutionyou have attended,
11.0 Other Claims and Previous Claims beginning with high school;
12.0 Investigation—General (b) the dates you attended;
13.0 Investigation—Surveillance (c) the highest grade level you have completed; and
14.0 Statutory or Regulatory Violations (d) the degrees received.
15.0 Denials and Special or Affirmative Defenses
16.0 Defendant’s Contentions Personal Injury ✔ 2.8 Have you ever been convicted of a felony? If so, for
17.0 Responses to Request for Admissions each conviction state:
18.0 [Reserved] (a) the city and state where you were convicted;
19.0 [Reserved] (b) the date of conviction;
20.0 How the Incident Occurred—Motor Vehicle (c) the offense; and
25.0 [Reserved] (d) the court and case number.
30.0 [Reserved]
40.0 [Reserved] 2.9 Can you speak English with ease? If not, what
50.0 Contract language and dialect do you normally use?
60.0 [Reserved]
70.0 Unlawful Detainer [See separate form DISC-003] 2.10 Can you read and write English with ease? If not, what
101.0 Economic Litigation [See separate form DISC-004] language and dialect do you normally use?
200.0 Employment Law [See separate form DISC-002]
Family Law [See separate form FL-145]
DISC-001 [Rev. January 1, 2008] Page 2 of 8
FORM INTERROGATORIES—GENERAL
DISC-001
✔ 2.11 At the time ofthe INCIDENT were you acting as an 3.4 Are you a joint venture? If so, state:
agent or employee for any PERSON? If so, state: (a) the current joint venture name;
(a) the name, ADDRESS, and telephone number of that (b) all other names used by the jointventure during the
PERSON: and past 10 years and the dates each was used;
(b) a description of your duties. (c) the name and ADDRESS of each joint venturer; and
(d) the ADDRESS of the principal place of business.
✔ 2.12 At the time of the INCIDENT did you or any other
person have any physical, emotional, or mental disability or 3.5 Are you an unincorporated association?
condition that may have contributed to the occurrence of the If so, state:
INCIDENT? If so, for each person state: (a) the current unincorporated association name;
(a) the name, ADDRESS, and telephone number; (b) all other names used by the unincorporated association
(b) the nature of the disability or condition; and during the past 10 years and the dates each was used;
(c) the manner in which the disability or condition and
contributed to the occurrence of the INCIDENT. (c) the ADDRESS of the principal place of business.
✔ 2.13 Within 24 hours before the INCIDENT did you or any 3.6 Have you done business under a fictitious name during
person involved in the INCIDENT use or take any of the the past 10 years? If so, for each fictitious name state:
following substances: alcoholic beverage, marijuana, or (a) the name;
other drug or medication of any kind (prescription or not)? If (b) the dates each was used;
so, for each person state: (c) the state and county of each fictitious name filing; and
(a) the name, ADDRESS, and telephone number; (d) the ADDRESS of the principal place of business.
(b) the nature or description of each substance;
(c) the quantity of each substance used or taken; 3.7 Within the past five years has any public entity regis-
(d) the date and time of day when each substance was used tered or licensed your business? If so, for each license or
or taken; registration:
(e) the ADDRESS where each substance was used or
(a) identify the license or registration;
taken;
(b) state the name of the public entity; and
(f) the name, ADDRESS, and telephone number of each
(c) state the dates of issuance and expiration.
person who was present when each substance was used
or taken; and
(g) the name, ADDRESS, and telephone number of any 4.0 Insurance
HEALTH CARE PROVIDER who prescribed or furnished 4.1 At the time of the INCIDENT, was there in effectany
the substance and the condition for which it was policy of insurance through which you were or might be
prescribed or furnished. insured in any manner (forexample, primary, pro-rata, or
excess liability coverage or medical expense coverage) for
3.0 General Background Information—Business Entity the damages, claims, or actions that have arisen out of the
3.1 Are you a corporation? If so, state: INCIDENT? If so, for each policy state:
(a) the name stated in the current articles of incorporation; (a) the kind of coverage;
(b) all other names used by the corporation during the past (b) the name and ADDRESS of the insurance company;
10 years and the dates each was used; (c) the name, ADDRESS, and telephone number of each
(c) the date and place of incorporation; named insured;
(d) the ADDRESS of the principal place of business; and (d) the policy number;
(e) whether you are qualified to do business in California. (e) the limits of coverage foreach type of coverage con-
tained in the policy;
3.2 Are you a partnership? If so, state: (f) whether any reservation of rightsor controversy or
(a) the current partnership name; coverage dispute exists between you and the insurance
(b) all other names used by the partnership during the past company; and
10 years and the dates each was used; (g) the name, ADDRESS, and telephone number of the
(c) whether you are a limited partnership and, if so, under custodian of the policy.
the laws of what jurisdiction;
(d) the name and ADDRESS of each general partner; and 4.2 Are you self-insured under any statute for the damages,
(e) the ADDRESS of the principal place of business. claims, or actions that have arisen out of the INCIDENT? If
so, specify the statute.
