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 Electronically Filed
Dustin J. Dyer SBN 274308 1/27/2020 11:24 AM
DYER LAW FIRM Superior Court of California
5250 Claremont Ave., Ste. 119 County of Stanislaus
Stockton, CA 95207
.bbJN
Clerk of the Court
Telephone: (209) 472—3668 By: Nicole Nelson, Deputy
Facsimile (209) 472-3675
Email: ddyer@dyerlawrm.com
$60 PD
Attorneys for Plaintiff, CAPITAL EQUITY $30 NOT PD
MANAGEMENT GROUP, INC.
\DOONONUI
SUPERIOR COURT OF THE STATE OF CALIFORNIA,
IN AND FOR THE COUNTY OF STANISLAUS
10 Case No.: 2023519
CAPITAL EQUITY MANAGEMENT
11 GROUP, INC.
12 Plaintiffs,
NOTICE 0F MOTION AND MOTION
FOR ABATEMENT OF THE CURRENT
VS.
ACTION UNTIL DETERMINATION OF
13
STEVEN. A. SWANGER; KENNETH A. STANISLAUS SUPERIOR COURT CASE
SWANGER; BRENDA GILLUM; SWAN No.: 2009158
14
CONSTRUCTION; SWAN INVESTMENTS,
15
INC; SWANGER PROPERTIES. LLC; Date: February 20, 2020
NORTHERN CALIFORNIA INVESTMENTS, .
T‘me‘ 8‘30 AM
LR; NORCAL REDEVELOPMENT CORP;
16
CASTLEBERRY, GEORGE De?“ 21
RICHARD Tm" date‘ N0“
17 CASTLEBERRY; MARK TILLOTSON,
RICHARD NORTHCUTT and DOES 1 TO
18 100, inclusive,
19 Defendants
20
21 TO ALL PARTIES AND THEIR ATTORNEY’S OF RECORD:
22 YOU ARE HEREBY NOTIFIED THAT on February 20, 2020 at 8:30 a.m.. in Department
21 of the above-entitled Court, located at 800 11th Street, Modesto, CA 95354, Plaintiff CAPITAL
23
24 EQUITY MANAGEMENT GROUP, NC. (“CEMG”) will and hereby does move this Court for an
of the current action until determination of the Stanislaus Superior Court Case
25 order for abatement
26 No. 20091 58.
Said motion will be made on the authority of California Code of Civil Procedure Sections
27
“Courts have inherent equity,
28 128 et seq.; 597 et seq. and related statutes which state in pertinent part
1
NOTICE OF MOTION AND MOTION FOR ABATEMENT
supervisory and administrative powers as well as inherent power to control litigation before them.
derived from the state Constitution and are not conned by or
Inherent powers of the court are
statute” (Cattle v. Superior Court, (1962) 3 Cal. App. 4th 1367, 1377 (Internal cites
dependent on
UI-RUJN
omitted))
This Motion is based on this Notice of Motion and Motion, the accompanying Memorandum
all
of Points and Authorities, Declaration of Dustin J. Dyer (including the exhibits attached thereto),
served concurrently herewith, on all pleadings and records on le in this
of which are led and
action,
\OWNQ
on any Reply Briefs, if necessary, and upon such oral or documentary evidence as may be
presented at the hearing of this matter.
10 PLEASE TAKE FURTHER NOTICE that, pursuant to Local Rule 301(C), on the court day
the next day’s
11 before the scheduled hearing, the Court will issue a tentative ruling on each matter on
The tentative rulings will be available beginning at 1:30pm by logging on to the Court’s
12 calendar.
www.stanct.org. The tentative ruling shall become the ruling of the Court unless there is
13 website,
14 opposition by counsel. Counsel is responsible for reviewing the tentative ruling and notifying the
15 Superior Court by calling (209) 530-3162 and all other counsel no later than 4:00pm on the day
preceding the scheduled hearing identifying his or her intent to appear at the hearing to argue the
16
17 tentative ruling.
18
19
20
21
22
Dated: January 22, 2020
By: ,///
DYER LAW FI'u
Dustin”. Dyer/
Attorneys for Plaintiff, CAPITAL EQUITY
MANAGEMENT GROUP, INC.
