2010 04 27 Yelm First Interogatories to Smith_Page_01I Hon. Thomas McPhee
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IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
7 THURSTON COUNTY
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9 ANDREW J. SMITH and CYNTHIA M.
SMITH, husband and wife,
10 No. 09 -2- 02879 -3
11 Plaintiffs,
12 VS. DEFENDANTS YELM AND BECK'S
FIRST INTERROGATORIES AND
THE CITY OF YELM, a municipal REQUESTS FOR PRODUCTION TO
13 corporation; GRANT BECK; STEVE PLAINTIFFS
CHAMBERLAIN; FH1 LLC, a Washington
14 corporation; DAN LEE, TRIANCE GROUP,
INC, d/b /a TRIANCE HOMES, a Washington
15 corporation and a licensed Washington
construction contractor; STATE FARM FIRE
16 & CASUALTY CO., Bond No. 98GD85307;
MAUREEN NIELAND; VANDORM
17 REALTY; a Washington corporation.
18 Defendants.
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20 TO: Andrew J. Smith and Cynthia M. Smith, Plaintiffs.
21 AND TO: Ben D. Cushman, attorney for Plaintiffs.
22 Pursuant to CR 26, 33 and 34, you have been served with the original interrogatories
23 and requests for production.
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DEFENDANTS YELM AND BECK'S
FIRST INTERROGATORIES AND REQUESTS
FOR PRODUCTION TO PLAINTIFFS - I
MORRIS & TARADAY, P.C.'
P.O. Box 948, 7223 Seawitch Lane N.W.,
Seabeck, WA 98380 -0948
Tel. 360- 830 -0328 • Fax 360- 850 -1099
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INSTRUCTIONS
A. Due Date. Pursuant to CR 26, 33 and 34, you are directed to provide a written
11 response to these Discovery Requests and to produce and make available for inspection and
copying all of the original documents requested herein at the offices of Morris & Taraday, P.C.,
1319 Dexter Avenue N., #030, Seattle, WA 98109, within thirty (30) days after service upon
II you, or at such other time and place as made mutually agreed upon by the parties. The requests
II for documents cover all documents in your possession, custody or control, including, without
11 limitation, documents in storage and documents held by agents, attorneys, or other persons on
your behalf and subject to your control. In case of any ambiguity as to whether a document is
called for by these requests, any such document is to be produced.
B. Objections. If any document is withheld under a claim of privilege, please:
1. Identify any such document with sufficient particularity as to author(s),
addressee(s), recipient(s) and subject matter and contents to allow the matter to be brought
before the Court;
2. State the nature of the privilege(s) asserted; and
3. State in detail the factual basis for the claim of privilege.
C. Requirement to supplement. These requests for production of documents are
continuing in nature within the meaning of CR 26(e).
D. Document delivery. Deliver each document produced in a manner which
preserves its sequential relationship with other documents being produced, including the file
folder and folder tab associated with its file location, and if not apparent on the folder tab,
accompanied by identification or the person or department from whose files it was taken and
DEFENDANTS YELM AND BECK'S MORRIS & T A R A D A Y, P. C.
FIRST INTERROGATORIES AND REQUESTS
FOR PRODUCTION TO PLAINTIFFS - 2 P.O. Box 948, 7223 Seawitch Lane N.W.,
Seabeck, WA 98380 -0948
Tel. 360- 830 -0328 • Fax 360- 850 -1099
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such additional source information as is necessary to enable the parties to determine the
document's original pre - production location. When documents are produced pursuant to these
Discovery Requests, the documents are to be produced in a manner so that the discovery
request to which they are responsive can be readily identified.
E. Missing documents. If a document called for by a request is known to have
existed, but cannot be located now, identify the document and state the following:
1. Whether the missing document has been in your possession, custody or control;
2. Where the missing document was last known to be and the date when the
document was last known to be in such location;
3. In whose possession, custody or control, a copy of such document may be
found; or
4. Where applicable, whether the document has been destroyed.
F. Deleted documents. Emails and other documents may appear to have been
"deleted" from a desktop; however, they are not necessarily irretrievable. Therefore, please
confirm that you have searched for evidence on hard drives, networks, back up tapes, or from
whatever other data storage method may apply.
