Subpoena Rec'd 12-3-24 McClellan Road, LP v. California Rainguard Inc.LEXITAS
7700 Irvinc Ccnter Dr., Suite 450 * Irvine, CA 92618 * 877.707.5921 949.707-0798 fax
Records949 a2LexitasLe al.com
Custodian of Records
Cupeitino Building Pennit Center - Special Instructions
10300 Torre Ave.
Cupertino, CA 95014
D E C E [I V E
'11')124
l'tt""F'r's'p!l'rA'r
CUPERTINO CITY CLERK
November
Dear Custodian of Records,
LEXITAS hasbccnemployedbySims,Lawrence&Brogliainmertopursuetherecordsoft}ieindividual
named below. Tlie attaclicd Subpoena / Authorization requests that tliese records be produced and made
availal':ile for us to COP}/ on December 26, 2024. Please contact our office in the ensuing days to confirin
availability of tlie requested rccords.
Compliancc witli the attached subpoena may be effected in a number of ways to include: USPS, Fax, Email,
electronic file transfcr or on-site scanning pmvided by one of our professional field associates. To request a link
for Secure File Transfer (SFTP), please send an email to: Records949@LexitasLegal.com or call our customer
service department at the numt':ier listed above.
Please riote: All fees in excess of $150 must be Pre-Approved
LEXITAS iscomn'iittedtobeingtl'iepremierdocumentretrievalserviceinCalitortiia. Wetruly
understand the importance of maintaining a strong workirig relationship witli all of the liroviders fmm
wl'iom we reqriest records. We welcome all of your comments and suggestions and look foryvard to
working with you for rm:iny years to come.
REGARDING
Order #: 564706-D Order #: 564706-D
Records On: McClellan Road, LP v. California Rainguard Inc.
AKA: 7954 McCellan Road in Cupertino, CA
Date of Birth: Social Security #:
Productioxi Date: December 26, 2024
Please refer to Attachment 3 for a description of the requested records
Lexitas Order Number: 5(+4706-D 1111111111111!lllllllllllllllllllllllllllllSUBP-01!)
A'ITORNEY OR PARTf WmtOUT A"l-rORNEY:
Bobby Dale Sims. Jr., ES(1. Stake Bar Nun'ibcr'202622
Sims, Lawrcnce & Broghammcr
1478 Stonc Point Drive, Suite 450
Rosev'ille, CA 95661
TELEPH5NEN0: (916)797-8881 FAXNO' (916)253-1544
ATTORNEY FOR.
/'Z)/! COURT USE ONL 5a
NAME OF COURT. Santa C larii County Superior Cliuit
S'lRF.ET ADDRESS' l')} N First Sircet
MAILlNCi ADDRESS
C(TiaANDZIPCODE' SanJobc,CA951131090
BRANCH NAi'rlE: Downtown
PLAINTIFFiPETlTIONER: Mi:Clelliin Road. LP
DEFENDAN17RESPONDENT: Calitacinua Rainguard Inc
I)EPOSITION SUBPOEN..t
FOR PRODtiCTlON OF BUSINESS RECORDS
CASE NUMBER
24C V436300
THE PEOPLE OF THE STATE OF C.Al.lFORNlA, TO TI'lE CUSTODLIN OF RECORDS FOR:
Cupertuio Building Pern'iit Center - Special Instructioxis Teleplitme Number: (407) 777-3200
10300 Torre Ave.
Cupertino, CA 95014
1. YOU ARE ORDERED arO PRODUCE THE BUSINESS RF,CORDS described in item 3, as follows:
To: Lexitas Oti : Dcccinber 26, 2024 At : 9:00 am Please direct aiiy questions regarding this
Location: 7700 Irvine Center Drive su"pO'-'a' Io:
Irvine, CA 92618 Lexitas, Ltd. ]-877-707-5921
Do not release the reqtiested records to the depositioxi officer prior to tlie date and time stated above.
