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Home My WebLink AboutSubpoena received 5-12-25 - Shirley LongU.S. Legal Support, Inc. 21051 Warner Center Lane, Suite 230 Woodland Hills, CA 91367 MAY 1 2 2025 Phone: (949) 296-4531 / E -Mail: westrecords(a)uslegalsupport.com CUPERTINO CITY CLEF?! RECEIVED Work Order #:- 383720 ;001 Access Code: 2169291 Due Date: 06/03/2025 9:00AM NOTICE TO PARTIES BEING SUBPOENAED TO THE CUSTODIAN OF RECORDS OF: Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014 RECORDS REGARDING: Shirley Long DOB: SSN: UNKNOWN 1) Remember to sign the enclosed Declaration of Custodian of Records form 2) Please include our work order number 383720.001, on all correspondence. 3) If radiological films are requested, a complete list of breakdown is required prior to production of films. You may satisfy the provisions of this subpoena by complying with any one of the following instructions: 1) Upload the records to HTTPS://MEDREC.USLEGALSUPPORT.COM by entering the Work Order Number and Access Code listed on the upper right hand corner of this document. 2) E -Mail the records securely to westrecords(a,uslegalsupport.com 3) Mail your response to our attention, taking the following steps: a. Copy the requested records (or duplicate the requested items or materials). If no such records or materials, go to step c. b. Contact U.S. LEGAL SUPPORT prior to sending the records if there are any additional fees for producing the records or materials. c. Complete the declaration form(the last page in the subpoena packet sent to you) to indicate the records and/or items being sent, or to indicate that you have none of the records and/or requested if they do not exist. d. Mail records to: US Legal Support, 21051 Warner Center Lane, Suite 230, Woodland Hills, CA 91367. Please make sure to include our reference number (found in the upper right hand corner of this notice) on all correspondence you send. IF YOU HAVE ANY QUESTIONS REGARDING THE ATTACHED SUBPOENA OR HOW TO RESPOND, PLEASE FEEL FREE TO GIVE US A CALL, (949) 296-4531. U.S. Legal Support ANNOUNCING THE U.S. LEGAL SUPPORT MEDREC PORTAL A fast and secure way to send records to US. Legal Support. — STEPi Co to thewebsite - httpsJ/mdreste9Msupportcom. Log in using the order number and access code located in the upper right hand corner on the first page of your request STEP 2 Click browse to select the ftle you wish to upload. Files may be in any format, but we recommend zippin�j Iar� files. NOTE: You have the option to eater an email address tot receive confirmation when your file has been received. STEP 3 Using the drop down provided, select the type of file you have uploaded and hit submit and confirm the submission_ You will receive a image indicating the upload was successful. L r.3 is {xa3�{?�nr₹r.K c e�eaY 7 A r �6fi ssY�a'u� �:�cp;sxee tsax�ts�tf�innGi cfmtssai I'L' P' WorkOrder#: 383720.001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY Martin M. Eisenberg, Esquire, Law Offices of Martin M. Eisenberg Skyway Center 655 Skyway Road, Suite 110 San Carlos, CA 94070 TELEPHONE NO.: (650) 766-2256 FAX: (650) 341-1395 ATTORNEY FOR (NAME) : Defendants Barbara Kalman, Trustee, et.al SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 NORTH FIRST STREET MAILING ADDRESS: 191 NORTH FIRST STREET CITY AND ZIP CODE: SAN JOSE, CA 95113 BRANCH NAME: DOWNTOWN PLAINTIFF/PETITIONER: Shirley Long; et al. DEFENDANT/RESPONDENT: Barbara Kalman, Trustee, et.al DEPOSITION SUBPOENA CASE NUMBER: FOR PRODUCTION OF BUSINESS RECORDS 22 -CV -397661 THE PEOPLE OF THE STATE OF CALIFORNIA, TO: The Custodian of Records for: Cupertino City Hall 10300 Torre Avenue, Cupertino, CA 95014 1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3, as follows TO (name of deposition office): U.S. Legal Support, Inc. ON (date)/ AT (time): 06/03/2025 9:00AM LOCATION: 21051 Warner Center Ln. Suite 230, Woodland Hills, CA 91367 Do not release the requested records to the deposition officer prior to the date and time stated above. xx a. by delivering a true, legible and durable copy of 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. ❑b. 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). c.❑ by making the original business records described in item 3 available for inspection at your business address by the attorney's representative and permitting copying at your business address under reasonable conditions during normal business hours. 2. The records are to 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. 3. 