Motion for Appearance and Examination in Marvin Scott vs. Jeffrey Whalen| Trellis.Law

On May 19, 2015 a Request,Application was filed involving a dispute between Scott, Marvin, and San Martin Milk Company, Whalen, Jeffrey Boyd, for 06 Unlimited - Breach of Contract/Warranty in the District Court of Fresno County.

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Jat-138, Eu-125
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT
USE ONLY
|. Lenden F. Webb 236377 |
WEBB LAW GROUP, APC
|
466 W. Fallbrook Ave., Suite 102
Fresno, CA 93711
E-FILED
|
TELEPHONENO: 559-431-4888 FAXNO. 599-821-4500
ATTORNEY FOR (Namey Marvin Scott 6/29/2017
‘SUPERIOR COURT OF CALIFORNIA, COUNTYOF Fresno FRESNO COUNTY SUPERIOR COURT
streeTaporess: 1130 O Street By: S. Lopez, Deputy
MAILING ADDRESS: 1130 O Street
cry ANDZIPCODE: Fresno, CA 93721
BRANCHNAME: Civil Limited
PLAINTIFF: Marvin Scott

DEFENDANT: Jeffery Boyd Whalen; et al
CASE NUMBER: |
APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION
[7] ENFORCEMENT OF JUDGMENT [__] ATTACHMENT (Third Person) 15CECG01601
Judgment Debtor [J Third Person
ORDER TO APPEAR FOR EXAMINATION
TO (name): San Martin Milk Company, INC., by and through its officer Jeffrey Boyd Whalen.
2. YOU ARE ORDERED TO APPEAR personally before this court, or before a referee appointed by the court, to
a. [7] fumish information to aid in enforcement of a money judgment against you. See "Exhibit A"
b. [_] answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the
judgment debtor.
c. [_] answer concerming property of the defendant in your possession or control or concerning a debt you owe the
defendant that is subject to attachment.
Date: September 29, 2017 Time: 8:30AM Dept. or Div.: 401 Rm.
Address of court _[¥] shown stove foal
cs
EEE
3. This order may be served by a Sif al. istered process server, or the following specially appointed per: 1):
B len.a

Date:6/29/2017 ee
SAMUEL JSSAEESANDRO'
re a JUDGE OR REFEREE
This order must be sefved not less than 10 days before the date set for the examination.
IMPORTANT NOTICES ON REVERSE
APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION
4, [WZ] Judgment creditor
applies for an order requiring Tamey
Co Assign
an Martin a Plaintiff wi
ompany, TRESS yyrightits t 8 NCEE
h order
tg appear and furnish information
to aid in enforcement of the money * Jeltey. Bo)yd Ww conceming property or debt.
5. The person to be examined is
a. [7] the judgment debtor.
b. L_] a third person (1) who has possession or control of property belonging to the judgment debtor or the defendant or (2) who
owes the judgment debtor or the defendant more than $250. An affidavit supporting this application under Code of Civ
Procedure section 491.110 or 708.120 is attached.
6. The person to be examined resides or has a place of business in this county or within 150 miles of the place of examination.
7. [J This court is not the court in which the money judgment is entered or (attachment only) the court that issued the writ of
attachment. An affidavit supporting an application under Code of Civil Procedure section 491:150 or 708.160 is attached.
8. [_] The judgment debtor has been examined within the past 120 days. An affidavit showing good cause for another examination
is attached.
| declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Sak Lib
Date: June 27, 2017

Lenden F. Webb
(TYPE OR PRINT NAME) (SIGNATURE OF DEOLARANT)
(Continued on reverse)
Form Adopted for Mandatory Use APPLICATION AND ORDER Code of Civil Prockdure,
Judicial Council of California 88 491.110, 708.110, 748.120
AT-138, EJ-125 (Rev. July 1, 2000) FOR APPEARANCE AND EXAMINATION
(Attachment—Enforcement of Judgment) www.CalCourtForms.com
CalCourtForms. Blank form (ca. jc.ej125) opened.

