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    2/20/18

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    Mann v CAA (Mitchell Motion to Stay)

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    2/20/18

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    Mann V CAA (Mitchell Motion To Stay)

    Uploaded by

    THROnline
    2/20/18

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    © All Rights Reserved
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    Cea anaun 10 12 B 4 15 16 7 18 19 20 2 24 25 26 27 28 LOYST P. FLETCHER, ESQ., SBN 175539 LAW OFFICES OF LOYST P. FLETCHER 555 West 5" Street, 35" Floor Los California 90013 Phone: (424) 231-2864 Fe 402-7663 Ipfletcherlaw. orn for Defondant(Croes- Complainant IN 8, MITCHELL ee FEB 20 2018 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES DEMI MANN, Plaintiff, v. CREATIVE ARTISTS AGENCY, LLC, a Delaware Limited Liability Company; CAMERON S. MITCHELL, an Individual; and DOES 1 TO 25, Inclusive, Defendants, CAMERON S. MITCHELL, an individual, Cross-Complainant, v. CREATIVE ARTISTS AGENCY, LLC, a Delaware Limited Liability Company, and ROES 1 to 25, inclusive, Cross-Defendants. CASE NO.: BC 684054 NOTICE OF MOTION AND MOTION TO STAY PROCEEDINGS; MEMORANDUM OF POINTS AND AUTHORITIES AND PROPOSED ORDER THEREON DATE: April 2, 2018 Date Action Filed: November 16, 2017 RESERVATION ID: 180216290788 By Fax wa wn Scwmra iT 12 13 14 15 16 17 18 19 20 21 2 23 24 25 26 27 28 PLEASE TAKE NOTICE that on April 2, 2018 at 8:30 a.m. or as soon after as the matter may be heard, in Department 92 of the above-referenced Court, Cameron S. Mitchell, defendant/cross-complainant, will move this Court for an order staying the above-captioned action and all related actions including, but not limited to any arbitration related thereto, on the grounds that to proceed would violate his rights against self incrimination and due process of law under the California and United States Constitutions as well as applicable statutes and case law. This Motion will be based upon California Evidence Code §940, this Notice, the accompanying Memorandum of Points and Authorities, the Declaration of Loyst P. Fletcher with attached exhibits and the Declaration of Austin Dove, the complete files and records on file with the Court, and such further oral and/or documentary evidence as may be presented at the time of the hearing on the Motion. DATED: February 20, 2018 LAW OFFICES OF, Pifnwe™ By: letcher, Esq. for Defendant/Cross-Complainant CAMIRON S. MITCHELL MOTION TO STAY PROCEEDINGS 2 Cm xr Awe oD 10 iu 12 13 14 1S 16 17 18 19 20 21 22 23 4 2 26 21 28 MEMORANDUM OF POINTS AND AUTHORITIES L INTRODUCTION AND STATEMENT OF RELEVANT FACTS This lawsuit arises out of a series of interactions between defendant/cross-complainant Cameron S. Mitchell (“defendant Mitchell”), and plaintiff Demi Mann (“Plaintiff”). Plaintiff generally alleges that she was the victim of assault, battery, sexual assault, and gender violence [perpetrated by defendant Mitchell. Additionally, Plaintiff contends that this moving party purportedly was “trained, employed, supervised, sponsored, and directed by” defendant Creative [Arts Agency, LLC (“defendant CAA”), and was doing CAA’s bidding and acting in the course and ‘scope of his employment with the company when he engaged in the conduct alleged. Defendant Mitchel! adamantly denies these outrageous and manufactured claims. The evidence will reveal that just two days after Mitchell notified Plaintiff that CAA denied her formal representation, she lodged a complaint with the company’s human resources department and subsequently filed the present suit. Five (5) causes of action alleged in Plaintiff's Complaint pertain to defendant Mitchell: Assault, Battery, Sexual Battery, Sexual Harassment and Gender Violence. A review of the Complaint in this civil lawsuit supporting violations of various California Civil Code and corresponding Penal Code sections, as well as the declaration of defendant Mitchell's criminal defense attorney Austin Dove attached and filed herewith, reveals that the allegations contained in Plaintiff's Complaint subject defendant Mitchell to serious criminal exposure, Plaintiff s Complaint contains language alleging civil wrong doing which is identical to that which would be alleged in a criminal complaint. Therein, Plaintiff alleges that defendant Mitchell "(Complaint P. 7, Ln 28); “...foree[d] inappropriate sexual conduct upon Plaintiff against her will. “... forcibly accosted Plaintiff, grabbed the back of her head, and pushed her face into his genitals forcing her to engage in unlawful oral copulation...” (Id., P. 11, Lns.1-2);“... controlled her firmly by the head, removed his penis from his pants, and shoved her face to his genitals demanding forced and unlawful oral sex...” (Id., P.11, Lns. 27-28); and “... caused Plaintiff, unbeknownst to her to be subjected to the ingestion of a drug or other foreign substance sufficient to render her MOTION TO STAY PROCEEDINGS = ee aan een 10 1 12 13 14 15 16 17 18 19 20 21 22 23 4 25 26 ae 28 defenseless. (/d., P.12, Lns.10-11), These portions of the complaint, if true, would violate Cal. Penal Code sections 240, 242, 243.4, 261, 262 and Health and Safety Code sections 11350, 11350.5, 11377 and 1137.5. Furthermore, Plaintiffhas made additional allegations of criminal actsin her recently served discovery requests. On or about January 22, 2018, Plaintiff served defendant Mitchell with Form Interrogatories and Requests for Admissions (See Declaration of Loyst P. Fletcher, filed and served concurrently herewith, 3; Exhibit “A”). The subject discovery focuses largely on defendant Mitchell's responsibilities while employed with the CAA, ' and requests that he admit to engaging in various criminal acts alleged in the Complaint. Additionally, Plaintiff's Request for Admissions No. 40 requests that defendant Mitchell admit that he “... gained access to PLAINTIFF’s apartment without PLAINTIFF’s consent.” This allegation, if true, would also be a violation of Cal. Penal Code section 459. Filed herewith is the declaration of defendant Mitchell’s criminal defense attorney Austin Dove, wherein Mr. Dove maintains he would advise his client to invoke the Fifth Amendment privilege against self incrimination in response to questions concerning the allegations of criminal conduct in this case. (Declaration of Austin Dove, $f] 4-5). As argued herein below, based on the commonality of the allegations, and Plaintiff's recently served discovery on defendant Mitchell, it is respectfully requested that the Court grant the within motion and enter a stay on all discovery as it pertains to defendant Mitchell in this case until the threat of criminal prosecution is resolved. I DEFENDANT MITCHELL HAS A CONSTITUTIONAL RIGHT UNDER THE STATE AND THE FEDERAL CONSTITUTIONS TO INVOKE HIS PRIVILEGE AGAINST SELF-INCRIMINATION AS TO ALL DISCOVERY IN THE WITHIN ACTION Both the California and the United States Constitutions include a provision that no person may be compelled in any criminal case to be a witness against himself. United States Constitution, Fifth Amendment, California Constitution, Article I, § 15. For example, in P 1, Reauest for Admision No 3 (Exhibit A 1 Fletcher iff req chell to admits as follows: “.. admit that ‘when YOU met PLAINTIFF, you were an employed as a