Subpoena Rec'd 4-25-24 Chang Long Real Development, LLC v. Xi Hua Sun, Shan ZhuATTORNEYS:
DAVID G. F1NKELSTEIN*+
IRENE Y. FuJll
PAuL K. LEE
JONATHAN D. WEINBERG
BRIAN S. COHEN
ALSO ADMITTED IN NEW YORK
CERTIFIED SPECIALIST IN ESTATE
PLANNING, TRUST & l'ROBATEWITH
THE ST AT! BAR OF CALIFORNIA
BOARD OF LEGAL 8PECIALIZATION
+ PRACTICING AS LAW OFF1CE8 0F
DAVID G. FINK!LffEIN, A
I'ROFESSIONAL CORPORATION
FINKELSTEIN & FUJII LLP
A LIMITED LIABILITY PARTNERSHIP
ATTORNEYS AT LA!Xt
1528 S O UT H EL CA MIN O R EA L
SUITE 306
SAN MATEO, CALIFORNIA 94402
TELEPHONE (650) 353-4503
T ELEC O PI ER (6 50 ) 312-180 3
INFO@DGFLAW.COM
WW DGFIAW COM
OF COUNSEL
V. WINNIE TUNGPAGASIT""
CARY KLETTER'
RACHEL HALLAM
JOHN F. FARBSTEIN
ANITHA MANOHARAN
LEGAL ASSISTANTS
MICHELE JAuREGul
BRYCE WELCH
YONG LEE
CHARMAINE FERNANDES
April 23, 2024
Melissa Robinson
Cupertino City Hall
10300 Torre Avenue
Cupenino, CA 95014
SENT VIA FIRST CLASS MAIL
Re: Chang Long Rea% Development, LLC v. Xi Hua Stm, Shan Zhu, et al, Santa
Clara County Superior Court Case No. 19-CV-342114
Dear Ms. Robinson:
On April 19, 2024, I sent a Deposition Subpoena for Production of Business Records
("Deposition Subpoena") to Custodian of Records of the City of Cupeitino. Mr. Michael Woo,
Senior Assistant City Attorney agreed to accept service via email.
We noticed an error on the Notice to Consumer as the date of production on the
Deposition Subpoena was not consistent with the date of production noted on the Notice to
Consumer. We amended the Notices to Consumer and served them accordingly on the
Consumers today. I am enclosing the 3 Amended Notices to Consumer for your review. For
ease, I'in also attaching the Deposition Subpoena to Mr. Woo for your records.
EnclosedhereinisachecktotheCityofCupertinointheamountof$15.OO. Ifyouhave
any questions, please contact me at 650-353-4503 or ifuiii@dgflaw.com. Thank you.
Very Truly Yours,
FINKELSTEIN & FUJII LLP
BCW/iyf
Irene Y. Fujii, Esq.
Enclosure
cc: Michael Woo, Esq. w/ enclosure
client (w/ enclosure)
(via email: michaelw@,cupertino.org)
?EC E n,,v [E d
l'-",I I
ATTORNEY OR PARff WITHOIIT ATTORNEY (Name, State Bar number. and address)
- Irene Y. Fujii, Esq. / Jonathan D. Weinberg, Esq.
FINKElSTEIN & FUJII LLP
1528 S. EI Camino Real Ste 306
San Mateo. CA 94402
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086 / 215590
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FOR COURT USE ONLY
I
ICUPERTINO Cli Y (,LERK
TELEPHONENOI(650) 353-4503 tuxxo(opuonmy (651)) 312-1803
E-MAIL ADDRESS (opuonaiy ifujii@dgflaw.com / jweinberg@dgflaw.com
ATTORNEY FOR (rvamey SINO VISTA; WANMEI PROPERTIES; DENNIS LIU
SUPERIOR coum OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ooopiess 191 N. First Street
MAILING ADDRESS:
crnaxozipcooeSan JOSe, CA 95113
BFIANCH NAME: unlimited Civil Jurisdiction
PLAINTIFF/PETITIONER: CHANG LONG REAlTY DEVELOPMENT, LLC
DEFENDANT/RESPONDENT:XI HUA SUN et al.
CASE NUMBER.
