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DAVID J. COOK, ESQ. SBN 060859
COOK COLLECTION ATTORNEYS ELECTRONICALLY
A PROFESSIONAL LAW CORPORATION FILED
165 Feil Street, San Francisco, CA 94102 Superior Court of California,
P.O. Box 270, San Francisco, CA 94104-0270 County of San Francisco
Telephone: (415) 989-4730 07/2019
Faceumile: (415) 989-0491 03/¢ of f2 Court
cook@cookcollectionattorneys.com BY: SANDRA SCHIRO
Our File No. 58,002 Deputy Clerk
Attorneys for Plaintiffs ROBBIE LEE GILLELAND
and REBECCA GILLELAND
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL JURISDICTION
ROBBIE LEE GILLELAND
CASE NO. CPF 19 516563
and REBECCA GILLELAND,
NOTICE OF MOTION AND MOTION FOR
Plaintiffs, MOTION FOR ASSIGNMENT OF RIGHTS
UNDER C.C.P. §708.510(a), RESTRAINING
vs. ORDER UNDER C.C.P. §708.520(a), AND
TURNOVER ORDER UNDER C.C.P.
SHENZHEN FEST TECHNOLOGY §699.040, PURSUANT TO C.C.P. :
co., LTD, §1710.45(b)(2), AND THAT ALL ASSETS
LEVIED UPON SHALL BE IMPOUNDED
Defendant. PENDING SERVICE OF THE NOTICE OF
ENTRY OF THE SISTER STATE JUDGMENT
AND APPLICATION THEREON, PURSUANT
TO C.C.P. §1710.30(a).
[ASSIGNMENT MOTION]
Date of Hearing: April 23, 2019
Time of Hearing: 9:00 a.m.
Department: 301 (Enforcement of a Judgment)
Name of Judge: Honorable Ethan P. Schulman
[DISCOVERY]
eee
TO: SHENZHEN FEST TECHNOLOGY CO., LTD (HEREINAFTER, "SHENZHEN")
AND TO THEIR ATTORNEYS OF RECORD, IF ANY.
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NOTICE OF MOTION AND MOTION FOR APPOINTMENT OF A RECEIVER UNDER C.C.P. §699.070(a), C.C.P. §708.620, C.C.P, §564,
C.C.P, §554, C.C.P. §568, C.C.P. §568.5, MOTION FOR ASSIGNMENT OF RIGHTS UNDER C.C.P. §708.510(a), RESTRAINING ORDER
UNDER C.C.P. §708.520(a), AND TURNOVER ORDER UNDER C.C.P. §699.040, PURSUANT TO C.C.P. §1710,45(b)(2), AND THAT ALL.
ASSETS LEVIED UPON SHALL BE IMPOUNDED PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE
JUDGMENT AND APPLICATION THEREON, PURSUANT TO C.C.P. §1710.30(a).oe IN DW PF WY
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PLEASE TAKE NOTICE that on the 23rd day of April, at the hour of 9:00 am. or as soon.
thereafter as the matter can be heard, in the Law and Motion department of the Superior Court,
City and County of San Francisco, Department 301, before the Honorable Ethan P. Schulman,
Robbie Lee Gilleland and Rebecca Gilleland (hereinafter, collectively, "Plaintiffs"), will and do
hereby move this Court for the following relief:
1. For an order assigning all accounts, accounts receivable, rights to payment of
money, contingent rights, contract rights, deposits and deposit accounts, claims against third
parties, monies due from third parties, due and in favor of and for the benefit of Defendant -
SHENZHEN, and to each of the same, or any of Defendantt’s partners, assignees, and other persons
acting on his behalf, pursuant to the provisions of C.C.P. § 708.510. For purposes of clarity,
deposit accounts, checking accounts, certificates of deposits, lines of credit, credit balances due
under ATM cards, savings accounts, trust accounts, and safety deposit boxes, are specifically
subject to the terms and conditions of this order, and constitute a right of payment as assigned
herein.
2. ° Foran order restraining Defendant SHENZHEN, and to each of the same from the
sale, alienation, mortgage, lien, encumbrance, advancement, cashing or negotiation, or receipt or
exploitation of any of the accounts under C.C.P. § 708.520(a).
