Aurora, S.a. v. Steve Poizner

State Civil Lawsuit Superior Court of California, County of San Francisco, Case No. CGC-09-493435
Superior Court Judge Peter J. Busch, presiding
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Superior Court Judge Peter J. Busch
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Summary

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Parties
No Logo Aurora, S.a., Plaintiff

Represented by Dewey & LeBoeuf LLP

Name Phone Fax E-Mail
Space Barbara Caulfield +1 650 845 7000 +1 650 845 7333 bcaulfield@dl.com
No Logo Aurora, S.a., Petitioner

Represented by Dewey & LeBoeuf LLP

Name Phone Fax E-Mail
Space Barbara Caulfield +1 650 845 7000 +1 650 845 7333 bcaulfield@dl.com

Represented by Kaye Scholer LLP

Name Phone Fax E-Mail
Space Ian C Eisner +1 213 621 6000 +1 213 621 6100 ieisner@dl.com
v.
No Logo 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, Defendant

Represented by Iowa Department of Justice

Name Phone Fax E-Mail
Space Anne Michelle Burr +1 415 703 1403 1 +1 +1 +1 annemichelle.burr@doj.ca.gov
No Logo Insurance Commissioner Of The State Of California, Respondent

Represented by Iowa Department of Justice

Name Phone Fax E-Mail
Space Anne Michelle Burr +1 415 703 1403 1 +1 +1 +1 annemichelle.burr@doj.ca.gov
Other Parties
No Logo Florida Patient's Compensation Fund, Other Party

Represented by Blanchard Krasner & French

Name Phone Fax E-Mail
Space Roger L. McNitt +1 858 551 2440 +1 858 551 2434 rmcnitt@bkflaw.com
No Logo Identure Trustee Policyholders, Other Party

