Professional Documents
Culture Documents
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LAW OFFICES
MARSHALL S. ZOLLA
A PROFESSIONAL. CORPORATION
' FILED
LOS ANCIEL.BS SUPSRtOR COURT
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2029 CENTURY PARK EAST
SUITE I 020 FEB 04 20~
JOHN~.9.-~~~::~ER~
LOS ANGELES, CAIJFORNIA 90067-29 I I
4 (3 I Ol 407-0770
5
Marshall S. Zolla,. Esq., State Bar No. 35295
Leonard J. Meyberg, Jr., Esq., State Bar No. 38096
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IN RE MARRIAGE OF MUSK DECLARATION OF LEONARD J. MEYBERG, JR.
I:IWPDATAIMUSK\Plcadings\dec ljm 020410.wpd
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1 ATTACHMENT 8 TO RESPONSIVE DECLARATION TO NOTICE OF MOTION
2
3 8. OTHER RELIEF (specify):
4 Respondent. Jennifer Justine Musk, requests the following orders:
5 A. Petitioner, Elon Musk's Motion to Compel Discovery etc. is denied in its
6 entirety.
7 B. In the alternative, Respondent requests the following relief:
8 1. Wit~out-waiving the objections Respondent interposed in her earlier
9 Responses to Petitioner's Requests for Admission of Truth of Facts, ("RFA's") Respondent is
10 ordered to submit supplemental responses to the RFA's Nos. 14, 15, 23, 24, 27, 28, 29, 30, 31, 32,
11 36, 41, 43, 47, 49, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76,'77, 78, 79, 80, 82, 83, 91, 92, 93, 95, 96,
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-o; 12 97, 99, 100, 101, 103, 104, 105, 107, 108, 109, 111, 112, 113, 115, 116, 118, 119, 121, 122, 124,
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177, 183, 184, 185, 189, 191, 192, 193, 194, 195, 196, 197, 206, 207, 208, 209, 210, 222, 223, 224,
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250, 251, and Form Interrogatory 17.1. which, because there were no responses to the interrogatory
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::g applicable to those RFA's to which she objected, will contain objections as appr~priate.
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Ng 19 44, 45, 86. 87. 89, 133. 164, 165, 198. 218. 219. 220. 221. and Form Interrogatory 17.1 in connection
20 to these RFA's are sustained, and no supplemental responses are required.
21 3. Respondent shall respond to the RFA's, set forth in Paragraph 8.B.1
22 and applicable Form Interrogatory 17.1. in response to these requests, by February 26, 2010.
23' 4. Petitioner's request for monetary sanctions is denied.
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IN RE MARRIAGE OF MUSK ATTACHMENT 8
l:IWPDATAIMUSK'<>pp01.motiontoeomp~.ditcovuyete\atuehB.wpd
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PROOF OF SERVICE
MUSK and MUSK
2 BD487602
3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES:
4 I am employed in the County of Los Angeles, State of California. I am over the age of 18 years and
am not a party to the within action. My business address is 2029 Century Park East, Suite 1020, Los
5 Angeles, California 90067. On February 4, 2010, I caused the foregoing document(s) described as
DECLARATION OF LEONARD J. MEYBERG, JR. to be served on the interested parties in this
6 action as follows:
7 181 . by placing D the original 181 a true copy thereof enclosed in sealed envelopes addressed as
follows:
8
Todd A. Maron Esq.
9 Jaffe & Clemens
433 North Camden Drive
10 Suite 1000
Beverly Hills, CA 90210
11 Fax: (310) 271~8313
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N Cl D BY MAIL: I am "readily familiar" with the firm's practice of collection and processing
~ c:i13 correspondence for mailing. Under that practice it would be deposited with the U.S.
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... 0 Postal Service on that same day with postage thereon fully prepaid at Los Angeles,
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~;:Ill cn California in the ordinary course of business. I am aware that on motion of the party
~ ~ < served, service is presumed invalid if the postal cancellation date or postage meter date
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:I~~~ ~15 is more than one day after date of deposit for mailing in the affidavit.
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~~a: J16 D BY OVERNIGHT .COURIER: I caused such envelope to be placed for collection and
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u delivery on this date in accordance with standard _ _ _ _ _ _ _ _ __
delivery procedures.
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< ~ ~18 181 BY FAX: In addition to service by mail, I transmitted a copy of the foregoing
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document(s) this date via telecopier to the facsimile numbers shown above.
~ ~19 D BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the
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[State] I declare under penalty of perjury under the laws of the State of
21 California that the foregoing is true and correct.
22 D [Federal] I declare under penalty of perjury that the foregoing is true and
correct.
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24 Executed on February 4, 2010, at Los Angeles, California.
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- FOR COURT USE ONLY
FL-320
ATTORNEY OR PARTY WITHOUT Ai:TORNEY (Name, state bar number, and address}:
MARSHALL S. ZOLLA, ESQ. - SBN35295
I-LEONARD J. MEYBERG, JR.' ESQ. - SBN3809.6
LAW OFFICES OF MARSHALL S. ZOLLA, APC
2029 CENTURY PARK EAST, SUITE 1020
LOS ANGELES, CA 90067
TELEPHONE NO.: (310)407-0770 FAX NO.: (310)407-0776
.FILED
ATI'ORNEY FOR (Name}: JENNIFER JUSTINE MUSK S~r CoUrt of California
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES unty of Los Angeles
STREETADDRESS: 6230 SYLMAR AVENUE
MAILINGADDRESS: 6230 SYLMAR AVENUE JAN 04 2010 (Jr/
CITY AND ZJP CODE: VAN NUYS I CA 91401
JohnA. Clarie E .
BRANCHNAME: NORTHWEST DISTRICT
PETITIONER/PLAINTIFF: ELON MUSK
By ff~'=Offi0<t/ Ciak
JJ::..'<~Y ~ y , Deputy
RESPONDENT/DEFENDANT: JENNIFER JUSTINE MUSK
EXPARTE
CASE NUMBER:
RESPONSIVE DECLARATION TO ORDER TO SHOW CAUSE
OR NOTICE OF MOTION
HEARING DATE: TIME: DEPARTMENT OR ROOM: BD487602
January 4, 2010 8: 3 0 A . M. NW "K"
1. 0 CHILD CUSTODY
a. D I consent to the order requested.
b. D I do not consent to the order requested but I consent to the following order:
2. 0 CHILD VISITATION
a. D I consent to the order requested.
b. D I do not consent to the order requested but I consent to the following order:
3. 0 CHILD SUPPORT
a. D I consent to the order requested.
b. D I consent to guideline support.
c. D I do not consent to the order requested, but I consent to the following order:
(1) D Guideline
(2) D Other (specify):
4. 0 SPOUSAL SUPPORT
a. D I consent to the order requested.
b. D I do not consent to the order requested.
c. D I consent to the following order:
Page1 of2
Form Adopted for Mandatory Use
Judicial Council of Califomla
RESPONSIVE DECLARATION TO ORDER TO SHOW CAUSE ~
FL~20 !Rev. January 1, 2003) OR NOTICE OF MOTION So~ii~
- - - - - - - - -- -- - -- -- - -- - - - - - - - - - - - -- -- - - -- -- - -
PETITIONER/PLAINTIFF: ELON CASE NUMBER:
6. 0 PROPERTY RESTRAINT
a. D I consent to the order requested.
b. D I do not consent to the order requested.
c. D I consent to the following order:
7. 0 PROPERTY CONTROL
a. DI consent to the order requested.'
b. DI do not consent to the order requested.
c. D I consent to the following order:
NOTE: To respond to a request for domestic violence restraining orders requested in the Request for Order (Domestic Violence
Prevention) (form DV-100) you must use the Answer to Temporary Restraining Order (Domestic Violence Prevention) (form
DV-120). '
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
FL-320 (Rev. January 1, 2003) RESPONSIVE DECLARATION TO ORDER TO SHOW CAUSE Page 2 of2
OR NOTICE OF MOTION
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F. On December 2, 2009, Mr. Zolla sent Mr. Clemens a letter in response to the
20 deadlines in his November 30 letter advising that there are mostly areas of agreement. Mr. Zolla
21 requested one date change and accepted all the other dates, including the date of the discovery cut-off
22 for non-expert discovery related motions on January 22. 2010. (Declaration of Marshall S. Zolla ~7;
23 Exhibit C.)
24 G. On December 3, 2009, Mr. Clemens sent Mr. Zolla another letter setting forth the
25 agreed upon discovery deadlines. Once again Mr. Clemens set the last date for discovery motions to
26 be heard for matters other than non-expert discovery matters on January 22. 2010. (Declaration of
27 Marshall S. Zolla ~8; Exhibit D.)
28 It is clear from the sequence of events set forth above that it was Elon Musk's attorneys
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IN RE MARRIAGE OF MUSK MEMORANDUM OF POINTS AND AUTHORITIES
l:\WPDATAIMUSK\oppos. ex parte.extend dcadline\rnpa.wpd
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1 decision to select January 22 as the discovery cut-off date and not a later date. It was their judgment
2 call. It was their choice. It was their insistence. They knew on November 24, the day of the
3 conference call with the Court, and the same day they sent their Notice of Ruling, of these discovery
4 cut-off dates that they themselves hand-picked and selected. They also knew on November 18 when
5 they sent their meet and confer letter that they would likely file a Motion to Compel. Yet, they
6 waited over a month to file their Motion until December 29, 2009, and they knowingly set the
7 hearing for February 9, 2010, notably 18 days after their self-imposed and self- created discovery
8 cut-off deadline.
9 Based on the reasons below. Elon Musk's ex parte a1mlication should be denied:
10 First: No Emergency circumstance exists under California Rules of Court, Rule
11 3.1202(c), because, as case law illustrates, self-created emergencies are not sound or legitimate
emergencies. (Davenport v. Blue Cross ofCalifornia (1997) 52 Cal.App.4th 435.) Elon Musk's
counsel simply waited too long to file and serve their Motion. It's as simple as that. They chose a
discovery cut-off date and then. waited to file a Motion and set it for hearing weeks after their insisted
upon January 22, 2010 cut-off date. There is no good faith reason not to adhere to the dates they
selected and insisted upon.
Second: According to Los Angeles Superior Court, Local Rule 14.27: "Ex parte
applications and orders, including notice thereof, must comply with California Rules of Court, rule
3.1200 et seq., except for good cause shown or as otherwise provided by law, such as Domestic
20 Violence Protection Act proceedings under which orders may be issued with or without notice as
21 prescribed in Family Code section 6300." Local Rule 7.120)(3) further provides: "When the rules
22 permit an ex parte application or communication to the court in an emergency situation, a lawyer
23 should make such application or communication (including an application to shorten an otherwise
24 applicable time period) only where there is a bona fide emergency such that the lawyer's client will
25 be seriously prejudiced by a failure to make the application or communication on regular notice."
26 II.
27 NO EXIGENT CIRCUMSTANCES EXIST FOR THE REQUESTED EX PARTE RELIEF
28 California Rules of Court, Rule 3.1202(c), provides that: "[a]n applicant must make an
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IN RE MARRIAGE OF MUSK MEMORANDUM OF POINTS AND AUTHORITIES
l:\WPDATAIMUSK\oppos. ex pane.extend dcadline\mpa.wpd
1--
1 affirmative factual showing in a declaration containing competent testimony based on personal
2 knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex
3 parte." It is well settled in California that "[s]ince due process requires reasonable notice and an
4 opportunity to be heard, ex parte orders are issued with caution and only under extraordinary
5 circumstances." (Hogoboom and King, California Practice Guide: Family Law (The Rutter Group
6 2009) Paragraph 5.214.) It is further well settled in California that Declarat_ions submitted with ex
7 parte applications requesting orders extending time must show "good cause" for such requested ex
8 parte relief. (Hogoboom and ~ng, California Practice Guide: Family Law (The Rutter Group 2009)
9 Paragraph 9:358-9:359.) Similarly, a request for an order shortening time must be supported by a
10 Declaration showing "good cause." A mere lack of time for statutory notice is not a sufficient
11 showing. (Hogoboom and King, California Practice Guide: Family Law (The Rutter Group 2009)
Paragraph 9.364.)
27 situation. Blue Cross was prejudiced by the issuance of an injunction which would have the effect of
28 rending arbitration a hollow formality." (Id. at 454-455; emphasis added.)
4
IN RE MARRIAGE OF MUSK MEMORANDUM OF POINTS AND AUTHORITIES
l:\WPDATAIMUSK\oppos. ex partc.cxtcnd dcadlinclmpa.wpd
1 This case is analogous to Davenport in the sense that Elon Musk and no one else created
2 the emergency situation he now finds himself in. As the plaintif'insured did in Davenport, he sat on
3 his rights and delayed in timely filing his Motion to Compel. Elon Musk's attorneys initially chose
4 January 8, 2010 as the last day to hear motions on non-expert related discovery matters. They shortly
5 thereafter chose January 22, 2010 as the last day to have motions heard on non-expert related
6 discovery matters. They then confirmed that date over and over again in correspondence sent to Mr.
7 Zolla's office. They could have extended this deadline while on the conference call with the Court
8 and Mr. Zolla on November 24, 2009. They could have requested a later date after that conference
9 call. Yet, they chose not to do so. In fact, they insisted upon that date and no other date. As the old
10 expression goes, "They made their bed. Now they have to lie in it." They cannot use the ex parte
11 statute as an end run or back door to fix the late filing of their Motion. They missed the deadline and
there is no good faith or justifiable reason why that deadline should now be extended. Accordingly,
Elon Musk's instant ex parte application should be denied.
Ill .
SUCH EX PARTE RELIEF IS NOT ALLOWED UNDER
2 rules were designed. Accordingly, Elon Musk's instant ex parte application should be denied.
3 IV.
4 CONCLUSION
5 Based on the foregoing, Elon Musk's ex parte application to either advance his Motion to
6 Compel to January 22, 2010 or to extend the deadline for hearings on non-expert discovery motions
9 Law Offices
MARSHALL S. ZOLLA
10 A Professional Corporation
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IN RE MARRIAGE OF MUSK MEMORANDUM OF POINTS AND AUTHORITIES
l:\WPDATAIMUSK\oppos. ex pane.extend dudlinelmpL1vpd
1 DECLARATION OF MARSHALL S. ZOLLA
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-12 Todd Maron, and Declarant participated in a conference call with the Court in order to clarify trial
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;)3 dates, trial deadlines and discovery deadlines. Since Leonard J. Meyberg, Of Counsel to Declarant' s
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20 4. On November 24, 2009, Mr. Clemens, Mr. Luboff, Mr. Maron, and Declarant
21 participated in a second confe!ence call with the Court in order to confirm the trial dates, trial
22 deadlines and discovery deadlines. The Court set the Bifurcated Trial for May 3, 4, 5, 6, and 7, 2010
23 in Department NW "K." The Court further ordered that deadlines for discovery and motions relating
24 to discovery shall be governed by the provisions of the applicable statutes and rules of court. Those
25 deadlines were to be calculated as ifthe date initially set for trial had been January 23, 2010.
26 5. Shortly after the telephone conference with the Court, Declarant had a
27 telephone conference with Mr. Clemens, Mr. Luboff and Mr. Maron regarding the discovery
28 deadlines. That same day, November 24, 2009, Mr. Luboff sent Declarant a letter enclosing a Notice
1
IN RE MARRIAGE OF MUSK DECLARATION OF MARSHALL S. ZOLLA
l:\WPDATA\MUSK\oppos. parte.tl<lcnd deadlinc\dccl.msz..wpd
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1 of Ruling concerning the Bifurcated Trial Dates, trial deadlines and discovery deadlines. In his
2 letter, Mr. Luboff set forth the agreed-upon and Court-approved discovery and motion deadlines,
3 including discovery motions. Paragraph 3 of the Notice of Ruling set forth confirmation of all
4 discovery deadline dates. statutorily linked to a Januazy 23. 2010 initial trial date. (A true and correct
5 copy of Mr. Luboff's November 24, 2009 letter enclosing the Notice of Ruling is attached as
6 Exhibit A.)
7 6. On November 30, 2009, Mr. Clemens sent Declarant a letter setting forth
8 adjusted discovery deadlines. Mr. Clemens advised that the changes were consistent with Mr.
9 Luboff's November 24 letter, which stated that he might have to reschedule certain deadlines if those
10 deadlines were impacted by the rescheduling of the meet and confer session or the reconvening of
11 Justine's deposition. Mr. Cleri1ens confirmed that the last date for discovezy motions to be heard for
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-12 matters other than non-expert witnesses was on January 22. 2010. (A true and correct copy of Mr.
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Clemens' November 30, 2009 letter is attached as Exhibit B.)
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i:i: ... a: (J)L~1 motions of Januazy 22. 2010. (A true and correct copy ofDeclarant's December 2, 2009 letter is
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8. On December 3, 2009, Mr. Clemens sent Declarant another letter setting forth
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20 the agreed-upon discovery deadlines. Once again Mr. Clemens confirmed the last date for discovery
21 motions to be heard for matters other than non expert witnesses on January 22. 2010. (A true and
22 correct copy of Mr. Clemens' November 30, 2009 letter is attached as Exhibit D.)
23 9. Having refused and rejected other attempts at accommodation of dates, Elon
24 Musk's counsel now seeks, by their ex parte application, a unilateral alteration to accommodate the
25 untimely and late filing of yet another one of their discovery Motions. No good cause exists to grant
26 their unsupported requests, paliicularly after their insistence on strict adherence to statutory linkage
27 to the January 23 date.
28 I ll
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IN RE MARRIAGE OF MUSK DECLARATION OF MARSHALL S. ZOLLA
I:IWPDATA\MUSK\oppos. ex parte.""1cnd dcadline\decl.msz.wpd
1 SERVICE OF JUSTINE'S RESPONSES TO DISCOVERY
3 10. On October 20, 2009, Elon Musk served Justine with Requests for Admission
4 of Facts and Judicial Council Form Interrogatories-General, Set One.
5 11. On November 18. 2009, before the second conference call with the Court and
6 before the various letters from Elon Musk's counsel regarding the discovery deadlines, Declarant
7 served Justine's Responses to Requests for Admission of Facts and Responses to Form
8 Interrogatories-General. On November 18, 2009, Mr. Clemens sent Declarant a meet and confer
9 letter regarding Justine's Responses.
10 12. On December 29, 2009, at the end of the day, Declarant was served with Elon
11 Musk's Motion to Compel Discovery, etc. with a hearing set for February 9. 2010. after the
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-12 discovery deadline confirmed by Elon Musk's counsel.
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~ ~3 ELON MUSK'S EX PARTE NOTICE AND JUSTINE'S RESPONSE
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0 ~~ct: j6 2010." This was done after Elon's Motion was filed and served for February 9, 2010.
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~NO~9 I declare under penalty of perjury under the laws of the State of California that the
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20 foregoing is true and correct.
21 Executed on December 31, 2009, at Los Angeles: California.
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IN RE MARRIAGE OF MUSK DECLARATION OF MARSHALL S. ZOLLA
l:\WPDATA\MUSK\oppos. ex pane.extend deadline\decl.msz.wpd
1.
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~O~NEf OR PARlY WITHOuf ATTORNEY (Name, S , and address): ' ... FOR COURT USE. ONLY
FL-105/GC-120
to
to
to
to
b. Child's name Place or birth Date of birth Sex
XAVIER MUSK LOS ANGELES 4/17/04 M
C!:} (IfResidence Information ts the same as ~lven above for child a.
NOT the same, provide the Information below.)
Perlod or residence Address Person child lived with (name and present address) Relellonship
BIRTH
to present D Confidential PETITIONER AND RESPONDENT PARENTS
.
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c. ~ Additional children are listed on Attachment 3c.(Provide all requested information for additional children.)
Page 1 of2
Form Approved for Opllonal Use DECLARATION UNDER UNIFORM CHILD CUSTODY Family Code, 3400 el seq.
Judicial Council of California Probate Code, 1510(f), 1512
FL-105/GC-120 [Rev. Jenuary 1, 2007) JURISDICTION AND ENFORCEMENT ACT (UCCJEA) www.covrtlnfo .ca.gov
fQ) Martin Drnn~
MUSEL
~ EmNnAL FORM~
MARRIAGE OF MUSK
a
4. Have you participated as a party or witness or In some other capacity in another litigation or custody proceeding, in California or
elsewhere, concerning custody of a child subject to this proceeding?
u:} No D
Yes (If yes, provide the following information):
b. I was a: Dparty D
witness CJ other (specify) :
c. Court (specify name, state, location) :
5. Do you have information about a custody proceeding pending in a California court or any other court concerning a child in this case,
other than that stated in item 4?
u:} No D Yes (ff yes, provide the following information):
d. Status of proceeding:
6. D One or more domestic violence restraining/protective orders are now in effect. (Attach a copy of the orders if you have one.)
The orders are from the following court or courts (specify county and state):
a. CJ Criminal: County/state: c. D Juvenile: County/state:
Case No. (if known) : Case No. (If known) :
b. D Family: County/state: d. D
Other: County/state :
Case No. (if known): Case No. (if known): - - - - - - - - - - - - -
7. Do you know of any person who Is not a party to this proceeding who has physical custody or claims to have
custody of or visitation rights with any child in this case?
u:} No DYes (If yes, provide the following information):
a. Name and address of person b. Name and address of person c. Name and address of person
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and
Date: JUNE 16, 2008
EI.ON M!JSK
(TYPE OR PRINT NAME)
NOTICE TO DECLARANT: You have a continuing duty to inform this court if you obtain any information about a custody
proceeding in a California court or any other court concerning a child sub"ect to this proceeding.
