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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Feb-27-2019 8:38 am
Case Number: CPF-19-516563
Filing Date: Feb-27-2019 8:09
Filed by: KENNETH HUNT
Image: 06704263
APPLICATION FOR ENTRY OF SISTER-STATE JUDGMENT
ROBBIE LEE GILLELAND ET AL VS. SHENZEN FEST TECHNOLOGY CO., LTD.
001006704263
Instructions:
Please place this sheet on top of the document to be scanned.oe
[ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY
|David J. Cook, Esq. SBN: 060859 415-989-4730
COOK COLLECTION ATTORNEYS PLC fax: 415-989-0491
165 Fell Street
SAN FRANCISCO, CA 94102
ATTORNEY FOR (Name ROBBIE LEE GILLELAND and REBECCA GILLELAND
NAME OF COURT: Superior Court of California, County of San Francisco
STREET ADDRESS: 400 McAllister Street
maiLinc apoREss: 400 McAllister Street
city ano zip cope: San Francisco, 94102-4515
BRANCH NAME: Civic Center Courthouse
PLAINTIFF: ROBBIE LEE GILLELAND and REBECCA GILLELAND
DEFENDANT: SHENZHEN FEST TECHNOLOGY CO., LTD, et al.
CASE NUMBER:
NOTICE OF ENTRY OF JUDGMENT ON SISTER-STATE Jupcment | CPF - 15-5 16563
1. TO JUDGMENT DEBTOR (name):SHENZHEN FEST TECHNOLOGY CO., LTD
2. YOU ARE NOTIFIED
a. Upon application of the judgment creditor, a judgment against you has been entered in this court as follows:
(1) Judgment creditor (name):ROBBIE LEE GILLELAND and REBECCA GILLELAND, c/o David J. Cook, Esq.,
(2) Amount of judgment entered in this court: $2,383,514.95
b. This judgment was entered based upon a sister-state judgment previously entered against you as follows:
(1) Sister state (name):Georgia
(2) Sister-state court (name and location): Superior Court of Harris County, State of Georgia, 102 N College St, Hamilton,
GA 31811
(3) Judgment entered in sister state on (date): January 22, 2018
(4) Title of case and case number (specify): ROBBIE LEE GILLELAND and REBECCA GILLELAND v. SHENZHEN
FEST TECHNOLOGY CO., LTD., et al., Case No. 16-CV-206
3. A sister-state judgment has been entered against you in a California court. Unless you file a motion to vacate
the judgment in this court within 30 DAYS after service of this notice, this judgment will be final.
This court may order that a writ of execution or other enforcement may issue. Your wages, money, and property
could be taken without further warning from the court.
If enforcement procedures have already been Issued, the property levied on will not be distributed until 30 days
after you are served with this notice.
Date: FEB 27 2019 Clerk, by , Deputy
4. [J NOTICE To THE PERSON SERVED: You are served KENNETH B, HUNT
a. | as an individual judgment debtor.
b. [__] under the fictitious name of (specify):
Cc. CC on behalf of (specify):
Under:
[=] cep 416.10 (corporation) LJ cep 416.60 (minor)
[__] cop 416.20 (defunct corporation) [__] CCP 416.70 (conservatee)
LJ cop 416.40 (association or partnership) [J cep 416.90 (individual)
other:
(Proof of service on reverse)
ser AION he NOTICE OF ENTRY OF JUDGMENT ON cor 171930 171040
teal Canc of Calfor SISTER-STATE JUDGMENT rena oe erPROOF OF SERVICE
(Use separate proof of service for each person served)
1. | served the Notice of Entry of Judgment on Sister-State Judgment as follows:
a. on judgment debtor (name): SHENZHEN FEST TECHNOLOGY CO., LTD
b. by serving [] judgment debtor [) other (name and title or relationship to person served):
c« ([]
a)
by delivery [_] athome [__] at business
(1) date:
(2) time:
(3) address:
by mailing
(1) date:
(2) place:
2. Manner of service (check proper box):
a.
Personal service. By personally delivering copies. (CCP 415.10)
b. Substituted service on corporation, unincorporated association (including partnership), or public entity. By
leaving, during usual office hours, copies in the office of the person served with the person who apparently was in
charge and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the
copies were left. (CCP 415.20(a))
c. [_] Substituted service on natural person, minor, conservatee, or candidate. By leaving copies at the dwelling
house, usual place of abode, or usual place of business of the person served in the presence of a competent member
of the household or a person apparently in charge of the office or place of business, at least 18 years of age, who was
informed of the general nature of the papers, and thereafter inating (by first-class mail, postage prepaid) copies to the
person served at the place where the copies were left. (CCP 415.20(6)) (Attach separate declaration or affidavit
stating acts relied on to establish reasonable diligence in first attempting personal service.)
d. [__] Mail and acknowledgment service. By mailing (by first-class mail or airmail, postage prepaid) copies to the person
served, together with two copies of the form of notice and acknowledgment and a return envelope, postage prepaid,
addressed to the sender. (CCP 415.30) (Attach completed acknowledgment of receipt.)
e. [_] Certified or registered mail service. By mailing to an address outside California (by first-class mail, postage prepaid,
wiring a return receipt) copies to the person served. (CCP 415.40) (Attach signed return receipt or other
evidence of actual delivery to the person served.)
f. (-] Other (specify code section):
[[) Additional page is attached.
3. The “Notice to the Person Served" was completed as follows:
a. (_] as an individual judgment debtor.
b. [__] as the person sued under the fictitious name of (specify):
c. [-_] onbehalf of (specify):
under: CCP 416.10 (corporation) CCP 416.60 (minor) [J other:
CCP 416.20 (defunct corporation) CCP 416.70 (conservatee)
L_] cop 416.40 (association or partnership) [J cop 416.90 (individual)
4. At the time of service | was at least 18 years of age and not a party to this action.
5. Fee for service: $
6. Person serving:
a. California sheriff, marshal, or constable. f. Name, address and telephone number and, if applicable,
b. Registered California process server. county of registration and number:
ef] Employee or independent contractor of a registered
alifornia process server.
Not a registered California process server.
Exempt from registration under Bus. & Prof. Code
22350(b).
I declare under penalty of perjury under the laws of the (For California sheriff, marshal, or constable use only)
State of California that the foregoing is true and correct.
Date:
»
{EJ-110]
| certify that the foregoing is true and correct.
Date:
»
(SIGNATURE) (SIGNATURE)°o CM-01
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and adores): FOR COURT USE ONLY
| David J. Cook, Esq. SBN: 060859
COOK COLLECTION ATTORNEYS PLC
165 Fell Street, SAN FRANCISCO, CA 94102
TELEPHONE NO.:415-989-4730 Fax No.:415-989-0491 F I L E D
ATTORNEY FOR (Name):Robbie Lee Gilleland and Rebecca Gilleland
[SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO San Francisco County Superior Court
sTREET apDRESS: 400 McAllister Street
MAILING ADDRESS: 400 McAllister Street FEB 2 7 2019
GITY AND ZIP CODE: San Francisco, 94102-4515
anAnov Nane: Civic Center Courthouse FE SOURT
CASE NAME: Robbie Lee Gilleland and Rebecca Gilleland v. Shenzhen Fest BY:
Technology, Ltd., et al. Clerk
CIVIL CASE COVER SHEET Complex Case Designation CPF
Unlimited [_] Limited . $ Cc 19-5 16 563
(Amount (Amount [1 counter [_] Joinder
JUDGE:
demanded demanded is Filed with first appearance by defendant
exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT:
Items 1-6 below must be completed (see instructions on page 2).
