2015_1106

{ Converted to text using OCR. The PDF is the controlling document. The Exhibits are in the PDF. JM}

REC’D & FILED

2015 NOV -6 PM 3: 38

Susan Merriwether

BY __________DEPUTY

Case No. 09 OC 00579 1B

Dept. No. I

In The First Judicial District Court of the State of Nevada

In and for Carson City

JED MARGOLIN, an individual,

Plaintiff,

VS.

OPTIMA TECHNOLOGY CORPORATION, a California corporation, OPTIMA TECHNOLOGY CORPORATION, a Nevada corporation, REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI aka G. REZA JAZI aka GHONONREZA ZANDIAN JAZI, an individual, DOE Companies 1-10, DOE Corporations 11-20, and DOE Individuals 21-30,

Defendants.

Case No.: 09OC00579 1B

Dept. No.: 1

ORDER GRANTING PLAINTIFF'S MOTION FOR DEBTOR EXAMINATION AND TO PRODUCE DOCUMENTS

This matter comes before the Court on Plaintiff Jed Margolin's Motion for Debtor Examination and to Produce Documents, filed on June 10, 2015. On June 29, 2015, Defendant Reza Zandian filed an Opposition and a Motion for Protective Order. On July 10, 2015, Plaintiff filed a Reply in Support of the Motion for Debtor Examination and to Produce Documents and an Opposition to Defendant's Motion for Protective Order. On July 20, 2015, Defendant filed his Reply in Support of the Motion for Protective Order. On November 5, 2015, the Court held oral argument on the motions.

After considering the motions, oppositions, replies, oral argument and the papers and pleadings on file herein, for good cause appearing, the Court hereby grants the Motion for Debtor's Examination and to Produce Documents.

The Court finds that when Defendants' former attorney, John Peter Lee, withdrew from this matter he provided a last known address for Defendant Zandian in San Diego, California. Based upon this fact and other evidence in the record, the Court finds San Diego, California, is an appropriate location for the debtor's examination of Defendant Reza Zandian.

NOW, THEREFORE, IT HEREBY IS ORDERED as follows:

1. That Defendant Reza Zandian is hereby ordered to appear in San Diego, California, during the month of February 2016 and answer upon oath or affirmation concerning his property at a Judgment Debtor Examination, with the specific location in San Diego to be chosen by Plaintiff; and

2. That Defendant Reza Zandian is hereby ordered to produce to Plaintiffs counsel on or before December 21, 2015, all of the following information and documents identifying, related to, and/or comprising the following:

a. Any and all information and documentation identifying real property, computers, cell phones, intellectual property, vehicles, brokerage accounts, bank deposits and all other assets that may be currently available for execution to satisfy the Judgments entered by the Court, including, but not limited to, information relating to financial accounts, monies owed to Defendant Zandian by others, etc.

b. Documents sufficient to show Zandian's balance sheet for each month from December 11, 2009 (the date the original complaint was filed) to the present.

c. Documents sufficient to show Zandian's gross revenues for each month from December 11, 2009 to the present.

d. Documents sufficient to show Zandian's costs and expenses for each month from December 11, 2009 to the present.

e. All tax returns filed by Zandian with any governmental body for the years 2010 to the present, including all schedules, W-2's and 1099's.

f. All of Zandian's accounting records, computerized electronic and/or printed on paper format for the years 2010 to the present.

g. All of Zandian's statements, cancelled checks and related banking documents for any bank, brokerage or other financial account at least partially controlled by Zandian, or recorded in the name of Zandian or for Zandian's benefit, from December 11, 2009 to the present.

h. All of Zandian's checkbooks, checkbook stubs and checkbook entries from December 11, 2009 to the present.

i. Documents sufficient to show the means and source of payment of Zandian's current residence and any other residence from December 11, 2009 to the present.

j. Documents sufficient to show the means and source of payment of Zandian's counsel in this matter from December 11, 2009 to the present.

k. Any settlement agreements by which another party has agreed to pay money to Zandian from December 11, 2009.

DATED: This 6th day of November, 2015.

JAMES T. RUSSEL

DISTRICT COURT JUDGE

CERTIFICATE OF MAILING

The undersigned, an employee of the First Judicial District Court, hereby certifies that on the 6th day of November, 2015, I served a copy of the foregoing Order by United States Mail, postage prepaid, addressed as follows:

Adam P. McMillen, Esq.

5371 Kietzke Lane

Reno, NV 89511

Severin A. Carlson, Esq.

Tara C. Zimmerman, Esq.

510 West Fourth Street

Carson City, NV 89703

____________________

Angela Jeffries

Judicial Assistant, Dept. 1

FIRST JUDICIAL DISTRICT COURT MINUTES

CASE NO. 09 OC 00579 1 B

TITLE: JED MARGOLIN VS OPTIMA TECHNOLOGY CORPORATION, a California corporation, OPTIMA TECHNOLOGY CORPORATION, a Nevada corporation; REZA ZANDIAN aka GOLAMREZA ZANDIANJAZI aka GHOLAM REZA ZANDIAN aka REZA JAZI aka J. REZA JAZI aka G. REZA JAZI aka GHONONREZA ZANDIAN JAZI, an individual

06/19/12 - DEPT. I - HONORABLE JAMES T. RUSSELL

J. Higgins, Clerk - Not Reported

MINUTE ORDER

COURT ORDERED: A copy of the document entitled Plaintiffs Motion to Compel Appearance of Counsel for Optima Technology Corporations, or in the Alternative, Motion to Strike General Denial of Optima Technology Corporations filed May 15, 2012 is to be used in the place and stead of the original as it is missing.

FIRST JUDICIAL DISTRICT COURT MINUTES

CASE NO. 09 OC 00579 1B

11-5-15 - DEPT. I - HONORABLE JAMES T. RUSSELL

J. Higgins, Clerk — Not Reported

MOTION FOR JUDGMENT DEBTOR EXAMINATION AND TO PRODUCE DOCUMENTS

Present: Adam McMillen, counsel for Petitioner; Severin Carlson and Tara Zimmerman, counsel for Reza Zandian.

Statements were made by Court and McMillen.

Court addressed Carlson regarding potential conflict with Ms. Zimmerman who was a law clerk for this court and Carlson made statements indicating he did not believe there was any conflict. Statements were made by Court, McMillen and Carlson.

COURT ORDERED: Deft. to appear in San Diego County at a law firm designated by the Pltf. 30 days out.

Upon inquiry by McMillen,

COURT ORDERED: McMillen and Carlson to set a date and time in February and where it is going to be. Production is going to be limited to any and all documents and individuals after December 11, 2009. All discovery is going to be completed within 45 days from today's date. Statements were made by Court.

McMillen made statements regarding judgment on Mo/Attorney's Fees and Costs.

COURT ORDERED: It will hold that in abeyance until after the February debtor's examination.

Further statements were made by Court.

McMillen to prepare Order.

The Court minutes as stated above are a summary of the proceeding and are not a verbatim record. The hearing held on the above date was recorded on the Court's recording system.