r Beverly Hills 9720 Wilshire Boulevard, 5th Floor Beverly Hills, California 90212 I Raines FeIdmanLLP Lawyers Irvine 18401 Von Karman Avenue, Suite 360 Irvine, California 92612 Main: 310.440.4100 www.raineslaw.com Fax: 310.691.1238 esyverson@rpineslaw.com May 3, 2016 VIA PERSONAL DELIVERY Custodian of Records CT Corporation System do Glassdoor, Inc. 818 W. 7th Street, Ste. 930 Los Angeles, CA 90017 Re: Philip J. Layfield v. Does 1 through 25 et al. Los Angeles Superior Court Case No. BC618139 Dear Custodian of Records: Enclosed is a Deposition Subpoena for Production of Business Records regarding user information relevant to the above captioned case. The Subpoena is duly issued and is being served upon you pursuant to the California Discovery Act. Because the records requested must be authenticated, I am also enclosing a form Declaration of Custodian of Records that you may use for that purpose, if your company does not have its own declaration that is compliant with California Evidence Code § 1561, which requires such declarations to include a description of the records produced and the mode of preparation. Although the enclosed subpoena specifies production of records at our legal document reproduction company, you may instead make a direct production to our office. Also, I would be happy to provide you with electronic copies of any of the Custodian of Records May 3, 2016 Page 2 documents served herein or otherwise assist you as necessary and appropriate to reduce any burden associated with your response to the subpoena. Thank you for your anticipated cooperation in this matter. Please contact our office with any questions. Sincerely, f4 ~ Erik S. Syverson of RAIN ES FELDMAN LLP Enclosed: Deposition Subpoena for Production of Business Records; Attachment "3" to Deposition Subpoena for Production of Business Records; Declaration of Custodian of Records SUBP-010 FOR COURT USE ONI.V ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and ed&ess): _Erik S. Syverson (State Bar No. 221933) RAINES FELDMAN LLP 9720 Wilshire Boulevard, 51h Floor Beverly Hills, California 90212 TELEPHONE NO.: (310) 440-4100 FAX NO.: (310) 765-7730 E-MAIL ADDRESS: esyverson@rainesiaw.com ATTORNEY FOR (Name): Plaintiffs Philip J. Layfield and Layfield & Barrett, APC. SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles STREET ADDRESS: MAILINGADDRESS: CITYANDZIPCODE: BRANCH NAME: 111 North Hill Street 111 North Hill Street Los Angeles, California 90012 Central District PLAINTIFF/PETITIONER: Philip J. Layfield; Layfield & Barrett, APC. DEFENDANT/RESPONDENT: Does I through 25 DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS CASE MER 8 39 THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of deponent, If known): CT Corporation System, do Glassdoor,Inc. 818W. 7th Street, Ste. 930, Los Angeles, California 90017 1. YOU ARE UIItKW TO PIKUDUCE THE USINSS RECORDS described In Item 3, as follows: To (name of deposition officer): ProLegal On (date): May 24, 2016 At (time): 10:00 a.m. Location (address): 17921 Sky Park Circle, Suite C, Irvine, CA 92614 Do not release the requested records to the deposition officer prior to the date and time stated above. DQ by delivering a true, legible, and durable copy of the business records described in item 3, enclosed in a sealed Inner wrapper with the title and number of the action, name of witness, and date of subpoena clearly written on it, The inner wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposition officer at the address In Item 1. by delivering a true, legible, and durable copy of the business records described In Item 3 to the deposition officer at the witness's address, on receipt of payment in cash or by check of the reasonable costs of preparing the copy, as determined under Evidence Code section 1563(b). 