Attorney, Esq.

(SBN XXXXXX)
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LAW OFFICES OF ATTORNEY, PC
2 ______ Broadway, ____ Floor
Oakland, California 94612
3 Telephone: XXXXXXXX
Facsimile: XXXXXXXX
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Email: attorney@law.com
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Attorney for Plaintiffs
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SUPERIOR COURT FOR THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF ALAMEDA
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XXXXXX FORMAN; XXXXXX and Case No.: XXXXXX
11 DAVID XXXXXX,
NOTICE OF TAKING DEPOSITION OF
12 XXXXXX SMITH WITH REQUEST
Plaintiffs,
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FOR PRODUCTION OF DOCUMENTS
vs.
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XXXXXX GARDNER; CRESCENT LLC;
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XXXXXX and DOES 1-30, inclusive,
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Defendants.
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20 TO DEFENDANTS AND THEIR ATTORNEY OF RECORD:

21 PLEASE TAKE NOTICE that Plaintiff through their attorney, will take the deposition
22 of Defendant XXXXXX SMITH on October 12, 2020 at 10:00 AM by remote audio and/or
23 video conference before a duly qualified notary public of the State of California and said

24 deposition will be coordinated by Veritext Legal Solutions.  Said deposition to continue from
day to day, excluding Sundays and holidays, until completed.
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PLEASE TAKE FURTHER NOTICE that, pursuant to Section 2025.220(a)(5) and
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2025.330(c) of the California Code of Civil Procedure said deposition will be audio and/or
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video recorded. The deposition will be conducted remotely, using audio-visual conference
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technology, pursuant to CCP sections 2025.220 and 2025.330 and California Rules of Court

______ Smith, et al v. _____ Smith, et al.

Notice of taking Deposition with Production of Documents
 Emergency rule 11.  The court reporter will report the deposition from a location separate from
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the witness.  Counsel for the parties and their clients will be participating from various,
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separate locations.
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The court reporter will administer the oath to the witness remotely.  Each participating
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attorney may be visible to all other participants, and their statements will be audible to all
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participants.  All exhibits will be provided simultaneously and electronically to the witness and
6 all participants.  The court reporter will record the testimony, pursuant to CCP section
7 2025.220.  The audio-visual recording may be used at trial, pursuant to CCP section 2025.620.
8 PLEASE TAKE FURTHER NOTICE, that if the requested documents are not produced
9 the deposition will not go further and deponent will be ordered to return with said documents
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on another day. PLEASE TAKE FURTHER NOTICE, that any materials requested herein
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which are not produced at the time of the deponent's deposition will be specifically excluded at
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13 the time of trial and/or produced at the subsequent deposition at the deponent's counsel's

14 expense pursuant to Section 2034(a) of the California Code of Civil Procedure.

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INSTRUCTIONS AND DEFINITIONS
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A. You must produce all writings responsive to any of the following numbered requests,
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which are in your possession, custody, or control or subject to your control, wherever they may
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19 be located. The writings you must identify and produce include not only writings which you

20 presently possess, but also which are in the possession and/or control of your attorneys,
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accountants, bookkeepers, employees, representatives, investigators, experts or anyone else
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acting on your behalf.
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B. All writings responsive in whole or in part to any of the following requests shall be

25 produced in full, without abridgment, abbreviation, or expurgation of any sort. If any such
26 writings cannot be produced in full, produce the writing to the extent possible and indicate in
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your written response what portion of the document is not produced and why it is not produced.
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Notice of taking Deposition with Production of Documents
 If any of the requested documents have for any reason been destroyed, lost, or withheld, specify
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2 the reason(s) for such destruction, loss, or withholding, and state what information, knowledge,

3 or belief you do have concerning the lost, destroyed, unproduced documents, including a list of
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such documents. Any representation or inability to comply with a particular demand for
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inspection shall affirm that a diligent search and a reasonable inquiry have been made in an effort
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to comply with that demand. This statement shall also specify whether the inability to comply is

8 because the particular document or category of document has never existed, has been destroyed,
9 has been lost, misplaced, or stolen, or has never been, or is no longer in the possession, custody,
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or control of Defendant. The statement shall set forth the name, address and e-mail address of
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any natural person or organization known or believed by Defendant to have possession, custody,
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13 or control of that document or category of document.

