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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
Including Professional Corporations
RONALD J. HOLLAND, Cal. Bar No. 148687
BABAK G. YOUSEFZADERH, Cal. Bar No. 287115
DORNA MOINI, Cal. Bar No. 271689
Four Embarcadero Center, 17" Floor
San Francisco, California 94111-4109
Telephone: 415.434.9100
Facsimile: 415.434.3947
Email: rholland@sheppardmullin.com
ELECTRONICALLY
FILED
Supertor Court of Caiffornia,
County of San Francisco
12/24/2014
Clerk of the Court
BY:VANESSA WU
Deputy Clerk
byousefzadeh(@sheppardmullin. com
dmoini@sheppardmullin.com
Attorneys for Plaintiff
BENTLY BIOFUELS COLLECTION SERVICES LLC d/b/a
BENTLY BIOFUELS COLLECTION SERVICES, LLC,
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
BENTLY BIOFUELS COMPANY LLC d/b/a
BENTLY BIOFUELS COLLECTION
SERVICES, LLC,
Plaintiff,
v.
K. DAVID FISHER; 3D OIL&GREASE,
LLC; and DOES 1-25, inclusive,
Defendants.
Case No. CGC-13-535864
DECLARATION OF PETE SIRAGUSA IN
SUPPORT OF MOTION FOR SUMMARY
JUDGMENT
Date: March 2, 2015
Time: 230 a.
Department: 36 2
Reservation No, 121714-09
CASE NO. CGC-13-535864
DECLARATION OF PETE SIRAGUSA IN SUPPORT OF MS}I, Pete Siragusa, declare as follows:
1. 1 am engaged in the business of private investigation and am the founder and owner
of Siragusa Investigations. I have been a private investigator for approximately eight years and
was a San Francisco police inspector and a police officer for twenty-nine years. I have personal
knowledge of the facts set forth below and make this declaration in support of Plaintiff's Motion
for Summary Judgment. If sworn as a witness, I could and would testify as set forth herein.
2. In October 2013, I was hired by Bently Biofuels Collection Services (“Bently”),
Plaintiff in the above-captioned matter, to conduct surveillance of K. David Fisher. Specifically, I
Co oN AM F&F wD
was hired to conduct surveillance on Fisher and his oil collection activities, including whether he
10 |i was removing used oil from bins that were marked “Got Grease” and/or “Bently,” and/or
11 || removing the collection bins themselves. This surveillance started in October 2013 and continued
12 || through this year. We were given a picture of Fisher prior to beginning the surveillance so that we
13 || could identify him, We were also shown what Bently’s and Got Grease’s logos looked like so that
14 |] we would recognize it,
15 3. Periodically, I sent Bently investigation reports that detailed Fisher's oi] collection
16 |l activities that I or others on my team observed. As the owner of Siragusa Investigations, 1 am
17 || familiar with our practices with regard to such reports, including the ones that we provided to
18 || Bently. All of these reports are documents that record the’acts or events that are being witnessed,
19 || were made in the regular course of business at Siragusa Investigations, were prepared by me or my
20 || team at the time of the conduct observed or shortly thereafter, and are maintained and relied on by
21 || Siragusa Investigations as our official records. The reports are maintained electronically on our
22 || Company network. I have reviewed all of the reports that we have provided to Bently. True and
: 23 || correct copies of all of the reports related to our observation of Fisher are attached hereto as
24 || Exhibit A.
25 A As part of the investigation into Fisher, my team took videos of him at various
26 || points starting in October 2013, As the owner of Siragusa Investigations, I am familiar with our
27 || practices with regard to such videos, including the ones that we provided to Bently. All of these
28 || videos record the acts and events observed, were made in the regular course of business at
CASE NO. CGC-13-535864 DECLARATION OF PETE SIRAGUSA IN SUPPORT OF MSJ
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Siragusa Investigations, were made contemporaneously with the conduct or event observed, and
are maintained and relied on by Siragusa Investigations as our official records. The videos are
maintained electronically. True and correct copies of still frames from those videos are attached
hereto as Exhibits B through H. | have reviewed the still frames and have confirmed that they
have not been altered or modified in any way from what appears on the videos that I provided to
Bently.
5. Exhibit B attached hereto is a true and correct copy of a still frame from a video
that my team shot for Bently. The picture shows Fisher’s arm holding an oil-collection hose,
siphoning oil out of a container that is marked “Got Grease.” The picture was taken on November
12, 2013, at 4:58 p.m., as shown by the date stamp in the lower right-hand comer of the picture.
My team personally saw this happen and documented it.
6. When my team was conducting surveillance of Fisher, we found used cooking oil
collection bins at customer sites on which their “Got Grease” or “Bently Biofuels” identifiers were
painted over. We also found bins identified as belonging to 3D Oil&Grease, but where scratching
the top layer of paint revealed that it was painted over a green Bently bin. True and correct copies
of pictures of this are attached hereto as Exhibit C. These pictures were taken on or about
November 9, 2013.
7 Attached hereto as Exhibit D are true and correct copies of still frames from a
video that my team took of Fisher on October 28, 2013. The first and second pictures show Fisher
rolling a Got Grease collection bin to the curb. After he did so, my team saw him remove the oil
from the bin using his truck, which is pictured in the third photo of Exhibit D. The Got Grease bin
was then loaded onto the Penske truck that is pictured in the fourth photo of Exhibit D, My team
personally observed this occur and documented it.
&. On February 7, 2014, my team took a video of Fisher during our surveillance of
him. Exhibit E are true and correct copies of still frames from that video. The first picture shows
Fisher and another individual side by side. The second picture shows the same individual
preparing to lift a barrel marked “Got Grease” into a truck that | observed driven to that location
by Fisher and the individual in the picture. The third picture is a close-up of the barrel that the
-2-
CASE NO, CGC-13-535864 DECLARATION OF PETE SIRAGUSA IN SUPPORT OF MS)_
Cem YR Hw Bw ND
10
individual is gripping. The fourth picture was taken immediately after the individual placed the
barrel on the truck, The last picture is Fisher wheeling a different barrel into the location from
where the “Got Grease” barrel came. My team personally observed this occur and documented it,
9, Attached hereto as Exhibit F are true and correct copies of more pictures from the
video that my team shot of Fisher on February 7, 2014. In the first picture, Fisher is holding onto
a barrel that is labeled “Bently Biofuels.” The second picture is a close-up of the sticker. He then
tumed the barrel around, which is shown in the third picture, and started to peel off the Bently
sticker, which is seen in the fourth picture. In the fifth picture, an individual with him threw away
the sticker that was removed from the barrel. The last picture shows Fisher loading the barrel onto
a truck, My team personally observed this occur and documented it.
10. Attached hereto as Exhibit G are true and correct copies of three more still frames
from the February 7, 2014 video that my team took of Fisher. These pictures show Fisher rolling
a Got Grease barrel onto the truck which Fisher drove to the location. My team personally
observed this occur and documented it.
11. On June 15, 2014, ] observed Fisher as he obtained grease from a black collection
bin which had a Bently Biofuels logo. 1 took video footage of this incident. Exhibit H attached
hereto are true and correct copies of still frames from a video that my team shot for Bently, which
are contained in the investigation reports. The pictures show Fisher obtaining grease from a
Bently Biofuels oil container. They also show Fisher rolling the containers to an unknown
location and departing the area. The picture was taken on June 15, 2014, as shown by the date
stamp in the lower right-hand corner of the picture. My team personally saw this happen and
documented it,
1 declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct, Executed this 19" day of December 2014, in
NOVATO _ california.
SMRH 435620692, 1
3.
CASE NO. CGC-13-535864 DECLARATION OF PETE SIRAGUSA IN SUPPORT OF MSJEXHIBIT ASIRAGUSA INVESTIGATIONS
PO BOX 1353 NOVATO, CA 94948
CALIFORNIA LICENSED PRIVATE INVESTIGATOR 24660
415-897-5026
October 23, 2012
The subject of our investigation is : David Fisher
Date of Birth: 02/06/1965
Social Security #: N/A
Phone Number N/A
Home Address: 74 Kelloch Street
San Francisco, CA 94134
Summary
Subject was not observed on the first two days of surveillance. On third day Subject was
observed as he drove the large red truck to DMV, a Mexican restaurant and the CHP
building all in San Francisco. There was no work activity detected. Subject was not
observed on fourth day. On fifth day of surveillance Subject was observed as he drove to
five (5) different restaurants and obtained the used grease from four (4) of those
restaurants. After Subject made the stops at restaurants, he drove to a recycle yard and
was greeted by a male subject in a larger container 12 wheel big rig truck, connected a
hose to truck and appeared to transfer the grease. Subject then returned back to residence.
1
P000077FRIDAY, OCT!
$:00 a.m.
5:50 a.m.
6:00 p.m.
SURVEILLANCE REPORT
DAVID FISHER
74 Kelloch Street
San Francisco, CA 94134
ER 18, 2013
Investigator departed for assignment in San Francisco, CA,
Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402
Investigator arrived in the vicinity of the above listed address which is a
two story brick apartment building located in a low-income residential
neighborhood. The Subject’s red truck with large black container was
parked curbside near the residence. There was no visible activity.
Investigator established a discreet surveillance position.
Due to lack of outside activity we concluded out efforts for the day.
SATURDAY, OCTOBER 19, 2013
5:00 a.m.
5:50 a.m.
6:00 p.m.
Investigator departed for assignment in San Francisco, CA.
Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402
Investigator arrived in the vicinity of the above listed address which is a
two story brick apartment building located in a low-income residential
neighborhood. The Subject’s red truck with large black container was
parked curbside near the residence. There was no visible activity.
Investigator established a discreet surveillance position.
Due to lack of outside activity we concluded out efforts for the day.
MONDAY, OCTOBER 21, 2013
6:00 am.
7:04 am.
Investigator departed for assignment in San Francisco, CA.
Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402
> 2
P00007872am.
8:05 am.
10:29 a.m,
10:59 am,
11:33 am,
11:56 a.m,
12:02 p.m.
12:10 p.m.
12:30 p.m.
12:43 p.m.
1:15 p.m.
Investigator arrived in the vicinity of the above listed address which is a
two story brick apartment building located in a low-income residential
neighborhood, The Subject’s red truck with large black container was
parked curbside near the residence. There was no visible activity.
Investigator established a discreet surveillance position.
Subject was observed as he exited residence, boarded black BMW license
#6UNR439 and due to the street sweeper, repositioned vehicle to opposite
side of street and then went back indoors.
Subject exited residence, boarded truck license #6L.05853, repositioned
vehicle to opposite side of street and went back indoors.
Subject exited residence, boarded truck license #6L05853 and departed the
area,
DMV-1377 Fell Street, San Francisco, CA 94117
Subject arrived at above listed address, exited vehicle, with paperwork and
stood in line outside of building before entering indoors.
Subject was wearing a baseball cap, long sleeve blue collared shirt, blue
work pants and black boots. Subject is an African American male
approximately 6ft 230 Ibs., with a goatee and small ponytail.
Subject retuned to vehicle and talked on cell phone for several minutes
before he departed the area.
Don Ramon’s Mexican Restaurant & Cantina
Subject arrived in the vicinity of the above listed address, parked curbside,
exited vehicle and entered the restaurant.
