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Electronically Filed
JOSEPH M. SWEENEY, ESQ. (78363) 2/19/2021 9:29 AM
M. JONATHAN ROBB, JR., ESQ. (290457) Superior Court of California
SWEENEY MASON LLP County of Stanislaus
983 University Avenue, Suite 104C Clerk of the Court
Los Gatos, CA 95032-7637 By: Mouang Saechao, Deputy
Telephone: (408) 356-3000
Facsimile: (408) 354-8839
Jsweeney@smwb.com
jrobb@smwb.com
Attorneys for Plaintiff, NINE ISLANDS I, LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS
10 NINE ISLANDS I, LLC., a California limited CASE NO. CV-20-004050
11 liability company,
SUPPLEMENTAL DECLARATION OF
12 Plaintiff, JOSEPH B. VIEIRA IN SUPPORT OF
PLAINTIFF’S JOINT APPLICATIONS
13 Vv. FOR RIGHT TO ATTACH ORDER AND
WRIT OF ATTACHMENT
14 SUPERCUTS, INC., a State of Delaware
15 Corporation, SUPERCUTS CORPORATE Date: February 23, 2021
SHOPS, INC., a State of Delaware Time: 8:30 a.m.
16 Corporation, MOXIE MANAGEMENT, Dept. 24
REGIS CORPORATION, a Minnesota
17 corporation, and DOES 1-50,
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Defendants.
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20 I, JOSEPH B. VIEIRA, hereby declare as follows:
21 1 The statements below are of my own personal knowledge and if called upon to
22 testify thereto, I could and would competently do so. I make this declaration in support of
23 Plaintiff's Applications for a Right to Attach Order and Writ of Attachment.
24 2. On or about January 25, 2021, I observed persons within the Supercuts store at
25 Countryside Plaza Shopping Center that is the subject of the above-captioned lawsuit (“Store”). I
26 specifically observed persons within the Store who appeared to be employees cutting the hair of
27 persons who appeared to be clients.
28 3 Nine Islands employees and vendors are on site at Countryside Plaza Shopping
DECL. OF JOE VIEIRA. ISO PLAINTIFF'S APPLICATIONS FOR RIGHT TO ATTACH ORDER & WRIT OF ATTACHMENT
Center on a nearly daily basis to perform routine activities such as cleaning and maintenance of
common areas. I am informed and believe that Nine Islands I, LLC and its employees and vendors
have observed persons within the Store cutting the hair of others frequently and on nearly every day
between January 25, 2021 and the date of this declaration.
4 Attached hereto as Exhibit “J” is a true and correct copy ofa photograph of the front
door of the Store taken on or about February 3, 2021 by Arnaldo Martins, and texted to me,
reflecting what appears to be hours of operation of the Store.
5 Based upon the above-described observations, the Store appears to be open for
business.
10 I declare under penalty of perjury under the laws of the State of California that the foregoing
11 is true and correct. Executed this /g- day of February, 2021, in Los Gates . California.
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DECL. OF JOE VIEIRA. ISO PLAINTIFF'S APPLICATIONS FOR RIGHT TO ATTACH ORDER & WRIT OF ATTACHMEN’
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DECL. OF JOE VIEIRA. ISO PLAINTIFF'S APPLICATIONS FOR RIGHT TO ATTACH ORDER & WRIT OF ATTACHMENT
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DECL. OF JOE VIEIRA. ISO PLAINTIFF'S APPLICATIONS FOR RIGHT TO ATTACH ORDER & WRIT OF ATTACHMENT
CASE NAME: Nine Islands I, LLC v. Supercuts, Inc., et al.
