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AARON J. MOHAMED (SBN 245915)
2 DANIELLE L. DEMARTINO (SBN 325497)
BRERETON, MOHAMED, & TERRAZAS, LLP
3 1362 Pacific Avenue, Second Floor
4 Santa Cruz, CA 95060
Tel: (831) 429-6391
5 Fax: (831) 459-8298
ajm@brereton.law
6 dld@brereton.law
7
Attorneys for Defendant
8 Paradise Park Masonic Club, Inc.
9 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
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11 IN AND FOR COUNTY OF SANTA CRUZ
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UNLIMITED JURISDICTION
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14 CASE NO. 21CV01787
15 HEATHER GLOECKLER OBJECTION TO CIVIL SUBPOENA
(DUCES TECUM) FOR PERSONAL
16 Plaintiff,
APPEARANCE AND PRODUCTION
17 v. OF DOCUMENTS, ELECTRONICALLY
STORED INFORMATION, AND
18 PARADISE PARK MASONIC CLUB, THINGS AT TRIAL OR HEARING AND
DECLARATION
19 Defendant.
20 __________________________________
TRIAL DATE: June 5, 2023
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AND RELATED CROSS ACTION
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24 Defendant/Cross Complainant PARADISE PARK MASONIC CLUB, INC.
25 hereby objects to the Civil Subpoena (Duces Tecum) for Personal Appearance and
26 Production of Documents, Electronically Stored Information, and Things at Trial or
27 Hearing and Declaration, a copy of which is attached hereto and incorporated herein
28 by reference as Exhibit “A.”
______________________________________________________________________________________________________
OBJECTION TO CIVIL SUBPOENA
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1 1. Plaintiff’s Civil Subpoena to Paradise Park Masonic Club, Inc. is
2 Untimely.
3 The Civil Subpoena was served on Paradise Park on the afternoon of May 30,
4 2023, which is a mere 6 days before trial. Pursuant to CCP 1987(c), this subpoena
5 requesting Paradise Park, a party, to appear at trial and provide documents should
6 have been served to their attorney of record at least 20 days before trial. Where a
7 subpoena is served personally on a witness pursuant to CCP 1987, the witness must
8 be given reasonable time to provide the witness a reasonable opportunity to locate and
9 produce the records. Reasonable time is at least 10 days- the same length of time as
10 is required for a notice of deposition of a party. Plaintiff’s service of their Civil Subpoena
11 does not meet the reasonable time standard expected of a witness being subpoenaed,
12 and certainly does not meet the notice requirement under CCP 1987(c) requesting a
13 party’s attendance trial with records. Plaintiff’s Civil Subpoena on Paradise Park is
14 untimely.
15 2. Plaintiff’s Civil Subpoena to Paradise Park Masonic Club, Inc. Seeks
16 Records That are Outside the Scope of Discovery
17 In addition to the objections raised above, Paradise Park responds to Plaintiff’s
18 request for the production of documents at trial as follows:
19
20 1. Executive session minutes for board meeting held January 18, 2020.
21 Paradise Park objects to this request on the grounds that it is vague,
22 ambiguous, overly broad, unduly burdensome, oppressive, and not reasonably
23 calculated to lead to admissible evidence. Without waiving said objections, Paradise
24 Park will provide documents in its possession, custody, or control that are responsive
25 to this request.
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______________________________________________________________________________________________________
OBJECTION TO CIVIL SUBPOENA
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1 2. Member files, termination notice letters, termination letters and billing
2 statements for any member whose membership was terminated due to
3 nonpayment of TADS and/or fines and penalties between January 1, 2018
4 and February 1, 2020, not including Heather Gloeckler.
5 Paradise Park objects to this request on the grounds that it is vague,
6 ambiguous, overly broad, unduly burdensome, oppressive, and not reasonably
7 calculated to lead to admissible evidence. Without waiving said objections, Paradise
8 Park will provide documents in its possession, custody, or control that are responsive
9 to this request.
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11 3. Member files, termination notice letters, termination letters and billings
12 statements and any member whose membership was terminated due to
13 nonpayment of TADS and/or fines and penalties testified to by Verdie Polizzi
14 at her deposition taken in this matter on May 19, 2023
15 Paradise Park objects to this request on the grounds that it is vague,
16 ambiguous, overly broad, unduly burdensome, oppressive, and not reasonably
17 calculated to lead to admissible evidence. Without waiving said objections, Paradise
18 Park will provide documents in its possession, custody, or control that are responsive
19 to this request.
