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Courtney Gillespie;Melody Gillespie;c/o P.0. Box 8323Porterville, California

Courtney Gillespie,Melody Gillespie,

Plaintiffs,

.VS-

Nicklas Hoffman;Et AI,

.,:,

SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF TULARE

Case #: 10-238961

NOTICE OF & MOTION OFMelody & Courtney GillesPieFOR ORDER COMPELLING DEFENDANTSTO ANSWER DISCOVERY DEMANDSPREVIOUSLY SERVED ON THEM;& FOR SANCTIONS INCLUDING COSTS&/OR EVIDENTIARY OR DISMISSALSANCTION, & FOR AN ORDER RESCHEDULINGTHE TRIAL DUE TO DELAY IN ANSWERINGDISCOVERY & INSUFFICIENT TIME TO BRINGSUMMARY JUDGMENTiADJUDICATION MOTION& orHER DISPOSITORY MOTTONS, ETC.

HEARTNG DATE: l[ tMt zotzDEPT. 7; TIME: 8:30 A.M.

1. TO: THE CLERK OF THE ABOVE NAMED COURT & ALL INTERE,STEDPARTIES IN THE ABOVE ENTITLED ACTION, PLEASE TAKE NOTICE OFTHE FOLLOWING:

tl A2. On the day otllttkOt2 at the hour of 8:30 a.m., or as soon thereafter as Plaintiffs can be

heard, Plaintiffs Courtney & Melody Gillespie will Move the above named Court &

Dept. 7 Judge Paul Vortman for an Order Directing Defendants / Cross Complainants

Nicklas Hoffman & Nickol Gerritsma to answer the Discovery Requests & Demands of

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Plaintiff Melody Gillespie that were previously served upon them, which they did not

respond to whatsoever in Violation of the Discovery Statutes of Californial for an

Order removing the Case from the Trial Calander, & re scheduling the Trial Date, resetting Discovery deadlines, & for an Order granting Monetary Sanctions & I or otherSanctions including Cost of bringing the Motion & Evidentiary or Dismissal Sanctionsagainst said Defendants, and for an Order rescheduling the Trial date in this Casebased on Delay & Stalling tactics of Defendant Nicklas Hoffman, which Motion is madeupon the following grounds:

(1) This Court, Dept. 7 Judge Paul Vortman has Ruled that this case should be heard onthe merits, & stated that the Gillespies "are going to get their discovery" & "pretrialMotions" at the hearing on Defendants /Cross Complainants Motion for Bifurcation

on 6 / 22 12012; The Court set a Trial Date & this Court issued an Order thereafter re

opening Discovery in this Case & Establishing Discovery deadlines in the Casel(2) Plaintiffs previously informed the Court in this Case that they intend to file Dispositive

Motions after obtaining Discovery & filing Motions to Compel Discovery if it isnecessary in this Caseq Without such Orders the Gillespies will be denied their State &Federal Inalianable Rights to Due Process of Law & a fair impartial hearing or Trial onthe disposition of this Case, which will result in a Gross Miscarriage of Justice, forwhich there is no adequate speedy Remedy in the Ordinary coarse of Law.

(3) Plaintiffs herein have served Discovery Demands on Nicklas Hoffman & NickolGerritsma, on two separate occasions, the first time they objected that discovery periodhad closed and refused to answer; The second time they have not provided any

response whatever, in total Violation of the Civil Discovery Statutes which has denied

Plaintiffs State & Federal Due Process of Law, & has deprived Plaintiffs of the ability to

prepare Dispositive motions including Summary Judgment Motion, & other dismissal

sanction Motions, or Judgment on the pleadings; & has further denied Plaintiffs the

ability to prepare for Trial;(4) Such denials have also contributed to a Gross Miscarriage of Justice.)a

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3. This Motion is based on this Notice, all the Pleadings in the Courts Case file, allCourt Orders & Rulings in the Courts Case file.

4. Wherefore Plaintiffs Pray to the Creator of Universe for the following Relief:(1) The Court takes Judicial Notice as Requested herein, & as Required by Law, andq(2) The Court Grants this Motion, andq(3) The Court issues an Order directing Defendants /Cross Complainants to Answer

the last Discovery Demands that were seived on them immediately & forthwith,&(4) The Court Orders the Trial Date rescheduled to at least 90 days into the future to

allow for completion of Discovery & for preparation & hearing of SummaryJudgment Motions & other dispositive Motions, &

(5) The Court issue monetary sanctions for the Cost of bringing this motion in the amountS 250 Dollars, &,

(6) The Court in the alternative issue an evidentiary sanction or a Dismissal SanctionDismissing Defendants Cross Complaint;

(7) The Court Grant any other Relief it Deems Right & Proper under all the Facts,Law & Equities of the Case.

On this day, the-24th-day-of-the-Tenth-month-of-two-thousand-twelve,

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Courtney Gillespiec/o P.O. Box 8323Porterville, California

Courtney Gillespie,Melody Gillespie,

Plaintiffs,

-VS-

Nicklas Hoffman;Et Al,

SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF TULARE

Case #: 10-238961

MEMORANDUM OF POINTS & AUTIIORITIESIN SUPPORT OF MOTION OF PLAINTIFFSMelody & Courtney GillespieFOR ORDER COMPELLING DEFENDANTSTO ANSWER DISCOVERY DEMANDSPREVIOUSLY SERVED ON THEM;& FOR SANCTIONS INCLUDING COST&/OR EVIDENTIARY OR DISMISSAL SANCTION& FOR AN ORDER RESCHEDULING THE TRIALDUE TO DELAY IN ANSWERINGDISCOVERY & INSUFFICIENT TIME TO BRINGSUMMARY JUDGMENTiADJUDICATION MOTION& OTHER DISPOSITORY MOTIONS

Defendants.

STATEMENT OF FACTSOn June 22,2012 the Court, Dept. 7 Judge Paul Vortman Granted a Motion to Bifurcate

Trials in this Case, and at that hearing stated on the Record that the Gillespies were going

to get their Discovery, & would be able to file the necessary Pretrial Motions, etc. Hethereafter Granted the Motion of Defendants Cross Complainants to Bifurcate the Trials in

this Case,& thereafter set the Trial Date for the Quiet Title filed by Cross Complainants. Inso doing the Court omitted any Order reopening Discovery as Required in the California

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Civil Discovery Act under the Code of Civil Procedure. Because this was not done theDefendants recently refused to comply with Discovery Demands & Requests of theGillespies, & only answered the prior served Discovery Demands & Requests with anobjection because the original Trial Date had come and gone & this Court did not issuean Order Re- Opening Discovery in this Case. Based upon the said objection, the Gillespieswere forced to bring a Motion for an Order re-opening Discovery, & allowing for pretrialMotions, etc. The Court Granted the Motion for an Order reopening Discoveryand this process took up at least 3* months of time from the first issuance of the firstDiscovery Demands to Defendants,until the courts Order Granting reopening of Discovery.

Thereafter Melodv Gillespie re served the said Discoverv Demands & more Discoverv

Demands to Nicklus Hoffmsn & Nickol Gerritsms, & said Defendants Failed & refused toanswer whatsoever, even failing to serve anv written response, not even obiections to the

Discoverv Demands, which has now caused Plaintiffs herein to huve to file this Motion to

Compel Answers to Discoverv, which is now the second Discoverv Motion csused bvDefendants taking up extra time & takins awav from the time Plaintiffs h)ould havehad to bring a Summarv Judgment Motion or other Dispositive Motions. In addition tothe forsoins, in the recent psst Plaintiff Melodv Gillespie slipped & fell inside the TulareCountv Superior Court , breaking a bone in her foot. which has also slowed her down to some

degree, having to go to a doctor, etc. After her foot has healed, she has hud to work doubleshifts ctt work of approximatelv 16 hours, which has taken awav from her abilitv to work onthis Cuse. Plaintiff Courtnev Gillespie also works full time & has been workins overtimeincluding 6 dav work weeks which tukes swav from his abilitv to work on this Csse. Since the

refusals of ssid Defendants.to answer discoverv, Plaintiffs have served s written meet and

confer letter in a good faith attempt to settle the dispute without the necessitv of going to court,

which was served bv US Mail on ssid Defendants on October 12, 2012. which was notresponded to bv Defendants, which has now caused the necessitv of bringing this Motion.

