Party Discovery: PATRICIA WILLIAMS et al VS. WYNDHAM VACATION OWNERSHIP et al

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                                Anne Costin (SBN 260126)
COSTIN LAW INC.

369 Pine Street, Ste. 506 ELECTRONICALLY
San Francisco, CA 94104
Tel: (415) 977-0400 F re a
Fax: (415) 977-0405 T eiueity of an Pranciecolt
Email: anne@costinlawfirm.com 08/30/2016
Clerk of the Court
Christopher B. Dolan (SBN 165358) BYnovRse
Ghazaleh Modarresi (SBN 259662) 7 Deputy Clerk
THE DOLAN LAW FIRM

1438 Market Street

San Francisco, CA 94102

Tel: (415) 421-2800

Fax: (415) 421-2830

Email: chris@cbdlaw.com

Email: ghazaleh.modarresi@cbdlaw.com

Attorneys for PLAINTIFF
PATRICIA WILLIAMS

IN THE SUPERIOR COURT OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL JURISDICTION

PATRICIA WILLIAMS, Case No.: CGC-12-526187
Plaintiff,
PLAINTIFF WILLIAMS’ EX PARTE
“VS.- APPLICATION FOR A COURT ORDER
FOR COMMISSION FOR ISSUANCE OF
WYNDHAM VACATION OWNERSHIP, OUT OF STATE SUBPOENA
WYNDHAM WORLDWIDE
CORPORATION, ANITA HOWELL, and Hearing date: September 1, 2016
DOES 1 through 100, inclusive, Time: 11:00 a.m.
| Dept: 302
Defendants. |

PLAINTIFF WILLIAMS’ EX PARTE APPLICATION
FOR A COURT ORDER FOR COMMISSION FOR ISSUANCE OF OUT OF STATE SUBPOENA
PAGE 1anne

TO DEFENDANTS AND THEIR ATTORNEYS OF RECORD AND TO THE COURT:

Please take notice that on Thursday September 1, 2016 at 11:00 a.m., Plaintiff WILLIAMS
will appear in Department 302 of the San Francisco County Superior Court (located at 400
McAllister Street, San Francisco, California) so as to submit an ex parte application for a court order
for commission for issuance of an out of state deposition subpoena.

Plaintiff Williams is repented by the attorneys on the caption above. Defendant Wyndham is
represented by Dylan Carp of Jackson Lewis P.C., 50 California Street, 9th Floor, San Francisco,
CA 94111, 415-394-9400.

The above captioned lawsuit is pending in this court in San Francisco, California. A key
third party witness in this case (Vilen Kazaryan) is believed to reside in Nevada. Plaintiff seeks to
take Mr. Kazaryan’s deposition in Nevada. In order to do so, pursuant to Code of Civil
Procedure Section 2026.010, Plaintiff must obtain an order from this San Francisco Superior
Court issuing a commission authorizing the deposition in Nevada. Plaintiff will then provide
this Court’s order to the Court in Nevada so that the Nevada Court may issue a subpoena compelling
the witness’ attendance at deposition.

Code of Civil Procedure Section 2026.010 sets forth the procedure for this Court to issue a
commission for out of state discovery on an ex parte basis as follows: “On request, the clerk of the
court shall issue a commission authorizing the deposition in another state or place. The commission
shall request that process issue in the place where the examination is to be held, requiring attendance
and enforcing the obligations of the deponents to produce documents and electronically stored
information and answer questions. The commission shall be issued by the clerk to any party in
any action pending in its venue without a noticed motion or court order. The commission may
contain terms that are required by the foreign jurisdiction to initiate the process. If a court order is
required by the foreign jurisdiction, an order for a commission may be obtained by ex parte

application.” (Code of Civil Procedure Section 2026.010, subd. (f), emphasis added.)

PLAINTIFF WILLIAMS’ EX PARTE APPLICATION
~~~ FOR A COURT ORDER FOR COMMISSION FOR ISSUANCE OF OUT OF STATE SUBPOENA
PAGE 2Plaintiff’ s request is based on this application, the Declaration concurrently filed, and the
complete files and records in this action.
DATED: August 30, 2016 COST iC,
By:

Cl
Attorney for PLAINTIFF WILLIAMS

PLAINTIFF WILLIAMS’ EX PARTE APPLICATION
FOR A COURT ORDER FOR COMMISSION FOR ISSUANCE OF OUT OF STATE SUBPOENA
PAGE 3