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Stacey court orders

The document summarizes minutes from hearings in Superior Court of California, County of Los Angeles regarding a motion to amend judgment and add judgment debtors, and motions for a protective order and examination of judgment debtor Stephen Gaggero. The court granted the motion to amend judgment and add judgment debtors. It denied Stephen Gaggero's motion for a protective order relating to his upcoming judgment debtor examination. The examination of Stephen Gaggero as judgment debtor then took place.

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o ) . ) 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 (x) (x) (x) The motion is granted. Court and filed.i---------- - - -------- ------ -- -- ----- - ---- ___________ _ ) Page 1 of i i J --- -~---------- ----- ------ ------ - - - - - - - - - - - - 1 DEPT. 24 MINUTES ENTERED OS/29/12 --- ~-COUNTY-CIiERK--- ------- ~------~------------------~--~------------~----------------------------------- ~ ~ N '-oj
I1 ; j ! 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 JUDGE PRO TEM ELECTRONIC RECORDING MONITOR 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 * NATURE OF PROCEEDINGS: 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. -I-----~~---~~-- ---~-----------~-~- --------~---~~ I' ~'II.:..._~.-.._~'.: -.~.:'-::'. ".. -... -: ....:.: ..:. . ....... -:.:._. -.':_:.:' ....- ...: .....:.~ ~.:..._:~....:___.__.._..._.....:._:~.._~... :.~_.:....__ ..... _._...__ I--r------~l~--- ----.---~---~. ---- ------ ----- ------ ---- ----------- n__________ ---- --- -- ------ ---- -- -- -------- -------- ~_ j _~ --r.~~~::::::::=~=~=~~=~==~~~:::::::;;::=;~.f=P-=;;==:::r-ri£_Pl:~~=:'-I~x:=====I=~:Mi~·..~:;;.g::·~~~·si:;;;:E~N~··~r~is~RED§.'-===1=====----I I -I~fl"- .Ra'g~ . l.--o~. 1===-=B..-. ~I=~:..:.::-. ...:.::.:..:.........:..:....:t...::..:.~~==r::-9:i:_:f2:-__-__-__---11-- IF :~~i~~--------------------~----------------G0~~-eLERK I 1.'-1 , :-: I ,.<~ ..•...
i I 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 NATURE OF PROCEEDINGS: 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. • ••••••, .,a•••••. - __ : .5§
D.. -I -I 0::: W -I -I ~ 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 7 ORIGINAL FILED JUN 2 0 2012 LOS ANGELES SUPERIOR COURT 8 9 SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1A
0.... .-l .-l 0:: W .-l .-l :2: 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: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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; -2- NOTICE OF RULING RE JUDGMENT DEBTOR STEPHEN GAGGERO'S MOTION FOR PROTECTIVE ORDER
ll.. .....J .....J 0:: UJ .....J .....J ~ 1 7. Judgment Debtor's appeal of this order will not stay the debtor examination of Mr. 2 Gaggero set for June 20, 2012; 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -3- NOTICE OF RULING RE JUDGMENT DEBTOR STEPHEN GAGGERO'S MOTION FOR PROTECTIVE ORDER
1 2 3 4 5 6 7 8 9 10 11 a.. 12 ....J ....J 13 0:::: 14 W ....J 15 ....J ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 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 o o o o 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 -1- PROOF OF SERVICE
· , . . 1 2 David Blake Chatfield, Esq. 3 WESTLAKE LAW GROUP 2625 Townsgate Road, Suite 330 4 Westlake Village, CA 91361 5 David Esquibias, Esq. 6 Tracy Kitzman, Esq. Law Offices of David Esquibias 7 2625 Townsgate Road, Suite 330 Westlake Village, CA 91361 8 9 10 11 a... 12 ....J ....J 13 0::: 14 W ....J 15 ....J ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -2- PROOF OF SERVICE
1 2 3 4 5 6 7 8 9 10 11 D... 12.....J .....J 13 0::: 14 W .....J 15 .....J ~ 16 17 18 -19 20 21 22 23 .. 24. 25 26 27 28 RANDALL A. MILLER (Bar No~ 116036) AUSTA WAKILY (Bar No. 257424) MILLERLLP 515 South Flower Street, Suite 2150 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 SUPERIOR COURT OF CALIFORNIA 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, Plaintiffs and Judgment Debtors, - -- - - - - 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. 24 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. •..
.'.';":' a.. ...J ...J 0::: LU ...J ...J ~ 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: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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. 19n -Dated: nb/p<?,/rz-- 20 21 22 23 -- 24- 25 26 - 27 Judge ofthe Superior Court -2- i ---------'--~--,-~,":", :":::'~~'::!;;:(';;1;fj;';iK::,~~':':,{;:,)?;jEi~;',;~f~&Ji,:;",~;;j,~j;Ki:'i'D";;i:k';; ,',< ,.'.; '~(~~~.;LC '
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES . DATE: 07/13/12 HONORABLE Robert L. Hess HONORABLE #8 B. Bell CiA DEPT. 24 JUDGE G. Charles DEPUTY CLERK JUDGE PRO TEM ELECTRONIC RECORDING MONITOR Deputy Sheriff None Reporter 8:33 am BC286925 Plaintiff Counsel David Chatfield (x) STEPHEN M GAGGERO VS KNAPP PETERSEN AND CLARKE NATURE OF PROCEEDINGS: 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 cause is called for hearing. 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 - - - - - - - (x) MINUTES ENTERED 07/13/12 COUNTY CLERK
.-,~ I.~ ,! :. 0:::: ill ....J ....J •. " I 1 RANDALL A. :tvrrLLER (Bar No. 116036) AUSTA WAKILY (Bar No. 257424) 2 MlLLERLLP 515 South Flower Street~ Suite 2150 3 Los Angeles, CA 90071-2201 Telephone: 800.720.2126 4 Facsimile: 888.749.5812 5 Attorneys for IOrAPP) PETERSEN & CLARKE, STEVEN RAY GARCIA, STEPHEN M. HARRIS 6 and ANDRE JARDlNI 7 • 8 9 10 SUPERIOR COURT OF CALITORNIA COUNTY OF LOS ANGELES 11 STEPHEN M. GAGGERO; an individual; CASE NO.: BC2&6925 PACIFIC COAST MANAGEMENT, INC., a 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; TRUSTEE of GIGANIN TRUST, JOSEPH 16 PRASKE; TRUSTEE· of ARENZANO TRUST, JOSEPH PRASKE; and TRUSTEE of 17 AQUASANTE FOUNDATION, JOSEPH 18 PRASKE, 19 20 Plaintiffs and Judgment Debtors, v. KNAPP, PETERSEN & CLARKE, STEVEN 21 RAY GARCIA, STEPHEN M. HARRIS and J---------- '-ANBR:E-J-A:R:BINI --.----------------------1-- 22 . ) 23 Defendants and Judgment Creditors. ---...-.-....- ... -.. ·24-.. ··-··-··· "'-'-' ..-.-.. -_.-.---.. -... -.--~-- . - ..-...- ............--.. . _....._- .-- .. .... . -........ -'" .-..- .. ......--. _....... - .. '.... ,.....-....... ......-.. This Court having entered a judgment in favor of Defendants and Judgment Creditors 26 STEPHEN M. GAGGERO, that judgment having been affirmed on appeal and now final, and 28 THffiD AN.ffiNDED JUDGMENT IN FAVOR OF JUDGMENT CREDITORS
-' .....J 12 13 14 22 Sunset 2, and 3.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES DATE: 08/07/12 DEPT. 24 HONORABLE Robert L. Hess JUDGE G. Charles DEPUTY CLERK HONORABLE EXP B. Bell CiA JUDGE PRO TEM ELECTRONIC RECORDING MONITOR Deputy Sheriff K. Vilicich Reporter 8:30 am BC286925 Plaintiff Counsel David Esquibas David Chatfield (x) (x) STEPHEN M GAGGERO VS KNAPP PETERSEN AND CLARKE NATURE OF PROCEEDINGS: Defendant No Appearance Counsel DEFENSE OPPOSITION TO UNFILED EX PARTE APPLICATION BY PLTF The cause is called for hearing. 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. Page 1 of 1 DEPT. 24 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 0- .....J .....J c::: W .....J .....J ~ -.--../ "--,' 1 RANDALL A. MILLER (Bar No. 116036) AUSTA WAKILY (Sar 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 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES STEPHEN M. GAGGERO, an individual, CASE NO,; BC286925 PACIFIC COAST MANAGEMENT, INC., a 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] Partnership; MALIBU BROADBEACH LP, a Limited Partnership; MARINA GLENCOE LP, a Limited Partnership; BLU HOUSE LLC, a 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, Plaintiffs and Judgment Debtors, v. KNAPP. PETERSEN & CLARKE, STEVEN RAY GARCIA. STEPHEN M. BARRlS and ANDRE JARDINI, Defendants and Judgment Creditors. 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 1 2 3 4 5 6 7 8 9 10 11 0- 12..J ...J 13 0::: 14 UJ ..J 15 ..J ::li: 16 17 18 19 20 21 22 23 24 25 26 27 28 ~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 $2.178,235.51 plus post-judgment imerest and allowable costs is paid in full: 1. All rights to any interest or payment of monies now due or to become due to STEPHEN M. GAGGERO for services rendered that is in the possession, control, or custody of PACJFIC COAST MANAGEMENT, INC., its agents. employees, or other party acting on its behalf; -2- ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS
08/14/2012 13:53 FAX 2132174838 LA SUPERIOR COURT ~004/015 1 .2 3 4 S 6 7 8 9 10 11 CL 12....I ....I 13 0::: 14 W ....I 15 ....I ::i 16 17 18 19 20 21 22 23 24 25 26 27 28 2. All rights to any interest or payment ofmonies now due or to become due to JUDGMENT DEBTORS for any service rendered, including but not limited to services rendered in their capacity as an officer, director, member, trustee, or manager ofany entity; 3. All rights to any interest or payment of monies now due or to become due to JUDGMENT DEBTORS arising from any settlement, legal claim., or lawsuit including, but not limited to: (I) Bunge 11. 511 o.F. W LP, et al Los Angeles County Superior Court (Case SCI00361); (2) Sulphur Mountain Land and Livestock v. Redmond. et ai, Ventura COLlnty Superior Court (Case CJV214702); (3) Avalon Farms LLC vs. Helcha CAcuna, Ventura County Superior Court (Case 56-2012-00414415-CL-BC-VTA); (4) Avalon Farms LLC vs. Michael Leon Ventura County Superior Court (Case 56-2012-0041 4406-CL-BC-VTA); (5) Sulphul' Mountain Land & Livestock Co LLC V$. 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 -3· ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS
09/14/2012 13:53 FAX 2132174838 LA SUPERIOR COURT IllJ005/015 c.. .....J ....J c::: LU ....J .....J :i 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; 6 7 5, All rights to any interest or payment of monies now due or to become due in any in any 8 9 10 11 II 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 account, accounts receivable, agreement, annuity policy value, assignment agreement, bond, bonus, claim against any third party, commercial property purchase agreement, commission, 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, purchase agreement, real property, reimbursement agreement, rents, residential purchase 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, bonus, claim against any third party, commercial property purchase agreement, commission, ORDER. GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRArNNG TIJDGM.ENT DEBTORS
