Stacey court orders

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SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
DATE: OS/2 9/12 DEPT. 24
HONORABLE Robert L. Res s JUDGE G. Charles DEPUTY CLERK
HONORABLE
#5
8:33 am
JUDGE PRO TEM ELECTRONIC RECORDING MONITOR
B. Bell CiA . Deputy Sheriff C. Crawley
BC286925 Plaintiff David Chatfield
Counsel David Esquibias
STEPHEN M GAGGERO
VS Defendant Austa Wakily
KNAPP PETERSEN AND CLARKE Counsel
NATURE OF PROCEEDINGS:
NOTICE OF MOTION AND MOTION TO AMEND JUDGMENT TO ADD
JUDGMENT DEBTORS;
The cause is called for hearing.
Per Mr. Esquibias, he has numerous objections not
raised in the opposition based on the Probate Code
and lack of notice. He offers no explanation for
not raising them in the opposition.
The Court notes that Mr. Praske, represented by the
same counsel who represented Mr. Gaggero, has appar-
ently refused to produce the trust documents on the
grounds that they are confidential. That refusal has
resulted in ther now being no evidentiary for any of
the factual assertions concerning the trust which
counsel has made today. In partucular, to the extent
counsel suggests there are beneficiaries and conting-
ent beneficiaries who are entitled to notice, the
actions of Mr. Praske, while reprel:lented byMr. Gagg--=_
ero's counsel, have made this impossible. The offer
to provide further information is of limited scope.
The motion of KPC sets forth a convincing basis that
the entities are the alter ego of Mr. Gaggero, who
controlled this litigation.
The order is signed by the
Reporter
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The motion is granted.
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SUPERIOR 'COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
"DATE: 06/19/12 DEPT. lA
HONORABLE JUDGE B. GREGG/C. HUDSON
S. LOPEZ
DEPUTY CLERK
eSA
HONORABLE MATTHEW ST. GEORGE
#1
M. LEWIS Deputy Sheriff L. LOPEZ, CSR # 6876 Reporter
8:30 am BC286925 Plaintiff
Counsel DAVID BLAKE CHATFIELD *
" . .. ... " ...... "STEPHEN' "M 'gAGGERO"' ,__ " . __ . ...._.. . . _.w.. .. _...•__..,;.. _.._. ~
VS Defendant
KNAPP PETERSEN AND CLARKE Coumel AUSTA WAKILY *
MOTION OF PLAINTIFF 'STEPHEN M. GAGGERO FOR PROTECTIVE
ORDER;
It is stipulateq. that Commissioner Matthew st. George
may hear this matter as Temporary Judge.
Matter comes on for hearing and is argued.
Plaintiff Stephen M. Gaggero's motion _for protective
order is denied.
Judgment debtor examination hearing of 6-20-~2
remains set~
Judgment creditor to give notice.
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SUPERIOR COURT OF CALIFORNIAI COUNTY OF LOS ANGELES
DATE: 06/20/12
HONORABLE JUDGE B. GREGG
S, LOPEZ
DEPT. U
DEPUTY CLERK
CSA
HONORABLE MATTHEW ST. GEORGE
#3
JUDGE PRO TEM ELECfRONIC RECORDING MONITOR
M. LEWIS Deputy Sheriff NONE Reporter
8:30 am BC286925 Plaintiff AUSTA WAKILY *
Counsel
-__ .. __ -STEEHEN-_M_.GAGGERO .... - --'. -_.._..._.._..... .... "." ......._... -- .._.... -- -_......__.. --_. -" _.
VS
KNAPP PETERSEN AND CLJu<KE
Defendant DAVID BLAKE CHATFIELD *
Counse(
EXAMINATION OF JUDGMENT DEBTOR: STEPHEN M. GAGGE;RO
Matter 'is called for hearing.
Stephen M. Gaggero is sworn and examined and
is discharged.
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1 RANDALL A. MILLER (Bar No. 116036)
AUSTA WAKILY (Bar No. 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, STEPHEN M. HARRIS
6 and ANDRE JARDINI
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ORIGINAL FILED
JUN 2 0 2012
LOS ANGELES
SUPERIOR COURT
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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;
TRUSTEE of GIGANIN TRUST, JOSEPH
PRASKE; TRUSTEE of ARENZANO TRUST,
JOSEPH PRASKE; and TRUSTEE of
AQUASANTE FOUNDATION, JOSEPH
PRASKE,
Plaintiffs and Judgment Debtors,
v.
KNAPP, PETERSEN & CLARKE, STEVEN
RAY GARCIA, STEPHEN M. HARRIS and
ANDRE JARDINI,
Defendants and Judgment Creditors.
CASE NO.: BC286925
NOTICE OF RULING RE JUDGMENT
DEBTOR STEPHEN GAGGERO'S
MOTION FOR PROTECTIVE ORDER
[PROOF OF SERVICE]
Hearing:
Time:
Dept.
June 19, 2012
8:30 am
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1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE that on June 19,2012 in Department IA of the above-entitled
3 court Judgment Debtor Stephen Gaggero's Motion for Protective Order relating to his judgment
4 debtor examination came on for hearing. Appearing for Judgment Debtor was David Chatfield of
5 Westlake Law Group and appearing for Judgment Creditors Knapp, Petersen & Clarke, Steven
6 Ray Garcia, Stephen M. Harris, and Andre Jardini (collectively referred to as KPC) was Austa
7 Wakily of Miller LLP. There was no appearance for the remaining Judgment Debtors.
8 The Court, having read and considered the moving papers and having heard oral arguments
9 ruled as follows:
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1. Judgment Debtor's notice of stay filed with the Court fails to provide a valid ground
required by the Los Angeles County Superior Court Local Rule 3.650(b), and is therefore
ineffective;
2. The appeal of the Order Amending the Judgment does not stay the present enforcement
proceeding;
3. Judgment Debtor failed to present a sufficient basis to seal the debtor examination
transcript of Mr. Gaggero, therefore, that request is denied;
4. Judgment Debtor failed to present a sufficient basis to exclude third parties from a public
proceeding, therefore, the request to exclude third parties from Mr. Gaggero's debtor
examination is denied;
5. Judgment Debtor's request to prohibit disclosure of his financial information to third
parties is over broad. Additionally, Judgment Debtor fails to present a sufficient basis in
support of this request, therefore, the request to prohibit the disclosure of Mr. Gaggero's
financial information to third parties who are not directly involved with the collection of
the judgment is denied;
6. Judgment Debtor's reliance on the right to privacy in support of the Motion for Protective
Order fails to address the limited rights of a judgment debtor at a judgment debtor
examination. The Judgment Debtor's motion is denied in its entirety;
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NOTICE OF RULING RE JUDGMENT DEBTOR STEPHEN GAGGERO'S

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1 7. Judgment Debtor's appeal of this order will not stay the debtor examination of Mr.
2 Gaggero set for June 20, 2012;
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Dated: June 19,2012 MILLERLLP
By:
r~~~D~A~L~A~.~M~L~L~E~R~,E~S~Q~.~------------
AUSTA WAKILY, ESQ.
Attorneys for Defendants, KNAPP, PETERSEN &
CLARKE, STEVEN RAY GARCIA, STEPHEN M.
HARRIS and ANDRE JARDlNI
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NOTICE OF RULING RE JUDGMENT DEBTOR STEPHEN GAGGERO'S

