Pacific Law Center et al v. Saadat-Nejad

Filing 3

Ex Parte MOTION for Temporary Restraining Order by Solomon Ward and by Pacific Law Center. (Attachments: # 1 Memo of Points and Authorities in Support of Motion# 2 Declaration of Thomas Slattery# 3 Declaration of Edward J. McIntyre)(McIntyre, Edward)

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EDWARD J. MCINTYRE [SBN 80402] [e-mail] SOLOMON WARD SEIDENWURM & SMITH, LLP 401 B Street, Suite 1200 San Diego, California 92101 Telephone: [phone] Facsimile: [phone] Attorneys for Pacific Law Center and Solomon Ward Seidenwurm & Smith, LLP

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

PACIFIC LAW CENTER, a Professional Law Corporation; and SOLOMON WARD SEIDENWURM & SMITH, LLP, Plaintiffs, v. SHAHROKH SAADAT-NEJAD, an individual, Defendant.

CASE NO. 07-CV-00460 L (POR) DECLARATION OF EDWARD J. MCINTYRE IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION Date: Not Yet Scheduled Time: Not Yet Scheduled Courtroom: 14 Hon. M. James Lorenz

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07-CV-00460 L (POR) DECLARATION OF EDWARD J. MCINTYRE IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION

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I, Edward J. McIntyre, declare: 1. I am a member of the State Bar and a partner at Solomon Ward Seidenwurm &

Smith, LLP, counsel for Pacific Law Center and Solomon Ward and general counsel to the firm. I have personal knowledge of the facts in my declaration. 2. I represent Pacific Law Center both in this case and in an action in superior

court, Pacific Law Center v. Saadat-Nejad, Case No. GIC 878352. 3. On behalf of Pacific Law Center, I dismissed the defendant, ushostage.com,

from the state-court action as a precondition that Saadat-Nejad imposed before he would meet to see if this dispute could be resolved. Friday Meeting with Saadat-Nejad. 4. On Friday, March 15, 2007, I invited Saadat-Nejad to meet at our offices with,

Thomas Slattery, a supervising criminal law attorney at Pacific Law Center, Matthew Spiegel--whom Saadat-Nejad insisted be present--and me. 5. Saadat-Nejad showed up with, among other items, a tape recorder and a

baseball bat. That notwithstanding, we met with him for four hours or more to see if we could reach resolution. 6. 7. Mr. Slattery and I, as of Friday evening, were hopeful. After a telephone conversation with Saadat-Nejad on Monday morning,

however, and based on other actions he took on Monday, Pacific Law Center and Solomon Ward conclude that it is necessary for them to come to this Court and seek both a temporary restraining order and an order to show cause for a preliminary injunction. Solomon Ward. 8. Solomon Ward is, and has been for more than 25 years, a San Diego law firm,

known and practicing throughout California and across the country. 9. Solomon Ward has used the exclusive service marks and trade names

"Solomon Ward Seidenwurm & Smith" and "Solomon Ward" in its professional business. 10. Solomon Ward has registered the internet domain names "swsslaw.com" and

"solomonward.com" and has operated internet sites at "swsslaw.com" to make the public P:303442.1:57122.003 -107-CV-00460 L (POR)
DECLARATION OF EDWARD J. MCINTYRE IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION

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aware of its professional practice. 11. Solomon Ward has, over the years, built up valuable good will in its service

marks and trade names and the general public has come to associate those names exclusively with Solomon Ward's professional practice in San Diego, throughout California and across the nation. Superior Court Suit. 12. On January 12, 2007 Pacific Law Center filed an action in superior court

against Saadat-Nejad, case no. GIC 878352. 13. On February 23, 2007, Pacific Law Center retained Solomon Ward to

represent it in that lawsuit. 14. On February 27, 2007, Solomon Ward successfully obtained a superior court

temporary restraining order against Saadat-Nejad. The original order the court signed restrained Saadat-Nejad: Until further order of this Court, Shahrokh Saadatnejad shall immediately cease using the website "pacificlawcenters.com" or any similar website. Until further order of this Court, Shahrokh Saadatnejad shall not use the trade name Pacific Law Center in any published communication...." On March 9, 2007, the superior court extended that temporary restraining order until an April 20, 2007 hearing. 15. At a March 14, 2007 hearing, the superior court explained or modified its

February 27 order that Saadat-Nejad is restrained from using the website/domain name "pacificlawcenters.com." Saadat-Nejad's Attack on Solomon Ward. 16. On March 10 or 11, Saadat-Nejad registered "solomonwardlawfirm.com" a

confusingly similar domain name to the names Solomon Ward owns.1 17.
1

Based on my Monday telephone conversation with him, Saadat-Nejad has

I attach true and correct samples of pages from the solomonwardlawfirm.com and solomonwardsandiego.com websites.

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-207-CV-00460 L (POR) DECLARATION OF EDWARD J. MCINTYRE IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION

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made clear that he will not stop using the Solomon Ward mark and trade name. He further made clear that he intends to continue his vendetta against Solomon Ward because it is representing Pacific Law Center in both the state and this action. 18. Saadat-Nejad, through a lawyer purporting to represent him, told Pacific Law

Center that unless it pays him $500,000 he will continue to use its domain name. SaadatNejad reiterated that threat at the meeting Friday evening at my office. 19. Solomon Ward has already had inquiries about the pirate site that Saadat-

Nejad has used. Solomon Ward has already suffered irreparable harm as a result of SaadatNejad's conduct and it will continue to suffer irreparable harm unless this Court stops him. 20. There is no way accurately to determine the whole of the harm that Saadat-

Nejad has done to Solomon Ward and its reputation and the reputation of its attorneys. As a result, money damages are inadequate to repair that harm. In that respect, Solomon Ward has suffered and continues to suffer irreparable harm and will do so until this Court stops Saadat-Nejad. I declare on penalty of perjury under the laws of the State of California and United States of America that the facts set forth in this declaration are true and correct, based on my own personal knowledge, and that I executed this declaration in San Diego, California on March 21, 2007 at San Diego, California. /s/ Edward J. McIntyre_________________ EDWARD J. MCINTYRE

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-307-CV-00460 L (POR) DECLARATION OF EDWARD J. MCINTYRE IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION

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CERTIFICATE OF SERVICE I caused the DECLARATION OF EDWARD J. MCINTYRE IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION to be served in the following manner: Electronic Mail Notice List The following are those who are currently on the list to receive e-mail notices for this case. Electronic Mail Notice List NONE. I manually served the following: Shahrokh Saadat-Nejad 3713 Mt. Ashmun Place San Diego, CA 92111 VIA FEDERAL EXPRESS /s/ Edward J. McIntyre__________ EDWARD J. MCINTYRE

-407-CV-00460 L (POR) DECLARATION OF EDWARD J. MCINTYRE IN SUPPORT OF PACIFIC LAW CENTER AND SOLOMON WARD SEIDENWURM & SMITH, LLP'S APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION