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Home » Online Services » Tentative Rulings » Civil Dept 19 - Law & Motion Calendar
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TUESDAY, NOVEMBER 18, 2014 - 8:30 a.m.
COURTROOM 19 –Judge Arthur A. Wick
3055 Cleveland Avenue, Santa Rosa, CA 95403
Court Call is now available for all Law and Motion appearances, EXCEPT parties in small claims cases and motions for claims of exemption which are mandatory appearances. ** To set up Court Call- Please call CourtCall directly at (888) 882-6878.
The following Tentative Rulings will become the ruling of the Court unless a party desires to be heard. If you desire to appear and present oral argument as to any motion, it will be necessary for you to contact Judge Wick's Judicial Assistant by telephone at (707) 521-6730 by 4:00 p.m., MONDAY, NOVEMBER 17, 2014. Any party requesting an appearance must notify all other parties of their intent to appear.
1. SCV-251043 Bank of New York v. Fields:
The hearing on Defendant's Motion for Summary Judgment has been dropped from calendar as moot. Dismissals of Complaint and Cross-Complaint have been filed.
2. SCV-254496 Beeken v. Cal-Bay Mortgage:
This is on calendar for Defendant Select Portfolio Servicing, Inc's (SPS) demurrer to the First Amended Complaint. SPS contends that the First Amended Complaint (FAC) fails to allege any facts that it played any role in the violation of the HOBR alleged in the FAC. SPS further argues that the FAC is fatally uncertain, as SPS cannot determine what claims are being made against it.
The Plaintiffs oppose, arguing that the transfer of the servicing rights to SPS, and therefore the control over the foreclosure process, necessarily requires that SPS be subject to this court's jurisdiction in the event an injunction is issued. The Plaintiffs, in the alternative, seek leave to amend if the instant demurrer is sustained.
SPS's request for judicial notice is granted.
SPS's demurrer to the FAC is well-taken. The FAC only alleges that SPS received an assignment of the servicing rights from Defendant Chase – nothing else. The FAC does not allege that the violation is ongoing, or that SPS was acting in concert with Chase with respect to the alleged violation. (See FAC ¶ 16)
Accordingly, SPS's demurrer to the FAC is sustained with leave to amend. SPS shall draft an order consistent with this ruling.
3. SCV-255309 Voight v. Garrett Hardware:
This is on calendar for Plaintiff's demurrer to the First Amended Answer (FAA). The Plaintiff has demurred to the First, Fourth, Fifth, and Seventh through Nineteenth Affirmative defenses. The Plaintiff contends that the subject affirmative defenses, as pled, are conclusory and fail to allege facts to support the essential elements.
The Defendant opposes, arguing that the FAA sufficiently alleges the affirmative defenses. Further, the Defendant contends that the CCP does not authorize demurrers to specific affirmative defenses—but only to the answer as a whole. (Citing South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725.) The Defendant further argues that each of the affirmative defenses are properly pled.
The Defendant's contention that individual affirmative defenses are not subject to demurrer is incorrect. CCP § 430.50(b) provides: "A demurrer to an answer may be taken to the whole answer or to any one or more of the several defenses set up in the answer." (CCP § 430.50(b)[emphasis added].) The Defendant's reliance on South Shore Land Co., supra, is mistaken. That case stands for the proposition that when a general demurrer to an answer is made, a single well-pled defense defeats the demurrer. Here, the Plaintiff has not demurred to the answer as a whole, and therefore South Shore Land Co., supra, is inapplicable for the proposition for which the Defendant has cited it.
First Affirmative Defense
The Plaintiff suggests that the Defendant has not identified how the Complaint fails to allege facts to state a claim. Here, the Defendant's general denial negates each of the facts alleged by the Plaintiff, which in turn supports the affirmative defense that the Complaint is devoid of facts to support the causes of action as pled. (See Miller & Lux, supra, at 600.) The Plaintiff's demurrer to this defense is overruled.
Fourth Affirmative Defense
Plaintiff contends that the Fourth Affirmative Defense for offset is improperly pled—in that it does not specify what amounts are owed, and how the Defendant is entitled thereto. Here, the FAA alleges that the Plaintiff, or persons similarly situated, owes the Defendant money. While certainly not an exhaustive recitation of the facts, it alleges enough to demonstrate a possible entitlement to an offset. The Plaintiff's demurrer to this defense is overruled.
Fifth Affirmative Defense
The Defendant contends in this defense that the Plaintiff's claims are barred by the doctrines of res judicata and/or collateral estoppel. The FAA is completely devoid of any facts that support this affirmative defense. Further, this affirmative defense is actually two separate defenses that are improperly conflated. (See CCP § 431.30(g)[ affirmative defenses must be separately stated; and must refer to the causes of action to which they relate "in a manner by which they may be intelligently distinguished"] ; and Hata v. Los Angeles County Harbor/UCLA Med. Ctr. (1995) 31 Cal.App.4th 1791, 1805.) The Plaintiff's demurrer to this defense is sustained with leave to amend.
Seventh Affirmative Defense
In this defense the FAA contends that the class action is improper because the class members waived their rights in arbitration agreements. The Plaintiff points out that this defense is essentially a waiver by contract, and the FAA fails to allege the necessary elements of a contract, or waiver. The Plaintiff's demurrer is well-taken. The FAA fails to adequately plead the terms of the agreements alleged to have waived the rights of the Plaintiff, and whether said agreement were written, oral, or implied. (See e.g. Otworth v. South. Pac. Trans. Co. (1985) 166 Cal.App.3d 455, 458-459.) The Plaintiff's demurrer to this defense is sustained with leave to amend.
Eighth Affirmative Defense
In this defense the FAA alleges that the Plaintiff's action is barred for failure to utilize the Defendant's procedures. The Plaintiff contends that there is no such affirmative defense as "avoidable consequences." Under California law, whether the defendant's conduct was intentional or negligent, innocent or malicious, a plaintiff injured by the defendant's wrongful act is bound "to exercise reasonable care and diligence to avoid loss or minimize the resulting damages and cannot recover for losses which might have been prevented by reasonable efforts and expenditures on his part."(Valencia v. Shell Oil Co. (1944) 23 Cal.2d 840, 844; accord, Brandon & Tibbs v. George Kevorkian Accountancy Corp. (1990) 226 Cal.App.3d 442, 460.) This requirement is known as mitigation or minimization of damages and, especially in the tort context, as the " 'avoidable consequences' doctrine." (Hunter v. Croysdill (1959) 169 Cal.App.2d 307, 318; accord, Green v. Smith (1968) 261 Cal.App.2d 392, 396, ("wrongdoer is not required to compensate the injured party for damages which are avoidable by reasonable effort on the latter's part"); and State Dep't of Health Services v. Superior Court (2003) 31 Cal.4th 1026, 1042–48.) Here, the FAA alleges that the Defendant had a "procedure" in place that would have corrected the "wage issues." This is sufficient to support the affirmative defense. The Plaintiff's demurrer to this defense is overruled.
Ninth Affirmative Defense
This defense contends that the Plaintiff waived her rights by refusing to use the Defendant's "procedure" to correct the "wage issues." The Plaintiff contends that these allegations are insufficient to establish a waiver defense.
"Waiver is the intentional relinquishment of a known right with knowledge of the facts." (McDermott v. Superior Court (1972) 6 Cal.3d 693, 698 n.3.) The party alleged to have waived a right must have had both knowledge of the existing right and an intent to waive or forego it. (See Jones v. Brown (1970) 13 Cal.App.3d 513, 519 ("the valid waiver of a right presupposes an actual and demonstrable knowledge of the very right being waived") This knowledge of the facts is a necessary element of an effective waiver. (Lunardi v. Great–West Life Assurance Co. (1995) 37 Cal.App.4th 807, 824.)
Here, the FAA fails to properly allege a knowing waiver. The Plaintiff's demurrer to this defense is sustained with leave to amend.
Tenth Affirmative Defense
The FAA alleges that the Plaintiff consented to the breach of contract by failing to use its "procedure." The Plaintiff argues that this defense is uncertain and unintelligible. The Plaintiff's demurrer is well-taken. This affirmative defense provides no factual allegations to support the defense of "consent." Further, the defense is uncertain. The Plaintiff's demurrer to this defense is sustained with leave to amend.
Eleventh Affirmative Defense
This defense asserts that the Defendant's acts were authorized by law, and therefore no in violation of BP § 17200. The Plaintiff demurs, noting that this is not an affirmative defense alleging "new matter" but rather a denial of the premise on which the Sixth Cause of action for unfair business practices is grounded. The Plaintiff's demurrer should be sustained. This affirmative defense is simply a denial of the Plaintiff's allegations, and presents no new matter. (See e.g. FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 383–384 [""What is put in issue by a denial is limited to the allegations of the complaint ... A defense in the nature of 'yes, those allegations are true, but ... ' is not put in issue by the denial.''].) The Plaintiff's demurrer to this defense is sustained without leave to amend.
Twelfth and Thirteenth Affirmative Defenses
These affirmative defenses deny the class allegations. As with the eleventh affirmative defense, these are merely denial of the allegations in the complaint and are not properly alleged as affirmative defenses. (See FPI Development, supra.) The Plaintiff's demurrer to these defenses is sustained without leave to amend.
Fourteenth (1) Affirmative Defense
This Affirmative defense is simply a denial of the Plaintiff's unfair business practices allegation, and does not properly allege an affirmative defense. The Plaintiff's demurrer to this defense is sustained without leave to amend.
Fourteenth (2) Affirmative Defense
This purported defense alleges that the Plaintiff is not entitled to equitable relief because there are sufficient remedies at law. As contended by the Plaintiff, this is not an affirmative defense, but rather legal argument based on one seeking equitable relief. This defense presents no new matter, and therefore is improperly pled. The Plaintiff's demurrer to this defense is sustained without leave to amend.
Fifteenth Affirmative Defense
This defense contends that the Defendant's use of "rounding" was lawful and authorized by the applicable labor statutes and regulations, and therefore the Plaintiff's wage claims are not viable. This defense does present new matter, as it would avoid liability under some of the causes of action (note that the affirmative defense itself does not indicate to which causes of action this defense pertains). (See CCP § 431.30(g); Walsh v. West Valley Mission Comm. College Dist. (1998) 66 Cal.App.4th 1532, 1546.) Accordingly, this defense is uncertain, and the demurrer is sustained with leave to amend.
Sixteenth through Nineteenth Affirmative Defenses
These "defenses" range from denials of the underlying liability (Sixteenth), to a catch-all intended to act as a place holder for additional affirmative defenses (Nineteenth). None of these defenses are properly pled as affirmative defenses, and as such the demurrer is well-taken. The Plaintiff's demurrer to these defenses is sustained without leave to amend.
Accordingly, the Plaintiff's demurrer to the answer is overruled as to First, Fourth, and Eighth Affirmative Defenses; the demurrer to the Fifth, Seventh, Ninth, Tenth, and Fifteenth Affirmative Defenses is sustained with leave to amend; the demurrer as to the Eleventh, Twelfth, Thirteenth, Fourteenth (both), and Sixteenth through Nineteenth Affirmative Defenses is sustained without leave to amend. The Plaintiff shall draft an order consistent with this ruling.
4. MCV-226800 Creditors Trade v. Platinum Performance:
Plaintiff's Motion to Appoint Receiver to sell the Defendants' liquor license is GRANTED. The Plaintiff is to appear to discuss the amount of the undertaking to be required.
The Plaintiff is to draft an appropriate order for the court's signature.
5. SCV-247137 Capri Creek v. Etter & Sons:
This is on calendar for Defendant Defendant/Cross-Complainant/Cross-Defendant AAA Energy Systems, Inc. (AAA) motion for summary judgment, or in the alternative summary adjudication, the Plaintiff's Second Amended Complaint (SAC). AAA contends that the Plaintiff's claims in the SAC are barred by the relevant statutes of limitations. AAA argues that there are two potential accrual dates for the Plaintiff's claims against AAA, one based on the contract documents (October 9, 2004), and one based on the discovery rule (April 2, 2006). AAA contends that under either of these accrual dates the Plaintiff's claims are untimely, and it should be granted summary judgment. Alternatively, AAA seeks summary adjudication of each of the three causes of action. AAA argues that the first cause of action for negligence is untimely. AAA also argues that the second cause of action for breach of third party beneficiary contract fails as a matter of law, contending that the Plaintiff's claim for indemnity under AAA's subcontract language pertains to third party claims—not the Plaintiff's first party claim.
The Plaintiff opposes AAA motion. Plaintiff objects to AAA motion, arguing that this is AAA's second motion for summary judgment, and that AAA does not establish that it is based on "newly discovered facts." The plaintiff refutes AAA's contractual theory of the accrual date, contending that AAA is relying on the wrong version of the AIA A201 General Conditions. Further, the Plaintiff argues that AAA is cherry picking contractual terms, and ignoring the applicable clauses that undermine its position. The Plaintiff further disputes AAA's theory regarding an accrual date based on the discovery rule. The Plaintiff contends that there are several material facts in dispute with respect to whether the Plaintiff engaged in the requisite diligence to uncover the source of the water intrusion.
Contractual Accrual Date
Relying on the recent case of Brisbane Lodging, L.P. v. Webcor Builders, Inc. (2013) 216 Cal.App.4th 1249, AAA contends that AIA A201 general conditions, specifically article 22.214.171.124 abrogate the delayed discovery date that the Plaintiff relies on.
There is no doubt that Brisbane would control here if it were undisputed that Art. 188.8.131.52 was applicable to AAA. Here, however, there are facts in dispute with respect to whether the 18.104.22.168 was incorporated into the agreement with AAA, or whether that provision was deleted altogether by the Plaintiff with respect to both J.M. Hershey and AAA as a subcontractor. Further, the evidence with respect to what language controlled AAA's work on the project is in dispute. AAA contends that the AIA language was incorporated by way of the Project Manual. However, what AIA terms were incorporated (and whether they were actually incorporated at all) is in dispute. AAA contends that the reference to the AIA conditions in the Project Manual incorporated the relevant article; whereas the Plaintiff points out that the AIA terms were not "physically incorporated" in to the Project Manual. This dispute is not, as AAA couches it, a question of the legal interpretation of the agreements, but rather this is a factual question as to what AIA terms (if any) were binding between AAA and the Plaintiff. Each party presents evidence that support their position, which precludes summary judgment.
Delayed Discovery
AAA argues that the undisputed evidence establishes that the Plaintiff failed to act diligently in determining the cause of the water intrusion. AAA contends that new evidence, recently produced, demonstrates that the Plaintiff did not engage in the necessary due diligence to uncover the water intrusion, and thus cannot rely on the delayed discovery rule.
The Plaintiff objects, arguing that this is AAA's second "bite at the apple" and that this court's earlier finding that whether the Plaintiff acted diligently is a question for the jury.
As this court has already ruled, whether the Plaintiff acted with the requisite amount of diligence is a question for the finder of fact, and not a question (absent undisputed facts) for summary judgment. Here, in order to grant summary judgment, the court would have to weigh the credibility of the witnesses, and determine whether the Plaintiff's representatives, with the information they were provided by their experts and professionals, should have led them to the conclusion that AAA's work was behind the water intrusions. The bulk of AAA's new evidence comes in the form of deposition testimony from the architect on the project, Mr. Wilcox. AAA cites to several passages where Mr. Wilcox suggests that the Plaintiff could have done additional testing in 2001 and 2005 to determine the cause of the water intrusion. AAA further relies on testimony of Mr. Karl Kardel, that he suggested that the Plaintiff perform additional destructive testing in 2005 to isolate the cause of the water infiltration. In response, the Plaintiff presents declarations from both Mr. Wilcox and Mr. Kardel wherein they both indicate that they believe that the Plaintiffs acted reasonably in believing that the source of the moisture was the control joint.
As explained previously, the question of diligence with respect to the delayed discovery is one for the jury. As the court of appeals has held: "Whether plaintiffs in fact exercised reasonable diligence in discovering the negligence of [a] defendant … is a question of fact." (Leaf v. City of San Mateo (1980)104 Cal.App.3d 398, 409.) Here, the question of whether the Plaintiff made a "reasonable, but unsuccessful" effort to identify the negligent cause of its damages is a disputed. Resolving the conflict in the evidence of whether the Plaintiff's representatives acted reasonably in either relying on their experts, or overruling their suggestions lies not with this court on summary judgment, but rather with the jury at trial.
AAA has adduced evidence that the Plaintiff's experts, Mr. Wilcox, Mr. Kardel and Mr. Bucholtz, were advising that the Plaintiff perform additional tests at the time of the so-called Bucholtz fix." But the Plaintiff adduces evidence that the Plaintiff's representatives believed that the acted reasonably in their investigation in light of the repair work to Unit 151. While AAA has certainly put more evidence on the scales in its favor, the Plaintiff has presented evidence that precludes summary judgment. Likewise, AAA's motion for summary adjudication based on the running of the statute of limitations is denied.
Breach of Third Party Beneficiary Contract
AAA also seeks summary adjudication of the Defendant's Third Cause of Action for Breach of Third Party Beneficiary Contract. AAA contends that the indemnity language in its contract with Hershey only applies to claims made by third parties, not to "Plaintiff's … first party claim."
The plain language of the indemnity clause does not support AAA's position. The indemnity provision provides for protection against not only against "any and all claims" but also against "losses and damages of any nature whatsoever…arising out of any of the work services, or materials performed or supplied by [AAA]." The indemnity is broad enough to cover the claims made by the Plaintiff here. AAA has not met its initial burden on this issue.
Accordingly, AAA's motion for summary judgment and adjudication is denied.
This case is also on calendar for Defendant Etter & Sons motion for summary judgment, and in the alternative, summary adjudication. This motion was originally heard in Department 18 on August 28, 2013, and taken under submission. Following the recusal of Judge Shaffer, Department 19 reset the motion to be heard April 15, 2014; however Etter continued that hearing. Finally, on October 23, 2014, Etter informed the court that it would go forward with the instant motion. Additionally, on October 24, 2014, Etter filed an "Amended Notice of Motion for Summary Judgment or Summary Adjudication" indicating that Etter is seeking summary adjudication based on CCP § 337.15 (the original motion sought summary judgment on the basis of CCP § 337.15). Further, on October 24, 2014, Etter filed a "Supplemental Points and Authorities" seeking to include additional argument to its original motion. The Plaintiff objected to both the amended notice and the supplemental points and authorities, contending that it did not provide the requisite amount of notice.
The Plaintiff's objection is well-taken. CCP § 437c(a) requires that the "[n]otice of the motion and supporting papers shall be served on all other parties to the action at least 75 days before the time appointed for hearing." Here, the amended notice and supporting papers were not served at least 75 days before the hearing date. Accordingly, the Plaintiff's objection to the amended notice and the supplemental points and authorities is sustained.
Summary Judgment
Etter's motion seeks summary judgment on the basis of the running of the 10 year statute of repose. (Citing CCP § 337.15.) At the time Etter filed its motion only three causes of action were pled against it. Subsequent to that filing, the Plaintiff has filed an amended complaint which has pled an additional cause of action for fraudulent concealment. A summary judgment may only be granted where it is shown that the "action has no merit or that there is no defense to the action …." (CCP § 437c(a).) Here, the instant motion does not address the fraudulent concealment cause of action, and therefore summary judgment cannot be granted.
Motion for Summary Adjudication
Etter has, in the alternative, moved for summary adjudication of the first three causes of action on the basis that each is barred by the applicable statute of limitations. The motion, similar to AAA's motion, argues that the Plaintiff was on notice of Etter's alleged negligence, and failed to fully investigate the cause of the moisture in the affected units. The Plaintiff opposed, arguing that whether it acted reasonably is question of fact for the jury.
As this court has discussed above, and in denying other motions based on this very issue, whether the Plaintiff should have discovered Etter's alleged negligence is a question of fact—this is especially true given that there are facts in dispute on this very topic. As such, this motion is denied.
This is also on calendar for AAA Energy Systems' motion to amend or clarify this court's ruling dated August 11, 2014. AAA is concerned that this court's recitation of the parties' allegations, contained in the section of the order title "Factual and Procedural Background," could be construed as findings of fact—as opposed to contentions of the parties. AAA identifies six statements that it feels should be clarified to show that they are the contentions of the parties. The motion is unopposed.
Pursuant to this court's authority under CCP § 187, the court hereby amends the August 11, 2014 to indicate that the statements identified by AAA are not findings of facts, but rather a recitation of the contentions of the party.
AAA shall draft and order consistent with this ruling.
6. SCV-254344 Destiny v. Siebert:
This is on calendar for the Plaintiff's motion for leave to file a Second Amended Complaint (SAC). No opposition has been filed. The Plaintiff seeks to file the proposed SAC to clarify his previous allegations made within the First Amended Complaint. The Plaintiff contends that discovery responses that he has received "raise valid issues and justify an amended response." The Plaintiff avers that this motion was not made earlier because: "Discovery responses and additional issues learned during the course of discovery in addition to ongoing discovery anomalies compel the request."
This is the Plaintiff's second attempt at seeking leave to file a Second Amended Complaint. The proposed complaint here, unlike the past attempt, does not seek to add the dismissed parties, and only lists Mr. Frank Siebert as a defendant. The court notes that the Plaintiff has not filed a proof of service of summons indicating that Mr. Frank Siebert has been served in this case.
In any event, the court will grant the motion for leave to file the proposed Second Amended Complaint.
7. SCV-255927 Vineyards Management v. San Antonio Creek:
This is on for Plaintiff's Application for a Right to Attach Order, and Order of Issuance of Writ of Attachment. The Plaintiff has not filed a proof of service of the motion or the supporting documents. The notice of the hearing must be served on defendant at least 16 court days before the hearing. (See CCP §§ 484.040, 1005(a)(1) & (b).) Further, the proof of service must be filed with the court clerk at least 5 court days before the hearing. (See CRC 3.1300.)
Accordingly, the Plaintiff's motion is dropped from calendar.
8. SCV-255939 In Re B Rubenstein:
This is on calendar for a Petition to Transfer of Structured Settlement Payments. Mr. Rubenstein, the proposed payee, entered into a settlement of a wrongful death case that entitled him to structured payments totaling $170,000. The structured settlement payments were to be paid to Mr. Rubenstein, in varying amounts, starting November 2014 through June 22, 2021. Mr. Rubenstein has agreed to sell his interest in those future structured settlement payments to the Petitioner for $118,000.
Mr. Rubenstein intends to use the money to purchase a car and defray college costs. He is single, with no minor dependents. The Petition satisfies the requirements of the applicable Insurance Code sections.
The Petition for Approval of Transfer of Structured Settlement Payment Rights is GRANTED.
9. SPR-85914 Matter of Vera Violet Wunsch Trust:
This is on calendar for Respondent's motion to expunge lis pendens and for attorney fees. The Respondent contends that the Petitioner's filing of a notice of pendency of action was improper as the Petition does not state a real property claim. Further, the Respondent contends that the Petitioner cannot demonstrate a probability of success on the merits. The Respondent argues that the Petition simply seeks to assert his right as a remainder beneficiary in the subject trust. Further, the Respondent argues that the Petitioner cannot, as a matter of law and contract, assert a claim to title of the real property held in the trust.
The Petitioner responds, arguing that the corpus of the trust consists solely of the real property subject to the lis pendens, and that pursuant to the terms of the trust he is entitled to a 50% distribution of the trust assets—a distribution that has been delayed. The Petitioner notes that the Respondent is seeking to sell the real property at issue, and is not confident that the funds realized by any sale will be fairly distributed.
The Respondent replies, arguing that the Petitioner is using the lis pendens as a form of a TRO to frustrate the Petitioner's management of the trust assets. The Respondent further contends that the terms of the trust give her wide discretion to deal with the trust assets. Moreover, the Respondent points out that the Petitioner's complaint of late distribution is suspect given that he sought to delay any distribution of the trust until after the dissolution of his marriage was complete.
The Respondent's request for judicial notice is granted.
A lis pendens may be expunged if the party asserting the lis pendens cannot establish the complaint's "probable validity" by a "preponderance of the evidence." (CCP §405.4, CCP §405.31, CCP § 405.32.) Unlike most other motions, the burden of proof is on the party opposing the motion to expunge. The lis pendens claimant bears the burden of establishing the "probable validity of the real property claim." (CCP § 405.32. )
The allegations of the complaint determine whether a "real property claim" is involved; no independent evidence is required. (Urez Corp. v. Sup.Ct. (1987) 190 Cal. App. 3d 1141, 1149.) A "real property claim" is any cause of action which, if meritorious, would affect: title to, or the right to possession of, specific real property. (CCP § 405.4.) Expungement of an improper lis pendens is mandatory, not discretionary. Thus, if the court finds the underlying claim is not a "real property claim" or that its "probable validity" has not been established "by a preponderance of the evidence," it must order the lis pendens expunged. (CCP §§ 405.31, 405.32.) The court may not order defendant to give an undertaking before expunging an improper lis pendens. (CCP §§ 405.31, 405.32.)
Here, the Petitioner has, in his amended Petition, asserted a real property claim. However, the Petitioner has not met his burden of proof to demonstrate a probably validity of his claims. The court notes that the only "evidence" submitted by the Petitioner is a declaration from the Petitioner's attorney which presents no evidence to support his claim that he is entitled to possession or title to the real property that is held in the trust. The court notes that the Respondent's theory that a beneficiary of a trust has only a "potential interest" is incorrect under the circumstances presented here. (See Empire Properties v. County of Los Angeles (1996) 44 Cal.App.4th 781, 787 [upon settlor's death, revocable trust became irrevocable and "the full beneficial interests in the property transferred to" the "residual beneficiaries of the trust"].) But, that is irrelevant to the instant case because of the Respondent has simply failed to present any evidence that he will prevail on his claims. Further, the Trust itself does not provide for the distribution of real property, but rather for "net income and principle." The power to determine income and principle is left to the sole discretion of the Trustee—in this case the Respondent.
Accordingly, the Respondent's motion is granted, and the Respondent's request for attorney fees is granted in the amount of $1,590. The Respondent shall draft an order consistent with this ruling.
10. MSC-183034 Autumn Hills v. Moran:
The hearing in this matter is continued to the Law and Motion calendar on January 27, 2015 at 8:30am in Department 19.


