Motion Compel

Cal. Super. - 6th Dist.March 23, 2021

1 Rami Kavvali (201579) DEMIDCHIK LAW FIRM PC 2 923 E. Valley Bl., Suite 268 San Gabriel, CA 91776 3 TEL 626-317-0033 rami@demidchiklawfirm.corn 4 Attorneys for Defendant: 5 Jun Lin SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA 15 16 17 18 19 20 21 22 23 24 25 26 27 Defendants. 9 H.L., by and through her guardian Ad 10 Litem, X.W., and C.L., by and through her guardian Ad Litem, X.W., 11 Plaintiffs, 12 v. 13 JUN LIN, and DOES 1 through 10, INCLUSIVE; 14 CASE NO: 21CV381014 DEFENDANT'S NOTICE OF MOTION AND MOTION TO COMPEL DEPOSITIONS OF PLAINTIFFS AND THEIR GUARDIAN AD LITEM; DECLARATION OF RAMI KAYYALI; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF DATE: 9/7/2021 TIME: 10:30 AM DEPT: 20 (408) 882-2320 HON.: Socrates P. Manoukian -1- CIU iU Pip ply C!IAAADEIIIPCHlkkk i IG Ipk kkk i I C PIP P I P MOTION TO COMPEL DEPOSITIONS Electronically Filed by Superior Court of CA, County of Santa Clara, on 8/12/2021 4:53 PM Reviewed By: A. Floresca Case #21CV381014 Envelope: 7053198 21CV381014 Santa Clara - Civil A. Floresca 1 TO: PLAINTIFFS AND THEIR ATTORNEYS OF RECORD: 2 TAKE NOTICE that on 9/7/2021 at 10:30 A.M., in Department u20u of the 3 above-entitled Court, located at 191 North First St., San Jose, California 95113, defendant intends to move to compel the depositions of CL, HL and XL, (to be heard 5 concurrently with plaintiffs'otion for a protective order), pursuant to California Code 6 of Civil Procedure Section 2025.450, et seq., and relevant case law. Said motion will 7 be based upon this notice of motion and motion, the declaration of Rami Kayyali, 8 Memorandum of Points and authorities, and attached exhibits filed and served 9 herewith. 10 11 Dated: August 12, 2021 12 13 14 orneys for Defendan 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- cpu pu ppu kp puc lpApuuplluuululu p Ici I up Uuu uc p pu p I ( p MOTION TO COMPEL DEPOSITIONS 1 MEMORANDUM OF POINTS AND AUTHORITIES 2 FACTUAL BACKGROUND 3 Defendant served plaintiffs with the Notices of deposition of CL, HL and XL on 4 5/27/2021 (Exhibits 1-3). The deposition dates were scheduled as follows: 5 CL: 6/14/2021; 6 HL: 6/8/2021; and 7 XL: 6/16/2021. 8 On 5/27/2021, defendant's counsel concurrently emailed plaintiffs'ounsel a 9 courtesy letter offering to move the deposition dates to mutually convenient times. 10 (Exhibit 4). 11 Before the first deposition date, Plaintiffs counsel contacted defense counsel, 12 explained that HL and CL have no independent recollection of the alleged events, 13 and thereby, proposed that the deposition of HL is shortened and taken remotely, 14 and the deposition of Cl is via written deposition. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On 6/14/2021, defense responded via letter (Exhibit 5): "We considered your proposals for protective order. We intend to subject CL and HL to independent medical exams by a forensic psychiatrist/psychologist, pursuant to CCP g 2032.220, et seq. The depositions will be important for our expert's analysis. To that end, both depositions must be in person, videotaped and detailed. Thereby, we will need both CL and HL to avail themselves for full depositions, at our offices (CA opens completely on 6/15/2021 and there is no covid grounds for remote depositions). You indicated to me that CL and HL do not have any independent recollection of the alleged events and this justifies shortened depositions. While, ultimately the depositions may prove to be short because CL and HL do not have any independent recollection of the alleged events, we cannot commit to shorter depositions in advance. Cpp IU 1IDMI ppppAAADEpppCHlppp p EG IC pp I I C p ID p p p MOTION TO COMPEL DEPOSITIONS After all, your clients are suing for $ 100 million. We will agree to the Santa Clara Court model protective order. Our client will agree to observe the depositions remotely via video and will mute his video and audio so that they do not see or hear him. s My sympathies to HL and CL. However, per the allegations in the complaint, they did not remember any of the alleged events. And you 7 confirmed CL and HL do not have any independent recollection of the alleged events. So, they cannot claim to be traumatized to the extent that they need protective orders. 10 Please provide me with dates for CL, HL and XL's depositions asap." On 7/6/2021, defense counsel emailed plaintiffs'ounsel a letter stating 12 (Exhibit 6): 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "This is a meet and confer letter pursuant to CCP sections 2025.450(b)(2) and 2016.040. The depositions of CL, HL and XL were initially calendared for June 8, 14 and 16. You have not produced the deponents and have not provided us with alternative dates. Please immediately provide us deposition dates for this month. If you fail to do so, we will resort to filing a motion to compel the depositions. Pursuant to CCP g 2016.080, we will consider an informal discovery conference ("IDC") to deal with this matter. If you wish to participate in an IDC, please provide us with plaintiffs'osition so that we may submit a joint IDC statement to the Court. DEFENDANT'S POSITION VVe intend to subject CL and HL to independent medical exams by a forensic psychiatrist/psychologist, pursuant to CCP g 2032.220, et seq. The depositions will be important for our expert's analysis. To that end, both depositions must be in person, videotaped and detailed. Thereby, -4- CEU 1U jIO kl~ILC1&AAA DEMIDCH1klL I IG Il C, U I li I Co I I 0 p & MOTION TO COMPEL DEPOSITIONS we will need both CL and HL to avail themselves for full depositions, at 2 our offices. 3 You indicated to me that CL and HL do not have any independent 4 recollection of the alleged events and this justifies shortened 5 depositions. If you wish to shorten the depositions in advance, please 6 provide a stipulation signed by HL, CL, HL, and their counsel, affirming 7 CL and HL do not have any independent recollection of the alleged 8 events. Thereafter, we may consider shortening the deposition sessions 9 or other accommodations. to We are agreeable to executing a standard SC Court protective order. 11 Please provide us with dates for CL, HL and XL's depositions asap and/or indicate plaintiffs'osition regarding depositions." 13 On 7/21/2021, defense counsel emailed plaintiffs'ounsel another "meet and 14 confer" letter (Exhibit 7). 15 Plaintiffs have not served objections to the depositions. Plaintiffs moved for a 16 protective order which is concurrently considered by the Court. 17 Plaintiffs served defendant served with two statements of damages, 18 requesting $50 million on behalf of each of his daughters (Exhibits 8 and 9). This 19 includes ten million in future medical expenses and ten million in loss of earning 20 capacity for each of his daughters (HL, born on 9/19/2003 and will be 18 yro in a 7.I couple of months, CL born on 6/3/2006 and is 15 yro). 