David Sapp (Certified Law Student No. 13781)

Margaret Stevenson (State Bar No. 112982)

Severa Keith (State Bar No. 218167)

Peter Reid (State Bar No.045808)

Craig Largent (Certified Law Student No. 12860)

Yvonne Meré (State Bar No. 173594)

Margaret Stevenson (State Bar No. 112982)

Peter Reid (State Bar No. 045808)

Stanford Community Law Clinic

2117 University Avenue

East Palo Alto, CA 94303

Tel: (650) 475-0560

Fax: (650) 326-4162

Attorneys for Plaintiff

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SANTA CLARA

UNLIMITED CIVIL JURISDICTION

MARIA LUISA ORTEGAMARTHA LOPEZ and
JESUS MIGUEL CARDOZA,
Plaintiffs,
vs.
HARRIS HOTDOG,
WIDA FEDAIY, an individual,
JOHN FEDAIY, an individual, and DOES 1-10, inclusive
Defendants HUNAN GARDEN RESTAURANT, INC., SIMON YUAN, an individual, SU CHEN TI, an individual, and DOES 1-X, inclusive
Defendants / ))
)
)
)
)
)
)
)
)
)
)
)
)
)
)
) / Case No.: 1-03-000895CV815661
PLAINTIFF’S’ FIRST SET OF
DOCUMENT REQUESTS REQUESTS FOR PRODUCTION
OF DOCUMENTS

PROPOUNDING PARTY:Plaintiffs MARTHA LOPEZMARIA LUISA ORTEGA and JESUS MIGUEL CARDOZA

RESPONDING PARTY:Defendant HUNAN GARDEN RESTAURANT, INCWIDA FEDAIY.

SET NUMBER:ONE

Pursuant to California Code of Civil Procedure § 2031, PlaintiffsMARIA LUISA ORTEGAMARTHA LOPEZ and JESUS MIGUEL CARDOZA requests that Defendant HUNAN GARDEN RESTAURANTWIDA FEDAIY, INC.produce the documents and tangible things described below for inspection and copying by the plaintiffs’s attorneys. The date and time for such inspection shall be on MondayWednesday, June 20November 3July 129, 2003 2004 at 10:00 a.m.(on some date 35 days after service). The place of inspection shall be at the Stanford Community Law Clinic, 2117 University Avenue, Suite A, East Palo Alto, CA 94303, or any other location that is mutually agreeable to both partiescounsel.

PLEASE NOTE: CaliforniaCode of Civil Procedure § 2031 requires two acts for compliance with this demand:

(1) Service of a written response, under oath, within thirty (30) days after service of this demand; and

(2) Production of documents on or before the date and time set forth above.

DEFINITIONS

For the purposes of this entire set of document requests, “DOCUMENT” or “DOCUMENTS” means a writing(s), as defined in Evidence Code § 250, and includes the original and any non-identical copy of handwriting, typewriting, printing, photostats, photographs, electronically stored information, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them.

For the purposes of this entire set of document requests, “YOU” and “YOUR” means Defendant WIDA JOHN FEDAIY.

For the purposes of this entire set of document requests, “DEPOSITION” means the deposition of Defendant JOHN FEDAIY taken on May 17, 2004.

DOCUMENT REQUESTS

DOCUMENT REQUEST NO. 1

Provide all DOCUMENTS that relate or refer to the employment of Plaintiff MARTHA LOPEZ, including, but not limited to the complete contents of any and all files maintained in Plaintiff’s name, time and payroll records, documents containing any reference to the performance of Plaintiff, documents containing the signature of Plaintiff, and documents reflecting the duties of any and all positions held by Plaintiff. Provide all DOCUMENTS contained in the “small box” described on page 34 of YOUR DEPOSITION (copy attached for convenience).

Please pProvide all DOCUMENTS identified in response to Plaintiffs’ first set of special interrogatoriesINTERROGATORIES including form interrogatories and Plaintiffs’ first set of special interrogatories to Defendant HUNAN GARDEN RESTAURANT, INC.

For the purposes of this entire set of document requests, “DOCUMENT” or “DOCUMENTS” means a writing(s), as defined in Evidence Code section 250, and includes the original and any non-identical copy of handwriting, typewriting, printing, photostats, photographs, electronically stored information, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them.

For the purposes of this entire set of document requests, “INTERROGATORIES” means both form interrogatories and special interrogatories.

Including identified in form interrogatories

DOCUMENT REQUEST NO. 2

Provide all DOCUMENTS that relate or refer to the employment of Defendant JOHN FEDAIY, including, but not limited to the complete contents of any and all files maintained in the Defendant JOHN FEDAIY’s name, time and payroll records, documents containing any reference to the performance of the Defendant JOHN FEDAIY, documents containing the signature of Defendant JOHN FEDAIY, and documents reflecting the duties of any and all positions held by Defendant JOHN FEDAIY.

Please pProvide all DOCUMENTS that relate or refer to the revenue and expenses of HARRIS HOTDOG from 1992 until the present, including, but not limited to the “booklets” described on pages 97-102 of YOUR DEPOSITION (copy attached for convenience).

