Preview
AT-138/EJ-125
|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
jcity: Santa Clara state: CA zip cope: 95050
TELEPHONE NO: 408-295-1700 FAXNO. 408-295-1531
E-MAIL ADDRESS: heinz@bindermalter.com
|ATTORNEY FOR (name): Titan Fish Four, LLC, a Kansas Limited Liability Company
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA
STREET ADDRESS: 191 North First Street
MAILING ADDRESS: 191 North First Street
|city 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): Marguerite McAfee
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. [x] 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 [Xx_] is shown above is:
3. This order may be served by a sheriff, marshal, registered process server, or the following specially appointed person (name):
JUDGE
This order must be served not less than 10 days before the date set for the examination.
IMPORTANT NOTICES ON REVERSE 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): Marguerite McAfee
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. (3¢) 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.
t. 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,
Date: September 6, 2018
Wendy W. Smith, Binder & Malter, LLP >
(TYPE OR PRINT NAME)
URE OF DECLARANT)
(Continued on reverse)
on oped Mendy Use ‘APPLICATION AND ORDER F
irstOOE-25 odor 1, 2017 APPEARANCE AND EXAMINATION SOLO evan goY
(Attachment—Enforcement of Judgment)
Page 1 of2
Code of Civil Procedure,
Date: Mawy tkAT-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) MARGUERITE MCAFEE IS THE SPOUSE OF JUDGMENT DEBTOR ERIC MCAFEE AND HAS
KNOWLEDGE OF 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; 2) MARGUERITE MCAFEE IS THE SPOUSE OF JUDGMENT
DEBTOR ERIC MCAFEE AND, UPON INFORMATION AND BELIEF, HAS POSESSION OR CONTROL OF
COMMUNITY PROPERTY OF JUDGMENT DEBTOR ERIC MCAFEE
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
It is 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.)
AT 199-126 Re January 1, 2017 APPLICATION AND ORDER FOR Page 2012
APPEARANCE AND EXAMINATION
(Attachment—Enforcement of Judgment)ATTACHMENT TO APPLICATION AND ORDER FOR APPEARANCE AND
EXAMINATION OF MARGUERITE MCAFEE
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” or “Your” means you, your husband, your agents, employees, consultants,
independent contractors, and anyone else acting at, for, or on your behalf.
F. “Real Property” means 22040 Mount Eden Road, Saratoga, California.
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 federal and state income tax returns filed by your or in your name since May
1, 2015, including schedules, W-2 forms, and 1099 forms.2. All statements for every account with a bank, investment brokerage, or securities
account, where the account is held in Your name or jointly in Your name and in the name of Eric
McAfee since May 1, 2015.
3. All statements for every account with a bank, investment brokerage, or securities
account, where the account is held in the name of any trust in which You and/or Eric McAfee are
or were a settlor or beneficiary.
4, All Documents that reflect or refer to your income or compensation from any
source whatsoever at any time from May 1, 2012 to the present.
5. All credit card statements for any account in Your name or jointly in Your name
and in the name of Eric McAfee from May 1, 2012, to the present.
6. All Documents and Communications that reflect or refer to the pending
foreclosure against Your Real Property by Morgan Stanley Private Bank, N.A. or its foreclosure
trustee, Aztec Foreclosure Corporation.
7. All Documents and Communications since May 31, 2012, that reflect or refer to
any transfer of an interest in the Real Property.
8. All Documents and Communications since May 31, 2012, that reflect or refer to
any lien recorded against the Real Property. 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, including Morgan Stanley Private Bank and/or David Lies
9. All Documents and Communications that reflect or refer to any contracts or
agreements between you, on the one hand, and Eric McAfee, or McAfee Capital, LLC, or
Organic Pastures Dairy Company, LLC, or Aemetis, Inc., or P2 Capital, LLC, or any other entity
in which Eric McAfee has an ownership interest, on the other hand.10. All Documents and Communications that reflect or refer to any financial
obligations between You, on the one hand, and Eric McAfee, or McAfee Capital, LLC, or
Organic Pastures Dairy Company, LLC, or Aemetis, Inc., or P2 Capital, LLC, or any other entity
in which Eric McAfee has an ownership interest, on the other hand.
11. All Documents and Communications from May 1, 2012, to the present that reflect
or refer to any payment of money or transfer of property of an amount greater than $1,000
between You and/or Eric McAfee on the one hand, and McAfee Capital, LLC, or Organic
Pastures Dairy Company, LLC, or Aemetis, Inc., or P2 Capital, LLC, or any other entity in
which Eric McAfee has an ownership interest, on the other hand.
12. All Documents and Communications from May 1, 2012, to the present that reflect
or refer to any payment of money or transfer of property of an amount greater than $1,000
between either of your daughters on the one hand, and McAfee Capital, LLC, or Organic
Pastures Dairy Company, LLC, or Aemetis, Inc., or P2 Capital, LLC, or any other entity in
which Eric McAfee has an ownership interest, on the other hand.
