Preview
1 Marshall J. Hogan (#286147)
mhogan@swlaw.com
2 Andrew B Still (#312444)
astill@swlaw.com
3 SNELL & WILMER L.L.P.
600 Anton Boulevard, Suite 1400
4 Costa Mesa, CA 92626-7689
Telephone: 714.427.7000
5 Facsimile: 714.427.7799
6 Bryce A. Suzuki (pro hac vice pending)
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
SUPERIOR COURT OF THE STATE OF CALIFORNIA
LAW OFFICES
13
L.L.P.
14 COUNTY OF SANTA BARBARA – SOUTH COUNTY DIVISION
15
16 EAST WEST BANK, a California state CASE NO. 23CV02629
banking corporation,
17 Assigned to: Hon. Colleen K. Stern
Plaintiff,
18 NOTICE OF (i) ORDER TO SHOW
vs. CAUSE RE: WHY THE APPOINTMENT
19 OF THE RECEIVER SHOULD NOT BE
HERBL, INC., a California corporation, CONFIRMED AND (ii) HEARING ON
20 dba HERBL, HERBL DISTRIBUTION ORDER TO SHOW CAUSE
SOLUTIONS, and HDS NATURALS,
21 Hearing Information:
Defendant.
22 Date: July 10, 2023
Time: 10:00 A.M.
23 Dept.: 5
24
25
26 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
27 PLEASE TAKE NOTICE THAT, on June 28, 2023, at 8:30 a.m., the above-entitled Court held a
28 hearing on Plaintiff’s Ex Parte Application for (1) Order Appointing Receiver; and (2) Preliminary
4887-9555-2109
NOTICE OF ORDER TO SHOW CAUSE
1 Injunction in Aid of Receiver dated June 23, 2023 (“Application”). The hearing was conducted via
2 videconferencing software. Marshall J. Hogan and Bryce A. Suzuki (pro hac vice pending) of Snell
3 & Wilmer L.L.P. appeared by videoconference for Plaintiff. No appearances were made for
4 Defendant.
5 The Court granted the Application and issued an Order to Show Cause re: Why the
6 Receiver’s Appointment Should Not be Confirmed (“OSC”). Pursuant to California Rule of Court
7 3.1176, the Court set a hearing on the OSC for July 10, 2023 at 10:00 a.m. and ordered Plaintiff to
8 give notice of the same.
9 PLEASE TAKE NOTICE that a hearing on the OSC will occur July 10, 2023 at 10:00 a.m.
10 in the above-entitled Court located at 1100 Anacapa Street, Santa Barbara, CA 93101. The hearing
11 will be conducted via videoconferencing service (Zoom) and the information for accessing hearing
SNELL & WILMER
COSTA MESA, CALIFORNIA 92626-7689
600 ANTON BLVD, SUITE 1400
12 by Zoom is stated below.
LAW OFFICES
13 Meeting ID: Passcode:
L.L.P.
14 161 505 3019 2509581
15 Zoom Link:
16 https://www.zoomgov.com/j/1615053019?pwd=RTduQXNvbGUyVEtncWl4SnJvYU16QT09
17
18
Dated: June 29, 2023 SNELL & WILMER L.L.P.
19
20
By:
21 Marshall J. Hogan
Andrew B. Still
22 Bryce A. Suzuki
23 Attorneys for Plaintiff
24
25
26
27
28
-2-
4887-9555-2109
NOTICE OF ORDER TO SHOW CAUSE
1 East West Bank v HERBL, INC., et al.
Santa Barbara Superior Court, Case No. 23CV02629
2
3 PROOF OF SERVICE
4 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
5 Mesa, CA 92626-7689.
6 On June 29, 2023, I served, in the manner indicated below, the foregoing documents
7 described as
8 1) NOTICE OF (i) ORDER TO SHOW CAUSE RE: WHY THE APPOINTMENT
OF THE RECEIVER SHOULD NOT BE CONFIRMED AND (ii) HEARING
9 ON ORDER TO SHOW CAUSE EAST WEST BANK’S EX PARTE
APPLICATION FOR: (1) ORDER APPOINTING RECEIVER; AND (2)
10 PRELIMINARY INJUNCTION IN AID OF RECEIVER; MEMORANDUM;
11 2) EAST WEST BANK’S EX PARTE APPLICATION FOR: (1) ORDER
SNELL & WILMER
COSTA MESA, CALIFORNIA 92626-7689
APPOINTING RECEIVER; AND (2) PRELIMINARY INJUNCTION IN AID
600 ANTON BLVD, SUITE 1400
12
OF RECEIVER; MEMORANDUM;
LAW OFFICES
13
L.L.P.