19-CV-342114
NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION
(Code Civ. Proc., §§ I gss.a, 1985.6)
NOTICE TO CONSUMER OR EMPLOYEE
TO (name): CHANG LONG REALTY DEVELOPNIENT, LLC, a California limited liability company
1. PLEASE TAKE NOTICE THAT REQUESTING PARTY (name): WANMEI PROPERTIES, INC.
SEEKS YOUR RECORDS FOR EXAMINATION by the parties to this action on (specify date): May 22, 2024
The records are described in the subpoena directed to witness (specify name and address of person or entity from whom records
aresought): CustodianofRecordsoftheCityofCupertino,CityHall,10300TorreAvenue,Cupertino,California950l4
A copy of the subpoena is attached.
2. IF YOU OBJECT to the production of these records, YOU MUST DO ONE OF THE FOLLOWING BEFORE THE DATE SPECIFIED.
IN ITEM a. OR b. BELOW:
a. If you are a party to the above-entitled action, you must file a motion pursuant to Code of Civil Procedure section 1987.1 to
quash or modify the subpoena and give notice of that motion to the witness and the deposition officer named in the subpoena
at least five days before the date set for production of the records.
b. If you are not a party to this action, you must serve on the requesting party and on the witness, before the date set for
production of the records, a written objection that states the specific grounds on which production of such records should be
prohibited. You may use the form below to object and state the grounds for your objection. You must complete the Proof of
Service on the reverse side indicating whether you personally served or mailed the objection. The objection should not be filed
with the court. WARNING: IF YOUR OBJECTION IS NOT RECEIVED BEFORE THE DATE SPECIFIED IN ITEM 1, YOUR
RECORDS MAY BE PFIODUCED AND MAY BE AVAILABLE TO ALL PARTIES.
3. YOU OR YOUR ATTORNEY MAY CONTACT THE UNDERSIGNED to determine whether an agreement can be reached in writing
to cancel or limit the scope of the subpoena. If no such agreement is reached, and if you are not otherwise represented by an
attorney in this action, YOU SHOULD CONSULT AN ATTORNEY TO ADVISE YOU OF YOUR RIGHTS OF PRIVACY.
Date: April 23, 2024
Irpnpi Y. Fujii, Ea'il,YPEoRPRlNTNAME,
iSIGNATuREOF Q REQUESTINGPARTY
OBJECTION BY NON-PAFITY TO PFIODUCTION OF FIECORDS
[ AnORNEY)
1. Q I object to the production of all of my records specified in the subpoena.
:. Q I object only to the production of the following specified records:
3. The specific grounds for my objection are as follows:
Date:
Form Adopted for Mandatory Llse
Judicial Council ok Calilomia
SUsp-025 [Rev. Januay 1, 20081
(2{[3a Essential
teb.com gForms-
(TYPE OR PRINT NAME)
(Proof oi
iSIGNATURE)
NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION
Page 1 oj2
Code of Civil Procedure.
% l 985 3, 1985 6,
2020 01[)-2020 510
www courlinfo ca.gov
SUBP-025
DEFPELNADINATNITF/FR/PEEsTPIOTINODNEENRT:, xcsiHAUNAG sLUONNGetRaEIALTY DEVELOPMENT, LLCIiCASE NUMBER
19-CV-342114 and 19-CV-347502I
PROOF OF SERVICE OF NOTICE TO CONSUMEFI OR EMPLOYEE AND OBJECTION
(Code Civ. Proc., §§ 1985.3, 1985.6)
Q Personal Service [J Mail
1. At the time of servicel was at least 18 years of age and not a party to this legal action.
2. lservedacopyottt"ieNotrcetoConsumerorEmployeeandObjectionasjollovvs(checkeitheraorb):
a. Q Personal service. I personally delivered the Notice to Consumer or Employee and Objection as follows:
(1) Nameofpersonserved: (3) Dateserved:
(2) Address where served:(4) Time served:
b. Mail. I deposited the Notice to Consumer or Employee and Objection in the United States mail, in a sealed envelope
with postage fully prepaid. The envelope was addressed as follows:
(1 ) Name of person served: Dezhan Li, a.k.a. DanieJ Dezhan Li, Esq. (3) Date of mailing: April 23, 2024
(2) Address: 4633 0ld Ironsides Drive, Suite 160 (4) Place of mailing (city and state)
Sama Clara, Califorma 95054 Ran Mateo. California
(5) I am a resident of or employed in the county where the Notice to Consumer or Employee and Objection was mailed.
