Subpoena for Records 2022-08-11 - 55075 Monroe StSUBP-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
JOHN J. FLYNN III (SBN 76419) GABRIELA S. PEREZ (SBN 322161)
NOSSAMAN LLP
18101 Von Karman Avenue, Suite 1800
Irvine, CA 92612
TELEPHONE NO : 949-833-7800 FAX NO: 949-833-7878
E-MAILADDRESS: gsanders@nossaman.com;gperez@nossaman.com
ATTORNEY FOR (Name): Plaintiffs JAMES SCOTT MORROW, an individual, et al.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE
STREETADDRESS: 4050 Main Street
MAILING ADDRESS: same as above
CITY AND ZIP CODE: Riverside, CA 92501
BRANCH NAME: Historic Courthouse
PLAINTIFF/PETITIONER: JAMES SCOTT MORROW, an individual, et al.
DEFENDANT/RESPONDENT: BRENT DILL and EILEEN DILL, et al.
DEPOSITION SUBPOENA
FOR PRODUCTION OF BUSINESS RECORDS
FOR COURT USE ONLY
CASE NUMBER:
PSC1905078
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known):
CITY OF LA QUINTA, 78495 Calle Tampico, La Quinta, CA 92253 (760) 777-7000
1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3, as follows:
To (name of deposition officer): First Legal Records
On (date): August 26, 2022
Location (address): 1511 W. Beverly Blvd., Los Angeles, CA 90026; (87
At (time): 10:00 a.m.
7) 591-9979
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 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. ❑ 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):
® 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: August 11, 2022 f
Gabriela S. Perez f�J(f
(TYPE OR PRINT NAME) (SIGNATURE OF PERSON ISSUING SUBPOENA)
Attorney for Plaintiffs JAMES SCOTT MORROW, et al.
(TITLE)
_ (Proof of service on reverse) Page 1 of 2
Form Adopted for Mandatory Use DEPOSITION SUBPOENA FOR PRODUCTION Code of Civil Procedure, §§2020.410-2020.440;
Judicial Council of California Government Code, § 68097.1
SUBP-010 [Rev. January 1, 2012] OF BUSINESS RECORDS wwwcourts- ca.gov
SUBP-010
PLAINTIFF/PETITIONER: Plaintiffs JAMES SCOTT MORROW, an individual, et al.
DEFENDANT/RESPONDENT: BRENT DILL and EILEEN DILL, et al.
CASE NUMBER:
PSC 1905078
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) ❑ 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. ❑ Not a registered California process server.
b. ❑ California sheriff or marshal.
C. ❑ Registered California process server.
d. ❑ Employee or independent contractor of a registered California process server.
e. ❑ 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
ATTACHMENT 3
INSTRUCTIONS AND DEFINITIONS
This request covers all DOCUMENTS (as defined below) in YOUR possession,
custody or control, including but not limited to DOCUMENTS held on your behalf by your
employees, agents, attorneys or representatives of any kind, wherever those documents are
located.
As used herein, the following terms shall have the meanings set forth below:
a. "YOU", "YOUR", "YOURS," or "CITY" shall mean City of La Quinta,
its departments/divisions, and any PERSON acting on the City of La Quinta's behalf,
including but not limited to employees, former employees, agents, accountants, attorneys,
investigators, subcontractors, vendors, insurance companies, representatives, predecessors,
successors, and all other persons, corporations, or other entities under its direction, custody or
control or any other person or entity acting on its behalf.
b. "PROPERTY" shall mean and refer to the real property located at 55075
Monroe Street, La Quinta, California 92253.
C. , "PERSON" or "PERSONS" shall include natural persons, corporations,
public corporations, municipal corporations, the federal government and all departments and
agencies thereof, state and local governments and departments and agencies thereof, other
governmental departments and agencies, political subdivisions, partnerships, groups, joint
ventures, associations, organizations, companies, firms, businesses and any other form of
business or entity.
d. "DESERT PACIFIC" shall mean and refer to Desert Pacific Properties,
Inc., a California corporation, and shall include any of its officers, directors, principals, servants,
employees, former employees, agents, accountants, attorneys, representatives, subsidiaries,
predecessors, successors, and all other persons, corporations, or other entities under its direction,
custody or control or any other person or entity acting on its behalf.