Subject exited restaurant, boarded vehicle and departed the area.
CHP-455 8" Street, San Francisco, GA 94103
Subject arrived in parking lot of above listed address, exited vehicle and
entered indoors.
Subject was observe as he exited the building, boarded his truck and
departed the area, Mobile surveillance was maintained.
Piccolo Pete Deli.
Subject arrived in the vicinity of the above listed address, parked curbside,
and entered the deli. Subject was observed as he ordered food, retumed to
his truck and ate lunch.
Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402
; 3
P0000791:30 p.m.
6:00 a.m.
6:48 am.
2:00 p.m.
Subject retumed to his residence and entered indoors.
Due to lack of any further outside activity we concluded out efforts for
the day.
Investigator departed for assignment in San Francisco, CA.
Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402
Investigator arrived in the vicinity of the above listed address which is a
two story brick apartment building located in a low-income residential
neighborhood. The Subject’s red truck with large black container was
parked curbside near the residence. There was no visible activity.
Investigator established a discreet surveillance position.
Due to lack of outside activity we concluded out efforts for the day.
WEDNESDAY, OCTOBER 23, 2013
6:00 a.m.
6:47 am.
7:42 am.
7:43 am.
7:50 am.
Investigator departed for assignment in San Francisco, CA.
Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402
Investigator arrived in the vicinity of the above listed address which is a
two story brick apartment building located in a low-income residential
neighborhood. The Subject’s red truck with large black container was
observed leaving the area. Investigator departed and surveilled subject to
the below first location.
7 Eleven-1388 46" Avenue, San Francisco, CA 9122
Subject’s truck was observed parked curbside near the of the above listed
address.
Subject was observed as he exited store with food, boarded his truck and
drove away.
Beach Chalet
‘ 4
P0000808:20 a.m.
8:38 a.m,
8:52 a.m.
9:19 aim.
9:40 a.m,
10:03 a.m.
Subject arrived at the above listed address, exited vehicle and unrolled
hose from rear of truck and walked behind truck out of view.
Subject was observed for the next 8 minutes as he walked in and out of
view around truck before he rolled hose up, boarded truck and drove
away,
Moonstar Buffet-
Subject arrived in the back of building of above listed address, exited
vehicle and walked behind truck out of view.
Subject boarded vehicle and drove away.
Joe’s of Westlake-
Subject arrived at the above listed address exited vehicle and walked out
of view before he then retumed to vehicle and repositioned vehicle near
the building.
Subject was observed for the next 20 minutes as he walked in and out of
view around truck before he rolled hose up, boarded truck and drove
away.
King Wah Restaurant-
Subject arrived in the rear parking lot of the above listed address, parked
near the building and exited vehicle.
Subject was observed for the next 4 minutes as he walked in and out of
view around truck before he rolled hose up, boarded truck and drove
away.
Tani’s Kitchen.
Subject arrived in tront of building of the above listed address and exited
vehicle. Subject remained on cell phone as it appeared subject did not
have access to grease barrels. Subject then returned to his vehicle and
drove away.
Candlestick Recycling-1236 Carroll Ave., San Francisco, CA
94124
Subject arrived in parking area of above listed address and was greeted by
a unidentified man standing next to a 12 wheeler big rig truck license
#9E94373.(DMV ATTACHED). The advertising on door was listed as
“Hanford Commodities”
The Subject and unidentified man conversed for the next 10 minutes while
a hose connected the two truck tanks and appeared the larger truck was
extracting grease from the smaller truck.
° 5
00008110:14am, Subject boarded his vehicle and drove away.
10:26am. Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402
Subject returned to his residence and entered indoors. Shortly thereafter
Subject boarded the passenger seat of a blue Honda license #3LSZ437
which was parked curbside and drove away with a unidentified person.
12:00 p.m. Due to lack of outside activity we concluded out efforts for the day.
This report and surveillance was conducted by Jerel Di Viesti California Private
Investigator #27960
6
P000082SIRAGUSA INVESTIGATIONS
PO BOX 1353. NOVATO, CA 94948
CALIFORNIA LICENSED PRIVATE INVESTIGATOR 24660
415-897-5026
October 29, 2012
Subject of investigation: David Fisher
Date of Birth: 02/06/1965
Social Security # N/A
Phone Number N/A
Home Address: 74 Kelloch Street
San Francisco, CA 94134
SURVEILLANCE REPORT
DAVID FISHER
74 Kelloch Street
San Francisco, CA 94134
MONDAY, OCTOBER 28, 2013
6:00 a.m.
6:52 am.
8:03 a.m.
10:14 a.m,
Investigator departed for assignment in San Francisco, CA.
Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402
Investigator arrived near the above listed address, which is a two story
brick apartment building located in a low-income residential
neighborhood. The Subject’s red truck with large black container was
parked curbside near the residence. There was no visible activity.
Investigator established a discreet surveillance position.
Subject exited residence, boarded truck license #6105853, repositioned
vehicle to opposite side of the street and went back indoors,
There was business placard affixed to the driver side door, which was not
observed on previous surveillance, which stated “3D LLC Oil & Grease
(415) 370-3775,
Subject exited residence, boarded truck license #6L05853, repositioned
vehicle to opposite side of the street and went back indoors.
7
P0000831:0] p.m. Subject was observed as he exited residence, boarded black BMW license
#6UNR439 and departed the area.
1:15 pm, Subject returned to vicinity of residence and entered indoors.
1:30 p.m. Subject exited residence and washed down truck with a hose before going
back indoors,
2:21pm. Tempest
Subject arrived in the rear of building in a alley of the above listed
address, exited vehicle, removed hose from back of truck and walked out
of view inside the bar.
Subject was wearing a baseball cap, long sleeve blue collared shirt, blue
work pants, disposable rubber blue gloves, and black boots. Subject is a
male approximately 6ft 230 Ibs., with a goatee and small ponytail.
2:24 pun. Subject was observed as he placed lid back on container, wrapped hose on
to the truck, boarded the truck and drove away. Bar employee closed rear
door before Investigator could observe container in more detail. Mobile
surveillance was maintained.
2:37pm. Southpaw BBQ.
Subject arrived in vicinity of above listed address, parked in front of
restaurant and entered indoors out of view.
2:41 p.m. Subject was observed as he exited restaurant as he pushed a black barrel
which was on wheels and stood about two to three foot tall to the rear of
his truck. Subject then removed hose from truck and began to transfer the
grease from the barrel to his truck.
The square black barrel had a green and yellow logo and phone number
which stated “Got Grease 888 269-3115”
2:44 p.m. Subject finished with the transfer of grease, placed the hose back on his
truck and then rolled the barrel back into the restaurant.
2:58 p.m. Subject was observed as he departed area.
3:13 pam. Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402
Subject returned to his residence and entered indoors.
3:30 p.m. Due to lack of any further outside activity we concluded out efforts for the
day.
The surveillance was conducted, and this report prepared by Private Investigator
Jerel Di Viesti
; 8
P000084SIRAGUSA INVESTIGATIONS
PO BOX 1353 NOVATO, CA 94948
CALIFORNIA LICENSED PRIVATE INVESTIGATOR 24660
February 3, 2014
415-897-5026
The subject of investigation: David Fisher
Date of Birth:
02/06/1965
Social Security #: N/A
Phone Number
Home Address:
N/A
74 Kelloch Street
San Francisco, CA 94134
SURVEILLANCE REPORT
DAVID FISHER
74 Kelloch Street
San Francisco, CA 94134
THURSDAY, JANUARY 30, 2014
10:30am. Investigator departed for assignment in San Francisco, CA
11:24am. Bullitredacted
Subject arrived-at- above address -and-entered- indoors, before -he exited
building and returned to his track without obtaining any grease, and then
drove away.
Subject was wearing a baseball cap, long sleeve blue collared shirt, blue
work pants, disposable rubber blue gloves, and black boots, Subject is an
African American male approximately 6ft 230 Ibs., with a goatee and
small ponytail.
li:4tam. Hyatt Grand Hotelredactea
Subject arrived at above address and backed truck into garage on Post
Street and out of view. A short time later Subject departed area to his next
destination.
9
P00009311:52 pm.
12:38 p.m.
1:08 p.m.
1:19 p.m.
1:46 p.m.
2:45 p.m.
2:53 p.m,
3:20 pan.
5:54 p.m.
Palace Hote
Subject arrived in vicinity of above listed address and parked truck in rear
of building on Annie Street. Subject obtained grease from location then
departed to next destination.
New Mings Restaurantk
Redact
Subject arrived at above address obtained grease and then remained in his
truck as he conversed on the phone.
Subject departed to his next destination.
Redacted
Subject arrived at above address, parked in the rear of the building and
obtained grease from an unknown restaurant or hotel, which were in the
vicinity. Subject again conversed on his phone before he departed area.
St. Mortiz Hotelre
Subject arrived at above address and backed truck into garage on Post
Street and out of view. A short time later Subject departed area to his next
destination.
Due to heavy traffic conditions, surveillance was no longer maintained.
Investigator strategically scanned the area, however despite his efforts, the
Subject nor his vehicle was located. Investigator departed for Subject’s
residence,
Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402
Investigator arrived at Subject’s residence and established a discreet
surveillance position.
Subject returned to his residence and entered indoors a brief moment
before he boarded his truck and departed the area, The Subject’s presumed
cousin followed the Subject in white Dodge license #8W98877.
Sunset Garage-150 Industrial Way, San Francisco, CA 94405
Subject and cousin arrived in vicinity of above address, exited their
vehicles and stood outside the building in the parking lot while they
conversed and smoked cigarettes.
For the next 2hrs 30 minute the Subject and his cousin walked in and out
of view while they continued to converse with a unidentified man who
appeared to work at garage.
Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402
10
P0000946:00 p.m.
Subject arrived at his residence and entered indoors.
Due to lack of any further outside activity we concluded out efforts for the
day.
RIDAY, JANUARY 31, 2014
12:00 p.m.
12:36 p.m.
1:05 p.m.
1:15 p.m.
1:19 p.m.
1:28 p.m.
1:36 p.m.
1:47 p.m.
1:54 p.m.
2:08 p.m.
Investigator departed for assignment in San Francisco, CA
Tommy’s Joynt:
Subject arrived near the above listed address with his cousin, obtained
grease behind a locked brown gate out view. The Subject’s cousin was
wearing gloves and assisted the Subject obtain the grease from the
restaurant. The two men then boarded the truck and drove away, Mobile
surveillance was maintained.
Aurora-Redacted
Subject arrived in the vicinity of the above listed address with his cousin,
obtained grease behind a locked gate out view. The Subject’s cousin was
wearing gloves and assisted the Subject obtain the grease from the
restaurant,
The two men again boarded the truck and drove away.
Barrell House Tavern
Subject arrived near the above listed address with his cousin, obtained
grease from the restaurant. The Subject’s cousin was wearing again
assisted the Subject.
The two men boarded the truck and they departed the area,
Tommy’s Wok.
Subject arrived near the above listed address with his cousin, obtained
grease in the rear of the restaurant out view. The Subject’s cousin
continued to assist the Subject.
The two men again boarded the truck and drove away.
Bamboo Hut-
Subject and cousin arrived at above address and obtained grease out of
view.
Subject and cousin boarded truck and they departed the area.
5 11
P0000953:15 p.m.
3:39 p.m.
6:26 p.m.
6:45 p.m.
7:02 p.m.
7:55 p.m.
8:40 p.m.
10:05 p.m.
11:55 pm.
Due to heavy traffic conditions, surveillance was no longer maintained in
the downtown area of Mill Valley Investigator strategically scanned the
area and detected Subject was observed driving on Throckmorton Ave.
Mobile surveillance was again maintained.
Montacito Plaza- R
Subject and cousin arrived near the above listed address and entered the
back alley of shopping plaza out of view. There were several restaurants in
the plaza and it was not detected which restaurants subject obtained grease
from.
Subject departed area with cousin and at that time it was learned that a
“Got Grease” bin was located in the rear of the alley were Subject had
been parked. Mobile surveillance was maintained,
Industrial Yard-112 Spenkler Ave.-Modesto, CA 95345
Subject and cousin arrived at above listed address, exited vehicle and
waited outside the locked chain linked fence. There was no light on in the
building and there did not appear to be anyone in the truck yard. Each man
talked on their cell phone and appeared to wait for someone to arrive and
let them into the truck yard.
An unidentified person in red Dodge pickup Oklahoma license #664DKP
arrived to the truck yard and meet with Subject before the three men then
drove across the street to another truck yard for a few minutes,
Industrial Yard-112 Spenkler Ave.-Modesto, CA 95345
The three men retuned to above address and man who drove the Dodge
pickup opened the gate before Subject backed his grease truck into the
truck hanger. Grease bins were observed to be in the hanger, and Subject
began to transfer grease from his truck into the large grease bins as
Subject’s cousin roamed around the outside of the truck yard.
Subject and cousin departed the area as the man in red pickup track
remained behind at the truck yard.
Westley Hotel & Salon-
Subject and cousin arrived at the above listed address and entered indoors.
The two sat at a table and ate dinner together.
Subject and cousin boarded truck an d departed area.
Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402
‘ 12
Po00096Subject arrived at his residence and entered indoors.
12:00 p.m. Due to the lack of any further activity we elected to discontinue our
surveillance efforts for the day
° 13
P000097SIRAGUSA INVESTIGATIONS
PO BOX 1353 = NOVATO, CA 94948
CALIFORNIA LICENSED PRIVATE INVESTIGATOR 24660
415-897-5026
FEBRUARY 1 4:
The subject of our investigation is Robert Dentley:
Date of Birth: August 8, 1964
Social Security #: 560-06-8839
Phone Number (415) 584-7492
Home Address: 280 Parque Street
San Francisco, CA 94134
SURVEILLANCE REPORT
ROBERT DENTLEY
280 Parque Street
San Francisco, CA 94134
TUESDAY, FEBRUARY 4, 2014
5:30 a.m. Investigator departed for assignment in San Francisco, CA,
6:22 a.m. Subject’s Residence-280 Parque Street, San Francisco, CA 94134
Investigator arrived at the above listed address, which is a two-story
residence with an attached one-car garage located in a middle to low-
income residential neighborhood. The Subject’s black Honda license
#5DMZA402 was not detected. However the Subject’s white Dodge pickup
license #8W98879 was parked curbside near residence. There were no
lights on inside the residence. Investigator established a discreet
surveillance position.
7:07 a.m. vTO
8:11am. VTO
9:00 a.m. vTO
10:15am. VTO
i:lSam. VTO
' 14
PO00010612:05 p.m.
12:17 pam.
12:45 p.m.
1:27 p.m.
1:52 p.m,
2:00 p.m.
2:05 p.m.
2:16 p.m.
2:48 p.m.
3:08 p.m.
Subject was observed as he exited residence, boarded his white Dodge
pickup license #8W98879 and departed the area. Mobile surveillance was
initiated.
Subject was wearing a white long sleeve shirt, blue jeans and sneakers.
Subject appeared to move about in apparent normal manner without
displaying any signs of pain or discomfort.
Recology-501 Tunnel Ave., San Francisco, CA 94134
Subject arrived at the above listed address, exited vehicle and entered
indoors before discreet videotape was obtained.
Due to the heavy traffic conditions, surveillance was no longer
maintained, Investigator scanned the area for Subject and his vehicle,
however despite his efforts neither Subject nor his vehicle were located.
Subject’s Residence-280 Parque Street, San Francisco, CA 94134
Investigator returned to Subject’s residence and established a discreet
surveillance position.
VTO
Private Residence-74 Kelloch Street, San Francisco, CA 94402
Subject arrived in the vicinity of his cousins residence (David Fisher) and
entered indoors.
Subject and his cousin exited residence and Subject boarded a Penske box
truck license #8C37840 while his cousin boarded a red truck with large
black container license #6105853 and relocated truck to a different side of
street before he then boarded the front passenger seat of the Penske box
truck. (Video)
The Subjects departed the area and mobile surveillance was maintained,
“Hol N’ Jam Enterprises 350 Industrial Way, Brisbane, CA.
Subject’s arrived in vicinity of above listed address, exited vehicle, stood
out front of building and conversed with a unidentified African American
male.
Videotape was obtained as the men continued to converse outside the
building. (Video)
Subject and cousin began to unload the grease barrels and drums off the
Penske truck and placed them in the area of the above listed address.
(Video)
15
P0001074:58 p.m.
5:07 p.m.
5:11 p.m.
5:30 p.m.
6:30 pm
Subject and cousin boarded the Penske truck and departed the area.
(Video)
Private Residence-74 Kelloch Street, San Francisco, CA 94402
Subject and cousin arrived at above address. Subject cousin entered
indoors and Subject departed in his white Dodge pickup license
#8W98879.
Subject’s Residence-280 Parque Street, San Francisco, CA 94134
Subject and arrived in the vicinity of his residence parked curbside and
entered indoors before discreet videotape could be obtained,
Due to the lack of any further outside activity on the Subject’s behalf we
elected to conclude our efforts for the day.
Investigator returned to office.
WEDNESDAY, FEBRUARY 5, 2014
5:30 a.m.
6:30 am.
7:20 a.m.
8:26 a.m.
9:25 a.m.
10:25 a.m.
10:34 a.m.
Investigator departed for assignment in San Francisco, CA.
Subject’s Residence-280 Parque Street, San Francisco, CA 94134
Investigator arrived at the above listed address, which is a two-story
residence with an attached one-car garage located in a middle to low-
income residential neighborhood. The Subject’s black Honda license
#5DMZA402 and white Dodge pickup license #8W98879 were parked
curbside near residence. There were no lights on inside the residence.
Investigator established a discreet surveillance position,
vTO
VvTo
VTO
Subject’s cousin arrived in front of the residence in the Penske box truck
license #8C37840, Subject exited residence and the two men drove away.
Mobile surveillance was initiated.
Subject was wearing a brown sweater, and black pants, Subject appeared
to move about in apparent normal manner without displaying any signs of
pain or discomfort.
200 Block- Leland Ave. San Francisco, CA 94134
16
P00010810:46 a.m.
11:01 am.
11:32 a.m.
11:49 am.
11:54 a.m.
12:24 p.m.
12:40 p.m.
12:50 p.m,
1:27 p.m.
1:35 p.m.
Subjects arrived in the vicinity of the above listed address. Subject
remained in vehicle and his cousin walked in and out several different
business.
Subject’s cousin boarded the Penske truck and the two men departed the
area. (Video)
Mental Health & Rehabilitation Center-887 Poltero Ave. San
Francisco, CA
Subject and cousin arrived in vicinity of above listed address, remained in
vehicle and appeared to talk with a unknown individual who stood outside
the truck. (Video)
Subject and cousin departed the area, and was not detected where the
unknown individual departed to.
Manila Eatery-45 Colma Blvd-Colma, CA $4014
Subject and cousin arrived at above listed address and entered indoors.
(Video)
Subject and cousin exited restaurant with bags of food boarded vehicle
and departed the area, (Video)
Mental Health & Rehabilitation Center-887 Poltero Ave. San
Francisco, CA
Subject and cousin returned to the above listed address and remained in
truck as they ate lunch. (Video)
Subject and cousin departed the area in route to their next destination and
mobile surveillance was maintained.
Private Residence-74 Kelloch Street, San Francisco, CA 94402
Subject and cousin arrived at the above listed address and entered indoors
before discreet videotape could be obtained.
Subject and cousin exited residence, boarded the Penske box truck license
4#8C37840 and departed the area before discreet videotape could be
obtained.
Subject was now wearing a blue jacket over his brown sweater.
Ocean Pizza & Restaurant-1443 Ocean Drive, San Francisco, CA.
Subject and his cousin arrived in the vicinity of the above listed address as
they met with two men which arrived at the same time in a Toyota Camry
license #4XNN918. (Video)
17
POQ001093:10 p.m.
3:26 p.m.
3:48 p.m.
4:36 p.m.
4:45 p.m.
5:00 p.m.
6:00 pm
The four men sat at a table outside the restaurant, which was placed there
by restaurant owner as the men arrived and conversed for the next
approximate 90 minutes. Most of the conversation was Subject’s cousin
(Fisher) and a man later identified to be “Terrell”. Subject did not engage
with conversation (Video)
Subject and cousin shook hands with men, departed the area on foot,
walked to and boarded the Penske truck before they drove away, Mobile
surveillance was maintained.
“Hol N’ Jam Enterprises- 350 Industrial Way, Brisbane, CA.
Subject and cousin arrived in vicinity of above listed address, exited
vehicle, stood out front of building and conversed with a unidentified
African American male as they did on previous day.
Subject and cousin were observed while they loaded the Penske truck with
the barrels and drums they unloaded on the previous day. Discreet
videotape was unable to be obtained.
Subject and cousin boarded the Penske truck and departed the area.
(Video)
Subject’s Residence-280 Parque Street, San Francisco, CA 94134
Subject exited truck and entered indoors as he cousin departed the area.
(Video)
Due to the lack of any further outside activity on the Subject’s behalf we
elected to conclude our efforts for the day.
Investigator returned to office.
THURSDAY, FEBRUARY 6, 2014
5:30 a.m.
6:37 am.
Investigator departed for assignment in San Francisco, CA.
Subject’s Residence-280 Parque Street, San Francisco, CA 94134
Investigator arrived at the above listed address, which is a two-story
residence with an attached one-car garage located in a middle to low-
income residential neighborhood. The Subject’s black Honda license
#5DMZA402 was not detected. However the Subject’s white Dodge pickup
license #8W98879 was parked curbside near residence. There were no
lights on inside the residence. Investigator established a discreet
surveillance position.
18
P0001107:34am.
8:28 a.m.
9:28 a.m,
9:47 am.
10:15 am.
11:03 a.m.
11:14 a.m.
11:20 a.m.
11:43 am.
1:30 p.m.
2:30 pm
vTO
VTO
VTO
The Subject exited his residence, boarded his white Dodge pickup license
#8W98879 and departed the area, Mobile surveillance was initiated.
Kaiser Permanente-800 Block Trager Ave., San Bruno, CA 94066
Subject arrived in the vicinity of the above listed address and parked
vehicle in a parking lot across the street. Subject exited vehicle, walked
across the street out of view and into the building before discreet
videotape could be obtained.
