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1 ALICIA L. QUEEN, ESQ. – State Bar No. 170071
STRATMAN, SCHWARTZ & WILLIAMS-ABREGO
2 P.O. Box 258829
Oklahoma City, OK 73125-8829
3 Phone: (510) 457-3440
Email: alicia.queen@farmersinsurance.com
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Attorney for Defendants,
5 STEPHEN GIBSON, CARLOS FERREIRA, AND KURT RHODES
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7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF ALAMEDA
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11 KRISTEN RYAN, Case No.: RG19016925
UNLIMITED JURISDICTION
12 Plaintiff,
ASSIGNED TO FOR ALL PURPOSES:
13 vs. THE HONORABLE ROBERT MCGUINESS
DEPT: 22
14 CARLOS FERREIRA; STEVEN GIBSON; KURT
RHODES; AND DOES 1 TO 10, DEFENDANTS' NOTICE OF MOTION AND
15 MOTION TO HAVE REQUESTS FOR
Defendants. ADMISSION DEEMED ADMITTED;
16 MEMORANDUM OF POINTS AND
AUTHORITIES; REQUEST FOR
17 REASONABLE SANCTIONS AND
ATTORNEYS' FEES; DECLARATION OF
18 ALICIA L. QUEEN and EXHIBIT A
DECLARATION OF ALICIA L. QUEEN
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DATE: December 23, 2021
20 TIME: 2:30 PM
DEPT: 22
21 RESERVATION NO.: 490264671053
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23 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
24 PLEASE TAKE NOTICE that on December 23, 2021 at 2:30 pm, or as soon thereafter as the
25 matter may be heard in Department 22 of this court located at 1221 Oak Street, Oakland, CA 94612,
26 Defendants, Stephen Gibson, Carlos Ferreira, and Kurt Rhodes, will move this Court for the following
27 Orders:
28 (1) That the matters specified in defendants’ Requests for Admission, Set One, served on
DEFENDANTS' NOTICE OF MOTION AND MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED;
MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS' FEES;
DECLARATION OF ALICIA L. QUEEN and EXHIBIT A DECLARATION OF ALICIA L. QUEEN - 1
1 Plaintiff Kristen Ryan (hereinafter referred to as “plaintiff”), on July 15, 2021 (a true and correct copy of
2 said Requests for Admission is attached to the Declaration of Alicia L. Queen served and filed
3 herewith), to be deemed admitted; and
4 (2) That Plaintiff, Kristen Ryan, pay monetary sanctions to defendants in an amount that the
5 Court deems appropriate, including a sum of at least $500.00 for reasonable expenses and
6 attorney’s fees incurred by defendants in connection with this proceeding, as well as motion
7 filing fees.
8 Defendants’ motion will be made pursuant to California Code of Civil Procedure Section
9 2033.280, et seq. on the ground that plaintiff has willfully refused to comply with her discovery
10 obligations. Further, said Requests for Admission are relevant to the subject matter of this action and do
11 not relate to privileged matters.
12 Said motion will be based on this Notice of Motion, the attached Memorandum of Points and
13 Authorities, Declaration of Alicia L. Queen, the papers and records on file herein, and on such oral and
14 documentary evidence as may be presented at the hearing of the Motion.
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16 STRATMAN, SCHWARTZ & WILLIAMS-
DATED: November 3, 2021
ABREGO
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18 BY:
19 ALICIA L. QUEEN, ESQ.
Attorney for Defendants,
20 STEPHEN GIBSON, CARLOS FERREIRA, AND
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KURT RHODES
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DEFENDANTS' NOTICE OF MOTION AND MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED;
MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS' FEES;
DECLARATION OF ALICIA L. QUEEN and EXHIBIT A DECLARATION OF ALICIA L. QUEEN - 2
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 This firm, representing the Defendants, sent five (5) Requests for Admission to Plaintiff, which
3 directly addressed claims being made by Plaintiff in her Complaint. These were served on July 15,
4 2021, and to date, no responses have been received, although more than the statutory time has elapsed
5 for the Plaintiff to respond under the statutory scheme. CCP section 1013, 1013a. The Defendants
6 accordingly make this motion to have the matters deemed admitted.
