Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1271384
`03/10/2023
`
`ESTTA Tracking number:
`
`Filing date:
`
`Proceeding no.
`
`Party
`
`Correspondence
`address
`
`Submission
`
`Filer's name
`
`Filer's email
`
`Signature
`
`Date
`
`Attachments
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91256518
`
`Defendant
`Dave Dean
`
`CHRISTIE GAUMER
`LAW OFFICE OF CHRISTIE GAUMER
`3940 LAUREL CANYON BLVD NO
`STUDIO CITY, CA 91604
`UNITED STATES
`Primary email: christie@gaumerlaw.com
`323-934-8500
`Testimony For Defendant
`
`Christie Gaumer
`
`christie@gaumerlaw.com
`
`/Christie Gaumer/
`
`03/10/2023
`
`Defendant Applicants Dave Dean Declaration.pdf(2528757 bytes )
`Declaration of Mickey A Ferri PHD.pdf(1442787 bytes )
`Applicant Defendant Notice of Reliance.pdf(2543167 bytes )
`Defendant Exhibit 10 part 1 of 2.pdf(5123408 bytes )
`Defendant Exhibit 10 part 2 of 2.pdf(2775858 bytes )
`
`

`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`
`A.E. Tribe, LLC,
`
`
`Plaintiff/Plaintiff,
`
`vs.
`
`
`Dave Dean,
`
`
`Defendant/Applicant.
`
` CANCELLATION NO.: 91256518
`
`APPLICANT/DEFENDANT’S
`DECLARATION OF DAVE DEAN
`
`Application Serial No.: 88651413
`Mark: MAHALA
`
`
`
`
`
`
`
`
`
`1
`
`

`

`I, David Dean, declare as follows:
`1.
`knowledge of all the facts set forth herein, except those set forth on information and believe which I
`
`I am the applicant for the mark that is the subject of this opposition. I have personal
`
`believe to be true, and if called as a witness as to such, I would competently testify to them under
`
`oath.
`
`Mahala Concept
`2.
`include a boutique hotel providing a trend-setting experience for the visitor, beginning in Palm
`
`In early 2018, I conceived of a hotel and merchandising concept which would
`
`Springs, California, along with ancillary merchandising of clothing and accessories, sold through an
`
`online store and in the hotel, and future hotels. Hotels in Palm Springs cater to a nationwide, even
`
`worldwide, clientele because of the nature of Palm Springs being a destination for travel, including
`
`without limitation, for winter vacations from cold climates, and for golf events, music events and
`
`other local attractions. Before then I had more than 35 years in the business of event production
`
`focused on entertainment such as DJ driven music, bar and restaurant venues, music venues as well
`
`as nightclubs, all catering to the public. Along with that work, I utilized a merchandising and
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`marketing approach to sell clothing and accessories to support those events and venues. Such
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`experience provided a background for promotion of a similar hotel catering to a trendy mark,
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`utilizing a hotel and ancillary marketing. My goal was to build a hotel and its brand as one unit,
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`including the hotel, the experience and the merchandise that the visitor would purchase as further
`
`support of that experience. I wanted the hotel, and the branded merchandise, to reflect an art-
`
`centric, mid-century aesthetic that was trendy and notable.
`3.
`based on my years of experience in building successful experience businesses. I, along with the
`
`In 2018, I searched for a hotel to begin my business model and obtained investors
`
`people involved, decided to name the hotel concept Mahala, meaning neighborhood. In connection
`
`with my prior concepts, I applied for and obtained other trademarks for the various underlying
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`business, for instance in Classes 41, 42 or 43 for music related events and venues, and also pursued
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`registrations in the merchandising categories of 25 for clothing and accessories and 35 for an online
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`store. Given my background, I understand the importance of trademark registrations, and pursued
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`the same strategy with this concept in the early stages.
`
`
`
`
`
`
`
`2
`
`

