Preview
_g 4 wii
fh
ATTORNEYOR PARTYWITHOUTATTORNEY (Name,
State
bar number,
and address):
|_ Wm. Kochenderfer, Esq. 125315 ee
Telles, Walker & Kochenderfer, LLP ne iia
12210 Herdal Drive, Suite 11
-Aubum CA 95603
TeLepHoneNo: 530-887-1456 FAXNO.:530-887-9417
ATTORNEYFOR (NameyPlaintiffLibitzky Holdings, LP
NAME OFCouRT:Superior Court of Alameda
streetaovress:1225 Fallon Street
maiincappRess:1225 Fallon Street |
ciTyANDzipcove:Oakland CA 94612
BRANCH NAME:Rene C. Davidson
PLAINTIFF: Telegraph Avenue Company, LLC
'
ene - 4
DEFENDANT: Bio Online, Inc.
APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION CASE NUMBER: KG 03 (2435 C
[x] ENFORCEMENT OF JUDGMENT [__| ATTACHMENT (Third Person) _ RG 05.193 105
tC) Judgment Debtor Lx _] Third Person
ORDER TO APPEAR FOR EXAMINATION
1 TO (name): LEE JENSEN, CEO of Bio Online, Inc.
2. YOU ARE ORDERED TO APPEAR personally beforethis court,orbefore a referee appointed bythe court,to
a. furnishinformation to aidin enforcement ofa money judgment against you.
b. [__] answer concerning property of thejudgment debtor in yourpossession or controlor concerning adebt you owe the
judgment debtor.
c. [__] answer concerning property of thedefendant inyour possession or controlor concerning a debt you owe the defendant
thatis subjectto attachment.
Date: Hy tees / wis Time: X60 Dept. or Div.: / Rm.:
Addressof court [_]sho n above a is:
3. This order may be served by a sheriff,
marshal, registered process gerver,
or the followingay appointed person
Ne
wiv ao SO7 05 2005
JUDGEJ
OR
a:99 order must be served not less than 10 days before the date set for the examination.
[s | IMPORTANT NOTICES ON REVERSE
\8 - APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION
al edu it editor [_ |] Assignee ofrecord [__] Plaintiff
who has a rightto attach order .
ora
ie afi'p borrequiring (name): LEE JENSEN, CEO of Bio Online, Inc. to appear and furnishinformation
pale orcement of the money judgment or toanswer concerning propertyor debt.
5. The person to be examined is
a. the judgment debtor.
b.[___] a thirdperson (1)who has possession or controlof property belonging tothe judgment debtor or the defendant or (2)who
owes:the judgment debtor or the defendant more than $250. An affidavitsupporting thisapplication under Code ofCivil
-Procedure section491.110 or 708.120 is attached.
6. The person to be examined resides or has a place of business inthiscounty orwithin 150 miles ofthe place of examination.
7. [__] Thiscourt isnot the court inwhich the money judgment is entered or(attachment only)the court that issueethe writof
attachment. An affidavit
supporting an applicationunder Code of CivilProcedure section491.150 or 708/60/is attached.
8. [__] The judgment debtor has been examined withinthe past 120 days. An affidavitshowing good causefor another examination
isattached.
|declare under penalty of perjuryunder the laws of the Stateof Californiathatthe egoing is trueand correct.
QZ
Date: 9/30/05
Wm. Kochenderfer, Esq.
(TYPEORPRINTNAME) (SIGNATUREOFDECLARANT)
. _ (Continuedon reverse)
FormAdopted
for Mandatory
Use ; Code
of Civil
P dure,
Judicial
Council
of California APPLICATION AND ORDER GEB §§491.10, 708.110,
708.120
AT-138,
Eu-125
[Rev.
July1, 2000] FOR APPEARANCE AND EXAMINATION
(Attachment— Enforcement of Judgment)
. €
" APPEARANCE OF JUDGMENT DEBTOR (ENFORCEMENT OF JUDGMENT)
SS
%, . .
=
eo, * at .
