vs. ) NOTICE OF RULING 14 )

Transcription

1 1 C. D. Michel - SBN 1448 Joshua R. Dale - SBN MICHEL & ASSOCIATES, P.c. 180 East Ocean Blvd., Suite Long Beach, CA Telephone: (562) Fax: (562) Attorneys for Defendants U.S. Builder Services, LLC, Bounds Equity Pminers, LLC, and John M. Goense IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES EASTERN DISTRICT- POMONA COURTHOUSE SOUTH 11 CALIFORNIA WHOLESALE MATERIAL) CASE NO. KC SUPPLY, LLC, et ai., ) 12 ) Assigned for all purposes to the Plaintiffs, ) Hon. Dan Oki, Dept. "J" 13 ) vs. ) NOTICE OF RULING 14 ) CAPITAL DRYWAL, INC., et ai., ) Date: February 7,2013 ) Time: 8:30 a.m. Defendants. ) Dept.: "0" 16 ) TO THIS COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 18 PLEASE TAKE NOTICE that on February 7, 2013, a hearing was held on 1) Defendant 19 Bounds Equity Partners, LLC's Motion to Quash Summons for lack of personal jurisdiction, and 20 2) Defendant U.S. Builder Services, LLC's Motion to Quash Summons for lack of personal 21 jurisdiction. All parties being represented thereat, and good cause having been shown, the Court 22 entered the following order: Defendant Bounds Equity Partners, LLC's Motion to Quash Summons for lack of personal jurisdiction and Defendant U.S. Builder Services, LLC's Motion to Quash Summons for lack of personal jurisdiction were both granted. A copy of this Court's February 7,2013 Order is attached hereto as Exhibit "A" and hereby incorporated into this notice. A Case Management Conference and a hearing on Order to Show Cause re 1 NOTTrli'. Oli' lhtt.tnr::! f:l:ik'pflh~,;zh~l

2 Dismissal of Defendants Bounds Equity Partners, LLC and U.S. Builder Services, LLC, were set for April 8,2013 at 8:30 a.m., before the Honorable Dan Oki in Department J of the above listed court. The COUli ordered the moving Defendants to give notice of its ruling. 5 Pursuant to the February 7, 2013 Order, moving Defendants filed a proposed Judgment of 6 Dismissal which was entered on February 7, A copy of this Judgment of Dismissal is 7 attached hereto as Exhibit "B" and hereby incorporated into this notice Dated: February 20,2013 MICHEL & ASSOCIATES, P.C. oshu. Dale I Atto(n ys for Defendants U.S. Builder \?er~jies, LLC, Bounds Equity Partners, LLC, and John M. Goense 2 NOTICE OF RULING r#kc06~s6~1

3 EXHIBIT A

4 IN THE SUPERlOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES EAST DISTRlCT - POMONA COURTHOUSE SOUTH I I CALIFORNIA WHOLESALE MATERlAL ) SUPPLY, LLC, etc., et ai., ) ) Plaintiff, ) ) vs. ) ) CAPITALDRYWAL,INC.,etaI. ) ) Defendants. ) ) CASE NO. KC Assigned for all purposes to the Hon. Judge Peter J. Meeka, Dept. "0" ~] ORDER ON MOTION TO QUASH SUMMONS FOR LACK OF PERSONAL JURISDICTION Date: February 7, 2013 Time: 8:30 a.m. Dept.: "0" 18 On February 7, 2013, a hearing was held on I) Defendant Bounds Equity Partners, LLC' s 19 Motion to Quash Summons for lack of personal jurisdiction and 2) Defendant U.S. Builder 20 Services, LLC's Motion to Quash Summons for lack of personal jurisdiction. All parties being 21 represented thereat, and good cause having been shown, the Court hereby orders as follows: There is no constitutionally-sufficient basis for the State of California to exercise 23 personaljurisdiction over Defendants U.S. Builder Services, LLC and Bounds Equity Partners, LLC. THEREFORE, IT IS ORDERED THAT: 1. Defendants' Request for Judicial Notice in support of their motion is hereby GRANTED. 2. Defendants' Motions to Quash are hereby GRANTED and the summons issued 1 [PROPOSED] ORDER ON MOTION TO QUASH f# KC

