On May 08, 2014 a
Motion,Ex Parte
was filed
involving a dispute between
Mccoy, Connie,
Mccoy, Wallace W,
Wallace W Mccoy As Trustee Of The Wallace W Mccoy Trust,
and
Ambature Inc,
Beyers, Joseph W,
Gilbert, Douglas James,
Mody, Neal,
for Civil - Unlimited
in the District Court of San Diego County.
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KEVIN W. ALEXANDER (SBN: 175204)
RICHARD R. SPIRRA (SBN: 106361)
GORDON Ec, REES LLP
101 W. Broadway Suite 2000
San Diego, CA 92101
Telephone: (619) 696-6700
Facsimile: (619) 696-7124
Attorneys for Defendants
Ambature, Inc., Douglas James Gilbert,
and Joseph W. Beyers
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN DIEGO
10 WALLACE W. MCCOY, individually ) CASE NO. 37-2014-00014568-CU-NP-NC
and as TRUSTEE OF THE WALLACE )
11 W. MCCOY TRUST, AND CONNIE NOTICE OF MOTION AND MOTION
)
MCCOY, ) FOR SUMMARY JUDGMENT OR
12
)
SUMMARY ADJUDICATION BY
Plaintiffs, DEFENDANTS AMBATURK, INC.,
O
13 ) DOUGLAS GILBERT AND JOE
Ch
BKYKRS
4)
gg eC 14
0 AMBATURE, LLC, a Delaware Limited )
15 Liability Company; DOUGLAS JAMES [IMAGED FILEj
o GILBERT aka DOUG GILBERT; JOE )
Oker 16 BYERS; NEAL MODY; and DOES 1 ) (Filed and served concurrently with
through 50, inclusive, ) Memorandum of Points and Authorities,
17 ) Separate Statement of Undisputed Material
Defendants. ) Facts, Declaration of Douglas James Gilbert,
18 Declaration of Joseph W. Beyers, Declaration
of Ron Kelly, Declaration of Richard Spirra,
19 Notice of Lodgment and [Proposedj Order)
20 ) Date: September 11, 2015
Time: 1:30p.m.
21 Dept: N-28
Judge: Hon. Earl H. Maas, III
22 )
)
23 ) Complaint Filed: May 8, 2014
) Trial Date: October 16, 2015
24
TO PLAINTIFFS AND THEIR COUNSEL OF RECORD:
26 PLEASE TAKE NOTICE that on September 11, 2015, at 1:30p.m., or as soon thereafter
as this matter may be heard, in Department N-28 of this court, located at 325 S. Melrose Drive,
Visa, CA 92081, defendants Ambature, Inc., Douglas James Gilbert and Joseph W. Beyers
-1-
DEFENDANTS'OTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY
ADJUDICATION
("Defendants" ) each will and do hereby move this court as follows:
For summary judgment on all of the claims asserted against each moving defendant by
Wallace McCoy, individually.
For summary judgment on all of the claims asserted against each moving defendant by
Wallace McCoy, as trustee of the Wallace W. McCoy Trust.
For summary judgment on all of the claims asserted against each moving defendant by
Connie McCoy.
Each moving defendant is separately making these motions with respect to the claims
against him or it. The motions have been included in a single set of moving papers for purposes
10 of economy and efficiency pursuant to the direction and approval of the Court at the recent ex
parte hearing.
8 12 Defendants move in the alternative for summary adjudication in favor of defendants on
O
~ cu
13 each of the three causes of action asserted against the defendants. Each moving defendant is
Ok
Ok
gg eC 14 separately making these motions with respect to the claims against him or it. The motions have
0
0 0 been included in a single setof moving papers for purposes of economy and efficiency pursuant
UWcR CC
to the direction and approval of the Court at the recent ex parte hearing.
17 These motions are made on the ground that the evidence of undisputed facts submitted
with these motions by defendants establishes that there is no merit to any of the plaintiffs'laims
and causes of action.
20 These motions are based on the Separate Statement Of Undisputed Facts, Memorandum
21 of Points and Authorities and Declarations filed by Defendants herewith; the exhibits lodged
22 with Defendants'otice of Lodgment; the record and files in this case; and such other oral or
23 documentary evidence as may be presented at the time of the hearing on this motion.