`

`Application for Mark
`4.
`database as well as in online Google searches. I saw no other uses for hotels or merchandise. There
`
`To that end, I researched the name Mahala both in the US Patent and Trademark
`
`was no online presence at all for Plaintiff’s use.
`5.
`working for the project, I applied for the mark MAHALA in Class 42, under Section 1B, which
`
`On March 22, 2018, through counsel, and under the name of an existing participant
`
`application was assigned Application Serial No. 87846386. When the Mahala concept hotel was
`
`open, on or about July 13, 2022, through counsel, I filed an assignment of the mark into my name,
`
`with the effective date of October 11, 2019 (which is the same date of the application discussed in
`
`paragraph 6), and filed a Statement of Use showing use and the date of first use in commerce of
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`May 1, 2022 (and first use of January 12, 2021). Thereafter, on August 16, 2022, the mark was
`
`registered by the United States Patent and Trademark Office as Registration No. 6821267 (“the
`
`‘267 mark”.) The services listed with that application were for food establishment, namely, café,
`
`restaurant, restaurant carryout services, coffee bar, bar and cocktail lounge services; hotel services;
`
`hospitality services, namely, hotel restaurant reservation services, hotel services for preferred
`
`customers. A true and correct copy of such application and registration are attached collectively as
`
`Exhibit 1.
`6.
`this proceeding, namely, Application Serial No. 88651413, as a Section 1B filing, for Classes 25, 35
`
`On October 11, 2019, I filed, through counsel, the application that is the subject of
`
`and 47. The goods listed in the application are: (1), Class 25, namely for clothing and accessories,
`
`namely, T-shirts, sweatshirts, hooded sweatshirts, tank tops, shorts, sweat shorts, sweat pants, hats
`
`and shoes, (2) Class 47, namely for distilled spirits, alcoholic beverages except beers, wine,
`
`champagne, sparkling wine, hard seltzer, and (3) Class 35, namely for retail store services and
`
`online retail store services featuring clothing and clothing accessories, furniture, home furnishings,
`
`barware, kitchenware, lighting fixtures, home goods, home decor, paper goods. The classes relevant
`
`to this opposition are 25 and 35. At the time of that filing, I conducted a search of the US Patent and
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`Trademark database for Mahala, and again, I did not find any other marks in these categories. A
`
`true and correct copy of such application is attached as Exhibit 2.
`
`Incorporation, Investment, Development of Goodwill
`7.
`no URL by oppose using the Mahala mark. True and correct copies of my purchase receipt and the
`
`On June 29, 2019, I purchased the domain MahalaHotel.com. At that time, there was
`
`
`
`3
`
`

`

`whois ownership page showing my ownership of MahalaHotel.com are attached as Exhibit 3. Also,
`
`I endeavored, through placement, that a search of Mahala would result in the search results showing
`
`MahalaHotel.com as the top entry. As such, even before opening the hotel, I developed goodwill
`
`and an online presence that was visible. Notably, this online presence was before I filed the subject
`
`application.
`8.
`of State to form the entity Mahala PS LLC. A true and correct copy of such articles are attached
`
`On October 22, 2019, I filed Articles of Organization with the California Secretary
`
`hereto as Exhibit 4. I am the manager of Mahala PS LLC and run all financial affairs for the entity.
`9.
`2019, for approximately $2.2 million, Mahala PS LLC acquired the real estate for the Mahala hotel,
`
`Based on a purchase and sale contract that was entered into earlier, on November 14,
`
`consisting of land and a building. To do so, I acquired investors in Mahala PS LLC. A true and
`
`correct copy of the deed showing the ownership of the real property by Mahala PS LLC is attached
`
`as Exhibit 5.
`10.
`investment into Mahala PS LLC, on October 11, 2019, I filed the subject application for the
`
`As set forth above, concurrently with the timing of the real estate contracts and the
`
`merchandising, including clothing and accessories, branded alcohol, and an online store, to support
`
`the Mahala concept by adding to the revenue stream, improving the brand awareness and the
`
`goodwill of the brand.
`11.
`completely renovate, furnish and outfit the hotel property into a first class destination boutique hotel
`
`Thereafter, the investors in Mahala PS LLC, including myself, invested funds to
`
`catering to a nationwide clientele. That additional investment also included some designs, products
`
`and set up for the ancillary marketing products, including clothing and the online store. Such
`
`additional investment was approximately $1,800,000.
`12.
`investment in the Mahala brand being approximately $4,000,000 in total.
`
`There were additional operating costs afterwards as well, with the costs and
`
`Business Sales
`13.
`develop the website, MahalaHotel.com, adding renderings of the hotel, the rooms and the property.
`
`In 2021 the substantial work on the Mahala hotel was completed. I worked to
`
`Also added to that site were a purchase screen for branded goods, including clothing and
`
`accessories, linked through a sale page Society6.com. A current screen shot of the webpage for
`
`
`
`
`
`
`
`4
`
`