7 DISCUSSION
8 Responses under oath and in the proper format are due within 30 days from the date that
9 Requests for Admission are served on a party. See California Code of Civil Procedure §§ 2033.250,
10 2019. Failure to timely respond to Requests for Admission empowers the requesting party to move for a
11 court order that the truth of any matters specified in the Requests be deemed admitted, as well as for a
12 monetary sanction. [CCP § 2033.280(b)]
13 "The law governing the consequences for failing to respond to requests for admission may be the
14
most unforgiving in civil procedure. There is no relief under [C.C.P.] section 473." Since this motion
15
deals with a failure to respond, rather than inadequate responses, no attempt need be shown to resolve
16
the matter informally (See Demyer v. Costa Mesa Mobile Home Estates (1995) 36 CA4th 393, 395, 42
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CR2d 260, 261, fn. 4 (citing text) (disapproved on other grounds in Wilcox v. Birtwhistle, supra, 21 C4th
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19 at 983, 90 CR2d at 267, fn. 12).
20 Failure to timely respond to Requests for Admission results in waiver of all objections to the
21 Requests. See CCP § 2033.280. “In that instance, the court has no discretion but to grant the admission
22 motion, usually with fatal consequences for the defaulting party. One might call it 'two strikes and you're
23 out' as applied to civil procedure.” [Demyer v. Costa Mesa Mobile Home Estates, supra, 36 CA4th at
24 395–396, 42 CR2d at 261 (disapproved on other grounds in Wilcox v. Birtwhistle (1999) 21 C4th 973,
25 983, 90 CR2d 260, 267, fn. 12)]
26 The statute states “the court shall make this order” unless proposed responses “in substantial
27 compliance” with § 2033.220 are filed before the hearing. [CCP § 2033.280(c) (emphasis added).]
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DEFENDANTS' NOTICE OF MOTION AND MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED;
MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS' FEES;
DECLARATION OF ALICIA L. QUEEN and EXHIBIT A DECLARATION OF ALICIA L. QUEEN - 3
1 Furthermore, “[i]t is mandatory that the court impose a monetary sanction under Section 2023 on
2 the party whose failure to serve a timely response to requests for admission necessitated this motion.”
3 [CCP § 2033.280(c)].
4 Here, the defense counsel served Requests for Admission to Plaintiff on July 15, 2021. (See
5 attached Declaration of Alicia L. Queen). However, Plaintiff has failed to provide responses to the
6 Requests for Admission to date. Accordingly, the defense requests that the Court order the truth of the
7 matters specified in the requests be deemed admitted. In addition to this order, the defense requests that
8 the Court order Plaintiff to pay a monetary sanction to the moving party in the sum of at least $500.00
9 for the defense’s reasonable expenses and attorney’s fees incurred in connection with this motion.
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11 STRATMAN, SCHWARTZ & WILLIAMS-
DATED: November 3, 2021
ABREGO
12
13 BY:
14 ALICIA L. QUEEN, ESQ.
Attorney for Defendants,
15 STEPHEN GIBSON, CARLOS FERREIRA, AND
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KURT RHODES
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DEFENDANTS' NOTICE OF MOTION AND MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED;
MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS' FEES;
DECLARATION OF ALICIA L. QUEEN and EXHIBIT A DECLARATION OF ALICIA L. QUEEN - 4
1 DECLARATION OF ALICIA L. QUEEN
2 I, ALICIA L. QUEEN, declare:
3 1. I am an attorney at law, duly licensed to practice in all Courts of the State of California, and
4 am a member of the law offices of STRATMAN, SCHWARTZ & WILLIAMS-ABREGO, attorneys of
5 record for Defendants, Stephen Gibson, Carlos Ferreira, and Kurt Rhodes, in the above-entitled matter.
6 I am an employee of the Claims Litigation Department, Farmers Insurance Exchange and Affiliates, Not
7 a Partnership.
8 2. I am the attorney assigned with the responsibility for the file on this matter, and have
9 thoroughly reviewed its contents and am personally familiar with each of the facts set forth herein. If
10 called as a witness, I could and would competently testify concerning the following matters:
11 3. On July 15, 2021, this office caused to be served on Plaintiff Kamini Singh, the following
12 described Requests for Admission:
13 PROPOUNDED PARTY: Defendants STEPHEN GIBSON, CARLOS FERREIRA and
14 KURT RHODES
15 RESPONDING PARTY: Plaintiff KRISTEN RYAN
16 SET NUMBER: One
17 4. A true and correct copy of said set of Requests for Admission are attached hereto as Exhibit
18 A and are incorporated herein by this reference.
19 5. To date, Plaintiff has not served responses to the propounded Requests for Admission. The
20 time permitted by law for response has expired and has not been extended by agreement of the parties or
21 court order.