FL-105/GC-120 [Rev. January 1, 2007] DECLARATION UNDER UNIFORM CHILD CUSTODY Pago 2 of 2
.. -t~=='====~~
ATTORNE'i' OR PARlY WITHOUT ATTORNEY {Name, Shi 'illmbet; I/Id ltddrt1u):
;;.___ _ _ _ ___._----:.F..=L~15=.0 ;)~.' I
FORCOURTU$EONLY
MARSHALL S. ZOLLA, ESQ. - SBN35295
DEBORAH ELIZABETH ZOLLA, ESQ. - SBN221960
LAW OFFICES OF MARSHALL S. ZOLLA, APC
- 2029 CENTURY PARlt EAST, SUITE 1020
~ LOS ANGELES, CA 90067
TELEPHONENO~ (310) 407-0770
E-MAJLADDRESS{OplfonllJ: msz@zolla1aw.com
FILED
SANOELES SUl>ER OR COURT
ATTORNEYFOR N1me: JENNIFER JUSTINE MUSK
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
111 NORTH HILL STREET
STREETADDRESS:
111 NORTH HILL STREET
MAILINGADDRESS:
CITYANDZIPCODE: LOS ANGELES, CA 90012
BRANCH NAME: CEN'l'RAL DIS'l'RIC'l'
PETITIONER/PLAINTIFF: ELON 'MUSK
RESPONDENT/DEFENDANT: JENNIFER JUSTINE MUSK
OTHER PARENT/CLAIMANT:
CASE NUMBER:
INCOME AND EXPENSE DECLARATION BD487602
1. Employment (Give Information on yourcurrentjob or, If you're unemployed, your most tecentjob.)
a. Employer: Self Employed
Attach copies b. Employer'saddress: 1105 Bel Air Place, Los Angeles, CA 90077
of your pay c. Employer's phone number: 323-420-3991
stubs for last d. Occupation: Author
two months
e. Date job started: Approximately 2000
(black out
social f. If unemployed, date job ended:
security g. I work about hours per week.
numbers). h. I get paid $ gross (before taxes) D per .month D per week D per hour.
(If you have more than one job, attach an BYa-by-11-lnch sheet of paper and llst the same Information as above for your other
Jobs. Write "Question 1-0ther Jobs" at the top.)
2. Age and education
.) My age is (specify): 3 6
a.
I have completed high school or the equivalent: IJ[] Yes D No If no, highest grade completed (specify):
I;>.
Number of years of college completed (specify): 4
c. [][] Degree(s) obtained (specify): BA
d.
Number of years of graduate school completed (specify): D Degree(s) obtained (specify):
e. I have: D professlonal/occupatlonal llcense(s) (specify):
D vocational training (specify):
3. Tax lnfonnatlon
a. IJ[] I last filed taxes for tax year (specify year): 2 0 0 7
b. My tax fifing status Is D single D head of household IJ[] married, filing separately
D married, filing jointly with (specify name):
c. I file state tax returns In [][] Califomla D other (specify state):
(If you need more space to answer any questions on this form, attach an 8Yaby-11-lnch sheet of paper and write the
question number before your answer.) Number of pages attached: ..._11.....__ _
I declare under penalty of pe~ury under the laws of the State of Califomia that the Information contained on all pages of this form and
any attachment~ tpie and correct.
Date: April -th.f_, 2009
....
J .... J ...
en=n""'i"""f""'e""'r........ u ....
st ...1...
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____~~.,.,..,,,.,mRB,,.,,,,.. ___~__CH_.....R....D..._
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(TYPE OR PRINT NAME) (SIGNATURE OF DECl.ARANT)
Pa 1 of4
Form Adopted for Mand1tory U
INCOME AND EXPENSE DECLARATION Flm11y Codi, H 2030-32,
Judicial Ccuncll d C.llfomla 21()0.,2113, 3552. ~.
FL-160 !Rav. January 1, 2007] 4050-4078, 4300-<!339
.__
,_
ATTORNEY OR Pn<TY WITHO~ AlTORNEY (N'rr.e;
MARSHALL S. ZOLLA, ESQ. - SBN35295
r-DEBORAa ELIZABE~H ioLLA, ESQ. - SBN221960
LAW OFFICES or MARSHAI.X. $. ZOLLA, APC
2029 CZN'l'tm.Y PAIUC EAS~. SUITE 1020
LOS ANGELES, CA 9006?
TELEP>ION~NO.: (310) 407-0770 .
&t ~umbtr, !Mid Eidrl11J:
FORCOINfT
L150
4. Ot?er party's !nc:om11. I estlmat~ the gross monthly Income (before taxes) of the other party In this c;ase at (specify): $Seo Attch:nent
This estimate 1s based on (eXplsm): Sea Attachment 4 4
(If yo~ need more space to answer any questions on this fonn, attach n 8Y.by11-lnch sheet of paper o1nd write th
qU$st1on n~mber before your answer.) Nurnber of pages attached: ...
1.,..1_ _ _
I declare under P~nalty of perjvry under the laws of the State of Califomla that the informaUon contained on all pag@s of this form and
any attachments 1s true arid correct.
Oat' April Jl_, 2 0 0 9 / 2... . /
iJ;ennifEU: Justine Musk
(TYPE OR PRINT W )
~ ~~./ -z.. . . . / 1 (GIGH...Tl.IRE OF IJECl.AAANT) -
6. Investment Income (Attach a schedule showing gross receipts less cesh expenses for eech piece of property.)
a. Dividends/Interest. fp~ ,ye~ .200.7.................................................. $ 11 11
b. Rental property Income ....................... $ _ _ _ _ - - - -
c. Trust Income ......................... $_ _ _ _ - - - -
d. Other (specify): ....................... , ...... $_ _ _ _ - - - -
7. Income from self-employment, after business expenses for an businesses. :f;Qz:, :y.ea"J:. 2001 $ 8 91 8 91
I am the I][) owner/sole proprietor D business partner D other (specify):
Number of years In this business (specify): Approximately 8 years
Name of business (specify): Justine Musk
Type of business (specify): Author
Attach a profit and loss statement for the last. two years or a Schedule C from your last federal tax retum. Black out your
social security number. If you have more than one business, provide the lnfonnatlon above for each of your businesses.
8. D Additional Income. I received one-time money (lottery winnings, Inheritance, etc.) In the last 12 months (specify source and
amount):
9. D Change In Income. My financial situation has changed significantly over the last 12 months because (specify):
15. Attorney fees (This ls required If either party Is requesting attorney fees.):
a. To date, I have paid my attorney this amount for fees and costs (specify): $ 283,437 plus feea listed on Attachment 15
b. The source of this money was (specify): Petitioner, Elon Musk
c. I still owe the following fees and costs to my attorney (specify total owed): $ $139,176 as o arch 31, 2009 plus outstanding fees
d. My attorney's hourly rate Is (specify): $ Ranges from $375 $695 listed ohlient 15
I confirm lbi&>facammpmaat a, c and d.
April
Date: 2009 '2J_,
MARSHALL S. ZOLLA. ESQ, - SBN35295
(TYPE OR PRINT NAME OF AlTORNEY)
d. The monthly cost for the children's health insurance Is or would be (specify):$
(Do not include the amount your employer pays.)
18. Additional expenses for the children in this crtse Amount per month
a. Child care so I can work or get job training . . . . . . . . . . . . . . . . . . . . . . . $ 43 , 440 * *Based on Elon Musk's
FL-150 dated 2/09
b. Children's health care not covered by insurance ....... .. ... ....... . $ ___7...,,'"'3"'""""4...,8_*_
c. Travel expenses for visitation ........................... .. ....... $ _ _ _ _ __
d. Children's educational or other special needs (specify below): ......... $ _ ___.3""'1._.,'"'3:..2=-'-o7_*_
*Commencing in the fall, the twins will likely be
attending private school and educational expenses will
.increase.
19. Special hardships. I ask the court to consider the following special financial circumstances
(attach documentation of any item listed here, including court orders):
Amount per month For how many months?
20. Other infonnation I want the court to know concerning support In my case (specify):
ATTACHMENT4
ELON MUSK
SCHEDULE OF GROSS INCOME .AND GROSS CASH FLOW AVAILABLE FOR SUPPORT
For The 36 Months Ended December 31, 2007
Monthly Gross Cash Flow Available for Support s 2,525,084 s 1,420,820 s 1,018,874 s 1,654,926
Analysis of Cash Flow Based on Cash Flow From Partnerships Versus ~hove Analysis Based on Income from Partnerships
'
Monthly Distributions in Excess of Contributions 204,890 1,252,209 669,103 708,734
Less Monthly Partnership and S-Corp. Income (Per Above) 33 1634 (3292l (41J04l {316822
Monthly Difference between Distributions and Income 171,256 1,255,601 710,408 712,421
Monthly Gross Cash Flow Available for Support (Above) 215251084 1,420,820 1,018,874 116541926
Monthly Gross Cash Flow Available for Support
Based on Excess of Distributions Over Contributions s 2,696,340 s 2,676,421 s 1,729,282 $ 2,367,348
2005
Description Owners hi!! Income Distributions Contributions Cash Flow
1039 Pearl Street LLC 9.53% $ $ - $ s
Angeleno Group Investors Il, LLC 6.23% (2,653)
ASA California Tax Advantaged Fund LP Final K-1 23,405 2,101,118 2,101,118
Clarium Capital, LLC Various 450 1,000,000 (1,000,000)
Core Wealth Fund, LP Various 230,555 2,000,000 5,678,685 (3,678,685)
David 0. Sacks Productions LLC 0.01% (2)
Goldman Sachs Global Alpha Fund LP Final K-1 5,320,712 5,320,712
Innovative Dining LV2, LLC 0.11% (47)
Laurus US Fund, LP 1.68%
Merced Partners, LP 0.58% 291,405
Perquest, Inc. (converted to C Corp 8/2005) 4.34% (1,175)
Resonance Partners, LP Various (1)
Room 9 Entertainment LLC 22.22% (54,133)
Softbank Technology Ventures 2.75% 2,470 2,470
Sowood Alpha Fund LP Various (37,599)
Sushi Concepts LV, LLC 0.33% (137)
Tarantula Arms, LLC Final K-1 (12,821) 13,060 13,060
The Kitchen Cafe, LLC 9.53% (624)
Tournament Gamers Intl LLC 1 (527)
Valor Equity Partners, LP Various (32,492) 300,000 (300,000)
Total $ 403,604 $ 9,437,360 $ 6,978,685 s 2,458,675
1
Loss Carryover - partnership terminated in 2003
2006
Description Ownership Income Distributions Contributions Cash Flow
I 039 Pearl Street LLC 9.53% $ 1,605 $ $ 5,718 $ (5,718)
Angeleno Group Investors II, LLC 6.23% (2,010)
Bridgescale Partners, LP 0.12% 42,000 (42,000)
Clarium Capital, LLC Various (17,817)
Core Wealth Fund, LP Various 284,530 2,000,000 2,000,000
David 0. Sacks Productions, LLC 0.01%
Innovative Dining LV2 LLC 0.11% (30) 142 142
Laurus US Fund, LP 1.48%
Merced Partners, LP Final K-1 356,944 6,393,321 6,393,321
Perquest, Inc' (885)
Resonance Partners, LP Various 65
Room 9 Entertainment LLC 22.22% (6,156) 800,000 800,000
Softbank Technology Ventures 2.75% 10,634 10,634
Sowood Alpha Fund LP Various (429,310) 5,856,230 5,856,230
. Sushi Concepts LV, LLC 0.33% (118) 782 782
The Kitchen Cafe, LLC 9.53% 10,082 8,637 8,637
Tournament Gamers Intl LLC2 (397)
Valor - Astral Brands' Unknown (162) Unknown Unknown Unknown
Valor - Cherry Creek Tree Farms' Unknown (16,945) Unknown Unknown Unknown
Valor - Mtn Hi Resorts Assoc' Unknown (12,535) Unknown Unknown Unknown
Valor - Plastag Hldgs' Unknown (4,585) Unknown Unknown Unknown
Valor Sizzling Platter3 Unknown 2,776 Unknown Unknown Unknown
Valor - SRH Hldgs' Unknown Unknown Unknown Unknown
Valor - Tewa Hldgs' Unknown (2,865) Unknown Unknown Unknown
Valor - V/MSG LLC' Unknown (6,610) Unknown Unknown Unknown
Valor - Wellington Cordage' Unknown (213,373) Unknown Unknown Unknown
Valor - Woods Restoration Hldgs' Unknown 23,954 Unknown Unknown Unknown
Valor - WPL Hldgs' Unknown (4,098) Unknown Unknown Unknown
Valor Equity Partners, LP 3.91% (2,759) 204,484 200,000 4,484
Total $ (40,699) $ 15,274,230 $ 247,718 $15,026,512
2007
Descri~tlon Ownership Income Distributions Contributions Cash Flow
1039 Pearl Street LLC 9.S3% $ 3,278 $ 786 $ s 786
Angeleno Group Investors II. LLC 6.23% (30)
Bridgescale Partners, LP 0.12% (14S) 6,996 30,000 {23,004)
Charles River Friends XIIlA, LP Various lS,000 (2S,000)
Clarium Capital, ILC Various 143,304 0
David 0. Sacks Productions U.C 0.80% 0
Innovative Dining LV2, LLC 0.11% (2) SOI sot
Laurus US Fund, U> Fina!K-1 4,179,689 4,179,689
Luckyfish Concepts, ILC 0.28% 25,000 (lS,000)
Pacificor Fund, lf (FKA:Core Wealth Fund) Final K-1 S9,024 2,S71,338 2,571,338
Perquest, Inc1 3.93% CS; 2.16% PS (113) Unknown Unknown Unlcnown
Resonance Partners, LP Various 4S
Room 9 Entertainment LLC 22.22% (SS2) 311,111 3it,111
Softbank Technology Ventures 2.75% 3,163 3,163
Sushi Concepts LV, U.C 0.33% (S) 1,S6S l,S6S
The Kitchen Caf6, LLC 9.53% 30,737 31,288 31,288
Tournament Gamers Intl lLC2 0.00% (ll,S96)
Valor -Astral Brands' Unknown Unknown Unknown Unknown Unknown
Valor Cherry Creek Tree Farms' Unknown (280,948) Unknown Unknown Unknown
Valor - Mtn Hi Resorts Assoc.' Unknown (72,095) Unknown Unknown Unknown
Valor - Plastag Hldgs' Unknown (87,694) Unknown Unknown Unknown
Valor -Sizzling Platter' Unknown (17,9S8) Unknown Unknown Unknown
Valor SRH Hldgs' Unknown (954) Unknown Unknown Unknown
Valor -Tewalildgs' Unknown (39,385) Unknown Unknown Unknown
Valor V/MSG LLC' Unknown (129,225) Unknown Unknown Unknown
Valor - Wellington Cordage Unknown Unknown Unknown Unknown Unknown
Valor - Woods Restoration Hldgs' Unknown (8,924) Unknown Unknown Unknown
Valor - WPL lDdgs' Unknown (49,176) Unknown Unknown Unknown
Valor Equity Partners II. LP Various 312,943 (312,943)
Valor Equity Partners, LP Various (33,116) 1,415,747 100,000 1,315,747
Valor Il - Valor SP Holdings LLC' Unknown (102) Unknown Unknown Unknown
Valor Il-VBP Natural Gas Holdings LLC' Unknown (18) Unknown Unknown Unknown
Total $ (49S,6SO) $ 8,S22,184 $ 492,943 $ 8,029,241
1
2007 K l not provided. Income obtained fi:om Mr. Musk's income tax return. Ownership percentage based on Gursey Schneider information.
:iLoss Carryover partnership terminated in 2003
3 2007 K-1 not provided. Income obtained from Mr. Musk's income tax return.
Dividend Income
Merrill Lynch 30906 $ 127,168 $ 84,460 $ 101,045
Merrill Lynch 30920 400,576 133,996 22,240
Merrill Lynch Premier Institutional Fd 78704 263,183
Merrill Lynch Institutional Fd 2,328 63,291
Merrill Lynch Institutional Pd 513 6,896
Merrill Lynch Institutional Fd 14,636
Paypal Money Mkt Fund 4,463 3,894
Northern Trust 26307 33
Northern Trust 26679 220,666 123,970 103,552
Merrill Lynch 30607 4,597
From K-1 - Softbank Technology Ventures 4 7
From K-1-Angeleno Group Investors Il, U.C 127 127
From K-1 Sowood Alpha Fund LP 56,992 37,125
From K-1 Merced Partners, LP 28,795 41,060
From K-1 Clarium Capital, U.C 507 5,081 S',893
From K-1- Core Wealth Fund 440
From K-1 - Valor - SRH Indgs 30,337
From K-1 -Angeleno Group Investors II U.C 2
Totals Per Income Tax Returns $ 857,244 ...s
......-==..,s3_,4,..,s3=8= $ 495,922
NOTES-BUSINESS INCOME
Business income is based on the 2005, 2006 end 2007 individual income tax returns for Elon Musk. Mr. Musk reported taxable losses of
$227,737 for 2005, $242,445 for 2006 end $32,737 for 2007 related to an aircraft rental business. For 2005, the reported depreciation expense
was $4,888,928, which when oflket against the reported book loss of$4,727,776 would result in a net income ofS161,152. For 2006, the
reported depreciation expense was $2,471,392, which when offset against the reported book loss of$2,142,958 would result in anet income
ofS328,434. For 2007, the reported depreciation expense was $1,208,245, which when offset against the reported book loss of$392,934
Included in the 2007 capital gain income is $6,579,676 of installment sale gain from the sale of Everdream, a market leader in on-demand
management software services. A summary of the sale is presented below:
Gross Proceeds $ 12,525,824
Cost Basis (Consisting of investments from 2002 to 2007) (7,872,514)
1045 Rollover (Prior deferral recognized as gain) 3,142,276
Gain on Sale $ 7,795,586
The installment sale proceeds have been and will be received as follows:
2007 $ 10,572,139 Received
2008 701,104 Received
2009 938,024 To Be Received
2011 314,559 To Be Received
NOTE 9 - PERQUISITES
The amount shown is based on Gursey Schneider & Co. LLP's Jiving expense analysis for the 18 months ended June 30, 2008 and consists of the
following:
Monthly Annual
Amount Amount
Medical Insurance $ 129 $ 1,548
Personal Assistant 3,275 39,300
Total $ 3,404 $ 40,848
I Self
MONTHLY
Other Other TOTAL
Annual Salary Employment Taxable Non-Taxable GUIDELINE
Amounts Income Income Income Income INCOME
Author Income' $ 10,690 $ 891 $ 891
Interest and Dividend Income 1 131 $ 11 11
Total $ 10,821 $ $ 891 $ 11 $ $ 902
1
All of Ms. Musk's income and deductions are based on her 2007 personal income tax return.
MONTHLY
Average Self Other Other TOTAL
Annual Salary Employment Taxable Non-Taxable GUIDELINE
Amounts Income Income Income Income INCO:ME
Salaries, Wages $ 17,715 $ 1,476 $ 1,476
Partnership & S-Corp (44,248) $ (3,392) $ (296) (3,687)
Capital Gains 16,455,384 1,371,282 1,371,282
Business Income 434,966 $ 36,247 36,247
Interest and Dividend Income
Taxable Interest 2,205,910 183,826 183,826
Taxable Dividends 629,335 52,445 52,445
Non-Taxable 141,966 11,830 11,830
Other Income 4,469 372 372
Perquisites 13,616 1,135 1,135
Note - We understand that Petitioner has moved out of the residence; accordingly, all housing deductions are allocated to
Respondent.
' All of Ms. Musk's income and deductions arc based on her 2007 personal income tax return.
3 Throughout the parties' marriage, Justine Musk has never been given information as to
4 community property or Elon Musk's businesses, investments, income and expenses, all of which
5 have been concealed and withheld from her. Justine's knowledge is based almost entirely upon
6 Petitioner's Preliminary Declaration of Disclosure, served on February 12, 2009. Justine does not
7 agree with the characterization of the assets or values in Petitioner's Preliminary Declaration of
8 Disclosure. Justine only has access to her own debit account, which is funded by Petitioner and
9 currently has a minimal balance. All of the assets are in the possession, custody and control of
10 Petitioner. For purposes of seeking attorneys' fees and costs, the Declaration of Jack Zuckerman,
11 C.P.A., in support of Justine's Order to Show Cause for Attorneys and Accountants' Fees and Costs
and an Advance Distribution, filed concurrently with Justine's Income and Expense Declaration, sets
forth the extent of the parties' significant estate, estimated to be in excess of $500,000,000.
20
21
22
23
24
25
26
27
28
1
IN RE MARRIAGE OF MUSK ATTACHMENT 11
1:\WPDATA\MUSK\ose re r... and ad\attach 11.2.wpd
q Other (specify):
Monthly
Description Exuense
Home Furnishings $ 2,217
Cash and ATM Withdrawals 10,000
Computer/Software Expenses 230
Delivery 35
Drug Store 404
Books 140
Subscriptions 31
Health & Fitness - Personal Care 2,392
Miscellaneous 964
Merchandise 1,150
Pet Expenses 514
Unallocated Credit Cards 142
Total Other Monthly Expense $ 18,219
AITACHMENT "13"
INCOME AND EXPENSE DECLARATION
(Family Law) Page I of!
1
ATTACHMENT 15
2
Attorneys/Accountants Fees and Costs
3 Paid Owed Unbilled Fees
(April 1-16, 2009)
4
Law Offices of Marshall S. Zolla, APC $283,437 $139,176 $ 54,293
5
Mitchell Silberberg & Knupp $ 19,150 $ 4,000
6
Gipson Hoffman & Pancione, APC $ 13,696 $ 2,895
7
White, Zuckerman, Warsavsky, Luna, $ 94,133 $ 49,072
8 Wolf & Hunt LLP
10
11
20
21
22
23
24
25
26
27
28
1
IN RE MARRIAGE OF MUSK ATTACHMENT 15
I:\WPDATAIMUSK\osc ro fee' and adlaltach 15.2.wpd
~-,~ .,.: t!
