11/16/2017 1:46 PM 17CV10996

Transcription

1 //0 : PM CV0 IN THE CIRCUIT COURT FOR THE STATE OF OREGON FOR THE COUNTY OF TILLAMOOK 0 WILLIAM B. WALTON, an individual, JAMES JEFFERSON WALTON, JR, an individual, and VICTORIA K. WALTON, an individual, v. Plaintiffs, NESKOWIN REGIONAL SANITARY AUTHORITY, Defendant. CASE NO. CV0 PLAINTIFFS OBJECTIONS AND RESPONSES TO DEFENDANT S SECOND REQUEST FOR ADMISSIONS 0 TO: DEFENDANT NESKOWIN REGIONAL SANITARY AUTHORITY, by and through its attorney, John A. Wolf, Law Offices of Speer Hoyt LLC, Oak St., Suite 00, Eugene, OR 0. In response to Defendant, Neskowin Regional Sanitary Authority s (hereinafter Defendant or NRSA ) Second Request for Admissions, Plaintiffs William B. Walton, James Jefferson Walton, Jr. and Victoria K. Walton (hereinafter Plaintiffs ) hereby collectively object and respond as follows: GENERAL OBJECTIONS AND CONDITIONS. Plaintiffs object to any request, definition or instruction that imposes obligations beyond those specified by applicable law, including the Oregon Rules of Civil Procedure.. Plaintiffs object to each and every request to the extent that it calls for responses subject to attorney-client privilege, work product doctrine, or any other applicable privilege or immunity.. In providing these responses, Plaintiffs do not concede to the relevancy or materiality of PAGE - PLAINTIFFS OBJECTIONS AND RESPONSES TO DEFENDANT S SECOND REQUEST FOR ADMISSIONS PO BOX 0 SALEM OR 0-00 TEL: (0) -00

2 0 the questions or subjects to which the questions pertain. Plaintiffs responses are made subject to, and without waiving or intending to waive, any questions or objections as to the competency, relevancy, materiality, privilege, admissibility as evidence, or use for any other purpose for the information provided or the subject matter thereof.. Plaintiffs responses herein are based on information presently known, after reasonable inquiry, and are given without prejudice to provide or introduce at trial evidence of any subsequently discovered facts. Plaintiffs reserve the right to update, amend, or supplement these responses, and present additional evidence or contentions at trial, based upon information hereafter obtained or developed.. Plaintiffs responses are made without waiving in any way: (a) the right to object on any basis permitted by law to the use of any such information, for any purpose, in whole or in part, in any subsequent proceeding in this action or any other action; and (b) the right to object on any basis permitted by law to any other discovery request or proceeding involving or relating to the subject matter of these responses.. Plaintiffs incorporate by this reference all of these general objections and conditions into each specific response below. SPECIFIC OBJECTIONS AND RESPONSES Subject to, and without waiver of the foregoing general objections and conditions, Plaintiffs respond and specifically object to Defendant s Requests as follows: 0 REQUEST NO. : Plaintiffs grandfather, James J. Walton, acquired certain property pursuant to a deed from William S. Walton dated April, that was recorded in Tillamook County Official Records, Book 0 Page. RESPONSE TO REQUEST NO. : With respect to Request No., Plaintiffs admit that the certain named James J. Walton, referenced in a certain deed from William S. Walton dated April,, recorded in Tillamook County Official Records, at Book 0 Page, is Plaintiffs grandfather. Plaintiffs admit that the deed referenced in Request No. involves the acquisition PAGE - PLAINTIFFS OBJECTIONS AND RESPONSES TO DEFENDANT S SECOND REQUEST FOR ADMISSIONS PO BOX 0 SALEM OR 0-00 TEL: (0) -00

