Preview
AT-138/EJ-125
J ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: 87908 FOR COURT USE ONLY
Name: Heinz Binder
FIRM NAME: Binder & Malter, LLP
STREET ADDRESS: 2775 Park Avenue
lcity: Santa Clara STATE: CA iP cove: 95050
[TELEPHONE NO: 408-295-1700 FAXNO.: 408-295-1531
E-MaiL aoDREss: heinz@bindermalter.com
ATTORNEY FOR (name): Titan Fish Four, LLC, a Kansas Limited Liability Company
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
sTReeT aooRess: 191 North First Street
MAILING AoDRESs: 191 North First Street
icity AND zIP cove: San Jose, CA 95113
‘BRANCH NAME: Unlimited Civil
PLAINTIFF Gibraltar SSI, LLC
DEFENDANT Robert Comes and Eric McAfee
APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION CASE NUMBER:
x] ENFORCEMENT OF JUDGMENT ATTACHMENT (Third Person) 1-12-CV-230686
Judgment Debtor x _] Third Person
ORDER TO APPEAR FOR EXAMINATION
1, TO (name): P2 Capital, LLC
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.
b. [3] answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the
judgment debtor,
c answer concerning property of the defendant in your possession or control or concerning a debt you owe the defendant
that is subject to attachment.
Date: October 11, 2018 Time:9:00AM Dept. or Div.:9 Rm.:
Address of court [4] is shown above is:
3. This order may be served by a sheriff, marshal, registered process server, or the following specially appointed person (name):
Date: _ Many < a ‘
This order must be served not less than 10 days before the date set for the examination.
IMPORTANT NOTICES ON REVERSE Mery Arand|
APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION
4. Original judgment creditor x] Assignee of record Plaintiff who has a right to attach order
applies for an order requiring (name): Person Most Knowledgeable of P2 Capital, LLC
to appear and furnish information to aid in enforcement of the money judgment or to answer concerning property or debt.
5. The person to be examined is
a. the judgment debtor.
b. [6¢] 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 has been filed. Examination is ordered by Court (See 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. 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 fore
Date: September 6, 2018
ig is true and correct,
Wendy W. Smith, Binder & Malter, LLP
(TYPE OR PRINT NAME)
(SIGNATURE OF DECLARANT)
(Continued on reverse) Page tof2
Fem Adopld for Mondo Use APPLICATION AND ORDER FOR Code of Git Pocedxe,
FTeTOME 135 (Rev, dana 1, 2017 APPEARANCE AND EXAMINATION Fe Te mcoatacn go
(Attachment—Enforcement of Judgment)|
|
|
:
AT-138/EJ-125
Information for Judgment Creditor Regarding Service
If you want to be able to ask the court to enforce the order on the judgment debtor or any third party, you
must have a copy of the order personally served on the judgment debtor by a sheriff, marshal, registered
process server, or the person appointed in item 3 of the order at least 10 calendar days before the date of
the hearing, and have a proof of service filed with the court.
IMPORTANT NOTICES ABOUT THE ORDER
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 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 under this order has possession or control of property
that is yours or owes you a debt. This property or debt is as follows (describe the property or debt):
4) THE INTEREST IN, AND RIGHT TO, ANY PAYMENT TO ERIC MCAFEE FROM P2 CAPITAL, LLC; 2)
UPON INFORMATION AND BELIEF, P2 CAPITAL, LLC IS IN POSESSION OF INFORMATION
REGARDING THE WHEREABOUTS OF THE ASSETS AND OTHER NECESSARY INFORMATION
REGARDING THE JUDGMENT DEBTOR TO AID IN THE ENFORCEMENT OF THIS JUDGMENT
PURSUANT TO CCP SECTION 708.130
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 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.
Request for Accommodations. Assistive listening systems, computer-assisted real-time captioning, or sign
language interpreter services are available if you ask at least 5 days before your hearing, Contact the clerk’s
office for Request for Accommodation (form MC-410). (Civil Code, § 54.8.)
