AFCO Credit Corporation v. Hambrecht 1980 Revocable Trust

Filing 7

ORDER REQUIRING JUDGMENT DEBTOR, THE HAMBRECHT 1980 REVOCABLE TRUST, TO APPEAR FOR EXAMINATION re 3 Ex Parte Application. Judgment Debtor Exam set for 12/19/2012 at 9:30 AM in Courtroom F, 15th Floor, San Francisco. Signed by Judge Jacqueline Scott Corley on November 20, 2012. (wsn, COURT STAFF) (Filed on 11/20/2012)

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KEVIN F. KIEFFER, Bar No. 192193
[e-mail]
THOMAS H. PROUTY, Bar No. 238950
[e-mail]
TROUTMAN SANDERS LLP
5 Park Plaza, Suite 1400
Irvine, CA 92614-2545
Telephone:
949.622.2700
Facsimile:
949.622.2739
Attorneys for Plaintiff
AFCO CREDIT CORPORATION

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

S U I T E 1400

I R V I N E , C A 92614-2545

5 PAR K PLA ZA

T ROUTMAN S ANDERS LLP

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AFCO CREDIT CORPORATION,

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Plaintiff,
v.
THE HAMBRECHT 1980 REVOCABLE
TURST,

Case No. 3:12-MC-80249-WHA
Hon. Jacqueline Scott Corely
[PROPOSED] ORDER REQUIRING
JUDGMENT DEBTOR, THE HAMBRECHT
1980 REVOCABLE TRUST, TO APPEAR
FOR EXAMINATION

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Defendant.
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20183368v1

[PROPOSED] ORDER REQUIRING JUDGMENT DEBTOR TO APPEAR FOR EXAMINATION, CASE NO.
3:12-MC-80249-WHA

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Having considered the Ex Parte Application for Order Requiring Judgment Debtor to

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Appear for Examination (“Application”) filed by plaintiff and judgment creditor AFCO Credit

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Corporation (“AFCO”),

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IT IS HEREBY ORDERED THAT:

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1.

AFCO’s Application is GRANTED;

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2.

The Hambrecht 1980 Revocable Trust (“Trust”) is HEREBY ORDERED TO

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APPEAR through one or more of its duly appointed trustees, directors, officers or managing

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agents, on December 19, 2012 at 9:30 a.m., to furnish information to aid in the enforcement of a

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money judgment against the Trust (the “Examination”) at the following address:

S U I T E 1400

I R V I N E , C A 92614-2545

5 PAR K PLA ZA

U.S. District Court, San Francisco Courthouse, Courtroom F, 15th Floor

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T ROUTMAN S ANDERS LLP

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450 Golden Gate Avenue, San Francisco, CA 94102

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3.

Pursuant to California Code of Civil Procedure section 708.150(a), the Trust shall

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designate one or more of its trustees, directors, officers or managing agents familiar with the

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Trust’s assets and property to appear and be examined.

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4.

Subject to the supervision of the Court, AFCO’s counsel shall conduct the

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Examination. AFCO’s counsel shall arrange for and bear the cost of a court reporter to attend and

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record the Examination.

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The following notice is hereby given in accordance with California Code of Civil
Procedure section 708.110(e):

NOTICE TO JUDGMENT DEBTOR: If you fail to appear at the time and

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place specified in this order, you may be subject to arrest and punishment for

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contempt of court and the court may make an order requiring you to pay the

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reasonable attorney’s fees incurred by the judgment creditor in this proceeding.

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DATED: November 20, 2012
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____________________________________
HON. JACQUELINE SCOTT CORLEY
U.S. MAGISTRATE JUDGE

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20183368v1

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[PROPOSED] ORDER REQUIRING JUDGMENT DEBTOR TO APPEAR FOR EXAMINATION, CASE NO.
3:12-MC-80249-WHA