UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO. The Motion of Plaintiff Leonard Labow in the above-entitled action, for an

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1 0 0 Brian Barry (SBN ) LAW OFFICE OF BRIAN BARRY 0 Avenue of the Stars, Suite 0 Los Angeles, CA 00 Telephone: (0) -0 Facsimile: (0) -0 bribarry@yahoo.com [Additional Plaintiff s Counsel Identified on Signature Page] Attorneys for Plaintiff and all others similarly situated In re: TEXTAINER PARTNERSHIP SECURITIES LITIGATION This Document Relates to: C 0-0-MMC(Labow) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO Master File No. C 0-00 MMC [proposed] ORDER REMANDING LABOW ACTION TO STATE COURT The Motion of Plaintiff Leonard Labow in the above-entitled action, for an Order pursuant to U.S.C. (c) remanding the Labow action, C 0-0- MMC, to the Superior Court of California from which it was removed, came on for hearing before me on, 00. Upon reading and considering the supporting papers filed in connection with plaintiffs motion to remand, and defendants opposition to the motion in the above-styled action and the evidence presented in support and in opposition thereto, and it satisfactorily appearing to the Court that good cause has been shown; the Court makes the following findings of fact:. Each of nominal defendants TCC Equipment Income Fund, a California Limited Partnership, Textainer Equipment Income Fund II, L.P., Textainer

2 0 0 Equipment Income Fund III, L.P., Textainer Equipment Income Fund IV, L.P., Textainer Equipment Income Fund V, L.P., and Textainer Equipment Income Fund VI, L.P. (the Textainer Partnerships ) are limited partnerships organized under State law.. The cause of action alleged in plaintiff Labow s first amended complaint is a claim that relates to the internal affairs or governance of the six Textainer Partnerships and arises under or by virtue of the laws of the State under which each Textainer Partnership is organized.. The cause of action alleged in plaintiff s first amended complaint is a claim that relates to the rights, duties (specifically the fiduciary duties), and obligations relating to and created by and pursuant to a security (as defined under section (a)() of the Securities Act of.. The Class Action Fairness Act, U.S.C. (d)()-(), specifically excludes the fiduciary duty cause of action alleged in plaintiff s first amended complaint from its application.. This Court does not have subject matter jurisdiction over the cause of action for breach of fiduciary duty under State law alleged in plaintiff s first amended complaint. IT IS HEREBY ORDERED THAT. Plaintiff s motion for remand is GRANTED; and. The case, C 0-0-MMC, is REMANDED to the Superior Court of California, County of San Francisco. BY THE COURT: DATED: Honorable Maxine M. Chesney United States District Judge [proposed] Order Remanding Labow Action to State Court

3 0 PROOF OF SERVICE BY ELECTRONIC POSTING PURSUANT TO NORTHERN DISTRICT OF CALIFORNIA LOCAL RULES AND ECF GENERAL ORDER NO. AND BY MAIL ON ALL KNOWN NON-REGISTERED PARTIES I, the undersigned, say: I am a citizen of the United States and am employed in the office of a member of the Bar of this Court. I am over the age of and not a party to the within action. My business address is 0 Avenue of the Stars, Suite, Los Angeles, California 00. On June, 00, I served the following by posting such documents electronically to the ECF website of the United States District Court for the Northern District of California: [proposed] ORDER REMANDING LABOW ACTION TO STATE COURT on all ECF-registered parties in the action and, upon all others not so-registered but instead listed below, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid in the United States mail at Los Angeles, California. They are: SEE SERVICE LIST Executed on June, 00, at Los Angeles, California. I certify under penalty of perjury that the foregoing is true and correct. /S/John Boutsikakis 0 [proposed] Order Remanding Labow Action to State Court

4 0 0 For Plaintiffs Kenneth J. Catanzarite Jim T. Tice Catanzarite Law Corporation W. Lincoln Avenue Anaheim, California 0 Telephone: () 0- Facsimile: () 0-00 Laurence Rosen Laurence Rosen Law Offices Madison Avenue, Suite 0 New York, NY 00 Telephone: () - Facsimile: () - SERVICE LIST IN RE TEXTAINER LITIGATION Nicholas E. Chimicles James R. Malone, Jr. Chimicles & Tikellis LLP One Haverford Centre West Lancaster Ave Haverford, PA 0 Telephone: (0) -00 Facsimile: (0) - Lawrence A. Sucharow Beth Hoffman Goodkind, Labaton, Rudoff & Sucharow, LLP 00 Park Avenue New York, New York 00 Telephone: () Facsimile: () -0 Lawrence P. Kolker Wolf, Haldenstein, Adler, Freeman & Herz 0 Madison Avenue New York, New York 00 Telephone: () -00 Facsimile: () - Francis M. Gregorek Wolf, Haldenstein, Adler, Freeman & Herz, LLP Symphony Towers, 0 B Street, Suite 0 San Diego, CA 0 Telephone: () - Facsimile: () - Lionel Z. Glancy Glancy Binkow & Goldberg LLP 0 Avenue of the Stars, Suite Los Angeles, California 00 Telephone: (0) 0-0 Facsimile: (0) 0-0 Susan G. Kupfer Glancy Binkow & Goldberg LLP Market Street, Suite 0 San Francisco, California 0 Telephone: () -0, ext: Facsimile: () - Attorneys for Plaintiff Alan P. Gordon Solomon B. Cera Gwendolyn R. Giblin Gold Bennett Cera & Sidener LLP Market Street, Suite 00 San Francisco, California 0 Telephone: () -0 Facsimile: () - Jeffrey S. Abraham Abraham Fruchter & Twersky, LLP One Penn Plaza, Suite 0 New York, New York 0-0 Telephone: () -00 Facsimile: () - Attorneys for Plaintiffs Robert Lewis and City Partnerships Co. IN RE TEXTAINER LITIGATION - SERVICE LIST

5 0 0 For Defendants Heather L. Weaver Quinn Emanuel Urquhart Oliver & Hedges, LLP 0 California Street, nd Floor San Francisco, CA Telephone: () -00 Facsimile: () -00 Counsel for Defendant RHF, Ltd. Terry M. Gordon tgordon@clausenlawgroup.com Janet Morgan Clausen Law Group 0 Brickyard Cove Rd., Suite 0 Pt. Richmond, CA (fax) Attorney for Defendants TCC Equipment Income Fund, Textainer Capital Corporation, Textainer Equipment Income Fund II, Textainer Equipment Income Fund III, L.P., Textainer Equipment Income Fund IV, L.P., Textainer Equipment Income Fund V, L.P., Textainer Equipment Income Fund VI, L.P., Textainer Equipment Management Limited, Textainer Financial Services Corporation, Textainer Group Holdings Limited, Textainer Limited, John A. Maccarone John G. Jacobs jgjacobs@thejacobslawfirm.com Bryan G. Kolton bgkolton@thejacobslawfirm.com The Jacobs Law Firm, Chtd. South Michigan Avenue, Suite 0 Chicago, IL 00 () -000 () -0 (fax) Attorney for Defendants TCC Equipment Income Fund, Textainer Capital Corporation, Textainer Equipment Income Fund II, Textainer Equipment Income Fund III, L.P., Textainer Equipment Income Fund IV, L.P., Textainer Equipment Income Fund V, L.P., Textainer Equipment Income Fund VI, L.P., Textainer Equipment Management Limited, Textainer Financial Services Corporation, Textainer Group Holdings Limited, Textainer Limited, John A. Maccarone IN RE TEXTAINER LITIGATION - SERVICE LIST