Preview
AT-138, EJ-125
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state
bar number, and address}: ‘FOR COURT
USE ONLY
| Lenden F. 236377
| WEBB LAW GROUP, APC
466 W. Fallbrook Ave., Suite 102
Fresno, CA 93711 E-FILED
‘TELEPHONE NO. 559-431-4888 raxwo: 559-821-4500
ATTORNEY
FOR (Namep Marvin Scott 4/4/2017
NAMEOF COURT, FLESHO County Court
‘STREET ADDRESS: 1130 O Street FRESNO GOUNTY SUPEROR GOURT
MAILING ADDRESS: 1130 0 Street
CITY AND ZIP CODE: Fresno, CA 93721
BRANCH NAME: Civil Limited
PLAINTIFF: Marvin Scott
DEFENDANT: Jeffrey Boyd Whalen; et. al.
‘CASE NUMBER:
APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION
15CECG01601
ENFORCEMENT OF JUDGMENT [__] ATTACHMENT (Third Person)
Judgment Debtor (J third Person
Jeffrey Boyd wha PRbER TO APPEAR FOR EXAMINATION
1. TO (name):
2. YOU ARE ORDERED TO APPEAR personally before this court, or before a referee appointed by the court, to
a furnish 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 conceming a debt you owe the
judgment debtor.
c. [1] answer concerning property of the defendant in your possession or control or concerning a debt you owe the defendant
thetis subject to attachment.
Date: 4Y 26, 2017 Bis0a.m. 40L
Time: Dept. or Div.
Address of court _[¥] shown above [_] is
qunt OFe
3. This order may be served by a sheriff, marshal, Son server, or ‘allo wing specia} Sp bd person (name):
cf
4/4/2017 2ac At Aad
Date: See
WuOGE UR REFEREE
This order must be served not Ways before the date set for the examination.
IMPORTAN NOTICES ON REVERSE
APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION
4 Judgment creditor [7] Assignee of record [© Piaintitf who has a right to attach order
applies for an order requiring (name): Jeffrey Boyd Whalen to appear and fumish information
to aid in enforcement of the money judgment or to answer concerning property ordebt. (See "Exhibit A")
5. me person to be examined is
the judgment debtor.
» [1] 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 Civil
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.
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 petery under the laws of the State of California that the foregoing i is true and correct.
) Aarlc Ge
Date; April 2
Lenden F. Webb
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
(Continued on reverse)
‘Form Adopted for Mandatory Use APPLICATION AND ORDER Procedure,
ludicil Counc of Califomia {§§ 491-110, 708.110, 708.120
AT-138, EJ-125 [Rev. July1, 2000] FOR APPEARANCE AND EXAMINATION www,CalCourtForms.com
(Attachment—Enforcement of Judgment)
ce
APPEARANCE OF JUDGMENT DEBTOR (ENFORCEMENT OF JUDGMENT)
NOTICE TO JUDGMENT DEBTOR [ff 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.
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.
LY
APPEARANCE OF A THIRD PERSON (ATTACHMENT)
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 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 [Rav. July 1, 2000] APPLICATION AND ORDER Page wo
FOR APPEARANCE AND EXAMINATION www.CalCourtForms.com
(Attachment—Enforcement of Judgment)
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: LWebb@WBLawGroup.com
Attorney 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,
vs SUBPOENA DUCES TECUM FOR
ae
<3s 13:
vs. PRODUCTION OF DOCUMENTS AT
ge EXAMINATION OF JEFFREY BOYD
Obs 14 JEFFREY BOYD WHALEN, an individual, WHALEN [CCP § 708.030]
4 dba WHALEN DAIRY; SAN MARTIN
Ba
15: MILK COMPANY, INC;
ae
gg and Does | through 25, inclusive,
Date: May 26, 2017
}
Mee 16
aoe
Time: 8:30 am
2g 17
Defendants. Dept: 401
18 2
a )
19
20, The examination of Jeffrey Boyd Whalen is scheduled to be conducted on May 23, 2017
21 at 8:30 am in Department 401 of Fresno County Courthouse, located at 1130 O Street, Fresno,
22 CA 93711. Under the authority granted within the California Code of Civil Procedure Section
23: 708.030. Judgment Creditor Marvin Scott hereby demands that JEFFREY BOYD WHALEN
produce the following DOCUMENTS, as defined below, at the above-titled hearing:
25: “DOCUMENT” shall have the full meaning ascribed to that term under Section 2031 of
26 the California Code of Civil Procedure and would apply to any “recording” or “writing” as
27 defined in California Evidence Code section 250, The term shall be defined to include any non-
28 identical copies of original documents, and shall refer to all originals, copies, duplicates, and
SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN
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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;
inter-office or intra-office communication; invoices; job descriptions or assignments; journals;
10: ledgers; letters; lists; manuals; memoranda of any kind; microfilms; minutes or records of any
IL. kind; notes; notebooks; opinions; organizational charts; tables and lists; pamphlets; papers;
12. photographs; videotapes; publications; purchase orders; procedural and operational manuals;
13 receipts; records; recordings of any kind; reports of any kind; subcontracts; summaries;
14 tabulations; tallies; tapes; telegrams; teletype messages; and vouchers.