0 by making the original business records described in Item 3 available for inspection at your business address by the attorney's representative and permitting copying at your business address under reasonable conditions during normal business hours, 2. The records are to be produced by the date and time shown in Item I (but not sooner than 20 days after the Issuance of the deposition subpoena, or 15 days after seivice, whichever date is later). Reasonable costs of locating records, making them available or copying them, and postage, if any, are recoverable as set forth in Evidence Code section 1563(b). The records shall be accompanied by an affidavit of the custodian or other qualified witness pursuant to Evidence Code section 1561, 3. The records to be produced are described as follows (if electronically stored information/s demanded, the form or forms in which each type of information is to be produced may be specified): Continued on Attachment 3. 4. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS, DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT, YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM FAILURE TO OBEY. I Date issued: May 2, 2016 Erik S. Syverson (TYPE OR PRINT NAME) UREO PERSON ISSUING SUBPOENA) Attorney for Plaintiffs (TITLE) Form Adopted for Mendatoi-y Use Judidml CouncIl of California SUOP-OlO [Rev. January 1,20121 (Proof of service on reverse) DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS Page 1*f 2 Code of Civil Procedure, 6§ 2020410-2020.440: Governrnenl Code. § 6809,1 avew.courfs.ca.gov SUBP-01O PLAINTIFF/PETITIONER: Philip J. Layfleld and Layfield & Barrett APC, - CASE NUMBER: BC618139 DEFENDANT/RESPONDENT: Does 1 through 25 PROOF OF SERVICE OF DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS 1. I served this Deposition Subpoena for Production of Business Records by personally delivering a COPY to the person served as follows: Person served (name): Address where served: Date of delivery: Time of delivery: (1) (2) Witness fees were paid. 0 Amount ' ................................ $ Copying fees were paid. Amount. ................................ $ Fee for service' .................................. $ 2. I received this subpoena for service on (date): 3. Person serving: Not a registered California process server. California sheriff or marshal. Registered California process server. Employee or independent contractor of a registered California process server. Exempt from registration under Business and Professions Code section 22350(b). Registered professional photocopier. Exempt from registration under Business and Professions Code section 22451. Name, address, telephone number, and, if applicable, county of registration and number: 0 0 El I doclare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, (For California sheriff or marshal use only) I certify that the foregoing is true and correct. Date: Date: (SIGNATURE) SUBP.010 tRov. .kinuary 1. 20121 (SIGNATURE) DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS Aneiliii LeaINeI, Ii,c. fQ!uW,rIFIow.com 1 ATTACHMENT "3" 2 TO DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS 3 DEFINITIONS AND INSTRUCTIONS 4 5 6 1. "DOCUMENT" or "DOCUMENTS" refers to writings as defined by California Evidence Code § 250 and includes, but is not limited to, the original and all drafts of all written or graphic matter, however produced or reproduced, of any kind of description, and all copies thereof 7 which are different from the original (whether different by interlineation, receipt stamp, notation, 8 indication of copies sent or received, or otherwise), whether printed or recorded electronically or 9 magnetically or reproduced by hand. 10 2. The term "PERSON" shall mean and include all natural persons, as well as 11 12 13 14 15 16 17 corporations, partnerships, and other business entities. 3. The phrases "RELATE TO," "RELATING TO," or "RELATED TO" as used herein, shall mean, in whole or in part, constituting, containing, embodying, reflecting, regarding referring to, concerning, identifying, stating, implying, evidencing, supporting, documenting, memorializing, mentioning, or in any way relating or pertaining to, the subject designated. 4. The terms "ANY," "EACH," or "ALL" shall be read to be all inclusive and to require the production of each and every DOCUMENT responsive to a particular request for 18 production in which such term appears. 19 5. The terms "YOU" AND "YOUR" as used herein, shall mean and refer to 20 Glassdoor, Inc., the entity that owns the website www.glassdoor.com , and YOUR present and 21 former agents, representatives, employees, attorneys, accountants, auditors, investigators, and all 22 23 24 25 26 27 other person(s) acting or purporting to act on YOUR behalf. 