1. Check one box below for the case type that best describes this case:
Auto Tort Contract Provisionally Complex Civil Litigation
LH ‘Auto (22) [] Breach of contractwarranty (06) (Cal. Rules of Court, rules 3.400-3.403)
Uninsured motorist (46) CO Rule 3.740 collections (09) Oo Antitrust/Trade regulation (03)
Other PI/PD/WD (Personal injury/Property CI Other collections (09) CO Construction defect (10)
Damage/Wrongful Death) Tort [J insurance coverage (18) [J mass tort (40)
‘Asbestos (04) [1 other contract (37) (J securities litigation (28)
Product liability (24) Real Property LJ EnvironmentavToxic tort (30)
Medical malpractice (45) [1 Eminent domain/inverse [insurance coverage claims arising from the
[J other pvppwo (23) condemnation (14) above listed provisionally complex case
Non-Pi/PD/WD (Other) Tort [1 wrongful eviction (33) types (41)
[J susiness tortiuntair business practice (07) L_] Other real property (26) Enforcement of Judgment
LJ ivitrights (08) Unlawful Detainer Enforcement of judgment (20)
C1 Detamation (13) LJ commercial (31) Miscellaneous Civil Complaint
(1 Fraua (16) [J Resicentia (32) [J rico (27)
LJ intellectual property (19) Drugs (38) J) other complaint (not specified above) (42)
Professional negligence (25) dudicial Review Miscellaneous Civil Petition
Other non-P/PD/WD tort (35) Asset forfeiture (05) Partnership and corporate governance (21)
Employment [J Petition re: arbitration award (11) [1 other petition (not specified above) (43)
[J Wrongful termination (36) 1 writ of mandate (02)
Other employment (15) [1] other jusicial review (39)
2. Thiscase [_Jis isnot complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
al] Large number of separately represented parties d. Oo Large number of witnesses
b.[_] Extensive motion practice raising difficult or novel e. [_) Coordination with retated actions pepding € DK More courts
issues that will be time-consuming to resolve in other counties, states, or
c.[_] Substantial amount of documentary evidence f. [-] substantial postjudgmer
Oaae
Date: 2/26/19
>
NOTICE
Plaintiff must file this cover sheet with the first paper filed in the action or proceeding foxcop mall claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Cgurt, rule 3.220.) Failure to file may result
in sanctions.
© File this cover sheet in addition to any cover sheet required by local court rule.
® If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
© Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes. On oe tor
CTYPE OR PRINT NAMED IGHRURE GFA OR ATTORNEY FOR PARTY)
Form Adopted for Mandatory Use Cal, Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740;
Judicial Council of California CIVIL CASE COVER SH EET Cal. Standards of Judicial Administration, std. 3.10
(CM-010 (Rev. July 1, 2007} www.courtinfo,ca.gov
‘Westlaw Doc & Form BuilderOo 0
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010
To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must
complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check
‘one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1,
check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.
To Parties in Rule 3.740 Collections Cases. A “collections case" under rule 3.740 is defined as an action for recovery of money
cowed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in
which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general
time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections
case will be subject to the requirements for service and obtaining a judgment in rule 3.740,
To Parties in Complex Cases. In complex cases only, parties must also use the Civil! Case Cover Sheet to designate whether the
case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the
plaintiff's designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that
the case Is complex.
Auto Tort
Auto (22)—Personal Injury/Property
Damage/Wrongtul Death
Uninsured Motorist (46) (if the
case involves an uninsured
motorist claim subject to
arbitration, check this item
instead of Auto)
Other PI/PD/WD (Personal Injury/
Property Damage/Wrongtul Death)
Tort
Asbestos (04)
Asbestos Property Damage
Asbestos Personal Injury/
Wrongful Death
Product Liability (not asbestos or
toxic/environmental) (24)
Medical Malpractice (45)
Medical Malpractice—
Physicians & Surgeons
Other Professional Health Care
Malpractice
Other Pi/PD/WD (23)
Premises Liability (¢.g., slip
and fall)
Intentional Bodily Injury/PD/WD
(e.g., assault, vandalism)
Intentional Infliction of
Emotional Distress
Negligent Infliction of
Emotional Distress
Other PI/PD/WD
Non-PI/PD/WD (Other) Tort
Business Tort/Unfair Business
Practice (07)
Civil Rights (e.g., discrimination,
false arrest) (not civil
harassment) (08)
Defamation (e.g., slander, libel)
(13)
Fraud (16)
Intellectual Property (19)
Professional Negligence (25)
Legal Malpractice
Other Professional Malpractice
(not medical or legal)
Other Non-PI/PD/WD Tort (35)
Employment
Wrongful Termination (36)
Other Employment (15)
‘CM-010 [Rev. July 1, 2007]
CASE TYPES AND EXAMPLES
Contract
Breach of Contract/Warranty (06)
Breach of Rental/Lease
Contract (not unlawful detainer
or wrongtul eviction)
Contrac/Warranty Breach—Seller
Plaintiff (not fraud or negligence)
Negligent Breach of Contract/
Warranty
Other Breach of ContractWarranty
Collections (e.g., money owed, open
book accounts) (09)
Collection Case—Seller Plaintiff
Other Promissory Note/Collections
e
Insurance Coverage (not provisionally
complex) (18)
Auto Subrogation
‘Other Coverage
Other Contract (37)
Contractual Fraud
Other Contract Dispute
Real Property
Eminent Domain/Inverse
Condemnation (14)
Wrongful Eviction (33)
Other Real Property (e.g., quiet title) (26)
Writ of Possession of Real Property
Mortgage Foreclosure
Quiet Title
Other Real Property (not eminent
domain, landiord/tenant, or
foreclosure)
Unlawtul Detainer
Commercial (31)
Residential (32)
Drugs (38) (if the case involves illegal
‘drugs, check this item; otherwise,
report as Commercial or Residential)
Judicial Review
Asset Forfeiture (05)
Petition Re: Arbitration Award (11)
Writ of Mandate (02)
Writ-Administrative Mandamus
Writ-Mandamus on Limited Court
Case Matter
Writ-Other Limited Court Case
Review
Other Judicial Review (39)
Review of Health Officer Order
Notice of Appeal-Labor
Commissioner Appeals
CIVIL CASE COVER SHEET
Provisionally Complex Civil Litigation (Cal.
Rules of Court Rules 3.400—3.403)
Antitrus/Trade Regulation (03)
Construction Defect (10)
Claims Involving Mass Tort (40)
Securities Litigation (28)
Environmental/Toxic Tort (30)
Insurance Coverage Claims
(arising from provisionally complex
case type listed above) (41)
Enforcement of Judgment
Enforcement of Judgment (20)
Abstract of Judgment (Out of
County)
Confession of Judgment (non-
domestic relations)
Sister State Judgment
Administrative Agency Award
(not unpaid taxes)
Petition/Certification of Entry of
Judgment on Unpaid Taxes
Other Enforcement of Judgment
Case
Miscellaneous Civil Complaint
RICO (27)
Other Complaint (not specified
above) (42)
Declaratory Relief Only
Injunctive Relief Only (non-
harassment)
Mechanics Lien
Other Commercial Complaint
Case (non-tort/non-complex)
Other Civil Complaint
(non-tort/non-complex)
Miscellaneous Civil Petition
Partnership and Corporate
Governance (21)
Other Petition (not specified
above) (43)
Civil Harassment
Workplace Violence
Elder/Dependent Adult
Abuse
Election Contest
Petition for Name Change
Petition for Relief From Late
Claim
Other Civil Petition
Page 2 of2Q Q
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO. ‘FOR COURT USE ONLY
| David J. Cook, Esq. SBN: 060859 415-989-4730
COOK COLLECTION ATTORNEYS PLC fax: 415-989-0491
165 Fell Street
SAN FRANCISCO, CA 94102
ATTORNEY FOR (Name)ROBBIE LEE GILLELAND and REBECCA GILLELAND.
