On March 11, 2024 a
2024 0327 Decl. of Jami Audelo
was filed
involving a dispute between
Contrarian Investors Fund, Llc,
and
Patoka, Kathrina,
for 42: Unlimited Other Complaint (Not Spec)
in the District Court of Sonoma County.
Preview
1 BUCHALTER
A Professional Corporation
2 JEFFREY S. FRASIER (SBN: 136801)
LUCAS A. DAVIDSON (SBN: 295894)
3 805 SW Broadway
Suite 1500
4 Portland, Oregon 97205
Telephone: 503.226.1191
5 Fax: 503.226.0079
Email: jfrasier@buchalter.com
6
Attorneys for Plaintiff
7 CONTRARIAN INVESTORS FUND, LLC
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SONOMA, CIVIL AND FAMILY LAW COURTHOUSE
11 CONTRARIAN INVESTORS FUND, LLC, Case No. 24CV01706
12 Plaintiff,
DECLARATION OF JAMI AUDELO IN
13 vs. SUPPORT OF PLAINTIFF’S EX PARTE
14 APPLICATION FOR:
KATHRINA PATOKA and DOES 1 through 10, (1) TEMPORARY RESTRAINING
inclusive ORDER, AND
15 (2) ORDER TO SHOW CAUSE WHY
Defendants. PRELIMINARY INJUNCTION
16 SHOULD NOT BE GRANTED.
17 Date: March 28, 2024
Time: 10:30 a.m.
18 Dept.: 18
19 DECLARATION OF JAMI AUDELO
20
I, Jami Audelo, declare as follows:
21 1. I am making this Declaration based upon my personal knowledge and state
22
affirmatively that if called as a witness, I can testify competently to the facts set forth herein. I am
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over 18 years of age.
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2. At all times referenced herein, I was employed as the Office Manager and Secretary
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26 of Contrarian Investors Fund, LLC (“Contrarian”).
27 3. I am familiar with the operations of Contrarian and have personal knowledge of
28 Contrarian’s filing systems and records.
BUCHALTER
A P R O F E S S I ON A L C OR P OR A T I O N 1
DECLARATION OF JAMI AUDELO
I R VIN E
1 4. On or about February 16, 2024, two individuals (“Individuals”) claiming to
2 represent Kathrina Patoka arrived at the Contrarian office unannounced.
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5. One of the Individuals, Joseph Soldis, was armed with a gun and announced he was
4
with the Sonoma County Sheriff’s Office.
5
6. Soldis advised me that I was to hand over all of Contrarian’s files and records to
6
7 him or I would be arrested.
8 7. The Individuals advised me that they would copy the files and return them to the
9 Contrarian office.
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8. Under the threat of arrest and intimidation, I turned over the files and records over
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to the Individuals. The files that were turned over included the original signed Contrarian Operating
12
Agreement.
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9. After this incident, I discovered that Soldis misrepresented his affiliation with the
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15 Sonoma County Sheriff’s Office and that he is actually a private investigator.
16 10. The Individuals have never returned the files despite their promise to do so.
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[Entire exhibit redacted]
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26 BN 81501522v1
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BUCHALTER
A P R O F E S S I ON A L C OR P OR A T I O N 2
DECLARATION OF JAMI AUDELO
I R VIN E
1 PROOF OF SERVICE
Contrarian Investors Fund, LLC v. PATOKA
2 Sonoma County Superior Court – Case No. 24CV01706
3 I am employed in the County of Orange, State of California. I am over the age of 18 and
4 not a party to the within action. My business address is at BUCHALTER, A Professional
5 Corporation, 18400 Von Karman Avenue, Suite 800, Irvine, CA 92612-0514.
6 On the date set forth below, I served the foregoing document described as:
DECLARATION OF JAMI AUDELO IN SUPPORT OF PLAINTIFF’S EX PARTE
7
APPLICATION FOR: (1) TEMPORARY RESTRAINING ORDER, AND
8 (2) ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT
BE GRANTED
9
on all other parties and/or their attorney(s) of record to this action by ☐ faxing and/or
10 ☐ placing a true copy thereof in a sealed envelope as follows:
Kathrina Patoka Defendant
11
105 Penngrove Ave
Penngrove CA 94951 Telephone: 214-686-0877 (potential number)
12 Email: Kmpatoka@sbcglobal.net
13
14
BY MAIL I am readily familiar with the business’ practice for collection and
15 processing of correspondence for mailing with the United States Postal Service. The address(es)
shown above is(are) the same as shown on the envelope. The envelope was placed for deposit in
16 the United States Postal Service at Buchalter in Irvine, California on March 27, 2024. The
envelope was sealed and placed for collection and mailing with first-class prepaid postage on
17 this date following ordinary business practices.