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 iin this
proceeding. -
APPEARANCE OF ATHIRD PERSON
(ENFORCEMENT OF JUDGMENT)
(1) NOTICE TO PERSON SERVED Ifyou fail to appear at the time and place specified in this order,
you may be subject to arrest and punishment for contempt of court, and the court may make an
order requiring, you to pay the reasonable attorney fees incurred by the judgment creditor in this
proceeding. - — ; \
(2) NOTICE TO JUDGMENT DEBTOR ‘The person in whose favor the judgment was entered in this
_action claims that the person to be examined pursuant to this order has possession or control of
property which is yours or owes you a debt. This property or debt is as follows: (Describe the. |
property or debtt using typewritten capital letters):
$ ee as ue ° 5 ; A
1) t
Vay 4 ‘ oa Peer
ire nwt .
Af 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 ATHIRD PERSON (ATTACHMENT)
NOTICE TO. PERSON SERVED §If
you fail to appear at the time and place specified iin 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 isyour duty to designate one or more of the following to appear and be examined: officers,
directors, managing agents, or other persons who are familiar with your property and debts.
AT-138,
EJ-125
[Rev.
July1, 2000} APPLICATION AND ORDER GEB Pagetwo
_FOR APPEARANCE AND EXAMINATION
(Attachment— Enforcement ofJudgment)
c
oN
¢ . 4
| on
SUPERIOR COURT OF THE STATE OF CALIFERNS AR 21 a5
COUNTY OF ALAMEDA:
di b: be z ky Holts RD Case Number:_ E0519 3 [o>
PLAINTIFF a nn |
Vs. | STIPULATION RE:
a oo - DISMISSAL/JUDGMENT
M an 5 «| | 4
. _ DEFENDANT. ow
Plaintif_ Libs te bey Hb bdingy, eha/ and
Defendant, E PANGS Me a wel
nd _ , hereby stipulate ;and agree to
the following: |
'- 1, Defendant, and allpersons occupying the premises under. Defendant, she (\ Ve warn
IN POSSr$s ion at Ube Sub Fy ect pre ur Seg tA ned ey -
Thirs ac tien ow Curd} dean nth wea lee a! cence -
Pay mend as set Be HW be low - es
2.1fDefendant vuetces ou. agreed. Peymenk Plaintiff shal |
- forthwith file with this Court a request for dismissal with prejudice of the action. .. ©
tier oyee an Wee COM wonised a
3. Par
amo at - olue Uw choy e@ Se MD ree mens
>| >./ fos «3 tos! go0,c0u pls. H5vo- 60
Hrroog Q
hs a torte fs, 4 Yo | of. Hf 31, S09-00 |
fy fein
| s tah ng Cw Api | Bes: ont cub
De vlant
-antl| all charges wre Currene, wo Ue fry. Corn ey
Cho CA ot UK, S th of Hoe ea 0 My an. ria iaee
d deoo. a fa Moy go en of each | month Yo am Y
arre ree.
" f 1fDefendant failsto 0 le any anneeal fry sent, ety
arrearage » costs, fee). on turnwmt Charges.
- Plaintiff,upon: fling a declaration under Penalty of perjury.to that effect with this. Court, and”
upon twenty-four hours telephone notice to: Best Ge fey Tee * : ' -
e Y os - 2 7 2°? , Plaintiffshal be entitled to an: exparte judgment as:follows: on
a. Possession of the premises and ann immediate Writ of Execution thereon: .
an
b. Cancellation of any rentalagreement
c Rent sn Damages in the amount of $ pe Yee com plan fea
ned o- “Qn: | oee ARK DY 5
4. Astotney’ foes in the amount of $_ L300 -vd
e. Couit costs inthe amount of $_ | . ~S-
S. Defendant agrees that no Stay of Execution willbe spplied for.
Gs. Other: “Au Pox unwnih Necejved w i aph
Bvt fe Cornemk Charges due ax J
are cares t ea
BB 1 OS
2)
ourin_
N
—
the
pm a[silog
- PLAINTERF a sansa arr ae
“DATED: 32) (05 a DATED, Men Ea Bes i
"PLAINTIFF - ce DEEENDANT Okey fe Dip il ooo
:“APPROVED AS
ASTOFORM: 9.2. APPROVED AS TO FORM:
=Z, Se
oe ATTORNEY FOR MAAINTIFF _ a ATTORNEY FOR DEFENDANT.
