eluc m.acker (barno. 135805) 1206) respo… · · 2016-10-13eluc m.acker (barno. 135805) email:...

ElUC M.ACKER (BARNO. 135805) Email: [email protected] LmDA T,. LANE (BAR NO. 21 1206) Email: [email protected] MORRISON & POERSTER LLP 12531 Hieh Bluff Drive. Suite 100 San ~ i e ~ o , California 92130-2040 Telephone: 858.720.5100 Facsimile: 858.720.5125

Attorneys for Defendants CC-LA JOLLA, INC. and CCW-LA JOLLA, L.L.C.

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN DIEGO

DONALD R. SHORT, individually, and on Case No. GIC877707 behalf of all others similarly situated,

Plaintiff, DEPENDANT CCW-LA JOLLA, L.L.C.'S RESPOhSE TO FORM

v. INTERROGATORIES (SET ONE)

CC-LA JOLLA, Inc., a Delaware Corporation, Judge: Hon. Linda B. Quinn CC-LA JOLT.A, L.L.C., a Delaware limited Dept: 74 liability company, and DOES 1 to 70, inclusive,

Date Action Filed: December 29,2006 Defendants. Trial Date: Not yet set

J

PROPOUNDING PARTY: PLAINTIFF DONALD R. SHORT

RESPONDIKG PARTY: DEFENDANT CCW-LA JOLLA, L.L.C.

SET NO: ONE

Pursuant to Section 2030.210 of the California Code of Civil Procedure, defendant CCW-La

Jolla, L.L.C. ("Responding P q " ) hereby responds and objects (hereinafter referred to collectively

as "Response") as follolvs to Llonald R. Short's First Set of Form Interrogatories (the "Form

Interrogatories").

PRELIMINARY STATEMENT

These responses are based upon information and documents presently available to, located by,

and analyzed by Responding Party. Responding Party has not completed its investigation of the facts

mailto:[email protected]

mailto:[email protected]

relating to this case, has not completed discovery in this action, and has not completed preparation for

trial in this matter. Further investigation and analysis may disclose the existence of additional facts,

give new meaning to the documents and facts that Responding Party possesses, or possibly lead to

additions, variations, or changes to these responses. Without obligating itself to do so, Responding

Party reserves the right to change or supplement these responses as additional facts are discovered,

revealed, recalled, or otherwise ascertained, and as further analysis and research disclose additional

facts, contentions, or legal theories that may apply. These responses are given without prejudice to

Responding Party's right to object on any basis at the time of trial to the introduction to any or all of

the responses to these requests. These responses are made solely for the purpose of, and in relation

to, this action.

GENERAL OBJECTIONS

1. Responding Party objects generally to this set of Form Interrogatories to the extent

they seek information not relevant to the subject matter of this action or reasonably calculated to lead

to the discovery of admissible evidence. By these responses, Responding Party makes no admission

concerning the relevance or admissibility of any of the information contained herein or of any of the

subjects that are the subject of these Form Interrogatories. Responding Party hereby reserves the

right to make all pertinent evidentiary objections with regard to such matters at trial or at any other

stage of the proceedings.

2. Responding Party objects to each and every interrogatory to the extent that it calls for

information that is subject to any claim of privilege or protection, including, without limitation, the

attorney-client privilege, the work-product doctrine, the common interest privilege, any party or non-

party's right to privacy or any other privilege or evidentiary principle available under federal or state

statutory, constitutional or common law. Such information or documents, should they exist, are

immune from discovery. Responding Party does not waive any objection made in these Responses,

nor any claim of privilege, whether expressly asserted or not, by providing any information in

response to the Interrogatories. Responding Party also objects to the Definitions and Instructions

accompanying the Form Interrogatories to the extent they purport to require identification and

information concerning privileged or work-product con~munications. None of Responding Party 's

-sd-365961 -- 2

DEFENDANT CCW-LA iOl.1 A, L.L.C.'S RESPONSE TO KJRM INTERROGATORIES (SET ONE)

---

specific responses shall be construed to mean that Responding Party intends to provide privileged

information in the absence of an intentional waiver. The inadvertent disclosure of such information

or the inadvertent identification of any document shall not constitute a waiver of any applicable

1 privilege as m that information or document, or any otiiei document identified by Responding Party. I

3. Responding Party specifically reserves the right to produce documents in lieu of

answers, as provided by Code of Civil Procedure Section 2030.230.