3) DECLARATION OF STUART BONOMO IN SUPPORT OF EX PARTE
14 APPLICATION FOR: (1) ORDER APPOINTING RECEIVER; AND (2)
PRELIMINARY INJUNCTION IN AID OF RECEIVER;
15
16 4) DECLARATION OF KEVIN SINGER IN SUPPORT OF EX PARTE
APPLICATION FOR: (1) ORDER APPOINTING RECEIVER; AND (2)
17 PRELIMINARY INJUNCTION IN AID OF RECEIVER;
18 5) DECLARATION OF ANDREW B. STILL IN SUPPORT OF EX PARTE
APPLICATION FOR: (1) ORDER APPOINTING RECEIVER; AND (2)
19
PRELIMINARY INJUNCTION IN AID OF RECEIVER;
20
21 on the interested parties in this action by placing true copies thereof, enclosed in sealed
envelopes, at Costa Mesa, addressed as follows:
22
See the attached Service List
23
24
25
26
27
28
-3-
4887-9555-2109
NOTICE OF ORDER TO SHOW CAUSE
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 29, 2023, at Costa Mesa, California.
LAW OFFICES
13
L.L.P.
14
15 Kelley E. Nestuk
16
17
18
19
20
21
22
23
24
25
26
27
28
-4-
4887-9555-2109
NOTICE OF ORDER TO SHOW CAUSE
1 East West Bank v HERBL, INC., et al.
Santa Barbara Superior Court, Case No. 23CV02629
2
SERVICE LIST
3
4
Fauver, Large, Archbald & Spray LLP Registered Agent of HERBL, Inc.,
5 c/o Michael S. Fauver Email: mratliff@flasllp.com
820 State Street, Fourth Floor Telephone: (805) 966-7000.
6
Santa Barbara, CA 93101
7
Michael Beaudry CEO of HERBL, Inc.,
8 5142 Hollister Ave. #175
Santa Barbara, CA 93111
9
10
11
SNELL & WILMER
COSTA MESA, CALIFORNIA 92626-7689
600 ANTON BLVD, SUITE 1400
12
LAW OFFICES
13
L.L.P.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-5-
4887-9555-2109
NOTICE OF ORDER TO SHOW CAUSE
Preview
1 Marshall J. Hogan (#286147) mhogan@swlaw.com 2 Andrew B Still (#312444) astill@swlaw.com 3 SNELL & WILMER L.L.P. 600 Anton Boulevard, Suite 1400 4 Costa Mesa, CA 92626-7689 Telephone: 714.427.7000 5 Facsimile: 714.427.7799 6 Bryce A. Suzuki (pro hac vice pending) 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 SUPERIOR COURT OF THE STATE OF CALIFORNIA LAW OFFICES 13 L.L.P. 14 COUNTY OF SANTA BARBARA – SOUTH COUNTY DIVISION 15 16 EAST WEST BANK, a California state CASE NO. 23CV02629 banking corporation, 17 Assigned to: Hon. Colleen K. Stern Plaintiff, 18 NOTICE OF (i) ORDER TO SHOW vs. CAUSE RE: WHY THE APPOINTMENT 19 OF THE RECEIVER SHOULD NOT BE HERBL, INC., a California corporation, CONFIRMED AND (ii) HEARING ON 20 dba HERBL, HERBL DISTRIBUTION ORDER TO SHOW CAUSE SOLUTIONS, and HDS NATURALS, 21 Hearing Information: Defendant. 22 Date: July 10, 2023 Time: 10:00 A.M. 23 Dept.: 5 24 25 26 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 27 PLEASE TAKE NOTICE THAT, on June 28, 2023, at 8:30 a.m., the above-entitled Court held a 28 hearing on Plaintiff’s Ex Parte Application for (1) Order Appointing Receiver; and (2) Preliminary 4887-9555-2109 NOTICE OF ORDER TO SHOW CAUSE 1 Injunction in Aid of Receiver dated June 23, 2023 (“Application”). The hearing was conducted via 2 videconferencing software. Marshall J. Hogan and Bryce A. Suzuki (pro hac vice pending) of Snell 3 & Wilmer L.L.P. appeared by videoconference for Plaintiff. No appearances were made for 4 Defendant. 