1
J
PROOF OF SERVICE
Musk and Musk
l
2 BD487602
3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES:
4 I am employed in the County of Los Angeles, State of California. I am over the age of 18 years and
am not a party to the within action. My business address is 2029 Century Park East, Suite 1020, Los
5 Angeles, California 90067. On April~, 2009, I caused the foregoing document(s) described as
RESPONDENT'S INCOME AND EXPENSE DECLARATION to be served on the interested
6 parties in this action as follows:
7 r8I by placing D the original r8I a true copy thereof enclosed in sealed envelopes addressed as
follows:
8
Bruce A. Clemens, Esq.
9 Jaffe & Clemens
433 No. Camden Drive
10 Suite 1000
Beverly Hills, CA 90210
11
~;;;
0 Cll
-12 D BY MAIL: I am "readily familiar" with the firm's practice of collection and
- t.. processing correspondence for mailing. Under that practice it would be deposited with
z w"'
0 !: 0
13 the U.S. Postal Service on that same day with postage thereon fully prepaid at Los
<;:: :i 0
Angeles, California in the ordinary course of business. I am aware that on motion of
< Ill "'
..;i
~ <
..;i
0 I- -
14 the party served, service is presumed invalid if the postal cancellation date or postage
N ~ "'Z meter date is more than one day after date of depos~t for mailing in the affidavit.
13 0 < a:
~rnuwo15
.. ..;i.J:.:
~ ..:I ~ a:
II.
::i D BY OVERNIGHT COURIER: I caused such envelope to be placed for collection
j~~~~16 and delivery on this date in accordance with standard _ _ _ _ _ _ _ _ __
>-
fl) .,
delivery procedures.
~"'a: ui
<~~w17
~" z .J BY FAX: In addition to service by mail, .I transmitted a copy of the foregoing
.. w w
< u Cl D document(s) this date via telecopier to the facsimile numbers shown above.
z 18
~<
0 Ill
Cll g19
181 BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the
offices of the addressees.
20 [State] I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
21
D [Federal] I declare under penalty of perjury that the foregoing is true and
22 correct.
23
Executed on April ~~ , 2009, at Los Angeles, California.
24
25
26
27
28
pos.i&e.wpd
a.
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, lllte blr n1.1111ber, 1111d addtua):
MARSHALL S. ZOLLA, ESQ. -
~EBORAB ELIZABE'l'B ZOLLA, ESQ.
SBN35295
- SBN221960
.. ' ' I
CASE NUMBER;
RESPONSIVE DECLARATION TO ORDER TO SHOW CAUSE
OR NOTICE OF MOTION
HEARING DATE: TIME: -----0-~-AA-lMENT---OR-R~O-OM:"".'"'1 BD487602
May 5, 2009 8:45 22 Hon. Louis Meisinger
1. 0 CHILD CUSTODY
a. D I consent to the order requested.
b. D I do not consent to the order requested but I consent to the following order:
2. 0 CHILD VISITATION
a. D I consent to the order requested.
b. D I do not consent to the order requested but I consent to the following order:
3. 0 CHILD SUPPORT
a. D I consent to the order requested.
b. D I consent to guideline support.
c. D I do not consent to the order requested, but I consent to the following order:
(1) D Guideline
(2) D Other (specify):
4. 0 SPOUSAL SUPPORT
a. D I consent to the order requested.
b. D I do not consent to the order requested.
c. D I consent to the following order:
P1g11 of2
Form Adopted for Mandato!y Un
Judlclal Council ci CIUfomla RESPONSIVE DECLARATION TO ORDER TO SHOW CAUSE ~-
Fl--'20 [Rev. January 1, 2003) OR NOTICE OF MOTION So~~
PETITIONER/PLAINTIFF: ELON MUSK CASE NUMBER:
6. 0 PROPERTY RESTRAINT
a. D I consent to the order requested.
b. D I do not consent to the order requested.
c. D I consent to the following order: ..
7. 0 PROPERTY CONTROL
a. D I consent to the order requested.
b. D I do not consent to the order requested.
c. D I consent to the following order:
8. W OTHER RELIEF
a. D I consent to the order requested.
b. OD I do not consent to the order requested.
c. [JO I consent to the following order: See Attachment 8.
NOTE: To respond to a request for domestic violence restraining orders requested in the Request for Order (Domestic Violence
Prevention) (form DV-100) you must use the Answer to Temporary Restraining Order (Domestic Violence Prevention) (form
DV-120).
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: APRrr.lf._2009
MARSHALL S . ZOLLA
(TYPE OR PRINT NAME)
FL-320 [Rev. January 1, 2003) RESPONSIVE DECLARATION TO ORDER TO SHOW CAUSE Page 2 of 2
OR NOTICE OF MOTION
,__ PETITIONER: ELON MUSK
RESPONDENT: JENNIFER JUSTINE MUSK
CASE NUMBER:
BD487602
FL-315
Attachment to D Notice of Motion [][] Responsive Declaration to Order to Show Cause or Notice
(form FL-301) of Motion (form FL-320)
1. I am the D petitioner [][] respondent, and D request [][] oppose the request that the court sever (bifurcate)
and grant an early and separate trial on the following issue or issues:
(3) All pension or retirement plans listed in 1e(2) have been joined as a party to this proceeding, unless joinder is
precluded or made unnecessary as a matter of law. (See Retirement Plan Joinder-lnformation Sheet (form
FL-318-INFO) to determine if a joinder Is required.)
(4) I understand that the court may make the orders specified or requested on pages 2 and 3 if the motion is granted to
bifurcate the status of the marriage and the marriage is ended.
(5) D I r~quest that the court make the orders indicated on pages 2 and 3 and any attachments.
NOTE: A request for an early termination of your marital or partnership status may have a significant impact on your
rights or responsibilities in your case. If you do not understand this form, you should speak with an attorney.
2. a. D I request that the court conduct this separate trial on the hearing date.
b. D I will, at the hearing, ask the court to set a date for this separate trial.
l9PJ?..'?.l?J.1;ion to
3. The reasons in2SE}!lp'Ool.Ql this request are (specify):
DD Memorandum attached. [][] Supporting declarations attached.
Pa e 1of3
Fonn Adopted for Mandatory Use Famlly Code, 2337
Judicial Council of California
APPLICATION OR RESPONSE TO APPLICATION FOR SEPARATE TRIAL
FL-315 [Rev. January 1, 2009] (Family Law) S Lercll
ofuei'ons
I'.>_ Plus
_ PETITIONER:ELON MUSK
RESPONDENT:JENNIFER JUSTINE MUSK
4. Conditions relating to bifurcation of the status of the marriage or partnership:
CASE NUMBER;
BD487602
FL-315
a. I understand that the court must enter an order to preserve the claims of each spouse or domestic partner in all retirement plan
benefits upon entry of judgment granting a dissolution of the status of the marriage or domestic partnership.
b. l request that the court order the following as a condition of granting the bifurcation and ending the marriage upon an early and
separate trial:
Division of property
c1> D The D petitioner D respondent and his or her estate must indemnify and hold me harmless from any
taxes, reassessments, interest, and penalties that I have to pay in connection with the division of the community
estate that I would not have had to pay if we were still married or in a domestic partnership at the time the division
was made.
Health insurance
(2) D Until a judgment has been entered and filed on the remaining issues, the D petitioner D respondent must
maintain all existing health and medical insurance coverage for me and any minor children as named dependents
as long as he or she is eligible to do so. If at any time during this period, he or she Is not eligible to maintain that
coverage, he or she must, at his or her sole expense, provide and maintain health and medical insurance coverage
that is comparable to the existing health and medical Insurance coverage to the extent it is available.
To the extent that coverage is not available, the D petitioner D respondent must be responsible to
pay, and demonstrate to the court's satisfaction the ability to pay, for health and medical care for me and the minor
children to the extent that care would have been covered by the existing insurance coverage but for the dissolution
of marital status or domestic partnership, and must otherwise indemnify and hold me harmless from any adverse
consequences resulting from the loss or reduction of the existing coverage.
Probate homestead
(3) D Until a judgment has been entered and filed on all remaining issues, the D petitioner D respondent
must indemnify and hold me harmless from any adverse consequences if the bifurcation results in a termination of
my right to a probate homestead in the residence in which I am residing at the time the severance is granted.
Retirement benefits
(5) D Until a judgment has been entere'd and filed on all remaining issues, the D petitioner D respondent
must indemnify and hold me harmless from any adverse consequences if the bifurcation results in the loss of my
rights with respect to any retirement, survivor, or deferred compensation benefits under any plan, fund, or
arrangement, or to any elections or options associated those benefits, to the extent that I would have been entitled
to those benefits or elections as the spouse or surviving spouse or the domestic partner or surviving domestic
partner.
Pag12of3
FL-3 1S[Rev. January 1 20091 APPLICATION OR RESPONSE TO APPLICATION FOR SEPARATE TRIAL
(Family Law)
- PETITIONER: ELON MUSK
RESPONDENT: JENNIFER JUSTINE MUSK
Beneficiary designation-nonprobate transfer
CASE NUMBER:
BD487602
FL-315
(7) D The D petitioner D respondent must maintain the beneficiary designation specified for each
Nonprobate Transfer Asset (Probate Code section 5000) identified on the attached list in the percentage indicated.
(See attachment 7 (not a form) which lists each asset and proposed percentage.) This designation must stay in effect
until judgment has been entered with respect to the community ownership of that asset and until my interest in it has
been distributed to me.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:April ')._O, 2009
JENNIFER JUS.TINE MUSK
(lYPE OR PRINT NAME) (SIGNATURE OF DECLARANn
(Family Law)
1
ATTACHMENT 8 TO RESPONSIVE DECLARATION
2 8. OTHER RELIEF:
3 Respondent, Jennifer Justine Musk, ("Justine") requests that the Court order the following
4 relief in response to the relief requested by Petitioner, Elon Musk, ("Elon") in his Attachment 9 to
5 his Motion to Bifurcate the Validity of the Postnuptial Agreement and Other Relief:
6 1. Bifurcation Be Denied:
7 A. That Elon's request for a severed, bifurcated trial of the Postnuptial Agreement be
8 denied, that the entire case be tried as a unit, and not tried in segments both for reasons of economy
9 to the parties and the judicial system. (Alan S. v. Superior Court (2009)172 Cal.App.4th 238.)
10 B. Alternatively, Justine requests the following relief if the Court segregates issues
(3) That in any segregated trial regarding the Postnuptial Agreement, the
provisions of Code of Civil Procedure Section 607 pertaining to the order of proceedings shall apply,
with Elon deemed the Plaintiff and.Justine deemed the Defendant; the order of proof should be
20 2. Procedural Prejudice:
21 A. That Elon' s request for a severed, bifurcated trial of the Postnuptial Agreement be
23 B. That the Court order the entire case be tried as a unit, and not tried in segments
24 both for reasons of economy to the parties and the judicial system. (Alan S. v. Superior Court, supra,
26 III
27 ///
28
1
IN RE MARRIAGE OF MUSK ATTACHMENT 8
I:\WPOATAIMUSKIRD Bifurcation Motlonlopposhlon\auachB.wpd
1 3.
Tentative.Decision and Statement of Decision:
2 A. That Elon's request that the Judge conducting a separate trial announce its
3 tentative decision and issue a Statement of Decision while not preparing a proposed judgment be
4 denied.
5 B. Alternatively, Justine requests the following relief if the Court segregates issues
6 pertaining to the Postnuptial Agreement:
7 (1) That the ~ourt in its order contain a provision that Justine has filed a request
8 for Statement of Decision pursuant to Code ofCivil Procedure Section 632, and that all procedures
9 provided in California Rules of Court, Rule 3.1590 pertaining to the preparation and issuance of a
10 Statement of Decision shall be observed.
11 (2) That the Court order provide that no separate judgment be issued regarding the
Postnuptial Agreement because no order made concerning the Postnuptial Agreement can dispose of
all issues as between the parties pursuant to the one judgment rule and the definitions of a judgment
pursuant to Code Civil Procedure Sections 904.1, 577, and Kinoshita v. Horio (1986) 186
Cal.App.3d 959, 963.
4. One Judge To Preside and Determine:
A. That Elon's request that there be no requirement for the same judge who tries the
bifurcated issue regarding validity or invalidity of the Postnuptial Agreement try all other issues and
other relief requested therein be denied and the same judge should h~ar all the evidence and
20 determine all the issues in this case, including any segmented trial. (Alan S. v. Superior Court,
21 supra, 172 Cal.App.4th at 247, n.11.)
22 B. That the case should not be reassigned to any other judge after the
23 commencement of any segmented trial because such relief is jurisdictionally excessive, unnecessary
24 and the Court is not empowered by California Rules of Court, Rule 5.175 to alter the governing
25 principles of law concerning the manner of trial by the Court.
26 C. If the Court must reassign any segment of this case, Justine reserves all rights and
27 claims pertaining to any purported reassignment.
28 Ill
2
IN RE MARRIAGE OF MUSK ATTACHMENT 8
1:\WPDATAIMUSKW> BUIJTatloa Mollo11\oppalldon\a11achl.wpd
- - - ------- -1
1 5.
Subsequent Issues/New Trial: That Elon's request regarding the timing of the trial of
!
2 subsequent proceedings and motion for a new trial be denied because his request fails to comport
3 with governing law pursuant to California Rules of Court, Rules 5.175 and 5.180, improperly seeks
7 requested, and determined in accordance with the standards of relevance and the need for protective
8 orders as set forth in the Discovery Act, Code of Civil Procedure Section 2016.010 et. seq.
9 B. That Elon's request to stay discovery on all property related issues, other than the
10 validity and enforceability of the Postnuptial Agreement, pending the bifurcated trial be denied
11 because (1) discovery as to property related issues is intertwined with the issues raised concerning
the Postnuptial Agreement such that the Court cannot predetermine what the evidence is concerning
the Postnuptial Agreement and that same evidence may be repeated again at the trial on the merits, if
the court denies enforcement of the Postnuptial Agreement; discovery as to property related issues is
intertwined with the issues raised concerning the Postnuptial Agreement, including without
limitation, issues concerning whether Elon complied with his fiduciary duties towards Justine, and
whether Elon misappropriated a community interest and/or community opportunity to her detriment;
and (2) Elon is asking the Court improperly to issue an advisory opinion on discovery.
C. If the Court grants such a stay, the Court order that any stay of discovery excludes
20 discovery related to pendente lite child support, spousal support, and attorneys' fees, and any other
22 7. Case Management Order/Request for Attorneys' Fees under Familv Code Sections 213
23 and 2030:
24 A. That Elon's request for a Case Management Plan regarding Elon's payment of
25 Justine's attorneys' fees and costs pending the bifurcated trial be denied because (1) it is inconsistent
26 with Elon's position as recited in his motion, i.e, to sever the issue of validity or invalidity of the
27 purported Postnuptial Agreement; (2) Elon characterizes the issue as complex for purposes of Family
28 Code Section 2032(d), which is inconsistent with the case management statutes, Family Code
3
IN RE MARRIAGE OF MUSK ATTACHMENT 8
L
l:\WPDATAIMUSK\RD Bifurcation MotionloppositionlauachS.wpd
-;!
1
Sections 2450 and 2451, requiring parties to stipulate to case management provisions; and (3) Elon
I
2 seeks to unduly limit Justine's right to equivalent representation, an effort which was recently
3 condemned by the Court of Appeal in Alan S. v. Superior Court, supra, 172 Cal.App.4th at 238.)
4 B. Pendente Lite Attorneys' Fees and Costs: As related relief under Family Code
5 Sections 213 and 2030, that Elon be ordered to pay ($200,000 of outstanding attorneys' fees owed
6 as of April 16, 2009 and an additional $250,000 on account) a total ~f $450,000, to Justine Musk's
7 attorneys, Law Offices of Marshall S. Zolla, A Professional Corporation, to enable Justine to
8 complete discovery, prepare her case for Trial, and achieve economic parity to litigate this complex
9 case.
10 c. Accountants' Fees: As related relief under Family Code Sections 213 and 2030,
11 that Elon be ordered to pay the sum of $225,000 on account (which includes the current outstanding
balance of$49,000) to Justine Musk's forensic accountants, White, Zuckerman, Warsavsky, Luna,
Wolf & Hunt LLP, to enable Justine to complete discovery, prepare her case for Trial and achieve
economic parity to litigate this complex case.
20
21
22
23
24
25
26
27
28
4
IN RE MARRIAGE OF MUSK ATTACHMENT 8
J:\WPDATA\MUSKIRD BifurcationMotion\oppositionlaltach8.wpd
1
TABLE OF CONTENTS
2
3 I. INTRODUCTION ... .. ....... ........ ...................................... 1
4 II. THE COURT SHOULD DENY ELON MUSK'S MOTION TO
BIFURCATE BECAUSE THE MANNER IN WIDCH HE HAS FRAMED THE
5 ISSUE MAKES IT INAPPROPRIATE AND PROCEDURALLY UNWORI<ABLE ...... 4
6 III. THE COMPONENT'S OF ELON MUSK'S REQUEST TO BIFURCATE EXCEEDS
THE AUTHORITY OF THE COURT AND WOULD UNNECESSARILY
7 COMPLICATE THIS CASE ................................................. 6
8 A. Elon Musk has Mischaracterized the Applicable Procedural Rules .............. 7
9 B. Elon Musk's Request Will Have the Effect of Unduly Delaying the Ultimate
Resolution of This Case ..................... . ........................ 10
10
C. The Court Lacks Jurisdiction to Alter The One-Judgment Rule ................ 10
11
IV. BIFURCATION IS NOT WARRANTED BECAUSE DETERMINATION OF THE
VALIDITY OR INVALIDITY OF THE POSTNUPTIAL AGREEMENT INVOLVES
VALUING ASSETS BOTH AT THE TIME THE AGREEMENT WAS
SIGNED AND AT ITS CURRENT VALUE .................................... ~ 1
v. DISCOVERY SHOULD NOT BE STAYED OR LIMITED ........................ 12
A. Discovery is Still Needed Related to the Validity or Invalidity
of Postnuptial Agreement and Otherlssues ................................ 12
B. Elon Musk's Reliance on Rifkind v. Superior Court is Misplaced .............. 14
C. Discovery Concerns due to Elon Musk's Recent Cessation of Information ....... 15
VI. ELON IS NOT ENTITLED TO A CASE MANAGEMENT ORDER ................ 16
3
STATUTES
4
5
Code of Civil Procedure Section 577 ................................................. 8
6
Code of Civil Procedure Section 904.1 ............ ... ............... .. ............... 11
7
Corporations Code Section 15021 .................................................. 12
8
Corporations Code Section 16403 ................................................ 3, 12
9
Corporations Code Section 16404 .......................................... 3, 12, 13, 14
10
Family Code Section 213 .............. . ...................................... 4, 16, 20
11
Family Code Section 721 ..................................................... 3, 12, 14
Family Code Section 2025 ............. . ........................................ 2, 6, 7
Family Code Section 2030 ...... . ... . .......................... . .. 3, 15, 16, 17, 18, 20
TREATISE
Hogoboom and King, California Practice Guide: Family Law (The Rutter Group 2009) ........ 2, 4
20
21
22
23
24
25
26
27
28
7 Elon's Motion is like viewing a Van Gogh painting. From a distance, the Motion appears
8 deceptively appealing to the eye, but upon closer examination, its rough texture and uneven brush
9 strokes provoke puzzlement and confusion. A close examination demonstrates that Elon's Motion
10 raises and discusses a litany of issues that are not before the Court. By way of example, neither the
11 draft unsigned Prenuptial Agreement n,or the merits of the validity or invalidity of the Postnuptial
Agreement are now before the Court, but Elon improperly addresses both in his Motion. After one
sifts through the misty haze of his Motion, it is clear that the only issue before the Court is whether
the Court has jurisdiction to sever the issue of the validity or invalidity of the Postnuptial Agreement.
Elon makes his Motion to Bifurcate appear as if it involves a simple issue, but for many
reasons it does not, because it raises complicated and complex sub-issues, including the way Elon
frames his request that the Court conduct fragmented and segmented trials with different judges.
One Judge who is familiar with the entire case should hear this case as a continuous trial, rather than
a series of different judges, as Elon suggests, which would only serve to defeat the goal of the all
20 purpose judge system. Elon is leading this case into an unforseen trap of quicksand because a series
21 of judges goes against the grain of judicial economy. His requested limitation on discovery will only
22 result in repeated disputes over what evidence falls within the scope of his requested discovery stay
23 regarding the Postnuptial Agreement. How can the Court possibly know now what evidence and
24 discovery will be entailed in a segmented proceeding regarding the Postnuptial Agreement, given the
25 complexities of this case, the intertwining factual and legal issues involved, and the substantial
26 differences between the parties' respective positions regarding the facts, the law and necessary
27 discovery? As explained in detail in this Opposition, it is virtually impossible to try the issue of the
28 validity or invalidity of the Postnuptial Agreement separate and apart from the other issues, because
1
IN RE MARRIAGE OF MUSK MEMORANDUM OF POINTS AND AUTHORITIES
l:\WPDATAIMUSK\RD Bifurcation Motion\opposition\birfuracation.mp1.wpd
1
all the issues in this case are so intertwined that bifurcating this issue will unnecessarily complicate
2 the case, cause delay, and further escalate both parties' attomeys' fees.
3 Based on the reasons articulated below. Elon Musk's Ms>tion should be denied;
.
