Ntc Of Mtn And Mtn For Judgment On The Pleadings; Req. For Judicial Ntc; Compendium Of Non-California Authorities
Set for hearing on Wednesday, September 3, 2008, line 4, DEFENDANTS CHARLES HURWITZ AND MAXXAM INC.'S Motion For Judgment On The Pleadings.
The Court declines to take judicial notice of the documents requested by defendants. Although defendants insist that the facts supporting the alleged fraud are disclosed in Exhibits A and B, defendants do not point to specific pages in the lengthy exhibit that sets forth the facts upon which defendants rely.
The Court is inclined to grant judgment on the pleadings based on the decision in People ex rel. Gallegos v. Pacific Lumber Co. (2008) 158 Cal.Ap.4th 950. That decision holds that the Noerr-Pennington doctrine is applicable to defendants' submission of the Sustained Yield Plan ("SPY") to the State. Gallegos addressed another part of the plan, but in Gallegos, defendants also were charged with using improper tactics to obtain perm
Hearing Date
September 03, 2008
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Ntc Of Mtn And Mtn For Judgment On The Pleadings; Req. For Judicial Ntc; Compendium Of Non-California Authorities
Set for hearing on Wednesday, September 3, 2008, line 4, DEFENDANTS CHARLES HURWITZ AND MAXXAM INC.'S Motion For Judgment On The Pleadings.
The Court declines to take judicial notice of the documents requested by defendants. Although defendants insist that the facts supporting the alleged fraud are disclosed in Exhibits A and B, defendants do not point to specific pages in the lengthy exhibit that sets forth the facts upon which defendants rely.
The Court is inclined to grant judgment on the pleadings based on the decision in People ex rel. Gallegos v. Pacific Lumber Co. (2008) 158 Cal.Ap.4th 950. That decision holds that the Noerr-Pennington doctrine is applicable to defendants' submission of the Sustained Yield Plan ("SPY") to the State. Gallegos addressed another part of the plan, but in Gallegos, defendants also were charged with using improper tactics to obtain perm