Preview
Electronically Filed
JOSEPH M. SWEENEY, ESQ. (78363) 4/8/2021 3:06 PM
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
liability company,
11
AMENDED DECLARATION OF M.
12 Plaintiff, JONATHAN ROBB, JR. IN SUPPORT OF
PLAINTIFF’S APPLICATIONS FOR
13 Vv. RIGHT TO ATTACH ORDER AND WRIT
OF ATTACHMENT
14 SUPERCUTS, INC., a State of Delaware
15 Corporation, SUPERCUTS CORPORATE
SHOPS, INC., a State of Delaware
16 Corporation, MOXIE MANAGEMENT,
REGIS CORPORATION, a Minnesota Hearing: April 27, 2021
17 corporation, and DOES 1-50, Time: 8:30 a.m.
Dept. 24
18 Defendants.
19
20 I, M. Jonathan Robb, Jr., hereby declare as follows:
21 1 I am an associate attorney at the law firm of Sweeney Mason LLP, counsel of record
22 for Plaintiff NINE ISLANDS I, LLC in the above-captioned action. The statements below are of
23 my own personal knowledge and if called upon to testify thereto, I could and would competently do
24 so. I make this declaration in support of Plaintiff's Applications for Right to Attach Order and Writ
25 of Attachment.
26 2 Attached hereto as Exhibit “F” is a true and correct copy of the Answer filed by the
27 Defendants in this action, as I located on the Court’s online docket.
28 3 Attached hereto as Exhibit “G” is a true and accurate copy of an email dated
AMENDED DECL. OF M. JON ROBB, JR. ISO PLAINTIFF’S APPLICATIONS FOR RIGHT TO ATTACH ORDER & WRIT OF
ATTACHMENT
November 3, 2020 that I sent to Kimberly Kneier on behalf of Moxie Management, Supercuts, Inc.,
and Supercuts Corporate Shops, Inc.
4 Attached hereto as Exhibit “H” is a true and accurate copy of an email dated
November 16, 2020 that I sent to Kimberly Kneier on behalf of Moxie Management, Supercuts,
Inc., and Supercuts Corporate Shops, Inc.
5 Attached hereto as Exhibit “I” is a true and accurate copy of an email dated
December 4, 2020 that I received from Kimberly Kneier on behalf of Moxie Management,
Supercuts, Inc., and Supercuts Corporate Shops, Inc.
6. Attached hereto as Exhibit “I” is a true and accurate copy of an email dated
10 December 4, 2020 that I received from Kimberly Kneier on behalf of Moxie Management,
11 Supercuts, Inc., and Supercuts Corporate Shops, Inc.
12 7. Attached hereto as Exhibit “J” is a true and accurate copy of an email exchange
13 between myself of and counsel of record for Defendants.
14 8 As of March 12, 2021, my law firm had incurred at least $23,198.50 in attorneys’
15 fees and $1,542.60 in costs in this matter, totaling $24,741.10.
16 I declare under the penalty of perjury under the laws of the State of California that the
17 foregoing is true and correct. Executed this 8" day of April, 2021 in Los Gatos, California.
18
19
20
21
22
23
24
25
26
27
28
AMENDED DECL. OF M. JON ROBB, JR. ISO PLAINTIFF'S APPLICATIONS FOR RIGHT TO ATTACH ORDER & WRIT OF
ATTACHMENT
croton _ EXHIBIT F
PLD-C-010
[ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE: 559-492-8557 FOR COURT
USE ONLY
Joseph Boyd (#240219)
17351 4S Ranch Parkway Electronically Filed
San Diego, CA 92127
11/16/2020 1:34 PM
JATTORNEY FOR (NAME): Defendants
Superior Court of California
County of Stanislaus
insert name of court, judicial district or branch court, if any, and post office and street
address: Clerk of the Court
Stanislaus County Superior Court By: Sabrina Bouldt, Deputy
BOG-H4te-Street 801 10TH STREET
Modesto, CA 95354
$435 PAID
PLAINTIFF: Nine Islands I, LLC
DEFENDANT: Supercuts, Inc., et al.
ANSWER—Contract ‘CASE NUMBER:
x] TO COMPLAINT OF (name): Nine Islands |, LLC CV-20-004050
[__] TO CROSS-COMPLAINT (name):
1 This pleading, including attachments and exhibits, consists of the following number of pages: 5
2. DEFENDANT (name): See Attachment 2
answers the complaint or cross-complaint as follows:
Check ONLY ONE of the next two boxes:
a. [[<] Defendant generally denies each statement of the complaint or cross-complaint. (Do not check this box if the
verified complaint or cross-complaint demands more than $1,000.)
b. [_] Defendant admits that all of the statements of the complaint or cross-complaint are true EXCEPT:
a) Defendant claims the following statements are false (use paragraph numbers or explain):
(] Continued on Attachment 3.b.(1).
(2) Defendant has no information or belief that the following statements are true, so defendant denies them (use
paragraph numbers or explain):
[] Continued on Attachment 3.b.(2).