G. Sources of documents. These Discovery Requests cover documents that may be
stored on any electronic /computer media, including, but not limited to, stand alone computers,
laptops, networks, personal digital assistants, cellular telephones, voicemail systems,
"Blackberry" devices, and such other electronic storage media as may be within your control,
that of your attorneys, or that of your agents.
DEFENDANTS YELM AND BECK'S
FIRST INTERROGATORIES AND REQUESTS
FOR PRODUCTION TO PLAINTIFFS - 3
MORRIS & TARADAY, P.C.
P.O. Box 948, 7223 Seawitch Lane N.W.,
Seabeck, WA 98380 -0948
Tel. 360- 830 -0328 • Fax 360- 850 -1099
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DEFINITIONS
Unless conclusively negated by the context of the question, the following is to be
11 considered applicable to all questions contained in this set of written interrogatories and
11 requests for production:
1. The singular number and the masculine gender as used herein shall embrace,
II and be read as applied as, the plural or the feminine or the neuter, as the circumstances may
make appropriate.
2. The word "person" includes the plural as well as the singular and includes any
natural person, proprietorships, sole proprietorships, corporations, non - profit corporations,
municipal corporations, professional service corporations, limited liability companies, local,
state, federal or foreign governments, or governmental agencies, political subdivisions, general
or limited partnerships, business trusts, trusts, estates, clubs, groups, unincorporated
associations or other business or public organizations.
3. Each interrogatory is intended to, and does, request that each and every
particular and part thereof be answered with the same force and effect as if each part and
particular were the subject of and were asked by a separate interrogatory.
4. The terms "document" and/or "writing" mean and include, but are not limited to,
all written and graphic matter, however produced, or reproduced of every kind and description
in your actual or constructive possession, custody care or control. This includes the complete
original (or complete copy if the original is not available) and each non - identical copy
regardless of origin or location. "Document" is intended to have the same meaning as in CR
34, including, but not limited to: writings, correspondence, electronic mail (e -mail) messages
DEFENDANTS YELM AND BECK'S MORRIS & TARADAY, P.C.
FIRST INTERROGATORIES AND REQUESTS
FOR PRODUCTION TO PLAINTIFFS - 4 P.O. Box 948, 7223 Seawitch lane N.W.,
Seabeck, WA 98380-0948
Tel. 360- 830 -0328 • Fax 360 - 850 -1099
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internet messages, web pages, voicemails, information on handheld digital assistants,
facsimiles, books, pamphlets, periodicals, reports, blueprints, sketches, laser disks, magnetic
disks, magnetic strips, microfiche, invoices, statements, minutes, purchase orders, contracts,
vouchers, checks, charge slips, expense account reports, hotel charges, receipts, working
papers, memoranda, messages, notes, envelopes, business records, financial statements,
11 agreements, leases, drawings, graphs, charts, drafts, maps, surveys, plats, statistical records,
cost sheets, calendars, appointment books, diaries, timesheets or logs, telephone records or
logs, facsimile logs, photographs, sound tapes or sound recordings, films, tapes, computer
printouts and any other data, including, without limitation, data stored electronically or by other
technical means for use with computers or otherwise from which information can be obtained
or translated through detection devices into reasonably usable form, or any other tangible thing
that constitutes or contains matters contained within the scope of CR 26(b). "Document" also
refers to all computer data (as defined below).
5. "Computer data," as used herein, means any and all data or information
contained or stored in a computerized format and/or maintained on computer equipment of any
kind or nature, including but not limited to, (a) disks, computer tapes, and information stored
on a hard drive, (b) a detailed description of data stored on computer hard drive(s), disks, or
media of any type including any type of storage media and size of data file, (c) a detailed
description of how such data is maintained, (d) the software program and version utilized for
the creation, data collection, and/or maintenance of such data, and (e) hard copy printouts of the
data.
DEFENDANTS YELM AND BECK'S
FIRST INTERROGATORIES AND REQUESTS
FOR PRODUCTION TO PLAINTIFFS - 5
MORRIS & TARADAY, P.C.
P.O. Box 948, 7223 Seawitch Lane N.W.,
Seabeck, WA 98380-0948
Tel. 360- 830 -0328 • Fax 360- 850 -1099
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6. Whenever you are asked to identify any document or writing, state with respect
to each such document in writing:
(a) The date it bears and the date it was prepared;
(b) The identity of the author and/or originator;
(c) The identity of each addressee;
(d) The nature and substance thereof;
(e) The identity of the present custodian thereof,
(f) The present location of the document; and
(g) Whether you will provide a copy thereof without further request.
