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LL
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. SUPERIOR COURT
CIVIL ACTION NO. LY ao”
INTHE OFFICE OF THE
CLERK OF COURTS
FOR THE COUNTY OF MIODLESEX
IN RE: TOORAK CAPITAL PARTNERS LLC
FEB 01 202
2G) si vid
APPLICATION FOR ORDER COMPELLING DEPOSIT a
+ FOR USE IN A PROCEEDING PENDING IN TI
STATE OF CALIFORNIA, SUPERIOR COURT, COUNTY OF ORANGE
PURSUANT TO G.L. CHAPTER 223A, § 11
1 Applicant, Toorak Capital Partners LLC, is a Defendant and Cross Complainant
in an action pending in the State of California, Superior Court, County of Orange, California,
styled Diyar Irvine, LLC et al. v. Toorak Capital Partners LLC, et al., Case No. 30-2021-
01227546-CU-FR-C] (hereinafter the “California action’).
2 Applicant seeks to obtain documents by means of a deposition subpoena duces
tecum served upon Forward Financing LLC, a limited liability company with an address in
Marlborough, MA pursuant to G.L. Chapter 223A, § 11.
3 Forward Financing LLC is in possession of documents that are necessary to the
accomplishment of complete justice in the California action.
4 Applicant asks that this court enter an ordering service of a subpoena duces tecum
for the deposition of Forward Financing LLC in order to effectuate justice in the California
action.
6 Applicant seeks to have the deposition taken in accordance with the California
Deposition Subpoena, a copy of which is attached hereto as Exhibit A, and the Massachusetts
Deposition Subpoena in the form attached hereto as Exhibit B.
6 G.L, Chapter 223A, § 11 provides, in pertinent part, that the court, “may order a
person who is domiciled or is found within this commonwealth to give his testimony .. . for use
in a proceeding in tribunal outside this commonwealth. This order may be made upon the
application of any interested person or in response to a letter rogatory ...” G.L, c. 223A, § 11.
WHEREFORE, Applicant prays that this court enter an order compelling Forward
Financing LLC to produce the requested documents on April 1, 2024 at 10:00 A.M. or at such
other date and time as agreed to by the parties, at Beacon Hill Research, located at 25 Walnut
Street, Suite 205, Wellesley Hills, Ma. 02481
Respectfully submitted,
The Applicant,
Toorak Capital Partners LLC,
By its attorney,
\
Robert J. Harrington, BBO# 566515
Law Offices of Robert W. Harrington, P.C.
29 Shepard Street
Cambridge, Massachusetts 02138
Dated: (739-2077 (617) 248-0800
bharrington@rwhlawpe.com
EXHIBIT “A”
SUBP-010
"ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address) FOR COURT USE ONLY
EDWARD CAPEWELL, ESQ., SBN 334580
DANIEL MURPHY, ESQ., SBN: 141006; GREGROY A. DAWLEY, ESQ,, SBN: 119397
LOEB & LOEB LLP
10100 Santa Monica Blyd., Ste. 2200
Los Angeles, CA 90067
TELEPHONE NO.: (310) 282-2000 FAX No(optenan: (310) 282-2200
EMAILADDRESS: ecapewell@loeb.com
ATTORNEY FOR (Name) TOORAK CAPITAL PARTNERS LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
sTREET ADDRESS: 700 Civic Center Drive West
city AND zIP cove: Santa Ana, CA 92701
BRANCH NAME: CENTRAL JUSTICE CENTER
PLAINTIFE/ DIYAR IRVINE, LLC, ET AL.
PETIT
DEFENDANT) SHADY ELZOHEIRY, ET AL.
RESPONDENT:
DEPOSITION SUBPOENA
CASE NUMBER:
30-2021-01227546-CU-FR-CJC
FOR PRODUCTION OF BUSINESS RECORDS
THE PEOPLE OF THE STATE OF CALIFORNIA, TO (namo, address, and telephone number of deponent, if known):
Custodian of Records for: FORWARD FINANCING LLC, C/O CORPORATE CREATIONS NETWORK,
INC.,, 225 Cedar Hill Street., #200, Marlborough, MA 01752
1. YOU ARE ORDERED TO PRODUGE THE BUSINESS RECORDS described in item 3, as follows:
To (name of deposition officer): First Legal Records c/o Beacon Hill Research
On (date): April 1, 2024 At (time): 10:
Location (address): 25 Walnut Street, Suite 205, Wellesley Hills, MA 02481, (877) 591-9979
Do not release the requested records to the deposition officer prior to the date and time stated above.
a. fed by delivering a true, legible and durable copy of the business records described in item 3, enclosed in a sealed inner wrapper
with the title and number of the action, name of witness, and date of subpoena clearly written on it, The inner wrapper shall
then be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposition officer at the address in item 1.
oO ad
by deliverin a true, legible and durable copy of the business records described in item 3 to the deposition officer at the
witness's a id: ress, on receipt of payment in cash or by check of the reasonable costs of preparing the copy, as determined
under Evidence Cade Section 1563(b).
-O by making the original business records described in item 3 available for inspection at your business address by the
attorney's representative and permitting copying at your business address under reasonable conditions during normal
business hours.
2. The records are to be produced by the date and time shown in item 1 (but not sooner than 20 days after the issuance of the
deposition subpoena, or 15 days after service, whichever. date is later). Reasonable costs of locating records, making them available
or copying them, and postage, if any, are recoverable as set forth in Evidence Code Section 1563 The records shall be
accompanied by an affidavit of the custodian or other qualified witness pursuant to Evidence Code Ch ction 1561.
3. The records to be produced are described as follows (if electronically stored information is demanded, the form or
forms in which each type of information is to be produced may be specified):
SEE ATTACHMENT 3.
[xx Continued on Attachment 3.
4. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF
oui PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT
OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE
Soo ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS.
DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE
FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY,
Date issued: January 25, 2024
EDWARD CAPEWELL, ESQ.
EX CS
(TYPE OR PRINT NAME) (SIGNATURE OF PERSON ISSUING SUBPOENA)
Attorney for: DEFENDANT & CROSS- COMPLAINANT
(TITLE)
(Proof of service on page two) Page 1 of 2
Form Adapted for Mandatory Use DEPOSITION SUBPOENA FOR PRODUCTION Code of Civil Procedure, §§ 2020.410-2020.440;
Judicial Counc! of Califomia ‘Government Code § 68097.1
‘SUBP-010 (Rev. January 1, 2012] OF BUSINESS RECORDS ‘wvew.courts.ca.gov
08607708-01/CPROOF105
ATTACHMENT 3
DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS
Forward Financing LLC
DIYAR IRVINE, LLC, et al. v. SHADY ELZOHEIRY, et al.
Orange County Superior Court, Case No, 30-2021 -01227546-CU-FR-CIC
DEFINITIONS
1 The term “Forward Financing” means and refers to Forward Financing LLC, its
corporate parents, subsidiaries, affiliates, predecessors, successors, assigns, employees, partners,
members, agents, or representatives, and any other persons or entities acting on its behalf.
2. The terms “YOU” or “YOUR” mean and refer to Forward Financing and any
PERSON acting on its behalf.
3 The term “PERSON” shall mean or refer to an individual (.¢., a natural person),
corporation, limited liability company, partnership, joint venture, or any other form of business
entity, and all agents or representatives (including directors, officers, sharcholders, managers,
members, and attorneys) acting on behalf of that PERSON.
4. The terms “DOCUMENT” and “DOCUMENTS?” shall mean or refer to, without
limitation, any writings, drawings, graphs, charts, photographs, sound recordings, images, and
other data or data compilations stored in any medium from which information can be obtained —
translated, if necessary, into a reasonably useable form. DOCUMENT and DOCUMENTS
specifically include, without limitation, electronically stored information, such as electronic mail
and text messages. The terms DOCUMENT and DOCUMENTS also include all copies which
are not identical to the original, such as those bearing marginal comments or other notations or
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interlineations not present on the DOCUMENT or DOCUMENTS as initially written, typed, or
otherwise prepared.
5 The terms “COMMUNICATION” and “COMMUNICATIONS” means any
transmission of information by one or more persons and/or between two or more persons by any
means, including but not limited to telephone conversations, letters, facsimiles, computer
messages, written memoranda, electronic mail, and face-to-face communications.
