Motion for Entry of Default in THE PEOPLE OF THE STATE OF CALIFORNIA VS GONZALEZ| Trellis.Law

On August 15, 2023 a Request,Application was filed involving a dispute between The People Of The State Of California, and Gonzalez , Octavio, for 07-CV Business Tort - Civil Unlimited in the District Court of Kern County.

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1 CYNTHIA J. ZIMMER, District Attorney
County of Kem
2
By: GREGORY J. KOHLER, (SBN 144063)
3 Deputy District Attorney
1215 Truxtun Avenue, 4 th Floor
4
Bakersfield, California 93301
5 (661) 868-2340 Fax (661) 868-2700
6
7 Attorneys for Plaintiff
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9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF KERN - METROPOLITAN DIVISION
11 *********
12 THE PEOPLE OF THE STATE OF CALIFORNIA, Case No.: BCV-23-102684 TMS
File No.: CF-5320
13
Plaintiff,
14 APPLICATION FOR DEFAULT
vs. JUDGMENT; MEMORANDUM OF
15 POINTS AND AUTHORITIES;
DECLARATIONS IN SUPPORT
16 OCTAVIO GONZALEZ, an individual; and
THEREOF
DOES 1 through 100, inclusive,
17
DATE: April 25, 2024
18 TIME: 8:30 a.m.
Defendants.
19 DEPT: T-2

20 Complaint Filed: August 15, 2023
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22 Plaintiff, the People of the State of California respectfully request, pursuant to Code of Civil
23 Procedure section 585(b), that this Application for Default Judgment be granted based on the failure of
24 Defendant, OCTAVIO GONZALEZ, to file an Answer or other responsive pleading in this matter,

25 resulting in the entry of a default against him.
26 This Application is based on the Memorandum of Points and Authorities contained herein, the
27 declarations of Lori Wilson, Gregory J. Kohler, Michael Brummett, and Raelynn Aguayo filed
28 concurrently herewith pursuant to Code of Civil Procedure section 585(d), and a Request for Judicial

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APPLICATION FOR DEFAULT JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES;
DECLARATIONS IN SUPPORT THEREOF
1 Notice of the pleadings, records, and papers on file in this action, the pleadings in the related unlawful
2 detainer action that are attached to the declaration of Gregory J. Kohler, and any argument or evidence
3 presented at the hearing.
4 Dated: April 15, 2024 Respectfully Submitted,

5 CYNTHIA J. ZIMMER
District Attorney
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By: .4 J k - -•
9 G~ ;r Kohler,
Deputy District Attorney
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APPLICATION FOR DEFAULT JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES;
DECLARATIONS IN SUPPORT THEREOF
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 L
3 CASE SUMMARY
4 As a defendant's default has the effect of "admitting the well-pleaded allegations of the
5 complaint" (Carlsen v. Koivumaki (2014) 227 Cal. App. 4th 879, 898), the following facts are taken from
6 Plaintiffs Complaint for Permanent Injunction, Civil Penalties, Restitution, and Other Equitable Relief
7 ("Complaint"), as well as the attached declarations.
8 From May 5, 2021 to November 27, 2023, defendant OCTAVIO GONZALEZ was the sole tenant
9 of real property located at 1031 Mt. Vernon Avenue, a commercial property in the unincorporated area
10 of Kern County (the Property), pursuant to a written lease agreement. During this timeframe, Defendant
11 operated an illegal commercial cannabis and psilocybin dispensary on the Property and engaged in illegal
12 commercial cannabis activity and the sale of illegal psilocybin mushrooms and psilocybin products on
13 the Property. Neither the Department of Cannabis Control nor its predecessor, the Bureau of Cannabis
14 Control, issued a license to defendant OCTAVI O GONZALEZ or any other individual or entity to engage
15 in commercial cannabis activity at the Property.
16 Warrants were served on Defendant's business by state enforcement authorities, his inventory of
17 cannabis, cannabis products, psilocybin mushrooms and products and cash seized, yet he continued to
18 engage in illegal commercial cannabis activity, and the sale of illegal psilocybin products. That was
19 brought to an end at the Property when Defendant was evicted by his landlord on November 27, 2023.
20 By allowing controlled substances to be unlawfully sold, served, stored, kept, manufactured, or given
21 away at the Property, defendant OCTAVIO GONZALEZ maintained the Property in violation of
22 California's Drug Abatement Law (Health and Safety Code sections 11570-11587), section 19.08.055 of
23 the Kern County Ordinance Code (KCOC), California Civil Code section 3479, and Bus. & Prof. Code,
24 § 26038(a) by "engaging in commercial cannabis activity without a license ... "
25 By maintaining the Property in repeated violation of applicable state and local laws and as a public
26 nuisance, defendant OCTAVIO GONZALEZ also demonstrated a pattern and practice of engaging in
27 unlawful business practices in violation of the Unfair Competition Law ("UCL") (California Business
28 and Professions Code sections 17200-17210.