ATA9BIEI-126 [Rev, January 1, 2017] APPLICATION AND ORDER FOR Page 20f2
APPEARANCE AND EXAMINATION
(Attachment—Enforcement of Judgment)ATTACHMENT TO APPLICATION AND ORDER FOR APPEARANCE AND
EXAMINATION OF P2 CAPITAL, LLC
DEFINITIONS
Unless the context indicates otherwise, the following words and phrases will be defined
and used herein as follows:
A "Any" includes each, every, and all and shall be understood to include and
encompass "or", and "or" shall be understood to include and encompass "and."
B. "Related to" or “relating to” includes referring to, alluding to, responding to,
concerning, regarding, connected with, commenting on, in respect of, about, is evidence of,
discussing, showing, describing, requesting, analyzing, and constituting.
Cc. “Communication” or “Communications” refers to any oral or written transmittal
or receipt of words or information, whether such was by chance, prearranged, formal, or
information, and specifically includes, without limitation, notes of conversations in person,
telephone conversations, telegrams, telexes, telecopies, telefaxes, letters, e-mails, reports, or
memoranda, formal statements and press releases. References to Communications with business
entities shall be deemed to include Communications with all present and former officers,
directors, employees, agents, attorneys, or other representatives of such entities.
Dz. “Document” or “Documents” means and includes everything encompassed within
the definition of California Evidence Code §250. Such term shall include the original or copy of
handwriting, typewriting, printing, photostating, photographing, and every other means of
recoding upon any tangible thing, any form of Communication or representation, including
letters, words, e-mails, faxes, pictures, sounds, and symbols, or combinations of them.E. “You,” “Your,” or the “Company” means McAfee Capital, LLC, its agents, its
employees, its consultants, its independent contractors, its volunteers, its members, its managers,
and anyone else acting at, for, or on its behalf.
INSTRUCTIONS
1. This request calls for the production of all responsive Documents in your
possession, custody or control. You are deemed to be in control of a Document if you have the
right to secure the Document or a copy thereof from another person having actual possession
thereof. You must produce all responsive Documents in your possession, custody or control,
regardless of whether they are possessed by (a) you, or (b) your director, officer, agent,
employee, member, representative, subsidiary, managing agent, accountant, attorney or
investigator, or (c) the agent, employee, member, representative of any of the foregoing.
2. Documents attached to each other should not be separated. Documents that are
located in files, folders, binders and the like must be produced in a manner that enables you to
determine which particular pages were contained in a given file, folder or binder. The labels of
any files, folders or binders that contain responsive Documents must also be copied.
3. If two specific requests overlap, or if a Document is responsive to more than one
specific request, the Document need only be produced once.
4, To the extent any claim of privilege is made, a privilege log should be provided.DOCUMENTS DEMANDS
1. All Documents that reflect or refer to any payment or transfer of any
money or property, however characterized, from by P2 Capital, LLC to or for the benefit of Eric
McAfee since July 30, 2012, including any loan or payment on a loan. In the interest of clarity,
and without limitation, this includes all documents reflecting any communication with any
holder of an interest in the real property located at 22040 Mount Eden Road, Saratoga,
California, including Morgan Stanley Private Bank and/or David Lies.
2. All Documents that reflect or refer to any payment or transfer of any
money or property, however characterized, from Eric McAfee to or for the benefit of P2 Capital,
LLC since July 30, 2012, including any loan or payment on a loan.
3. All Documents that reflect or refer to any payment or transfer of any
money or property, however characterized, from P2 Capital, LLC to McAfee Capital, LLC since
July 30, 2012, including any loan or payment on a loan.
4. All Documents that reflect or refer to any payment or transfer of any
money or property, however characterized, to P2 Capital, LLC from McAfee Capital, LLC since
July 30, 2012, including any loan or payment on a loan.
5. All Documents that reflect or refer to payment or transfer of any
money or property, however characterized, from P2 Capital, LLC to Organic Pastures Dairy
Company, LLC since July 30, 2012.
6. All Documents that reflect or refer to payment or transfer of anymoney or property, however characterized, to P2 Capital, LLC from Organic Pastures Dairy
Company, LLC since July 30, 2012.
7. All Documents showing or reflecting the capital account balance of Marguerite
McAfee in P2 Capital, LLC at all times since May 1, 2012.
8. All Documents showing or reflecting the capital account balance of all other
members of P2 Capital, LLC at all times since May 1, 2015.
