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Electronically FILED by Superior Court of California, County of Los Angeles on 01/08/2019 09:07 AM Sherri R. Carter, Executive Officer/Clerk of Court, by J . Lara,Deputy Clerk
ROSENDO GONZALEZ (State Bar No. eS S2})
ZACHARY I. GONZALEZ (State Bar No. 316577)
GONZALEZ & GONZALEZ LAW, P.C.
530 S. Hewitt St., Ste. 148
Los Angeles, CA 90013
Telephone (213) 452-0070
Facsimile (213) 452-0080
E-mail: rossgonzalez@gonzalezplc.com
zig@gonzalezplc.com
Counsel. for Jun Chow, Piper Er and
ange Waele nen, Defendants
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
10 [STANLEY MOSK COURTHOUSE]
11
SHU WU “SUE”
CHUEH, an Case No. BC705149
12 individual; and GLORIA HSU,
an individual, [Assigned to Honorable
as) Elizabeth Allen White]
Plaintiffs,
14
v NOTICE OF MOTION AND MOTION OF
15 DEFENDANTS JUN CHOW, PIPER ER
CAESAR GLOBAL ALLIANCE, INC., AND LILI CHEN FOR A PROTECTIVE
16 dba NEWPORT COAST CAR WASH ORDER, OR IN THE ALTERNATIVE,
and STEVE’S DETAILING, a TO QUASH THE SUBPOENAS FOR
17 California corporation; JUN PRODUCTION OF DOCUMENTS ISSUED
CHOW, an individual; PIPER BY PLAINTIFFS TO BANK OF
18 ER, an individual; LILI CHEN, AMERICA, N.A., JPMORGAN CHASE
an individual; and DOES 1-50, BANK, N.A., EAST WEST BANK,
19 inclusive, WELLS FARGO BANK, AND CITIBANK,
N.Aw; DECLARATIONS OF JUN CHOW,
20 Defendants. PIPER ER AND ROSENDO GONZALEZ
IN SUPPORT THEREOF
21
COMPLAINT FILED: 5-4-18
22 F.S.C.: 11-26-19
TRIAL: 12-02-19
23
DATE: January 31, 2019
24 TIME: 8:30 a.m.
PLACE: Department “48"
25
(RESERVATION: 267312520399]
26
27 TO THE HONORABLE ELIZABETH A. WHITE, LOS ANGELES COUNTY SUPERIOR
28 COURT JUDGE, AND TO ALL PARTIES IN INTEREST:
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PLEASE TAKE NOTICE that on January 31, 2019, at 8:30 a.m. in
Department “48" of the Los Angeles County Superior Court [Stanley
Mosk Courthouse], Jun Chow (“Chow”) , Piper Er (“Er”) and Lili
Chen G@ Chen.) 7 defendants in this lawsuit (collectively, the
‘“Defendants”), through their counsel of record, Gonzalez &
Gonzalez Law, P.C., will seek a protective order, or in the
alternative an order to quash the subpoenas issued by counsel for
Shu Wu “Sue” Chueh and Gloria Hsu, the plaintiffs in this lawsuit
(collectively, the “Plaintiffs”), for Bank of America, N.C., JP
10 Morgan Chase Bank, N.A. [two separate subpoenas], East West Bank
11 [two separate subpoenas], Wells Fargo Bank, N.A. and Citibank,
dz N.A., to produce on January 9, 2019, bank records (the
13 Subpoenas”), pursuant to Sections 1987.1(a) and 2031.060(a) of
14 the California Code of Civil Procedure.
15 PLEASE TAKE FURTHER NOTICE that this motion is brought
16 pursuant to Sections 1987.1(a) and 2031.060(a) Of the Callitornsa
17 Code of Civil Procedure, and is based on this motion, the
18 declarations of Jun Chow, Piper Er and Rosendo Gonzalez, the
19 concurrently submitted separate statement/memorandum of points
20 and authorities, the complete files and records in this action,
21 and such other evidence that may be presented at the hearing on
22 this motion.
23 WHEREFORE, pursuant to Sections 1987.1(a) and 2031.060(a) of
24 the California Code of Civil Procedure, the Defendants
25 respectfully request that this Court issue a protective order
26 prohibiting Bank of America, N.C., JP Morgan Chase Bank, N.A.
27 [two separate subpoenas], East West Bank [two separate
28 subpoenas], Wells Fargo Bank, N.A. and Citibank, N.A., from
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producing the records of the three (3) individual Defendants, and
Chow’s and Er’s non-parties companies, or in the alternative,
issue an order quashing the Subpoenas.
