text:
Tube Heat Exchanger Titanium - Chinaprice: contact company for price
1) Materials:
A) Titanium tube (TA2)
B) Tube plate is laminated with titanium and carbon steel
C) Other parts are made of carbon steel
2) Max. Generator unit: 600, 000MW
3) Design parameters: Under normal temperature and pressure
4) Applications: In thermal power plants, using the heat exchange between Seawater and the steam, discharged from the steam turbine to ensure the Vacuum of the turbine and improve the efficiency
5) Can be transported in bulk
6) Circular condenser can be integrally transported
Company Contact:
- Posted By: Baoji Tianbang Titanium & Nickel Co., Ltd.
- Phone: 8615191737105
- Address: Shaanxi, Baoji, China
- Email:
Published date: November 8, 2013 -
- Business Description: If you are looking for titanium, nickel and zirconium fittings, pipes, elbows, tees, reducers, flanges, caps, welding rings, gaskets, coils, serpentine tubes. And also non standard and chemical equipments, liquid storage tanks, cooling towers, mixers, filters, evaporators, heat exchangers, etc., welcome to contact me.
We have profuse designs with high level of quality and our price is very competitive. And we are more than 18 years experience in the industry.
Best regards
Facebook :https://www.facebook.com/BaojiShundaTitaniumNickelCoLtd?ref=hl
Twitter: https://twitter.com/liufan1123
Baoji Tianbang Titanium & Nickel co.,Ltd.
Mibole:+86 15191737105
Skype: bjtbtn QQ:1621319484
TM: cn1001473495
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text:
Gerd Materlik, Diamond Light Source
Part of the show Day to Day Diamond
Gerd Materlik Hello, Im Gerd Materlik and I am the Chief Executive of Diamond Light Source. I have started with the company from the beginning, planning it, building it, we now have more than 400 employees and also after building the experimental installations we then started operations producing science really and studying things with a broad variety of different scientific fields. And thats where we are right now.
Meera So youre well and truly rooted in the past and future of Diamond. So can you tell us more about the culture of Diamond, really the types of people you have working here and the variety of departments maybe and disciplines?
Gerd Yeah, its wonderful to work with all kinds of different people and if I say we have more than 400, that doesnt include our Users. We have more than 2000 different Users coming to us from all over the World. And this year, we have celebrated the United Nations of Diamond. Every week a different Nation, and it was great.
Meera And what about the people housed here at Diamond on a regular basis, because theres quite a variety on the actual roles within, there are people doing research here perhaps, there are engineers here, there is such a variety of actual positions here at Diamond.
Gerd Yeah, there are the different divisions of course, starting from Finance, Corporate Services, to Communications, Health and Safety, Industrial Liaison, Science Division, Technical Division, Accelerator People and so on. And they all work together in order to achieve the common goal.
Meera And what about your role here at Diamond? So youre the Chief Executive, currently youre really I guess, having to overview a wide range of different scientific disciplines in different fields of science taking place here, but whats your actual background, what scientific origin are you from?
Gerd Im a physicist really and my special field was Surface and Interface science physics. So that is where reactions are really happening, life wouldnt be here without interfaces and surfaces because that is where it all started. When I leaned about the synchrotron light, very early as a PhD student, when I once heard a talk of a now famous physicist from Spain, and he described synchrotron radiation to me at the seminar and I was immediately on fire and said that is what I want to do, I went to see this advisor and said I want to go to, what was then Hamburg, the only synchrotron and I want to play around with this light, this realistic light, its wonderful. I want to see it really and that got me triggered.
Meera And hooked you?
Gerd And it hooked me. Theres a saying in the community, once youve got the synchrotron virus, you never get rid of it.
Meera And so now your role, I guess, is spreading this synchrotron virus to people who work here at Diamond, but also outside of Diamond to get them in for various, perhaps the trainee schemes and PhDs that are on offer here as well.
Gerd Yeah, I dont see it like spreading a virus, I really think that they love to get it. Im really always pleased to see students and young students and we also have school classes visiting the Diamond and I love to see them and asking, on a open day, a youngster what to you want to be and he said A scientist for sure. And I dont know any scientists who really regret it, to go into this field and thats also true for technicians and engineers and I think even people in administration supporting the scientists, they get part of the virus as well.
Meera And just lastly, I guess, what are some tips then that you give, or you would give, to these children, these pupils that you see as they come to visit Diamond or perhaps anybody else that is contemplating a career in science? What are some suggestions to help them advance in this field?
Gerd First thing, they should always do what they like to be doing and they shouldnt be scared. Its like learning to play a piano, yes, you have to practice and if you dont practice, you will never play the piano well. And its the same in science, you have to practice, you have to learn things and at the end then you can apply these things and thats what we are doing. So just look at it and dont be scared, its wonderful at the end.
Meera Gerd Materlik, Chief Executive of Diamond Light Source.
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Silver Lake NC Businesses For Sale
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CNC Precision Machine Shop, with Real Estate Avail #458434 posted Nov 23, 2016
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The owner of this CNC Machining business is ready to retire. Most of the work they currently do are on pumps and shafts. There are 4 CNC Machines (2 are Mazak's and one is an Ameri Seiki while the fourth is a hi end Korean brand). There are 3 machinists with hourly wages ranging from $16 to $25...
Upscale Niche Retail Business w/Operating History #457861 posted Nov 15, 2016
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This is a unique opportunity to own a business with over 35 years operating history in one of the most sough after locations along the Grandstand. The business is located on a major highway and offers excellent visibility to the millions of tourists that come through the area. Customers are immediately...
Disaster Restoration Franchise – Established #456237 posted Oct 20, 2016
- Wilmington, North Carolina, United States
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This independently owned and operated national franchise has provided disaster mitigation and cleanup services for the benefit of insurance companies' customers in a desirable and growing area of Southeast North Carolina. Services include: Fire damage, Water damage, Bio Clean up, Mold Removal, Commercial...
Flowers Bread Route, Myrtle Beach, South Carolina #454442 posted Sep 22, 2016
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Flowers Bread Route distributorship for sale $175,000! Company financing with an estimated $117k down! Currently grossing an estimated $632,996 per year in sales and nets $95,339! Distributorship and "protected territory" are purchased through independent distributor and contracted through Flowers Bakery....
Established Chiropractic Practice 13 Yrs, $350,000 #453934 posted Sep 15, 2016
- Myrtle Beach, South Carolina, United States
- $350,000
A top, reputable Chiropractic Practice, established locally more than 13 years, with good, trending revenues and increased patient growth and visits. Situated centrally in a food anchored center with great highway access between business-hospitality districts and suburban family communities. Growth...
Very Profitable Niche Construction Business #352630 posted Mar 20, 2014
- Myrtle Beach, South Carolina, United States
- $1,200,000
This a rapidly growing, niche construction business that has become available for purchase of acquisition.The sellers started this business in 2006 and have seen significant growth each year of ownership. If you are looking for a growing business in the construction field, this is an outstanding opportunity...
Coastal North Carolina Quick Lube Service, With RE #352070 posted Mar 13, 2014
- Jacksonville, North Carolina, United States
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Quick Lube - Oil Change, Inspections, Tire Rotate & Balance, Fuel Injection Cleaning, Air Filters, Wiper, Blades, Batteries, Radiator Flushing & Fuel Filters. A recent appraisal of the property places the value at $570,000. The high real estate value means we can get you 10% down long term financing....
Myrtle Beach Furniture Distributor/National Brands #334291 posted Jun 24, 2013
- Myrtle Beach, South Carolina, United States
- $25,000
Purchase this Area Marketing Development and Distributorship from a growing national furniture company. 30 year old proven business model of selling name brand quality furniture as sold in your local furniture stores but with a higher profit margin. Area Marketing Developers (AMD's) distribute to furniture...
Nationally Branded Franchise Restaurant for Sale #316702 posted Nov 10, 2012
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Embroidery Business Is A Great Opportunity! #223937 posted Jan 26, 2011
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This business provides embroidery and heat transfer items to businesses and individuals. Most customer contact is currently by phone and at customre locations. The business opened in 1997. New owner would benefit form contracts that are lined up. There is great potential to capitalize on contacts...