15: DOCUMENTS reflecting or relating to the following are hereby demanded to be produced at
16 the above titled hearing:
1T (1) Payroll receipts, stubs, and other records concerning employment or source of income
18 for JEFFREY BOYD WHALEN.
19. (2) Receipts, invoices, documents, and other papers or records concerning any and all
20 accounts receivable or contracts involving consideration payable at any future date to
21 JEFFREY BOYD WHALEN.
22. (3) Bank account statements, canceled checks, and check registers from any and all bank
23: accounts in which JEFFREY BOYD WHALEN has an interest.
24: (4) Cash under the control of JEFFREY BOYD WHALEN.
25: (5) Savings account passbooks and statements, savings and loan account passbooks and
26 statements, documents reflecting securities and credit union share account passbooks
and statements of JEFFREY BOYD WHALEN.
28
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 JEFFREY BOYD WHALEN.
(7) California registration certificates and ownership certificates for all vehicles, machinery,
registered to JEFFREY BOYD WHALEN.
(8) Deeds to any and all property owned or being purchased by JEFFREY BOYD
WHALEN.
(9) Inventory, Financial Instruments, Chattel Paper, Negotiable and other instruments, Or
similar:
(10) Trademarks and Service Marks held by JEFFREY BOYD WHALEN.
10: ay Final money judgments held by JEFFREY BOYD WHALEN.
I (12) JEFFREY BOYD WHALEN’ interests in the Estate of any Decedent.
12: (13) Any Federal Employer Identification Number held by JEFFREY BOYD
13: WHALEN.
14 (14) Any State Employer Identification Number held by JEFFREY BOYD
15: WHALEN.
16 (15) Deed or documents of any nature relating to the transfer of any interest in real
17 property to JEFFREY BOYD WHALEN, in the year proceeding the examination date.
18 (16) Deed or documents of any nature relating to real property in which JEFFREY
19. BOYD WHALEN has an interest.
(17) Current policies of insurance coverage for business, officers, employees, family
21. members, personal property, life, vehicle or business and any other insurance policy in
22 which JEFFREY BOYD WHALEN has an interest.
(18) Appraisals of any property owned by JEFFREY BOYD WHALEN.
(19) Contracts, leases and agreements between JEFFREY BOYD WHALEN and any
25: person or entity, including but not limited to investment contracts and limited
26, partnership agreements.
27 (20) Copy of the summons and complaint of all lawsuits in which JEFFREY BOYD
28 WHALEN isa party.
SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN
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1) List of all assets with a value of $50.00 or more held by JEFFREY BOYD
WHALEN.
(22) Collections of any kind, including but not limited to, stamp collections, coin
collections, precious and semi-precious stones, currency, wine and book collections, art
collections held by JEFFREY BOYD WHALEN.
(23) Licenses or permits from any governmental agency held by JEFFREY BOYD
WHALEN.
24) Registration certificates of trade names, trademarks, copyrights or patents held
by JEFFREY BOYD WHALEN.
10: 25) Copies of judgments against JEFFREY BOYD WHALEN.
U. (26) Copies of judgments in favor of JEFFREY BOYD WHALEN.
12, 27) Stock certificates and corporate and governmental securities of any nature held
13 by JEFFREY BOYD WHALEN.
14 28) Bonds of any nature whatsoever held by JEFFREY BOYD WHALEN.
15: (29) Options, whether sales or other held by JEFFREY BOYD WHALEN.