6. The phrase "IDENTIFYING INFORMATION" as used herein, shall mean any information that can be used to identify individuals, including, but not limited to, names, addresses, telephone numbers, email addresses, usemames, Internet Protocol ("IP") addresses, server log entries, methods of payment, credit card information, billing records, and any Inten1et Service Providers ("ISP") associated with these individuals. 28 ATTACHMENT "3" 1 7. As used herein, the connectives "4" and "or" shall be construed conjunctively or 2 disjunctively, as necessary, to make the requests inclusive rather than exclusive to bring within the 3 scope of the discovery request all responses that might otherwise be construed to be outside of its 4 scope. 5 8. As used herein, any and all references to the singular in any of these requests shall 6 also include a reference to the plural, and any and all references to the plural shall include a 7 reference to the singular. DOCUMENT REOUESTS 8 9 REQUEST FOR PRODUCTION NO.!: 10 ANY and ALL DOCUMENTS in YOUR possession, custody, or control, that state, list, 11 describe, or refer to IDENTIFYING INFORMATION RELATED TO the PERSON(S) who 12 authored, submitted for publication or posted to YOUR website, www.glassdoor.com, the review 13 dated March 28, 2016 and entitled "Bad place to work (this company just changed its name) 14 Research Layfield & Wallace", that appeared at https ://www.glassdoor. comlReviews/Layfield15 and-Barrett-Reviews-Eli 50756.htm. 16 REQUEST FOR PRODUCTION NO.2: 17 ANY and ALL DOCUMENTS in YOUR possession, custody, or control, that state, list, 18 describe, or refer to IDENTIFYING INFORMATION RELATED TO the PERSON(S) who 19 authored, submitted for publication or posted to YOUR website, www.glassdoor.com, the review 20 dated December 4, 2015 and entitled "Deceptive, Unethical, Poorly Managed, No Sense of 21 Direction", that appeared at https ://www.glassdoor.cornlReviews/Layfield-and-Wall ace-Reviews22 El 00461 8.htrn. 23 REQUEST FOR PRODUCTION NO.3: 24 ANY and ALL DOCUMENTS in YOUR possession, custody, or control, that state, list, 25 describe, or refer to IDENTIFYING INFORMATION RELATED TO the PERSON(S) who 26 authored, submitted for publication or posted to YOUR website, www.glassdoor.com, the review 27 dated December 3, 2015 and entitled "You will HATE working here - Please read all the 28 ATTACHMENT "3" 1 reviews", that appeared at https://www.glassdoor. comlReviews/Layfield-and-Wallace-Reviews2 E100461 8.htm. 3 REQUEST FOR PRODUCTION NO.4: 4 ANY and ALL DOCUMENTS in YOUR possession, custody, or control, that state, list, 5 describe, or refer to IDENTIFYING INFORMATION RELATED TO the PERSON(S) who 6 authored, submitted for publication or posted to YOUR website, www.glassdoor.com, the review 7 dated October 9, 2015 and entitled "Working Here is Psychological Torture", that appeared at 8 https ://www.glassdoor. comlReviews/Layfield-and-Wallace-Reviews-E 1004618 .htm 9 REQUEST FOR PRODUCTION NO.5: 10 ANY and ALL DOCUMENTS in YOUR possession, custody, or control, that state, list, 11 describe, or refer to IDENTIFYING INFORMATION RELATED TO the PERSON(S) who 12 authored, submitted for publication or posted to YOUR website, www.glassdoor.com, the review 13 dated September 27, 2015 and entitled "New Admitees Beware", that appeared at 14 https ://www.glassdoor.comlReviews/Layfield-and-Wallace-Reviews-E 1004618 .htm 15 REQUEST FOR PRODUCTION NO.6: 16 ANY and ALL DOCUMENTS in YOUR possession, custody, or control, that state, list, 17 describe, or refer to IDENTIFYING INFORMATION RELATED TO the PERSON(S) who 18 authored, submitted for publication or posted to YOUR website, www.glassdoor.com, the review 19 dated September 7, 2015 and entitled "For the love of God, do NOT work here", that appeared at '20 https ://w'ww.glassdoor.cornlReviews/Layfield-and-Wall ace-Reviews-E 100461 8_P2 .htrn. 21 REQUEST FOR PRODUCTION NO.7: 22 ANY and ALL DOCUMENTS in YOUR possession, custody, or control, that state, list, 23 describe, or refer to IDENTIFYING INFORMATION RELATED TO the PERSON(S) who 24 authored, submitted for publication or posted to YOUR website, www.glassdoor.com, the review 25 dated August 3, 2015and entitled "Anyone who give this place a full rating has literally just started 