9. All Documents that show or reflect the membership or ownership percentage that
Eric McAfee has in P2 Capital, LLC, if any.
10. To the extent not already requested, all Documents that reflect or refer to
any transaction or transfer by which P2 Capital, LLC obtained or acquired any asset, property,
money, right, or entitlement from McAfee Capital, LLC since July 30, 2015.
11. All Documents that refer, relate to, or constitute any contract or agreement,
including any loan agreement(s), between Eric McAfee and P2 Capital, LLC, including, but not
limited to any promissory note, loan ledger kept by P2 Capital LLC, all Correspondence
regarding an such loan, .
12. All Documents that reflect or refer to any money presently due or owed to Eric
McAfee by P2 Capital, LLC or to any party in which Eric McAfee owns an interest.
13. All non-privileged Documents, including all non-privileged email
Communications, sent or received by anyone at, or working for or on behalf of P2 Capital, LLC,
LLC, since July 30, 2012 that refer, relate to, or evidence any money, debt, or obligation owed to
Eric McAfee.14. All Documents evidencing any loans or agreements pursuant to which P2 Capital,
LLC is now, or at any time since July 30, 2012, has been, a borrower or guarantor, including but
not limited to, any loan agreement(s) with Organic Pastures Dairy Company, LLC, Aemetis,
Inc., Third Eye Capital Corporation, Eric McAfee, or Marguerite McAfee.
15. All Documents evidencing any loans or agreements pursuant to which P2 Capital,
LLC is now, or at any time since July 30, 2012, has been, a lender or originator, including but
not limited to, any loan agreement(s) with Organic Pastures Dairy Company, LLC, Aemetis,
Inc., Third Eye Capital Corporation, Eric McAfee, or Marguerite McAfee.
16. All Document evidencing any loan that P2 Capital, LLC claims to have made to
either Eric McAfee or Marguerite McAfee.
17. All Document evidencing any loan that P2 Capital, LLC claims to have made to
either McAfee Capital, LLC or Organic Pastures Dairy Company, LLC.
18. All Document that evidence any amount that P2 Capital, LLC claims is owed to it
by any party which loan P2 Capital, LLC claims is secured by a deed of trust on any real
property in which Eric McAfee holds an interest.
19. Copies of all general ledgers, profit and loss statements, and balance sheets for P2
Capital for 2015 through the current date.
20 All tax reports provided by P2 Capital to either McAfee Capital, LLC or Eric
McAfee from 2015 through the current date.MC-025
SHORT TITLE: (CASE NUMBER:
| GIBRALTAR SSI, LLC v. ROBERT COMES, et al. 41-12-CV-230686
ATTACHMENT (Number):
(This Attachment may be used with any Judicial Council form.)
ORDER GRANTING SECOND STIPULATION AND EX PARTE REQUEST FOR ORDER
CONTINUING ORDERS TO APPEAR FOR EXAMINATION.
(if the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of
Attachment are made under penalty of perjury.) (Add pages as required)
Ferg mes ae ure ATTACHMENT rormanuocagor
'MC-025 [Rev. July 1, 2008), to Judicial Council FormCant nn e® Bw NY
RP RY Me Re NN KR De ee eat
oa Am RF ON F&F SFC OD HN DH RF WN B&B SS
Heinz Binder (SBN 87908)
Wendy W. Smith (SBN 133887)
David B. Rao (SBN 103147)
Christian P. Binder (SBN 286552)
BINDER & MALTER, LLP
2775 Park Ave.
Santa Clara, CA 95050
Telephone (408) 295-1700
Facsimile: (408) 295-1531
Email: Heinz@bindermalter.com
Email: Wendy@bindermalter.com
Email: David@bindermalter.com
Email: Chris@bindermalter.com
Five
SEP - 7 2018
Clerk of the Court
By lor Court of CA County of Santa Clara
DEPUTY
R. ARAGON
Supetic
Attorneys for Judgment Assignee Titan Fish Four, LLC
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA CLARA - UNLIMITED CIVIL DIVISION
GIBRALTAR SSI, LLC, a Delaware limited
liability company,
Plaintiff,
Vv.
