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SA 2002-675 Revision 1.July 31, 2003 P.O. Box 1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 Mr. Jim Engle 7 g 0 73 Imperial Sign Company 46120 Calhoun Street Indio, CA 92210 . RE: SIGN APPLICATION 2002-675; Amendment 1 ID Sign for Kristina's in the Cove (formerly Cunard's Garden Cafe) Dear Mr. Engle: (7.60) 777-.7000 FAX (760) 777-7101 In regards to the above subject, this Department has approved your application to revise text and colors for an existing ± 35 square foot, free=standing monument sign, originally approved under SA 2002-675. The proposed sign revision is consistent with the provisions of Chapter 9.160 of the Municipal Code. This approval is subject to the following conditions: 1. The applicant is responsible for proper sign maintenance and compliance with other general sign standards as set forth in the City's sign code (Section 9.160.030), as well as procuring any required building permit(s). 2. Installation and location of the sign shall comply with approved Exhibit A, and the approval conditions as contained in this letter. . 3. Modification of the sign shall be limited to replacement or redesign of the sign face panel and the text thereon. No 'modification to the sign location, lighting, cabinet or other aspects beyond those associated with the sign face panel are permitted. Should you need any clarification or further information in regard to this matter, or if you have any questions, please do riot.hesitate to contact me. Very truly yours, JERRY HERMAN COMMUNITY DEVELOPMENT DIRECTOR Wallace Nesbit Associate Planner WN/wn encl. c: Ed Randal, Building and d Saf& y �,Code Compliance Division C:\Wrkgrp\Letters\Signs\s a2002675amd.wpd �� IMPERIAL SIGN NC CO,f 46-120 CALHOUN STREET INDIO. CA 92201 (700) (760) 347-3566 FAX (760) 347-0343 CONTRACTORS LIC.# 207156, ` "°'°"`�' W°RKMAN5COMP# 1424837-99 BU51NE55 NAME: CUNARD'5 GARDEN CAFE DATE: 12- 31-2002 CUN-2640 DESCRIPTION OF WORK: INTERNALLY ILLUMINATED D/F SIGN MONUMENT LANDLORDA A rhl. a .n ed9lnal unpublished d-1.0 c—tod by IMPEWAL SIGN. it 1..ubrshrsd for your personal use Inconnection with . SIGN. it In n t to beplanneshown how n to anyoneu by IMPERIAL .9ia Ye ;oma nimtion,-1.h Itto be rep— ep o diced, willed or a=hlbhed In any fashion. CU5TOMERNAME: 60BCUNARD DRAWN BY ALBERTTORRE5 MAIL ADDRE55 : FO BOX 1266 PHONE NUMBER 564-6262CUS CITY LICENSE # 815 JOB LOCATION: 78-073 CALLE BARCELONA % FAX NUMBER NOTE: EX15TING 51GN B/G OF 51GN FACE TO BE OPAQUE STUCCO FIN15H TO MATCH BUILDING COLOR COPY TO BE RUST BROWN ON WHITE FLEX BACKER — TRAN5LUCENT ILLUMINATED INTERNALLY DY FLOURE5CENT LIGHTING 6"X14" 6"X14" 46"X14" 4"X12" 6"X18" FACE CHANGE ONLY Approved b,Z 0 Planning Commission O City Council �Commu ity Dev. Dept. Initials Case No. S4 3-9,SA "I"i Exhibit A ,® With Conditions T 5TEF viaReso A. n t,ke Code M 4 �" 6" '/2" J-bOlts TYPICAL 39.66 5q. Ft '/2" electric conduit CONCRETE FOOTING DETAIL 18" 9 HILL, FARRER & BURRILL LLP C/,---,, ®P A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ATTORNEYS AT L;AW • ESTABLISHED IN 1923 : . 16 ..; Te .;. . - ONE CALIFORNIA PLAZA37 •'FLOOR ! - 000'SOUTH;CRAND AVENUE- COS .ANGECES,,-CALIFORN,IA 90071.3.147.:'•( y TELEPHONE (213) 620 0460 FACSIMILE: (213)'624.4840 • -," A.J. HILL (1881.1953) WM. M. FARRER (1894.1971) -.. STANLEY S. BURRILL (1902-1957) WRITER'S DIRECT DIAL: (213)621-0830 July 13, 1999 Mr. Tom Hartung City of La Quinta P.O. Box 1504 La Quinta, CA 92253 Re: Deposition Subwoena for Production of Business Records (Dver v. E.M.T.. Incl Dear Mr. Hartung: Please let this letter confirm our, vanous tez.lephone conversations over the past few days, wherein you represented that. all, documents. in,your office's possession, custody or control responsive to the enclosed Deposition Subpoena were already' produced in response to the subpoena served by E.M.T., Inc. for May 14, 1998 (copied by Compex on May 15, 1998). However, you also represented that the City's Building and Safety Depart�nm we as currently reviewing their files to see if they have documents resp no sive-to-the`enclosed-Subpoena. 