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--lOS ANGELES SUPERIOR eOURl
~
DONALD E. BOSS, State Bar #145551
LAW OFFICES OF DONALD E. BOSS
I
908 South Village Oaks Drive
covina, California 91723
(626) 966-9231
DEC 02 1998
J. RANDALL FAITH, State Bar #50474
LAW OFFICES OF J. RANDALL FAITH
908 South Village Oaks Dr.
Covina, California 91723
(626) 331-1777
Attorneys for Plaintiff NATURALLY NEW ZEALAND PRODUCTS, INC.
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES, NORTH CENTRAL DISTRICT
EC025846
NATURALLY NEW ZEALAND ) Case No.
PRODUCTS, INC., a )
California corporation ) NOTICE OF MOTION AND MOTION FOR
) PRELIMINARY INJUNCTION; MEMORANDUM
Plaintiff, ) OF POINTS AND AUTHORITIES;
) DECLARATIONS OF MELANIE MERRY;
vs. ) ROCHELLE ENDLYi NOEL TURNER;
) AND DONALD E. BOSS IN SUPPORT
THE KINESIS SYNDICATE, an ) THEREOF (CODE OF CIVIL PROCEDURE
unknown business entity; ) SECTION 526(a) (1), (a) (3) and
MARKET-INTERFACE, a ) BUSINESS AND PROFESSIONS CODE
California Limited Liability ) SECTION 14402, 17200).
Corporation; and DOES 1-10 )
)
c9. }51 <tot
Defendants. )
)
pep\--A
9 ~ O O
PLEASE TAKE NOTICE THAT Plaintiff I s motion for a preliminary
injunction in this matter will be heard in Department "tt" of the Los
Angeles county Superior Court located at 600 E. Broadway, Glendale,
California 91206-4395 at the above-stated date and time.
LAW OFFICES OF DONALD E. BOSS
DATED: November 2, 1998 B Y : ~ ~
Donald E. Boss, Attorney for
Plaintiff
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MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION
FOR PRELIMINARY INJUNCTION
1. STATEMENT OF FACTS
Plaintiff is a California corporation engaged in the importation
and resale of various seafood products. Plaintiff's principal place of
business in Walnut, California. Plaintiff has been incorporated under
the name Naturally New Zealand Products, Inc. since December 20, 1991
and has continuously done business under that name since that date.
Attached hereto as Exhibit "A" and incorporated herein by this reference
are the certificate of Amendment to Plaintiff's Articles of Incorpora
tion showing a corporate name change.
Plaintiff's business activities include importing seafood products
from suppliers in New Zealand, Fiji, Tonga, and Australia and then
re-selling those products to various wholesalers located in California.
Plaintiff's customers are wholesalers that deal directly with grocery
stores and restuarants in Southern California in direct competition with
the Defendants. Declaration of Melanie Merry at page 1, lines 14 to 18
Plaintiff has longstanding relationships with its suppliers and
customers and has built up a credit history under that name as well as
sUbstantial goodwill in the industry.
Since doing business under the Naturally New Zealand Products, Inc.
name, Plaintiff had occasion to deal with Peter Withers, a member of a
trade organization funded by the New Zealand government. Accordingly,
Peter withers was well aware of the fact that the Naturally New Zealand
Products, Inc. name was already being used within in the seafood
industry, specifically with respect toprodu.c:ts being 6btainedfrom New
Zealand. Declaration of Melanie Merry at page 1, lines 19-24; and
Declaration of Rochelle Endly at page 1, lines 24-28.
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In the early part of 1997, Plaintiff's President, Melanie Merry,
received a telephone call from Peter Withers. During the course of
that conversation, Peter withers stated to that he had formed an
organization called "The Kinesis Syndicate," and that said organization
desired to hold an in-store promotion inside the Whole Foods Markets,
Inc. chain of specialty grocery stores under the name "Naturally New
Zealand". Declaration of Melanie Merry at page 1, lines 25-28.
