Execution of Judgment
Yvonne Adler
("Simpson has been systematically liquidating and hypothecating his assets in
order to finance his lifestyle")
EX PARTE APPLICATION FOR ORDER DIRECTING TURNOVER OF PROPERTY IN AID OF
EXECUTION OF JUDGMENT;
(Declarations of Peter B. Gelblum and Suzy Roth in Support thereof Filed
Concurrently Herewith)
Date: March 27, 1997
Judgement Entered On: March 10, 1997
Plaintiff and judgment creditor, Frederic Goldman, individually and as
personal representative of the Estate of Ronald Lyle Goldman, Deceased
("Goldman"), hereby makes ex parte application for an order directing
defendant and judgment debtor Orenthal James Simpson ("Simpson") to turn
over to the Los Angeles County Sheriff, as the levying officer on behalf of
Goldman, the personal property and documentary evidence of title to property
or debts owed to Simpson identified in Exhibit 1 hereto (the Subject
Property"). This ex parte application is made pursuant to Code of Civil
Procedure section 699.040 which permits the issuance of a turnover order based
on a showing of "need." A turnover order is needed based on the following:
1. Goldman is the holder of a judgment against Simpson entered March 10,
1997, in the principal (sic) sum of $19,725,100.00.
2. As of the date of this ex parte application, the judgment remains wholly
unsatisfied.
3. A writ of execution on Goldman's judgment was issue on March 25, 1996
(sic). Declaration of Suzy Roth.
4. The Subject Property described in Exhibit 1 has been identified by Goldman
through discovery or other means as property of Simpson and is necessary to
satisfy the judgment debt.
5. The relief sought is necessary and appropriate in aid of Goldman's efforts
to satisfy the judgment debt because of the likelihood that the Subject
Property will be made unavailable to levt without the issuance of a turnover
order.
6. Specifically, the levying officer must take possession of tangible personal
property in the possession or under the control of the judgment debtor in
order for the writ of execution to be levied upon that property. Code of
Civil Procedure #700.030. Immediate issuance of a turnover order on the
Subject Property is necessary.:
(a) to avoid disposition of the Subject Property by Simpson so as to prevent
Goldman from executing on such property. The threat of disposition, loss or
removal of the Subject Property is based on evidence of Simpson's systematic
liquidation and hypothecation of assets as described in the Gelblum
declaration filed in support hereof. Decl. of Peter Gelblum, #6-19;
(b) to provide Goldman an effective method of levy on the Subject Property.
The alternative method of obtaining the Subject Property for the purposes
enforcement of the judgment, consisting of a levy of a writ of execution by
the Sheriff to obtain possession of the Subject Property, will not provide
Goldman effective relief and may result in the disposition of the Subject
Property before such levy can be performed. SEE Decl. of Suzy Roth, # # 3-4
(in which the declarant states that the Sheriff's office generally does not
perform the levy on personal property for approximately three to four weeks
from the date the writ of execution is provided to the Sheriff's office
because of a backlog of levy requests); and
(c) to facilitate levy of the writ of execution on the Goldman judgment. The
writ can be levied on the Subject Property as soon as it comes into the
Sheriff's possession. In light of the intense public attention to Simpson,
this means of enforcement is less intrusive to him and could avoid the
circus-like atmosphere which may accompany the Sheriff's levy at Simpson's
residence.
7 Based upon the foregoing and the pleadings submitted herewith, the turnover
order requested herein is "needed" and necessary and appropriate to preserve
and protect the Subject Property by having possession thereof given to the
Sheriff's office for the levy of the writ of execution and issuance of an
order for execution and sale thereof.
This ex parte application is made and based on this application, the
memorandum of points and authorities attached hereto, the declarations of
Peter B. Gelblum and Suzy Roth filed concurrently herewith, the accompanying
declaration re twenty-four hour notice and proposed order directing turnover
of property, and on such either oral and documentary evidence and arguments of
counsel as may be properly presented at the hearing on this application.
WHEREFORE, Goldman requests that an order be issued pursuant to Code of
Civil Procedure section 699.040 directing defendant and judgment debtor
Orenthal James Simpson to turn over within seven (7) days of the date of
service of such order the property identified in Exhibit 1 attached hereto to
the Los Angeles County Sheriff, West Los Angeles Substation, located at 1633
Purdue Avenue, Los Angeles, California 90025.
