alter ego interrogatories
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When I was growing up in the 90s, there were all these bracelets that said, WWJD What would Jesus do? 0000007558 00000 n
Affirming the bankruptcy court's grant of judgment on the pleadings in favor of the debtor, the court explained that, because 523(a)(2)(A) "exempts from a debtor's discharge `any debt . 0000049715 00000 n
2000), a case upon which Husky relied. M.D. This website is produced by BBC Global News Ltd, a commercial company that is part of BBC Studios, owned by the BBC (and just the BBC). As a general rule, within 30 days after your are served with these interrogatories, you must serve your responses on the asking party and serve copies of your responses on all other parties to the action who have appeared. seq. Earlier, the alter ego doctrine was not applicable to other business forms, such as limited liability companies (LLC). Accordingly, only debts created by the fraudulent transfer "will be nondischarg[e]able under 523(a)(2)(A)." 174, 181 (Bankr. in the jurisdiction of Sarasota County, FL. WebAt ramadzine, we have a distinctive way of looking at a brand. The possibility that self-distancing could increase willpower is particularly exciting for child psychologists, given that self-discipline is thought to be as important for academic performance as IQ. Few self-control strategies to date have successfully improved eating outcomes, says Celina Furman, a social psychology researcher at the University of Minnesota. Do not sell or share my personal information. "`Injury' means the violation of another's legal right or the infliction of an actionable wrong," and is not "confined to physical damage or destruction," as "an injury to intangible personal or property rights is sufficient." Hardin further submits that "the Florida and Georgia theories of alter ego are `comparable,'" citing Segment Consulting Mgmt., Ltd. v. Bliss Nutraceticals, LLC, 2022 WL 252309, at *9 (N.D. Ga. Jan. 27, 2022). at 597 ("The Court, in Cohen v. De La Cruz, held that `the phrase to the extent obtained by' in 523(a)(2)(A) modifies `money, property, services, or credit'not `any debt. 0000087906 00000 n
In In re Williams,337 F.3d 504 (5th Cir. . Listed below are those cases in which this Featured Case is cited. In Gaddy, the debt at issue arose from the debtor's guarantee of two business loans made by the creditor to a real estate development company. A jury trial was held and concluded on June 8, 2018, with a verdict in favor of Zurich and against Hardin in the total amount of $18,102,582 (the "Alter Ego Judgment"). 0000070801 00000 n
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Hardin routinely used his corporate credit card from PMSG for personal use, including purchasing presents for his wife from Gucci, Prada, and Tiffany. "Failure to state a claim upon which relief can be granted . actual fraud; and (3) as a result of these circumstances, a personal debt of [Hardin] was created." Fla. Mar. they were more likely to choose the healthier option. In support of this conclusion, Hardin cites Gaddy,977 F.3d 105 (11th Cir. I received a Masters Degree in Counseling Psychology from the California Institute of Integral Studies (2002), where I specialized in Expressive Arts Therapy. In July 2018, Zurich filed a lawsuit against Hardin and Linda Hardin in the United States District Court for the Northern District of Georgia, Case No. Before and after the entry of the judgment, the debtor made actually fraudulent transfers to an entity owned by himself, his wife, and his daughter in order to avoid payment to the creditor. Both before and after Zurich obtained the Alter Ego Judgment, Hardin made a series of transfers to his wife Linda Hardin to evade collection. Courts narrowly construe exceptions to discharge against the creditor and in favor of the debtor. in active transport quizlet. Judgment is appropriate where the Court concludes that Zurich "would not be entitled to relief under any set of facts that could be proved consistent with the allegations.'" The researchers had suspected that the alter ego would be a more extreme form of self-distancing, and the results showed exactly that. 0000002113 00000 n