20
21 4. PPMC Bulletin for April 2009
22 Paradise Park objects to this request on the grounds that it is vague,
23 ambiguous, overly broad, unduly burdensome, oppressive, and not reasonably
24 calculated to lead to admissible evidence. Without waiving said objections, Paradise
25 Park will provide documents in its possession, custody, or control that are responsive
26 to this request.
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______________________________________________________________________________________________________
OBJECTION TO CIVIL SUBPOENA
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1 5. PPMC Bulletin for October 2008
2 Paradise Park objects to this request on the grounds that it is vague,
3 ambiguous, overly broad, unduly burdensome, oppressive, and not reasonably
4 calculated to lead to admissible evidence. Without waiving said objections, Paradise
5 Park will provide documents in its possession, custody, or control that are responsive
6 to this request.
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Respectfully submitted,
9
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11 Dated: June 1, 2023 _______________________________
BRERETON, MOHAMED, & TERRAZAS, LLP
12 By: Aaron J. Mohamed, Esq.
Danielle L. deMartino, Esq.
13 Attorneys for Defendant
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______________________________________________________________________________________________________
OBJECTION TO CIVIL SUBPOENA
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EXHIBIT A
1 PROOF OF SERVICE VIA EMAIL
2 I, the undersigned, declare:
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I am now and at all times herein mentioned have been over the age of eighteen
4
years, a resident of and employed in the County of Santa Cruz, California, and not a
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party of the within entitled action or cause. My business address is BRERETON,
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7 MOHAMED, & TERRAZAS, LLP, 1362 Pacific Avenue, 2nd Floor, Santa Cruz,
8 California 95060.
9 On June 1, 2023, I served a true copy(ies) of the following:
10
OBJECTION TO CIVIL SUBPOENA (DUCES TECUM) FOR PERSONAL APPEARANCE
11 AND PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION,
AND THINGS AT TRIAL OR HEARING AND DECLARATION
12
13 by hand delivery to:
14 Anne Frassetto Olsen
NOLAND, HAMMERLY, ETTIENNE & HOSS
15 333 Salinas St.
P.O. Box 2510
16 Salinas, CA 93902-2510
aolsen@nheh.com
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X__ Via email. I have delivered copies of the aforementioned documents to the
19 recipient(s), above.
20 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
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23 Dated: June 1, 2023 __________________________
Thomas Chestnut
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Proof of Service
Preview
1 AARON J. MOHAMED (SBN 245915) 2 DANIELLE L. DEMARTINO (SBN 325497) BRERETON, MOHAMED, & TERRAZAS, LLP 3 1362 Pacific Avenue, Second Floor 4 Santa Cruz, CA 95060 Tel: (831) 429-6391 5 Fax: (831) 459-8298 ajm@brereton.law 6 dld@brereton.law 7 Attorneys for Defendant 8 Paradise Park Masonic Club, Inc. 9 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 11 IN AND FOR COUNTY OF SANTA CRUZ 12 UNLIMITED JURISDICTION 13 14 CASE NO. 21CV01787 15 HEATHER GLOECKLER OBJECTION TO CIVIL SUBPOENA (DUCES TECUM) FOR PERSONAL 16 Plaintiff, APPEARANCE AND PRODUCTION 17 v. OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND 18 PARADISE PARK MASONIC CLUB, THINGS AT TRIAL OR HEARING AND DECLARATION 19 Defendant. 20 __________________________________ TRIAL DATE: June 5, 2023 21 AND RELATED CROSS ACTION 22 23 24 Defendant/Cross Complainant PARADISE PARK MASONIC CLUB, INC. 25 hereby objects to the Civil Subpoena (Duces Tecum) for Personal Appearance and 26 Production of Documents, Electronically Stored Information, and Things at Trial or 27 Hearing and Declaration, a copy of which is attached hereto and incorporated herein 28 by reference as Exhibit “A.” ______________________________________________________________________________________________________ OBJECTION TO CIVIL SUBPOENA 1 1 1. Plaintiff’s Civil Subpoena to Paradise Park Masonic Club, Inc. is 2 Untimely. 3 The Civil Subpoena was served on Paradise Park on the afternoon of May 30, 4 2023, which is a mere 6 days before trial. Pursuant to CCP 1987(c), this subpoena 5 requesting Paradise Park, a party, to appear at trial and provide documents should 6 have been served to their attorney of record at least 20 days before trial. Where a 7 subpoena is served personally on a witness pursuant to CCP 1987, the witness must 8 be given reasonable time to provide the witness a reasonable opportunity to locate and 9 produce the records. Reasonable time is at least 10 days- the same length of time as 10 is required for a notice of deposition of a party. Plaintiff’s service of their Civil Subpoena 11 does not meet the reasonable time standard expected of a witness being subpoenaed, 12 and certainly does not meet the notice requirement under CCP 1987(c) requesting a 13 party’s attendance trial with records. Plaintiff’s Civil Subpoena on Paradise Park is 14 untimely. 