16 (30) Securities and warrants held by JEFFREY BOYD WHALEN.
17 GB) All ownership certificates, including but not limited to, all vehicle ownership
18: certificates and any other property registrations held by JIFFREY BOYD WHALEN.
19. (32) Copies of Promissory Notes or other documents evidencing any loans made by
20, JEFFREY BOYD WHALEN, in the last three (3) years preceding the date of the
21 examination.
(33) Any and all documents, whether business or otherwise, which evidence an
23: ownership interest in any partnership, corporation, joint venture of sole proprietorship
held by JEFFREY BOYD WHALEN.
25: (34) All safe deposit box keys and any other storage facility keys held by JEFFREY
26 BOYD WHALEN.
27 G35) Credit cards in the name of JEFFREY BOYD WHALEN.
SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN
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(36) | All keys to anything JEFFREY BOYD WHALEN owns, possesses or has control
of.
(G7) Savings passbooks and certificates of deposit held by JEFFREY BOYD
WHALEN.
(38) Membership cards for any club, union, or organization of which JEFFREY
BOYD WHALEN is a member.
(39) Copies of claims against estates of decedents, bankruptcies, escrows, and any
other claim whatsoever held by JEFFREY BOYD WHALEN.
(40) All of the following from the past six (6) months from the date of examination
10; held by JEFFREY BOYD WHALEN:
LL a Bills of Landing
12 b Lists of inventories
13: Ledgers of accounts receivable and payable
14 Union vacation account records
15: Check registers and check stubs
16 Statements of retirement benefits and profit sharing
17 Canceled checks and payroll stubs
18 Checking account statements of account
19. Credit card statements, credit card charge slips
20 Dividend checks
21. Airline, cruise and lottery tickets
Telephone bills
23: @) Trust accounts and documents, whether inter vivos or testamentary, in which
JEFFREY BOYD WHALEN is the trustor, trustee or beneficiary.
25: (42) Account statements for any kind of account whatsoever, including but not
26 limited to, accounts with brokerage houses or any financial institutions.
27 (43) Copies of any and all business financial statements prepared by or for JEFFREY
28 BOYD WHALEN within two (2) years prior to the date of examination.
SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN
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44) All 1099 statements regarding JEFFREY BOYD WHALEN for the two (2) years
prior to filing the examination
(45) Last two (2) state and federal tax returns filed on behalf of EFFREY BOYD
WHALEN.
46) Personal identification, to include Drivers’ License and Social Security card for
JEFFREY BOYD WHALEN.
47) A copy of DMV Registration for any vehicle owned by JEFFREY BOYD
WHALEN, leased by JEFFREY BOYD WHALEN, driven by JEFFREY BOYD
WHALEN, or in which JEFFREY BOYD WHALEN has an interest.
10: (48) A complete inventory of all items of your personal property the original value
I which exceeds $250.00 which belong to JEFFREY BOYD WHALEN, or in which
12 JEFFREY BOYD WHALEN has an interest of any nature whatsoever, including, but
13: not limited to, household fixtures, furnishings, appliances, jewelry, recreational
14 equipment, tools, sound or visual media, all computers and computer-related equipment.
IS: (49) All titles, bills of sale, lease agreements, or contracts of sale upon personal
16 property, including, but not limited to, automobiles and other vehicles; boats; household
17 goods; miscellaneous furniture and fixtures, belonging to JIFFREY BOYD WHALEN
18 or in which JEFFREY BOYD WHALEN has or has had any interest whatsoever, either
19. alone or with any other person(s) or entities for four (4) years immediately preceding the
date of examination.
21. 0) A full copy of all lease and rental agreements that you have with any landowner,
22 manager, or other person, to include the amount of all deposits and last months rent.
23: G6) A copy of all bank statements, canceled checks and checkbooks and check book
registers for checking accounts belonging to JEFFREY BOYD WHALEN, or in which
JEFFREY BOYD WHALEN has any interest, whatsoever, either alone or jointly with
26 any other person(s) or entities for two (2) years preceding the date of the hearing.
27 62) All savings deposit books or other statements for any savings accounts in any
28, bank, savings and loan association, credit union, or other similar institution, which
SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN
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belong to JEFFREY BOYD WHALEN or in which JEFFREY BOYD WHALEN has
any interest either alone or jointly with any other person, entity or entities, for the four
(4) years immediately preceding the date of the examination.