23
24
25
26
27
28
2
NOTICE OF; MOTION AND MOTION FOR ABATEMENT
Document Filed Date
February 20, 2020
Case Filing Date
February 03, 2017
Category
Fraud: Unlimited
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Michael J. Dyer SBN 109297 Electronically Filed Dustin J. Dyer SBN 274308 1/27/2020 11:24 AM DYER LAW FIRM Superior Court of California 5250 Claremont Ave., Ste. 119 County of Stanislaus Stockton, CA 95207 .bbJN Clerk of the Court Telephone: (209) 472—3668 By: Nicole Nelson, Deputy Facsimile (209) 472-3675 Email: ddyer@dyerlawrm.com $60 PD Attorneys for Plaintiff, CAPITAL EQUITY $30 NOT PD MANAGEMENT GROUP, INC. \DOONONUI SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR THE COUNTY OF STANISLAUS 10 Case No.: 2023519 CAPITAL EQUITY MANAGEMENT 11 GROUP, INC. 12 Plaintiffs, NOTICE 0F MOTION AND MOTION FOR ABATEMENT OF THE CURRENT VS. ACTION UNTIL DETERMINATION OF 13 STEVEN. A. SWANGER; KENNETH A. STANISLAUS SUPERIOR COURT CASE SWANGER; BRENDA GILLUM; SWAN No.: 2009158 14 CONSTRUCTION; SWAN INVESTMENTS, 15 INC; SWANGER PROPERTIES. LLC; Date: February 20, 2020 NORTHERN CALIFORNIA INVESTMENTS, . T‘me‘ 8‘30 AM LR; NORCAL REDEVELOPMENT CORP; 16 CASTLEBERRY, GEORGE De?“ 21 RICHARD Tm" date‘ N0“ 17 CASTLEBERRY; MARK TILLOTSON, RICHARD NORTHCUTT and DOES 1 TO 18 100, inclusive, 19 Defendants 20 21 TO ALL PARTIES AND THEIR ATTORNEY’S OF RECORD: 22 YOU ARE HEREBY NOTIFIED THAT on February 20, 2020 at 8:30 a.m.. in Department 21 of the above-entitled Court, located at 800 11th Street, Modesto, CA 95354, Plaintiff CAPITAL 23 24 EQUITY MANAGEMENT GROUP, NC. (“CEMG”) will and hereby does move this Court for an of the current action until determination of the Stanislaus Superior Court Case 25 order for abatement 26 No. 20091 58. Said motion will be made on the authority of California Code of Civil Procedure Sections 27 “Courts have inherent equity, 28 128 et seq.; 597 et seq. and related statutes which state in pertinent part 1 NOTICE OF MOTION AND MOTION FOR ABATEMENT supervisory and administrative powers as well as inherent power to control litigation before them. derived from the state Constitution and are not conned by or Inherent powers of the court are statute” (Cattle v. Superior Court, (1962) 3 Cal. App. 4th 1367, 1377 (Internal cites dependent on UI-RUJN omitted)) This Motion is based on this Notice of Motion and Motion, the accompanying Memorandum all of Points and Authorities, Declaration of Dustin J. Dyer (including the exhibits attached thereto), served concurrently herewith, on all pleadings and records on le in this of which are led and action, \OWNQ on any Reply Briefs, if necessary, and upon such oral or documentary evidence as may be presented at the hearing of this matter. 10 PLEASE TAKE FURTHER NOTICE that, pursuant to Local Rule 301(C), on the court day the next day’s 11 before the scheduled hearing, the Court will issue a tentative ruling on each matter on The tentative rulings will be available beginning at 1:30pm by logging on to the Court’s 12 calendar. www.stanct.org. The tentative ruling shall become the ruling of the Court unless there is 13 website, 14 opposition by counsel. Counsel is responsible for reviewing the tentative ruling and notifying the 15 Superior Court by calling (209) 530-3162 and all other counsel no later than 4:00pm on the day preceding the scheduled hearing identifying his or her intent to appear at the hearing to argue the 16 17 tentative ruling. 18 19 20 21 22 Dated: January 22, 2020 By: ,/// DYER LAW FI'u Dustin”. Dyer/ Attorneys for Plaintiff, CAPITAL EQUITY MANAGEMENT GROUP, INC. 23 24 25 26 27 28 2 NOTICE OF; MOTION AND MOTION FOR ABATEMENT