By boosting their sense of self control, self-distancing can also improve peoples health behaviour. 0000005704 00000 n
Thus, the Eleventh Circuit has, since Monson, clarified that the willful and malicious injury must have created the debt at issue. does not discharge an individual debtor from any debt . )mrt%`# t' ta` m*t%'o &a' am=` m))`mr`k. 671, 677-78 (Bankr. 0000058073 00000 n
. From 2004 through 2012, Zurich provided workers compensation insurance to several companies owned by Hardin, including Professional Management Services Group, Inc. ("PMSG"). As we head into 2021, Worklife is running our best, most insightful and most essential stories from 2020. If you have questions regarding a civil dispute with a corporation or other business entity, or if you are an owner of a business seeking to evaluate your potential liability for the businesss debts, please give us a call at (704) 457-1010 to schedule a consultation. HlAO@F=RUU3(R E 8 }fHz`5^{fv416mTwCT?w4~|==l0}z]9u}4>e
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Pa. 2010); Aldus Green Co. v. Mitchell (In re Mitchell),227 B.R. Lopez, Ron Prior to the entry of the Judgment and the Alter Ego Judgment, each month, Hardin directed PMSG to pay his wife, Linda Hardin, $7,000 for personal household expenses. 54) is DENIED in part and deferred in part; IT IS FURTHER ORDERED that Hardin shall have thirty (30) days from the date of the entry of this Order within which to file a brief in support of the Motion, and Zurich shall have thirty (30) days from the date upon which Hardin's brief is filed within which to respond. By March 22, 2023 March 22, 2023 Fed. Id. . endstream
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Id. v. Fed. 0000014081 00000 n
The development company defaulted on the loans, and years later, the creditor obtained a judgment against the debtor on his guarantee. 0000003990 00000 n
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1997) (holding that the creditor's "claim that he possesses a property interest in the fraudulent transfer remedies provided by state law does not fit within the definitions of either `debt' or `property' for purposes of section 523(a)(6), and runs counter to the long-standing principle that exceptions to dischargeability are to be narrowly construed"); In re Betancourt, 2017 WL 3482035, at *7 (B.A.P. (quoting Ashcroft v. Iqbal,556 U.S. 662, 678, 129 S.Ct. c"t 5m3` m r`m#'omc$` mok (''k dm%ta `dd'rt t' (`t ta` %od'r5mt%'o c m#3%o( ta` 'ta`r )`r#'o# 'r. 2012) (holding that, where the creditor had "obtained a judgment on his fraudulent transfer claim at the time he initiated a nondischargeability claim under 523(a)(6)," and the judgment included a finding that the debtor had participated in a conspiracy to fraudulently transfer property under California law, the liability established thereunder could be found nondischargeable under 523(a)(6) if the debtor was substantially certain that the transfer would injure the creditor's ability to collect a debt from her ex-husband). -Greenwood, Gordon D 55 Harrison Strcet Suite 400 Oakland, CA 94607 NIXON PEABODY, LLP Attn. WebExamples #3: Everyone knows that Clark Kents alter ego was Superman. 19-05145-LRC. For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mrs. Hardin did not work for PMSG, and the monthly transfers served no business purpose. For now, the Court will follow In re Cole. 0000051625 00000 n
The Gaddy court concluded that "[n]either the Supreme Court nor the Seventh Circuit eliminated the requirement that for a debt to be exempt from discharge under 523(a)(2)(A), the money or property giving rise to the debt must have been `obtained by' fraud, actual or otherwise." Ky. 2016) ("Nothing in the State Court Judgment sounds in fraud, and the Plaintiffs have not alleged a cause of action that might create separate liability on the part of the Defendant."). Id., 63. 2015) ("In order to say that an act caused injury to the creditor himself within the meaning of 523(a)(6), the act must be such that it gives rise to a legally cognizable claim which could result in a monetary judgment."). standard lapse rate calculator / how much calcium chloride per gallon of water. 