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DO-254 Compliance and Solutions: Including Outsourcing and Offshoring Aspects
On-demand Web Seminar
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In this session, learn about DO-254 principles and how to establish a requirements-based, high-quality design flow that supports the principles of DO-254 compliance.
RTCA/DO-254 is a recent design assurance standard for airborne electronic hardware. This is a challenging standard to comply with, and one that is affecting more and more companies across the globe, including India.
Compliance challenges can be compounded when working with customers across continents and without having a complete understanding of what compliance entails. The ability to establish compliant and highly productive design flows – whether it is an entire program, or simply the verification of a program-- can make the difference between companies that are successful in this market and those that fall by the wayside.
What You Will Learn
- History and Current State of DO-254
- DO-254 and Design Assurance Principles
- DO-254 Compliance Challenges (and specific challenges in the outsourcing model)
- Solutions to Aid DO-254 Compliance
- Answers to Frequently Asked Questions
About the Presenter
Michelle Lange
Michelle Lange, a 22 year veteran of the EDA industry, has spent her career working in numerous aspects of marketing and technical communications. Michelle is now the Marketing Manager for the System Modeling and Analysis (SMA) business unit in the System Level Engineering (SLE) division. In this role, Michelle is responsible for the market strategy and messaging for the SystemVision, SVX, and BridgePoint products. Prior to this, Michelle was the DO-254 and Design Assurance Program Manager at Mentor Graphics where she worked with customers striving to meet DO-254 (and similar regulatory compliance), the product teams within Mentor that developed the tools/features required for these flows, partners in the industry who offered complimentary services and tools, and industry organizations such as the DO-254 User's Group (in both EU and the US) whose participants focused on DO-254 issues. She also continues to be a member of the SAE S-18 committee, the group responsible for developing the system level development and safety-standards for civil aviation. Previous to her DO-254 focused role, Michelle held a variety of technical and marketing positions in several product divisions at Mentor including Design-for-Test and Design Verification. She has a BSEE (Maxima Cum Laude) from the University of Portland and MBA (Summa Cum Laude) from University of Phoenix.
Related Resources
Get Your FPGA Design out of the Lab Faster
We look forward to seeing you at this September webinar as we introduce new validation methods to help you instrument your FPGA design so that problems are easier to find as they happen.…View On-demand Web Seminar
Filling the Gap from DOORS Requirements through Component Design
IBM DOORS is nearly universally used by the Mil-Aero industry to capture and manage system level requirements. On the other hand, at the detail design stage DOORS is considered by most engineering teams...…View Technology Overview
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White Paper: Article in Electronic Design reprinted from April 2014 by renowned Verification Consultant, Dr. Lauro Rizzatti. The fundamental difference between commercial FPGA-based emulators and emulators based on...…View White Paper
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White Paper: Article in Electronic Design reprinted from October 2014 by renowned Verification Consultant, Dr. Lauro Rizzatti. The average design size today hits or exceeds 50 million application-specific integrated-circuit...…View White Paper