3. For an order compelling Defendant SHENZHEN, and to each of the same to turn
over any and all documentary evidence of any of the accounts, including but not limited to, any
checks, drafts, money orders, deposits, deposit accounts, books, records, papers or files, listing of
accounts, accounts receivable ledgers or journals, to and on behalf of the SHERIFF, COUNTY OF
SAN FRANCISCO, ATTN: CIVIL DIVISION, City Hall, Rm. 456, 1 Dr. Carlton B. Goodlett
Place, San Francisco, CA 94102, pursuant to the provisions of C.C.P. §699.040(a).
4, That All Assets Levied upon Shall Be Impounded Pending Service of the Notice of
Entry of the Sister State Judgment and Application Thereon, Pursuant to C.C.P. §1710.30(a).
2
NOTICE OF MOTION AND MOTION FOR APPOINTMENT OF A RECEIVER UNDER C.C.P. §699.070(a), C.C.P. §708.620, C.C.P. §564,
CCP. §554, C.C.P, §568, C.C.P. §568.5; MOTION FOR ASSIGNMENT OF RIGHTS UNDER C.C.P. §708.510(a), RESTRAINING ORDER
UNDER C.C.P. §708.520(a), AND TURNOVER ORDER UNDER C.C.P, §699.040, PURSUANT TO C.C.P. §1710.45(b)(2), AND THAT ALL.
ASSETS LEVIED UPON SHALL BE IMPOUNDED PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE
JUDGMENT AND APPLICATION THEREON, PURSUANT TO C.C.P. §1710.30(a).Ce YD DH A FF WN
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Plaintiffs have recovered a judgment against SHENZHEN in the principal amount of
$2,203,392.00, arising out of the Courts of the State of Georgia in which this judgment is now a
judgment out of the Courts of the State of California under C.C.P. §1710.15, etc. that SHENZHEN
has failed and refused and continues to fail and refuse to pay the judgment hereof; that
SHENZHEN is a foreign corporation and not registered in the state of California; and that the
Plaintiffs are entitled to enforce the judgment under C.C.P. §1710.45(b)(2), which includes, but is
not limited to, the motion for the appointment of a receiver of two trademarks in favor of
SHENZHEN and the collection of all of its accounts.and accounts receivable arising out of the sale
of its products on a worldwide basis. Plaintiff seeks the assignment of rights, but the collection of
the assigned receivables due SHENZHEN shall be impounded and held in trust and not sold or
distributed before thirty (30) days after the judgment creditor serves the notice of entry of the
judgment upon the judgment debtor, pursuant to C.C.P. §1710.45(d).
Plaintiffs are informed and believes that SHENZHEN is a major manufacturer of batteries,
chargers, lithium batteries and similar products, some or all of which bear the EFEST
TRADMARK, which are available for sale all throughout the internet, including but not limited to
for sale on Amazon.com.
Plaintiffs are informed, believe and have confirmed that SHENZHEN is the owner of the
following two trademarks:
A. The trademark "EFEST," registered with the United States Patent and
Trademark office (hereinafter, "USPTO"), Serial Number 86964014, which trademark is for goods
and services described herein as follow:
"IC 009. US 021 023 026 036 038. G & S: Computer monitors; notebook
computers; cabinets for loudspeakers; television apparatus for projection
purposes; theft prevention installations, electric; batteries, electric; computer
. peripheral devices; cell phones; portable telephones; battery chargers."
B. The trademark "EFEST," registered with the USPTO, Serial Number
86066338, which trademark is for goods and services described herein below:
3
NOTICE OF MOTION AND MOTION FOR APPOINTMENT OF A RECEIVER UNDER C.C.P. §699.070(a), C.C.P. §708.620, C.C.P. §564,
C.CP. §554, C.C.P. $568, C.C.P. §568.5, MOTION FOR ASSIGNMENT OF RIGHTS UNDER C.C.P. §708.510(a), RESTRAINING ORDER
UNDER C.C.P. §708.520(a), AND TURNOVER ORDER UNDER C.C.P, §699.040, PURSUANT TO C.C.P, §1710.45(b)(2), AND THAT ALL
ASSETS LEVIED UPON SHALL BE IMPOUNDED PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE
JUDGMENT AND APPLICATION THEREON, PURSUANT TO C.C.P. §1710,30(a).bh woN
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"IC 009. US 021 023 026 036 038. G&S: Batteries; Batteries and battery
chargers; Battery chargers; Burglar alarms; Computer networking hardware;
Electric connections and connectors; Electric contacts;-Electrical
connectors; Electrical plugs and sockets; Junction boxes; Network access
server hardware; Theft alarms."
