ÿ ÿ 1234565789 ÿ 6 5 7ÿ79ÿ45 96ÿ3912ÿ 23789 ÿ ÿ ÿ ÿ ÿ ÿ! "#ÿ$#% & ÿ'()*+,-.ÿ/ÿ"#%0 #ÿ "# ÿ1# 0 2ÿ 3ÿ1# 4 2ÿ , ÿ/ÿ, 5#ÿ ÿ 5& 0 #"ÿ$#% & ÿ67(87ÿ "ÿ/ÿ, 5#ÿ ÿ 33# #".ÿ"#0&5# #".ÿ #%#&5#".ÿ ÿ %%#1 #"ÿ 2ÿ # #.ÿ #3 ".ÿ % 99& & .ÿ1 #3# # %#.ÿ1 :#ÿ"&5&"# ".ÿ"& % .ÿ ÿ ,# ÿ% &"# & .ÿ;,# ,# ÿ& ÿ ,#ÿ 3 9ÿ 3ÿ9 #2ÿ ÿ ,# ;& #.ÿ ÿ% 91# & ÿ ÿ& " %#9# ÿ3 ÿ 2ÿ #3# #"ÿ#< 9& & ÿ ÿ #5 0 & 8ÿ ÿ ÿ = #>ÿÿ???6/19/2019 ??????????????????????ÿ ÿ ÿ ÿ ÿ ÿ ÿ ÿ ÿ ÿ ?????????????????????????????????????????ÿ ÿ ÿ ÿ ÿ ÿ ÿ ÿ ÿ ÿÿ$&: #ÿ ÿ ÿ @#3 #ÿ &: & :ÿ ,& ÿ3 9.ÿ2 ÿ , 0"ÿ#ÿ ; #ÿ , >ÿÿAB 2ÿ1# ÿ;, ÿ9 C# ÿ ÿ% # ÿ ÿ#ÿ 9 "#ÿ 2ÿC ;& :02ÿ3 0 #ÿ ÿ3 " 0# ÿ9 # & 0ÿ #9# ÿ ÿ #1 # # & ÿ3 ÿ ,#ÿ1 1 #ÿ 3ÿ & & :ÿ ÿ"# 2& :ÿ; C# Dÿ% 91# & ÿ# #3& ÿ ÿ1 29# ÿ& ÿ: &0 2ÿ 3ÿ ÿ3#0 28Eÿÿ ÿ ÿ STATE OF CALIFORNIA DWC DISTRICT OFFICE E-COVER SHEET REQUIRED FIELDS SHOWN BY "*" Yes 0 Is this a new Case?* Companion Cases Exist □ More than 15 Companion Cases No 0 Location: CTL Walk Thru □ Date: ( MM/DD/YYYY) SSN(Numbers Only) (If Specific Injury, use the start date as the specific date of injury) Specific Injury Cumulative Injury Body Part 1 No 06/19/2019 Case Number:* 0 Yes 0 : Body Part 3 06/13/2019 (END DATE: MM/DD/YYYY) (START DATE: MM/DD/YYYY) 100 HEAD - NOT SPECIF : Body Part 2 : 141 JAW - INCLUDING C Body Part 4 : Other Body Parts : Please check unit to be filed on ( check only one box )* ADJ 0 DEU 0 SIF 0 UEF 0 SAU 0 Companion Cases Case 1: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 2: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : INT 0 RSU Case 3: 0 Specific Injury (If Specific Injury, use the start date as the specific date of injury) 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 4: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 5: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 6: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 7: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 8: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 9: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 10: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 11: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 12: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 13: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 14: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 15: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : STATE OF CALIFORNIA DIVISION OF WORKERS' COMPENSATION WORKERS' COMPENSATION APPEALS BOARD APPLICATION FOR ADJUDICATION OF CLAIM Case Number Amended Application □ SSN *Venue Choice is based upon: 0 0 0 County of residence of employee (Labor Code section 5501.5(a)(1) or (d).) County where injury occurred (Labor Code section 5501.5(a)(2) or (d).) County of principal place of business of employee’s attorney (Labor Code section 5501.5(a)(3) or (d).) * Enter the zipcode for the venue choice designated above, and then tab to Hearing Location Field and choose the corresponding Hearing Location Code Injured Worker First Name* ALAN MI Last Name* Street Address 1 /PO Box Street Address 2 /PO Box International Address City* State* Zip Code* (Numbers Only) STRICKLAND I II ~-~ OAK I Applicant (If other than injured employee) 0 Insurance Carrier 0 Employer 0 Lien Claimant Name Street Address 1 /PO Box Street Address 2 /PO Box City State Zip Code (Numbers Only) Employer Information 0 Insured Self-Insured 0 Legally Uninsured Employer COUNTY OF ALAMEDA SHERIFFS DEPT Name* Employer Street Address/PO Box* 550 6TH ST City* OAKLAND State* CA Zip Code* (Numbers Only) 94607 0 Uninsured Insurance Carrier Information (if known and if applicable - include even if carrier is adjusted by claims administrator) Insurance Carrier Name Street Address/PO Box City State Zip Code (Numbers Only) Claims Administrator Information (if known and if applicable) Name YORK OAKLAND Street Address/PO Box PO BOX 619079 City ROSEVILLE State CA Zip Code (Numbers Only) 95661 IT IS CLAIMED THAT : 1. The injured worker born* (Date of birth : MM/DD/YYYY) , while employed as a(n) DEPUTY SHERIFF (Occupation at the time of injury) suffered a: ( Choose only one ) specific injury on 06/13/2019 0 (DATE OF INJURY: MM/DD/YYYY) cumulative trauma injury which began on and ended on (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) The injury occured at* 7000 COLISEUM WAY OAKLAND (Street Address/PO Box - Please leave blank spaces between numbers, names or words) , CA (City)* 94621 (State)* (Zip Code)* (State which parts of the body were injured) Body Part 1 : 100 HEAD - not specified Body Part 2 : 141 JAW - including chin and mand Body Part 3 : Body Part 4 : Other Body Parts : 2.The injury occurred as follows: ( Explain What The Worker Was Doing At The Time Of Injury And How The Injury Occured ) Field size limited to 325 characters ASSAULTED BY PATRON ATTEMPTING TO STORM THE COURT RESULTING IN INJURY TO APPLICANT'S JAW AND HEAD 3. Actual earnings at the time of injury Rate of Pay $ 0 Monthly 0 Weekly 0 Hourly ~-------------~----~ 0 State value of tips, meals, lodging or other advantages regularly received $ Monthly ~ - - - - - - - - - - - - - ~ - - - - ~ o Weekly Hourly 0 Number of hours worked per week. 4. The injury caused disability as follows Last day off work due to injury : (MM/DD/YYYY) First Period of Disability: Start date End date (MM/DD/YYYY) Second Period of Disability: Start date (MM/DD/YYYY) End date (MM/DD/YYYY) (MM/DD/YYYY) 5. Compensation Compensation was paid : 0 Yes 0 No Total paid: Weekly rate(s): Date of last payment: (MM/DD/YYYY) 6. Has the worker received any unemployment insurance benefits and/or any unemployment compensation disability benefits (state disability) since the date of injury? 0 Yes 0 No 7. Medical treatment Medical treatment was received : All treatment was furnished by the Employer or Insurance Carrier : Date of last treatment Other treatment was provided/paid by: 0 0 Yes 0 Yes Yes 0 0 No No 06/14/2019 (MM/DD/YYYY) (NAME OF PERSON OR AGENCY PROVIDING OR PAYING FOR MEDICAL CARE) SELF Did Medi-Cal pay for any health care related to this claim ? : No Names and addresses of doctor(s)/hospital(s)/clinic(s) that treated or examined for this injury, but that were not provided or paid for by the employer or insurance carrier: Name of Doctor/Hospital/Clinic 1. Field size limited to 80 characters Name of Doctor/Hospital/Clinic 2. Field size limited to 80 characters 8. Other cases have been filed for industrial injuries by this employee as follows: Case Number 1 Case Number 2 Case Number 3 Case Number 4 9. This application is filed because of a disagreement regarding liability for: Temporary disability indemnity Permanent disability indemnity Reimbursement for medical expense Rehabilitation Medical treatment Supplemental Job Displacement/Return to Work Compensation at proper rate Other (Specify) ALL BENEFITS Is the Applicant Represented?: 0 Yes 0 No if "No", applicant is to sign and date below. if "Yes", applicant’s representative is to complete the following and is to sign and date below 0 Law Firm/Attorney 0 Non Attorney Representative Law Firm or Company Name(If Applicable) MASTAGNI HOLSTEDT SACRAMENTO Law Firm Number (If Applicable) Attorney/Rep First Name 5216187 JOHN Attorney/Rep MI Attorney/Rep Last Name HOLSTEDT Street Address/PO Box 1912 I ST City SACRAMENTO State CA Zip Code (Numbers Only) 95811 Applicant Attorney / Representative S JOHN HOLSTEDT Signature Applicant Signature Dated at SACRAMENTO City , California Date 06/19/2019 (MM/DD/YYYY) INSTRUCTIONS FILING AND SERVICE OF A DECLARATION OF READINESS IS A PREREQUISITE TO THE SETTING OF A CASE FOR HEARING. Effect of Filing Application Filing of this application begins formal proceedings against the defendant(s) named in your application. Assistance in Filling Out Application You may request the assistance of an information and assistance officer of the Division of Workers' Compensation. Right to Attorney You may be represented by an attorney or agent, or you may represent yourself. The attorney's fee will be set by the Workers' Compensation Appeals Board at the time the case is decided and is ordinarily payable out of your award. Filling Out Application For "amended" applications, the venue choice must be the same as that specified on the original application, unless an order changing venue has issued. A street or P.O. Box address within the United States must be entered for the place where the injury occurred. Therefore, if the injury did not occur at a fixed or identifiable location (such as a field, a highway, or on water), or if the injury occurred outside of the United States, the employer's business address or another appropriate address must be specified; however, a short explanation regarding the place of injury may be appended to the application. If medical treatment has been paid for by Medi-Cal, Medicare, group health insurance, or a private carrier, please specify. Service of Documents Your attorney or agent will serve all documents in accordance with Labor Code section 5501 and the Workers' Compensation Appeals Board's Rules of Practice and Procedure. If you have no attorney or agent, copies of this application will be served by the Workers' Compensation Appeals Board on all parties. If you file any other document, you must mail or deliver a copy of the document to all parties in the case. IMPORTANT! If any applicant is under 18 years of age, it will be necessary to file a Petition for Appointment of Guardian ad Litem. Forms for this purpose may be obtained at the district office of the Workers' Compensation Appeals Board, or by calling the district office and requesting this form. State of California Oepartmi:ntof lndus-trial Relations Division of Workers' Compensation FEE DISCLOSURE STATEMENT Tfyou choose to be represented by an attorney, your attorney's fees will be deducted from your benefits. The fee will be approved by the Workers' Compensation Appeals Board with consideration given to the: (I) responsibility assumed by the attorney; (2) care exercised in representing you; (3) time involved; and, (4) results obtained. Attorney's fees normally range from 9% to 12% of the benefits awarded. There are certain circumstances where your employer (or his/her insurer) may be liable to pay your attorney's fees. For example, if the employer disputes a permanent disability evaluation obtained when you were not represented by an attorney, your employer may be liable for any attorney fees you incur because of the dispute. If at any time you no longer wish to be represented by the attorney, you may withdraw from representation by notifying the attorney. If you withdraw from representation, the fee amount found by a workers' compensation judge to be the fair value of any work the attorney did in your case will be deducted from your award. Your case is being filed at the Division of Workers' Compensation at the following location: The employee bas been advised of the district oftice at which his or her ease will be filed and that he or she may be required to attend conferences or hearings at this location at bis or her own expense. An Information and Assistance Officer 1110' be able to answer your questions concerning your u1orkers' compensation benefits at no charge to you. The Officer may be able to resolve your problems without the need for litigation. 00~ Call this toll:free number: 1-8. Employee's Signature Employee's Name .;/k::;....;:.;...,~==='--------- Date t--/ 8:-) 0 i j A\111'\ ,<,trl-t!( levt1{ I hereby declare under penalty of perjury that I am the attorney representing the above-named employee, or am an attorney licensed by the State Bar of California regularly employed by the firm by which the employee will be represented, and have advised the employee of their rights as set forth above and in Labor Code section 4906(e) and (g)(l ). Attorney's Signature-9?--v_· __·_·_ _ Attorney'snameJoha fc H•i-;;n:.~ r Address./YV'b'flftLfvtj,fcf-.u_~~ Susan N. Hastings Attorneys for Defendants COUNTY OF ALAMEDA SHERIFF'S OFFICE, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP, INC. 27 28 -2- 1 2 3 4 5 LAUGHLIN, FALBO, LEVY & MORESI [OAKLAND] Susan N. Hastings (SBN 158027) One Capitol Mall, Suite 400 Sacramento, CA 95814 Telephone: (510) 628-0496 Attorneys for Defendants COUNTY OF ALAMEDA SHERIFF'S OFFICE, Permissibly Self-Insured, . Adjusted by YORK RISK SERVICES GROUP, INC. 6 BEFORE THE WORKERS' COMPENSATION APPEALS BOARD 7 STATE OF CALIFORNIA 8 9 ALAN STRICKLAND Applicant, 10 11 12 WCAB Case No: ADJ12298405 MOTION TO QUASH V. COUNTY OF ALAMEDA SHERIFF'S OFFICE, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP,INC. 13 Defendants. 14 15 COMES NOW, defendants York Risk Services as adjusting agent of The County of 16 Alameda, and herein moves to Quash the June 24, 2019 Subpoena issued demanding records of 17 The County of Alameda (Exhibit A). This Motion is based on the following: 18 1. The subpoena is overbroad. 19 2. The subpoena is duplicative, as the relevant records have previously been provided. 20 3. The County's compliance with the subpoena would lead to the production of privileged records, as the County of Alameda is a party to this matter. 21 22 4. A copy of the subpoena and declaration is attached and incorporated by reference herein as Exhibit A. 23 24 5. Defense counsel has attempted to contact applicant's counsel to resolve whether they in 25 fact received the relevant records from the third party administrator and no response has 26 yet been provided. 27 II 28 II -1- 1 On or around June 19, 2019, Applicant Alan Strickland, filed an Application for 2 Adjudication of claim for a specific injury on June 13, 2019. The injury has been admitted and 3 benefits provided. Defendant moves to quash applicant's June 24, 2019 subpoena duces tecum 4 directed at the County of Alameda for "all writings pertaining to the events on June 13, 2019" 5 for the following reasons: 6 On June 26, 2019, defendant York served on applicant's attorney all claimant 7 correspondence, benefit print out documents and all medical records. Despite having been 8 provided with all relevant documents, applicant's counsel filed a subpoena for further records. 9 Defendant is informed and believes, and herein alleges, that this subpoena is overly broad, 10 vague, ambiguous, unduly burdensome and further demands the production not only of 11 documents which have been provided but also production of documents which are not relevant to 12 any disputed issues, nor reasonably calculated to lead to the discovery of admissible evidence. 13 This subpoena demands documents protected by privilege and further makes no showing of any effort to obtain these documents by other less burdensome and more convenient methods. 14 15 I. 16 This subpoena fails to comply with the Code of Civil Procedure Section 1985(b) and violates the spirit of regulations which implement Labor Code 5307.9 17 Code of Civil Procedure 1985(b) states: 18 A copy of an affidavit shall be served with a subpoena duces tecum ... showing good cause for the production of the matters and things described in the subpoena ... setting forth in full detail the materiality thereof to the issues involved in the case ... " (emphasis added). 19 20 21 A subpoena which does not comply with this statue has no legal force or effect. This 22 subpoena shows no "good cause" for demanding the documents, nor has applicant made any 23 showing that they have " ... materiality ... to the issues ... " 24 documents are material " ... to assist in determining issues in the case." 25 26 The subpoena states that the This is an admitted injury, and the subpoena does not give any detail, let alone "full detail," to clarify what "issues" are in dispute. As the injury is not at issue, many, if not all of the documents demanded are irrelevant. 27 II 28 II -2- II. I 2 This subpoena is an attempt to vex, annoy and harass defendant or is designed as a "fishing expedition." CCP 2019.030(a) states: 3 4 The court shall restrict the frequency or extent of use of a discovery method provided in 2019.010 ifit determines either of the following: 5 (I) 6 (2) 7 The discovery sought is unreasonably cumulative or duplicative or is obtainable from other source that is more convenient, less burdensome or less expensive. The selected method of discovery is unduly burdensome or expensive, taking into account the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation. 8 The court has the authority to make an order to protect a person from unreasonable and 9 oppressive demands (CCCP 1987.l(a)). It is the judge's responsibility to control abuse in the 10 judiciary process, including prohibiting the use of tactics to leverage, burden, embarrass or cause II undue expense to a person or party (Obregon v. The Super. Ct of Los Angeles; Cimm's, inc 12 (1998) 67 Cal.App 45h 424; 79 Cal. Rptr 2nd 62). This subpoena directed to the County of Alameda appears to be vexatious and annoying 13 14 as it demands documents which are privileged, documents which are not relevant or designed to lead to relevant discovery, and fails to explain as to how any of the multitude of documents 15 16 demanded are at all material to any disputed issue. They also appear to be discovery which centers on a civil court action and not for workers' compensation benefits. It demands "all 17 writings ... including " ... body camera footage, incident site camera recordings, incident video 18 recordings, incident site audio recording, photographs, call center recording, dispatch recordings, 19 cad logs, incident reports, crime reports, investigative reports, statements, correspondence, notes, 20 maps, diagrams, analysis recommendations, citations, and all other writings created, obtained, or received from any other agency, person, or organization.." This includes documents which are 21 privileged as communication between attorney and client or as attorney work product. This 22 includes documents which the County does not possess, and includes demands for irrelevant 23 documents. This subpoena demands production of documentation and evidence which is not only 24 vague and ambiguous, it demands irrelevant information. 25 It would be unduly burdensome to this defendant and an unnecessary cost to comply with 26 this overly-broad, vague, ambiguous and legally invalid subpoena, and this defendant requests 27 28 that the WCAB exercise its authority to prevent such harassment. II II -3- CONCLUSION 1 The subpoena issued by applicant for records from the employer is unreasonable, overly 2 3 broad, requesting irrelevant material and documents. It is vague and ambiguous, and it requests documents protected by privilege, demands production of documents and material not in 4 possession of the County of Alameda, fails to show good cause as to how these documents are 5 relevant or material to any issues, and appears to be for the purpose of imposing an unreasonable 6 burden on the defendant to vex, annoy or harass. 7 WHEREFORE, Defendant, County of Alameda respectfully requests the protection of the WCAB in issuing an Order Quashing this Subpoena and all other proper relief. 8 9 10 11 DATED: July 10, 2019 Respectfully submitted, LAUGHLIN, FALBO, LEVY & MORESI LLP By: ~~ 12 13 14 Susan N. Hastings Attorneys for Defendants COUNTY OF ALAMEDA SHERIFF'S OFFICE, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP, INC. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- 1 VERIFICATION 2 I am one of the attorneys for the defendant in this action. The facts alleged in the above 3 document are within my knowledge, and I make this verification for that reason; the above 4 document is true to my own knowledge, except as to the matters that are stated in it on 5 information and belief, and as to those matters, I believe it to be true. 6 7 8 I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed this 10th day of July, 2019 at Oakland, California. ~~ 9 10 Sus.an N. Hastings 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- 1 2 3 4 5 6 LAUGHLIN, FALBO, LEVY & MORESI [OAKLAND] Susan N. Hastings (SBN 158027) One Capitol Mall, Suite 400 Sacramento, CA 95814 Telephone: (510) 628-0496 EAMS#: 4868748 Attorneys for Defendants COUNTY OF ALAMEDA SHERIFF'S OFFICE, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP, INC. BEFORE THE WORKERS' COMPENSATION APPEALS BOARD 7 STATE OF CALIFORNIA 8 9 ALAN STRICKLAND 10 11 12 13 14 15 16 WCAB Case No: ADJ12298405 Applicant, REQUEST FOR SPECIAL NOTICE AND SERVICE NOTICE OF REPRESENTATION V. COUNTY OF ALAMEDA SHERIFF'S OFFICE, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP,INC. Defendants. TO THE WORKERS' COMPENSATION APPEALS BOARD AND TO ALL PARTIES: PLEASE TAKE NOTICE that the firm of LAUGHLIN, FALBO, LEVY & MORESI 17 LLP (LAUGHLIN FALBO OAKLAND 4868748), One Capitol Mall, Suite 400, Sacramento, 18 CA 95814, has been retained as attorneys for COUNTY OF ALAMEDA SHERIFF'S OFFICE, 19 Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP, INC. (YORK 20 ROSEVILLE 4971047). 