24 Dated: June 26, 2015 GO
25 By:
26 Richard R. Spirra
Attorneys for Defendant
27 Ambature, Inc., Douglas James Gilbert,
and Joseph W. Beyers
-2-
DEFENDANTS'OTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY
ADJUDICATION
Document Filed Date
June 26, 2015
Case Filing Date
May 08, 2014
Category
Civil - Unlimited
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KEVIN W. ALEXANDER (SBN: 175204) RICHARD R. SPIRRA (SBN: 106361) GORDON Ec, REES LLP 101 W. Broadway Suite 2000 San Diego, CA 92101 Telephone: (619) 696-6700 Facsimile: (619) 696-7124 Attorneys for Defendants Ambature, Inc., Douglas James Gilbert, and Joseph W. Beyers SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO 10 WALLACE W. MCCOY, individually ) CASE NO. 37-2014-00014568-CU-NP-NC and as TRUSTEE OF THE WALLACE ) 11 W. MCCOY TRUST, AND CONNIE NOTICE OF MOTION AND MOTION ) MCCOY, ) FOR SUMMARY JUDGMENT OR 12 ) SUMMARY ADJUDICATION BY Plaintiffs, DEFENDANTS AMBATURK, INC., O 13 ) DOUGLAS GILBERT AND JOE Ch BKYKRS 4) gg eC 14 0 AMBATURE, LLC, a Delaware Limited ) 15 Liability Company; DOUGLAS JAMES [IMAGED FILEj o GILBERT aka DOUG GILBERT; JOE ) Oker 16 BYERS; NEAL MODY; and DOES 1 ) (Filed and served concurrently with through 50, inclusive, ) Memorandum of Points and Authorities, 17 ) Separate Statement of Undisputed Material Defendants. ) Facts, Declaration of Douglas James Gilbert, 18 Declaration of Joseph W. Beyers, Declaration of Ron Kelly, Declaration of Richard Spirra, 19 Notice of Lodgment and [Proposedj Order) 20 ) Date: September 11, 2015 Time: 1:30p.m. 21 Dept: N-28 Judge: Hon. Earl H. Maas, III 22 ) ) 23 ) Complaint Filed: May 8, 2014 ) Trial Date: October 16, 2015 24 TO PLAINTIFFS AND THEIR COUNSEL OF RECORD: 26 PLEASE TAKE NOTICE that on September 11, 2015, at 1:30p.m., or as soon thereafter as this matter may be heard, in Department N-28 of this court, located at 325 S. Melrose Drive, Visa, CA 92081, defendants Ambature, Inc., Douglas James Gilbert and Joseph W. Beyers -1- DEFENDANTS'OTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION ("Defendants" ) each will and do hereby move this court as follows: For summary judgment on all of the claims asserted against each moving defendant by Wallace McCoy, individually. For summary judgment on all of the claims asserted against each moving defendant by Wallace McCoy, as trustee of the Wallace W. McCoy Trust. For summary judgment on all of the claims asserted against each moving defendant by Connie McCoy. Each moving defendant is separately making these motions with respect to the claims against him or it. The motions have been included in a single set of moving papers for purposes 10 of economy and efficiency pursuant to the direction and approval of the Court at the recent ex parte hearing. 8 12 Defendants move in the alternative for summary adjudication in favor of defendants on O ~ cu 13 each of the three causes of action asserted against the defendants. Each moving defendant is Ok Ok gg eC 14 separately making these motions with respect to the claims against him or it. The motions have 0 0 0 been included in a single setof moving papers for purposes of economy and efficiency pursuant UWcR CC to the direction and approval of the Court at the recent ex parte hearing. 17 These motions are made on the ground that the evidence of undisputed facts submitted with these motions by defendants establishes that there is no merit to any of the plaintiffs'laims and causes of action. 20 These motions are based on the Separate Statement Of Undisputed Facts, Memorandum 21 of Points and Authorities and Declarations filed by Defendants herewith; the exhibits lodged 22 with Defendants'otice of Lodgment; the record and files in this case; and such other oral or 23 documentary evidence as may be presented at the time of the hearing on this motion. 24 Dated: June 26, 2015 GO 25 By: 26 Richard R. Spirra Attorneys for Defendant 27 Ambature, Inc., Douglas James Gilbert, and Joseph W. Beyers -2- DEFENDANTS'OTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT AND/OR SUMMARY ADJUDICATION