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1 RANDALL A. MILLER (BarNo. 116036)
AUSTA WAKILY (BarNo. 257424)
2 MILLERLLP
515 South Flower Street,Suite 2150
3 Los Angeles, CA 90071-2201
Telephone: 800.720.2126
4 Facsimile: 888:749.5812
5 Attorneys for KNAPP, PETERSEN & CLARKE,
STEVEN RAY GARCIA, STEPHENM. HARRIS
6 and ANDRE JARDINI
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OCT 03 2012
JO~ A. CLA~~K
BY GE'~HARLES, OEPUTY
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SUPERIOR COURT OF CALIFORNIA
COUNTY OF LOS ANGELES
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STEPHEN M. GAGGERO, an individual,
PACIFIC COAST MANAGEMENT, INC., a
Corporation; GINGERBREAD COURT LP, a
Limited Partnership; 511 OFW, LP a Limited
Partnership; MALIBU BROADBEACH LP, a
Limited Partnership; MARINA GLENCOE LP,
a Limited Partnership; BLU HOUSE LLC, a
Limited Liability Company; BOARDWALK
SUNSET LLC, a Limited Liability Company;
JOSEPH PRASKE, Trustee of GIGANIN
TRUST; JOSEPH PRASKE, Trustee' of
ARENZANO TRUST; and JOSEPH PRASKE,
Trustee ofAQUASANTE FOUNDATION,
Plaintiffs and Judgment Debtors,
v.
KNAPP, PETERSEN & CLARKE, STEVEN
RAY GARCIA, STEPHEN M. HARRIS and
ANDRE JARDINI,
Defendants and Judgment Creditors.
CASE NO.: BC286925
[Assigned for all purposes to Judge Honorable
Judge Robert L. Hess, Department 24]
fl~[S)iJ,z/}
~ID] ORDER FOR
ASSIGNMENT OF RIGHTS AND
ORDER RESTRAINING JUDGMENT
DEBTORS
Judge:
Date:
Time:
Honorable Robert L. Hess
October 3,2012
8:30 a.m.
ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING
JUDGMENT DEBTORS

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1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 Defendants and Judgment Creditors Knapp, Petersen & Clarke'S, Steven Ray Garcia's,
3 Stephen M. Harris', and Andre Jardini's (collectively, "KPC" or "Judgment Creditors") Motion
4 for Assignment of Rights and for Order Restraining Judgment Debtors Stephen M. Gaggero,
5 Pacific Coast Management, Inc., 511 OFW LP, Gingerbread Court LP, Malibu BroadBeach LP,
6 Marina Glencoe LP, BIu House LLC, and Boardwalk Sunset LLC, Joseph Praske as trustee ofthe
7 Giganin Trust, Joseph Praske as trustee ofthe Arenzano Trust, and Joseph Praske as trustee ofthe
8 Aquasante Foundation (collectively referred to as "mDGMENT DEBTORS") came on regularly
9 for hearing on August 23,2012 and October 3,2012 in Department 24 ofthe above-entitled Court
10 the honorable Robert L. Hess presiding. Having considered KPC's motion and the papers and
11 pleadings submitted in support of and opposition and good cause appearing, the Court grants,
12 KPC's motion as follows:
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14 IT IS ORDERED THAT the Judgment Creditors' motion for assignment of rights and
15 order restraining mDGMENT DEBTORS is granted. This Order requires the payment ofmoney
16 under Code of Civil Procedure section 917.l(a). Therefore, mDGMENT DEBTORS are required
17 to post an undertaking pursuant to Code of Civil Procedure section 917.1(b) in the amount of
18 $4,356,471.02 unless the undertaking is given by an admitted surety insurer in which case the
19 amount of undertaking necessary to stay enforcement ofthis Order is $3,267,353.26.
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21 IT IS FURTHER ORDERED that mDGMENT DEBTORS rights' to payment now due
22 or to become due regardless of future development in the following are assigned to Judgment
23 Creditors c/o their attorney, Randall A. Miller, MILLER LLP, 515 South Flower St., Suite 2150,
24 Los Angeles, California 90071 until the payment of the judgment in the amount of $2,178,235.51
25 plus post-judgment interest and allowable costs is paid in full:
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ORDER GRANTlNG MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING
JUDGMENT DEBTORS