14 C. You are required to produce not only the original or an exact copy of the original of all
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writings responsive to any of the following requests but also all copies of any such additional
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writings that bear any notes or markings not found on the originals and all preliminary,
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intermediate, final, and revised drafts of such writings.
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19 D. If an objection is made to an inspection demand contained herein and documents are

20 withheld from production on the basis of a claim of privilege or other statutory authority, please
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identify each document by setting forth the following:
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a. The author;
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b. The address(es);

25 c. The e-mail address(es);

26 d. The date(s);
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e. A description of the type of document;
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Notice of taking Deposition with Production of Documents
 f. The subject matter;
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2 g. The number of pages;

3 h. Indicated or blind copies;

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i. Its present or last known custodian;
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j. The factual and legal basis for the claim of privilege or the specific statutory authority
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that provides the basis for non-production.

8 If you object to the production and inspection of any requested document on the grounds
9 set forth above, furnish a descriptive list of all documents as to which a privilege is claimed
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sufficient to enable the court to make a determination as to whether the privilege claimed is
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applicable.
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13 DEFINITIONS

14 A. For purposes of this and the following Requests for Production, the term “IDENTIFY” in
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connection with a document means to state the title of the document, the subject of the
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document, the date borne by the document, the author, and the recipient(s). The
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document may be attached as an exhibit to the response and referred to in the response.
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19 For purposes of these Requests for Production, the term “DOCUMENTS” as used herein

20 is broadly inclusive and conforms to the definition thereof set out in California Evidence
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Code § 250 and the decisional authority construing that section, and includes any audio
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and video recordings, and the documents existing in any electronic form.
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B. The words “WRITING” and “WRITINGS” and ‘WRITTEN” and “DOCUMENT” and

25 “DOCUMENTS” all mean and includes all WRITING, WRITING, printing,

26 photostating, photographing, photocopying, transmitting by electronic mail or facsimile,
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and every other means of recording upon any tangible thing, any form of communication
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Notice of taking Deposition with Production of Documents
 or representation, including letters, words, pictures, sounds, or symbols, or combinations
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2 thereof, and any record thereby created, regardless of the manner in which the record has

3 been stored. This definition includes, but is not limited to any and all original, copies or
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drafts of any of the following: records, notes, summaries, schedules, contracts or
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AGREEMENTS, orders or acknowledgments, diaries, reports, forecasts or appraisals,
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memoranda of telephone or in PERSON conversations by or with any PERSON, or any

8 other memoranda; letters, telegrams, telexes, or cables prepared, drafted, received or sent,
9 tapes, transcripts or recordings; photographs, pictures, films, or videotapes, computer
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discs, programs or data other graphic, symbolic, recorded or WRITTEN material of any
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nature whatsoever. Any DOCUMENT which is in any respect different from another
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13 DOCUMENT, including but not limited to differences due to any additional or deleted

14 comment, notation, addition, insertion or marking of any kind is to be considered a

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separate DOCUMENT.
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C. “REFLECT” and “REFLECTING” mean concerning, describing, relating to, referring to,
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constituting, embodying, reflecting, identifying, stating, evidencing, and/or
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19 substantiating.

20 D. The terms “REFER TO” and “REFER OR RELATE TO” and “RELATING TO,” mean
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concerning, supporting, reflecting, relating to, referring to, describing, evidencing,
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identifying, pertaining to or constituting.
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E. “COMMUNICATION(S)” means any manner or form of information, memorandum,

25 notes or message transmission, email, letter, however produced or reproduced, whether

26 by “DOCUMENT” as herein defined or orally or otherwise, which is made or distributed
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or circulated between or among PERSONS, or computer devices or processing units, and
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Notice of taking Deposition with Production of Documents
 any and all DOCUMENTS containing, consisting of, or relating or referring, in any way,
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2 either directly or indirectly to, a communication.

