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Michael Scott Ioane 257 E. Bellevue Road, #188 Atwater, CA 95301 (775) 841-1776 Plaintiff In Pro Per

4 5 6 7 8 9 10 11 Plaintiff, 12 13 14 TREBLE, LLC, and ROBERT E. BELL, 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1


PLAINTIFFS SEPARATE STATEMENT IN OPPOSITION TO SUMMARY JUDGMENT

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF KERN METROPOLITAN DIVISION MICHAEL SCOTT IOANE, ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. S-1500-CV-269076-WPD PLAINTIFFS SEPARATE STATEMENT IN OPPOSITION TO DEFENDANTS SUMMARY JUDGMENT MOTION

vs.

Defendants.

DATE: March 29, 2012 TIME: 8:30 am DEPT: 15 TRIAL: April 30, 2012

Pursuant to CCP 437c (b)(3), plaintiffs submit this statement in opposition to defendants Separate Statement of Undisputed Material Facts: Defendants Material Facts And Alleged Supporting Evidence: 1. Treble, Bell, and Mariposa Holdings, Inc entered into a Settlement Agreement and Mutual Release of Claims (the Agreement) on June 9, 2009. Plaintiffs Response, Material Facts & Supporting Evidence Undisputed. It should further be noted that Southern Financial was not a party to the Agreement.

2. On or about June 12, 2009 Treble and Bell submitted their first installment

Undisputed.

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payment of $5000 under the terms of the agreement.

3. On June 16, 2009 Revenue Officer

Undisputed, except no evidence exists that

Michael Hoos served Treble and Bell with a any funds originally invested in Treble, Notice of Levy to attach the funds originally invested in Treble, LLC by Southern Financial Services [predecessor in interest to Mariposa Holdings, Inc.] LLC by Southern Financial Services existed at that time (or any other).

4. Treble and Bell, through counsel, forwarded a copy of the Notice of Levy to Mariposa via U.S. mail and Mariposa indirectly acknowledged receipt of said Levy through reply correspondence.

Undisputed that the Notice of Levy was forwarded to Mariposa. Disputed as to whether any levy was actually put into effect since no notice of seizure exists (as required under 26 U.S.C. 6502(b)).

5. Since receiving the Notice of Levy, Treble has been making monthly installment payments to the Internal Revenue Service and as of December 2011, the Internal Revenue Service has received a total of $55,000 from Treble, LLC pursuant to the Notice of Levy.

Disputed. See objections to Hoos and Bell Declarations

Additional Material Facts 6. Since Southern Financial never actually

Supporting Evidence See 6 of Settlement Agreement attached to

acquired any membership in Treble, LLC, a Bell Decl. 2


PLAINTIFFS SEPARATE STATEMENT IN OPPOSITION TO SUMMARY JUDGMENT

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material fact exists as to whether it ever had any funds invested in Treble, LLC.

7. On December 23, 2005, whatever interest Southern Financial may have had in Treble, LLC (if any) was sold to Mariposa Holdings. At this time, any interest Southern Financial may have had in Treble was presumptively terminated, and could not have possibly existed in June 2009. Although the terms of the sale are not disclosed, any funds Southern Financial may have submitted to Treble would presumptively have been returned to Southern Financial by Mariposa.

Bell Decl, 3, Settlement Agreement 7

Date: March 5, 2012

Submitted by, _________________________________ Michael Scott Ioane

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PLAINTIFFS SEPARATE STATEMENT IN OPPOSITION TO SUMMARY JUDGMENT

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DECLARATION OF SERVICE BY MAIL I, _____________________, declare that I am at least 18 years of age, and not a party to the suit. My address is ____________________, _____________, __________. I hereby certify the attached PLAINTIFFS SEPARATE STATEMENT IN OPPOSITION TO DEFENDANTS SUMMARY JUDGMENT MOTION was served on the following by enclosing a true and correct copy thereof in a sealed envelope with postage fully prepaid, and depositing same in the United States mail, addressed as follows: JOSEPH P. HANSON 5001 California Ave., Ste 219 Bakersfield, CA 93309 (Attorney for defendants) I declare under penalty of perjury that the foregoing is true and correct. Executed on ____________, 2012 at _____________, California.

_________________________________

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PLAINTIFFS SEPARATE STATEMENT IN OPPOSITION TO SUMMARY JUDGMENT

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