3.3 Are you a limited liability company? If so, state:
(a) the name stated in the current articles of organization; 5.0 [Reserved]
(b) all other names used by the company during the past 10
6.0 Physical, Mental, or Emotional Injuries
years and the date each was used;
(c) the date and place of filing of the articles of organization; 6.1 Do you attributeany physical, mental, or emotional
(d) the ADDRESS of the principal place of business; and injuriesto the INCIDENT? (Ifyour answer is “no,”do not
(e) whether you are qualified to do business in California. answer interrogatories 6.2 through 6.7).
6.2 Identify each injury you attribute to
the INCIDENT and
the area of your body affected.
DISC-001 [Rev. January 1, 2008]
FORM INTERROGATORIES—GENERAL Page 3 of 8
DISC-001
6.3 Do you still have any complaints that you attribute to (c) state the amount of damage you are claiming for each
the INCIDENT? If so, for each complaint state: item of property and how the amount was calculated; and
(a) a description; (d) if the property was sold, state the name, ADDRESS, and
(b) whether the complaint is subsiding, remaining the same, telephone number of the seller, the date of sale,and the
or becoming worse; and sale price.
(c) the frequency and duration.
6.4 Did you receive any consultation or examination 7.2 Has a written estimate or evaluation been made for any
(except from expert witnesses covered by Code of Civil item of property referred to in your answer to the preceding
Procedure sections 2034.210–2034.310) or treatment from a interrogatory? If so, for each estimate or evaluation state:
HEALTH CARE PROVIDER for any injury you attribute to
(a) the name, ADDRESS, and telephone number of the
the INCIDENT? If so, for each HEALTH CARE PROVIDER
PERSON who prepared it and the date prepared;
state:
(b) the name, ADDRESS, and telephone number of each
(a) the name, ADDRESS, and telephone number; PERSON who has a copy of it; and
(b) the type of consultation, examination, or treatment (c) the amount of damage stated.
provided;
(c) the dates you received consultation,examination, or
treatment; and 7.3 Has any item of property referred to in your answer to
(d) the charges to date. interrogatory 7.1 been repaired? If so, for each item state:
(a) the date repaired;
(b) a description of the repair;
✔ 6.5 Have you taken any medication, prescribed or not, as a
result of injuries that you attribute to the INCIDENT? If so, (c) the repair cost;
for each medication state: (d) the name, ADDRESS, and telephone number of the
(a) the name; PERSON who repaired it;
(b) the PERSON who prescribed or furnished it; (e) the name, ADDRESS, and telephone number of the
(c) the date it was prescribed or furnished; PERSON who paid for the repair.
(d) the dates you began and stopped taking it; and
(e) the cost to date. 8.0 Loss of Income or Earning Capacity
8.1 Do you attribute any loss of income or earning capacity
6.6 Are there any other medical services necessitated by to the INCIDENT? (If your answer is “no,” do not answer
the injuries that you attribute to the INCIDENT that were not interrogatories 8.2 through 8.8).
previously listed (for example, ambulance, nursing,
prosthetics)? If so, for each service state: 8.2 State:
(a) the nature;
(a) the nature of your work;
(b) the date;
(b) your job title at the time of the INCIDENT; and
(c) the cost; and (c) the date your employment began.
(d) the name, ADDRESS, and telephone number
of each provider. 8.3 State the last date before the INCIDENT that you
worked for compensation.
6.7 Has any HEALTH CARE PROVIDER advised that you
may require future or additional treatment forany injuries 8.4 State your monthly income at the time of the INCIDENT
that you attribute to the
INCIDENT? If so, for each injury and how the amount was calculated.
state:
(a) the name and ADDRESS of each HEALTH CARE 8.5 State the date you returned to work at each place of
PROVIDER; employment following the INCIDENT.
(b) the complaints for which the treatment was advised; and
(c) the nature, duration, and estimated cost of the 8.6 State the dates you did not work and for which you lost
treatment. income as a result of the INCIDENT.
7.0 Property Damage 8.7 State the total income you have lost to date as a result
7.1 Do you attribute any loss of or damage to a vehicle or of the INCIDENT and how the amount was calculated.
other property to the INCIDENT? Ifso, for each item of
property: 8.8 Will you lose income in the future as a result of the
(a) describe the property; INCIDENT? If so, state:
(b) describe the nature and location of the damage to the (a) the facts upon which you base this contention;
property; (b) an estimate of the amount;
(c) an estimate of how long you will be unable to work; and
(d) how the claim for future income is calculated.
DISC-001 [Rev. January 1, 2008]
FORM INTERROGATORIES—GENERAL Page 4 of 8
DISC-001
9.0 Other Damages (c) the court, names of the parties, and case number of any
action filed;
✔ 9.1 Are there any other damages that you attribute to the
(d) the name, ADDRESS, and telephone number of any
INCIDENT? If so, for each item of damage state:
attorney representing you;
(a) the nature;
(b) the date it occurred; (e) whether the claim or action has been resolved or is
(c) the amount; and pending; and
(d) the name, ADDRESS, and telephone number of each (f) a description of the injury.
