Preview
1 SNELL & WILMER L.L.P.
Marshall J. Hogan, Bar No. 286147
2 mhogan@swlaw.com
Andrew B. Still, Bar No. 312444
3 astill@swlaw.com
600 Anton Blvd, Suite 1400
4 Costa Mesa, California 92626-7689
Telephone: 714.427.7000
5 Facsimile: 714.427.7799
6 Bryce A. Suzuki (pro hac vice forthcoming)
bsuzuki@swlaw.com
7 SNELL & WILMER L.L.P.
One East Washington Street, Suite 2700
8 Phoenix, AZ 85004
Telephone: 602.382.6000
9 Facsimile: 602.382.6070
10 Attorneys for Plaintiff
EAST WEST BANK
11
SNELL & WILMER
COSTA MESA, CALIFORNIA 92626-7689
600 ANTON BLVD, SUITE 1400
12
LAW OFFICES
13 SUPERIOR COURT OF THE STATE OF CALIFORNIA
L.L.P.
14
COUNTY OF SANTA BARBARA– SOUTH COUNTY DIVISION
15
16
EAST WEST BANK, a California state CASE NO. 23CV02629
17 banking corporation,
Assigned to: Hon. Colleen K. Stern
18 Plaintiff,
PROOF OF SERVICE RE EAST WEST
19 vs. BANK’S EX PARTE APPLICATION FOR:
(1) ORDER APPOINTING RECEIVER;
20 HERBL, INC., a California corporation, AND (2) PRELIMINARY INJUNCTION IN
dba HERBL, HERBL DISTRIBUTION AID OF RECEIVER; MEMORANDUM
21 SOLUTIONS, and HDS NATURALS, AND SUPPORTING DOCUMENTS
22 Defendant. Hearing Information:
23 Date: June 28, 2023
Time: 8:30 a.m.
24 Dept.: 5
25
26
27
28
1 I am employed in the County of Orange, State of California. I am over the age of 18 and
not a party to the within action; my business address is 600 Anton Boulevard, Suite 1400, Costa
2 Mesa, CA 92626-7689.
3 On June 26, 2023, I served, in the manner indicated below, the foregoing documents
4 described as
5 1) EAST WEST BANK’S EX PARTE APPLICATION FOR: (1) ORDER
APPOINTING RECEIVER; AND (2) PRELIMINARY INJUNCTION IN AID
6 OF RECEIVER; MEMORANDUM;
7 2) DECLARATION OF STUART BONOMO IN SUPPORT OF EX PARTE
APPLICATION FOR: (1) ORDER APPOINTING RECEIVER; AND (2)
8 PRELIMINARY INJUNCTION IN AID OF RECEIVER;
9
3) DECLARATION OF KEVIN SINGER IN SUPPORT OF EX PARTE
10 APPLICATION FOR: (1) ORDER APPOINTING RECEIVER; AND (2)
PRELIMINARY INJUNCTION IN AID OF RECEIVER;
11
SNELL & WILMER
COSTA MESA, CALIFORNIA 92626-7689
4) DECLARATION OF ANDREW B. STILL IN SUPPORT OF EX PARTE
600 ANTON BLVD, SUITE 1400
12
APPLICATION FOR: (1) ORDER APPOINTING RECEIVER; AND (2)
LAW OFFICES
13 PRELIMINARY INJUNCTION IN AID OF RECEIVER;
L.L.P.
14 5) OATH OF RECEIVER KEVIN SINGER;
15 6) STIPULATION RE: ORDER (1) APPOINTING RECEIVER; AND (2)
ISSUING PRELIMINARY INJUCTION; AND
16
17 7) [PROPOSED] ORDER (1) APPROVING STIPULATION FOR
APPOPINTMENT OF RECEIVER; (2) APPOINTING RECEIVER; AND (3)
18 ISSUING PRELIMINARY INJUNCTION.
19 on the interested parties in this action by placing true copies thereof, enclosed in sealed
envelopes, at Costa Mesa, addressed as follows:
20
21
See the attached Service List
22
23
24
25
26
27
28
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1
 BY REGULAR MAIL: I caused such envelopes to be deposited in the United States
mail at Costa Mesa, California, with postage thereon fully prepaid. I am readily
2 familiar with the firm’s practice of collection and processing correspondence for
3 mailing. It is deposited with the United States Postal Service each day and that practice
was followed in the ordinary course of business for the service herein attested to
4 (C.C.P. § 1013(a)).
5  BY ELECTRONIC MAIL/E-SERVICE: My office caused such document(s) to be
delivered electronically to the following email address: mratliff@flasllp.com
6
7  BY OVERNIGHT DELIVERY: I caused such envelope to be delivered by air courier,
with next day service, to the offices of the addressee(s).
8 (C.C.P. § 1013(c)(d)).
9
 BY PERSONAL SERVICE: I caused such envelopes to be delivered by hand to the
offices of the addressees. (C.C.P. § 1011(a)(b)).
10
11 I declare under penalty of perjury under the laws of the State of California that the above
SNELL & WILMER
is true and correct.
COSTA MESA, CALIFORNIA 92626-7689
600 ANTON BLVD, SUITE 1400
12
Executed on June 26, 2023, at Costa Mesa, California.
LAW OFFICES
13
L.L.P.