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1 1. All rights to any interest or payment of monies now due or to become due to STEPHEN
2 M. GAGGERO for services rendered that is in the possession, control, or custody of PACIFIC
3 COAST MANAGEMENT, INC., its agents, employees, or other party acting on its behalf;
4 2. All rights to any interest or payment of monies now due or to become due to JUDGMENT
5 DEBTORS for any service rendered, including but not limited to services rendered in their
6 capacity as an officer, director, member, trustee, or manager ofany entity;
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8 3. All rights to any interest or payment ofmonies now due or to become due to JUDGMENT
9 DEBTORS arising from any settlement, legal claim, or lawsuit including, but not limited to: (1)
10 Bunge v. 511 o.F.W LP, et al Los Angeles County Superior Court (Case SClO0361); (2) Sulphur
11 Mountain Land and Livestock v. Redmond, et aI, Ventura County Superior Court (Case
12 CIV214702); (3) Avalon Farms LLC vs. Helcha C Acuna, Ventura County Superior Court (Case
13 56-2012-00414415-CL-BC-VTA); (4) Avalon Farms LLC vs. Michael Leon Ventura County
14 Superior Court (Case 56-2012-00414406-CL-BC-VTA); (5) Sulphur Mountain Land & Livestock
15 Co LLC vs. Bruce D Barton Ventura County Superior Court (Case 56-2011-00400144-CU-BC-
16 VTA);
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18 4. All rights to any interest or payment of monies now due or to become due in any in any
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account, accounts receivable, agreement, annuity policy value, assignment agreement, bond,
bonus, claim against any third party, commercial property purchase agreement, commission,
compensation, contract, credit, deed, deposit, development contract, endowment, escrow account,
financing agreement, indemnity agreement, instrument, insurance policy loan value, insurance
proceed, investment agreement, joint venture agreement, lawsuit, lease, lien, line of credit, loan,
monies, partnership agreement, power of attorney, proceeds, profit, profit-sharing agreement,
purchase agreement, real property, reimbursement agreement, rents, residential purchase
agreement, royalties, settlement, severance payment, stocks, sweat equity agreement that is held in
the name of or for the benefit of or accessible to JUDGMENT DEBTORS that is in the
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ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING
JUDGMENT DEBTORS

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1 possession, control, custody, or due to the following law firms, attorneys, or any person or entity
2 acting on their behalf (1) BLECHER & COLLINS PC, 515 South Figueroa Street, Suite 1750,
3 Los Angeles California, 90071; (2) WESTLAKE LAW GROUP, 2625 Townsgate Road Suite
4 330, Westlake Village, California 91361; (3) JOSEPH PRASKE, 2802 Santa Monica Blvd, Santa
5 Monica, California 90404; (4) BENEDON & SERLIN, 21700 Oxnard Street, Suite 1290,
6 Woodland Hills, California 91367; (5) LAW OFFICE OF DAVID A. ESQUIBIAS, 2625
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7 Townsgate Road Suite 330, Westlake Village, California 91361;(6) DAVID BLAKE
8 CHATFIELD, 2625 Townsgate Road Suite 330, Westlake Village, California 91361;
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10 5. All rights to any interest or payment of monies now due or to become due in any in any
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account, accounts receivable, agreement, annuity policy value, assignment agreement, bond,
bonus, claim against any third party, commercial property purchase agreement, commission,
compensation, contract, credit, deed, deposit, development contract, endowment, escrow account,
financing agreement, indemnity agreement, instrument, insurance policy loan value, insurance
proceed, investment agreement, joint venture agreement, lawsuit, lease, lien, line of credit, loan,
monies, partnership agreement, power of attorney, proceeds, profit, profit-sharing agreement,
purchase agreement, real property, reimbursement agreement, rents, residential purchase
agreement, royalties, settlement, severance payment, stocks, sweat equity agreement that is held in
the name of or for the benefit of or accessible to JUDGMENT DEBTORS that is in the
possession, control, custody, or due to the following individuals or any person or entity acting on
their behalf: (1) JOSEPH PRASKE; (2) DAVID CHATFIELD; (3) STEPHEN B. GAGGERO;
(4) BILLIE SUE GAGGERO; (5) JAMES F. WALTERS; (6) STEPHANIE BOREN; (7)
COLLEEN O'BRIEN; (8) DAVID ESQUIBIAS; (9) MARK MARAVELAS; (10) GORDON
FRIETAS; (11) MARK MOORING; (12) GAIL MOORING; (13) KATHRYN HARTLEY; (14)
MARK HARTLEY; (15) ROBERT HABER; (16) JAMES PERSE, (18) JAMES MESA; (19)
ALBINA MARKEVICIUS; AND (20) VITA MARKEVICIUS;
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ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING
JUDGMENT DEBTORS