08/14/2012 13:54 FAX 2132174838 LA SUPERIOR COURT ~006!015 1 2 3 4 5 6 7 8 9 10 11 0- 12-.J -.J 13 ex:: 14 L.Ll ...J 15 ....J - 16 :i 17 IS 19 20 21 22 23 24 25 26 27 28 compensation, contract, credit, deed, deposit, development contract, endowment, escrOW account, tlnancing 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 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 account, accounts receivable, agreement, annuity policy value, assignment agreement, bond, 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 proceed, investment agreement, joint venture agreement, lawsuit, lease, lien, line of credit, loan, monies, partnership agreement, power of attorney, proceed8, 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 qf or jor the ben~fit of or accessible to JUDGMENT DEBTORS that is in the -5- ORDER GRANTING MOTION POR ASSIGNMENT ORDER k'm ORDER RESTRAINING JUDGMENT DEBTORS
08/14/2012 13:54 FAX 2132174838 LA SUPERIOR COURT tal 007/015 C. ...J ...J 0::: UJ ...J ...J :E 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; 7 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. 11 18 9, All rights to any interest or payment of monies now due or to bee·ome due in any in any 19 20 21 22 23 24 :ZS 26 27 28 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 a.greement, joint venture agreement, lawsuit, lease, lien, line of credit Joan, 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 ORDER GRANTING MOTION FOit ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS
08/14/2012 13:54 FAX 2132174838 LA SUPERIOR COURT ~008/015 C. ....J ....J c::: LU ....J ....J :E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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, 10. 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, developmel1l contract, endowment, escrow account, financing agreement, indemnity agreement, instrument, insurance polley loan value, insurance proceed, investment agreement, joint venture agreement, lawsuit, lease, lien, line of credit, loan, monies, pal1nership 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 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, 25 /1/ 26 III 27 28 -1- ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING :rt:-'DGMENT DEBTORS
08/14/2012 13:55 FAX 2132174838 LA SUPERIOR COURT ~008/015 Il. ...J ...J 0::: I.U ...J ...J -~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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 20 21 22 23 24 2S 26 27 28 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 SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES 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 KNAPP PETERSEN AND CLARKE NATURE OF PROCEEDINGS: 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 Page 1 of 1 DEPT. 24 Reporter MINUTES EN'l'EREtl 09/13/12 COUN';t'Y CLERK
1 2 3 4 5 6 7 8 9 10 11 0... 12--I --I 13 0:: 14 W --I 15 --I ~. 16 17 18 19 20 21 22 23 24 25 26 27 28 RANDALL A. MILLER (Bar No. 116036) AUSTA WAKILY (BarNo. 257424) MILLERLLP 515 South Flower Street, Suite 2150 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, STEVEN RAY GARCIA, STEPHEN M. HARRIS and ANDRE JARDINI =R~<!HARLES. DEPUTY SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES STEPHEN M. GAGGERO; an individual; PACIFIC COAST MANAGEMENT, INC., a Corporation; GINGERBREAD COURT LP, a Limited Partnership; 511 OFW, LP a Limited Partnership; MALIBU BROAD BEACH 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, STEPHEN RAY GARCIA, STEPHEN M. HARRIS and ANDRE JARDINI, Defendants and Judgment Creditors. 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 -1- [pROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
1 2 3 4 5 6 7 8 9 10 11 a.. 12...J ...J 13 0::: 14 ill ...J 15 ...J ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -2- [PROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
1 2 3 4 5 6 7 8 9 10 11 a.. 12--1 --1 13 0::: 14 W --1 15 .--1 ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -3- [pROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
a.. ......I ......I r:r LU ......I ......I 2 1 IT IS FURTHER ORDERED THAT: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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. . ;)0 1l1I-111- 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 -4- [PROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
1 2 3 4 5 6 7 8 9 10 11 0.. 12.....J ....:.J 13 ~ 14 W .....J 15 .....J ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 .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. -5- [pROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
0... .....I .....I 0::: W .....I .....I ~ 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): 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ·26 27 28 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 /tt;J . 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. -6- [PROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
1 2 3 4 5 6 7 8 9 10 11 0... 12....J ....J 13 0:: 14 W ....J 15 ....J ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -7- [pROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
0.. ....J ....J cr:: W ....J ....J 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. 10 11 12 13 14 15 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 17 18 Dated: ()~~ ~/ h,JJ2 19 20 21 22 23 24 25 26 27 28 , Honorable Robert L. Hess -8- [PROPOSED] ORDER FOR THE APPOINThlIENT OF A RECEIVER
1 2 3 4 5 6 7 8 9 10 11 0... 12--I --I 13 0:: 14 W --I 15 --I ~. 16 17 18 19 20 21 22 23 24 25 26 27 28 RANDALL A. MILLER (Bar No. 116036) AUSTA WAKILY (BarNo. 257424) MILLERLLP 515 South Flower Street, Suite 2150 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, STEVEN RAY GARCIA, STEPHEN M. HARRIS and ANDRE JARDINI =R~<!HARLES. DEPUTY SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES STEPHEN M. GAGGERO; an individual; PACIFIC COAST MANAGEMENT, INC., a Corporation; GINGERBREAD COURT LP, a Limited Partnership; 511 OFW, LP a Limited Partnership; MALIBU BROAD BEACH 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, STEPHEN RAY GARCIA, STEPHEN M. HARRIS and ANDRE JARDINI, Defendants and Judgment Creditors. 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 -1- [pROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
1 2 3 4 5 6 7 8 9 10 11 a.. 12...J ...J 13 0::: 14 ill ...J 15 ...J ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -2- [PROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
1 2 3 4 5 6 7 8 9 10 11 a.. 12--1 --1 13 0::: 14 W --1 15 .--1 ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -3- [pROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
a.. ......I ......I r:r LU ......I ......I 2 1 IT IS FURTHER ORDERED THAT: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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. . ;)0 1l1I-111- 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 -4- [PROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
1 2 3 4 5 6 7 8 9 10 11 0.. 12.....J ....:.J 13 ~ 14 W .....J 15 .....J ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 .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. -5- [pROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
0... .....I .....I 0::: W .....I .....I ~ 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): 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ·26 27 28 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 /tt;J . 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. -6- [PROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
1 2 3 4 5 6 7 8 9 10 11 0... 12....J ....J 13 0:: 14 W ....J 15 ....J ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -7- [pROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
0.. ....J ....J cr:: W ....J ....J 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. 10 11 12 13 14 15 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 17 18 Dated: ()~~ ~/ h,JJ2 19 20 21 22 23 24 25 26 27 28 , Honorable Robert L. Hess -8- [PROPOSED] ORDER FOR THE APPOINThlIENT OF A RECEIVER
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES DATE: lO / 03 /l2 DEPT. 24 HONORABLE Robert L. Hess JUDGE G. Charles DEPUTY CLERK HONORABLE #1 B. Bell CiA JUDGE PRO TEM ELECTRONIC RECORDING MONITOR DeputySheriff Y. Huff CSR l2570 Reporter 8:30 am BC286925 Plaintiff Edward Hoffman Counsel David Chatfield (x) (X) STEPHEN M GAGGERO VS KNAPP PETERSEN AND CLARKE NATURE OF PROCEEDINGS: 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. COURT OF APPEAL – SECOND DIST. JOSEPH A. LANE, Clerk Deputy Clerk Oct 03, 2012 K LEWIS
COURT OF APPEAL – SECOND DIST. JOSEPH A. LANE, Clerk Deputy Clerk Oct 03, 2012 bfisher
0.. -1 .....I 0::: W .....I .....I 2: FILEDLOS ANOdES'SUPERIOR COURT1 RANDALL A. MILLER (Bar No. 116036) AUSTA WAKILY (BarNo. 257424) 2 MILLERLLP OCT 03 2012515 South Flower Street, 'Suite 2150 3 Los Angeles, CA 90071-2201 Telephone: 800.720.2126 4 Facsimile: 888.749.5812 JO~ A. CLAR.!l~K BY GE&=~HARLESI DEPUTY 5 Attorneys for KNAPP, PETERSEN & CLARKE, STEVEN RAY GARCIA, STEPHENM. HARRIS ' 6 and ANDRE JARDINI 7 8 9 10 11 12 13 14 15 16 17 18 19 20 , 21 22 23 24 25 26 27 28 SUPERlOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES STEPHEN M. GAGGERO, an individual, CASE NO.: BC286925 PACIFIC COAST MANAGEMENT, INC., a 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 ARENZANO TRUST; and JOSEPH PRASKE, Trustee ofAQUASANTE FOUNDATION, Plaintiffs and JudgmentDebtors, v. KNAPP, PETERSEN & CLARKE, STEVEN RAY GARCIA, STEPHEN M. HARRIS and ANDRE JARDINI, Defendants and Judgment Creditors. 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: 13 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: 26 27 28 -2- ORDER GRANTThfG MOTION FOR ASSIGNMENT ORDERAND ORDER RESTRAINING JUDGMENT DEBTORS