Dated: January g
= , 2019 GONZALEZ & GONZALEZ LAW
Professional Corporation
ROSENDO GONZALEZ
Counsel for Jun Chow, Piper Er and
and Lili Chen, Defendants
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I
BACKGROUND
/ INTRODUCTION
A This case was commenced on May 7, 2018, by Shu Wu “Sue”
Chueh and Gloria Hsu, the plaintiffs in this lawsuit
(collectively, the “Plaintiffs”), against Jun Chow (“Chow”),
Piper Er (“Er”) and Lili Chen (“Chen”) , defendants in this
lawsuit (collectively, the “Defendants”), and Caesar Global
Alliance, Inc. dba Newport Coast Car Wash and Steve’s Detailing,
10 a defendant in this lawsuit (“Caesar Global”), for: (1) judicial
11 dissolution, (2) conversion, (3) fraud ( oncealment), (4) fraud
12 {intentional misrepresentation), (5) negligent misrepresentation,
13 (6) Ginvgiel Consp racy to Cderraud,, (7) breach of fiduciary duty,
14 (8) breach of contract, (9) breach of implied-in-fact contract,
15 and (10) violation of Corporation Code. See, Rosendo Gonzalez’s
16 declaration (“Gonzalez’s Declaration”)
17 B The dispute relates to an agreement between the parties
18 regarding the purchase, management and control of a car washing
ag business and the real estate located in Newport Beach,
20 California. See, Piper Er’s Declaration (bres. Declare on.) and
21 Jun Chow’s Declaration (“Chow” Declaration”).
22 Cc On or about December 14, 2018, Riehaeas He: sec) Ot
(“Lee”),
23 Salisian | Lee LLP, Go,counsel tom the Pieimcarnre issued
24 subpoenas for Bank of America, N.C., JP Morgan Chase Bank, N.A.
25 [two separate subpoenas], East West Bank [two separate
26 subpoenas], Wells Fargo Bank, N.A. and Citibank, N.A.
ee (collectively, the “Banks”), eo) produce at 1000 a.m. on January
28 9, 2019, all bank records of Caesar Global, as well as the
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personal bank and tax records of the three (3) individual
Defendants and the bank and tax records of companies of Chow,
which are not parties to this lawsuit (“Bank of America Subpoena
Individual Accounts” - Exhibit “1") (“Chase Subpoena Individual
Accounts” - Exhibit ‘“2") (“East West Subpoena Individual and Non-
Parties Accounts” Exhibit “3") (“Citibank Subpoena Individual
Accounts” - Exhibit ‘“4") (“Chase Subpoena Individual & Non-Parties
Accounts” - Exhibit ‘“5") (“East West Subpoena Personal & Non-
Parties Accounts” - Exhibit “6") (“Wells Fargo Subpoena Personal &
10 Non-Parties Accounts” - Exhibit “7") (collectively, the
11 “Subpoenas” ) See, Gonzalez’s Declaration and Exhibits “1," “2,”
12 “3,” “4,” “5,” “6" and “7" to the separate statement/memorandum
as) of points and authorities concurrently filed in support of this
14 motion (the “Statement”).
15 D On January 4, 2019, the Defendants sought to obtain, on
16 an ex parte basis, a protective order, or in the alternative an
17 order to quash the Subpoenas (the “Ex Parte Motion”). However,
18 this Court denied the Ex Parte Motion due to the lack of showing |
19 of an urgency and the need for the parties to “meet and confer.”
20 E Pursuant to the request of Rosendo Gonzalez of Gonzalez
au & Gonzalez Law, P.C., counsel for the Defendants (“Gonzalez”) at
22 the conclusion of the January 4, 2019 hearing on the Ex Parte
23 Motion, Gonzalez and H. Han Pai of Salisian | Lee LLP, co-counsel
24 for the Plaintiffs (“Han”) participated in an extensive and in-
25 person “meet and confer” meeting seeking to resolve this dispute.
26 See, Gonzalez's Declaration.
27 ///
28 ///
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7.87219) RG -5-
F At that time, Gonzalez offered to stipulate to allow
the production of the documents sought with the seven (7)
Subpoenas to be produced solely to Gonzalez in order for Gonzalez
to then review, redact (to the extent necessary) and produce all
relevant and material documents with the necessary redactions to
protect non-relevant, non-material, privileged and confidential
financial information and documentation of the individual
defendants and of the non-parties entities. That “meet and
confer” discussion was confirmed in Gonzalez’s follow-up email
10 sent to Han at 11:29 a.m. on January 4, 2019. See, Gonzalez’s
ait Declaration and Exhibit “8" to the Statement.
12 G On January 4, 2019, Han rejected that proposal and
13 instead sought for all of the documents to be produced to counsel
14 for all parties. See, Gonzalez’s Declaration and Exhibit YO" to
a) the Statement.
16 H Han’s reasoning for that proposal did not make any
17 sense. As such, on January 5, 2019, Gonzalez wrote a detailed
18 response to Han rejecting his proposal and indicating that this
tg) motion would be filed. See, Gonzalez’s Declaration and Exhibit
20 “io” to the Statement.
21 I The companies [non-parties to this lawsuit] that are
22 subject to the Subpoenas are Metro Vert, Inc. [wherein Chow is an
23 officer and director] Gold Link Investment, LLC [wherein Chow is
24 a member], Mesa Leisure Resource, LLC [wherein Chow is a member]
25 and Lovuer Enterprise, Inc. [wherein Er’s family controls and
26 owns]. See, Chow’s Declaration, Er’s Declaration and Exhibits
2a “ye
and “12" to the Statement.