14
15 Kelley E. Nestuk
16
17
18 SERVICE LIST
19
20 Fauver, Large, Archbald & Spray LLP Registered Agent of HERBL, Inc.,
c/o Michael S. Fauver Email: mratliff@flasllp.com
21 Telephone: (805) 966-7000.
820 State Street, Fourth Floor
22 Santa Barbara, CA 93101
23 Michael Beaudry CEO of HERBL, Inc.,
5142 Hollister Ave. #175
24 Santa Barbara, CA 93111,
25
26
27
28
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Preview
1 SNELL & WILMER L.L.P. Marshall J. Hogan, Bar No. 286147 2 mhogan@swlaw.com Andrew B. Still, Bar No. 312444 3 astill@swlaw.com 600 Anton Blvd, Suite 1400 4 Costa Mesa, California 92626-7689 Telephone: 714.427.7000 5 Facsimile: 714.427.7799 6 Bryce A. Suzuki (pro hac vice forthcoming) bsuzuki@swlaw.com 7 SNELL & WILMER L.L.P. One East Washington Street, Suite 2700 8 Phoenix, AZ 85004 Telephone: 602.382.6000 9 Facsimile: 602.382.6070 10 Attorneys for Plaintiff EAST WEST BANK 11 SNELL & WILMER COSTA MESA, CALIFORNIA 92626-7689 600 ANTON BLVD, SUITE 1400 12 LAW OFFICES 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA L.L.P. 14 COUNTY OF SANTA BARBARA– SOUTH COUNTY DIVISION 15 16 EAST WEST BANK, a California state CASE NO. 23CV02629 17 banking corporation, Assigned to: Hon. Colleen K. Stern 18 Plaintiff, PROOF OF SERVICE RE EAST WEST 19 vs. BANK’S EX PARTE APPLICATION FOR: (1) ORDER APPOINTING RECEIVER; 20 HERBL, INC., a California corporation, AND (2) PRELIMINARY INJUNCTION IN dba HERBL, HERBL DISTRIBUTION AID OF RECEIVER; MEMORANDUM 21 SOLUTIONS, and HDS NATURALS, AND SUPPORTING DOCUMENTS 22 Defendant. Hearing Information: 23 Date: June 28, 2023 Time: 8:30 a.m. 24 Dept.: 5 25 26 27 28 1 I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 600 Anton Boulevard, Suite 1400, Costa 2 Mesa, CA 92626-7689. 3 On June 26, 2023, I served, in the manner indicated below, the foregoing documents 4 described as 5 1) EAST WEST BANK’S EX PARTE APPLICATION FOR: (1) ORDER APPOINTING RECEIVER; AND (2) PRELIMINARY INJUNCTION IN AID 6 OF RECEIVER; MEMORANDUM; 7 2) DECLARATION OF STUART BONOMO IN SUPPORT OF EX PARTE APPLICATION FOR: (1) ORDER APPOINTING RECEIVER; AND (2) 8 PRELIMINARY INJUNCTION IN AID OF RECEIVER; 9 3) DECLARATION OF KEVIN SINGER IN SUPPORT OF EX PARTE 10 APPLICATION FOR: (1) ORDER APPOINTING RECEIVER; AND (2) PRELIMINARY INJUNCTION IN AID OF RECEIVER; 11 SNELL & WILMER COSTA MESA, CALIFORNIA 92626-7689 4) DECLARATION OF ANDREW B. STILL IN SUPPORT OF EX PARTE 600 ANTON BLVD, SUITE 1400 12 APPLICATION FOR: (1) ORDER APPOINTING RECEIVER; AND (2) LAW OFFICES 13 PRELIMINARY INJUNCTION IN AID OF RECEIVER; L.L.P. 14 5) OATH OF RECEIVER KEVIN SINGER; 15 6) STIPULATION RE: ORDER (1) APPOINTING RECEIVER; AND (2) ISSUING PRELIMINARY INJUCTION; AND 16 17 7) [PROPOSED] ORDER (1) APPROVING STIPULATION FOR APPOPINTMENT OF RECEIVER; (2) APPOINTING RECEIVER; AND (3) 18 ISSUING PRELIMINARY INJUNCTION. 19 on the interested parties in this action by placing true copies thereof, enclosed in sealed envelopes, at Costa Mesa, addressed as follows: 20 21 See the attached Service List 22 23 24 25 26 27 28 -2- 1  BY REGULAR MAIL: I caused such envelopes to be deposited in the United States mail at Costa Mesa, California, with postage thereon fully prepaid. I am readily 2 familiar with the firm’s practice of collection and processing correspondence for 3 mailing. It is deposited with the United States Postal Service each day and that practice was followed in the ordinary course of business for the service herein attested to 4 (C.C.P. § 1013(a)). 5  BY ELECTRONIC MAIL/E-SERVICE: My office caused such document(s) to be delivered electronically to the following email address: mratliff@flasllp.com 6 7  BY OVERNIGHT DELIVERY: I caused such envelope to be delivered by air courier, with next day service, to the offices of the addressee(s). 8 (C.C.P. § 1013(c)(d)). 9  BY PERSONAL SERVICE: I caused such envelopes to be delivered by hand to the offices of the addressees. (C.C.P. § 1011(a)(b)). 10 11 I declare under penalty of perjury under the laws of the State of California that the above SNELL & WILMER is true and correct. COSTA MESA, CALIFORNIA 92626-7689 600 ANTON BLVD, SUITE 1400 12 Executed on June 26, 2023, at Costa Mesa, California. LAW OFFICES 13 L.L.P. 14 15 Kelley E. Nestuk 16 17 18 SERVICE LIST 19 20 Fauver, Large, Archbald & Spray LLP Registered Agent of HERBL, Inc., c/o Michael S. Fauver Email: mratliff@flasllp.com 21 Telephone: (805) 966-7000. 820 State Street, Fourth Floor 22 Santa Barbara, CA 93101 23 Michael Beaudry CEO of HERBL, Inc., 5142 Hollister Ave. #175 24 Santa Barbara, CA 93111, 25 26 27 28 -3-