0.. ....l ....l 0::: w ....l ....l 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 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 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); 17 18 4.. All rights to any interest or payment of monies now due or to become due in any in any 19 20 21 22 23 24 25 26 27 28 account, accounts receivable, agreement, annuity policy value, assignment agreement, bond, bonus, claiin against any third party, commercial property purchase agreement, commi1?sion, 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, profrt, 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 JUDG1'v.IENT DEBTORS that is in the ORDER GRANTThfG MOTION FORASSIGNMENT ORDER AND ORDERRESTRAlNING JUDGMENT DEBTORS
0.. -l -l 0::: ill -l -l ~ 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; 9 10 5. All rights to any interest or payment of monies now due or to become due in any in any 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, fmancing 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 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; -4- ORDER GRANTING MOTION FORASSIGNMENT ORDERAND ORDER RESTR.AINWG JUDGlv.ffiNT DEBTORS
0... ....J ....J 0:=: ill ....J ....J 2 1 6. All rights to any interest or payment of monies now due or to become due in any in any 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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, financingagreernent, 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 aweement, 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 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; 21 7. All rights to any interest or payment of monies now due or to become due in any in any 22 23 24 25 26 27 28 account, accounts receivable, agreement, annuity policy value, assignment agreement, bond, bonus, claim against any third party, commercial property purchase agreement, commission, yompensation, contract, credit, deed, deposit, development contract, endowment, escrow account, financing agreement, indemnity agreement, instrument, insurance policy loan value, insurance proceed, investment agreement, jomt venture agreement, lawsuit, lease, lien, line of credit, loan, monies, partnership agreement, power of attorney, proceeds, profit, profit-sharing agreement, -5- ORDER GRANTIN"G MOTIONFOR ASSIGNJvIENT ORDER A-"ND ORDER RESTRAINJNG JUDGMENT DEBTORS
0... --l --l 0::: W --l --l 2 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; 10 11 12 13 14 15 16 17 18 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. 20 21 9. All rights to any interest or payment of monies now due or to become due in any :in any 22 23 24 25 26 27 28 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, fmancing 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, -6- ORDER GRirnTING MOTION FOR ASSIGNMENT ORDERAND-ORDERRESTRAINING JDDG1vffiNT DEBTORS
0... -1 --I 0:::: ·W --I --I ~ 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. All rights to any interest or payment of monies now due or to become due in any in any account, accounts receivable, agreement, rumuity 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, insmance 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 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. -7- ORDER GR.INTING MOTION FOR ASSIGNMENT ORDER AND ORDERRESTRAINING JUDGMENT DEBTORS
0.. ....,.I -l a: ill -l -l :?! 1 III 2 III 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. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 22 23 24 25 26 27 28 ~__ 5 J-OJ2--Dated: Ut. f Honorable Robert L. Hess -8- ORDER GRANTING MOTION FORASSIGNMENT ORDER A..llD ORDERRESTR.AINmG JUDGMENT DEBTORS
0.. --1 --1 0:: W --1 --1 ~ 1 RANDALL A. MILLER (Bar No. 116036) AUSTA WAKlLY (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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attorneys for KNAPP, PETERSEN & CLARKE, STEVEN RAY GARCIA, STEPHEN M. HARRIS and ANDRE JARDINI SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES 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, Plaintiffs and Judgment Debtors, 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
1 2 3 4 5 6 7 8 9 10 11 CL 12.....J .....J 13 0::: 14 W .....J 15 .....J. ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 ofthe 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 firm'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 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 -1- POS-REISSUED ORDER FOR ASSIGNMENT OF RIGHTS & ORDER RESTRAINING JUDGMENT DEBTORS
1 2 3 4 5 6 7 8 9 10 11 CL 12--l --l 13 0::: 14 W --l 15 --l ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 KRlSTIN PETERS BLECHER & COLLINS 515 South Figueroa Street, Suite 1750 Los Angeles, CA 90071-3334 STEPHEN M. GAGGERO SERVICE LIST -2- 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
1 2 3 4 5 6 7 8 9 10 11 CL 12....J ....J 13 a: 14 W ....J 15 ....J ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 address(es) set forth below on this date before 5:00 p.m. by causing such document to be transmitted by electronic mail to the office ofthe 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 fIrm'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 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~ -3- POS-REISSUED ORDER FOR ASSIGNMENT OF RIGHTS & ORDER RESTRAINING JUDGMENT DEBTORS
1 2 3 4 5 6 7 8 9 10 11 CL 12 --' --' 13 0::: 14 W --' 15 --' ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 David Blake Chatfield, Esq. WESTLAKE LAW GROUP 2625 Townsgate Road, Suite 330 Westlake Village, CA 91361 SERVICE LIST -4- 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
a.. ....J ....J 0::: W ....J ....J ~ 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 7 OCT 03 2012 JO~ A. CLA~~K BY GE'~HARLES, OEPUTY 8 9 SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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
(L .....J .....J 0:: w .....J .....J 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 -2- 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 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); 17 18 4. All rights to any interest or payment of monies now due or to become due in any in any 19 20 21 22 23 24 25 26 27 28 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 -3- ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS
0.. --l --l a: ill --l --l ~ 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 , 7 Townsgate Road Suite 330, Westlake Village, California 91361;(6) DAVID BLAKE 8 CHATFIELD, 2625 Townsgate Road Suite 330, Westlake Village, California 91361; 9 10 5. All rights to any interest or payment of monies now due or to become due in any in any 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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; -4- ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS
a.. ...J ...J 0:: W ...J ...J ~ 1 6. All rights to any interest or payment of monies now due or to become due in any in any 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 22 23 24 25 26 27 28 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, -5- ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS
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; 10 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. 20 21 9. All rights to any interest or payment of monies now due or to become due in any in any 22 23 24 25 26 27 28 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, -6- ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS
a.. .....J .....J 0::: W .....J .....J ~ 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. 10 11 12 13 14 15 16 17 18 19 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; 22 23 24 25 26 27 28 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. -7- ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS
t!; CL --l --l a: W --l --l ~ 1 III 2 III 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. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 22 23 24 25 26 27 28 Dated: _a_~_"""-----L.5/_J-_tJ_i2-- Honorable Robert 1. Hess -8- ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS
LA ~U~~HIUH CUUHI 1l1l001(OOL SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES DATE: 06/07/13 DEPT. 24 HONORABLE Robert L. Hess JUDOE G. Charles DEPUTY CLERK HONORABLE #5 B. Bell CiA lUDGE PRO rEM ELECTRONIC RECORDING MONITOR D.pij<)'Shcriff D. Read CSR 3949 stip Reporter 8:33 am EC296925 Plainllff Counsel Edward Hoffman (x) STEPHEN M GAGGERO VS KNAPP PETERSEN AND CLARKE NATURE OF PROCEEDINGS: MOTION: BOND ON APPEAL D.f.ndant Austa Wakily Counsel The cause is called for hearing. Th_e matte:J;"_ni_s__13,rgue!9:_ and submitted. The fundamental argument by the Additional Jud~ment Debtors is that because they paid the earlier Judgment in NOvember 2012, which--was---l-alcge:t'--th!Y'l-this judgment, they are good for the smaller judgment and will pay it if this Court's judgment is affirmed. However, the Court notes that in opposition to the ex parte a~pli­ cation, filed, May 16, 2013, counsel for the Add~tion­ al Judgment Debtors made an argument that in order to pay the earlier judgment, they had to "borrow heavily against real properties they own in Venice." They also allege they will have to sell one or more prop- erties to ~ay off that loan. While none of these arguments ~s supported by admissible evidence, they do call into question the ability of the Additional Judg- ment Debtors to pay. The aSsurances of intent to pay the pending judgment are not supported by any evidence regarding regarding ability to pay, nor which of chese entities proposes to pay. Mr. Praske's declaration, in particular, contains the vagueness On these subjects which has been the hallmark of the positions of both Mr. Gaggero (x) Page 1 of DEPT. 24 MINUTES ENTlllRED 06/07/13 COtTNTY CLERX