NAME OF COURT: Superior Court of California, County of San Francisco ] L E D
steer appress: 400 McAllister Street San Francisco C Superior Ct
malin aporess: 400 McAllister Street
city ano zip cove: San Francisco, 94102-4515 FEB 2 7 2019
BRANCH NAME: Civic Center Courthouse
PLAINTIFF: ROBBIE LEE GILLELAND and REBECCA GILLELAND JHE SOURT
DEFENDANT: SHENZHEN FEST TECHNOLOGY CO., LTD, et al. er.
CASE NUMBER:
APPLICATION FOR ENTRY OF JUDGMENT ON SISTER-STATE JUDGMENT
AND ISSUANCE OF WRIT OF EXECUTION OR OTHER ENFORCEMENT CPF-19- 5 16 563
AND ORDER FOR ISSUANCE OF WRIT OR OTHER ENFORCEMENT 7
Judgment creditor applies for entry of a judgment based upon a sister-state judgment as follows:
1. Judgment creditor (name and address): ROBBIE LEE GILLELAND and REBECCA GILLELAND, c/o David J. Cook, Esq.,
Cook Collection Attorneys, PLC, 165 Fell Street, San Francisco, CA 94102
2. a. Judgment debtor (name): SHENZHEN FEST TECHNOLOGY CO., LTD
b. CI An individual (last known residence address):
c Xda corporation of (specify place of incorporation):
G9
Foreign corporation
[1 aualified to do business in California
not qualified to do business in California
d. [] A partnership (specify principal place of business):
(1) (--]Foreign partnership which
[1 has filed a statement under Corp C 15700
has not filed a statement under Corp C 15700
3. a. Sister state (name): Georgia
b. Sister-state court (name and location): Superior Court of Harris County, State of Georgia, 102 N College St, Hamilton,
GA 31811
c. Judgment entered in sister state on (date): January 22, 2018
4. An authenticated copy of the sister-state judgment is attached to this application. Include accrued interest on the
sister-state judgment in the California judgment (item 5c).
a. Annual interest rate allowed by sister state (specify): prime plus 3% per statute is 7.5% or $452.57671 per day**
b. Law of sister state establishing interest rate (specify): 2010 Georgia Code, Title 7 - Banking and Finance, Chapter 4 -
Interest and Usury, Article 1 - In General, §7-4-12 - Interest on judgments
a $ 2,203,392.00
5. a. Amount remaining unpaid on sister-state judgment...
b. Amount of filing fee for the application: 450.00
c. Accrued interest on sister-state judgment: 179,672.95
d. Amount of judgment to be entered (total of 5a, b, and c) $ 2.383,514.95
(Continued on reverse)
al Cooncl ot Gaon APPLICATION FOR ENTRY OF JUDGMENT ON cor 171018,
“Eos Reve uy 11950) SISTER-STATE JUDGMENT vent oe9
SHORT TITLE: GILLELAND V. SHENZHEN FEST TECHNOLOGY CO., LTD, ‘CASE NUMBER:
etal CPF -19-516563
Judgment creditor also applies for issuance of a writ of execution or enforcement by other means before service of notice
of entry of judgment as follows:
Under CCP 1710.45(b).
[3] A court order is requested under CCP 1710.45(c). Facts showing that great or irreparable injury will result to
judgment creditor if issuance of the writ or enforcement by other means is delayed are set forth as follows:
**The calculation is 397 days by and between January 22, 2018 to February 26, 2019 for a total of 397 days.
The daily rate is $452.57671.
397 days x $452.567.1 = $179,672.95.
The original amount of the judgment is $2,203,392.00 + $179,672.95 + $450.00 [filing fee] = $2,383,514.95.
[] continued in attachment 6b.
7. An action in this state on the sister-state judgment is not barred by the statute of limitations.
8. | am informed and believe that no stay of enforcement of the sister-state judgment is now in effect in the sister state.
9. No action is pending and no judgment has previously been entered in any proceeding in California based upon the sister-state
judgment.
| declare under penalty of perjury under the laws of the State of California that the foregoing is ‘and correct exceptas to those
matters which are stated to be upon information and belief, and as to those matters | believe
Date: February 26, 2019
D 90k, Esa. 8 so »
(TYPE OR PRINT NAME) U -senarune oF oan 6 on arropfien
4-05 Rev.du¥ 1,989 APPLICATION FOR ENTRY OF JUDGMENT ON SISTER-STATE SODGMENT / Page twoa ° °
EXEMPLIFICATION
Georgia, Harris County
I, Jennifer Guerrero, Deputy, Clerk of Superior Court of Harris County, do hereby certify that I have compared the foregoing
copy of: JUDGMENT OF DEFAULT AGAINST DEFENDANT SHENZHEN FEST TECHNOLOGY, CO., LTD (HS) 16-CV-206
with the original record thereof, now remaining in this office, and the same is a correct transcript therefrom, and the whole of such
original record, and that said Court is a Court of Record.
IN TESTIMONY WHEREOF, I have thereunto set my hand and affixed the seal of said Court, this 11th day of FEBRUARY, 2019.
r Gueffero, Deputy Clerk
ior Cort of Harris County, Georgia
Georgia, Harris County
I, Maureen Gottfried, do certify that I am Judge of the Superior Court of said county, and that I am the presiding Judge of
said Court and that the above attestation, subscribed by Clerk of said Court, is sufficient and in due form of law, and that his signature
thereto is genuine.
Witness my hand an official signature, this 11th day of FEBRUARY, 2019
Van Gottfried, hen ;
Superior Court of Harris County. Georgia
Chattahoochee Judicial Circuit
Georgia, Harris County
I, Jennifer Guerrero, Deputy Clerk of the Superior Court in and for said County, hereby certify that the above attestation of
Honorable Maureen Gottfried, Judge of the Superior Court of Harris County, Georgia, is his genuine signature, and that he is Judge
of said Court, and said certificate is in due form of law.
Given under my hand and seal of office, this 11th day of FEBRUARY, 2019
eriof Court of Harris County, Georgia—e
Oo 0
IN THE SUPERIOR COURT OF HARRIS COUNTY
STATE OF GEORGIA
ROBBIE LEE GILLELAND and :
REBECCA GILLELAND : CIVIL ACTION
Plaintifs : FILENO. 16-CV-206
vs, 2 oo
: Fr FILED IN
SHENZHEN FEST TECHNOLOGY : {~~ OPEN courT
CO., LTD., TASTEFULL VAPES, LLC, JAN
JOHN DOE DISTRIBUTORS 1-10, : 22 208
and JOHN DOE WHOLESALERS 1-10: Has County ler of ope
: ior Court
Defendants Stacy K. Haralson
JUDGMENT OF DEFAULT AGAINST DEFENDANT
SHENZHEN FEST TECHNOLOGY CO.,LTD.
The above styled action, having come before the Court for a bench trial on Plaintiffs’
Motion for a Default Judgment as to ShenZhen Fest ‘Technology Co., Ltd., on thega” day of
201S$% and the Court having heard testimony and admitted into evidence
and considered the testimony and other tangible evidence hereby renders a final judgment in
favor of Plaintiffs against Defendant ShenZhen Fest Technology Co., Ltd. in the amount of
$A, 203 ”
Findings of Fact and Conclusions of Law
1.
