On February 03, 2017 a
Clerk Notice
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
{A.t,1;“:
610747133
GERALD E. BRUNN, SBN 107004 h
MAHANVIR S. SAHOTA, SBN 245501 r
LAW OFFICES OF BRUNN & FLYNN
Era
f" E
a
Em
.51:
EM D
J
A Professional Corporation
928 — 12th Street, Suite 200
Modesto, CA 95354 2911 APP. —LI P ,
12- 50
Telephone: (209) 521—2133 .
w . : .: a
Facsimile; (209) 521~7584 CLEESUQHHE‘FSéfihE‘SOL‘A‘EEURT
MARK 'I‘ILLO’PSON gm ”79WUH W "m’
Attorneys for Defendant,
W g
90/
SUPEREOR COURT 0F THE STATE 0F CALIFGRNIA
COUNTY OF STANISLAUS
10
ll CAPITOL EQUITY MANAGEMENT GROUP, Case N0. 2023519
INC.
12
Plaintiff, NOTICE 0F HEARING 0N
l3 DEMURRERS T0 COMPLAINT
l4
VS.
Date: May 23, 2017
/’
/
STEVEN A. SWANGER; KENNETH A.
15 SWANGER; BRENDA GILLUM; RICK
CLEMENTS; SWAN CONSTRUCTION;
Time:
Dept ;
8:30 a.m.
21 /
16 SWAN INVESTMENTS, INC; SWANGER
PROPERTIES, LLC; NORTHERN
17 CALIFORNIA YNVESTMENTS, L.P.;
NORCAL REDEVELOPMENT CORR;
13 RICHARD CASTLEBERRY; GEORGE
CASTLEBERRY; JAMIE LYNN CLEMENTS;
19 MARY ROSE CARTER; WILLIAM KEITH
CARTER; MARK TILLOTSON; RICHARD
20 NORTHCUT and DOES 1 TO 100, inclusive,
21 Defendants.
22
23 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
24 PLEASE TAKE NOTICE that 0n May 23, 2017 at 8:30 a.m., or as soon thereafter as the matter
25 may be heard in Department 21 0f the above-entitled court, located at 801 10‘“ Street, 4m Floor, Modesto,
26 California, 95204, the court will hear the demurrers t0 the complaint 0n file herein brought by defendant
27 MARK TILLOTS ON.
28
l
7- NOTICE 0F HEARING 0N DEMURRERS TO COMPLAINT
“winct‘;
640747138
Said demurrers will be based on the grounds that plaintiff has failed t0 allege facts sufficient to
constitute a cause of action as t0 its first, second, and sixth causes of action. Defendant further demurs 10
plaintiff’s sixth, cause of action on the grounds that its failsdue t0 uncertainty.
Said demurrers will be based on this notice, the accompanying demurrers, the memorandum of
points and authorities, 0n such matters of which the court may take judicial notice, on such authorities as
may be presented at the time 0f the hearing, and on such oral and documentary evidence as may be
presented at the time 0f the hearing.
Dated: April 4, 2017 LAW OFFICES OF BRUNN '
& FLYNN
A Professional Corpor
10
11 AHANVIR S. SAHOTA, i
Attorneys for Defendant, MARK TILLOTSON
12
13
l4
l5
l6
l7
18
19
20
21
22
23
24
25
26
38\p1eandings\demurrcrs-nolice
K:\docs\C/\SES\6407~17
I
27
28'
2
NOTICE 0F HEARING ON DEMURRERS TO COMPLAINT
c‘~—_:3'“
Ii
P1200}? 0F SERVICE
(C.C.P. §§1013a, 2015.5)
STATE 01? CALIFORNIA }
COUNTY 0F STANISLAUS }
ICINDY SMITH, declare that:
Iam employed in the County of Stanislaus, California. I am over the age of‘ eighteen
(I 8) years and
not a party to the within action. My business address is 928 12th‘Street, Suite 200, Modesto, California, 95354.
