philip j. layfield and layfield & barrett, apc subpoena

8/17/2019 Philip J. Layfield and Layfield & Barrett, APC Subpoena

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r

I Raines FeIdmanLLP

Lawyers

Beverly Hills

9720 Wilshire Boulevard

th

Floor

Beverly Hills California 90212

Irvine

18401 Von Karman Avenue Suite 360

Irvine California 92612

Main: 310.440.4100

www.raineslaw.com

Fax: 310.691.1238

[email protected]

May 3 2016

VI PERSON L DELIVERY

Custodian of Records

CT Corporation System

o

Glassdoor Inc.

818 W.

7th

Street Ste. 930

Los Angeles CA 90017

Re:

hilip J Layfield v Does 1 through 25 et al

Los Angeles Superior Court Case No BC618139

Dear Custodian of Records:

Enclosed is a Deposition Subpoena for Production of Business Records regarding

user information relevant to the above captioned case. The Subpoena is duly issued and

is being served upon you pursuant to the California Discovery Act.

Because the records requested must be authenticated I am also enclosing a form

Declaration of Custodian of Records that you may use for that purpose if your company

does not have its own declaration that is compliant with California Evidence Code

§ 1561 which requires such declarations to include a description of the records

produced and the mode of preparation.

Although the enclosed subpoena specifies production of records at our legal

document reproduction company you may instead make a direct production to our

office. Also I would be happy to provide you with electronic copies of any of the


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SUBP 010

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and ed ess):

FOR COURT USE ONI.

V

_Erik S. Syverson (State Bar No. 221933)

RAINES FELDMAN LLP

9720 Wilshire Boulevard,

5 h

Floor

Beverly Hills, California 90212

TELEPHONE NO.:

(310) 440-4100

AX NO.:

(310) 765-7730

E-MAIL ADDRESS:

[email protected]

ATTORNEY FOR (Name):

Plaintiffs Philip J. Layfield and Layfield Barrett, APC.

SUPERIOR COURT

OF

CALIFORNIA COUNTY OF

Los Angeles

STREET ADDRESS:

111 North Hill Street

MAILINGADDRESS:

111 North Hill Street

CITYANDZIPCODE:

Los Angeles, California 90012

BRANCH NAME:

Central District

PLAINTIFF PETITIONER: Philip J. Layfield; Layfield Barrett, APC.

DEF ENDANT R ESPONDENT:

Does I through 25

DEPOSITION SUBPOENA

CASE

ER

8 39

FOR PRODUCTION OF BUSINESS RECORDS

THE PEOPLE O F THE STATE OF CALIFORNIA, TO

name, address, and telephone number of deponent, If known):

CT Corporation System,

o

Glassdoor,Inc. 818W.

7th

Street, Ste. 930, Los Angeles, California 90017

1. YOU ARE UIItKW

TO PIKUDU E THE

USINSS RECORDS

described In Item 3, as follows:

To

name of deposition officer):

ProLegal

On date):

May 24, 2016

t time):

10:00 a.m.

Locat ion address):

17921 Sky Park Circle, Suite C, Irvine, CA 92614

Do not release the requested records to the deposition officer prior to the date and time stated above.

D Q

by delivering a true, legible, and durable copy of the business records described in item 3, enclosed in a sealed Inner

wrapper with the t it le and number of the action, name of witness, and date of subpoena clearly writ ten on it, The inner

wrapper shal l then be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposit ion off icer at the

address In Item 1.

by delivering a true, legible, and durable copy of the business records described In Item 3 to the deposit ion officer at the

witness s address, on receipt of payment in cash or by check of th e reasonable costs of preparing the copy, as determined

under Evidence Code sect ion 1563(b).

y making th e original business records described in I tem 3 avai lable for inspection at your business address by the

at torney s representat ive and permit t ing copying at your business address under reasonable condit ions during normal

business hours,

2. The records are to be produced by the date and time shown in Item I but not sooner than

20 days

after the Issuance of the

deposition subpoena, or 15

days

after seivice, 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 produce d are described as fol lows

if electronically stored information/s demanded, the form or

forms in which

each

type of information is to be produced may be specified):

Cont inued on At tachment 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 O BJECTION HAS BEEN

SERVED ON YOU A COURT ORDER OR AGREEMENT OF THE PARTIES WITNESSES

ND

CONSUMER OR EMPLOYEE

AFFECTED MUST BE OBTAINED BEFORE

YOU ARE REQUIRED TO

PRODUCE CONSUMER OR EMPLOYEE RECORDS

DISOBEDIENCE OF THIS SUBPOENA MA Y BE PUNISHED AS CONTEMPT BY THIS COURT YOU WILL ALSO BE LIABLE

OR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM

AILURE TO OBEY.

