ASKING PARTY: Plaintiff

ANSWERING PARTIES: Defendants

SET NUMBER: One

INSTRUCTIONS TO THE ANSWERING PARTY:

A. These are general instructions. For time limitations, requirements for service on other parties, and other details, see Code of Civil Procedure section 2030 and the cases construing it.

B. These interrogatories do not change existing law relating to interrogatories nor do they affect an answering party's right to assert any privilege or objection.

C. In Superior Court actions, an answer or other appropriate response must be given to each interrogatory set forth below.

D. As a general rule, within 30 days after you are served with these interrogatories, you must serve your responses on the asking party and serve copies of your responses on all other parties to the action who have appeared. See Code of Civil Procedure section 2030 for details.

E. Each answer must be as complete and straightforward as the information reasonably available to you permits. If an interrogatory cannot be answered completely, answer it to the extent possible.

F. If you do not have enough personal knowledge to fully answer an interrogatory, say so, but make a reasonable and good faith effort to get the information by asking other persons or organizations, unless the information is equally available to the asking party.

G. Whenever an interrogatory may be answered by referring to a document, the document may be attached as an exhibit to the response and referred to in the response. If the document has more than one page, refer to the page and section where the answer to the interrogatory can be found.

H. Whenever an address and telephone number for the same person are requested in more than one interrogatory, you are required to furnish them in answering only the first interrogatory asking for that information.

I. Your answers to these interrogatories must be verified, dated, and signed. You may wish to use the following form at the end of your answers:

"I declare under penalty of perjury under the laws of the State of California that the foregoing answers are true and correct.

"

DATE SIGNATURE

 

DEFINITIONS

Words in BOLDFACE CAPITALS in these interrogatories are defined as follows:

A. INCIDENT includes the circumstances and events surrounding the alleged accident, injury, or other occurrence or breach of contract giving rise to this action or proceeding.

B. YOU OR ANYONE ACTING ON YOUR BEHALF includes you, your agents, your employees, your insurance companies, their agents, their employees, your attorneys, your accountants, your investigators, and anyone else acting on your behalf.

C. PERSON includes a natural person, firm, association, organization, partnership, business, trust, corporation, or public entity.

D. DOCUMENT means a writing, as defined in Evidence Code section 250, and includes the original or a copy of handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them.

E. ADDRESS means the street address, including the city, state and zip code.

F. PROCEDURES means written or unwritten policies, procedures or practices.

G. CORPORATE DEFENDANT means defendant .....................................

H. INDIVIDUAL DEFENDANTS means defendants ..........................................

I. TERMINATION means the separation of plaintiff from employment with any defendant on or about ________ ,________, whether by discharge, voluntary or involuntary resignation, layoff, or any other means.

FORM INTERROGATORIES APPROVED BY THE JUDICIAL COUNCIL OF CALIFORNIA PURSUANT TO SECTION 2030 AND 2033.5 OF THE CODE OF CIVIL PROCEDURE

1.0 Identity of Persons Answering These Interrogatories

Form Interrogatory 1.1 State the name, ADDRESS, telephone number, and 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

Form Interrogatory 2.1 State:

(a) your name;

(b) every name you have used in the past;

(c) the dates you used each name.

Form Interrogatory 2.2 State the date and place of your birth.

Form Interrogatory 2.3 At the time of the INCIDENT, did you have a driver's license? If so, state:

(a) the state or other issuing entity;

(b) the license number and type;

(c) the date of issuance;

(d) all restrictions.

Form Interrogatory 2.4 At the time of the INCIDENT, did you have any other permit or license for the operation of a motor vehicle? If so, state:

(a) the state or other issuing entity;

(b) the license number and type;

(c) the date of issuance;

(d) all restrictions.

Form Interrogatory 2.5 State:

(a) your present residence ADDRESS;

(b) your residence ADDRESSES for the last five years;

(c) the dates you lived at each ADDRESS.

Form Interrogatory 2.6 State:

(a) the name, ADDRESS, and telephone number of your present employer or place of self-employment;

(b) the name, ADDRESS, dates of employment, job title, and nature of work for each employer or self-employment you have had from five years before the INCIDENT until today.

Form Interrogatory 2.7 State:

(a) the name and ADDRESS of each school or other academic or vocational institution you have attended beginning with high school;

(b) the dates you attended;

(c) the highest grade level you have completed;

(d) the degrees received.

Form Interrogatory 2.8 Have you ever been convicted of a felony? If so, for each conviction state:

(a) the city and state where you were convicted;

(b) the date of conviction;

(c) the offense;

(d) the court and case number.