3 0 0 of certain property on the part of James J. Walton. REQUEST NO. : Plaintiffs grandfather, James J. Walton, deeded an undivided one-half interest in property, referenced in Request No., to Kathryn B. Walton, who was James J. Walton s wife at the time, by signing a deed dated November 0, that was recorded on November, of the Tillamook County Official Records, Book Page, a copy of which deed is attached as Exhibit. RESPONSE TO REQUEST NO. : Plaintiffs object to Request No. in that it seeks attorney clientprivileged chain of title. Plaintiffs further object to Request No. in that it is vague and ambiguous regarding what is meant by an undivided one-half interest in property, referenced in Request No.. Notwithstanding, the above-referenced specific and general objections, Plaintiffs admit that the certain named James J. Walton, referenced in the deed from James J. Walton to Kathryn B. Walton dated November 0,, recorded on November, in the Tillamook County Official Records, Book Page, is Plaintiffs grandfather. Plaintiffs admit that the certain Kathryn B. Walton referenced in the deed recorded in the Tillamook County Official Records at Book Page was the wife of James J. Walton referenced in the same deed. Plaintiffs also admit that the deed attached to Defendants Second Request for Admissions as Exhibit, appears to be a true and accurate copy of the deed dated November 0, that was recorded on November, in the Tillamook County Official Records, Book Page. Unless expressly admitted herein, Plaintiffs deny the rest and remainder of Request No.. REQUEST NO. : A Decree of Final Distribution filed in Marion County Probate Department Case Number - dated September, (hereafter referred to as September, Decree of Final Distribution ), was recorded January, in Tillamook County Official Records, Book 0 Page. RESPONSE TO REQUEST NO. : With respect to Request No., Plaintiffs admit that a certain Decree of Final Distribution was filed in the Marion County Probate Department, Case No. -, PAGE - PLAINTIFFS OBJECTIONS AND RESPONSES TO DEFENDANT S SECOND REQUEST FOR ADMISSIONS PO BOX 0 SALEM OR 0-00 TEL: (0) -00

4 dated September,, and recorded in the Tillamook County Official Record at Book 0, Page. From a review of the record of the subject decree provided by counsel, Plaintiffs are not able to read the recording date on the subject decree and therefore Plaintiffs deny the same. REQUEST NO. : The September, Decree of Final Distribution indicates that Plaintiffs 0 father (who is identified as James Jefferson Walton Jr.) and Plaintiffs aunt, Elisabeth Brigham Walton Porter [sic], were the sole beneficiaries of Plaintiffs grandfather, James J. Walton s estate. RESPONSE TO REQUEST NO. : With respect to Request No., Plaintiffs admit that the James Jefferson Walton Jr., as identified in the September, Decree of Final Distribution is Plaintiffs father. Plaintiffs admit that Elisabeth Brigham Walton Potter (not Porter as referenced by Defendants in Request No. ), as identified in the September, Decree of Final Distribution is Plaintiffs aunt. Plaintiffs further admit that James Jefferson Walton Jr. and Elisabeth Brigham Walton Potter, as identified in the September, Decree of Final Distribution were identified as the sole beneficiaries, within that specific Decree of Final Distribution. Request No.. Unless expressly, admitted herein, Plaintiffs deny the rest and remainder of 0 REQUEST NO. : The September, Decree of Final Distribution indicates that the only Tillamook County real property passing through Plaintiffs estate was the property that was identified in Exhibit, with a one-fourth interest given to Plaintiffs father and three-fourths interest given to Plaintiffs aunt. RESPONSE TO REQUEST NO. : Plaintiffs object to Request No. in that it seeks attorney clientprivileged chain of title. Plaintiffs further object to Request No. in that it is vague and ambiguous regarding what is meant by indicates that the only Tillamook County real property passing through Plaintiffs estate was the property that was identified in Exhibit. The September, PAGE - PLAINTIFFS OBJECTIONS AND RESPONSES TO DEFENDANT S SECOND REQUEST FOR ADMISSIONS PO BOX 0 SALEM OR 0-00 TEL: (0) -00

5 0 0 Decree of Final Distribution is not a distribution of Plaintiffs estate, therefore, notwithstanding the above-referenced specific and general objections, Plaintiffs deny Request No.. REQUEST NO. : Plaintiffs father acquired Plaintiffs aunt s interest in property referenced in Exhibit pursuant to a deed from her to him dated September 0, which was recorded in Tillamook County Official Records, Book 0 Page, a copy of which is attached as Exhibit. RESPONSE TO REQUEST NO. : Plaintiffs object to Request No. in that it seeks attorney clientprivileged chain of title. Plaintiffs further objects to Request No. in that it is vague and ambiguous regarding what is meant by acquired Plaintiffs aunt s interest in property referenced in Exhibit. Notwithstanding the above-referenced specific and general objections, Plaintiffs admit that the certain Bargain and Sale Deed attached to Plaintiffs Second Request for Admissions as Exhibit appears to be a true and accurate copy of the deed dated September 0, and recorded in the Tillamook County Official Records, Book 0, Page. Plaintiffs admit that the certain James Jefferson Walton identified in Exhibit is their father, and that the certain Elisabeth Brigham Walton Potter identified in Exhibit is their aunt. With respect to the interest transferred on the part of the named parties, the document speaks for itself. Unless expressly admitted herein, Plaintiffs deny the rest and remainder of Request No.. REQUEST NO. : Plaintiffs father signed a Quitclaim deed dated September, 00 which was recorded on October, 00 in the Tillamook County Official Records, Book 0 Page 0, a copy of which is attached as Exhibit, that names Plaintiffs as grantees. RESPONSE TO REQUEST NO. : With respect to Request No., Plaintiffs admit that Exhibit appears to be a true and accurate copy of the certain quitclaim deed signed by Plaintiffs father (and identified in that certain deed as James Jefferson Walton Sr., Grantor ), dated September, 00, and recorded on October, 00, in the Tillamook County Official Records, Book 0 Page 0. Plaintiffs admit that they are identified as Grantees in Exhibit. PAGE - PLAINTIFFS OBJECTIONS AND RESPONSES TO DEFENDANT S SECOND REQUEST FOR ADMISSIONS PO BOX 0 SALEM OR 0-00 TEL: (0) -00