(53) A listing of all monies from an estate or inheritance received by JEFFREY
BOYD WHALEN as beneficiary for four years preceding the date of the hearing.
64) Location of any and all safe deposit boxes, wherever situated, whether privately
maintained or in any bank or savings and loan, credit union, or similar association,
belonging to JEFFREY BOYD WHALEN or in which JEFFREY BOYD WHALEN has
any interest whatsoever, either alone or jointly with any other person, entity, for the four
10 (4) years immediately preceding the date of the examination.
1 G5) All evidence and all certificates of stocks, bonds, securities and annuities
12: belonging to JEFFREY BOYD WHALEN or in which JEFFREY BOYD WHALEN has
13) had any interest whatsoever either alone or jointly with any other person, entity or
14 entities, for the four (4) years immediately preceding the date of the above hearing.
15: G6) All fire, burglary, and extended coverage or similar insurance policies now in
16 force upon any real estate or personal property (including copies of insurance
17 inventories) owned by JEFFREY BOYD WHALEN or in which JEFFREY BOYD
18, WHALEN has or had any interest whatsoever, either alone or jointly with any other
19. person, entity, or entities, for the four (4) years immediately preceding the date of the
20. examination.
21 67) All titles, deeds, or contracts of sale upon real property and mobile/manufactured
22 homes wherever situated, owned by JEFFREY BOYD WHALEN (in whole or in part)
purchased or being purchased, or sole, and which JEFFREY BOYD WHALEN 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
26 examination.
27 (58) All property assessment notices issued to JEFFREY BOYD WHALEN within
28 the four (4) years immediately preceding the date of the examination.
SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN
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69) Inventory of all personal property with original value in excess of $250.00,
which belongs or belonged to JEFFREY BOYD WHALEN or was in JEFFREY BOYD
WHALEN’ possession or under JEFFREY BOYD WHALEN’s possession or control
in the last year preceding the date of the hearing.
(60) Any other documents evidencing any loans, leases, business transactions,
security interests, or property holdings to which JEFFREY BOYD WHALEN is a party.
(61) 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 JEFFREY BOYD WHALEN or in which JEFFREY BOYD
10, WHALEN has or had any interest whatsoever, either alone or jointly with any other
11, person, entity, or entities, for the four (4) years immediately preceding the date of this
12: examination.
13: (62) All titles, deeds, or contracts of sale upon real property and mobile/manufactured
14 homes wherever situated, owned by JEFFREY BOYD WHALEN (in whole or in part)
15: purchased or being purchased, or sole, and which JEFFREY BOYD WHALEN now
16 owns or has had any interest in whatsoever, whether alone or jointly with any other
17 person, entity or entities, for the four (4) years immediately preceding the date of the
18 examination.
19. (63) All property assessment notices issued to JEFFREY BOYD WHALEN within
20. the four (4) years immediately preceding the date of the examination.
21 (64) Inventory of all personal property with original value in excess of $250.00,
22 which belongs or belonged to JEFFREY BOYD WHALEN or was in JEFFREY BOYD
23: WHALEN’s possession or under JEFFREY BOYD WHALEN’s possession or control
24, in the last year preceding the date of the hearing.
25: (65) Documents evidencing any loans, leases, business transactions, security interests,
26 or property holdings to which JEFFREY BOYD WHALEN isa party.
27
28 In addition to the items listed above, the following are also subpoenaed to the examination: All
SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN
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other records, documents, and writings maintained by or in the possession of JEFFREY BOYD
WHALEN which relate to the financial affairs of JEFFREY BOYD WHALEN and/or to the
disbursement of funds and receipt of funds by JEFFREY BOYD WHALEN for the six months
preceding the date of the examination.
Further, all other records, documents, and writings maintained by or in the possession of
JEFFREY BOYD WHALEN which relate to the financial affairs of JEFFREY BOYD
WHALEN and/or to the disbursement of funds and receipt of funds by JEFFREY BOYD
WHALEN for the six (6) months preceding the date of the examination.
10.