DOCUMENTS that relate or refer to the start of Maria Luisa Ortega’s period of working in any capacity at HUNAN GARDEN RESTAURANT, INC., including, but not limited to, employment applications, hiring agreements and , receipt of a personnel manuals, etc., and the initial filing of a W-4 form for withholding of taxes. Do we want to ask about taxes since we know they are undocumented?

DOCUMENT REQUEST NO. 3

Provide all DOCUMENTS that relate or refer to the financial information upon which the tax returns for HARRIS HOTDOG were based for the years 1993 through 2002, including, but not limited to documents prepared for the purpose of filing tax forms and communications between YOU and Rio K. Chao, C.P.A. If DOCUMENTS are not available for all years, please provide those that are available.

Please pProvide all DOCUMENTS that relate or refer to the financial information upon which the tax returns for HARRIS HOTDOG were based for the years 1992 through the present, including, but not limited to documents maintained for the purpose of filing tax forms and communications between YOU and Rio K. Chao, C.P.A.

that relate or refer to the ongoing hourly and weekly schedule which Maria Luisa Ortega worked in any capacity at HUNAN GARDEN RESTAURANT, INC., including, but not limited to, time sheets, sign-in logs, itemized wage statements, pay stubs, time records, scheduling logs, assignment logs, and other time records.

DOCUMENT REQUEST NO. 4

Provide all DOCUMENTS constituting or relating to any and all agreements, written and oral, between YOU and the man who operated a hotdog cart at Lozano’s Car Wash prior to 1993.

Based upon YOUR waiver of objection on page 92 of YOUR DEPOSITION (copy attached for convenience), Plaintiff requests that YOU provide all DOCUMENTS that relate or refer to taxes paid by HARRIS HOTDOG for the years 1992 through the present, including, but not limited to tax returns, tax forms, and communications between YOU and the Internal Revenue Service.

DOCUMENT REQUEST NO. 5

Provide all DOCUMENTS that relate or refer to the purchase of the trailer in which HARRIS HOTDOG is currently located, including, but not limited to contracts for sale, title documents, canceled checks, etc.

Please pProvide all DOCUMENTS that relate or refer to the hourly wages paid to Maria Luisa Ortega during the time she worked in any capacity at HUNAN GARDEN RESTAURANT, INC., including, but not limited to, time sheets, itemized wage statements, and , pay stubs, paychecks, etc.., and time records. Somewhat duplicative with previous….,maybe keep wage and schedule documents separate

DOCUMENT REQUEST NO. 56

In order to verify YOUR allegation on page 85 of YOUR DEPOSITION that YOU alone purchased food items/supplies for HARRIS HOTDOG (copy attached for convenience), Plaintiff requests that YOU provide DOCUMENTS that relate or refer to YOUR purchase of food items/supplies for HARRIS HOTDOG at Safeway and other grocery stores, including, but not limited to business records, sales receipts, credit card statements, bank statements, returned checks, etc.Provide all DOCUMENTS that relate or refer to any and all loans from Mirwais Omar for the purpose of purchasing the trailer and/or operating HARRIS HOTDOG, including, but not limited to promissory notes, correspondence whichthat refers to the loans, canceled checks, etc.

Please pProvide all DOCUMENTS that relate or refer to when Maria Luisa Ortega stopped working in any capacity at HUNAN GARDEN RESTAURANT, INC.

DOCUMENT REQUEST NO. 67

Provide all DOCUMENTS that relate or refer to any and all other loans for the purpose of purchasing the trailer and/or operating HARRIS HOTDOG, including, but not limited to promissory notes, correspondence that refers to the loans, canceled checks, etc.

DOCUMENT REQUEST NO. 8

Provide all DOCUMENTS constituting or relating to any and all business licenses for HARRIS HOTDOG, including, but not limited to applications or registrations for these licenses.

Provide all DOCUMENTS constituting or relating to any and all agreements, written and oral, between HARRIS HOTDOG or its agents and Lozano’s Car Wash or its agents.

////

DOCUMENT REQUEST NO. 910

In order to compare YOUR employment practices at HARRIS HOTDOG with YOUR practices at the retail store which did or does business under the fictitious business name “Fashion City,” Plaintiff requests that YOU provide all DOCUMENTS that relate or refer to the employment records of Fashion City employees, redacting all personal information protected by employees’ right to privacy, including but not limited to pay stubs, timecards, attendance records, canceled checks, and documents containing any reference to the policies or procedures for payment of wages.

DOCUMENT REQUEST NO. 110

Provide all DOCUMENTS that relate or refer to YOUR enrollment in training programs and/or classes related to business, management, law, food sales, and food preparation.

DOCUMENT REQUEST NO. 121

Provide all DOCUMENTS that relate or refer to YOUR membership in organizations with a focus on commerce, business, management, food sales, and food preparation.

