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1 Daniel R. Friedenthal, Esq. – State Bar Number 136847
Michael G. Rix, Esq. – State Bar Number 233653
2 FRIEDENTHAL, HEFFERNAN & BROWN, LLP
1520 W. Colorado Boulevard, Second Floor
3
Pasadena, California 91105
4 Telephone: (626) 628-2800
Facsimile: (626) 628-2828
5 Email: dfriedenthal@fhblawyers.com
mrix@fhblawyers.com
6
Attorneys for Defendant, ALTERNATIVE FAMILY SERVICES
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SONOMA
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11 C.F. by and through her Guardian and Case No.: SCV264540
Guardian Ad Litem SOLOMON FARR; [Assigned to Patrick M. Broderick; Dept. “16”]
12 E.F. by and through her Guardian and
Guardian Ad Litem SOLOMON FARR; DEFENDANT’S OBJECTIONS AND
13 S.F. by and through his Guardian and COUNTER-DESIGNATIONS TO THE
Guardian Ad Litem SOLOMON FARR, DEPOSITION TESTIMONY OF CRAIG
14 BARTON
15 Plaintiffs,
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v.
17
18
19 MARK ZAPATA MARTINEZ; MARTHA Action Filed: 5/31/19
MARTINEZ; ALTERNATIVE FAMILY Trial Date 9/15/23
20 SERVICES, INC.; and DOES 1 - 30,
21 Defendants.
22
23 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
24 Pursuant to CCP § 2025.340, et al, Defendant ALTERNATIVE FAMILY
25 SERVICES, INC. hereby gives notice of intent to object to and counter-designate to
26 the following excerpts from the video deposition and transcript of CRAIG BARTON.
27 ////
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DEFENDANT’S OBJECTIONS AND COUNTER-DESIGNATIONS TO THE
DEPOSITION TESTIMONY OF CRAIG BARTON
1 Page Defense Defense Plaintiff Court’s
Line(s) Objection(s) Counter Objection(s) Ruling
2 Designations
3 7:23-8:6 Expert testimony;
Overbroad;
4 Vague &
Ambiguous
5 8:8-16 Expert testimony;
Overbroad;
6 Vague &
7 Ambiguous
8:18-23 Expert testimony;
8 Overbroad;
Vague &
9 Ambiguous
8:25-9:5 Expert testimony;
10
Overbroad;
11 Vague &
Ambiguous
12 9:7-11 Expert testimony;
Overbroad;
13 Vague &
14 Ambiguous
9:13-24 Expert testimony;
15 Overbroad;
Vague &
16 Ambiguous
10:1-9 Asked &
17
answered. Calls
18 for legal
conclusion.
19 15:24-16:6 Calls for legal
conclusion.
20 16:8-13 Calls for legal
21 conclusion.
16:15-19 Calls for legal
22 conclusion.
16:21-17:5 Calls for legal
23 conclusion;
expert
24 testimony;lacks
25 foundation.
18:14-22 Beyond scope
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2
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DEFENDANT’S OBJECTIONS AND COUNTER-DESIGNATIONS TO THE
DEPOSITION TESTIMONY OF CRAIG BARTON
1 20:15-22 Lacks foundation;
calls for legal
2 conclusion;
beyond scope.
3
23:15-25 Calls for legal
4 conclusion;
overbroad.
5 24:1-10
6 24:12-17 Lacks foundation;
calls for legal
7
conclusion;
8 overbroad; expert
testimony;.
9 25:19-24 Lacks foundation;
calls for legal
10 conclusion;
overbroad; expert
11
testimony;
12 beyond scope.
26:1-8 Lacks foundation;
13 calls for legal
conclusion;
14 overbroad; expert
15 testimony;
beyond scope
16 32:1-10 Lacks foundation;
incomplete
17 hypothetical;
overbroad; vague
18 and ambiguous.
19 33:1-7 Overbroad;
incomplete
20 hypothetical.
33:23-34:6 Overbroad;
21 incomplete
hypothetical;
22
vague and
23 ambiguous.
38:22-40:25
24
41:1-42:1
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42:21-43:13
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DEFENDANT’S OBJECTIONS AND COUNTER-DESIGNATIONS TO THE
DEPOSITION TESTIMONY OF CRAIG BARTON
1 45:20-25 Overbroad;
vague and
2 ambiguous
3 46:19-47:2
4 47:4-47:23
5 53:24-54:5 Calls for legal
conclusion;
6 beyond scope.
