GREEN & HALL, A Professional Corporation MICHAEL J. PEPEK, State Bar No. mpepek@greenhall.com SAMUEL M. DANSKIN, State Bar No. 0 sdanskin@greenhall.com MICHAEL A. ERLINGER, State Bar No. merlinger@greenhall.com 1 East First Street, th Floor Santa Ana, California 0-0 Telephone: (1) -000 Facsimile: (1) - Attorneys for WESTERN NATIONAL CONSTRUCTION SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA 1 1 CILKER APARTMENTS, LLC, CASE NO. CV1 1 vs. Plaintiff, NOTICE OF TAKING DEPOSITION OF GARY PENMAN AND REQUEST FOR PRODUCTION OF DOCUMENTS 0 1 WESTERN NATIONAL CONSTRUCTION, et al., Defendants. AND RELATED CROSS-ACTIONS JUDGE: Hon. Peter H. Kirwan DEPT.: 1 ACTION FILED: December, 01 TRIAL DATE: February 1, 0 DATE: October 1, 0 TIME: :00 AM PLACE: Aiken Welch Hutton Centre, Ste 00 Santa Ana CA TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that, pursuant to California Code of Civil Procedure section 0. et seq., Defendant and Cross-Complainant WESTERN NATIONAL CONSTRUCTION ("Western") by and through its attorneys, will take the deposition of GARY PENMAN at Aiken Welch, Griffin Towers, Hutton Centre, Suite 00, Santa Ana CA 0, on October 1, 0, beginning at :00 a.m. and continuing day to day, except for Saturdays, Sundays and holidays, until completed.
1 1 1 0 1 The deposition shall be taken before a duly certified shorthand reporter and authorized to administer oaths in the State of California. Furthermore, and pursuant to California Code of Civil Procedure section 0.0(a)(), the deposition may be recorded by video technology and may also be recorded through such means as to provide the instant visual display of testimony. If a translator is required for this deposition, Deponent shall notify this noticing party of that fact and the language required at least seven () days prior to the date set for the deposition. A copy of the deposition subpoena is attached hereto. DEFINITIONS AND INSTRUCTIONS As used herein, the term DOCUMENTS shall have the same meaning as writing as defined in Evidence Code Section 0, which means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds or symbols or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. As used herein, the terms "YOU" and "YOUR" shall mean and refer to deponent and his or her agents, employees, contractors, officers, shareholders, directors, owners, attorneys, representatives and all others acting for deponent and/or on deponent's behalf. As used herein, the term "PROPERTY" shall mean One Pearl Place Apartments; APN --0; Terner Way, San Jose CA; 0 Terner Way, San Jose CA; 0 Terner Way, San Jose CA. PLEASE TAKE FURTHER NOTICE that deponent is required to produce the following records, documents, and other things at the time of said deposition: DOCUMENTS TO BE PRODUCED 1. Any and all DOCUMENTS concerning, referencing, or relating to the. Any and all DOCUMENTS relating to the design, services, work, labor, repairs, maintenance, and materials provided by YOU at or for or with respect to the PROPERTY, including but not limited to your job files, building contracts,
1 1 1 0 1 agreements, notes, correspondence, memorandums, e-mails, letters, bids, mechanic liens, photographs, videotapes, diagrams, plans, specifications, shop drawings, "as-built" plans, calculations, journals, invoices, purchase orders, change orders, addenda reports, job diaries, receipts, project files, site records, daily job logs, field orders, superintendent reports, requests for clarification, requests for information, time cards, government inspection punch lists and sign off sheets, and invoices relating to the design, analysis, construction, repair or maintenance for the. Any and all DOCUMENTS relating to inspection or testing conducted at the PROPERTY, including reports, data, photographs and notes.. Any and all DOCUMENTS received by YOU concerning, referring to, or relating to the. Any and all DOCUMENTS sent by YOU concerning, referring to, or relating to the. Your entire file for the. Any and all DOCUMENTS concerning or referring to design drawings, specifications, details, and plans for the PROPERTY, including but not limited to the following drawings, details and plan sheets: civil, geotechnical, grading, architectural, structural, electrical, drainage, landscaping, irrigation, utilities, sewer and storm drain.. Any and all DOCUMENTS exchanged between, submitted by, provided from, or provided to any government agency, department or division and any party or person working, controlling, developing, designing, inspecting, maintaining, constructing or repairing any portion of the. Any and all DOCUMENTS concerning plan checks at the PROPERTY, including but not limited to standard plan check correction lists, special correction lists, and any correspondence, reports or notes regarding, concerning or relating to any plan checks.