From the conversation, Melanie Merry was lead to believe that the
promotion would constitute some display banners and in-store promotional
advertisements and little to nothing else. Declaration of Melanie Merry
at page 2, lines 1 to 3.
Based upon Peter withers representations that The Kinesis Syndicate
would be doing nothing more than a simple in-store promotion, Melanie
Merry agreed that the Kinesis syndicate could use the name Naturally New
Zealand for such a limited purpose. Declaration of Melanie Merry at
page 2, lines 7 to 10.
Some months later, in the middle of 1997, Melanie Merry received a
facsimile communication from Bruce Young, the Chief Executive of Mona
Pacific Fisheries, Ltd. informing her that The Kinesis syndicate was not
merely using the name for a simple in-store promotion but was, in fact,
shipping and sourcing product under the name "Naturally New Zealand" as
well as conducting business operations under that name with various
third parties. Declaration of Melanie Merry at page 2, lines 11 to 16.
Attached hereto as Exhibit "Btl, is a true and correct copy of the letter
from Bruce Young to Melanie Merry.
Sometime thereafter,Melanie Merry received a telephone call from
"Seafax", a credit organization that deals with suppliers and vendors in
the seafood trade. During the course of that conversation, the caller
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inquired as to whether Ms. Merry had recently filled out an application
for a line of credit under the Naturally New Zealand name. Declaration
of Melanie Merry at page 2, lines 17 to 24.
In response to the information that Peter Withers and The Kinesis
syndicate were conducting activities far in excess of what had been
originally represented, Ms. Merry retained the Law Office of Donald E.
Boss to write a cease and desist letter to Peter Withers and The Kinesis
syndicate. Declaration of Melanie Merry at page 2, lines 25 to 28 and
Declaration of Donald E. Boss at page 1, lines 9 to 13. Attached hereto
and incorporated herein by this reference as Exhibit "e" is a copy of
that letter.
During the next six months or so, counsel for Plaintiff and counsel
for Defendants attempted to negotiate a licensing agreement between the
parties. Declaration of Melanie Merry at page 3, lines 1 to 7. and
Declaration of Donald E. Boss at page 1, lines 14 to 21. During the
course of those negotaions, counsel for Defendant initially indicated a
willingness to enter into such an agreement. Declaration of Donald E.
Boss at page 1, lines 14 to 21.
Ultimately, however, counsel for the Kinesis Syndicate stated that
Peter Withers was unwilling to sign the agreement unless his
organization could continue to source and invoice customers and deal
with the public at-large under the Naturally New Zealand name.
Declaration of Donald E. Boss at page 1, lines 20 to 22. Due to
Defendants' desire to continue its business operations under the name
"Naturally New Zealand" this action has resulted.
During the cour-se ufa subsequent investi-gatioIl, into the matter,
Plaintiff has learned the following additional facts:
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1 A. That Market Interface, LLC filed its Articles of Organization
2 on April 1, 1997 - five and one-half years after Plaintiff began doing
3 business under that name. Attached hereto as Exhibit "0" is a true and
4 correct copy of the Ficititious Business Filing for Los Angeles county
as filed by Peter Withers;
6 B. That Defendants, through their authorized agent, Peter
7 Withers, had stated to a third party that Defendants were aware of the
8 prior use of that name but that Defendants would eventually own the
9 rights to use the Naturally New Zealand name. Declaration of Rochelle
Endly at page 1, line 27 to page 2, line 4; and Declaration of Noel
11 Turner at page 1, lines 18 to 20;
12 C. That Peter Withers formed Defendant Market Interface, LLC for
13 the sole purpose of doing business under the "Naturally New Zealand
14 name. Declaration of Melanie Merry at page 3, lines 8 to 14 i and
Exhibit "E", a true and correct copy ofa download of Defendant
16 Market Interface, LLC's web site, wherein Defendants state that Market
17 Interface LLC was formed expressly for the Naturally New Zealand
18 marketing campaign. See page 3 under the heading "Management Team";
19 D. That Market Interface, LLC claims the ownership rights to a
state trademark in the Naturally New Zealand name despite Peter Withers
21 prior knowledge of Plaintiff's use of that name. See Exhibit "E";
22 E. That Defendant Market Interface, LLC holds itself out as the
23 owner of a federal trade name registration for the name "Naturally New
24 Zealand" on its cartons of ice cream when, in fact, its does not hold
such a registration. Attached hereto as Exhibit "F" are two copies of
~ - - 2 ~ a container for uAnnie 'sTce Cream" one of tne pr-oducts as advertized on .