Form Interrogatory 2.9 Can you speak English with ease? If not, what language and dialect do you normally use?

Form Interrogatory 2.10 Can you read and write English with ease? If not, what language and dialect do you normally use?

Form Interrogatory 2.11 At the time of the INCIDENT were you acting as an agent or employee for any PERSON? If so, state:

(a) the name, ADDRESS, and telephone number of that PERSON;

(b) a description of your duties.

Form Interrogatory 2.12 At the time of the INCIDENT, did you or any other person have any physical, emotional or mental disability or condition that may have contributed to the occurrence of the INCIDENT? If so, for each person state:

(a) the name, ADDRESS, and telephone number;

(b) the nature of the disability or condition;

(c) the manner in which the disability or condition contributed to the occurrence of the INCIDENT.

Form Interrogatory 2.13 Within 24 hours before the INCIDENT did you or any person involved in the INCIDENT use or take any of the following substances: alcoholic beverage, marijuana, or other drug or medication of any kind (prescription or not)? If so, for each person state:

(a) the name, ADDRESS, and telephone number;

(b) the nature or description of each substance;

(c) the quantity of each substance used or taken;

(d) the date and time of day when each substance was used or taken;

(e) the ADDRESS where each substance was used or taken;

(f) the name, ADDRESS, and telephone number of each person who was present when each substance was used or taken;

(g) the name, ADDRESS, and telephone number of any HEALTH CARE PROVIDER that prescribed or furnished the substance and the condition for which it was prescribed or furnished.

3.0 General Background Information - Business Entity

Form Interrogatory 3.1 Are you a corporation? If so, state:

(a) the name stated in the current articles of incorporation;

(b) all other names used by the corporation during the past ten years and the dates each was used;

(c) the date and place of incorporation;

(d) the ADDRESS of the principal place of business;

(e) whether you are qualified to do business in California.

Form Interrogatory 3.2 Are you a partnership? If so, state:

(a) the current partnership name;

(b) all other names used by the partnership during the past ten years and the dates each was used;

(c) whether you are a limited partnership and, if so, under the laws of what jurisdiction;

(d) the name and ADDRESS of each general partner;

(e) the ADDRESS of the principal place of business.

Form Interrogatory 3.3 Are you a joint venture? If so, state:

(a) the current joint venture name;

(b) all other names used by the joint venture during the past ten years and the dates each was used;

(c) the name and ADDRESS of each joint venturer;

(d) the ADDRESS of the principal place of business.

Form Interrogatory 3.4 Are you an unincorporated association? If so, state:

(a) the current unincorporated association name;

(b) all other names used by the unincorporated association during the past ten years and the dates each was used;

(c) the ADDRESS of the principal place of business.

Form Interrogatory 3.5 Have you done business under a fictitious name during the past ten years? If so, for each fictitious name state:

(a) the name;

(b) the dates each was used;

(c) the state and county of each fictitious name filing;

(d) the ADDRESS of the principal place of business.

Form Interrogatory 3.6 Within the past five years has any public entity registered or licensed your businesses? If so, for each license or registration:

(a) identify the license or registration;

(b) state the name of the public entity;

(c) state the dates of issuance and expiration.

4.0 Insurance

Form Interrogatory 4.1 At the time of the INCIDENT, was there in effect any policy of insurance through which you were or might be insured in any manner (for example, primary, pro- rata, or excess liability coverage or medical expense coverage) for the damages, claims, or actions that have arisen out of the INCIDENT? If so, for each policy state:

(a) the kind of coverage;

(b) the name and ADDRESS of the insurance company;

(c) the name, ADDRESS, and telephone number of each name insured;

(d) the policy number;

(e) the limits of coverage for each type of coverage contained in the policy;

(f) whether any reservation of rights or controversy or coverage dispute exists between you and the insurance company;

(g) the name, ADDRESS, and telephone number of the custodian of the policy.

Form Interrogatory 4.2 Are you self-insured under any statute for the damages, claims, or actions that have arisen out of the INCIDENT? If, so, specify the statute.

12.0 Investigation - General

Form Interrogatory 12.2 Have YOU OR ANYONE ACTING ON YOUR BEHALF interviewed any individual concerning the INCIDENT? If so, for each individual state:

(a) the name, ADDRESS, and telephone number of the individual interviewed;

(b) the date of the interview;

(c) the name, ADDRESS, and telephone number of the PERSON who conducted the interview.

