HomeMy WebLinkAbout21CV-0734 - Writ Exhibits Vol 2 of 2 finalpdfELECTRONICALLY
RECEIVED
4/1 /2022 4:43 PM
IN THE COURT OF APPEAL OF THE STATE OF
CALIFORNIA
IN AND FOR THE SECOND APPELLATE DISTRICT
DIVISION 6
Court of Appeal
No.
Superior Court
No.21-CV—0734
Exhibits to Petition for Writ of
Mandamus /Prohibition/Other Relief
File 2 of 2,Volumes 2 of 2,pp.244-315
Honorable Rita Federman,Judge
San Luis Obispo Superior Court
Department 2
John Armstrong,
Bar No.183912
Armstrong LawGroupAfi|8,2022
Tp Judge Federman 23232 Peralta Drive,Suite 102
m5 04/11/2022 Laguna Hills,CA 92653
R_e iew'Date/Initial Tel.949-942-6069
Cel.949-390-4307
John @ArmstrongLawGrouDCo
John @ArmstrongLawCrom
Attorney for Petitioner and
Petitioner,NHC SLO,LLC
000244
NHC SLO,LLC
Petitioner and Petitioner
versus
San Luis Obispo Superior Court
Respondent.
City of San Luis Obispo,Real Party
in Interest
MASTER CHRONOLOGICAL INDEX
EXHIBIT
NO.
DESCRIPTION DATE VOLUME PAGE
NO.
1
Petition for Writ of
Mandamus (Petitioner)
12/23/2021 1
2
Ex Parte Application for
TRO/Specially Set Hearing on
Preliminary Injunction to
Enable NHC SLO, LLC to
Operate (Petitioner)
1-28-2022 1
3
Opposition to Ex Parte
Application (Respondent)
1-28-2022 1
4
Evidentiary Objections
Respondent)
1-28-2022 1
5
Requests for Judicial Notice
Respondent)
1-28-2022 1
6
Declaration of Attorney
Christine Dietrick
1-28-2022 1
7
Declaration of Attorney Daniel
Richards
1-28-2022 2
8
Declaration of Chad Pfarr
1-28-2022 2
9
Declaration Michael Codron
1-28-2022 2
10
Order Denying Ex Parte Relief
Based on Legal Finding City of
San Luis Obispo Authorized to
Revoke Issued License Under
Its City Municipal Code
2-1-2022 2
247
255
267
310
000245
ALPHABETICAL INDEX
EXHIBIT
NO.
DESCRIPTION DATE VOLUME PAGE
NO.
6
Declaration of Chad Pfarr
12/23/2021 2
7
Declaration of Attorney
Christine Dietrick
1-28-2022 2
8
Declaration of Daniel
Richards
1-28-2022 2
9
Declaration of Michael
Codron
1-28-2022 2
4
Evidentiary Objections
1-28-2022 1
2
Ex Parte Application
1-28-2022 1
3 Opposition to Ex Parte
Application
1-28-2022 1
10
Order Denying Ex Parte Relief
Based on Legal Finding City of
San Luis Obispo Authorized to
Revoke Issued License Under
Its City Municipal Code
2-1-2022 2
1
Petion for Writ of
Mandamus/Prohibitions
12-31-2021 1
9
Requests for Judicial Notice
1-28-2022 1
255
236
247
267
191
153
171
310
4
199
000246
1 -
DECLARATION OF DANIEL L. RICHARDS IN SUPPORT OF OPPOSITION TO EX PARTE APPLICATION
FOR TRO AND OSC RE: PRELIMINARY INJUNCTION
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
BEST BEST & KRIEGER LLPATTORNEYS AT LAW18101VON
KARMAN AVENUE, SUITE
1000IRVINE, CALIFORNIA 92612JEFFREY V. DUNN, Bar
No. 131926 jeffrey.
dunn@bbklaw.com DANIEL L.
RICHARDS, Bar No. 315552 daniel.richards@bbklaw.
com BEST BEST &
KRIEGER LLP 18101 Von
Karman Avenue, Suite 1000
Irvine, California 92612 Telephone: (949) 263-2600 Facsimile: (
949) 260-0972 Attorneys for Defendants and Respondents City of San
Luis Obispo and City Council of and for
the City of San Luis
Obispo EXEMPT FROM FILING FEES PURSUANT TO
GOVERNMENT CODE SECTION 6103 SUPERIOR
COURT OF THE
STATE OF CALIFORNIA
COUNTY
OF SAN LUIS OBISPO NHC SLO,
LLC,Petitioner and Plaintiffs, v. CITY OF SAN
LUIS OBISPO; CITY COUNCIL OF AND
FOR
THE CITY
OF
SAN LUIS OBISPO; AND
DOES 1-10,
INCLUSIVE, Defendants and Respondents.
Case No. 21CV-0734
Judge: Rita Federman DECLARATION
OF DANIEL L. RICHARDS IN SUPPORT
OF OPPOSITION TO
PLAINTIFF NHC SLO, LLC’S
EX PARTE APPLICATION
FOR
TEMPORARY RESTRAINING ORDER AND
ORDER TO SHOW CAUSE RE:
PRELIMINARY INJUNCTION
Date:
January
31, 2022 Time: 8:30 a.
m.
2 -
DECLARATION OF DANIEL L. RICHARDS IN SUPPORT OF OPPOSITION TO EX PARTE APPLICATION
FOR TRO AND OSC RE: PRELIMINARY INJUNCTION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
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19
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BEST BEST & KRIEGER LLPATTORNEYS AT
LAW18101VON KARMAN AVENUE, SUITE 1000IRVINE, CALIFORNIA 92612DECLARATION
OF DANIEL L. RICHARDS I, Daniel L. Richards, declare as follows: 1. I am an attorney at
law licensed to practice in the State of California, and an associate in the law
firm of Best Best & Krieger LLP, attorney for Defendants and Respondents City of San Luis Obispo and City
Council of and for the City of San Luis Obispo, (“Defendants”) in the above-captioned case. I
have personal knowledge of the following facts, and if
called to testify thereto, I could and would do so competently. 2. On January 25, 2022, I was
provided by the City Clerk of the City of San Luis Obispo an electronic version
of a certified copy of San Luis Obispo Municipal Code Chapter 9.10, “Cannabis Regulations.” A hard copy
of this document has been mailed to my office, and it will be kept on file at
my office. Additionally, San Luis Obispo Municipal Code Chapter 9.10, Cannabis Regulations,”
is available online at https://sanluisobispo.municipal.codes/Code/9.10. Attached to the concurrently filed Request
for Judicial Notice as Exhibit 1 is a true and correct certified copy
of San Luis Obispo Municipal Code Chapter 9.10, “Cannabis Regulations.” 3. On January 25, 2022, I was
provided by the City Clerk of the City of San Luis Obispo an electronic version
of a certified copy of San Luis Obispo Municipal Code Section 17.86.080, “Cannabis.” A hard copy of this
document has been mailed to my office, and it will be kept on file at my
office. Additionally, San Luis Obispo Municipal Code Section 17.86.080, Cannabis,” is
available online at https://sanluisobispo.municipal.codes/Code/17.86.070. Attached to the concurrently filed Request
for Judicial Notice as Exhibit 2 is a true and correct certified copy
of San Luis Obispo Municipal Code Section 17.86.080, “Cannabis.” 4. On January 25,
2022, I logged onto my “PACER” account and navigated to the online docket for
United States of America v. Helios Raphael Dayspring, aka “Bobby Dayspring”United States District Court for the Central
District of California Case No. 2:21-cr-00343-AB. I then downloaded ECF
No. 16, Affidavit of Surety (No Justification). Attached to the concurrently filed Request for Judicial Notice as Exhibit
3 is a true and correct certified copy of Affidavit of Surety (No Justification),
filed
3 -
DECLARATION OF DANIEL L. RICHARDS IN SUPPORT OF OPPOSITION TO EX PARTE APPLICATION
FOR TRO AND OSC RE: PRELIMINARY INJUNCTION
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
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25
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BEST BEST & KRIEGER LLPATTORNEYS AT LAW18101VON KARMAN AVENUE, SUITE 1000IRVINE, CALIFORNIA 92612Dayspring, aka “
Bobby Dayspring” United States District Court for the Central District of
California Case No. 2:21-cr-00343-AB that I downloaded. 5. Plaintiff NHC SLO, LLC
served the City of San Luis Obispo with the summons on the Petition for Writ of Mandate
and Complaint on January 7, 2022. Attached hereto as Exhibit A is a true and correct copy of the summons that
was served on the City,
marked by the City Clerk as Received” on January 7, 2022. I declare under penalty of
perjury under the laws of the State of California that the forgoing is true and
correct. Executed this
28th day of January,
2022,
EXHIBIT A
000250
I
SUMMONS
CITACION JUDICIAL)
NOTICE TO DEFENDANT:
A VISO AL DEMANDADO):
RECEIVE D
JAN O7 2022
SLO CITY CLERK
City of San Luis Obispo; City Council of and for the City of San Luis Obispo; end DOES 1-10,
lnduslve
YOU ARE BEING SUED ·av PLAINTIFF:
LO ESTA DEMANDANDO EL DEMANDANTE):
NHCSLO, LLC
FOR COUR'f IJSE ONLY
f : (SOLO PARA USO DE LA CORTEJ
ELECTRONICALLY
FILED
12/23/2021 3:03 PM
s n Luis Ob1 up tior Court
P1mel1 Sttmber, 'oeputy Clerk
N Tl I You have been sued . The court may decide against you without your being heard un ess you respond within 30 ays. Read the In ormatlon
below.
You have 30 CALENDAR DAYS ~fter this summons and legal papers are served on you to file a written 1&sPonse et this court and have a copy
served on the plaintiff. A letter or phone call will not protect you . Your written response must be In proper legal form ff you want the court to hear your
case . There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts
Online Self-Help Center (www.courlinfo.ca .govlsslfhelp), your county law library, or the courthouse nearest you . If.you cannot pay the filing fee, ask the
court clerk for a fee waiver form . If you do not file your response on lime, you may lose the case by default , and your wages, money, and property may
be taken without further warning from the court.
There are other legal requirements. You may want to call an attorney right away . If you do not know an attorney , you may want to call an attorney
referral service. If you cannot afford an attorney , you may be ellglble for free legal services from a nonprofit legal services program . You Gan locate
these nonprofit groups at the California Legal Services Web site (www.lawhalpcslifomis.org), the Cafrfomia Courts Online Self-Help Center
www.courlfnfo.ca .govlselfhelp), or by contacting your local court or county bar association . NOTE : The court has a staMory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or more In a civ il case. The court's llen must be pakl before the court will dismiss the case.
1A VISOI Lo han demandsdo . Si no responde dfmtro de 30 dfas, Is corte pusde decidir en su contra sin escuchar su versl6n. Lea la tnformacl6n a
oonttnuscl6n.
Tisne 30 DIAS DE CALENDARIO d11spues de qw le entreguen esta oitaaion y papetes legates para presenter una respussta por escrito sn esta
corte y hacer que se ent18gue una copia al demandants. Una carte o una llamada telef(mics no lo prote(Jtlf). Su respuesta por escrlto 1/ene que ester
en formato legal convcto si desea que procesen su ceso en fa corle. Es poslbfs que haya un fonnulario quo usted pueda usar para su respuesta.
Puede encontrar eslos fonnularfos de la corta y mds lnformacl6n en el Centro de Ayuda de las Corle~ de California (www.suoorte.ca.gov), en fa
biblioteca de teyes de su condsdo o en la carte que le quede mds cerca. Si no puede psgsr Is cuota de presentscidn, pide al secreterio de la corte que
le dtJ un fomrularlo de exenc/6n de pago de cuotss. Si no presents su respueste a tiempo, puede perrier el caso por incumplimiento y la co,te le podra
qultsr su sueldo, dinero y bienes sin mds &dvei'tencle.
