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MATTHEW PAPPAS (SBN: 171860) CHARLES SCHURTER (SBN: 174261) LEE H. DURST (SBN: 69704) 22762 Aspan Street, Suite 202-107 Lake Forest, CA 92630 Phone: (949) 382-1485 Facsimile: (949) 242-2605 Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION

GREEN EARTH CENTER, INC.; DANK CITY PATIENTS GROUP INC.; NATURECANN, INC.; INDUSTRY GREEN COLLECTIVE, INC.; KAI KEM INC.; CHRONIC COLLECTIVE; COMPLETE ALTERNATIVE MEDICINE; PATIENTS REPUBLIC COLLECTIVE; 562 COLLECTIVE; DEMITRI WOODARD and CHRIS WOODARD, Plaintiffs, v. CITY OF LONG BEACH, CALIFORNIA; DAVID STROHMAN; OSCAR VALENZUELA; ALDO DECARVALHO; CHRIS VALDEZ; DOUGLAS LUTHER; and DOES 1 to 10, Defendants.

No.: SACV 13-0002 AG (JPRx)

PLAINTIFFS EXHIBITS (VOL. 4) IN SUPPORT OF APPLICATION FOR T.R.O. AND O.S.C. RE: PRELIMINARY INJUNCTION

Date: May 9, 2013 Time: N/A Courtroom: D10, Judge Guilford

EXHIBIT VOLUME #4

PLAINTIFFS EXHIBITS (VOL. 4)

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TABLE OF EXHIBITS (VOLUME 4)

EX. #: 64

DESCRIPTION WARRANT FOR SEARCH AND SEIZURE CONDUCTED MARCH 8, 2013 (WILLOW COLLECTIVE) WARRANT FOR SEARCH AND SEIZURE CONDUCTED APRIL 11, 2013 (WILLOW COLLECTIVE) GIVING TREE COLLECTIVE (WARRANTLESS)

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DECLARATION OF SERGIO SANDOVAL (GIVING TREE COLLECTIVE WARRANTLESS RAID ON APRIL 18, 2011) DECLARATION OF MARK ROSEBUSH (MANAGING PATIENT OF GIVING TREE COLLECTIVE) LETTERS FROM AIDS ORGANIZATIONS AND NEIGHBORS RE: GIVING TREE COLLECTIVE DECLARATION OF ATTORNEY RICHARD BRAKEFIELD RE: DR. JOHN MITCHELL, LANDLORD OF GIVING TREE COLLECTIVE ORDER OF LOS ANGELES SUPERIOR COURT, AUG. 17, 2013, OVERRULING LONG BEACH DEMURRER, FINDING LBMC CHAP. 5.89 INVALID (BC484645) LETTER FROM DEP. LONG BEACH CITY ATTY. KENDRA CARNEY TO ATTY. RICHARD BRAKEFIELD RE: CITY HARASSMENT OF DR. JOHN MITCHELL, AGE 90 LONG BEACH POLICE DEPARTMENT - POLICE REPORT RAID
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COMPLETE ALTERNATIVE MEDICINE 73 DECLARATION OF CHRISTOPHER HORNSHAW (COMPLETE ALTERNATIVE MEDICINE RAID ON JAN. 19, 2012) LOS ANGELES DISTRICT ATTORNEY LETTER REFUSING FELONY CHARGES AGAINST CHRISTOPHER HORNSHAW, MANAGING PATIENT, COMPLETE ALTERNATIVE MEDICINE L.A. SUPERIOR COURT ORDER TO RETURN PROPERTY TAKEN FROM COMPLETE ALTERNATIVE MEDICINE FOLLOWING JAN. 19, 2012 RAID BY LONG BEACH POLICE WARRANT FOR SEARCH AND SEIZURE CONDUCTED JAN. 19, 2012 (COMPLETE ALTERNATIVE MEDICINE) PATIENT REPUBLIC COLLECTIVE 77 DECLARATION OF ERIC SVIATEK (PATIENT REPUBLIC COLLECTIVE RAID ON JAN. 24, 2013) DECLARATION OF ERIC SVIATEK (PATIENT REPUBLIC COLLECTIVE RAID ON MAR. 7, 2013) DECLARATION OF ERIC SVIATEK (PATIENT REPUBLIC COLLECTIVE RAID ON MAR. 29, 2013) ARREST INFORMATION ERIC SVIATEK PATIENT REPUBLIC COLLECTIVE RAIDS WARRANT FOR SEARCH AND SEIZURE CONDUCTED OCT. 10, 2012 (PATIENT REPUBLIC COLLECTIVE) WARRANT FOR SEARCH AND SEIZURE CONDUCTED NOV. 13, 2012 (PATIENT REPUBLIC COLLECTIVE) 263 233

