HomeMy WebLinkAboutRP 88-04; Kellar Flower Stand; Redevelopment Permits (RP) (6)ATTORNEY OR PARTY WITHOUT ATTORNEY IName and^^mssl: TELEPHONE NO.:
_ RICHARD BORG,ESQ. ^ (619)729-2313
2755 JEFFERSON STREET,SUITE 211*
CARLSBAD,CA 9 2 008
ATTORNEY FOR Wame/: DEFENDANT, LUBIN
NUMBER:
80759
NAME OF COURT MUNICIPAL COURT, NORTH. COUNTY JUDICIAL DIS":
POST OFFICE and 6 00 E. VALLEY PARKWAY
STREET ADDRESS: ESCONDIDO, CA
DEPOSITION SUBPENA
For Personal Appearance
Ix 1 and Production of
Documents and Things
PLAINTIFF/PETITIONER:
SIEGEL
DEFENDANT/RESPONDENT:
LUBIN
DEPOSITION SUBPENA
For Personal Appearance
Ix 1 and Production of
Documents and Things
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone No. of deponent, if known):
CHRIS ILI Alll 161TE, HOUSING & DEVELOPMENT DIRECTOR, 3021 JEFFERSON STREET
^^tOMOjgx CARLSBAD, CA 9 2008
1. YOU ARE ORDERED TO APPEAR IN PERSON TO TESTIFY AS A WITNESS in this action at the following time and place:
Date: 9/21/89 Time: 10 : 00am Address: 600 E. VALLEY PARKWAY
DIV. # 9 ESCONDIDO,CA
2.
X
I I As a deponent who is not a natural person, you are ordered to designate one or more persons to testify on your behalf as
to the matters described in item 3. (Code of Civil Procedure section 2025 (d)(6).)
Ix I You are ordered to produce the documents and things described in item 3.
I I This deposition wiil be recorded by j j audiotape j | videotape and stenographically.
I I This videotape deposition is intended for possible use at trial under Code of Civil Procedure section 2025 (u)(4).
]] The personal attendance of the custodian of records or other qualified witness I I and the production of the original documents
are required by this deposition subpena. The procedure authorized by Evidence Code sections 1560 (b), 1561, and 1562 will
not be deemed sufficient compliance with this subpena.
The documents and things to be produced and any testing or sampling being sought are described as follows:
ANY AND ALL ZONING AND PARKING REGULATIONS REGARDING 3021 JEFFERSON
STREET,CARLSBAD,CA 9 2008
J Continued on attachment 3.
A deposition permits an attorney to as/r questions of a witness who is sworn to tell the truth. An attorney for other parties may then
ask questions also. Questions and answers are recorded stenographically at the deposition; later they are transcribed for possible use
at trial. A witness may read the written record and change any incorrect answers before signing the deposition. The witness is entitled
to receive witness fees and mileage actually traveled both ways. The money must be paid, at the option of the party giving notice of
the deposition, either with service of this subpena or at the time of the deposition.
5. You are ordered to appear in this civil matter in your capacity as a peace officer or other person described in Government Code section
68097.1.
Date: Clerk, by , Deputy
DISOBEDIENCE OF THIS SUBPENA 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. y
Date issued: AUGUST 24,1989
(TYPE OR PRINT NAME)
SIGN FOR
(See reverse for proof of service)
Form Adopted by Rule 982
Judicial Cour>cil of California
982(a)(15.1) INew July 1, 1987)
DE^^ITION SUBPENA-PERSONAL APPEAR/^E
FORM 216A CO. CLK. C7--b7)
Code of Civil Procedure. SS 2020, 2025
(^1
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFOTOIA, COUNTV OF SAN DIEGO
TITLe OF CASE (Abbreviated)
SIEGEL V. LUBIN
ATTORNEY(S) NAME AND ADDRESS TELEPHONE
RICHARD BORG,ESQ. /AI 0^700 o-^i-.
2755 JEFFERSON STREET, SUITE 211 ^^^^)-^^
CARLSBAD,CA 9 2008
ATTORNEYIS) FOR:
DEFENDANT,LUBIN
HEARING DATE-TIME-DEPT
9/21/89 10:00am DIV.9
CASE NUMBER
80759
DECLARATION OF SERVICE BY MAIL
I, WENDY T. TRIPP declare: That I am, and was at the time of service of the
papers herein referred to, over the age of eighteen years, and not a party to the action; and I am
EMPLOYED _i„ Countv of SAN DIEGO
(Residing/Employed)
within which county the subject mailing occurred. My.