a. [ by delivering a tnie, legible and durable copy of tlie business records described in item 3, enclosed in a scaled inner wrapper yvitli tlie title and
numbei' of the action, namc of ys'imess aiid date of subpoci'ia clearly wmten on it. l-lie iimer wrapper shall tlicn bc cnclosed in an outer envelolie or
ivrapper, sealed, and mailed to d'ic deposition officer at the address in itcin I.
b. € by de)ivering a true, legiblc and dtirablc copy t'+t- the business recoms descrilicd in itcin 3 to tiie deliosition officcr at t}ie wimess's address, on receipt
of paymcnt in cash or by clieck of tlie reasonable costs of pre(itiring t)ie ct'ipy, as dcicrinincd under Evidcnce Code section 1563(b).
c. S by making the original business rccor'tJs described in item 3 avai)alilc ft>r inspection ai your business address by ilie aitorney's representative ai'id
peimitting copying at your business addrcss urider reasonable ccinditions during normiil business liciurs.
2. The records arc to be produced by tlic datc and time sl'iown in itcin I (liut Jio sc'ioncr iliiin 20 days atlcr the issuancc of tlic deposition subpoena, or 15 days
after service, wliichever date is later). Rcasonahle costs o( locating records, making t)iem available or copying tlicm, arid posmge, if any, are rccoverable
as set forth in Evidence Codc scction I 563(lid. Thc records shall be accoinpanicd liy an alTidavii of ilic custodian or otlier qualifietl witness pursuai'it to
Evidcnce Code sectit:in 1561.
3. Therecordstobeproducedaredcscribedasfollows: SeeATTACHMENT3
4. IF YOU HAVE BEEN SERVED 1S'lTH THIS SUBPOENA AS A CUSTODI,tN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE
OF CIVIL PROCEDURE SECTION 1985.3 0R 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A
COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, A.ND CONSUMER OR EMPLO'k"EE AFFECTED MUST BE
OBTAINED BEFORE YOU ARE REQUIRED TO PRO[)UCE CONSU('ilER OR ESIPI,OYEE RECORI)S.
DISOBEDIENCE OF THIS SUBPOENA MA S' BE PUNISHED AS CONTEMPT BY al"HIS COURT. YOU WILL ALSO BE LIABLF.
FOR THE SUM OF FIVE HUNI)RED DOLLARS AND ALI, DAMAGES RESULTING FROM YOUR FAJI,URE TO OBEY.
Date Issued: November 26, 2024
Form Adopted for Mantlaloiy Use
Judicial Council of Califo+'nia
S?JBP-010 [Rcv. Januaiy 1. 2012]
'rypi.i cir Print Naine) (Signiiturc of M'son Issuing Subpocna)
(Proo('o(Service Aliaclicd) ' "-w
DEPOSiTION SUBPOENA FOR PRODUCTION
OF BUSINESS RECORDS
CodcorCivil Procedure, %iSi 2020.410-2020.440;
Civil Code, § 15(a%t'):
(iovei'iiment Code§ 6)1097. I
ATT ACWNT 3
Case Name: McClellan Road, LP
V
California Rainguard Inc.
Case Number:
24CV 436300
Records On:
AKA:
Date of Birth:
Production Date:
McClenan Road, LP v. Califoniia Rainguard Inc.
7954 McCellan Road in Cupettino, CA
Social Security #:
December 26,2024
The records to be produced are described as follows:
Special Instructions: For the following records since 1971: Any and'all documents pcitaining to the
property located at The McClellan Terrace Apartments, a multiFamily apartment complex located at
7954 McCellan Road iri Cupertino, California ('McClellan Terrace Apartments') to present, including
hut not limited to tl'ie complete work tile, proposals, estimates, bids, contracts, sub-contracts, reports,
drawings, plans, specific;itions, correspondence, memoranda, notes. peri'nits, change orders, invoices,
estimates, payinent rcoirds, photographs, video recordings, audio recordings, text message and email
commumcattons.
Specifically:
a. Any and all documents relating to pennits for work at the subject property
b. Any and all documents related to inspections at the subject property.
c. Any and Elll documents relating to the roofs at the subject property.