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PROOF OF SERVICE
I am a resident of the State of California, over the age of eighteen years, and not a party to
the within action. My business address is Miller LLP, SIS South Flower Street, Suite 2150, Los
Angeles, CA 90071-220 l. On June 19, 2012 I served the within documents:
NOTICE OF RULING RE JUDGMENT DEBTOR STEPHEN GAGGERO'S MOTION
FOR PROTECTIVE ORDER
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by transmitting via facsimile the document(s) listed above to the fax number(s) set
forth below on this date before 5:00 p.m.
by placing the document(s) listed above in a sealed envelope with postage thereon
fully prepaid, in the United States mail at Los Angeles, California addressed as set
forth below.
by causing to be personally served to the person(s) at the addressees) set forth below
on this date before 5:00 p.m.
by causing such document to be transmitted by electronic mail to the office of the
addressees as set forth below on this date before 5:00 p.m.
by causing such document(s) to be sent overnight via Federal Express; I enclosed
such document(s) in an envelope/package provided by Federal Express addressed to
the person(s) at the address (es) set forth below and I placed the envelope/package
for collection at a drop box provided by Federal Express.
SEE ATTACHED SERVICE LIST
I am readily familiar with the finn's practice of collection and processing correspondence
for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
day with postage thereon fully prepaid in the ordinary course of business. I am aware that on
motion ofthe party served, service is presumed invalid if postal cancellation date or postage meter
date is more than one day after date of deposit for mailing in affidavit.
I declare under penalty ofperjury under the laws of the State of California that the above is
true and correct.
Executed on June 19,2012, at Los Angeles, California.
Joseph Dirkx
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PROOF OF SERVICE

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David Blake Chatfield, Esq.
3 WESTLAKE LAW GROUP
2625 Townsgate Road, Suite 330
4 Westlake Village, CA 91361
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David Esquibias, Esq.
6 Tracy Kitzman, Esq.
Law Offices of David Esquibias
7 2625 Townsgate Road, Suite 330
Westlake Village, CA 91361
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SERVICE LIST
Attorney Judgment Debtor, STEPHEN M.
GAGGERO
Ph. (805) 267-1220
Fax: (805) 267-1211
Email: davidblakec@hotmail.com
Attorneys for Judgment Debtors, Pacific
Coast Management, 511 OFW LP,
Gingerbread Court LP, Malibu Broad
Beach LP, Marina Glencoe LP, Blu House
LLC, Boardwalk Sunset LLC, and Joseph
Praske as the Trustee of the Giganin Trust,
Arenzano Trust, and Aquasante
Foundation
Ph. (805) 267-1141
Fax: (805) 267-1140
Email: dae@californiatrustattorney.com
thk@californiatrustattorney.com
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PROOF OF SERVICE

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RANDALL A. MILLER (Bar No~ 116036)
MILLERLLP
Los Angeles, California 90071-2201
Telephone: 800.720.2126
Facsimile: 888.749.5812
Attorneys for Defendants, KNAPP, PETERSEN &
CLARKE, STEPHEN RAY GARCIA, STEPHEN
M. HARRIS and ANDRE JARDINI
JUN 27 2012
COUNTY'OF LOS ANGELES
STEPHEN M. GAGGERO; an individual; CASE NO.: BC286925
PACIFIC COAST MANAGEMENT, INC., a .
Corporation; GINGERBREAD COURT ~P, a [Assigned fOl; all purposes tQ Judge Robert L.
Limited Partnership; 511. OFW, LP a Li¢jted Hess, Dept. 24]
Partnership; MALIBU BROADBEACH ~P, a
Limited Partnership; MARINA GLENCOE [Pl~@jN§"O.] ORDER GRANTING KPC'S
LP, a Limited Partnership; BLU HOUSE LLC, EX PARTE APPLICATION FOR AN
a Limited Liability Company; BOARDWALK ORDER REQUIRING JUDGMENT
SUNSET LLC, a Limited Liability Company; DEBTORS TO POST UNDERSTAKING
TRUSTEE of GIGANIN TRUST, JOSEPH TO STAY ENFORCEMENT
PRASKE; TRUSTEE of ARENZANO
TRUST, JOSEPH PRASKE; and TRUSTEE of
AQUASANTE FOUNDATION,· JOSEPH
PRASKE,
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v.
KNAPP, PETERSEN & CLARKE, STEPHEN
RAY GARCIA, STEPHEN M. HARRlS and
ANDRE JARDINI,
Defendants and Judgment Creditots.
Date:
Time:
Dept.:
Judge:
June 27,2012
8:30 a.m.
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Honorable Robert L. Hess
Having considered ·Defendants and Judgm~ntCreditOFs Knapp, Petersen and Clarke,
.S.t~phel} R.~y Garcia, Stephen.Barris,.anclAndr~ Jardini (K:PC) ex parte avpHcatioTI for an ~Ofdef. •..

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1 requiring Judgment Debtors to post an undertaking to stay enforcement of KPC's judgment and
2 the papers and pleadings submitted in support of and in opposition, and good cause appearing, the
3 Court rules as follows:
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1. The Judgment Debtors Pacific Coast Management, 511 OFW LP, Gingerbread Court LP,
Malibu BroadBeach LP, Marina Glencoe LP, Blu House LLC, Boardwalk Sunset LLC,
Joseph Praske, trustee, of the Giganin Trust, Joseph Praske, trustee, of the Arenzano
Family Trust, and Joseph Praske, trustee, of the Aquasante Foundation are bound by the
judgment as the alter egos ofthe original Judgment Debtor;
2. Judgment Debtors must post an undertaking to stay' enfo~ce1nent of KPC's judgment
pursuant to Code of Civil Proce'dure section 917.1(a)(l) on the grounds that KPC's
judgment is for the payment ofmortey;
3. Judgment Debtors must post an undertaking to stay enforcement of KPC's judgment for
costs under the Court's discretion pursuant to Code of Civil Procedure section 917.9(a)(3);
4. Pursuant to Code of Civil Proc¢duresection 917.1(b) andlor 917.9(c) the Judgment
Debtors must post an undertaking for double the judgment in the amount of $4,365,277.76
within 10 days of entry ofthis order to stay enforcement ofKPC's judgment.
18 IT IS SO ORDERED.
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-Dated: nb/p<?,/rz--
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Judge ofthe Superior Court
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. DATE: 07/13/12
HONORABLE Robert L. Hess
HONORABLE
#8
B. Bell CiA
DEPT. 24
JUDGE G. Charles DEPUTY CLERK
Deputy Sheriff None Reporter
Counsel
David Chatfield (x)
STEPHEN M GAGGERO
VS
KNAPP PETERSEN AND CLARKE
Defendant Austa Waki 1y
Counsel
NOTICE OF MOTION AND MOTION FOR AWARD OF POST-
JUDGMENT ENFORCEMENT COST AND ACCRUED INTEREST.
MOTION OF PLAINTIFF STEPHEN M. GAGGERO, TO TAX COSTS;
The motion to tax costs is denied.
The motion for costs and interest is granted in the
amount sought.
KPC is to submit an order and revised judgment.
Page 1 of 1 DEPT. 24
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(x)
MINUTES ENTERED
07/13/12
COUNTY CLERK