The Court finds that Plaintiffs’ U.S.C.R. 15 Certification attached hereto as Exhibit “A”
is an accurate description of the procedural history of the case (and is also set out fully in
Plaintiff's Motion for Default and Exhibits thereto) up to the time of trial and this Court is
-l-
LJ ORIGINALOo oe
authorized to enter a default judgment as to liability against Defendant ShenZhen Fest
Technology Co., Ltd. and hear evidence as to damages.
2.
All allegations against Defendant ShenZhen Fest Technology Co., Ltd. in the Complaint
are admitted by virtue of Defendant ShenZhen Fest Technology Co., Ltd.’s failure to answer or
otherwise respond and resultant default and are , therefore, hereby considered as true by this
Court.
3.
The Court hereby adopts and incorporates Plaintiffs’ U.S.C.R. 15 Certification into this
final award and Judgment and issues a default judgment as to liability against this Defendant.
4.
The Defendant ShenZhen Fest Technology Co., Ltd. is a Chinese corporation located in
China. The United States and China are signatures to The Hague Convention. This Court is
authorized to render a default judgment pursuant to The Hague Convention, Article 15,
Paragraph 2 and O.C.G.A. §9-11-52.
5.
The Plaintiffs presented evidence sufficient to bear their burden of proof to authorize this
Court to enter a verdict in their favor as to the issue of damages.
6.
The Plaintiff Robbie Lee Gilleland suffered serious burns and other injuries to his body as
aresult of the Defendant ShenZhen Fest’s defective ion lithium e-cigarette battery which
exploded in his pocket.
-2-© Oo
7.
Plaintiff Robbie Lee Gilleland is entitled to special and compensatory damages as a result
of the same. He required skin grafts, suffered extreme physical pain, mental and emotional
anguish and has permanent disfigurement and scarring.
8.
He has incurred medical expenses and lost wages as a result of this injuries.
9.
The Plaintiff Rebecca Gilleland suffered a loss of consortium and a loss of the society,
comfort, companionship of her spouse, Robbie Lee Gilleland, as a result of his injuries and
damages.
10.
The Court hereby awards the Plaintiffs the following damages pursuant to 0.C.G.A. §§
51-12-1; 51-12-2; and 5-1-9.
(a) Special damages: ¥ H2, 712.7;
(b) Compensatory/general damages: (including permanent disfigurement and
scarring) $f /.640,650."* ;and
(c) Damages for loss of consortium: J Foo wad: * :
Total Award: X 2 t 2.03, 342. r
This Court renders a verdict in favor of Plaintiffs against Defendant ShenZhen Fest
Technology Co., Ltd. in the amount of $. a 203, 242. id which is hereby made the
We© Oo
Final Judgment of this Court.
This 2A ay Seman)
A
Hon. Withere-Rumer Arthi STL
Chattahoochee Fudielel-Cirenit
Superior Court of Harris CountyCo] 0
CERTIFICATE OF SERVICE
Thereby certify that on September , 2017, I electronically filed the foregoing
JUDGMENT OF DEFAULT with the Clerk of Court using the CM/ECF system which will
send notification of such filing by e-mail to the following:
Cody B. Gillies
Meacham & Earley, P.C.
P.O. Box 9031
Columbus, GA 31908 .
Attorney for Defendant Tasteful Vapes, LLC
I also certify that I have mailed by United States Postal Service the document and a copy of the
Notice of Electronic Filing to the following non-CM-ECF participants:
ShenZhen Fest Technology Co., LTD
Floor 8, Building C, SAR
1980 Cultural Industry Park
Minfu Road, Minzhi, Longhua new district
Shenzhen, Guandong, China
This day of September, 2017
Js David A. Sleppy
DAVID A. SLEPPY
Ga. State Bar No. 652410
Cathey & Strain, LLC
P.O. Box 689
Cornelia, GA 30531
706-778-2601 (telephone)
706-776-2899 (facsimile)
dsleppy@catheyandstrain.com
Ish Patel
PRAKASH PATEL
Ga. State Bar No. 565817
Joshi & Patel, LLC
P.O. Box 1837
Buford, GA 30515
404-969-1212 (telephone)
678-868-1009 (facsimile)
jpattorne’ m.
ATTORNEYS FOR PLAINTIFFSOo Oo
EFILED IN OFFICE
CLERK OF SUPERIOR COURT
HARRIS COUNTY, GEORGIA
‘ 16-CV-206
IN THE SUPERIOR COURT OF HARRIS COUNTY
STATE OF GEORGIA SEP 19, 2017 04:20 PM.
ROBBIE LEE GILLELAND and : Shey lc Sach a, Sok
REBECCA GILLELAND : CIVILACTION
Plaintifts : FILENO. 16-CV-206
vs,
SHENZHEN FEST TECHNOLOGY
CO., LTD., TASTEFULL VAPES, LLC,
JOHN DOE DISTRIBUTORS 1-10,
and JOHN DOE WHOLESALERS 1-10,
Defendants
UPERIOR E15 CERTIFIC.
Comes now the Plaintiffs, by and through their undersigned counsel and pursuant to
Uniform Superior Court Rule 15 hereby certifies to the Court as follows:
l(a) The Defendant ShenZhen Fest Technology Co., Ltd. is a Chinese corporation with
its principal place of business in ShenZhen, Guandong Province, China. It is a
signatory to the Hague Convention.
(b) APS International, Ltd. is a company which specializes in international service of
process and was appointed by this Court as special agent for service of the
Summons, Complaint, and other necessary documents in the instant case upon
Defendant ShenZhen Fest Technology Co., Ltd. in China in accordance with the
provisions of the Hague Convention on July 19, 2016. Diane K. Myers, an
authorized paralegal in the employ of APS International, Ltd., executed an
Affidavit on May 18, 2017, showing proof of service upon ShenZhen Fest
-l-
EXHIBIT A©)
@®
©)
103]
(e)
2.
Oo eo
Technology Co., Ltd. in accordance with paragraph 2, Article 15 of the Hague
Conventions and the Default Provisions of the Hague Convention. The Affidavit
has been filed with the Court.
APS International , Ltd. followed the formal service procedures required by the
Hague Convention (TIAS No. 10072 and 20 UST 361)
The documents of the suit in the instant action were properly transmitted to the
appropriate Central Authority in China by international courier on August 11, 2016
and delivered to the Chinese Central Authority, the Ministry of Justice at the
International Legal Corporation Center in Beijing, China on August 15, 2016 and
signed for by “Y. Chen” at The Central Authority.
A period of time in excess of six months has elapsed since the suit documents were
transmitted abroad for service and no proof of service, by The Central Authority on
Defendant ShenZhen Fest Technology Co., Ltd., or any certificate of service, has
been received.
On December 12, 2016, follow up documents were sent to the Central Authority by
Federal Express requesting status of service as reflected in the Affidavit of Diane
K. Myers.
Pursuant to the Hague Convention, paragraph 2, Article 15, this Court is authorized
to grant a default judgment notwithstanding the absence of proof of actual physical
service.
The proof of service upon ShenZhen Fest Technology Co., Ltd. was filed as an
exhibit to Plaintiff's Motion for Default Judgment on August 10, 2017, and the Affidavit of Diane
-2-oO
°o
K. Myers of APS International, Ltd. referenced herein was separately filed on September 19,
2017.
3. No defensive pleading has been filed by the Defendant ShenZhen Fest Technology
Co., Ltd. as shown by Court records.
4, There is no issue as to the Defendant’s military status.
5. A copy of this certificate will be attached to the proposed default judgment when
presented to this Court for signature.
3.