Golf Pro Shop #223909 posted Jan 26, 2011
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Let your passion make you money! Well established local golf pro shop. 14 years in the Myrtle Beach Area. Great opportunity to capitalize on a tourist market.
Beautiful Italian Restaurant! #223612 posted Jan 26, 2011
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This is a great opportunity for someone that has always wanted to own their own restaurant! Restaurant offers a beautiful piano bar and is an extremely inviting environment for customers. There has been a restaurant in this location for many years, and the previous owner did over $400K in gross sales....
Well Known Speciality Furniture Store #222802 posted Jan 26, 2011
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Well known, local specialty furniture store in Myrtle Beach needs to sell immediately. The owner has other interests that require the sale of this historically strong store. Specializes in outdoor and patio furniture, along with hot tubs, pool tables, and playground furniture. Exclusive rights to...
Auto Repair Specialists!` #222643 posted Jan 26, 2011
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art gallery #222059 posted Jan 26, 2011
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This a wonderful, well known and established, local hardware store in Myrtle Beach, SC. A very strong history of both annual sales and cash flow. You have the opportunity to build on 40 years of success! Partnering with a national buying group is a possibility that might help secure financing. Small...
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Very Profitable Heating and Cooling Business #221679 posted Jan 26, 2011
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Dry Cleaner Great Reputation with Two Locations #221573 posted Jan 26, 2011
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Large Commercial Laundry W/ Established Contracts #221465 posted Jan 26, 2011
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Great Rental Business with Multiple Locations #221146 posted Jan 26, 2011
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Did you know that social networking is a great way to buy a business? Sign up now and we'll show you how.


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For a look that will never go out of style, you should add the Decoy men's polo shirt to your summer wardrobe. This lightweight Polo shirt injects a little classic fashion into your wardrobe.
Cut with a two button neck and collar, this top has simple accents at the edge of the collar and contrast buttons too. The short sleeves will help you keep cool and the simple side hem splits complete the design.
This polo shirt comes in black or purple for a simple understated design. Pair it with shorts and you'll have a great summer look, ready to go.
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United States District Court, E.D. California
September 9, 2014
MARTINI E RICCI IAMINO S.P.A. CONSORTILE SOCIETA AGRICOLA, an Italian Company, Plaintiff.v.TRINITY FRUIT SALES COMPANY, INC., a California Corporation, and DOES 1-20, Defendant.
ORDER ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Doc. Nos. 35)
ANTHONY W. ISHII, Senior District Judge.
This case stems from the provision of kiwi fruit from Plaintiff Martini E Ricci Iamino S.P.A. ("M&R") to Trinity Fruit Sales Company, Inc. ("Trinity"). The active complaint is the First Amended Complaint ("FAC"). This Court previously granted summary judgment in favor of Trinity on three of the FAC's five causes of action, and then gave Trinity permission to file a second motion for summary judgment on the two remaining causes of action. See Doc. Nos. 32, 34. Trinity now moves for summary judgment on the account stated and book account causes of action. For the reasons that follow, the Court will grant the motion and close this case.
M&R is an Italian company that grows kiwi fruit on its property in Italy. See PUMF 1. Andrea Martini ("Martini") is the Vice President of M&R. PUMF 2. Gary Raden ("Raden") and Stefano De Nadai ("De Nadai") worked together and were something between an agent and broker for M&R. See Raden Depo. 8:15-10:10, 66:11-66:18. Raden explained that they solicit the product from producers/suppliers and negotiate the sales with the receivers. See id. at 8:15-20, 9:21-10:10. Raden is located in the United States, and De Nadai is located in Italy. See id. at 7:8-8:2, 9:21-10:4. Raden and De Nadai were involved in the solicitation of fruit from M&R for the transaction with Trinity. See id. at 10:2-10:19. Martini worked with De Nadai on a regular basis, and De Nadai was aware of the general terms under which M&R sold kiwis, including the prices M&R expected for various sizes and quantities. PUMF 4. Martini has characterized Raden and De Nadai as independent sales people who are not employees of M&R. See Martini Dec. ¶ 3. M&R paid Raden and De Nadai fees of 3% for their services, but Trinity paid Raden and De Nadai nothing. See Raden Depo. 66:20-67:1. Raden would typically negotiate with Trinity, pass the order information on to De Nadai, and De Nadai would transmit the order to M&R by e-mail. PUMF 7. De Nadai's e-mail orders were copied to Raden, who would confirm that the e-mail reflected the agreement struck with Trinity. See PUMF 8.
Trinity agreed to market and sell M&R's 2008-2009 kiwi crop on a consignment basis. See Martin E Ricci Iamino S.P.A 2014 Consortile Sociate Agricola v. Trinity Fruit Sales, 2014 U.S. Dist. LEXIS 90604, *30 (E.D. Cal. July 2, 2014); DUMF 2. Generally, there were two types of kiwi shipments involved between M&R and Trinity regarding M&R's 2008-2009 kiwi crop. See Martini Dec. ¶ 4; Initial White Dec. ¶ 9. The first type involved 14 kg. boxes that were to be sold to Trinity's customers Costco and Sam's Club at fixed prices. See id.; PUMF 11. M&R provided 4 loads of the 14 kg. boxes. See White Dec. ¶ 4. The second type involved consignments of 9 kg. boxes of kiwis to be sold on the general market. See Martini Dec. ¶ 4; White Dec. ¶ 9. Martini declares that there was a minimum price expectation for the 9 kg. boxes. See Martini Dec. ¶ 4. Martini declares that the minimum agreed price was memorialized in e-mails between De Nadai and M&R. See id. White declares, however, that there were no fixed or minimum prices for the 9 kg. boxes. See White Dec. ¶ 9; Supp. White Dec. ¶ 8. Raden testified that he did not recall whether any minimum price was established for the 9 kg. consignment loads, but that a seller in Trinity's position has an obligation to achieve the best possible market price. PUMF 14. However, Raden also testified that the price per box which appears on the 9 kg. box consignment orders was a "theoretical price." PUMF 13. Similarly, after acknowledging that the 9 kg. boxes were on consignment, Raden testified that the term "consignment" meant to him that the receiver sells the product at the best price it can get, deducts its costs, and returns the net amount that is left after deductions to the shipper. See Raden Depo. 76:7-25. Raden testified that M&R's invoice amounts (found in the third column of the invoices) were of "no moment" because Trinity did not agree to buy the fruit at an agreed price. See id. at 77:7-78:11.
Of the shipments of M&R kiwis that were inspected by the USDA, all but one received a grade of Number 1. See PUF 32.[2] Only one container (Order No. 12) failed USDA inspection, which had average defects of 9%. See PUF 34. However, each of the USDA reports did indicate some degree of decay. See Trinity Ex. B at Bates Nos. 000073-000080. Additionally, on February 16, 2009, and February 20, 2009, Trinity sent e-mails to Raden and De Nadai regarding severe damage to Order No. 30. See Trinity Ex. B at Bates Nos. 000106-000114. On February 20, 2009, Trinity sent another e-mail to Raden and De Nadai that M&R's kiwis were not holding up well in storage, and that Trinity had been telling De Nadai and Raden this "from the beginning." See id. at Bates No. 000116. White has declared that there were "numerous condition and quality issues" with M&R's kiwis. See Supp. White Dec. ¶ 7.
Trinity marketed and sold the kiwis, accounted to M&R for its handling of all loads, and submitted the net returns to M&R, which were accepted by M&R. See DUMF 4. The price obtained by Trinity was below the minimum price that M&R was anticipating. See Martini Dec. ¶ 4. Martini reviewed liquidation reports, but did not believe that the liquidation reports explained what he believed to be the low returns. See Martini Dec. ¶ 41. In some instances, there were up to 3 liquidation reports, and sometimes the reports were unclear and appeared to be inconsistent with each other. See PUF 18. In Raden's words, "in some instances, there were one, two, and three liquidation reports before we got the accurate thing, and in some cases we never did." PUMF 19. M&R never received a satisfactory explanation as to why the returns were so low. PUF 20.