J12 [MyForms ] Data [ POF | Sena] Print|Reset] Update Save |

APPEARANCE OF JUDGMENT DEBTOR (ENFORCEMENT OF JUDGMENT)
NOTICE TO JUDGMENT DEBTOR if you fail to appear at the time and place specified in this order,
you may be subject to arrest and punishment for contempt of court, and the court may make an
order requiring you to pay the reasonable attorney fees incurred by the judgment creditor
c in this
proceeding.

APPEARANCE OF A THIRD PERSON
(ENFORCEMENT OF JUDGMENT)
(1) NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order,
you may be subject to arrest and punishment for contempt of court, and the court may make an
order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this
proceeding.

(2) NOTICE TO JUDGMENT DEBTOR The person in whose favor the judgment was entered in this
action claims that the person to be examined pursuant to this order has possession or control of
property which is yours or owes you a debt. This property or debt is as follows (Describe the
property or debt using typewritten capital letters):
All right, title and interest of Debtor in and to all real property, personal
property, machinery, apparatus, equipment, motor vehicles, material,
inventory, general intangibles, accounts receivable, customer lists,
documents, instruments, chattel paper, negotiable and other instruments,
securities, deposit accounts, contracts, trademarks, service marks, property)
subject to pending actions, final money judgments, monies in estates of
decedents, all cash and other proceeds of any voluntary or involuntary
disposition or claim respecting any thereof (pursuant to judgment,
condemnation award, or otherwise) (Whether now existing or after acquired)

if you claim that all or any portion of this property or debt is exempt from enforcement of the money
judgment, you must file your exemption claim in writing with the court and have a copy personally
served on the judgment creditor not later than three days before the date set for the examination.
You must appear at the time and place set for the examination to establish your claim of exemption
or your exemption may be waived.

APPEARANCE OF A THIRD PERSON (ATTACHMENT)
NOTICE TO PERSON SERVED [f you fail to appear at the time and place specified in this order,
you may be subject to arrest and punishment for contempt of court, and the court may make an
order requiring you to pay the reasonable attorney fees incurred by the plaintiff in this proceeding

APPEARANCE OF A CORPORATION, PARTNERSHIP |
ASSOCIATION, TRUST, OR OTHER ORGANIZATION
Itis your duty to designate one or more of the following to appear and be examined: officers,
directors, managing agents, or other persons who are familiar with your property and debts.

‘AT-138, EJ-125 [Rev. July 1, 2000] APPLICATION AND ORDER two
FOR APPEARANCE AND EXAMINATION
(Attachment—Enforcement of Judgment) www. catantie, com
EXHIBIT A
Lenden F. Webb (SBN 236377)
WEBB LAW GROUP, APC
466 W. Fallbrook Ave. Suite 102
Fresno, CA 93711
Telephone: (559) 431-4888
Facsimile: (559) 821-4500
Email: LWeb WBLawGroup.com

Attomey for Plaintiff, MARVIN SCOTT, an individual.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO

CIVIL UNLIMITED DIVISION
10

11 MARVIN SCOTT, an individual, ) Case No.: 15CECG01601

12
Plaintiff,
SUBPOENA DUCES TECUM FOR
<3.
BS 13, vs. PRODUCTION OF DOCUMENTS AT
Dea EXAMINATION OF SAN MARTIN MILK
os 14 JEFFREY BOYD WHALEN, an individual, COMPANY, INC. [CCP § 708.030]
Re dba WHALEN DAIRY; SAN MARTIN
Ox
BES 15 MILK COMPANY, INC; ‘
<2a6
af and Does 1 through 25, inclusive,
Bs 16 Date: September 29, 2017
Defendants. Time: 8:30 am
Fe 17 Dept: 401

18: ) 1
)
19 !