c. My residence or business address is (specify): (business) 1528 S. EI Camino Real, Ran Mateo. CA 94402
d. My phone number is (specify): (650) 353-4503
declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: April 23, 2024
(TYPE OR PRINT NAME OF PERSON WHO SERVED) iSIGNATLIRE OF PERSON WHO SERVED)
PROOF OF SERVICE OF OBJECTION TO PRODUCTION OF FIECOFIDS
(Code Civ. Proc., §§ 1985.3, 1985.6)
Q Personal Service [2 Mail
1. At the time of servicel was at least 18 years of age and not a party to this legal action.
2. I served a copy of the Objection to Production of Records as follows (complete either a or b)
a. ON THE REQUESTING PARTY
(1 ) [:] Personal service. I personally delivered the Objection to Production of Records as follows:
(i) Name of person served:
(ii) Address where served:
(iii) Date served:
(iv) Time served:
(2) Q Mail. I deposited the Objection to Production of Records in the United States mail, in a sealed envelope with
postage fully prepaid. The envelope was addressed as follows:
(i) Name of person served: (iii) Date of mailing:
(ii) Address: (iv) Place of mailing (city and state):
(v) I am a resident of or employed in the county where the Objection to Production of Records was mailed.
b. ON THE WITNESS
(1 ) Q Personal service. I personally delivered the Objection to Production of Records as follows:
(i) Name of person served: (iii) Date served:
(ii) Addresswhereserved: (iv) Timeserved:
(2) Q Mail. I deposited the Objection to Production of Records in the United States mail, in a sealed envelope with postage
fully prepaid. The envelope was addressed as Tollows:
(i) Name of person served: (iii) Date of mailing:
(ii) Address: (iv) Place of mailirig (crty and state):
(v) I am a resident of or employed in the county where the Objection to Productron of Records was mailed.
3. My residence or business address is (specify):
4. My phone number is (specify):
I declare under penalty of perjuB under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME OF PERSON WHO SEFIVED) (SIGNATURE OF PERSON WHO 8ERVE[))
SUBP-025[Rev Januaryl,20081 NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION
CEB' Essential
ceb.com 5UForms-
Page 2 of 2
ATTACHMENT 3 TO DEPOSITION S{JBPOENA FOR PRODUCTION OF
BUSINESS RECORDS TO CUSTODIAN OF RECORDS OF THE CITY OF
CUPERTINO
Sino Vista, LLC v. Sun,et at, Santa Clara County Superior Court Case Number 19-CV-342114
(Consolidated with Case No.: 19-CV-347502)
REQUEST N0. 1:
Produce all reports and documents related to Historic Nature of 11801 Dorothy Anne Way in
Cupertino, California.
REQUEST N0. 2:
Produce all reports and documents related to code violations or citations between July 1, 2014
through the present in connection with 11801 Dorothy Anne Way in Cupertino, California.
REQUEST N0. 3:
Produce all reports and documents related to unpermitted work performed between July 1, 2014
through the present in connection with 11801 Dorothy Anne Way in Cupertino, California.
REQUEST N0. 4:
Produce all reports and documents related to Owner's efforts to remediate the code violations or
citations violations between July 1, 2014 through the present in connection with 11801 Dorothy
Anne Way in Cupertino, California.
REQUEST N0. 5:
Produce all Produce all reports and documents related to the discussions with the City of
Cirpertino regarding potential development of 11801 Dorothy Anne Way in Cupertino,
California between July 1, 2014 though the present;
REQUEST N0. 6:
Produce all Produce all reports and documents related to the issuance of permits to perform
corrective work arising from code violations or citations between July 1, 2014 through the
present in connection with 11801 Dorothy Anne Way in Cupertino, California.
REQUEST N0. 7:
Produce all Produce all reports and documents related to the status of permits regarding 11801
Dorothy Anne Way in Cupertino, California.
FINKELSTEIN & FUJII LLP
1528 S. EI Camino Real, Sutte 306
San Mateo, CA 94402
PAY TO THE
@nor-n OF City of Cupertino
Beacon Business Bank
1700 S. EI Camino Real Suite f08
San Mateo, CA 94402
11-4065/1210
4/23/2024
I $ "ts.oo
1047
Fifteen and 00/100
MEMO
'City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
CS#:I 9-CV-3421 14-Chang Long et al v. Xi Hua Sun
FINKELSTEIN & FUJII LLP
1047
City of Cupertino 4/23/2024
Liu-Dennis 7 15.00
Beacon Bank-Comm CS#:1 9-CV-3421 1 4-Chang Long et al v. Xi Hua 15.00