In March 2009, Trinity's president David White ("White") met with Raden at Trinity's offices in California. DUMF 5. Raden was unhappy with the sales returns for M&R's kiwis, as well as repackaging charges by Trinity that were incurred to address the numerous condition and quality issues with M&R's kiwis. See id. During the meeting, White verbally informed Raden that Trinity disputed any amounts owing to M&R in connection with the sales of M&R's kiwis. See DUMF 7. Additionally, White declares that, while he cannot attest to what M&R may have done, he can "say with certainty that Trinity never agreed to keep a book account' in connection with the handling of [M&R]'s kiwi, nor did [Trinity] keep a book account together with [M&R] or separately." Supp. White Dec. ¶ 16.
Following the meeting, Raden sent an e-mail on March 31, 2009, to White and two Trinity employees. DUMF 6. Raden's e-mail outlined his thoughts about additional amounts that could have been returned to M&R in connection with the kiwi sales. See id. The e-mail had two pages of a spreadsheet-like-chart. See M&R Ex. 20. The spreadsheet described five "Groups" of kiwi loads, and four of the five groups have a column for an "amount due." See id. In pertinent part, Raden's e-mail reads:
[P]lease find attached a chart re-capping our meeting in California. The issues discussed have been broken into Five Categories.
Group One - Costco and Sam Fixed price 5% commission. On the highlighted loads we would ask to see the usda/Deco and repacking slips to verify the repacking of these loads.
Group Two - 9kg vf loads arrived on the East Coast and transferred to the west coast.
Group Three - 9kg vf loads arrived on the West Coast. On the highlighted loads we would ask to verify the sell prices of the liquidation as they are not consistent with the published data for sell prices during the arrival times of the loads. The prices presented are considerably lower than published data.
Group Four - Insurance Claim.... we are hoping that this load was submitted for an insurance claim as the demurrage charges are excessive. If it has not, please have Barthco submit an explanation of the demurrage charges and we will claim against the steamship company.
Group Five - Invoices Due. [A certain invoice] is due now and no deductions for product loss or repacking will be agreed to as this is a 9kg east coast arrival transferred to the west coast.
The last three of the loads invoices are due in May. If there are any deductions for product quality at the time of payment, we would need to see the usda and repacking slips.
The growers are still considering the returns on several other invoices, which I would hope to have back to you later today, Group Six.
Please let us know by the end of the week if the information provided is in accordance with our conversation and acceptable in principle. As many of these invoices are quite old in terms of an acceptable due date, several of the suppliers need this confirmation by the end of the week or they will proceed with claims the first of next week.
We appreciate the help and patience of all parties and hope that we can quickly bring all issues to a conclusion.
Raden testified at his deposition that he could not recall the March 2009 meeting that he referenced in the March 31 e-mail, nor could Raden recall preparing the March 31 e-mail. DUMF 8. Consequently, Raden could not testify that the e-mail summarized an actual agreement between the parties. See id.
On the other hand, White declares that there was never any agreement between Trinity and M&R that additional amounts were due and owing to M&R, nor did Trinity expressly or impliedly agree to pay any additional sums in connection with the sales of M&R's kiwis. See Supp. White Dec. ¶ 14. In particular, White declares:
At no time during the March 2009 meeting did I or anyone else at Trinity reach any agreement with Mr. Raden suggesting that additional amounts were owed by Trinity. In fact, I verbally informed Mr. Raden that Trinity disputed owing any additional amounts to [M&R] in connection with its handling of the kiwi.
Following the meeting, Mr. Raden sent an e-mail to me and Trinity employees Brian Hiett and Maria Alaniz on March 31, 2009, reiterating his dissatisfaction about the returns Trinity obtained for [M&R]'s kiwi and outlining his thoughts about additional amounts that could have been returned to [M&R].
I did not agree with Mr. Raden's thoughts or his calculations during our face to face meeting, which I told Mr. Raden, nor did I agree with them when I received his e-mail.
I took his e-mail for what it was: his opinion of what the returns should have been. I did not view his e-mail as any sort of confirmation of reaching an agreement during the March 2009 meeting, since there wasn't any, nor did I think that it was meant to be a proposal to Trinity to resolve the dispute with [M&R]."
Supp. White Dec. ¶¶ 10-13 (emphasis in original).
Between March 31, 2009 and April 11, 2009, Trinity made additional payments to M&R. See M&R Ex. A1. After March 31, 2009, Trinity paid: (1) $3, 398.40 on order No. 13; (2) $2, 518.04 on order No. 27; (3) $4, 664.40 on order No. 28; (4) $1, 092.69 on order No. 30; and (4) $374.10 on order No. 33. See id. In total, $12, 047.63 was paid to M&R by Trinity after March 31, 2009. See id. Also, multiple payments had been made on order Nos. 13, 16, 27, 28, and 33 prior to March 31, 2009.
On April 11, 2009, M&R sent Trinity a letter that reads in pertinent part:
Thank you for the additional payment and revised liquidations [sic] information.
We will apply the additional funds as additional partial liquidations. But, please note, we are confused by the presentation of some of the revised information. There are instances where liquidation prices, product loss and repacking expenses have been changed from the original liquidation we received at time of first payments!! How is it possible that all of this information could change when we were originally asked trough [sic] Stefano and Gary, to accept the first liquidation information as accurately presented and authenticated by Trinity??
On certain loads, we already received even 3 different versions: - preliminary report, - liquidation 1st version, - liquidation 2nd version, and they are all quite different from each other!!!
We believe that the revised information and circumstances presented by Mr. Raden and De Nadai more properly represent the circumstances of the arrival and handling of the [M&R] loads than either first or second version of your liquidations. So we will apply the additional payments to the loads identified and where the returns reasonably approximate the revised information presented to Trinity, we will close the files. Where there remains a difference in valuations we will eventually proceed as indicated in our previous correspondence, assuming Trinity will remain in its own position.
We will provide an up date of those invoices where the files can be closed and those that remain open.
Please note, that with the filing of any insurance claim, the full value of the proforma/definitive invoice has to be claimed, even though this amount has been mitigated in the presentation of values [sic] for and [sic] amicable resolution.
M&R Ex. B1.
White declares that "there are no additional amounts due and owing from Trinity in connection with its handling of [M&R]'s 2008-2009 kiwi crop." Supp. White Dec. ¶ 17.
Cross motions for summary judgment are evaluated separately under the same standards that apply to single summary judgment motions. See Pintos v. Pacific Creditors Ass'n, 565 1106, 1111 (9th Cir. 2009); ACLU v. City of Las Vegas , 466 F.3d 784, 790 (9th Cir. 2006). Summary judgment is appropriate when it is demonstrated that there exists no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56; Adickes v. S.H. Kress & Co. , 398 U.S. 144, 157 (1970); Fortyune v. American Multi-Cinema, Inc. 364 F.3d 1075 , 1080 (9th Cir. 2004). The party seeking summary judgment bears the initial burden of informing the court of the basis for its motion and of identifying the portions of the declarations (if any), pleadings, and discovery that demonstrate an absence of a genuine issue of material fact. Celotex Corp. v. Catrett , 477 U.S. 317, 323 (1986); Soremekun v. Thrifty Payless, Inc. , 509 F.3d 978, 984 (9th Cir. 2007). A fact is "material" if it might affect the outcome of the suit under the governing law. See Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248-49 (1986); United States v. Kapp , 564 F.3d 1103, 1114 (9th Cir. 2009). A dispute is "genuine" as to a material fact if there is sufficient evidence for a reasonable jury to return a verdict for the nonmoving party. Anderson , 477 U.S. at 248; Freecycle Sunnyvale v. Freecycle Network , 626 F.3d 509, 514 (9th Cir. 2010).