Hay otros requisitos legs/es. Es recomendsbla quo flame a un abogado lnmed/atamente. SI no conoce a un sbogado, puede 1/amar a un servtclo de
remisi6n a sbogados. SI no pued8 pagar a un abogado, es posible que ouinpla oon tos raquisitOs pars obtener ssrvicios legs/es gretuitos de un
programs de servicios tsgafes sin fines de lucro. Puede encontrar estos gropos sin fin11s de lucro en et sltio wab de Cef/fomla Legat Services,
www.lswhelpcslifomia .org), en el Centro de Ayuda de las Cortes de Callfomls, (www.sucorte.ca.gov) o ponl6f!doss en contacto con le carte o el
colegio de abogados locales. AV/SO: Par lay, la corte tiena de'9Cho a reclamar fas cuotas y los costos exentos por imponer un gravamen sobre
cuslqu/er recuperaclon de $10,000 o mas de velor recibida mediante un acueroo o una concesion de arbitraje en un caso de der,;cho civil. Tiena que
psgsr el gravamen de la corte antes de que la carte pu«Ja desechar el caso. ·
The name and address of the court is: CASE NUMBER: (Numero de/ Caso):
El nombre y direccion de la corte es): San Luis Obispo Superior Court 21 CV-0734
The name : address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nombre, la direcci6n y el numero
de tell}fono de/ abogado de/ demandante, o de/ demandante que no tiene abogado, es):
John Armstrong, Almstrong Law Group, 23232 Peralta Dr., Suite 102, Laguna Hills, CA 949-942·6
DATE: . Clerk, by
Fecha) 12/2312021 3:03 PM ls/Michael Powell (Secrets ~
For proof of service of this summons, use Proof of Seivice of Summons (form POS-0 · .
Para p,veba de entrega de esta citafi6n use el formulario Proof of Service of Summons, (POS-010)).
SEAL]
Form Adopted for MW!datory Uae
JUdlcllll Councll of Caffomia
SUM-100 (Re.-. July 1, 2009]
NOTICE TO THE PERSON SERVED: You are served
1. D as an individual defendant.
2. D as the person sued under the fictitious name of (specify):
3. G:J on behalf of (specify): City of San Luis Obispo
under: 0 CCP 416.10 (corporation)
D CCP 416.20 (defunct corporation)
D CCP 416.40 (association or partnership)
0 other (specify): government entity
4. D by personal delivery on (date):
SUMMONS
D CCP 416.60 (minor)
D CCP 416.70 {conservatee)
K] CCP 416.90 (authorized person)
Pa 1 of
Code of Civil Procecua 58 412.20, 465
www.c:ourla.ca.119V
000251
C~M=-..,-0~1~0
r ATTORNEf OR PARTY WJTHOVT ATTORNEY (NliJ'ne, State Bar number, and address):
John Annstrong, Bar No. I 83912
Armstrong Law Group
23232 Peralta Drive, Sute 102
Laguna Hills, CA 92653
TELEPHONE NO.: 949-942-6069 FAX NO.:
ATTORNEYFOR(NameJ: NHC SLO. LLC
SUPERIOR couRr OF CALIFORNIA, couNTY oF San Luis Obi spo
s TREET AD DREss: I 050 Monterey St, Sa n Lu\s Obj spo , CA 93408
MAJuNG Ao DRess: I 050 Monterey St, San Lms Obis po, CA 93408
c1TY AN0 21p coDE: San Luis Obispo 93408
BRANCH NAME San Luis Obispo Superior Court
CASE NAME :
NHC SLO, LLC vs City of San Luis Obispo; et al.
CIVIL CASE COVER SHEET Complex Case Designation
ZJ Unlimited D Limited D Counter D Joinder
Amount (Amount /
FOR COURT USE ONLY
ELECTRONICALLY FILED
12/23/2021 3:03 PM
San Luis O~upet~r Court
By ·~ ~~::.?:..--=:::;;;::::==-------1 ---.
Pamela Stembe<. Dep uty tlerk
CASE NUMBER:
21CV-0734
demanded demanded is
exceeds $25,000} $25,000 or less)
Filed with first appearance by defendant
Cal. Rules of Court, rule 3.402)
JUDGE:
DEPT:
Items 1-6 b elow must be completed (see mstruct,ons on page 2).
1. Check one box below for the case type that best describes this case :
Auto Tort
D Auto(22)
D Uninsured motorist (46)
Other PI/PD/WD (Personal Injury/Property
Damage/Wrongful Death) Tort
D Asbestos (04)
D Product liability (24)
D Medical malpractice (45)
D Other PI/PD/WD (23)
Non-Pl/PD/WO (Other) Tort
D Business torVunfair business practice (07)
D Civil rights (08)
D Defamation (13)
D Fraud(16)
Contract
D Breach of contracVwarranty (06)
D Rule 3.740 collections (09)
D Other collections (09)
D Insurance coverage (18)
D Other contract (37)
Real Property
D Eminent domain/Inverse
condemnation (14)
D Wrongful eviction (33)
D Other real property (26)
Unlawful Detainer
D Commercial (31)
D Residential (32)
D Drugs(38) D Intellectual property (19)
D Professional negligence (25) Judicial Review
D Other non-Pl/PD/WO tort (35) D Asset forfeiture (05 )
Employment D Petition re : arbitration award (11)
D Wrongful termination (36) [lJ Writ of mandate (02)
D Other employment ( 15) D Other judicia l review (39)
Provisionally Complex Civil Litigation
Cal. Rules of Court, rules 3.400-3.403)
D Antitrust!Trade regulation (03)
D Construction defect (10)
D Mass tort (40)
D Securities litigation (28)
D Environmental/Toxic tort (30)
D Insurance coverage claims arising from the
above listed provisionally complex case
types (41)
Enforcement of Judgment
D Enforcement of judgm ent (20)
Miscellaneous Civil Complaint
O RIC0(27)
D Other complaint (not specified above) (42)
Miscellaneous Civil Petition
D Partnership and corporate governance (21)
D Other petition (not specified above) (43)
2. This case LJ is LLJ is not complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a . D Large number of separately represented parties d. D Large number of witnesses
b. D Extensive motion practice raising difficult or novel e. D Coordination with related actions pending in one or more courts
issues that will be time-consuming to resolve in other counties. states, or countries. or in a federal court
c. D Substantial amount of documentary evidence f. D Substantial postjudgment judicial supervision
3. Remedies sought (check all that apply): a.O monetary b . [lJ nonmonetary; declaratory or injunctive relief c . D punitive
4. Number of causes of action (specify): Writ of Mandate/Prohibition; Declaratory and Injunctive Relief
5 . This case D is [lJ is not a class action suit.
6. If there are any known related cases. file and serve a notice of related case. (You may use form CM-015.)
Date: 12-21-2021
John Armstrong
TYPE OR PRINT NAME) (S IGNA rURE OF PARTY OR AnORNEY FOR PARTY)
NOTICE
Plaintiff must file this cover sheet with the first paper filed in the action or proceeding ( except small claims cases or cases filed
under the Probate Code. Family Code. or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
in sanctions.
File this cove r s heet in addition to any cover sheet requ ired by local court rule.
If this case is complex under rule 3.400 et seq. of the Cali fornia Rul es of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
Unless this is a collections case under rule 3 .740 or a complex case, this cover sheet will be used for statistical purposes onlv .
fSaao1 of 2
Form Adopted for Mandatory Use
Judicial Council of California
CM-010 IRev. July 1, 2007]
CIVIL CASE COVER SHEET Cal . Rules of Court, rules 2.30, 3.220, 3.400-3.403, 3.740;
Cal. Standards of Judicial Administratio n, std . 3.1O
www courtinfo.ca .gov
000252
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
CM-010
To Plaintiffs and Others Filing First Papers. If you are fil ing a first paper (for example, a complaint) in a civil case, you must
complete and file , along with your first paper, the Civil Case Cover Sheet contai ned on page 1. This information will be used to compile
statistics about the types and numbers of cases flied . You must complete items 1 through 6 on the sheet. In item 1, you must check
one box for the case type that best describes the case . If the case fits both a general and a more specific type of case listed in item 1,
check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court .
To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3 .740 is defined as an action for recovery of money
owed in a sum stated to be certain that is not more than $25 ,000, exclusive of interest and attorney's fees, arising from a transaction in
which property, services , or money was acquired on cred it. A collections case does not include an action seeking the following: (1) tort
damages, (2) punitrve damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The identification of a case as a rule 3 .740 collections c ase on this form means that it will be exempt from the general
time-for-service requirements and case management rules, unless a defendant files a responsive pleading . A rule 3 .740 collections
case will be subject to the requirements for service and obtaining a judgment in rule 3.740.
To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a Jo inder in the
plaintiff's designati on , a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that
the case is complex . CASE TYPES AND EXAMPLES
Auto Tort
Auto (22)-Personal Injury/Property
Damage/Wrongful Death
Uninsured Motorist (46) (if the
case involves an uninsured
motorist claim subject lo
arbitration, check ihis item
instead of Auto)
Other PIIPO/WD (Personal Injury/
Property Damage/Wrongful Death)
Tort
Asbestos (04 )
Asbestos Prop erty Damag e
Asbestos Personal Injury/
Wrongful Death
Product Liability (not asbestos or
toxic/environmental) (24)
Medical Malpractice (45)
Medical Malpractice-
Physicians & Surgeons
Other Professional Health Care
Malpractice
Other PI/PD/WD (23)
Premises Liability (e.g., slip
and fall)
Intentional Bod il y Injury/PD/WO
e .g., assault , vandalism)
Intentional Infliction of
Emotional Distress
Negl igent Infliction of
Emotional Distress
Other PI /PD/WD
Non-PI/PO/WD (Other) Tort
Business Tort/Unfair Business
Practice (07)
Civil Rights (e .g ., discrim ination,
false arrest) (not ci vil
harassment) (08)
Defamation (e.g., slander, libel)
13)
Fra ud (16)
Intellectual Property ( 19)
Professional Negligence (25)
Legal Malpractice
Other Professional Malpractice
not medical or legal)
Other Non-PI/PD/WD Tort (35)
Employment
Wrongful Termination (36)
Other Employment (15)
CM-01 O [Rev. July 1, 2007]
Contract
Breach of Contract/Warranty (06 )
Breach of Rental/Lease
Contract (not unlawful detainer
or wrongful eviction)
Contract/Warranty Brea ch-Seller
Plaintiff (not fraud or negligence)
Negligent Breach of Contract/
Warranty
Other Breach of Contract/Warranty
Collections (e.g., money owed, open
book accounts) (09)
Collection Case-Selle·r Plaintiff
Other Prom issory Note /Coll ections
Case
Insurance Coverage (not provisionally
complex) (18)
Auto Subrogation
Other Coverage
Other Contract (37)
Contractual Fraud
Other Contract Dispute
Real Property
Eminent Domain/Inverse
Condemnation (14)
Wrongful Ev iction (33)
Other Real Property (e .g ., quiet titl e) (26)
Writ of Possess ion of Real Property
Mortgage Foreclosure
Qu iet Title
Other Real Property (not eminent
domain, landlord/tenant, or
foreclosure)
Unlawful Detainer
Commercial (31)
Res idential (32)
Drugs (38) (if the case involves illegal
drugs, check this Item; otherwise,
report as Commercial or Residential)
Judicial Review
Asset Forfeiture (05)
Petition Re : Arbitration Award (11)
Writ of Mandate (02)
Wr it-Administrative Mandamus
Writ-Mandamus on Limited Court
Case Matter
Writ-Other Limited Court Case
Review
Other Judicial Rev iew (39)
Review of Health Officer Order
Notice of Appeal-Labor
Commissioner Appeals
CIVIL CASE COVER SHEET
Provisionally Complex Civil Litigation (Cal.
Rules of Court Rules 3.400-3.403)
Antitrust/Trade Regulation (03 )
Construction Defect ( 10)
Claims Involving Mass Tort (40)
Securities Litigation (28)
Environmental!Toxic Tort (30)
Insurance Coverage Claims
arising from provisionally complex
case type listed above) (41)
Enforcement of Judgment
Enforcement of Judgment (20)
Abstract of Judgment (Out of
County)
Confession of Judgment (non-
domestic relations)
Sister State Judgment
Administrative Agency Award
not unpaid taxes)
Petition/Certification of Entry of
Judgment on Unpaid Taxes
Other Enforcement of Judgment
Case
Miscellaneous Civil Complaint
RICO (27)
Other Compla int (not specified
above) (42)
Declaratory Relief Only
Injunctive Relief Only (non-
ha ra ssment)
Mechanics Lien
Other Commercial Complaint
Case (non-Cort/non-complex)
Other Civil Complaint
non-fort/non-complex)
Miscellaneous Civil Petition
Partnersh ip and Corporate
Governance (21)
Other Petition (not specified
above) (43)
Civil Harassment
Workplace Violence
Elder/Dependent Adult
Abuse
Election Contest
Petition for Name Change
Petition for Relief From Late
Claim
Other Civil Petition
Page 2 of 2
000253
PROOF OF SERVICE
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BEST BEST & KRIEGER LLPATTORNEYS AT LAW18101VON
KARMAN AVENUE, SUITE 1000IRVINE, CALIFORNIA 92612Proof of Service By Overnight Delivery I am a citizen of the
United States and employed in Orange County, California. I am over the age of eighteen years and not
a party to the within-entitled action. My business address is 18101 Von Karman
Avenue, Suite 1000, Irvine, California 92612. On January 28, 2022, I deposited with Federal
Express, a true and correct copy of the
within document(s): DECLARATION OF DANIEL L. RICHARDS IN
SUPPORT OF OPPOSITION TO PLAINTIFF NHC
SLO, LLC’S EX PARTE APPLICATION FOR
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW
CAUSE RE:
PRELIMINARY INJUNCTION in
a sealed envelope, addressed as
follows: John Armstrong Armstrong
Law Group 23232 Peralta
Drive, Suite
102 Laguna Hills, CA
92653 Tel. 949-942-6069 john@armstronglawgroup.co Attorneys for Petitioner/Plaintiff Following
ordinary business practices, the envelope was sealed and placed for collection by Federal Express on this date,
and would, in the ordinary course of business,
be retrieved by Federal Express for overnight delivery on this date. I declare under penalty of perjury
under the laws of
the State of California that the above is
true and
correct.
