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1 STEPHAN M. BROWN (SBN: 300563)
DANIEL J. GRIFFIN (SBN: 311236) 10/29/2020
2 NewPoint Law Group, LLP
3300 Douglas Blvd., Suite 100
3 Roseville, CA 95661
800-358-0305
4 916-242-8588 (fax)
sbrown@newpointlaw.com
5 dgriffin@newpointlaw.com
6 Attorneys for Defendants,
Gene Jackson, Philantrepreneur, Inc.
7 and Legacy of Faith Partners, Inc.
8
SUPERIOR COURT OF CALIFORNIA
9
COUNTY OF PLACER
10
11
JAMES W. CARTER and ANDREA J. CASE NO. SCV0042132
NEWPOINT LAW GROUP, LLP
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CARTER, as Trustees of the Carter Family
Trust, dated October 21, 2010 DECLARATION OF DANIEL GRIFFIN IN
13 SUPPORT OF MOTION AND MOTION TO
Plaintiffs, QUASH OR MODIFY SUBPOENAS – WELLS
14 FARGO BANK, CARMAX, AND MECHANICS
v. BANK
15
Complaint Filed: November 14, 2018
16 GENE JACKSON, an individual,
PHILANTREPRENEUR, INC., a Nevada Date: December 17, 2020
17 Non-Profit Corporation; and LEGACY OF Time: 8:30 a.m.
FAITH PARTNERS, INC. a Nevada Non- Dept.: 42
18
Profit Corporation, and DOES 1
19 THROUGH 50,
20 Defendants.
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I, Daniel Griffin, declare as follows:
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1. The matters and things herein set forth are within my personal knowledge and, if
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called as a witness, I would and could competently testify thereto.
24
2. I am a partner at NewPoint Law Group, LLP, counsel of record for defendants
25
Gene Jackson, Philantrepreneur, Inc., and Legacy of Faith Partners, Inc.
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27 3. On October 28, 2020, I emailed counsel for Plaintiffs a draft copy of the motion
28 and memorandum of points and authorities to quash or modify the subpoenas for consumer and
1
DECLARATION OF DANIEL GRIFFIN IN SUPPORT OF MOTION AND MOTION TO QUASH OR MODIFY
SUBPOENA___________
EXHIBIT A
Daniel Griffin
From: Daniel Griffin
Sent: Wednesday, October 28, 2020 6:01 PM
To: Katherine Wenger; Donna Meadors
Cc: Stephan Brown; Karen Davis
Subject: Carters v. Philantrepreneur - Meet and Confer re: Subpoenas
Attachments: NM Quash Subpoena-Jackson.docx; MPA.docx
Good evening Katherine,
Please find attached a draft of Mr. Jackson’s motion and memorandum of points and authorities to be filed regarding
the subpoenas for consumer and business records from Wells Fargo, Carmax, and Mechanics Bank. Please contact us if
your clients are willing to discuss modifying the scope of these subpoenas as provided in the motion. Otherwise, while
we intend to file the joint motion by tomorrow, we remain open to discussing this matter at any point prior to the
opposition deadline.
Dan Griffin
Partner
NewPoint Law Group, LLP
newpointlaw.com
dgriffin@newpointlaw.com
Phone: (800) 358-0305
Fax: (916) 242-8588
3300 Douglas Blvd, Suite 100
Roseville, CA 95661
This transmission is intended only for the addressee, and may contain privileged and/or confidential information.If you are not the
intended recipient, please do not use, disseminate, or copy this material.
If you have received this transmission in error, please notify
us immediately by telephone, return this transmission, and delete or destroy any copies (digital or paper).
Thank you.
1
EXHIBIT B
SUBP-025
ATTORNEY OR PARTY WITHOUTATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
KATHERINE F. WENGER/CA SB# 223045
BROWN, GEE & WENGER
200 Pringle Avenue, Suite 400
Walnut Creek, CA 94596
TELEPHONE NO. (925) 943-5000 FAX NO. (Optional):
E-MAIL ADDRESS (Optionalj:
kwenger@bgwcounsel.com
ATTORNEY FOR (NameJ: Plaintiffs James and Andrea Carter
SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER
STREET ADDRESS 10820 JUSTICE CENTER DRIVE
MAILING ADDRESS:
CITYANDZIPCODE:ROSEVILLE, CA 95678
BRANCH NAME:
PLAINTIFF/ PETITIONER: JAMES W. CARTER. et al. CASE NUMBER:
DEFENDANT/ RESPONDENT: GENE JACKSON, et al. SCV0042132
NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION
(Code Civ. Proc.,§§ 1985.3,1985.6)
NOTICE TO CONSUMER OR EMPLOYEE
TO (name): GENE JACKSON, 2930 Dry Gulch Court, Rocklin, CA 95677
1. PLEASE TAKE NOTICE THAT REQUESTING PARTY (name): James W. Carter and Andrea J. Carter, Trustees
SEEKS YOUR RECORDS FOR EXAMINATION by the parties to this action on (specify date): 11/6/20
The records are described in the subpoena directed to witness (specify name and address of person or entity from whom records
are sought): Wells Fargo Bank, NA
A copy of the subpoena is attached.
2. IF YOU OBJECT to the production of these records, YOU MUST DO ONE OF THE FOLLOWING BEFORE THE DATE
SPECIFIED. IN ITEM a. OR b. BELOW:
a. If you are a party to the above-entitled action, you must file a motion pursuant to Code of Civil Procedure section 1987.1 to
quash or modify the subpoena and give notice of that motion to the witness and the deposition officer named in the subpoena
at least five days before the date set for production of the records.
b. If you are not a party to this action, you must serve on the requesting party and on the witness, before the date set for
production of the records, a written objection that states the specific grounds on which production of such records should be
prohibited. You may use the form below to object and state the grounds for your objection. You must complete the Proof of
Service on the reverse side indicating whether you personally served or mailed the objection. The objection should not be filed
with the court. WARNING: IF YOUR OBJECTION IS NOT RECEIVED BEFORE THE DATE SPECIFIED IN ITEM 1, YOUR
RECORDS MAY BE PRODUCED AND MAY BE AVAILABLE TO ALL PARTIES.
3. YOU OR YOUR ATTORNEY MAY CONTACT THE UNDERSIGNED to determine whether an agreement can be reached in writing
to cancel or limit the scope of the subpoena. If no such agreement is reached, and if you are not otherwise represented by an
attorney in this action, YOU SHOULD CONSULT AN ATTORNEY TO ADVISE YOU OF YOUR RIGHTS OF PRIVACY.
Date: 10.6.2020
KATHERINE F. WENGER
(TYPE OR PRINT NAME)
► \st!+euuu �
O REQUESTING PARTY
(SIGrJi..TuRE m ATTORNEY}
OBJECTION BY NON-PARTY TO PRODUCTION OF RECORDS
1. D I object to the production of all of my records specified in the subpoena.
2. D I object only to the production of the following specified records:
3. The specific grounds for my objection are as follows:
Date:
(TYPE OR PRINT NAME)
► (SIGNATURE)
(Proof of service on reverse) Page 1 of2
Fonn Adopted for Mandatory Use Codeof Civil Procedure,
Judicial Council of California NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION §§ 1985.3. 1985.6,
SUBP-025 [Rev. January 1, 2008] 2020.010-2020.510
www.courts.c.a.gov
1
ATTACHMENT 3
2
DEFINITIONS
3
Words in CAPITALS are defined as follows:
4
1. “PERSON” includes a natural person, firm, association, organization, partnership,
5
business, trust, corporation, or other entity.