Represented by Pillsbury Winthrop Shaw Pittman LLP

Name Phone Fax E-Mail
Space Philip S. Warden +1 415 983 1000 philip.warden@pillsburylaw.com
Attributes
Cause of Action Declaratory Relief
Timeline
  Entries (69) Tab Overlap Calendar Events Tab Overlap Related (9) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 69 Filed: 10/18/2011, Entered: 10/18/2011 Remittitur
Remittitur Affirmed (a129971 Div 5)
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Legal Document (Payment Possibly Required) 68 Filed: 9/2/2011, Entered: 9/2/2011 Order
Order Certifying Opinion For Publication (no Change In Judgment) (a129971, Div. 5)
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Blank 67 Filed: 12/23/2010, Entered: 12/23/2010
Certification Notice Issued
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Blank 66 Filed: 12/23/2010, Entered: 12/23/2010
Appeal Record Certified To The Court Of Appeal A129971 #5 (3 Vols Ct/ 1 Vol Rt)
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Blank 65 Filed: 12/17/2010, Entered: 12/17/2010
Costs Of Preparation On Appeal Deposited By Appellant
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Blank 64 Filed: 12/8/2010, Entered: 12/8/2010
Clerk's Estimate Of Cost Of Appeal Record
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Legal Document (Payment Possibly Required) 63 Filed: 11/3/2010, Entered: 11/3/2010 Notice Of Default On Appeal Sent To Appellant
Notice Of Default On Appeal Sent To Appellant
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Legal Document (Payment Possibly Required) 62 Filed: 11/1/2010, Entered: 11/1/2010 Respondents Request For Additions To Clerks/reporters Transcript
Respondent's Request For Additions To Clerk's Transcript
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Legal Document (Payment Possibly Required) 61 Filed: 10/18/2010, Entered: 10/18/2010 Request For Clerks/reporter Transcript
Request For Clerk's/reporter's Transcript Filed
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Blank 60 Filed: 10/14/2010, Entered: 10/14/2010
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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Blank 59 Filed: 10/13/2010, Entered: 10/13/2010
Clerk's Notice Of Filing Of Notice Of Appeal
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Legal Document (Payment Possibly Required) 58 Filed: 10/8/2010, Entered: 10/8/2010 Notice Of Appeal/request For Transcript
Notice Of Appeal/request For Transcript (appeals Only) Filed By Petitioner Aurora, S.a.
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Legal Document (Payment Possibly Required) 57 Filed: 10/6/2010, Entered: 10/6/2010 Order
Order Denying Aurora S.a.'s Motion For Peremptory Writ Of Mandate
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Blank 56 Filed: 9/17/2010, Entered: 9/17/2010
Notice Of Change Of Attorney (same Firm) Filed By Petitioner Aurora, S.a.
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Legal Document (Payment Possibly Required) 55 Filed: 7/30/2010, Entered: 7/30/2010 Order
Order Returning Adminstrative Record
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Blank 54 Filed: 7/22/2010, Entered: 7/22/2010
Mini-minutes For Jul-22-2010 9:30 Am
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Blank 53 Filed: 7/22/2010, Entered: 7/22/2010 Court Filing
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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Blank 52 Filed: 7/21/2010, Entered: 7/21/2010
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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Blank 51 Filed: 7/8/2010, Entered: 7/8/2010 Court Filing
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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Blank 50 Filed: 7/8/2010, Entered: 7/8/2010
Mini-minutes For Jul-08-2010 9:30 Am
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Blank 49 Filed: 6/25/2010, Entered: 6/25/2010
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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Blank 48 Filed: 6/25/2010, Entered: 6/25/2010
Notice Of Lodging Of The Administrative Record Filed By Petitioner Aurora, S.a.
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Blank 47 Filed: 6/25/2010, Entered: 6/25/2010
Reply Reply In Support Of Motion For Preemptory Writ Of Mandate Filed By Petitioner Aurora, S.a.
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Blank 46 Filed: 6/25/2010, Entered: 6/25/2010
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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Blank 45 Filed: 6/11/2010, Entered: 6/11/2010
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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Blank 44 Filed: 6/11/2010, Entered: 6/11/2010
Opposition To Motion For Peremptory Writ Of Mandate Filed By Respondent Insurance Commissioner Of The State Of California
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Blank 43 Filed: 5/24/2010, Entered: 5/24/2010
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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Legal Document (Payment Possibly Required) 42 Filed: 5/21/2010, Entered: 5/21/2010 Order
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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Blank 41 Filed: 5/21/2010, Entered: 5/21/2010
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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Blank 40 Filed: 4/16/2010, Entered: 4/16/2010
Mini-minutes For Apr-16-2010 9:30 Am
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Blank 39 Filed: 4/16/2010, Entered: 4/16/2010 Court Filing
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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Blank 38 Filed: 4/12/2010, Entered: 4/12/2010
Statement Re: Indenture Trustee Policyholders' Motion To Intervene Filed By Other Florida Patient's Compensation Fund
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Blank 37 Filed: 4/9/2010, Entered: 4/9/2010 Court Filing
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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Blank 36 Filed: 4/9/2010, Entered: 4/9/2010
Mini-minutes For Apr-09-2010 9:30 Am
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Blank 35 Filed: 4/8/2010, Entered: 4/8/2010