Plaintiffs seek an assignment of the accounts, accounts receivable, rights to payment of
money, revenues, funds held in any bank or other depository, funds held by a credit card processor,
or other in the hands of a third party, funds held by AMAZON.COM, LLC, and related entities,
ALIBABA and related entities and all other parties who sell, distributor or make available the
product line of the SHENZHEN, whether subject to EFEST trademark or otherwise.
SHENZHEN has failed and refused and continues to fail and refuse to payment the
judgment in favor of the Plaintiffs, who are therefore entitled to extensive relief to reach the
revenue streams due SHENZHEN whose product line bears the trademark of EFEST or otherwise.
This motion is based upon this Notice, the attached Memorandtm of and
Authorities, the Declaration of David J. Cook, one d
‘On
| matters of which the Co
may take
judicial notice thereof, all papers, pleadings, and fon all oral
er matters on file herein, and
evidence and argument which may be prese:
DATED: March 7, 2019
Ri BECCA GILLELAND
4
NOTICE OF MOTION AND MOTION FOR APPOINTMENT OF A RECEIVER UNDER C.C.P. §699.070(a), C.C.P. §708,620, C.C.P. §564,
C.CP. §554, C.C.P. §568, C.C.P. §568.5, MOTION FOR ASSIGNMENT OF RIGHTS UNDER C.C.P. §708.510(a), RESTRAINING ORDER
UNDER C.C.P. §708.520(a), AND TURNOVER ORDER UNDER C.C.P. §699.040, PURSUANT TO C.C.P. §1710.45(b)(2), AND THAT ALL.
ASSETS LEVIED UPON SHALL BE IMPOUNDED PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE
JUDGMENT AND APPLICATION THEREON, PURSUANT TO C.C.P. §1710.30(a).
Preview
CD ew Xd DAW FF YW HY & Nw NN NR NY NN NY DH we me eae oe NAM RF WH KF DO wea DH PB WHY SF DAVID J. COOK, ESQ. SBN 060859 COOK COLLECTION ATTORNEYS ELECTRONICALLY A PROFESSIONAL LAW CORPORATION FILED 165 Feil Street, San Francisco, CA 94102 Superior Court of California, P.O. Box 270, San Francisco, CA 94104-0270 County of San Francisco Telephone: (415) 989-4730 07/2019 Faceumile: (415) 989-0491 03/¢ of f2 Court cook@cookcollectionattorneys.com BY: SANDRA SCHIRO Our File No. 58,002 Deputy Clerk Attorneys for Plaintiffs ROBBIE LEE GILLELAND and REBECCA GILLELAND SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED CIVIL JURISDICTION ROBBIE LEE GILLELAND CASE NO. CPF 19 516563 and REBECCA GILLELAND, NOTICE OF MOTION AND MOTION FOR Plaintiffs, MOTION FOR ASSIGNMENT OF RIGHTS UNDER C.C.P. §708.510(a), RESTRAINING vs. ORDER UNDER C.C.P. §708.520(a), AND TURNOVER ORDER UNDER C.C.P. SHENZHEN FEST TECHNOLOGY §699.040, PURSUANT TO C.C.P. : co., LTD, §1710.45(b)(2), AND THAT ALL ASSETS LEVIED UPON SHALL BE IMPOUNDED Defendant. PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE JUDGMENT AND APPLICATION THEREON, PURSUANT TO C.C.P. §1710.30(a). [ASSIGNMENT MOTION] Date of Hearing: April 23, 2019 Time of Hearing: 9:00 a.m. Department: 301 (Enforcement of a Judgment) Name of Judge: Honorable Ethan P. Schulman [DISCOVERY] eee TO: SHENZHEN FEST TECHNOLOGY CO., LTD (HEREINAFTER, "SHENZHEN") AND TO THEIR ATTORNEYS OF RECORD, IF ANY. 1 NOTICE OF MOTION AND MOTION FOR APPOINTMENT OF A RECEIVER UNDER C.C.P. §699.070(a), C.C.P. §708.620, C.C.P, §564, C.C.P, §554, C.C.P. §568, C.C.P. §568.5, MOTION FOR ASSIGNMENT OF RIGHTS UNDER C.C.P. §708.510(a), RESTRAINING ORDER UNDER C.C.P. §708.520(a), AND TURNOVER ORDER UNDER C.C.P. §699.040, PURSUANT TO C.C.P. §1710,45(b)(2), AND THAT ALL. ASSETS LEVIED UPON SHALL BE IMPOUNDED PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE JUDGMENT AND APPLICATION THEREON, PURSUANT TO C.C.P. §1710.30(a).oe IN DW PF WY RPM RRR RRND we ee me ee ee ee on ND UN FF BW NY & BD 0 CO I DUH FF W BY & OO PLEASE TAKE NOTICE that on