LA oU~oH1UH cUUHI II1J OO:uOO~ SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES DATE: 06/07/13 DEPT. 24 1l0NORABLil Robert L. Hess JUDGE G. Charles DEPUTY CLIlRK HONORABLIl #5 JUDGIl PRO TEM ELECTRONIC RECORDING MONITOR B. Bell CIA 6:33 am BC266925 STEPHEN M GAGGERO VS D.putyShoriff D. Read CSR 3949 Stip Plainl1ff Coonsol Edward Hoffman D.fondant Austa Wakily Counsel KNAPP PETERSEN AND CLARKE NATURE OF PROCEEDINGS: and the Additional Judgment Debtors throughout this litigation. Rather, the Court is persuaded that the extraordinary efforts Knapp, petersen & Clark have been rewuired to exert in represent a continuing manifestation of that conduct by Mr. Gaggero whIch the Court has previously found to be his standard operating procedure in response to demands thatr he pays money he owes. The Court is not persuaded that there is an~ ~enuine separation between Mr. Gaggero and the Add~t~onal Judgment Debtors; rather, they are his alter ego, established and maintained for the purpose of defeating creditors claims. In the execrise of its discretion, and pursuant to CCP Section 917.9, the Court will require that the Aditional Judgment Debtors post an undertaking in the amount of $225,000 to cover the damages which Knapp, petersen & Clark may suatain by reason of the stay in in the present judgment. that sum is to be posted on or before July 8, 2013, with proof of posting filed with the Court and served on Knapp, Petersen & Clark. A copy of the minute order is sent via facsimile transmission as follows: Edward Hoffman 310-442-4600 page ;3 of 2 Austa Wakily 889-749-5612 DEPT. 24 Reporr.er (x) (x) MINUTES ENTERED 06/07/13 COUNTY C):..ERK
" 1 1 1 1 i ! 1 lI ! 2 i i i 3 ! i ! 4 ! i i 5 1 i ! 6 ! ! i 7 . ! 11 i i ·8 :: ! ! !! 9 l iII !! 10 11 11 !! Gaggero v. Knapp, Peterson, et al. Case No. BC286925 SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF Los ANGELES. 11 ! ! !! ii. 12 11 STEPHEN M. GAGGERO, et aI., . CASE NO. BC286925 11 i i 13 !! !i i i 14 !! i 1 i i 15 !! i i .16 i i 17 ! ! 1 18 ! ! i i 19 !! 1i i i 20 !! . i i 21 i ! i 22 ! ! i 23 !1 1i i i Plaintiffs and Judgment Debtors, -v- KNAPP, PETERSEN, et aI., Defendants and Judgment Creditors. _[Assigned for all purposes to the Hon. Robert L. Hess, Dept. 24] [Proposed ] ORDER APPROVING FINAL ACCOUNTING, APPROVING ·REQUESTS FOR FEES AND EXPENSES, EXONERATING RECEIVER'S BOND, DISCHARGING J~Y D. ADKISSON AS RECEIVER, AND TERMINATING THE RECEIVERSIDP . UPON MOTION ofthe Receiver herein, Jay D. Adkisson, for good cause shown, and the parties and all ofthem having indicated through their counsel ofrecord that they have NO OBJECTION to the entry ofthis ORDER, the Court hereby ORDERS as follows: ! i 1 1 ! i ! i . i ! ~ I ! 1 i ! iI 1 l~ - i !I 1 i ! i ! i i ! .1 1 i . ! i ! . 1 ! i iI i i 1 :: I 11 :- 1-1'-"-"-"-"-"-"-"-"-"-"-"-"-"-"-"-"-"_.._ .._ ..- .._ ..- .._;._.._ .._ .._ .._ ..- ..- .._ .._ .._ .._ .. -"-"-"-"-"-"-"-"-"-"-"-"-"-"-"-"-"-"-"-"f i i ORDER - Page.1 I i i i i i i :: i 11 :I I I
2 3 4 5 6 7 8 9 j i 10 ! I t i i I 11 ! I I i ! i !12 I ! ! i j 13 Ii ! !~ i i 14 !j ,il i j 15 l! !! I I 1.6 ! ! !i 17 !! i 1 l! 18ti it j I 19 i i ! ! II 20 !i i! ! i 211 ! i i 2211 !! i i 23 !! i i i j G.aggero V, KnqPP, Peterson,eta/. Case No, 8C286925 (1) The Receiver's Final Accounting, as set foith In the Receiver's Final Report dated' November 17, 20]2, is hereby APPROVED; (2) The Receiver1s Request for Fees and Expenses ill the amount of $30,000 is hereby APPROVED; (3) The .Receiver's Bond herein, being Liberty Mutual Insurance Company Bond# 0160521.09, ishere.by EXONERATED; (4) Jay D .. A.dkis$on is hereby DISCHARG.ED a,s the Receiver; (5) The receivershipheteiIi is herebyTERMINATED. SO ORDERED tlu$ _ _ d&y of_______, 2012" by: We agree as to the form ofthis o~rder,.. ' out prejudi~e :0any ~artiesl ap.pella.t. i· .'s as· to anypnor orders.. ~••p., ,'.~__ J . D .Di9~~ried,bYJaY.D.AdkI5S0ii 'oy . ....Dl'!icn=JayDAdklsson,o=Gaggero . .,c(_ ~t1app .Petersen, ou=RECEIVER, A·d·k··,·s·S:Qn ·eiiiail~jay@risad.com~c=US . .... .. Date:.2012.H.2i 69:28:34,OB'OIi' Jay D. Aclkisson Austa ,Waldly David B.Chatfield Edwatd A. Hoffman Hon. Robert L. Hess Judge ofthe Superior Court I' i : : t-· I I : I.-i.--._.__.._-----_·_-_·_··__:_.__·_-_._··_--_.._.._.·--'-"-"-"-;'-"--'-"-'--"----"--'----"--'----'-_..-.._---.._._-.._.._.__..----_._.----_..__._..__._.,--'-'-1 1) ORDER Page 2 III : II,'I.j (( . :L:~i·)ii~<;~~~../~~~.:sMi~;~,~~~.:':~.' ....:.:.:. .:••>;••••••• ":
,{ 1 2 3 4 5 6 7 8 9 ! i 10 ! i 11 i! i 12 i! 13 14 is 16 ! i i 17 i 18 19 20 i 21 !! i i 0 Gaggero v. Knapp, Peterson, et aI. Case No. BC286925 (1) The Receiver's Final Accounting, as set forth in the Receiver's Final Report dated 0 November 17, 2012, is hereby APPROVED; (2) The Receiver's Request for Fees and Expenses in the amount oof $30,000 is hereby APPROVED; (3) The Receiver's Bond 0 herein, being Liberty Mutual In$urance Company Bond# (4) (5) 016052109, is herebyEXONERATEDj 0 Jay D. Adkisson is hereby DISCHARGED as the Receiver; The receivership herein is hereby TERMlNATED. SO ORDERED this __ day of_____-', 2012, by: We agree as to the form ofthis Order, with- oUt prejudice to any parties' appellate rights as to anyprior orders: 0 ON:cn-..JayDAdIdssan,o=GaggemJay D" ~iDlgItaIIYSJgnedbyJaYDAdldsson - KnappPetersen, ouaRB:ElVER, Adkisson 6 -~~~~!8'00' Jay D. Adkisson ~W "0 ... JfJ.dt~ David B. Chatfield Hon. RobertL. Hess Judge ofthe Superior Court 22 iI Edward A. Hoffinan II 23 ii! ! ! j i ! i ij oj 0, i i, i i i i i ! i i i i i i j !j i i 0 ! i I ! ii ! 1-1-.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._-_.._.._.._.._..-..-..-..-..-.._.'-"-"-"-"-"-"-"-"-"-"-"-"-"-"-"---"-"-"-"-"-"-"-"-1 !! ORDER 0 Page 2 !.. I !! I !! : i i ! :: i I I
, j 1 :: ! ! : ! 2 i il! ! ! 3 j 1 ! ! i! 4 ! I i i !! 51! 1i ! ! 6 1i ~ ! .i i 7 !! i j i'i 8 !! : i Ii 9 ; i !!i i 10 i! 11 i i 11 ; i !! 12 i l ! ! 11 13 1i '! ! ! 14 i! i i ii 15 if !1 i! 16 i i ~ ~ i i 17 !i ! I i i 18 i i !i i i 19 !! . !! i j 20 !! ! ; 21 ! i! I ! ! 22 Ii i i ! ! 23 i i i1 i i I! i i !-j'-' • !1 ! i i! I j ! ! i i Gaggero v. Knapp, Peterson, st al. Case No. BC286925 -(1) The Receiver's Final Accounting, as set forth in the Receivers Final Report dated' November 17,2012, is hereby APPROVED; (2) The Receiver's Request for Fees and Expenses in the amount of $30,000 is hereby APPROVED; (3) The Receiver's Bond herein, being Liberty Mutual Insurance Company Bond# 01605i109, is hereby EXONERATED; (4) Jay D. Adkisson is hereby DISCHARGED as the Receiver; (5) The receivership herein is hereby TERMINATED. SO ORDERED this _ _ day of______, 2012, by: We agree as to the form ofthis Order, with- out prejudice to any parties' appellate rights as to any prior orders: Jay 0 DlgItalIys/iJnedbyJayDAdkl5son DN:OI....ayDAdJdsson. O<oGa9SJe1'O ...,.KniPPPetenen,OIFIIECEIIIER, Adkisson =:r=·=:.oa~' Jay D. Adkisson Edward A. Hoffman Hon. Robert L. Hess Judge oftbe Superior Court . i L i i ! ~ i ! i 1. , i ! ! 1 ! ! ! i •..- ..••.••..•..-. " .- •..•..- ..- .•• '- ._.. - ..:. ..-. -"'-'- .- .-. -' -.- ._ .._ ..- .._..- .._.•- .._ .._ ..••,.- - ..- '.' ._j ORDER Page 2
'1 I I I I I I I I I I , I 1 ' I II , I 2 ' I I I II 3 I I I I II 4 II -" , I 5 I I II II 6 I I , I II 7 I I I I II 8 I I II 9 I I _, I I I 10 I I II II 11 II II I I 12 I I II II 13 I I II II 14 I I II I I 15 I I II II 16 I I I I 17 I I I I II 18 I I II II 19 I I I I II 20 I I II I I 21 I I II II 22 I I II II 23 I I II I I ,, Gaggero v. Knapp, Peterson, at a/. Case No. BC286925 (1) The Receiver's Final Accounting, as "set forth in the Receiver's Final Report dated November 17,2012, is hereby APPROVED; (2) The Receiver's Request for Fees and Expenses in the amount of $30,000 is hereby APPROVED; (3) The Receiver's Bond herein, being Liberty Mutual Insurance Company Bond# "016052109, is hereby EXONERATED; (4) Jay D. Adkisson is hereby OISCHARGED as the Receiver; We agree as to the form of this Order, with·- out prejudice to any parties' appellate rights as to any prior orders: Ja D rOlgftallysigned byJay 0 Adkfsson Y ::.ON: cn=Jay0 Adkisson, o=Gaggero - . I <tKnappPetersen, ou.:RECEIVER, Adkisson 1"-e~"'JiIYOPrlsad.com,c=US (/ Date:2012.11.21 09:28:34008'00' lay D. Adkisson Austa Wakily David B. Chatfield "' ~I- - - - - - - - - - - - - - - - - - - - - - - - - - - - I I I- I I II , , ORDER Page 2
1 2 3 4 5 6 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 12301 Wilshire Boulevard, Suite 500, Los Angeles, California 90025. . On April 12, 2013, I served the foregoing document(s) described as: ORDER APPROVING FINAL ACCOUNTING, APPROVING REQUESTS FOR FEES AND EXPENSES, EXONERATING RECEIVER'S BOND, DISCHARGING JAY D.· ADKINSON AS RECEIVER, AND TERMINATING THE RECEIVERSIDP. BY MAIL I placed the above document(s) in a sealed envelope with postage thereon fully prepaid, in the United States mail at Westlake Village, California, addressed as set forth below. I am readily familiar with the finn's practice for collection and processing of documents for mailing. Under that practice it would be deposited with 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 of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date ofdeposit for mailing in affidavit. BY FEDERAL EXPRESS I placed the above document(s) in a sealed envelope and placed it for deposit with Federal Express, prepaid for next'dai delivery, addressed as set forth below. BY FACSIMILE I transmitted the above document(s) by facsimile transmission to the fax number(s) set forth below on this date before 5:00 p.m., and received confirnied transmission reports indicating that the document(s) were successfully transmitted. BY PERSONAL DELIVERY I placed the above document(s) in a sealed envelope and caused them to be personally delivered by hand to the person(s) set forth below. 16 Randall A. Miller MillerLLP Jay D. Adkisson Riser Adkisson LLP 17 515 South Flower Street, Suite 2150 Los Angeles, CA 90071 18 Facsimile: 888-749-5812 Email: randy@millerllp.com 19 David Blake Chatfield 20 Westlake Law Group 2625 Townsgate Road, Suite 330 21 Westlake Village, California 91361 Facsimile: 805-267-1211 22 Email: davidblakec@yahoo.com 100 Bayview Circle, Suite 210 Newport Beach, CA 92660 Facsimile: 877-698-0678 Email: t4gaggero@courtrcvr.com 23 I declare under penalty ofperjury under the laws ofthe State of California that the above is 24 25 26 27 28 true and correct. Executed on April 12, 2013, at Los Angeles, California. Ckd ~,iflt-Edward A. Hoffm· 1 - ADDITIONAL JUD0MENT DEBTORS' MOTION TO TAX COSTS

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Stacey court orders

  • 17.
    o ) . ) SUPERIOR COURTOF 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 (x) (x) (x) The motion is granted. Court and filed.i---------- - - -------- ------ -- -- ----- - ---- ___________ _ ) Page 1 of i i J --- -~---------- ----- ------ ------ - - - - - - - - - - - - 1 DEPT. 24 MINUTES ENTERED OS/29/12 --- ~-COUNTY-CIiERK--- ------- ~------~------------------~--~------------~----------------------------------- ~ ~ N '-oj
  • 20.