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1 6. All rights to any interest or payment of monies now due or to become due in any in any
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account, accounts receivable, agreement, annuity policy value, assignment agreement, bond,
bonus, claim against any third party, commercial property purchase agreement, commission,
compensation, contract, credit, deed, deposit, development contract, endowment, escrow account,
financing agreement, indemnity agreement, instrument, insurance policy loan value, insurance
proceed, investment agreement, joint venture agreement, lawsuit, lease, lien, line of credit, loan,
monies, partnership agreement, power of attorney, proceeds, profit, profit-sharing agreement,
purchase agreement, real property, reimbursement agreement, rents, residential purchase
agreement, royalties, settlement, severance payment, stocks, sweat equity agreement that is held in
the name of or for the benefit of or accessible to JUDGMENT DEBTORS that is in the
possession, control, custody, or due to the following entities its successors, or any person or entity
acting on their behalf: (1) KELLOGG & ANDELSON ACCOUNTANCY CORPORATION; (2)
CANADA LARGA LAND AND LIVESTOCK CO., LLC.; (3) SULPHUR MOUNTAIN LAND
AND LIVESTOCK CO., LLC; (4) AVALON FARMS LLC; (5) EXCALIBUR HOLDINGS
LLC; (6) CLASSIC EXCALIBUR HOLDING LLP; (7) GAGGERO INVESTMENTS LP; (8)
AVENUE PROPERTIES LLC; (9) CAPITAL INVESTMENTS LLC; (10) 230 MAIN LLC; (11)
EQUICOR CAPITAL INC.; (12) LD.C. DEVELOPMENT, LTD.; (13) MONTICELLO
PROPERTIES, SA; (14) WASHINGTON SHORES, LLC; (15) PARKHOUSE LLC; (16)
AVALON ENGINEERING, INC.; AND (17) BUON GUSTO, LLC;
21 7. All rights to any interest or payment of monies now due or to become due in any in any
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account, accounts receivable, agreement, annuity policy value, assignment agreement, bond,
bonus, claim against any third party, commercial property purchase agreement, commission,
compensation, contract, credit, deed, deposit, development contract, endowment, escrow account,
financing agreement, indemnity agreement, instrument, insurance policy loan value, insurance
proceed, investment agreement, joint venture agreement, lawsuit, lease, lien, line of credit, loan,
monies, partnership agreement, power of attorney, proceeds, profit, profit-sharing agreement,
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ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING
JUDGMENT DEBTORS

6. 1 purchase agreement, real property, reimbursement agreement, rents, residential purchase
2 agreement, royalties, settlement, severance payment, stocks, sweat equity agreement that is held in
3 the name of or for the benefit of or accessible to JUDGMENT DEBTORS that is in the
4 possession, control, custody, or due to the following trusts, its successors or any person or entity
5 acting on its behalf: (1) GAGGERO FAMILY TRUST, Sue Gaggero Trustee; (2) TERRA MAR
6 TRUST, Joseph Praske Trustee; (3) GBC TRUST, Joseph Praske Trustee; (4) OFW TRUST,
7 Joseph Praske Trustee; (5) AVALON TRUST, Joseph Praske Trustee; (6) PRASKE 21 TRUST,
8 Joseph Praske Trustee; (7) PRASKE 22 TRUST, Joseph Praske Trustee; (8) PRASKE 33 TRUST,
9 Joseph Praske Trustee;
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11 8. All rights to any interest or payment now due or to become due in any property owned by
12 JUDGMENT DEBTORS, including but not limited to the following properties: (1) 517 Ocean
13 Front Walk, Venice, California, 90291; (2) 511 Ocean Front Walk, Venice, California, 90291; (3)
14 523 Ocean Front Walk, Venice, California, 90291; (4) 601 Ocean Front Walk, Venice, California,
15 90291; (5) 3501 Canada Larga, Ventura, California, 93001; (6) 2886 Solimar Beach Drive,
16 Ventura, California, 93001; (7) 343 E. Main Street Ventura, California, 93001; (8) 230 E. Main
17 Street, Ventura, California, 93001; (9) 22810 Pacific Coast Highway, Malibu, California, 90265;
18 (10) 22806 Pacific Coast Highway, Malibu, California, 90265; and (11) 33222 Pacific Coast
19 Highway, Malibu, California 90265.
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21 9. All rights to any interest or payment of monies now due or to become due in any in any
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account, accounts receivable, a:greement, annuity policy value, assignment agreement, bond,
bonils, claim against any third party, commercial property purchase agreement, commission,
compensation, contract, credit, deed, deposit, development contract, endowment, escrow account,
financing agreement, indemnity agreement, instrument, insurance policy loan value, insurance
proceed, investment agreement, joint venture agreement, lawsuit, lease, lien, line of credit, loan,
monies, partnership agreement, power of attorney, proceeds, profit, profit-sharing agreement,
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ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING
JUDGMENT DEBTORS