1 Thank you for your courtesy and cooperation in this matter. If you have any questions, or comments, do not hesitate to give me a call. F:\CLIENTS\D\D9671 \004\Hartung.Itr Very truly yours, AURIE W. ESPINOSA FOR HILL, FARRER & BURRILL LLP e - —..t`w x v 77 n r .aWORLDWIDE;_.�-_`! (-")'I--*)NEY SERVICES, INC. 1 E 201 S. F1CU€ROA ST., STE. 285 •LOS ANGELES, CA 90012 (213) 625-0200 •FAX: (213) 625-0202 611 W. CIVIC CENTER DR., STE. 301T_SANTA ANA, CA 92701 • (714) 245-1455 FAX: (714) 245-1450 A 11813 Website: WWW.WorldWideattysvcs.Com • E-mail: HotRush@WorldWideattysvcs.Com Firm Name Attorney Name: L.w. .Espinosa HILL FARRER & BLRRI LL. LLP 300 S GRAND ANTINUE. SUTrE 3100 Secy./ Paralegal Name: Jene LOS f114GLLES. CA 9007, Phone # : (? 13) 620-0460 Ref/ Billing # : D 9671 004 Date: June 29, 1999 Court: Riverside County Superior Court [ ] Hot Rush [) Standard Case Name: Dyer v. E.M.T. ( )Rush [ ] Roundtrip Case #: INC 004753 COURT SERVICE INSTRUA-PTIOioIS [ ) Filing [ ] Photocopy / Research Request [ ] Other [ ] Fees Attached [ ] Please Advance $ Hearing Date Documents To Be Filed / Copied: Instructions: C�� Messenger Report: Z SERVICE OF PROCESS [x] Personal Service Witness Fees Service Deadline: [x] Substituted Service. [) Attached $ ( ) Office Service [ ] Please Advance $ TODAY - ASAP Documents To Be Served: Instructions Deposition Subpena - Busness Records ** Mike ** Please fax to your contact and have them serve docume 1 Person To Be Served Home Address: Custodian of Records for the City of La Quinta Business Address: 78-495 Calle Tampico La Quinta, CA 92253 Description (760) 777-7000' DELIVERY INSTRUCTIONS Pickup From: Deliver To: Special Instructions: RECEIVED BY: MSGR(1) MSGR(2) PLEASE DO NOT WRITE BELOW DELIVERY WAITING TIME FEES ADVANCED: COURT RESEARCH TIME CHECK FEE PROCESS MAIL/FED EX / UPS COURT RUN PHOTOCOPY RUSH / HOT RUSH SASE/COPY LIBRARY PERSONAL SERVICE RETURN P-O.S./ DECLARATION: TOTAL WHITE - ORIGINAL / YELLOW - BILLING / PINK - CLIENT ACCOUNTING FILE / GOLD - CLIENT FILE ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY (213) 620-0460 HILL, FARRER & BURRILL LLP James R. Evans, Jr., S.B.N. 119712 300 S. Grand Ave., 37th Floor Los Angeles, CA 90071-3147 ATTORNEY FOR (Name): Plaintiff NAME OF COURT: Riverside County Superior Court STREET ADDRESS: 46-200 Oasis Street MAILING ADDRESS: 111 North Hill Street CITY AND ZIP CODE: Indio, CA 92201 BRANCH NAME: Indio Court PLAINTIFF/PETITIONER: LINDSAY DYER DEFENDANT/RESPONDENT: E . M . T . , INC. DEPOSITION SUBPENA CASE NUMBER: For Production of Business Records JINC004753 THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name): Custodian of Records for the City of . La Quinta, 78-495 Calle Tampico, La Quinta, California, 92253, (760) 777-7000 1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3 as follows: Deposition Officer (name): James R. Evans, Jr. Date: July 14, 1999 Time: 10:00 a.m. Address: Hill, Farrer & Burrill LLP, 300 S. Grand Avenue, .37th Floor, Los Angeles, CA 90071-3147; (213) 620-0460 Do not release the requested records to the deposition officer prior to the date and time stated above. a. 0 by delivering a true, legible, and durable copy of the business records described in item 3, enclosed in a sealed inner wrapper with the title and number of the action, name of witness, and date of subpena clearly written on it. The inner wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposition officer at the address in item 1. b. ® by delivering a true, legible, and durable