On April 4, 2017, I served the following document(s):
NOTICE OF HEARING 0N DEMURRERS TO COMPLAINT
by placing a true and correct copy thereof enclosed in a sealed envelope and served in the manner and/or
manners described below to each of the party(ies) addressed below:
Michael J. Dyer
10 Dustin J. Dyer
DYER LAW FIRM
11 5250 Claremont Ave., Ste. 119
Stockton, CA 95207
12 (209) 472-3668
'
(209) 472—3675 — Fax
l3 ddyerfifldyerlawfim’mom
l4 XXX BY MAIL: U.S. Postal Service byplacing such envelope(s) with postage thereon fully prepaid
in the designated area for out oing mail in accordance with this office‘s practice, whereby the
15 mail is deposited in a U.S. ailbox in the City 0f Modesto, California after the close 0f the
day’s business.
16
BY HAND DELIVERY: I caused said envelope(s) to be delivered by hand t0 the
l7 addressee(s) designated.
BY OVERNIGHT COURIER SERVICE: Icaused said envempe(s) to be delivered via
18 overnight courier service to the addressee(s) designated.
19 BY FACSIMILE: I caused said document(s) t0 be transmitted to the telephone number(s)
of the addressee(s) designated above.
20
BY ELECTRONIC MAIL: I caused said document(s) to be transmitted electronically t0
21 the addressee(s) designated above.
22 Ideclare under penalty of perjury under the laws ofthe State 0f California that the foregoing is true
and correct.
23
Executed 0n April 4, 2017 at Modesto, California.
24
25
26 CTN YS TH
27
28
I
PROOF 0F SERVICE
r'fi‘
r
““
Stani: 130.2 llounty Su.periur Lourt
E'iwil Diwis1on
EDI 10th Street, 4th Floor
Modesto, C9 95354
$$$ Duplicate $11
Ticketfi 53-00247113 User: gSE
4E4EEUIT 12:51 PH Statirn: CVUIE
Fee rode Dty Prlue Total
De ptinn
13601335 1 $435 .013 4'55.1210
UHLHTD 9H3 $435
Case 28235 9
EHUEDE 1 $3 U. UU 30.60
3F"JPT REPORTING 3"“2:3$3U
[$2511 J'r'SSl’?
7‘!
Subtotal 465.00
Tax D.Gfl
Tatal 465.80
Tender:
Check 465.FU
#1060?
10609
Number of items ;»U:H-hwe rq
BRUHH & FLTE{H
938 12 -.treet '3
Modestn, CH 95354 HS
“HQIzIL133
_TMnkTw.
Preview
{A.t,1;“: 610747133 GERALD E. BRUNN, SBN 107004 h MAHANVIR S. SAHOTA, SBN 245501 r LAW OFFICES OF BRUNN & FLYNN Era f" E a Em .51: EM D J A Professional Corporation 928 — 12th Street, Suite 200 Modesto, CA 95354 2911 APP. —LI P , 12- 50 Telephone: (209) 521—2133 . w . : .: a Facsimile; (209) 521~7584 CLEESUQHHE‘FSéfihE‘SOL‘A‘EEURT MARK 'I‘ILLO’PSON gm ”79WUH W "m’ Attorneys for Defendant, W g 90/ SUPEREOR COURT 0F THE STATE 0F CALIFGRNIA COUNTY OF STANISLAUS 10 ll CAPITOL EQUITY MANAGEMENT GROUP, Case N0. 2023519 INC. 12 Plaintiff, NOTICE 0F HEARING 0N l3 DEMURRERS T0 COMPLAINT l4 VS. Date: May 23, 2017 /’ / STEVEN A. SWANGER; KENNETH A. 15 SWANGER; BRENDA GILLUM; RICK CLEMENTS; SWAN CONSTRUCTION; Time: Dept ; 8:30 a.m. 21 / 16 SWAN INVESTMENTS, INC; SWANGER PROPERTIES, LLC; NORTHERN 17 CALIFORNIA YNVESTMENTS, L.P.; NORCAL REDEVELOPMENT CORR; 13 RICHARD CASTLEBERRY; GEORGE CASTLEBERRY; JAMIE LYNN CLEMENTS; 19 MARY ROSE CARTER; WILLIAM KEITH CARTER; MARK TILLOTSON; RICHARD 20 NORTHCUT and DOES 1 TO 100, inclusive, 21 Defendants. 