Vi
DAVID A. SLEPPY
Ga. State Bar No. 652410
Cathey & Strain, LLC
P.O. Box 689
Cornelia, GA 30531
706-778-2601 (telephone)
706-776-2899 (facsimile)
dsleppy@catheyandstrain.com
ds/ Prakash Pate}
PRAKASH PATEL
Ga. State Bar No. 565817
Joshi & Patel, LLC
P.O. Box 1837
Buford, GA 30515
404-969-1212 (telephone)
678-868-1009 (facsimile)
ATTORNEYS FOR PLAINTIFFSCERTIFICATE OF SERVICE
Thereby certify that on September | 1 , 2017, I electronically filed the foregoing
SUPERIOR COURT RULE 15 CERTIFICATION with the Clerk of Court using the CM/ECF
system which will send notification of such filing by e-mail to the following:
Cody B. Gillies
Meacham & Earley, P.C.
P.O. Box 9031
Columbus, GA 31908
Attorney for Defendant Tasteful Vapes, LLC
ShenZhen Fest Technology Co., LTD
Floor 8, Building C, SAR
1980 Cultural Industry Park
Minfu Road, Minzhi, Longhua new district
Shenzhen, Guandong, China
I also certify that I have mailed by United States Postal Service the document and a copy of the
Notice of Electronic Filing to the following non-CM-ECF participants: ShenZhen Fest
Technology Co., Ltd.
This | g day of September, 2017
Is} D:
DAVID A. SLEPPY
Ga. State Bar No. 652410
Cathey & Strain, LLC
P.O. Box 689
Comelia, GA 30531
706-778-2601 (telephone)
706-776-2899 (facsimile)
dsleppy@catheyandstrain.com
ds/ Prakash Patel
PRAKASH PATEL
Ga. State Bar No. 565817
Joshi & Patel, LLC
P.O. Box 1837
Buford, GA 30515
404-969-1212 (telephone)
678-868-1009 (facsimile)
ppatel@ipattomeys.com
ATTORNEYS FOR PLAINTIFFS
Preview
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Feb-27-2019 8:38 am Case Number: CPF-19-516563 Filing Date: Feb-27-2019 8:09 Filed by: KENNETH HUNT Image: 06704263 APPLICATION FOR ENTRY OF SISTER-STATE JUDGMENT ROBBIE LEE GILLELAND ET AL VS. SHENZEN FEST TECHNOLOGY CO., LTD. 001006704263 Instructions: Please place this sheet on top of the document to be scanned.oe [ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO.: FOR COURT USE ONLY |David J. Cook, Esq. SBN: 060859 415-989-4730 COOK COLLECTION ATTORNEYS PLC fax: 415-989-0491 165 Fell Street SAN FRANCISCO, CA 94102 ATTORNEY FOR (Name ROBBIE LEE GILLELAND and REBECCA GILLELAND NAME OF COURT: Superior Court of California, County of San Francisco STREET ADDRESS: 400 McAllister Street maiLinc apoREss: 400 McAllister Street city ano zip cope: San Francisco, 94102-4515 BRANCH NAME: Civic Center Courthouse PLAINTIFF: ROBBIE LEE GILLELAND and REBECCA GILLELAND DEFENDANT: SHENZHEN FEST TECHNOLOGY CO., LTD, et al. CASE NUMBER: NOTICE OF ENTRY OF JUDGMENT ON SISTER-STATE Jupcment | CPF - 15-5 16563 1. TO JUDGMENT DEBTOR (name):SHENZHEN FEST TECHNOLOGY CO., LTD 2. YOU ARE NOTIFIED a. Upon application of the judgment creditor, a judgment against you has been entered in this court as follows: (1) Judgment creditor (name):ROBBIE LEE GILLELAND and REBECCA GILLELAND, c/o David J. Cook, Esq., (2) Amount of judgment entered in this court: $2,383,514.95 b. This judgment was entered based upon a sister-state judgment previously entered against you as follows: (1) Sister state (name):Georgia (2) Sister-state court (name and location): Superior Court of Harris County, State of Georgia, 102 N College St, Hamilton, GA 31811 (3) Judgment entered in sister state on (date): January 22, 2018 (4) Title of case and case number (specify): ROBBIE LEE GILLELAND and REBECCA GILLELAND v. SHENZHEN FEST TECHNOLOGY CO., LTD., et al., Case No. 16-CV-206 3. A sister-state judgment has been entered against you in a California court. Unless you file a motion to vacate the judgment in this court within 30 DAYS after service of this notice, this judgment will be final. This court may order that a writ of execution or other enforcement may issue. Your wages, money, and property could be taken without further warning from the court. If enforcement procedures have already been Issued, the property levied on will not be distributed until 30 days after you are served with this notice. Date: FEB 27 2019 Clerk, by , Deputy 4. [J NOTICE To THE PERSON SERVED: You are served KENNETH B, HUNT a. | as an individual judgment debtor. b. [__] under the fictitious name of (specify): Cc. CC on behalf of (specify): Under: [=] cep 416.10 (corporation) LJ cep 416.60 (minor) [__] cop 416.20 (defunct corporation) [__] CCP 416.70 (conservatee) LJ cop 416.40 (association or partnership) [J cep 416.90 (individual) other: (Proof of service on reverse) ser AION he NOTICE OF ENTRY OF JUDGMENT ON cor 171930 171040 teal Canc of Calfor SISTER-STATE JUDGMENT rena oe erPROOF OF SERVICE (Use separate proof of service for each person served) 1. | served the Notice of Entry of Judgment on Sister-State Judgment as follows: a. on judgment debtor (name): SHENZHEN FEST TECHNOLOGY CO., LTD b. by serving [] judgment debtor [) other (name and title or relationship to person served): c« ([] a) by delivery [_] athome [__] at business (1) date: (2) time: (3) address: by mailing (1) date: (2) place: 2. Manner of service (check proper box): a. Personal service. By personally delivering copies. (CCP 415.10) b. Substituted service on corporation, unincorporated association (including partnership), or public entity. By leaving, during usual office hours, copies in the office of the person served with the person who apparently was in charge and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP 415.20(a)) c. [_] Substituted service on natural person, minor, conservatee, or candidate. By leaving copies at the dwelling house, usual place of abode, or usual place of business of the person served in the presence of a competent member of the household or a person apparently in charge of the office or place of business, at least 18 years of age, who was informed of the general nature of the papers, and thereafter inating (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP 415.20(6)) (Attach separate declaration or affidavit stating acts relied on to establish reasonable diligence in first attempting personal service.) d. [__] Mail and acknowledgment service. By mailing (by first-class mail or airmail, postage prepaid) copies to the person served, together with two copies of the form of notice and acknowledgment and a return envelope, postage prepaid, addressed to the sender. (CCP 415.30) (Attach completed acknowledgment of receipt.) e. [_] Certified or registered mail service. By mailing to an address outside California (by first-class mail, postage prepaid, wiring a return receipt) copies to the person served. (CCP 415.40) (Attach signed return receipt or other evidence of actual delivery to the person served.) f. (-] Other (specify code section): [[) Additional page is attached. 3. The “Notice to the Person Served" was completed as follows: a. (_] as an individual judgment debtor. b. [__] as the person sued under the fictitious name of (specify): c. [-_] onbehalf of (specify): under: CCP 416.10 (corporation) CCP 416.60 (minor) [J other: CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) L_] cop 416.40 (association or partnership) [J cop 416.90 (individual) 4. At the time of service | was at least 18 years of age and not a party to this action. 