`

`MahalaHotel.com is attached as Exhibit 6, and screen shots of the Society6.com page and the
`
`products offered are attached as Exhibit 7.
`14.
`travelers across the country on May 1, 2022, while work was still being done on the pool. Then on
`
`The hotel had guests as early as January 12, 2021, started in business selling to
`
`December 31, 2022, the hotel had an advertised grand opening. Since then, the hotel has been
`
`consistently booked. Revenues from realized sales from January 2023 through the existing March
`
`2023 bookings are $250,000. The online reviews for the hotel are stellar, consistently ranked at near
`
`perfect (4.9 on Google, 9.7 on Booking.com). Screenshots of the booking sites for the hotel are
`
`attached as Exhibit 8. A screenshot showing the examples of the reviews is attached as Exhibit 9,
`
`notably praising the hotel as a hidden gem, and as a work of art, showing that my goal in the hotel’s
`
`creation is succeeding.
`
`Appraisal
`15.
`be conducted in approximately November 2022, which appraisal was done at the request of the
`
`On December 28, 2022, an appraisal was issued for the Mahala Hotel that I caused to
`
`lender. A true and correct copy of that appraisal is attached as Exhibit 10. The appraisal shows the
`
`Market Value of Going Concern, including the furniture, fixtures and equipment of the property is
`
`As the revenue stream of the property remains consistent, the value will increase.
`
`$4.2 million, with the effective date of the valuation of December 12, 2022.
`16.
`Plans for Clothing and Accessories
`17.
`advertised on the MahalaHotel.com site with a link connected to Society6 and also sold at the hotel.
`
`I have designed shirts for production and other items for sale that exist and are
`
`Some sales of products have been made; however, I intend to increase those sales as this proceeding
`
`allows. A copy of the products I have offered through Mahala PS LLC via the screenshot of the
`
`Society6 page is attached as Exhibit 7.
`
`Lack of Knowledge of Plaintiff
`18.
`each application, and before obtaining the URL, did I see anything online that referenced Mahala. I
`
`At no time during my various research into the mark Mahala, including before filing
`
`saw no advertising or any other indication of Plaintiff.
`19.
`
`The first I knew of Plaintiff was when Plaintiff filed their application.
`
`
`
`
`
`
`
`5
`
`

`

`20.
`wait from the filing date of the subject opposition, March 12, 2020, to expand into the ancillary
`
`Additionally, Plaintiff has delayed her prosecution of the opposition, forcing me to
`
`products in Classes 25 and 35.
`21.
`as was invested into the hotel to market the brand to the fullest extent for those uses. While I have
`
`Had that opposition not been filed, I would have invested monies in the same manner
`
`done some development of the ancillary products, the opposition has prevented me, and Mahala PS
`
`LLC, from supporting the now $250,000 per quarter hotel business with the ancillary products I had
`
`planned to sell. I estimate the ancillary products would sell well given the hotel’s existing goodwill
`
`with its customers as well as the reputation for its trendy and art inspired atmosphere, producing at
`
`least another $100,000 per year in revenues, conservatively, but for this opposition and the time it
`
`has taken to conclude.
`
`Analysis of Plaintiff’s Sales
`22.
`prepared a spreadsheet of the dates, sales amounts and products. A true and correct copy of that
`
`Following my receipt of Plaintiff’s declarations, I reviewed her exhibits and
`
`spreadsheet is attached as Exhibit 11. Based on my review, and based on my experience conducting
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`events for more than 35 years, including sales of clothing related to my events, I am qualified to
`
`review the sales. My conclusions are as set forth in the schedule, by setting forth the date, the event,
`
`the document, and my notes on the document and the date, by column.
`
`
`
`I declare under penalty of perjury under the laws of the United States that the foregoing is
`
`true and correct.
`
`Executed on March 10, 2023 in Palm Springs, California.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`_____________________________________
`
`Dave Dean
`
`6
`
`

`

`Receipt
`
`N2 2244431850
`
`DATE :
`
`6/ 30/ 2022
`
`Bl LL TO:
`
`Dave Dean
`
`803 N Palm Canyon Drive,
`
`Unit 7,
`
`Palm Springs, California 92262,
`
`United States
`
`Giantology
`
`+1 .3234647333
`
`CU STOMER # :
`
`104689974
`
`PAY MENT:
`
`Visa···· 5457
`
`Previous Balance
`
`Received Payment
`
`Balance Due (USO)
`
`Term
`
`1 yr
`
`Product
`
`.COM Domain Renewal
`
`MAHALAHOTEL.COM 1
`
`1 yr
`
`Full Domain Privacy and Protection - Renewal
`
`MAHALAHOTEL.COM
`
`1 yr
`
`.COM Domain Renewal
`
`HOTELMAHALA.COM 1
`
`1 yr
`
`Full Domain Privacy and Protection - Renewal
`
`HOTELMAHALA.COM
`
`Subtotal
`
`Taxes
`
`Fees
`
`Total (USO)
`
`x
`
`<Zj)GoDaddy
`
`CONTACT US 24/7 1-480-505-8877
`
`$60 . 3 2
`
`$60 . 32
`
`($ 60 . 32)
`
`$0.00
`
`Amount
`
`$ 19 . 99
`
`$9 . 9 9
`
`$ 19 . 99
`
`$9.99
`
`$59.96
`
`$0 . 00
`
`$0.36
`
`$60.32
`
`EXHIBIT 3
`
`

`

`DOMAINS
`
`WEBSITE
`
`CLOUD
`
`HOSTING
`
`SERVERS
`
`EMAIL
`
`SECURITY
`
`WHOIS
`
`mahalahotel.com
`
`Updated 1 day ago ¢
`
`Enter D1
`
`Domain:
`
`mahalahotel.com
`
`Registrar:
`
`GoDaddy.com, LLC
`
`Registered On:
`
`2019-06-29
`
`Expires On:
`
`2023-06-29
`
`Updated On:
`
`2022-10-28
`
`Status:
`
`cl ientDelete Prohibited
`cl ientRenewProh i bited
`clientTransferProhibited
`clientUpdateProhibited
`
`Name Servers:
`
`ns23.doma i ncontrol .com
`ns24.domaincontrol.com
`
`