22 6. I have been a practicing attorney for 25 years. As I am in-house counsel, I do not charge a
23 fee, but a reasonable fee for attorneys of similar experience would be $250 an hour. I request the court
24 award at least $500.00 for reasonable costs and attorney’s fees in connection with this motion.
25 //
26 //
27 //
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DEFENDANTS' NOTICE OF MOTION AND MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED;
MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS' FEES;
DECLARATION OF ALICIA L. QUEEN and EXHIBIT A DECLARATION OF ALICIA L. QUEEN - 5
1 I declare under penalty of perjury under the laws of the State of California that the foregoing is
2 true and correct. Executed this 3rd day of November, 2021, at Richmond, CA.
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ALICIA L. QUEEN, Declarant
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DEFENDANTS' NOTICE OF MOTION AND MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED;
MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS' FEES;
DECLARATION OF ALICIA L. QUEEN and EXHIBIT A DECLARATION OF ALICIA L. QUEEN - 6
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EXHIBIT A
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EXHIBIT A
1 ALICIA L. QUEEN, ESQ. – State Bar No. 170071
STRATMAN, SCHWARTZ & WILLIAMS-ABREGO
2 P.O. Box 258829
Oklahoma City, OK 73125-8829
3 Phone: (510) 457-3440
Email: alicia.queen@farmersinsurance.com
4
Attorney for Defendants,
5 STEPHEN GIBSON, CARLOS FERREIRA, AND KURT RHODES
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF ALAMEDA
10 KRISTEN RYAN, Case No.: RG19016925
UNLIMITED JURISDICTION
11 Plaintiff,
ASSIGNED TO FOR ALL PURPOSES:
12 vs. THE HONORABLE ROBERT MCGUINESS
DEPT: 22
13 CARLOS FERREIRA; STEVEN GIBSON; KURT
RHODES; AND DOES 1 TO 10, REQUEST FOR ADMISSIONS
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Defendants.
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17 PROPOUNDING PARTY: Defendants, STEPHEN GIBSON, CARLOS FERREIRA, AND
KURT RHODES
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RESPONDING PARTY: KRISTEN RYAN
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SET NUMBER: ONE
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1. Admit that you were riding an e-scooter on a public sidewalk at the time of the incident that
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occurred on January 29, 2019 in Oakland, CA.
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2. Admit that when you were riding an e-scooter on a public sidewalk at the time of the incident
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that occurred on January 29, 2019 in Oakland, CA, you were in violation of Oakland Municipal Code
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§10.17.020.
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3. Admit that defendants STEPHEN GIBSON, CARLOS FERREIRA, AND KURT RHODES are
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not solely liable for your cause of action of Strict Liability – Violation of Dog Bite Statute (Civ. Code §
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REQUEST FOR ADMISSIONS -1
1 3342) in your complaint regarding an incident that occurred on January 29, 2019 in Oakland, CA on a
2 public sidewalk.
3 4. Admit that defendants STEPHEN GIBSON, CARLOS FERREIRA, AND KURT RHODES are
4 not solely liable for your cause of action of General Negligence in your complaint regarding the incident
5 that occurred on January 29, 2019 in Oakland, CA on a public sidewalk.
6 5. Admit that you have not provided verifications to any of the previously propounded discovery to
7 date.
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STRATMAN, SCHWARTZ & WILLIAMS-
9 DATED: July 15, 2021
ABREGO
10
11 BY:
ALICIA L. QUEEN, ESQ.
12 Attorney for Defendants,
STEPHEN GIBSON, CARLOS FERREIRA, AND
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KURT RHODES
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REQUEST FOR ADMISSIONS -2
1 Re: Ryan v. Ferreira, et al.
Case Number: RG19016925
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3 PROOF OF SERVICE
Code of Civil Procedure §§ 1013a, 2015.5
4
I am a resident of the State of California and over the age of eighteen years, and not a party to the
5 within action. My business address is PO Box 258829, Oklahoma City, OK 73125-8829. On July 15,
2021, I served the following document(s):
6
7 REQUEST FOR ADMISSIONS
By placing the document(s) listed above in a sealed envelope, addressed as set forth
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below, with postage fully prepaid, and placing the envelope for collection and mailing
9 by the U.S. Postal Service on the same day following the firm’s ordinary business
practices of which I am readily familiar. I am aware that on motion of the party
10 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.