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41, Mobile, ALOccupation: Medical / Health Services; Height: 5' 4"; Eye Color: Brown; Hair Color: Brown; Political Vi...
52, Mobile, ALI am single because I have been very picky in what I am looking for in a mate for life. I do take this seriously and that is my reason. Faith is the foundation and the glu...
38, Mobile, ALWhat I'm passionate about...Of course family and friends. My faith which I am constantly working on. Treating people right. Sports in general, especially SEC football. Stayi...
20, Mobile, ALIf there is anything I am passionate about, it would be the Blessed Mother. I love that she is the Queen of the Family. Praying the rosary with my family lifts my spirits ever...
46, Mobile, ALI'm currently separated for a year. I consider myself to have a great personality,sincere,honest,caring and laid back.I do love my cowboy boots, but can dress for the occasion...
24, Mobile, ALI love my job and my dog. I like to bake and watch tv. I love to read. I want to give those who haven't had a chandler a chance in this world. Yup. That's me
79, Mobile, ALI have been widowed for more than 3 years, I had an exceptionally happy marriage to a wonderful professional man. We have 4 children, 3 sons and one daughter. They all have su...
53, Mobile, ALOccupation: Other; Height: 5' 9"; Eye Color: Blue; Hair Color: Blonde; Political Views: Unknown
29, Mobile, ALHi my name is Tony i am 28 years old, I have lived in mobile my entire life. My girlfriend recently passed away so i am looking for someone who enjoys the same hobby's as I do...
25, Mobile, ALi look forward to having a family and working for the things i will have in life and the only thing that is influential in my lfe is the father son holy ghost and mary but i l...
58, Mobile, ALHi my name is Lynn I live in Mobile Alabama no children love animals I attend Mass Daily all of my family have passed an I am in search of a friend Ilove the outdoors. And I e...
41, Mobile, ALI am sweet, funny, a tad sarcastic (in a nice way of course). I like to travel, impromptu day trips, quite evens at home, SEC football, the sound of my children laughing. I al...
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Justice and Law Enforcement:
[Comments on Grantee's Compliance with Appropriations Act]
B-258000: Published: Aug 31, 1994. Publicly Released: Aug 31, 1994.
Additional Materials:
- Full Report:
(202) 512-4800
Pursuant to a congressional request, GAO commented on: (1) a grantee's refusal to disburse part of its grant funds to another foundation for tree planting projects; and (2) whether the grantee's use of grant funds to pay legal and professional fees complied with statutory provisions. GAO noted that: (1) the appropriation provision that designated the grant funds to another foundation was ambiguous; (2) there was no legal authority permitting the recapture of grant funds legally disbursed to the grantee; (3) the foundation's grant should have been disbersed from no-year appropriated funds administered by the Forest Service for state and private forestry projects; and (4) the grantee's use of grant funds to pay for legal and administrative expenses complied with statutory requirements.
Nov 18, 2014
Sex Offender Registration and Notification Act:Additional Outreach and Notification of Tribes about Offenders Who Are Released from Prison NeededGAO-15-23: Published: Nov 18, 2014. Publicly Released: Nov 18, 2014.
Sex Offender Registration and Notification Act:Survey of Federally Recognized Tribes on Implementation of the Act (GAO-15-30SP, November 2014), an E-supplement to GAO-15-23GAO-15-30SP: Published: Nov 18, 2014. Publicly Released: Nov 18, 2014.
Nov 13, 2014
Alternatives to Detention:Improved Data Collection and Analyses Needed to Better Assess Program EffectivenessGAO-15-26: Published: Nov 13, 2014. Publicly Released: Nov 13, 2014.
Oct 10, 2014
Immigration Detention:Additional Actions Needed to Strengthen Management and Oversight of Facility Costs and StandardsGAO-15-153: Published: Oct 10, 2014. Publicly Released: Oct 10, 2014.
Sep 30, 2014
Bureau of Prisons:Information on Efforts and Potential Options to Save CostsGAO-14-821: Published: Sep 30, 2014. Publicly Released: Sep 30, 2014.
Sep 22, 2014
Bureau of Prisons:Management of New Prison Activations Can Be ImprovedGAO-14-709: Published: Aug 22, 2014. Publicly Released: Sep 22, 2014.
Jul 9, 2014
Bureau of Alcohol, Tobacco, Firearms and Explosives:Enhancing Data Collection Could Improve Management of InvestigationsGAO-14-553: Published: Jun 30, 2014. Publicly Released: Jul 9, 2014.
May 14, 2014
Law Enforcement Body Armor:Status of DOJ's Efforts to Address GAO RecommendationsGAO-14-610R: Published: May 14, 2014. Publicly Released: May 14, 2014.
Apr 30, 2014
Medicare Fraud:Progress Made, but More Action Needed to Address Medicare Fraud, Waste, and AbuseGAO-14-560T: Published: Apr 30, 2014. Publicly Released: Apr 30, 2014.
Mar 26, 2014
USDA Litigation:Limited Data Available on USDA Attorney Fee Claims and PaymentsGAO-14-458T: Published: Mar 26, 2014. Publicly Released: Mar 26, 2014.
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5 Patties For Poached Eggs
Jan 14, 2012 11:16 am
Give your eggs a break from English muffins
With all due respect to the English muffins and slices of toast that have previously housed poached eggs, this weekend requires something a little more substantial (fine, I drank too much last night).
With a little extra effort — and in the case of grits souffle, discovering the wonders of stiff peaks — you can plop your perfectly poached egg on a more worthy bed and enjoy them without having to listen to the inane brunch conversation of those around you. Psh, you would order another Bloody Mary (hint: by making one yourself you can prevent "watered down Bloody Mary syndrome.") Are you going to stick your fork in your friend's pancakes and yell "yoink" again? Ugh, hangovers.
- Crab burger
- Bubble and squeak cutlet
- Grits souffle
- Sweet potato latkes (that's right, they're not just for Hanukkah)
- Ham croquettes
More about:
Food Republic Newsletter
Vietnamese noodle soup, it's what's for breakfast
There's mussels and beer, sure. But so much more!
Save time and fridge space with this simple recipe
Somebody calculated the most nutrient-rich veg
Topped with classed-up garlic and lemon breadcrumbs
How sticky teeth inspired a superior new mixer
Stop everything and start deep-frying scallions
Meet notNeutral, innovators of coffee drinkware
Irish capital is awash in Guinness and fiddle tunes
Breweries use modern packaging to simply make noise


