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In The Matter Of The Petition Of John Joyce

Case Last Refreshed: 2 years ago

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Joyce, John, filed a(n) 43-Cv Other Petition - Civil Unlimited case in the jurisdiction of Kern County. This case was filed in Kern County Superior Courts with Lampe, David R. presiding.

Case Details for Joyce, John v.

Case Number

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Judge

Lampe, David R.

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Filing Date

November 26, 2013

Category

43-Cv Other Petition - Civil Unlimited

Last Refreshed

November 18, 2021

Filing Location

Kern County, CA

Case Outcome Type

Judgment

Parties for Joyce, John v.

Plaintiffs

Joyce, John

Attorneys for Plaintiffs

Other Parties

Landsgaard, Olaf A (Attorney)

Case Events for Joyce, John v.

Date Type Description
November 13, 2014 Hearing 839 Pmt: Fax Filing Fees CRC 2006
Amount of $7.00 for CASTLE PRINTING GROUP (RP-2). Received from GIBSON & GIBSON. Receipt #809546 for amount of $7.00. Detail: FAX ID #24009 07/03/2014.
November 13, 2014 Docket Event 839 Pmt: Fax Filing Fees CRC 2006
Amount of $7.00 for CASTLE PRINTING GROUP (RP-2). Received from GIBSON & GIBSON. Receipt #809546 for amount of $7.00. Detail: FAX ID #24009 07/03/2014.
July 09, 2014 Hearing Motion
Calendar Notes: 6/12/14 ATTORNEYS FOR, THE ROSAMOND WEEKLY NEWS. MOTION TO STRIKE PURSUANT TO CCP SECTION 425.16 AND REQUEST FOR ATTORNEY'S FEES AND COSTS OF $13,060.00; POINTS AND AUTHORITIES; DECLARATION OF OLAF LANDSGAARD. 6/12/14 ATTORNEYS FOR, THE ROSAMOND WEEKLY NEWS. MOTION TO STRIKE PURSUANT TO CCP SECTION 425.16 AND REQUEST FOR ATTORNEY'S FEES AND COSTS OF $13,060.00; POINTS AND AUTHORITIES; DECLARATION OF OLAF LANDSGAARD.

Judge: Lampe, David R.
July 09, 2014 Docket Event Motion
Calendar Notes: 6/12/14 ATTORNEYS FOR, THE ROSAMOND WEEKLY NEWS. MOTION TO STRIKE PURSUANT TO CCP SECTION 425.16 AND REQUEST FOR ATTORNEY'S FEES AND COSTS OF $13,060.00; POINTS AND AUTHORITIES; DECLARATION OF OLAF LANDSGAARD. 6/12/14 ATTORNEYS FOR, THE ROSAMOND WEEKLY NEWS. MOTION TO STRIKE PURSUANT TO CCP SECTION 425.16 AND REQUEST FOR ATTORNEY'S FEES AND COSTS OF $13,060.00; POINTS AND AUTHORITIES; DECLARATION OF OLAF LANDSGAARD.