talent agent of CAA.” MOTION TO STAY PROCEEDINGS 4 Sce rasa u eon i 2 13 4 15 16 7 18 19 20 21 23 24 25 26 27 28 ‘The Fifth Amendment privilege against self-incrimination is also codified in California Evidence Code §940, which excludes from discovery information which may tend to incriminate a party, which provides as follows: “To the extent that such privilege exists under the Constitution of the United States or the State of California, a person has a privilege to refuse to disclose any matter that may tend to incriminate him.” ‘The privilege against self-incrimination has been given broad application; itcan be asserted “in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory....” Kastigar v. United States (1972) 406 U.S. 441, 444 [92 S.Ct. 1653, 1656, 32 L.Ed.2d 212]. The privilege can be asserted also by civil defendants who face possible criminal prosecution based on the same facts as the civil action. Pacers, Inc. v. Superior Court (1984) 162 Cal. App.3d 686. Privileged matters thus lie beyond the reach of discovery and trial courts may not compel individuals to make responses that they reasonably believe could tend to incriminate them or subject them to criminal prosecution. Fisher v. Gibson (2001) 90 Cal. App. 4th 275, 285. Courts recognize the dilemma faced by a defendant who must choose between defending a civil litigation matter by providing testimony that may be incriminating on the one hand, and losing the case by asserting the Constitutional right and remaining silent, on the other hand, Fullen v, Superior Court (2001)87 Cal. App. 4th 299, 306. “Where...a defendant's silence is constitutionally guaranteed, the court should weigh the parties competing interests with a view towards accommodating the interests of both parties, if possible. Pacers, Inc. v. Superior Court, supra, 162 Cal. App.3d at 690. The application and protection of the Fifth Amendment to the United States Constitution isnot defined by the nature of the proceedings in which itis asserted. Rather, the Fifth Amendment applies to all proceedings, including civil, injunctive, administrative, and criminal, Pacers, Inc. v. [Superior Court, supra, 162 Cal. App. 3d at 688. The Fifth Amendment protects the person and prevents the taking or obtaining of material “from the person who is subject to the subpoena.” Id. at 688-689. ‘Thus, compelling a person to produce information or material which entails self-incrimination “amounts to a violation of the Fifth Amendment.” Maness v. Meyers (1975) 95 S. Ct. 584, In the case at bar, Plaintiff has accused defendant Mitchell of criminal conduct both in her MOTION TO STAY PROCEEDINGS 5 Cea AH eon 10 ul 12 13 14 15 16 7 18 19 20 21 2 23 24 25 26 27 28 complaint and via her most recently served discovery requests, including but not limited to, burglary, assault, battery, sexual assault, and drugging her with the intent to commit sexual assault, all serious felony charges that carry significant penalties. The discovery being sought by Plaintiff’ in the within civil action pertains to the same matters and allegations, On this basis, defendant Mitchell’s right to assert his privilege against self-incrimination in this civil lawsuit cannot be disputed. He therefore has the right to assert his Fifth Amendment privilege against self-incrimination and refuse to disclose matters which may tend to incriminate him. As explained below, an order staying discovery as it pertains to defendant Mitchell is appropriate. ML DEFENDANT MITCHELL CANNOT BE PENALIZED FOR ASSERTING HIS RIGHT AGAINST SELF-INCRIMINATION IN THIS CIVIL LAWSUIT ‘A party's right to assert the Fifth Amendment prevents the court and/or other parties from taking advantage of the assertion, from using the assertion to obtain a tactical advantage, and prevents the party asserting the Fifth Amendment from being penalized in a civil lawsuit. Maness v. Meyers (1975) 95 S. Ct. 584. As noted by the court in Pacers, Inc., supra, a “penalty” is not restricted to a fine or imprisonment. It means “...the imposition of any sanction which makes assertion of the Fifth Amendment privilege ‘costly’.” Pacers, Inc. supra, 162 Cal.App.3d at 689. In Pacers, Inc., the California Court of Appeal held that a defendant's Fifth Amendment rights are violated if he is forced to choose between defending his interests in a civil action at the expense of defending his interests in a potential criminal proceeding. Id. at 690-691. Compelling defendant Mitchell in this civil matter to proceed with discovery on the same factual allegations that could form the basis for serious criminal charges would certainly penalize him, as in the event he asserts his constitutional right to remain silent, he will be unable to defend his position. This violates his rights against self-incrimination, his right to fair trial, and his right to due process of law. MOTION TO STAY PROCEEDINGS 6 1 wy. WHERE A CIVIL DEFENDANT FACES POSSIBLE CRIMINAL PROSECUTION INVOLVING THE SAME FACTS AS A CIVIL ACTION, IT IS APPROPRIATE TO STAY DISCOVERY UNTIL THE THREAT OF CRIMINAL PROSECUTION HAS BEEN EXHAUSTED The Court of Appeal in Pacers, Inc., supra, held that staying discovery until expiration of the criminal statute of limitation was appropriate when a civil defendant faces possible criminal prosecution involving the same facts as the civil action. The posture of this case brings it squarely within the rationale of Pacer, supra. The civil ‘defendants in Pacers were sued for assault and battery. A federal grand jury refused to indict them for criminal assault and battery, however, the United States Attorney decided to keep the file Sec amrxaunun “open.” The defendants asserted their Fifth Amendment privilege at their depositions. The 11 | plaintiffs then moved the court for an order precluding the defendants from testifying at trial 12 }] because they had failed to answer deposition questions, The trial court granted their motion but 13 } the Court of Appeal reversed. 14 The Court of Appeal held that the defendants were entitled to invoke their Fifth 15 || Amendment privilege against self-incrimination at their civil depositions. The Courtalso held that, 16 | staying discovery until the expiration of the criminal statute of limitations was appropriate under 17 | these circumstances. “Where . . . a defendant's silence is constitutionally guaranteed, the court 18 | should weigh the parties’ competing interests with a view toward accommodating the interests of 19 } both parties, if possible.” Pacers, Inc. v. Superior Court, supra, 162 Cal. App. 3d at 690. 20 The rationale of decisions imposing a stay of civil discovery until disposition of a related criminal matter, is based on Fifth Amendment principles as well as the inherent unfairness 21 ‘of compelling disclosure of a criminal defendant's evidence and defenses before trial. Under these circumstances, the prosecution should not be able to obtain, through the medium of 2 the civil proceedings, information to which it was not entitled under the criminal discovery rules. [Citation] Here, although petitioners are not criminal defendants, they are 23 nevertheless threatened with criminal prosecution. To allow the prosecutors to monitor the civil proceedings hoping to obtain incriminating testimony from petitioners through civil 24 discovery would not only undermine the Fifth Amendment privilege but would also violate concepts of fundamental faimess. 