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69 |
Filed: 10/18/2011, Entered: 10/18/2011 |
Remittitur |
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Remittitur Affirmed (a129971 Div 5)
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Request |
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68 |
Filed: 9/2/2011, Entered: 9/2/2011 |
Order |
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Order Certifying Opinion For Publication (no Change In Judgment)
(a129971, Div. 5)
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Request |
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67 |
Filed: 12/23/2010, Entered: 12/23/2010 |
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Certification Notice Issued
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Request |
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66 |
Filed: 12/23/2010, Entered: 12/23/2010 |
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Appeal Record Certified To The Court Of Appeal A129971 #5 (3 Vols Ct/
1 Vol Rt)
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Request |
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65 |
Filed: 12/17/2010, Entered: 12/17/2010 |
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Costs Of Preparation On Appeal Deposited By Appellant
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Request |
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64 |
Filed: 12/8/2010, Entered: 12/8/2010 |
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Clerk's Estimate Of Cost Of Appeal Record
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Request |
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63 |
Filed: 11/3/2010, Entered: 11/3/2010 |
Notice Of Default On Appeal Sent To Appellant |
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Notice Of Default On Appeal Sent To Appellant
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Request |
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62 |
Filed: 11/1/2010, Entered: 11/1/2010 |
Respondents Request For Additions To Clerks/reporters Transcript |
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Respondent's Request For Additions To Clerk's Transcript
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Request |
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61 |
Filed: 10/18/2010, Entered: 10/18/2010 |
Request For Clerks/reporter Transcript |
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Request For Clerk's/reporter's Transcript Filed
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Request |
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60 |
Filed: 10/14/2010, Entered: 10/14/2010 |
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Declaration Of Service Re: Order Denying Motion For Peremptory Writ Of
Mandate Filed By Respondent
Insurance Commissioner Of The State Of California
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Request |
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59 |
Filed: 10/13/2010, Entered: 10/13/2010 |
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Clerk's Notice Of Filing Of Notice Of Appeal
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Request |
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58 |
Filed: 10/8/2010, Entered: 10/8/2010 |
Notice Of Appeal/request For Transcript |
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Notice Of Appeal/request For Transcript (appeals Only) Filed By
Petitioner
Aurora, S.a.
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Request |
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57 |
Filed: 10/6/2010, Entered: 10/6/2010 |
Order |
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Order Denying Aurora S.a.'s Motion For Peremptory Writ Of Mandate
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Request |
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56 |
Filed: 9/17/2010, Entered: 9/17/2010 |
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Notice Of Change Of Attorney (same Firm) Filed By Petitioner
Aurora, S.a.
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Request |
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55 |
Filed: 7/30/2010, Entered: 7/30/2010 |
Order |
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Order Returning Adminstrative Record
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Request |
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54 |
Filed: 7/22/2010, Entered: 7/22/2010 |
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Mini-minutes For Jul-22-2010 9:30 Am
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Request |
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53 |
Filed: 7/22/2010, Entered: 7/22/2010 |
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Law And Motion 302, Petitioner Aurora, S.a. Motion For Peremptory Writ
Of Mandate Argued And The Court Adopted Its Tentative Ruling As
Follows: Denied. Asa Has Not Shown That The Insurance Commissioner
Abused His Discretion In Denying Realic's Form A Application To
Purchase Aurora. The Court Exercises It Independent Judgment In
Deciding This Question Of Law And Interpreting The Statute. The
Commissioner's Denial On The Basis Of Insurance Code Section
1215.2(d)(5) Is Upheld. The Approval Of The Sale Would Endanger,
Diminish, Or Destroy The Aurora Policy Holders' Judgment Against
Artemis/asa In The Event The Litigation Is Settled. It Is Not An Abuse
Of Discretion For The Commissioner To Conclude That Realic's Placing
Of Its Corporate Interests Over The Interests Of Its Policyholders
Harm The Policyholders And The Public And Show A Lack Of Integrity.
The Commissioner's Denial Based On Cic Section 1215.2(d)(4) Is Upheld.