Judge: Lampe, David R.
July 08, 2014 Hearing Hearing Vacated
vacated per minute order ruling on 7/8/14 ~ calid=2580835 Vacating calendar hearing. EventCode:4002, CourtDate:07/09/2014, Courtroom:11, SessionNumber:1, Sequence:8, SessionType:LM, Judge:DRL, SystemDate:6/13/2014 1:31:36 PM
July 08, 2014 Hearing NP1820
Department: 11 Calendar Notes: NATURE OF PROCEEDINGS: RULING. *************************************************************************************** THE COURT FINDS AS FOLLOWS: THE COURT VACATES THE ANTI-SLAPP MOTION TO STRIKE OF PETITIONER ROSAMOND WEEKLY NEWS, AND OTHERS, NOTICED FOR HEARING ON WEDNESDAY, JULY 9, 2014, AT 8:30AM IN DEPARTMENT 11 FOR THE REASON THAT THERE IS NO MOTION FROM CASTLE PRINTING GROUP PENDING. BY THE COURT'S MINUTE ORDER OF JULY 3, 2014 THE COURT DENIED CASTLE PRINTING GROUP'S ORIGINAL MOTION TO WHICH THE PUBLISHER BROUGHT THE PENDING AND COUNTER ANTI-SLAPP MOTION TO STRIKE. THE PENDING MOTION OF THE PUBLISHER IS NOW MOOT. COPY OF MINUTE ORDER MAILED TO AND SENT VIA FACSIMILE TO ALL PARTIES AS STATED ON THE ATTACHED DECLARATION.
July 08, 2014 Docket Event NP1820
Department: 11 Calendar Notes: NATURE OF PROCEEDINGS: RULING. *************************************************************************************** THE COURT FINDS AS FOLLOWS: THE COURT VACATES THE ANTI-SLAPP MOTION TO STRIKE OF PETITIONER ROSAMOND WEEKLY NEWS, AND OTHERS, NOTICED FOR HEARING ON WEDNESDAY, JULY 9, 2014, AT 8:30AM IN DEPARTMENT 11 FOR THE REASON THAT THERE IS NO MOTION FROM CASTLE PRINTING GROUP PENDING. BY THE COURT'S MINUTE ORDER OF JULY 3, 2014 THE COURT DENIED CASTLE PRINTING GROUP'S ORIGINAL MOTION TO WHICH THE PUBLISHER BROUGHT THE PENDING AND COUNTER ANTI-SLAPP MOTION TO STRIKE. THE PENDING MOTION OF THE PUBLISHER IS NOW MOOT. COPY OF MINUTE ORDER MAILED TO AND SENT VIA FACSIMILE TO ALL PARTIES AS STATED ON THE ATTACHED DECLARATION.
July 08, 2014 Docket Event Hearing Vacated
vacated per minute order ruling on 7/8/14 ~ calid=2580835 Vacating calendar hearing. EventCode:4002, CourtDate:07/09/2014, Courtroom:11, SessionNumber:1, Sequence:8, SessionType:LM, Judge:DRL, SystemDate:6/13/2014 1:31:36 PM
July 03, 2014 Hearing NP1821
Department: 11 Calendar Notes: NATURE OF PROCEEDINGS: RULING ON: MOTION TO SET ASIDE JUNE 22, 1988 ORDER ADJUDICATION RE: ROSAMOND WEEKLY NEWS; FILED BY DEFENDANT, CASTLE PRINTING GROUP; HERETOFORE SUBMITTED ON 06/18/14. *************************************************************************************** THE COURT FINDS AS FOLLOWS: THE COURT DENIES CASTLE PRINTING GROUP'S MOTION TO SET ASIDE JUNE 22, 1988 ORDER OF ADJUDICATION RE: ROSAMOND WEEKLY NEWS. THE COURT GRANTS MOVING PARTY'S REQUEST TO TAKE JUDICIAL NOTICE OF SUPERIOR COURT COMMISSIONER ETIENNE'S ORDER IN CV 269802 DATED DECEMBER 20, 2010. THE COURT DENIES MOVING PARTY'S MOTION TO SET ASIDE THE JUNE 22, 1988, ORDER OF ADJUDICATION FOR FAILURE TO CARRY ITS BURDEN OF PROOF: (1) THAT CASTLE GROUP QUALIFIES AS AN ENTITY POSSESSING STANDING TO MOVE TO VACATE THE PREVIOUS ORDER OF ADJUDICATION UNDER GOVERNMENT CODE SECTION 6024, SUBDIVISION (1); (2) THAT THE ORIGINAL ORDER WAS WRONG, AND (3) THAT THE ROSAMOND WEEKLY NEWS IS NO LONGER PUBLISHED OR PRINTED IN KERN COUNTY. MOVING PARTY CASTLE GROUP MOTION AND THE SUPPORTING DECLARATION OF DONALD HARDAWAY DID NOT SHOW THAT CASTLE GROUP IS A "PERSON" AS DEFINED BY EVIDENCE CODE SECTION 175: " . . . A NATURAL PERSON, FIRM, ASSOCIATION, ORGANIZATION, PARTNERSHIP, BUSINESS TRUST, CORPORATION, LIMITED LIABILITY COMPANY, OR PUBLIC ENTITY." (EVIDENCE CODE SECTION 175.) ZURICH AMERICAN INS CO. V. SUPERIOR COURT (2007) 155 CAL.APP.4TH 1485, 1497, CITED BY MOVING PARTY FOR STANDING, CONFINES ITS DISCUSSION TO THE COMMUNICATIONS OF A CORPORATION FOR PURPOSES OF ATTACHING THE ATTORNEY-CLIENT PRIVILEGE, AND DOES NOT SUPPORT MOVING PARTY'S CLAIM THAT IT IS A QUALIFYING "PERSON" UNDER GOVERNMENT CODE SECTION 6024. WHILE THE COURT GRANTS MOVING PARTY'S REQUEST FOR JUDICIAL NOTICE OF COMMISSIONER ETIENNE'S ORDER IN CASE NUMBER 269802, THE COURT CANNOT TAKE JUDICIAL NOTICE OF THE COMMISSIONER'S FINDINGS OF FACTS THEREIN THAT THE ROSAMOND WEEKLY NEWS IS NOT PRINTED OR PUBLISHED IN KERN COUNTY TO CARRY ITS BURDEN UNDER GOVERNMENT CODE SECTION 6024(1)(C) THAT "THE NEWSPAPER HAS CEASED TO BE A NEWSPAPER OF GENERAL CIRCULATION" (AS DEFINED BY GOVERNMENT CODE SECTIONS 6000 AND 6003.) "A COURT MAY TAKE JUDICIAL NOTICE OF A COURT'S ACTION, BUT MAY NOT USE IT TO PROVE THE TRUTH OF THE FACTS FOUND AND RECITED." (O'NEILL V. NOVARTIS CONSUMER HEALTH, INC. (2007)147 CAL.APP.4TH 1388, 1405.) THE COURT DECLINES TO SET ASIDE THE ORDER ON ITS OWN MOTION. COPY OF MINUTE ORDER MAILED TO ALL PARTIES AS STATED ON THE ATTACHED DECLARATION OF MAILING.
July 03, 2014 Hearing Opposition to Motion
TO STRIKE PURSUANT TO CCP 425.16 AND REQUEST FOR ATTORNEY FEES AND COSTS OF $13,060.00 FILED BY JOHN GIBSON ESQ
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