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e. "HK LANE" shall mean and refer to HK Lane/Christie's International,
HK Lane La Quinta, Inc., or HK Lane Palm Desert, Inc., and shall include any of its
officers, directors, principals, servants, employees, former employees, agents, accountants,
attorneys, representatives, subsidiaries, predecessors, successors, and all other persons,
corporations, or other entities under its direction, custody or control or any other person or entity
acting on its behalf.
f. Any and all COMMUNICATIONS between YOU and Paula Ziegler
about the PROPERTY from September 1, 2003 to the Present.
g. "DOCUMENT" or "DOCUMENTS" means all written, recorded or
graphic materials of every kind as defined by California Evidence Code § 250, including but not
limited to any letter, memorandum, report, intraoffice or interoffice communication, electronic
mail ("e-mail"), handwritten or other notes, working papers, transcription, draft, account, ledger,
application, permit, chart, paper, survey, index, tape, disc, photograph, audiotape, videotape, data
sheet, computer printout, computer program and data files, microfilm, microfiche,
correspondence, mailers, ledger cards, business records, diaries, calendars, address and telephone
records, drawings and charts and other data compilations. The term "other data compilations"
includes information stored in, or accessible through computer or other information retrieval
systems, whether or not in hard copy form, together with instructions and other materials
necessary to use or interpret such data compilations. If more than one copy of a document exists,
and if as a result of handwritten additions and notations, or for any other reason, the copies are
not identical, provide each unidentical copy. If the complete original is not available, then a
complete copy should be produced with any portion of the original which is available.
The terms DOCUMENT and DOCUMENTS include original documents and
copies of original documents. The DOCUMENTS and other materials requested in the within
action include such items as are in YOUR possession, custody or control and the possession,
custody or control of any person acting on YOUR behalf, including but not limited to YOUR
attorneys.
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h. "ESI" means and refers to all forms of electronically stored information,
including but not limited to e-mail, web pages, word-processing files, audio and video files,
images computer databases, and anything that is stored on a computing device, including but not
limited to servers, desktops, laptops, cell phones, hard drives, flash drives, PDAs, and MP3
players. "ESP' shall also mean any information that exists in a medium that can only be read
through the use of computers. Such media include cache memory, magnetic disks (such as
computer hard drives or floppy disks), optical disks (such as DVDs or CDs) and magnetic tapes
and the like.
"COMMUNICATION" or "COMMUNICATIONS" shall mean any
transmission or exchange of information between two or more persons, whether orally or in
writing, including without limitation any conversation or discussion by means of letter, note,
memorandum, instant messaging, texts, telephone, telegraph, telex, telecopies, cable
communicating data processors, e-mail, some other electronic or other medium, or other
DOCUMENTS.
j. "RELATING TO" and "RELATE TO" means in whole or in part
constituting, defining, evidencing, mentioning, containing, describing, concerning, Discussing,
embodying, reflecting, edifying, analyzing, stating, referring to, dealing with, or in any way
pertaining to.
3. "RELEVANT TIME PERIOD" means the time period from September 1, 2003 to
September 11, 2017.
4. If YOU believe that all or any part of a request for documents would invade
any privilege which YOU desire to assert, YOU shall provide a log of DOCUMENTS you
contend are privileged, as provided by California Code of Civil Procedure section
2031.240, including the particular privilege, a description of the DOCUMENTS, the date
of the DOCUMENTS, the person or person who authored the DOCUMENT and the person
or persons to whom the DOCUMENT was communicated, and a description of the basis
on which the DOCUMENT is being withheld.
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5. Pursuant to California Code of Civil Procedure section 2031.230, if any
DOCUMENT described in this request was, but no longer is, in YOUR possession or subject to
YOUR custody or control, or in existence, and YOU are unable to comply with the request
because of this, then state that: (a) it never existed; (b) it has been destroyed; (c) it has been lost,
misplaced or stolen; (d) it never has been, or no longer is, in your possession or control; (e) it has
been disposed of otherwise; or (f) it was transferred to others.
