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Jun 23 2008 2:46PM 185.

4811811 P•7

Robert M. Traylor, Esq. (SBN 204445)


Dan Abbott, Esq. (SBN 218334)
SELTZER CAPLAN MCMAHON VITEK
A Law Corporation
JUN
750 B Street, 2100 Symphony Towers 71Tri8
San Diego, California 92101-8177
Telephone: (619) 685-3003 8y: Lisa Von Nordhelin, Deputy
Facsimile: (619) 685-3100

Attorneys for Defendants Parabolic, LLC and Adam Gil man

SUPERIOR COURT OF CALIFORNIA, C UNTY OF SAN DIEGO


(CENTRAL DIVISI N)

PanGenex Corporation, ) CA E NO. 37-2008-00085984-CU-BC-


) C
Plaintiff, )
) DE LARATION OF KYLE ROWER IN
VS. ) SU PORT OF EX PARTE
) AP LICATION FOR RELIEF FROM
Parabolic, LLC, Adam Gillman and DOES 1 ) TE PORARY RESTRAINING
through 50, inclusive, ) O ER, AND/OR TO CONTINUE
) HE NG DATE ON ORDER TO
Defendants. ) SH W CAUSE
)
) TI 8:30 a.m.
) DA June 25, 2008
) DE T: C-72
) GE: Hon. Judge Michael M.
) Anello
)
)

I, Kyle Rower, declare as follows:


1. I am a member of Parabolic, LLC. I hav personal knowledge of the matters set
forth in this declaration, and, if necessary, I could testi competently as to such matters.
2. Attached hereto as Exhibit "A" is a copy of the facsimile received by Parabolic
on June 18, 2008 from Applbaum & Souvas LLP, inclu•mg all the attached blank pages.

DECLARATION OF KYLE ROWER IN SUPPORT OF EX PARTE F RELIEF FROM TEMPORARY


RESTRAINING ORDER BASED ON LACK OF SERVICE AND NOT CE
Jun 23'2008 2:46PM 185o4811811 p.8

1 3. At or about 11:44 a.m., on June 19, Parab olic received a multiple-page fax with
2 PanGenex's ex parte application and supporting pape rs. This was after the hearing time
3 scheduled for PanGenex's motion.
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5 I declare under penalty of perjury under the laws f the State of California that the
6 foregoing is true and correct. Executed this day of e, 2008, at San Diego, California.
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28 DECLARATION OF KYLE ROWER IN SUPPORT OF EX PARTE FCR RELIEF FROM TEMPORARY
RESTRAINING ORDER BASED ON LACK OF SERVICE AND NOT-CE