`

`ｾﾷ｜Ｌ＠Q< >
`
`,,;""''"'ii Secretary of State
`·•,
`:&,-,,,:t
`Articles of Organization
`ｉ［ｾｾ＠1:;
`ﾷﾷｾﾷＬＨ＠ '•
`7 Limited Liability Company (LLC)
`ﾷｾＱｗ＠
`ｾｑＪ＠
`
`I LLC-1
`
`IMPORTANT - Read Instructions before completing this form.
`
`Filing Fee
`
`- $70.00
`
`Copy Fees - First page $1.00; each attachment page $0.50;
`Certification Fee - $5.00
`
`201926910065
`
`LIA
`
`FILED
`S9cretary of State
`state of California
`$'-j
`SEP 2 5 2019
`
`Note1: LLCs may have to pay minimum $800 tax to the California Franchise Tax Board
`each year. For more information, go to https:llwww.ffb.ca.gov.
`
`l vV' This Space For Office Use Only
`
`1. Limited Liability Company Name (See Instructions- Must contain an LLC Identifier such as LLC or L.L.C. "LLC" will be added, if not included.)
`
`MAHALA PS LLC
`
`2. Business Addresses
`a. \nitia\ Street Address of Oesigna\eti omce \11 Cu\i!omi3 - Do \10\ enter a P .0. Bm::
`
`803 N PALM CANYON DR #7
`
`City {1\0 abbrn>Jialions)
`
`PALM SPRINGS
`
`b. lni1ial Mailing Address o! LLC, if different than Item 2a
`
`Cily (no abbreviations)
`
`St-ate
`
`CA
`Stale
`
`Zip Cc®
`92262
`
`Zip Code
`
`3. Service of Process (Must provide either Individual OR Corporation.)
`
`INDIVIDUAL- Complete Items 3a and 3b only. Must include agent's full name and California street address.
`
`a. Colifornia Agenfs First Name (if agent is not a corporation)
`
`Middle N::imo
`
`DAVID
`
`b. Stroot Address {if agcmt is not a corporation) - Do not enter a P.O. Box
`
`City (no abbreviations)
`
`803 N PALM CANYON DR #7
`
`PALM SPRINGS
`
`CORPORATION - Complete Item 3c. Only include the name of the registered agent Corporat!on.
`
`c. California Registered Corporate Agent's Name (if agent is a corporation) - Do not complete Item 3a or 3b
`
`Last Name
`
`DEAN
`
`Suffix
`
`Sta to
`
`CA
`
`Zip Code
`92262
`
`4. Management (Select only one box)
`
`The LLC will be managed by:
`D One Manager
`
`EJ More than One Manager
`
`0 All LLC Member(s)
`
`5. Purpose Statement (Do not alter Purpose Statement)
`
`The purpose of the limited liability company is to engage in any lawful act or activity for which a limited liability company
`may be organized under the California Revised Uniform Limited Liability Company Act.
`
`6. By signing, I affirm under penalty of perjury that the informal ion herein is true and correct and that I am authorized by
`California law to sign.
`
`Additional signatures set forth on attached pages, if any, are incorporated herein by reference and made part of this Form LLC-1. (All attachments
`should be 8 % x 11, one·sided, legible and clearly marked as an attachment to this Form LLC·1.)
`
`Organizer sign here
`
`LLC· 1{REV0&2019)
`
`DAVID DEAN
`
`Print your name here
`
`2019 California Secretary of Slate
`bizfile.sos.ca.gov
`
`EXHIBIT 4
`
`