6
2. “YOU” or “YOUR” shall mean and refer to Wells Fargo (or its affiliated entities)
7
and any and all agents, employees, and/or anyone else acting on its behalf.
8
3. “ANY” as used in these requests includes the word “ALL,” and the word “ALL”
9
as used in these requests includes the word “ANY.”
10
4. “ALL” shall be construed in these requests to include the term “EACH” and
11
“EACH” shall be construed in these requests to include the term “ALL.”
12
5. “RELATING TO” or “REGARDING” a given subject shall mean and refer to
13
anything that states, deals with, comments on, responds to, describes, analyzes, constitutes,
14
contains, embodies, comprises, reflects, identifies, or is in ANY way pertinent to that subject.
15
6. “CORRESPONDENCE” or “COMMUNICATION” means any oral, written or
16
symbolic expression by which information is exchanged, whether between or among individuals,
17
companies, businesses or governmental entities, and includes, without limitation, any written
18
contact by such means as letters, memoranda, notes, messages, telegrams, telexes, telecopies, or
19
any other documents, and any oral contact by such means as meetings, discussions, telephone
20
calls, seminars, or conferences.
21
7. “JACKSON ACCOUNT” shall mean and refer to the account identified by the
22
number 8521715374, as listed in the “For” space at the bottom of the check attached hereto as
23
Exhibit A.
24
8. “DOCUMENT” and “DOCUMENTS” mean the same as the definition of
25
“writing” described by Evidence Code Section 250 including but not limited to all written,
26
recorded, or graphic matters however produced or reproduced, whether or not privileged,
27
including, but not limited to, any and all originals, copies or drafts or any and all of the
28
1
REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO LEGACY OF FAITH PARTNERS, INC.
1 following: letters, correspondence, telegrams, telexes, or cables prepared, drafted, received or
2 sent; memoranda, records, minutes, files, or diaries; microfilm, microfiche, x-rays, computer
3 media, and videotapes; notes, summaries, reports, forecasts or appraisals; memoranda or records
4 of telephone or in-person conversations by or with any persons; office or interoffice
5 communications; contracts, agreements, estimates, bids, or change orders; drawings, sketches,
6 diagrams or blueprints; schedules, orders or acknowledgments; invoices, receipts or checks;
7 bulletins, circulars, pamphlets, manuals or advertising brochures; studies, analyses, charts,
8 indices, logs or reports; accounting records or worksheets; computer programs or data or other
9 graphic, symbolic, recorded or written materials of any nature whatsoever; books, records, files,
10 papers, notes or charts.
11 9. “TRANSFER” or “TRANSFERS” shall mean every method of parting with
12 one’s property or an interest in one’s property. A transfer includes any method of parting with
13 one’s property including methods which are direct, indirect, absolute, conditional, voluntary
14 and/or involuntary
15 10. “ASSETS” shall mean and include any property of any kind that an individual
16 owns, including but not limited to real property, personal property, cash, stocks, bonds, and/or
17 notes entered into in an individual’s favor.
18 11. “LIABILTIIES” OR “DEBTS” shall mean and refer to a debt or financial
19 obligation for which an individual is responsible for.
20 12. Unless otherwise set forth below, the date range for documents to be produced
21 shall be June 1, 2017 through the date of YOUR responses to these requests.
22 13. DOCUMENTS shall be produced in their original file folders, or in lieu thereof,
23 ANY writing on the file folder from which EACH such DOCUMENT is taken shall be copied
24 and appended to such DOCUMENT and the PERSON for whom or department, division, or
25 office for which the DOCUMENT or the file folder is maintained shall be identified.
26 14. In the event that ANY DOCUMENT called for by these requests is to be withheld
27 on the basis of a claim of privilege or immunity from discovery, that DOCUMENT is to be
28 identified in a log by stating: (i) ANY addressor and addressee; (ii) ANY indicated or blind
2
REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO LEGACY OF FAITH PARTNERS, INC.
1 copy; (iii) the DOCUMENT’S date, subject matter, number of pages, and attachments or
2 appendices; (iv) ALL PERSONS to whom the DOCUMENT was distributed, shown, or
3 explained; (v) its present custodian; and (vi) the nature of the privilege or immunity asserted.
4 15. In the event that ANY DOCUMENT called for by these requests is redacted, in
5 whole or in part, the portion of the DOCUMENT that has been redacted shall be identified on the
6 document, and a log shall be prepared that sets forth the basis for EACH such redaction.
7 16. In the event that ANY DOCUMENT called for by these requests has been
8 destroyed or discarded, that DOCUMENT is to be identified by stating: (i) ANY addressor and
9 addressee; (ii) ANY indicated or blind copies; (iii) the DOCUMENT’S date, subject matter,
10 number of pages, and attachments or appendices; (iv) ALL PERSONS to whom the
11 DOCUMENT was distributed, shown, or explained; (v) the date of destruction or discard; (vi)
12 the PERSONS who were authorized to carry out such destruction or discard; and (vii) whether
13 ANY copies of the DOCUMENT presently exist and, if so, the name of the custodian of EACH
14 copy.
15 17. Pursuant to Code Civ. P. §2031.030(a)(2), all electronically stored information
16 shall be produced in its original, unaltered, native format, with all original metadata and load
17 files included. The information may be produced to the Requesting Party on digital media (such
18 as CD, DVD, USB flash drive, or external hard drive).
19 18. The time frame for the requests below shall be from January 1, 2016 through the
20 date of YOUR responses to these requests.
21
22 REQUESTS
23 1. ANY and ALL DOCUMENTS that refer to or reflect ANY and ALL financial
24 accounts held in the name of Gene Jackson and/or Barbara Jackson, including but not
25 limited to ANY and all statements for any such accounts.
26 2. ANY and ALL DOCUMENTS and COMMUNICATIONS that refer to any credit
27 cards held in the name of Gene Jackson and/or Barbara Jackson, including but not
28 limited to any and all statements for any credit cards held in the name of Gene
3
REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO LEGACY OF FAITH PARTNERS, INC.
1 Jackson, and/or Barbara Jackson.
2 3. ANY and ALL DOCUMENTS that refer to or reflect the JACKSON ACCOUNT,
3 including but not limited to any and all statements for that account.
4 4. Any and all DOCUMENTS that refer to or reflect to any loans or lines of credit
5 provided by YOU to Gene Jackson and/or Barbara Jackson, including but not limited
6 to any and all statements for any such loans or lines of credit.
7
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4
REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO LEGACY OF FAITH PARTNERS, INC.
Legacy of Faith Partners, Inc.
dba Optimum Property · 7237
PO Bo,c 2218 11·3511210
Rocklin. CA 956n
DATE . 1-f YZ
PAY
TO THE /c
ORDER OF ---:---..w:_:;__:..: �
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__:_-;.,L:=---- -------------I$ //Jl?