28 //1
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II.
THE SUBPOENAS IMPROPERLY REQUEST
THE PRODUCTION OF PERSONAL, CONFIDENTIAL
AND PRIVILEGED INFORMATION AND DOCUMENTS
A The Bank of America Subpoena Personal Accounts seeks
the production of not only Caesar Global’s bank records but also
bank records for any personal account of Chen. See, Request No.
1 [page 6 of Exhibit “1"].
10 B The Bank of America Subpoena Personal Accounts also
elle seeks the production of not only Caesar Global’s records but also
12 bank records for any personal loan or mortgage of Chen, including
13 loan applications, credit reports, financial statements, real
14 estate mortgage statements, 1099s and withholding documents.
aD) See, Request No. 2 [pages 6-7 of Exhibit “1"].
16 c The Bank of America Subpoena Personal Accounts seeks
17 the production of not only Caesar Global’s records but also bank
18 records for any cashier’s check, manager’s or money order
no) purchased or negotiated by Chen. See, Request No. 3 [pages 7-8
20 of Exhibit “1"].
21 D The Bank of America Subpoena Personal Accounts further
22 seeks the production of not only Caesar Global’s records but also
23 bank records for any wire transfer involving Chen. See, Request
24 No. 4 [page 8 of Exhibit “1"].
25 E The Bank of America Subpoena Personal Accounts also
26 seeks the production of not only Caesar Global’s records but also
27 bank records for any safe deposit box of Chen. See, Request No.
28 5 lipage 8 Or Exchibae is]
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F The Bank of America Subpoena Personal Accounts seeks
the production of not only Caesar Global’s records but open and
closed credit cards’ information and documents for Chen. See,
Request No. 6 [pages 8-9 of Exhibit “1"].
G The Bank of America Subpoena Personal Accounts further
seeks the production of not only Caesar Global’s records but also
bank records for any “teller tapes” of any personal transaction
7
involving Chen. See, Request No. [page 9 of Exhibit “1"].
H Furthermore, the Bank of America Subpoena Personal
10 Accounts seeks the production of not only Caesar Global’s records
a1 but also any records of any document submitted by Chen or in
12 relation to Chen with the Department of Treasury, Internal
es Revenue Service and United States Customs Service. See, Request
14 No. 8 [page 9 of Exhibit “1"]
15 I The same identical information and documentation are
16 sought in the Chase Subpoena Personal Accounts, but this time for
ae Er. See, Requests Nos. 1-8 [pages 6-10 of Exhibit “2"].
18 J The same identical information and documentation are
19 sought in the Citibank Subpoena Personal & Non-Parties Accounts,
20 but this time not only for Er but also for non-party, Lovuer
oe Enterprise, Inc. See, Requests Nos. 1-8 [pages 6-10 of Exhibit
22 31]
23 K The same identical information and documentation are
24 sought in the East West Subpoena Personal Accounts for Chen.
25 See, Requests Nos. 1-8 fpages! ClO of Rxhabat dn.
26 L The same identical information and documentation are
eel, sought in the Chase Subpoena Personal & Non-Parties Accounts, but
28 this time not only for Chow but also for non-parties, Metro Vert,
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Inc., Gold Link Investment, LLC and Mesa Leisure Resource, LLC
See, Requests Nos. 1-8 {pages 6-10 of Exhibit “5"].
M The same identical information and documentation are
sought in the East West Bank Subpoena Personal & Non-Parties
Accounts, but this time not only for Chow but also for non-
parties, Metro Vert, Inc., Gold Link Investment, LLC and Mesa
Leisure Resource, LLC. See, Requests Nos. 1-8 {pages 6-10 of
Exhibit se").
N The same identical information and documentation are
10 sought in the Wells Fargo Bank Subpoena Personal & Non-Parties
11 Accounts, but this time not only for Chow but also for non-
12 parties, Metro Vert, Inc., Gold Link Investment, LLC and Mesa
13 Leisure Resource, LLc. See, Requests Nos. io [pages 6-10 of
14 Exhibit “7"].
dS
16 IIr.
17 THIS COURT SHOULD QUASH THE SUBPOENAS AND/OR ENTER
18 A_PROTECTIVE ORDER PREVENTING THE IDENTIFIED BANKS FROM
19 PRODUCING ANY OF THE DEFENDANTS‘ AND NON-PARTIES’
20 FINANCIAL, CONFIDENTIAL AND PRIVILEGED DOCUMENTS
21
22 A The Defendants have a legal right under the California
23 Constitution to protect personal, confidential and privileged
24 financial information and documents. See, Article I, Section 1
25 OG the Caltrornic Conseicicion (right to privacy).
26 B The Plaintiffs have so far failed to make any showing
27 to overcome that right to privacy.
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ce As set forth in detail in the concurrently submitted
Statement, there is no legal or factual basis for the Defendants
to request the personal bank, financial and tax information and
documentation of the individuals Defendants and/or of non-parties
companies.
Iv.