Amended Pos On Dec. Of Vince Watson In Support Of Mtn To Intervene Filed By Other Identure Trustee Policyholders
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Blank 34 Filed: 4/6/2010, Entered: 4/6/2010
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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Blank 33 Filed: 4/2/2010, Entered: 4/2/2010
Pos Of Reply In Support Of Motion To Intervene; Compendium On Non Ca Authorities; Filed By Other Identure Trustee Policyholders
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Blank 32 Filed: 4/2/2010, Entered: 4/2/2010
Compendium On California Authorities For Reply In Support Of Motion To Intervene Filed By Other Identure Trustee Policyholders
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Blank 31 Filed: 4/2/2010, Entered: 4/2/2010
Reply In Support Of Motion To Intervene Filed By Other Identure Trustee Policyholders
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Blank 30 Filed: 3/26/2010, Entered: 3/26/2010
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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Blank 29 Filed: 3/26/2010, Entered: 3/26/2010
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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Blank 28 Filed: 3/26/2010, Entered: 3/26/2010
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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Blank 27 Filed: 3/26/2010, Entered: 3/26/2010
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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Blank 26 Filed: 3/26/2010, Entered: 3/26/2010
Memorandum Of Points And Authorities In Opposition To Indenture Trustee Policyholders' Motion To Intervene Filed By Plaintiff Aurora, S.a.
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Blank 25 Filed: 3/26/2010, Entered: 3/26/2010
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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Blank 24 Filed: 3/26/2010, Entered: 3/26/2010
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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Blank 23 Filed: 3/26/2010, Entered: 3/26/2010
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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Blank 22 Filed: 3/26/2010, Entered: 3/26/2010
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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Blank 21 Filed: 3/16/2010, Entered: 3/16/2010
Proof Of Personal Service /by Hand Delivery Re: Mo To Intervene Filed By Other Identure Trustee Policyholders
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Blank 20 Filed: 3/16/2010, Entered: 3/16/2010
Compendium Of Non-california Authorities In Support Of Mo To Intervene Filed By Other Identure Trustee Policyholders
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Blank 19 Filed: 3/16/2010, Entered: 3/16/2010
Request For Judicial Notice In Support Of Mo To Intervene Filed By Other Identure Trustee Policyholders
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Blank 18 Filed: 3/16/2010, Entered: 3/16/2010
Declaration Of Philip S. Warden In Support Of Mo To Intervene Filed By Other Identure Trustee Policyholders
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Blank 17 Filed: 3/16/2010, Entered: 3/16/2010
Declaration Of Vince Watson In Support Of Mo To Intervene Filed By Other Identure Trustee Policyholders
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Blank 16 Filed: 3/16/2010, Entered: 3/16/2010
Memorandum Of Points And Authorities In Support Of Mo To Intervene Filed By Other Identure Trustee Policyholders
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Blank 15 Filed: 3/16/2010, Entered: 3/16/2010
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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Legal Document (Payment Possibly Required) 14 Filed: 3/9/2010, Entered: 3/9/2010 Order That Hearing Is Off Calendar
Case Management Conference Of Mar-19-2010 Is Off Calendar Writ Action. Notice Sent By Court.
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Blank 13 Filed: 3/4/2010, Entered: 3/4/2010
Case Management Statement Filed By Plaintiff Aurora, S.a. Estimated Time For Trial: 2.0 Days
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Blank 12 Filed: 3/2/2010, Entered: 3/2/2010
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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Answer with OCR 11 Filed: 2/9/2010, Entered: 2/9/2010 Answer
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
Blank 10 Filed: 1/22/2010, Entered: 1/22/2010
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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Legal Document (Payment Possibly Required) 9 Filed: 12/22/2009, Entered: 12/22/2009 Complaint
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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Blank 8 Filed: 12/22/2009, Entered: 12/22/2009
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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Blank 7 Filed: 12/3/2009, Entered: 12/3/2009
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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Blank 6 Filed: 12/1/2009, Entered: 12/1/2009
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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Blank 5 Filed: 11/16/2009, Entered: 11/16/2009
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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Blank 4 Filed: 11/13/2009, Entered: 11/13/2009
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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Legal Document (Payment Possibly Required) 3 Filed: 10/16/2009, Entered: 10/16/2009 Proof of Service
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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Legal Document (Payment Possibly Required) 2 Filed: 10/14/2009, Entered: 10/14/2009 Notice To Plaintiff
Notice To Plaintiff
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Legal Document (Payment Possibly Required) 1 Filed: 10/14/2009, Entered: 10/14/2009 Complaint
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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