`

`CHICAGO TITLE COMPANY
`COMMERCIAL DIVISION
`
`Recording Requested By: Mahala PS, LLC
`
`When recorded mail document to:
`
`NAME
`
`ADDRESS
`
`CITY
`STATE&ZIP
`
`Mahala PS, LLC
`Attn: Dave Dean
`803 N Palm Canyon Drive, Unit 7
`Palm Springs, CA 92262
`
`DOC# 2019-0470969
`11/14/2019 01:31 PM Fees: $27.00
`Page 1 of 2
`Recorded in Official Records
`County of Riverside
`Peter Aldana
`Assessor-County Clerk-Recorder
`
`**This document was electronically submitted
`to the County of Riverside for recording**
`Receipted by: NADIA #948
`
`THE UNDERSIGNED GRANTOR(S) DECLARE(S)
`
`ｾＨｬＮＱ＠ ()\\{MO GRANT DEED
`
`Above Space for Recorder's Use Only
`
`DOCUMENTARY TRANSFER TAX is$ 2,420.00
`ii'! computed on full value of property conveyed, or
`o computed on full value of items or encumbrances remaining at time of sale,
`o Unincorporated area
`o City of
`
`, and
`
`CITY TAX$ n/a
`ＧｾＭＭＭＭＭＭＭＭＭＭＭ
`
`FOR A FULL VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
`
`_R_ic_k_S_ta_r_k,_a_m_a_rr_ie_d_m_a_n_a_s_h1_·s_s_o_le_a_nd_s_e;...pa_r_a_te......:...p_ro..:.p_e_rty_:_ ________________ hereby
`
`GRANT(s) to Mahala PS LLC, a California limited liability company
`
`the following
`
`described real property in the City of Palm Springs
`
`County of Riverside
`
`tate of California:
`
`See following page for legal description
`
`Dated: \ J-'-{- 19
`
`A notary public or other officer completing this
`certificate verifies only the identity of the individual
`who signed the document to which this certificate is
`attached, and not the truthfulness, accuracy, or
`validity of that document.
`
`STATE OF CA!JfORNIA}
`COUNTY OF ｾＭ 01 ｾ｡＠
`
`} SS
`
`On I 11 '-1 / tol '1 before me, C """ $.,\ ";..., ;Jc '1. c
`a Notary Public, personally appeared
`(l, c. ｾ＠S lc.r k
`who proved to me on the basis of satisfactory evidence to be the
`-
`person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
`his/their/her authorized capacity (ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf
`of which the person(s) acted, executed the instrument.
`
`I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and
`correct.
`
`WITNESS my hand and official seal.
`
`SIGNATURE, ___ 0---'=---- (SEAL)
`
`•@·· CHRISTIAN JE.f'ER • 1
`.-
`g •
`My Commission Expires I
`I
`
`COMM #2290739
`NOTARY PUB.UC-CALIFORNIA fl
`SAN DIEGO COUNTY
`(')
`
`MAY31, 2023
`a a .
`
`(.)
`
`MAIL TAX STATEMENT TO ADDRESS AS SHOWN ABOVE
`
`EXHIBIT 5
`
`

`

`DOC #2019-0470969 Page 2 Of 2
`
`EXHIBIT "A"
`
`LEGAL DESCRIPTION
`
`THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PALM SPRINGS,
`IN THE COUNTY OF RIVERSIDE, ST ATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
`
`THAT PORTION OF THE SOUTH 10 ACRES OF THE SOUTHEAST QUARTER OF THE
`SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN
`BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM SPRINGS, COUNTY OF
`RIVERSIDE, ST ATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF,
`DESCRIBED AS FOLLOWS:
`
`BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTH 10 ACRES OF THE
`SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION WITH THE WEST
`LINE OF THE STATE HIGHWAY, AS SAID STATE HIGHWAY IS SHOWN ON RECORD OF
`SURVEY ON FILE IN BOOK 10. PAGE 96 OF RECORD OF SURVEY, RECORDS OF RIVERSIDE,
`COUNTY, CALIFORNIA;
`
`THENCE SOUTH ALONG THE WESTERLY LINE OF SAID ST ATE HIGHWAY, 100.00 FEET;
`
`THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION, 250.00 FEET TO A
`POINT ON THE EAST LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO DORIS A.
`FULTON BY DEED RECORDED NOVEMBER 13, 1936, IN BOOK 301, PAGE 547 OF OFFICIAL
`RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;
`
`THENCE NORTH ALONG THE EAST LINE OF SAID PARCEL, 100.00 FEET TO A POINT OF THE
`NORTH LINE OF THE SOUTH 10 ACRES OF THE SOUTHEAST QUARTER OF THE SOUTHEAST
`QUARTER OF SAID SECTION;
`
`THENCE EAST ALONG THE NORTH LINE OF THE SOUTH 10 ACRES OF THE SOUTHEAST
`QUARTER OF SAID SOUTHEAST QUARTER OF SAID SECTION, 250.00 FEET TO THE POINT
`OF BEGINNING.
`
`SAID LAND IS INCLUDED WITHIN THE AREA SHOWN BY MAP ON FILED IN BOOK I 0, PAGE
`96 OF RECORD OF SURVEY, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
`
`APN: 504-310-013
`
`END OF LEGAL DESCRIPTION
`
`

`

`MAHALA
`
`A NEW RESORT CONCEPT
`IN PALM SPRINGS
`
`

`

`fa CHECK AVAILABILITY
`
`UNA
`
`showers, and original art are featured in every room.
`
`
`
`ACCOMODATING DESIGN
`
`Our guest experience starts with comfy quarters. Unique, custom-designed
`
`furnishings, ample platform beds, high-end electronics,large, luxurious rain
`
`

