General Electric Capital Corporation et al v. Ten Forward Dining, Inc. et al
Filing
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STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 06/02/11 ORDERING that dft Key Real Estate Equity Capital, Inc. is DISMISSED w/o prejudice. KREEC has agreed to a waiver of all fees and costs against plfs and not seek any action relating thereto. (Benson, A.)
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J. David Bournazian (State Bar No.: 186194)
KUTAK ROCK LLP
Suite 1100
18201 Von Karman
Irvine, CA 92612
Telephone: (949) 417-0999
Facsimile: (949) 417-5394
Attorneys for Plaintiffs
GENERAL ELECTRIC CAPITAL
CORPORATION, CEF FUNDING II, L.L.C.
and CEF FUNDING V, LLC
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO
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GENERAL ELECTRIC CAPITAL
CORPORATION; CEF FUNDING II,
L.L.C. and CEF FUNDING V, LLC,
Plaintiffs,
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v.
TEN FORWARD DINING, INC.;
DELIGHTFUL DINING, INC.; TGIA
RESTAURANTS, INC.; KOBRA
RESTAURANT PROPERTIES, L.L.C.;
ABOLGHASSEM ALIZADEH; THE
MECHANICS BANK; EQUITY
LENDERS, LLC; APEX PROPERTY
ADVISORS INC.; KEY REAL ESTATE
EQUITY CAPITAL, INC.; COUNTY
OF SACRAMENTO DEPARTMENT
OF PUBLIC WORKS
ADMINISTRATION; STATE OF
CALIFORNIA EMPLOYMENT
DEVELOPMENT DEPARTMENT;
UNITED STATES OF AMERICA;
CITY OF CITRUS HEIGHTS; CITY OF
ELK GROVE; CITY OF REDDING;
CITY OF GRASS VALLEY; COUNTY
OF PLACER; COUNTY OF
SACRAMENTO; COUNTY OF
SHASTA; COUNTY OF NEVADA, and
DOES 1 – 100, INCLUSIVE,
Case No. 2:09-cv-03296-FCD-EFB
Assigned to Judge:
Hon. Frank C. Damrell, Jr.
Assigned to Magistrate:
Hon. Edmund F. Brennan
STIPULATION TO DISMISS,
WITHOUT PREJUDICE,
DEFENDANT KEY REAL
ESTATE EQUITY CAPITAL,
INC.; ORDER
Complaint Filed on: Nov. 25, 2009
Defendants.
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K UTAK R OCK LLP
ATTORNEYS AT LAW
IR VI NE
STIPULATION TO DISMISS DEFENDANT KEY REAL ESTATE EQUITY CAPITAL, INC.;
ORDER
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Plaintiffs General Electric Capital Corporation; CEF Funding II, L.L.C. and
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CEF Funding V, LLC (“Plaintiffs”), on the one hand, and Defendant Key Real
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Estate Equity Capital, Inc. (“KREEC”), on the other hand, (collectively Plaintiffs
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and KREEC are referred to as, the “Parties”) by and through their respective
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attorneys of record, HERBY STIPULATE
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FOLLOWING:
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1.
AND AGREE UPON THE
On November 25, 2009, Plaintiffs initiated this lawsuit by filing a
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Complaint for Damages and Injunctive Relief (“Complaint”) against various
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defendants, including KREEC.
In the Complaint, Plaintiffs allege that KREEC
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may have or asserts an interest in the real and personal properties at issue in this
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lawsuit.
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2.
Based on information currently available to Plaintiffs, it appears
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KREEC is not a proper party to this lawsuit. KREEC represents and warrants that
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it has assigned any and all of its interests in the real and personal properties at issue
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in this lawsuit pursuant to an assignment of judgment (“Assignment”) entered in the
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Placer County Superior Court case entitled, Key Real Estate Equity Capital, Inc. v.
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Kobra Properties, et al., Case No. SCV22771. As such, Plaintiffs have agreed to
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dismiss, without prejudice, KREEC from this lawsuit.
3.
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In exchange for the dismissal, without prejudice, KREEC has agreed
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to a waiver of all fees and costs against Plaintiffs and not seek any action relating
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thereto.
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K UTAK R OCK LLP
ATTORNEYS AT LAW
IR VI N E
I R V I NE
STIPULATION TO DISMISS DEFENDANT KEY REAL ESTATE EQUITY CAPITAL, INC.;
ORDER
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4.
If the Assignment proves to be incorrect or KREEC needs to be
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involved in this lawsuit for any other reason, then KREEC will agree that it can be
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brought back in as a party without prejudice to Plaintiffs and without argument by
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KREEC.
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SO STIPULATED AND AGREED:
Dated: May 31, 2011
KUTAK ROCK LLP
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By: /s/ J. David Bournazian
J. David Bournazian
Attorneys for Plaintiffs
GENERAL ELECTRIC CAPITAL
CORPORATION, CEF FUNDING II,
L.L.C. and CEF FUNDING V, LLC
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Dated: May ____, 2011
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PROCOPIO, CORY, HARGREAVES &
SAVITCH LLP
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By: /s/
Gerald P. Kennedy
Attorneys for Defendant
KEY REAL ESTATE EQUITY
CAPITAL, INC.
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ORDER
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IT IS SO ORDERED.
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Dated: June 2, 2011
_______________________________________
FRANK C. DAMRELL, JR.
UNITED STATES DISTRICT JUDGE
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K UTAK R OCK LLP
ATTORNEYS AT LAW
IR VI N E
I R V I NE
-3STIPULATION TO DISMISS DEFENDANT KEY REAL ESTATE EQUITY CAPITAL, INC.;
ORDER
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