In each instance, explain the circumstances surrounding such disposition, and
identify the person having possession, custody, or control of that DOCUMENT, item, or
category. For each such DOCUMENT, YOU are requested to describe it with sufficient
particularity as required by California Code of Civil Procedure section 2031.240.
DOCUMENTS TO BE PRODUCED
Any and all DOCUMENTS RELATING TO property inspections RELATING
TO the PROPERTY from September 1, 2003 to the Present.
Any and all COMMUNICATIONS RELATING TO property inspections
RELATING TO the PROPERTY from September 1, 2003 to the Present.
Any and all DOCUMENTS RELATING TO building permit applications
submitted to YOU RELATING TO the PROPERTY from September 1, 2003 to the Present.
4. Any and all COMMUNICATIONS RELATING TO building permit applications
submitted to YOU RELATING TO the PROPERTY from September 1, 2003 to the Present.
Any and all DOCUMENTS RELATING TO temporary building permit
applications submitted to YOU RELATING TO the PROPERTY from September 1, 2003 to
the Present.
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6. Any and all COMMUNICATIONS RELATING TO temporary building permit
applications submitted to YOU RELATING TO the PROPERTY from September 1, 2003 to
the Present.
7. Any and all temporary building permits issued by YOU RELATING TO the
PROPERTY from September 1, 2003 to the Present.
8. Any and all DOCUMENTS RELATING TO construction permit applications
submitted to YOU RELATING TO the PROPERTY from September 1, 2003 to the Present.
9. Any and all COMMUNICATIONS RELATING TO construction permit
applications submitted to YOU RELATING TO the PROPERTY from September 1, 2003 to
the Present.
10. Any and all construction permits issued by YOU RELATING TO the
PROPERTY from September 1, 2003 to the Present.
11. Any and all DOCUMENTS RELATING TO temporary construction permit
applications submitted to YOU RELATING TO the PROPERTY from September 1, 2003 to
the Present.
12. Any and all COMMUNICATIONS RELATING TO temporary construction
permit applications submitted to YOU RELATING TO the PROPERTY from September 1,
2003 to the Present.
13. Any and all temporary construction permits issued by YOU RELATING TO the
PROPERTY from September 1, 2003 to the Present.
14. Any and all DOCUMENTS RELATING TO Short -Term Vacation Rental
applications submitted to YOU RELATING TO the PROPERTY during the RELEVANT
TIME PERIOD.
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15. Any and all COMMUNICATIONS RELATING TO Short -Term Vacation
Rental applications submitted to YOU RELATING TO the PROPERTY during the
RELEVANT TIME PERIOD.
16. Any and all Short -Term Vacation Rental permits, active or suspended, issued to
the PROPERTY during the RELEVANT TIME PERIOD.
17. Any and all Short -Term Vacation Rental citations issued to the PROPERTY
during the RELEVANT TIME PERIOD.
18. Any and all noise ordinance violation reports made RELATING TO the
PROPERTY during the RELEVANT TIME PERIOD.
19. Any and all noise ordinance violation fines issued to the PROPERTY during the
RELEVANT TIME PERIOD.
20. Proof of payment for any and all noise ordinance violation fines made during the
RELEVANT TIME PERIOD RELATING TO the PROPERTY.
21. Any and all violations/fines issued to the PROPERTY during the RELEVANT
TIME PERIOD.
22. Proof of payment for any and all violations/fines RELATING TO the
PROPERTY during the RELEVANT TIME PERIOD.
23. Any building capacity violations/citations issued during the RELEVANT
TIME PERIOD RELATING TO the PROPERTY.
24. Any and all appeals made to YOU during the RELEVANT TIME PERIOD
RELATING TO the PROPERTY.
25. Any and all DOCUMENTS RELATING TO complaints made to the Short -Term
Vacation Rental 24/7 Complaint Reporting Hotline during the RELEVANT TIME PERIOD
RELATING TO the PROPERTY.