copy of the business records described in item 3 to the deposition officer at the wit- ness's address, on receipt of payment in cash or by check of the reasonable costs of preparing the copy, as determined under Evidence Code section 1563(b). C. = by making the original business records described in item 3 available for inspection at your business address by the attorney's representative and permitting copying at your business address under reasonable conditions during normal business hours. The records are to be produced by the date and time shown in item 1 (but not sooner than 20 days after the issuance of the deposition subpena, or 15 days afterservice, whicheverdate is later). Reasonable costs oflocating records, making them available orcopying them, and postage, if any, are recoverable as set forth in Evidence Code section 1563(b). The records shall be accompanied by an affidavit of the custodian or other qualified witness pursuant to Evidence Code section 1561. The records to be produced are described as follows: Please see Attachment 3 xj Continued on attachment 3. 7DISOBEDIENCE OF THIS SUBPENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: June 23, 1999 Jame.s .R....E.van.s,...J... ....................... (TYPE OR PRINT NAME) (SIGNATURE F PERSON ISS�SUIPE At ornev for Plaintiff (TITLE) (See reverse for proof of service) Form Adopted by Rule 982 DEPOSITION SUBPENA - BUSINESS RECORDS Code of Civil Procedure, § § 2020, 2025 Judicial Council of California Government Code, § 68097.1 982(a)(15.2) [Rev. January 1, 1993] PLAINTIFF/PETITIONER: LINDSAY DYER CASE NUMBER: INCO04753 DEFENDANT/RESPONDENT: E. N. T. -INC. PROOF OF SERVICE OF DEPOSITION SUBPENA - BUSINESS RECORDS 1. 1 served this Deposition Subpena - Business Records by personally delivering a copy to the person served as follows: a. Person served (name): PHYLLIS MANLEY, DEPUTY CITY CLERK b. Address where served: 78-495 CALLE TAMPICO LA QUINTA, CA 92253 c. Date of delivery: 6/29/99 d. Time of delivery: 1.40 P. M. e. (1) 0 Witness fees were paid. Amount: ............... $ (2) 0 Copying fees were paid. Amount: ............... $ f. Fee for service: ................. $ 2. 1 received this subpena for service on (date): 6/29/99 3. Person serving: a.0 Not a registered California process server. b. Califomia sheriff, marshal, or constable. c. Q Registered California process server. d. `r Employee or independent contractor of a registered California process server. e.= Exempt from registration under Bus. & Prof. Code section 22350(b). f.Registered professional photocopier. g. [] Exempt from registration under taus. & Prof, Code section 22451. h_ Name, address, and telephone number and, if applicable, county of registration and number: EDWARD WASSERMAN WORLDWIDE ATTORNEY SERVICES, INC 201 S. FIGUEROA ST. 0285 LOS ANGELES, CA 90012 (213) 625-0200 REG 425 RIVERSIDE COUNTY I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 6/29/ (For California sheriff, marshal, or constable use only) I certify that the foregoing is true and correct. Date: (SIGNATURE) 982(a)(15.21(Rev Ju ary 1.19931 PROOF OF SERVICE Paye two DEPOSITION SUBPENA - BUSINESS RECORDS VO'd ZOZO 5Z9 ETZ SOAS AJ_LV 30IMa1210M dLO= t6 66-6Z—une Attachment 3 to Deposition Subpoena: Documents and Things To Be Produced 1. All writings which refer or relate to the property which is the subject of this action, formerly and/or presently known as "La Quinta Garden Cafe," located at 78073 Calle Barcelona, La Quinta, California, 92253 ("THE PROPERTY") including, but not limited to, applications, permits, maps, drawings, plans, specifications, records, agreements, drafts, notes, correspondence, and memoranda. 2. All writings which refer to, relate to, which constitute, or which memorialize communications between the City of La Quinta ("THE CITY") and E.M.T., Inc. regarding THE PROPERTY. 