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APPLICATION FOR DEFAULT JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES;
DECLARATIONS IN SUPPORT THEREOF
1 A. SUPPORTING DECLARATIONS - BRIEF SUMMARY AND COMMENTS
2 The declarations of KCDA investigators Aguayo and Brummett describe the illegal drug
3 operation they saw, each on a separate occasion, four months apart: schedule I controlled substances for
4 sale, specifically marijuana flower, cannabis products, psilocybin mushrooms and psilocybin products.
5 There are photographs attached to each declaration that leave no doubt as to Defendant's illegal practices.
6 While all the products shown in the photos are illegal, perhaps the most disturbing find was the cannabis
7 and psilocybin edibles dressed up like candy, something that could easily end up consumed by children
8 of patrons of the illegal drug shop that Defendant operated.
9 As reflected in the declaration of Gregory J. Kohler, on May 5, 2021, Defendant leased the
10 Property in his individual name with a dba of "Reggae Buddzz." Clever name. A name that obviously
11 speaks to the nature of the business the defendant ran, and which was the name found on the outside and
12 inside of the business next to signs of marijuana leaves. The declaration of Lori Wilson shows this is the
13 name Defendant used even before he signed the lease agreement, which shows his intent all along, from
14 the beginning to the end of his illegal drug shop.
15 II.

16 PROCEDURAL IDSTORY
17
18 The complaint was filed on August 15, 2023. The People personally served Defendant with the
19 Summons and Complaint on September 8, 2023. Defendant failed to file a response, and on October 16,
20 2023, the clerk of the Kem County Superior Court entered Defendant's default as requested by the
21 People.
22 The Complaint contains four causes of action: 1) Violation of the Drug Abatement Act (Health
23 and Safety Code sections 11570-11587); 2) Abatement of Public Nuisance Per Se; 3) Violation of
24 MAUCRSA Business and Professions Code Section 26000 et seq.); and 4) violation of the Unfair
25 Competition Law (Business and Professions Code Section 17200 et seq.) Because Defendant was evicted
26 by his landlord from the Property, the first and second counts are now moot. AB 1448, which became
27 effective on January 1, 2024, amended Bus. And Prof. Code section 2603 8, part of which removed the
28 District Attorney of standing to pursue a cause of action directly under that statute. The People do not

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APPLICATION FOR DEFAULT JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES;
DECLARATIONS IN SUPPORT THEREOF
1 believe that statute is retroactive, but nevertheless will only be seeking judgment as to the fourth cause
2 of action, for violation of the Unfair Competition Law, which provides for civil penalties.
3 III.
4 REQUEST FOR JUDICIAL NOTICE

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6 "Judicial notice may be taken of the following matters to the extent they are not embraced with

7 Section 451:
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9 (d) Records of ( 1) any court of this state ... "
10 The People respectfully request that the court take judicial notice of Kem County Superior Court
11 records relevant to this hearing, pursuant to Evidence Code section 452( d). In particular, the People
12 request that the court take judicial notice of the pleadings on file in this case, including but not limited
13 to: 1) the complaint and the allegations contained therein; 2) The Proof of Service of the Complaint, a
14 copy of which is attached to the Declaration ofRaelynn Aguayo as exhibit 6; and 3) the Request for entry
15 of default filed by Plaintiff.
16 In addition, the People request that the court take judicial notice of the documents attached to the
17 declaration of Gregory J. Kohler (Exhibits 2, 3a & 3b), which are from Kem County Superior Court case
18 no. BCL-23-014789, an unlawful detainer action filed by the owner of the Property against Defendant.
19 Exhibit 2 is the unlawful detainer complaint with exhibits; exhibit 3a is the Writ of Possession in that
20 matter and exhibit 3b is the Return on Writ of Possession.
21 I~
22 ARGUMENT

23
24 A. The Court may enter default judgment without notice and without the need for live

25 testimony.
26 When a defendant fails to file a responsive pleading within the time specified in the summons,
27 the Clerk, upon written application of the Plaintiff, shall enter the defendant's default. (Code of Civ. Proc.
28 § 585, subd. (b).) "The Plaintiff thereafter may apply to the court for the relief demanded in the complaint.