CONCLUSION
10 The Defendants respectfully request that this Court issue a
11 protective order prohibiting Bank of America, N.C., JP Morgan
12 Chase Bank, N.A. [two separate subpoenas], East West Bank [two
13 separate subpoenas], Wells Fargo Bank, N.A. and Citibank, N.A.,
14 from producing the bank records of the three (3) individual
15 Defendants, and Chow’s and Er’s non-parties companies, or in the
16 alternative, issue an order quashing the Subpoenas.
17 Dated: January ¥
—_— , 2019 GONZALEZ & GONZALEZ LAW
Professional Corporation
18
ag)
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21 ROSENDO GONZALEZ
Counsel for Jun Chow, Piper Er and
22 and Lili Chen, Defendants
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DECLARATION JUN CHOW
I, Jun Chow, declare as follows:
1 I am one of the defendants in this lawsuit.
2 I have personal knowledge of the following facts, and
if called upon to testify, I could and would do so competently.
3 This case was commenced on May 7, 2018, by Shu Wu “Sue”
Chueh and Gloria Hsu, the plaintiffs in this lawsuit
(collectively, the “Plaintiffs”), against Lily Chen (“Chen”),
10 Piper Er (“Er”), me, and Caesar Global Alliance, Inc. dba Newport
altel Coast Car Wash and Steve’s Detailing, a defendant in this lawsuit
12 (“Caesar Global”), for: (1) judicial dissolution, (2) conversion,
13 (3) fraud (concealment), (4) fraud (intentional
14 misrepresentation), (5) negligent misrepresentation, (6) civil
ED) conspiracy to defraud, (7) breach of fiduciary duty, (8) breach
16 of contract, (9) breach of implied-in-fact contract, and (10)
17 violation of Corporation Code.
18 4 The dispute relates to an agreement between the parties
ag) regarding the purchase, management and control of a car washing
20 business and the real estate located in Newport Beach,
21 California.
22 S It is my understanding that on or about December 14,
23 2018, Richard H. Lee of Salisian | Lee LLP, co-counsel for the
24 Plaintiffs —_ issued subpoenas for Bank of America, N.C.,
25 JP Morgan Chase Bank, N.A. [two separate subpoenas], East West
26 Bank [two separate subpoenas] Wells Fargo Bank, N.A. and
27 Citibank, N.A. (collectively, the “Banks”), to produce at 10:00
28 aa m on January 9, 2019, all bank records of Caesar Global, as
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1/8/19 RG es
well as the personal bank and tax records of Chen, Er and I, and
the bank and tax records of companies of wherein Er and I have an
interest, but which are not parties to this lawsuit
(collectively, the “Subpoenas”) .
6 That is, the Subpoenas, issued by the Plaintiffs,
request that said banks produce the bank and tax records of not
only Caesar Global but also the personal bank records of Chen, Er
and, as well as the bank and tax records of various non-parties-
companies wherein Er and I have an interest, but are non-parties
10 to this lawsuit.
7
11 In relation to non-parties companies wherein I have an
12 interest, oman: Orrlcer and Gilrector Of Metro Ver, Inc. I am
13 a member of Gold Link Investment, LLC and I am also a member of
14 Mesa Leisure Resource, LLC.
15 8 Confirmed copies of the statements of information
16 {showing my association and interest] filed for Metro Vert, Inc.,
17 Gold Link Investment, LLC and Mesa Leisure Resource, LLC, with
18 the California Secretary of State are attached to the Statement
19 and are collectively incorporated herein as Exhibit “11.”
20 9 At no time has Gold Link Investment, LLC and/or Mesa
2a Leisure Resource, LLC received (whether directly or indirectly)
22 any money, value, property or consideration from Caesar Global.
23 Similarly, at no time has Gold Link Investment, LLC and/or Mesa
24 Leisure Resource, LLC paid (whether directly or indirectly) any
25 money, value, property or consideration to Caesar Global.
26 10. As to Metro Vert, Inc., whatever compensation,
2H reimbursement or salary that I have received (i.e., my monthly
28 management salary of $3,000 from Caesar Global) has been
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DocuSign Envelope ID: FBC990E7-A99B-422E-8E4C-D3F D3AB6DE0E
deposited into my Metro Vert, Inc. bank account. Other than that
monthly management salary, no other funds or money has been paid,
transferred or issued to Metro Vert, Inc. Again, and to be
clear, the Global Caesar’s bank statements fully reflect any and
all payments or disbursements made to Metro Vert, Inc. There is
simply no basis or justification for the Plaintiffs to seek the
bank and tax records of Metro Vert, Inc.
I declare under penalty of perjury under the laws of the
United States of America that the foregoing is true and correct.