3. All writings which refer to, relate to, which constitute, or which memorialize communications between the City of La Quinta ("THE CITY") and La Quinta Garden Cafe, aka Mario's La Quinta Garden Cafe, regarding THE PROPERTY. 4. All other writings, not produced in connection with another demand herein, which refer or relate to the development of, construction on, and changes, modifications and improvements to THE PROPERTY. � l TO: FROM DATE: OF /T4t�p 4 4 Qum& Q Jul n U NTq MEMORANDUM BUILDING AND SAFETY DEPARTMENT COMMUNITY DEVELOPMENT DEPARTM T SAUNDRA L. JUHOLA, CITY CLERK JULY 1, 1999 SUBJECT: RECORDS SUBPENA evIto��G 4,V0��CD SAF�%i' If you have any records that are requested in the attached subpena, please submit them to me and I'll transmit them to the subject law firm. J. o AA, -7 N L,acv F�2M .i S t3¢C� W �c,c0rA�j G 64 �y.oTltiG ?��lA Tc -Er (447- CdP��t� c.easT -T- bo^r T V N C)w W (4A T C - 2 V C.s .>/Pb,OLLGC�.+ 4 6>2 L C` -tt4ec/tC..S ,�Z-' 0• L' a"e-P cop(eD y ci�: 9%? RECEIVE_D ATTORNEY OR PARTY VW MOUTATTORNEY(NawWAddesa): TELEPHONE Nm: 199 Ujr?Tr TrL1l Z (213) 620-0460 HILL, FARRER 6 BURRILL LLP CITY G1 LA James R. Evans, Jr., S.B.N. 119712 QUIivTA 300 S. Grand' five., 37th door CITY CLERK os Angeles, CA 90071-AtL!17 ATTORNEY FOR (Namer. Plaintiff NAMEOPGOURT Riverside County Superior Court srREETADDRESS: 46-200 Oasis Street MALNGAOORESS: 111 North Hill Street CffYAWZPCODe Indio, CA 92201 BRANCH NNdE Indio Court PLAINTIFF/PETITIONER: LINDSAY DYER DEFENDANT/RESPONDENT: E . M . T . , INC. DEPOSITION SUBPENA Usk My"1BEX- For Production of Business Records NCON753 THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name): Custodian of Records for the City of La Quinta, 78-495 Calle Tampico, La Quinta, California, ,92253, (760) 777-7000 1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described In Itnrm 3 as fellows: Deposition Officer (name): James R. Evans, Jr. Date: July 14, 1999 Time: 10:00 a.m. Address: Hill, Farrer b Burrill LLP, 300 S. Grand Avenue, 37th Floor, Los Angeles, CA 90071-3147; (213) 620-0460 Do not release the requested records to the deposition officer prior to the date and time stated above. a. =by delivering a true, legible, and durable copy of the business records described In Rem 3, enclosed In a sealed Inner wrapper with the title and number of the action, name of witness, and date of subpena clearly written on It. The Inner wrapper shall then be enclosed in an outer envelope or wrapper, sealed. and mailed to the deposition officer at the address In item 1. b. ®by delivering a true, legible, and durable copy of the business records described in item 3 to the deposition officer at the wit- ness's address, on receipt of payment in cash or by check of the reasonable costs of preparing the copy, as determined under Evidence Code section 1563(b). c. =by making the original business records described in item 3 available for inspection at your business address by the attorney's representative and permitting copying at your business address under reasonable conditions during normal business hours. 2. The records are to be produced by the date and time shown in item 1(but not sooner than 20 days after the issuance ofthe deposition subpena, or15 days afterservice, whicheverdate islater). Reasonable costs oftocatingrecords, making them available orcopyingthem. and postage, if any, are recoverable asset forth in Evidence Code section 1563(b). The records shall be accompanied by an affidavit of the custodian or other qualified witness pursuant to Evidence Code section 1551. 3. The records to be produced are described as follows: Please see Attachment 3 Continued on attachment 3. DISOBEDIENCE OF THIS SUBPENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE I SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Dateissued: June 23, 1999 James ... R...Evans, . Jr,,,,,,,,,,,,,,.......