On February 03, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Capital Equity Management Group Inc,
and
Brenda Gillum,
Carter, Mary Rose,
Carter, William Keith,
Castleberry, George,
Castleberry, Richard,
Clements, Jamee Lynn,
Clements, Rick,
George Castleberry,
Gillum, Brenda,
Jamee Lynn Clements,
Kenneth A Swanger,
Mark Tillotson,
Mary Rose Carter,
Norcal Redevelopment Corp,
Northcutt, Richard,
Northern California Investments Lp,
Richard Castleberry,
Richard Northcutt,
Rick Clements,
Steven A Swanger,
Swan Construction,
Swanger, Kenneth A,
Swanger Properties Llc,
Swanger, Steven A,
Swan Investments Inc,
Tillotson, Mark,
William Keith Carter,
for Fraud: Unlimited
in the District Court of Stanislaus County.
Preview
Michael J. Dyer SBN 109297
Dustin J. Dyer SBN 274308 Electronically Filed
DYER LAW FIRM 12/3/2019 4:26 PM
5250 Claremont Ave., Ste. 119 Superior Court of California
Stockton, CA 95207 County of Stanislaus
Attorney for Plaintiffs, CEMG Clerk of the Court
(209) 472-3668; FAX 472-3675 By: Christine Zulim, Deputy
Email: ddyer@dyerlawfirm.com
$20 PAID
Attorneys for Plaintiff, CAPITAL EQUITY
MANAGEMENT GROUP, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA,
IN AND FOR THE COUNTY OF STANISLAUS
CAPITAL EQUITY MANAGEMENT Case No.: 2023519
10
GROUP. INC.
11 STIPULATION AND [PROPOSED] ORDER
Plaintiffs,
REGARDING ALL MOTIONS AND
12 vs. PROSPECTIVE MOTIONS CURRENTLY
SET FOR DECEMBER 10, 2019
13 STEVEN. A. SWANGER; KENNETH A.
SWANGER; BRENDA GILLUM; RICK (UNLIMITED CIVIL CASE]
14 CLEMENTS: SWAN CONSTRUCTION;
SWAN INVESTMENTS, INC.; SWANGER FAX FILED
15 PROPERTIES, LLC; NORTHERN
CALIFORNIA INVESTMENTS, L.P.; |
16 NORCAL REDEVELOPMENT CORP.;
RICHARD CASTLEBERRY,. GEORGE
17 CASTLEBERRY; MARK TILLOTSON,
RICHARD NORTHCUTT and DOES 1 TO
18 100, inclusive,
19 Defendants
20 On December 6, 2017, in Department 21 of the above-entitled Court, a hearing was held
21 on Plaintiff's ex parte application for abatement of the current action pending the determination
22 of Stanislaus Superior Court Case No: 2009158 (the “2014 Litigation”). As a result of the
23 hearing, the Court ordered the following:
24 1) All demurrers currently pending in the present litigation are continued to February
25 28, 2018 at 8:30am in Dept. 21 of the Stanislaus Superior Court.
1
STIPULATION AND ORDER
2) Plaintiff's deadline to file an opposition to the pending demurrers shall be calculated
in accordance with California Code of Civil Procedure and shall run from the new
hearing date of February 28, 2018.
i
3 Defendants’ deadline to file a reply to the pending demurrers shall be calculated in
accordance with California Code of Civil Procedure and shall run from the new
hearing date of February 28, 2018.
4) If Plaintiff choses to file a motion for abatement, it shall be filed on regular time in
accordance with the California Code of Civil Procedure with the hearing date of
February 28, 2018 at 8:30am in Dept. 21 of the Stanislaus Superior Court
10 In February of 2018, the parties stipulated to continue the hearings to May 15, 2018. The
11 hearings were continued to August 16, 2018. The hearings were continued to October 31, 2018.