7. Whenever you are asked to identify or describe an oral communication or
conversation, state with respect thereto;
(a) The date and place thereof and whether it was by person or by telephone;
(b) The identity of each person who participated in or heard any part of the
communication;
(c) The substance of what was said by each person who participated therein;
(d) The identity of any document that recorded, summarized or confirmed
the oral communication.
person;
8. Whenever you are asked to identify any person, state with respect to such
(a) The person's name;
(b) Such person's last known business address and telephone number;
(c) Such person's last known residence address and telephone number;
DEFENDANTS YELM AND BECK'S
FIRST INTERROGATORIES AND REQUESTS MORRIS $ T A R A D A Y, P. C.
FOR PRODUCTION TO PLAINTIFFS - 6 P.O. Box 948, 7223 Seawitch Lane N.W.,
Seabeck, WA 98380-0948
Tel. 360- 830 -0328 • Fax 360- 850 -1099
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(d) Such persons present occupation and business affiliation at the time to
which your answer relates.
9. "The Premises" means the "lot" referenced by plaintiffs at line 22, p. 3 of the
First Amended Complaint and 10756 Palisades Street, Yelm, Washington, or "lot 15," as
referenced by the plaintiffs at line 12, p. 4 of the First Amended Complaint.
Defendants will object to the introduction of testimony on any issue covered by these
11 interrogatories and requests for production unless the information requested herein is furnished
by answer at least sixty (60) days prior to trial.
INTERROGATORIES AND REQUESTS FOR PRODUCTION
Please read the foregoing definitions before answering these interrogatories.
Interrogatory No. 1: Identify each person(s) who participated in drafting answers to
these interrogatories, and for each person listed, indicate the specific interrogatory or
interrogatories for which the person(s) furnished the information.
ANSWER:
Request for Production No. 1. Produce all documents, writings, communications and
computer data relating to the plaintiffs' purchase of the Premises. This includes the purchase
and sale agreement for the lot, the purchase and sale agreement for construction of the home on
the Premises, all amendments and addenda thereto, seller disclosures, title report, appraisal,
inspection report, and all documents obtained by the plaintiffs as part of their due diligence.
RESPONSE:
DEFENDANTS YELM AND BECK'S
FIRST INTERROGATORIES AND REQUESTS
FOR PRODUCTION TO PLAINTIFFS - 7
MORRIS & TARADAY, P.C.
P.O. Box 948, 7223 Seawitch Lane N.W.,
Seabeck, WA 98380 -0948
Tel. 360- 830 -0328 • Fax 360- 850 -1099
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Interrogatory No. 2. In the First Amended Complaint, line 22 -26 of page 3, plaintiffs
make the statements that the plaintiffs purchased the Premises "based on the representation that
the lot was developable, that their general home design could be built on the lot and that the
home could be legally occupied when built. These representations were made by Steve
Chamberlain through Maureen Nieland. Maureen Nieland specifically assured the Smiths that
the property was as represented." With respect to these statements, please state the following:
(a) Each and every relevant fact on which you rely in making the above - described
allegations;
(b) Identify with sufficient particularity each and every record, drawing,
photograph, videotape, document or other record of any kind which contains information or
evidence concerning your answer to this interrogatory.
ANSWER:
Request for Production No. 2. Produce all documents containing information to which
the preceding interrogatory refers.
RESPONSE:
Request for Production No 3 Produce all reports, assessments and information
requested, commissioned or obtained by the plaintiffs prior to purchase or prior to closing on
the Premises, which relate to the value of the Premises, the condition of the Premises, including
but not limited to, the lack of any water to the Premises.
RESPONSE:
DEFENDANTS YELM AND BECK'S
'IRST INTERROGATORIES AND REQUESTS
?OR PRODUCTION TO PLAINTIFFS - 8
MORRIS & TARADAY, P.C.
P.O. Box 948, 7223 Seawitch Lane N.W.,
Seabeck, WA 98380 -0948
Tel. 360- 830 -0328 • Fax 360- 850 -1099
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Request for Production No. 4. Produce all records relating to the plaintiffs' application
for and acquisition of loans or other debt for purposes of purchasing the Premises and
construction of the home on the Premises.
