John Chiv: Today in the Redwood Nylander lawsuit, score 1 for Owens and Burke; Zero for Day-Wilson

Aug 16, 2024

Today in the Redwood Nylander lawsuit, score 1 for Owens and Burke; Zero for Day-Wilson

Ms. Heather Burke of Harland Law Firm was retained yesterday by retained by Ryan and John Nylander yesterday. She joined Mr. Dustin Owens who represents Redwood Meat Co., Inc. Ms. Cyndy Day- Wilson was there on behalf of Stephanie, Rachel and Russel Nylander this morning for the Order to Show Cause hearing regarding the preliminary injunction filed by Ms. Day-Wilson.

In my August 9, I included documents from an opposition filed by Mr. Owens. Yesterday late afternoon, Ms. Burke also filed an opposition. Since the file was in court this morning, it will take time for that document to be entered into e court. I may wait to see what documents are added after the hearing. I am not adding every single lengthy civil filing of the Nylander Christie drama. People can trek up to the courthouse and look up every single document if they want. I am adding Ms.Day-Wilson's reply to Mr. Owen's filings to this post since it is relevant to the hearing.

Mr. Owens said the temporary orders were overboard. If the TRO is modified according to the suggestions he made; he is fine with the filing. Mr. Owens said he will file a demurrer in December.

Ms. Burke said she agrees with Mr. Owens that the TRO keeps the business from taking action and steps to sell the business.

Corporation Code 800 (d) isn't exciting but the exchange between the attorneys and difference in the demeanor of Ms. Burke, Mr. Owens vs. Ms. Day Wilson was worth covering the hearing live. Two were professional; one was hysterical. Mr. Owens and Ms. Burke brought up Corporation Code 800 in their remarks.

Mario Avelar was there. It seems he attends court hearings involving Ray Christie instead of Ray himself. I am not sure who the other man was with him. Ms. Day-Wilson referred to Christie in court today as the alleged majority shareholder.

Ms. Day-Wilson said her biggest concern was that "it is late. I ask Corporation's opposition be stricken. Corporation cannot file demurrer. It can only challenge."

"Regarding the amendments, the TRO has been violated," said Ms. Day-Wilson. The defendant went out and intentionally sold the corporation in violation."

Ms. Day-Wilson said what the attorney for "the alleged purchaser" is claiming "isn't adding up with what is in the corporate minutes."

One of the funniest moments was Judge Canning agreeing with the other lawyers and the audience members and telling Ms. Day-Wilson, "What was sold were shares; not corporate assets."

"They are!" piped up a voice from the audience.

Ms. Day-Wilson told Judge Canning, " You and I are having a conversation" and mentioned there should be no comments from the gallery.

Judge Timothy Canning admonished the audience member for the outburst. It was Mr. Stuart Smits whose declaration is posted in the August 9 post and is a part of Mr. Owens filing. As an attorney, he should know better than talk from the audience.

Ms. Day-Wilson said that at the shareholders meeting, "we learned about the sale in the corporation's opposition."

There was a whole back and forth with Ms. Day-Wilson making claims and Ms. Burke and Mr. Owens correcting her. Stocks, equity, proof of service and the demurrer was discussed. Both Ms. Burke and Mr. Owens said Corporation Code 800 (d) "was not followed" and "complied with."

Ms. Day-Wilson also made claims about service. Here is a court document filed by Len "Chip" Perry of Redwood Legal Services.

The summary until then is score 1 for Owens and Burke; zero for Day-Wilson. Ms. Burke's request to continue the preliminary injunction hearing was granted and that date is September 18. Mr. Owens request to modify the temporary orders was granted with Judge Canning implementing his suggestions. There is a case management conference on November 15.

Not a single person I have spoken with who has lived in this community for decades and knows the Nylanders and Christie have anything to nice to say about either of them. Those savvy in the financial community and who are familiar with how local business is done told me Christie is going to end up in charge of Redwood Meat and turn a profit. He is probably going to hire someone to manage it," said one local financial leader.