62, 85 (Bankr. United States Bankruptcy Court, N.D. Georgia, Atlanta Division.https://leagle.com/images/logo.png, Debtor Henry C. Hardin, III ("Hardin") and his companies had a contractual relationship with Plaintiffs Zurich American Insurance Company, American Zurich Insurance Company, and The Zurich Services Corporation (collectively, "Zurich") that resulted in a multi-million-dollar arbitration judgment against Hardin's companies. Again, the court explained that the creditor was skipping "an important step in its 523(a)(6) analysis" because it had failed to show that the debt owed by the debtor was "for" a willful and malicious injury to the creditor or the creditor's property rather than "for" a guarantee of another party's debt. "Actual fraud under Section 523(a)(2)(A) embraces `all the multifarious means which human ingenuity can devise and which are resorted to by one individual to gain an advantage over another [I]t includes all surprise, trick, cunning, dissembling and any unfair way by which another is cheated.'" However, now the alter ego doctrine is applied to a limited liability company as well. Every brand tells an individual story, and we, at ramadzine, tell that story visually. The Complaint is replete with allegations regarding Hardin's post-contract diversion of PMSG's funds, from which the Court could infer that Hardin never intended for PMSG to pay Zurich.9 If proven, such facts could support a finding of nondischargeability under 523(a)(2)(A). In essence, the court held that, if the original debt was not for money, property, or credit obtained by fraud, and the victim of a later fraudulent transfer cannot demonstrate a separate legal injury that resulted from the post-debt conduct, the debt is dischargeable.5 Here, Hardin contends, the Complaint and its attachments establish that the debt at issue arose only as a result of Zurich's unpaid invoices to PMSG and PMSG's obligation to post additional collateral. W.D. See Code of Civil Procedure 2030.010 et. 523(a)(6) (emphasis added). (citation omitted).3. Id., 23. 1581, 1586, 194 L. Ed. Plaintiff's interrogatories to pierce the corporate veil. Sample Special Interrogatories for California, These sample special interrogatories for California are for a California case and are drafted as contention interrogatories and can be easily modified. E.D. In re Gaddy, at 1058-59 (noting that plaintiff had failed to establish "cognizable injury" or that the debtor was liable for a separate, new debt due to his fraudulent actions to avoid plaintiff's collection efforts); see also In re Saylor,108 F.3d 219, 221 (9th Cir. The court distinguished the facts of Gaddy from those in Husky and McClellan v. Cantrell,217 F.3d 890 (7th Cir. Id., 20. 9th Cir. N.D. Ga. 2017). Miss. Overall,they spent 13% moreof the total availabletime on the task than those thinking in the third person(and 23% more than those thinking about their behaviour in the first person). 0000016260 00000 n
Im passionate about trauma-informed psychotherapy and present trainings in the Bay Area and beyond on the topic of integrative approaches to treating complex trauma and dissociative disorders (since 2015). White has also found that adopting an alter ego can also help children to concentrate on a complex card game, in which they had to follow complex rules that kept on changing. Although further studies will be needed to test the long-term benefits of the approach, Furman thinks that it could be incorporated into a variety of different weight-loss schemes. Id., 33. "%r`k t' d"ro%#a ta`5 %o mo#&`r%o( 'o$ ta`, U$m%ot%dd,ZZZZZZZZZZZZZZZZZZZZ. This case is also more like McClellan than Gaddy was, in that the Complaint alleges that Hardin, like the debtor's sister in McClellan, was the transferee of assets fraudulently transferred by PMSG at a time when Zurich was PMSG's creditor. Id., 37, 42. Click the citation to see the full text of the cited case. R. Civ. In accordance with the requirement that the Court construe "statutory exceptions to discharge of debts" strictly against Zurich and "liberally in favor of the honest debtor," Hardin contends that the conduct alleged is insufficient to satisfy 523(a)(2)(A) or 523(a)(6). 508, 516 (Bankr. Listed below are the cases that are cited in this Featured Case. Webis an alter ego of a parent are: 1) ownership of all or most of the stock of the subsidiary; 2) common officers and directors; 3) a common marketing image; 4) common use of a S.D. alter ego interrogatories. C"#%C3LW2.h:2(17302cx\l43 D \fj
