NDU-08-2007

21:41

P.07/09

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Michael J. Collins, Bar No. 65506 Julian B. Bellenghi, Bar No. 129942 COLLINS & BELLENGHI, LLP 1201 Dove Street, Suite 570 Newport Beach, CA 92660 Telephone: (949) 851-9311 Facsimile: (949) 851-9333

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ILL

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Attorneys for Plaintiffs SOUTHERN CALIFORNIA DISTRICT COUNCIL OF THE ASSEMBLIES'OF GOD, a California Non-Profit Religious Corporation; and NEW HOPE FAMILY WORSHIP CENTER, a California Non-Profit Religious Corporation
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SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF RIVERSIDE - WESTERN DIVISION RIVERSIDE BRANCH
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SOUTHERN CALIFORNIA DISTRICT COUNCIL OF THE ASSEMBLIES OF GOD, a California Non-Profit Religious Corporation; and NEW HOPE FAMILY WORSHIP CENTER, a California Non-Profit Religious Corporation Plaintiffs, v. •KENNETH M. PETERS, JR.; ALAN R. •SPITALNICK; ALL PERSONS UNKNOWN, CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFFS' TITLE, OR ANY CLOUD ON PLAINTIFFS' TITLE THERETO; and DOES 1 to 500, inclusive, Defendants.

CASE NO. RIC 482762

" ' *™

Assigned for All Purposes To: Honorable Edward Webster Department 05 Complaint Filed: October 11, 2007 NOTICE OF MOTION AND MOTION TO STRIKE ANSWER TO COMPIAINT AND CROSS COMPIAINT

Date:

*I?0jo)f

Timer * g>^Q Dept: j Filed Concurrently: Memorandum of Points and Authorities

TO DEFENDANTS KENNETH M PETERS, JR. AND ALAN R. SPITALNICK AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on <?/&&M%
at 8

* ^ a.m., or as

soon thereafter as the matter can be heard, in Department / of the / above entitled court, located at 4050 Main Street in Riverside 1 NOTICE OF MOTION TO STRIKE ANSWER TO COMPIAINT AND CROSS COMPIAINT

NO"J-08-2007

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P.08/09

California 92501-3703, plaintiffs, SOUTHERN CALIFORNIA DISTRICT COUNCIL OF THE ASSEMBLIES OF GOD and NEW HOPE FAMILY WORSHIP CENTER, California non-profit religious corporations, will request that the Court strike the Answer to their complaint and the Cross Complaint filed by defendants, KENNETH M PETERS, JR. and ALAN R. SPITALNICK on November 6, 2007, in their entirety, pursuant to § 435 of the Code of Civil Procedure [CCP]. Plaintiffs make this motion on the grounds

that said Answer and Cross-complaint were not filed in conformity with the laws of California as that phrase is used in CCP § 436(b) in that neither was verified as the law requires. This motion is based upon this notice, the memorandum of pointsa.nd authorities, which is filed herewith, the pleadings and papers on file in this action, and such other evidence and argument as may be presented to this Court at the hearing of this motion,

Dated: November 8, 2007

NGHI, LLP,

MICflAEL J. COLLINS, ESQ, JU/IAN B. BELLENGHI, ESQ. Attorneys for Plaintiffs SOUTHERN CALIFORNIA DISTRICT COUNCIL OF THE ASSEMBLIES OF' GOD, and NEW HOPE FAMILY WORSHIP CENTER

KOTICE OF MOTION TO STRIKE ANSWER TO COMPLAINT AND CROSS COMPLAINT

NOU- 08-2007

21:42

P.09/09 et_ftl

RE:

SPLftD and NEW HOPE FAMILY WORSHIP CENTER V. PETERS, SPITALNICK,

Case NO.
F i l e No.

CASE NO. RIC 482762
AOG-8 PROOF OF SERVICE ) ) )

STATE OF CALIFORNIA COUNTY OF LOS ANGELES

SB.

I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action? my business address is 1201 Dove Street, Suite 570, Newport Beach, CA 92660. On November 8, 2007 I served the document(s) described as: NOTICE OF MOTION AND MOTION TO STRIKE ANSWER TO COMPLAINT AND CROSS COMPLAINT by placing a copy thereof enclosed in a sealed envelope and addressing it as follows: KENNETH M, PETERS, JR. 10814 Rosemary Way Corona, CA 92883 ALAN R. SPITALNICK 17177 Deepwood Lane Riverside, CA 92503 CHRISTOPHER M. CULLEN LANAK & HANNA, P.C. 400 N. Tustin Ave, Suite 120 Santa Ana, CA 92705 I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at Newport Beach, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. _£_ (By U.S. Mail) I deposited such envelope to be delivered to Manual Duran in the U.S. mail box at Newport Beach, California, Executed on November 8, 2007. (State) I declare that member of the bar of t service was made.

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;ed in the office of a rtiose direction the

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