13. All Documents and Communications from May 1, 2012 to the present that reflect
or refer to any loan You and/or Eric McAfee owe to David Lies or any predecessor-in-interest to
David Lies.
14. All Documents that reflect or refer to any payments You made or transferred to
Morgan Stanley Private Bank, N.A., or which were paid or transferred on your behalf by any
party, to Morgan Stanley Private Bank, N.A., at any time since May 1, 2012.
15. All Documents that reflect or refer to any payments You or Eric McAfee made or
were made on Your or Eric McAfee’s behalf to David Lies or his predecessor-in-interest since
May 1, 2012.16. To the extent not already requested, all Documents that reflect or refer to any
payments You or Eric McAfee made or transferred to P2 Capital, LLC, or which were paid or
transferred on Your or Eric McAfee’s behalf by any party, on account of the obligation that is
secured by a deed of trust recorded against the Real Property, since May 1, 2015.
17. All loan applications or credit reports that You completed or presented to any
other party since May 1, 2015
18. To the extent not already requested, all documents relating to or evidencing any
account maintained at any financial institution in which You or Eric McAfee had or have an
ownership interest, between May 1, 2012 and the present, including but not limited to, any
checking account, savings account, individual retirement account, margin account, brokerage
account, or certificate of deposit.
19, All Documents that reflect or refer to the amount of Your or Eric McAfee’s
outstanding tax debt to the Internal Revenue Service at any time since January 1, 2012.
20. All Documents that reflect or refer to any personal property owned by You
(including jewelry), or by McAfee Capital, LLC, or Eric McAfee with a value in excess of
$5,000, including, but not limited to any insurance policy, lease, or storage agreement.MC-025
SHORT TITLE: CASE NUMBER:
| GIBRALTAR SSI, LLC v. ROBERT COMES, et al. 1-12-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)
Form Approved for Optional Use ATTACHMENT wwrw.courtinfo.ca.gov
“Judital Counel of California
'MC-025 (Rev. July 1, 2008], to Judicial Council FormHeinz 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
F TLE
SEP - 7 2018
sino Stk Of tho, Court
nee Court of CA County of Santa Clara
——— DEPUTY
R. ARAGON
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
jo
SECOND STIPULATION AND ORDER CONTINUING ORDERS TO APPEAR FOR EXAMINATIONExaminations”) 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 Gramary f the issues to the court at least four
(4) days before the hearing, including having a copy delivered to chambers. Court Service ber
C e 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 McA fee 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
ZALn of hi bhaminia We dere fo
IT IS SO ORDERED. Uu Ps 2x8 y 2 bef thee fudge p
SEP 0 7 2018 4
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 |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 jcity: Santa Clara state: CA zip cope: 95050 TELEPHONE NO: 408-295-1700 FAXNO. 408-295-1531 E-MAIL ADDRESS: heinz@bindermalter.com |ATTORNEY FOR (name): Titan Fish Four, LLC, a Kansas Limited Liability Company SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 North First Street MAILING ADDRESS: 191 North First Street |city 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): Marguerite McAfee 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. [x] 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 [Xx_] is shown above is: 3. This order may be served by a sheriff, marshal, registered process server, or the following specially appointed person (name): JUDGE This order must be served not less than 10 days before the date set for the examination. IMPORTANT NOTICES ON REVERSE 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): Marguerite McAfee 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. (3¢) 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. t. 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, Date: September 6, 2018 Wendy W. Smith, Binder & Malter, LLP > (TYPE OR PRINT NAME) URE OF DECLARANT) (Continued on reverse) on oped Mendy Use ‘APPLICATION AND ORDER F irstOOE-25 odor 1, 2017 APPEARANCE AND EXAMINATION SOLO evan goY (Attachment—Enforcement of Judgment) Page 1 of2 Code of Civil Procedure, Date: Mawy tkAT-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) MARGUERITE MCAFEE IS THE SPOUSE OF JUDGMENT DEBTOR ERIC MCAFEE AND HAS KNOWLEDGE OF 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; 2) MARGUERITE MCAFEE IS THE SPOUSE OF JUDGMENT DEBTOR ERIC MCAFEE AND, UPON INFORMATION AND BELIEF, HAS POSESSION OR CONTROL OF COMMUNITY PROPERTY OF JUDGMENT DEBTOR ERIC MCAFEE 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 It is 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.) AT 199-126 Re January 1, 2017 APPLICATION AND ORDER FOR Page 2012 APPEARANCE AND EXAMINATION (Attachment—Enforcement of Judgment)ATTACHMENT TO APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION OF MARGUERITE MCAFEE 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” or “Your” means you, your husband, your agents, employees, consultants, independent contractors, and anyone else acting at, for, or on your behalf. F. “Real Property” means 22040 Mount Eden Road, Saratoga, California. 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 federal and state income tax returns filed by your or in your name since May 1, 2015, including schedules, W-2 forms, and 1099 forms.2. All statements for every account with a bank, investment brokerage, or securities account, where the account is held in Your name or jointly in Your name and in the name of Eric McAfee since May 1, 2015. 