5 against Defendants U.S. Builder Services, LLC and Bounds Equity Partners, LLC are hereby 2 quashed; 3 A judgment of dismissal shall be entered in favor ofd.s. Builder Services, LLC 4 and Bounds Equity Partners, LLC; 5 4. Counsel for moving parties shall give notice of this order to all other appearing 6 parties; and 7 '5. Counsel for moving parties shali file and serve a proposed Judgment of Dismissal 8 within ten days after execution of this Order. 9 IT IS FURTHER ORDERED THAT: IT IS SO ORDERED Dated: Submitted by: l//( /[ ' Dated: December 12,2012 ASSOCIATES, P,C. Joshu R. ale Attorn for Defendants U.S. Builder Services, LLC, Bounds Equity Partners, LLC, and John M. Goense 2 [PROPOSED] ORDER ON MOTION TO QUASH [# KC063863]

6 E HIBITB

7 02/07/20J3 :56 FAX MICHEL&ASSOC, I4J 002 C. D. Michel- SBN 1448 Joshua R. Dale - SBN MICHEL & ASSOCIATES, P.c. 180 East Ocean Blvd., Suite 200 OR\G\NAl F\lEO 3 Long Beach, CA Telephone: (562) FEB,, Fax: (562) Attomeys for Defendants U.S. Builder Servjce~, LLC, Bounds Equity Partners, LLC, and John M. Go~nsc. 6 7 LOS ANGELES SUPERIOR COURT 8 9 IN THE SUPERIOR COURT OF THE STATE OF CALiFORNIA IN AND FOR THE COUNTY OF LOS ANGELES EAST DISTRICT - POMONA COURTHOUSE SOUTH 11 CALIFORNIA WHOLESALE MATERIAL ) CASE NO. KC SUPPLY, LLC, et ai., ) 12 ) Assigned for all purposes to the P lail1ti is, ) Hon. Judge Peter J. Meeka, Dept. "0" 13 ) vs. ) 14 ) 'f 'I't'O'N3~] JUDGMENT OF DISMISSAL CAPITAL DRYW AL, INC., et al., ) ) Def(!ndants. ) 16 _~_ ) Tbjs Court, having gj'811ted on February 7, 2013, the motions of Defendant Bounds Equity 18 Partn~rs, LLC and Defendant U.S. Builder Services, LLC to quash summons for lack of per.sol1al 19 jurisdiction, and having so quashed the summons, 20 IT IS HEREBY ORDERED THAT: Defendants BOLUlds Equity Partners, LLC and U.S. Builder Services, LLC are each 22 dismissed from the above entitled action with/without prejudice.; 23 2, Defendants Bounds Equity Paliners, LLC and U,S, Builder Services, LLC shall each be enti.tled to recover from plaintifi' costs of suit as determined by motion or a Memorandum of Costs hereinafter submitted to this Court //1 III III 1 WROPOSEDJ JUDGMENT OF DISMISSAL [#KC063863J

8 02/07/20JJ :56 FAX MICHEL&ASSOC. [tj 003 IT IS FURTHER ORDERED THAT --'-'_._ IT IS SO ORDERED. 5 Dated: Submitted by: 2---J-{3 11 Dated: Fehntary 7, 2013 MICHEL & ASSOCIATES, P.e [proposed] JUDGMENT OF DISMISSAL [#KC063863]