„. #TYPE OR PRM NAME) PERSON ISSU WG Attorney for Plaintiff (ME1 (See reverse for proof of service) Fmm Adopted by Rub 9E2 DEPOSITION SUBPENA - BUSINESS RECORDS cods of C14 Procedure, g g 2020.2025 JudWal Courra or Camonua GoveremeM Code 4 65097 1 982(a)115 21IR@v. Jamary 1, 19931 • �n�. e-�n c-T� C'1nC A 1 IH 'qr1TM0-1'd0M cl90= TO 66-60-unr PLAINTIFF/PETITIONER LINDSAY OYER CASE NUMBER: INC004753 . DEFENDANT/RESPONDENT: E.MINC. PROOF OF SERVICE OF DEPOSITION SUBPENA - BUSINESS RECORDS 1 I served this Deposition Subpena - BMpiness Records by personally delivering a copy to the person served as follows: e; a. Personserved (name): b. Address where served: c. Date of delivery: d. Time of delivery: e. (1) Witness fees were paid. Amount: ................ $ ` (2) Copying fees were paid. Amount; ............... $ f. Fee for service: ................. $ 2. 1 received this subpena for service on (date): 3. Person serving: a. Not a registered California process server. b. California sheriff, marshal, or constable. c. Registered California process server. d. Q Employee or independent contractor of a registered California process server. e. Exempt from registration under Bus. & Prof. Code section 22350(b). f.Q Registered professional photocopier. g. Q Exempt from registratlon under taus. & Prof. Code section 22451- h. Name, address, and telephone number and, if applicable. county of registration and number. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (SIGNATURE) (For California sheriff, marshal, or constable use only) I certify that the foregoing it :rue and correct. Date: (BIGNATURE) 992(.)(is.21 (R.v January 1. 19931 PROOF OF SERVICE Page Mo DEPOSITION SUBPENA - BUSINESS RECORDS ••n- -r �n7n P74 FT7 SnAC A I Ib '40TMOINOM dLO= TO 66 -6Z -ung+ ,L Attachment 3 to Deposition Subrwena: Documents and Things To Be Produced I. All writings which refer or relate to the property which is the subject of this action, formerly and/or presently known as "!La Quinta Garden Cafe," located at 78073 Calle Barcelona, La Quinta, California, 92253 ("THE PROPERTY") including, but not limited to, applications, permits, maps, drawings, plans, specifications, records, agreements, drafts, notes, correspondence, and memoranda- 2. emoranda 2. All writings which refer to, relate to, which constitute, or which memorialize communications between the City of La Quinta ("THE CITY") and E.M.T., Inc. regarding THE PROPERTY. 3. All writings which refer to, relate to, which constitute, or which memorialize communications between the City of La Quinta ("THE CITY") and La Quinta Garden Cafe, aka Mario's La Quinta Garden Cafe, regarding THE PROPERTY. 4. All other writings, not produced in connection with another demand herein, which refer or relate to the development of, construction on, and changes, modifications and improvements to THE PROPERTY. SO'd ZOZO SZ9 £TZ SOAS AI -LV 3aimaiuom dLo=LO 66-6Z-une OP 4A 7 r , -377 S/�Ehs I s colln U � OF rN�� Fax To: Ms. Laurie Espinoza Of: Hill, Farrer, & Burrill Fax: 213-624-4840 Pages: 4, including this cover sheet. Date: July 8, 1999 Per our phone conversation. On May 15,1998, Sherry from Compex was here to copy the file. Attached is the information that we received regarding that procedure. Please call me and let me know we still have to provide the copies. Thanks. PHONEMESSAGE : ' 1 • c3MME1. FOR,;a URGENT ��'� ■ PHONED n 1 . �, . 9 RETURNED;. PHONE + ■ YOUR CALL PLEASE CALL BACK'. ME WILL:CALL SSAGEJ ,..� _ -.�.