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 YOU, A COURT 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: 05/01/2025 Martin M. Eisenberg, Esquire (TYPE OR PRINT NAME) IS/ Martin M. Eisenberg, Esquire (SIGNATURE OR PERSON ISSUING SUBPOENA) ATTORNEY -AT -LAW (TITLE) (Proof of service on reverse) Page 1 of 2 Form Adopted for Mandatory Use DEPOSITION SUBPOENA FOR PRODUCTION Code of Civil Procedure, §§2020.410-2020.440, Judicial Council of California Government Code, 68097. I SUBP-010(Rev,January 1, 20121 OF BUSINESS RECORDS WorkOrder #: 383720.001 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address). FOR COURT USE ONLY Martin M. Eisenberg, Esquire , Law Offices of Martin M. Eisenberg Skyway Center 655 Skyway Road, Suite 110 San Carlos, CA 94070 TELEPHONE: (650) 766-2256 FAX NO.: (650) 341-1395 ATTORNEY FOR (name): Defendants Barbara Kalman, Trustee, et.al SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 NORTH FIRST STREET MAILING ADDRESS: 191 NORTH FIRST STREET CITY AND ZIP CODE: SAN JOSE, 95113 BRANCH NAME: DOWNTOWN PLAINTIFF/PETITIONER: Shirley Long; et al. CASE NUMBER: 22 -CV -397661 DEFENDANT/RESPONDENT: Barbara Kalman, Trustee, et.al NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION (Code of Civ. Proc., §§ 1985.3, 1985.6) NOTICE TO CONSUMER OR EMPLOYEE TO (name): Shirley Long 1. PLEASE TAKE NOTICE THAT REQUESTING PARTY (name): Barbara Kalman, Trustee, et.al SEEKS YOUR RECORDS FOR EXAMINATION by the parties to this action on (Specify Date): 06/03/2025 9:00AM The records are described in the subpoena directed to witness (specify name and address of person or entity from whom records are sought): Cupertino City Hall, 10300 Torre Avenue, Cupertino, CA 95014. A copy of the subpoena is attached. 2. If you object to the production of these records, YOU MUST DO ONE OF THE FOLLOWING BEFORE THE DATE SPECIFIED IN ITEM a. OR b. BELOW: a. If you are a party to the above -entitled 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. b. If you 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 should be prohibited. You may use the form below to object and state the ground for your objection. You must 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 RECEIVED BEFORE THE DATE SPECIFIED IN ITEM 1, YOUR RECORDS MAY BE PRODUCED AND MAY BE AVAILABLE TO ALL PARTIES. 3. YOU OR YOUR ATTORNEY MAY CONTACT THE UNDERSIGNED to determine whether an agreement can be reached in writing to cancel or limit the scope of the subpoena. If no such agreement is reached, and if you are not other wise represented by an attorney in this action, YOU SHOULD CONSULT AN ATTORNEY TO ADVISE YOU OF YOUR RIGHTS OF PRIVACY. Date: 05/01/2025 Martin M. Eisenberg, Esquire IS/ Martin M. Eisenberg, Esquire (TYPE OF PRINT NAME) (SIGNATURE OF ❑ REQUESTING PARTY xx ATTORNEY) OBJECTION BY NON-PARTY TO PRODUCTION OF RECORDS 1. ® I object to the production of all of my records specified in the subpoena. 2. I object only to the production of the following specified records: 3. The specific grounds for my objection are as follows: Date (TYPE OF PRINT NAME) SIGNATURE OF REQUESTING PARTY ATTORNEY (Proof of service on page 2) Form Adopted for Mandatory Use NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION Code of Civil Procedure, Judicial Council of California 431985.3, 1985.6, SUBP-025(Rev. January 1, 2008) (Code Civ. Proc., fl 1985.3, 1985.6) 2020.010-2020.510 WorkOrder# 383720.001 PLAINTIFF/PETITIONER: Shirley Long; et al. I CASE NUMBER: DEFENDANT/RESPONDENT: Barbara Kalman, Trustee, et.al 22 -CV -397661 PROOF OF SERVICE OF NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION (Code Civ. Proc.,§§ 1985.3, 1985.6) Personal Service X❑ Mail 1. At this time of service I 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 either a or b): a. Personal service. I 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. X❑ Mail. I 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: SEE ATTACHED SERVICE LIST (3) Date of mailing: 05/01/2025 (2) Address: (4) Place of mailing: Woodland Hills, CA (5) I am a resident of or employed in the county where the Notice of Consumer or Employee and Objection was mailed. c. My residence or business address is (specify): 21051 Warner Center Ln. Suite 230 , Woodland Hills, CA 91367 d. My phone number is (specify): (818) 878-9227 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 05/01/2025 Angie Salvatierra (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 At this time of service I was at least 18 year of age and not a party to this legal action. I served a copy of the Objections to Production of Records as follow (complete either a or b): a. ON THE REQUESTING PARTY (1) ❑ Personal service. I personally delivered the Objection to Production of Records as follows: (i) Name of person served: (iii) Date served: (ii) Address: (iv) Time served: (2.) ❑ Mail. I deposited the Objection to Production of Records in the United Stated mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows: (i) Name of person served: (iii) Date served: (ii) Address: (iv) Time served: (v) I am resident of or employed in the county where the Objection to Production of Records was mailed. b. ON THE WITNESS: (1) Personal service. I personally delivered the Objection to Production of Records as follows: (i) Name of person served: (iii) Date served: (ii) Address: (iv) Time served: (2) ❑ Mail. I deposited the Objection to Production of Records in the United Stated mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows: (i) Name of person served: (iii) Date served: (ii) Address: (iv) Time