21 We request that our firm be entered on the records of the Workers' Compensation 22 Appeals Board as attorneys for the designated party and that copies of all papers, notices, and 23 proceedings be served upon the undersigned as well as said defendants. 24 DATED: July 10, 2019 25 Respectfully submitted, LAUGHLIN, FALBO, LEVY & MORESI LLP C.07 26 By: / v,,.+.-; . h /UMVvvy;-- 27 28 Susan N. Hastings Attorneys for Defendants -1- 1 LAUGHLIN FALBO OAKLAND Shanja Madison smadison@lflm.com 510-628-0496 2 CERTIFICATE OF SERVICE BY MAIL 3 ALAN STRICKLAND v. COUNTY OF ALAMEDA SHERIFF'S OFFICE, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP, INC. WCAB Case No: ADJ12298405 4 5 I am over 18 years of age and not a party to the within-entitled action. I am employed at 6 and my business address is LAUGHLIN, FALBO, LEVY & MORESI LLP, One Capitol Mall, 7 Suite 400, Sacramento, CA 95814. On this date, I served the following: 8 REQUEST FOR SPECIAL NOTICE AND SERVICE NOTICE OF REPRESENTATION DECLARATION IN COMPLIANCE WITH LABOR CODE SECTION 4906(h) 9 10 11 12 13 14 15 16 17 by placing a true copy thereof enclosed in a sealed envelope with postage prepaid in the United States mail at Oakland, California, addressed as shown below. Workers' Compensation Appeals Board 1515 Clay Street, 6th Floor Oakland, CA 94612 (Via E-Filing) Annette Marie York Risk Services Group, Inc. P.O. Box 619079 Roseville, CA 95661 (Claim No: CTYA-105572) (Via E-Mail & US Mail) 19 John R. Holstedt, Esq. Mastagni, Holstedt, Amick, Miller & Johnsen 1912 I Street Sacramento, CA 95811-3151 20 oscwest@yorkrsg.com 18 21 22 I declare under penalty of perjury that the foregoing is true and correct. Executed at Oakland, California on July 10, 2019. 23 24 25 Yolanda Kirk 26 27 28 -4- 1 LAUGHLIN FALBO OAKLAND Shanja Madison smadison@lflm.com 510-628-0496 2 CERTIFICATE OF SERVICE BY MAIL 3 4 ALAN STRICKLAND v. COUNTY OF ALAMEDA SHERIFF'S OFFICE, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP, INC. WCAB Case No: ADJ12298405 5 I am over 18 years of age and not a party to the within-entitled action. I am employed at 6 and my business address is LAUGHLIN, FALBO, LEVY & MORESI LLP, One Capitol Mall, 7 Suite 400, Sacramento, CA 95814. On this date, I served the following: MOTION TO QUASH 8 9 10 11 12 by placing a true copy thereof enclosed in a sealed envelope with postage prepaid in the United States mail at Oakland, California, addressed as shown below. Workers' Compensation Appeals Board 1515 Clay Street, 6th Floor Oakland, CA 94612 (Via E-Filing Only) 13 14 15 16 17 18 Annette Marie (via email & mail) York Risk Services Group, Inc. P.O. Box 619079 Roseville, CA 95661 (Claim No: CTYA-105572) John R. Holstedt, Esq. Mastagni, Holstedt, Amick, Miller & Johnsen 1912 I Street Sacramento, CA 95811-3151 20 ARS,LLC 1816 Tribute Road, Suite 100 Sacramento, CA 95815 21 oscwest@yorkrsg.com 19 22 23 I declare under penalty of perjury that the foregoing is true and correct. Executed at Oakland, California on July 10. 2019. 24 25 Yolanda Kirk 26 27 28 -6- STATEOFCALlFORNJA DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF WORKERS' COMPENSATION K.21857-A WORKERS' COMPENSATION APPEALS BOARD Case No. ADJl2298405 (JF APPLICATION HAS BEEN FILED, CASE NUMBER MUST BE lNDJCATEO REGARDLESS OF DATE OF INJURY) ALAN STRICKLAND Claimant/Applicant, SUBPOENA DUCES TECUM PS. (When records are mailed, identify them by using above case number or attaching a copy of subpoena) Where no application has been filed for injuries on or after January I, 1990 and befure January t, 1994, subpoena will be valid without a case number1 but subpoena must be served on claimant and employer and/or insurance carrier. COUNTY OF ALAMEDA SHERIFFS DEPT Employer/Insurance Carrie1;IDefenda11t. See instructions below.* The People ofthe State ofCalifornia Send Greetings to: ALAMEl>A COUNTY SHERIFF'S DEPARTMENT 1401 LAKESIDE DRIVE, 6TH FLOOR SUITE 604, OAKLAND, CA 94612 WE COMMAND YOU to appear before,_A=RS=~Le!:LC'.!=...._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ at 1816 TRIBUTE ROAD, SUITE 100, SACRAMENTO, CA 95815 (916) 646-9028 on the I 1th day of July, 2019 , at 08 o'clock~.M., to testify in the aboveentitled matter and to bring with you and produce the following described documents, papers, books and records. SEE ATTACHMENT 3 (Do not produce X-rays unless specifically mentioned above.) For failure to attend as required, you may be deemed guilty of a contempt and liable to pay to the pruties aggrieved all losses and damages sustained thereby and forfeit one hundred dollru·s in addition thereto, This subpoena is issued at the request of the person making the declaration on the reverse hereof, or on the copy which is served .herewith. Date June 20 2019 WORKERS' COMPENSATION APPEALS BOARD OF THE STATE OF CALIFORNIA ~~ Secretary, Assistant Secretaty, Workers' Compensation Judge *FOR INJURIES OCCURING ON OR AFTER JANUARY 1. 19901 AND BEFORE JANUARY l, 1994 Ifno Application for Adjudication of Claim bas been filed, a declaration under penalty ofperjmy that the Employee's Claim for Workers' Compensation Benefits (Form DWC-1) has been filed pursuant to Labor Code Section 5401 must be executed properly. SEE REVERSE SIDE {SUBPOENA INVALID WITHOUT DECLARATION] You may fillty comply with this subpoena by mailing the records described (or authenticated copies, Evict, Code 1561) to the person and place stated above within ten (10) days of the date of service of this subpoena. This subpoena does not apply to any member of the Highway Patrol, Sherill's Office or city Police Department unless accompanie from this Board that deposit of the witness fee has been made in accordance with Government Code 68097.21 et seq. DWC WCAB 32 (Side 1) (REV. 06/18) i EXHIBIT ft DECLARATION FOR SUBPOENA DUCES TECUM CaseNo. ADJ12298405 The undersigned states: That he /she is (one of) the attorney(s) of record/ representative(s) for the applicant/defendant in the action captioned on the reverse hereof. That the subpoenaed Custodian of Records has in his/her possession or under his/her control the documents described on the reverse hereof. That said documents are material to the issues involved in the case for the following reasons: To assist in determining one or more of the following: To detern1ine present and/or past physical conditions; nature, extent and duration of sickness; injury, disability arising out of employment and in the course of employment and/or necessity of further treatment; employment occupation and duties, earnings and earnings capacity self-procured aud future medical treatment, vocational rehabilitation under Labor Code 129.5 and status as Q.I.W (Qualified Injured Worker).; Jurisdiction and statute oflimitations. Ifno objection is made by any party to this case prior to copying then no valid objection exists. Declaration for Injuries on or After January 1, 1990 and Before January 1, 1994 li!l That an Employee's Claim for Workers' Compensation Benefits (DWC Form 1) has been filed in accordance with Labor Code Section 5401 by the alleged injured worker whose records are sought, or if the worker is deceased, by the dependent(s) of the decedent, and that a true copy of the form filed is attached hereto. (Check box if applicable and part of declaration below. See instructions on front of subpoena.) I declare under penalty of perjury that the foregoing is true and correct Executed on June 24 2019 ARSLLC, Legal Agent ror: ISi BRETT BEYLER Signature at SACRAMENTO California. MASTAGNI HOLS1EDT APC 1912 I STREEl',_ SUITE 102 SACRAMENTv, CA 9581) (916) 446-4692 Address Telephone DECLARATION OF SERVICE STATE OF CALIFORNIA, County of _ _ _ _ _ _ _ _ _ _ _ _ _ __ I, the undersigned, state that I served the foregoing subpoena by showing the original and delivering a true copy thereof, together with a copy of the Declaration in support thereof, to each of the following named persons, personally, atthe date and place set forth opposite each name. Name of Person Served Place 1401 LAKESIDE DRIVE, 6TH FLOOR SUITE 604 OAmND) CA 94612 l declare under penalty of perjury that the foregoing is true and correct Executed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __, California, Signature DWC WCAB 32(Side2) (REV. 06/18) ATTACHMENT 3 K21857-A SUBJECT: ALAN STRICKLAND AKA: NOT PROVIDED DOB: SSN: ALL WRITINGS THAT COMMENT ON, DESCRIBE, SHOW, REFLECT, OR IN ANY WAY RELATE TO THE INCIDENT THAT OCCURRED ON JUNE 13, 2019, AT APPROXIMATELY 9:00PM (AND/OR WITHIN A FEW MINUTES AFTER THE CONCLUSION OF GAME 6 OF THE 2019 NBA CHAMPIONSHIPS), AT ORACLE ARENA IN OAKLAND, CALIFORNIA, DURING WHICH TORONTO RAPTOR'S PRESIDENT MASAI UJIRI CAME INTO PHYSICAL CONTACT WITH ALAMEDA COUNTY SHERIFF'S DEPUTY ALAN STRICKLAND AND/OR MADE STATEMENTS TO, OR ABOUT, DEPUTY STRICKLAND. WRITINGS TO BE PRODUCED INCLUDE BUT ARE NOT LIMITED TO DEPUTY ALAN STRICKLAND'S BODY'CAMERA:FOOTAGE, INCIDENT SITE CAMERA RECORDINGS, INCIDENT SITE VIDEO RECORDINGS, INCIDENT SITE AUDIO RECORDINGS, PHOTOGRAPHS, CALL CENTER RECORDINGS, DISPATCH RECORDINGS, CAD LOGS, INCIDENT REPORTS, CRIME REPORTS, INVESTIGATIVE REPORTS, STATEMENTS, CORRESPONDENCE, NOTES, MAPS, DIAGRAMS, ANALYSIS, RECOMMENDATIONS, CITATIONS, AND ALL OTHER WRITINGS CREATED, OBTAINED, OR RECEIVED FROM ANY OTHER AGENCY, PERSON, OR ORGANIZATION CONCERNING THE ABOVE DESCRIBED INCIDENT. FOR PURPOSES OF THIS SUBPOENA, THE TERM "WRITING" IS DEFINED BY CALIFORNIA EVIDENCE CODE SECTION 250, AND INCLUDES ALL ELECTRONIC MEANS OF COMMUNICATIONS AND VISUAL MEDIA. 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 LAUGHLIN FALBO OAKLAND Shanja Madison (510) 628-0496 smadison@lflm.com CERTIFICATE OF SERVICE BY MAIL ALAN STRICKLAND v. COUNTY OF ALAMEDA SHERIFF'S OFFICE, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP, INC. WCAB Case No: ADJ12298405 I am over 18 years of age and not a party to the within-entitled action. I am employed at and my business address is LAUGHLIN, FALBO, LEVY & MORESI LLP, One Capitol Mall, Suite 400, Sacramento, CA 95814. On this date, I served the following: Declaration of Readiness to Proceed to Status Conference by placing a true copy thereof enclosed in a sealed envelope with postage prepaid in the United States mail at Fresno, California, addressed as shown below. Annette Marie York Risk Services Group, Inc. P.O. Box 619079 Roseville, CA 95661 (Claim No: CTYA-105572) Justin Pajaro York Risk Services Group P.O. Box 619079 Roseville, CA 95661 John R. Holstedt, Esq. Mastagni, Holstedt, Amick, Miller & Johnsen 1912 I Street Sacramento, CA 95811-3151 Alan Strickland Workers' Compensation Appeals Board 1515 Clay Street, 6th Floor Oakland, CA 94612 VIA EAMS ONLY I declare under penalty of perjury that the foregoing is true and correct. Executed at Fresno, California on July 23, 2019. 26 27 28 __________________________________________ Goldie Shahbazi -1- STATE OF CALIFORNIA DWC DISTRICT OFFICE E-COVER SHEET REQUIRED FIELDS SHOWN BY "*" Companion Cases Exist Location: I CTL □ More than 15 Companion Cases Date: ( MM/DD/YYYY) Case Number:* □ 07/23/2019 I I ADJ12298405 I SSN(Numbers Only) I I 0 Specific Injury (If Specific Injury, use the start date as the specific date of injury) 0 Cumulative Injury I Body Part 1 : Body Part 3 : Other Body Parts : I I (START DATE: MM/DD/YYYY) I (END DATE: MM/DD/YYYY) I I I I I I Body Part 2 : Body Part 4 : I I I I Please check unit to be filed on ( check only one box )* 0 ADJ 0 DEU 0 SIF 0 UEF 0 SAU 0 Companion Cases Case 1: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 2: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : INT 0 RSU Case 3: 0 Specific Injury 0 Cumulative Injury (If Specific Injury, use the start date as the specific date of injury) (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 4: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 5: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 6: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 7: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 8: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 9: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 10: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 11: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 12: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 13: 0 Specific Injury 0 Cumulative Injury (If Specific Injury, use the start date as the specific date of injury) (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 14: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 15: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : STATE OF CALIFORNIA DIVISION OF WORKERS' COMPENSATION WORKERS' COMPENSATION APPEALS BOARD DECLARATION OF READINESS TO PROCEED NOTICE: Any objection to the proceedings requested by a Declaration of Readiness to proceed shall be filed and served within ten (10) days after service of the Declaration. Case No ADJ12298405 Applicant First Name* ALAN MI Last Name* STRICKLAND VS Employer Information Employer Name COUNTY OF ALAMEDA SHERIFFS DEPT Employer Street Address / PO Box 550 6TH ST City OAKLAND State CA Zip Code (Numbers Only) 94607 Declarants: Please designate your role (Please Select Only One)* 0 0 0 0 Employee Applicant Defendant Lien Claimant Declarant requests: (Please Select Only One)* 0 0 Mandatory Settlement Conference 0 Lien Conference 0 Status Conference 0 Priority Conference Rating MSC* Hearing Date Select a Hearing Date from the drop-down list: * 2019/08/20-13:30:00 Search ) Hearing Date Alternate Hearing Date: At the present time the principal issues are: Compensation Rate □ □ Temporary Disability □ Permanent Disability □ AOE/COE □ Employment (Check all that apply) □ Rehabilitation / SJDB □ Self-procured Medical Treatment □ Future Medical Treatment □ Discovery [2] Other MOTION TO QUASH Declarant relies on the report(s) of: Doctor(s) Dated (MM/DD/YYYY) Declarant states under penalty of perjury that (1) he or she is presently ready to proceed to hearing on the issues below and has made the following specific, genuine, good faith efforts to resolve the dispute(s) listed below, MOTION TO QUASH SDT OF COUNTY RECORDS FILED ON 7/10/19. WCAB DETERMINATION NEEDED. and (2) unless a status or priority conference is requested, I have completed discovery on the issues listed above, and that all medical reports in my possession or control have been filed and served as required by applicable rules. If you are a lien claimant filing for a lien conference, you must complete this section: The lien filing fee or activation fee has been paid. Confirmation No: A filing fee or activation fee is not required because the lien is exempt, or because either the lien was not filed under Labor Code section 4903(b) or the lien is not a claim of costs. A filing fee was previously paid under the law in effect from 2004 to 2006 and proof of that payment is attached. Copies of this Declaration have been served this date as shown on the attached proof of service. Declarant’s Signature S SUSAN HASTINGS Name and Law Firm LAUGHLIN FALBO OAKLAND Address 1 CAPITOL MALL STE 400 SACRAMENTO CA 95814 Phone Number 5106280496 Date (MM/DD/YYYY) 07/23/2019 *For a Rating MSC, all ratable medical reports, including treating physician, QME and AME reports, must be filed with this Declaration of Readiness, unless they have been previously filed. A Rating MSC will be set only where the issues are limited to permanent disability and the need for future medical treatment. □ □ INSTRUCTIONS 1. This Declaration must be completed and filed before any case will be set for hearing at the request of any party. A party may request a mandatory settlement conference hearing, status conference hearing, rating mandatory settlement conference hearing, or a priority conference hearing. A mandatory settlement conference is held to assist the parties in resolving the dispute. If the dispute cannot be resolved at that time, the parties should be ready to frame issues, record stipulations, list exhibits, and list the witnesses who will testify at trial. A trial is set only at the discretion of the judge and is set for the purpose of receiving evidence. A rating mandatory settlement conference is a mandatory settlement conference but ratings of the medical reports will be available at the time of the conference. A status conference is not a mandatory settlement conference but a proceeding for which judicial attention is required. It can include, but is not limited to, a lien conference or conference in a complicated case in which discovery is not complete and the parties need the judge’s guidance. A priority conference is a conference held under Labor Code section 5502(c) in which the injured worker is represented by an attorney and the issues include employment and/or injury arising out of and in the course of employment. 2. Unless notified otherwise, no witness other than the applicant need attend conference hearings. Claims adjusters and lien claimants must be present or available by telephone. 3. The party requiring an interpreter must arrange for the presence of an interpreter, except that the defendant(s) must arrange for the presence of the interpreter if the injured worker is not represented by an attorney. 4. Continuances are not favored and none will be granted after the filing of this Declaration without a clear and timely showing of good cause. 5. The Workers’ Compensation Appeals Board favors the presentation of medical evidence in the form of written reports. 6. The WCJ, upon the receipt of the Declaration of Readiness, may set the case for a type of proceeding other than the one requested (Rule 10417). Workers' Compensation Information and Assistance - 1 (800) 736-7401 STATE OF CALIFORNIA DWC DISTRICT OFFICE E-COVER SHEET REQUIRED FIELDS SHOWN BY "*" Yes 0 Is this a new Case?* Companion Cases Exist □ More than 15 Companion Cases No 0 Location: CTL Walk Thru □ Date: ( MM/DD/YYYY) 07/26/2019 Case Number:* ADJ12298405 Cumulative Injury Body Part 1 : Body Part 3 No SSN(Numbers Only) (If Specific Injury, use the start date as the specific date of injury) Specific Injury 0 Yes 0 : 06/13/2019 (END DATE: MM/DD/YYYY) (START DATE: MM/DD/YYYY) 100 HEAD - NOT SPECIF Body Part 2 : 145 TEETH Body Part 4 : 141 JAW - INCLUDING C Other Body Parts : Please check unit to be filed on ( check only one box )* ADJ 0 DEU 0 SIF 0 UEF 0 SAU 0 Companion Cases Case 1: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 2: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : INT 0 RSU Case 3: 0 Specific Injury (If Specific Injury, use the start date as the specific date of injury) 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 4: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 5: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 6: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 7: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 8: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 9: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 10: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 11: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 12: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 13: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 14: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 15: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : STATE OF CALIFORNIA DIVISION OF WORKERS' COMPENSATION WORKERS' COMPENSATION APPEALS BOARD APPLICATION FOR ADJUDICATION OF CLAIM Case Number ADJ12298405 Amended Application [2] SSN *Venue Choice is based upon: 0 0 0 County of residence of employee (Labor Code section 5501.5(a)(1) or (d).) County where injury occurred (Labor Code section 5501.5(a)(2) or (d).) County of principal place of business of employee’s attorney (Labor Code section 5501.5(a)(3) or (d).) * Enter the zipcode for the venue choice designated above, and then tab to Hearing Location Field and choose the corresponding Hearing Location Code Injured Worker First Name* ALAN MI Last Name* Street Address 1 /PO Box* Street Address 2 /PO Box International Address City* State* Zip Code* (Numbers Only) STRICKLAND 1 I II ~-~ OAK I Applicant (If other than injured employee) 0 Insurance Carrier 0 Employer 0 Lien Claimant Name Street Address 1 /PO Box Street Address 2 /PO Box City State Zip Code (Numbers Only) Employer Information 0 Insured Self-Insured 0 Legally Uninsured Employer COUNTY OF ALAMEDA SHERIFFS DEPT Name* Employer Street Address/PO Box* 550 6TH ST City* OAKLAND State* CA Zip Code* (Numbers Only) 94607 0 Uninsured Insurance Carrier Information (if known and if applicable - include even if carrier is adjusted by claims administrator) Insurance Carrier Name Street Address/PO Box City State Zip Code (Numbers Only) Claims Administrator Information (if known and if applicable) Name YORK OAKLAND Street Address/PO Box PO BOX 619079 City ROSEVILLE State CA Zip Code (Numbers Only) 95661 IT IS CLAIMED THAT : 1. The injured worker born* (Date of birth : MM/DD/YYYY) , while employed as a(n) DEPUTY SHERIFF suffered a: ( Choose only one ) (Occupation at the time of injury) specific injury on 06/13/2019 0 (DATE OF INJURY: MM/DD/YYYY) cumulative trauma injury which began on and ended on (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) The injury occured at* 7000 COLISEUM WAY OAKLAND (Street Address/PO Box - Please leave blank spaces between numbers, names or words) , CA (City)* 94621 (State)* (Zip Code)* (State which parts of the body were injured) Body Part 1 : 100 HEAD - NOT SPECIFIED Body Part 2 : 141 JAW - INCLUDING CHIN AND M Body Part 3 : 145 TEETH Body Part 4 : Other Body Parts : 2.The injury occurred as follows: ( Explain What The Worker Was Doing At The Time Of Injury And How The Injury Occured ) Field size limited to 325 characters ASSAULTED BY PATRON ATTEMPTING TO STORM THE COURT RESULTING IN INJURY TO APPLICANT'S JAW AND HEAD. AMENDING TO INCLUDE TEETH. 