� " L ` _�_ . AGAIN �y , tWAS IN vain 1 WANTSTO �� • '� *r SEE YOU f 4 From the desk of... } Tom Hartung PO Box 1504 La Quinta, CA 92253 760-777-7013 Fax: 760-777-7011 114 WEST AIRPORT DRIVE, STE. 101 C OMPEX SAN BERNARDINO, CA 92408 (888) 52.6-6739 5 of I? T Legal Services, Ina ORDER # :A000444 - 001 NOTICE TO PARTY BEING SUBPOENAED You may satisfy the provisions of this subpoena by following any of the following instructions: 1. ALLOW COMPEX TO PHOTOCOPY THE REQUESTED RECORDS 2. APPEAR AT THE SCHEDULED TIME AND PLACE, AND BRING WITH YOU THE ORIGINALS OF ALL THE RECORDS DESCRIBED IN THE SUBPOENA IF THE SUBPOENA CALLS FOR RECORDS TO BE PRODUCED, PLEASE COMPLETE THE FOLLOWING DECLARATION AND INCLUDE IT WITH THE RECORDS. PLEASE FILL OUT THOROUGHLY. DECLARATION OF CUSTODIAN OF RECORDS I, undersigned, being the duly authorized custodian of records for: CITY OF LA QUINTA 78-495 CALLE TAMPICO LA QUINTA, CA 92253 with personal knowledge of the facts set forth below, and authority to certify said records, do hereby attest to the following facts: I am an employee of the organization listed above and have personal knowledge of the procedures and practices reflected in these records. The records pertain to: LINDZEE DYER DATE OF BIRTH: 0/00/00 SOCIAL SEC.NO.: Including this certificate, all the records called for in the attached Subpoena with which I was served have been provided to a COMPEX agent for the purpose of copying pursuant to Evidence Code 1560, with the exception of the attached list of documents: (Items must be desribed in great enough specifcity to identify such excluded items) The records were prepared in the ordinary course of business, by the personnel of said business for which I am the custodian of records, at or near the time of the acts, conditions, or events depicted therein. As custodian, I testify to the records identity and method of preparation. The source of the information and method of preparation were such as to indicate their trustworthiness. If I were called as a witness in this matter, I could and would competently testify under oath to the foregoing facts. I hereby declare under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. EXECUTED ON : EXECUTED AT : SIGNED PRINT NAME M (DATE) (ADDRESS) (CITY, STATE AND ZIP CODE) (SIGNATURE OF CUSTODIAN OF RECORDS) A000444 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) TELEPHONE NO: PACIFIC LEGAL CENTER (619) 231-6866 111 ELM STREET, SUITE 200 SAN DIEGO, CALIFORNIA 92101 DEFENDANT ATTORNEY FOR (Name): E.M.T., INC., DBA LA QUINTA GARDEN CAFE Insert name of court, judicial district or branch, if any, and post office and street address. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF RIVERSIDE INDIO 46-200 OASIS STREET INDIO, CALIFORNIA 92201 PLAINTIFF/PETITIONER: LINDSAY DYER, DEFENDANT/RESPONDENT: E . M . T . , INC., DUPLICATE CASE NUMBER: INCO04753 FOR COURT USE ONLY NOTICE OF DEPOSITION; NOTICE TO CONSUMER, NOTICE TO EMPLOYEE: (RECORDS ONLY - NO PERSONAL APPEARANCE NECESSARY) NOTICE TO ALL PARTIES AND THEIR ATTORNEY(S): 1. The production of documents by the Custodian of Records of businesses will be commanded as follows: AT: 555 WEST "B" STREET (BEFORE ANY NOTARY PUBLIC) SAN DIEGO, CALIFORNIA 92101 CITY OF LA QUINTA 78-495 CALLE TAMPICO, LA QUINTA, CA 92253 TIME OF DEPO. 5/14/98 9:00 AM 2. NO DEPOSITION TESTIMONY WILL BE TAKEN, the deponent need not appear if he or she complies with the Evidence Code Sections 1560 through 1566, and Code of Civil Procedure Section 2018 through 2021. True, legible and durable copies of all the documents described in the Subpoena, which are certified by the above named Custodian will be accepted as sufficient compliance by said Custodian. 