Preview
ROBERT J. FRASSETTO, ESQ. (SBN 104435)
DIRK D. LARSEN, ESQ. (SBN 246028)
FRASSETTO LAW LLP
ELECTRONICALLY
Jack London Square FILED
160 Franklin Street, Suite 200 apaderlecuree caer
Oakland, CA 94607-4725 ‘County of San Francisco
Telephone: (510) 817-0466 02/17/2017
Facsimile: (855) 556-4321 021. of 42 Court
BY:VANESSA WU
Deputy Clerk
Attorneys for Defendants
SAN FRANCISCO GIANTS ENTERPRISES LLC;
CHINA BASIN BALLPARK COMPANY LLC
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JUDY RANZER, Case No. CGC-15-545196
Plaintiff, DISCOVERY
vs. DECLARATION OF ROBERT J.
FRASSETTO IN SUPPORT OF
SAN FRANCISCO GIANTS ENTERPRISES
LLC; CHINA BASIN BALLPARK CO, LLC
and Doe | through Doe 100;
Defendants.
DEFENDANTS SAN FRANCISCO GIANTS
ENTERPRISES LLC AND CHINA BASIN
BALLPARK COMPANY LLC’S MOTION
FOR PROTECTIVE ORDER TO
PRECLUDE, OR IN THE ALTERNATIVE,
RESTRICT THE DEPOSITIONS OF
DEFENDANTS’ PERSON(S) MOST
KNOWLEDGEABLE AND PRODUCTION
OF DOCUMENTS; REQUEST FOR
MONETARY SANCTION (CODE CIV.
PROC. §§ 2025.420, 2023.010 et seq)
DATE: March 13, 2017
TIME: 9:00 A.M.
DEPT.: 302
Trial Date: March 27, 2017
I, ROBERT J. FRASSETTO, ESQ., declare as follows:
1. I have personal knowledge of the following facts, and could and would testify
competently thereto if called upon to do so, except as to those facts stated upon information and
belief, which I am informed and believe are true.
-l-
DECLARATION OF ROBERT J. FRASSETTO, ESQ., IN SUPPORT OF
DEFENDANTS’ MOTION FOR PROTECTIVE ORDER; REQUEST FOR MONETARY SANCTIONxa nw
ee
2. Tam an attorney at law duly licensed to practice before all courts of the State of
California, and am a partner with the law firm Frassetto Law LLP, attorneys of record herein for
defendants SAN FRANCISCO GIANTS ENTERPRISES LLC and CHINA BASIN BALLPARK.
COMPANY LLC.
3. This personal injury (premises liability) lawsuit arises out of plaintiff JUDY
RANZER’s alleged injury at AT&T Park located at 24 and King Streets in San Francisco. Plaintiff
Judy Ranzer claims to have tripped and fallen over a barricade while attending a San Francisco
Giants game on April 7, 2013. Trial is scheduled for March 27, 2017, Plaintiff's attorney of record
is John Mounier Jr., Esq., The Mounier Law Firm, 35 Miller Avenue, Mill Valley, CA 94941,
415-967-8361.
4, At plaintiffs deposition, which I took for defendants, plaintiff described walking
along the sidewalk of 2nd Street across that street from AT&T Park, when an unidentified man
jostled her, causing her to lose her balance and trip over a barricade. While she stated that other
people were walking along the sidewalk, she denied large crowds of people and admitted that
nothing obstructed her view of the barricade.
5. On February 6, 2017, plaintiff's counsel served by mail notices of the deposition of
each defendant’s person most knowledgeable / qualified, along with requests for the production of
documents. A true and correct copy of these deposition notices, which contain the same
descriptions of topics for testimony and production requests, are attached hereto as Exhibit A.
Defendants’ objections to same, timely served, are attached hereto as Exhibit B.
6. On February 16, I transmitted via email at approximately 12:51 PM meet and
confer correspondence to plaintiff's counsel regarding the subject deposition notices, which
correspondence is attached hereto as Exhibit C.
7. As of the filing of this motion, my office has received no response from Mr.
Mounier to my meet and confer correspondence.
8. My billing rate for this matter is $185 per hour, as is that of my partner, Dirk
Larsen. I have spent 3 hours preparing this motion and Mr. Larsen has spent 2.9 hours preparing
this motion. I anticipate that I will spend approximately 6 hours reviewing and analyzing
-2-
DECLARATION OF ROBERT J. FRASSETTO, ESQ., IN SUPPORT OF
DEFENDANTS’ MOTION FOR PROTECTIVE ORDER; REQUEST FOR MONETARY SANCTIONplaintiffs opposition and all legal points and authorities cited therein, preparing defendants’ reply,
and attending the hearing of the motion, including round trip travel time to court from our offices
in Oakland, which will be apportioned between defendants four discovery motions to compel
plaintiffs discovery compliance set for the same date. In addition, I am informed and believe that
defendants will be charged a $60 fee for filing the motion. Accordingly, defendants will have
incurred approximately $2,280 in reasonable attorney’s fees and costs in bringing this motion.
I swear under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
OF
Executed this \o day of February, 2017,
Oakland, California.
en J-FRASSETTO, ESQ.
-3-
DECLARATION OF ROBERT J. FRASSETTO, ESQ., IN SUPPORT OF
DEFENDANTS’ MOTION FOR PROTECTIVE ORDER; REQUEST FOR MONETARY SANCTIONEXHIBIT AJohn F. Mounier Jr. (SBN 48377]
THE MOUNIER LAW FIRM
San Francisco & Los Angeles
S.F. Northbay (Marin County)
35 Miller Avenue, Suite 206
Mill Valley, CA 94941
Tel.: (415) 967-8361
Attorneys for Judy Ranzer,
THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN
FRANCISCO
UNLIMITED JURISDICTION
JUDY RANZER, CASE NUMBER: GCG-15-545196
Plaintiff JUDY RANZER’S NOTICE OF
DEPOSITION BY ORAL
vs. EXAMINATION OF CHINA BASIN
BALLPARK CO, LLC’S [PERSON
MOST KNOWLEDGEABLE
S.F. GIANTS ENTERPRISES LLC; /QUALIFIED (CCP § 2025.230)]
CHINA BASIN BALLPARK CO, LLC
Defendants (X)__ WITH PRODUCTION OF RECORDS
[C.CP. §2025,220];
(X) _ WITNESS(S) TO BE DESIGNATED
BY ORGANIZATION NAMED AS
DEPONENT IN THIS NOTICE [C.C.P.
§2025.230];
( PER SUBPOENA DUCES TECUM
[C-CP. §§1985, ET SEQ., 2020];
(X) _ BY AUDIO TAPE OR VIDEO TAPE
[C.CP. §§ 2025,330(c) & 2025.340)]; and/or
(X) RESERVING THE RIGHT TO USE
THE VIDEO TAPE AT TRIAL
[C.CP. §§ 2025.330(c); 2025,340; & 2025.260].
DEPONENT'S NAME & ADDRESS: China Basin Ballpark Co. LLC’s [Person
Most Knowledgeable/Qualified (CCP § 2025.230)] Address: C/o FRASSETTO
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JUDY RANZER VS, S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC
SAN FRANCISCO CNTY. SUP. CT, NO, GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017oC eo ND HW BF WY HS
NN YN YN NR KN YN Bee Be Be Be Be Be ew eB eS
ew A aA KR BS S&F SF OC weHe RA AA BRB wWwNH HS
LAW LLP. 160 Franklin Street, Ste. 200, Oakland, CA 94607
DATE: February 22, 2017 TIME: 1:00 p.m.
PLACE: DEPOSITION OFFICER:
Carol Nygard & Associates Carol Nygard & Associates
225 Bush Street, Ste. 1830 225 Bush Street, Ste. 1830
San Francisco, CA 94104 San Francisco, CA 94104
415.956-9400 415,956-9400
PLEASE TAKE NOTICE that, in accordance with the California Civil
Discovery Act (including CCP §§ 2019.010(a); 2020.010(a); 2025.020 (a)-(c);
2025.210; 2025.010; 2025.310-2025.340; 2025.3 10(a); 2025.510; and, 2026.010-
2027.010) the Deposition of the Deponent CHINA BASIN BALLPARK CO.
LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP §
2025.230)], will be taken under the conditions checked (X) on the caption of and
within this NOTICE OF DEPOSITION, including the provisions of any of the
paragraphs checked (X) below:
Q)
(x)
(x)
Pursuant to Subpoena Duces Tecum, the Deponent is required to bring
the documents requested in the Subpoena Duces Tecum Re Deposition
as listed in the Affidavit for Issuance of the Subpoena Duces Tecum,
both of which are served on all parties.
Pursuant to C.C.P. Section 2025.220 (A)(4), the Deponent (China Basin
Ballpark Co, LLC’s [Person Most Knowledgeable/Qualified (CCP §
2025.230)]) is required to produce books, documents, writings, or other
things as specified in the attached Request for Production at
Deposition; the Deponent (China Basin Ballpark Co. LLC’s [Person
Most Knowledgeable/Qualified (CCP § 2025.230)]) will be examined
regarding the items specified in the Request for Production at
Deposition.
Pursuant to C.C.P. Section 2025.230, an Organization (a public or
private corporation or partnership or association) named as the Deponent
(ie., China Basin Ballpark Co. LLC’s [Person Most
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JUDY RANZER VS, S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO. LLC
SAN FRANCISCO CNTY, SUP, CT, NO, GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S.F, GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017Knowledgeable/Qualified (CCP § 2025.230)]) shall testify regarding
the matters described in the attached Description of Matters on Which
Examination is Requested. The Deponent shall designate and
produce at the Deposition those of its present or former officers,
directors, managing agents, employees, or agents who are most qualified
to testify on its behalf as to those matters to the extent of any
information known or reasonably available to the Deponent. Ifa
Request for Production at Deposition is included in this Notice of
Deposition the party, witness, and/or organization named as the
Deponent on the Deposition Notice shall designate one or more persons
to serve as a "Custodian of Records" authorized and empowered to
search for the documents, records, and Writings referred to in the
Request for Production at Deposition, served with the Deposition
Notice, and to bring those documents, records and Writings to the
deposition for the purposes of delivery, production, photocopying,
identification, and authentication of the Writings requested, and/or
testimony as to those Writings and/or matters related to those Writings
to the extent of any information known or reasonably available to the
Deponent.
The Deposition will be reported by a Certified Shorthand Reporter qualified
pursuant to C.C.P. Section 2025.320; and if not completed on the date noticed, the
Deposition will be continued from day to day thereafter at the same place, Sundays
and holidays excepted, until completed, or at such time and place as is agreeable to the
patties noticing this Deposition.
NOTICE IS FURTHER GIVEN, pursuant to CCP §§ 2025.330(c) and
2025.340, that Counsel for Judy Ranzer intends to record the testimony at the above-
described deposition by videotape in addition to recording this deposition testimony
by the stenographic method, Judy Ranzer also reserves the right to use the videotape
of the deposition testimony for all purposes authorized by law including trial,
arbitration [judicial or binding], mediation and/or any other hearing in this matter
[CCP §§ 2025.220, 2025.340(m), 2025.620].