6. The terms “RELATE TO” and “RELATING TO” shall be construed in their
broadest sense to require information or documents which constitute, concer, support, pertain
to, mention, evidence, support, describe, refer to (directly or indirectly), reflect, comment upon
or summarize the subject of each of the requests for documents below.
7 The term “DIYAR IRVINE” means and refers to plaintiff and cross-defendant
Diyar Irvine, LLC, a California Limited Liability Company, in the above-referenced case.
8 The term “GREEN CITY” means and refers to plaintiff and cross-defendant
Green City Development, LLC, a California Limited Liability Company, in the above-referenced
case.
8. “ELZOHEIRY” means and refers to defendant and cross-defendant Shady
Elzoheiry, a resident of Orange County, California, and any other PERSONS, agents,
representatives, attorneys, individuals or entities acting or purporting to act on ELZOHEIRY’s
behalf.
10. “BASTIAN” means and refers to defendant and cross-defendant Vanessa Bastian,
a resident of Orange County, California, and any other PERSONS, agents, representatives,
attorneys, individuals or entities acting or purporting to act on BASTIAN’s behalf.
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11. “ZAHYA VENTURES” means and refers to Zahya Ventures, Inc., a California
corporation, and any other PERSONS, agents, representatives, attorneys, individuals or entities
actingor purporting to act on ZAHYA VENTURES’s behalf.
12, “SADEK” means and refers to plaintiff and cross-defendant Sadek El Sewedy, a
resident and citizen of the Arab Republic of Egypt, and any other PERSONS, agents,
representatives, attorneys, individuals or entities acting or purporting to act on SADEK’s behalf.
13. “AHMED” means and refers to plaintiff and cross-defendant Ahmed El Sewedy,
a resident and citizen of the Arab Republic of Egypt, and any other PERSONS, agents,
representatives, attorneys, individuals or entities acting or purporting to act on AHMED’s behalf.
14, “KAZ INVESTMENTS” means and refers to defendant and cross-defendant Kaz
Investments Management, Inc., a California corporation, and any other PERSONS, agents,
representatives, attorneys, individuals or entities acting or purporting to act on KAZ
INVESTMENTS’s behalf.
15. “KAZ LUXURY” means and refers to defendant and cross-defendant Kaz Luxury
Homes, Inc., a California corporation, and any other PERSONS, agents, representatives,
attorneys, individuals or entities acting or purporting to act on KAZ LUXURY’s behalf.
16. “EIGHT LUXE” means and refers to defendant and cross-defendant Eight Luxe
Homes, Inc., a California corporation, and any other PERSONS, agents, representatives,
attorneys, individuals or entities acting or purporting to act on EIGHT LUXE’s behalf.
17. “CARLYLE CAPITAL” means and refers to defendant Carlyle Capital, Inc., and
any other PERSONS, agents, representatives, attorneys, individuals or entities acting or
purporting to act on CARLYLE CAPITAL’S behalf, including but not limited to Mark Atalla
and Andrew Abas.
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INSTRUCTIONS
In responding to each part of this DOCUMENT request, the following instructions shall
apply:
1 Ifa request, read literally, requires the production of a part or portion of a
DOCUMENT, the entire DOCUMENT shall be produced.
2. As to all requests, the singular shall include the plural, and the plural shall include
the singular.
3 In all requests, the words “and” and “or” shall be construed both conjunctively
and disjunctively, and each shall include the other wherever such dual construction will serve to
bring within the scope of a request any DOCUMENT which would otherwise not be brought
within its scope.
4 In all requests, the word “each” shall be construed to mean both “each” and “all,”
and each shall include the other wherever such dual construction will serve to bring within the
scope of a request any DOCUMENT which would otherwise not be brought within its scope.
5 As to all requests, the word “including” shall be construed as “including but not
limited to.”
6 This request requires YOU to produce all DOCUMENTS that are in YOUR actual
or constructive possession, custody or control or in the possession, custody or control of YOUR
attorneys, accountants, representatives, consultants, agents, employees, or anyone else acting on
YOUR behalf.
7. Where a request calls for the production of a DOCUMENT as to which a claim of
privilege is asserted, please set forth the following with respect to each allegedly privileged
DOCUMENT that is not produced:
4. The type of DOCUMENT;
b. The date of the DOCUMENT;
Cc. The name, business address, and title or position of the author(s) of the
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DOCUMENT;
d. The names, business address, and title or position of all PERSONS who
have received a copy of the DOCUMENT;
€. A general description of the subject matter of the DOCUMENTS;
f. The basis upon which the claim of privilege is asserted; and
& If YOUR response to a particular demand is a statement that YOU lack
the ability to comply with that demand, YOU must affirm in YOUR response that
a diligent search and a reasonable inquiry has been made in an effort to comply
with that demand. This statement shall also specify whether the inability to
comply is because the particular item or category never existed, has been
destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer,
in YOUR possession, custody, or control, in which case the name and address of
any PERSON or entity known or believed by YOU to have possession, custody,
or control of that DOCUMENT or category of DOCUMENTS should be
identified.
8 This request requires the production of DOCUMENTS as they are kept in the
usual course of business or organized and labeled to correspond with the particular demands set
forth below. If YOU choose the former method, the DOCUMENTS are to be produced in the
boxes, file folders, bindings or other containers in which the DOCUMENTS are found. The
titles, labels, or other descriptions on the boxes, file folders, bindings or other containers are to
be left intact.
9 All DOCUMENTS and COMMUNICATIONS originally stored in paper format
in the ordinary course of business must be produced in database-ready format (like Concordance
or Relativity) including TIF/JPG, OCR and necessary database loadfiles. All ESI must be
produced in a litigation support database-ready format (like Concordance or Relativity) including
TIF/JPEG, extracted text, necessary database loadfiles and standard metadata fields. Each
TIF/JPG shall be consecutively numbered with a document control (i.e., Bates) number. If ESI
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produced as a TIF/JPG is not reasonably reviewable as a TIF/JPEG (such as audio, video or
Excel files), then the native file shall be produced, along with a slipsheet and metadata for the
database. The slipsheet serves as a placeholder. DOCUMENTS and COMMUNICATIONS
produced in native format because of an inability to provide TIF/JPG due to ESI file format also
shall be assigned a document control (i.e., Bates) number stamped on the slipsheet. The same
Bates number shall be used for the filename of the native file, for example, BATES001234.xls.
DOCUMENTS TO BE PRODUCED
1 All DOCUMENTS RELATING TO any loan you made to KAZ INVESTMENTS
between January 1, 2016, and December 31, 2021.
2. All DOCUMENTS RELATING TO any loan you made to ELZOHEIRY between
January 1, 2016, and December 31, 2021.
3 All DOCUMENTS RELATING TO any loan you made to DIYAR IRVINE
between January 1, 2016, and December 31, 2021,
4 All DOCUMENTS RELATING TO any joan you made to GREEN CITY
between January 1, 2016, and December 31, 2021.
5 All DOCUMENTS RELATING TO any loan you made to KAZ LUXURY
between January 1, 2016, and December 31, 2021.
6 All DOCUMENTS RELATING TO any loan you made to EIGHT LUXE
between January 1, 2016, and December 31, 2021.
7 All DOCUMENTS RELATING TO any loan you made to BASTIAN between
January 1, 2016, and December 31, 2021.
8 All DOCUMENTS RELATING TO any loan you made to ZAHYA VENTURES
between January 1, 2016, and December 31, 2021.
9. All DOCUMENTS RELATING TO any loan you made to SADEK between
January 1, 2016, and December 31, 2021.
10. All DOCUMENTS RELATING TO any loan you made to AHMED between
January 1, 2016, and December 31, 2021.
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11. All COMMUNICATIONS between YOU and KAZ INVESTMENTS sent or
received between January 1, 2016, and December 31, 2021.
12. All COMMUNICATIONS between YOU and ELZOHEIRY sent or received
between January 1, 2016, and December 31, 2021.
13. All COMMUNICATIONS between YOU and DIYAR IRVINE sent or received
between January 1, 2016, and December 31, 2021.
14. All COMMUNICATIONS between YOU and GREEN CITY sent or received
between January 1, 2016, and December 31, 2021.