10 Executed this 7oe day of January, 2019, at Newport Beach,
11 California. ‘DocuSigned by:
12 dun
Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 01/08/2019 09:07 AM Sherri R. Carter, Executive Officer/Clerk of Court, by J . Lara,Deputy Clerk ROSENDO GONZALEZ (State Bar No. eS S2}) ZACHARY I. GONZALEZ (State Bar No. 316577) GONZALEZ & GONZALEZ LAW, P.C. 530 S. Hewitt St., Ste. 148 Los Angeles, CA 90013 Telephone (213) 452-0070 Facsimile (213) 452-0080 E-mail: rossgonzalez@gonzalezplc.com zig@gonzalezplc.com Counsel. for Jun Chow, Piper Er and ange Waele nen, Defendants SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES 10 [STANLEY MOSK COURTHOUSE] 11 SHU WU “SUE” CHUEH, an Case No. BC705149 12 individual; and GLORIA HSU, an individual, [Assigned to Honorable as) Elizabeth Allen White] Plaintiffs, 14 v NOTICE OF MOTION AND MOTION OF 15 DEFENDANTS JUN CHOW, PIPER ER CAESAR GLOBAL ALLIANCE, INC., AND LILI CHEN FOR A PROTECTIVE 16 dba NEWPORT COAST CAR WASH ORDER, OR IN THE ALTERNATIVE, and STEVE’S DETAILING, a TO QUASH THE SUBPOENAS FOR 17 California corporation; JUN PRODUCTION OF DOCUMENTS ISSUED CHOW, an individual; PIPER BY PLAINTIFFS TO BANK OF 18 ER, an individual; LILI CHEN, AMERICA, N.A., JPMORGAN CHASE an individual; and DOES 1-50, BANK, N.A., EAST WEST BANK, 19 inclusive, WELLS FARGO BANK, AND CITIBANK, N.Aw; DECLARATIONS OF JUN CHOW, 20 Defendants. PIPER ER AND ROSENDO GONZALEZ IN SUPPORT THEREOF 21 COMPLAINT FILED: 5-4-18 22 F.S.C.: 11-26-19 TRIAL: 12-02-19 23 DATE: January 31, 2019 24 TIME: 8:30 a.m. PLACE: Department “48" 25 (RESERVATION: 267312520399] 26 27 TO THE HONORABLE ELIZABETH A. WHITE, LOS ANGELES COUNTY SUPERIOR 28 COURT JUDGE, AND TO ALL PARTIES IN INTEREST: P:\home\3777\3777.031.mtn for protective order quash.wpd 8/29) RG) PLEASE TAKE NOTICE that on January 31, 2019, at 8:30 a.m. in Department “48" of the Los Angeles County Superior Court [Stanley Mosk Courthouse], Jun Chow (“Chow”) , Piper Er (“Er”) and Lili Chen G@ Chen.) 7 defendants in this lawsuit (collectively, the ‘“Defendants”), through their counsel of record, Gonzalez & Gonzalez Law, P.C., will seek a protective order, or in the alternative an order to quash the subpoenas issued by counsel for Shu Wu “Sue” Chueh and Gloria Hsu, the plaintiffs in this lawsuit (collectively, the “Plaintiffs”), for Bank of America, N.C., JP 10 Morgan Chase Bank, N.A. [two separate subpoenas], East West Bank 11 [two separate subpoenas], Wells Fargo Bank, N.A. and Citibank, dz N.A., to produce on January 9, 2019, bank records (the 13 Subpoenas”), pursuant to Sections 1987.1(a) and 2031.060(a) of 14 the California Code of Civil Procedure. 15 PLEASE TAKE FURTHER NOTICE that this motion is brought 16 pursuant to Sections 1987.1(a) and 2031.060(a) Of the Callitornsa 17 Code of Civil Procedure, and is based on this motion, the 18 declarations of Jun Chow, Piper Er and Rosendo Gonzalez, the 19 concurrently submitted separate statement/memorandum of points 20 and authorities, the complete files and records in this action, 21 and such other evidence that may be presented at the hearing on 22 this motion. 23 WHEREFORE, pursuant to Sections 1987.1(a) and 2031.060(a) of 24 the California Code of Civil Procedure, the Defendants 25 respectfully request that this Court issue a protective order 26 prohibiting Bank of America, N.C., JP Morgan Chase Bank, N.A. 27 [two separate subpoenas], East West Bank [two separate 28 subpoenas], Wells Fargo Bank, N.A. and Citibank, N.A., from P:\home\3777\3777.031.mtn for protective order quash.wpd 7,8 /789 RG =e producing the records of the three (3) individual Defendants, and Chow’s and Er’s non-parties companies, or in the alternative, issue an order quashing the Subpoenas. Dated: January g = , 2019 GONZALEZ & GONZALEZ LAW Professional Corporation ROSENDO GONZALEZ Counsel for Jun Chow, Piper Er and and Lili Chen, Defendants 10 a1 12 dr 14 15 16 a 18 19 20 ail 22 23 24 Zo) 26 2H 28 P:\home\3777\3777.031.mtn for protective order quash.wpd 1/8/19 RG Ss I BACKGROUND / INTRODUCTION A This case was commenced on May 7, 2018, by Shu Wu “Sue” Chueh and Gloria Hsu, the plaintiffs in this lawsuit (collectively, the “Plaintiffs”), against Jun Chow (“Chow”), Piper Er (“Er”) and Lili Chen (“Chen”) , defendants in this lawsuit (collectively, the “Defendants”), and Caesar Global Alliance, Inc. dba Newport Coast Car Wash and Steve’s Detailing, 10 a defendant in this lawsuit (“Caesar Global”), for: (1) judicial 11 dissolution, (2) conversion, (3) fraud ( oncealment), (4) fraud 12 {intentional misrepresentation), (5) negligent misrepresentation, 13 (6) Ginvgiel Consp racy to Cderraud,, (7) breach of fiduciary duty, 14 (8) breach of contract, (9) breach of implied-in-fact contract, 15 and (10) violation of Corporation Code. See, Rosendo Gonzalez’s 16 declaration (“Gonzalez’s Declaration”) 17 B The dispute relates to an agreement between the parties 18 regarding the purchase, management and control of a car washing ag business and the real estate located in Newport Beach, 20 California. See, Piper Er’s Declaration (bres. Declare on.) and 21 Jun Chow’s Declaration (“Chow” Declaration”). 