`

`
`
`
`
`
`
`
`‘J
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`ye
`
`
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`--- - --- --- --- ---- --- --- --- ---- --- --- --- - --- --- --- --- - --- --- --- --- - --- --- ----MAH A LA 0 FF IC I AL MER CH ---- - --- --- --- ---- --- --- --- ---- --- --- --- - --- --- --- --- - --- --- --- ---- --- --- -- -
`
`INSPIRED BY DESERT LIVING AND THE UNIQUE COACHELLA VALLEY VIBE, EXCLUSIVE DESIGN BY COLOROLA FOR
`INSPIRED BY DESERT LIVING AND THE UNIQUE COACHELLA VALLEY VIBE, EXCLUSIVE DESIGN BY COLOROLA FOR
`
`MAHALA
`MAHALA
`
`
`
`
`
`
`eee ee Re Ree Re Me MP Be Be ee eK ee He Ke
`
`UNISEX SHORT-SLEEVE
`UNISEX SHORT-SLEEVE
`wee eR ee Re eM Be eRe Be ee ee ee HK Ke eK
`
`UNISEX SHORT-SLEEVE
`UNISEX SHORT-SLEEVE
`
`UNISEX SHORT-SLEEVE
`
`MAHALA LAZY-T
`MAHALA LAZY-T
`
`(oleae)
`(. I SHOP NOW )
`
`
`
`MAHALA LAZY-T
`MAHALA LAZY-T
`
`MAHALA LAZY-T
`MAHALA LAZY-T
`
`C• I SHOP NOW )
`C• I SHOP NOW)
`CIEE.
`
`

`

`MAHALA LAZY-T
`
`MAHALA LAZY-T
`
`MAHALA L AZY-T
`
`(. I SHOP NOW )
`
`(. I SHOP NOW )
`
`( . I SHOP N OW )
`
`UNISEX SHORT-SLEEVE
`
`UNI SEX SHORT-SLEEVE
`
`UNISEX SHORT-SLEE VE
`
`MAHALA LAZY-T
`
`MAHALA LAZY-T
`
`MAHALA LAZY - T
`
`(. I SHOP NOW )
`
`(• I SHOP NOW )
`
`Open "https:/fsociety6.com/product/lazy-mahala_t-shirt?sku=s6-13588346p15a4v77a5v20a11v49" in a new tab
`
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`

`Sf)Ciety6
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`Lazy Mahala T Shirt
`
`by Mahala
`
`[Edit this product)
`
`15% off this item today!
`
`ｾ ＤＱＷＮＸＵ＠
`
`4 interest-free payments. Available for orders above $20. Klarna. Learn More
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`STYLE: CLASSIC T- SHIRTS
`
`<
`
`>
`
`MAHAii A
`
`C LASSIC T- SH IRTS RINGER T- SHIRTS
`
`BOXY T - SHI RTS
`
`COLOR: WHITE
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`•O•
`• •
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`• • •
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`ｾｴｹＶ＠I Find something you'll love!
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`Mahala Desert Living Full Zip Hoodie
`
`by Mahala
`
`[Edit this product]
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`15% off this item today!
`
`$&9:00 $55.25
`
`4 interest-free payments of $13.81 with Klarna. Learn More
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`<
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`COLOR: WHITE
`
`O•
`
`>
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`PRINT LOCATION: FULL BACK GRAPHIC
`
`·····.
`• .... •
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`,•··· .····.
`
`!....······
`
`CHEST GRAPHIC
`
`FULL BACK
`GRAPHIC
`
`FULL BA C K
`GRAPHIC & CHEST
`GRAPHIC
`
`I
`Mahala Desert Living Full Zip Hoodie
`
`'
`
`• • • •
`
`Reviews
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`Thi s Design
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`LEAVE A COMMENT
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`X Up to 10% off!
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`Post comment
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`v
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`SIZE
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`Medium
`
`QUANTITY
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`(
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`+
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`Add to cart
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`ｾｴｹＶ＠I Find something you'll love!
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`Mahala Fondo Setentero Tote Bag
`
`by Mahala
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`[Edit this product]
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`15% off this item today!
`SJlOO $26.35
`
`4 interest-f ree payments of $6.58 with Klarna. Learn More
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`>
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`SIZE
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`13' x 13'
`
`QUANTITY
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`CD About Society6 Tote Bags
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`v
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`<
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`MAHALA
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`Palm Springs
`Mahala Fonda Setentero Tote Bag
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`mahala ducha 2 Shower Curtain
`
`by Mahala
`
`[Edit this product I
`
`25% off thi s item today'
`
`$§800 $43.50
`
`4 interest-free payments of $10.87 with l<larna. Learn More
`
`SIZE
`
`71' x 74'
`
`QUANTITY
`
`+
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`Add to cart
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`CD About Society6 Shower Curtains
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`A
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`ｾＧｴｹＶ＠[ Find something you'll love!
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`Save Up Ta 30% Off Sitewide I Shop Sale Now »
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`Mahala Fondo Setentero V Neck T Shirt
`
`by Mahala
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`[Edit this product]
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`15% off this item today!
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`ｾ ＤＲＱＮＲＵ＠
`
`4 interest-free payments of $5.31 with l<larna. Learn More
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`STYLE
`
`>
`
`Unisex V-Neck T-Shirt
`
`COLOR: HEATHER GREY
`
`•• •
`
`SIZE
`
`X-Small
`
`QUANTITY
`
`(
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`Add to Cart
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`Sizing Info
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`v
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`<
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`• MAHALA
`
`Pillm Sprints
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`• •
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`Reviews ***** (74)
`
`This Design
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`All V Neck T
`Shirts
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`Home
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`> United States of America
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`> Palm Springs >
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`Mahala (Hotel), Palm Springs (USA) Deals
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`Q Coronavirus (COVID-19) support
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`Guest reviews (22)
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`Search
`Destination/property name:
`
`-
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`New to Booking.com
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`Mahala
`9 1777 North Palm Canyon Drive, Palm Springs, CA 92262, United States of America -
`Excellent location - show map
`
`v < 'H1ii1
`
`' '
`
`ｾ＠We Price Match
`
`2 adults · 0 children · 1 room
`
`I'm looking for a vacation rental
`
`I'm traveling for work
`
`Exceptional RI
`22 reviews liill
`
`This spot was wonderful. It was
`their soft opening, so the property
`was immaculate with impeccable
`design and touches. The staff felt
`like true hosts, like staying at a
`friend's house. They ...
`
`ｾ＠
`
`Ryan • United States of America
`
`Search
`
`Y Desert Palisades
`
`E Racquet Club Rd
`
`' '
`
`ｾｧｾｾＱｾ ｉｕＮｬｬＮｬＮｩ＠. Ｎ［ｩ［ｶＱｾｾｾｾＧｾＬｾ＠
`
`OLD LAS
`PALMAS
`
`Go gle
`
`Map data C2023 Google
`
`Located in Palm Springs, 1.2 miles from Palm Springs Visitor Center, Mahala provides accommodations with an
`
`outdoor swimming pool, free private parking, a garden and a terrace. Each room at the 4-star hotel has
`
`Property Highlights
`
`mountain views, and guests can enjoy access to a hot tub. Guests can enjoy pool views.
`
`The hotel will provide guests with air-conditioned rooms offering a desk, a coffee machine, a fridge, a safety
`
`deposit box, a flat-screen TV, a patio and a private bathroom with a shower. At Mahala each room is equipped
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`with bed linen and towels.
`
`O'Donald Golf Course is 1.9 miles from the accommodation, while Palm Springs Convention Center is 2.1 miles
`
`ｾ＠Top Location: Highly rated by recent
`guests (9.7)
`
`® Free private parking available at the hotel
`
`

