Chtivelman

FACTS AND PROCEEDINGS BELOW

NCCI is a marijuana dispensary that has operated at various locations in the San Fernando Valley. Chtivelman and his co-plaintiff Pavel Lyubovny 2 had been involved with NCCI in some capacity 3 for several years when, in early 2015, they claim

1 In January 2022, Broemer filed a declaration in the trial court stating that he was “unable to continue as . . . Chtivelman’s attorney” and was “filing a substitution of attorney in this case and in the related case substituting out as attorney of record.” In his opening brief on appeal, which was filed in March, Broemer states that the appeal is on behalf of “Chtivelman and his attorney . . . Broemer.” We therefore assume that Broemer continues to represent Chtivelman. Lyubovny is not a party to this appeal. The operative complaint alleges that Chtivelman and Lyubovny “controlled and operat[ed]” NCCI as a “cooperative corporation” “for several years, with the consent of members of the cooperative.” The complaint makes conflicting claims as to when the two surrendered ownership of this cooperative. According to one portion of the complaint, they “were incarcerated in 2011 or 2012 and at that time gave…