4. Responding Party objects to each Form Interrogatory as unnecessary, unduly

hurdensome, oppressive, and constituting annoyance, harassment, and oppression of Responding

Party to the extent it seeks the identification of documents or information that is publicly available or

a matter or public record, or already in the possession of, equally available to or readily ascertainable

by PlaintiffsICross-Defendants or their counsel from some other source.

5 . Responding Party's specific objections and Responses to any and all of these Form

Interrogatories are not intended to preclude, override or withdraw any of these general objections.

6. These general objections and information are incorporated into each of the following

Responses as if set forth in full. The assertion of the same, similar or additional objections in

Responding Party's specific objections and Responses to specific requests, or the failure to assert any

additional objections to an interrogatory, does not waive any of Responding Party's objections set

forth in this section or the follo~ing sections.

RESPONSES TO SPECIFIC INTERROGATORIES

Responding Party incorporates by reference into each of the following responses, as if fully

set forth therein, the Preliminary Statement and General Objections set forth above:

INTERROGATORY NO. 1.1:

State the name, ADDRESS, telephone number, and relationship to you of each PERSON

who prepared or assisted in the preparation of the responses to these interrogatories.

sd-365961 3 DEFENDANT CCW-LA JOLLA, L.L.C.'S RESPONSE TO FORM NTERROG4TORIES (SET ONF)

I

' RESPONSE TO INTERROGATORY NO. 1.1:

Eric M. Acker Linda L. Lane Morrison & Foerster LLP 12531High Bluff Drive, Suite 100 San Diego, CA 92130-2040 Tel: 858.720.5100 Attorney for Defendants

Stephanie W. Fields Senior \'ice President & General Counsel Classic Residence by Hyatt 71 South Wacker Drive, Suite 900 Chicago, IL 60606 Tel: 312.803.8520


Are you a corporation? If so, state:

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

(b) all other names used by the corporation during the past 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

RESPONSE TO INTEKROGATORY NO. 3.1:

No.


Are you a partnership? If 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) whether you are a limited partnership and, if so, under the laws of what jurisdiction;

(dl the name and ADDRESS of each general partner; and

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

RESPONSE TO INTERROGATORY NO. 3.2:

No.


Are you a limited liability company? If 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;

(c) the date and place of filing of the articles of organization;

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

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


Yes.

(a) CCW La Jolla, L.L.C. (certificate of formation)

(b) CC-La Jolla L.L.C.; Classic Residence by Hyatt at La Jolla Village (1211104 to

present); La Jolla Village Towers, A Classic Residence by Hyatt (4/3/98)

(c) April 3, 1998; Delaware

(d) 71 S. Wacker Dr., Chicago 1L 60606.

(e) Yes.


Are you a joint venture? If so, state;

(a) the current joint venture name;

(b) all other names used by the joint venture during the past 10 years and the datcs each

was used;

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

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


No.

-sd-36596 1 3 ~ t ~ N L ) - ~ Nk r CCW-LA IOLLA. L L C 'S RESPONSE TO FORM TNTERROCATORIES (SET ONE)

I


Are you an incorporated association? If so, state:

(a) the current unincorporated association name;

(b) all other names uscd by the u~lincorporated association during the past 10 years and

the dates cach was used; and

(c) the AIIDKESS of the principal place of business


No.


Have you done business under a fictitious name during the past 10 years? If so, for each

fictitious name state:

(a) the name;

(b) the dates each was used;

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

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


(a) Classic Residence by Hyatt at La Jolla Village

(b) 1211/04-present

(c) County of San Diego, California

(d) 8515 Costa Verde Dr., San Diego, CA 92 122

(a) La Jolla Village 'Lowers, A Classic Residence by Hyatt

(b) 413198-12i1104

(c) County of San Diego, California

(d) 8515 Costa Verde Dr., San Diego, CA 92122


Within the past five years has any public entity registered or licenscd your business? If so, for

each license or registration:

sd-365961 6 DEFENDANT CCIV-LkJOLLA, L L C 'S RESPOVSE TO FORM lNTERROGATCRIES (SET ONE)

(a) identify the license or registration;

(b) state the name of the public entity; and

(c) state the dates of issuance and expiration.


