BB-31-b-143
PATRICK SARSFIELD HALLINAN
Hallinan & Blum
345 Franklin Street
San Francisco, California 94102
Telephone: (415) 861-1151
Attorney for Defendant
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
PEOPLES TEMPLE OF THE DISCIPLES OF CHRIST, a nonprofit corporation, JEAN BROWN, and JAMES McELVANE, Plaintiffs,
v.
TIMOTHY OLIVER STOEN, Defendant.
No. 740531
NOTICE OF MOTION UNDER CCP § 2019 (b) (1) FOR PROTECTIVE ORDER THAT DEPOSITIONS NOT BE TAKEN AND FOR REASONABLE EXPENSES AND ATTORNEY’S FEES, POINTS AND AUTHORITIES, SUPPORTING DECLARATION, AND APPLICATION FOR ORDER SHORTENING TIME FOR SERVICE
Date: November 7, 1978
Time: 9:30 AM
Department: 9 Law and Motion
To each party and to the attorney of record of each party in this action:
please take notice that on November 7, 1978, at 9:30 AM, or as soon thereafter as the matter can be heard, in Department 9 (Law and Motion) of the Superior Court, 4th Floor, City Hall, San Francisco, California, defendant Timothy Oliver Stoen will move the Court for a protective order that the deposition of the persons named in the Notice of Taking Deposition attached hereto, scheduled for November
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BB-31-b-144
9 and 10, 1978, not be taken, and for reasonable costs and expenses, including attorney’s fees, incurred in this proceeding.
This motion is made on the ground that there is good cause for the order sought and that (1) the items demanded are irrelevant, rendering the deposition a violation of CCP § 2019 (b), and (2) the deposition is intended solely to cause, and will have the effect of causing, annoyance, embarrassment, and oppression, thereby violating CCP § 2019 (b) (1).
This motion is based on this notice, the Notice of Taking Deposition attached hereto as Exhibit A (three pages), the pleadings, records, and files in this action, the attached memorandum of points and authorities, the attached supporting declaration of defendant, and the attached order shortening time.
DATED: October 31, 1978.
PATRICK SARSFIELD HALLINAN
Attorney for Defendant
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BB-31-b-145
APPLICATION FOR ORDER SHORTENING TIME FOR SERVICE OF NOTICE OF MOTION FOR PROTECTIVE ORDER AND ORDER
I am the attorney for defendant Timothy Oliver Stoen.
It is necessary that the time for service of the notice of motion for protective order, the supporting declaration of defendant, and the memorandum of Points and Authorities, be shortened so that the time may be served not later than five (5) days before the time set for hearing of the motion because of the following facts: the Notices of Taking Deposition filed by plaintiff are self-executing and gave defendant no opportunity to object to their issuance on the valid grounds set forth in defendant’s memorandum of Points and Authorities attached hereto; given the press of business, there was insufficient time for defendant’s protective order pleadings to be researched and prepared until October 31, 1978; and there will be no hardship on the counsel for PEOPLES TEMPLE because presumably they appointed themselves with the appropriate discovery law before filing and serving the aforesaid Notices of Taking Deposition.
I declare under penalty of perjury that the above is true and correct and that this declaration was executed on November 1, 1978, at San Francisco, California.
Patrick Sarsfield Hallinan
Attorney for Defendant
ORDER
Good cause appearing, it is ordered that the time for service of
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BB-31-b-146
the notice of motion for protective order, supporting declaration, and memorandum of Points and Authorities is shortened so that the same may be served on plaintiff not later than five (5) days before the time set for the hearing of the motion for protective order.
DATED: November 1, 1978
Francis W. Mayer
Judge
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BB-31-b-147
Charles R. Garry
Garry, Dreyfus, McTernan, Brotsky, Herndon, & Pesonen, Inc.
1256 Market Street at Civic Center
San Francisco, California 94102
Tel: 864-3131
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY & COUNTY OF SAN FRANCISCO
PEOPLES TEMPLE OF THE DISCIPLES OF CHRIST, a nonprofit corporation, et al.
v.
TIMOTHY OLIVER STOEN
NO. 740 531
NOTICE OF TAKING DEPOSITION
SUBPOENA DUCES TECUM
TO ALL PARTIES: PATRICK S. HALLINAN, ESQ.