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By causing a true copy thereof to be personally delivered to the person(s) at the
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address(es) set forth below.
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By electronically serving the document(s) described above via a Court approved File
14 & Serve vendor on those recipients designated on the Transaction Receipt located on
the vendor’s Website.
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By electronically serving the document(s) to the electronic mail address set forth
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below on this date before 11:59:59 p.m. pursuant to and consistent with Code of Civil
17 Procedure §§1010.6(a)(2), (4), (5) and 1010.6(e) from email address
X lali.ochoa@farmersinsurance.com.
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I declare under penalty of perjury under the laws of the State of California that the above is true
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and correct.
21 Executed on July 15, 2021, at Santa Rosa, California.
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LALI OCHOA
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REQUEST FOR ADMISSIONS -3
1 Re: Ryan v. Ferreira, et al.
Case Number: RG19016925
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SERVICE LIST
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Thomas W. J. Purtell
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The Law Office of Thomas W.J. Purtell
534 Pacific Ave., Suite 200
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San Francisco, CA 94133
Attorney for Plaintiff, KRISTEN RYAN
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Phone: (415) 722-6291
Fax:
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tpurtell@thomaswjpurtell-law.com
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REQUEST FOR ADMISSIONS -4
1 Re: Ryan v. Ferreira, et al.
2 Case Number: RG19016925
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PROOF OF SERVICE
4 Code of Civil Procedure §§ 1013a, 2015.5
5 I am a resident of the State of California and over the age of eighteen years, and not a party to the
within action. My business address is 141 Stony Circle, Suite 145, Santa Rosa, CA 95401. On
6 November 5, 2021, I served the following document(s):
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DEFENDANTS' NOTICE OF MOTION AND MOTION TO HAVE
8 REQUESTS FOR ADMISSION DEEMED ADMITTED; MEMORANDUM OF
POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS
9 AND ATTORNEYS' FEES; DECLARATION OF ALICIA L. QUEEN and
EXHIBIT A; DECLARATION OF ALICIA L. QUEEN
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By placing the document(s) listed above in a sealed envelope, addressed as set forth
11 below, with postage fully prepaid, and placing the envelope for collection and mailing
by the U.S. Postal Service on the same day following the firm’s ordinary business
12 practices of which I am readily familiar. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is
13
more than one day after date of deposit for mailing in affidavit.
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By causing a true copy thereof to be personally delivered to the person(s) at the
15 address(es) set forth below.
16 By electronically serving the document(s) described above via a Court approved File
& Serve vendor on those recipients designated on the Transaction Receipt located on
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the vendor’s Website.
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By electronically serving the document(s) to the electronic mail address set forth
19 below on this date before 11:59:59 p.m. pursuant to and consistent with Code of Civil
Procedure §§1010.6(a)(2), (4), (5) and 1010.6(e) from email address
20 X lali.ochoa@farmersinsurance.com.
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22 I declare under penalty of perjury under the laws of the State of California that the above is true
and correct.
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Executed on November 5, 2021, at Santa Rosa, California.
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LALI OCHOA
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DEFENDANTS' NOTICE OF MOTION AND MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED;
MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS' FEES;