15. All COMMUNICATIONS between YOU and KAZ LUXURY sent or received
between January 1, 2016, and December 31, 2021.
16. All COMMUNICATIONS between YOU and EIGHT LUXE sent or received
between January 1, 2016, and December 31, 2021.
17. All COMMUNICATIONS between YOU and BASTIAN sent or received
between January 1, 2016, and December 31, 2021.
18. All COMMUNICATIONS between YOU and ZAHYA VENTURES sent or
received between January 1, 2016, and December 31, 2021.
19, All COMMUNICATIONS between YOU and SADEK sent or received between
January 1, 2016, and December 31, 2021.
20. All COMMUNICATIONS between YOU and AHMED sent or received between
January 1, 2016, and December 31, 2021.
21. All COMMUNICATIONS between YOU and CARLYLE CAPITAL sent or
received between January 1, 2016, and December 31, 2021.
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EXHIBIT “B”
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. SUPERIOR COURT
CIVIL ACTION NO.
TN RE: TOORAK CAPITAL PARTNERS LLC
TO Forward Financing LLC
c/o Corporate Creations Network, Inc.
225 Cedar Hill Street, #200
Marlborough, MA 01752
DEPOSITION SUBPOENA DUCES TECUM
DOCUMENTS REQUESTED ONLY
GREETINGS:
YOU ARE HEREBY COMMANDED in the name of the Commonwealth of
Massachusetts in accordance with the provisions of Rule 45 of the Massachusetts Rules
of Civil Procedure to produce documents on April 1, 2024 at 10:00 AM at Beacon Hill
Research, located at 25 Walnut Street, Suite 205, Wellesley Hills, Ma. 02481 in
accordance with Attachment 3 hereto for use in an action styled Diyar Irvine, LLC et al.
v. Toorak Capital Partners LLC, et al., Case No. 30-2021-01227546-CU-FR-C], State of
California, Superior Court, County of Orange.
You will not be required to testify if you produce the requested documents.
HEREOF FAIL NOT as you will answer your default under the pains and
penalties in the law in that behalf made and provided
Page 1 of 2
a
Dated: , 2024
Robert J. Harrington, BBO #566515 , Notary Public
Law Offices of Robert W. Harrington, P.C. My Commission Expires:
One Washington Mall
Boston, MA 02108
(617) 248-0800
bharrington@rwhlawpe.com
Page 2 of 2
Rule 45(f). Duties in Responding to a Subpoena
(1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents
or electronically stored information:
(A) Documents. A person responding to a subpoena that requires production of documents shalt produce them
as they are kept in the ordinary course of business or shall organize and label them to correspond to the categories
in the demand.
:
(B) Form for producing electronically stored information not specified. If a subpoena does not specify a form
for producing electronically stored information, the person responding shall produce it in a form or forms in
which it is ordinarily maintained or in a reasonably usable form or forms.
(C) Electronically stored information produced in only one form. The person responding need not produce the
same electronically stored information in more than one form.
() Inaccessible electronically stored information. The person responding may object to the discovery of
inaccessible electronically stored information, and any such objection shall specify the reason that such
discovery is inaccessible, On motion to compel or for a protective order, the person claiming inaccessibility
bears the burden of showing inaccessibility. If that showing is made, the court may nonetheless order discovery
from such sources if the requesting party shows good cause, considering the limitations of Rule 26(f)(4)(C) and
(D) . The court may specify conditions for the discovery.
(2) Claiming Privilege or Protection.
(A) Information withheld. A person withholding subpoenaed information under a claim that it is privileged or
subject to protection as trial-preparation material shall make the claim expressly and provide information that
will enable the parties to assess the claim. A privilege log need not be prepared.
(B) Information mistakenly produced. If information produced in response to a subpoena is subject to a claim of
privilege or of protection as trial-preparation material, the person making the claim may notify any party that
received the information of the claim and the basis for it. The provisions of Rule 26(b)(5)(B) and (C) are
applicable.
(3) Further Protection, Any person subject to a subpoena under this rule may move the court:
(A) for a protective order under rule 26(c) or
(B) to be deemed entitled to any protection set forth in any discovery or procedural order previously entered in
the case.
(g) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon him may be
deemed a contempt of the court in which the action is pending.
Amended August 3, 1982, effective January 1, 1983; November 17, 1986, effective January 1, 1987; September 24, 2013, effective
January 1, 2014,
ATTACHMENT 3
DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS
Forward Financing LLC
DIYAR IRVINE, LLC, et al. v. SHADY ELZOHEIRY, et al.
Orange County Superior Court, Case No. 30-2021-01227546-CU-FR-CJC
DEFINITIONS
1 The term “Forward Financing” means and refers to Forward Financing LLC, its
corporate parents, subsidiaries, affiliates, predecessors, successors, assigns, employees, partners,
members, agents, or representatives, and any other persons or entities acting on its behalf.
2 The terms “YOU” or “YOUR” mean and refer to Forward Financing and any
PERSON acting on its behalf.
3 The term “PERSON” shall mean or refer to an individual (i.e., a natural person),
corporation, limited liability company, partnership, joint venture, or any other form of business
entity, and all agents or representatives (including directors, officers, shareholders, managers,
members, and attorneys) acting on behalf of that PERSON.
4 The terms “DOCUMENT” and “DOCUMENTS” shall mean or refer to, without
limitation, any writings, drawings, graphs, charts, photographs, sound recordings, images, and
other data or data compilations stored in any medium from which information can be obtained —
translated, if necessary, into a reasonably useable form. DOCUMENT and DOCUMENTS
specifically include, without limitation, electronically stored information, such as electronic mail
and text messages. The terms DOCUMENT and DOCUMENTS also include all copies which
are not identical to the original, such as those bearing marginal comments or other notations or
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interlineations not present on the DOCUMENT or DOCUMENTS as initially written, typed, or
otherwise prepared.
5 The terms “COMMUNICATION” and “COMMUNICATIONS” means any
transmission of information by one or more persons and/or between two or more persons by any
means, including but not limited to telephone conversations, letters, facsimiles, computer
messages, written memoranda, electronic mail, and face-to-face communications.
6 The terms “RELATE TO” and “RELATING TO” shall be construed in their
broadest sense to require information or documents which constitute, concern, support, pertain
to, mention, evidence, support, describe, refer to (directly or indirectly), reflect, comment upon
or summarize the subject of each of the requests for documents below.
7
The term “DIYAR IRVINE” means and refers to plaintiff and cross-defendant
Diyar Irvine, LLC, a California Limited Liability Company, in the above-referenced case.
8 The term “GREEN CITY” means and refers to plaintiff and cross-defendant
Green City Development, LLC, a California Limited Liability Company, in the above-referenced
case.
9. “ELZOHEIRY” means and refers to defendant and cross-defendant Shady
Elzoheiry, a resident of Orange County, California, and any other PERSONS, agents,
representatives, attorneys, individuals or entities acting or purporting to act on ELZOHEIRY’s
behalf.
. 10. “BASTIAN” means and refers to defendant and cross-defendant Vanessa Bastian,
a resident of Orange County, California, and any other PERSONS, agents, representatives,
attorneys, individuals or entities acting or purporting to act on BASTIAN’s behalf.
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interlineations not present on the DOCUMENT or DOCUMENTS as initially written, typed, or
otherwise prepared.
5 . The terms “COMMUNICATION” and “COMMUNICATIONS” means any
transmission of information by one or more persons and/or between two or more persons by any
means, including but not limited to telephone conversations, letters, facsimiles, computer
messages, written memoranda, electronic mail, and face-to-face communications.
6 The terms “RELATE TO” and “RELATING TO” shall be construed in their
broadest sense to require information or documents which constitute, concern, support, pertain
to, mention, evidence, support, describe, refer to (directly or indirectly), reflect, comment upon
or summarize the subject of each of the requests for documents below.
7 The term “DIYAR IRVINE” means and refers to plaintiff and cross-defendant
Diyar Irvine, LLC, a California Limited Liability Company, in the above-referenced case.
8 The term “GREEN CITY” means and refers to plaintiff and cross-defendant
Green City Development, LLC, a California Limited Liability Company, in the above-referenced
case.