1 -
DECLARATION OF CHARD PFARR IN SUPPORT OF OPPOSITION
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BEST BEST & KRIEGER LLPJEFFREY V. DUNN,
Bar No. 131926
jeffrey.dunn@bbklaw.com DANIEL L. RICHARDS,
Bar No. 315552
daniel.richards@bbklaw.com BEST
BEST & KRIEGER LLP 18101 Von Karman
Avenue, Suite 1000
Irvine, California 92612 Telephone: (
949) 263-2600 Facsimile: (
949) 260-0972 Attorneys for Defendants and Respondents
City of San Luis Obispo and City Council of and for
the City of San Luis Obispo EXEMPT FROM
FILING FEES PURSUANT TO GOVERNMENT
CODE SECTION 6103 SUPERIOR COURT OF THE
STATE OF CALIFORNIA COUNTY OF
SAN LUIS OBISPO
NHC SLO, LLC,
Petitioner
and Plaintiffs, v. CITY OF SAN
LUIS OBISPO; CITY COUNCIL OF AND FOR THE
CITY OF SAN LUIS OBISPO; AND
DOES
1-10,
INCLUSIVE,
Defendants and Respondents. Case
No. 21CV-0734
Judge: Rita Federman DECLARATION OF
CHAD PFARR IN SUPPORT
OF OPPOSITION TO PLAINTIFF NHC SLO,
LLC’S EX
PARTE APPLICATION FOR
TEMPORARY RESTRAINING ORDER AND ORDER TO
SHOW CAUSE
RE: PRELIMINARY INJUNCTION Date:
January 31, 2022 Time: 8:
30 a.
m.
Dept:
2 ELECTRONICALLY FILED 1/28/2022
5:
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DECLARATION OF CHARD PFARR IN SUPPORT OF OPPOSITION
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BEST BEST & KRIEGER LLPDECLARATION
OF CHAD PFARR I, Chad Pfarr,
declare as follows: 1. I have personal knowledge of the following facts, and if called to
testify thereto, I could and would
do so competently. 2. I am a Police Sergeant with the San Luis Obispo Police Department.
I assisted the San Luis Obispo Police Department in conducting background investigation
of applicants for Commercial
Cannabis Operator Permits. 3. In May of 2019, my office received Helios Dayspring’s executed
and filled out Cannabis Background Questionnaire. Attached hereto as Exhibit A is a true and
correct copy of this
Background Check Questionnaire. I declare under penalty of perjury under the laws of the State of
California that the forgoing is true and correct. Executed this 28th day of January, 2022, at
San
Luis Obispo,
California. Chad Pfarr 82508.
00018\
EXHIBIT A
000257
Police Department
1042 Walnut Street.San Luls Obispo.CA 93401-2729
805.781 .7317
slocitymg
Date?3.29.19
Dear Cannabis Business Operator Applicant,
As part of the requirements to receive an Ofiicial Cannabis Business Operator Permit in the City of
San Luis Obispo,all owners and principals are required to receive a background check,Live Scan
and Background Interview.Upon successful completion of the background check you will be issued
a Cannabis Operator Identification Card which you will be required to wear when working.
ardin -acket.
Please use this check list to help you prepare for the documents needed during your Background
Interview.Your Background Interview will be scheduled once the Electronic Background Packet
documents have been submitted electronically.
Instructions:
o Complete the Background Packet documents and tum in electronically by clicking the
Submit”button at the end of the questionnaire.
o You do not need to sign the Background documents.You will have an opportunity to sign
the documents before the Background Interview.
Prepare to bring the following documents to your Background Interview:
o Your State issued ID card,driver’s license or U.S.Passport
0 Your Social Security Card
BS
Xgyg physical gmfl gmgfl‘gx Card and State issued ID card or U.S.Passport are figufitfl at the
L.._._'.i.‘.l .l '.l
I acknowledge by signing the documents contained in this Background Packet,that all
information I have provided is true and correct.I acknowledge any information omitted,not
disclosed,or found to be false is subject to disqualification for a Cannabis Business Operator
Permit./
i Refer to Title 16,Bureau of Cannabis Control 5017 &5018 for a list of disqualifying criminal
offenses and factors.
Page 1
Detective Suzie Waish at
000258
CANNABIS BACKGROUND
I.
San Luis Oblspo Police Department 1042 Walnut Street.San Luls Obispc,CA.93401
Operator's Full Name:HeIios Rgphael DaySpring
Business Name;Natural healingcenter
Business Address;2640 broad st slo ca 93401
Operator Date of Birth!DL #—
Operator Social Security Numbe_Cell Phone
Home Phone #Other Phone _
Current Home Address:—
City:San luis obispo State:Ca Zip code;93405
Please list the cities you have resided for the last forty (40)years/or lifetime of the operator
applicant if less than forty (40)years.
City l State Dates:
000259
CANNABIS BACKGROUND
San Luis Oblapo Pollce Department 1042 Walnut Street.San Luis Oblspo.CA.93401
Oars r rm!
Business History:
Please list the names and duration of past and current businesses for which you were the
owner or partner:
g‘i'OS 50‘“6v 'Or'lo 3d.
5105-951 W {8‘
Name of Business:Dates:
House of holistics 2011-2019
House of holistics healing (“MWMR )2015-2019
Ori inator inc l 2013a39=lG~20H
Helios hydroponics Clagcd 2 913 l W Mug 2016-2019
See attachment for list of all other corps
Signature of Cannabis Operator Applicant:%a
U
Page 3
San Luis Oblspo Police Department Ofllco of the Marijuana Enforcement Team 2019
000260
CANNABIS BACKGROUND QUESTIONNAIRE
San Luis Oblspo Police Department 1042 Walnut Street.San Luis Oblspo.CA.93401
Cannabis are r ermlt
Name of Operator Applicant:
Name of Investigator:
Date Completed:
1.Have you ever spent money for illegal purposes (for example:illegal drugs.prostitution,
to purchase fraudulent documents etc.)?
YESIZI NOD
2.Have you ever used/possessed illegal drugs?
YESLZI MOD
3.Have you ever been placed on court probation (either formal or informal)?
YESIZ'N0|:|
4.Have the police ever been called to your home for any reason?
YES [2|MOD
5.Have you ever committed any of the following crimes:
A.Animal abuse/neglect?Yes I]NolZl
B.Battery (use of force or violence upon another)?Yes '2'No D
C.Contributing to the delinquency of a minor?Yes D NOIZI
D.Carrying a concealed weapon without a permit?Yes I]Nam
E.Driving impaired (alcohol and/or drugs)?Yes D Nam
F.Filing a false police report?Yes D No [II
G.Illegal gambling?Yes [I NoLZI
H.Possession of stolen property (including.but not limited to,vehicle,credit/debit
cards,etc)?Yes D No [II
Continue on following page...Page 4
8|"Lulu Obtopo Polio.Department Olllu of the null-tan.Enforcement Tum 2010
000261
CANNABIS BACKGROUND QUESTIONNAIRE
s_an Lqis Oblspo Police Department 1042 Walnut Street.San Luis Oblspo.CA.93401
ngnabls Oggratgr Permit
I.Prostitution or solicitation of prostitution (including,but not limited to,being a
patron of illegal massage parlors)?Yes D Nam
J.Resisting arrest and/or delaying or obstructing an officer (including.but not limited
to,running from law enforcement)?Yes D No m
K.Vandalism (including tagging and/or property damage)?YesD Nam
L.Embezzlement (theft of money or other valuables entrusted to you)?
Yes D Nam
MAssault with a deadly weapon (struck or threatened to strike someone with an
instrument likely to cause great bodily injury or death)?Yes D Mom
N.Blackmail or extortion?Yes D Now
O.Burglary (entering a structure or vehicle to commit theft or other crime)?
Yes D No
P.Forgery (falsifying any type of document.check certificate,license,currency,
etc)?Yes D No E
Q.Insurance fraud?Yes D No m
R.Robbery (theft from another person using a weapon.force,or fear)?
Yes D Mom
S.Possession of an explosive/destructive device?YesD No m
T.Perjury (lying under oath)?Yes D No
6.Are you involved in any criminal or civil litigation or any litigation involving fraud at this
time?
YESE NOD
Continue on following page...Page 5
San Lula Oblspo Police Department Office o!the Marijuana Enforcement Team 2019
000262
CANNABIS BACKGROUND QUESTIONNAIRE
San Luis Oblspo Police Department 1042 Walnut Street,San Luis Obispc,CA,93401
ggnngpig Operator Permit
7.Are you now,or have you ever been a member or associate of a criminal enterprise,
street gang or any other group that advocated violence against individuals because of
their race,religion ,political affiliation,ethnic origin.nationality,gender,sexual
preference,or disability?
YES|:|NOEI
8.Do you have,or have you ever had a tattoo signifying membership in or affiliation with,a
criminal enterprise,street gang or any other group that advocates violence against
individuals because of their race,religion,political affiliation,ethnic origin,nationality,
gender,sexual preference,or disability?
YES|:|N0|Z|
9.Do you associate with anyone who is on probation,parole,or belongs to any gang?
YESEI Mom
10.Have you been involved in any matter regarding a tax lien,tax fraud,or evasion of
taxes?
YESD NOIZ'
Dated this 9 day of April ._2019
In the Caunty of San luis obispo
This release is valid for sixty (60)days from the date of signature.I acknowledge by
signing this document that all information I have provided is true and correct.I
acknowledge any information omitted,not disclosed,or found to be false is subject
to disqualification for a Cannabis Operator Permit.
Printed Name of Applicant:italics daysnring
Signature of Applicant:Q S"/b,"I q
Signature of Witness:$44 'H
ea}Lula obispo P-olice Department Office of the Marijuana Enforcement Team 2019
Page 6
000263
I.--__;_flittfi'l‘r'iii Elm-.4,"L:iijfiti.illiii17r£iffl=7li¢fi?L__'V 3350 Rive Road LLC 7510 L03 0303 Valley Road.CA 93405
V510 Ranoho LLC 7510 L08 0503 Valley Road.CA93405penchoRoadFarmsLLC7510L050508ValleyRoad.CA 93405
iéfio Cultivation LLC 7510 L03 0305 Valley Road.CA 93405
V530 Dayspring LLC 7510 Los Osos Valley Road.CA 93405
V6980 Dayspring LLC 7510 L05 0505 Valley Road.CA 93405
V6860 Cultivation LLC 7510 Los Osos Valley Road.CA93405V7510LOVRLLC7510L050305ValleyRoad,CA 93405
v‘fiayspring Farms LLC 8405 San Gregorio Rd.Atascadero.CA
yfiayspring Farms Cultivation LLC 7510 Les 0303 Valley Road.CA 93405
V865 AG Hoidlngs LLC 7510 Les 0303 Valley Road.CA 93405
p6§01 LOVR LLC 7610 L05 0308 Valley Road.CA 93405
V6901 Dayspring LLC 7510 L03 0303 Valley Road.CA 93405
7510 L03 0503 Valley Road.CA93405D1CultivationLLC
53 Huber LLC -'953 Huber Street.Grover Beach.CA 93433
939 Main St,Morro Bay,CA93442gainatMorroLLC
Lama Redonda Cultivation LLC 7510 Los Osos Valley Road.CA 93405
V‘fierra Redonda LLC 2206 Ronda Vista Drive.Los Angelas.CA 90027
LB’r'adley Canyon Farms LLC 7510 Les 0503 Valley Road.CA 93405
V’fiayspring Farms 600 Pine Canyon LLC 7510 L05 0303 Valley Road.CA 93405
pl-tfiuse of Holistlcs Corporation PO Box 3358.Paso Robles.CA 93447
vfl'atural Healing Center.LLC fleeing:998 Huston St.Grover Beach.CA 93433
7510 L03 0303 Valley Road,CA 93405
7510 L03 0503 Vatley Road.CA 93405
LNFIC Grover Beach LLC 'a.