22 There is evidence of coaching by plaintiffs'uardian. XW filed for dissolution 23 of marriage on 11/16/2017 (Exhibit 12). In the complaint, XW alleged that she and 24 Respondent separated on 12/2/2016. While they remained living iri the same house 25 for the next four years, they resided together in a state of "cold war.U On 12/16/2020, 26 XW emailed defendant, stating, UI could consider not to reveal what you did if you 27 could cooperate with the divorce process." (Exhibit 10). XW is the higher earner in 28 the family (she is paid over five hundred thousand per year) and seeks to minimize -5- CIU IU IID I pILC IAAADELUDCEUIL I IC IC, IM I I C P ID P I U MOTION TO COMPEL DEPOSITIONS defendant's community property interest. 2 On 12/20/2020, XW emailed defendant, stating HL and CL are willing to testify 3 under oath (Exhibit 11). Now that the moment of truth is upon us, XW is evading the depositions of HL and CL. 5 1. DEFENDANT HAS A RIGHT TO DEPOSE XL AND CL REGARDING THE 6 INCIDENTS ALLEGED IN THE COMPLAINT 10 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CCP g 2025.450 states, in pertinent part, as follows: (a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document, electronically stored information, or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the deponent's attendance and testimony, and the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. (b) A motion under subdivision (a) shall comply with both of the following: (1) The motion shall set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice. (2) The motion shall be accompanied by a meet and confer declaration under Section 2016.040, or, when the deponent fails to attend the deposition and produce the documents, electronically stored information, or things described in the deposition notice, by a declaration stating that the petitioner has contacted the deponent to inquire about the nonappearance." -6- CIU~U IID kl pILC2IAAADEHIDCHIEIL I IC IC, EI I I C P ID P MOTION TO COMPEL DEPOSITIONS 1 As evinced by defendant's four letters, defendant met and conferred with 2 plaintiffs'ounsel, and proposed to plaintiffs an Informal Discovery Conference, 3 pursuant to CCP g 2016.080, to no avail. Plaintiffs have not served any objections to 4 the deposition. 5 Given that XW was willing to "bury" the alleged incidents if defendant 6 cooperated in the divorce, the alleged events could not have been so traumatic so 7 as to justify a protective order prohibiting the depositions. Also, per the allegations in 8 the complaint, CL ad HL initially did not remember any of the alleged events. And as 9 plaintiffs'ounsel confirmed, CL and HL do not have any independent recollection of 10 the alleged events. So, they cannot claim to be traumatized to the extent that they require protective orders. And, depositions are never comfortable for any deponent. 12 2. CONCLUSION 13 For all the foregoing reasons, defendant respectfully requests that the court 14 order plaintiffs to avail themselves for deposition within the next fifteen days. 15 16 Dated: August 12, 202 17 18 19 20 Attorneys for Defendan Lin Jun 21 22 23 25 26 27 28 -7- CIU IU HIHA pECDAAADEADDCHIEIL I ID IC EA I I C p ID p I I MOTION TO COMPEL DEPOSITIONS I, Rami Kayyali, declare: 1 1. That I am an attorney at law duly licensed to practice law before all of the 2 courts in the State of California and the attorney of record for defendant. I have 3 personal knowledge of the foregoing facts and if called upon I could and would 4 competently testify to the following: 5 2. The following Exhibits attached hereto are true and correct copies thereof: 6 Exhibit ¹ 8 1 2 9 3 10 11 12 6 DESCRIPTION Notice of Deposition of HL Notice of Deposition of CL Notice of Deposition of XW Defense Letter to Plaintiffs 5/27/2021 Defense Letter to Plaintiffs 6/14/2021 Defense Letter to Plaintiffs 6/21/2021 13 7 Defense Letter to Plaintiffs 7/6/2021 14 8 HL's statement of damages 9 CL's statement of damages 10 email from XW to defendant dated 12/1 9/2020 11 email from XW to defendant dated 12/20/2020 17 12 Petition for Dissolution 18 3. I served plaintiffs with the Notices of deposition of CL, HL and XL on 19 5/27/2021 (Exhibits 1-3). The deposition dates were scheduled as follows: 20 CL: 6/14/2021; 21 HL: 6/8/2021; and 22 XL: 6/16/2021. 23 4. On 5/27/2021, I concurrently emailed plaintiffs'ounsel a letter offering to 24 move the deposition dates to mutually convenient times (Exhibit 4). 25 // 26 27 28 -8- CIU ID HID«LI piLCIIAAA DPMIDCHIKIL I IC I C ll I H C P ID P I I MOTION TO COMPEL DEPOSITIONS 5. Before the first deposition date, Plaintiffs counsel contacted me, explained 1 that HL and CL have no independent recollection of the alleged events, and thereby, 2 proposed that the deposition of HL is shortened and taken remotely, and the 3 deposition of Cl is via written deposition. On 6/14/2021, I responded via letter 4 (Exhibit 5). 5 6 6. On 7/6/2021, I emailed plaintiffs'ounsel a meet and confer letter (Exhibit 6). 7. On 7/21/2021, I emailed plaintiffs'ounsel another "meet and confer" letter 7 8 (Exhibit 7). 8. Plaintiffs have not served objections to the depositions. Plaintiffs moved for a 9 protective order which is concurrently heard by the court. 10 9. Plaintiffs served defendant with two statements of damages, requesting $50ll million on behalf of each of his daughters (Exhibits 8 and 9). This includes ten million 12 in future medical expenses and ten million in loss of earning capacity for each of his 13 daughters. 14 10. XW filed for dissolution of marriage on 11/16/2017 (Exhibit 12). In the 15 complaint, XW alleged that she and Respondent separated on 12/2/2016. While 16 they remained living in the same house for the next four years, they resided together 17 in a state of "cold war." On 12/18/2020, XW emailed defendant, stating, "I could 18 consider not to reveal what you did if you could cooperate with the divorce process." 19 (Exhibit 10). 20 11. On 12/20/2020, XW emailed defendant, stating HL and CL are willing to testify 21 under oath. 22 12. Per the allegations in the complaint, CL ad HL initially did not remember any of 23 the alleged events. And as plaintiffs'ounsel confirmed, CL and HL do not have any 24 independent recollection of the alleged events. 25 13. The defense has no intention of inquiring into HL and CL's sexual history at 26 deposition and is only focused on the events alleged in the complaint. 27 I declare under penalty of perjury, and on information and belief, under the 28 MOTION TO COMPEL DEPOSITIONS laws of the State of California that the foregoing is true and correct. 1 Executed this 12th day of August 2021, at Industry, California.2 3 ~M'HQA'YALI, Declarant4 10 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 10 Clp lu pp k plLCpMAAOELIIDCHIKIL p 10 IC. Ul I C p loq p MOTION TO COMPEL DEPOSITIONS EXHIBIT 1HI I I Rami Kavvali (201579) DEMIDCHIK LAW FIRM PC 2 923 E. Valley Bl., Suite 268 San Gabriel, CA 91776 3 TEL 626-317-0133 rami@demidchiklawfirm.corn 4 Attorneys for Defendant: 5 Jun Lin SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA 9 H.L., bv and through her guardian Ad 10 Litem, X.W., and C.L., by and through her guardian Ad Litem, X.W., II Plaintiffs, 12 v. 13 JUN LIN, and DOES 1 through 10, INCLUSIVE; 14 CASE NO: 21CV381014 15 16 Defendants. 