Department of Toxic Substances Control v. Lisa Marie Rossi, an individual et al

Form Adopted for Mandatory Use
Judicial Council of California
AT-138/EJ-125 [Rev. Oct. 1, 2024]
APPLICATION AND ORDER FOR
APPEARANCE AND EXAMINATION
(Attachment—Enforcement of Judgment)
Code of Civil Procedure, §§ 491.110,
708.110, 708.120, 708.150, 708.170
www.courts.ca.gov
AT-138/EJ-125
ATTORNEY OR PARTY WITHOUT ATTORNEY: 	STATE BAR NO.:
NAME:
FIRM NAME:
STREET ADDRESS:
CITY: 	STATE: 	ZIP CODE:
TELEPHONE NO.: 	FAX NO.:
EMAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
APPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION
ENFORCEMENT OF JUDGMENT 	ATTACHMENT (Third Person)
Judgment Debtor or 	Third Person
FOR COURT USE ONLY
CASE NUMBER:
Instructions to the judgment creditor for completing this form:
Complete the application on page 2 to ask for an examination of a judgment debtor or third person.
Do not use this form if you want to ask for an examination of the judgment debtor in a case where the judgment concerns consumer debt and was
awarded on or after January 1, 2025. Use Application and Order to Appear for Examination—Consumer Debt (form EJ-141) instead. (Code Civ.
Proc., § 708.111.)


ORDER TO APPEAR FOR EXAMINATION
1. TO (name):
YOU ARE ORDERED TO APPEAR personally before this court, or before a referee appointed by the court, to
a. 	give information to help enforce a money judgment against you.
b. 	give information about property of the judgment debtor in your possession or control or a debt you owe the judgment
debtor.
c. 	give information about property of the defendant in your possession or control or a debt you owe the defendant.
2.
3. This order may be served by a sheriff, marshal, registered process server, or the following specially appointed person (name):
Date: January 9, 2026
THOMAS S. HIXSON. U.S. MAGISTRATE JUDGE
This order must be served no less than 30 days before the date set for the examination,
or no less than 10 days before that date if the examination is of someone other than the judgment debtor.
IMPORTANT NOTICES ON PAGES 2, 3 AND 4
Page 1 of 4
Date: 3/12/2026 Time: 9:30 AM
Court Room: E	15th Floor
Hearing
Date

Name and address of court if different from above:
329637
Taylor Wetzel
California Office of the Attorney General
1300 I Street
Sacramento 	CA 	95814
(916) 210-7832
taylor.wetzel@doj.ca.gov
Cal. Department of Toxic Substances Control
Northern District of California
450 Golden Gate Avenue
San Francisco, CA 94102
Department of Toxic Substances Control
Lisa Marie Rossi, et al.
3:20-cv-01049-VC
Gerald F. Rossi
ACE Attorney Service
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Case 3:20-cv-01049-VC Document 106 Filed 01/09/26 Page 1 of 4

AT-138/EJ-125 [Rev. Oct. 1, 2024] 	APPLICATION AND ORDER FOR
APPEARANCE AND EXAMINATION
(Attachment—Enforcement of Judgment)
Information for Judgment Creditor Regarding Service
If you want to be able to ask the court to enforce the order on the judgment debtor or any third person, you
must have a copy of the order personally served on the person to be examined by a sheriff, marshal,
registered process server, or the person appointed in item 3 of the order, and have a proof of service filed
with the court. You must have the order served at least 30 calendar days before the date of the examination
if the examination is of the judgment debtor, or at least 10 calendar days before the date of the examination if
the examination is of a third person.
If the examination is of a third person, you must also have a copy of the order served personally or by mail
on the judgment debtor at least 10 calendar days before the date of the examination.
IMPORTANT NOTICES ABOUT THE ORDER
APPEARANCE OF JUDGMENT DEBTOR (ENFORCEMENT OF JUDGMENT)
NOTICE TO JUDGMENT DEBTOR If you fail to appear at the time and place specified in this order,
you may be subject to arrest and punishment for contempt of court, and the court may make an
order requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this
proceeding.
AT-138/EJ-125
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE NUMBER:
APPLICATION FOR ORDER TO APPEAR FOR EXAMINATION
4. 	Original judgment creditor 	Assignee of record 	Plaintiff who has a right to attach order
applies for an order requiring (name):
to appear in court and give information to help enforce a money judgment or to give information about property or debt.
5. The person to be examined is
a. 	the judgment debtor.
b. 	a third person (1) who has possession or control of property belonging to the judgment debtor or the defendant or
(2) who owes the judgment debtor or the defendant more than $250. An affidavit supporting this application under
Code of Civil Procedure section 491.110 or 708.120 is attached.
This application is not subject to Code of Civil Procedure section 708.111 because it does not seek an examination of a
judgment debtor to enforce a judgment that concerns consumer debt and that was entered on or after January 1, 2025.
6.
7. The person to be examined resides or has a place of business in this county or within 150 miles of the place of examination.
8. 	This court is not the court in which the money judgment is entered or (attachment only) the court that issued the writ of
attachment. An affidavit supporting an application under Code of Civil Procedure section 491.150 or 708.160 is attached.
The judgment debtor has been examined within the past 120 days. An affidavit showing good cause for another examination
is attached.
9.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME) 	(SIGNATURE OF DECLARANT)
Page 2 of 4
Department of Toxic Substances Control
Lisa Marie Rossi, et al. 	3:20-cv-01049-VC
Gerald F. Rossi
September 19, 2025
Taylor Wetzel 	/s/ Taylor Wetzel
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Case 3:20-cv-01049-VC Document 106 Filed 01/09/26 Page 2 of 4