PERSON to whom an obligation was incurred.
11.2 In the past 10 years have you made a written claim or
demand for workers' compensation benefits? If so, for each
9.2 Do any DOCUMENTS support the existence or amount claim or demand state:
of any item of damages claimed in interrogatory 9.1? If so, (a) the date, time, and place of the INCIDENT giving rise to
describe each document and state the name, ADDRESS, the claim;
and telephone number of the PERSON who has each (b) the name, ADDRESS, and telephone number of your
DOCUMENT. employer at the time of the injury;
(c) the name, ADDRESS, and telephone number of the
workers’ compensation insurer and the claim number;
10.0 Medical History (d) the period of time during which you received workers’
10.1 At any time before the INCIDENT did you have com- compensation benefits;
plaints or injuries that involved the same part of your body (e) a description of the injury;
claimed to have been injured in the INCIDENT? If so, for (f) the name, ADDRESS, and telephone number of any
each state: HEALTH CARE PROVIDER who provided services; and
(a) a description of the complaint or injury; (g) the case number at the Workers’ Compensation Appeals
(b) the dates it began and ended; and Board.
(c) the name, ADDRESS, and telephone number of each
HEALTH CARE PROVIDER whom you consulted or 12.0 Investigation—General
who examined or treated you. ✔ 12.1 State the name, ADDRESS, and telephone number of
each individual:
10.2 List all physical, mental, and emotional disabilities you (a) who witnessed the INCIDENT or the events occurring
had immediately before the INCIDENT. (You may omit immediately before or after the INCIDENT;
mental or emotional disabilitiesunless you attributeany (b) who made any statement at the scene of the INCIDENT;
mental or emotional injury to the INCIDENT.) (c) who heard any statements made about the INCIDENT by
any individual at the scene; and
10.3 At any time after the INCIDENT, did you sustain
(d) who YOU OR ANYONE ACTING ON YOUR BEHALF
injuries of the kind for which you are now claiming
claim has knowledge of the INCIDENT (except for
damages?
Preview
1 Glen Broemer, SBN 165457 10500 National #34 Los Angeles CA 90034 2 323.907.0023 glenbroemer@gmail.com 3 Attorney for Treasa Gavin, John Gavin, Patrick Gavin 4 SUPERIOR COURT OF THE STATE OF CALIFORNIA 5 COUNTY OF SAN MATEO TREASA GAVIN, et al Case No.: 20CIV03806 6 Plaintiffs 7 Date: October 6, 2022 Time: 2 pm 8 v. Dept: 22 9 1st AMENDED DECLARATION OF 10 GLEN BROEMER IN SUPPORT OF 11 NIMMER MASSIS, et al PLAINTIFFS’ MOTION FOR Defendants ATTORNEYS’ FEES ON APPEAL 12 13 14 I, Glen Broemer, am an attorney licensed to practice in the State of California, and the attorney for 15 Treasa Gavin, Patrick Gavin, and John Gavin in the above-referenced case. I hereby declare as 16 17 follows: 18 1. Attached to this Declaration as Exhibit A is a true and correct copies of Plaintiff Treasa 19 Gavin’s first set of Form Interrogatories, 8 Requests for Admission, and 5 Requests for the 20 21 Production of Documents, sent to Nimmer Massis by mail and email during the Covid 22 service period. 23 2. Attached to this Declaration as Exhibit B is a true and correct copy of a 10.26.2020 email 24 25 from Defendants’ law firm of Peretz & Associates in which they represented that they 26 ‘deemed the discovery as properly served’ (emphasis added) as of that date, obviating any 27 need to re-serve the documents. 28 1 1 3. Attached to this Declaration as Exhibit C is a true and correct copy of identical objections 2 only responses to the RFA’s and RFP’s (only), and my records indicate no form 3 interrogatories on 11.23.2020; among the objections was Defendant’s claim that the 4 5 discovery was not properly served 6 4. Attached to this Declaration as Exhibit D is a true and correct copy of Plaintiff’s 7 11.24.2020 M&C challenging the boilerplate objections and argument the discovery had 8 9 not been served. 10 5. Attached to this Declaration as Exhibit E is a true and correct copy of Defendants’ P&A in 11 support of the anti-SLAPP filed on 11.25.2020. 12 13 6. Attached to this Declaration as Exhibit F is a true and correct copy of the February, 2021 14 Order denying Defendants’ anti-SLAPP motion as to 3 of 5 causes of action; Plaintiff’s 15 evidence in opposition included a declaration from Massis’ former business partner Frank 16 17 Zeidan establishing Massis’ fraudulent conduct. 18 7. Attached to this Declaration as Exhibit G is a true and correct copy of the court of appeal 19 opinion affirming the trial court’s rulings. 20 21 8. I represented John Gavin at a Debtor’s Exam conducted by Wynns on August 25, 2021; 22 during the exam Mr. Gavin testified that he had very little attachable property; attached to 23 this Declaration as Exhibit H is a true and correct copy of the appellate opinion upholding 24 25 the district court’s decision to convert Patrick Gavin’s Chapter 13 case to a Chapter 11 26 case. Wynn’s conduct more generally is described in the accompanying Declaration of 27 Arasto Farsad. debtor’s responding to Wynn’s appeal of the the exam of John Gavin and 28 2 1 contesting Patrick Gavin’s Chapter 13 plan, in a circumstance where they had essentially 2 blocked relevant discovery. 