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1 RANDALL A. :tvrrLLER (Bar No. 116036)
2 MlLLERLLP
515 South Flower Street~ Suite 2150
Telephone: 800.720.2126
4 Facsimile: 888.749.5812
5 Attorneys for IOrAPP) PETERSEN & CLARKE,
6 and ANDRE JARDlNI
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SUPERIOR COURT OF CALITORNIA
11 STEPHEN M. GAGGERO; an individual; CASE NO.: BC2&6925
12 Corporation; GINGERBREAD COURT LP, a [Assigned for all purposes to Honorable
Limited Partnership; 511 OFW, LP a Limited Robert L. Hess, D~pt. 24]
13 Partnership; MALIBU BROADBEACH LP. a
Limited Partnership; MARINA GLENCOE 'LP, a ~] THIRD AMENDED
14 Limited Partnership; BLU HOUSE LLC, a JUDGMENT IN FAVOR OF
Limited Liability Company; BOARDWALK DEFEND.ANI'S
15 SUNSET LLC, a Limited Liability Company;
16 PRASKE; TRUSTEE· of ARENZANO TRUST,
JOSEPH PRASKE; and TRUSTEE of
17 AQUASANTE FOUNDATION, JOSEPH
18 PRASKE,
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v.
21 RAY GARCIA, STEPHEN M. HARRIS and
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This Court having entered a judgment in favor of Defendants and Judgment Creditors
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STEPHEN M. GAGGERO, that judgment having been affirmed on appeal and now final, and
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THffiD AN.ffiNDED JUDGMENT IN FAVOR OF JUDGMENT CREDITORS

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Sunset
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and
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DATE: 08/07/12 DEPT. 24
HONORABLE Robert L. Hess JUDGE G. Charles DEPUTY CLERK
HONORABLE
EXP
B. Bell CiA
Deputy Sheriff K. Vilicich Reporter
Counsel
David Esquibas
David Chatfield
(x)
(x)
STEPHEN M GAGGERO
VS
Defendant No Appearance
Counsel
DEFENSE OPPOSITION TO UNFILED EX PARTE APPLICATION
BY PLTF
Order Appointing Court Reporter Pro Tempore is
signed by the Court and filed: Karen Vilicich,
CSR 7634; 2056 Beecham Dr, Rancho Palos Verdes, CA
90275 (310) -251-6192
No Appearance by defendant to present ex parte.
Stay Order dated
Court of Appeal.
iously filed, is
August 6, 2012 received from the
Mr. Gaggero's opposition, prev-
ordered returned.
Pending resolution of the writ of su~ersedeas pending
before the Court of Appeal, the applLcation set for
August 23, 2012 is off calendar as to parties other
than Mr. Gaggero. If the stay is lifted, the Court
will consider hearing on shortened notice as to all
parties other than Gaggero.
As to Mr. Gaggero, the August 23, 2012 hearing will
proceed unless taken off calendar by the moving party.
Non-Gaggero party is to give notice.
MINUTES ENTERED
08/07/12
COUNTY CLERK

COURT OF APPEAL – SECOND DIST.
JOSEPH A. LANE, Clerk
Deputy Clerk
Aug 30, 2012
klewis

08/14/2012 14:48 FAX 2132174838 LA SUPERIOR COURT ~001/001
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AUSTA WAKILY (Sar No. 257424)
2 MILLERLLP
3 Los Angeles, CA 90071·2201
Telephone: 800.720.2126
4 Facsimile: 888.749.5812
6 and ANDRE JARDINI
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STEPHEN M. GAGGERO, an individual, CASE NO,; BC286925
Cotporation: GINGERBREAD COURT LP, a [Assigned for all putposes to Judge Honorable
Limited Partnership; 511 OFW, LP a Limited Judge Robert 1. Hess, Department 24]
Limited Liability Company; BOARDWALK Fa8pe StiDl ORDER FOR
SUNSET LLC, a Limited Liability Company: ASSIGNMENT OF RIGHTS AND
JOSEPH PRASKE, Trustee of GlGANIN ORDER RESTRAINING JUDGMENT
TRUST; JOSEPH PRASKE, Trustee of DEBTORS
ARENZANO TRUST; and JOSEPH PRASKE,
Trustee of AQUASANTE FOUNDATION,
v.
KNAPP. PETERSEN & CLARKE, STEVEN
RAY GARCIA. STEPHEN M. BARRlS and
ANDRE JARDINI,
Judge;
Date:
Time;
Honorable Robert 1. Hess
August 23, 2012
8:30 a.m.
ORDER GRANTING MOTION fOR ASSIGNMENT ORDER AND ORDER RESTRAI:-.rING
JUDGMENT DEBTORS

08/14/2012 13:52 FAX 2132174838 LA SUPERIOR COURT
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~003/015
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Defendants and Judgment Creditors Knapp, Petersen & Clarke's, Steven Ray Garcia's,
Stephen M. HalTis', and Andre Jardini's (collectively, "KPC" or "Judgmem Creditors") Motion
for Assignment of Rights and for Order Restraining Judgment Debtors Stephen M, Gaggero,
Pacific Coast Management, inc" 511 OFW LP, Gingerbread Court LP, Malibu BroadBeach LP,
Marina Glencoe LP, Blu House LLC, and Boardwalk Sunset LLC, Joseph Praske as trustee of the
Giganin Trust, Joseph Praske as trustee of the Arenzano Trust, and Joseph Praske as trustee of the
Aquasante Foundation (collectively referred to as "JUDGMENT DEBTORS") came on regularly
for hearing on August 23.2012 in Department 24 of the above-entitled Court the honorable Robert
1. Hess presiding. Having considered KPC's motion and the papers and pleadings submitted in
support of and opposition and good cause!!,pearing, the Court ,grayts KPC's motion as follows:
n- U>.....r i~ q ""....... ft.«!" -f'iu I ~(I(/rW"f $~ tJl'dv ~ f"4, G:.4.. J. .J.,.
/1.",.«..1 .-..-, lIt!eelf,.~.I f'/'SeJ/#t.JJ 2. •
IT IS ORDERED THAT the Judgment Creditors' motion for aSSignment of rights and
order restraining JUDGMENT DEBTORS is granted, This Order requires the payment of money
under Code of Civil Procedure section 917.1(a), Therefore, JUDGMENT DEBTORS are required
to post an undertaking pursuant to Code of Civil Procedure section 917.I(b) in the amount of
$4,356,471.02 unless the undertaking is given by an admitted surety insurer in which case the
amount of undertaking necessary to stay enforcement ofthis Order is $3,267,353.26.
IT IS FURTHER ORDERED that JUDGMENT DEBTORS rights' to payment now due
or to become due regardless of future development in the following are assigned 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 imerest and allowable costs is paid in full:
1. All rights to any interest or payment of monies now due or to become due to STEPHEN
M. GAGGERO for services rendered that is in the possession, control, or custody of PACJFIC
COAST MANAGEMENT, INC., its agents. employees, or other party acting on its behalf;
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ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING
JUDGMENT DEBTORS

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2. All rights to any interest or payment ofmonies now due or to become due to JUDGMENT
DEBTORS for any service rendered, including but not limited to services rendered in their
capacity as an officer, director, member, trustee, or manager ofany entity;
3. All rights to any interest or payment of monies now due or to become due to JUDGMENT
DEBTORS arising from any settlement, legal claim., or lawsuit including, but not limited to: (I)
Bunge 11. 511 o.F. W LP, et al Los Angeles County Superior Court (Case SCI00361); (2) Sulphur
Mountain Land and Livestock v. Redmond. et ai, Ventura COLlnty Superior Court (Case
CJV214702); (3) Avalon Farms LLC vs. Helcha CAcuna, Ventura County Superior Court (Case
56-2012-00414415-CL-BC-VTA); (4) Avalon Farms LLC vs. Michael Leon Ventura County
Superior Court (Case 56-2012-0041 4406-CL-BC-VTA); (5) Sulphul' Mountain Land & Livestock
Co LLC V$. B/<uce D Barton Ventura County Superior Court (Case 56-2011-00400144-CU~BC-
VTA);
4. All rights to any interest or payment of monies now due or to become due in any in any
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 va.lue, 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 /01' the ben~fll of or accessible to JUDGMENT DEBTORS that is in the
possession, control, custody, or due to the following law firms, attorneys, or any person or entity
acting on their behalf (I) BLECHER & COLLINS PC, 5J5 South Figueroll Street, Suite 1750,
Los Angeles California, 90071; (2) WESTLAKE LAW GROUP, 2625 Townsgate Road Suite
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JUDGMENT DEBTORS