    I1 ; j ! SUPERIOR 'COURT OFCALIFORNIA, 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 JUDGE PRO TEM ELECTRONIC RECORDING MONITOR 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 * NATURE OF PROCEEDINGS: 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. -I-----~~---~~-- ---~-----------~-~- --------~---~~ I' ~'II.:..._~.-.._~'.: -.~.:'-::'. ".. -... -: ....:.: ..:. . ....... -:.:._. -.':_:.:' ....- ...: .....:.~ ~.:..._:~....:___.__.._..._.....:._:~.._~... :.~_.:....__ ..... _._...__ I--r------~l~--- ----.---~---~. ---- ------ ----- ------ ---- ----------- n__________ ---- --- -- ------ ---- -- -- -------- -------- ~_ j _~ --r.~~~::::::::=~=~=~~=~==~~~:::::::;;::=;~.f=P-=;;==:::r-ri£_Pl:~~=:'-I~x:=====I=~:Mi~·..~:;;.g::·~~~·si:;;;:E~N~··~r~is~RED§.'-===1=====----I I -I~fl"- .Ra'g~ . l.--o~. 1===-=B..-. ~I=~:..:.::-. ...:.::.:..:.........:..:....:t...::..:.~~==r::-9:i:_:f2:-__-__-__---11-- IF :~~i~~--------------------~----------------G0~~-eLERK I 1.'-1 , :-: I ,.<~ ..•...
  • 21.
    i I SUPERIOR COURT OFCALIFORNIAI 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 NATURE OF PROCEEDINGS: 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. • ••••••, .,a•••••. - __ : .5§
  • 22.
    D.. -I -I 0::: W -I -I ~ 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 7 ORIGINAL FILED JUN 2 0 2012 LOS ANGELES SUPERIOR COURT 8 9 SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1A
  • 23.
    0.... .-l .-l 0:: W .-l .-l :2: 1 TO ALLPARTIES 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: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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; -2- NOTICE OF RULING RE JUDGMENT DEBTOR STEPHEN GAGGERO'S MOTION FOR PROTECTIVE ORDER
  • 24.
    ll.. .....J .....J 0:: UJ .....J .....J ~ 1 7. JudgmentDebtor's appeal of this order will not stay the debtor examination of Mr. 2 Gaggero set for June 20, 2012; 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -3- NOTICE OF RULING RE JUDGMENT DEBTOR STEPHEN GAGGERO'S MOTION FOR PROTECTIVE ORDER
  • 25.
    1 2 3 4 5 6 7 8 9 10 11 a.. 12 ....J ....J 13 0:::: 14 W ....J15 ....J ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 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 o o o o 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 -1- PROOF OF SERVICE
  • 26.
    · , .. 1 2 David Blake Chatfield, Esq. 3 WESTLAKE LAW GROUP 2625 Townsgate Road, Suite 330 4 Westlake Village, CA 91361 5 David Esquibias, Esq. 6 Tracy Kitzman, Esq. Law Offices of David Esquibias 7 2625 Townsgate Road, Suite 330 Westlake Village, CA 91361 8 9 10 11 a... 12 ....J ....J 13 0::: 14 W ....J 15 ....J ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -2- PROOF OF SERVICE
  • 28.
    1 2 3 4 5 6 7 8 9 10 11 D... 12.....J .....J 13 0::: 14 W .....J15 .....J ~ 16 17 18 -19 20 21 22 23 .. 24. 25 26 27 28 RANDALL A. MILLER (Bar No~ 116036) AUSTA WAKILY (Bar No. 257424) MILLERLLP 515 South Flower Street, Suite 2150 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 SUPERIOR COURT OF CALIFORNIA 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, Plaintiffs and Judgment Debtors, - -- - - - - 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. 24 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. •..
  • 29.
    .'.';":' a.. ...J ...J 0::: LU ...J ...J ~ 1 requiring JudgmentDebtors 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: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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. 19n -Dated: nb/p<?,/rz-- 20 21 22 23 -- 24- 25 26 - 27 Judge ofthe Superior Court -2- i ---------'--~--,-~,":", :":::'~~'::!;;:(';;1;fj;';iK::,~~':':,{;:,)?;jEi~;',;~f~&Ji,:;",~;;j,~j;Ki:'i'D";;i:k';; ,',< ,.'.; '~(~~~.;LC '
  • 30.
    SUPERIOR COURT OFCALIFORNIA, COUNTY OF LOS ANGELES . DATE: 07/13/12 HONORABLE Robert L. Hess HONORABLE #8 B. Bell CiA DEPT. 24 JUDGE G. Charles DEPUTY CLERK JUDGE PRO TEM ELECTRONIC RECORDING MONITOR Deputy Sheriff None Reporter 8:33 am BC286925 Plaintiff Counsel David Chatfield (x) STEPHEN M GAGGERO VS KNAPP PETERSEN AND CLARKE NATURE OF PROCEEDINGS: 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 cause is called for hearing. 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 - - - - - - - (x) MINUTES ENTERED 07/13/12 COUNTY CLERK
  • 34.
    .-,~ I.~ ,!:. 0:::: ill ....J ....J •. " I 1 RANDALL A. :tvrrLLER (Bar No. 116036) AUSTA WAKILY (Bar No. 257424) 2 MlLLERLLP 515 South Flower Street~ Suite 2150 3 Los Angeles, CA 90071-2201 Telephone: 800.720.2126 4 Facsimile: 888.749.5812 5 Attorneys for IOrAPP) PETERSEN & CLARKE, STEVEN RAY GARCIA, STEPHEN M. HARRIS 6 and ANDRE JARDlNI 7 • 8 9 10 SUPERIOR COURT OF CALITORNIA COUNTY OF LOS ANGELES 11 STEPHEN M. GAGGERO; an individual; CASE NO.: BC2&6925 PACIFIC COAST MANAGEMENT, INC., a 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; TRUSTEE of GIGANIN TRUST, JOSEPH 16 PRASKE; TRUSTEE· of ARENZANO TRUST, JOSEPH PRASKE; and TRUSTEE of 17 AQUASANTE FOUNDATION, JOSEPH 18 PRASKE, 19 20 Plaintiffs and Judgment Debtors, v. KNAPP, PETERSEN & CLARKE, STEVEN 21 RAY GARCIA, STEPHEN M. HARRIS and J---------- '-ANBR:E-J-A:R:BINI --.----------------------1-- 22 . ) 23 Defendants and Judgment Creditors. ---...-.-....- ... -.. ·24-.. ··-··-··· "'-'-' ..-.-.. -_.-.---.. -... -.--~-- . - ..-...- ............--.. . _....._- .-- .. .... . -........ -'" .-..- .. ......--. _....... - .. '.... ,.....-....... ......-.. This Court having entered a judgment in favor of Defendants and Judgment Creditors 26 STEPHEN M. GAGGERO, that judgment having been affirmed on appeal and now final, and 28 THffiD AN.ffiNDED JUDGMENT IN FAVOR OF JUDGMENT CREDITORS
  • 35.
  • 36.
    SUPERIOR COURT OFCALIFORNIA, COUNTY OF LOS ANGELES DATE: 08/07/12 DEPT. 24 HONORABLE Robert L. Hess JUDGE G. Charles DEPUTY CLERK HONORABLE EXP B. Bell CiA JUDGE PRO TEM ELECTRONIC RECORDING MONITOR Deputy Sheriff K. Vilicich Reporter 8:30 am BC286925 Plaintiff Counsel David Esquibas David Chatfield (x) (x) STEPHEN M GAGGERO VS KNAPP PETERSEN AND CLARKE NATURE OF PROCEEDINGS: Defendant No Appearance Counsel DEFENSE OPPOSITION TO UNFILED EX PARTE APPLICATION BY PLTF The cause is called for hearing. 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. Page 1 of 1 DEPT. 24 MINUTES ENTERED 08/07/12 COUNTY CLERK
  • 37.
    COURT OF APPEAL– SECOND DIST. JOSEPH A. LANE, Clerk Deputy Clerk Aug 30, 2012 klewis
  • 38.
    08/14/2012 14:48 FAX2132174838 LA SUPERIOR COURT ~001/001 0- .....J .....J c::: W .....J .....J ~ -.--../ "--,' 1 RANDALL A. MILLER (Bar No. 116036) AUSTA WAKILY (Sar 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 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES STEPHEN M. GAGGERO, an individual, CASE NO,; BC286925 PACIFIC COAST MANAGEMENT, INC., a 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] Partnership; MALIBU BROADBEACH LP, a Limited Partnership; MARINA GLENCOE LP, a Limited Partnership; BLU HOUSE LLC, a 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, Plaintiffs and Judgment Debtors, v. KNAPP. PETERSEN & CLARKE, STEVEN RAY GARCIA. STEPHEN M. BARRlS and ANDRE JARDINI, Defendants and Judgment Creditors. 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
  • 40.
    08/14/2012 13:52 FAX2132174838 LA SUPERIOR COURT 1 2 3 4 5 6 7 8 9 10 11 0- 12..J ...J 13 0::: 14 UJ ..J 15 ..J ::li: 16 17 18 19 20 21 22 23 24 25 26 27 28 ~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 $2.178,235.51 plus post-judgment imerest and allowable costs is paid in full: 1. All rights to any interest or payment of monies now due or to become due to STEPHEN M. GAGGERO for services rendered that is in the possession, control, or custody of PACJFIC COAST MANAGEMENT, INC., its agents. employees, or other party acting on its behalf; -2- ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS
  • 41.
    08/14/2012 13:53 FAX2132174838 LA SUPERIOR COURT ~004/015 1 .2 3 4 S 6 7 8 9 10 11 CL 12....I ....I 13 0::: 14 W ....I 15 ....I ::i 16 17 18 19 20 21 22 23 24 25 26 27 28 2. All rights to any interest or payment ofmonies now due or to become due to JUDGMENT DEBTORS for any service rendered, including but not limited to services rendered in their capacity as an officer, director, member, trustee, or manager ofany entity; 3. All rights to any interest or payment of monies now due or to become due to JUDGMENT DEBTORS arising from any settlement, legal claim., or lawsuit including, but not limited to: (I) Bunge 11. 511 o.F. W LP, et al Los Angeles County Superior Court (Case SCI00361); (2) Sulphur Mountain Land and Livestock v. Redmond. et ai, Ventura COLlnty Superior Court (Case CJV214702); (3) Avalon Farms LLC vs. Helcha CAcuna, Ventura County Superior Court (Case 56-2012-00414415-CL-BC-VTA); (4) Avalon Farms LLC vs. Michael Leon Ventura County Superior Court (Case 56-2012-0041 4406-CL-BC-VTA); (5) Sulphul' Mountain Land & Livestock Co LLC V$. 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 -3· ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS
  • 42.
    09/14/2012 13:53 FAX2132174838 LA SUPERIOR COURT IllJ005/015 c.. .....J ....J c::: LU ....J .....J :i 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; 6 7 5, All rights to any interest or payment of monies now due or to become due in any in any 8 9 10 11 II 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 account, accounts receivable, agreement, annuity policy value, assignment agreement, bond, bonus, claim against any third party, commercial property purchase agreement, commission, 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, purchase agreement, real property, reimbursement agreement, rents, residential purchase 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, bonus, claim against any third party, commercial property purchase agreement, commission, ORDER. GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRArNNG TIJDGM.ENT DEBTORS
  • 43.
