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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Oct-31-2012 10:32 am
Case Number: CGC-10-500934
Filing Date: Oct-31-2012 10:30
Filed by: WESLEY G. RAMIREZ
Juke Box: 001 Image: 03823790
EX PARTE APPLICATION FOR ORDER
CATHAY BANK, A CALIFORNIA BANKING CORPORATION VS. RAYMOND
XIANG ZHANG et al
001003823790
Instructions:
Please place this sheet on top of the document to be scanned.
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Thomas M. Robins III (State Bar No. 054423)
trobins@frandzel.com
Kenneth N. Russak (State Bar No. 107283)
krussak@franzel.com
Hanna B. Raanan (State Bar No. 261014)
hraanan@frandzel.com
FRANDZEL ROBINS BLOOM & CSATO, L.C.
6500 Wilshire Boulevard
Seventeenth Floor
Los Angeles, California 90048-4920
Telephone: (323) 852-1000
Facsimile: (323) 651-2577
Attomeys for Plaintiff and Cross-Defendant
CATHAY BANK
tla
Sapenet Sf Mi rANSIBOO
OCT 312012
CLERK 3 ye COURT
BY: eputy Clerk
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
CATHAY BANK, a California banking
corporation,
Plaintiff,
v.
RAYMOND XIANG KAI ZHANG, aka
RAYMOND KAI ZHANG, aka RAYMOND
ZHANG, aka XIANG KAI ZHANG, aka
XIANG ZHANG, aka ZHANG XIANG, an
individual; CINDY ZHANG, an individual;
DONG YING QUI, an individual; XIANG
KAI, LLC; a California limited liability
company; RAY KAI, LLC , a California
limited liability company; ZHANGS, LLC, a
California limited liability company; and
DOES 1 through 200, inclusive,
Defendants.
AND RELATED CROSS-ACTION.
1100553.1 | 23000-0790
CASE NO. CGC-10-500934
EX PARTE APPLICATION TO ADVANCE
HEARING ON DEFENDANT'S MOTION
TO QUASH; MEMORANDUM OF
POINTS AND AUTHORITIES;
DECLARATION OF HANNA B. RAANAN;
[PROPOSED] ORDER ON EX PARTE
APPLICATION
Date: October 31, 2012
Time: 11:00 a.m.
Dept.: 302
400 McAllister Street
San Francisco, CA 94102
EX PARTE APPLIC TO ADVANCE HEARING ON DEFENDANT'S MOTION TO QUASH; MEMO OF POINTS
AND AUTHORITIES; DECL OF HANNA B. RAANAN; [PROPOSED] ORDER ON EX PARTE APPLICATIONan
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TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that Plaintiff and cross-defendant Cathay Bank (the "Bank")
hereby applies to the Court Ex Parte for an order (1) advancing the hearing date on the Motion to
Quash Deposition Subpoenas of Michael Schinner and Quinn Chevalier ("Motion"), served by
Defendants and cross-complainants Raymond Zhang, Cindy Zhang, Zhangs, LLC, and Rai Kai
LLC ("Defendants" or "Cross-complainants") from November 19, 2012 to the next available
earlier date on the Court's calendar, (2) that the depositions shall be taken within five calendar
days of the order denying the Motion to quash, and (3) an order that the discovery cutoff is lifted
for purposes of completion of these depositions.
Ex Parte Notice: On October 29, 2012, at 3:35 p.m., counsel for the Bank gave written ex
parte notice to counsel for defendants that the Bank would be appearing on October 31, 2010 at
11:00 a.m. in this Department to seek the above described relief. (Declaration of Hanna Raanan
("Raanan Dec.") 2.)
Basis For This Application: This application is based on the following: The Motion to
quash is frivolous given this Court's indicated ruling on an almost identical motion heard by this
Court on October 5, 2012. On or about October 5, 2012, the Court heard arguments on the
Defendant's Motion to Quash deposition subpoenas for production of documents to Michael
Schinner and Quinn Chevalier ("First Motion"), who were original counsel for Defendants. The
arguments in the Defendant's First Motion were essentially identical to those made in this Motion.
At the October 5, 2012 hearing, the Court indicated that it would deny the motion, but set certain
limits on the documents to be produced. The Court, however, has not yet issued its final ruling on
the matter.
Pursuant to the Court's statements at the hearing on the First Motion, Plaintiff issued its
deposition subpoenas for the depositions of Michael Schinner and Quinn Chevalier. The
depositions are currently scheduled for November 1, 2012 and November 5, 2012, respectively.
Defendants filed their Motion to Quash Deposition Subpoena's and Notice of Taking deposition on
October 25, 2012 ("Motion"). The Motion set a hearing date of November 19, 2012. The
discovery cutoff date in this case is November 5, 2012 and motion cutoff November 19, 2012.
1100553.1 | 023000-0790
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EX PARTE APPLIC TO ADVANCE HEARING ON DEFENDANT'S MOTION TO QUASH; MEMO OF POINTS
AND AUTHORITIES; DECL OF HANNA B. RAANAN; [PROPOSED] ORDER ON EX PARTE APPLICATIONFRANDZEL ROBINS BLOOM & CsaTo, L.C.
6500 WILSHIRE BOULEVARD, 17TH FLOOR
Los ANGELES, CALIFORNIA 90048-4920
(323) 852-1000
Ce NR DH FB NY
NY NR YN YN KN KN NY SF Be Be ee Be ee Be Be Be
ec NDA A RF YW YH FS SBD we NY DH BF WN KF OS
Need for Ex Parte Relief: The Bank needs this ex parte relief due to the shortness of time
before trial. If the Motion is not heard until November 19, 2012 only two weeks would remain to
trial. The Bank needs these depositions to be held in early November 2012, especially if there will
be further law and motion work needed with respect thereto.
Facts Justifying Relief.
As can be seen by the Declaration of Hanna B. Raanan submitted herewith and can be seen
from the records of the Court on file herein, the facts upon which this Application are based are
the following:
1. The Defendants filed a Motion to Quash Deposition Subpoenas for Production of
Documents on or about September 10, 2012 ("First Motion"). Cathay Bank filed its Opposition to
the First Motion alleging waiver of the attorney-client privilege and work-product doctrine on
October 1, 2012. The First Motion was heard on October 12, 2012. At the hearing, the Court
indicated its inclination to deny the First Motion and allow the subpoenas to stand, subject to
certain limitations. On October 30, 2012, the Court issued its Order on the First Motion granting
in part and denying in part the First Motion.
2. Following the hearing on the First Motion, and subject to the Court statements,
Cathay Bank issued deposition subpoenas for the depositions of Michael Schinner and Quinn
Chevalier — with the depositions set for November 1, 2012 and November 2, 2012.
3. Following the service of the deposition subpoena on Quinn Chevalier, and pursuant
to agreement between Cathay Bank and Mr. Chevalier, his deposition was continued to November
5, 2012 due to his unavailability on November 2, 2012.
4. On October 18, 2012, Chijeh Hu, counsel for Defendants, agreed on the record that
Mr. Chevalier's deposition would begin on November 5, 2012 but could continued if necessary
past the discovery cutoff date.
5. The discovery cutoff date in this case is November 5, 2012.
6. The Motion is set to be heard on November 19, 2012 — well after the discovery
cutoff date, and would prejudice Cathay Bank if heard so close to the trial date, leaving limited
1100553.1 | 023000-0790
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EX PARTE APPLICATION TO ADVANCE HEARING ON DEFENDANT'S MOTION TO QUASH; MEMO OF
POINTS AND AUTHORITIES; DECLARATION OF HANNA B. RAANAN; [PROPOSED] ORDER ON EX
PARTE APPLICATIONFRANDZEL ROBINS BLOOM & CSATO, L.C.
6500 WILSHIRE BOULEVARD, 17TH FLOOR
Los ANGELES, CALIFORNIA 90048-4920
(323) 852-1000
time for Cathay to take the depositions at issue.
7. The Court has already heard the arguments regarding privilege and the Defendants’
waiver of that privilege and has already made certain determinations as to these issues (even
though a final ruling has not been issued). The Court determinations on the First Motion make
this Motion frivolous and without merit.
This Application is based upon the Declaration of Hanna Raanan and the accompanying
memorandum of points and authorities, the Motion to Quash subpoenas for Production of
Documents and related papers, the pleadings and papers on file herein, and such oral and
documentary evidence as may be presented at the hearing on this Application.
DATED: October 31, 2012
FRANDZEL ROBINS BLOOM
& CSATO, L.C.
THOMAS M. ROBINS III
KENNETH N. RUSSAK
HANNA B. RAANAN
1100553.1 | 023000-0790
3
EX PARTE APPLICATION TO ADVANCE HEARING ON DEFENDANT'S MOTION TO QUASH; MEMO OF
POINTS AND AUTHORITIES; DECLARATION OF HANNA B. RAANAN; [PROPOSED] ORDER ON EX
PARTE APPLICATIONMEMORANDUM OF POINTS AND AUTHORITIES
Plaintiff and Cross-Defendant Cathay Bank ("Cathay") respectfully submits the following
memorandum of points and authorities in support of its Application to Advance Hearing Date on
Defendants' Motion to Quash Deposition Subpoenas ("Application").
L
STATEMENT OF FACTS
Cathay issued its Subpoenas for Deposition of Michael Schinner and Quinn Chevalier on
October 12, 2012 ("Depo Subpoenas"). The Depo Subpoenas were issued following and pursuant
to the hearing on Defendants’ Motion to Quash Subpoenas for Production of Documents to
Schinner Law Group and Quinn Chevalier ("First Motion"), wherein the Court indicated its
intention to deny the subpoena and to issue an Order compelling production of documents. (See
Declaration of Hanna Raanan, §{ 4 and 5.) On October 25, 2012, the defendants filed and served
the current Motion to Quash the Depo Subpoenas ("Motion") and raise the same arguments as
made in the First Motion. (Id., § 8.) Furthermore, the Motion sets a hearing date well past the
discovery cutoff date and 10 business days before the trial date in this case, and ensuring that
Cathay has no time to actually depose the two witnesses if the Court denies the Motion.
I.
THE COURT SHOULD ADVANCE THE HEARING DATE FOR THE MOTION SO
THAT IT MAY BE HEARD IN TIME TO ALLOW ENOUGH TIME FOR CATHAY TO
CONDUCT THE DEPOSITION AT ISSUE AND ANY FOLLOW UP MATTERS
RELATED THERETO
Pursuant to California Rules of Court 3.1201, Cathay has filed an application, a
declaration, this memorandum of points and authorities, and a proposed Order. The application is
made in accordance with California Rules of Court, Rule 3.1202 and proper notice has been given.