5. Fee for service: $ 6. Person serving: a. California sheriff, marshal, or constable. f. Name, address and telephone number and, if applicable, b. Registered California process server. county of registration and number: ef] Employee or independent contractor of a registered alifornia process server. Not a registered California process server. Exempt from registration under Bus. & Prof. Code 22350(b). I declare under penalty of perjury under the laws of the (For California sheriff, marshal, or constable use only) State of California that the foregoing is true and correct. Date: » {EJ-110] | certify that the foregoing is true and correct. Date: » (SIGNATURE) (SIGNATURE)°o CM-01 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and adores): FOR COURT USE ONLY | David J. Cook, Esq. SBN: 060859 COOK COLLECTION ATTORNEYS PLC 165 Fell Street, SAN FRANCISCO, CA 94102 TELEPHONE NO.:415-989-4730 Fax No.:415-989-0491 F I L E D ATTORNEY FOR (Name):Robbie Lee Gilleland and Rebecca Gilleland [SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO San Francisco County Superior Court sTREET apDRESS: 400 McAllister Street MAILING ADDRESS: 400 McAllister Street FEB 2 7 2019 GITY AND ZIP CODE: San Francisco, 94102-4515 anAnov Nane: Civic Center Courthouse FE SOURT CASE NAME: Robbie Lee Gilleland and Rebecca Gilleland v. Shenzhen Fest BY: Technology, Ltd., et al. Clerk CIVIL CASE COVER SHEET Complex Case Designation CPF Unlimited [_] Limited . $ Cc 19-5 16 563 (Amount (Amount [1 counter [_] Joinder JUDGE: demanded demanded is Filed with first appearance by defendant exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: Items 1-6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case: Auto Tort Contract Provisionally Complex Civil Litigation LH ‘Auto (22) [] Breach of contractwarranty (06) (Cal. Rules of Court, rules 3.400-3.403) Uninsured motorist (46) CO Rule 3.740 collections (09) Oo Antitrust/Trade regulation (03) Other PI/PD/WD (Personal injury/Property CI Other collections (09) CO Construction defect (10) Damage/Wrongful Death) Tort [J insurance coverage (18) [J mass tort (40) ‘Asbestos (04) [1 other contract (37) (J securities litigation (28) Product liability (24) Real Property LJ EnvironmentavToxic tort (30) Medical malpractice (45) [1 Eminent domain/inverse [insurance coverage claims arising from the [J other pvppwo (23) condemnation (14) above listed provisionally complex case Non-Pi/PD/WD (Other) Tort [1 wrongful eviction (33) types (41) [J susiness tortiuntair business practice (07) L_] Other real property (26) Enforcement of Judgment LJ ivitrights (08) Unlawful Detainer Enforcement of judgment (20) C1 Detamation (13) LJ commercial (31) Miscellaneous Civil Complaint (1 Fraua (16) [J Resicentia (32) [J rico (27) LJ intellectual property (19) Drugs (38) J) other complaint (not specified above) (42) Professional negligence (25) dudicial Review Miscellaneous Civil Petition Other non-P/PD/WD tort (35) Asset forfeiture (05) Partnership and corporate governance (21) Employment [J Petition re: arbitration award (11) [1 other petition (not specified above) (43) [J Wrongful termination (36) 1 writ of mandate (02) Other employment (15) [1] other jusicial review (39) 2. Thiscase [_Jis isnot complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the factors requiring exceptional judicial management: al] Large number of separately represented parties d. Oo Large number of witnesses b.[_] Extensive motion practice raising difficult or novel e. [_) Coordination with retated actions pepding € DK More courts issues that will be time-consuming to resolve in other counties, states, or c.[_] Substantial amount of documentary evidence f. [-] substantial postjudgmer Oaae Date: 2/26/19 > NOTICE Plaintiff must file this cover sheet with the first paper filed in the action or proceeding foxcop mall claims cases or cases filed under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Cgurt, rule 3.220.) Failure to file may result in sanctions. © File this cover sheet in addition to any cover sheet required by local court rule. ® If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all other parties to the action or proceeding. © Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes. On oe tor CTYPE OR PRINT NAMED IGHRURE GFA OR ATTORNEY FOR PARTY) Form Adopted for Mandatory Use Cal, Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740; Judicial Council of California CIVIL CASE COVER SH EET Cal. Standards of Judicial Administration, std. 3.10 (CM-010 (Rev. July 1, 2007} www.courtinfo,ca.gov ‘Westlaw Doc & Form BuilderOo 0 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET CM-010 To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check ‘one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action. To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party, its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A “collections case" under rule 3.740 is defined as an action for recovery of money cowed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740, To Parties in Complex Cases. In complex cases only, parties must also use the Civil! Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiff's designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that the case Is complex. Auto Tort Auto (22)—Personal Injury/Property Damage/Wrongtul Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other PI/PD/WD (Personal Injury/ Property Damage/Wrongtul Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury/ Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice— Physicians & Surgeons Other Professional Health Care Malpractice Other Pi/PD/WD (23) Premises Liability (¢.g., slip and fall) Intentional Bodily Injury/PD/WD (e.g., assault, vandalism) Intentional Infliction of Emotional Distress Negligent Infliction of Emotional Distress Other PI/PD/WD Non-PI/PD/WD (Other) Tort Business Tort/Unfair Business Practice (07) Civil Rights (e.g., discrimination, false arrest) (not civil harassment) (08) Defamation (e.g., slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-PI/PD/WD Tort (35) Employment Wrongful Termination (36) Other Employment (15) ‘CM-010 [Rev. July 1, 2007] CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongtul eviction) Contrac/Warranty Breach—Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract/ Warranty Other Breach of ContractWarranty Collections (e.g., money owed, open book accounts) (09) Collection Case—Seller Plaintiff Other Promissory Note/Collections e Insurance Coverage (not provisionally complex) (18) Auto Subrogation ‘Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/Inverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, landiord/tenant, or foreclosure) Unlawtul Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal ‘drugs, check this item; otherwise, report as Commercial or Residential) Judicial Review Asset Forfeiture (05) Petition Re: Arbitration Award (11) Writ of Mandate (02) Writ-Administrative Mandamus Writ-Mandamus on Limited Court Case Matter Writ-Other Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice of Appeal-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 3.400—3.403) Antitrus/Trade Regulation (03) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Tort (30) Insurance Coverage Claims (arising from provisionally complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (non- domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification of Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civil Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-tort/non-complex) Miscellaneous Civil Petition Partnership and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence Elder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page 2 of2Q Q "ATTORNEY OR PARTY WITHOUT ATTORNEY (Name and Address): TELEPHONE NO. ‘FOR COURT USE ONLY | David J. Cook, Esq. SBN: 060859 415-989-4730 COOK COLLECTION ATTORNEYS PLC fax: 415-989-0491 165 Fell Street SAN FRANCISCO, CA 94102 ATTORNEY FOR (Name)ROBBIE LEE GILLELAND and