RESPONSE:
Request for Production No. 5. Produce all photographs and videos in their native
format showing the Premises, and conditions thereon.
RESPONSE:
Request for Production No 6. Produce all documents, writings, computer data, reports,
letters, a -mails or other communications from any of the defendants to the plaintiffs regarding
the Premises, including but not limited to conditions thereon, its acquisition, development,
submission of permit applications to the City of Yelm, performance of plat conditions and its
economic value.
RESPONSE:
Interro atom. When did the plaintiffs identify themselves to anyone at the City
(including any City officer, official, employee or agent) as the owner of the house identified in
the building permit for the Premises?
ANSWER:
Request for Production No 7 Produce all documents, writings, computer data or
,ommunications between the plaintiffs and the City (including any City officer, official,
DEFENDANTS YELM AND BECK'S
FIRST INTERROGATORIES AND REQUESTS
FOR PRODUCTION TO PLAINTIFFS - 9
MORRIS & TARADAY, P.C.
P.O. Box 948, 7223 Seawitch Lane N.W.,
Seabeck, WA 98380 -0948
Tel. 360- 830 -0328 • Fax 360- 850 -1099
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employee or agent), in which the Smiths identified themselves as the owner of the house
identified in the building permit for the Premises.
RESPONSE:
Interrogatory No. 4. When did the Smiths, or any person known to the Smiths, inform
the City (including any City officer, official, employee or agent) of the date that the plaintiffs
intended or contracted to occupy the house constructed on the Premises?
ANSWER:
Request for Production No 8 Produce all documents, writings, computer data or
communications between the plaintiffs and the City (including any City officer, official,
employee or agent), in which the plaintiffs, or any other person known to the plaintiffs,
informed the City of the date that the plaintiffs contracted or intended to occupy the residence
on the Premises.
RESPONSE:
Request for Production No 9 Produce plaintiffs' federal income tax records for the
2009 tax year, including all forms, supplemental documents and schedules relating thereto.
RESPONSE:
Interrogatory No. 5. In plaintiffs' First Amended Complaint, In. 17 -18, p. 7, the
)laintiffs allege that "Grant Beck used the services of the City's attorney to further a personal
vendetta against Steve Chamberlain by fabricating obstacles in order to prevent the Smiths
DEFENDANTS YELM AND BECK'S
`IRST INTERROGATORIES AND REQUESTS MORRIS & T A R A D A Y, r. c.
'OR PRODUCTION TO PLAINTIFFS - 10 P.O. Box 948, 7223 Seawitch Lane N.W.,
Seabeck, WA 983800948
Tel. 360- 830 -0328 • Fax 360- 850 -1099
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from occupying their home in the hope that this would expose Steve Chamberlain to liability."
With respect to this allegation, please state the following:
(a) Each and every relevant fact on which you rely in making the above - described
allegation(s).
(b) Name, address and phone number of each person having knowledge of the facts
of your answer to subpart (a) above.
(c) Identify with sufficient particularity each and every record, drawing,
photograph, videotape, document or other record of any kind which contains information or
evidence concerning your answer to this interrogatory.
ANSWER:
Request for Production No. 10 Produce all documents, writings, or other
communications which support the plaintiffs' answer to Interrogatory No. 5 above.
RESPONSE:
Request for Production No 11 In plaintiffs' First Amended Complaint, In. 20, p. 8, the
plaintiffs claim that because the residence they were renting was sold, "they had to commit to
another one -year rental on a different house." Produce all documents, writings or other
communications which relate to the plaintiffs' lease of both residences, including the lease
agreement.
RESPONSE:
Interrogatory No. 6. In plaintiffs' First Amended Complaint, paragraph 4.4, the
plaintiffs assert that the City is required to install the water booster pump and sewer pressure
relief valve. According to the plaintiff, the City's failure to do so is a "breach of contract."
With respect to this allegation, please state the following:
DEFENDANTS YELM AND BECK'S
FIRST INTERROGATORIES AND REQUESTS
FOR PRODUCTION TO PLAINTIFFS - I 1
MORRIS & TARADAY, P.C.