27 the web site (Exhibit "0").
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Also attached hereto as Exhibit "Gil is a true and correct copy of
the results of a trademark search performed for the name "Naturally New
Zealand". Declaration of Donald E.Boss at page 2, lines 1 to 8.
The court will note that the 1-800-933-7367 telephone number listed
on Exhibit "F" is the same telephone number as provided on Defendant's
website, Exhibit "D".
~ A FIRST IN TIME USER HOLDS A REBUTTABLE PRESUMPTION OF
THE RIGHT TO USE THE NAME.
It is a well-established principle of the law that the first in
time registrant of a name under a filing with either the Secretary of
State or by Fictitious Business Name filing holds the exclusive right to
use that name. Business and Professions Code section 14416.
In the case at bar, Plaintiff filed its corporate name change with
the Secretary of State's Office on December 20, 1991 and proceeded to
conduct business under that name continuously thereafter. Defendant
Market Interface, LLC did not file its Fictitious Business Name filing
until June 24, 1997.
3. A PRELIMINARY INJUNCTION SHOULD BE ISSUED IF PLAINTIFF'S
RIGHT TO RELIEF IS APPARENT FROM THE FROM THE COMPLAINT OR VERIFIED
DECLARATIONS AND THE RELIEF RESTRAINS THE CONTINUANCE OF THE ACT
COMPLAINED OF.
An injunction may be granted when it appears from the complaint or
evidence submitted that Plaintiff is entitled to the relief demanded
which consists of restraining the further commission of an act
complained of. Code of Civil Procedure Section 526(a) (1) and see
Dingley v. Buckner 11 Cal. App. 181, 183;;;';'1.84, 104 P.478 (1909) and
Southern Leadership Conference v. Al Malaikah Auditorium Co. 230
Cal.App. 3d 207, 223, 281 Cal. Rptr. 216 (1991).
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Business and Professions Code Section 14402 states: "Any court of
competent jurisdiction may restrain, by injunction, any use of trade
names in violation of the rights defined in this chapter."
.1. DEFENDANTS CONTINUED USE OF THE NAME WILL LIKELY CAUSE
CONFUSION UNLESS RESTRAINED BY COURT ORDER.
Plaintiff and Defendants do business in a relatively small
industry. Plaintiff f s customers are wholesalers that are in direct
competition with the Defendants. As such, Plaintiff has already
experienced several occasions in which third parties were confused as to
the relationship between the parties to this action. It seems certain
that such confusion will continue to occur in the future unless
restrained by court order.
b A PRELIMINARY INJUNCTION SHOULD BE ISSUED SINCE MONETARY
DAMAGES ARE AN INADEQUATE REMEDY.
An injunction may be granted when pecuniary compensation will not
afford adequate relief or when it would be extremely difficult to
ascertain the amount of compensation that would afford complete relief.
Code of Civil Procedure Sections 526(a) (4) & 526(a) (5).
Here I the value of Plaintiff's damages due to potential lost sales,
confusion within the industry, potential credit problems, or other
damages would be extremely difficult to calculate at the time of trial.