7
DATED: October 19, 2023 FRIEDENTHAL, HEFFERNAN & BROWN, LLP
8
9 By Daniel R. Friedenthal .
DANIEL R. FRIEDENTHAL, ESQ.
10 JAY D. BROWN, ESQ.
11 Attorneys for Defendant, ALTERNATIVE
FAMILY SERVICES
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DEFENDANT’S OBJECTIONS AND COUNTER-DESIGNATIONS TO THE
DEPOSITION TESTIMONY OF CRAIG BARTON
1 PROOF OF SERVICE
C.F., et al. v. Martinez, et al.
2 Case No.: SCV264540
3 STATE OF CALIFORNIA )
) ss:
4
COUNTY OF LOS ANGELES )
5 I am employed in the County of Los Angeles, State of California. I am over the
6 age of 18 and not a party to this action. My business address is: 1520 W. Colorado
Boulevard, Second Floor, Pasadena, California 91105. My electronic (email) address
7 is nruiz@fhblawyers.com.
8 On October 19, 2023, I electronically served the foregoing document named:
DEFENDANT’S OBJECTIONS AND COUNTER-DESIGNATIONS TO THE
9 DEPOSITION TESTIMONY OF CRAIG BARTON on the parties indicated in the
attached Service List.
10
MAIL SERVICE: As follows: I am "readily familiar" with the firm's practice of
11 collection and processing correspondence for mailing. Under that practice it would
be deposited with U.S. postal service on that same day with postage thereon fully
12 prepaid at Pasadena, California, in the ordinary course of business. I am aware that
on motion of the party served, service is presumed invalid if postal cancellation date
13 or postage meter date is more than one day after date of deposit for mailing in
affidavit.
14
FEDERAL EXPRESS SERVICE: I caused such envelopes to be delivered by
15
Federal Express to the offices of the addressee listed on the attached Service List. I
16 further designed such envelopes to be delivered to all addressees on the attached
Service List utilizing Fed-Ex’s “Overnight Next-Day Delivery Service.”
17
ELECTRONIC MEANS (EMAIL): I caused such document(s) to be electronically
18 served through email for the above-entitled matter. This service complies with Code
of Civil Procedure §1010.6(e)(1) and/or California Rule of Court 2.251(C)(3) and/or
19 an agreement of the parties to accept service by electronic transmission. The file
transmission was reported as complete and a copy of the “Sent” page noting the date
20
and time of such transmission will be maintained with the file copy of the document(s)
21 in our office.
22 I declare under penalty of perjury under the laws of the State of California that
the above is true and correct. Executed on October 19, 2023, at Pasadena,
23 California.
24
Natasha Ruiz
25
26 For purposes of serving documents on Friedenthal, Heffernan & Brown, LLP,
please use the following email addresses:
27 dfriedenthal@fhblawyers.com; mrix@fhblawyers.com;
jbrown@fhblawyers.com; nruiz@fhblawyers.com
28
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PROOF OF SERVICE
1 SERVICE LIST
C.F., et al. v. Martinez, et al.
2 Case No.: SCV264540
3
Attorneys for Plaintiffs, C.F., E.F. and S.F. by and through their GAL,
4 SOLOMON FARR
Scott R. Montgomery, Esq. Johann Hall, Esq.
5 ABBEY, WEITZENBERG, WARREN & THE LAW OFFICE OF JOHANN HALL
EMERY, P.C. 703 2nd St., Suite 353
6 100 Stony Point Rd., Suite 200 Santa Rosa, CA 95405
Santa Rosa, CA 95402 Tel. No.: (707) 360-8717
7
Tel. No.: (707) 542-5050 Fax No.: (707) 921-7378
8 Fax No.: (707) 542-2589 johann@jhallesq.com
smontgomery@abbeylaw.com;
9 hnorton@abbeylaw.com;
nberg@abbeylaw.com;
10 kwright@abbeylaw.com
11
Criminal Attorneys for MARK ZAPATA MARTINEZ
12 Chris P. Andrian, Esq.
ANDRIAN & GALLENSON
13 1100 Mendocino Ave.