Form Interrogatory 12.3 Have YOU OR ANYONE ACTING ON YOUR BEHALF obtained a written or recorded statement from any individual concerning the INCIDENT? If so, for each statement state:

(a) the name, ADDRESS, and telephone number of the individual from whom the statement was obtained;

(b) the name, ADDRESS, and telephone number of the individual who obtained the statement;

(c) the date the statement was obtained;

(d) the name, ADDRESS, and telephone number of each PERSON who has the original statement or a copy.

13.0 Investigation - Surveillance

Form Interrogatory 13.1 Have YOU OR ANYONE ACTING ON YOUR BEHALF conducted surveillance of any individual involved in the INCIDENT or any party to this action? If so, for each surveillance state:

(a) the name, ADDRESS, and telephone number of the individual or party;

(b) the time, date and place of the surveillance;

(c) the name, ADDRESS, and telephone number of the individual who conducted the surveillance.

Form Interrogatory 13.2 Has a written report been prepared on the surveillance? If so, for each written report state:

(a) the title;

(b) the date;

(c) the name, ADDRESS, and telephone number of the individual who prepared the report;

(d) the name, ADDRESS, and telephone number of each PERSON who has the original or a copy.

INTERROGATORIES SPECIALLY PREPARED BY THE ASKING PARTY

Special Interrogatory 1 Name the natural person who has the best knowledge of the employment termination PROCEDURES of the CORPORATE DEFENDANT in effect at around the time of plaintiff's TERMINATION.

Special Interrogatory 2 State the name of each natural person who directly supervised plaintiff at any time during plaintiff's employment with the CORPORATE DEFENDANT.

Special Interrogatory 3 Describe in detail every positive comment communicated to plaintiff concerning plaintiff's work for the CORPORATE DEFENDANT.

Special Interrogatory 4 Describe in detail every negative comment communicated to plaintiff concerning plaintiff's work for the CORPORATE DEFENDANT.

Special Interrogatory 5 Describe in detail every performance review which plaintiff received while employed by any defendant, regardless of whether the performance review was reduced to writing.

Special Interrogatory 6 Describe in detail every determination which any defendant made about plaintiff's job performance, regardless of whether the determination was communicated to anyone, irrespective of whether the determination was a formal one.

Special Interrogatory 7 Describe in detail every discussion, prior to the plaintiff's TERMINATION, which any employee of the CORPORATE DEFENDANT had with plaintiff concerning any dissatisfaction with the performance of plaintiff's duties as an employee of the CORPORATE DEFENDANT.

Special Interrogatory 8 State the name of every natural person who has knowledge of any deficiencies in plaintiff's job performance while employed by the CORPORATE DEFENDANT.

Special Interrogatory 9 State every reason for plaintiff's TERMINATION in complete detail.

Special Interrogatory 10 For each reason given in response to Special Interrogatory 9, state in complete detail all facts upon which you base your contention that the reason was an actual reason for plaintiff's TERMINATION.

Special Interrogatory 11 State the name of each natural person who made the final decision to terminate plaintiff's employment.

Special Interrogatory 12 State the name of each natural person who participated in making the decision to terminate plaintiff's employment.

Special Interrogatory 13 State the name of each natural person who provided any information which was considered in reaching the decision to terminate plaintiff's employment.

Special Interrogatory 14 Identify every DOCUMENT which was considered in making the decision to terminate plaintiff.

Special Interrogatory 15 Describe in detail every communication of any alleged reason for plaintiff's TERMINATION by any employee of the CORPORATE DEFENDANT to any PERSON not then employed by the CORPORATE DEFENDANT.

Special Interrogatory 16 If you contend that good cause existed for plaintiff's TERMINATION, state in complete detail every fact which supports that contention.

Special Interrogatory 17 State the name of every natural person who has knowledge of any fact stated in response to Special Interrogatory 16.

Special Interrogatory 18 Describe in detail every position of employment offered to plaintiff by any defendant from six months before plaintiff's termination through the present.

Special Interrogatory 19 State the name of the natural person who first replaced plaintiff in plaintiff's last job position with the CORPORATE DEFENDANT after plaintiff's TERMINATION.

Special Interrogatory 20 State the name of every natural person who, after plaintiff's TERMINATION, has performed any duties previously performed by plaintiff in plaintiff's last job position with the CORPORATE DEFENDANT.

Dated: LAWLESS & HOROWITZ

by _________________________

Phil Horowitz

Attorneys for Plaintiff