DECLARATION OF ALICIA L. QUEEN and EXHIBIT A DECLARATION OF ALICIA L. QUEEN - 7
1 Re: Ryan v. Ferreira, et al.
Case Number: RG19016925
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SERVICE LIST
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Thomas W. J. Purtell
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The Law Office of Thomas W.J. Purtell
534 Pacific Ave., Suite 200
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San Francisco, CA 94133
Attorney for Plaintiff, Kristen Ryan
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Phone: (415) 722-6291
Fax:
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tpurtell@thomaswjpurtell-law.com
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DEFENDANTS' NOTICE OF MOTION AND MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED;
MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS' FEES;
DECLARATION OF ALICIA L. QUEEN and EXHIBIT A DECLARATION OF ALICIA L. QUEEN - 8
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1 ALICIA L. QUEEN, ESQ. – State Bar No. 170071 STRATMAN, SCHWARTZ & WILLIAMS-ABREGO 2 P.O. Box 258829 Oklahoma City, OK 73125-8829 3 Phone: (510) 457-3440 Email: alicia.queen@farmersinsurance.com 4 Attorney for Defendants, 5 STEPHEN GIBSON, CARLOS FERREIRA, AND KURT RHODES 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF ALAMEDA 10 11 KRISTEN RYAN, Case No.: RG19016925 UNLIMITED JURISDICTION 12 Plaintiff, ASSIGNED TO FOR ALL PURPOSES: 13 vs. THE HONORABLE ROBERT MCGUINESS DEPT: 22 14 CARLOS FERREIRA; STEVEN GIBSON; KURT RHODES; AND DOES 1 TO 10, DEFENDANTS' NOTICE OF MOTION AND 15 MOTION TO HAVE REQUESTS FOR Defendants. ADMISSION DEEMED ADMITTED; 16 MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR 17 REASONABLE SANCTIONS AND ATTORNEYS' FEES; DECLARATION OF 18 ALICIA L. QUEEN and EXHIBIT A DECLARATION OF ALICIA L. QUEEN 19 DATE: December 23, 2021 20 TIME: 2:30 PM DEPT: 22 21 RESERVATION NO.: 490264671053 22 23 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 24 PLEASE TAKE NOTICE that on December 23, 2021 at 2:30 pm, or as soon thereafter as the 25 matter may be heard in Department 22 of this court located at 1221 Oak Street, Oakland, CA 94612, 26 Defendants, Stephen Gibson, Carlos Ferreira, and Kurt Rhodes, will move this Court for the following 27 Orders: 28 (1) That the matters specified in defendants’ Requests for Admission, Set One, served on DEFENDANTS' NOTICE OF MOTION AND MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS' FEES; DECLARATION OF ALICIA L. QUEEN and EXHIBIT A DECLARATION OF ALICIA L. QUEEN - 1 1 Plaintiff Kristen Ryan (hereinafter referred to as “plaintiff”), on July 15, 2021 (a true and correct copy of 2 said Requests for Admission is attached to the Declaration of Alicia L. Queen served and filed 3 herewith), to be deemed admitted; and 4 (2) That Plaintiff, Kristen Ryan, pay monetary sanctions to defendants in an amount that the 5 Court deems appropriate, including a sum of at least $500.00 for reasonable expenses and 6 attorney’s fees incurred by defendants in connection with this proceeding, as well as motion 7 filing fees. 8 Defendants’ motion will be made pursuant to California Code of Civil Procedure Section 9 2033.280, et seq. on the ground that plaintiff has willfully refused to comply with her discovery 10 obligations. Further, said Requests for Admission are relevant to the subject matter of this action and do 11 not relate to privileged matters. 12 Said motion will be based on this Notice of Motion, the attached Memorandum of Points and 13 Authorities, Declaration of Alicia L. Queen, the papers and records on file herein, and on such oral and 14 documentary evidence as may be presented at the hearing of the Motion. 15 16 STRATMAN, SCHWARTZ & WILLIAMS- DATED: November 3, 2021 ABREGO 17 18 BY: 19 ALICIA L. QUEEN, ESQ. Attorney for Defendants, 20 STEPHEN GIBSON, CARLOS FERREIRA, AND 21 KURT RHODES 22 23 24 25 26 27 28 DEFENDANTS' NOTICE OF MOTION AND MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS' FEES; DECLARATION OF ALICIA L. QUEEN and EXHIBIT A DECLARATION OF ALICIA L. QUEEN - 2 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 This firm, representing the Defendants, sent five (5) Requests for Admission to Plaintiff, which 3 directly addressed claims being made by Plaintiff in her Complaint. These were served on July 15, 4 2021, and to date, no responses have been received, although more than the statutory time has elapsed 5 for the Plaintiff to respond under the statutory scheme. CCP section 1013, 1013a. The Defendants 6 accordingly make this motion to have the matters deemed admitted. 