No Value: Smith vs Torrez

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                                1   ROBERT C. HOLTZAPPLE, ESQ. (SBN 145954)
     EPSTEIN HOLTZAPPLE CHRISTO LLP
 2   999 Fifth Avenue, Suite 420
     San Rafael, CA 94901
 3   Tel: (628) 240-3854
     bob@ehc.law
 4
     ANNE E. LINDER, ESQ. (pro hac vice forthcoming)
 5   DANIEL A. GROSSMAN, ESQ. (pro hac vice forthcoming)
     ZVMLAW PLLC
 6   777 East Eisenhower Parkway, Suite 910
     Ann Arbor, Michigan, 48108
 7   Tel: (734) 794-3070
     anne@zvmlaw.com
 8   danny@zvmlaw.com
 9   Attorneys for Plaintiffs
10                      SUPERIOR COURT OF THE STATE OF CALIFORNIA
11                                        COUNTY OF SONOMA
12   THOMAS SMITH, an individual; and                        Case No. SCV-272627
13   SERIOUS POD LLC, individually and
     derivatively on behalf of OPENING
14   ARGUMENTS MEDIA LLC, a California limited               NOTICE OF MOTION AND MOTION
     liability company,                                      TO APPOINT RECEIVER
15
                   Plaintiffs,
16          v.                                                Date: November 8, 2023
                                                              Time: 3:00 p.m.
17                                                            Dept.: Courtroom 17
     PHILLIP ANDREW TORREZ, an individual;
18   and DOES 1-10,                                           Judge: Hon. Bradford DeMeo

19                 Defendants,
                                                              Complaint Filed: February 14, 2023
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            and
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     OPENING ARGUMENTS MEDIA LLC, a
22   California limited liability company, and
     OPENING ARGUMENTS FOUNDATION INC.,
23   a California nonprofit corporation,
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                     Nominal Defendants.
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             Thomas Smith, et al. vs. Phillip Andrew Torrez, et al., Sonoma County Case No. SCV-272627
                          NOTICE OF MOTION AND MOTION TO APPOINT RECEIVER
1           TO ALL PARTIES AND COUNSEL:

2           YOU ARE HEREBY NOTIFIED that on November 8, 2023, at 3:00 p.m., or as soon

3    thereafter as the matter made be heard, in Courtroom 17 of the above-captioned court,

4    Plaintiffs Thomas Smith (“Mr. Smith”) and Serious Pod LLC (“Serious Pod”) (collectively,

5    “Plaintiffs”), by and through their counsel, will, and hereby do, move for the appointment of a

6    receiver to oversee the operations of Nominal Defendant Opening Argument Media LLC (the

7    “Company”) and exercise control of Company assets during the pendency of this litigation.

8           This motion is based upon California Code Civil Procedure section 564, on the

9    grounds that: (1) Plaintiffs have at least a probable right or interest in property that is in
10   danger of its being lost or destroyed or misappropriated; and (2) the role of the appointed
11   receiver would be clearly defined.
12          This motion is further based upon the attached Memorandum of Points and
13   Authorities, the Declarations of Plaintiff Thomas Smith, Plaintiffs’ counsel Anne Linder and
14   proposed Receiver Yvette d’Entremont, the other pleadings and records in this matter, and
15   upon such further evidence and argument as may be presented prior to or at the time of
16   hearing on the motion.
17

18   Dated: October 13, 2023              EPSTEIN HOLTZAPPLE CHRISTO LLP
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                                                  By: ___________________________
21                                                       Robert C. Holtzapple

22                                                COUNSEL FOR PLAINTIFFS
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             Thomas Smith, et al. vs. Phillip Andrew Torrez, et al., Sonoma County Case No. SCV-272627
                          NOTICE OF MOTION AND MOTION TO APPOINT RECEIVER