H this form is used to answera cross-complain, plain means cross-complainant and defendant means cross-defendant
Page 1 of2
Form Approved for Optional Use Code of Givi Procedure, §425.12
Judicial Council of Caltfornia ANSWER—Contract wwrw.courts.ca gov
PLO-C-010 [Rev. January 1, 2007]
nan nA EEE rh RT OE nen
he tonne iat inmaenenstnsunenansnsnrttnitem
PLD-C-010
‘SHORT TITLE: CASE NUMBER:
Nine Islands |, LLC v. Supercuts, Inc. et al. CV-20-004050
ANSWER—Contract
4. [D¢] AFFIRMATIVE DEFENSES Defendant alleges the following additional reasons that plaintiff is not entitled to recover
anything:
[G2] Continued on Attachment 4.
5. [__] Other
6. DEFENDANT PRAYS
a. that plaintiff take nothing.
b. [3] for costs of suit.
¢. [2] Other (specify):
Attorney fees
Statutory penalties
Any other and further available relief the court considers proper
Joseph Boyd
(Type or print name) ‘{Signatite of attorney)
PLDC -O70 (Rev. January 1, 2007) ANSWER—Contract Page 2of2
_exsreveorasonszemetst ene DA NSRP SDSS NEETU PEON IAN Nem
ATTACHMENT 2
DEFENDANTS
The Answer to which this Attachment 2 is attached is filed on behalf of the following
|
defendants:
Supercuts, Inc., a Delaware corporation;
Supercuts Corporate Shops, Inc., a Delaware corporation;
10 Moxie Management Group, LLC, a Delaware limited liability company; and
11 Regis Corporation, a Minnesota corporation.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
ATTACHMENT 2. DEFENDANTS.
CRN
PSR OSLER ITSO NON sane me se seenconnsnnenncees nT reams
ATTACHMENT 4
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
(Failure of Consideration)
At the time of the incident alleged in the Complaint, Plaintiff failed to deliver thd
performance that served as consideration for the alleged agreements.
10 SECOND AFFIRMATIVE DEFENSE
11 (Failure of Conditions)
12 At the time of the incident alleged in the Complaint, certain conditions have failed, which]
13 bar Plaintiff from the recovery sought in the Complaint.
14
15 THIRD AFFIRMATIVE DEFENSE
16 (Bad Faith)
17 At the time of the incident alleged in the Complaint, Plaintiff acted in bad faith towards
18 Defendants and should thus be barred from recovery.
19
20 FOURTH AFFIRMATIVE DEFENSE
21 (Comparative Fault)
22 At the time of the incident alleged in the Complaint, Plaintiff failed to exercise reasonable
23 or ordinary care, caution, prudence for its own safety such that the injuries or damages allegedl:
24 sustained by Plaintiff, if any such exist, were proximately caused or contributed to by the fault off
25 Plaintiff.
26
27
28
ATTACHMENT4: AFFIRMATIVE DEFENSES.
_nateatenioa bane ate rpm es of SSNS Ec SESS UHReS RR SORE PSC tree RAE Ne
FIFTH AFFIRMATIVE DEFENSE
(Estoppel)
Defendants allege that Plaintiff is barred by the doctrine of estoppel from bringing thig
action.
SIXTH AFFIRMATIVE DEFENSE
(Laches)
Each and every of Plaintiff's claims is barred by the doctrine of laches.
SEVENTH AFFIRMATIVE DEFENSE
10 (Failure to Mitigate)
11 Plaintiff is barred from full recovery of damages, if any such exist, by virtue of the fact]
12 that Plaintiff failed to mitigate its damages. In the alternative, if it is determined that Plaintiff did
13 indeed suffer damages due to Defendants’ actions, such damages must be reduced by the amount
14 by which Plaintiff was required to mitigate according to law.
15
16 EIGHTH AFFIRMATIVE DEFENSE
17 (Modification of Contract)
18 Plaintiff should be denied recovery on all causes of action in that the parties modified the
19 alleged agreements defined in the Complaint to the effect that Defendants never breached said|
20 alleged agreements.
21
22 NINTH AFFIRMATIVE DEFENSE
23 (Plaintiff's Breach)
24 Plaintiff should be denied any recovery under the Complaint by virtue of the fact that
25 Plaintiff has refused, and continues to refuse, to perform its obligations under the alleged
26 agreements defined in the Complaint.
27
28
2
ATTACHMENT4: AFFIRMATIVE DEFENSES
|
orn temte mo en EAE RO CHR OME ZEA
ES NS aR EN LEIS ee ee sens sceneries ne
TENTH AFFIRMATIVE DEFENSE
(Setoff)
Defendants allege that they are entitled to set-off any monetary judgment rendered against
them in this action against those sums owing by Plaintiff to Defendants.
ELEVENTH AFFIRMATIVE DEFENSE
(Uncertainty)
The Complaint contains fatal uncertainties, including, but not limited to, the fact that it ig
9 impossible to determine from the Complaint which of the alleged acts of Defendants caused the
10 injuries alleged in the complaint.
al
12 TWELTH AFFIRMATIVE DEFENSE
13 (Unclean Hands)
14 Plaintiff has not come to court with clean hands as to all causes of action in the
15 Complaint. As a result, Plaintiff is not entitled to the relief requested in the Complaint.
16
17 THIRTEENTH AFFIRMATIVE DEFENSE
18 (No Damage to Plaintiff)
19 Plaintiff is not entitled to any recovery by virtue of the fact that it has not suffered an
20 damage from actions taken by Defendants, but rather Plaintiff has caused his own damage.
