DeclarationCal. Super. - 6th Dist.February 26, 2018Electronically Filed by Superior Court of CA, County of Santa Clara, on 12/3/2018 11:16 AM Reviewed By: F. Miller Case #18CV323946 Envelope: 2233015 N flomhw 10 11 12 I3 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 I'Sih crman a schccrlzm 'l‘ou ).c0m 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 l through 50, inclusive, Defendants. Case No.: 18CV323946 [DECLARATION OF TIMOTHY J. SILVERMAN IN SUPPORT 0F EX PARTE APPLICATION FOR AN ORDER TO SHOW CAUSE RE CONTEMPT [TELEPHONE APPEARANCE] Date: December 7, 2018 Time: 8:15 am. Dept: 6 Judge Theodore C. Zayner I, Timothy J. Silverman, hereby declare and say: l. I am an attorney at law duly licensed to practice law before all of the Courts 0f the State of California including this Court. I am a partner with the Scheer Law Group LLP, DECLARATION 0F TIMOTHY J. SILVERMAN [N SUPPORT OF EX PARTE APPLICATION FOR AN ORDER TO SHOW CAUSE RE CONTEMPT l 10 11 12 13 14 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 attorneys of record for the Plaintiff herein KEYPOINT CREDIT UNION ("Plaintiff' or “judgment creditor”). 2. I have personal knowledge ofthe facts set forth in this Declaration, and if called upon as a witness, would and could competently testify to the following. 3. Plaintiff and judgment creditor KEYPOINT CREDIT UNION is filing an Ex Parte Application for an Order to Show Cause re Contempt. 4. On 0r about February 26, 201 8, Plaintiff filed a Complaint in the Superior Court ofthe State 0f California, County of Santa Clara, Case No. 18CV323946 against (1) Defendant THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation and (2) Defendant DONALD W. BURT, JR., an individual. 5. On March 2, 201 8, Plaintiff filed its Ex Parte Application for a Writ of Possession along with all supponing documents. The Writ of Possession was granted and on March 2, 201 8, an Order for Writ of Possession was entered by the Court. A true and correct copy of the Order for Writ of Possession and Writ of Possession is attached hereto as Exhibit "l ", and incorporated herein by reference as though fiJlly set forth. 6. Both Defendants have actual knowledge 0f the entered Order for Writ of Possession entered against them. 0n March 8, 201 8, Plaintiff personally sewed both Defendants with the Summons and Complaint as well as the Order for Writ of Possession and Writ of Possession. A true and correct copy of the Proofs of Service is attached hereto as Exhibit "2", and incorporated herein by reference as though fully set forth. 7. Thereafier, a judgment was entered on July 16, 2018 against judgment debtors, THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation; and DONALD W. BURT, JR., an individual and in favor ofjudgment creditor. The judgment is for both money and possession of tangible personal property in which judgment creditor holds a DECLARATION OF TIMOTHY J. SILVERMAN IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER TO SHOW CAUSE RE CONTEMPT 2 \lONL/‘hb-‘N 10 ll 12 13 14 15 I6 l7 18 19 20 21 22 23 24 25 26 27 28 perfected security interest. Subsequent to the entry ofjudgment, a writ of execution for possession of personal propeny was issued. A true and correct copy of the Judgment is attached hereto as Exhibit "3", and incorporated herein by reference as though fully set forth. 8. The Judgment was specifically granted for money as well as for possession of the following personal propeny: (1) CS 9300 110V ENT- Allergy Bundle, Serial Number EFXM013 (CT Scanner) (2) Al] 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 infomation. 9. On October 1, 201 8, Plaintiffobtained a Turnover Order in Aid of Execution of Judgment, which required both Defendants to transfer possession of personal property referred to transfer and turnover to the Sheriff of Santa Clara County, California, possession of the personal property described as: (l) CS 9300 110V ENT- Allergy Bundle, Serial Number EFXM013 (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. A true and correct copy of the Tumover Order in Aid of Execution of Judgment is attached hereto as Exhibit "4", and incorporated herein by reference as though fiflly set forth. 10. Both Defendants have actual knowledge of the entered Turnover Order in Aid of Execution ofJudgment entered against them. On November 15, 2018, Plaintiff personally served both Defendants with the Turnover Order in Aid of Execution of Judgnent. A true and DECLARATION OF TIMOTHY J. SILVERMAN IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER TO SHOW CAUSE RE CONTEMPT 3 AWN \DWNQM 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 27 28 correct copy of the Proofs of Service is attached hereto as Exhibit "5", and incorporated herein by reference as though fully set forth. l l. The ( l) Turnover Order in Aid of Execution of Judgnent entered by this Court on October I, 2008 and (2) Order for Writ of Possession entered on March 2, 2018, entitle Plaintiff to possession of the personal property described as: (l) CS 9300 110V ENT- Allergy Bundle, Serial Number EFXMO] 3 (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. 12. I have sent several emails to Dr. Burt demanding that he tumover possession and control of all of the personal property described above to Plaintiff. Dr. Burt has refused to respond to my demands in any way. A true and correct copy of the emails to Dr. Burt is attached hereto as Exhibit "6", and incorporated herein by reference as though fiJlly set forth. 13. On information and belief, I declare that at the time both of the Orders were made, at the present time, and at all times in between, both Defendants have been able to comply with the Order compelling them to tender possession of the personal property which is the subject ofthis Court's Order to Plaintiff. In fact, the Defendants have moved the personal property to avoid Plaintiff from taking possession. I4. 