STANISLAUS CO. SUPERIOR COURT CASE No. CV-20-004050
PROOF OF SERVICE
I declare that I am employed in the County of Santa Clara, State of California. I am over
the age of eighteen years and not a party to the within cause; my business address is 983
University Avenue, Suite 104C, Los Gatos, California, 95032. Upon this day, I served the
within: SUPPLEMENTAL DECLARATION OF JOSEPH B. VIEIRA IN SUPPORT OF
PLAINTIFF’S JOINT APPLICATIONS FOR RIGHT TO ATTACH ORDER AND
WRIT OF ATTACHMENT on the following interested parties in said cause:
Attorney for Defendants
10 Joseph H. Boyd
Attorney at Law
11 17351 4S Ranch Parkway
San Diego, CA 92127
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jhboydlaw@gmail.com
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14 & BY OVERNIGHT MAIL/COURIER -- CCP §§ 1013(c), 2015.5: By placing a true copy
thereof enclosed in a sealed envelope(s), addressed as above, and placing each for collection by overnight mail
15 service or overnight courier service. I am readily familiar with my firm's business practice of collection and
processing of correspondence for overnight mail or overnight courier service, and any correspondence placed for
16 collection for overnight delivery would, in the ordinary course of business, be delivered to an authorized courier or
driver authorized by the overnight mail carrier to receive documents, with delivery fees paid or provided for, that
17 same day, for delivery on the following business day.
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] BY EMAIL OR ELECTRONIC TRANSMISSION -- CCP §§ 1010.6, 1013(e), 2015.5, CRC 2008:
19 Based on a court order or an agreement of the parties to accept service by email or electronic transmission, I caused the
documents to be sent to the persons at the email addresses or at the facsimile numbers listed above. I did not receive, within a
reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I am.
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readily familiar with my firm’s business practice of processing and transmitting documents by email or electronic
transmission(s) and any such documents would be transmitted in the ordinary course of business.
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22 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
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24 Dated: February 19, 2021 [sf Carov L. Mueller
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PROOF OF SERVICE
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Electronically Filed JOSEPH M. SWEENEY, ESQ. (78363) 2/19/2021 9:29 AM M. JONATHAN ROBB, JR., ESQ. (290457) Superior Court of California SWEENEY MASON LLP County of Stanislaus 983 University Avenue, Suite 104C Clerk of the Court Los Gatos, CA 95032-7637 By: Mouang Saechao, Deputy Telephone: (408) 356-3000 Facsimile: (408) 354-8839 Jsweeney@smwb.com jrobb@smwb.com Attorneys for Plaintiff, NINE ISLANDS I, LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS 10 NINE ISLANDS I, LLC., a California limited CASE NO. CV-20-004050 11 liability company, SUPPLEMENTAL DECLARATION OF 12 Plaintiff, JOSEPH B. VIEIRA IN SUPPORT OF PLAINTIFF’S JOINT APPLICATIONS 13 Vv. FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT 14 SUPERCUTS, INC., a State of Delaware 15 Corporation, SUPERCUTS CORPORATE Date: February 23, 2021 SHOPS, INC., a State of Delaware Time: 8:30 a.m. 16 Corporation, MOXIE MANAGEMENT, Dept. 24 REGIS CORPORATION, a Minnesota 17 corporation, and DOES 1-50, 18 Defendants. 19 20 I, JOSEPH B. VIEIRA, hereby declare as follows: 21 1 The statements below are of my own personal knowledge and if called upon to 22 testify thereto, I could and would competently do so. I make this declaration in support of 23 Plaintiff's Applications for a Right to Attach Order and Writ of Attachment. 24 2. On or about January 25, 2021, I observed persons within the Supercuts store at 25 Countryside Plaza Shopping Center that is the subject of the above-captioned lawsuit (“Store”). I 26 specifically observed persons within the Store who appeared to be employees cutting the hair of 27 persons who appeared to be clients. 