`

`l!M Hotels.com··
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`Mahala
`**
`
`Palm Springs adults-only hotel with outdoor pool
`
`DIUVYll::t 001...t
`and Soul Food
`
`E San Rafael Or
`
`Q oesert Palisades
`
`E Racque1 Ctvb Rd
`
`North Lykken Trail,
`north !railhead
`
`'
`
`'1;1
`
`@
`OLD LAS
`P ALM AS
`
`z SUN RISE
`> V I STA CH INO
`
`g.i
`
`-:(cid:173)
`\
`"-"
`I;'
`
`ｾ＠Non-smoking
`
`+l+ Air conditioning
`
`1777 N Palm Canyon Dr, Palm Springs, CA,
`92262
`
`View in a map >
`
`What's around
`
`9.2/10 Superb
`
`33 verified Hotels.com guest reviews
`
`See all 33 reviews >
`
`Popular amenities
`
`ｾ＠Free parking
`
`ｾ＠Pool
`
`9 Free WiFi
`
`See all >
`
`Las Palmas
`
`San Jacinto Mountains
`
`9
`9
`9
`ｾ＠ Palm Springs, CA (PSP-
`Palm Springs Intl.)
`
`14 min walk
`
`14 min walk
`
`11 min drive
`
`Elvis Honeymoon Hideaway 3 min drive
`
`Your dates need to occur after 2023-03-10. Try updating your dates to see prices for your trip.
`
`Check- in
`[!J Select date
`
`11
`
`Check- out
`[!J Select date
`
`ｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾ＠
`
`I
`
`I I :.
`
`Travellers
`1 room, 2 travellers
`
`

