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HomeMy WebLinkAboutSubpoena Rec'd 10-27-25 - Joanne Makeever vs. Kyung Gyun Na, Chul Soo Han, P&S Cupertino IncOctober 7, 2025 ATTN: City of Cupertino City Clerk 10300 Torre Avennue Cupertino, CA 95014 Dear Custodian of Records, RECEIVED OCT 21 2025 CUPERTINO CITY CLERK 10459 Mountain View Avenue, Suite A Loma Linda, CA 92354 (909) 793-0613 FAX: (909) 335-9688 Additional Fax: (909) 557-2408 Email: retrievalyd@abidss.com Upload File: www.abidss.com/custodians/CA REFERENCE NO. 6976976-01 We have been requested by Jennifer A. Stewart of McNamara, Ambacher, Wheeler, Hirsig & Gray, LLP to obtain records on the following: Pertaining to: 10520 S. De Anza Blvd, Cupertino, CA 95014 Date of Birth: UNK Other Identification: UNK Requested Records: See attachment '3' regarding the description of records to be produced pertaining to 10520 S. De Anza Blvd, Cupertino, CA 95014. You will be in compliance with the attached Subpoena by fulfilling the following instructions: 1. BY UPLOADING AN ELECTRONIC COPY OF THE REQUESTED RECORDS TO: www.abidss.com/Custodians 2. ALLOW ABI TO COPY THE REQUESTED RECORDS AT YOUR ADDRESS ON OR ABOUT THE DATE AS SPECIFIED FOR PRODUCTION IN THE ATTACHED SUBPOENA. 3. APPEAR AT THE SCHEDULED PLACE AND TIME, AND BRING WITH YOU ALL OF THE ORIGINAL RECORDS AS DESCRIBED IN THE SUBPOENA. PLEASE COMPLETE AND SIGN THE ATTACHED AFFIDAVIT OF CUSTODIAN OF RECORDS AND INCLUDE IT WITH THE REQUESTED RECORDS. To arrange a specific date for copying the requested records or if you have any questions regarding this request, please call our Scheduling Department before the production date at (909) 793-0613. If records are available to copy now, please complete the following information and fax this page to (909) 335-9688 Custodian/Contact Name: ❑ Records will be ready to copy Phone#: Copy Days: ❑ Records will be ready for pick up ❑ Fees Due Please indicate File size by height in inches: Address if different from above: Times: Please mark the records that are available and provide explanation for any missing records: ❑ Medical ❑ Billing ❑ X-Ray/Films ❑ Employment ❑ Payroll ❑ Insurance ❑ Other Thank you for your cooperation, ryJ Orde,#:6976976-01!ABI6N"I NOTICE TO PROVIDERS HIPAA REPRODUCTIVE HEALTH RULE VACATED NATIONWIDE Please be advised that the HIPAA Privacy Rule to Support Reproductive Health Care Privacy, published April 26, 2024, was vacated nationwide in light of the Northern District of Texas court decision in Purl v. Dept. Health & Human Servs., 2:24-cv-002288 (N.D. Tex. June 18, 2025). In its ruling, the court vacated the portion of the HIPAA Privacy Rule that strengthened privacy protections for certain reproductive health information. The court left intact only those amendments to the HIPAA rule related to certain Notice of Privacy Practice provisions pertaining to substance use disorder regulations. The Attestation Form requirement was discussed specifically in the Purl decision as problematic because of the additional burden it places on healthcare providers. The Attestation From requirement was specifically struck down in Purl and thus is no longer required by HIPAA. The heightened restrictions on disclosing protected health information related to reproductive health care, as implemented by the now -vacated Rule, are no longer in effect and may not be asserted as a basis to withhold documents subject to a valid subpoena. As such, we request that you produce the documents responsive to the subpoena within the time required. * For more information, please visit: https://www.hhs.gov/hipaa/for-professionals/special- topics/reproductive-health/final-rule-fact-sheet/index. html ORDER#:6976976-61 /ATTESTATION-NOP"1 10459 Mountain View Avenue, Suite A Loma Linda, CA 92354 (909) 793-0613 ,DCU^ENT FAX: (909) 335-9688 Additional Fax: (909) 557-2408 Secure E -mails: retrieva1rd(rii.,abidss.Com retrieval mo( abidss.corn Custodian Access Uploading Records and or DICOM Images File Uploads - Custodian Link 1. The Custodian can access the records upload portal through our website located at www.abidss.com a. Click the CUSTODIANS tab. b. Follow the detailed instructions provided on the website on how to upload