25 | ld. 26 California statutory authority is consistent with the decisions in Pacers cited herein above. 27 || California Code of Civil Procedure §§2019-2035 and Evidence Code §§930 and 940 do not require 28 || a party to choose between invoking his right against self-incrimination on the one hand, and his MOTION TO STAY PROCEEDINGS U right to defend a civil action on the other. Rather, California law recognizes and harmonizes those rights by permitting a court to stay a civil action until the threat of criminal prosecution has been exhausted. Further, California Code of Civil Procedure §2025(i) authorizes this court to protect a party or witness from “unwarranted annoyance, embarrassment or oppression, or undue burden and expense.” In addition, where such conduct is shown to have occurred or will occur in the future, the court may order that the deposition be taken only on specified terms and conditions, that certain matters not be inquired into, and that the scope of the examination be limited to certain matters. California Code of Civil Procedure §2025(i)(5), (9), and (10). ‘The interests of justice require the application of the statutory and decisional authority to the circumstances of the case at bar. The Complaint and discovery served in this matter impute to defendant Mitchell serious criminal conduct. Defendant cannot submit to any discovery requests without jeopardizing his Fifth Amendment privilege against self-incrimination and disclosing matters which may tend to incriminate him. As set forth herein, Defendant should not suffer any penalty from the exercise of his ‘constitutional and statutory rights. Pacers, supra, 162 Cal. App. 3d 686, 689. Indeed, the facts in this case are on point with those in Pacers, Inc. wherein the defendants asserted their privilege against self-incrimination unless they were given use and derivative use immunity from possible criminal prosecution involving the same facts as the civil action. The court found that the trial ‘court should have stayed discovery until expiration of the criminal statute of limitations, thus allowing plaintiffs to prepare their lawsuit while alleviating defendant's difficult choice between defending either the civil or the criminal case. In Pacers, Inc. the court recognized that while delaying discovery of the petitioners for nearly two years would cause inconvenience and delay to the plaintiffs, the court recognized that “protecting a party's constitutional rights is paramount.” /d. at 690. Here, Plaintiff will not suffer prejudice if discovery is stayed either as to all parties or as to defendant Mitchell only. Under these circumstances, itis appropriate for this court to issue a stay of discovery until the threat of criminal prosecution is resolved. To compel him to proceed would place his Fifth ‘Amendment Rights and his due process rights in direct conflict and would cause defendant MOTION TO STAY PROCEEDINGS 8 Cera neen 10 MW 12 13 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 Mitchell to suffer a constitutionally impermissible penalty. _ CONCLUSION Based upon the foregoing authorities and argument, defendant Mitchell respectfully requests that the Court enter an Order staying all discovery as to defendant Mitchell until such time as the Court deems just and proper. DATED: February 20, 2018 Attorngys for Defendant/Cross-Complainant CAMERON S. MITCHELL MOTION TO STAY PROCEEDING! 9 Nv a MW 12 3 14 15 16 7 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF LOYST P. FLETCHER I, Loyst P. Fletcher, declare as follows: Tam an attorney at law duly licensed to practice in the State of California and attorney of lrecord for defendant/cross-complainant Cameron S. Mitchell in the above entitled matter. If called jupon to testify, I could and would competently do so to those matters stated herein. 1. Plaintiff's Complaint contains language alleging civil wrong doing which is identical to that lwhich would be alleged in a criminal complaint. Therein, Plaintiff alleges that Mr. Mitchell: “.. force{d] inappropriate sexual conduct upon Plaintiff against her will... "(Complaint P. 7, Ln 28); “... forcibly accosted Plaintiff, grabbed the back of her head, and pushed her face into his genitals forcing ner to engage in unlawful oral copulation... ” (/d., P. 11, Lns.1-2); “... controlled her firmly by the Ihead, removed his penis from his pants, and shoved her face to his genitals demanding forced and junlawful oral sex... ” (Id, P.11, Lns. 27-28); and “... caused Plaintiff, unbeknownst to her to be [subjected to the ingestion of a drug or other foreign substance sufficient to render her defenseless.” (id., P.12, Lns.10-11). These portions of the complaint, if true, would certainly violate Cal. Penal \Code sections 240,242, 243.4, 261,262 and Health and Safety Code sections 11350, 11350.5, 11377 jand 1137.5. 3. Furthermore, Plaintiff has made additional allegations of criminal acts in her recently served ldiscovery requests. On or about January 22, 2018, Plaintiff served Mr. Mitchell with Form interrogatories and Requests for Admissions (a true and correct copy of which is attached hereto as [Exhibit “A”). The subject discovery focuses largely on Mr. Mitchell’s interactions with Plaintiff |while employed by CAA, as well as his responsibilities while employed with the company,’ and For example, in Plaintiff's Requests for Admission, Request for Admi . Fletcher declaration), Plaintiff requests defendant Mitchell to“. ..admit that when YOU met PLAINTIFF, YOU were employed as a talent agent of CAA." 1 DECLARATION OF LOYST P. FLETCHER ee am 10 ul 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 requests that he admit to engaging in various criminal acts alleged in the Complaint. Additionally, [Plaintiff's Request for Admissions No. 40 requests that defendant Mitchell admit that he “gained laccess to PLAINTIFF’s apartment without PLAINTIFF’s consent.” This allegations, if true, would laiso be a violation of Cal. Penal Code section 459. 3. Mr. Mitchell has retained criminal attomey Austin Dove as counsel to advise him in this Imatter. Mr. Austin has determined that the factual basis for the above-entitled civil action and the [basis for potential criminal charges are identical. Were Mr. Mitchell required to provide discovery, including producing documents or answering interrogatories and requests for admissions, or providing |deposition testimony, he would be providing information which might tend to incriminate him. |Therefore, Mr. Dove has advised Mr. Mitchell to assert his rights under the Fifth and Fourteenth |Amendments of the United States Constitution and Article 1 §15 of the California Constitution to refuse to answer any questions which might tend to incriminate him and to remain silent pending the [resolution of any potential criminal liability arising out of the facts and circumstances alleged by [Plaintiff in this action, ls. Mr. Mitchell intends to vigorously contest the factual allegations made by Plaintiff both as. Ithey are set forth in this litigation and as to any potential criminal investigation. However, Mr. IMitchell would be unable to respond to said discovery, orto affirmatively defend the underlying civil lawsuit or to proceed with arbitration without compromising his rights under the Fifth and Fourteenth | Amendments of the United States Constitution and Article 1 §15 of the California Constitution to |defend the potential criminal allegations. 