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JUDY RANZER VS, S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC
SAN FRANCISCO CNTY. SUP. CT. NO, GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017oe QR DA WR WN
RB RNY NY YN NR KN BS BeBe ee we eR Be ee
ec IAA KR BH F&F SF Owe ADA PB Bw KH SY GS
ar
DATE: February 6, 2017 I 7
THE MOUNHER LAW FIR
By:
Jdghn ¥/Mounier AtsCounsel for
Judy Ranzer
DESCRIPTION OF MATTERS ON ICH
EXAMINATION IS REQUEST
CUSTODIAN OF RECORDS
Pursuant to California Code of Civil Procedure §2020.230 the party and/or
organization named as the Deponent (i.c., China Basin Ballpark Co. LLC’s
[Person Most Knowledgeable/Qualified (CCP § 2025.230)]) on this Deposition
Notice shall designate one or more persons from among its current or former officers,
directors, managing agents, employees or agents who are most qualified to testify
on its behalf as a "Custodian of Records" empowered and authorized to search for
and compile the documents, records, and WRITINGS referred to in the Request for
Production at Deposition, served with the Deposition Notice, and to bring those
documents, records and WRITINGS to the deposition for the purposes of delivery,
production, photocopying, identification, and authentication (pursuant to CCP §
2020.410(c)); and, to testify on behalf of Deponent (i.e., China Basin Ballpark Co,
LLC’s [Person Most Knowledgeable/Qualified (CCP § 2025.230)]) concerning the
creation, preparation, publication, dissemination, distribution, use and/or
maintenance of those WRITINGS and/or matters related to those WRITINGS to the
extent of any information known or reasonably available to the Deponent.
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JUDY RANZER VS. S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO. LLC
SAN FRANCISCO CNTY. SUP. CT. NO, GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S.F, GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025,230)] ON FEBRUARY 22, 20171.
3.
DESCRIPTION OF MATTERS IN WHICH EXAMINATION
IS REQUESTED
Plans for traffic control on the streets and sidewalks adjacent to AT&T
Park on or about April 7, 2013;
. Contracts with law enforcement agencies to provide traffic control on or
about April 7, 2013;
Contracts with agencies or divisions of the City and County of San
Francisco pertaining to traffic and crowd control at AT&T Park in effect
on or about April 7, 2013.
YOUR rules and regulations for placement of stanchions on the streets
and sidewalks adjacent to AT&T Park on or about April 7, 2013; and,
All WRITINGS concerning Judy Ranzer, including first aid, health care,
photos, and other writings concerning the events and injury sustained on
or about April 7, 2013.
PERSON(S) MOST QUALIFIED DESIGNATED
BY CHINA BASIN BALLPARK CO. LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)]
California Code of Civil Procedure §2020.230 states:
If the deponent named is not a natural person, the deposition notice shall
describe with reasonable particularity the matters on which examination is
requested. In that event, the deponent shall designate and produce at the
deposition those of its officers, directors, managing agents, employees, or
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JUDY RANZER VS. S.F. GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC
SAN FRANCISCO CNTY, SUP. CT, NO, GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S.F, GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017agents who are most qualified to testify on its behalf as to those matters to the
extent of any information known or reasonably available to the
deponent.
Pursuant to California Code of Civil Procedure §2020,230 the Deponent (i.e.,
China Basin Ballpark Co. LLC’s [Person Most Knowledgeable/Qualified (CCP §
2025.230)]) on this Deposition Notice shall designate one or more persons from
among its current or former officers, directors, managing agents, employees or
agents who are most qualified to testify on its behalf as a "Person Most Qualified"
authorized and empowered to testify on behalf of China Basin Ballpark Co. LLC’s
[Person Most Knowledgeable/Qualified (CCP § 2025.230)] regarding the following
matters which are known or reasonably available to the Deponent:
REQUEST FOR PRODUCTION OF DOCUMENTS AND
WRITINGS [AS “WRITINGS” ARE DEFINED IN EVIDENCE
CODE § 250] AT DEPOSITION OF CHINA BASIN BALLPARK
CO. LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED
(CCP § 2025.230)|
YOU (CHINA BASIN BALLPARK CO. LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)]) ARE REQUESTED TO
PRODUCE AT YOUR DEPOSITION THE “ORIGINALS”, AS WELL AS ALL
“DUPLICATES”, IN YOUR POSSESSION OR CONTROL OF ALL
“WRITINGS” AS DESCRIBED AND AS DEFINED BELOW,
DEFINITIONS OF TERMS USED IN THIS REQUEST FOR
PRODUCTION:
1. "ACCOUNT" shall mean a contract of deposit of funds
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JUDY RANZER VS. S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO. LLC
SAN FRANCISCO CNTY. SUP, CT, NO. GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025,230)] ON FEBRUARY 22, 2017Co em XQ A HW Rw NH
RYN YY YY NR NY YN BS ee Be Be we Be Be Be
oe AA A FB YH fF SGD eA DHA BW NH HF DS
between a depositor and a financial institution, includes a checking
account, savings account, certificate of deposit, share account,
mutual capital certificate, and other like arrangements.
. "ACCOUNT IN AN INSURED CREDIT UNION" means a share account
in a credit union, either federally chartered or state licensed, that is
insured under Title II of the Federal Credit Union Act (12 U.S.C.
Sec. 1781, et seq.).
. “ADDRESS” shall mean (a) the street number, street name, city, state or
province, country (if other than the United States of America), and zip code,
and, (b) the telephone number, including the area code and the country code
if outside of the United States of America.
. “ALL” or “ANY”: Whenever the word ALL or ANY appears, each includes
“any and all.”
. “AND” or “OR”: Whenever the word “AND” or “OR” appears, each
includes the logical inclusive “and/or.”
"BENEFICIARY" means a person to whom a donative transfer of
property is made or that person's successor in interest, and:
(a) As it relates to the intestate estate of a decedent, means an
heir.
(b) As it relates to the testate estate of a decedent, means a
devisee.
(c) As it relates to a trust, means a person who has any present
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JUDY RANZER VS. S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC
SAN FRANCISCO CNTY. SUP. CT. NO, GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S.F, GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017Co YN DA WH PF WY
PNM YY YN NN DN BSB Be Bee ee eB Bw
eA ADK EBYH F&F SF Cwe AAA RBH HK SS
or future interest, vested or contingent.
(d) As it relates to a charitable trust, includes any person
entitled to enforce the trust.
7. "COMMUNITY PROPERTY" means:
(a) Community property heretofore or hereafter acquired during
marriage by a married person while domiciled in this state.
(b) All personal property wherever situated, and all real property
situated in this state, heretofore or hereafter acquired during the
marriage by a married person while domiciled elsewhere, that is
community property, or a substantially equivalent type of marital
property, under the laws of the place where the acquiring spouse was
domiciled at the time of its acquisition.
(c) All personal property wherever situated, and all real property
situated in this state, heretofore or hereafter acquired during the
marriage by a married person in exchange for real or personal
property, wherever situated, that is community property, or a
substantially equivalent type of marital property, under the laws of
the place where the acquiring spouse was domiciled at the time the
property so exchanged was acquired.
8
JUDY RANZER VS, S.F. GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC
SAN FRANCISCO CNTY, SUP. CT. NO. GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S,F. GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025,230)] ON FEBRUARY 22, 2017Coe NY A WH BR WN
PRY NY YN NN HN Be ee we we Be Be ee
ot BD HW BF YW NY F& SG O0O eI DH FF Ww NH KF CO
8. “COMMUNICATE” or “COMMUNICATED” shall mean the act of
making a COMMUNICATION.
. “COMMUNICATION” shall mean every manner or means of disclosure,
transfer, or exchange of information, whether orally, by WRITING, or in any
other manner, and whether face to face, or by telephone, mail, personal
delivery, electronic mail, internet, or otherwise.
10. “CONCERN” or “CONCERNING”: The terms CONCERN or
CONCERNING as used in this Request for Production of Documents
includes referring to, alluding to, relating to, connected with, commenting on,
in respect of, about, regarding, discussing, showing, evidencing, describing,
mentioning, reflecting, analyzing, and constituting. A WRITING may
concern a certain person or subject without that person being the sole or even
significant topic of that WRITING.
11. "CONSERVATEE" includes a limited conservatee.
12. "CONSERVATOR!" includes a limited conservator.
13. "FIDUCIARY" means personal representative, trustee, guardian,
conservator, attorney-in-fact under a power of attorney, custodian
under the California Uniform Transfer To Minors Act (Part 9
(commencing with CA Probate Code Section 3900) of Division 4), or other
legal
representative subject to the CA Probate Code.
14, "FINANCIAL INSTITUTION" means a state or national bank, state
or federal savings and loan association or credit union, or like
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JUDY RANZER VS. S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC
SAN FRANCISCO CNTY. SUP, CT, NO, GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025,230)] ON FEBRUARY 22, 2017Ce NR A HW eB BN
YN YN YN NN DN Se ee Be we we ee He oe
ec UDA ARO YH F&F SF DM AA HA RF BW HK DS
organization.
15. "HEIR" means any person, including the surviving spouse, who is
entitled to take property of the decedent by intestate succession
under this code.
16. “IDENTIFY”:
a. When used with respect to a natural person, “IDENTIFY” shall
mean to give his or her full name, business ADDRESS and telephone
number, present employer, and position or job title;
b. When used with respect to a PERSON other than a natural person,
“IDENTIFY” shall mean to state its full name, the present or last known
ADDRESS of its principal office or place of doing business, and the type of
entity (for example, corporation, partnership, governmental entity, or
unincorporated association);
c. When used with respect to a WRITING, “IDENTIFY” shall mean to
identify the writing’s author, signor, sender, addressee, and all recipients; to
state the document’s present location, the name and ADDRESS of any
PERSON currently having custody or control of it, and any other descriptive
information necessary to identify such WRITING sufficiently in a subpoena
duces tecum or a request for production;
d. When used with respect to a COMMUNICATION other than a
WRITING, “IDENTIFY” shall mean to identify the person making the
COMMUNICATION, its recipients, and all natural persons who were present
at the time the COMMUNICATION was made, and to state the date, place,
and subject matter of the COMMUNICATION.
17. "INSTRUMENT" means a will, trust, deed, or other writing that
designates a beneficiary or makes a donative transfer of property.
18. "INSURED ACCOUNT IN A FINANCIAL INSTITUTION" means an
account in a bank, an account in an insured credit union, and an account in an
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JUDY RANZER VS, S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO. LLC
SAN FRANCISCO CNTY. SUP, CT, NO. GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017insured savings and loan association, to the extent that the account is insured.
19, “INTERESTED PERSON”: (a) Subject to subdivision (b), "interested person"
includes any of the following:
(1) An heir, devisee, child, spouse, creditor, beneficiary, and
any other person having a property right in or claim against a trust
estate or the estate of a decedent which may be affected by the
proceeding,
(2) Any person having priority for appointment as personal
representative,
(3) A fiduciary representing an interested person.
(b) The meaning of "interested person" as it relates to particular
persons may vary from time to time and shall be determined according
to the particular purposes of, and matter involved in, any
proceeding.
20. “MEETING?” shall mean any gathering of two or more PERSONS, whether by
chance, prearranged, informal, formal, in connection with some other activity,
or otherwise.
21. “PERSON” or “PERSONS” shall include individuals, firms, associations,
partnerships, joint ventures, corporations, trusts, organizations, other business
or governmental entities, and all combinations of them.