4 First: Elon's request for bifurcation fails to properly frame the issues before the Court as
5 to the specific relief requested. He fails to address the timing and probability of an appeal and
6 certification of an appeal if the non-prevailing party requests it. He fails to define the requested stay
7 on discovery and what specifically should be allowed versus what he may want excluded. He puts
8 forth a litany of facts and argument about a draft unsigned Prenuptial Agreement and then hides
9 behind the mediation privilege and claims this infonnation is not discoverable. He does all this even
10 though the Prenuptial Agreement is not relevant as a matter of law to the validity or invalidity of the
11 Postnuptial Agreement. Elon' s ambiguous framing of the issues conflicts with the way that Justine
frames the issues, to such an extent that his request for bifurcation overly complicates this case and
should be denied on that basis. (See Hogoboom and King, California Practice Guide: Family Law
(The Rutter Group 2009) paragraph 11 :480,- see In re Marriage ofReuling (1994) 23 Cal.App.4th
1428, 1432-1433.)
Second: Elon's request to bifurcate ignores that California Rules of Court, Rule 5.175
only permits bifurcation if such bifurcation helps to simplify the other issues in the case, which is not
the case here because all the issues are intertwined. His request ignores that the sole case he relies
upon, In re Marriage of Wolfe (1985) 173 Cal.App.3d 889, is inappropriate in that it involves a post-
20 judgment modification on a final issue, not a pre-trial request to bifurcate. His request ignores the
21 provisions of California Rules of Court, Rule 5.180 and Family Code Section 2025 because if the
22 issue of the validity or invalidity of the Postnuptial Agreement is bifurcated, there will likely be an
23 interlocutory appeal (or a proceeding on extraordinary writ), and an unnecessary stay of proceedings
24 while that appeal goes forward. Such a stay will likely occur because the nature of the proceeding
25 contemplated by Elon is a segmented trial, as opposed to a fully bifurcated trial, which is appealable
26 upon certification before the remaindei; of the trial on the other issues takes place as explained in In
27 re Marriage ofLafkas (2007) 153Cal.App.4th1429. Such a request ignores that the bifurcation ofa
28 property issue results in a pre-judgment order that certain findings and conclusions be included
2
IN RE MARRIAGE OF MUSK MEMORANDUM OF POINTS AND AUTHORITIES
1:\WPDATAIMUSK\t\D .lllfbrcatlon Motlon\oppos!Oon'lhlrfllracatlon.nipa.wpd
1
within the final judgment, after completion of the balance of the case which may then be appealed at
2 that time pursuant to Rule 5. l 80(h) and In re Marriage ofLafkas, further delaying these proceedings.
3 Elon' s request also assumes numerous segmented trials with various trial judges which makes the
4 case procedurally cumbersome and substantively more complex.
5 Third: Elon wrongly contends that if the Postnuptial Agreement is valid then there is
6 nothing to litigate concerning the characterization, valuation and division of the parties' property.
7 That simply is not true because the issues are all intertwined. Testing the validity or invalidity of the
8 Postnuptial Agreement involv~s looking at the assets at the time the Agreement was signed under In
9 re Marriage ofBurkle (2006)139 Cal.App.4th 712. It also involves looking atthe value of the assets
10 at the time the Agreement is tested. Elon, during the parties' marriage, usurped one business
11 opportunity after the next from Justine in violation of his spousal fiduciary duty.
Fourth: Elon seeks to delay the ultimate resolution of this case by requesting that
additional discovery on all property- related issues other than the validity or invalidity of the
Postnuptial Agreement be stayed pending the bifurcated trial. He does so based on Rijkind v.
Superior Court (1981) 123 Cal.App.3d 1045, but that case only deals with discovery concerning
non-parties and simply does not apply here. What Elon misunderstands is that discovery regarding
the valuation of assets at the time the Postnuptial Agreement was entered into is necessary to test the
validity or invalidity of the Postnuptial, Agreement under In re Marriage ofBurkle, supra, 139
Cal.App.4th at 723, 744, n.1. Discovery as to the present value of the assets is also necessary
20 pursuant to Family Code Section 721 and Corporations Code Sections 16403 and 16404. As stated
21 in the Declaration of Jack Zuckerman, there is significant discovery that is needed for Justine to
22 properly litigate this case, including discovery on the value of the assets at the time the Postnuptial
23 Agreement was signed, the value of the assets at the time the Agreement is tested, and discovery
24 related to child and spousal support and attorneys' fees and costs. (Declaration of Jack Zuckerman
25 ~~5-11.)
26 Fifth: Elon's request for a Case Management Order under Family Code Section 2032(d)
27 ignores Family Code Section 2030(a)(l) which ensures that each party has access to legal
28 representation and Family Code Sections 2450 and 2451 pertaining to case management. His request
3
IN RE MARRIAGE OF MUSK MEMORANDUM OF POINTS AND AUTHORITIES
l:IWPDATAIMUSK\RD Bifurcation Motion\oppositionlbirfuracation.mpo.wpd
1
also ignores other fundamental rules such as a party must file an Income and Expense Declaration
2 with his/her moving papers in connection with any hearing regarding financial issues. (California
3 Rules of Court, Rule, 5.128; Li1 re Marriage o/Tydlaska (2003) 114 Cal.App.4th 572.) Elon cannot
4 now file an Income and Expense Declaration with his Reply Brief or at any other time prior to the
5 May 5 hearing in an attempt to argue that he cannot afford to pay Justine,s attorneys, fees because
6 she would then not have an opportunity to respond to such claims. (In re Marriage ofHoffmeister
7 (1984) 161 Cal.App.3d 1163.)
8 Sixth: Elon's request to restrict and limit Justine's attorneys' fees in advance ignores that
9 her attorneys are currently owed an outstanding balance of $199, 154 and her accountants are owed
10 $49,072. Justine's attorneys should be brought current and should receive an additional $250,000 on
11 account. Justine's accountants should also be brought current and receive an additional $175,000 on
account. (Fam. Code 213; In re Marriage ofKeech (1999) 75 Cal.App.4th 860; In re Marriage of
Cueva (1978) 86 Cal.App.3d 290.) Elon's counsel suggested that this request be brought as part of
Justine's Opposition to the Bifurcation Motion, rather than bringing a separate Order to Show Cause.
(Declaration of Marshall S. Zolla, ~36; Exhibit 16.)
II.
THE COURT SHOULD DENY ELON MUSK'S MOTION TO
draft unsigned Prenuptial Agreement and then hides behind the mediator privilege claiming this
information is not discoyerable. He does so even though the unsigned Prenuptial Agreement has no
relevance to the issue of the validity or' invalidity of the Postnuptial Agreement. Elon cannot have it
both ways. He cannot say that there is no discovery due to the mediation privilege, and then attempt
to rely on such information to include a factual diatribe about that Prenuptial Agreement even though
this clearly is a spousal fiduciary duty case and any facts or argument regarding the unsigned
Prenuptial Agreement are irrelevant. He also seeks a Case Management Order under the guise that
20 this is a simple case, but in other places in his motion characterizes this case as complex. Elon
21 should be cognizant of the advice of Yogi Berra, the Yankee catcher, who said "[w]henyou come to
22 a fork in the road, take it." Elon tries to proceed at once down multiple conflicting paths. By doing
23 so, he fails to frame the issues clearly and his methodology contradicts the way Justine frames the
24 issues before the Court.
25 Justine frames the issues in this case quite differently than Elon does. Justine contends
26 that the case should be tried as a singl~ unit, and not tried in segments both for reasons of economy
27 to the parties and the judicial system. (Alan S. v. Superior Court, supra, 172 Cal. App. 4th at 247,
28 n.11.) Justine contends that the same judge should hear all the evidence and determine all the issues
s
IN RE MARRIAGE OF MUSK MEMORANDUM OF POINTS AND AUTHORITIES
l:\WPDATAIMUSKIRD Blllm:alion Motlon\opposidon\blrfbrmUon.mpa. wpd
1
in this case. (Ibid.) She contends that the case should not be reassigned to another judge after the
2 commencement of any segmented trial because such relief is jurisdictionally excessive, unnecessary
3 and the Court is not empowered by California Rules of Court, Rule 5.175 to alter the governing
4 principles of law concerning the manner of trial by the Court. She contends that only facts and
5 argument pertaining to the validity or invalidity of the Postnuptial Agreement should be permitted
6 and allowed and that Elon's unilateral litany of facts and argument surrounding the unsigned
7 Prenuptial Agreement be excluded because they are irrelevant. She contends that Elon's request
8 regarding the timing of the trial of subsequent proceedings and motion for a new trial should be
9 denied because his request fails to comport with governing law pursuant to California Rules of
10 Court, Rules 5.175 and 5.180, improperly seeks an advisory opinion and is jurisdi~tionally excessive
11 and unnecessary. Justine contends that Elon's request to stay discovery be denied because discovery
as to property related issues is intertwined with the issues raised concerning the Postnuptial
Agreement and will be repeate\d in any severed proceeding. The Court cannot predetermine what
evidence is going to be needed concerning the Postnuptial Agreement. Accordingly, bifurcation of
the Postnuptial Agreement is improper and would serve only to over complicate an already complex
case.
III.
THE COMPONENTS OF ELON MUSK'S REQUEST TO BIFURCATE EXCEEDS
.
THE AUTHORITY OF THE COURT AND WOULD UNNECESSARILY
20 COMPLICATE TIIlS CASE
21 Elon's requests for relief (Attachment 9 to Form FL-310) contain seven (7) separate
22 requests, of which only items (1) and (3) are legally cognizable, albeit ill-conceived. Elon fails to
23 address the issue of appeal and ignores the provisions of California Rules of Court, Rule 5.180,
24 Family Code Section 2025 1 and Code of Civil Procedure Section 904.1, the one judgment rule.
25
1
26 Family Code Section 2025 directs, in pertinent part: "[i]f the court has ordered an
issue ...bifurcated for separate trial or hearing in advance of the disposition of the entire case, a court of
27 appeal may order an issue ... transferred to it for hearing and decision when the court that heard the issue.
28 . .certifies that the appeal is appropriate. Certification by the court shall be in accordance with rules
promulgated by the Judicial Council."
6
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Bifurcation of the validity or invalidity of the Postnuptial Agreement is a segmented trial that likely
2 would be appealed at the time of the preliminary order on that issue. If the issue of the validity or
3 invalidity of the Postnuptial Agreement is bifurcated, there will likely be an interlocutory appeal (or
4 a proceeding on extraordinary ~t), and an unnecessary stay of proceedings while that appeal goes
5 forward. If for whatever reaso~ that appeal is not granted, then the parties may also appeal the entire
6 judgment so that bifurcation in this instance seems overly complicated.
7 A. Elon Musk Has Mischaracterized the Applicable Procedural Rules
8 California Rule of Court, Rule 5.175, provides that the court may" ...bifurcate one or
9 more issues to be tried separately before other issues are tried" but only if resolution of the bifurcated
10 issue is likely to simplify the determination of the other issues. That rule, California Rules of Court,
11 Rule 5.180 and Family Co.de Section 2025, regarding interlocutory appeals for bifurcated issues,
demonstrate that the nature of the proceeding contemplated is a segmented, as opposed to a fully
bifurcated, trial. For clarification purposes, a brief discussion of bifurcation is appropriate.
Bifurcation can have more than one meaning. (See In re Marriage of Wolfe (1985) 173 Cal.App.3d
889, 894.) Bifurcation can mean either of the following as explained in In re Marriage of Wolfe,
supra,113 Cal.App.3d at 894:
(1) "only one trial," which is "continuous in nature, but segmented as to particular issues"
resulting in preliminary orders, but no final judgment is entered until the end of the trial (See also In
re Marriage ofLafkas (2007)153Cal.App.4th1429, 1433-1434; In re Marriage ofMacFarlane
20 (1992) 8 Cal.App.4th 247, 251). or
21 (2) "two or more separate trials" where "particular issues are tried at separate times, with
22 each subject to a separate and distinct judgment." [not legally cognizable for this issue.]
23 In the present case, Elon's requested relief, read together, shows that he seeks bifurcation
24 as one trial, with an early segment of the trial on the validity or invalidity of the Postnuptial
25 Agreement as one continuous trial where the court does not prepare a proposed Judgment until the
26 further segments of the trial are completed as in In re Marriage ofMacFarlane, supra, 8 Cal.App.4th
27 at 251 (case involved existence of a transmutation agreement and validity of quitclaim deeds) and Jn
28 re Marriage ofLafkas, supra, 153 Cal.App.4th at 1433-1434 (case involves characterization ofa
7
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business asset). Since the valiaity or invalidity of the Postnuptial Agreement cannot be a separate
2 and distinct judgment pursuant to Code of Civil Procedure Section 577 2 and will be incorporated
3 into a final judgment, Elon's legally cognizable relief is that of one segmented trial.
4 In re Marriage of Wolfe (1985) 173 Cal. App.3d 889, 893, the only case cited by Elon
5 supporting his bifurcation request, involves bifurcation of attorneys' fees from a post-judgment
6 support modification hearing , not a pre-trial request to bifurcate. That case does not raise the issue
7 of appealable orders and involves a post-judgment separate trial. In re Marriage ofLafkas (2007)
8 153 Cal. App. 4th 1429, however, explains the appealability of a decision in a bifurcated trial
9 [segmented] trial of the characterization of property where the remainder of the trial on the other
10 issues has not yet taken place and the bifurcation of the property issue results in a pre-judgment order
11 to be included in the final judgment, after the completion of the balance of the case. In arguing from
Wolfe that bifurcation of the validity or invalidity of the purported Postnuptial Agreement serves the
interest of judicial economy, Elon fails to analyze what happens if one party appeals the ruling on
this issue at the time of the pre-judgment order. Because of the extent of the wealth involved
(estimated at over $1 billion), and the i,mportance to family law jurisprudence of the issues regarding
the creation of that document, if the issues pertaining to the validity or invalidity of the Postnuptial
Agreement are tried separately, whichever party does not prevail is most likely to request a certificate
for interlocutory appeal of the order pursuant to California Rules of Court, Rule 5.180. If such
certificate is issued, it is followed by a motion to the Court of Appeal for leave to appeal, and if that
20 motion is granted, an appeal proceeds which could consume at least one full year. 3 During that
21 additional year (or more), the parties remain in a state of limbo, unable to prepare themselves and
22
23 2
Code ofCivil Procedure Section 577 provides "A judgment is a final determination ofthe rights
of the parties in an action o:t proceeding." A final judgment is one "where no issue is left for future
24
consideration ... but where anything further in the nature of judicial action on the part of the court is
25 essential to final determination of the rights of the parties, the decree is interlocutory," i.e., not final.
(Kinoshita v. Horio (1986) 186 Cal.App.3d 959, 963.)
26
3
If the certificate is not issued, the non-prevailing party retains the right to petition the Court of
27 Appeal for extraordinary writ relief, and/or to appeal the separate ruling in an appeal from the final
28 judgment. California Rules of Court, Rule 5.180(h) and In re Marriage of Lafkas (2007)153
Cal.App.4th 1429, 1433.
8
IN RE MARRIAGE OF MUSK MEMORANDUM OF POINTS AND AUTHORITIES
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1
their young children for the economic and emotional effects of their future life. In addition, to stay
2 discovery on property issues pending such an appeal, is simply to afford Elon carte blanche to utilize
3 his position in control of the community businesses to his advantage and the ultimate disadvantage
4 of Justine.
5 The situation is complicated even more by the fact that there will remain issues requiring
6 trial even after a decision on the status of the purported Postnuptial Agreement. Those issues may
7 become more or less complex by reason of the order which may be made, but they will not
8 disappear. In the scenario proposed by Elon, the proceedings might involve two or even three
9 trials-a segmented trial of theissue of the validity or invalidity of the purported Postnuptial
10 Agreement, a bifurcated trial on issues pertaining to custody of the children, and an overall trial on
11 property division and support issues which might not occur until after an appeal. A series of separate
trials is not efficient, because it requires parties, counsel, and witnesses, to prepare multiple times,
never knowing when the matter will be actually heard, all of which increases costs exponentially. A
series of trials also increases the chances that different judicial officers will become involved (which
Elon reque,sts i his relief). which is also inefficient. because. notwithstanding the existence of a
statement of decision regarding a particular issue, a subsequent judicial officer will need to review
the eJitire file to be prepared to address the interrelationship between an issu~ previously determined
and the issues remaining to be determined.
The recent case of Alan S. v. Superior Court, supra, 172 Cal. App. at 247, is instructive
20 on this issue. In that case, which involved the right to representation, the Court of Appeal made a
21 "quick digression on the theme of discontinuity in the family law courts, a theme on which this court
22 has had a number of occasions to write [and commented that this problem persists]. (E.g.,
23 Blumenthal v. Superior Court (2006) 137 Cal.App.4th 672, 40 Cal.Rptr.3d 509 [trial judge
24 needlessly declared mistrial of dissolution simply because she was being re-assigned to a next door
25 domestic violence calendar, thus costing parties thousands of dollars in extra attorney fees]; In re
26 Marriage ofSchaffer (1999) 69 Cal.App.4th 801, 809, 81 Cal.Rptr.2d 797 ['Not counting Judges
27 Stock, Didder and Hudson, who routinely approved stipulations, this case has passed from Ratter to
28 Cox to Knox to Smallwood to Mandel to Woolley to Posey. And not one of these judges ever heard
9
IN RE MARRIAGE OF MUSK MEMORANDUM OF POINTS AND AUTHORITIES
J:IWPDATAIMUSKIRD Bifu~tion Motionloppositionlbirfuracatioo.mpa.wp,d
1
more than one oflda's modification requests!'].)" (Id at 247.) The Court of Appeal further
2 commented on the "rotation" in the "family law departments, where judges with little, or no, family
3 law experience circle in and out with little continuity for the litigants." (Id. at 247, n.11) Given the
4 complex nature of this case, one judge should hear the entire case, including the segment of the
5 Postnuptial Agreement, and should be familiar with all of its complexities, as that would serve the
6 parties and judicial economy, which is also consistent with the all purpose judge system.
7 B. Elon's Requests Will Have the Effect of Unduly DelayinK the Ultimate Resolution of
8 This Case
9 Elon's moving papers show that his principal argument, i.e., conducting an initial trial on
10 the validity or invalidity of the purported Postnuptial Agreement, will encourage settlement. A sham
11 argument. Elon asserts that a ruling in.his favor on this issue will encourage Justine to settle (by
which he means she will capitulate rather than compromise), but is silent about his own willingness
to negotiate meaningfully either before or after a ruling in Justine's favor. To the contrary, Elon
states that a ruling in Justine's favor will result in a lengthy tracing analysis, and a complex
Pereira/VanKamp analysis. He asks the court to delay commencement of these analyses4 until after
a trial and potential appeal of the issue, (an 18-24 month delay), after which the needed discovery
and preparation would likely delay trial for at least an additional year. Any appeal of an ultimate
judgment will mean that this case, which has already been pending for approximately one year, will
require a total of between 5 and 6 years to ultimate resolution. Delay provides Elon with lengthy
20 unsupervised opportunities to do acts deleterious to Justine's rights, and which can make the analysis
21 more complex and difficult than it already is.
22 C. The Court Lacks Jurisdiction to Alter The One-JudKment Rule
23 Not only does Elon's request lead to a multiplicity of proceedings, but also raises
24 questions regarding the trial judge. Under the single judgment rule, the judgment should be signed
25
4
26 Elon asks the Court to delay commencement of any tracing analysis even though he advised
Justine's counsel that such an analysis has already begun. In Elon's counsel's February 6, 2009 letter,
27 he advised that much of the responsive documents in response to Jack Zuckerman's January 27, 2009
28 letter will be answered in Gursey Schneider's tracing analysis which they were working on. (Declaration
of Marshall S. Zolla ~11; Exhibit 3.)
10
IN RE MARRIAGE OF MUSK MEMORANDUM OF POINTS AND AUTHORITIES
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1
by the judge who hears the evidence. (Code Civ. Proc. 904.1; Fox v. Fox (1960) 127 Cal.App.2d
2 253.) Changing the trial judge before the case is complete and a statement of decision issued
3 requires a complete retrial. (Ravi/le v. ~ingh (1994) 25 Cal.App.4th 1127, 31Cal.Rptr.2d58; David
4 v. Goodman (1953) 114 Cal.App.2d 571.)
5 In the instant case, Elon attempts to avoid this issue by requesting relief to the effect that
6 it is not required that the same judge hear the balance of the trial as heard the segmented issue. For
7 this he cites California Rules of Court, Rule 3.1591. The Rule. however. does not stand for that
8 proposition. It states that if the other issues are tried by a different judge, then each judge must
9 prepare a statement of decision and order as to issues tried by that judge, and the last judge to act
10 prepares the final judgment (CRC 3.1591(c).) Rule 3.159l(c) is silent as to the circumstances under
11 which a case may be reassigned. Elon, anticipating that the 5-6 year length of this case which may
occur if his motion is granted may result in its reassignment from the present judicial officer, is thus
asking the Court for an advisory opinion regarding the future progress of the case. He is not entitled
to such an opinion. Rather, the Court must consider carefully the possibility of creating a situation
which could potentially require a retrial of a previously bifurcated issue-a possibility which will
add to the multiplicity of proceedings which Elon seeks, and would further complicate this already
complex case, and which would be avoided by simply denying the motion to bifurcate and trying the
entire case once.
IV.
20 BIFURCATION IS NOT WARRANTED BECAUSE DETERMINATION OF THE
21 VALIDITY OR INVALIDITY OF THE POSTNVPTIAL AGREEMENT
22 INVOLVES VALUING ASSETS BOTH AT THE TIME THE AGREEMENT I
2 necessary. He, ignores, however, the fact that in order to determine the validity or invalidity of the
3 Postnuptial Agreement, the Court must determine what assets Justine gave up, what consideration
4 she received, and the benefits he obtained at the time the Postnuptial Agreement was signed. Such
I
5 analysis requires the Court to examine Elon's disclosure or lack of disclosure of the value of the
6 assets at the time the Postnuptial Agreement was signed.
