Subpoena Rec'd 1-4-24 for FP Contracting, Inci E C E [I V.!,mIf II aUO I ill IllN:
ATTORNEY OR PARTY WITHO(IT ATTORNEY Name. State Bar number. aixt address)
_Edward R. Huguenin/ Erik C. Toffl/ Ryan P. McGuire SBN: 173653/217661/292396
Huguenin Kahn LLP
3001 Lava Ridge Court, Suite 300, Roseville, CA 95661
TELEPHONENO (916) 367-7098 FAXNO (916) 367-7491
t-txhte honnssrmcguire@hugueninkahn.com
ATTORNEY FOR (tvame)FP CONTRACTING, INC.
n FOR COURT USE ONLY
JAN xi 2024
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANT A CLARA
STREET ADDRESS 191 North First Street
xoiuhia ADDRESS 191 North First Street
CITY ANDZIP CODE San Jose 95113
BRANCH NAMEDowntown Superior court
PLAINTIFF/PETITIONER:pp Contracting, Inc.
DEFENDANT/RESPONDENT:Pride Electric, et al.
DEPOSITION SUBPOENA
FOR PRODUCTION OF BUSINESS RECORDS
CASE NUMBER
23CV 426516
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known):
Citv of Cuoertino- Buildine Deoarhnent telephone number: (408) 777-3228
lt03Yo(oa"2'ReEAO'AmF"g"F'3 PF'(?g8C4E THE BUSINESS RECORDS described in item 3, as follows:
TO (nalne Of depOS7ti0n officer:):tmagjne g(Hp0dj1lg
On (dafe) : January 5, 2024 At (tirne): 9:00 a.m.
LOCaTtOn (BddreSSJ2870 Gateway Oaks Drive, Suite 105, Sacramento, CA 93720 (855) 777-7865
Do not release the requested records to the deposition officer prior to the date and time stated above.
a. [H] by de!ivering 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.
5, [x by delivering a true, legible, and durable copy ofthe business records describedin item 3 to the deposition officer atthe
witness's address, on receipt of paymentin cash or by check ofthe reasonable costs of preparing the copy, as determined
under Evidence Code section 1563(b).
C, 0 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 bcisiness 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 afler the issuance of the
deposition subpoena, or 15 days afler service, whichever date is later). Reasonable costs of locating records, making them
available orcopying 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 stoted information is demanded. tlie form or
forms in which each type of information is to be produced rnay be specified):
[ Contimied 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 OBT AINED 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 DAM AGES RESULTING FROM YOUR FAILURE TO OBEY
Date iSSued:December 19, 2023
Ryan P. McGuire Esq.
(TYPE OR PRINT N AME)k fpoma)
Affnrney for FP (IONTR ACITTNG, TN(I
(Proof of servlce on reverse) "T'a Page l or 2
Foim Adopted for Mandaio+y Llse
Judicial Council of CaliTomia
SUBP010[Ra'.i Januaryl 2012)
DEPOSITION SUBPOENA FOR PRODUCTION
OF BUSINESS RECORDS
Code of Civil Proceduie, §§ 2020 410-2020 440,
Govemment Coda !)68097 l
111111111 couils ca gov
Westlaw Doc & Form Builder
SUBP-010
_ PLAINTIFF/PETITIONER: FP Contracting, Inc.
DEFENDANT/RESPONDENT:Pride Electric, et al.
CASE NUMBER
23CV426516
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR
PRODUCTION OF BUSINESS RECORD8
t I served this Deposition Subpoena for Production of Business Records by personally delivering a copy to the person served
as follows:
a. Person served (name):C% of Cupertino- Building Department
b. AddreSS where SerVed: 10300 Torre Ave, Cupertino, CA 95014
c. Date of delivery:
d. Time of delivery:
e. (1) 0 l/Vitness fees were paid.
Amount:... . . . .. $
(2) € Copying fees were paid.
Amount:........,,., , $
f. Feeforservice:................-$
2. I received this subpoena for service on (dateJ
3. Person serving:
a. 0 Not a registered California process server.
b. [2 California sheriff or marshal.
c, 0 Registered California process server.
5. [2] Employee or independent contractor of a registered California process server.
B, 0 Exempt from registration under Business and Professions Code section 22350(b).
f. 0 Registered professional photocopier
g. [3 Exempt from registration under Business and Professions Code section 22451.
h. Name, address, telephone number, and, if applicable, county of registration and number:
I declare under penalty of perjury under the laws of the State of
Calirornia that the foregoing is true and correct.
(For California sheriff or marshal use only)
I certiTy that the foregoing is true and correct.
Date:Date:
(SIGNATURE)(SIGNATURE)
SUBP-01C) [8% January !, 2012}DEPOSITION SUBPOENA FOR PRODUCTION
OF BUSINESS RECORDS
Page 2 of 2
1 Attachment No. 3
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DEFINITIONS
A. "PERSON(S)" includes any natural person, firm, association, organization,
partnership, business, trust, corporation, governmental or public entity or any other form of legal
entity.