Rel': 7930 - 7932 McClellan Road, 7964 - 7970 McClellan Road,
7934 - 7936 McClellari Road, 7918 - 7928 McClellan Road.
Proof Of Service
McClellan Road, LP
VS
California Rainguard Inc.
Case Number: 24CV436300
1, the undersigned, declare that: I am over the age of eighteen years and not a party
to the within action. I am employed in the county of Orange, State of California,
where the within mailing occurs and my business address is:
On 'l j/26/2024, I served the foregoing documents described as:
Deposition Subpoena for Production of Business Records
Directed to: Cupertino Building Permit Center - Special Instructions
10300 Torre Ave.
Cupertino, CA 95014
On the following interested parties:
Gregory E. Meisenhelder, Esq.
Berding & Wei!
2'l75 N. California Blvd., 500
Walnut Creek, CA 94596
S u.s. MAIL, by placing a true copy thereof in a separate envelope for each
addressee name in the attached service list, addressed to each such addressee,
respectively, and I then sealed each envelope and, with postage fully prepaid, placed
it for mailing and deposit in the United States Postal Service in accordance with our
business practices. I am readily familiar with our business practice for collection and
processing of correspondence for mailing with the United States Postal Service; and
that the correspondence shall be deposited with the United States Postal Service this
same day in the ordinary course of business.
I declare under penalty of perjury that the foregoing is true and correct and that this
declaration was executed on 41/26/2024 at Irvine, California.
Jollan Franco
Electronically sigi'ied pursuant to Civil Code §1633.7(d)
which states "If the law requires a signature, an
electronic signature satisfies the law.'
Lexitas Order Nutnber: 564706-D
Pl A}NTIFF/PETIT}ONER :'ilcClcllan Road. LP
DEI'ENDANT'RESPONDENT. Califaornia Rainguai'd Inc
CASE NU(VIBER'
24(' V436300
AFFIDAV'lT OF CUSTODIAN OF RECORDS
(California Evidence Code § 1561)
Records Produced by: Cupertino Building Pertnit Center - Special Instructions
10300 Torre Ave., Cupertino, CA 95014
Records Pertaining to: McClellan Road, LP v. California Rainguard Inc.
Date of Birth: Social Security #:
I liereby declare, under penalty of perjury, and under the laws of the state of California, tliat tlie following staten-ients
are true and coirect to the best of n'iy knowledge. I, tlie undersigned, an'i the duly autlioiized Custodian of Records (or
other qualified witness) for tlie above referenced records provider. I liave the authority to certify that the records
produced herewitli pursuant to and described in tl'ie Subpoena/Authorization served with tliis affidavit are A!,!,, of the
i,ecords uiider m:Y control and custody pertaining to the above named individual(s).
' TheSe records were originall} prepared / created via: (Please clieck all that apply)
€ Handwritten notes [] Transcription € Computer generated forms € Other
The enclosed records are comprised of the following: (Please check all that apply)
€ Medical
€ Scholastic
[I Billing
€ Other
[:] Filnis/X-Rays [] Insurance 0 Employment / Payroll
To the best of my knowlcdge, all rif the records refeired to above were prepared or compiled by the persoru'iel of the
above named business, in the ordinary course of business, at or near the time of tlie acts, conditions or events recordcd
l have delivered all of tl'ie records / items requested with the following exceptions:
Print Nan'ie
Uate
Signature
Phone Number
Certification of Professional Photocopier
I, the urtdersigned, dec]are under penalty of perjury, aitd under t)ie laws of the state of California, that the l"oregoing is tnie and cotrect
ar'xd that the attacbcd copy of reciirds 'yvas transmitted or distributed to tbe aut}iorized person(s) or entities. I tiirther declare that I made
true and accurate copies of all reccirds produced to me by t)ie Custodian of Records of t)ie above i'iamed records provider and will
maintain the cont-identiality of the infonnation contained within.
Date Signature
564706-D luiflllllllmlllU 564706-D