3. NOTICE TO CONSUMER: NOTICE TO EMPLOYEE: Pursuant to California Code of Civil Procedure Section 1985.3 and/or 1985.6 please take notice that: a. Records described in the attached Subpoena, which are about you, are being sought from the above named Custodian of Records- and employment records may be protected by right of privacy and b. If you object to said Custodian furnishing the indicated records, you must file papers with the Court stating such objection, prior to the date specified for production on the Subpoena, and, and c. If you have any objection to said Subpoena, you should contact the Attorney requesting this Subpoena. If, after said contact, that requesting Attorney will not agree in writing to cancel or limit said Subpoena, you should consult your own Attorney regarding your Interest in protecting your right to privacy. DATED: 4/21/98 ATTORNEY: JSP SANDRA NABOZNY-YOUNGER SANDRA NABOZNY-YOUNGER ATTORNEY FOR: DEFENDANT E.M.T., INC., DBA LA QUINTA GARDEN CAFE, NOTICE OF DEPOSITION - NOTICE TO CONSUMER, NOTICE TO EMPLOYEE REQUEST: A000444 PROOF OF SERVICE OF NOTICE OF DEPOSITION and PROOF OF SERVICE -OF NOTICE TO CONSUMER (CCP 1985.3) and/or PROOF OF SERVICE OF NOTICE TO EMPLOYEE (CCP 1985.6) I am employed in SAN DIEGO County, California. I am over the age of 18 and not a party to the within action; my business address is: 555 WEST "B" STREET SAN DIEGO, CALIFORNIA 92101 On 4/23/98, 1 gave notice to LINDZEE DYER the "consumer" and/or "employee" whose personal and/or employment records are being sought, as required by Code of Civil Procedure Section 1985.3(b) and/or Section 1985.6 (1) and (2) as follows: On the above date, I served true copies of the following documents; Subpoena Notice of Deposition Notice to Consumer and/or Notice to Employee DUPLICATE To each party appearing in this action, at the address below, by delivering true copies thereof enclosed in a sealed envelope to a courier for immediate personal delivery. I declare under penalty of perjury under the laws of the State of Ca ' ornia that the foregoin is true and correct, and that this declaration was executed on 4/23/98. SIGNED: (�!/ Kimlyy K. Mast HILL, FARRER & BURRILL JAMES R. EVANS JR., ESQ. 445 SOUTH FIGUEROA STREET, 35TH FLOOR LOS ANGELES, CALIFORNIA 90071 PROOF OF SERVICE BY HAND DELIVERY A000444 - 001 DUPLICATE ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address) TELEPHONE NO. FOR COURT USE ONLY PACIFIC LEGAL CENTER (619) 231-6866 1-11 ELM STREET, SUITE 200 `y SAN DIEGO, CALIFORNIA 92101 DEFENDANT ATTORNEY FOR (Name): E DBA LA OUINTA GARDEN CAFE, NAME OF COURT: SUPERIOR COURT OF THE STATE OF CALIFORNIA STREET ADDRESS: FOR THE COUNTY OF RIVERSIDE MAILING ADDRESS: 46-200 OASIS STREET CITY AND ZIP CODE: INDIO, CALIFORNIA 92201 BRANCH NAME: INDIO PLAINTIFF/PETITIONER: LINDSAY DYER, DEFENDANT/RESPONDENT: E. M. T., INC.CE , DEPOSITION SUBPENA INCO04753 For Production of Business Records THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name): CUSTODIAN OF RECORDS CITY OF LA QUINTA 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described In item 3 as follows: Deposition Officer(name): COMPEX LEGAL SERVICES, INC. ("COMPEX") (61 9) 235-8800 Date: 5/14/98 Time: 9: 00 AM Address: 555 WEST "B" STREET SAN DIEGO, CALIFORNIA 92101 Do not release the requested records to the deposition officer prior to the date and time stated above. a. by delivering a true, legible, and durable copyof the business records described in item 3, enclosed in a sealed inner wrapper with the title and number of the action, name of witness, and date of subpena clearly written on it. The inner wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposition officer at the address in item 1. b. a by delivering a true, legible, and durable copy of the business records described in item 3 to the deposition officer at the wit- ness's address, on receipt of payment in cash or check of the reasonable costs of preparing the copy, as determined under Evidence Code section 1563(b). C. Fx_ I by making the original business records described in item 3 available for inspection at your business address by the attorney's representative and permitting copying at your business address under reasonable conditions during normal business hours. 