Because of the intentional delsvs & stallins. tactics of suid Defendunts Plaintiffs have not had

the opportunitv to obtain discoverv, prepqre pretrial Motions, or prepare for trial & will not be2B

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readv for trial at the present Trial date, which reqaires that this Court remove the Case from

the trial Calendsr & re schedule it for at least 90 davs in the future, which Plsintiffs herein

request this Court to do.

ISSUESI

THE COURT DEPT.7 JUDGE VORTMAN HAS STATED THATTHIS CASE SHOULD BE HEARD ON THE MERITS & THAT

THE Gillespies "WILL GET THEIR DISCOVERY" & ANOPPORTUNITY TO BRING APPROPRIATE

DISCOVERY & PRETRIAL MOTIONSA

EVEN AFTER THIS COURT GRANTED THE PRIOR MOTION TOREOPEN DISCOVERY DEFENDANTS CROSS COMPLAINANTSNICKLAS HOFFMAN & NICKOL GERRITSMA HAVE FAILED &

REFUSED TO RESPOND IN ANY WAY TO DISCOVERY DEMANDSSERVED ON THEM BY MAIL ON AUGUST 22 & 25 2012 INvIoLArroN?l;;Tf

-$'Jf'"?'i3H'"Jillt?f sIoNSB

SAID REFUSALS TO ANSWER DISCOVERY DENIED PLAINTIFFSTHEIR RIGHTS TO ADAQUATELY PREPARE PRETRIAL MOTIONS& TO PREPARE FOR ANY TRIAL IN THIS CASE WHICH NOWREQUIRES MORE TIME FOR DISCOVERY & RESCHEDULING OF

THE TRTAL DATE

CIF THE COURT DOES NOT GRANT THIS MOTION THE Gillespies

WILL BE DENIED THEIR RIGHTS TO STATE & FEDERALDUE PROCESS OF LAW & A FAIR IMPARTIAL TRIAL

INCLUDING THE RIGHT TO PREPARE EFFECTIVESUMMARY JUDGMENT/ADJUDICATION MOTIONS

OR OTHER DTSPOSITIVE MOTIONS BEFORE ANYTRIAL TO DISPOSB OF THE MATTERS BEFORE

THE COURT

INCORPORATION BY REFERENCE

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Movants herein, the Gillespiers hereby incorporate by Reference as if fully set forth herein,the Discovery Demands served on August 22 & 25 2012 by Mail, on Defendant /Cross

Complainants Nicklas Hoffman & Nickol Gerritsma which are attached as Exhibit # 1 to

the Accompanying Supporting Declaration Served & filed herewith this Motion, which ishereby made a part of this Motion, which Movants herein Request the Court to take

Judicial notice of Pursuant tot California Evidence Code Section 450-459. Movants further

incorporate by reference as if fully set forth the contents of Exhibit# 2 attached to the saidSupporting Declaration, which are : (1) Good faith Meet & Confer Letter, served by mailon Nicklas Hoffman & Nickol Gerritsma via their Attorney Robert Fletcher on October 12,

2012; (2) Letters of Attorney Robert Fletcher of 611212012;812412012;911112012;.9129/2012As set forth in the accompanying Declaration & herein above, the Judge Paul Vortmanstated previously in open Court at the hearing on the Motion of Nicklas Hoffman, Et El to

Bifurcate the Trial in this Case that the Gillespies "would get their Discovery", & would be

allowed to file necessary Discovery Motions & Pretrial Motions before any Trial. After

the Defendant Nicklas Hoffman & His Attornev heard this Coart make the above citedstatement that the Gillespies "would get their Discoverv", thev hsve done their utmost best

to make Judge Vortman out to be a Liar, in totallv ignoring the Discoverv Demands served

on Ausust 22 & 25, 2012 bv US First Mail. This has caused this Motion to be filed.

Furthermore, Regarding Discovery Motions,hereafter, that, there is no Requirement for u Separate Statement in a Discoverv Motionwhen there has been no ansreer to the Discoverv. In this case there has been noresponse to the Request, whatsoever.

Rule 3.1345. Format of discovery motions:

"(b) Separate statement not required A separate statement is not required when noresponse has been provided to the request for discovery."

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The California Supreme Court sat in Bank in 1961 in the Case of Greyhound Corp. vSuperior Court,56 Cal. 2d 355 [Sac. No. 7274.In Bank. Aug.3,1961], For the purpose ofsettling many outstanding questions concerning, what was then, the new Civil Discovery

Act for the State of California. Since that time the Duties under the Act of Parties to CivilActions in Culiforniq have become well settled. The provisions of the Act prettv h,ellspeak for themselves. California Code of Civil Proiedure Section 2030.210 Mandates the

following regurding Duties to respond to Intenogatories:

2030.210. (d The pqrtv to whom intewogatories have been propounded shall respond inwriting under oath separqtelv to each intewogatorv bv snv of the followins:(1) An answer containing the informstion sought to be discovered.(2t An exercise of thepartvts option to produce writings.(3) An obiection to the particulsr interrogatorv.(bt In the first parasrsph of the response immediqtelv below the title of the case, there shallappesr the identitv of the responding nartv, the set number, and the identity of the

propounding partv. kI Each answer, exercise of option, or obiection in the responseshsll bear the same identifving number or letter and be in the same sequence as the

cowesponding intewogatorv. but the text of thqt interrogatorv need not be repeated.

California Code of Civil Procedure Section CCP 2030.260 Mandates:

CCP 2030.260. (ut Within 30 dqvs after service of interrosatories. the partv to h'hom theinteryogatories are propounded shall serve the original of the response to them on thepropounding partv. unless on motion of the propounding partv the court has shortened the

time for response. or unless on motion of the resoonding nartv the court has extended the time

for response.

California Code of Civil Procedure Sections 2031.250 & 2031.260 provide the followingregarding demands for inspection, etc. :

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The California Supreme Court sat in Bank in 1961 in the Case of Greyhound Corp. vSuperior Courtr 56 Cal. 2d 355 [Sac. No. 7274.In Bank. Aug.3,1961], For the purpose ofsettling many outstanding questions concerning, what was then, the new Civil Discovery

Act for the State of California. Since thst time the Duties under the Act of Psrties to CivilActions in California have become well settled. The provisions of the Act prettv wellspeak for themselves. California Code of Civil Probedure Section 2030.210 Mandates the

following regarding Duties to respond to Interrogatories:

2030.210. (d The partv to whom interrogatories have been propounded shsll respond inwriting under oath separatelv to each interyogstorv bv anv of the following:(11An answer containing the informstion sought to be discovered.(2t An exercise of thepsrtv's option to produce writings.(3) An obiection to the pqrticular interrogstorv.(bt Jn the first parugrsph of the response immediatelV below the title of the case, there shsllappear the identity of the responding partv, the set number, and the identitv of the

propounding partv. (cI Each snsh)er. exercise of option, or obiection in the responseshsll bear the same identifving number or letter and be in the same sequence as the

corresponding interrogatorv, but the text of that intenogatorv need not be repeated.

California Code of Civil Procedure Section CCP 2030.260 Mandates:

CCP 2030.260. (al Within 30 davs after service of interrosatories, the partv to whom theinterrogstories are propounded shall serve the originsl of the response to them on thepropounding partv. unless on motion of the propounding partv the court has shortened the

time for response, or unless on motion of the responding purtv the court has extended tlxe time

fouetpaa;g,

California Code of Civil Procedure Sections 2031.250 & 2031.260 provide the followingregarding demands for inspection, etc. :

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"2037.250. (a) Thdirected shall sign the response under oath unless the response contains onlv obiections."

"2031.260. (s) Vsampling, the partv to whom the demand is directed shsll serve the original of the response to

it on the partv making the demand, and a copv of the response on sll other purties who have

sppesred in the sction, unless on motion of the partv making the demand, the court has

shortened the time for response, or unless on motion of the partv to whom the demand has

been directed. the court has extended the time for response."