3. Actual earnings at the time of injury Rate of Pay $ 0 Monthly 0 Weekly 0 Hourly ~-------------~----~ 0 State value of tips, meals, lodging or other advantages regularly received $ Monthly ~ - - - - - - - - - - - - - ~ - - - - ~ o Weekly Hourly 0 Number of hours worked per week. 4. The injury caused disability as follows Last day off work due to injury : (MM/DD/YYYY) First Period of Disability: Start date End date (MM/DD/YYYY) Second Period of Disability: Start date (MM/DD/YYYY) End date (MM/DD/YYYY) (MM/DD/YYYY) 5. Compensation Compensation was paid : 0 Yes 0 No Total paid: Weekly rate(s): Date of last payment: (MM/DD/YYYY) 6. Has the worker received any unemployment insurance benefits and/or any unemployment compensation disability benefits (state disability) since the date of injury? 0 Yes 0 No 7. Medical treatment Medical treatment was received : All treatment was furnished by the Employer or Insurance Carrier : 0 0 Yes 0 Yes Yes 0 0 No No Date of last treatment Other treatment was provided/paid by: (MM/DD/YYYY) (NAME OF PERSON OR AGENCY PROVIDING OR PAYING FOR MEDICAL CARE) Did Medi-Cal pay for any health care related to this claim ? : No Names and addresses of doctor(s)/hospital(s)/clinic(s) that treated or examined for this injury, but that were not provided or paid for by the employer or insurance carrier: Name of Doctor/Hospital/Clinic 1. Field size limited to 80 characters Name of Doctor/Hospital/Clinic 2. Field size limited to 80 characters 8. Other cases have been filed for industrial injuries by this employee as follows: Case Number 1 Case Number 2 Case Number 3 Case Number 4 9. This application is filed because of a disagreement regarding liability for: Temporary disability indemnity Permanent disability indemnity Reimbursement for medical expense Rehabilitation Medical treatment Supplemental Job Displacement/Return to Work Compensation at proper rate Other (Specify) ALL BENEFITS Is the Applicant Represented?: 0 Yes 0 No if "No", applicant is to sign and date below. if "Yes", applicant’s representative is to complete the following and is to sign and date below 0 Law Firm/Attorney 0 Non Attorney Representative Law Firm or Company Name(If Applicable) MASTAGNI HOLSTEDT SACRAMENTO Law Firm Number (If Applicable) Attorney/Rep First Name 5216187 JOHN Attorney/Rep MI Attorney/Rep Last Name HOLSTEDT Street Address/PO Box 1912 I ST City SACRAMENTO State CA Zip Code (Numbers Only) 95811 Applicant Attorney / Representative S JOHN HOLSTEDT Signature Applicant Signature Dated at SACRAMENTO City , California Date 07/26/2019 (MM/DD/YYYY) INSTRUCTIONS FILING AND SERVICE OF A DECLARATION OF READINESS IS A PREREQUISITE TO THE SETTING OF A CASE FOR HEARING. Effect of Filing Application Filing of this application begins formal proceedings against the defendant(s) named in your application. Assistance in Filling Out Application You may request the assistance of an information and assistance officer of the Division of Workers' Compensation. Right to Attorney You may be represented by an attorney or agent, or you may represent yourself. The attorney's fee will be set by the Workers' Compensation Appeals Board at the time the case is decided and is ordinarily payable out of your award. Filling Out Application For "amended" applications, the venue choice must be the same as that specified on the original application, unless an order changing venue has issued. A street or P.O. Box address within the United States must be entered for the place where the injury occurred. Therefore, if the injury did not occur at a fixed or identifiable location (such as a field, a highway, or on water), or if the injury occurred outside of the United States, the employer's business address or another appropriate address must be specified; however, a short explanation regarding the place of injury may be appended to the application. If medical treatment has been paid for by Medi-Cal, Medicare, group health insurance, or a private carrier, please specify. Service of Documents Your attorney or agent will serve all documents in accordance with Labor Code section 5501 and the Workers' Compensation Appeals Board's Rules of Practice and Procedure. If you have no attorney or agent, copies of this application will be served by the Workers' Compensation Appeals Board on all parties. If you file any other document, you must mail or deliver a copy of the document to all parties in the case. IMPORTANT! If any applicant is under 18 years of age, it will be necessary to file a Petition for Appointment of Guardian ad Litem. Forms for this purpose may be obtained at the district office of the Workers' Compensation Appeals Board, or by calling the district office and requesting this form. 1 2 3 Uniformed Assigned Name: Mastagni Holstedt Sacramento Administrator Name: Justine E. Lamy Administrator Phone No.: (916) 491-4244 Administrator’s e-mail: jlamy@mastagni.com 4 PROOF OF SERVICE BY MAIL 5 1013a, 2015 C.C.P. 6 ALAN STRICKLAND V. COUNTY OF ALAMEDA • EAMS: ADJ12298405 7 I am a citizen of the United States and a resident of the County of Sacramento. I am over the age of 8 eighteen years and not a party to the within above-entitled action; my business address is 1912 I 9 Street, Sacramento, California 95811. 10 11 12 13 14 15 16 On 7/26/2019 I served the within: AMENDED APPLICATION FOR ADJUDICATION OF CLAIM on the parties in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in California, addressed as follows: Copies to: Alan Strickland Original to: Workers' Compensation Appeals Board 1515 Clay Street, 6th Floor Oakland, CA 94612-1402 (electronically filed) York Insurance Services P.O. Box 619079 Roseville, CA 95661-9058 17 18 Laughlin, Falbo, Levy & Moresi LLP One Capitol Mall, Suite 400 Sacramento, CA 95814 19 20 21 I certify (or declare) under penalty of perjury under the laws of the State of California that the 22 foregoing is true and correct. 23 Executed on 7/26/2019 at Sacramento, California. 24 25 26 27 28 _____________________________ NATHAN D. KIRIAKIDIS Legal Assistant A~ LLC 1816 TRIBUTE ROAD, SUITE 100 SACRAMENTO, CA 95815 11 " c::::=> ***DOCUMENT RELEASE INSTRUCTIONS*** Evidence Code 1560(e): You must make the original records available for copying by a representative of ARS, LLC at your office. Evidence Code 1560(e) requires you to provide ARS, LLC a date to copy within 5 days. INVOICE SUBMITTED FOR THE COPYING OF RECORDS BY A PARTY OTHER THAN ARS, LLC, WITHOUT OUR ADVANCE APPROVAL WILL NOT BE PAID. 10" '---,/ ,-----,,.,..,. 9"c::::=> ** YOU DO NOT NEED TO APPEAR ** When the requested documents are available to be copied or picked up, simply complete this form and FAX it back to (888) 531-2922. If you are unable to fax, please call us at (916) 646-9028. *****Please carefully read the attached Subpoena or Authorization for a complete description of Documents being requested. More than one type of documents may be asked/or, so be sure to include all information listed. ORDER#: K21857-C RECORD SUBJECT: ALAN STRICKLAND AKA: DATE OF BIRTH: SSN: NAME OF YOUR FACILITY: OAKLAND ALAMEDA COUNTY COLISEUM S"c::::=> 7"c::::=> 6"c::::=> Please check the appropriate box(es) regarding which documents are ready to copy/pick up: D D Billing records are included X-rays will be provided D D Do you loan original x-rays for us to duplicate S"c::::=> Do you duplicate films for a fee? Breakdown of X-rays available (If applicable): _ _ _ _ _ _ _ _ _ __ Approximate volume of Documents/Document type: □ □ □ 0-1 Inch 8½Xll" Photos □ □ □ What are your copy hours? Monday to Tuesday to Wednesday to Thursday to Friday to 1-2 Inches Loose Blueprints □ □ □ 2-3 Inches Bound □ □ 4"c::::=> 4 Inches+ Oversized Other: Contact Person: Phone Number :(_) If copy address differs from address on ARS Request, please indicate copy address below: 3"c::::=> 2"c::::=> 1 "c::::=> THANK YOU FOR YOUR ASSISTANCE IN COMPLYING WITH THIS REQUEST!! Should the records not be made available within the specific time frame, we will be forced to notify the requesting party of your non-compliance and proceed with further legal action to include possible monetary sanctions as cited under the California Evidence Code 1563. STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF WORKERS' COMPENSATION K21857-C WORKERS' COMPENSATION APPEALS BOARD Case No. ADJ 12298405 (IF APPLICATION HAS BEEN FILED, CASE NUMBER MUST BE INDICATED REGARDLESS OF DATE OF INJURY) ALAN STRICKLAND Claimant/Applicant, SUBPOENA DUCES TECUM vs. (When records are mailed, identify them by using above case number or attaching a copy of subpoena) Where no application has been filed for injuries on or after January 1, 1990 and before January 1, 1994, subpoena will be valid without a case number, but subpoena must be served on claimant and employer and/or insurance carrier. COUNTY OF ALAMEDA SHERIFFS DEPT Employer/Insurance Carrier/Defendant. See instructions below.* The People of the State of California Send Greetings to: OAKLAND ALAMEDA COUNTY COLISEUM 7000 COLISEUM WAY, OAKLAND, CA 94621 WE COMMAND YOU to appear before_A_R_S...<...,_L_L_C_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ at 1816 TRIBUTE ROAD, SUITE 100, SACRAMENTO, CA 95815 (916) 646-9028 on the 11th day of July, 2019 , at 08 o'clock _A_.M., to testify in the aboveentitled matter and to bring with you and produce the following described documents, papers, books and records. SEE ATTACHMENT 3 (Do not produce X-rays unless specifically mentioned above.) For failure to attend as required, you may be deemed guilty of a contempt and liable to pay to the parties aggrieved all losses and damages sustained thereby and forfeit one hundred dollars in addition thereto. This subpoena is issued at the request of the person making the declaration on the reverse hereof, or on the copy which is served herewith. Date __J_un_e_2_0___2_0_1_9_ _ _ _ _ _ _ __ WORKERS' COMPENSATION APPEALS BOARD OF THE STATE OF CALIFORNIA ~ ~=._.,Secretary, Assistant Secretary, Workers' Compensation Judge *FOR INJURIES OCCURING ON OR AFTER JANUARY 1, 1990, AND BEFORE JANUARY 1, 1994 If no Application for Adjudication of Claim has been filed, a declaration under penalty of perjury that the Employee's Claim for Workers' Compensation Benefits (Form DWC-1) has been filed pursuant to Labor Code Section 5401 must be executed properly. SEE REVERSE SIDE [SUBPOENA INVALID WITHOUT DECLARA TIO NJ You may fully comply with this subpoena by mailing the records described (or authenticated copies, Evid. Code 1561) to the person and place stated above within ten (10) days of the date of service of this subpoena. This subpoena does not apply to any member of the Highway Patrol, Sheriffs Office or city Police Department unless accompanied by notice from this Board that deposit of the witness fee has been made in accordance with Government Code 68097.2, et seq. DWC WCAB 32 (Side I) (REV. 06/18) DECLARATION FOR SUBPOENA DUCES TECUM Case No. ADJl 2298405 STATE OF CALIFORNIA, County of__.___.A=L..._A.....M . . . .E .....D " " - " - - " A ~ - - - - - - - - - - - - - - - - - - - - - - The undersigned states: That he /she is (one of) the attorney(s) of record/ representative(s) for the applicant/defendant in the action captioned on the reverse hereof. That the subpoenaed Custodian of Records has in his/her possession or under his/her control the documents described on the reverse hereof. That said documents are material to the issues involved in the case for the following reasons: To assist in determining one or more of the following: To determine present and/or past physical conditions; nature, extent and duration of sickness; injury, disability arising out of employment and in the course of employment and/or necessity of further treatment; employment occupation and duties, earnings and earnings capacity self-procured and future medical treatment, vocational rehabilitation under Labor Code 129.5 and status as Q.l.W (Qualified Injured Worker).; Jurisdiction and statute of limitations. If no objection is made by any party to this case prior to copying then no valid objection exists. Declaration for Injuries on or After January 1, 1990 and Before January 1, 1994 [xi That an Employee's Claim for Workers' Compensation Benefits (DWC Form I) has been filed in accordance with Labor Code Section 5401 by the alleged injured worker whose records are sought, or if the worker is deceased, by the dependent(s) of the decedent, and that a true copy of the form filed is attached hereto. (Check box if applicable and part of declaration below. See instructions on front of subpoena.) I declare under penalty of perjury that the foregoing is true and correct Executed on June 24, 2019 ARS LLC. Legal Agent for: ISi BRETT SEYLER Signature , at SACRAMENTO , California. MASTAGNI HOLSTEDT APC 1912 I STREE~ SUITE 102 SACRAMENTu CA 95811 (916) 446-4692 Address Telephone DECLARATION OF SERVICE STATE OF CALIFORNIA, County of _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ I, the undersigned, state that I served the foregoing subpoena by showing the original and delivering a true copy thereof, together with a copy of the Declaration in support thereof, to each of the following named persons, personally, at the date and place set forth opposite each name. Name of Person Served Place 7000 COLISEUM WAY OAKLAND CA 94621 I declare under penalty of perjury that the foregoing is true and correct Executed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, California. Signature DWC WCAB 32 (Side 2) (REV. 06/18) ATTACHMENT 3 K21857-C SUBJECT: ALAN STRICKLAND AKA: NOT PROVIDED DOB: SSN: ALL WRITINGS THAT COMMENT ON, DESCRIBE, SHOW, REFLECT, OR IN ANY WAY RELATE TO THE INCIDENT THAT OCCURRED ON JUNE 13, 2019, AT APPROXIMATELY 9:00PM (AND/OR WITHIN A FEW MINUTES AFTER THE CONCLUSION OF GAME 6 OF THE 2019 NBA CHAMPIONSHIPS), AT ORACLE ARENA IN OAKLAND, CALIFORNIA, DURING WHICH TORONTO RAPTOR'S PRESIDENT MASAI UJIRI CAME INTO PHYSICAL CONTACT WITH ALAMEDA COUNTY SHERIFF'S DEPUTY ALAN STRICKLAND AND/OR MADE STATEMENTS TO, OR ABOUT, DEPUTY STRICKLAND. WRITINGS TO BE PRODUCED INCLUDE BUT ARE NOT LIMITED TO INCIDENT SITE CAMERA RECORDINGS, INCIDENT SITE VIDEO RECORDINGS, INCIDENT SITE AUDIO RECORDINGS, RECORDINGS FROM THE TUNNEL CAMERAS, RECORDINGS FROM THE SOUTHGATE CAMERAS, RECORDINGS FROM THE WESTGATE CAMERAS, RECORDINGS FROM THE NORTHGATE CAMERAS, RECORDINGS FROM THE EASTGATE CAMERAS, PHOTOGRAPHS, INCIDENT REPORTS, INVESTIGATIVE REPORTS, STATEMENTS, CORRESPONDENCE, NOTES, MAPS, DIAGRAMS, ANALYSIS, RECOMMENDATIONS, AND ALL OTHER WRITINGS CREATED, OBTAINED, OR RECEIVED FROM ANY OTHER AGENCY, PERSON, OR ORGANIZATION CONCERNING THE ABOVE DESCRIBED INCIDENT. ALL WRITINGS THAT COMMENT ON, DESCRIBE, SHOW, REFLECT, OR IN ANY WAY RELATE TO THE ORACLE ARENA SECURITY POLICY AND/OR RULES REGARDING ACCESS TO THE COURT DURING THE 2019 NBA FINALS, INCLUDING POST-GAME ACTIVITIES. FOR PURPOSES OF THIS SUBPOENA, THE TERM "WRITING" IS DEFINED BY CALIFORNIA EVIDENCE CODE SECTION 250, AND INCLUDES ALL ELECTRONIC MEANS OF COMMUNICATIONS AND VISUAL MEDIA. K21857- C FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address). - BRETT BEYLER MASTAGNI HOLSTEDT, APC 1912 I STREET, SUITE 102, SACRAMENTO, CA 95811 TELEPHONE NO. (916) 446-4692 FAX NO. (Optional). (916) 447-4614 E-MAIL ADDRESS (Optional). tiffany. wa Ike r@a rs) ega Ica. com ATTORNEY FOR (Name). ALAN STRICKLAND WCAB COURT OF CALIFORNIA, COUNTY OF ALAMEDA STREET ADDRESS 1515 CLAY ST, 6TH FL MAILING ADDRESS CITY AND ZIP CODE BRANCH NAME OAKLAND, CA 94612 OAKLAND WCAB PLAINTIFF/ PETITI0NER:ALAN STRICKLAND CASE NUMBER DEFENDANT/ RESP0NDENT:COUNTY OF ALAMEDA SHERIFFS DEPT ADJ12298405 NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION (Code Civ. Proc.,§§ 1985.3, 1985.6) NOTICE TO CONSUMER OR EMPLOYEE TO (name): ALAN STRICKLAND 1. PLEASE TAKE NOTICE THAT REQUESTING PARTY (nameJ:MASTAGNI HOLSTEDT, APC SEEKS YOUR RECORDS FOR EXAMINATION by the parties to this action on (specify date): 07/11/2019 The records are described in the subpoena directed to witness (specify name and address of person or entity from whom records ht)· OAKLAND ALAMEDA COUNTY COLISEUM are soug · 7000 COLISEUM WAY, OAKLAND, CA 94621 A copy of the subpoena is attached. 2. IF YOU OBJECT to the production of these records, YOU MUST DO ONE OF THE FOLLOWING BEFORE THE DATE SPECIFIED. IN ITEM a. OR b. BELOW: a. If you are a party to the above-entitled action, you must file a motion pursuant to Code of Civil Procedure section 1987.1 to quash or modify the subpoena and give notice of that motion to the witness and the deposition officer named in the subpoena at least five days before the date set for production of the records. b. If you are not a party to this action, you must serve on the requesting party and on the witness, before the date set for production of the records, a written objection that states the specific grounds on which production of such records should be prohibited. You may use the form below to object and state the grounds for your objection. You must complete the Proof of Service on the reverse side indicating whether you personally served or mailed the objection. The objection should not be filed with the court. WARNING: IF YOUR OBJECTION IS NOT RECEIVED BEFORE THE DATE SPECIFIED IN ITEM 1, YOUR RECORDS MAY BE PRODUCED AND MAY BE AVAILABLE TO ALL PARTIES. 3. YOU OR YOUR ATTORNEY MAY CONTACT THE UNDERSIGNED to determine whether an agreement can be reached in writing to cancel or limit the scope of the subpoena. If no such agreement is reached, and if you are not otherwise represented by an attorney in this action, YOU SHOULD CONSULT AN AHORNEY TO ADVISE YOU OF YOUR RIGHTS OF PRIVACY. Date: 06/20/19 BRETT BEYLER ► ISi BRETT BEYLER --- -[RJ- - (TYPE OR PRINT NAME) (SIGNATURE OF ~ REQUESTING PARTY ATTORNEY) OBJECTION BY NON~PARTY TO PRODUCTION OF RECORDS 1. ~ I object to the production of all of my records specified in the subpoena. 2. ~ I object only to the production of the following specified records: 3. The specific grounds for my objection areas follows: Date: (TYPE OR PRINT NAME) ► --------------------(SIGNATURE) (Proof of service on reverse) Form Adopted for Mandatory Use Judicial Council of California SUBP-025 [Rev. January 1, 2007] NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION Page 1 of 2 Code of Civil Procedure, §§ 1985.3. 1985.6, 2020.010-202.510 www.courtinfo.ca.gov SUBP-025 CASE NUMBER PLAINTIFF/PETITIONER: ALAN STRICKLAND ADJ12298405 DEFENDANT/RESPONDENT: COUNTY OF ALAMEDA SHERIFFS DEPT PROOF OF SERVICE OF NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION (Code Civ. Proc., §§ 1985.3, 1985.6) c=J Personal Service [X] Mail 1. At the time of service I was at least 18 years of age and not a party to this legal action. 2. I served a copy of the Notice to Consumer or Employee and Objection as follows (check either a orb): a. Personal service. I personally delivered the Notice to Consumer or Employee and Objection as follows: (1) Name of person served: (3) Date served: (4) Time served: (2) Address where served: c=J b. [xJ Mail. I deposited the Notice to Consumer or Employee and Objection in the United States mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows: (1) Name of person served: MASTAGNI HOLSTEDT, APC (3) Date of mailing: June 24, 2019 (4) Place of mailing (city and state): (2) Address: 1912 I STREET, SUITE 102 SACRAMENTO, CA 95811 TORRANCE CA (5) I am a resident of or employed in the county where the Notice to Consumer or Employee and Objection was mailed. c. My residence or business address is (specify): P.O. BOX 3399 . . TORRANCE CA 90510-3399 ' d. My phone number Is (specify): (844) 241-5016 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: June 24, 2019 Sharon Prytz (SIGNATURE OF PERSON WHO SERVED) (TYPE OR PRINT NAME OF PERSON WHO SERVED) PROOF OF SERVICE OF OBJECTION TO PRODUCTION OF RECORDS (Code Civ. Proc., §§ 1985.3, 1985.6) c=J Personal Service c=J Mail 1. At the time of service I was at least 18 years of age and not a party to this legal action. 