Deposition Subpoena Rec'd 4-20-23 - Shirley L. LongSUBP-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, Brake Bar number, and address)
(kA-ir)in AA C-ieeirikzry C-ez /QClkl nt,rvxoi FOR COURT USE ONLY
I V I a I k II I I V I. L_ I S C0 I I LICa I !,I, L_ ) q. l u u Ill IJ g I.Ma-r g /
Law Office of Martin M. Eisenberg
655 Skyway Road, Suite 110
San Carlos, California 94070
TELEPHONE NO 650-766-2256 FAX NO
E-MAIL ADDRESS martinmeisenberg@gmail.com
ATTORNEY FOR [Name): Defendants
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2
UPERTINO CITY CLERi<
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS 191 NORTH FIRSTSTREET c
CITY AND ZIP CODE SAN JOSE, CALIFORNIA 95'll3
BRANCH NAME
PLAINTIFF/ PETITIONER: SHIRLEY L. LONG, et. al.
DEFENDANT/ RESPONDENT: BARBARA KALMAN, Trustee et. al.
DEPOSITION SuBPOENA
FOR PRODUCTION OF BUSINESS RECORDS
CASE NUMBER
22 CV 397661
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known):
CITY OF CuPERTINO 10300 Torre Avenue Cupertino, California
1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3, as follows:
To (name of deposition officer): Swift Legal 500 Allerton Street, Unit 1 05 Redwood City, CA 94063
On (date): May 4, 2023 At (time): 9:00 a.m.
Location (address): Swift Legal 500 Allerton Street, Unit 1 05 Redwood City, CA 94063
Do not release the requested records to the deposition officer prior to the date and time stated above.
a. [x 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. [3 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. [2 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 3
[3 Continued on Attachment 3.
4. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER
CODE OF CML PROCEDURE SECTION 1985.3 0R 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 F RE TO
Date issued: April 14, 2023
Martin M. Eisenberg
(TYPE OR PRINT NAME)
iA k J/ s
OF PERSON ISSUING
I (TITLE)
(Proof of service on reverse)Page 1 of 2
Form Adopted lot Mandatory use
Judicial Council of Califomia
SUBP-010 [Rev January 12012]
DEPOSITION SUBPOENA FOR PRODUCTION
OF BUSINESS RECORDS
Code of Civil Procedure, §§ 2020 410-2020 440,
Govemment Code, § 680971
w+vw couds.ca gov
ATTACHMENT 3 TO DEPOSITION SUBPOENA
FOR PRODUCTION OF BUSINESS RECORDS
(DEPONENT: CITY OF CUPERTINO)
DOCUMENTSTO BE PRODUCED PURSUANTTO DEPOSITION SUBPONEA:
1. All writings and records including administrative and other notes and memoranda
concerning and/or relating to application and/or issuance and/or application(s) for extension
and expiration of building permit No. 14100120 concerning property at 21666 Stevens Creek
Blvd., Cupertino (APN 357-17-012) including any/all records concerning identity of applicant
and proposed and/or approved scope of work.
2. All writings and records, EXCLUDING COPIES OF BUILDING PLANS, including
correspondence received (whether by email or other means), administrative and other notes
and memoranda, including notes and memoranda of inspections and construction progress and
construction completions concerning construction at/upon property of D.G. and Shirley Long
and/or others commonly referred to as 10043 - 10049 Imperial Avenue, Cupertino (APN 357-
17-013) at any time subsequent to January 1, 2013.
3. Writings memorializing Resolution Nos. 22, 23, and 24 of the City of Cupertino
Administrative Hearing Meeting(s) passed and adopted September 12, 2013 concerning 10049
Imperial Avenue, Cupertino (property owner D.G. and Shirley Long, APN 357-17-013).
4. Writings memorializing Resolution No. 25 of the City of Cupertino Administrative
Hearing Meeting(s) passed and adopted September 12, 2013 concerning 21666-21686 Stevens
Creek Blvd., Cupertino (property owner Barbara Kalman et. al., APN 357-17-012).
PROOF OF SERVICE
I, Martin M. Eisenberg, say that
I am over the age of 18 years and not a party to the within action. I am a resident in the
County where this Proof of Service was prepared and my business address is 655 Skyway
Road, Suite 110; San Carlos, California 94070
On the date last set forth below I served the following documents:
Deposition Subpoena For Production Of Business Records
upon the following persons:
Richard K. Abdalah, Esq.
Abdalah Law Offices, APC
3031 Sanford Ranch Road, Suite 2-210
Rocklin, CA 95765
by the following means:
[X] By Mail: By placing a true copy thereof, enclosed in a sealed envelope with postage
thereon fully prepaid into the United States Mails at San Mateo County, California to the
address(es) shown above.
[] By Personal Service: By delivering by hand a copy thereof to the office(s) of the
addressee(s) shown above.
[ ]By Overnight Delivery: By placing a true copy thereof, enclosed in a sealed envelope
with delivery charges prepaid or to be billed to The Law Office of Martin M. Eisenberg to
be delivered overnight by FedEx to the address(es) shown above.
[ ]By facsimile (Fax): By sending a true copy thereof via facsimile to the number(s)
shown above.
I declare under penalty of perjury under the laws of the State of California the foregoing
is true and correct.
law Office of
MARTIN M. EISENBERG
Skyway Center, Suite 110
655 Skyway Road
San Carlos, California 94070
[email: martinmeisenberg@gmailcom]
Tel: 650-766-2256
April 14, 2023
TRANSMITTAL MEMORANDUM
To:City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, California
Re: Longvs.Kalman-SantaC(araCountySuperiorCourtCaseNo.22CV397661
(Deposition) Subpoena (records only) directed to City of Cupertino
Served herewith is a deposition subpoena for records only issued in the above-referenced
action. City of Cupertino is NOT a party to the action. City of Cupertino possesses records that
are relevant to the action that are sought by the subpoena. Pursuant to the subpoena, please
assemble a copy of the records sought and deliver them to the "Deposition Officer", Swift Legal
as requested by the subpoena. I have provided a FedEx pack for delivery of the records to the
deposition officer with a completed AirBill that will bill transmittal/shipping charges to my
aCCOunt.
City of Cupertino is entitled to reasonable costs of locating the records and copying them. I have
enclosed a check payable to City of Cupertino in an amount not to exceed S100.OO. Please
completetheamountofthecheckforthecostsincurred. Kindlyprovidemeaninvoiceor
memorandumofsomekindastotheamountofthecheckwithtransmittaloftherecords. If
charges exceed S100.OO please contact me (650-766-2256) so I can arrange payment.
Thank you for your attention to this matter and timely response to the subpoena.
Martin M. Eisenberg==
6916
LAW OFFICE OF MARTIN M. EISENBERG
OPERATING ACCOUNT
1 77 BOVET ROAD, SUITE 600
SAN MATEO, CA 94402
PH. (650) 638-2373
PAY TO THE
ORDER (')F etrl or- Copegvxso
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