0n information and belief, I declare that the Defendants have willfully disobeyed the (l) Turnover Order in Aid of Execution of Judgment entered by this Court on October 1, 2008 and (2) Order for Writ of Possession entered on March 2, 201 8, both of which order the Defendants to tum over possession ofthe above-described personal property to either the Sheriff of Santa Clara County, California or the Plaintiff. DECLARATION OF TIMOTHY J. SILVERMAN IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER T0 SHOW CAUSE RE CONTEMPT 4 10 11 12 l3 l4 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 15. The willfulness of the Defendant’s disobedience is evidenced by: A. Failure to pay the Judgment owing to the Plaintiff; B. Failure to respond to or turnover the collateral afier being served with the entered Order for Writ of Possession and issued Writ of Possession on March 8, 201 8; C. Failure to respond to or turnover the collateral afier being served with the entered Turnover Order in Aid of Execution of Judgment on November 15, 201 8; D. Failure to turnover possession of the collateral afler received my written demands for turnover. I6. The Plaintiff has given the Defendants ample opponunity to either voluntarily turnover possession of the personal property so that the Plaintiff or its agents can pick it up. Clearly, the Defendants view this proceeding as a "cat and mouse game". Although they refuse to pay for the personal propeny, the Defendants also refuse to turn it over. I7. Plaintiff has incurred attomey’s fees in the amount of $1 ,I40.00 in making and appearing at the hearing on the instant motion. I anticipate spending 4.0 hours at my normal hourly rate of $285/hour. 18. As a result, Plaintiff, through its counsel, respectfully requests that this Court should issue an Order to Show Cause re Contempt whereby the Defendant shall be required to appear in Court and show cause, if any they have, why they should not be held in contempt of the Orders of this Court attached hereto as Exhibits "l " and “4". 20. On December 3, 201 8, I sent the Defendants an email infomling them of my intent to appear ex parte on Friday December 7, 201 8 at 8: 1 5 a.m., in Department 6 of the above- referenced court, to have the Court issue an Order to Show Cause re Contempt to explain why they should not be held in contempt of the Orders of this Court. I instructed them to appear at this date and time if they had a response to present to.the Court. A true and correct copy of the DECLARATION OF TIMOTHY J. SILVERMAN IN SUPPORT OF EX PARTE APPLICATION FOR AN ORDER TO SHOW CAUSE RE CONTEMPT 5 UI-b-DJN \OOOVGN 10 ll 12 l3 14 15 16 l7 18 l9 20 21 22 23 24 25 26 27 28 email to the Defendants is attached hereto as Exhibit "7", and incorporated herein by reference as though fully set forth. 2 l. On December 3, 2018, I sent the Defendants a letter by overnight delivery informing them of my intent to appear ex parts on Friday December 7, 201 8 at 8: l 5 a.m., in Department 6 of the above-referenced court, to have the Court issue an Order to Show Cause re Contempt to explain why they should not be held in contempt of the Orders of this Court. I instructed them to appear at this date and time if they had a response to present to the Court. A true and correct copy of the letter to the Defendants is attached hereto as Exhibit "8", and incorporated herein by reference as though fully set forth. If called as a witness, I could and would testify competently to all the foregoing. I declare under penalty of perjury under the laws ofthe State ofCalifomia that the foregoing is true and correct. Executed this 3rd day of December, 20 l 8, at Mission Viejo, California. . am imothy J. Silvennan DECLARATION OF TIMOTHY J, SILVERMAN IN SUPPORT 0F EX PARTE APPLICATION FOR AN ORDER TO SHOW CAUSE RE CONTEMPT 6 Anomav on PARTY wrmour ATTORNEY Minn, Sm: Barnumbar, madam); FOR COURT USE ONLY __TIMOTHY J. SILVE 145264 SCI-EBR LAW GROUP, LLP 26522 LA ALMDA SUITE 205 ENDORSED _ mamgfiasszszgvg mmg49.209.3320 j éswuuomsss (0mm: TSEVERMAN@SCI‘EERLAWGROUP.COM -- ‘- Anonnsvson (Nam): PLAWTEF, KEWOINT CREDIT UNION M AR - 2 2018supsmon couar or cALIFonmA. couun' 0F SANTA CLARA _ - smasnoonass; 191 NORTH FIRST STREET Clerk Of the Court wuuumnmess: 191 NORTH FIRST STREET Supodol court oi CA Counly o! Santa 013mb mmnam; SAN JOSE, CA 951 13 Wm?” BRANCH. NAME: DOWNTOWN COURTHOUSE PLAINHFF; KEYPOINT CREDIT UNION DEFENDANT: THE FAMILY-CENTERBD EAR, NOSE, THROAT eta] - ORDER FOR WRIT 0F Possessmn CASE "WK H D AFTER HEARING E EX PART: 180V323946 AFTER HEARING 1 E The application of ths plalntiff' for a writ of possession was heard as follows (check boxes in 1c and 1d fa indicate personal pmsenca at the hearing): a. Judicial Officer (name): b. Hearing date: Time: E Dept: . E Rm: c. a Plaintifimame): a Afiomay (name).- d. D Defendantmame) D Attorney (name): EX PARTE 2. The application of the plaintlff for an ex parts writ of possession has been considered by the ooun. 34 The court finds: ' a. m Defendant has been properly sewed as required by Code of Civul Procedure section 512030. (Do not chock Uzis ifam iflhe appkaafion [s ex parts.) b. Plaintm E has _has not filed an undertaking as required by Code ofClvli Procedure section 515.010 c. Plaintiff has establbhed the probable val'da'ty of 1he plaintiffs claim to possession of the follawing property (specfiy): (1) CS 9300 110V ENT- Allergy Bundle, Serial Number EFXM013 (CT Scanner) ' (2) All inventory, equipment, furniture, fixmres, computers, printers, tools, parts, and supplies, including attachment, accessions, accessories and fittings. (3) A11 accounts receivable, including books, records and data, including all electronic information E Contfnued on Altadmant 3c. d. Them Is probable muse to believe lhi's property or some part of ‘rt is Iocabd at one or mare ofthe following private places (specim: 9360 NO NAME UNO AVENUE, SUITE 120 ‘ GILROY, CA 95020 ' m Continued 0-1 Attachment 3d. '"Plalnfilf' Includes cross-oomplalnanl. and ”defended!" includes cms'sdafendant. " a'mmlfly Plc- 1 of 1 a U > ' .' ; ._Efifififi 1 m," ORDER FOR WRIT OF POSSESSION figmfigfifimfifloI I > m I (Glalm and Delivery) www.gov _ EXHIBIT" ‘ " _ CD-1 2G PLAINTIFF: KEYPOH‘IT CREDIT UNION use Numaan: DEFENDANT: THE FAMILY-CENTERED EAR, NOSE, THROAT em 18CV323945 :- ADDITIONAL FINDINGS FOR EX PARTE ISSUANCE OF WRXT 0F POSSESSION ' 4. The couh also finds: , : a. E Defendant gained possession of the property described In item 3c. which was not entmatad to the defendant, by feloniously mking such property from the plaintiff by means other flwan by false or fraudulent representation. pretense. or embeulement b. D The property is a credit card. c. Defendant acquired passession ofthia property in the ordinary course of Ihe defendant‘s trade or business for commercial purposes. and (1) the property is not necessary for the support of the