Objection. The request is vague and ambiguous as to "licensed" in the context of this

litigation. This request is potentially overbroad and therefore unduly burdensome and oppressive.


At the time of the INCIDENT, was there in effect any policy of insurance through which you

were or might be insured in any manner (for example, primary, pro-rata, or excess liability coverage

or medical expense coverage) for the damages, claims, or actions that have arisen out of the

INCIDENT? If so, for each policy state:

(a) the kind of coverage;

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

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

(d) the policy number;

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

(f) whether any reservation of rights or controversy or coverage dispute exists between

you and the insurance company; and

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


There is no policy of insurance through which Responding Party might be insured for the

damages, claims, or actions alleged in this lawsuit.


Are you self-insured under any statute for the damages, claims, or actions that have arisen out

of the INCIDENT? If so, specify the statute.


No.


Identify each denial of a material allegation and cach special or affirmative defense in your

pleadings and for each:

(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 DOCUMENTS and other tangible. things that support your denial or

special affirmative defense, and state the name, ADDRESS, and telephone number of the PERSOK

who has each document.


Not applicable. No answer filed.


Is your response to each request for admission served with these interrogatories an unqualified

admission? If 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; and

(d) identify all DOCUMENTS and other tangible things that support your response and

state the name, ADDRESS, and telephone number of the PERSON who has each DOCUMENT or

thing.


(a) Request No. 1

(b) No substantive response given. Request objectionable because improperly calls for a

legal conclusion; request is not full and complclr in and of itself as required by CCP 5 2033.060(d).

(c) Not applicable.

(d) Not applicable.

(a) Request No. 2;

(b) No substantive rcsponse given. Request objectionable because improperly calls for a

legal conclusion; request is not full and complete in and of itself as required by CCP 3 2033.060(d).

(c) Not applicable.

(d) Not applicable.

(a) Request No. 3;



(c ) Not applicable.

(d) Not applicable.

(a) Request No. 4;



(c) Not applicable.

(d) Not applicable.

(a) Request No. 5;


legal conclusion; request is not full and complete in and of itself as required by CCP 5 2033.060(d);

request contains improper subparts, and is improperly compound, conjunctive andor disjunctive as

set forth in CCP 5 2033.060(f), making an answer of "admit" or "deny" impossible.

(c) Not applicable.

(d) Not applicable.

! I /

l ! /

I ! !

sd-365961 ------ 9 DEFENDANT CCW-LA IOLLA, L.L.C.'S KESPONSE TO FORM 'NTERROGATORIES (SET ONE)

(a) Request No. 6;

@) No substantive response given. Request objectionable because improperly calls for a


request contains improper subparts, and is improperly compound, conjunctive and!or disjunctive as

set forth in CCP 4 2033.060(fj, making an answer of "admit" or "deny" impossible.

(c) Not applicable.

(dl Not applicable.

(a) Request No. 7;



request contains improper subparts, and is improperly compound, conjunctive andlor disjunctive as

set forth in CCP ,' 2033.060(f), making an answer of "admit" or "deny" impossible.

(c) Not applicable.

(d) Not applicable.

(a) Request No. 8;





(c) Not applicable.

(d) Not applicable.

(a) Request No. 9:


legal conclusion; request is not full and complete in and of itself as required by CCP 4 2033.060(d)

--

request contains improper subparts, and is improperly compound, conjunctive and/or disjunctive as


jc) Not applicable.

(d) Not applicable. I

(a) Request No. 10;


legal conclusion; request is not full and complete in and of itself as required by CCP 5 2033.060(d):

request contains improper subparts, and is improperly compound, conjunctive and/or disjunctive as I

set forth in CCP $ 2033.060(f), making an answer of "admit" or "deny" impossible.