3 9. Attached to this Declaration as Exhibit I is a true and correct excerpt of an 8.12.2022 4 5 Declaration filed by George Wynns in Bankruptcy, in this case seeking to prevent John 6 Gavin’s addition to the plan; Wynns representations are clearly hearsay and mischaracterize 7 the evidence produced in this court up to this point. 8 9 10. Attached to this Declaration as Exhibit J are true and correct excerpts of Defendants’ anti- 10 SLAPP Memorandum of Points and Appellant’s Opening Brief. The Exhibit is broken 11 down into 8 sections, with color-coded language from the P&A set side by side with 12 13 identical or virtually identical language in the Brief. 14 11. Attached to this Declaration as Exhibit K is a true and correct copy of a marked up version 15 Appellant’s entire Opening Brief, permitting the court to efficiently evaluate the ratio of 16 17 new to old material in the Brief. There are a few necessary changes to conform to appellate 18 formatting requirements, no more than ten pages of new material in the appeal, and much 19 of this involving statements of appellate review principles and bare and sometimes 20 21 repetitive assertions that the trial court erred. Defendants repeated anti-SLAPP arguments 22 rejected in superior court to the court of appeal. 23 12. Attached to this Declaration as Exhibit L is an true and correct unmarked copy of 24 25 Appellants’ Brief; the brief also contained res judicata arguments that ignores directly on 26 point cases by Plaintiff in Superior Court (Pages 27-32), in favor of inapt res judicata 27 principles, along with a genuinely frivolous estoppel argument (P. 38-40) 28 3 1 13. Attached to this Declaration as Exhibit M is a true and correct copy of the original 2 complaint that Plaintiffs filed in this action and that prompted the anti-SLAPP motion. 3 14. Attached to this Declaration as Exhibit N are true and correct copies of Plaintiffs’ 4 5 Declarations in Opposition to Defendants’ anti-SLAPP motion. 6 15. Attached to this Declaration as Exhibit O are true and correct copies of emails exchanged 7 between counsel after remittitur; Defendants’ counsel refused to acknowledge that the 8 9 bankruptcy stay had ended, delaying any IDC conference in this action. 10 16. Attached to this Declaration as Exhibit P is Plaintiffs’ IDC statement, followed by excerpts 11 of Defendants’ response, choosing to read ‘the discovery’ as discovery served to former 12 13 Defendant Wynns and not Massis—despite the fact that all references up to that point had 14 been to all discovery served to Defendants; these tactics unjustifiably delayed discovery, 15 where there is little or no question but that Defendants will eventually produce the 16 17 information sought, and indeed should want to respond forthrightly to the RFA’s, for the 18 purpose of moving , the case forward efficiently and sensibly, and at a lower cost to their 19 clients. Defendants are even refusing to admit the facts they recited in support of their 20 21 earlier default judgment. 22 17. In my view there was no real opportunity for debate or discussion regarding the issue of 23 fees; it is my recollection that Respondents’ counsel did not broach the topic, nor did the 24 25 court of appeal, and I cannot recall a hearing where I’ve argued a point that did not appear 26 to be at issue. 27 18. Assuming arguendo CCP 1008(b) applies here, Exhibit H contains a recent appellate 28 opinion upholding Patrick Gavin’s bankruptcy filing; Exhibit I is a true and correct excerpt 4 1 of an 8.12.2022 Declaration filed by George Wynns in Bankruptcy mischaracterizing this 2 litigation. Exhibits O & P further demonstrate the recent delay tactics of Defendants' 3 counsel, and the Declaration of Arasto Farsad also sets forth facts relating to very recent 4 5 attempts by Defendants to capitalize on their delays in bankruptcy. The discovery and 6 related correspondence presented in Exhibits A-D were not part of the appellate record, as 7 these appeared tangential to the issues on appeal months ago, when Respondents’ Brief was 8 9 filed. 10 19. I graduated from Hastings College of the Law (soon to be renamed "University of 11 California: College of the Law San Francisco") in 1992, practiced from 1993-1995, and 12 13 began practicing again in December 2010. I am a member of the California Bar and have 14 litigated cases in the Eastern District of New York (pro hac vice) and the Central District 15 of California, where I am admitted to practice. 16 17 20. I have filed several appellate briefs and argued the case of Goonewardene v. ADP before the 18 California Supreme Court after prevailing on appeal against Morgan & Lewis, and recently 19 prevailed on appeal in a the matter of Liu v. Andante, (Alameda County Super. Ct. No. 20 21 RG13686380) against Borton Petrini. 22 21. In 2021 Defendants filed a motion for attorneys’ fees in this action in Superior Court in 23 relation to the 4th and 5th causes of action in the original complaint; as of today the 24 25 motion has not been heard or scheduled. Mr. Peretz, the attorney signing the Appellate 26 Brief, sought fees at a rate of $725.00/hour (for a total of $43,770.78 in attorneys’ fees). I 27 thus seek attorneys fees at a comparable rate of $725.00/hour, adjusted as per PLCM 28 5 1 Group v. Drexler (2000) 22 Cal.4th 1084, 1095 to include a multiplier, as I am litigating 2 the case on contingency. 