7 DISCUSSION 8 Responses under oath and in the proper format are due within 30 days from the date that 9 Requests for Admission are served on a party. See California Code of Civil Procedure §§ 2033.250, 10 2019. Failure to timely respond to Requests for Admission empowers the requesting party to move for a 11 court order that the truth of any matters specified in the Requests be deemed admitted, as well as for a 12 monetary sanction. [CCP § 2033.280(b)] 13 "The law governing the consequences for failing to respond to requests for admission may be the 14 most unforgiving in civil procedure. There is no relief under [C.C.P.] section 473." Since this motion 15 deals with a failure to respond, rather than inadequate responses, no attempt need be shown to resolve 16 the matter informally (See Demyer v. Costa Mesa Mobile Home Estates (1995) 36 CA4th 393, 395, 42 17 CR2d 260, 261, fn. 4 (citing text) (disapproved on other grounds in Wilcox v. Birtwhistle, supra, 21 C4th 18 19 at 983, 90 CR2d at 267, fn. 12). 20 Failure to timely respond to Requests for Admission results in waiver of all objections to the 21 Requests. See CCP § 2033.280. “In that instance, the court has no discretion but to grant the admission 22 motion, usually with fatal consequences for the defaulting party. One might call it 'two strikes and you're 23 out' as applied to civil procedure.” [Demyer v. Costa Mesa Mobile Home Estates, supra, 36 CA4th at 24 395–396, 42 CR2d at 261 (disapproved on other grounds in Wilcox v. Birtwhistle (1999) 21 C4th 973, 25 983, 90 CR2d 260, 267, fn. 12)] 26 The statute states “the court shall make this order” unless proposed responses “in substantial 27 compliance” with § 2033.220 are filed before the hearing. [CCP § 2033.280(c) (emphasis added).] 28 DEFENDANTS' NOTICE OF MOTION AND MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS' FEES; DECLARATION OF ALICIA L. QUEEN and EXHIBIT A DECLARATION OF ALICIA L. QUEEN - 3 1 Furthermore, “[i]t is mandatory that the court impose a monetary sanction under Section 2023 on 2 the party whose failure to serve a timely response to requests for admission necessitated this motion.” 3 [CCP § 2033.280(c)]. 4 Here, the defense counsel served Requests for Admission to Plaintiff on July 15, 2021. (See 5 attached Declaration of Alicia L. Queen). However, Plaintiff has failed to provide responses to the 6 Requests for Admission to date. Accordingly, the defense requests that the Court order the truth of the 7 matters specified in the requests be deemed admitted. In addition to this order, the defense requests that 8 the Court order Plaintiff to pay a monetary sanction to the moving party in the sum of at least $500.00 9 for the defense’s reasonable expenses and attorney’s fees incurred in connection with this motion. 10 11 STRATMAN, SCHWARTZ & WILLIAMS- DATED: November 3, 2021 ABREGO 12 13 BY: 14 ALICIA L. QUEEN, ESQ. Attorney for Defendants, 15 STEPHEN GIBSON, CARLOS FERREIRA, AND 16 KURT RHODES 17 18 19 20 21 22 23 24 25 26 27 28 DEFENDANTS' NOTICE OF MOTION AND MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS' FEES; DECLARATION OF ALICIA L. QUEEN and EXHIBIT A DECLARATION OF ALICIA L. QUEEN - 4 1 DECLARATION OF ALICIA L. QUEEN 2 I, ALICIA L. QUEEN, declare: 3 1. I am an attorney at law, duly licensed to practice in all Courts of the State of California, and 4 am a member of the law offices of STRATMAN, SCHWARTZ & WILLIAMS-ABREGO, attorneys of 5 record for Defendants, Stephen Gibson, Carlos Ferreira, and Kurt Rhodes, in the above-entitled matter. 6 I am an employee of the Claims Litigation Department, Farmers Insurance Exchange and Affiliates, Not 7 a Partnership. 