Realic's Dividend Plans Comprise A Major Change In Operations That
Would Prejudice Aurora Policy-holders And Would Enable Artemis And Asa
To Evade The Current Dividend Restrictions. The Restrictions Are
Necessary To Maintain Capital To Satisfy Any Judgment Entered Against
Artemis, And Releasing The Dividend Restriction Is Neither Fair Nor
Reasonable To Policy Holders. The Commissioner Did Not Abuse His
Discretion Under Cic Section 1215.2(d)(1) In His Finding Of Material
Deficiency With Respect To Its Competence, Character And Integrity
Pursuant To Cic Section 717(e) As Discussed Above. However,
Insufficient Evidence Supports The Commissioner's Finding Under Cic
Section 717(f). Prevailing Party To Submit A Proposed Form Of Order.
Petitioner To Arrange Pick Up Of The Administrative Record From
Department 302. Judge: Charlotte Walter Woolard, Court Reporter: Kent
Gubbine, Csr #5797
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Request |
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52 |
Filed: 7/21/2010, Entered: 7/21/2010 |
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Added To Calendar For Petitioner Aurora, S.a. Motion For Peremptory
Writ Of Mandate
Hearing Set For Jul-22-2010 At 09:30 Am In Dept 302
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Request |
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51 |
Filed: 7/8/2010, Entered: 7/8/2010 |
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Law And Motion 301, Etitioner Aurora, S.a. Notice Of Motion And Motion
For Peremptory Writ Of Mandate And Memo Of P&a; Request For Judicial
Notice; Compendium; Excerpts From The Adminstrative Record (volumes 1
And 2) Is Transferred To Dept. 302 Per Judge Busch's Recusal To Be
Heard On 7/22/10. Judge: Peter J. Busch, Reporter: Candace Yount, Csr
# 2737
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Request |
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50 |
Filed: 7/8/2010, Entered: 7/8/2010 |
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Mini-minutes For Jul-08-2010 9:30 Am
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Request |
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49 |
Filed: 6/25/2010, Entered: 6/25/2010 |
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Pos Of Reply Reply In Support Of Motion For Preemptory Writ Of
Mandate; Supplemental Request For Judicial Notice; Notice Of Lodging
Filed By Petitioner
Aurora, S.a.
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Request |
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48 |
Filed: 6/25/2010, Entered: 6/25/2010 |
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Notice Of Lodging Of The Administrative Record Filed By Petitioner
Aurora, S.a.
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Request |
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47 |
Filed: 6/25/2010, Entered: 6/25/2010 |
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Reply Reply In Support Of Motion For Preemptory Writ Of Mandate Filed
By Petitioner
Aurora, S.a.
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Request |
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46 |
Filed: 6/25/2010, Entered: 6/25/2010 |
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Supplemental Request For Judicial Notice In Support Of Reply In
Support Of Motion For Preemptory Writ Of Mandate Filed By Petitioner
Aurora, S.a.
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Request |
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45 |
Filed: 6/11/2010, Entered: 6/11/2010 |
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Compendium Of Non-california Authorities In Support Of Opposition To
Motion For Peremptory Writ Of Mandate; Proof Of Service Filed By
Respondent
Insurance Commissioner Of The State Of California
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Request |
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44 |
Filed: 6/11/2010, Entered: 6/11/2010 |
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Opposition To Motion For Peremptory Writ Of Mandate Filed By
Respondent
Insurance Commissioner Of The State Of California
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Request |
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43 |
Filed: 5/24/2010, Entered: 5/24/2010 |
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Notice Of Motion And Motion For Peremptory Writ Of Mandate And Memo Of
P&a; Request For Judicial Notice; Compendium; Excerpts From The
Adminstrative Record (volumes 1 And 2), Proof Of Service, Points And
Authorities, Declaration Filed By Petitioner
Aurora, S.a.
Hearing Set For Jul-08-2010 At 09:30 Am In Dept 301
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Request |
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42 |
Filed: 5/21/2010, Entered: 5/21/2010 |
Order |
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Order Granting Aurora, Sa And Steve Poizner, Insurance Commissioner Of
The State Of California's Ex Parte Application To Set A Hearing Date
And Briefing Schedule And To File Memoranda In Excess Of The Page
Limit
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Request |
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41 |
Filed: 5/21/2010, Entered: 5/21/2010 |
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Ex Parte Application For Order To Set Hearing Date And Briefing
Schedule And To File Memoranda In Excess Of Page Limit Filed By
Petitioner
Aurora, S.a.
