Preview
1 Christopher D. Nissen, Esq. (SBN 202034)
Adam E. Wayne (SBN 332534)
2 Sonia T. Amodeo (SBN 349279)
WILSON, ELSER, MOSKOWITZ,
3 EDELMAN & DICKER LLP
555 S Flower St, Suite 2900
4 Los Angeles, CA 90071-2407
Telephone: (213) 443-5100
5 Facsimile: (213) 445-5101
Email: christopher.nissen@wilsonelser.com
6 adam.wayne@wilsonelser.com
sonia.amodeo@wilsonelser.com
7 Attorneys for Claimants
CENTRAL COAST AGRICULTURE, INC.
8 dba RAW GARDEN, AND NABIONE, INC.
dba NABIS
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF SANTA BARBARA – SOUTH COUNTY DIVISION
11 EAST WEST BANK, a California state Case No.: 23CV02629
banking corporation, [Assigned for all Purposes to the Honorable
12 Colleen K. Stern, Dept. 5]
13 Plaintiff, DECLARATION OF CHRISTOPHER D.
NISSEN AND EXHIBITS IN SUPPORT OF
14 v. CLAIMANT CENTRAL COAST
AGRICULTURE, INC.’S APPLICATION
15 FOR RIGHT TO ATTACH ORDER AND
HERBL, INC., a California corporation dba WRIT OF ATTACHMENT AND ORDER
16 HERBL, HERBL DISTRIBUTION PERMITTING CREATION OF LIEN
SOLUTIONS, and HDS NATURALS,
17 Date: April 15, 2024
Defendant. Time: 10:00 a.m.
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Filed/Lodged Concurrently with:
19 1. Claimant Central Coast Agriculture,
Inc.’s Notice of And Application For
20 Right To Attach Order And Writ Of
Attachment And Order Permitting The
21 Creation Of Lien;
2. Memorandum of Points and Authorities
22 in Support of Application;
3. Declaration of Thomas Martin and
23 Exhibits
4. Declaration of Keely Ryan and Exhibits;
24 5. [Proposed] Order;
25 6. Request for Judicial Notice;
7. [Proposed] Order Granting Request for
26 Judicial Notice
8. Motion to File Under Seal;
27 9. [Proposed] Order Granting Motion to
File Under Seal
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DECLARATION OF CHRISTOPHER D. NISSEN IN SUPPORT OF CLAIMANT CENTRAL COAST AGRICULTURE, INC.’S
APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT AND ORDER PERMITTING CREATION
OF LIEN
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2 DECLARATION OF CHRISTOPHER NISSEN IN SUPPORT OF CCA’S APPLICATION
3 FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT AND ORDER
4 PERMITTING THE CREATION OF LIEN
5 I, Christopher D. Nissen, declare as follows:
6 1. I am an attorney at law duly licensed to practice before all the courts of the State of
7 California, and of counsel with the law firm of Wilson, Elser, Moskowitz, Edelman & Dicker LLP,
8 counsel of record for Defendants CENTRAL COAST AGRICULTURE, INC. dba Raw Garden
9 (“CCA”) and NABIONE, INC. dba NABIS (“Nabis”) (sometimes referred to collectively herein as
10 “Defendants”) in the above-entitled action. The following facts are based upon my own personal
11 knowledge and if called upon I could and would competently testify thereto.
12 2. I am the principal attorney handling this matter on behalf of Nabis and CCA.
13 3. Also on March 7, 2022, CCA filed an application for right to attach order and
14 issuance of writ of attachment. On August 12, 2022, this Court denied CCA’s application for right
15 to attach order and issuance of writ of attachment. A true and correct copy of the August 12, 2022
16 Minute Order is attached hereto as Exhibit 29.
17 4. CCA recently filed a Renewed Application for Writ and Right to Attach Order in the
18 CCA v. Herbl Litigation on November 6, 2023 on an ex parte basis, wherein the court in that case
19 considered the Renewed Application as a regularly noticed motion, took briefing and ultimately
20 heard the Application on December 15, 2023, denying the motion without prejudice. In denying the
21 Renewed Writ Application, Judge Geck quoted from the Receivership Order in this case, which she
22 found “stays a creditor of Herbl, like CCA here, from taking any action to establish or enforce any
23 claim, right, or interest against Herbl, including ‘prosecuting’, or ‘continuing’ ‘any suit or
24 proceeding,’ including [the CCA v. Herbl Litigation] ‘[e]xcept by leave of [This Court]’”. However,
25 Judge Geck also noted that the Receivership Order “plainly requires that permission be sought from
26 the Receivership Action court in the first instance as a form of relief from the court’s stay of all
27 actions against Herbl. Judge Geck further ruled that the denial was “without prejudice to the filing
28 of a further renewed application should the court in the Receivership Action provide its consent.” A
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DECLARATION OF CHRISTOPHER D. NISSEN IN SUPPORT OF CLAIMANT CENTRAL COAST AGRICULTURE, INC.’S
APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT AND ORDER PERMITTING CREATION
OF LIEN
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true and correct copy of the court in Herbl v. CCA Litigation from the December 15, 2023 hearing
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denying the Renewed Application for Writ and Right to Attach Order is attached as Exhibit 30 to
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my declaration.
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5. The Receiver’s counsel have taken over the litigation of the Herbl v. CCA matter and
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are being paid from Receiver-collected Herbl assets.
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6. Herbl’s Receiver, Kevin Singer, is actively liquidating Herbl’s assets, and it is highly
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likely, if not a certainty, that Herbl will have no remaining assets left to satisfy its obligations to
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CCA, as set forth in the instant memorandum, by the time CCA will be able to secure judgment
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against Herbl should it prevail on its Cross-Complaint at trial.
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7. At my direction, this case is staffed with attorneys and staff appropriate in seniority
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and skill level to prosecute and defend this action. The Wilson Elser Moskowitz Edelman & Dicker
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LLP (“Wilson Elser”) timekeepers that have performed work to research, draft, review, and prepare
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the writ of attachment and documents in support are the following:
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a. I am Of Counsel at Wilson Elser. I am a 1998 graduate of Georgetown
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University Law Center and has over 25 years of experience handling complex
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civil litigation matters.
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b. Adam Wayne is an associate at Wilson Elser. He graduated from the Golden
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Gate University School of Law in 2018.