3 F. “PLAINTIFF” refers to the named Plaintiff -SMITH and ________SMITH.

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G. “DEFENDANT” refers the named DEFENDANTS XXXXXX SMITH, as an individual
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and DOES 1-30.
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H. “PERSON” or PERSONS” includes a natural PERSON, firm, association, organization,

8 partnership, corporation, limited liability company, or public entity.

9 I. “YOU/YOUR(S)” means defendant XXXXXX SMITH.
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J. “AGREEMENT” refers to and includes any AGREEMENT entered into by any named
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PLAINTIFF and named DEFENDANTS.
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13 K. “CLAIM(S)” is defined as the allegations, CLAIMS or causes of action in PLAINTIFF’S

14 COMPLAINT for Damages, served on the DEFENDANT and filed on 09/XX/2019.

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L. “COMPLAINT” refers to PLAINTIFF’S COMPLAINT for Damages, served on
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Defendants and filed on 09/XX/2019.
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M. “SUBJECT PROPERTY” refers to the PROPERTY located at ___________, Richmond
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19 CA, 94806, including all common areas.

20 N. “DESCRIBE” means that the person or entity to whom the interrogatory or subpart
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thereof is directed should state what is requested to be described, including all facts and
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opinions known and held regarding, relating to, or pertinent to what is requested to be
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described, and (i) the identity of each person or entity involved or having any knowledge

25 of each fact or opinion that relates to what is so described, (ii) the identity of each
26 document evidencing the answer or response given or relating, referring or pertaining to
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said subject-matter in any way, and (iii) all relevant or material dates and time periods,
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Notice of taking Deposition with Production of Documents
 specifying the way in which said dates or time periods are pertinent to the subject-matter
1

2 described.

3 O. As used herein, the phrase “IN YOUR POSSESSION” and/or “UNDER YOUR
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CONTROL” includes, but is not limited to, DOCUMENTS which are available to YOU,
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upon request, from third parties.
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P. “PERIOD” refers to the period between March 31, 2017 to present.

8 REQUESTS FOR PRODUCTION

9 1. Provide any and all DOCUMENTS that REFER, REFLECT OR RELATE to any
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COMMUNICATION YOU contend that YOU gave or sent to PLAINTIFF at any time.
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2. Provide any and all DOCUMENTS that REFER, REFLECT OR RELATE any repairs or
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13 maintenance made on the PLAINTIFF’S unit of the SUBJECT PROPERTY during the

14 PERIOD.
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3. Any and all DOCUMENTS that REFER, REFLECT OR RELATE to ownership of the
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SUBJECT PROPERTY during any portion of the term of PLAINTIFF’S tenancy.
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4. Any and all DOCUMENTS that REFER, REFLECT OR RELATE to any lease, rental
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19 agreement, subletting agreement, or any other agreement with PLAINTIFF related to the

20 SUBJECT PROPERTY.
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5. Any and all DOCUMENTS that REFER, REFLECT OR RELATE to any and all
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COMMUNICATION that YOU received from any government, government agency or
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government department and/or bureau including any aforementioned entity responsible

25 for building inspection and code compliance, building permits, safety inspection, and fire
26 prevention for residential rental units related to the SUBJECT PROPERTY.
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6. Any and all DOCUMENTS that REFER, REFLECT OR RELATE to any and all training,
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Notice of taking Deposition with Production of Documents
 education or experience YOU possess in the area of building repair, building
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2 management, building maintenance, construction, and/or maintenance of residential

3 rental units.
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7. All DOCUMENTS that REFER TO, RELATE TO, OR REFLECT any of the information
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provided in YOUR responses to Form Interrogatories No. 4.1 and 4.2.
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8. All DOCUMENTS that REFER TO, RELATE TO, OR REFLECT any of the information

8 provided in YOUR responses to Form Interrogatories No. 7.1 through 7.3.