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Request |
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40 |
Filed: 4/16/2010, Entered: 4/16/2010 |
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Mini-minutes For Apr-16-2010 9:30 Am
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Request |
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39 |
Filed: 4/16/2010, Entered: 4/16/2010 |
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Law And Motion 302, Identure Trustee Policyholders Motion To
Intervene. Argued And The Court Adopted Its Tentative Ruling As
Follows: Motion Denied. Itp's Interest In The Instant Litigation Is
Not Direct, And Intervention Threatens The Rights Of The Original
Parties To Conduct The Action On Their Own Terms. Judge: Charlotte
Walter Woolard; Court Reporter: Carlito Mandia, Csr #9689
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Request |
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38 |
Filed: 4/12/2010, Entered: 4/12/2010 |
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Statement Re: Indenture Trustee Policyholders' Motion To Intervene
Filed By Other
Florida Patient's Compensation Fund
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Request |
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37 |
Filed: 4/9/2010, Entered: 4/9/2010 |
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Law And Motion 301, Identure Trustee Policyholders' Motion To
Intervene Is Transferred To Department 302 Per Judge Busch's Recusal
And To Be Heard On April 16, 2010. Judge: Peter J. Busch, Reporter:
Carol Karen, Csr# 8189
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Request |
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36 |
Filed: 4/9/2010, Entered: 4/9/2010 |
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Mini-minutes For Apr-09-2010 9:30 Am
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Request |
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35 |
Filed: 4/8/2010, Entered: 4/8/2010 |
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Amended Pos On Dec. Of Vince Watson In Support Of Mtn To Intervene
Filed By Other
Identure Trustee Policyholders
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Request |
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34 |
Filed: 4/6/2010, Entered: 4/6/2010 |
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Amended Proofs Of Service Reply Of Mtn To Intervene And Compendium Of
Non-calif. Authorities For Reply In Support Of Mtn To Intervene Filed
By Other
Identure Trustee Policyholders
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Request |
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33 |
Filed: 4/2/2010, Entered: 4/2/2010 |
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Pos Of Reply In Support Of Motion To Intervene; Compendium On Non Ca
Authorities; Filed By Other
Identure Trustee Policyholders
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Request |
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32 |
Filed: 4/2/2010, Entered: 4/2/2010 |
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Compendium On California Authorities For Reply In Support Of Motion To
Intervene Filed By Other
Identure Trustee Policyholders
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Request |
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31 |
Filed: 4/2/2010, Entered: 4/2/2010 |
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Reply In Support Of Motion To Intervene Filed By Other
Identure Trustee Policyholders
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Request |
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30 |
Filed: 3/26/2010, Entered: 3/26/2010 |
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Proof Of Service By Mail Of Memorandum Of Points And Authorities In
Opposition To Indenture Trustee Policyholders' Motion To Intervene
Filed By Plaintiff
Aurora, S.a.
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Request |
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29 |
Filed: 3/26/2010, Entered: 3/26/2010 |
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Compendium Of Non-california Authorities In Support Of Opposition To
Indenture Trustee Policyholders' Motion To Intervene Filed By
Plaintiff
Aurora, S.a.
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Request |
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28 |
Filed: 3/26/2010, Entered: 3/26/2010 |
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Request For Judicial Notice In Support Of Memorandum Of Points And
Authorities In Opposition To Indenture Trustee Policyholders' Motion
To Intervene
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Request |
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27 |
Filed: 3/26/2010, Entered: 3/26/2010 |
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Declaration Of Terence P. Woodsome In Support Of Memorandum Of Points
And Authorities In Opposition To Indenture Trustee Policyholders'
Motion To Intervene Filed By Plaintiff
Aurora, S.a.