9 “ELZOHEIRY” means and refers to defendant and cross-defendant Shady
Elzoheiry, a resident of Orange County, California, and any other PERSONS, agents,
representatives, attorneys, individuals or entities acting or purporting to act on ELZOHEIRY’s
behalf.
10. “BASTIAN” means and refers to defendant and cross-defendant Vanessa Bastian,
a resident of Orange County, California, and any other PERSONS, agents, representatives,
attorneys, individuals or entities acting or purporting to act on BASTIAN’s behalf.
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i “ZAHYA VENTURES” means and refers to Zahya Ventures, Inc., a California
corporation, and any other PERSONS, agents, representatives, attorneys, individuals or entities
acting or purporting to act on ZAHYA VENTURES’s behalf.
12, “SADEK” means and refers to plaintiff and cross-defendant Sadek El Sewedy, a
resident and citizen of the Arab Republic of Egypt, and any other PERSONS, agents,
representatives, attorneys, individuals or entities acting or purporting to act on SADEK’s behalf.
13, “AHMED” means and refers to plaintiff and cross-defendant Ahmed El Sewedy,
a resident and citizen of the Arab Republic of Egypt, and any other PERSONS, agents,
representatives, attorneys, individuals or entities acting or purporting to act on AHMED’s behalf.
14, “KAZ INVESTMENTS” means and refers to defendant and cross-dofendant Kaz
Investments Management, Inc., a California corporation, and any other PERSONS, agents,
representatives, attorneys, individuals or entities acting or purporting to act on KAZ
INVESTMENTS’s behalf.
15. “KAZ LUXURY” means and refers to defendant and cross-defendant Kaz Luxury
Homes, Inc., a California corporation, and any other PERSONS, agents, representatives,
attorneys, individuals or entities acting or purporting to act on KAZ LUXURY’s behalf.
16. “EIGHT LUXE” means and refers to defendant and cross-defendant Eight Luxe
Homes, Inc., a California corporation, and any other PERSONS, agents, representatives,
attorneys, individuals or entities acting or purporting to act on EIGHT LUXE’s behalf.
17. “CARLYLE CAPITAL” means and refers to defendant Carlyle Capital, Inc., and
any other PERSONS, agents, representatives, attorneys, individuals or entities acting or
purporting to act on CARLYLE CAPITAL'S behalf, including but not limited to Mark Atalla
and Andrew Abas,
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INSTRUCTIONS
In responding to each part of this DOCUMENT request, the following instructions shall
apply:
1 Ifa request, read literally, requires the production of a part or portion of a
DOCUMENT, the entire DOCUMENT shall be produced.
2. As to all requests, the singular shall include the plural, and the plural shall include
the singular.
3 In all requests, the words “and” and “or” shall be construed both conjunctively
and disjunctively, and each shall include the other wherever such dual construction will serve to
bring within the scope of a request any DOCUMENT which would otherwise not be brought
within its scope.
4. In all requests, the word “each” shall be construed to mean both “each” and “all,”
and cach shall include the other wherever such dual construction will serve to bring within the
scope of a request any DOCUMENT which would otherwise not be brought within its scope.
5 As to all requests, the word “including” shall be construed as “including but not
limited to.”
6. This request requires YOU to produce all DOCUMENTS that are in YOUR actual
or constructive possession, custody or control or in the possession, custody or control of YOUR
attorneys, accountants, representatives, consultants, agents, employees, or anyone else acting on
YOUR behalf.
7. Where a request calls for the production of a DOCUMENT as to which a claim of
privilege is asserted, please set forth the following with respect to each allegedly privileged
DOCUMENT that is not produced:
a. The type of DOCUMENT;
b. The date of the DOCUMENT;
Cc. The name, business address, and title or position of the author(s) of the
237905566.2
207866-10417
DOCUMENT;
d The names, business address, and title or position of all PERSONS who
have received a copy of the DOCUMENT;
€. A general description of the subject matter of the DOCUMENTS;
f. The basis upon which the claim of privilege is asserted; and
8 If YOUR response to a particular demand is a statement that YOU lack
the ability to comply with that demand, YOU must affirm in YOUR response that
a diligent search and a reasonable inquiry has been made in an effort to comply
with that demand. This statement shall also specify whether the inability to
comply is because the particular item or category never existed, has been
destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer,
in YOUR possession, custody, or control, in which case the name and address of
any PERSON or entity known or believed by YOU to have possession, custody,
or control of that DOCUMENT or category of DOCUMENTS should be
identified.
8 This request requires the production of DOCUMENTS as they are kept in the
usual course of business or organized and labeled to correspond with the particular demands set
forth below. If YOU choose the former method, the DOCUMENTS are to be produced in the
boxes, file folders, bindings or other containers in which the DOCUMENTS are found. The
titles, labels, or other descriptions on the boxes, file folders, bindings or other containers are to
be left intact.
9. All DOCUMENTS and COMMUNICATIONS originally stored in paper format
in the ordinary course of business must be produced in database-ready format (like Concordance
or Relativity) including TIF/JPG, OCR and necessary database loadfiles. All ES] must be
produced in a litigation support database-ready format (like Concordance or Relativity) including
TIEF/JPEG, extracted text, necessary database loadfiles and standard metadata fields. Each
TIEF/JPG shall be consecutively numbered with a document control (i.e., Bates) number. If ESI
237905566.2
207866-10417
produced as a TIF/JPG is not reasonably reviewable as a TIF/JPEG (such as audio, video or
Excel files), then the native file shall be produced, along with a slipsheet and metadata for the
database. The slipsheet serves as a placeholder. DOCUMENTS and COMMUNICATIONS
produced in native format because of an inability to provide TIF/JPG due to ESI file format also
shall be assigned a document control (i.e., Bates) number stamped on the slipsheet. The same
Bates number shall be used for the filename of the native file, for example, BATES001234.xls.
DOCUMENTS TO BE PRODUCED
1 All DOCUMENTS RELATING TO any loan you made to KAZ INVESTMENTS
between January 1, 2016, and December 31, 2021.
2. All DOCUMENTS RELATING TO any loan you made to ELZOHEIRY between
January 1, 2016, and December 31, 2021.
3 All DOCUMENTS RELATING TO any loan you made to DIYAR IRVINE
between January 1, 2016, and December 31, 2021.
4 All DOCUMENTS RELATING TO any loan you made to GREEN CITY
between January 1, 2016, and December 31, 2021.
5 All DOCUMENTS RELATING TO any loan you made to KAZ LUXURY
between January 1, 2016, and December 31, 2021.
6 All DOCUMENTS RELATING TO any loan you made to EIGHT LUXE
between January 1, 2016, and December 31, 2021.
7. All DOCUMENTS RELATING TO any loan you made to BASTIAN between
January 1, 2016, and December 31, 2021.
8 All DOCUMENTS RELATING TO any loan you made to ZAHYA VENTURES
between January 1, 2016, and December 31, 2021.
9 All DOCUMENTS RELATING TO any loan you made to SADEK between
January 1, 2016, and December 31, 2021.
10. All DOCUMENTS RELATING TO any loan you made to AHMED between
January 1, 2016, and December 31, 2021.
237905566.2
207866-10417
1. All COMMUNICATIONS between YOU and KAZ INVESTMENTS sent or
received between January 1, 2016, and December 31, 2021.
12. All COMMUNICATIONS between YOU and ELZOHEIRY sent or received
between January 1, 2016,.and December 31, 2021.
13. All COMMUNICATIONS between YOU and DIYAR IRVINE sent or received
between January 1, 2016, and December 31, 2021.
14. All COMMUNICATIONS between YOU and GREEN CITY sent or received
between January 1, 2016, and December 31, 2021.
15. All COMMUNICATIONS between YOU and KAZ LUXURY sent or received
between January 1, 2016, and December 31, 2021.
16. All COMMUNICATIONS between YOU and EIGHT LUXE sent or received
between January 1, 2016, and December 31, 2021.
17. All COMMUNICATIONS between YOU and BASTIAN sent or received
between January 1, 2016, and December 31, 2021.
18. All COMMUNICATIONS between YOU and ZAHYA VENTURES sent or
received between January 1, 2016, and December 31, 2021.
19. All COMMUNICATIONS between YOU and SADEK sent or received between
January |, 2016, and December 31, 2021.