12 The hearings were continued to January 9, 2019. The hearings were continued to April 3, 2019.
13 The hearings were continued again to July 2, 2019. The hearings were continued again to
14 October 8, 2019. The hearings were continued again to December 10, 2019. There are still issues
15 between the parties which require the current motions to be continued. As a result, it is hereby
16 stipulated, by and between the parties through their respective counsel, as follows:
17 1) All demurrers currently pending in the present litigation are continued to February
18 20, 2020 at 8:30am in Dept. 21 of the Stanislaus Superior Court.
19 2 ) Plaintiff's deadline to file an opposition to the pending demurrers shall be calculated
20 in accordance with California Code of Civil Procedure and shall run from the new
21 hearing date of February 20, 2020.
22 3) Defendants’ deadline to file a reply to the pending demurrers shall be calculated in
23 accordance with California Code of Civil Procedure and shall run from the new
24 hearing date of February 20, 2020.
25
2
STIPULATION AND ORDER
4) If Plaintiff choses to file a motion for abatement, it shall be filed on regular time in
accordance with the California Code of Civil Procedure with the hearing date of
February 20, 2020 at 8:30am in Dept. 21 of the Stanislaus Superior Court
IT IS SO STIPULATED
Dated: November & “2619 BENBROOK LAW GROUP, PC
ieee
BY.
LEY BENBROOK
STEPHEN DUVERANY
10 ATTORNEYS FOR BRENDA
GILLUM
A
12
Dated: November___, 2019 KDH LAW
13
14
15
BY:
16 KURT D. HENDRICKSON
ATTORNEYS FOR SWANGER,
AT: ETC, DEFENDANTS
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19 Dated: November _ , 2019 BRUNN & FLYNN
20
21
BY:
MAHANVIR SAHOTA
ATTORNEYS FOR
23 DEFENDANT TILLOTSON
24
28
3
STIPULATION AND ORDER
4) If Plaintiff choses to file a motion for abatement, it shall be filed on regular time in
accordance with the California Code of Civil Procedure with the hearing date of
February 20, 2020 at 8:30am in Dept. 21 of the Stanislaus Superior Court
IT IS SO STIPULATED
Dated: November__, 2019 BENBROOK LAW GROUP, PC
BY:
BRADLEY BENBROOK
10 STEPHEN DUVERANY
ATTORNEYS FOR BRENDA
11 GILLUM
12
13
Dated: November a, 2019 KDH LAW
14
15
18
wv hdd LL
KURT D. HENDRICKSON
ATTORNEYS FOR SWANGER,
AZ ETC, DEFENDANTS
18
19 Dated: November 22, 2019 BRUNN & FLYNN
20
21
BY:
22 MAHANVIR SAHOTA
23 ATTORNEYS FOR
DEFENDANT TILLOTSON
24
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STIPULATION AND ORDER
be slabs refine arienmoniolticns weeepeci eens
Dated: November if » 2019 WILLIAM H, PARISH, PC
BY: Lib £ Bude
WILLIAM PARISH
ATTORNEYS FOR
CASTLEBERRY DEFENDANTS
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42 ATTO) PNEYS FOR PLAINTIFE
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ROE AND ORDER
Dated: November , 2019 WILLIAM H. PARISH, PC
BY:
WILLIAM PARISH
ATTORNEYS FOR
CASTLEBERRY DEFENDANTS
Dated: November 7.2% 2019 DYER LAW FIRM
fee
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BY! =A
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11 D ER
DUSTIN J DYER
12 ATTO) R NEYS FOR PLAINTIFF
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STIPULATION AND ORDER
ORDER
All demurrers currently pending in the present litigation are continued to
Feb. 20 , 2020 at 8:30am in Dept. 21 of the Stanislaus Superior Court.
Plaintiffs deadline to file an opposition to the pending demurrers shall be calculated in
accordance with California Code of Civil Procedure and shall run from the new hearing date.
Defendants’ deadline to file a reply to the pending demurrers shall be calculated in
accordance with California Code of Civil Procedure and shall run from the new hearing date.
If Plaintiff choses to file a motion for abatement, it shall be filed on regular time in
accordance with the California Code of Civil Procedure with the hearing date of
10 Feb 20 ; 2020 at 8:30am in Dept. 21 of the Stanislaus Superior Court
11 The parties have mutually agreed not to conduct discovery in the present litigation while
12 the demurrers remain pending.