15 2. Plaintiff’s Civil Subpoena to Paradise Park Masonic Club, Inc. Seeks 16 Records That are Outside the Scope of Discovery 17 In addition to the objections raised above, Paradise Park responds to Plaintiff’s 18 request for the production of documents at trial as follows: 19 20 1. Executive session minutes for board meeting held January 18, 2020. 21 Paradise Park objects to this request on the grounds that it is vague, 22 ambiguous, overly broad, unduly burdensome, oppressive, and not reasonably 23 calculated to lead to admissible evidence. Without waiving said objections, Paradise 24 Park will provide documents in its possession, custody, or control that are responsive 25 to this request. 26 27 28 ______________________________________________________________________________________________________ OBJECTION TO CIVIL SUBPOENA 2 1 2. Member files, termination notice letters, termination letters and billing 2 statements for any member whose membership was terminated due to 3 nonpayment of TADS and/or fines and penalties between January 1, 2018 4 and February 1, 2020, not including Heather Gloeckler. 5 Paradise Park objects to this request on the grounds that it is vague, 6 ambiguous, overly broad, unduly burdensome, oppressive, and not reasonably 7 calculated to lead to admissible evidence. Without waiving said objections, Paradise 8 Park will provide documents in its possession, custody, or control that are responsive 9 to this request. 10 11 3. Member files, termination notice letters, termination letters and billings 12 statements and any member whose membership was terminated due to 13 nonpayment of TADS and/or fines and penalties testified to by Verdie Polizzi 14 at her deposition taken in this matter on May 19, 2023 15 Paradise Park objects to this request on the grounds that it is vague, 16 ambiguous, overly broad, unduly burdensome, oppressive, and not reasonably 17 calculated to lead to admissible evidence. Without waiving said objections, Paradise 18 Park will provide documents in its possession, custody, or control that are responsive 19 to this request. 20 21 4. PPMC Bulletin for April 2009 22 Paradise Park objects to this request on the grounds that it is vague, 23 ambiguous, overly broad, unduly burdensome, oppressive, and not reasonably 24 calculated to lead to admissible evidence. Without waiving said objections, Paradise 25 Park will provide documents in its possession, custody, or control that are responsive 26 to this request. 27 \\ 28 \\ ______________________________________________________________________________________________________ OBJECTION TO CIVIL SUBPOENA 3 1 5. PPMC Bulletin for October 2008 2 Paradise Park objects to this request on the grounds that it is vague, 3 ambiguous, overly broad, unduly burdensome, oppressive, and not reasonably 4 calculated to lead to admissible evidence. Without waiving said objections, Paradise 5 Park will provide documents in its possession, custody, or control that are responsive 6 to this request. 7 8 Respectfully submitted, 9 10 11 Dated: June 1, 2023 _______________________________ BRERETON, MOHAMED, & TERRAZAS, LLP 12 By: Aaron J. Mohamed, Esq. Danielle L. deMartino, Esq. 13 Attorneys for Defendant 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ______________________________________________________________________________________________________ OBJECTION TO CIVIL SUBPOENA 4 EXHIBIT A 1 PROOF OF SERVICE VIA EMAIL 2 I, the undersigned, declare: 3 I am now and at all times herein mentioned have been over the age of eighteen 4 years, a resident of and employed in the County of Santa Cruz, California, and not a 5 party of the within entitled action or cause. My business address is BRERETON, 6 7 MOHAMED, & TERRAZAS, LLP, 1362 Pacific Avenue, 2nd Floor, Santa Cruz, 8 California 95060. 9 On June 1, 2023, I served a true copy(ies) of the following: 10 OBJECTION TO CIVIL SUBPOENA (DUCES TECUM) FOR PERSONAL APPEARANCE 11 AND PRODUCTION OF DOCUMENTS, ELECTRONICALLY STORED INFORMATION, AND THINGS AT TRIAL OR HEARING AND DECLARATION 12 13 by hand delivery to: 14 Anne Frassetto Olsen NOLAND, HAMMERLY, ETTIENNE & HOSS 15 333 Salinas St. P.O. Box 2510 16 Salinas, CA 93902-2510 aolsen@nheh.com 17 18 X__ Via email. I have delivered copies of the aforementioned documents to the 19 recipient(s), above. 20 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 21 22 23 Dated: June 1, 2023 __________________________ Thomas Chestnut 24 25 26 27 28 1 Proof of Service