LEI-lo SLO LLC 47,.(I “a I U
T\‘flHcous LLC “"7510 Los 0500 Valley Road.CA 93405
Originator.Inc.8570 Casanova Rd..Santa Maria.CA 93422 \a
House of Holistics Healing Corp.3570 Casanova Rd.,Santa Maria.CA 93422 /
Vfiie Creek LLC .—"7510 L03 0305 Valley Road,CA 93405 '
7840 Cougar Ridge LLC {u H:\Va+t no 7510 Les 0303 Valley Road.CA 93405
Full Melt Distro LLC
T ‘‘
7510 L03 0803 Valley Road.CA 93405
Full MeltExtracts LLC Mar/11,495.(o 7510 L05 0805 Valley Road.CA 93405
Full Molt Flowers LLC 7510 Les 0303 Valley Road,CA 93405
998 8.1030 Partners LLC Hun-Hm [1cm 7510 Les 0305 Valley Road.CA 93406
SLO Hemp LLC non—7510 L03 0303 Valley Road.CA 93405
7510 Les 0805 Valley Road.CA93405SLORetailManagementLLC
7
Heliomar LLC ‘7510 L05 0303 Valley Road.CA 93405
74"€079”le 47'3""Q‘O'E’AM'T (“1W9 “Cerf flak [(3'ch 04
19L“baCKjf‘W/V}
C‘nLCK gift“:
000264
000265
PROOF OF SERVICE
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BEST BEST & KRIEGER LLPATTORNEYS AT LAW18101VON
KARMAN AVENUE, SUITE 1000IRVINE, CALIFORNIA 92612Proof of Service By Overnight Delivery I am a citizen of the
United States and employed in Orange County, California. I am over the age of eighteen years and not
a party to the within-entitled action. My business address is 18101 Von Karman
Avenue, Suite 1000, Irvine, California 92612. On January 28, 2022, I deposited with Federal
Express, a true and correct copy of
the within document(s): DECLARATION OF CHAD PFARR IN
SUPPORT OF OPPOSITION TO PLAINTIFF NHC
SLO, LLC’S EX PARTE APPLICATION FOR
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW
CAUSE RE:
PRELIMINARY INJUNCTION in
a sealed envelope, addressed as
follows: John Armstrong Armstrong
Law Group 23232 Peralta
Drive, Suite
102 Laguna Hills, CA
92653 Tel. 949-942-6069 john@armstronglawgroup.co Attorneys for Petitioner/Plaintiff Following
ordinary business practices, the envelope was sealed and placed for collection by Federal Express on this date,
and would, in the ordinary course of business,
be retrieved by Federal Express for overnight delivery on this date. I declare under penalty of perjury
under the laws of
the State of California that the above is
true and
correct.
1 -
DECLARATION OF MICHAEL CODRON IN SUPPORT OF OPPOSITION
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2728BESTBEST&
KRIEGERLLPJEFFREY V. DUNN, Bar No. 131926
jeffrey.dunn@bbklaw.com
DANIEL L. RICHARDS, Bar No. 315552
daniel.richards@bbklaw.com
BEST BEST & KRIEGER LLP
18101 Von Karman Avenue, Suite 1000
Irvine, California 92612
Telephone: (949) 263-2600
Facsimile: (949) 260-0972
Attorneys for Defendants and Respondents City of San
Luis Obispo and City Council of and for the City of
San Luis Obispo EXEMPT FROM FILING FEES PURSUANT
TO GOVERNMENT CODE SECTION 6103
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
NHC SLO, LLC,
Petitioner and Plaintiffs,
v.
CITY OF SAN LUIS OBISPO; CITY
COUNCIL OF AND FOR THE CITY OF SAN
LUIS OBISPO; AND DOES 1-10,
INCLUSIVE,
Defendants and
Respondents.
Case No. 21CV-0734
Judge: Rita Federman
DECLARATION OF MICHAEL
CODRON IN SUPPORT OF
OPPOSITION TO PLAINTIFF NHC
SLO, LLC’S EX PARTE APPLICATION
FOR TEMPORARY RESTRAINING
ORDER AND ORDER TO SHOW
CAUSE RE: PRELIMINARY
INJUNCTION
Date: January 31, 2022
Time: 8:30 a.m.
Dept: 2
ELECTRONICALLY
FILED
1/28/2022 5:32 PM
000267
2 -
DECLARATION OF MICHAEL CODRON IN SUPPORT OF OPPOSITION
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2728BESTBEST&
KRIEGERLLPDECLARATION OF MICHAEL CODRON
I, Michael Codron, declare as follows:
1. I have personal knowledge of the following facts, and if called to testify thereto, I
could and would do so competently.
2. I am the Director of Community Development for the City of San Luis Obispo.
My office was responsible for receiving, processing, and maintaining applications and associated
supporting materials for Commercial Cannabis Operator Permits.
3. On January 29, 2019, NHC SLO, LLC submitted a Commercial Cannabis
Business Operators Permit Application to the City of San Luis Obispo. Attached hereto as
Exhibit A is a true and correct redacted copy of that Application.
4. On January 29, 2019, NHC SLO, LLC submitted a digital Commercial Cannabis
Business Operators Permit Application to the City of San Luis Obispo. Attached hereto as
Exhibit B is a true and correct redacted copy of excerpts of that application.
I declare under penalty of perjury under the laws of the State of California that the
forgoing is true and correct. Executed this 28th day of January, 2022, at ___________, California.
Michael Codron
82508.00018\34761652.1
Michael Codron
Digitally signed by Michael
Codron
Date: 2022.01.28 09:14:17
08'00'
San Luis Obispo
County
000268
EXHIBIT A
000269
CITY OF SAN LUIS OBISPO
Community Development Department r'
919 Palm Street, San Luis Obispo, CA 93401
805.781. 7170
r
Commercial Cannabis Business Operators Permit App rron
A. Business Information
Business Name: Natural Healing Center - SLO
Property Address: 2600 & 2640 Broad Street, San Luis
Obispo, CA 93401
Assessor Parcel Number: 004-925-033 & 004-925- 034 Zoning Designation: C-R
004-925-035 (Proposal Will Merge Lots)
B. Business •apply)
Cultivation - Specialty (Up to 5,000 Cultivation - Small (5,001 - 10,000 Cultivation - Nursery (Up to 10,000
Sq. Ft. Max Sq. Ft. Max) Sq, Ft. Max)
El Manufacture (Non-volatile Raw Manufacture (Cannabis Infusion) El Manufacture (Itinerant --No
Product Extraction
permanent facility)
LJ Manufacturer (Research and Distributor Testing Laboratory
Development)
Retailer Storefront (Medical) El Retailer Storefront (Adult -use) Retailer Storefront (Adult -use and
Medical)
Retailer Non -storefront (Adult -use)
I
Retail Non -Storefront (Medical) Retail Non -storefront (Adult -use and
Microbusiness (No more than 50% Medical
Transporter
Microbusiness (
More than 50% GR* GR*
from cultivation, distribution from cultivation, distribution and and
manufacturing) manufacturing) vI
uaz nC4r_IPLZ C.
Definitions Applicant -
The entity petitioning for the Cannabis Business Operator Permit. Principal(
s) - The individual members of the applicant team. Primary
Principal - An individual who has a 10% or greater ownership stake of the applicant business, which includes
partners, officers, directors, and stockholders of every corporation, limited liability company, or general limited
partnership that owns at least 1011/6 of the stock, capital, profits, voting rights, or membership interest of the
comITIercial cannabis business or that is one of the partners in the commercial cannabis business; the managers
of the commercial cannabis business. Operator -
An applicant that has been licensed and conducts or conducted active cannabis operations. Majority -
A greater number; more than half. An equal number does not constitute a majority. D.
Applicant Information Name
of Primary Responsible Party Completing the Application: Helios Dayspring Title:
Managing Member/CEO DOB: 05/
Security No: 564-
applicant is a not for profit, corporation, partnership or other business entity, please identify Name
of Business Entity: NHC SLO LLC Type
of Ownership: Limited Liability Company Federal
Tax Id: 83-3339575 Start Date: 12/11/2018 Mailing
Address: 7510 Los Osos Valley Rd, San Luis Obispo, CA
000270
93405
Primary Phone No:
Email Address: helios@nhcgroverbeach.com
Preferred method of contact (check one)
Alt. Phone No:
Mail ® Phone Email
E. Additional Responsible Party Information
Nicholas-
Title: COO
Snrinl Sarurity Nn•
Mailing Address:
Primary Phone No:
Email Address:
DOB:
Alt. Phone No:
Preferred method of contact (check one) Mail ® Phone ® Email
Please attach additional sheets if there are more than 2 Responsible
PartiesF. Information on Property Owner or Landlord
Name: CK Gilbert LLC / CCKL Broad LLC
Please note: Helios Dayspring has an
executed purchase agreement for these properties.
Mailing Address: 225 Ranchito Lane, SLO & 1305
Garden St, SLO
Primary Phone No: Alt. Phone No:
Email Address:
Preferred method of contact (check one) Mail ® Phone Email
If the applicant is not the legal owner of the property, the application must be accompanied by a notarized Owners
Statement of Consent to operate a commercial cannabis business on the property.
InformationG. Related License
The applicant and/or responsible parties has been associated with a commercial cannabis business permit in the
past 10 years.
Yes No If yes, please provide the following information)
Name: Helios Dayspring
City or County: San Luis Obispo County Start Date: 11/01/2011 End Date: 12/31/2018
000271
Business Name: House of Holistics Corp. Business Type: Medical Delivery Service
Please attach additional sheets if necessary. — Please see Section 1.05: State Licenses of the accompanying
application for other cannabis business permit information.
Required Submissions (Please check the box for each attachment)
Please attach all applicable documents listed below as part of your application as they pertain to your business type.
For any items that do not apply to your business type, please provide a brief explanation as to why they do not
apply.
Business Operations Plan
Business Plan: A plan describing how the commercial cannabis business will operate in accordance with City
code, state law, and other applicable regulations. The business plan must include plans for handling cash and
transporting cannabis and cannabis products to and from the site.
Community Relations Plan: A plan describing who is designated as being responsible for outreach and
communication with the surrounding community, including the neighborhood and businesses, and how the
designee can be contacted.
State Licenses: Copies of the state licenses relating to the commercial cannabis business licenses, the
applicant holds (when available).
Tax Compliance: A current copy of the applicant's city business operations tax certificate, state sales tax
seller's permit, and the applicant's most recent year's financial statement and tax returns (for first time
applicants, the business operations tax account will be set up in-house after the application has been
submitted).
Insurance: The applicant's certificate of commercial general liability insurance and endorsements and
certificates of all other insurance related to the operation of the cannabis business.
Budget: A copy of the applicant's most recent annual budget for operations (If available)
Financial Capacity: Financial information such as bank balances, available loans and other sources of
funding the enterprise.
Products and Services: A list/description of the general products and services the business will provide.
Community Benefit: The applicant shall demonstrate to the satisfaction of the City of its intent to local hiring
and community support.
Education Plan: A plan describing the type of cannabis education and prevention efforts that will be provided
by the business to the community.
Security Plan: A detailed security plan outlining the measures that will be taken to ensure the safety of persons
and property on the business site. The security plan must be prepared by a qualified professional.
Lighting Plan: A detailed lighting plan showing existing and proposed exterior and interior lights that will
provide adequate security lighting for the business site.
Site and Floor Plans: A dimensioned site plan of the business site, including all buildings, structures,
driveways, parking lots, landscape areas and boundaries. Also provide dimensioned floor plans for each level of
each building that makes up the business site, including the entrances, exits, walls and cultivation areas, if
applicable. The plans shall also include the following information about the site: current zoning, parking
requirements, consistency with development standards for the zone, if new development planned for the site,
and any other site development information.
Water Efficiency Plan: The applicant shall demonstrate to the satisfaction of the City that sufficient water
supply exists for the use.
Odor Control Plan: A detailed plan describing how the applicant will prevent all odors generated from the
cultivation, manufacturing and storage of cannabis from escaping from the buildings on the business site, such
that the odor cannot be detected by a reasonable person of normal sensitivity outside the buildings.
Hazardous Materials Plan: To the extent that the applicant intends to use any hazardous materials in its
operations, the applicant shall provide a hazardous materials management plan that complies with all federal,
state and local requirements for management of such substances.
000272
Energy Efficiency Plan: Documentation that the applicant has identified the best way, including carbon free
power sources to provide reliable and efficient energy solutions for their business.
H.
H.
