Attorney’s for Gray1 CPB LLC, a San Diego based investment fund that secured a $9 million jury verdict against SunCal and SunCal CEO Bruce Elieff last month have asked an Orange County court to compel Mr. Elieff to submit to a deposition to disclose his assets. Gray1′s attorney’s say that Mr. Elieff and his attorney “failed to cooperate in any manner to re-schedule” a planned May 28, 2010 asset deposition, and that they both “failed to appear at Bruce [Elieff's] re-noticed June 30, 2010″ deposition.
In their court pleading, filed July 14th, reproduced below, the attorney’s write that “Bruce [Elieff] must be compelled to testify at his asset deposition and produce documents described in the asset deposition notice.” The court may hear the motion on August 18th.
Previously, Action Alameda News reported that Gray1 had secured a $7.9 million pre-judgment writ of attachment against Bruce Elieff’s personal assets, and SCC Acquisitions, Inc., SunCal’s “mothership” company. Last month, a jury reached a verdict in favor of Gray1, and by that time, the amount had grown to over $9 million.
Gray1 wants the deposition to gather information on Bruce Elieff’s and SCC Acquisition’s assets, including, personal and joint bank, brokerage, trust and IRA accounts, SCC Acquisitions, Inc. documents, such as the company’s articles of incorporation, and documents pertaining assets transferred by Elieff to his wife Kathy, over the past three years, as well as other documents and statements. Court pleadings note that the purpose of the deposition is to discover assets available to be attached under the writ of attachment. Gray1′s attorney’s also asked for monetary sanctions against Bruce Elieff and his attorney, Jeffrey Benice.
Earlier this year, Action Alameda News reported that the same court, Orange County Superior Court in Santa Ana had issued a bench warrant for the arrest of former SunCal CFO Edward Nolan to compel him to comply with a court order.