2022-06-28 Subpoena for Records - SilverRock-Talus - Robert GreenSUBP-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
Sanford L. Michelman (SBN 179702), Eric J. Rans (SBN 195615), Tabitha F Flood (SBN 335301), Mojan Anad (SBN 298865)
Michelman & Robinson, LLP
10880 Wilshire Blvd., 19th Floor
Los Angeles, CA 90024
TELEPHONE NO.: 310-299-5500 FAX NO.: 310-299-5600
E-MAIL ADDRESS: smichelman@rndlp.com, erans@mdlp.com, tflood@mrllp.com, manari@mdlp.com
ATTORNEY FOR (Name): William Trzos, Ken Manqueros and Cypress Point Holdings, LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE
STREET ADDRESS: 3255 E. TahqultZ Canyon Way
MAILING ADDRESS:
CITY AND ZIP CODE: Palm Springs, 92262
BRANCH NAME: Palm Springs Courthouse
PLAINTIFF/ PETITIONER: William Trzos et al.
DEFENDANT/ RESPONDENT: Robert S. Green, Jr. et al.
DEPOSITION SUBPOENA
FOR PRODUCTION OF BUSINESS RECORDS
FOR COURT USE ONLY
CASE NUMBER:
CVPS2202023
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known):
Custodian of Records, CITY OF LA QUINTA, 78-495 Calle Tampico, La Quinta, CA 92253
1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3, as follows:
To (name of deposition officer): First Legal, 600 W. Santa Ana Blvd., Unit 101, Santa Ana, CA 92701
On (date): July 26, 2022 At (time): 10:00 AM
Location (address): Michelman & Robinson, LLP, 17901 Von Karman Ave., Suite 1000, Irvine, CA 92614
Do not release the requested records to the deposition officer prior to the date and time stated above.
a. Ix I 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 subpoena 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
witness'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. Q 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 subpoena, 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 (if electronically stored information is demanded, the form or
forms in which each type of information is to be produced may be specified):
SEE ATTACHMENT
j7k] Continued on Attachment 3.
4. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER
CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN
SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE
AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS.
DISOBEDIENCE OF THIS SUBPOENA 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 24, 2022
Eric J. Rans
(TYPE OR PRINT NAME) IGNATIJRE OF PERSON ISSUING SUBPOENA)
Attorney for William Trzos, Ken Manqueros and Cypress Point Holdings, LLC
(Proof of service on reverse) Page 1 of 2
FcJud cialPted for Mandatory Council of California 5e DEPOSITION SUBPOENA FOR PRODUCTION Code of Civil Procedure, §§ 2020 41Gode, § 6 0 97. ;
Government Code, § 68097.1
SUBP-010 [Rev. January 1, 2012] OF BUSINESS RECORDS www courts ca gov
SUBP-010
PLAINTIFF/PETITIONER: William Trzos et al. CASE NUMBER:
DEFENDANT/RESPONDENT: Robert S. Green, Jr. et al. CVPS2202023
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR
PRODUCTION OF BUSINESS RECORDS
1. 1 served this Deposition Subpoena for Production of 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) Copying fees were paid.
Amount: .............. $
f. Fee for service: ---------------- $
2. 1 received this subpoena for service on (date):
3. Person
serving:
a.
0
Not a registered California process server
b.
0
California sheriff or marshal.
c.
Registered California process server.
d.
0
Employee or independent contractor of a registered California process server.
e.
0
Exempt from registration under Business and Professions Code section 22350(b).
f.
Registered professional photocopier.
g
Exempt from registration under Business and Professions Code section 22451.
h.
Name, address, telephone number, and, if applicable, county of registration and number:
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 or marshal use only)
certify that the foregoing is true and correct.
Date:
(SIGNATURE)
SUBP-010 [Rev. January 1, 2012] DEPOSITION SUBPOENA FOR PRODUCTION Page 2 of 2
OF BUSINESS RECORDS
4
G
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTACHMENT 3
iiilliam Trios, et al. i� Rvherl S. Green, Jr. el al.
Riverside Superior Court Case No. CVPS2202023
INSTRUCTIONS
You are instructed to produce all DOCUMENTS and electronically stored information
("ESI") that are responsive to these requests and that are in your possession, custody, or
control. DOCUMENTS and ESI are in your "possession, custody, or control" if they are in
your physical possession or if, as a practical matter, you have the ability, upon request, to
obtain possession of the DOCUMENT or ESI, or a copy therefrom from another person or
entity that has physical possession of the DOCUMENT or ESI, including but not limited to,
your attorneys, agents, representatives, or employees, regardless of their location.
