DeclarationCal. Super. - 6th Dist.February 26, 2018Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/23/2019 1:57 PM Reviewed By: L. Nguyen Case #18CV323946 Envelope: 2416978 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SPENCER P. SCHEER (SBN 107750) TIMOTHY J. SILVERMAN (SBN 145264) JONATHAN SEIGEL (SBN 168224) SCHEER LAW GROUP, LLP 26522 LA ALAMEDA, SUITE 205 Mission Viejo, CA 92691 Telephone: (949) 263-8757 Facsimile: (949) 209-3320 TSilvemlan(EDSChecrlawgroupfiom Attorneys for Plaintiff KEYPOINT CREDIT UNION SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA, DOWNTOWN COURTHOUSE KEYPOINT CREDIT UNION, Plaintiff, VS. THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation; DONALD W. BURT, JR., an individual; and DOES 1 through 50, inclusive, Defendants. Case No.2 18CV323946 SUPPLEMENTAL DECLARATION OF TIMOTHY J. SILVERMAN IN SUPPORT OF ORDER T0 SHOW CAUSE RE CONTEMPT [TELEPHONE APPEARANCEI Date: January31,2019 Time: 9:00 a.m. Dept: Z Judge Theodore C. Zayner I, Timothy J. Silverman, hereby declare and say: 1. I am an attorney at law duly licensed to practice law before all ofthe Courts of the State of California including this Court. I am a partner with the Scheer Law Group LLP, SUPPLEMENTAL DECLARATION OF TIMOTHY J. SILVERMAN 1N SUPPORT OF EX PARTE APPLICATION FOR AN ORDER TO SHOW CAUSE RE CONTEMPT 1 A “QM 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 attorneys ofrecord for the Plaintiff herein KEYPOINT CREDIT UNION ("Plaintiff' or “judgment creditor”). 2. Ihave personal knowledge of the facts set forth in this Declaration, and if called upon as a witness, would and could competently testify to the following. 3. This Supplemental Declaration is filed in support of Order to Show Cause re Contempt, to provide a status of Plaintiff’s efforts to gain the compliance of (1) Defendant THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation and (2) Defendant DONALD W. BURT, JR., an individual, with the Orders which are the subject of the Contempt Hearing on January 3 l, 2019. 4. On December 7, 2018, the Court granted Plaintiff‘s ex parte application for an Order to Show Cause re Contempt as to (1) Defendant THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation and (2) Defendant DONALD W. BURT, JR. A true and correct copy of the Order to Show Cause re Contempt entered on December 7, 201 8 is attached hereto as Exhibit "1 ", and incorporated herein by reference as though fully set forth. 5. On December 11, 2018, (1) Defendant THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation and (2) Defendant DONALD W. BURT, JR. were personally served with the Order to Show Cause re Contempt entered on December 7, 201 8. The Proofs of service were filed on December 18, 201 8. A true and correct copy ofthe Proofs of Service filed on December 18, 201 8 is attached hereto as Exhibit "2", and incorporated herein by reference as though fully set forth. 6. On December 12, 201 8, I sent (1) Defendant THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation and (2) Defendant DONALD W. BURT, JR. an email to Dr. Burt’s personal email address attaching a copy of the December 7, 201 8 Order as well as the Orders with which the defendants were required to comply. I demanded that they SUPPLEMENTAL DECLARATION 0F TIMOTHY J. SILVERMAN IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER TO SHOW CAUSE RE CONTEMPT 2 #MN \OOOQQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 turn over all items of collateral contained in the Orders. I received no response to this email. A true and correct copy of the email dated December 12, 2018 is attached hereto as Exhibit "3", and incorporated herein by reference as though fully set forth. 7. On December 13, 201 8, Plaintiff was finally able to have the Santa Clara Sheriff execute on its levy to take possession of all personal property assets ofthe Defendants’ business. Dr. Burt was personally present at the time of the levy. A representative from Plaintiff was also present at the levy specifically to assist in taking possession of all items concerning the accounts receivable. Plaintiff did take possession of all personal property constituting its collateral. However other than a few reports, the Defendants refixsed to allow Plaintiff to take possession of any items concerning the accounts receivable including computers, agreements, invoices, etc. 8. Two reports which were provided are (i) Historical Aging Summary Analysis repon and (ii) Net Collections Report,. The Net Collections Report suggests that as of December 13, 2018, there were total accounts receivable of $470,560.60 including $463,978.59 which was due and payable from insurance carriers. A true and correct copy ofthe Reports is attached hereto as Exhibit "4", and incorporated herein by reference as though fully set forth. 9. Plaintiffhas demanded that (1) Defendant THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation and (2) Defendant DONALD W. BURT, JR., pay over these funds to Plaintiff. The Defendants employ a third party vendor located in Massachusetts to do its medical billing. The Defendants have refused to cooperate in diverting payment 0f collected accounts receivable to Plaintiff. 10. On January 4, 201 9, I sent the Defendants a letter by fax and overnight mail to the business address where the Defendants had been personally served. The letter demanded that the Defendants comply with the Orders concerning the accounts receivable. I cautioned the Defendants of their legal obligation t0 turnover all items concerning the accounts receivable. In SUPPLEMENTAL DECLARATION OF TIMOTHY I. SILVERMAN IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER TO SHOW CAUSE RE CONTEMPT 3 A \DOONQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 addition, the defendants indicated at the time of the December l3, 201 8 levy that there was additional equipment at Dr. Burt’s residence. I demanded that this equipment be surrendered. I also reminded him of the January 3 l, 2019 contempt hearing and suggested that he retain legal counsel I received no response to this letter. A true and correct copy ofthe letter is attached hereto as Exhibit "S", and incorporated herein by reference as though fully set forth. 