20, The examination of SAN MARTIN MILK COMPANY, INC. is scheduled to be
21 conducted on September 29, 2017 at 8:30 am in Department 401 of Fresno County Courthouse,
22, located at 1130 O Street, Fresno, CA 93711. Under the authority granted within the California
23. Code of Civil Procedure Section 708.030. Judgment Creditor Marvin Scott hereby demands that
24 SAN MARTIN MILK COMPANY, INC. produce the following DOCUMENTS, as defined

25. below, at the above-titled hearing: 1
26 “DOCUMENT” shall have the full meaning ascribed to that term under Section 2031 of
oT the Califomia Code of Civil Procedure and would apply to any “recording” or “writing” as
28: defined in California Evidence Code section 250. The term shall be defined to inclufe any non-

SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN
-1-
}

identical copies of original documents, and shall refer to all originals, copies, duplicates, and

drafts, or other recordings or any written, graphic, or otherwise recorded matters, however
produced or reproduced, whether inscribed by hand, or by mechanical, electronic, microfilm,
photographic, or phonic means, or by any other means, including without limitation: abstracts;

address books; agreements; analyses or evaluations of any kind; appointment books: appraisals;
bills; brochures; calendars; charts; cancelled checks; circulars; computations; computer cards;

computer tapes; computer print-outs; computer programs; consultants’ reports; contracts;
correspondence; digital media cards; E-mail; desk calendars; diagrams; diaries; directories;

expense account records; all files; financial, bookkeeping and accounting records of all kinds;
10 inter-office or intra-office communication; invoices; job descriptions or assignments; journals;
IL ledgers; letters; lists; manuals; memoranda of any kind; microfilms; minutes or records of any

12 kind; notes; notebooks; opinions; organizational charts; tables and lists; pamphlets; papers;
13. photographs; videotapes; publications; purchase orders; procedural and operational manuals;
14 receipts; records; recordings of any kind; reports of any kind; subcontracts; summaries;

1s tabulations; tallies; tapes; telegrams; teletype messages; and vouchers.
16 DOCUMENTS reflecting or relating to the following are hereby demanded to be produced at
1
17 the above titled hearing:
18 (1) Payroll receipts, stubs, and other records concerning employment or source of income
19 for SAN MARTIN MILK COMPANY, INC.
20: (2) Receipts, invoices, documents, and other papers or records concerning any and all
21 accounts receivable or contracts involving consideration payable at any future date to
22, SAN MARTIN MILK COMPANY, INC.
23. (3) Bank account statements, canceled checks, and check registers from any and all bank
24 accounts in which SAN MARTIN MILK COMPANY, INC. has an interest. |
25: (4) Cash under the control of SAN MARTIN MILK COMPANY, INC.
1
26 (5) Savings account passbooks and statements, savings and loan account passbooks and
27 statements, documents reflecting securities and credit union share account passbooks
28 and statements of SAN MARTIN MILK COMPANY, INC.

SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN
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(6) Stock certificates, bonds, money market certificates, and any other records, | documents,
or papers concerning all investments of SAN MARTIN MILK COMPANY, INC.
(7) California registration certificates and ownership certificates for all vehicles, machinery,
registered to SAN MARTIN MILK COMPANY, INC.

(8) Deeds to any and all property owned or being purchased by SAN MARTIN MILK

COMPANY, INC.

(9) Inventory, Financial Instruments, Chattel Paper, Negotiable and other instriments, Or
similar:

(10) Trademarks and Service Marks held by SAN MARTIN MILK. COMPANY >
t
10 INC.

i (11) Final money judgments held by SAN MARTIN MILK COMPANY, INC.

12 (12) SAN MARTIN MILK COMPANY, INC.’s interests in the Estate of any
13: Decedent.
14 (13) Any Federal Employer Identification Number held by SAN MARTIN MILK
15 COMPANY, INC.
16 (14) Any State Employer Identification Number held by SAN MARTIN MILK
i
17 COMPANY, INC.
18: (15) Deed or documents of any nature relating to the transfer of any interest in real

19 property to SAN MARTIN MILK COMPANY, INC., in the year proceeding the
20. examination date.
aL (16) Deed or documents of any nature relating to real property in which SAN
i
MARTIN MILK COMPANY, INC. has an interest.
23. ay Current policies of insurance coverage for business, officers, employees, family

24 members, personal property, life, vehicle or business and any other insurance policy in
25. which SAN MARTIN MILK COMPANY, INC. has an interest.