Subject emerged from the building, walked to his truck, boarded the
vehicle and departed the area. (Video)
Subject was wearing a white long sleeve shirt, blue jeans and sneakers.
Subject appeared to move about in apparent normal manner without
displaying any signs of pain or discomfort.
Safeway-30 Chestnut Avenue-San Francisco, CA 94080
Subject arrived at the above listed address, exited vehicle and entered
indoors. (Video)
Subject exited store with a small bag, boarded vehicle and departed area.
(Video)
Due to the heavy traffic and weather conditions, surveillance was no
longer maintained. Investigator scanned the area for Subject and his
vehicle, however despite his efforts neither Subject nor his vehicle were
located,
Subject’s Residence-280 Parque Street, San Francisco, CA 94134
Investigator returned to Subject’s residence and established a discreet
surveillance position.
Due to the unknown whereabouts on the Subject’s behalf we elected to
discontinue our surveillance efforts for the day,
Investigator returned to office.
The above report was prepared by PI Jerel Diviesti
19
Ppooo1i1120
P000112February 5, 2014
The subject of our investigation is Robert Dentley:
Date of Birth: August 8, 1964
Social Security #: 560-06-8839
Phone Number (415) 584-7492
Home Address: 280 Parque Street
San Francisco, CA 94134
Summary
On Feb 4" Subject was observed while he assisted Fisher unload empty barrels from the
rented Penske truck near a “Hol N’ Jam Enterprises located at 350 Industrial Way,
Brisbane, CA. However on of the barrels did appear to be full. Subject was also
observed as he drove a white Dodge pickup license #8W98879,
On Feb 5" Subject was again observed with Fisher as the two men drove in the Penske
truck to “San Francisco Mental Health & Rehabilitation Center located at 887 Potrero
Ave. San Francisco, CA and appeared to talk with a unknown individual who stood
outside the track. Subject and Fisher remained in the vehicle the whole time before they
drove away. After the two men retumed to Fisher’s residence they again departed and
drove the Penske truck to “Ocean Pizza & Restaurant” located at 1443 Ocean Drive, San
Francisco, CA. Subject and Fisher appeared to have a scheduled business meeting with
two men. The four men sat outside the restaurant for about 90 minutes. The two
unidentified men departed in a white Toyota Camry license #4XNN918. After the
meeting, Subject and Fisher retrieved the empty barrels.
Toyota is registered to Sofia Perivoliotis
DVST Investigations (951) 265-9407 4300 Black Ave. Suite #16456 Pleasanton ,CA 94566 dvustinvestigations.com 2 1
P000113SIRAGUSA INVESTIGATIONS
PO BOX 1353. NOVATO, CA 94948
CALIFORNIA LICENSED PRIVATE INVESTIGATOR 24660
415-897-5026
March 15, 2014
The subject of our investigation is : David Fisher
Date of Birth: 02/06/1965
Social Security #: N/A
Phone Number NIA
Home Address: 74 Kelloch Street
San Francisco, CA 94134
SURVEILLANCE REPORT
DAVID FISHER
74 Kelloch Street
San Francisco, CA $4134
MONDAY, FEBRUARY 10, 2014
5:30 a.m.
6:20 a.m.
6:24 am.
2:30 p.m.
3:30 p.m.
Investigator departed for assignment in San Francisco, CA.
As Investigator arrived near the Subject’s residence he detected the green
grease truck license #8C95589 painted with a logo which stated “CAB”
“California Alternative By Products 855-342-2500, 209-342-2500" CA,
The truck was driven by the white male seen the previous week. The truck
went to a unknown business before it then departed the area, alone
Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402
Investigator arrived in the vicinity of the above listed address which is a
two story brick apartment building located in a low-income residential
neighborhood. The Subject’s red truck with large black container license
#6105853 was parked curbside near the residence. Subject’s black BMW
license #46UNR439 was not detected in the area. There was no visible
activity, Investigator established a discreet surveillance position.
Due to lack of outside activity we concluded out efforts for the day.
Investigator retumed to office.
22
PoOO114TUESDAY, FEBRUARY 11, 2014
5:30 a.m.
6:31 a.m.
11:00 a.m.
2:30 p.m.
3:30 p.m.
Investigator departed for assignment in San Francisco, CA.
Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402
Investigator arrived in the vicinity of the above listed address which is a
two story brick apartment building located in a low-income residential
neighborhood. The Subject’s red truck with large black container license
#6L05853 and black BMW license #6UNR439 were parked curbside near
the residence. There was no visible activity. Investigator established a
discreet surveillance position.
Subject was observed as he exited his residence while he carried a folder,
boarded his black BMW license #46UNR439 and departed the area,
(Video).
Subject was wearing a black baseball cap, a brown T-shirt, black
windbreaker pants and black boots,
Due to road construction which caused heavy traffic conditions mobile
surveillance on Subject was no longer maintained. Investigator
strategically scanned the area for Subject and his vehicle, despite his
efforts the Subject nor his vehicle were located and Investigator returned
to Subject’s residence.
Due to the unknown whereabouts on the Subject’s behalf we concluded
out efforts for the day.
Investigator returned to office.
WEDNESDAY, FEBRUARY 12, 2014
5:30 a.m.
6:28 a.m.
Investigator departed for assignment in San Francisco, CA.
Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402
Investigator arrived in the vicinity of the above listed address which is a
two story brick apartment building located in a low-income residential
neighborhood. The Subject’s red truck with large black container license
#6105853 and black BMW license #6UNR439 were parked curbside near
the residence. There was no visible activity. Investigator established a
discreet surveillance position.
23
Pooo1158:20 a.m.
9:55 am.
10:15 a.m.
11:25 a.m.
1:00 p.m.
2:30 p.m.
3:30 pm.
Subject exited residence boarded the red truck with large black container
license #605853 and relocated vehicle to opposite side of street before he
then boarded the black BMW license #6UNR439 and departed the area.
Mobile surveillance was initiated.
Subject was wearing a black baseball cap, dark blue work shirt, dark blue
pants and black boots.
Arco Gas Station-2701 Orchard Lane, Sacramento, CA 95833
Subject arrived at above listed address, exited vehicle and entered indoors.
Shortly thereafter Subject boarded his vehicle and departed the area.
(Video).
CDFA-2800 Gateway Oaks Drive, Sacramento, CA 9583
Subject arrived in parking lot of above listed residence, exited vehicle with
a folder and paperwork and entered indoors, (Video).
Subject exited building, boarded his vehicle and departed the area,
Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402
Subject returned to his residence and entered indoors. (Video).
Due to the lack of any further outside activity we concluded our
surveillance efforts for the day.
Investigator retumed to office.
THURSDAY, FEBRUARY 13, 2014
5:30 a.m.
6:25 am.
1:46 p.m.
Investigator departed for assignment in San Francisco, CA.
Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402
Investigator arrived in the vicinity of the above listed address which is a
two story brick apartment building located in a low-income residential
neighborhood. The Subject’s red truck with large black container license
#6105853 and black BMW license #6UNR439 were parked curbside near
the residence. There was no visible activity. Investigator established a
discreet surveillance position.
Subject was observed as he exited his residence while he carried a folder,
boarded his black BMW license 46UNR439 and departed the area.
(Video).
24
P0001161:50 p.m.
2:29 p.m.
4:07 p.m.
4:30 p.m.
5:30 p.m.
Subject was wearing a black baseball cap, dark blue work shirt, dark blue
pants and black boots.
Clipper Mill-404 Talbert Street, San Francisco, CA 94402
Subject arrived in the vicinity of the above listed address and met with the
white man who was seen earlier in the week driving the green grease truck
license #8C95589 painted with a logo which stated “CAB” “California
Alternative By Products 855-342-2500, 209-342-2500” CA. The truck
appeared to have two 55 gallon drums on the rear which were labeled with
Subject’s logo. The two men talked for few minutes before the Subject
departed in his BMW and the white male followed in the grease truck. It
was also determined that there was another unidentified large white male
in the passenger seat of the grease truck. (Video),
Unidentified Business-38" & Judah, San Francisco, CA 94112
Subject and grease truck arrived in vicinity of above listed address and
appeared to talk on the phone before the men departed the area, No grease
was obtained from this location. (Video).
Due to the heavy rush hour traffic conditions mobile surveillance on
Subject was no longer maintained. Investigator strategically scanned the
area for the Subject and his vehicle, despite our efforts the Subject nor his
vehicle were located and Investigator returned to Subject’s residence.
Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402
Investigator returned to Subject’s residence and detected his black BMW
license ¥46UNR439 parked curbside, however the red truck with large
black container license #6L05853 and black BMW license #6UNR439
‘was in the area.
Due to the unknown whereabouts on Subject’s behalf we concluded our
surveillance efforts for the day.
Investigator retumed to office.
FRIDAY, FEBRUARY 14, 2014
5:30 a.m.
6:29 a.m.
Investigator departed for assignment in San Francisco, CA,
Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402
Investigator arrived in the vicinity of the above listed address which is a
two story brick apartment building located in a low-income residential
neighborhood, The Subject’s red truck with large black container license
#605853 and black BMW license #6UNR439 were parked curbside near
25
P0001179:32 a.m.
9:40 a.m,
9:59 a.m,
10:05 a.m.
10:29 a.m.
2:30 p.m.
3:30 pm.
the residence. There was no visible activity. Investigator established a
discreet surveillance position.
Subject was observed as he exited his residence and washed his vehicle
before he boarded the black BMW license #6UNR439 and departed the
area, (Video),
Subject was wearing a black baseball cap, dark blue work shirt, dark blue
pants and black boots.
Dentley’s Residence-280 Parque Street, San Francisco, CA 94134
Subject arrived in vicinity of his cousins residence and parked curbside,
before Subject’s cousin exited residence and boarded the passenger seat of
BMW and the two men departed the area.
Bryant & 24" Street-San Francisco, CA 94110
Subject and cousin arrived in vicinity of above address and parked
curbside before they departed the area on foot. (Video)
St. Francis Fountain-2801 24" Street-San Francisco, CA
94110
Subject and cousin arrived at above address and entered indoors.
Subject and cousin exited restaurant with bags of food and filled back seat
with flowers they bought on the comer of street before they boarded
vehicle and departed the area.
Due to the heavy traffic conditions mobile surveillance on Subject was no
longer maintained. Investigator strategically scanned the area for Subject
and his vehicle, despite our efforts the Subject nor his vehicle were located
and Investigator retuned to Subject’s residence
Due to the unknown whereabouts on Subject’s behalf we concluded our
surveillance efforts for the day.
Investigator returned to office.
MONDAY, FEBRUARY 17, 2014
5:30 a.m.
6:27 am.
Investigator departed for assignment in San Francisco, CA.
Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402
Investigator arrived in the vicinity of the above listed address which is a
two story brick apartment building located in a low-income residential
neighborhood, The Subject’s red truck with large black container license
#6105853 and black BMW license #6UNR439 were parked curbside,
26
po001i81:30 p.m.
2:00 p.m.
There was no visible activity. Investigator established a discreet
surveillance position.
Due to lack of outside activity we concluded out efforts for the day,
Investigator retumed to office.