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1 330, Westlake Village, California 91361; (3) JOSEPH PRASKE, 2802 Santa Monica Blvd, Santa
2 Monica, California 90404; (4) BENEDON & SERLIN, 21700 Oxnard Street, Suite 1290,
3 Woodland Hills, California 91367; (5) LAW OFFICE OF DAVID A. ESQUIBIAS, 2625
4 Townsgate Road Suite 330, Westlake Village, California 91361; (6) DAVID BLAKE
S CHATFIELD, 2625 Townsgate Road Suite 330, Westlake Village, California 91361;
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compensation, contract, credi~, 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 a.greement, power of attorney, proceeds, prOfit, profit-sharing agreement,
agreement, royalties, settlement, severance paymellt, stocks, sweat equity agreement that is held in
the name of or for the benefit of 01' accessible to JUDGMENT DEBTORS that is in the
posseSSion, control, custody, or due to the following individuals Of 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 MARKEVICJUS; AND (20) VITA MARKEVICIUS;
6. All rights to any interest or payment of monies now due Of to become due in any in any
a,·count, accounts receivable, agreement, annuity policy value, assignment agreement, bond,
ORDER. GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRArNNG
TIJDGM.ENT DEBTORS

08/14/2012 13:54 FAX 2132174838 LA SUPERIOR COURT ~006!015
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compensation, contract, credit, deed, deposit, development contract, endowment, escrOW account,
tlnancing agreement, indemnity agreement, instrument, insurance policy loan value, insurance
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 CORPORATTON; (2)
CANADA LARGA LAND AND LIVESTOCK CO., LLC.; (3) SULPHUR MOUNTAIN LAND
AND LIVESTOCK CO., LLC; (4) AVALON FARMS 1LC; (5) EXCALIBUR HOLDINGS
11C; (6) CLASSIC EXCALIBUR HOLDING LLP.: (7) GAGGERO INVESTMENTS LP; (8)
AVENUE PROPERTIES LLC; (9) CAPITAL INVESTMENTS LLC; (0) 230 MAIN LLC; (11)
EQUICOR CAPITAL INC.; (12) I.D,C. DEVELOPMENT, LTD.; (13) MONTICELLO
PROPERTTES, SA: (14) WASHINGTON SHORES, LLC; (15) PARKHOUSE LLC: (16)
AVALON ENGINEERING, INC.; AND (17) BUON GUSTO, LLC;
7. All righls to any interest or payment of monies now due or to become due in any in any
bonus, claim against any third party, commel'cial property purchase agreement, commission,
compensation, contract, credit, deed, deposit, development contract, endowment, escrow account,
tlnancing agreement, indemnity agreement, instrument, insurance policy loan value, insurance
monies, partnership agreement, power of attorney, proceed8, prOfit, profit-sharing agreement,
the name qf or jor the ben~fit of or accessible to JUDGMENT DEBTORS that is in the
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ORDER GRANTING MOTION POR ASSIGNMENT ORDER k'm ORDER RESTRAINING
JUDGMENT DEBTORS

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1 possession, control, custody, or due to the following trusts, its successors or any person or entity
2 acting on its behalf: (1) GAGGERO FAMILY TRUST, Sue Gaggero Trustee; (2) TERRA MAR
3 TRUST, Joseph Praske Trustee; (3) GBC TRUST, Joseph Praske Trustee; (4) OFW TRUST,
4 Joseph Praske Trustee; (5) AVALON TRUST, Joseph Pl'aske Trustee; (6) PRl,,-SKE 21 TRUST,
S Joseph Praske Trustee; (7) PRASKE 22 TRUST. Joseph Praske Trustee; (8) PRASKE 33 TRUST,
6 Joseph Praske Trustee;
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8 8. All rights to any interest or payment now due or to become due in any property owned by
9 JUDGMENT DEBTORS, including but not limited to the following properties: (1) 517 Ocean
10 Front Walk, Venice, California, 90291; (2) 511 Ocean Front Walk, Venice, California, 90291; (3)
11 523 Ocean Front Walk, Venice, California, 90291; (4) 601 Ocean Front Walk, Venice, California,
12 90291; (5) 3501 Canada Larga, Ventura, California, 93001; (6) 2886 Solimar Beach Drive,
13 Ventura, California, 93001; (7) 343 E. Main Street Ventura, California, 93001; (8) 230 E. Main
14 Street, Ventura, California, 93001; (9) 22810 Pacific Coast Highway, Malibu, California, 90265;
15 (10) 22806 Pacific Coast Highway, Malibu, Califomia, 90265; and (11) 33222 Pacific Coast
16 Highway, Malibu, California 90265.
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compensation, contract, credit, deed.. deposit, development contract, endowment, escrow account,
financing agreement, indemnity agreement, instrument, insurance policy loan value, insurance
proceed, investment a.greement, joint venture agreement, lawsuit, lease, lien, line of credit Joan,
ORDER GRANTING MOTION FOit ASSIGNMENT ORDER AND ORDER RESTRAINING
JUDGMENT DEBTORS

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possession, control, custody, or due to the following financial institutions its successors, related or
associated entities, or any entity acting liS its agent: (1) Hawthorne Savings, FSB; (2) Hawthorne
Financial Corporation; (3) Hawthorne Savings & Loan; (4) Commercial Capital Bancorp Inc.; (5)
JP Morgan Chase Bank, N.A.; (6) Temecula Valley Bancorp; (7) First Citizens Bank & Trust Co.;
(8) First Federal Bank of California, FSB" (9) OneWest Bank, FSB.; (10) JPMorgan Chase NA.;
and (ll) Washington Mutual Inc,
compensation, contract, credit, deed, deposit, developmel1l contract, endowment, escrow account,
financing agreement, indemnity agreement, instrument, insurance polley loan value, insurance
monies, pal1nership agreement power of attorney, proceeds, profit, profit-sharing agreement,
agreement. royalties, settlement, severance payment, stocks, sweat equity agreement that is iJi the
possession, custody, control, or due to JUDGMENT DEBTORS or any employee, consultant, or
agent of JUDGtvfENT DEBTORS;
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 other.visc disposing
24 of any rights subject to this Order,
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:rt:-'DGMENT DEBTORS

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IT IS FURTHER ORDERED that JUDGMENT DEBTORS' shall take all necessary
actions to execute appropriate written assignments to effect this Order. Failure to comply with this
order, efforts to avoid its application, or violation of the restraining order will result in an order of
contempt.
IT IS FURTHER ORDERED that JUDGMENT DEBTORS and third parties who are
served with this notice, shall pay any and all monies due now 01' to become due and owing under
this Order to: Judgment Creditors c/o 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 fuIl:
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.
19 IT IS SO ORDERED
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Dated: 9'/1 :t/ ?() / L
TI Honorable Robert L. Hess
-8-
ORDER QRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING
JUDGMENT DEBTORS