26 (18) Appraisals of any property owned by SAN MARTIN MILK. COMPANY. , INC.
27

28:

SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN
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(19) Contracts, leases and agreements between SAN MARTIN MILK COMPANY. >

INC. and any person or entity, including but not limited to investment contacts and
limited partnership agreements. i
|
(20) Copy of the summons and complaint of all lawsuits in which SAN MARTIN
MILK COMPANY, INC. is a party. 1

(21) List of all assets with a value of $50.00 or more held by SAN MARTIN MILK
COMPANY, INC. 1
1
(22) Collections of any kind, including but not limited to, stamp collections, coin

ollections, precious and semi-precious stones, currency, wine and book collections, art
|
10 collections held by SAN MARTIN MILK COMPANY, INC. {
4
IL @3) Licenses or permits from any governmental agency held by SAN MARTIN
12 MILK COMPANY, INC.
13, 24) Registration certificates of trade names, trademarks, copyrights or patents held
14 by SAN MARTIN MILK COMPANY, INC.
15 (25) Copies of judgments against SAN MARTIN MILK COMPANY, INC.

16 (26) Copies of judgments in favor of SAN MARTIN MILK COMPANY, : INC.
17 @7) Stock certificates and corporate and governmental securities of any nature held
18 by SAN MARTIN MILK COMPANY, INC.
19 (28) Bonds of any nature whatsoever held by SAN MARTIN MILK. COMPANY >
|
20, INC. 1
a1 (29) Options, whether sales or other held by SAN MARTIN MILK. COMPANY. 5
22, INC.
23. (30) Securities and warrants held by SAN MARTIN MILK COMPANY, INC.
24 G1) All ownership certificates, including but not limited to, all vehicle ownership
25 certificates and any other property registrations held by SAN MARTIN MILK
26 COMPANY, INC.
27

SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN
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(32) Copies of Promissory Notes or other documents evidencing any loans made by
SAN MARTIN MILK COMPANY, INC., in the last three (3) years Preveding the date

of the examination. |
(33) Any and all documents, whether business or otherwise, which evidence an

ownership interest in any partnership, corporation, joint venture of sole proprietorship
held by SAN MARTIN MILK COMPANY, INC, I

(34) All safe deposit box keys and any other storage facility keys held by SAN
MARTIN MILK COMPANY, INC.

G5) Credit cards in the name of SAN MARTIN MILK COMPANY, INC

10 (36) All keys to anything SAN MARTIN MILK COMPANY, INC. owns, possesses

11 or has control of.

12. (G7) Savings passbooks and certificates of deposit held by SAN MARTIN MILK
13; COMPANY, INC.

14 G8) Membership cards for any club, union, or organization of which SAN MARTIN
15 MILK COMPANY, INC. is a member.

16 9) Copies of claims against estates of decedents, bankruptcies, escrows, and any

17 other claim whatsoever held by SAN MARTIN MILK COMPANY, INC,

18 (40) All of the following from the past six (6) months from the date of examination
19 held by SAN MARTIN MILK COMPANY, INC.: 1
|
20. a. Bills of Landing 1
I
aL b Lists of inventories
22 Cc. Ledgers of accounts receivable and payable
23. Union vacation account records

24 Check registers and check stubs

25 Statements of retirement benefits and profit sharing
26 Canceled checks and payroll stubs
27 Checking account statements of account
28 Credit card statements, credit card charge slips

:i
SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN
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Dividend checks
Airline, cruise and lottery tickets

Telephone bills

41) Trust accounts and documents, whether inter vivos or testamentary,|in which

SAN MARTIN MILK COMPANY, INC. is the trustor, trustee or beneficiary.

(42) Account statements for any kind of account whatsoever, including bat not

limited to, accounts with brokerage houses or any financial institutions.