(c) Not applicable.

(d) Not applicable.

(a) Rcqucst No. 11; I I

(b) No substantive response given. Rcqucst objectionable bzcause improperly calls for a 1 legal conclusion; request is not full and complete in and of itself as required by CCP § 2033.060(d);



(c) Not applicable.

(d) Not applicable. I

I(a) Request No. 12;


legal conclusion; request is not full and complete in and of itself as required by CCP $ 2033.060(dj; i I

request contains improper subparts, and is improperly compound, conjunctive andlor disjunctive as 1 !


(c) Not applicable. II

(d) Not applicable. I1

sd-365961 11 DEFEXDANT CCW-LA JOLLA, L L.C 'S RESPONSE TO FORM n\1TERROG9T!JRIES (SET ONE)

---

la) Request No. 13;


legal conclusion; request is not full and complete in and of itself as required by CCP $2033.060(d);


set forth in CCP 9 2033.060(f), making an answer of "admit" or "deny" inlpossible.

(c) Not applicable.

(d) Not applicable.

(a) Request No. 14;

(b) No substantive response given. Requcst objectionable because improperly calls for a



set forth in CCP § 2033.060(1), making an answer of "admit" or "deny" impossible.

(c) Not applicable.

(d) Not applicable.

(a) Request No. 15;



request contains improper subparts, and is improperly compound; conjunctive and/or disjunctive as


(c) Not applicable.

(d) Not applicable.

(a) Request No. 16;


legal conclusion: request is not full and complete in and of itself as required by CCP $ 2033.060(d);

sd-36596 1 12 DEFENDANT CCW-LA JOLLA, L L.C '5 RESPONSE TO FORM INTERROGATORIES (SET ONE)

-- ---


set forth in CCP § 2033.060(f), making an answer of "admit" or "deny" impossible.

(c) Not applicable.

(d) Not applicable.

fa) Request No. 17;

(5) No substantive response given. Request objectionable because improperly calls for a




(c) Not applicable.

(d) Not applicable.

(a) Request No. 18;


legal conclusion; request is not full and complete in and of itself as required by CCP § 2033.060(d);


set forth in CCP 5 2033.060(0, making an answer of "admit" or "deny" impossible.

(c) Not applicable.

(d) Not applicable.

(a) Request No. 19;



request contains improper subparts: and is improperly compound: conjunctive and/or disjunctive as


(c) Not applicable.

(d) Not applicable.

sd-365961 -- 13 DEFENDANT CCW-LA IOLLA, I..L.C.'L RESPONSE TO FORM INTERROGATORIES (SET ONE)

(a) Request No. 20;





(c) Not applicable.

(d) Not applicable.

(a) Request No. 21 ;





(c) Not applicable.

(d) Not applicable.

(a) Request No. 22;





(c) Not applicable.

(d) Not applicable.

(a) Request No. 23;



sd-365961 14 ~~~~~~ -

DEFENDANT CCW-LAIOLLP., L.I..C.'S RESPONSE TO FORM INTERROGATORIES (SET ONE)

--

request contains improper subparts, and is improperly compound, col~junctive andior disjunctive as


(c) Not applicable.

(d) Not applicable.

(a) Request No. 24;





(c) Not applicable.

(d) Not applicable.

(a) Request No. 25;

(b) No substantive response gilsen. Request objectionable because improperly calls for a

legal conclusion; request is not full and complete in and of itself as required by CCP $ 2033.060(d).

(c) Not applicable.

(d) Not applicable.

(a) Request No. 26;


legal conclusion: request is not full and complete in and of itself as required by CCP 5 2033.060(d).

(c) Not applicable.

(d) Not applicable.

(a) Request No. 27;



sd-365961 15 DEFENDANT CCM'-LA JOLLA, L.L.C.'S RESPOYSE TO FORM INTERROGATORIES(SET ONE)

(c) Not applicable.

(d) Not applicable.

(a) Request No. 28;



jc) Not applicable.

id) Not applicable.