7 v.
8 DISCOVERY SHOULD NOT BE STAVE]) OR LIMITED
1
community or the community estate, and from the moment of marriage forward, that partnership
2 exists until the completion of maritahlissolution and winding up of the community partnership by
3 division in accordance with the Family Code.
4 Jn this case, Elon's improper request to stay discovery in this case is unwarranted and
5 constitutes a breach of his fiduciary duty of full and complete disclosure of any and all information
6 concerning the parties' assets and income. Given that the factual issues regarding the Postnuptial
7 Agreement are intertwined, limiting discovery will result in repeated disputes over what evidence
8 falls within the scope ofElon's request for a discovery stay. An illustrative example of the discovery
9 Justine needs to undertake in this case concerns the nature and value of the property Elon held at the
10 time the parties executed the Postn~ptW Agreement Elon violated his legal duty to fully and
11 completely disclose to Justine any and all information and backup documentation regarding the
nature and value of his assets prior to entering in the Postnuptial Agreement. Now, Elon seeks to
improperly block discovery regarding the value of the assets listed en Exhibit B to the Postnuptial
Agreement, which discovery is expressly authorized under In re Marriage ofBurkle (2006) 139
Cal.App.4th 712, 723, 744, n.1, and the Civil Discovery Act in Code o/Civil Procedure 2017.010.
Elon's broad brush requested relief is poorly framed because Justine is entitled to this information.
. .
Justine has not received critical discovery regarding the value ofElon's assets at the time the parties
executed the Postnuptial Agreement.
Not only did Justine not have knowledge or understanding of the assets in existence at the
20 time of the Postnuptial Agreement that she was giving up, she also did not understand that she was
21 giving up her potential Pereira/Van Camp interest in the potential growth of those assets. Elon spent
22 the entire eight and a half year marriage pouring bis heart and soul into SpaceX, Tesla Motors and
23 SolarCity, which helped him increase the value of estate from $14 million at the time of marriage to
24 in excess of $500 million eight (8) years later. No attorney signed or approved the Postnuptial
25 Agreement. Without advice from an attorney, Justine could have not possibly known what she was
26 giving up. Within weeks of their marriage, Elon demanded that Justine sign the Postnuptial
27 Agreement without the advice of counsel. Case law, enhanced by the provisions of Section 16404,
28 required that Justine be fairly compensated, and therefore that she receive complete disclosure of not
13
INRE MARRIAGE OF MUSK MEMORANDUM OF POINTS AND AUTHORITIES
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1
only the actual value but also the p9tential.enhancement of value of her interest.5 In short, before
2 Elon could request Justine to sign the Postnuptial Agreement, Elon had to disclose his business plans
3 which would affect the future value of the community interest in property acquired after marriage
4 which Justine then held. Elon did not do so. He has, however, significantly enhanced the value of
5 that interest through his skill and efforts, which, but for the purported Postnuptial Agreement, would
6 constitute community assets. Justine is therefore entitled to attack the purported transfer or
7 elimination of her interest. To do so, she must have discovery of the nature and extent of her interest
8 at the date of execution, and of the information known to Elon as to bis business plans for
9 enhancement of the asset which he was taking from her. In addition, she needs discovery of what
10 occurred thereafter to validate Elon's business models, because that will demonstrate the accuracy of
11 Elon' s projections which he secreted at the time of the Postnuptial Agreement. Elon' s attempt to
circumvent and avoid such valuations and to over simplify the issues before the Court constitutes a
transparent attempt to present an incomplete picture of the issues to be determined in this
proceeding.
B. Elon Musk's Reliance on Ritkind v. Superior Court is Misplaced
Elon misstates the reasoning and holding in Rifkind v. Superior Court (1981) 123
Cal.App.3d 1045, as it applies to the facts in this case. The Rifkind case addresses the private
financial affairs of nonparties, that is, a parties' seeking corporate records that relate to other
. shareholders, not those of a party, and ''knowledge of confidential corporate affairs." (Id at 1049.)
20 Elon's reliance on Rifkind v. Superior Court, supra, 123 Cal.App.3d at 1052 is misplaced because he
21 omits any mention of nonparties in the quote he cites. The Court of Appeal in that case held the trial
22 court "... should carefully consider whether disclosure of the financial dealings of non-parties, even if
23 shown to be relevant, may not better be deferred until the court has resolved other issues which
24 might make the disclosure unnecessary." (Emphasis added.) Justine is not asking for information
25
26
5
Unlike In re Marriage ofLeni (2006) 144 Cal. App. 4th 1087, Justine is not asking that any
27 portion ofthe Corporations Code other than those specifically incorporated in Family Code Section 721,
28 be applied. She seeks only to enforce Elon's duties embodied in both Family Code Section 721, and
Corporations Code Section 16404, to invalidate Elon' s improper acquisition ofher community interests.
14
IN RE MARRIAGE OF MUSK MEMORANDUM OF POINTS AND AUTHORITIES
l:\WPDATA\MUSK\llD BUbrcatlon Mollonloppoaltlon\blrtlnacadon.mpa.wpd
1
concerning shareholders and their families, as was the case in Rifkind. Accordingly, discovery
2 should not be stayed or restricted in advance, as he requests.
3 C. Discovery Concerns due to Elon Musk's ~ecent Cessation of Information
4 At the time of Justine's filing her Motions for Joinder on January 27, 2009, Elon's
5 voluntary cooperation for discovery ceased, as did his payment of attorneys' fees. Mr. Clemens is
6 now blocking accountant-to-accountant communications and insists on controlling discovery
7 through his office. Justine is concerned about obtaining documents she needs to prepare her case. By
8 way of example, Justine needs access to discovery related to Elon's income and cash flow available
9 for child support and spousal support, since there are no current Court orders regarding these issues.
10 She also should have access to documents for purposes of attorneys' fees. As stated in the
11 Declaration of Jack Zuckerman, there is significant documentation that is needed for Justine to
properly litigate this case. (Declaration of Jack Zuckerman, C.P.A. ~~5-11.) In addition; Mr.
Clemens on the one hand has advised Justine's counsel in his February 6, 2009 letter that the Gursey
Schneider LLP tracing report would be forthcoming. (Declaration of Marshall S. Zolla ~11; Exhibit
3.) Now Elon argues in his Motion that he should not have to do a tracing analysis. Again, Elon has
come to the proverbial fork in the road and has chosen multiple, conflicting paths which don't work.
VI.
ELON IS NOT ENTITLED TO A CASE MANAGEMENT ORDER
A current Income ai1d Expense Declaration, one that was completed within the last three
20 months absent any material changes, is required to be filed and served with a party's moving papers
21 in connection with any hearing regarding financial issues. (California Rules of Court, Rule, 5.128;
22 In re Marriage ofTydlaska (2003) 114 Cal.App.4th 572.) A party cannot file an Income and
23 Expense Declaration after their moving papers in an attempt to comply with the rules because then
24 the other party would not have an opportunity to respond to such claims. (In re Marriage of
25 Hoffmeister (1984) 161 Cal.App.3d 1163.) Family Code Section 2032(d) does not waive that
26 requirement. Family Code Section 2032(d) must also be read with Family Code Section 2030(a)(l)
27 which ensures that each party has access to legal representation and Family Code Sections 2450 and
28 2451 pertaining to case management. Section 2450(b) provides that no case man~gement plan may
15
IN RE MARRIAGE OF MUSK MEMORANDUM OF POINTS AND AUTHORITIES
l:\WPDATA\MUSK\RO Bifurcation Mo1ionlopposi1ionlbirfuraca1ion.mpa.wpd
1
be orde~ed absent stip'91ation of the parties, and Section 2451(j), provides that a stipulated case
2 management plan may include a Section 2032(d) allocation plan. These statutes limit the powers of
3 the Court to impose case management plans over the objection of parties.
4 In the present case, Elon did not file an Income and Expense Declaration with pis moving
5 papers and cannot do so with his Reply Brief or at any other time before the May 5 hearing because
6 then Justine would not have an opportunity to respond. Elon's failure to file an Income and Expense
7 Declaration should be viewed as consent to any fee request the Court makes. Elon's request for
8 imposition of a case management order (over Justine's objection) under Family Code Section
9 2032(d), is further belied by his own characterization of the proceedings. His moving papers assert
10 that the issues pertaining to the validity' of the purported agreement are simple, requiring little
11 discovery and preparation, an~ that the decision that the purported agreement is valid eliminates all
issues of property division from the case. He cannot make those arguments on one hand, and call the
case complex for purposes of Section 2032(d) on the other hand. Elon's idea of a case management
plan is that it should call only for a limitation on fees to enable Justine to litigate the case and a
limitation on her right to attorneys fees awards made pursuant to Family Code Section 2030. The
language of section 2032(d) does not support Elon's position. It permits the court, after a finding of
complexity, to implement a case management plan "for the purpose of allocating attorneys' fees,
court costs, expert fees and consultant fees equitably between the parties." In this case, Elon's vast
wealth, Justine's lack of we8.lth, and Elon's efforts to relegate her to relative penury through the
20 purported Postnuptial Agreement, demonstrate that the court must act pursuant to Family Code
21 Section 2030(a)(l) to ensure Justine adequate access to legal representation to preserve her rights.
22 VII.
23 THE COURT SHOULD ORDER ELON MVSK TO PAXPENPENTE LITE
24 ATTORNEYS' AND ACCOUNTANTS' FEES UNDER
25 FAMILY CODE SECTIONS 213 AND 2030
26 For the various reasons enunciated herein, Justine should be awarded attorneys' fees and
27 costs to fund this case under Family Code Section 213, which enables a party to seek affirmative
28 relief related to the relief requested by the moving party and Family Code Section 2030:
16
IN RE MARRIAGE OF MUSK MEMORANDUM OF POINTS AND AUTHORITms
L'\WPDATAIMUSK\IW Billlrcalloo MOlion\opposhlonlblrfilrKlllcn.mpa.wpd
1 A.
The Court Should Create Parity Between the Parties, in LiKht of Justine
2 Musk's Need for A:ttorneys' and Accountants' Fees and Costs and Elon
3 Musk's Ability to Pay Them
4 According to Family Code Section 2030(a)(l), the Court must ensure that each party has
5 access to legal representation to preserve his or her respective rights. Family Code Section 2030
6 provides in pertinent part:
need for fees consistent with the factors permitting such an award as described in Keech and Cueva.
This case is sophisticated and complex, in view of the parties' substantial assets, cash flow, lifestyle,
and legal issues. A substantial amount of fees will be incurred due to the fact that the validity of the
Postnuptial Agreement will need to be tested and examined because Justine contends it is invalid for
the reasons set forth in her Response to the Dissolution of the Marriage filed with the Court on
August 21, 2008. In that regard, depositions will need to occur in Palo Alto, California. Substantial
20
fees will also be incurred because of the sophisticated nature of the parties' business interests in
21
SpaceX, Tesla Motors, and SolarCity. There are complex fiduciary duty issues concerning Elon's
22
investment of community resources expended for the benefit of SpaceX, Tesla Motors and SolarCity.
23
As the parties prepare for trial (or contemplate settlement), counsel will most certainly need to retain
24
consultants and experts to assist in the analysis and division of business interests. Apart from the
25
complicated financial aspect of this proceeding, there are five (5) children, under the age of six (6),
26
some of whom have special needs. As a result, custody may be at issue.
27
Invoices generated by Justine's attorneys and accountants, which can be made available
28
19
IN RE MARRIAGE OF MUSK MEMORANDUM OF POINTS AND AUTHORITIBS
l:\WPDATAIMUSK\RD Bif\Jrca1ion Motion\opposilion\birfuracation.mpa.wpd
1
upon request by the Court, demonstrate that all work performed and fees and costs incurred, given
2 the complexity of the case, reflect that her attorneys' fees and costs are just and reasonable under the
3 Keech and Cueva standards. A detailed list of the work performed, and work to be performed in the
4 near future, is set forth in the accompanying Declaration of Marshall S. Zolla and Jack Zuckerman.
5 (Declaration of Marshall S. Zolla 1130~3 l; Declaration of Jack Zuckerman 120.) A substantial
6 amount of time, skill and attention has been, and will continue to be, required to bring this case to
7 trial to properly represent Justine's claims and contentions regarding the foregoing issues. Justine
8 needs help with her mounting legal fees. Accordingly, Justine's request for $450,000 in attorneys'
9 fees ($199,154 due and owing; $250,000 on account) and $225,000 in accountants' fees ($49,000
10 due and owing; 175,000 on account) should be granted.
11 vm.
CONCLUSION
Based upon the foregoing, Justine requests that Elon's Motion be denied in its entirety and
she be awarded attorneys' and accountant's fees and costs pursuant to Family Code Sections 213 and
2030. Alternatively, Justine requests the relief set forth in Attachment 8 to her Responsive
Declaration.
Dated: April2:/, 2009 Respectfully submitted,
20
21
22
23
24
25
26
27
28
20
IN RE MARRIAGE OF MUSK MEMORANDUM OF POINTS AND AUTHORITIES
L'IWPDATA\MUSKIRD Blfilrcatlon Mollonlopposilionlblrlb!Ulllon.mpa.wpd
1
DECLARATION OF MARSHALL S. ZOLLA
2 I, MARSHALL S. ZOLLA, declare as follows:
3 1. Declarant is an attorney at law licensed to practice in the State of California.
4 Declarant is a member of the Law Offices of Marshall S. Zolla, A Professional Corporation,
5 attorneys of record for Respondent, Jennifer Justine Musk, ("Justine") in the within dissolution of
6 marriage proceeding. If called upon as a witness, Declarant could and would competently testify to
7 the following:
8 2. Declarant submits this Declaration in Opposition to Petitioner, Elon Musk's
9 ("Elon") Motion for Bifurcation of Postnuptial Agreement and Other Relief and requests the
10 following alternative relief:
A. That the Court deny Elon's request for an early and separate trial on
the issue of the validity and enforceability of the Postnuptial Agreement, dated March 10, 2000;
B. That the Court deny Elon's request to stay discovery on all property
related issues, other than the validity of the Postnuptial Agreement pending the bifurcated trial;
C. That the Court order that the entire case be tried as a unit, and not tried
in small segments both for reasons of economy to the parties and the judicial system, with one judge;
D. That the Court deny Elon's request for a case management order
regarding Elon's payment of Justine's attorneys' fees and costs pending the bifurcated trial;
E. That the Court order Elon to pay the sum of $450,000 to the Law
Offices of Marshall S. Zolla, A Professional Corporation, on account, as and for attorneys' fees
outstanding of about $200,000 and $250,000 of additional fees; and
F. That the Court order Elon to pay the sum of$225,000, which includes
23 an outstanding balance of $49,000, to Justine's forensic accountants, White, Zuckerman, Warsavsky,
o-
-12 4. In Paragraph 8 of his Declaration, Mr. Clemens states if the Postnuptial
N Ill
~~3 Agreement is valid and enforceable, then there is nothing to litigate concerning the characterization,
Ill co
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< ~; '4 valuation and division of the parties property. Mr. Clemens, however, ignores that to determine the
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,s validity or invalidity of the Postnuptial Agreement, the parties assets at the time the Agreement was
S:J~~:J.6 signed must be valued. Due to Elon's fiduciary duties and his possible usurpation of business
~ < !! < <
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~: ~ J7 opportunities, the assets must be valued at the time of enforcement of the Postnupial Agreement as
:a< ~..... Ill..J
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.. ~~8 well. Because all of these issues are intertwined, it is more appropriate, as a matter of judicial
uz
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NO
economy, and less costly, to try the entire case once rather than twice.
..J
20 5. In Paragraph 9 of his Declaration, Mr. Clemens admits that he will litigate the
21 tracing, characterization and valuation issues if the Postnupial Agreement is found to be invalid or
22 unenforceable. As a result, bifurcating this issue will not promote judicial economy or save the
23 parties time or money. A good example of this is that Mr. Clemens states that a ruling in Justine's
24 favor will result in a lengthy tracing analysis, and a complex Pereira/Van Camp analysis. But he asks
25 the court to delay commencement of these analyses until after a trial and potential appeal of the
26 issue, (an 18-24 month delay), after which the needed discovery and preparation would likely delay
27 I II
28 II I
2
JN RE MARRIAGE OF MUSK DECLARATION OF MARSHALL S. ZOLLA
1:\WPDATA\MUSKIJID Blllm:atlon Motlon'lappolitlon\decl.msz.wpd
1
trial for at least an additional year. 1 Any appeal of an ultimate judgment will mean that this case,
2 which has already been pending for approximately one year, will require a total of between 5 and 6
3 years to ultimate resolution. It is more appropriate as a matter of judicial economy and less costly to
4 proceed with the analyses and try the entire case once.
5 6. Mr. Clemens in his Declaration also omits a significant issue, that being the
6 likelihood that ifthe issue of the validity of the Postnuptial Agreement is bifurcated, there will be an
7 interlocutory appeal (or a proceeding by extraordinary writ), by the losing party and an unnecessary
8 stay of proceedings while that appeal goes forward. If the issues pertaining to the validity of the
9 Postnuptial Agreement are tried separately, whichever party does not prevail is most likely to request
I. IO a certificate for interlocutory appeal. If such certificate is issued, it is followed by a motion to the
11 Court of Appeal for leave to appeal, and if that motion is granted, an appeal proceeds which will
o-
-12 consume at least one full year. These proceedings might involve two or even three trials-a
N OI
~~3 segmented trial of the ~ssue of the validity of the agreement, a bifurcated trial on issues pertaining to
Ill 10
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..::I ;: Ill custody of the children (the parties are currently in mediation), and an overall trial on property
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r~~ division and support issues, which might not occur until after an appeal. A series of shorter trials is
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II: not efficient because it requires parties, counsel, and witnesses, to prepare multiple times, never
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,.J.. 7 knowing when the matter will be actually heard, all of which increases costs. A series of trials also
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uz
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NO
because a subsequent judicial officer will need to review the entire file to be prepared to address the
.J
20 interrelationship between an issue previously determined and the issues remaining to be determined.
21 7. Mr. Clemens never discussed a Case Management Plan with Declarant.
22 Declarant first learned of this in El~'s moving papers. Declarant does not agree with this request.
23 DECLARANT'S DISCOVERY CONCERNS
24 8. Declarant's office has received significant discovery on a rolling basis, but
25 there is extensive documentation that has not yet been produced although most if it has been
26 requested. By way of example, Declarant's office only received the most recent financial statements
27
1
28 He says this even though Elon's accountants have already started this analysis per
Paragraph 12, below.
3
IN RE MARRIAGE OF MUSK DECLARATION OF MARSHALL S. ZOLLA
l:\WPDATAIMUSKIRD Bflllrcallon Motlon\oppolltlon\ded.nuz.wpd
1
and tax returns for SpaceX, Tesla Motors and SolarCity and has received little if any documentation
2 regarding Elon's 2008 or 2009 income for purposes of pendente lite child support, spousal support or
3 attomeys's fees. Such information is necessary because there is no current order for child support,
4 spousal support or attorneys' fees. Declarant has further received no documentation regarding
5 valuation of the parties assets either at the time the Postnuptial Agreement was signed or at the time
6 of enforcement. As a result, Declarant still needs to perform discovery as set forth more fully in the
7 Declaration of Jack Zuckerman, C.P.A and as briefly set forth below.
8 9. On March 30, 2009, at the hearing on Justine's Motions for Joinder of
9 SpaceX, Tesla Motors and SolarCity, Declarant raised with the Court Declarant' s concerns about
10 :fiduciary duties and discovery. Declarant's concerns, the court's and Mr. Clemens's response to
11 Declarant's discovery concern.s are as follows:
O-
-12 MR. ZOLLA: Mr. Musk, He's filed a motion that we were served with on Friday
N OI
~ ~3 where they are saying "We want to stay all discovery in this case." We're going to object to that. So
w '
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<~5014 this business of full cooperation, we need to be able to get in and get corporate records not through
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Mr. Musk but directly from the corporate entity.
!!CllSuio
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O,.;i~a:j6 THE COURT: You have that right. You can serve a subpoena on the company.
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ci:: ... a: MR. CLEMENS: They did, and it was complied with.
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~~ ~ ~8 THE COURT: I got the whole friendly subpoena stuff. I read it. All right.
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~ ;J.9 (A true and correct copy of the Transcript of Proceedings, March 30, 2009, p. 22, lines 1-11, is
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20 attached hereto, marked Exhibit 2, for which Declarant requests the Court to take Judicial Notice.)
21 10. On January 27, 2009, Jack Zuckerman sent Mr. Clemens a letter with
22 discovery requests. (See Declaration of Jack Zuckerman, C.P.A., filed concurrently herein, and Jack
23 Zuckerman's letter dated January 27, 2009 attached hereto, marked Exhibit 20 (account numbers
24 redacted for confidentiality).)
25 11. On February 6, 2009, Declarant received a letter from Elon's counsel stating
26 that "while he generally promote[s] accountant-to-accountant communication as a means to expedite
27 discovery, increasing efficienc~. and reducing the cost of litigation, the breadth and detail of the
28 document demand require that the lawyers communicate directly so that we can eliminate discovery
4
IN RE MARRIAGE OF MUSK DECLARATION OF MARSHALL S. ZOLLA
l:\WPDATAIMUSK\RDBifurcation Motion\opposltlon\dcctmsz.wpd
1
that is wmecessary, unproductive and unduly expensive and get Justine's accountants what they
2 really need." Mr. Clemens further stated that a "vast majority of documents that Jack requested
3 relate to the issues that will be the subject of the tracing report that Gursey. Schneider & Co. has
4 been working on.'' (A true and correct copy of Mr. Clemens' letter dated February 6, 2009 is
5 attached hereto, marked Exhibit 3.)
6 12. On February 26, 2009, Declarant's office hand delivered a letter to Mr.