Exigent circumstances exist that necessitate that the Motion be heard on an ex parte basis at the
first availability opportunity. Specifically, the discovery cutoff date in this case is November 5,
2012 and Cathay requests the Court advance the hearing on the Motion to the first week of
November, order a shortened briefing schedule, order that the depositions be held within five
1100553.1 | 23000-0790 1
EX PARTE APPLIC TO ADVANCE HEARING ON DEFENDANT'S MOTION TO QUASH; MEMO OF POINTS
AND AUTHORITIES; DECL OF HANNA B. RAANAN; [PROPOSED] ORDER ON EX PARTE APPLICATIONFRANDZEL ROBINS BLOOM & CSATO, L.C.
6500 WILSHIRE BOULEVARD, 17TH FLOOR
Los ANGELES, CALIFORNIA 90048-4920
(323) 852-1000
0 Oe ND WH RF WYN
DN NY NY YN YN NY BB Be Be ee Be Be eB
oN A A BF Yow NY KF Ss © wm AYN DAH B Bw NH SF TS
calendar days of the denial of the Motion to Quash, and order the lifting of the discovery cutoff
date as to the two depositions at issue in the Motion.
The Defendants will not be prejudiced by the advance of the hearing date on their Motion
because the issues raised in the Motion are similar if not identical to the First Motion, and have
been argued before this Court previously.
Til.
CONCLUSION
The Court should advance the November 19, 2012 hearing date on the Defendants’ Motion
to the first available date on the Court's calendar, order that the depositions be held within five
calendar days of the denial of the Motion to Quash, and order that the discovery cutoff date as to
the two depositions is lifted.
DATED: October 31, 2012 Respectfully submitted,
FRANDZEL ROBINS BLOOM
& CSATO, L.C.
THOMAS M. ROBINS III
KENNETH RUSSAK
HANNA B. RAANAN
4
By: OGhtAtBe+~
A B. .N
Attorneys for Plaintiff and Cross-Defendant
CATHAY BANK
1100553.1 | 023000-0790 2
EX PARTE APPLICATION TO ADVANCE HEARING ON DEFENDANT'S MOTION TO QUASH; MEMO OF
POINTS AND AUTHORITIES; DECLARATION OF HANNA B. RAANAN; [PROPOSED] ORDER ON EX
PARTE APPLICATIONFRANDZEL ROBINS BLOOM & CSATO, L.C.
6500 WILSHIRE BOULEVARD, 17TH FLOOR
Los ANGELES, CALIFORNIA 90048-4920
(323) 852-1000
DECLARATION OF HANNA B. RAANAN
1. I am an attorney admitted to practice before all the Courts of the State of California
and an associate at Frandzel Robins Bloom & Csato, L.C., counsel of record for Plaintiff Cathay
Bank. I have personal knowledge of the matters set forth in this declaration and I could and would
testify competently thereto if called upon to do so.
2. Ex Parte Notice. On October 29, 2012 at 3:35 p.m. I gave counsel for Defendants,
Chijeh Hu, and Maureen McCuaig of his office, notice by email, that the Bank would be appearing
on this ex parte on October 31, 2012 at 11:00 a.m. in the Department seeking the relief specified in
this motion. Attached hereto as Exhibit 1 is a copy of my email to counsel.
3. On or about October 29, 2012, I received a response from Ms. McCuaig indicating
that the Defendants would oppose the Bank's ex parte application to advance the hearing on
Defendants' Motion to Quash. Attached hereto as Exhibit 2 is a copy of Ms. McCuaig's response
email.
4. On October 12, 2012, the parties appeared on the Defendants first Motion to Quash
Deposition Subpoena for Production of Consumer Records filed by the defendants on September
10, 2012. At that hearing, the Court indicated its intention to deny the first motion to quash and
issue an order compelling production of documents.
5. Pursuant to the Court's indication at the October 12, 2012 hearing, on or about
October 12, 2012, I issued a subpoena for the depositions of Michael G. Schinner and Quinn
Chevalier. Attached hereto as Exhibits 3 and 4 are true and correct copies of the Deposition
Subpoenas to Michael G. Schinner and Quinn Chevalier.
6. Michael Schinner's deposition is currently scheduled to begin on November 1, 2012
at 9:00 a.m. While Quinn Chevalier's deposition was originally scheduled for November 2, 2012,
pursuant to agreement between Mr. Chevalier, my office and counsel for the Defendants, his
deposition is currently scheduled to begin on November 5, 2012. Attached hereto as Exhibit 5 is a
true and correct copy of the Amended Notice of Deposition.
1100553.1 | 023000-0790
EX PARTE APPLICATION TO ADVANCE HEARING ‘ON DEFENDANT'S MOTION TO QUASH; MEMO OF
POINTS AND AUTHORITIES; DECLARATION OF HANNA B. RAANAN; [PROPOSED] ORDER ON EX
PARTE APPLICATIONFRANDZEL ROBINS BLOOM & Csaro, L.C.
6500 WILSHIRE BOULEVARD, 17TH FLOOR
Los ANGELES, CALIFORNIA 90048-4920
(323) 852-1000
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7. Prior to the current subpoenas that are at issue in the Defendants’ Motion to Quash
Deposition Subpoenas and Stay Depositions ("Second Motion"), on or about August 23, 2012, I
issued deposition subpoenas for production of documents to Schinner Law Group and Quinn
Chevalier. Attached hereto as Exhibits 6 and 7 are true and correct copies of the Deposition
Subpoenas for Production of Business Records.
8. On or about September 10 2012, Defendants filed their Motion to Quash
Depositions Subpoena for Production of Consumer Records ("First Motion"). Attached hereto as
Exhibit 8 is a true and correct copy of the First Motion. The First Motion raises substantially
similar issues as those raised in this Motion.
9. The Bank filed its Opposition to the First Motion on October 1, 2012. Attached
hereto as Exhibit 9 is a true and correct copy of the Bank's Opposition to the First Motion.
10. On October 30, 2012, the Court issued its ruling on the First Motion, granting in
part and denying in part. Attached hereto as Exhibit 10 is a true and correct copy of the October
30, 2012 Order.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration is executed the 31st day of October, 2012.
1100553.1 | 023000-0790
EX PARTE APPLICATION TO ADVANCE HEARING ( ON DEFENDANT'S MOTION TO QUASH; MEMO OF
POINTS AND AUTHORITIES; DECLARATION OF HANNA B. RAANAN; [PROPOSED] ORDER ON EX
PARTE APPLICATIONEXHIBIT 1Hanna B. Raanan
From: Hanna B. Raanan
Sent: Monday, October 29, 2012 3:35 PM
To: 'C Hu’; 'mmecuaig@cjhapc.com'
Ce: Kenneth N. Russak; Thomas Robins
Subject: Ex parte Notice
Tracking: Recipient Delivery Read
*C Hu’
‘mmccuaig@sjhape.com’
Kenneth N. Russak Delivered: 10/29/2012 3:35 PM
Thomas Robins Delivered: 10/29/2012 3:35 PM Read: 10/29/2012 3:39 PM
‘CATHAY BANK_RAY KAI_ LLC
E_Mail
<{F1402312}.FRBC_IMAN_LA@wes.f
Dear Chijeh,
This email serves as notice that on October 31, 2012, at 11:00 a.m. in Department 302 of the San Francisco
Superior Court located at 400 McAllister St., San Francisco, we will be appearing ex parte on our application to have the
hearing date on the Defendants’ Motion to Quash advanced to October 31, 2012, or in the alternative to strike the Motion
to Quash, and for a Court directing the deponents to appear for their depositions. Please let me know whether you intend
to oppose the ex parte application.
Sincerely,
Hanna B. Raanan
FRANDZEL ROBINS BLOOM & CSATO, L.C.
6500 Wilshire Boulevard, 17th Floor
Los Angeles, CA 90048-4920
Phone: (323) 852-1000
Facsimile: (323) 658-9645
E-mail: hraanan@frandzel.com
Web: www. frandzel.com
4iGo GREEN: Please consider the environment before you print.
This electronic message contains information which may be confidential and privileged and is intended only for the named addressee. Unless you are
the addressee of this message you may not use, copy or disclose the contents of this message to anyone. If you have received this message in error,
please delete the message and advise the sender by reply e-mail or by calling (323) 852-1000. Thank you.
To ensure compliance with Internal Revenue Service Circular 230, we inform you that any U.S. Federal Tax advice contained in this communication is
not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting,
marketing or recommending to another party any tax-related matter(s) addressed herein.EXHIBIT 2Page 1 of 1
Maureen McCuaig
a
From: Maureen McCuaig
Sent: 2012/10/29 19:33
To: ‘C Hu’; Hanna B. Raanan
Subject: Re: Ex parte Notice
Hanna,
We will oppose the ex parte application. Please respond with your moving papers on this motion.
Regards,
Maureen
On October 29, 2012 at 6:35 PM "Hanna B. Raanan" wrote:
Dear Chijeh,
This email serves as notice that on October 31, 2012, at 11:00 a.m. in Department 302 of the San
Francisco Superior Court located at 400 McAllister St., San Francisco, we will be appearing ex parte on our
application to have the hearing date on the Defendants’ Motion to Quash advanced to October 31, 2012, or in the
alternative to strike the Motion to Quash, and for a Court directing the deponents to appear for their depositions.
Please let me know whether you intend to oppose the ex parte application.
Sincerely,
Hanna B, Raanan
FRANDZEL ROBINS BLOOM & CSATO, L.C.
6500 Wilshire Boulevard, 17th Floor
Los Angeles, CA 90048-4920
Phone: (323) 852-1000
Facsimile: (323) 658-9645
E-mail: hraanani in com
Web: www. frandzel.com
wAiGo GREEN: Please consider the environment before you print.
This electronic message contains info mation which may be confidential and privileged and is intended only for the named addressee. Unless
you are the addressee of t his message y ou may not use, copy or disclose the contents of this message to any one. If you have received this,
message in error, please delete the message and adv ise the sender by reply e-mail or by calling (323) 862-1000. Thank you.
To ensure compliance with Internal Revenue Service Circular 230, we Inform you that any U.S. Federal Tax advice contained in this
communication is not intend ed or written to be used, and cannot be used , for the purpose of (1) avoiding penalties under the Internal Revenue
Code or (2) promoting, marketing or recommend ing to another party any tax-relatod matter(s) addressed her ein.
x
Maureen McCuaig, Esq.
