Loading...
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. 60615167A 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. 60615167A 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. 60615167A 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. 60615167A 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. 60615167.v2 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. 60615167.v2 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. 60615167.v2 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 60615167A provided. Further, this Subpoena excludes any and all DOCUMENTS which relate to, refer to, or concern billing, invoices, 60615167.v2