20. All COMMUNICATIONS between YOU and AHMED sent or received between
January 1, 2016, and December 31, 2021.
21. All COMMUNICATIONS between YOU and CARLYLE CAPITAL sent or
received between January 1, 2016, and December 31, 2021.
237905566.2
207866-10417
Preview
LL COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. SUPERIOR COURT CIVIL ACTION NO. LY ao” INTHE OFFICE OF THE CLERK OF COURTS FOR THE COUNTY OF MIODLESEX IN RE: TOORAK CAPITAL PARTNERS LLC FEB 01 202 2G) si vid APPLICATION FOR ORDER COMPELLING DEPOSIT a + FOR USE IN A PROCEEDING PENDING IN TI STATE OF CALIFORNIA, SUPERIOR COURT, COUNTY OF ORANGE PURSUANT TO G.L. CHAPTER 223A, § 11 1 Applicant, Toorak Capital Partners LLC, is a Defendant and Cross Complainant in an action pending in the State of California, Superior Court, County of Orange, California, styled Diyar Irvine, LLC et al. v. Toorak Capital Partners LLC, et al., Case No. 30-2021- 01227546-CU-FR-C] (hereinafter the “California action’). 2 Applicant seeks to obtain documents by means of a deposition subpoena duces tecum served upon Forward Financing LLC, a limited liability company with an address in Marlborough, MA pursuant to G.L. Chapter 223A, § 11. 3 Forward Financing LLC is in possession of documents that are necessary to the accomplishment of complete justice in the California action. 4 Applicant asks that this court enter an ordering service of a subpoena duces tecum for the deposition of Forward Financing LLC in order to effectuate justice in the California action. 6 Applicant seeks to have the deposition taken in accordance with the California Deposition Subpoena, a copy of which is attached hereto as Exhibit A, and the Massachusetts Deposition Subpoena in the form attached hereto as Exhibit B. 6 G.L, Chapter 223A, § 11 provides, in pertinent part, that the court, “may order a person who is domiciled or is found within this commonwealth to give his testimony .. . for use in a proceeding in tribunal outside this commonwealth. This order may be made upon the application of any interested person or in response to a letter rogatory ...” G.L, c. 223A, § 11. WHEREFORE, Applicant prays that this court enter an order compelling Forward Financing LLC to produce the requested documents on April 1, 2024 at 10:00 A.M. or at such other date and time as agreed to by the parties, at Beacon Hill Research, located at 25 Walnut Street, Suite 205, Wellesley Hills, Ma. 02481 Respectfully submitted, The Applicant, Toorak Capital Partners LLC, By its attorney, \ Robert J. Harrington, BBO# 566515 Law Offices of Robert W. Harrington, P.C. 29 Shepard Street Cambridge, Massachusetts 02138 Dated: (739-2077 (617) 248-0800 bharrington@rwhlawpe.com EXHIBIT “A” SUBP-010 "ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address) FOR COURT USE ONLY EDWARD CAPEWELL, ESQ., SBN 334580 DANIEL MURPHY, ESQ., SBN: 141006; GREGROY A. DAWLEY, ESQ,, SBN: 119397 LOEB & LOEB LLP 10100 Santa Monica Blyd., Ste. 2200 Los Angeles, CA 90067 TELEPHONE NO.: (310) 282-2000 FAX No(optenan: (310) 282-2200 EMAILADDRESS: ecapewell@loeb.com ATTORNEY FOR (Name) TOORAK CAPITAL PARTNERS LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE sTREET ADDRESS: 700 Civic Center Drive West city AND zIP cove: Santa Ana, CA 92701 BRANCH NAME: CENTRAL JUSTICE CENTER PLAINTIFE/ DIYAR IRVINE, LLC, ET AL. PETIT DEFENDANT) SHADY ELZOHEIRY, ET AL. RESPONDENT: DEPOSITION SUBPOENA CASE NUMBER: 30-2021-01227546-CU-FR-CJC FOR PRODUCTION OF BUSINESS RECORDS THE PEOPLE OF THE STATE OF CALIFORNIA, TO (namo, address, and telephone number of deponent, if known): Custodian of Records for: FORWARD FINANCING LLC, C/O CORPORATE CREATIONS NETWORK, INC.,, 225 Cedar Hill Street., #200, Marlborough, MA 01752 1. YOU ARE ORDERED TO PRODUGE THE BUSINESS RECORDS described in item 3, as follows: To (name of deposition officer): First Legal Records c/o Beacon Hill Research On (date): April 1, 2024 At (time): 10: Location (address): 25 Walnut Street, Suite 205, Wellesley Hills, MA 02481, (877) 591-9979 Do not release the requested records to the deposition officer prior to the date and time stated above. a. fed by delivering a true, legible and durable copy of the business records described in item 3, enclosed in a sealed inner wrapper with the title and number of the action, name of witness, and date of subpoena clearly written on it, The inner wrapper shall then be enclosed in an outer envelope or wrapper, sealed, and mailed to the deposition officer at the address in item 1. oO ad by deliverin a true, legible and durable copy of the business records described in item 3 to the deposition officer at the witness's a id: ress, on receipt of payment in cash or by check of the reasonable costs of preparing the copy, as determined under Evidence Cade Section 1563(b). -O by making the original business records described in item 3 available for inspection at your business address by the attorney's representative and permitting copying at your business address under reasonable conditions during normal business hours. 2. The records are to be produced by the date and time shown in item 1 (but not sooner than 20 days after the issuance of the deposition subpoena, or 15 days after service, whichever. date is later). Reasonable costs of locating records, making them available or copying them, and postage, if any, are recoverable as set forth in Evidence Code Section 1563 The records shall be accompanied by an affidavit of the custodian or other qualified witness pursuant to Evidence Code Ch ction 1561. 3. The records to be produced are described as follows (if electronically stored information is demanded, the form or forms in which each type of information is to be produced may be specified): SEE ATTACHMENT 3. [xx Continued on Attachment 3. 4. IF YOU HAVE BEEN SERVED WITH THIS SUBPOENA AS A CUSTODIAN OF CONSUMER OR EMPLOYEE RECORDS UNDER CODE OF oui PROCEDURE SECTION 1985.3 OR 1985.6 AND A MOTION TO QUASH OR AN OBJECTION HAS BEEN SERVED ON YOU, A COURT OR AGREEMENT OF THE PARTIES, WITNESSES, AND CONSUMER OR EMPLOYEE AFFECTED MUST BE OBTAINED BEFORE Soo ARE REQUIRED TO PRODUCE CONSUMER OR EMPLOYEE RECORDS. DISOBEDIENCE OF THIS SUBPOENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLARS AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY, Date issued: January 25, 2024 EDWARD CAPEWELL, ESQ. EX CS (TYPE OR PRINT NAME) (SIGNATURE OF PERSON ISSUING SUBPOENA) Attorney for: DEFENDANT & CROSS- COMPLAINANT (TITLE) (Proof of service on page two) Page 1 of 2 Form Adapted for Mandatory Use DEPOSITION SUBPOENA FOR PRODUCTION Code of Civil Procedure, §§ 2020.410-2020.440; Judicial Counc! of Califomia ‘Government Code § 68097.1 ‘SUBP-010 (Rev. January 1, 2012] OF BUSINESS RECORDS ‘wvew.courts.ca.gov 08607708-01/CPROOF105 ATTACHMENT 3 DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS Forward Financing LLC DIYAR IRVINE, LLC, et al. v. SHADY ELZOHEIRY, et al. Orange County Superior Court, Case No, 30-2021 -01227546-CU-FR-CIC DEFINITIONS 1 The term “Forward Financing” means and refers to Forward Financing LLC, its corporate parents, subsidiaries, affiliates, predecessors, successors, assigns, employees, partners, members, agents, or representatives, and any other persons or entities acting on its behalf. 2. The terms “YOU” or “YOUR” mean and refer to Forward Financing and any PERSON acting on its behalf. 3 The term “PERSON” shall mean or refer to an individual (.¢., a natural person), corporation, limited liability company, partnership, joint venture, or any other form of business entity, and all agents or representatives (including directors, officers, sharcholders, managers, members, and attorneys) acting on behalf of that PERSON. 4. The terms “DOCUMENT” and “DOCUMENTS?” shall mean or refer to, without limitation, any writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained — translated, if necessary, into a reasonably useable form. DOCUMENT and DOCUMENTS specifically include, without limitation, electronically stored information, such as electronic mail and text messages. The terms DOCUMENT and DOCUMENTS also include all copies which are not identical to the original, such as those bearing marginal comments or other notations or 237905566.2 207866-10417 interlineations not present on the DOCUMENT or DOCUMENTS as initially written, typed, or otherwise prepared. 5 The terms “COMMUNICATION” and “COMMUNICATIONS” means any transmission of information by one or more persons and/or between two or more persons by any means, including but not limited to telephone conversations, letters, facsimiles, computer messages, written memoranda, electronic mail, and face-to-face communications. 