CJH & Associates, PC
1440 Broadway, Suite 1000
Oakland, CA 94612
Phone: (510) 832-1686
Fax: (510) 251-1155
email: mmeccuaig@cjhape.comEXHIBIT 3SUBP-010
FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
| Hanna B. Raanan (State Bar No 261014)
FRANDZEL ROBINS BLOOM & CSATO, L.C.
6500 Wilshire Boulevard, 17" Floor
Los Angeles, CA 90048-4920
TELEPHONE NO: (323) 852-1000 FaxNno. (323) 651-2577
E-mail aporess: hraanan@frandzel.com .
ATTORNEY FOR (Neme): Plaintiff/Cross-Defendant CATHAY BAN:
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
STREET ADDRESS: 400 McAllister Street
MAILING ADDRESS:
city aND zip cope: San Francisco, 94102
BRANCH NAME: Northern District
PLAINTIFF/PETITIONER: Cathay Bank
DEFENDANT/RESPONDENT: Raymond Xiang Kai Zhang, et al
CASE NUMBER:
DEPOSITION SUBPOENA CGC~100500934
FOR PRODUCTION OF BUSINESS RECORDS
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known):
Custodian of Records, Schinner Law Group, 96 Jessie Street, San Francisco, CA 94105
1, YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3, as follows:
To (name of deposition officer). Joe Huber of Nationwide Legal Express
On (date): September 14, 2012 At (time): 10:00 a.m.
Location (address): 859 Harrison Street, Suite A, San Francisco, CA 94107, (877) 326-2679
Do not release the requested records to the deposition officer prior to the date and time stated above.
a 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. 1 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. (1 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.
{%] Continued on Attachment 3.
4.IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER
CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 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 IR FAILURE TO OBEY.
Date issued: August 23, 2012
Hanna B. Raanan >
(TYPE OR PRINT NAME)
"PERSON ISSUING SUBPOENA)
Attofney of Plaintiff/Cross-Defendant CATHAY BANK
(TITLE)
(Proof of service on reverse) Pago 1 of2
Form Adopted for Mancistory Use DEPOSITION SUBPOENA FOR PRODUCTION Code of Civil Procedure, $§ 2020.410-2020.440;
suspor0{Re derury 1 2012 OF BUSINESS RECORDS cocoaSUBP-010
PLAINTIFF/PETITIONER: Cathay Bank
mmo Raymond Xiang Kai Zhang, et al
‘CASE NUMBER:
CGC-100500934
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR
PRODUCTION OF BUSINESS RECORDS
1. I served this Deposition Subpoena for Production of Business Records by personally delivering a copy to the person served
| deciare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
as follows:
a. Person served (name):
b. Address where served:
c. Date of delivery:
d. Time of delivery:
e. (1) Witness fees were paid.
Amout
@)O Copying
Amount:
f. Fee for service: ..
. Person serving:
. | received this subpoena for service on (date):
a. O] Nota registered California process server.
. 1 California sheriff or marshal.
b.
c. [1] Registered California process server.
|. [1 Employee or independent contractor of a registered California process server.
e.
C1 Registered professional photocopier.
d.
f.
g. (1) Exempt from registration under Business and Professions Code section 22451.
h.
.O Exempt from registration under Business and Professions Code section 22350(b).
. Name, address, telephone number, and, if applicable, county of registration and number:
Date:
»
(For California sheriff or marshal use only)
I certify that the foregoing is true and correct.
Date:
»
(SIGNATURE)
(SIGNATURE)
‘SUBP-010 [Rev. January 1, 2012],
DEPOSITION SUBPOENA FOR PRODUCTION
OF BUSINESS RECORDS
Pago 2 0f2
‘wine FornsWorkFlow.com SfGENERAL INSTRUCTIONS AND DEFINITIONS
A. YOU are required to produce all of the documents described below, whether or
not they came into your possession, custody or control before, during or after the period in which
YOU had a formal attorney-client relationship with any one or more of Raymond Zhang, Cindy
Zhang or Don Ying Qui.
B. As used herein, the term YOU and YOUR shall mean the Schinner Law Group,
its officers, directors, employees, agents and representatives.
c. Document means "writing" as writing is defined in Evidence Code Section 250.
D. "ACTION" means the case titled Cathay Bank ys. Raymond Zhang, et al, San
Francisco Superior Court Case No. CGC-10-500934, including but not limited to the Verified
Complaint, Third Amended Cross-complaint filed by Defendants Raymond Zhang, Cindy
Zhang, Don Ying Qui, Zhangs LLC, and Ray Kai LLC and the Cross-complaint filed by
Defendant Xiang Kai LLC.
REQUESTS FOR PRODUCTION OF DOCUMENTS
1 All documents that YOU created, received, collected or maintained in connection
with the legal services YOU provided to Raymond Zhang, Cindy Zhang, Don Ying Qui or any
combination of them.
2. All files and the contents thereof that YOU created, received, collected or
maintained in connection with the legal services YOU provided to Raymond Zhang, Cindy
Zhang, Don Ying Qui or any combination of them.
3. The engagement letter or letters or other agreement(s) by which YOU agreed to
provide legal services to Raymond Zhang, Cindy Zhang, Don Ying Qui or any combination of
them, including without limitation translations thereof into a language other than English.
4, Every proposed form of engagement letter or other agreement that is not identical
to the final, fully executed engagement letter(s) or other agreement(s) pursuant to which YOU
agreed to provide legal services to Raymond Zhang, Cindy Zhang, Don Ying Qui or any
combination of them, including without limitation translations thereof into a language other than
English and all versions that bear handwritten notations.
5. Every document that constitutes, memorializes, includes a statement about,
mentions or refers to a communication between YOU and Raymond Zhang, Cindy Zhang, Don
Ying Qui or any combination of them, whether or not any other person participated in or
received the communication. This category includes, without limitation every document that
includes information about such a communication, such as a memorandum or handwritten notes.
6. Every document that includes a statement about, mentions, refers to a meeting
that occurred in the course of YOUR representation of Raymond Zhang, Cindy Zhang, Don Ying
Qui or any combination of them, regardless of the identity of the participants in the meeting.
1058996.3This category includes, without limitation, every document that includes information about such
a meeting such as handwritten notes or memoranda.
7. Every document that constitutes, memorializes, includes a statement about,
mentions or refers to a communication between YOU and any one or more of Raymond Zhang,
Cindy Zhang or Don Ying Qui about Cathay Bank, including but not limited to communications
about alleged wrongful acts or omissions or Cathay Bank, whether or not such act or omission
was alleged in any document filed in the ACTION.
8. Every document that includes a statement about, mentions or refers to the ability
of Raymond Zhang to understand spoken or written English.
9. Every document that includes a statement about, mentions or refers to the ability
of Raymond Zhang to speak or write using the English language.
10. Every document that includes a statement about, mentions or refers to the ability
of Cindy Zhang to understand spoken or written English.
11. Every document that includes a statement about, mentions or refers to the ability
of Cindy Zhang to speak or write using the English language.
12, Every document that includes a statement about, mentions or refers to the ability
of Don Ying Qui to understand spoken or written English.
13. Every document that includes a statement about, mentions or refers to the ability
of Don Ying Qui to speak or write using the English language.
14. Every draft of every declaration YOU prepared for Raymond Zhang, Cindy
Zhang or Don Ying Qui, whether or not a version of such declaration was filed or served in the
ACTION. This category of documents includes all non-identical versions of a given declaration,
including rough drafts, drafts with hand or typewritten notations, editing or proofing marks and
all non-identical copies of such drafts, whether or not a final version of a given draft declaration
ever was filed or served in the ACTION.
15. Every proposed form of engagement letter or other agreement that is not identical
to the final, fully executed engagement letter(s) or other agreement(s) pursuant to which YOU
agreed to provide legal services to Raymond Zhang, Cindy Zhang, Don Ying Qui or any
combination of them, including without limitation translations thereof into a language other than
English and all versions that bear handwritten notations.
1058996.3EXHIBIT 4SUBP-010
| Hanna B. Raanan (State Bar No 261014)
| FRANDZEL ROBINS BLOOM & CSATO, L.C.
6500 Wilshire Boulevard, 17" Floor
Los Angeles, CA 90048-4920
TELEPHONE NO: (323) 852-1000 Fax no. (323) 651-2577
EMAIL AooRESS: hraanan@frandzel.com
ATTORNEY FOR (Name): Plaintiff/Cross-Defendant CATHAY BANK
‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
sTREET ADDRESS: 400 McAllister Street
MAILING ADDRESS:
erry ano zip cove: San Francisco, 94102
BRANCH NAME: Northern District
PLAINTIFF/PETITIONER: Cathay Bank
DEFENDANT/RESPONDENT: Raymond Xiang Kai Zhang, et al
DEPOSITION SUBPOENA CGC~10050
FOR PRODUCTION OF BUSINESS RECORDS CGC~100500984
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known):
Quinn Cheavlier, 10630 Mather Boulevard, Mather, CA 95655
1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3, as follows:
To (name of deposition officer): Joe Huber of Nationwide Legal Express
On (date): September 14, 2012 At (time): 10:00 a.m.
Location (address): 859 Harrison Street, Suite A, San Francisco, CA 94107, (877) 326-2679
Do not release the requested records to the deposition officer prior to the date and time stated above.
a. EX 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. O 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 O 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.
{%) Continued on Attachment 3.
4.IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER
CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 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 RESULTJING FROM Y‘ FAILURE TO OBEY.
Date issued: August 23, 2012
Hanna B. Raanan
(TYPE OR PRINT NAME) PERSON ISSUING SUBPOENA)
Attorvey of Plaintiff/Cross-Defendant CATHAY BANK
(TITLE)
(Proof of service on reverse) Page 1 of 2
Ferm Adopted er Mandatory Use DEPOSITION SUBPOENA FOR PRODUCTION Code of Git Poses, $§2020410-2020.440,
uaP-010 Row Jerry 2012 OF BUSINESS RECORDS Government Cove, § 60097.
www .courts.ca.govSUBP-010
PLAINTIFF/PETITIONER: Cathay Bank ‘CASE NUMBER:
¥ CGC-100500934
DEFENDANT/RESPONDENT: Raymond Xiang Kai Zhang, et al
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR
PRODUCTION OF BUSINESS RECORDS
1. 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): .
b. Address where served:
c. Date of delivery:
d. Time of delivery:
e. (1)] Witness fees were paid.
Amount:
(2) Copying fees were paid.
Amount:
f. Fee for service: ..
2. | received this subpoena for service on (date):
3. Person serving:
. Not a registered Califomia process server.
a
b. CO Califomia sheriff or marshal.
c. (1) Registered California process server.
d.
e.
f.