13 All other dates remain.
14
15 Dated: Dec. 3 - 2019
16 JUDGE OF THE SUPERIOR COURT
Marie Silveira
17
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20 Capital Equity v. Swanger, 2023519/mss
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STIPULATION AND ORDER
Preview
Michael J. Dyer SBN 109297 Dustin J. Dyer SBN 274308 Electronically Filed DYER LAW FIRM 12/3/2019 4:26 PM 5250 Claremont Ave., Ste. 119 Superior Court of California Stockton, CA 95207 County of Stanislaus Attorney for Plaintiffs, CEMG Clerk of the Court (209) 472-3668; FAX 472-3675 By: Christine Zulim, Deputy Email: ddyer@dyerlawfirm.com $20 PAID Attorneys for Plaintiff, CAPITAL EQUITY MANAGEMENT GROUP, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF STANISLAUS CAPITAL EQUITY MANAGEMENT Case No.: 2023519 10 GROUP. INC. 11 STIPULATION AND [PROPOSED] ORDER Plaintiffs, REGARDING ALL MOTIONS AND 12 vs. PROSPECTIVE MOTIONS CURRENTLY SET FOR DECEMBER 10, 2019 13 STEVEN. A. SWANGER; KENNETH A. SWANGER; BRENDA GILLUM; RICK (UNLIMITED CIVIL CASE] 14 CLEMENTS: SWAN CONSTRUCTION; SWAN INVESTMENTS, INC.; SWANGER FAX FILED 15 PROPERTIES, LLC; NORTHERN CALIFORNIA INVESTMENTS, L.P.; | 16 NORCAL REDEVELOPMENT CORP.; RICHARD CASTLEBERRY,. GEORGE 17 CASTLEBERRY; MARK TILLOTSON, RICHARD NORTHCUTT and DOES 1 TO 18 100, inclusive, 19 Defendants 20 On December 6, 2017, in Department 21 of the above-entitled Court, a hearing was held 21 on Plaintiff's ex parte application for abatement of the current action pending the determination 22 of Stanislaus Superior Court Case No: 2009158 (the “2014 Litigation”). As a result of the 23 hearing, the Court ordered the following: 24 1) All demurrers currently pending in the present litigation are continued to February 25 28, 2018 at 8:30am in Dept. 21 of the Stanislaus Superior Court. 1 STIPULATION AND ORDER 2) Plaintiff's deadline to file an opposition to the pending demurrers shall be calculated in accordance with California Code of Civil Procedure and shall run from the new hearing date of February 28, 2018. i 3 Defendants’ deadline to file a reply to the pending demurrers shall be calculated in accordance with California Code of Civil Procedure and shall run from the new hearing date of February 28, 2018. 4) If Plaintiff choses to file a motion for abatement, it shall be filed on regular time in accordance with the California Code of Civil Procedure with the hearing date of February 28, 2018 at 8:30am in Dept. 21 of the Stanislaus Superior Court 10 In February of 2018, the parties stipulated to continue the hearings to May 15, 2018. The 11 hearings were continued to August 16, 2018. The hearings were continued to October 31, 2018. 12 The hearings were continued to January 9, 2019. The hearings were continued to April 3, 2019. 13 The hearings were continued again to July 2, 2019. The hearings were continued again to 14 October 8, 2019. The hearings were continued again to December 10, 2019. There are still issues 15 between the parties which require the current motions to be continued. As a result, it is hereby 16 stipulated, by and between the parties through their respective counsel, as follows: 17 1) All demurrers currently pending in the present litigation are continued to February 18 20, 2020 at 8:30am in Dept. 21 of the Stanislaus Superior Court. 