NoticeCal. Super. - 6th Dist.November 19, 2020\OWQQUIhb-DNH NNNNNNNNNHHHHHHHHHH WQQMfiMNHGfiWQQMhMNH© 200V373765 Santa Clara - Civil Jennifer J. Hagan, CSB # 157127 HAGAN LAW, INC. 535 Middlefield Road, Ste 190 Menlo Park, CA 94025 Tel: (650) 322-8498 Email: Jhagan@Haganlaw.com Attorney for Defendants, RANDOLF F. LAMB, personally. Y. Cha Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/17/2021 11:35 PM Reviewed By: Y. Chavez Case #20CV373765 Envelope: 7083220 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA ROBERT D. HALL, AS TRUSTEE OF THE ROBERT D. HALL AND PATRICIA A. HALL REVOCABLE DECLARATION OF TRUST DATED MAY 7, 2007, DAN HALL, an individual, TOM SOSINE, an individual, and JON GUNDERSEN, an individual, Plaintiffs, V. 405 ALBERTO WAY, LLC, a California Limited Liability Company, RANDOLFH F. LAMB, an individual, LAMB PARTNERS, LLC, a California Limited Liability Company, and DOES 1 through 25, inclusive, Defendants. N0. 20-CV-373765 RANDY LAMB’S NOTICE OF MOTION TO QUASH AMENDED NOTICE OF DEPOSITION AND REQUEST FOR PRODUCTION OF DOCUMENTS, AND REQUEST FOR PROTECTIVE ORDER C.C.P. § 2025.410(c) and C.C.P. § 2025.420 DATE: , 2021 TIME: DEPT: Trial Date: None Complaint Filed: 1 1- 1 9-2020 Complaint Served: 1-13-2021 COMES NOW, DEFENDANT, Randolph J. Lamb, personally, and makes this motion to (1) Quash the Notice ofDeposition 0fRandolph F. Lamb, together with the requests for production of documents, and (2) for a Protective Order from the Court limiting the scope 0f documents for which Plaintiffs may request production, and limiting the scope 0f any oral deposition questions t0 only those questions relevant to the single cause 0f action in this case Which is breach 0f the Redemption Agreement. 1 LAMB’s NOTICE OF MOTION FOR ORDER TO QUASH No. 20CV373765 DEPOSITION NOTICE AND FOR PROTECTIVE ORDER GZ \OWQQUIhb-DNH NNNNNNNNNHHHHHHHHHH WQQMfiMNHGfiWQQMhMNH© This Notice and Opposition are made and based 0n the application 0f the statutory law pertaining t0 Motions to Quash (C.C.P. § 2025.410(c)) and Motions for Protective Orders (C.C.P. § 2025.420), the facts pertaining to the issuance 0fthe Amended Notice ofDeposition 0f Randolph F. Lamb, the arguments made in the Motion and Memorandum 0f Points and Authorities in Support 0f the Motion, and the Declaration 0f Jennifer Hagan which is filed in support of the Motion simultaneously herewith together With the Exhibits attached thereto. Prior t0 filing this motion, Randolph F. Lamb (hereinafter “Mr. Lamb”) met and conferred in writing with counsel for the issuing parties (the “Plaintiffs”) for several days and in multiple instances. Further, Mr. Lamb served a formal written Objection to the Amended Notice ofDeposition. The Objection is attached to the Declaration ofJennifer Hagan as Exhibit “C” in support of this motion. Mr. Lamb seeks t0 quash the Amended Notice 0fDeposition served 0n him on August 5, 2021, for a deposition and production 0f documents t0 take place on August 18, 2021, for the following reasons: 1. Requests for Production 0f Documents 1 through 9 are unduly burdensome, oppressive and unreasonable in the requests only provided Mr. Lamb with twelve (12) calendar days notice to locate the requested documents, and the requests are not reasonably calculated t0 lead t0 discovery of admissible evidence. In light 0f the of the limited time constraints imposed by the Notice, it is unreasonable and unduly oppressive to require Mr. Lamb t0 complete the necessary investigation prior to the deposition. Mr. Lamb objects t0 the Notice t0 the extent it seeks t0 impose obligations on him that exceed the scope 0f permissible discovery under the Discovery Act. The documents and other related communications sought by Requests for Production 0fDocuments 1 through 9 are overly broad, vague and ambiguous and therefore uncertain as to the scope of the request(s). The Plaintiffs’ have filed a lawsuit containing only one cause of action for breach 0f contract With respect t0 a Redemption Agreement. The documents and other related communications are, in part, not relevant t0 the sole cause 0f action in the Complaint insofar as the 2 LAMB’s NOTICE OF MOTION FOR ORDER TO QUASH N0. 20CV373765 DEPOSITION NOTICE AND FOR PROTECTIVE ORDER \OWQQUIhb-DNH NNNNNNNNNHHHHHHHHHH WQQMfiMNHGfiWQQMhMNH© requests d0 not pertain to the breach of contract claim of Plaintiffs. 3. With respect to Requests numbered 5, 6 and 8, the documents and communications sought are equally available t0 the noticing Plaintiffs. 4. With respect t0 Requests numbered 7 and 9, the documents and communications sought are, in part, protected by the attomey-client privilege. (CCP § 2025.460). 5. With respect t0 Requests numbered 7 and 9, the documents and communications sought are, in part, protected by the attorney work-product doctrine (CCP § 20 1 8 .03 O). 6. With respect t0 Requests numbered 7 and 9, the documents and communications sought are, in part, protected by Mr. Lamb’s right t0 privacy. 7. With respect t0 Requests numbered 7 and 9, the documents and communications sought are, in part, protected by Lamb Partners, LLC right to privacy in its financial affairs. 8. With respect t0 Requests numbered 7 and 9, the requests fail t0 describe with reasonable particularity the matters sought and how they are relevant t0 a breach 0f the Redemption Agreement, and therefore, the requests are unduly burdensome and oppressive. (See Calcor Space Facility v. Superior Court (1997) 53 Cal. App. 4th 216, 222-223.) 9. With respect t0 Requests numbered 7 and 9, the documents and communications sought are, in part, confidential and proprietary matters to the business of Lamb Partners, LLC and 405 Alberto Way, LLC. 10. With respect to all Requests numbered 1 through 9, the requests improperly and impermissibly seek LLC business documents, contracts, records and information from Mr. Lamb, in his personal capacity as the guarantor of the Redemption Agreement, and not in the capacity as a Manager 0r Member of Lamb Partners, LLC and 405 Alberto Way, LLC. Mr. Lamb does not have authority, in his personal capacity, t0 deliver documents and records 0f the LLCs Which Will effect the business of the LLCS and their investors. If the Plaintiffs seek such LLC documents and records, they must serve a deposition notice 0n the Person Most 3 LAMB’s NOTICE OF MOTION FOR ORDER TO QUASH N0. 20CV373765 DEPOSITION NOTICE AND FOR PROTECTIVE ORDER \DwQQUIBMNH NNNNNNNNNHHHHHHHHHH MQ¢UIBMNHGWWQQUIBWNHG Knowledgeable and the Custodian of Records for each LLC, and provide a declaration as to why the records are necessary to obtain relative to the single cause 0f action for breach of contract. August 17, 2021 Respectfially Submitted, HAGAN LAW, INC. Attorney for the Defendant, Randy Lamb 4 LAMB’s NOTICE 0F MOTION FOR ORDER TO QUASH No. 20CV373765 DEPOSITION NOTICE AND FOR PROTECTIVE ORDER