0 Employee or independent contractor of a registered California process server.
. (1 Exempt from registration under Business and Professions Code section 22350(b).
C0 Registered professional photocopier.
g. o 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 (For California sheriff or marshal use only)
California that the foregoing is true and correct. | certify that the foregoing is true and correct.
Date: Date:
» »
(SIGNATURE) (SIGNATURE)
‘SUBP-010 [Rev. January 1, 2012] DEPOSITION SUBPOENA FOR PRODUCTION Page 20f2
OF BUSINESS RECORDSGENERAL INSTRUCTIONS AND DEFINITIONS
A. YOU are required to produce all of the documents described below, whether or
not they came into your possession, custody or control before, during or after the period in which
YOU had a formal attorney-client relationship with any one or more of Raymond Zhang, Cindy
Zhang or Don Ying Qui.
B. As used herein, the term YOU and YOUR shall mean Quinn Chevalier.
Cc. Document means "writing" as writing is defined in Evidence Code Section 250.
D. "ACTION" means the case titled Cathay Bank vs. Raymond Zhang, et al, San
Francisco Superior Court Case No. CGC-10-500934, including but not limited to the Verified
Complaint, Third Amended Cross-complaint filed by Defendants Raymond Zhang, Cindy
Zhang, Don Ying Qui, Zhangs LLC, and Ray Kai LLC and the Cross-complaint filed by
Defendant Xiang Kai LLC.
REQUESTS FOR PRODUCTION OF DOCUMENTS
1. All documents that YOU created, received, collected or maintained in connection
with the legal services YOU provided to Raymond Zhang, Cindy Zhang, Don Ying Qui or any
combination of them.
2. All files and the contents thereof that YOU created, received, collected or
maintained in connection with the legal services YOU provided to Raymond Zhang, Cindy
Zhang, Don Ying Qui or any combination of them.
3, The engagement letter or letters or other agreement(s) by which YOU agreed to
provide legal services to Raymond Zhang, Cindy Zhang, Don Ying Qui or any combination of
them, including without limitation translations thereof into a language other than English.
4, Every proposed form of engagement letter or other agreement that is not identical
to the final, fully executed engagement letter(s) or other agreement(s) pursuant to which YOU
agreed to provide legal services to Raymond Zhang, Cindy Zhang, Don Ying Qui or any
combination of them, including without limitation translations thereof into a language other than
English and all versions that bear handwritten notations.
5. Every document that constitutes, memorializes, includes a statement about,
mentions or refers to a communication between YOU and Raymond Zhang, Cindy Zhang, Don
Ying Qui or any combination of them, whether or not any other person participated in or
received the communication. This category includes, without limitation every document that
includes information about such a communication, such as a memorandum or handwritten notes.
6. Every document that includes a statement about, mentions, refers to a meeting
that occurred in the course of YOUR representation of Raymond Zhang, Cindy Zhang, Don Ying
Qui or any combination of them, regardless of the identity of the participants in the meeting.
1062237.1This category includes, without limitation, every document that includes information about such
a meeting such as handwritten notes or memoranda.
7. Every document that constitutes, memorializes, includes a statement about,
mentions or refers to a communication between YOU and any one or more of Raymond Zhang,
Cindy Zhang or Don Ying Qui about Cathay Bank, including but not limited to communications
about alleged wrongful acts or omissions or Cathay Bank, whether or not such act or omission
was alleged in any document filed in the ACTION.
8. Every document that includes a statement about, mentions or refers to the ability
of Raymond Zhang to understand spoken or written English.
9. Every document that includes a statement about, mentions or refers to the ability
of Raymond Zhang to speak or write using the English language.
10. Every document that includes a statement about, mentions or refers to the ability
of Cindy Zhang to understand spoken or written English.
11. Every document that includes a statement about, mentions or refers to the ability
of Cindy Zhang to speak or write using the English language.
12. Every document that includes a statement about, mentions or refers to the ability
of Don Ying Qui to understand spoken or written English.
13. Every document that includes a statement about, mentions or refers to the ability
of Don Ying Qui to speak or write using the English language.
14. Every draft of every declaration YOU prepared for Raymond Zhang, Cindy
Zhang or Don Ying Qui, whether or not a version of such declaration was filed or served in the
ACTION. This category of documents includes all non-identical versions of a given declaration,
including rough drafts, drafts with hand or typewritten notations, editing or proofing marks and
all non-identical copies of such drafts, whether or not a final version of a given draft declaration
ever was filed or served in the ACTION.
15. Every proposed form of engagement letter or other agreement that is not identical
to the final, fully executed engagement letter(s) or other agreement(s) pursuant to which YOU
agreed to provide legal services to Raymond Zhang, Cindy Zhang, Don Ying Qui or any
combination of them, including without limitation translations thereof into a language other than
English and all versions that bear handwritten notations.
1062237.1EXHIBIT 5SUBP-015
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): ‘COURT |
Hanna B. Raanan (State Bar No. 261014) ror (SEOMY
FRANDZEL ROBINS BLOOM & CSATO, L.C.
6500 Wilshire Boulevard, 17” Floor
Los Angeles, CA 90048-4920
TELEPHONE NO: (323) 852-1000 FAX NO. (Options: (323) 651-5277
[E-MAIL ADDRESS (Optionay: ~hraanan@frandzel.com
ATTORNEY FOR (Name): Plaintiff, CATHAY BANK
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
street aporess: 400 McAllister Street
MAILING ADDRESS:
crryanozipcooe: ~San Francisco, 94102
BRANCH NAME: Northern District
PLAINTIFF/ PETITIONER: Cathay Bank
DEFENDANT/ RESPONDENT: Raymond Xiang Kai Zhang, et al
CASE NUMBER:
DEPOSITION SUBPOENA 4 4
FOR PERSONAL APPEARANCE CBC-10-50088
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of | deponent, if known):
Michael Schinner, Schinner Law Group,96 Jessie Street, San Francisco, California
1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and place:
Date: Time: Address:
November 1, 2012 9:30 a.m. 135 Main Street, San Francisco, California
a. (J Asadeponent 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 2. (Code Civ. Proc., § 2025.230.)
b. EX) This deposition will be recorded stenographically [] through the instant visual display of testimony
andby [] audiotape [1] videotape.
c. () This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d).
2. (1 ffthe witness is a representative of a business or other entity, the matters upon which the withess is to be examined are as
follows:
3. At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition;
Jater 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 75 miles of your
residence or within 150 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 govemed by Code of Civil Procedure section 2025.250.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE
FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.
Date issued: October 12, 2012
Hanna B. Raanan
(TYPE OR PRINT NAME) (SIGNATURE OF PERSON ISSUING SUBPOENA)
Attorney for Plaintiff
(TITLE)
(Proot of service on reverse) Page 4 of 2
"re rene DEPOSITION SUBPOENA mo oe ee
‘SUBP-016 [Rev. January 1, 2008) FOR PERSONAL APPEARANCE ‘Government Code, § 88097.1DEFENDANT/RESPONDENT: Raymond Xiang Kai Zhang, et al
SUBP-015
PLAINTIFF/PETITIONER: Cathay Bank
CASE NUMBER:
CGC-10-500934
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
1. | served this Deposition Subpoena for Personal Appearance by personally delivering a copy to the person served as follows:
' declare under penalty of perjury under the laws of the State of
a. Person served (name):
b. Address where served:
c. Date of delivery:
d. Time of delivery:
e. Witness fees and mileage both ways (check one):
$
(1) were paid. Amount:
(2) were not paid.
(3) were tendered to the witness's
public entity employer as
required by Government Code
section 68097.2. The amount
tendered was (specify)
f. Fee for service...
. | received this subpoena for service on (date):
. Person serving:
Not a registered California process server
California sheriff or marshal
Registered California process server
Registered professional photocopier
Oooo0000
Fae 2a0o8
N
California that the foregoing is true and correct.
Employee or independent contractor of a registered California process server
Exempt from registration under Business and Professions Code section 22350(b)
Exempt from registration under Business and Professions Code section 22451
ime, address, telephone number, and, if applicable, county of registration and number:
(For California sheriff or marshal use only)
| certify that the foregoing is true and correct.
Date: Date:
> »
(SIGNATURE) (SIGNATURE)
‘SUBP-016 [Rev. January 1, 2009] PROOF OF SERVICE OF
DEPOSITION SUBPOENA FOR PERSONAL APPEARANCEEXHIBIT 6SUBP-015
‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
| Hanna B. Raanan (State Bar No. 261014)
[ FRANDZEL ROBINS BLOOM & CSATO, L.C.
6500 Wilshire Boulevard, 17" Floor
Los Angeles, CA 90048-4920
TELEPHONE NO: (323) 852-1000 FAX NO, (Options): (323) 651-5277
[E-MAIL ADDRESS (Optiona): ~hraanan@frandzel.com
ATTORNEY FOR (Name): Plaintiff, CATHAY BANK
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
sTREET ADDRESS: 400 McAllister Street
MAILING ADDRESS:
city ano zip cove: San Francisco, 94102
BRANCH NAME: Northern District
PLAINTIFF/ PETITIONER: Cathay Bank
DEFENDANT/ RESPONDENT: Raymond Xiang Kai Zhang, et al
CASE NUMBER:
DEPOSITION SUBPOENA “
FOR PERSONAL APPEARANCE CGC-10-500934
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known):
Quinn Chevalier, 10630 Mather Boulevard, Mather, California 95655
1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and place:
Date: Time: Address:
November 2, 2012 10:00 a.m. 3550 Watt Avenue, Suite 140, Sacramento, CA 95821
a (Asa 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 2. (Code Civ. Proc., § 2025.230.)
b. [XJ This deposition will be recorded stenographically (1 through the instant visual display of testimony
andby [] audiotape [J videotape.
c. EX) This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d).
2. (1 ifthe witness is a representative of a business or other entity, the matters upon which the witness is to be examined are as
follows:
3. 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 75 miles of your
residence or within 150 miles of your residence if the deposition will be taken within the county of the court where the action is
1. The location of the deposition for all deponents is govemed by Code of Civil Procedure section 2025.250.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE
FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.
Date issued: October 12, 2012 A
Hanna B. Raanan atte
(TYPE OR PRINT NAME) (SIGNATURE OF PERSON ISSUING SUBPOENA)
Attorney for Plaintiff
(TITLE)
(Proof of service on reverse) Page 1 of 2
Form Adopied fx Mentor Use DEPOSITION SUBPOENA 2005 2 sas ns 8 sas
‘SUBP-016 [Rev. January 1, 2009} FOR PERSONAL APPEARANCE cover ote ScoSUBP-015
PLAINTIFF/PETITIONER: Cathay Bank
DEFENDANT/RESPONDENT: Raymond Xiang Kai Zhang, et al
CASE NUMBER:
CGC-10-500934
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE
1. | served this Deposition Subpoena for Personal Appearance by personally delivering a copy to the person served as follows:
| declare under penalty of perjury under the laws of the State of
a. Person served (name):
b. Address where served:
c. Date of delivery:
d. Time of delivery:
e. Witness fees and mileage both ways (check one):
(1) were paid. Amount:..