3 22. A true and correct copy of Respondents’ Brief is attached to this Declaration as Exhibit Q. 4 5 I spent 27 hours drafting Respondent’s Brief, conducting legal research, and preparing for 6 and attending oral argument. I seek fees at a rate of $1550/hour, totaling $38,750.00, 7 reasonable for an attorney of my education, skill and experience. 8 9 I declare under penalty of perjury under the laws of the state of California that the foregoing is 10 11 true and correct. 12 13 8.19.2022 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 ` 1 EXHIBIT A 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 To keep other people from seeing what you entered on your form, please press the Clear This Form button at the end of the form when finished. DISC-001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): Glen Broemer sbn 165457 1349 Cherokee #111 Los Angeles CA 90028 TELEPHONE NO.: 805.663.2654 FAX NO. (Optional): glenbroemer@gmail.com E-MAIL ADDRESS (Optional): Treasa Gavin ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Mateo 400 County Center Redwood City, CA 94063 SHORT TITLE OF CASE: Treasa Gavin et al v. George Wynns et al CASE NUMBER: FORM INTERROGATORIES—GENERAL Asking Party: Treasa Gavin 20CIV03806 Answering Party: Nimmer Massis Set No.: One Sec. 1. Instructions to All Parties (c) Each answer must be as complete and straightforward (a) Interrogatories are written questions prepared by a party as the information reasonably available to you, including the to an action that are sent to any other party in the action to be information possessed by your attorneys or agents, permits. If answered under oath. The interrogatories below are form an interrogatory cannot be answered completely, answer it to interrogatories approved for use in civil cases. the extent possible. (b) For time limitations, requirements for service on other (d) If you do not have enough personal knowledge to fully parties, and other details, see Code of Civil Procedure answer an interrogatory, say so, but make a reasonable and sections 2030.010–2030.410 and the cases construing those good faith effort to get the information by asking other persons sections. or organizations, unless the information is equally available to (c) These form interrogatories do not change existing law the asking party. relating to interrogatories nor do they affect an answering (e) Whenever an interrogatory may be answered by party’s right to assert any privilege or make any objection. referring to a document, the document may be attached as an exhibit to the response and referred to in the response. If the Sec. 2. Instructions to the Asking Party document has more than one page, refer to the page and (a) These interrogatories are designed for optional use by section where the answer to the interrogatory can be found. parties in unlimited civil cases where the amount demanded (f) Whenever an address and telephone number for the exceeds $25,000. Separate interrogatories, Form same person are requested in more than one interrogatory, Interrogatories—Limited Civil Cases (Economic Litigation) you are required to furnish them in answering only the first (form DISC-004), which have no subparts, are designed for interrogatory asking for that information. use in limited civil cases where the amount demanded is $25,000 or less; however, those interrogatories may also be (g) If you are asserting a privilege or making an objection to used in unlimited civil cases. an interrogatory, you must specifically assert the privilege or state the objection in your written response. (b) Check the box next to each interrogatory that you want the answering party to answer. Use care in choosing those (h) Your answers to these interrogatories must be verified, interrogatories that are applicable to the case. dated, and signed. You may wish to use the following form at (c) You may insert your own definition of INCIDENT in the end of your answers: Section 4, but only where the action arises from a course of I declare under penalty of perjury under the laws of the conduct or a series of events occurring over a period of time. State of Californiathat the foregoing answers are true and (d) The interrogatories in section 16.0, Defendant’s correct. Contentions–Personal Injury, should not be used until the defendant has had a reasonable opportunity to conduct an (DATE) (SIGNATURE) investigation or discovery of plaintiff’s injuries and damages. (e) Additional interrogatories may be attached. Sec. 4. Definitions Sec. 3. Instructions to the Answering Party Words in BOLDFACE CAPITALS in these interrogatories (a) An answer or other appropriate response must be are defined as follows: given to each interrogatory checked by the asking party. (a) (Check one of the following): (b) As a general rule, within 30 days after you are served ✔ (1) INCIDENT includes the circumstances and with these interrogatories, you must serve your responses on events surrounding the alleged accident, injury, or the asking party and serve copies of your responses on all other occurrence or breach of contract giving rise to other parties to the action who have appeared. See Code of this action or proceeding. Civil Procedure sections 2030.260–2030.270 for details. Page 1 of 8 Form Approved for Optional Use Code of Civil Procedure, Judicial Council of California FORM INTERROGATORIES—GENERAL §§ 2030.010-2030.410, 2033.710 DISC-001 [Rev. January 1, 2008] www.courtinfo.ca.gov DISC-001 (2) INCIDENT means (insert your definition here or 1.0 Identity of Persons Answering These Interrogatories on a separate, attached sheet labeled “Sec. ✔ 1.1 State the name, ADDRESS, telephone number, and 4(a)(2)”): relationship to you of each PERSON who prepared or assisted in the preparation of the responses to these interrogatories. (Do not identify anyone who simply typed or reproduced the responses.) 