Superior Court of California

County of Los Angeles

Department 78

ZUR GIAT,

DAVID DAYANOFF; THE FAIRWAY APARTMENTS 9, LLC; and DOES 1 through 50, inclusive, 

DEFENDANT/CROSS-COMPLAINANT DAVID DAYANOFF’S MOTION TO QUASH DEPOSITION NOTICE AND PROTECTIVE ORDER

The motion to quash the deposition notice of David Dayanoff is DENIED.

Defendant/Cross-Complainant David Dayanoff is ordered to appear for deposition within 30 days. Counsel are to meet and confer and set a mutually agreeable date within the next 30 days.

If Dayanoff believes that Plaintiff's attorney should be disqualified from the case, a motion to disqualify must be filed.

With respect to the requests for production that are attached to the deposition notice, Plaintiff seeks a protective order with respect to the following requests: 2, 4, 10 (sic), 7, 9-30. The requests are set forth below. 

2. All CORRESPONDENCE exchanged by and between FAIRWAY and Zur Giat (“GIAT” or “PLAINTIFF”). 

4. All CORRESPONDENCE by and between YOU and GIAT TO the SUBJECT PROPERTY. 

10. [SIC] All CORRESPONDENCE between YOU and any PERSON RELATING TO the SUBJECT PROPERTY. (“PERSON” means any natural person or any business, legal, or governmental entity.) 

7. Any and all DOCUMENTS EVIDENCING or RELATING TO any agreement between YOU and any PERSON for the sale of the SUBJECT PROPERTY.

9. DOCUMENTS EVIDENCING or RELATING TO any agreement between YOU and any PERSON for the refinance of the SUBJECT PROPERTY. 

10. DOCUMENTS EVIDENCING or RELATING TO any agreement between YOU and any PERSON RELATING TO the SUBJECT PROPERTY. 

11. DOCUMENTS EVIDENCING property tax payments by YOU for the SUBJECT PROPERTY. 

12. DOCUMENTS EVIDENCING payments by YOU RELATING TO upkeep of the SUBJECT PROPERTY. 

13. DOCUMENTS EVIDENCING payments by YOU for improvements on the SUBJECT PROPERTY. 

14. DOCUMENTS EVIDENCING payments by YOU for insurance for the SUBJECT PROPERTY. 

15. DOCUMENTS EVIDENCING payments by YOU for attorney's fees RELATING TO the SUBJECT PROPERTY. 

16. DOCUMENTS EVIDENCING or RELATING TO any agreement between YOU and any PERSON for financing of the SUBJECT PROPERTY. 

17. DOCUMENTS EVIDENCING or RELATING TO any loan applications, for all loans sought to be secured by the SUBJECT PROPERTY, applied for by YOU since July 1, 2019, whether taken or approved. 

18. For the years 2019 through 2022, inclusive, please produce copies of portions of federal and state income tax returns filed by YOU individually and/or jointly, together with accompanying work sheets, any amendments, adjustments, extensions requests and all correspondence relating thereto. 

19. DOCUMENTS EVIDENCING the source of all monies or credits of any matter whatsoever received by YOU or credited to YOU derived from the SUBJECT PROPERTY. 

20. DOCUMENTS EVIDENCING the amounts of all monies or credits of any matter whatsoever received by YOU or credited to YOU derived from the SUBJECT PROPERTY. 

21. DOCUMENTS EVIDENCING the source and amounts of all monies or credits of any matter whatsoever paid by YOU or tendered by YOU towards maintenance and/or expenses of the SUBJECT PROPERTY, including but not limited to, taxes, insurance, mortgage, plumbing, and general maintenance. 

22. Check registers or stubs, canceled checks, bank statements, passbooks, certificates of deposit, Eurodollar accounts and/or commercial papers or banker's acceptances, traveler's check and cashier's check acquisition records, and any other documents reflecting deposits, withdrawals and exchange of funds at any bank or financial institution having money in its possession, whether in the State of California, in or out of the United States of America (a) owned by YOU or standing in YOUR name, individually or jointly with any other person, and (b) owned by or standing in the name of any corporation, partnership, limited partnership, joint venture, trust or other entity in which YOU have or have had any interest. 

23. Financial statements, prepared on either cash basis and/or accrual basis, including balance sheets and profit and loss statements, prepared by or for YOU, individually or jointly with any other person. 

24. Books of account, cash receipts and disbursement ledgers, and all other documents reflecting income, expenses and/or assets and liabilities of FAIRWAY. 

25. All contracts, sales agreements, escrow instructions, deeds, policies of title insurance, tax bills, promissory notes, trust deeds, escrow statements, appraisal reports, mortgage statements, insurance policies, rental income and expense records, leases and any other documents reflecting ownership, cost of acquisition, sources and application of funds utilized to pay cost of acquisition, value, obligations owed, selling price, income and expenses, (including monthly payments and present outstanding balance of principal and interest) of the SUBJECT PROPERTY. 

26. For the time period July 1, 2019 through the date of production, please produce all bills, receipts, copies of checks paid for all work and/or improvements paid for by YOU on the SUBJECT PROPERTY, including, but not limited to, monies paid to architects, people who have worked on the subject real property and/or companies hired to perform work on the SUBJECT PROPERTY. 

27. All profit and loss statements prepared on behalf of YOU from July 1, 2019, to the present. 

28. All DOCUMENTS RELATED TO FAIRWAY’s operating agreement, including but not limited to all drafts and amendments. 

29. All DOCUMENTS, including but not limited to bank statements and check copies, evidencing or RELATING TO any checking account maintained by YOU or anyone on YOUR behalf. 

30. DOCUMENTS evidencing or RELATING TO any copies of checks, wire transfer memos, deposit slips and/or withdrawal slips/memos, relating to any funds withdrawn from, or deposited into, any bank account that holds or held funds. 

31. Any and all DOCUMENTS regarding, concerning, or RELATING TO the identity and responsibilities of each officer of FAIRWAY. 

32. Any and all DOCUMENTS regarding, concerning, or RELATING TO the identity and responsibilities of each member of FAIRWAY.

For the reasons stated by Plaintiff, a protective order is GRANTED with respect to the listed requests for documents.

The Court declines to impose sanctions.

This matter could have easily been resolved by the parties without the intervention of the court.

Moving party to provide notice and to file proof of service of such notice within five court days after the date of this order.

DATED:  January 24, 2024

                                                                 Hon. Jill Feeney 

                                                                 Judge of the Superior Court