ae _TTIS SO ORDEREI ee
DATED: _/-V t Abdo. ) ) Nhate.
oe ee syoce OF THE SUPERIOR. COURT
ae Corrente Oheck can. tua)! a — “€ S39. oo. eI
we o Wy ea ey Bs (Poms Ouy te. het on.
vr
“i
&
Superior Court of California, County of Alameda
Rene C. Davidson Alameda County Courthouse
Libitzky Holdings, LP No. RG05193105
Plaintiff/Petitioner(s)
VS. Minutes
Mongul
Defendant/Respondent(s)
(Abbreviated Title)
Department 15 Honorable Gordon S.Baranco ,Judge
Cause called for Court Trial on March 21, 2005.
PlaintiffJR Orton II] represented by David Whitman.
PlaintiffLibitzky Holdings, LP represented by David Whitman.
Defendant Francis Mongul represented by Carter Jr.,Bert.
10:00 am - Court, counsel and parties present. The partiesenter into a stipulationas recited on the
record. Defendant shall remain inpossession of the premises as set forth on the record.
Compliance Hearing scheduled on 08/18/2006 09:01 AM inDepartment 15,Administration Building,
1221 Oak Street,Oakland.
Document Registered: Miscellaneous Stipulation
Minutes of 03/21/2005
Entered on 03/21/2005
Executive Officer / Clerk of the Superior Court
sy Gitta» pfituane Deputy Clerk
Minutes
M2249585
- <. *
w .
‘(SHORT TITLE: : "|CASE NUMBER:
Libitzky Holdings, LP VS Mongul RG05193105
. ADDITIONAL ADDRESSEES. .
Attorney at Law .
wa
- Attn: Nagy, Edward A.
‘510 Third St.
Suite 101 ,
Oakland, CA 94607
Minutes .-
M2249585
Preview
_g 4 wii fh ATTORNEYOR PARTYWITHOUTATTORNEY (Name, State bar number, and address): |_ Wm. Kochenderfer, Esq. 125315 ee Telles, Walker & Kochenderfer, LLP ne iia 12210 Herdal Drive, Suite 11 -Aubum CA 95603 TeLepHoneNo: 530-887-1456 FAXNO.:530-887-9417 ATTORNEYFOR (NameyPlaintiffLibitzky Holdings, LP NAME OFCouRT:Superior Court of Alameda streetaovress:1225 Fallon Street maiincappRess:1225 Fallon Street | ciTyANDzipcove:Oakland CA 94612 BRANCH NAME:Rene C. Davidson PLAINTIFF: Telegraph Avenue Company, LLC ' ene - 4 DEFENDANT: Bio Online, Inc. APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION CASE NUMBER: KG 03 (2435 C [x] ENFORCEMENT OF JUDGMENT [__| ATTACHMENT (Third Person) _ RG 05.193 105 tC) Judgment Debtor Lx _] Third Person ORDER TO APPEAR FOR EXAMINATION 1 TO (name): LEE JENSEN, CEO of Bio Online, Inc. 2. YOU ARE ORDERED TO APPEAR personally beforethis court,orbefore a referee appointed bythe court,to a. furnishinformation to aidin enforcement ofa money judgment against you. b. [__] answer concerning property of thejudgment debtor in yourpossession or controlor concerning adebt you owe the judgment debtor. c. [__] answer concerning property of thedefendant inyour possession or controlor concerning a debt you owe the defendant thatis subjectto attachment. Date: Hy tees / wis Time: X60 Dept. or Div.: / Rm.: Addressof court [_]sho n above a is: 3. This order may be served by a sheriff, marshal, registered process gerver, or the followingay appointed person Ne wiv ao SO7 05 2005 JUDGEJ OR a:99 order must be served not less than 10 days before the date set for the examination. [s | IMPORTANT NOTICES ON REVERSE \8 - APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION al edu it editor [_ |] Assignee ofrecord [__] Plaintiff who has a rightto attach order . ora ie afi'p borrequiring (name): LEE JENSEN, CEO of Bio Online, Inc. to appear and furnishinformation pale orcement of the money judgment or toanswer concerning propertyor debt. 5. The person to be examined is a. the judgment debtor. b.