2250 FOURTH AVE.,SAN DIEGO,CA 92101
BUINESS
(Residence/Business)
California,
_ address is
I served the
(No., Street) (City, State)
following rinrnmpntr.^ DEPOSITION SUBPENA FOR PERSONAL APPEARANCE AND PRODUCTION
(set forth exact title of documents(s))
OF DOCUMENTS
by placing a copy thereof in a separate envelope for each addressee named hereafter, addressed to each such addressee respectively
as follows:
MITCHEL MEANEY,ESQ.
1140 UNION STREET,SUITE,400
SAN DIEGO,CA 92101
I then sealed each envelope and, with the postage thereon fully prepaid, deposited each in the United States mail at
SAN DTEGO California, on ATTGTT.gT 74 19 go
I declare under penalty of perjury under the laws of the State of California that the foregoing is and correct.
Executed on ATTGTT.qT 2 4
Form 9A Co. Clk. (Rev 1/85)
?ENDY
PROOF QFSflRVlCE BY
(C.C.P. 1013a and 201
ATTORNEY OR WkRTY WITHOUT ATTORNEY (Nanw and Addnssf: TELEPHONE NO.:
RICHABD L. BORG, ESQ.
2755 JEPFERSOH STREET
CARLSBAD CA 92008 619'729'2313
ATTORNEY FOR (Nmak DEFENDAUT r59589-'017
CASE NUMBER:
80759
NAME OF couRT/fOVrcrPJIL COURT OF CA., COUNTY OF SAN DIEGO
POST OFFICE and 500 E. VALLEY PARKWAY
STREET AOORES$?5COMZ>XZ>0/ CA 92025
DEPOSITION SUBPENA
For Production of Business Records PLAINTIFF t SIEGEL,
DEFENDANT : LUBIN,
DEPOSITION SUBPENA
For Production of Business Records
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name): The Custodian of Records of:
HOUSING fi RE- DEVELOPMENT DIRECTOR
1. YOU ARE ORDERED TO PRODUCE THE BUSINESS RECORDS described in item 3 as follows:
Deposition Officer (name): Knox Photocopy Service
Date: 09/19/89 Time: 2:00 p.m. .
Address: 2250 Fourth Avenue, San Diego, California 92101 (619) 233-9700
•
I I 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 subpena cleariy 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.
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).
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.
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
subpena, or 15 days after service, whichever date is later. Reasonable costs of locating records, making &iem 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 b« produced are described as foitows:
Any and all records of zoning, parking rBquiramenta and hearing's regarding
parking requiremsnta and petitions by MARSHALL LUBIN and GENS SIEGEL for that
property connonly known as 3021 Jefferson Street, Carlsbad, California.
FOR DATES OF: ANY AND ALL.
I I Continued on attachment 3.
DISOBEDIENCE OF THIS SUBPENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL Aj
SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBI
O BE LIABLE FOR THE
Date issued: ^^^^
RICHARD L. BORG, ESQ.
(TYPE OR PRINT NAME) * " ' * • (SIGNATURE OF PERS
ATTORNEY
IING SUBPENA)
w
(Tl
(See reverse for proof of service)
Form Adoptad by Rule 982
Judicial Council of Califbmia
982(a)(15.2) (New July 1, 1987)
DEPOSITION SUBPENA-BUSINESS RECORDS
Code of Civil Procedure §§ 2020.2025
Evidence Coda. §§ 1S60(el. 1563 (bid)
PLAINTIFF/PETITIONER: CASE NUMBER:
"DEFENDANT/RESPONDENT :
PROOF OF SERVICE OF DEPOSITION SUBPENA-BUSINESS RECORDS
1. I served this Deposition Subpena — Business Records by personally delivering a copy to the person served as follows:
a. Person served (name): The Custodian of Records of:
b. Address where served:
c. Date of delivery:
d. Time of delivery:
e. (1) Witness fees were paid.
Amount: $.
(2) I I Copying fees were paid
Amount: $.
f. Fee for service: $.
2. I received this subpena for service on (date):
3. Person serving
a. Not a registered California process server.
California sheriff, marshal, or constable
Registered California process server.
Employee or independent contractor of a registered California process server.
Exempt from registration under Bus. & Prof. Code section 22350(b).
Registered professional photocopier.
Exempt from registration under Bus. & Prof. Code section 22451.
Name, address, and telephone number and, if applicable, county of registration and number:
Knox Photocopy Service
2250 Fourth Avenue
San Diego, California 92101
(619) 233-9700
Registration No. 4
I declare under penalty of perjury under the laws of the-State
of California that the foregoing is true and correct.