the 23rd day of April, at the hour of 9:00 am. or as soon. thereafter as the matter can be heard, in the Law and Motion department of the Superior Court, City and County of San Francisco, Department 301, before the Honorable Ethan P. Schulman, Robbie Lee Gilleland and Rebecca Gilleland (hereinafter, collectively, "Plaintiffs"), will and do hereby move this Court for the following relief: 1. For an order assigning all accounts, accounts receivable, rights to payment of money, contingent rights, contract rights, deposits and deposit accounts, claims against third parties, monies due from third parties, due and in favor of and for the benefit of Defendant - SHENZHEN, and to each of the same, or any of Defendantt’s partners, assignees, and other persons acting on his behalf, pursuant to the provisions of C.C.P. § 708.510. For purposes of clarity, deposit accounts, checking accounts, certificates of deposits, lines of credit, credit balances due under ATM cards, savings accounts, trust accounts, and safety deposit boxes, are specifically subject to the terms and conditions of this order, and constitute a right of payment as assigned herein. 2. ° Foran order restraining Defendant SHENZHEN, and to each of the same from the sale, alienation, mortgage, lien, encumbrance, advancement, cashing or negotiation, or receipt or exploitation of any of the accounts under C.C.P. § 708.520(a). 3. For an order compelling Defendant SHENZHEN, and to each of the same to turn over any and all documentary evidence of any of the accounts, including but not limited to, any checks, drafts, money orders, deposits, deposit accounts, books, records, papers or files, listing of accounts, accounts receivable ledgers or journals, to and on behalf of the SHERIFF, COUNTY OF SAN FRANCISCO, ATTN: CIVIL DIVISION, City Hall, Rm. 456, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102, pursuant to the provisions of C.C.P. §699.040(a). 4, That All Assets Levied upon Shall Be Impounded Pending Service of the Notice of Entry of the Sister State Judgment and Application Thereon, Pursuant to C.C.P. §1710.30(a). 2 NOTICE OF MOTION AND MOTION FOR APPOINTMENT OF A RECEIVER UNDER C.C.P. §699.070(a), C.C.P. §708.620, C.C.P. §564, CCP. §554, C.C.P, §568, C.C.P. §568.5; MOTION FOR ASSIGNMENT OF RIGHTS UNDER C.C.P. §708.510(a), RESTRAINING ORDER UNDER C.C.P. §708.520(a), AND TURNOVER ORDER UNDER C.C.P, §699.040, PURSUANT TO C.C.P. §1710.45(b)(2), AND THAT ALL. ASSETS LEVIED UPON SHALL BE IMPOUNDED PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE JUDGMENT AND APPLICATION THEREON, PURSUANT TO C.C.P. §1710.30(a).Ce YD DH A FF WN 10 i 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs have recovered a judgment against SHENZHEN in the principal amount of $2,203,392.00, arising out of the Courts of the State of Georgia in which this judgment is now a judgment out of the Courts of the State of California under C.C.P. §1710.15, etc. that SHENZHEN has failed and refused and continues to fail and refuse to pay the judgment hereof; that SHENZHEN is a foreign corporation and not registered in the state of California; and that the Plaintiffs are entitled to enforce the judgment under C.C.P. §1710.45(b)(2), which includes, but is not limited to, the motion for the appointment of a receiver of two trademarks in favor of SHENZHEN and the collection of all of its accounts.and accounts receivable arising out of the sale of its products on a worldwide basis. Plaintiff seeks the assignment of rights, but the collection of the assigned receivables due SHENZHEN shall be impounded and held in trust and not sold or distributed before thirty (30) days