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APPLICATION FOR DEFAULT JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES;
DECLARATIONS IN SUPPORT THEREOF
1 The court shall hear the evidence offered by the plaintiff, and shall render judgment in the plaintiffs
2 favor for that relief, not exceeding the amount stated in the complaint . .. as appears by the evidence to
3 be just." (Ibid.) The Court may rule on the application based on affidavits; because Defendant was
4 personally served with the summons and complaint, live testimony is not required. (Cal. Civ. Proc. § 585,
5 subd. (d).)
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7 B. Defendant has admitted his liability under the Unfair Competition Law by defaulting.
8 Defendant's default "has the same effect as admitting the well-pleaded allegations of the
9 complaint." (Carlsen v. Koivumaki (2014) 227 Cal. App. 4th 879, 898.) "[I]fthe complaint properly states
10 a cause of action, the only additional proof required for the judgment is that needed to establish the
11 amount of damages." (Ibid.)
12 To adequately plead a public enforcement action under the "unlawful" prong of the Unfair
13 Competition Law, a complaint must allege (1) a business act or practice that (2) violates any law. (See
14 People v. McKale (1979) 25 Cal.3d 626, 632. This includes "any practices forbidden by law be it civil
15 or criminal, federal, state, or municipal, statutory, regulatory, or court-made." (Saunders v. Superior
16 Court (1994) 27 Cal.App.4th 832, 838-839.) A defendant can also be held liable under section 17200 for
17 aiding and abetting an unlawful business act or practice. (People v. Toomey (1984) 157 Cal.App.3d 1,
18 15; see also People v. Bestline Products, Inc. (1976) 61 Cal.App.3d 879, 918 ["anyone who knowingly
19 aids and abets fraud or furnishes the means for its accomplishment is liable equally with those who
20 actually make the misrepresentations"].) Unlike private actions under the UCL, law enforcement actions
21 do not require the allegation of an injury in fact or loss of money or property. (Bus. & Prof. Code, §
22 17204.) Fact-specific pleading is not required. (Quelimane v. Stewart Title Guaranty Co. (1998) 19
23 Cal.4th 26, 46.)
24 The pleading requirements are easily met here. Defendant's business "act or practice" was the
25 commercial sales of marijuana, cannabis products, psilocybin mushrooms and psilocybin products. As
26 set forth in paragraph 41 of the complaint, Defendant's conduct violated the following laws:
27 a. Health and Safety Code section 11570 to 11587 by permitting the unlawful sale, storage,
28 possession, manufacture, consumption or distribution of controlled substances at the

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APPLICATION FOR DEFAULT JUDGM ENT; MEMORANDUM OF POINTS AND AUTHORITIES;
DECLARATIONS IN SUPPORT THEREOF
1 Property [Cannabis and psilocybin are schedule I controlled substances. (See Health and

2 Safety Code section 11054(d)(l3)&(18)).]

3 b. Business and Professions Code section 26038 by engaging in commercial cannabis

4 activity without a license.

5 c. Health and Safety Code section 11366.5(a), which makes it a criminal offense to

6 knowingly rent, lease, or otherwise make the property available for the purpose of

7 unlawfully manufacturing, storing, or distributing a controlled substance.

8 d. Health and Safety Code section 11359 - Sale of cannabis.

9 e. Health and Safety Code section 11366- Maintain a place to sell controlled substances.

10 f. Health and Safety Code 11378 - Sale of controlled substance.

11 g. California Civil Code section 3479 and KCOC section 19.08.055 by maintaining a public

12 nuisance at the Property.

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14 C. Calculation of Civil Penalties under Bus. And Prof. Code 17206
15 The Court must assess a civil penalty for each violation of the Unfair Competition Law. (Bus. &
16 Prof. Code§ 17206, subd. (a) & (b ).) It is up to the Court to determine what constitutes a single violation.
17 (People ex rel. Kennedy v. Beaumont Inv. , Ltd. (2003) 111 Cal.App.4 th 102, 127 -28.)
18 The Court could take two different approaches to calculating the number of violations: (1) the
19 Court could treat each sale of the controlled substances Defendant sold as a separate violation, or (2) the
20 Court could treat each day that Defendant operated a dispensary on Defendant's Property as a separate
21 violation. While there is legal support for the former option, (see, e.g., People v. Beaumont Investment,
22 Ltd. (2003) 111 Cal. App.4 th 102, 129 [in case involving unlawful leases, trial court properly counted
23 each lease and each monthly rent payment as violation for penalty purposes]), and it would result in a
24 larger total number of violations, proving the number of sales over a two and a half year period would
25 require discovery, which is not possible given Defendant's default. Treating each day as a single
26 violation, on the other hand, would also be comparable to the metrics for calculating penalties used in
27 similar cases. (See, e.g., City & County ofSan Francisco v. Sainez (2000) 77 Cal.App.4th 1302 [imposing
28 $1,000 per day penalties for violations of Housing Code arising from failure to obtain proper permits].)