Santa Rosa, CA 95401
14 Tel. No.: (707) 527-9381
15 Fax No.: (707) 526-9051
Andgal.chris@sonic.net
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PROOF OF SERVICE
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1 Daniel R. Friedenthal, Esq. – State Bar Number 136847 Michael G. Rix, Esq. – State Bar Number 233653 2 FRIEDENTHAL, HEFFERNAN & BROWN, LLP 1520 W. Colorado Boulevard, Second Floor 3 Pasadena, California 91105 4 Telephone: (626) 628-2800 Facsimile: (626) 628-2828 5 Email: dfriedenthal@fhblawyers.com mrix@fhblawyers.com 6 Attorneys for Defendant, ALTERNATIVE FAMILY SERVICES 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF SONOMA 10 11 C.F. by and through her Guardian and Case No.: SCV264540 Guardian Ad Litem SOLOMON FARR; [Assigned to Patrick M. Broderick; Dept. “16”] 12 E.F. by and through her Guardian and Guardian Ad Litem SOLOMON FARR; DEFENDANT’S OBJECTIONS AND 13 S.F. by and through his Guardian and COUNTER-DESIGNATIONS TO THE Guardian Ad Litem SOLOMON FARR, DEPOSITION TESTIMONY OF CRAIG 14 BARTON 15 Plaintiffs, 16 v. 17 18 19 MARK ZAPATA MARTINEZ; MARTHA Action Filed: 5/31/19 MARTINEZ; ALTERNATIVE FAMILY Trial Date 9/15/23 20 SERVICES, INC.; and DOES 1 - 30, 21 Defendants. 22 23 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 24 Pursuant to CCP § 2025.340, et al, Defendant ALTERNATIVE FAMILY 25 SERVICES, INC. hereby gives notice of intent to object to and counter-designate to 26 the following excerpts from the video deposition and transcript of CRAIG BARTON. 27 //// 1 28 DEFENDANT’S OBJECTIONS AND COUNTER-DESIGNATIONS TO THE DEPOSITION TESTIMONY OF CRAIG BARTON 1 Page Defense Defense Plaintiff Court’s Line(s) Objection(s) Counter Objection(s) Ruling 2 Designations 3 7:23-8:6 Expert testimony; Overbroad; 4 Vague & Ambiguous 5 8:8-16 Expert testimony; Overbroad; 6 Vague & 7 Ambiguous 8:18-23 Expert testimony; 8 Overbroad; Vague & 9 Ambiguous 8:25-9:5 Expert testimony; 10 Overbroad; 11 Vague & Ambiguous 12 9:7-11 Expert testimony; Overbroad; 13 Vague & 14 Ambiguous 9:13-24 Expert testimony; 15 Overbroad; Vague & 16 Ambiguous 10:1-9 Asked & 17 answered. Calls 18 for legal conclusion. 19 15:24-16:6 Calls for legal conclusion. 20 16:8-13 Calls for legal 21 conclusion. 16:15-19 Calls for legal 22 conclusion. 16:21-17:5 Calls for legal 23 conclusion; expert 24 testimony;lacks 25 foundation. 18:14-22 Beyond scope 26 27 2 28 DEFENDANT’S OBJECTIONS AND COUNTER-DESIGNATIONS TO THE DEPOSITION TESTIMONY OF CRAIG BARTON 1 20:15-22 Lacks foundation; calls for legal 2 conclusion; beyond scope. 3 23:15-25 Calls for legal 4 conclusion; overbroad. 5 24:1-10 6 24:12-17 Lacks foundation; calls for legal 7 conclusion; 8 overbroad; expert testimony;. 9 25:19-24 Lacks foundation; calls for legal 10 conclusion; overbroad; expert 11 testimony; 12 beyond scope. 26:1-8 Lacks foundation; 13 calls for legal conclusion; 14 overbroad; expert 15 testimony; beyond scope 16 32:1-10 Lacks foundation; incomplete 17 hypothetical; overbroad; vague 18 and ambiguous. 19 33:1-7 Overbroad; incomplete 20 hypothetical. 33:23-34:6 Overbroad; 21 incomplete hypothetical; 22 vague and 23 ambiguous. 38:22-40:25 24 41:1-42:1 25 42:21-43:13 26 27 3 28 DEFENDANT’S OBJECTIONS AND COUNTER-DESIGNATIONS TO THE DEPOSITION TESTIMONY OF CRAIG BARTON 1 45:20-25 Overbroad; vague and 2 ambiguous 3 46:19-47:2 4 47:4-47:23 5 53:24-54:5 Calls for legal conclusion; 6 beyond scope. 