9 02/07/2013 :56 FAX MICHEL&ASSOC PROOF OF SERVICE 2 STATE OF CALIFORNIA 3 COUNTY OF LOS ANGELES 4 I, Christina Sanchez, am employed in tjle City of Long Beach, Los Angeles COlUlty, California. I am over the age eighteen (18) years and am not a party to the withill action. My 5 business address is 180 East Ocean Blvd., Suite 200, Long Beach, CalifoI1lia On February 7, 2013, I served the foregoing docmnent(s) described as 7 [.PROPOSED] JUDGMENT OF DISMISSAL 8 on the interested parties in this action by placing [ ] the original 9 [X) a true and correct copy thereof enc],)scd in sealed envelope(s) addressed as follows: El i J. Karpeles 1.1. KARPELES & ASSOCIATES 8383 Wilshire Blvd., Suite Beverly Hills, CA (BY MAlL) As fouows: 1 am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under the practice it would be deposited with the 14 U.S. Postal Service on that same day with postage thereon fully prepaid at Long Beach, California, in the ordinary course of business. I am aware that on motion of the party serv~d, service is presumed invalid if postal cancellation date is more than one day after date of deposit for mailing an affidavit. 16 Executed on February 7, 2013, at Long Beach, California X x (PERSONAL SERVICE) I caused slich envelope to delivered by hand to the offices of the addressee. ExcGuted on February 7,2013, at Long Reach, California. (OVERNIGHT MAIL) As follows: I (1m "readily familiar" with the firm's pr.actice of collection and processing corresponuence for ovemight delivery by UPSIFED-EX Under the practice it would be deposited with a facility regularly maintained by UPSIFED-EX for receipt on the same day in the ordinary course of business. Such envelope was sealed and placed for collection and delivery by U PS/FED-EX with delivery fees paid or provided for in accordance. Executed on February 7, 2013, at Long Beach, California. (STATE).1 declare under penalty of pctj ury under the laws of the State of California that the foregoing is true and correct. (FEDERAL) I declare that 1 am employed in the office of the member of the bar of this cow't at whose direction the service was made.. 3 [PROPOSED] JUDGMENT OF DISMISSAL [#KC063863]

10 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA 3 COUNTY OF LOS ANGELES 4 I, Christina Sanchez, am employed in the City of Long Beach, Los Angeles County, California. I am over the age eighteen (18) years and am not a party to the within action. My 5 business address is 180 East Ocean Blvd., Suite 200, Long Beach, California On February 20,2013, I served the foregoing document(s) described as 7 NOTICE OF RULING 8 on the interested parties in this action by placing [ ] the original 9 [X] a true and correct copy thereof enclosed in sealed envelope(s) addressed as follows: Eli J. Karpeles KARPELES & ASSOCIATES 8383 Wilshire Blvd., Suite 346 Beverly Hills, CA X -.X (BY MAIL) As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under the practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Long Beach, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date is more than one day after date of deposit for mailing an affidavit. Executed on February 20,2013, at Long Beach, California. (PERSONAL SERVICE) I caused such envelope to delivered by hand to the offices of the addressee. Executed on February 20, 2013, at Long Beach, California. (OVERNIGHT MAIL) As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for overnight delivery by UPS/FED-EX. Under the practice it would be deposited with a facility regularly maintained by UPS/FED-EX for receipt on the same day in the ordinary course of business. Such envelope was sealed and placed for collection and delivery by UPS/FED-EX with delivery fees paid or provided for in accordance. Executed on February 20,2013, at Long Beach, California. (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (FEDERAL) I declare that I am employed in the office of the member of the bar of this court at whose direction the service was made. ~\i e!/i 3 NOTICE OF RULING f#kc06:\s6:\1

11 ( ~RM: MICHEL & ASSOCIATES, P.C. 180 E. OCEAN BLVD. SUITE 200 LONG BEACH CA PH: 562/ ATTORNEY FILE # 923 RETURN TODAY RUSH CHARGES APPLY COURT: f\~, IATTOR~9s~~ E I INC 0 RrsJ~ RAT E D t I r Long Beach Torrance C Fax JUDICIAL DIST:~ CITY: 'P~VL CASE #: I~C olp 3fltJ3 I' ( ( r.,' r CARRIER NAME: ADDRESS: ADJUSTER: (. INSURED: CLAIM NUMBER: City, STATE,& ZIP: DATE OF LOSS: ( ~~--~~--~~ ~--~~------~--~~--~~~------~ ;:[~ LIST ALL DOCUMENTS: HEARING DATE FEES PAID/ DATE FEES II r ATTACHED I I" INSTRUCTIONS: FILE BY DEPT. CLERK IMPORTANT../ FILE ~V SERVE I '- SERVE BY COURT PROCESS ( ~----~-+----~~ DELIVERY RETURN ADV;FEE DELIVER COpy OTHER o RESIDENCE o BUSINESS MALE FEMALE RACE AGE HT WT HAIR l I. i I ~ ("i { ORIGINAL SUBMIT DATE~ RUNNER --/' /;f---t- DATE 2nd SUBMIT RUNNER ( di.11 ii/i: :, ',\ \.,. ' " NO CONFORM Corporate Mailing Address: P.O. Box Long Beach, CA (,)RI~II\IAI