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APPLICATION FOR DEFAULT JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES;
DECLARATIONS IN SUPPORT THEREOF
1 The evidence shows that Defendant signed a lease for the Property on May 5, 2021, using the
2 name Reggae Buddz as the dba. Even before he signed the lease, Defendant registered "Reggae Buddzz"
3 with CDTFA. This is the name found on the inside and outside of the illegal drug shop at the Property.
4 Defendant was evicted on November 27, 2023. That is 937 days of violations.
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6 D. Defendant's conduct warrants the maximum penalty of $2,500 per day, for a total of
7 $2,342,500.
8 The Court is required to impose a penalty for each violation of the UCL, but the amount of the
9 penalty is not mandatory (although it is capped at $2,500 per penalty). Per Business & Professions Code
10 section 17206, [i]n assessing the amount of the civil penalty, the court shall consider any one or more of
11 the relevant circumstances presented by any of the parties to the case, including, but not limited to, the
12 following: the nature and seriousness of the misconduct, the number of violations, the persistence of the
13 misconduct, the length of time over which the misconduct occurred, the willfulness of the defendant's
14 misconduct, and the defendant's assets, liabilities and net worth." Further, "although the civil penalties
15 under the UCL. . . 'may have a punitive or deterrent aspect, their primary purpose is to secure obedience
16 to statutes and regulations imposed to assure important public policy objectives."' (Nationwide Biweekly
17 Admin., Inc. v. Superior Ct. (2020) 9 Cal.5 th 279,326 [quoting Kizer v. County of San Mateo (1991) 53
18 Cal.3d 139, 147-48].)
19 Here, the facts of the case warrant the maximum penalty. Defendant violated multiple laws, both
20 criminal and civil, and did so on a daily basis from May 5, 2021 through November 27, 2023, a total of
21 93 7 days. These violations were persistent and willful. State agency warrants accompanied by law
22 enforcement did nothing to deter Defendant. Court intervention was required in the form of an eviction
23 proceeding and subsequent order for lockout.
24 Defendant's assets, liabilities and net worth are unknown to the People. As Defendant's
25 default has prevented the People from conducting discovery into this area, the Court should not take
26 Defendant's financial circumstances into consideration.
27 II I
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APPLICATION FOR DEFAULT JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES;
DECLARATIONS IN SUPPORT THEREOF
1 ~

2 CONCLUSION
3 Defendant has shown total disregard for the laws of the state of California and the involvement
4 of state and county officials. Defendant's default is just the latest illustration of this disregard.
5 The People request that the Court send a message to Defendant by awarding $2,342,500 in

6 penalties.
7

8 Dated: April 15, 2024 Respectfully Submitted,

9 CYNTHIA J. ZIMMER
District Attorney
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Gre uJ.Kohler,
14 Deputy District Attorney
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APPLICATION FOR DEFAULT JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES;
DECLARATIONS IN SUPPORT THEREOF
CYNTHIA J. ZIMMER, District Attorney
County of Kern
2
By: GREGORY J. KOHLER, (SBN 144063)
3 Deputy District Attorney
1215 Truxtun Avenue, 4th Floor
4
Bakersfield, California 93301
5 (661) 868-2340 Fax (661) 868-2700
6
Attorneys for Plaintiff
7

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF KERN - METROPOLITAN DIVISION
10 *********
11 THE PEOPLE OF THE STATE OF CALIFORNIA, Case No.:
12 File No.: CF-5320
Plaintiff,
13
vs. DECLARATION OF LORI WILSON
14 IN SUPPORT OF THE PEOPLE'S
OCTAVIO GONZALEZ, an individual; and APPLICATION FOR DEFAULT
15
DOES 1 through 100, inclusive, JUDGMENT AND PERMANENT
16 INJUNCTION

17 Defendants.
18

19 I, LORI WILSON, declare as follows:

20 1. I have personal knowledge of the facts set forth in this declaration, and if called upon to

21 do so, I could testify competently to these facts.

22 2. I have been employed by the California Department of Tax and Fee Administration

23 (CDTFA) for 33 years. I am currently employed as a Business Taxes Specialist I in CDTFA's

24 Cannabis and Sales Suppression Section (CSSS) and am a lead investigator with CSSS. My
25 responsibilities include but are not limited to the administration of the California Sales and Use Tax

26 Law, investigating individuals and business entities required to be registered with CDTF A, and the

27 collection of sales arid use tax liabilities.