21
22 FOURTEENTH AFFIRMATIVE DEFENSE
23 (Waiver)
24 Plaintiff is barred from any recovery under the Complaint in that Plaintiff has waived its
25 rights to maintain any and all causes of actions in set forth in the Complaint.
2s |
27
28
ATTACHMENT 4: AFFIRMATIVE DEFENSES
_soeeamanesamnemnecomsemachntshteans
se saree one ames censa anette re nisntnamunci secant anette
FIFTEENTH AFFIRMATIVE DEFENSE
(Discharge of Obligations)
Plaintiff is barred from any recovery under the Complaint in that Defendants have full
performed all duties and obligations under all alleged agreements and contracts described in th¢
Complaint, and thus have been discharged from any further obligations allegedly owed to
| Plaintiff.
SIXTEENTH AFFIRMATIVE DEFENSE
|
(Lack of Consideration)
10 As to each and every cause of action allegedly set forth in the Complaint, Plaintiff is
11 barred from any recovery against Defendants by reason that certain purported agreements, if any.
12 were not supported by consideration.
13
14 SEVENTEENTH AFFIRMATIVE DEFENSE
15 (Violation of Protective Orders)
16 By pursuing this action, Plaintiff has violated state, county, and city protective orders
17 issued in response to the COVId-19 pandemic.
18
19
20 EIGHTEENTH AFFIRMATIVE DEFENSE
21 (Reservation of Additional Affirmative Defenses)
22 Defendants, without limitation, reserve their rights to assert and plead any additionall
23 affirmative defenses to the Complaint that may become apparent as facts concerning the mattey
24 arise and are uncovered.
25
26
27
28
4
ATTACHMENT4: AFFIRMATIVE DEFENSES.
ss shooter SC SRR SSSROAL ESPRESSO ORI M
EA ESPON eae annem on
setae
EXHIBIT G_
.
oe
Jonathan Robb
From: Jonathan Robb
Sent: Tuesday, November 3, 2020 2:01 PM
To: Kimberly Kneier
Ce: Joe Sweeney; Joseph H. Boyd; Michael Stajer
Subject: Nine Islands v. Supercuts
Kimberly,
This email is not protected by as a settlement communication or privilege and is meant to be discoverable. Please
advise:
1. To whom | should direct further communications pertaining the lawsuit; and
2. Whether, and if so when, Supercuts and its subtenants intend to abandon the subject premises. If Supercuts
advises of a date when it and its subtenants will abandon, Nine Islands will attempt to re-let the premises after
that date.
Thank you.
Best,
Jon
-
M. Jonathan Robb, Jr., Esq.
Sweeney Mason LLP
983 University Ave., Ste. 104C
Los Gatos, CA 95032
Telephone: (408) 356-3000
Fax: (408) 354-8839
jrobb@smwb.com
www.sweeneymason.com
cesses meena et eaten nen pnt en ee ae a
ee
Jonathan Robb SS
From: Jonathan Robb
Sent: Monday, November 16, 2020 9:04 AM
To: Kimberly Kneier
Ce: Joe Sweeney; Joseph H. Boyd; Michael Stajer; Karishma Borkar
Subject: RE: Nine Islands v. Supercuts
Kimberly,
We would appreciate the courtesy of a response to the below. Multiple defendants are overdue on their response to
the complaint, and we intend to take their defaults.
Thank you.
Jon
~
M. Jonathan Robb, Jr., Esq.
Sweeney Mason LLP
983 University Ave., Ste. 104C
Los Gatos, CA 95032
Telephone: (408) 356-3000
Fax: (408) 354-8839
jrobb@smwb.com
www.sweeneymason.com
From: Jonathan Robb
Sent: Tuesday, November 3, 2020 2:01 PM
To: Kimberly Kneier
Cc: Joe Sweeney ; Joseph H. Boyd ; Michael Stajer
Subject: Nine Islands v. Supercuts
Kimberly,
This email is not protected by as a settlement communication or privilege and is meant to be discoverable. Please
advise:
1 To whom I should direct further communications pertaining the lawsuit; and
2 Whether, and if so when, Supercuts and its subtenants intend to abandon the subject premises. If Supercuts
advises ofa date when it and its subtenants will abandon, Nine Islands will attempt to re-let the premises after
that date.
Thank you.
Best,
‘eonenn ranean nsec onnoemnet ai ra NAc TeRAR IN ea werent smneeinaniventns sone pe
Jon
~
M. Jonathan Robb, Jr., Esq.
Sweeney Mason LLP
983 University Ave., Ste. 104C
Los Gatos, CA 95032
Telephone: (408) 356-3000
Fax: (408) 354-8839
jrobb@smwb.com
Wwww.sweeneymason.com
vascnannonazatn emer neat eM cere cnmnnctotend
inn manent sermons anessonnsenscensnnsnennn mine rin sentence
_EABIBIT
Jonathan Robb
From: Kimberly Kneier
Sent: Friday, December 4, 2020 2:02 PM
To: Kimberly Kneier
Subject: Your Supercuts Location & Regional Stay at Home Order
As you are aware, yesterday, California Health Officials announced a Regional Stay at Home Order which takes
effect tomorrow. This was triggered by ICU Capacity and effects regions with less than 15% ICU availability.