defendant orthe defendant's hmily; (2) there ls an immediate danger that the property wlll become unavailable to levy by reason of being transfen'ad. concealed or removed from the state. or will become substantially impaired in value by ach of datrucfion. or by faifure to hke wra of the property in a reasonable manner, and (3) me ex parts issuance ofa writ of possession is necessary to protect the property d‘ Tom! number of boxes phecked in uem 4: 1 _ ORDERS 5. IT ls ORDERED a. The clerk of this court is directed to issue a wn't of possession as provided in Code of Ciw'l Procedure section 512.020. dimcling the sheriff or marshal within whose jurisdiction the property described in item 3c. or some part of It. is located. to seize such properly and retaln custody of it as provided In Code of Civil Procedure secfions 514.01 0414.050. b. m The qlerk is directed lo issue the writ of possession immediately. c. D The clerk is directed to issue the writ of possession upon me plainfiffs filling of a written undertaking, as requlred by Code of Civil Procedure secfion 515.010, in the amount 0t S d. Tho wriflen undertaking required by the defendant for redelivery or b stay delivery Is In the amount of: S The clerk of this court is directed to aflach a copy 'of this order and a copy of the plaintiffs undertaking to the writ of possession. The sheriff or matshaJ may enter the following private place(s) to mks possession of the property or some part of it 9360 NO NAME UNO AVENUE, SUITE 120 GILROY, CA 95020 HO D Continued on Attachment 5f. 9- Defendant (name): THE FAMILY-CENTERED EAR, NOSE, TPROAT GROUP is ordered to transfer possession of the property described in item Sc to the plaintiff. (Code Civ. Pram, § 512.070.) NOTICE TO DEFENDANT: Fallura to comply with an order of tho noun to turn over possesslon orsuch property to tho plafnflfi may subject you Io being held In contempt of court. 6- Number of pages attached: Theodore C. Zayner Dated: ”AR " 2 2018 yum.“ omen)D ngnalure follows last amchment “Hm"- J-M ‘M'I ORDER FOR WRIT 0F POSSESSION "9”“ (Cialm and Delivery) CD-13E MTOW OR PARTY WTNOUT AfiOfiNfl (Nlml. m BIIIMIINL and mull: FOR COURT USE OM! _TIMOTHY J. SILVERMAN 145264 SCHEER LAW GROUP, LLP 26522 LA ALAMDA, SUITE 205 MIS SION VEJO, CA 92691 mvuowENO: 949-263-8757 mmama.- 949-209-3320 E-MAlLAnnnEss pm: TSILVERMAN@SCHEERLAWGROUP.COMmow FOR Mn).- PLAINTEF. KEYPOINT CREDIT UNION SUPERIOR count 0F cmronum, counw or SANTA CLARA smearmss. 191 NORTH FEST STREETmuem 191 NORTH PEST STREET crnrmoapwoe SAN JOSE, CA 951 13 _mm um: DOWNTOWN COURTHOUSE PLAINTIFF: KEYPOM CREDIT UNION DEFENDANT: TIE FAMILY-CENTERED EAR1 NOSE, TI-ROAT eta] 05E NUMBER: WRIT 0F POSSESSION D AFTER HEARING EX PARTE 180323946 To THE SHERIFF 0R ANY MARSHAL 0F THE couww 0F SANTA CLARA You ARE DIRECIED: A 1. To levy upon and retain in your custody, until released or sold (Code Civ. Prue. § 514.030). the following pmperty or any part of it (spécifyr (l) CS 9300 110V ENT- Allergy Bundle, Serial Number EFXMOB (CT Scanner) (2) All inventory, equipment, fin'm'ture, fixtures, computers, printers, tools, pans, and supplies, including attachment, accessions, accessories and fittings. (3) Al] accounts receivable, including books, [eoords and data, including all electronic information 2 To enter the following private place or places to take possession of me above-descn'bed property or some part of it (special exactlocations): ' . 9360 NO NAME UNO AVENUE, SUITE 120 GEROY, CA 95020 ’ 3. To return thls writ and the oem‘fimte of your proceedings within 30 days afler levy and service, but in no Hater than 60 days after Issuance of this writ. R. Dated; "AR _ 2 2018 Clerk,by NOTICE TO DEFENDANT: The plaintiff has filed with the court a wn'nan underlala'ng. a copy ofwhlch ls auached. You have the righuo object lo me plainfitfs undertaking on a grbund specified in Code of Civil Procedure secfion 995.920 and In the manner provided in Code of Civil Procedure section 515.030 ortoobtaln redelivery ofthe property by filing a written undertaking of your own. in an amount equal to the plaintiffs undertaking or as dammlnad by the court under Coda of Civii Procedure sections 515.010 and 515.020. You also have other rights under Code of Civil Prowdure secfions 512,020-512120. If your property has been taken under an ax part9 writ of possession. you may apply under Code of Civil Pmoeduta secfian 512.020(b) for an order that me writ be quashed. any property levied on be IeIeased. and for other reliefs: provided in that section. including an award of damages for any loss sustained by you as a proximate mun of the levy. Pun: 1 n1 I mimmfiflm“ WRIT 0F POSSESSION ”mm-m‘mmfl“33 co-aao Inmmt. m1 - (claim and Delivery) l! TIMOTHY J. SILVERMAN, ESQ. SCHEER LAW GROUP, LLP (5584) 26522 LA ALAMEDA. SUITE 205 MISSION VIEJO. CA 92691 949-263-8757 Attorneyfor: KEYPOINT CU Atty. File No; KP.100-027S SUPERIOR COURT OF CA.. COUNTY OF SANTA CLARA SANTA CLARA PLAINTIFF : KEYPOINT CU Case No, : 160V823946DEFENDANT : FAMILY CENTER & DONALD BURT PROOF OF SERVICE OF SUMMONS 1. AI the tlme of service lwas at least 18 years of age and not a party to this action. 2. [served copies of the SUMMONS;CIVIL CASE COVER SHEET;COMPLAINT; NOTICE OF CASE MANAGEMENT STATEMENT; ORDER FOR WRIT OF POSSESSION; WRIT OF POSSESSION; 8. a. Party Served : DONALD W.BURT.JR..ANINDNIDUAL b. Person Served: Partylnllem 3a 4. Address where the party was served: 9360 NO NAME UNO AVENUE STE 120 GILROY, CA 95020 (Business) 5. Jserved the party a by personal ssrvlce. fpersonafly delivered the documenls listed ln Item 2 to thé party or person authenzed to rooelve service of process for the party (1) on March B, 201 8 (2) at: 12:07 PM 6. Thu “Notice to the person served' (on the summons) was comp eted as folfowx a. as an Indh/Idual defenda-n. 7 Person who served papers a. MARK HEWSON d. Fee For Servlce : $ 35.25 b. KNOX ATTORNEY SERVICE e. I am 18301 VON KARMAN AVEN-JE SUITE 120 (3) a registered Camomla process sewer IRVINE. CA 92612 (l) an Independentoomractor o. 714-479-1650 (u) Reqshaegm No.: $010 (Ill) County: Mmowfl u cw V 8. l declare under penalty of perjury under the .‘aws of the Slate ct California that the foregoing ls true and correct. Date: March 9. 