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ADDITIONAL EXHIBITS ARE INCLUDED IN VOLUMES 1, 2, 3, 5, 6, & 7

PLAINTIFFS EXHIBITS (VOL. 4) - III

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DECLARATION OF SERGIO SANDOVAL

1. 2. 3.

I, Joshua Sergio Sandoval, declare as follows: I am a resident of Long Beach, CA. I was a volunteer at The Giving Tree Collective.

4. To my recollection this is what transpired on July 15th 2010. I had taken the day off of work because it was my Birthday. At around 5:30 6:00 PM I received a telephone call from a detective Strohman announcing to me that the business that I work at The Giving Tree at 1742 E Broadway was being raided by the police and that it would be in my best interest to turn myself in to their custody. At first I did not believe that this was really happening and that it was somebody playing a practical joke on me. I asked the detective to prove to me that this was real and to tell me who his supervisor was or to name Long Beachs new police chief. He said that he did not have to answer my questions but I insisted that yes he did and after thinking it over he answered that the new police chief was Mcdonell but that he is not his boss a Lieutenant Cooper was his boss. After his response I knew that this was not a joke. He said that I had until tonight to turn myself in or that they would put out an arrest warrant on me and that the D.A would not look favorably upon this. I explained that it was my birthday and that I was at that moment supposed to be meeting friends for my birthday dinner and then Detective Strohman said that he could then give me until the following morning at 8am to turn myself in and to enjoy my birthday. Following my initial conversation with Det. Strohman I got an immediate follow up call from him reviewing what was taking place, that I was to turn myself in by 8:00 AM and that they were not going to be taking Kelli Edwards to jail. I then called Mark Rosebush and we reviewed what was going on and what provocation we could have given them to put so much manpower behind this sting operation. After meeting up with Mark Kelli called us and told us what had transpired at The Giving Tree. That Joey Byers had been taken in to custody and the shop had been emptied of all product, money and a lot of paperwork. Also that she had tried calling me when they were coming into the shop and that this had angered them and that they made comments that this Sergio Sandoval must be half way to Mexico by now. After the call both Mark and I went over to the shop to review the damage and what had been taken. Following that talking over the incident between ourselves and Mr. Durst I agreed that I should turn myself in as promised come the morning time.
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5.