Accordingly, issuance of a preliminary injunction is the most
appropriate remedy in this matter.
h CONCLUSION
Based upon Plaintiff's prior use Naturally New Zealand name, the
confusion that has already occurred as to the identity of the parties
involved in this action based upon the sUbstantial similarity of their
names, the power of the court to impose a preliminary injunction
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pursuant to Business and Professions Code section 14402, and the
inadequacy of monetary damages, Plaintiff respectfully requests the
imposition of the preliminary junction as prayed for in the accompanying
Order of the Superior Court.
LAW OFFICES OF DONALD E. BOSS
DATED: November 2, 1998.

Attorney for
Plaintiff Naturally New Zealand
Products, Inc.
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DECLARATION OF MELANIE MERRY UNDER PENALTY OF PERJURY
IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION
I, Melanie Merry, declare as follows:
1. I am the President of Naturally New Zealand Products, Inc., an
importer of seafood products that has been doing business under that
name since December of 1991. I have personal, first-hand knowledge of
the following facts and if called upon to testify as set forth below,
could and would competently do so.
2. Attached hereto as Exhibit "A" and incorporated herein by this
reference is a true and correct copy of the certificate of Amendment of
the Articles of Incorporation changing the name of the corporation from
New Zealand Pacific Products, Inc. to Naturally New Zealand Products,
Inc. on December 20, 1991.
3. Plaintiff's business activities include purchasing seafood
products from suppliers located in New Zealand, Tonga, Fiji, and
Australia and re-selling those products to various wholesalers located
in California who then sell those items directly to restaurants and
grocery stores, often in competition with the Defendants' products.
4. Since doing business under the Naturally New Zealand Products,
Inc. name, I had occasion to deal with Peter withers in his capacity as
a member of a trade organization funded by the New Zealand government.
During the course of those dealings, Peter withers was aware of my use
of the Naturally New Zealand Products, Inc. name as he was dealing with
me in my capacity as president of my corporation.
5. In late January or early February of 1997, I received a
friendly telephone call from Peter withers inquiring as to whether I had
any objections to his doing a small in-store promotion in conjunction
with Whole Foods Markets, Inc. under the name "Naturally New Zealand."
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In explaining the concept of the promotion to me, Peter withers lead me
to believe that the marketing program would amount to a few display ads
or banners being placed inside the Whole Foods Market stores.
6. From the tenor of the conversation and from the choice of
Peter withers words, I also assumed that the promotion would be for a
short period of time as is customary in the grocery business.
7. After listening to Peter Withers description of the
promotion, I stated that I had no objection to his using the name
"Naturally New Zealand" for an in-store promotion only as he described
the presentation to me during the course of that conversation.
8. sometime thereafter, I received a telephone call and fax
communication from Bruce Young of Mona Pacific Fisheries in New Zealand
informing me that another organization was shipping and sourcing product
under the Naturally New Zealand name. A true and correct copy of the
fax that I received is attached hereto as Exhibit "B" and is incorporat
ed herein by this reference.
9. Several months after that, in september of 1997, I received a
telephone call from "Seafax", a credit organization that deals with
suppliers and vendors in the seafood business. During the course of
that conversation, I was informed that another organization had filled
out a credit application under the Naturally New Zealand name.
informed the caller that I had not applied for credit and that any
organization or association operating under that name was not affiliated
with my company.
10. Immediately thereafter, I retained the Law Office of Donald E.
Boss to writ aeease and desist letter. A true ana correct copy of
that letter is attached hereto as Exhibit "e" and is incorporated herein
by this reference.
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11. During the next six months or so, Mr. Boss and counsel for
Peter withers to negotiate a licensing agreement between my company and
The Kinesis Syndicate, the legal entity believed to be using the
Naturally New Zealand name at that time. Ultimately, however, Mr.
withers decided not to sign the agreement, in part, because he wanted to
continue sourcing and invoicing his customers under the Naturally New
Zealand name.