ILLARS
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Bank cl America
RocklonCA
•· FOR J&.1 ,.._i:, ,., - tfn n1t,m ,,
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L. -.,-. ��□ !2 �� �2 !;12 0 J �•: ..
EXHIBIT
REDACTED
A
1 PROOF OF SERVICE
2
I am employed in the County of Contra Costa, State of California. I am over the age of
3 18 years, and not a party to the within action. My business address is: 200 Pringle Avenue, Suite
400, Walnut Creek, California. On the date set forth below I served the following documents
4 described as:
5 NOTICE TO CONSUMER – Gene Jackson
6 on the parties or attorneys for parties in this action who are identified below, using the following
means of service.
7
Stephan M. Brown, Esq. Attorneys for Gene Jackson, Legacy of Faith
8 Daniel Griffin, Esq. Partners, Inc. and Philantrepreneur, Inc.
NewPoint Law Group, LLP Tel: 800-358-0305
9 3300 Douglas Boulevard, Suite 100 Email: sbrown@newpointlaw.com;
Roseville, CA 95661 dgriffin@newpointlaw.com
10
Corey Hall, Esq. Co-Counsel for Defendants
11 Hall Law Group, APC Tel: 949-203-1682
523 N. Fairview Street Email: Corey@HallTrialAttorney.com
12 Santa Ana, CA 92703
13 X BY ELECTRONIC TRANSMISSION. I caused a true and correct copy of the
aforementioned document to be transmitted to each of the parties at the electronic
14 notification address last given by said party on any document which he or she has
filed in this action and served upon this office.
15 Date of electronic transmission: October 8, 2020Time: Originating electronic
notification address: dmeadors@bgwcounsel.com. Said electronic transmission
16 was reported as complete and without error.
17
X I declare under penalty of perjury under the laws of the State of California that the
18 foregoing is true and correct.
19
Executed on October 8, 2020, at Concord, California.
20
21 /s/ Donna J. Meadors
DONNA J. MEADORS
22
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PROOF OF SERVICE
SUBP-025
ATTORNEY OR PARlY WITHOUT ATTORNEY (Name, State Bar number, and address):
FOR COURT USE ONLY
KATHERINE F. WENGER/CA SB# 223045
BROWN, GEE & WENGER
200 Pringle Avenue, Suite 400
Walnut Creek, CA 94596
TELEPHONE NO. (925) 943-5000 FAX NO. (Optional):
kwenger@bgwcounsel.com
E-MAIL ADDRESS (Optional):
Plaintiffs James and Andrea Carter
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER
10820 JUSTICE CENTER DRIVE
STREET ADDRESS:
MAILING ADDRESS:
ROSEVILLE, CA 95678
CllY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/ PETITIONER: JAMES W. CARTER, et al. CASE NUMBER:
DEFENDANT/ RESPONDENT: GENE JACKSON, et al. SCV0042132
NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION
(Code Civ. Proc.,§§ 1985.3,1985.6)
NOTICE TO CONSUMER OR EMPLOYEE
TO (name): GENE JACKSON, 2930 Dry Gulch Court, Rocklin, CA 95677
1. PLEASE TAKE NOTICE THAT REQUESTING PARTY (name): James W. Carter and Andrea J. Carter, Trustees
SEEKS YOUR RECORDS FOR EXAMINATION by the parties to this action on (specify date): 11/6/30
The records are described in the subpoena directed to witness (specify name and address of person or entity from whom records
are sought):CARMAX AUTO
A copy of the subpoena is attached.
2. IF YOU OBJECT to the production of these records, YOU MUST DO ONE OF THE FOLLOWING BEFORE THE DATE
SPECIFIED. IN ITEM a. OR b. BELOW:
a. If you are a party to the above-entitled action, you must file a motion pursuant to Code of Civil Procedure section 1987.1 to
quash or modify the subpoena and give notice of that motion to the witness and the deposition officer named in the subpoena
at least five days before the date set for production of the records.
b. If you are not a party to this action, you must serve on the requesting party and on the witness, before the date set for
production of the records, a written objection that states the specific grounds on which production of such records should be
prohibited. You may use the form below to object and state the grounds for your objection. You must complete the Proof of
Service on the reverse side indicating whether you personally served or mailed the objection. The objection should not be filed
with the court. WARNING: IF YOUR OBJECTION IS NOT RECEIVED BEFORE THE DATE SPECIFIED IN ITEM 1, YOUR
RECORDS MAY BE PRODUCED AND MAY BE AVAILABLE TO ALL PARTIES.
3. YOU OR YOUR ATTORNEY MAY CONTACT THE UNDERSIGNED to determine whether an agreement can be reached in writing
to cancel or limit the scope of the subpoena. If no such agreement is reached, and if you are not otherwise represented by an
attorney in this action, YOU SHOULD CONSULT AN ATTORNEY TO ADVISE YOU OF YOUR RIGHTS OF PRIVACY.
Date: 10.6.2020
KATHERINE F. WENGER
(TYPE OR PRINT NAME}
OBJECTION BY NON-PARTY TO PRODUCTION OF RECORDS
1. D I object to the production of all of my records specified in the subpoena.
2. D I object only to the production of the following specified records:
3. The specific grounds for my objection are as follows:
Date:
(TYPE OR PRINT NAME)
► (SIGNATURE)
(Proof of service on reverse) Page 1 of2
Form Adoptea ror Mandatory use Code of Civil Procedure,
Judicial Council of California NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION §§ 1985.3. 1985.6,
SUBP-025 [Rev. January 1, 2008) 2020.010-2020.510
www.courls.ca.gov
1
ATTACHMENT 3
2
DEFINITIONS
3
Words in CAPITALS in this request for production of documents are defined as follows:
4
1. “PERSON” includes a natural person, firm, association, organization, partnership,
5
business, trust, corporation, or other entity.
6
2. “YOU” or “YOUR” shall mean and refer to Carmax Auto (and/or any of its
7
affiliated entities) and any and all agents, employees, and/or anyone else acting on its behalf.
8
3. “ANY” as used in these requests includes the word “ALL,” and the word “ALL”
9
as used in these requests includes the word “ANY.”
10
4. “ALL” shall be construed in these requests to include the term “EACH” and
11
“EACH” shall be construed in these requests to include the term “ALL.”
12
5. “RELATING TO” or “REGARDING” a given subject shall mean and refer to
13
anything that states, deals with, comments on, responds to, describes, analyzes, constitutes,
14
contains, embodies, comprises, reflects, identifies, or is in ANY way pertinent to that subject.
15
6. “CORRESPONDENCE” or “COMMUNICATION” means any oral, written or
16
symbolic expression by which information is exchanged, whether between or among individuals,
17
companies, businesses or governmental entities, and includes, without limitation, any written
18
contact by such means as letters, memoranda, notes, messages, telegrams, telexes, telecopies, or
19
any other documents, and any oral contact by such means as meetings, discussions, telephone
20
calls, seminars, or conferences.
21
7. “JACKSON ACCOUNT(S)” shall mean and refer to any and all accounts
22
identified in the “For” line of the check attached hereto as Exhibits A-C (as highlighted).