22. “YOU” or “YOUR”: The terms “YOU” or “YOUR?” as used in this Request for
Production mean:
“YOU” or “YOUR?” refers to the Deponent (China Basin
Ballpark Co. LLC’s [Person Most Knowledgeable/Qualified (CCP §
2025.230)]) named on this Notice of Deposition by Oral Examination; if
the Deponent named is a natural person, “YOU” or “YOUR?” includes
that natural person’s agents, employees, and or counsel; if the Deponent
named is an association, organization, partnership, or a public or private
corporation, “YOU” or “YOUR” includes that Deponent’s agents,
servants, counsel, and/or employees.
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JUDY RANZER VS, S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC
SAN FRANCISCO CNTY, SUP. CT, NO. GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017Co oe IN DA WF WN
ww N NY NY YN KN KN See Be Be ee Be eB
ea aA A FOS fF SF OD we ADAH BR WP SK Oo
If the Deponent is a Custodian of Records, then “YOU” or
“YOUR?” includes the agents, servants, employees and/or counsel of the
person designated as the Custodian of Records as well as of the
organization for whom the Deponent has been designated as Custodian
of Records,
23, “WRITINGS”: The term “WRITINGS” includes ORIGINALS and
DUPLICATES and has that meaning given by the CALIFORNIA CODE OF
EVIDENCE SECTIONS 250, 255 and 260 which read as follows:
250. “WRITING” means handwriting, typewriting,
printing, photostating, photographing, photocopying,
transmitting by electronic mail or facsimile, and every
other means of recording upon any tangible thing, any
form of communication or representation, including
letters, words, pictures, sounds, or symbols, or
combinations thereof, and any record thereby created,
regardless of the manner in which the record has been
stored,
255. “ORIGINAL” means the writing itself or any
counterpart intended to have the same effect by a person
executing or issuing it. An “original” of a photograph
includes the negative or any print therefrom. If data are
stored in a computer or similar device, any printout or
other output readable by sight, shown to reflect the data
accurately, is an “original.”
260. A “DUPLICATE” is a counterpart produced by
the same impression as the original, or from the same
matrix, or by means of photography, including
12
JUDY RANZER VS. 8.F. GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC
SAN FRANCISCO CNTY. SUP. CT. NO, GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025,230)] ON FEBRUARY 22, 2017oe YN A A Rw NY
YP NRNN NY NNN YN B&B Be Be we ee we ew
on nN UN FF Ww NY KF OD Oe HI DH FF Ww NY KF OC
enlargements and miniatures, or by mechanical or
electronic rerecording, or by chemical reproduction, or
by other equivalent technique which accurately
reproduces the original.
TO CHINA BASIN BALLPARK CO, LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025,230)]: PLEASE
PRODUCE AT DEPOSITION FOR INSPECTION, PHOTOCOPYING,
AND EXAMINATION REGARDING, THE FOLLOWING
“WRITINGS”:
1. YOUR Plans for traffic control on the streets and sidewalks adjacent to
AT&T Park on or about April 7, 2013;
2. ALL Contracts with law enforcement agencies to provide traffic control on
or about April 7, 2013;
3. ALL Contracts with agencies or divisions of the City and County of San
Francisco pertaining to traffic and crowd control at AT&T Park in effect on
or about April 7, 2013.
4. YOUR rules and regulations for placement of stanchions on the streets and
sidewalks adjacent to AT&T Park on or about April 7, 2013; and,
5. All WRITINGS concerning Judy Ranzer, including first aid, health care,
photos, and other writings concerning the events and injury sustained on or
about April 7, 2013.
13
JUDY RANZER VS, S.F. GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC
SAN FRANCISCO CNTY. SUP. CT, NO, GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S.F, GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017oC em YN A HW PF WN
Nb N NY N NY = ee
RBNRRRBRPEBREREBGERFVWREAREEORS S
PROOF OF SERVICE
CASE NAME: Judy Ranzer vs. S.F. Giants Enterprises LLC; China Basin
Ballpark Co, LLC
CASENO.:; SAN FRANCISCO Sup. Ct. Case No. GCG-15-545196
I declare under California’s law of perjury that I am over 18, not a party or
interested in this action, work at 35 Miller Avenue, Suite 206, Mill Valley, CA
94941, and on February 6, 2017, at Mill Valley, CA, I served the following
document(s):
Judy Ranzer’s Notice of Deposition of China Basin Ballpark Co. LLC’s [Person
Most Knowledgeable/Qualified (CCP § 2025.230)]
XXXX (BY MAIL) I placed copies of the above documents in properly posted
envelopes addressed as below, and placed them in the United States mail.
Robert James Frassetto (SBN 104435)
FRASSETTO LAW LLP
160 Franklin Street, Ste, 200
Oakland, CA 94607
Tel.: 510.817-0466
Fax: 855.556-4321
Counsel for SF Giants Enterprises LLC
& China Basin Ballpark Co. LLC
@FrassettoLaw.com
Service Date: February 6, 2017
By:
ft
Kilo H.-Gajfett or Jdhn F. Mounier Jr,
Courtesy E-Mail copy to Court Reporter: Carol es & Associates
John Nygard
Scott Nygard
Carol Nygard
14
JUDY RANZER VS, S.F. GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC
SAN FRANCISCO CNTY, SUP. CT. NO, GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S,F, GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017Ce YN A HW Rw NY Ye
YP NNN NNN ND ND Bee ee we ee em
oN KH AW FF BW YN KF& OD OD eB DQ DHA FF Ww NH SK SCS
John F, Mounier Jr. (SBN 48377]
THE MOUNIER LAW FIRM
San Francisco & Los Angeles
S.F. Northbay (Marin County)
35 Miller Avenue, Suite 206
Mill Valley, CA 94941
Tel.: (415) 967-8361
Attorneys for Judy Ranzer,
THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN
FRANCISCO
UNLIMITED JURISDICTION
JUDY RANZER, CASE NUMBER: GCG-15-545196
Plaintiff JUDY RANZER’S NOTICE OF
DEPOSITION BY ORAL
vs.
S.F, GIANTS ENTERPRISES LLC;
CHINA BASIN BALLPARK CO. LLC
Defendants
EXAMINATION OF S.F. GIANTS
ENTERPRISES LLC’S [PERSON
MOST KNOWLEDGEABLE
/QUALIFIED (CCP § 2025.230)]
(X)__ WITH PRODUCTION OF RECORDS
[C.C.P. §2025.220];
(X) _ WITNESS(S) TO BE DESIGNATED
BY ORGANIZATION NAMED AS
DEPONENT IN THIS NOTICE [C.C.P.
§2025.230];
(.)__ PER SUBPOENA DUCES TECUM
[C-C.P. §§1985, ET SEQ., 2020};
(X)_ BY AUDIO TAPE OR VIDEO TAPE
[C.C.P. 8§ 2025.330(c) & 2025.340)]; and/or
(X) _ RESERVING THE RIGHT TO USE
THE VIDEO TAPE AT TRIAL
[C.CP. §§ 2025.330(c); 2025.340; & 2025.260].
DEPONENT'S NAME & ADDRESS: S.F, Giants Enterprises LLC’s [Person
Most Knowledgeable/Qualified (CCP § 2025.230)] Address: C/o FRASSETTO
1
JUDY RANZER VS, S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC
SAN FRANCISCO CNTY. SUP. CT, NO. GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF SF. GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025,230)] ON FEBRUARY 22, 2017Ce IW DAW BR Bw NY
bY YY YN NRK KR He eB eee ew eB ew ie
eu RK FO BOS fF FSF CeAAARESE HES
LAW LLP. 160 Franklin Street, Ste. 200, Oakland, CA 94607
DATE: February 22, 2017 TIME: 11:00 a.m.
PLACE; DEPOSITION OFFICER:
Carol Nygard & Associates Carol Nygard & Associates
225 Bush Street, Ste. 1830 225 Bush Street, Ste, 1830
San Francisco, CA 94104 San Francisco, CA 94104
415.956-9400 415.956-9400
PLEASE TAKE NOTICE that, in accordance with the California Civil
Discovery Act (including CCP §§ 2019.010(a); 2020.010(a); 2025.020 (a)-(c);
2025.210; 2025.010; 2025.310-2025.340; 2025.310(a); 2025.510; and, 2026.010-
2027.010) the Deposition of the Deponent S.F. GIANTS ENTERPRISES LLC’S
[PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)], will
be taken under the conditions checked (X) on the caption of and within this NOTICE
OF DEPOSITION, including the provisions of any of the paragraphs checked (X)
below:
() Pursuant to Subpoena Duces Tecum, the Deponent is required to bring
the documents requested in the Subpoena Duces Tecum Re Deposition
as listed in the Affidavit for Issuance of the Subpoena Duces Tecum,
both of which are served on all parties.
(X) Pursuant to C.C.P. Section 2025.220 (A)(4), the Deponent (S.F. Giants
Enterprises LLC’s [Person Most Knowledgeable/Qualified (CCP §
2025.230)]) is required to produce books, documents, writings, or other
things as specified in the attached Request for Production at
Deposition; the Deponent (S.F, Giants Enterprises LLC’s [Person Most
Knowledgeable/Qualified (CCP § 2025.230)]) will be examined
regarding the items specified in the Request for Production at
Deposition.
(X) Pursuant to C.C.P. Section 2025.230, an Organization (a public or
private corporation or partnership or association) named as the Deponent
(i.e., S.F. Giants Enterprises LLC’s [Person Most
2
JUDY RANZER VS. S.F. GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC
SAN FRANCISCO CNTY, SUP. CT, NO, GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST
KKNOWLEDGEABLE/QUALIFIED (CCP § 2025,230)] ON FEBRUARY 22, 2017Knowledgeable/Qualified (CCP § 2025.230)]) shall testify regarding
the matters described in the attached Description of Matters on Which
Examination is Requested, The Deponent shall designate and
produce at the Deposition those of its present or former officers,
directors, managing agents, employees, or agents who are most qualified
to testify on its behalf‘as to those matters to the extent of any
information known or reasonably available to the Deponent. If a
Request for Production at Deposition is included in this Notice of
Deposition the party, witness, and/or organization named as the
Deponent on the Deposition Notice shall designate one or more persons
to serve as a "Custodian of Records" authorized and empowered to
search for the documents, records, and Writings referred to in the
Request for Production at Deposition, served with the Deposition
Notice, and to bring those documents, records and Writings to the
deposition for the purposes of delivery, production, photocopying,
identification, and authentication of the Writings requested, and/or
testimony as to those Writings and/or matters related to those Writings
to the extent of any information known or reasonably available to the
Deponent.
The Deposition will be reported by a Certified Shorthand Reporter qualified
pursuant to C.C.P. Section 2025.320; and if not completed on the date noticed, the
Deposition will be continued from day to day thereafter at the same place, Sundays
and holidays excepted, until completed, or at such time and place as is agreeable to the
parties noticing this Deposition.
NOTICE IS FURTHER GIVEN, pursuant to CCP §§ 2025.330(c) and
2025.340, that Counsel for Judy Ranzer intends to record the testimony at the above-
described deposition by videotape in addition to recording this deposition testimony
by the stenographic method. Judy Ranzer also reserves the right to use the videotape
of the deposition testimony for all purposes authorized by law including trial,
arbitration [judicial or binding], mediation and/or any other hearing in this matter
[CCP §§ 2025.220, 2025.340(m), 2025.620].
3
JUDY RANZER VS. S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO. LLC
SAN FRANCISCO CNTY. SUP. CT, NO, GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017DATE: February 6, 2017
THE MOUNIER
By:
John F\.Méunier ‘ounsel for
Judy Ranzer
DESCRIPTION OF MATTERS it ne
EXAMINATION IS REQUES!