(43) Copies of any and all business financial statements prepared by or for SAN
MARTIN MILK COMPANY, INC. within two (2) years prior to the date of
10 examination, ‘

IL (44) All 1099 statements regarding SAN MARTIN MILK COMPANY, Inc for the

12, two (2) years prior to filing the examination
13, 45) Last two (2) state and federal tax returns filed on behalf of SAN MARTIN MILK
14 COMPANY, INC. ‘
15 (46) Personal identification, to include Drivers’ License and Social Security card for
16 SAN MARTIN MILK COMPANY, INC. t

17 (47) A copy of DMV Registration for any vehicle owned by SAN MARTIN MILK

18 COMPANY, INC., leased by SAN MARTIN MILK COMPANY, INC., driven by SAN
19 MARTIN MILK COMPANY, INC., or in which SAN MARTIN MILK COMPANY,
20. INC. has an interest. :

2 (48) A complete inventory of all items of your personal property the original value
22 which exceeds $250.00 which belong to SAN MARTIN MILK. COMPANY, , INC., or in

23. which SAN MARTIN MILK COMPANY, INC. has an interest of any nature

24 whatsoever, including, but not limited to, household fixtures, furnishings, appliances,

25. jewelry, recreational equipment, tools, sound or visual media, all computers ‘and

26 computer-related equipment.
|1
27 (49) All titles, bills of sale, lease agreements, or contracts of sale upon personal
28: property, including, but not limited to, automobiles and other vehicles; boats; household
|I
1
|
SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN
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goods; miscellaneous furniture and fixtures, belonging to SAN MARTIN MILK
COMPANY, INC. or in which SAN MARTIN MILK COMPANY, INC. has or has had
|
any interest whatsoever, either alone or with any other person(s) or entities for four (4)
years immediately preceding the date of examination. {

(50) A full copy of all lease and rental agreements that you have with any landowner,
manager, or other person, to include the amount of all deposits and last month's Tent,

61) A copy of all bank statements, canceled checks and checkbooks and check book
registers for checking accounts belonging to SAN MARTIN MILK COMPANY, INC.,
or in which SAN MARTIN MILK COMPANY, INC. has any interest, whatsoever,
10 either alone or jointly with any other person(s) or entities for two (2) years preceding the
MW date of the hearing.

12 (52) All savings deposit books or other statements for any savings accounts in any
13, bank, savings and loan association, credit union, or other similar institution, which

14 belong to SAN MARTIN MILK COMPANY, INC. or in which SAN MARTIN MILK.
15 COMPANY, INC. has any interest either alone or jointly with any other person, entity
16 or entities, for the four (4) years immediately preceding the date of the examination.

17 (53) A listing of all monies from an estate or inheritance received by SAN MARTIN
18 MILK COMPANY, INC. as beneficiary for four years preceding the date of the hearing.
19 (54) Location of any and all safe deposit boxes, wherever situated, whether privately

20 maintained or in any bank or savings and loan, credit union, or similar association,

21 belonging to SAN MARTIN MILK COMPANY, INC. or in which SAN MARTIN
22, MILK COMPANY, INC. has any interest whatsoever, either alone or jointly with any

23. other person, entity, for the four (4) years immediately preceding the date of the
i
24 examination.

25. 65) All evidence and all certificates of stocks, bonds, securities and annuities

26 belonging to SAN MARTIN MILK COMPANY, INC. or in which SAN MARTIN
27 MILK COMPANY, INC. has had any interest whatsoever either alone or jointly with

28 any other person, entity or entities, for the four (4) years immediately preceding the date
1
1

|
SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN
7.
of the above hearing.
|1
i

(56) All fire, burglary, and extended coverage or similar insurance policies now in.
force upon any real estate or personal property (including copies of insurance
inventories) owned by SAN MARTIN MILK COMPANY, INC. or in which SAN

MARTIN MILK COMPANY, INC. has or had any interest whatsoever, either alone or

jointly with any other person, entity, or entities, for the four (4) years immediately
preceding the date of the examination. |1

(57) All titles, deeds, or contracts of sale upon real property and mobile/manufactured
homes wherever situated, owned by SAN MARTIN MILK COMPANY, INC. (in whole

10 or in part) purchased or being purchased, or sole, and which SAN MARTIN MILK.
lL COMPANY, INC. now owns or has had any interest in whatsoever, whether alone or

12: jointly with any other person, entity or entities, for the four (4) years immediately

13; preceding the date of the examination.