11. Plaintiff request that (l) Defendant THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation and (2) Defendant DONALD W. BURT, JR., be held in contempt. Not only has Plaintiff repeatedly attempted to gain their compliance with the Court’s prior Orders, but (1) Defendant THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation and (2) Defendant DONALD W. BURT, JR., have taken affirmative and specific action to not turnover the accounts receivable and to avoid compliance with the Orders. Plaintiff is extremely concerned that (1) Defendant THE FAMILY- CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation and (2) Defendant DONALD W. BURT, JR., will continue to collect a significant amount of accounts receivable and dissipate those funds despite the fact that it is Plaintiff’s collateral. 12. There has absolutely no cooperation from (1) Defendant THE FAMILY- CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation and (2) Defendant DONALD W. BURT, JR. A contempt order should be issued to require compliance or suffer the consequences. The Defendants have done nothing but ignore and thumb their noses at the Court and its previously entered Orders. There can be no doubt that the Defendants’ disobedience is intentional and willful. 13. Specifically, Plaintiff requests that (1) Defendant THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation and (2) Defendant DONALD W. BURT, JR. be held in contempt unless and until they immediately turnover: SUPPLEMENTAL DECLARATION OF TIMOTHY J. SILVERMAN IN SUPPORT 0F EX PARTE APPLICATION FOR AN ORDER T0 SHOW CAUSE RE CONTEMPT 4 \OOONQ IO 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 26 27 28 (1) A11 inventory, equipment, furniture, fixtures, computers, printers, tools, parts, and supplies, including attachment, accessions, accessories and fittings. (2) All accounts receivable, including books, records and data, including all electronic information. If called as a witness, I could and would testify competently to all the foregoing. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 23rd day 0f January, 2019, at Mission Viejo, California. amk: Wimothy J. Silverman SUPPLEMENTAL DECLARATION OF TIMOTHY J. SILVERMAN IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER TO SHOW CAUSE RE CONTEMPT 5 SPENCER P. SCHEER (SBN 107750) w E1: a TIMOTHY J. SILVERMAN (SBN 145264) a gm a QJONATHAN SEIGEL (SBN 163224) SCHEER LAw GROUP, LLP DEC _ 7 2mg26522 LA ALAMEDA, SUITE 205 Mission Viejo, CA 9269] T le hone: 949 263-8757 ‘ ‘ "j ’1" L: ‘- r.“Faccslfinile: (349)209-3320 = WWW mfim‘g‘g 1:511xgnuguilaghspgtlgxwguzmzm " Attorneys for Plaintiff KEYPOINT CREDIT UNION SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA, DOWNTOWN COURTHOUSE KEYPOINT CREDIT UNION, Case No.2 18CV323946 Plaintiff, mews] ORDER To SHow CAUSE TC” vs, RE CONTEMPT THE FAMILY-CENTERED EAR, NOSE, [WITHROAT GROUP, a Medical Corporation; ODONALD w. BURT, 112., an individual; and Date; Pecemb” 7’ 20‘ 8 . . Txme. 8.15 a.m.DOES l through 50, Incluswe, Dept: 6 Judge Theodore C. Zayner Defendants. On December 7, 2018, at 8: 15 a.m., before the Honorable Theodore Zayner Presiding , in Depamnent 6 of the above-entitled Court, the Ex Parte Application ofPlaintiff KEYPOINT CREDIT UNION (“Plaintiff") For Order to Show Cause Re: Contempt of (l) Defendant THE FAMILY~CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation and (2) [PROPOSED] ORDER TO SHOW CAUSE RE CONTEMPT 1 EXHIBIT " i ' \OWMOMAUJN- NNNMNNNNNr-u-u-u-MH-~.- oowathN-AOOOOQQMJAwm-‘o Defendant DONALD W. BURT, JR., an individual, came on for hearing. Appearances were as noted on the record. Upon consideration of the facts presently before the Court, and with GOOD CAUSE appearing therefor, IT IS HEREBY ORDERED, ADJUDICATED AND DECREED that: 1. A Hearing re Contempt as to (1) Defendant THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation and (2) Defendant DONALD W. BURT, JR., an individual shall take place on 310351QE{_§L_, ZOEL, atwfxgflivfinv Depaflmeangfthe Santa Clara Superior Court located at 191 North First Street, San Jose, CA 951 13. 2. The Court orders that (1) Defendant THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation and (2) Defendant DONALD W. BURT, JR., an individual, shall personally appear to show cause why they should not be held in contempt for failing to tum over personal property described as: (l) CS 9300 110V ENT- Allergy Bundle, Serial Number EFXMOU (CT Scanner) (2) All inventory, equipment, fumiture, fixtures, computers, printers, tools, parts, and supplies, including attachment, accessions, accessories and fittings. (3) All accounts receivable, including books, records and data, including all electronic information. 3. Although (l) Defendant THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation and (2) Defendant DONALD W. BURT, JR., an individual, may appear with counsel, personal appearance by Defendant DONALD W. BURT, JR., is required. Ill Ill [PROPOSED] ORDER TO SHOW CAUSE RE CONTEMPT 2 OOOONQUIJSUJN I] 12 13 l4 l5 16 17 l8 19 20 21 22 23 24 25 26 27 28 4. The Court retains personal jurisdiction over the Defendant DONALD W. BURT, JR., an individual. . ll ‘ .7 ,u Dated: (£47\\b // Judge ofthe Sup Ior Alt / - wefi. Zayner [PROPOSED] ORDER TO SHOW CAUSE RE CONTEMPT 3 EFS~020 ATrORNEY 0R mm v wanom M xoszNev STA FE BA“ N0: 145264 NAME Timothy J. Silverman FIHM NAME Scheer Law Group, LLP STREETADDRESS 26522 La Alameda, Suite 205 crrv: Mission Vie'o swa‘ CA zxr cabs. 92691 TELEPHONE No.1 (949% 263-8757 FAX N0 (949) 209-3320 smmooness- tsi[verman@scheerlawgroup.com “"0“"5" F°R‘"’"’°" Plaintiff KEYPOINT CREDIT UNION SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA smsenooness- l9] North First Street MAILINGAooness 191 North First Street cxn'ANn zupcooe: San Jose 951 l3 WNW-W'E' Downtown Courthouse FOR COURT USE ONL Y on 12/4/2018 9:12 AM Reviewed By: F. Miller Case #18CV323946 Envelope: 2237174 PLAINTIFFIPETITIONER: KEYPOINT CREDIT UNION DEFENDANT/RESPONDENT: THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medicax OTHER: CASE NUMBER 18CV323946 JUDICIAL OFFXCER Theodore C. Zayner PROPOSED ORDER (COVER SHEET) 6 order in PDF formal are filed. NOTE: This cover sheet is (o be used lo electronically file and submil lo the court a proposed order The proposed order sent electronically lo the court must be in PDF formal and must be attached lo this cover sheet. ln addilion, a version of lhe proposed order in an editable word-processing formal must be sent lo the court at the same lime as this cover sheet and (he atlached proposed 1. Name of the pariy submitting the proposed order: Keypoint Credit Union 2. Title o! lhe proposed order: Order t0 Show Cause re Contempt 3. The proceeding lo which the proposed orde! relates is: a. Description of proceeding; Application for an Order to Show Cause re Contempt b. Dale and time: December 7, 20l8 08: 1 5am c. Place: l9] North First Street, San Jose, CA 951 13 4. The proposed order was served on lhe other parties in lhe case. Timothv J. Silverman Form rumpled (or Mandalcry Use Judlmol Colman! of Ca ilnmia EFS-I)20[Ruv Fomuary I. 3'm7| (Electronic Filing) EdflA-mke'or- PARWBE Rrro‘a'fiéfiu'mv PROPOSED ORDER (COVER SHEET) Page 1 o! 2 Cu! Hullz‘ ul Cuuu' mics 2' 252 3 012 mv. .y wants ca gm LemmVexlsJi Aulamalcd Calyorma Judicial Council Form: ' _ _ 7 '____ __ __‘ _____ _ V '____'_____a EFS-OZDCASE NAME: CASE NUMBER: Keypoint Credit Union v. The Family-Centered Ear, Nose, Throat Group, ct al. 18CV323946 PROOF 0F ELECTRONIC SERVICE PROPOSED ORDER 1. | am at least 18 years old and not a pady to this action. 