28 3 Nine Islands employees and vendors are on site at Countryside Plaza Shopping DECL. OF JOE VIEIRA. ISO PLAINTIFF'S APPLICATIONS FOR RIGHT TO ATTACH ORDER & WRIT OF ATTACHMENT Center on a nearly daily basis to perform routine activities such as cleaning and maintenance of common areas. I am informed and believe that Nine Islands I, LLC and its employees and vendors have observed persons within the Store cutting the hair of others frequently and on nearly every day between January 25, 2021 and the date of this declaration. 4 Attached hereto as Exhibit “J” is a true and correct copy ofa photograph of the front door of the Store taken on or about February 3, 2021 by Arnaldo Martins, and texted to me, reflecting what appears to be hours of operation of the Store. 5 Based upon the above-described observations, the Store appears to be open for business. 10 I declare under penalty of perjury under the laws of the State of California that the foregoing 11 is true and correct. Executed this /g- day of February, 2021, in Los Gates . California. 12 Lock (7 tolwced 13 SEPH B. VIEIRA 14 15 16 17 18 19 20 221 22 2 2. 3 24 25 26 27 28 DECL. OF JOE VIEIRA. ISO PLAINTIFF'S APPLICATIONS FOR RIGHT TO ATTACH ORDER & WRIT OF ATTACHMEN’ 10 11 12 13 14 15 16 17 18 19 20 21 2) 23 EXHIBIT “J” 24 25 26 27 28 DECL. OF JOE VIEIRA. ISO PLAINTIFF'S APPLICATIONS FOR RIGHT TO ATTACH ORDER & WRIT OF ATTACHMENT Sy 10 Ts @UI RY MURA) 11 Safety First! 12 TEMPORARY HOURS Te MON.SA] are Rey 13 Sty 200A) 1-6-00P\4 Corts 14 SUNDAY *OOAM.5 OOP 15 16 17 18 19 20 21 22 23 24 25 26 NY 27 28 DECL. OF JOE VIEIRA. ISO PLAINTIFF'S APPLICATIONS FOR RIGHT TO ATTACH ORDER & WRIT OF ATTACHMENT CASE NAME: Nine Islands I, LLC v. Supercuts, Inc., et al. STANISLAUS CO. SUPERIOR COURT CASE No. CV-20-004050 PROOF OF SERVICE I declare that I am employed in the County of Santa Clara, State of California. I am over the age of eighteen years and not a party to the within cause; my business address is 983 University Avenue, Suite 104C, Los Gatos, California, 95032. Upon this day, I served the within: SUPPLEMENTAL DECLARATION OF JOSEPH B. VIEIRA IN SUPPORT OF PLAINTIFF’S JOINT APPLICATIONS FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT on the following interested parties in said cause: Attorney for Defendants 10 Joseph H. Boyd Attorney at Law 11 17351 4S Ranch Parkway San Diego, CA 92127 12 jhboydlaw@gmail.com 13 14 & BY OVERNIGHT MAIL/COURIER -- CCP §§ 1013(c), 2015.5: By placing a true copy thereof enclosed in a sealed envelope(s), addressed as above, and placing each for collection by overnight mail 15 service or overnight courier service. I am readily familiar with my firm's business practice of collection and processing of correspondence for overnight mail or overnight courier service, and any correspondence placed for 16 collection for overnight delivery would, in the ordinary course of business, be delivered to an authorized courier or driver authorized by the overnight mail carrier to receive documents, with delivery fees paid or provided for, that 17 same day, for delivery on the following business day. 18 ] BY EMAIL OR ELECTRONIC TRANSMISSION -- CCP §§ 1010.6, 1013(e), 2015.5, CRC 2008: 19 Based on a court order or an agreement of the parties to accept service by email or electronic transmission, I caused the documents to be sent to the persons at the email addresses or at the facsimile numbers listed above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. I am. 20 readily familiar with my firm’s business practice of processing and transmitting documents by email or electronic transmission(s) and any such documents would be transmitted in the ordinary course of business. 21 22 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 23 24 Dated: February 19, 2021 [sf Carov L. Mueller 25 26 27 28 PROOF OF SERVICE