City Authorization
I, the applicant, provide authorization and consent for the City Manager or his/her designee to seek verification
of the information contained on this application.
f I. Indemnification
I, the applicant, agree to the fullest extent permitted by law, any actions taken by a public officer or employee
under the City of San Luis Obispo regulations for Commercial Cannabis Businesses, shall not become a personal
liability of any public officer or employee of the City. To the maximum extent permitted by law, the permittee shall
defend (with counsel acceptable to the City), indemnify and hold harmless the City of San Luis Obispo, the San Luis
Obispo City Council, and its respective officials, officers, employees, representatives, agents and volunteers from
any liability, damages, actions, claims, demands, litigations, loss (direct or indirect), causes of action, proceedings,
or judgments (including legal costs, attorneys' fees, expert witness or consultant fees, City Attorney or staff time,
expenses or costs) against the City to attach, set aside, void or annul, any cannabis -related approvals and actions
and strictly comply with the conditions under which such permit is granted, in any. The City may elect, in its sole
discretion, to participate in the defense of said action and the permittee shall reimburse the City for its reasonable
legal costs and attorneys' fees.
1. Nonrefundable Filing Fee
I, the applicant, understand and accept that the nonrefundable filling fee must be submitted with the competed
Commercial Cannabis Business Operators Permit Application and will be retained by the City regardless of the out-
come of the application review.
K. Background — Request for Live Scan Services
I, the applicant, understand that a completed and processed Request for Live Scan Service, State of California
Form BCIA 8016, as determined by the City of San Luis Obispo, by a duly authorized business must be provided for
the applicant and all interested parties. All applicable fees and charges are the responsibility of the applicants and
interested parties. -
L. Disqualification
Application was received late
Application is incomplete or inaccurate
Facility does not meet City business licensing standards
More than one application is received for the same cannabis business type on one property (stacking of
applications)
000273
M. Applicant's Certification
I agree to abide by and conform to the conditions of the permit and all provisions of the San Luis Obispo Municipal
Code pertaining to the establishment and operation of the commercial cannabis business. I acknowledge that the
approval of the Commercial Cannabis Business Operators Permit shall, in no way, permit any activity contrary to the
San Luis Obispo Municipal Code, or any activity which is in violation of any applicable law.
I certify under pe alty of perjury under the laws of the State of California, that I have personal knowledge of the
information co d
7is
pplication and that the information contained herein is true and correct.
signature: 9 Date: 01/29/2019
The information cvntained thi doument is subject to disclosure under the Public Records Act. Applicants
providing false or misleading information in the Permitting process will result in rejection of the application
and/or nullification or revocation of any issued permit. All commercial cannabis Permits must be approved
by the City Council. The City may attach conditions to the permit. A commercial cannabis permit may be denied
if any of the following findings are made: i)
The application does not meet all r-equirements of the commercial cannabis ordinance; or ii)
Approval would very likely result in harm to public safety, health, or welfare, or iii)
Potential negative impacts of the use cannot be mitigated with conditions or through the ordinance requirements.
Applicants
will be notified rega1ding application cnpipleteness
000274
COMMERCIAL CANNABIS BUSINESS OPERATORS PERMIT APPLICATION
OWNER'S STATEMENT OF CONSENT
If the applicant is not the owner of record of the subject site, the following Statement of Consent must be completed
by the owner or the owner's authorized representative, granting the applicant permission to apply for a cannabis
business operator permit.
I, the undersignedynedlegalownerofrecord, here /grant permission to:
Applicant: G e It`o S oL f r`/I I OG Phn e:
LG
1 f
Mailing Address: 516 03 OSss VAIle fz -50LiL La(s t fS o, C.14 q'jYUS
To operate a commercial cannabis business on the property described below. I agree to abide by and conform to the
conditions of the permit and all provisions of the San Luis Obispo Municipal Code pertaining to the establishment and
operation of the commercial cannabis business. I acknowledge that the approval of the Commercial Cannabis
Business Operator Permit shall, in no way, permit any activity contrary to the San Luis Obispo Municipal Code, or any
activity which is in violation of any applicable law.
The subject property is located at: 2b0o 26 c4p sZoD CS -a--- Assessor'
s Parcel Number: b O 72S 633 Printed
Name of Owner of Record: 'L [ t 2 L Address
of Owner of Record: 22
7
of Owner of Record: " p / 12.
Attached Certificate
000275
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County o 1--,M.C 3
On 11 I' before me, 1 .
Date
personally appear
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Oare subscribed
to the within instrument and acknowledged to me that W/ffe/they executed the same in highkt2r/their
authorized capacity(ies), and that by l is+erhheir signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
T. Cox
a Notary Public • California
i San Luis Obispa County
Commission p 2265076
My Comm. Expires Oct 29, 2022
r..
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Sig ature of Notary Public
OPTIONAL --
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Docum ern . "/ n V?Z
T' 4DocumentDate: t Lb a Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian of Conservator
Other:
Signer is Representing:
02017 National Notary Association
Signer's Name:
Corporate Officer — Title(s):
Partner — Limited General
Individual Attorney in Fact
Trustee Guardian of Conservator
Other:
Signer is Representing:
000276
EXHIBIT B
000277
NATURAL HEALING CENTER
Cannabis Business Operators Permit Application
City of San Luis Obispo: Retail
Version 1 – Updated January 27, 2019
Helios Dayspring
helios@nhcgroverbeach.com
805-888-7823
000278
NHC SLO | CANNABISRETAIL2
COVER LETTER
January 27, 2019
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401
Sincerely,
Helios Dayspring
Owner, Natural Healing Center
Dear Applicant Review Team,
Natural Healing Center (NHC), the largest and most
professional cannabis operator in SLO County, is excited at
the prospect of expanding to the City of San Luis Obispo.
We plan to bring a world-class retail storefront that will set
a new standard for cannabis operators around the state. We
hope this application is just the beginning of a long and fruitful
partnership with the city.
NHC is a Central Coast success story, currently experiencing
rapid growth through our vertically-integrated operations
in cultivation, manufacturing, distribution, and retail. Our
commitment to keeping our local roots is unwaivering, and if
approved for a retail permit in SLO, we will be establishing our
corporate headquarters in the city. We are truly committed to
this community and a shared prosperity.
In this application, NHC has met and exceeded all criteria in
the city’s scoring guidelines. We thank you for your time and
careful review. Please do not hesitate to reach out on my
personal cell phone at , or that of our COO,
Nick Andre, at
000279
NHC SLO | CANNABIS RETAIL 3
APPLICATION HIGHLIGHTS
Experienced & Proven Local Operators
100% of primary principals have operated a compliant cannabis business in SLO
County for 7 years.
Operating a world-class dispensary in Grover Beach & the region’s largest cultivator.
Local Hire & Sourcing Guarantee
90% or greater of employees will be SLO County residents and;
a local hire preference for city residents.
At least 80% of supply and equipment expense will be sourced from businesses
within 90 miles.
Long History of Community Giving
NHC commits to a minimum of 20 hours of community service per month and;
a minimum of $2,500 per month in community support.
NHC has an extensive history of giving back well in excess of those levels.
Well Paid Jobs & Equity
4 principals, with 3% equity each, have earned at or below the median household
income.
NHC’s average pay rate for entry-level and mid-level positions will be 40% above
median income for similar positions in mainstream businesses.
Base wages will be $3/hour over minimum wage.
NHC will allow a labor peace agreement at 20 or more non-management employees.
Responsible Use Messaging & Prevention Programs
Advertising targeted only to those 21+, and no outdoor advertising.
NHC will sponsor prevention programs and has strict policies to prevent diversion.
Responsible use messaging on packaging, low dose THC options, use tracking with
optional user determined quotas, posting information on cannabis use disorder and
effects on adolescent brains, and more.
Committed to Medical Products
Medical products are our focus, with dedicated areas for non-psychoactive items.
100% Control of Site Property
NHC’s primary principal owns the site property.
Well Capitalized & Significant Financial Investment
Access to $3.6 million in personal cash, $12.3 million in real estate equity, and a $3
million loan.
Major site and building improvements, lot merger, and removal of a liquor store and
its large sign.
23 parking spaces with 5 electric vehicle chargers.
Net Zero Project, Public Art, Bike Racks & More
NHC has designed the project to be Net Zero Energy Certified and includes;
a large painted mural along the North face of the building and an abstract art piece in
the parking lot.
Bike racks, water refill station, and more.
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NHC SLO | CANNABISRETAIL4
TABLE OF CONTENTS
1. Business Operations Plan 7
1.01 Executive Summary 8
1.02 About Us 10
The NHC Team 10
Commitment to Community 19
Objectives 21
Mission 21
Core Values 22
NHC Companies Overview 24
1.03 Business Plan 26
Proposed Operation 26
Business Ownership & Legal Formation 29
Property Ownership 42
Hours of Operation 60
Store Layout/Customer Experience 60
Neighborhood Compatibility 61
Environmental Commitments 62
Products 62
Packaging 64
Operational Policies & Procedures 64
Patient Electronic Verification System 70
Voluntary User Determined Quotas 71
Prevention of Diversion to Minors 72
Inventory Control System 73
Plans for Handling Cash 75
Transportation Plan 75
Storage 76
Sanitation Procedures 76
State & Local Compliance 81
Health & Safety – Patient Education 83
Health & Safety – Other 85
Starting Staff 86
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NHC SLO | CANNABIS RETAIL 5
Local Hire Preference 86
Personnel Plan 86
Training & Continuing Education Plan 87
Marketing & Advertising 92
Signage 92
1.04 Community Relations Plan 96
1.05 State Licenses 98
1.06 Tax Compliance 178
2011-2018 Sales Tax Returns 179
2011-2017 IRS Corporate Income Tax Returns 240
2016-2017 Employer Payroll Tax Returns 409
Seller’s Permits 452
Business Licenses 454
2018 NHC Financial Statement 464
1.07 Insurance 468
1.08 Budget 476
1.09 Financial Capacity 480
1.10 Products & Services 486
2. Community Benefit 487
3. Education Plan 491
4. Security Plan 495
5. Lighting Plan 509
6. Site & Floor Plans 513
7. Water Efficiency Plan 537
8. Odor Control Plan 539
9. Hazardous Materials Plan 543
10. Energy Efficiency Plan 545
11. Additional Documents 553
Online Reviews 554
Petition from SLO City Residents 555
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NHC SLO | CANNABISRETAIL6
QUIQ/
NHC SLO | CANNABIS RETAIL 7
1. BUSINESS OPERATIONS PLAN
A world-class cannabis retail establishment.
Founded in SLO County, Natural Healing Center
is dedicated to the Central Coast.
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NHC SLO | CANNABISRETAIL8
1.01 Executive Summary
Natural Healing Center (NHC), owned
by Morro Bay local Helios Dayspring, is a
San Luis Obispo County based cannabis
company that currently operates a
successful and state of the art medical and
adult-use cannabis retail facility in Grover
Beach, CA. In addition to retail, NHC is
vertically integrated”, owning over 18
cultivation sites on the Central Coast, as well
as manufacturing and distribution facilities
that are launching local SLO County brands
on to the market.
NHC is actively expanding its retail footprint
with an application pending before the City
of Morro Bay, and now, one before the
City of San Luis Obispo. Our proposed San
Luis Obispo location will offer the same
welcoming, customer service focused
atmosphere that patients have come to
know and expect, while fitting in with the
city’s upscale, forward-looking culture. The
project will also feature a separate, hemp-
based CBD store for those not seeking
traditional cannabis products.
In addition, if the City of San Luis Obispo
approves NHC’s plans for a retail
establishment we will be establishing our
corporate headquarters in the city. NHC
is committed to growing a world-class
company, based right here in SLO. This
will bring potentially dozens of head of
household jobs in addition to those offered
at the retail location.
NHC’s team of local business leaders and
medical cannabis entrepreneurs have over
30 years of combined expertise in cannabis
agriculture, economic development,
government & political affairs and real
estate development. This makes us the
000285
NHC SLO | CANNABIS RETAIL 9
most experienced cannabis operator in the
region, equipping us with the knowledge
and capital to bring our top-quality plans to
fruition. Our retail staff is also well trained
and strives to meet our patients’ needs with
respect, compassion, and the most enjoyable
experience.
NHC has a proven track record of providing
the highest quality, state-compliant
cannabis through a safe and friendly retail
setting, and we live by the motto “locally
owned, centrally grown”. This is embodied
by our efforts to lift up the local industry by
giving priority shelf space to local products,
implementing local hire policies, offering
equity to dedicated employees, and giving
back to the community as much as possible.
Our passion and subject matter expertise
are evident across the industry supply chain.
From seed-to-sale, we embrace industry
best practices and work in alliance with
hundreds of statewide partners who share
our desire for providing the absolute highest
quality medicine to patients for the lowest
cost.