14 (58) All property assessment notices issued to SAN MARTIN MILK COMPANY,

1s INC. within the four (4) years immediately preceding the date of the examination.

16 659) Inventory of all personal property with original value in excess of $250.00,

17 which belongs or belonged to SAN MARTIN MILK COMPANY, INC. or was in SAN
18 MARTIN MILK COMPANY, INC.’s possession or under SAN MARTIN MILK

19 COMPANY, INC.’s possession or control in the last year preceding the date of the
1
20. hearing.

21 (60) Any other documents evidencing any loans, leases, business transactions,

22 security interests, or property holdings to which SAN MARTIN MILK. COMPANY >

23. INC. is a party. 1
24 (61) All fire, burglary, and extended coverage or similar insurance policiés now in.
25: force upon any real estate or personal property (including copies of insurance

26 inventories) owned by SAN MARTIN MILK COMPANY, INC. or in which SAN

2T MARTIN MILK COMPANY, INC. has or had any interest whatsoever, either alone or

28: jointly with any other person, entity, or entities, for the four (4) years immediately
|
'
IL
SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN
-8-
'
{
preceding the date of this examination.

(62) All titles, deeds, or contracts of sale upon real property and mobile/manufactred
homes wherever situated, owned by SAN MARTIN MILK COMPANY, INC. (in whole
or in part) purchased or being purchased, or sole, and which SAN MARTIN MILK
COMPANY, INC. now owns or has had any interest in whatsoever, whether alone or

jointly with any other person, entity or entities, for the four (4) years immediately
‘
preceding the date of the examination. I

(63) All property assessment notices issued to SAN MARTIN MILK. COMPANY 5
INC, within the four (4) years immediately preceding the date of the examination.

10. (64) Inventory of all personal property with original value in excess of $250.00,

i which belongs or belonged to SAN MARTIN MILK COMPANY, INC. or was in SAN
12. MARTIN MILK COMPANY, INC.’s possession or under SAN MARTIN MILK

13, COMPANY, INC.’s possession or control in the last year preceding the date of the

14 hearing.
|
15 (65) Documents evidencing any loans, leases, business transactions, security interests,

16 or property holdings to which SAN MARTIN MILK COMPANY, INC. is 4 party.

17
1
18: In addition to the items listed above, the following are also subpoenaed to the examination: All
19 other records, documents, and writings maintained by or in the possession of SAN MARTIN
20: MILK COMPANY, INC. which relate to the financial affairs of SAN MARTIN MILK

21 COMPANY, INC. and/or to the disbursement of funds and receipt of funds by SAN MARTIN

22, MILK COMPANY, INC. for the six months preceding the date of the examination. ,

23. Further, all other records, documents, and writings maintained by or in the possession of

24 SAN MARTIN MILK COMPANY, INC. which relate to the financial affairs of SAN MARTIN

25: MILK COMPANY, INC. and/or to the disbursement of funds and receipt of funds by SAN
26 MARTIN MILK COMPANY, INC. for the six (6) months preceding the date of the

27 examination.

28
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|i
i
SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN
-9-
Dated: June 9, 2017 WEBB LAW GROUP, APC

wate be
LENDEN F. WEBB
Attorney for Plaintiff MARVIN SCOTT

12.

13:

20:

22,

25:

SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN
-10-

Case Info

Judge

Dalesandro, Samuel Track Judge’s New Case

Case No.

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Document Filed Date

June 29, 2017

Case Filing Date

May 19, 2015

County

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Request,Application: Marvin Scott vs. Jeffrey Whalen

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Case Info

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