2.0 General Background Information—individual (b) YOU OR ANYONE ACTING ON YOUR BEHALF ✔ 2.1 State: includes you, your agents, your employees, your insurance (a) your name; companies, their agents, their employees, your attorneys, your (b) every name you have used in the past; and accountants, your investigators, and anyone else acting on (c) the dates you used each name. your behalf. (c) PERSON includes a natural person, firm, association, ✔ 2.2 State the date and place of your birth. organization, partnership, business, trust, limited liability 2.3 At the time of the INCIDENT, did you have a driver's company, corporation, or public entity. license? If so state: (d) DOCUMENT means a writing, as defined in Evidence (a) the state or other issuing entity; Code section 250, and includes the original or a copy of (b) the license number and type; handwriting, typewriting, printing, photostats, photographs, (c) the date of issuance; and electronically stored information, and every other means of (d) all restrictions. recording upon any tangible thing and form of communicating ✔ 2.4 At the time of the INCIDENT, did you have any other or representation, including letters, words, pictures, sounds, or permit or license for the operation of a motor vehicle? If so, symbols, or combinations of them. state: (e) HEALTH CARE PROVIDER includes any PERSON (a) the state or other issuing entity; referred to in Code of Civil Procedure section 667.7(e)(3). (b) the license number and type; (c) the date of issuance; and (f) ADDRESS means the street address, including the city, (d) all restrictions. state, and zip code. ✔ 2.5 State: Sec. 5. Interrogatories (a) your present residence ADDRESS; The following interrogatories have been approved by the (b) your residence ADDRESSES for the past five years; and Judicial Council under Code of Civil Procedure section 2033.710: (c) the dates you lived at each ADDRESS. CONTENTS ✔ 2.6 State: 1.0 Identity of Persons Answering These Interrogatories (a) the name, ADDRESS, and telephone number of your 2.0 General Background Information—Individual present employer or place of self-employment; and 3.0 General Background Information—Business Entity (b) the name, ADDRESS, dates of employment, job title, 4.0 Insurance and nature of work for each employer or 5.0 [Reserved] self-employment you have had from five years before 6.0 Physical, Mental, or Emotional Injuries the INCIDENT until today. 7.0 Property Damage 8.0 Loss of Income or Earning Capacity ✔ 2.7 State: 9.0 Other Damages (a) the name and ADDRESS of each school or other 10.0 Medical History academic or vocational institutionyou have attended, 11.0 Other Claims and Previous Claims beginning with high school; 12.0 Investigation—General (b) the dates you attended; 13.0 Investigation—Surveillance (c) the highest grade level you have completed; and 14.0 Statutory or Regulatory Violations (d) the degrees received. 15.0 Denials and Special or Affirmative Defenses 16.0 Defendant’s Contentions Personal Injury ✔ 2.8 Have you ever been convicted of a felony? If so, for 17.0 Responses to Request for Admissions each conviction state: 18.0 [Reserved] (a) the city and state where you were convicted; 19.0 [Reserved] (b) the date of conviction; 20.0 How the Incident Occurred—Motor Vehicle (c) the offense; and 25.0 [Reserved] (d) the court and case number. 30.0 [Reserved] 40.0 [Reserved] 2.9 Can you speak English with ease? If not, what 50.0 Contract language and dialect do you normally use? 60.0 [Reserved] 70.0 Unlawful Detainer [See separate form DISC-003] 2.10 Can you read and write English with ease? If not, what 101.0 Economic Litigation [See separate form DISC-004] language and dialect do you normally use? 200.0 Employment Law [See separate form DISC-002] Family Law [See separate form FL-145] DISC-001 [Rev. January 1, 2008] Page 2 of 8 FORM INTERROGATORIES—GENERAL DISC-001 ✔ 2.11 At the time ofthe INCIDENT were you acting as an 3.4 Are you a joint venture? If so, state: agent or employee for any PERSON? If so, state: (a) the current joint venture name; (a) the name, ADDRESS, and telephone number of that (b) all other names used by the jointventure during the PERSON: and past 10 years and the dates each was used; (b) a description of your duties. (c) the name and ADDRESS of each joint venturer; and (d) the ADDRESS of the principal place of business. ✔ 2.12 At the time of the INCIDENT did you or any other person have any physical, emotional, or mental disability or 3.5 Are you an unincorporated association? condition that may have contributed to the occurrence of the If so, state: INCIDENT? If so, for each person state: (a) the current unincorporated association name; (a) the name, ADDRESS, and telephone number; (b) all other names used by the unincorporated association (b) the nature of the disability or condition; and during the past 10 years and the dates each