Preview
Electronically
of Calon ty of San Matec
10/18;
By. {s| Jennifer Tannous
MICHAEL S. DANKO, ESQ. SBN 111359
mdanko. dankolaw.com
KYOUNGHWA K. LEE, ESQ. SBN 304634
klee@dankolaw.com
DANKO MEREDITH
333 Twin Dolphin Drive, Suite 145
Redwood Shores, CA 94065
Telephone: (650) 453-3600
Facsimile: (650) 394-8672
Attorneys for Plaintiffs
BRYAN TRUJILLO and CINDY TRUJILLO
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 IN AND FOR THE COUNTY OF SAN MATEO
ll UNLIMITED CIVIL JURISDICTION
12 BRYAN TRUJILLO and CINDY TRUJILLO, Case No. 18CIV01901
13 Plaintiffs, DECLARATION OF KYOUNGHWA LEE IN
SUPPORT OF PLAINTIFFS’ MOTION TO
14 ¥. QUASH SUBPOENA FOR BUSINESS
RECORDS TO FORENSIC ANALYTICAL
15 STEPHEN MAGEE, SAC AERO FLYING CONSULTING SERVICES, INC. (FACS)
CLUB, INC., AND DOES 1 - 50,
16
Defendants Date: December 4, 2019
17 Time: 9:00 a.m.
Dept.: Law and Motion
18
ALLIED PROPERTY AND CASUALTY
19 INSURANCE COMPANY; AMCO INSURANCE Complaint filed: April 17, 2018
COMPANY, Trial Date: November 4, 2019
20
Plaintiffs-in-Intervention,
21
vs.
22
STEPHEN MAGEE, SAC AERO FLYING
23 CLUB, INC.; AND DOES 1-20,
24 Defendants.
25
26 I, Kyounghwa K. Lee, declare:
27 1 I am an attorney at law duly admitted to practice law before all the courts of the State of
28 California and I am an attorney with Danko Meredith, attorneys of record for Plaintiffs Bryan Trujillo
1
DECLARATION OF KYOUNGHWA LEE IN SUPPORT OF PLAINTIFFS’ MOTION TO QUASH SUBPOENA FOR
BUSINESS RECORDS TO FORENSIC ANALYTICAL CONSULTING SERVICES, INC. (FACS)
and Cindy Trujillo. If called, I could and would testify from my personal knowledge as follows, under
penalty of perjury.
2 Thad the subpoena at issue retrieved from the firm’s file in this matter. A true and
correct copy of the subpoena is attached hereto as Exhibit A.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
')
true and correct. Executed on October 17, 2019 at Redwood Shores, California.
fs
10 Kyounghwa K.(f°
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——
DECLARATION OF KYOUNGHWA LEE IN SUPPORT OF PLAINTIFFS’ MOTION TO QUASH SUBPOENA FOR
BUSINESS RECORDS TO FORENSIC ANALYTICAL CONSULTING SERVICES, INC. (FACS)
Exhibit A
SUBP-010
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, slate bar number, and address): ‘FOR COURT USE ONLY
GARRY L. MONTANARI, ESQ., SBN 89790
MICHAELIS, MONTANARI & JOHNSON
4333 Park Terrace Drive, Suite 110
Westlake Village, CA 91361
TELEPHONE NO.: (818) 865-0444 FAX NO (optinay: (818) 865-8444
E-MAIL ADDRESS:
ATTORNEY FOR (Name): SAC AERO, et al.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO.
STREET adores: 400 County Center
ciTy AND ziP cove: Redwood City, CA 94063
BRANCH NAME: SOUTHERN BRANCH
PLAINTIFF TRUJILLO, et al.
PETITIONER:
DEFENDANT : SAC AERO, et al.