CUSTODIAN OF RECORDS
Pursuant to California Code of Civil Procedure §2020.230 the party and/or
organization named as the Deponent (i.c., S.F. Giants Enterprises LLC’s [Person
Most Knowledgeable/Qualified (CCP § 2025.230)]) on this Deposition Notice shall
designate one or more persons from among its current or former officers, directors,
managing agents, employees or agents who are most qualified to testify on its
behalf as a "Custodian of Records" empowered and authorized to search for and
compile the documents, records, and WRITINGS referred to in the Request for
Production at Deposition, served with the Deposition Notice, and to bring those
documents, records and WRITINGS to the deposition for the purposes of delivery,
production, photocopying, identification, and authentication (pursuant to CCP §
2020.410(c)); and, to testify on behalf of Deponent (i.c., S.F, Giants Enterprises
LLC’s [Person Most Knowledgeable/Qualified (CCP § 2025.230)]) concerning the
creation, preparation, publication, dissemination, distribution, use and/or
maintenance of those WRITINGS and/or matters related to those WRITINGS to the
extent of any information known or reasonably available to the Deponent.
4
JUDY RANZER VS. S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC
SAN FRANCISCO CNTY. SUP, CT, NO. GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017oem YN DAH PB WN
Bw MY NY YN NR KY NY Se Be Be Be Be Be Be Be
eo a ao RB ONS fF SF Cwm AA HB BH HE SS
DESCRIPTION OF MATTERS IN WHICH EXAMINATION
IS REQUESTED
. Plans for traffic control on the streets and sidewalks adjacent to AT&T
Park on or about April 7, 2013;
. Contracts with law enforcement agencies to provide traffic control on or
about April 7, 2013;
. Contracts with agencies or divisions of the City and County of San
Francisco pertaining to traffic and crowd control at AT&T Park in effect
on or about April 7, 2013.
. YOUR rules and regulations for placement of stanchions on the streets
and sidewalks adjacent to AT&T Park on or about April 7, 2013; and,
. All WRITINGS concerning Judy Ranzer, including first aid, health care,
photos, and other writings concerning the events and injury sustained on
or about April 7, 2013.
PERSON(S) MOST QUALIFIED DESIGNATED
BY S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)]
California Code of Civil Procedure §2020.230 states:
If the deponent named is not a natural person, the deposition notice shall
describe with reasonable particularity the matters on which examination is
requested. In that event, the deponent shall designate and produce at the
deposition those of its officers, directors, managing agents, employees, or
5
JUDY RANZER VS, S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC
SAN FRANCISCO CNTY, SUP. CT. NO, GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025,230)] ON FEBRUARY 22, 2017co Oe ON DH BR WN
BPN RY YY NRK ND KF Ee Bee we Be Be Be Be
eo QUA aA FSS F&F FSF Ce DAA BRB wHH KF SS
agents who are most qualified to testify on its behalf as to those matters to the
extent of any information known or reasonably available to the
deponent,
Pursuant to California Code of Civil Procedure §2020.230 the Deponent (i.e.,
S.F. Giants Enterprises LLC’s [Person Most Knowledgeable/Qualified (CCP §
2025.230)]) on this Deposition Notice shall designate one or more persons from
among its current or former officers, directors, managing agents, employees or
agents who are most qualified to testify on its behalf as a "Person Most Qualified"
authorized and empowered to testify on behalf of S.F. Giants Enterprises LLC’s
[Person Most Knowledgeable/Qualified (CCP § 2025.230)] regarding the following
matters which are known or reasonably available to the Deponent:
REQUEST FOR PRODUCTION OF DOCUMENTS AND
WRITINGS [AS “WRITINGS” ARE DEFINED IN EVIDENCE
CODE § 250] AT DEPOSITION OF S.F. GIANTS ENTERPRISES
LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP
§ 2025,230)]
YOU (S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)]) ARE REQUESTED TO
PRODUCE AT YOUR DEPOSITION THE “ORIGINALS”, AS WELL AS ALL
“DUPLICATES”, IN YOUR POSSESSION OR CONTROL OF ALL
“WRITINGS” AS DESCRIBED AND AS DEFINED BELOW.
DEFINITIONS OF TERMS USED IN THIS REQUEST FOR
PRODUCTION:
1, "ACCOUNT" shall mean a contract of deposit of funds
6
JUDY RANZER VS. S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO. LLC
SAN FRANCISCO CNTY. SUP. CT, NO, GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF SF. GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017between a depositor and a financial institution, includes a checking
account, savings account, certificate of deposit, share account,
mutual capital certificate, and other like arrangements.
. "ACCOUNT IN AN INSURED CREDIT UNION" means a share account
in a credit union, either federally chartered or state licensed, that is
insured under Title II of the Federal Credit Union Act (12 U.S.C.
Sec, 1781, et seq.).
. “ADDRESS” shall mean (a) the street number, street name, city, state or
province, country (if other than the United States of America), and zip code;
and, (b) the telephone number, including the area code and the country code
if outside of the United States of America.
. “ALL” or “ANY”: Whenever the word ALL or ANY appears, each includes
“any and all,”
. “AND” or “OR”: Whenever the word “AND” or “OR” appears, each
includes the logical inclusive “and/or.”
"BENEFICIARY" means a person to whom a donative transfer of
property is made or that person's successor in interest, and:
(a) As it relates to the intestate estate of a decedent, means an
heir.
(b) As it relates to the testate estate of a decedent, means a
devisee.
(c) As it relates to a trust, means a person who has any present
7
JUDY RANZER VS, S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC
SAN FRANCISCO CNTY. SUP, CT, NO. GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S.F, GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017or future interest, vested or contingent.
(d) As it relates to a charitable trust, includes any person
entitled to enforce the trust.
7,."COMMUNITY PROPERTY" means:
(a) Community property heretofore or hereafter acquired during
marriage by a married person while domiciled in this state.
(b) All personal property wherever situated, and all real property
situated in this state, heretofore or hereafter acquired during the
marriage by a married person while domiciled elsewhere, that is
community property, or a substantially equivalent type of marital
property, under the laws of the place where the acquiring spouse was
domiciled at the time of its acquisition.
(c) All personal property wherever situated, and all real property
situated in this state, heretofore or hereafter acquired during the
marriage by a married person in exchange for real or personal
property, wherever situated, that is community property, or a
substantially equivalent type of marital property, under the laws of
the place where the acquiring spouse was domiciled at the time the
property so exchanged was acquired.
8
JUDY RANZER VS, S.F. GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC
SAN FRANCISCO CNTY. SUP. CT, NO. GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S.F, GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017oC em IN DAW PR WN
PN YN NY NN NY YD Bee we Be eB Be Be Be eB
eI AA KR OH F&F SF BDH ADA AR BW KH HK DO
8. “COMMUNICATE” or “COMMUNICATED” shall mean the act of
making a COMMUNICATION.
9. “COMMUNICATION” shall mean every manner or means of disclosure,
transfer, or exchange of information, whether orally, by WRITING, or in any
other manner, and whether face to face, or by telephone, mail, personal
delivery, electronic mail, internet, or otherwise.
10. “CONCERN” or “CONCERNING”: The terms CONCERN or
CONCERNING as used in this Request for Production of Documents
includes referring to, alluding to, relating to, connected with, commenting on,
in respect of, about, regarding, discussing, showing, evidencing, describing,
mentioning, reflecting, analyzing, and constituting. A WRITING may
concern a certain person or subject without that person being the sole or even
significant topic of that WRITING.
11. "CONSERVATEE" includes a limited conservatee.
12. "CONSERVATOR' includes a limited conservator.
13. "FIDUCIARY" means personal representative, trustee, guardian,
conservator, attorney-in-fact under a power of attorney, custodian
under the California Uniform Transfer To Minors Act (Part 9
(commencing with CA Probate Code Section 3900) of Division 4), or other
legal
representative subject to the CA Probate Code.
14. "FINANCIAL INSTITUTION" means a state or national bank, state
or federal savings and loan association or credit union, or like
9
JUDY RANZER VS. S.F. GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC
SAN FRANCISCO CNTY, SUP, CT, NO, GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S.F, GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025,230)] ON FEBRUARY 22, 2017oe IN DAW RB WN
PNM YY YN NN KN He Be Be Be ee Be Be
el AA FOB H F&F SOD HAN DH BR WN YH DS
organization.
15, "HEIR" means any person, including the surviving spouse, who is
entitled to take property of the decedent by intestate succession
under this code.
16. “IDENTIFY”:
a. When used with respect to a natural person, “IDENTIFY” shall
mean to give his or her full name, business ADDRESS and telephone
number, present employer, and position or job title;
b, When used with respect to a PERSON other than a natural person,
“{DENTIFY” shall mean to state its full name, the present or last known
ADDRESS of its principal office or place of doing business, and the type of
entity (for example, corporation, partnership, governmental entity, or
unincorporated association);
c. When used with respect to a WRITING, “IDENTIFY” shall mean to
identify the writing’s author, signor, sender, addressee, and all recipients; to
state the document’s present location, the name and ADDRESS of any
PERSON currently having custody or control of it, and any other descriptive
information necessary to identify such WRITING sufficiently in a subpoena
duces tecum or a request for production;
d. When used with respect to a COMMUNICATION other than a
WRITING, “IDENTIFY” shall mean to identify the person making the
COMMUNICATION, its recipients, and all natural persons who were present
at the time the COMMUNICATION was made, and to state the date, place,
and subject matter of the COMMUNICATION.
17. "INSTRUMENT" means a will, trust, deed, or other writing that
designates a beneficiary or makes a donative transfer of property.
18. "INSURED ACCOUNT IN A FINANCIAL INSTITUTION" means an
account in a bank, an account in an insured credit union, and an account in an
10
JUDY RANZER VS. S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC
SAN FRANCISCO CNTY, SUP. CT, NO. GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S.F, GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017oe YN DH BF WN
mw YW YP YY NY NY ND HE Be Be Be Be ee Be Be
oa aA A RB OD fF SO we ADA RB WH HF OD
insured savings and loan association, to the extent that the account is insured,
19, “INTERESTED PERSON”: (a) Subject to subdivision (b), "interested person"
includes any of the following:
(1) An heir, devisee, child, spouse, creditor, beneficiary, and
any other person having a property right in or claim against a trust
estate or the estate of a decedent which may be affected by the
proceeding.
(2) Any person having priority for appointment as personal
representative.
(3) A fiduciary representing an interested person.
(b) The meaning of "interested person" as it relates to particular
persons may vary from time to time and shall be determined according
to the particular purposes of, and matter involved in, any
proceeding.
20. “MEETING?” shall mean any gathering of two or more PERSONS, whether by
chance, pteatranged, informal, formal, in connection with some other activity,
or otherwise.
21. “PERSON” or “PERSONS” shall include individuals, firms, associations,
partnerships, joint ventures, corporations, trusts, organizations, other business
ot governmental entities, and all combinations of them.
