Preview
20CV362866
Santa Clara — Civil
A. Nakamoto
Electronically Filed
FUZU LI by Superior Court of CA,
P.O. Box 10105 County of Santa Clara,
San Jose, CA 95157-1105 on 7/21/2020 10:11 PM
Phone Number: (909)263-7678 Reviewed By: A. Nakamoto
Email: lifuzu@gmail.com
Case #20CV362866
FUZU LI, IN PRO PER Envelope: 4637183
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
ee
11
Case No.: 20CV362866
Fuzu Li, an individual,
ae
Unlimited Civil
Plaintiff,
13
PLAINTIFF FUZU LI’S REQUEST FOR
a PRODUCTION OF DOCUMENT OR THINGS
14 SAC Attorneys LLP, a California Limited TO DEFENDANT JINGMING CAT
Liability Partnership;
SET ONE (1)
15 Jingming Cai, an individual;
DOES 1 through X, inclusive; and ROE Business
16
Entities I through X, inclusive,
17
Defendants
18
19
20
ae
PROPOUNDING PARTY: FUZU LI
22
RESPONDING PARTY: JINGMING CAI
23
SET NUMBER: ONE (1)
24
PLEASE TAKE NOTICE that pursuant to Code of Civil Procedure sections 708.010 et seq. and
25
2031.210 et seq., Plaintiff hereby requests Defendant Jingming Cai file within thirty-one (31) calendar
26
days a written response to requests on the following documents and to produce those documents for
ae
inspection and copying within thirty-one (31) calendar days of service of this request at 5255 Stevens
28
Creek Blvd, Santa Clara, CA 95051.
T
PLAINTIFF FUZU LI’S REQUEST FOR PRODUCTION OF DOCUMENT OR THINGS TO DEFENDANT JINGMING
CAI- SET ONE (1)
Your written response shall state with respect to each item or category, that inspection-related
activities will be permitted as requested, unless the request is refused, in which event the reasons
for refusal shall be stated. If the refusal relates to part of an item or category, that part shall be
specified.
In accordance, the documents shall be produced as they are covered in the usual course of
business or you shall organize and label them to correspond with the categories in the request.
These requests shall encompass all items within your possession, custody, or control.
These requests are continuing in character so as to require you to promptly amend or supplement
your response if you obtain further material information.
ee If in responding to these requests you encounter any ambiguity in construing any request,
11 instruction, or definition, set forth the matter deemed ambiguous in the construction used, in
ae responding.
13 If you object to the production of any document on the ground of the attorney-client privilege,
14 work product doctrine, or any other privilege or doctrine, you are requested to prepare and
15 provide a privilege log that identifies each document for which the privilege or doctrine is
16 claimed, and which gives the following information:
17 (a) the names of the writer, sender, or initiator of each copy of the document or
18 communications;
19 (b) the name of the recipient, addressee, or party to whom any copy of the document or
20 communications was sent;
ae () the date of each copy of the document or communications, if any, or an estimate of its
22 date;
23 (d) a non-privileged description of the contents of the document or communications; and
24 (e) a statement of the basis for the claim of privilege.
25 DEFINITIONS
26 As used in these requests, the following terms are to be interpreted in accordance with these
ae definitions:
28
a
PLAINTIFF FUZU LI’S REQUEST FOR PRODUCTION OF DOCUMENT OR THINGS TO DEFENDANT JINGMING
CAI
- SET ONE (1)
1 The terms “person” or “persons” means any natural person, firm, entity, corporation,
partnership, proprietorship, association, joint venture, other forms of business organization or
arrangement, and/or government or government agency of any nature of type.
2. The terms “you” or “your” include the persons to whom these requests are addressed, and
all that person's agents, representatives, or attorneys. The term “your firm” means SAC Attorneys LLP.
3 The terms “any” and “all” mean “any and all”.
4 The singular of any term includes the plural, and plural of any term includes the singular.
5 The terms “and” and “o: shall be construed conjunctively or disjunctively as necessary
to make the document request inclusive rather than exclusive; the singular includes the plural and the
ee plural includes the singular; the use of a verb in any tense shall be construed as the use of the verb in all
11 other tenses whenever necessary to bring within the scope of the document request that which otherwise
ae might be construed outside its scope.
