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1
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TEMP REST ORDER
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EXTRACTED KEY WORDS
SBN PLAINTIFF POPOV YLARTIN TEUANO BYRNE BUSH STREET FLOOR SSLN FRANCISCO ATTORNEYS PLAINTIFF ALEX POPOV RETEIVETI PLAINTIFF ALI COUNSEL MARTIN IENSON DOUG DECLARATION PAUL RESTRAINING ORDER INJUNCTION QUO INJURY SALE ENCUNIBRANCE I/F |
1 !ylARTIN F. TEUANO, ESQ., SBN 098272
!.4ARK D. BYRNE, ESQ.,, SBN 109268
2 LAW C%FICES OF MARTIN F. TRIGNO
3 100 Bush Street 25"' Floor
Ssln Francisco, iA 94 104
4
Telephone: (415) 391-2300
5 Facsimile: (415) 391-1922
6 Attorneys for Plaintiff Alex Popov
7
8
9 IN THE CITY AND COUNTY OF SAN FRANCISCO
10
1X iALEX:POPOV,
12 Plaintiffs
13
.V. CAUSE RE
14 ; INJUNCTlON
1.5 ipATRICK HAYASHI, and Does 1-25 1
16 1
, Defendants 1
17
18 1
19 `& above-entitled.matter came on by ex parte application in Roo&
20 Reteiveti. Plaintiff ALI% POPOV appeared with his counsel, Martin F. Trimo,,Esq..
21 &fenclant Patrick H$yashi also appeared,
22 : Upon review of the Declaration of Plaintiff ALEX POPOV, the Declaration
23 &ienson, the D&&ration Doug Y&s, and the Declaration of Paul Fi&elman, the
24 &%nortidum of Points and Authorities, the video tap& and the papers and
2s hm'?with, and good cause having been otherwise shown;
26 1. IT IS HEREBY OX&RED that PATRJCK HAYRSHI is
27 &-$r3,9l?q4- 111 Rooin a to appear and show cauz why a
28
fElt?PORARY RESTRAINING ORDER AND ORDER T0 SH@/ CAUSE RE PRELMNA~RY INJUNCTION
1
1 a) PATRICK ,HAYASHI, together with his a&s or any persons
2 PATRICK HAYASHI, is forbidden from transferring, encumbering,
3 `concealing Barry Bond's 73"' home run baseb411 (hereinafter
ng
4 the completion of trial in this matter or further order of
5 b) PATRlCK HAYASHI, together with his agents or any persons
6 PATRICK HAYASHI, shall pIace the BASEBALL ot, if the
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2
.
PLTFFS MEMORANDUM
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EXTRACTED KEY WORDS
BALL POPOV PLAINTIFF FANS COURT BONDS CONVERSION POSSESSION BARRY RENDERING RESTRAINING ORDER UNDERTAKING TEMPORARY RESTRAINING ORDER GRASP HAYASHI DEFENDANT JUDGMENT REQUIRING HIT HEREINAFTER FIRM MATTER MITT ASSAULT BATTERY SELL RELIEF SALE EVIDENCE CODE PLAINTIFF REQUESTS |
1 MARTIN F. TRIANO, ESQ., SBN 098272
MARK P. BYIWE, ESQ. , SBN 109268
2 LAW OFFICES OF MARTIN F. TRIANO
3 100 Bush Street, 25th Floor
San Francisco, CA 94104
4 Telephone: (415) 391-2300
5 Facsimile: J415) 391-1922
G Attorneys for Plaintiff Alex Popov
7
S SUF'ERIOR COURT OF THE STATE OF CALIFORNTA
9 IN THE CITY AND COUNTY OF SAN FR4NCTSCO
10
11 `ALEX POPOV, Case Numbs
12 Plaintiffs PLAINTIFF'S
13 OF POINTS AND
V. OF IN SUPPORT
14 OF TEMPORARY,
15 PATNICK flAYASk& and Does RESTFWNING
OSC RE PRELImARY
16 Defendants TNJUNCTION
17 Date: 1 O/24/01
18 Time: 11 :OO
19 Room:
20
21 STATEMENT OF Tl%E FACTS
22 This controversy concerns the right to ownership of Rarry Bonds'
23 lome run (hereinafter the BASEBALL). As seen by thousands of tickethoIders and
24 Jiewers, and clearly preseived on videotape, PLAINTIFF ALEX POPOV
25 :aught the historic home run in his min. Hc had firm possession of the BASEBALL
26 was set upon by a mob of nearby spectators seeking to take the BASEBALL. At
27 )ile of fans, POPOV continued holding the BAS.EBALL in his grasp until it was
28
`LAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPI'ORT OF
`EMPORARY RESTRATNING ORDER AND OSC RE P#IJvlINARY WUNCTION
1 retioved from him in the.melee. (See Declaration of
2 I Sorenson) '
3. : Ulth-na~ely, Defcridant PATRICK
e
4 pile with the BASEBALL, and claims the right to
5 televisiori news camera crew, HAYASHl was a member
6 POPOV and was reaching underneath POPOV's body for
7 HAYASRI was using whatever means necessary to reach
8 competitors for the ball, {See Declaration of Kathy
9 i HAYASHl did'not possess the ball until at least
10 `BASEBALL md HAYASHl had been
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3
.