2. I served a copy of the Objection to Production of Records as follows (complete either a orb): a. ON THE REQUESTING PARTY ( 1) Personal service. I personally delivered the Objection to Production of Records as follows: (i) Name of person served: (iii) Date served: c=J (iv) Time served: (ii) Address where served: (2) CJ Mail. I deposited the Objection to Production of Records in the United States mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows: (i) Name of person served: (iii) Date of mailing: (ii) Address: (iv) Place of mailing (city and state): (v) I am a resident of or employed in the county where the Objection to Production of Records was mailed. b. ON THE WITNESS (1) Personal service. I personally delivered the Objection to Production of Records as follows: (i) Name of person served: (iii) Date served: CJ (ii) Address where served: (2) CJ (iv) Time served: Mail. I deposited the Objection to Production of Records in the United States mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows: (i) Name of person served: (iii) Date of mailing: (ii) Address: (iv) Place of mailing (city and state): (v) I am a resident of or employed in the county where the Objection to Production of Records was mailed. 3. 4. My residence or business address is (specify): My phone number is (specify): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME OF PERSON WHO SERVED) SUBP-025 [Rev. January 1, 2007) ► (SIGNATURE OF PERSON WHO SERVED) NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION Page 2 of 2 DECLARATION OF CUSTODIAN OF RECORD ARS #: K21857 C Record Of: ALAN STRICKLAND SSN: DOB: DOI: 06/13/2019 I am duly authorized as Custodian of Record (or other qualified witness) with authority to certify records for: OAKLAND ALAMEDA COUNTY COLISEUM CERTIFICATION OF RECORD COPIES Including this declaration, all documents, records and other things called for in the Subpoena Duces Tecum or Authorization which are in my custody have been photocopied either by a photocopy company or my office staff at my office, in my presence, under my direction and control; and the copy submitted with declaration is a true copy thereof. To the best of my knowledge all records in existence referred to above were prepared or compiled and provided by the personnel of the above named business, in the ordinary course of business, at or near the time of the acts, conditions, or events recorded. No documents, records or other things have been withheld to prevent being photocopied. Certain records were omitted because: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ CERTIFICATION OF NO RECORDS A thorough search of the business revealed no records described in the attached subpoena or authorization for the following reason(s): Medical/Billing/X-Ray Records Personnel/Wage/Non-Medical Records ] Patient never treated at this facility [ ] Never worked for this company ] Records destroyed after_5_7_9 years [ ] Records destroyed after_5_7_9 years ] Records were lost/misplaced [ ] Previous owner kept original files [ ] Records kept at: _ _ _ _ _ _ _ _ _ _ _ _ __ ] Records destroyed due to_Fire_Water_Theft Contact: _ _ _ _ _ _ _ _ _ Phone: _ _ _ _ __ ] Patient has his / her records [ ] X-rays are_non-existent_at another facility: [ ] Records were lost/misplaced Name: Phone: L_J _ _ _ - - - - - - - - - [ ] Other: _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ [ ] Billing is:_lost / misplaced_Not kept because of _ at another facility: prepaid Health Plan Name: Contact: _ _ _ _ _ _ _ _ _ Phone: _ _ _ __ [ ] No records for date(s) specified [ ] Other - comments: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ ----------------- ---------------- This certification is limited to the information provided in the attached document. Records may exist under another name, spelling or other identifying data. I DECLARE under penalty of perjury that the foregoing is true and correct. Executed on ------- - - - - - - -at- - - - - - -(City) - - - - - - - - - - - -(State) ---(Date) Declarant - - - - - - - - - - - - - - - -Print Name- - - - - - - - - - - - - - - - - - - - Witness - - - - - - - - - - - - - - - -Print Name-------------------- CERTIFICATION OF PROFESSIONAL PHOTOCOPIER I, the undersigned hereby declare that I am an employee ARS, LLC., P.O. Box 3399, Torrance, CA 90510-3399, Los Angeles County. The attached copy of records produced to me by the above Custodian of Records shall be transmitted or distributed to the authorized persons or entities and will be true copies thereof. I declare under penalty of perjury under the laws of the State of California that the following is true and correct. Executed on ------- - - - - - - -at- - - - - - -(City) - - - - - - - - - - - -(State) ---(Date) Print Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _Signature_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ .... -- Jiec'd MHAMJ ORAC:L.E; OAKLAND-ALAMEDA COUNTY ARENA COLISEUM ,JUN 2-7 2019 June 26, 2019 Re: Workers Compensation Subpoena Order #K21857-C Case No. ADJ12298405 Mastagni Holstedt, APC Attn: Brett Seyler 191211 Street, Suite 102 Sacramento, CA 95811 To whom it may concern: Your subpoena to request documents (Order#K21857-C) (Case No. ADJ12298405) is being objected to because the records have been submitted to the City of Oakland, California Police Department to support an active and open criminal investigation related to this incident. We have been instructed by the City' of Oakland Police Department to not release any copies of documents or videos related to this incident. The investigating officers for the Oakland Police Department are Odaza-Quiroz and. Randy Wingate. You may want to contact them with additional questions or concerns regarding this claim's supporting documentation/videos. · Sincerely, ~·41'-~ Gregory M. Hatch, CPA VP of Finance j 7000 COLISEUM WAY, OAKLAND, CA 94621 ° PH: 5 J 0.569.2121 • WEB: WWW.COLISEUM.COM PLEASE SEND ALL RECORDS DIGITALLY! / /RS LC 1816 TRIBUTE ROAD, SUITE 100 SACRAMENTO, CA 95815 11"~ ***DOCUMENT RELEASE INSTRUCTIONS*** Evidence Code 1560(e): You must make the original records available for copying by a representative of ARS, LLC at your office. Evidence Code 1560(e) requires you to provide ARS, LLC a date to copy within 5 days. 10",..-......,,... ...___.,. INVOICE SUBMITTED FOR THE COPYING OF RECORDS BY A PARTY O'fHER THAN ARS, LLC, WITH6UT OUR ADVANCE APPROVAL WILL NOT BE PAID. . ** YOU DO NOT NEED TO APPEAR ** When the requested documents are available to be copied or picked up, simply complete this form and FAX it back to (888) 531-2922 .. Ifyou are unable to fax, please call us at (916) 646-9028. *****Please carefully read the attached Subpoena or Authorization for a complete description of Documents being requested. More titan one type of documents may be askedfor, so he sure to include all information listed. ORDER ft: K.21857-c' RECORD-SUBJECT: ALAN STRICKLAND AKA: DATE OF BIRTH: SSN: NAME OF YOUR FACil.JTY: OAKLAND ALAMEDA COUNTY COLISEUM 8"~ 7"~. 6"~ Please check the appropriate box(es) regarding which documents are ready to copy/pick up: D D Billing records are included X-rays will be provided D D Do you loan original .x-rays for us to duplicate 5"~ Do you duplicate films for a fee? Breakdown of X-rays available (If applicable): Approximate volume of Documents/Document type: □ 0-1 Inch □ 8 ½ X 11" □ Photos □ 1-2 Inches □ 2:-3 Inches □ Loose □ Bound· □ Blueprints □ Other: What are your copy hours? Monday _____t9_ _ _ __ Tuesday _ _ _ _to_ _ _ __ Wednesday _____to_ _ _ __ Thursday _ _ _ _to _ _ _ __ Friday _____to_ _ _ __ □ □ 4Inches + Oversized 3"~ Contact Person: ?!.!=L~A!,. !,.lMEU..1;,UDa::..Au.._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ The undersigned states: That he /she is (one of) the attomey(s) of record/ representative(s) for the applicarit/defendant in the action captioned on the reverse hereof. That the subpoenaed Custodian of Records has in his/her possession or under his/her control the documents described on the reverse hereof. That said documents are material to the issues involved in the case for the followin~ reasons: To assist in determining one or more of the following: To determine present and/or past physical conditions; nature, extent and duration of sickness; injury, disability arising out of e:nrptoyment and in the cours·e of emptoyment and/or qece:ssity of further treatment; employment occupation and duties, earnings and earnings capacity self-procured and future medical treatmen~ vocational rehabilitation under Labor Code 129.5 and status as Q.I. W (Qualified Injured Worker).; Jurisdiction and statute of )imitations. If no objection is made by any party to this case pdor to copying then no valid objection exists. Declaration for Injuries on or After January 1, 1990 and Before January 1, 1994 txl That an Employee's Claim for Workers' Compensation Benefits (DWC Form 1) has been filed in accordance with Labor Code Section 540 l by the alleged injured worker whose records are sought, or if the worker is deceased, by the dependent(s) ofthe decedent, and that a true copy of the form filed is attached hereto. (Check box if applicable and pa,1 ofdeclaration below. See instntctions on front ofsubpoena.) I declare under penalty of perjury that the foregoing is true and correct Executed on June 24 2019 ARSLLC. . Legal Agent for: !SI BRETT BEYLER Signature at SACRAMENTO California. MASTAGNI HOLSTEDT. APC 1912 I STREB'¼ SUITE tb2 SACRAMENTv CA 95811 Address (916) 446~4692 Telephone DECLARATION OF SERVICE STATE OF CALIFORNIA, County of _ _ _ _ _ _- _ _ _ _ _ _ __ I, the undersigned, state that I served the foregoing subpoena by showing the original and delivering a true copy thereof, together with a copy of the Declaration in support thereof, to each of the following named persons, personally, at the ~~~~~~~~~- . Name of Person Served ' Place 7000 COLISEUM WAY OAKLAND, CA 94621 I declare under penalty of perjury that the foregoing is true and correct Executed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ __J at _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __, California. Signature DWC WCAB 32 (Side 2) (REV. 06/18) PLEASE SEND ALL RECORDS DIGITALLY! ATTACHMENT 3 K21857-C SUBJECT: ALAN STRICKLAND AKA: NOT PROVIDED DOB: SSN: ALL WRITINGS THAT COMMENT ON, DESCRIBE, SHOW, REFLECT, OR IN ANY WAY RELATE TO THE IN.C-;-IDENT THAT OGCURR-E-D ON JUNE -13; 20-1-9, AT APP-R-OX--IMAl'EL¥ 9:-Q0PM (AND/OR WI-T-HIN A F-E-W MINUTES AFTER THE CONCLUSION OF GAME 6 OF THE 2019 NBA CHAMPIONSHIPS), AT ORACLE ARENA IN OAKLAND, CALIFORNIA, DURING WHICH TORONTO RAPTOR'R PRESIDENT MASAI. UJIRI CAME INTO. PHYSICAL CONTACT WITH ALAMEDA COUNTY SHERIFF'S DEPUTY ALAN STRICKLAND AND/OR MADE STATEMENTS TO, OR ABOUT, DEPUTY STRICKLAND. WRITINGS TO BE PRODUCED INCLUDE BUT ARE NOT LIMITED TO INCIDENT SITE CAMERA RECORDINGS, INCIDENT SITE VIDEO RECORDINGS, INCIDENT SITE AUDIO RECORDINGS, RECORDINGS FROM THE TUNNEL CAMERAS, RECORDINGS FROM THE SOUTHGATE CAMERAS, RECORDINGS FROM THE WESTGATE CAMERAS, RECORDINGS FROM THE NORTHGATE CAMERAS, RECORDINGS FROM THE EASTGATE CAMERAS, PHOTOGRAPHS, INCIDENT REPORTS, INVESTIGATIVE REPORTS, STATEMENTS, CORRESPONDENCE, NOTES, MAPS, DIAGRAMS, ANALYSIS, RECOMMENDATIONS, AND ALL OTHER WRITINGS CREATED, OBTAINED, OR RECEIVED FROM ANY OTHER AGENCY, PERSON, OR ORGANIZATION CONCERNING THE ABOVE DESCRIBED INCIDENT. ALL WRIT~NGS THAT COMMENT ON, DESCRIBE, SHOW, REFLECT, OR IN ANY WAY RELATE TO THE ORACLE ARENA SECUIµTY POLICY AND/OR RULES REGARDING ACCESS TO THE COURT DURING THE 2019 NBA FINALS, INCLUDING POST-GAME ACTIVITIES. FOR PURPOSES OF THIS SUBPOENA, THE TERM "WRITING" IS DEFINED BY CALIFORNIA EVIDENCE CODE SECTION 250, AND INCLUDES ALL ELECTRONIC MEANS OF COMMUNICATIONS AND VISUAL MEDIA. PLEASE SEND ALL RECORDS DIGITALLY! / ' .. ' SUBP-025 K21857- C FOR COURT USE: ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Stale Bar number, and address): BEYLER -/BRETT MASTAGNI HOLSTEDT, APC 1912 I STREET, SUITE l 02, SACRAMENTO, CA 95811 FAX NO. (Optlonao: (916) 447-4614 TELEPHONE NO.: (916) 446-4692 E-MAJL ADDRESS (OptJonat): tiffany.walkei;@arslegalca.com ATTORNEY FOR (Name): ALAN STRICKLAND WCAB COURT OF CALIFORNIA, COUNTY OF AL~DA STREET ADDRESS: 1515 CLAY ST, 6TH FL MAILING ADDRESS: CITY AND ZIP CODE: OAKLAND, CA 94612 BIWfCH NMfE:OAKLANUWCAB PLAINTIFF/ PETITIONER:ALAN STRICKLAND CASE NUMBER: DEFENDANT/ RESPONDENT:COUNTY OF ALAMEDA SHERIFFS DEPT ADJ12298405 NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION (Code Civ. Proc.,§§ 1985.3,1985.6) NOTICE TO CONSUMER OR EMPLOYEE TO (name): ALAN STRICKLAND 1. PLEASE TAKE NOTICE THAT REQUESTING PARTY (name):MASTAGNI HOLSTEDT, APC SEEKS YOUR RECORDS FOR EXAMINATION by the parties to this action on (specify date): 07/11/2019 The records are described in the subpoena directed to witness (specify name and address of person or entity from whom records ht'· OAKLAND ALAMEDA COUNTY COLISEUM are soug :1•7000 COLISEUM WAY OAKLAND, CA 94621 A copy of the subpoena Is attached. · 2. IF YOU OBJECT to the production of these records, YOU MUST DO ONE OF THE FOLLOWING BEFORE THE DATE SPECIFIED. IN ITEM a. OR b. BELOW: a. If you are a party to the above-entitled action, you must file a motion pursuant to Code of Civil Procedure section 1987.1 to . quash or modify the subpoena and give notice of that motion to the witness and the deposition officer named in the subpoena at least five days before the date set for production of the records. b. If you are not a party to this action, you must serve on the requesting party and on the wftnessi before the date set for production of the records, a written objection thJ!t states the specific grounds on which P-r.o.duction of..sbJGl+.r.ecords..sOOt:lld--be prohibited. You may use the form below to object and state the grounds for your objection. You must complete the Proof of Service on the reverse side indicating whether you personally served or malled the objection. The objection should not be filed with the court. WARNING: IF YOUR OBJECTION IS NOT RECEIVED BEFORE THE DATE SPECIFIED IN ITEM 1, YOUR RECORDS MAY B_E PRODUCED AND MAY BE AVAILABLE TO ALL PARTIES. 3. YOU OR YOUR ATTORNEY MAY CONTACT THE UNDERSIGNED to determine whether an agreement can be reached in writing to cancel or limit the scope of the subpoena. If no such agreement Is reached, and if you are not otherwise represented by an attorney in this action, YOU SHOULD CONSULT AN ATTORNEY TO ADVISE YOU OF YOUR RIGHTS OF PRIVACY. Date: 06/20/19 · BRETT BEYLER ► - - - -ISi-BRETT - :BEY_.LER .rn .--- (TYPE OR PRINT NAME} 1. 2. a1 ' {SIGNATURE OF □ REQUESTING PARTY ATTORNEY) OBJECTION BY NON-PARTY TO PRODUCTION OF RECORDS I object to the production of all of my records specified in the subpoena. · I object only to the production of the following specified records: (Proof of sel\lice on reverse) Form Adopted for Mandatory Use Judicial Council of Cafifomla SUBP--025 [Rev. Januruy 1, 2007] NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION Page 1 or2 Code of CMI Procedure, §§ 1985,3. 1985.6, 2020.010--202.510 wivw.cowtfnfo,cagov PLEASE SEND ALL RECOR S DIGITALLY! / (o susp..025 PLAINTIFF/PETITIONER· ALAN STRICKLAND CASE NUMBER: . ADJ12298405 DEFENDANT/RESPONDENT:COUNTY OF ALAMEDA SHEIµFFS DEPT / PROOF OF SERVICE OF NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION (Code Civ. Proc.,§§ 1985.3,1985.6) Personal Service [X] Mail 1. At the time of service I was at least 18 years of age and no~ a party to this legal action. 2. I seNed a copy of the Notice to Consumer or Employee and Objection as follows (check either a orb): a. Personal service. I personally delivered the Notice to Consumer or Employee and Objection as follows: (1) Name of person served: (3) Date seNed: (2) Address where seNed: (4) TlfT!e seNed: D D [xJ Mail. I deposited the Notice to Consumer or Employee 8nd Objection in the United States mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows: (1) Name of person served: MA STAGNI HOLSTEDT, APC (3) Date of mailing: June 24, 2019 {2) Address: 1912 I STREET, _SUITE 102 (4) Place of mailing (city and state): SACRAMENTO, CA 95811 TORRANCE CA (5) I am a resident of or employed in the county where the Notice to Consumer or Employee and Objection was mailed. 9 CA c. My residence or business ~ddress is (specify): _ 90510 3399 d. My phone number Is (specffy): (844) 241~5016 ' I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct Date: June 24, 2019 b. f8illfl'§l]l __=_~_· _-_-_-_··-- - - - - ► Sharon Prytz {SIGNATURE OF PERSON VvHO SERVED) (TYPE OR PRINT NAME OF PERSON 'MiO SERVED} PROOF OF SERVICE OF OBJECTION TO PRODUCTION OF RECORDS (Code Civ. Proc.,§§ 1985.3,1Jl85,6) Personal Service [Y] Mail 1. At the time of seNice I was at least 18 years of age and not a party to this legal action. 2. I served a copy of the Objection to Production of Records as follows (complete either a orb): a. ON THE REQUESTING PARTY (1) D Personal service. I personally delivered the Objection to Production of Records as follows: (i) Name of person served: (iii) Date seNed: (Ii) Address where seNed: (iv) Time seNed: , D (2) [::e1 Mail. I deposited the Objecilon to Production of Records in the United States mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows: . ./ (i) Name of person seNed: l?e rT Beyl e A. · {ill) Date of mailing: £ I /J (ii) Address: / 9 / 2./ ;r JTA.eeJ; f v; ft' 2{iv) Place of mailing (city and state): 8 re SAcA4'/f/!t/VfP, cA J5d' II b. /46 · fLe1f1;1~~/f/" C/1-, {v) I am a resident of or employed in the county where the Objection to Production of Records was mailed. ON THE WITNESS . (1) D Personal service. I personally delivered the Objection to Production of Records as follows: (I) Name of person served: (iii) Date served: (ii) Address where served: (iv) Time served: (2) D a Mail. I deposited the Objection to Production of Records In the United States mail, in sealed envelope with postage fully prepaid. The envelope was addressed as follows: (i) Name of person seNed: · (iii) Date of mailing: {iQ Address: (iv) Place of mailing (city and state): (v) I am a resident of or employ~d in the county where the Objection to Production of Records was mailed. 3. My residence or business address is (specify): 4. My phone number is (specify): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: c~eec1<7 41, 11//T<;;1~~___,,.,!,,c_.:-::..J,Jf;,...J.~w~;,: □ APPLICANT NOW REPRESENTED □ REQUESTS REPRESENTATION □ DENIED GOOD CAUSE APPEARING, IT IS ORDERED THAT THE _ _ _, OC&R/STIPS SUBMITTED FOR APPROVAL OC&R/ STIPS APPROVED □ ORDER SUSPENDING ACTION . _ _ DAYS FOR C&R /STIPS OLIEN STIPS AND ORDER APPROVED □ NOi/ORDER TO DISMISS LIEN ISSUED □ SET FOR □ MSC □ STATUS C0NF OLIEN C0NF □ TRIAL OLIEN TRIAL □ CONT'D TESTIMONY TRIAL TIME _ __ □ SET ON _ _ _ _ _ _ _ _ AT _ _ _ LOCATION _ _ _ _ _ BEFORE JUDGE _ _ _ _ _ __ □ SUPPLEMENTAL PAGES ATTACHED _ _ _ _ PAGES IJ)m5c,. DATE, v~. . c?'2 ) /4 vi S '/ ~~ r11 _ -~ . ~ , COMPENSATION JL\i)~,.I.'""" f ~/1:_""l~._O~Pi~U~'.,.,_)""~--Pursuant to Rule 10500, you are designated lo serve th'is/these document(s) on all'/lk'i!ilm~~PJl1t":'f·'i/ NOTICE TO: _ _~._- [ ] Servedon parties and lien ~ ~ -claimants - -present --~------ Page !of _ _ WCAB Form 20 (Rev. 2012) u T DT d\ If ~ 1 LAUGHLIN, FALBO ~_l LEVY & MORESI LLP Anaheim 714 385 9400 Concord 925 499 4999 Fresno Oakland Office 559 431 4900 Mailing Address Glendale One Capitol Mall, Suite 400 Sacramento, California 95814 Telephone: 510 628 0496 818 628 8200 August 22, 2019 Facsimile: 510 628 0499 www.lflm.com Redding 530 222 0268 Sacramento 916 441 6045 San Bernardino Via E-Filing Only The Honorable James Griffin Workers' Compensation Appeals Board 1515 Clay Street, 6th Floor Oakland, CA 94612 Re: Alan Strickland v. County of Alameda Sheriff's Office, Permissibly Self-Insured, Adjusted by York Risk Services Group, Inc. WCAB Case No.: ADJ12298405 Case Status: OTOC Discovery Deferred LFLM No: 685-206998 909 890 2265 San Diego 619 233 9898 San Francisco 415 781 6676 San Jose 408 286 8801 Santa Monica 310 392 8101 Dear Judge Griffin: The parties appeared before you on August 20, 2019. The Status Conference was requested by defendants regarding a Motion to Quash subpoena issued by applicant to the County of Alameda Sheriff Office for video films arising out of the June 13, 2019 incident which caused injury to the applicant. Unbeknownst to the undersigned, applicant also issued a subpoena against the Oakland Coliseum for similar if not the same documents (we do not believe it was served on the County or York although the subpoena was issued under ADJ12298405). The VP of Finance for the Coliseum responded to the subpoena and informed applicant that they would not release any documents (or videos) per instructions of the Oakland Police Department due to an ongoing criminal investigation. Applicant then filed a Petition to Compel the subpoena. At the hearing on 8/20/19, the issue of the Motion to Quash the subpoena against the County of Alameda Sheriff Office was discussed as well as the Petition to Compel albeit in error as referenced to the Sheriff' Office and not the Coliseum specifically. Counsel for applicant did not make this distinction. The deferral of the petition to compel is now apparently disputed by the applicant. We request clarification from you as to whether the deferral issued in the Minutes of Hearing pertains to both the subpoena issued to County of Alameda Sheriff Office as well as the subpoena issued to Alameda County Coliseum. Workers’ Compensation Appeals Board Re: Alan Strickland Alan Strickland v. County of Alameda Sheriff's Office, Permissibly SelfInsured, Adjusted by York Risk Services Group, Inc. August 21, 2019 Page 2 We do not want to take any more time than necessary from the WCAB on these issues and believe that judicial economy would be served by your clarification in this regard. Thank you. Respectfully submitted, LAUGHLIN, FALBO, LEVY & MORESI LLP By: SNH/yk Enclosure: verification cc: Please see Proof of Service Susan N. Hastings 1 2 3 4 5 LAUGHLIN FALBO OAKLAND Shanja Madison (510) 628-0496 smadison@lflm.com CERTIFICATE OF SERVICE BY MAIL ALAN STRICKLAND v. COUNTY OF ALAMEDA SHERIFF'S OFFICE, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP, INC. WCAB Case No: ADJ12298405 I am over 18 years of age and not a party to the within-entitled action. I am employed at 6 and my business address is LAUGHLIN, FALBO, LEVY & MORESI LLP, One Capitol Mall, 7 Suite 400, Sacramento, CA 95814. On this date, I served the following: 8 CORRESPONDENCE TO JUDGE REQUESTING CLARIFICATION 9 by placing a true copy thereof enclosed in a sealed envelope with postage prepaid in the United 10 States mail at Oakland, California, addressed as shown below. 