AT-138/EJ-125 [Rev. Oct. 1, 2024] 	APPLICATION AND ORDER FOR
APPEARANCE AND EXAMINATION
(Attachment—Enforcement of Judgment)
AT-138/EJ-125
APPEARANCE OF A THIRD PERSON (ENFORCEMENT OF JUDGMENT)
NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order, you
may be subject to arrest and punishment for contempt of court, and the court may make an order
requiring you to pay the reasonable attorney fees incurred by the judgment creditor in this
proceeding.
NOTICE TO JUDGMENT DEBTOR The person in whose favor the judgment was entered in this
action claims that the person to be examined under this order has possession or control of property
that is yours or owes you a debt. This property or debt is as follows (describe the property or debt):
If you claim that all or any portion of this property or debt is exempt from enforcement of the money
judgment, you must file your exemption claim in writing with the court and have a copy personally
served on the judgment creditor not later than three days before the date set for the examination.
You must appear at the time and place set for the examination to establish your claim of exemption
or your exemption may be waived.
APPEARANCE OF A THIRD PERSON (ATTACHMENT)
NOTICE TO PERSON SERVED If you fail to appear at the time and place specified in this order, you
may be subject to arrest and punishment for contempt of court, and the court may make an order
requiring you to pay the reasonable attorney fees incurred by the plaintiff in this proceeding.
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Case 3:20-cv-01049-VC Document 106 Filed 01/09/26 Page 3 of 4

AT-138/EJ-125 [Rev. Oct. 1, 2024] 	APPLICATION AND ORDER FOR
APPEARANCE AND EXAMINATION
(Attachment—Enforcement of Judgment)
AT-138/EJ-125
APPEARANCE OF A CORPORATION, PARTNERSHIP,
ASSOCIATION, TRUST, LIMITED LIABILITY COMPANY, OR OTHER ORGANIZATION
If the order to appear for the examination on page 1 does not require the appearance of a specified
individual:
• The organization has a duty to designate one or more of the following to appear and be
examined: officers, directors, managing agents, or other persons who are familiar with the
organization's property and debts.
• Failure to designate such a person familiar with the organization's property and debts to
appear for examination will result in the order to appear for the examination to be deemed to
have been made to, and require the appearance of, the following:
• If the organization is a corporation registered with the Secretary of State, a natural
person named as the chief financial officer in the corporation's most recent filing with
the Secretary of State. If no one is so named, a natural person named as the chief
executive officer in the corporation's most recent filing with the Secretary of State. If no
one is so named, a natural person named as the secretary in the corporation's most
recent filing with the Secretary of State.
• If the organization is a limited liability company registered with the Secretary of State,
the first natural person named as a manager or member in the limited liability
company's most recent filing with the Secretary of State.
• If the organization is a limited partnership registered with the Secretary of State, the
first natural person named as a general partner in the limited partnership's most recent
filing with the Secretary of State.
• If the organization is not registered with the Secretary of State or the organization's
filings with the Secretary of State do not identify a natural person as described above, a
natural person identified by the judgment creditor as being familiar with the property
and debts of the organization, together with an affidavit or declaration signed by the
judgment creditor that sets forth the factual basis for the identification of the individual.
The affidavit or declaration shall be served on the organization together with the order.
• Service of an order to appear for an examination upon an organization by any method
permitted under the Code of Civil Procedure or the Corporations Code, including service on
the agent of the organization for service of process, shall be deemed effective service of the
order to appear upon the individuals identified above.
Request for Accommodations. Assistive listening systems, computer-assisted real-time captioning, or sign
language interpreter services are available if you ask at least five days before the hearing. Contact the clerk’s
office or go to 	Disability Accommodation Request (form 	).
(Civil Code, § 54.8.)
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courts.ca.gov/forms 	MC-410
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