09/14/2012 13:52 FAX 2132174838 LA SUPERIOR COURT
Il!J001/015
DATE: 09/13/12 DEPT. 24
HONORABLB Robert L. Hess JUDGE G. Charles DEPUTY CLEl<K
IlONOl<AIILIl lUDGE PRO T6M ELECTRONIC l<ECOROING MONITOR
B. Bell CIA
8:30 am BC286925
STEPHEN M GAGGERO
Deputy Sheriff None
Plaintiff
Coun5el
Defendant
vs Couns.1
COURT ORDER
No Appearances
The Court now signs the Order for Assignment of
Rights and the Order for Appointment of Receiver
(Jay K. Adkisson).
A copy of the Court's Orders and the minute order are
sent via facsimile transmission to moving party, who
is to give notice.
Austa Wakily
988-749-5812
Reporter
MINUTES EN'l'EREtl
09/13/12
COUN';t'Y CLERK

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RANDALL A. MILLER (Bar No. 116036)
AUSTA WAKILY (BarNo. 257424)
MILLERLLP
Los Angeles, CA 90071-2201
Telephone: 800.720.2126
Facsimile: 888.749.5812
U)s !!I;1p~J!uRT
OCT 08 2012
JO~ A CLA~.fLIZRK
BYGE ~ AwL·
Attorneys for KNAPP, PETERSEN & CLARKE,
and ANDRE JARDINI
=R~<!HARLES. DEPUTY
STEPHEN M. GAGGERO; an individual;
Partnership; MALIBU BROAD BEACH LP, a
Limited Partnership; MARINA GLENCOE
LP, a Limited Partnership; BLU HOUSE LLC,
a Limited Liability Company; BOARDWALK
PRASKE; TRUSTEE of ARENZANO
TRUST, JOSEPH PRASKE; and TRUSTEE of
AQUASANTE FOUNDATION, JOSEPH
PRASKE,
v.
KNAPP, PETERSEN & CLARKE, STEPHEN
ANDRE JARDINI,
CASE NO.: BC286925
[Assigned for all purposes to Judge Honorable
Judge Robert 1. Hess, Department 24]
ilF"I~ :v'9&~
[PROP88ED] ORDER FOR THE
APPOINTMENT OF RECEIVER
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[pROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
Defendants and Judgment Creditors Knapp, Petersen & Clarke's, Steven Ray Garcia's,
Stephen M. Harris', and Andre Jardini's (collectively, "KPC" or "Judgment Creditors") Motion
for the Appointment of a Receiver came on regularly for hearing as to Stephen M. Gaggero on
August 23,2012 and on October 3,2012 as to the remaining Judgment Debtors in Department 24
of the above-entitled Court the honorable Robert L. Hess presiding. Having considered KPC's
Motions for the Appointment of a Receiver and the papers and pleadings submitted in support of
and opposition and good cause appearing, the Court grants KPC's motion as follows:
IT IS ORDERED THAT Judgment Creditors KPC's Motion for the Appointment of a
Receiver to enforce their judgment against Judgment Debtors Stephen M. Gaggero, Pacific Coast
Management, Inc., 511 OFW LP, Gingerbread Court LP, Malibu BroadBeach LP, Marina Glencoe
LP, Blu House LLC, and Boardwalk Sunset LLC, Joseph Praske as trustee of the Giganin Trust,
Joseph Praske as trustee of the Arenzano Trust, and Joseph Praske as trustee of the Aquasante
Foundation (collectively referred to as "JUDGMENT DEBTORS") in the amount of
$2,178,235.51 plus post-judgment interest and allowable costs is GRANTED.
IT IS FURTHER ORDERED THAT the JUDGMENT DEBTORS must post an
undertaking in the amount of for $4,356,471.02 unless the undertaking is given by an admitted
surety insurer in which case the amount of undertaking necessary to stay enforcement of this
Order is $3,267,353.26. Code Civ. Proc. § 917.5.
Ill...)} D AIT IS FURTHER ORDERED THAT .~A-'1 r /JiLl S~r}n./ ("Receiver") is
appointed as post judgment receiver of the Judgment Debtors. The receiver shall file a $10,000
receiver's bond and Receiver's oath within 10 days ofthis Order. /JV1.t I'5tJwl
J/.} MY.) 011-1'11
fll/ii/IOv<'l'1 I'J) ,YJ.J )/I/JL..( S' //Jyu'~ . 12?W
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[PROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER

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IT IS FURTHER ORDERED THAT upon filing the bond and oath the Receiver is
endowed with the powers, rights duties and obligations, as set forth below:
1. Investigate all of the Judgment Debtors' assets and liabilities including, but not limited to,
deposit accounts, investments, business interests, the nature and extent of any ownership,
operation, value and/or other involvement with any and all real property and/or rental
properties, purchase options, motor vehicles, personal property, the current residence of
Judgment Debtors, any business entities, corporations, partnerships or joint ventures
involved with Judgment Debtors, and any litigation;
2. Take possession of any assets and/or property, as well as copies of any records (paper,
electronic or otherwise) relating to Judgment Debtor assets and Stephen M. Gaggero's
estate plan;
3. Investigate any and all transfers of assets (real, personal or other) and any and all accounts
of any of the Judgment Debtors or their entities, and request and receive tax retUrns of
Judgment Debtors or of any corporate or other business ~ntity' in which any Judgment
Debtor is involved;
4. Employ agents and employees as the receiver believes in his business judgment, necessary
to carry out his duties as receiver and u~on .court order to pay the agents and employees at
ordinary and usual rates and prices pursuant to appropriate contracts out offunds that come
into his possession as receiver, including a court approved attorney pursuant to C.R.C.
3.1180;
5. Enforce the Assignment Order and Order Restraining Judgment Debtors entered into by
this Court;
6. Record this Order and/or any appropriate liens on any or all property of any of the
Judgment Debtors;
7. Hold any such property or records until further order ofthis Court.
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1 IT IS FURTHER ORDERED THAT:
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8. The Receiver and/or Parties to this action may, from time to time, and upon notice to other
Parties in this action, petition this Court for further instructions, clarification and for
further powers necessary to enable the Receiver to properly perform his duties;
9. The Receiver may generally do such other things as are necessary or incidental to the
foregoing specific powers, directions and general authority and to take actions relating to
any property provided the Receiver obtains prior court approval for any actions beyond the
scope contemplated herein.
10. The Receiver shall have all rights and powers of the Debtors to obtain immediate access to
Judgment Debtors financial records from any third party, specifically including any
financial institution, to locate, trace and to freeze any funds or additional records, pending
further Court Order, and to collect, receive, demand all cash proceeds of the Judgment
pebtors including, but not limited to, cash, investments, loan proceeds, negotiable
instruments, savings, prepayments, deposits, reimbursements, receivables, notes, offsets, as
well as future contingent interests upon realization.
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11. Receiver's hourly rate will be $ 3mf . - per hour plus costs, or such other rate as set by
the Court, plus costs as approved by the Court.
.IT IS FURTHER ORDERED THAT the Judgment Debtors and their respective agents,
partners, managers, attorneys, employees, assignees, successors, representatives and all persons
21 acting under, in concert with or for them:
22 12. Shall relinquish and immediately tum over possession of all "financial books, records and
23 ownership documents" relating directly or indirectly to any of Judgment Debtors assets
24 and liabilities to the Receiver within seven (7) court days ofthe appointment of a Receiver.
25 13. Shall tum over to the Receiver, and direct all managers and other third parties in
26 possession thereofto turn over all documents and records concerning any deposit accounts,
27 web sites, emails, in whatever mode maintained, including information contained on
28
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.computers and any and all software relating thereto, as well as all banking records,
statements, canceled checks, electronic records and passwords.
14. Shall immediately tum over to the Receiver documents regarding any transfers of assets
valued over $10,000.00 to any third party within the past seven (7) years, wherever
located.
15. Shall immediately advise receiver as to the nature and extent of any insurance coverage.
Judgment Debtors shall immediately name the Receiver as an additional insured on the
insurance policies for the period Receiver is in possession ofthe assets;
16. Judgment Debtors are prohibited from cancelling, reducing or modifying any and all
insurance coverage currently in existence.
IT IS FURTHER ORDERED that pending further Order of this Court, Judgment Debtors
and their respective agents, servants, partners, managers, employees, attorneys, assignees,
successors, representatives, and all other persons acting under, in concert with or for them who
have actual or constructive knowledge ofthis Order, and their agents and employees;
17. Shall not commit or permit any waste on any of Judgment Debtors' assets.
18. Shall not demand, collect, receive, discount or in any other way divert or use any proceeds
owed to any Judgment Debtor, directly or indirectly.
19. Shall not directly/indirectly interfere in any manner with the discharge ofReceiver's duties
under this Order or in furtherance ofthe Receiver's receivership duties.
20. Shall not expend, disburse, transfer, assign, sell, convey, devise, pledge, mortgage,
hypothecate, create a security interest in, encumber, gift, conceal, or in any manner
whatsoever deal in or dispose of all or any part of any Judgment Debtor's property (real,
personal, or otherwise) interests without further Court Order.
21. Shall not do any act which will, or may, impair, defeat, divert, prevent or prejUdice
preservation of any Judgment Debtor's property.
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1 IT IS FURTHER ORDERED that the parties shall give notice to the Receiver of any event
2 that may affect the receivership.
3
4 IT IS FURTHER ORDERED THAT that the Receiver will have the following additional
5 powers with respect to Judgment Debtors Pacific Coast Management, Inc., 511 OFW LP,
6 Gingerbread Court LP, Malibu BroadBeach LP, Marina Glencoe LP, Blu House LLC, and
7 Boardwalk Sunset LLC, Joseph Praske as trustee of the Giganin Trust, Joseph Praske as trustee of
8 the Arenzano Trust, and Joseph Praske as trustee ofthe Aquasante Foundation (referred to as Alter
9 Ego Judgment Debtors):
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22. Until further order of this Court, the Receiver has full and exclusive power, duty, and
authority to administer and manage all of Alter Ego Judgment Debtors' business affairs,
funds, assets, choses in action and any of its other property, and is vested with all of the
powers of the Alter Ego Judgment Debtors' shareholders, directors and officers. No one
other than the Receiver has authority to file any voluntary bankruptcy petition on behalf of
I '/1.- .() h· v (,7 'i h&..<-kru./Jlc... (""ithe Alter Ego Judgment Debtors'(..Ut. ~ Ie",.,...TI C'e 1 I ~ r ' F 7
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. 23. The Receiver is authorized to, and shall, take exclusive possession and control of any and
all documents, records, property and assets, wherever located within or outside this state,
of the Alter Ego Judgment Debtors including, but not limited to, the following: All
accounts, contract rights, general intangibles and payment intangibles, including without
limitation, contracts and accounts, all proceeds thereof, and all writings or other records in
whatever form (including electronic) which document any of them, including, but not
limited to, written agreements, purchase orders, invoices, receipts, checkbooks, check
registers, passbooks, journals, ledgers and books of account from which Judgment Debtor
receives payments or other data used in or related to its business.
24. The Receiver is also authorized to, and shall, take possession of any and all real property
owned by the Alter Ego Judgment Debtors', or in which the Alter Ego Judgment Debtors
have any interest.
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25. The Receiver is authorized to take all necessary steps to receive, collect, and review all
mail addressed to the Alter Ego Judgment Debtors. At the Receiver's discretion, the
Receiver is authorized to instruct the U.S. Postmaster to reroute, hold, and/or release said
mail to the Receiver.
26. The Receiver is authorized to, and shall, take possession of all of the Alter Ego Judgment
Debtors' bank accounts, wherever located within or without this state, and shall receive
possession of any money on deposit in said bank accounts. Any bank or other financial
institution maintaining any such account shall, upon presentation of a copy of this order,
immediately deliver any such funds to the Receiver and shall provide the Receiver with
copies ofany documents or records concerning such accounts as the Receiver may request.
27. The Receiver is authorized to, and shall, demand, collect, and hold all of the Alter Ego
Judgment Debtors' accounts receivable and all proceeds thereof including, but hot limited
to, any escrow accounts containing funds to be dispersed upon the occurrence of a
particular event.
28. The Receiver is authorized to, and shall, present for payment any checks, money orders,
negotiable instruments or commercial paper through which the Alter Ego Judgment
Debtors are compensated for its goods and/or services. The Receiver is authorized to, and
shall, endorse the same and collect the proceeds, including, but not limited to, the proceeds
from any escrow accounts containing funds to be dispersed upon the occurrence of a
particular event.
29. The Receiver is authorized to, and shall, deposit all proceeds collected and taken under the
Receiver's exclusive possession and control into an interest bearing bank account
("Receiver Trust Account") to be thereafter used and maintained by the Receiver in
furtherance of the Receiver's duties and powers set forth herein. The Receiver shall keep
detailed accounting records of all deposits to and all expenditures from the Receiver Trust
Account, and shall maintain those accounting records until the termination of the
receivership.
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1 30. No such risk or obligation so incurred shall be the personal risk or obligation of the
2 Receiver, but shall be the risk and obligation ofthe receivership estate.
3 31. The Receiver shall, within thirty (30) days of the effective date of this appointment, file
4 and serve an inventory setting forth a list of all property of which the Receiver has taken
5 exclusive possession pursuant to this order to the Court. The Receiver shall file a
6 supplemental inventory if he takes possession of any additional property pursuant to this
7 order after thirty (30) days ofthe effective date.
8 32. Upon reasonable notice, the parties shall have access to all non-privileged documents in
9 the Receiver's possession, and may copy any such documents at their expense.
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NOTICE IS HEREBY GIVEN THAT INTERFERENCE WITH RECEIVER'S
DUTIES/ACTIONS AND/OR FAILURE BY JUDGMENT DEBTORS OR ANY PARTY
OR THEIR PRINCIPALS, EMPLOYEES, AGENTS, ATTORNEYS, OR
REPRESENTATIVES TO COMPLY WITH TillS ORDER MAY SUBJECT THE PARTY
TO BEING HELD INCONTEMPT OF COURT.
16 IT IS SO ORDERED
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18 Dated: ()~~ ~/ h,JJ2
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[PROPOSED] ORDER FOR THE APPOINThlIENT OF A RECEIVER