[___] a thirdperson (1)who has possession or controlof property belonging tothe judgment debtor or the defendant or (2)who owes:the judgment debtor or the defendant more than $250. An affidavitsupporting thisapplication under Code ofCivil -Procedure section491.110 or 708.120 is attached. 6. The person to be examined resides or has a place of business inthiscounty orwithin 150 miles ofthe place of examination. 7. [__] Thiscourt isnot the court inwhich the money judgment is entered or(attachment only)the court that issueethe writof attachment. An affidavit supporting an applicationunder Code of CivilProcedure section491.150 or 708/60/is attached. 8. [__] The judgment debtor has been examined withinthe past 120 days. An affidavitshowing good causefor another examination isattached. |declare under penalty of perjuryunder the laws of the Stateof Californiathatthe egoing is trueand correct. QZ Date: 9/30/05 Wm. Kochenderfer, Esq. (TYPEORPRINTNAME) (SIGNATUREOFDECLARANT) . _ (Continuedon reverse) FormAdopted for Mandatory Use ; Code of Civil P dure, Judicial Council of California APPLICATION AND ORDER GEB §§491.10, 708.110, 708.120 AT-138, Eu-125 [Rev. July1, 2000] FOR APPEARANCE AND EXAMINATION (Attachment— Enforcement of Judgment) . € " APPEARANCE OF JUDGMENT DEBTOR (ENFORCEMENT OF JUDGMENT) SS %, . . = eo, * at . 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 iin this proceeding. - APPEARANCE OF ATHIRD PERSON (ENFORCEMENT OF JUDGMENT) (1) NOTICE TO PERSON SERVED Ifyou fail to appear at the time and place specified in this order, you may be subject to arrest and punishment for contempt of court, and the court may make an order requiring, you to pay the reasonable attorney fees incurred by the judgment creditor in this proceeding. - — ; \ (2) NOTICE TO JUDGMENT DEBTOR ‘The person in whose favor the judgment was entered in this _action claims that the person to be examined pursuant to this order has possession or control of property which is yours or owes you a debt. This property or debt is as follows: (Describe the. | property or debtt using typewritten capital letters): $ ee as ue ° 5 ; A 1) t Vay 4 ‘ oa Peer ire nwt . Af 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 ATHIRD PERSON (ATTACHMENT) NOTICE TO. PERSON SERVED §If you fail to appear at the time and place specified iin 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 isyour duty to designate one or more of the following to appear and be examined: officers, directors, managing agents, or other persons who are familiar with your property and debts. AT-138, EJ-125 [Rev. July1, 2000} APPLICATION AND ORDER GEB Pagetwo _FOR APPEARANCE AND EXAMINATION (Attachment— Enforcement ofJudgment) c oN ¢ . 