19 2 ) Plaintiff's deadline to file an opposition to the pending demurrers shall be calculated 20 in accordance with California Code of Civil Procedure and shall run from the new 21 hearing date of February 20, 2020. 22 3) Defendants’ deadline to file a reply to the pending demurrers shall be calculated in 23 accordance with California Code of Civil Procedure and shall run from the new 24 hearing date of February 20, 2020. 25 2 STIPULATION AND ORDER 4) If Plaintiff choses to file a motion for abatement, it shall be filed on regular time in accordance with the California Code of Civil Procedure with the hearing date of February 20, 2020 at 8:30am in Dept. 21 of the Stanislaus Superior Court IT IS SO STIPULATED Dated: November & “2619 BENBROOK LAW GROUP, PC ieee BY. LEY BENBROOK STEPHEN DUVERANY 10 ATTORNEYS FOR BRENDA GILLUM A 12 Dated: November___, 2019 KDH LAW 13 14 15 BY: 16 KURT D. HENDRICKSON ATTORNEYS FOR SWANGER, AT: ETC, DEFENDANTS 18 19 Dated: November _ , 2019 BRUNN & FLYNN 20 21 BY: MAHANVIR SAHOTA ATTORNEYS FOR 23 DEFENDANT TILLOTSON 24 28 3 STIPULATION AND ORDER 4) If Plaintiff choses to file a motion for abatement, it shall be filed on regular time in accordance with the California Code of Civil Procedure with the hearing date of February 20, 2020 at 8:30am in Dept. 21 of the Stanislaus Superior Court IT IS SO STIPULATED Dated: November__, 2019 BENBROOK LAW GROUP, PC BY: BRADLEY BENBROOK 10 STEPHEN DUVERANY ATTORNEYS FOR BRENDA 11 GILLUM 12 13 Dated: November a, 2019 KDH LAW 14 15 18 wv hdd LL KURT D. HENDRICKSON ATTORNEYS FOR SWANGER, AZ ETC, DEFENDANTS 18 19 Dated: November 22, 2019 BRUNN & FLYNN 20 21 BY: 22 MAHANVIR SAHOTA 23 ATTORNEYS FOR DEFENDANT TILLOTSON 24 26 3 STIPULATION AND ORDER be slabs refine arienmoniolticns weeepeci eens Dated: November if » 2019 WILLIAM H, PARISH, PC BY: Lib £ Bude WILLIAM PARISH ATTORNEYS FOR CASTLEBERRY DEFENDANTS yo Dated: nese 2% 2019 svg LAW FIRM 10 BY sooo 11 Miet oy TIN JO 42 ATTO) PNEYS FOR PLAINTIFE 13 14 15 18 17 18 19 20 24 22 23 24 25 ROE AND ORDER Dated: November , 2019 WILLIAM H. PARISH, PC BY: WILLIAM PARISH ATTORNEYS FOR CASTLEBERRY DEFENDANTS Dated: November 7.2% 2019 DYER LAW FIRM fee 10 BY! =A nHLana GED pe 11 D ER DUSTIN J DYER 12 ATTO) R NEYS FOR PLAINTIFF 13 14 15 16 17 18 19 20 21 22 23 24 25 4 STIPULATION AND ORDER ORDER All demurrers currently pending in the present litigation are continued to Feb. 20 , 2020 at 8:30am in Dept. 21 of the Stanislaus Superior Court. Plaintiffs deadline to file an opposition to the pending demurrers shall be calculated in accordance with California Code of Civil Procedure and shall run from the new hearing date. Defendants’ deadline to file a reply to the pending demurrers shall be calculated in accordance with California Code of Civil Procedure and shall run from the new hearing date. If Plaintiff choses to file a motion for abatement, it shall be filed on regular time in accordance with the California Code of Civil Procedure with the hearing date of 10 Feb 20 ; 2020 at 8:30am in Dept. 21 of the Stanislaus Superior Court 11 The parties have mutually agreed not to conduct discovery in the present litigation while 12 the demurrers remain pending. 13 All other dates remain. 14 15 Dated: Dec. 3 - 2019 16 JUDGE OF THE SUPERIOR COURT Marie Silveira 17 18 19 20 Capital Equity v. Swanger, 2023519/mss 21 22 23 24 25 5 STIPULATION AND ORDER