records or diagnostic imaging to ABI. 2. Alternatively E-mail records to our secure E-mail address listed above Ordc rf:(i97(i97(i-0 I /CUSTOD [AN"{ SUBP-010 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): Ref. No. or File No, FOR COURT USE ONLV Jennifer A. Stewart, SBN 127812 MERG-1297 McNamara, Ambacher, Wheeler, Hirsig & Gray, LLP 3480 Buskirk Avenue, Suite 250, PO Box 33490 Pleasant Hill, CA 94523 TELEPHONE NO: (925) 939-5330 FAX NO (optional)' (925) 939-0203 E-MAIL ADDRESS (Optional). ATTORNEY FOR (Name): Defendant - Kyung Guyn Na and Chul Soo Han 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: JOANNE MAKEEVER DEFENDANT/RESPONDENT: KYUNG GYUN NA, CHUL SOO HAN, P&S CUPERTINO, INC. DEPOSITION SUBPOENA CASE NUMBER For Production of Business Records 25CV463953 THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, if known): (408) 777-2489 CUSTODIAN OF RECORDS FOR: City of Cupertino City Clerk, 10300 Torre Avennue, Cupertino, CA 95014 1 YCl1I ARF (IRfFRFf TCl PR(1Il(I('F THE RIISINFSS RFCfRIlS tipccrihpd in item 3 ;m fnllnwc• To (name of deposition officer): ABl Document Support Services On (date): November 4, 2025 At (time): 10:00 AM Location (address): 10459 Mountain View Avenue, Suite A, Loma Linda, CA 92354 Do not release the requested records to the deposition officer prior to the date and time stated above. a. 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. 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: See attachment '3' regarding the description of records to be produced pertaining to 10520 S. De Anza Blvd, Cupertino, CA 95014. XX Continued on Attachment 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: October 7, 2025 /S/ Jennifer A. Stewart Jennifer A. Stewart (TYPE OR PRINT NAME) (SIGNATURE OF PERSON ISSUING SUBPOENA) Attorney at Law (TITLE) Page one of two Proof of service on Daae two Form Adopted for Mandatory Use Judicial Council of California SUB-El0[Rev. January 1, 2012] DEPOSITION SUBPOENA FOR PRODUCTION Code of Civil Procedure, §§ 2020.410-2020.440; Civil Code, § 15(a)(e): OF BUSINESS RECORDS Government Code § 68097.1 Order#:6976976-01 /C PROD F105-1 www.abidss.com ATTACHMENT 3 Case Number: 25CV463953 Case Name: JOANNE MAKEEVER vs. KYUNG GYUN NA, CHUL SOO HAN, P&S CUPERTINO, INC. The records to be produced are described as follows: Any and all records relating; to the construction of a handicap ramp at the property located at [0520 S. De Anza Blvd, Cupertino, CA 95014 (aka Vons Chicken Cupertino). Order#:6976976-01/ABI7_ATT^1 ATTACHMENT 3 Case Number: 25CV463953 Case Name: JOANNE MAKEEVER vs. KYUNG GYUN NA, CHUL SOO HAN, P&S CUPERTINO, INC. The records to be produced are described as follows: Any and all records relating to the construction of a handicap ramp at the property located at 10520 S. De Anza Blvd, Cupertino, CA 95014 (aka Vons Chicken Cupertino). Order#: 6976976-01 /CPROOF105 ^2 CPROOF105ATT PROOF OF SERVICE (C.C.P. Section 1013(a) and 2015.5) Case No.: 25CV463953 Case Name: JOANNE MAKEEVER vs. KYUNG GYUN NA, CHUL SOO HAN, P&S CUPERTINO, INC. I am a resident of the State of California, County of San Bernardino. I am over the age of eighteen years and not a party to the entitled action; my business address is 10459 Mountain View Avenue, Suite A, Loma Linda, CA 92354. On October 7, 2025 I served the foregoing documents: Notice to Consumer Deposition Subpoena - Business Records Only To each party in said action, by placing a true copy thereof enclosed in a sealed envelope; with postage thereon fully prepaid, in the United States mail at Loma Linda, CA, to the addresses listed below: Law Offices of J. Chrisp Jesse B. Chrisp, Esq 9667 Highway 29 Lower Lake, CA 95457 Attorney(s) for Plaintiff, Joanne Makeever I declare under penalty of perjury under the laws of the State of California that the forgoing is true and correct. Executed on October 7, 2025, at Loma Linda, CA. 1 By: Jessica Copeland Order#: 6976976-01 /C P ROO F23^ 1 SUBP-025 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): McNamara, Ambacher, Wheeler, Hirsig & Cray, LLP Jennifer A. Stewart, 127812 3480 Buskirk Avenue, Suite 250, PO Box 33490 Pleasant Hill, CA 94523 TELEPHONE NO. (925) 939-5330 FAX NO.: (925) 939-0203 ATTORNEY FOR (Name): Defendant- Kyung Cuyn Na and Chul Soo Han NAME OF COURT. Santa Clara Sit perior Court No rth ADDRESS: 191. First `Street MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San Jose 95113 BRANCH NAME: Downtown PLAINTIFF/PETITIONER: JOANNE MAKEEVER DEFENDANT/RESPONDENT: KYUNG GYUN NA, CHUL SOO HAN, P&S CUPERTINO, INC. NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION (Code Civ. Proc.,§§ 1985.3, 1985.6) NOTICE TO CONSUMER OR EMPLOYEE CASE NUMBER. 