P.O. Box 948, 7223 Seawitch Lane N.W.,
Seabeck, WA 98380-0948
Tel. 360.830 -0328 • Fax 360- 850 -1099
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Request for Production No 13. Produce any and all documents containing information
to which the preceding interrogatory refers.
RESPONSE:
Interrro atory No. 8. In plaintiffs' First Amended Complaint, the plaintiffs allege that
the City issued a building permit which "violated the plat conditions." With respect to this
allegation, please state the following:
(a) Identify all documents, writings or other communications which demonstrate
that plaintiffs' timely appealed issuance of this building permit.
(b) If the plaintiffs did not timely appeal issuance of the building permit, state why
not.
ANSWER:
Request for Production No 14 Produce any and all documents containing information
to which the preceding interrogatory refers.
RESPONSE:
Interrogatory No 9 In plaintiffs' First Amended Complaint, paragraph 4.6, the
plaintiffs allege that Grant Beck "may have acted outside the scope of his authority in his
intentional handling of this matter with the personal goal of depriving the Smiths of their
property." With respect to this allegation, please state the following:
(a) Identify each and every relevant fact on which you rely in making the above -
iescribed allegations.
DEFENDANTS YELM AND BECK'S
FIRST INTERROGATORIES AND REQUESTS
FOR PRODUCTION TO PLAINTIFFS - 13
MORRIS & TARADAY, P.C.
P.O. Box 948, 7223 Seawitch Lane N.W.,
Seabeck, WA 98380-0948
Tel. 360- 830 -0328 • Fax 360- 850 -1099
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(b) Name, address and telephone number of each person having knowledge of the
facts of your answer to subpart (a) above.
(c) Identify with sufficient particularity each and every record, drawing,
photograph, videotape, document, or other record of any kind which contains information or
evidence concerning your answer to this interrogatory.
ANSWER:
Request for Production No. 15. Produce any and all documents containing information
to which the preceding interrogatory refers.
RESPONSE:
Interrogatory No. 10. Furnish the name, current address, telephone number, occupation,
job designation and present location of any person known to you or your attorneys as having
knowledge of the relevant facts pertaining to the above - entitled case. This request is intended
to include all witnesses known to you or to your attorneys.
ANSWER:
Interrogatory No. 11. If you or your attorneys expect to call any person as an expert
witness at trial, please indicate as to each such person:
(a) The name, occupation, title, business address and area of specialization, if any;
DEFENDANTS YELM AND BECK'S
FIRST INTERROGATORIES AND REQUESTS
FOR PRODUCTION TO PLAINTIFFS - 14
MORRIS $ TARADAY, P.C.
P.O. Box 948, 7223 Seawitch Lane N.W.,
Seabeck, WA 98380 -0948
Tel. 360- 830.0328 • Fax 360 - 850 -1099
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(a) Identify this "contract" and produce all documents, writings or other
communications which relate to this allegation, showing that the City was required to take such
action.
(b) Identify each and every relevant fact on which you rely in making the above -
described allegations.
(c) Name, address and phone number of each person having knowledge of the facts
of your answer to subpart (a) and (b) above.
ANSWER:
Request for Production No 12 Produce any and all documents containing information
to which the preceding interrogatory refers.
RESPONSE:
Interrogatory No. 7. In plaintiffs' First Amended Complaint, paragraph 4.5, the
plaintiffs assert that the City issued a building permit which had their name on it, and which
"violated the plat conditions." With respect to this allegation, please state the following:
(a) Identify each and every relevant fact on which you rely in making the assertion
that the building permit "violated the plat conditions."
(b) Name, address and phone number of each person having knowledge of the facts
of your answer to subpart (a).
(c) Identify with sufficient particularity each and every record, drawing,
photograph, videotape, document or other record of any kind which contains information or
evidence concerning your answer to this interrogatory.
ANSWER:
DEFENDANTS YELM AND BECK'S
FIRST INTERROGATORIES AND REQUESTS
FOR PRODUCTION TO PLAINTIFFS - 12
MORRIS & TARADAY, P.C.
P.O. Box 948, 7223 Seawitch Lane N.W.,
Seabeck, WA 98380 -0948
Tel. 360- 830 -0328 • Fax 360- 850 -1099
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(b) The substance of any opinion to which the plaintiffs expect any such person to
testify and the data on which his or her opinions are based.
