Motion to Appoint Receiver
Tentative Ruling: Plaintiffs’ Motion for Appointment of Receiver and Issuance of Preliminary Injunction is DENIED.
Preliminarily, the Court notes the Supplemental Hill Declaration appears to have sufficiently described how the figures in the Retail Tax Reports are calculated and why the figure in Line 1 (“Gross Receipts” for Adult Use Sales) would differ from actual gross earnings in the 420 Monthly Central Report to investors; but it also presents a number of questions and issues. For instance, it is unclear why the chart at page 5 of the Hill Declaration deducts 6 percent sales tax from the gross totals. And assuming this is correct, the chart appears to show a $1,566.18 understatement to investors as opposed to an overstatement as Hill states. Further, as noted by Exhibit A to Plaintiffs’ Supplemental Reply, based on the POS reports, it appears there were understatements to the investors in amounts much larger than $1,566.18.
Nonetheless, despite the quest
Hearing Date
January 12, 2021
For full print and download access, please subscribe at https://www.trellis.law/.
Motion to Appoint Receiver
Tentative Ruling: Plaintiffs’ Motion for Appointment of Receiver and Issuance of Preliminary Injunction is DENIED.
Preliminarily, the Court notes the Supplemental Hill Declaration appears to have sufficiently described how the figures in the Retail Tax Reports are calculated and why the figure in Line 1 (“Gross Receipts” for Adult Use Sales) would differ from actual gross earnings in the 420 Monthly Central Report to investors; but it also presents a number of questions and issues. For instance, it is unclear why the chart at page 5 of the Hill Declaration deducts 6 percent sales tax from the gross totals. And assuming this is correct, the chart appears to show a $1,566.18 understatement to investors as opposed to an overstatement as Hill states. Further, as noted by Exhibit A to Plaintiffs’ Supplemental Reply, based on the POS reports, it appears there were understatements to the investors in amounts much larger than $1,566.18.
Nonetheless, despite the quest