IL
Dated: April 2, 2017 WEBB LAW GROUP, APC
L
13;
14
ete LE
LENDEN F. WEBB
1S: Attorney for Plaintiff MARVIN SCOTT
16
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SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN
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Preview
AT-138, EJ-125 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address}: ‘FOR COURT USE ONLY | Lenden F. 236377 | WEBB LAW GROUP, APC 466 W. Fallbrook Ave., Suite 102 Fresno, CA 93711 E-FILED ‘TELEPHONE NO. 559-431-4888 raxwo: 559-821-4500 ATTORNEY FOR (Namep Marvin Scott 4/4/2017 NAMEOF COURT, FLESHO County Court ‘STREET ADDRESS: 1130 O Street FRESNO GOUNTY SUPEROR GOURT MAILING ADDRESS: 1130 0 Street CITY AND ZIP CODE: Fresno, CA 93721 BRANCH NAME: Civil Limited PLAINTIFF: Marvin Scott DEFENDANT: Jeffrey Boyd Whalen; et. al. ‘CASE NUMBER: APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION 15CECG01601 ENFORCEMENT OF JUDGMENT [__] ATTACHMENT (Third Person) Judgment Debtor (J third Person Jeffrey Boyd wha PRbER TO APPEAR FOR EXAMINATION 1. TO (name): 2. YOU ARE ORDERED TO APPEAR personally before this court, or before a referee appointed by the court, to a furnish 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 conceming a debt you owe the judgment debtor. c. [1] answer concerning property of the defendant in your possession or control or concerning a debt you owe the defendant thetis subject to attachment. Date: 4Y 26, 2017 Bis0a.m. 40L Time: Dept. or Div. Address of court _[¥] shown above [_] is qunt OFe 3. This order may be served by a sheriff, marshal, Son server, or ‘allo wing specia} Sp bd person (name): cf 4/4/2017 2ac At Aad Date: See WuOGE UR REFEREE This order must be served not Ways before the date set for the examination. IMPORTAN NOTICES ON REVERSE APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION 4 Judgment creditor [7] Assignee of record [© Piaintitf who has a right to attach order applies for an order requiring (name): Jeffrey Boyd Whalen to appear and fumish information to aid in enforcement of the money judgment or to answer concerning property ordebt. (See "Exhibit A") 5. me person to be examined is the judgment debtor. » [1] 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 Civil 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. 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 petery under the laws of the State of California that the foregoing i is true and correct. ) Aarlc Ge Date; April 2 Lenden F. Webb (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) (Continued on reverse) ‘Form Adopted for Mandatory Use APPLICATION AND ORDER Procedure, ludicil Counc of Califomia {§§ 491-110, 708.110, 708.120 AT-138, EJ-125 [Rev. July1, 2000] FOR APPEARANCE AND EXAMINATION www,CalCourtForms.com (Attachment—Enforcement of Judgment) ce APPEARANCE OF JUDGMENT DEBTOR (ENFORCEMENT OF JUDGMENT) NOTICE TO JUDGMENT DEBTOR [ff 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. 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. LY APPEARANCE OF A THIRD PERSON (ATTACHMENT) 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 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 [Rav. July 1, 2000] APPLICATION AND ORDER Page wo FOR APPEARANCE AND EXAMINATION www.CalCourtForms.com (Attachment—Enforcement of Judgment) 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: LWebb@WBLawGroup.com Attorney 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, vs SUBPOENA DUCES TECUM FOR ae <3s 13: vs. PRODUCTION OF DOCUMENTS AT ge EXAMINATION OF JEFFREY BOYD Obs 14 JEFFREY BOYD WHALEN, an individual, WHALEN [CCP § 708.030] 4 dba WHALEN DAIRY; SAN MARTIN Ba 15: MILK COMPANY, INC; ae gg and Does | through 25, inclusive, Date: May 26, 2017 } Mee 16 aoe Time: 8:30 am 2g 17 Defendants. Dept: 401 18 2 a ) 19 20, The examination of Jeffrey Boyd Whalen is scheduled to be conducted on May 23, 2017 21 at 8:30 am in Department 401 of Fresno County Courthouse, located at 1130 O Street, Fresno, 22 CA 93711. Under the authority granted within the California Code of Civil Procedure Section 23: 708.030. Judgment Creditor Marvin Scott hereby demands that JEFFREY BOYD WHALEN produce the following DOCUMENTS, as defined below, at the above-titled hearing: 25: “DOCUMENT” shall have the full meaning ascribed to that term under Section 2031 of 26 the California Code of Civil Procedure and would apply to any “recording” or “writing” as 27 defined in California Evidence Code section 250, The term shall be defined to include any non- 