7 ! 2 DECLARATION OF LOYST P. FLETCHER awn Sec nmr au M1 12 1B 14 Ve) 16 17 18 19 20 2 22 23 24 25 26 27 28 I declare under penalty of perjury under the laws of the State of California and the United [States of America that the foregoing facts are true and correct, and that this declaration was lexecute at Los Angeles, California on February 16, 2018. Loyst P Fletcher Declarant 3 DECLARATION OF LOYST P. FLETCHER aw 10 MW 12 13 4 15 16 7 18 19 20 a 22 23 24 25 26 27 28 DECLARATION OF AUS! DOVE. Il, Austin Dove, declare as follows: Jam an attomey at aw duly licensed to practice in the State of California and criminal counsel to Cameron S. Mitchell, defendant in the matter entitled Mann v. Creative Arts Management, LLC, lefal. If called upon to testify, I could and would competently do so to those matters stated herein, 1. Thave been practicing criminal law almost entirely for the past 20 years. Ihave been letained for the purpose of advising Mr. Mitchell in that regard, l2. __Plaintiff’s Complaint contains language alleging civil wrong doing which is identical to that lwhich would be alleged in a criminal complaint. Therein, Plaintiff alleges that Mr. Mitchell: force{a} inappropriate sexual conduct upon Plaintiff against her will... "(Complaint P. 7, Ln 28); *.. forcibly accosted Plaintiff, grabbed the back of her head, and pushed her face into his genitals forcing Iner to engage in unlawful oral copulation...” (Id., P. 11, Lns.1-2); “... controlled her firmly by the |head, removed his penis from his pants, and shoved her face to his genitals demanding forced and junlawful oral sex. ” (Id., P.11, Lns. 27-28); and “... caused Plainti f, unbeknownst to her to be subjected to the ingestion of a drug or other foreign substance sufficient to render her defenseless.” (id., P.12, Lns.10-11). These portions of the complaint, if true, would certainly violate Cal. Penal |Code sections 240, 242, 243.4, 261, 262 and Health and Safety Code sections 11350, 11350.5, 11377 land 1137.5. 3. Furthermore, Plaintiff has made additional allegations of criminal acts in her recently served ldiscovery requests. On or about January 22, 2018, Plaintiff served Mr. Mitchell with Form Interrogatories and Requests for Admissions (See Declaration of Loyst P. Fletcher, filed and served lconcurrently herewith $3 ; Exhibit “A”), The subject discovery focuses largely on Mr. Mitchell's interactions with Plaintiff while employed by CAA, as well as his responsibilities while employed 1 DECLARATION OF AUSTIN DOVE Ss 10 " 12 1B 14 1s 16 7 18 19 20 a 2 23 25 26 27 28 |with the company,' and requests that he admit to engaging in various criminal acts alleged in the (Complaint. Additionally, Plaintiff's Request for Admissions No. 40 requests that defendant Mitchell ladmit that he “gained access to PLAINTIFF’s apartment without PLAINTIFF’s consent.” This allegations, if true, would also be a violation of Cal. Penal Code section 459. |4. The undersigned has determined that the factual basis for the above-entitled civil action and the basis for potential criminal charges are identical. Were Mr. Mitchell required to provide discovery, including producing documents or answering interrogatories and requests for admissions, lor providing deposition testimony, he would be providing information which might tend to incriminate him. Therefore, Mr. Mitchell has been advised by the undersigned to assert his rights lunder the Fifth and Fourteenth Amendments of the United States Constitution and Article 1 §15 of the California Constitution to refuse to answer any questions which might tend to incriminate him and to remain silent pending the resolution of any potential criminal lability arising out ofthe facts and |circumstances alleged by Plaintiff in this action, |S. Mr. Mitchell intends to vigorously contest the factual allegations made by Plaintiff both as they are set forth in this litigation and as to any potential criminal investigation. However, Mr. [Mitchell would be unable to respond to said discovery, orto affirmatively defend the underlying civil lawsuit or to proceed with arbitration without compromising his rights under the Fifth and Fourteenth |Amendments of the United States Constitution and Article 1 §15 of the California Constitution to defend the potential criminal allegations. For example, in Plaintiff's Requests for Admission, Request for Admission No. 3. Exhibit “A"to Fletcher declaration), Plaintiff requests defendant Mitchell. “...admit that when YOU met PLAINTIFF, you were an employed as a talent agent of CAA.” 2 DECLARATION OF AUSTIN DOVE 4 execute at Los Angeles, California on February 5 6 1 8 9 10 W 12 13 4 15 16 7 18 19 20 2 22 23 24 25 26 27 28 | declare under penalty of perjury under the laws of the State of California and the United States of America that the foregoing facts are true and correct, and that this declaration was 20_ yA} ‘Austin Dove Declarant 3 DECLARATION OF AUSTIN DOVE EXHIBIT A PAUL N, PHILIPS, Esq., SBN 187928 1 || LAW OFFICES OF PAUL N. PHILIPS, APLC |9255 West Sunset. Suite 920 2 || West Hollywood, California 3306 3 || Fee : Ga BLS 1126 : Attorneys for Plaintiff DEMI MANN ‘ 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA ‘ COUNTY OF LOS ANGELES 9 )DEMI MANN, ‘Case No: BC 684 054 " Plaintiff, PLAINTIFF'S SET ONE (1) REQUESTS FOR ADMISSIONS TO DEFENDANT CAMERON MITCHELL; DECLARATION OF PAULN. PHILIPS FOR ADDITIONAL DISCOVERY vs. ) ) ) ) } CREATIVE ARTISTS AGENCY, LLC,a) 14 || Delaware Limited Liability Company; ) ) ) 2 ) ) ) CAMERON S. MITCHELL, an Individual; 48 |/ and DOES 1 TO 25, Inclusive, Defendants, » PROPOUNDING PARTY: Plaintiff DEMI MANN a RESPONDING PARTY: Defendant CAMERON MITCHELL 2 SETNO; ONE (1) a i » TO THE DEFENDANT AND HIS COUNSEL OF RECORD: * Plaintiff DEMI MANN (hereinafter “Plaintiff”) hereby demands, pursuant to California Code 36 | of Civil Procedure section 203.010, et seg., that defendant CAMERON MITCHELL (hereinafter 77 }|“Defendant”) serve upon plaintiff admissions to the within the requests, as required by Code of Civil » Procedure sections 2033,210 (a) through (3), ef seg., within the time proscribed:by Code of Civil PLAINTIFE'S SET ONE (1) REQUESTS FOR ADMISSIONS TO DEFENDANT CAMERON MITCHELL, DECLARATION OF PAUL N, PHILIPS FOR ADDITIONAL DISCOVERY 0 tt 2 2 « as 6 a as a 3. "As used herein, the term “CAA” refers to YOUR co-defendant herein, creative Artists Agency, LLC, including its employees, agents, representatives and assigns; : 4. “As used herein, the term "PLAINTIFF " refers to the plaintiff herein, Demi Mann, including her representatives and agents; 5. The term “IDENTIFY,” when used in reference to DOCUMENTS means to deseribe the DOCUMENTS by author, recipient or intended recipient, date of creation and date of delivery ot service, and to state the quantity of such DOCUMENTS; 6. The term “IDENTIFY,” when used in reference to people means to list the name, adaess, nd telephone numberof the PERSON; 7. The term “THIRD PARTY” refers to any individual or business entity, other thatthe parties to this case; . 