On October 15, 2021 a
78105Decla025d9b
was filed
involving a dispute between
Castro, Maya,
and
Buckalew, Tija,
Liberty Mutual Insurance Company,
Meacham, Thomas Boyd, Iii,
Spurgeon Painting, Inc.,
Spurgeon Painting, Inc,
for 36: Unlimited Wrongful Termination
in the District Court of Sonoma County.
Preview
DocuSign Envelope ID: 0941538F-2938-4FB3-9FCD-78505718D3B3
1 Maya Castro
777 Silver Spur Road, Suite 235
2 Rolling Hills Estates, CA 90274
Email: mayas.castro@yahoo.com
3 Phone: (424) 392-0002
4 Plaintiff in Pro Per
5
6 SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SONOMA
7
8
MAYA CASTRO, ) Case No. SCV-269513
)
9 Plaintiff, ) DECLARATION OF MAYA CASTRO IN
10 ) SUPPORT OF PLAINTIFF'S EX-PARTE
vs. ) APPLICATION FOR LEAVE TO FILE A
11 ) FIRST AMENDED COMPLAINT TO
SPURGEON PAINTING, INC., a California ) SUBSTITUTE DOE 1 WITH LIBERTY
12 Corporation; THOMAS BOYD MEACHAM ) MUTUAL INSURANCE COMPANY OR,
III, an individual; TIJA BUCKALEW, an )
) IN THE ALTERNATIVE, FOR AN
13 individual and DOES 1-50,
) ORDER SHORTENING TIME ON
) PLAINTIFF'S MOTION FOR LEAVE TO
14 Defendants. AMEND.
)
)
15 ) Date: 06/29/2023
16 ) Time: 10:30 am
) Dept: 18
17 )
)
)
18
)
19
I, Maya Castro, declare as follows:
20
1. I am the Plaintiff in this action. I am over the age of 18 years and have personal
21
22 knowledge of the facts stated herein, and if called as a witness could and would testify competently
23 to the truth of the facts stated herein.
24 2. Plaintiff, Maya Castro's trial date is set for August 25, 2023.
25 3. Due to the trial date being imminent, there is not enough time for this Motion to be
26 heard through regular channels.
27
28
Ex Parte Application
9
DocuSign Envelope ID: 0941538F-2938-4FB3-9FCD-78505718D3B3
1 4. Through my own efforts, on June 22, 2023, I discovered the existence of a
2 commercial general liability insurance policy held by Spurgeon Painting Inc. with Liberty Mutual
3 Insurance Company, policy number BKO60056464.
4 5. The defendants had previously and consistently denied the existence of such an
5 insurance policy during a series of discovery rounds, despite my repeated requests for information
6 regarding the same.
7 6. I am bringing this Application as soon as it was reasonably possible for me after
8 discovering the need for the amendment to my complaint.
9 7. Allowing me to file a First Amended Complaint will not prejudice any party. The
10 case is still in its pleading stages, and the issues have been known and central to my claims in this
11 case.
12 8. If the Court does not grant me permission to amend my complaint, it would cause
13 me irreparable harm. My ability to seek appropriate compensation and hold the correct parties
14 accountable for potential liabilities and damages would be severely hindered.
15 9. During the discovery rounds, specifically on April 22, 2023, I served Form
16 Interrogatory No. 4.1 on defendant Meacham and Interrogatory 214.1 on defendant Spurgeon.
17 Despite my inquiries, both defendants denied the existence of any insurance policies. Copies of
18 these Interrogatories and responses are attached as Exhibit B and Exhibit C.
19 10. I sent a Meet and Confer letter to the defendants’ counsel on September 22, 2022,
20 emphasizing the discrepancies between the defendants’ discovery responses and the information
21 available on Spurgeon Painting Inc.’s website. A copy of this letter is attached as Exhibit D.
22 11. On September 23, 2022, I received an email from the defendants’ attorney, Diane
23 Aqui, in which she maintained that no amended responses would be provided. A copy of this email
24 is attached as Exhibit E.
25 12. The delay in discovering the insurance policy is a direct result of the defendants'
26 evasive actions, not due to any lack of diligence on my part.