9 9. All DOCUMENTS that REFER TO, RELATE TO, OR REFLECT any of the information
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provided in YOUR responses to Form Interrogatories No. 12.1 through 12.6.
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10. All DOCUMENTS that REFER TO, RELATE TO, OR REFLECT any of the information
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13 provided in YOUR responses to Form Interrogatories No. 13.1 and 13.2.

14 11. All DOCUMENTS that REFER TO, RELATE TO, OR REFLECT any of the information
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provided in YOUR responses to Form Interrogatory No. 15.1.
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12. All DOCUMENTS that REFER TO, RELATE TO, OR REFLECT any of the information
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provided in YOUR responses to Form Interrogatories No. 16.1 through 16.10.
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19 13. Any and all DOCUMENTS that REFER, REFLECT OR RELATE to and/or IDENTIFY

20 any and all contractors, subcontractors, workmen, or any other business entities or
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individual that performed any work and/or maintenance of PLAINTIFF’S unit during the
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term of YOUR ownership or management of the SUBJECT PROPERTY.
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14. Any and all DOCUMENTS that IDENTIFY the individual or business entity responsible

25 for residential property management at the SUBJECT PROPERTY at any time during
26 PLAINTIFF’S tenancy.
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15. Any and all DOCUMENTS including photographs and video tape that depict the
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______ Smith, et al v. _____ Smith, et al.

Notice of taking Deposition with Production of Documents
 SUBJECT PROPERTY in any manner or degree at any time.
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2 16. Any and all DOCUMENTS including photographs that depict, REFER, RELATE

3 AND/OR REFLECT PLAINTIFF’S rental unit at the SUBJECT PROPERTY.

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17. Any and all DOCUMENTS that REFER, REFLECT OR RELATE the rent and security
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deposit paid by PLAINTIFF to YOU at any time.
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18. Any and all DOCUMENTS that REFER, REFLECT OR RELATE to YOUR insurance

8 policies covering all or any part of PLAINTIFF’S claims alleged in PLAINTIFF’S

9 Complaint.
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19. Provide any and all DOCUMENTS that REFER, RELATE AND/OR REFLECT any
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inspection of the SUBJECT PROPERTY for safety and/or maintenance made by YOU or
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13 on YOUR behalf at any time including but not limited to all inspections prior to and

14 during YOUR purchase of the SUBJECT PROPERTY, including but not limited to any
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disclosures of maintenance, repair or hazards at the SUBJECT PROPERTY.
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20. Any and all DOCUMENTS that REFER TO, RELATE TO OR REFLECT to all purchase
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inspection and appraisal reports including structural engineer, termite, property and
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19 building appraisal, or an inspection by any contractor performed for YOU and/or the

20 seller of the SUBJECT PROPERTY arising out of YOUR purchase of the SUBJECT
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PROPERTY, including but not limited to any disclosures of maintenance, repair or
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hazards at the SUBJECT PROPERTY.
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21. Any and all DOCUMENTS that REFER TO, RELATE TO OR REFLECT to the title

25 company involved in YOUR purchase of the SUBJECT PROPERTY.

26 22. Provide any and all DOCUMENTS that REFER, REFLECT OR RELATE to any
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COMMUNICATION YOU received from PLAINTIFF at any time.
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Notice of taking Deposition with Production of Documents
 23. Provide any and all DOCUMENTS that REFER, REFLECT OR RELATE to any
1

2 COMMUNICATION YOU sent in any manner, and/or gave to PLAINTIFF at any time.

3 24. Provide all DOCUMENTS that REFER, REFLECT OR RELATE to any complaints by
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any person or business entity regarding the PLAINTIFF.
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25. Provide all DOCUMENTS YOU sent or gave to any other DEFENDANT in this action.
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26. Any and all DOCUMENTS that REFER, REFLECT OR RELATE to DEFENDANT’s