RESPONDENT:
DEPOSITION SUBPOENA ‘CASE NUMBER:
FOR PRODUCTION OF BUSINESS RECORDS 18CIVO1901
P: (510) 266-4600
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known):
Custodian of Records for: FORENSIC ANALYTICAL CONSULTING SERVICES, INC. c/o C T
CORPORATION, 818 West Seventh Street, Suite 930, Los Angeles, CA 90017
1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3, as follows:
To (name of deposition officer): First Legal Records
On (date): October 22, 2019 At (time): 10:00 AM
Location (address): 1511 Beverly Blvd, Los Angeles, CA 90026, (877) 591-9979
Do not release the requested records to the deposition officer prior to the date and time stated above.
a. O by delivering a true, legible and durable copy of the business records described in item 3, enclosed in a sealed inner wrapper
with the title and number of the action, name of witness, and date of subpoena clearly written on it. The inner wrapper shall
then be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposition officer at the address in item 1.
ol] by delivering a true, legible and durable copy of the business records described in item 3 to the deposition officer at the
witness's address, on receipt of payment in cash or by check of the reasonable costs of preparing the copy, as determined
under Evidence Code Section 1563(b).
attbusiness
making the original business records described in item 3 available for inspection at your business address by the
lorney's representative and permitting copying at your business address under reasonable conditions during normal
hours.
The records are fo be produced by the date and time shown in item 1 (but not sooner than 20 days after the issuance of the
deposition subpoena, or 15 days after service, whichever date is later). Reasonable costs of locating records, making them
available or copying them, and postage, if any, are recoverable as set forth in Evidence Code Section 1563(b). The records shall be
accompanied by an affidavit of the custodian or other qualified witness pursuant to Evidence Code Section 1561.
The records to be produced are described as follows (if electronically stored information is demanded, the form or
forms in which each type of information is to be produced may be specified):
SEE ATTACHMENT 3
Continued on Attachment 3.
4 IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF
CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON A
OURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED
BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE
FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY.
Date issued: October 02, 2019
GARRY L. MONTANARI, ESQ. > Js] GARRY L. MONTANARI, ESQ.
(TYPE OR PRINT NAME) (SIGNATURE OF PERSON ISSUING SUBPOENA)
Attorney for: DEFENDANT
(rimuey
(Proof of service on page two) Page 1 of 2
Form Adopted for Mandatory Use DEPOSITION SUBPOENA FOR PRODUCTION Code of Ci Procedure, §§ 2020.410.2020.440,
‘Judicial Council of Califomia rrmentCode § 68097.1
‘SUBP-010 [Rev. January 1, 2012] OF BUSINESS RECORDS wiw.couts.ca.gov
99705.01/CPROOF 105
SUBP-010
PLAINTIFF/PETITIONER: TRUJILLO, et al, CASE NUMBER:
DEFENDANTIRESPONDENT: SAC AERO, et al. 18C1V01901
PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR
PRODUCTION OF BUSINESS RECORDS
1. I served this Deposition Subpoena for Production of Business Records by personally delivering a copy to the person served as
follows:
a. Person served (name):
b, Address where served:
c. Date of delivery:
d. Time of delivery:
e. (1) [__] Witness fees were paid.
Amount: 8. 00
(2) Copying fees were paid.
Amount: $ 00
f. Fee for service: $ 00
2. I received this subpoena for service on (date):
Person serving:
a, Not a registered California process server.
b. LJ California sheriff, marshall, or constable.
©. Registered California process server.
d, Employee or independent contractor of a registered California process server.
e, . Exempt from registration under Bus. & Prof. Code section 22350(b).
f. [_] Registered professional photocopier.
9. Exempt from registration under Bus. & Prof. Code section 22451.
Name, address, and telephone number and, if applicable, county of registration and number:
Registration No.:
Exp. Date:
County:
| declare under penalty of perjury under the laws of the State of (For California sheriff or marshal use only)
California that the foregoing is true and correct. I certify that the foregoing is true and correct.
Date: Date:
> >
SUBP-010 [Rev. January 1, 2012) PROOF OF SERVICE Page 2 of 2
DEPOSITION SUBPOENA FOR PRODUCTION '99705-01/CPROOF
105
OF BUSINESS RECORDS
ATTACHMENT 3
i, Your entire file for FACS Project No. PJ38209.
2, All documents concerning environmental testing and assessments for property owned
by Bryan and Cindy Trujillo located at 1065 Park Way, Moss Beach, CA 94038 (the “Site”).
3 All correspondence with Bryan and Cindy Trujillo including but not limited to the letter
of re-occupancy dated on or about January 15, 2019.
4. All documents pertaining to Site visits and assessment including but not limited to Site
photographs;
5. All laboratory reports for the Site.
6, All boring logs for the Site.