6. The terms “RELATE TO” and “RELATING TO” shall be construed in their broadest sense to require information or documents which constitute, concer, support, pertain to, mention, evidence, support, describe, refer to (directly or indirectly), reflect, comment upon or summarize the subject of each of the requests for documents below. 7 The term “DIYAR IRVINE” means and refers to plaintiff and cross-defendant Diyar Irvine, LLC, a California Limited Liability Company, in the above-referenced case. 8 The term “GREEN CITY” means and refers to plaintiff and cross-defendant Green City Development, LLC, a California Limited Liability Company, in the above-referenced case. 8. “ELZOHEIRY” means and refers to defendant and cross-defendant Shady Elzoheiry, a resident of Orange County, California, and any other PERSONS, agents, representatives, attorneys, individuals or entities acting or purporting to act on ELZOHEIRY’s behalf. 10. “BASTIAN” means and refers to defendant and cross-defendant Vanessa Bastian, a resident of Orange County, California, and any other PERSONS, agents, representatives, attorneys, individuals or entities acting or purporting to act on BASTIAN’s behalf. 237905566.2 20786-10417 11. “ZAHYA VENTURES” means and refers to Zahya Ventures, Inc., a California corporation, and any other PERSONS, agents, representatives, attorneys, individuals or entities actingor purporting to act on ZAHYA VENTURES’s behalf. 12, “SADEK” means and refers to plaintiff and cross-defendant Sadek El Sewedy, a resident and citizen of the Arab Republic of Egypt, and any other PERSONS, agents, representatives, attorneys, individuals or entities acting or purporting to act on SADEK’s behalf. 13. “AHMED” means and refers to plaintiff and cross-defendant Ahmed El Sewedy, a resident and citizen of the Arab Republic of Egypt, and any other PERSONS, agents, representatives, attorneys, individuals or entities acting or purporting to act on AHMED’s behalf. 14, “KAZ INVESTMENTS” means and refers to defendant and cross-defendant Kaz Investments Management, Inc., a California corporation, and any other PERSONS, agents, representatives, attorneys, individuals or entities acting or purporting to act on KAZ INVESTMENTS’s behalf. 15. “KAZ LUXURY” means and refers to defendant and cross-defendant Kaz Luxury Homes, Inc., a California corporation, and any other PERSONS, agents, representatives, attorneys, individuals or entities acting or purporting to act on KAZ LUXURY’s behalf. 16. “EIGHT LUXE” means and refers to defendant and cross-defendant Eight Luxe Homes, Inc., a California corporation, and any other PERSONS, agents, representatives, attorneys, individuals or entities acting or purporting to act on EIGHT LUXE’s behalf. 17. “CARLYLE CAPITAL” means and refers to defendant Carlyle Capital, Inc., and any other PERSONS, agents, representatives, attorneys, individuals or entities acting or purporting to act on CARLYLE CAPITAL’S behalf, including but not limited to Mark Atalla and Andrew Abas. 237905566.2 207866-10417 INSTRUCTIONS In responding to each part of this DOCUMENT request, the following instructions shall apply: 1 Ifa request, read literally, requires the production of a part or portion of a DOCUMENT, the entire DOCUMENT shall be produced. 2. As to all requests, the singular shall include the plural, and the plural shall include the singular. 3 In all requests, the words “and” and “or” shall be construed both conjunctively and disjunctively, and each shall include the other wherever such dual construction will serve to bring within the scope of a request any DOCUMENT which would otherwise not be brought within its scope. 4 In all requests, the word “each” shall be construed to mean both “each” and “all,” and each shall include the other wherever such dual construction will serve to bring within the scope of a request any DOCUMENT which would otherwise not be brought within its scope. 5 As to all requests, the word “including” shall be construed as “including but not limited to.” 6 This request requires YOU to produce all DOCUMENTS that are in YOUR actual or constructive possession, custody or control or in the possession, custody or control of YOUR attorneys, accountants, representatives, consultants, agents, employees, or anyone else acting on YOUR behalf. 7. Where a request calls for the production of a DOCUMENT as to which a claim of privilege is asserted, please set forth the following with respect to each allegedly privileged DOCUMENT that is not produced: 4. The type of DOCUMENT; b. The date of the DOCUMENT; Cc. The name, business address, and title or position of the author(s) of the 237905566.2 207866-10417 DOCUMENT; d. The names, business address, and title or position of all PERSONS who have received a copy of the DOCUMENT; €. A general description of the subject matter of the DOCUMENTS; f. The basis upon which the claim of privilege is asserted; and & If YOUR response to a particular demand is a statement that YOU lack the ability to comply with that demand, YOU must affirm in YOUR response that a diligent search and a reasonable inquiry has been made in an effort to comply with that demand. This statement shall also specify whether the inability to comply is because the particular item or category never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in YOUR possession, custody, or control, in which case the name and address of any PERSON or entity known or believed by YOU to have possession, custody, or control of that DOCUMENT or category of DOCUMENTS should be identified. 8 This request requires the production of DOCUMENTS as they are kept in the usual course of business or organized and labeled to correspond with the particular demands set forth below. If YOU choose the former method, the DOCUMENTS are to be produced in the boxes, file folders, bindings or other containers in which the DOCUMENTS are found. The titles, labels, or other descriptions on the boxes, file folders, bindings or other containers are to be left intact. 9 All DOCUMENTS and COMMUNICATIONS originally stored in paper format in the ordinary course of business must be produced in database-ready format (like Concordance or Relativity) including TIF/JPG, OCR and necessary database loadfiles. All ESI must be produced in a litigation support database-ready format (like Concordance or Relativity) including TIF/JPEG, extracted text, necessary database loadfiles and standard metadata fields. Each TIF/JPG shall be consecutively numbered with a document control (i.e., Bates) number. If ESI 237905566,2 207866-10417 produced as a TIF/JPG is not reasonably reviewable as a TIF/JPEG (such as audio, video or Excel files), then the native file shall be produced, along with a slipsheet and metadata for the database. The slipsheet serves as a placeholder. DOCUMENTS and COMMUNICATIONS produced in native format because of an inability to provide TIF/JPG due to ESI file format also shall be assigned a document control (i.e., Bates) number stamped on the slipsheet. The same Bates number shall be used for the filename of the native file, for example, BATES001234.xls. DOCUMENTS TO BE PRODUCED 1 All DOCUMENTS RELATING TO any loan you made to KAZ INVESTMENTS between January 1, 2016, and December 31, 2021. 2. All DOCUMENTS RELATING TO any loan you made to ELZOHEIRY between January 1, 2016, and December 31, 2021. 3 All DOCUMENTS RELATING TO any loan you made to DIYAR IRVINE between January 1, 2016, and December 31, 2021, 4 All DOCUMENTS RELATING TO any joan you made to GREEN CITY between January 1, 2016, and December 31, 2021. 5 All DOCUMENTS RELATING TO any loan you made to KAZ LUXURY between January 1, 2016, and December 31, 2021. 6 All DOCUMENTS RELATING TO any loan you made to EIGHT LUXE between January 1, 2016, and December 31, 2021. 7 All DOCUMENTS RELATING TO any loan you made to BASTIAN between January 1, 2016, and December 31, 2021. 8 All DOCUMENTS RELATING TO any loan you made to ZAHYA VENTURES between January 1, 2016, and December 31, 2021. 9. All DOCUMENTS RELATING TO any loan you made to SADEK between January 1, 2016, and December 31, 2021. 10. All DOCUMENTS RELATING TO any loan you made to AHMED between January 1, 2016, and December 31, 2021. 237905566.2 207866-10417 11. All COMMUNICATIONS between YOU and KAZ INVESTMENTS sent or received between January 1, 2016, and December 31, 2021. 12. All COMMUNICATIONS between YOU and ELZOHEIRY sent or received between January 1, 2016, and December 31, 2021. 13. All COMMUNICATIONS between YOU and DIYAR IRVINE sent or received between January 1, 2016, and December 31, 2021. 14. All COMMUNICATIONS between YOU and GREEN CITY sent or received between January 1, 2016, and December 31, 2021. 