(2)L] were not paid.
(3) were tendered to the witness's
public entity employer as
required by Government Code
section 68097.2. The amount
tendered was (specify).....
A$
f. Fee for service...
. | received this subpoena for service on (date):
. Person serving:
Not a registered California process server
Califomia sheriff or marshal
Registered
Preview
ICDC SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Oct-31-2012 10:32 am Case Number: CGC-10-500934 Filing Date: Oct-31-2012 10:30 Filed by: WESLEY G. RAMIREZ Juke Box: 001 Image: 03823790 EX PARTE APPLICATION FOR ORDER CATHAY BANK, A CALIFORNIA BANKING CORPORATION VS. RAYMOND XIANG ZHANG et al 001003823790 Instructions: Please place this sheet on top of the document to be scanned. fFwn o Oe ND 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Thomas M. Robins III (State Bar No. 054423) trobins@frandzel.com Kenneth N. Russak (State Bar No. 107283) krussak@franzel.com Hanna B. Raanan (State Bar No. 261014) hraanan@frandzel.com FRANDZEL ROBINS BLOOM & CSATO, L.C. 6500 Wilshire Boulevard Seventeenth Floor Los Angeles, California 90048-4920 Telephone: (323) 852-1000 Facsimile: (323) 651-2577 Attomeys for Plaintiff and Cross-Defendant CATHAY BANK tla Sapenet Sf Mi rANSIBOO OCT 312012 CLERK 3 ye COURT BY: eputy Clerk SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO CATHAY BANK, a California banking corporation, Plaintiff, v. RAYMOND XIANG KAI ZHANG, aka RAYMOND KAI ZHANG, aka RAYMOND ZHANG, aka XIANG KAI ZHANG, aka XIANG ZHANG, aka ZHANG XIANG, an individual; CINDY ZHANG, an individual; DONG YING QUI, an individual; XIANG KAI, LLC; a California limited liability company; RAY KAI, LLC , a California limited liability company; ZHANGS, LLC, a California limited liability company; and DOES 1 through 200, inclusive, Defendants. AND RELATED CROSS-ACTION. 1100553.1 | 23000-0790 CASE NO. CGC-10-500934 EX PARTE APPLICATION TO ADVANCE HEARING ON DEFENDANT'S MOTION TO QUASH; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF HANNA B. RAANAN; [PROPOSED] ORDER ON EX PARTE APPLICATION Date: October 31, 2012 Time: 11:00 a.m. Dept.: 302 400 McAllister Street San Francisco, CA 94102 EX PARTE APPLIC TO ADVANCE HEARING ON DEFENDANT'S MOTION TO QUASH; MEMO OF POINTS AND AUTHORITIES; DECL OF HANNA B. RAANAN; [PROPOSED] ORDER ON EX PARTE APPLICATIONan Co em ND 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Plaintiff and cross-defendant Cathay Bank (the "Bank") hereby applies to the Court Ex Parte for an order (1) advancing the hearing date on the Motion to Quash Deposition Subpoenas of Michael Schinner and Quinn Chevalier ("Motion"), served by Defendants and cross-complainants Raymond Zhang, Cindy Zhang, Zhangs, LLC, and Rai Kai LLC ("Defendants" or "Cross-complainants") from November 19, 2012 to the next available earlier date on the Court's calendar, (2) that the depositions shall be taken within five calendar days of the order denying the Motion to quash, and (3) an order that the discovery cutoff is lifted for purposes of completion of these depositions. Ex Parte Notice: On October 29, 2012, at 3:35 p.m., counsel for the Bank gave written ex parte notice to counsel for defendants that the Bank would be appearing on October 31, 2010 at 11:00 a.m. in this Department to seek the above described relief. (Declaration of Hanna Raanan ("Raanan Dec.") 2.) Basis For This Application: This application is based on the following: The Motion to quash is frivolous given this Court's indicated ruling on an almost identical motion heard by this Court on October 5, 2012. On or about October 5, 2012, the Court heard arguments on the Defendant's Motion to Quash deposition subpoenas for production of documents to Michael Schinner and Quinn Chevalier ("First Motion"), who were original counsel for Defendants. The arguments in the Defendant's First Motion were essentially identical to those made in this Motion. At the October 5, 2012 hearing, the Court indicated that it would deny the motion, but set certain limits on the documents to be produced. The Court, however, has not yet issued its final ruling on the matter. Pursuant to the Court's statements at the hearing on the First Motion, Plaintiff issued its deposition subpoenas for the depositions of Michael Schinner and Quinn Chevalier. The depositions are currently scheduled for November 1, 2012 and November 5, 2012, respectively. Defendants filed their Motion to Quash Deposition Subpoena's and Notice of Taking deposition on October 25, 2012 ("Motion"). The Motion set a hearing date of November 19, 2012. The discovery cutoff date in this case is November 5, 2012 and motion cutoff November 19, 2012. 1100553.1 | 023000-0790 1 EX PARTE APPLIC TO ADVANCE HEARING ON DEFENDANT'S MOTION TO QUASH; MEMO OF POINTS AND AUTHORITIES; DECL OF HANNA B. RAANAN; [PROPOSED] ORDER ON EX PARTE APPLICATIONFRANDZEL ROBINS BLOOM & CsaTo, L.C. 6500 WILSHIRE BOULEVARD, 17TH FLOOR Los ANGELES, CALIFORNIA 90048-4920 (323) 852-1000 Ce NR DH FB NY NY NR YN YN KN KN NY SF Be Be ee Be ee Be Be Be ec NDA A RF YW YH FS SBD we NY DH BF WN KF OS Need for Ex Parte Relief: The Bank needs this ex parte relief due to the shortness of time before trial. If the Motion is not heard until November 19, 2012 only two weeks would remain to trial. The Bank needs these depositions to be held in early November 2012, especially if there will be further law and motion work needed with respect thereto. Facts Justifying Relief. As can be seen by the Declaration of Hanna B. Raanan submitted herewith and can be seen from the records of the Court on file herein, the facts upon which this Application are based are the following: 1. The Defendants filed a Motion to Quash Deposition Subpoenas for Production of Documents on or about September 10, 2012 ("First Motion"). Cathay Bank filed its Opposition to the First Motion alleging waiver of the attorney-client privilege and work-product doctrine on October 1, 2012. The First Motion was heard on October 12, 2012. At the hearing, the Court indicated its inclination to deny the First Motion and allow the subpoenas to stand, subject to certain limitations. On October 30, 2012, the Court issued its Order on the First Motion granting in part and denying in part the First Motion. 2. Following the hearing on the First Motion, and subject to the Court statements, Cathay Bank issued deposition subpoenas for the depositions of Michael Schinner and Quinn Chevalier — with the depositions set for November 1, 2012 and November 2, 2012. 3. Following the service of the deposition subpoena on Quinn Chevalier, and pursuant to agreement between Cathay Bank and Mr. Chevalier, his deposition was continued to November 5, 2012 due to his unavailability on November 2, 2012. 4. On October 18, 2012, Chijeh Hu, counsel for Defendants, agreed on the record that Mr. Chevalier's deposition would begin on November 5, 2012 but could continued if necessary past the discovery cutoff date. 5. The discovery cutoff date in this case is November 5, 2012. 6. The Motion is set to be heard on November 19, 2012 — well after the discovery cutoff date, and would prejudice Cathay Bank if heard so close to the trial date, leaving limited 1100553.1 | 023000-0790 2 EX PARTE APPLICATION TO ADVANCE HEARING ON DEFENDANT'S MOTION TO QUASH; MEMO OF POINTS AND AUTHORITIES; DECLARATION OF HANNA B. RAANAN; [PROPOSED] ORDER ON EX PARTE APPLICATIONFRANDZEL ROBINS BLOOM & CSATO, L.C. 6500 WILSHIRE BOULEVARD, 17TH FLOOR Los ANGELES, CALIFORNIA 90048-4920 (323) 852-1000 time for Cathay to take the depositions at issue. 7. The Court has already heard the arguments regarding privilege and the Defendants’ waiver of that privilege and has already made certain determinations as to these issues (even though a final ruling has not been issued). The Court determinations on the First Motion make this Motion frivolous and without merit. This Application is based upon the Declaration of Hanna Raanan and the accompanying memorandum of points and authorities, the Motion to Quash subpoenas for Production of Documents and related papers, the pleadings and papers on file herein, and such oral and documentary evidence as may be presented at the hearing on this Application. DATED: October 31, 2012 FRANDZEL ROBINS BLOOM & CSATO, L.C. THOMAS M. ROBINS III KENNETH N. RUSSAK HANNA B. RAANAN 1100553.1 | 023000-0790 3 EX PARTE APPLICATION TO ADVANCE HEARING ON DEFENDANT'S MOTION TO QUASH; MEMO OF POINTS AND AUTHORITIES; DECLARATION OF HANNA B. RAANAN; [PROPOSED] ORDER ON EX PARTE APPLICATIONMEMORANDUM OF POINTS AND AUTHORITIES Plaintiff and Cross-Defendant Cathay Bank ("Cathay") respectfully submits the following memorandum of points and authorities in support of its Application to Advance Hearing Date on Defendants' Motion to Quash Deposition Subpoenas ("Application"). L STATEMENT OF FACTS Cathay issued its Subpoenas for Deposition of Michael Schinner and Quinn Chevalier on October 12, 2012 ("Depo Subpoenas"). The Depo Subpoenas were issued following and pursuant to the hearing on Defendants’ Motion to Quash Subpoenas for Production of Documents to Schinner Law Group and Quinn Chevalier ("First Motion"), wherein the Court indicated its intention to deny the subpoena and to issue an Order compelling production of documents. (See Declaration of Hanna Raanan, §{ 4 and 5.) On October 25, 2012, the defendants filed and served the current Motion to Quash the Depo Subpoenas ("Motion") and raise the same arguments as made in the First Motion. (Id., § 8.) Furthermore, the Motion sets a hearing date well past the discovery cutoff date and 10 business days before the trial date in this case, and ensuring that Cathay has no time to actually depose the two witnesses if the Court denies the Motion. I. THE COURT SHOULD ADVANCE THE HEARING DATE FOR THE MOTION SO THAT IT MAY BE HEARD IN TIME TO ALLOW ENOUGH TIME FOR CATHAY TO CONDUCT THE DEPOSITION AT ISSUE AND ANY FOLLOW UP MATTERS RELATED THERETO Pursuant to California Rules of Court 3.1201, Cathay has filed an application, a declaration, this memorandum of points and authorities, and a proposed Order. The application is made in accordance with California Rules of Court, Rule 3.1202 and proper notice has been given. Exigent circumstances exist that necessitate that the Motion be heard on an ex parte basis at the first availability opportunity. Specifically, the discovery cutoff date in this case is November 5, 2012 and Cathay requests the Court advance the hearing on the Motion to the first week of November, order a shortened briefing schedule, order that the depositions be held within five 1100553.1 | 23000-0790 1 EX PARTE APPLIC TO ADVANCE HEARING ON DEFENDANT'S MOTION TO QUASH; MEMO OF POINTS AND AUTHORITIES; DECL OF HANNA B. RAANAN; [PROPOSED] ORDER ON EX PARTE APPLICATIONFRANDZEL ROBINS BLOOM & CSATO, L.C. 6500 WILSHIRE BOULEVARD, 17TH FLOOR Los ANGELES, CALIFORNIA 90048-4920 (323) 852-1000 0 Oe ND WH RF WYN DN NY NY YN YN NY BB Be Be ee Be Be eB oN A A BF Yow NY KF Ss © wm AYN DAH B Bw NH SF TS calendar days of the denial of the Motion to Quash, and order the lifting of the discovery cutoff date as to the two depositions at issue in the Motion. The Defendants will not be prejudiced by the advance of the hearing date on their Motion because the issues raised in the Motion are similar if not identical to the First Motion, and have been argued before this Court previously. Til. CONCLUSION The Court should advance the November 19, 2012 hearing date on the Defendants’ Motion to the first available date on the Court's calendar, order that the depositions be held within five calendar days of the denial of the Motion to Quash, and order that the discovery cutoff date as to the two depositions is lifted. DATED: October 31, 2012 Respectfully submitted, FRANDZEL ROBINS BLOOM & CSATO, L.C. THOMAS M. ROBINS III KENNETH RUSSAK HANNA B. RAANAN 4 By: OGhtAtBe+~ A B. .N Attorneys for Plaintiff and Cross-Defendant CATHAY BANK 1100553.1 | 023000-0790 2 EX PARTE APPLICATION TO ADVANCE HEARING ON DEFENDANT'S MOTION TO QUASH; MEMO OF POINTS AND AUTHORITIES; DECLARATION OF HANNA B. RAANAN; [PROPOSED] ORDER ON EX PARTE APPLICATIONFRANDZEL ROBINS BLOOM & CSATO, L.C. 6500 WILSHIRE BOULEVARD, 17TH FLOOR Los ANGELES, CALIFORNIA 90048-4920 (323) 852-1000 DECLARATION OF HANNA B. RAANAN 1. I am an attorney admitted to practice before all the Courts of the State of California and an associate at Frandzel Robins Bloom & Csato, L.C., counsel of record for Plaintiff Cathay Bank. I have personal knowledge of the matters set forth in this declaration and I could and would testify competently thereto if called upon to do so. 2. Ex Parte Notice. On October 29, 2012 at 3:35 p.m. I gave counsel for Defendants, Chijeh Hu, and Maureen McCuaig of his office, notice by email, that the Bank would be appearing on this ex parte on October 31, 2012 at 11:00 a.m. in the Department seeking the relief specified in this motion. Attached hereto as Exhibit 1 is a copy of my email to counsel. 3. On or about October 29, 2012, I received a response from Ms. McCuaig indicating that the Defendants would oppose the Bank's ex parte application to advance the hearing on Defendants' Motion to Quash. Attached hereto as Exhibit 2 is a copy of Ms. McCuaig's response email. 4. On October 12, 2012, the parties appeared on the Defendants first Motion to Quash Deposition Subpoena for Production of Consumer Records filed by the defendants on September 10, 2012. At that hearing, the Court indicated its intention to deny the first motion to quash and issue an order compelling production of documents. 5. Pursuant to the Court's indication at the October 12, 2012 hearing, on or about October 12, 2012, I issued a subpoena for the depositions of Michael G. Schinner and Quinn Chevalier. Attached hereto as Exhibits 3 and 4 are true and correct copies of the Deposition Subpoenas to Michael G. Schinner and Quinn Chevalier. 6. Michael Schinner's deposition is currently scheduled to begin on November 1, 2012 at 9:00 a.m. While Quinn Chevalier's deposition was originally scheduled for November 2, 2012, pursuant to agreement between Mr. Chevalier, my office and counsel for the Defendants, his deposition is currently scheduled to begin on November 5, 2012. Attached hereto as Exhibit 5 is a true and correct copy of the Amended Notice of Deposition. 1100553.1 | 023000-0790 EX PARTE APPLICATION TO ADVANCE HEARING ‘ON DEFENDANT'S MOTION TO QUASH; MEMO OF POINTS AND AUTHORITIES; DECLARATION OF HANNA B. RAANAN; [PROPOSED] ORDER ON EX PARTE APPLICATIONFRANDZEL ROBINS BLOOM & Csaro, L.C. 6500 WILSHIRE BOULEVARD, 17TH FLOOR Los ANGELES, CALIFORNIA 90048-4920 (323) 852-1000 oOo ND 10 ul 12 13 14 15 16 17 18 19 20 21 2 23 24 25 26 27 28 7. Prior to the current subpoenas that are at issue in the Defendants’ Motion to Quash Deposition Subpoenas and Stay Depositions ("Second Motion"), on or about August 23, 2012, I issued deposition subpoenas for production of documents to Schinner Law Group and Quinn Chevalier. Attached hereto as Exhibits 6 and 7 are true and correct copies of the Deposition Subpoenas for Production of Business Records. 8. On or about September 10 2012, Defendants filed their Motion to Quash Depositions Subpoena for Production of Consumer Records ("First Motion"). Attached hereto as Exhibit 8 is a true and correct copy of the First Motion. The First Motion raises substantially similar issues as those raised in this Motion. 9. The Bank filed its Opposition to the First Motion on October 1, 2012. Attached hereto as Exhibit 9 is a true and correct copy of the Bank's Opposition to the First Motion. 10. On October 30, 2012, the Court issued its ruling on the First Motion, granting in part and denying in part. Attached hereto as Exhibit 10 is a true and correct copy of the October 30, 2012 Order. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed the 31st day of October, 2012. 1100553.1 | 023000-0790 EX PARTE APPLICATION TO ADVANCE HEARING ( ON DEFENDANT'S MOTION TO QUASH; MEMO OF POINTS AND AUTHORITIES; DECLARATION OF HANNA B. RAANAN; [PROPOSED] ORDER ON EX PARTE APPLICATIONEXHIBIT 1Hanna B. Raanan From: Hanna B. Raanan Sent: Monday, October 29, 2012 3:35 PM To: 'C Hu’; 'mmecuaig@cjhapc.com' Ce: Kenneth N. Russak; Thomas Robins Subject: Ex parte Notice Tracking: Recipient Delivery Read *C Hu’ ‘mmccuaig@sjhape.com’ Kenneth N. Russak Delivered: 10/29/2012 3:35 PM Thomas Robins Delivered: 10/29/2012 3:35 PM Read: 10/29/2012 3:39 PM ‘CATHAY BANK_RAY KAI_ LLC E_Mail <{F1402312}.FRBC_IMAN_LA@wes.f Dear Chijeh, This email serves as notice that on October 31, 2012, at 11:00 a.m. in Department 302 of the San Francisco Superior Court located at 400 McAllister St., San Francisco, we will be appearing ex parte on our application to have the hearing date on the Defendants’ Motion to Quash advanced to October 31, 2012, or in the alternative to strike the Motion to Quash, and for a Court directing the deponents to appear for their depositions. Please let me know whether you intend to oppose the ex parte application. Sincerely, Hanna B. Raanan FRANDZEL ROBINS BLOOM & CSATO, L.C. 6500 Wilshire Boulevard, 17th Floor Los Angeles, CA 90048-4920 Phone: (323) 852-1000 Facsimile: (323) 658-9645 E-mail: hraanan@frandzel.com Web: www. frandzel.com 4iGo GREEN: Please consider the environment before you print. This electronic message contains information which may be confidential and privileged and is intended only for the named addressee. Unless you are the addressee of this message you may not use, copy or disclose the contents of this message to anyone. If you have received this message in error, please delete the message and advise the sender by reply e-mail or by calling (323) 852-1000. Thank you. To ensure compliance with Internal Revenue Service Circular 230, we inform you that any U.S. Federal Tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any tax-related matter(s) addressed herein.EXHIBIT 2Page 1 of 1 Maureen McCuaig a From: Maureen McCuaig Sent: 2012/10/29 19:33 To: ‘C Hu’; Hanna B. Raanan Subject: Re: Ex parte Notice Hanna, We will oppose the ex parte application. Please respond with your moving papers on this motion. Regards, Maureen On October 29, 2012 at 6:35 PM "Hanna B. Raanan" wrote: Dear Chijeh, This email serves as notice that on October 31, 2012, at 11:00 a.m. in Department 302 of the San Francisco Superior Court located at 400 McAllister St., San Francisco, we will be appearing ex parte on our application to have the hearing date on the Defendants’ Motion to Quash advanced to October 31, 2012, or in the alternative to strike the Motion to Quash, and for a Court directing the deponents to appear for their depositions. Please let me know whether you intend to oppose the ex parte application. Sincerely, Hanna B, Raanan FRANDZEL ROBINS BLOOM & CSATO, L.C. 6500 Wilshire Boulevard, 17th Floor Los Angeles, CA 90048-4920 Phone: (323) 852-1000 Facsimile: (323) 658-9645 E-mail: hraanani in com Web: www. frandzel.com wAiGo GREEN: Please consider the environment before you print. This electronic message contains info mation which may be confidential and privileged and is intended only for the named addressee. Unless you are the addressee of t his message y ou may not use, copy or disclose the contents of this message to any one. If you have received this, message in error, please delete the message and adv ise the sender by reply e-mail or by calling (323) 862-1000. Thank you. To ensure compliance with Internal Revenue Service Circular 230, we Inform you that any U.S. Federal Tax advice contained in this communication is not intend ed or written to be used, and cannot be used , for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommend ing to another party any tax-relatod matter(s) addressed her ein. x Maureen McCuaig, Esq. CJH & Associates, PC 1440 Broadway, Suite 1000 Oakland, CA 94612 Phone: (510) 832-1686 Fax: (510) 251-1155 email: mmeccuaig@cjhape.comEXHIBIT 3SUBP-010 FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): | Hanna B. Raanan (State Bar No 261014) FRANDZEL ROBINS BLOOM & CSATO, L.C. 6500 Wilshire Boulevard, 17" Floor Los Angeles, CA 90048-4920 TELEPHONE NO: (323) 852-1000 FaxNno. (323) 651-2577 E-mail aporess: hraanan@frandzel.com . ATTORNEY FOR (Neme): Plaintiff/Cross-Defendant CATHAY BAN: SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO STREET ADDRESS: 400 McAllister Street MAILING ADDRESS: city aND zip cope: San Francisco, 94102 BRANCH NAME: Northern District PLAINTIFF/PETITIONER: Cathay Bank DEFENDANT/RESPONDENT: Raymond Xiang Kai Zhang, et al CASE NUMBER: DEPOSITION SUBPOENA CGC~100500934 FOR PRODUCTION OF BUSINESS RECORDS THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known): Custodian of Records, Schinner Law Group, 96 Jessie Street, San Francisco, CA 94105 1, YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3, as follows: To (name of deposition officer). Joe Huber of Nationwide Legal Express On (date): September 14, 2012 At (time): 10:00 a.m. Location (address): 859 Harrison Street, Suite A, San Francisco, CA 94107, (877) 326-2679 Do not release the requested records to the deposition officer prior to the date and time stated above. a 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. 1 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. (1 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. {%] Continued on Attachment 3. 