(a) Request No. 29;




sct forth in CCP S 2033.060(f), making an answer of "admit" or "deny" impossible.

(c) Not applicable.

(d) Not applicable.

(a) Request No. 30:



request contains improper subparts, and is improperly con~pour~d, conjunctive and/or disjunctibe as


(c) Not applicable.

(d) Not applicable.

(a) Request No. 3 1;

(b) No substantive response given. Request objectioliabie because improperly calls for a


sd-365961 16 DEFENDANT CCW-LA JOLLA, L.L.C.'S RESPONSE TO FORM iNTERROG4TORIES (SET ONE)

--



(c) Not applicable.

(d) Not iipplicablc.

(a) Request No. 32;





(c) Not applicable.

(d) Not applicable.

(a) Request No. 33;





(c) Not applicable.

(d) Not applicable.

(a) Request No. 34;



rcqucst contains improper subparts, and is improperlq compound, conjunctive andior disjunctive as


(c) Not applicable.

(d) Not applicable.

sd-365961 17 DEFENDANT CCW-LA JOLLA, L.L.C.'S RESPONSE TO FORM INTERROGATORIES (SET ONE)

(a) Request No. 35;



request contains improper subparts, and is improperly compound, conjurictive andlor disjunctive as

set forth in CCP $203?.060(f). making an answer of "admit" or "deny" impossible.

(c) Not applicable.

(d) Not applicable.

(a) Request No. 36;


legal conclusion; request 1s not full and complcte in and of itself as requircd by CCP 9 2033.060(d):



(c) Not applicable.

(d) Not applicable.

(a) Request No. 37;

(b) No substantive responsc given. Request objectionable because improperly calls for a




(c) Not applicable.

(d) Not applicable.

(a) Request No. 38;


legal conclusion; request is not full and complete in and of itself as required by CCP 5 2033.060(d):


set forth in CCP § 2033.060(f), making an answer of "admit" or "deny" impossible

(c) Not applicable.

(d) Not applicable.

(a) Request No. 39;




set forth in CCP 5 2033.060(f), making an alswar of "admit" or "deny" impossible.

(c) Not applicable.

(d) Not applicable.

(a) Request No. 40;

(b) No suhstantive response given. Request objectionable bccausc improperly calls fur a




(c) Not applicable.

(d) Not applicable.

(a) Request No. 41;


legal conclusion; request is not full and complete in and of itsclf as required by CCP $ 2033.060(d);



(c.) Not applicable.

(dj Not applicable.

sd-36596 1 19 DEFENDANT CCW-LA JOLLA, L.L.C.'S RESPOUSE TO FC)RLIINTERI<OGATORIES(SET ONE)

---

I111 (a) Request No. 42;


3 legal conclusion; request is not full and complete in and of itself as required by CCP $2033060(d);

4 request contains improper subparts, and is improperly compound, conjunctive andlor disjunctive as

5 set forth in CCP 5 2033.060(f), making an answer of "admit" or "deny" impossible.

(c) Not applicable.

(d) Not applicable.

(a) Request No. 43;

10 (b) No substantive response given. Request objectionable because improperly calls for a

11 legal conclusion; request is not full and complete in and of itself as required by CCP 5 2033.060(d);

12 request contains improper subparts, and is improperly compound, conjunctive andlor disjunctive as 11 13 set forth in CCP 3 2033.060(f), making an answer of "admit" or "deny" impossible.

14 (c) Not applicable.

15 (d) Not applicable.

16

17 (a) Request No. 44;

18 (b) No substantive response given. Request objectionable because improperly calls for a

19 legal conclusion; request is not full and complete in and of itself as required by CCP 5 2033.060(d);

20 request contains improper subparts, and is improperly compound, conjunctive and/or disjunctive as 1 2.1 set forth in CCP 5 2033.060(f), making an answer of "admit" or "deny" impossible.

22 (c) Not applicable.

(d) Not applicable.