3- My residence or business address is (specify).- 26522 La ALameda, Suite 205 Mission Viejo, CA 92691 b. My electronic service address is (specify): mdeeveer@scheerlawgroup.com 2, l electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order in an editable word-processing formal as follows: a. On (name of'person served) (If (he person_seNed is an attorney, the pany orparties repres.ente_d.should also be slated): I electromcally served the Order Vla Santa Clara Supenor Court's Electronic Fllmg System on the recipients designated on the transaction receipt located on the Santa Clara Superior Coun's Electronic Filing System website b. T0 (electronic selvice address Ofperson served): Recipients designated on lhc transaction rcccnpl located on the Santa Clara c. 0n (date); December4, 2018 | l Electronic service of lhe Proposed Order (Cover Sheet) with lhe attached proposed order in PDF format and service of the proposed order in an editable word-processing format on addilional persons are described in an attachment l declare under penalty of perjury under the laws of lhe Stale of California that lhe foregoing is true and correct, Date: December 4, 2018 77 Mason Deever (TYPE OR FR'NT NAME OF OECtAilANT) EFS-OFO [Rev thmmy I. 2017] P Posse ORDER (COVER sH’s’éfiM (Electronic Filing) Pag-Zoll chinVexls® Automated California Judmal Council Forum TIMOTHYJ. SILVERMAN. ESQ. SCHEER LAW GROUP, LLP (5584) 26522 LA ALAMEDA, SUITE 2'05 MISSION VIEJO, GA 92691 949-268-8757 Attoméy far: KEYPOINT Atty. File No.: KP)! 00-0278 Electronically Filed by Superior Court of CA, County of Santa Clara, on 12l18/2018 3:05 PM Reviewed By: D Harris Case #1BCV323946 summon oounr 0F 0A, COUNTY 0F SANTA CLARA Envelope: 2290127 SKNTA CLARA PLAINTIFF : KEYPOINT DEFENDANT z FAMILY CENTER & DONALD W BURT 0886' No, : 1 80V323946 PROOF OF SERVICE 1 . At the time of servlce l was at least 18 years of age and not a party to this action. 2. lsarved copies ofthe‘ Order to Show Cause re Contempt 3. a. Party Served : DONALDWBURT.JR. b. Person Served: Panylnltem 3a 4. Address where tha party wa's s‘ervé'd: 18181 BUTTERFIELD BLVD STE 180 MORGAN HILL, CA 95037 (Buslness) 6. I served the pa‘rty' 7 _a. by parsonal servlbe. l personally delivered the documents llsted In It’em 2 to the party or person authorized toreceive service 6f procea's for' the party (1) on December 11 , 201' 8 (2) at: 11:30 AM 6. Witness fees were not demanded and wens not paid. 7. Person who served papers a. LEN WARREN d. Fee For Service : $ 35.25b. KNOX ATTORNEY SERVICE e. l am 1522 BROOKHOLLOW DRIVE SUITE. a (3} a regls'tére'd Californla process sewerSANTA ANA; 0A 92705 (i) an Independent contractorc. 7144794650 - (ll) Registration No.: 2676' (Ill) Couhty: Orange 8. I declare Under penalty of perjury under the laws of the State of California that the foregoing ls trua .anq correct. LEN WARREN Date: December '12. 20f8 Jud. Quin. lorm. rule 982.9 . PROOF OF SERVICEJG Form P08 010 (Rev. July 1, 2004) Ref. No.: 2546219416 ?;XHIBIT "7,“ T'MOTHYJ- S'LVER-MAN’ ESQ Electronically FiledSCHEER LAW GROUP, LLP (5584) 26522 LAALAMEDA. SUITE 205 by Superior Courélof CA, M19310»: vnEJo, GA 92691 County of Santa ara. 949-263-8767 on 12/1 8/201 8 3:05 PMAmmey f0” KEYPO'NT Reviewed By: D HarrisAtty. Fue No.: KPJOU-027S Case #1 8CV323946 SUPERIOR coum 0F 0A., cOUNTY 0F SANTA CLARA Envelope: 2290127 SANTA CLARA PLAINTIFF : KEYPOINT Case No’; 180V323946DEFENDANT : FAMILY CENTER a DONALD w BURT Pnoqr 05.553ch 1. At the tlme of service l was at least 18 years of age and not a party to thls a'c'tl'on. 2. [served copies ofthe Order to Show Cause re Contempt 3. a.- P'arty Served : THE FAMILY-CENTERED EAR, NOSE. THROAT GROUP. A MEDICAL CORPORATIONAGENT FOR SERVICE DONALD W BURLJR b. Person Served : DONALD W. BURT. JR, (AuTHORIZED AGENU 4. Address where the party was sewed: 18181 BUTTERFIELD BLVD STE 180 MORGAN HILL. GA 95037 (Business) 5a l sewed the party a. by personal. service, l personally delivered the documents llsted In Hem 2 to the party or parSon authorized torecelve Service of process for the party (1) on December 11, 201 B (2) at: 11:30 AM 6; Witness fees were not demanded and Were not paid. 7. Person who served papers a. LEN'WAHHEN d. Fee For Service: $ 105.50 b. KNOX ATTORNEYSERVIGE I e. I 'am 1522 BRQQKHOLLQW DRIVE SUH‘E 3 (3) a registered Callfornla process serverSANTA ANA. CA 92705 (i) an lndependént qgmragtof c. 7144794 650 (ll) Registration No: 2676 (Ill) County: Orangé 8. I declare under penalty 9f perjury under lhe laws of the State 91 California that th'e foregoing Is true and correct. Date : December i2. 2018 Slgnature: M Wn- “m": m'e 9°23 PROOF 0F SERVICE Ref. No.: 254621a-osJG Form Pos oi o (Rev. July 1, 2004) Timothx Silverman From: Timothy Silverman Sent: Wednesday, December 12, 2018 8:57 AM To: drburtent@gmai|.com Subject: FW: Keypoint Credit Union/ FCENT -- URGENT AND [MPORTANT- PLEASE READ IMMEDIATELY Attachments: Turnover Order-conformed.pdf; WOP Order (ex parte) entered 3.2.18.pdf; Ex Parte Order for Contempt-conformed.pdf Dr. Bun Yesterday morning you were served with the attached Order to Show Cause re Contempt entered on December 7, 201 8. Unless you turnoverfl 0f the items listed, you will need to personally appear at the Order to Show Cause hearing on January 3 l , 2019. The hearing will be for the Court to detcmline whether you should be held in contempt for failure to comply with prior Court orders requiring you to turnover and surrender all of the items constituting KPCU’s collateral. Not only is this all of the hard assets of your business but also anything and everything related to the accounts receivable. Be advised that money which you have collected for accounts receivable is also KPCU’s collateral and should be turned over to KPCU. A contempt hearing is a serious proceeding and