ANSWER:
Request for Production No. 16. For each expert listed in response to the preceding
interrogatory, please produce:
(a) Copies of each and every report provided to you or your attorneys;
(b) Produce the expert's entire file(s), including all documents, or provide us with a
list of all documents, that you or your attorneys have provided to your experts; and
(c) A current Curriculum Vitae.
RESPONSE:
Interrogatory No. 12. For each discussion that you have had with any official, officer,
employee or agent of the City of Yelm, including Grant Beck, concerning the plat, plat
amendment, building permit or any other issue relating to the allegations in the First Amended
Complaint, set forth the following:
(a) Date of the discussion;
(b) Names of those participating in the discussion;
(c) Location of the discussion;
(d) Length of the discussion;
(e) A statement describing the specific contents of the discussion and information
conveyed by each party for each discussion identified; and
(f) A description of each document which supports your responses to it.
DEFENDANTS YELM AND BECK'S
FIRST INTERROGATORIES AND REQUESTS MORRIS & T A R A D A Y, P. C.
FOR PRODUCTION TO PLAINTIFFS - 15 P.O. Box 948, 7223 Seawitch Lane N.W.
Seabeck, WA 98380 -0948
Tel. 360- 830 -0328 • Fax 360- 850 -1099
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ANSWER:
Request for Production No. 17. Produce each and every document identified in
response to the preceding interrogatory.
RESPONSE:
Interrogatory No. 13. With respect to each visit that you made to the Premises and /or
each inspection that you made of the Premises prior to the closing of the purchase of the lot and
execution of the agreement for construction of a house on the Premises, set forth the following:
(a) Date of the visit and /or inspection;
(b) Names and addresses of each person present when you visited and /or inspected
the property;
(c) The amount of time you spent visiting and /or inspecting the property;
(d) A statement describing your visit to the property and /or your inspection of the
property including the specific portions of the property visited and /or inspected and the specific
observations made by you for each visit and /or inspection identified; and
(e) A description of each document which supports your responses to subparts a -d
above.
ANSWER:
DEFENDANTS YELM AND BECK'S
FIRST INTERROGATORIES AND REQUESTS
FOR PRODUCTION TO PLAINTIFFS - 16
MORRIS & TARADAY, P.C.
P.O. Box 948, 7223 Seawitch Lane N.W.
Seabeck, WA 98380 -0948
Tel. 360- 830 -0328 • Fax 360- 850 -1099
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Request for Production No. 18 Produce each and every document identified in
response to the preceding interrogatory.
RESPONSE:
Interrogatory No. 14. Has a water booster pump and storage tank been installed on the
Premises in the garage of the house?
ANSWER:
Interrogatory No. 15 Set for with particularity each and every element of damages
incurred by you as a result of the events alleged in your First Amended Complaint. Set forth
the amount of damage and the method used to compute the damages.
ANSWER:
Request for Production No 19 Produce legible copies of each and every document that
supports or relates to your alleged damages.
RESPONSE:
Request for Production No 20 Produce legible copies of all your files and documents
)n or relating to the allegations in the First Amended Complaint, including, but not limited to,
he real estate transaction, building permit, alleged plat violation, allegations of "personal
DEFENDANTS YELM AND BECK'S
IRST INTERROGATORIES AND REQUESTS MORRIS & T A R A D A Y, P. C.
?OR PRODUCTION TO PLAINTIFFS - 17 P.O. Box 948, 7223 Seawitch Lane N.W.,
Seabeck, WA 98380 -0948
Tel. 360- 830 -0328 • Fax 360.850 -1099
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vendettas," etc., breaches of duty, including, but not limited to, each and every document,
electronic document, or recording, all correspondence, e-mail, memoranda, diary, appraisals,
notes, photographs, diagrams, drawings, business records, bill, invoices, statements, purchase
money agreements, checks, loan applications, title reports, offers, counteroffers, evaluations,
findings and or recommendations by governmental agencies, or other documentation relating to
the negotiations to purchase the Premises or to rent the home(s) that the plaintiffs occupied
while the house on the Premises was being constructed, or to rent the home the plaintiffs
currently occupy, including all escrow documents, financial documents, brochures and flyers
relative to the purchase of the Premises, as it relates to all allegations in the First Amended
Complaint.