28 identical copies of original documents, and shall refer to all originals, copies, duplicates, and SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN -1- 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; inter-office or intra-office communication; invoices; job descriptions or assignments; journals; 10: ledgers; letters; lists; manuals; memoranda of any kind; microfilms; minutes or records of any IL. kind; notes; notebooks; opinions; organizational charts; tables and lists; pamphlets; papers; 12. photographs; videotapes; publications; purchase orders; procedural and operational manuals; 13 receipts; records; recordings of any kind; reports of any kind; subcontracts; summaries; 14 tabulations; tallies; tapes; telegrams; teletype messages; and vouchers. 15: DOCUMENTS reflecting or relating to the following are hereby demanded to be produced at 16 the above titled hearing: 1T (1) Payroll receipts, stubs, and other records concerning employment or source of income 18 for JEFFREY BOYD WHALEN. 19. (2) Receipts, invoices, documents, and other papers or records concerning any and all 20 accounts receivable or contracts involving consideration payable at any future date to 21 JEFFREY BOYD WHALEN. 22. (3) Bank account statements, canceled checks, and check registers from any and all bank 23: accounts in which JEFFREY BOYD WHALEN has an interest. 24: (4) Cash under the control of JEFFREY BOYD WHALEN. 25: (5) Savings account passbooks and statements, savings and loan account passbooks and 26 statements, documents reflecting securities and credit union share account passbooks and statements of JEFFREY BOYD WHALEN. 28 SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN -2- (6) Stock certificates, bonds, money market certificates, and any other records, documents, or papers concerning all investments of JEFFREY BOYD WHALEN. (7) California registration certificates and ownership certificates for all vehicles, machinery, registered to JEFFREY BOYD WHALEN. (8) Deeds to any and all property owned or being purchased by JEFFREY BOYD WHALEN. (9) Inventory, Financial Instruments, Chattel Paper, Negotiable and other instruments, Or similar: (10) Trademarks and Service Marks held by JEFFREY BOYD WHALEN. 10: ay Final money judgments held by JEFFREY BOYD WHALEN. I (12) JEFFREY BOYD WHALEN’ interests in the Estate of any Decedent. 12: (13) Any Federal Employer Identification Number held by JEFFREY BOYD 13: WHALEN. 14 (14) Any State Employer Identification Number held by JEFFREY BOYD 15: WHALEN. 16 (15) Deed or documents of any nature relating to the transfer of any interest in real 17 property to JEFFREY BOYD WHALEN, in the year proceeding the examination date. 18 (16) Deed or documents of any nature relating to real property in which JEFFREY 19. BOYD WHALEN has an interest. (17) Current policies of insurance coverage for business, officers, employees, family 21. members, personal property, life, vehicle or business and any other insurance policy in 22 which JEFFREY BOYD WHALEN has an interest. (18) Appraisals of any property owned by JEFFREY BOYD WHALEN. (19) Contracts, leases and agreements between JEFFREY BOYD WHALEN and any 25: person or entity, including but not limited to investment contracts and limited 26, partnership agreements. 27 (20) Copy of the summons and complaint of all lawsuits in which JEFFREY BOYD 28 WHALEN isa party. SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN -3- 1) List of all assets with a value of $50.00 or more held by JEFFREY BOYD WHALEN. (22) Collections of any kind, including but not limited to, stamp collections, coin collections, precious and semi-precious stones, currency, wine and book collections, art collections held by JEFFREY BOYD WHALEN. (23) Licenses or permits from any governmental agency held by JEFFREY BOYD WHALEN. 24) Registration certificates of trade names, trademarks, copyrights or patents held by JEFFREY BOYD WHALEN. 10: 25) Copies of judgments against JEFFREY BOYD WHALEN. U. (26) Copies of judgments in favor of JEFFREY BOYD WHALEN. 12, 27) Stock certificates and corporate and governmental securities of any nature held 13 by JEFFREY BOYD WHALEN. 14 28) Bonds of any nature whatsoever held by JEFFREY BOYD WHALEN. 15: (29) Options, whether sales or other held by JEFFREY BOYD WHALEN. 16 (30) Securities and warrants held by JEFFREY BOYD WHALEN. 17 GB) All ownership certificates, including but not limited to, all vehicle ownership 18: certificates and any other property registrations held by JIFFREY BOYD WHALEN. 