13 6 The term “document” has the same meaning as the definition of writings, recordings, and
14 photographs in Section 250 of the California Evidence Code and includes all written and graphic matter,
15 however produced and reproduced, of any kind or description, whether sent or received or neither,
16 including originals, non-identical copies, and drafts, and both sides thereof, including but not limited to:
17 bank statements, statements of accounts, bank records, letters, correspondence, memoranda, contracts,
18 agreements, books, journals, ledgers, statements, reports, billings, invoices, worksheets, jottings, notes,
19 audits, charges, balance sheets, checks diagrams, diaries, calendar logs, facsimile transmissions, wires,
20 computer files stored by any means, computer printouts, and electronic messages in any digital or
ae electronic format, including emails, chat messages, text messages, tweets, internet chatroom posts and
22 all other informal or formal writing or tangible things on which any handwriting, typing, printing, video
23 or sound is recorded or reproduced, and any and all amendments or supplements to all of the foregoing,
24 whether prepared by you or another person.
25 7 The term “document” also means originals and copies of all of the above upon which
26 notations in writing, print, or otherwise have been made, which do not appear on the originals. The
ae definition covers all documents in your possession, custody, or control, regardless of their location,
28 including all copies of such documents, the contents of which differ in any respect from the original.
3
PLAINTIFF FUZU LI’S REQUEST FOR PRODUCTION OF DOCUMENT OR THINGS TO DEFENDANT JINGMING
CAI
- SET ONE (1)
8 This definition further includes all documents that you have stored in and/or have access
to or through any cloud-based internet application, including but not limited to Facebook, Dropbox,
Twitter, Google Docs, Gmail, Apple iCloud, AT&T, T-Mobile, Verizon, Sprint, Tencent Wechat, and
Tencent QQ.
9. The terms “communication” “communications” includes but is not limited to the
following: (a) any written letter, memorandum, or other documents of any kind transmitted from one
person to another person by hand, mail, courier, other delivery services, telecopy, facsimile, telegraph,
electronic mail, voicemail, or any other means; (b) any telephone call, whether or not such call was by
chance or prearranged, formal or informal; and (c) any conversation or meeting between two or more
ee persons, whether or not such contact was by chance or prearranged, formal or informal.
11 REQUESTS FOR PRODUCTION PURSUANT TO CODE CIV. PROC. 708.030
ae DOCUMENT REQUEST NO. 1:
13 A list of cases including or related with any anti-SLAPP motion that you or any person in your
14 firm has been involved in for the last 5 years.
15 DOCUMENT REQUEST NO. 2:
16 All communications and documents between you or any person in your firm, and Mr. Jigang Jin
17 for the last 5 years.
18 DOCUMENT REQUEST NO. 3:
19 All books, calendars, diaries, day timers, computer generated case management software
20 information, or other similar compilations maintained for business or professional reasons from March
ae 18, 2019 until the present which contains any and all references to the legal representation of the
22 Plaintiff.
23 DOCUMENT REQUEST NO. 4:
24 All documents or records related to you or your firms’ legal representation of the Plaintiff
25 including, but not limited to, retainer agreements, employment contracts, file notes, correspondence,
26 memoranda, pleadings, e-mails, etc.
ae DOCUMENT REQUEST NO. 5:
28
q
PLAINTIFF FUZU LI’S REQUEST FOR PRODUCTION OF DOCUMENT OR THINGS TO DEFENDANT JINGMING
CAI
- SET ONE (1)
1 All documents, meeting minutes, correspondence, or inter office memoranda concerning the
facts, matters, circumstances, or allegations of the underlying claims included in the Complaint in the
instant action.
DOCUMENT REQUEST NO. 6:
Each document evidencing any expenses you or your firm incurred on behalf of the Plaintiff.
DOCUMENT REQUEST NO. 7:
Each document or draft of a document representing all pleadings, motions, or discovery you or
your firm prepared and/or filed on the Plaintiff's behalf.
DOCUMENT REQUEST NO. 8:
ee Each document evidencing all attorney time expended by you or your firm on behalf of the
11 Plaintiff.
ae DOCUMENT REQUEST NO. 9:
13 Each document reflecting any telephone conversations or telephone messages, notes, email, and
14 all forms of informal communication, or notations made by, for or between you, your firm and Plaintiff,
15 Plaintiff's wife, or anyone else relative to you or your firms’ legal representation of Plaintiff.
16 DOCUMENT REQUEST NO. 10:
17 Any documents evidencing any communication with you and your firm or any other attorney,
18 witness, or potential witness or other parties relative to you or your firm’s legal representation of the
19 Plaintiff.
20 DOCUMENT REQUEST NO. 11:
ae Each publication or paper that was written or worked on by Mr. Seth Wiener, whom you called
22 as an expert witness during the arbitration hearing, and which refers or relates to the opinions and
23 subjects on which the witness is expected to testify.