Moxie Management Group believes that 78 of their Supercuts could be affected by this Order this
weekend. Unfortunately, your location(s) is among those. We are sending this email in a proactive effort to
make you aware that we could possibly be closing again.
Thank you for your patience and for helping us through this difficult climate.
Feel free to reach out to me directly for anything. I'm happy to help. Otherwise, we will stay in touch as we
know more.
Thank you again and please stay safe.
~ Kimberly
&l
center
in nannnrrecnnatennnensinseecacnimatn tintin entre cintntannnn a
EXHIBIT J
Jonathan Robb
From: Joseph H. Boyd
Sent: Tuesday, March 2, 2021 12:35 PM
To: Jonathan Robb
Ce: Joe Sweeney
Subject: Re: Supercuts
Yes. All clients have voluntarily surrendered the premises.
On Tue, Mar 2, 2021 at 11:47 AM Jonathan Robb wrote:
| Joey,
i
I’m confused by which client and which defendant — Moxie? Supercuts? Supercuts Corporate? Regis? Has there been
|1 any assignment? Is someone else moving in?
It seems by all outward appearances that Supercuts has voluntarily surrendered. If we are wrong, we need to know
|| that. Please confirm the premises has been voluntarily surrendered.
i
Nine Islands intends to do a walk-through if the premises has been voluntarily surrendered.
Thank you.
Jon
~
M. Jonathan Robb, Jr., Esq.
Sweeney Mason LLP
983 University Ave., Ste. 104C
Los Gatos, CA 95032
sen pone nen a
Telephone: (408) 356-3000
Fax: (408) 354-8839
jrobb@smwb.com
www.sweeneymason.com
From: Joseph H. Boyd
Sent: Tuesday, March 2, 2021 11:34 AM
To: Jonathan Robb
Cc: Joe Sweeney
Subject: Re: Supercuts
Jonathan,
The keys to the premises have been available to the landlord since Friday. My clients are simply requesting a final walk-
through so as to make sure that there are no further complications with the condition of the premises.
If your client does not wish to do a walk-through, my clients will move forward on the presumption that the premises
were turned over in a satisfactory condition and will request the return or proper application of their security deposit
as per the terms of the lease.
Joey
b On Tue, Mar 2, 2021 at 11:10 AM Jonathan Robb wrote:
| Joey,
i
We cannot move forward until we understand what’s going on. Please confirm that Supercuts, Moxie, and all
defendants are voluntarily surrendering possession of the premises.
Thank you.
Jon
-
M. Jonathan Robb, Jr., Esq.
Sweeney Mason LLP
983 University Ave., Ste. 104C
Los Gatos, CA 95032
Telephone: (408) 356-3000
Fax: (408) 354-8839
jrobb@smwb.com
www.sweeneymason.com
From: Joseph H. Boyd
Sent: Tuesday, March 2, 2021 9:40 AM
To: Jonathan Robb
Subject: Supercuts
Jonathan,
penne a a wo ee
I've been informed that the property manager would like your permission before doing a final walk-through with
Supercuts. Would you please contact the property manager and give them the go-ahead so that they can move
forward?
Thank you.
Joey Boyd
~-
Joseph Boyd
Attorney at Law
17351 4S Ranch Parkway
San Diego, CA 92127
Phone: 559-492-8557
Facsimile: 559-354-6693
The information contained in this message is confidential information (and may be attorney privileged) intended only for the use of the individual or entity named
above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination or distribution of this communication to anyone
other than the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify us by e-mail and return the
original message to us. Thank you.
REQUIRED DISCLOSURE PURSUANT TO U.S. DEPARTMENT OF TREASURY CIRCULAR 231 : In order to comply with requirements imposed by the Internal Revenue
Service, we inform you that any U.S. tax advice contained in this communication (including any attachments and enclosures) is not intended to be used, and
cannot be used, referred to or relied upan, for the purpose of (i) avoiding tax-related penalties under the internal Revenue Code or (ii) promoting, marketing, or
recommending to another party any tax-related transaction or matter addressed in this communication, including any attachments and enclosures
-
Joseph Boyd
Attorney at Law
17351 4S Ranch Parkway
San Diego, CA 92127
Phone: 559-492-8557
Facsimile: 559-354-6693
ane orearsvennariat
cureentanci si abitomnmcinatnienmerems tare ee ows pn sence
The information contained in this message is confidential information (and may be attorney privileged) intended only for the use of the individual or entity named
above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination or distribution of this communication to anyone
other than the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify us by e-mail and return the
original message to us. Thank you.
REQUIRED DISCLOSURE PURSUANT TO U.S. DEPARTMENT OF TREASURY CIRCULAR 230: In order to comply with requirements imposed by the Internal Revenue
Service, we inform you that any U.S. tax advice contained in this communication (including any attachments and enclosures) is not intended to be used, and cannot
be used, referred to or relied upon, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing, or
recommending to another party any tax-related transaction or matter addressed in this communication, including any attachments and enclosures
Joseph Boyd
Attorney at Law
17351 4S Ranch Parkway
San Diego, CA 92127
Phone: 559-492-8557
Facsimile: 559-354-6693
The information contained in this message is confidential information (and may be attorney privileged) intended only for the use of the individual or entity named
above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination or distribution of this communication to anyone
other than the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify us by e-mail and return the
original message to us. Thank you.