19. (32) Copies of Promissory Notes or other documents evidencing any loans made by 20, JEFFREY BOYD WHALEN, in the last three (3) years preceding the date of the 21 examination. (33) Any and all documents, whether business or otherwise, which evidence an 23: ownership interest in any partnership, corporation, joint venture of sole proprietorship held by JEFFREY BOYD WHALEN. 25: (34) All safe deposit box keys and any other storage facility keys held by JEFFREY 26 BOYD WHALEN. 27 G35) Credit cards in the name of JEFFREY BOYD WHALEN. SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN -4- (36) | All keys to anything JEFFREY BOYD WHALEN owns, possesses or has control of. (G7) Savings passbooks and certificates of deposit held by JEFFREY BOYD WHALEN. (38) Membership cards for any club, union, or organization of which JEFFREY BOYD WHALEN is a member. (39) Copies of claims against estates of decedents, bankruptcies, escrows, and any other claim whatsoever held by JEFFREY BOYD WHALEN. (40) All of the following from the past six (6) months from the date of examination 10; held by JEFFREY BOYD WHALEN: LL a Bills of Landing 12 b Lists of inventories 13: Ledgers of accounts receivable and payable 14 Union vacation account records 15: Check registers and check stubs 16 Statements of retirement benefits and profit sharing 17 Canceled checks and payroll stubs 18 Checking account statements of account 19. Credit card statements, credit card charge slips 20 Dividend checks 21. Airline, cruise and lottery tickets Telephone bills 23: @) Trust accounts and documents, whether inter vivos or testamentary, in which JEFFREY BOYD WHALEN is the trustor, trustee or beneficiary. 25: (42) Account statements for any kind of account whatsoever, including but not 26 limited to, accounts with brokerage houses or any financial institutions. 27 (43) Copies of any and all business financial statements prepared by or for JEFFREY 28 BOYD WHALEN within two (2) years prior to the date of examination. SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN -5- 44) All 1099 statements regarding JEFFREY BOYD WHALEN for the two (2) years prior to filing the examination (45) Last two (2) state and federal tax returns filed on behalf of EFFREY BOYD WHALEN. 46) Personal identification, to include Drivers’ License and Social Security card for JEFFREY BOYD WHALEN. 47) A copy of DMV Registration for any vehicle owned by JEFFREY BOYD WHALEN, leased by JEFFREY BOYD WHALEN, driven by JEFFREY BOYD WHALEN, or in which JEFFREY BOYD WHALEN has an interest. 10: (48) A complete inventory of all items of your personal property the original value I which exceeds $250.00 which belong to JEFFREY BOYD WHALEN, or in which 12 JEFFREY BOYD WHALEN has an interest of any nature whatsoever, including, but 13: not limited to, household fixtures, furnishings, appliances, jewelry, recreational 14 equipment, tools, sound or visual media, all computers and computer-related equipment. IS: (49) All titles, bills of sale, lease agreements, or contracts of sale upon personal 16 property, including, but not limited to, automobiles and other vehicles; boats; household 17 goods; miscellaneous furniture and fixtures, belonging to JIFFREY BOYD WHALEN 18 or in which JEFFREY BOYD WHALEN has or has had any interest whatsoever, either 19. alone or with any other person(s) or entities for four (4) years immediately preceding the date of examination. 21. 0) A full copy of all lease and rental agreements that you have with any landowner, 22 manager, or other person, to include the amount of all deposits and last months rent. 23: G6) A copy of all bank statements, canceled checks and checkbooks and check book registers for checking accounts belonging to JEFFREY BOYD WHALEN, or in which JEFFREY BOYD WHALEN has any interest, whatsoever, either alone or jointly with 26 any other person(s) or entities for two (2) years preceding the date of the hearing. 27 62) All savings deposit books or other statements for any savings accounts in any 28, bank, savings and loan association, credit union, or other similar institution, which SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN -6- belong to JEFFREY BOYD WHALEN or in which JEFFREY BOYD WHALEN has any interest either alone or jointly with any other person, entity or entities, for the four (4) years immediately preceding the date of the examination. (53) A listing of all monies from an estate or inheritance received by JEFFREY BOYD WHALEN as beneficiary for four years preceding the date of the hearing. 