22 Cc On or about December 14, 2018, Riehaeas He: sec) Ot (“Lee”), 23 Salisian | Lee LLP, Go,counsel tom the Pieimcarnre issued 24 subpoenas for Bank of America, N.C., JP Morgan Chase Bank, N.A. 25 [two separate subpoenas], East West Bank [two separate 26 subpoenas], Wells Fargo Bank, N.A. and Citibank, N.A. ee (collectively, the “Banks”), eo) produce at 1000 a.m. on January 28 9, 2019, all bank records of Caesar Global, as well as the P:\home\3777\3777.031.mtn for protective order quash.wpd 1/8/19 RG =A personal bank and tax records of the three (3) individual Defendants and the bank and tax records of companies of Chow, which are not parties to this lawsuit (“Bank of America Subpoena Individual Accounts” - Exhibit “1") (“Chase Subpoena Individual Accounts” - Exhibit ‘“2") (“East West Subpoena Individual and Non- Parties Accounts” Exhibit “3") (“Citibank Subpoena Individual Accounts” - Exhibit ‘“4") (“Chase Subpoena Individual & Non-Parties Accounts” - Exhibit ‘“5") (“East West Subpoena Personal & Non- Parties Accounts” - Exhibit “6") (“Wells Fargo Subpoena Personal & 10 Non-Parties Accounts” - Exhibit “7") (collectively, the 11 “Subpoenas” ) See, Gonzalez’s Declaration and Exhibits “1," “2,” 12 “3,” “4,” “5,” “6" and “7" to the separate statement/memorandum as) of points and authorities concurrently filed in support of this 14 motion (the “Statement”). 15 D On January 4, 2019, the Defendants sought to obtain, on 16 an ex parte basis, a protective order, or in the alternative an 17 order to quash the Subpoenas (the “Ex Parte Motion”). However, 18 this Court denied the Ex Parte Motion due to the lack of showing | 19 of an urgency and the need for the parties to “meet and confer.” 20 E Pursuant to the request of Rosendo Gonzalez of Gonzalez au & Gonzalez Law, P.C., counsel for the Defendants (“Gonzalez”) at 22 the conclusion of the January 4, 2019 hearing on the Ex Parte 23 Motion, Gonzalez and H. Han Pai of Salisian | Lee LLP, co-counsel 24 for the Plaintiffs (“Han”) participated in an extensive and in- 25 person “meet and confer” meeting seeking to resolve this dispute. 26 See, Gonzalez's Declaration. 27 /// 28 /// P:\home\3777\3777.031.mtn for protective order quash.wpd 7.87219) RG -5- F At that time, Gonzalez offered to stipulate to allow the production of the documents sought with the seven (7) Subpoenas to be produced solely to Gonzalez in order for Gonzalez to then review, redact (to the extent necessary) and produce all relevant and material documents with the necessary redactions to protect non-relevant, non-material, privileged and confidential financial information and documentation of the individual defendants and of the non-parties entities. That “meet and confer” discussion was confirmed in Gonzalez’s follow-up email 10 sent to Han at 11:29 a.m. on January 4, 2019. See, Gonzalez’s ait Declaration and Exhibit “8" to the Statement. 12 G On January 4, 2019, Han rejected that proposal and 13 instead sought for all of the documents to be produced to counsel 14 for all parties. See, Gonzalez’s Declaration and Exhibit YO" to a) the Statement. 16 H Han’s reasoning for that proposal did not make any 17 sense. As such, on January 5, 2019, Gonzalez wrote a detailed 18 response to Han rejecting his proposal and indicating that this tg) motion would be filed. See, Gonzalez’s Declaration and Exhibit 20 “io” to the Statement. 21 I The companies [non-parties to this lawsuit] that are 22 subject to the Subpoenas are Metro Vert, Inc. [wherein Chow is an 23 officer and director] Gold Link Investment, LLC [wherein Chow is 24 a member], Mesa Leisure Resource, LLC [wherein Chow is a member] 25 and Lovuer Enterprise, Inc. [wherein Er’s family controls and 26 owns]. See, Chow’s Declaration, Er’s Declaration and Exhibits 2a “ye and “12" to the Statement. 28 //1 P:\home\3777\3777.031.mtn for protective order quash.wpd 1/8/19 RG -6- II. THE SUBPOENAS IMPROPERLY REQUEST THE PRODUCTION OF PERSONAL, CONFIDENTIAL AND PRIVILEGED INFORMATION AND DOCUMENTS A The Bank of America Subpoena Personal Accounts seeks the production of not only Caesar Global’s bank records but also bank records for any personal account of Chen. See, Request No. 1 [page 6 of Exhibit “1"]. 