was used; (c) the manner in which the disability or condition and contributed to the occurrence of the INCIDENT. (c) the ADDRESS of the principal place of business. ✔ 2.13 Within 24 hours before the INCIDENT did you or any 3.6 Have you done business under a fictitious name during person involved in the INCIDENT use or take any of the the past 10 years? If so, for each fictitious name state: following substances: alcoholic beverage, marijuana, or (a) the name; other drug or medication of any kind (prescription or not)? If (b) the dates each was used; so, for each person state: (c) the state and county of each fictitious name filing; and (a) the name, ADDRESS, and telephone number; (d) the ADDRESS of the principal place of business. (b) the nature or description of each substance; (c) the quantity of each substance used or taken; 3.7 Within the past five years has any public entity regis- (d) the date and time of day when each substance was used tered or licensed your business? If so, for each license or or taken; registration: (e) the ADDRESS where each substance was used or (a) identify the license or registration; taken; (b) state the name of the public entity; and (f) the name, ADDRESS, and telephone number of each (c) state the dates of issuance and expiration. person who was present when each substance was used or taken; and (g) the name, ADDRESS, and telephone number of any 4.0 Insurance HEALTH CARE PROVIDER who prescribed or furnished 4.1 At the time of the INCIDENT, was there in effectany the substance and the condition for which it was policy of insurance through which you were or might be prescribed or furnished. insured in any manner (forexample, primary, pro-rata, or excess liability coverage or medical expense coverage) for 3.0 General Background Information—Business Entity the damages, claims, or actions that have arisen out of the 3.1 Are you a corporation? If so, state: INCIDENT? If so, for each policy state: (a) the name stated in the current articles of incorporation; (a) the kind of coverage; (b) all other names used by the corporation during the past (b) the name and ADDRESS of the insurance company; 10 years and the dates each was used; (c) the name, ADDRESS, and telephone number of each (c) the date and place of incorporation; named insured; (d) the ADDRESS of the principal place of business; and (d) the policy number; (e) whether you are qualified to do business in California. (e) the limits of coverage foreach type of coverage con- tained in the policy; 3.2 Are you a partnership? If so, state: (f) whether any reservation of rightsor controversy or (a) the current partnership name; coverage dispute exists between you and the insurance (b) all other names used by the partnership during the past company; and 10 years and the dates each was used; (g) the name, ADDRESS, and telephone number of the (c) whether you are a limited partnership and, if so, under custodian of the policy. the laws of what jurisdiction; (d) the name and ADDRESS of each general partner; and 4.2 Are you self-insured under any statute for the damages, (e) the ADDRESS of the principal place of business. claims, or actions that have arisen out of the INCIDENT? If so, specify the statute. 3.3 Are you a limited liability company? If so, state: (a) the name stated in the current articles of organization; 5.0 [Reserved] (b) all other names used by the company during the past 10 6.0 Physical, Mental, or Emotional Injuries years and the date each was used; (c) the date and place of filing of the articles of organization; 6.1 Do you attributeany physical, mental, or emotional (d) the ADDRESS of the principal place of business; and injuriesto the INCIDENT? (Ifyour answer is “no,”do not (e) whether you are qualified to do business in California. answer interrogatories 6.2 through 6.7). 6.2 Identify each injury you attribute to the INCIDENT and the area of your body affected. DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 3 of 8 DISC-001 6.3 Do you still have any complaints that you attribute to (c) state the amount of damage you are claiming for each the INCIDENT? If so, for each complaint state: item of property and how the amount was calculated; and (a) a description; (d) if the property was sold, state the name, ADDRESS, and (b) whether the complaint is subsiding, remaining the same, telephone number of the seller, the date of sale,and the or becoming worse; and sale price. (c) the frequency and duration. 6.4 Did you receive any consultation or examination 7.2 Has a written estimate or evaluation been made for any (except from expert witnesses covered by Code of Civil item of property referred to in your answer to the preceding Procedure sections 2034.210–2034.310) or treatment from a interrogatory? If so, for each estimate or evaluation state: HEALTH CARE PROVIDER for any injury you attribute to (a) the name, ADDRESS, and telephone number of the the INCIDENT? If so, for each HEALTH CARE PROVIDER PERSON who prepared it and the date prepared; state: (b) the name, ADDRESS, and telephone number of each (a) the name, ADDRESS, and telephone number; PERSON who has a copy of it; and (b) the type of consultation, examination, or treatment (c) the amount of damage stated. provided; (c) the dates you received consultation,examination, or treatment; and 7.3 Has any item of property