64) Location of any and all safe deposit boxes, wherever situated, whether privately maintained or in any bank or savings and loan, credit union, or similar association, belonging to JEFFREY BOYD WHALEN or in which JEFFREY BOYD WHALEN has any interest whatsoever, either alone or jointly with any other person, entity, for the four 10 (4) years immediately preceding the date of the examination. 1 G5) All evidence and all certificates of stocks, bonds, securities and annuities 12: belonging to JEFFREY BOYD WHALEN or in which JEFFREY BOYD WHALEN has 13) had any interest whatsoever either alone or jointly with any other person, entity or 14 entities, for the four (4) years immediately preceding the date of the above hearing. 15: G6) All fire, burglary, and extended coverage or similar insurance policies now in 16 force upon any real estate or personal property (including copies of insurance 17 inventories) owned by JEFFREY BOYD WHALEN or in which JEFFREY BOYD 18, WHALEN has or had any interest whatsoever, either alone or jointly with any other 19. person, entity, or entities, for the four (4) years immediately preceding the date of the 20. examination. 21 67) All titles, deeds, or contracts of sale upon real property and mobile/manufactured 22 homes wherever situated, owned by JEFFREY BOYD WHALEN (in whole or in part) purchased or being purchased, or sole, and which JEFFREY BOYD WHALEN 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 26 examination. 27 (58) All property assessment notices issued to JEFFREY BOYD WHALEN within 28 the four (4) years immediately preceding the date of the examination. SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN -7T- 69) Inventory of all personal property with original value in excess of $250.00, which belongs or belonged to JEFFREY BOYD WHALEN or was in JEFFREY BOYD WHALEN’ possession or under JEFFREY BOYD WHALEN’s possession or control in the last year preceding the date of the hearing. (60) Any other documents evidencing any loans, leases, business transactions, security interests, or property holdings to which JEFFREY BOYD WHALEN is a party. (61) 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 JEFFREY BOYD WHALEN or in which JEFFREY BOYD 10, WHALEN has or had any interest whatsoever, either alone or jointly with any other 11, person, entity, or entities, for the four (4) years immediately preceding the date of this 12: examination. 13: (62) All titles, deeds, or contracts of sale upon real property and mobile/manufactured 14 homes wherever situated, owned by JEFFREY BOYD WHALEN (in whole or in part) 15: purchased or being purchased, or sole, and which JEFFREY BOYD WHALEN now 16 owns or has had any interest in whatsoever, whether alone or jointly with any other 17 person, entity or entities, for the four (4) years immediately preceding the date of the 18 examination. 19. (63) All property assessment notices issued to JEFFREY BOYD WHALEN within 20. the four (4) years immediately preceding the date of the examination. 21 (64) Inventory of all personal property with original value in excess of $250.00, 22 which belongs or belonged to JEFFREY BOYD WHALEN or was in JEFFREY BOYD 23: WHALEN’s possession or under JEFFREY BOYD WHALEN’s possession or control 24, in the last year preceding the date of the hearing. 25: (65) Documents evidencing any loans, leases, business transactions, security interests, 26 or property holdings to which JEFFREY BOYD WHALEN isa party. 27 28 In addition to the items listed above, the following are also subpoenaed to the examination: All SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN -8- other records, documents, and writings maintained by or in the possession of JEFFREY BOYD WHALEN which relate to the financial affairs of JEFFREY BOYD WHALEN and/or to the disbursement of funds and receipt of funds by JEFFREY BOYD WHALEN for the six months preceding the date of the examination. Further, all other records, documents, and writings maintained by or in the possession of JEFFREY BOYD WHALEN which relate to the financial affairs of JEFFREY BOYD WHALEN and/or to the disbursement of funds and receipt of funds by JEFFREY BOYD WHALEN for the six (6) months preceding the date of the examination. 10. IL Dated: April 2, 2017 WEBB LAW GROUP, APC L 13; 14 ete LE LENDEN F. WEBB 1S: Attorney for Plaintiff MARVIN SCOTT 16 17 18 19. 20, 21 25: 26 27 28 SUBPOENA DUCES TECUM FOR PRODUCTION OF DOCUMENTS AT EXAMINATION OF WHALEN -9-