Preview
1 BOUTIN JONES INC.
Maralee MacDonald SBN 208699
2 Kelley M. Lincoln SBN 221467
ENDORSED
\
Gabrielle D. Boutin SBN 267308
3 555 Capitol Mall, Suite 1500 20nOCT-3 Pfl 2:01,
Sacramento, CA 95814-4603
4 Tel. (916) 321-4444 '^^r^PT^S.
OfcPI #53 C
Fax (916) 441-7597
OURTS
#54
5
Attorneys for Defendant and Cross-Complainant
6 Alka Jain, Personal Representative of the Estate of Satya Paul Jain
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SACRAMENTO
10
11 RAVINDER K. JAIN, an individual. Case No.: 34-2009-00043502
12 NOTICE OF MOTION AND MOTION TO
Plaintiff DISSOLVE PRELIMINARY INJUNCTION
13 vs.
Date: October 26, 2011
14 Time: 9:00 a.m.
ALKA JAIN, as Personal Representative Dept.: 54
15 of THE ESTATE OF SATYA PAUL Judge: Shelleyanne W.L. Chang
JAIN, and S. JAIN & R. JAIN, a
16 Partnership,
17 Defendants.
18
ALKA JAfN, as Personal Representative Date action filed: May 6, 2009
19 of THE ESTATE OF SATYA PAUL Trial date: December 5, 2011
JAIN,
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Cross-Complainant,
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V.
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RAVINDER K. JAIN, an individual, and
23 ROES 1-50, inclusive,
24 Cross-Defendants.
25
26 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
27 NOTICE IS HEREBY GIVEN that on October 26, 2011, at 9:00 a.m., or as soon thereafter as
28 the matter may be heard in Department 54 of this court located at 800 Ninth Street, Sacramento, CA
NOTICE OF MOTION AND MOTION TO DISSOLVE
PRELIMINARY INJUNCTION
430766.1
1
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95814, Defendant and Cross-Complainant Alka Jain, as Personal Representative of the Estate of
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Satya Paul Jain, will and hereby does move this Court, pursuant to the provisions of Code of Civil
3
Procedure section 533, for an order dissolving the preliminary injunction in this matter issued on
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September 15, 2010 and modified on November 1, 2010. This motion is made on the grounds that
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material changes in fact have occurred since the Court's entry of the preliminary injunction and the
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ends ofjustiee are served by dissolution of the preliminary injunction. More particularly, Satya Paul
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Jain passed away earlier this year, leaving plaintiff Ravinder Jain as sole partner authorized to wind
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up the partnership dissolved as a result of Satya Paul Jain's death, iind funds that were to be held in a
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separate bank account or bonded in order to be preserved are now in plaintiffs control as the sole
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surviving partner winding up the partnership. Further, plaintiff closed the partnership store, so no
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further partnership income is being generated.
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The motion will be based on this Notice of Motion and Motion, the Memorandum of Points
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and Authorities, the Declaration of Maralee MacDonald, and the Declaration of Alka Jain, served and
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fded herewith, and upon all the pleadings, recordings and papers on file in this action, and any fiirther
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evidence and argument that the Court may receive at or before the hearing.
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Pursuant to Local Rule 3.04, the court will make a tentative ruling on the merits of this matter
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by 2:00 p.m., the court day before the hearing. You may access and download the court's ruling from
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the court's Web site. If you do not have online access, you may obtain the tentative ruling over the
19
telephone by calling 916-874-8142 and a deputy clerk will read the ruling to you. If you wish to
20
request oral argument, you must contact the courtroom clerk at 916-874-7858 (Department 53) or
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22 916-874-7848 (Department 54) and the opposing party before 4:00 p.m. the court day before the
23 hearing. If you do not call the court and the opposing party by 4:00 p.m. on the court day before the
24 hearing, no hearing will be held.