REQUIRED DISCLOSURE PURSUANT TO U.S. DEPARTMENT OF TREASURY CIRCULAR 230: In order to comply with requirements imposed by the Internal Revenue
Service, we inform you that any U.S. tax advice contained in this communication (including any attachments and enclosures) is not intended to be used, and cannot
be used, referred to or relied upon, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing, or
recommending to another party any tax-related transaction or matter addressed in this communication, including any attachments and enclosures
rvaitremctnaowamacaee ws oe sone
Preview
Electronically Filed JOSEPH M. SWEENEY, ESQ. (78363) 4/8/2021 3:06 PM 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 liability company, 11 AMENDED DECLARATION OF M. 12 Plaintiff, JONATHAN ROBB, JR. IN SUPPORT OF PLAINTIFF’S APPLICATIONS FOR 13 Vv. RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT 14 SUPERCUTS, INC., a State of Delaware 15 Corporation, SUPERCUTS CORPORATE SHOPS, INC., a State of Delaware 16 Corporation, MOXIE MANAGEMENT, REGIS CORPORATION, a Minnesota Hearing: April 27, 2021 17 corporation, and DOES 1-50, Time: 8:30 a.m. Dept. 24 18 Defendants. 19 20 I, M. Jonathan Robb, Jr., hereby declare as follows: 21 1 I am an associate attorney at the law firm of Sweeney Mason LLP, counsel of record 22 for Plaintiff NINE ISLANDS I, LLC in the above-captioned action. The statements below are of 23 my own personal knowledge and if called upon to testify thereto, I could and would competently do 24 so. I make this declaration in support of Plaintiff's Applications for Right to Attach Order and Writ 25 of Attachment. 26 2 Attached hereto as Exhibit “F” is a true and correct copy of the Answer filed by the 27 Defendants in this action, as I located on the Court’s online docket. 28 3 Attached hereto as Exhibit “G” is a true and accurate copy of an email dated AMENDED DECL. OF M. JON ROBB, JR. ISO PLAINTIFF’S APPLICATIONS FOR RIGHT TO ATTACH ORDER & WRIT OF ATTACHMENT November 3, 2020 that I sent to Kimberly Kneier on behalf of Moxie Management, Supercuts, Inc., and Supercuts Corporate Shops, Inc. 4 Attached hereto as Exhibit “H” is a true and accurate copy of an email dated November 16, 2020 that I sent to Kimberly Kneier on behalf of Moxie Management, Supercuts, Inc., and Supercuts Corporate Shops, Inc. 5 Attached hereto as Exhibit “I” is a true and accurate copy of an email dated December 4, 2020 that I received from Kimberly Kneier on behalf of Moxie Management, Supercuts, Inc., and Supercuts Corporate Shops, Inc. 6. Attached hereto as Exhibit “I” is a true and accurate copy of an email dated 10 December 4, 2020 that I received from Kimberly Kneier on behalf of Moxie Management, 11 Supercuts, Inc., and Supercuts Corporate Shops, Inc. 12 7. Attached hereto as Exhibit “J” is a true and accurate copy of an email exchange 13 between myself of and counsel of record for Defendants. 14 8 As of March 12, 2021, my law firm had incurred at least $23,198.50 in attorneys’ 15 fees and $1,542.60 in costs in this matter, totaling $24,741.10. 16 I declare under the penalty of perjury under the laws of the State of California that the 17 foregoing is true and correct. Executed this 8" day of April, 2021 in Los Gatos, California. 18 19 20 21 22 23 24 25 26 27 28 AMENDED DECL. OF M. JON ROBB, JR. ISO PLAINTIFF'S APPLICATIONS FOR RIGHT TO ATTACH ORDER & WRIT OF ATTACHMENT croton _ EXHIBIT F PLD-C-010 [ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE: 559-492-8557 FOR COURT USE ONLY Joseph Boyd (#240219) 17351 4S Ranch Parkway Electronically Filed San Diego, CA 92127 11/16/2020 1:34 PM JATTORNEY FOR (NAME): Defendants Superior Court of California County of Stanislaus insert name of court, judicial district or branch court, if any, and post office and street address: Clerk of the Court Stanislaus County Superior Court By: Sabrina Bouldt, Deputy BOG-H4te-Street 801 10TH STREET Modesto, CA 95354 $435 PAID PLAINTIFF: Nine Islands I, LLC DEFENDANT: Supercuts, Inc., et al. ANSWER—Contract ‘CASE NUMBER: x] TO COMPLAINT OF (name): Nine Islands |, LLC CV-20-004050 [__] TO CROSS-COMPLAINT (name): 1 This pleading, including attachments and exhibits, consists of the following number of pages: 5 2. DEFENDANT (name): See Attachment 2 answers the complaint or cross-complaint as follows: Check ONLY ONE of the next two boxes: a. [[<] Defendant generally denies each statement of the complaint or cross-complaint. (Do not check this box if the verified complaint or cross-complaint demands more than $1,000.) b. [_] Defendant admits that all of the statements of the complaint or cross-complaint are true EXCEPT: a) Defendant claims the following statements are false (use paragraph numbers or explain): (] Continued on Attachment 3.b.(1). (2) Defendant has no information or belief that the following statements are true, so defendant denies them (use paragraph numbers or explain): [] Continued on Attachment 3.b.