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B. "DOCUMENT" or "DOCUMENTS" shall mean all documents, electronically stored
information, and tangible things, including without limitation all writings (as defined in Section 250
of the California Evidence Code) and all other means of recording information, whether written,
transcribed, taped, filmed, microfilmed, or in any otlier way produced, reproduced, or recorded, and
including but not limited to: originals, dra'Jts, computer-sorted and computer-retrievable information,
copies and duplicates that are marked with any notation or annotation or otherwise differ in any way
from the original, correspondence, memoranda, reports, notes, minutes, contracts, agreements,
books, records, checks, vouchers, invoices, purchase orders, ledgers, diaries, logs, calendars,
computer printouts, computer disks, card files, lists of persons attending meetings or conferences,
sketches, diagrams, calculations, evaluations, analyses, directions, work papers, press clippings,
sworn or unsworn statements, requisitions, manuals or guidelines, audit work papers, financial
analyses, tables of organizations, charts, graphs, indices, advertisements and promotional materials,
audited and unaudited financial statements, trade letters, trade publications, newspapers and
newsletters, photographs, emails, electronic or mechanical records, facsimiles, telegrams and
telecopies, and audiotapes. Each draft, annotated, or otherwise non-identical copy is a separate
DOCUMENT within the meaning of this tenn. DOCUMENTS shall also include any removable
sticky notes, flags, or other attachments affixed to any of the foregoing, as well as the files, folder
tabs, and labels appended to or containing any documents. DOCUMENTS expressly include all
ELECTRONIC RECORDS.
25 C."ELECTRONIC RECORDS" shall mean the original (or identical duplicate when the
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original is not available) and any non-identical copies (whether non-identical because of notes made
on copies or attached comments, annotations, marks, transmission notations, or highlighting of any
kind) of writings of every kind and description inscribed by mechanical, facsimile, electronic,
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P:SDOCSSRSUIll9900 Stevens v. FP ContractingSFP Contracting v. Pride ElectriclDiscoverySCity of Cupertino Attachment.docx
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Santa Clara, Case No. 23CV4265 16, captioned FP Contracting, Inc. v. Pride Electric Enterprises et
al., which case relates to certain alleged defects stemming from the PROJECT.
"SUBJECT PROPERTY" means the property located at 19900 Steven Creek Blyd,
Cupertino, California.
K. "CLAIMANT" shall mean 19900 Stevens Creek Blvd., LLC, a California Limited
Liability Corporation, including but not limited to any of its employees principals, members and/or
agents. The term specifically includes property manageinent company Charles Dunn Company and
any of its principals, officers, members, agents and/or employees, including but not limited to Nathan
Ung and Don Whitehead.
INSTRUCTIONS
Please produce all of the specified DOCUMENTS and ELECTRONIC RECORDS
whic)i are in YOUR possession, or available to YOU, or to which YOU may gain access through
reasonable effort, including information in the possession of YOUR past and present attorneys,
accountants, investigators, consultants, or other persons directly or indirectly employed or retained
by YOU, or connection with YOU, or anyone else otherwise subject to YOUR control who maintains
records on YOUR behalf, in YOUR name or otherwise under YOUR control.
Any comments, notations or markings appearing on any DOCUMENTS or
ELECTRONIC RECORDS, and not a part of the original, are considered a separate DOCUMENT
or ELECTRONIC RECORDS, and any draft, preliminary form or superseded version of any
DOCUMENT is also considered a separate DOCUMENT or ELECTRONIC RECORDS.
All documents and electronic records requested herein should be produced in tlie same
order as they are kept, or maintained, or stored, in the regular course of business.
All DOCUMENTS requested herein should be produced in the file, folder, envelope,
or other container in which the DOCUMENTS are kept or maintained. If for any reason the container
cannot be produced, please produce copies of all labels or other identifying markings.
Any DOCUMENT attached to another DOCUMENT must not be separated.
In the event that any DOCUMENT or ELECTRONIC RECORD called for by these
demands has been destroyed, lost, discarded, otherwise disposed of, or is otherwise unavailable, such
P:'iDOCSlRSUR}9900 Stevens v. FP ContractinglFP Contracting v Pride ElectricSDiscoverylCity of Cupertino Attacliment docx
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DOCUMENT or ELECTRONIC RECORD is to be identified as completely as possible, including,
without limitation, t)ie following information: date of disposal; manner of disposal; reason for
disposal; person authorizing the disposal; and person disposing of the DOCUMENT or
ELECTRONIC RECORD.
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7. Whenever possible, the singular form of a word shall be interpreted in the plural and
vice versa; verb tenses shall be interpreted to include past, present, and future tenses; the terms "and"
as well as "or" shall be construed either conjunctively or disjunctively, as necessary, to bring within
the scope of these demands any DOCUMENTS that might otherwise be considered outside their
purview; and words imparting the masculine shall include the feminine and vice versa.