DATE: lO / 03 /l2 DEPT. 24
HONORABLE Robert L. Hess JUDGE G. Charles DEPUTY CLERK
HONORABLE
#1
B. Bell CiA
DeputySheriff Y. Huff CSR l2570 Reporter
8:30 am BC286925 Plaintiff Edward Hoffman
Counsel David Chatfield
(x)
(X)
STEPHEN M GAGGERO
VS
Defendant Austa Wakily
Counsel Jay Adkisson
(Receiver)
NOTICE OF MOTION AND MOTION FOR APPOINTMENT OF
RECEIVER;
MOTION FOR ASSIGNMENT OF RIGHTS AND ORDER RESTRAINING
JUDGMENT DEBTORS;
The cause is called for hearing, argued and submitted.
Later, Order For Appointment of Receiver and Order for
Assignment of Rights and Order Restraining Judgment
Debtor are signed by the Court and filed.
A copy of each order is sent via u.S. mail to
moving party, who is to give notice.
Austa Wakily
MILLER LLP
515 S. Flower St
Suite 2150
Los Angeles, CA 9007l
(X)
(X)
Page l of 1 DEPT. 24
MINUTES ENTERED
10/03/12
COUNTY CLERK
•

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
STEPHEN M. GAGGERO,
Plaintiff and Appellant,
v.
KNAPP, PETERSON & CLARKE et al.,
Defendants and Respondents.
B236834
(Super. Ct. No. BC286925)
Los Angeles County
O R D E R
Appellant appeals from an order entered on October 5, 2011 by the Los Angeles
Superior Court granting defendants/respondents’ motion to compel responses to
interrogatories and imposing monetary sanctions of $2000 jointly and severally on
appellant and his counsel. Discovery orders and orders directing payment of monetary
sanctions less than $5, 000 are not appealable within the meaning of Code of Civil
Procedure, §904.1(a)(1)(11) and (12). Therefore, on the court’s own motion, the notice
of appeal filed October 21, 2011 is dismissed as having been taken from a non-appealable
order.
_______________________________
Rubin, Acting Presiding Justice
RUBIN, Acting P.J.
Deputy Clerk
Oct 03, 2012
K LEWIS

Deputy Clerk
Oct 03, 2012
bfisher

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FILEDLOS ANOdES'SUPERIOR COURT1 RANDALL A. MILLER (Bar No. 116036)
2 MILLERLLP
OCT 03 2012515 South Flower Street, 'Suite 2150
Telephone: 800.720.2126
4 Facsimile: 888.749.5812
JO~ A. CLAR.!l~K
BY GE&=~HARLESI DEPUTY
STEVEN RAY GARCIA, STEPHENM. HARRIS '
6 and ANDRE JARDINI
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SUPERlOR COURT OF CALIFORNIA
STEPHEN M. GAGGERO, an individual, CASE NO.: BC286925
Corporation; GINGERBREAD COURT LP, a [Assigned for all purposes to Judge Honorable
Limited Partnership; 511 OFW, LP a Limited Judge Robert L Hess, Department 24]
Partnerslrip; MALIBU BROADBEACH LP, a
Limited Partnership; MARINA GLENCOE LP, /fA rSWe/}
a Limited Partnership; BLU HOUSE LLC, a ft~
Limited Liability Company; BOARDWALK ~tD] ORDER FOR
SUNSET LLC, a Limited Liability Company; ASSIGNMENT OF RIGHTS AND
JOSEPH PRASKE, Trustee of ,GIGANIN ORDER RESTRAINING ,JUDGMENT
TRUST; JOSEPH 'PRASKE, Trustee' of DEBTORS
Trustee ofAQUASANTE FOUNDATION,
Plaintiffs and JudgmentDebtors,
v.
ANDRE JARDINI,
judge:
Date:
Time:
Honorable Robert 1. Hess
October 3, 2012
8:30 a.m.
ORDER GRANTlN'G MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINJNG
JUDGMENT DEBTORS

1 TO ALL PARTIES AND riIEIRATTORNEYS 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 "JUDGMENT 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 JUDGMENT DEBTORS is granted. This Order requires the payment ofmoney
16 under Code of Civil Procedure section 917.1(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 glvenby an admittedsurety insurer in which case the
19 amount ofundertaking necessary to stay enforcement ofthis Order is $3,267,353.26.
20
21 IT IS FURTHER ORDERED that JUDGMENT 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 ofthe 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 GRANTThfG MOTION FOR ASSIGNMENT ORDERAND 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 ofmonies 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;
7
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 SCI00361); (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 (Cas~ 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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bonus, claiin against any third party, commercial property purchase agreement, commi1?sion,
monies, partnership agreement, power of attorney, proceeds, profrt, profit-sharing agreement,
purchase agreement, real property,. reimbursement agreement, rents, residential purchase
the name of or for the benefit of or accessible to JUDG1'v.IENT DEBTORS that is in the
ORDER GRANTThfG MOTION FORASSIGNMENT ORDER AND ORDERRESTRAlNING
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) BEl'ffiDON & SERLIN, 21700 Oxnard Street, Suite 1290,
6 Woodland Hills, California 91367; (5) LAW OFFICE OF DAVID A. ESQUIBlAS, 2625
,
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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compensation, contract, credit, deed, deposit, development contract; endowment, escrow account,
fmancing agreement, indemnity agreement, instrument, insurance.policy loan value, insurance
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 MOORJNG; (12) GAlL MOORING; (13) KATHRYN HARTLEY; (14)
MARK HARTLEY; (15) ROBERT HABER; (16) JAMES PERSE, (18) JAMES MESA; (19)
ALBINA MARKEVICWS; AND (20) VITA MARKEVICmS;
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ORDER GRANTING MOTION FORASSIGNMENT ORDERAND ORDER RESTR.AINWG
JUDGlv.ffiNT DEBTORS