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Resources and Publications
Resource and Publication
Policymakers should do more to spur data-driven innovation in both the public and private sectors.
Advancing globally, cost-competitive clean energy solutions to climate change requires a shift from a...
We need an "innovation economics" approach to the budget that spurs growth through increased investments,...
The EU-U.S. T-TIP Agreement will only be fully successful if it fully maximizes innovation.
A thorough analysis of capital investment over the past three decades uncovers several troubling trends.
The use of localization barriers to trade, by numerous countries, threatens the global economy.
Congress needs to reauthorize the Federal Helium Program now in order to avoid idling a valuable public...
Neo-Luddites are once again blaming technology for job loss but the evidence shows they are wrong.
An infographic illustrating how to fund next-generation clean energy breakthroughs.
ITIF explains the difference between competitiveness, innovation and productivity in this policy memo.
Open is becoming a key economic development tool.
A new government report confirms benefits of digital trade for the U.S. economy.
Silicon Valley is a prime example of how geographically clustered R&D can transform an economy.
Despite optimistic claims, manufacturing jobs are not being reshored to the United States.
California ranks 3rd in 2014 SNEI.
Ideological fears of big business are bad for the U.S. economy.
A case between the US government and Microsoft reveals the shortcomings of international laws.
The U.S. faces a very real high-skill shortage.
This blog explores New York's controversial "BitLicense" regulations.
Since we do not need any more STEM workers we should just close universities.
Stephen Ezell presented at the Entrepreneurship and Innovation in Silicon Valley: Best Practices and...
Daniel Castro will speak about Internet governance in the global economy at an event sponsored by the U.S.-...
Doug Brake participated in the MMTC's Telecom Act Rewrite and the Potential Benefits to MWBEs and...
Daniel Castro will speak about the NSA's impact on the economy, information security, and Internet freedom at...
Stephen Ezell presented on advanced manufacturing at a NIST VCAT meeting.
How Canada's Policies Impact American Innovation and Competitiveness
This panel discussion investigated methods for speeding the path from research to market.
Matthew Stepp gave a speech at the 2013 Regional Meeting of the Federal Laboratory Consortium in Leesburg, VA.
Daniel Castro will speak at a webinar for the Association of Public Data Users on "Public Policy...
Stephen Ezell participated in a panel on Electronic Commerce and Data Privacy at the Frontiers of Economic...
COPPA restricts the development of a robust Internet ecosystem for children and should not be strengthened.
Strong leadership in cloud computing is necessary to remain globally competitive, advance technology in the...
The FCC should not extend its authority to regulate the software installed on mobile devices.
The implications for the U.S. economy as a result of China's strategic decisions should be clear.
Testimony before House Energy and Commerce Committee on U.S. manufacturing.
House Subcommittee Testimony Avoiding the Spectrum Crunch: Growing the Wireless Economy through Innovation
Spectrum policy needs to realign spectrum into a smaller number of larger allocations for general-purpose...
ITIF comments on the NTIA multistakeholder process to develop consumer data privacy codes of conduct.
The tax code should reduce ineffective exemptions and incentives while expanding effective ones focused on...
Regulators should create policies that protect privacy while minimizing burdens on businesses.
ITIF filed comments with the FCC in favor of Verizon's proposed purchase of spectrum licenses from a...
Conventional economics provides an increasingly poor guide for economic policy and should be replaced by an evolutionary economics framework.
Rob Atkinson contributed the chapter "Public Policy, Innovation and New Technologies" to the textbook "Guide to U.S. Economic Policy."
Robert Atkinson contributed the chapter "Innovation in Cities and Innovation by Cities" for the book "Creating Competitiveness: Entrepreneurship and Innovation Polices for Growth."
In a chapter for the new book Practicing Sustainability, Rob Atkinson wrote about sustainability from an innovation economics perspective.
"Innovation Economics: The Race for Global Advantage." This new book delivers a critical wake-up call: a fierce global race for innovation advantage is under way and the United States is running the risk of losing.
Daniel Castro contributed a chapter titled "U.S. Federal Cybersecurity Policy" in the book "Cybersecurity: Public Sector Threats and Responses."
Rob Atkinson contributed a chapter titled chapter "Who's Who in Internet Politics" for the book "The Next Digital Decade: Essays on the Future of the Internet."
Supply-Side Follies: Why Conservative Economics Fails, Liberal Economics Falters, and Innovation Economics is the Answer
Supply-Side Follies methodically debunks the common assumptions of conservative economics and demonstrates why it is a flawed doctrine that is setting up the U.S. for a major economic downturn in the near future.
Taking into account the historical record, the book discusses the shortcomings of prevailing liberal and conservative economic doctrines and lays out a new growth economics agenda aimed at maximizing the productivity and innovation-enhancing forces of the New Economy.