`

`0Expedia More travel v
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`(g)
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`HONDA
`
`ｏｉｕｗｬｬｾ＠00\.l
`and Soul Food
`
`£ San Rafael Or
`
`Q Desert Palisades
`,..,
`e
`
`'
`
`North Lykken Trail,
`north trailhead
`
`OLD LAS
`PA L MAS
`
`f ｒｾＱＮＱ･Ｑｃｬｵ｢ｒ､＠
`
`z SUNRISE
`> VISTA CH I NO
`
`i
`
`ｾｾ＠
`ｾ＠
`
`"
`
`Honda
`
`ff Holiday Inn
`
`AN IHG HOTEL
`
`We have the
`perfect places
`to connect.
`
`Plus, kids stay & eat free.
`
`Overview
`
`Rooms
`
`Location
`
`Amenities
`
`Policies
`
`Mahala
`**
`
`9.2/10 Wonderful
`
`See all 33 reviews >
`
`Popular amenities
`
`ｾ＠Pool
`
`ｾ＠FreeWiFi
`
`p Parking included
`
`See all >
`
`ｾ＠Air conditioning
`
`.../ Housekeeping
`
`ｾ＠HotTub
`
`1777 N Palm Canyon Dr, Palm Springs, CA, 92262
`
`View in a map >
`
`Explore the area
`
`Las Palmas
`
`San Jacinto Mountains
`
`9
`9
`9
`ｾ＠ Palm Springs, CA (PSP-Palm
`Springs Intl.)
`
`Elvis Honeymoon Hideaway
`
`14 min walk
`
`14 min walk
`
`3 min drive
`
`11 min drive
`
`Your dates need to occur after 2023-03-10. Try updating your dates to see prices for your trip.
`
`ｾ＠Check- in
`• Select date
`
`[
`
`)
`
`[ ｾ＠Check- out
`• Select date
`
`ｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾｾ＠
`
`] [ :.
`
`Travelers
`l room, 2 travelers
`
`

`

`overvitw
`
`Prlc:••
`
`Rtvltwt
`
`LOcauon
`
`PhOt06
`
`Most helpful ..
`
`5/5
`
`Thi• hottl WI• I hiddtn trtHUl'tf lht .,.,, Wll WOftdltful •nd so accommodating. made(cid:173)
`ow aMtWrNJY tnp tl'let ml.Id\ .,.clal lht l'IO'ttl 1n Itself w.s •piece of an! It was self
`f'tldent that Pttrf ､ｴ｣ＰＱＧＸｃｾ＠decision W'llt oursttd cartfulty.. T ruty magical hidden gem!
`
`5/5
`
`We ｨｾ＠1 fabulou• ltlJ M th!• nottf! I toot a l>4 of a chltta on II. since ifs Vf't'/ new atld
`tt'Ohnlcaly •iii in 1ht soft optntng pl\IH. but it wH ｾｮ＠bett« than I was OOp.ng for! The
`wews ind vibt:1 1n the courtylld . . perftct. The hffttd pool and hot rub were nice to hang
`out vound. TM rooms-. f•l1Y Ａ＾ｍｩ｣ｾ＠tlwy ht\lt ewl')'!Nng you Med· a oomfonable
`bed. •n•cb. and a nice bsthroom. Thtr9 tr9 a few quirk• wt!h the property but the owner
`explained evtrytl'li"9 and w11 * ) ' fnenct)'! Th• locttion 11 ｱｵｩｾ＠but we were able to walk
`to some ｾｳｴ＠res.taurants ind blrs. We oNy f'llrytd fOf 1 day before heading out of Palm
`Springs but wt lttt wiahing wt hid 1ttytd for longtr! Wt ctruifll'1 hop@ m ccm@ b.ack to
`Mahal1 1n tilt futurt.
`
`Trip type VacatJOn Couiplt
`
`• Reid i.ts
`
`5/5
`
`What a gtfri ｓｕｉｾ＠htrt f0t 1 wtitittnd. dw 1tme11ptleff is lovety and relaxing with a
`ab.Inning Ylf'W. Atttntrlt and ff'itndy •taff. nice pool and hot rub and owrall wique .styte. h
`was alao my twthdly end Wiii turPriMd with •cut• CbOCdi:t• cake. I enjoyed me cozy.
`ptrSONbfe •aof Ａｍｾ＠10/10 ｾﾷ＠
`Tnp 1J1M Vac.tion Fnerldt
`-.,. ,o s.- 'o ,,__,o
`
`5/5
`
`EXH 9
`
`

`

`AE TRIBE - Exhibit Total
`
`Page 1 of 2 - INCOME
`
`AE Tribe (Claimed) INCOME:
`
`Exhibit A
`
`Exhibit B
`Inv GTAL 1004 + LA57447 - Gold Teeth (not Mahala), T-Shirt, Cap
`Inv LA1235 - Gold Teeth (not Mahala), T-Shirt
`
`Date
`
`Amount
`
`Paid
`
`Payment Type
`
`Barter
`
`No Dates or Sales on this Exhibit, Random Clothes with sewn on Mahala labels
`
`1/9/18
`1/9/18
`
`880.00$
`
`
`115.00$
`
`380.00$
`
`
`115.00$
`
`Cash
`CC via Black Zebra
`(CC Fees?)
`
`
`
`500.00$
`
`No proof of any Mahala items, Invoice dated Jan 9, pop-up was Jan 14 - this appears fabricated
`Same as above, also cut and paste "$880" Total is incorrect, Total is $115.
`Where's the payment from BLK Zebra to AE Tribe, what about credit card fees?
`
`Dave Dean filed for 43 (1B)
`
`3/22/18
`
`Exhibit C
`Inv 1030BOS - Beenie, Bandana, Socks, T-Shirt
`Inv 1031BOS - Jogger (Red and Black)
`I