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Request |
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26 |
Filed: 3/26/2010, Entered: 3/26/2010 |
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Memorandum Of Points And Authorities In Opposition To Indenture
Trustee Policyholders' Motion To Intervene Filed By Plaintiff
Aurora, S.a.
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Request |
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25 |
Filed: 3/26/2010, Entered: 3/26/2010 |
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Declaration Of Service Of U.s. Mail On Oppos. To Mtn To Intervene;
Dec. Of Anne Burr And Dec. Of Willard Roberts Filed By Defendant
Poizner, Steve ,insurance Commissioner Of The State Of
California, In His Official Capacity Only And Not In His
Individual Capacity, On Behalf Of The California Department Of
Insurance
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Request |
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24 |
Filed: 3/26/2010, Entered: 3/26/2010 |
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Declaration Of Willard N. Roberts In Support Of Ht Oppos. To Indenture
Trustee Policyholders Mtn To Intervene Filed By Defendant
Poizner, Steve ,insurance Commissioner Of The State Of
California, In His Official Capacity Only And Not In His
Individual Capacity, On Behalf Of The California Department Of
Insurance
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Request |
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23 |
Filed: 3/26/2010, Entered: 3/26/2010 |
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Declaration Of Anne Michelle Burr In Support Of The Oppos. To
Indenture Trustee Policyholders Mtn To Intervene Filed By Defendant
Poizner, Steve ,insurance Commissioner Of The State Of
California, In His Official Capacity Only And Not In His
Individual Capacity, On Behalf Of The California Department Of
Insurance
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Request |
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22 |
Filed: 3/26/2010, Entered: 3/26/2010 |
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Opposition To Indenture Trustee Policyholders Mtn To Intervene Filed
By Defendant
Poizner, Steve ,insurance Commissioner Of The State Of
California, In His Official Capacity Only And Not In His
Individual Capacity, On Behalf Of The California Department Of
Insurance
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Request |
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21 |
Filed: 3/16/2010, Entered: 3/16/2010 |
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Proof Of Personal Service /by Hand Delivery Re: Mo To Intervene Filed
By Other
Identure Trustee Policyholders
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Request |
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20 |
Filed: 3/16/2010, Entered: 3/16/2010 |
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Compendium Of Non-california Authorities In Support Of Mo To Intervene
Filed By Other
Identure Trustee Policyholders
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Request |
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19 |
Filed: 3/16/2010, Entered: 3/16/2010 |
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Request For Judicial Notice In Support Of Mo To Intervene Filed By
Other Identure Trustee Policyholders
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Request |
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18 |
Filed: 3/16/2010, Entered: 3/16/2010 |
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Declaration Of Philip S. Warden In Support Of Mo To Intervene Filed By
Other
Identure Trustee Policyholders
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Request |
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17 |
Filed: 3/16/2010, Entered: 3/16/2010 |
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Declaration Of Vince Watson In Support Of Mo To Intervene Filed By
Other
Identure Trustee Policyholders
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Request |
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16 |
Filed: 3/16/2010, Entered: 3/16/2010 |
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Memorandum Of Points And Authorities In Support Of Mo To Intervene
Filed By Other
Identure Trustee Policyholders
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Request |
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15 |
Filed: 3/16/2010, Entered: 3/16/2010 |
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Motion To Intervene Filed By Other
Identure Trustee Policyholders
Hearing Set For Apr-09-2010 At 09:30 Am In Dept 301
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Request |
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14 |
Filed: 3/9/2010, Entered: 3/9/2010 |
Order That Hearing Is Off Calendar |
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Case Management Conference Of Mar-19-2010 Is Off Calendar Writ Action.
Notice Sent By Court.
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Request |
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13 |
Filed: 3/4/2010, Entered: 3/4/2010 |
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Case Management Statement Filed By Plaintiff
Aurora, S.a.
