LAW OFFICES OF MICHELLE A. REINGLASS

MICHELLE A. REINGLASS, Bar No. 86675

MICHAEL E. RAABE, Bar No. 123654

23161 Mill Creek Drive, Suite 170

Laguna Hills, California 92653

(949) 587-0460

 

 

Attorneys for Plaintiff

LYNNE RAYBURN

 

 

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

 

COUNTY OF ORANGE

 

 

LYNNE RAYBURN,



              Plaintiff,


     vs.


THE VONS COMPANIES, INC. a Michigan Corporation licensed to do business in the State of California; SAFEWAY INC., a Delaware Corporation licensed to do business in the State of California; and DOES 1 through 50, Inclusive,

              Defendants.

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CASE NO. 789198

ASSIGNED FOR ALL PURPOSE TO:

HON. DAVID H. BRICKNER

DEPARTMENT 17

Complaint filed: 1/15/98


NOTICE TO DEFENDANT VONS' EMPLOYEE, MOST KNOWLEDGEABLE PERSON, TO APPEAR AT TRIAL WITH DOCUMENTS [Pursuant to C.C.P. Sections 1987(b) and (c)]


DATE: March 13, 2000

TIME: 8:30 a.m.

DEPT: 17

TO DEFENDANT THE VONS COMPANIES, INC. AND TO ITS ATTORNEYS OF RECORD HEREIN:

NOTICE IS HEREBY GIVEN that Defendant, The Vons Companies, Inc. (hereinafter "VONS") designate the Most Knowledgeable Person on behalf of VONS to appear at the trial of the above-entitled matter on March 23, 2000, at 8:30 a.m., in Department 17 of the above-entitled court located at 700 Civic Center Drive West, Santa Ana, California, to testify as a witness in this action on the matters listed below.

Defendant VONS is required, pursuant to California Code of Civil Procedure 2025(d), to designate and produce the person most knowledgeable to testify on its behalf regarding the following issues:

(1)The financial condition and financial net worth of THE VONS COMPANIES, INC. for purposes of assessing punitive damages pursuant to C.C. 3294 and 3295. Said witness should be knowledgeable as to the documents listed in Exhibit "A" attached hereto.

PLEASE TAKE FURTHER NOTICE that pursuant to Code of Civil Procedure 2025(f)(h)(1), the above-named witness will be required to bring and produce at said time and place for examination, the books, papers and documents or other things in the possession or under the control of the witness, described in Exhibit "A" attached hereto and incorporated herein by this reference, to the extent the requested documents have not been previously produced. The term "document" includes the meaning of the term "writing" as defined California Evidence Code Section 250.

This request is made pursuant to California Code of Civil Procedure section 1987(b) and (c) which provides that the giving of this notice has the same effect as the service of a subpoena and, that, in the event of noncompliance with this notice, the parties shall have such rights, and the court may make such

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orders, including the imposition of sanctions, as in the case of a subpoena for attendance before the court.

LAW OFFICE OF MICHELLE A. REINGLASS

 

 

Dated: March 31, 2002_____________________________

MICHELLE A. REINGLASS

Attorney for Plaintiff

LYNNE RAYBURN

 

 

trial\nta-mkp.003


EXHIBIT "A"

TO NOTICE TO APPEAR WITH DOCUMENTS AT TRIAL

DEFINITIONS

The following terms and definitions shall apply:

1.As used herein, the term "DOCUMENTS" includes all "writings" as that term is defined in California Evidence Code Section 250 as follows:

"Writing means handwriting, typewriting, printing, photographing and every other means of recording upon any tangible things, any form of communication or representation including letters, words, pictures, sounds or symbols, or combinations thereof."

 

2.As used herein, the word "COMMUNICATION" means and includes any oral, written or electronic conversation, meeting, conference, correspondence, communication, message, note or memorandum.

3.As used herein, "MEETING" refers to any encounter involving two or more persons, whether formal or informal, and whether scheduled in advance or accidental.

4.As used herein the word "CONCERNING" shall have and include not only its commonly understood meaning, but the following meanings as well, where applicable: relating to comprising, reflecting, evidencing, constituting, pertaining to, dealing with and showing.

5.As used herein, the words "RELATION TO" shall have and include not only their commonly understood meaning, but the following meanings as well, where applicable: relating to, comprising, reflecting, evidencing, constituting, pertaining to and dealing with.

6.As used herein "PERSON" means any natural person, corporation, partnership, association, trust, group, organization, agency, bureau, department or entity or any other entity, or any combination thereof.

7.As used herein, the singular shall include the plural and vice versa.

8.As used herein, the term "YOU" or "YOUR" or "YOURS" refers to each party to whom this request for production of documents is directed, its agents, employees, officers, directors and agents, and its attorneys and those employed by its attorneys.

9.As used herein, the term "VONS" refers to Defendant THE VONS COMPANIES, INC and any of its affiliates, subsidiaries, agents, directors, officers, employees or other representatives, and its attorneys and those employed by its attorneys.

10.As used herein, "EACH" shall mean "each and every".

11.As used herein, "OR" shall mean "and/or".

12.As used herein, "ANY" includes the word "ALL" and vice versa.

REQUEST FOR PRODUCTION

REQUEST NO. 1:

Produce all documents that evidence the financial condition and financial net worth of VONS for purposes of assessing punitive damages pursuant to C.C. 3294 and 3295. Said documents are to include but are not limited to tax returns, bank statements, stocks and bonds, deeds of trust, income and expense reports, balance sheets, asset statements, profit and loss statements.