17 TO: PLAINTIFFS AND THEIR ATTORNEYS OF RECORD: 18 NOTICE IS HEREBY GIVEN THAT, pursuant to C.C.P. $2025.230, et seq., 19 defendant intends to take the deposition of plaintiff C.L. 2o Said deposition will take place on June 14, 2021, at 10:00 AM, at DEMIDCHIK 21 LAW FIRM, located at 5201 Great America Parkway, Suite 3208, San Jose, CA 22 95054. 23 Defendant will accommodate a remote deposition at plaintiffs request 24 provided plaintiff makes such request in writing at least seven days prior to the 25 deposition date so that defendant may make arrangements for a remote deposition. 26 Said deposition will be taken before a Certified Shorthand Reporter, and will 27 continue from day to day, Sundays and holidays excepted, until completed. 28 The deposition will also be recorded by video. I C'Ol* IO IAI«L O'LIIIAAAOIAODCOIKL I Ci'IC ID I « IO'I ICLI'OTICE OF DEPOSITION 1 If an interpreter is required to translate testimony, notice of same must be 2 given within five (5) days prior to the deposition date, and the specific language 3 and/or dialect must be indicated. 4 Pursuant to Evidence Code Section 771, the deponent is requested to 5 produce at the deposition each and every writing used to refresh her memory. 6 Plaintiff intends to record the deposition stenographically. 7 Pursuant to C.C.P. Sections 7985.3, et seq., and 2025.220, plaintiff demands 8 that the deponent produce the following documents at the time of the deposition: 9 DEFINITIONS 10 For the purposes of this set of demand for production of documents and things, words in CAPITALS in this request for production are defined as follows: 12 DOCUMENTS means a writing, as defined in Evidence Code Section 250, 13 and includes the original or a copy of handwriting, typewriting, printing, 14 photostating, photographing, and every other means of recording upon any 15 tangible thing, and form of communicating or representation, including letters, 16 words, pictures, sounds, or symbols, or combinations of them. 17 18 1. Any and all DOCUMENTS which support the allegation in your complaint that, on 19 December 18, 2020, C.L. discussed a presentation at her school about sexual 20 abuse, with you, including, but not limited to, reports, notices, curriculum, credits, 21 counseling, text messages, and emails. 22 2. Any and all DOCUMENTS which support the allegation in your complaint that, on 23 December 18, 2020, you discussed a presentation at your school about sexual 24 abuse, with H.L., including, but notlimited to, reports, notices, curriculum, credits, 25 text messages, and emails. 26 3. Any and all DOCUMENTS which support the allegation in your complaint that, on 27 December 18, 2020, you discussed, with H.L., memories of sexual abuse perpetrated by your father, including, but not limited to, reports, text messages, -2- Chyy .Phhyh.k phyy yhhhyhlyyycHIK'h I hhhp D» y I 'op 'CLP,. NOTICE OF DEPOSITION 1 and emails. 2 4. Any and all DOCUMENTS which support the allegation in your complaint that, on 3 December 18, 2020, you agreed, with H.L., to tell your mother about sexual 4 abuse perpetrated by your father, including, but not limited to, reports, text 5 messages, and emails. 6 5. Any and all DOCUMENTS which support the allegation in your complaint that, on 7 December 18, 2020, you left home and you stayed at a hotel, including, but not 8 limited to, reports, receipts, text messages, and emails. 9 6. Any and all DOCUMENTS which support the allegation in your complaint that, on 1O December 22, 2020, you reported sexualabuse perpetrated by your father to the 11 police including, but not limited to, reports, text messages, and emails. 12 7. Any and all DOCUMENTS which support the allegation in your complaint that, 13 during the summer of 2012, your father pulled down your underwear at night, 14 including, but not limited to, your clothing, reports, text messages, and emails. 15 8. Any and all DOCUMENTS which support the allegation in your complaint that, 16 during the summer of 2012, you heard the sound of a camera including, but not 17 limited to, reports, text messages, and emails. 18 9. Any and all DOCUMENTS which support the allegation in your complaint that, 19 during the summer of 2014, in China, you and your father stayed in a hotel room 2o while your sister and mother stayed in another hotel room, including, but not 21 limited to, reports, receipts, text messages, and emails. 22 10. Any and all DOCUMENTS which support the allegation in your complaint that, 23 during the summer of 2014, in China, your father pulled down your underwear at 24 night, including, but not limited to, your clothing, reports, text messages, and 25 emails. 26 11. Any and all DOCUMENTS which support the allegation in your complaint that, 27 28 during the summer of 2014, in China, your father pulled down your underwear at night, and exposed your genitals, including, but not limited to, your clothing, -3- cin. nn. nn «u cc uiuunncnncniuu i.»u.ic. n ~cu fili furl„. NOTICE OF DEPOSIT!ON 1 reports, text messages, and emails. 2 12. Any and all DOCUMENTS which support the allegation in your complaint that, on 3 1/6/2021, Detective Roberts located a an image with a "white and multi-colored 4 floral design bed sheet with the same pre-pubescent female, laying on a bed in 5 a state of undress" as described by or your sister, including, but not limited to, 6 your clothing, reports, text messages, and emails. 7 13. Any and all DOCUMENTS which support the allegation in your complaint that, on 8 1/6/2021, after being shown photographs by Detective Blunt, your mother 9 identified bed sheets and bed frames used by you and your sister including, but 10 not limited to, sheets, photographs, reports, text messages, and emails. 11 14. Any and all DOCUMENTS which support the allegation in your complaint that, as 12 a result of your father's actions, you continue to suffered pain of mind and body, 13 sock, emotional distress, disgrace, humiliation, are prevented from performing 14 daily activities, have sustained and will continue to sustain loss of earnings and 15 earning capacity, and have incurred medical expenses, including, but not limited 16 to, reports, text messages, and emails. 17 18 Dated: May 27, 2021 19 20 21 22 /s Rami Kayyali By: HAMI KAY YAL I Attorney for Defendant 23 25 26 27 4 CID ID«D I ICC I,, DCMIDlDILI I C,ll. «D I I I« IDD I fCLI NOTICE OF DEPOSITION PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is: 923 E. Valley Bl., Suite 268, San Gabriel, CA 91776. 