you should groceed cautiously. You should seek the advice 0f your attomev so that he/she can advise you on the effect and potential consequences of a possible contempt finding against you. The matter can be resolved by your immediately turnover of all of KPCU’s collateral. Please contact me right away. Thanks Tim Timothy J. Silverman Scheer Law Group, LLP 26522 La Alameda, Suite 205 Mission Viejo, CA 92691 Office: (949) 263-8757 ext‘ 115 Mobile: (619) 990-1128 Fax: (949) 209-3320 Email: tsilverman@scheerlawgroug.com www.scheerlawgrou9.com ATTORNEY/CLIENT PRIViLEGED CONFIDENTIAL MATERIAL Not intended as a substitute for a writing. Notwithstanding the Uniform Electronic Transactions Act or the applicability of any other law of similar substance or effect, absent an express statement to the contrary hereinabove, this email message, its contents, and any attachments hereto are not intended t0 represent an offer or acceptance to enter into a contract and are not otherwise intended to bind the sender, Scheer Law Group, LLP, any of its clients, or any other person or entity. The information contained in this email message and all attachments is covered by the attorney/Client and or work product priviIege and is confidential information intended only for the use of the individual or entity named above, If the reader of this message is not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination, distribution or copying ofthis communication is strictly prohibited. If you have received this communication in error, please immediately notify us by return e-maiL 1 EXHIBIT " ‘5 " From: Timothy Silverman Sent: Monday, December 03, 2018 9:49 AM To: drburtent@gmail.com Subject: Keypoint Credit Union/ FCENT -- URGENT AND IMPORTANT Dr. Burt This email is NOTICE that I intend to appear ex parte on Friday December 7, 2018, at 8:15 a.m., in Department 6 of the Santa Clara Superior Court located at 191 North First Street, San Jose, CA 95113, to have the Court issue an Order to Show Cause re Contempt to explain why you and FCENT should not be held in contempt of the Orders of this Court for failing to comply with the attached Turnover Order in Aid of execution and Order for Writ of Possession as to the following personal property: (1) CS 9300 110V ENT- Allergy Bundle, Serial Number EFXM013 (CT Scanner) (2) All inventory, equipment, furniture, fixtures, computers, printers, tools, parts, and supplies, including attachment, accessions, accessories and fittings. (3) All accounts receivable, including books, records and data, including all electronic information. If you want to be heard or have a response, you need to appear at this date and time to address the Court. You may want to seek legal counsel. If you have any questions, please let me know Tim Silverman Timothy J. Silverman Scheer Law Group, LLP 26522 La Alameda, Suite 205 Mission Viejo, CA 92691 Office: (949) 263-8757 ext, 115 Mobile: (619) 990.1128 Fax: (949) 209-3320 Email: tsilverman@scheerlawgrougxom www.scheerlawgroug.com ATTORNEY/CLIENT PRIVILEGED CONFIDENTIAL MATERIAL Not intended as a substitute for a writing. Notwithstanding the Uniform Electronic Transactions Act or the applicability of any other law of similar substance or effect, absent an express statement to the contrary hereinabove, this email message, its contents, and any attachments hereto are not intended to represent an offer or acceptance to enter into a contract and are not otherwise intended to bind the sender, Scheer Law Group, LLP, any of its clients, or any other person or entity. The information contained in this email message and all attachments is covered by the attorney/client and or work product privilege and is confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering it to the intended recipient, vou are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by return e»mai|‘ \OmQQU‘tbwwn-a NNNNNMNNMHx-HHHHHp-nr-v-I quM-hwwwoxoooxzoxmazmmwo SPENCER P. SCHEER (SBN 107750) TIMOTHY J. SILVERMAN (SBN 145264) JONATHAN SEIGEL (SBN 168224) SCHEER LAW GROUP, LLP 26522 LA ALAMEDA, SUITE 205 Mission Viejo, CA 92691 Telephone: (949) 263-8757 Facsimile: (949) 209-3320 TSilvem1m1@scheerlawgroup.com Attorneys for Plaintiff KEYPOINT CREDIT UNION EL OCT 1 Cler of the Court - ‘ County a! Santa C lam Superior C. A SUPERIOR COURT OF THE STATE 0F CALIFORNIA FOR THE COUNTY OF SANTA CLARA, DOWNTOWN COURTHOUSE KEYPOINT CREDIT UNION, Plaintiff, VS. THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation; DONALD W. BURT, JR., an individual; and DOES 1 through 50, inclusive, Defendants. Case No.: 18CV323946 TURNOVER ORDER IN AID 0F XECUTION OF JUDGMENT Date: (No Hearing required) Time: Dept: Judge Theodore C. Zayner The Court having considered the ex partc application of Plaintiff and judgment creditor KEYPOINT CREDIT UNION ("Plaintiff" Or “judgment creditor”) for a Tumover Order in Aid of Execution of Judgment, the memorandum ofpoints and authorities in support thereof and the accompanying declaration, and finding that a writ ofexecution has been issued and there is a need for this order, for good cause, hereby: TURNOVER ORDER IN AID OF EXECUTION OF JUDGMENT 1 E 2018 By Fax \OOOQmUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY ORDERED ADJUDICATED AND DECREED that: r 1. Judgment debtors THE FAMILY-CENTBRED EAR, NOSE, THROAT GROUP, a Medical Corporation; and DONALD W. BURT, JR., an individual, shall transfer and turnover to the Ievying'officer, Sheriff of Santa Clara County, California, possession of the personal property described as: . (1) CS 9300 110V ENT- Allergy Bundle, Serial Number EFXM013 (CT Scanner) (2) All inventory, equipment, fumjture, fixtures, computers, printers, tools, parts, and supplies, including attachment, accessions, accessories and fittings. (3) All accounts receivable, including books, records and data, including all electronic information. (collectively the “personal property”). 2. Upon taking possession and control of the personal property, the levying officer, Sheriff of Santa Clara County, California, shall transfer and tumover possession of the personal property to judgment creditor KEYPOINT CREDIT UNION. 3. This Order shall be promptly personally served on the judgment debtor and the levying officer, Sheriff of Santa Clara County, California. 