This Court in its order settins a Trial Date at the 6/ 22/12 hearins allowed about 6 months

before that date for Discoverv & Pretrial Motions, Etc., but fsiled to stute in itts Order that

it was reopening Discoverv, thereafter the Defendsnts Cross Complainants plaved thst

omission to the hilt, even though thev well heard the Courts statement ut the hearing that

the Court intended there to be discoverv, which bad faith tactics exhausted 3 r months in

obtaining sn Order reopening the Record v,ith a clesr Order so there could be no more

excuses bv the Defendants left to dodge or avoid answering Discoverv Demsnd* us the

Discoverv Demands alreadv served are needed to prove & support specific sllegutions against

Mr. Hoffman, including that he is a fubricator, s lisr, periurer & has no credibilitv as a

witness whatsoever, & has committed knowing fraud & deception on the Gillespies, the

Courts.& the Public, among other criminal conduct which will be used in a Motion to

Dismiss for Bresch of the Clean Hands Doctrine, & for evidence at snv trial in this

Case. The Discoverv Requests previouslv filed in the Court Record in this Case with

the prior Motion to reopen Discoverv , attsched as Exhibit 1, & the responses of Hoffmanvia his Counsel speuk for themselves: though he wants further responses from the Gillespies

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to discoverv alreadv answered, Ixe refuses to provide snv answers on the merits or to produce

anvthing requested in recent Discoverv Demands of the Gillespies. The ample Discoverv

Demends served on Nicklas & Nickol in Exhibits uttached to the Declaration in support of

this Motion are essentisl in establishins qll matters avewed & claimed bv Plsintiffs in this

appropriate Order Directing Hoffman & Gerritsma to answer on the Merits of the Requests.

or that he be sanctioned if he fails to do so. Also attached us Ex. 2 is the Good faith attempt

to settle this dispute out of court before bringing this Motion, tehich was served bv mail

on 10/12/2012, which attem,' wss not res -ded to bv H,otfman or his Attornev, but totallv

ignored, which left no choice but to bring this Motion,which this Court is now requested to

Grant,& to issue the appropriate Relief . including an Order removing the Case from the Trial

Calsnder, & rescheduling the trial for 90 davs into the future to allow for completion of

Discoverv & Necessarv Pretrial Dispositive Motions, previouslv mentioned herein.

CONCLUSION

Based upon all the foregoing Movants herein respectfully Request that this Court Grant

this Motion & issue an Order Directing Defendants to answer the Discovery previously

served on them, and removing the Case from the trial Calender, rescheduling it for at least

90 days into the future to allow time to complete discovery & pretrial Motions before any

trial is had.Movants also request the court Grant them costs of this Motion as a sanction up

to 250 dollars, or in the alternative issue an Order dismissing the Defendants Cross

Complainants Cross Complaint as a sanction for continuous bad faith delays & tactics

intending to deny due process of law to Plaintiffs, with disregard for the Courts prior

Orders, Statements & intentions, on the Record. Plaintiffs finally request this Court grant

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them any other relief it deems appropriate under all the facts, Equities, & Law of this Case.

Respectfully Presented,

On this day, the-Z4th -day-of-the-Tenth-month-of-two-thousand-twelve,

Courtney Gillespie

Melody Gillespie

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Courtney Gillespie, Melody Gillespie

c/o P.O. Box 8323Porterville, California

Courtne.v" Gillespie.Melody Gillespie,

Plaintiffs,

-VS-

Nicklas Hoffman;Et Al,

SUPERIOR COURT OF THE STATE OF CALIFORNIAFOR THE COUNTY OF TULARE

Case #: 10-238961

DECLARATION OF PLAINTIFFS Gillespies'IN SUPPORT OF MOTION OF PLAINTIFFSTO COMPEL ANSWERS TO DISCOVERY. ETC.

Defendants.

l. We the undersigned say & Declare :2. We were witness to and have direct personal Knowledge of the following matters

of fact & law, & we are competent to testify to the truth of the same if we arecalled upon to do so, & we will so testify if called upon.

3. We were present at the hearing before Dept. 7, before Judge Paul Vortman onJune 22, 2012, on the Motion of Defendants / Cross Complainants for'oBifurcation".

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4. At said hearing said Judge clearly stated on the record that the Gillespies "weregoing to get their Discovery" & were going to be able to bring their pre trialMotions, & whatever Motions were relevant to the Case, before any Trial was hadin the case.

5. Thereafter the Court Granted the Motion for Bifurcstion & set a dqte for Trial.however the Court failed to to set anv dates for pretrial Motions & Discoverv in theCuse, & the defbndant Nicklas Hoffman has refused to answer unv Discoverv inthe Case because of the provisions in the CCP relating to Discoverv deudlines thatsav there is no Discoverv sllora,ed after 30 davs before the first Trial dq.te set bv theCourt. & the fuct fust the Court hscome & gone due to the proceedings in Bqnkruptcv & proceedings in FederslDistrict Court.

6. Nicklas lloffman & his Attorney were at the hearing & heard the Court state thatthe Gillespies will get their Discovery, but instead Hoffman, via his Counsel, issuedObjections to the Discovery Requests,which were filed with this Court with the lastMotion to reopen discovery, which the Court can take Judicial Notice of in the Courts

Case File.

7. Since said events the Court Granted the Gillespies Motion to reopen Discovery, which

process took up over 3 months, which has taken away from the time the Gillespies would

have had to prepare pretrial Motions to Dispose of Defendants Cross Complaint in aSummary Judgment Motion, etc., & to prepare for any Trial in this Case.

8. Now Defendants Nicklas Hoffman & Nickol Gerritsma have totally failed & refused toprovide any response whatsoever to Plaintiffs Discovery Demands Violating the CivilDiscovery Act & Plaintiffs Due Process Rights, which has now denied the Gillespies

the ability to prepare adequate Pretrial Motions, including Summary Judgment/

Adjudication Motion, or other dispositive Motions in this Case, & has denied Plaintiffsthe ability to adequately prepare for Trial, which will result in a Gross Miscarriage of

Justice if this Court does not take immediate Action Correcting the situation including

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issuing an Order rescheduling the Trial Date for at least 90 days into the future toallow for the completion of Discovery & Pretrial Motions before any Trial.

9. GOOD FAITH ATTEMPT TO MEET AND CONFER :

Since the Discovery Disputes arose in this Case Plaintiffs Gillespies have made atleast2

attempts to settle these matters out of court, to avoid the necessity to bring this Motion,

the first being in June 2012,4 months ago, the second recently mailed to defendants on

October 12r2012, but the attempts were not answered both times, the latest attempt &settlement proposal being served by mail on said Defendants.

10. If this Court does not Grant this Motion Plaintiffs will be Denied their State & FederalDue Process Rights, including the Right to Discovery, Preparation of essential Pretrial

Motions, including Summary Judgment / Adjudication Motionl & other DispositiveMotions to Dispose of the Actions without necessity of Trial, as well as the Right to

adequately Prepare for any Trial, should it become necessary in these Cases.

11. Based upon the foregoing Movants herein request that this Court Grant this Motion &issue the Relief Requested, & any other Relief the Court Deems Right & Proper underall the facts, Equities & Law of this Case.

-DECLARATION-[, Courtney Gillespie, a Plaintiff herein, hereby declare under penalty of perjuryunder the Laws of the State of California that the foregoing is true and correct.I, Melody Gillespie, a Plaintiff herein do declare under penalty of perjuryunder the Laws of the State of California that the foregoing is true and correct.

On this day, the- 24th-d,ay- of-the-Tenth -month-of-T.h:lt ?"dfl,-/:-

PROOF OF SERVICEI the undersigned hereby declare under penalfy of perjury under the laws ofthe state of California that I served the here attached document described as:

NOTICE OF & MOTION OF Melody & Courtney Gillespie FOR ORDERCOMPELLING DEFENDANT TO ANSWER DISCOVERY DEMANDS PREVIOUSLYSERVED ON THEM; & FOR SANCTIONS INCLUDING COSTS &/OREVIDENTIARY OR DISMISSAL SANCTION, & FOR AN ORDER RESCIIEDULINGTHE TRIAL DUE TO DELAY IN ANSWERING DISCOVERY & II{SUFFICIENT TIMETO BRING SUMMARY JUDGMENT / ADJUDICATION MOTION & OTHERDISPOSITORY MOTIONS, ETC.

