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Robert M. Traylor, Esq. (SBN 204445) Dan Abbott, Esq. (SBN 218334) SELTZER CAPLAN MCMAHON VITEK A Law Corporation 750 B Street, 2100 Symphony Towers San Diego, California 92101-8177 Telephone: (619) 685-3003 Facsimile: (619) 685-3100 Attorneys for Defendants Parabolic, LLC and Adam Gil man

JUN

71Tri8

8y: Lisa Von Nordhelin, Deputy

SUPERIOR COURT OF CALIFORNIA, C UNTY OF SAN DIEGO (CENTRAL DIVISI N) PanGenex Corporation, Plaintiff,
VS.

) ) ) )
)

CA E NO. 37-2008-00085984-CU-BCC DE SU AP TE O HE SH
TI

Parabolic, LLC, Adam Gillman and DOES 1 through 50, inclusive, Defendants.

) ) ) ) ) ) ) ) ) ) ) ) )

LARATION OF KYLE ROWER IN PORT OF EX PARTE LICATION FOR RELIEF FROM PORARY RESTRAINING ER, AND/OR TO CONTINUE NG DATE ON ORDER TO W CAUSE 8:30 a.m. June 25, 2008 C-72 Hon. Judge Michael M. Anello

DA DE T: GE:

I, Kyle Rower, declare as follows: 1. 2. I am a member of Parabolic, LLC. I hav personal knowledge of the matters set Attached hereto as Exhibit "A" is a copy of the facsimile received by Parabolic forth in this declaration, and, if necessary, I could testi competently as to such matters. on June 18, 2008 from Applbaum & Souvas LLP, inclu•mg all the attached blank pages.
RELIEF FROM TEMPORARY DECLARATION OF KYLE ROWER IN SUPPORT OF EX PARTE F RESTRAINING ORDER BASED ON LACK OF SERVICE AND NOT CE

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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. 4 5

I declare under penalty of perjury under the laws

f the State of California that the e, 2008, at San Diego, California.

6 foregoing is true and correct. Executed this day of 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

KYLE ROWE

2 28 DECLARATION OF KYLE ROWER IN SUPPORT OF EX PARTE FCR RELIEF FROM TEMPORARY
RESTRAINING ORDER BASED ON LACK OF SERVICE AND NOT-CE