submitted by PHIL HOROWITZ
Attorneys for Plaintiff
TO DEFENDANT AND ITS ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that plaintiff will take the deposition of defendant CORPORATION pursuant to Section 2025 of the Code of Civil Procedure at the offices of Lawless, Horowitz & Lawless, 755 Sansome Street, Suite 350, San Francisco, California 94111
beginning on DATE at 8:30 a.m. If not completed by 9:30 a.m. (which would appear to be an unlikely event given the subject matter of the deposition), the deposition will continue at such times as are specified by plaintiff's counsel after conferring with defendant's counsel. The deposition will be stenographically recorded by a certified shorthand reporter.
The matters on which examination is requested are (1) examination about what documents, if any, are in the possession of defendant CORPORATION in each of the categories listed below; (2) examination about the disposition of any documents in any of the categories below which used to be in the possession of defendant CORPORATION but which are no longer in its possession; (3) examination to identify and authenticate the documents which defendant CORPORATION is directed to provide at the deposition. Pursuant to Section 2025 (d)(6) of the California Code of Civil Procedure, defendant CORPORATION is required to designate and produce at the deposition those of its officers, directors, managing agents, employees or agents who are most qualified to testify on its behalf as to those matters to the extent of any information known or reasonably available to defendant CORPORATION .
PLEASE TAKE FURTHER NOTICE that, pursuant to Section 2025(d)(4) of the Code of Civil Procedure, defendant CORPORATION is directed to produce the documents, material and tangible things listed below for inspection and copying at the deposition. For purposes of this request, the term "writing" shall have the meaning as defined by Evidence Code Section 250, but shall also include any type of tangible item of things in addition to documents.
1. The complete contents of plaintiff's personnel file.
2. The complete contents of any other files maintained in plaintiff's name by any defendant.
3. All applications for employment signed by plaintiff.
4. All instruments signed by plaintiff relating to the obtaining or holding of employment, within the meaning of California Labor Code §432.
5. All personnel files of plaintiff which have been used to determine plaintiff's qualifications for employment, promotion, additional compensation, or termination or other disciplinary action, within the meaning of California Labor Code §1198.5.
6. All medical, psychiatric or other health-related reports or writings which describe or evaluate plaintiff's physical or mental condition or any treatment received by plaintiff in any year plaintiff was employed by any defendant.
7. All performance appraisals, evaluations, and reviews of plaintiff by any defendant.
8. All writings containing any reference to plaintiff's performance in plaintiff's last position with the corporate defendant.
9. All writings which have any notations or comments regarding the job performance, honesty, ability or diligence of plaintiff.
10. All writings concerning any awards or commendations from any defendant to plaintiff and any written compliments or communications received by any defendant concerning plaintiff's work.
11. All writings which relate or refer to plaintiff's hiring by the corporate defendant.
12. All writings which relate to or refer to any prehiring discussions between plaintiff and any defendant regarding plaintiff's future employment or possible employment with the corporate defendant.
13. All writings making reference to the decision to terminate plaintiff or any reason for that decision.
14. All writings which relate or refer to plaintiff's termination or any reason for plaintiff's termination.
15. All writings which were considered in making the decision to terminate plaintiff.
16. All writings regarding or referring to any review or investigation of plaintiff's termination.
17. All writings which support any contention by any defendant that good cause existed for plaintiff's termination.
18. All writings relating to or referring to any reason for plaintiff's termination.
19. All writings referring or relating to any attempts to find plaintiff another position with any defendant in lieu of or after termination.
20. All organizational charts (or the functional equivalent) which show the chain of authority above or below plaintiff in the last position held by plaintiff with the corporate defendant.
21. All job descriptions for the last position held by plaintiff with the corporate defendant in effect at any time while plaintiff held that position.
22. All writings setting forth job duties or performance standards for persons employed in the last position held by plaintiff with the corporate defendant.
23. All writings concerning the corporate defendant's policies or procedures for employee discipline or termination.
24. All employee handbooks, personnel policy manuals, personnel procedure manuals, lists of employee rules, supervisors' handbooks, writings used in seminars on termination or discipline given to supervisors and memoranda to supervisors regarding policies or procedures for discipline or termination of employees, but only those printed, typed or used at any time during plaintiff's employment with the corporate defendant.
25. All employee handbooks or other writings or materials provided to employees or prospective employees setting forth or explaining the corporate defendant's procedures or policies on hiring, promotion, transfer, layoff, termination, severance pay, salary, and employee benefits, but only those distributed during plaintiff's employment with the corporate defendant.
26. All writings setting forth or describing any policies, procedures or general practices of the corporate defendant regarding the evaluation of employees' job performance, but only those printed, typed or in use during plaintiff's employment.
27. All writings describing the policy of the corporate defendant toward employees whose performance is considered less than satisfactory, but only those printed, typed or in use during plaintiff's employment.
28. All writings signed by plaintiff which relate to or refer to any terms or conditions of plaintiff's employment with any defendant.
29. All writings given to plaintiff, shown to plaintiff, or made available for review by plaintiff which relate to or refer to any terms or conditions of plaintiff's employment with any defendant.
30. All writings regarding or referring to any discussions between plaintiff and any defendant regarding the terms or conditions of plaintiff's employment with any defendant.
31. All writings describing, summarizing or explaining any pension benefits and employee benefits available to employees of the corporate defendant at any time from plaintiff's termination to the present.
32. All writings by any individual defendant regarding or referring to plaintiff.
33. All writings setting forth the criteria used by ______________________ to determine which positions would be eliminated in 19-- and 19--.
34. All job descriptions of present __________________ for ___________________________.
LAWLESS, HOROWITZ & LAWLESS
Attorneys for Plaintiff