25CV463953 TO (name): 10520 S. De Anza Blvd, Cupertino, CA 95014 AND/OR ATTORNEY OF RECORD PLEASE TAKE NOTICE THAT REQUESTING PARTY (name): Kyung Guyn Na and Chul Soo Han SEEKS YOUR RECORDS FOR EXAMINATION by the parties to this action on (Specify Date): November 4, 2025 The records are described in the subpoena directed to witness (specify name and address of person or entity from whom records are sought): City of Cupertino City Clerk, 10300 Torre Avennue, 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, youmust 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 grounds 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 otherwise represented by an attorney in this action, YOU SHOULD CONSULT AN ATTORNEY TO ADVISE YOU OF YOUR RIGHTS OF PRIVACY. Date: 10/07/2025 Jennifer A. Stewart /S/ Jennifer A. Stewart (TYPE OR PRINT NAME) a (SIGNATURE OF REQUESTING PARTY ATTORNEY OBJECTION BY NON-PARTY TO PRODUCTION OF RECORDS 0 I object to the production of all of my records specified in the subpoena. I object only to the production of the following specified records: 3. The specific grounds for my objection are as follows: Date (TYPE OR PRINT NAME) (See next page for proof of service) (SIGNATURE) Page 1 of 2 Form Adopted for Mandatory Use NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION Code §§19853Civil 1o1985re, Judicial Council of California (Code Civ. Proc.§§, 1985.3, 1985.6) SUBP-025 Rev. January 1, 2008] 2020.01bidss corn � 510 www.abidss.com Order#: 6976976-01 /CPROOFI5^1 SUBP-025 PLAINTIFF/PETITIONER: JOANNE MAKEEVER CASE NUMBER: DEFENDANT/RESPONDENT: KYUNG GYUN NA, CHUL SOO HAN, P&S CUPERTINO, INC. 25CV463953 PROOF OF SERVICE OF NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION (Code Civ. Proc.,§§ 1985.3, 1985.6) 0 Personal Service XXL1 Mail At the time of service I was at least 18 years of age and not a party to this legal action. I served a copy of the Notice to Consumer or Employee and Objection as follows (check either a or b): a. El 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. ® 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: Jesse B. Chrisp, Esq (3) Date of mailing: 10/07/2025 (2)Address: 9667 Highway 29, (4)Place of mailing: Loma Linda, CA Lower Lake, CA 95457 (5) I am 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): 10459 Mountain View Avenue, Suite A, Loma Linda, CA 92354 d. My phone number is (specify): (909) 793-0613 I declare under penalty of perjury under the laws of the laws of the State of California that the foregoing is true and correct. Date: 10/07/2025 / �_ ,,. Jessica Copeland (.1 (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) 0 Personal Service El Mail 2. At the time of service I was at least 18 years of age and I served a copy of the Objection to Production of Record: a. ON THE REQUESTING PARTY (1)Personal service. I personally delivered the (i) Name of person served: (iii) Date served: (ii) Address where served: (iv) Time served: (2)Lj Mail. I 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: (iii) Date of mailing: (ii) Address: (iv) Place of mailing (city and state): (v) I am resident of or employed in the county where the Objection to Production of Records was mailed. ON THE WITNESS: (1)L1 Personal service. I personally delivered the Objection to Production of Records as follows: (i) Name of person served: (iii) Date served: (ii) Address where served: (iv) Time served: (2)� Mail. I 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: (iii) Date of mailing: (ii) Address: (iv) Place of mailing (city and state): (v) I am a resident of or employed in the county where the Objection to Production of Records was mailed. not a party to this legal action. as follow (complete either a or b): Objection to Production