Estimated Time For Trial: 2.0 Days
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Request |
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12 |
Filed: 3/2/2010, Entered: 3/2/2010 |
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Case Management Statement Filed By Defendant
Poizner, Steve ,insurance Commissioner Of The State Of
California, In His Official Capacity Only And Not In His
Individual Capacity, On Behalf Of The California Department Of
Insurance
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Request |
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11 |
Filed: 2/9/2010, Entered: 2/9/2010 |
Answer |
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Answer To 1st Amended Complaint Filed By Defendant
Poizner, Steve ,insurance Commissioner Of The State Of
California, In His Official Capacity Only And Not In His
Individual Capacity, On Behalf Of The California Department Of
Insurance
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10 |
Filed: 1/22/2010, Entered: 1/22/2010 |
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Proof Of Service Misc. Of First Amended Verified Petition For Writ Of
Mandate And Complaint For Declaratory And Injuctive Relief; Pos Person
Serviced: Anne Michelle Burr-deputy Attorney General, State Of
Calif/dept. Of Justice Filed By Petitioner
Aurora, S.a.
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Request |
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9 |
Filed: 12/22/2009, Entered: 12/22/2009 |
Complaint |
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1st Amended Complaint Filed By Plaintiff
Aurora, S.a.
As To Defendant
Poizner, Steve ,insurance Commissioner Of The State Of
California, In His Official Capacity Only And Not In His
Individual Capacity, On Behalf Of The California Department Of
Insurance
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Request |
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8 |
Filed: 12/22/2009, Entered: 12/22/2009 |
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Pos Of First Amended Verified Petition For Writ Of Mandate And
Complaint For Declartory Relief And Injunctive Relief Filed By
Plaintiff
Aurora, S.a.
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Request |
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7 |
Filed: 12/3/2009, Entered: 12/3/2009 |
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Law And Motion, 301, Petitioner's Notice Of Motion And Motion For
Peremptory Writ Of Mandate; Verified Petition For Writ Of Mandate And
Complaint For Declaratoru And Injunctive Relief ;request For Judicial
Notice, Off Calendar Per Request Of Moving Party.
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Request |
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6 |
Filed: 12/1/2009, Entered: 12/1/2009 |
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Pos Of Correspondence Dated Nov.30, 2009 Re: Withdrawal Of Motion For
Peremptory Writ Of Mandate Filed By Petitioner
Aurora, S.a.
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Request |
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5 |
Filed: 11/16/2009, Entered: 11/16/2009 |
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Amended Proof Of Service Of Notice Of Motion And Motion For Peremptory
Writ Of Mandate; Verified Petition For Writ Of Mandate And Complaint
For Declaratoru And Injunctive Relief ;request For Judicial Notice
Filed By Petitioner
Aurora, S.a.
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Request |
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4 |
Filed: 11/13/2009, Entered: 11/13/2009 |
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Notice Of Motion And Motion For Peremptory Writ Of Mandate; Verified
Petition For Writ Of Mandate And Complaint For Declaratoru And
Injunctive Relief ;request For Judicial Notice, Proof Of Service,
Points And Authorities, Declaration Filed By Petitioner
Aurora, S.a.
Hearing Set For Dec-10-2009 At 09:30 Am In Dept 301
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Request |
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3 |
Filed: 10/16/2009, Entered: 10/16/2009 |
Proof of Service |
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Proof Of Service Of Summons, Petition For Writ Of Mandate, And
Complaint Filed By Plaintiff
Aurora, S.a.
Served Oct-15-2009, Personal Service On Defendant
Poizner, Steve ,insurance Commissioner Of The State Of
California, In His Official Capacity Only And Not In His
Individual Capacity, On Behalf Of The California Department Of
Insurance
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Request |
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2 |
Filed: 10/14/2009, Entered: 10/14/2009 |
Notice To Plaintiff |
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Notice To Plaintiff
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Request |
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1 |
Filed: 10/14/2009, Entered: 10/14/2009 |
Complaint |
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Declaratory Relief, Complaint Filed By Plaintiff
Aurora, S.a.
As To Defendant
Poizner, Steve ,insurance Commissioner Of The State Of
California, In His Official Capacity Only And Not In His
Individual Capacity, On Behalf Of The California Department Of
Insurance
Summons Issued, Judicial Council Civil Case Cover Sheet Filed
Case Management Conference Scheduled For Mar-19-2010
Proof Of Service Due On Dec-14-2009
Case Management Statement Due On Mar-04-2010
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Request |
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