after the judgment creditor serves the notice of entry of the judgment upon the judgment debtor, pursuant to C.C.P. §1710.45(d). Plaintiffs are informed and believes that SHENZHEN is a major manufacturer of batteries, chargers, lithium batteries and similar products, some or all of which bear the EFEST TRADMARK, which are available for sale all throughout the internet, including but not limited to for sale on Amazon.com. Plaintiffs are informed, believe and have confirmed that SHENZHEN is the owner of the following two trademarks: A. The trademark "EFEST," registered with the United States Patent and Trademark office (hereinafter, "USPTO"), Serial Number 86964014, which trademark is for goods and services described herein as follow: "IC 009. US 021 023 026 036 038. G & S: Computer monitors; notebook computers; cabinets for loudspeakers; television apparatus for projection purposes; theft prevention installations, electric; batteries, electric; computer . peripheral devices; cell phones; portable telephones; battery chargers." B. The trademark "EFEST," registered with the USPTO, Serial Number 86066338, which trademark is for goods and services described herein below: 3 NOTICE OF MOTION AND MOTION FOR APPOINTMENT OF A RECEIVER UNDER C.C.P. §699.070(a), C.C.P. §708.620, C.C.P. §564, C.CP. §554, C.C.P. $568, C.C.P. §568.5, MOTION FOR ASSIGNMENT OF RIGHTS UNDER C.C.P. §708.510(a), RESTRAINING ORDER UNDER C.C.P. §708.520(a), AND TURNOVER ORDER UNDER C.C.P, §699.040, PURSUANT TO C.C.P, §1710.45(b)(2), AND THAT ALL ASSETS LEVIED UPON SHALL BE IMPOUNDED PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE JUDGMENT AND APPLICATION THEREON, PURSUANT TO C.C.P. §1710,30(a).bh woN oom Id HW 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "IC 009. US 021 023 026 036 038. G&S: Batteries; Batteries and battery chargers; Battery chargers; Burglar alarms; Computer networking hardware; Electric connections and connectors; Electric contacts;-Electrical connectors; Electrical plugs and sockets; Junction boxes; Network access server hardware; Theft alarms." Plaintiffs seek an assignment of the accounts, accounts receivable, rights to payment of money, revenues, funds held in any bank or other depository, funds held by a credit card processor, or other in the hands of a third party, funds held by AMAZON.COM, LLC, and related entities, ALIBABA and related entities and all other parties who sell, distributor or make available the product line of the SHENZHEN, whether subject to EFEST trademark or otherwise. SHENZHEN has failed and refused and continues to fail and refuse to payment the judgment in favor of the Plaintiffs, who are therefore entitled to extensive relief to reach the revenue streams due SHENZHEN whose product line bears the trademark of EFEST or otherwise. This motion is based upon this Notice, the attached Memorandtm of and Authorities, the Declaration of David J. Cook, one d ‘On | matters of which the Co may take judicial notice thereof, all papers, pleadings, and fon all oral er matters on file herein, and evidence and argument which may be prese: DATED: March 7, 2019 Ri BECCA GILLELAND 4 NOTICE OF MOTION AND MOTION FOR APPOINTMENT OF A RECEIVER UNDER C.C.P. §699.070(a), C.C.P. §708,620, C.C.P. §564, C.CP. §554, C.C.P. §568, C.C.P. §568.5, MOTION FOR ASSIGNMENT OF RIGHTS UNDER C.C.P. §708.510(a), RESTRAINING ORDER UNDER C.C.P. §708.520(a), AND TURNOVER ORDER UNDER C.C.P. §699.040, PURSUANT TO C.C.P. §1710.45(b)(2), AND THAT ALL. ASSETS LEVIED UPON SHALL BE IMPOUNDED PENDING SERVICE OF THE NOTICE OF ENTRY OF THE SISTER STATE JUDGMENT AND APPLICATION THEREON, PURSUANT TO C.C.P. §1710.30(a).