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  • Hickman VS Rucker Unlimited Civil document preview
  • Hickman VS Rucker Unlimited Civil document preview
  • Hickman VS Rucker Unlimited Civil document preview
  • Hickman VS Rucker Unlimited Civil document preview
  • Hickman VS Rucker Unlimited Civil document preview
  • Hickman VS Rucker Unlimited Civil document preview
  • Hickman VS Rucker Unlimited Civil document preview
  • Hickman VS Rucker Unlimited Civil document preview
						
                                

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i UH fi \ g ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, sfate bar number, and address): | MARVA L. HICKMAN 26739 Wauchula Way Hayward, CA 94545 TELEPHONE No: 510 259-1960 FAX NO:: ATTORNEY FOR (Name): name oF court: Alameda County Superior Court FILED streerappress: 1225 Fallon Street ALAMEDA COUNTY MAILING ADDRESS: crrvanpzipcove: Oakland, CA 94612 iy i prancHname Rene C. Davidson _. NOV AT 2004 PLAINTIFF/ PETITIONER: MARVA L. HICKMAN CLERK Pi THE SUPERIOR COURi B J DEFENDANT/ RESPONDENT: TITUS RUCKER " Deputy CIVIL. SUBPOENA (DUCES TECUM) for Personal Appearance CASE NUMBER: . and Production of Documents and Things at Trial or Hearing 2002065777 AND DECLARATION THE PEOPLE OF THE STATE OF CALIFORNIA, TO (name, address, and telephone number of witness, if known): WELLS FARGO BANK NA 1. YOU ARE ORDERED TO APPEAR AS A WITNESS in this action at the date, time, and place shown in the box below UNLESS your appearance is excused as indicated in box 3b below or you make an agreement with the person named in item 4 below. a. Date: NOVEMBER 24, 2004 Time: 0900 [J Dept: L_] Div.: [| Room: b. Address: 26739 Wauchula Way, Hayward, CA 94545 2. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF CIVIL PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT ORDER OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE YOU ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS. 3. YOU ARE (ifem a or b must be checked): a. [__] Ordered to appear in person and to produce the records described in the declaration on page two or the attached declaration or affidavit. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena. The procedure authorized by Evidence Code sections 1560(b), 1561, and 1562 will not be deemed sufficient compliance with this subpoena. b. [7] Not required to appear in person if you produce (i) the records described in the declaration on page two or the attached declaration or affidavit and (ii) a completed declaration of custodian of records in compliance with Evidence Code sections 1560, 1561, 1562, and 1271. (1) Place a copy of the records in an envelope (or other wrapper). Enclose the original declaration of the custodian with the records. Seal the envelope. (2) Attach a copy of this subpoena to the envelope or writeon the envelope the case name and number, your name; and the date, time, and place from item 1 in the box above. (3) Place this first envelope in an outer envelope, seal it, and mail it to the clerk of the court at the address in item 1. (4) Mail a copy of your declaration to the attomey or party listed at the top of this form. 4. IF YOU HAVE ANY QUESTIONS ABOUT THE TIME OR DATE YOU ARE TO APPEAR, OR IF YOU WANT TO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED, CONTACT THE FOLLOWING PERSON BEFORE THE DATE ON WHICH YOU ARE TO APPEAR: a. Name of subpoenaing party or attomey: MARVA L. HICKMAN _ ». Telephone number: 510 259-1960 5. Witness Fees: You are entitled to witness fees and mileage actually traveled both ways, as provided by law, if you request them at the time of service. You may request them before your scheduled appearance from the person named in item 4. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. Date issued: November 8, 2004 y y C LY, * (SIGNATUREOF PERSON ISSUING SUBPOENA) (TITLE) (Declaration in support of subpoena on reverse) Page one of three Sh SUBPOENA (DUCES TECUM) FOR PERSONAL APPEARANCE oe eee con AND PRODUCTION OF DOCUMENTS AND THINGS , AT TRIAL OR HEARING AND DECLARATION American LegalNet, Inc. ww.USCourtForms.com t t PLAINTIFF/PETITIONER: MARVA L. HICKMAN CASE NUMBER: 2002065777 DEFENDANT/RESPONDENT: TITUS RUCKER The production of the documents or the other things sought by the subpoena on page one is supported by (check one): [7] the attached affidavit or declaration [__] the following declaration: DECLARATION IN SUPPORT OF CIVIL SUBPOENA (DUCES TECUM) FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS AT TRIAL OR HEARING (Cade Civ. Proc., §§ 1985, 1987.5) 1. 1, the undersigned, decfare | am the i) plaintiff [_] defendant (C_] petitioner | respondent attorney for (specify): [1] other (specify): in the above-entitled action. 