4 | on SUPERIOR COURT OF THE STATE OF CALIFERNS AR 21 a5 COUNTY OF ALAMEDA: di b: be z ky Holts RD Case Number:_ E0519 3 [o> PLAINTIFF a nn | Vs. | STIPULATION RE: a oo - DISMISSAL/JUDGMENT M an 5 «| | 4 . _ DEFENDANT. ow Plaintif_ Libs te bey Hb bdingy, eha/ and Defendant, E PANGS Me a wel nd _ , hereby stipulate ;and agree to the following: | '- 1, Defendant, and allpersons occupying the premises under. Defendant, she (\ Ve warn IN POSSr$s ion at Ube Sub Fy ect pre ur Seg tA ned ey - Thirs ac tien ow Curd} dean nth wea lee a! cence - Pay mend as set Be HW be low - es 2.1fDefendant vuetces ou. agreed. Peymenk Plaintiff shal | - forthwith file with this Court a request for dismissal with prejudice of the action. .. © tier oyee an Wee COM wonised a 3. Par amo at - olue Uw choy e@ Se MD ree mens >| >./ fos «3 tos! go0,c0u pls. H5vo- 60 Hrroog Q hs a torte fs, 4 Yo | of. Hf 31, S09-00 | fy fein | s tah ng Cw Api | Bes: ont cub De vlant -antl| all charges wre Currene, wo Ue fry. Corn ey Cho CA ot UK, S th of Hoe ea 0 My an. ria iaee d deoo. a fa Moy go en of each | month Yo am Y arre ree. " f 1fDefendant failsto 0 le any anneeal fry sent, ety arrearage » costs, fee). on turnwmt Charges. - Plaintiff,upon: fling a declaration under Penalty of perjury.to that effect with this. Court, and” upon twenty-four hours telephone notice to: Best Ge fey Tee * : ' - e Y os - 2 7 2°? , Plaintiffshal be entitled to an: exparte judgment as:follows: on a. Possession of the premises and ann immediate Writ of Execution thereon: . an b. Cancellation of any rentalagreement c Rent sn Damages in the amount of $ pe Yee com plan fea ned o- “Qn: | oee ARK DY 5 4. Astotney’ foes in the amount of $_ L300 -vd e. Couit costs inthe amount of $_ | . ~S- S. Defendant agrees that no Stay of Execution willbe spplied for. Gs. Other: “Au Pox unwnih Necejved w i aph Bvt fe Cornemk Charges due ax J are cares t ea BB 1 OS 2) ourin_ N — the pm a[silog - PLAINTERF a sansa arr ae “DATED: 32) (05 a DATED, Men Ea Bes i "PLAINTIFF - ce DEEENDANT Okey fe Dip il ooo :“APPROVED AS ASTOFORM: 9.2. APPROVED AS TO FORM: =Z, Se oe ATTORNEY FOR MAAINTIFF _ a ATTORNEY FOR DEFENDANT. ae _TTIS SO ORDEREI ee DATED: _/-V t Abdo. ) ) Nhate. oe ee syoce OF THE SUPERIOR. COURT ae Corrente Oheck can. tua)! a — “€ S39. oo. eI we o Wy ea ey Bs (Poms Ouy te. het on. vr “i & Superior Court of California, County of Alameda Rene C. Davidson Alameda County Courthouse Libitzky Holdings, LP No. RG05193105 Plaintiff/Petitioner(s) VS. Minutes Mongul Defendant/Respondent(s) (Abbreviated Title) Department 15 Honorable Gordon S.Baranco ,Judge Cause called for Court Trial on March 21, 2005. PlaintiffJR Orton II] represented by David Whitman. PlaintiffLibitzky Holdings, LP represented by David Whitman. Defendant Francis Mongul represented by Carter Jr.,Bert. 10:00 am - Court, counsel and parties present. The partiesenter into a stipulationas recited on the record. Defendant shall remain inpossession of the premises as set forth on the record. Compliance Hearing scheduled on 08/18/2006 09:01 AM inDepartment 15,Administration Building, 1221 Oak Street,Oakland. Document Registered: Miscellaneous Stipulation Minutes of 03/21/2005 Entered on 03/21/2005 Executive Officer / Clerk of the Superior Court sy Gitta» pfituane Deputy Clerk Minutes M2249585 - <. * w . ‘(SHORT TITLE: : "|CASE NUMBER: Libitzky Holdings, LP VS Mongul RG05193105 . ADDITIONAL ADDRESSEES. . Attorney at Law . wa - Attn: Nagy, Edward A. ‘510 Third St. Suite 101 , Oakland, CA 94607 Minutes .- M2249585