We are excited at the prospect of bringing all
that we have learned as growers, advocates,
business professionals, and community
members to bear in opening a world-class
dispensary in San Luis Obispo. We are
confident that the trust and relationships
that we have cultivated throughout our
careers can be leveraged to provide
incalculable benefit to our community.
NHC’s plans, as detailed within this
application, represent a realistic and
achievable vision of a top-choice cannabis
retail establishment that would undoubtedly
raise the bar for cannabis operators
statewide.
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NHC SLO | CANNABISRETAIL10
1.02 About Us
Helios R. Dayspring, President of Natural
Healing Center (NHC) & House of Holistics
Corp, was raised in Morro Bay and is a local
master cannabis grower with over 15+
years of experience. He cultivates cannabis
on a large high-quality scale using indoor,
outdoor, as well as in light deprivation
greenhouses. Helios’ 18 cultivation
properties span San Luis Obispo and Santa
Barbara Counties, with 66 valid licenses
and another 145 pending. This has gained
Helios a wealth of knowledge in business
development, entitlements, and contract
negotiation, showing his commitment to the
Central Coast.
Helios has also opened six different store
front dispensaries in the Inland Empire
and in Grover Beach, gaining invaluable
experience in retail operations. Helios is
now bringing distribution, manufacturing,
and additional cultivation to Grover Beach
with 120,000 square feet of approved
new development, reinvigorating the local
economy. Additionally, Helios’ cannabis
delivery service just won Best of SLO
County) delivery services voted on by
New Times readers. There were over 100
delivery services in the running for this
local award and this is not the first time the
company has earned recognition for their
excellent service.
Helios has connected all the dots from
cultivation, manufacturing, distribution, and
retail, completing the seed to sale network.
He is now moving into the cannabis tourism
industry with concepts like Berries & Bud,
Prohibition & Cannabis, Wine & Weed, and
Bud & Breakfast vacation rentals. With
the infrastructure that has been built the
opportunities are endless and the City of San
Luis Obispo will be another key component
of our plans to elevate the local economy
and build the region’s cannabis identity.
Giving back to the community is important to
Helios, and NHC has hosted multiple San Luis
Obispo County charity events over the past
several years including Thanksgiving Dinner
giveaways to local families; Christmas events
with Santa Claus where each attending child
was able to choose their own toy from the
large selection, an Easter Egg Hunt held
The NHC Team
Helios R. Dayspring
Executive Team - Chief Executive Officer
000287
NHC SLO | CANNABIS RETAIL 11
at the Grover Beach Exploration Station,
a Halloween haunted house event, among
others. NHC has also sponsored numerous
community events including being an annual
sponsor for the 2019 Good Morning SLO
breakfasts (SLO Chamber of Commerce),
sponsoring the 2018 Morro Bay Avocado &
Margarita Festival, the Muscular Dystrophy
Association Muscle Walk, the Mayor’s Cup
Golf Tournament, and several homeless
services fundraisers. Additionally, NHC is a
member of the SLO, Morro Bay, and South
County, Chambers of Commerce, and has
given charitable contributions to many
organizations including the SLO Food Bank,
RISE, and more.
Helios’s House of Holistics has been the
only San Luis Obispo County company to
successfully throw a large-scale cannabis
event at The Pozo Saloon’s “Higher Ground
Music Festival.” The festival had over 10,000
attendees and our staff were able to verify
Medical Recommendations for over 2,000
new patients that same day. Our operations
that day were executed with zero incidents.
When other cannabis businesses were
operating in the shadows without paying
taxes, Helios Dayspring raised the bar by
implementing self-regulatory policies and
complying with all tax laws, evident in his
8+ years of tax history and his operations
running with the highest standards in the
industry.
Helios also places extremely high value in his
employees, paying highly competitive wages
and using local Labor Contractors for the
last 13 years.
Overall, Helios Dayspring is a Morro Bay
native dedicated to doing good on the
Central Coast. He is an industry leader and
is helping bring cannabis into mainstream
society, creating innovative new ideas
and opening the first cannabis campus
on the Central Coast. His experience and
dedication to our community is unmatched
in the industry.
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NHC SLO | CANNABISRETAIL12
Nick Andre, a longtime San Luis Obispo city resident and
prominent community activist, serves as NHC’s Chief
Operating Officer. Nick oversees business development,
processes, IT systems, and overall operations for the
company. Nick also leads NHC’s implementation of CA’s
Track-and-Trace system.
Prior to joining the company, Nick was founder and
CEO of Kumani Inc, a City of San Luis Obispo based
IT company that specialized in e-commerce and
cloud systems implementation. Nick also previously
worked as a consultant for the Cal Poly Small Business
Development Center located in the Cal Poly HotHouse.
His work there involved advising and assisting local small
businesses with their websites, business systems, and IT
needs. This service, free to the business owner, helped
dozens of local businesses thrive. In that past he also
worked in the accounting industry and for Hasbro, Inc.
He holds a bachelor’s degree in business administration
with a concentration in accounting from the University
of Rhode Island.
Outside of work, Nick’s deep community involvement
centers around environmental and healthcare activism.
His passion for improving lives has led to founding and
leading a local non-profit organization of nearly 3,000
members. Nick also serves as our region’s representative
to the CA Democratic Party.
Nick’s values have already had an effect on NHC,
with the company undergoing CA Green Business
Certification and implementing new programs like
diversity and inclusion workshops and “triple-bottom
line” (social, environmental, and financial) accounting &
decision making.
Nick Andre
Executive Team - Chief Operating Officer
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NHC SLO | CANNABIS RETAIL 13
Sonia Luna
Executive Team - Chief Financial Officer
Sonia is the founder, CEO and President
at Aviva Spectrum, an accounting and tax
compliance firm that recently won BEST
Accountant by cannabis experts and
industry leaders at the California Cannabis
Awards. She has more than 18 years of
compliance, internal and external audit
experience. She was appointed by SEC Chair
Mary Jo White to the Advisory Committee
on Smaller & Emerging Growth Companies
in Oct. 2014. She is also an elected member
of the Board of Governors for the Institute
of Internal Auditors (IIA) and worked in
Big 4 environments such as EY and Arthur
Andersen.
Sonia is a result-oriented and motivated
team builder with proven ability in leading a
staff in various countries and a wide-range of
compliance projects. Expertise in developing
people, software implementation projects,
managing compliance projects within
budget and on time. She is a proven leader
in the internal audit community and recently
elected for a four year term to the Board
of Governors of the Los Angeles Institute
of Internal Auditors. She has worked
instrumentally on several of the audit
projects issued by the Office of Inspector
General of Build-LACCD.
Sonia has been a partner in-charge for
multiple clients in a variety of industries.
Core strengths and accomplishments
include:
Served as Internal control compliance
subject matter expert in a legal case
representing a large IT retail business
entity.
Planning and organizing audit
engagement teams both domestic
and international. Manages several
internal control compliance design and
operational effectiveness assessments.
Prepares training material for several
public & private companies on topics
ranging from audit, compliance to data
analytics.
Managed several control rationalization
projects for companies in various
industries.
Working with the Office of Inspector
General of Build-LACCD, whereby
he supervised staff working
on procurement compliance on
construction contracts, bidding
compliance requirements, Federal wage
compliance and fraud investigations
stemming from whistle blower hotline.
Sonia serves as NHC’s contracted CFO
and oversees all financial decisions and tax
compliance at the company.
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NHC SLO | CANNABISRETAIL14
Jacob German
Executive Team, Controller
Chief Accounting Officer)
Bill Szymczak
Advisory Board
Cultivation Partner
Jacob German serves as NHC’s Controller,
overseeing all accounting operations and
working alongside the CFO for financial
planning and decision making. Jacob’s
past work experience includes serving as
Controller for Coastal Community Builders
in Pismo Beach, as well as Troesh Coleman
Pacific, Inc. in Nipomo. He also holds an MBA
from National University in La Jolla, CA.
Jacob lives in Arroyo Grande with his wife
Tiffany and their two dogs. He is a huge
proponent of helping others and giving back
to the community in which he lives. As an
active Rotarian, he participates in multiple
fundraisers and events each year. He also
volunteers as the Finance Committeeman
for SLO Habitat for Humanity. Jacob enjoys
living the Central Coast lifestyle and all the
things that make this area so special. If he’s
not in the office, you can find him on the
beach catching waves, mountain biking the
Johnson Ranch Trail, or wine tasting in Edna
Valley.
Bill Szymczak is the former Director of the
US Department of Housing and Urban
Development (HUD) in the San Francisco
Region, serving from 1970 to 1985. He then
went on to be the Executive Vice President/
Chief Underwriter with PNC Multifamily
Finance in San Francisco from 1985 to 1999.
Currently, Bill is the Owner and Founder of
Preservation Partners Development, LLC
and Preservation Partners Management
Group Inc. Headquartered in California,
Preservation Partners are the owners,
developers and property managers of over
8,000 affordable housing units in 8 states.
2019 will mark Bill’s 50th year in affordable
housing. He holds a BS and MA degrees
from Loyola University of Chicago and
serves on NHC’s Advisory Board. Bill’s
compliance experience working in highly
regulated industries is invaluable to NHC
and his confidence in the company has led to
personal investment in excess of $18 million
into NHC’s cultivation operations.
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NHC SLO | CANNABIS RETAIL 15
A personal message from Susan: My name is Susan Wood. I am a proud resident of California,
who was orphaned at a young age in Scotland. I came to America a poor immigrant with only
a high school and city college education. I started a career in the service industry, bartending
and then managing in restaurants, while simultaneously taking business classes.
I was eventually able to purchase my own restaurant in a residential neighborhood and
obtain a liquor license, serving homemade American fare and employing 25 local residents.
Owner-operated I have successfully managed a business with all of the requirements of
a specialty license for nearly 20 years. I understand the importance of the well-being of
patrons and neighbors and how important it is to have good security.
I went on to purchase my own apartment buildings, owner-managed and operated, in Los
Angeles and rentals throughout California, moving on to purchase 27 single family homes in
Milwaukee which I offer to veterans at a discounted rate.
I was first introduced to cannabis at the age of 12 when my mother was diagnosed with
terminal colon cancer. My 60-year-old aunt, not an imbiber, gave my mother cannabis to
induce her appetite, ease her pain, and help her sleep. I became very aware of the medicinal
attributes of the plant.
Therefore, when I was offered the opportunity to become involved in legal medical marijuana
cultivation on the Central Coast I was thrilled to be able to invest.
I feel that with Helios’s experience in this industry, NHC has a winning team which will bring
employment, revenue, and aid with the continued success of our beloved San Luis Obispo
County.
Susan Wood
Advisory Board & Cultivation Partner
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Valnette Garcia’s professional career started out with 9 years as an office manager in the
construction industry. In this role, Valnette was responsible for accounts receivable, accounts
payable, and payroll. During this time Valnette also attended American Career College
graduating with honors as a Medical Assistant and completed Phlebotomist Academy.
Valnette’s career in the cannabis industry started as a receptionist of Helios Dayspring’s
dispensary in Bloomington, California. She quickly rose through the ranks of employment.
This dispensary saw roughly 500-750 patients every day for almost 2 years. Valnette’s
duties were managing the entire front end, restocking products, scheduling, hiring, and
payroll. This was the busiest dispensary in the Inland Empire at the time. When Dayspring
opened House of Holistics delivery service in San Luis Obispo he recruited Valnette Garcia
to become a key employee.
Valnette moved to SLO County in 2010 and over the years her skill, determination, and drive
set her apart from the majority of her peers. Her leadership was instrumental in House
of Holistics being voted #1 in New Times’ Best Medical Marijuana Delivery Services “Best
of SLO 2018” and runner up in 2017. Valnette also spearheaded many of the company’s
charitable events.
Valnette has more than 7 years of experience in the cannabis industry and her sheer
dedication and diligence has earned her equity in Natural Healing Center’s Grover Beach
storefront, as well as equity in the proposed Morro Bay and San Luis Obispo locations if the
licenses are granted. It is through actions like these that Helios Dayspring has mastered this
business, valuing and rewarding employees that work hard and show dedication by vesting
ownership and equity in the business outside their wages.
Valnette Garcia
General Manager
Antonio has worked under Helios Dayspring for 3 years. First at a cultivation site after
being referred by a mutual friend, where his intelligence and potential to work in a more
social retail setting was noticed. Antonio was then moved to House of Holistics Corp. as a
delivery driver where he thrived, providing exceptional customer service and connecting
with patients all over the County. Now at NHC in Grover Beach, Antonio’s work ethic and
professionalism has earned him an assistant manager position. At the SLO location he will
be promoted to floor manager and earn equity in the company.
Antonio Contreras
Floor Manager
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NHC SLO | CANNABIS RETAIL 17
Kenneth started working for Helios Dayspring after being recruited from a restaurant
where Helios noticed his positive attitude, strong work ethic, and long-term employment.