of Records as follows: 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) NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION SUBP-025[Rev. January 1, 2008] (Code Civ. Proc.,§§ 1985.3, 1985.6) Page 2 of 2 6976976-01 /C P ROOF16^1 REFERENCE NO. 6976976-01 AFFIDAVIT OF CUSTODIAN OF RECORDS (Pursuant to California Evidence Code Section 1561) Records Pertain to: 10520 S. De Anza Blvd, Cupertino, CA 95014 Date of Birth: UNK Other Identification: UNK 1, the undersigned, being the duly authorized custodian of records for: City of Cupertino City Clerk 10300 Torre Avennue, Cupertino, CA 95014 And or other qualified witness in the employ of the above named business with personal knowledge of the facts set forth below, and having authority to certify said records (electronic and or paper format) from any and all elates, do hereby attest to the following: All the original records, electronic and or paper format, described below and or on any attachment or letter with which I was served have been provided to an ABI agent for the purpose of copying pursuant to Evidence Code 1561. The records were prepared in the ordinary course of business, by personnel of said business for which I am the custodian of records, at or near the time of the acts, conditions or events referenced therein. DESCRIPTION OF THE RECORDS PROVIDED See attachment '3' regarding the description of records to be produced pertaining to 10520 S. De Anza Blvd, Cupertino, CA 95014. The following could not be provided with the attached list of documents: [-Medical Billing LiX-Rays / Films flEmployment flPayroll ilnsurance ifOther Please provide explanations for items that could not be provided: I hereby declare under penally of per jury under the laws of the State of California, that the foregoing is true and correct. Executed on: at: Date City and State SIGNED Print Name Signature of Custodian of Records Phone: AFFIDAVIT OF PROFESSIONAL PHOTOCOPIER (Pursuant to California Business and Professional Code Section 22462) U The Custodian did not sign this affidavit and or generate a similar document at the time of record production. As an agent of ABI, I hereby declare that the attached are true and complete copies of all records which were provided to me, electronically and or in paper format on this date. Said records shall be delivered to the party issuing this request. Executed Date SIGNED City and ,State Print Name Signature of Photocopier Order#:6976976-01 /ABI7_Rec l REFERENCE NO. 6976976-01. AFFIDAVIT OF NO RECORDS Records Pertain to: 10520 S. De Anza Blvd, Cupertino, CA 95014 Date of Birth: UNK Other Identification: UNK [, the undersigned, being the duly authorized custodian of records for: City of Cupertino City Clerk 10300 Torre Avennue, Cupertino, CA 95014 A thorough search of our files made by me or under my direction and control revealed no records, documents, or other things described in any attaclunent or letter presented to me, no such records exist in our files. It is also understood that this affidavit is limited to the information supplied to me, and such records may exist under another name, spelling, or other identifying data. DESCRIPTION OF THE RECORDS REQUESTED See attachment '3' regarding the description of records to be produced pertaining to 10520 S. De Anza Blvd, Cupertino, CA 95014. Records Requested Never Existed Destroyed / Purged Lost Retention Policy & Other Explanations Medical ❑ ❑ Billing H H X -Rays / Films H H Employment ❑ ❑ —' Payroll I I I I Insurance ❑ ❑ Other I hereby declare under penalty of per jury under the laws of the State of California, that the foregoing is trite and correct. Executedon: _at____________________________________________________ Print Name Date City and State SIGNED Signature of Custodian of'Records Phone: Order#:6976976-01/AB17_NoRec^1 �ABh Document Su - - pport Services IN�I Huntington 12283372 WITNESS FEE ACCOUNT 9 10459 MOUNTAIN VIEW AVE, SUITE C, LOMA LINDA CA 92354 25-2/440 O 0 6976976-01 P Fifteen and 00/100********************* A Y DATE October 7, 2025 AMOUNT $15.00*** 8 TO THE City of Cupertino City Clerk _►° ORDER 10300 Torre Avennue OF Cupertino, CA 95014 AUTHORIZED SIGNATURE NP 1"1228337211- s:0 4 40000 2 4i: 0 18 9 40 308 211'