7. All reports concerning the Site.
SUBP-025
ATTORNEY OR PARTY WITHOUT ATTORNEY (Nama, siate bar number, and address): FOR COURT USE ONLY
GARRY L, MONTANARI, ESQ., SBN 89790
MICHAELIS, MONTANARI & JOHNSON
4333 Park Terrace Drive, Suite 110
Westlake Village, CA 91361
‘TELEPHONE NO.: (818) 865-0444 FAX NO.(optional): (818) 865-8444
E-MAIL ADDRESS:
ATTORNEY FOR (tame): SAC AERO, et al.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN MATEO.
STREET ADoREss: 400 County Center
CITY AND zIP Cope: Redwood City, CA 94063
BRANCH NAME: SOUTHERN BRANCH
PLAINTIFF? TRUJILLO, et al.
PETITIONER:
DEFENDANT SAC AERO, et al.
RESPONDENT:
NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION CASE NUMBER:
(Code Civ. Proc.,§§ 1985.3, 1985.6) 18CIV01901
NOTICE TO CONSUMER OR EMPLOYEE
TO (name): BRYAN AND CINDY TRUIJILLO and/or Attorney of Record
1 PLEASE TAKE NOTICE THAT REQUESTING PARTY (name): SAC AERO, et al.
SEEKS YOUR RECORDS FOR EXAMINATION by the parties to this action on (specify date): October 22, 2019
The records are described in the subpoena directed to witness (specify name, address of person or entity from whom records are sought):
Custodian of Records for: FORENSIC ANALYTICAL CONSULTING SERVICES, INC. c/o C T CORPORATION, 818
West Seventh Street, Suite 930, Los Angeles, CA 90017
A copy of the subpoena is attached.
IF YOU OF BuEcr: to the production of these records, YOU MUST DO ONE OF THE FOLLOWING BEFORE THE DATE SPECIFIED INITEM a.
OR b. BEI L(
a. Ifyou are a party to the above-entiltled action, you must file a motion pursuant to Code of Civil Procedure section 1987.1 to quash or modify the
subpoena and give notice of that motion to the witness and the deposition officer named in the subpoena at least five days before the date
set for the production of the records.
Ifyou are not a party to this action, you must serve on the requesting party and on the witness, before the date set for production of the
records, a written objection that states the specific grounds on which production of such records she jould be prohibited. You may use the form
below to object and state the grounds for your objection. You mus! t complete the Proof of Service on the reverse side indicating whether you
personally
served or mailed the objection. The objection should not be filed with the court. WARNING: IF YOUR OBJECTION IS NOT
BEGEIVED BEFORE THE DATE SPECIFIED IN ITEM 1, YOUR RECORDS MAY BE PRODUCED AND MAY BE AVAILABLE TO ALL
YOU OR YOUR ATTORNEY MAY CONTACT THE UNDERSI( IGNED to determine whether an agreement can be reached in writing to cancel or
limit the scope of the subpoena. Ifno such agreement is react shed, and if yor 1u are not otherwise represented by an attorney in this action, YOU
SHOULD CONSULT AN ATTORNEY TO ADVISE YOU OF YOUR RIGH ‘S OF PRIVACY.
Date: October 02, 2019
GARRY L. MONTANARI, ESQ. > /s/ GARRY L. MONTANARI, ESQ.
(TYPE OR PRINT NAME)
cstonarure
oF L_] reauestine parry [xx! arrorey
OBJECTION BY NON-PARTY TO PRODUCTION OF RECORDS
[J tobject to the production of all of my records specified in the subpoena.
| object only to the production of the following specified records:
The specific grounds for my objection are as follows:
Date:
(IYPE OR PRINT NAME)
> (SIGNATURE)
(See next page fr prot
o service) Page 1 of 2
Form Adopted for Mandatory Uso ‘Code of Chil Procedure,
Judicial Council of California NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION §91985.3, 19856,
‘SUBP.025 [Rev. January 1, 2008} 2020,010-2020.510
‘99705-0VCPROOF1S
SUBP-025
PLAINTIFFIPETITIONER: TRUJILLO, et al. CASE NUMBER:
DEFENDANTIRESPONDENT: SAC AERO, et al, 18civo1s01
PROOF OF SERVICE OF NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION
(Code Civ. Proc.,§§ 1985.3, 1985.6)
Personal Service [_] Mail
1. At the time of service | was at least 18 years of age and nota party to this legal action.
2. I served a copy of the Notice to Consumer or Employee and Objection as follows (check either a or b):
a.L_] Personal service.| personally delivered the Notice fo Consumer or Employee and Objection as follows:
(1) Name of person served: (3) Date served:
(2) Address: (4) Time served:
».[_] mai.t deposited the Notice to Consumer or Employee and Objection in the United States mail in a sealed envelope with
postage fully prepaid. The envelope was addressed as follows:
(1) Name of person served: (3) Date of mailing:
(2) Address: (4) Place of mailing:
(5) 1am a resident of or employed in the county where the Notice to Consumer or Employee and Objection was mailed.
