Declaration of Sondors.insupportOfOpposition.injunctiveRelief
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -- SC124023 DECLARATION OF SONDORS IN SUPPORT OF OPPOSITION TO APPLICATION FOR INJUNCTIVE RELIEF, OR ALTERNATIVELY, A PREJUDGMENT WRIT OF ATTACHMENT LEWIS KOHN & WALKER, LLP KENT M. WALKER (173700) [email protected] 15030 Avenue of Science, Suite 201 San Diego, CA 92128 Phone: (858) 436-1333 Fax: (858) 436-1349 Attorneys for Defendants PACIFIC STORM, INC. and STORM SONDORS SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES SANTA MONICA DIVISION C.O. ENTERPRISES, INC. dba AGENCY 2.0, Plaintiff, v. PACIFIC STORM, INC. dba STORM E-BIKE dba SONDORS E-BIKE, a Delaware corporation; IVARS SONDORS aka STORM SONDORS, an individual; JON HOPP, an individual; and DOES 1-100, inclusive, Defendant. CASE NO.: SC124023 Hon. Nancy L. Newman DECLARATION OF STORM SONDORS IN SUPPORT OF DEFENDANTS PACIFIC STORM, INC.’S AND STORM SONDORS’ OPPOSITION TO PLAINTIFF AGENCY 2.0’S APPLICATION FOR INJUNCTIVE RELIEF, OR ALTERNATIVELY, A PREJUDGMENT WRIT OF ATTACHMENT Complaint filed: April 9, 2015 Hearing Date: May 6, 2015 Hearing Time: 8:30 a.m. Dept.: WEP, Ctrm. P //// //// ////
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DECLARATION OF STORM SONDORS IN SUPPORT OF DEFENDANTS PACIFIC STORM, INC.’S AND STORM SONDORS’ OPPOSITION TO PLAINTIFF AGENCY 2.0’S APPLICATION FOR INJUNCTIVE RELIEF, OR ALTERNATIVELY, A PREJUDGMENT WRIT OF ATTACHMENTComplaint filed: April 9, 2015
Transcript of Declaration of Sondors.insupportOfOpposition.injunctiveRelief
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-- SC124023 DECLARATION OF SONDORS IN SUPPORT OF OPPOSITION TO APPLICATION FOR INJUNCTIVE RELIEF,
OR ALTERNATIVELY, A PREJUDGMENT WRIT OF ATTACHMENT
LEWIS KOHN & WALKER, LLP KENT M. WALKER (173700) [email protected] 15030 Avenue of Science, Suite 201 San Diego, CA 92128 Phone: (858) 436-1333 Fax: (858) 436-1349 Attorneys for Defendants PACIFIC STORM, INC. and STORM SONDORS
SUPERIOR COURT OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES
SANTA MONICA DIVISION
C.O. ENTERPRISES, INC. dba AGENCY 2.0,
Plaintiff, v. PACIFIC STORM, INC. dba STORM E-BIKE dba SONDORS E-BIKE, a Delaware corporation; IVARS SONDORS aka STORM SONDORS, an individual; JON HOPP, an individual; and DOES 1-100, inclusive,
Defendant.
CASE NO.: SC124023
Hon. Nancy L. Newman
DECLARATION OF STORM SONDORS IN SUPPORT OF DEFENDANTS PACIFIC STORM, INC.’S AND STORM SONDORS’ OPPOSITION TO PLAINTIFF AGENCY 2.0’S APPLICATION FOR INJUNCTIVE RELIEF, OR ALTERNATIVELY, A PREJUDGMENT WRIT OF ATTACHMENT
Complaint filed: April 9, 2015
Hearing Date: May 6, 2015 Hearing Time: 8:30 a.m. Dept.: WEP, Ctrm. P
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- 1 - SC124023 DECLARATION OF SONDORS IN SUPPORT OF OPPOSITION TO APPLICATION FOR INJUNCTIVE RELIEF,
OR ALTERNATIVELY, A PREJUDGMENT WRIT OF ATTACHMENT
I, STORM SONDORS, declare as follows:
1. I am an authorized representative of Defendant Pacific Storm, Inc. and
authorized to speak on its behalf. This declaration is in support of Defendants Pacific
Storm, Inc.’s and Storm Sondors’ opposition to Plaintiff’s Ex Parte Application for
an Order to Show Cause and Temporary Restraining Order and/or attachment
(“Motion”). Each of the facts stated herein are based on my own personal knowledge.
If called to testify, I could and would competently testify to each of the following
facts.
2. Pacific Storm, Inc. is using the funds raised via the Indiegogo funding
campaign that is the subject of Plaintiff’s Motion to manufacture and prepare to ship
the eBikes ordered by backers of the campaign. There are thousands of backers and
about 10,000 eBikes on order from that campaign. The target for first deliveries of
eBikes is in May 2015. I am currently in China working on the manufacture of the
eBikes. Exhibit A hereto includes excerpts of pictures posted to
https://www.indiegogo.com/projects/sondors-electric-bike as updates to backers
regarding this production process, including pictures of the bikes in production and
some pictures of me. If Pacific Storm, Inc. is not able to access and use the Indiegogo
funds, then that will prevent the manufacture and distribution of the eBikes to such
backers.
3. John Hopp is not an officer, director or other authorized representative
of Pacific Storm, Inc. John Hopp has not received funding from the Indiegogo.com
campaign that is the subject of Plaintiff’s Motion. Mr. Hopp was not authorized to
sign the agreement asserted by Plaintiff on behalf of Pacific Storm, Inc.
4. Not all of the Indiegogo.com funding has been disbursed from the
campaign. Pacific Storm, Inc. has paid Plaintiff $190,000. Plaintiff has failed to
provide information and services necessary for the campaign. Pacific Storm, Inc.
disputes any further amount it may owe Plaintiff.
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- 3 -
Exhibit A