11 12 13 14 15 16 17 18 19 20 21 22 Workers' Compensation Appeals Board 1515 Clay Street, 6th Floor Oakland, CA 94612 (Via E-Filing Only) Annette Marie (via email & mail) York Risk Services Group, Inc. P.O. Box 619079 Roseville, CA 95661 (Claim No: CTYA-105572) John R. Holstedt, Esq. Mastagni, Holstedt, Amick, Miller & Johnsen 1912 I Street Sacramento, CA 95811-3151 oscwest@yorkrsg.com I declare under penalty of perjury that the foregoing is true and correct. Executed at Oakland, California on August 22, 2019. 23 24 Yolanda Kirk 25 26 27 28 -1- VERIFICATION 1 2 I am one of the attorneys for the defendant in this action. The facts alleged in the letter 3 dated August, 22, 2019 are within my knowledge, and I make this verification for that reason; 4 the above document is true to my own knowledge, except as to the matters that are stated in it on 5 information and belief, and as to those matters, I believe it to be true. 6 7 8 I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed this 22nd day of August, 2019 at Oakland, California. 9 10 11 _________________________________ Susan N. Hastings 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1- STATE OF CALIFORNIA Division of Workers’ Compensation Workers’ Compensation Appeals Board Case No. ADJ12298405 ALAN STRICKLAND, Applicant, vs. ORDER STAYING SUBPOENA DUCES TECUM COUNTY OF ALAMEDA SHERIFFS DEPT; YORK OAKLAND; Defendants. IT APPEARING THAT there is a dispute regarding my August 20, 2019 Order deferring action on a Petition to Compel the Oakland Alameda County Coliseum to comply with a June 24, 2019 subpoena for writings and other information. Defendant’s August 22, 2019 letter to the WCAB requests clarification of whether the deferral applies only to the subpoena to the Oakland Alameda County Coliseum, or whether it also applies to a June 20, 2019 subpoena issued to the County of Alameda Sherriff’s Office for similar information. In reviewing pleadings filed to date, it is noted that no action was taken on defendant’s Petition to Quash the June 20, 2019 subpoena issued to the County of Alameda Sherriff’s Office. GOOD CAUSE APPEARING; IT IS ORDERED THAT action on applicant’s June 20, 2019 subpoena issued to the County of Alameda Sherriff’s Office is STAYED at this time, and no documents are to be produced by the County of Alameda Sherriff’s Office at this time, pending further discovery on applicant’s allegation of injury to the psyche. Dated: September 4, 2019 JAMES GRIFFIN WORKERS’ COMPENSATION ADMINISTRATIVE LAW JUDGE SERVICE: ON: 9/11/19 BY: Lily Acosta PARTIES: ALAN STRICKLAND, US Mail LAUGHLIN FALBO OAKLAND, US Mail MASTAGNI HOLSTEDT SACRAMENTO, Email YORK OAKLAND, US Mail ALAN STRICKLAND 2 ADJ12298405 Document ID: -6730674680132272128 1 2 3 4 5 LAUGHLIN, FALBO, LEVY & MORESI Susan N. Hastings (SBN 158027) One Capitol Mall, Suite 400 Sacramento, CA 95814 Telephone: (510) 628-0496 Attorneys for Defendants COUNTY OF ALAMEDA SHERIFF'S DEPARTMENT, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP, INC. 6 BEFORE THE WORKERS’ COMPENSATION APPEALS BOARD 7 8 9 10 11 STATE OF CALIFORNIA ALAN STRICKLAND v. 13 14 Defendants. 15 PETITION TO COMPEL ANSWERS AT DEPOSITION OR ALTERNATIVELY TO SET DEPOSITION BEFORE A WORKERS’ COMPENSATION JUDGE Applicant, COUNTY OF ALAMEDA SHERIFF'S DEPARTMENT, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP, INC. 12 WCAB Case No: ADJ12298405 COMES NOW, defendant, COUNTY OF ALAMEDA, administered by York Risk 16 Services Group, Inc., by and through their attorneys of record, LAUGHLIN, FALBO, LEVY 17 AND MORESI with this Petition to Compel Applicant’s answers in deposition or alternatively 18 request to set the deposition before a workers’ compensation judge. In support thereof, 19 Defendant, alleges the following: 20 On or around June 19, 2019, Applicant Alan Strickland, filed an Application for 21 Adjudication of claim for a specific injury on June 13, 2019. Injuries claimed are to the jaw, 22 face, neck and psyche. The claim is admitted and benefits are being provided. At his deposition 23 on October 28, 2019 (Notice of Deposition, Exhibit A), applicant was instructed by his attorney 24 not to answer background questions regarding the event or circumstances and facts surrounding 25 the incident. The objection stated was “relevance” and the instruction given repeatedly to not 26 answer the questions. (Exhibit B, Deposition Transcript 10/28/19). In attendance at the 27 deposition was applicant’s workers’ compensation attorney, but also an attorney purportedly 28 present for a “pending” civil action not yet filed and served on Defendant. -1- 1 With the repeated instructions to not answer relevant questions surrounding the events 2 and immediately preceding or leading up to the injury, the deposition was adjourned until the 3 discovery dispute is resolved by the WCAB. 4 It is recognized that extreme cases require the time for deposition at the WCAB (Morales 5 v. Travelers Ins. Co. (2006) 34 CWCR 23). The only objection to the questions was relevancy. 6 No privilege or privacy was raised. Applicant’s attorney refused to reconsider the fact that all 7 events leading up to, during, and after the incident causing the claimed injury are relevant not 8 only to the physical injury but the psychological injury. In over 25 years of practice the 9 undersigned has never encountered this behavior. It appears clear that applicant is avoiding 10 questions which may have an impact on a future (and not yet filed) civil action. Defendant 11 asserts potential sanctions may apply under LC 5813 for refusing to answer questions in 12 connection with the events on June 13, 2019. 13 14 15 A copy of applicant’s deposition transcript up to the point of adjournment is attached as Exhibit B. Discovery is used by the parties to learn about facts in order to present evidence to the 16 WCAB to prove or defend a case. Discovery allowed in workers’ compensation cases is 17 generally broad. Depositions are but one tool in discovery. Labor Code Section 5708 provides 18 that the WCAB is not “bound by the common law of statutory rules of evidence and procedure.” 19 The WCAB “may make inquiry in the manner, through oral testimony and records, which is best 20 calculated to ascertain the substantial rights of the parties and carry out justly the spirit and 21 provision of the Labor Code.” In fact, the WCAB has been instructed that the policy of liberal 22 discovery is beneficial to all parties. Based on the nature of the injuries claimed, the time off 23 from work, and the medical treatment provided, it is defendants right to receive information 24 surrounding the events on 6/13/19 which may lead to discoverable evidence pertaining to injury 25 AOE-COE, nature and extent of disability, and need for medical treatment. It serves the purpose 26 of narrowing the issues and expediting pre-trial preparation and trial. 27 28 The events surrounding applicant’s claimed injury are relevant and any doubts should be resolve in favor of permitted discovery. -2- 1 WHEREFORE, for the reasons stated above, Defendants request that an order issue 2 mandating that applicant answer all questions surrounding the events before, during and after the 3 6/13/19 incident; any medical treatment received, and any claimed residuals (physically or 4 mentally) of the effects of the injury. 5 DATED: November 14, 2019 6 Respectfully submitted, LAUGHLIN, FALBO, LEVY & MORESI LLP 7 8 9 10 11 12 By: ___________________________________ Susan N. Hastings Attorneys for Defendants COUNTY OF ALAMEDA SHERIFF'S DEPARTMENT, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP, INC. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- Exhibit A LEVY MORESI Susan N. Haslings (SBN 158027) One Capitol Mall, Suite 400 Sacramemo, CA 95814 Telephone: (510) 62841496 Attorneys for Defendams BEFORE THE COMPENSATION APPEALS BOARD STATE OF CALIFORNIA ALAN STRICKLAND WCAB Case No: AD112298405 Applicnnli NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION AND v. RIGHT TO AN INTERPRETER COUNTY OF ALAMEDA DEPARTMENT, Permissibly Adjusted by YORK RISK SERVICES GROUP, INC. Defendants. TO EACH PARTY AND TO THE ATTORNEY OF RECORD FOR EACH PARTY PLEASE TAKE NOTICE THAT on Monday, October 28 2019 at 10:00am at the OFFICES OF LAUGHLIN, mun), LEVY MORESI, [grated at 505 14th Street, Suite 1210, aakland, CA 94612, defendant will take the deposition of Alan Strickland whose address is: 3-- oral examination before a Certified Shorthand Reporter authorized to administer oaths. Said deposition is to continue from day to day until completed. in compliance with Title 8 Cal. Code Regs. ?97952 you have the right to an interpreter if you do not protieiently speak or understand the English language. Please advise if one is needed. DATED: September 9. 2019 Respectfully submitted. LAUGHLIN. FALBO. LEVY MORESI LLP 5%L'Mt7r Susan N. Hastings Attorneys for Defendanl 1 CERTIFICATE OF SERVICE BY MAIL 2 ALAN STRICKLAND v. COUNTY OF ALAMEDA SHERIFF'S DEPARTMENT, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP, INC. WCAB Case No: ADJ12298405 3 4 I am over 18 years of age and not a party to the within-entitled action. I am employed at 5 and my business address is LAUGHLIN, FALBO, LEVY & MORESI LLP, One Capitol Mall, 6 Suite 400, Sacramento, CA 95814. On this date, I served the following: 7 8 9 10 11 12 13 NOTICE OF TAKING DEPOSITION UPON ORAL EXAMINATION AND RIGHT TO AN INTERPRETER by placing a true copy thereof enclosed in a sealed envelope with postage prepaid in the United States mail at Oakland, California, addressed as shown below. Annette Marie (via email & mail) York Risk Services Group, Inc. P.O. Box 619079 Roseville, CA 95661 (Claim No: CTYA-105572) 15 John R. Holstedt, Esq. Mastagni, Holstedt, Amick, Miller & Johnsen 1912 I Street Sacramento, CA 95811-3151 16 Alan Strickland 14 17 18 19 20 Brett D. Beyler, Esq. Mastagni Holstedt, A.P.C. 1912 "I" Street Sacramento, CA 95811 21 Quintero Deposition (via email & mail) 3319 Cambridge 22 oscwest@yorkrsg.com 23 24 I declare under penalty of perjury that the foregoing is true and correct. Executed at Concord, California on September 9, 2019. 25 26 Yolanda Kirk 27 28 -2- Exhibit B BEFORE THE WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA ---oOo--- ALAN STRICKLAND, Applicant, vs. WCAB CASE NO. ADJ12298405 COUNTY OF ALAMEDA SHERIFF'S DEPARTMENT, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP, INC., Defendants. ____________________________________/ DEPOSITION OF ALAN STRICKLAND OCTOBER 28, 2019 QUINTERO DEPOSITION LLC Cynthia Huang CSR No. 11812 (707) 255-5567 QDEPO.COM QUINTERO DEPOSITION LLC 1 (707) 255-5567 A P P E A R A N C E S 2 FOR THE APPLICANT: 3 4 5 6 7 LAW OFFICES OF MASTAGNI HOLSTEDT 1912 I Street Sacramento, California 95811 john@mastagni.com gwinter@mastagni.com (916) 491-4256 BY: JOHN R. HOLSTEDT, ATTORNEY AT LAW and GRANT A. WINTER, ATTORNEY AT LAW 8 9 10 11 12 FOR THE DEFENDANT: LAUGHLIN, FALBO, LEVY & MORESI One Capitol Mall Suite 400 Sacramento, California 95814 (510) 628-0496 BY: SUSAN N. HASTINGS, ATTORNEY AT LAW 13 14 15 16 17 ---oOo--- 18 19 20 21 22 23 24 25 2 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC 1 I N D E X O F (707) 255-5567 E X A M I N A T I O N 2 3 4 Page Examination By Ms. Hastings....................... 4 5 6 ---oOo--- 7 8 9 I N D E X O F E X H I B I T S 10 (None marked.) 11 ---oOo--- 12 13 14 Marked Questions: 15 Page 33, Line 21 16 17 BY MS. HASTINGS: Q. So there's no -- is there any gate or door or 18 anything like that from the stands down to the court, to 19 the floor? 20 21 22 23 24 25 3 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC 1 (707) 255-5567 BE IT REMEMBERED that, pursuant to Notice, and 2 on Monday, October 28, 2019, at the hour of 9:55 a.m. 3 thereof, at 505 14th Street, Suite 1210, Oakland, 4 California 94612, before me, CYNTHIA HUANG, a Certified 5 Shorthand Reporter #11812 for the State of California, 6 there personally appeared, 7 ALAN STRICKLAND 8 called as a witness by the Defendants; who being by me 9 first duly sworn, was thereupon examined and testified 10 as follows: 11 ---oOo--- 12 13 14 EXAMINATION BY MS. HASTINGS: BY MS. HASTINGS: Q. Good morning, Mr. Strickland. My name is 15 Susan Hastings. 16 regard to your workers' compensation claim. 17 I represent the County of Alameda with Have you ever had your deposition taken before? 18 A. No. 19 Q. All right. 20 Can you please state your full name for the record? 21 A. Alan Strickland. 22 Q. Have you gone by any other name? 23 A. No. 24 Q. I'm going to go over some of the rules of a 25 deposition so that we're here on the record. This is 4 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC (707) 255-5567 1 your deposition taken in my office, which is much more 2 informal than being in the court. 3 But the types of questions I'm going to ask you 4 today are the same type of questions I could ask if we 5 were in court taking your testimony. 6 Do you understand that? 7 A. I do. 8 Q. Listen to each one of my questions. 9 10 Make sure it's complete before you begin your answer and that you understand the question. 11 I'm not here to trick or trap you, but to 12 determine facts and circumstances surrounding your 13 claim. All right? 14 A. Yes. 15 Q. If you don't understand the question, let me 16 know. 17 question. 18 I'll rephrase it so you do understand the If you don't remember the information I'm trying 19 to obtain from you, it's okay to say that you do not 20 remember. 21 or distance, it's okay to give me an estimate, if you 22 don't remember the exact information. 23 If you don't remember a specific time, date, And an estimate is different than a guess. 24 estimate is based on knowledge that you have about 25 something. An And a guess is based on no knowledge of 5 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC 1 (707) 255-5567 something. 2 Do you understand the difference? 3 A. I think so. 4 Q. I just don't want you to guess. I want you to 5 give me answers based on the information you know. 6 Okay? 7 A. Okay. 8 Q. If you want to take a break at any time during 9 the deposition, just let me know. We will take a break. 10 You can stand up as opposed to sitting down. 11 want to speak with your attorney during the deposition, 12 just let me know, and we will take a break. 13 Or if you I may ask you to finish answering a line of 14 questions before we do take a break. But, you know, 15 you're entitled to take a break, use the bathroom, drink 16 water, whatever you want to do during the deposition. 17 Okay? 18 A. Yes. 19 Q. After the deposition is completed, you will have 20 an opportunity to review all of the answers that you've 21 given because it will be typed up into a booklet form. 22 And you will have an opportunity to review all your 23 answers and make changes. 24 25 If you make significant changes at a later time, it could have a negative impact on your testimony, so 6 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC (707) 255-5567 1 it's important that you give me your most accurate 2 answers today. All right? 3 A. All right. 4 Q. Are you under any medication today that would 5 get in your way or -- of your ability to remember 6 things? 7 A. No. 8 Q. Are you under any medication today? 9 A. I don't know what it's called, but it's like an 10 aspirin prescribed by my doctor. 11 Q. Who prescribed it? 12 A. Dr. Date. 13 Q. What is it for? 14 A. Headaches. 15 Q. Is it Mobic? 16 A. I don't recall. 17 Q. Did you take it this morning? 18 A. Last night. 19 Q. Is it something you only take at night, or do 20 you -- hold on. 21 because -- You have to let me finish my question 22 A. I'm sorry. 23 Q. The only reason I do that is in normal 24 conversation, we may anticipate what somebody is going 25 to ask. But the court reporter is taking everything 7 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC (707) 255-5567 1 that we say down. If she has to break, it doesn't come 2 out clear on the record, and she gets mad at us. 3 don't want her to be mad at us. We Okay? 4 A. (Witness nods head up and down.) 5 Q. Is this something you take just at night, or do 6 you take it during the day as well? 7 A. At night. 8 Q. All right. 9 A. No. 10 Q. All right. 11 Any other medication that you take? Do you understand that you were administered an oath to tell the truth today? 12 A. Yes. 13 Q. How much time did you spend preparing for the 14 deposition? 15 A. I don't understand the question. 16 Q. What time did you arrive here? 17 A. 9 o'clock. 18 Q. And is this the only time you prepared for the 19 deposition was today? 20 A. Yes. 21 Q. Okay. 22 A. Yes. 23 Q. What is your home address? 24 A. 25 Q. Did you travel from your home? . What city? 8 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC (707) 25575567 A. Q. How long have you lived there? A. Twenty years. Q. How many miles did you travel? A. I don't know. Q. Did you as so you drove yourself? A. Yes. Q. okay. Who lives with you at -- A. My wife and kids. Q. What is your wife's name? A. Kelly. Q. A. Q. A. I'm sorry. Q. That-s all right. Q. What does your wife do for a living? A. She's a stayeatehome mom. DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC (707) 255-5567 1 Q. So everyone is dependent on you for support? 2 A. Yes. 3 Q. What is your date of birth? 4 A. 5 Q. . And your Social Security number? 6 MR. HOLSTEDT: Can we take that off the record? 7 MS. HASTINGS: Off the record. 8 (Discussion off the record.) 9 10 BY MS. HASTINGS: Q. 11 We're back on the record. Have you used any other Social Security number 12 before? 13 A. No. 14 Q. Do you have a valid driver's license? 15 A. Yes. 16 Q. Is this your only marriage? 17 A. Yes. 18 Q. How long have you been married? 19 A. Twenty-one. 20 Q. Years? 21 A. Years. 22 Q. Have you ever been in the military? 23 A. No. 24 Q. Have you ever been turned down for enlistment? 25 A. No. Sorry. 10 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC 1 2 Q. (707) 255-5567 What is the highest level of education you have completed? 3 A. Some college. 4 Q. Where did you attend college? 5 A. CSM, College of San Mateo, Canada. 6 Q. What type of study did you have? 8 A. Trade school. 9 Q. What kind of trade school? 10 A. Sheet metal workers. 11 Q. Did you receive a certificate or a degree? 12 A. I don't remember. 13 Q. Did you ever work as a sheet metal worker? 14 A. Yes. 15 Q. We'll get to that in a minute. 7 I don't -- I don't know. What did you do? 16 Any other college? 17 A. No. 18 Q. I take it you haven't been convicted of a 19 felony? 20 A. No. 21 Q. Other than this claim for workers' compensation 22 benefits, have you filed any other claims or 23 green-sheeted any other claims? 24 A. Yes. 25 Q. When was that? 11 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC (707) 255-5567 1 A. I don't recall. 2 Q. What was it for? 3 A. I believe the Sonoma fires. 4 Q. About two years ago? 5 A. Possibly. 6 Q. Okay. 7 A. Just smoke inhalation. 8 Q. Were you up there, or was it down in the 9 What happened? Bay Area? 10 A. I was up there. 