8 efforts to sell PLAINTIFF’S rental unit at the SUBJECT PROPERTY at any time.
9 27. All DOCUMENTS that YOU received from any person or entity responsible in any
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manner for property maintenance and/or property management of the SUBJECT
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PROPERTY regarding PLAINTIFF or PLAINTIFF’S rental unit.
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13 28. Any and all DOCUMENTS that REFER, REFLECT OR RELATE to YOUR rent log for

14 PLAINTIFF and PLAINTIFF’S unit at the SUBJECT PROPERTY.

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29. Any and all email COMMUNICATIONS regarding PLAINTIFF sent to anyone other
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than YOUR attorney.
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30. Any and all Unlawful Detainer Answers that indicate common area repair and/or
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19 maintenance issues at the SUBJECT PROPERTY.

20 31. Any and all DOCUMENTS that REFER, REFLECT OR RELATE to repairs and/or
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maintenance of PLAINTIFF’s unit or the common areas of the SUBJECT PROPERTY
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during the term of PLAINTIFF’s tenancy.
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32. Any and all DOCUMENTS that REFER, REFLECT OR RELATE any requests for

25 repairs and/or maintenance and/or complaints from prior tenant(s) who occupied
26 PLAINTIFF’S unit of the SUBJECT PROPERTY.
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33. Any and all DOCUMENTS that REFER TO, RELATE TO, OR REFLECT
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Notice of taking Deposition with Production of Documents
 PLAINTIFF'S rental payments and security deposit.
1

2 34. Any and all DOCUMENTS that REFER TO, RELATE TO, OR REFLECT vendors used

3 by DEFENDANT during term of PLAINTIFF’S tenancy at the Subject Property.

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35. Any and all DOCUMENTS that REFER TO, RELATE TO, OR REFLECT changes in
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terms of tenancy made by any party in the present action.
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36. Any and all DOCUMENTS that REFER TO, RELATE TO, OR REFLECT any written

8 notice to PLAINTIFF that YOU or someone on YOUR behalf intended to enter the
9 PLAINTIFF’S rental unit.
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37. Any and all DOCUMENTS that REFER TO, RELATE TO, OR REFLECT any and all
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email communications from YOU to any property manager, community manager and/or
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13 maintenance employee regarding the SUBJECT PROPERTY and/or PLAINTIFF during

14 the PERIOD.
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38. Any and all DOCUMENTS that REFER TO, RELATE TO, OR REFLECT any and all
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email communications to YOU from any property manager, community manager and/or
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maintenance employee regarding the SUBJECT PROPERTY and/or PLAINTIFF during
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19 the PERIOD.

20 39. Any and all records, notes, memorandum and/or COMMUNICATION of any kind
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regarding any meeting YOU had wherein you discussed and/or reviewed any repairs
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and/or maintenance on the SUBJECT PROPERTY and/or PLAINTIFF.
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40. Any and all DOCUMENTS that REFER TO, RELATE TO, OR REFLECT the identity

25 any extermination company YOU hired to perform services at the subject property from
26 during the PERIOD.
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41. Any and all DOCUMENTS that REFER TO, RELATE TO, OR REFLECT rent logs
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Notice of taking Deposition with Production of Documents
 related to PLAINTIFF.
1

2 42. Any and all DOCUMENTS that REFER TO, RELATE TO, OR REFLECT any Unlawful

3 Detainer complaint filed by YOU or on YOUR behalf related to the SUBJECT

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PROPERTY.
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43. Any and all DOCUMENTS that REFER TO, RELATE TO, OR REFLECT any Answers
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to any Unlawful Detainer complaints filed by YOU or on YOUR behalf related to the

8 SUBJECT PROPERTY.
9 44. Any and all DOCUMENTS that REFER TO, RELATE TO, OR REFLECT any notice
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YOU have of any criminal activity in the common areas of the SUBJECT PROPERTY.
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45. Any and all DOCUMENTS from YOUR Certified Public Accountant that indicate any
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13 repairs and or maintenance you made to PLAINTIFF’S unit and/or the common areas of

14 the SUBJECT PROPERTY from during the PERIOD.