RESPONSE:
Interrogatory No. 16. Do the plaintiffs claim any damages that have not been identified
in the foregoing answers to the Interrogatories and Requests for Production?
ANSWER:
Request for Production No. 21. Produce any and all documents relating to the above
Interrogatory, and any other documents containing information referenced in the foregoing
Interrogatories which have not been requested elsewhere.
RESPONSE:
DEFENDANTS YELM AND BECK'S
FIRST INTERROGATORIES AND REQUESTS
FOR PRODUCTION TO PLAINTIFFS - 18
MORRIS & TARADAY, P.C.
P.O. Box 948, 7223 Seawitch Lane N.W.,
Seabeck, WA 983840948
Tel. 360- 830 -0328 • Fax 360- 850 -1099
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Dated this 'day of k, 2010.
MORRIS & TARADAY, P.C.
Carol A. Morris, WSBA # 19241
Atto ey for City of Yelm and Grant Beck
P.O. ox 948
7223 Seawitch Lane N.W.
(360) 830 -0328
The undersigned attorney for plaintiffs has read the foregoing
answers /responses /objections to the interrogatories and requests for production and they are in
compliance with Fed. Civ. Pro. 26(g).
DATED:
C
Ben Cushman, WSBA #26358
Attorneys for Plaintiff
CERTIFICATION
STATE OF WASHINGTON)
ss.
COUNTY OF )
Andrew J. Smith, being first duly sworn on oath, deposes and states as follows:
That I am the plaintiff in the above action and I have read the foregoing Answers to
Interrogatories and Responses to the Requests for Production, that I know the contents thereof
ind believe the same to be true and complete.
ANSWERS and OBJECTIONS dated this
:onformance with CR 26(g).
DEFENDANTS YELM AND BECK'S
FIRST INTERROGATORIES AND REQUESTS
FOR PRODUCTION TO PLAINTIFFS - 19
day of
2010, in
MORRIS & TARADAY, P.C.
P.O. Box 948, 7223 Seawitch Lane N.W.,
Seabeck, WA 98380 -0948
Tel. 360- 830 -0328 • Fax 360- 850 -1099
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ANDREW J. SMITH
SUBSCRIBED AND SWORN TO before me this day of , 2010.
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
CERTIFICATION
STATE OF WASHINGTON)
ss.
COUNTY OF )
Cynthia M. Smith, being first duly sworn on oath, deposes and states as follows:
That I am the plaintiff in the above action and I have read the foregoing Answers to
Interrogatories and Responses to the Requests for Production, that I know the contents thereof
and believe the same to be true and complete.
ANSWERS and OBJECTIONS dated this day of 2010 in
conformance with CR 26(g). '
CYNTHIA M. SMITH
SUBSCRIBED AND SWORN TO before me this _ day of
DEFENDANTS YELM AND BECK'S
FIRST INTERROGATORIES AND REQUESTS
FOR PRODUCTION TO PLAINTIFFS - 20
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires
MORRIS & TARADAY, P.C.
P.O. Box 948, 7223 Seawitch Lane N.W.,
Seabeck, WA 98380-0948
Tel. 360- 830 -0328 • Fax 360- 850 -1099
2010.
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DECLARATION OF SERVICE
The undersigned declares, under penalty of perjury under the laws of the State of
Washington, that on the below date, I caused service, via legal messenger and /or U.S. Mail of
the foregoing pleading on each and every attorney of record herein:
Ben Cushman
Cushman Law Offices
924 Capital Way South
Olympia, WA 98501
Douglas Dunham
Crane Dunham
800 Fifth Ave, Suite 4000
Seattle, WA 98104
Richard Ditlevson
Ditlevson Rodgers Dixon
324 West Bay Drive N.W., Suite 201
Olympia, WA 98502
Michelle Corsi
Lee Smart
1800 One Convention Place
701 Pike Street
Seattle, WA 98101
DATED this 27`h day of April, 2010, at Seabeck, WA.
CAROL A. ORRIS
3EFENDANTS YELM AND BECK'S
-IRST INTERROGATORIES AND REQUESTS
?OR PRODUCTION TO PLAINTIFFS - 21
MORRIS & TARADAY, P.C.
P.O. Box 948, 7223 Seawitch Lane N.W.,
Seabeck, WA 98380 -0948
Tel. 360- 830 -0328 • Fax 360- 850 -1099