(2). H this form is used to answera cross-complain, plain means cross-complainant and defendant means cross-defendant Page 1 of2 Form Approved for Optional Use Code of Givi Procedure, §425.12 Judicial Council of Caltfornia ANSWER—Contract wwrw.courts.ca gov PLO-C-010 [Rev. January 1, 2007] nan nA EEE rh RT OE nen he tonne iat inmaenenstnsunenansnsnrttnitem PLD-C-010 ‘SHORT TITLE: CASE NUMBER: Nine Islands |, LLC v. Supercuts, Inc. et al. CV-20-004050 ANSWER—Contract 4. [D¢] AFFIRMATIVE DEFENSES Defendant alleges the following additional reasons that plaintiff is not entitled to recover anything: [G2] Continued on Attachment 4. 5. [__] Other 6. DEFENDANT PRAYS a. that plaintiff take nothing. b. [3] for costs of suit. ¢. [2] Other (specify): Attorney fees Statutory penalties Any other and further available relief the court considers proper Joseph Boyd (Type or print name) ‘{Signatite of attorney) PLDC -O70 (Rev. January 1, 2007) ANSWER—Contract Page 2of2 _exsreveorasonszemetst ene DA NSRP SDSS NEETU PEON IAN Nem ATTACHMENT 2 DEFENDANTS The Answer to which this Attachment 2 is attached is filed on behalf of the following | defendants: Supercuts, Inc., a Delaware corporation; Supercuts Corporate Shops, Inc., a Delaware corporation; 10 Moxie Management Group, LLC, a Delaware limited liability company; and 11 Regis Corporation, a Minnesota corporation. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ATTACHMENT 2. DEFENDANTS. CRN PSR OSLER ITSO NON sane me se seenconnsnnenncees nT reams ATTACHMENT 4 AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE (Failure of Consideration) At the time of the incident alleged in the Complaint, Plaintiff failed to deliver thd performance that served as consideration for the alleged agreements. 10 SECOND AFFIRMATIVE DEFENSE 11 (Failure of Conditions) 12 At the time of the incident alleged in the Complaint, certain conditions have failed, which] 13 bar Plaintiff from the recovery sought in the Complaint. 14 15 THIRD AFFIRMATIVE DEFENSE 16 (Bad Faith) 17 At the time of the incident alleged in the Complaint, Plaintiff acted in bad faith towards 18 Defendants and should thus be barred from recovery. 19 20 FOURTH AFFIRMATIVE DEFENSE 21 (Comparative Fault) 22 At the time of the incident alleged in the Complaint, Plaintiff failed to exercise reasonable 23 or ordinary care, caution, prudence for its own safety such that the injuries or damages allegedl: 24 sustained by Plaintiff, if any such exist, were proximately caused or contributed to by the fault off 25 Plaintiff. 26 27 28 ATTACHMENT4: AFFIRMATIVE DEFENSES. _nateatenioa bane ate rpm es of SSNS Ec SESS UHReS RR SORE PSC tree RAE Ne FIFTH AFFIRMATIVE DEFENSE (Estoppel) Defendants allege that Plaintiff is barred by the doctrine of estoppel from bringing thig action. SIXTH AFFIRMATIVE DEFENSE (Laches) Each and every of Plaintiff's claims is barred by the doctrine of laches. SEVENTH AFFIRMATIVE DEFENSE 10 (Failure to Mitigate) 11 Plaintiff is barred from full recovery of damages, if any such exist, by virtue of the fact] 12 that Plaintiff failed to mitigate its damages. In the alternative, if it is determined that Plaintiff did 13 indeed suffer damages due to Defendants’ actions, such damages must be reduced by the amount 14 by which Plaintiff was required to mitigate according to law. 15 16 EIGHTH AFFIRMATIVE DEFENSE 17 (Modification of Contract) 18 Plaintiff should be denied recovery on all causes of action in that the parties modified the 19 alleged agreements defined in the Complaint to the effect that Defendants never breached said| 20 alleged agreements. 21 22 NINTH AFFIRMATIVE DEFENSE 23 (Plaintiff's Breach) 24 Plaintiff should be denied any recovery under the Complaint by virtue of the fact that 25 Plaintiff has refused, and continues to refuse, to perform its obligations under the alleged 26 agreements defined in the Complaint. 27 28 2 ATTACHMENT4: AFFIRMATIVE DEFENSES | orn temte mo en EAE RO CHR OME ZEA ES NS aR EN LEIS ee ee sens sceneries ne TENTH AFFIRMATIVE DEFENSE (Setoff) Defendants allege that they are entitled to set-off any monetary judgment rendered against them in this action against those sums owing by Plaintiff to Defendants. ELEVENTH AFFIRMATIVE DEFENSE (Uncertainty) The Complaint contains fatal uncertainties, including, but not limited to, the fact that it ig 9 impossible to determine from the Complaint which of the alleged acts of Defendants caused the 10 injuries alleged in the complaint. al 12 TWELTH AFFIRMATIVE DEFENSE 13 (Unclean Hands) 14 Plaintiff has not come to court with clean hands as to all causes of action in the 15 Complaint. As a result, Plaintiff is not entitled to the relief requested in the Complaint. 16 17 THIRTEENTH AFFIRMATIVE DEFENSE 18 (No Damage to Plaintiff) 19 Plaintiff is not entitled to any recovery by virtue of the fact that it has not suffered an 20 damage from actions taken by Defendants, but rather Plaintiff has caused his own damage. 21 22 FOURTEENTH AFFIRMATIVE DEFENSE 23 (Waiver) 24 Plaintiff is barred from any recovery under the Complaint in that Plaintiff has waived its 25 rights to maintain any and all causes of actions in set forth in the Complaint. 