UESDAY, FEBRUA 014
5:30 a.m.
6:31 am.
11:07 am.
1:11am,
2:30 p.m.
3:30 p.m.
Investigator departed for assignment in San Francisco, CA.
Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402
Investigator arrived in the vicinity of the above listed address which is a
two story brick apartment building located in a low-income residential
neighborhood. The Subject’s red truck with large black container license
#6105853 and black BMW license #6UNR439 were parked curbside,
There was no visible activity. Investigator established a discreet
surveillance position.
Subject was observed as he exited his residence while he carried a folder,
boarded his black BMW license #46UNR439 and departed the area.
(Video).
Subject was wearing a black baseball cap, dark blue work shirt, dark blue
pants and black boots.
Dentley’s Residence-280 Pa
Preview
Co OY DA Fw HY — bh RM DY NY YN NY DY NY we eS me ee ve ~ eI ADE OH = SF Ce RARAESS AS SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations RONALD J. HOLLAND, Cal. Bar No. 148687 BABAK G. YOUSEFZADERH, Cal. Bar No. 287115 DORNA MOINI, Cal. Bar No. 271689 Four Embarcadero Center, 17" Floor San Francisco, California 94111-4109 Telephone: 415.434.9100 Facsimile: 415.434.3947 Email: rholland@sheppardmullin.com ELECTRONICALLY FILED Supertor Court of Caiffornia, County of San Francisco 12/24/2014 Clerk of the Court BY:VANESSA WU Deputy Clerk byousefzadeh(@sheppardmullin. com dmoini@sheppardmullin.com Attorneys for Plaintiff BENTLY BIOFUELS COLLECTION SERVICES LLC d/b/a BENTLY BIOFUELS COLLECTION SERVICES, LLC, SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO BENTLY BIOFUELS COMPANY LLC d/b/a BENTLY BIOFUELS COLLECTION SERVICES, LLC, Plaintiff, v. K. DAVID FISHER; 3D OIL&GREASE, LLC; and DOES 1-25, inclusive, Defendants. Case No. CGC-13-535864 DECLARATION OF PETE SIRAGUSA IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT Date: March 2, 2015 Time: 230 a. Department: 36 2 Reservation No, 121714-09 CASE NO. CGC-13-535864 DECLARATION OF PETE SIRAGUSA IN SUPPORT OF MS}I, Pete Siragusa, declare as follows: 1. 1 am engaged in the business of private investigation and am the founder and owner of Siragusa Investigations. I have been a private investigator for approximately eight years and was a San Francisco police inspector and a police officer for twenty-nine years. I have personal knowledge of the facts set forth below and make this declaration in support of Plaintiff's Motion for Summary Judgment. If sworn as a witness, I could and would testify as set forth herein. 2. In October 2013, I was hired by Bently Biofuels Collection Services (“Bently”), Plaintiff in the above-captioned matter, to conduct surveillance of K. David Fisher. Specifically, I Co oN AM F&F wD was hired to conduct surveillance on Fisher and his oil collection activities, including whether he 10 |i was removing used oil from bins that were marked “Got Grease” and/or “Bently,” and/or 11 || removing the collection bins themselves. This surveillance started in October 2013 and continued 12 || through this year. We were given a picture of Fisher prior to beginning the surveillance so that we 13 || could identify him, We were also shown what Bently’s and Got Grease’s logos looked like so that 14 |] we would recognize it, 15 3. Periodically, I sent Bently investigation reports that detailed Fisher's oi] collection 16 |l activities that I or others on my team observed. As the owner of Siragusa Investigations, 1 am 17 || familiar with our practices with regard to such reports, including the ones that we provided to 18 || Bently. All of these reports are documents that record the’acts or events that are being witnessed, 19 || were made in the regular course of business at Siragusa Investigations, were prepared by me or my 20 || team at the time of the conduct observed or shortly thereafter, and are maintained and relied on by 21 || Siragusa Investigations as our official records. The reports are maintained electronically on our 22 || Company network. I have reviewed all of the reports that we have provided to Bently. True and : 23 || correct copies of all of the reports related to our observation of Fisher are attached hereto as 24 || Exhibit A. 25 A As part of the investigation into Fisher, my team took videos of him at various 26 || points starting in October 2013, As the owner of Siragusa Investigations, I am familiar with our 27 || practices with regard to such videos, including the ones that we provided to Bently. All of these 28 || videos record the acts and events observed, were made in the regular course of business at CASE NO. CGC-13-535864 DECLARATION OF PETE SIRAGUSA IN SUPPORT OF MSJ NEOo we NY KAW B® WY m oe ~~ OS Siragusa Investigations, were made contemporaneously with the conduct or event observed, and are maintained and relied on by Siragusa Investigations as our official records. The videos are maintained electronically. True and correct copies of still frames from those videos are attached hereto as Exhibits B through H. | have reviewed the still frames and have confirmed that they have not been altered or modified in any way from what appears on the videos that I provided to Bently. 5. Exhibit B attached hereto is a true and correct copy of a still frame from a video that my team shot for Bently. The picture shows Fisher’s arm holding an oil-collection hose, siphoning oil out of a container that is marked “Got Grease.” The picture was taken on November 12, 2013, at 4:58 p.m., as shown by the date stamp in the lower right-hand comer of the picture. My team personally saw this happen and documented it. 6. When my team was conducting surveillance of Fisher, we found used cooking oil collection bins at customer sites on which their “Got Grease” or “Bently Biofuels” identifiers were painted over. We also found bins identified as belonging to 3D Oil&Grease, but where scratching the top layer of paint revealed that it was painted over a green Bently bin. True and correct copies of pictures of this are attached hereto as Exhibit C. These pictures were taken on or about November 9, 2013. 7 Attached hereto as Exhibit D are true and correct copies of still frames from a video that my team took of Fisher on October 28, 2013. The first and second pictures show Fisher rolling a Got Grease collection bin to the curb. After he did so, my team saw him remove the oil from the bin using his truck, which is pictured in the third photo of Exhibit D. The Got Grease bin was then loaded onto the Penske truck that is pictured in the fourth photo of Exhibit D, My team personally observed this occur and documented it. &. On February 7, 2014, my team took a video of Fisher during our surveillance of him. Exhibit E are true and correct copies of still frames from that video. The first picture shows Fisher and another individual side by side. The second picture shows the same individual preparing to lift a barrel marked “Got Grease” into a truck that | observed driven to that location by Fisher and the individual in the picture. The third picture is a close-up of the barrel that the -2- CASE NO, CGC-13-535864 DECLARATION OF PETE SIRAGUSA IN SUPPORT OF MS)_ Cem YR Hw Bw ND 10 individual is gripping. The fourth picture was taken immediately after the individual placed the barrel on the truck, The last picture is Fisher wheeling a different barrel into the location from where the “Got Grease” barrel came. My team personally observed this occur and documented it, 9, Attached hereto as Exhibit F are true and correct copies of more pictures from the video that my team shot of Fisher on February 7, 2014. In the first picture, Fisher is holding onto a barrel that is labeled “Bently Biofuels.” The second picture is a close-up of the sticker. He then tumed the barrel around, which is shown in the third picture, and started to peel off the Bently sticker, which is seen in the fourth picture. In the fifth picture, an individual with him threw away the sticker that was removed from the barrel. The last picture shows Fisher loading the barrel onto a truck, My team personally observed this occur and documented it. 10. Attached hereto as Exhibit G are true and correct copies of three more still frames from the February 7, 2014 video that my team took of Fisher. These pictures show Fisher rolling a Got Grease barrel onto the truck which Fisher drove to the location. My team personally observed this occur and documented it. 11. On June 15, 2014, ] observed Fisher as he obtained grease from a black collection bin which had a Bently Biofuels logo. 1 took video footage of this incident. Exhibit H attached hereto are true and correct copies of still frames from a video that my team shot for Bently, which are contained in the investigation reports. The pictures show Fisher obtaining grease from a Bently Biofuels oil container. They also show Fisher rolling the containers to an unknown location and departing the area. The picture was taken on June 15, 2014, as shown by the date stamp in the lower right-hand corner of the picture. My team personally saw this happen and documented it, 1 declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, Executed this 19" day of December 2014, in NOVATO _ california. SMRH 435620692, 1 3. CASE NO. CGC-13-535864 DECLARATION OF PETE SIRAGUSA IN SUPPORT OF MSJEXHIBIT ASIRAGUSA INVESTIGATIONS PO BOX 1353 NOVATO, CA 94948 CALIFORNIA LICENSED PRIVATE INVESTIGATOR 24660 415-897-5026 October 23, 2012 The subject of our investigation is : David Fisher Date of Birth: 02/06/1965 Social Security #: N/A Phone Number N/A Home Address: 74 Kelloch Street San Francisco, CA 94134 Summary Subject was not observed on the first two days of surveillance. On third day Subject was observed as he drove the large red truck to DMV, a Mexican restaurant and the CHP building all in San Francisco. There was no work activity detected. Subject was not observed on fourth day. On fifth day of surveillance Subject was observed as he drove to five (5) different restaurants and obtained the used grease from four (4) of those restaurants. After Subject made the stops at restaurants, he drove to a recycle yard and was greeted by a male subject in a larger container 12 wheel big rig truck, connected a hose to truck and appeared to transfer the grease. Subject then returned back to residence. 1 P000077FRIDAY, OCT! $:00 a.m. 5:50 a.m. 6:00 p.m. SURVEILLANCE REPORT DAVID FISHER 74 Kelloch Street San Francisco, CA 94134 ER 18, 2013 Investigator departed for assignment in San Francisco, CA, Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402 Investigator arrived in the vicinity of the above listed address which is a two story brick apartment building located in a low-income residential neighborhood. The Subject’s red truck with large black container was parked curbside near the residence. There was no visible activity. Investigator established a discreet surveillance position. Due to lack of outside activity we concluded out efforts for the day. SATURDAY, OCTOBER 19, 2013 5:00 a.m. 5:50 a.m. 6:00 p.m. Investigator departed for assignment in San Francisco, CA. Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402 Investigator arrived in the vicinity of the above listed address which is a two story brick apartment building located in a low-income residential neighborhood. The Subject’s red truck with large black container was parked curbside near the residence. There was no visible activity. Investigator established a discreet surveillance position. Due to lack of outside activity we concluded out efforts for the day. MONDAY, OCTOBER 21, 2013 6:00 am. 7:04 am. Investigator departed for assignment in San Francisco, CA. Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402 > 2 P00007872am. 8:05 am. 10:29 a.m, 10:59 am, 11:33 am, 11:56 a.m, 12:02 p.m. 12:10 p.m. 12:30 p.m. 12:43 p.m. 1:15 p.m. Investigator arrived in the vicinity of the above listed address which is a two story brick apartment building located in a low-income residential neighborhood, The Subject’s red truck with large black container was parked curbside near the residence. There was no visible activity. Investigator established a discreet surveillance position. Subject was observed as he exited residence, boarded black BMW license #6UNR439 and due to the street sweeper, repositioned vehicle to opposite side of street and then went back indoors. Subject exited residence, boarded truck license #6L.05853, repositioned vehicle to opposite side of street and went back indoors. Subject exited residence, boarded truck license #6L05853 and departed the area, DMV-1377 Fell Street, San Francisco, CA 94117 Subject arrived at above listed address, exited vehicle, with paperwork and stood in line outside of building before entering indoors. Subject was wearing a baseball cap, long sleeve blue collared shirt, blue work pants and black boots. Subject is an African American male approximately 6ft 230 Ibs., with a goatee and small ponytail. Subject retuned to vehicle and talked on cell phone for several minutes before he departed the area. Don Ramon’s Mexican Restaurant & Cantina Subject arrived in the vicinity of the above listed address, parked curbside, exited vehicle and entered the restaurant. Subject exited restaurant, boarded vehicle and departed the area. CHP-455 8" Street, San Francisco, GA 94103 Subject arrived in parking lot of above listed address, exited vehicle and entered indoors. Subject was observe as he exited the building, boarded his truck and departed the area, Mobile surveillance was maintained. Piccolo Pete Deli. Subject arrived in the vicinity of the above listed address, parked curbside, and entered the deli. Subject was observed as he ordered food, retumed to his truck and ate lunch. Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402 ; 3 P0000791:30 p.m. 6:00 a.m. 6:48 am. 2:00 p.m. Subject retumed to his residence and entered indoors. Due to lack of any further outside activity we concluded out efforts for the day. Investigator departed for assignment in San Francisco, CA. Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402 Investigator arrived in the vicinity of the above listed address which is a two story brick apartment building located in a low-income residential neighborhood. The Subject’s red truck with large black container was parked curbside near the residence. There was no visible activity. Investigator established a discreet surveillance position. Due to lack of outside activity we concluded out efforts for the day. WEDNESDAY, OCTOBER 23, 2013 6:00 a.m. 6:47 am. 7:42 am. 7:43 am. 7:50 am. Investigator departed for assignment in San Francisco, CA. Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402 Investigator arrived in the vicinity of the above listed address which is a two story brick apartment building located in a low-income residential neighborhood. The Subject’s red truck with large black container was observed leaving the area. Investigator departed and surveilled subject to the below first location. 7 Eleven-1388 46" Avenue, San Francisco, CA 9122 Subject’s truck was observed parked curbside near the of the above listed address. Subject was observed as he exited store with food, boarded his truck and drove away. Beach Chalet ‘ 4 P0000808:20 a.m. 8:38 a.m, 8:52 a.m. 9:19 aim. 9:40 a.m, 10:03 a.m. Subject arrived at the above listed address, exited vehicle and unrolled hose from rear of truck and walked behind truck out of view. Subject was observed for the next 8 minutes as he walked in and out of view around truck before he rolled hose up, boarded truck and drove away, Moonstar Buffet- Subject arrived in the back of building of above listed address, exited vehicle and walked behind truck out of view. Subject boarded vehicle and drove away. Joe’s of Westlake- Subject arrived at the above listed address exited vehicle and walked out of view before he then retumed to vehicle and repositioned vehicle near the building. Subject was observed for the next 20 minutes as he walked in and out of view around truck before he rolled hose up, boarded truck and drove away. King Wah Restaurant- Subject arrived in the rear parking lot of the above listed address, parked near the building and exited vehicle. Subject was observed for the next 4 minutes as he walked in and out of view around truck before he rolled hose up, boarded truck and drove away. Tani’s Kitchen. Subject arrived in tront of building of the above listed address and exited vehicle. Subject remained on cell phone as it appeared subject did not have access to grease barrels. Subject then returned to his vehicle and drove away. Candlestick Recycling-1236 Carroll Ave., San Francisco, CA 94124 Subject arrived in parking area of above listed address and was greeted by a unidentified man standing next to a 12 wheeler big rig truck license #9E94373.(DMV ATTACHED). The advertising on door was listed as “Hanford Commodities” The Subject and unidentified man conversed for the next 10 minutes while a hose connected the two truck tanks and appeared the larger truck was extracting grease from the smaller truck. ° 5 00008110:14am, Subject boarded his vehicle and drove away. 10:26am. Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402 Subject returned to his residence and entered indoors. Shortly thereafter Subject boarded the passenger seat of a blue Honda license #3LSZ437 which was parked curbside and drove away with a unidentified person. 12:00 p.m. Due to lack of outside activity we concluded out efforts for the day. This report and surveillance was conducted by Jerel Di Viesti California Private Investigator #27960 6 P000082SIRAGUSA INVESTIGATIONS PO BOX 1353. NOVATO, CA 94948 CALIFORNIA LICENSED PRIVATE INVESTIGATOR 24660 415-897-5026 October 29, 2012 Subject of investigation: David Fisher Date of Birth: 02/06/1965 Social Security # N/A Phone Number N/A Home Address: 74 Kelloch Street San Francisco, CA 94134 SURVEILLANCE REPORT DAVID FISHER 74 Kelloch Street San Francisco, CA 94134 MONDAY, OCTOBER 28, 2013 6:00 a.m. 6:52 am. 8:03 a.m. 10:14 a.m, Investigator departed for assignment in San Francisco, CA. Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402 Investigator arrived near the above listed address, which is a two story brick apartment building located in a low-income residential neighborhood. The Subject’s red truck with large black container was parked curbside near the residence. There was no visible activity. Investigator established a discreet surveillance position. Subject exited residence, boarded truck license #6105853, repositioned vehicle to opposite side of the street and went back indoors, There was business placard affixed to the driver side door, which was not observed on previous surveillance, which stated “3D LLC Oil & Grease (415) 370-3775, Subject exited residence, boarded truck license #6L05853, repositioned vehicle to opposite side of the street and went back indoors. 7 P0000831:0] p.m. Subject was observed as he exited residence, boarded black BMW license #6UNR439 and departed the area. 1:15 pm, Subject returned to vicinity of residence and entered indoors. 1:30 p.m. Subject exited residence and washed down truck with a hose before going back indoors, 2:21pm. Tempest Subject arrived in the rear of building in a alley of the above listed address, exited vehicle, removed hose from back of truck and walked out of view inside the bar. Subject was wearing a baseball cap, long sleeve blue collared shirt, blue work pants, disposable rubber blue gloves, and black boots. Subject is a male approximately 6ft 230 Ibs., with a goatee and small ponytail. 2:24 pun. Subject was observed as he placed lid back on container, wrapped hose on to the truck, boarded the truck and drove away. Bar employee closed rear door before Investigator could observe container in more detail. Mobile surveillance was maintained. 2:37pm. Southpaw BBQ. Subject arrived in vicinity of above listed address, parked in front of restaurant and entered indoors out of view. 2:41 p.m. Subject was observed as he exited restaurant as he pushed a black barrel which was on wheels and stood about two to three foot tall to the rear of his truck. Subject then removed hose from truck and began to transfer the grease from the barrel to his truck. The square black barrel had a green and yellow logo and phone number which stated “Got Grease 888 269-3115” 2:44 p.m. Subject finished with the transfer of grease, placed the hose back on his truck and then rolled the barrel back into the restaurant. 2:58 p.m. Subject was observed as he departed area. 3:13 pam. Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402 Subject returned to his residence and entered indoors. 3:30 p.m. Due to lack of any further outside activity we concluded out efforts for the day. The surveillance was conducted, and this report prepared by Private Investigator Jerel Di Viesti ; 8 P000084SIRAGUSA INVESTIGATIONS PO BOX 1353 NOVATO, CA 94948 CALIFORNIA LICENSED PRIVATE INVESTIGATOR 24660 February 3, 2014 415-897-5026 The subject of investigation: David Fisher Date of Birth: 02/06/1965 Social Security #: N/A Phone Number Home Address: N/A 74 Kelloch Street San Francisco, CA 94134 SURVEILLANCE REPORT DAVID FISHER 74 Kelloch Street San Francisco, CA 94134 THURSDAY, JANUARY 30, 2014 10:30am. Investigator departed for assignment in San Francisco, CA 11:24am. Bullitredacted Subject arrived-at- above address -and-entered- indoors, before -he exited building and returned to his track without obtaining any grease, and then drove away. Subject was wearing a baseball cap, long sleeve blue collared shirt, blue work pants, disposable rubber blue gloves, and black boots, Subject is an African American male approximately 6ft 230 Ibs., with a goatee and small ponytail. li:4tam. Hyatt Grand Hotelredactea Subject arrived at above address and backed truck into garage on Post Street and out of view. A short time later Subject departed area to his next destination. 9 P00009311:52 pm. 12:38 p.m. 1:08 p.m. 1:19 p.m. 1:46 p.m. 2:45 p.m. 2:53 p.m, 3:20 pan. 5:54 p.m. Palace Hote Subject arrived in vicinity of above listed address and parked truck in rear of building on Annie Street. Subject obtained grease from location then departed to next destination. New Mings Restaurantk Redact Subject arrived at above address obtained grease and then remained in his truck as he conversed on the phone. Subject departed to his next destination. Redacted Subject arrived at above address, parked in the rear of the building and obtained grease from an unknown restaurant or hotel, which were in the vicinity. Subject again conversed on his phone before he departed area. St. Mortiz Hotelre Subject arrived at above address and backed truck into garage on Post Street and out of view. A short time later Subject departed area to his next destination. Due to heavy traffic conditions, surveillance was no longer maintained. Investigator strategically scanned the area, however despite his efforts, the Subject nor his vehicle was located. Investigator departed for Subject’s residence, Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402 Investigator arrived at Subject’s residence and established a discreet surveillance position. Subject returned to his residence and entered indoors a brief moment before he boarded his truck and departed the area, The Subject’s presumed cousin followed the Subject in white Dodge license #8W98877. Sunset Garage-150 Industrial Way, San Francisco, CA 94405 Subject and cousin arrived in vicinity of above address, exited their vehicles and stood outside the building in the parking lot while they conversed and smoked cigarettes. For the next 2hrs 30 minute the Subject and his cousin walked in and out of view while they continued to converse with a unidentified man who appeared to work at garage. Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402 10 P0000946:00 p.m. Subject arrived at his residence and entered indoors. Due to lack of any further outside activity we concluded out efforts for the day. RIDAY, JANUARY 31, 2014 12:00 p.m. 12:36 p.m. 1:05 p.m. 1:15 p.m. 1:19 p.m. 1:28 p.m. 1:36 p.m. 1:47 p.m. 1:54 p.m. 2:08 p.m. Investigator departed for assignment in San Francisco, CA Tommy’s Joynt: Subject arrived near the above listed address with his cousin, obtained grease behind a locked brown gate out view. The Subject’s cousin was wearing gloves and assisted the Subject obtain the grease from the restaurant. The two men then boarded the truck and drove away, Mobile surveillance was maintained. Aurora-Redacted Subject arrived in the vicinity of the above listed address with his cousin, obtained grease behind a locked gate out view. The Subject’s cousin was wearing gloves and assisted the Subject obtain the grease from the restaurant, The two men again boarded the truck and drove away. Barrell House Tavern Subject arrived near the above listed address with his cousin, obtained grease from the restaurant. The Subject’s cousin was wearing again assisted the Subject. The two men boarded the truck and they departed the area, Tommy’s Wok. Subject arrived near the above listed address with his cousin, obtained grease in the rear of the restaurant out view. The Subject’s cousin continued to assist the Subject. The two men again boarded the truck and drove away. Bamboo Hut- Subject and cousin arrived at above address and obtained grease out of view. Subject and cousin boarded truck and they departed the area. 5 11 P0000953:15 p.m. 3:39 p.m. 6:26 p.m. 6:45 p.m. 7:02 p.m. 7:55 p.m. 8:40 p.m. 10:05 p.m. 11:55 pm. Due to heavy traffic conditions, surveillance was no longer maintained in the downtown area of Mill Valley Investigator strategically scanned the area and detected Subject was observed driving on Throckmorton Ave. Mobile surveillance was again maintained. Montacito Plaza- R Subject and cousin arrived near the above listed address and entered the back alley of shopping plaza out of view. There were several restaurants in the plaza and it was not detected which restaurants subject obtained grease from. Subject departed area with cousin and at that time it was learned that a “Got Grease” bin was located in the rear of the alley were Subject had been parked. Mobile surveillance was maintained, Industrial Yard-112 Spenkler Ave.-Modesto, CA 95345 Subject and cousin arrived at above listed address, exited vehicle and waited outside the locked chain linked fence. There was no light on in the building and there did not appear to be anyone in the truck yard. Each man talked on their cell phone and appeared to wait for someone to arrive and let them into the truck yard. An unidentified person in red Dodge pickup Oklahoma license #664DKP arrived to the truck yard and meet with Subject before the three men then drove across the street to another truck yard for a few minutes, Industrial Yard-112 Spenkler Ave.-Modesto, CA 95345 The three men retuned to above address and man who drove the Dodge pickup opened the gate before Subject backed his grease truck into the truck hanger. Grease bins were observed to be in the hanger, and Subject began to transfer grease from his truck into the large grease bins as Subject’s cousin roamed around the outside of the truck yard. Subject and cousin departed the area as the man in red pickup track remained behind at the truck yard. Westley Hotel & Salon- Subject and cousin arrived at the above listed address and entered indoors. The two sat at a table and ate dinner together. Subject and cousin boarded truck an d departed area. Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402 ‘ 12 Po00096Subject arrived at his residence and entered indoors. 12:00 p.m. Due to the lack of any further activity we elected to discontinue our surveillance efforts for the day ° 13 P000097SIRAGUSA INVESTIGATIONS PO BOX 1353 = NOVATO, CA 94948 CALIFORNIA LICENSED PRIVATE INVESTIGATOR 24660 415-897-5026 FEBRUARY 1 4: The subject of our investigation is Robert Dentley: Date of Birth: August 8, 1964 Social Security #: 560-06-8839 Phone Number (415) 584-7492 Home Address: 280 Parque Street San Francisco, CA 94134 SURVEILLANCE REPORT ROBERT DENTLEY 280 Parque Street San Francisco, CA 94134 TUESDAY, FEBRUARY 4, 2014 5:30 a.m. Investigator departed for assignment in San Francisco, CA, 6:22 a.m. Subject’s Residence-280 Parque Street, San Francisco, CA 94134 Investigator arrived at the above listed address, which is a two-story residence with an attached one-car garage located in a middle to low- income residential neighborhood. The Subject’s black Honda license #5DMZA402 was not detected. However the Subject’s white Dodge pickup license #8W98879 was parked curbside near residence. There were no lights on inside the residence. Investigator established a discreet surveillance position. 7:07 a.m. vTO 8:11am. VTO 9:00 a.m. vTO 10:15am. VTO i:lSam. VTO ' 14 PO00010612:05 p.m. 12:17 pam. 12:45 p.m. 1:27 p.m. 1:52 p.m, 2:00 p.m. 2:05 p.m. 2:16 p.m. 2:48 p.m. 3:08 p.m. Subject was observed as he exited residence, boarded his white Dodge pickup license #8W98879 and departed the area. Mobile surveillance was initiated. Subject was wearing a white long sleeve shirt, blue jeans and sneakers. Subject appeared to move about in apparent normal manner without displaying any signs of pain or discomfort. Recology-501 Tunnel Ave., San Francisco, CA 94134 Subject arrived at the above listed address, exited vehicle and entered indoors before discreet videotape was obtained. Due to the heavy traffic conditions, surveillance was no longer maintained, Investigator scanned the area for Subject and his vehicle, however despite his efforts neither Subject nor his vehicle were located. Subject’s Residence-280 Parque Street, San Francisco, CA 94134 Investigator returned to Subject’s residence and established a discreet surveillance position. VTO Private Residence-74 Kelloch Street, San Francisco, CA 94402 Subject arrived in the vicinity of his cousins residence (David Fisher) and entered indoors. Subject and his cousin exited residence and Subject boarded a Penske box truck license #8C37840 while his cousin boarded a red truck with large black container license #6105853 and relocated truck to a different side of street before he then boarded the front passenger seat of the Penske box truck. (Video) The Subjects departed the area and mobile surveillance was maintained, “Hol N’ Jam Enterprises 350 Industrial Way, Brisbane, CA. Subject’s arrived in vicinity of above listed address, exited vehicle, stood out front of building and conversed with a unidentified African American male. Videotape was obtained as the men continued to converse outside the building. (Video) Subject and cousin began to unload the grease barrels and drums off the Penske truck and placed them in the area of the above listed address. (Video) 15 P0001074:58 p.m. 5:07 p.m. 5:11 p.m. 5:30 p.m. 6:30 pm Subject and cousin boarded the Penske truck and departed the area. (Video) Private Residence-74 Kelloch Street, San Francisco, CA 94402 Subject and cousin arrived at above address. Subject cousin entered indoors and Subject departed in his white Dodge pickup license #8W98879. Subject’s Residence-280 Parque Street, San Francisco, CA 94134 Subject and arrived in the vicinity of his residence parked curbside and entered indoors before discreet videotape could be obtained, Due to the lack of any further outside activity on the Subject’s behalf we elected to conclude our efforts for the day. Investigator returned to office. WEDNESDAY, FEBRUARY 5, 2014 5:30 a.m. 6:30 am. 7:20 a.m. 8:26 a.m. 9:25 a.m. 10:25 a.m. 10:34 a.m. Investigator departed for assignment in San Francisco, CA. Subject’s Residence-280 Parque Street, San Francisco, CA 94134 Investigator arrived at the above listed address, which is a two-story residence with an attached one-car garage located in a middle to low- income residential neighborhood. The Subject’s black Honda license #5DMZA402 and white Dodge pickup license #8W98879 were parked curbside near residence. There were no lights on inside the residence. Investigator established a discreet surveillance position, vTO VvTo VTO Subject’s cousin arrived in front of the residence in the Penske box truck license #8C37840, Subject exited residence and the two men drove away. Mobile surveillance was initiated. Subject was wearing a brown sweater, and black pants, Subject appeared to move about in apparent normal manner without displaying any signs of pain or discomfort. 200 Block- Leland Ave. San Francisco, CA 94134 16 P00010810:46 a.m. 11:01 am. 11:32 a.m. 11:49 am. 11:54 a.m. 12:24 p.m. 12:40 p.m. 12:50 p.m, 1:27 p.m. 1:35 p.m. Subjects arrived in the vicinity of the above listed address. Subject remained in vehicle and his cousin walked in and out several different business. Subject’s cousin boarded the Penske truck and the two men departed the area. (Video) Mental Health & Rehabilitation Center-887 Poltero Ave. San Francisco, CA Subject and cousin arrived in vicinity of above listed address, remained in vehicle and appeared to talk with a unknown individual who stood outside the truck. (Video) Subject and cousin departed the area, and was not detected where the unknown individual departed to. Manila Eatery-45 Colma Blvd-Colma, CA $4014 Subject and cousin arrived at above listed address and entered indoors. (Video) Subject and cousin exited restaurant with bags of food boarded vehicle and departed the area, (Video) Mental Health & Rehabilitation Center-887 Poltero Ave. San Francisco, CA Subject and cousin returned to the above listed address and remained in truck as they ate lunch. (Video) Subject and cousin departed the area in route to their next destination and mobile surveillance was maintained. Private Residence-74 Kelloch Street, San Francisco, CA 94402 Subject and cousin arrived at the above listed address and entered indoors before discreet videotape could be obtained. Subject and cousin exited residence, boarded the Penske box truck license 4#8C37840 and departed the area before discreet videotape could be obtained. Subject was now wearing a blue jacket over his brown sweater. Ocean Pizza & Restaurant-1443 Ocean Drive, San Francisco, CA. Subject and his cousin arrived in the vicinity of the above listed address as they met with two men which arrived at the same time in a Toyota Camry license #4XNN918. (Video) 17 POQ001093:10 p.m. 3:26 p.m. 3:48 p.m. 4:36 p.m. 4:45 p.m. 5:00 p.m. 6:00 pm The four men sat at a table outside the restaurant, which was placed there by restaurant owner as the men arrived and conversed for the next approximate 90 minutes. Most of the conversation was Subject’s cousin (Fisher) and a man later identified to be “Terrell”. Subject did not engage with conversation (Video) Subject and cousin shook hands with men, departed the area on foot, walked to and boarded the Penske truck before they drove away, Mobile surveillance was maintained. “Hol N’ Jam Enterprises- 350 Industrial Way, Brisbane, CA. Subject and cousin arrived in vicinity of above listed address, exited vehicle, stood out front of building and conversed with a unidentified African American male as they did on previous day. Subject and cousin were observed while they loaded the Penske truck with the barrels and drums they unloaded on the previous day. Discreet videotape was unable to be obtained. Subject and cousin boarded the Penske truck and departed the area. (Video) Subject’s Residence-280 Parque Street, San Francisco, CA 94134 Subject exited truck and entered indoors as he cousin departed the area. (Video) Due to the lack of any further outside activity on the Subject’s behalf we elected to conclude our efforts for the day. Investigator returned to office. THURSDAY, FEBRUARY 6, 2014 5:30 a.m. 6:37 am. Investigator departed for assignment in San Francisco, CA. Subject’s Residence-280 Parque Street, San Francisco, CA 94134 Investigator arrived at the above listed address, which is a two-story residence with an attached one-car garage located in a middle to low- income residential neighborhood. The Subject’s black Honda license #5DMZA402 was not detected. However the Subject’s white Dodge pickup license #8W98879 was parked curbside near residence. There were no lights on inside the residence. Investigator established a discreet surveillance position. 