23
8. “DOCUMENT” and “DOCUMENTS” mean the same as the definition of
24
“writing” described by Evidence Code Section 250 including but not limited to all written,
25
recorded, or graphic matters however produced or reproduced, whether or not privileged,
26
including, but not limited to, any and all originals, copies or drafts or any and all of the
27
following: letters, correspondence, telegrams, telexes, or cables prepared, drafted, received or
28
1
REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO LEGACY OF FAITH PARTNERS, INC.
1 sent; memoranda, records, minutes, files, or diaries; microfilm, microfiche, x-rays, computer
2 media, and videotapes; notes, summaries, reports, forecasts or appraisals; memoranda or records
3 of telephone or in-person conversations by or with any persons; office or interoffice
4 communications; contracts, agreements, estimates, bids, or change orders; drawings, sketches,
5 diagrams or blueprints; schedules, orders or acknowledgments; invoices, receipts or checks;
6 bulletins, circulars, pamphlets, manuals or advertising brochures; studies, analyses, charts,
7 indices, logs or reports; accounting records or worksheets; computer programs or data or other
8 graphic, symbolic, recorded or written materials of any nature whatsoever; books, records, files,
9 papers, notes or charts.
10 9. “TRANSFER” or “TRANSFERS” shall mean every method of parting with
11 one’s property or an interest in one’s property. A transfer includes any method of parting with
12 one’s property including methods which are direct, indirect, absolute, conditional, voluntary
13 and/or involuntary
14 10. “ASSETS” shall mean and include any property of any kind that an individual
15 owns, including but not limited to real property, personal property, cash, stocks, bonds, and/or
16 notes entered into in an individual’s favor.
17 11. “LIABILTIIES” OR “DEBTS” shall mean and refer to a debt or financial
18 obligation for which an individual is responsible for.
19 12. Unless otherwise set forth below, the date range for documents to be produced
20 shall be June 1, 2017 through the date of YOUR responses to these requests.
21 13. DOCUMENTS shall be produced in their original file folders, or in lieu thereof,
22 ANY writing on the file folder from which EACH such DOCUMENT is taken shall be copied
23 and appended to such DOCUMENT and the PERSON for whom or department, division, or
24 office for which the DOCUMENT or the file folder is maintained shall be identified.
25 14. In the event that ANY DOCUMENT called for by these requests is to be withheld
26 on the basis of a claim of privilege or immunity from discovery, that DOCUMENT is to be
27 identified in a log by stating: (i) ANY addressor and addressee; (ii) ANY indicated or blind
28 copy; (iii) the DOCUMENT’S date, subject matter, number of pages, and attachments or
2
REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO LEGACY OF FAITH PARTNERS, INC.
1 appendices; (iv) ALL PERSONS to whom the DOCUMENT was distributed, shown, or
2 explained; (v) its present custodian; and (vi) the nature of the privilege or immunity asserted.
3 15. In the event that ANY DOCUMENT called for by these requests is redacted, in
4 whole or in part, the portion of the DOCUMENT that has been redacted shall be identified on the
5 document, and a log shall be prepared that sets forth the basis for EACH such redaction.
6 16. In the event that ANY DOCUMENT called for by these requests has been
7 destroyed or discarded, that DOCUMENT is to be identified by stating: (i) ANY addressor and
8 addressee; (ii) ANY indicated or blind copies; (iii) the DOCUMENT’S date, subject matter,
9 number of pages, and attachments or appendices; (iv) ALL PERSONS to whom the
10 DOCUMENT was distributed, shown, or explained; (v) the date of destruction or discard; (vi)
11 the PERSONS who were authorized to carry out such destruction or discard; and (vii) whether
12 ANY copies of the DOCUMENT presently exist and, if so, the name of the custodian of EACH
13 copy.
14 17. Pursuant to Code Civ. P. §2031.030(a)(2), all electronically stored information
15 shall be produced in its original, unaltered, native format, with all original metadata and load
16 files included. The information may be produced to the Requesting Party on digital media (such
17 as CD, DVD, USB flash drive, or external hard drive)
18
19 REQUESTS
20 1. ANY and ALL DOCUMENTS that refer to or reflect the JACKSON ACCOUNT(S),
21 including but not limited to any and all statements for any of those accounts from
22 January 1, 2016 through the date of YOUR response to this subpoena
23 2. ANY and ALL DOCUMENTS that refer to or reflect any loan issued to Gene and/or
24 Barbara Jackson from January 1, 2016 through the date of YOUR response to this
25 subpoena.
26 3. ANY and ALL DOCUMENTS that refer to or reflect any payments received on the
27 JACKSON ACCOUNT(S) from January 1, 2016 through the date of YOUR response
28 to this subpoena.
3
REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO LEGACY OF FAITH PARTNERS, INC.
1 4. ANY and ALL DOCUMENTS that refer to or reflect any payments received in
2 relation to any loan issued to Gene and/or Barbara Jackson from January 1, 2016
3 through the date of YOUR response to this subpoena.
4 5. ANY and ALL DOCUMENTS that refer to or reflect any vehicle owned by Barbara
5 and/or Gene Jackson from January 1, 2016 through the date of YOUR response to
6 this subpoena.
7 6. ANY and ALL DOCUMENTS that refer to or reflect any vehicles owned by
8 Philantrepreneur, Inc.
9 7. ANY and ALL DOCUMENTS that refer to or reflect any vehicles owned by Legacy
10 of Faith Partners, Inc.
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4
REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO LEGACY OF FAITH PARTNERS, INC.
EXHIBIT A
REDACTED
EXHIBIT B
REDACTED
EXHIBIT C
REDACTED
1 PROOF OF SERVICE
2
I am employed in the County of Contra Costa, State of California. I am over the age of
3 18 years, and not a party to the within action. My business address is: 200 Pringle Avenue, Suite
400, Walnut Creek, California. On the date set forth below I served the following documents
4 described as:
5 NOTICE TO CONSUMER – Gene Jackson
6 on the parties or attorneys for parties in this action who are identified below, using the following
means of service.
7
Stephan M. Brown, Esq. Attorneys for Gene Jackson, Legacy of Faith
8 Daniel Griffin, Esq. Partners, Inc. and Philantrepreneur, Inc.
NewPoint Law Group, LLP Tel: 800-358-0305
9 3300 Douglas Boulevard, Suite 100 Email: sbrown@newpointlaw.com;
Roseville, CA 95661 dgriffin@newpointlaw.com
10
Corey Hall, Esq. Co-Counsel for Defendants
11 Hall Law Group, APC Tel: 949-203-1682
523 N. Fairview Street Email: Corey@HallTrialAttorney.com
12 Santa Ana, CA 92703
13 X BY ELECTRONIC TRANSMISSION. I caused a true and correct copy of the
aforementioned document to be transmitted to each of the parties at the electronic
14 notification address last given by said party on any document which he or she has
filed in this action and served upon this office.
15 Date of electronic transmission: October 8, 2020Time: Originating electronic
notification address: dmeadors@bgwcounsel.com. Said electronic transmission
16 was reported as complete and without error.
17
X I declare under penalty of perjury under the laws of the State of California that the
18 foregoing is true and correct.