4.IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 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 IR FAILURE TO OBEY. Date issued: August 23, 2012 Hanna B. Raanan > (TYPE OR PRINT NAME) "PERSON ISSUING SUBPOENA) Attofney of Plaintiff/Cross-Defendant CATHAY BANK (TITLE) (Proof of service on reverse) Pago 1 of2 Form Adopted for Mancistory Use DEPOSITION SUBPOENA FOR PRODUCTION Code of Civil Procedure, $§ 2020.410-2020.440; suspor0{Re derury 1 2012 OF BUSINESS RECORDS cocoaSUBP-010 PLAINTIFF/PETITIONER: Cathay Bank mmo Raymond Xiang Kai Zhang, et al ‘CASE NUMBER: CGC-100500934 PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS 1. I served this Deposition Subpoena for Production of Business Records by personally delivering a copy to the person served | deciare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. as follows: a. Person served (name): b. Address where served: c. Date of delivery: d. Time of delivery: e. (1) Witness fees were paid. Amout @)O Copying Amount: f. Fee for service: .. . Person serving: . | received this subpoena for service on (date): a. O] Nota registered California process server. . 1 California sheriff or marshal. b. c. [1] Registered California process server. |. [1 Employee or independent contractor of a registered California process server. e. C1 Registered professional photocopier. d. f. g. (1) Exempt from registration under Business and Professions Code section 22451. h. .O Exempt from registration under Business and Professions Code section 22350(b). . Name, address, telephone number, and, if applicable, county of registration and number: Date: » (For California sheriff or marshal use only) I certify that the foregoing is true and correct. Date: » (SIGNATURE) (SIGNATURE) ‘SUBP-010 [Rev. January 1, 2012], DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS Pago 2 0f2 ‘wine FornsWorkFlow.com SfGENERAL INSTRUCTIONS AND DEFINITIONS A. YOU are required to produce all of the documents described below, whether or not they came into your possession, custody or control before, during or after the period in which YOU had a formal attorney-client relationship with any one or more of Raymond Zhang, Cindy Zhang or Don Ying Qui. B. As used herein, the term YOU and YOUR shall mean the Schinner Law Group, its officers, directors, employees, agents and representatives. c. Document means "writing" as writing is defined in Evidence Code Section 250. D. "ACTION" means the case titled Cathay Bank ys. Raymond Zhang, et al, San Francisco Superior Court Case No. CGC-10-500934, including but not limited to the Verified Complaint, Third Amended Cross-complaint filed by Defendants Raymond Zhang, Cindy Zhang, Don Ying Qui, Zhangs LLC, and Ray Kai LLC and the Cross-complaint filed by Defendant Xiang Kai LLC. REQUESTS FOR PRODUCTION OF DOCUMENTS 1 All documents that YOU created, received, collected or maintained in connection with the legal services YOU provided to Raymond Zhang, Cindy Zhang, Don Ying Qui or any combination of them. 2. All files and the contents thereof that YOU created, received, collected or maintained in connection with the legal services YOU provided to Raymond Zhang, Cindy Zhang, Don Ying Qui or any combination of them. 3. The engagement letter or letters or other agreement(s) by which YOU agreed to provide legal services to Raymond Zhang, Cindy Zhang, Don Ying Qui or any combination of them, including without limitation translations thereof into a language other than English. 4, Every proposed form of engagement letter or other agreement that is not identical to the final, fully executed engagement letter(s) or other agreement(s) pursuant to which YOU agreed to provide legal services to Raymond Zhang, Cindy Zhang, Don Ying Qui or any combination of them, including without limitation translations thereof into a language other than English and all versions that bear handwritten notations. 5. Every document that constitutes, memorializes, includes a statement about, mentions or refers to a communication between YOU and Raymond Zhang, Cindy Zhang, Don Ying Qui or any combination of them, whether or not any other person participated in or received the communication. This category includes, without limitation every document that includes information about such a communication, such as a memorandum or handwritten notes. 6. Every document that includes a statement about, mentions, refers to a meeting that occurred in the course of YOUR representation of Raymond Zhang, Cindy Zhang, Don Ying Qui or any combination of them, regardless of the identity of the participants in the meeting. 1058996.3This category includes, without limitation, every document that includes information about such a meeting such as handwritten notes or memoranda. 7. Every document that constitutes, memorializes, includes a statement about, mentions or refers to a communication between YOU and any one or more of Raymond Zhang, Cindy Zhang or Don Ying Qui about Cathay Bank, including but not limited to communications about alleged wrongful acts or omissions or Cathay Bank, whether or not such act or omission was alleged in any document filed in the ACTION. 8. Every document that includes a statement about, mentions or refers to the ability of Raymond Zhang to understand spoken or written English. 9. Every document that includes a statement about, mentions or refers to the ability of Raymond Zhang to speak or write using the English language. 10. Every document that includes a statement about, mentions or refers to the ability of Cindy Zhang to understand spoken or written English. 11. Every document that includes a statement about, mentions or refers to the ability of Cindy Zhang to speak or write using the English language. 12, Every document that includes a statement about, mentions or refers to the ability of Don Ying Qui to understand spoken or written English. 13. Every document that includes a statement about, mentions or refers to the ability of Don Ying Qui to speak or write using the English language. 14. Every draft of every declaration YOU prepared for Raymond Zhang, Cindy Zhang or Don Ying Qui, whether or not a version of such declaration was filed or served in the ACTION. This category of documents includes all non-identical versions of a given declaration, including rough drafts, drafts with hand or typewritten notations, editing or proofing marks and all non-identical copies of such drafts, whether or not a final version of a given draft declaration ever was filed or served in the ACTION. 15. Every proposed form of engagement letter or other agreement that is not identical to the final, fully executed engagement letter(s) or other agreement(s) pursuant to which YOU agreed to provide legal services to Raymond Zhang, Cindy Zhang, Don Ying Qui or any combination of them, including without limitation translations thereof into a language other than English and all versions that bear handwritten notations. 1058996.3EXHIBIT 4SUBP-010 | Hanna B. Raanan (State Bar No 261014) | FRANDZEL ROBINS BLOOM & CSATO, L.C. 6500 Wilshire Boulevard, 17" Floor Los Angeles, CA 90048-4920 TELEPHONE NO: (323) 852-1000 Fax no. (323) 651-2577 EMAIL AooRESS: hraanan@frandzel.com ATTORNEY FOR (Name): Plaintiff/Cross-Defendant CATHAY BANK ‘SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO sTREET ADDRESS: 400 McAllister Street MAILING ADDRESS: erry ano zip cove: San Francisco, 94102 BRANCH NAME: Northern District PLAINTIFF/PETITIONER: Cathay Bank DEFENDANT/RESPONDENT: Raymond Xiang Kai Zhang, et al DEPOSITION SUBPOENA CGC~10050 FOR PRODUCTION OF BUSINESS RECORDS CGC~100500984 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known): Quinn Cheavlier, 10630 Mather Boulevard, Mather, CA 95655 1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3, as follows: To (name of deposition officer): Joe Huber of Nationwide Legal Express On (date): September 14, 2012 At (time): 10:00 a.m. Location (address): 859 Harrison Street, Suite A, San Francisco, CA 94107, (877) 326-2679 Do not release the requested records to the deposition officer prior to the date and time stated above. a. EX 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. O 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 O 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. {%) Continued on Attachment 3. 4.IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 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 RESULTJING FROM Y‘ FAILURE TO OBEY. Date issued: August 23, 2012 Hanna B. Raanan (TYPE OR PRINT NAME) PERSON ISSUING SUBPOENA) Attorvey of Plaintiff/Cross-Defendant CATHAY BANK (TITLE) (Proof of service on reverse) Page 1 of 2 Ferm Adopted er Mandatory Use DEPOSITION SUBPOENA FOR PRODUCTION Code of Git Poses, $§2020410-2020.440, uaP-010 Row Jerry 2012 OF BUSINESS RECORDS Government Cove, § 60097. www .courts.ca.govSUBP-010 PLAINTIFF/PETITIONER: Cathay Bank ‘CASE NUMBER: ¥ CGC-100500934 DEFENDANT/RESPONDENT: Raymond Xiang Kai Zhang, et al PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS 1. 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): . b. Address where served: c. Date of delivery: d. Time of delivery: e. (1)] Witness fees were paid. Amount: (2) Copying fees were paid. Amount: f. Fee for service: .. 2. | received this subpoena for service on (date): 3. Person serving: . Not a registered Califomia process server. a b. CO Califomia sheriff or marshal. c. (1) Registered California process server. d. e. f. 0 Employee or independent contractor of a registered California process server. . (1 Exempt from registration under Business and Professions Code section 22350(b). C0 Registered professional photocopier. g. o 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 (For California sheriff or marshal use only) California that the foregoing is true and correct. | certify that the foregoing is true and correct. Date: Date: » » (SIGNATURE) (SIGNATURE) ‘SUBP-010 [Rev. January 1, 2012] DEPOSITION SUBPOENA FOR PRODUCTION Page 20f2 OF BUSINESS RECORDSGENERAL INSTRUCTIONS AND DEFINITIONS A. YOU are required to produce all of the documents described below, whether or not they came into your possession, custody or control before, during or after the period in which YOU had a formal attorney-client relationship with any one or more of Raymond Zhang, Cindy Zhang or Don Ying Qui. B. As used herein, the term YOU and YOUR shall mean Quinn Chevalier. Cc. Document means "writing" as writing is defined in Evidence Code Section 250. D. "ACTION" means the case titled Cathay Bank vs. Raymond Zhang, et al, San Francisco Superior Court Case No. CGC-10-500934, including but not limited to the Verified Complaint, Third Amended Cross-complaint filed by Defendants Raymond Zhang, Cindy Zhang, Don Ying Qui, Zhangs LLC, and Ray Kai LLC and the Cross-complaint filed by Defendant Xiang Kai LLC. REQUESTS FOR PRODUCTION OF DOCUMENTS 1. All documents that YOU created, received, collected or maintained in connection with the legal services YOU provided to Raymond Zhang, Cindy Zhang, Don Ying Qui or any combination of them. 2. All files and the contents thereof that YOU created, received, collected or maintained in connection with the legal services YOU provided to Raymond Zhang, Cindy Zhang, Don Ying Qui or any combination of them. 3, The engagement letter or letters or other agreement(s) by which YOU agreed to provide legal services to Raymond Zhang, Cindy Zhang, Don Ying Qui or any combination of them, including without limitation translations thereof into a language other than English. 