I awoke around 5:30AM and upon Mr. Lee Dursts advice was supposed to get a hold of Mr. Hodges and then turn myself in. I called Detective Strohman at 7AM and told him that I might be a little late because I was awaiting legal council. Detective Strohman became agitated with this information and said that I was going to fuck his morning all up and that he could give me until 9:30 AM to turn myself in or maybe we should just do this whole thing another day. I told him that I wanted get this over with as soon as possible and if 9:30 came around and I had no lawyer I would turn myself in regardless. He then wished to know if I was willing to talk with him without my lawyer. I asked what he wished to know, and he said the daily operations of The Giving Tree and I replied that I would have no problem speaking of this with him or anything about myself personally. At 9PM I turned myself into the custody of the Long Beach Police Department and personally met Det. Strohman. He and his partner both arrested and booked me for sale of marijuana and asked if I would speak to them about the daily workings of the store and if I was co-operative the D.A would be more inclined to look favorably upon me for turning myself in and being co-operative with the arresting officers. After agreeing to speak to them to a degree their first question was who is Dave the person that had supposedly opened the door when the supposed illegal purchase had been made. I told them that I do not know his last name I only know him as Devil Dave and he is not an employee of The Giving Tree but just a friend that comes by the shop and hangs out once in a while. There are only 4 people that staff our shop and that staff is Mark Rosebush, Joey Byers, Kelli Edwards and myself. They also asked why Mr. Rosebush was not speaking with them or returning their calls. At this point they asked me to go into our daily procedures for processing new members/patients. I told them that we are completely by the book and the process goes like this. We ask the new patient to provide an original doctors script saying that this person has been evaluated and is now legally allowed to obtain Medical Marijuana for Medical uses. We also require that the person provide a legal California identification card once these items have been provided we ask them to fill out an intake form with their personal information. At this point we take their doctors script and ID and verify that the two match each other and the person turning them in and that they are legal documents and not forgeries by calling the doctors office and or cross checking against the doctors intake website. We then check the doctors license itself against the medical board of California license verification website to see that the doctor is not a fraud. Once all of this is done we accept the patient into the secured area of the shop which is where the medicine is held and dispensed. At this conjuncture Strohman said ok so this is the point
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where the sale is made and I said it is a suggested donation and that there are many times throughout the day that patients with fixed incomes and life threatening diseases come through our door and we dispense to them what they need at what they can afford or for free if need be and that is a daily practice. Strohman said that that is what Kelli had said and that there is no way in the world that we were ever going to convince him that we just give free Marijuana away. I inquired what it is the charge that I and Joey were being arrested for. There reply was that they had our shop under surveillance for a long time and that they had been trying to get an undercover officer behind our security door for a long time and that I personally had turned Det. Strohman away 2 to 3 times myself not to mention other officers for lack of proper paperwork. But with this situation they had finally gotten one past us after much effort and that this was the first and only time. He said that is was a small mistake but still enough to bust us and that it was just the once and what was in Totem Pole of Life how unimportant this really was. What had really happened we lost a little weed and some money, we would be open again in two days and that Joey and I would be receiving a slap on the wrist regarding the arrests and that we would be bailed out by days end? Mark is rich and getting the bail together would be no problem for someone like him. At this point Det. Strohman said that he could tell that I was a good person and that I was not some kind of Mafia gangster, I personally think that he was saying this to get a reaction from me and since I did not have any kind of response because it is so ridiculous to me to think that anyone could think of me as a gangster, he amended his statement and said well maybe I am some gangster because he can never be sure of anything. I just said what no of course not and shook my head in exasperation. After this Detective Strohman said that he had more important things to deal with than this small time stuff and that he was going to be passing me off to his fellow officer whom I never got his name. Upon Strohmans departure Officer #2 began telling me why it is that Cops, conservatives and Republicans hate Marijuana and the new laws regulating its dispensing. That reason is that we are using a loophole in the law to get rich as he said. I replied that I am not rich in the least bit and I live very modestly. I do not have a car and I walk to work every day from my rented apartment. He replied that well Mark Rosebush is wealthy and if not why was there $8,000 dollars at our establishment. He then asked me how many people come through our door a day and I told him that I had no clue and never counted. He said well lets say 20 and what is your average donation? Again I said that I did not know since different patients all have different tastes and needs. So he answered ok so lets just say your average is $40 dollars. Ok so that times 20 is like $2000 dollars a day. Which of course
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is incorrect its $800 but I was not ready to agree or disagree I simply said that running the shop takes a lot to cover the rent, electricity, employees and restocking your supply. With all of that Mark is not getting rich. He disagreed and said that they will be looking into Marks finances separately and by another team of detectives. Also that they have had us under surveillance for quite some time and that most of our patients are tweekers. Of course I disagreed and said that I only know of one patient who had a problem with that and that our medication is the only thing keeping him sober and off of that. Not to mention that this patient also has Aids. Not to mention that my shop in a ten block radius around us has the highest concentration of Aids victims in all of Southern California and that we give regularly large donations to the Long Beach Aids Foundation, the Outflow Charity for children born with Aids, Childrens Dream Foundation and the Make A Wish Foundation. Of course all that he did was shake his head in disbelief. By then my paper work had come back and I was through being checked for warrants and it was time to be strip searched and processed. After the strip search I was taken to the felony jail cell to await my bail. I declare under penalty of perjury under the laws of the State of California and United States that the aforementioned statement represents my personal knowledge and is true and correct. EXECUTED this 24th day of April, 2013:

_____________________________________________ Sergio Sandoval

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Long Beach Police Department