served: 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: (TYPE OR PRINT NAME OF PERSON WHO SERVED) (SIGNATURE OF PERSON WHO SERVED) Page 2 of 2 Form Adopted for Mandatory Use NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION Code of Civil Procedure, Judicial Council of California §§1985.3, 1985.6, SUBP-025(Rev. January 1, 2008) (Code Civ. Proc., 6& 1985.3, 1985.6) 2020.010-2020.510 WorkOrder# 383720 I Shirley Long; et al., vs Barbara Kalman, Trustee, et.al, Case No.: 22 -CV -397661 SERVICE LIST Gregory K. Klingsport, Esquire Jorgenson, Siegel, McClure & Flegel 1100 Alma Street Suite 210 Menlo Park, CA 94025 Phone: (650) 324-9300 E -Mail: gkkkismf.com ATTACHMENT 3 TO DEPOSITION SUBPOENA DIRECTED TO CITY OF CUPERTINO As the term is used below "writing" and "writings" means handwriting, typewriting, printing, photo -stating, 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. As the term is used below "person" and "persons" includes natural persons and firms, associations, organizations, partnerships, trusts, business trusts, corporations and limited liability companies The documents to be produced and made available for copying pursuant to this subpoena are: All writings that memorialize, reflect or refer to applications by or on behalf of any person to any department or agency of the City of Cupertino, specifically including but not by way of limitation, City of Cupertino Planning Department and City of Cupertino Building Department, for alteration and/or construction of any improvements to or upon real property situated at 10043 -10049 Imperial Avenue (APN: 357-17-013), Cupertino, California at any time between January 1, 2010 and present. All writings that memorialize, reflect or refer to applications by or on behalf of any person to any department or agency of the City of Cupertino, specifically including but not by way of limitation, City of Cupertino Planning Department and City of Cupertino Building Department, for alteration and/or construction of any improvements to or upon real property situated at 21666 — 21686 Stevens Creek Boulevard (APN 357-17-012), Cupertino, California at any time between January 1, 2010 and present. All writings that memorialize, reflect or refer to permits issued by City of Cupertino or any department or agency of the City of Cupertino, specifically including but not by way of limitation, City of Cupertino Planning Department and City of Cupertino Building Department, for construction and/or development of any alterations or improvements to or upon real property situated at 10043 -10049 Imperial Avenue (APN: 357-17-013), Cupertino, California at any time between. January 1, 2010 and present. All writings that memorialize, reflect or refer to permits issued by City of Cupertino or any department or agency of the City of Cupertino, specifically including but not by way of limitation, City of Cupertino Planning Department and City of Cupertino Building Department, for construction and/or development of any alterations or improvements to or upon real property situated at 21666 21686 Stevens Creek Boulevard (APN 357-17-012), Cupertino, California at any time between January 1, 2010 and present. All writings that memorialize, reflect or refer to applications by or on behalf of any person to any department or agency of the City of Cupertino, specifically including but not by way of limitation, City of Cupertino Planning Department and City of Cupertino Building Department, for alterations, modifications, and/or construction of any changes, alterations or improvements to or upon parking areas, landscaping, landscape islands, exterior lighting, parking area striping, vehicle directional signage and/or pavement markings, vehicular ingress and/or vehicular egress to, from or upon real property situated at 10043 —10049 Imperial Avenue (APN: 357-17-013), Cupertino, California at any time between January 1, 2010 and present. All writings that memorialize, reflect or refer to applications by or on behalf of any person to any department or agency of the City of Cupertino, specifically including but not by way of limitation, City of Cupertino Planning Department and City of Cupertino Building Department, for alterations, modifications, and/or construction of any changes, alterations or improvements to or upon parking areas, landscaping, landscape islands, exterior lighting, parking area striping, vehicle directional signage and/or pavement markings, vehicular ingress and/or vehicular egress to, from or upon real property situated at 21666 — 21686 Stevens Creek Boulevard (APN 357-17-012), Cupertino, California at any time between January 1, 2010 and present. All writings that memorialize, reflect or refer to permits issued by City of Cupertino or any department or agency of the City of Cupertino, specifically including but not by way of limitation, City of Cupertino Planning Department and City of Cupertino Building Department, for construction of any changes, alterations or improvements to or upon parking areas, landscaping, landscape