Case No.: 1-12-CV-230686
Ex Parte
[PROPOSED ORDER] GRANTING
SECOND STIPULATION AND ExParte
REQUEST FOR ORDER CONTINUING
ROBERT COMES, an individual, ERIC ORDERS TO APPEAR FOR
MCAFEE, an individual, EXAMINATION
Defendants.
ORDER
The Court, having review the parties’ Stipulation attached as Exhibit A and good cause
appearing therefor, hereby ORDERS as follows:
A. The Examinees described below will each appear for examination as described in
the Stipulation at the offices of Binder & Malter LLC, 2775 Park Avenue, Santa Clara
California, and will produce the documents described in the order for examination (the “Offsite
SECOND STIPULATION AND ORDER CONTINUING ORDERS TO APPEAR FOR EXAMINATIONnN
Examinations”) on the dates set forth below.
B. Should there be any dispute arising at an Offsite Hearing or a request to continue
it, the parties may present it to the court at the corresponding hearing date set forth below for
each examinee. The parties will Cheb Sommer f the issues to the court at least four
(4) days before the hearing, including having a copy delivered to. chambers. Court Servieca bee
¢ Upon presentation by the Judgment Creditor to the Clerk of renewal Applications
for Examination, the Clerk shall set the dates for hearing for each of the examinees or the dates
set forth below.
Examinee Date for Offsite Date for Continued
Examination Hearing
Aemetis, Inc. September 14, 2018, September 27, 2018,
10:00AM 9:00AM.
Organic Pastures Dairy | September 19, 2018 September 27, 2018
Company LLC, Mark 10:00AM 9:00AM
McAfee, CEO
Marguerite McAfee October 5, 2018 October 11, 2018
10:00AM 9:00AM
P2 Capital LLC, by October 5, 2018 October 11, 2018
Authorized Agent 10:00AM. 9:00AM.
McAfee Capital, LLC, October 12, 2018 October 18, 2018
by Authorized Agent 10:00AM. 9:00AM
Eric McA fee (Debtor) October 12, 2018 October 18, 2018
10:00AM 9:00AM
Zhan % the tkaminid We UdureoL to
ITISSO ORDERED. oe ae By Ve judane
SEP 0 7 2018 b
Dated:
Mary E. Arand
JUDGE OF THE SUPERIOR COURT
2—____—
SECOND STIPULATION AND ORDER CONTINUING ORDERS TO APPEAR FOR EXAMINATION
Preview
AT-138/EJ-125 J ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: 87908 FOR COURT USE ONLY Name: Heinz Binder FIRM NAME: Binder & Malter, LLP STREET ADDRESS: 2775 Park Avenue lcity: Santa Clara STATE: CA iP cove: 95050 [TELEPHONE NO: 408-295-1700 FAXNO.: 408-295-1531 E-MaiL aoDREss: heinz@bindermalter.com ATTORNEY FOR (name): Titan Fish Four, LLC, a Kansas Limited Liability Company SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA sTReeT aooRess: 191 North First Street MAILING AoDRESs: 191 North First Street icity AND zIP cove: San Jose, CA 95113 ‘BRANCH NAME: Unlimited Civil PLAINTIFF Gibraltar SSI, LLC DEFENDANT Robert Comes and Eric McAfee APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION CASE NUMBER: x] ENFORCEMENT OF JUDGMENT ATTACHMENT (Third Person) 1-12-CV-230686 Judgment Debtor x _] Third Person ORDER TO APPEAR FOR EXAMINATION 1, TO (name): P2 Capital, LLC 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. b. [3] answer concerning property of the judgment debtor in your possession or control or concerning a debt you owe the judgment debtor, c answer concerning property of the defendant in your possession or control or concerning a debt you owe the defendant that is subject to attachment. Date: October 11, 2018 Time:9:00AM Dept. or Div.:9 Rm.: Address of court [4] is shown above is: 3. This order may be served by a sheriff, marshal, registered process server, or the following specially appointed person (name): Date: _ Many < a ‘ This order must be served not less than 10 days before the date set for the examination. IMPORTANT NOTICES ON REVERSE Mery Arand| APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION 4. Original judgment creditor x] Assignee of record Plaintiff who has a right to attach order applies for an order requiring (name): Person Most Knowledgeable of P2 Capital, LLC to appear and furnish information to aid in enforcement of the money judgment or to answer concerning property or debt. 5. The person to be examined is a. the judgment debtor. b. [6¢] 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 has been filed. Examination is ordered by Court (See 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. 