DECLARATION OF LORJ WILSON IN SUPPORT OF APPLICATION FOR DEFAULT JUDGMENT
AND PERMANENT INJUNCTION
3. I have received training in identifying if a cannabis business is properly licensed with

2 the California Department of Cannabis Control to sell cannabis in California. I have been present at
3 numerous CDTF A Civil till tap warrants throughout the state, including more than 20 till taps of
4 unlicensed cannabis businesses, the majority of which have been in Kern County. A civil till tap

5 warrant is created to enforce collection on an outstanding tax liability, which is owed whether the

6 business is licensed to sell cannabis or not. Attached to my declaration as exhibit "1 " is a true and
7 correct copy of the till tap warrant that was served on an unlicensed cannabis dispensary known as
8 Reggae Buddzz, located at 1031 Mt. Vernon Ave. in Bakersfield, CA. This warrant was issued for 5
9 services and was served on May 5, 2023, and September 25, 2023 by the California Highway Patrol. A

10 copy of the warrant is left at the business after each service.

11 4. Octavio Gonzalez self-registered this business with CDTFA on April 16, 2021 , listing

12 himself as Chief Executive Officer, Secretary, and Chief Financial Officer. CSSS found the entity to be
13 a cannabis business that was not licensed with the Department of Cannabis Control, operating in an
14 area where Kern County does not allow cannabis sales to be conducted. CSSS conducted an audit on

15 the business and determined additional sales tax was due on underreported sales.
16 I declare under penalty of perjury under the laws of the State of California that the foregoing is

17 true and correct.
18 Executed on February 14.,_ 2024, at Bakersfield, California.

20 Lor .I M • w·11son •/
DigitallysignedbyloriM. Wilson
Date: 2024.02.14 16:16:18 -08'00'

21 LORJ WILSON

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DECLARATION OF LORI WILSON IN SUPPORT OF APPLICATION FOR DEFAULT JUDGMENT
AND PERMANENT INJUNCTION
STATE OF CALIFORNIA
CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION

WARRANT FOR COLLECTION OF AMOUNTS DUE
SALES AND USE TAX LAW, PART 1, DIVISION 2; PART 1.5, DIVISION 2; PART 1.6,
DIVISION 2 OR PART 3, DIVISION 2, REVENUE AND TAXATION CODE

In the Matter of Tax Liability of:
REGGAE BUDDZZ
OCTAVIO GONZALEZ, CHIEF EXECUTIVE OFFICER, SECRETARY, CHIEF FINANCIAL OFFICER
DOING BUSINESS AS: REGGAE BUDDZZ

THIRD PARTY CLAIMS or CLAIMS OF EXEMPTION
should be referred to:

To the CALIFORNIA HIGHWAY PATROL CDTFA CANNABIS AND SALES SUPPRESSION SECTION
1521 W. CAMERON AVENUE, SUITE 300
WEST COVINA, CA 91790-2738
TEL 1-626-480-7200
FAX 1-626-480-7260

WHEREAS, there is now due and unpaid to the State of California amounts required to be paid for the period
April 16, 2021 through September 30, 2022 by the above named, hereinafter referred to as taxpayer(s), said amounts consisting of:

Tax: $ 251,648.00
Interest: 20,408.73
Penalties: 25,164.75
Costs/Fees: 4,000.00

Total: $301,221.48
Additional interest of $1,677.65 accrues each month or fraction thereof after May 31, 2023.

YOU ARE, THEREFORE, DIRECTED TO satisfy the said amounts of tax, interest, penalties, accrued interest, prior costs, if any,
and costs of collection, in lawful money of the United States out of the property of the above-named taxpayer(s), make notice by
mail of any levy pursuant to this writ of execution, and make return of this writ pursuant to Code of Civil Procedure (CCP) section
699.560, with what you have done endorsed hereon.

After the levy has been made, a copy of this warrant shall be mailed by the levying officer to the tax debtor at the address below
unless a copy has been served at the time of the levy:

REGGAE BUDDZZ
DOING BUSINESS AS: REGGAE BUDDZZ
1031 MOUNT VERNON AVE
BAKERSFIELD CA 93306-5119

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION

Dated: May 5, 2023
By
Account No.: 212-649792 NARCISO DELACUESTA, Authorized Representative

Warrant No.: 4838624
CDTFA-425-CD (S1F) REV. 23 (7-17)
EXHIBITl pp
WARRANT FOR COLLECTION
OF TAX, INTEREST AND
PENALTIES DUE
THE
STATE OF CALIFORNIA
FROM

REGGAE BUDDZZ
OCTAVIO GONZALEZ, CHIEF EXECUTIVE OFFICER, SECRETARY, CHIEF FINANCIAL OFFICER
DOING BUSINESS AS: REGGAE BUDDZZ

NOTICE TO THE TAXPAYER DEBTOR

You may be entitled to file a claim exempting
your property from execution . You may seek
the advice of an attorney or may, within 10 days This form may not be used for levy and
from the date your property was levied upon , sale of a dwelling house as defined in
deliver an affidavit to the levying officer seeking section 701 .540 of the Code of Civil
to exempt such property, as provided in section Procedure.
688.030 of the Code of Civil Procedure.