19
Executed on October 8, 2020, at Concord, California.
20
21 /s/ Donna J. Meadors
DONNA J. MEADORS
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PROOF OF SERVICE
Preview
1 STEPHAN M. BROWN (SBN: 300563) DANIEL J. GRIFFIN (SBN: 311236) 10/29/2020 2 NewPoint Law Group, LLP 3300 Douglas Blvd., Suite 100 3 Roseville, CA 95661 800-358-0305 4 916-242-8588 (fax) sbrown@newpointlaw.com 5 dgriffin@newpointlaw.com 6 Attorneys for Defendants, Gene Jackson, Philantrepreneur, Inc. 7 and Legacy of Faith Partners, Inc. 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF PLACER 10 11 JAMES W. CARTER and ANDREA J. CASE NO. SCV0042132 NEWPOINT LAW GROUP, LLP 12 CARTER, as Trustees of the Carter Family Trust, dated October 21, 2010 DECLARATION OF DANIEL GRIFFIN IN 13 SUPPORT OF MOTION AND MOTION TO Plaintiffs, QUASH OR MODIFY SUBPOENAS – WELLS 14 FARGO BANK, CARMAX, AND MECHANICS v. BANK 15 Complaint Filed: November 14, 2018 16 GENE JACKSON, an individual, PHILANTREPRENEUR, INC., a Nevada Date: December 17, 2020 17 Non-Profit Corporation; and LEGACY OF Time: 8:30 a.m. FAITH PARTNERS, INC. a Nevada Non- Dept.: 42 18 Profit Corporation, and DOES 1 19 THROUGH 50, 20 Defendants. 21 I, Daniel Griffin, declare as follows: 22 1. The matters and things herein set forth are within my personal knowledge and, if 23 called as a witness, I would and could competently testify thereto. 24 2. I am a partner at NewPoint Law Group, LLP, counsel of record for defendants 25 Gene Jackson, Philantrepreneur, Inc., and Legacy of Faith Partners, Inc. 26 27 3. On October 28, 2020, I emailed counsel for Plaintiffs a draft copy of the motion 28 and memorandum of points and authorities to quash or modify the subpoenas for consumer and 1 DECLARATION OF DANIEL GRIFFIN IN SUPPORT OF MOTION AND MOTION TO QUASH OR MODIFY SUBPOENA___________ EXHIBIT A Daniel Griffin From: Daniel Griffin Sent: Wednesday, October 28, 2020 6:01 PM To: Katherine Wenger; Donna Meadors Cc: Stephan Brown; Karen Davis Subject: Carters v. Philantrepreneur - Meet and Confer re: Subpoenas Attachments: NM Quash Subpoena-Jackson.docx; MPA.docx Good evening Katherine, Please find attached a draft of Mr. Jackson’s motion and memorandum of points and authorities to be filed regarding the subpoenas for consumer and business records from Wells Fargo, Carmax, and Mechanics Bank. Please contact us if your clients are willing to discuss modifying the scope of these subpoenas as provided in the motion. Otherwise, while we intend to file the joint motion by tomorrow, we remain open to discussing this matter at any point prior to the opposition deadline. Dan Griffin Partner NewPoint Law Group, LLP newpointlaw.com dgriffin@newpointlaw.com Phone: (800) 358-0305 Fax: (916) 242-8588 3300 Douglas Blvd, Suite 100 Roseville, CA 95661 This transmission is intended only for the addressee, and may contain privileged and/or confidential information.If you are not the intended recipient, please do not use, disseminate, or copy this material. If you have received this transmission in error, please notify us immediately by telephone, return this transmission, and delete or destroy any copies (digital or paper). Thank you. 1 EXHIBIT B SUBP-025 ATTORNEY OR PARTY WITHOUTATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY KATHERINE F. WENGER/CA SB# 223045 BROWN, GEE & WENGER 200 Pringle Avenue, Suite 400 Walnut Creek, CA 94596 TELEPHONE NO. (925) 943-5000 FAX NO. (Optional): E-MAIL ADDRESS (Optionalj: kwenger@bgwcounsel.com ATTORNEY FOR (NameJ: Plaintiffs James and Andrea Carter SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER STREET ADDRESS 10820 JUSTICE CENTER DRIVE MAILING ADDRESS: CITYANDZIPCODE:ROSEVILLE, CA 95678 BRANCH NAME: PLAINTIFF/ PETITIONER: JAMES W. CARTER. et al. CASE NUMBER: DEFENDANT/ RESPONDENT: GENE JACKSON, et al. SCV0042132 NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION (Code Civ. Proc.,§§ 1985.3,1985.6) NOTICE TO CONSUMER OR EMPLOYEE TO (name): GENE JACKSON, 2930 Dry Gulch Court, Rocklin, CA 95677 1. PLEASE TAKE NOTICE THAT REQUESTING PARTY (name): James W. Carter and Andrea J. Carter, Trustees SEEKS YOUR RECORDS FOR EXAMINATION by the parties to this action on (specify date): 11/6/20 The records are described in the subpoena directed to witness (specify name and address of person or entity from whom records are sought): Wells Fargo Bank, NA A copy of the subpoena is attached. 2. IF YOU OBJECT to the production of these records, YOU MUST DO ONE OF THE FOLLOWING BEFORE THE DATE SPECIFIED. IN ITEM a. OR b. BELOW: a. If you are a party to the above-entitled action, you must file a motion pursuant to Code of Civil Procedure section 1987.1 to quash or modify the subpoena and give notice of that motion to the witness and the deposition officer named in the subpoena at least five days before the date set for production of the records. b. If you are not a party to this action, you must serve on the requesting party and on the witness, before the date set for production of the records, a written objection that states the specific grounds on which production of such records should be prohibited. You may use the form below to object and state the grounds for your objection. You must complete the Proof of Service on the reverse side indicating whether you personally served or mailed the objection. The objection should not be filed with the court. WARNING: IF YOUR OBJECTION IS NOT RECEIVED BEFORE THE DATE SPECIFIED IN ITEM 1, YOUR RECORDS MAY BE PRODUCED AND MAY BE AVAILABLE TO ALL PARTIES. 3. YOU OR YOUR ATTORNEY MAY CONTACT THE UNDERSIGNED to determine whether an agreement can be reached in writing to cancel or limit the scope of the subpoena. If no such agreement is reached, and if you are not otherwise represented by an attorney in this action, YOU SHOULD CONSULT AN ATTORNEY TO ADVISE YOU OF YOUR RIGHTS OF PRIVACY. Date: 10.6.2020 KATHERINE F. WENGER (TYPE OR PRINT NAME) ► \st!+euuu � O REQUESTING PARTY (SIGrJi..TuRE m ATTORNEY} OBJECTION BY NON-PARTY TO PRODUCTION OF RECORDS 1. D I object to the production of all of my records specified in the subpoena. 2. D I object only to the production of the following specified records: 3. The specific grounds for my objection are as follows: Date: (TYPE OR PRINT NAME) ► (SIGNATURE) (Proof of service on reverse) Page 1 of2 Fonn Adopted for Mandatory Use Codeof Civil Procedure, Judicial Council of California NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION §§ 1985.3. 1985.6, SUBP-025 [Rev. January 1, 2008] 2020.010-2020.510 www.courts.c.a.gov 1 ATTACHMENT 3 2 DEFINITIONS 3 Words in CAPITALS are defined as follows: 4 1. “PERSON” includes a natural person, firm, association, organization, partnership, 5 business, trust, corporation, or other entity. 6 2. “YOU” or “YOUR” shall mean and refer to Wells Fargo (or its affiliated entities) 7 and any and all agents, employees, and/or anyone else acting on its behalf. 