7 Clemens regarding discovery requests and a response to his February 6 letter. In that letter,
8 Declarant advised Mr. Clemens, that he was willing to defer our requests for documents in categories
'
9 1-47 and 50-51 based upon his representation that all of our requests will be addressed in the Gursey
10 Schneider LLP tracing report. Declarant requested a date upon which he would receive the tracing
11 report. Declarant sought clarification in several categories of documents and again requested certain
o-
-12 documents, including Elon's 2008 income, but Declarant has not received a response to this letter or
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~ ;)3 the documents. Mr. Clemens has not provided the tracing report, though he said it was coming. It
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o,..;j~c:j6 avoid the expense of tracing issues since there would be no need for them. (A true and correct copy
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13. On February 26, 2009 (at Justine's deposition), on March 9, 2009 (in a
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20 telephone conversation as to the Lakin Spears LLP retainer agreement), and again on March 30, 2009
21 (at the time of the joinder hearing), Declarant asked Mr. Clemens for additional documents that he
22 received from Lakin Spears LLP. Mr. Clemens stated that he would provide those documents. On
23 April 6, 2009, Declarant received some of the documents. Declarant believes there may be
24 additional documents which Declarant has not yet received.
25 14. In response to Mr. Clemens' statements that he facilitated discovery with the
26 coi:porations. Declarant has the following responses:
27 A. Prior to September 5, 2008, Declarant requested numerous documents
28 regarding SpaceX, Tesla Motors and SolarCity. In response, Elon's attorney suggested that "friendly
5
IN RE MARRIAGE OF MUSK DECLARATION OF MARSHALL S. ZOLLA
l:\WPDATAIMUSK\RD Bifurcation Motion\oppositionldecl.msz.wpd
1
subpoenas" be sent requesting the most recent income tax returns and financial statements.
2 B. On September 10, 2008, Declarant received a letter from Mr. Clemens
3 confirming that "friendly subpoenas" be sent and assuming no objection is interposed by any of the
4 three entities, he anticipated the requested documents would be provided promptly. (A true and
5 correct copy of Bruce Clemens' letter dated September 10, 2008 is attached hereto, marked Exhibit
6 5.)
7 c. On September 19, 2008, Declarant received another letter from Mr.
8 Clemens regarding the "friendly subpoenas." In that letter, Mr. Clemens advised sending the
9 subpoenas were the best means to facilitate the production of the requested documents from the
10 corporate entities. (A true and correct copy of Bruce Clemens' letter dated September 19, 2008 is
11 attached hereto, marked Exhibit 6.)
o-
-12 D. On September 23, 2008, Declarant provided Elon's attorneys with
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~ ;!13 subpoenas for SpaceX, Tesla Motors and SolarCity. (A true and correct copy ofDeclarant's letter
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20 the subpoenas to conform to the documents that he had and that would reduce the risk that there be
21 corporate delay or objection. (A true and correct copy of Bruce Clemens' letter dated September
22 23, 2008, redacted for privacy, is attached hereto, marked Exhibit 8.)
23 F. On September 24, 2008, Declarant re-issued the subpoenas by
24 narrowing the scope and only asking for the most recent tax returns and :financial statements. (A true
25 and correct copy of Declarant's letter dated September 24, 2008 is attached hereto, without
26 enclosures, marked Exhibit 9.)
27 G. On January 27, 2009, Justine's forensic accountant, Jack Zuckerman,
28 C.P .A., sent Elon' s forensic accountant, Rosemarie Reed, C.P .A. of Gursey Schneider LLP ., a letter
6
JN RE MARRIAGE OF MUSK DECLARATION OF MARSHALL S. ZOLLA
l:IWPDATA\MUSK\RD Bifurcatlon Motionlopposition\decl.msz.wpd
1
requesting corporate documents related to certain contracts to ascertain value of the corporate entity.
2 (See Exhibit 20.)
3 H. On February 6, 2009, Mr. Clemens responded to Mr. Zuckerman's
4 letter by sending a letter to Declarant. In that letter, Mr. Clemens advised that the documents
5 requested relating to SpaceX and Tesla are not documents personal to Elon and that such documents
6 belong to SpaceX and to Tesla respectively. He further stated "as we have stated in the past Elon
7 does not have authority as an individual to compel corporate entities to produce documents." He
8 further advised that "Elon does not speak for the entities and cannot control them. The entities have
9 counsel who speak for their 'interests. IfMr. Zuckerman seeks documents from any of the entities,
10 we suggest that you prepare subpoenas. Declarant presumes that the entities will respond to the
11 subpoenas as they determine appropriate. This is not a matter over which I have any influence." (See
o-
-12 Exhibit3.)
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a: Cll'- facts in dispute surrounding the Postnuptial Agreement. Declarant does not agree that there is as
:<~ => 111
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c ~ ~8 limited amount of work to be performed to bring this issue to trial. Declarant needs to perform
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discovery on this issue, which will include Special Interrogatories, Requests for Admissions and
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20 General Civil Form Interrogatories. Such discovery will also include depositions of third party
21 witnesses, including Elon's counsel, Robert Miller, the former Lakin Spears attorney, Sherrol
22 Cassedy, who drafted the Postnuptial Agreement, Lakin Spears whose office drafted the Postnupial
23 Agreement, and any witnesses to the signing of the Postnuptial Agreement. Such discovery will also
24 include the deposition of Justine's counsel that did not represent her in connection with the
25 Postnuptial Agreement and the deposition of Elon. Some of the third party witnesses are in Palo
26 Alto, California so Declarant or attorneys in his office will need to travel there to take depositions.
27 Declarant will also perform legal research. There may be additional discovery relating to this issue
28 for which Declarant is now unaware since Declarant has not yet prepared for this matter.
7
IN RE MARRIAGE OF MUSK DECLARATION OF MARSHALL S. ZOLLA
l:\WPDATAIMUSKIRDBifim:lllonMoUonloppolitlonldeclmsz.wpd
1 16.
Based upon Declarant' s experience litigating family law matters, Declarant
2 does not concur with Mr. Clemens' estimate of the fees and believes he underestimates them.
3 Declarant's fees to date are relatively similar to Mr. Clemens' fees, though Declarant's fees entail
4 putting together a comprehensive settlement proposal, but Mr. Clemens' fees do not.
5 17. As set forth in Elon's Income and Expense Declaration, dated February 10,
6 2009, served with his Prelimin!llY Declaration of Disclosure on February 12, 2009, Elon paid his
7 attorneys' fees and costs $159,184 and owes $105,598 as of October 20, 2008. Declarant does not
8 know what Elon's attorneys' fees are from October 2008 through the present, nor does Declarant
9 know what Elon has paid or owes to his forensic accountants from the inception of this case until the
10 present. Mr. Clemens' rates are also higher than Declarant's firms as his fees are up to $850 per
11 hour, compared to Declarant's at $695 per hour.
o-
-12 DECLARANT'S ATTEMPT TO MEET AND CONFER
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~ ~3 18. On January 27, 2009, Declarant sent Mr. Clemens a comprehensive settlement
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~NO;J9 2009 is attached hereto, marked Exhibit 10.)
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20 20. On February 12, 2009, Declarant sent a letter to Mr. Clemens advising that
21 Declarant thought it was premature to sever any issues at this stage of the proceedings. Declarant
22 stated that Declarant was willing to discuss the matter with him, including commencement and
23 completion of discovery regarding such bifurcated issues. (A true and correct copy of Declarant' s
24 letter dated February 12, 2009 is attached as Exhibit 11.)
25 21. On March 9, 2009, Declarant had a telephone conversation with Mr.
26 Clemens. Declarant advised him that Declarant thought about his proposal and that Declarant
27 disagreed with him. Declarant explained that Declarant would rather try this case once, not twice or
28 more. Declarant further stated that he could file his motion if he felt strongly about this, and we will
8
IN RE MARRIAGE OF MUSK DECLARATION OF MARSHALL S. ZOLLA
I:\WPDATAIMUSKIRD Bifu'"tion Motionlopposilion\decl.m!Z. wpd
1
have to let the court decide this one. Mr. Clemens advised that he would file a motion to bifurcate
I
2 and asked that Declarant hold off on corporate discovery until the motion is heard.
3 REQUESTS FOR PENDENTE LITE RELIEF
4 22. Justine retained the Law Offices of Marshall S. Zolla, A Professional
5 Corporation to represent her in connection with the pending marital dissolution proceeding.
6 23. For visual pm:poses and the Court's convenience, a chart of Justine's
7 attorneys' fees and accountants' fees as of March 31. 2009 (and Declarant's fees for April 1-16,
8 2009). explained more fully below. is set forth as follows:
9 TOTAL FEES INCURRED FEES OUTSTANDING
FEES PAID
10
Law Offices of Marshall S. Zolla, APC $283,437 $193,469
11 $476,906
($139,176 as of March 31,
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of $54,293 for April 1-16,
~ ;)3 2009)
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..:i;: ti) Ol'- Mitchell Silberberg & Knupp $19,150 $4,000
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2 some of the children have special needs. Such issues may take a considerable amount of time and
3 professional effort to resolve. Although the parties are attempting to resolve these issues with David
4 Kuroda, if a custody evaluation is eventually ordered, third party depositions and third party
6 29. Issues of spousal support and child support must also be determined. Such a
7 determination requires accurate, current and updated and complete information about Elon Musk's
8 income and cash flow from all sources. There is a Stipulation re Retroactivity of Spousal Support
9 and Child Support and Order Thereon filed with the Court on November 20, 2008.
Musk's behalf:
Elon Musk, clo Space Exploration Technologies Corporation dated September 24, 2008.
Elon Musk, c/o Tesla Motors, Inc. dated September 24, 2008.
27 Taking Respondent's Deposition and Notice to Produce Documents served on February 23, 2009.
28 Ill
11
IN RE MARRIAGE OF MUSK DECLARATION OF MARSHALL S. ZOLLA
l:\WPDATAIMUSK\RD Bifurcation Motion\oppositlonldecl.1111Z.wpd
1
c.
Filed Motions for Joinder and an Ex Parte AP,Plication concerning
2 child custody issues. including:
3 (1) Motion for Joinder of SpaceX filed on January 27, 2009 set for
4 hearing on March 30, 2009.
5 (2) Motion for Joinder of Tesla Motors filed on January 27, 2009
6 set for hearing on March 30, 2009.
7 (3) Motion for Joinder of SolarCity filed on January 27, 2009 set
8 for hearing on March 30, 2009.
(4) Respondent's Request to Take Judicial Notice filed on January
27, 2009.
(5) File Reply Briefs on the Motions for Joinder.
(6) Ex Parte Application for a Protective Order preventing
Petitioner, Elon Musk, from deposing the parties' five nannies heard on October 31, 2008.
D. Prepared for and attended the depositions of the parties' nannies (i.e..
Stacy Edwards on October 31. Krisztina Rozsos on November 7. Beth Lipscomb on November 7.
and Jessica Taylor on November 11.
Agreement.)
F. Attended the three (3) hearings on Motions for Joinder.
G. Attended. prepared. reyiewed. and reyised various Stipulations for
22 filing with the Court. including:
23 (1) Stipulation re Retroactivity of Spousal Support and Child
24 Support and Order Thereon filed with the Court on November 20, 2008.
25 (2) Stipulation and Protective Order filed with the Court on
26 September 10, 2008.
27 (3) Stipulation re Continuance of Hearing on Respondent's
28 Motion re Joinder of Space Explorations Technologies Corporation; Tesla Motors; and SolarCity
12
IN RE MARRIAGE OF MUSK DECLARATION OF MARSHALL S. ZOLLA
I:\WPDATAIMUSK\RD Bllbrclllon Motlon\oppolfdon\ded.msz.wpd
1 Corporation.
2 (4) Draft and unsigned Stipulation for Evidence Code Section 730
6 Custody.
11 27. 2009 (to which Declarant's office has not received a meaningful response).
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-12 K. Numerous meetings with Justine Musk. her forensic accountants. her
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~~3 estate planning attorneys, her tax counsel, and her immigration counsel relative to this case.
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..:l;:ui<n1 L. Numerous telephone conversations with Justine Musk, her forensic
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M. Engaged in extensive correspondence and telephone communication
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with Elon Musk's counsel.
~NO~9 N. Sent numerous letters to Lakin Spears, LLP and Sherrol Cassedy.
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20 0. Had numerous communication with David Kuroda, the custody
22 . WORKTHATMUSTBEDONE
23 31. In order to complete work on Justine Musk's behalf and prepare her case for
26 2009 regarding the Joinder Motions, draft Prenuptial Agreement, and Postnuptial Agreement);
0 ..
-12 this time, in light of the anticipation of increased activity in this case, we request that our fees be kept
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current on a monthly basis. We will send you a letter at the beginning of each month advising you of
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~d 5 '4 the amounts due for the preceding month. We now request payment for the following amounts:
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:finalizing our January bill] and $72,440.98 for fees incurred during the month of February, which
:2 ~ E~8 includes time for preparation of the Joinder Motions, ongoing custody issues and Justine's
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deposition.
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20 B. The sum of $13,696 for Mr. Gipson's outstanding consulting fee.
21 c. The sum of $33,260.02, which comprises Jack Zuckerman's remaining
22 outstanding fees and February 2009 fees of $18,296.SO. (A true and correct copy ofDeclarant's
23 March 10, 2009 letter is attached as Exhibit 12.)
24 33. On March 24, 2009, Declarant received a letter from Elon's attorney stating he
25 would respond soon concerning the additional fee request contained in Declarant' s March 10, 2009
26 letter. (A true and correct copy of Bruce Clemens' March 24, 2009 letter is attached as Exhibit 13.)
27 34. On March 27, 2009, Declarant received another letter from Elon's attorney
28 stating "I am aware that we have not yet responded to your March 10, 2009 letter, which requests an
15
INRE MARRIAGE OF MUSK DECLARATION OF MARSHALL S. ZOLLA
I:\WPDATAIMUSKIRD Blfllrcatlon Mo~on\opposfdonldecl.msz.wpd
1
additional advance of attorneys fees. I do not want you to think that Elon' s motion is a signal that he
2 will not be paying the fees requested in your March 10, 2009 letter. As I stated in my letter of March
3 24, 2009, we are still considering your request and we will provide a definitive response soon." (A
4 true and correct copy of Bruce Clemens' letter dated March 27, 2009 is attached as Exhibit 14.)
5 35. On April 3, 2009, Declarant sent another letter to Elon's attorney stating "[i]f
6 Mr. Musk is going to pay the fees requested in our March 10 letter, we need a check to keep our
7 account current. If he is not going to pay our fees, please so indicate and we will file the appropriate
8 application with the Court, without further delay. Advising 'us that our request is "under
9 consideration," as you did in your March 27 letter and as you again told us in Court on March 30,
10 serves only to delay and does not enable us to keep our account current." (A true and correct copy of
11 Declarant's April 3, 2009 letter is attached as Exhibit 15.)
o-
-12 36. On Aprif 7, 2009, Declarant received a letter from Elon's counsel stating that
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~ ~ ~8 JUSTINE MUSK'S REQUESTS FORPENDENTE LITE FEES ON ACCOUNT
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37. Based on the aforementioned facts, Declarant respectfully requests that the
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20 Court make an appropriate award of attorneys' fees and costs in favor of Respondent, Justine Musk,
21 in the amount of $450,000, which includes the outstanding balance of $200,000, to be deposited on
22 account with the Law Offices of Marshall S. Zolla, A Professional Corporation. Declarant's current
23 hourly rate for services rendered in this case is Six Hundred Ninety Five Dollars ($695) per hour.
24 The hourly rates ofDeclarant's attorneys for services rendered in this case ranges from Three
25 Hundred Seventy-Five Dollars ($375) per hour to Six Hundred Ninety Five Dollars ($695) per hour.
26 Copies ofDeclarant's office's redacted bills reflecting the work performed to date can be submitted
27 to the Court upon request from the Court.
28 II I
16
IN RE MARRIAGE OF MUSK DECLARATION OF MARSHALL S. ZOLLA
l:\WPDATA\MUSKIRD Bifilrcotion Motionlopposltionldccl,msz.wpd
1 38.
It is further respectfully requested that the Court make an award of forensic
2 accountant's fees in favor of Respondent, Justine Musk, in the amount of $225,000, which includes
3 her outstanding balance of $49,000, to be deposited on account with her forensic accountants, White,
4 Zuckerman, Warsavsky, Luna, Wolf & Hunt LLP.
5 I declare under penalty of perjury under the laws of the State of California that the
4 of White, Zuckerman, Warsavsky, Luna, Wolf & Hunt LLP ("Firm"), whose principal offices are
5 located at 14455 Ventura Boulevard, Third Floor, Sherman Oaks, California 91423-2606.
6 Respondent, Jennifer Justine Musk, ("Justine") retained our Firm in the capacity of forensic
7 accountants. I submit this Declaration in support of Justine's Opposition to Petitioner, Elon Musk's
9 MY QUALIFICATIONS
10 2. The Firm's primary area ofpractice consists ofaccounting and appraisal litigation
11 services. I personally have been involved in this area of public accounting for over twenty-eight years,
o-
-12 during which time I have testified in family law courts over two-hundred times. (A true and correct
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copy of my Qualifications, summarizing my educational background, professional experience,
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t1 ~ ~ ~ ~5 PURPOSE OF DECLARATION
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20 D. An analysis of the parties' gross income and cash flow; and
21 E. An estimate of fees for work to be done.
22 BRIEF SUMMARY OF DOCUMENT REQUESTS
23 4. I need the documents requested, more specifically summarized below, in my letter
24 dated January 27, 2009, and my firm's email of March 16, 2009 (see Exhibits 20 and 21 referred to
25 below). I need these documents to analyze Elon's gross cash flow available for child support and
26 spousal support. I also need the documents and information requested to analyze the Gursey Schneider
27 LLP Marital Standard_, of Living Analysis. In addition to the documents requested in my firm's
28 correspondence and that of Justine's counsel, dated February 26, 2009, Exhibit 4, I also set forth below
1
IN RE MARRIAGE OF MUSK DECLARATION OF JACK ZUCKERMAN, C.P.A.
l:\WPDATAIMUSKIRD Birurcation Motion\opposition\decl.jz.final.wpd '
1
additional documents needed. These additional documents reflected in my January 27, 2009 letter
2 pertain to the validity or invalidity of the Postnuptial Agreement, to the extent and value ofElon's assets
3 presently, which are relevant to that issue and attorneys' fees and support. I also will need documents
4 ~the validity or invalidity of the Postnuptial Agreement at around the time the Agreement
5 was entered (which documents, appraisals and disclosures are not included in the list below.) I further
6 will need additional documents not referenced in my January 27, 2009 letter or counsel's February 26,
7 2009 letter regarding Elon's cash flow available for child support and spousal support.
8 INFORMAL DISCOVERY REQUESTS AND ELON'S RECENT LIMITATION ON
9 ACCOUNTANT TO ACCOUNTANT COMMUNICATION
10 5. On December 29, 2008, I sent Elon's accountant, Rosemarie Reed, C.P.A. of
11 Gursey Schneider LLP. a letter requesting specific documents related to Gursey Schneider LLP's
o-
-12 ("Gursey") Marital Standard of Living Analysis for the 18 months ending June 30, 2008. I requested
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~ ~3 these documents in order to thoroughly review Gursey' s analysis. (A true and correct copy of my letter
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,5 6. On January 27, 2009, Ms. Reed sent me a letter in response to my request. (A
O,.;i~a:j6 true and correct copy of Rosemarie Reed's letter, without enclosures, is attached as Exhibit 19.)
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20 of any retirement assets; (c) to ascertain the value of the family residence; (c) to detennine the existence
21 and value of all personal property; (d) to detennine the existence of insurance coverage; (e) to update
22 infonnation regarding the Preliminary Declaration of Disclosure; (f) to detennine the parties' liabilities
23 at the date of separation and presently; (g) to determine the source and character of investments in
24 various partnerships; (h) to determine ownership interest in entities; (i) to determine Elon's current
25 income and cash flow; and G) to perform business valuations of SpaceX, Tesla, SolarCity and Perquest,
26 Inc. (A true and correct copy of my letter is attached as Exhibit 20.)
27 8. On February 6, 2009, Bruce Clemens responded to Justine's counsel, Marshall
28 S. Zolla, rather than to me, as explained in Paragraph 12 of the Declaration of Marshall S. Zolla. In
2
IN RE MARRIAGE OF MUSK DECLARATION OF JACK ZUCKERMAN, C.P.A.
l:\WPDATA\MUSK\RD Bifilrcation Molion\opposition\dccl.jz.final.wpd
1
I
Bruce Clemens' letter dated F~bruary 6, 2009, Mr. Clemens advised that he did not respond to items
2 1 through 45 of my letter because he wanted me "to waif' for the Gursey tracing report and work
3 backwards. I have not yet received the Gursey tracing report. I also have not received many of the
4 documents requested in my January 27, 2009 letter.
5 9. On March 16, 2009, Jennifer Magnes of my firm sent an email to Michael Yeh,
6 Elon's accountant, with questions regarding the Gursey Schneider LLP Marital Standard of Living
7 Analysis. (A true and correct copy of her email is attached as Exhibit 21.)
8 10. On March 27, 2009, my office was for the first time advised that the document
9 requests need to go through counsel. I was unable to obtain the documents and responses to the
10 questions set forth in the March 16 email. To date, I have received no response to this request.