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c. Sonia Amodeo is an associate at Wilson Elser. She graduated from Loyola Law
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School in 2022.
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8. The rates charged by Wilson Elser in this matter are consistent with what Wilson
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Elser charges other clients for similar work. Based on my experience and knowledge of the legal
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community, I believe Wilson Elser attorney rates are consistent with and customary to what other
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law firms with comparable skill, reputation, and experience charge for similar matters.
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9. I have reviewed the billing records generated by Wilson Elser reflecting the time
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spent to research, draft, and prepare the writ of attachment and supporting documents. I am informed
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and believe that my firm’s billing rates are reasonable and on par with the hourly rates for litigators
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DECLARATION OF CHRISTOPHER D. NISSEN IN SUPPORT OF CLAIMANT CENTRAL COAST AGRICULTURE, INC.’S
APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT AND ORDER PERMITTING CREATION
OF LIEN
1
of similar skill and experience. I directed and supervised the work performed and believe the hours
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billed to be reasonable and accurately reflect the amount of work necessary to prepare the writ
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application, and that the work performed was not excessive or duplicative.
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10. My hourly rate on this matter is $455 and I have billed 28 hours on this project
5
($12,740). Mr. Wayne’s hourly rate on this matter is $315 and he has billed 10.2 hours on this
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project ($3,213). Ms. Amodeo’s hourly rate on this matter is $315 and she has billed 41.2 hours on
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this assignment ($12,978). Our firm incurred a total of at least $28,931 preparing this Writ of
8
Attachment.
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11. I anticipate additional fees will be incurred to draft and prepare a reply brief, and to
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prepare for and attend the hearing for the application for writ of attachment. CCA will file a
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supplemental declaration setting forth the final total of attorneys’ fees requested.
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I declare under penalty of perjury under the laws of California that the foregoing is true and
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correct and that this declaration was executed on February 9, 2024 in Los Angeles, California.
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17 Christopher D. Nissen
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DECLARATION OF CHRISTOPHER D. NISSEN IN SUPPORT OF CLAIMANT CENTRAL COAST AGRICULTURE, INC.’S
APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT AND ORDER PERMITTING CREATION
OF LIEN
EXHIBIT 29
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA BARBARA
Dated and Entered: 08/12/2022 Time: 10:00 AM
Judicial Officer: Donna D Geck
Deputy Clerk: Kristi Temple Dept: SB Dept 4
Deputy Sheriff: Marco Diaz
Court Reporter: Michelle Sabado Case No: 22CV00077
HERBL Inc vs Central Coast Agriculture Inc et al
Parties Present:
Michael Fauver Plaintiff’s Attorney
Larry Conlan Plaintiff’s Attorney
Jennifer Briggs Fisher Defendant’s Attorney
NATURE OF PROCEEDINGS: Right to Attach; Case Management Conference
Counsel presented argument.
The following hearing was scheduled:
January 27, 2023 at 8:30 a.m.
Case Management Conference
Geck, Donna D
SB Dept 4
The Court adopted the tentative ruling as follows:
RULING:
For the reasons set forth herein, the application for right to attach order and for issuance of a writ of
attachment of cross-complainant Central Coast Agriculture, Inc., is denied.
Background:
This dispute arises out of a distribution relationship between the parties for cannabis products.
On January 10, 2022, plaintiff HERBL, Inc. (HERBL) filed its original complaint against defendant Central
Coast Agriculture, Inc., dba Raw Garden (CCA) asserting one cause of action for breach of contract.
On January 28, 2022, without any response having been filed to the original complaint, HERBL filed its
first amended complaint (FAC) asserting 11 causes of action: (1) intentional misrepresentation; (2)
negligent misrepresentation; (3) breach of contract; (4) breach of implied covenant of good faith and fair
dealing; (5) express indemnity; (6) unfair business practices as to Raw Garden (UCL) (Bus. & Prof.
Code, § 17200 et seq.); (7) intentional interference with contract; (8) intentional interference with
prospective economic relations; (9) negligent interference with prospective economic relations; (10)
aiding and abetting; and (11) UCL as to new defendant Nabione, Inc., dba Nabis (Nabione).
SC-2411 (Revised July 1, 2013) MINUTE ORDER
On March 7, 2022, Nabione filed its demurrer to the FAC. The demurrer was noticed for hearing on May
6.
Also on March 7, 2022, CCA filed its demurrer to the FAC, also noticed for hearing on May 6. CCA
concurrently filed its verified cross-complaint (VCC) against HERBL asserting four causes of action: (1)
breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) account stated;
and (4) open book account. The VCC is verified by Matthew Allen, an officer of CCA, who makes his
verification upon his information and belief that the allegations of the VCC are true. (VCC, p. 19
[verification].)
Additionally, on March 7, 2022, CCA filed this application for right to attach order and for issuance of writ
of attachment (Application). The Application is factually based only upon the VCC. (Application, ¶ 7a.)
The Application seeks to secure by the attachment the amount of $6,639,646.02, including attorney fees
in the amount of $15,164.50. The Application was originally noticed for hearing on May 6, 2022.
On April 8, 2022, HERBL filed its verified answer to the VCC admitting and denying allegations therein
and asserting 22 affirmative defenses.
On April 18, 2022, HERBL filed its ex parte application to continue the hearing on the Application. On
April 19, the court granted the ex parte application and continued the hearing on the Application to this
hearing date of August 12.
On May 5, 2022, pursuant to the order of the court on the stipulation of the parties, HERBL filed its
second amended complaint (SAC), asserting 12 causes of action: (1) intentional misrepresentation; (2)
negligent misrepresentation; (3) breach of contract; (4) breach of implied covenant of good faith and fair
dealing; (5) express indemnity; (6) unfair business practices as to Raw Garden (UCL) (Bus. & Prof.
Code, § 17200 et seq.); (7) intentional interference with contract; (8) intentional interference with
prospective economic relations; (9) negligent interference with prospective economic relations; (10) civil
conspiracy to commit fraud; (11) aiding and abetting fraud; and (12) UCL as to Nabione. The filing of the
SAC rendered the demurrers to the FAC moot.
On June 3, 2022, CCA and Nabione filed their answers to the SAC, generally denying the allegations
thereof and asserting 20 and 18 affirmative defenses, respectively.