11 Q. Where did you receive medical treatment? 12 A. I did not. 13 Q. Did you miss time from work? 14 A. No. 15 Q. Any other claims for workers' compensation 16 benefits? 17 A. My leg. 18 Q. Which leg? 19 A. I don't remember. 20 Q. What happened? 21 A. The muscle pulled off the bone. 22 Q. How did that happen? 23 A. Hyperextended. 24 Q. What part of your leg? 25 A. Calf area. 12 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC (707) 255-5567 1 Q. How did that happen? 2 A. Slipped on water. 3 Q. What were you -- what work duties were you 4 performing at the time that you slipped on water? 5 A. Cover call for another deputy. 6 Q. Was this at night? 7 A. No. 8 Q. So what happened at this cover call? 9 10 11 happened? A. What I don't -- what happened on this cover call? He was -- another deputy was attacked by an inmate, called it on the radio for cover. 12 Q. Was this at Santa Rita Jail? 13 A. Glenn Dyer. 14 Q. Were you running when this slip happened? 15 A. Yes. 16 Q. Was this indoors? 17 A. Yes. 18 Q. Where did the water come from? 19 A. No idea. 20 Q. What part of the jail were you at? 21 A. Stairway. 22 Q. Were you going down stairs, up stairs? 23 A. Up stairs. 24 Q. Okay. 25 As we've been talking about it, do you recall which leg? 13 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC (707) 255-5567 1 A. No. 2 Q. Did you receive medical treatment? 3 A. Yes. 4 Q. From where? 5 A. A doctor in San Bruno, South City. 6 Q. South San Francisco, you mean? 7 A. Yes. 8 Q. That's all right. 9 I'm sorry. I know what it means. What kind of medical treatment did you have? 10 A. I don't recall. 11 Q. Did you miss any time from work? 12 A. Yes. 13 Q. How much time? 14 A. I don't recall. 15 Q. More than a month? 16 A. I don't remember. 17 Q. Any idea when this happened, how long ago? 18 A. I don't remember that either. 19 Q. Okay. 20 A. No. 21 Q. You returned to full duty after that? 22 A. Yes. 23 Q. When you were up at the Sonoma fires, what were 24 25 Did you have surgery? you doing up there? A. Evacuations. 14 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC 1 2 Q. (707) 255-5567 What -- was that when -- at what point in the fires were you involved in the evacuations? 3 A. I don't remember. 4 Q. Do you recall how many number of days you were 5 up there? 6 A. I don't remember. 7 Q. Was it more than one? 8 A. Yes. 9 Q. Were you stationed up there and you stayed 10 11 overnight, or did you come back to your home? A. 12 Came back to my home. I'm sorry. I came back to the jail. 13 Q. Was there a group of you that went up there? 14 A. Yes. 15 Q. Did you go up there separately, or did you all 16 transport up to the Sonoma County area? 17 A. All together. 18 Q. Was that by bus? 19 A. Vans. 20 Q. Vans. 21 What did you do as far as your work for 22 evacuations? 23 A. I don't understand. 24 Q. What did you do? 25 What was your role at the Sonoma fires evacuations? 15 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC (707) 255-5567 1 A. Neighborhood, door to door. 2 Q. Was it during the day or at night? 3 A. Night. 4 Q. Were you given any breathing apparatus or any 5 protection? 6 A. Yes. 7 Q. What did you have? 8 A. Face mask. 9 Q. Was it a canister-type thing, or was it one of 10 those, the paper -- 11 A. The paper. 12 Q. -- the paper masks? 13 What city were you in? 14 A. Sonoma. 15 Q. Did you receive any medical attention at the 16 scene? 17 A. No. 18 Q. Any other workers' compensation claims? 19 A. I don't recall. 20 Q. When did you first become employed for the 21 County? 22 A. December 4th, I believe, '06. 23 Q. Prior to working for the County, where did you 24 25 work? A. Sheet metal workers. 16 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC (707) 255-5567 1 Q. For how long did you do that? 2 A. Eight to ten years. 3 Q. Were you a union member? 4 A. Yes. 5 Q. What union? 6 A. 104. 7 Q. Did you work out of the union hall, or did you 8 work for one employer? 9 A. One employer. 10 Q. Who was that? 11 A. RMI Mechanical. 12 Q. Where are they located? 13 A. South San Francisco. 14 Q. During that -- was it eight to ten years that 15 you worked for RMI? 16 A. No. 17 Q. Who else did you work for other than RMI? 18 A. Innovative Mechanical. 19 Q. Any others? 20 A. Crown Sheet Metal. 21 Q. Any others? 22 A. State Sheet Metal, McFarland and Son, Bal-Aire. 23 Q. How do you spell that? 24 A. B-a-l-A-i-r-e, Mechanical. 25 I think that's it. 17 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC 1 (707) 255-5567 Q. Okay. 3 A. Innovative. 4 Q. Since becoming a deputy sheriff with the County, 2 5 Which one was the longest employment you had? have you had any sheet metal work? 6 A. Yes. 7 Q. Did you earn money for that? 8 A. No. 9 Q. And what -- under what circumstances were you 10 doing sheet metal work while you were employed as a 11 deputy sheriff? 12 A. My own. 13 Q. Your own? 14 A. My home. 15 Q. Your home. 16 What did you do? 17 A. Heating vents. 18 Q. Any other time that you did sheet metal work at 19 the same time you were employed at the County? 20 A. No. 21 Q. Who was your last employer as a sheet metal 22 worker? 23 A. RMI. 24 Q. What period of time did you work with them? 25 A. '05. 18 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC (707) 255-5567 1 Q. Five years? 2 A. No. 3 Q. Oh, 2005. 4 A. Sorry. 5 Q. For how long? 6 A. I don't recall. 7 Q. During your work as a sheet metal worker, did 8 2005. I'm sorry. you have any injuries? 9 A. Yes. 10 Q. What kind of injuries did you have? 11 A. Cuts, things. 12 Q. Anything that required medical treatment? 13 A. No. 14 Q. Any time lost for any injuries you had as a 15 sheet metal worker? 16 A. I don't think so. 17 Q. Did you file any claims for workers' 18 compensation benefits? 19 A. I don't recall. 20 Q. So your work at the County, what positions have 21 you held as -- as a deputy sheriff since December 4th, 22 2006? 23 A. I don't understand the question. 24 Q. What assignments have you had? 25 A. Jail custody. Like? 19 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC (707) 255-5567 1 Q. Which one? 2 A. Santa Rita and Glenn Dyer. 3 Q. Any others? 4 A. Airport police services, Eden Township 5 Which jail? substation, Explosive Ordnance Disposal K9. 6 Q. Can you repeat that? 7 A. Explosive Ordnance Disposal K9. 8 Q. Okay. 9 A. And Explosive Ordnance Disposal bomb technician 10 11 12 without the certificate. Q. The first time you said Explosive Ordnance Disposal, and then you said something, cannon? 13 A. Explosives Ordnance Disposal K9. 14 Q. Sorry. 15 A. I'm sorry. 16 Q. Anything else? 17 A. No. 18 Q. Okay. 19 Any other assignments? What was your last assignment -- your most -- your most recent assignment? 20 A. The last three kind of roll into one. 21 Q. The Explosive Ordnance Disposal? 22 A. K9, tech, and airport police services. 23 Q. Okay. 24 25 Where were you stationed for airport police services? A. Oakland Airport. 20 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC 1 2 Q. airport? (707) 255-5567 Were you on patrol, or were you stationed at the Or does it include both? 3 A. Both. 4 Q. Do you have different rotations on where you are 5 during your shift? 6 A. Yes. 7 Q. What kind of rotations do you have? 8 A. Inside, curb, and outside. 9 Q. Inside is all walking? 10 A. Yes. 11 Q. And then on the curb, you're just -- is it out 12 on the area in a patrol car, or are you on foot? 13 A. Both. 14 Q. And outside? 15 A. Car and walking. 16 Q. Who was your last supervisor? 17 A. Sergeant Gena Livenspargar. 18 Q. How much time did you -- what period of time did 19 you work at Santa Rita Jail? 20 A. My start date -- I don't recall after that. 21 Q. And how about the time you were at Glenn Dyer? 22 A. I don't recall that either. 23 Q. When did you start at airport police services? 24 A. I don't recall. 25 Q. Do you know the period of time you were at 21 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC 1 (707) 255-5567 Eden Township? 2 A. I don't recall. 3 Q. Now, you said you -- for the Explosive Ordnance 4 Disposal bomb tech, you said it was without a 5 certificate? 6 A. Yes. 7 Q. With the K9, did you have a certificate for 8 that? 9 A. Yes. 10 Q. How was it that you were able to do the 11 Explosive Ordnance Disposal bomb tech without a 12 certificate? 13 A. 14 a bomb tech. 15 Q. When were you supposed to go to school? 16 A. February 10th. 17 Q. What year? 18 A. 2020. 19 Q. So is that on hold? 20 A. It is, yes. 21 Q. Have you had any contact with any of the I was not. I was in line to go to school to be 22 County -- your supervisor or any County employees since 23 you've been off work? 24 A. Yes. 25 Q. When was the last time you had communication 22 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC 1 (707) 255-5567 with them? 2 A. Friday. 3 Q. And who did you speak with? 4 A. Sergeant Ray Kelly. 5 Q. And who -- what was the circumstances of your 6 conversation with Sergeant Kelly? 7 A. Funeral. 8 Q. For whom? 9 A. Kyle Hendrickson. 10 Q. When was the funeral? 11 A. Friday. 12 Q. And you attended? 13 A. I did, yes. 14 Q. Where was it? 15 A. Pleasanton. 16 Q. Did you wear your uniform? 17 A. No. 18 Q. Is Sergeant Kelly a friend of yours, or is he in 19 a supervisory capacity for you, or both? 20 A. Both. 21 Q. Had -- you said your last supervisor was 22 Gena Livenspargar, right? 23 A. Yes. 24 Q. When was Sergeant Kelly your supervisor? 25 A. Direct supervisor, it was at Eden Township 23 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC 1 substation. 2 Q. 3 (707) 255-5567 And Gena Livenspargar was your supervisor at the airport? 4 A. Yes. 5 Q. Have you had any personnel issues, any 6 reprimands, counseling, or anything like that? 7 MR. HOLSTEDT: Wait a minute. There is -- you 8 know, I'm not going to let him answer the question 9 unless I have a chance to talk to him, because if it's 10 subject to an IA or something like that, you're not 11 entitled to that information. 12 There's a motion for that stuff. 13 MS. HASTINGS: 14 find out. 15 16 MR. HOLSTEDT: Well, I'll take a break, and I'll MS. HASTINGS: Well, he needs to finish my line ask him. 17 18 I guess he has to answer it to of questions. 19 It's a yes-or-no. MR. HOLSTEDT: I'm telling him not to answer 20 that question until I get a chance to talk to him. 21 BY MS. HASTINGS: 22 Q. Have you filed any grievances with the union? 23 A. No. 24 Q. Do you -- I take it you work overtime -- 25 A. Yes. 24 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC 1 Q. 2 (707) 255-5567 -- as a deputy sheriff? What kind of overtime do you do? 3 A. K9, bomb squad, airport, and the jail. 4 Q. Is any of it mandatory? 5 A. The jail is. 6 Q. And is that a shift that you have to take? 7 A. Yes. 8 Q. How many times a month do you have to take a 9 shift? 10 A. Once. 11 Q. Are you able to take more if you volunteer? 12 A. Yes. 13 Q. Okay. Over the course of an average month, say, 14 over the last year or in the last year before you were 15 off work, how many times per month did you work at the 16 jail in overtime? 17 A. I don't recall. 18 Q. Was it more than the one month -- one time per 19 month mandatory? 20 A. No. 21 Q. What's involved in the overtime at the airport? 22 Is it your regular work, or is it something different? 23 A. Depending on what the overtime is. 24 Q. Is it something you put in for, or is it 25 mandatory? 25 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC (707) 255-5567 1 A. You put in for. 2 Q. Are they special assignments? 3 A. Some are. 4 Q. You said you also do K9 overtime. 5 A. K9 sweeps. 6 Q. Is that inside the airport? 7 A. No. 8 Q. Where is it? 9 A. Different areas, Raiders football, Warriors 10 basketball. 11 Q. What's involved in that? 12 A. Protective bomb sweep of the area. 13 Q. Do you have a K9? 14 A. Yes. 15 Q. When you are at the airport, do you have your K9 16 What did you do? with you? 17 A. Yes. 18 Q. That's at your regular shift? 19 A. Yes. 20 Q. Is the dog off work with you? 21 A. Yes. 22 Q. Okay. 23 What is that? Bomb squad, what's involved in that -- the overtime on that? 24 A. Training days. 25 Q. Training days? 26 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC (707) 255-5567 1 A. Training days. 2 Q. What is that? 3 A. You have a certain day for training. 4 Q. And is the bomb squad just called out on -- as 5 needed; is that correct? 6 A. Yes. 7 Q. All right. Are the K9 sweeps at the football 8 games and basketball games done regularly, or is that as 9 needed as well? 10 A. (No audible response.) 11 Q. I mean, is that -- is that something that's 12 always done? 13 A. Yes. 14 Q. Is that before the -- when is it done? 15 A. Before the game, before the event. 16 Q. So before anybody arrives? 17 A. Yes. 18 Q. Before the public arrives? 19 A. Yes. 20 Q. Any other overtime that you do? 21 A. Concerts. 22 Q. Is that at the Coliseum? 23 A. Yes. 24 Q. Are -- do you also do overtime for the football 25 games or basketball games? Is that overtime, or is that 27 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC 1 (707) 255-5567 your regular shift? 2 A. Kind of coincides, depending on what day it is. 3 Q. So you're taken off the airport to go to the 4 arena? 5 A. Sometimes. 6 Q. What shift do you normally work? 7 A. C team, 1700, 0500. 8 Q. How many days a week? 9 A. Three days. And then pay -- the next pay 10 period, in that same pay period, four days. 11 four. Three and 12 Q. Is C team commonly known as graveyard? 13 A. Yes. 14 Q. How long have you been on the C team? 15 A. I don't recall. 16 Q. When you work at -- when you do overtime at 17 concerts, do you put in for that? 18 A. It's under Explosive Ordnance Disposal. 19 Q. And what does that mean? 20 I don't understand what you mean by that. 21 A. Bomb squad. 22 Q. Okay. So does that mean you're called in or 23 that -- do you -- is that the only thing you're doing? 24 Or are you providing security for the entire event? 25 A. Sometimes security. 28 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC 1 2 Q. (707) 255-5567 Prior to June 2019, on average, how much overtime did you work per month? 3 A. I have no idea. 4 Q. A lot? 5 A. A lot. 6 Q. More than 50 hours? 7 A. (Witness nods head up and down.) 8 9 10 Around there. I can't recall. Q. So you filed a claim for injuries you sustained on June 13 of this year, right? 11 A. Yes. 12 Q. Okay. 13 A. Protective bomb sweep for the game, security 14 What was your assignment that day? during the game. 15 Q. What time did you start work? 16 A. I don't recall. 17 Q. What was involved in doing the protective bomb 18 19 sweep? A. Can you walk me through that? With the dogs, the bomb techs walk certain 20 specific areas that are -- the public and players and 21 the staff would be in that area during the game and 22 before the game. Make sure it's clear. 23 Q. And you had your dog with you? 24 A. Yes. 25 Q. How long does that take? 29 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC (707) 255-5567 1 A. I don't recall. 2 Q. Do you go through a checklist? 3 A. Yes. 4 Q. Do you have one area that you do, or do you do 5 Two hours. Certain areas. the entire Coliseum? 6 A. I have one area. 7 Q. What area is that? 8 A. I don't recall what I did that day. 9 Q. How many areas are broken down into the Coliseum 10 for the -- just for the protective bomb squad? 11 A. For that certain day, I don't remember. 12 Q. How many other officers are doing this? 13 A. Eight -- seven. 14 Q. Do all of them have dogs? 15 A. Those do, yes. 16 Q. So once you've cleared the area, determined that I guess I was No. 8. 17 there aren't any bombs or explosives or anything like 18 that, what did you do once you've completed your sweep? 19 A. Go out to the gates where the metal detectors 20 are and -- till the game starts -- till the start of the 21 game. 22 Q. Where do the dogs go? 23 A. Go with us. 24 Q. Are you processing people through the metal 25 detectors? 30 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC (707) 255-5567 1 A. No. 2 Q. So you're just standing there with the dogs in 3 case something happened? 4 A. Yes. 5 Q. Do they -- are they sniffing out things on 6 people? 7 A. 8 No -- yes and no. I don't know how to answer that one. 9 Q. 10 don't know. 11 I don't know. I haven't seen them before, so I So if somebody walks through with an explosive 12 that didn't set off the metal detector, would the dog be 13 able to detect something? 14 A. No idea. 15 Q. Have they ever? 16 A. In training? 17 Q. No. 18 A. No. 19 Q. All right. 20 At one of these games? dogs and watching people as they come in to the arena? 21 A. Yes. 22 Q. Okay. 23 A. Don't know. 24 25 So you're standing there with your How long are you stationed at the gates? Till we're relieved. Start of the game. Q. Is that an hour, two hours, three hours? 31 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC Don't know. (707) 255-5567 1 A. Could be. Each game is different. 2 Q. What about that day? 3 A. Don't remember. 4 Q. Any incident at the gate that you recall? 5 A. No. 6 Q. Then what did you do -- or then what did you do 7 that day after your duty at the gates, the metal 8 detectors? 9 10 A. Went back to the car and relieved the dog, give the dog a break. 11 Q. How long do you do that? 12 A. An hour, hour and a half. 13 Q. By then the game had started? 14 A. Yes. 15 Q. Then what was your assignment? 16 A. I was a floater, I believe. 17 Q. What did you do as a floater? 18 A. If a suspicious bag or they have a call, I would 19 grab my partner, K9 partner, and go with the bomb tech 20 to handle the call. 21 22 Q. Okay. Where do you -- where do you stay as a floater while you're waiting for a call? 23 A. My car. 24 Q. With the dog? 25 A. Yes. 32 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC (707) 255-5567 1 Q. Was that during the entire game? 2 A. Yes. 3 Q. Then what was your next assignment? 4 A. The end of the game. 5 Q. At the end of the game, what is your assignment? 6 A. Court security. 7 Q. What's involved in court security? 8 A. Making sure no one storms on to the court. 9 Q. Did you -- do any of the deputy sheriffs have 10 special training when it comes to the court security? 11 A. I don't understand what you mean. 12 Q. Do you have training for that? 13 A. (No audible response.) 14 Q. Are you trained -- is there a special training 15 for court security on how to keep people from storming 16 the court? 17 A. Check credentials. 18 Q. Are there any barriers at all to the court? 19 MR. WINTER: 20 THE WITNESS: 21 22 Vague. Chairs. BY MS. HASTINGS: Q. So there's no -- is there any gate or door or 23 anything like that from the stands down to the court, to 24 the floor? 25 MR. HOLSTEDT: So, you know, this doesn't have 33 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC (707) 255-5567 1 anything to do with his industrial injury. 2 don't think it's relevant, something that needs to be 3 discovered. 4 MS. HASTINGS: Okay? So I I'm just asking a question on how 5 this security is done and what the circumstances are on 6 the floor. 7 I think that's completely relevant. MR. HOLSTEDT: The only thing that's relevant is 8 that he got injured by an individual when he was 9 working. 10 MS. HASTINGS: Right. 11 MR. HOLSTEDT: Okay. 12 MS. HASTINGS: And it is relevant to where this 13 individual came from. 14 MR. HOLSTEDT: It's not relevant at all. What's 15 relevant is my client got struck by somebody. You can 16 ask him if he got struck by somebody, but that's as far 17 as you need to know. 18 That's all there is. 19 MS. HASTINGS: Sorry, John. 20 MR. HOLSTEDT: He's not going to answer it. 21 24 25 So go ahead and -- 22 23 It has nothing else. MS. HASTINGS: You're instructing him not to MR. HOLSTEDT: Right. answer? Irrelevant. Not necessary. 34 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC (707) 255-5567 1 MS. HASTINGS: We can take this up at the Board. 2 MR. HOLSTEDT: Fine. 3 MS. HASTINGS: Okay. 4 Can you please mark that question? 5 6 (Addressing the reporter.) Thank you. Q. 7 So what do you do when you do court security? MR. HOLSTEDT: 8 credentials. 9 BY MS. HASTINGS: He already testified he checks 10 Q. Is there anything else you do? 11 A. Credentials. 12 Q. So where are you stationed? 13 A. I was stationed on the south side of the arena 14 15 that day -- southeast side, I guess. Q. 16 17 And were you on the court floor? MR. HOLSTEDT: It's irrelevant where he was on or what happened. 18 What is relevant is that he got hurt. That's 19 what you're trying to figure out is what his 20 disabilities are, what his injuries are, what kind of 21 treatment he's getting, what he's -- 22 MS. HASTINGS: 23 will get to that. 24 itself. 25 And I'm getting to that and I But I am also getting to the injury And I can ask background information for that. 35 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC (707) 255-5567 1 If you're going to instruct your client not to answer, 2 we will take this up at the Board, and we can have a 3 judge mediate what I can and cannot ask. 4 MR. HOLSTEDT: That's fine. 5 MS. HASTINGS: If you're going to instruct him 6 not to answer these questions, John, that's what we're 7 going to do. 8 MR. HOLSTEDT: 9 these questions. 