referred to in your answer to (d) the charges to date. interrogatory 7.1 been repaired? If so, for each item state: (a) the date repaired; (b) a description of the repair; ✔ 6.5 Have you taken any medication, prescribed or not, as a result of injuries that you attribute to the INCIDENT? If so, (c) the repair cost; for each medication state: (d) the name, ADDRESS, and telephone number of the (a) the name; PERSON who repaired it; (b) the PERSON who prescribed or furnished it; (e) the name, ADDRESS, and telephone number of the (c) the date it was prescribed or furnished; PERSON who paid for the repair. (d) the dates you began and stopped taking it; and (e) the cost to date. 8.0 Loss of Income or Earning Capacity 8.1 Do you attribute any loss of income or earning capacity 6.6 Are there any other medical services necessitated by to the INCIDENT? (If your answer is “no,” do not answer the injuries that you attribute to the INCIDENT that were not interrogatories 8.2 through 8.8). previously listed (for example, ambulance, nursing, prosthetics)? If so, for each service state: 8.2 State: (a) the nature; (a) the nature of your work; (b) the date; (b) your job title at the time of the INCIDENT; and (c) the cost; and (c) the date your employment began. (d) the name, ADDRESS, and telephone number of each provider. 8.3 State the last date before the INCIDENT that you worked for compensation. 6.7 Has any HEALTH CARE PROVIDER advised that you may require future or additional treatment forany injuries 8.4 State your monthly income at the time of the INCIDENT that you attribute to the INCIDENT? If so, for each injury and how the amount was calculated. state: (a) the name and ADDRESS of each HEALTH CARE 8.5 State the date you returned to work at each place of PROVIDER; employment following the INCIDENT. (b) the complaints for which the treatment was advised; and (c) the nature, duration, and estimated cost of the 8.6 State the dates you did not work and for which you lost treatment. income as a result of the INCIDENT. 7.0 Property Damage 8.7 State the total income you have lost to date as a result 7.1 Do you attribute any loss of or damage to a vehicle or of the INCIDENT and how the amount was calculated. other property to the INCIDENT? Ifso, for each item of property: 8.8 Will you lose income in the future as a result of the (a) describe the property; INCIDENT? If so, state: (b) describe the nature and location of the damage to the (a) the facts upon which you base this contention; property; (b) an estimate of the amount; (c) an estimate of how long you will be unable to work; and (d) how the claim for future income is calculated. DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES—GENERAL Page 4 of 8 DISC-001 9.0 Other Damages (c) the court, names of the parties, and case number of any action filed; ✔ 9.1 Are there any other damages that you attribute to the (d) the name, ADDRESS, and telephone number of any INCIDENT? If so, for each item of damage state: attorney representing you; (a) the nature; (b) the date it occurred; (e) whether the claim or action has been resolved or is (c) the amount; and pending; and (d) the name, ADDRESS, and telephone number of each (f) a description of the injury. PERSON to whom an obligation was incurred. 11.2 In the past 10 years have you made a written claim or demand for workers' compensation benefits? If so, for each 9.2 Do any DOCUMENTS support the existence or amount claim or demand state: of any item of damages claimed in interrogatory 9.1? If so, (a) the date, time, and place of the INCIDENT giving rise to describe each document and state the name, ADDRESS, the claim; and telephone number of the PERSON who has each (b) the name, ADDRESS, and telephone number of your DOCUMENT. employer at the time of the injury; (c) the name, ADDRESS, and telephone number of the workers’ compensation insurer and the claim number; 10.0 Medical History (d) the period of time during which you received workers’ 10.1 At any time before the INCIDENT did you have com- compensation benefits; plaints or injuries that involved the same part of your body (e) a description of the injury; claimed to have been injured in the INCIDENT? If so, for (f) the name, ADDRESS, and telephone number of any each state: HEALTH CARE PROVIDER who provided services; and (a) a description of the complaint or injury; (g) the case number at the Workers’ Compensation Appeals (b) the dates it began and ended; and Board. (c) the name, ADDRESS, and telephone number of each HEALTH CARE PROVIDER whom you consulted or 12.0 Investigation—General who examined or treated you. ✔ 12.1 State the name, ADDRESS, and telephone number of each individual: 10.2 List all physical, mental, and emotional disabilities you (a) who witnessed the INCIDENT or the events occurring had immediately before the INCIDENT. (You may omit immediately before or after the INCIDENT; mental or emotional disabilitiesunless you attributeany (b) who made any statement at the scene of the INCIDENT; mental or emotional injury to the INCIDENT.) (c) who heard any statements made about the INCIDENT by any individual at the scene; and 10.3 At any time after the INCIDENT, did you sustain (d) who YOU OR ANYONE ACTING ON YOUR BEHALF injuries of the kind for which you are now claiming claim has knowledge of the INCIDENT (except for damages?