2018 SignaturerW/I’ MARK HEWSON Jud. Gum. 1mm, nm- aaw pnoop 0F SERVICE Ref. NoA: 2538049-02.Jc Faun Pcs mo (nav. Ju-y 1,2004) EXHIBIT " q, Electronically filed by Superior Court of CA, TIMOTHY J. SILVERMAN. Eso. County of Santa Clara,SCHEER LAW GROUP, LLP (5584) on 3/20/2018 5:15 PM25522 LA ALAMEDA. SUITE 205 Reviewed BwK RossMISSION VIEJo. CA 92691 949.263.8757 case #1 80V323946 Anomeyror; KEYPOINT cu Env #1330899Atty. Flue No.: KP.1oo.027s SUPERIOR COURT 0F (3A., COUNTY 0F SANTA CLARA SANTA CLARA PLAINTIFF : KEYPOINTOU Case No. : 1ac-va23946DEFENDANT : FAMILY CENTER a. DONALD BURT PROOF 0F sEnch 0F SUMMONS 1. At the time of sorvlce l was at least 18 years of age and not a party lo ths action. 2. I served copies of the SUMMONS:CIV|L CASE COVER SHEET;COMPLAINT; NOTICE OF CASEMANAGEMENT STATEMENT; ORDER FOR WRIT 0F POSSESSION; WRIT OFPOSSESSION; 3. a. Patty Served : THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, A MEDICAL CORPORATIONb. Person Served : DONALD W BURT JR. {AUTHORIZED AGENT (ClM/GOS/S‘B/QSO/BLUE) 4. Address where the party was sewed: 9360 NO NAME UNO AVENUE STE 12G GILROY, CA 95020 (Buslness) 5. l served the party a. by personal sewlce. l personally dellvered the documents Hated [n Item 2 to the party or person authorized toreceive service olprocess torthe parly (1) on March 8, 2018 (2) at: 12:07 FM 6. "he "Not'cu to the person served" (on the summons) was oon'pieled as follows: c. or: behalf 01: THE FAMILY-CENTERED EAR. NOSE. THROAT GROUP. A MEDICAL CORPORATIONunder [xxj COP 416 '- 0 (ocrporallonh 7. Person who served papers a. MARK HEWSON d. Fee For Service : $ 70.50b. KNOX AT1’ORNEY SERVICE e. l am 18301 VO\I KARMAN AVENUE SUITE 120 (3) a registered Califomla process serverIRVINE, CA 92612 (i) an Independent contractor c. 714-4794 650 (n) Regrslratlon No.: PS c920 (m) County: .Mowro,‘ hwy 3. I declare finder penalty of perlury under the laws of the State of Californla lh Uh oregozng ls true and correct. Date: March 9, 2018 Slgnature; MARKW Jud. 0mm- !om mfe 952-9 . PROOF OF SERVICE . Ref. No.: 2588049-01Jc Form Pos ow (Rev. July 1.2004; EXHIBIT " f2" \OWNQ 10 ll 13 14 15 16 17 l8 l9 20 21 22 23 24 25 26 27 28 SPENCER P. SCHEER (SBN 107750) Filed TIMOTHYJ.SILVERMAN(SBN145264) Jul 16 2018JONATHAN SEIGEL(SBN 168224) y ' SCHEER LAW GROUP, LLP Clerk 9f the Court 26522 LA ALAMEDA, SUITE 205 Superior Court of CA Mission Viejo, CA 92691 County of Santa Clara Telephone: (949) 263-8757 Facsimile: (949) 209-3320 1889V323946 TSilvcmanQDscheerlawgrouncom y' klev Attorneys for Plaintiff KEYPOINT CREDIT UNION SUPERIOR COURT OF THE STATE 0F CALIFORNIA FOR THE COUNTY 0F SANTA CLARA, DOWNTOWN COURTHOUSE KEYPOINT CREDIT UNION, Case No.: 18CV323946 Plaintiff, JUDGMENT AFTER STIPULATION VS. THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation; DONALD W. BURT, JR., an individual; and DOES 1 through 50, inclusive, Defendants. Upon consideration of the Stipuiation for Entry of Judgment filed with the Court of May 30, 2018 and the Order Approving Stipulation for Entry of Judgment entered on June 4, 2018, and with GOOD CAUSE appearing therefor, /// /// JUDGMENT l EXHlBIT "g 'v “\IOM-wa W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY ORDERED AND ADJUDGED that: - against the Defendants THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation and DONALD W. BURT, JR., an individual, jointly and severally, in the following amounts: Principal Balance Interest (to 6/20/18) Late Fees Attorney’s Fees (to 6/20/18) Costs TOTAL against the Defendants THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation and DONALD W. BURT, JR., an individual, jointly and severally, for possession of personal property described as a. CS 9300 l 10V ENT- Allergy Bundle, Serial Number EFXM013 (CT Scanner) b. All inventory, equipment, furniture, fixtures, computers, printers, tools, parts, and . Judgment shall be entered in favor of Plaintiff, KEYPOINT CREDIT UNION and $329,5 l 3.30 $1 9,086.91 $3,199.66 $9,636.78 $937.25 $362,373.90 . Judgment shall also be entered in favor of Plaintiff, KEYPOINT CREDIT UNION and supplies, including attachment, accessions, accessories and fittings. c. All accounts receivable, including books, records and data, including all electronic infonnatiou JUDGMENT 2 3. Date: In accordance with the terms and conditions of the Stipulation for Entry of Judgment at 117, Defendants THE FAMILY-CENTERBD EAR, NOSE, THROAT GROUP, a Medical Corporation and DONALD W. BURT, JR., an individual, jointly and severally, shall: a. Immediately surrender to Plaintiffor its authon'zed agent possession of all Defendants’ business assets, including but not limited to the CT Scanner, all other tools, and fumiture fixtures and equipment. b. Immediately surrender to Plaintiff all books and records and electronic data/computers related to the accounts receivable of Defendants to prove the existence of the amount due, underlying documentation, and collection of the debt. c. Tumover to Plaintiff all funds constituting collected accounts receivable as well as all filture funds which may be collected by the Defendants for accounts receivable. 4 JUDGE 0F THE‘SUI‘ERIOR COURT Signed: 7l|2l2018 02‘53 PM JUDGMENT Dmfiamwar-A NMNNNNNNNHHHn-y-y-p-u-np-H WQmMAMNFOOWVO\MhWN-to 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 TSilvem1a11@scheerlawgroup.com Attorneys for Plaintiff KEYPOINT CREDIT UNION FHLE OCT 12018 Cler ofthe Court Byswevlor c « ~ ‘ County o! Sama Glare - DE ”UTY : ‘i ,2 I SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY 0F 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 OF XECUTION 0F JUDGMENT Date: (No Hearing required) Time: Dept: Judge Theodore C. Zayner The Court having considered the ex parte application of Plaintiff and judgment creditor KEYPOINT CREDIT UNION ("Plaintiff" Or “judgment creditor”) for a Turnover Order in Aid of Execution of Judgment, the memorandum of points and authorities in support thereof and the accompanying declaration, and finding that a writ of execution has been issued and there is a need for this order, for good cause, hereby: TURNOVER ORDER l'N' AID 0F EXECUTION OF JUDGMENT 1 £3. By Fax EXHIBIT‘] \f " wwflGMAWN- NNNNNNNNHH-w-np-np-‘Hp-ap-n gumUI-hWN-‘OWOOQOHMAWNHO IT IS HEREBY ORDERED ADJUDICATED AND DECREBD that: I 1. Judgment debtors THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Comoration; and DONALD W. BURT, JR., an individual, shall transfer and turnover to the levying'officer, Sheriff of Santa Clara County, Califomia, possession of the personal property 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. (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 turnover 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 0F SANTA CLARA COUNTY, CALIFORNIA, TO ARREST AND PUNISHMENT FOR CONTEMPT OF COURT. Dated: \O\\\\% Judge of the S perior C urt TURNOVER ORDER IN AID 0F EXECUTION OF JUDGMENT 2 TIMOTHY J. SILVERMAN, ESQ. SCHEER LAW GROUP, LLP (5584) 26522 LA ALAMEDA, SUITE 205 MISSION VIEJO, CA 92691 94912638757 Attorney for: KEYPOINT CREDIT UNION Atty. File No.: KPH 00-0273 SUPERIOR COURT OF CA. COUNTY OF SANTA CLARA SANTA CLARA PLAINTIFF : KEYPOINT GREDH‘ UNION Case No. : 180V323946 DEFENDANT : THE FAMILY-‘CENTERED EM, NOSE . THROAT PROOF OF SERVICE 1. Al thé tlme of service I was at least 18 y'eafs of age-an'd nut e. party ta lhls a'cllon. 