24 Mil
\
25 Dated: July 21, 2020
26
ae
FUZU LT
Plaintiff FT
28
5
PLAINTIFF FUZU LI’S REQUEST FOR PRODUCTION OF DOCUMENT OR THINGS TO DEFENDANT JINGMING
CAI
- SET ONE (1)
Preview
20CV362866 Santa Clara — Civil A. Nakamoto Electronically Filed FUZU LI by Superior Court of CA, P.O. Box 10105 County of Santa Clara, San Jose, CA 95157-1105 on 7/21/2020 10:11 PM Phone Number: (909)263-7678 Reviewed By: A. Nakamoto Email: lifuzu@gmail.com Case #20CV362866 FUZU LI, IN PRO PER Envelope: 4637183 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA ee 11 Case No.: 20CV362866 Fuzu Li, an individual, ae Unlimited Civil Plaintiff, 13 PLAINTIFF FUZU LI’S REQUEST FOR a PRODUCTION OF DOCUMENT OR THINGS 14 SAC Attorneys LLP, a California Limited TO DEFENDANT JINGMING CAT Liability Partnership; SET ONE (1) 15 Jingming Cai, an individual; DOES 1 through X, inclusive; and ROE Business 16 Entities I through X, inclusive, 17 Defendants 18 19 20 ae PROPOUNDING PARTY: FUZU LI 22 RESPONDING PARTY: JINGMING CAI 23 SET NUMBER: ONE (1) 24 PLEASE TAKE NOTICE that pursuant to Code of Civil Procedure sections 708.010 et seq. and 25 2031.210 et seq., Plaintiff hereby requests Defendant Jingming Cai file within thirty-one (31) calendar 26 days a written response to requests on the following documents and to produce those documents for ae inspection and copying within thirty-one (31) calendar days of service of this request at 5255 Stevens 28 Creek Blvd, Santa Clara, CA 95051. T PLAINTIFF FUZU LI’S REQUEST FOR PRODUCTION OF DOCUMENT OR THINGS TO DEFENDANT JINGMING CAI- SET ONE (1) Your written response shall state with respect to each item or category, that inspection-related activities will be permitted as requested, unless the request is refused, in which event the reasons for refusal shall be stated. If the refusal relates to part of an item or category, that part shall be specified. In accordance, the documents shall be produced as they are covered in the usual course of business or you shall organize and label them to correspond with the categories in the request. These requests shall encompass all items within your possession, custody, or control. These requests are continuing in character so as to require you to promptly amend or supplement your response if you obtain further material information. ee If in responding to these requests you encounter any ambiguity in construing any request, 11 instruction, or definition, set forth the matter deemed ambiguous in the construction used, in ae responding. 13 If you object to the production of any document on the ground of the attorney-client privilege, 14 work product doctrine, or any other privilege or doctrine, you are requested to prepare and 15 provide a privilege log that identifies each document for which the privilege or doctrine is 16 claimed, and which gives the following information: 17 (a) the names of the writer, sender, or initiator of each copy of the document or 18 communications; 19 (b) the name of the recipient, addressee, or party to whom any copy of the document or 20 communications was sent; ae () the date of each copy of the document or communications, if any, or an estimate of its 22 date; 23 (d) a non-privileged description of the contents of the document or communications; and 24 (e) a statement of the basis for the claim of privilege. 25 DEFINITIONS 26 As used in these requests, the following terms are to be interpreted in accordance with these ae definitions: 28 a PLAINTIFF FUZU LI’S REQUEST FOR PRODUCTION OF DOCUMENT OR THINGS TO DEFENDANT JINGMING CAI - SET ONE (1) 1 The terms “person” or “persons” means any natural person, firm, entity, corporation, partnership, proprietorship, association, joint venture, other forms of business organization or arrangement, and/or government or government agency of any nature of type. 2. The terms “you” or “your” include the persons to whom these requests are addressed, and all that person's agents, representatives, or attorneys. The term “your firm” means SAC Attorneys LLP. 3 The terms “any” and “all” mean “any and all”. 4 The singular of any term includes the plural, and plural of any term includes the singular. 5 The terms “and” and “o: shall be construed conjunctively or disjunctively as necessary to make the document request inclusive rather than exclusive; the singular includes the plural and the ee plural includes the singular; the use of a verb in any tense shall be construed as the use of the verb in all 11 other tenses whenever necessary to bring within the scope of the document request that which otherwise ae might be construed outside its scope. 