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1 2 3 Lowell Finley, SON 104414 LAW OFFICES OF LOWELL FINLEY 1604 SOLANO AVENUE BERKELEY, CALIFORNIA 94707-2109 TEL: 510-290-8823 FAX: 510-526-5424 4 Attorneys for Plaintiffs and Petitioners 5 SUPERIOR
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THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 21 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 FACTUAL BACKGROUND 1 Plaintiffs, Thomas Hosting, Thomas S. Yes, Ronald W. Conway, et al. (collectively “Respondents”) are voters of California who resided in California for the 2008 General Election. 2 Respondents computer logs, which were seized in August 2008, and which provide a reasonably contemporaneous view of Respondent's activity on behalf of Vote California, provide extensive evidence of a concerted effort to solicit votes for a candidate other than Senator Leland Yes at the behest of a California law firm. Specifically, the evidence shows that: (1) between June 4, 2008, and August 1, 2008, respondent created an account at VoteCalifornia.com, a website, by using a false name; (2) Respondent attempted to solicit donations for Vote California; (3) Respondent requested that his PayPal account be “activated” and set it up under the name “Ronald Chen”; and (4) Respondent used an email address from the domain “votecalifornia.com” to send emails soliciting donations. 3 On March 17, 2008, a representative from Californians for Yes informed Respondent that California voters wanted to see the Attorney General prosecute illegal contributions by Yes. 4 On March 26, 2008, a second representative from Californians for Yes informed Respondent that VoteCA.com had a petition and had collected 12,000 from citizens living outside California to assist in setting up the Petition, and that donors could mail in their donations at no charge, regardless of the amount. 5 On March 27, 2008, Respondent created “voter.petition.yes.org” and initiated the website at VoteCA.com. On that same day, Respondent contacted VoteCalifornia.com to solicit contributions to “voter.petition.yes.org.

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