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Product Information
- Marvel Universe 3.75-Inch Action Figures from Hasbro
- Part of the Marvel Superheroes brand
- We recommend this product for ages 4 and up
from Hasbro
To show you the most accurate prices prices, TTPM only displays our pricing tool on products which we've reviewed in the past three years.
Let us know if you think we should continue to search for the best prices for this product.
We are giving away
a SpongeBob SquarePants Krusty Krab Attack
every day this week!


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|Total (w/tax)
|Total (w/tax)
Book Description:
Ships Beneath the Sea is the adventureous story of man's determination to build underwater vehicles for exploring the mysteries of the deep.More than just a popular history of submarines and submersibles, it looks closely at the men behind these inventions. From alexander's legendary diving bell in 350 BC today's nuclear submarines, they are all here in dramatic detail-the magnificent men and their diving machines.Burgess enhances this facinating evolution with over 100 historically rare line drawings and photographs of often bizarre underwater vehicles. This book records an exciting chapte of our nautical history with a well-deserved "hurrah" for the men who lived it."An enthralling tale of magnificent men and their marvelous diving machines."Spyglass Publications,
Tags: Engineering-Transportation, Transportation, Ships, History,


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That's right folks, there is NO grace or dignity in growing older. Things you take for granted are the very things you can't trust when you get old.
One thing is, we need naps. In our younger days we could party all night, run home and shower, go to work, rinse and repeat. That ain't happening when you get older. Now its, go to work, be thankful you work from home cause you are too tired to shower, where's my bed.


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3 Virginians chosen to participate in the fall White House internship program
Wrapping up a summer internshipComment
As the summer comes to a close, it's time for the interns to head back to school. However, there's a right way and a wrong way to wrap up your time with a company or business.
Condé Nast ends internship program after back pay lawsuit
When given the choice between paying or not paying their interns, Condé Nast has apparently decided to do away with them altogether.
Gawker sued by former interns for back wagesComment
Gawker Media, the company behind a series of wildly popular blogs including Deadspin, Jezebel, Gizmodo and Jalopnik, is the latest company to be sued by former interns who claim they were not fairly compensated.
Unpaid internship days could be over following judge ruling in NY caseComment
Unpaid internships have long been a path of opportunity for students and recent grads looking to get a foot in the door in the entertainment, publishing and other prominent industries, even if it takes a generous subsidy from Mom and Dad.
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The ABC7 I-team investigates cop cruiser crashesCop Cruiser Crashes happen more often than you think in the Washington area. Are officers being held accountable? And should you be paying the price? The I-Team investigates TONIGHT on ABC7 News at 11 after "Castle."


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Michael Brown's tragic death is a salient reminder that the United States is still far from being a racially just and equitable society.
New energy is transforming our cities into hotbeds of democracy and progressive innovation.
Alyce Santoro is an internationally noted conceptual artist. A former scientist, she creates multimedia "philosoprops" to draw parallels between seemingly disparate fields and to spark dialog about holistic approaches to challenges facing the environment and society. More at alycesantoro.com.