Where the moving party will have the burden of proof on an issue at trial, the movant must affirmatively demonstrate that no reasonable trier of fact could find other than for the movant. Soremekun , 509 F.3d at 984. Where the non-moving party will have the burden of proof on an issue at trial, the movant may prevail by presenting evidence that negates an essential element of the non-moving party's claim or by merely pointing out that there is an absence of evidence to support an essential element of the non-moving party's claim. See James River Ins. Co. v. Herbert Schenk, P.C. , 523 F.3d 915, 923 (9th Cir. 2008); Soremekun , 509 F.3d at 984. If a moving party fails to carry its burden of production, then "the non-moving party has no obligation to produce anything, even if the non-moving party would have the ultimate burden of persuasion." Nissan Fire & Marine Ins. Co. v. Fritz Cos. , 210 F.3d 1099, 1105-06 (9th Cir. 2000). If the moving party meets its initial burden, the burden then shifts to the opposing party to establish that a genuine issue as to any material fact actually exists. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 586 (1986); Nissan Fire , 210 F.3d at 1103. The opposing party cannot rest upon the mere allegations or denials of [its] pleading' but must instead produce evidence that sets forth specific facts showing that there is a genuine issue for trial.' Estate of Tucker v. Interscope Records , 515 F.3d 1019, 1030 (9th Cir. 2008).
The opposing party's evidence is to be believed, and all justifiable inferences that may be drawn from the facts placed before the court must be drawn in favor of the opposing party. See Anderson , 477 U.S. at 255; Matsushita , 475 U.S. at 587; Narayan v. EGL, Inc. , 616 F.3d 895, 899 (9th Cir. 2010). While a "justifiable inference" need not be the most likely or the most persuasive inference, a "justifiable inference" must be rational or reasonable. See Narayan , 616 F.3d at 899. "If conflicting inferences may be drawn from the facts, the case must go to the jury." Holly D. v. Cal. Inst. of Tech. , 339 F.3d 1158, 1175 (9th Cir. 2003). Inferences are not drawn out of the air, and it is the opposing party's obligation to produce a factual predicate from which the inference may be drawn. See Sanders v. City of Fresno , 551 F.Supp.2d 1149, 1163 (E.D. Cal. 2008); UMG Recordings, Inc. v. Sinnott , 300 F.Supp.2d 993, 997 (E.D. Cal. 2004). "A genuine issue of material fact does not spring into being simply because a litigant claims that one exists or promises to produce admissible evidence at trial." Del Carmen Guadalupe v. Agosto , 299 F.3d 15, 23 (1st Cir. 2002); see Bryant v. Adventist Health System/West , 289 F.3d 1162, 1167 (9th Cir. 2002). Further, a "motion for summary judgment may not be defeated... by evidence that is merely colorable' or is not significantly probative.' Anderson , 477 U.S. at 249-50; Hardage v. CBS Broad. Inc. , 427 F.3d 1177, 1183 (9th Cir. 2006). If the nonmoving party fails to produce evidence sufficient to create a genuine issue of material fact, the moving party is entitled to summary judgment. Nissan Fire , 210 F.3d at 1103.
Defendant's Arguments
Trinity argues that there is no evidence of an agreement between the parties to create an account stated. Raden testified that he has no recollection of the March 2009 meeting or the resulting e-mail. Raden could not testify that the e-mail was a confirmation of an agreement reached between the parties during the meeting or at any time. Raden's e-mail at the end requested that Trinity let Raden know if the information provided was in accordance with the meeting and acceptable in principle. This section shows that Trinity was being subject to an "either or" scenario. Either Trinity agree to the information in the e-mail, or several suppliers would file claims against Trinity. Had an agreement actually been reached at the March 2009 meeting, there would be no need for Raden to include the "either or" scenario in the e-mail. White has declared that there was no agreement ranched and that he believed Raden's e-mail simply represented Raden's own opinions. At best, M&R's cause of action is based on nothing more than a demand to pay a disputed debt, which is not an account stated.
Trinity also argues that M&R has submitted no accounting or system of bookkeeping in support of this claim. Moreover, there are neither allegations nor evidence that shows an agreement by the parties to create a book account. No conduct has been identified that is consistent with the parties agreeing to create a book account. In fact, White has declared that there was no agreement to create a book account between Trinity and M & R, and denies that any additional sums are owed by Trinity to M& R.
Plaintiff's Opposition
M & R argues that the facts as represented by Trinity show two distinct stages to the kiwi transaction. Because it has been argued by Trinity and held by the Court that the kiwis were sold as consignments, the amount owed by Trinity to M & R would necessarily be determined after Trinity sold the kiwis. Further negotiation between Trinity and M&R occurred after Trinity sold the kiwis. These negotiations occurred because Trinity never adequately accounted for its handling and sale of the kiwis, but instead provided numerous and inconsistent "lot summaries"/liquidation reports. Raden met with Trinity employees about the amounts M&R averred were still owed by Trinity. Although White declares that Trinity did not agree to make further payments, Trinity made several payments for various shipments both before and after the March 2009 meeting and before and after M& R issued its last invoice on March 31, 2009. Trinity's conduct is inconsistent with the notion that a complete agreement for the sale of kiwis was in place. An account stated may be implied by the circumstances and by a failure to object to an account when the account has been sent to the debtor. Trinity's conduct shows that the parties established subsequent agreements about the amounts owed by Trinity. Again, Trinity made additional payments, which are an acknowledgment of the "account" and that money was owed. Each payment made by Trinity was an implied acknowledgment that Trinity had not satisfied the account.
Legal Standards
An "account stated" is "an agreement, based on prior transactions between the parties, that all items of the account are true and that the balance struck is due and owing from one party to the other." S.O.S., Inc. v. Payday, Inc. , 886 F.2d 1081, 1091 (9th Cir. 1989); Trafton v. Youngblood , 69 Cal.2d 17, 25 (1968). The elements of an account stated are: "(1) previous transactions between the parties establishing the relationship of debtor and creditor; (2) an agreement between the parties, express or implied, on the amount due from the debtor to the creditor; (3) a promise by the debtor, express or implied, to pay the amount due." Zinn v. Fred R. Bright Co. , 271 Cal.App.2d 597, 600 (1969); see also Maggio , 196 Cal.App.3d at 752-53. Both parties must assent to the new amount owed in order to create an account stated. See Hansen v. Fresno Jersey Farm Dairy Co. , 220 Cal. 402, 408 (1934); Maggio , 196 Cal.App.3d at 752. The agreement necessary to establish an account stated need not be express and may be implied from the circumstances. See Hansen , 220 Cal. at 408; Maggio , 196 Cal.App.3d at 753. If a statement is rendered to the debtor, and the debtor does not reply in a reasonable time, the law implies an agreement that the account is correct. Maggio , 196 Cal.App.3d at 753; Zinn , 271 Cal.App.2d at 600; see also Davis v. Cox & Summa Corp. , 751 F.2d 1507, 1515 (9th Cir. 1985); Hansen , 220 Cal. at 408. However, "where liability had been long and persistently denied, the failure of a person to object to the correctness of a statement of account sent to him does not imply a promise to pay or convert the transaction into an account stated." Cowell v. Snyder , 171 Cal. 291, 295 (1915). "An account stated constitutes a new contract which supersedes and extinguishes the original obligation." Zinn , 271 Cal.App.2d at 600; see Jones v. Wilson , 10 Cal.2d 493, 498 (1938). Thus, an "action upon an account stated is not upon the original dealings and transactions of the parties, " rather it is "upon the new contract by and under which the parties have adjusted their differences and reached an agreement." Gardner v. Watson , 170 Cal. 570, 574 (1915); see S.O.S. , 886 F.2d at 1091; Gleason v. Klamer , 103 Cal.App.3d 782, 786-87 (1980).
A "book account" is defined by statute as:
a detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or some fiduciary relation, and shows the debits and credits in connection therewith, and against whom and in favor of whom entries are made, is entered in the regular course of business as conducted by such creditor or fiduciary, and is kept in a reasonably permanent form and manner and is (1) in a bound book, or (2) on a sheet or sheets fastened in a book or to backing but detachable therefrom, or (3) on a card or cards of a permanent character, or is kept in any other reasonably permanent form and manner.