18 BY PERSONAL DELIVERY On March 27, 2024, I placed the above-referenced
envelope or package in a box or location regularly maintained at my office for our
19 messenger/courier service or I delivered the envelope or package to a courier or driver
authorized by our messenger/courier service to receive documents. The package was placed in a
20 sealed envelope or package designated by our messenger/courier service with delivery fees paid
or provided for, addressed to the person(s) on whom it is to be personally served at the
21 address(es) shown above as last given by that person on any document filed in the cause. The
messenger/courier service was provided with instructions that the envelope or package be
22 personally served on the addressee(s) by same day delivery (C.C.P. §1011).
23 BY EMAIL On March 27, 2024, I caused the above-referenced document(s) to be sent
in electronic PDF format as an attachment to an email addressed to the person(s) on whom such
24 document(s) is/are to be served at the email address(es) shown above, as last given by that
person(s) or as obtained from an internet website(s) relating to such person(s), and I did not
25 receive an email response upon sending such email indicating that such email was not delivered.
26 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct to the best of my knowledge. Executed on March 27, 2024, at
27 Irvine, California.
28
BUCHALTER
A P R O F E S S I ON A L C OR P OR A T I O N
PROOF OF SERVICE
I R VIN E
BN 81654720v1
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I declare that I am employed in the office of a member of the bar of this court at whose
2 direction the service was made. Executed on March 27, 2024, at Irvine, California.
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Tammy Adams - tadams@buchalter.com
5 (Signature)
BN 81654720v1
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BUCHALTER
A P R O F E S S I ON A L C OR P OR A T I O N 2
PROOF OF SERVICE
I R VIN E
BN 81654720v1
Document Filed Date
March 27, 2024
Case Filing Date
March 11, 2024
Category
42: Unlimited Other Complaint (Not Spec)
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1 BUCHALTER A Professional Corporation 2 JEFFREY S. FRASIER (SBN: 136801) LUCAS A. DAVIDSON (SBN: 295894) 3 805 SW Broadway Suite 1500 4 Portland, Oregon 97205 Telephone: 503.226.1191 5 Fax: 503.226.0079 Email: jfrasier@buchalter.com 6 Attorneys for Plaintiff 7 CONTRARIAN INVESTORS FUND, LLC 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SONOMA, CIVIL AND FAMILY LAW COURTHOUSE 11 CONTRARIAN INVESTORS FUND, LLC, Case No. 24CV01706 12 Plaintiff, DECLARATION OF JAMI AUDELO IN 13 vs. SUPPORT OF PLAINTIFF’S EX PARTE 14 APPLICATION FOR: KATHRINA PATOKA and DOES 1 through 10, (1) TEMPORARY RESTRAINING inclusive ORDER, AND 15 (2) ORDER TO SHOW CAUSE WHY Defendants. PRELIMINARY INJUNCTION 16 SHOULD NOT BE GRANTED. 17 Date: March 28, 2024 Time: 10:30 a.m. 18 Dept.: 18 19 DECLARATION OF JAMI AUDELO 20 I, Jami Audelo, declare as follows: 21 1. I am making this Declaration based upon my personal knowledge and state 22 affirmatively that if called as a witness, I can testify competently to the facts set forth herein. I am 23 over 18 years of age. 24 2. At all times referenced herein, I was employed as the Office Manager and Secretary 25 26 of Contrarian Investors Fund, LLC (“Contrarian”). 27 3. I am familiar with the operations of Contrarian and have personal knowledge of 28 Contrarian’s filing systems and records. BUCHALTER A P R O F E S S I ON A L C OR P OR A T I O N 1 DECLARATION OF JAMI AUDELO I R VIN E 1 4. On or about February 16, 2024, two individuals (“Individuals”) claiming to 2 represent Kathrina Patoka arrived at the Contrarian office unannounced. 3 5. One of the Individuals, Joseph Soldis, was armed with a gun and announced he was 4 with the Sonoma County Sheriff’s Office. 5 6. Soldis advised me that I was to hand over all of Contrarian’s files and records to 6 7 him or I would be arrested. 