Please pProvide all DOCUMENTS that relate or refer to the start of Jesus Miguel Cardoza’s period of working in any capacity at HUNAN GARDEN RESTAURANT, INC., including, but not limited to, employment applications, hiring agreements, and receipt of a personnel manuals, and the initial filing of a W-4 form for withholding of taxes., etc. Same as above

DOCUMENT REQUEST NO. 7

Please provide all DOCUMENTS that relate or refer to the ongoing hourly and weekly schedule which Jesus Miguel Cardoza worked in any capacity at HUNAN GARDEN RESTAURANT, INC., including, but not limited to, time sheets, sign-in logs, pay stubs, time records, scheduling logs, assignment logs, and other time records.

including, but not limited to, time sheets, sign-in logs, itemized wage statements, pay stubs, time records, scheduling logs, assignment logs, and other time records. Same as above

DOCUMENT REQUEST NO. 8

Please provide all DOCUMENTS that relate or refer to the hourly wages paid to Jesus Miguel Cardoza during the time he worked in any capacity at HUNAN GARDEN RESTAURANT, INC., including, but not limited to, itemized wage statements, and pay stubs, paychecks., etc.

but not limited to, time sheets, itemized wage statements, pay stubs, and time records. Same as above

DOCUMENT REQUEST NO. 9

Please provide all DOCUMENTS that relate or refer to when Jesus Miguel Cardoza stopped working in any capacity at HUNAN GARDEN RESTAURANT, INC.

DOCUMENT REQUEST NO. 10

Please provide all DOCUMENTS that relate or refer to the employee rest period policies and practices in effect at HUNAN GARDEN RESTAURANT, INC. from March 20, 2000 through August 28, 2002, including, but not limited to, maybe include here personnel manuals, specifically.and other related employment materialsnotices, etc.

DOCUMENT REQUEST NO. 11

Please provide all DOCUMENTS that relate or refer to the employee meal period policies and practices in effect at HUNAN GARDEN RESTAURANT, INC. from March 20, 2000 through August 28, 2002, including, but not limited to, personnel manuals, and other related employment materialsnotices, etc. .

DOCUMENT REQUEST NO. 12

Please provide articles of incorporation of HUNAN GARDEN RESTAURANT, INC.

DOCUMENT REQUEST NO. 13

Please provide corporate by-laws of HUNAN GARDEN RESTAURANT, INC. and all DOCUMENTS that relate or refer to the corporate by-laws of HUNAN GARDEN RESTAURANT, INC.

DOCUMENT REQUEST NO. 14

Please provide all annual statements and/or annual reports of HUNAN GARDEN RESTAURANT, INC. since its incorporation.

DOCUMENT REQUEST NO. 15

Please provide all DOCUMENTS related to the organizational structure of Hunan Garden Restaurant, Inc. including a delineation of the management structure, number and capacities of employees, etc and other related information, etc.

DOCUMENT REQUEST NO. 16

Please provide minutes of all corporate meetings of HUNAN GARDEN RESTAURANT, INC. since its incorporation.

DOCUMENT REQUEST NO. 17

Please provide all DOCUMENTS relating to any and all rental agreements between HUNAN GARDEN RESTAURANT, INC. and Defendant SIMON YUAN and/or his wife SusSue for the property located at 3345 El Camino Real, Palo Alto, CA 94306, including but not limited to lease agreement, payment receipts, cancelled checks, and correspondence between lessor and lessee.

DOCUMENT REQUEST NO. 18

Please provide all corporate banking records of HUNAN GARDEN RESTAURANT, INC. since its incorporation, including, but not limited to, monthly statements and records of cash withdrawals and deposits.

DOCUMENT REQUEST NO. 19

Please provide all other financial records of HUNAN GARDEN RESTAURANT, INC. since its incorporation, including, but not limited to, any and all completed annual tax forms and corporate salary records.

DOCUMENT REQUEST NO. 20

Please provide all DOCUMENTS relating to the employment of Defendant SIMON YUAN, including, but not limited to, earning statements, payroll tax withholdings, employment agreements and personnel file.

DOCUMENT REQUEST NO. 21

Please provide all DOCUMENTS relating to deliveries to Hunan Garden Restaurant, Inc. from Sysco Corporation for the period between September 15, 1998 and August 28, 2002.

DOCUMENT REQUEST NO. 22

Please provide all DOCUMENTS relating to vendors and other service providers with whome Hunan Garden Restaurant, Inc. conducted business during the period from September 15, 1998 and August 28, 2002.

DOCUMENT REQUEST NO. 23

Please provide all documents relating to deliveries to Hunan Garden Restaurant, Inc. from Sysco Corporation and any other vendors or service providers for which Jesus Miguel Cardoza signed or in other way authorized or received.

//Also ask about insurance.

Sincerely,Date: June 17, 2004

Date: September 2302, 2003STANFORD COMMUNITY LAW CLINIC

By: ______

Craig Largent

By: ______

David Sapp

By: ______

Margaret Stevenson

By: ______

Yvonne Meré

Attorneys for Plaintiffs

By: ______

Yvonne Meré

By: ______

Margaret Stevenson

By: ______

Peter Reid

Attorneys for Plaintiffs

1
PLAINTIFF’S’ FIRST SET OF DOCUMENT REQUESTS