10 BY MS. HASTINGS: I'm instructing him not to answer 11 Q. So you were struck in the face at this game? 12 A. Yes. 13 Q. By whom? 14 A. It was a black male adult who was later 15 identified as Masai Ujiri. 16 Q. Can you spell that, please? 17 A. M-a-s-a-i, U-j-i-r-i. 18 Q. Say that again. 19 A. U-j-i-r-i. 20 Q. And how did you know his identity after? 21 A. I was informed by a supervisor, I believe. 22 Q. Who was that? 23 A. Lieutenant Liskey. 24 Q. How did it come about that this gentleman struck 25 Paul Liskey. you? 36 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC 1 2 MR. HOLSTEDT: MS. HASTINGS: It does not call for -- I'm asking him how he got struck. 5 6 That calls for pure speculation. 3 4 Objection. (707) 255-5567 MR. HOLSTEDT: He got struck by an individual. BY MS. HASTINGS: 7 Q. Okay. What happened? 8 MR. HOLSTEDT: He got struck by an individual. 9 MS. HASTINGS: I'm asking him what happened. 10 MR. HOLSTEDT: He already told you. 11 him. 12 BY MS. HASTINGS: 13 14 He told you. Q. No. You got struck by this male. What were you doing immediately before he struck you? 15 MR. HOLSTEDT: Objection. 16 MS. HASTINGS: It is not irrelevant. 17 ridiculous, John. 18 MR. HOLSTEDT: what you want to do. 20 BY MS. HASTINGS: Q. 22 23 24 25 Irrelevant. This is This -- 19 21 You asked That's your opinion. You can do Go ahead. He's made the objection. MR. HOLSTEDT: You can answer. I'm saying don't answer. BY MS. HASTINGS: Q. When did you first encounter this black male? MR. HOLSTEDT: Objection. It has no relevance. 37 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC (707) 255-5567 1 He's not going to answer the question. 2 this. 3 4 MS. HASTINGS: Are you instructing him not to answer the question? 5 MR. HOLSTEDT: 6 answer. 7 BY MS. HASTINGS: 8 No bearing on Q. I'm instructing him not to Did you pass any words between this individual? 9 MR. HOLSTEDT: Don't answer. 10 MS. HASTINGS: Okay. 11 the Board. 12 this deposition at the WCAB, and we will go through the 13 whole fight portion of this, the whole medical portion 14 of this, at the WCAB. 15 16 Certify this. We're taking this up at MR. HOLSTEDT: that. We're done. Sorry. We will continue I'm not agreeing with You can do whatever you think you can do. 17 I'll take a copy of that and CD as well. 18 (Whereupon, the deposition of ALAN STRICKLAND 19 was adjourned at 10:44 a.m.) 20 21 22 23 ______________________________ _______________ Signature Date 24 25 38 DEPOSITION OF ALAN STRICKLAND QUINTERO DEPOSITION LLC 1 (707) 255-5567 CERTIFICATE OF CERTIFIED SHORTHAND REPORTER 2 3 STATE OF CALIFORNIA ) ss 4 5 6 I, CYNTHIA HUANG, a Certified Shorthand Reporter of the State of California, do hereby certify: 7 That the foregoing proceedings were reported by 8 me and therefore transcribed into typewriting under my 9 direction. 10 I further certify that I am not of counsel or 11 attorney for either or any of the parties hereto, nor in 12 any way interested in the outcome of the cause named in 13 said caption. 14 Dated this November 7, 2019. 15 16 17 ____________________________ 18 CYNTHIA HUANG 19 Certified Shorthand Reporter 20 License No. 11812 21 22 23 24 25 39 DEPOSITION OF ALAN STRICKLAND VERIFICATION 1 2 I am one of the attorneys for the defendant in this action. The facts alleged in the above 3 document are within my knowledge, and I make this verification for that reason; the above 4 document is true to my own knowledge, except as to the matters that are stated in it on 5 information and belief, and as to those matters, I believe it to be true. 6 7 8 I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed this 14day of November, 2019 at Oakland, California. 9 10 11 _______________________________________ Susan N. Hastings 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- 1 CERTIFICATE OF SERVICE BY MAIL 2 ALAN STRICKLAND v. COUNTY OF ALAMEDA SHERIFF'S DEPARTMENT, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP, INC. WCAB Case No: ADJ12298405 3 4 I am over 18 years of age and not a party to the within-entitled action. I am employed at 5 and my business address is LAUGHLIN, FALBO, LEVY & MORESI LLP, One Capitol Mall, 6 Suite 400, Sacramento, CA 95814. On this date, I served the following: 7 PETITION TO COMPEL ANSWERS AT DEPOSITION OR ALTERNATIVELY SET THE 8 DEPOSITION BEFORE THE WCAB JUDGE 9 10 11 12 13 14 15 16 17 by placing a true copy thereof enclosed in a sealed envelope with postage prepaid in the United States mail at Fresno, California, addressed as shown below. Laura Dominguez York Risk Services Group, Inc. P.O. Box 619079 Roseville, CA 95661 (Claim No: CTYA-105572) VIA E-MAIL ONLY Justin Pajaro York Risk Services Group P.O. Box 619079 Roseville, CA 95661 VIA E-MAIL ONLY 19 John R. Holstedt, Esq. Mastagni, Holstedt, Amick, Miller & Johnsen 1912 I Street Sacramento, CA 95811-3151 20 oscwest@yorkrsg.com 21 Workers' Compensation Appeals Board 1515 Clay Street, 6th Floor Oakland, CA 94612 VIA EAMS ONLY 18 22 23 24 25 26 I declare under penalty of perjury that the foregoing is true and correct. Executed at Fresno, California on November 14, 2019. __________________________________________ Emma Sanborn 27 28 -5- STATE OF CALIFORNIA DWC DISTRICT OFFICE E-COVER SHEET REQUIRED FIELDS SHOWN BY "*" Companion Cases Exist Location: I CTL □ More than 15 Companion Cases Date: ( MM/DD/YYYY) Case Number:* □ 11/22/2019 I I ADJ12298405 I SSN(Numbers Only) I I 0 Specific Injury (If Specific Injury, use the start date as the specific date of injury) 0 Cumulative Injury I Body Part 1 : Body Part 3 : Other Body Parts : I I (START DATE: MM/DD/YYYY) I (END DATE: MM/DD/YYYY) I I I I I I Body Part 2 : Body Part 4 : I I I I Please check unit to be filed on ( check only one box )* 0 ADJ 0 DEU 0 SIF 0 UEF 0 SAU 0 Companion Cases Case 1: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 2: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : INT 0 RSU Case 3: 0 Specific Injury 0 Cumulative Injury (If Specific Injury, use the start date as the specific date of injury) (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 4: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 5: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 6: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 7: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 8: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 9: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 10: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 11: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 12: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 13: 0 Specific Injury 0 Cumulative Injury (If Specific Injury, use the start date as the specific date of injury) (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 14: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : Case 15: (If Specific Injury, use the start date as the specific date of injury) 0 Specific Injury 0 Cumulative Injury (START DATE: MM/DD/YYYY) (END DATE: MM/DD/YYYY) Body Part 1 : Body Part 2 : Body Part 3 : Body Part 4 : Other Body Parts : STATE OF CALIFORNIA DIVISION OF WORKERS' COMPENSATION WORKERS' COMPENSATION APPEALS BOARD DECLARATION OF READINESS TO PROCEED NOTICE: Any objection to the proceedings requested by a Declaration of Readiness to proceed shall be filed and served within ten (10) days after service of the Declaration. Case No ADJ12298405 Applicant First Name* ALAN MI Last Name* STRICKLAND VS Employer Information Employer Name COUNTY OF ALAMEDA SHERIFFS DEPT Employer Street Address / PO Box 550 6TH ST City OAKLAND State CA Zip Code (Numbers Only) 94607 Declarants: Please designate your role (Please Select Only One)* 0 0 0 0 Employee Applicant Defendant Lien Claimant Declarant requests: (Please Select Only One)* 0 0 Mandatory Settlement Conference 0 Lien Conference 0 Status Conference 0 Priority Conference Rating MSC* Hearing Date Select a Hearing Date from the drop-down list: * 2020/01/14-13:30:00 Search ) Hearing Date Alternate Hearing Date: At the present time the principal issues are: Compensation Rate □ □ Temporary Disability □ Permanent Disability □ AOE/COE □ Employment (Check all that apply) □ Rehabilitation / SJDB □ Self-procured Medical Treatment □ Future Medical Treatment □ Discovery [2] Other PETITION TO COMPEL Declarant relies on the report(s) of: Doctor(s) Dated (MM/DD/YYYY) Declarant states under penalty of perjury that (1) he or she is presently ready to proceed to hearing on the issues below and has made the following specific, genuine, good faith efforts to resolve the dispute(s) listed below, APPLICANT WAS INSTRUCTED NOT TO ANSWER QUESTIONS PERTAINING TO THE MECHANISM OF INJURY OR EVENTS WHICH CAUSED THE INJURY. DEFENDANTS FILED A PETITION TO COMPEL ANSWERS AT DEPOSITION OR ALTERNATIVELY TO SET DEPOSITION BEFOR WCAB JUDGE. WCAB DETERMINATION AND INTERVENTION REQUIRED. and (2) unless a status or priority conference is requested, I have completed discovery on the issues listed above, and that all medical reports in my possession or control have been filed and served as required by applicable rules. If you are a lien claimant filing for a lien conference, you must complete this section: The lien filing fee or activation fee has been paid. Confirmation No: A filing fee or activation fee is not required because the lien is exempt, or because either the lien was not filed under Labor Code section 4903(b) or the lien is not a claim of costs. A filing fee was previously paid under the law in effect from 2004 to 2006 and proof of that payment is attached. Copies of this Declaration have been served this date as shown on the attached proof of service. Declarant’s Signature S SUSAN HASTINGS Name and Law Firm LAUGHLIN FALBO OAKLAND Address 1 CAPITOL MALL STE 400 SACRAMENTO CA 95814 Phone Number 5106280496 Date (MM/DD/YYYY) 11/22/2019 *For a Rating MSC, all ratable medical reports, including treating physician, QME and AME reports, must be filed with this Declaration of Readiness, unless they have been previously filed. A Rating MSC will be set only where the issues are limited to permanent disability and the need for future medical treatment. □ □ INSTRUCTIONS 1. This Declaration must be completed and filed before any case will be set for hearing at the request of any party. A party may request a mandatory settlement conference hearing, status conference hearing, rating mandatory settlement conference hearing, or a priority conference hearing. A mandatory settlement conference is held to assist the parties in resolving the dispute. If the dispute cannot be resolved at that time, the parties should be ready to frame issues, record stipulations, list exhibits, and list the witnesses who will testify at trial. A trial is set only at the discretion of the judge and is set for the purpose of receiving evidence. A rating mandatory settlement conference is a mandatory settlement conference but ratings of the medical reports will be available at the time of the conference. A status conference is not a mandatory settlement conference but a proceeding for which judicial attention is required. It can include, but is not limited to, a lien conference or conference in a complicated case in which discovery is not complete and the parties need the judge’s guidance. A priority conference is a conference held under Labor Code section 5502(c) in which the injured worker is represented by an attorney and the issues include employment and/or injury arising out of and in the course of employment. 2. Unless notified otherwise, no witness other than the applicant need attend conference hearings. Claims adjusters and lien claimants must be present or available by telephone. 3. The party requiring an interpreter must arrange for the presence of an interpreter, except that the defendant(s) must arrange for the presence of the interpreter if the injured worker is not represented by an attorney. 4. Continuances are not favored and none will be granted after the filing of this Declaration without a clear and timely showing of good cause. 5. The Workers’ Compensation Appeals Board favors the presentation of medical evidence in the form of written reports. 6. The WCJ, upon the receipt of the Declaration of Readiness, may set the case for a type of proceeding other than the one requested (Rule 10417). Workers' Compensation Information and Assistance - 1 (800) 736-7401 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 CERTIFICATE OF SERVICE BY MAIL ALAN STRICKLAND v. COUNTY OF ALAMEDA SHERIFF'S DEPARTMENT, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP, INC. WCAB Case No: ADJ12298405 I am over 18 years of age and not a party to the within-entitled action. I am employed at and my business address is LAUGHLIN, FALBO, LEVY & MORESI LLP, One Capitol Mall, Suite 400, Sacramento, CA 95814. On this date, I served the following: DECLARATION OF READINESS TO PROCEED by placing a true copy thereof enclosed in a sealed envelope with postage prepaid in the United States mail at Oakland, California, addressed as shown below. Workers' Compensation Appeals Board 1515 Clay Street, 6th Floor Oakland, CA 94612 Laura Dominguez York Risk Services Group, Inc. (Via E-Mail And U.S. Mail) P.O. Box 619079 Roseville, CA 95661 (Claim No: CTYA-105572) Justin Pajaro York Risk Services Group (Via E-Mail And U.S. Mail) P.O. Box 619079 Roseville, CA 95661 John R. Holstedt, Esq. Mastagni, Holstedt, Amick, Miller & Johnsen 1912 I Street Sacramento, CA 95811-3151 oscwest@yorkrsg.com I declare under penalty of perjury that the foregoing is true and correct. Executed at Oakland, California on November 22, 2019. 24 25 26 __________________________________________ Jessica Lainez 27 28 -1- 1 4 JOHN R. HOLSTEDT, ESQ (SBN 84142) MASTAGNI HOLSTEDT, A.P.C. A Professional Corporation 1912 I Street Sacramento, CA 95811 916/446-4692 5 Attorney for Applicant 2 3 6 7 IN AND FOR THE STATE OF CALIFORNIA 8 BEFORE THE WORKERS' COMPENSATION APPEALS BOARD 9 -ooOoo- 10 11 Alan Strickland, 12 13 14 15 16 Applicant, v. EAMS CASE NO: ADJ12298405 OBJECTION TO DEFENDANT’S DECLARATION OF READINESS TO PROCEED County of Alameda, Defendant. _____________________________/ 17 18 19 COMES NOW, Applicant, by and through his attorney, MASTAGNI HOLSTEDT, A.P.C., and objects to Defendant's Declaration of Readiness to Proceed on the following grounds: 20 1. Defendant has refused to provide the videos of the incident involving Applicant. 21 2. They are in possession of these that are the best evidence of how the injury occurred and 22 23 24 25 26 27 28 how and where it happened. 3. Defendant’s are refusing to provide this information and that is the best evidence relative to the questions posed at the deposition. 4. Defendant should be ordered to produce the video in their possession as it is not sub rosa, it is simply video taken at the exact time of the incident and involve the incident. WHEREFORE, Applicant requests that Defendant’s Declaration of Readiness to Proceed be denied and this matter remain in an off-calendar status and Defendant be ordered said video. 1 I declare under penalty of perjury under the laws of the State of California that the foregoing 2 is true and correct to the best of my knowledge. 3 Date: 12/6/2019 4 Respectfully Submitted, 5 MASTAGNI HOLSTEDT, A.P.C. 6 7 ____________________________________ 8 JOHN R. HOLSTEDT 9 Attorney for Applicant 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VERIFICATION 1 [California Code of Civil Procedure §§ 446 & 2015.5] 2 3 4 I, the undersigned, represent the applicant in the above-captioned matter before the Workers’ Compensation Appeals Board. I have reviewed the attached Objection to DOR, and am 5 familiar with the contents thereof. Except as to those matters stated upon information and belief, 6 which I believe to be true, I hereby certify the contents of said document to be true based upon my 7 personal knowledge. 8 9 I declare under penalty under the laws of the State of California that the foregoing is true, accurate, and correct to the best of knowledge. Dated 12/6/2019, at Sacramento, California. 10 11 _____________________________________________ 12 JOHN R. HOLSTEDT 13 Attorney for Applicant 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 Uniformed Assigned Name: Mastagni Holstedt Sacramento Administrator Name: Justine E. Lamy Administrator Phone No.: (916) 491-4244 Administrator’s e-mail: jlamy@mastagni.com 4 PROOF OF SERVICE BY MAIL 5 6 7 8 9 10 11 12 13 1013a, 2015 C.C.P. ALAN STRICKLAND V. COUNTY OF ALAMEDA • EAMS: ADJ12298405 I am a citizen of the United States and a resident of the County of Sacramento. I am over the age of eighteen years and not a party to the within above-entitled action; my business address is 1912 I Street, Sacramento, California 95811. On 12/6/2019 I served the within: 1. OBJECTION TO DECLARATION OF READINESS TO PROCEED. on the parties in said action, by placing a true copy thereof enclosed in a sealed envelope with 14 postage thereon fully prepaid, in California, addressed as follows: 15 Original to: Workers' Compensation Appeals Board 1515 Clay Street, 6th Floor Oakland, CA 94612-1402 (electronically filed) 16 17 18 Copies to: York Insurance Services P.O. Box 619079 Roseville, CA 95661-9058 Laughlin, Falbo, Levy & Moresi LLP One Capitol Mall, Suite 400 Sacramento, CA 95814 19 20 21 22 23 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 12/6/2019 at Sacramento, California. 24 25 26 27 28 _____________________________ NATHAN D. KIRIAKIDIS Legal Assistant 1 2 3 JOHN R. HOLSTEDT [SBN 84142] MASTAGNI HOLSTEDT, A.P.C. 1912IStreet Sacramento, CA 95811 Telephone: 916-446-4692 4 5 Attorney for Applicant 6 IN AND FOR THE STATE OF CALIFORNIA BEFORE THE WORKERS' COMPENSATION APPEALS BOARD -ooOoo- 7 8 9 10 11 12 13 14 15 WCAB Case No.: ADJ12298405 ALAN STRICKLAND, Applicant, v. COUNTY OF ALAMEDA, PSI, Adjusted by OPPOSITION TO DEFENDANTS' MOTION TO COMPEL ANSWERS AT DEPOSITION OR ALTERNATIVELY TO SET DEPOSITION BEFORE A WORKERS' COMPENSATION JUDGE YORK RISK SERVICES GROUP, INC. Defendant(s). 16 17 TO THE WORKERS' COMPENSATION APPEALS BOARD AND TO ALL 18 PARTIES AND THEIR ATTORNEYS OF RECORD: 19 20 The Applicant, by way of his attorney, moves to deny the motion to compel answers to 21 the deposition or alternatively to set deposition before the workers' compensation judge 22 (hereinafter "Motion") which was served upon them by Defendant. 23 I. INTRODUCTION 24 Defendant's Motion claims that Applicant's attorney's objection based on "relevance" is 25 26 improper and calls upon the Workers' Compensation Appeals Board (hereinafter "Board") for an 27 order compelling Applicant to respond. As described in greater detail below, the Board should 28 deny Defendants motion for the following reasons: - 1APPLICANT'S OPPOSITION TO DEFENDANT'S MOTION TO COMPEL ANSWERS AT DEPOSITION OR AL TERNA TIVEL Y TO SET DEPOSITION BEFORE A WORKERS' COMPENSATION JUDGE 1 First, Defendant's line of questioning was seeking irrelevant information. (See Cal. Code 2 Civ. Proc. § 2017(a); Tylo v. Superior Court (1997) 55 Cal.App.4 th 1379, 1387 ("While the filing 3 of the lawsuit by petitioner may be something like issuing a fishing license for discovery, as with 4 5 a fishing license, the rules of discovery do not allow unrestricted access to all species of information."); Lipton v. Superior Court (1996) 48 Cal.App.4 th 1599, 1611-1612.) 6 7 Second, in addition to relevancy, Defendant's line of questioning encroaches into privacy 8 rights of third parties, such as Oracle, the NBA, and others. (Doe 2 v. Superior Court (2005) 132 9 Cal.App.4 th 1504 (A party to an action may assert the privacy rights of third parties, in which 10 11 case the third party has a right to notice and an opportunity to be heard.); see also Tylo, supra, 55 Cal.App.4 th at 1387.) 12 13 Third, Applicant's counsel has attempted to subpoena the video footage from incident 14 which captured Applicant becoming injured. Ironically, Defendant's counsel filed a motion to 15 quash this subpoena claiming, among other things, that the subpoena was irrelevant. Now, 16 Defendant's want Applicant to respond to information which was recorded on security cameras 17 at Oracle claiming that information is now relevant. 18 19 Fourth, Defendant's request for sanctions against Applicant's legal counsel pursuant to 20 Labor Code 5813 is unfounded. As discussed further below, Applicant's legal counsel raised 21 valid objections to defense counsel's irrelevant line of inquiry which, if allowed to continue, 22 would have implicated various privilege objections of third-parties. 