2. The witness has possession or control of the following documents or other things and shall produce them at the time and place specified in the Civil Subpoena for Personal Appearance and Production of Documents and Things at Trial or Hearing on page one of this form (specify the exact documents or other things to be produced): . [_] Continued on Attachment 2. 3. Good cause exists for the production of the documents or other things described in paragraph 2 for the following reasons: | Continued on Attachment 3. 4, These documents or other things described in paragraph 2 are material to the issues involved in this case for the following reasons: [-] Continued on Attachment 4. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: November 9, 2004 MARVA L. HICKMAN lew Pal [a (TYPE OR PRINT NAME) (SIGNATURE OF SUBPOENAING PARTY [-] ATTORNEY FOR (Proof of service on page three) SUBPOENAING PARTY) 982(a){15.1)[Rev. January 1, 2000} _ CIVIL SUBPOENA (DUCES TECUM) FOR PERSONAL APPEARANCE Page two of three AND PRODUCTION OF DOCUMENTS AND THINGS AT TRIAL OR HEARING AND DECLARATION DECLARATION IN SUPPORT OF SUBPEONA DUCES TECUM 1. I, MARVA L. HICKMAN declares the following: 2. | am the Judgment Creditor in the above matter’. 3, | obtained a judgment against Titus Rucker from the Alameda County Superior Court on August 21, 2003, in case #2002065777. The balance due on the judgment is $6691.47 plus accrued interest and post-judgment costs. | believe that WELLS FARGO BANK has in its possession or under its control the 10 documents or copies of the documents listed in the attached Exhibit A, as well as any 11 other documents which provide information about the assets and bank accounts of 12 Titus Rucker. , 13 These materials are needed to enforce this judgment. 14 These materials are relevant to this case because they contain information, which | need 45 to levy on the judgment debtor's property in order to satisfy this judgment. 16 17 | declare under penalty of perjury under the laws of the State of California that the 18 foregoing is true and correct. 19 20 Dated: November 9, 2004 Moun hater, 21 22 -” MARVA HICKMAN 23 24 25 26 27 28 ~4~ EXHIBIT “A”: DOCUMENTS REQUESTED IN SUBPENA DUCES TECUM Passbook (s), ledger (s) and statements for any and all checking accounts, including account numbers in the name of Titus Rucker, opened within the past 10 years. . Any and all passbook(s), ledger (s) and statements for any and all saving accounts, including account numbers in the name of Titus Rucker, opened within the past 10 years. . Any and all passbook (s), ledger (s), and statement for any and all money market and mutual fund — accounts, including account numbers, in the name of Titus Rucker, opened in the past 10 years. . Any and all passbook (s), ledger (s) and statements for any and all Certificate of Deposit accounts including account numbers, in the name of Titus Rucker, opened within the past 10 years. 982(a)(15.5) ATTORNEY OR PARTY WITHOLT ATTORNEY (Name, state bar number, and address): MARVA L. HICKMAN | 26739 WAUCHULA WAY . HAYWARD, CA 94545 TeLepHone No: (510) 259-1960 FAX NO.: ATTORNEY FOR (Name): name oF court: ALAMEDA COUNTY SUPERIOR STREET ADDRESS: MAILING ADDREss: 1225 FALLON STREET city anpzipcone: OAKLAND, CA 94612 BRANCH NAME: RENE C. DAVIDSON PLAINTIFF/ PETITIONER: MARVA L. HICKMAN . CASE NUMBER: DEFENDANT/ RESPONDENT: TITUS RUCKER 2002065777 NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION (Code Civ. Proc., §§ 1985.3, 1985.6) NOTICE TO CONSUMER OR EMPLOYEE TO (name): TITUS RUCKER . 1. PLEASE TAKE NOTICE THAT REQUESTING PARTY (name): MARVA L. HICKMAN SEEKS YOUR RECORDS FOR EXAMINATION by the parties to this action on (specify date): NOVEMBER 24,2004 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 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. Ifyou 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 offi icer named in the subpoena at least five days before the date set for production of the records. b. Ifyou 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: NOVEMBER 9, 2004 ee MARVAL. HICKMAN (TYPE OR PRINT NAME) |, Wak X. (SIGNATURE OF [_] REQUESTING Bhasimier PARTY ATTORNEY) OBJECTION BY NON-PARTY TO PRODUCTION OF RECORDS 14.CoJ1 object to the production of all of my records specified in the subpoena. 