1 1 1 0 1. Any and all DOCUMENTS concerning permits or inspections at the PROPERTY, including but not limited to permit requests, permit applications, plan check applications and approvals, records of fees paid, inspection records or jobsite cards, correction notices, stop work notices, notes and communications to or from the inspectors or other building officials relating to the inspections or compliance with any governing authority or regulations.. All DOCUMENTS related, concerning or referencing any repair, maintenance or remediation at the PROPERTY from January 1, 000 to the present. 1. Any and all DOCUMENTS, including but not limited to requests for information, change orders, concerning or referencing the 1. Any and all DOCUMENTS, including but not limited to photographs or video recordings, that depict, capture or display any portion of the 1. Any and all DOCUMENTS relating to any and all complaints, concerns, requests for service, requests for maintenance, or requests for repair concerning, arising out of, or relating to the. Any and all non-privileged DOCUMENTS to, from, concerning, referencing or relating to Cilker Apartments LLC and concerning, referencing or relating to the. Any and all non-privileged DOCUMENTS to, from, concerning, referencing, or relating to Cilker Orchards LLC and concerning, referencing or relating to the DATED: September, 0 GREEN & HALL, APC By: Michael A. Erlinger Attorneys for WESTERN NATIONAL CONSTRUCTION
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): GREEN & HALL, APC Samuel M. Danskin (SBN 0) Michael A. Erlinger (SBN ) 1 E. First Street, th Floor Santa Ana, CA 0 TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: PLAINTIFF/PETITIONER: (1)-000 FAX NO. (Optional): (1)- sdanskin@greenhall.com; merlinger@greenhall.com WESTERN NATIONAL CONSTRUCTION SANTA CLARA 1 N 1st St. (same) San Jose, California SANTA CLARA DOWNTOWN SUPERIOR COURT CILKER APARTMENTS, LLC FOR COURT USE ONLY SUBP-00 DEFENDANT/RESPONDENT: WESTERN NATIONAL CONSTRUCTION, et DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS CASE NUMBER: THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known): Gary Penman, MacArthur Place, Unit 00, Santa Ana CA 0 1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and place: Date: /1/0 Time: :00 AM Address: Aiken Welch, Griffin Towers Hutton Centre, Ste 00, Santa Ana CA 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. (Code Civ. Proc., 0.0.) b. You are ordered to produce the documents and things described in item. c. X This deposition will be recorded stenographically through the instant visual display of testimony and by X audiotape videotape. d. This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 0.0(d).. CV1 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 0(b), 1, and will not be deemed sufficient compliance with this subpoena. The documents and things to be produced and any testing or sampling. being sought are described as follows: See Attachment. X Continued on Attachment. If the witness is a representative of a business or other entity, the matters upon which the witness is to be examined are described as follows: Continued on Attachment.. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION. OR. 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.. 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 miles of your residence or within 0 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 0.0. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF $00 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: September, 0 Michael A. Erlinger Form Adopted for Mandatory Use Judicial Council of California SUBP-00 [Rev. January 1, 00] (TYPE OR PRINT NAME) (Proof of service on reverse) DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS (SIGNATURE OF PERSON ISSUING SUBPOENA) Attorneys for Western National Construction (TITLE) Page 1 of Code of Civil Procedure 00., 0.0, 0.0, 0.0, 0.0; Government Code, 0.1