8 9 10 11 12 13 14 15 16 17 18 19 22 23 24 25 26 27 28 On May 27, 2021, I served the foregoing document described as: NOTICE OF DEPOSITION to the interested party(les) in this action by emailing a true copy addressed as follows: James C. Harm Jeewon Kim Moonhwan Kim HANN LAW FIRM 84 W Santa Clara St Ste 790 San Jose, CA 95113-1810 Phone: 408-755-9793 jameslihannlawfirm.corn jeewon@hannlawfirm.corn moon@hannlawfirm.corn BY MAIL. I e-mailed such document to defendant at the above e-address. Executed this 27th day of May 2021, at San Gabriel, California. I declare under penalty of perjury that the foregoing is true and correct. ls Rami Kayyali HAMI KAY YALI 5 tttl II tl p pp.ptplpADplllDCttlKL t p IC t0 tp « tp p t tpttt NOTICE OF DEPOSITION EXHIBIT 2I 1 Rami Kavvali (201579) DEMIDCHIK LAW FIRM PC 2 923 E. Valley Bl., Suite 268 San Gabriel, CA 91776 3 TEL 626-317-0133 rami@demidchiklawfirm.corn 4 Attorneys for Defendant: Jun Lin SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA 9 H.L., by and throuqh her guardian Ad 10 Litem, X.W., and C.L., by and through her guardian Ad Litem, X.W., 11 Plaintiffs, 12 V. 13 JUN LIN, and DOES 1 through 10, INCLUSIVE; 14 Defendants. 16 CASE NO: 21CV381014 17 TO: PLAINTIFFS AND THEIR ATTORNEYS OF RECORD: 18 NOTICE IS HEREBY GIVEN THAT, pursuant to C.C.P. $2025.230, et seq., 19 defendant intends to take the deposition of plaintiff H.L. 2o Said deposition will take place on June 8, 2021, at 10:00 AM, at DEMIDCHIK 21 LAW FIRM, located at 5201 Great America Parkway, Suite 3208, San Jose, CA 22 95054. 23 Defendant will accommodate a remote deposition at plaintiffs request 24 provided plaintiff makes such request in writing at least seven days prior to the 25 deposition date so that defendant may make arrangements for a remote deposition. 26 Said deposition will be taken before a Certified Shorthand Reporter, and will 27 continue from day to day, Sundays and holidays excepted, until completed. 28 The deposition will also be recorded by video. I CVI Vi I'l LVCL LIAADAADDCDICV. I \D IC ID IIV « IILI IIILI NOTICE OF DEPOSITION I If an interpreter is required to translate testimony, notice of same must be 2 given within five (5) days prior to the deposition date, and the specific language 3 and/or dialect must be indicated. 4 Pursuant to Evidence Code Section 771, the deponent is requested to 5 produce at the deposition each and every writing used to refresh her memory. 6 Plaintiff intends to record the deposition stenographically. Pursuant to C.C.P. Sections 1985.3, et seq., and 2025.220, plaintiff demands 8 that the deponent produce the following documents at the time of the deposition: 9 DEFINITIONS 10 For the purposes of this set of demand for production of documents and 11 things, words in CAPITALS in this request for production are defined as follows: 12 DOCUMENTS means a writing, as defined in Evidence Code Section 250, 13 and includes the original or a copy of handwriting, typewriting, printing, 14 photostating, photographing, and every other means of recording upon any 15 tangible thing, and form of communicating or representation, including letters, 16 words, pictures, sounds, or symbols, or combinations of them. 17 18 1. Any and all DOCUMENTS which support the allegation in your complaint that, on 19 December 18, 2020, C.L. discussed a presentation at her school about sexual 20 abuse, with you, including, but not limited to, reports, notices, curriculum, credits, 21 text messages, and emails. 22 2. Any and all DOCUMENTS which support the allegation in your complaint that, on 23 December 18, 2020, C.L. discussed, with you, memories of sexual abuse 24 perpetrated by your father, including, but not limited to, reports, text messages, 25 and emails. 26 3. Any and all DOCUMENTS which support the allegation in your complaint that, on 27 28 December 18, 2020, you agreed, with C.L., to tell your mother about sexual abuse perpetrated by your father, including, but not limited to, reports, text -2- crn, cn &nr rn,cc n,rnnrrnncnrcc„r„c rc n nn rn, «rn r NOTICE OF DEPOSITION 2 4. 5 5. 10 12 7. 13 14 15 16 8. 17 18 19 9. 20 21 22 23 messages, and emails. Any and all DOCUMENTS which support the allegation in your complaint that, on December 18, 2020, you left home and you stayed at a hotel, including, but not limited to, reports, receipts, text messages, and emails. Any and all DOCUMENTS which support the allegation in your complaint that, on December 22, 2020, you reported sexual abuse perpetrated by your father to the police including, but not limited to, reports, text messages, and emails. Any and all DOCUMENTS which support the allegation in your complaint that, during the summer of 2014, in China, you and your mother stayed in a hotel room while your sister and father stayed in another hotel room, including, but not limited to, reports, receipts, text messages, and emails. Any and all DOCUMENTS which support the allegation in your complaint that, about 2009, you woke at night, with your underwear removed, an your father took photographs of your private parts, including, but not limited to, your clothing, reports, text messages, and emails. Any and all DOCUMENTS which support the allegation in your complaint that, your father took photographs of your private parts, while you slept, including, but not limited to, your clothing, reports, text messages, and emails. Any and all DOCUMENTS which support the allegation in your complaint that, on 1/6/2021, Detective Roberts located a an image with a "white and multi-colored floral design bed sheet with the same pre-pubescent female, laying on a bed in a state of undress" as described by or your sister, including, but not limited to, your clothing, reports, text messages, and emails. 24 10. Any and all DOCUMENTS which support the allegation in your complaint that, on 25 26 27 1/6/2021, after being shown photographs by Detective Blunt, your mother identified bed sheets and bed frames used by you and your sister including, but not limited to, sheets, photographs, reports, text messages, and emails. 28 11. Any and all DOCUMENTS which support the allegation in your complaint that, as -3 crc «r r«r ««»«c r«««r«c«ltr«crrrcr«r c lr ««m r q rH«r NOTICE OF DEPOSITION 1 a result of your father's actions, you continue to suffered pain of mind and body, 2 sock, emotional distress, disgrace, humiliation, are prevented from performing 3 daily activities, have sustained and will continue to sustain loss of earnings and 4 earning capacity, and have incurred medical expenses, including, but not limited 5 to, reports, text messages, and emails. 7 Dated: May 27, 2021 10 ls Rami Kayyali By: RAM I KAY YAL I Attorney for Defendant 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 CW 00 010 lqlLC UKIADCKDDCHIKIL I ICI IC KI ~l « I'0 I CHLOE NOTICE OF DEPOSITION PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 4 I am employed in the County of Los Angeles, State of California. I am over the age 5 of 18 and not a party to the within action; my business address is: 923 E. Valley Bl., 6 Suite 268, San Gabriel, CA 91776. 