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financingagreernent, indemnity agreement, instrument, insurance policy loan value, insurance"
purchase aweement, real property, reimbursement agreement, rents, residential purchase
the "name of or for "the benefit of or accessible to JUDG1vlENT 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 CQ., LLC; (4) AVALON FARMS LLC; (5) EXCALIBUR HOLDINGS
LLC; (6) CLASSIC EXCALIBUR HOLDmG LLP; (7) GAGGERO INVESTMENTS LP; (8)
AVENUE PROPERTIES LLC; (9) CAPITAL INVESTMENTS LLC; (10) 230 MATh! LLC; (11)
EQUICOR CAPITAL INC.; (12) LD.C. DEVELOPMENT, LTD.; "(l3) MONTICELLO
PROPERTIES, SA; (14) WASBIN"GTON SHORES, LLC; (15) PARKHOUSE LLC; (16)
AVALON ENGINEERJNG, INC.; AND (17) BUON GUSTO, LLC;
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yompensation, contract, credit, deed, deposit, development contract, endowment, escrow account,
proceed, investment agreement, jomt venture agreement, lawsuit, lease, lien, line of credit, loan,
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ORDER GRANTIN"G MOTIONFOR ASSIGNJvIENT ORDER A-"ND ORDER RESTRAINJNG
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 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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8. All rights to any interest or payment now due or to become due in any property owned by
JUDGMENT DEBTORS, including but not limited to the following properties: (1) 517 Ocean
Front Walk, Venice, California, 90291; (2) 511 Ocean Front Walk, Venice, California, 90291; (3)
523 Ocean Front Walk, Venice, California, 90291; (4) 601 Ocean Front Walk, Venice, California,
90291; (5) 3501 Canada Larga, Ventura, California, 93001; (6) 2886 Solimar Beach Drive,
Ventura, California, 93001; (7) 343 E. Main Street Ventura, California, 93001; (8) 230 E. Main
Street, Ventura, California, 93001; (9) 22810 Pacific Coast Highway, Malibu, California, 90265;
(10) 22806 Pacific Coast Highway, Malibu, California, 90265; and (11) 33222 Pacific Coast
19 Highway, Malibu, California 90265.
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account, accounts receivable, agreement, annuity policy value, -assignment agreement, bond,
fmancing agreement, indemnity agreement, instrument, insurance policy loan value, insurance
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ORDER GRirnTING MOTION FOR ASSIGNMENT ORDERAND-ORDERRESTRAINING
JDDG1vffiNT 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, PSB; (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, PSB., (9) OneWest Bank, FSB.; (10) JPMorgan Chase NA.;
9 and (11) Washington Mutual Inc.
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account, accounts receivable, agreement, rumuity policy value, assignment agreement,. bond,.
financing agreement, indemnity agreement, instrument, insurance policy loan value, insmance
proceed, investment agreement, joint venture agreement, lawsuit, lease, lien, line of credit" loan,
purchase agreement, real property, reimbursement agreement, rents, residential p.urchase
agreement, royalties, settlement, severance payment, stocks, sweat equity agreement that is. in the
possession, custody, control, OT due to JUDGJvfENT DEBTORS or any employee, ·consultant, or
agent of JUDGlv1ENT DEBTORS;
IT IS FURTHER ORDERED that JUDGlv1EJTT 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 subjectto this Order.
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ORDER GR.INTING MOTION FOR ASSIGNMENT ORDER AND ORDERRESTRAINING
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 th~ restraining order will result in an order of
6 contempt.
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IT IS YlJRTHER 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 cia 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 fun:
NOTICE IS HERBY GIVEN THAT FAILURE BY JUDGl1ENT DEBTORS
OR ANY OF THE NOTICED TIDRD" PARTIES TO COMPLY WITH TIllS
ORDER MAY SUBJECT THE JUDGMENT DEBTOR OR THIRD PARTY
TO SANCTIONS AND/OR AN ORDER OF CONTElVlPT OF COURT.
21 IT IS SO ORDERED
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~__ 5 J-OJ2--Dated: Ut. f
-8-
ORDER GRANTING MOTION FORASSIGNMENT ORDER A..llD ORDERRESTR.AINmG
JUDGMENT DEBTORS

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AUSTA WAKlLY (Bar No. 257424)
2 MILLERLLP
Telephone: 800.720.2126
4 Facsimile: 888.749.5812
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Attorneys for KNAPP, PETERSEN & CLARKE,
and ANDRE JARDINI
STEPHEN M. GAGGERO, an CASE NO.: BC286925
individual, PACIFIC COAST
MANAGEMENT, INC., a Corporation; PROOF OF SERVICE FOR REISSUED ORDER
GINGERBREAD COURT LP, a Limited FOR ASSIGNMENT OF RIGHTS AND ORDER
Partnership; 511 OFW, LP a Limited RESTRAINING JUDGMENT DEBTORS
Partnership; MALIBU BROADBEACH
LP, a Limited Partnership; MARINA Complaint Filed: December 12, 2002
GLENCOE LP, a Limited Partnership; Trial Date: March 19,2013
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 of AQUASANTE
FOUNDATION,
v.
KNAPP, PETERSEN & CLARKE,
STEVEN RAY GARCIA, STEPHEN M.
HARRIS and ANDRE JARDINI,
Defendants
Creditors.
and Judgment
-1-
POS-REISSUED ORDER FOR ASSIGNMENT OF RIGHTS & ORDER RESTRAINING JUDGMENT DEBTORS

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PROOF OF SERVICE
I am a resident ofthe State of California, over the age of eighteen years, and not a party to
the within action. My business address is Miller LLP, 515 South Flower Street, Suite 2150, Los
Angeles, CA 90071-2201. On October 8, 2012, I served the within documents:
REISSUED ORDER FOR ASSIGNMENT OF RIGHTS AND ORDER RESTRAINING
JUDGMENT DEBTORS
D
D
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D
. by placing the document(s) listed above in a sealed envelope with postage thereon
forth below.
by causing to be personally served to the person(s) at the addressees) set forth below
by causing such document to be transmitted by electronic mail to the office ofthe
I am readily familiar with the firm's practice of collection and processing correspondence
motion ofthe party served, service is presumed invalid ifpostal cancellation date or postage meter
date is more than one day after date of deposit for mailing in affidavit.
, I declare under penalty ofperjury under the laws ofthe State of California that the above is
true and correct.
Executed on October 8, 2012, at Los Angeles, C<y,p"CIU.ll
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KRlSTIN PETERS
BLECHER & COLLINS
515 South Figueroa Street, Suite 1750
Los Angeles, CA 90071-3334
STEPHEN M. GAGGERO
SERVICE LIST
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Attorneysfor Plaintiff, STEPHENM.
GAGGERO
Ph. (213) 622-4222
Fax: (213) 689-1944
N/A
Plaintiff
POS-REISSUED ORDER FOR ASSIGN1v1ENT OF RIGHTS & ORDER RESTRAINING JUDGMENT DEBTORS

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PROOF OF SERVICE
I am a resident ofthe State of California, over the age of eighteen years, and not a party to
the within action. My business address is Miller LLP, 515 South Flower Street, Suite 2150, Los
Angeles, CA 90071-2201. On October 8, 2012, I served the within documents:
REISSUED ORDER FOR ASSIGNMENT OF RIGHTS AND ORDER RESTRAINING
JUDGMENT DEBTORS
D
D
D
D
by placing the document(s) listed above in a sealed envelope with postage thereon
forth below.
by causing to be personally served to the person(s) at the address(es) set forth below
by causing such document to be transmitted by electronic mail to the office ofthe
I am readily familiar with the fIrm's practice of collection and processing correspondence
motion ofthe party served, service is presumed invalid ifpostal cancellation date or postage meter
date is more than one day after date ofdeposit for mailing in affidavit.
I declare under penalty ofperjury under the laws ofthe State of California that the above is
true and correct.
Executed on October 8, 2012, at Los Angeles, California.
susy~
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David Blake Chatfield, Esq.
WESTLAKE LAW GROUP
2625 Townsgate Road, Suite 330
Westlake Village, CA 91361
SERVICE LIST
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Attorney Judgment Debtor, STEPHEN M.
GAGGERO
Ph. (805) 267-1220
Fax: (805) 267-1211
Email: davidblakec@hotmail.com
POS-REISSUED ORDER FOR ASSIGNMENT OF RIGHTS & ORDER RESTRAINING JUDGIv1ENT DEBTORS

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1 RANDALL A. MILLER (BarNo. 116036)
2 MILLERLLP
515 South Flower Street,Suite 2150
Telephone: 800.720.2126
4 Facsimile: 888:749.5812
STEVEN RAY GARCIA, STEPHENM. HARRIS
6 and ANDRE JARDINI
7
OCT 03 2012
JO~ A. CLA~~K
BY GE'~HARLES, OEPUTY
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STEPHEN M. GAGGERO, an individual,
Limited Liability Company; BOARDWALK
JOSEPH PRASKE, Trustee of GIGANIN
TRUST; JOSEPH PRASKE, Trustee' of
Trustee ofAQUASANTE FOUNDATION,
v.
ANDRE JARDINI,
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:
October 3,2012
8:30 a.m.
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:
13
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.
20
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:
26
27
28
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ORDER GRANTlNG MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING
JUDGMENT DEBTORS

0:::
w
.....J
.....J
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;
7
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);
17
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20
21
22
23
24
25
26
27
28
-3-
JUDGMENT DEBTORS

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