c. My residence or business address is (specify):
d. My phone number is (specify):
| declare under penalty of perjury under the laws of the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME OF PERSON WHO SERVED) (SIGNATURE OF PERSON WHO SERVED)
PROOF OF SERVICE OF OBJECTION TO PRODUCTION OF RECORDS.
(Code of Civ. Proc.,§§ 1985.3, 1985.6)
Personal Service Mail
- Atthe time of service | was at least 18 years of age and not a party to this legal action,
2. [served a copy of the Objection to Production of Records as follow (complete either a or b):
a. ON THE REQUESTING PARTY
(1)_] Personal service. personally delivered the Objection to Production of Records as follows:
(i) Name of person served: (i) Date served:
(ii) Address where served: (iv) Time served:
(2) Mail.| deposited the Objection to Production of Records in the United States mail, in a sealed envelope with postage fully
prepaid. The envelope was addressed as follows:
(i) Name of person served: (i) Date of mail
(il) Address: (iv) Place of mailing (city and state:
(v) | am resident of or employed in the county where the Objection to Production of Records was mailed.
b. ON THE WITNESS:
(1) Personal service.| personally delivered the Objection to Production of Records as follows:
() Name of person served: (ii) Date served:
(ii) Address where served: (iv) Time served:
at Mail. | deposited the Objection to Production of Records in the United States mail, in a sealed envelope with postage fully
prepaid. The envelope was addressed as follows:
(i) Name of person served: (ii) Date of mailing:
(ii) Address: (iv) Place of mailing (city and state):
(v) Lam a resident of or employed in the county where the Objection to Production of Records was mailed.
3. My residence or business address is (specify):
4. My phone number is (specify):
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME OF PERSON WHO SERVED)
>
(SIGNATURE OF PERSON WHO SERVED)
Page 2 of 2
‘SUBP-025 (Rev. January 1, 2008] NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION 16503426100
'$9705-01ICPROOF168
SUBP-025
PLAINTIFFIPETITIONER: TRUJILLO, et al. CASE NUMBER:
DEFENDANTIRESPONDENT: SAC AERO, et al, 18C1V01901
PROOF OF SERVICE OF NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION
(Code Civ. Proc.,§§ 1985.3, 1985.6)
Personal Service [_] Mail
- Atthe time of service | was at least 18 years of age and not a party to this legal action.
2. I served a copy of the Notice to Consumer or Employee and Objection as follows (check eithera or b):
a. Personal service.| personally delivered the Notice to Consumer
or Employee and Objection as follows:
(1) Name of person served: (3) Date served:
(2) Address: (4) Time served:
b.[__] mail. deposited the Notice to Consumer or Employee and Objection in the United States mail, in a sealed envelope with
postage fully prepaid. The envelope was addressed as follows:
(1) Name of person served: (3) Date of m ing:
(2) Address: (4) Place of mailing:
(5) | am a resident of or employed in the county where the Notice to Consumer or Employee and Objection was mailed.
©. My residence or business address is (specify):
d. My phone number is (specify):
| declare under penalty of perjury under the laws of the laws of the State of Califomia that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME OF PERSON WHO SERVED)
> (SIGNATURE OF PERSON WHO SERVED)
PROOF OF SERVICE OF OBJECTION TO PRODUCTION OF RECORDS
(Code of Civ. Proc.,§§ 1985.3, 1985.6)
Personal Service Malt
1. At the time of service | was at least 18 years of age and nota party to this legal action.
2. I served a copy of the Objection to Production of Records as follow (complete either a or b):
a. ON THE REQUESTING PARTY
(1)[] Personal service. personally delivered the Objection to Production of Records as follows:
(i) Name of person served: (ii) Date served:
(ii) Address where served: (iv) Time served:
(2)[] mail. deposited the Objection to Production of Records in the United States mail, in a sealed envelope with postage fully
repaid. The envelope was addressed as follows:
(i) Name of person served: (ii) Date of mailing:
(ii) Address: (iv) Place of mailing (city and state:
(v) | am resident of or employed in the county where the Objection to Production of Records was mailed.