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1 purchase agreement, real property, reimbursement agreement, rents, residential purchase
2 agreement, royalties, settlement, severance payment, stocks, sweat equity agreement that is held in
3 the name of or for the benefit of or accessible to JUDGMENT DEBTORS that is in the
4 possession, control, custody, or due to the following financial institutions its successors, related or
5 associated entities, or any entity acting as its agent: (1) Hawthorne Savings, FSB; (2) Hawthorne
6 Financial Corporation; (3) Hawthorne Savings & Loan; (4) Commercial Capital Bancorp Inc.; (5)
7 JP Morgan Chase Bank, N.A.; (6) Temecula Valley Bancorp; (7) First Citizens Bank & Trust Co.;
8 (8) First Federal Bank of California, FSB., (9) OneWest Bank, FSB.; (10) JPMorgan Chase NA.;
9 and (11) Washington Mutual Inc.
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10. All rights to any interest or payment of monies now due or to become due in any ill any
account, accounts receivable, agreement, annuity policy value, assignment agreemen~ bond,
bonus, claim against any third party, commercial property purchase agreement, commission,
compensation, contract, credit, deed, deposit, development contract, endowment, escrow account,
financing agreement, indemnity agreement, instrument, insurance policy loan value, insurance
proceed, investment agreement, joint venture agreement, lawsuit, lease, lien, line of credit" loan,
monies, partnership agreement, power of attorney, proceeds, profit, profit-sharing agreement,
purchase agreement, real property, reimbursement agreement, rents, residential purchase
agreement, royalties, settlement, severance payment, stocks, sweat equity agreement that is in the
20 possession, custody, control, or due to JUDGMENT DEBTORS or any employee, consultant, or
21 agent of JUDGMENT DEBTORS;
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IT IS FURTHER ORDERED that JUDGMENT DEBTORS or any of its officers,
directors, agents, shareholders, person or entity on their behalf, or person or entity subject to his
Order are stayed, prohibited, and enjoined from the sale, alienation, mortgage, lien, encumbrance,
advancement, cashing, negotiation, transfer, disposition, hiding, secreting, or otherwise disposing
ofany rights subject to this Order.
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ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING
JUDGMENT DEBTORS

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1 III
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3 IT IS FURTHER ORDERED that JUDGMENT DEBTORS' shall take all necessary
4 actions to execute appropriate written assignments to effect this Order. Failure to comply with this
5 order, efforts to avoid its application, or violation of the restraining order will result in an order of
6 contempt.
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IT IS FURTHER ORDERED that JUDGMENT DEBTORS and third parties who are
served with this notice, shall pay any and all monies due now or to become due and owing under
this Order to: Judgment Creditors clo their attorney, Randall A. Miller, MILLER LLP, 515 South
Flower St., Suite 2150, Los Angeles, California 90071 until the payment of the judgment in the
amount of$2,178,235.51 plus post-judgment interest and allowable costs are paid in full:
NOTICE IS HERBY GIVEN THAT FAILURE BY JUDGMENT DEBTORS
OR ANY OF THE NOTICED THIRD PARTIES TO COMPLY WITH THIS
ORDER MAY SUBJECT THE JUDGMENT DEBTOR OR THIRD PARTY
TO SANCTIONS AND/OR AN ORDER OF CONTEMPT OF COURT.
21 IT IS SO ORDERED
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Dated: _a_~_"""-----L.5/_J-_tJ_i2--
Honorable Robert 1. Hess
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ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING
JUDGMENT DEBTORS