(For Califomia sheriff, marshal, or constable use oniy)
I certify that the foregoing is true and correct.
Date: Date:
• • (SIGNATURE) (SIGNATURE)
982(a)(18.2) (New July 1, 1987) PROOF OF SERVICE
DEPOSITION SUBPENA-BUSINESS RECORDS
Page two
ATTORNEY OR PARTY WITHOUT ATTORNEY TELEPH^J^ FOR COURT USE ONLY
RICHARD L. BORG, ESQ. 619-729-2313
2755. JEFFERSON STREET,
CARLSBAD CA 92008
ATTORNEY FOR (Name) DEFENDANT [59589-01]
AGENTS: KNOX ATTORNEY SERVICE, INC (619) 233-9700
2250 Fourth Avenue; San Oiego, CA 92101
MUNICIPAL COURT OF CA., COUNTY OF SAN DIEGO
NORTH COUNTY JUDICIAL DISTRICT
600 E. VALLEY PARKWAY
ESCONDIDO, CA 92025
PLAINTIFF i
SIEGEL,
DEFENDANT :
LUBIN,
wrcnnc TAKING DEPOSITION AND NOTICE TO CONSUMER
NU 1 lUt (IF APPLICABLE)
CASE NUMBER
80759
To whom it may concern: With respect to the custodian of records for
HOUSING fi RE- DEVELOPMENT DIRECTOR
1. PLEASE TAKE NOTICE that the deposition of said Custodian of records is scheduled as follows
A. Date: 09/19/89 Time: 2:00 pm. • Dept • Div.: • Room:
b. KNOX ATTORNEY SERVICE, INC., a Corporation
2250 Fourth Avenue, San Diego, CA 92101 •
2. PLEASE ALSO NOTE that no personal appearance will be made. Said deposition will be taken pursuant to
Evidence Code Sections 1560(e) thru 1563(b) (1) and Code of Civil Procedure Sections 2020 thru 2025. True,
legible, and durable copies of ail the documents described in the Deposition Subpoena — Business Records,
which are certified by the above-named Custodian and which are delivered by mail or otherwise to the duly
authorized deposition notary at the place and on or before the date hereinabove shown will be accepted as
sufficient compliance by said Custodian. Upon payment of reasonable charges therefor, the deposition officer
shall furnish a copy of the certified records to any party entitled thereto.
3. Records about the consumer named in the Deposition Subpena — Business Records, are being sought from the
witness named above. If the consumer objects to the witness furnishing the records to the party seeking
the records, the consumer must file papers with the court prior to the date specified for production of the
subpena. If the party who is seeking the records will not agree in writing to cancel or limit the subpoena,
an attorney should be consulted about the consumer's interest in protecting the right of privacy.
4.1 certify that signature on the Proof of Service by Mail accompanying this notice attests to compliance with
Code of Civil Procedure Section 1985.3(b) (1) in giving constructive notice to the consumer whose records
are being sought.
Date:. August 21, 1989
NOTICE OF TAKING DEPOSITION AND NOTICE TO CONSUMER CCP 1985-1997 2020. 2025
EVIO C 1560 (el, 15631b) (1)
PROOF OF SERVICE BY MAIL
I am a resident of the STATE OF CALIFORNIA, COUNTY OF San Diego.
I am over the age of eighteen and not a party to the above entitled action; my business address is 2250 Fourth Avenue,
San Diego, California 92101.
On the date I executed this declaration, I served the Deposition Subpena — Business Records and Notice of Taking Deposition
and Notice to Consumer, on all appearing parties and upon any consumer regarding whom records are being sought,
by placing true copies thereof enclosed in a sealed envelope with postage hereon fully prepaid, in the United States
majl^t^n Dieg%^9^ddre|seJ^^follows:
JCnox Refix 59589-01
MICHAEL MEANEY, ESQ.
1140 UNION STREET, SUITE 440
SAN DIEGO, CA 92101
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on August 22, 1989 at San Diego, California
By y
Knox Attorney Service, Inc
OR, IN THE ALTERNATIVE:
I, the undersigned, say: I am the consumer or the attorney of record for the consumer whose records are being sought in
the within matter.
I hereby waive the time for Notice to Consumer under section 1985.3(b)(1); and further I acknowledge receipt of a copy of
said notice on the date and year set forth below.
I declare under penalty of perjury under the laws of the State of Qalifornia that the foregoing is true and correct.
Executed at , , California, on
Signature