On August 5, 2022, HERBL filed its opposition to the Application and supporting papers.
Analysis:
“Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article
for a right to attach order and a writ of attachment by filing an application for the order and writ with the
court in which the action is brought.” (Code Civ. Proc., § 484.010.)
“At the hearing, the court shall consider the showing made by the parties appearing and shall issue a
right to attach order, which shall state the amount to be secured by the attachment determined by the
court in accordance with Section 483.015 or 483.020, if it finds all of the following:
“(1) The claim upon which the attachment is based is one upon which an attachment may be issued.
“(2) The plaintiff has established the probable validity of the claim upon which the attachment is
based.
SC-2411 (Revised July 1, 2013) MINUTE ORDER
“(3) The attachment is not sought for a purpose other than the recovery on the claim upon which the
attachment is based.
“(4) The amount to be secured by the attachment is greater than zero.” (Code Civ. Proc., § 484.090,
subd. (a).)
“Whether or not the defendant appears in opposition, the plaintiff has the burden of proving (1) that his
claim is one upon which an attachment may be issued and (2) the probable validity of such claim.” (Cal.
Law Revision Com. com., West’s Ann. Code Civ. Proc. (2022 ed.) foll. § 484.090; see also Loeb & Loeb
v. Beverly Glen Music, Inc. (1985) 166 Cal.App.3d 1110, 1116.) “A claim has ‘probable validity’ where it
is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim.” (Code
Civ. Proc., § 481.190.)
“The application shall be supported by an affidavit showing that the plaintiff on the facts presented would
be entitled to a judgment on the claim upon which the attachment is based.” (Code Civ. Proc., §
484.030.) Here, CCA, as cross-complainant, is the party applying for the right to attach order and the writ
of attachment based upon the claims in its VCC. (Application, ¶¶ 1, 7a.) CCA is a “plaintiff” and its VCC
is a “complaint” under the Attachment Law. (Code Civ. Proc., §§ 481.060, 481.180.) The facts CCA
asserts show its entitlement to a judgment on the claim upon which CCA bases its Application are set
forth solely in the VCC. (Application, ¶ 7a.)
HERBL opposes the Application on the initial grounds that CCA has failed to provide any admissible
evidence in support of its Application. Correspondingly, CCA objects to the VCC and to exhibit 1 to the
memorandum in support of the Application.
“The facts stated in each affidavit filed pursuant to this title shall be set forth with particularity. Except
where matters are specifically permitted by this title to be shown by information and belief, each affidavit
shall show affirmatively that the affiant, if sworn as a witness, can testify competently to the facts stated
therein. As to matters shown by information and belief, the affidavit shall state the facts on which the
affiant’s belief is based, showing the nature of his information and the reliability of his informant. The
affiant may be any person, whether or not a party to the action, who has knowledge of the facts. A
verified complaint that satisfies the requirements of this section may be used in lieu of or in addition to an
affidavit.” (Code Civ. Proc., § 482.040.)
As noted above, the VCC is verified by an officer of a corporation solely on information and belief. The
Attachment Law does not contain any provision which specifically permits the facts the moving party
uses to show the existence of probable validity of the claim to be shown by information and belief. Under
section 482.040, a verified complaint can only be used in lieu of an affidavit if it meets the requirement of
competency to testify as to the facts shown therein. The VCC fails to meet that requirement and
therefore cannot be used in lieu of an affidavit.
Similarly, the verification of the VCC fails to meet the requirements for using a verified complaint
generally as evidence: “[W]hen the verification is made on behalf of a corporation or public agency by
any officer thereof, the attorney’s or officer’s affidavit shall state that he or she has read the pleading and
that he or she is informed and believes the matters therein to be true and on that ground alleges that the
matters stated therein are true. However, in those cases the pleadings shall not otherwise be considered
as an affidavit or declaration establishing the facts therein alleged.” (Code Civ. Proc., § 446, subd. (a),
3d. par.) A complaint verified by a corporate officer on behalf of a corporation cannot support an
application for a right to attach order. (See Lorber Industries v. Turbulence, Inc. (1985) 175 Cal.App.3d
532, 536.)
SC-2411 (Revised July 1, 2013) MINUTE ORDER
The court therefore sustains the objections to the VCC and to exhibit 1 to the memorandum as without
foundation, as inadmissible hearsay, and without authentication (as to exhibits).
Although the Application expressly states that the facts supporting the Application are shown solely in the
VCC (Application, ¶ 7a), the court also notes that CCA’s memorandum in support of the Application
indicates in its caption that a declaration of Jennifer Briggs Fisher was also filed concurrently with the
Application. The declaration of Fisher is limited to the attorney fees sought to be included in the right to
attach order. (Fisher decl., ¶¶ 2-5.) The Fisher declaration includes no evidence of the probable validity
of CCA’s claim.
Because CCA has the burden of proof to show the facts necessary to support the findings for issuance of
a right to attach order and writ of attachment and because there is no admissible evidence presented in
support of the Application, the Application will be denied.
Counsel waived notice.
DARREL E. PARKER, EXECUTIVE OFFICER Minutes Prepared by:
Kristi Temple , Deputy
SC-2411 (Revised July 1, 2013) MINUTE ORDER
EXHIBIT 30
1 PROOF OF SERVICE
Code Civ. Proc., § 1013b
2 East West Bank. vs. Herbl, Inc.
Santa Barbara Court Case No: 23CV02629
3 WEMED File No: 24879.00001
4
5 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
6 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and
not a party to this action. My business address is 555 South Flower Street, Suite 2900, Los Angeles,
7 California 90071. My electronic service address is jamie.cho@wilsonelser.com.
8 On February 9, 2024, I caused the foregoing document, entitled “DECLARATION OF
CHRISTOPHER D. NISSEN AND EXHIBITS IN SUPPORT OF CLAIMANT CENTRAL
9 COAST AGRICULTURE, INC.’S APPLICATION FOR RIGHT TO ATTACH ORDER
AND WRIT OF ATTACHMENT AND ORDER PERMITTING CREATION OF LIEN,” to
10 be served on the person(s) identified in the attached Service List, at their respective [residential /
business / electronic service] address(es), by the below-indicated means:
11
[X] (BY ELECTRONIC SERVICE) I electronically served the foregoing document in PDF
12 format on behalf of CENTRAL COAST AGRICULTURE, INC. dba RAW GARDEN,
AND NABIONE, INC. dba NABIS
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[] (BY ELECTRONIC SERVICE) I am readily familiar with the business’ practice for filing
14 electronically. I caused the foregoing document to be electronically served on February 9,
2024, in the ordinary course of business following ordinary business practices on behalf of
15 (name or names of parties represented).