26. Any and all DOCUMENTS RELATING TO neighbor complaints made during
the RELEVANT TIME PERIOD RELATING TO the PROPERTY.
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27. Any and all Fire Inspection reports made during the RELEVANT TIME PERIOD
RELATING TO the PROPERTY.
28. Any and all Fire Department approvals RELATING TO the PROPERTY during
the RELEVANT TIME PERIOD.
29. Any and all Outdoor Dining Planning Applications submitted to YOU during the
RELEVANT TIME PERIOD RELATING TO the PROPERTY.
30. Any and all COMMUNICATIONS between YOU and HK LANE
RELATING TO the PROPERTY from September 1, 2003 to the Present.
31. Any and all COMMUNICATIONS between YOU and Kimberly Kelly
RELATING TO the PROPERTY from September 1, 2003 to the Present.
32. Any and all COMMUNICATIONS between YOU and Mark Ziegler
RELATING TO the PROPERTY from September 1, 2003 to the Present.
33. Any and all COMMUNICATIONS between YOU and Mark Ladeda
RELATING TO the PROPERTY from September 1, 2003 to the Present.
34. Any and all COMMUNICATIONS between YOU and Roy Ziegler
RELATING TO the PROPERTY from September 1, 2003 to the Present.
35. Any and all COMMUNICATIONS between YOU and Paula Ziegler
RELATING TO the PROPERTY from September 1, 2003 to the Present.
36. Any and all COMMUNICATIONS between YOU and Paula Ladeda
RELATING TO the PROPERTY from September 1, 2003 to the Present.
37. Any and all COMMUNICATIONS between YOU and Big Sale Group Inc.
RELATING TO the PROPERTY from January 1, 2015 to the Present.
38. Any and all COMMUNICATIONS between YOU and the Dill Family
Trust, dated September 8, 2015, RELATING TO the PROPERTY from January 1, 2015 to
the Present.
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39. Any and all COMMUNICATIONS between YOU and Eileen Dill
RELATING TO the PROPERTY from January 1, 2015 to the Present.
40. Any and all COMMUNICATIONS between YOU and Brent Dill
RELATING TO the PROPERTY from January 1, 2015 to the Present.
41. Any and all COMMUNICATIONS between YOU and DESERT PACIFIC
RELATING TO the PROPERTY from September 1, 2003 to the Present.
42. Any and all COMMUNICATIONS between YOU and Kayli Pierce
RELATING TO the PROPERTY from September 1, 2003 to the Present.
43. Any and all COMMUNICATIONS between YOU and Susan Harvey
RELATING TO the PROPERTY from September 1, 2003 to the Present.
44. Any and all COMMUNICATIONS between YOU and Las Plumas
Developers RELATING TO the PROPERTY from September 1, 2003 to the Present.
45. Any and all COMMUNICATIONS between YOU and Terry Hudgens
RELATING TO the PROPERTY from September 1, 2003 to the Present.
46. Any and all COMMUNICATIONS between YOU and Diana Lazzarini
RELATING TO the PROPERTY from September 1, 2003 to the Present.
47. Any and all COMMUNICATIONS between YOU and Steve Lazzarini
RELATING TO the PROPERTY from September 1, 2003 to the Present.
48. Any and all COMMUNICATIONS between YOU and Desert VIP Services,
Inc. RELATING TO the PROPERTY from September 1, 2003 to the Present.
49. Any and all COMMUNICATIONS made during the RELEVANT TIME
PERIOD to YOU RELATING TO the PROPERTY.
50. Any and all COMMUNICATIONS made during the RELEVANT TIME
PERIOD from YOU RELATING TO the PROPERTY.
This Subpoena does not seek DOCUMENTS and/or COMMUNICATIONS containing
personal financial information, such as bank account numbers, social security numbers or
the like. Such information may be removed from any DOCUMENTS before they are
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provided. Further, this Subpoena excludes any and all DOCUMENTS which relate to, refer
to, or concern billing, invoices,
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