7 II On May 27, 2021, I served the foregoing document described as: 9 NOTICE OF DEPOSITION to the interested party(les) in this action by emailing a true 10 copy addressed as follows: 11 James C. Harm Jeewon Kim 14 Moonhwan Kim HANN LAW FIRM 84 W Santa Clara St Ste 790 17 San Jose, CA 951 13 1810 Phone: 408-755-9793 I 9 james@h anni awfirm.corn 20 jeewon@hannlawfirm.corn 21 moonohannlawfirm.corn BY MAIL. I e-mailed such document to defendant at the above e-address. 23 Executed this 27th day of May 2021, at San Gabriel, California. 24 I declare under penalty of perjury that the foregoing is true and correct. 25 26 27 ls Remi Kayyali HAMI KAY YALI 5 CID 00 IVI lq LC AADCIHDCHIKV. I C IC 0 0'V « ID I IHLI'OTICE OF DEPOSITION EXHIBIT 3HI I Rami Kavvali (201579) DEMIDCHIK LAW FIRM PC 2 923 E. Valley Bl., Suite 268 San Gabriel, CA 91776 3 TEL 626-317-0133 rami@demidchiklawfirm.corn 4 Attorneys for Defendant: s Jun Lin SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA 9 H.L., bv and throuqh her guardian Ad 10 Litem, X.W., and C.L., by and through her guardian Ad Litem, X.W., ll Plaintiffs, 12 v. 13 JUN LIN, and DOES 1 through 10, INCLUSIVE; 14 CASE NO: 21CV381014 15 16 Defendants. 17 TO: PLAINTIFFS AND THEIR ATTORNEYS OF RECORD: 18 NOTICE IS HEREBY GIVEN THAT, pursuant to C.C.P. $2025.230, et seq., 19 defendant intends to take the deposition of plaintiffs'uardian Ad Litem, X.W. 20 Said deposition will take place on June 16, 2021, at 10:00 AM, at DEMIDCHIK 21 LAW FIRM, located at 5201 Great America Parkway, Suite 3208, San Jose, CA 22 95054. 23 Defendant will accommodate a remote deposition at plaintiffs request 24 provided plaintiff makes such request in writing at least seven days prior to the 25 deposition date so that defendant may make arrangements for a remote deposition. 26 Said deposition will be taken before a Certified Shorthand Reporter, and will 27 continue from day to day, Sundays and holidays excepted, until completed. 28 The deposition will also be recorded by video. I C)ll )U 3D kq IL IA Dl IllDCHlklL «yll (D p fX NOTICE OF DEPOSITION I If an interpreter is required to translate testimony, notice of same must be 2 given within five (5) days prior to the deposition date, and the specific language 3 and/or dialect must be indicated. 4 Pursuant to Evidence Code Section 771, the deponent is requested to 5 produce at the deposition each and every writing used to refresh her memory. 6 Plaintiff intends to record the deposition stenographically. 7 Pursuant to C.C.P. Sections 1985.3, et seq., and 2025.220, plaintiff demands 8 that the deponent produce the following documents at the time of the deposition: 9 DEFINITIONS 10 For the purposes of this set of demand for production of documents and 11 things, words in CAPITALS in this request for production are defined as follows: 12 DOCUMENTS means a writing, as defined in Evidence Code Section 250, 13 and includes the original or a copy of handwriting, typewriting, printing, 14 photostating, photographing, and every other means of recording upon any 15 tangible thing, and form of communicating or representation, including letters, 16 words, pictures, sounds, or symbols, or combinations of them. 17 18 1. Any and all DOCUMENTS which support the allegation in your complaint that, on 19 December 18, 2020, C.L. discussed a presentation at her school about sexual 20 abuse, with H.L., including, but not limited to, reports, notices, curriculum, credits, 21 counseling, text messages, and emails. 22 2. Any and all DOCUMENTS which support the allegation in your complaint that, on 23 December 18, 2020, C.L. discussed, with H.L., memories of sexual abuse 24 perpetrated by her father, including, but not limited to, reports, text messages, 25 and emails. 26 3. Any and all DOCUMENTS which support the allegation in your complaint that, on 27 December 18, 2020, H.L. agreed, with C.L., to tell you about sexual abuse perpetrated by their father, including, but not limited to, reports, text messages, -2- c. c nn rur rn rc u nrnnncrnru. r rc,,rc,.un,,~un„u rnq u ruwr NOTICE OF DEPOSITION 2 4. s 5. 9 6. 10 12 13 7. 14 16 8. 19 20 9. 21 22 23 24 and emails. Any and all DOCUMENTS which support the allegation in your complaint that, on December 18, 2020, you left home and you stayed at a hotel, including, but not limited to, reports, receipts, text messages, and emails. Any and all DOCUMENTS which support the allegation in your complaint that, on December 22, 2020, you reported sexual abuse perpetrated by yourchildren'athe to the police including, but not limited to, reports, text messages, and emails Any and all DOCUMENTS which support the allegation in your complaint that, during the summer of 2014, in China, H.L. and you stayed in a hotel room while your C.L. and father stayed in another hotel room, including, but not limited to, reports, receipts, text messages, and emails. Any and all DOCUMENTS which support the allegation in your complaint that, about 2009, your daughter woke at night, with her underwear removed, and her father took photographs of her private parts, including, but not limited to, your clothing, reports, text messages, and emails. Any and all DOCUMENTS which support the allegation in your complaint that, your husband took photographs of your daughter's private parts, while she slept, including, but not limited to, clothing, reports, text messages, and emails. Any and all DOCUMENTS which support the allegation in your complaint that, on 1/6/2021, Detective Roberts located a an image with a "white and multi-colored floral design bed sheet with the same pre-pubescent female, laying on a bed in a state of undress" as described by your daughter, including, but not limited to, clothing, reports, text messages, and emails. 25 10. Any and all DOCUMENTS which support the allegation in your complaint that, on 26 27 1/6/2021, after being shown photographs by Detective Blunt, you identified bed sheets and bed frames used by your daughters including, but not limited to, sheets, photographs, reports, text messages, and emails. -3- rxn* ~ .ox».».,r, nrnrnrnnx r. r»nr-.n»,.n»» n, rnq.«rxrrr ~ NOTICE OF DEPOSITION 11. Any and all DOCUMENTS which support the allegation in your complaint that, as 2 a result of your husband's actions, your daughters continue to suffer pain of mind 3 and body, sock, emotional distress, disgrace, humiliation, are prevented from 4 performing daily activities, have sustained and will continue to sustain loss of 5 earnings and earning capacity, and have incurred medical expenses, including, 6 but not limited to, reports, text messages, and emails. 8 Dated: May 27, 2021 10 12 ls Rami Kayyali By: HAMI KAY YALI Attorney for Defendant 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 4- couw ru rw rw»ccw*oocurocurcu r c ic ro mw roo rowr NOTICE OF DEPOSITION PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 4 I am employed in the County of Los Angeles, State of California. I am over the age 5 of 18 and not a party to the within action; my business address is: 923 E. Valley Bl., 6 Suite 268, San Gabriel, CA 91776. 