Cal. Code Civ. Pro. § 337a. "A book account is created by the agreement or conduct of the parties in a commercial transaction." H. Russell Taylor's Fire Prevention Service, Inc. v. Coca Cola Bottling Corp. , 99 Cal.App.3d 711, 728 (1979); see also Maggio, Inc. v. Neal , 196 Cal.App.3d 745, 752 (1987). Importantly, "moneys due under an express contract cannot be recovered in an action on an open book account' in the absence of a contrary agreement between the parties." H&C Global Supplies Sa De Cv v. Pandol Aosscs. Marketing, Inc., 2013 U.S. Dist. LEXIS 159185, *6-*7 (E.D. Cal. Nov. 6, 2013); Dreyer's Grand Ice Cream, Inc. v. Ice Cream Distributors of Evansville, LLC, 2010 U.S. Dist. LEXIS 47738, *11 n.5 (N.D. Cal. May 14, 2010); Armstrong Petroleum Corp. v. Tri-Valley Oil & Gas Co. , 116 Cal.App.4th 1375, 1396 n.9 (2004). "An express contract is one the terms of which are stated in words, but such a contract need not be in writing." Treadwell v. Nickel , 194 Cal. 243, 261 (1924); see also Johnny A. Ribeiro v. Larocca, 2009 Cal.App. Unpub. 4460, *19-*20 (June 5, 2009) (noting that an oral contract is an express contract).[3] "Parties to a written or oral contract may... provide that monies due under such contract be the subject of an account between them." H. Russell Taylor , 99 Cal.App.3d at 728; see also Windecker, Inc. v. Menefee, 2011 Cal.App. Unpub. LEXIS 9656, *11 (Dec. 19, 2011). "[C]ourts require that the parties expressly intend to be bound because accruing debts under an express contract are not normally considered the subject of an open book account." In re Roberts Farms, Inc. , 980 F.2d 1248, 1252 n.3 (9th Cir. 1992). The "mere incidental keeping of accounts does not alone create a book account." Maggio , 196 Cal.App.3d at 752; H. Russell Taylor , 99 Cal.App.3d at 728.
a. Account Stated
To recover on an account stated, M&R was required to submit evidence that shows M&R and Trinity assented or agreed to a final amount due, i.e. struck a balance due. See Hansen , 220 Cal. at 408; Maggio , 196 Cal.App.3d at 752; Zinn , 271 Cal.App.2d at 600. M& R has not done so.
First, White's supplemental declaration reflects that Trinity, at the March 2009 meeting, disagreed with Raden's thoughts and calculations, disagreed that Trinity owed M&R any further payments, and ranched no agreement with Raden/M& R over additional amounts owed. See Supp. White Dec. ¶¶ 9-14. White took Raden's e-mail as a recap of Raden's own thoughts and opinions, and not as reflecting any agreement to resolve the dispute. See id. at ¶ 11. White continues to dispute that any additional amounts are owed by Trinity to M& R. See id. at ¶ 17. White's declaration clearly negates the element of assent that is necessary for an account stated. Raden has no recollection of the March 2009 meeting, and no evidence suggests that Raden would or could dispute White's assertions. See DUM F 8.
Second, Raden's e-mail does not reflect that an agreement over additional amounts owed was reached. Raden has no recollection of his March 31, 2009 e-mail, see id., and thus cannot add any further explanation or clarification beyond the express words of the e-mail. The e-mail purports to be a recap of the March 2009 meeting, but it does not state that an agreement was reached, nor does it purport to present some type of accounting statement to Trinity. See M & R Ex. 20. The e-mail asks to see additional records and documentation, mentions the poisibility of an insurance claim, notes that some of the invoices are not due until May, and that the growers are still considering several other invoices. See id. In other words, the e-mail reflects that there are significant "open items" between the parties. Where there are contingencies as to the existence or amount of the debt, there can be no account stated. See Truestone, Inc. v. Simi W. Indus. Park II , 163 Cal.App.3d 715, 726 (1984); Konda v. Lamkin , 19 Cal.App.2d 635, 639 (1937). Moreover, the e-mail asks for Trinity to respond by the end of the week whether "the information provided is in accordance with our conversation and acceptable in principle." Id . (emphasis added). If an agreement had been reached, there would have bier no reason for Raden to ask Trinity to affirmatively let Raden known whether the information was acceptable. The fact that Raden made such a request indicates that no agreement had been reached.
Third, it is not necessarily clear what precise amount is stated in the spreadsheet attached to Raden's March 31 e-mail. See M&R Ex. 20. Groups 1 through 4 have a column for "amount due, " but only Group 1 has a column for "balance due." See id. Group 5 has no column for either amount or balance due. See id. Adding the figures under the "amount due" columns yields a figure in excess of $200, 000. See id. Adding the figures under the "balance due" column yields a figure of approximately $24, 000. See id. However, in the FAC, M&R alleges that $139, 187.88 is due and owing under an account stated. See FAC ¶ 50. The $139, 187.88 does not appear to be fairly reflected in Raden's e-mail. For thereto be an account stated, "the amount due must be specified or there must be a reference to something by which the amount due can be definitely and certainly ascertained." MacLaren v. Gilbert , 111 Cal.App. 198, 201 (1931).
Fourth, the April 11, 2009 letter from Martini expresses confusion over additional documentation received from Trinity, and states that the additional amounts would be applied as partial liquidations. See M&R Ex. B1. The letter states that M&R believes Raden's position regarding arrival and handling of the kiwi loads is more accurate, and where "there remains a difference in valuations we will eventually proceed as indicated in our previous correspondence, assuming Trinity will remain in its own position." Id . Different valuations are inconsistent with assenting to a particular amount due, as are threatening to proceed in a previously described manner and holding separate "positions." If an agreement had been reached between the parties over the amount owed, then the letter would have referenced that agreed amount and would not have referenced the differences in valuations, separate proceedings, and separate positions.
M&R relies on the fact that Trinity sent additional payments after March 31, 2009. However, there is nothing to indicate that M&R and Trinity agreed that a particular sum was owed. M&R is claiming that Trinity owes it approximately $139, 000.00. See FAC ¶ 50. Trinity sent M&R approximately $12, 000 after March 31, which is less than 10% of the claimed amount owed. Of the additional payments sent by Trinity, the Court cannot find that the individual amounts correspond with any of the amounts idetified in Raden's e-mail. Cf. M& R Ex. 20 with M&R Ex. Al. If there had been assent to a particular amount, it seems more likely than not that the amounts paid would correspond to an amount requested. At most, Trinity's additional payments were an acknowledgment that some money was owed to M & R, but it was not an acknowledgment that over $139, 000 was owed. "[I]f there is but an admission that something is due without specifying how much, there is no account stated...." American Mut. Liability Ins. Co. v. Chicago-Los Angeles Bldg. Corp., 88 Cal.App. 300, 301 (1928). Without more, the fact that some small additional payments were made to M&R does not show agreement or assent by Trinity to owing over $139, 000.
Because no evidence indicates the requisite assent for an account stated, summary judgment in favor of Trinity on this cause of action is appropriate. See Hansen , 220 Cal. at 408; Maggio , 196 Cal.App.3d at 752; Zinn , 271 Cal.App.2d at 600.
b. Fifth Cause of Action - Book Account
Whether a book account exists is determined by examining the agreements and conduct of the parties in the context of their commercial dealings. See Maggio , 196 Cal.App.3d at 752. Here, there is no evidence that Trinity either requested or accepted bookkeeping from M & R on any debts. The only direct evidence on the issue is White's supplemental declaration, and White declares that Trinity did not agree to keep a book account or be bound by a book account. See White Dec. ¶ 16. Neither Raden's testimony nor his March 2009 e-mail suggest that an agreement to create and/or be bound by a book account was made between M & R and Trinity. It is true that M&R has submitted various invoices, but the "mere incidental keeping of accounts does not alone create a book account." Maggio , 196 Cal.App.3d at 752; H. Russell Taylor , 99 Cal.App.3d at 728. Additionally, it is apparent that there was an express agreement between the parties regarding the sale of kiwis. There is no evidence that, as part of the express agreement for the consignment sale of kiwis, M&R and Trinity agreed to be subject to a book account. See H&C Global, 2013 U.S. Dist. LEXIS 159185 at *6-* 7; Armstrong Petroleum , 116 Cal.App.4th 1375, 1396 n.9; H. Russell Taylor , 99 Cal.App.3d at 728. In sum, no agreement to be subject to a book account is apparent.
