Blasdel Guinan 2022-10-07 - Subpoena Case No. PSC1905078 (Flores)BLASDEL GUINAN
LAWYERS
A PROFESSIONAL CORPORATION
P.O. Box 1747
Palm Springs, California 92263
Telephone (760) 320-0111 / Facsimile (760) 320-021 1
Diane C. Blasdel, Esq.
diane - bgdesertlow.com
Carlos Flores
City of La Quinta
Attn: City Clerk or Deputy City Clerk
78495 Calle Tampico
La Quinta, CA 92253
September 29, 2022
COVER LETTER TO SUBPOENA
1OC.T 922 AH9:06
Eric J. Guinan, Esq.*
ericbgdesertlaw.com
*Aso admitted to practice in Washington
Re: James Scott Morrow, et al. vs. Brent Dill and Eileen Dill, et al.; Case No. PSC1905078
Property: 55075 Monroe Street, La Quinta, Riverside County, CA
Please be advised that you are being served with the enclosed Deposition Subpoena for
your appearance and document production. While we have unilaterally scheduled your
deposition, we realize you may not be available on that specific date and we are amenable to
reschedule your deposition to a date and time that is mutually convenient for you, and all other
counsel in this matter. Please do not hesitate to contact our office by phone or email and we will
work with you, and the various attorneys in this action, to re -set the deposition for a mutually
convenient for all calendars. Thank you.
Very truly yours,
BLASDEL GUINAN LAWYERS
/s/
Diane C. Blasdel
DCB/js
Enclosure: Deposition Subpoena
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-DIANE C.-BLASDEL, ESQ., SBN 157211
ERIC J. GUINAN, ESQ., SBN 241466
BLASDEL GUINAN LAWYERS
P.O. Box 1747
PALM SPRINGS, CA 92263
TELEPHONE: (760) 320-01 1 1
FACSIMILE: (760) 320-021 1
EMAIL: D[AN E�7u BGDESERTLAW.COM
EMAIL: ERIC@BGDESERTLAW.COM
ATTORNEYS FOR DEFENDANT, BRENT DILL AND EILEEN DILL, AS CO -TRUSTEES OF THE DILL
FAMILY 2015 TRUST, DATED SEPTEMBER 8, 2015 AND CROSS -COMPLAINANTS, BRENT DILL,
INDIVIDUALLY AND AS CO -TRUSTEE OF THE DILL FAMILY 2015 TRUST, DATED SEPTEMBER 8,
2015; EILEEN DILL, INDIVIDUALLY AND AS CO -TRUSTEE OF THE DILL FAMILY 2015 TRUST,
DATED SEPTEMBER 8, 2015
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF RIVERSIDE - PALM SPRINGS
JAMES SCOTT MORROW, an individual;
DANIELLE MORROW, an individual; and
MORROW RANCH LA QUINTA, LLC, a
California limited liability company,
Plaintiffs,
VS.
BRENT DILL and EILEEN DILL, as Co -
Trustees of the Dill Family 2015 Trust, dated
September 8, 2015; SUSAN HARVEY, an
individual; DESERT PACIFIC PROPERTIES,
INC., a California corporation; MARK A.
LADEDA, an individual; PAULA L.
ZIEGLER, individually and as Successor
Trustee of the Mark A. Ladeda Separate
Property Trust, dated November 11, 2014;
TALLY RANCH INC., a Nevada corporation;
M Er P VENTURES #1, Inc., a Nevada
corporation; and DOES 1-60, inclusive,
Defendants.
AND ALL CROSS -RELATED ACTIONS
CASE NO.: PSC 1905078
[UNLIMITED ACTION]
NOTICE OF TAKING THE
DEPOSITION OF CARLOS FLORES
WITH THE CITY OF LA QUINTA, A
THIRD PARTY WITNESS; AND
REQUEST FOR PRODUCTION OF
DOCUMENTS §§ PURSUANT TO CCP
2020.010-2020.510
Date: October 19, 2022
Time: 1:30 p.m.
Place: Remotely
Notice of Taking Depo
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II TO ALL PARTIES AND THEIR COUNSEL -OF -RECORD: - -
PLEASE TAKE NOTICE that pursuant to California Code of Civil Procedure Sections
2020.010-2020.610, 2019, and 2025,010 through 2025.620, Defendants BRENT DILL
and EILEEN DILL, as Co -Trustees of the Dill Family 2015 Trust, dated September 8, 2015
("Defendants"), will take the deposition of third -party witness, CARLOS FLORES WITH
THE CITY OF LA QUINTA, in the above -entitled action, on October 19, 2022, at 1 :30
p.m., and to be held remotely, and to be held remotely, and will be taken upon oral
examination before any notary public or other officer duly commissioned by the State of
California to administer oaths by stenographic method. Defendants reserve the right to
record the deposition testimony by videotape for use at trial, pursuant to California Code
of Civil Procedure section 2025.220(a)(6), with respect to the following subject matters:
1. All matters related to the property located at 55075 Monroe Street, La
Quinta, California 92253.