2. These requests for production include the original media and all copies that differ from the
original in any respect, such as notations made on the copy. These requests are also
intended to include all media of any nature that are now or have at any time been within
your care, custody or control.
If any DOCUMENT/ESI or category of DOCUMENTS/ESI are not produced in full, please
state with particularity the reason or reasons why they are not being produced in full, and
describe, to the best of your knowledge, information and belief, and with as much
particularity as possible, the DOCUMENT/ESI or portions of the DOCUMENT/ESI that are
not being produced.
4. DOCUMENTS and ESI are to be produced as they are kept in the usual course of business,
including but not limited to, all file folders, binders, notebooks, and other devices by which
such DOCUMENTS and ESI may be organized or separated. To the extent that the
DOCUMENTS and ESI demanded herein are not produced as they are kept in the usual
course of business, then as to each DOCUMENT and ESI produced, indicate the number or
numbers of the demands below to which the DOCUMENT and ESI is responsive.
All DOCUMENTS requested must be produced (along with any draft(s) thereof) in their
entirety, without abbreviation, expurgation, or redaction. If a DOCUMENT has been prepared in
several copies that are not identical, or if additional copies have been made that are no longer
identical, or if original identical copies are no longer identical by reason of subsequent notation
or other modification of any kind whatsoever, including, but not limited to, notations on the
front or back of pages thereto, each non -identical copy is a separate DOCUMENT and must be
produced.
6. If you contend that any DOCUMENTS responsive to any request is privileged, in whole or
in part, or if you otherwise object to its production, then with respect to each such media:
a. The type of DOCUMENT (letter, report, memoranda, etc.), including any title or
identifying number thereon;
b. Its date of origin or preparation;
C. The name of its author or originator;
d. The name(s), titles, and job descriptions of its addressee(s), if any;
ATTACHMENT TO DEPOSITION SUBPOENA FOR BUSINESS RECORDS TO CITY OF LA QUINTA
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e. A brief summary of its substance;
f. A factual and legal basis upon which a privilege is claimed sufficient to permit the
Court to adjudicate the validity of the claim.
7. If any electronic storage device demanded to be inspected or DOCUMENT or ESI demanded to
be produced herein was in your possession, custody, or control, but has since been disposed of,
lost, discarded, destroyed, or otherwise has become unavailable, please describe each such
DOCUMENT and ESI as completely as possible and provide the following information:
a. The reason the DOCUMENT, ESI, or electronic storage device is no longer in your
possession, custody, or control;
b. The person or entity, if any, who has possession, custody or control or, if unknown, so
state: and;
C. If the DOCUMENT, ESI, or electronic storage device was destroyed or otherwise
disposed of, state (i) the manner of disposal (i.e., destruction, loss, discarding or other
means of disposal); (ii), the date of disposal; (iii) the reason for disposal; (iv) the person
authorizing disposal; (v) the person disposing of the DOCUMENT; and (v) the name
and address of the most recent custodian of the DOCUMENT, ESI, or electronic storage
device.
8. All ESI DOCUMENTS should be converted to a paginated version as a PDFs as provided
below, unless otherwise described below:
a. Produced PDFs will be in the form of one PDF file per DOCUMENT, multi -page as
applicable.
b. All produced PDF will be produced at 300 dpi resolution or greater.
C. All DOCUMENTS shall and reflect to the extent practicable, without visual
degradation, the full and complete information contained on the original
DOCUMENT.
d. A produced PDF will not be encrypted, or otherwise include settings to impair
searchability, copying or print.
e. To the extent that an ESI DOCUMENT contains color in a manner that is material to
the meaning of understanding of the DOCUMENT, such ESI DOCUMENT will be
produced with the color preserved.
For DOCUMENTS that cannot be converted to a pdf without material loss in data or
presentation (i.e., spreadsheets, presentations, databases), you are instructed to produce
native files. Additionally, a pdf placeholder for each native DOCUMENT shall be included
in the production.
9. Parent -child relationships (i.e., emails and attachments) must be preserved. Email
attachments must be produced with the parent email and families will be associated using
attachment range metadata. The relationship of DOCUMENTS in a DOCUMENT
collection (i.e., email and attachments, cover letter and enclosures) shall be maintained. If
more than one level of parent -child relationship exists, DOCUMENTS will be kept in order,
but all will be treated as children of the initial parent DOCUMENT.