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 fore Date: September 6, 2018 ig is true and correct, Wendy W. Smith, Binder & Malter, LLP (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) (Continued on reverse) Page tof2 Fem Adopld for Mondo Use APPLICATION AND ORDER FOR Code of Git Pocedxe, FTeTOME 135 (Rev, dana 1, 2017 APPEARANCE AND EXAMINATION Fe Te mcoatacn go (Attachment—Enforcement of Judgment)| | | : AT-138/EJ-125 Information for Judgment Creditor Regarding Service If you want to be able to ask the court to enforce the order on the judgment debtor or any third party, you must have a copy of the order personally served on the judgment debtor by a sheriff, marshal, registered process server, or the person appointed in item 3 of the order at least 10 calendar days before the date of the hearing, and have a proof of service filed with the court. IMPORTANT NOTICES ABOUT THE ORDER 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 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 under this order has possession or control of property that is yours or owes you a debt. This property or debt is as follows (describe the property or debt): 4) THE INTEREST IN, AND RIGHT TO, ANY PAYMENT TO ERIC MCAFEE FROM P2 CAPITAL, LLC; 2) UPON INFORMATION AND BELIEF, P2 CAPITAL, LLC IS IN POSESSION OF INFORMATION REGARDING THE WHEREABOUTS OF THE ASSETS AND OTHER NECESSARY INFORMATION REGARDING THE JUDGMENT DEBTOR TO AID IN THE ENFORCEMENT OF THIS JUDGMENT PURSUANT TO CCP SECTION 708.130 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 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. Request for Accommodations. Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least 5 days before your hearing, Contact the clerk’s office for Request for Accommodation (form MC-410). (Civil Code, § 54.8.) ATA9BIEI-126 [Rev, January 1, 2017] APPLICATION AND ORDER FOR Page 20f2 APPEARANCE AND EXAMINATION (Attachment—Enforcement of Judgment)ATTACHMENT TO APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION OF P2 CAPITAL, LLC DEFINITIONS Unless the context indicates otherwise, the following words and phrases will be defined and used herein as follows: A "Any" includes each, every, and all and shall be understood to include and encompass "or", and "or" shall be understood to include and encompass "and." B. "Related to" or “relating to” includes referring to, alluding to, responding to, concerning, regarding, connected with, commenting on, in respect of, about, is evidence of, discussing, showing, describing, requesting, analyzing, and constituting. Cc. “Communication” or “Communications” refers to any oral or written transmittal or receipt of words or information, whether such was by chance, prearranged, formal, or information, and specifically includes, without limitation, notes of conversations in person, telephone conversations, telegrams, telexes, telecopies, telefaxes, letters, e-mails, reports, or memoranda, formal statements and press releases. References to Communications with business entities shall be deemed to include Communications with all present and former officers, directors, employees, agents, attorneys, or other representatives of such entities. Dz. “Document” or “Documents” means and includes everything encompassed within the definition of California Evidence Code §250. Such term shall include the original or copy of handwriting, typewriting, printing, photostating, photographing, and every other means of recoding upon any tangible thing, any form of Communication or representation, including letters, words, e-mails, faxes, pictures, sounds, and symbols, or combinations of them.E. “You,” “Your,” or the “Company” means McAfee Capital, LLC, its agents, its employees, its consultants, its independent contractors, its volunteers, its members, its managers, and anyone else acting at, for, or on its behalf. INSTRUCTIONS 1. This request calls for the production of all responsive Documents in your possession, custody or control. You are deemed to be in control of a Document if you have the right to secure the Document or a copy thereof from another person having actual possession thereof. You must produce all responsive Documents in your possession, custody or control, regardless of whether they are possessed by (a) you, or (b) your director, officer, agent, employee, member, representative, subsidiary, managing agent, accountant, attorney or investigator, or (c) the agent, employee, member, representative of any of the foregoing. 