27
28
Ex Parte Application
10
DocuSign Envelope ID: 0941538F-2938-4FB3-9FCD-78505718D3B3
1 13. In consideration of the above facts, I respectfully request that the Court grant me
2 leave to file a First Amended Complaint, allowing me to replace Doe 1 with Liberty Mutual
3 Insurance Company. This amendment is crucial for a just resolution of this case.
4 I declare under penalty of perjury under the laws of the State of California that the
5 foregoing is true and correct and that this Declaration is executed on June 27, 2023 at Rolling Hills
6 Estates, California.
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8
9
Respectfully Submitted,
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12
13
14
15 6/27/2023
Dated: ______________________ _______________________________________
16 Maya Castro, Plaintiff in Pro Per
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Ex Parte Application
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Document Filed Date
June 28, 2023
Case Filing Date
October 15, 2021
Category
36: Unlimited Wrongful Termination
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DocuSign Envelope ID: 0941538F-2938-4FB3-9FCD-78505718D3B3 1 Maya Castro 777 Silver Spur Road, Suite 235 2 Rolling Hills Estates, CA 90274 Email: mayas.castro@yahoo.com 3 Phone: (424) 392-0002 4 Plaintiff in Pro Per 5 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SONOMA 7 8 MAYA CASTRO, ) Case No. SCV-269513 ) 9 Plaintiff, ) DECLARATION OF MAYA CASTRO IN 10 ) SUPPORT OF PLAINTIFF'S EX-PARTE vs. ) APPLICATION FOR LEAVE TO FILE A 11 ) FIRST AMENDED COMPLAINT TO SPURGEON PAINTING, INC., a California ) SUBSTITUTE DOE 1 WITH LIBERTY 12 Corporation; THOMAS BOYD MEACHAM ) MUTUAL INSURANCE COMPANY OR, III, an individual; TIJA BUCKALEW, an ) ) IN THE ALTERNATIVE, FOR AN 13 individual and DOES 1-50, ) ORDER SHORTENING TIME ON ) PLAINTIFF'S MOTION FOR LEAVE TO 14 Defendants. AMEND. ) ) 15 ) Date: 06/29/2023 16 ) Time: 10:30 am ) Dept: 18 17 ) ) ) 18 ) 19 I, Maya Castro, declare as follows: 20 1. I am the Plaintiff in this action. I am over the age of 18 years and have personal 21 22 knowledge of the facts stated herein, and if called as a witness could and would testify competently 23 to the truth of the facts stated herein. 24 2. Plaintiff, Maya Castro's trial date is set for August 25, 2023. 25 3. Due to the trial date being imminent, there is not enough time for this Motion to be 26 heard through regular channels. 27 28 Ex Parte Application 9 DocuSign Envelope ID: 0941538F-2938-4FB3-9FCD-78505718D3B3 1 4. Through my own efforts, on June 22, 2023, I discovered the existence of a 2 commercial general liability insurance policy held by Spurgeon Painting Inc. with Liberty Mutual 3 Insurance Company, policy number BKO60056464. 4 5. The defendants had previously and consistently denied the existence of such an 5 insurance policy during a series of discovery rounds, despite my repeated requests for information 6 regarding the same. 7 6. I am bringing this Application as soon as it was reasonably possible for me after 8 discovering the need for the amendment to my complaint. 9 7. Allowing me to file a First Amended Complaint will not prejudice any party. The 10 case is still in its pleading stages, and the issues have been known and central to my claims in this 11 case. 12 8. If the Court does not grant me permission to amend my complaint, it would cause 13 me irreparable harm. My ability to seek appropriate compensation and hold the correct parties 14 accountable for potential liabilities and damages would be severely hindered. 15 9. During the discovery rounds, specifically on April 22, 2023, I served Form 16 Interrogatory No. 4.1 on defendant Meacham and Interrogatory 214.1 on defendant Spurgeon. 17 Despite my inquiries, both defendants denied the existence of any insurance policies. Copies of 18 these Interrogatories and responses are attached as Exhibit B and Exhibit C. 19 10. I sent a Meet and Confer letter to the defendants’ counsel on September 22, 2022, 20 emphasizing the discrepancies between the defendants’ discovery responses and the information 21 available on Spurgeon Painting Inc.’s website. A copy of this letter is attached as Exhibit D. 22 11. On September 23, 2022, I received an email from the defendants’ attorney, Diane 23 Aqui, in which she maintained that no amended responses would be provided. A copy of this email 24 is attached as Exhibit E. 25 12. The delay in discovering the insurance policy is a direct result of the defendants' 26 evasive actions, not due to any lack of diligence on my part. 27 28 Ex Parte Application 10 DocuSign Envelope ID: 0941538F-2938-4FB3-9FCD-78505718D3B3 1 13. In consideration of the above facts, I respectfully request that the Court grant me 2 leave to file a First Amended Complaint, allowing me to replace Doe 1 with Liberty Mutual 3 Insurance Company. This amendment is crucial for a just resolution of this case. 4 I declare under penalty of perjury under the laws of the State of California that the 5 foregoing is true and correct and that this Declaration is executed on June 27, 2023 at Rolling Hills 6 Estates, California. 7 8 9 Respectfully Submitted, 10 11 12 13 14 15 6/27/2023 Dated: ______________________ _______________________________________ 16 Maya Castro, Plaintiff in Pro Per 17 18 19 20 21 22 23 24 25 26 27 28 Ex Parte Application 11