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46. Any and all DOCUMENTS from any of YOUR tax returns from during the PERIOD to
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present that REFER TO, RELATE TO, OR REFLECT any repairs and/or maintenance
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YOU paid for regarding the PLAINTIFF’S unit or the common areas of the SUBJECT
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19 PROPERTY.

20 47. Any and all DOCUMENTS that REFER TO, RELATE TO, OR REFLECT the identity of
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any maintenance worker employed by YOU during the PERIOD to present that
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performed any work on PLAINTIFF’S unit or the common areas at the SUBJECT
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24
PROPERTY.

25 48. Any and all DOCUMENTS that REFER TO, RELATE TO, OR REFLECT any Notice of
26 Entry YOU gave to PLAINTIFF during PLAINTIFF’S tenancy.
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49. Any and all DOCUMENTS from any law enforcement agency that REFER TO, RELATE
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Notice of taking Deposition with Production of Documents
 TO, OR REFLECT that agency's presence at the SUBJECT PROPERTY during the
1

2 PERIOD.

3 50. Any and all DOCUMENTS from any extermination company, that REFER TO, RELATE
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TO, OR REFLECT any work done at the SUBJECT PROPERTY during the PERIOD.
5
51. Any and all DOCUMENTS that REFER TO, RELATE TO, OR REFLECT any
6

7
inspections of the SUBJECT PROPERTY, including but not limited to PLAINTIFF’S

8 unit and all common areas, performed by any person, business, nonprofit, and/or
9 government entity during the PERIOD.
10
52. Any and all DOCUMENTS which evidence, substantiate or support YOUR responses to
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Form Interrogatories Nos. 14.1 and 14.2.
12

13 53. Any and all DOCUMENTS evidencing YOUR receipt of rent during the entire course of

14 PLAINTIFF’S tenancy at the SUBJECT PROPERTY.

15
54. Any and all DOCUMENTS evidencing, referencing or memorializing any inspection of
16
the SUBJECT PROPERTY at any time during the course of PLAINTIFF’S tenancy.
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55. Any and all DOCUMENTS evidencing, referencing or memorializing YOUR
18

19 communication with the government of the city and county in which the SUBJECT

20 PROPERTY is located, and/or any representative thereof, regarding the SUBJECT

21
PROPERTY.
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56. Any and all DOCUMENTS received by YOU from any vendor or contractor concerning
23

24
work performed to or services provided at the SUBJECT PROPERTY.

25 57. Any and all DOCUMENTS evidencing, referencing or memorializing any notice to YOU
26 of repairs, services, or maintenance to be performed to the SUBJECT PROPERTY.
27
58. Any and all IRS 1040 Schedule E forms reflecting YOUR expenditures on the SUBJECT
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Notice of taking Deposition with Production of Documents
 PROPERTY.
1

2 59. Any and all DOCUMENTS which REFER TO, RELATE TO, OR REFLECT any Vector

3 Control inspections performed at the SUBJECT PROPERTY at any time.

4
60. Any and all DOCUMENTS which REFER TO, RELATE TO, OR REFLECT YOUR
5
actions undertaken at the SUBJECT PREMISES to comply with city and/or county
6

7
and/or state requirements for carbon monoxide detection.

8 61. Any and all DOCUMENTS which REFER TO, RELATE TO, OR REFLECT any
9 COMMUNICATIONS between DEFENDANTS and any PERSON involving any sale
10
and/or purchase of the SUBJECT PREMISES during the PERIOD.
11

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13 Dated: May 12, 2023 LAW OFFICES OF ATTORNEY, PC

14
___________________________________
15
Attorney, Esq.
16 Attorney for Plaintiff

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Notice of taking Deposition with Production of Documents