6 0 0 REQUEST NO. : Except for the property acquired by Plaintiffs father, James Jefferson Walton Jr., through his father s estate or from Plaintiffs aunt, Elisabeth Brigham Walton Potter (Exhibit ), Plaintiffs father was never deeded or given any other property by anyone that was within 00 feet of the property identified in the September, Decree of Final Distribution and Exhibit. RESPONSE TO REQUEST NO. : Plaintiffs object to Request No. in that it seeks attorney clientprivileged chain of title. Plaintiffs also object to Request No. in that it is vague and ambiguous what is meant by Plaintiffs father was never deeded or given any other property by anyone that was within 00 feet of the property identified in the September, Decree of Final Distribution and Exhibit. Without further clarification, Request No. is too ambiguous for Plaintiffs to respond, and therefore Plaintiffs deny Request No.. REQUEST NO. : The real property described in the 00 Quitclaim deed contains little, if any, of the property acquired by Plaintiffs father from his father, James Jefferson Walton Jr. or from his sister (Plaintiffs aunt), Elisabeth Brigham Walton Potter. RESPONSE TO REQUEST NO. : Plaintiffs object to Request No. in that it seeks attorney clientprivileged chain of title. Notwithstanding the above-referenced specific and general objections, Plaintiffs deny Request No. in that the property described in the 00 quitclaim deed was acquired by Plaintiffs father, from his father, and from Plaintiffs aunt. PAGE - PLAINTIFFS OBJECTIONS AND RESPONSES TO DEFENDANT S SECOND REQUEST FOR ADMISSIONS PO BOX 0 SALEM OR 0-00 TEL: (0) -00

7 REQUEST NO. 0: The Board of County Commissioners for Tillamook County, Oregon passed 0 Order No. 0--, dated March,, which was recorded in The Tillamook County Deed Records at Book, page 0 on March,, a copy of which is attached as Exhibit. RESPONSE TO REQUEST NO. 0: With respect to Request No. 0, Plaintiffs admit that Exhibit appears to be a true and accurate copy of the certain Board of County Commissioners for Tillamook County, with a date of March,, which was recorded in the Tillamook County Deed Records at book, page 0 on March,. DATED this th day of November, 0. 0 BY S/ JENNIFER C. PAUL JENNIFER C. PAUL, OSB NO. 0 jpaul@sglaw.com PAUL J. SUNDERMIER, OSB NO. 0 psundermier@sglaw.com PHONE: (0) -00 FAX: (0) - Of Attorneys for Plaintiff PAGE - PLAINTIFFS OBJECTIONS AND RESPONSES TO DEFENDANT S SECOND REQUEST FOR ADMISSIONS PO BOX 0 SALEM OR 0-00 TEL: (0) -00

8 CERTIFICATE OF SERVICE I hereby certify that on this th day of November, 0, I served PLAINTIFFS OBJECTIONS AND RESPONSES TO DEFENDANT S SECOND REQUEST FOR ADMISSIONS on: John A. Wolf Speer Hoyt LLC Oak St., Suite 00 Eugene, OR 0 jaw@speerhoyt.com 0 by electronic means through the Court s Case Management/Electronic Case File system, which will send automatic notification of filing to each person listed above. by mailing a true and correct copy to the last known address of each person listed. It was contained in a sealed envelope, with postage paid, addressed as stated above, and deposited with the US Postal Service in Salem, Oregon. by ing a true and correct copy to the last known address of each person listed, with confirmation of delivery. 0 BY S/ JENNIFER C. PAUL JENNIFER C. PAUL, OSB NO. 0 jpaul@sglaw.com PAUL J. SUNDERMIER, OSB NO. 0 psundermier@sglaw.com PHONE: (0) -00 FAX: (0) - Of Attorneys for Plaintiff PAGE - PLAINTIFFS OBJECTIONS AND RESPONSES TO DEFENDANT S SECOND REQUEST FOR ADMISSIONS PO BOX 0 SALEM OR 0-00 TEL: (0) -00