M & R appears to rely on the fact that additional payments were made by Trinity after March 31, 2009. However, no evidence has been submitted as to why Trinity made those additional payments. The additional payments were less than 10% of the amount claimed by M & R, and the payments were made after a meeting between M & R and Trinity regarding M&R's concerns over the prices obtained, repackaging expenses, and inconsistent "lot summaries." The additional payments could reflect either additional sales of M&R's kiwis by Trinity, or that Trinity performed an additional internal audit and concluded that additional amounts should be remitted to M & R. Given the totality of the evidence identified by the parties, there is nothing about the additional payments that supports a reasonable inference that M & R and Trinity had agreed to be subject to a book account.
Because the commercial conduct and agreements between M&R and Trinity do not reflect an agreement to be bound by a book account, summary judgment in favor of Trinity is appropriate. See H&C Global, 2013 U.S. Dist. LEXIS 159185 at *6-*7; Armstrong Petroleum , 116 Cal.App.4th 1375, 1396 n.9; Maggio , 196 Cal.App.3d at 752; H. Russell Taylor , 99 Cal.App.3d at 728.
Trinity moves for summary judgment on the remaining claims against it.
With respect to the fourth cause of action for an account stated, there is insufficient evidence that the parties struck a balance due and assented to that balance as being what Trinity owed to M&R. White's supplemental declaration affirmatively negates assent, and neither Raden's March 31 e-mail nor Martini's April 11 letter indicate that a balance was ever struck. Therefore, summary judgment in favor of Trinity will be granted.
With respect to the fifth cause of action for a book account, there is insufficient evidence that the parties agreed either through their conduct or through their express agreements to be subject to a book account. Without such an agreement, M& R cannot recover for an open book account. Therefore, summary judgment in favor of Trinity will be granted.
Accordingly, IT IS HEREBY ORDERED that:
1. Defendant's second motion for summary judgment is GRANTED;
2. All pending dates and deadlines are VACATED; and
3. The Clerk shall enter judgment in favor of Defendant and CLOSE this case.
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March 31, 2014 |
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Justin Moore is adding a second leg to his Off the Beaten Path Tour, and he's bringing along a very special guest.
Fashion Week doesn't only happen in New York! As far as country artists are concerned, fashion is a constant, and this week, they showed the Big Apple how Nashville dresses to impress.
Better Country, KIX 105 is pleased to announce and welcome Justin Moore, Thomas Rhett and Jordan Rager to Columbia in October.
Justin Moore his the stage at the Mizzou Arena on Thursday, October 23rd...


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Perhaps some of you arent old enough to remember the moderately popular TV show "Where In The World Is Carmen Sandiego". Or even "Wheres Waldo"? Well, there is a 3rd people finding game going on right now in the world & its in real time. "Where in the world is Robert Pattinson"????
So far, the clues, theories, and known facts probably are enough that even RPatts himself is unsure of where he is.
Its been hinted at by a local Vancouver pap that he left Saturday morning on a flight that would have him connecting to go overseas. Its been suggested by a gossip site he went to Los Angeles. Its been debated, analyzed & argued amongst my peers & myself that hes anywhere from still in Vancouver to one of the moons circling Saturn to actually being a figment of our imaginations. We have 100 different quite plausable to slightly illogical theories, each is mathematically possible.
What we KNOW is this.
- Friday 9:45 PM he returns to his hotel from shooting.
- Friday 11:30 PM most of those staking out his place give up on the night assuming he isnt going out for drinks & has gone to bed. A couple do stick it out till later, after 1 AM.
- Saturday from 6:30 AM till about 6 PM, the hotel is staked out by someone, for most of the time, multiple people.
- Saturday 6 PM, no less than 3 people go to the airport to cover off the British Airways 8:35 PM flight to London, which had been strongly assumed to be the most logical flight he would be taking. Jamie Campbell Bower takes that flight, claims he doesnt know if Rob is on the flight with him, no sign of Robert or his parents.
- The world of twitter, one of the most voyeuristic & real time fact based devices in the world have ZERO posts yesterday with any combination of the words "Pattinson or RPatts" with the words "saw, flight, airport, arrived, departed, flying, yvr, vancouver, pearson, toronto, london, heathrow, LAX, Los Angeles" that were not referring to old news articles. The odds that not a single teenaged or early 20s woman with a heartbeat wasnt in one of his departing or arriving destinations who knows how to use their phone to tweet didnt tweet are even higher than me being made overlord of the world right this second (waits a second...still not overlord, damn *shakes fist angrily*)
All that KNOWN info would overwhelmingly conclude that logically, he is still in Vancouver. Right? Well, not so fast. There is material suggesting otherwise.
Heres what we DO NOT know, but has been stated.
- Local pap tweets that he shot Rob (not posting it as Robert Pattinson though) leaving YVR & even proclaims to check out his distributors site Monday for proof.
- A gossip site posts an article that Rob left Vancouver to Los Angeles.
- The entire day of Saturday, no less than 10 individuals at various times of the day had his Vancouver hotel staked out, no sightings.
So perhaps he is gone. I mean those facts would suggest he left & are pretty bold arguments for the fact.
Confused yet? No, lemme try to add to this.
Why these most recent details can be disputed.
- Local pap could be claiming this to keep competitors away from his true departure time, bragging he has left to keep them from chasing him because he was unable to be at the hotel/airport during the expected time. As well, many people who have dealt with him in the past have repeatedly proven him to be a substantial fabricator of the truth.
- The L.A. arrival is contradictory to where the pap claims he headed to, and there is not 1 single shot of him arriving at LAX, one of the most pap infested locations in the world? Also, no one is seconding the story yet. One single gossip site is all thats claiming this so far.
- Sure as many as 10 people throughout the day had the hotel staked out. But it wasnt under 24 hr surveillance, and not all exits were thoroughly covered at all times. There was plenty of chances for him to have slipped out at 1 time or another undetected. Granted the chances are slim, maybe in the 5-10% chance range, but there is still the chance it could have happened.
So, at this time, thats all there is to go on. A lot of facts & suggestions. Nothing that any one person, maybe even Robert himself cant even confirm anymore with all the confusion.
Either Monday morning pics will come out of him having left Saturday morning. OR he is still in town right now. Those are two of many options there could be. Maybe he wasnt seen anywhere in the world at an airport because he pulled out his wand from the Harry Potter movies, and made himself disappear & re-appear in a rural forrest in Northern BC somewhere, where the internet doesnt work & no one has ever heard of Twilight?
My gut is he is still in Vancouver....for now.


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Greifeld says Nasdaq owes 'an apology'
Robert Greifeld said he and other Nasdaq Stock Market officials "owe the industry an apology" for the exchange's technical problems that marred Facebook's highly anticipated stock offering last month and left traders and investors frustrated and confused.
In his first one-on-one interview about the social networking company's initial public offering, Greifeld, chief executive of Nasdaq OMX, said yesterday that he and his staff have undergone "an entirely clinical, analytical" review of the events of May 18 to calculate trading losses caused by the IPO.
"Clearly we didn't succeed here," Greifeld said in his office at Nasdaq's MarketSite in New York's Times Square.
Greifeld's concession marks a departure from initial public comments on the IPO. He had insisted the offering had been a success, though he had tempered those remarks, made two days after the offering on a conference call with reporters, by saying Nasdaq was "humbly embarrassed" by the technical problems and that the day wasn't "perfect."