10/10/2012 FOR IMMEDIATE RELEASE Subject : Contact :

Media Relations 400 W. Broadw ay Long Beach, CA 90802 (562) 570-5273 Jim McDonnell, Chief of Police

PRESS RELEASE #2012

L.B.P.D. TARGETS MARIJUANA DISPENSARIES (PHOTOS INCLUDED) Media Relations Detail (562) 570-5273

CLICK ON LINKS BELOW TO VIEW PHOTOS OF LOCATIONS/EVIDENCE SEIZED Today, October 10, 2012, the Long Beach Police Department conducted an enforcement operation and served search warrants, with the assistance of the Drug Enforcement Administration (DEA), the State of California Franchise Tax Board (FTB), the Long Beach Fire Department, and the Los Angeles County District Attorney's Office, that shut down seven marijuana dispensaries located throughout the City of Long Beach. Effective, August 12, 2012, any dispensary that continues conducting business in the City of Long Beach is operating illegally. The seven dispensaries that were targeted were those that the Police Department had received the highest level of complaints for from the community. During the operation, over 40 individuals were taken into custody and booked for owning/operating a marijuana dispensary. Marijuana plants, processed marijuana, currency, and other evidence were seized. Each of these businesses will be forwarded to the Business Licensing Section for review. Additionally, three of the seven locations were also "red tagged" by the Long Beach Fire Department for posing immediate life-safety hazards. Anyone caught entering these locations will be arrested for trespassing. The L.B.P.D. was originally planning to serve a search warrant at an eighth location, located at 301 Atlantic Avenue, however, investigators recently received information that the operators had vacated the building and relocated. The L.B.P.D. is strongly urging the remaining dispensaries to voluntarily cease their operations. Any dispensary that continues to operate will be targeted for closure and those operating the business will be arrested. Todays operation addressed the following locations:
2130 Cowles Street (cultivation/dispensary site - red-tagged) Evidence 1 Evidence 2 Evidence 3 Evidence 4

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- red-tagged)

- red-tagged)

dispensary site) (dispensary site)

Anyone wishing to report dispensaries that continue to operate should contact the Narcotics Section at (562) 570-7221. Anonymous tips may be submitted via text or web by visiting www.tipsoft.com.

This information is preliminary and is intended for early information use rather than being a formal investigative report.
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DECLARATION OF CHRISTOPHER HORNSHAW 1. 2. I Christopher Hornshaw, declare as follows: I am over the age of 18. I am a member and managing patient of Complete Alternative

Medicine Inc., a non-profit patient collective. The patient collective has three (3) patient members. As a result of myself being a union ironworker and falling from a two-story building, I cracked the cervical in my neck, had major spinal trauma and tore my left Achilles tendon among other major injuries; I am a medical marijuana patient with a recommendation from a licensed California physician. As a managing member of the patient group, I make sure that we follow all state law and the attorney general regulations for collectives. 3. In the early part of the of month of Jan 2011 I spoke with my attorney Paul Violas and asked since my patient group has only three members does the proposed ban law apply to us. He then said that he was having a lunch date with Erik Sund to confirm that it would not affect me and that he would be calling me after his lunch date with Mr. Sund. Following that lunch at 1PM Mr. Violas called me and said that I had the go ahead and that I just needed to keep things quite around my place. 4. On January 9th 2012 at about 7:30 in the morning, I was driving my daughter Madison to school and after I dropped her off to walk with one of her friends on Ximeno and PCH, I departed and got less than a block away when four different police squad cars stopped and circled me. The first police officer to approach had his gun drawn and told me to stay put. I placed my hands on the steering wheel and kept still trying to assess the situation. I told the officer that my license was suspended and that everything else was up to date. I then asked if I could reach into my front pocket to get out my wallet to give him my identification. More police were surrounding with guns drawn and pointed at me. He said that to go ahead and get the wallet. I did so and handed it to him. After that I said my registration was in the glove box. Could I take my right hand off of the steering wheel and get that for him. He said yes and to go ahead and do so. After he went to the back of the car got into his car and checked my name. After this he came over to my car and opened the door. He said get out, I put one foot on the ground and started to rise up. He grabbed my hand from the back and twisted me to the open door frame of the car and pushed me hard against it. At this time I saw my daughter approaching. She was very scared to see me