2. Documents attached to each other should not be separated. Documents that are located in files, folders, binders and the like must be produced in a manner that enables you to determine which particular pages were contained in a given file, folder or binder. The labels of any files, folders or binders that contain responsive Documents must also be copied. 3. If two specific requests overlap, or if a Document is responsive to more than one specific request, the Document need only be produced once. 4, To the extent any claim of privilege is made, a privilege log should be provided.DOCUMENTS DEMANDS 1. All Documents that reflect or refer to any payment or transfer of any money or property, however characterized, from by P2 Capital, LLC to or for the benefit of Eric McAfee since July 30, 2012, including any loan or payment on a loan. In the interest of clarity, and without limitation, this includes all documents reflecting any communication with any holder of an interest in the real property located at 22040 Mount Eden Road, Saratoga, California, including Morgan Stanley Private Bank and/or David Lies. 2. All Documents that reflect or refer to any payment or transfer of any money or property, however characterized, from Eric McAfee to or for the benefit of P2 Capital, LLC since July 30, 2012, including any loan or payment on a loan. 3. All Documents that reflect or refer to any payment or transfer of any money or property, however characterized, from P2 Capital, LLC to McAfee Capital, LLC since July 30, 2012, including any loan or payment on a loan. 4. All Documents that reflect or refer to any payment or transfer of any money or property, however characterized, to P2 Capital, LLC from McAfee Capital, LLC since July 30, 2012, including any loan or payment on a loan. 5. All Documents that reflect or refer to payment or transfer of any money or property, however characterized, from P2 Capital, LLC to Organic Pastures Dairy Company, LLC since July 30, 2012. 6. All Documents that reflect or refer to payment or transfer of anymoney or property, however characterized, to P2 Capital, LLC from Organic Pastures Dairy Company, LLC since July 30, 2012. 7. All Documents showing or reflecting the capital account balance of Marguerite McAfee in P2 Capital, LLC at all times since May 1, 2012. 8. All Documents showing or reflecting the capital account balance of all other members of P2 Capital, LLC at all times since May 1, 2015. 9. All Documents that show or reflect the membership or ownership percentage that Eric McAfee has in P2 Capital, LLC, if any. 10. To the extent not already requested, all Documents that reflect or refer to any transaction or transfer by which P2 Capital, LLC obtained or acquired any asset, property, money, right, or entitlement from McAfee Capital, LLC since July 30, 2015. 11. All Documents that refer, relate to, or constitute any contract or agreement, including any loan agreement(s), between Eric McAfee and P2 Capital, LLC, including, but not limited to any promissory note, loan ledger kept by P2 Capital LLC, all Correspondence regarding an such loan, . 12. All Documents that reflect or refer to any money presently due or owed to Eric McAfee by P2 Capital, LLC or to any party in which Eric McAfee owns an interest. 13. All non-privileged Documents, including all non-privileged email Communications, sent or received by anyone at, or working for or on behalf of P2 Capital, LLC, LLC, since July 30, 2012 that refer, relate to, or evidence any money, debt, or obligation owed to Eric McAfee.14. All Documents evidencing any loans or agreements pursuant to which P2 Capital, LLC is now, or at any time since July 30, 2012, has been, a borrower or guarantor, including but not limited to, any loan agreement(s) with Organic Pastures Dairy Company, LLC, Aemetis, Inc., Third Eye Capital Corporation, Eric McAfee, or Marguerite McAfee. 