On the day of /O 12fl2012 on the parties named below at the addresses to follow:

DEFENDANTS NICKLAS HOFFMAN. ET AL.C/O: ATTORNEY OF RECORD ROBERT J. FLETCHERP.O. BOX 824, Tulare, Ca. 93274.

Said Service was by personal service at the designated location fro service on DefendantsAttorney Robert Fletcher, 139 E. Tulare, Tulare California. I am not a party to thewithin Cause of Action. I am over the age of Eighteen Years . My business addressis: [934 W. Henderson, Porterville California,93257l P.M.B. #:132. Executed by my

hand on this day,the 24th day of October ,2012, in the Republic of California,Tulare County

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EXHIBIT PAGEINDEX OF EXHIBITS

#1: THE DISCOVERY DEMANDS SERVED ON AUGUST 22 & 25 2012 BY MAIL, ONDEFENDANT /CROSS COMPLAINANTS NICKLAS HOFFMAN & NICKOLGERRITSMA

#22 (l) Good faith Meet & Confer Letter, served by mail on Nicklas Hoffman& Nickol Gerritsma via their Attorney Robert Fletcher on October 12,2012; (2) Letters of Attorney Robert Fletcher of 6ll2l20t2;812412012;9llll20l2: 912912012

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ATTORNEY OR PARTY WITHOUT ATTORNEY (Name,Melody Gillespie,

-

c/o P.O. Box 8323,Porterville, C alifomia, 9 325 7

TELEPHONE NO.:FlxNO. (Optional):E-MAIL ADDRESS (Optional):ATTORNEY FOR lName;: N.A.

State Bar number, and address):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF TULARE221 s. MoonevBlvd.. Visalia. California. 93291-4593

SHORT TITLE OF CASE:

Gillespie VS HoffmenFORM INTERROGATORI ES_GEN ERAL

Melody Gillespie

Nicklas HoffmanI

Asking Party:

Answering Party:Set No.:

CASE NUMBER:

r0-238961

Sec. 1. Instructions to All Parties(a) Interrogatories are written questions prepared by a partyto an action that are sent to any other pa(y in the action to beanswered under oath. The interrogatories below are forminterrogatories approved for use in civil cases.(b) For time limitations, requirements for service on otherparties, and other details, see Code of Civil Proceduresections 2030.010-2030.410 and the cases construing thosesections.(c) These form interrogatories do not change existing lawrelating to interrogatories nor do they affect an answeringpa(y's right to assert any privilege or make any objection.Sec. 2. lnstructions to the Asking Party(a) These interrogatories are designed for optional use byparties in unlimited civil cases where the amount demandedexceeds $25,000. Separate interrogatories, Formlnterrogatories-Limited Civil Cases (Economic Litigation)(form DISC-004), which have no subparts, are designed foruse in limited civil cases where the amount demanded is$25,000 or less; however, those interrogatories may also beused in unlimited civil cases.(b) Check the box next to each interrogatory that you wantthe answering party to answer. Use care in choosing thoseinterrogatories that are applicable to the case.(c) You may insert your own definition of INCIDENT inSection 4, but only where the action arises from a course ofconduct or a series of events occurring over a period of time.(d) The interrogatories in section 'l 6.0, Defendant'sContentions-Personal Injury, should not be used until thedefendant has had a reasonable opportunity to conduct aninvestigation or discovery of plaintiffs injuries and damages.(e) Additional interrogatories may be attached.Sec. 3. lnstructions to the Answering Party(a) An answer or other appropriate response must begiven to each interrogatory checked by the asking party.(b) As a general rule, within 30 days after you are servedwith these interrogatories, you must serve your responses onthe asking party and serve copies ofyour responses on allother parties to the action who have appeared. See Code ofCivil Procedure sections 2030.260-2030.270 for details.Form Approved for Optional Use

Judicial Council of CalifomiaDISC-001 IRev. January 1, 20081

(c) Each answer must be as complete and straightfonruardas the information reasonably available to you, including theinformation possessed by your attorneys or agents, permits. lfan interrogatory cannot be answered completely, answer it tothe extent possible.(d) lf you do not have enough personal knowledge to fullyanswer an interrogatory, say so, but make a reasonable andgood faith effo( to get the information by asking other personsor organizations, unless the information is equally available tothe asking party.(e) Whenever an interrogatory may be answered byreferring to a document, the document may be attached as anexhibit to the response and referred to in the response. lf thedocument has more than one page, refer to the page andsection where the answer to the interrogatory can be found.(f) Whenever an address and telephone number for thesame person are requested in more than one interrogatory,you are required to furnish them in answering only the firstinterrogatory asking for that information.(S) lf you are asserting a privilege or making an objection toan interrogatory, you must specifically assert the privilege orstate the objection in your written response.(h) Your answers to these interrogatories must be verified,dated, and signed. You may wish to use the following form atthe end of your answers:

I declare under penalty of perjury under the laws of theState of California that the foregoing answers are true andcorrect.

(DATE) (SIGNATURE)

Sec. 4. DefinitionsWords in BOLDFACE CAPITALS in these interrogatories

are defined as follows:(a) (Check one of the following):t-l (1) INCIDENT includes the circumstances and

events surrounding the alleged accident, injury, orother occurrence or breach of contract giving rise tothis action or proceeding.

Page 1 of 8

Code of Civil Procedure,ss 2030.01 0-2030.41 0, 2033.71 0

ww.courtinfo.ca.govFORM INTERROGATORIES-GE NERAL

Includes all circumstances. events. & actslleged by Plaintiff Melody & Courtneyillespie in the instant Action in Case:10- 238961

Z tZl INCIDENT means (insert your definition here oron a separate, attached sheet labeled "Sec.

(b) Youincludes you, your agents, your employees, your insurancecompanies, their agents, their employees, your attorneys, youraccountants, your investigators, and anyone else acting onyour behalf.(c) PERSON includes a natural person, firm, association,organization, partnership, business, trust, limited liabilitycompany, corporation, or public entity.

(d) DOCUMENT means a writing, as defined in EvidenceCode section 250, and includes the original or a copy ofhandwriting, typewriting, printing, photostats, photographs,electronically stored information, and every other means ofrecording upon any tangible thing and form of communicatingor representation, including letters, words, pictures, sounds, orsymbols, or combinations of them.

(e) HEALTH CARE PROVIDER includes any PERSONreferred to in Code of Civil Procedure section 667.7(e)(3).(f) ADDRESS means the street address, including the city,state, and zip code.

Sec. 5. InterrogatoriesThe following interrogatories have been approved by theJudicial Council under Code of Civil Procedure section 2033.710:

CONTENTS1.0 ldentity of Persons Answering These Interrogatories2.0 General Background Information-lndividual3.0 General Background lnformation-Business Entity4.0 Insurance5.0 fReserved]6.0 Physical, Mental, or Emotional Injuries7.0 Property Damage8.0 Loss of Income or Earning Capacity9.0 Other Damages

10.0 Medical History11.0 Other Claims and Previous Claims1 2.0 | nvestigation-General'l 3.0 Investigation-Surveillance14.0 Statutory or Regulatory Violations15.0 Denials and Special or Affirmative Defenses16.0 Defendant's Contentions Personal Injury17.0 Responses to Request for Admissions18.0 [Reserved]19.0 [Reserved]20.0 How the Incident Occurred-Motor Vehicle25.0 [Reserved]30.0 [Reserved]40.0 [Reserved]50.0 Contract60.0 /Reserved/70.0 Unlawful Detainer /See separate form DISC-0031

101.0 Economic Litigation [See separate form DISC-004]200.0 Employment Law /See separaf e form DISC-0021

Family Law [See separate form FL-145]

Drsc-0011.0 ldentity of Persons Answering These InterrogatoriesZ ll State the name, ADDRESS, telephone number, and

relationship to you of each PERSON who prepared orassisted in the preparation of the responses to theseinterrogatories. (Do not identify anyone who simply typed orre p rod u ce d fhe responses.,)

2.0 General Background lnformation-individualM z.t state:

(a) your name;(b) every name you have used in the past; and(c) the dates you used each name.