10. The following metadata fields shall be included for all ESI (as applicable): BEGNO;
ENDNO; BEGATTACH; ENDATTACH; VOLUME; RECORDTYPE; SENTDATE;
2
ATTACHMENT TO DEPOSITION SUBPOENA FOR BUSINESS RECORDS TO CITY OF LA QUINTA
4
A
7
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SENTTIME; RECEIVEDDATE; RECEIVEDTIME; CREATEDATE; CREATETIME;
LASTMODDATE; LASTMODTIME; MEETING START DATE; MEETING START
TIME; MEETING END DATE; MEETING END TIME; FILEPATH-ALL; AUTHOR;
LASTEDITEDBY; FROM; TO; CC; BCC; SUBJECT; TITLE; CUSTODIAN; ATTACH
COUNT; FILEEXT; FILENAME; FILESIZE; HASH; CONVERSATION INDEX;
REDACTED TIMEZONE PROCESSED; NATIVELINK; FULLTEXT.
11. All produced ESI DOCUMENTS will include a legible, unique page identifier ("Bates
Number") electronically stamped onto each page at a location that is reasonably intended to
not obliterate, conceal, or interfere with any information on the DOCUMENT. If a
DOCUMENT is produced in native format, a pdf placeholder for each native DOCUMENT
shall be included in the production which contains the unique page identifier.
12. Each produced file will be named with the beginning Bates Number. If a DOCUMENT is
produced in native format, that DOCUMENT shall be produced using the Bates Number as
the name.
13. Each production must include load files that are compatible with commercially acceptable
standards, including a `Concordance DAT/OPT' loadfile and a `Summation DII' loadfile, to
accompany the produce DOCUMENTS. Each loadfile shall include metadata and other
information about the produced DOCUMENTS through a DOCUMENT management or
litigation support database system.
14. For each produced DOCUMENT, you are instructed to produce extracted text files
reflecting the full text that has been electronically extracted from the original electronic file
(for example, extracted or OCRed text shall be embedded in the PDF file in an accessible
text layer). The OCR and extracted text files shall be produced in a manner suitable for
importing the information into commercially available DOCUMENT management or
litigation support software.
15. Files that must be redacted pursuant to any applicable protective order or applicable law,
should be produced as PDFs in redacted form, with applicable PDF text layers, containing
extracted or OCRed text acquired after redaction. Native DOCUMENTS corresponding
with redacted DOCUMENTS may be withheld from production, or a party may employ
native redaction techniques so long as the method of redaction employed does not
significantly impair the usability or searchability of the redacted item and the fact of
alteration is disclosed. Redactions must be logged in the manner of any other responsive
material withheld on claims of privilege.
16. To the extent that a DOCUMENT cannot be produced due to technical difficulties (such as
corruption, password protection, digital rights management, or proprietary software
associated to the file), each such DOCUMENT shall be identified on a log which includes
the file name, custodian, and reason for the file's inclusion on the log (i.e., corrupted).
17. To the extent any DOCUMENT request calls for employment information of third parties,
please redact the third parties last name and any personal employment information
(including social security number, date of birth, compensation, etc.).
ATTACHMENT TO DEPOSITION SUBPOENA FOR BUSINESS RECORDS TO CITY OF LA QUINTA
1
2
3
4
5
6
7
8
9
10
11
121
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DEFINITIONS
1. "DOCUMENT" or "DOCUMENTS" means and refers to all "writings," as that term
is defined in Section 250 of the California Evidence Code as follows:
"Writing" means handwriting, typewriting, printing, photostating, photographing,
photocopying, transmitting by electronic mail or facsimile, and every other means of
recording upon any tangible thing, any form of communication or representation,
including letters, words, pictures, sounds, or symbols, or combination thereof, and any
record thereby created, regardless of the manner in which the record has been stored.