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being possibly arrested and started to cry to me. I asked her to calm down and go across the street, which she and her girlfriend did so. At this point the officer with my arm behind my back and got my hand in a grip that felt like he was trying to hurt then perhaps break my arm pulled me to the back of the my car and slammed me down on top of it. The officer said to stop resisting, which I replied that I am not resisting but you are hurting my arm. Now my daughter started yelling that hes not resisting, stop hurting him! To which another officer started yelling, dont you fucking cross the block you stay right where you fucking are! You are not needed over here, to my daughter. That officer then took my other arm and did the same arm hold that the first officer did which made me start to feel as if I had to struggle or else they were going to seriously do permanent damage to me. I started yelling to my daughter to film this on her camera but she was so agitated that she could not figure out how to get the video on her camera working. Not to mention she was on the phone with my wife, her mother telling her what was happening to us. The officers finally just cuffed me and then got me into the police car. I was held in the Long Beach Jail for three days on a $172,000 bond. My wife and my attorney Paul Violas tried constantly to find out where these citations had come from to no avail. After three days in jail the police apologized and said that apparently there had been some kind of mistake and that I was free to go. 5. On January 19th 2012, police officers raided my patient groups location in Long Beach, California. In the location, we cultivate medical cannabis for patients at 827 D East 4th St 90813. On the day stated at approximately 6:30PM a group of police officers forcibly entered into the building. An acquaintance named Matt Kanus was entering the building and as he entered the police followed behind him. The police pushed Mr. Kanus to the ground with automatic weapons drawn they shouted wheres the fucking guns, get on the floor, wheres the money, wheres the fucking dope. As police poured through the door numbering at least fifteen or more, each one was yelling different orders and demanding different actions from my acquaintances and me. The officers forced me to the ground and began searching the building independently without any leadership. There was inside the commercial space at the time myself, Mr. Kanus and Craig Ford who were also forced to the floor. As officers went through out the building the commanding officer an Aldo Decarvelo entered last and began orchestrating the uncontrolled officers. I started yelling back that we are legal to be here and everything is by the law. Officer Decarvelo answered me by saying that nothing I am fucking doing is legal under federal law.

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His first order after assessing what was in the building was for another officer to get the video camera for him. As he obtained the camera and started recording he ordered the officers to cut down all of the standing rooted plants that numbered 280 plants total. The officers themselves did not bring any equipment so as to be able to cut down these plants so they rummaged through my tools and found the necessary equipment. As soon as I heard the orders to cut down the plants I began to plead with them to please do not cut down these plants I am legal to be here, please just look at my paperwork. Which was in an open binder on the table where I had been seated. At this point a female officer discovers an existing room that no one had noticed and began yelling another room, another room. As officers charged the undiscovered room with multiple assault weapons drawn they started yelling, Live body, live body get on the floor, get on the floor. The live body that almost got shot in the confusion begins to yell back dont shoot, dont shoot Im an officer. As the officers start to exit the new room they are all laughing saying how this guy was holding up his badge and gun asking everyone not to shoot him. At this point the police are chopping down plants and kicking and breaking all of the pots overturning and maliciously covering the entire building floor with about 4 inches of dirt over 1,200 square feet. Many officers were unnecessarily punting and throwing pots across the room after they chopped down the plant. After about twenty minutes of aggressive destruction of my property the officers then began removing the plants by armloads. At this point officer Decarvelo told one of the other officers to go and get the lead officer. A plain clothed officer wearing blue jeans and a blue T-shirt with a shaved head and quite stocky then entered the room. He proceeded to pick me up off of the floor and sat me in a plastic chair. He stated that officer Decarvelo is saying that you are saying that you have legal paperwork to be here. Wheres it at? I stated that Its right behind me like I have been yelling this whole time! He then grabbed the 6 inch thick binder that must have over 500 pages of legal paperwork that contains my articles of incorporation, my federal tax I.D papers, statement of information from the Secretary of State, 3 person member agreement, the by laws, the persons involved personal paperwork, the collective implementation paperwork and all of this is color coded and tabbed with an organized glossary. The detective then closed the open binder looked me in the eye, then looked at the binder and took a 2.5 second flip through my paperwork and said that he did not see a state seal and to take this man to jail. I argued that I have everything correct and legal and he said, not by the federal government, lets wrap this place up. Lock it