5 The Court granted the Application and issued an Order to Show Cause re: Why the 6 Receiver’s Appointment Should Not be Confirmed (“OSC”). Pursuant to California Rule of Court 7 3.1176, the Court set a hearing on the OSC for July 10, 2023 at 10:00 a.m. and ordered Plaintiff to 8 give notice of the same. 9 PLEASE TAKE NOTICE that a hearing on the OSC will occur July 10, 2023 at 10:00 a.m. 10 in the above-entitled Court located at 1100 Anacapa Street, Santa Barbara, CA 93101. The hearing 11 will be conducted via videoconferencing service (Zoom) and the information for accessing hearing SNELL & WILMER COSTA MESA, CALIFORNIA 92626-7689 600 ANTON BLVD, SUITE 1400 12 by Zoom is stated below. LAW OFFICES 13 Meeting ID: Passcode: L.L.P. 14 161 505 3019 2509581 15 Zoom Link: 16 https://www.zoomgov.com/j/1615053019?pwd=RTduQXNvbGUyVEtncWl4SnJvYU16QT09 17 18 Dated: June 29, 2023 SNELL & WILMER L.L.P. 19 20 By: 21 Marshall J. Hogan Andrew B. Still 22 Bryce A. Suzuki 23 Attorneys for Plaintiff 24 25 26 27 28 -2- 4887-9555-2109 NOTICE OF ORDER TO SHOW CAUSE 1 East West Bank v HERBL, INC., et al. Santa Barbara Superior Court, Case No. 23CV02629 2 3 PROOF OF SERVICE 4 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 5 Mesa, CA 92626-7689. 6 On June 29, 2023, I served, in the manner indicated below, the foregoing documents 7 described as 8 1) NOTICE OF (i) ORDER TO SHOW CAUSE RE: WHY THE APPOINTMENT OF THE RECEIVER SHOULD NOT BE CONFIRMED AND (ii) HEARING 9 ON ORDER TO SHOW CAUSE EAST WEST BANK’S EX PARTE APPLICATION FOR: (1) ORDER APPOINTING RECEIVER; AND (2) 10 PRELIMINARY INJUNCTION IN AID OF RECEIVER; MEMORANDUM; 11 2) EAST WEST BANK’S EX PARTE APPLICATION FOR: (1) ORDER SNELL & WILMER COSTA MESA, CALIFORNIA 92626-7689 APPOINTING RECEIVER; AND (2) PRELIMINARY INJUNCTION IN AID 600 ANTON BLVD, SUITE 1400 12 OF RECEIVER; MEMORANDUM; LAW OFFICES 13 L.L.P. 3) DECLARATION OF STUART BONOMO IN SUPPORT OF EX PARTE 14 APPLICATION FOR: (1) ORDER APPOINTING RECEIVER; AND (2) PRELIMINARY INJUNCTION IN AID OF RECEIVER; 15 16 4) DECLARATION OF KEVIN SINGER IN SUPPORT OF EX PARTE APPLICATION FOR: (1) ORDER APPOINTING RECEIVER; AND (2) 17 PRELIMINARY INJUNCTION IN AID OF RECEIVER; 18 5) DECLARATION OF ANDREW B. STILL IN SUPPORT OF EX PARTE APPLICATION FOR: (1) ORDER APPOINTING RECEIVER; AND (2) 19 PRELIMINARY INJUNCTION IN AID OF RECEIVER; 20 21 on the interested parties in this action by placing true copies thereof, enclosed in sealed envelopes, at Costa Mesa, addressed as follows: 22 See the attached Service List 23 24 25 26 27 28 -3- 4887-9555-2109 NOTICE OF ORDER TO SHOW CAUSE 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 29, 2023, at Costa Mesa, California. LAW OFFICES 13 L.L.P. 14 15 Kelley E. Nestuk 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- 4887-9555-2109 NOTICE OF ORDER TO SHOW CAUSE 1 East West Bank v HERBL, INC., et al. Santa Barbara Superior Court, Case No. 23CV02629 2 SERVICE LIST 3 4 Fauver, Large, Archbald & Spray LLP Registered Agent of HERBL, Inc., 5 c/o Michael S. Fauver Email: mratliff@flasllp.com 820 State Street, Fourth Floor Telephone: (805) 966-7000. 6 Santa Barbara, CA 93101 7 Michael Beaudry CEO of HERBL, Inc., 8 5142 Hollister Ave. #175 Santa Barbara, CA 93111 9 10 11 SNELL & WILMER COSTA MESA, CALIFORNIA 92626-7689 600 ANTON BLVD, SUITE 1400 12 LAW OFFICES 13 L.L.P. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5- 4887-9555-2109 NOTICE OF ORDER TO SHOW CAUSE