"DOCUMENT" or "DOCUMENTS" further means and includes, but is limited to, each and
every form in which information is kept, however produced, reproduced or stored, in your actual or
constructive possession, custody or control, and whether prepared, published or released by you or
by any other person or entity, including but not limited to, letters, reports, agreements,
correspondence, intra-office or inter -office correspondence, telegrams, minutes or records of
meetings, reports or summaries of investigations, expressions or statements of policy, opinions or
reports of consultants, lists, drafts, revisions, invoices, receipts, original and preliminary notes,
preliminary sketches, records, ledgers, contracts, bills of lading, bills, inventories, financial data,
maps, memoranda, accounting and financial records, diaries, journals, calendars, statements, work
papers, videotapes, audiotapes, photographs, pamphlets, brochures, advertisements, trade letters,
press releases, drawings, recaps, tables, articles, summaries of conversations, electronic mail
messages, computer cards, tapes, disks, and any other means of electronically or magnetically
maintained information, and printouts. "DOCUMENT" and "DOCUMENTS" includes, without
limitation, all originals and non -identical copies.
2. The terms "COMMUNICATION" or "COMMUNICATE" include or request information
relating to all oral COMMUNICATIONS and DOCUMENTS, including, but not limited to, face-to-face
COMMUNICATION, telephone COMMUNICATIONS, text messages, emails, COMMUNICATIONS
transmitted via facsimile, messages transmitted via a computer, or any other correspondence, whether or not
any such DOCUMENT, or the information contained therein, was transmitted by its author to any other
person.
4
ATTACHMENT TO DEPOSITION SUBPOENA FOR BUSINESS RECORDS TO CITY OF LA QUINTA
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
26
27
28
3. The term "PERSON" shall mean and include a natural person, partnership, joint venture,
corporation, estate, trust, receiver, syndicate or any other group or combination acting as a unit or acting as a
form of legal entity, its agents or employees.
4. "YOU", "YOUR", or "Responding Party" shall mean CITY OF LA QUINTA, its agents, its
subsidiaries, it affiliated entities, employees, insurance company(ies), attorneys, accountants, advisors,
investigators, consultants and experts identified in this action pursuant to C.C.P. §§ 2034.210, et seq.
5. The term "PROJECT" shall mean and include the ongoing development and construction
project commonly known as SilverRock La Quinta, the SilverRock Resort Area or the Talus development
located in La Quinta, California (the "Project").
DOCUMENTS TO BE PRODUCED
REQUEST FOR PRODUCTION NO. 1:
All executed Purchase, Sale, and Development Agreements related to the Project.
REQUEST FOR PRODUCTION NO.2:
All executed amendments to the Purchase, Sale, and Development Agreements related to the
Project.
REQUEST FOR PRODUCTION NO. 3:
All executed DOCUMENTS that relate or refer to the development of the Project.
REQUEST FOR PRODUCTION NO. 4:
All executed DOCUMENTS that relate or refer to the construction the Project.
REOUEST FOR PRODUCTION NO.
All DOCUMENTS that related or refer to financing or capitalization for the Project.
REQUEST FOR PRODUCTION NO. S:
All construction schedules that relate or refer to the Project.
REQUEST FOR PRODUCTION NO.7:
All payment schedules that relate or refer to the Project.
REQUEST FOR PRODUCTION NO.8:
All DOCUMENTS and COMMUNICATIONS that relate or refer to any defaults on
payment to YOU related to the Project.
5
ATTACHMENT TO DEPOSITION SUBPOENA FOR BUSINESS RECORDS TO CITY OF LA QUINTA
ti
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
26
27
28
REQUEST FOR PRODUCTION NO.9:
All DOCUMENTS and COMMUNICATIONS that relate or refer to curing of any defaults
on payment to YOU related to the Project.
REQUEST FOR PRODUCTION NO. 10:
All DOCUMENTS and COMMUNICATIONS that relate or refer to any defaults related to
the development on the Project.
REQUEST FOR PRODUCTION NO. 11:
All DOCUMENTS and COMMUNICATIONS that relate or refer to curing of any defaults
related to the development on the Project.
REQUEST FOR PRODUCTION NO. 12:
All DOCUMENTS and COMMUNICATIONS that relate or refer to any defaults related to
the construction on the Project.
REQUEST FOR PRODUCTION NO. 13:
All DOCUMENTS and COMMUNICATIONS that relate or refer to curing of any defaults
related to the construction on the Project.
REQUEST FOR PRODUCTION NO. 14:
All issued Purchase, Sale, and Development Agreements related to the Project.
REQUEST FOR PRODUCTION NO. 15:
All issued amendments to the Purchase, Sale, and Development Agreements related to the
Project.
6
ATTACHMENT TO DEPOSITION SUBPOENA FOR BUSINESS RECORDS TO CITY OF LA QUINTA