American LegalNet, Inc.www.FormsWorkflow.com DISC-002 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):FAX NO. (Optional):TELEPHONE NO.:E-MAIL ADDRESS (Optional):ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF SHORT TITLE: CASE NUMBER:FORM INTERROGATORIES 226 EMPLOYMENT LAWAsking Party:Answering Party:Set No.:Sec. 2. Instructions to the Asking PartyI declare under penalty of perjury under the laws of the State of California that the foregoing answers are true and correct.(e) Additional interrogatories may be attached.(DATE)(SIGNATURE)Sec. 3. Instructions to the Answering PartyPage 1 of 8 Code of Civil Procedure, 247247 2030.0102262030.410, 2033.710www.courtinfo.ca.govFORM INTERROGATORIES226EMPLOYMENT LAWForm Approved for Optional Use Judicial Council of California DISC-002 [Rev. January 1, 2009]Sec. 1. Instructions to All Parties (a) Interrogatories are written questions prepared by a party to an action that are sent to any other party in the action to be answered under oath. The interrogatories below are form interrogatories approved for use in employment cases.For time limitations, requirements for service on other parties,and other details, see Code of Civil Procedure sections 2030.0102262030.410 and the cases construing those sections.(b)These form interrogatories do not change existing law relatingto interrogatories nor do they affect an answering party222s right to assert any privilege or make any objection.(c)These form interrogatories are designed for optional use byparties in employment cases. (Separate sets of interrogatories, Form Interrogatories227General (form DISC-001) and Form Interrogatories227Limited Civil Cases (Economic Litigation) (form DISC-004) may alsobe used where applicable in employment cases.)(a)Insert the names of the EMPLOYEE and EMPLOYER towhom these interrogatories apply in the definitions in sections4(d) and (e) below.(b)Check the box next to each interrogatory that you want the answering party to answer. Use care in choosing thoseinterrogatories that are applicable to the case.(c)The interrogatories in section 211.0, Loss ofIncome Interrogatories to Employer, should not be used until the employer has had a reasonable opportunity to conduct an investigation or discovery of the employee222sinjuries and damages.(d)You must answer or provide another appropriate response toeach interrogatory that has been checked below.(a)As a general rule, within 30 days after you are served withthese interrogatories, you must serve your responses on the asking party and serve copies of your responses on all other parties to the action who have appeared. See Code of Civil Procedure sections 2030.2602262030.270 for details.(b)Each answer must be as complete and straightforwardas the information reasonably available to you permits. If an interrogatory cannot be answered completely,answer it to the extent possible.(c)If you do not have enough personal knowledge to fullyanswer an interrogatory, say so, but make a reasonable and good faith effort to get the information by asking other persons or organizations, unless the information isequally available to the asking party.(d)Whenever an interrogatory may be answered byreferring to a document, the document may be attached as an exhibit to the response and referred to in the response. If the document has more than one page, refer to the page and section where the answer to the interrogatory can be found.(e)(f)Whenever an address and telephone number for thesame person are requested in more than one interrogatory, you are required to furnish them in answering only the first interrogatory asking for that information.If you are asserting a privilege or making an objection toan interrogatory, you must specifically assert theprivilege or state the objection in your written response.(g)Your answers to these interrogatories must be verified,dated, and signed. You may wish to use the followingform at the end of your answers:(h)Sec. 4. Definitions Words in BOLDFACE CAPITALS in these interrogatoriesare defined as follows:PERSON includes a natural person, firm, association,organization, partnership, business, trust, limited liability company, corporation, or public entity.(a) (b) YOU OR ANYONE ACTING ON YOUR BEHALF includesCONTENTS200.0 Contract Formation(c) EMPLOYMENT means a relationship in which an201.0 Adverse Employment Action202.0 Discrimination Interrogatories to Employee 203.0 Harassment Interrogatories to Employee204.0 Disability Discrimination(d) EMPLOYEE means a PERSON who provides services in anEMPLOYMENT relationship and who is a party to this lawsuit. For purposes of these interrogatories, EMPLOYEE refers to (insert name):205.0 Discharge in Violation of Public Policy 206.0 Defamation 207.0 Internal Complaints208.0 Governmental Complaints(If no name is inserted, EMPLOYEE means all such PERSONS.)210.0 Loss of income Interrogatories to Employee211.0 Loss of income Interrogatories to Employer(e) EMPLOYER means a PERSON who employs anEMPLOYEE to provide services in an EMPLOYMENT relationship and who is a party to this lawsuit. For purposes of these interrogatories, EMPLOYER refers to (insert name):212.0 Physical, Mental, or Emotional Injuries?213.0 Other Damages Interrogatories to Employee 214.0 Insurance215.0 Investigation(If no name is inserted, EMPLOYER means all such PERSONS.)216.0 Denials and Special or Affirmative Defenses 217.0 Response to Request for Admissions(f) ADVERSE EMPLOYMENT ACTION means anyTERMINATION, suspension, demotion, reprimand, loss of pay, failure or refusal to hire, failure or refusal to promote, or other action or failure to act that adversely affects the EMPLOYEE?S rights or interests and which is alleged in the PLEADINGS.200.0 Contract Formation 200.1 Do you contend that the EMPLOYMENT relationship was at ?at will?? If so:(a) state all facts upon which you base this contention;(g) TERMINATION means the actual or constructive termination(b)(c)(h) PUBLISH means to communicate orally or in writing toidentify all DOCUMENTS that support your contention.(i) PLEADINGS means the original or most recent amendedversion of any complaint, answer, cross-complaint, or answer to cross-complaint.(a) state all facts upon which you base this contention; (j) BENEFIT means any benefit from an EMPLOYER, including(b)(c)identify all DOCUMENTS that support your contention.(k) HEALTH CARE PROVIDER includes any PERSON referredto in Code of Civil Procedure section 667.7(e)(3).(l) DOCUMENT means a writing, as defined in Evidence Code200.3 Do you contend that the EMPLOYMENT relationship was governed by any agreement?written, oral, or implied? If so:section 250, and includes the original or a copy of handwriting, typewriting, printing, photostats, photographs, electronically stored information, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them.(a) state all facts upon which you base this contention; (b)(m) ADDRESS means the street address, including the city, state, and zip code.(c)identify all DOCUMENTS that support your contention. DISC-002 [Rev. January 1, 2009]FORM INTERROGATORIES?EMPLOYMENT LAWPage 2 of 8you, your agents, your employees, your insurance companies, their agents, their employees, your attorneys, your accountants, your investigators, and anyone else actingon your behalf.EMPLOYEE provides services requested by or on behalf of an EMPLOYER, other than an independent contractorrelationship.of employment and includes a discharge, firing, layoff, resignation, or completion of the term of the employmentagreement.anyone other than the plaintiff. This includes communications by one of the defendant?s employees to others. (Kelly v.General Telephone Co. (1982) 136 Cal.App.3d 278, 284.)an ?employee welfare benefit plan? or employee pension benefit plan? within the meaning of Title 29 United StatesCode section 1002(1) or (2) or ERISA.Sec. 5. Interrogatories The following interrogatories for employment law cases have been approved by the Judicial Council under Code of Civil Procedure section 2033.710:209.0 Other