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8. If an objection is made to part or all of any demand, the part should be specified
together with the reasons for the objection. If a claim of privilege is asserted with respect to part or
all of any DOCUMENT on the grounds of attorney-client privilege, the attorney work product
doctrine, or any other basis, describe the DOCUMENT with sufficient particularity to make it
susceptible to identification by separately stating the following with respect to any such
DOCUMENT: (l) the type of DOCUMENT; (2) its date; (3) the name, address, and position of its
author(s); (4) the name, address, and position of each recipient of the DOCUMENT; (5) a general
description of the subject matter of the DOCUMENT; (6) the basis of any claim of privilege; and (7)
if work product immunity is asserted, the proceeding for which the DOCUMENT was prepared.
REQUESTS FOR PRODUCTION
REQUEST FOR PRODUCTION NO. l:
Full and complete copies of any and all written agreements or contracts between YOU and
CLAIMANT, or any other PERSON, executed in connection with the PROJECT or any subsequent
work at the SUBJECT PROPERTY, including any and all exhibits, attachments or addenda thereto.
REQUEST FOR PRODUCTION N0. 2:
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Any and all COMM{JNICATIONS regarding or RELATrNG TO any and all written
agreements or subcontracts between YOU and any other PERSON executed in connection with the
PROJECT or any subsequent work at the SUBJECT PROPERTY.
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P:SDOCSlRSUR}9900 Stevens v. FP ContractinglFP Contracting v. Pride ElectricSDiscoverySCity of Cripertino Attacliment docx
1 REQUEST FOR PRODUCTION N0. 3:
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Any and all DOCUMENTS comprising or making up YOUR entire job file, or project file
for the PROJECT or any subsequent work at the SUBJECT PROPERTY, including but not limited
to invoices, submittals, change orders, change directives, requests for information, daily logs, field
notes, journals, partial or final releases or other course of construction DOCUMENTS
REQUEST FOR PRODUCTION N0. 4:
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Any and all COMM'[JNICATIONS with PLAINTIFF regarding or RELATING TO the
PROJECT or any subsequent work at the SUBJECT PROPERTY.
REQUEST FOR PRODUCTION N0. 5:
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Any and all COMMUNICATIONS with CLAIMANT regarding or RELATING TO the
PROJECT or any subsequent work at the SUBJECT PROPERTY.
REQUEST FOR PRODUCTION NO. 6:
Any and all COMMUNICATIONS with any contractor or subcontractor retained to work on
the SUBJECT PROPERTY at any time regarding or RELATING TO the PROJECT or any
subsequent work at the SUBJECT PROPERTY.
RF,0UEST FOR PRODUCTION N0. 7:
Any and all COMM[n%JICATIONS with any other PERSON regarding or RELATING TO
the PROJEC or any subsequent work at the SUBJECT PROPERTY, including but not lii'nited to any
government agencies, inspectors, construction material/product manufacturers, engineers, or other
design professionals.
REQUEST FOR PRODUCTION NO. 8:
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Any and all photographs, videos or other DOCUMENTS depicting any aspect (i.e., course o
construction or progress) of the PROJECT or any subsequent work at the SUBJECT PROPERTY.
REQUEST FOR PRODUCTION N0. 9:
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Any and all photographs, videos or other DOCUMENTS depicting any labor, materials,
services or work provided or performed by YOU in relation to the PROJECT or any subsequent work
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at the SUBJECT PROPERTY.
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P:lDOCSSRSUIll9900 Stevens v. FP ContractinglFP Contracting v. Pride ElectriclDiscoveiySCity of Cupenino Attacl'unent docx
1 REQUEST FOR PRODUCTION N0. 10:
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Any and all plans, drawings or specifications for the PROJECT or any subsequent work at
the SUBJECT PROPERTY.
4 REQUEST FOR PRODUCTION N0. 11:
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Any and all DOCUMENTS relating to any repairs performed by any individual or entity at
the SUBJECT PROPERTY or any subsequent work at the SUBJECT PROPERTY.
REQUEST FOR PRODUCTION N0. 12:
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Full and complete copies of any and all written agreements or subcontracts between YOU
and any PERSON hired by YOU (if any) in connection with the PROJECT or any subsequent work
at the SUBJECT PROPERTY, including any and all exhibits, attachments or addenda thereto.
REQUEST FOR PRODUCTION N0. 13:
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Any and all invoices issued and/or paid for services rendered by YOU in relation to the
PROJECT or any subsequent work at the SUBJECT PROPERTY.
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P:SDOCSlRSU}119900 Stevens v. FP ContractinglFP Contracting v. Pride ElectriclDiscoverylCitya of Cupertino Attaclurient.docx
ONTELLUS - SAN JOSE
WITNESS FEE ACCOUNT
981 Ridder Park Dr
San Jose, CA 95131
CADENCE BANK, N.A.
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