26 working there", that appeared at https ://www. glassdoor.cornlReviews/Layfield-and-Wallace27 Reviews-E100461 8P2.htrn. 28 ATTACHMENT "3" 1 REQUEST FOR PRODUCTION NO.8: 2 ANY and ALL DOCUMENTS in YOUR possession, custody, or control, that state, list, 3 describe, or refer to IDENTIFYING INFORMATION RELATED TO the PERSON(S) who 4 authored, submitted for publication or posted to YOUR website, www.glassdoor.com, the review 5 dated August 1, 2015 and entitled "Working for Philip J. Layfield (a.k.a Philip S. Pesin) was pure 6 misery", that appeared at https ://www.glassdoor. comlReviews/Layfield-and-Wallace-Reviews7 El 00461 8P2.htm. 8 REQUEST FOR PRODUCTION NO.9: 9 ANY and ALL DOCUMENTS in YOUR possession, custody, or control, that state, list, 10 describe, or refer to IDENTIFYING INFORMATION RELATED TO the PERSON(S) who 11 authored, submitted for publication or posted to YOUR website, www.glassdoor.com, the review 12 dated May 28, 2015 and entitled "Horrible place to work. Unreasonably Cruel", that appeared at 13 https ://www.glassdoor.comlReviews/Layfield-and-Wallace-Reviews-E 100461 8_P2 .htrn. 14 REQUEST FOR PRODUCTION NO. 10: 15 ANY and ALL DOCUMENTS in YOUR possession, custody, or control, that state, list, 16 describe, or refer to IDENTIFYING INFORMATION RELATED TO the PERSON(S) who 17 authored, submitted for publication or posted to YOUR website, www.glassdoor.com, the review 18 dated October 7, 2015 and entitled "Phil Layfield Changed His Name from Phil Pesin for a 19 Reason", that appeared at https ://www.glassdoor.co.uklReviews/Employee-Review-Layfield-and20 Wallace-RVW82 I 6896.htm. 21 REQUEST FOR PRODUCTION NO. 11: 22 ANY and ALL DOCUMENTS in YOUR possession, custody, or control, that state, list, 23 describe, or refer to IDENTIFYING INFORMATION RELATED TO the PERSON(S) who 24 authored, submitted for publication or posted to YOUR website, www.glassdoor.com, the review 25 dated March 21, 2016 and entitled "Layfield & Barrett, wallace or pesin STAY AWAY!!! BAD 26 BOSS", that appeared at https://www .glassdoor.comlReviews/Layfield-and-Barrett-Reviews27 Eli 50756.htm. 28 ATTACHMENT "3" 1 REQUEST FOR PRODUCTION NO. 12: ANY and ALL DOCUMENTS in YOUR possession, custody, or control, that state, list, 2 3 describe, or refer to IDENTIFYING INFORMATION RELATED TO the PERSON(S) who 4 authored, submitted for publication or posted to YOUR website, www.glassdoor.com, the review 5 dated April 2, 2016 and entitled "Don't let the name change fool you, read the reviews for 6 Layfield & Wallace. This is Phil Pesin's way of 'starting fresh", that appeared at 7 https://www.glassdoor.comlReviews/Layfield-and-Barrett-Reviews-E 11 50756.htm. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ATTACHMENT "3" I 1 2 3 4 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF LOS ANGELES 10 11 PHILIP J. LAYFIELD, an individual and LAYFIELD & BARRETT, APC., a California professional corporation, 12 13 [Unlimited Jurisdiction] Plaintiffs, 14 v. 15 DOES 1 through 25, inclusive, 16 CASE NO. BC618139 DECLARATION OF CUSTODIAN OF RECORDS FOR AUTOMATTIC, INC., PURSUANT TO CALIFORNIA EVIDENCE CODE § 1561 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF CUSTODIAN OF RECORDS DECLARATION OF CUSTODIAN OF RECORDS 1 2 3 declare and state as follows: 1. I am the duly authorized custodian of records for Glassdoor, Inc., and I have 4 authority to certify such records. 5 2. My business address is 3. I was served with a civil subpoena duces tecum in the above-captioned proceeding 6 7 8 (the "Subpoena"). 9 4. The copies produced in response to the Subpoena are true and correct copies of all 10 records requested in the Subpoena, which are in my possession as custodian of records. 11 5. The original records from which the accompanying copies were made have been 12 prepared by _ in the ordinary course of business at or 13 near the times of the acts, conditions or events recorded therein. 14 6. The records are identified as follows: 7. The following is a description of the mode of preparation: 15 16 17 18 19 20 21 22 23 I declare under penalty of perjury under the laws of the State of California that the 24 foregoing is true and correct and that this declaration was executed on 25 26 27 Declarant 28 DECLARATION OF CUSTODIAN OF RECORDS , 2016, at