NOTICE TO DEF
|
EXTRACTED KEY WORDS
ESQ SBN LAY ARIIN TRIANO LOO ISCO R-ARING OCTCTBER FRANCISCCI SUPERIOR COURT SEEKING TEMPORARY RESTRAINING ORDER PROTECT BER |
F. TIiIANO, ESQ., SBN 098272
LAY : I 3~~s OF ~~ARIIN F. TRIANO
loo',. `.-i 3xeet, 25".Floor.
sai;-:a:. .isco, CA 94104
3elep:-.;. "2: (415) 391-2300
i Fats::-.::.,: (435) 391+1922
4
- Am:- .:: : for A&x P~pov
c
i
8 SUPERIOR COURT OF THE STATE OF CALIFOW
9
10
11
12 Plaintiff 1 NOTICE TO
PATRICK MYASHI
13 ; EX PARTE
14 v. 1 FOR ISSUANCE
) RES~G
15
16 Date; Octaber
Time: 1l:OO ati.
17 Defetl.&ult ,' Dept.:
18 )
19, A j
tibTIbE IS~HY GIVEN TO PATRICK HAYASHI that the Law
`20 Marti `liano, on behalf of ALEX POPOV, will seek a Temporary Restraining
21 R Pz-:r :- r-aring, on Wednesday, Octctber 24,200l at 1l:OO a.m. at $an Franciscci
22
23 Court : . !3rn 301 ~~`302. We are seeking the Temporary Restraining Order to protect
24 3&l; :: :~our @ossession from being sold. This notice is pursuant to
25 79(c:,.
26 : :
)ated: :ber 24,201
27
28
1
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5
.
FINKELMAN DECLARATION
|
EXTRACTED KEY WORDS
LAW FANS SCHOOL SYMPOSIUM POPOV BALL EXPERT OPINION BASEB AIT BELONGS MOREOVER BASEBALL TEAMS AMPLE LITTS GAME TELEVISION MEDIA FKEQUENTLY FOCUS CAMERAS FANS KNOCKING GRMMD CONDONE PUNCH BITE POSSESSION DECLARE FOREGOING PENALTY KTL SANDIEGO |
1
2
3
4
5
6
1
a
9
10
11 ALEX POPOV,
12 Plaintiffs
13 v.
14
15 PAThICK HAYGSHI, and Does l-25
1) I am the Chapman Distinguished
School, where,1 teach Constitutional Law and I
Case Nu
DEfZLARATPON.OFPAUL
FZNI-ZkX&NINSUl?PORTDF
ISSUANCE OB ?lfEMPORARY
ms~GbRlrEam
OSCREPRJZLIMINARY
lIN=mON
16 Defendants
17
18 1 Paul Pinkelmsn; declare:
19 Professor at the University of Tulsa
20 the l&tory of Law. I am presently in
21 %lifox*~`a where I am giving a Iechrre at Thomas Jefferson &ho61 oflaw. I earned my Ph.D. in
22 he J&tory at the University of Chicago, where I specialized in the history of law. I
23 MOW nt Harvard Law School. I have held chairs at distinguished professorships at
24 aw sck; 10 Is. I am not an attorney, I am the a&her of more than 40 Law Review
,eviews and law journals published at numerous Iaw schools, including Yale, Stanford,
hivmity of Pennsylvsni~ Universii of Texas, Tulane, Northwestern, and Michigan,. A
ny currklum vitae is attached here to as Exhiiit A.
1 : j I am the atithor, co-author, editor, or w-editor of more tha+n
2 Basek'l and the Am&an ~gulithd. I am also the author of a law review
3 raad tl~ Rule ofh, cLsv&4N0 STAR LALYREYIEw, 239-259 (1998), regarding the topic of
4 Law z:d Baseball.` I most recently lectured at a CLE Program in Oklahoma on the issue of who
5 owfls taut:
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6
.