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up we are out of here. If he had bothered to truly look he would have seen a state seal on the second page of the federal tax I.D chapter of my papers. 6. 7. The Los Angeles District Attorneys office refused to press charges just days after the raid. During the raid, police took substantial equipment and medication. I did not receive an A copy of the letter from the District Attorney is attached to my declaration. inventory of what was taken. I asked my attorney, Paul Violas, to look into the things taken by the police. Mr. Violas had been my attorney since April 2011. One of the reasons I chose Mr. Violas is because he told me that he knew Erik Sund, the Long Beach official who handles the citys marijuana ordinance and had major connections with the City Council members. Not to mention very close ties to Crystal Meyers and a Mr. Mark Adams. Mr. Violas also did the corporate paperwork for the non-profit patient collective that I am a member and managing patient of. 8. I confronted Mr. Violas on why my collective had been raided and what he was doing about it. He in turn and in my presence called the city attorneys office and got a one Crystal Meyers on the speakerphone. He said Crystal this is Paul Violas, I have a client in my office and he is saying that you have raided his three person collective which falls under 5.87s ability to regulate. He was within the limits of his plant amount and he had the electrical permits pulled along with every other permit signed off on already. What is up with this? We had talked about this. Crystal Meyers replied that she would have to get back to him about this. Please note that at this time 5.87 has been stricken as illegal but they kept referring to it anyways. 9. Two days following our discussion with Ms. Meyers on 1-26-2012 two city building code enforcement people named Lou Tsamous the senior building inspector and one other person whose name I cannot remember came to my establishment and began harassing me for as they said someone was living in the building. I refused to let them in and then called my attorney Mr. Violas. He said to go ahead and let them enter the property. I did so and then informed them that they damn well know that there is no one living on the premises since the police had just been here days before. Once inside the property they said that they were lying and that they were not there for someone living on the property but because of multiple code violations. I said that everything is up to code and that everything was permitted. They then said that I was in violation because of the fact that I had a wall half way built that was blocking my

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neighbors from being able to park within my building structure. I then said that this is my building and nobody needs to park within my property and if they wanted to be petty than these walls are only half way built and that I do not need a permit as of yet. Now I instructed them to get off of my property and that I have had enough of their lying and harassment. At this point while still in the building they called a police officer over that had made the call complaint named Officer Briney and told her that we are in the building and to come over. The code enforcement people got out of my building at my insistence. I locked up my building and was walking away when officer Briney arrived. I went over to talk with Mr. Tsamous and ask officer Briney why she had made a call when the police had just been in seven days prior and what was the reason for the call. She said that she was instructed by a detective to make the call complaint but would not say what detective prompted her to call in the complaint. At this point I turned and walked away and watched them from across the street. I observed the officer and building code inspectors go door to door to my neighbors and try getting them to allow the officer and building code inspectors access to the rooftop of my building. After forty-five minutes to an hour of questioning my neighbors and being denied access by them because of what they had already done to me they finally departed. 10. On 2-12-2011 I went over to meet up with Mr. Violas at his office at 100 Ocean Gate Ave. at 10:30 in the morning. I questioned him about what was going on with the recent cover story of the latest OC Weekly article on city corruption with the lottery, which named him repeatedly in it. I said the the word on the street is that you gave me up as a scarified lamb for the slaughter. At which point Mr. Violas jumped out of his seat and became very agitated and said that he had to get going and that he really needed to leave. I said that I had money for him as he was grabbing his briefcase rushing out the door. He stopped for that and said that he did not have time to make me a proper receipt, so instead he pulled out a small index card and wrote it out on that. 11. In Jan. 2012 I asked Mr. Violas to call Erik Sund to see why the police had raided my collective since we had only three members. Also, a recent case called Evergreen had been reported in the press as saying that cities cannot outright ban collectives and I wanted Mr. Violas to ask Mr. Sund about why the city was continuing with its ban. Mr. Violas said that he had spoken with Eric Sund already and that Mr. Sund said that he knows that 5.89 is a dead ordinance but that the city does not care about

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