2. The records are to be produced by the date and time shown in item 1 (but not sooner than 20 days after the issuance of the deposition subpena, or 15 days after service, whichever date is later). Reasonable costs of locating records, making them available or copying them, and postage, if any, are recoverable as set forth in Evidence Code section 1563(b). The records shall be accompanied by an affidavit of the custodian or other qualified witness pursuant to Evidence Code section 1561. 3. The records to be produced are described as follows: ANY AND ALL DOCUMENTS CONTAINED WITHIN THE FILE INCLUDING ARCHITECTURAL PLANS, SCHEMATICS, BLUEPRINTS, WRITTEN BUILDING REQUIREMENTS, INSPECTION REPORTS, APPROVALS BY CITY OF ONTARIO, AND BUILDING PERMITS PERTAINING TO THE REMODEL OF PREMISES LOCATED AT 78-073 CALLE BARCELONA, LA QUINTA, FOR ANY AND ALL TIMES., * LINDSAY DYER F-1 Continued on attachment 3. DISOBEDIENCE OF THIS SUBPENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: 4/21/98 SANDRA NABOZNY-YOUNGER I�S� SANDRA NABOZNY-YOUNGER (TYPE OR PRINT NAME) (SIGNATURE OF PERSON ISSUING SUBPENA) ATTORNEY-AT-i.AW (TITLE) (See reverse for proof of service) Form Adopted by Rule 982 Judicial Council of California DEPOSITION SUBPENA-BUSINESS RECORDS Code of Civil Procedure, § § 2020.2025 - 982(a)(15.2)[Rev. January 1, 1993] Government Code § 68097.1 PLAINTIFF/PETITIONER: LINDSAY DYER, CASE NUMBER: INCO04753 DEFENDANT/RESPONDENT: E.M.T., INC., PROOF OF SERVICE OF DEPOSITION SUBr ENA -BUSINESS RECORDS 1. 1 served this Deposition Subpena-Business Records by personally delivering a copy to the person served as follows: a. Person served (name): b. Address where served: c. Date of delivery: d. Time of delivery: e. (1) 0 Witness fees were paid. Amount:.................. $ (2) 0 Copying fees were paid. Amount: .......:.......... $ f. Fee for service ...................... $ 2. 1 received this subpena for service on (date): 4 3. Person serving: a. 0 Not a registered California process server. b. California sheriff, marshal, or constable. c. 0 Registered California process server. d. Q Employee or independent contractor of a registered California process server. e. Exempt from registration under Bus. & Prof. Code section 22350(b). f. Registered professional photocopier. g. Exempt from registration under Bus. & Prof. Code section 22451. h: Name, address, and telephone number and, if applicable, county of registration and number: I declare under penalty of perjury under the laws of the State (For California sheriff, marshal, or constable use only) of California that the foregoing is true and correct. I certify that the foregoing is true and correct. Date: Date: (SIGNATURE) (SIGNATURE) 982(x)(15.2) (New July 1, 1987) PROOF OF SERVICE Page two DEPOSITION SUBPENA-BUSINESS RECORDS DEC -b8-2005 THU 03;43 PM RIVERSIDE COUNTY FIRE ° FAX NO. 17608637072 .Craig E. Anthony Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of, Banning oti Beaumont Calimesa Canyon Lake Coachella Desert Not Springs s� Indian Wells s� Indio Lake Elsinore La Quinta Moreno valley Palm Desert .Penis 0 Rancho Mirage w San Jacinto d• Temecula Board of Supmisors Bob Buator, District I .John TAvaglione, Diatria[ 2, Jeff Stono, District 3 Roy Wilson, District 4 Marion Ashioy. DiOrict 5 RIVERSIDE COUNTY FIRE DEPARTMENT 210 West San Jacinto Avenue • Perris, Califomia 92570. (951) 940-6900 • Fax (951) 940-6910 December 08, 2005 M La Quinta Building Department Re: Fire Occupancy Blend The Riverside County Fire Department is granting the clearance for the following location �78073TCalle Barcelona, La Quinta. Please call if you should have Questions. Respectfully TRACY HOBDAY Battalion Chief / Fire Marshall Terry DeSoucy Fire System Inspectors P. 01/01