2 Ci object only to the production of the following specified records: \ 3. The specific grounds for my objection are as follows: Date: Deen ae svieiogstwirinies — (Proof of service on reverse) Fom Adoped fr MandatoyUse NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION Cade of Cl Procedire, oantay(ia.5) pew January 1, 200} (Code Civ. Proc., §§ 1985.3, 1985.6) 85 1985.3, 19856, 2020 American LegalNet, Inc. www.USCourtForms.com 4 PLAINTIFF/PETITIONER: MARVA L. HICKMAN CASE NUMBER: 2002065777 DEFENDANT/RESPONDENT: TITUS RUCKER PROOF OF SERVICE OF CIVIL SUBPOENA (DUCES TECUM) FOR PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS AT TRIAL OR HEARING AND DECLARATION 4. | served this Civil Subpoena (Duces Tecum) for Personal Appearance and Produclion of Docwnents and Things at Trial or Hearing and Declaraffon by personally delivering a copy to the person served as follows: a. Person served (name): Daniel A. Ghansi b. Address where served: 959 Southland Drive, Hayward, CA 94545 c. Date of delivery: November 12, 2004 d. Time of delivery: 19-304M. e. Witness fees (check one): (1)L__J were offered or demanded and paid. Amount ____... $ (2) EX] were not demanded or paid. f. Fee for service: _........--......------ $ 25,00 2. | received this subpoena for service on (date): November 12. 2004 xX] Ll [| Registered California process server. . [] Employee or independent contractor of a registered California process server. Cl | Registered professional photocopier. CcExempt from registration under Business and Professions Code section 2245 1. h. Name, address, telephone number, and, if applicable, county of registration and number: | declare under penalty of perjury under the laws of the State of {For Callifomia sheriff or marshal use only) Califomia that the foregoing is true and correct. | certify that the foregoing is true and correct. Date: November 12, 2004 Date: > lat, IGNAT| tite? ) > (SIGNATURE) 982(aN05. 1) fRev. January 1, 20001 PROOF OF SERVICE OF CIVIL SUBPOENA (DUCES TECUM) FOR Page three of three PERSONAL APPEARANCE AND PRODUCTION OF DOCUMENTS AND THINGS AT TRIAL OR HEARING AND DECLARATION PLAINTIFF/PETITIONER: MARVA L. HICKMAN CASE NUMBER: DEFENDANT/RESPONDENT: TITUS RUCKER 2002065777 PROOF OF SERVICE OF NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION {Code Civ. Proc., §§ 1985.3,1985.6) [__] Personal Service [=] Mail 1. At the time of service I was at least 18 years of age and not a party to this legal action. 2. 1 served a copy of the Notice to Consumer or Employee and Objection as follows (check either a or b): a. [__] Personal service. | personally delivered the Notice to Consumer or Employee and Objection as follows: (1) Name of person served: (3) Date served: (2) Address where served: (4) Time served: b. XX] Mail. | deposited the Notice to Consumer or Employee and Objection in the United States mail, ina sealed envelope , with postage fully prepaid. The envelope was addressed as follows: (1) Name of person served: TITUS RUCKER (3) Date of mailing: November 12, 2004 (2) Address: . (4) Place of mailing (city and state): 1453 Franklin Street, Santa Clara, CA 95050 Hayward, California (5) 1 am a resident of or employed in the county where the Notice to Consumer or Employee and Objection was mailed. c. My residence or business address is (specify): d. My phone number is (specify): . | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: November 12, 2004 Harold. J. Rucker > (TYPE OR PRINT NAME OF PERSON WHO SERVED) / (SIG)ATURE o} PERSON WHO SERVED) PROOF OF SERVICE OF OBJECTION TO PRODUCTION-OF RECORDS (Code Civ. Proc., §§ 1985.3,1985.6) [_] Personal Service [__] Mail 1. At the time of service | was af least 18 years of age and not a party to this legal action. 2. 1 served a copy of the Objection to Production of Records as follows (complete either a orb): a. ON THE REQUESTING PARTY (1) [_] Personal service. | personally delivered the Objection to Production of Records as follows: (i) Name of person served: (ii) Date served: (ii) Address where served: (iv) Time served: (2)[__] Mail. | deposited the Objection to Production of Records in the United States mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows: (i) Name of person served: (ii) Date of mailing: (il) Address: (iv) Place of mailing (city and state): (V)lama resident of or employed in the county where the Objection to Production of Records was mailed. b. ON THE WITNESS (1) [] Personal service. | personally delivered the Objection to Production of Records as follows: (i) Name of person served: {ifi) Date served: (li) Address where served: (iv) Time served: (2)}[] Mail. | deposited the Objection to Production of Records in the United States mail, in a sealed envelope with postage fully prepaid. The envelope was addressed as follows: (i) Name of person served: (iii) Date of mailing: (ii) Address: (iv) Place of mailing (city and state): (v) | am a resident of or employed in the county where the Objection to Production of Records was mailed. 3. My residence or business address is (specify): 4, My phone number js (specify): | declare under penalty of peGury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME OF PERSON WHO SERVED) (SIGNATURE OF PERSON WHO SERVED) @82{a16.6)[Rev. January 4, 2000] NOTICE TO CONSUMER OR EMPLOYEE AND OBJECTION Pagetwo (Code Civ. Proc., §§ 1986.3,1985.6)