4. NOTICE IS HEREBY GIVEN THAT FAILURE BY THE JUDGMENT DEBTOR AND THE- LEVYING OFFICER, SHERIFF OF SANTA CLARA COUNTY, CALIFORNIA, TO COMPLY WITH THIS ORDER MAY SUBJECT THE JUDGMENT DEBTOR AND THE LEVYING OFFICER, SHERIFF OF SANTA CLARA COUNTY, CALIFORNIA, TO ARREST AND PUNISHMENT FOR CONTEMPT OF COURT. Dated: \O\\\\$ , Judge ofthe S perior C urt TURNOVER ORDER IN AID OF EXECUTION OF IUDGMENT 2 CD42 cmrAun ZIPooDE SAN JOSE, CA 95 I l3 Emma NAME: DOWNTOWN COURTHOUSE ATTORm UR PAR” WITHOUT ATTORNEY m, SIM! Blfnllmblf. Wam”): FOR COURT USE ONLY _ THVIOTHY J. SEVERMX'N 145264 : _ SCI'EER LAW GROUP, LLP ’ _26522 LA ALANEEDA, SUITE 205 :MISSION VTEJO CA 92 91 iENPORSEg _TELEPHONE Mo: g49-263- 757 FAX Mo. (Optimal; 949-209-3320 - E 3‘ EMAIL ADDRESS (ammo: TSEVERMAN@SCHEERLAWGROUP.COM ‘3 ‘- ' v ATTORNEV FonrName): PLAU‘ITEF, KEYPOWT CREDIT UNION M AR _ 2 2018sursmon count 0F cALJFonmA. couurv 0F SANTA CLARA swarms; 191 NORTH FIRST STREET Clerk Of the Court MAILING ADDRESS: 191 NORTH FRST STREET Superior Court o! CA County of Santa Clara Y------R.-ARAGGWWW PLAINnFF: KEYPOINT CREDIT UNION DEFENDANT: THE FAMILY-CENTERED EAR, NOSE, THROAT eta! ‘ ORDER FOR WRIT 0F POSSESSION “SE NUMBERD AFTER HEARING ax PARTE 18CV323946 ' AFTER HEARING 1. D The application of the plaintiff“ for a writ of possession was heard as follows (check boxes in 10 and 1d to indicate personal presence at the hearing): a. Judicial Officer (name): b. Hearing date: c. a Plaintiff(name): d. D Defendant (name): E Dept: . E Rm.:E Attorney (name): D Attorney (name): EX PARTE 2 The application of the plaintiff for an ex pane writ of possession has been considered by the courL 3. The court finds: a. m Defendant has been properly served as required by Code of Civil Procedure section 512.030. (Do not check (his ifarn if [he application (s ex parts.) b. Plaintifi E has .has not filed an underhklng as required by Code of Civil Procedure section 515.010. c Plaintiff has established the probable validity of me plaintiffs claim to possession of the following property (specify): (1) CS 9300 110V ENT- Allergy Bundle, Serial Number EFXN1013 (CT Scanner) (2) All inventory, equipment, furniture, fixtures, computers, printers, tools, parts, and supplies, including attachment, accessions, accessories and fittings. (3) All accounts receivable, including books, records and data, including all electronic information E Continued on Attachment ac. d. E There ls probable cause to believe this property or same part of it is located at one or more ofthe following private places (speciM: 9360 NO NAME UNO AVENUE, SUITE 120 GEROY, CA 95020 E Continued on Attachment 3d. '“Plalntffl” Includes cmss-complalnant. and “defendant" includes croés~defendanL Pm 1 or zmfflfltm'mm ORDER Foa WRIT 0F Possession °‘2‘333'3’Js'7251'fifi‘afl'5f1‘3cmzolaw. Jamm. meal (Glalm and Delivery) mmmm‘m CD-1 2U PLAINTIFF: KEYPOINT CREDIT UNION ms: NUMBER: DEFENDANT: THE FAMY-CENTERED EAR, NOSE, THROAT em 180V323945 ADDITIONAL FINDINGS FOR EX PARTE ISSUANCE OF WRIT OF POSSESSION 4. The court also finds: . a. D Defendant gained possession of the property described In item ac. which was not entrusted to the defendant. by feloniously taking such propedy from the piainfiff by means other than by false or fraudulent representation, pretense, or embezzlement ‘ b. E The property is a credit ward. c. Defendant acquired possession ofthis property in the ordinary course of the defendant's trade or business {or commercial purposes, and (1) the property is not necessary for the suppod oi the defendant or me defendant's familx (2) there ls an immediate danger that the property will beoome unavailable to levy by reason of being transferred. concealed or removed from the state. or will become substantially impaired in value by acts ofdeslruction. or by failure to take care of the property in a reasonable manner, and (3) the ex parts issuance of a writ of possession is necessary to protect the property d. Total numberof boxes checked in item 4: 1 ORDERS 5. IT IS ORDERED a The clerk of this court is directed to Issue a wn‘t ofpossesslon as provided in Code of Clvil Procedure section 512.020, directing the sheriff or marshal within whose jurisdiction the property described in imm 3c, or some part of it. is located. to seize such property and retain custody of it as provided in Code of Civil Procedure sections 514.010-514.050. b. The qlerk is directed to issue the writ of possession immediately. c. D The clerk is directed to issue the writ of possession upon the plaintiffs filling of a written undertaking. as required by Code of Civil Procedure section 515.010. in the amount ofi $ d. The wn'tten undertaking required by the defendant for redelivery or to stay delivery js In the amount of: $ The clerk of this court is directed to anach a copy ofthls order and a copy of the plaintiffs undertaking to the writ of possession. The sheriffor marshal may enter the following pdvale plam(s) lo take possession of the property or some part of it 9360 N0 NAME UNO AVENUE, SUITE 120 GEROY, CA 95020 ' -~.a E Continued on Attachment 5f. 9. Defendant (name): THE FANHLY-CENTERED BAR, NOSE, THROAT GROUP is ordered to transfer possession of the property described in item acto the plaintiff. (Code Civ. Pma. § 512.070.) NOTICE T0 DEFENDANT: Failure to comply with an order of the court to turn over possession of such property lo the plalnflffmay subject you to being hold In contempt of court. 6r Number of pages attached: Theodore C. Zayner Dated: MAR " 2 2018 (JUNCIAL OFFICER]D Signature follows lastaflachment. W‘mlmmw ml ORDER FOR WRIT or POSSESSION "W" (Claim and Delivery) SPENCER P. SCHEER (SBN 107750) TIMOTHY J. SILVERMAN (SBN 145264) JONATHAN SEIGEL (SBN 168224) SCHEER LAW GROUP, LLP 26522 LA ALAMEDA, SUITE 205 Mission Viejo, CA 92691 Telephone: (949) 263-8757 Facsimile: (949) 209-3320 LlLSJ13:1L;l11mi§;551195:;tlgm'szggzuwzm Attorneys for Plaintiff KEYPOINT CREDIT UNION WEE? 1‘ 'aefléé"; .wmumau m HERMES? SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA, DOWNTOWN COURTHOUSE KEYPOINT CREDIT UNION, Plaintiff, VS. THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation; DONALD W. BURT, JR., an individual; and DOES I through 50, inclusive, Defendants. ase No.: 18CV323946 PROPGS'EB] ORDER T0 SHOW CAUSE E CONTEMPT [TELEPHONE APPEARANCE] Date: December 7, 2018 Time: 8:15 a.m. Dept: 6 Judge Theodore C. Zayner 0n December 7, 2018, at 8:15 a.m., before the Honorable Theodore Zayner Presiding , in Department 6 ofthe above-entitled Coun, the Ex Parte Application of Plaintiff KEYPOINT CREDIT UNION (“Plaintiff") For Order to Show Cause Re: Contempt of (l) Defendant THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation and (2) [PROPOSED] ORDER TO SHOW CAUSE RE CONTEMPT I \DWVO‘UIAWN 10 11 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 28 Defendant DONALD W. BURT, JR., an individual, came on for hearing. Appearances were as noted on the record. Upon consideration ofthe facts presently before the Coun, and with GOOD CAUSE appearing therefor, IT IS HEREBY ORDERED, ADJUDICATED AND DECREED that: l. A Hearing re Contempt as to (1) Defendant THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation and (2) Defendant DONALD W. BURT, JR., L’I-W- an individual shall take place on ¢W‘jflzzL, zofl, at_f\_lg_u_, in Dcpartmentngthe Santa Clara Superior Coud located at 191 North First Street, San Jose, CA 951 13. 