8. The terms “REGARDING” and “PERTAINING” shall be understood to camy ther general English meanings, such as ‘relating to,’ ‘evidencing’ “displaying,” ‘conceming,’ ‘about’ and “on the 9. _Theplural of any word used herein shall be understood to include the singular, andthe singular to include the plural; : 10, IE YOUR answer is qulified in any manner, please set forth the exact nature and extent ofthe 11. IF YOU assert a privilege in response to any of the following discovery requests, state ina privilege og the nature of the privilege(s) asserted, specify the ground(s) therefore, and provide all information responsive tothe requestor interrogatory that doesnot fall within YOUR claim of privilege. If an objection other than a claim of privilege is made in response to part of any request ot interrogatory, specify the part of the request or interrogatory to which the objection applies. ‘SPECIFIC REQUESTS FOR ADMISSION 1. Admit that as of January 1, 2013, YOU were an employed talent agent of CAA. 2. Admitthat in the Fall of 2013, YOU met PLAINTIFF for the first time, 3. Admit that when YOU met PLAINTIFF; YOU were employed as a talent agent of CAA. ‘PLAINTIFF'S SET ONE (REQUESTS FOR ADMISSIONS TO DEFENDANT CAMERON MITCHELL, ‘DECLARATION OF PAULN. PHILIPS FOR ADDITIONAL DISCOVERY it a « a ee . 9 Admit that at YOUR November 23, 2015 meeting with PLAINTIFE, YOU stated to ‘4... Admit that on October 14, 2015, YOU invited PLAINTIFF to YOUR office at CAA. 5. Admit that on October 14, 2015, YOU invited PLAINTIFF to an October 15, 2015 art exhibit. 6. Admit that PLAINTIFF was scheduled to meet YOU at YOUR CAA office on November | 23,2015, 7. Admit that YOU changed a November 23, 2015 meeting with PLAINTIFF from YOUR office at CAA to the Mr. C Hotel on Pico Boulevard. 8. Admit that YOU met PLAINTIFF at the Mr. C Hotel in Beverly Hills on November 23, 2015. ‘PLAINTIFF that YOU were from that point forward her agent and mentor, 10. Admit that YOU stated to PLAINTIFF on November 23, 2015 that rom ta point forward, CAA was her talent agent. 11. Admit that beginning on or sbout November 23, 2015, YOU treated PLAINTIFF as a client of CAA. 12, Admit that beginning on or about November 23, 2015, PLAINTIFF was a client of CAA. 13. Admit that after November 23, 2017, YOU told one or more THIRD PARTIES thst PLAINTIFF was YOUR client. 14, Admit that at YOUR November 23, 2015 meeting with PLAINTFF, YOU stated to PLAINTIFF that YOU intended to “set her up” with a ABC Marvel television series. IS, ‘Admit that st YOUR November 23, 2015 meeting with PLAINTIFF, YOU asked PLAINTIFF to forward her acting reels to YOU at CAA. 16. Admit that YOU believed, as of January 2016, that PLAINTIFF" diverse appearance and abilities made her well-suited to several film projects for which YOU intended to submit her. 17. Admit that YOU stated to PLAINTIFF on sevetal occasions in 2016 that YOU intended to speak with directors on PLAINTIFF’s bebalf regarding entertainment projects. 18. Admit that YOU told PLAINTIFF on more than one occasion that PLAINTIFF was one PLAINTIFFS SET ONE (i) REQUESTS FOR ADMISSIONS TO DEFENDANT CAMERON MITCHELL, DECLARATION OF PAUILN. PHILIPS FOR ADDITIONAL DISCOVERY 2 8 « 1s “16 ” 1 a of YOUR most promising clients, 19, Admit thst YOU told PLAINTIFF that other than YOU and YOUR assistant, PLAINTIFF| should not communicate with anyone at CAA. 20, Admit that in June of 2017, YOU gave PLAINTIFF a 146 page DOCUMENT bearing a “CSM” watermark, which DOCUMENT YOU told PLAINTIFF was proprietary to CAA. 24, Adant that in June of 2017, YOU gave PLAINTIFF @ 146 page DOCUMENT bearing a “CSM” watermatk, which DOCUMENT YOU told PLAINTIFF YOU were not giving to any of YOUR other clients. 22, Adunit that the 146 page DOCUMENT YOU gave to PLAINTIFF in June 2017, which document bore » “CSM” watermark, was not supposed to be given to anyone not employed by CAA. 23. Admit that YOU told PLAINTIFF that many successful actresses have gotten ther star a Hollywood by sleepiig with their talent agents, : 24, Admit that YOU have never obtained PLAINTIFF’s consent for any sexual activity ‘whatsoever. 25. Admit that in June 2017, YOU came into PLAINTIFF’s apartment and used her shower, 26. Admit that in June 2017, YOU never bad consent to use PLAINTIFF’s shower. 27, Admit that in June 2017, YOU forced PLAINTIFF to perform oral sex on YOU.. 28, Admit that on or about August 26, 2017, YOU put YOUR hand inside the top of PLAINTIFF'S dress. 29. Admit that on or about August 26, 2017, YOU grabbed PLAINTIFE’s breast beneath her dress. 30. Admit that on or about August 26, 2017, YOU put YOUR hand up PLAINTIFF’s dress. 31. Admit that on or about August 26, 2017, YOU touched PLAINTIFF"s inner thighs. 32, Admit that on or about August 26, 2017, YOU removed YOUR penis from YOUR pants in PLAINTIFF’s presence, 33, Admit that on or about Angust 26,2017, YOU forced PLAINTIFF to perform ral sex in YOU. ‘PLAINTIF®'SSET ONE (1) REQUESTS FOR ADMISSIONS TO DEFENDANT CAMERON MITCHELL; ‘DECLARATION OF PAULN. PHILIPS FOR ADDITIONAL DISCOVERY it a a “ as 16 ” rr 2 a s ® 8 8 -40. Admit that on or about September 22, 2017, YOU gained access to PLAINTIFF’s 34, Admit that on of about August 26, 2017, PLAINTIFF physically struggled fo get out of ‘YOUR grasp. 2 35, Admit that on or about August 26, 2017, PLAINTIFF instructed YOU to stop touching her. 36. Admit that on or about August 26, 2017, PLAINTIFF ran crying from YOUR car. 37. Admit that on or about August 26, 2017 YOU told PLAINTIFF that YOU wanted to book] a trip and massages for YOU and for PLAINTIFF.” : 38, Admit that on or about September 22, 2017, YOU groped PLAINTIFF's buttocks at the Sky Bar in West Hollywood. 39. Admit that on or about September 22, 2017, YOU placed a drug in PLAINTIFF’s drink to render her defenseless. partment without PLAINTIFF's consent. 41, Admit that on or about September 22, 2017, YOU removed all of YOUR clothing in PLAINTIFF’s apartment. 42. Admit that on or about September 22, 2017, while naked, YOU laid down on PLAINTIFF’s bed next to PLAINTIFF, who was asleep. 43. Admit that on or about September 22, 2017, in PLAINTIFF’s bedroom, YOU pulled PLAINTIFF on top of YOUR naked body. 44, Admit that on or about September 22, 2017, YOU demanded that PLAINTIFF peform oral sex on YOU. 45. Admit that on or about September 22, 2017, YOU demanded thet PLAINTIFF “swallow i” 46, Admit that on or about September 22, 2017, YOU fled PLAINTIFF’s apartment when she refused to have sex with YOU. 47. Admit that on or about September 22, 2017, YOU left certain clothing in PLAINTIFF" bedroom when YOU fled PLAINTIFF’s apartment. 48. Admit that YOU never had PLAINTIFF’s consent to ingest illegal drugs in PLAINTIFF’s * ‘PLAINTIF®*S SET ONE (1) REQUESTS FOR ADMISSIONS TO DEFENDANT CAMERON MITCHELL, ‘DECLARATION OF PAUL N. PHILIPS FOR ADDITIONAL DISCOVERY 0 " 2 a 15 16. 7 1 s 3 8 Re eos 8 apartment, 49. Admit that YOU ingested illegal drugs in PLAINTIFF’s apartment, ‘50.’Admit that YOU snorted cocaine in PLAINTIFF’s apartment. : ‘51. Admit that at some time between January 2013 and June 1, 2017, CAA knew that you used recreational drugs. ‘52, Admit that between YOUR first date of employment by CAA and June 1, 2017; CAA never required YOU to undergo any form of sexual harassment prevention training, 53. Admit that between YOUR first date of employment by CAA and June 1, 2017, CAA never provided YOU any DOCUMENTS REGARDING sexual harassment prevention. 54, Admit that between YOUR first date of employment by CAA and June 1, 2017, YOU “never undérwent any sexual harassment prevention training outside of CAA. 58, Admit that between YOUR first date of employment by CAA and June 1, 2017, YOU were not aware of any protocol in place at CAA for reporting sexual harassment’ Perpetrated by a CAA employee. 