22. “YOU” or “YOUR”: The terms “YOU” or “YOUR?” as used in this Request for
Production mean:
“YOU” or “YOUR?” refers to the Deponent (S.F. Giants
Enterprises LLC’s [Person Most Knowledgeable/Qualified (CCP §
2025.230)]) named on this Notice of Deposition by Oral Examination; if
the Deponent named is a natural person, “YOU” or “YOUR?” includes
that natural person’s agents, employees, and or counsel; if the Deponent
named is an association, organization, partnership, or a public or private
corporation, “YOU” or “YOUR” includes that Deponent’s agents,
servants, counsel, and/or employees.
i
JUDY RANZER VS. S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO. LLC
SAN FRANCISCO CNTY. SUP. CT. NO, GCG-15-545196
JUDY RANZER’S NOTICE OF DEPO OF S.F, GIANTS ENTERPRISES LLC’S [PERSON MOST
KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017Ceo YN DA WH PF BW N
YY Y YP YW RYN KY NK SF EY Fe Be Be Be Be Be eB
ou AA KR ONS fF SBD we IA DH BW NH SF SS
If the Deponent is a Custodian of Records, then “YOU” or
“YOUR?” includes the agents, servants, employees and/or counsel of the
person designated as the Custodian of Records as well as of the
organization for whom the Deponent has been designated as Custodian
of Records,
23. “WRITINGS”: The term “WRITINGS” includes ORIGINALS and
DUPLICATES and has that meaning given by the CALIFORNIA CODE OF
EVIDENCE SECTIONS 250, 255 and 260 which read as follows:
250. “WRITING” means handwriting, typewriting,
printing, photostating, photographing, photocopying,
transmitting by electronic mail or facsimile, and every
other means of recording upon any tangible thing, any
form of communication or representation, including
letters, words, pictures, sounds, or symbols, or
combinations thereof, and any record thereby created,
regardless of the manner in which the record has been
stored.
255, “ORIGINAL” means the writing itself or any
counterpart intended to have the same effect by a person
executing or issuing it. An “original” of a photograph
includes the negative or any print therefrom. If data are
stored in a computer or similar device, any printout or
other output readable by sight, shown to reflect the data
accurately, is an “original.”
260. A “DUPLICATE?” is a counterpart produced by
the same impression as the original, or from the same
matrix, or by means of photography, including
12
JUDY RANZER VS. S.F. GIAN
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ROBERT J. FRASSETTO, ESQ. (SBN 104435) DIRK D. LARSEN, ESQ. (SBN 246028) FRASSETTO LAW LLP ELECTRONICALLY Jack London Square FILED 160 Franklin Street, Suite 200 apaderlecuree caer Oakland, CA 94607-4725 ‘County of San Francisco Telephone: (510) 817-0466 02/17/2017 Facsimile: (855) 556-4321 021. of 42 Court BY:VANESSA WU Deputy Clerk Attorneys for Defendants SAN FRANCISCO GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK COMPANY LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO JUDY RANZER, Case No. CGC-15-545196 Plaintiff, DISCOVERY vs. DECLARATION OF ROBERT J. FRASSETTO IN SUPPORT OF SAN FRANCISCO GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC and Doe | through Doe 100; Defendants. DEFENDANTS SAN FRANCISCO GIANTS ENTERPRISES LLC AND CHINA BASIN BALLPARK COMPANY LLC’S MOTION FOR PROTECTIVE ORDER TO PRECLUDE, OR IN THE ALTERNATIVE, RESTRICT THE DEPOSITIONS OF DEFENDANTS’ PERSON(S) MOST KNOWLEDGEABLE AND PRODUCTION OF DOCUMENTS; REQUEST FOR MONETARY SANCTION (CODE CIV. PROC. §§ 2025.420, 2023.010 et seq) DATE: March 13, 2017 TIME: 9:00 A.M. DEPT.: 302 Trial Date: March 27, 2017 I, ROBERT J. FRASSETTO, ESQ., declare as follows: 1. I have personal knowledge of the following facts, and could and would testify competently thereto if called upon to do so, except as to those facts stated upon information and belief, which I am informed and believe are true. -l- DECLARATION OF ROBERT J. FRASSETTO, ESQ., IN SUPPORT OF DEFENDANTS’ MOTION FOR PROTECTIVE ORDER; REQUEST FOR MONETARY SANCTIONxa nw ee 2. Tam an attorney at law duly licensed to practice before all courts of the State of California, and am a partner with the law firm Frassetto Law LLP, attorneys of record herein for defendants SAN FRANCISCO GIANTS ENTERPRISES LLC and CHINA BASIN BALLPARK. COMPANY LLC. 3. This personal injury (premises liability) lawsuit arises out of plaintiff JUDY RANZER’s alleged injury at AT&T Park located at 24 and King Streets in San Francisco. Plaintiff Judy Ranzer claims to have tripped and fallen over a barricade while attending a San Francisco Giants game on April 7, 2013. Trial is scheduled for March 27, 2017, Plaintiff's attorney of record is John Mounier Jr., Esq., The Mounier Law Firm, 35 Miller Avenue, Mill Valley, CA 94941, 415-967-8361. 4, At plaintiffs deposition, which I took for defendants, plaintiff described walking along the sidewalk of 2nd Street across that street from AT&T Park, when an unidentified man jostled her, causing her to lose her balance and trip over a barricade. While she stated that other people were walking along the sidewalk, she denied large crowds of people and admitted that nothing obstructed her view of the barricade. 5. On February 6, 2017, plaintiff's counsel served by mail notices of the deposition of each defendant’s person most knowledgeable / qualified, along with requests for the production of documents. A true and correct copy of these deposition notices, which contain the same descriptions of topics for testimony and production requests, are attached hereto as Exhibit A. Defendants’ objections to same, timely served, are attached hereto as Exhibit B. 6. On February 16, I transmitted via email at approximately 12:51 PM meet and confer correspondence to plaintiff's counsel regarding the subject deposition notices, which correspondence is attached hereto as Exhibit C. 7. As of the filing of this motion, my office has received no response from Mr. Mounier to my meet and confer correspondence. 8. My billing rate for this matter is $185 per hour, as is that of my partner, Dirk Larsen. I have spent 3 hours preparing this motion and Mr. Larsen has spent 2.9 hours preparing this motion. I anticipate that I will spend approximately 6 hours reviewing and analyzing -2- DECLARATION OF ROBERT J. FRASSETTO, ESQ., IN SUPPORT OF DEFENDANTS’ MOTION FOR PROTECTIVE ORDER; REQUEST FOR MONETARY SANCTIONplaintiffs opposition and all legal points and authorities cited therein, preparing defendants’ reply, and attending the hearing of the motion, including round trip travel time to court from our offices in Oakland, which will be apportioned between defendants four discovery motions to compel plaintiffs discovery compliance set for the same date. In addition, I am informed and believe that defendants will be charged a $60 fee for filing the motion. Accordingly, defendants will have incurred approximately $2,280 in reasonable attorney’s fees and costs in bringing this motion. I swear under penalty of perjury under the laws of the State of California that the foregoing is true and correct. OF Executed this \o day of February, 2017, Oakland, California. en J-FRASSETTO, ESQ. -3- DECLARATION OF ROBERT J. FRASSETTO, ESQ., IN SUPPORT OF DEFENDANTS’ MOTION FOR PROTECTIVE ORDER; REQUEST FOR MONETARY SANCTIONEXHIBIT AJohn F. Mounier Jr. (SBN 48377] THE MOUNIER LAW FIRM San Francisco & Los Angeles S.F. Northbay (Marin County) 35 Miller Avenue, Suite 206 Mill Valley, CA 94941 Tel.: (415) 967-8361 Attorneys for Judy Ranzer, THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION JUDY RANZER, CASE NUMBER: GCG-15-545196 Plaintiff JUDY RANZER’S NOTICE OF DEPOSITION BY ORAL vs. EXAMINATION OF CHINA BASIN BALLPARK CO, LLC’S [PERSON MOST KNOWLEDGEABLE S.F. GIANTS ENTERPRISES LLC; /QUALIFIED (CCP § 2025.230)] CHINA BASIN BALLPARK CO, LLC Defendants (X)__ WITH PRODUCTION OF RECORDS [C.CP. §2025,220]; (X) _ WITNESS(S) TO BE DESIGNATED BY ORGANIZATION NAMED AS DEPONENT IN THIS NOTICE [C.C.P. §2025.230]; ( PER SUBPOENA DUCES TECUM [C-CP. §§1985, ET SEQ., 2020]; (X) _ BY AUDIO TAPE OR VIDEO TAPE [C.CP. §§ 2025,330(c) & 2025.340)]; and/or (X) RESERVING THE RIGHT TO USE THE VIDEO TAPE AT TRIAL [C.CP. §§ 2025.330(c); 2025,340; & 2025.260]. DEPONENT'S NAME & ADDRESS: China Basin Ballpark Co. LLC’s [Person Most Knowledgeable/Qualified (CCP § 2025.230)] Address: C/o FRASSETTO 1 JUDY RANZER VS, S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC SAN FRANCISCO CNTY. SUP. CT, NO, GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017oC eo ND HW BF WY HS NN YN YN NR KN YN Bee Be Be Be Be Be ew eB eS ew A aA KR BS S&F SF OC weHe RA AA BRB wWwNH HS LAW LLP. 160 Franklin Street, Ste. 200, Oakland, CA 94607 DATE: February 22, 2017 TIME: 1:00 p.m. PLACE: DEPOSITION OFFICER: Carol Nygard & Associates Carol Nygard & Associates 225 Bush Street, Ste. 1830 225 Bush Street, Ste. 1830 San Francisco, CA 94104 San Francisco, CA 94104 415.956-9400 415,956-9400 PLEASE TAKE NOTICE that, in accordance with the California Civil Discovery Act (including CCP §§ 2019.010(a); 2020.010(a); 2025.020 (a)-(c); 2025.210; 2025.010; 2025.310-2025.340; 2025.3 10(a); 2025.510; and, 2026.010- 2027.010) the Deposition of the Deponent CHINA BASIN BALLPARK CO. LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)], will be taken under the conditions checked (X) on the caption of and within this NOTICE OF DEPOSITION, including the provisions of any of the paragraphs checked (X) below: Q) (x) (x) Pursuant to Subpoena Duces Tecum, the Deponent is required to bring the documents requested in the Subpoena Duces Tecum Re Deposition as listed in the Affidavit for Issuance of the Subpoena Duces Tecum, both of which are served on all parties. Pursuant to C.C.P. Section 2025.220 (A)(4), the Deponent (China Basin Ballpark Co, LLC’s [Person Most Knowledgeable/Qualified (CCP § 2025.230)]) is required to produce books, documents, writings, or other things as specified in the attached Request for Production at Deposition; the Deponent (China Basin Ballpark Co. LLC’s [Person Most Knowledgeable/Qualified (CCP § 2025.230)]) will be examined regarding the items specified in the Request for Production at Deposition. Pursuant to C.C.P. Section 2025.230, an Organization (a public or private corporation or partnership or association) named as the Deponent (ie., China Basin Ballpark Co. LLC’s [Person Most 2 JUDY RANZER VS, S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO. LLC SAN FRANCISCO CNTY, SUP, CT, NO, GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S.F, GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017Knowledgeable/Qualified (CCP § 2025.230)]) shall testify regarding the matters described in the attached Description of Matters on Which Examination is Requested. The Deponent shall designate and produce at the Deposition those of its present or former officers, directors, managing agents, employees, or agents who are most qualified to testify on its behalf as to those matters to the extent of any information known or reasonably available to the Deponent. Ifa Request for Production at Deposition is included in this Notice of Deposition the party, witness, and/or organization named as the Deponent on the Deposition Notice shall designate one or more persons to serve as a "Custodian of Records" authorized and empowered to search for the documents, records, and Writings referred to in the Request for Production at Deposition, served with the Deposition Notice, and to bring those documents, records and Writings to the deposition for the purposes of delivery, production, photocopying, identification, and authentication of the Writings requested, and/or testimony as to those Writings and/or matters related to those Writings to the extent of any information known or reasonably available to the Deponent. The Deposition will be reported by a Certified Shorthand Reporter qualified pursuant to C.C.P. Section 2025.320; and if not completed on the date noticed, the Deposition will be continued from day to day thereafter at the same place, Sundays and holidays excepted, until completed, or at such time and place as is agreeable to the patties noticing this Deposition. NOTICE IS FURTHER GIVEN, pursuant to CCP §§ 2025.330(c) and 2025.340, that Counsel for Judy Ranzer intends to record the testimony at the above- described deposition by videotape in addition to recording this deposition testimony by the stenographic method, Judy Ranzer also reserves the right to use the videotape of the deposition testimony for all purposes authorized by law including trial, arbitration [judicial or binding], mediation and/or any other hearing in this matter [CCP §§ 2025.220, 2025.340(m), 2025.620]. 