(a) Request No. 45;

(b) No substantive response given. Request objectionable because improperly calls for a 26 I11127 legal conciusion; request is not full and complete in and of itself as required by CCP § 2033.060(d);

38 11 sd-365961 20

DEFENDANT CCW-LA IOLLA, L.L.C.'S RESPONSE TO FORM INTERROGATORIES (SET ONE)

request contains improper subparts, and is improper11 compound, conjunctibe and/or disjunctive as

set forth in CCP $2033.060(f), making an answer of "admit" or "deny" impossible.

(c) Not applicable.

(d) Not applicable.

(a) Request No. 46;

(b) No subsiantive response given. Request objectionable because improperly calls for a




(c) Not applicable.

(d) Not applicable.

(a) Request No. 47;




set forth in CCP 5 2033.060(f), making an answer of "admit" or "deny" irnpossiblc.

(c) Not applicable.

(d) Not applicable.

(a) Request No. 48;



request contains improper subparts, and is irnproper1)- compound. conjunctive andlor disjunctive as

set forth in CCP $ 2033.060(0; making an answer of "admit.' or "deny' impossible.

(c) Not applicable.

(d) Not applicable.

sd-365961 -- 2 1 DEFENDANT CCW-LA IOLLA, L.L.C.'S RESPONSE TO FORM INTERROGATORIES (SET ONE)

(a) Request No. 49;



(c) Not applicable.

(d) Not applicable.

(a) Request No. 50;



(c) Not applicable.

(d) Not applicable.

(a) Request No. 51;



(c) Not applicable.

( d ) Not applicable.

(a) Request No. 52;


legal conclusion: request is not full and complete in and of itself as required by CCP $2033.060(d).

(c) Not applicable.

(d) Not applicable.

(a) Request No. 53;



(c) Not applicable.

sd-36596 1 22 DEFENDANT CCW-LA JOLLA, L.l..C 'S RESPONSE TO FORM WTERROGATORIES (SET ONE)

(d) Not applicable.

(a) Request No. 54,



(c) Not applicable.

(d) Not applicable.

(a) Request No. 55;



(c) Not applicable.

(d) Not applicable.

(a) Request No. 56;



(c) Not applicable.

(d) Not applicable.

(a) Request No. 57;


legal conclusion; request is not full and complete in and of itself as required by CCP $2033.060(d);



(c) Not applicable.

(d) Not applicable.

(a) Request No. 58;





(c) Not applicable.

(d) Not applicable.

(a) Request No. 59;





(c) Not applicable.

(d) Not applicable.

(a) Request No. 60;


legal conclusion; request is not full and conlplete in and of itself as required by CCP 8 2033.060(d);



(c) Not applicable

(d) Not applicable.

(a) Request No. 61;


legal conclusion; request is not full and compleie in and of itself as required by CCP 5 2033.060(d);

sd-365961 24 --~~~~~~ -

DEFENDANT CCW-LA JOLLA, L.L.C.'S RESPONSE TO FORM !NTERROGATORIES (SET ONE)



(c) Not applicable.

(d) Not applicable.

(a) Request No. 62;


legal conclusion; request is not full and complete in and of itself as required by CCP 5 2033.060td);


set forth in CCP 5 2033.060(f); making an answer of "admit" or "deny" impossible.

(c) Not applicable.

(d) Not applicable.

(a) Request No. 63;





(c) Not applicable.

(d) Not applicable.

(a) Request No. 64;


legal conclusion; request is not full and complete in and of itself as required by CCP S 2033.060(dj;


set forth in CCP 5 2033.060jf), making an answer ofC'adrnit" or "deny" impossible.

(c) Not applicable.

(d) Not applicable.

--

(a) Request No. 65;


legal conclusion; request is not full and complete in and of itself as required by CCP S; 2033.060(d);

request contains improper subparts, and is improperly compound, conjuncti\:e and/or disjunctive as

set forth in CCP § 2033.060(Q making an answer of "admit" or "deny" impossible.

(c) Not applicable.

(d) Not applicable.

(a) Request No. 66;


legal conclusion: request is not full and complete in and of itself as required by CCP 5 2033.060(d);

request contains improper subparts. and is improperly compound, conjunctive and/or disjunctive as


(c) Not applicable.

(d) Not applicable.