COMPLAINT
|
EXTRACTED KEY WORDS
POPOV DEFENDANTS PLAINTIFF PROXIMATE HAYASHI POSSESSION BARRY BONDS MITT AMOUNT SAN FRANCISCO FICTITIO ACTS DOE DEFENDANTS CONVERSION OBTAINED POSSESSION CONTROL RELIEF DAMAGES INTENT ASSAULT INJUNCTION CONSTRUCTWE OMISSIONS AGENTS BATTERY TORSO BASEBALL FANS BALLS SOUVENIR |
i
`t.." '
MART1N 17. TRIANO, ESQ., SBN 098272
kJA.RK D. BYRNE, ESQ.`, SBN 109268
San
LAW OFFICES OF MARTIN F. TRIANO
MO Bush S'treet, 25' Floor
3m prm.:ko, CA 94104
M&ho::.:
(415) 391-2300 BY! 1
`acsimilc: (415) 391.1922,
httoyeys kr Plaintiff Alex Popov
I SUPERIOR COURT OF THE STATE OF CALIFORNIA
5 IN THE CITY AND COUNTY OF SAN FRANC&O
1c
11 ALEX > ;I ? OV,
12 Flajntiifs
13
Y.
14
1s PAT'RIC.;, HAYASHI, and Does I-25
16 Defendants
:
17
18
19
: : 20~ : Pln'ntiff alleges:
21 I > ,4 t alf. times bereln r&van< Plaintiff ALEX POPOV
22 q, a r& :tnt of the City and County of San Francisco.
23 2) T!:xAiff is informed and believes and thereon alleges
24 lefendcr: P,,ITRICK HA.YASHI (hereinafter "HAYASHI")
25: F Santa Clara.
26. 3) Raintiff is ignorant of the true names and capacities of all
27 OES l-2 7: inclusive; and therefore, names such jjkfendants hy such
28 inforrr 3 : :. nd believes, and thereon alleges that each of the
1 somebc.,, responsible for the acts and omissions as her&after alleged. Plaintiff is
2 illformc? xuld believes that each of the fictitiously named Defendants is the agent
3 rem&: ::; Defer&nt& and in performing the acts or omissions as hereinafter alleged,
4 &ing 1`, :,til,the course scope and authority of such agency. Such Doe defendants
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7
.
APPL FOR TEMP REST
|
EXTRACTED KEY WORDS
DECLARATION MARTIN ESQ PLAINTIFFS COMPLAINT SAN FRANCISCO COURT GRANTS SOLD DEFENDANT HAYASHI JUDGEMENT RECOVERY POSSESSION UNIQUE ONE-OF-KIND BASEBALL THATDEFENDANT SOLICITING AUCTIONING TL-XE PAUL FINKELMAN DOUG VERIFIED COMPLAINT MATTER MEMORANDUM YLD FILED HEREWITH PAPERS EVIDENCE TEMPORARY RESTRARTWJG OKDER RESTRARTWJG OKDER ANB OKDER ANB ORDER WJMINARY INJWNCTTON |
MARTIN F. TRIANO, ESQ., SEN 098272
MARK D: BYRNE, ESQ., SBN 109268
LAW OFFICES OF MARTIN F, TRlANO
I 100 Bush Streei, 25* Floor
San Francisco, CA 94104
T&phone: (415) 391-2300
Facsimile: (415j 391-1922
I Attorneys far Plaintiff Alex Popov
I
E
s IN THE CITY AND COUNTY OF SAN FRANCIS
1c
11 ALEX POPOV, 1 CaseNumber ,.
12 >
Plaintiffs EX PAFIT&
13 ,' TEMPOR
ORDER AND
14 V.
,' CAUSE RE
15 PATRICK HAYASHI, add Does l-25 IW-UN`CTION
;
16 Defendants Date: 1 O/24/0 1
17 i Time: 11:OO a.m.
Room:
1s
19
20 PLAINTTFF ALEX POPQV HEREBY makes an ex parte application for'fie
21 1 Temporary Restraining Order and OSC RE Preliminary Injunotion to preserve the
22 wevent irreparable injury, and prevent the sale or encumbrance (thereby
23 $arry Bond's 73d honie run:baseball (hereintier `THE BASEBALL").
24 As more partictilarly described in Plaintiff's declaration; Plaintiff
25 he baseball in his mitt and brought the BASEBALL to his torso. The BASEBALL
26 pd securely with Pla&tiff's grasp when Plaintiff was assaulted and battered,
27 IASIBALL becoming in the possession Defendant PATRICK HAVASHI.
28
: 1
Unless the court grants the injunctive I-elief requested, the
Defendant HAYASHI and any judgment resulting from Plaintiffs Complaint for
possession af this unique one-of-kind BASEBALL will be rendered ineffectual.
has learned thatDefendant has already been soliciting interest in the
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8
.