10 B The Bank of America Subpoena Personal Accounts also elle seeks the production of not only Caesar Global’s records but also 12 bank records for any personal loan or mortgage of Chen, including 13 loan applications, credit reports, financial statements, real 14 estate mortgage statements, 1099s and withholding documents. aD) See, Request No. 2 [pages 6-7 of Exhibit “1"]. 16 c The Bank of America Subpoena Personal Accounts seeks 17 the production of not only Caesar Global’s records but also bank 18 records for any cashier’s check, manager’s or money order no) purchased or negotiated by Chen. See, Request No. 3 [pages 7-8 20 of Exhibit “1"]. 21 D The Bank of America Subpoena Personal Accounts further 22 seeks the production of not only Caesar Global’s records but also 23 bank records for any wire transfer involving Chen. See, Request 24 No. 4 [page 8 of Exhibit “1"]. 25 E The Bank of America Subpoena Personal Accounts also 26 seeks the production of not only Caesar Global’s records but also 27 bank records for any safe deposit box of Chen. See, Request No. 28 5 lipage 8 Or Exchibae is] P:\home\3777\3777.031.mtn for protective order quash.wpd 1/8/19 RG fo F The Bank of America Subpoena Personal Accounts seeks the production of not only Caesar Global’s records but open and closed credit cards’ information and documents for Chen. See, Request No. 6 [pages 8-9 of Exhibit “1"]. G The Bank of America Subpoena Personal Accounts further seeks the production of not only Caesar Global’s records but also bank records for any “teller tapes” of any personal transaction 7 involving Chen. See, Request No. [page 9 of Exhibit “1"]. H Furthermore, the Bank of America Subpoena Personal 10 Accounts seeks the production of not only Caesar Global’s records a1 but also any records of any document submitted by Chen or in 12 relation to Chen with the Department of Treasury, Internal es Revenue Service and United States Customs Service. See, Request 14 No. 8 [page 9 of Exhibit “1"] 15 I The same identical information and documentation are 16 sought in the Chase Subpoena Personal Accounts, but this time for ae Er. See, Requests Nos. 1-8 [pages 6-10 of Exhibit “2"]. 18 J The same identical information and documentation are 19 sought in the Citibank Subpoena Personal & Non-Parties Accounts, 20 but this time not only for Er but also for non-party, Lovuer oe Enterprise, Inc. See, Requests Nos. 1-8 [pages 6-10 of Exhibit 22 31] 23 K The same identical information and documentation are 24 sought in the East West Subpoena Personal Accounts for Chen. 25 See, Requests Nos. 1-8 fpages! ClO of Rxhabat dn. 26 L The same identical information and documentation are eel, sought in the Chase Subpoena Personal & Non-Parties Accounts, but 28 this time not only for Chow but also for non-parties, Metro Vert, P:\home\3777\3777.031.mtn for protective order quash.wpd 1/8/19 RG -8- Inc., Gold Link Investment, LLC and Mesa Leisure Resource, LLC See, Requests Nos. 1-8 {pages 6-10 of Exhibit “5"]. M The same identical information and documentation are sought in the East West Bank Subpoena Personal & Non-Parties Accounts, but this time not only for Chow but also for non- parties, Metro Vert, Inc., Gold Link Investment, LLC and Mesa Leisure Resource, LLC. See, Requests Nos. 1-8 {pages 6-10 of Exhibit se"). N The same identical information and documentation are 10 sought in the Wells Fargo Bank Subpoena Personal & Non-Parties 11 Accounts, but this time not only for Chow but also for non- 12 parties, Metro Vert, Inc., Gold Link Investment, LLC and Mesa 13 Leisure Resource, LLc. See, Requests Nos. io [pages 6-10 of 14 Exhibit “7"]. dS 16 IIr. 17 THIS COURT SHOULD QUASH THE SUBPOENAS AND/OR ENTER 18 A_PROTECTIVE ORDER PREVENTING THE IDENTIFIED BANKS FROM 19 PRODUCING ANY OF THE DEFENDANTS‘ AND NON-PARTIES’ 20 FINANCIAL, CONFIDENTIAL AND PRIVILEGED DOCUMENTS 21 22 A The Defendants have a legal right under the California 23 Constitution to protect personal, confidential and privileged 24 financial information and documents. See, Article I, Section 1 25 OG the Caltrornic Conseicicion (right to privacy). 26 B The Plaintiffs have so far failed to make any showing 27 to overcome that right to privacy. 