Dated: March 26, 1997 Mitchell, Silberberg & Knupp LLP
Daniel M. Petrocelli
Edward M. Medvene
.Thomas P. Lambert
Peter B. Gelblum
Exhibit 1
1. Bucellati Quirinale flatware (consisting of 11 knives, 11 forks, 11
teaspoons, 11 salad forks, 7 soup spoons, 2 vegetable servers;
2. Chinese enameled porcelain fish bowl;
3. Lamp Wisteria shade with bronze base;
4. Dragonfly stained glass table lamp;
5. Rose and Leaf stained glass floor lamp;
6. Wisteria stained glass table lamp;
7. Steuben blown glass trophy
8. Japanese cloisonne enameled sparrows and butterflies vase 9" high;
9. Chinese cloisonne quatrefoil jardiniere (sic) eary 20th century 18' wide
and 8" high;
10. Tulip lamp with bronze base;
11. Chinese coromandel lacquer 8 panels floor standing screen 144" wide by 96"
high;
12. Korean Elm Tonsu;
13. Oil on cotton canvas-"En Grisaille Market Place," signed: Smd Surast Ha,
Ubud. Bali 52-1/2"x35" framed;
14. Serigraph-"O.J. Simpson" by Andy Warhol;
15. Oil on canvas "Repose" two women seated in a purple surround by Barbara
Wood 30"x40";
16. Chinese polychrome lacquered coffer;
17. Metal sculpture-"The Tennis Player" by Gene Logan;
18. Heisman Memorial Trophy with plaque, 1968, 17-1/2";
19. Colored oil sticks on paper "O.J. Simpson" by Jack Havey;
20. Oil on canvas "Still Life With Football Helmet, Hersey and Shoes," signed
and dated Keith Compton, 1979 20"x24" framed;
21. Four #32 football jerseys;
22. Buffalo Bill's football helmet #32;
23. 10 Commemorative footballs;
24. Swedish Camphor carved glass presentation garniture 12-1/2"x8-1/4";
25. Collection of awards and trophies-72 total (42 free standing sculptural
achievement, 30 wall plaques and certificates);
26. Welded metal sculpture "O. J. Simpson" by Gene Logan 5'10";
27. Red tulip lamp with junior floor base
28. Lily pond floor lamp;
29. Oriental poppy senior floor base with shade;
30. Lily pond table lamp;
31. Lalique-2 swans;
32. Lalique-2 bagatelle vases;
33. Oil-"Still Life" by F. Baboulet;
34. Oil-"Flower Market" by C. Jereczek;
35. Oil-"Garden Party;
36. Oil-"The Park"
37. Acrylic-"Rue Des Marches
38. Acrylic-"Harness Shop"
39. "Petunias" Susan Rios 1982 30"x32";
40. Descending lotus base and shade;
41. Two Lalique swans;
42. One set Lalique bookends
43. One set Lalique birds (one head up, one head down);
44. Two Lalique cats, one sitting, one laying;
45. Three Lalique bluebirds;
46. Lalique rooster;
47. Lalique bowl with children;
48. Baccarat bull;
49. One Lalique owl;
50. One Lalique "Osmonde" vase
51. One Lalique Bagatelle vase;
52. One pair Baccarat "Versailles" medium candle sticks;
53. One pair Baccarat "Versailles" small candle sticks;
54. One Baccarat candlesticks
55. One Baccarat tall vase;
56. One Baccarat small vase;
57. One Baccarat buffalo;
58. Two Steuben glass hearts, abstract paperweight;
59. Baccarat "Massena" 12 goblets;
60. Baccarat "Massena" 11 clare (sic) wines;
61. Baccarat "Massena" 10 flutes;
62. Baccarat "Massena" 10 white wines;
63. Baccarat "Massena" 12 hi-balls;
64. Baccarat "Massena" 11 DOF
65. Rotary decanter
66. Rotary--4 DOF;
67. Rotary-Alsace decanter;
68. 16 five-piece place settings Limoge Bernaurdaud Vulcain;
69. One Limoge Vulcain coffee pot;
70. 7 Baccarat "Dom Perignon" champagne glasses;
71. Baccarat Massena crystal; water, red wine, white wine. Champagne (34
glasses total);
72. 1 fish platter;
73. 1 meat platter;
74. One Baccarat champagne bucket;
75. One Baccarat water pitcher;
76. Photograph of O.J. Simpson, the giant photograph (approximately 48"x60")
is an original piece of art by Antonio Guccione;
77. Chinese hand knotted and embossed wool rug
78. Chinese hand knotted and embossed wool rug;
79. Persian hand knotted wool rug;
80. Persian hand knotted wool rug;
81. Chinese hand knotted wool rug;
82. Gentleman's 18 karat gold Rolex wristwatch;
83. Diamond and 14 karat gold presentation ring inscribed Buffalo Bills Honor
Roll, 1980;
84. 14K WG diamond necklace with 89 diamonds;
85. Platinum diamond ring with three diamonds;
86. 14KT YG diamond straight line bracelet with 52 diamonds;
87. 14KT YG pendant with one diamond, herringbone chain;
88. Opera length cultured pearl necklace, rose overtone;
89. 18KT YG emerald and diamond bangle bracelet with 17 diamonds;
90. 14KT YG diamond bangle bracelet with 25 diamonds;
91. 14 KT YG diamond stick-pin with one diamond;
92. 18KT YG "Rolex" ladies watch, oyster perpetual movement, president
bracelet, serial # 6674812;
93. Art Deco platinum watch set with diamonds;
94. Earring set with diamonds;
95. Pair 14KT WG diamond studs;
96. Yellow metal ring with blue stone, inscribed "Pro Football Hall of Fame,
O.J. impson 1985 Running back."
97. Dark ranch mink full length coat; double breasted double notched;
98. Natural silver fox stroller coat;
99. Natural Canadian full length coat;
100. Natural Starlite amber fox full length coat; # 101 missing
102. Sterling silver presentation cigarette box;
103. 1996 Chevrolet Suburban;
104. Any and all golf clubs and golf clubs (DON'T YOU JUST LOVE THIS?)
105. Stock and/or share certificates in any corporation, limited liabilty
company, or trust, including but not limited to all stock or share
certificates held by Simpson in O.J. Simpson Enterprises, In., Orenthal
Productions, Inc., Pigskins, Inc., Sydney Brooke, Inc, and West Coast
Golf,Inc.
106. Country Club memberships, including but not limited to membership in
Riviera Country Club;
107. Promissory notes payable to Simpson and/or as to which Simpson is the
holder, including, without limitation, any promissory notes from Louis H.
Brown and/or Juditha Brown.
101.
102. .