8 2. I am the attorney assigned with the responsibility for the file on this matter, and have 9 thoroughly reviewed its contents and am personally familiar with each of the facts set forth herein. If 10 called as a witness, I could and would competently testify concerning the following matters: 11 3. On July 15, 2021, this office caused to be served on Plaintiff Kamini Singh, the following 12 described Requests for Admission: 13 PROPOUNDED PARTY: Defendants STEPHEN GIBSON, CARLOS FERREIRA and 14 KURT RHODES 15 RESPONDING PARTY: Plaintiff KRISTEN RYAN 16 SET NUMBER: One 17 4. A true and correct copy of said set of Requests for Admission are attached hereto as Exhibit 18 A and are incorporated herein by this reference. 19 5. To date, Plaintiff has not served responses to the propounded Requests for Admission. The 20 time permitted by law for response has expired and has not been extended by agreement of the parties or 21 court order. 22 6. I have been a practicing attorney for 25 years. As I am in-house counsel, I do not charge a 23 fee, but a reasonable fee for attorneys of similar experience would be $250 an hour. I request the court 24 award at least $500.00 for reasonable costs and attorney’s fees in connection with this motion. 25 // 26 // 27 // 28 // DEFENDANTS' NOTICE OF MOTION AND MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS' FEES; DECLARATION OF ALICIA L. QUEEN and EXHIBIT A DECLARATION OF ALICIA L. QUEEN - 5 1 I declare under penalty of perjury under the laws of the State of California that the foregoing is 2 true and correct. Executed this 3rd day of November, 2021, at Richmond, CA. 3 4 5 6 ALICIA L. QUEEN, Declarant 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFENDANTS' NOTICE OF MOTION AND MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS' FEES; DECLARATION OF ALICIA L. QUEEN and EXHIBIT A DECLARATION OF ALICIA L. QUEEN - 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 EXHIBIT A 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A 1 ALICIA L. QUEEN, ESQ. – State Bar No. 170071 STRATMAN, SCHWARTZ & WILLIAMS-ABREGO 2 P.O. Box 258829 Oklahoma City, OK 73125-8829 3 Phone: (510) 457-3440 Email: alicia.queen@farmersinsurance.com 4 Attorney for Defendants, 5 STEPHEN GIBSON, CARLOS FERREIRA, AND KURT RHODES 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF ALAMEDA 10 KRISTEN RYAN, Case No.: RG19016925 UNLIMITED JURISDICTION 11 Plaintiff, ASSIGNED TO FOR ALL PURPOSES: 12 vs. THE HONORABLE ROBERT MCGUINESS DEPT: 22 13 CARLOS FERREIRA; STEVEN GIBSON; KURT RHODES; AND DOES 1 TO 10, REQUEST FOR ADMISSIONS 14 Defendants. 15 16 17 PROPOUNDING PARTY: Defendants, STEPHEN GIBSON, CARLOS FERREIRA, AND KURT RHODES 18 RESPONDING PARTY: KRISTEN RYAN 19 SET NUMBER: ONE 20 1. Admit that you were riding an e-scooter on a public sidewalk at the time of the incident that 21 occurred on January 29, 2019 in Oakland, CA. 22 2. Admit that when you were riding an e-scooter on a public sidewalk at the time of the incident 23 that occurred on January 29, 2019 in Oakland, CA, you were in violation of Oakland Municipal Code 24 §10.17.020. 25 3. Admit that defendants STEPHEN GIBSON, CARLOS FERREIRA, AND KURT RHODES are 26 not solely liable for your cause of action of Strict Liability – Violation of Dog Bite Statute (Civ. Code § 27 28 REQUEST FOR ADMISSIONS -1 1 3342) in your complaint regarding an incident that occurred on January 29, 2019 in Oakland, CA on a 2 public sidewalk. 3 4. Admit that defendants STEPHEN GIBSON, CARLOS FERREIRA, AND KURT RHODES are 4 not solely liable for your cause of action of General Negligence in your complaint regarding the incident 5 that occurred on January 29, 2019 in Oakland, CA on a public sidewalk. 6 5. Admit that you have not provided verifications to any of the previously propounded discovery to 7 date. 8 STRATMAN, SCHWARTZ & WILLIAMS- 9 DATED: July 15, 2021 ABREGO 10 11 BY: ALICIA L. QUEEN, ESQ. 12 Attorney for Defendants, STEPHEN GIBSON, CARLOS FERREIRA, AND 13 KURT RHODES 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSIONS -2 1 Re: Ryan v. Ferreira, et al. Case Number: RG19016925 2 3 PROOF OF SERVICE Code of Civil Procedure §§ 1013a, 2015.5 4 I am a resident of the State of California and over the age of eighteen years, and not a party to the 5 within action. My business address is PO Box 258829, Oklahoma City, OK 73125-8829. On July 15, 2021, I served the following document(s): 6 7 REQUEST FOR ADMISSIONS By placing the document(s) listed above in a sealed envelope, addressed as set forth 8 below, with postage fully prepaid, and placing the envelope for collection and mailing 9 by the U.S. Postal Service on the same day following the firm’s ordinary business practices of which I am readily familiar. I am aware that on motion of the party 10 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. 