2s | 27 28 ATTACHMENT 4: AFFIRMATIVE DEFENSES _soeeamanesamnemnecomsemachntshteans se saree one ames censa anette re nisntnamunci secant anette FIFTEENTH AFFIRMATIVE DEFENSE (Discharge of Obligations) Plaintiff is barred from any recovery under the Complaint in that Defendants have full performed all duties and obligations under all alleged agreements and contracts described in th¢ Complaint, and thus have been discharged from any further obligations allegedly owed to | Plaintiff. SIXTEENTH AFFIRMATIVE DEFENSE | (Lack of Consideration) 10 As to each and every cause of action allegedly set forth in the Complaint, Plaintiff is 11 barred from any recovery against Defendants by reason that certain purported agreements, if any. 12 were not supported by consideration. 13 14 SEVENTEENTH AFFIRMATIVE DEFENSE 15 (Violation of Protective Orders) 16 By pursuing this action, Plaintiff has violated state, county, and city protective orders 17 issued in response to the COVId-19 pandemic. 18 19 20 EIGHTEENTH AFFIRMATIVE DEFENSE 21 (Reservation of Additional Affirmative Defenses) 22 Defendants, without limitation, reserve their rights to assert and plead any additionall 23 affirmative defenses to the Complaint that may become apparent as facts concerning the mattey 24 arise and are uncovered. 25 26 27 28 4 ATTACHMENT4: AFFIRMATIVE DEFENSES. ss shooter SC SRR SSSROAL ESPRESSO ORI M EA ESPON eae annem on setae EXHIBIT G_ . oe Jonathan Robb From: Jonathan Robb Sent: Tuesday, November 3, 2020 2:01 PM To: Kimberly Kneier Ce: Joe Sweeney; Joseph H. Boyd; Michael Stajer Subject: Nine Islands v. Supercuts Kimberly, This email is not protected by as a settlement communication or privilege and is meant to be discoverable. Please advise: 1. To whom | should direct further communications pertaining the lawsuit; and 2. Whether, and if so when, Supercuts and its subtenants intend to abandon the subject premises. If Supercuts advises of a date when it and its subtenants will abandon, Nine Islands will attempt to re-let the premises after that date. Thank you. Best, Jon - M. Jonathan Robb, Jr., Esq. Sweeney Mason LLP 983 University Ave., Ste. 104C Los Gatos, CA 95032 Telephone: (408) 356-3000 Fax: (408) 354-8839 jrobb@smwb.com www.sweeneymason.com cesses meena et eaten nen pnt en ee ae a ee Jonathan Robb SS From: Jonathan Robb Sent: Monday, November 16, 2020 9:04 AM To: Kimberly Kneier Ce: Joe Sweeney; Joseph H. Boyd; Michael Stajer; Karishma Borkar Subject: RE: Nine Islands v. Supercuts Kimberly, We would appreciate the courtesy of a response to the below. Multiple defendants are overdue on their response to the complaint, and we intend to take their defaults. Thank you. Jon ~ M. Jonathan Robb, Jr., Esq. Sweeney Mason LLP 983 University Ave., Ste. 104C Los Gatos, CA 95032 Telephone: (408) 356-3000 Fax: (408) 354-8839 jrobb@smwb.com www.sweeneymason.com From: Jonathan Robb Sent: Tuesday, November 3, 2020 2:01 PM To: Kimberly Kneier Cc: Joe Sweeney ; Joseph H. Boyd ; Michael Stajer Subject: Nine Islands v. Supercuts Kimberly, This email is not protected by as a settlement communication or privilege and is meant to be discoverable. Please advise: 1 To whom I should direct further communications pertaining the lawsuit; and 2 Whether, and if so when, Supercuts and its subtenants intend to abandon the subject premises. If Supercuts advises ofa date when it and its subtenants will abandon, Nine Islands will attempt to re-let the premises after that date. Thank you. Best, ‘eonenn ranean nsec onnoemnet ai ra NAc TeRAR IN ea werent smneeinaniventns sone pe Jon ~ M. Jonathan Robb, Jr., Esq. Sweeney Mason LLP 983 University Ave., Ste. 104C Los Gatos, CA 95032 Telephone: (408) 356-3000 Fax: (408) 354-8839 jrobb@smwb.com Wwww.sweeneymason.com vascnannonazatn emer neat eM cere cnmnnctotend inn manent sermons anessonnsenscensnnsnennn mine rin sentence _EABIBIT Jonathan Robb From: Kimberly Kneier Sent: Friday, December 4, 2020 2:02 PM To: Kimberly Kneier Subject: Your Supercuts Location & Regional Stay at Home Order As you are aware, yesterday, California Health Officials announced a Regional Stay at Home Order which takes effect tomorrow. This was triggered by ICU Capacity and effects regions with less than 15% ICU availability. Moxie Management Group believes that 78 of their Supercuts could be affected by this Order this weekend. Unfortunately, your location(s) is among those. We are sending this email in a proactive effort to make you aware that we could possibly be closing again. Thank you for your patience and for helping us through this difficult climate. Feel free to reach out to me directly for anything. I'm happy to help. Otherwise, we will stay in touch as we know more. Thank you again and please stay safe. ~ Kimberly &l center in nannnrrecnnatennnensinseecacnimatn tintin entre cintntannnn a EXHIBIT J Jonathan Robb From: Joseph H. Boyd Sent: Tuesday, March 2, 2021 12:35 PM To: Jonathan Robb Ce: Joe Sweeney Subject: Re: Supercuts Yes. All clients have voluntarily