3 JUDY RANZER VS, S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC SAN FRANCISCO CNTY. SUP. CT. NO, GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017oe QR DA WR WN RB RNY NY YN NR KN BS BeBe ee we eR Be ee ec IAA KR BH F&F SF Owe ADA PB Bw KH SY GS ar DATE: February 6, 2017 I 7 THE MOUNHER LAW FIR By: Jdghn ¥/Mounier AtsCounsel for Judy Ranzer DESCRIPTION OF MATTERS ON ICH EXAMINATION IS REQUEST CUSTODIAN OF RECORDS Pursuant to California Code of Civil Procedure §2020.230 the party and/or organization named as the Deponent (i.c., China Basin Ballpark Co. LLC’s [Person Most Knowledgeable/Qualified (CCP § 2025.230)]) on this Deposition Notice shall designate one or more persons from among its current or former officers, directors, managing agents, employees or agents who are most qualified to testify on its behalf as a "Custodian of Records" empowered and authorized to search for and compile the documents, records, and WRITINGS referred to in the Request for Production at Deposition, served with the Deposition Notice, and to bring those documents, records and WRITINGS to the deposition for the purposes of delivery, production, photocopying, identification, and authentication (pursuant to CCP § 2020.410(c)); and, to testify on behalf of Deponent (i.e., China Basin Ballpark Co, LLC’s [Person Most Knowledgeable/Qualified (CCP § 2025.230)]) concerning the creation, preparation, publication, dissemination, distribution, use and/or maintenance of those WRITINGS and/or matters related to those WRITINGS to the extent of any information known or reasonably available to the Deponent. 4 JUDY RANZER VS. S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO. LLC SAN FRANCISCO CNTY. SUP. CT. NO, GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S.F, GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025,230)] ON FEBRUARY 22, 20171. 3. DESCRIPTION OF MATTERS IN WHICH EXAMINATION IS REQUESTED Plans for traffic control on the streets and sidewalks adjacent to AT&T Park on or about April 7, 2013; . Contracts with law enforcement agencies to provide traffic control on or about April 7, 2013; Contracts with agencies or divisions of the City and County of San Francisco pertaining to traffic and crowd control at AT&T Park in effect on or about April 7, 2013. YOUR rules and regulations for placement of stanchions on the streets and sidewalks adjacent to AT&T Park on or about April 7, 2013; and, All WRITINGS concerning Judy Ranzer, including first aid, health care, photos, and other writings concerning the events and injury sustained on or about April 7, 2013. PERSON(S) MOST QUALIFIED DESIGNATED BY CHINA BASIN BALLPARK CO. LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] California Code of Civil Procedure §2020.230 states: If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event, the deponent shall designate and produce at the deposition those of its officers, directors, managing agents, employees, or 5 JUDY RANZER VS. S.F. GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC SAN FRANCISCO CNTY, SUP. CT, NO, GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S.F, GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017agents who are most qualified to testify on its behalf as to those matters to the extent of any information known or reasonably available to the deponent. Pursuant to California Code of Civil Procedure §2020,230 the Deponent (i.e., China Basin Ballpark Co. LLC’s [Person Most Knowledgeable/Qualified (CCP § 2025.230)]) on this Deposition Notice shall designate one or more persons from among its current or former officers, directors, managing agents, employees or agents who are most qualified to testify on its behalf as a "Person Most Qualified" authorized and empowered to testify on behalf of China Basin Ballpark Co. LLC’s [Person Most Knowledgeable/Qualified (CCP § 2025.230)] regarding the following matters which are known or reasonably available to the Deponent: REQUEST FOR PRODUCTION OF DOCUMENTS AND WRITINGS [AS “WRITINGS” ARE DEFINED IN EVIDENCE CODE § 250] AT DEPOSITION OF CHINA BASIN BALLPARK CO. LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)| YOU (CHINA BASIN BALLPARK CO. LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)]) ARE REQUESTED TO PRODUCE AT YOUR DEPOSITION THE “ORIGINALS”, AS WELL AS ALL “DUPLICATES”, IN YOUR POSSESSION OR CONTROL OF ALL “WRITINGS” AS DESCRIBED AND AS DEFINED BELOW, DEFINITIONS OF TERMS USED IN THIS REQUEST FOR PRODUCTION: 1. "ACCOUNT" shall mean a contract of deposit of funds 6 JUDY RANZER VS. S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO. LLC SAN FRANCISCO CNTY. SUP, CT, NO. GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025,230)] ON FEBRUARY 22, 2017Co em XQ A HW Rw NH RYN YY YY NR NY YN BS ee Be Be we Be Be Be oe AA A FB YH fF SGD eA DHA BW NH HF DS between a depositor and a financial institution, includes a checking account, savings account, certificate of deposit, share account, mutual capital certificate, and other like arrangements. . "ACCOUNT IN AN INSURED CREDIT UNION" means a share account in a credit union, either federally chartered or state licensed, that is insured under Title II of the Federal Credit Union Act (12 U.S.C. Sec. 1781, et seq.). . “ADDRESS” shall mean (a) the street number, street name, city, state or province, country (if other than the United States of America), and zip code, and, (b) the telephone number, including the area code and the country code if outside of the United States of America. . “ALL” or “ANY”: Whenever the word ALL or ANY appears, each includes “any and all.” . “AND” or “OR”: Whenever the word “AND” or “OR” appears, each includes the logical inclusive “and/or.” "BENEFICIARY" means a person to whom a donative transfer of property is made or that person's successor in interest, and: (a) As it relates to the intestate estate of a decedent, means an heir. (b) As it relates to the testate estate of a decedent, means a devisee. (c) As it relates to a trust, means a person who has any present 7 JUDY RANZER VS. S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC SAN FRANCISCO CNTY. SUP. CT. NO, GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S.F, GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017Co YN DA WH PF WY PNM YY YN NN DN BSB Be Bee ee eB Bw eA ADK EBYH F&F SF Cwe AAA RBH HK SS or future interest, vested or contingent. (d) As it relates to a charitable trust, includes any person entitled to enforce the trust. 7. "COMMUNITY PROPERTY" means: (a) Community property heretofore or hereafter acquired during marriage by a married person while domiciled in this state. (b) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired during the marriage by a married person while domiciled elsewhere, that is community property, or a substantially equivalent type of marital property, under the laws of the place where the acquiring spouse was domiciled at the time of its acquisition. (c) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired during the marriage by a married person in exchange for real or personal property, wherever situated, that is community property, or a substantially equivalent type of marital property, under the laws of the place where the acquiring spouse was domiciled at the time the property so exchanged was acquired. 8 JUDY RANZER VS, S.F. GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC SAN FRANCISCO CNTY, SUP. CT. NO. GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S,F. GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025,230)] ON FEBRUARY 22, 2017Coe NY A WH BR WN PRY NY YN NN HN Be ee we we Be Be ee ot BD HW BF YW NY F& SG O0O eI DH FF Ww NH KF CO 8. “COMMUNICATE” or “COMMUNICATED” shall mean the act of making a COMMUNICATION. . “COMMUNICATION” shall mean every manner or means of disclosure, transfer, or exchange of information, whether orally, by WRITING, or in any other manner, and whether face to face, or by telephone, mail, personal delivery, electronic mail, internet, or otherwise. 10. “CONCERN” or “CONCERNING”: The terms CONCERN or CONCERNING as used in this Request for Production of Documents includes referring to, alluding to, relating to, connected with, commenting on, in respect of, about, regarding, discussing, showing, evidencing, describing, mentioning, reflecting, analyzing, and constituting. A WRITING may concern a certain person or subject without that person being the sole or even significant topic of that WRITING. 11. "CONSERVATEE" includes a limited conservatee. 12. "CONSERVATOR!" includes a limited conservator. 13. "FIDUCIARY" means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with CA Probate Code Section 3900) of Division 4), or other legal representative subject to the CA Probate Code. 14, "FINANCIAL INSTITUTION" means a state or national bank, state or federal savings and loan association or credit union, or like 9 JUDY RANZER VS. S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC SAN FRANCISCO CNTY. SUP, CT, NO, GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025,230)] ON FEBRUARY 22, 2017Ce NR A HW eB BN YN YN YN NN DN Se ee Be we we ee He oe ec UDA ARO YH F&F SF DM AA HA RF BW HK DS organization. 15. "HEIR" means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code. 16. “IDENTIFY”: a. When used with respect to a natural person, “IDENTIFY” shall mean to give his or her full name, business ADDRESS and telephone number, present employer, and position or job title; b. When used with respect to a PERSON other than a natural person, “IDENTIFY” shall mean to state its full name, the present or last known ADDRESS of its principal office or place of doing business, and the type of entity (for example, corporation, partnership, governmental entity, or unincorporated association); c. When used with respect to a WRITING, “IDENTIFY” shall mean to identify the writing’s author, signor, sender, addressee, and all recipients; to state the document’s present location, the name and ADDRESS of any PERSON currently having custody or control of it, and any other descriptive information necessary to identify such WRITING sufficiently in a subpoena duces tecum or a request for production; d. When used with respect to a COMMUNICATION other than a WRITING, “IDENTIFY” shall mean to identify the person making the COMMUNICATION, its recipients, and all natural persons who were present at the time the COMMUNICATION was made, and to state the date, place, and subject matter of the COMMUNICATION. 17. "INSTRUMENT" means a will, trust, deed, or other writing that designates a beneficiary or makes a donative transfer of property. 18. "INSURED ACCOUNT IN A FINANCIAL INSTITUTION" means an account in a bank, an account in an insured credit union, and an account in an 10 JUDY RANZER VS, S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO. LLC SAN FRANCISCO CNTY. SUP, CT, NO. GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017insured savings and loan association, to the extent that the account is insured. 19, “INTERESTED PERSON”: (a) Subject to subdivision (b), "interested person" includes any of the following: (1) An heir, devisee, child, spouse, creditor, beneficiary, and any other person having a property right in or claim against a trust estate or the estate of a decedent which may be affected by the proceeding, (2) Any person having priority for appointment as personal representative, (3) A fiduciary representing an interested person. (b) The meaning of "interested person" as it relates to particular persons may vary from time to time and shall be determined according to the particular purposes of, and matter involved in, any proceeding. 20. “MEETING?” shall mean any gathering of two or more PERSONS, whether by chance, prearranged, informal, formal, in connection with some other activity, or otherwise. 