25 Dated: October 3, 2011 BOUTIN JONES INC.
By:
26 Maralee MacDonald
KelWy M. Lincoln
27 Gabrielle D. Boutin
Attorneys for Alka Jain, Personal Representative of
28 the Estate of Satya F'aul Jain
-2 -
NOTICE OF MOTION AND MOTION TO DISSOLVE
PRELIMINARY INJUNCTION
430766.1
I
PROOF OF SERVICE
o
2 [CCP §1013,1013a]
Ravinder Jain v. Satya Paul Jain, et al.
3
Sacramento County Superior Court Case No. 34-2009-00043502
4 The undersigned declares:
5 I am employed in the County of Sacramento, State of Califomia. I am over the age of 18
years and not a party to the within action; I am employed by Boutin Jones Inc., 555 Capitol Mall,
6 Suite 1500, Sacramento, Califomia 95814-4603.
7 On this date I served the foregoing document described as:
8 NOTICE OF MOTION AND MOTION TO DISSOLVE PRIELlMlNARY INJUNCTION
9
10 on all parties in said action by causing a true copy thereof to be
11 [ ] Transmitted Via Facsimile to the fax number set forth below before 5:00 p.m. on this
date
12 [ ] Placed in a sealed envelope with postage thereon fully prepaid in the designated area
for outgoing mail, as indicated below.
13 pC] Personally delivered by COURIER to the address set forth below.
[ ] Delivered personally to the address set forth below
14 [ ] Sent Via Ovemight Delivery by depositing in/at the appropriate facility for said
service
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addressed to the person(s) on whom it is to be served, whose name(s) and address(es) are listed
16 below:
17 Ryan Wood Kevin M. Seibert
Downey Brand LLP Downey Brand LLP
18 621 Capitol Mall, 18th Floor 3425 Brookside Road, Ste A,
Sacramento, CA 95814 Stockton, CA 95219-1757
19
I declare under penalty of perjury under the laws of the State of Califomia that the foregoing
20 is tme and correct.
21 EXECUTED on October 3, 2011, at Sacramento, Califomia.
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NOTICE OF MOTION AND MOTION TO DISSOLVE
PRELIMFNARY rNJUNCTlON
430766.1
Preview
1 BOUTIN JONES INC. Maralee MacDonald SBN 208699 2 Kelley M. Lincoln SBN 221467 ENDORSED \ Gabrielle D. Boutin SBN 267308 3 555 Capitol Mall, Suite 1500 20nOCT-3 Pfl 2:01, Sacramento, CA 95814-4603 4 Tel. (916) 321-4444 '^^r^PT^S. OfcPI #53 C Fax (916) 441-7597 OURTS #54 5 Attorneys for Defendant and Cross-Complainant 6 Alka Jain, Personal Representative of the Estate of Satya Paul Jain 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 11 RAVINDER K. JAIN, an individual. Case No.: 34-2009-00043502 12 NOTICE OF MOTION AND MOTION TO Plaintiff DISSOLVE PRELIMINARY INJUNCTION 13 vs. Date: October 26, 2011 14 Time: 9:00 a.m. ALKA JAIN, as Personal Representative Dept.: 54 15 of THE ESTATE OF SATYA PAUL Judge: Shelleyanne W.L. Chang JAIN, and S. JAIN & R. JAIN, a 16 Partnership, 17 Defendants. 18 ALKA JAfN, as Personal Representative Date action filed: May 6, 2009 19 of THE ESTATE OF SATYA PAUL Trial date: December 5, 2011 JAIN, 20 Cross-Complainant, 21 V. 22 RAVINDER K. JAIN, an individual, and 23 ROES 1-50, inclusive, 24 Cross-Defendants. 25 26 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 27 NOTICE IS HEREBY GIVEN that on October 26, 2011, at 9:00 a.m., or as soon thereafter as 28 the matter may be heard in Department 54 of this court located at 800 Ninth Street, Sacramento, CA NOTICE OF MOTION AND MOTION TO DISSOLVE PRELIMINARY INJUNCTION 430766.1 1 1^ 95814, Defendant and Cross-Complainant Alka Jain, as Personal Representative of the Estate of 2 Satya Paul Jain, will and hereby does move this Court, pursuant to the provisions of Code of Civil 3 Procedure section 533, for an order dissolving the preliminary injunction in this matter issued on 4 September 15, 2010 and modified on November 1, 2010. This motion