Date issued: May 2, 2016

REO

Erik S. Syverson

(TYPE OR PRINT NAME)

PERSON ISSUING SUBPOENA)

Attorney for Plaintiffs

(TITLE)

(Proof of service on reverse)

age 1*f 2

Form Adopted for Mendatoi-y Use

EPOSITION SUBPOENA FOR PRODUCTION

ode of Civil Procedure,

6 §

2020410-2020.440:

Judidml CouncIl of California

SUOP-OlO [Rev. January 1,20121

F BUSINESS RECORDS

overnrnenl Code. § 6809,1

avew.courfs.ca.gov


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SUBP 01O

PLAINTIFF/PETITIONER:

Philip J. Layfleld and Layfield & Barrett APC,

ASE NUMBER:

C618139

DEFENDANT/RESPONDENT:

Does 1 through 25

PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR

PRODUCTION OF BUSINESS RECORDS

1

I served this

Deposition Subpoena for Production of Business Records

by personally delivering a CO PY to the person served

as follows:

Person served

name):

Address where served:

Date of delivery:

Time of delivery:

(1)

itness fees were paid.

Amount

...............................

$

(2)

0

Copying fees were paid.

Amount

. ................................

Fee for service' .................................. $

2. I received this subpoena for service on

date):

3. Person serving:

Not a registered California process server.

0

California sheriff or marshal.

Registered California process server.

0

Employee or independent contractor of a registered California process server.

El

Exempt from registration under Business and Professions Code section 22350(b).

Registered professional photocopier.

Exempt from registration under Business and Professions Code section 22451.

Name, address, telephone number, and, if applicable, county of registration and number:

I doclare under penalty of perjury under the laws of the State of

For California sheriff or marshal use only)

California that the foregoing is true and correct, certify that the foregoing is true and correct.

Date:

ate:

(SIGNATURE)

SIGNATURE)

SUBP.010 tRov. .kinuary 1. 20121

EPOSITION SUBPOENA FOR PRODUCTION

OF BUSINESS RECORDS

Aneiliii LeaINeI, Ii,c.

fQ uW,rIFIow.com


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TTACHMENT 3

2

O DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS

3

EFINITIONS AND INSTRUCTIONS

4

.

DOCUMENT or DOCUMENTS refers to writings as defined by California

5

vidence Code § 250 and includes, but is not limited to, the original and all drafts of all written or

6

raphic matter, however produced or reproduced, of any kind of description, and all copies thereof

7

which are different from the original (whether different by interlineation, receipt stamp, notation,

8

ndication of copies sent or received, or otherwise), whether printed or recorded electronically or

9

magnetically or reproduced by hand.

10

.

he term PERSON shall mean and include all natural persons, as well as

orporations, partnerships, and other business entities.

12

.

he phrases RELATE TO, RELATING TO, or RELATED TO as used

13

herein, shall mean, in whole or in part, constituting, containing, embodying, reflecting, regarding

14

referring to, concerning, identifying, stating, implying, evidencing, supporting, documenting,

15

memorializing, mentioning, or in any way relating or pertaining to, the subject designated.

16

.

he terms ANY, EACH, or ALL shall be read to be all inclusive and to

17

require the production of each and every DOCUMENT responsive to a particular request for

18

production in which such term appears.

19

.

he terms YOU AND YOUR as used herein, shall mean and refer to

20

Glassdoor, Inc., the entity that owns the website www.glassdoor.com

, and YOUR present and

21

former agents, representatives, employees, attorneys, accountants, auditors, investigators, and all

22

other person(s) acting or purporting to act on YOUR behalf.

23

.

he phrase IDENTIFYING INFORMATION as used herein, shall mean any

24

information that can be used to identify individuals, including, but not limited to, names,

5

addresses, telephone numbers, email addresses, usemames, Internet Protocol ( IP ) addresses,

26

erver log entries, methods of payment, credit card information, billing records, and any Inten1et

27

Service Providers ( ISP ) associated with these individuals.

28

ATTACHMENT 3


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1

.

s used herein, the connectives

4

nd or shall be construed conjunctively or

2

disjunctively, as necessary, to make the requests inclusive rather than exclusive to bring within the

3

cope of the discovery request all responses that might otherwise be construed to be outside of its

4

scope.

. s used herein, any and all references to the singular in any of these requests shall

6

also include a reference to the plural, and any and all references to the plural shall include a

7

reference to the singular.