2. The Coun orders that (l) Defendant THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation and (2) Defendant DONALD W. BURT, JR., an individual, shall personally appear to show cause why they should not be held in contempt for failing to tum over personal propeny described as: (1) CS 9300 110V ENT- Allergy Bundle, Serial Number EFXM013 (CT Scanner) (2) All inventory, equipment, furniture, fixtures, computers, printers, tools, parts, and supplies, including attachment, accessions, accessories and fittings. (3) All accounts receivable, including books, records and data, including all electronic information. 3. Although (l) Defendant THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation and (2) Defendant DONALD W. BURT, JR., an individual, may appear with counsel, personal appearance by Defendant DONALD W‘ BURT, JR., is required. /// ll! [PROPOSED] ORDER T0 SHOW CAUSE RE CONTEMPT 2 \OOOVQQAWNI-I ._. O 11 12 l3 l4 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 4. The Court retains personal jurisdiction over the Defendant DONALD W. BURT, JR., an individual. Dated: [A7 \\g I ”/- / XJudge ofth'e Sup 101‘ urt 'I xmfi Zay‘rmr [PROPOSED] ORDER TO SHOW CAUSE RE CONTEMPT 3 EFS-02O ATTORNEY 0R mmv wvmour Anemia smut»: BAH N0 1 45264 Nme- Timothy J. Silverman WMNAME Scheer Law Group, LLP STREEMDDRESS 26522 La Alameda, Suite 205 crrv: Mission Vie'o STATE CA 2w cone: 9269] 'IELEPHONE No.: (949; 263-8757 FAX No (949) 209-3320 E-MNLADDHESS: tsilveman@scheerlawgroup.com “”0“"5" FORWM‘ Plaintiff KEYPOINT CREDIT UNION SUPERIOR COURT 0F CALIFORNIA. COUNTY 0F SANTA CLARA smsy ADDRESS: l9] North First Street MAILING AonRESS: l9] North First Street cuvmuzmcooe; San Jose 951 13 “WWW“? Downtown Courthouse FOR COURT USE ONLY on 12/4/2018 9:12 AM Reviewed By: F. Miller Case #18CV323946 Envelope: 22371 74 PLAINTIFF/PEHTIONER: KEYPOINT CREDIT UNION OTHER: CASE NUMBER 18CV323946 DEFENDANT/RESPONDENT: THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical JUDICIAL OFFICER Theodore C. Zayner PROPOSED ORDER (COVER SHEET) 6 order in PDF format are filed. NOTE: This cover sheet is to be used lo electronically file and submit lo the court a proposed order The proposed order sent electronically lo lhe court must be in PDF format and must be allached lo this cover sheet. In addition. a version of lhe proposed order in an editable word-processing format must be senl lo the court at the same time as this cover sheet and the attached proposed 1. Name o! the pany submitting the proposed order: Keypoint Credit Union 2. Title of the proposed order: Order to Show Cause re Contempt 3. The proceeding lo which the proposed order relates is: a. Description ot proceeding: Application for an Order to Show Cause re Contempt b. Date and time: December 7, 2018 08 : l 5am c. Place: 191 North First Street, San Jose, CA 951 13 4. The proposed order was served on the other parties in the case. Timothy}. Silverman {TYPE 0H PR-NT NAMEI Funn Aziupqul (m Mandamry Ugo Judicial Counml of Calilmmin EFS-I)ZD|Rcv chuary I. Hm]. (Electronic Filing) YENXfUfiE‘uFi’TR'T'Y'Efi Rfibfififi‘sfimi‘“ PROPOSED ORDER (COVER SHEET) anVexLNi Automaled CalU'orma Indian! ("ouncil Farm: ‘ _ _ __ ._ _____m_. _ _ _______m .7 ____‘____ EFS~02F0 CASE NAME: CASE NUMBER: Keypoint Credit Union v. The Family-Centered Ear, Nose, Throat Group, et al. 18CV323946 PROOF OF ELECTRONIC SERVICE PROPOSED ORDER 1. lam at least 18 years old and not a party to this action. a- My residence or business address is (specify): 26522 La ALameda, Suite 205 Mission Viejo, CA 92691 b. My electronic service address is (specify): mdeeveer@scheerlawgroup.com 2, I electronically served lhe Proposed Order (Cover Sheet) wilh a proposed order in PDF formal allached, and a proposed order in an editable word~processing formal as follows: a. On (name o{person served) (lithe person'served is an altomey. th'e party or parties repreqenlegshould also be slated): I electromcally sewed the Order Via Santa Clara Superior Court's Electromc Fllmg Syetem on the recipients designated on the transaction receipt located on the Santa Clara Superior Court's Electronic Filing Syetem website b. T0 (eleclfonic service address ofperson Served)‘ Rccipicms deslgnalcd on Ihc uansaclion rccclpt located on the Santa Clara c. On (date): December4, 2018 l I Electronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of lhe proposed order in an editable word-processing format on additional persons are described in an attachment. | declare under penalty of perlury under lhe laws of lhe State of California that (he foregoing is lrue and correct. Date: December 4, 2018 Mason Deever (TYPE OR {‘11fo NAME OF OECINMN'!) ‘ ‘T'EEtTXrI-Zfi)‘ "w” Wfii’szoseb ORDER (covs‘fifié’éfi' (Electronic Filing) EFS-mo {Rm- Frmumy L aw] pagn 2 o! 2 chinVexls® Aulomalud C‘aII/omla Judlcml Council Forms Net gollectiogs Repgfl ‘ Claim i Charges V Payments I Contracxual ‘r Wuthelds f Refunds i Wrileofis I Bélian-ce l" Insu-rance : Putiefil 1‘ Net Collection I Date; I| I I 1 I l J ’ : 5 _ _ ‘ _ Balancg [ Balange ! X I Jan 2018 5‘558100 $3,285.36 $0.00 $0.00 $0.00 51 18.00 $1 3,1 77.64 “2.75954 5388.00 21% Feb 2018 $7.1 47.00 $1.71 6.45 50.00 $0.00 $0.00 $29.00 $5,401.55 35.218455 5183.00 24% Mar 2018 $69,025.00 $1 0.26038 $0.00 $0.00 $0.00 $87.00 558,677.52 $56,982.62 $1 595.00 15% Apr 201 8 526,884.00 32.74508 $0.00 $0.00 $0.00 $0.00 524,1 37.92 $24,048,92 $89.00 10% May 201 8 $8593.00 $1.21 2.48 $0.00 $0.00 $000 $0.00 $7,480.52 $7,480.52 $0.00 14% Jun 201 8 $5,399.00 $1 1 7.70 50.00 $0.00 $0.00 $0.00 $5,281 .30 $5,281 .30 $0.00 2% Jul 2018 $46,442.00 $3,360.41 $0.00 50.00 $0.00 $0.00 543,031 .59 $40,858.59 $2,223.00 7% Aug 2018 i $94,352.00 $7,423.47 50.00 50.00 50.00 30.00 $86,928.53 $86,637.53 $291.00 5% 32p 201 8 $7,065.00 $743.80 $0.00 $0.00 50.00 $0.00 $6,321 .20 55.843420 5478.00 1 1% Oct 2018 $1 57,784.00 $1 0,741.72 $0.00 $0.00 $0.00 $0.00 S1 57,042.28 $1 55,300.28 $1 742.00 5% NOV 201 8 542.81 9.00 5882.00 $0.00 $0.00 $0.00 $0.00 541 337.00 $42,01 7.00 (380.00) 2% Dec 2018 $22,584.00 $1 .49055 $0.00 $0.00 $0.00 $0.00 $21 £93.45 $21,520.44 ($426.99) 7% Summary $51 4.775.00 343380440 $0.00 $0.00 50.00 $234.00 $470,560.50 $463,978.59 $5,582.01 1 1% EXHIBIT " ‘1' n Dec 13, 2018 1 10:10:47 AM '2- . Aging as of Date: ' z Dec 13. 