4, Every proposed form of engagement letter or other agreement that is not identical to the final, fully executed engagement letter(s) or other agreement(s) pursuant to which YOU agreed to provide legal services to Raymond Zhang, Cindy Zhang, Don Ying Qui or any combination of them, including without limitation translations thereof into a language other than English and all versions that bear handwritten notations. 5. Every document that constitutes, memorializes, includes a statement about, mentions or refers to a communication between YOU and Raymond Zhang, Cindy Zhang, Don Ying Qui or any combination of them, whether or not any other person participated in or received the communication. This category includes, without limitation every document that includes information about such a communication, such as a memorandum or handwritten notes. 6. Every document that includes a statement about, mentions, refers to a meeting that occurred in the course of YOUR representation of Raymond Zhang, Cindy Zhang, Don Ying Qui or any combination of them, regardless of the identity of the participants in the meeting. 1062237.1This category includes, without limitation, every document that includes information about such a meeting such as handwritten notes or memoranda. 7. Every document that constitutes, memorializes, includes a statement about, mentions or refers to a communication between YOU and any one or more of Raymond Zhang, Cindy Zhang or Don Ying Qui about Cathay Bank, including but not limited to communications about alleged wrongful acts or omissions or Cathay Bank, whether or not such act or omission was alleged in any document filed in the ACTION. 8. Every document that includes a statement about, mentions or refers to the ability of Raymond Zhang to understand spoken or written English. 9. Every document that includes a statement about, mentions or refers to the ability of Raymond Zhang to speak or write using the English language. 10. Every document that includes a statement about, mentions or refers to the ability of Cindy Zhang to understand spoken or written English. 11. Every document that includes a statement about, mentions or refers to the ability of Cindy Zhang to speak or write using the English language. 12. Every document that includes a statement about, mentions or refers to the ability of Don Ying Qui to understand spoken or written English. 13. Every document that includes a statement about, mentions or refers to the ability of Don Ying Qui to speak or write using the English language. 14. Every draft of every declaration YOU prepared for Raymond Zhang, Cindy Zhang or Don Ying Qui, whether or not a version of such declaration was filed or served in the ACTION. This category of documents includes all non-identical versions of a given declaration, including rough drafts, drafts with hand or typewritten notations, editing or proofing marks and all non-identical copies of such drafts, whether or not a final version of a given draft declaration ever was filed or served in the ACTION. 15. Every proposed form of engagement letter or other agreement that is not identical to the final, fully executed engagement letter(s) or other agreement(s) pursuant to which YOU agreed to provide legal services to Raymond Zhang, Cindy Zhang, Don Ying Qui or any combination of them, including without limitation translations thereof into a language other than English and all versions that bear handwritten notations. 1062237.1EXHIBIT 5SUBP-015 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): ‘COURT | Hanna B. Raanan (State Bar No. 261014) ror (SEOMY FRANDZEL ROBINS BLOOM & CSATO, L.C. 6500 Wilshire Boulevard, 17” Floor Los Angeles, CA 90048-4920 TELEPHONE NO: (323) 852-1000 FAX NO. (Options: (323) 651-5277 [E-MAIL ADDRESS (Optionay: ~hraanan@frandzel.com ATTORNEY FOR (Name): Plaintiff, CATHAY BANK SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO street aporess: 400 McAllister Street MAILING ADDRESS: crryanozipcooe: ~San Francisco, 94102 BRANCH NAME: Northern District PLAINTIFF/ PETITIONER: Cathay Bank DEFENDANT/ RESPONDENT: Raymond Xiang Kai Zhang, et al CASE NUMBER: DEPOSITION SUBPOENA 4 4 FOR PERSONAL APPEARANCE CBC-10-50088 THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of | deponent, if known): Michael Schinner, Schinner Law Group,96 Jessie Street, San Francisco, California 1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and place: Date: Time: Address: November 1, 2012 9:30 a.m. 135 Main Street, San Francisco, California a. (J Asadeponent 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 2. (Code Civ. Proc., § 2025.230.) b. EX) This deposition will be recorded stenographically [] through the instant visual display of testimony andby [] audiotape [1] videotape. c. () This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d). 2. (1 ffthe witness is a representative of a business or other entity, the matters upon which the withess is to be examined are as follows: 3. At the deposition, you will be asked questions under oath. Questions and answers are recorded stenographically at the deposition; Jater 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 75 miles of your residence or within 150 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 govemed by Code of Civil Procedure section 2025.250. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: October 12, 2012 Hanna B. Raanan (TYPE OR PRINT NAME) (SIGNATURE OF PERSON ISSUING SUBPOENA) Attorney for Plaintiff (TITLE) (Proot of service on reverse) Page 4 of 2 "re rene DEPOSITION SUBPOENA mo oe ee ‘SUBP-016 [Rev. January 1, 2008) FOR PERSONAL APPEARANCE ‘Government Code, § 88097.1DEFENDANT/RESPONDENT: Raymond Xiang Kai Zhang, et al SUBP-015 PLAINTIFF/PETITIONER: Cathay Bank CASE NUMBER: CGC-10-500934 PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE 1. | served this Deposition Subpoena for Personal Appearance by personally delivering a copy to the person served as follows: ' declare under penalty of perjury under the laws of the State of a. Person served (name): b. Address where served: c. Date of delivery: d. Time of delivery: e. Witness fees and mileage both ways (check one): $ (1) were paid. Amount: (2) were not paid. (3) were tendered to the witness's public entity employer as required by Government Code section 68097.2. The amount tendered was (specify) f. Fee for service... . | received this subpoena for service on (date): . Person serving: Not a registered California process server California sheriff or marshal Registered California process server Registered professional photocopier Oooo0000 Fae 2a0o8 N California that the foregoing is true and correct. Employee or independent contractor of a registered California process server Exempt from registration under Business and Professions Code section 22350(b) Exempt from registration under Business and Professions Code section 22451 ime, address, telephone number, and, if applicable, county of registration and number: (For California sheriff or marshal use only) | certify that the foregoing is true and correct. Date: Date: > » (SIGNATURE) (SIGNATURE) ‘SUBP-016 [Rev. January 1, 2009] PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCEEXHIBIT 6SUBP-015 ‘ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY | Hanna B. Raanan (State Bar No. 261014) [ FRANDZEL ROBINS BLOOM & CSATO, L.C. 6500 Wilshire Boulevard, 17" Floor Los Angeles, CA 90048-4920 TELEPHONE NO: (323) 852-1000 FAX NO, (Options): (323) 651-5277 [E-MAIL ADDRESS (Optiona): ~hraanan@frandzel.com ATTORNEY FOR (Name): Plaintiff, CATHAY BANK SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO sTREET ADDRESS: 400 McAllister Street MAILING ADDRESS: city ano zip cove: San Francisco, 94102 BRANCH NAME: Northern District PLAINTIFF/ PETITIONER: Cathay Bank DEFENDANT/ RESPONDENT: Raymond Xiang Kai Zhang, et al CASE NUMBER: DEPOSITION SUBPOENA “ FOR PERSONAL APPEARANCE CGC-10-500934 THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known): Quinn Chevalier, 10630 Mather Boulevard, Mather, California 95655 1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following date, time, and place: Date: Time: Address: November 2, 2012 10:00 a.m. 3550 Watt Avenue, Suite 140, Sacramento, CA 95821 a (Asa 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 2. (Code Civ. Proc., § 2025.230.) b. [XJ This deposition will be recorded stenographically (1 through the instant visual display of testimony andby [] audiotape [J videotape. c. EX) This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025.620(d). 2. (1 ifthe witness is a representative of a business or other entity, the matters upon which the witness is to be examined are as follows: 3. 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 75 miles of your residence or within 150 miles of your residence if the deposition will be taken within the county of the court where the action is 1. The location of the deposition for all deponents is govemed by Code of Civil Procedure section 2025.250. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF $500 AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: October 12, 2012 A Hanna B. Raanan atte (TYPE OR PRINT NAME) (SIGNATURE OF PERSON ISSUING SUBPOENA) Attorney for Plaintiff (TITLE) (Proof of service on reverse) Page 1 of 2 Form Adopied fx Mentor Use DEPOSITION SUBPOENA 2005 2 sas ns 8 sas ‘SUBP-016 [Rev. January 1, 2009} FOR PERSONAL APPEARANCE cover ote ScoSUBP-015 PLAINTIFF/PETITIONER: Cathay Bank DEFENDANT/RESPONDENT: Raymond Xiang Kai Zhang, et al CASE NUMBER: CGC-10-500934 PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PERSONAL APPEARANCE 1. | served this Deposition Subpoena for Personal Appearance by personally delivering a copy to the person served as follows: | declare under penalty of perjury under the laws of the State of a. Person served (name): b. Address where served: c. Date of delivery: d. Time of delivery: e. Witness fees and mileage both ways (check one): (1) were paid. Amount:.. (2)L] were not paid. (3) were tendered to the witness's public entity employer as required by Government Code section 68097.2. The amount tendered was (specify)..... A$ f. Fee for service... . | received this subpoena for service on (date): . Person serving: Not a registered California process server Califomia sheriff or marshal Registered