3. All statements for every account with a bank, investment brokerage, or securities account, where the account is held in the name of any trust in which You and/or Eric McAfee are or were a settlor or beneficiary. 4, All Documents that reflect or refer to your income or compensation from any source whatsoever at any time from May 1, 2012 to the present. 5. All credit card statements for any account in Your name or jointly in Your name and in the name of Eric McAfee from May 1, 2012, to the present. 6. All Documents and Communications that reflect or refer to the pending foreclosure against Your Real Property by Morgan Stanley Private Bank, N.A. or its foreclosure trustee, Aztec Foreclosure Corporation. 7. All Documents and Communications since May 31, 2012, that reflect or refer to any transfer of an interest in the Real Property. 8. All Documents and Communications since May 31, 2012, that reflect or refer to any lien recorded against the Real Property. 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, including Morgan Stanley Private Bank and/or David Lies 9. All Documents and Communications that reflect or refer to any contracts or agreements between you, on the one hand, and Eric McAfee, or McAfee Capital, LLC, or Organic Pastures Dairy Company, LLC, or Aemetis, Inc., or P2 Capital, LLC, or any other entity in which Eric McAfee has an ownership interest, on the other hand.10. All Documents and Communications that reflect or refer to any financial obligations between You, on the one hand, and Eric McAfee, or McAfee Capital, LLC, or Organic Pastures Dairy Company, LLC, or Aemetis, Inc., or P2 Capital, LLC, or any other entity in which Eric McAfee has an ownership interest, on the other hand. 11. All Documents and Communications from May 1, 2012, to the present that reflect or refer to any payment of money or transfer of property of an amount greater than $1,000 between You and/or Eric McAfee on the one hand, and McAfee Capital, LLC, or Organic Pastures Dairy Company, LLC, or Aemetis, Inc., or P2 Capital, LLC, or any other entity in which Eric McAfee has an ownership interest, on the other hand. 12. All Documents and Communications from May 1, 2012, to the present that reflect or refer to any payment of money or transfer of property of an amount greater than $1,000 between either of your daughters on the one hand, and McAfee Capital, LLC, or Organic Pastures Dairy Company, LLC, or Aemetis, Inc., or P2 Capital, LLC, or any other entity in which Eric McAfee has an ownership interest, on the other hand. 13. All Documents and Communications from May 1, 2012 to the present that reflect or refer to any loan You and/or Eric McAfee owe to David Lies or any predecessor-in-interest to David Lies. 14. All Documents that reflect or refer to any payments You made or transferred to Morgan Stanley Private Bank, N.A., or which were paid or transferred on your behalf by any party, to Morgan Stanley Private Bank, N.A., at any time since May 1, 2012. 15. All Documents that reflect or refer to any payments You or Eric McAfee made or were made on Your or Eric McAfee’s behalf to David Lies or his predecessor-in-interest since May 1, 2012.16. To the extent not already requested, all Documents that reflect or refer to any payments You or Eric McAfee made or transferred to P2 Capital, LLC, or which were paid or transferred on Your or Eric McAfee’s behalf by any party, on account of the obligation that is secured by a deed of trust recorded against the Real Property, since May 1, 2015. 17. All loan applications or credit reports that You completed or presented to any other party since May 1, 2015 18. To the extent not already requested, all documents relating to or evidencing any account maintained at any financial institution in which You or Eric McAfee had or have an ownership interest, between May 1, 2012 and the present, including but not limited to, any checking account, savings account, individual retirement account, margin account, brokerage account, or certificate of deposit. 19, All Documents that reflect or refer to the amount of Your or Eric McAfee’s outstanding tax debt to the Internal Revenue Service at any time since January 1, 2012. 20. All Documents that reflect or refer to any personal property owned by You (including jewelry), or by McAfee Capital, LLC, or Eric McAfee with a value in excess of $5,000, including, but not limited to any insurance policy, lease, or storage agreement.MC-025 SHORT TITLE: CASE NUMBER: | GIBRALTAR SSI, LLC v. ROBERT COMES, et al. 1-12-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) Form Approved for Optional Use ATTACHMENT wwrw.courtinfo.ca.gov “Judital Counel of California 'MC-025 (Rev. July 1, 2008], to Judicial Council FormHeinz 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 F TLE SEP - 7 2018 sino Stk Of tho, Court nee Court of CA County of Santa Clara ——— DEPUTY R. ARAGON 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 jo SECOND STIPULATION AND ORDER CONTINUING ORDERS TO APPEAR FOR EXAMINATIONExaminations”) 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 Gramary f the issues to the court at least four (4) days before the hearing, including having a copy delivered to chambers. Court Service ber C e 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 McA fee 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 ZALn of hi bhaminia We dere fo IT IS SO ORDERED. Uu Ps 2x8 y 2 bef thee fudge p SEP 0 7 2018 4 Dated: Mary E. Arand JUDGE OF THE SUPERIOR COURT 2 SECOND STIPULATION AND ORDER CONTINUING ORDERS TO APPEAR FOR EXAMINATION