8 3. “ANY” as used in these requests includes the word “ALL,” and the word “ALL” 9 as used in these requests includes the word “ANY.” 10 4. “ALL” shall be construed in these requests to include the term “EACH” and 11 “EACH” shall be construed in these requests to include the term “ALL.” 12 5. “RELATING TO” or “REGARDING” a given subject shall mean and refer to 13 anything that states, deals with, comments on, responds to, describes, analyzes, constitutes, 14 contains, embodies, comprises, reflects, identifies, or is in ANY way pertinent to that subject. 15 6. “CORRESPONDENCE” or “COMMUNICATION” means any oral, written or 16 symbolic expression by which information is exchanged, whether between or among individuals, 17 companies, businesses or governmental entities, and includes, without limitation, any written 18 contact by such means as letters, memoranda, notes, messages, telegrams, telexes, telecopies, or 19 any other documents, and any oral contact by such means as meetings, discussions, telephone 20 calls, seminars, or conferences. 21 7. “JACKSON ACCOUNT” shall mean and refer to the account identified by the 22 number 8521715374, as listed in the “For” space at the bottom of the check attached hereto as 23 Exhibit A. 24 8. “DOCUMENT” and “DOCUMENTS” mean the same as the definition of 25 “writing” described by Evidence Code Section 250 including but not limited to all written, 26 recorded, or graphic matters however produced or reproduced, whether or not privileged, 27 including, but not limited to, any and all originals, copies or drafts or any and all of the 28 1 REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO LEGACY OF FAITH PARTNERS, INC. 1 following: letters, correspondence, telegrams, telexes, or cables prepared, drafted, received or 2 sent; memoranda, records, minutes, files, or diaries; microfilm, microfiche, x-rays, computer 3 media, and videotapes; notes, summaries, reports, forecasts or appraisals; memoranda or records 4 of telephone or in-person conversations by or with any persons; office or interoffice 5 communications; contracts, agreements, estimates, bids, or change orders; drawings, sketches, 6 diagrams or blueprints; schedules, orders or acknowledgments; invoices, receipts or checks; 7 bulletins, circulars, pamphlets, manuals or advertising brochures; studies, analyses, charts, 8 indices, logs or reports; accounting records or worksheets; computer programs or data or other 9 graphic, symbolic, recorded or written materials of any nature whatsoever; books, records, files, 10 papers, notes or charts. 11 9. “TRANSFER” or “TRANSFERS” shall mean every method of parting with 12 one’s property or an interest in one’s property. A transfer includes any method of parting with 13 one’s property including methods which are direct, indirect, absolute, conditional, voluntary 14 and/or involuntary 15 10. “ASSETS” shall mean and include any property of any kind that an individual 16 owns, including but not limited to real property, personal property, cash, stocks, bonds, and/or 17 notes entered into in an individual’s favor. 18 11. “LIABILTIIES” OR “DEBTS” shall mean and refer to a debt or financial 19 obligation for which an individual is responsible for. 20 12. Unless otherwise set forth below, the date range for documents to be produced 21 shall be June 1, 2017 through the date of YOUR responses to these requests. 22 13. DOCUMENTS shall be produced in their original file folders, or in lieu thereof, 23 ANY writing on the file folder from which EACH such DOCUMENT is taken shall be copied 24 and appended to such DOCUMENT and the PERSON for whom or department, division, or 25 office for which the DOCUMENT or the file folder is maintained shall be identified. 26 14. In the event that ANY DOCUMENT called for by these requests is to be withheld 27 on the basis of a claim of privilege or immunity from discovery, that DOCUMENT is to be 28 identified in a log by stating: (i) ANY addressor and addressee; (ii) ANY indicated or blind 2 REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO LEGACY OF FAITH PARTNERS, INC. 1 copy; (iii) the DOCUMENT’S date, subject matter, number of pages, and attachments or 2 appendices; (iv) ALL PERSONS to whom the DOCUMENT was distributed, shown, or 3 explained; (v) its present custodian; and (vi) the nature of the privilege or immunity asserted. 4 15. In the event that ANY DOCUMENT called for by these requests is redacted, in 5 whole or in part, the portion of the DOCUMENT that has been redacted shall be identified on the 6 document, and a log shall be prepared that sets forth the basis for EACH such redaction. 7 16. In the event that ANY DOCUMENT called for by these requests has been 8 destroyed or discarded, that DOCUMENT is to be identified by stating: (i) ANY addressor and 9 addressee; (ii) ANY indicated or blind copies; (iii) the DOCUMENT’S date, subject matter, 10 number of pages, and attachments or appendices; (iv) ALL PERSONS to whom the 11 DOCUMENT was distributed, shown, or explained; (v) the date of destruction or discard; (vi) 12 the PERSONS who were authorized to carry out such destruction or discard; and (vii) whether 13 ANY copies of the DOCUMENT presently exist and, if so, the name of the custodian of EACH 14 copy. 15 17. Pursuant to Code Civ. P. §2031.030(a)(2), all electronically stored information 16 shall be produced in its original, unaltered, native format, with all original metadata and load 17 files included. The information may be produced to the Requesting Party on digital media (such 18 as CD, DVD, USB flash drive, or external hard drive). 19 18. The time frame for the requests below shall be from January 1, 2016 through the 20 date of YOUR responses to these requests. 21 22 REQUESTS 23 1. ANY and ALL DOCUMENTS that refer to or reflect ANY and ALL financial 24 accounts held in the name of Gene Jackson and/or Barbara Jackson, including but not 25 limited to ANY and all statements for any such accounts. 26 2. ANY and ALL DOCUMENTS and COMMUNICATIONS that refer to any credit 27 cards held in the name of Gene Jackson and/or Barbara Jackson, including but not 28 limited to any and all statements for any credit cards held in the name of Gene 3 REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO LEGACY OF FAITH PARTNERS, INC. 1 Jackson, and/or Barbara Jackson. 2 3. ANY and ALL DOCUMENTS that refer to or reflect the JACKSON ACCOUNT, 3 including but not limited to any and all statements for that account. 4 4. Any and all DOCUMENTS that refer to or reflect to any loans or lines of credit 5 provided by YOU to Gene Jackson and/or Barbara Jackson, including but not limited 6 to any and all statements for any such loans or lines of credit. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO LEGACY OF FAITH PARTNERS, INC. Legacy of Faith Partners, Inc. dba Optimum Property · 7237 PO Bo,c 2218 11·3511210 Rocklin. CA 956n DATE . 1-f YZ PAY TO THE /c ORDER OF ---:---..w:_:;__:..: � �f:....:,.