7 8 On May 27, 2021, I served the foregoing document described as: 9 NOTICE OF DEPOSITION to the interested party(les) in this action by emailing a true 1P copy addressed as follows: 11 James C. Harm Jeewon Kim Moonhwan Kim HANN LAW FIRM 84 W Santa Clara St Ste 790 17 San Jose,CA 951131810 Phone: 408-755-9793 1 9 j am es@ h a n n l a wfi rm . corn 2p jeewon@hannlawfirm.corn moon@hannlawfirm.corn BY MAIL. I e-mailed such document to defendant at the above e-address. 23 24 25 26 27 Executed this 27th day of May 2021, at San Gabriel, California. I declare under penalty of perjury that the foregoing is true and correct. /s Rami Kayyali KAMI KAYYALI 5 Cyll IU IUI LWLC ILUIDCLDDIUIUIUUI I »II ID» I I ID I IUWU NOTICE OF DEPOSITION EXHIBIT 4HI I 1 Itl'De idchik ) & LawFirm ~ DEMIDCHIK LAW FIRM, PLLC 923 E Valley Blvd, Suite 268 San Gabriel, CA 91776 Tn 626-317-0033 F: 212-810-7257 W: demidcbiklawfirm.corn E: cootacttNdcklawfirm.corn May 27, 2021 James C. Harm Jeewon Kim Moonhwan Kim HANN LAW FIRM 84 W Santa Clara St Ste 790 San Jose, CA 95113-1810 Phone: 408-755-9793 james@hannlawfirm.corn jeewon@hannlawfirm.corn moon@hannlawfirm.corn Re: CL, HL and XL v Jun Li. SCSC Case ¹ 21CV381014 Esteemed Counsel: Attached are notices of deposition of CL, HL and XL. Please advise if the deposition dates are not mutually convenient and we will schedule for alternate reasonable dates, which preserve the order and sequence of the depositions. Thank you for your professional courtesy. Sincerely, The Demidchik Law Firm ls Rami Kayyali By, RAMI KAYYALI Flushing, NY Office: 136-18 39" Ave.,g'" Floor, Flushing, NY 11354 Orlando, FL Office: 150 N Orange Ave., Suite 407, Orlando, FL 32801 Los Angeles, CA Office: 923 E Valley Blvd, Suite 268, San Gabriel, CA 91776 San Francisco, CA Office: 5201 Great America Pkwy, Suite 3208, Santa Clara, CA 95054 Chicago, IL Office: 150 S Wacker Drive, Suite 2436, Chicago, IL 60606 Page I of I EXHIBIT 5HI I )/ D'e idchik, f LaW, Firind DEMIDCHIK LAW FIRM, PLLC 923 E Valley Blvd, Suite 268 San Gabriel, CA 91776 T: 626-317-0033 F: 212-810-7257 W: demidchiklawfirm.corn Ei contact@dcklawftrm.cont June 14, 2021 James C. Harm Jeewon Kim Moonhwan Kim HANN LAW FIRM 84 W Santa Clara St Ste 790 San Jose, CA 95113-1810 Phone: 408-755-9793 james@hannlawfirm.corn jeewon@hannlawfirm.corn moon@hannlawfirm.corn Re: CL, HL and XL v Jun Li. SCSC Case ¹ 21C'I/381014 Esteemed Counsel: We considered your proposals for protective order. We intend to subject CL and HL to independent medical exams by a forensic psychiatrist/psychologist, pursuant to CCP g 2032.220, et seq. The depositions will be important for our expert's analysis. To that end, both depositions must be in person, videotaped and detailed. Thereby, we will need both CL and HL to avail themselves for full depositions, at our offices (CA opens completely on 6/15/2021 and there is no covid grounds for remote depositions). Flushing, NY Office: 136-18 39a Ave.,8aFloor, Flushing, NY 11354 Orlando, FL Office: 150 N Orange Ave., Suite 407, Orlando, FL 32801 Los Angeles, CA Office: 923 E Valley Blvd, Suite 268, San Gabriel, CA 91776 San Francisco, CA Office: 5201 Great America Pkwy, Suite 3208, Santa Clara, CA 95054 Chicago, IL Office: 150 S Wacker Drive, Suite 2436, Chicago, IL 60606 Page I of 2 You indicated to me that CL and HL do not have any independent recollection of the alleged events and this justifies shortened depositions. While, ultimately the depositions may prove to be short because CL and HL do not have any independent recollection of the alleged events, we cannot commit to shorter depositions in advance. After all, your clients are suing for $ 100 million. We will agree to the Santa Clara Court model protective order. Our client will agree to observe the depositions remotely via video and will mute his video and audio so that they do not see or hear him. My sympathies to HL and CL. However, per the allegations in the complaint, they did not remember any of the alleged events. And you confirmed, CL and HL do not have any independent recollection of the alleged events. So, they cannot claim to be traumatized to the extent that they need protective orders. Please provide me with dates for CL, HL and XL's depositions asap. Thank you for your professional courtesy. Sincerely, The Demidchik Law Firm ls Rami Kayyali By, RAMI KAYYALI Page 2 of 2 EXHIBIT 6HI I )f Demidchik ) & Law Firm ~ DEMIDCHIK LAW FIRM, PLLC 923 E Valley Blvd, Suite 268 San Gabriel, CA 91776 T: 626-317-0033 F: 2I2-810-7257 W: demidchiklawfirm.coni Ei contacttNdcklawlirnt.corn June 21, 2021 James C. Harm Jeewon Kim Moonhwan Kim HANN LAW FIRM 84 W Santa Clara St Ste 790 San Jose, CA 95113-1810 Phone: 408-755-9793 james@hannlawfirm.corn jeewon@hannlawfirm.corn moon@hannlawfirm.corn Re: CL, HL and XL v Jun Li. SCSC Case ¹ 21C'I/381014 Esteemed Counsel: We considered your proposed protective order. We are not agreeable to the deposition portion which states: 16. Given the allegations and facts in dispute in this matter, the parties hereby stipulate that all depositions to be taken will be taken either by: a) Written Deposition; or b) Deposition by video or phone conference. Reaffirming our letter of 6/14/2021, we intend to subject CL and HL to independent medical exams by a forensic psychiatrist/psychologist, pursuant to CCP g 2032.220, et seq. The depositions will be important for our expert' analysis. To that end, both depositions must be in person, videotaped and Flushing, NY Office: 136-18 39a Ave.,8" Floor, Flushing, NY 11354 Orlando, FL Office: 150 N Orange Ave., Suite 407, Orlando, FL 32801 Los Angeles, CA Office: 923 E Valley Blvd, Suite 268, San Gabriel, CA 91776 San Francisco, CA Office: 5201 Great America Pkwy, Suite 3208, Santa Clara, CA 95054 Chicago, IL Office: 150 S Wacker Drive, Suite 2436, Chicago, IL 60606 Page I of 2 'Demidchik 1 Law Firm:~ DEMIDCHIK LAW FIRM, PLLC 923 E Valley Blvd, Suite 268 San Gabriel, CA 91776 T: 626-317-0033 F: 212-810-7257 W: demidcblklawlirm.corn -E: contact@dcklawftrm.coin detailed. Thereby, we will need both CL and HL to avail themselves for full depositions, at our offices. You indicated to me that CL and HL do not have any independent recollection of the alleged events and this justifies shortened depositions. If you wish to shorten the depositions in advance, please provide a stipulation signed by HL, CL and HL, and their counsel, affirming CL and HL do not have any independent recollection of the alleged events. Thereafter, we may consider shortening the deposition sessions or other accommodations. Please provide me with dates for CL, HL and XL's depositions asap. Thank you for your professional courtesy. Sincerely, The Demidchik Law Firm ls Rami Kayyali By, RAMI KAYYALI Flushing, NY Office: 136-18 39" Ave.,8" Floor, Flushing, NY 