Z Z.Z State the date and place of your birth.Y Z.ZAI the time of the INCIDENT, did you have a driver's

license? lf so state:(a) the state or other issuing entity;(b) the license number and type;(c) the date of issuance; and(d) all restrictions.

V Z.q At the time of the INCIDENT, did you have any otherpermit or license for the operation of a motor vehicle? lf so,state:(a) the state or other issuing entity;(b) the license number and type;(c) the date of issuance; and(d) all restrictions.

M z.s state,(a) your present residence ADDRESS;(b) your residence ADDRESSES for the past five years; and(c) the dates you lived at each ADDRESS.

M z.o stut",(a) the name, ADDRESS, and telephone number of yourpresent employer or place of self-employment; and

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

[Z z.z state'(a) the name and ADDRESS of each school or otheracademic or vocational institution you have attended,beginning with high school;

(b) the dates you attended;(c) the highest grade level you have completed; and(d) the degrees received.

V Z A Have you ever been convicted of a felony? lf so, foreach conviction state:(a) the city and state where you were convicted;(b) the date of conviction;(c) the offense; and(d) the court and case number.

A Z.g Can you speak English with ease? lf not, whatlanguage and dialect do you normally use?

V Z.lO Can you read and write English with ease? lf not, whatlanguage and dialect do you normally use?

DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES_GENERAL Page 2 of 8

Y Zll At the time of the INGIDENT were you acting as anagent or employee for any PERSON? lf so, state:(a) the name, ADDRESS, and telephone number of that

PERSON: and(b) a description of your duties.V Zn At the time of the INCIDENT did you or any other

person have any physical, emotional, or mental disability orcondition that may have contributed to the occurrence of theINCIDENT? lf so, for each person state:(a) the name, ADDRESS, and telephone number;(b) the nature of the disability or condition; and(c) the manner in which the disability or condition

contributed to the occurrence of the INCIDENT.

Z ZiS Within 24 hours before the |NC|DENT did you or anyperson involved in the INCIDENT use or take any of thefollowing substances: alcoholic beverage, marijuana, orother drug or medication of any kind (prescription or not)? lfso, 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:

3.0

a

(f) the name, ADDRESS, and telephone number of eachperson who was present when each substance was usedortaken; and

(g) the name, ADDRESS, and telephone number of anyHEALTH CARE PROVIDER who prescribed or furnishedthe substance and the condition for which it wasprescribed or furnished.

General Background Information-Business Entity3.1 Are you a corporation? lf so, state:(a) the name stated in the current articles of incorporation;(b) all other names used by the corporation during the past

10 years and the dates each was used;(c) the date and place of incorporation;(d) the ADDRESS of the principal place of business; and(e) whether you are qualified to do business in California.3.2 Are you a partnership? lf so, state:(a) the current partnership name;(b) all other names used by the partnership during the past

10 years and the dates each was used;(c) whetheryou are a limited partnership and, if so, under

the laws of what jurisdiction;(d) the name and ADDRESS of each general partner; and(e) the ADDRESS of the principal place of business.3.3 Are you a limited liability company? lf so, state:(a) the name stated in the current articles of organization;(b) all other names used by the company during the past 10

years and the date each was used;the date and place of filing of the articles of organization;the ADDRESS of the principal place of business; andwhether you are qualified to do business in California.

Dlsc,001V) 3.4 Are you a joint venture? lf so, state:(a) the current joint venture name;

(b) all other names used by the joint venture during thepast 10 years and the dates each was used;

(c) the name and ADDRESS of each joint venturer; and(d) the ADDRESS of the principal place of business.E g.S Are you an unincorporated association?

lf so, state:(a) the current unincorporated association name;(b) all other names used by the unincorporated association

during the past 10 years and the dates each was used;and

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

E g.O Have you done business under a fictitious name duringthe past 10 years? lf 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; and(d) the ADDRESS of the principal place of business.

V Sl Withinthepastfiveyears has any public entity regis-tered or licensed your business? lf so, for each license orregistration:(a) identify the license or registration;(b) state the name of the public entity; and(c) state the dates of issuance and expiration.

4.0 lnsuranceV ql At the time of the INGIDENT, was there in effect any

policy of insurance through which you were or might beinsured in any manner (for example, primary, pro-rata, orexcess liability coverage or medical expense coverage) forthe damages, claims, or actions that have arisen out of theINCIDENT? lf so, for each policy state:

the kind of coverage;the name and ADDRESS of the insurance company;the name, ADDRESS, and telephone number of eachnamed insured;the policy number;the limits of coverage for each type of coverage con-tained in the policy;

(a)(b)(c)

(d)(e)

V

n

(f) whether any reservation of rights or controversy orcoverage dispute exists between you and the insurancecompany; and

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

4.2 Are you self-insured under any statute for the damages,claims, or actions that have arisen out of the INGIDENT? lfso, specify the statute.

[Reserved]Physical, Mental, or Emotional Injuries6.1 Do you attribute any physical, mental, or emotionalinjuries to the INCIDENT? (/f your answer is "no," do notanswer interrogatories 6.2 through 6.7).

6.2 ldentify each injury you attribute to the INCIDENT andthe area of your body affected.

(c)(d)(e)

a

5.0

6.0

V

n

DISC-oo'1 lRev. January '1, 20081 FORM INTERROGATORIES_GE N ERAL Page 3 of I

E O.S Do you still have any complaints that you attribute tothe INCIDENT? lf so, for each complaint state:(a) a description;(b) whether the complaint is subsiding, remaining the same,

or becoming worse; and(c) the frequency and duration.

A A.+ Did you receive any consultation or examination(except from expert witnesses covered by Code of CivilProcedure sections 2034.210-2034.310) or treatment from aHEALTH CARE PROVIDER for any injury you attribute tothe INCIDENT? lf so, for each HEALTH CARE PROVIDERstate:(a) the name, ADDRESS, and telephone number;(b) the type of consultation, examination, or treatment

provided;(c) the dates you received consultation, examination, or

treatment: and(d) the charges to date.

E O S Have you taken any medication, prescribed or not, as aresult of injuries that you attribute to the INCIDENT? lf so,for each medication state:(a) the name;(b) the PERSON who prescribed or furnished it;(c) the date it was prescribed or furnished;(d) the dates you began and stopped taking it; and(e) the cost to date.

E O.O Are there any other medical services necessitated bythe injuries that you attribute to the INCIDENT that were notpreviously listed (for example, ambulance, nursing,prosthetics)? lf so, for each service state:(a) the nature;(b) the date;(c) the cost; and(d) the name, ADDRESS, and telephone number

of each orovider.

V Al Has any HEALTH CARE PROVIDER advised that youmay require future or additional treatment for any injuriesthat you attribute to the INGIDENT? lf so, for each injurystate:(a) the name and ADDRESS of each HEALTH CARE

PROVIDER:(b) the complaints for which the treatment was advised; and(c) the nature, duration, and estimated cost of the

treatment.

7.0 Property Damagel{ | 7.1 Do you attribute any loss of or damage to a vehicle or

other property to the INCIDENT? lf so, for each item ofpropefty:(a) describe the property;(b) describe the nature and location of the damage to the

property;

Drsc-001(c) state the amount of damage you are claiming for each

item of property and how the amount was calculated; and(d) if the property was sold, state the name, ADDRESS, and

telephone number of the seller, the date of sale, and thesale price.

Z l.Z Has a written estimate or evaluation been made for anyitem of property referred to in your answer to the precedinginterrogatory? If so, for each estimate or evaluation state:(a) the name, ADDRESS, and telephone number of the

PERSON who prepared it and the date prepared;(b) the name, ADDRESS, and telephone number of eachPERSON who has a copy of it; and

(c) the amount of damage stated.