    08/14/2012 13:54 FAX2132174838 LA SUPERIOR COURT ~006!015 1 2 3 4 5 6 7 8 9 10 11 0- 12-.J -.J 13 ex:: 14 L.Ll ...J 15 ....J - 16 :i 17 IS 19 20 21 22 23 24 25 26 27 28 compensation, contract, credit, deed, deposit, development contract, endowment, escrOW account, tlnancing 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 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 account, accounts receivable, agreement, annuity policy value, assignment agreement, bond, 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 proceed, investment agreement, joint venture agreement, lawsuit, lease, lien, line of credit, loan, monies, partnership agreement, power of attorney, proceed8, 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 qf or jor the ben~fit of or accessible to JUDGMENT DEBTORS that is in the -5- ORDER GRANTING MOTION POR ASSIGNMENT ORDER k'm ORDER RESTRAINING JUDGMENT DEBTORS
  • 44.
    08/14/2012 13:54 FAX2132174838 LA SUPERIOR COURT tal 007/015 C. ...J ...J 0::: UJ ...J ...J :E 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; 7 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. 11 18 9, All rights to any interest or payment of monies now due or to bee·ome due in any in any 19 20 21 22 23 24 :ZS 26 27 28 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 a.greement, joint venture agreement, lawsuit, lease, lien, line of credit Joan, 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 ORDER GRANTING MOTION FOit ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS
  • 45.
    08/14/2012 13:54 FAX2132174838 LA SUPERIOR COURT ~008/015 C. ....J ....J c::: LU ....J ....J :E 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 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, 10. 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, developmel1l contract, endowment, escrow account, financing agreement, indemnity agreement, instrument, insurance polley loan value, insurance proceed, investment agreement, joint venture agreement, lawsuit, lease, lien, line of credit, loan, monies, pal1nership 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 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, 25 /1/ 26 III 27 28 -1- ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING :rt:-'DGMENT DEBTORS
  • 46.
    08/14/2012 13:55 FAX2132174838 LA SUPERIOR COURT ~008/015 Il. ...J ...J 0::: I.U ...J ...J -~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 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 20 21 22 23 24 2S 26 27 28 Dated: 9'/1 :t/ ?() / L TI Honorable Robert L. Hess -8- ORDER QRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS
  • 47.
    09/14/2012 13:52 FAX2132174838 LA SUPERIOR COURT Il!J001/015 SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES 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 KNAPP PETERSEN AND CLARKE NATURE OF PROCEEDINGS: 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 Page 1 of 1 DEPT. 24 Reporter MINUTES EN'l'EREtl 09/13/12 COUN';t'Y CLERK
  • 51.
    1 2 3 4 5 6 7 8 9 10 11 0... 12--I --I 13 0:: 14 W --I15 --I ~. 16 17 18 19 20 21 22 23 24 25 26 27 28 RANDALL A. MILLER (Bar No. 116036) AUSTA WAKILY (BarNo. 257424) MILLERLLP 515 South Flower Street, Suite 2150 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, STEVEN RAY GARCIA, STEPHEN M. HARRIS and ANDRE JARDINI =R~<!HARLES. DEPUTY SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES STEPHEN M. GAGGERO; an individual; PACIFIC COAST MANAGEMENT, INC., a Corporation; GINGERBREAD COURT LP, a Limited Partnership; 511 OFW, LP a Limited Partnership; MALIBU BROAD BEACH 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, STEPHEN RAY GARCIA, STEPHEN M. HARRIS and ANDRE JARDINI, Defendants and Judgment Creditors. 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 -1- [pROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
  • 52.
    1 2 3 4 5 6 7 8 9 10 11 a.. 12...J ...J 13 0::: 14 ill ...J15 ...J ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -2- [PROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
  • 53.
    1 2 3 4 5 6 7 8 9 10 11 a.. 12--1 --1 13 0::: 14 W --115 .--1 ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -3- [pROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
  • 54.
    a.. ......I ......I r:r LU ......I ......I 2 1 IT ISFURTHER ORDERED THAT: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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. . ;)0 1l1I-111- 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 -4- [PROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
  • 55.
    1 2 3 4 5 6 7 8 9 10 11 0.. 12.....J ....:.J 13 ~ 14 W .....J 15 .....J ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 .computersand 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. -5- [pROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
  • 56.
    0... .....I .....I 0::: W .....I .....I ~ 1 IT ISFURTHER 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): 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ·26 27 28 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 /tt;J . 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. -6- [PROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
  • 57.
    1 2 3 4 5 6 7 8 9 10 11 0... 12....J ....J 13 0:: 14 W ....J 15 ....J ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -7- [pROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
  • 58.
    0.. ....J ....J cr:: W ....J ....J 1 30. Nosuch 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. 10 11 12 13 14 15 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 17 18 Dated: ()~~ ~/ h,JJ2 19 20 21 22 23 24 25 26 27 28 , Honorable Robert L. Hess -8- [PROPOSED] ORDER FOR THE APPOINThlIENT OF A RECEIVER
  • 59.
    1 2 3 4 5 6 7 8 9 10 11 0... 12--I --I 13 0:: 14 W --I15 --I ~. 16 17 18 19 20 21 22 23 24 25 26 27 28 RANDALL A. MILLER (Bar No. 116036) AUSTA WAKILY (BarNo. 257424) MILLERLLP 515 South Flower Street, Suite 2150 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, STEVEN RAY GARCIA, STEPHEN M. HARRIS and ANDRE JARDINI =R~<!HARLES. DEPUTY SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES STEPHEN M. GAGGERO; an individual; PACIFIC COAST MANAGEMENT, INC., a Corporation; GINGERBREAD COURT LP, a Limited Partnership; 511 OFW, LP a Limited Partnership; MALIBU BROAD BEACH 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, STEPHEN RAY GARCIA, STEPHEN M. HARRIS and ANDRE JARDINI, Defendants and Judgment Creditors. 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 -1- [pROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
  • 60.
    1 2 3 4 5 6 7 8 9 10 11 a.. 12...J ...J 13 0::: 14 ill ...J15 ...J ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 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 -2- [PROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
  • 61.
    1 2 3 4 5 6 7 8 9 10 11 a.. 12--1 --1 13 0::: 14 W --115 .--1 ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -3- [pROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
  • 62.
    a.. ......I ......I r:r LU ......I ......I 2 1 IT ISFURTHER ORDERED THAT: 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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. . ;)0 1l1I-111- 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 -4- [PROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
  • 63.
    1 2 3 4 5 6 7 8 9 10 11 0.. 12.....J ....:.J 13 ~ 14 W .....J 15 .....J ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 .computersand 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. -5- [pROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
  • 64.
    0... .....I .....I 0::: W .....I .....I ~ 1 IT ISFURTHER 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): 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ·26 27 28 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 /tt;J . 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. -6- [PROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
  • 65.
    1 2 3 4 5 6 7 8 9 10 11 0... 12....J ....J 13 0:: 14 W ....J 15 ....J ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -7- [pROPOSED] ORDER FOR THE APPOINTMENT OF A RECEIVER
  • 66.
    0.. ....J ....J cr:: W ....J ....J 1 30. Nosuch 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. 10 11 12 13 14 15 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 17 18 Dated: ()~~ ~/ h,JJ2 19 20 21 22 23 24 25 26 27 28 , Honorable Robert L. Hess -8- [PROPOSED] ORDER FOR THE APPOINThlIENT OF A RECEIVER
  • 67.
    SUPERIOR COURT OFCALIFORNIA, COUNTY OF LOS ANGELES DATE: lO / 03 /l2 DEPT. 24 HONORABLE Robert L. Hess JUDGE G. Charles DEPUTY CLERK HONORABLE #1 B. Bell CiA JUDGE PRO TEM ELECTRONIC RECORDING MONITOR DeputySheriff Y. Huff CSR l2570 Reporter 8:30 am BC286925 Plaintiff Edward Hoffman Counsel David Chatfield (x) (X) STEPHEN M GAGGERO VS KNAPP PETERSEN AND CLARKE NATURE OF PROCEEDINGS: 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 •
  • 68.
    IN THE COURTOF 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. COURT OF APPEAL – SECOND DIST. JOSEPH A. LANE, Clerk Deputy Clerk Oct 03, 2012 K LEWIS
  • 69.
    COURT OF APPEAL– SECOND DIST. JOSEPH A. LANE, Clerk Deputy Clerk Oct 03, 2012 bfisher
  • 70.
    0.. -1 .....I 0::: W .....I .....I 2: FILEDLOS ANOdES'SUPERIOR COURT1RANDALL A. MILLER (Bar No. 116036) AUSTA WAKILY (BarNo. 257424) 2 MILLERLLP OCT 03 2012515 South Flower Street, 'Suite 2150 3 Los Angeles, CA 90071-2201 Telephone: 800.720.2126 4 Facsimile: 888.749.5812 JO~ A. CLAR.!l~K BY GE&=~HARLESI DEPUTY 5 Attorneys for KNAPP, PETERSEN & CLARKE, STEVEN RAY GARCIA, STEPHENM. HARRIS ' 6 and ANDRE JARDINI 7 8 9 10 11 12 13 14 15 16 17 18 19 20 , 21 22 23 24 25 26 27 28 SUPERlOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES STEPHEN M. GAGGERO, an individual, CASE NO.: BC286925 PACIFIC COAST MANAGEMENT, INC., a 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 ARENZANO TRUST; and JOSEPH PRASKE, Trustee ofAQUASANTE FOUNDATION, Plaintiffs and JudgmentDebtors, v. KNAPP, PETERSEN & CLARKE, STEVEN RAY GARCIA, STEPHEN M. HARRIS and ANDRE JARDINI, Defendants and Judgment Creditors. 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
  • 71.
    1 TO ALLPARTIES 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: 13 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: 26 27 28 -2- ORDER GRANTThfG MOTION FOR ASSIGNMENT ORDERAND ORDER RESTRAINING JUDGMENT DEBTORS
  • 72.
    0.. ....l ....l 0::: w ....l ....l 1 1. Allrights 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 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 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); 17 18 4.. All rights to any interest or payment of monies now due or to become due in any in any 19 20 21 22 23 24 25 26 27 28 account, accounts receivable, agreement, annuity policy value, assignment agreement, bond, bonus, claiin against any third party, commercial property purchase agreement, commi1?sion, 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, profrt, 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 JUDG1'v.IENT DEBTORS that is in the ORDER GRANTThfG MOTION FORASSIGNMENT ORDER AND ORDERRESTRAlNING JUDGMENT DEBTORS
  • 73.
    0.. -l -l 0::: ill -l -l ~ 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; 9 10 5. All rights to any interest or payment of monies now due or to become due in any in any 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, fmancing 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 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; -4- ORDER GRANTING MOTION FORASSIGNMENT ORDERAND ORDER RESTR.AINWG JUDGlv.ffiNT DEBTORS
  • 74.