18 P0001107:34am. 8:28 a.m. 9:28 a.m, 9:47 am. 10:15 am. 11:03 a.m. 11:14 a.m. 11:20 a.m. 11:43 am. 1:30 p.m. 2:30 pm vTO VTO VTO The Subject exited his residence, boarded his white Dodge pickup license #8W98879 and departed the area, Mobile surveillance was initiated. Kaiser Permanente-800 Block Trager Ave., San Bruno, CA 94066 Subject arrived in the vicinity of the above listed address and parked vehicle in a parking lot across the street. Subject exited vehicle, walked across the street out of view and into the building before discreet videotape could be obtained. Subject emerged from the building, walked to his truck, boarded the vehicle and departed the area. (Video) Subject was wearing a white long sleeve shirt, blue jeans and sneakers. Subject appeared to move about in apparent normal manner without displaying any signs of pain or discomfort. Safeway-30 Chestnut Avenue-San Francisco, CA 94080 Subject arrived at the above listed address, exited vehicle and entered indoors. (Video) Subject exited store with a small bag, boarded vehicle and departed area. (Video) Due to the heavy traffic and weather conditions, surveillance was no longer maintained. Investigator scanned the area for Subject and his vehicle, however despite his efforts neither Subject nor his vehicle were located, Subject’s Residence-280 Parque Street, San Francisco, CA 94134 Investigator returned to Subject’s residence and established a discreet surveillance position. Due to the unknown whereabouts on the Subject’s behalf we elected to discontinue our surveillance efforts for the day, Investigator returned to office. The above report was prepared by PI Jerel Diviesti 19 Ppooo1i1120 P000112February 5, 2014 The subject of our investigation is Robert Dentley: Date of Birth: August 8, 1964 Social Security #: 560-06-8839 Phone Number (415) 584-7492 Home Address: 280 Parque Street San Francisco, CA 94134 Summary On Feb 4" Subject was observed while he assisted Fisher unload empty barrels from the rented Penske truck near a “Hol N’ Jam Enterprises located at 350 Industrial Way, Brisbane, CA. However on of the barrels did appear to be full. Subject was also observed as he drove a white Dodge pickup license #8W98879, On Feb 5" Subject was again observed with Fisher as the two men drove in the Penske truck to “San Francisco Mental Health & Rehabilitation Center located at 887 Potrero Ave. San Francisco, CA and appeared to talk with a unknown individual who stood outside the track. Subject and Fisher remained in the vehicle the whole time before they drove away. After the two men retumed to Fisher’s residence they again departed and drove the Penske truck to “Ocean Pizza & Restaurant” located at 1443 Ocean Drive, San Francisco, CA. Subject and Fisher appeared to have a scheduled business meeting with two men. The four men sat outside the restaurant for about 90 minutes. The two unidentified men departed in a white Toyota Camry license #4XNN918. After the meeting, Subject and Fisher retrieved the empty barrels. Toyota is registered to Sofia Perivoliotis DVST Investigations (951) 265-9407 4300 Black Ave. Suite #16456 Pleasanton ,CA 94566 dvustinvestigations.com 2 1 P000113SIRAGUSA INVESTIGATIONS PO BOX 1353. NOVATO, CA 94948 CALIFORNIA LICENSED PRIVATE INVESTIGATOR 24660 415-897-5026 March 15, 2014 The subject of our investigation is : David Fisher Date of Birth: 02/06/1965 Social Security #: N/A Phone Number NIA Home Address: 74 Kelloch Street San Francisco, CA 94134 SURVEILLANCE REPORT DAVID FISHER 74 Kelloch Street San Francisco, CA $4134 MONDAY, FEBRUARY 10, 2014 5:30 a.m. 6:20 a.m. 6:24 am. 2:30 p.m. 3:30 p.m. Investigator departed for assignment in San Francisco, CA. As Investigator arrived near the Subject’s residence he detected the green grease truck license #8C95589 painted with a logo which stated “CAB” “California Alternative By Products 855-342-2500, 209-342-2500" CA, The truck was driven by the white male seen the previous week. The truck went to a unknown business before it then departed the area, alone Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402 Investigator arrived in the vicinity of the above listed address which is a two story brick apartment building located in a low-income residential neighborhood. The Subject’s red truck with large black container license #6105853 was parked curbside near the residence. Subject’s black BMW license #46UNR439 was not detected in the area. There was no visible activity, Investigator established a discreet surveillance position. Due to lack of outside activity we concluded out efforts for the day. Investigator retumed to office. 22 PoOO114TUESDAY, FEBRUARY 11, 2014 5:30 a.m. 6:31 a.m. 11:00 a.m. 2:30 p.m. 3:30 p.m. Investigator departed for assignment in San Francisco, CA. Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402 Investigator arrived in the vicinity of the above listed address which is a two story brick apartment building located in a low-income residential neighborhood. The Subject’s red truck with large black container license #6L05853 and black BMW license #6UNR439 were parked curbside near the residence. There was no visible activity. Investigator established a discreet surveillance position. Subject was observed as he exited his residence while he carried a folder, boarded his black BMW license #46UNR439 and departed the area, (Video). Subject was wearing a black baseball cap, a brown T-shirt, black windbreaker pants and black boots, Due to road construction which caused heavy traffic conditions mobile surveillance on Subject was no longer maintained. Investigator strategically scanned the area for Subject and his vehicle, despite his efforts the Subject nor his vehicle were located and Investigator returned to Subject’s residence. Due to the unknown whereabouts on the Subject’s behalf we concluded out efforts for the day. Investigator returned to office. WEDNESDAY, FEBRUARY 12, 2014 5:30 a.m. 6:28 a.m. Investigator departed for assignment in San Francisco, CA. Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402 Investigator arrived in the vicinity of the above listed address which is a two story brick apartment building located in a low-income residential neighborhood. The Subject’s red truck with large black container license #6105853 and black BMW license #6UNR439 were parked curbside near the residence. There was no visible activity. Investigator established a discreet surveillance position. 23 Pooo1158:20 a.m. 9:55 am. 10:15 a.m. 11:25 a.m. 1:00 p.m. 2:30 p.m. 3:30 pm. Subject exited residence boarded the red truck with large black container license #605853 and relocated vehicle to opposite side of street before he then boarded the black BMW license #6UNR439 and departed the area. Mobile surveillance was initiated. Subject was wearing a black baseball cap, dark blue work shirt, dark blue pants and black boots. Arco Gas Station-2701 Orchard Lane, Sacramento, CA 95833 Subject arrived at above listed address, exited vehicle and entered indoors. Shortly thereafter Subject boarded his vehicle and departed the area. (Video). CDFA-2800 Gateway Oaks Drive, Sacramento, CA 9583 Subject arrived in parking lot of above listed residence, exited vehicle with a folder and paperwork and entered indoors, (Video). Subject exited building, boarded his vehicle and departed the area, Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402 Subject returned to his residence and entered indoors. (Video). Due to the lack of any further outside activity we concluded our surveillance efforts for the day. Investigator retumed to office. THURSDAY, FEBRUARY 13, 2014 5:30 a.m. 6:25 am. 1:46 p.m. Investigator departed for assignment in San Francisco, CA. Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402 Investigator arrived in the vicinity of the above listed address which is a two story brick apartment building located in a low-income residential neighborhood. The Subject’s red truck with large black container license #6105853 and black BMW license #6UNR439 were parked curbside near the residence. There was no visible activity. Investigator established a discreet surveillance position. Subject was observed as he exited his residence while he carried a folder, boarded his black BMW license 46UNR439 and departed the area. (Video). 24 P0001161:50 p.m. 2:29 p.m. 4:07 p.m. 4:30 p.m. 5:30 p.m. Subject was wearing a black baseball cap, dark blue work shirt, dark blue pants and black boots. Clipper Mill-404 Talbert Street, San Francisco, CA 94402 Subject arrived in the vicinity of the above listed address and met with the white man who was seen earlier in the week driving the green grease truck license #8C95589 painted with a logo which stated “CAB” “California Alternative By Products 855-342-2500, 209-342-2500” CA. The truck appeared to have two 55 gallon drums on the rear which were labeled with Subject’s logo. The two men talked for few minutes before the Subject departed in his BMW and the white male followed in the grease truck. It was also determined that there was another unidentified large white male in the passenger seat of the grease truck. (Video), Unidentified Business-38" & Judah, San Francisco, CA 94112 Subject and grease truck arrived in vicinity of above listed address and appeared to talk on the phone before the men departed the area, No grease was obtained from this location. (Video). Due to the heavy rush hour traffic conditions mobile surveillance on Subject was no longer maintained. Investigator strategically scanned the area for the Subject and his vehicle, despite our efforts the Subject nor his vehicle were located and Investigator returned to Subject’s residence. Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402 Investigator returned to Subject’s residence and detected his black BMW license ¥46UNR439 parked curbside, however the red truck with large black container license #6L05853 and black BMW license #6UNR439 ‘was in the area. Due to the unknown whereabouts on Subject’s behalf we concluded our surveillance efforts for the day. Investigator retumed to office. FRIDAY, FEBRUARY 14, 2014 5:30 a.m. 6:29 a.m. Investigator departed for assignment in San Francisco, CA, Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402 Investigator arrived in the vicinity of the above listed address which is a two story brick apartment building located in a low-income residential neighborhood, The Subject’s red truck with large black container license #605853 and black BMW license #6UNR439 were parked curbside near 25 P0001179:32 a.m. 9:40 a.m, 9:59 a.m, 10:05 a.m. 10:29 a.m. 2:30 p.m. 3:30 pm. the residence. There was no visible activity. Investigator established a discreet surveillance position. Subject was observed as he exited his residence and washed his vehicle before he boarded the black BMW license #6UNR439 and departed the area, (Video), Subject was wearing a black baseball cap, dark blue work shirt, dark blue pants and black boots. Dentley’s Residence-280 Parque Street, San Francisco, CA 94134 Subject arrived in vicinity of his cousins residence and parked curbside, before Subject’s cousin exited residence and boarded the passenger seat of BMW and the two men departed the area. Bryant & 24" Street-San Francisco, CA 94110 Subject and cousin arrived in vicinity of above address and parked curbside before they departed the area on foot. (Video) St. Francis Fountain-2801 24" Street-San Francisco, CA 94110 Subject and cousin arrived at above address and entered indoors. Subject and cousin exited restaurant with bags of food and filled back seat with flowers they bought on the comer of street before they boarded vehicle and departed the area. Due to the heavy traffic conditions mobile surveillance on Subject was no longer maintained. Investigator strategically scanned the area for Subject and his vehicle, despite our efforts the Subject nor his vehicle were located and Investigator retuned to Subject’s residence Due to the unknown whereabouts on Subject’s behalf we concluded our surveillance efforts for the day. Investigator returned to office. MONDAY, FEBRUARY 17, 2014 5:30 a.m. 6:27 am. Investigator departed for assignment in San Francisco, CA. Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402 Investigator arrived in the vicinity of the above listed address which is a two story brick apartment building located in a low-income residential neighborhood, The Subject’s red truck with large black container license #6105853 and black BMW license #6UNR439 were parked curbside, 26 po001i81:30 p.m. 2:00 p.m. There was no visible activity. Investigator established a discreet surveillance position. Due to lack of outside activity we concluded out efforts for the day, Investigator retumed to office. UESDAY, FEBRUA 014 5:30 a.m. 6:31 am. 11:07 am. 1:11am, 2:30 p.m. 3:30 p.m. Investigator departed for assignment in San Francisco, CA. Subject’s Residence-74 Kelloch Street, San Francisco, CA 94402 Investigator arrived in the vicinity of the above listed address which is a two story brick apartment building located in a low-income residential neighborhood. The Subject’s red truck with large black container license #6105853 and black BMW license #6UNR439 were parked curbside, There was no visible activity. Investigator established a discreet surveillance position. Subject was observed as he exited his residence while he carried a folder, boarded his black BMW license #46UNR439 and departed the area. (Video). Subject was wearing a black baseball cap, dark blue work shirt, dark blue pants and black boots. Dentley’s Residence-280 Pa