The deposition will continue day to day thereafter until completed, with the
exception of weekends, holidays, and/or until a mutually -agreed upon date has been
chosen by the parties.
The deponent is a third -party witness and has been served with a deposition
subpoena, a copy of which is attached hereto.
NOTICE IS FURTHER GIVEN THAT, pursuant to Code of Civil Procedure sections
2025.220(4) and 2025.280, the deponent is required to produce certain documents for
inspection and copying. The documents the deponent is required to produce at the
deposition are set forth on Attachment "3" attached to the enclosed Subpoena.
PLEASE TAKE FURTHER NOTICE THAT:
1. The deposition will be conducted remotely, using audio-visual conference
technology, pursuant to Code of Civil Procedure §2025.220 and §2025.330;
2. The court reporter will report the deposition from a location separate from the
witness;
%•�:2I
Notice of Takinsa DeDo
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3. Counsel for the parties and the! rclients will be participating from various; -separate -
locations;
4. The court reporter will administer the oath to the witness remotely;
5. The witness will be required to provide government -issued identification
satisfactory to the court reporter, and this identification must be legible on camera;
6. Each participating attorney may be visible to all other participants, and their
statements will be audible to all participants;
7. All exhibits will be provided simultaneously to the witness and all participants;
8. The court reporter will record the testimony, pursuant to Code of Civil Procedure
§2025.220;
9. Instant visual display of testimony may be used pursuant to Code of Civil Procedure
§2025.220;
10. The audio-visual recording may be used at trial, pursuant to Code of Civil Procedure
§2025.620;
1 1 . The deposition may be recorded electronically; and
12. Counsel for all parties will be required to stipulate on the record:
a. Their consent to this manner of deposition; and
b. Their waiver of any objection to this manner of deposition, including any
objection to the admissibility at trial of this testimony based on this manner of deposition.
NOTICE IS FURTHER GIVEN that under California Code of Civil Procedure §§
2025.220(a)(5) and 2025.220(a)(6), the deposition may be recorded by videotape, and
that under California Code of Civil Procedure § 2025.620(d), the videotape record of this
deposition may be used at trial. If an interpreter is required to translate testimony, notice
of the same must be given before the deposition date, and the specific language and/or
dialect thereof designated.
This deposition shall commence on aforementioned date(s) via remote means and
a remote link will be provided to the witness and all counsel via a separate email prior to
1
Notice of Taking Depo
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' the deposition date.
Dated: September 28, 2022 BLASDEL GUINAN LAWYERS
By:b-O-t'tt 0 .
Diane C. Blasd I, Counsel for
Defendants, B ENT DILLand EILEEN DILL,
etc.
2 Notice of Taking Depo
SUBP-020
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): [ FOR COURT USE ONLY
DIANE C. BLASDEL, ESQ., SBN 157211
BLASDEL GUINAN LAWYERS
PALM SPRINGS, CA 92263
TELEPHONENO.: 760-320-0111 FAX NO. (Optional): !I
E-MAIL ADDRESS (Optional): dlane@bgdesertlaw.com
ATTORNEY FOR (Name): Defendants/Cross—Defendants: BRENT DILL
SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE
STREETADDRESs: 3255 E. Tahquitz Canyon Way
MAILING ADDRESS:
CITYANDZIPCODE: Palm Springs, CA 92262
BRANCH NAME: Palm Springs
PLAINTIFF/PETITIONER:JAMES SCOTT MORROW, an individual;
DANIELLE MORROW, an individual; and MORROW RA
DEFENDANT/RESPONDENT:BRENT DILL and EILEEN DILL, as Co
DEPOSITION SUBPOENA CASE NUMBER:
FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS PSC1905078
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known):
Carlos Flores, City of La Quinta Senior Planner, Dept. of Design & Development via Authorized Agent: City Clerk or
Deputy City Clerk at La Quinta City Hall, 78495 Calle Tampico, La Quinta, CA 92253
YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and place:
Date: 10/19/2022 Time: 1:30 p.m. Address: Remote, via Zoom (a Zoom link will be
2rovided prior to the deposition.)
a.! As a deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as
to the matters described in item 4. (Code Civ. Proc., § 2025.230.)
b. EU You are ordered to produce the documents and things described in item 3.
c. M This deposition will be recorded stenographically through the instant visual display of testimony
and by FX� audiotape FX videotape.
d. X_1 This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d).
The personal attendance of the custodian or other qualified witness and the production of the original records are required by this
subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient compliance
with this subpoena.