11 ADDITIONAL DISCOVERY NEEDED
11. Items 73-78 [numbers of requested items follow from my January 27. 2009
letter] listed below are reguests for documents that are required for Tesla Motors, Inc., Space X and
SolarCity and Perquest, Inc. The documents requested for Tesla Motors, Inc., Space X and SolarCity
and Perquest, Inc. that I need are as foHows:
Item No. .Pocuments Requested
73. Compiled, reviewed and audited annual fmancial statements, including
balance sheets and income statements:
a. For the years 2004 through 2006, 2008 and any interim
.financial statements for 2009 year to date for SolarCity, Inc.
b. For the year 2008 and any interim financial statements for 2009
22 year to date for Tesla Motors, Inc.
23 c. For the year 2004 through 2006, 2008 and any interim financial
24 statements for 2009 year to date for Space Exploration Technologies, Corp.
25 d. For the year 2004 through 2008 and any interim financial
26 statements for 2009 year to date for Perquest, Inc.
27 Ill
28 Ill
3
IN RE MARRIAGE OF MUSK DECLARATION OF JACK ZUCKERMAN, C.P.A.
I:\WPDATAIMUSK\RD Bifurcation Motionlopposition\decljz.flnal.wpd
1
74.
All U.S., California and other state and foreign income tax returns:
2 a. 2004, 2005 and 2008 Tesla Motors, Inc. Corporation Tax
3 Return.
4 b. 2004, 2005 and 2008 Space Exploration Technologies
5 Corporation S Corporation Tax Returns.
6 c. 2004 through 2006 and 2008 SolarCity, Inc. Tax Returns
7 d. 2,004 through 2008 Perquest, Inc. Tax Returns
8 75. Annual general ledgers and journals for the fiscal years ending in 2007
9 and 2008 and an interim general ledger and journal for the period January 1, 2009 through the date of
10 production.
11 76. All CPA work papers used for the preparation of income tax returns
o-
-12 and financial statements for the years 2008 to the present.
N en
'.:~3 77. Access to paid bills and invoices from January 1, 2007 to the present.
w It>
I- 0
<~5014 78. Documents and supporting statements reflecting all loans and notes
,.;i ;:: Ul cn'-
,.;i < <
0 ~I- -
t1 ~ ~ ~ ~5 receivable as of December 31, 2007 and at present.
~VJ811Jo
.. ,.;i-' le: II.
O,.;i~o:j6 NET WORTH OF THE PARTIES LOOKS TO BE IN EXCESS OF $500 MILLION
~< !! < <
=:a.> u~7
=
VJ"'.
<
0: Ul1
~ ::> l1J
12. I thoroughly inspected Elon's Preliminary Declaration of Disclosure, dated
~ .. I- ..J
< ~ ~8 February 12, 2009, and am assisting Justine in the preparation of her Preliminary Declaration of
en z
~~9 Disclosure. The parties' largest investments are Space Exploration Technologies Corporation
NO
..J
20 (SpaceX), Tesla Motors, Irie. (Tesla) and SolarCity Corporation (SolarCity). Elon Musk materially
21 participates in all three companies. The value of the parties' three largest investments alone looks to
22 be in excess of $500 million.
23 Other Liguid and Non-Liguid Assets
24 13. Elon Musk's February 12, 2009 Schedule of As.sets and Debts, as part of his
25 Preliminary Declaration of Disclosure, reflects net values for the asset groups set forth below. As
26 noted below, over $10 million are liquid assets held in stocks and bonds.
27 Stocks, Bonds, Etc. $10,279,878
28 Household Furniture 1,108,800
4
IN RE MARRIAGE OF MUSK DECLARATION OF JACK ZUCKERMAN, C.P.A.
l:IWPDATA\MUSKIRD Bifurcation Motionlopposition\decl.jz.flnal.wpd
1
Vehicle, Boats, Trailers
18,248,704
2 Accounts and Notes Receivable 2,774,721
3 Non-Operating Business Interests 6,753,573
15. Justine is not seeking a formal award of temporary child support and spousal
support at this time because Elon is paying for most of her and the children's expenses. This
information is included to educate' the Court about the complexity of this case, the income and
expenses of the parties and the children as well as their marital lifestyle.
16. Attached hereto and incorporated herein as Exhibit 22 is my report of Gross
Income and Cash Flow Available for Support. My analysis is based on Elon' s income and cash flow
for the years 200~, 2006 and 2007 as reflected on his income tax returns for those years which he
filed using the status of "Married filing separately." In each of those years, the tax returns indicate
substantial capital gains income. The tax returns and the additional documentation upon which I
relied in preparing the Gross Cash Flow report is listed in the "Foundation" section of this
Declaration. [Paragraph 20 below.] Elon's average monthly income for the 3 years ended December
31, 2007 is $1,654,926 as summarized and explained in Exhibit 22.
17. I estimated a sayings component to be included in the determination of the
23 marital standard by summarizing just the major investments made during the marriage and dividing
24 111
25 Ill
26 Ill
27 Ill
28 Ill
5
IN RE MARRIAGE OF MUSK DECLARATION OF JACK ZUCKERMAN, C.P.A.
I:\WPDATAIMUSK\RD Bifurcation Motion\opposition\decl.)z.flnal.wpd
DANIEL J, JAfFEt*
BRUCE A. CLEMENS*U
WILLIAM S. RYDEN"
JAFFE AND CLEMENS
LAWYERS
433 NORTH CAMDEN DRIVE, SUITE I 000
'TELEPHONE
13101 !5:50-7477
Dear Marshall:
The vast majority of responses to the requests for admission are a patent evasion.
In the majority of instances, objections have been Interposed with no basis in law or fact.
Even though Justine gave an unqualified admission to only a relatively small number of
the requests for admission, she gave only three answers in response to Interrogatory
no. 17.1. There Is no issue as to objections to the Interrogatories. Since Justine
Interposed no objections to the Interrogatories, any objections that she might otherwise
have asserted are waived.
Justine has refused to admit or deny requests for admission regarding the most
fundamental Issues In this case. She has not Identified a single fact, a single document
or a single person that she claims will support her contentions.
This Is an abuse of the discovery process. The responses to the requests for
admission and the Interrogatories would constitute bad faith In and of themselves, but the
;:itHIB1T _<i
__
JAFFE AND CLEMENS
LAWYERS
Marshall S. Zolla, Esq.
November 18, 2009
Page2
bad faith is compounded by the positions that you previously have taken in discovery. As
just one example, I note Mara Berke's letter of November 3, 2009, in which she argued that
Elon had no right to obtain from Justine, by means of the demand for production of
documents that had been served on her, those documents that supported her contentions.
She went on to state:
"Elon has now served his requests for Admissions and Form
Interrogatories-Genera/, Set One, which are the appropriate method to seek
these types of responses. We suggest that rather than seek a Motion to
Compel on this issue, you defer this to the appropriate discovery method
which is outstanding."
At the time that Mara made that statement, she presumably knew that Justine had
absolutely no intention of identifying a single document in connection with the requests for
admission or the Judicial Council form interrogatories, even though Mara acknowledged
that Elon had used the appropriate method to obtain the identification of the documents
that support Justine's contentions. Regardless of whether Mara knew that Justine would
not be identifying a single document when- she made the statement in her letter of
November 3, your firm had to have been aware of Mara's representation when it was
preparing the responses to requests for admission and the responses to Judicial Council
form interrogatories.
This is but one example of the bad faith that pervades virtually every page of
Justine's latest discovery responses. Her responses are stonewalling, pure and simple.
That Justine would continue to engage in this type of stonewalling is all the mare
appalling in light of the comments that Judge Meisinger made regarding Justine's
response to the demand for production of documents at the hearing on Justine's most
recent order to show cause:
Therefore, I request that you contact me to schedule a time for us to meet and
confer, either telephonically or in person. I am available to meet and confer with you on
any of the following dates and times:
I request that you contact me by tomorrow, November 19, 2009, to notify me which
of these dates is best for you.
We did not conclude Justine's deposition at the last session of that deposition. We
agreed that we would reconvene the deposition. I propose that we reconvene Justine's
deposition on November 24 and November 25, 2009. Although I do not agree that
Justine's deposition be limited to one-half-day sessions, you have told me that Justine no
longer can participate in full-day sessions. Therefore, in an effort to complete her
deposition, I propose to reconvene the deposition over the course of two days.
You probably noted that November 24 has been proposed both for purposes of
Justine's deposition and for purposes of meeting and conferring regarding her latest
discovery responses. To the extent that Justine's deposition is taken either in the morning
or in the afternoon, we can use the remaining portion of the day to meet and confer.
B uce A. Clemens
of JAFFE AND CLEMENS
BAC/ps
VIA E-MAIL
This letter confirms my recent telephone conversation with your assistant, Lynn.
Lynn stated that you were not available on November 24 and 25, 2009, for deposition or
meet and confer, but that you are available on December 2 and 7, 2009.
I called Lynn and accepted your proposed dates. Specifically, Justine's deposition
will be set on December2, and 7, 2009, to commence at 9:00 a.m. unless you and I agree
to a different start time.
After the conclusion of Justine's deposition on December 2, 2009, we will meet and
confer concerning discovery requests.
I have in mind your prior deposition restriction which is that Justine will not sit for
more than one-half day depositions as opposed to all-day depositions. Therefore, the
expectation is that her depositions will end around 3.5 to 4 hours after they begin although
this early ending is over my objection.
BAC/ecs
cc: Elon Musk
F:\CLIENnMUSEL\LETTERIMZB199.wpd
JA.FFE AND CLEMENS TELEPHONE
DANIEL .J .JAFFEt* LAWYERS (31 O> 15!5<>7477
BRUCE A. CLEMENS*t* 433 NOR"TH CAMDEN DRIVE, SUITE 1000
WILLIAM S. RYDEN* FACSIMILE
BEVERLY HILLS, CALIFORNIA 90210
DAVID M. LUBOFF" <310) 2718313
CHARLES K. WAKE
NANC'f BRAOENPARKER LORNA A. RIFF', C.P.A.
STEPHANIE M. BARNETT
TODD A. MARON OF COUNSEL
ROBERT W. SfANLEYu MARK E. MAHLER
SANORA P. MENDELL .JUDITH N. JASON
FRISCO FAYER
CER!lflED llPl!:CIALISI' IN FAMILY I.AW
CALIFORNIA BOARD OF 1.mA1. November 30, 2009
SPECIALIZA'llON
t A PROl'DSIONAI.. CORPORATION
.t FELi.OW, AMl!:RICAN ACADOff
01' MATRIMONIAL LAW11!:RS
ALSO ADMma> TO PRACllCE IN
GEORGIA
VIA FAX
-:--J.U
''-' i BIT .0
JAFFE AND CLEMENS
U\WfERS
4. January 27, 2010: Last day to have discovery motions heard for
expert witnesses
Please confirm that we are in agreement. Please also confirm that Justine's
deposition shall commence at 9:30 a.m.
Bruce A. lemens
of JAFFE AND CLEMENS
BAC/sr
DANIEL J. JAFF'E*H
JAFFE AND CLEMENS TELEPHONE
BRUCE A. CLEMENS .. H
LAWYERS <310) 550-7477
433 NORTH CAMDEN DRIVE, SUITE 1000
WILLIAM S . RYDEN *
BEVERLY HILLS, CALIFORNIA 902 10 FACSIMILE
DAVID M. LUBOFF*
C3 10l 27 1-8313
CHARLES K. WAKE
NANCY BRADEN-PARKER LORNA A. RIFF, C.P.A.
STEPHANIE M. BARNETT
TODD A. MARON
OF' COUNSEL
ROBERT W_ STANLEY'*"
MARK E. MAHLER
SANDRA P. MENDELL
JUDITH N. JASON
FRISCO FAYER
CERT11'1ED SPECIALIST IN FAMILY LAW
CALIFORNIA BOARD OF LEGAL December 30, 2009
SPECIALIZATION
t A PROFESSIONAL CORPORATION
f FELLOW, AMERICAN ACADEMY
OF MAlRIMONIAL LAWYERS
*'ALSO ADMITIEO TO PRACTICE IN
GEORGIA
VIA FAX
- - - --- - - - - - - - - - - - - -
JAFFE AND CLEMENS
LAW'fERS
~d--Todd A. Maron
for JAFFE AND CLEMENS
TAM/sr
cc: Elon Musk
F:\CLIENT\MUSEL\LETTERIMZ-C309z.wpd
- - --- . - - -- - - - -- - - - - - - -- -
1 PROOF OF SERVICE
2 STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
3
4 I am employed in the County of Los Angeles, State of California. I am over the age
of 18 and not a party to the within action; my business address is 433 North Camden Drive,
5 Suite 1000, Beverly Hills, California 90210.
6 On January 4, 2010, I served the foregoing document described as:
7 PETITIONER'S EX PARTE MOTION TO ADVANCE 2/9/10 HEARING OR
EXTEND DEADLINE FOR HEARINGS ON DISCOVERY MOTIONS;
8 MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF
TODD A. MARON; SUPPORTING EXHIBITS 1 THROUGH 4
9
on the following interested parties in this action:
10
Marshall S. Zolla, Esq.
11 LASC - VAN NUYS
6230 Sylmar Avenue
12 Van Nuys, CA 91401
13 ---=BY FACSIMILE TRANSMISSION
On January 4, 2010, at approximately a.m./p.m., I served the above-
described document(s) on the interested parties in this action by facsimile transmission.
I caused said transmission to be sent from the facsimile machine maintained by Jaffe and
Clemens at (310) 271-8313. The document was reported as complete and without error.
A copy of the transmission report is attached hereto and was properly issued by the
16 transmitting facsimile machine.
17 BY MAIL (AND COURTESY E-MAIL)
I deposited such envelope in the mail at Beverly Hills, California. The envelope was
18 mailed with postage thereon fully prepaid. I am "readily familiar" with the firm's practice of
collection and processing correspondence for mailing. Under that practice it would be
19 deposited with U.S. Postal service on that same day with postage thereon fully prepaid at
Beverly Hills, California in the ordinary course of business. I am aware that on motion of
20 the party served, service is presumed invalid if postal cancellation date or postage meter
date is more than one day after date of deposit for mailing in affidavit.
21
t/ BY PERSONAL SERVICE
22 I caused such envelope(s) to be delivered by hand to the office(s) of the
addressee(s) noted above.
23
I declare under penalty of perjury under the laws of the State of California that the
24 above is true and correct. Executed January ~01 O, at Severi s, California.
25
26
27
28
PROOF OF SERVICE
FL-150
~TT,jR~,E' 1 C ~ ',\F\rt ,11Tr0UT Ant'RHE~ 1fid.'11e. Suto B.v11i;mt.e1 IJr.11 ct'1ct1~~J ! EtEP"O~~E NJ FOR COVRT vse 0111. y
JAFFE AND CLEMENS 1310) 550-7477
BRUCE A CLEMENS (SBN 60813)
LOS A!!~~!!m::
DAVID M LUBOFF (SBN 91233)
TODD A MARON (SBN 229818)
433 NORTH CAMDEN DRIVE. SUITE 1000
BEVERLY HILLS. CA 90210
TELE~rCtlE rt,:, 310-550-7477
E ~.') t AD:F';.~S1~;i\: 1 ; ,,
Employment 1Gwe mformat1on on rour current 1ob. or. 1f you'ro unemployed. your most rticent JCib )
. a Employer name SPACE EXPLORATION TECHNOLOGY GROUP (not my only JO!>)
,...A_tt_a_c~-
. c-o-p-
1e_s_o_f.., b Employer's address 1 ROCKET ROAD. HAWTHORNE. CALIFORNIA 90250
yo~r ~ay stubs for c Employer's phone number
1as11wo mcr.ths d. Occupation
310-363-6000
CEO/CTO
6AD CQ PY
tere (O!ack out e Date JOb started
s o c. ~I secu,1ty
numbers f If unemployed. data JOb ended
g I work about hours per weeK
h I get paid see ATTACHMENT 1 gross (beforti taxes) per month per week O Q 0 per tio~
If you have more than one job, attach an 8112by11" sh eat of paper and list the same information JS Jbovc for your othar
jobs. Write ~Question 1-0therJobs" at the top.) - SEE ATTACHMENT 1
2. Age and Education
a ~1y age 1s ( ~pecify) 38
~ 1h~,e completed high s:hool or ltie eQutvalenl [Z) Yes D No If no l11g'1est grade completed (~/;'Qi:,f/I
c Numbe o< v.,ars of coll-;9e complet~d (specrfy) 5 17l Dcgroe(s) obtained l sp r:cif; ) 1:::
o Nu'Tlte of~ears of graduate school completed fspcc1fyl Q De'.)TCC(S) obtamed f[pe c1f;)
" I oa;ot rt.e following D profess1ona//occupat1onal licenses rspecff)
Qvocat1onal tra1n1ng (Specify)
3 Tax infonnatlon
a ml last 'ilea taxes for tax year (spc<c1fy
b 1.~r11mg stmus 1s 0
single
;o 2007
head of household 12] married. filing separately
0 marrie:l filing jointly with (specify name)
c I file state tax returns rn c::J Califorma 0 Other (specify :SIJ/ti co. :l GA 10 ll. l,O. l.'0 NC 11, ~~ ( , . .. .:.;, Ul
.:1 I claim the tollcwmg number of exemptions (mcludmg myself) on my ta~es (specify) 1 FOR 2007
Respondent claims exemptions for the parties' 5 children as a ta :< benefit on her return
4. Other party's lncomo. I estimate the gross monthly income (before taxes) of lh~ othur p 1)' m Ihm eJse <JI (;p._.,;,f~J S
Ths estimate is based Cn (exp/am)
If you need more space to answer any questions on this form, attach on 8112by-11" sllcar of papor Dfld wr/lo tho
question number bofore your answer.) Number of pages attached
I d~: t,io: 1.:n:lt" pe n3 11) ~I P""JU') u~tft'f U>~ fJl'IS of fhR S1.,1e or Ca11rornra thJI lnt: '"''"m,1t1on c;,n1_.,.,-:d c.n .,11 s:io.111: ; ~I lh1. l: 1m d'~
Jn, attlcnir:er.ts is tru;> ana corre.:t
o~to;, SEPTE~JIBER 2009 n
ELON MUSK
tTYPE OR f'RINl NAME! Vv1./ P~ ~o 1 of4
'.
PETITIONER/PLAINTIFF: ON MUSK . I CASE NU-: BD 487 602
RESPONDENT/DEFENDANT: . NNIFER JUSTINE MUSK
OTHER PARENT/CLAIMANT:
Attach copies of your pay stubs for the last two months and proof of any other income to the first page. Take a copy of
your latest federal tax return to the court hearing. (Black out your social security number on the pay stub and tax return.)
5. Income (For average monthly, add up all the Income you received in each category in the last 12 months Average
and divide the total by 12.) Last month monthly
a. Salary or wages (gross, before taxes) ............ :........................................................................
b. Overtime (gross, before taxes) .............................................................................................
$
$ ----- . I
-----
8
'
:
e.
~:;~=:~:~;:f""":;;;;i;: TANF, SS1: 'G/t~Jn;;;;;;;i1; ~;~;;i;~::. :. ...:. .: . :.:::.: :_____
Spousal support from this marriage lrom'a different marriage ......... ... ...... .. ...... $
8. 171Additional income. I received one-time money (lotter winnings, inheritance, etc.) in the last 12 months (specify source and
t.,.;..J amount): SEE ATIACHMENT 1
9. l./lchange In Income. My financial situation has changed significantly over the last 12 months because (specify):
t.,.;..J SEE ATIACHMENT 1
FL150 (Rev. January 1, 2007( INCOME AND EXPENSE DECLARATION Page 2 of4
' PETITIONER/PLAINTIFF: El.USK
RESPONDENT/DEFENDANT: JE RJUSTINE MUSK
e CASE NUMBER: BD 487 602
OTHER PARENT/CLAIMANT:
12. The following people !Ive with me:
Name Age How the person is That person's gross Pays some of the
related to me? (ex: son) monthly income household expenses?
a. ELON MUSK 38 self SEE ATTACHMENT 1 ./Yes No
f-
b. GRIFFIN MUSK 5 son zero .__ Yes 7 No
-./ No
c. XAVIER MUSK 5 son zero , _ Yes -.(
d. SAXON, DAMIAN, KAI MUSK 3 sons zero Yes No
i- -
e. TALULAH friend .__ Minimal - Minimal
L
13. Average monthly expenses [2] EsUmated expenses 0 Actual expenses 0 Proposed needs
a. My~ h. Laundry and cleaning ..................................... _$_ _ _2__,_00_0_
(1) t..:::..J Rent or
If mortgage, include:
D mortgage ........_$;...___5;;. .;0;.:. 0,;;...;0""0_
Clothes ............. .......... .. .............................. _$.:..___ _2_,,,.;...50.-0_
(b) Average interest ....... ......;..$_ _ _ __ k. Entertainment, gifts and vacation ......................... $ 1,250
f.
g. Telephone/cell phone/e-mail .......................... $ 450
-----
1.s_oo
Utilities (gas, electric, water. trash) ... .... ............ _$.;..,__ _ _ ..
r TOTAL EXPENSES (aq) (do not add in
the amounts in a(1)(a) and (b)) NOTE BELOW:
11pprox1ma11 current expenns. 1ntn1rt not
computed 10 they art dnl9nat1d n 11llm1111.
$97,023.001
NOTE: Expensts exclude Elon's birthday party, unrelmburted business expenses s. Amount of expenses paid by others
to celebrate rocket launch and overhaul of Mercedes.
14. Installment a ments and debts not liste above
Paid to For Amount Balance Date of last payment
$ . $ .
$ . $ .
$ . $ .
$ . $ .
$ . $ .