(a) Request No. 67;



request contains improper subparts, and is inlproperly compound, conjunctive andlor disjunctive as

set forth in CCP S; 2033.060(Q, making an answer of "admit" or "deny" impossible.

(c) Not applicable.

(d) Not applicable.

(a) Request No. 68;


legal conclusion; request is not full and complete in and of itself as required by CCP S; 2033.060(d);

sd-365961 26~~~~~~~

DEFENC4NT CCU-LA .IOLL\, L.L.C.'S RESUCINSE TO FORM INIERROCATORIES (SET ONE)



(c) Not applicable.

(d) Not applicable.

(a) Request No. 69;

(bj "Continuing care promise" is defined in Health and Safety Code section 1771,

subdivision (c)(10) to mean "a promise, expressed or implied, by a provider to provide one or more

elements of care to an elderly resident for the duration of his or her life or for a term in excess of one

year. Any such promise or representation, whether part of a continuing care contract: other

agreement, or series of agreements, or contained in any advertisement, brochure, or other material,

either written or oral, is a continuing care promise." No "continuing care promise" of the nature set

forth in this request was made by Responding Party.

(c) Kelly Parkins, Director of Sales of Classic Residence by Hyatt at La Jolla Village; can

be contacted through Responding Party's attorney of record.

(d) Not applicable.

(a) Request No. 70:

(b) Responding Party has worked diligently to manage expenses and keep operating

expenses down.

(c) Gary Smith, Vice President, Treasurer and Assistant Secretary of CC-La Jolla, Inc.;

can be contacted through Responding Party's attorney of record.

(d) Audited financial statements from 2003-2006, Monthly Profit & Loss reports from

2003-2006, and Annual Budgets from 2003-2006.

11 1

I / I

i i 1

I 1 l

sd-365961 27 UEFENDkNT CCW-LA JOLLA, L.L.C.'S RESPONSE TO FORM NTERROGATORIES (SET ONE)


(b) Responding Party has not entered into a series of related party transactions with

vendors which have been more expensive than if those services had been obtained from third parties

in anns-length transactions.


can be contacted through Responding Party's attomey of record.

(d) .Audited financial statements from 2003-2006, Monthly Profit & Loss reports from

2003-2006, and Annual Budgets from 2003-2006.

(a) Request No. 72;

(b) "Continuing care promise" is defined in Health and Safety Code section 1771,



year. Any such promise or representation, whether part of a continuing care contract, other






(d) Not applicable.

(a) Request No. 73:

(b) Responding Party has complied with all applicable requirements for placing moneys

paid by residents into a reserve.



sd-36596! -- 28 ---DEFENDANT CCW-LA IOLLA, L.L.C.'S RESPONSE TO FORM !N?ERROCATORIES (SET ONE)

(d) Responding Party has doc~lments, including Annual Reserve Certifications, that verify

that applicable requirements for placing moneys paid by residents into a reserve has been met by

Responding Party.

(a) Request No. 75;

(b) Responding Party continues to provide emergency call response, 24 hours per day, to

all residents through the First Responder Program.

(c) Michael Krieger, Executive Director of Classic Residence by Hyatt at La Jolla

Village; can be contacted through Responding Party's attorney of record.

(d) Not applicable.

(a) Request No. 76:

(b) "Continuing care promise" is defined in Wealth and Safety Code section 1771,




agreement, or series of agreements, or contained in any advertisement, brochure, or other matcrial,





(d) Not applicable.

(a) Request No. 77;

(b) Responding Party is not in a position to determine whether one or more current

residents have experienced the situation stated in this request.

(c) Not applicable.

(d) Not applicable.

sd-365961 - ~~ 29 DEFENDANT CCW-LA JGLLA, L.L.C.'S RESPONSE TO FORM INTERROGATORIES (SET ONE)

(a) Request No. 78;



(c) Not applicable.

(d) Not applicable.

(a) Request No. 79;



(c) Not applicable.

(d) Not applicable.

(a) Request No. 81;



(c) Not applicable.

(d) Not applicable.