REBECCA GILLELAND. NAME OF COURT: Superior Court of California, County of San Francisco ] L E D steer appress: 400 McAllister Street San Francisco C Superior Ct malin aporess: 400 McAllister Street city ano zip cove: San Francisco, 94102-4515 FEB 2 7 2019 BRANCH NAME: Civic Center Courthouse PLAINTIFF: ROBBIE LEE GILLELAND and REBECCA GILLELAND JHE SOURT DEFENDANT: SHENZHEN FEST TECHNOLOGY CO., LTD, et al. er. CASE NUMBER: APPLICATION FOR ENTRY OF JUDGMENT ON SISTER-STATE JUDGMENT AND ISSUANCE OF WRIT OF EXECUTION OR OTHER ENFORCEMENT CPF-19- 5 16 563 AND ORDER FOR ISSUANCE OF WRIT OR OTHER ENFORCEMENT 7 Judgment creditor applies for entry of a judgment based upon a sister-state judgment as follows: 1. Judgment creditor (name and address): ROBBIE LEE GILLELAND and REBECCA GILLELAND, c/o David J. Cook, Esq., Cook Collection Attorneys, PLC, 165 Fell Street, San Francisco, CA 94102 2. a. Judgment debtor (name): SHENZHEN FEST TECHNOLOGY CO., LTD b. CI An individual (last known residence address): c Xda corporation of (specify place of incorporation): G9 Foreign corporation [1 aualified to do business in California not qualified to do business in California d. [] A partnership (specify principal place of business): (1) (--]Foreign partnership which [1 has filed a statement under Corp C 15700 has not filed a statement under Corp C 15700 3. a. Sister state (name): Georgia b. Sister-state court (name and location): Superior Court of Harris County, State of Georgia, 102 N College St, Hamilton, GA 31811 c. Judgment entered in sister state on (date): January 22, 2018 4. An authenticated copy of the sister-state judgment is attached to this application. Include accrued interest on the sister-state judgment in the California judgment (item 5c). a. Annual interest rate allowed by sister state (specify): prime plus 3% per statute is 7.5% or $452.57671 per day** b. Law of sister state establishing interest rate (specify): 2010 Georgia Code, Title 7 - Banking and Finance, Chapter 4 - Interest and Usury, Article 1 - In General, §7-4-12 - Interest on judgments a $ 2,203,392.00 5. a. Amount remaining unpaid on sister-state judgment... b. Amount of filing fee for the application: 450.00 c. Accrued interest on sister-state judgment: 179,672.95 d. Amount of judgment to be entered (total of 5a, b, and c) $ 2.383,514.95 (Continued on reverse) al Cooncl ot Gaon APPLICATION FOR ENTRY OF JUDGMENT ON cor 171018, “Eos Reve uy 11950) SISTER-STATE JUDGMENT vent oe9 SHORT TITLE: GILLELAND V. SHENZHEN FEST TECHNOLOGY CO., LTD, ‘CASE NUMBER: etal CPF -19-516563 Judgment creditor also applies for issuance of a writ of execution or enforcement by other means before service of notice of entry of judgment as follows: Under CCP 1710.45(b). [3] A court order is requested under CCP 1710.45(c). Facts showing that great or irreparable injury will result to judgment creditor if issuance of the writ or enforcement by other means is delayed are set forth as follows: **The calculation is 397 days by and between January 22, 2018 to February 26, 2019 for a total of 397 days. The daily rate is $452.57671. 397 days x $452.567.1 = $179,672.95. The original amount of the judgment is $2,203,392.00 + $179,672.95 + $450.00 [filing fee] = $2,383,514.95. [] continued in attachment 6b. 7. An action in this state on the sister-state judgment is not barred by the statute of limitations. 8. | am informed and believe that no stay of enforcement of the sister-state judgment is now in effect in the sister state. 9. No action is pending and no judgment has previously been entered in any proceeding in California based upon the sister-state judgment. | declare under penalty of perjury under the laws of the State of California that the foregoing is ‘and correct exceptas to those matters which are stated to be upon information and belief, and as to those matters | believe Date: February 26, 2019 D 90k, Esa. 8 so » (TYPE OR PRINT NAME) U -senarune oF oan 6 on arropfien 4-05 Rev.du¥ 1,989 APPLICATION FOR ENTRY OF JUDGMENT ON SISTER-STATE SODGMENT / Page twoa ° ° EXEMPLIFICATION Georgia, Harris County I, Jennifer Guerrero, Deputy, Clerk of Superior Court of Harris County, do hereby certify that I have compared the foregoing copy of: JUDGMENT OF DEFAULT AGAINST DEFENDANT SHENZHEN FEST TECHNOLOGY, CO., LTD (HS) 16-CV-206 with the original record thereof, now remaining in this office, and the same is a correct transcript therefrom, and the whole of such original record, and that said Court is a Court of Record. IN TESTIMONY WHEREOF, I have thereunto set my hand and affixed the seal of said Court, this 11th day of FEBRUARY, 2019. r Gueffero, Deputy Clerk ior Cort of Harris County, Georgia Georgia, Harris County I, Maureen Gottfried, do certify that I am Judge of the Superior Court of said county, and that I am the presiding Judge of said Court and that the above attestation, subscribed by Clerk of said Court, is sufficient and in due form of law, and that his signature thereto is genuine. Witness my hand an official signature, this 11th day of FEBRUARY, 2019 Van Gottfried, hen ; Superior Court of Harris County. Georgia Chattahoochee Judicial Circuit Georgia, Harris County I, Jennifer Guerrero, Deputy Clerk of the Superior Court in and for said County, hereby certify that the above attestation of Honorable Maureen Gottfried, Judge of the Superior Court of Harris County, Georgia, is his genuine signature, and that he is Judge of said Court, and said certificate is in due form of law. Given under my hand and seal of office, this 11th day of FEBRUARY, 2019 eriof Court of Harris County, Georgia—e Oo 0 IN THE SUPERIOR COURT OF HARRIS COUNTY STATE OF GEORGIA ROBBIE LEE GILLELAND and : REBECCA GILLELAND : CIVIL ACTION Plaintifs : FILENO. 16-CV-206 vs, 2 oo : Fr FILED IN SHENZHEN FEST TECHNOLOGY : {~~ OPEN courT CO., LTD., TASTEFULL VAPES, LLC, JAN JOHN DOE DISTRIBUTORS 1-10, : 22 208 and JOHN DOE WHOLESALERS 1-10: Has County ler of ope : ior Court Defendants Stacy K. Haralson JUDGMENT OF DEFAULT AGAINST DEFENDANT SHENZHEN FEST TECHNOLOGY CO.,LTD. The above styled action, having come before the Court for a bench trial on Plaintiffs’ Motion for a Default Judgment as to ShenZhen Fest ‘Technology Co., Ltd., on thega” day of 201S$% and the Court having heard testimony and admitted into evidence and considered the testimony and other tangible evidence hereby renders a final judgment in favor of Plaintiffs against Defendant ShenZhen Fest Technology Co., Ltd. in the amount of $A, 203 ” Findings of Fact and Conclusions of Law 1. The Court finds that Plaintiffs’ U.S.C.R. 15 Certification attached hereto as Exhibit “A” is an accurate description of the procedural history of the case (and is also set out fully in Plaintiff's Motion for Default and Exhibits thereto) up to the time of trial and this Court is -l- LJ ORIGINALOo oe authorized to enter a default judgment as to liability against Defendant ShenZhen Fest Technology Co., Ltd. and hear evidence as to damages. 2. All allegations against Defendant ShenZhen Fest Technology Co., Ltd. in the Complaint are admitted by virtue of Defendant ShenZhen Fest Technology Co., Ltd.’s failure to answer or otherwise respond and resultant default and are , therefore, hereby considered as true by this Court. 3. The Court hereby adopts and incorporates Plaintiffs’ U.S.C.R. 15 Certification into this final award and Judgment and issues a default judgment as to liability against this Defendant. 