2. I served oepias of the TURNOVER ORDER IN AID OF EXECUTION OF JUDGMENT; 3. a. FartyServed : DONALDW.EURT.,JR..ANINDIVIDUAL b. Person Served: Partylnllem 33 4. Address where th'e party was serv'od: 9360 NO NAME UNO AVENUE STE 120 GILROY. GA, 95020 (BusineSs) 5. | served the party a. by personal service. 1 personally dellvered the documents Ilet‘ed _l_r1 Item 2 lo the party or person authorized lo recelva service oiproaessforthe'pany (I) on‘ Ndve‘mbe‘r 15, 2018 (2) a1: 02:1SPM 6. WII-nass tees Were not demanded and Were net pald. 7: Person who served papers a. PAUL NORMAN d. Fee ForServIce: $316.50 b. KNOX ATI'ORNEY SERVIGE e. lam 1522 BRO'OKHOLLOW DRIVE SUITE 3 (3) a regtstered Callfornla process sewer SANTA ANA. CA 92705 (l) an Independent centraolor c. 714-4794 650 (n) Registrauon No.: “2676 :(III) County: Orange 8, Ideclare under penalty o! peqlury under the laws of the State of California that 7 e'l reg Ing I's true and correct. Date: November 19, 20‘1'8 Signature. \PKUL NORMAN MW": Wm" "'18 9'“ PROOF 0F sE'HVr'cE' Ref. No. : 254574601 :IG. Fotr'n P08 (I10 (Rev. July 1.2004) EXHIBIT "g" TlMOTHY‘iL SJLVEHMAN. ESQ. SCHEER LAW GROUP. LLP (5584) 26522 LAALAMEDA, SUITE 205 MISSION VIEJO. CA' 9269*. 949-263-8757 Attorney for: KEYPOINT CREDIT UNION Atty. Ftle No.: KP.1 000278 SUPERIOR COURT OF CA4 COUNTY OF SANTA CLARA SANTACLARA PLAINTIFF 2 KEYPOINT CREDIT UNION Cas‘e No. 1 180V325946 DEFENDANT : THE FAMILY-OENTEHED EAR, NOSE .THROAT- PROOF OF SERVICE 1. 2. Date‘: Novembo'r 19. 201B At the (Ime of'servloe l was-at beast 18 years of age and hot a parry to th‘s abtlo'h. | sewed boples 6f the TURNOVEH ORDER IN AID 0F EXECUTION OF JUDGMENT; a. Parly Served : THE FAMILY-GENTERED EAR. NOSE. THROAT GROUP, A MEDICAL CORPORATION b. Persan Sewed : DONALD W BURT, JRJAUTHOREZED TO ACCEPT (C/MIGOS/DARK HAIHIBHOWN/ZOOJ Address Where lh'é parlY Was sewed: 9360 NO NAME UNO AVENUE STE 120 GELRQY, GA 95020 (Business) l served the party a. 5y personal ésr'vlcq. lpersonally' dsllve're'd the documents listed 1n Item 2 lo the party or person aulhorked to recelve; sar‘vlce of'procéssforthe parly (1) on November 15. 2018 {2) at: 02:15 PM 'wrtness fees w‘ere n'o; demandnd and were riot 'pald. Person wh'o served pipers u. PAUL NORMAN d. Fe‘e For servlce : $ 105.75 b, KNOX, ATTORNEY SERVICE é. | am 1 522 BROOKHOLLOW DRIVE SU. ITE 3 (3} a registered Callflornlalproces$ server SANTA ANA, CA 92705” (l) an hdependqnt contraelor c. 714-47931 650 (Ij) Reglstratlon No.: 2676 (Hi) county: Orange I declare under penalty of perjury under the laws oi the Staten! California [hal lhe f0 "0an ls [rue d correct. M °°"“- '°'Mv'"1°°°2'° PROOF o‘F sEnwc‘E Hen. No.: 2545mm JG Faim P08 OIO gfl‘w. Jul'y 1. 2004) Timothz Silverman From: Timothy Silverman Sent: Tuesday. November 20, 2018 8:56 AM To: drburtent@gmail.com Cc: Mason Deever Subject: FW: Keypoint Credit Union/ FCENT‘ (PLEASE READ: URGENT AND IMPORTANT) Attachments: Turnover Order Docs-conformed.pdf; Judgment-conformed.pdf Dr. Burt On Thursday November 15, 2018, you were personally sewed with the attached Turnover Order. While I understand that you do not have the CT Scanner, you have possession of all of the other tools, equipment and other business assets which constitute Keypoint’s collateral. You also have possession of the account receivable including money and all books and records and other items referencing the accounts receivable. YOU MUST TURNOVER AND SURRENDER THESE ITEMS IMMEDIATELY. Unless you make arrangements with me to turnover and surrender all of Keypoint’s collateral, I will appear ex parte on Monday to set a date with the Court for you to explain to the Coun why you should not bc held in contempt for violating the attached Court order. By failing to comply with the Court order, you are in clear violation. There are very harsh remedies available to the Court if you found in contempt including monetary penalties and even an arrest warrant. It should be clear to you at this point that Keypoint intends to continue forward until it has possession of all of its collateral. Before some irreversible happens, I suggest that you tumover everything voluntarily now. THIS IS MY LAST ATTEMPT TO REACH OUT TO YOU. MY NEXT CONTACT WILL BE TO LET YOU KNOW WHEN THE CONTEMPT HEARING WILL BE SCHEDULED. 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: tsilvermanQscheerlawgroug.com www.scheerlawgroug.com ATTORNEY/CLIENT PRIVILEGED CONFIDENTIAL MATERIAL Not intended as a substitute for a writing. Notwithstanding the Uniform Electronic Transactions Act or the applicabihty of any other Iaw of similar substance or effect, absent an express statement t0 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, 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 " " From: Timothy Silverman Sent: Monday, November 12, 2018 5:24 PM To: drburtent@gmail.com Subject: Keypoint Credit Union/ FCENT‘ (PLEASE READ: URGENT AND IMPORTANT) Dr. Bun THIS IS AN IMPORTANT AND URGENT EMAIL. IF YOU FAIL T0 READ THIS EMAIL AND COMPLY WITH MY DEMANDS, YOU DO SO AT YOUR OWN RISK. As you may recall, [represent Keypoint Credit Union. A judgment was entered against you on 7f16.