8

OCUMENT REOUESTS

9

REQUEST FOR PRODUCTION NO. :

1

NY and ALL DOCUMENTS in YOUR possession, custody, or control, that state, list,

11

describe, or refer to IDENTIFYING INFORMATION RELATED TO the PERSON(S) who

12

authored, submitted for publication or posted to YOUR website, www.glassdoor.com

, the review

13

ated March 28, 2016 and entitled Bad place to work (this company just changed its name)

14

esearch Layfield & Wallace , that appeared at https ://www.glassdoor. comlReviews/Layfield-

15

nd-Barrett-Reviews-Eli

50756 htm

16

REQUEST FOR PRODUCTION NO.2:

17


18


19


, the review

2

dated December 4, 2015 and entitled Deceptive, Unethical, Poorly Managed, No Sense of

21

irection , that appeared at https ://www.glassdoor.cornlReviews/Layfield-and-Wall ace-Reviews-

22

l 00461 8 htrn

23

REQUEST FOR PRODUCTION NO.3:

24


25


26


, the review

27

dated December 3, 2015 and entitled You will HATE working here - Please read all the

28

ATTACHMENT 3


7/11

1

eviews , that appeared at https://www.glassdoor. comlReviews/Layfield-and-Wallace-Reviews-

2

E100461 8.htm.

3

REQUEST FOR PRODUCTION NO 4:

4


5


6


, the review

7

dated October 9, 2015 and entitled Working Here is Psychological Torture , that appeared at

8

ttps ://www.glassdoor. comlReviews/Layfield-and-Wallace-Reviews-E 1004618 .htm

9


1


11


12


, the review

13

dated September 27, 2015 and entitled New Admitees Beware , that appeared at

14

ttps ://www.glassdoor.comlReviews/Layfield-and-Wallace-Reviews-E 1004618 .htm

15


16


17


18


, the review

19

dated September 7, 2015 and entitled For the love of God, do NOT work here , that appeared at

20

ttps ://w ww.glassdoor.cornlReviews/Layfield-and-Wall ace-Reviews-E 100461 8_P2 .htrn.

21


22


23


24


, the review

5

ated August 3, 2015and entitled Anyone who give this place a full rating has literally just started

26

orking there , that appeared at https ://www. glassdoor.cornlReviews/Layfield-and-Wallace-

27

eviews-E100461 8P2.htrn.

28

ATTACHMENT 3


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9/11

1 REQUEST FOR PRODUCTION NO 12:

2


3


4


, the review

5 dated April 2, 2016 and entitled Don't let the name change fool you, read the reviews for

6

Layfield & Wallace. This is Phil Pesin's way of 'starting fresh , that appeared at

7

ttps://www.glassdoor.comlReviews/Layfield-and-Barrett-Reviews-E

11 50756 htm

8

9

1

11

12

13

14

15

16

17

18

19

2

21

22

23

24

25

26

27

28

TTACHMENT 3


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2

3

4

6

7

8

9

10

11 PHILIP J. LAYFIELD, an individual and

LAYFIELD BARRETT, APC., a California

12

professional corporation,

13

laintiffs,

14 v.

15

DOES 1 through 25, inclusive,

16

efendants.

17

8

19

20

21

22

23

24

25

26

27

28

CASE NO. BC618139

[Unlimited Jurisdiction]

DECLARATION OF CUSTODIAN OF

RECORDS FOR AUTOMATTIC INC.

PURSUANT TO CALIFORNIA EVIDENCE

CODE

§

1561

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

DECLARATION OF CUSTODIAN OF RECORDS


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1

ECL R TION OF CUSTODI N OF RECORDS

2

eclare and state as follows:

3

.

am the duly authorized custodian of records for Glassdoor, Inc., and I have

4

authority to certify such records.

.

y business address is

6

.

was served with a civil subpoena duces tecum in the above-captioned proceeding

8

(the Subpoena ).

9

.

he copies produced in response to the Subpoena are true and correct copies of all

1 ecords requested in the Subpoena, which are in my possession as custodian of records.

11

he original records from which the accompanying copies were made have been

12

repared by

in the ordinary course of business at or

13

ear the times of the acts, conditions or events recorded therein.

14

. he records are identified as follows:

15

16

17

18 he following is a description of the mode of preparation:

19

2

21

22

23

declare under penalty of perjury under the laws of the State of California that the

24

oregoing is true and correct and that this declaration was executed on 2016, at

25

26

27

eclarant

28

DECLARAT ION OF CUSTODIAN OF RECORDS

philip j. layfield and layfield & barrett, apc subpoena

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