345 FRANKLIN STREET
SAN FRANCISCO, CA
PLEASE TAKE NOTICE THAT THE depositions of Custodians of Records of: RE: TIMOTHY O. (OLIVER) STOEN; TORONTO DOMINION BANK CANADA, ATTN: OPERATIONS OFFICER; BANK OF AMERICA, ATTN: OPERATIONS OFFICER, 1301 MARKET ST., SF CA, BARCLAYS BANK OF CALIFORNIA, ATTN: OPERATIONS OFFICER, BANK OF NOVA SCOTIA, ATTN: OPERATIONS OFFICER, CHARTERED BANK OF LONDON, ATTN: OPERATIONS OFFICER,
[Editor’s note: Listing of subpoena recipients continued on reverse side of page]
(RE: TIMOTHY O. (OLIVER) STOEN, EVERY DETAIL, EVERY ENTRY, EVERY TRANSACTION, EVERY DEPOSIT AND EVERY DISBURSEMENT RELATING TO THIS INDIVIDUAL, EITHER IN HIS OWN NAME OR AS TRUSTEE), SUTRO & CO., INC. ATTN: ARTHUR LENHARDT, VICE PRESIDENT, DEAN WITTER REYNOLDS, INC., ATTN: SALLY KRAFT, MARGIN DEPARTMENT, (RE: TIMOTHY O. (OLIVER) STOEN; COMPLETE AND ENTIRE RECORDS RELATING TO ALL TRANSACTIONS, STOCKS THOUGHT AND SOUL, ANY INSTRUCTIONS THEREIN AND THE DATES).
will be taken on behalf of defendant, _____ at 10:00 o’clock AM on Thursday the 9 day of November 1978 before a Notary Public, for the City and County of San Francisco, State of California, at the offices of GAGAN & MCDANIELS, 9 First Street, Room 208, San Francisco, California; said deposition will continue from said date and time over Sundays and legal holidays until completed.
DATED: this 19 day of October 1978
By [illegible signature]
Attorney-at-Law
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BB-31-b-149
Charles R. Garry
Garry, Dreyfus, McTernan, Brotsky, Herndon, & Pesonen, Inc.
1256 Market Street at Civic Center
San Francisco, California 94102
Tel: 864-3131
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE CITY & COUNTY OF SAN FRANCISCO
PEOPLES TEMPLE OF THE DISCIPLES OF CHRIST, a nonprofit corporation, et al.
v.
TIMOTHY OLIVER STOEN
NO. 740 531
NOTICE OF TAKING DEPOSITION
SUBPOENA DUCES TECUM
TO ALL PARTIES: PATRICK S. HALLINAN, ESQ.
345 FRANKLIN STREET
SAN FRANCISCO, CA
PLEASE TAKE NOTICE THAT THE depositions of Custodians of Records of: RE: TIMOTHY O. (OLIVER) STOEN; BANK OF AMERICA, INTERNATIONAL REVISION, ATTN: MR. MICHAEL LEDGERWOOD, 345 MONTGOMERY STREET, SF CA 94104 (ANY AND ALL RECORDS RELATING TO TRANSACTIONS OF AND/OR WITH TIMOTHY O. (OLIVER) STOEN, INDIVIDUALLY AND/OR AS TRUSTEE, INCLUDING ALL CORRESPONDENCE.
will be taken on behalf of defendant, _____ at 10:00 o’clock AM on Friday the 10 day of November 1978 before a Notary Public, for the City and County of San Francisco, State of California, at the offices of GAGAN & MCDANIELS, 9 First Street, Room 208, San Francisco, California; said deposition will continue from said date and time over Sundays and legal holidays until completed.
DATED: this 20 day of October 1978
By [illegible signature]
Attorney-at-Law
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BB-31-b-150
PROOF OF SERVICE BY MAIL
I am a citizen of the United States; my business address is 345 Franklin Street, San Francisco 94102. I am employed in the City and County of San Francisco, where this mailing occurs; I am over the age of 18 years and not a party to the within cause. I served the within NOTICE OF MOTION FOR PROTECTIVE ORDER, MEMORANDUM OF POINTS AND AUTHORITIES, SUPPORTING DECLARATION OF DEFENDANT, AND ORDER SHORTENING TIME FOR SERVICE to the following person on the date set forth below, by placing a true copy thereof enclosed in a sealed envelope there is with postage thereon fully prepaid, in the United States Post Office mailbox at San Francisco, California, addressed as follows:
Charles R. Garry
Garry, Dreyfus, McTernan, Brotsky, Herndon, & Pesonen, Inc.
1256 Market Street
San Francisco, California 94102
I certify and declare under penalty of perjury that the foregoing is true and correct. Executed on November 1, 1978, at San Francisco, California.
/s/ Paula E. Smith