V) Z.S Has any item of property referred to in your answer tointerrogatory 7.1 been repaired? lf so, for each item state:(a) the date repaired;(b) a description of the repair;(c) the repair cost;(d) the name, ADDRESS, and telephone number of the

PERSON who repaired it;(e) the name, ADDRESS, and telephone number of the

PERSON who paid for the rePair.

8.0 Loss of Income or Earning CapacityV Al Do you attribute any loss of income or earning capacity

to the INCIDENT? (/f your answer is "no," do not answerinterrogatories 8.2 through 8.8).

17 s.z state'(a) the nature of your work;(b) your job tltle at the time of the INGIDENT; and(c) the date your employment began.

E a.s State the last date before the INGIDENT that youworked for compensation.

V A.+ State your monthly income at the time of the INCIDENTand how the amount was calculated.

E A S State the date you returned to work at each place ofemployment following the INCIDENT.

E g O State the dates you did not work and for which you lostincome as a result of the INCIDENT.

V g.l State the total income you have lost to date as a resultof the INCIDENT and how the amount was calculated.

E a.a Will you lose income in the future as a result of theINCIDENT? lf so, state:(a) the facts upon which you base this contention;(b) an estimate of the amount;(c) an estimate of how long you will be unable to work; and(d) how the claim for future income is calculated.

DISC-o01 [Rev. January 1,2008] FORM INTERROGATORIES-GEN ERAL Page 4 of 8

9.0 Other Damages

Z g.l Are there any other damages that you attribute to theINCIDENT? lf so, for each item of damage state:(a) the nature;(b) the date it occurred;(c) the amount; and(d) the name, ADDRESS, and telephone number of each

PERSON to whom an oblioation was incurred.

A g.Z Do any DOCUMENTS support the existence or amountof any item of damages claimed in interrogatory 9.1? lf so,describe each document and state the name, ADDRESS,and telephone number of the PERSON who has eachDOCUMENT.

10.0 MedicalHistoryZ rc: At any time before the INGIDENT did you have com-

plaints or injuries that involved the same part of your bodyclaimed to have been iniured in the INCIDENT? lf so. foreach state:(a) a description of the complaint or injury;(b) the dates it began and ended; and(c) the name, ADDRESS, and telephone number of each

HEALTH CARE PROVIDER whom you consulted orwho examined or treated vou.

l{ | 10.2 List all physical, mental, and emotional disabilities youhad immediately before the INGIDENT. (You may omitmental or emotional disabilities unless you attribute anymental or emotional injury to the INCIDENT.)

f f O.e At any time after the INCIDENT, did you sustaininjuries of the kind for which you are now claimingdamages? lf so, for each incident giving rise to an injurystate:(a) the date and the place it occurred;(b) the name, ADDRESS, and telephone number of any

other PERSON involved;(c) the nature of any injuries you sustained;(d) the name, ADDRESS, and telephone number of each

HEALTH CARE PROVIDER who you consulted or whoexamined or treated you; and

(e) the nature of the treatment and its duratlon.1 1.0 Other Claims and Previous Claims

11.1 Except for this action, in the past'10 years have youfiled an action or made a written claim or demand forcompensation for your personal injuries? lf so, for eachaction, claim, or demand state:(a) the date, time, and place and location (closest street

ADDRESS or intersection) of the INCIDENT giving riseto the action, claim, or demand;

(b) the name, ADDRESS, and telephone number of eachPERSON against whom the claim or demand was madeor the action filed,

Dtsc-001(c) the court, names of the parties, and case number of any

action filed;(d) the name, ADDRESS, and telephone number of any

attorney representing you ;(e) whether the claim or action has been resolved or is

pending; and(f) a description of the injury.

V f.2 In the past 10 years have you made a written claim ordemand for workers' compensation benefits? lf so, for eachclaim or demand state:(a) the date, time, and place of the INCIDENT giving rise to

the claim;(b) the name, ADDRESS, and telephone number of your

employer at the time of the injury;(c) the name, ADDRESS, and telephone number of the

workers'compensation insurer and the claim number;(d) the period of time during which you received workers'

compensation benefits;(e) a description of the injury;(f) the name, ADDRESS, and telephone number of any

HEALTH CARE PROVIDER who provided services; and(g) the case number at the Workers' Compensation Appeals

Board.

12.0 Investigation-GeneralV n: State the name, ADDRESS, and telephone number of

each individual:(a) who witnessed the INGIDENT or the events occurring

immediately before or after the INCIDENT;(b) who made any statement at the scene of the INCIDENT;(c) who heard any statements made about the INCIDENT by

any individual at the scene; and(d) who YOU OR ANYONE ACTING ON YOUR BEHALF

claim has knowledge of the INCIDENT (except forexpert witnesses covered bv Code of Civil Proceduresection 2034).

V p.z Have YOU OR ANYONE ACTING ON YOURBEHALF interviewed any individual concerning the!NCIDENT? lf so, for each individual state:(a) the name, ADDRESS, and telephone number of the

individual interviewed ;(b) the date of the interview; and(c) the name, ADDRESS, and telephone number of the

PERSON who conducted the interview.

Y Q3 Have YOU OR ANYONE ACTING ON YOURBEHALF obtained a written or recorded statement from anyindividual concerning the INCIDENT? lf so, for eachstatement 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; and(d) the name, ADDRESS, and telephone number of each

PERSON who has the original statement or a copy.

DISC-oo'1 [Rev. January 1, 2008] FORM INTERROGATORIES_GEN E RAL Page 5 of 8

Y n.q Do yoU oR ANyoNE AcrNG oN youR BEHALFknow of any photographs, films, or videotapes depicting anyplace, object, or individual concerning the INCIDENT orplaintiffs injuries? lf so, state:(a) the number of photographs or feet of film or videotape;(b) the places, objects, or persons photographed, filmed, or

videotaped;(c) the date the photographs, films, or videotapes were

taken;(d) the name, ADDRESS, and telephone number of theindividual taking the photographs, films, or videotapes;and

(e) the name, ADDRESS, and telephone number of eachPERSON who has the original or a copy of thephotographs, films, or videotapes.

Sn 25 Do YOU OR ANYONE ACTING ON YOUR BEHALF-

know of any diagram, reproduction, or model of any place orthing (except for items developed by expert witnessescovered by Code of Civil Procedure sections 2034.210-2034.310) concerning the INCIDENT? lf so, for each itemstate:(a) the type (i.e., diagram, reproduction, or model);(b) the subject matter; and(c) the name, ADDRESS, and telephone number of each

PERSON who has it.

Vf 12.6 Was a report made by any PERSON concerning the-

INCIDENT? lf so, state:(a) the name, title, identification number, and employer of

the PERSON who made the report;(b) the date and type of report made;(c) the name, ADDRESS, and telephone number of the

PERSON for whom the report was made; and(d) the name, ADDRESS, and telephone number of each

PERSON who has the original or a copy of the report.

f, tz.t Have YOU OR ANYONE ACTING ON YOURBEHALF inspected the scene of the INCIDENT? lf so, foreach inspection state:(a) the name, ADDRESS, and telephone number of the

individual making the inspection (except for expertwitnesses covered by Code of Civil Proceduresections 2034.210-2034.3 1 0); and

(b) the date of the inspection.1 3.0 Investigation-Surveillance

@ lS.t Have YOU OR ANYONE ACTING ON YOUR BEHALFconducted surveillance of any individual involved in theINCIDENT or any party to this action? lf so, for each sur-veillance 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; and(d) the name, ADDRESS, and telephone number of each

PERSON who has the original or a copy of anysurveillance photograph, film, or videotape.