> ' _ � __:_-;.,L:=---- -------------I$ //Jl? ILLARS {n ==-- Bank cl America RocklonCA •· FOR J&.1 ,.._i:, ,., - tfn n1t,m ,, � L. -.,-. ��□ !2 �� �2 !;12 0 J �•: .. EXHIBIT REDACTED A 1 PROOF OF SERVICE 2 I am employed in the County of Contra Costa, State of California. I am over the age of 3 18 years, and not a party to the within action. My business address is: 200 Pringle Avenue, Suite 400, Walnut Creek, California. On the date set forth below I served the following documents 4 described as: 5 NOTICE TO CONSUMER – Gene Jackson 6 on the parties or attorneys for parties in this action who are identified below, using the following means of service. 7 Stephan M. Brown, Esq. Attorneys for Gene Jackson, Legacy of Faith 8 Daniel Griffin, Esq. Partners, Inc. and Philantrepreneur, Inc. NewPoint Law Group, LLP Tel: 800-358-0305 9 3300 Douglas Boulevard, Suite 100 Email: sbrown@newpointlaw.com; Roseville, CA 95661 dgriffin@newpointlaw.com 10 Corey Hall, Esq. Co-Counsel for Defendants 11 Hall Law Group, APC Tel: 949-203-1682 523 N. Fairview Street Email: Corey@HallTrialAttorney.com 12 Santa Ana, CA 92703 13 X BY ELECTRONIC TRANSMISSION. I caused a true and correct copy of the aforementioned document to be transmitted to each of the parties at the electronic 14 notification address last given by said party on any document which he or she has filed in this action and served upon this office. 15 Date of electronic transmission: October 8, 2020Time: Originating electronic notification address: dmeadors@bgwcounsel.com. Said electronic transmission 16 was reported as complete and without error. 17 X I declare under penalty of perjury under the laws of the State of California that the 18 foregoing is true and correct. 19 Executed on October 8, 2020, at Concord, California. 20 21 /s/ Donna J. Meadors DONNA J. MEADORS 22 23 24 25 26 27 28 PROOF OF SERVICE SUBP-025 ATTORNEY OR PARlY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY KATHERINE F. WENGER/CA SB# 223045 BROWN, GEE & WENGER 200 Pringle Avenue, Suite 400 Walnut Creek, CA 94596 TELEPHONE NO. (925) 943-5000 FAX NO. (Optional): kwenger@bgwcounsel.com E-MAIL ADDRESS (Optional): Plaintiffs James and Andrea Carter ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF PLACER 10820 JUSTICE CENTER DRIVE STREET ADDRESS: MAILING ADDRESS: ROSEVILLE, CA 95678 CllY AND ZIP CODE: BRANCH NAME: PLAINTIFF/ PETITIONER: JAMES W. CARTER, et al. CASE NUMBER: DEFENDANT/ RESPONDENT: GENE JACKSON, et al. SCV0042132 NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION (Code Civ. Proc.,§§ 1985.3,1985.6) NOTICE TO CONSUMER OR EMPLOYEE TO (name): GENE JACKSON, 2930 Dry Gulch Court, Rocklin, CA 95677 1. PLEASE TAKE NOTICE THAT REQUESTING PARTY (name): James W. Carter and Andrea J. Carter, Trustees SEEKS YOUR RECORDS FOR EXAMINATION by the parties to this action on (specify date): 11/6/30 The records are described in the subpoena directed to witness (specify name and address of person or entity from whom records are sought):CARMAX AUTO A copy of the subpoena is attached. 2. IF YOU OBJECT to the production of these records, YOU MUST DO ONE OF THE FOLLOWING BEFORE THE DATE SPECIFIED. IN ITEM a. OR b. BELOW: a. If you are a party to the above-entitled action, you must file a motion pursuant to Code of Civil Procedure section 1987.1 to quash or modify the subpoena and give notice of that motion to the witness and the deposition officer named in the subpoena at least five days before the date set for production of the records. b. If you are not a party to this action, you must serve on the requesting party and on the witness, before the date set for production of the records, a written objection that states the specific grounds on which production of such records should be prohibited. You may use the form below to object and state the grounds for your objection. You must complete the Proof of Service on the reverse side indicating whether you personally served or mailed the objection. The objection should not be filed with the court. WARNING: IF YOUR OBJECTION IS NOT RECEIVED BEFORE THE DATE SPECIFIED IN ITEM 1, YOUR RECORDS MAY BE PRODUCED AND MAY BE AVAILABLE TO ALL PARTIES. 3. YOU OR YOUR ATTORNEY MAY CONTACT THE UNDERSIGNED to determine whether an agreement can be reached in writing to cancel or limit the scope of the subpoena. If no such agreement is reached, and if you are not otherwise represented by an attorney in this action, YOU SHOULD CONSULT AN ATTORNEY TO ADVISE YOU OF YOUR RIGHTS OF PRIVACY. Date: 10.6.2020 KATHERINE F. WENGER (TYPE OR PRINT NAME} OBJECTION BY NON-PARTY TO PRODUCTION OF RECORDS 1. D I object to the production of all of my records specified in the subpoena. 2. D I object only to the production of the following specified records: 3. The specific grounds for my objection are as follows: Date: (TYPE OR PRINT NAME) ► (SIGNATURE) (Proof of service on reverse) Page 1 of2 Form Adoptea ror Mandatory use Code of Civil Procedure, Judicial Council of California NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION §§ 1985.3. 1985.6, SUBP-025 [Rev. January 1, 2008) 2020.010-2020.510 www.courls.ca.gov 1 ATTACHMENT 3 2 DEFINITIONS 3 Words in CAPITALS in this request for production of documents are defined as follows: 4 1. “PERSON” includes a natural person, firm, association, organization, partnership, 5 business, trust, corporation, or other entity. 6 2. “YOU” or “YOUR” shall mean and refer to Carmax Auto (and/or any of its 7 affiliated entities) and any and all agents, employees, and/or anyone else acting on its behalf. 8 3. “ANY” as used in these requests includes the word “ALL,” and the word “ALL” 9 as used in these requests includes the word “ANY.” 10 4. “ALL” shall be construed in these requests to include the term “EACH” and 11 “EACH” shall be construed in these requests to include the term “ALL.” 12 5. “RELATING TO” or “REGARDING” a given subject shall mean and refer to 13 anything that states, deals with, comments on, responds to, describes, analyzes, constitutes, 14 contains, embodies, comprises, reflects, identifies, or is in ANY way pertinent to that subject. 15 6. “CORRESPONDENCE” or “COMMUNICATION” means any oral, written or 16 symbolic expression by which information is exchanged, whether between or among individuals, 17 companies, businesses or governmental entities, and includes, without limitation, any written 18 contact by such means as letters, memoranda, notes, messages, telegrams, telexes, telecopies, or 19 any other documents, and any oral contact by such means as meetings, discussions, telephone 20 calls, seminars, or conferences. 21 7. “JACKSON ACCOUNT(S)” shall mean and refer to any and all accounts 22 identified in the “For” line of the check attached hereto as Exhibits A-C (as highlighted). 