12. Attached hereto and incorporated herein as Exhibit "E" is a
true and correct copy of a web site which I downloaded from the internet
on September 1, 1998 of this year. The court will note that the Kinesis
Syndicate and/or Market Interface, LLC are conducting business under the
"Naturally New Zealand" name in a manner far exceeding their use of the
name as originally represented to me during the course of that earlier
telephone conversation.
13. The court will also note that Market Interface claims the
ownership rights to a state trademark in the Naturally New Zealand name
despite Peter withers prior knowledge of my company.
14. I have filed this action and the accompanying motion for a
preliminary restraining order to prevent the Kinesis Syndicate, Peter
Withers, Richard Osborne, Market Interface, LLC, arid any other parties
involved on their behalf from using the Naturally New Zealand name.
15. I feel that Peter Withers initial telephone conversation with
me was intentionally misleading and deceptive in that he failed to tell
me that he would be applying for credit, invoicing and sourcing
customers, printing T-shirts with a corporate logo, creating a web site,
and doing business and assorted otherac-tivities under the Naturally New
Zealand name.
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I declare under penalty of perjury under the laws of the state of
California that the foregoing is true and correct and that this
declaration was executed on 1998 at Covina, California.
.
. MELANIE
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DECLARATION OF NOEL TURNER UNDER PENALTY OF PERJURY
IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION
2
I, Noel Turner, declare as follows:
1
1. I am the President of Turner New Zealand, an importer

products. I have personal, first-hand knowledge of the
6 following facts and if called upon to testify as set forth below, I
7 could and would competently do so.
8 2. During the course of 1997, I was invited by Peter withers to
9 become a participant in a business promotion venture under the name
10 "Naturally New Zealand". I was surprised to hear him use that name in
11 that I knew that it was already being used by Melanie Merry of Naturally
12 New Zealand Products, Inc.
13 3. In due course, Peter withers came down to my offices in
14 Newport Beach, California to speak to me about his business promotion
15 venture. It was during the course of that meeting that I asked Peter
16 Withers about his use of the "Naturally New Zealand" name which is well
17 known in our small industry.
18 4. In response to my questioning, Peter withers stated that his
19 use of the name would not be an issue in that he would eventually own
20 the rights to use the "Naturally New Zealand" name.
21 5. sometime thereafter, I had a conversation with Melanie Merry
22 wherein I was shocked to learn that she had not agreed to sell her
23 rights to the name "Naturally New Zealand."
24 I declare under penalty of perjury under the laws of the state of
25 California that the foregoing is true and correct and that this
-2 deGla:r-ation was executed on October at Newport Beach,
27 California.
NO TURNER
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DECLARATION OF ROCHELLE ENDLY UNDER PENALTY OF PERJURY
IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION
I, Rochelle Endly, declare as follows:
1. I am the E-Business Manager for Turner New Zealand in Newport
Beach, California. I have personal, first-hand knowledge of the
following facts and if called upon to testify as set forth below,
could and would competently do so.
2. In December of 1996, I was involved in a series of telephone
calls and face to face meetings with Peter Withers, represented to me as
a past member of the New Zealand Board of Trade. Those discussions
pertained to Peter Withers attempt to produce a television show
promoting various New Zealand products called "Taste New Zealand".
3. From my discussions with Peter Withers, I learned that he was
unable to garner enough sponsors to produce the television show.
4. Thereafter, in February of 1997, I was again in contact with
Peter Withers about a new business promotion venture entitled "Naturally
New Zealand".
5. On or about March 25, 1997, our office received a letter
addressed to my boss, Noel Turner, from Richard Osborne concerning the
Naturally New Zealand program.
6. During the course of a face to face meeting in our company
offices located in Newport Beach, California, Peter withers was asked by
my boss, Noel Turner, if this new marketing program using the "Naturally
New Zealand" name was associated with Melanie Merry's company. In
response, Peter withers stated words to the effect of:
"I know Melanie Merry and am aware that she has been using that name.
