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RICHARD I. FINE Prisoner ID # 1824367 c/o Men’s Central Jail 441 Bauchet Street Los Angeles, CA 90012 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION RICHARD I. FINE, Plaintiff, vs. STATE BAR OF CALIFORNIA; BOARD OF GOVERNORS OF THE STATE BAR OF CALIFORNIA; SCOTT DREXEL, Chief Trial Counsel of the State Bar of California; and THE SUPREME COURT OF CALIFORNIA (only as a necessary party); Defendants. Case No. CV-10-0048 JFW (CW) NOTICE OF MOTION AND MOTION TO STRIKE CALIFORNIA SUPREME COURT’S MOTION TO DISMISS; MEMORANDUM OF POINTS AND AUTHORITIES Date: June 1, 2010 Time: 10:00 AM Place: Courtroom 640 255 E. Temple Street, Los Angeles, CA 90012

Notice of Motion and Motion To all parties and their attorneys of record: Please take notice that on June 1, 2010 at 10:00 AM or as soon thereafter as the parties may be heard, in Courtroom 640 located at 225 East Temple

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Street, Los Angeles, California, Plaintiff will move and hereby moves for an order to strike the Supreme Court’s Motion to Dismiss. The reasons for the Motion are: (1)
(2)

The California Supreme Court is in default: The California Supreme Court’s Motion to Dismiss was filed late and without a court order allowing a late filing;

(3)

The California Supreme Court’s Motion to Dismiss is frivolous, without merit and filed to harass and oppress Plaintiff.

This Motion is based upon the Notice of Motion, the Memorandum of Points and Authorities, the Request to Enter Default, the Opposition to the Motion to Dismiss, the Request for Judicial Notice, the pleadings and papers on file in the case and such other documents which the Court may allow at the time of the hearing. Dated this ___ day of May, 2010 Respectfully submitted,

BY: ____________________________ RICHARD I. FINE, In Pro Per

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Memorandum of Points and Authorities The California Supreme Court is presently in default. (See Request to Enter Default filed simultaneously herewith and incorporated herein by reference as if set forth in full.) The California Supreme Court filed its Motion to Dismiss late and in violation of Court Rules as it did not have any order from the Court allowing a late filing. Further, such Motion is frivolous, without merit and filed for the sole purpose of harassing and oppressing Plaintiff. (See Request to Enter Default, Opposition to Motion to Dismiss and Request for Judicial Notice filed herewith and incorporated herein by references as if set forth in full.) For the reasons set forth above and in all of the aforementioned documents, Plaintiff respectfully requests that the Court strike the California Supreme Court’s Motion to Dismiss. Dated this ___ day of May, 2010 Respectfully submitted, BY: ____________________________ RICHARD I. FINE, In Pro Per

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PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am Fred Sottile. My address is 2601 E. Victoria Street, # 108, Rancho Dominguez, CA 90220. I am over the age of eighteen years and am not a party to the above-entitled action. On May ___, 2010, I served the foregoing document described as NOTICE OF MOTION AND MOTION TO STRIKE CALIFORNIA SUPREME COURT’S MOTION TO DISMISS; MEMORANDUM OF POINTS AND AUTHORITIES on interested parties in this action by depositing a true copy thereof, which was enclosed in a sealed envelope, with postage fully prepaid, in the United States Mail, addressed as follows:
Lawrence C. Yee Mark Torres-Gil Tracey L. McCormick STATE BAR OF CALIFORNIA OFFICE OF GENERAL COUNSEL 180 Howard Street San Francisco, CA 94105-1639

Michael Van Loewenfeldt KERR & WAGSTAFF, LLP 100 Spear Street, 18th Floor San Francisco, CA 94105-1528

I certify and declare, under penalty of perjury under the laws of the United States of America and the State of California, that the foregoing is true and correct. Executed on this _____ day of May, 2010, at Rancho Dominguez, California. ____________________________________ FRED SOTTILE

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