3. The documents and things to be produced and any testing or sampling being sought are described as follows:
SEE ATTACHMENT 3.
C Continued on Attachment 3.
4, If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described
asfollows: All matters related to the property located at 55075 Monroe Street, La
(2uinta, California 92253
= Continued on Attachment 4.
5. 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 1986.6 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.
6. At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition; later they are
transcribed for possible use at trial. You may read the written record and change any incorrect answers before you sign the deposition. You are entitled
to receive witness fees and mileage actually traveled both ways. The money must be paid, at the option of the party giving notice of the deposition,
either with service of this subpoena or at the time of the deposition. Unless the court orders or you agree otherwise, if you are being deposed as an
individual, the deposition must take place within 75 miles of your residence or within 150 miles of your residence if the deposition will be taken within the
county of the court where the action is pending. The location of the deposition for all deponents is governed by Code of Civil Procedure section
2025.250.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE
FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO 05W.
Date issued: SEPTEMBER 28, 2022 /
(SIGNATUR OF PERSON ISSUING SUBPOENA)
DIANE C. BLASDEL ES SBN 157211 Attorne for rent Dill and Eileen Dill
(TYPE OR PRINT NAME) (Proof of service on reverse) rf1TLE) Pago 1 of 2
Form Adopted for Mandatory Use DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE Code ofCivil Procedure §§2020,510,
JudSUBP-020 [Rev. Januaryial Council of i1, California AND AND PRODUCTION OF DOCUMENTS AND THINGS 2025220 2Govemme°t Code, 25.250, §aaeo9i
Sn of ' ns-
rk P�uS
ATTACHMENT "Y'
DEFINITIONS AND INSTRUCTIONS
1. "YOU" and "YOUR" means CARLOS FLORES and any PERSON (which, as used in these
requests, the term "PERSON" as used herein means in the plural as well as the singular and natural
person, firm, association, partnership, corporation, public entity, or any other form of legal entity or
governmental body unless the context indicates otherwise) acting on YOUR behalf, including but
not limited to agents, employees, the fire department, attorneys, accountants, investigators, partners,
representatives, subcontractors, vendors, and insurance companies.
2. "DOCUMENT" and "DOCUMENTS" means a writing, as defined in California Evidence
Code §250, and includes the original or a copy of handwriting, typewriting, printing, photostatic,
photographing, facsimile, tape recording, computer disks or magnetic tape, and any other means of
recording upon any tangible thing in form of communication or representation, including letters,
words, pictures, sounds or symbols, or combination thereof which is in your possession, custody or
control, or which you have a right or privilege to examine upon request or demand. The terms
"DOCUMENT" or "DOCUMENTS" also includes any information contained or stored in memory
of computer systems or otherwise stored on electronic media including, but not limited to, hard
disks, CD ROMS, diskettes, flash/thumb drives or other removable media. Further,
"DOCUMENTS" shall include all manner of electronically stored information, or "ESI." To the
extent these requests seek e-mails, letters, communications, log, files or other DOCUMENTS that
exist only in electronic format, the propounding party requests that the responding party produce
searchable PDF electronic versions thereof. 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.
3. "RELATE TO" or "REFER TO" or "CONCERN" means consisting of, referring to,
evidencing, containing, discussing, showing, reflecting, conferring, relating or referring to in any
way, directly or indirectly, and when used in reference to the DOCUMENTS, also include
DOCUMENTS underlying, supporting, necessary for the understanding or, now or previously
attached or appended to, or used in the preparation of any document referred to or requested by any
request.
4. "COMMUNICATION" or "COMMUNICATIONS" mean and refer to any contact between
two or more persons, which shall include, without limitation, written contact by such means as
letters, memoranda, telegrams, telex, phone messages, facsimiles, emails, or other DOCUMENTS
5. "PROPERTY" means that real property located at 55075 Monroe Street La Quinta,
California 92253 (the "Property").
DOCUMENTS TO BE PRODUCED
1. ANY ALL APPLICATIONS FOR BUILDING PERMITS FOR THE PROPERTY
LOCATED AT 55075 Monroe Street, La Quinta, California 92253 ("THE PROPERTY").
2. ANY AND ALL PERMITS ISSUED FOR THE PROPERTY.
3. ANY AND ALL PERMITS NOT FINALED FOR THE PROPERTY.
4. ANY AND ALL PERMITS FINALED FOR THE PROPERTY.
5. ANY AND ALL CODE VIOLATIONS FOR THE PROPERTY SINCE 2015.
6. ANY AND ALL BASES FOR THE "RED TAG" OF THE PROPERTY.
7. ANY AND ALL COMPLAINTS RECEIVED FROM ANY THIRD PARTY RECEIVED
BY THE CITY OF LA QUINTA PERTAINING TO THE PROPERTY SINCE 2016.