I've worked it all out with her and it will be fine."
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7. While I do not remember Peter withers. words verbatim, he went
on to state that the use of the "Naturally New Zealand" name would not
be an issue and it was something that Turner New Zealand should not be
concerned about.
I declare under penalty of perjury under the laws of the state of
California that the foregoing is true and correct and that this
declaration was executed on October :2 f(, 1998 at Newport Beach,
8 California.
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DECLARATION OF DONALD E. BOSS UNDER PENALTY OF PERJURY
IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION
I, Donald E. Boss, declare as follows:
1. I am an attorney at law duly licensed to practice before all
courts of the State of California and am one of the attorneys of record
for Plaintiff. I have personal, first-hand knowledge of the following
facts and if called upon to testify as set forth below, I could and
would competently do so.
2. Plaintiff Naturally New Zealand Products, Inc. through its
President, Melanie Merry, came to see me about this matter in late
September of 1997. Shortly thereafter, I drafted and served the Cease
and Desist letter which has previously been attached to this motion as
Exhibit "C".
3. In response to the service of my letter, I received a written
letter from Paul Velasco, represented to me as the attorney for Peter
withers and others involved in the Naturally New Zealand program.
Thereafter, my office and Paul Velasco attempted to resolve this matter
by means of a licensing agreement from my client to Defendants. These
negotiations lasted from last year until approximately the middle of
this year. Ultimately, however 1 the negotiations fell through when Paul
Velasco's client(s) would not agree to our terms since it would prevent
them from sourcing product under the Naturally New Zealand name.
4. Subsequently, Melanie Merry authorized this action and motion
for a preliminary judgment. During the course of my discovery, I
purchased the "Annie's New Zealand Ice Cream" at a Whole Foods Market
store in Glendale. A true and correct copy of a portion of the package
has been attached hereto and incorporated herein by this reference as
Exhibit "F".
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5. The court will note that the portion of the label which has
been copied and submitted for the court's attention references that a
Trade Name registration has been obtained with the united states Patent
Office.
6. Thereafter, I retained the services of Edward Ansell, a Patent
and Trademark attorney in Claremont, California to run a search on the
use of the name "Naturally New Zealand." A true and correct copy of
those results are attached hereto as Exhibit "Gil and are incorporated
herein by this reference.
7. The court will note that the United states Patent Office has
not granted rights to use the name "Naturally New Zealand" despite
Defendants' representations as such on its package.
I declare under penalty of perjury under the laws of the state of
California that the foregoing is true and correct and that this
'"'l...-.
declaration was executed on November , 1998 at Covina,
California.
& r # 2 ~
Donald E. Boss
2
908 S. ViI Oaks Drived
;j?, .Z--:..'
Covina,
[X]
CA 91724

ASSIGNEE OF
RECORD
BY F. HDAM-ZAMIRI
NAME OF COURT: SUPERIOR COURT OF CALIFOR
STREET ADDRESS: 300 East Walnut
R 'SUS80NLY
MAILING ADDRESS: Same
CASE NUMBER:
CITY AND ZIP CODE: Pasadena, CA 91101 EC 025846
BRANCH NAME: North Central District
PLAINTIFF: Naturally New Zealand Products, Inc., a
FOR COURT USE ONLY
California corporation
DEFENDANT: The Kines Syndicate, an unknown business
entit and Market-Interface a California Limited
y OR1=OR AND RENEWAL OF JUDGMENT
. ER
FILulJ
EJ-190
LeS ANGELES SUPERIOR COURT
ATTORNEY OR PARTY WITHOUT ATTORNEY (Nlilme and Address): TEL. NO.:
{'
Recording requested by and return to: ( 62 6 ) 9 66- 92 31
-DONALD E. BOSS [SBN 145551] WOV '82006
ATTORNEY AT LAW
J08N "'\..r-rirl.C, CLERK
Judgment creditor
Assignee of record
applies for renewal of the judgment as follows:
1. Applicant (name and address):
Naturally New Zealand Products, Inc.