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION
P.O. BOX 942879
SACRAMENTO, CALIFORNIA 94279-0055
CDTFA-425-CD (S2B) REV. 23 (7-17)
STATE OF CALIFORNIA
CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION

INSTRUCTIONS FOR LEVY OF
WARRANT FOR COLLECTION OF AMOUNTS DUE
SALES AND USE TAX LAW, PART 1, DIVISION 2; PART 1.5, DIVISION 2; PART 1.6,
DIVISION 2 OR PART 3, DIVISION 2, REVENUE AND TAXATION CODE

In the Matter of Tax Liability of:
REGGAE BUDDZZ
OCTAVIO GONZALEZ, CHIEF EXECUTIVE OFFICER, SECRETARY, CHIEF FINANCIAL OFFICER
DOING BUSINESS AS: REGGAE BUDDZZ

To the CALIFORNIA HIGHWAY PATROL

YOU ARE HEREBY INSTRUCTED to levy, by virtue of the accompanying warrant, on the following described property of the
person above named to satisfy the tax , interest, penalties and prior costs specified in said warrant and costs in the above-
entitled matter, to wit:

PERFORM UP TO FIVE (5) TILL TAPS AT DIFFERENT TIMES AND/OR DAYS BY LEVYING UPON THE
CONTENTS OF ALL CASH REGISTERS, DRAWERS, BOXES, BAGS, SAFES, AUTOMATED TELLER MACHINES,
AND ANY OTHER RECEPTACLES CONTAINING CASH OR CASH EQUIVALENTS AT THE TAXPAYER'S
BUSINESS LOCATED AT 1031 MOUNT VERNON AVENUE, BAKERSFIELD, CA 93306-5119. THIS WILL NOT
INCLUDE U.S. COINS.

BUSINESS HOURS: MONDAY -SUNDAY, 9:00 A.M. TO 11:00 P.M.

PREFERRED HOURS OF SERVICE: TUESDAY-SATURDAY, 10:00 A.M. TO 8:00 P.M.

PRIOR TO SERVICE, PLEASE CONTACT WARREN KLOMP, JR., BUSINESS TAXES ADMINISTRATOR Ill, AT
TELEPHONE #1-818-384-0764, OR RUBEN FLORES, BUSINESS TAXES SPECIALIST II, AT TELEPHONE #1-626-
347-6536, REGARDING THE TIMES/DAYS OF EACH TILL TAP AND TO ARRANGE FOR A TAX AGENCY
REPRESENTATIVE TO BE PRESENT AT THE TIME OF SERVICE. THESE AGENCY CONTACTS WILL ALSO
ASSIST IN PROVIDING A LOCKSMITH , IF NEEDED.

PLEASE SUBMIT ALL INQUIRIES AND REMITTANCE TO: CALIFORNIA DEPARTMENT OF
TAX AND FEE ADM INISTRATION
CERRITOS OFFICE
12750 CENTER COURT DRIVE SOUTH SUITE 400
CERRITOS, CA 90703-8594
ATTENTION: HAYDEE AFOS/CSSS
TEL 1-818-543-4915

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION

Dated: May 5, 2023
By
Account No.: 212-649792 NARCISO DELACUESTA, • Authorized Representative

Warrant No. : 4838624 pp

CDTFA-425-CD (S1F) REV. 23 (7-17)
INSTRUCTIONS FOR LEVY OF
WARRANT FOR COLLECTION
OF TAX, INTEREST AND
PENALTIES DUE
THE
STATE OF CALIFORNIA
FROM

REGGAE BUDDZZ
OCTAVIO GONZALEZ, CHIEF EXECUTIVE OFFICER, SECRETARY, CHIEF FINANCIAL OFFICER
DOING BUSINESS AS: REGGAE BUDDZZ

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION
P.O. BOX 942879
SACRAMENTO, CALIFORNIA 94279-0055

CDTFA-425-CD (S2B) REV. 23 (7-17)
1 CYNTHIA J. ZIMMER, District Attorney
County of Kern
2
By: GREGORY J. KOHLER, (SBN 144063)
3 Deputy District Attorney
1215 Truxtun Avenue, 4 th Floor
4
Bakersfield, California 93301
5 (661) 868-2340 Fax (661) 868-2700
6
Attorneys for Plaintiff
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF KERN - METROPOLITAN DIVISION
10 *********
11 THE PEOPLE OF THE STATE OF CALIFORNIA, Case No.: BCV-23-102684
12 File No.: CF-5320
Plaintiff,
13
vs. DECLARATION OF GREGORY J.
14 KOHLER IN SUPPORT OF
15 OCTAVIO GONZALEZ, an individual; and THE PEOPLE'S APPLICATION
DOES 1 through 100, inclusive, FOR DEFAULT JUDGMENT
16
17
Defendants.
18 Complaint Filed: August 15, 2023