surrendered the premises. On Tue, Mar 2, 2021 at 11:47 AM Jonathan Robb wrote: | Joey, i I’m confused by which client and which defendant — Moxie? Supercuts? Supercuts Corporate? Regis? Has there been |1 any assignment? Is someone else moving in? It seems by all outward appearances that Supercuts has voluntarily surrendered. If we are wrong, we need to know || that. Please confirm the premises has been voluntarily surrendered. i Nine Islands intends to do a walk-through if the premises has been voluntarily surrendered. Thank you. Jon ~ M. Jonathan Robb, Jr., Esq. Sweeney Mason LLP 983 University Ave., Ste. 104C Los Gatos, CA 95032 sen pone nen a Telephone: (408) 356-3000 Fax: (408) 354-8839 jrobb@smwb.com www.sweeneymason.com From: Joseph H. Boyd Sent: Tuesday, March 2, 2021 11:34 AM To: Jonathan Robb Cc: Joe Sweeney Subject: Re: Supercuts Jonathan, The keys to the premises have been available to the landlord since Friday. My clients are simply requesting a final walk- through so as to make sure that there are no further complications with the condition of the premises. If your client does not wish to do a walk-through, my clients will move forward on the presumption that the premises were turned over in a satisfactory condition and will request the return or proper application of their security deposit as per the terms of the lease. Joey b On Tue, Mar 2, 2021 at 11:10 AM Jonathan Robb wrote: | Joey, i We cannot move forward until we understand what’s going on. Please confirm that Supercuts, Moxie, and all defendants are voluntarily surrendering possession of the premises. Thank you. Jon - M. Jonathan Robb, Jr., Esq. Sweeney Mason LLP 983 University Ave., Ste. 104C Los Gatos, CA 95032 Telephone: (408) 356-3000 Fax: (408) 354-8839 jrobb@smwb.com www.sweeneymason.com From: Joseph H. Boyd Sent: Tuesday, March 2, 2021 9:40 AM To: Jonathan Robb Subject: Supercuts Jonathan, penne a a wo ee I've been informed that the property manager would like your permission before doing a final walk-through with Supercuts. Would you please contact the property manager and give them the go-ahead so that they can move forward? Thank you. Joey Boyd ~- Joseph Boyd Attorney at Law 17351 4S Ranch Parkway San Diego, CA 92127 Phone: 559-492-8557 Facsimile: 559-354-6693 The information contained in this message is confidential information (and may be attorney privileged) intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination or distribution of this communication to anyone other than the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify us by e-mail and return the original message to us. Thank you. REQUIRED DISCLOSURE PURSUANT TO U.S. DEPARTMENT OF TREASURY CIRCULAR 231 : In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments and enclosures) is not intended to be used, and cannot be used, referred to or relied upan, for the purpose of (i) avoiding tax-related penalties under the internal Revenue Code or (ii) promoting, marketing, or recommending to another party any tax-related transaction or matter addressed in this communication, including any attachments and enclosures - Joseph Boyd Attorney at Law 17351 4S Ranch Parkway San Diego, CA 92127 Phone: 559-492-8557 Facsimile: 559-354-6693 ane orearsvennariat cureentanci si abitomnmcinatnienmerems tare ee ows pn sence The information contained in this message is confidential information (and may be attorney privileged) intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination or distribution of this communication to anyone other than the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify us by e-mail and return the original message to us. Thank you. REQUIRED DISCLOSURE PURSUANT TO U.S. DEPARTMENT OF TREASURY CIRCULAR 230: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments and enclosures) is not intended to be used, and cannot be used, referred to or relied upon, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any tax-related transaction or matter addressed in this communication, including any attachments and enclosures Joseph Boyd Attorney at Law 17351 4S Ranch Parkway San Diego, CA 92127 Phone: 559-492-8557 Facsimile: 559-354-6693 The information contained in this message is confidential information (and may be attorney privileged) intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination or distribution of this communication to anyone other than the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify us by e-mail and return the original message to us. Thank you. REQUIRED DISCLOSURE PURSUANT TO U.S. DEPARTMENT OF TREASURY CIRCULAR 230: In order to comply with requirements imposed by the Internal Revenue Service, we inform you that any U.S. tax advice contained in this communication (including any attachments and enclosures) is not intended to be used, and cannot be used, referred to or relied upon, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any tax-related transaction or matter addressed in this communication, including any attachments and enclosures rvaitremctnaowamacaee ws oe sone