One day Helios handed him a business card and offered him a job, and a week later Kenneth
was on the road working as a delivery driver for House of Holistics.
Kenneth has been working under Helios for 4 years and his hard work and honesty led to his
promotion to assistant manager at NHC in Grover Beach. He is now being given the chance
to move to the next level of the business by obtaining equity in NHC’s SLO location where
he will also be promoted to floor manager.
Kenneth Johnson
Floor Manager
Stacey Wooten is the founder of Cal Coast Compliance, a compliance firm that specializes
in the cannabis industry, and is head of compliance for all of NHC’s cultivation sites. Ms.
Wooten, a Central Coast local, has 20 years of regulatory compliance experience, with the
last five years, specializing in cannabis.
Stacey Wooten
Head of Compliance
Chris Bowyer enlisted in the Marine Corps in 2004 at the age of 17, attended boot camp
nine months later. Over the course of six years, he attained the rank of Sergeant, and was
deployed three times in support of combat and humanitarian operations all over the globe.
During his military career, he held two primary military occupational specialties; Infantry
Rifleman, and Logistics and Embarkation Specialist. After his discharge, Chris attended the
University of Colorado, Denver, in pursuit of a BA in English. While attending college, he
began working as a security provider for the newly-legalized cannabis market in Colorado.
Quickly rising in the ranks, his experience in security spans from working as a guard on the
ground, to operational and strategic leadership as upper-level management, eventually
becoming COO of Xiphos Corp., an organization providing specialized security solutions.
As Head of Security for NHC, Chris and Xiphos Corp. bring a team of U.S. Army Special
Forces (Green Berets) to provide the highest level of security for all Natural Healing Center
operations. They leverage their specialized military training and pair it with their years of
experience working security in the legal cannabis space and the latest available technology.
They also are committed to helping newly transitioned military personnel integrate into the
civilian workforce.
Chris Bowyer
Head of Security
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NHC SLO | CANNABISRETAIL18
Growing up on the Central coast, Aaron attended Morro Bay High School and then served
in the United States Air Force. His last duty station brought him back to California to
Vandenberg Air Force Base where he returned home after his service.
After returning home he worked as a Manager and Director for the largest tour and
transportation companies in San Luis Obispo County. Through his tenure he deepened
relationships, and grew his in-depth knowledge of the county and the people that love the
lives they live here. Working for the Tourism Bureau in Morro Bay he grew his knowledge
with what matters to people relocating to the area and the draw that inspires them to seek
their dream homes on the central coast. He then joined Richardson Properties as a licensed
Real Estate Agent and serves as a member of Natural Healing Center’s real estate team,
facilitating the acquisition of property and helping previous tenants re-locate. Aaron will
also serve as the Community Outreach Manager for the Morro Bay retail location. Aaron
also enjoys volunteering and serving his community and volunteers on the Morro Bay
Harbor Festival Board of Directors.
Aaron Young
Real Estate Team & Community Outreach Manager
Architect Craig Smith, AIA, founded CRSA Architecture in 1986 and has established it as
an innovator in combining effective purpose, with vibrant, place-making, award winning
design. Located in downtown San Luis Obispo, the firm’s past and present project types
are commercial and retail development, food service, winery development, adaptive
reuse, historical rehabilitation, residential development and individual residential clients,
completing energetic projects that range widely in scope, scale and type. Craig deals with
architectural design, land use, and other related issues for NHC.
Craig Smith
Architect & Project Development
Jane Heath is one of Morro Bay’s preeminent lawyers who is also deeply involved in the
community. Jane received her Juris Doctor from the University of San Francisco School of
Law and practiced as a Litigation Partner at Duggan Smith & Heath LLP, before striking out
on her own at the Law Offices of Jane Heath in downtown Morro Bay. Jane provides legal
counsel for NHC.
Jane Heath
Legal Representative
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NHC SLO | CANNABIS RETAIL 19
Commitment to Community
For years, NHC has built a track record of deep community involvement.
We organize:
An annual turkey giveaway for families in need. Families get a frozen turkey along
with sides and desserts. This event has been held 3 years in a row and we’ve given out
over 900 turkeys. In 2018 we also donated turkeys to the Morro Bay Monday Night
Community Dinner at the Vets Hall on the Monday before Thanksgiving, as well as
to Rock Harbor Christian Fellowship Church, 40 Prado Homeless Services Center, 5
Cities Homeless Coalition, and SLO Food Bank.
An annual Christmas toy giveaway for families in need. Thousands of toys have been
given away over the past 3 years. In 2018, NHC arrived at KSBY’s studio with a truck
containing thousands of toys for their final day of the Season of Hope toy drive.
Other events including an Easter Egg Hunt and Halloween event at the Grover Beach
Exploration Station. Plans are actively underway to replace these events with a new
annual benefit for local veterans.
We were/are sponsors of:
2019 SLO Chamber of Commerce Good Morning SLO (Annual Sponsor)
2018 Morro Bay Avocado and Margarita Festival
2018 Muscular Dystrophy Muscle Walk (Held in Pismo Beach)
2018 Morro Bay Chamber of Commerce Annual Awards Gala
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NHC SLO | CANNABISRETAIL20
The 2017 and 2018 Mayor’s Cup Golf Tournaments
Several Homeless Services Fundraisers (Five Cities Homeless Coalition, etc.)
2018 Stone Soup Music Festival
Among others.
We are members of the:
SLO Chamber of Commerce
Morro Bay Chamber of Commerce
South County Chamber of Commerce
California Cannabis Industry Association (CCIA)
National Cannabis Industry Association (NCIA)
We have also made donations to many local organizations including a recent $5,000
contribution to RISE to help them expedite a 2-3 month backlog of sexual assault and domestic
abuse victims seeking their services.
Additionally, NHC is dedicated to being a good neighbor and has a Community Outreach
Manager who is responsible for outreach and communication with the neighborhood and
nearby businesses.
Further, there will be regular communications and interface with SLO’s Police Department
to ensure that the operation of the medical cannabis facility is in compliance with local and
state laws and regulations. In fact, NHC has already engaged with SLO PD, providing a tour of
our current facility in Grover Beach, proactively meeting with the department regarding our
security plans for the proposed SLO location, and to discuss partnering on a responsible use
messaging program.
Overall, NHC is dedicated to doing good whether it be through donations, volunteer hours,
or its policy of considering impacts to the community when making business decisions. Please
see Section 2: Community Benefit for more detailed information.
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NHC SLO | CANNABIS RETAIL 21
Objectives
NHC has identified several business goals:
Design, build, and operate a sustainable enterprise that will be cash flow positive and
provide opportunities to give back to the community.
Provide alternative health and wellness services to improve the lives of customers/
patients in SLO and the surrounding areas.
Leverage previous experience to create benchmarks for excellent dispensary
operations within SLO.
Hire local employees who are happy, motivated and actively contribute to a good
working atmosphere for patients and other employees.
Develop and maintain a loyal customer/patient following.
Provide living-wage employment opportunities and create a positive work
environment.
Improve understanding and education about the medicinal benefits of medical
cannabis.
Mission
NHC is dedicated to providing qualified patients with safe and convenient access to
scientifically tested medical-grade cannabis. NHC is committed to providing the community
with alternative health resources in a professional and compassionate environment by
offering low-cost holistic health and wellness services to patients in need. NHC will ensure
that patients who enter our health center will experience a feeling of community, belonging,
and wellness. We strive to serve our community, both patients and non-patients, through
charitable community events and services.
Vision
Natural Healing Center envisions a community-oriented medical cannabis retail storefront
that provides patients in need with safe access to high quality medicine, holistic wellness
services, and educational resources. We foresee NHC serving as a leader in the community
by conducting outreach activities that serve the needs of patients in SLO and the surrounding
areas. We strive to be seen as a good neighbor to local residents and businesses by engaging
city and municipal leaders and serving as an example of a responsible service provider.
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NHC SLO | CANNABISRETAIL22
Organizational Commitments
NHC is committed to:
Providing the community with alternative health resources in a safe, professional
environment where all are treated with respect, compassion and care.
Operating with complete adherence to state and local ordinances, and maintaining a
solid working relationship with all government authorities, including law enforcement
officials.
Improving the community economy by creating jobs, generating income, and multiplying
our financial impact within the community.
Serving our community, both patients and non-patients, through charitable community
events and services.
Being a good neighbor to local residents and businesses by engaging community
leaders and serving as an example of a responsible service provider.
Reducing the stigma associated with cannabis by being a responsible, upstanding
member of the community.
Core Values
NHC believes in:
Compassion - serving our patients professionally with sensitivity to their needs in a
clean environment where they feel safe and secure.
Responsiveness - in our dealings with patients, employees, lenders and the community.
Local First – prioritizing local brands, giving preference to local workers and building a
true Central Coast identity.
Quality - offering safe, high-quality medicinal products subject to careful selection,
processing, and testing by an independent lab, at the best prices possible.
Transparency – regularly auditing financial data by an independent accounting firm.
Community Service - conducting varied and ongoing outreach activities to serve the
needs of patients and others in our community.
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NHC SLO | CANNABIS RETAIL 23
Keys to Success
NHC’s important keys to success include:
Selfless Service, Duty, Respect, Hard Work – NHC’s team is unparalleled in its
commitment to meeting the needs of the community and sees its operation as a way
to fulfill its principles and civic responsibility to respectfully care for the health and
well-being of its neighbors. This philosophy will serve NHC well in establishing a strong
presence as a community resource and ensuring sustainability over time.
Industry Experience – The diverse backgrounds and combined experience of NHC’s
team of highly skilled professionals in patient education, medical cannabis operations,
and compliance make it possible to confidently enact best practices and organizational
plans.
Strong Financial Controls – NHC will conduct business in a transparent manner that is
compliant with all regulations and Generally Accepted Accounting Principles. NHC will
manage all resources according to the highest standards for organizations within the
medical cannabis industry. These practices will minimize a number of risks associated
with operating a dispensary and will support long-term sustainability.
Community Support – NHC has shared with community members our plans for bringing
high quality products and services to SLO, and have articulated a firm commitment to
be an upstanding community member and resource. NHC has heard strong support for
our efforts and encouragement from community members to pursue our plans. This
community support will be critical to positioning within the healthcare marketplace
and also to the long-term success of the organization.
Strong Operational Partnerships – NHC has developed strong local partnerships with
other local farms to ensure access to high-quality safe medicine.
Outstanding Brands – High-quality brands and product lines from delivery systems &
devices, to apparel, will be offered at NHC.
Triple Bottom Line
NHC tracks performance and makes decisions based on the “triple bottom line”philosophy,
meaning we take into consideration the environmental, social and finance impacts of our
operations.
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NHC SLO | CANNABISRETAIL24
NHC
Management
Retail
PROPOSED:
San Luis Obispo
PROPOSED:
Morro Bay
Natural Healing Center
Grover Beach
998 Huston St #A
Grover Beach, CA 93433
Cultivation
LOVR 2
SLO
150 acres
LOVR 3
SLO
260 acres
LOVR 1
SLO
200 acres
Tierra Redonda
Bradley, CA
86 acres
River Rd
San Miguel
63 acres
Tepesquet 2:
56 acres
Tepesquet 1:
40 acres
Pine Canyon:
220 acres
Distribution
Full Melt Distro
Huston St.
Grover Beach, CA
Tepesquet 3:
50 acres
Manufacturing
Huston St.
Grover Beach, CA
4th St.
Grover Beach, CA
Tepesquet 4:
120 acres
Tepesquet 5:
40 acres
Tepesquet 6:
110 acres
Tepesquet 7:
890 acres
Rancho Rd, Nipomo
200 acres
Joshua & Thompson Rd,
Nipomo
147 acres combined
Cougar RidgeRdSantaMaria (SLOCounty)
40 acres
Suey Creek Rd
Santa Maria (SLOCounty)
40 acres
Cougar Ridge Rd,
Santa Maria (SLOCounty)
40 acres
Santa Barbara County San Luis Obispo County
NHC Companies Overview
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NHC SLO | CANNABIS RETAIL 25
1.03 BUSINESS PLAN
Highlights
Major Revitalization
Cannabis Retail Plus Separate Hemp CBD Store
Net Zero Project
Removal of Liquor Store
Removal of Visual Blight: Large Liquor Sign
Ample Parking & EV Chargers
Public Art - Mural & Abstract Piece
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NHC SLO | CANNABISRETAIL26
1.03 Business Plan
Proposed Operation
Natural Healing Center will be a medical and adult-use cannabis retailer located in an existing
commercial building at 2640 Broad Street, zoned C-R in the South Broad Overlay Area of
the Cannabis Zone, a land-use compliant area of San Luis Obispo, California. Additionally, the
existing commercial property at 2600 Broad Street will be a hemp retail store. The two lots
will be merged to create a retail complex.