Cilker Apartments, LLC v. Western National Construction Corp. Attachment DEFINITIONS DOCUMENTS as used herein shall have the same meaning as writing as defined in Evidence Code Section 0, which means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds or symbols or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. The term YOU and YOUR shall mean GARY PENMAN, the person responding to this Deposition Subpoena, and any of his agents, employees, contractors, officers, shareholders, directors, owners, attorneys, representatives and all others acting for him and/or on his behalf. The term PROPERTY shall mean: One Pearl Place Apartments APN --0 Terner Way, San Jose CA 0 Terner Way, San Jose CA 0 Terner Way, San Jose CA DOCUMENTS TO BE PRODUCED 1. Any and all DOCUMENTS concerning, referencing or relating to the. Any and all DOCUMENTS relating to the design, services, work, labor, repairs, maintenance, and materials provided by YOU at or for or with respect to the PROPERTY, including but not limited to your job files, building contracts, agreements, notes, correspondence, memorandums, e-mails, letters, bids, mechanic liens, photographs, videotapes, diagrams, plans, specifications, shop drawings, as-built plans, calculations, journals, invoices, purchase orders, change orders, addenda reports, job diaries, receipts, project files, site records, daily job logs, field orders, superintendent reports, requests for clarification, requests for information, time cards, governmental inspection punch lists and sign off sheets, and invoices relating to the design, analysis, construction, repair or maintenance for the. Any and all DOCUMENTS relating to inspection or testing conducted at the PROPERTY, including reports, data, photographs and notes.. Any and all DOCUMENTS received by YOU concerning, referring to or relating to the - 1 - P:\DOCS\Western Nat.Cilker\Discovery\Deposition Notices\Attachment.Gary Penman.docx
. Any and all DOCUMENTS sent by YOU concerning, referring to or relating to the. Your entire file for the. Any and all DOCUMENTS concerning or referring to design drawings, specifications, details, and plans for the PROPERTY, including, but not limited to the following drawings, details and plan sheets: civil, geotechnical, grading, architectural, structural, electrical, drainage, landscaping, irrigation, utilities, sewer and storm drain.. Any and all DOCUMENTS exchanged between, submitted by, provided from, or provided to any governmental agency, department or division and any party or person working, controlling, developing, designing, inspecting, maintaining, constructing or repairing any portion of the. Any and all DOCUMENTS concerning plan checks at the PROPERTY, including but not limited to standard plan check correction lists, special correction lists, and any correspondence, reports or notes regarding, concerning or relating to any plan checks.. Any and all DOCUMENTS concerning permits or inspections at the PROPERTY, including but not limited to, permit requests, permit applications, plan check applications and approvals, records of fees paid, inspection records or jobsite cards, correction notices, stop work notices, notes and communications to or from the inspectors or other building officials relating to the inspections or compliance with any governing authority or regulations.. All DOCUMENTS related, concerning or referencing any repair, maintenance or remediation at the PROPERTY from January 1, 000 to the present. 1. Any and all DOCUMENTS, including but not limited to requests for information, change orders, concerning or referencing the 1. Any and all DOCUMENTS, including but not limited to photographs or video recordings, that depict, capture, or display of any portion of the 1. Any and all DOCUMENTS relating to any and all complaints, concerns, requests for service, requests for maintenance, or requests for repair concerning, arising out of, or relating to any of the. Any and all non-privileged DOCUMENTS to, from, concerning, referencing, or relating to Cilker Apartments LLC and concerning, referencing, or relating to the. Any and all non-privileged DOCUMENTS to, from, concerning, referencing, or relating to Cilker Orchards LLC and concerning, referencing, or relating to the - - P:\DOCS\Western Nat.Cilker\Discovery\Deposition Notices\Attachment.Gary Penman.docx
1 PROOF OF SERVICE I am employed in the County of Orange, State of California. I am over the age of and not a party to the within action. My business address is 1 East First Street, th Floor, Santa Ana, CA 0-0. On September, 0, I served the within document(s) described as: WESTERN NATIONAL CONSTRUCTION'S NOTICE OF TAKING DEPOSITION OF GARY PENMAN AND PRODUCTION OF DOCUMENTS; DEPOSITION SUBPOENA on each interested party in this action as stated below: BY E-SERVICE: I electronically served the document(s) via Santa Clara County Superior Court's Electronic Filing System on the recipients designated on the transaction receipt located on the Santa Clara County Superior Court's Electronic Filing System website. [See Transaction Receipt on SCE Filing Website] I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on September, 0, at Santa Ana, California. 1 1 Sheila Ellis 0 1