201 8Go Live Date: Jan 1, 1999 Aging by: Claim Date Faclllw Name: All Insurance: All Facility Group: All Insurance Group: All Appointment Provider: All Rendering Provider: All Primary Insurance All Primary Insurance Group All Insurance Class All Department All Supervising Provider All Resource Provider All Additional Provider 1 All Additional Provider 2 All Pay To Provider All Guarantor All Patient Name: All Referring Provider: All Family Insurance Administrative $0.00 $291 .00 $0.00 $0.00 $0.00 Centered not in Concepts Inc Em emu" GmUp AETNA $463.00 $4,671 .83 $0.00 $1 .1 73.00 $852.00 Aetna GEHA $000 $133.00 $0.00 $0.00 $0.00 BCBS of $0.00 $1 33.00 $0.00 $0.00 $0.00 Alabama Blue Cross $20,438.00 $30,737.69 $1 1,872‘1 7 $1 3,1 32.54 $6,837.77 Blue Shield of $740.00 $8,736.67 $266.00 $2,603.1 7 $3,438.00 California BLUE SHIELD OF $0.00 $1,197.00 $1 33.00 $51 2.00 $1 ,590.00 CALIFORNIA FEP CA Medicare $5,957.00 $61.1 1 6.52 $2.61 6.00 $1 7,546.98 $25,585.93 Part B North 11 - PGBA CareMore $286.00 $1 207.00 $0.00 $0.00 $0.00 Medicare Replacement/ Advantage CIGNA $487.00 $2.1 1 2.55 $578.1 5 $3,339.52 $2.61 0.00 HEALTH NET CA $0.00 $964.00 $0.00 $678.00 $486.00 HEALTHSCOPE $0.00 $291 .00 $0.00 $0.00 $0.00 BENEFITS HUMANA $0.00 $380.00 $0.00 $0.00 $0.00 GROUP MEDICARE Louisiana $0,00 $0.00 $0.00 $183.00 $0.00 Healthcare Connections 11:12:39 AMDec 13. 2016 i: .9.“ Aging as of Date: Dec 13. 2018Go Live Date: jan l, 1999 Aging by: Claim Date Faclllty Name: All Insurance: Au Facility Group: All Insurance Group: All Appointment Provider. All Rendering Provider: All Primary Insurance All Primary Insurance Group All Insurance Class Au Department All Supervising Provider All Resource Provider All Additional Provider 1 All Additional Provider 2 All Pay To Provlder All Guarantor All Patient Name: All Referring Provider. All $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $501.00 $261.84 $0.00 $2,450.53 $1,044.00 $266.09 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,574.47 $894.00 $738.00 $7,189.34 $6,687.67 $4,245.99 $0.00 $0.00 $1,403.00 $1 73.23 $0.00 $4,583.49 $1 £31.99 $1 594.50 $0.00 $0.00 $1 33.00 $91 3.00 $0.00 $985.00 $261 .00 $266.00 $0.00 $0.00 $1 0,555.46 $1 ,551 .45 $2,072.00 $20,027.79 $1 4,484.33 $7,573.03 $0.00 $0400 $495.00 $0.00 $187.00 $593.00 $0.00 $0.00 $0.00 $0.00 $21 6.00 $0.00 $84.00 53,29 1 .00 $404.00 $1 396.25 $0.00 $0.00 $0.00 $0.00 $0.00 $716.00 $0.00 $88.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $93.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $40.06 $0.00 $0.00 2 11:12:39 AMDec 13. 2018 Go Live Date: Aging by- Facility Name: Faclllty Group: Appointment Provider: Primary Insurance Insurance Class Supervising Provider Additional Provider 1 Pay To Provid er Patient Name: Dec 13, 2018 -E -;I-' Jan 1, 1999 Claim Date All All All All All Al! All All All : 7 ',‘ 7‘ ‘ ,. E !:"‘L.'l'f«_l1..=‘,', *' '~.. Aging as of Date: Insurance: Insurance Group: Rendering Provider: Primary Insurance Group Department Resource Provider Additional Provider 2 Guarantor Referring Providen $291.00 $1 1,683.29 $133.00 $133.00 $1 07,347.64 $25,170.05 $5890.00 $1 69,086.49 $2,768.00 $1 4,518.47 $2,932.00 $291 .00 $473.00 $223.06 All All All All All All All All All Dec 13, 2018 11:12:39 AM Go Live Date: Aslns hm Facility Name: Faciliw Group: Appointment Provider: Primary Insurance Insurance Class Supervising Provider Additional Provider 1 Pay To Provider Jan 1, 1999 Claim Date All All All All All All All All All nr- Aging as of Date: Insurance: Insurance Group: Rendering Provider. Primary Insurance Group Department Resource Provider Additional Provider 2 Guarantor Referring Provider: All All All All All All All All All Dec 13, 2018 Dec 13. 2018 Patient Name: my“? = ‘ A w: v Family Insurance MEDI-CAL $0.00 $0.00 $0.00 $0.00 $0.00 Centered not in . Ent Group Group MedI-share $0.00 $0.00 $701 .00 $0.00 $0.00 Medical Mutual $0.00 $0.00 $0.00 $0.00 $0.00 Physicians $51 3.00 $779.00 $239.00 $0.00 $355.00 Medical Group Santa Clara $0.00 $361 .00 $0.00 $266.00 $1 33.00 Family Health Plan Transamerica $0.00 $291 .00 $0.00 $0.00 $0.00 Tricare For Life $0.00 $556.00 $0.00 $446.00 $0.00 UNITED $0.00 $246.00 $0.00 $0.00 $374.00 AGRICULTURAL BENEFIT TRUST United Health $754.00 $2,940.00 $669.00 $856.40 $9,488.60 United Health $690.00 $7.1 1 2.06 $1 570.00 $147.84 $483.00 Care USC Robert F $0.00 $0.00 $0.00 $0.00 $0.00 Kennedy medical plan Western $0.00 $1 ,01 7.00 $1 18.00 $21 6.00 $660.00 Growers Association Insurance not in Group $30,328.00 $125,273.32 $1 8,762.32 $41 ,100.45 $52,893.30 Patient Patient ($333.00) $1,742.00 $0.00 $769.00 $400.00 Patient ($333.00) $1 .742.00 $0.00 $769.00 $400.00 11:12:39 AM Go lee Date: Ash: br- Facility Name: Facility Group: Appointment Provider: Primary Insurance Insurance Class Supervising Provider Addltlonal Provider 1 Pay To Provider Patient Name: Dec 13. 201 8 Jan 1. 1999 Claim Date All All All All All All All All All Aglng as of Date: Insurance: Insurance Group: Rendering Provider: Primary Insurance Group Department Resource Provider Additional Provider 2 Guarantor Referring Provider: $133.00 $701.00 $83.43 $3,834.00 $760.00 $291.00 $1,002.00 $620.00 $20,422.84 $10,002.90 $29] .00 $2,405.00 $381,586.17 $6,756.00 $6,756.00 All All All All All All All All All Dec 13, 2018 11:12:39AM Go Live Date: Aging as of Date.Jan 1. 1999 Dec 13, 2018 Aging by: Claim Date Facility Name: All Insurance: All Faclllw Group: All Insurance Group: All Appointment Provider. All Rendering Provlder: All Primary Insurance All Primary Insurance Group All Insurance Class All Department All Supervising Provider All Resource Provider All Additional Provider 1 All Additional Provider 2 All Pay To Provider All Guarantor All Patient Name: All Referring Provider. All Saint Louise Regional Hos Op $0.00TInsurance Blue Cross $12,794.79 $3,844.00 $2,791 .00 $2,51 1.58 t. 2° m Blue Shield of $5,582.00 $0.00 $0.00 $760.00 $0.00roup . . Callfornla CA Medicare $0.00 $0.00 $0.00 $0.00 $0.00 Part B NorthJI - PGBA CIGNA $0.00 $0.00 $0.00 $0.00 $0.00 HEALTH NET CA $0.00 $0.00 $0.00 $3,856.00 52,1 76.65 Medi-share 7 $2191.00 $0.00 $0.00 $0.00 $0.00 Physicians $0.00 $0.00 $0.00 $0.00 $0.00 Medical Group United Health $0.00 $0.00 $0.00 $0.00 $3,87'L00 Western $0.00 $0.00 $0.00 $0.00 $0.00 Growers Association Insurance not in Group $8.373. 