Order Ex ParteCal. Super. - 6th Dist.March 30, 2021EFS-020 AWORNEY 0R PARTY WITHOUT ATrORNEY: STATE BAR N0»: 106781 NAME: Michael W. Kinney. Esq. FIRM NAME: LITIGATION AND BUSINESS LAW GROUP. INC. smzamnaess: 73-745 El Paseo Dn've, Suite 12B cm: palm Desert, STATE: CA mecca 92260 TELEPHONE N07: 949.285.1 064 FAX N03 EMAILADDRESS: mkinney@lbtglaw.com ArroRNEY FOR(nemo): Plaintiff Podtronix Inc. SUPERIOR COURT 0F CAUFORNIA, COUNTY 0F Santa Clara STREETADDRESS: 191 N. First Street MAILINGADDRESS: 191 N. First Street cITY AND ZIP CODE: San Jose, CA 951 1 3 BRANCH NAME: Downtown FOR COURT USE ONLY CASE NUMBER: PLAINTIFF/PETI‘I'IONER: Podtronix Inc. DEFENDANTIRESPONDENT: Releaf Processing LLC etc et al OTHER: 21CV381445 JUDICIAL OFFICER: PROPOSED ORDER (COVER SHEET) DEPT: 19 order In PDF format are filed. NOTE: This cover sheet is to be used to electronically file and submit lo the court a proposed order. The proposed order sent electronically to the court must be in PDF format and must be attached to this cover sheet. ln addition. a version of the proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed 1- Name of the party submitting the proposed order: Podtronix Inc. 2- Title of the proposed orden Proposed Order on Ex Parte Application 3. The proceeding to which the proposed order relates is: a. Description of proceeding: Ex parte b. Date and time: January 5, 2022 c. Place: Department 19 4. The proposed order was served on the other parties in the case. w _ *4 MGMW . 3’:Michael W. Kinney > (TYPE 0R PRINT NAME) r (SIGNATURE 0F PARTY on AfiORNEY) : Pago1 012 jfffi‘fngd‘g'ggjgm PROPOSED ORDER (COVER SHEET) Ca" Was 0‘ CW“ EFs-ozo [Rem remary 1.20171 (Electronic Filing) rules 2.252. 3.1312 www.martacagov EFS-020 CASE NAME: CASE NUMBER: Podtronix Inc v. Releaf Processing etc et al 21CV331445 PROOF 0F ELECTRONIC SERVICE PROPOSED ORDER 1. [am at least 1B years old and not a party to this action. a- My residence or business address is (specify): 73-745 El Paseo Dn've, Suite 125, Palm Desert, CA 92260 b. My electronic service address is (specify):mkinney@lbtglaw.com 2, | electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF fonnat attached, and a proposed order in an editable word-processing format as foilows: a. On (name ofperson served) (If the person served is an aflomey, the party or parties represented should also be stated): Kevin Moore b. To (electronfc service address ofperson served): kmoore@genflora.corn c. On (date): 1.4.22 E Electronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the proposed order in an editable word-processing format on additional persons are described in an attachment. I declare under penalty of perjury under the laws of the State of California that the foregoing is tme and correct. Date: 1.4.22 geg‘flfl‘ Michael W. Kinney > W K ? awe 0R PRtNr NAME 0F DECLARANn (SIGNATURE 0F necummfi EF$°2° [RGV- February 1. 2°17] PROPOSED ORDER (COVER SH EET) P38“ 2 °” (Electronic Filing) 10 11 12 l3 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LITIGATION AND BUSINESS LAW GROUP, INC. Michael W. Kinney, Esq. (106781) 73-745 E1 Paseo Drive, Suite 12B Palm Desert, California 92260 Telephone: 949.285.1064 Email: mkinnev@lblglaw.com Attorneys for Plaintiff PODTRONIX INC., a corporation Filed January 12, 2022 Clerk of the Court Superior Court of CA County of Santa Clara 21CV381445 By: RNguyen SUPERIOR COURT OF THE STATE 0F CALIFORNIA COUNTY 0F SANTA CLARA PODTRONIX INC., a corporation Plaintiff V. RELEAF PROCESSING LLC. aka GENFLORA PROCESSING LLC., a Delaware limited liability company; RELEAF ) FARMING LLC, aka GENFLORA ) FARMING, LLC., a Delaware limited liability ) company; RELEAF GREENHOUSES LLC., ) aka GENFLORA GREENHOUSES LLC, a ) Delaware limited liability company; RELEAF ) HOLDINGS LLC aka as GENFLORA ) HOLDINGS LLC., a Delaware limited liability) company; RELEAF LLC., aka GENFLORA ) LLC., a Delaware limited liability company; ) RELEAF MANAGER LLC., aka GENFLORA) MANAGER LLC, a Delaware limited liability ) company; RELEAF QOZB LLC aka ) GENFLORA QOZB LLC., a Delaware limited) liability company; RELEAF SALES LLC aka ) GENFLORA SALES LLC., a Delaware ) limited liability company GARDEN GATE TOWER LLC., a limited liability company; UVMJVVM-Jv ) ) ) )Defendants Case No. 210v38 1445 (PRGPGSEB) ORDER 0N EX PARTE APPLICATION PURSUANT T0 CODE OF CIVIL PROCEDURE SECTION 473(B)T0 BE RELEIEVED FROM ORDER DISMISSING CASE (PROPOSED) ORDER ON EX PARTE APPLICATION TO BE RELEIEVED FROM ORDER DISMISSING CASE WITHOUT PREJUDICE 10 11 12 13 14 15 16 l7 19 20 21 22 23 24 25 26 27 28 The ex parte application of Plaintifi, Podtronix Inc, pursuant to Code of Civil Procedure sectior'L 473(b) for relief fi'om this court’s December 2, 2021 order dismissing this case without prejudice (“Order”) was duly presented to and considered by this court. Based on the application and the evidence presented therein and good cause appearing therefore it is hereby ordered as follows: 1. The ex parte application is granted and this court’s December 2, 2021 order dismissing this case without prejudice is hereby set aside and the case restored to the active calendar. Dated: January _, 2022 Judge of the Santa Clara Superior Court (PROPOSED) ORDER ON EX PARTE APPLICATION TO BE RELEIEVED FROM ORDER DISMISSING CASE WITHOUT PREJUDICE Signed: 1/12/2022 08:03 AM A CASE MANAGEMENT CONFERENCE IS SET FOR 4/12/2022 AT 10 A.M. IN DEPARTMENT 19. PLAINTIFF IS ORDERED TO PROVIDE NOTICE TO ALL PARTIES Peter H. Kirwan
