1 __________________________________ RESPONSE TO REQUEST FOR PRODUCTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STEIN & ASSOCIATES Michael D. Stein (SBN 132540) 5235 West Allen Street Suite 200 Los Angeles, CA 90067 Tel: (213) 555-0994 Fax: (213) 555-0995 Attorneys for Defendant B-2 VIDEO INCORPORATED SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES SCOTT ALAN WOODWARD, Plaintiff, vs. B-2 VIDEO INCORPORATED, a California corporation; and DOES 1 through 20 inclusive, Defendants. ) ) ) ) )))))) ))) )) ) ) ) ) )) Case No.: ASSIGNED FOR ALL PURPOSES TO JUDGE JOHN SMITH Department 27 DEFENDANT B-2 VIDEO INCORPORATED’S RESPONSES TO PLAINTIFF SCOTT ALAN WOODWARD’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS ) PROPOUNDING PARTY: Plaintiff SCOTT ALAN WOODWARD RESPONDING PARTY: Defendant B-2 VIDEO INCORPORATED SET NO.: One 2 __________________________________ RESPONSE TO REQUEST FOR PRODUCTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendant B-2 Video Incorporated (“Defendant”) has not yet completed investigation of the facts relating to this case, has not completed discovery and has not completed its preparation for trial. Accordingly, the following responses are based upon information known at this time and are given without prejudice to Defendant’s rights to produce subsequently discovered evidence and facts, and to add to, modify or otherwise change or amend the responses herein. REQUEST NO. 1: All DOCUMENTS relating to or reflecting the facts and circumstances of any discipline of PLAINTIFF or concerning any alleged misconduct engaged in by PLAINTIFF. RESPONSE TO REQUEST NO. 1: Defendant objects to this Request on the grounds that it is vague, ambiguous, overbroad, burdensome and seeks information that is both irrelevant and not reasonably calculated to lead to the discovery of admissible evidence. Without waiving these objections, Defendant responds as follows: Defendant will produce all documents in its custody, possession or control that are responsive to this Request. REQUEST NO. 2: Any and all video and/or audio investigation tapes reflecting the facts and circumstances of any alleged misconduct engaged in by PLAINTIFF. ///3 __________________________________ RESPONSE TO REQUEST FOR PRODUCTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESPONSE TO REQUEST NO. 2: There are no documents in Defendant’s custody, possession or control that are responsive to this Request. REQUEST NO. 3: All DOCUMENTS supporting or relating to YOUR Fifth Affirmative Defense that “Any and all alleged defamatory statements made by Defendants or their agents were true.” RESPONSE TO REQUEST NO. 3: Defendant objects to this Request on the grounds that it is overbroad and burdensome. Defendant further objects to this Request on the grounds that it improperly requires Defendant to permit Plaintiff to discover Defendant’s legal conclusions and theories and thus intrudes on the attorney work-product privilege. REQUEST NO. 4: All DOCUMENTS identified in YOUR responses to PLAINTIFF’S First Set of Special Interrogatories served concurrently herewith. RESPONSE TO REQUEST NO. 4: Defendant will produce all documents in its custody, possession or control that are responsive to this Request. REQUEST NO. 5: All DOCUMENTS identified in YOUR responses to PLAINTIFF’S First Set of Form Interrogatories served concurrently herewith. /////////4 __________________________________ RESPONSE TO REQUEST FOR PRODUCTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESPONSE TO REQUEST NO. 5: Defendant will produce all documents in its custody, possession or control that are responsive to this Request. DATED: March 31, 2004 STEIN & ASSOCIATES By: _________________________________ Michael D. Stein Attorneys for Plaintiff SCOTT ALAN WOODWARD 5 __________________________________ RESPONSE TO REQUEST FOR PRODUCTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VERIFICATION PETER L. ORNELLAS declares: 1. I am the Vice-President of Operations of defendant B-2 Video Incorporated (“Defendant”) in the above-captioned action and am authorized to make this Verification on Defendant’s behalf. 2. I have read the foregoing “DEFENDANT B-2 VIDEO INCORPORATED’S RESPONSES TO PLAINTIFF SCOTT ALAN WOODWARD’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS” (“the Response”) and know its contents. I am informed and believe that the matters set forth in the Response are true and accurate, and on that ground I allege, to the best of my knowledge and information, that the matters therein stated are true and accurate. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Verification was executed on March 31, 2004 at Los Angeles, California. ________________________________ Peter L. Ornellas 6 __________________________________ RESPONSE TO REQUEST FOR PRODUCTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA ) ) ss: COUNTY OF LOS ANGELES ) I am employed in the County of Los Angeles, State of California. I am over the age of 18 years and am not a party to the within action. My business address is 5235 West Allen Street Suite 200, Los Angeles, CA 90067. On March 31, 2004, I served the foregoing documents described as DEFENDANT B-2 VIDEO INCORPORATED’S RESPONSES TO PLAINTIFF SCOTT ALAN WOODWARD’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS on the interested parties in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Peter Crawford, Esq. 27255 Van Buren Road Torrance, California 93627 ___ BY MAIL I deposited such envelope into the Firm’s office mail at Los Angeles, California. I am readily familiar with the Firm’s practice of collection and processing correspondence for mailing. Under that practice, in the ordinary course of business, the mail is affixed with postage thereon fully prepaid and deposited with the U.S. Postal Service in Los Angeles, California on the same day. I am aware that on motion of a party served, service is presumed invalid if the postal cancellation date or the postage meter date is more than one (1) day after the date of deposit for mailing in this affidavit. ___ BY PERSONAL SERVICE I hand delivered such envelope to the offices of the addressee(s) listed above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed March 31, 2004 at Los Angeles, California. _____________________________ Harriet Evans