15. All COMMUNICATIONS between YOU and KAZ LUXURY sent or received between January 1, 2016, and December 31, 2021. 16. All COMMUNICATIONS between YOU and EIGHT LUXE sent or received between January 1, 2016, and December 31, 2021. 17. All COMMUNICATIONS between YOU and BASTIAN sent or received between January 1, 2016, and December 31, 2021. 18. All COMMUNICATIONS between YOU and ZAHYA VENTURES sent or received between January 1, 2016, and December 31, 2021. 19, All COMMUNICATIONS between YOU and SADEK sent or received between January 1, 2016, and December 31, 2021. 20. All COMMUNICATIONS between YOU and AHMED sent or received between January 1, 2016, and December 31, 2021. 21. All COMMUNICATIONS between YOU and CARLYLE CAPITAL sent or received between January 1, 2016, and December 31, 2021. 237905566.2 207866-10417 EXHIBIT “B” COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS. SUPERIOR COURT CIVIL ACTION NO. TN RE: TOORAK CAPITAL PARTNERS LLC TO Forward Financing LLC c/o Corporate Creations Network, Inc. 225 Cedar Hill Street, #200 Marlborough, MA 01752 DEPOSITION SUBPOENA DUCES TECUM DOCUMENTS REQUESTED ONLY GREETINGS: YOU ARE HEREBY COMMANDED in the name of the Commonwealth of Massachusetts in accordance with the provisions of Rule 45 of the Massachusetts Rules of Civil Procedure to produce documents on April 1, 2024 at 10:00 AM at Beacon Hill Research, located at 25 Walnut Street, Suite 205, Wellesley Hills, Ma. 02481 in accordance with Attachment 3 hereto for use in an action styled Diyar Irvine, LLC et al. v. Toorak Capital Partners LLC, et al., Case No. 30-2021-01227546-CU-FR-C], State of California, Superior Court, County of Orange. You will not be required to testify if you produce the requested documents. HEREOF FAIL NOT as you will answer your default under the pains and penalties in the law in that behalf made and provided Page 1 of 2 a Dated: , 2024 Robert J. Harrington, BBO #566515 , Notary Public Law Offices of Robert W. Harrington, P.C. My Commission Expires: One Washington Mall Boston, MA 02108 (617) 248-0800 bharrington@rwhlawpe.com Page 2 of 2 Rule 45(f). Duties in Responding to a Subpoena (1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information: (A) Documents. A person responding to a subpoena that requires production of documents shalt produce them as they are kept in the ordinary course of business or shall organize and label them to correspond to the categories in the demand. : (B) Form for producing electronically stored information not specified. If a subpoena does not specify a form for producing electronically stored information, the person responding shall produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. (C) Electronically stored information produced in only one form. The person responding need not produce the same electronically stored information in more than one form. () Inaccessible electronically stored information. The person responding may object to the discovery of inaccessible electronically stored information, and any such objection shall specify the reason that such discovery is inaccessible, On motion to compel or for a protective order, the person claiming inaccessibility bears the burden of showing inaccessibility. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(f)(4)(C) and (D) . The court may specify conditions for the discovery. (2) Claiming Privilege or Protection. (A) Information withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material shall make the claim expressly and provide information that will enable the parties to assess the claim. A privilege log need not be prepared. (B) Information mistakenly produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. The provisions of Rule 26(b)(5)(B) and (C) are applicable. (3) Further Protection, Any person subject to a subpoena under this rule may move the court: (A) for a protective order under rule 26(c) or (B) to be deemed entitled to any protection set forth in any discovery or procedural order previously entered in the case. (g) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court in which the action is pending. Amended August 3, 1982, effective January 1, 1983; November 17, 1986, effective January 1, 1987; September 24, 2013, effective January 1, 2014, ATTACHMENT 3 DEPOSITION SUBPOENA FOR PRODUCTION OF BUSINESS RECORDS Forward Financing LLC DIYAR IRVINE, LLC, et al. v. SHADY ELZOHEIRY, et al. Orange County Superior Court, Case No. 30-2021-01227546-CU-FR-CJC DEFINITIONS 1 The term “Forward Financing” means and refers to Forward Financing LLC, its corporate parents, subsidiaries, affiliates, predecessors, successors, assigns, employees, partners, members, agents, or representatives, and any other persons or entities acting on its behalf. 2 The terms “YOU” or “YOUR” mean and refer to Forward Financing and any PERSON acting on its behalf. 3 The term “PERSON” shall mean or refer to an individual (i.e., a natural person), corporation, limited liability company, partnership, joint venture, or any other form of business entity, and all agents or representatives (including directors, officers, shareholders, managers, members, and attorneys) acting on behalf of that PERSON. 4 The terms “DOCUMENT” and “DOCUMENTS” shall mean or refer to, without limitation, any writings, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations stored in any medium from which information can be obtained — translated, if necessary, into a reasonably useable form. DOCUMENT and DOCUMENTS specifically include, without limitation, electronically stored information, such as electronic mail and text messages. The terms DOCUMENT and DOCUMENTS also include all copies which are not identical to the original, such as those bearing marginal comments or other notations or 237905566.2 207866-10417 interlineations not present on the DOCUMENT or DOCUMENTS as initially written, typed, or otherwise prepared. 5 The terms “COMMUNICATION” and “COMMUNICATIONS” means any transmission of information by one or more persons and/or between two or more persons by any means, including but not limited to telephone conversations, letters, facsimiles, computer messages, written memoranda, electronic mail, and face-to-face communications. 6 The terms “RELATE TO” and “RELATING TO” shall be construed in their broadest sense to require information or documents which constitute, concern, support, pertain to, mention, evidence, support, describe, refer to (directly or indirectly), reflect, comment upon or summarize the subject of each of the requests for documents below. 7 The term “DIYAR IRVINE” means and refers to plaintiff and cross-defendant Diyar Irvine, LLC, a California Limited Liability Company, in the above-referenced case. 8 The term “GREEN CITY” means and refers to plaintiff and cross-defendant Green City Development, LLC, a California Limited Liability Company, in the above-referenced case. 9. “ELZOHEIRY” means and refers to defendant and cross-defendant Shady Elzoheiry, a resident of Orange County, California, and any other PERSONS, agents, representatives, attorneys, individuals or entities acting or purporting to act on ELZOHEIRY’s behalf. . 10. “BASTIAN” means and refers to defendant and cross-defendant Vanessa Bastian, a resident of Orange County, California, and any other PERSONS, agents, representatives, attorneys, individuals or entities acting or purporting to act on BASTIAN’s behalf. 237905566.2 207866-10417 interlineations not present on the DOCUMENT or DOCUMENTS as initially written, typed, or otherwise prepared. 5 . The terms “COMMUNICATION” and “COMMUNICATIONS” means any transmission of information by one or more persons and/or between two or more persons by any means, including but not limited to telephone conversations, letters, facsimiles, computer messages, written memoranda, electronic mail, and face-to-face communications. 6 The terms “RELATE TO” and “RELATING TO” shall be construed in their broadest sense to require information or documents which constitute, concern, support, pertain to, mention, evidence, support, describe, refer to (directly or indirectly), reflect, comment upon or summarize the subject of each of the requests for documents below. 7 The term “DIYAR IRVINE” means and refers to plaintiff and cross-defendant Diyar Irvine, LLC, a California Limited Liability Company, in the above-referenced case. 8 The term “GREEN CITY” means and refers to plaintiff and cross-defendant Green City Development, LLC, a California Limited Liability Company, in the above-referenced case. 9 “ELZOHEIRY” means and refers to defendant and cross-defendant Shady Elzoheiry, a resident of Orange County, California, and any other PERSONS, agents, representatives, attorneys, individuals or entities acting or purporting to act on ELZOHEIRY’s behalf. 