21. “PERSON” or “PERSONS” shall include individuals, firms, associations, partnerships, joint ventures, corporations, trusts, organizations, other business or governmental entities, and all combinations of them. 22. “YOU” or “YOUR”: The terms “YOU” or “YOUR?” as used in this Request for Production mean: “YOU” or “YOUR?” refers to the Deponent (China Basin Ballpark Co. LLC’s [Person Most Knowledgeable/Qualified (CCP § 2025.230)]) named on this Notice of Deposition by Oral Examination; if the Deponent named is a natural person, “YOU” or “YOUR?” includes that natural person’s agents, employees, and or counsel; if the Deponent named is an association, organization, partnership, or a public or private corporation, “YOU” or “YOUR” includes that Deponent’s agents, servants, counsel, and/or employees. 1 JUDY RANZER VS, S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC SAN FRANCISCO CNTY, SUP. CT, NO. GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017Co oe IN DA WF WN ww N NY NY YN KN KN See Be Be ee Be eB ea aA A FOS fF SF OD we ADAH BR WP SK Oo If the Deponent is a Custodian of Records, then “YOU” or “YOUR?” includes the agents, servants, employees and/or counsel of the person designated as the Custodian of Records as well as of the organization for whom the Deponent has been designated as Custodian of Records, 23, “WRITINGS”: The term “WRITINGS” includes ORIGINALS and DUPLICATES and has that meaning given by the CALIFORNIA CODE OF EVIDENCE SECTIONS 250, 255 and 260 which read as follows: 250. “WRITING” means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored, 255. “ORIGINAL” means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. An “original” of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an “original.” 260. A “DUPLICATE” is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including 12 JUDY RANZER VS. 8.F. GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC SAN FRANCISCO CNTY. SUP. CT. NO, GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025,230)] ON FEBRUARY 22, 2017oe YN A A Rw NY YP NRNN NY NNN YN B&B Be Be we ee we ew on nN UN FF Ww NY KF OD Oe HI DH FF Ww NY KF OC enlargements and miniatures, or by mechanical or electronic rerecording, or by chemical reproduction, or by other equivalent technique which accurately reproduces the original. TO CHINA BASIN BALLPARK CO, LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025,230)]: PLEASE PRODUCE AT DEPOSITION FOR INSPECTION, PHOTOCOPYING, AND EXAMINATION REGARDING, THE FOLLOWING “WRITINGS”: 1. YOUR Plans for traffic control on the streets and sidewalks adjacent to AT&T Park on or about April 7, 2013; 2. ALL Contracts with law enforcement agencies to provide traffic control on or about April 7, 2013; 3. ALL Contracts with agencies or divisions of the City and County of San Francisco pertaining to traffic and crowd control at AT&T Park in effect on or about April 7, 2013. 4. YOUR rules and regulations for placement of stanchions on the streets and sidewalks adjacent to AT&T Park on or about April 7, 2013; and, 5. All WRITINGS concerning Judy Ranzer, including first aid, health care, photos, and other writings concerning the events and injury sustained on or about April 7, 2013. 13 JUDY RANZER VS, S.F. GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC SAN FRANCISCO CNTY. SUP. CT, NO, GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S.F, GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017oC em YN A HW PF WN Nb N NY N NY = ee RBNRRRBRPEBREREBGERFVWREAREEORS S PROOF OF SERVICE CASE NAME: Judy Ranzer vs. S.F. Giants Enterprises LLC; China Basin Ballpark Co, LLC CASENO.:; SAN FRANCISCO Sup. Ct. Case No. GCG-15-545196 I declare under California’s law of perjury that I am over 18, not a party or interested in this action, work at 35 Miller Avenue, Suite 206, Mill Valley, CA 94941, and on February 6, 2017, at Mill Valley, CA, I served the following document(s): Judy Ranzer’s Notice of Deposition of China Basin Ballpark Co. LLC’s [Person Most Knowledgeable/Qualified (CCP § 2025.230)] XXXX (BY MAIL) I placed copies of the above documents in properly posted envelopes addressed as below, and placed them in the United States mail. Robert James Frassetto (SBN 104435) FRASSETTO LAW LLP 160 Franklin Street, Ste, 200 Oakland, CA 94607 Tel.: 510.817-0466 Fax: 855.556-4321 Counsel for SF Giants Enterprises LLC & China Basin Ballpark Co. LLC @FrassettoLaw.com Service Date: February 6, 2017 By: ft Kilo H.-Gajfett or Jdhn F. Mounier Jr, Courtesy E-Mail copy to Court Reporter: Carol es & Associates John Nygard Scott Nygard Carol Nygard 14 JUDY RANZER VS, S.F. GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC SAN FRANCISCO CNTY, SUP. CT. NO, GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S,F, GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017Ce YN A HW Rw NY Ye YP NNN NNN ND ND Bee ee we ee em oN KH AW FF BW YN KF& OD OD eB DQ DHA FF Ww NH SK SCS John F, Mounier Jr. (SBN 48377] THE MOUNIER LAW FIRM San Francisco & Los Angeles S.F. Northbay (Marin County) 35 Miller Avenue, Suite 206 Mill Valley, CA 94941 Tel.: (415) 967-8361 Attorneys for Judy Ranzer, THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION JUDY RANZER, CASE NUMBER: GCG-15-545196 Plaintiff JUDY RANZER’S NOTICE OF DEPOSITION BY ORAL vs. S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO. LLC Defendants EXAMINATION OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE /QUALIFIED (CCP § 2025.230)] (X)__ WITH PRODUCTION OF RECORDS [C.C.P. §2025.220]; (X) _ WITNESS(S) TO BE DESIGNATED BY ORGANIZATION NAMED AS DEPONENT IN THIS NOTICE [C.C.P. §2025.230]; (.)__ PER SUBPOENA DUCES TECUM [C-C.P. §§1985, ET SEQ., 2020}; (X)_ BY AUDIO TAPE OR VIDEO TAPE [C.C.P. 8§ 2025.330(c) & 2025.340)]; and/or (X) _ RESERVING THE RIGHT TO USE THE VIDEO TAPE AT TRIAL [C.CP. §§ 2025.330(c); 2025.340; & 2025.260]. DEPONENT'S NAME & ADDRESS: S.F, Giants Enterprises LLC’s [Person Most Knowledgeable/Qualified (CCP § 2025.230)] Address: C/o FRASSETTO 1 JUDY RANZER VS, S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC SAN FRANCISCO CNTY. SUP. CT, NO. GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF SF. GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025,230)] ON FEBRUARY 22, 2017Ce IW DAW BR Bw NY bY YY YN NRK KR He eB eee ew eB ew ie eu RK FO BOS fF FSF CeAAARESE HES LAW LLP. 160 Franklin Street, Ste. 200, Oakland, CA 94607 DATE: February 22, 2017 TIME: 11:00 a.m. PLACE; DEPOSITION OFFICER: Carol Nygard & Associates Carol Nygard & Associates 225 Bush Street, Ste. 1830 225 Bush Street, Ste, 1830 San Francisco, CA 94104 San Francisco, CA 94104 415.956-9400 415.956-9400 PLEASE TAKE NOTICE that, in accordance with the California Civil Discovery Act (including CCP §§ 2019.010(a); 2020.010(a); 2025.020 (a)-(c); 2025.210; 2025.010; 2025.310-2025.340; 2025.310(a); 2025.510; and, 2026.010- 2027.010) the Deposition of the Deponent S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)], will be taken under the conditions checked (X) on the caption of and within this NOTICE OF DEPOSITION, including the provisions of any of the paragraphs checked (X) below: () Pursuant to Subpoena Duces Tecum, the Deponent is required to bring the documents requested in the Subpoena Duces Tecum Re Deposition as listed in the Affidavit for Issuance of the Subpoena Duces Tecum, both of which are served on all parties. (X) Pursuant to C.C.P. Section 2025.220 (A)(4), the Deponent (S.F. Giants Enterprises LLC’s [Person Most Knowledgeable/Qualified (CCP § 2025.230)]) is required to produce books, documents, writings, or other things as specified in the attached Request for Production at Deposition; the Deponent (S.F, Giants Enterprises LLC’s [Person Most Knowledgeable/Qualified (CCP § 2025.230)]) will be examined regarding the items specified in the Request for Production at Deposition. (X) Pursuant to C.C.P. Section 2025.230, an Organization (a public or private corporation or partnership or association) named as the Deponent (i.e., S.F. Giants Enterprises LLC’s [Person Most 2 JUDY RANZER VS. S.F. GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC SAN FRANCISCO CNTY, SUP. CT, NO, GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST KKNOWLEDGEABLE/QUALIFIED (CCP § 2025,230)] ON FEBRUARY 22, 2017Knowledgeable/Qualified (CCP § 2025.230)]) shall testify regarding the matters described in the attached Description of Matters on Which Examination is Requested, The Deponent shall designate and produce at the Deposition those of its present or former officers, directors, managing agents, employees, or agents who are most qualified to testify on its behalf‘as to those matters to the extent of any information known or reasonably available to the Deponent. If a Request for Production at Deposition is included in this Notice of Deposition the party, witness, and/or organization named as the Deponent on the Deposition Notice shall designate one or more persons to serve as a "Custodian of Records" authorized and empowered to search for the documents, records, and Writings referred to in the Request for Production at Deposition, served with the Deposition Notice, and to bring those documents, records and Writings to the deposition for the purposes of delivery, production, photocopying, identification, and authentication of the Writings requested, and/or testimony as to those Writings and/or matters related to those Writings to the extent of any information known or reasonably available to the Deponent. The Deposition will be reported by a Certified Shorthand Reporter qualified pursuant to C.C.P. Section 2025.320; and if not completed on the date noticed, the Deposition will be continued from day to day thereafter at the same place, Sundays and holidays excepted, until completed, or at such time and place as is agreeable to the parties noticing this Deposition. NOTICE IS FURTHER GIVEN, pursuant to CCP §§ 2025.330(c) and 2025.340, that Counsel for Judy Ranzer intends to record the testimony at the above- described deposition by videotape in addition to recording this deposition testimony by the stenographic method. Judy Ranzer also reserves the right to use the videotape of the deposition testimony for all purposes authorized by law including trial, arbitration [judicial or binding], mediation and/or any other hearing in this matter [CCP §§ 2025.220, 2025.340(m), 2025.620]. 3 JUDY RANZER VS. S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO. LLC SAN FRANCISCO CNTY. SUP. CT, NO, GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017DATE: February 6, 2017 THE MOUNIER By: John F\.Méunier ‘ounsel for Judy Ranzer DESCRIPTION OF MATTERS it ne EXAMINATION IS REQUES! CUSTODIAN OF RECORDS Pursuant to California Code of Civil Procedure §2020.230 the party and/or organization named as the Deponent (i.c., S.F. Giants Enterprises LLC’s [Person Most Knowledgeable/Qualified (CCP § 2025.230)]) on this Deposition Notice shall designate one or more persons from among its current or former officers, directors, managing agents, employees or agents who are most qualified to testify on its behalf as a "Custodian of Records" empowered and authorized to search for and compile the documents, records, and WRITINGS referred to in the Request for Production at Deposition, served with the Deposition Notice, and to bring those documents, records and WRITINGS to the deposition for the purposes of delivery, production, photocopying, identification, and authentication (pursuant to CCP § 2020.410(c)); and, to testify on behalf of Deponent (i.c., S.F, Giants Enterprises LLC’s [Person Most Knowledgeable/Qualified (CCP § 2025.230)]) concerning the creation, preparation, publication, dissemination, distribution, use and/or maintenance of those WRITINGS and/or matters related to those WRITINGS to the extent of any information known or reasonably available to the Deponent. 