11354 Orlando, FL Office: 150 N Orange Ave., Suite 407, Orlando, FL 32801 Los Angeles, CA Office: 923 E Valley Blvd, Suite 268, San Gabriel, CA 91776 San Francisco, CA Office: 5201 Great America Pkwy, Suite 3208, Santa Clara, CA 95054 Chicago, IL Office: 150 S Wacker Drive, Suite 2436, Chicago, IL 60606 Page 2 of 2 EXHIBIT 7HI I )r Demidchik- [ g&LaW Firm t; DEMIDCHIK LAW FIRM, PLLC 923 E Valley Blvd, Suite 268 San Gabriel, CA 91776 T: 626-317-0033 F: 212-810-7257 W: demidchiklawfirm.corn Escoatactgdcklawfirm.corn July 6, 2021 James C. Harm Jeewon Kim Moonhwan Kim HANN LAW FIRM 84 W Santa Clara St, Ste. 790 San Jose, CA 95113-1810 Phone: 408-755-9793 james@hannlawfirm.corn jeewon@hannlawfirm.corn moonlhannlawfirm.corn Re: CL, HL and XL v Jun Li. SCSC Case ¹ 21CV381014 Esteemed Counsel: This is a meet and confer letter pursuant to CCP sections 2025.450(b)(2) and 2016.040. The depositions of CL, HL and XL were initially calendared for June 8, 14 and 16. You have not produced the deponents and have not provided us with alternative dates. Please immediately provide us deposition dates for this month. If you fail to do so, we will resort to filing a motion to compel the depositions. Pursuant to CCP II 2016.080, we will consider an informal discovery conference ("IDC") to deal with this matter. If you wish to participate in an IDC, please provide us with plaintiffs'osition so that we may submit a joint IDC statement to the Court. Flushing, NY Office: 136-18 39" Ave.,8" Floor, Flushing, NY 11354 Orlando, FL Office: 150 N Orange Ave., Suite 407, Orlando, FL 32801 Los Angeles, CA Office: 923 E Valley Blvd, Suite 268, San Gabriel, CA 91776 San Francisco, CA Office: 5201 Great America Pkwy, Suite 3208, Santa Clara, CA 95054 Chicago, IL Office: 150 S Wacker Drive, Suite 2436, Chicago, IL 60606 Page I of 2 De idchik .Law Firm".. '"" DEMIDCHIK LAW FIRM, PLLC 923 E Valley Blvd, Suite 268 San Gabriel, CA 91776 3n 626-317-0033 F: 212-810-7257 W: demidchiklawfirm.corn 8: contact@dcklawftrm.corn DEFENDANT'S POSITION We intend to subject CL and HL to independent medical exams by a forensic psychiatrist/psychologist, pursuant to CCP I'f 2032.220, et seq. The depositions will be important for our expert's analysis. To that end, both depositions must be in person, videotaped and detailed. Thereby, we will need both CL and HL to avail themselves for full depositions, at our offices. You indicated to me that CL and HL do not have any independent recollection of the alleged events and this justifies shortened depositions. If you wish to shorten the depositions in advance, please provide a stipulation signed by HL, CL, HL, and their counsel, affirming CL and HL do not have any independent recollection of the alleged events. Thereafter, we may consider shortening the deposition sessions or other accommodations. We are agreeable to executing a standard SC Court protective order. Please provide us with dates for CL, HL and XL's depositions asap and/or indicate plaintiffs'osition regarding depositions. Thank you for your professional courtesy. Sincerely, The Demidchik Law Firm /s Rami Kayyali By, RAMI KAYYALI Flushing, NY Office: 136-18 39" Ave.,8a Floor, Flushing, NY 11354 Orlando, FL Office: 150 N Orange Ave., Suite 407, Orlando, FL 32801 Los Angeles, CA Office: 923 E Valley Blvd, Suite 268, San Gabriel, CA 91776 San Francisco, CA Office: 5201 Great America Pkwy, Suite 3208, Santa Clara, CA 95054 Chicago, IL Office: 150 S Wacker Drive, Suite 2436, Chicago, IL 60606 Page 2 of 2 EXHIBIT 8HI I - DO NOT FILE WITH THE COURT- -UNLESS YOU ARE APPLYING FOR A DEFAULT JUDGMENT UNDER CODE OF CIVIL PROCEDURE tj 585- TELEPHONE Na.. 408-755-9793 SIJN: 8215778 To (name of one defendant only)JI UN LIN Plaintiff (name of ane plaintiff only)f H L, by snd through the GAL seeks damages in the above-entilled action, as fogaws: 1. General damages a. CK Pain, suffering, and inconvenience b. ~N Ematianal distress. c. ~ Loss of consortium ATTORNEY OR PARTY WITHOUT ATTORNEY fNeme and Add JAMES C. IIANN, ESQ. Harm Lauv Firm 84 W Santa Clara St Ste 790, Ssn Jose, CA 95113-1810 fax number: 408-702-2434 email.'amescahsnnlaLvfirm.corn ATTORNEY FOR fne el'PlsiniiffS H.L. 2nd C.L; bV and thrOuah their GAL SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS 191 North I irst Street MAILINBADDREss'91 North First Street CITYAND ZIP CODE: Ssn Jose, 95 113 BRANcHNAIIE'o'lvl'lto'lvn Superior Court PLAINTIFF:l-[,L„and C Lx by snd through their GAL DEFENDANT; Jun Lin Bnd Docs I through 10 Inclusive STATEMENT OF DAMAGES (Personal Injury or Wrongful Death) FOR COURT USE ONLY CASE NUI IBER. 21CV381014 AMOUNT 1000000IL 10000000 e. C3 g.H 2. Special c. H Loss of sociey and companionship (wrongful death actions onlyj ..... Other (specify) Other (s0 eci f Y) Conlinued on Attachment 1.g. damages Medical expenses (to date), Future medical expenses (preseni value) . Loss of earnings (to date) .. 10000000 d ~ Loss of future earning capacity (preseni value) ..... e. ~ Property damage .. f. ~ Funeral expenses (wrongful deaih actions only) .. g. ~ Future cantributions (present value) (wrongful death actions on/y) ................... h. ~ Value af personal service, advice, or training (wrongful death actions only) ..... i. M Other (specify) j. ~ Other (specify) k. ~ Conlinucu Un Affocinmcnt 2 k. i0000000 3. CG Punitive damages: Plaintiff reserve when pursuing a judgment in the suit s the right to seek punitive damages in the amaunt of (specify).. 8 filed against you. 10000000 Date: MBy 3 2021 JAivlES C. HANN. ESO. (TYPE OR PRINT NAIAE) Form Adop'ed I Ll, dafov Um Judicolco ncllofCaaf fna Clvaao (R u. J N 1,20071 fslaNATURE OF~PF OR ATTUHN Y FOR PLAINTI Fl (Proof of service on reverse) P 5 Iolr STATEMENT OF DAMAGES cod fcmlnmc& fe,ma2511.d25115~c n f0 cage (personal Injury or Wrongful Death) Wafaa Doc 5, Farm Builder EXHIBIT 9HI I - DO NOT FILE WITH THE COURT- -UNLESS YOU AREAPPLYING FORA DEFAULTJUDGMENT UNDER CODE OF CIVIL PROCEDURES 585- TELEPHONE Noc 408-755-9793 Sgi»h fl215778 To (name of one defendant only): JUN LIN Plaintiff (name af one plaintiff onl)IC Lu by and through the GAL seeks damages in the above-entitled aciion, as follows: 1. General damages a. ~» Pain, sulfeding, and inconvenience b. CK Emotional distress ........................ c. ~ Lass of consortium . 'TTORI,EY OR PARTY WITHOUT ATTORNEY IN e sod Addassi'A.'vfESC. HANN, ESQ. Harm Lsiv Finn 84 W Santa Clara St Stc 790, Ssn Jose, CA 95113-1810 fax number: 408-702-2434 email: james thsnnlatvfirm.corn ATTORNEYFOR(aamei'Plsintiffs H.L. sml C.L.,'v Bnd throitgh their GAL SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREETADDR SS. 191 North I irst Strcct MAILINGAQDREss 191 North First Street Cn Y AND ZIP CODE San Jose, 95 I I J BRANcHN" LIE'osrntown Supcnor Court PLAINTIFF:I J.L. snd C.LO by and through their GAL DEFENDANT'Jun Lin Bnd Does I through 10 Inclusive STATEMENT OF DAMAGES (Personal Injury or Wrongful Death) FOR COURT USE ONL Y CASE VUMBERI'1CV381014 AMOUNT 10(100000 10000000 e.H g. C3 2. Special c. M Loss of saciey and companionship (wrongful dealh actions only) ., Other (specify) Other (specify) Continued on Attachment 1.g. damages Medical expenses (lo date) . Future medical expenses (present value) Loss of earnings (la date) . 