10. “BASTIAN” means and refers to defendant and cross-defendant Vanessa Bastian, a resident of Orange County, California, and any other PERSONS, agents, representatives, attorneys, individuals or entities acting or purporting to act on BASTIAN’s behalf. 237905566.2 207866-10417 i “ZAHYA VENTURES” means and refers to Zahya Ventures, Inc., a California corporation, and any other PERSONS, agents, representatives, attorneys, individuals or entities acting or purporting to act on ZAHYA VENTURES’s behalf. 12, “SADEK” means and refers to plaintiff and cross-defendant Sadek El Sewedy, a resident and citizen of the Arab Republic of Egypt, and any other PERSONS, agents, representatives, attorneys, individuals or entities acting or purporting to act on SADEK’s behalf. 13, “AHMED” means and refers to plaintiff and cross-defendant Ahmed El Sewedy, a resident and citizen of the Arab Republic of Egypt, and any other PERSONS, agents, representatives, attorneys, individuals or entities acting or purporting to act on AHMED’s behalf. 14, “KAZ INVESTMENTS” means and refers to defendant and cross-dofendant Kaz Investments Management, Inc., a California corporation, and any other PERSONS, agents, representatives, attorneys, individuals or entities acting or purporting to act on KAZ INVESTMENTS’s behalf. 15. “KAZ LUXURY” means and refers to defendant and cross-defendant Kaz Luxury Homes, Inc., a California corporation, and any other PERSONS, agents, representatives, attorneys, individuals or entities acting or purporting to act on KAZ LUXURY’s behalf. 16. “EIGHT LUXE” means and refers to defendant and cross-defendant Eight Luxe Homes, Inc., a California corporation, and any other PERSONS, agents, representatives, attorneys, individuals or entities acting or purporting to act on EIGHT LUXE’s behalf. 17. “CARLYLE CAPITAL” means and refers to defendant Carlyle Capital, Inc., and any other PERSONS, agents, representatives, attorneys, individuals or entities acting or purporting to act on CARLYLE CAPITAL'S behalf, including but not limited to Mark Atalla and Andrew Abas, 237905566.2 207866-10417 INSTRUCTIONS In responding to each part of this DOCUMENT request, the following instructions shall apply: 1 Ifa request, read literally, requires the production of a part or portion of a DOCUMENT, the entire DOCUMENT shall be produced. 2. As to all requests, the singular shall include the plural, and the plural shall include the singular. 3 In all requests, the words “and” and “or” shall be construed both conjunctively and disjunctively, and each shall include the other wherever such dual construction will serve to bring within the scope of a request any DOCUMENT which would otherwise not be brought within its scope. 4. In all requests, the word “each” shall be construed to mean both “each” and “all,” and cach shall include the other wherever such dual construction will serve to bring within the scope of a request any DOCUMENT which would otherwise not be brought within its scope. 5 As to all requests, the word “including” shall be construed as “including but not limited to.” 6. This request requires YOU to produce all DOCUMENTS that are in YOUR actual or constructive possession, custody or control or in the possession, custody or control of YOUR attorneys, accountants, representatives, consultants, agents, employees, or anyone else acting on YOUR behalf. 7. Where a request calls for the production of a DOCUMENT as to which a claim of privilege is asserted, please set forth the following with respect to each allegedly privileged DOCUMENT that is not produced: a. The type of DOCUMENT; b. The date of the DOCUMENT; Cc. The name, business address, and title or position of the author(s) of the 237905566.2 207866-10417 DOCUMENT; d The names, business address, and title or position of all PERSONS who have received a copy of the DOCUMENT; €. A general description of the subject matter of the DOCUMENTS; f. The basis upon which the claim of privilege is asserted; and 8 If YOUR response to a particular demand is a statement that YOU lack the ability to comply with that demand, YOU must affirm in YOUR response that a diligent search and a reasonable inquiry has been made in an effort to comply with that demand. This statement shall also specify whether the inability to comply is because the particular item or category never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in YOUR possession, custody, or control, in which case the name and address of any PERSON or entity known or believed by YOU to have possession, custody, or control of that DOCUMENT or category of DOCUMENTS should be identified. 8 This request requires the production of DOCUMENTS as they are kept in the usual course of business or organized and labeled to correspond with the particular demands set forth below. If YOU choose the former method, the DOCUMENTS are to be produced in the boxes, file folders, bindings or other containers in which the DOCUMENTS are found. The titles, labels, or other descriptions on the boxes, file folders, bindings or other containers are to be left intact. 9. All DOCUMENTS and COMMUNICATIONS originally stored in paper format in the ordinary course of business must be produced in database-ready format (like Concordance or Relativity) including TIF/JPG, OCR and necessary database loadfiles. All ES] must be produced in a litigation support database-ready format (like Concordance or Relativity) including TIEF/JPEG, extracted text, necessary database loadfiles and standard metadata fields. Each TIEF/JPG shall be consecutively numbered with a document control (i.e., Bates) number. If ESI 237905566.2 207866-10417 produced as a TIF/JPG is not reasonably reviewable as a TIF/JPEG (such as audio, video or Excel files), then the native file shall be produced, along with a slipsheet and metadata for the database. The slipsheet serves as a placeholder. DOCUMENTS and COMMUNICATIONS produced in native format because of an inability to provide TIF/JPG due to ESI file format also shall be assigned a document control (i.e., Bates) number stamped on the slipsheet. The same Bates number shall be used for the filename of the native file, for example, BATES001234.xls. DOCUMENTS TO BE PRODUCED 1 All DOCUMENTS RELATING TO any loan you made to KAZ INVESTMENTS between January 1, 2016, and December 31, 2021. 2. All DOCUMENTS RELATING TO any loan you made to ELZOHEIRY between January 1, 2016, and December 31, 2021. 3 All DOCUMENTS RELATING TO any loan you made to DIYAR IRVINE between January 1, 2016, and December 31, 2021. 4 All DOCUMENTS RELATING TO any loan you made to GREEN CITY between January 1, 2016, and December 31, 2021. 5 All DOCUMENTS RELATING TO any loan you made to KAZ LUXURY between January 1, 2016, and December 31, 2021. 6 All DOCUMENTS RELATING TO any loan you made to EIGHT LUXE between January 1, 2016, and December 31, 2021. 7. All DOCUMENTS RELATING TO any loan you made to BASTIAN between January 1, 2016, and December 31, 2021. 8 All DOCUMENTS RELATING TO any loan you made to ZAHYA VENTURES between January 1, 2016, and December 31, 2021. 9 All DOCUMENTS RELATING TO any loan you made to SADEK between January 1, 2016, and December 31, 2021. 10. All DOCUMENTS RELATING TO any loan you made to AHMED between January 1, 2016, and December 31, 2021. 237905566.2 207866-10417 1. All COMMUNICATIONS between YOU and KAZ INVESTMENTS sent or received between January 1, 2016, and December 31, 2021. 12. All COMMUNICATIONS between YOU and ELZOHEIRY sent or received between January 1, 2016,.and December 31, 2021. 13. All COMMUNICATIONS between YOU and DIYAR IRVINE sent or received between January 1, 2016, and December 31, 2021. 14. All COMMUNICATIONS between YOU and GREEN CITY sent or received between January 1, 2016, and December 31, 2021. 15. All COMMUNICATIONS between YOU and KAZ LUXURY sent or received between January 1, 2016, and December 31, 2021. 16. All COMMUNICATIONS between YOU and EIGHT LUXE sent or received between January 1, 2016, and December 31, 2021. 17. All COMMUNICATIONS between YOU and BASTIAN sent or received between January 1, 2016, and December 31, 2021. 18. All COMMUNICATIONS between YOU and ZAHYA VENTURES sent or received between January 1, 2016, and December 31, 2021. 19. All COMMUNICATIONS between YOU and SADEK sent or received between January |, 2016, and December 31, 2021. 20. All COMMUNICATIONS between YOU and AHMED sent or received between January 1, 2016, and December 31, 2021. 21. All COMMUNICATIONS between YOU and CARLYLE CAPITAL sent or received between January 1, 2016, and December 31, 2021. 237905566.2 207866-10417