19 DECLARATION OF GREGORY J. KOHLER
20 I, GREGORY J. KOHLER, declare as follows:
21 1. I have personal knowledge of the facts set forth in this declaration, and if called upon to
22 do so, I could testify competently to these facts .
23 2. I am employed by the Kern County District Attorney's Office as a deputy district attorney
24 and am assigned to prosecute this matter on behalf of the People of the State of California. I was admitted
25 to the California Bar on December 11, 1989, and have been an active member ever since.
26 3. I am familiar with all aspects of this case and also aware of the related unlawful detainer
27 case (BCL-23-014789) that was filed by Marco Regalado, the property owner of 1031 Mt. Vernon Ave.
28 in Bakersfield, against defendant Octavio Gonzalez as the tenant. Attached to this declaration as Exhibit

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DECLARATION OF GREGORY J. KOHLER IN SUPPORT OF THE PEOPLE'S
APPLICATION FOR DEFAULT JUDGMENT
1 "2" is a true and correct copy of the unlawful detainer complaint our office obtained from the court in
2 BCL-23-014789; one of the exhibits to the unlawful detainer complaint (UD ex. 3) is a copy of the lease
3 agreement showing the lease start date of May 1, 2021 , and Octavio Gonzalez dba Reggae Buddzz
4 signing the lease as the tenant on May 5, 2021.
5 4. Attached to this declaration as Exhibit "3a" is a true and correct copy of the Writ of
6 Possession our office obtained from the court in BCL-23-014789, which shows the Writ was issued on
7 October 6, 2023. Attached to this declaration as Exhibit "3b" is a true and correct copy of the Return on
8 Writ of Possession our office obtained from the court in BCL-23-014789, showing possession was
9 restored to Marco Regalado on November 27, 2023.
10 I declare under penalty of perjury under the laws of the State of California that the foregoing is
11 true and correct.
12 Executed on April J.,2024, at Bakersfield, California.
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"a J,KOHLER

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-2-
DECLARATION OF GREGORY J. KOHLER IN SUPPORT OF THE PEOPLE'S
APPLICATION FOR DEFAULT JUDGMENT
Lawyaw Package ID: 632c3f72-2740-44bd-af75-6d664e5601 a8

UD-100
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY
NAME: Marco Regalado Bakersfield Paralegal 661-873-4423 LDA#186 Exp: 5/27/2025
FIRM NAME: 1412 17th Street, Suite 347 Bksfd, CA 93301 Kern County
STREET ADDRESS: 5704 River Birch Dr
c Irv: Bakersfield STATE: Ca 2IP coDE: 93306
TELEPHONE NO.: 661-619-8150 FAX NO.:
EMAIL ADDRESS:
ATTORNEY FOR (romo): In Pro Per
ELECTRONICALLY FILED
SUPERIOR COURT OF CALIFORNIA, COUNTY OF Kern 8/9/2023 11: 13 AM
STREET ADDRESS: 1215 Truxtun Ave Kern County Superior Court
MAILING ADDRESS: 1215 Truxtun Ave By Sydney Cardenas, Deputy
cITY AND ZIP coDE: Bakersfield 93301
BRANCH NAME: Metropolitan Division Justice Building

PLAINTIFF: Marco Regalado
DEFENDANT: Octavio Gonzalez
0 DOES 1 TO 10
CASE NUMBER:
COMPLAINT-UNLAWFUL DETAINER*
Gl] COMPLAINT CJ AMENDED COMPLAINT (Amendment Number): BCL-23-014789

Jurisdiction (check all that apply):
0 ACTION IS A LIMITED CIVIL CASE
Amount demanded 0 does not exceed $10,000.
D exceeds $10,000 but does not exceed $25,000.
c:J ACTiON IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $25,000)
D ACTION 15 RECLASSIFIED by this amended complaint or cross-complaint (check all that apply):
D from unlawful detainer to general unlimited civil (possession not in issue). CJ from limited to unlimited.
D from unlawful detainer to general limited civil (possession not in issue). CJ from unlimited to limited.

1. PLAINTIFF (name each):
Marco Regalado

alleges causes of action against DEFENDANT (name each):
Octavio Gonzalez

2. a. Plaintiff is (1) 0 an individual over the age of 18 years. (4) D a partnership.
(2) D a public agency. (5) CJ a corporation.
(3) D other (specify):
b. c:J Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify):

3. a. The venue is the court named above because defendant named above is in possession of the premises located at (street
address, apt. no., city, zip code and county):
1031 Mount Vernon Ave., Bakersfield, CA 93306 County of Kern.

b. The premises in 3a are (check one)
(1) D within the city limits of (name of city) :
(2) 0 within the unincorporated area of (name of county): Kern
c. The premises in 3a were constructed in (approximate year) :

4. Plaintiffs interest in the premises is 0 as owner D other (specify) :
5. The true names and capacities of defendants sued as Does are unknown to plaintiff.