23 8. “DOCUMENT” and “DOCUMENTS” mean the same as the definition of 24 “writing” described by Evidence Code Section 250 including but not limited to all written, 25 recorded, or graphic matters however produced or reproduced, whether or not privileged, 26 including, but not limited to, any and all originals, copies or drafts or any and all of the 27 following: letters, correspondence, telegrams, telexes, or cables prepared, drafted, received or 28 1 REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO LEGACY OF FAITH PARTNERS, INC. 1 sent; memoranda, records, minutes, files, or diaries; microfilm, microfiche, x-rays, computer 2 media, and videotapes; notes, summaries, reports, forecasts or appraisals; memoranda or records 3 of telephone or in-person conversations by or with any persons; office or interoffice 4 communications; contracts, agreements, estimates, bids, or change orders; drawings, sketches, 5 diagrams or blueprints; schedules, orders or acknowledgments; invoices, receipts or checks; 6 bulletins, circulars, pamphlets, manuals or advertising brochures; studies, analyses, charts, 7 indices, logs or reports; accounting records or worksheets; computer programs or data or other 8 graphic, symbolic, recorded or written materials of any nature whatsoever; books, records, files, 9 papers, notes or charts. 10 9. “TRANSFER” or “TRANSFERS” shall mean every method of parting with 11 one’s property or an interest in one’s property. A transfer includes any method of parting with 12 one’s property including methods which are direct, indirect, absolute, conditional, voluntary 13 and/or involuntary 14 10. “ASSETS” shall mean and include any property of any kind that an individual 15 owns, including but not limited to real property, personal property, cash, stocks, bonds, and/or 16 notes entered into in an individual’s favor. 17 11. “LIABILTIIES” OR “DEBTS” shall mean and refer to a debt or financial 18 obligation for which an individual is responsible for. 19 12. Unless otherwise set forth below, the date range for documents to be produced 20 shall be June 1, 2017 through the date of YOUR responses to these requests. 21 13. DOCUMENTS shall be produced in their original file folders, or in lieu thereof, 22 ANY writing on the file folder from which EACH such DOCUMENT is taken shall be copied 23 and appended to such DOCUMENT and the PERSON for whom or department, division, or 24 office for which the DOCUMENT or the file folder is maintained shall be identified. 25 14. In the event that ANY DOCUMENT called for by these requests is to be withheld 26 on the basis of a claim of privilege or immunity from discovery, that DOCUMENT is to be 27 identified in a log by stating: (i) ANY addressor and addressee; (ii) ANY indicated or blind 28 copy; (iii) the DOCUMENT’S date, subject matter, number of pages, and attachments or 2 REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO LEGACY OF FAITH PARTNERS, INC. 1 appendices; (iv) ALL PERSONS to whom the DOCUMENT was distributed, shown, or 2 explained; (v) its present custodian; and (vi) the nature of the privilege or immunity asserted. 3 15. In the event that ANY DOCUMENT called for by these requests is redacted, in 4 whole or in part, the portion of the DOCUMENT that has been redacted shall be identified on the 5 document, and a log shall be prepared that sets forth the basis for EACH such redaction. 6 16. In the event that ANY DOCUMENT called for by these requests has been 7 destroyed or discarded, that DOCUMENT is to be identified by stating: (i) ANY addressor and 8 addressee; (ii) ANY indicated or blind copies; (iii) the DOCUMENT’S date, subject matter, 9 number of pages, and attachments or appendices; (iv) ALL PERSONS to whom the 10 DOCUMENT was distributed, shown, or explained; (v) the date of destruction or discard; (vi) 11 the PERSONS who were authorized to carry out such destruction or discard; and (vii) whether 12 ANY copies of the DOCUMENT presently exist and, if so, the name of the custodian of EACH 13 copy. 14 17. Pursuant to Code Civ. P. §2031.030(a)(2), all electronically stored information 15 shall be produced in its original, unaltered, native format, with all original metadata and load 16 files included. The information may be produced to the Requesting Party on digital media (such 17 as CD, DVD, USB flash drive, or external hard drive) 18 19 REQUESTS 20 1. ANY and ALL DOCUMENTS that refer to or reflect the JACKSON ACCOUNT(S), 21 including but not limited to any and all statements for any of those accounts from 22 January 1, 2016 through the date of YOUR response to this subpoena 23 2. ANY and ALL DOCUMENTS that refer to or reflect any loan issued to Gene and/or 24 Barbara Jackson from January 1, 2016 through the date of YOUR response to this 25 subpoena. 26 3. ANY and ALL DOCUMENTS that refer to or reflect any payments received on the 27 JACKSON ACCOUNT(S) from January 1, 2016 through the date of YOUR response 28 to this subpoena. 3 REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO LEGACY OF FAITH PARTNERS, INC. 1 4. ANY and ALL DOCUMENTS that refer to or reflect any payments received in 2 relation to any loan issued to Gene and/or Barbara Jackson from January 1, 2016 3 through the date of YOUR response to this subpoena. 4 5. ANY and ALL DOCUMENTS that refer to or reflect any vehicle owned by Barbara 5 and/or Gene Jackson from January 1, 2016 through the date of YOUR response to 6 this subpoena. 7 6. ANY and ALL DOCUMENTS that refer to or reflect any vehicles owned by 8 Philantrepreneur, Inc. 9 7. ANY and ALL DOCUMENTS that refer to or reflect any vehicles owned by Legacy 10 of Faith Partners, Inc. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE TO LEGACY OF FAITH PARTNERS, INC. EXHIBIT A REDACTED EXHIBIT B REDACTED EXHIBIT C REDACTED 1 PROOF OF SERVICE 2 I am employed in the County of Contra Costa, State of California. I am over the age of 3 18 years, and not a party to the within action. My business address is: 200 Pringle Avenue, Suite 400, Walnut Creek, California. On the date set forth below I served the following documents 4 described as: 5 NOTICE TO CONSUMER – Gene Jackson 6 on the parties or attorneys for parties in this action who are identified below, using the following means of service. 7 Stephan M. Brown, Esq. Attorneys for Gene Jackson, Legacy of Faith 8 Daniel Griffin, Esq. Partners, Inc. and Philantrepreneur, Inc. NewPoint Law Group, LLP Tel: 800-358-0305 9 3300 Douglas Boulevard, Suite 100 Email: sbrown@newpointlaw.com; Roseville, CA 95661 dgriffin@newpointlaw.com 10 Corey Hall, Esq. Co-Counsel for Defendants 11 Hall Law Group, APC Tel: 949-203-1682 523 N. Fairview Street Email: Corey@HallTrialAttorney.com 12 Santa Ana, CA 92703 13 X BY ELECTRONIC TRANSMISSION. I caused a true and correct copy of the aforementioned document to be transmitted to each of the parties at the electronic 14 notification address last given by said party on any document which he or she has filed in this action and served upon this office. 15 Date of electronic transmission: October 8, 2020Time: Originating electronic notification address: dmeadors@bgwcounsel.com. Said electronic transmission 16 was reported as complete and without error. 17 X I declare under penalty of perjury under the laws of the State of California that the 18 foregoing is true and correct. 19 Executed on October 8, 2020, at Concord, California. 20 21 /s/ Donna J. Meadors DONNA J. MEADORS 22 23 24 25 26 27 28 PROOF OF SERVICE