56. Admit that between YOUR first date of employment by CAA and June 1, 2017, CAA never reprimanded YOU for any sexual misconduct, 57, Admit that between YOUR first date of employment by CAA and June 1, 2017, CAA ‘never reprimanded YOU for anything whatsoever, . 458. Admit that between YOUR first date of employment by CAA and June 1, 2017, CAA never required YOU to undergo any form of gender discrimination training. 59, Admit that between YOUR first date of employment by CAA and June 1, 2017, CAA never provided YOU any DOCUMENTS REGARDING gender discrimination. 60, Admit that between YOUR first date of employment by CAA and June 1, 2017, YOU never underwent any gender discrimination prevention training outside of CAA. 61. Admit that between YOUR first date of employment by CAA and June 1, 2017, YOU were not aware of any protocol in place at CAA for reporting gender discrimination perpetrated by a CAA employee. 62, Admit that between YOUR first date of employment by CAA and June 1, 2017, CAA 'PLAINTIFS SET ONE (i REQUESTS FOR ADMISSIONS TO DEFENDANT CAMERON MITCHELL, ‘DECLARATION OF PAUL N. PHILIS FOR ADDITIONAL DISCOVERY ry 1 a rs 5 16 ” a n a a never sanctioned or reprimanded YOU for any gender discrimination. 63, Admit that between YOUR first date of employment by CAA and June 1, 2017, CAA, never sanctioned or reprimanded YOU for anything whatsoever, LAW OFFICES OF PAUL N. PHILIPS, APLC Dated: January 22, 2018 PLAINTIFF'S SET ONE (1) REQUESTS FOR ADMISSIONS TO DEFENDANT CAMERON MITCHELL; ‘DECLARATION OF PAUL. PHILIPS FOR ADDITIONAL DISCOVERY 2 8 « 1s 6 a 2 as n DECLARATION FOR ADDITIONAL DISCOVERY I, PAULN. PHILIPS, detlare: 1, Tamover 18 years of age and am the counsel of record for the Plaintiff herein. Ihave personal Imowledge of the fucts asserted in this Declaration, and if called upon to testify thereto, I could competently do so; 2. Lam propounding to Defendant Cameron Mitchell the attached set of requests for admission; 3. This set of requests for admission will cause the total number of requests propounded t0 the party to whom they are directed to exceed the number of requests permitted by Section 2033.030 lof the Code of Civil Procedure; 4, Ihave previously propounded a total of zero requests for admission to this party. 5. ‘This set of requests for admission contains a total of 63 requests; 6. Lam familiar with the issues and the previous discovery conducted by the parties in this case; 7. have personally examined each of the requests in this set of requests for admission, 8. This number of requests for admission is warranted under Section 2033.040 of the [Code of Civil Procedure because of the number and complexity ofthe issues to be detérinined by the instant lawsuit; 9. None of the requests in this set of requests is being propounded for any improper purpose, such as to harass the party, or the attomey for the party, to whom itis directed, or to cause ]unnecessary delay or needless increase inthe cost of litigation. I declare under penalty of perjury under the laws of California that the foregoing is true and correct, and that this declaration was executed in Los Angeles, California on January 22, 2018, x ‘PLAINTIEPS SET ONE (1) REQUESTS FOR ADMISSIONS TO DEFENDANT CAMERON MITCHELL, DECLARATION OF PAUL N. PHILIPS FOR ADDITIONAL DISCOVERY 0 n 2 2 2s 26 n FROOF OF SERVICE ‘STATE OF CALIFORNIA ) ds ‘COUNTY OF LOS ANGELES ) 1am employed inthe County of Los Angeles, Stt of Califor. Iam over the age of 18 and am nota prt tothe within scion, My busines adress is 9255 West Sunset Boulevard, Suite 920, West Hollywood, Califor 90069-3306, (On January 2, 2018 served the foregoing document described ss PLAINTIFF'S SET ONE (1) REQUESTS FOR ADMISSION TO DEFENDANT CAMERON MICHTELL; DECLARATION OF PAUL N. PHILIPS FOR ADDITIONAL DISCOVERY on the interested partes inthis ation a fellows: is er LoystP. Fetches, Bog. |LAW OFFICES OF LOYST P: FLETCHTER 555 West S® Steet, 35 Floor Los Angeles, California 90013 Te: (424) 231-2064 Fox: (428) 002-7663, (Counsel for Defendant CAMERON MITCHELL he, Dale F, Kinsella, Esq, [KINSELLA WEITZMAN 808 Wilshire Boulevard, 3° Floor Santa Monica, Calforia 90401 Te: (310) 566.9800 Fex: 210) 566-9850 (Counsel for Defendant CREATIVE ARTISTS AGENCY DaBy MAL ‘am readily familiar with the firm's practice of collection and proceting of comespondence fr maling, Under tht pretice it would be deposited withthe U.S. Mai service onthe same day indicated herein with postage thereon fully prepaid wt West | Hollywood, California inthe ordinary course of business, Tam aware that on motion of the pary served, sevice is presumed invalid ifthe postal cancellation date or postage meter dani oe than one day afer the date of depost for maling sited inthe affidavit. 1 deca, under penalty of perjury according tothe laws ofthe Staeof California thatthe foregoing ste and eatrect Bxeeuted this 22 day of Fnunry 2018 at West Hollywood, California, 10. [OR ADMISSIONS TO DEFENDANT CAMERON MITCHEL DECLARATION OF PAULN. PHILIPS FOR ADDITIONAL DISCOVERY TRGRREY GAPE WATOOT TORY pte Sas array on ‘Paul N. Philip, Hog. SBN 187528 |-LAW OFFICES OF PAUL, PHILIPS, APLC ‘9255 West Sunset WeatHallyweod, Calon 900633306 Texzpowena: (323) 813-1126 FAxNO. Cafe: (310) 854-6902 EMM ADDRES (on legal.com ATTORNEY FOR ae ‘Demi Mann ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles. ‘SHORT TLE OF CASE: Mana v. Creative Artists Agency, LLC, etal. ‘Asking Party: Plaintiff Demi Mann Asredog pasty: ‘Defendant Cameron Mitchell No: One (1) FORM INTERROGATORIES—GENERAL * rrr BC 684 034 0c. 1, instructions to Ail Partie (6). thterogatiries are writen questions prepared by party to an action that are sent to any other party inthe action tobe ‘answered underoath. Tha Intarogatofes below are form Interrogetores approved for use In cil cases. (©) For ims limitations, requirements for service on other pares, end other details, 92e Code of Civil Procedure ‘sections 2030.010-2000.410 and the cases construing those sections, (These form intarogatores do not change exting law ‘elting to interrogatories nor do they affect an anewering Party‘ ight to assert any priviage oF maka any objection, Sec, 2. tnatructions to the Asking Party (2) "Thooe interrogatories are designed for optional use by partes in unimited cv ceses where the emount demanded ‘excneds $25,000. Separats intsrrogatories, Fm Inlerogetorioe—Limiied Gil Cases (Economic Ligation) (farm BISC-004), which have no subparts, ere designed for ‘oe in limited cv cases where the emount demanded is $25,000 or leas; however, those Intertogatores may also be ‘used in united ol cases. (©) Check the box next to each interrogatoy that you want {he answering paty to answer. Use care in choosing those Inlerogatores that are applicable to the case, (6) Youmay insert your own defntton of INCIDENT in Section , but only where the action arses from a course of ‘conduct ora series of events cocuing over a perod gf me, interrogatories in scion 16.0, Defendants Sandor Prorat uy, dou nt te eed ur fe defendant hes hed a reasonable opportunty to conduct an Investigation or ciscovery of paint injures and damages. {@) Addlional interrogatories may be ettached. ‘Soe.3, instructions to the Anewering Party (@) An answer or