28 /// P: \home\3777\3777.031.mtn for protective order quash.wpd 1/8/19 RG -9- ce As set forth in detail in the concurrently submitted Statement, there is no legal or factual basis for the Defendants to request the personal bank, financial and tax information and documentation of the individuals Defendants and/or of non-parties companies. Iv. CONCLUSION 10 The Defendants respectfully request that this Court issue a 11 protective order prohibiting Bank of America, N.C., JP Morgan 12 Chase Bank, N.A. [two separate subpoenas], East West Bank [two 13 separate subpoenas], Wells Fargo Bank, N.A. and Citibank, N.A., 14 from producing the bank records of the three (3) individual 15 Defendants, and Chow’s and Er’s non-parties companies, or in the 16 alternative, issue an order quashing the Subpoenas. 17 Dated: January ¥ —_— , 2019 GONZALEZ & GONZALEZ LAW Professional Corporation 18 ag) 20 21 ROSENDO GONZALEZ Counsel for Jun Chow, Piper Er and 22 and Lili Chen, Defendants 23 24 25 26 27 28 P:\home\3777\3777.031.mtn for protective order quash.wpd 1/8/19 RG -10- DECLARATION JUN CHOW I, Jun Chow, declare as follows: 1 I am one of the defendants in this lawsuit. 2 I have personal knowledge of the following facts, and if called upon to testify, I could and would do so competently. 3 This case was commenced on May 7, 2018, by Shu Wu “Sue” Chueh and Gloria Hsu, the plaintiffs in this lawsuit (collectively, the “Plaintiffs”), against Lily Chen (“Chen”), 10 Piper Er (“Er”), me, and Caesar Global Alliance, Inc. dba Newport altel Coast Car Wash and Steve’s Detailing, a defendant in this lawsuit 12 (“Caesar Global”), for: (1) judicial dissolution, (2) conversion, 13 (3) fraud (concealment), (4) fraud (intentional 14 misrepresentation), (5) negligent misrepresentation, (6) civil ED) conspiracy to defraud, (7) breach of fiduciary duty, (8) breach 16 of contract, (9) breach of implied-in-fact contract, and (10) 17 violation of Corporation Code. 18 4 The dispute relates to an agreement between the parties ag) regarding the purchase, management and control of a car washing 20 business and the real estate located in Newport Beach, 21 California. 22 S It is my understanding that on or about December 14, 23 2018, Richard H. Lee of Salisian | Lee LLP, co-counsel for the 24 Plaintiffs —_ issued subpoenas for Bank of America, N.C., 25 JP Morgan Chase Bank, N.A. [two separate subpoenas], East West 26 Bank [two separate subpoenas] Wells Fargo Bank, N.A. and 27 Citibank, N.A. (collectively, the “Banks”), to produce at 10:00 28 aa m on January 9, 2019, all bank records of Caesar Global, as P:\home\3777\3777.031.mtn for protective order quash.wpd 1/8/19 RG es well as the personal bank and tax records of Chen, Er and I, and the bank and tax records of companies of wherein Er and I have an interest, but which are not parties to this lawsuit (collectively, the “Subpoenas”) . 6 That is, the Subpoenas, issued by the Plaintiffs, request that said banks produce the bank and tax records of not only Caesar Global but also the personal bank records of Chen, Er and, as well as the bank and tax records of various non-parties- companies wherein Er and I have an interest, but are non-parties 10 to this lawsuit. 7 11 In relation to non-parties companies wherein I have an 12 interest, oman: Orrlcer and Gilrector Of Metro Ver, Inc. I am 13 a member of Gold Link Investment, LLC and I am also a member of 14 Mesa Leisure Resource, LLC. 15 8 Confirmed copies of the statements of information 16 {showing my association and interest] filed for Metro Vert, Inc., 17 Gold Link Investment, LLC and Mesa Leisure Resource, LLC, with 18 the California Secretary of State are attached to the Statement 19 and are collectively incorporated herein as Exhibit “11.” 20 9 At no time has Gold Link Investment, LLC and/or Mesa 2a Leisure Resource, LLC received (whether directly or indirectly) 22 any money, value, property or consideration from Caesar Global. 23 Similarly, at no time has Gold Link Investment, LLC and/or Mesa 24 Leisure Resource, LLC paid (whether directly or indirectly) any 25 money, value, property or consideration to Caesar Global. 26 10. As to Metro Vert, Inc., whatever compensation, 2H reimbursement or salary that I have received (i.e., my monthly 28 management salary of $3,000 from Caesar Global) has been P:\home\3777\3777.031.mtn for protective order quash.wpd 1/8/19 RG oe DocuSign Envelope ID: FBC990E7-A99B-422E-8E4C-D3F D3AB6DE0E deposited into my Metro Vert, Inc. bank account. Other than that monthly management salary, no other funds or money has been paid, transferred or issued to Metro Vert, Inc. Again, and to be clear, the Global Caesar’s bank statements fully reflect any and all payments or disbursements made to Metro Vert, Inc. There is simply no basis or justification for the Plaintiffs to seek the bank and tax records of Metro Vert, Inc. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. 10 Executed this 7oe day of January, 2019, at Newport Beach, 11 California. ‘DocuSigned by: 12 dun