4 JUDY RANZER VS. S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC SAN FRANCISCO CNTY. SUP, CT, NO. GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017oem YN DAH PB WN Bw MY NY YN NR KY NY Se Be Be Be Be Be Be Be eo a ao RB ONS fF SF Cwm AA HB BH HE SS DESCRIPTION OF MATTERS IN WHICH EXAMINATION IS REQUESTED . Plans for traffic control on the streets and sidewalks adjacent to AT&T Park on or about April 7, 2013; . Contracts with law enforcement agencies to provide traffic control on or about April 7, 2013; . Contracts with agencies or divisions of the City and County of San Francisco pertaining to traffic and crowd control at AT&T Park in effect on or about April 7, 2013. . YOUR rules and regulations for placement of stanchions on the streets and sidewalks adjacent to AT&T Park on or about April 7, 2013; and, . All WRITINGS concerning Judy Ranzer, including first aid, health care, photos, and other writings concerning the events and injury sustained on or about April 7, 2013. PERSON(S) MOST QUALIFIED DESIGNATED BY S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] California Code of Civil Procedure §2020.230 states: If the deponent named is not a natural person, the deposition notice shall describe with reasonable particularity the matters on which examination is requested. In that event, the deponent shall designate and produce at the deposition those of its officers, directors, managing agents, employees, or 5 JUDY RANZER VS, S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC SAN FRANCISCO CNTY, SUP. CT. NO, GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025,230)] ON FEBRUARY 22, 2017co Oe ON DH BR WN BPN RY YY NRK ND KF Ee Bee we Be Be Be Be eo QUA aA FSS F&F FSF Ce DAA BRB wHH KF SS agents who are most qualified to testify on its behalf as to those matters to the extent of any information known or reasonably available to the deponent, Pursuant to California Code of Civil Procedure §2020.230 the Deponent (i.e., S.F. Giants Enterprises LLC’s [Person Most Knowledgeable/Qualified (CCP § 2025.230)]) on this Deposition Notice shall designate one or more persons from among its current or former officers, directors, managing agents, employees or agents who are most qualified to testify on its behalf as a "Person Most Qualified" authorized and empowered to testify on behalf of S.F. Giants Enterprises LLC’s [Person Most Knowledgeable/Qualified (CCP § 2025.230)] regarding the following matters which are known or reasonably available to the Deponent: REQUEST FOR PRODUCTION OF DOCUMENTS AND WRITINGS [AS “WRITINGS” ARE DEFINED IN EVIDENCE CODE § 250] AT DEPOSITION OF S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025,230)] YOU (S.F. GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)]) ARE REQUESTED TO PRODUCE AT YOUR DEPOSITION THE “ORIGINALS”, AS WELL AS ALL “DUPLICATES”, IN YOUR POSSESSION OR CONTROL OF ALL “WRITINGS” AS DESCRIBED AND AS DEFINED BELOW. DEFINITIONS OF TERMS USED IN THIS REQUEST FOR PRODUCTION: 1, "ACCOUNT" shall mean a contract of deposit of funds 6 JUDY RANZER VS. S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO. LLC SAN FRANCISCO CNTY. SUP. CT, NO, GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF SF. GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017between a depositor and a financial institution, includes a checking account, savings account, certificate of deposit, share account, mutual capital certificate, and other like arrangements. . "ACCOUNT IN AN INSURED CREDIT UNION" means a share account in a credit union, either federally chartered or state licensed, that is insured under Title II of the Federal Credit Union Act (12 U.S.C. Sec, 1781, et seq.). . “ADDRESS” shall mean (a) the street number, street name, city, state or province, country (if other than the United States of America), and zip code; and, (b) the telephone number, including the area code and the country code if outside of the United States of America. . “ALL” or “ANY”: Whenever the word ALL or ANY appears, each includes “any and all,” . “AND” or “OR”: Whenever the word “AND” or “OR” appears, each includes the logical inclusive “and/or.” "BENEFICIARY" means a person to whom a donative transfer of property is made or that person's successor in interest, and: (a) As it relates to the intestate estate of a decedent, means an heir. (b) As it relates to the testate estate of a decedent, means a devisee. (c) As it relates to a trust, means a person who has any present 7 JUDY RANZER VS, S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC SAN FRANCISCO CNTY. SUP, CT, NO. GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S.F, GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017or future interest, vested or contingent. (d) As it relates to a charitable trust, includes any person entitled to enforce the trust. 7,."COMMUNITY PROPERTY" means: (a) Community property heretofore or hereafter acquired during marriage by a married person while domiciled in this state. (b) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired during the marriage by a married person while domiciled elsewhere, that is community property, or a substantially equivalent type of marital property, under the laws of the place where the acquiring spouse was domiciled at the time of its acquisition. (c) All personal property wherever situated, and all real property situated in this state, heretofore or hereafter acquired during the marriage by a married person in exchange for real or personal property, wherever situated, that is community property, or a substantially equivalent type of marital property, under the laws of the place where the acquiring spouse was domiciled at the time the property so exchanged was acquired. 8 JUDY RANZER VS, S.F. GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC SAN FRANCISCO CNTY. SUP. CT, NO. GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S.F, GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017oC em IN DAW PR WN PN YN NY NN NY YD Bee we Be eB Be Be Be eB eI AA KR OH F&F SF BDH ADA AR BW KH HK DO 8. “COMMUNICATE” or “COMMUNICATED” shall mean the act of making a COMMUNICATION. 9. “COMMUNICATION” shall mean every manner or means of disclosure, transfer, or exchange of information, whether orally, by WRITING, or in any other manner, and whether face to face, or by telephone, mail, personal delivery, electronic mail, internet, or otherwise. 10. “CONCERN” or “CONCERNING”: The terms CONCERN or CONCERNING as used in this Request for Production of Documents includes referring to, alluding to, relating to, connected with, commenting on, in respect of, about, regarding, discussing, showing, evidencing, describing, mentioning, reflecting, analyzing, and constituting. A WRITING may concern a certain person or subject without that person being the sole or even significant topic of that WRITING. 11. "CONSERVATEE" includes a limited conservatee. 12. "CONSERVATOR' includes a limited conservator. 13. "FIDUCIARY" means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing with CA Probate Code Section 3900) of Division 4), or other legal representative subject to the CA Probate Code. 14. "FINANCIAL INSTITUTION" means a state or national bank, state or federal savings and loan association or credit union, or like 9 JUDY RANZER VS. S.F. GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC SAN FRANCISCO CNTY, SUP, CT, NO, GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S.F, GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025,230)] ON FEBRUARY 22, 2017oe IN DAW RB WN PNM YY YN NN KN He Be Be Be ee Be Be el AA FOB H F&F SOD HAN DH BR WN YH DS organization. 15, "HEIR" means any person, including the surviving spouse, who is entitled to take property of the decedent by intestate succession under this code. 16. “IDENTIFY”: a. When used with respect to a natural person, “IDENTIFY” shall mean to give his or her full name, business ADDRESS and telephone number, present employer, and position or job title; b, When used with respect to a PERSON other than a natural person, “{DENTIFY” shall mean to state its full name, the present or last known ADDRESS of its principal office or place of doing business, and the type of entity (for example, corporation, partnership, governmental entity, or unincorporated association); c. When used with respect to a WRITING, “IDENTIFY” shall mean to identify the writing’s author, signor, sender, addressee, and all recipients; to state the document’s present location, the name and ADDRESS of any PERSON currently having custody or control of it, and any other descriptive information necessary to identify such WRITING sufficiently in a subpoena duces tecum or a request for production; d. When used with respect to a COMMUNICATION other than a WRITING, “IDENTIFY” shall mean to identify the person making the COMMUNICATION, its recipients, and all natural persons who were present at the time the COMMUNICATION was made, and to state the date, place, and subject matter of the COMMUNICATION. 17. "INSTRUMENT" means a will, trust, deed, or other writing that designates a beneficiary or makes a donative transfer of property. 18. "INSURED ACCOUNT IN A FINANCIAL INSTITUTION" means an account in a bank, an account in an insured credit union, and an account in an 10 JUDY RANZER VS. S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO, LLC SAN FRANCISCO CNTY, SUP. CT, NO. GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S.F, GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017oe YN DH BF WN mw YW YP YY NY NY ND HE Be Be Be Be ee Be Be oa aA A RB OD fF SO we ADA RB WH HF OD insured savings and loan association, to the extent that the account is insured, 19, “INTERESTED PERSON”: (a) Subject to subdivision (b), "interested person" includes any of the following: (1) An heir, devisee, child, spouse, creditor, beneficiary, and any other person having a property right in or claim against a trust estate or the estate of a decedent which may be affected by the proceeding. (2) Any person having priority for appointment as personal representative. (3) A fiduciary representing an interested person. (b) The meaning of "interested person" as it relates to particular persons may vary from time to time and shall be determined according to the particular purposes of, and matter involved in, any proceeding. 20. “MEETING?” shall mean any gathering of two or more PERSONS, whether by chance, pteatranged, informal, formal, in connection with some other activity, or otherwise. 21. “PERSON” or “PERSONS” shall include individuals, firms, associations, partnerships, joint ventures, corporations, trusts, organizations, other business ot governmental entities, and all combinations of them. 22. “YOU” or “YOUR”: The terms “YOU” or “YOUR?” as used in this Request for Production mean: “YOU” or “YOUR?” refers to the Deponent (S.F. Giants Enterprises LLC’s [Person Most Knowledgeable/Qualified (CCP § 2025.230)]) named on this Notice of Deposition by Oral Examination; if the Deponent named is a natural person, “YOU” or “YOUR?” includes that natural person’s agents, employees, and or counsel; if the Deponent named is an association, organization, partnership, or a public or private corporation, “YOU” or “YOUR” includes that Deponent’s agents, servants, counsel, and/or employees. i JUDY RANZER VS. S.F, GIANTS ENTERPRISES LLC; CHINA BASIN BALLPARK CO. LLC SAN FRANCISCO CNTY. SUP. CT. NO, GCG-15-545196 JUDY RANZER’S NOTICE OF DEPO OF S.F, GIANTS ENTERPRISES LLC’S [PERSON MOST KNOWLEDGEABLE/QUALIFIED (CCP § 2025.230)] ON FEBRUARY 22, 2017Ceo YN DA WH PF BW N YY Y YP YW RYN KY NK SF EY Fe Be Be Be Be Be eB ou AA KR ONS fF SBD we IA DH BW NH SF SS If the Deponent is a Custodian of Records, then “YOU” or “YOUR?” includes the agents, servants, employees and/or counsel of the person designated as the Custodian of Records as well as of the organization for whom the Deponent has been designated as Custodian of Records, 23. “WRITINGS”: The term “WRITINGS” includes ORIGINALS and DUPLICATES and has that meaning given by the CALIFORNIA CODE OF EVIDENCE SECTIONS 250, 255 and 260 which read as follows: 250. “WRITING” means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. 255, “ORIGINAL” means the writing itself or any counterpart intended to have the same effect by a person executing or issuing it. An “original” of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an “original.” 260. A “DUPLICATE?” is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including 12 JUDY RANZER VS. S.F. GIAN