-"2018 for $362,373.90, plus possession of all of Keypoint’s collateral set forth in the judgment. A copy is attached. Attached is also a Tumover Order entered by the Coun on 10H ."201 8. It sgecifically orders you to turnover to KPCU the CT Scanner, all of the tools and other eguigment, and all of the accounts receivable and related documentation. You have an unequivocal duty and responsibility to turnover these items representing Keypoint’s collateral now. If you fail to turnover these items immediately, l will go back to Court and represent to the Court that you refuse to turnover these items and immediately move to have you held in contempt. It is very possible that as pan of this process, if you fail to tumover the items, you will be held in contempt and possibly arrest as one of the possible remedies available to the Court. The time for resolving matters with Keypoint is over. You need to comply with this Order. We are continuing to proceed forward as we speak and will have you held in contempt for failure to do so. If you are held in contempt, we will simply allow the chips to fall where they may and allow the Court to issue whatever remedy it feels is appropriate for your failure to comply with a Coun order and surrender all of these items. Keypoint has lost all patience and will do what it needs to in order t0 take possession of all of its collateral. In addition, you need to turnover ail accounts receivable including money in your possession as well as all documents and information to allow Keypoint to collect the rest. Be advised that we have been attempting to collect the accounts for over 6 months but you have been taking the money and spending it. When you do re-file a new Chapter 7 bankruptcy case to discharge Keypoim’s debt, we will file a bankruptcy complaint against you to seek disgorgement of all accounts which you have collected and converted to your own use instead of paying Keypoint 0r setting it aside for Keypoint. Your use of the accounts receivavble have been in bad faith I need to hear from you as soon as possible. Timothy 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@scheerlawgroug.corr www.scheerlawgroug‘com A'lTORNEY/CLIENT PREVILEGED 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 2 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, you 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-mair. Timothz Silverman From: Timothy Silverman Sent: Monday, December 03, 2018 9:49 AM To: drburtent@gmail.com Subject: Keypoint Credit Union/ FCENT -- URGENT AND IMPORTANT Attachments: Turnover Order-conformed.pdf; WOP Order (ex parte) entered 3.2.18.pdf 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 951 l3, 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: (l) 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. Siiverman 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: tsiIverman@scheerlawgrouEcom www.scheerlawgrou2.com ATTORNEY/CLIENT PRIVILEGED CONFIDENTIAL MATERIAL Not intended as a substitute for a writing. Notwithstanding the Uniform Electronic Transactions Act or the applicability 0f 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/cllent and or work product privilege and is confidentiaf information intended only for the use 0f 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 of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by return e-mail. EXHIBIT "7 " a Cmfimm 10 11 12 13 14 15 16 17 18 l9 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@scheerlawgroup.com Attorneys for Plaintiff KEYPOINT CREDIT UNION ELE OCT 1 2018 Cler of the o Bysuparior C- . b ‘ Countgt Sling Ham DE UTY 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 l through 50, inclusive, Defendants. base No.: 1801323946 TURNOVER ORDER IN AID 0F PEXECUTION 0F JUDGMENT Date: (No Hearing required) Time: Dept: Judge Theodore C. Zayner The Court having considered the ex parte application of Plaintiff and judgment creditor KEYPOINT CREDIT UNION ("Plaintiff‘ or “judgment creditor”) for a Turnover Order in Aid of Execution of Judgment, the memorandum of points and authorities in support thereof and the accompanying declaration, and finding that a writ of execution has been issued and there is a need for this order, for good cause, hereby: TURNOVER ORDER IN AID OF EXECUTION OF JUDGMENT 1 By Fax. \OOOQGMAwN 10 ll l2 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 IT IS HEREBY ORDERED ADJUDICATED AND DECRBBD that: l. Judgment debtors THE FAMILY-CENTERED 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 propeny described as: (1) CS 9300 110V ENT- Allergy Bundle, Serial Number EFXM013 (CT Scanner) (2) A11 inventory, equipment, furniture, fixtures, computers, printers, tools, parts, and supplies, including attachment, accessions, accessories and fittings. (3) A11 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 LEVYl'NG 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 of the S perior C urt TURNOVER ORDER l'N AID OF EXECUTION OF JUDGMENT 2 AFTER HEARING OD-izg ATTOREYOR PARTY WITHOUT AYTDRNEY Um, Stlbfllrflumbll, Imam: FOR MWEONLY_T1MO'IHY J. SILVE 145264 ;SCPEER LAW GROUP, LLP _26522 LA ALAMEDA, SUITE 205 ENDORSED _'.MISSION VTEJO C 92 I .«ammo; 94936339557 mmmm949-2o9-3320 j . L é :-E-MLAomess madman: TSEVERMAN@SCHEERLAWGROUP.COM --'~ nmanev Fonrmme): PLADJTIFF, KEYPOINT CREDIT UNION M AR - 2 2018summon coum’ 0F CALIFORNIA, counrv 0F SANTA CLARA smeennmess; 191 NORTH FIRST STREET Clerk of the Courtmum mums: 191 NORTH FIRST STREET supmor ooun a CA County a! Santa emucmmmone: SAN JOSE, CA 951 13 WIMP“ amen mus: DOWNTOWN COURTHOUSE FLAmnFF: KEYPOI'NT CREDIT UNION DEFENDANT: THE FAMILY-CENTERED EAR, NOSE, THROAT eta] ORDER FOR WRIT 0F POSSESSION “SE "WEE“ [j AFTER HEARING E ex PARTE 18CV323945 fig 1. E The application of the plalnfiff' for a writ of possession was heard as forr'ows (check boxes in 1c end 1d Io indicate personal presence at the haan'ng): Judicial Officer (name):9" b. Hearingdale. Time: E Dept: D Rm: -c. E Plaintifi (name): E Attorney (name): d. D Defendant (name) E Attomey (name): EX PARTE 2 The application of the plaintiff for an ex parts writ of possession has been considered by the courL 3. The court finds: a. m Defendant has bean properly served as required by Code of Civil Procedure section 512.030. (Do not check this item ifme application is ex part9.) b. Plalntifi D has _has not filed an underlarung as required by Code ofCivll Procedure section 515.010 c. Plaintifl has established the probabre validity of me plainuffs claim to possession o! the following property (special).