other appropriate response must be ‘Given to each interrogatory checked bythe asking party. (©) Ase general re, within 20 days after you are served ‘with these Interogatories, you must sorve your reapondes on the asking party and serve copie of your responses on all «ther pers tothe action who have eppeared. See Code ot (Givi Procedure secSons 2030 260-2030.270 for tals, Teme cea See Grecia Bot sony FORM INTERROGATORIES—GENERAL (©), Each answor mustbe as comploto and straightforward a the information reasonably avaiable to you, including the Information possessed by your atlomays of agents, perms. f ‘an inerrogatory cannot be answered completely, ancwer Ifo the extent possible. (@) Ifyou do not have enough personal knowedgs to fully ‘answer an Interogatory, say 20, but make reasonable and {004 faith effort to got the Information by asking other persons Dr organizations, unless the information is equaly avalable to the asking party. (©), Whenever an intsrrogatory may be answered by ‘eferring to a document, the document may be attached es an ‘exhibit to the response and referred ton the response. Ifthe document has more than one page, refer tothe page and ‘section where the answer tothe intrrogatory can be found. (9. Whenever an address and talephone number forthe ‘Same person are requested in more than one Intsrogatory, You are required to fumish them in answering only the frst Interrogatory aking fr thet information. (), Ifyou are ascarting a priitege or making an objection to ‘an Intorrogatary, you must specitcaly assert the piviege or ‘state the objection n your wetien response. (h)_ Your answers to these i must be verified, ‘dated, and signed, You may wish fo use the folowing form at the end of your answers: | declare under penalty of posury under the laws of the ‘Stato of Caltomia that the forogoing answers are ive and ‘comect. ware (SIGNATURE S0e.4, Defatdons ‘Words in BOLOFACE CAPITALS in thew nterogtoraa are datned a obows: (a) (Chock one of to folowing: (21 {9 meieNT reuse he desert {ions suoundng tho aloged ecadert, Cher oscuranoe 6 bros caret hg too ths acon or preceding Papesatt Seat oaPeen smodnannne sas Te netnent means tree your detnton here or ona soparta, alached shest labeled “Sec. (b), YOU OR ANYONE ACTING ON YOUR BEHALF ‘ncudes you, your agents, your employees, your insurance ‘companies, thir agents, thelr employees, your attomeys, your ‘sccourtants, your investigators, and anyone else acting on ‘your Beha. (@) PERSON includes a natural person, fim, association, ‘organization, partnership, business, trust, imited iablty ‘company, earporaton, er public entity. (6) DOCUMENT rneans a wrttng, 2s defined in Evidence Code section 250, and includes the original or a copy of handwriting, typewniing, pining, photostats, photograph, ‘electronically stored information, and every other ineans of recording upon any tangible thing and form of communicating ‘oF representation, Including eters, words, pictures, sounds, or symbols, or combinations of them. (©) HEALTH CARE PROVIDER includes any PERSON fefered to In Code of Civil Procedure section 667.7123). (ADDRESS means the street address, inctuding the cty, sata, and zp code. Soe. 6. Intrrogatories ‘The following interrogatories have been approved by the ‘Judicial Councd under Code of Civil Procedure saction 2033,710: ‘CONTENTS 41.0 Identity of Persons Answering These Interrogatories 20 General Background informatton—individual 8.0 General Background Information—Business Entity ‘40 Insurance 50 fResorved] {6.0 Physical, Mental, or Emotional Iurias 7.0 Property Damage 8.0 Loss of income or Eaming Capacity 13.0 investigation —Survellanco 4140 Statutory or Regulatory Violations . 15.0 Denials and Special or Affrmative Defenses, 1800 Dofondants Contentions Personal Injury 17.8 Responses to Requet for Adizsone Family Law [Soe separate form FL-145] pisc-001 ‘1.0 Identty of Persons Answering These interrogatories 1.4 Stata the name, ADDRESS, telephone number, and relationship to you of each PERSON who prepared or ‘assisted in the proparation of the responses to these interrogatories. (Do not identity anyane wito simply typed or ‘Teproduced the responsas.) : 2.0 General Background Information—indvidual Wat state: (a) your name; (©) every name you have used in the past; and (6) the datos you used each name. [Z1 22 state the date and place of your bith. [Z] 23 Atte time of the INCIDENT, did you have a drivers license? If 20 stata: (@) the stata or other ssung entity, (©) the license number end type; (6) the date ofesuance; and @) alirestictone. [7] 24 Atthe time of the INCIDENT, did you have any other Damir eens or he operation of moor vetice? W 2, (8) the stato o other issung entity, {) the lcense number and type; {c) the date of fssuance; and {@) allrestictions. Zi 2ssute: {@) your present residence ADDRESS; (b) your residence ADDRESSES forthe past five years; and (6) the dates you lived at each ADDRESS., 28 sae (a) the name, ADDRESS, and telephone number of your present employer or place of self-employment; and the nara, ADDRESS, dete of erployent jo 8, © Sunda otwon orecch emperor Stitemploymet you have bad rom ve yar betro the INCIDENT until today. Sate: {3} Gena ond ADDRESS of each school or ober academic or vocational Institution you have attended, Beginning wit high schoot (1) ta aaen you atonded {© ta ighet grade vel yu Pave compet nd {@ to cagroes rooed (Z) 28 Have you ever been convicted of a felony? If 90, for ‘each conviction state: (@) the ety and state whore you were convicted, (@) the date of conviction; (6) the offense; and (@ the court and case number. .9 Can, you spesk English with ease? i, not, what language and dialect do you nérmatly use? 40 Can you rad and wite English with ease? If not, what language and dialect do you normally use? aR TERT FORM INTERROGATORIES—GENERAL ata {@) the name, ADDRESS, and telephone number of that PERSON: and. (0) a deeezipfion of your duties. {YZ 212 At the time of the INCIDENT did you or any other ‘person have any physical, emotional, or mental disablity or Condition that may have contributed to the occurrence of the INCIDENT? Ifso, for each parson state: (a) the name, ADDRESS, and telephone number, (B) the nature ofthe aisabilty or condition; and (6) the manner in. which the dleablity or condition ‘contributed tothe occurrence of the INCIDENT. 2.13 Within 26 hours before the INCIDENT did you or any person involved in the INCIDENT use or take any of the following substances: slcoholic beverage; marjuana, or ‘other drug or mediation of any kind (prescription or not? If ‘80, foreach person state: {@) the name, ADDRESS, and telephone number, {() the nature or description of each aubstance; {) the quantity of each substance used or takon; (2 cana Hoe fy when each unatance was used or (9 9 ADDRESS were each exetnce wee wed oF (0 thoname, ADDRESS, and telephone number of each Porson who wae prose wien ouch subetnce was aod ortakas end (g) the name, ADDRESS, and telephone number of any HEALTH GARE ProMioER woe pests wknd fro ebetanca and the conten for which Wes Prosctbed or ished 3.0 General Background Information—Business Entity 111 are yous comers ifs, st: {) the namo dated nthe cuentas of incorporation; {() allother names used by the corporation during the’ past {Gyears andthe Gatos cach was ved, (©) te cao and pace of reoperation, (@). te ADDRESS oft prinapal pac of busines: nd {2} wretge you are uated to dousinesa n Cae ©) 32 Ave yous partnorhin? to, state: {@) the curent partnership name; (© allothornarmes vsedby the partnership during the pest 10 yoars andthe dats each was used, (@) whether you are tiled partnership nd, if eo, under ‘he iws of what urdicion, (@) the namo and ADDRESS ofeach gonerlpariner, and (e) the ADDRESS ofthe principal place of business, 1233 Are you a timited tabity company? If so, state: {@) the name statod Inthe curent ares of organization; {©) allcther names used bythe company during te past 10, yours andthe dale each was used: {e) the dato and place of ting of the artes of ganization; {@) the ADDRESS ofthe principal place of busines; and (©) whether you are qualified to do business in Catto. DISC-001 1 34 Are yous joint venture? Ifso, state: (8) the current joint venture name; () allother names used by the joint venture during the ‘past 10 years and the dates each was used; (@) the name and ADDRESS of each jolnt venturer; end (@) the ADDRESS of the principal place of business. 