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[] (BY ELECTRONIC SERVICE) – Based upon a court order or an agreement of the parties
17 to accept service by electronic transmission, I caused the documents to be sent to the persons
at the electronic notification addresses as listed on the electronic service list maintained by
18 NAME OF SERVICE.
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[] (BY U.S. MAIL) I enclosed [] a true copy [] the original(s) documents in a sealed envelope
20 or package addressed to the persons at the addresses in the attached Service List and (specify
one):
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[] Deposited the sealed envelope with the United States Postal Service, with the postage
22 fully prepaid.
23 [] Placed the envelope for collection and mailing, following our ordinary business
practices. I am readily familiar with this business’s practice for collecting and processing
24 correspondence for mailing. On the same day that correspondence is placed for collection and
mailing, it is deposited in the ordinary course of business with the United States Postal
25 Service, in a sealed envelope with postage fully prepaid.
26 I am a resident or employed in the county where the mailing occurred. The envelope or
package was placed in the mail at Los Angeles, California.
27
[] (BY FACSIMILE) Based on an agreement of the parties to accept service by fax
28 transmission, I faxed the documents to the persons at the fax numbers listed in the attached
5
DECLARATION OF CHRISTOPHER D. NISSEN IN SUPPORT OF CLAIMANT CENTRAL COAST AGRICULTURE, INC.’S
APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT AND ORDER PERMITTING CREATION
OF LIEN
1 Service List. No error was reported by the fax machine that I used. A copy of the record of
the fax transmission, which I printed out, is attached.
2
[] (BY OVERNIGHT DELIVERY) I enclosed the documents in an envelope or package
3 provided by an overnight delivery carrier, or other packaging, and addressed to the person(s)
at the address(es) in the attached Service List. I am readily familiar with this business’s
4 practice for collecting and processing correspondence for overnight delivery. On the same
day that correspondence is placed for collection and delivery, it is given in the ordinary course
5 of business to the overnight delivery carrier.
6 [] (BY EXPRESS MAIL) I caused said document(s) to be deposited with the U.S. Postal
Service for Express Mail delivery to the offices of the address(es) listed on the Service List.
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8 [] (MESSENGER SERVICE) I served the documents by placing them in an envelope or
package addressed to the persons at the addresses listed in the attached Service List and
9 providing them to a professional messenger service for service.
10 [] (BY PERSONAL SERVICE) Said documents were personally/physically delivered
to the addressees as noted on the service List
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[] (BY CERTIFIED MAIL – RETURN RECEIPT REQUESTED) I caused such
12 envelope(s) fully prepaid to be placed in the United States Mail at Los Angeles, California by
Certified Mail – Return Receipt Requested. I am “readily familiar” with the firm’s practice
13 of collection and processing correspondence or mailing. Under that practice it would be
deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at
14 Los Angeles, California in the ordinary course of business. I am aware that on motion of the
party served, service is presumed invalid if postal cancellation date or postage meter date is
15 more than one day after date of deposit for mailing in affidavit.
16 I declare under penalty of perjury under the laws of the State of California that the above is
true and correct.
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Executed on February 9, 2024, at Los Angeles, California.
18
Jamie Cho
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Jamie Cho
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DECLARATION OF CHRISTOPHER D. NISSEN IN SUPPORT OF CLAIMANT CENTRAL COAST AGRICULTURE, INC.’S
APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT AND ORDER PERMITTING CREATION
OF LIEN
1 SERVICE LIST
East West Bank. vs. Herbl, Inc.
2 Santa Barbara Court Case No: 23CV02629
WEMED File No: 24879.00001
3
4
Marshall J. Hogan (#286147) Attorneys for Plaintiff
5 mhogan@swlaw.com EAST WEST BANK
6 Andrew B Still (#312444)
astill@swlaw.com
7 SNELL & WILMER L.L.P.
600 Anton Boulevard, Suite 1400
8 Costa Mesa, CA 92626-7689
Telephone: 714.427.7000
9 Facsimile: 714.427.7799
10
Bryce A. Suzuki (pro hac vice forthcoming)
11 bsuzuki@swlaw.com
SNELL & WILMER L.L.P.
12 One East Washington Street, Suite 2700
Phoenix, AZ 85004
13 Telephone: 602.382.6000
14 Facsimile: 602.382.6070
15 Michael S. Fauver (SBN: 205829) Attorneys for Defendant
Marcus J. Kocmur (SBN: 208702) HERBL, INC.
16 Ian L.M. Durdle (SBN: 329187)
FAUVER, LARGE, ARCHBALD &
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SPRAY, LLP 820 State Street, 4th Floor
18 Santa Barbara, CA 93101
Tel: (805) 966-7000 Fax: (805) 966-7227
19 mfauver@flasllp.com
mkocmur@flasllp.com
20 idurdle@flasllp.com
Marina Ratliff, paralegal
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mratliff@flasllp.com
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Lawrence J. Conlan (SBN: 221350) Attorneys for Defendant