ZEIDEN DECLARATION
|
EXTRACTED KEY WORDS
SAN FRANCISCO TESTIFY JENNIFER BUSH STREET FLOOR ROLEPHONE ALEX POPOV PAN R-PORATION TLYE SUPPOSED EMPLOYMENT DEFENDANT PATRICK HAYASHI IIM NOTICE PARTE HEARING SAN FRANCISCO SUPERIOR OURT JENNIFER WANG LORAN CORPORATION SPEAK TIUTES JENNIFER CAM8 XAYASHI |
1 gq Bush Street, 25"' Floor
San Francisco, CA 94104
rolephone: (415) 391-2300
Facsimile; (415) 391-1922'
4ttorneys for Alex Popov
I SUPERIOR COURT OF THE STATE OF CALIFORNIA
5 IN THE CITY AND COUNTY OF SAN'FRANCISCO
I( ALEXPOPCW,
11
12 Plaintiff : bECLARATION
ZEIDEN IN
13 V,. NOTICE TO
14 PATRICK
EX PARTE
15 PATRICK HAYASHI, FOR ISSUANCE
16 TEMPORARY
Defendant iW3TR4lNIfiG
17
18 Date:
Time: 11 :OO
19 Dept.:
20
21
22 I, Brian Aaroli Zeiden, declare:
23 1) The following-information is within my personal
24
pan, to testify, I would testify as ,to the same information.
25
26 2) I am presently employed as a law clerk by the Law Offkes
27 rime.
2x 3) On October 23,2001, at approximately 9: 15 am, I caIled
~@~RATION OF BEUAN A. ZEIDEN IN SUPPORT OF NQTICE TO DEFENDAN
1 1 `0 r-poration, tlye place of supposed employment of defendant Patrick Hayashi in
iim notice of the October 24,2001 Ex Parte Hearing at I I:00 a.m. in San Francisco
:ourt.
4) The retiptioaist, Jennifer Wang, answered the telephone at the
5 Loran Corporation. When I asked to speak to Patrick Hayashi, she put me on hold.
6
tjproximately two (2) tiutes, Jennifer cam8 back onto the telephone and told inc
7
8 Xayashi was not answering his page.
9 5) At 9:25 am, I called Zoran Corporation again and expldned to
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9
.
SORENSEN DECLARATION
|
EXTRACTED KEY WORDS
POPOV BALL CHILD HAYASHI FEET IUYASHI HGYASHI BASEBALL AME INTERFERING ABILITY HAYASHI BITE LEG OUCH SRCK HAY HAYASHI CONTINUED DIGGING I-IAYASM IAYASHI WERI SECURITY LED HAYSHI POLICE TRE SIGNALITIG WYFISHI DECLARE FOREGOING PENALTY PERJURY |
MARTIN F. T&IANO, ESQ., SBN 098272 !;`j
MARK rj, BYRNE, ESQ., SBN 109268
LAW OFFICES OF MARTIN F. TPJANO " ~ '" .' "'"
I,00 ISBush St~rset, 25" Floot i. ..a*ba;
San Francisco, CA 94 104
Telephone: (415) 391-2300
5 Faesimile: (415) 391-1922
6 Attorneys for Plaintiff Alex Popov
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 TN THE COUNTY OF SAN FRANCISCO
10
11 ALEX POPOV, >
12 Plaintiffs ,'
13 )-
OF
14 V.
;
D
I5 PATRICK HAYASHI, Ad Does 1-25
i
16 Defendants :
17 j'
18 >
I Kathy Sorensen; declare':
19 1) The following information is within my pe@onal knowledie,
i 20 would testify to the same information.
21 ' 2) On October 7,2001, I was present in the arcade level in
22 witnessed Barry Eonds 73' home run. 1 was standing immediateIy next to
LEX
23 `OPOV (hereinafter POP&) on his right. I saw POP'OV catch the
24 rkt and bring the ball and mitt to his body, where he held the ball and
25 ,'
within his grakp. I heard that particular sound of a basdball hitting
26 he BASEBALL to be POPOV's BASEBALL. POPOV did.
&in possession of the ball.
EdLARATION OF KATHY SORENSON IN SUPPORT OF INJUN~IVE
: 1 3) Within seconds after catching the ball,
., ,' 2 by no less than six tid as tiany fifteen individuals, including
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10
.