    0... ....J ....J 0:=: ill ....J ....J 2 1 6. Allrights to any interest or payment of monies now due or to become due in any in any 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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, financingagreernent, 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 aweement, 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 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; 21 7. All rights to any interest or payment of monies now due or to become due in any in any 22 23 24 25 26 27 28 account, accounts receivable, agreement, annuity policy value, assignment agreement, bond, bonus, claim against any third party, commercial property purchase agreement, commission, yompensation, contract, credit, deed, deposit, development contract, endowment, escrow account, financing agreement, indemnity agreement, instrument, insurance policy loan value, insurance proceed, investment agreement, jomt venture agreement, lawsuit, lease, lien, line of credit, loan, monies, partnership agreement, power of attorney, proceeds, profit, profit-sharing agreement, -5- ORDER GRANTIN"G MOTIONFOR ASSIGNJvIENT ORDER A-"ND ORDER RESTRAINJNG JUDGMENT DEBTORS
  • 75.
    0... --l --l 0::: W --l --l 2 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; 10 11 12 13 14 15 16 17 18 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. 20 21 9. All rights to any interest or payment of monies now due or to become due in any :in any 22 23 24 25 26 27 28 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, fmancing 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, -6- ORDER GRirnTING MOTION FOR ASSIGNMENT ORDERAND-ORDERRESTRAINING JDDG1vffiNT DEBTORS
  • 76.
    0... -1 --I 0:::: ·W --I --I ~ 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. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. All rights to any interest or payment of monies now due or to become due in any in any account, accounts receivable, agreement, rumuity 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, insmance 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 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. -7- ORDER GR.INTING MOTION FOR ASSIGNMENT ORDER AND ORDERRESTRAINING JUDGMENT DEBTORS
  • 77.
    0.. ....,.I -l a: ill -l -l :?! 1 III 2 III 3IT 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. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 22 23 24 25 26 27 28 ~__ 5 J-OJ2--Dated: Ut. f Honorable Robert L. Hess -8- ORDER GRANTING MOTION FORASSIGNMENT ORDER A..llD ORDERRESTR.AINmG JUDGMENT DEBTORS
  • 78.
    0.. --1 --1 0:: W --1 --1 ~ 1 RANDALL A.MILLER (Bar No. 116036) AUSTA WAKlLY (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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attorneys for KNAPP, PETERSEN & CLARKE, STEVEN RAY GARCIA, STEPHEN M. HARRIS and ANDRE JARDINI SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES 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, Plaintiffs and Judgment Debtors, 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
  • 79.
    1 2 3 4 5 6 7 8 9 10 11 CL 12.....J .....J 13 0::: 14 W .....J 15 .....J. ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOFOF 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 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 ofthe 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 firm'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 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 -1- POS-REISSUED ORDER FOR ASSIGNMENT OF RIGHTS & ORDER RESTRAINING JUDGMENT DEBTORS
  • 80.
    1 2 3 4 5 6 7 8 9 10 11 CL 12--l --l 13 0::: 14 W --l15 --l ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 KRlSTIN PETERS BLECHER & COLLINS 515 South Figueroa Street, Suite 1750 Los Angeles, CA 90071-3334 STEPHEN M. GAGGERO SERVICE LIST -2- 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
  • 81.
    1 2 3 4 5 6 7 8 9 10 11 CL 12....J ....J 13 a: 14 W ....J15 ....J ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 address(es) set forth below on this date before 5:00 p.m. by causing such document to be transmitted by electronic mail to the office ofthe 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 fIrm'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 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~ -3- POS-REISSUED ORDER FOR ASSIGNMENT OF RIGHTS & ORDER RESTRAINING JUDGMENT DEBTORS
  • 82.
    1 2 3 4 5 6 7 8 9 10 11 CL 12 --' --' 13 0::: 14 W --'15 --' ~ 16 17 18 19 20 21 22 23 24 25 26 27 28 David Blake Chatfield, Esq. WESTLAKE LAW GROUP 2625 Townsgate Road, Suite 330 Westlake Village, CA 91361 SERVICE LIST -4- 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
  • 83.
    a.. ....J ....J 0::: W ....J ....J ~ 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 7 OCT 03 2012 JO~ A. CLA~~K BY GE'~HARLES, OEPUTY 8 9 SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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
  • 84.
    (L .....J .....J 0:: w .....J .....J 1 TO ALLPARTIES 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 -2- ORDER GRANTlNG MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS
  • 85.
    0::: w .....J .....J 1 1. Allrights 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 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); 17 18 4. All rights to any interest or payment of monies now due or to become due in any in any 19 20 21 22 23 24 25 26 27 28 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 -3- ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS
  • 86.
    0.. --l --l a: ill --l --l ~ 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 , 7 Townsgate Road Suite 330, Westlake Village, California 91361;(6) DAVID BLAKE 8 CHATFIELD, 2625 Townsgate Road Suite 330, Westlake Village, California 91361; 9 10 5. All rights to any interest or payment of monies now due or to become due in any in any 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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; -4- ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS
  • 87.
    a.. ...J ...J 0:: W ...J ...J ~ 1 6. Allrights to any interest or payment of monies now due or to become due in any in any 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 22 23 24 25 26 27 28 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, -5- ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS
  • 88.
    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; 10 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. 20 21 9. All rights to any interest or payment of monies now due or to become due in any in any 22 23 24 25 26 27 28 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, -6- ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS
  • 89.
    a.. .....J .....J 0::: W .....J .....J ~ 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. 10 11 12 13 14 15 16 17 18 19 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; 22 23 24 25 26 27 28 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. -7- ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS
  • 90.
    t!; CL --l --l a: W --l --l ~ 1 III 2 III 3IT 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. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 22 23 24 25 26 27 28 Dated: _a_~_"""-----L.5/_J-_tJ_i2-- Honorable Robert 1. Hess -8- ORDER GRANTING MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS
  • 100.
    LA ~U~~HIUH CUUHI1l1l001(OOL SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES DATE: 06/07/13 DEPT. 24 HONORABLE Robert L. Hess JUDOE G. Charles DEPUTY CLERK HONORABLE #5 B. Bell CiA lUDGE PRO rEM ELECTRONIC RECORDING MONITOR D.pij<)'Shcriff D. Read CSR 3949 stip Reporter 8:33 am EC296925 Plainllff Counsel Edward Hoffman (x) STEPHEN M GAGGERO VS KNAPP PETERSEN AND CLARKE NATURE OF PROCEEDINGS: MOTION: BOND ON APPEAL D.f.ndant Austa Wakily Counsel The cause is called for hearing. Th_e matte:J;"_ni_s__13,rgue!9:_ and submitted. The fundamental argument by the Additional Jud~ment Debtors is that because they paid the earlier Judgment in NOvember 2012, which--was---l-alcge:t'--th!Y'l-this judgment, they are good for the smaller judgment and will pay it if this Court's judgment is affirmed. However, the Court notes that in opposition to the ex parte a~pli­ cation, filed, May 16, 2013, counsel for the Add~tion­ al Judgment Debtors made an argument that in order to pay the earlier judgment, they had to "borrow heavily against real properties they own in Venice." They also allege they will have to sell one or more prop- erties to ~ay off that loan. While none of these arguments ~s supported by admissible evidence, they do call into question the ability of the Additional Judg- ment Debtors to pay. The aSsurances of intent to pay the pending judgment are not supported by any evidence regarding regarding ability to pay, nor which of chese entities proposes to pay. Mr. Praske's declaration, in particular, contains the vagueness On these subjects which has been the hallmark of the positions of both Mr. Gaggero (x) Page 1 of DEPT. 24 MINUTES ENTlllRED 06/07/13 COtTNTY CLERX
  • 101.
    LA oU~oH1UH cUUHIII1J OO:uOO~ SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES DATE: 06/07/13 DEPT. 24 1l0NORABLil Robert L. Hess JUDGE G. Charles DEPUTY CLIlRK HONORABLIl #5 JUDGIl PRO TEM ELECTRONIC RECORDING MONITOR B. Bell CIA 6:33 am BC266925 STEPHEN M GAGGERO VS D.putyShoriff D. Read CSR 3949 Stip Plainl1ff Coonsol Edward Hoffman D.fondant Austa Wakily Counsel KNAPP PETERSEN AND CLARKE NATURE OF PROCEEDINGS: and the Additional Judgment Debtors throughout this litigation. Rather, the Court is persuaded that the extraordinary efforts Knapp, petersen & Clark have been rewuired to exert in represent a continuing manifestation of that conduct by Mr. Gaggero whIch the Court has previously found to be his standard operating procedure in response to demands thatr he pays money he owes. The Court is not persuaded that there is an~ ~enuine separation between Mr. Gaggero and the Add~t~onal Judgment Debtors; rather, they are his alter ego, established and maintained for the purpose of defeating creditors claims. In the execrise of its discretion, and pursuant to CCP Section 917.9, the Court will require that the Aditional Judgment Debtors post an undertaking in the amount of $225,000 to cover the damages which Knapp, petersen & Clark may suatain by reason of the stay in in the present judgment. that sum is to be posted on or before July 8, 2013, with proof of posting filed with the Court and served on Knapp, Petersen & Clark. A copy of the minute order is sent via facsimile transmission as follows: Edward Hoffman 310-442-4600 page ;3 of 2 Austa Wakily 889-749-5612 DEPT. 24 Reporr.er (x) (x) MINUTES ENTERED 06/07/13 COUNTY C):..ERK
  • 104.
    " 1 1 1 1 i ! 1 lI ! 2 i i i 3! i ! 4 ! i i 5 1 i ! 6 ! ! i 7 . ! 11 i i ·8 :: ! ! !! 9 l iII !! 10 11 11 !! Gaggero v. Knapp, Peterson, et al. Case No. BC286925 SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF Los ANGELES. 11 ! ! !! ii. 12 11 STEPHEN M. GAGGERO, et aI., . CASE NO. BC286925 11 i i 13 !! !i i i 14 !! i 1 i i 15 !! i i .16 i i 17 ! ! 1 18 ! ! i i 19 !! 1i i i 20 !! . i i 21 i ! i 22 ! ! i 23 !1 1i i i Plaintiffs and Judgment Debtors, -v- KNAPP, PETERSEN, et aI., Defendants and Judgment Creditors. _[Assigned for all purposes to the Hon. Robert L. Hess, Dept. 24] [Proposed ] ORDER APPROVING FINAL ACCOUNTING, APPROVING ·REQUESTS FOR FEES AND EXPENSES, EXONERATING RECEIVER'S BOND, DISCHARGING J~Y D. ADKISSON AS RECEIVER, AND TERMINATING THE RECEIVERSIDP . UPON MOTION ofthe Receiver herein, Jay D. Adkisson, for good cause shown, and the parties and all ofthem having indicated through their counsel ofrecord that they have NO OBJECTION to the entry ofthis ORDER, the Court hereby ORDERS as follows: ! i 1 1 ! i ! i . i ! ~ I ! 1 i ! iI 1 l~ - i !I 1 i ! i ! i i ! .1 1 i . ! i ! . 1 ! i iI i i 1 :: I 11 :- 1-1'-"-"-"-"-"-"-"-"-"-"-"-"-"-"-"-"-"_.._ .._ ..- .._ ..- .._;._.._ .._ .._ .._ ..- ..- .._ .._ .._ .._ .. -"-"-"-"-"-"-"-"-"-"-"-"-"-"-"-"-"-"-"-"f i i ORDER - Page.1 I i i i i i i :: i 11 :I I I
  • 105.
    2 3 4 5 6 7 8 9 j i 10 !I t i i I 11 ! I I i ! i !12 I ! ! i j 13 Ii ! !~ i i 14 !j ,il i j 15 l! !! I I 1.6 ! ! !i 17 !! i 1 l! 18ti it j I 19 i i ! ! II 20 !i i! ! i 211 ! i i 2211 !! i i 23 !! i i i j G.aggero V, KnqPP, Peterson,eta/. Case No, 8C286925 (1) The Receiver's Final Accounting, as set foith In the Receiver's Final Report dated' November 17, 20]2, is hereby APPROVED; (2) The Receiver1s Request for Fees and Expenses ill the amount of $30,000 is hereby APPROVED; (3) The .Receiver's Bond herein, being Liberty Mutual Insurance Company Bond# 0160521.09, ishere.by EXONERATED; (4) Jay D .. A.dkis$on is hereby DISCHARG.ED a,s the Receiver; (5) The receivershipheteiIi is herebyTERMINATED. SO ORDERED tlu$ _ _ d&y of_______, 2012" by: We agree as to the form ofthis o~rder,.. ' out prejudi~e :0any ~artiesl ap.pella.t. i· .'s as· to anypnor orders.. ~••p., ,'.~__ J . D .Di9~~ried,bYJaY.D.AdkI5S0ii 'oy . ....Dl'!icn=JayDAdklsson,o=Gaggero . .,c(_ ~t1app .Petersen, ou=RECEIVER, A·d·k··,·s·S:Qn ·eiiiail~jay@risad.com~c=US . .... .. Date:.2012.H.2i 69:28:34,OB'OIi' Jay D. Aclkisson Austa ,Waldly David B.Chatfield Edwatd A. Hoffman Hon. Robert L. Hess Judge ofthe Superior Court I' i : : t-· I I : I.-i.--._.__.._-----_·_-_·_··__:_.__·_-_._··_--_.._.._.·--'-"-"-"-;'-"--'-"-'--"----"--'----"--'----'-_..-.._---.._._-.._.._.__..----_._.----_..__._..__._.,--'-'-1 1) ORDER Page 2 III : II,'I.j (( . :L:~i·)ii~<;~~~../~~~.:sMi~;~,~~~.:':~.' ....:.:.:. .:••>;••••••• ":
  • 106.
    ,{ 1 2 3 4 5 6 7 8 9 ! i 10 ! i 11 i! i 12i! 13 14 is 16 ! i i 17 i 18 19 20 i 21 !! i i 0 Gaggero v. Knapp, Peterson, et aI. Case No. BC286925 (1) The Receiver's Final Accounting, as set forth in the Receiver's Final Report dated 0 November 17, 2012, is hereby APPROVED; (2) The Receiver's Request for Fees and Expenses in the amount oof $30,000 is hereby APPROVED; (3) The Receiver's Bond 0 herein, being Liberty Mutual In$urance Company Bond# (4) (5) 016052109, is herebyEXONERATEDj 0 Jay D. Adkisson is hereby DISCHARGED as the Receiver; The receivership herein is hereby TERMlNATED. SO ORDERED this __ day of_____-', 2012, by: We agree as to the form ofthis Order, with- oUt prejudice to any parties' appellate rights as to anyprior orders: 0 ON:cn-..JayDAdIdssan,o=GaggemJay D" ~iDlgItaIIYSJgnedbyJaYDAdldsson - KnappPetersen, ouaRB:ElVER, Adkisson 6 -~~~~!8'00' Jay D. Adkisson ~W "0 ... JfJ.dt~ David B. Chatfield Hon. RobertL. Hess Judge ofthe Superior Court 22 iI Edward A. Hoffinan II 23 ii! ! ! j i ! i ij oj 0, i i, i i i i i ! i i i i i i j !j i i 0 ! i I ! ii ! 1-1-.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._-_.._.._.._.._..-..-..-..-..-.._.'-"-"-"-"-"-"-"-"-"-"-"-"-"-"-"---"-"-"-"-"-"-"-"-1 !! ORDER 0 Page 2 !.. I !! I !! : i i ! :: i I I
  • 107.
    , j 1 :: !! : ! 2 i il! ! ! 3 j 1 ! ! i! 4 ! I i i !! 51! 1i ! ! 6 1i ~ ! .i i 7 !! i j i'i 8 !! : i Ii 9 ; i !!i i 10 i! 11 i i 11 ; i !! 12 i l ! ! 11 13 1i '! ! ! 14 i! i i ii 15 if !1 i! 16 i i ~ ~ i i 17 !i ! I i i 18 i i !i i i 19 !! . !! i j 20 !! ! ; 21 ! i! I ! ! 22 Ii i i ! ! 23 i i i1 i i I! i i !-j'-' • !1 ! i i! I j ! ! i i Gaggero v. Knapp, Peterson, st al. Case No. BC286925 -(1) The Receiver's Final Accounting, as set forth in the Receivers Final Report dated' November 17,2012, is hereby APPROVED; (2) The Receiver's Request for Fees and Expenses in the amount of $30,000 is hereby APPROVED; (3) The Receiver's Bond herein, being Liberty Mutual Insurance Company Bond# 01605i109, is hereby EXONERATED; (4) Jay D. Adkisson is hereby DISCHARGED as the Receiver; (5) The receivership herein is hereby TERMINATED. SO ORDERED this _ _ day of______, 2012, by: We agree as to the form ofthis Order, with- out prejudice to any parties' appellate rights as to any prior orders: Jay 0 DlgItalIys/iJnedbyJayDAdkl5son DN:OI....ayDAdJdsson. O<oGa9SJe1'O ...,.KniPPPetenen,OIFIIECEIIIER, Adkisson =:r=·=:.oa~' Jay D. Adkisson Edward A. Hoffman Hon. Robert L. Hess Judge oftbe Superior Court . i L i i ! ~ i ! i 1. , i ! ! 1 ! ! ! i •..- ..••.••..•..-. " .- •..•..- ..- .•• '- ._.. - ..:. ..-. -"'-'- .- .-. -' -.- ._ .._ ..- .._..- .._.•- .._ .._ ..••,.- - ..- '.' ._j ORDER Page 2
  • 108.
    '1 I I I I II I I I I , I 1 ' I II , I 2 ' I I I II 3 I I I I II 4 II -" , I 5 I I II II 6 I I , I II 7 I I I I II 8 I I II 9 I I _, I I I 10 I I II II 11 II II I I 12 I I II II 13 I I II II 14 I I II I I 15 I I II II 16 I I I I 17 I I I I II 18 I I II II 19 I I I I II 20 I I II I I 21 I I II II 22 I I II II 23 I I II I I ,, Gaggero v. Knapp, Peterson, at a/. Case No. BC286925 (1) The Receiver's Final Accounting, as "set forth in the Receiver's Final Report dated November 17,2012, is hereby APPROVED; (2) The Receiver's Request for Fees and Expenses in the amount of $30,000 is hereby APPROVED; (3) The Receiver's Bond herein, being Liberty Mutual Insurance Company Bond# "016052109, is hereby EXONERATED; (4) Jay D. Adkisson is hereby OISCHARGED as the Receiver; We agree as to the form of this Order, with·- out prejudice to any parties' appellate rights as to any prior orders: Ja D rOlgftallysigned byJay 0 Adkfsson Y ::.ON: cn=Jay0 Adkisson, o=Gaggero - . I <tKnappPetersen, ou.:RECEIVER, Adkisson 1"-e~"'JiIYOPrlsad.com,c=US (/ Date:2012.11.21 09:28:34008'00' lay D. Adkisson Austa Wakily David B. Chatfield "' ~I- - - - - - - - - - - - - - - - - - - - - - - - - - - - I I I- I I II , , ORDER Page 2
  • 109.
    1 2 3 4 5 6 PROOF OF SERVICE Iam a resident ofthe State of California, over the age of eighteen years, and not a party to the within action. My business address is 12301 Wilshire Boulevard, Suite 500, Los Angeles, California 90025. . On April 12, 2013, I served the foregoing document(s) described as: ORDER APPROVING FINAL ACCOUNTING, APPROVING REQUESTS FOR FEES AND EXPENSES, EXONERATING RECEIVER'S BOND, DISCHARGING JAY D.· ADKINSON AS RECEIVER, AND TERMINATING THE RECEIVERSIDP. BY MAIL I placed the above document(s) in a sealed envelope with postage thereon fully prepaid, in the United States mail at Westlake Village, California, addressed as set forth below. I am readily familiar with the finn's practice for collection and processing of documents for mailing. Under that practice it would be deposited with 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 of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date ofdeposit for mailing in affidavit. BY FEDERAL EXPRESS I placed the above document(s) in a sealed envelope and placed it for deposit with Federal Express, prepaid for next'dai delivery, addressed as set forth below. BY FACSIMILE I transmitted the above document(s) by facsimile transmission to the fax number(s) set forth below on this date before 5:00 p.m., and received confirnied transmission reports indicating that the document(s) were successfully transmitted. BY PERSONAL DELIVERY I placed the above document(s) in a sealed envelope and caused them to be personally delivered by hand to the person(s) set forth below. 16 Randall A. Miller MillerLLP Jay D. Adkisson Riser Adkisson LLP 17 515 South Flower Street, Suite 2150 Los Angeles, CA 90071 18 Facsimile: 888-749-5812 Email: randy@millerllp.com 19 David Blake Chatfield 20 Westlake Law Group 2625 Townsgate Road, Suite 330 21 Westlake Village, California 91361 Facsimile: 805-267-1211 22 Email: davidblakec@yahoo.com 100 Bayview Circle, Suite 210 Newport Beach, CA 92660 Facsimile: 877-698-0678 Email: t4gaggero@courtrcvr.com 23 I declare under penalty ofperjury under the laws ofthe State of California that the above is 24 25 26 27 28 true and correct. Executed on April 12, 2013, at Los Angeles, California. Ckd ~,iflt-Edward A. Hoffm· 1 - ADDITIONAL JUD0MENT DEBTORS' MOTION TO TAX COSTS