b. ON THE WITNESS:
(1) ]Personal service.| personally delivered the Objection to Production of Records as follows:
() Name of person served: (ii) Date served:
(ii) Address where served: (iv) Time served:
a7] Mail.| deposited the Objection to Production of Records in the United States mail, in a sealed envelope with postage fully
prepaid. The envelope was addressed as follows:
() Name of person served: (ii) Date of mailing:
(i) Address: (iv) Place of mailing (city and state):
(v) | am a resident of or employed in the county where the Objection to Production of Records was mailed.
3. My residence or business address is (specify):
4, My phone number is (specify):
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(IYPE OR PRINT NAME OF PERSON WHO SERVED)
> (SIGNATURE OF PERSON WHO SERVED)
Page 2 of
‘SUBP-025 [Rev. January 1, 2008} NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION 503426100
‘99705-01/CPROOF168,
SUBP-025
PLAINTIFFIPETITIONER: TRUJILLO, et al. CASE NUMBER:
DEFENDANTIRESPONDENT: SAC AERO, et al, 18C1V01901
PROOF OF SERVICE OF NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION
(Code Civ. Proc.,§§ 1985.3, 1985.6)
Personal Service [_| mail
1. Atthe time of service | was at least 18 years of age and nota party to this legal action,
. | served a copy of the Notice to Consumer or Employee and Objection as follows (cheok eithera or b):
a.L_] Personal service.| personally delivered the Notice fo Consumer or Employee and Objection as follows:
(1) Name of person served: (3) Date served:
(2) Address: (4) Time served:
.[_] mait.t deposited the Notice fo Consumer or Employee and Objection in the United States mail, in a sealed envelope with
postage fully prepaid. The envelope was addressed as follows:
(1) Name of person served: (3) Date of m ing:
(2) Address: (4) Place of mailing:
(5) lam a resident of or employed in the county where the Notice to Consumer or Employee and Objection was mailed.
c. Myresidence or business address is (specify):
d. My phone number is (specify):
| declare under penalty of perjury under the laws of the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME OF PERSON WHO SERVED)
> (SIGNATURE OF PERSON WHO SERVED)
PROOF OF SERVICE OF OBJECTION TO PRODUCTION OF RECORDS
(Code of Civ. Proc.,§§ 1985.3, 1985.6)
Personal Service Mail
4. At the time of service | was at least 18 years of age and nota party to this legal action.
2. Iserved a copy of the Objection to Production of Records as follow (complete eithera or b):
a. ON THE REQUESTING PARTY
(1) [1] Personal service.| personally delivered the Objection to Production of Records as follows:
(i) Name of person served: (ii) Date served:
(ii) Address where served: (iv) Time served:
(2) mait.1 deposited the Objection to Production of Records in the United States mail, in a sealed envelope with postage fully
prepaid. The envelope was addressed as follows:
() Name of person served: (ii) Date of mailing:
(ii) Address: (iv) Place of mailing (city and state:
(v) |. am resident of or employed in the county where the Objection to Production of Records was mailed.
b. ON THE WITNESS:
(1) CO Personal service.| personally delivered the Objection to Production of Records as follows:
() Name of person served: (ii) Date served:
(ii) Address where served: (iv) Time served:
a] prepaid. The envelope was addressed as follows:
Mail.| deposited the Objection to Production of Records in the United States mail, in a sealed envelope with postage fully
()) Name of person served: (ii) Date of malting:
(ii) Address: (iv) Place of mailing (city and state):
(v) | am a resident of or employed in the county where the Objection fo Production of Records was mailed.
3. My residence or business address is (specify):
4, My phone number is (specify):
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
>
(IVPE OR PRINT NAME OF PERSON WHO SERVED) (SIGNATURE OF PERSON WHO SERVED)
Page 2 of 2
‘SUBP.025 [Rev. January 1, 2008) NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION 100
199705-01ICPROOF168,