DORIGINAL we & So ew a aw i 13 14] 15 16] 17] 18| 19] 20 21 22) 23 24 25 26| 21 28 Jason M, Ohta (SBN 211107) Heather U. Guerena (SBN 238122) DUANE MORRIS LLP > sopenKLLED 750 B Street, Suite 2900 en oe cole ta San Diego, CA 92101-4681 : SEP C8 2015, Telephone: 619.744.2200 Facsimile: 619.744.2201 E-mail: johta@duanemortis.com E-mail: huguerena@duanemorris.com Attorneys for Plaintiff Isolani, LLC SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES ISOLANI, LLC, a Delaware limited liability Case No: _ 65.9386 1 ‘company, DECLARATION OF HEATHER U. GUERENA IN SUPPORT OF ISOLANI, LLC’S APPLICATION FOR WRIT OF ATTACHMENT AND TEMPORARY PROTECTIVE ORDER Plaintiff, v, RUSSELL REITZ, an adult individual and resident of the State of California, and R&O PHARMACY, LLC, a California limited liability company, SEPTEMBER 8, 2015 830 AM, Defendants. I, Heather U. Guerena, declare as follows: 1, Laman attorney at law duly licensed to practice before all Courts of the State of California, and an attorney at the law firm of Duane Morris LLP, attorneys of record for Plaintiff Isolani, LLC (“solani”). I make this declaration is support of Isolani’s ex parte application for a right to attach order and/or temporary protective order. I have personal knowledge of the facts set forth herein and, if called to testify as a witness, I could and would testify competently to the facts stated herein. 2, Counsel for Defendant Russell Reitz in connection with this matter is Gary Jay Kaufman THE KAUFMAN LAW GROUP 1901 Avenue of the Stars, Suite 1010 DEC. OF HEATHER U, GUERENA ISO ISOLANILLC'S APPLICATION FOR WRIT OF ATTACHMENT "1aw So ew a it 13 14] 15| 16 17] 18| 19 20 21 2 23 24 25 26) 2 28 Los Angeles, California 90067 Telephone: (310) 286-2202 Facsimile: (310) 712-0023 Email: gary@kaufmanlawgroupla.com 3. Mr. Kaufman has been communicating with my firm on behalf of Mr. Reitz regarding the dispute between the parties at issue in this matter. Additionally, Mr. Kaufman is listed on the California Secretary of State Business Portal website as the registered agent of service of process for R&O Pharmacy, LLC (“R&O”). 4. On September 6, 2015, at approximately 5:18 p.m. I emailed Mr. Kaufman to provide notice of the ex parte application to seek a right to attach order and/or a temporary protective order against both Mr. Reitz and R&O. A true and correct copy of the email is attached as Exhibit A and incorporated by reference as though fully set forth herein. 5. Immediately after sending the email, I called Mr. Kaufman’s office and left a message on his voicemail regarding the ex parte application and provided him the same information that was included in the email notice. 6. Mr. Kaufman responded to my email notice on Monday, September 7, 2015, contested notice, and requested copies of the papers. 7. provided copies of all papers, except for this declaration, by email. I have also printed all of the papers that I intend to file with the court and will provide printed copies of all documents to Mr. Kaufman prior to the hearing, 8. In light of Mr. Reitz’s refusal to disclose any information about the checks he has confiscated and hidden from Isolani — other than to state the checks are being held in a “safe place,” providing notice prior to Sunday would have permitted Mr. Reitz an opportunity to transfer, move, and/or hide the checks in a manner that would make them incapable of being subject to attachment. Thus, notice more than 24 hours prior to the ex parte application to counsel of record who has access| to his email over the weekend is sufficient notice and reasonably calculated to provide adequate opportunity to respond while minimizing the risk that Mr. Reitz will be able to transfer the money to a location that would frustrate the purpose of the emergency relief sought. Dyassoen 1 2 DEC. OF HEATHER U, GUERENA ISO ISOLANILLC'S APPLICATION FOR WRIT OF ATTACHMENT® © « WN € rH 10 M1 12 13 4 15 16 v7 18 19 20} 2 2| 23 24] 25 26} 27] 28 9. Mr. Reitz has refused to disclose the location of or deposit the reimbursement checks into R&O’s bank account, stating only that he is keeping them in a “safe place.” 10, _Isolani has fully performed its obligations under the Management Services Agreement. 11, The checks or money at issue is not secured by real property, I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct. Executed at San Diego, California on this 7th day of September, 2015 fedther U. Guerena’ pNe9s96082.1 3 DEC, OF HEATHER U. GUERENA ISO ISOLANILLC’S APPLICATION FOR WRIT OF ATTACHMENTGuerena, Heather U. From: Guerena, Heather U. Sent: ‘Sunday, September 06, 2015 5:18 PM To: gary@kaufmanlawgroupla.com Ce. ‘Ohta, Jason M, Subject: EX PARTE NOTICE - TUESDAY, SEPTEMBER 8, 2015 at 8:30 AM - ISOLANIv REITZ et al Importance: High PLEASE TAKE NOTICE that on Tuesday, September 8, 2015 at 8:30 the Superior Court of California, Los Angeles County, located at 111 North Hill Street, Los Angeles, California, in Department 82 (pursuant to L.A. Local Rule 3.5, department 82s listed as the department responsible for hearing writs on Tuesdays at 8:30 am; however, the court could also assign the ex parte to be heard in either departments 85 or 86 as well) Isolani LLC will file a complaint and ex parte application for aright to attach order and/or a temporary protective order against R&O Pharmacy, LLC ("R&O") and Russell Reitz (“Reitz”) to: (1) Prohibit Reitz and R&O from transferring, hiding, or otherwise misusing the checks/monies received in connection with the operations of the Pharmacy located at 651 Via Alondra, Units 708 and 709, Camarillo, CA.93012 operated by R&O, which are estimated to exceed $15 million, (2) Awrit of attachment ofall checks that Reitz has taken, hidden, or otherwise withheld and any bank accounts in which any checks received in connection with the operation of R&O have been deposited, (3) an order for an accounting of the checks/monies received by Reitz and R&O in connection with the operation of the Pharmacy, and (4) Such other relief that will assist with preserving the status quo and prevent Reitz or R&O from transferring, hiding, or otherwise misusing the checks/monies. This ex parte will be brought pursuant to the terms of the Master Services Agreement and California Code of Civil Procedure § 483.010 et seq. and 1281.8, Please notify me by email (huguerena@duanemorris.com) or telephone (619-823-1496) to let me know whether you will intend to appear at the hearing and oppose the application. Please advise whether Reitz will agree to a stipulation to an accounting and deposit of all funds received by Reitz and R&O in an attorney trust account, interpleader, or with some other third party while the dispute between Reitz and Isolaniis resolved. Heather U. Guerena Atorey ane Moers LLP (BOB suet, Sate 2800 Sen Diego, CA 101601 etete raze F: 416193252628 Gs 619823 1406, EXA