13 6 The term “document” has the same meaning as the definition of writings, recordings, and 14 photographs in Section 250 of the California Evidence Code and includes all written and graphic matter, 15 however produced and reproduced, of any kind or description, whether sent or received or neither, 16 including originals, non-identical copies, and drafts, and both sides thereof, including but not limited to: 17 bank statements, statements of accounts, bank records, letters, correspondence, memoranda, contracts, 18 agreements, books, journals, ledgers, statements, reports, billings, invoices, worksheets, jottings, notes, 19 audits, charges, balance sheets, checks diagrams, diaries, calendar logs, facsimile transmissions, wires, 20 computer files stored by any means, computer printouts, and electronic messages in any digital or ae electronic format, including emails, chat messages, text messages, tweets, internet chatroom posts and 22 all other informal or formal writing or tangible things on which any handwriting, typing, printing, video 23 or sound is recorded or reproduced, and any and all amendments or supplements to all of the foregoing, 24 whether prepared by you or another person. 25 7 The term “document” also means originals and copies of all of the above upon which 26 notations in writing, print, or otherwise have been made, which do not appear on the originals. The ae definition covers all documents in your possession, custody, or control, regardless of their location, 28 including all copies of such documents, the contents of which differ in any respect from the original. 3 PLAINTIFF FUZU LI’S REQUEST FOR PRODUCTION OF DOCUMENT OR THINGS TO DEFENDANT JINGMING CAI - SET ONE (1) 8 This definition further includes all documents that you have stored in and/or have access to or through any cloud-based internet application, including but not limited to Facebook, Dropbox, Twitter, Google Docs, Gmail, Apple iCloud, AT&T, T-Mobile, Verizon, Sprint, Tencent Wechat, and Tencent QQ. 9. The terms “communication” “communications” includes but is not limited to the following: (a) any written letter, memorandum, or other documents of any kind transmitted from one person to another person by hand, mail, courier, other delivery services, telecopy, facsimile, telegraph, electronic mail, voicemail, or any other means; (b) any telephone call, whether or not such call was by chance or prearranged, formal or informal; and (c) any conversation or meeting between two or more ee persons, whether or not such contact was by chance or prearranged, formal or informal. 11 REQUESTS FOR PRODUCTION PURSUANT TO CODE CIV. PROC. 708.030 ae DOCUMENT REQUEST NO. 1: 13 A list of cases including or related with any anti-SLAPP motion that you or any person in your 14 firm has been involved in for the last 5 years. 15 DOCUMENT REQUEST NO. 2: 16 All communications and documents between you or any person in your firm, and Mr. Jigang Jin 17 for the last 5 years. 18 DOCUMENT REQUEST NO. 3: 19 All books, calendars, diaries, day timers, computer generated case management software 20 information, or other similar compilations maintained for business or professional reasons from March ae 18, 2019 until the present which contains any and all references to the legal representation of the 22 Plaintiff. 23 DOCUMENT REQUEST NO. 4: 24 All documents or records related to you or your firms’ legal representation of the Plaintiff 25 including, but not limited to, retainer agreements, employment contracts, file notes, correspondence, 26 memoranda, pleadings, e-mails, etc. ae DOCUMENT REQUEST NO. 5: 28 q PLAINTIFF FUZU LI’S REQUEST FOR PRODUCTION OF DOCUMENT OR THINGS TO DEFENDANT JINGMING CAI - SET ONE (1) 1 All documents, meeting minutes, correspondence, or inter office memoranda concerning the facts, matters, circumstances, or allegations of the underlying claims included in the Complaint in the instant action. DOCUMENT REQUEST NO. 6: Each document evidencing any expenses you or your firm incurred on behalf of the Plaintiff. DOCUMENT REQUEST NO. 7: Each document or draft of a document representing all pleadings, motions, or discovery you or your firm prepared and/or filed on the Plaintiff's behalf. DOCUMENT REQUEST NO. 8: ee Each document evidencing all attorney time expended by you or your firm on behalf of the 11 Plaintiff. ae DOCUMENT REQUEST NO. 9: 13 Each document reflecting any telephone conversations or telephone messages, notes, email, and 14 all forms of informal communication, or notations made by, for or between you, your firm and Plaintiff, 15 Plaintiff's wife, or anyone else relative to you or your firms’ legal representation of Plaintiff. 16 DOCUMENT REQUEST NO. 10: 17 Any documents evidencing any communication with you and your firm or any other attorney, 18 witness, or potential witness or other parties relative to you or your firm’s legal representation of the 19 Plaintiff. 20 DOCUMENT REQUEST NO. 11: ae Each publication or paper that was written or worked on by Mr. Seth Wiener, whom you called 22 as an expert witness during the arbitration hearing, and which refers or relates to the opinions and 23 subjects on which the witness is expected to testify. 24 Mil \ 25 Dated: July 21, 2020 26 ae FUZU LT Plaintiff FT 28 5 PLAINTIFF FUZU LI’S REQUEST FOR PRODUCTION OF DOCUMENT OR THINGS TO DEFENDANT JINGMING CAI - SET ONE (1)