20120 Paseo Del Prado, Suite F
Walnut, California 91789
2. Judgment debtor (name and last known address):
The Kinesis Syndicate
1111 Stradella Road, Los Angeles, California 90079; and L-________________________
Market Interface, LLC
111 Stradella Road, Los Angeles, California 90079
3. Original judgment
a. Case number (specify): EC025846
b. Entered on (date): Ju1y 29, 1999
c. Recorded:
(1) Date: October 17, 2006
(2) County: Los Angeles
(3) Instrument No.: 06-2309820
4. Judgment previously renewed (specify each case number and date):
5. Renewal of money judgment
a. Total judgment. . . . . . . . . . . . . . . . $ 250,478.00
b. Costs after judgment ...... $
c. Subtotal (add a and b) . .............. $ 250,478.00
d. Credits after judgment. ................ $
e. Subtotal (subtract d from c) . ............. $ 250,478.00
f. Interest after judgment .............. $ 181,637.14
g. Fee for filing renewal application ......... $ 20.00
h. Total renewed judgment (add e, f, and g) .... $
i. The amounts called for in items a - h are different for each debtor.
These amounts are stated for each debtor on Attachment 5.
Page 1 of2
Form Approved for Optional Use
APPLICATION FOR AND RENEWAL OF JUDGMENT Leqal CodeofCivll Procedure, 683.140
Judicial Council of California
EJ.190 [Rev. January 1. 2002)
Soluti'gns

SHORT TITLE: Naturally New Zealand v.
Syndicate
The Kinesis CASE NUMBER;
EC 025846
6. ex-] Renewal of judgment for possession.
Dsale.
a. D( I If judgment was not previously renewed, terms of judgment as entered:
"That Naturally New Zealand Products, Inc. shall recover from the
Kinesis Syndicate and Market Interface, LLC jointly and severally monetary
damages in the amount of One Dollar ($1.00) and costs of suit in the
amount of Four Hundred Seventy-Seven Dollars ($477.00) and punitive
damages in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00)"
b. If judgment was previously renewed, terms of judgment as last renewed:
c. Dn Terms of judgment remaining unsatisfied:
"That Naturally New Zealand Products, Inc. shall recover from the
Kinesis Syndicate and Market Interface, LLC jointly and severally monetary
damages in the amount of One Dollar ($1.00) and costs of suit in the
amount of Four Hundred Seventy-Seven Dollars ($477.00) and punitive
damages in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00)"
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: November 10, 2006
DONALD E. BOSS
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)
EJ-190 [Rev. January 1. 2002]
APPLICATION FOR AND RENEWAL OF JUDGMENT Page 2 of2
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DECLARATION REGARDING CALCULATION OF INTEREST
I, Donald E. Boss, declare as follows:
1. That I am an attorney duly licensed to practice before all courts in the State of
California am the attorney for Naturally New Zealand Products, Inc., the Plaintiff and
now the Judgment Creditor. That I have personal, first-hand knowledge of the events
described below and that if called upon to testify to same that I could and would competently
do so.
2. The current amount due under the Judgment for principal and interest has been
calculated as follows:
7-29-99 Judgment Amount
10-31-06 Payments Made
Remaining Balance Owed
Additional Interest at $68.62 per day to 7/29/06
($250,478.00 x .10/365 = $68.62 day x 2,555 days
(7 years x 365 days)
Interest from 7/29/06 to 10/31/06
($68.62 per day x 92 days)
Total Interest Calculation since Judgment
Total Judgment + Interest
($250,478.00 + $181,637.14)
$250,478.00
($ 000.00)
$250,478.00
$175,324.10
$ 6,313.04
$181,637.14
$432,115.14
3. I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct and that this declaration was executed on October 31,
2006 at Covina, California.
6 U / f ~
Donald E. Boss
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