4. The Defendant ShenZhen Fest Technology Co., Ltd. is a Chinese corporation located in China. The United States and China are signatures to The Hague Convention. This Court is authorized to render a default judgment pursuant to The Hague Convention, Article 15, Paragraph 2 and O.C.G.A. §9-11-52. 5. The Plaintiffs presented evidence sufficient to bear their burden of proof to authorize this Court to enter a verdict in their favor as to the issue of damages. 6. The Plaintiff Robbie Lee Gilleland suffered serious burns and other injuries to his body as aresult of the Defendant ShenZhen Fest’s defective ion lithium e-cigarette battery which exploded in his pocket. -2-© Oo 7. Plaintiff Robbie Lee Gilleland is entitled to special and compensatory damages as a result of the same. He required skin grafts, suffered extreme physical pain, mental and emotional anguish and has permanent disfigurement and scarring. 8. He has incurred medical expenses and lost wages as a result of this injuries. 9. The Plaintiff Rebecca Gilleland suffered a loss of consortium and a loss of the society, comfort, companionship of her spouse, Robbie Lee Gilleland, as a result of his injuries and damages. 10. The Court hereby awards the Plaintiffs the following damages pursuant to 0.C.G.A. §§ 51-12-1; 51-12-2; and 5-1-9. (a) Special damages: ¥ H2, 712.7; (b) Compensatory/general damages: (including permanent disfigurement and scarring) $f /.640,650."* ;and (c) Damages for loss of consortium: J Foo wad: * : Total Award: X 2 t 2.03, 342. r This Court renders a verdict in favor of Plaintiffs against Defendant ShenZhen Fest Technology Co., Ltd. in the amount of $. a 203, 242. id which is hereby made the We© Oo Final Judgment of this Court. This 2A ay Seman) A Hon. Withere-Rumer Arthi STL Chattahoochee Fudielel-Cirenit Superior Court of Harris CountyCo] 0 CERTIFICATE OF SERVICE Thereby certify that on September , 2017, I electronically filed the foregoing JUDGMENT OF DEFAULT with the Clerk of Court using the CM/ECF system which will send notification of such filing by e-mail to the following: Cody B. Gillies Meacham & Earley, P.C. P.O. Box 9031 Columbus, GA 31908 . Attorney for Defendant Tasteful Vapes, LLC I also certify that I have mailed by United States Postal Service the document and a copy of the Notice of Electronic Filing to the following non-CM-ECF participants: ShenZhen Fest Technology Co., LTD Floor 8, Building C, SAR 1980 Cultural Industry Park Minfu Road, Minzhi, Longhua new district Shenzhen, Guandong, China This day of September, 2017 Js David A. Sleppy DAVID A. SLEPPY Ga. State Bar No. 652410 Cathey & Strain, LLC P.O. Box 689 Cornelia, GA 30531 706-778-2601 (telephone) 706-776-2899 (facsimile) dsleppy@catheyandstrain.com Ish Patel PRAKASH PATEL Ga. State Bar No. 565817 Joshi & Patel, LLC P.O. Box 1837 Buford, GA 30515 404-969-1212 (telephone) 678-868-1009 (facsimile) jpattorne’ m. ATTORNEYS FOR PLAINTIFFSOo Oo EFILED IN OFFICE CLERK OF SUPERIOR COURT HARRIS COUNTY, GEORGIA ‘ 16-CV-206 IN THE SUPERIOR COURT OF HARRIS COUNTY STATE OF GEORGIA SEP 19, 2017 04:20 PM. ROBBIE LEE GILLELAND and : Shey lc Sach a, Sok REBECCA GILLELAND : CIVILACTION Plaintifts : FILENO. 16-CV-206 vs, SHENZHEN FEST TECHNOLOGY CO., LTD., TASTEFULL VAPES, LLC, JOHN DOE DISTRIBUTORS 1-10, and JOHN DOE WHOLESALERS 1-10, Defendants UPERIOR E15 CERTIFIC. Comes now the Plaintiffs, by and through their undersigned counsel and pursuant to Uniform Superior Court Rule 15 hereby certifies to the Court as follows: l(a) The Defendant ShenZhen Fest Technology Co., Ltd. is a Chinese corporation with its principal place of business in ShenZhen, Guandong Province, China. It is a signatory to the Hague Convention. (b) APS International, Ltd. is a company which specializes in international service of process and was appointed by this Court as special agent for service of the Summons, Complaint, and other necessary documents in the instant case upon Defendant ShenZhen Fest Technology Co., Ltd. in China in accordance with the provisions of the Hague Convention on July 19, 2016. Diane K. Myers, an authorized paralegal in the employ of APS International, Ltd., executed an Affidavit on May 18, 2017, showing proof of service upon ShenZhen Fest -l- EXHIBIT A©) @® ©) 103] (e) 2. Oo eo Technology Co., Ltd. in accordance with paragraph 2, Article 15 of the Hague Conventions and the Default Provisions of the Hague Convention. The Affidavit has been filed with the Court. APS International , Ltd. followed the formal service procedures required by the Hague Convention (TIAS No. 10072 and 20 UST 361) The documents of the suit in the instant action were properly transmitted to the appropriate Central Authority in China by international courier on August 11, 2016 and delivered to the Chinese Central Authority, the Ministry of Justice at the International Legal Corporation Center in Beijing, China on August 15, 2016 and signed for by “Y. Chen” at The Central Authority. A period of time in excess of six months has elapsed since the suit documents were transmitted abroad for service and no proof of service, by The Central Authority on Defendant ShenZhen Fest Technology Co., Ltd., or any certificate of service, has been received. On December 12, 2016, follow up documents were sent to the Central Authority by Federal Express requesting status of service as reflected in the Affidavit of Diane K. Myers. Pursuant to the Hague Convention, paragraph 2, Article 15, this Court is authorized to grant a default judgment notwithstanding the absence of proof of actual physical service. The proof of service upon ShenZhen Fest Technology Co., Ltd. was filed as an exhibit to Plaintiff's Motion for Default Judgment on August 10, 2017, and the Affidavit of Diane -2-oO °o K. Myers of APS International, Ltd. referenced herein was separately filed on September 19, 2017. 3. No defensive pleading has been filed by the Defendant ShenZhen Fest Technology Co., Ltd. as shown by Court records. 4, There is no issue as to the Defendant’s military status. 5. A copy of this certificate will be attached to the proposed default judgment when presented to this Court for signature. 3. Vi DAVID A. SLEPPY Ga. State Bar No. 652410 Cathey & Strain, LLC P.O. Box 689 Cornelia, GA 30531 706-778-2601 (telephone) 706-776-2899 (facsimile) dsleppy@catheyandstrain.com ds/ Prakash Pate} PRAKASH PATEL Ga. State Bar No. 565817 Joshi & Patel, LLC P.O. Box 1837 Buford, GA 30515 404-969-1212 (telephone) 678-868-1009 (facsimile) ATTORNEYS FOR PLAINTIFFSCERTIFICATE OF SERVICE Thereby certify that on September | 1 , 2017, I electronically filed the foregoing SUPERIOR COURT RULE 15 CERTIFICATION with the Clerk of Court using the CM/ECF system which will send notification of such filing by e-mail to the following: Cody B. Gillies Meacham & Earley, P.C. P.O. Box 9031 Columbus, GA 31908 Attorney for Defendant Tasteful Vapes, LLC ShenZhen Fest Technology Co., LTD Floor 8, Building C, SAR 1980 Cultural Industry Park Minfu Road, Minzhi, Longhua new district Shenzhen, Guandong, China I also certify that I have mailed by United States Postal Service the document and a copy of the Notice of Electronic Filing to the following non-CM-ECF participants: ShenZhen Fest Technology Co., Ltd. This | g day of September, 2017 Is} D: DAVID A. SLEPPY Ga. State Bar No. 652410 Cathey & Strain, LLC P.O. Box 689 Comelia, GA 30531 706-778-2601 (telephone) 706-776-2899 (facsimile) dsleppy@catheyandstrain.com ds/ Prakash Patel PRAKASH PATEL Ga. State Bar No. 565817 Joshi & Patel, LLC P.O. Box 1837 Buford, GA 30515 404-969-1212 (telephone) 678-868-1009 (facsimile) ppatel@ipattomeys.com ATTORNEYS FOR PLAINTIFFS