23 David L. Cousineau (SBN: 298801) HERBL, INC.
CAPPELLO & NOËL LLP
24 831 State Street
25 Santa Barbara, CA 93101
Tel: (805) 564-2444 Fax: (805) 965-5950
26 lconlan@cappellonoel.com
dcousineau@cappellonoel.com
27 rlloyd@cappellonoel.com
adickerson@cappellonoel.com
28 mduong@cappellonoel.com 7
DECLARATION OF CHRISTOPHER D. NISSEN IN SUPPORT OF CLAIMANT CENTRAL COAST AGRICULTURE, INC.’S
APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT AND ORDER PERMITTING CREATION
OF LIEN
1 mduong@cappellonoel.com
jwarson@cappellonoel.com
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Larry Russ Attorneys for Nabione, Inc. dba Nabis
4 Nathan D. Meyer
Timothy M. Baumann
5 Russ August & Kabat
12424 Wilshire Boulevard, Suite 1200
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Los Angeles, CA 90025
7 Tel: (310) 826-7474 Fax: (310) 826-6991
LRuss@raklaw.com
8 NMeyer@raklaw.com
TBaumann@raklaw.com
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DECLARATION OF CHRISTOPHER D. NISSEN IN SUPPORT OF CLAIMANT CENTRAL COAST AGRICULTURE, INC.’S
APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT AND ORDER PERMITTING CREATION
OF LIEN
Preview
1 Christopher D. Nissen, Esq. (SBN 202034) Adam E. Wayne (SBN 332534) 2 Sonia T. Amodeo (SBN 349279) WILSON, ELSER, MOSKOWITZ, 3 EDELMAN & DICKER LLP 555 S Flower St, Suite 2900 4 Los Angeles, CA 90071-2407 Telephone: (213) 443-5100 5 Facsimile: (213) 445-5101 Email: christopher.nissen@wilsonelser.com 6 adam.wayne@wilsonelser.com sonia.amodeo@wilsonelser.com 7 Attorneys for Claimants CENTRAL COAST AGRICULTURE, INC. 8 dba RAW GARDEN, AND NABIONE, INC. dba NABIS 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SANTA BARBARA – SOUTH COUNTY DIVISION 11 EAST WEST BANK, a California state Case No.: 23CV02629 banking corporation, [Assigned for all Purposes to the Honorable 12 Colleen K. Stern, Dept. 5] 13 Plaintiff, DECLARATION OF CHRISTOPHER D. NISSEN AND EXHIBITS IN SUPPORT OF 14 v. CLAIMANT CENTRAL COAST AGRICULTURE, INC.’S APPLICATION 15 FOR RIGHT TO ATTACH ORDER AND HERBL, INC., a California corporation dba WRIT OF ATTACHMENT AND ORDER 16 HERBL, HERBL DISTRIBUTION PERMITTING CREATION OF LIEN SOLUTIONS, and HDS NATURALS, 17 Date: April 15, 2024 Defendant. Time: 10:00 a.m. 18 Filed/Lodged Concurrently with: 19 1. Claimant Central Coast Agriculture, Inc.’s Notice of And Application For 20 Right To Attach Order And Writ Of Attachment And Order Permitting The 21 Creation Of Lien; 2. Memorandum of Points and Authorities 22 in Support of Application; 3. Declaration of Thomas Martin and 23 Exhibits 4. Declaration of Keely Ryan and Exhibits; 24 5. [Proposed] Order; 25 6. Request for Judicial Notice; 7. [Proposed] Order Granting Request for 26 Judicial Notice 8. Motion to File Under Seal; 27 9. [Proposed] Order Granting Motion to File Under Seal 28 1 DECLARATION OF CHRISTOPHER D. NISSEN IN SUPPORT OF CLAIMANT CENTRAL COAST AGRICULTURE, INC.’S APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT AND ORDER PERMITTING CREATION OF LIEN 1 2 DECLARATION OF CHRISTOPHER NISSEN IN SUPPORT OF CCA’S APPLICATION 3 FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT AND ORDER 4 PERMITTING THE CREATION OF LIEN 5 I, Christopher D. Nissen, declare as follows: 6 1. I am an attorney at law duly licensed to practice before all the courts of the State of 7 California, and of counsel with the law firm of Wilson, Elser, Moskowitz, Edelman & Dicker LLP, 8 counsel of record for Defendants CENTRAL COAST AGRICULTURE, INC. dba Raw Garden 9 (“CCA”) and NABIONE, INC. dba NABIS (“Nabis”) (sometimes referred to collectively herein as 10 “Defendants”) in the above-entitled action. The following facts are based upon my own personal 11 knowledge and if called upon I could and would competently testify thereto. 12 2. I am the principal attorney handling this matter on behalf of Nabis and CCA. 13 3. Also on March 7, 2022, CCA filed an application for right to attach order and 14 issuance of writ of attachment. On August 12, 2022, this Court denied CCA’s application for right 15 to attach order and issuance of writ of attachment. A true and correct copy of the August 12, 2022 16 Minute Order is attached hereto as Exhibit 29. 17 4. CCA recently filed a Renewed Application for Writ and Right to Attach Order in the 18 CCA v. Herbl Litigation on November 6, 2023 on an ex parte basis, wherein the court in that case 19 considered the Renewed Application as a regularly noticed motion, took briefing and ultimately 20 heard the Application on December 15, 2023, denying the motion without prejudice. In denying the 21 Renewed Writ Application, Judge Geck quoted from the Receivership Order in this case, which she 22 found “stays a creditor of Herbl, like CCA here, from taking any action to establish or enforce any 23 claim, right, or interest against Herbl, including ‘prosecuting’, or ‘continuing’ ‘any suit or 24 proceeding,’ including [the CCA v. Herbl Litigation] ‘[e]xcept by leave of [This Court]’”. However, 25 Judge Geck also noted that the Receivership Order “plainly requires that permission be sought from 26 the Receivership Action court in the first instance as a form of relief from the court’s stay of all 27 actions against Herbl. Judge Geck further ruled that the denial was “without prejudice to the filing 28 of a further renewed application should the court in the Receivership Action provide its consent.” A 2 DECLARATION OF CHRISTOPHER D. NISSEN IN SUPPORT OF CLAIMANT CENTRAL COAST AGRICULTURE, INC.’S APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT AND ORDER PERMITTING CREATION OF LIEN 1 true and correct copy of the court in Herbl v. CCA Litigation from the December 15, 2023 hearing 2 denying the Renewed Application for Writ and Right to Attach Order is attached as Exhibit 30 to 3 my declaration. 4 5. The Receiver’s counsel have taken over the litigation of the Herbl v. CCA matter and 5 are being paid from Receiver-collected Herbl assets. 6 6. Herbl’s Receiver, Kevin Singer, is actively liquidating Herbl’s assets, and it is highly 7 likely, if not a certainty, that Herbl will have no remaining assets left to satisfy its obligations to 8 CCA, as set forth in the instant memorandum, by the time CCA will be able to secure judgment 9 against Herbl should it prevail on its Cross-Complaint at trial. 