11 By causing a true copy thereof to be personally delivered to the person(s) at the 12 address(es) set forth below. 13 By electronically serving the document(s) described above via a Court approved File 14 & Serve vendor on those recipients designated on the Transaction Receipt located on the vendor’s Website. 15 By electronically serving the document(s) to the electronic mail address set forth 16 below on this date before 11:59:59 p.m. pursuant to and consistent with Code of Civil 17 Procedure §§1010.6(a)(2), (4), (5) and 1010.6(e) from email address X lali.ochoa@farmersinsurance.com. 18 19 I declare under penalty of perjury under the laws of the State of California that the above is true 20 and correct. 21 Executed on July 15, 2021, at Santa Rosa, California. 22 23 LALI OCHOA 24 25 26 27 28 REQUEST FOR ADMISSIONS -3 1 Re: Ryan v. Ferreira, et al. Case Number: RG19016925 2 SERVICE LIST 3 Thomas W. J. Purtell 4 The Law Office of Thomas W.J. Purtell 534 Pacific Ave., Suite 200 5 San Francisco, CA 94133 Attorney for Plaintiff, KRISTEN RYAN 6 Phone: (415) 722-6291 Fax: 7 tpurtell@thomaswjpurtell-law.com 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR ADMISSIONS -4 1 Re: Ryan v. Ferreira, et al. 2 Case Number: RG19016925 3 PROOF OF SERVICE 4 Code of Civil Procedure §§ 1013a, 2015.5 5 I am a resident of the State of California and over the age of eighteen years, and not a party to the within action. My business address is 141 Stony Circle, Suite 145, Santa Rosa, CA 95401. On 6 November 5, 2021, I served the following document(s): 7 DEFENDANTS' NOTICE OF MOTION AND MOTION TO HAVE 8 REQUESTS FOR ADMISSION DEEMED ADMITTED; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS 9 AND ATTORNEYS' FEES; DECLARATION OF ALICIA L. QUEEN and EXHIBIT A; DECLARATION OF ALICIA L. QUEEN 10 By placing the document(s) listed above in a sealed envelope, addressed as set forth 11 below, with postage fully prepaid, and placing the envelope for collection and mailing by the U.S. Postal Service on the same day following the firm’s ordinary business 12 practices of which I am readily familiar. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is 13 more than one day after date of deposit for mailing in affidavit. 14 By causing a true copy thereof to be personally delivered to the person(s) at the 15 address(es) set forth below. 16 By electronically serving the document(s) described above via a Court approved File & Serve vendor on those recipients designated on the Transaction Receipt located on 17 the vendor’s Website. 18 By electronically serving the document(s) to the electronic mail address set forth 19 below on this date before 11:59:59 p.m. pursuant to and consistent with Code of Civil Procedure §§1010.6(a)(2), (4), (5) and 1010.6(e) from email address 20 X lali.ochoa@farmersinsurance.com. 21 22 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 23 Executed on November 5, 2021, at Santa Rosa, California. 24 25 26 LALI OCHOA 27 28 DEFENDANTS' NOTICE OF MOTION AND MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS' FEES; DECLARATION OF ALICIA L. QUEEN and EXHIBIT A DECLARATION OF ALICIA L. QUEEN - 7 1 Re: Ryan v. Ferreira, et al. Case Number: RG19016925 2 SERVICE LIST 3 Thomas W. J. Purtell 4 The Law Office of Thomas W.J. Purtell 534 Pacific Ave., Suite 200 5 San Francisco, CA 94133 Attorney for Plaintiff, Kristen Ryan 6 Phone: (415) 722-6291 Fax: 7 tpurtell@thomaswjpurtell-law.com 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFENDANTS' NOTICE OF MOTION AND MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED; MEMORANDUM OF POINTS AND AUTHORITIES; REQUEST FOR REASONABLE SANCTIONS AND ATTORNEYS' FEES; DECLARATION OF ALICIA L. QUEEN and EXHIBIT A DECLARATION OF ALICIA L. QUEEN - 8