10000000 d ~ Loss of future earning capacity (present va/ue) .. e. C7 Property damage f. ~ Funeral expenses (wrongful dea!h aclians onlyJ . g. ~ Future contributions (present value) (wrongful death actions only) .............,.. h. M Value of personal service, advice. or training (wrongful death actions only),. i. ~ Other (specify) j. ~ Other (specify) k. C] r'.nnlinitpd nn Atimf.htnt.ni D.k. 10000000 FotmAdoptedto ltaadat Nus JudlcmlCou ctNC Slomla CIVQ50(Rev. Jaou N 1,20011 3. ~ Punitive damages: Plaintiff reserves the right ta seek punitive damages in the amount of (specify).. 8 10000000 when pursuing a judgment in the suit filed against yau. Date:tvtsy 2, 2021 JAMES C. HANN. ESO. (TYPE OR PRINT NAME) (slcNATURE Q~INTIF QhvvvfQRNEY QR Al ITIFF) (Proof of service on reverse) P g 1of2 STATEMENT OF DAMAGES ofci I Ptmmut . 55 425.n. 425 115 c m for gov(Personal Injury or Wrongful Death) Wee saw Doc 5 Form Builder EXHIBIT 30HI I 1O On Fri, Dec 18, 2020 at 10:47 PM Jun Lin cjlin26II yahoo.corn& wrote: rjiRMf~hij2A-~Z Y7 yafMA8tjP15%%7 Sent from Yahoo Mail for iPhone On Friday, December 18, 2020, 10:25 PM, Xiaowen Wang &xiaowenw@gmail.corn& wrote: I only learned tonight what you have done to Claire and Heidi. I don'know what kind of person can hurt them like you did. I can only wish you understand sexual assault is a serious crime. Both girls and I can not accept to live under the same roof with anymore. I am here to ask you to move out, just to give the girls a safe and comfortable place to live. This is the least that you can do for them. I will ask my lawyer to proceed with the divorce and seek sole custody of the kids. My only wish now is to have a swift divorce and give kids their life back and give them time to heal. I could consider not to reveal what you did if you could cooperate with the divorce process. But I would respect the decision of the girls on this matter. They are both strong and intelligent persons. I am proud of them that they stand up for themselves after all these years. Please let me know when you can move out. EXHIBIT 11I I Jun Lin &jljn26@yahoo.corn& Mon 3/29/2021 10.05 AM To: Paul Song &paulesfdcklawfirm.corn&; Lucy Pan &LucyOdcklawfirm.corn& Ms. Pan and Mr. Song, This is the other email. Thanks, Jun --- Forwarded Message--- From: Xiaowen Wang &xiaowenw@gmail.corn& To: Jun Lin &jlin264! yahoo.corn& Sent: Sunday, December 20, 2020, 09:22:02 PM PST Subject: Re: gN Under the current circumstances, it is impossible and inappropriate to let you talk to either girl. This is their stance, too. Both girls are willing to go to court and give testimony on their experiences. I have no reason to believe they are going to commit perjury given all the pains and suffering such action would bring on to them. From now on, please contact my lawyer for all matters related to divorce and custody. You can also let her know when you are going to move out. On Sun, Dec 20, 2020 at 11:56 AM Jun Lin &jlin26@ yahoo.corn& wrote: %ftwef84ftff%(iTijraS., ~JLMIK%@. RDoLQjik, Li'-336Ixejoint custody. rjsRN4hfj:KIIRtv„R@~~Kljitk@ik Sent from Yahoo Mail for iPhone EXHI BIT 12I I 5/24/202 t Mail - Remi Kayyali - Outlook ,lj cs ArioeiEE I'wenWang I 20010)ge Palms Lane.lt. rtlno, CA 95014 ~- 90&240-1825, ucmm 201 North First Street &II~San Jose, CA 95113~ Fam))I/ Court ~ I PEnriONEFC XISOWen ang RESPCNDENTl Jun Lln PEIRION FOR%'- 0() Dlemlulfon(Diverse)oh gg Maesga~ LegalseParaaonoh ~ Menlage~ Nutgtyot: ~ M~~ rip coos D AMENDED C3 Donieslic Partnership . CI Domestic psmrsrshlp C3 Domssrc pam emhtp cA5E xuiaER i 17FL004571 t LEGAL RELATIONSHIP (checksMatspp/y)r a. QQ Wearemanied.- IE ~ We are domesdc partners and aurdomessc pannership wee eslsboshedln Cstfomla.c. C3 l We ee domestic psrlnem and ow domesUE pertneshlp wss NOT estebrshed In California. 2. RESIDENCE REOUIREMENYS (chscz sr lhsr apply): I"; rz Qg peglfoner QQ Respondent 'as been e nwldsnt of Ibis stats for el losel afx mon!hs and of Ibis county for at leastthree months hnmsdtalely pmcedlng Ihe Mng ot thh pelilfsrs /For s Chores. sf laser ano persan H fhe isgaf nrie!/onsh/pEhwcreerr /n Items re oner rc rnmf conpfy wch /his moussswnt) b. ~ i Our domeslfa petnarshlp was estebzshed In Csgfomfa. Rasher of us hes lo be a resident orhave a domicile in California. to dissolve our partnership here. a ~ we are the same sex. were msnfedin california but cunenoy ave In a ludezcdon lhatdoes not recognize. and wiznoldissolve, our manlsgrEThis pevlfon is filed e Ihe munly where we mauled. 'tlzoerlives in (specify/I Respondent lives in (speefy/I3. STATISTICAL FACTS 4 a, Qg (I) Dehi of msmage (E~j: 600/1995Z I (2) Date of sspsrah (~) 12/2/2016 )II(3) Time lmm dale of marriage fo date al seperaUon (sped tx ~ (\) Reglalretinn dale af dsmmUCPelnerchlP With the Ciilifomls Seestery of su leo og (2) Date of seParation (sped/y)r(3) Tyne hom dele of registration of domestic pannamhlp to aua ot 4 'INOR CHILDREN IL ~ There are no minor ctedren. b. )Xt A The mlrwr chitdrsn are. js/I Chiads rieme Heidi Lln Clare Lln 9/1 9/2003I6/3/2006 1tg F$ (I) ~ candnuedco~stx (2) C3 achtdwho lees yelbom,c. If anY ciedren Usted above wee brnbefo Ihs manfsge or domesdc petnership, the exnt has Ihe amthose cfednm lo be diMrsn ot Uw msnfage or domesgc psrbremupd. If Ihers ere minarchzdrer of pelilfone rand Respondent, e rwmplsled Decfemvon Under Miifo™ c~~sndErvbnwmanfAEZ(UCC/EA)(form ~FL-C mualbeauached.e- C3. Peieoner and Rsspondent signet a vokmley dedanske ol palemgy. A copy ~ ls CI br As)sueurvsvwtw ON ygQKIAGE/DOIII69%0%(RTNERSHIP 'uresvxsrrxwiegp (Fsmgy Lew)~ )Efenns. 'ttps://outlook.oflico365.corn/mail/inbox/d/AAQkADI30t/INwyjlwLTQZNDQINGRjZI05ZTQzLTgoYT j g zJ'OT 3MTY ZAAQAMjPBILNu4BNiHIKQtAdd6o'/ ... 3/7 PROOF OF SERVICE 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES 4 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is: 923 E. Valley Bl., Suite 268, San Gabriel, CA 91776. 8 On August 12, 2021, I served the foregoing document described as: MOTION TO COMPEL DEPOSITIONS to the interested party(les) in this action by emailing a true copy addressed as follows: 11 James C. Harm 12 Jeewon Kim 13 Moonhwan Kim HANN LAW FIRM 15 84 W Santa Clara St Ste 790 16 San Jose, CA 95113-1810 17 Phone: 408-755-9793 18 james@hannlawfirm.corn 19 jeewon@hannlawfirm.corn 20 moontehannlawfirm.corn 21 BY MAIL. I e-mailed such document to defendant at the above e-address. 22 Executed this 12th day of August 2021, at San Gabriel, California. 23 I declare under penalty of perjury that the foregoing is true and correct. 24 25 RAMI KAYYALI 26 27 1 1 CIU IU DD I pILC IAAADHMIDCHIHIL I IC 'IC. IM I I C p ID p I MOTION TO COMPEL DEPOSITIONS