(a) Request No. 82;


subdivision (c)(10) to mean .'a promise, expressed or implied, by a provider to provide one or more






I


be contacted tluough Responding Party's attorney of record.

(d) Not applicable.

(a) Request No. 83;

(b) "Continuing care pronlise" is defined in Health and Safety Code section 1771,

subdivision (c)(10) to mean "a promlse, expressed or implied, by a provider to provide one or more


year. Any such promise or representation; whether part of a continuing care contract, other

agreement, or series of agreements. or contained in any advertisement, brochure, or other material,





(d) Not applicable.

(a) Request No. 85;

(b) "Continuing carc promise" is defined in Health m d Safety Code section 1771,




agreement, or series of agreements, or contained in any advertisement, brochure, or other matcrial,

either written or oral, is a continuing care promise." No "continuing care pron~ise" ofthe nature set


(c) Kelly Parbins, Director of Sales of Classic Residence by Hyatt at La Jolla Village; can


(d) Not applicable.

sd-365961 3 1 DEFENDANT CCW-LA IOLLA. L.L.C.'S RESPONSE TO FCIRh( INTERROGATORIES (SET ONE)

(a) Request No. 86;

(b) There has neler been an on-site spa on the property The closest things to an on-site

spa are the beauty salon and the hot tub. I (c) Michael Gieger, Executive Director of Classic Residence by IIyatt at La Jolla

Village; can be contacted through Responding Party's atiomey of record.

(d) Not applicable.

(a) Request No. 87;






either written or oral, is a continuing care promise.'' No "continuing care promise" of the nature set



be contacted through Responding Party's attorney of record

(d) Not applicable.

(a) Request NO.88; i (b) As of April 2,2007, residents have been permitted to self park.

(c) Michael Krieger, Executive Director of Classic Residence by Hyatt at La Jolla I

Village; can he contacted through Responding Party's attorney of record. 1 Ijd) Not applicablc. I !

(a) Request No. 90; ,(b) Responding Party has kept ail of its continuing care promises to plaintiff pursuant to 1

1the Continuing Care Residency Agreement. I

sd-365961 32 DEFENDANT CCW-1.A IOi i A , L L.C.'S RESPONSE T O FORM JSTERROO.~.TORIES (sLI uNE)

(c) Michael Krieger. Executive Director of Classic Res~dence by Hyatt at La Jolla

Village: can be contacted through Responding Party's attorney of record.

(d) Continuing Care Residency Agreement.


(b) Responding Party has complied with all applicable requirements for placing moneys

paid by residents into a reserve.



(d) Responding Party has documents, including Annual Reserve Certifications, that verify

that applicable requirements for placing moneys paid by residents into a reserve has been met by

Responding Party.

(a) Request No. 92;

(b) Responding Party does not owe plaintiff a fiduciary duty for the reasons set forth in

Responding Party's Demurrer, currently on file with the Court.

(c) Responding Party's attorney of record.

(d) Responding Party's Demurrer.

(a) Request No. 93:

(b) Responding Party did not breach any fiduciary duty allegedly owed to plaintiff for the

reasons set forth in Responding Party's Demurrer, currently on file with the Court.



(a) Request No. 94;

(b) Responding Party does not owe all of its residents a fiduciary duty for the reasons set

forth in Responding Party's Demurrer, currently on file with the Court.

sd-365961 3 3 -- -- ~~~~~~~

DEFENDANT CCW-1.A JOLLA, L.L.C.'S RESWNSL TO FORM INTERROGATORIES (SET ONE)

-- --


jd) Responding Party's Demurrer.

(a) Request No. 95;

(b) Responding Party did not breach any fiduciary duty allegedly owed to all of its

residents for the reasons set forth in Responding Party's Demurrer: currcntly on file with the Court.



Dated: April __, ERIC M. ACKER LINDA L. LANE MORRISON & FOERSTER LLP

By:

Attorneys for Defendants CC-LA JOLLA, INC. AND CCW-LA JOI,I.A, L.L.C.

sd-36596 1 34 DEFENDANT CCW-LA JOLLA. L.L.C.'S RESPONSE TO FORhl INTERROGkTORIES (SET ONE)

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