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Welcome To GMTruckClub.com!
The #1 Chevy Truck Forum Online
Online since 2004, we're the #1 Chevy Truck & SUV user community. If you have any questions about your Chevy or GMC Truck, SUV or Crossover, or just want to connect with other GM owners and enthusiasts around the world, you've found the best place on the internet to do that.
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Registering is Free and Easy! Do it today and we'll see you on the forums soon!
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Discussion in 'General Classifieds' started by Twiztidss, Mar 22, 2009.


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Wednesday, November 5, Malai Kitchen will host a special "Thai Me Up" dinner as part of North Texas Beer Week. The evening will highlight Malai's portfolio of house-brewed, Asian-style beers inspired by owners Braden and Yasmin Wages' travels through Southeast Asia. Chef Paul Singhapong of CrushCraft Thai will join Wages to create a six-course dinner with beer pairings. This is actually what has been an annual event, and the most authentic Thai-inspired meal you can have in Dallas. Continue reading
Tag Archives: West Village
Malai Kitchen Invites You To A Special Thai NTX Beer Week Dinner
Filed under Steven Doyle
Public School 214 Gastropub Opening In New West Village Development
Public School 214 is not the kind of public school you might be thinking of; it is a full-service restaurant and bar that delivers "An Education in the Art of Food and Beer." With the help of Jennifer Frank, Principal at Segovia Retail Group, Restaurateur Bob Spivak of Grill Concepts, Inc. is calling class into session this winter at the new 3500M Development in the West Village. Spivak is looking to bring his passion for quality gastropub fare and craft beer to Dallas. Spivak believes "Dallas is a great culinary city and perfect for what Public School has to offer."
PS214 will open at Forest City's new luxury residential development, 3700M in Dallas' West Village. The 5,000 square foot PS214 was designed by Grill Concepts Vice President of Architecture and Design, Mike Weinstock, alongside Kelly Architects. Continue reading
Filed under Steven Doyle
Buda Juice and LYFE Kitchen Opening in West Village This July
This summer in Uptown's West Village will see the grand opening of two socially conscious concepts, Buda Juice will open up shop July 3rd with LYFE Kitchen following on July 25, 2014. As the juicing phenomenon starts infiltrating the Dallas market, Buda Juice offers health-conscious customers a hand-squeezed juice experience that will leave you wanting more. LYFE, or "Love Your Food Everyday", includes a menu in which everything is 600 calories or less and boasts a fast-casual concept with prompt 10-minute serving time.
Filed under Jennifer Thomas
Wine and Grilled Cheese Pairing at Cork Wine Bar Tonight
by Steven Doyle
Stop by Cork Wine Bar tonight in West Village for a unique wine and cheese pairing, grilled cheese that is. Cork is teaming up with Ruthie's Grilled Cheese tonight for five in interesting wine and grilled cheese pairings from 7- 9pm.
The line up includes a Lone Birch Gewurtztraminer or Swallow Pinot Noir paired with "The Classic", Alias Chardonnay or Boxhead Shiraz paired with "The Turkey Trot", Birichino rosé or Domaine Pierre Guindon Cabernet Franc paired with "Italian Hippie", Bucci Verdicchio or Ca' del Baio Nebbiolo paired with "Pizza Please", and Amizetta Sauvignon Blanc or Manos Negras Carmenere paired with "Reuben the Great". This all sounds like plenty of fun, and very tongue in cheek. Continue reading
Filed under Steven Doyle
Village Burger Bar To Open New Location On Inwood In North Dallas
Most likely you have had their burger. They landed on our mega burger list we ran last year, and have multiple locations across the city. Village Burger Bar makes a quality burger, along with some of the better fries around. Now owners Mike and Susan Matta are announcing their fourth location will open Tuesday, October 22nd in North Dallas. The new location is across the street from Jesuit College Preparatory School of Dallas – at 12300 Inwood Road.
Co-owner, Mike Matta says, " We sought to create a neighborhood burger-centered concept that's offerings, environment, staff and price point made it appeal to a larger audience. Our panini sandwiches, salads and starters were not an afterthought. When we opened in The West Village, we knew that many of the tenants and center employees would be visiting multiple times per week. With that in mind we were careful to craft a menu that allowed them to enjoy a unique experience each visit. We have guests that come in multiple times per week because of the variety of menu items we offer." Continue reading
Filed under Steven Doyle
Matching Wine and Food: The Case of Thai and Vietnamese Cuisine
I received an email from Malai Thai-Vietnamese Kitchen last week. They explained that they had revamped their wine list to make it more friendly to the Thai-Vietnamese recipes on the menu at their popular Uptown restaurant. Would I like to come and check it out?
I did not need to be asked twice. It is so good to see an Asian restaurant make a conscious effort to match their wine list with their food. So many just let their wine distributor load them up with overpriced jug wines and 'restaurant only' mediocrities. That makes me prefer to dine at the Asian restaurants that simply kick the whole issue into the long grass and say BYOB! Now, one of the most creative Asian restaurants in Dallas takes the issue really seriously. Hopefully, it will be the start of a trend. Continue reading
Filed under Andrew Chalk
Malai Thai-Vietnamese Kitchen Hosts Special Dinner Featuring Chef Paul Singhapong
One food event I look forward to each year is a special dinner hosted by Malai Kitchen owners Braden and Yasmin Wages. The talented couple run what Yasmin calls an upscale mom and pop restaurant located in the West Village. For the past three years they have been open they have called upon their mentor Thai chef Paul Singhapong into their kitchen to create a special one of a kind Thai dinner. Do not feel left out that you did not attend this dinner because we gave you plenty of notice to buy seats before they sold out.
Now retired, Singhapong has worked in top kitchens throughout Dallas and San Francisco and serves as consulting chef for Malai. The chef's name is synonymous for amazing Thai cuisine, and for a handful of guests we were enlightened a bit further into this special style of cookery. For this dinner Singhapong tapped into all the resources available, including a special fishmonger out of Louisiana, and even in the chef's own garden where he grows his own herbs for just such special occasions. Continue reading
Filed under Steven Doyle


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Played, coached under Mike Shanahan previously Brad Biggs
Danny Smith lasted a long time as the special teams coordinator for the Washington Redskins, across the stays of three head coaches.
But he wasn't going to remain forever and change is on the way as Smith has departed to join the Pittsburgh Steelers and Redskins coach Mike Shanahan has hired one of his top special teams players from Denver as a replacement.
Keith Burns will be the news special teams coordinator for the Redskins, according to the Washington Post. He was an assistant special teams coach for the Broncos, where he has worked since 2007. Burns was a linebacker and standout special teams player for Shanahan in Denver and then the head coach gave him his start as an assistant.
It is a homecoming for Burns, who played high school football at T.C. Williams in Alexandria, Va., the school that spawned the movie "Remember the Titans."
Follow me on Twitter: @BradBiggs
Brad Biggs covers the Bears for the Chicago Tribune
NFP's Introduction to Scouting Class is now registering for our Winter sessions! Save $200 if you register before December 1st! REGISTER NOW!
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NOV 26 Joel Corry
Inside a performance-based contract
Elvis Dumervil will be handsomely rewarded after his big night in New Orleans.
NOV 25 Jeff Fedotin
Does Mike Evans deserve Rookie of the Year?
Tampa Bay wide receiver has a TD in four straight games.
NOV 20 Joel Corry
Will there be first ballot Hall of Famers in 2015?
A detailed look at the eight candidates vying for that unique honor.


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This was probably one of the most splendid hotels I have ever been too. It truly is palatial!!!
The hotel is magnificent, just breathtaking to look at, the suites are gorgeous, clean and massive you feel like royalty. The food is also sublime; our breakfast was just exquisite, well cooked and a fantastic selection. The service was also very good; the hotel staff were attentive and eager to please. There is nothing i can say that will do it justice, for the price you pay, you get an amazing experience, and the experience felt like I was living in my very own palace. Extremely serene, the ambiance is perfect and situated in gorgeous grounds. A must is having breakfast outside on the balcony and taking in the view.
There is very little you can fault Sovereign Suites with, for me it is the only place I would stay in Nairobi, but the only negative thing is that it is far from the city centre. About a 30- 40 minute drive by taxi, and for anyone who has stayed in Nairobi you will find for a tourist, taxis do not come cheap. It is also difficult for taxi's to find the place, as it is situated on a very long road which caused a lot of confusion for the drivers. Feedback I would give to the hotel is to try and get the destination more referenced to local taxis.
Other than this- absolutely fantastic, please don't hesitate to book this hotel it truly is gorgeous and honestly worth what you pay.
- Official Description (provided by the hotel):
- Experience true luxury and relaxation in the heart of Africa at Sovereign Suites. This five-star Kenya boutique hotel features just 14 suites, ensuring that each guest will have personalized service and feel completely at home. Set on six private, well-manicured acres of land, the property features a large lake and possible animal sightings in the morning. Sovereign Suites is an aristocratic Colonial Building on 6 acre land with two acre private fish dam surrounded by lush Tea and flower farms. The hotel marks the debut of a new luxury hotel under the Preferred Hotels - Boutique Hotel ... more less
- Reservation Options:
- TripAdvisor is proud to partner with Booking.com, Hotels.com, Expedia, Agoda, Travelocity, Venere, Odigeo, Despegar.com and Tingo so you can book your Sovereign Suites, Nairobi - Sun Africa Hotels reservations with confidence. We help millions of travelers each month to find the perfect hotel for both vacation and business trips, always with the best discounts and special offers.