Nasdaq outlined a plan yesterday to compensate brokers for $40m in losses stemming from the IPO, with about $26m of that to be credited through reduced trading costs.
The remaining $13.7m would be paid in cash, Nasdaq told financial firms.
The compensation plan requires approval of the Securities and Exchange Commission. The total figure falls short of estimates by Wall Street brokers who say they and their clients collectively suffered more than $100m in losses.
Asked about anticipated criticism of the plan, Greifeld said the compensation program, which Nasdaq directors voted on this week, was based on a detailed analysis of the order book and what trades Nasdaq deemed as having been executed at an inferior price.
"What we have to do is focus on the facts, and that's what we've attempted to do to the best of our ability," he said. "We have to stand by the merits of the logic we put into this analysis."
Problems with Nasdaq's systems delayed the debut of Facebook shares by about 30 minutes, and left brokers in the dark about the size and value of their positions for more than two hours. When firms learned where their orders stood at 1:50 p.m. that day, many were surprised, prompting some to sell their shares at losses and further driving down Facebook's shares.
Facebook shares ended their first day of trading on Nasdaq at $38.23, up 0.6% from their $38 offering price, but below their high around $45 for the day.
- Write to Jenny Strasburg at email@example.com
Read more at The Wall Street Journal: [ goo.gl/6bwbR ]


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Wizard101 is a unique game where players take on the roll of a child wizard who has just enrolled in Wizard Academy. Its obvious Wizard101 draws its inspiration from the widely popular Harry potter franchise, but it manages to pull it off in style without feeling like a knock off. Anyone who plays this game will immediately notice how much higher the production values are compared to many Asian MMORPGs. Character creation and the tutorial have voice overs and everything from the interface to the terrain look well done. New players chose which magic type to specialize in by answering a series of questions with seven possible outcomes:
Fire – Fire spells tend to deal damage over time so while fire wizard don't deal a lot of initial damage, their potential builds up the longer a fight lasts. They have the unique ability to stun their enemies.
Ice – Ice wizards have the highest health and defense ratings and many of their spells deal with increasing defense and damage absorption. Their ability to taunt enemies and force them to target the ice wizard makes them invaluable in group battles.
Storm – Focused on dealing heavy damage at the expensive of accuracy. Storm wizards have the lowest health totals but have the ability to remove buffs and debuffs.
Life – The supportive magic branch. Life wizards are the only ones who can heal other players and preform group heals. Their few offensive moves deal low damage but are highly accurate.
Myth – Myth wizards are the summoners of Wizard101. While they posses some offensive abilities, most of their spells deal with buffing and healing their minions who do the grunt work.
Death – A complicated branch of magic, death spells tend to deal lower damage but absorb health and heal the caster. Death wizards can also chain spells to build up powerful combos.
Balance – As the name suggests, Balance wizards are the jack of all trades. They can buff other players and hold their own in battle but lack the expertise to truly shine in any one area.
- Status: Released
- Release Date: Sep 02, 2008
- Business Model: Free to Play
- Developer: KingsIsle Entertainment
- Publisher: KingsIsle Entertainment
- Category: Stand-alone
- Genre(s): 3D, MMO, Adventure, RPG, Fantasy, Casual
- Platforms: PC, Mac
Editor's Score: 3/5
- +Original theme and graphic style.
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- -Limited free content, most areas require subscription.
- -Geared towards children, restrictive chat.
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- Recommended System Requirements:
- OS: Windows XP or newer
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- GPU: GeForce 2 or the Equivalent
Recommended System Requirements: (MAC)
- OS: Mac OS X Snow Leopard (10.6) or newer
- CPU: Intel-based Macintosh system running Mac OS X
Available On
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View Poll Results: Do you read WHT to see what others have poste, or just post you want to say yourself?
- Voters
- 17. You may not vote on this poll
I check to see if there's already an appropriate thread before I start a new one.
I read every post, but forget what I've read so it doesn't make a difference.
When I have an idea in my head, I can't stop to think about such details.
Obviously unlike you people, I don't have time to read every message that's posted.
Thread: Do you read WHT, or just post?
06-28-2002, 03:45 PM #1Web Hosting Master
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Do you read WHT, or just post?
While looking just now at the current thread topic listing in this forum, I noticed these three threads:
So what do they have in common? All three are threads started today, and each of the three duplicates the topic of a thread started yesterday.
I mean I wouldn't expect anyone to read every thread in the forum, or even to search back over days worth of threads to see if what they're posting has already been posted. But is it too much to look back a day or so -- especially when what you're posting about is "yesterday's news" (since each of these were news items yesterday, and inspired a timely post here as they broke in the mainstream news sources).
By the way, no one should misunderstand or take offense because of this, I'm not taking it too seriously; I don't really care; it's not a big deal; etc. It's just something I've been noticing a lot lately: people post, but they don't read.Specializing in SEO and PPC management.
06-28-2002, 04:02 PM #2Dennis Johnson
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- Jun 2001
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- Kalamazoo
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I, actually, read a lot more than I post. And, reading this thread, I'm having a little hard time trying to figure out the poll. Although it's not a huge accomplishment to confuse me (it's something that comes natural to me).
I understand what you're noticing. But I don't think there's any easy fix. I know, before I start a thread, I do not search and make certain that there is not a duplicate. I think as this forum has become busier, an increase in threads containg the same or similar content may be expected. I'm sure that if a mod were notified that threads of the same subject matter were in play at the same time, they would either combine them or delete the newer one(s).There is no best host. There is only the host that's best for you.
06-28-2002, 08:03 PM #3Web Hosting Master
- Join Date
- Jul 2001
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- 889
seems like you are asking 2 things:
I look for titles that interest me and I skim over the posts.
Then depending on a few factors, I usually end up reading about half of the interesting ones...
I almost always do a search before I post (a question). Obviously if I don't find what I want, I'll go ahead and ask...
06-28-2002, 08:15 PM #4Russ
- Join Date
- Mar 2002
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- Philadelphia, PA
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I CRAVE INFORMATION. I read EVERY SINGLE new thread on this forum each day, and take mental notes. When I get bored, and there is no new information to consume, I will begin to postLinux junkie | steward.io
06-28-2002, 08:19 PM #5Dennis Johnson
Originally posted by vigor
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. . . . . . . When I get bored, and there is no new information to consume, I will begin to postThere is no best host. There is only the host that's best for you.
06-28-2002, 08:44 PM #6Disabled
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I do both. Depends if there's a question I want to answer.
06-28-2002, 09:24 PM #7Web Hosting Guru
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Read more; Post Less, but when I post it counts?


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The 5.2 release is all about making NeoLoad even faster. Already the fastest solution for designing and executing performance tests, NeoLoad now contains more automation features than ever before.
If all that's not enough, NeoLoad 5.2 is also the first load testing solution to support HTTP/2 applications!Watch the Release Webinar


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This was my first time staying at this hotel. The check-in process went smooth, as my and my girlfriend were let in our rooms earlier then the check-in time. The views from the balcony were stunning. Our first day there we seen a full rainbow from our balcony. Everything you need is at pretty close to the hotel. The rooms were very clean. Overall my experience at the Quality Inn Lakefront was great.
- Reservation Options:
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Spiced Tilapia & Lemon Butter Sauce
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Love tilapia! And this dish looks so delicious and easy to make. I have tried many of times to perfect a butter sauce, and failed miserably! Definitely going to give yours a try the next time I attempt to make it.
Great recipe and great blog!
Can I use white cooking wine, or would it not taste the same? I would omit the salt from the rub.
We tried this and loved it! I'm making it again next week. Thank you!
[…] Full directions for this delicious recipe at chocolate-broccoli.com […]


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- Home
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You are searching for Eating & Drinking
18 - 20 St. Georges Street, Canterbury, CT1 2SS, Tel: 01227 478769, www.mcdonalds.co.uk/
89-90 St Dunstan's Street, Canterbury, CT2 8AD, Tel: 01227 780749, Email, www.chapmanscanterbury.co.uk/
Chapman's is an independent, friendly, local seafood restaurant with a brasserie style menu. We offer the freshest fish, locally caught, alongside locally sourced ingredients. Light lunches and Set Menu available Tuesday - Saturday.