10 7. At my direction, this case is staffed with attorneys and staff appropriate in seniority 11 and skill level to prosecute and defend this action. The Wilson Elser Moskowitz Edelman & Dicker 12 LLP (“Wilson Elser”) timekeepers that have performed work to research, draft, review, and prepare 13 the writ of attachment and documents in support are the following: 14 a. I am Of Counsel at Wilson Elser. I am a 1998 graduate of Georgetown 15 University Law Center and has over 25 years of experience handling complex 16 civil litigation matters. 17 b. Adam Wayne is an associate at Wilson Elser. He graduated from the Golden 18 Gate University School of Law in 2018. 19 c. Sonia Amodeo is an associate at Wilson Elser. She graduated from Loyola Law 20 School in 2022. 21 8. The rates charged by Wilson Elser in this matter are consistent with what Wilson 22 Elser charges other clients for similar work. Based on my experience and knowledge of the legal 23 community, I believe Wilson Elser attorney rates are consistent with and customary to what other 24 law firms with comparable skill, reputation, and experience charge for similar matters. 25 9. I have reviewed the billing records generated by Wilson Elser reflecting the time 26 spent to research, draft, and prepare the writ of attachment and supporting documents. I am informed 27 and believe that my firm’s billing rates are reasonable and on par with the hourly rates for litigators 28 3 DECLARATION OF CHRISTOPHER D. NISSEN IN SUPPORT OF CLAIMANT CENTRAL COAST AGRICULTURE, INC.’S APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT AND ORDER PERMITTING CREATION OF LIEN 1 of similar skill and experience. I directed and supervised the work performed and believe the hours 2 billed to be reasonable and accurately reflect the amount of work necessary to prepare the writ 3 application, and that the work performed was not excessive or duplicative. 4 10. My hourly rate on this matter is $455 and I have billed 28 hours on this project 5 ($12,740). Mr. Wayne’s hourly rate on this matter is $315 and he has billed 10.2 hours on this 6 project ($3,213). Ms. Amodeo’s hourly rate on this matter is $315 and she has billed 41.2 hours on 7 this assignment ($12,978). Our firm incurred a total of at least $28,931 preparing this Writ of 8 Attachment. 9 11. I anticipate additional fees will be incurred to draft and prepare a reply brief, and to 10 prepare for and attend the hearing for the application for writ of attachment. CCA will file a 11 supplemental declaration setting forth the final total of attorneys’ fees requested. 12 13 I declare under penalty of perjury under the laws of California that the foregoing is true and 14 correct and that this declaration was executed on February 9, 2024 in Los Angeles, California. 15 16 17 Christopher D. Nissen 18 19 20 21 22 23 24 25 26 27 28 4 DECLARATION OF CHRISTOPHER D. NISSEN IN SUPPORT OF CLAIMANT CENTRAL COAST AGRICULTURE, INC.’S APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT AND ORDER PERMITTING CREATION OF LIEN EXHIBIT 29 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA BARBARA Dated and Entered: 08/12/2022 Time: 10:00 AM Judicial Officer: Donna D Geck Deputy Clerk: Kristi Temple Dept: SB Dept 4 Deputy Sheriff: Marco Diaz Court Reporter: Michelle Sabado Case No: 22CV00077 HERBL Inc vs Central Coast Agriculture Inc et al Parties Present: Michael Fauver Plaintiff’s Attorney Larry Conlan Plaintiff’s Attorney Jennifer Briggs Fisher Defendant’s Attorney NATURE OF PROCEEDINGS: Right to Attach; Case Management Conference Counsel presented argument. The following hearing was scheduled: January 27, 2023 at 8:30 a.m. Case Management Conference Geck, Donna D SB Dept 4 The Court adopted the tentative ruling as follows: RULING: For the reasons set forth herein, the application for right to attach order and for issuance of a writ of attachment of cross-complainant Central Coast Agriculture, Inc., is denied. Background: This dispute arises out of a distribution relationship between the parties for cannabis products. On January 10, 2022, plaintiff HERBL, Inc. (HERBL) filed its original complaint against defendant Central Coast Agriculture, Inc., dba Raw Garden (CCA) asserting one cause of action for breach of contract. On January 28, 2022, without any response having been filed to the original complaint, HERBL filed its first amended complaint (FAC) asserting 11 causes of action: (1) intentional misrepresentation; (2) negligent misrepresentation; (3) breach of contract; (4) breach of implied covenant of good faith and fair dealing; (5) express indemnity; (6) unfair business practices as to Raw Garden (UCL) (Bus. & Prof. Code, § 17200 et seq.); (7) intentional interference with contract; (8) intentional interference with prospective economic relations; (9) negligent interference with prospective economic relations; (10) aiding and abetting; and (11) UCL as to new defendant Nabione, Inc., dba Nabis (Nabione). SC-2411 (Revised July 1, 2013) MINUTE ORDER On March 7, 2022, Nabione filed its demurrer to the FAC. The demurrer was noticed for hearing on May 6. Also on March 7, 2022, CCA filed its demurrer to the FAC, also noticed for hearing on May 6. CCA concurrently filed its verified cross-complaint (VCC) against HERBL asserting four causes of action: (1) breach of contract; (2) breach of the implied covenant of good faith and fair dealing; (3) account stated; and (4) open book account. The VCC is verified by Matthew Allen, an officer of CCA, who makes his verification upon his information and belief that the allegations of the VCC are true. (VCC, p. 19 [verification].) Additionally, on March 7, 2022, CCA filed this application for right to attach order and for issuance of writ of attachment (Application). The Application is factually based only upon the VCC. (Application, ¶ 7a.) The Application seeks to secure by the attachment the amount of $6,639,646.02, including attorney fees in the amount of $15,164.50. The Application was originally noticed for hearing on May 6, 2022. On April 8, 2022, HERBL filed its verified answer to the VCC admitting and denying allegations therein and asserting 22 affirmative defenses. On April 18, 2022, HERBL filed its ex parte application to continue the hearing on the Application. On April 19, the court granted the ex parte application and continued the hearing on the Application to this hearing date of August 12. On May 5, 2022, pursuant to the order of the court on the stipulation of the parties, HERBL filed its second amended complaint (SAC), asserting 12 causes of action: (1) intentional misrepresentation; (2) negligent misrepresentation; (3) breach of contract; (4) breach of implied covenant of good faith and fair dealing; (5) express indemnity; (6) unfair business practices as to Raw Garden (UCL) (Bus. & Prof. Code, § 