- (l) CS 9300 110V ENT- Allergy Bundle, Serial Number EFXM013 (CT Scanner) ' (2) All inventory, equipment, furniture, fixtures, computers, printers, attachment, accessions, accessories and fittings. touls, parts, and supplies, including (3) A11 accounts receivable, including‘books, records and data, including all electronic information E Continued on Attachment 3c. d. There is probable muse to believe tms property or some part of it is iocated at one or mare ofthe following private pfaces (SPOOI'M' 9360 NO NAME UNO AVENUE, SUITE 120 GILROY, CA 95020 E Continued on Attachment 3d. '“Ptalnfifr‘ Includes crnss-w'rlplalnanl. and “defendant" Includes ams-dafandant. Pug. 1 allmmmmmmmu" Cocoon Prue. 511m; sum ._Jamalmum ORDER FOR WRIT OF POSSESSION mom; mmfiuum momC0120 [Rom JmuIy 1.m mmmmv(Glalm and Delivery) CD420 PLAINUFF: KEYPOINT CREDIT UNION use NUMBER: ospeunm; THE PAMLY-CENTERED EAR, NOSE, THROAT em ”CV323946 '- ADDITIONAI. FINDINGS FOR EX PARTE ISSUANCE OF WRIT 0F POSSESSION ' 4. Tho sou}! also finds: . a. D Defendant gained possession of the property described In item 3c, which was not entrusted to the defendant. by feloniously mking such property from the plaintiff by means other than by false or fraudulent representation. pratsnsa. or embezzlement b. D The property is a credit card c. Defendant acquired possession of this property in the otdinary course of me defendant‘s trade or business for commercial purposes, and (1) the property is not necessary fur the support of the defendant or the defendant’s family; (2) there ls an immediate danger that the property will become unavailable to levy by reason of being transfen'ed. concealed or removed from the state. or will become substantially impaired in value by 3cm of destruction, or by faflure to mks care ofthe property in a reasonable manner; and (3) the ex parts issuance ofa writ of possession ls necessary to protsd he pmperty. d. Tomi number of boxes checked in Item 4: l _ ORDERS 5. IT IS ORDERED a. The clerk of this court is directed lo issue a writ of possession as provlded in Code of Civil Procedure section 512.020, directing the sheriff or marshal within whose jurisdiction the property described in imm ac. or some pan of ft. is located. lo seize such property and retaln custody of it as provided In Code of Civil Procedure secfions 514.010-514050. b. The qletk is directed to isaue the writ of possession immediately. c. D The clerk is directed to issue the writ of possession upon the plainb'ffs filling of a wn'tten undenaking. as reqmred byCode ofCI'vil Procedure section 515.010. in the amount of: 5 d. The wriflen undertaking required by (ha defendant for redelivery or to stay delivery ls En the amountof’ s The clerk of this court is directed to aflach a copy bf this order and a copy of the plaintiffs undenaking to the writ of possession. The sheriff or marshal may enter the following private place(s) tn mks possession of the property or some part of it 9360 NO NAME UNO AVENUE, SUITE 120 GlLROY, CA 95020 ' r50 a Continued on Attachment 5f. g. Defendant (name); TI-[E FAMILY-CENTERED EAR, NOSE, THROAT GROUP is ordered (o transfer possession of the property described in item Sc to the plaintiff. (Code Civ. Proc.. § 512.070.) NOTICE TO DEFENDANT: Failure to comply with an order of the court to um! over possession of such property to the plaintiff may subject you to being held In contempt of court. 6. Number of pages attached: Theodore c. Zayner Dated: MAR " 2 2018 (JUDICML OFHCEND Signature folrows last aluchment cmzom-v unw- mn ORDER FOR WRIT 0F POSSESSION _ “m“ - (Clalm and Delivery) '_ SPENCER P. SCHEER NORTHERN CALIFORNIA EFFICEJOSHUA L_SCHEER SCHEER LAw GRDLIP, LLP REILLY D. WILKINSON ATTORNEYS AT LAW 155 N. REDWOOD DR., STE. 100 SAN RAFAEL CA 94903UNATHAN SEtGEL ‘J PHnNs (41 5) 491-390nALEXANDRIA c. CARRAHER FAX (4'5, 49,,59,DTIMOTHY d. SILVERMAN MICHAEL D. IMFELDH RESPOND T0: anu-mznn cAurnnmA urrm: nor Calms“ SOUTHERN CALIFORNIA OFFICE 26522 LA ALAMEDA, 5T5. 205 MisslaN Vlzuo, DA 52691 EMAIL: PHUNE (949) 253-5757 1'sILVERMAN@EcH::nLAwaRmJP.uaM FAX ‘949’ 2093320 December 3, 2018 The Family-Centered Ear, Nose, Throat Group VIA OVERNIGHT MAIL c.-'o Donald W. Burt, MD [8181 Butterfield Blvd, Ste I80 Morgan Hill, CA 95037 Re: Key-Point Credit Uniqn v. The Family-Centered Ear, Nose. Throat Group, etil. San Jose Superior Court No. 18CV323946 Dear Dr. Burl: As you know, this law firm represents KeyPoint Credit Union relative to lawsuit referenced above. l am providing you with the followmg notice: On December 7, 2018, at 8:15 a.m., in Department 6 ofthe San Jose Superior Court located at 191 North First Street, San Jose, CA 95113, KeyPoim Credit Union will be appearing ex purrc t0 have the Court issue an Order to Show Cause re Contempt t0 explain why you and FCENT should not be held in contempt oflhe Orders ofthis Coun for failing t0 comply with the attached Tumover Order in Aid of execution and Order for Writ ofPossession as t0 lhe following personal property: (l) CS 9300 l 10V 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 t0 be heard or have a response, you need to appear at this date and time to address the Court, or the Court may grant KPCU the reliefwhich it is requesting in the Application. You may want to seek legal counsel. Please call me if you have any questions or concerns. SINCERELY, Aw GROUP, LLP u EXHIBIT " 8 'SPENCERP.SCHEER(SBN107750) g g E; gmj'I'IMOTI-{Y .I. SILVERMAN (SBN 145264)JONATHAN SEIGEL (SBN 168224) OCT i 2018SCHEER LAW GROUP, LLP 26522 LA ALAMEDA, SUITE, 205 Mission Viejo, CA 9269] Telephone: (949) 263-8757 Facsimile: (949) 209-3320 TSilvermanflz‘scheerlawawupcom Attorneys for Plaintiff KEYPOINT CREDIT UNION SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA; DOWN"! OWN (UUR'J HOUSE KEYPOINT CRED1 1' UNION, jcase No.: 18cv323946 | Plaintiff, ! 'URNOVER ORDER IN AID 0F v54 ¢ .XECIH'ION 0F JUDGMFN‘I' THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP, a Medical Corporation; IDONALD \V. BURT, JR.. an individual; and DOES i tEuot1gl150, inclusive. (Date: (No Hearing required) Time: hDept: [J.Iudge Theodora C. Zayner Defendants. Thc Coun having considered she ex parts application ofPlaintiE'fandjudgmen: creditor KEYPOTNT CREDIT UNION (”Plaintift" or ‘judgment creditor") for a Turnover Order in Aid of Execution ofJudgment, the memorandum of points and authoxities in support thereof and the accompanying declaration, and fm‘ding that a writ of execution ltas been issued and there is a need for this order, for good cause, hereby: TURNOVER ORDER [N AID OF EXECUTION OF HJDUMENT l Ur VG I E f I IT IS HEREBY ORDERED ADJUDICATED AND DECREED that: I ll l . Judgment debtors THE FAMIL Y-CENTERED EAR, NOSE, THROAT GROUR: a Medical Corporation; and DONALD W. BURT, JR., an individual, shall transfe; and turnover ! to the levying officer, Sheriff of Santa Clara County, California, possession of the personalI_ l properly described as: II (l ] CS 9300 110V ENT- Allergy Bundie, Serial Number HF XM013 {CT Scanner)j (2) Ali invenmry', equipment, fumjiure, fixtures, computers, printers, Iools, pens: f and supplies, including attachment, accessians, accessones and fittings‘ I (3) Ali accoums receivable, including books. records and data, inciudmg all Y properly tojucigmem creditor KEYPONT CREDIT UNION. |electronic information. (collectively [he "personal property”). I I 2. Upon taking possession and control of the personal property; (he laying officer, i Sheriffof San‘a Clara County. California, shall transfer end turnover possession oflhc personal 3. 