Dtsc-001V B.ZH". "

*itt"n report been prepared on thesurveillance? lf 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; and(d) the name, ADDRESS, and telephone number of each

PERSON who has the original or a copy.'14.0 Statutory or Regulatory ViolationsA u.t Do you oR ANyoNE AcrNG oN youR BEHALF

contend that any PERSON involved in the INCIDENTviolated any statute, ordinance, or regulation and that theviolation was a legal (proximate) cause of the INCIDENT? lfso, identify the name, ADDRESS, and telephone number of

. each PERSON and the statute, ordinance, or regulation thatwas violated,

Z U2 Was any PERSON cited or charged with a violation ofany statute, ordinance, or regulation as a result of thisINCIDENT? lf so, for each PERSON state:(a) the name, ADDRESS, and telephone number of the

PERSON;(b) the statute, ordinance, or regulation allegedly violated;(c) whether the PERSON entered a plea in response to the

citation or charge and, if so, the plea entered; and(d) the name and ADDRESS of the court or administrative

agency, names of the parties, and case number.

15.0 Denials and Special or Affirmative Defenses

A rc: ldentify each denial of a material allegation and eachspecial or affirmative defense in your pleadings and foreacn:(a) state all facts upon which you base the denial or special

or affirmative defense;(b) state the names, ADDRESSES, and telephone numbers

of all PERSONS who have knowledge of those facts;and

(c) identify all DOGUMENTS and other tangible things thatsupport your denial or special or affirmative defense, andstate the name, ADDRESS, and telephone number ofthe PERSON who has each DOCUMENT.

16.0 Defendant's Contentions-Personal InjuryV rc: Do you contend that any PERSON, other than you or

plaintiff, contributed to the occurrence of the INCIDENT orthe injuries or damages claimed by plaintiff? lf so, for eachPERSON:(a) state the name, ADDRESS, and telephone number of

the PERSON:(b) state all facts upon which you base your contention;(c) state the names, ADDRESSES, and telephone numbers

of all PERSONS who have knowledge of the facts; and(d) identify all DOCUMENTS and other tangible things that

support your contention and state the name, ADDRESS,and teleohone number of the PERSON who has eachDOCUMENT orthing.

Z rc.2 Do you contend that plaintiff was not injured in theINCIDENT? lf so:(a) state all facts upon which you base your contention;(b) state the names, ADDRESSES, and telephone numbers

of all PERSONS who have knowledge of the facts; and(c) identify aIIDOGUMENTS and othertangible things that

support your contention and state the name, ADDRESS,and teleohone number of the PERSON who has eachDOCUMENT or thing.

DISC-001 [Rev. January 1, 2008] FORM INTERROGATORIES_GEN ERAL Page 6 of 8

l/ | 16.3 Do you contend that the injuries orthe extent of theinjuries claimed by plaintiff as disclosed in discoveryproceedings thus far in this case were not caused by theINCIDENT? lf so, for each injury:(a) identify it;(b) state all facts upon which you base your contention;(c) state the names, ADDRESSES, and telephone numbers

of all PERSONS who have knowledge of the facts; and(d) identify all DOGUMENTS and other tangible things thatsupport your contention and state the name, ADDRESS,and telephone number of the PERSON who has eachDOCUMENT or thing.

f] lO.+ Do you contend that any of the services furnished byany HEALTH CARE PROVIDER claimed by plaintiff indiscovery proceedings thus far in this case were not due tothe INCIDENT? lf so:(a) identify each service;(b) state all facts upon which you base your contention;(c) state the names, ADDRESSES, and telephone numbers

of all PERSONS who have knowledge of the facts; and(d) identify all DOCUMENTS and other tangible things thatsupport your contention and state the name, ADDRESS,and teleohone number of the PERSON who has eachDOCUMENT or thing.

|-_] f O.S Do you contend that any of the costs of servicesfurnished by any HEALTH CARE PROVIDER claimed asdamages by plaintiff in discovery proceedings thus far inthis case were not necessary or unreasonable? lf so:(a) identify each cost;(b) state all facts upon which you base your contention;(c) state the names, ADDRESSES, and telephone numbers

of all PERSONS who have knowledge of the facts; and(d) identify all DOCUMENTS and othertangible thingsthat

support your contention and state the name, ADDRESS,and telephone number of the PERSON who has eachDOCUMENT or thing.

f f O.O Do you contend that any part of the loss of earnings orincome claimed by plaintiff in discovery proceedings thus farin this case was unreasonable or was not caused bv theINGIDENT? If so:(a) identify each part of the loss;(b) state all facts upon which you base your contention;(c) state the names, ADDRESSES, and telephone numbers

of all PERSONS who have knowledge of the facts; and(d) identify all DOGUMENTS and other tangible things that

support your contention and state the name, ADDRESS,and telephone number of the PERSON who has eachDOCUMENT or thing.

@rc1 Do you contend that any of the property damageclaimed by plaintiff in discovery Proceedings thus far in thiscase was not caused by the INGIDENT? lf so:(a) identify each item of property damage;(b) state all facts upon which you base your contention;(c) state the names, ADDRESSES, and telephone numbers

of all PERSONS who have knowledge of the facts; and(d) identify all DOCUMENTS and other tangible things thatsupport your contention and state the name, ADDRESS,and telephone number of the PERSON who has eachDOCUMENT or thino.

Drsc-001f tO.A Do you contend that any of the costs of repairing theproperty damage claimed by plaintiff in discovery

proceedings thus far in this case were unreasonable? lf so:(a) identify each cost item;(b) state all facts upon which you base your contention;(c) state the names, ADDRESSES, and telephone numbers

of all PERSONS who have knowledge of the facts; and(d) identify all DOCUMENTS and othertangible things that

support your contention and state the name, ADDRESS,and telephone number of the PERSON who has eachDOCUMENT or thinq.

Z ro.g Do yoU oR ANyoNE AcrNG oN youR BEHALFhave any DOCUMENT (for example, insurance bureau

. index reports) concerning claims for personal injuries madebefore or after the INCIDENT by a plaintiff in this case? lfso, for each plaintiff state:(a) the source of each DOCUMENT;(b) the date each claim arose;(c) the nature of each claim; and(d) the name, ADDRESS, and telephone number of the

PERSON who has each DOCUMENT.

[Z 16.10 Do YOU OR ANYONE ACTING ON YOUR BEHALF-

have any DOCUMENT concerning the past or presentphysical, mental, or emotional condition of any plaintiff inthis case from a HEALTH CARE PROVIDER not previouslyidentified (except for expert witnesses covered by Code ofCivil Procedure sections 2034.210-2034.310)? lf so, foreach plaintiff state:(a) the name, ADDRESS, and telephone number of each

HEALTH GARE PROVIDER;(b) a description of each DOCUMENT; and(c) the name, ADDRESS, and telephone number of the

PERSON who has each DOCUMENT.

17.0 Responses to Request for Admissions

I lZ.l ls your response to each request for admission servedwith these interrogatories an unqualified admission? lf not,for each response that is not an unqualified admission:(a) state the number of the request;(b) state all facts upon which you base your response;(c) state the names, ADDRESSES, and telephone numbers

of all PERSONS who have knowledge of those facts;ano

(d) identify all DOCUMENTS and other tangible things thatsupport your response and state the name, ADDRESS,and telephone number of the PERSON who has eachDOCUMENT or thing.

18.0 [Reserved]19.0 [Reserved]20.0 How the Incident Occurred-Motor Vehicle

I zo.r State the date, time, and place of the INCIDENT(closest street ADDRESS or intersection).

J ZO.Z For each vehicle involved in the INCIDENT, state:(a) the year, make, model, and license number;(b) the name, ADDRESS, and telephone number of the

driver;

DISC-oo1 [Rev. January 1, 2008] FORM INTERROGATORIES_GENERAL Page 7 of 8

(c) the name, ADDRESS, and telephone number of eachoccupant other than the driver;

(d) the name, ADDRESS, and telephone number of eachregistered owner;

(e) the name, ADDRESS, and telephone number of eachlessee;

(f) the name, ADDRESS, and telephone number of eachowner other than the registered owner or lien holder;and

(g) the name of each owner who gave permission orconsent to the driver to operate the vehicle.

f] zo.s State the ADDRESS and tocation where your tripbegan and the ADDRESS and location of your destination.

Z ZO.q Describe the route that you followed from thebeginning of your trip to the location of the INGIDENT, andstate the location of each stop, other than routine trafficstops, during the trip leading up to the INCIDENT.