17200 et seq.); (7) intentional interference with contract; (8) intentional interference with prospective economic relations; (9) negligent interference with prospective economic relations; (10) civil conspiracy to commit fraud; (11) aiding and abetting fraud; and (12) UCL as to Nabione. The filing of the SAC rendered the demurrers to the FAC moot. On June 3, 2022, CCA and Nabione filed their answers to the SAC, generally denying the allegations thereof and asserting 20 and 18 affirmative defenses, respectively. On August 5, 2022, HERBL filed its opposition to the Application and supporting papers. Analysis: “Upon the filing of the complaint or at any time thereafter, the plaintiff may apply pursuant to this article for a right to attach order and a writ of attachment by filing an application for the order and writ with the court in which the action is brought.” (Code Civ. Proc., § 484.010.) “At the hearing, the court shall consider the showing made by the parties appearing and shall issue a right to attach order, which shall state the amount to be secured by the attachment determined by the court in accordance with Section 483.015 or 483.020, if it finds all of the following: “(1) The claim upon which the attachment is based is one upon which an attachment may be issued. “(2) The plaintiff has established the probable validity of the claim upon which the attachment is based. SC-2411 (Revised July 1, 2013) MINUTE ORDER “(3) The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based. “(4) The amount to be secured by the attachment is greater than zero.” (Code Civ. Proc., § 484.090, subd. (a).) “Whether or not the defendant appears in opposition, the plaintiff has the burden of proving (1) that his claim is one upon which an attachment may be issued and (2) the probable validity of such claim.” (Cal. Law Revision Com. com., West’s Ann. Code Civ. Proc. (2022 ed.) foll. § 484.090; see also Loeb & Loeb v. Beverly Glen Music, Inc. (1985) 166 Cal.App.3d 1110, 1116.) “A claim has ‘probable validity’ where it is more likely than not that the plaintiff will obtain a judgment against the defendant on that claim.” (Code Civ. Proc., § 481.190.) “The application shall be supported by an affidavit showing that the plaintiff on the facts presented would be entitled to a judgment on the claim upon which the attachment is based.” (Code Civ. Proc., § 484.030.) Here, CCA, as cross-complainant, is the party applying for the right to attach order and the writ of attachment based upon the claims in its VCC. (Application, ¶¶ 1, 7a.) CCA is a “plaintiff” and its VCC is a “complaint” under the Attachment Law. (Code Civ. Proc., §§ 481.060, 481.180.) The facts CCA asserts show its entitlement to a judgment on the claim upon which CCA bases its Application are set forth solely in the VCC. (Application, ¶ 7a.) HERBL opposes the Application on the initial grounds that CCA has failed to provide any admissible evidence in support of its Application. Correspondingly, CCA objects to the VCC and to exhibit 1 to the memorandum in support of the Application. “The facts stated in each affidavit filed pursuant to this title shall be set forth with particularity. Except where matters are specifically permitted by this title to be shown by information and belief, each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently to the facts stated therein. As to matters shown by information and belief, the affidavit shall state the facts on which the affiant’s belief is based, showing the nature of his information and the reliability of his informant. The affiant may be any person, whether or not a party to the action, who has knowledge of the facts. A verified complaint that satisfies the requirements of this section may be used in lieu of or in addition to an affidavit.” (Code Civ. Proc., § 482.040.) As noted above, the VCC is verified by an officer of a corporation solely on information and belief. The Attachment Law does not contain any provision which specifically permits the facts the moving party uses to show the existence of probable validity of the claim to be shown by information and belief. Under section 482.040, a verified complaint can only be used in lieu of an affidavit if it meets the requirement of competency to testify as to the facts shown therein. The VCC fails to meet that requirement and therefore cannot be used in lieu of an affidavit. Similarly, the verification of the VCC fails to meet the requirements for using a verified complaint generally as evidence: “[W]hen the verification is made on behalf of a corporation or public agency by any officer thereof, the attorney’s or officer’s affidavit shall state that he or she has read the pleading and that he or she is informed and believes the matters therein to be true and on that ground alleges that the matters stated therein are true. However, in those cases the pleadings shall not otherwise be considered as an affidavit or declaration establishing the facts therein alleged.” (Code Civ. Proc., § 446, subd. (a), 3d. par.) A complaint verified by a corporate officer on behalf of a corporation cannot support an application for a right to attach order. (See Lorber Industries v. Turbulence, Inc. (1985) 175 Cal.App.3d 532, 536.) SC-2411 (Revised July 1, 2013) MINUTE ORDER The court therefore sustains the objections to the VCC and to exhibit 1 to the memorandum as without foundation, as inadmissible hearsay, and without authentication (as to exhibits). Although the Application expressly states that the facts supporting the Application are shown solely in the VCC (Application, ¶ 7a), the court also notes that CCA’s memorandum in support of the Application indicates in its caption that a declaration of Jennifer Briggs Fisher was also filed concurrently with the Application. The declaration of Fisher is limited to the attorney fees sought to be included in the right to attach order. (Fisher decl., ¶¶ 2-5.) The Fisher declaration includes no evidence of the probable validity of CCA’s claim. Because CCA has the burden of proof to show the facts necessary to support the findings for issuance of a right to attach order and writ of attachment and because there is no admissible evidence presented in support of the Application, the Application will be denied. Counsel waived notice. DARREL E. PARKER, EXECUTIVE OFFICER Minutes Prepared by: Kristi Temple , Deputy SC-2411 (Revised July 1, 2013) MINUTE ORDER EXHIBIT 30 1 PROOF OF SERVICE Code Civ. Proc., § 1013b 2 East West Bank. vs. Herbl, Inc. Santa Barbara Court Case No: 23CV02629 3 WEMED File