Tower Hill, Whitstable, CT5 2BW, Tel: 01227 281726, Email, www.whitstablecastle.co.uk
Enjoy wonderful views across the Castle Gardens whilst sampling our freshly baked scones or a selection of mouth watering cakes. Light lunches available.
Old Thanet Way, Herne Bay, CT5 3JE, Tel: 01227 794979, www.mcdonalds.co.uk
Seating for 100, free WiFi available.
20-22 St Margaret's Street, Second floor of Waterstones, Canterbury, CT1 2TH, Tel: 01227 452232
Brownlee and Ivy independent café located above Waterstones, St Margarets Street, Canterbury.
Stour Street, Canterbury, CT1 2NR, Tel: 01227 766266, www.abodecanterbury.co.uk/
The Old Brewery Tavern may look back to historical antecedents, but it is wholly contemporary in design, outlook, approach and style.
17 Sun Street, Canterbury, CT1 2HX, Tel: 01227 470011, www.canteenfresh.co.uk
Canteen serves freshly made-to-order flatbreads, baguettes, salads and home made specials to eat in or take away. Drinks include teas, coffees, smoothies and freshly pressed juices.
4 Butchery Lane, Canterbury, CT1 2JR, Tel: 01227 652401, www.clubburrito.com/
The best Mexican street food in Canterbury made to order with authentic ingredients. Eat in with premium cocktails and live music or take away.
67 Burgate, Canterbury, CT1 2HJ, Tel: 01227 784514, Email, www.moattearooms.co.uk
Speciality: Homemade cakes and cupcakes, cream teas, breakfast coffee and tea
Moat Tea Rooms is a traditional tea room set in a beautiful 15th Century building. Serving breakfast, lunch and afternoon tea throughout the day. A wide selection of homemade cakes, scones, soup & lunches available to also takeaway.
University of Kent, Canterbury, CT2 7NB, Tel: 01227 769075, Email, www.thegulbenkian.co.uk/eat-and-drink/
The lively licensed Gulbenkian Café is a favourite haunt for all members of the University community as well as the general public known with excellent food made from locally sourced ingredients.
30-33 High Street, Canterbury, CT1 2RX, Tel: 01227 766266, www.abodecanterbury.co.uk/
ABode Canterbury's County Restaurant offers the ultimate dining experience, with delicious modern European cuisine accommpained by an exceptional wine list, served with professional yet not too formal style.
Stour Retail Park, Canterbury, CT1 1AD, Tel: 01227 452312, www.mcdonalds.co.uk
1 Pound Lane, Canterbury, CT1 2BZ, Tel: 01227 458629, Email, www.onepoundlane.co.uk/
The Pound Bar & Kitchen at One Pound Lane is set within Canterbury's atmospheric former city gaol and police station dating back to c1830, adjacent to the spectacular 600 year old Westgate Towers.
37 St Dunstans Street, Canterbury, CT2 8BZ, Tel: 01227 456665, www.monumentcanterbury.co.uk
Recently refurbished 19th Century Shepherd Neame pub, that offers traditional home cooked food as well as tapas.
1 Dover Street, Canterbury, CT1 3HD, Tel: 01227 780793, cornerhouserestaurants.co.uk/
We believe in serving quality British food in relaxed surroundings. Our menu changes frequently, depending on seasonal availability of ingredients and all dishes are made from scratch.
The Street, Ickham, Canterbury, CT3 1QP, Tel: 01227 721308, www.thedukewilliamickham.com/
A traditional British pub set in the heart of the beautigul Kent countryside. Owned by Mark Sargeant, ex right hand man to Gordon Ramsey and owner of Rocksalt Restaurant in Folkestone, The Duke offers pub and bar menus.
The Street, Chilham, CT4 8DL, Tel: 01227 730351, Email, www.woolpackinnchilham.co.uk
Speciality: Daily special boards operating
The Woolpack Inn boasts a home-cooked menu with many of the ingredients being sourced locally. Fish comes off the boat in the morning and often is on the plate by lunch service.
7 Butchery Lane, Canterbury, CT1 2JR, Tel: 01227 458081, www.thecityarmspub.co.uk/
The City Arms is a 15th century pub situated in the heart of the city of Canterbury where you will be guaranteed a warm welcome. The City Arms is renowned for its range of Craft Beers from around the world and traditional ales.


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A high quality traditional game of Chess with wooden board and pieces. The game contains 16 white chessmen and 16 black ones. The aim of each player is to checkmate the opponent's king. The king is never captured. When it could be taken at the next move, the king is in check. If it cannot be moved out of check, checkmate is declared. The player who begins plays with the white chessmen. Players take it in turns to make one move each. This game is for 2 players and suitable for ages 8 years and up.
If ordered before 9pm, delivered by courier next working day. Available on orders placed before 9pm (2pm weekends and Bank Holidays) for delivery next business day. Applies to most delivery addresses within mainland UK.
Please remember to add postal time (2-3 working days) to obtain a complete estimate of delivery to your door.
You will receive an email to confirm when your item has been sent.
You can also check the status of your order and individual items by accessing My Account details and following the prompts.
Please allow 10 working days from dispatch of your order before notifying us of any late deliveries.
It may be advisable to check with your neighbours to see if a parcel has been left with them, check any outhouses you might have where it may be left if it cannot fit through your letterbox and contact your local sorting office to see if the item has been returned to the depot as undelivered and awaiting collection.
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Wella Eimi Perfect Setting Gift Set 2015
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I tried this product, thought it was great but if you are light complected with cool undertones, watch out! My skin appeared very sallow and when I took it off after walking outdoors, the washcloth was yellow. However, if you have warm undertones, the product dries quickly, allowing you to proceed to your makeup. Leaves a nice texture, but not for everyone.
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Spies of Washington Tour
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This tour offers four walking tours that focus on espionage-related sites in Georgetown and around the White House, Pennsylvania Avenue, Capitol Hill, and the Russian Embassy areas. Carol Bessette, a retired Air Force intelligence officer, conducts the tours, which cost $12 per person. Private tours and bus tours are also available.
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Item as per photograph.Postage & Packaging - look at the Shipping Charges below. Feel free to combine with any of my other current auctions into a single shipment to save on costs.The highest postage of the items that you bid on will apply. Payment - EFT please - no cheque deposits. Please NO exceptions.
Stockpiling is allowed, as long as payments are done at least once a week - please inform me if you want to stockpile.SNCs will be filed if transactions are not completed within 7 days from date of auction closure. I reserve the right to delete bids from buyers with a negative track record (in the interest of other bidders).Happy Bidding!
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- Product Description
This product includes:
- 24 full color cards
- full color directions
- full color adjective & adverb headers
- student recording page
- teacher answer sheet
- 24 b/w cards
- b/w directions
- b/w adjective & adverb headers
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Great practice
I agree - great practice for students who struggle to differentiate between adverbs and adjectives.Elise M - Homeschooler - Member Since May 2016
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I am an upper elementary teacher with a passion for creating new products for my classroom! I love sharing those products with my fellow teachers. When I am not teaching or creating, I enjoy reading, playing board games, and spending time with my friends and family. I would love for you to visit me at www.crystalclearteaching.com.
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Sci fi/Fantasy image byCeinwen Fang
I'm drawing a series of all twelve Zodiac signs -starting with Aries. Can you spot all the symbolism? I tried to get as much meaning into the drawing as possible. This is maybe the first human I've drawn - it was very hard work, but I learned a lot!
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Adidas Core 15 Training Pant Black
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Product information
Build up the kind of speed that gets you all the way to the goal line with these men's soccer pants. Made from sweat-wicking climalite fabric, they feature ankle zips and a comfortable tapered fit.
- 30.5" inseam (size Med)
- climalite fabric sweeps sweat away from your skin
- Front zip pockets
- Ankle zips
- Tapered fit
- 100% polyester doubleknit
- Imported