I ZO.S State the name of the street or roadway, the lane oftravel, and the direction of travel of each vehicle involved inthe INCIDENT for the 500 feet of travel before theINCIDENT.

I ZO.o Did the INCIDENT occur at an intersection? lf so,describe all traffic control devices, signals, or signs at theintersection.

Z ZO.t Was there a traffic signal facing you at the time of theINCIDENT? lf so, state:(a) your location when you first saw it;(b) the color;(c) the number of seconds it had been that color; and(d)whetherthe color changed between the time you first

saw it and the INCIDENT.

E ZO.e State how the INCIDENT occurred, giving the speed,direction, and location of each vehicle involved:(a) just before the INGIDENT;(b) at the time of the INGIDENT; and (c) just

after the INCIDENT.

I ZO.g Do you have information that a malfunction or defect ina vehicle caused the INCIDENT? lf so:(a) identify the vehicle;(b) identify each malfunction or defect;(c) state the name, ADDRESS, and telephone number of

each PERSON who is a witness to or has informationabout each malfunction or defect: and

(d) state the name, ADDRESS, and telephone number ofeach PERSON who has custody of each defective part.

! ZO.1O Do you have information that any malfunction ordefect in a vehicle contributed to the iniuries sustained in theINCIDENT? lf so:(a) identify the vehicle;(b) identify each malfunction or defect;(c) state the name, ADDRESS, and telephone number of

each PERSON who is a witness to or has informationabout each malfunction or defect; and

Dtsc-001(d) state the name, ADDRESS, and telephone number of

each PERSON who has custody of each defective part.

I ZO.l1 State the name, ADDRESS, and telephone number ofeach owner and each PERSON who has had possessionsince the INCIDENT of each vehicle involved in theINCIDENT.

25.0 [Reserved]30.0 /Reserved/40.0 [Reserved]50.0 Contract

f] SO.f For each agreement alleged in the pleadings:(a) identify each DOCUMENT that is part of the agreementand for each state the name, ADDRESS, and telephonenumber of each PERSON who has the DOCUMENT;

(b) state each part of the agreement not in writing, thename, ADDRESS, and telephone number of eachPERSON agreeing to that provision, and the date thatpart of the agreement was made;

(c) identify all DOCUMENTS that evidence any part of theagreement not in writing and for each state the name,ADDRESS, and telephone number of each PERSONwho has the DOCUMENT;identify all DOCUMENTS that are part of anymodification to the agreement, and for each state thename, ADDRESS, and telephone number of eachPERSON who has the DOCUMENT;state each modification not in writing, the date, and thename, ADDRESS, and telephone number of eachPERSON agreeing to the modification, and the date themodification was made;(0 identify all DOCUMENTS that evidence any modificationof the agreement not in writing and for each state thename, ADDRESS, and telephone number of eachPERSON who has the DOCUMENT.

50.2 Was there a breach of any agreement alleged in thepleadings? lf so, for each breach describe and give the dateof every act or omission that you claim is the breach of theagreemenr.

50.3 Was performance of any agreement alleged in thepleadings excused? lf so, identify each agreement excusedand state why performance was excused.

Z SO.+Was any agreement alleged in the pleadings terminatedby mutual agreement, release, accord and satisfaction, ornovation? lf so, identify each agreement terminated, the dateof termination, and the basis of the termination.

|7] SO.S ls any agreement alleged in the pleadings unenforce-able? lf so, identify each unenforceable agreement andstate why it is unenforceable.

E SO.O ls any agreement alleged in the pleadings ambiguous?lf so, identify each ambiguous agreement and state why it isambiguous.

60.0 /Reserved/

(d)

(e)

n

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DISC-oo'1 IRev. January 1,20081 FORM INTERROGATORIES_GEN ERAL Page 8 of I

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PROOF OF SERVICEI the undersigned hereby declare under penalty of perjury under the laws ofthe state of California that I served the here attached document described as:SET # 1 OF FORM INTERROGATORIES OF PLAINTIFF Melody GillespieTO DEFENDANT Nicklas Arthur Hoffman

On the day of 512312012 on the parties named below at the addresses tofollolv:

DEFENDANTS NICKLAS HOFFMAN ET AL,C/O: ATTORNEY OF RECORD ROBERT J. FLETCHERP.O. BOX 824, Tulare, Ca. 93274.

Said Service was bv first Class U.S. Mail with the document enclosed in a

sealed Envelope with the postage therefor fully paid by me. I am not a partyto the within Cause of Action. I am over the age of Eighteen Years . Mybusiness address is: [934 W. Ilenderson, Porterville Californiar93257] P.M.B.

#z 132. Executed by my hand on this day, the 23 day of May, 2012,, in the

Republic of California, Tulare County, ,.tt7r-

,,

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Proof of ServiceI the undersigned hereby Declare under Penalty of Perjury under the Laws ofthe State of California that I served the here attached document Described as:

FORM INTERROGATORIES OF PLAINTIFFMelody Gillespie to Defendant Nicklas Arthur Hoffman,l't set

ON THE DAY OF: 8 /2212012, BY US FIRST CLASS MAIL, on the persons orparties named below at the addresses to follow:

DEFENDANT NICKLAS ARTHUR HOFFMAN,C/O: ATTORNEY OF RECORD ROBERT J. FLETCHERP.O. BOX 824, Tulare, Ca. 93274.

Said Service was by First Class US Mail with said Document enclosed inside a

sealed envelope addressed as set forth above, with the postage fully prepaid by me.

I am not a party to this matter. I am over the age of eighteen years. My businessaddress is 934 W. Henderson, PMB#z 132, Porterville, Californiao93257.

Executed by my hand on this 24th day of October, 20l2,in the Counfy of Tulare,

Republic of California,

Alan David

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Proof of ServiceI the undersigned hereby Declare under Penalty of Perjury under the Laws ofthe State of California that I served the here attached document Described as:

FORM INTERROGATORIES OF PLAINTIFFMelody Gillespie to Defendant Nicklas Arthur Hoffman,l't set

ON THE DAY OF: 8 12212012, BY US FIRST CLASS MAIL, on the persons orparties named below at the addresses to follow:

DEFENDANT NICKLAS ARTHUR HOFFMANOC/O: ATTORNEY OF RECORD ROBERT J. FLETCHERP.O. BOX 824, Tulare, Ca. 93274.

Said Service was by First Class US Mail with said Document enclosed inside a

sealed envelope addressed as set forth above, with the postage fully prepaid by me.

I am not a party to this maffer. I am over the age of eighteen years. My businessaddress is 934 W. Henderson, PMB#: l32o Porterville, California,93257.

Executed by my hand on this 24th day of October, 2012, in the County of Tulare,

Republic of California,

Alan David

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Melody & Courtney Gillespie;C/O: P.O. Box 8323, porterville, Californi a,93ZS7

SUPERIOR COURT OF THE STATE OF CALIFORNIAIN AND F'OR THE COUNTY OF TULARE10

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YgJoaV Gillespie; CourtneyGillespie;

Plainfiffs,

-VS.

Nicklas Arthur lfoffman, Et Al,Defendants.

Propounding party: plaintiffAnswering party: Defendantlst Set.

CASE #: t0-238961

DEMAND FOR INSPECTION & COPYINGOF DOCUMENTS & TANGIBLE THINGSOF PLAINTIFF Melody Gillespie TODEFENDANT Nicklas Arthur -HoffmanL't Set.

[Calif. C.C.P. Secr"203t.0t0; 2030.020 ]

Melody Gillespie;Nicklas Arthur Hoffman;

To: Defendant Nicklas Arthur rroffman in the above entifled Action:This set 1 of DEMAND FoR rNsp'crroN & copyrNc, is herebyserved upon you pursuant to the Authority set out in the california codeof civil Procedure sections 203r.0r0; 2030.020,among other Authority.You are required by carifornia Law to answer under oath within thirtydays of Service of this Demand upon you. rf you fail to soanswer Plaintiffs wil Move the above named court rortun order for

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