22 23 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 24 PLEASE TAKE NOTICE that 0n May 23, 2017 at 8:30 a.m., or as soon thereafter as the matter 25 may be heard in Department 21 0f the above-entitled court, located at 801 10‘“ Street, 4m Floor, Modesto, 26 California, 95204, the court will hear the demurrers t0 the complaint 0n file herein brought by defendant 27 MARK TILLOTS ON. 28 l 7- NOTICE 0F HEARING 0N DEMURRERS TO COMPLAINT “winct‘; 640747138 Said demurrers will be based on the grounds that plaintiff has failed t0 allege facts sufficient to constitute a cause of action as t0 its first, second, and sixth causes of action. Defendant further demurs 10 plaintiff’s sixth, cause of action on the grounds that its failsdue t0 uncertainty. Said demurrers will be based on this notice, the accompanying demurrers, the memorandum of points and authorities, 0n such matters of which the court may take judicial notice, on such authorities as may be presented at the time 0f the hearing, and on such oral and documentary evidence as may be presented at the time 0f the hearing. Dated: April 4, 2017 LAW OFFICES OF BRUNN ' & FLYNN A Professional Corpor 10 11 AHANVIR S. SAHOTA, i Attorneys for Defendant, MARK TILLOTSON 12 13 l4 l5 l6 l7 18 19 20 21 22 23 24 25 26 38\p1eandings\demurrcrs-nolice K:\docs\C/\SES\6407~17 I 27 28' 2 NOTICE 0F HEARING ON DEMURRERS TO COMPLAINT c‘~—_:3'“ Ii P1200}? 0F SERVICE (C.C.P. §§1013a, 2015.5) STATE 01? CALIFORNIA } COUNTY 0F STANISLAUS } ICINDY SMITH, declare that: Iam employed in the County of Stanislaus, California. I am over the age of‘ eighteen (I 8) years and not a party to the within action. My business address is 928 12th‘Street, Suite 200, Modesto, California, 95354. On April 4, 2017, I served the following document(s): NOTICE OF HEARING 0N DEMURRERS TO COMPLAINT by placing a true and correct copy thereof enclosed in a sealed envelope and served in the manner and/or manners described below to each of the party(ies) addressed below: Michael J. Dyer 10 Dustin J. Dyer DYER LAW FIRM 11 5250 Claremont Ave., Ste. 119 Stockton, CA 95207 12 (209) 472-3668 ' (209) 472—3675 — Fax l3 ddyerfifldyerlawfim’mom l4 XXX BY MAIL: U.S. Postal Service byplacing such envelope(s) with postage thereon fully prepaid in the designated area for out oing mail in accordance with this office‘s practice, whereby the 15 mail is deposited in a U.S. ailbox in the City 0f Modesto, California after the close 0f the day’s business. 16 BY HAND DELIVERY: I caused said envelope(s) to be delivered by hand t0 the l7 addressee(s) designated. BY OVERNIGHT COURIER SERVICE: Icaused said envempe(s) to be delivered via 18 overnight courier service to the addressee(s) designated. 19 BY FACSIMILE: I caused said document(s) t0 be transmitted to the telephone number(s) of the addressee(s) designated above. 20 BY ELECTRONIC MAIL: I caused said document(s) to be transmitted electronically t0 21 the addressee(s) designated above. 22 Ideclare under penalty of perjury under the laws ofthe State 0f California that the foregoing is true and correct. 23 Executed 0n April 4, 2017 at Modesto, California. 24 25 26 CTN YS TH 27 28 I PROOF 0F SERVICE r'fi‘ r ““ Stani: 130.2 llounty Su.periur Lourt E'iwil Diwis1on EDI 10th Street, 4th Floor Modesto, C9 95354 $$$ Duplicate $11 Ticketfi 53-00247113 User: gSE 4E4EEUIT 12:51 PH Statirn: CVUIE Fee rode Dty Prlue Total De ptinn 13601335 1 $435 .013 4'55.1210 UHLHTD 9H3 $435 Case 28235 9 EHUEDE 1 $3 U. UU 30.60 3F"JPT REPORTING 3"“2:3$3U [$2511 J'r'SSl’? 7‘! Subtotal 465.00 Tax D.Gfl Tatal 465.80 Tender: Check 465.FU #1060? 10609 Number of items ;»U:H-hwe rq BRUHH & FLTE{H 938 12 -.treet '3 Modestn, CH 95354 HS “HQIzIL133 _TMnkTw.