8 7. The Individuals advised me that they would copy the files and return them to the 9 Contrarian office. 10 8. Under the threat of arrest and intimidation, I turned over the files and records over 11 to the Individuals. The files that were turned over included the original signed Contrarian Operating 12 Agreement. 13 9. After this incident, I discovered that Soldis misrepresented his affiliation with the 14 15 Sonoma County Sheriff’s Office and that he is actually a private investigator. 16 10. The Individuals have never returned the files despite their promise to do so. 17 [Entire exhibit redacted] 18 19 20 21 22 23 24 25 26 BN 81501522v1 27 28 BUCHALTER A P R O F E S S I ON A L C OR P OR A T I O N 2 DECLARATION OF JAMI AUDELO I R VIN E 1 PROOF OF SERVICE Contrarian Investors Fund, LLC v. PATOKA 2 Sonoma County Superior Court – Case No. 24CV01706 3 I am employed in the County of Orange, State of California. I am over the age of 18 and 4 not a party to the within action. My business address is at BUCHALTER, A Professional 5 Corporation, 18400 Von Karman Avenue, Suite 800, Irvine, CA 92612-0514. 6 On the date set forth below, I served the foregoing document described as: DECLARATION OF JAMI AUDELO IN SUPPORT OF PLAINTIFF’S EX PARTE 7 APPLICATION FOR: (1) TEMPORARY RESTRAINING ORDER, AND 8 (2) ORDER TO SHOW CAUSE WHY PRELIMINARY INJUNCTION SHOULD NOT BE GRANTED 9 on all other parties and/or their attorney(s) of record to this action by ☐ faxing and/or 10 ☐ placing a true copy thereof in a sealed envelope as follows: Kathrina Patoka Defendant 11 105 Penngrove Ave Penngrove CA 94951 Telephone: 214-686-0877 (potential number) 12 Email: Kmpatoka@sbcglobal.net 13 14 BY MAIL I am readily familiar with the business’ practice for collection and 15 processing of correspondence for mailing with the United States Postal Service. The address(es) shown above is(are) the same as shown on the envelope. The envelope was placed for deposit in 16 the United States Postal Service at Buchalter in Irvine, California on March 27, 2024. The envelope was sealed and placed for collection and mailing with first-class prepaid postage on 17 this date following ordinary business practices. 18 BY PERSONAL DELIVERY On March 27, 2024, I placed the above-referenced envelope or package in a box or location regularly maintained at my office for our 19 messenger/courier service or I delivered the envelope or package to a courier or driver authorized by our messenger/courier service to receive documents. The package was placed in a 20 sealed envelope or package designated by our messenger/courier service with delivery fees paid or provided for, addressed to the person(s) on whom it is to be personally served at the 21 address(es) shown above as last given by that person on any document filed in the cause. The messenger/courier service was provided with instructions that the envelope or package be 22 personally served on the addressee(s) by same day delivery (C.C.P. §1011). 23 BY EMAIL On March 27, 2024, I caused the above-referenced document(s) to be sent in electronic PDF format as an attachment to an email addressed to the person(s) on whom such 24 document(s) is/are to be served at the email address(es) shown above, as last given by that person(s) or as obtained from an internet website(s) relating to such person(s), and I did not 25 receive an email response upon sending such email indicating that such email was not delivered. 26 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best of my knowledge. Executed on March 27, 2024, at 27 Irvine, California. 28 BUCHALTER A P R O F E S S I ON A L C OR P OR A T I O N PROOF OF SERVICE I R VIN E BN 81654720v1 1 I declare that I am employed in the office of a member of the bar of this court at whose 2 direction the service was made. Executed on March 27, 2024, at Irvine, California. 3 4 Tammy Adams - tadams@buchalter.com 5 (Signature) BN 81654720v1 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BUCHALTER A P R O F E S S I ON A L C OR P OR A T I O N 2 PROOF OF SERVICE I R VIN E BN 81654720v1