POPOV DECLARATION
|
EXTRACTED KEY WORDS
HAYASHI COURT INJUNCTION PLAINTIFF ALEX POPOV DEFENDL4NT HAYASHT HIT POSSESSION DETERMINATION TEMPORARY RESTRAINING ORDER SAN MITT FOREGOING SALE ENCUMBRANCE PENDING PRELIMINARY INJUNCTION AGENTS ACTING CONCERT WRIT KEYS SALE THEREFROM SAFEKEEPING THIRD PARTY SAFE DEPOSIT REQUIRING COUNSEL PARTIES MATTER |
1 !MARTIN F. TRIANO, ESQ., SBN 098272
2
3 ;San Francisco, CA 94104
4 Telephone; (415) 391-2300
5 Fac&mile: (415) 391-1922 .
6 Attorneys for Plaintiff Alex Popov
7
a. SUPERIOR COURT OF THE STATE OF
9 ,' 1N THE CITY AND COUNTY OF SAN
10
11
12 ;
Plaintiffs
13
OF
14 iv.
;
X5 `PAIXICK HAYASHI, and Does l-25 >
,, `, 16 j I, Defendants ! `,
17
i
1.8
19 :
Plaintiff declares!
20
21 1) I am the plaintiff in the above-entitled matter.
22 lemonal knowledge, except as to matters which are stated on my
23 Q tibose matters, I believe them to be true.
2) On or about October 7,2001, DEFENDANT
24 ,
,'
25 WAYASHI") atld I attended the San Francisco Giants
26 lodgers at Pacific Bell Park. bEl?ENDANT HAYASHI and I
27 ltanding Room Only arca (no assigned seats), behind right
:&memorating Barry Bond$500* career home run. I was to
28
: ,, 1
HAYASHI by approximately twelve fe& DEFENDL4NT HAYASHT and I acknowledged each
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11
.
YARRIS DECLARATION
|
EXTRACTED KEY WORDS
BALL BARRY BONDS BASEBALL MITT GLOVE MARTIN ESQ SBN PLAINTIFF ALEX POPOV DOUG TESTIFY ARCADE HIT ASSAULT BATTERY LOST SIGHT HAYASHI MITT BENEATH LOOSE BALL SCURRYING IKAYASHI CHILD YE11 PAIN THEA RCACHISG ONGOING ASSAULT BAL1 CLARATLON |
MARTIN F. TRIANO, ESQ., SBN 098272
MARK D, BYtiE, ESQ:, SBN 109268
LAW OFFICES OF MARTIN F. TRIG?0
100, Bush St+, 2Sh Floor
San Francisco,. CA 94 104
I-&phone: (41$) 391-2304
Facsimile: (415) 391-1922
Attorneys far Plaintiff Alex Popov
SUPERIOR COURT OF THE STATE OF CAJJF0RNIk
: IN THE COUNTY OF SAN FRANCISCO
: ALEX POPOV, Case Nu
i
: Plaintiffs DECZARATIOfi
YARlXS m SUPPORT
IV. .I ISSUANCE OF TEMP0RARY
RESTRAINING ORDER
iPATRICK HAYASHI, arid Does l-25 i OSC RE PRELIMINARY
3 INJUlVCTI[ON I
Defendants I-
; : 1 ,'
>
1 Doug yarris, declare:
' 1) The foIlawing information is within my personal knowledge, and if,calIed to
@Id testify to the same information.
2) On October Y,2001, I had scats in the Seventh Row of Section 146 in the Arcade of
l&&c Bell Park with my son Travis. At the time that Barry Bonds came to bit in the First
&ag, I walked down to the Standing Room Only area of the Arcade area, in t%hopes that
,j ,.
vary Bonds would hit a home run in that direction.
3) When Barry Bonds hit his 73ti Home Run, I tioved in ,the direction of the ball in
&mPt to catch the baseball. I saw PLAINTIFF ALEX POPOV (hcreina~ter POPOV) catch the
dlI,in his mitt and bring the ball and rni~ to his body. 1 heard the sound of the'ball bit the
:ather of tie mitt. POPOV did everything he could possibly do to retain posse&ion of the b&.
1 4) Within seconds after catching ,the ball, POPOV was attacked, assaulted,
2 knocked to the ground by no less than six and as manjr fifteen individuals. As a part of
3 assault and battery, I was also knocked to the ground with my head facing the direction of
4 P,OPOV's face. While looking in the direction of the POPOV, I s&w the baseball still inside the
5 mitt beneath POPOV's body. There was no loose ball and no scurrying around :for a ball
6 5) I saw DEFENDANT PATRICK HAYASHJ on his hands and knees very near
7 POPOV. I lost sight of IKAYASHI and heard a child ye11 out in pain. I thea saw HAYASHI
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