7 DATED: October 19, 2023 FRIEDENTHAL, HEFFERNAN & BROWN, LLP 8 9 By Daniel R. Friedenthal . DANIEL R. FRIEDENTHAL, ESQ. 10 JAY D. BROWN, ESQ. 11 Attorneys for Defendant, ALTERNATIVE FAMILY SERVICES 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 4 28 DEFENDANT’S OBJECTIONS AND COUNTER-DESIGNATIONS TO THE DEPOSITION TESTIMONY OF CRAIG BARTON 1 PROOF OF SERVICE C.F., et al. v. Martinez, et al. 2 Case No.: SCV264540 3 STATE OF CALIFORNIA ) ) ss: 4 COUNTY OF LOS ANGELES ) 5 I am employed in the County of Los Angeles, State of California. I am over the 6 age of 18 and not a party to this action. My business address is: 1520 W. Colorado Boulevard, Second Floor, Pasadena, California 91105. My electronic (email) address 7 is nruiz@fhblawyers.com. 8 On October 19, 2023, I electronically served the foregoing document named: DEFENDANT’S OBJECTIONS AND COUNTER-DESIGNATIONS TO THE 9 DEPOSITION TESTIMONY OF CRAIG BARTON on the parties indicated in the attached Service List. 10 MAIL SERVICE: As follows: I am "readily familiar" with the firm's practice of 11 collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully 12 prepaid at Pasadena, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date 13 or postage meter date is more than one day after date of deposit for mailing in affidavit. 14 FEDERAL EXPRESS SERVICE: I caused such envelopes to be delivered by 15 Federal Express to the offices of the addressee listed on the attached Service List. I 16 further designed such envelopes to be delivered to all addressees on the attached Service List utilizing Fed-Ex’s “Overnight Next-Day Delivery Service.” 17 ELECTRONIC MEANS (EMAIL): I caused such document(s) to be electronically 18 served through email for the above-entitled matter. This service complies with Code of Civil Procedure §1010.6(e)(1) and/or California Rule of Court 2.251(C)(3) and/or 19 an agreement of the parties to accept service by electronic transmission. The file transmission was reported as complete and a copy of the “Sent” page noting the date 20 and time of such transmission will be maintained with the file copy of the document(s) 21 in our office. 22 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on October 19, 2023, at Pasadena, 23 California. 24 Natasha Ruiz 25 26 For purposes of serving documents on Friedenthal, Heffernan & Brown, LLP, please use the following email addresses: 27 dfriedenthal@fhblawyers.com; mrix@fhblawyers.com; jbrown@fhblawyers.com; nruiz@fhblawyers.com 28 -1- PROOF OF SERVICE 1 SERVICE LIST C.F., et al. v. Martinez, et al. 2 Case No.: SCV264540 3 Attorneys for Plaintiffs, C.F., E.F. and S.F. by and through their GAL, 4 SOLOMON FARR Scott R. Montgomery, Esq. Johann Hall, Esq. 5 ABBEY, WEITZENBERG, WARREN & THE LAW OFFICE OF JOHANN HALL EMERY, P.C. 703 2nd St., Suite 353 6 100 Stony Point Rd., Suite 200 Santa Rosa, CA 95405 Santa Rosa, CA 95402 Tel. No.: (707) 360-8717 7 Tel. No.: (707) 542-5050 Fax No.: (707) 921-7378 8 Fax No.: (707) 542-2589 johann@jhallesq.com smontgomery@abbeylaw.com; 9 hnorton@abbeylaw.com; nberg@abbeylaw.com; 10 kwright@abbeylaw.com 11 Criminal Attorneys for MARK ZAPATA MARTINEZ 12 Chris P. Andrian, Esq. ANDRIAN & GALLENSON 13 1100 Mendocino Ave. Santa Rosa, CA 95401 14 Tel. No.: (707) 527-9381 15 Fax No.: (707) 526-9051 Andgal.chris@sonic.net 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- PROOF OF SERVICE