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DECLARATION OF -SERVICE
MORROW v. DILL et al. I Case No: PSC 1905078
STATE OF CALIFORNIA, COUNTY OF RIVERSIDE
I am employed in the county of aforesaid; I am over the age of eighteen years
and not a party to the within entitled action; my business address is P.O. Box 1747,
Palm Springs, CA 92263.
On September 28, 2022, 1 served the following document(s) described as
NOTICE OF TAKING THE DEPOSITION OF CARLOS FLORES WITH THE CITY OF LA
QUINTA, A THIRD PARTY WITNESS; AND REQUEST FOR PRODUCTION OF
DOCUMENTS §§ PURSUANTTO CCP 2020.010-2020.510 on the interested party(ies)
in this action by placing ❑ the originals / [E true copies thereof enclosed in sealed
envelopes and/or packages addressed as follows:
SEE ATTACHED SERVICE LIST.
BY MAIL: I am "readily familiar" with the firm's practice of collection and
processing correspondence for mailing. Under that practice it would be
deposited with the U.S. postal service on that same day with postage thereon
fully prepaid at Palm Springs, California in the ordinary course of business. I am
aware that on motion of the party served, service is presumed invalid if postal
cancellation date or postage meter date is more than one day after date of
deposit for mailing in affidavit.
XX VIA ELECTRONIC SERVICE [C.C.P. §1010.61: by electronically mailing the
document(s) described above to the e-mail address(es) set forth above, or as
stated on the attached mailing/service list, per agreement pursuant to Code o
Civil Procedure §1010.6.
VIA OVERNIGHT DELIVERY: I caused such document to be delivered overnight
to the above -named person.
XX STATE: I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Executed on September 28, 2022, at Palm Springs California. L:)
XI
Jo ce . mrth
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Counsel for Plaintiffs, JAMES SCOTT
MORROW, an individual; DANIELLE
MORROW, an individual; and
MORROW RANCH LA„QUI.NTA,LLC, a
California limited liability company
John J. Flynn, III, Esq.
Gregory W. Sanders, Esq.
NOSSAMAN LLP
18101 Von Karman Ave., Suite 1800
Irvine, CA 92612
Telephone: 949.833.7800
Facsimile: 949.833.7878
Email: jflynnCa)nossaman.com;,
q sa nd ers2 nossa m a n. co m
Counsel for SUSAN HARVEY, an
individual, DESERT PACIFIC
PROPERTIES, INC., a California
corporation
Anna G. Kudla, Esq.
WALSWORTH WFBM, LLP
One City Boulevard West, Fifth Floor
Orange, CA 92868
Tel: (714) 634-2522 ext. 3369
Email: agkudla@wfbm.com and
raverill(@vvfbm.com
Allegra P. Aguirre, Esq.
WFBM, LLP
255 California Street, Suite 525
San Francisco, CA 941 1 1-4928
Telephone: (415) 781-7072
Facsimile: (415) 391-6258
Email: aaguirre2vvfbm.com
Attorneys for CROSS -DEFENDANTS
FORBES Et ASSOCIATES REALTY
GROUP and RYAN A. HALL
Peter A. Martin
MURCHISON Er CUMMING, LLP
18201 Von Karman Avenue, Suite 950
Irvine, California 92612-1077
Telephone: (714) 972-9977
Facsimile: (714) 972-1404
E-Mail pmartin@murchisonlaw.com
Counsel for Plaintiffs JAMES SCOTT
MORROW an individual• DANIELLE
MORROW an individual• and
MORROW RANCH LA O.UINTA, LLC, a
California limited Ilataill company
Gabriela S. Perez, Esq.
NOSSAMAN LLP
777 S. Figueroa Street, 34th Floor
Los Angeles, CA 90017
Telephone: 213.612.7800
Facsimile: 213.612.7801
Email: gperez@nossaman.com
Counsel for ❑efendantlCross-
ComnlainantlCross-Defendant, PA_ULA L.
ZIEGLER, individually and as Successor
Trustee of the Mark A. Ladeda Se arate
Property Trust dated November 11 2014
Charles M. Clark, Esq.
JACKSON TITUS, A LAW CORP.
2030 Main Street, 12th Floor
Irvine, CA 92614
D: 949.851 .7659
T: 949.752.8585
F: 949.752.0597
Email: cc_lark@iacksontidus.law
PAY TO THE
ORDER OF
MEMO
ORIGINAL D0Ci1ME11T PRINTED DN CNEM3CAi REACTIVE PAPER Yi.iTry HEAT SENSITIVE IHk HARD iC6N.Ai1D AIICROp111NTEp BORDpR
MC Drive, bte 2-16
Palm Springs, CA 92262
760-866-9182
90-49/1220
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