No: 24879.00001 4 5 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES 6 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to this action. My business address is 555 South Flower Street, Suite 2900, Los Angeles, 7 California 90071. My electronic service address is jamie.cho@wilsonelser.com. 8 On February 9, 2024, I caused the foregoing document, entitled “DECLARATION OF CHRISTOPHER D. NISSEN AND EXHIBITS IN SUPPORT OF CLAIMANT CENTRAL 9 COAST AGRICULTURE, INC.’S APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT AND ORDER PERMITTING CREATION OF LIEN,” to 10 be served on the person(s) identified in the attached Service List, at their respective [residential / business / electronic service] address(es), by the below-indicated means: 11 [X] (BY ELECTRONIC SERVICE) I electronically served the foregoing document in PDF 12 format on behalf of CENTRAL COAST AGRICULTURE, INC. dba RAW GARDEN, AND NABIONE, INC. dba NABIS 13 [] (BY ELECTRONIC SERVICE) I am readily familiar with the business’ practice for filing 14 electronically. I caused the foregoing document to be electronically served on February 9, 2024, in the ordinary course of business following ordinary business practices on behalf of 15 (name or names of parties represented). 16 [] (BY ELECTRONIC SERVICE) – Based upon a court order or an agreement of the parties 17 to accept service by electronic transmission, I caused the documents to be sent to the persons at the electronic notification addresses as listed on the electronic service list maintained by 18 NAME OF SERVICE. 19 [] (BY U.S. MAIL) I enclosed [] a true copy [] the original(s) documents in a sealed envelope 20 or package addressed to the persons at the addresses in the attached Service List and (specify one): 21 [] Deposited the sealed envelope with the United States Postal Service, with the postage 22 fully prepaid. 23 [] Placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business’s practice for collecting and processing 24 correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal 25 Service, in a sealed envelope with postage fully prepaid. 26 I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at Los Angeles, California. 27 [] (BY FACSIMILE) Based on an agreement of the parties to accept service by fax 28 transmission, I faxed the documents to the persons at the fax numbers listed in the attached 5 DECLARATION OF CHRISTOPHER D. NISSEN IN SUPPORT OF CLAIMANT CENTRAL COAST AGRICULTURE, INC.’S APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT AND ORDER PERMITTING CREATION OF LIEN 1 Service List. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. 2 [] (BY OVERNIGHT DELIVERY) I enclosed the documents in an envelope or package 3 provided by an overnight delivery carrier, or other packaging, and addressed to the person(s) at the address(es) in the attached Service List. I am readily familiar with this business’s 4 practice for collecting and processing correspondence for overnight delivery. On the same day that correspondence is placed for collection and delivery, it is given in the ordinary course 5 of business to the overnight delivery carrier. 6 [] (BY EXPRESS MAIL) I caused said document(s) to be deposited with the U.S. Postal Service for Express Mail delivery to the offices of the address(es) listed on the Service List. 7 8 [] (MESSENGER SERVICE) I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed in the attached Service List and 9 providing them to a professional messenger service for service. 10 [] (BY PERSONAL SERVICE) Said documents were personally/physically delivered to the addressees as noted on the service List 11 [] (BY CERTIFIED MAIL – RETURN RECEIPT REQUESTED) I caused such 12 envelope(s) fully prepaid to be placed in the United States Mail at Los Angeles, California by Certified Mail – Return Receipt Requested. I am “readily familiar” with the firm’s practice 13 of collection and processing correspondence or mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at 14 Los Angeles, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is 15 more than one day after date of deposit for mailing in affidavit. 16 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 17 Executed on February 9, 2024, at Los Angeles, California. 18 Jamie Cho 19 Jamie Cho 20 21 22 23 24 25 26 27 28 6 DECLARATION OF CHRISTOPHER D. NISSEN IN SUPPORT OF CLAIMANT CENTRAL COAST AGRICULTURE, INC.’S APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT AND ORDER PERMITTING CREATION OF LIEN 1 SERVICE LIST East West Bank. vs. Herbl, Inc. 2 Santa Barbara Court Case No: 23CV02629 WEMED File No: 24879.00001 3 4 Marshall J. Hogan (#286147) Attorneys for Plaintiff 5 mhogan@swlaw.com EAST WEST BANK 6 Andrew B Still (#312444) astill@swlaw.com 7 SNELL & WILMER L.L.P. 600 Anton Boulevard, Suite 1400 8 Costa Mesa, CA 92626-7689 Telephone: 714.427.7000 9 Facsimile: 714.427.7799 10 Bryce A. Suzuki (pro hac vice forthcoming) 11 bsuzuki@swlaw.com SNELL & WILMER L.L.P. 12 One East Washington Street, Suite 2700 Phoenix, AZ 85004 13 Telephone: 602.382.6000 14 Facsimile: 602.382.6070 15 Michael S. Fauver (SBN: 205829) Attorneys for Defendant Marcus J. Kocmur (SBN: 208702) HERBL, INC. 16 Ian L.M. Durdle (SBN: 329187) FAUVER, LARGE, ARCHBALD & 17 SPRAY, LLP 820 State Street, 4th Floor 18 Santa Barbara, CA 93101 Tel: (805) 966-7000 Fax: (805) 966-7227 19 mfauver@flasllp.com mkocmur@flasllp.com 20 idurdle@flasllp.com Marina Ratliff, paralegal 21 mratliff@flasllp.com 22 Lawrence J. Conlan (SBN: 221350) Attorneys for Defendant 23 David L. Cousineau (SBN: 298801) HERBL, INC. CAPPELLO & NOËL LLP 24 831 State Street 25 Santa Barbara, CA 93101 Tel: (805) 564-2444 Fax: (805) 965-5950 26 lconlan@cappellonoel.com dcousineau@cappellonoel.com 27 rlloyd@cappellonoel.com adickerson@cappellonoel.com 28 mduong@cappellonoel.com 7 DECLARATION OF CHRISTOPHER D. NISSEN IN SUPPORT OF CLAIMANT CENTRAL COAST AGRICULTURE, INC.’S APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT AND ORDER PERMITTING CREATION OF LIEN 1 mduong@cappellonoel.com jwarson@cappellonoel.com 2 3 Larry Russ Attorneys for Nabione, Inc. dba Nabis 4 Nathan D. Meyer Timothy M. Baumann 5 Russ August & Kabat 12424 Wilshire Boulevard, Suite 1200 6 Los Angeles, CA 90025 7 Tel: (310) 826-7474 Fax: (310) 826-6991 LRuss@raklaw.com 8 NMeyer@raklaw.com TBaumann@raklaw.com 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 DECLARATION OF CHRISTOPHER D. NISSEN IN SUPPORT OF CLAIMANT CENTRAL COAST AGRICULTURE, INC.’S APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT AND ORDER PERMITTING CREATION OF LIEN