'l'his Order shall be pmmptly personally served on I!1ej‘.4dgment daJtor and the levying officer: ShcriffofSama Czara CounLy, CalifiJmE-J. 4. NO'I‘ICE [S HEREBY GIVEN 'I'HA'I' I-‘AILURJ: B Y IHE JUDGMENT I 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, SHERfFF OF SANTA CLARA COUNTY, CALIFORNIA, TO ARREST AND PUNISHMENT I‘OR CONTEMPT OF C‘OL'RI. Damd: k0\\\\>3 TL'RNOVER ORDER IN AID OF EXECUTION OF JUDGMENT 2 CD-12OArrowlev QR mm mmo-J Ar Toma (mm. 5m: aarnumm am amass}. FDR COURT ”SE ONLYTIMOTHY J. SILVERMAN [45264 ‘SCHEER LAW GRO UP, LLP 26522 LA ALAMBDA, SUITE 205 MISSION VIEJO CA 92691 (EN DORSED Tamar‘s w. 949-263-8757 am (cm) 949-209-3320 l . I sawuccnsw .oucoav TSILVERMAN@SCI-EERLAWGROUP.COM . ~'-'-"’ '- '-" ATTOENEYFOR 'r-‘ameL PLAINTIFF, KEYPOINT CREDIT UNION MAR _ 2 2018SUPERIOR count os CALIFORNIA. couurv OF SANTA CLARA smssmcaess. 191 NORTH FIRST STREET Clerk 0f the CCU”mum Acmess- 191 NORTH FIRST STREET Supan'or Coun o! CA Conny o1 Santa Claraammo”. SANJOSE, CA 951 13 Y-----HTAQAGQRFW7sammme. DOWNTOWN COURTHOUSE PLAINTIFF: KEYPOINT CREDIT UNION DEFENDANT: THE FAMILY-CENTERED EAR, NOSE, THROAT eta} ORDER FOR WRIT 0F POSSESSION "Wisp-D AFTER HEARING ex PARTS 18CV323946 AFTER HEARING 1 D The applicatbn of the pIa ntifi‘ for a writ of possession was heard as follows (check brass in 1c and 1d (o indicate persona!presence at (he hearing): a Judic al Officer (name): b Hearingdate Time: I: Dept D Rm c. E Plaintifi (name)' D Afiorney (name) d C: Defendanuname)‘ E Attorney (7ame)' EX PARTE 2 E The anplicaifon of the plamnff {c- ar ex parts wrl ofpcssess on has been cors'derec by the ccun 3 The court finds: a Defendant has teen properly served as requxred by Code owa:l Procedure semen 512 030.(Do not check this ilem ii (he application is ex pane ) b Plaintiff D has has not filed an undertak'ng as required by Code o‘CiviI Procedure section 515 0‘3.c Plaintiff has established he probable va .dl'ty of the plaintiffs claim to possessmn of me fol ow‘ng prcpe-iy (spew?) (I) CS 9300 110V ENT- Aliergy Bundle, Serial Number EFXMOIS (CT Scanner) (2) All inventory, equipment, fumiture: fixtures, computers, printers, tools, parts, and supplies, includingattachment, accessions, accessories and fittings. (3) All accounts receivable, including books, records and data, including all elecuonic informationa Continued cn Atachment 3c. d‘ I l There is probable cause to believe this property 0' sons part of pt ”s 'ocatad a! or-e c: rno*e of the folowing priva‘e places(specfiM 9360 NO NAME UNO AVENUE, SUITE. 120 GILROY, CA 95020 E Continued onAttachn-ent 3d “‘Plaimm‘ includes crosslcomplalnant. and ‘defendam‘ includes cross-defenda wt Page 1 or zFem Acapud 30v Mam UH Coda C.v FM. §§ SIZDE.‘ 5'1035: er’mle 9f Cum ORDER FOR WRIT OF POSSES SION 512 om summaupw, 515,01050-120 |Rav. Jammy 1. ml amt mumnhcagav(Claim and Delivery) CD420PLAINTIFF: KEYPOJNT CREDIT UNION us= wm- oapenmm; THE FAMILY-CENTERED EAR, Nose, THROAT era] 180/3239“ ADDITIONAL FINDINGS FOR EX PARTE ISSUANCE OF WRIT OF POSSESSION4 The con}! also fingis: . a. m Defendant gamed possession of the property described in item 3c. whim was not entrusted to the deferdant byfeloniOley takmg such preperty from the plaintiff by means other than by faise or f'aJdu-‘enf representation pretense. o'embezzlement b D The propetty is a credit card. c Defendant acquired possessior ofthis property in the ordinary course of me defendant‘s trade or busmess forcommercial purposes, and (1) :he property is not necessar,’ far (he SJppod of he defendanl or the defendant’s Fami y'(2) the-‘e is an immediate dange' that the property wiH become unavaifable to levy by reason of being transferred.concealed or removed from the state, or will became substantially impa're: In value by acts ofdestruction, or by faa'lureto take are ofthe propertyin a reasonab e manner. and (3) the ex parte iss:.-ance ofa vri-t ofpessesston is necessaryto protect (he property d Tatal nu-‘nber of boxes checked in item 4. _",1__ ORDERS (n iT IS ORDERED a T'ne c!erk of this court is directed to Issue a wn‘l of passesstow as provided r1 Code of C w Procedure sadzon 512.020‘ direclirglhe sheriff or marshal within whose jurisdiction t’ne property described in item 3c or some part of it, Is located, to seize suchproperty anc retain custody of i9. as provided in Code of Civil Precedure secfims 514 010-514‘050 b The clerk Is direcfed lo issue the writ of possessior~ immediately c a The clerk is directed lo issue the wnt of possessioq upo': the pla ntnffs fiJ- ng of a written ufidertaki‘g as requ-‘red byCode ofC v'l Procedure section 515.010. in the amount of S d The writte'r unciertaking requirec by the defendan: for redel'very or to stay delivety 's in lre a'roafitof $ev The clerk oi tms court is directed to attach a copy of lhls order and a copy c-’ the praint f“s undedakir-g to lhe wn't cf possessmnf The sher'f“ or marshal may enter the fo'lowing pn‘vale planeEs) to take possess on of the property or some part ofil. 9360 NO NAME UNO AVENUE, SUITE 120 GLLROY, CA 95020 D Cominued on Attachment 5! g E Defendan'tmame) THE FAMILY-CENTERED EAR, NOSE, THROAT GROUP is ardered to transfer possessbn cf me property described in item 3c lo the plainti‘f (Code Civ Proc.. § 512.310)NOTICE TO DEFENDANT: Failure to comply with an order of the court to turn over possession of such property to theplaintiff may subject you to being held In contempt of court. 6 Namber of pages attached Theodore C. Zayner Dated‘ MAR " 2 2018 (JUDICIAL O‘RCER}E Signature follows lasi attachment quo 1 uf 2 cumin“ Jamey! 20:61 ORDER FOR WRIT OF POSSESSION (Claim and Delivery)