islands, exterior lighting, parking area striping, vehicle directional signage and/or pavement at 10043 —10049 Imperial Avenue (APN: 357-17-013), Cupertino, California at any time between January 1, 2010 and present. All writings that memorialize, reflect or refer to permits issued by City of Cupertino or any department or agency of the City of Cupertino, specifically including but not by way of limitation, City of Cupertino Planning Department and City of Cupertino Building Department, for construction of any changes, alterations or improvements to or upon parking areas, landscaping, landscape islands, exterior lighting, parking area striping, vehicle directional signage and/or pavement markings, vehicular ingress and/or vehicular egress to, from or upon real property situated at 21666 — 21686 Stevens Creek Boulevard (APN 357-17-012), Cupertino, California at any time between January 1, 2010 and present. U.S. Legal Support, Inc. WorkOrder#: 383720.001 CSR: Monica Garcia 21051 Warner Center Lane, Suite 230 Woodland Hills, CA 91367 Phone: (949) 296-4531 / E -Mail: westrecords c(iuslegalsupport.com Records On: Shirley Long DOB: SSN: UNKNOWN Location: Cupertino City Hall 1. DECLARATION OF CUSTODIAN OF RECORDS I being the duly authorized custodian of records and having the authority to certify the records, declare the following: A. Description of Records Produced (REQUIRED): [] Medical Records [] Billing Records [ ] X -Rays [] Other: The records indicated below were requested, but do not exist: [] Medical Records [] Billing Records [] X -Rays [] Other: The records were prepared by the personnel of the business in the ordinary course of business at or near the time of the act, condition, or event. B. In what manner were the records produced (REQUIRED): [ ] Data/Computer Generated [] Typed/Hand Written Notes [ ] AudioNideo [ ] Pathological [] Other: ] Summary [I Radiological C. Certification of Records Copied or Obtained: (REQUIRED) [ ] The copy is a true copy of all the records described in the subpoena duces tecum or search warrant, or pursuant to subdivision (e) of Section 1560, the records were delivered to the attorney, the attorney's representative, or deposition officer for copying at the custodian's or witness' place of business, as the case may be. 2. CERTIFICATION OF NO RECORDS [ ] A thorough search of our files, carried out under my direction revealed no documents, records or other material called for in the Subpoena or Authorization searched by Name, SSN, DOB, etc. [ ] Existing records not within the time limitation set forth in the request. [ ] All records have been destroyed in accordance with our document retention policy which is years. [ ] The following information does not match what we have [ ]DOB []SSN [ ]NAME []Other____________ [ ] Additional information is needed such as: [ ] Other explanation: 3. Under penalty of perjury and under the laws of California, I the CUSTODIAN of RECORDS, declare that the foregoing is true and correct. CUSTODIAN SIGNATURE Date: City REQUIRED Print name Signed: California (OFFICE USE ONLY) CERTIFICATION OF PROFESSIONAL PHOTOCOPIER I, the undersigned, declare under penalty of perjury that the foregoing is true and correct: Executed on At ____________________________________________,California Print Name Signed State of California EVIDENCE CODE Section 1561 1561. (a) The records shall be accompanied by the affidavit of the custodian or other qualified witness, stating in substance each of the following: (1) The affiant is the duly authorizedcustodian of the records or other qualified witness and has authority to certify the records. (2) The copy is a true copy of all the records described in the subpoena duces tecum or search warrant, or pursuant to subdivision (e) of Section 1560, the records were delivered to the attorney, the attorney's representative, or deposition officer for copying at the custodian's or witness' place of business, as the case may be. (3) The records were prepared by the personnel of the business in the ordinary course of business at or near the time of the act, condition, or event. (4) The identity of the records. (5) A description of the mode of preparation of the records. (b) If the business has none of the records described, or only part thereof, the custodian or other qualified witness shall so state in the affidavit, and deliver the affidavit and those records that are available in one of the manners provided in Section 1560. (c) if the records described in the subpoena were delivered to the attorney or his or her representative or deposition officer for copying at the custodian's or witness' place of business, in addition to the affidavit required by subdivision (a), the records shall be accompanied by an affidavit by the attorney or his or her representative or deposition officer stating that the copy is a true copy of all the records delivered to the attorney or his or her representative or deposition officer for copying. (Amended by Stats. 2016, Ch. 85, Sec. 2. (SB 1087) Effective January 1, 2017.)