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ROBERT C. HOLTZAPPLE, ESQ. (SBN 145954)
EPSTEIN HOLTZAPPLE CHRISTO LLP
999 Fifth Avenue, Suite 420
San Rafael, CA 94901
Tel: (628) 240-3854
bob@ehc.law
ANNE E. LINDER, ESQ. (pro hac vice forthcoming)
DANIEL A. GROSSMAN, ESQ. (pro hac vice forthcoming)
ZVMLAW PLLC
777 East Eisenhower Parkway, Suite 910
Ann Arbor, Michigan, 48108
Tel: (734) 794-3070
anne@zvmlaw.com
danny@zvmlaw.com
Attorneys for Plaintiffs
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SONOMA
ZNo 12 THOMAS SMITH, an individual; and Case No. SCV-272627
or
ugk
13 SERIOUS POD LLC, individually and
For
ma derivatively on behalf of OPENING
14 ARGUMENTS MEDIA LLC, a California limited EX PARTE APPLICATION OF
liability company, PLAINTIFFS FOR LEAVE TO CONDUCT
-—
——
15 EXPEDITED DISCOVERY RELEVANT TO
Plaintiffs, DEFENDANT PHILLIP ANDREW
LL 16 Vv. TORREZ’S MOTION TO STRIKE
PORTIONS OF AMENDED COMPLAINT;
17
PHILLIP ANDREW TORREZ, an individual; DECLARATION OF THOMAS SMITH;
18 and DOES 1-10, DECLARATION OF ANNE E. LINDER;
PROPOSED ORDER
19 Defendants,
[Cal. R. Ct., R. 3.1200 and R. 7.55;
20 Sonoma Cty. L.R., 5.6]
and
21
OPENING ARGUMENTS MEDIA LLC, a EX PARTE MATTER
22 California limited liability company, and Date: June 20, 2023
OPENING ARGUMENTS FOUNDATION INC., Time: 10:30 a.m.
23 a California nonprofit corporation, Dept.: 17
Judge: Hon. Bradford DeMeo
24
Nominal Defendants.
25
26
27
Page I! of 3
Thomas Smith, et al. vs. Phillip Andrew Torrez, et al., Sonoma County Case No. SCV-272627
28 EX PARTE APPLICATION OF PLAINTIFFS FOR LEAVE TO CONDUCT EXPEDITED DISCOVERY
RELEVANT TO DEFENDANT PHILLIP ANDREW TORREZ’S MOTION TO STRIKE PORTIONS OF
AMENDED COMPLAINT; DECLARATION OF THOMAS SMITH; DECLARATION OF ANNE E. LINDER;
PROPOSED ORDER
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that Plaintiffs Thomas Smith (“Smith”) and Serious Pod LLC
(“Serious Pod”) (collectively, “Plaintiffs”), through their counsel, will move by way of ex parte
application at the above cntled Court, located at 3035 Cleveland Avenue, Santa Rosa,
California 95403, on June 20, 2023, at 10:30 AM, in Department 17, or as soon thereafter as
the matter may be heard, for leave to conduct limited, expedited discovery for the purpose of
obtaining documents that are highly relevant to the claims Defendant Phillip Andrew Torrez
(‘Torrez”) makes in his Motion to Strike Portions of Amended Complaint (the “Anti-SLAPP
10 Motion”). Specifically, Plaintiffs seek an order compelling Torrez to produce documents
11
responsive to the two narrow requests for production found in Exhibit A to the enclosed
ZN 12
ZNo
ugk Proposed Order. Plaintiffs further ask that the Court set the schedule found in the enclosed
For 13
aie& Proposed Order for conducting the expedited discovery and briefing the Anti-SLAPP Motion.
©-- 14
15 In the alternative, Plaintiffs ask that this ex parte application be deemed a motion to seek
—_
LL 16 leave to serve the requests for production found in Exhibit A to the enclosed Proposed Order,
17 and to adopt the briefing schedule set out in the alternative section of the enclosed Proposed
18
Order. In the alternative, should the Court deny the instant application, Plaintiffs ask that the
19
Court stay the deadline for Plaintiffs to file their opposition to the Anti-SLAPP Motion until 10
20
court days following the Court's issuance of a decision on this application.