15. All Documents evidencing any loans or agreements pursuant to which P2 Capital, LLC is now, or at any time since July 30, 2012, has been, a lender or originator, including but not limited to, any loan agreement(s) with Organic Pastures Dairy Company, LLC, Aemetis, Inc., Third Eye Capital Corporation, Eric McAfee, or Marguerite McAfee. 16. All Document evidencing any loan that P2 Capital, LLC claims to have made to either Eric McAfee or Marguerite McAfee. 17. All Document evidencing any loan that P2 Capital, LLC claims to have made to either McAfee Capital, LLC or Organic Pastures Dairy Company, LLC. 18. All Document that evidence any amount that P2 Capital, LLC claims is owed to it by any party which loan P2 Capital, LLC claims is secured by a deed of trust on any real property in which Eric McAfee holds an interest. 19. Copies of all general ledgers, profit and loss statements, and balance sheets for P2 Capital for 2015 through the current date. 20 All tax reports provided by P2 Capital to either McAfee Capital, LLC or Eric McAfee from 2015 through the current date.MC-025 SHORT TITLE: (CASE NUMBER: | GIBRALTAR SSI, LLC v. ROBERT COMES, et al. 41-12-CV-230686 ATTACHMENT (Number): (This Attachment may be used with any Judicial Council form.) ORDER GRANTING SECOND STIPULATION AND EX PARTE REQUEST FOR ORDER CONTINUING ORDERS TO APPEAR FOR EXAMINATION. (if the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of Attachment are made under penalty of perjury.) (Add pages as required) Ferg mes ae ure ATTACHMENT rormanuocagor 'MC-025 [Rev. July 1, 2008), to Judicial Council FormCant nn e® Bw NY RP RY Me Re NN KR De ee eat oa Am RF ON F&F SFC OD HN DH RF WN B&B SS Heinz Binder (SBN 87908) Wendy W. Smith (SBN 133887) David B. Rao (SBN 103147) Christian P. Binder (SBN 286552) BINDER & MALTER, LLP 2775 Park Ave. Santa Clara, CA 95050 Telephone (408) 295-1700 Facsimile: (408) 295-1531 Email: Heinz@bindermalter.com Email: Wendy@bindermalter.com Email: David@bindermalter.com Email: Chris@bindermalter.com Five SEP - 7 2018 Clerk of the Court By lor Court of CA County of Santa Clara DEPUTY R. ARAGON Supetic Attorneys for Judgment Assignee Titan Fish Four, LLC SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA - UNLIMITED CIVIL DIVISION GIBRALTAR SSI, LLC, a Delaware limited liability company, Plaintiff, Vv. Case No.: 1-12-CV-230686 Ex Parte [PROPOSED ORDER] GRANTING SECOND STIPULATION AND ExParte REQUEST FOR ORDER CONTINUING ROBERT COMES, an individual, ERIC ORDERS TO APPEAR FOR MCAFEE, an individual, EXAMINATION Defendants. ORDER The Court, having review the parties’ Stipulation attached as Exhibit A and good cause appearing therefor, hereby ORDERS as follows: A. The Examinees described below will each appear for examination as described in the Stipulation at the offices of Binder & Malter LLC, 2775 Park Avenue, Santa Clara California, and will produce the documents described in the order for examination (the “Offsite SECOND STIPULATION AND ORDER CONTINUING ORDERS TO APPEAR FOR EXAMINATIONnN Examinations”) on the dates set forth below. B. Should there be any dispute arising at an Offsite Hearing or a request to continue it, the parties may present it to the court at the corresponding hearing date set forth below for each examinee. The parties will Cheb Sommer f the issues to the court at least four (4) days before the hearing, including having a copy delivered to. chambers. Court Servieca bee ¢ Upon presentation by the Judgment Creditor to the Clerk of renewal Applications for Examination, the Clerk shall set the dates for hearing for each of the examinees or the dates set forth below. Examinee Date for Offsite Date for Continued Examination Hearing Aemetis, Inc. September 14, 2018, September 27, 2018, 10:00AM 9:00AM. Organic Pastures Dairy | September 19, 2018 September 27, 2018 Company LLC, Mark 10:00AM 9:00AM McAfee, CEO Marguerite McAfee October 5, 2018 October 11, 2018 10:00AM 9:00AM P2 Capital LLC, by October 5, 2018 October 11, 2018 Authorized Agent 10:00AM. 9:00AM. McAfee Capital, LLC, October 12, 2018 October 18, 2018 by Authorized Agent 10:00AM. 9:00AM Eric McA fee (Debtor) October 12, 2018 October 18, 2018 10:00AM 9:00AM Zhan % the tkaminid We UdureoL to ITISSO ORDERED. oe ae By Ve judane SEP 0 7 2018 b Dated: Mary E. Arand JUDGE OF THE SUPERIOR COURT 2—____— SECOND STIPULATION AND ORDER CONTINUING ORDERS TO APPEAR FOR EXAMINATION