is made on the grounds that 5 material changes in fact have occurred since the Court's entry of the preliminary injunction and the 6 ends ofjustiee are served by dissolution of the preliminary injunction. More particularly, Satya Paul 7 Jain passed away earlier this year, leaving plaintiff Ravinder Jain as sole partner authorized to wind 8 up the partnership dissolved as a result of Satya Paul Jain's death, iind funds that were to be held in a 9 separate bank account or bonded in order to be preserved are now in plaintiffs control as the sole 10 surviving partner winding up the partnership. Further, plaintiff closed the partnership store, so no 11 further partnership income is being generated. 12 The motion will be based on this Notice of Motion and Motion, the Memorandum of Points 13 and Authorities, the Declaration of Maralee MacDonald, and the Declaration of Alka Jain, served and 14 fded herewith, and upon all the pleadings, recordings and papers on file in this action, and any fiirther 15 evidence and argument that the Court may receive at or before the hearing. 16 Pursuant to Local Rule 3.04, the court will make a tentative ruling on the merits of this matter 17 by 2:00 p.m., the court day before the hearing. You may access and download the court's ruling from 18 the court's Web site. If you do not have online access, you may obtain the tentative ruling over the 19 telephone by calling 916-874-8142 and a deputy clerk will read the ruling to you. If you wish to 20 request oral argument, you must contact the courtroom clerk at 916-874-7858 (Department 53) or 21 22 916-874-7848 (Department 54) and the opposing party before 4:00 p.m. the court day before the 23 hearing. If you do not call the court and the opposing party by 4:00 p.m. on the court day before the 24 hearing, no hearing will be held. 25 Dated: October 3, 2011 BOUTIN JONES INC. By: 26 Maralee MacDonald KelWy M. Lincoln 27 Gabrielle D. Boutin Attorneys for Alka Jain, Personal Representative of 28 the Estate of Satya F'aul Jain -2 - NOTICE OF MOTION AND MOTION TO DISSOLVE PRELIMINARY INJUNCTION 430766.1 I PROOF OF SERVICE o 2 [CCP §1013,1013a] Ravinder Jain v. Satya Paul Jain, et al. 3 Sacramento County Superior Court Case No. 34-2009-00043502 4 The undersigned declares: 5 I am employed in the County of Sacramento, State of Califomia. I am over the age of 18 years and not a party to the within action; I am employed by Boutin Jones Inc., 555 Capitol Mall, 6 Suite 1500, Sacramento, Califomia 95814-4603. 7 On this date I served the foregoing document described as: 8 NOTICE OF MOTION AND MOTION TO DISSOLVE PRIELlMlNARY INJUNCTION 9 10 on all parties in said action by causing a true copy thereof to be 11 [ ] Transmitted Via Facsimile to the fax number set forth below before 5:00 p.m. on this date 12 [ ] Placed in a sealed envelope with postage thereon fully prepaid in the designated area for outgoing mail, as indicated below. 13 pC] Personally delivered by COURIER to the address set forth below. [ ] Delivered personally to the address set forth below 14 [ ] Sent Via Ovemight Delivery by depositing in/at the appropriate facility for said service 15 addressed to the person(s) on whom it is to be served, whose name(s) and address(es) are listed 16 below: 17 Ryan Wood Kevin M. Seibert Downey Brand LLP Downey Brand LLP 18 621 Capitol Mall, 18th Floor 3425 Brookside Road, Ste A, Sacramento, CA 95814 Stockton, CA 95219-1757 19 I declare under penalty of perjury under the laws of the State of Califomia that the foregoing 20 is tme and correct. 21 EXECUTED on October 3, 2011, at Sacramento, Califomia. 22 23 24 25 26 27 28 -3- NOTICE OF MOTION AND MOTION TO DISSOLVE PRELIMFNARY rNJUNCTlON 430766.1