21
This ex parte application is made pursuant to California Rules of Court 3.1200, et seq.,
22
23 California Code of Civil Procedure § 2031.020(d), and Sonoma County Local Rule 5.6, and
24 is based on this ex parte application, the Declaration of Robert C. Holtzapple, served and
25 filed concurrently herewith, on the records and files of this Court, on the grounds listed below,
26
and
27 Page 2 of 3
Thomas Smith, et al. vs. Phillip Andrew Torrez, et al., Sonoma County Case No. SCV-272627
28 EX PARTE APPLICATION OF PLAINTIFFS FOR LEAVE TO CONDUCT EXPEDITED DISCOVERY
RELEVANT TO DEFENDANT PHILLIP ANDREW TORREZ’S MOTION TO STRIKE PORTIONS OF
AMENDED COMPLAINT; DECLARATION OF THOMAS SMITH; DECLARATION OF ANNE E. LINDER;
PROPOSED ORDER
on such evidence as may be presented at the hearing of this application.
Identification of Attorneys/Parties, Cal. R. Ct., R. 3.1202(a)
Defendants are represented by:
William J. O’Brien
One LLP
400 Corporate Pointe #300
Culver City, CA 90230
(310) 866-5158
Disclosure of Previous Applications, Cal. R. Ct., R. 3.1202(b)
9 No prior ex parte applications of the same character or for the same relief have
10 previously been made or refused in this matter.
ll
Opposition to Application, Cal. R. Ct,. R. 3.1204(a)(2)
12
ZNo
ue Defendant Phillip Andrew Torrez has indicated that he will oppose the application.
Foe 13
are
As further affirmed by the Declaration of Anne E. Linder in Support of this ex parte
O 14
=
=
15 application, Plaintiffs provided notice by email correspondence of this ex parte application
LL 16 and its request for relief on June 15, 2023, at 5:25 PM PST, to William J. O’Brien, Esq.,
17 Attorney for Torrez, at wobrien@onellp.com.
18 Respectfully submitted,
Dated: June 19, 2023
19
EPSTEIN HOLTZAPPLE CHRISTO LLP
20
21
3
Lid Begg
Robert C. Holtzapple
23 COUNSEL FOR PLAINTIFFS
24
25
26
27
Page 3 of 3
Thomas Smith, et al. vs. Phillip Andrew Torrez, et al., Sonoma County Case No. SCV-272627
28 EX PARTE APPLICATION OF PLAINTIFFS FOR LEAVE TO CONDUCT EXPEDITED DISCOVERY
RELEVANT TO DEFENDANT PHILLIP ANDREW TORREZ’S MOTION TO STRIKE PORTIONS OF
AMENDED COMPLAINT; DECLARATION OF THOMAS SMITH; DECLARATION OF ANNE E. LINDER;
PROPOSED ORDER
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ROBERT C. HOLTZAPPLE, ESQ. (SBN 145954) EPSTEIN HOLTZAPPLE CHRISTO LLP 999 Fifth Avenue, Suite 420 San Rafael, CA 94901 Tel: (628) 240-3854 bob@ehc.law ANNE E. LINDER, ESQ. (pro hac vice forthcoming) DANIEL A. GROSSMAN, ESQ. (pro hac vice forthcoming) ZVMLAW PLLC 777 East Eisenhower Parkway, Suite 910 Ann Arbor, Michigan, 48108 Tel: (734) 794-3070 anne@zvmlaw.com danny@zvmlaw.com Attorneys for Plaintiffs 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SONOMA ZNo 12 THOMAS SMITH, an individual; and Case No. SCV-272627 or ugk 13 SERIOUS POD LLC, individually and For ma derivatively on behalf of OPENING 14 ARGUMENTS MEDIA LLC, a California limited EX PARTE APPLICATION OF liability company, PLAINTIFFS FOR LEAVE TO CONDUCT -— —— 15 EXPEDITED DISCOVERY RELEVANT TO Plaintiffs, DEFENDANT PHILLIP ANDREW LL 16 Vv. TORREZ’S MOTION TO STRIKE PORTIONS OF AMENDED COMPLAINT; 17 PHILLIP ANDREW TORREZ, an individual; DECLARATION OF THOMAS SMITH; 18 and DOES 1-10, DECLARATION OF ANNE E. LINDER; PROPOSED ORDER 19 Defendants, [Cal. R. Ct., R. 3.1200 and R. 7.55; 20 Sonoma Cty. L.R., 5.6] and 21 OPENING ARGUMENTS MEDIA LLC, a EX PARTE MATTER 22 California limited liability company, and Date: June 20, 2023 OPENING ARGUMENTS FOUNDATION INC., Time: 10:30 a.m. 23 a California nonprofit corporation, Dept.: 17 Judge: Hon. Bradford DeMeo 24 Nominal Defendants. 