* NOTE: Do not use this form for evictions after sale (Code Civ. Proc.,§ 1161a}.
Page 1 of4
Civil COdc. § 1940 cl seq:.
Form Ap~roved for Optional Use
Judicial Council of Galifomia
COMPLAINT-UNLAWFUL DETAINER Code of Civil F'roccdurc. §§ 425.12, 1166

EXHIBIT 2
UD-100 (Rev. September 1, 20201 v.~w,. courts.ca.gov
Lawyaw Package ID: 632c3f72-2740-44bd-af75-6d664e5601 a8

UD-100
PLAINTIFF: Marco Regalado CASE NUM5ER:

DEFENDANT: Octavio Gonzalez and DOES 1 TO 10 BCL-23-014789
6. a. On or about (date): 05/05/2021
defendant (name each):
Octavio Gonzalez

(1) agreed to rent the premises as a 0 month-to-month tenancy D other tenancy (specify):
(2) agreed to pay rent of $ 3,000.00 payable 0 monthly D other (specify frequency):
(3) agreed to pay rent on the 0 first of the month D other day (specify):
b. This [;LI written D oral agreement was made with
(1) 0 plaintiff. (3) D plaintiffs predecessor in interest.
(2) D plaintiffs agent. (4) D Other (specify):
c. 0 The defendants not named in item 6a are
(1) @ subtenants.
(2) D assignees.
(3) D Other (specify):
d. D The agreement was later changed as follows (specify):

e. 0 A copy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached
and labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. Proc. , § 1166.)
f. D (For residential property) A copy of the written agreement is not attached because (specify reason):
(1) CJ the written agreement is not in the possession of the landlord or the landlord's employees or agents.
(2) D this action is solely for nonpayment of rent (Code Civ. Proc., § 1161 (2)).
7. The tenancy described in 6 (complete (a) or (b)}
a. I±] is not subject to the Tenant Protection Act of 2019 (Civil Code, § 1946.2). The specific subpart supporting why tenancy
is exempt is (specify): Commercial Property Lease .
b. D is subject to the Tenant Protection Act of 2019.
8. (Complete only if item 7b is checked. Check all applicable boxes.)
a. 0 The tenancy was terminated for at-fault just cause (Civil Code,§ 1946.2(b)(1)).
b. CJ The tenancy was terminated for no-fault just cause (Civil Code, § 1946.2(b)(2)) and the plaintiff (check one)
(1) CJ waived the payment of rent for the final month of the tenancy, before the rent came due, under
section 1946.2(d)(2), in the amount of S
(2) CJ provided a direct payment of one month's rent under section 1946.2(d)(3), equaling $
to (name each defendant and amount given to each}:

c. D Because defendant failed to vacate, plaintiff is seeking to recover the total amount in 8b as damages in this action.

9. a. 0 Defendant (name each):
Octavio Gonzalez

was served the following notice on the same date and in the same manner:

(1) I±] 3-day notice to pay rent or quit (5) CJ 3-day notice to perform covenants or quit
(2) D 30-day notice to quit (not applicable if item 7b checked)
(3) D 60-day notice to quit
(6) D 3-day notice to quit under Civil Code,§ 1946.2(c)
Prior required notice to perform covenants served (date) :
(4) D 3-day notice to quit
(7) CJ Other (specify):

UD-100 [Rev. September 1, 2020) Page 2 of 4
COMPLAINT-UNLAWFUL DETAINER
Lawyaw 1-'acKage IIJ: 632c3t72-2740-44bd-at75-6d664e5601 a8

UD-100
PLAINTIFF: Marco Regalado CASE NUMBER:

DEFENDANT: Octavio Gonzalez and DOES 1 TO 10 BCL-23-014789
9. b. (1) On (date): 07/28/2023 the period stated in the notice checked in 9a expired at the end of the day.
(2) Defendants failed to comply with the requirements of the notice by that date.
c. All facts stated in the notice are true.
d. CJ The notice included an election of forfeiture.
e. 0 A copy of the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc., § 1166.
When Civil Code, § 1946.2(c), applies and two notices are required, provide copies of both.)
f. D One or more defendants were served (1) with the prior required notice under Civil Code, § 1946.2(c), (2) with a different

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Request,Application: THE PEOPLE OF THE STATE OF CALIFORNIA VS GONZALEZ

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