15. Attorney fees (This is required if either party is requesting attorney fees.):
a. To date I have paid my attorney this amount for fees ~nd costs (specify) : c.- SEE ATTACHMENT 2
b. The source of this money was (specify): separate property account
c. I still owe the following fees and costs to my attorney (specify total owed~;
d. My attorney's hourly rate is (specify): $
'
fL-150 [Rev. J1nuuy 1, 2007) INCOME AND EXPENS E DECLARATION Page 3 of4
PETlTIONE~PLAINTIFF: EL.USK ' CAS-MBER: BO 487 602
RESPONDENT/DEFENDANT: JE R JUSTINE MUSK
OTHER PARENT/CLAIMANT:
18. Additional expenses for the children in this case: Amount per month
a. Child care so I can work or get job training .. ...................... ...... .. ...... . $ 10,000
b. Children's health care not covered by insurance ............ (Incl. speech therapy) $ 10,568
c. Travel expenses for visitation ... : ................................................. .. . $
d. Children's educational or other special needs (specify below): ........ . .. . $ 7,883
19. Special hardships: I ask the court to consider the following special financial circumstances
(Attach documentation of any item listed here, including court orders):
20. Other information I want the court to know concerning support in my case (specify):
---------------
ATTACHMENT 1 TO INCOME AND EXPENSE
DECLARATION OF PETITIONER ELON MUSK
1
Based on 2008 average. For the first nine months of 2009, the average was lower and is not
expected to equal 2008 by year-end. This number does not include sale proceeds from pre-2009 sales that
were not received until 2009 and are not recurring - i.e., Game Trust $41,033.50; Everdream $948,779.
2
The 2008 OID interest was $32,934. It is expected to be the same or less in 2009. This is phantom
income. The interest is not actually received by me in cash.
3
I currently have liquid assets in all accounts totaling $1,896,000 as of October 31, 2009. Interest
paid on these funds is 0.11 % per year.
4
I have been and continue t9 supplement my monthly income by spending my remaining liquid
assets. At this point, my options are iimited, as the only asset that I own that can be liquidated within a
reasonable period of time (excluding the Bel Air residence) Is the Falcon 900 jet, although the current value
of the plane may be too low to generate any net cash. The plane formerly had debt of $10 million and was
secured by $5 million of cash at Northern Trust. Last month, Northern Trust only agreed to give me $2 million
of the secured cash in exchange for the other $3 million of secured cash being used to lower the debt on the
plane from $1 Omillion to $7 million. My cash assets are now at approximately $1.9 million, which is less than
the $2 million that I received. At this point, the only realistic option of which I am aware for obtaining more
cash is to sell the plane or sell SpaceX, SolarCity or Tesla stock, which is very difficult, as investors tend to
treat a sale by the chairman as Implying negative news about the companies, regardless of whether there is
any basis in fact for making such an assumption.
5
The largest change in my current 2009 income from my 2008 income is the absence of phantom
interest income from a loan to Tesla. The imputed annual interest was approximately $1,548,000, but I did
not actually receive this money from Tesla as it was converted to equity. This caused me to pay taxes even
though I didn't receive actual cash income, further straining my cash resources.
a. Fees and costs incurred from inception to April 17, 2009, were $473,860. Fees and
costs incurred from April 17, 2009, to July 31, 2009, were $65,402. Through July
31, 2009, I paid my attorneys, Jaffe and Clemens, $488,326.06.
b. The source of the money to pay fees and costs is my separate property account.
c. I still owe the following amount to Jaffe and Clemens on account of fees that were
incurred through July 31, 2009: $50,935.94
d. The hourly rate of my attorneys at Jaffe and Clemens varies from $425 per hour to
$850 per hour, depending on level of experience. Work performed by paralegals
is charged at $225 per hour.
F:\CLIENT\MUSEL\PLEADV\TT 2 l&E.wpd
CO. flLE C1El'T. 91c1< VCHR. NO. llfl.1
SPU 100003 E>'.E 0000300192 1 Earniifs Statement
SPACE EXPLORATION TEClINOLOGIES Period El~g 1 n111ng : 07 : 05 .';~Q jfl
1
CORP P~nod E11d1ng . 071181200:9
1 ROCJ<ET ROAD Pc1y Dale 1)7,2412009
1-/AWTHORNE. CA 90250
00000000192
Tai.:11ble Mania! Slt1tu:; Mar11.,d ELON MUSI<
E>.einpltons 'Allol'lances: 1105 BEL AIR PLACE
Federal. 4
CA 4
LOS ANGELES CA 90077
1 11J I 1.,.. r1 :.'. 11'. i :-" r, I 1';1 J.:: ', . , :, IJ1J .: . t 1 1 I' 1 . I - , 1 I ,., 11". I ., , I'. ~ I ., _ t _ r -~ : .. . . ...
NON-NEGOTIABLE
co. nLr DEPT. ~Cl< VCHH. NC), lf/O
GPU 10C003 EXE OJOC:l20192
00000000192
Ta~able M.:1ntnl St<1lu~; Mar11o?d ELOM MUSK
C:~E? mphor1 .. ;\l :o:1r.111t:ea. 10911 CH ALON RD
Feaio>r~.1 4
CA. .i
LOS ANGELES CA 90077
Earnings rate hours this poriod yonr to date Other Benefits and
Fie:gu::;ir 720 .00 7C.0.00 12,480.00 l11formntio11 thrs poriod total to dato
Gro\:':s i'ay $71::'0.00 12.480 . 00 Plo B.:ll 4( (,.j
S 1cl< Bal 64.: 1)
Voe Bal
Deductions Statutory
l:;ocral Securi ty Ta)( - 39.33 629 . 31
Med1car,;; Tax -'J.20 147 . 18 lmportan t 1'-'-Jo""t;;.;e;..;
.s"'--------------
CA SU l.'SDI T,1:< IJ.03 111 . 65 EFFEClWC THIO PAY PERIOD YOUR .:IDD;:>E:::S 1;;.:.; B:=E~;
Ct-IANGED.
Other
81ue Sheild Ptx 129.44 'k 2,071 . 04
Chkng1 -57S.8fl
Guardian 1 G .17" 258.72
!'!et P_a~y_ _ _ _ _ _ _ _ __ s_o_.o
_o
..
, I:_ r : _ ~ 1,, ,, .:.., ; ,) i-1. , ' ; ,I.' I ' : '_ : ', 1 ' . J I i I" J ' I ' ' ,, , . " .. ,
HAWTHORNE . CA 90250
Depo~~ited tr. the account of ' aci:ount number transit ASA amount
E.LON MUSK XJO.>: X> .:<>: ~'57:!. :)~.
-- -
00000000168
T1rn1ble Mant11I S1:1tus. Mamed ELON MUSK
Exemptions.Allov11111c.:; s. BAD COPY 10911 CHALON RD
Federal. 4
CA. 4
LOS ANGELES CA 90077
Earnings rate hours this period yoar to dnto Other Benefits and
Regular 780.00 780 . 00 13.260 .00 Information thio poriod total to dato
Gross Pay $780.00 13 .26(1 00 Plo Bal 40 GO
S1cl< Bal '54 G'J
Vac Bal
Deductions Statutory
Social Security Tax -39.34 668 . 65
Medicare Tax 9.20 1"i6. 38
CA SIJllSDI Tax -6.98 118 . 6:~
Other
Blue Sheild Pix -129. 4~ 2,200.48
Chkng1 -578.87
Guardian -16. 17* 274.89
27
28
PROOF OF SERVICE
FL320
ATTORNEY OR PARTY WITHOUT ATTORNEY(Neme, lllt.umber, end llddreaa): FOR COURT U!E ONLY
JAFFE AND CLEMENS . .
BRUCE A. CLEMENS (SBN 60813); TODD A. MARON {SBN 229818)
433 NORTH CAMDEN DRIVE, SUITE 1000
FIL~
BEVERLY HILLS, CALIFORNIA 90210
TELEPHONEN0.:(310) 550-7477 FAXNO.: (310) 271-8313
ATTORNEYFOR(Neme): ELON MUSK
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANncr 'C" '.'Tmunrf\'P COURT
STREETADDRESs:111 NORTH HILL STREET
MAIUNGADDRESS:-SAME AS ABOVE- SEP 2 9 2009
CllYANOZIPCODE:LOS ANGELES, CALIFORNIA 90012
BRANCH NAME: CENTRAL DISTRICT
PETITIONER/PLAINTIFF:
RESPONDENT/DEFENDANT:JENNIFER JUSTINE MUSK
RESPONSIVE DECLARATION TO ORDER TO SHOW CAUSE CASE NUMBER:
OR NOTICE OF MOTION 80 487 602
1-H-EAR-1-NG_DA_:re_:_ _ _ _ _ _ _ _ __ - - -- -0-e-PAR_r_M-eNT-oR_R_OOM--1: [Assigned to Dept. 22
_TI_Me:-
1. 0 CHILD CUSTODY
a. 0 I consent to the order requested.
b. Cl I do not consent to the order requested but I consent to the following order:
2. 0 CHILD VISITATION
a. Cl I consent to the order requested.
b. 0 I do not consent to the order requested but I consent to the following order:
3. 0 CHILD SUPPORT
a. D I consent to the order requested.
b. Cl I consent to guideline support.
c. D I do not consent to the order requested, but I consent to the following order:
(1) D Guideline
(2) D
Other (specify) :
4. 0 SPOUSAL SUPPORT
a. DI consent to the order requested.
b. DI do not consent to the order requested.
c. DI consent to the following order:
Page1 of2
Form Adopted for MandalDIY Uae RESPONSIVE DECLARATION TO ORDER TO SHOW CAUSE www.court1nro.ca.goy
Judicial Counc1 of Callfomla
OR NOTICE OF MOTION
~ BsE~~loR!ir
1 20031
FL-320 [Rev. January '
PETITIONER/PLAINTIFF: l\se NUMBER:
D 487 602
RESPONDENT/DEFENDANT:JENNIFER JUSTIN E MUSK
NOTE: To respond to a request for domestic violence restraining orders requested In the Request for Order (Domestic Violence
Prevention) (form DV-100) you must use the Answer to Temporary Restraining Order {Domestic Violence Prevention) (form
DV-120).
I declare under penalty of perjury under the laws of the State of California that the foregoing Is true and correct.
TODD A MARON
(TYPE OR PRINT NAME)
, ::.~:;:. 1~ .~E CO~T:~'DS th:it .thcrc ;,re no minor children of this mani\lgc. : :::~:;
:: s .;..,.
} :. '.!"BE COllRT ~RD~ ..i.;, =h ol'. ch< ,,..tic. Ah.,U C.ch concwmulv . . ' _; [~
herewith. or.:;u. anytim<: h~~r .on the <tcm:lno '.If th~ other. cxcc\ltc at1y eind .u; . : ...,.
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-dNwncnbo: or in~O'Unlcnt11 n~1 or convcnicnt .to~-ou\ the it\t~ntJ<:and pw-pow1i-
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Dated:
. Jud~~ orthc Su~rlor. Court , .
.;.
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JAMES.0. ENDMAN
."
JUDGE PRO TEM.
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' (' ~ FL-100
ATIORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number. and address) FOR COURT USE ONLY
LARRY A. GINSBERG, ESQ . (SBN 125556)
- HARRIS GIN SBERG LLP
6500 WILSHIRE BLVD STE. 1800 FILED
LOS ANGELES , CA 90 048 Su~rlor Court of California
County of J...o~ /!. igf!Cl!
(~
TELEPHONE NO 31 0 444-6333 FAX NO. (Optional) .
E-MAIL ADDRESS (Optional) :
ATTORNEYFOR (NameJ TALLJLAH RILEY JAN 17 (012.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
STREET ADDRESS 111 NORTH HILL STREET j
MAILING ADDRESS. SAME AS ABOVE Jtih!! A. CllH'k~1 !\tetuf.i'll O!f!m/Cl~rk
CITY AND ZIP CODE:
BRANCH NAME :
LOS ANGELES , CA 90012
CENTRAL
.
~~ -A:~
. '
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MATA
.:-i H!!pllt'
MARRIAGE OF
PETITIONER: TALULAH RILEY . . is assig ned lo f]"__fill_lf
- ! . ,., 1~1 1' ~mt .
RESPONDENT: ELON MUSK
PETITION FOR CASE NUMBER:
w Dissolution of Marriage
D Legal Separation
D Nullity of Marriage 0 AMENDED BD557350
1. RES IDENCE (Disso lution only) W
Petitioner D
Respondent has been a resident of this state for at least six months and
of this county for at least three months immediately preceding the filing of this Petition for Dissolution of Marriage.
2. STATISTICAL FACTS
a. Date of marriage: September 25, 2010 c. Time from date of marriage to date of separation (specify) :
b. Date of separation: To Be Determined Years : Months:
3. DECLARATION REGARDING MINOR CHILDREN (include children of this relationship bom prior to or during the marriage or
adopted during the marriage):
a. W There are no minor chi ldren.
b. D The minor chi ldren are:
Child's name Birthdate Age Sex
D Continued on Attachment 3b .
c. If there are minor children of the Petitioner and Respondent, a completed Declaration Under Uniform Child Custody Jurisdiction
and Enforcement Act (UCCJEA) (form FL-105) must be attached.
d. D A completed voluntary declaration of paternity regarding minor ch ildren born to the Petitioner and Respondent prior to
the marriage is attached.
4. SEPARATE PROPERTY
Petitioner requests that the assets and debts listed D in Property Declaration (form FL-160) D in Att.aehment 4
W below be confirmed as separate property.
Item Confirm to .
The nature and extent of separate property assets and debts are unknown to Petitionej: a.t this time;
Petitioner asks leave of court to amend this Petition when same is ascertained. ., 1
NOTICE : You may redact (black out) social security numbers from any written material filed with the court in this case
other than a form used to collect child or spousa l support.
Pa e 1 ol 2
sok;B~s
Form Adopted for Mandatory Use PETITION-MARRIAGE Fam1ly Code, 2330, 3409
Jud1c1al Council of California
FL-100 {Rev. January 1, 2005] (Family Law)
~Pius
' '
.I
5. DECLARATION REGARDING COMMUNITY AND QUASI-COMMUNITY ASSETS AND DEBTS AS, QURRENTLY KNOWN
a. r-1 There are no such assets or debts subject to disposition by ttie court in this proce$dlng.
b. . [i.'J All sucti as&~ts ~nd dfibts are listed ' c.:J
In Property Declaration (fO'i-m FL-160) In Attachment 5b. D
[K:.1 below (speolfy) : .
The fu!l nature and extent of community property assets and debts are unknown at this time. Petitioner
asks leave of Cou,rt to amend this Petition when same is ascertained .
6, Petitioner requests
~. DLI
disso1tion of the marriage based .on d. C__i 11umty ot vo1dab1e marriage based on
(1) Del lrrec6ncllable differences. (Fam. C.ode, 231o(a) .) c1> D at
petitioners age time ot marriage.
(2) LJ. incurable IManlty. (Foim: Code, 2310(b).) . (Fam.' Code, 221 O(a).).
b. D legal separation of the parties bMed on (2) P prior 0xistlng marriage.
(1) D irreconcilable difrerences. (Fam. Gode, 2310(a).) . (Fam. Cede, 2210(b).)
(2) D incurable insanity. (Fam . Code, 2~10(b).) (3) D u.nsound mind. (Fam. Code, 2210(c) .)
c. D 11ullity of void marriage b~sed on (4) C -1 fraud . (Fam . Code, 221.0(d).)
(1) D incestuous marriage. (Fam. Code, 2200.) (5) D force .. (Fam. Code, 2210(e).)
(2) D bigamqus marriage. (Fam. Code, 2201.) (6) LJ physical incapacity. (Fam. Code, 2210(f}.)
1. f>ot1t1onor requests that the court 9rant the above renet and make injunctive \including resttaining> and other orders as ro11ows~
.Petitioner Respondent Joint Other1
:.. a . ~
Legal custody of children to .. . .. . ........ , ...... , . .. ... . . . ... ,. . . . . . D C::J l:::c::~] . d
b. Physical custody of chlldr~m to . . . ... .. ... . , ......... .. ...... ... . .. : . . 1.-:,=:J W I__] D
' C. Child visitation be granted .to.'' . '' ' ' '' '' : .. ' . .... ' : ' '' '' ... ' ' . ' ' ' ' ' ' D CJ o.
As requested In fd~m: c~:J .fl-311 D FL-312 I I FL~~41 (C) D FL-341 (D) 1_.~__1 'Fl..341 (E) L:.J Attachment 7c.
d. C::J. Determination of parentage of any children born to the Petitioner.. aiid F~espondent prior tc> the marriage.
. e. Attorney fees and cosfs payable by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. D ' . CXJ
f. .Spousal suppor1 payable to (earnings ~ssiQnment will be Issued) . . . . . . . . . . . . . . . DU D
g. f.X"'J Termfnate th'e court's jurisdiction (ability) to award spousal support to F(0sponden~.
h. [ ] ] Property rights be determfni.:ld.
I. [iJ Petitioner's former name be restored to (specify): Tal:Ulah .Riley-Milburn
j: [XJ Other (specify):
NOTiCE: Dissolution or legal separation may autorn.atically cancel the rights 9f a spouse und~r the othe~ spous\s will, trnst,
retlremE1nt. plan. ,power of attorney, pay on death bank account, survivorship rights tc> any property owned In Joint tElnancy, and any
. other similar lh1_ng. It does not automatically cancli!l .the right of a spouse as beneficiary of the other spouse's life irnn1rancc;: policy.
You should tev1ew these matters, as well as any credit c;;irds, other credit accounts Insurance polices retirement plans and credit
reports to determine whether they should be changed or whether you should take a1w qtl'ier actions. However, some ch~nges may .
;require the agre.emerlt of your spouse or a court.order (see Family Code sections W1-235) .
PETITION-MARRIAGE Pa11a 2 of 2
(Family Law)
(
specifically requests that the Court include in the Statement of Decision any and all calculations
upon which the determination of any issue was made including, but not limited to, issues of spousal
8
support, property valuation, property division, tax consequences and attorney ' s fees and costs.
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTACHMENT 7j
FL-170
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar nvmber, and address): FORCOURTUSEONl..Y
d. D t request that this order be baaed on the Cl petitioner's c:J respondent's earning ability. The facts in support of
my estimate of earning ability are (specify):
Idci~ """~!:L,"""'Y
Date: MAY 2012
of poq,.., ""'"tho la of tho S..,. of Cllfomla that-?1"~ '"~
. EI.ON Ml !SK ~
(T\'PE OR PRJNT NAMEI ~GNA RE OF OECLNWfr)
10
11 In re the Marriage of CASE NO. BO 557 350
Respondent ELON MUSK, through their respective attorneys of record, Harris'. GAnsberg,
24 notary public.
25 4. Respondent may record said deposition testimony by audiotape or videotape
26 in addition to recording the testimony by stenographic method, through the instant visual
28 111
-1-
F:ICLIENT\MUSEL31PLEAD\sUp 2012.04.24.wpd 4/24/12Marriage of RILEY snd MUSK; LASC case no. BO 557 350
STIPULATION FOR PETITIONER TO APPEAR AND TO PRODUCE
DOCUMENTS AT DEPOSITION
1 5. Petitioner shall produce documents at her deposition in the same manner
2 and to the same extent as would have been required under the notice of deposition
3 directed to Petitioner, which was issued on January 20, 2012, a copy of which is attached
4 as Exhibit A.
5 6. In the event that the deposition is not completed on the aforementioned date,
6 the deposition shall continue on a date selected by mutual agreement of counsel for. the
7 parties.
8 Dated: _ _'-\_.-" ;:;_._n____ HARRIS GINSBERG, LLP
9
10 Sy ~- \ \ GINSBERG ---, \
LA RY A.
11 Attorneys for Petitioner
By~~ ,
~MENS --=
Attorneys for Respondent
ORDER
18 IT IS SO ORDERED.
19
20 Dated:
JUDGE OF THE SUPERIOR COURT
21
22
23
24
25
26
27
28
-2-
F:ICLIENT\MUSEL3\PLEADlstlp 2012.04.24.wpd 4124112
Marriage of RILEY and MUSK; LASC case no. BO 557 350
STIPULATION FOR PETITIONER TO APPEAR AND TO PRODUCE
DOCUMENTS AT DEPOSITION
FL-141
ATTOR NEY OR PAR TY W ITHOUT ATTORNEY (Name , State Bar number, and address) : FOR COURT
JAFFE AND CLEMENS
BRUCE A. CLEMENS (SBN 6081 3)
433 NORTH CAMDEN DRIVE, SUITE 1000
BEVERLY HILLS, CALIFORNIA 90210
TELEPHONE NO .. (310) 55 0-7 4 77 FAX NO . (Optional) (310) 27 1-8313
3. D Petitioner's 11'.l
respondent's Final Declaration of Disclosure (form FL-140) and current In come and Expense
Declaration (form FL-150) were served on 11'.l
attorney for 11:1
the other party
by: 11:1
personal service D mail D other (sp ecify):
on (date): May 4, 2012
4. D Service of D
petitioner's D
respondent's prelimin ary D fina l D
declaration of disclosure
D current income and expense declaration has been waived as fo ll ows :
a. D The parties ag reed to waive fina l declaration of disclosure requirem ents under Fami ly Code section 2105(d) . The
waiver was filed on (date):
b. D The party has fa iled to comply with disclosure requ irements and the court granted the request for voluntary wa iver
of receipt under Fami ly Code section 2107 on (date):
c. D Thi s is a default proceeding . Petitioner wa ives the fina l declaration disclosure requirements under Fam ily Code
section 2110.
* "C urrent" is defined as completed within the past three months providing no facts have changed. (Ca l. Ru les of Co urt, ru le 5.128.)
I declare under pena lty of perjury under the laws of the State of Ca liforn ia that the foregoing is true and correct.
Form Adopted for Mandatory Use DECLARATION REGARDING SERVICE OF DECLARATION OF Family Code, 2104, 2105, 2106,
Judicial Council of California 2107, 2112
FL-141 [Rev. July 1, 2011] DISCLOSURE AND INCOME AND EXPENSE DECLARATION www.courls.ca.gov