Location Information
Address: 2640 Broad Street, San Luis Obispo, CA 93401
Zone: C-R
Parcel #: 004-925-035
Address: 2600 Broad Street, San Luis Obispo, CA 93401
Zone: C-R
Parcel #’s: 004-925-033 & 004-925-034
The existing buildings will be improved and altered. There will be 23 off-street parking spaces,
including two ADA spaces. The required parking is only 21 spaces. 6 parking spaces will feature
electric vehicle chargers that will be free of use to customers. The site will also feature a bike
rack.
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NHC SLO | CANNABIS RETAIL 27
Both buildings will have a large main entry that will provide a compliant path of travel from
the public right-of-way and existing parking lot. The existing parking lot will have improved
night lighting (LED & dark sky compliant) and provide 24-hour video security over the entire
parking lot area, delivery entrances, aisle-ways and main entries. The main entry of the
cannabis retail building will be a large, bullet-resistant glass storefront with accessibility and
exiting improvements, per the standing California Building Code and the ADA accessibility
guidelines.
The exterior of both buildings will include complete façade renovations include a reinforced
steel door to the enclosed delivery area and an artistic mural. The exterior will also feature
drought tolerant landscaping and a public art piece. See Section 6: Site & Floor Plans for
additional details and building renderings.
Upon entering the cannabis retail building, the check-in room will have a secure administrative
welcome area. When the cannabis patient’s/customer’s information is collected and verified,
they will be allowed entry into the main, central sales area, through a locked door controlled
by the receptionist. This main area will feature an open floor plan with a combination of
interactive product showcases (touchscreen displays) and traditional counter showcases (like
at NHC’s Grover Beach location), as well as two ADA compliant and accessible restrooms.
The interior appointments, and finishes, will be welcoming, open and bright, and will feature
a “living plant wall”. Other interior improvements include a 2-hour fire rated vault for storage
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NHC SLO | CANNABISRETAIL28
of product.
The building improvements also include upgraded and code compliant, energy efficient lighting
and mechanical heating and air-conditioning. See Section 5: Lighting Plan and Section 8: Odor
Control for more information. Additionally, the building will be equipped with an alternative
power system with photovoltaic, roof mounted solar panels that will provide a high degree of
electrical power capable, that when coupled with energy efficient fixtures, will achieve a Net
Zero Energy building. Please see Section 10: Energy Efficiency Plan for more details.
NHC’s proposed project will remove the
presence of a liquor store (currently located at
2600 Board Street) and a large bright yellow
sign that reads “quick stop liquor”.
This coupled with the extensive renovations,
including improvements to pedestrian safety
along Broad St., with new ingress and egress,
will greatly improve this section of town.
Removal of Visual Blight
000305
Business Ownership & Legal Formation
Natural Healing Center (NHC)’s San Luis Obispo location is organized as NHC SLO LLC, a
California Limited Liability company in the State of California. The articles of incorporation for
were filed with the Secretary of State of California on December 11, 2018.
Equity holders in NHC SLO LLC is as follows:
Helios Dayspring 88%
Nick Andre 3%
Antonio Contreras 3%
Valnette Garcia 3%
Kenneth Johnson 3%
Nick Andre, Antonio Contreras, Valnette Garcia and Kenneth Johnson all have earned at or
below the median household income at the time of application. 2017 IRS tax returns and most
recent paystubs for those individuals are included on the following pages.
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NHC SLO | CANNABISRETAIL42
Property Ownership
The 3 APNs associated with this project are fully owned by Helios Dayspring. The purchase
agreement can be found on the following pages.
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NHC SLO | CANNABISRETAIL480
Capitalization
NHC has ample access to funding. Primary principal Helios Dayspring will use personal funds
to build and operate the project. A personal financial statement documenting $3.6 million in
liquid assets and $12.3 million in real estate equity is enclosed on the following page.
Additionally, over A statement
showing that projection is included on the following pages.
Additionally, Helios Dayspring has access to a $3 million loan if needed. A letter documenting
approval and availability of funds from
can
be found on the following pages. ,
1.09 Financial Capacity
000308
PROOF OF SERVICE
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BEST BEST & KRIEGER LLPATTORNEYS AT LAW18101VON
KARMAN AVENUE, SUITE 1000IRVINE, CALIFORNIA 92612Proof of Service By Overnight Delivery I am a citizen of the
United States and employed in Orange County, California. I am over the age of eighteen years and not
a party to the within-entitled action. My business address is 18101 Von Karman
Avenue, Suite 1000, Irvine, California 92612. On January 28, 2022, I deposited with Federal
Express, a true and correct copy of
the within document(s): DECLARATION OF MICHAEL CODRON IN
SUPPORT OF OPPOSITION TO PLAINTIFF NHC
SLO, LLC’S EX PARTE APPLICATION FOR
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW
CAUSE RE:
PRELIMINARY INJUNCTION in
a sealed envelope, addressed as
follows: John Armstrong Armstrong
Law Group 23232 Peralta
Drive, Suite
102 Laguna Hills, CA
92653 Tel. 949-942-6069 john@armstronglawgroup.co Attorneys for Petitioner/Plaintiff Following
ordinary business practices, the envelope was sealed and placed for collection by Federal Express on this date,
and would, in the ordinary course of business,
be retrieved by Federal Express for overnight delivery on this date. I declare under penalty of perjury
under the laws of
the State of California that the above is
true and
correct.
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28 Petitioner’s compliance with the applicable municipal code provisions On October 6,
FILED!»
FLT-”8012022
SAN LU|§
BISPO SUPERIOR COURT '
D
BY .«Maza/’-.
Frances O'Donnell.Deputy Cler
SUPERIOR COURT OF CALIFORNIA
I
COUNTY OF SAN LUIS OBISPO
Case No.:21CV-(l734
ORDER DENYING PLAINTIFF NHC ~
SL0,LLC’S Ex PARTE
APPLICATION FOR TEMPORARY
RESTRAINING ORDERAND ORDER
To SHow CAUSE RE _
PRELIMINARY INJUNCTION
This ex parte application came on for hearing on February l,2022.After
consideration of the papers and oral argument by counsel,the Court denies the
request
for the
issuance
of a temporary restraining order for thefollowing reasons.
A.Factual Background
In January 1999,Petitioner applied for a cannabis operatorpermit with the City
of San Luis Obispo,at a time when Helios Dayspring was Petitioner’s chief executive -
officer.
On
October 22,2019,Respondents granted thelssuance of a permit,subject
to
NHC SLO,LLC,
Petitioner and Plaintiff,
v.
CITY ’OF SAN LUIS OBISPO;CITY
COUNCIL OF AND FOR THE CITY OF
SAN LUIS OBISPO;AND'DOES 1-10,
INCLUSIVE,
Respondents and Defendants.
000310
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2021,Respondents terminated the permit and issued a notice of automatic
disqualification to Petitioner.The reason cited for this action was Petitioner’s
submission of false or misleading information in obtaining and maintaining the permit.
Specifically,Respondents cited Mr.Dayspring’s-entry of a guilty plea to federal charges
of bribery of a public official,attempted bribery of a public official,and violations of the
federal tax code.These revelations,in Respondents’view,rendered certain
I
representations made by Petitioner in the application process false and misleading.
Petitioner seeks atemporary restraining order ordering Respondents to
immediately reinstate Petitioner’s cannabis operator’s permit and verify that its local
authorization remains in effect.
In determining whether a temporary restraining order or preliminary injunction
should issue,the Court must evaluate two interrelated factors:“(1)the likelihoodthat the
plaintiff will prevail on the merits at trial and (2)the interim harm that the plaintiff
I
would.be likely to sustain if the injunction were denied as compared to the harm the
defendant would be likely to suffer if the preliminary injunCtion were issued.”(Smith v.
Adventist Health System/West (2010)182 Cal.App.4th 729,749;accord Brown v.
Pabifica'Foundation,Inc.(2019)34 ‘Cal.App.5th 915,.925.)The moving'party must
Show a reasonable probability of success on the merits;(Teachers Ins.&AnnuityflSsn.
v.Furlotti (1999)70 Cal.App.4th 1487,1493.)
The Court’s determination of areq‘uest for temporary or preliminary relief “must
be guided by a ‘mix’of the potential-merit and interim-harm factors;the greater the
i
plaintiff‘s showing on one,the less must be shown'on the other to support an’
injunction.”(Butt v.State of California (1992)4 Cal.4th 668,678.).
Generally,interimrelief will be granted only upon a'showing of imminent
irreparable harm to one party if the relief is not granted.(White v.Davis (2003)'30
Cal.4th 528,554.)The purpose of a temporary restraining order is to preserve the status
quo,or prevent irreparable harm pending a noticed hearing for a'preliminary injunction.
Standard of Review
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Weil &_'Brown,Cal.Practice Guide:Civ.Proc.Before Trial (TheRutter Guide 2019)‘H
9:538.)
The relief requested,by Petitioner amOunts to a mandatory injunction,Which is
an order that “compels performance of an affirmative act.”(Davenport v.Blue Cross of
California (1997)52 Cal.App.4th 435,446.)Mandatory temporary restraining orders
and preliminary injunctions are rarely granted “except in extreme cases.where the right
thereto is clearly established.”(Teachers Ins.,supra,.70 Cal.App.4th at p.1493.)
C.Discussion
V
Petitioner represents.that it will suffer irreparable injury if relief is not granted,\
citing the declaration of Valnette Garcia.Ms.Garcia,in essence,5represents that in the
3
event the permit is not reinstated,Petitioner’s state cannabis license will be revoked and
Petitioner will incur a number of costs that could render it insolvent.The Court sustains
Respondents’objections to,Ms.Garcia’s declaration.Even if the objections were
oVerruled,when comparing the potential harm to Petitioner’s
business interests
to the
harm to Respondents’interest in protecting the integrity ofits application process,
the
balance of harm tips in favor of Respondents.
As to the merits,Petitioner fails to show a likelihood of success on thefmen'ts'
sufficient to warrant temporary relief.Mr.Dayspring personally signed Petitioner’s
application fora cannabiSIOperator’s permit under penalty of
perjury,
and made Other
representations during the permitting process.Respondents have presented persuasive
evidence to shOw that Mr.Dayspring made material
misrepresentations
in the
l 1
application process that adversely impacted the approval of the permit.Such acts violate .
the San Luis Obispo City Municipal Code.The fact that Mr.Dayspring is no longer a
member or owner of Petitioneris of no moment,given that his statements formed the
3
basis of the approval.In short,Petitioner fails to show that this is an “extreme “case”
where
the right to a mandatory temporary restraining orderIS
clearly
establiShed.
Respondents’Request for Judicial Noticeis
granted
as to Exhibits 1
and _
2 and
denied as to Exhibit 3.
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DATED:’Februa’ryil,‘2022 -.
O__rder ,
Petltloner 8 Ex Parte Application for
Temporary
Restraining Order
and
Order to
Show Cause re Preliminary Injunction1s denied.
Hon.iRIT EDERMAN
Judge of the Superior.Court
000313
STATE OF CALIFORNIA,COUNTY OF SAN LUISOBISPOCERTIFICATEOFMAILING
John R Armstrong
Armstrong Law Group
23232 Peralta Drive
Suite 102
Laguna Hills,CA 92653
Jeffrey V Dunn
BEST,BEST &KRIEGER LLP
18101 Von Karman Avenue,
Suite 1000
I Irvine,CA 92612
Daniel L Richards
BEST BEST & KRIEGER LLP‘
18101 Von karman Avenue,
Suite 1000
Irvine,CA 92612
Christine Dietrick
OFFICE OF THE CITY
ATTORNEY
990 Palm Street,Room 10
San Luis Obispo,CA 93401
john@annstronglawgroup.co;,
cdictrick@slocity.org;
jeffrey.dunn@bbklaw.com;
daniel.richards@bbklaw.com;
I,‘
Frances O’Donnell,Deputy Clerk of the Superior Court of the State of California,County of
San Luis Obispo,do hereby certify that _I am over the age of 18 and not a party to this action
Under penalty of perjury,I hereby certify that on 02/01/2022 I e-mailed a copy of the attached
Ruling on Submitted
Matter.The foregoing document was
addressed
to each of the above
parties.
IE Document served electronically pursuant to CRC§2.251(b)(1)(B).
Dated:2/1/2022 MiChael Powell,‘Clerk of the Court
s/Frances O’Donnell Deputy Clerk
Frances O’Donnell
NHC SLO,LLC,vs.City’Of San Luis Obispo ,21 CV-0734
By
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