23 II. FACTUAL BACKGROUND 24 25 On or about June 13, 2019, Applicant was injured by a man, later identified as Masai 26 Ujiri, the Toronto Raptor's president. At the time of the incident, Applicant was working security 27 detail at the Oracle arena for the NBA Finals game between the Golden State Warriors and the 28 Toronto Raptors. -2- APPLICANT'S OPPOSITION TO DEFENDANT'S MOTION TO COMPEL ANSWERS AT DEPOSITION OR AL TERNA TIVEL Y TO SET DEPOSITION BEFORE A WORKERS' COMP EN SA TION JUDGE 1 Given that this was an NBA Finals game and considered a Tier 1 National Security 2 Event, the Oracle arena worked in conjunction with local law enforcement for security. Given 3 Applicant's role at this event, there is information he cannot disclose without divulging security 4 protocols and the future safety of fans attending these events. 5 6 III. 7 California Code of Civil Procedure§ 2017.010 provides: LEGAL ARGUMENT 8 9 10 11 12 13 14 15 Unless otherwise limited by order of the court in accordance with this title, any party may obtain discovery regarding any matter, not privileged, that is relevant to the subiect matter involved in the pending action or to the determination of any motion made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence. Discovery may relate to the claim or defense of the party seeking discovery or of any other party to the action. Discovery may be obtained of the identity and location of persons having knowledge of any discoverable matter, as well as of the existence, description, nature, custody, condition, and location of any document, electronically stored information, tangible thing, or land or other property. 16 17 18 (Cal. Code Civ. Proc.§ 2017.010 (emphasis added).) "While the filing of the lawsuit by petitioner may be something like issuing a fishing 19 license for discovery, as with a fishing license, the rules of discovery do not allow unrestricted 20 access to all species of information." (Tylo v. Superior Court (1997) 55 Cal.App.4 th 1379, 1387.) 21 For example, while it is true that the Discovery Act authorizes inquiry into some irrelevant 22 matters, this inquiry is allowed only if "their revelation may lead to the discovery of admissible 23 evidence." (Dodge, Warren & Peters Ins. Services, Inc. v. Riley (App. 4 Dist. 2003) 105 24 Cal.App.4th 1414.) (emphasis added) 25 Here, defense counsel asked questions about the man that struck applicant. As it 26 pertained to the man's description, build, and how Applicant became aware of his identity, no 27 objections were raised. Objections were raised regarding questions that have no relevance in this 28 -3APPLICANT'S OPPOSITION TO DEFENDANT'S MOTION TO COMPEL ANSWERS AT DEPOSITION OR AL TERNA TIVEL Y TO SET DEPOSITION BEFORE A WORKERS' COMPENSATION JUDGE 1 workers' compensation matter. To the extent that defense counsel's questions "may" have led to 2 further "evidence" it is also irrelevant and, what is more, subject to various privacy objections as 3 to Oracle arena and the NBA. 4 A party to an action may assert the privacy rights of third parties, in which case the third 5 party has a right to notice and an opportunity to be heard. (Doe 2 v. Superior Court (2005) 132 6 Cal.App.4th 1504.) "Discovery of constitutionally protected information is on a par with 7 8 9 10 11 discovery of privileged information and is more narrowly proscribed than traditional discovery." (Britt v. Superior Court (1978) 20 Cal.App.3d 844, 852-853.) Here, since defense counsel ended the deposition so abruptly, she did not ask questions which would have earned a privacy objection from Applicant's counsel. However, given the scope of her deposition, these questions were clearly in queue. 12 For example, if defense counsel were to ask questions as to where Applicant was located 13 in connection with various entrances and exits, the number of personnel on the floor, whether or 14 15 16 17 18 19 20 21 22 23 24 25 26 27 not Applicant was alerted to the presence and/or potential threat posed by the later identified Mr. Ujiri - any questions such as these would have triggered various privacy objections, in addition to relevancy, on behalf of third parties, such as Oracle and the NBA. Applicant's legal counsel filed a subpoena for records from Oracle, among others, at the start of this litigation. Ironically, defense counsel filed a motion to quash this subpoena and has claimed, among other things, that it was irrelevant to this proceeding. Lastly, Labor Code § 5813 provides, in relevant part, as follows: The workers' compensation referee or appeals board may order a party, the party's attorney, or both, to pay any reasonable expenses, including attorney's fees and costs, incurred by another party as a result of bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. In addition, a workers' compensation referee or the appeals board, in its sole discretion, may order additional sanctions not to exceed two thousand five hundred dollars ($2,500) to be transmitted to the General Fund. (Cal. Lab. Code§ 5813 (emphasis added).) 28 -4APPLICANT'S OPPOSITION TO DEFENDANT'S MOTION TO COMPEL ANSWERS AT DEPOSITION OR ALTERNATIVELY TO SET DEPOSITION BEFORE A WORKERS' COMPENSATION JUDGE 1 Here, neither Applicant nor his legal counsel acted in "bad faith" or displayed "frivolous" 2 "tactics" only to cause "unnecessary delay." As stated above, the only objections raised by 3 Applicant's counsel pertained to clearly irrelevant line of questioning which, ifleft unchecked, 4 would have delved into privilege subject matter. Moreover, it was not Applicant or his legal 5 counsel that abruptly terminated this deposition. That was defense counsel Susan Hastings. Ms. 6 Hastings could have noted the transcript and continued on to the subject matter that is relevant to 7 this workers' compensation claim. Indeed, Applicant's legal counsel asked Ms. Hastings to 8 engage in a relevant line of questioning: 9 10 11 12 13 MR. HOLSTEDT: ... What is relevant is that he got hurt. That's what you're trying to figure out is what his disabilities are, what his injuries are, what kind of treatment he's getting, what he's MS. HASTINGS: And I'm getting to that and I will get to that. .. (Deposition of Alan Strickland ("Strickland Depo."), p. 35:18-23.) 14 In short, neither the Applicant nor his attorney displayed sanctionable conduct. 15 As such, any suggestion that Applicant or his legal counsel should be sanctioned under 16 Labor Code § 5 813 is ridiculous. IV. 17 18 CONCLUSION Wherefore, the reasons stated above, Applicant requests that the Board deny Defendant's 19 request for an order requiring Applicant answer questions regarding privileged information 20 occurring before he was injured by Mr. Ujiri. As for all other matters, Applicant's counsel never 21 objected to Applicant answering facts regarding his injuries, treatment, and/or effects arising 22 from this incident. 23 DATED: December 30, 2019 Respectfully Submitted, 24 25 26 27 J6HN R. HOLSTEDT Attorney for Applicant 28 -5APPLICANT'S OPPOSITION TO DEFENDANT'S MOTION TO COMPEL ANSWERS AT DEPOSITION OR AL TERNA TIVEL Y TO SET DEPOSITION BEFORE A WORKERS' COMPENSATION JUDGE 1 VERIFICATION 2 [California Code of Civil Procedure§§ 446 & 2015.5] 3 4 I, the undersigned, represent the applicant in the above-captioned matter before the 5 Workers' Compensation Appeals Board. I have reviewed the attached Opposition to Defendant's 6 Motion to Compel Answers at Deposition, and am familiar with the contents thereof. Except as to 7 those matters stated upon information and belief, which I believe to be true, I hereby certify the 8 contents of said document to be true based upon my personal knowledge. 9 10 I declare under penalty under the laws of the State of California that the foregoing is true, accurate, and correct to the best of knowledge. Dated 12/30/2019, at Sacramento, California. 11 12 13 14 R. HOLSTEDT 15 Attorney for Applicant 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 Uniformed Assigned Name: Mastagni Holstedt Sacramento Administrator Name: Justine E. Lamy Administrator Phone No.: (916) 491-4244 Administrator’s e-mail: jlamy@mastagni.com 4 PROOF OF SERVICE BY MAIL 5 6 7 8 9 10 11 12 13 14 15 1013a, 2015 C.C.P. ALAN STRICKLAND V. COUNTY OF ALAMEDA • EAMS: ADJ12298405 I am a citizen of the United States and a resident of the County of Sacramento. I am over the age of eighteen years and not a party to the within above-entitled action; my business address is 1912 I Street, Sacramento, California 95811. On 12/30/2019 I served the within: 1. OPPOSITION TO DEFENDANTS’ MOTION TO COMPEL ANSWERS AT DEPOSITION OR ALTERNATIVELY TO SET DEPOSITION BEFORE A WORKERS’ COMPENSATION JUDGE. on the parties in said action, by placing a true copy thereof enclosed in a sealed envelope with 16 postage thereon fully prepaid, in California, addressed as follows: 17 Original to: Workers' Compensation Appeals Board 1515 Clay Street, 6th Floor Oakland, CA 94612-1402 (electronically filed) 18 19 20 Copies to: York Insurance Services P.O. Box 619079 Roseville, CA 95661-9058 Laughlin, Falbo, Levy & Moresi LLP One Capitol Mall, Suite 400 Sacramento, CA 95814 21 22 23 24 25 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 12/30/2019 at Sacramento, California. 26 27 28 _____________________________ NATHAN D. KIRIAKIDIS Legal Assistant 1 2 3 Uniformed Assigned Name: Mastagni Holstedt Sacramento Administrator Name: Justine E. Lamy Administrator Phone No.: (916) 491-4244 Administrator’s e-mail: jlamy@mastagni.com 4 PROOF OF SERVICE BY MAIL 5 6 7 8 9 10 11 12 1013a, 2015 C.C.P. ALAN STRICKLAND V. COUNTY OF ALAMEDA • CASE NO.: ADJ12298405 I am a citizen of the United States and a resident of the County of Sacramento. I am over the age of eighteen years and not a party to the within above-entitled action; my business address is 1912 I Street, Sacramento, California 95811. On 12/31/2019 I served the within: 1. REQUEST FOR CONTINUANCE. on the parties in said action, by placing a true copy thereof enclosed in a sealed envelope with 13 postage thereon fully prepaid, in California, addressed as follows: 14 Original to: Workers' Compensation Appeals Board 1515 Clay Street, 6th Floor Oakland, CA 94612-1402 (electronically filed) 15 16 17 Copies to: York Insurance Services P.O. Box 619079 Roseville, CA 95661-9058 Laughlin, Falbo, Levy & Moresi LLP One Capitol Mall, Suite 400 Sacramento, CA 95814 18 19 20 21 22 I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 12/31/2019 at Sacramento, California. 23 24 25 26 27 28 _____________________________ NATHAN D. KIRIAKIDIS Legal Assistant DAVID I! MASTAGNI JOHN R. HOLSTEDT MICHAEL D. AMICK CRAIGE.JOHNSEN BRIAN A. DIXON STEVEN W. WELTY STUART C. WOO DAVIDE. MASTAGNI RICHARD J. ROMANSKI PHILLIP RA MASTAGNI KATHLEEN N. MASTAGNI STORM SEAN D. HOWELL WILLIAM ~ CREGER SEAN D. CURRIN !SMC S. STEVENS PAUL T. DOLBERG DANJEL LOSIER JUDITM A. ODBERT KENNETM E. BACON JOHN H. BAKHIT GRANT A. WINTER IAN 13. SANGSTER JOSHUA A. OLANDER DUSTIN C. INGRAHAM S:ac:rnment<) O ffitt 19 12 I Strect Sacramenro, CA 958 1 I (9 I 6) 446-4692 Fax (916) 447-46 I 4 Tax ID #94-2678460 n[nn - - - - - - -~ ------- MASTAGNI HOLSTEDT A Profes.sian:,I Corporntion Rancho Cucamo nga Office (909) 477-8920 Ch ko: (530) 895-3836 San Jose: (408) 292-4802 S1ock10 11e (209) 948-6158 Los Angclc,e (2 13) 640-3529 All Coucspondcncc ro Sacran1cnco Office www.mascagni.com December 31, 2019 Workers Compensation Appeals Board Attn: The Honorable James Griffin RE: ALAN STRICKLAND V. COUNTY OF ALAMEDA EAMS NO.: ADJ12298405 Dear Judge Griffin: This matter is set before you for MSC on 01/14/2020 at 1:30 p.m. I am currently scheduled for a deposition in Sacramento on this same day. For this reason, it is respectfully requested that this matter be continued to a future date. Defense counsel has no objection to this request. Respectfully submitted, MASTAGNI HOLSTEDT, A.P.C. JOHN R. HOLSTEDT Attorney for Applicant JRH/ndk cc: (see proof of service) TASMAYLA D. BILLINGTON HOWARD A_ LIBERMAN CEZAR ). TORREZ BRENDAN ll. ROCHFORD ZEBULON. J. DAVIS DOUGLAST. GREEN SETH A. NUNLEY MARKE. WILSON MELISSA M. THOM JASON M. EWERT JONAT HAN 0. CHAR PETER D. LEWICKI ELI MORENO-SANCHEZ BRETI' D. SEYLER CHELSEA R. AVENT VANESSA A. MUNOS KIMBERLY A. VELAZQUEZ JOSEPH A. HOFFMANN DANIELLE). WILLIAMS JULIE M. RUIZ.SIERRA WILLIAM M. CLARK JIZELL K. LOPEZ CHERYL CARLSON STATE OF CALIFORNIA DIVISION OF WORKERS' COl\\PENSATION \VORKERS' COIVIPENSATION APPEALS BOARD Uqr; f ~ By ~ e 10500, you are designated to serve this/these document(s} on all parties as shown on the • . ( ] SeJVed on parties and lien claimants present Page 1 of j _ WCAB Form 20 (Rev. 2012) · WORKERS' COMPENSATION JUDGE 1 2 3 4 5 6 7 8 9 10 11 12 CERTIFICATE OF SERVICE BY MAIL ALAN STRICKLAND v. COUNTY OF ALAMEDA SHERIFF'S DEPARTMENT, Permissibly Self-Insured, Adjusted by YORK RISK SERVICES GROUP, INC. WCAB Case No: ADJ12298405 I am over 18 years of age and not a party to the within-entitled action. I am employed at and my business address is LAUGHLIN, FALBO, LEVY & MORESI LLP, One Capitol Mall, Suite 400, Sacramento, CA 95814. On this date, I served the following: MINUTES OF HEARING OF 1-13-20 by placing a true copy thereof enclosed in a sealed envelope with postage prepaid in the United States mail at Concord, California, addressed as shown below. Laura Dominguez (via email & mail) York Risk Services Group, Inc. P.O. Box 619079 Roseville, CA 95661 (Claim No: CTYA-105572) 14 John R. Holstedt, Esq. Mastagni, Holstedt, Amick, Miller & Johnsen 1912 I Street Sacramento, CA 95811-3151 15 Alan Strickland 13 16 17 18 19 oscwest@yorkrsg.com I declare under penalty of perjury that the foregoing is true and correct. Executed at Concord, California on January 15, 2020. 20 21 22 Yolanda Kirk 23 24 25 26 27 28 -1- - LAUGI-ILIN, FALBO, LEVY MORESI Susan N. Hastings (SEN 158027) One Capitol Mall, Suite 400 Sacramento, CA 95814 Telephone: (403) 286?8801 Attorneys for Defendants COUNTY OF ALAMEDA, PSI, Adjusted by YORK RISK SERVICES GROUP, INC. BEFORE THE COMPENSATION APPEALS BOARD STATE OF CALIFORNIA ALAN STRICKLAND WCAB Case No: ADJ 12298405 Applicant, ANSWER TO APPLICANTS OPPOSITION T0 MOTION TO VI COUNTY OF ALAMBDA, PSI, Adjusted COMPEL ANSWERS AT DEPOSITION by YORK RISK SERVICES GROUP, OR ALTERNATIVELY TO SET INC. DEPOSITION BEFORE A COMPENSAI EON JUDGE Defendants. COMES NOW, County of Alameda, PSI, hereina?er Defendants, by and through their . attorneys of record, Laughlin, Falbo, Levy Moresi, with the Defendant?s Response to Applicant?s Opposition to Petition to Compel Answers at Deposition or Altematively to Set Deposition Before a Workers? Compensation Judge. In support of this petition, defendant asserts the following: Statement of Facts Applicant was deposed by Defendant?s counsel on October 28, 2019. At this deposition Applicant was instructed by his attorney to not answer several questions from Defense counsel. The ?rst question Applicant was instructed not to answer was if there were any barriers to access to courtside. The second question was to determine if the Applicant was on the court ?oor at the time of his injury. These two questions were asked consecutively and after neither were answered there were questions asked to establish the name of the person Applicant stated struck .1- him in the face and how he came to determine that person? name. After answering these questions Applicant was asked how it came about that he was struck by this person and Applicant?s counsel objected on the grounds of Speculation. Defense counsel than asked Applicant what happened when he got struck and Applicant?s counsel objected, stating it was irrelevant. There was then a back and. forth between Applicant?s counsel and Defense counsel as to the procedure regarding answering questions that have been objected to, at which point the deposition came to a close. Arggment Applicant?s counsel puts forward four arguments in their opposition to the motion to compel; that the line of questioning was seeking irrelevant information, that the questioning encroaches into privacy rights of third parties, speci?cally naming the NBA and Oracle, that Applicant?s counsel has attempted to subpoena video footage from the incident and that by filing a motion to quash that subpoena on the grounds of irrelevance, Defense counsel now should not be able to ask questions of Applicant that might provide information that could potentially be found on the video footage being subpoenaed by Applicant and ?nally Applicant?s counsel argues that the request for sanctions under Labor Code 5813 is unfounded because the objections raised by Applicant?s counsel were valid objections to an irrelevant line of inquiry that, if answered, could have allowed for privilege objections from third parties. Applicant builds their legal argument primarily on the back of two sources; California Code of Civil Procedure ?2017 010 and. Tyloi v. Superior Court (1997) 55 Cal. App. The quoted section of the Code of Civil Procedure in the Applicant?s motion refers to the scope of discovery under the Code and makes emphasis of the section that states ..appears reasonably calculated to lead to the discovery of admissible evidence.? ?2017.010) Applicant?s counsel fails to cite, or even mention, at any point California Labor Code 5708, which de?nes the scepe of evidentiary procedure and practice in the Workers? Compensation system in California and includes the following, . .they shall not be bound by the common law or statutory rules of evidence and (Lab. Code, 5708 (Deering).) While Applicant?s .2. Wm??m43mNH counsel is correct that perhaps there is an issue of relevancy under the California Code of Civil Procedure the California Labor Code is the prevailing code. Applicant?s counsel also relies on v. Superior Court (1997) 55 Cal. App. wherein a soap opera actress refused to answer certain questions regarding emotional distress in her marriage and attempts to get pregnant. Ms. Tylo was ultimately not ordered to answer certain questions that the court found to be too invasive for the matter at hand and that she had an expected right to privacy when it came to her marriage and her attempts at a family. However, this case is immaterial to this motion, for the same reasons that the California Code of Civil Procedure is immaterial. They are not determinative when it comes to cases appearing before a Workers" Compensation Judge, California Labor Code 5708 is- It has been the determination of even the California Supreme Court that the Workers? Compensation Appeals Board exists separate ?om the civil court system, ?As this court observed in French v. Risheii (1953) 40 Cal.2d 477, 481 [254 P.2d 26], the board "from its early days, has" been ?allowed to receive hearsay evidence and to proceed informally. . . (Recti?er v. Workers? Comp. Appeals Ed. (1971) 5 Ca1.3d 83, 95). Applicant has made no argument for Why the Defense Motion to Compel should be denied that is based on California Labor Code 5708. WHEREFORE, Defendant, COUNTY or ALAMEDA, PSI, respectfully requests that applicant be compelled to answer the question(s) at issue or in the alternative a deposition be set in front of a Workers? Compensation Judge. DATED: February 12, 2020 Respect?rlly submitted, LAUGHLIN, FALBO, LEVY MORESI LLP Susan N. Hastings Attorneys for Defendants COUNTY OF ALAMEDA, PSI, Adjusted by YORK RISK SERVICE GROUP, INC. - I am one of the attorneys for the defendant in this action. The. facts alleged in the above document are within my knowledge, and I make this veri?cation for that reason; the above document is true to my own knowledge, except as to the matters that are stated in it On information and belief, and as to those matters, I believe it to be true. I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed this 12th day of February, 2020 at Oakland, California. 642W Susan N. Hastings g?g??gi?di?igmmommammwo LAUGHLIN FALBO OAKLAND Shanj a Madison Wignrcom. 510?628-0496 CERTIFICATE OE SERVICE BY ML ALAN STRICKLAND v. COUNTY OF ALAMEDA, PSI, Adjusted by YORK RISK SERVICES GROUP, INC. WCAB CASE NO: ADJ12298405 I am over 18 years of age and not a party to the withinmentitled action. I am employed?at and my business address is LAUGHLIN, FALBO, LEVY MORESI LLP, One Capitol Mall, Suite 400, Sacramento, CA 95814. On this date, I served the following: DEFENDANTS ANSWER TO OPPOSITION TO MOTION TO COMPEL ANSWERS AT DEPOSITION OR ALTERNATIVELY TO SET DEPOSITION BEFORE A COMPENSATION JUDGE by placing a true copy thereof enclosed in a sealed envelope with postage prepaid in the United States mail at Concord, California, addressed as shown below. Workers? Compensation Appeals Board [Via E~Filfng Only] 1515 Clay Street, 6th Floor Oakland, CA 9461?. Laura Dominguez York Risk Services Group, Inc. PO. Box 619079 Roseville, CA 95 661 (Claim No: John R. I-Iolstedt, Esq. Mastagni, Holstedt, Amick, Miller Johnson 1912 I Street Sacramento, CA 95811-3151 oscwest orkrs .com I declare under penalty of perjury that the foregoing is true and correct. Executed at Concord, California on February 12, 2020. Yolanda Kirk