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is focused on exploring the Northern Territory and Queensland
for multi-commodity mineralisation.
Receive latest news about Eclipse direct to your inbox.
About Eclipse Metals
Eclipse Metals Ltd is an Australian exploration company focused on exploring the Northern Territory and Queensland for multi-commodity mineralisation. The company has an impressive portfolio of assets prospective for gold, manganese, iron ore, base metals and uranium mineralisation.
The Company's mission is to increase Shareholder wealth through capital growth and ultimately, dividends. Eclipse plans to achieve this goal by exploring for and developing viable mineral deposits to generate mining or joint venture income.
Exploration of the Company tenements is the primary focus for our technical team, however Eclipse continues to seek additional prospective projects which complement existing assets.
Latest Announcements
|Release Date
|30 Oct 2014
|Notice of 2014 Annual General Meeting and Proxy Form
|29 Oct 2014
|Final Directors interest for Mr Barton
|29 Oct 2014
|Resignation of Non-Exec Director
|28 Oct 2014
|September 2014 Quaterly Activity Report
|26 Sep 2014
|June 2014 Annual Report
View Our Projects
Eclipse Metals Limited holds an impressive portfolio of over 24,000km2 over 42 Exploration Licence areas in the Northern Territory and Queensland.Overview


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Tel: (310)324-8732
St. Catherine Laboure Parish School is a Catholic school offering kindergarten through 8th grade curriculum and welcoming to all faiths.
We serve the families of Torrance, California, and the surrounding cities.
The school seeks to build a community of faith, to understand the gifts of our students, to integrate the teachings of the Church, to foster respect, to lead by example, and to appreciate parents as the primary educators of the students in our care.
St. Catherine Laboure Catholic School provides a diverse and challenging curriculum in a community rooted in the teachings of Jesus Christ and the traditions of the Catholic Church.
Lesson plans for all academic subjects are constructed within the framework of the State of California Curriculum Content Standards.
St. Catherine Laboure School provides a safe, nurturing environment in which students are inspired to develop their talents, to serve others, and to make a difference in the world.
School Overview
|School Membership(s)School Assoc.
|National Catholic Educational Association (NCEA)
|Religious Affiliation
|Roman Catholic
|Grades Offered
|Grades Prekindergarten - 8
Student Body
|Total Students
|423 students
|Student Body Type
|% Students of Color
State avg.: 43%
|Students by Grade
Academics and Faculty
|Total Classroom Teachers
|20 teachers
|Student : Teacher Ratio
National avg.: 13:1
|Admission Deadline
|None / Rolling
Nearby Schools:
All Schools | High Schools | Elementary Schools | Preschools | Public Schools
Show me:
- School Location Miles Students Grades
GardenaVan Ness Nursery School & Kindergarten
15408 Van Ness Ave
Gardena, CA, 90249
(310)323-4956Daycare / Preschool (Christian)0.7 mi | 17 students | Gr. PK-KG
GardenaGardena Christian Academy & Preschool
16311 S Western Ave
Gardena, CA, 90247
(310)527-0348(Assembly of God)0.9 mi | 30 students | Gr. K-5
GardenaGardena Academy
16219 S Western Avenue
Gardena, CA, 90247
(310)532-4850Montessori School0.9 mi | 19 students | Gr. 1-11
GardenaJunipero Serra High School
14830 Van Ness Avenue
Gardena, CA, 90249
(310)324-6675(Roman Catholic)1.1 mi | 600 students | Gr. 9-12
GardenaSaniku East West Language School
16110 La Salle Ave
Gardena, CA, 90247
(310)532-3770Special Program Emphasis (Presbyterian)1.1 mi | 143 students | Gr. KG-6
School Reviews
Area Statistics
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Updated October 26, 2014
What do you do when you are dissatisfied with your local public schools? Homeschool your children? Send them to private school? Let's look at your options.
Your religion matters to you. You want your child to attend a school which will combine academics and religious education. Here is an overview of what is available together with some links to denominational web sites.
Add things up and you'll quickly find the answer- math is crucial both in academics and the real world. By following these strategies and following personal training programs, students can uncover their weaknesses and conquer math.
More ArticlesWhy Private School, Elementary Issues, Paying For It, Choosing a Private School, Opinion


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Remember Me
Most of us say "thanks" without thinking.
TIME: 12 noon
EVENT: The Health Leadership Council holds a briefing on "HIPAA (Health Insurance Portability and Accountability Act) 101: What You Need to Know about Health Information Privacy and Related Issues."
DATE: March 20, 2014
LOCATION: 2168 Rayburn House Office Building
CONTACT: email@example.com [Note: RSVP required.]


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Enjoy the vibrant spirit of Colombia. Folgers Gourmet Selections® Lively Colombian Coffee has the full-bodied taste and aroma of an exotic gourmet coffee without all of the caffeine.
Available Sizes:
Lively Colombian Decaf K-Cup® Packs
Traditional Blend
Frosty Mocha Coffee
Coffee Caramel Flan
for tweets about brighter mornings
Try brand NEW bakery-inspired flavors
Experience NEW Black Silk Decaf
coffee news, recipes, and more


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Gloss Paint
What is the best way to get gloss paint off a solid door (Front Door). I have considered taking it off and getting it dipped but there is the whole surround either side that need to be stripped also.
Tried a blow torch but afraid of damaging/scorching the wood.
I have used the torch method
I have also used the chemical method
I strongly recommend the chemical method
|All times are GMT -5. The time now is 12:57 AM.
Copyright © 2003-2014 Escalate Media LP. All Rights Reserved


