Free Motion to Amend/Correct - District Court of California - California

Case 3:08-cv-01438-WQH-WMC

Document 9

Filed 08/14/2008

Page 1 of 2

1 Monty A. McIntyre, Esq. (SBN 95796) 2 SELTZER CAPLAN MCMAHON VITEK 3 A Law Corporation

Wes E. Henricksen, Esq. (SBN 246712)

750 B Street, 2100 Symphony Towers
4 San Diego, California 92101-8177 5 Telephone: 6 7 8 9 10

(619) 685-3003; Facsimile: (619) 685-3100 [email protected]; [email protected] Attorneys for Defendants DON BARNES and DELK PRODUCTS, INC. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 08-cv-1438 WQH WMc AMENDED NOTICE OF MOTION AND MOTION BY DEFENDANT DON BARNES FOR AN ORDER REQUIRING PLAINTIFF TO PROVIDE SECURITY FOR COSTS AND FEES DATE: October 6, 2008 TIME: 11 a.m. JUDGE: Hon. William Q. Hayes DEPT Courtroom 4 COMPLAINT FILED: June 30, 2008 TRIAL DATE: Not Yet Set

EVERGREEN RESEARCH AND 11 MARKETING, LLC,
12 13 14

Plaintiff, vs.

DON BARNES, an individual; and DELK PRODUCTS, INC.; LARRY KAIN, an 16 individual; PINNACLE NATIONAL BANK; and DOES 1-20, inclusive,
15 17 18 19 20 21 TO: 22

Defendants.

ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on October 6, 2008, at 11 a.m., or as soon thereafter as

23 counsel can be heard, in Courtroom 4, of the above-entitled court, located at 940 Front Street, 24 San Diego, California 92101, Defendant DON BARNES will, and hereby does, move the court 25 for an order requiring Plaintiff to provide $50,000 security for Defendant's costs and attorney's 26 fees in this action. 27

This motion is made under section 800(c) of the California Corporations Code on the

28 ground that there is no reasonable possibility that the prosecution of at least one of Plaintiff's
AMENDED NOTICE OF MOTION Case No. 08-cv-1438 WQH WMc

Case 3:08-cv-01438-WQH-WMC

Document 9

Filed 08/14/2008

Page 2 of 2

1 causes of action in this suit will benefit the corporation BetaBake Products, Inc. or its 2 shareholders. 3

The motion will be based on this notice of motion and motion, the attached declarations

4 of Monty A. McIntyre and Don Barnes, the attached memorandum of points and authorities, 5 the pleadings and records on file in this action, and such oral and documentary evidence as 6 may be presented at the hearing. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
2 AMENDED NOTICE OF MOTION Case No. 08-cv-1438 WQH WMc

Dated: August 14, 2008

SELTZER CAPLAN McMAHON VITEK A Law Corporation By: /s/ Monty A. McIntyre

Monty A. McIntyre Wes E. Henricksen Attorneys for Defendant DON BARNES, an individual.