25 26 27 Page I! of 3 Thomas Smith, et al. vs. Phillip Andrew Torrez, et al., Sonoma County Case No. SCV-272627 28 EX PARTE APPLICATION OF PLAINTIFFS FOR LEAVE TO CONDUCT EXPEDITED DISCOVERY RELEVANT TO DEFENDANT PHILLIP ANDREW TORREZ’S MOTION TO STRIKE PORTIONS OF AMENDED COMPLAINT; DECLARATION OF THOMAS SMITH; DECLARATION OF ANNE E. LINDER; PROPOSED ORDER TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Plaintiffs Thomas Smith (“Smith”) and Serious Pod LLC (“Serious Pod”) (collectively, “Plaintiffs”), through their counsel, will move by way of ex parte application at the above cntled Court, located at 3035 Cleveland Avenue, Santa Rosa, California 95403, on June 20, 2023, at 10:30 AM, in Department 17, or as soon thereafter as the matter may be heard, for leave to conduct limited, expedited discovery for the purpose of obtaining documents that are highly relevant to the claims Defendant Phillip Andrew Torrez (‘Torrez”) makes in his Motion to Strike Portions of Amended Complaint (the “Anti-SLAPP 10 Motion”). Specifically, Plaintiffs seek an order compelling Torrez to produce documents 11 responsive to the two narrow requests for production found in Exhibit A to the enclosed ZN 12 ZNo ugk Proposed Order. Plaintiffs further ask that the Court set the schedule found in the enclosed For 13 aie& Proposed Order for conducting the expedited discovery and briefing the Anti-SLAPP Motion. ©-- 14 15 In the alternative, Plaintiffs ask that this ex parte application be deemed a motion to seek —_ LL 16 leave to serve the requests for production found in Exhibit A to the enclosed Proposed Order, 17 and to adopt the briefing schedule set out in the alternative section of the enclosed Proposed 18 Order. In the alternative, should the Court deny the instant application, Plaintiffs ask that the 19 Court stay the deadline for Plaintiffs to file their opposition to the Anti-SLAPP Motion until 10 20 court days following the Court's issuance of a decision on this application. 21 This ex parte application is made pursuant to California Rules of Court 3.1200, et seq., 22 23 California Code of Civil Procedure § 2031.020(d), and Sonoma County Local Rule 5.6, and 24 is based on this ex parte application, the Declaration of Robert C. Holtzapple, served and 25 filed concurrently herewith, on the records and files of this Court, on the grounds listed below, 26 and 27 Page 2 of 3 Thomas Smith, et al. vs. Phillip Andrew Torrez, et al., Sonoma County Case No. SCV-272627 28 EX PARTE APPLICATION OF PLAINTIFFS FOR LEAVE TO CONDUCT EXPEDITED DISCOVERY RELEVANT TO DEFENDANT PHILLIP ANDREW TORREZ’S MOTION TO STRIKE PORTIONS OF AMENDED COMPLAINT; DECLARATION OF THOMAS SMITH; DECLARATION OF ANNE E. LINDER; PROPOSED ORDER on such evidence as may be presented at the hearing of this application. Identification of Attorneys/Parties, Cal. R. Ct., R. 3.1202(a) Defendants are represented by: William J. O’Brien One LLP 400 Corporate Pointe #300 Culver City, CA 90230 (310) 866-5158 Disclosure of Previous Applications, Cal. R. Ct., R. 3.1202(b) 9 No prior ex parte applications of the same character or for the same relief have 10 previously been made or refused in this matter. ll Opposition to Application, Cal. R. Ct,. R. 3.1204(a)(2) 12 ZNo ue Defendant Phillip Andrew Torrez has indicated that he will oppose the application. Foe 13 are As further affirmed by the Declaration of Anne E. Linder in Support of this ex parte O 14 = = 15 application, Plaintiffs provided notice by email correspondence of this ex parte application LL 16 and its request for relief on June 15, 2023, at 5:25 PM PST, to William J. O’Brien, Esq., 17 Attorney for Torrez, at wobrien@onellp.com. 18 Respectfully submitted, Dated: June 19, 2023 19 EPSTEIN HOLTZAPPLE CHRISTO LLP 20 21 3 Lid Begg Robert C. Holtzapple 23 COUNSEL FOR PLAINTIFFS 24 25 26 27 Page 3 of 3 Thomas Smith, et al. vs. Phillip Andrew Torrez, et al., Sonoma County Case No. SCV-272627 28 EX PARTE APPLICATION OF PLAINTIFFS FOR LEAVE TO CONDUCT EXPEDITED DISCOVERY RELEVANT TO DEFENDANT PHILLIP ANDREW TORREZ’S MOTION TO STRIKE PORTIONS OF AMENDED COMPLAINT; DECLARATION OF THOMAS SMITH; DECLARATION OF ANNE E. LINDER; PROPOSED ORDER