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Key Account Manager Jobs in Washington
1000+ Washington Key Account Manager jobs found on Monster.Jobs 1 to 20 of 2174
Warner Bros. Home Entertainment Inc. seeks a Key Account Manager, Amazon for the Sales department. JOB RESPONSIBILITIES Achieve customer physical and digital sales goals for both film and non-film business by effectively presenting titles and programs, developing profitable promotions, and negotiating title placement and promotion. Evaluate promotion performance by measuring lift across various ...
Stryker Communictions Seattle, WA
Job Description/Information: Key Accounts Manager Meet and exceeding sales objectives for a specifically defined territory. Represent Stryker as an industry/market leader by working with a sophisticated audience comprised of surgeons and healthcare professionals. Act as a liaison between Stryker Corporation and customer hospitals and/or physicians. Present and work on special projects that help ...
Radiant Zemax is looking for a dynamic, experienced, and self-motivated business development manager with documented success in high-technology sales for our Key Accounts Sales Manager position. This is an exceptional opportunity to join a small, yet highly effective sales leadership team and grow your career! This position reports to the Vice President of Key Account Sales and is located in Redm...
Philips Bothell, WA
Key Account Manager Your Challenge This role will be responsible for providing comprehensive sales and service support to Philips Lifeline Home Monitoring Business 2 Business (B2B) customers. You will be responsible for meeting and exceeding revenue growth objectives, as well as for acting as the primary service contact point for assigned programs (customers) within the assigned sales territory ...
Columbia Distributing Kent, WA, 98031
Description General Description: Key Account Manager will be responsible for managing the assigned chain business including pricing, distribution, promotion and achieve the company and supplier goals. Principal Duties and Responsibilities: Achieve Revenue and Brand Goals by planning the chain business in conjunction with supplier and company goals. Achieve Account Business Plan Goals, includi...
Boeing Tukwila, WA
Requisition Number1400002788en Requisition Number1400002788en1400002788en Requisition NumberRequisition Number1400002788en-1 Primary Location:Primary Location: Tukwila, Washington, United States Other Locations:Other Locations: Tukwila;Washington;United States-Chicago;Illinois;United States-Huntington Beach;California;United States- Job:Job: Publ and Graphics Arts Job DescriptionJob Descript...
Secure a unique opportunity to expand your skills while selling cutting edge technology in a rapid growth industry! As a Key Account Sales Engineer at Radiant Zemax, you will partner with an experienced Key Account Sales Manager to work with some of the largest and most respected companies in the world. This dynamic role offers the passionate salesperson an opportunity to further develop their ta...
Schneider Electric Seattle, WA
Join Schneider Electric and power your career! Discover the opportunity to join an international, dynamic, and responsible company that fosters the development of all its people around the world. Every day, we empower employees to achieve more and experience exciting careers. Find out how our values and unique position make Schneider Electric the employer of choice. This position is accountable...
Regus Seattle, WA, 98113
The Key Account Director ( KAD) works in an area and is responsible for identifying and growing revenues through sourcing and introducing opportunities from new trading companies. These companies should be educated on how we can help their organizations and be developed to trade with Regus. The individuals appointed to these roles will be primarily tasked with; ( a) Pitching and growing new comp...
Schneider Electric Seattle, WA, 98113
Join Schneider Electric and power your career! Discover the opportunity to join an international, dynamic, and responsible company that fosters the development of all its people around the world. Every day, we empower employees to achieve more and experience exciting careers. Find out how our values and unique position make Schneider Electric the employer of choice. This position is accountable...
Position Summary Responsible for increasing the Professional Services Revenue for the assigned accounts and region per the assigned quota. This includes proactively contacting existing customers' maintenance renewal opportunities and building positive relationships with F5 Channel and Distribution partners. This role typically requires 3+ years of previous relevant account management experience a...
Built as the first genuine 10-second mobile giving solution, with an amazing web option to match. Push pay® is a simple digital giving platform designed specifically to increase giving across your ministry. Pushpay's e-church is the exclusive supplier of churches and non-profits, currently serving hundreds of church partners across the United States, Australia and New Zealand. Are you interested...
Johnson & Johnson companies are equal opportunity employers. Associate Clinical Account Specialist – Seattle, WA - Biosense Webster-7700140918 Description Biosense Webster, Inc (BWI), a member of Johnson & Johnson's Family of Companies, is recruiting for an Associate Clinical Account Specialist in the Seattle, WA region. Hi-Tech meets Medical Devices at Biosense Webster! If you want to work wi...
In more than 85% of America households, consumers reach for Pinnacle Foods brands. Pinnacle Foods is a Top 1000 Company as ranked by Fortune Magazine. We are a leading producer, marketer and distributor of high-quality branded food products, which have been trusted household names for decades. Headquartered in Parsippany, NJ, our business employs an average of 4,400 employees. We are a leader in t...
As America's Un-carrier, T-Mobile US, Inc. (NYSE: "TMUS") is redefining the way consumers and businesses buy wireless services through leading product and service innovation. The company's advanced nationwide 4G and 4G LTE network delivers outstanding wireless experiences for customers who are unwilling to compromise on quality and value. Based in Bellevue, Wash., T-Mobile US operates its flagship...
Attention Prior Military Personnel History of ADKOS ADKOS is a veteran owned and operated business specializing in vehicle care & storage of personally owned vehicles (POV) for our military since 2002. Our services are fully reimbursable for personnel on qualifying Temporary Duty and Permanent Change of Station orders. ADKOS provides secure/garaged storage and quality preventive maintenance to e...
SUMMARY The Accounts Receivable Manager will direct the accounts receivable and cash receipt functions in a shared service environment. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following and may be performed personally or through others. Other duties may be assigned. · Hires, supervises, and manages the accounts receivable staff · Directs bank to optimize lockbox deposits and timely p...
NOTE: This position requires pharmacy experience, CPht preferred Integra, Inc. in Anacortes, WA is a rapidly expanding software company housing nearly 100 employees, international sales team, and growing revenue base annually. A mainstay in the Long Term Care Pharmacy industry for over 10 years Integra is an established development, IT, and support center for multiple project teams in which we ar...
Williams Scotsman, Inc. is a leading provider of space solutions for the construction, education, energy, industrial, commercial/retail, healthcare, and government markets. With operations in the United States, Mexico, and Canada and serving more than 25,000 customers, Williams Scotsman operates a fleet of nearly 100,000 modular space and secure storage units that are leased through a network of m...
As you know, at ConAgra Foods, we make great food - everyday food - in extraordinary ways, which is why we are creating meaningful career opportunities for the best and the brightest. Job Summary The primary purpose of this position is to manage and lead the financial accounting group that supports the company's Lamb Weston business segment. Responsibilities include balance sheet analysis and r...
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Sales Career Tools
Sales Executive
$31,680.00 - $190,740.00
Typical Salary for Sales Executive in Washington
(474 Respondents)
Source: Monster.com Careerbenchmarking Tool
Education / Training
Some College Coursework Completed
High School
(373 Respondents)
Source: Monster.com Careerbenchmarking Tool
Sales Executive
Builds business by identifying and selling prospects; maintaining relationships with clients.
Rate of Growth
15.70 %
Size of Industry in 2006:
Source: Bureau of Labor Statistics, May 2006
Related Skills
Client Relationships
Closing Skills
Computer Proficiency
Conceptual Thinking Skills
Related Duties
Maintains quality service by establishing and enforcing organization standards.
Coordinates complex decision-making processes and overcomes objections to closure.
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upcoming events
select an event below to
find out more about it
have an event idea, questions or comments? email us!
13th Annual Santa StumbleSaturday, December 6, 2014
This is the crawl that started it all - now in it's 13th year, the Santa Stumble is the best way to get into the Holiday Spirit!! Join hundreds of revelers as we "stumble" to some great Orlando Bars and enjoy some holiday spirit.
Make sure you are in the spirit of things by dressing up as your favorite Holiday character - it can be Santa, Frosty, Rudolph, or whomever - it is not required, but strongly suggested that you dress up in holiday attire!!
Event Schedule:
7pm - Chillers and Big Belly
8pm - Latitudes and Big Belly
9pm - Whiskey Dicks and Chicos
10:30pm - Attic and Basement
12am - Ember
You MUST check in at the first bar to receive your "Stumble Tag." This tag gives participants entry to each bar without a cover and 1 drink at each bar.
This event will sell out. We strongly suggest registering online prior to the event.


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Find records of Candida Rivera-Diaz
Find birth, death, marriage, military, and other records of Candida Rivera-Diaz at Ancestry.com.Search for records
Biography & Family History Add details
Candida Rivera-Diaz (1921 - 1988) was born on January 15, 1921. She was born into the Rivera-Diaz family.
There are no known spouses or children on record for Candida. Candida died in April 1988 at age 67.
Candida Rivera-Diaz's last known residence is at San Juan, San Juan County, Puerto Rico.
The data on this page comes from the official record for Candida Rivera-Diaz in the SSDI (United States Social Security Master Death Index). What is the SSDI?
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Possible Relatives
- Charles Cloutier
- ·
- Francois Cloutier
- ·
- Genevieve Moreau Cloutier
- ·
- Genevieve Cloutier Verreau
- ·
- Louise Cloutier Cauchon
- ·
- Jean Busque
- ·
- Paul Verreau
- ·
- Antoine Dorval
- ·
- Antoine Ignace Nadeau
- ·
- Genevieve Crepeau Dorval
- ·
- Romaine C Raine
- ·
- Joseph Berube
- ·
- Pierre Berube
- ·
- Augustin Goupille
- ·
- Joseph-Marie Cloutier
- ·
- Agnes N
- ·
- Genevieve-Eleonore Cloutier Belisle
- ·
- Marie-Joseph Cloutier Boucher
- ·
- Marie-Charlotte Lessard Cloutier
- ·
- Jacques Cloutier
- ·


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After the Sharepoint 2007 site has been migrated to Sharepoint 2010, on creating any new site or document library we hit upon a strange issue that said "User Cannot Be Found" error message. After endless hours of breaking our head we found out the the issues was due to difference in way the user names are handled between classic and claims authentication. Finally we got a break through by updating the Function within the Sharepoint database that reads the user info.
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There's always someone to hold down and punish when you feel less than it's called racism, fear based, a terrible brew.
Sandy's Christmas memories! I didn't know she had any!
Applying #justice the gorgeous @ladyPjustice from @theelixery rock on sisters!
The years go by and leave us with the melancholy that never goes away #JFK


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... Only one week away!
You know the drill:
Who wants it most?
Also, the Flyers suck.
... Only one week away!
You know the drill:
Who wants it most?
Also, the Flyers suck.
2014 Goals:
1) Win the next game.
2) See goal #1
"The problem with internet quotes lies in verifying their authenticity."
-Abraham Lincoln
It's almost that time of year. Should be another fun season. Let's go Flyers!!
Go Panthers!!!!
I must be their only fan on here.
All about the Maple Leafs this year!
Habs got it this year, best chance I think I've had at one of my teams making so moves.
Sign: Daryn Colledge
Draft: 1. LB Ryan Shazier 2. OL Joel Bitonio 3. WR Donte Moncrief 4. OL Brandon Thomas 5. OT Laurent Duvernay Tardif 6. RB Bo Oliver 7. TBD
LT Albert LG Smith C Pouncey RG Colledge RT Bitonio
Datsuyk already out 4 weeks. My Wings can't possibly get hit with injuries the way they did last season can they?