00 312,794 79 $3.844. 00 $7. 407. 00 $3 559.23 Insurance ndt'In Group nt iouise Regiqnal Hosp_lp Summary by ?ercentage Dec 13. 2018 7m '1 .__:$1279479j'17';w‘_1_s_334400 I Saint Insurance United Health Louise notin Regional Group Hosplp $0.00 11:12:39 AM Go Live Date: Aging ban Faciliw Name: Facility Group: Appointment Provider. Primary Insurance Insurance Class Supervising Provider Additional Provider 1 Pay To Provider Jan 1. 1999 Claim Date All All All All All All All All All Insurance: Insurance Group: Rendering Provider: Primary Insurance Group Department Resource Provider Additional Provider 2 Guarantor Referrin All All All All All All All All All '7 moo g .L ”$0.00 7 525,965.93 s} i ,1_32.52 Dec 13. 201 8 "*_sru'4_;_od;;. - _$17,§;1.1_5 ?' f? 1% , 77 a 7 .. $453.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,791.00 $490.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,791.00 $1,833.00 $0.00 $3,890.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,791 .00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,668.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,162.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,094.40 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $5,582.00. $1032.40 $0.00 $6,681.00 $2,668.00 $0.00 $.5:.'5.§£:90;i__,, _..__.;-:P3_.2__:%1_9 ' ' _ji;'_ szfififioii ”5.9; $0.00 $0.00 $124.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $124.00 _ 50,00 $0.00 11:12:39 AM Aslns by- Facllity Name: Facility Group: Appointment Provider: Primary Insurance Insurance Class Supervising Provider Additional Provider 1 Pay To Provider Patient Name: Dec 13. 2018 Jan 1, 1999 Claim Date All All All All All All All All All Aging as of Date: Insurance: Insurance Group: Rendering Provider. Primary Insurance Group Department Resource Provider Additional Provider 2 Guarantor $9,623.00 $8,514.00 $2,791.00 $8300.65 $2,791 .00 $3,162.00 $3,871 .00 $1,094.40 $124.00 I ‘ $31924 All All All All All All All All All Dec 13. 2018 11:12:39 AM SPENCER P. SDHEER JOSHUA L. SGHEER REILLY D. WILKINSON JONATHAN SEIGEL ALEXANDRIA G. DARRAHER TIMOTHY J. SILVERMAN MICHAEL D. IMFELD“ SCHEER LAW GROUP, LLP ATTORNEYS AT LAw RESPOND TD: NBRTHIIN GALIFHRNIA OFFICE l55 N. REDWOOD DR" STE. IDO BAN RAFAEL. CA 94903 PHONE (4 I 5) 49 l '8900 FAX I415) 491-8910 IDU‘I’HERN BALIFORNIA OFFICE "Or cooNan. BDUTHERN CALIFORNIA DFF‘IBE 25522 LA ALAMEDA, 51:. zus MISSION VIEJD. GA 9269i FHDN: (949) 263-3757 FAX (949) 269-3320 E MAI L: TBILVERMAN©BCHZIHLAWU RUUF-BUM January 4, 2019 VIA OVERNIGHT MAIL AND FAX (408-847-3609) The Family-Centered Ear, Nose, Throat Group c-’o Donald W. Bun, MD 18181 Butterfield Blvd, Ste 180 Morgan Hill, CA 95037 Re: Keypoint Credit Union v. Theflnfl-Cemered Ear Nose, Throat Groug, ct. a1. San Jose Superior Court No. l8CV323946 Dear Dr. Burt: As you know, this law firm represents KeyPoint Credit Union (“KPCU”) relative to lawsuit referenced above. On December l3, 201 8, a levy was served on your office by the Santa Clara Sheriff. While all of the business assets and equipment were taken, a dispute took place at your office regarding the accounts receivable of which KPCU was entitled to take possession. KPCU is entitled to “All accounts receivable, including books, records and data, including all electronic information". However you refused to allow KPCU to take possession of your computers and other information to allow it to collect the accounts receivable. In fact, we are aware that you and/or your office were in contact with the third party billing company during the levy to try to prevent KPCU from collecting the accounts receivable and divert collected funds. As a reminder, there is a contempt hearing against you set for January 31, 2019 at 9:00 am in Depanmem Z of the San Jose Superior Court located at 19] Nonh First Street, San Jose, CA 951 l3. You were personally sewed with this Order almost a month ago. You must genonal agnear at (Ills hearing. KPCU intends lo request that the Court hold you in contempt for your repeated failure to turnover the accounts receivable, all monies collected, all books, records and data, including all electronic information related to the accounts receivable, and all accountings for money you have collected. The punishment which the Court orders for this contempt may be severe! In addition, I understand that you had other equipment and tools at your home that were not taken at the levy. All oflhis equipment and other tools is collateral of KPCU and must be turned over to KPCU as pan of the levy. The fact that it was not at your office on December l3, 2018 is irrelevant. EXHIBIT " 6 January 4, 2019 KPCU will continue to seek any and all of its remedies until you have fully and completely complied with the Judgments and Orders previously entered by the Court and turned over all collateral to KPCU. We arc aware that you have in excess of $450,000 in accounts receivable which must be used to satisfy KPCU’s judgment against you. [f you want to discuss resolving this matter, you need to call me. Otherwise, if you continue to ignore me and KPCU, we will continue to press forward. [strongly suggest that you retain legal counsel and have your attorney contact me as soon as possible. Othenyise, I have no reason to believe that the Court will not find you in contempt at the January 31" hearing. Please call me if you have any questions or concerns. SINCE LY. sc ER '.Aw GROUP. LLP SCHEER LAW GROUP 2 Timothx Silverman From: NoReply@metrofax.com Sent: Friday, January 04, 2019 10:29 AM To: Timothy Silverman Subject: Successful transmission to 14088473609. Re: KPCU/ Donald Burt E .___,.““_.-m_-._ Hello Joshua, Your fax was successfully sent to 14088473609 by MetroFax. Fax Details Date: 2019-01-04 18:29:25 (GMT) Number of Pages: 3 Length of Transmission: 124 seconds Receiving Machine Fax ID: 180071 1 9157 If you have any questions, please visit our online helg center. Thank you for choosing MetroFax. Sincerely, The MetroFax Team Special Offer: Too busy to handle all your business calls? Let eVoice answer. manage and route your phone calls, 24/7. Try it free for one month! Home | Features | Mobile App | Support E] _____________H © 2019 j2 Global, Inc. and affiliates. AII rights reserved. MetroFax is a registered trademark 0ij Global. Inc. and affiliates. 6922 Hollywood Blvd., Los Angeles, CA 90028 This account is subject to the terms listed in the MetroFax Customer Agreement.