21 355 Are you an unincorporated association? Iso, state: ‘the current unincorporated association name; (&) all cther names vsed by the unincorporated association ‘iting te past 10 year and the dates each wes sed: a (6) the ADDRESS of the principal place of business C1 26 Have you done business under a fctious name during the past 10 years? Io, for each ficttious namie stata: 8 fe dae each wa vet (¢) the state and county of each fcious name fling, and (@) the ADDRESS ofthe principal place of business. C1 27 wihin ne past five years has any public entty rogis- tered or fcaneed your Business? I 0, for oach lcango or registration: {a} tons te toonse or registration; {©) sate the name ofthe public ety, and {@) sale the dots of issuance and expiration. 40 tnourance [Z] 4.1 Atthe time of the INCIDENT, was there Ineffect any palcy of insurance through which you were oF might be inured in any manner (for exemple, primary, pro-ets, oF ‘excess lability coverage or medical expense coverage) for the damages, caine, or actions that have arisen out ofthe INCIDENT? Its for each policy state: (6) the kind of coverage; (©) the name end ADDRESS ofthe insurénoe company; {(@) the name, ADDRESS, and telephone number of each named insured, {@) the pobcy number, {6) the iis of coverage for each type of coverage con- tained in the poly, (whether any reservation of rights oF controversy ot coverage depute exists between you and the Ingurence company; and (@) te name, ADDRESS, and eaphone number oft ‘custodian of the poly. (Z) 4.2 Are you seltinsured under siny statute for tho damages, loins, oF actions that have arisen out ofthe INCIDENT? If ‘20, specify the elatute. 50 (Resened 6.0 Physical, Mental, or Emotional injurtos 1&1 bo you atsite any physica, mental, or eratonl injuries to the INCIDENT? (if your answer is “no,” do not answer interrogatories 6.2 through 6.7). 1 62 Identity each inury you attbute to the INCIDENT and ‘the area of your body afected. a) FORM INTERROGATORIES—GENERAL <7 163 _ Do you sit! have any complaints that you attribute to $3 RBBUT Ie ose alee 6) te pe compas eutedng, mang be cceng nowt, weperis crs (©) the frequency and duration. 6.4 Did you recelve any consutaton or examination Clea og tation (except from expert winesses covered by Code of Chil Procedure sectons 2094.210-2084.310) or reatment from HEALTH CARE PROVIDER for any injury you attrbuto to the INCIDENT? If 60, for each HEALTH CARE PROVIDER (@) the name, ADDRESS, and telephone number, (©) the type of consuftaion, examination, or" teatment provided; (@) fo dats you recived conslion, exinan, of ‘Heatment; and (@) the charges to date. (1145 Have you taken any medication, prescribed or not, as @ reaut of injuries that you atbibute tothe INCIDENT? If s0, ‘ot eact medication state: {) the name; (©) the PERSON who prescribed or fumished t; (6) the data t was prescrbed or furnished; (@) the dates you began and stopped taking and (@) the cost to date, (a6 Are'there any ether medical services necessteted by tes Bal to he NEDENT ba wre not fated (for example, ambulance, nursing, Frometay eo, creas cance ats (1a Hes any HEALTH CARE PROVIDER sdvised that you ‘may requir future or addtional treatment for any inuries thatyou abut the INCIDENT? Is, foreach rury “ (@) the nano ond ADDRESS of each HEALTH CARE PROVIDER; () the complaint for which the treatment was advised; and {e) tre nature, duration, and estimated cost ofthe 7.0 Property Damage 12.1 Do you attribute any toss of or damage to a vehicle or ‘ther property to the INCIDENT? If 20, for each item of {) descrtie the property; (©) denerbe the ratiro end locaton of the damage to the propery, | ~ £173 Head any tem of property btsc-001 {c) state the amount of damage you ere cleiming for each item of property and how the amount was calculated; and (@) ifthe property was sold, stato the name, ADDRESS, and ‘pte sumbrat seer, be celts, a tn 72 tas a witten estimate or evaluation been mate for any tom of property referred to in your answer to the preceding Interrogatory? If, for each estimate or evaluation state: (6) the name, ADDRESS, and telephone number of the PERSON who prepared i and the date prepared () the name, ADDRESS, and telephone number of each PERSON who has @ copy off and (6) the amount of damage stated. ‘fered on your answer to ‘interrogatory 7.1 been repaired? If 80, for each item state: (6) the da pao 1) aooapton oft rep, {Ge rae, ADORESS, end tepone cunt o te rare, " {® FERSoN vo roared (@) the name, ADDRESS, and telephone number of the PERSON whe pall forte repe 80 Loss of ncoma or Earning Capacity © 8.1 bo you attribute any tose of income or gaming capacity {0 tho INCIDENT? (if your answer Is “no,” do not answer Interrogatores 8.2 through 8.8). CO a2 state: (2) the nature of your work, (0) your job tite atthe time ofthe INCIDENT; and (6) the date your employment began. 1 83. state the tast date before the INCIDENT ihat you ‘worked for compensation. F284 Stato your monthly income atthe time ofthe INCIDENT ‘and how the amount was calculated, Fas Stato the date you retuined to work at each place of ‘employment following the INCIDENT, (778. state the dates you did not work and for which you lost Income as & result ofthe INCIDENT. 2 87 State the total income you have lost to date as a result ‘of the INCIDENT and how the amount was calculated. F128. wat you tose income in the future es a resutt of the INCIDENT? Ifo, state: (@) the facts upon which you base this contention; (©) an estimate of re amount, () an estimate of how long you willbe unable to work; and (@) how the claim for future income is caculated, ac pe aay FORM INTERROGATORIES—GENERAL carry 8.0 Other Damages. C94 Arethere any otter damages that you stbibute to the INCIDENT? If so, for each item of damage state: {@) the nature; (0) the date it ccourred; (©) the amount; and (@) the name, ADDRESS, and telephone. number of each PERSON to whom an obligation was Incurred. 1 22 do any DOCUMENTS support the existence or amount ‘of-any item of damages claimed in Interogatory 8.1? If so, oscrbe each document and stato the name, ADDRESS, ‘and telephone number of the PERSON who has each DOCUMENT, 10.0 Medical History 10.1 At any time before the INCIDENT did you have com- ‘plaints or Injuries that involved the samo part of your body

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