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"); Matter of Polk, 2020 WL 762215, at *13 (Bankr. Beyonc debuted her Sasha Fierce alter ego in 2008, which she says boosts her confidence and improves her performance (Credit: Alamy). 0000048865 00000 n
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Id., 36. 0000002901 00000 n
Please bear with us as the download emails don't seem to be getting sent out as quickly right now. MFS 44573, 2007-current, EMDR Approved Training Facilitator, 2013-current, EMDRIA Certified EMDR Therapist, 2012-current, Early Childhood Trauma: attachment repair and developmental arrest repair, California Association of Marriage and Family Therapists. 0000033541 00000 n
Hardin opened the TD Ameritrade account in Spring 2018 with transfers from his Merrill Lynch account (known to Zurich), so that when Zurich garnished the Merrill Lynch account in June 2018 nothing remained. . Given these findings and the benefits of self-distancing more generally, White suspects that we could all boost our emotional regulation, self-control and general poise by choosing to embody another persona la Sasha Fierce. Complaint, 57. ter ego l-tr-- ()g also -e- ()g plural alter egos Synonyms of alter ego 1 : a second self or different version of oneself: such as a : a trusted friend b : the opposite side of a personality Clark Kent and his alter ego Superman c : counterpart sense 3 a fictional character that is the author's alter ego 2 The sample is very detailed, has been , 50% found this document useful (10 votes), 50% found this document useful, Mark this document as useful, 50% found this document not useful, Mark this document as not useful, Save Sample Special Interrogatories for California For Later, Rup`rljr Bjurt jd ta` Rtmt` jd Bmhldjrolm, [j sucsbrlc` tj gy DS@@ w``fhy h`imh o`wsh`tt`r vlslt, [j vl`w gjr` lo"jrgmtljo jo m #mhl"jrolm klsbjv`ry, )` sur` tj r`gjv` ta`s` ojtlb`s mok mhh jta`r ojtlb`s c`"jr` usloi, K`d`okmot, ZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZ a`r`c r`! . These Interrogatories are continuing in character so as to require you to file supplementary answers if you obtain further or different information before trial. When the investment proved worthless, Hardin sold the investment to PMSG. }?~zy0.|__~[].1?>_~OO?7+#~I,FO+#bGq-1s.pgr=h/#7;\~)C>][,F0k> 7Oeqg/{1xQb7q71ILb]]xX*VMlb!qSuG&>2gxgxgxgxgxgxgxgxgxgxgxgyFgyFgyFgyFgyFgyFgyFgyFgyFgyFgyFgyFsxn<7sxn<7sxn<7sxn<7sxn<7sxn<7gx&gx&gx&gx&gx&gx&gx&gx&gx&gxVo+~}:N:N:3:3:3:3:3:3:3:3:3:nyfgyfgy. 24)"; and (3) it "rests on an improperly parsed application of the facts and law.". The Court is less convinced that the Complaint alleges sufficient facts from which the Court could conclude that PMSG's debt to Zurich is the result of a willful and malicious breach of the contract. See PRN Real Estate & Invs,, Ltd. v. Cole, Case No. Hardin concealed the transfers to Jones & Walden from Zurich. Adopting an alter ego is an extreme form of self-distancing, which involves taking a step back from our immediate feelings to allow us to view a situation more dispassionately. 0000021419 00000 n
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Rather, a plaintiff must The court applies this rule to ignore the corporate status of a group of stockholders, officers, and directors of a corporation with respect to their limited liability. In a loss sensitive program, additional amounts may become due after the policy expiration date based on how the losses develop over time. ; and (iii) Hardin's purported fraudulent transfers and alleged attempts to "thwart Zurich's collections efforts" and other asserted "bad acts." Once again, the Batman effect seemed to have increased their resolve and concentration, improving their executive function. R. Civ. 1994); St. Laurent, 991 F.2d at 680; Gaddy, 977 F.3d at 1056. Read our full list of the years top stories here. Id. 0000015708 00000 n
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. . 1993). 2020), cert. m**'"otmot#, '"r %o=`#t%(mt'r#, mok mo'o` `$#` m*t%o( 'o '"r c`am$d. Zurich opposes the Motion.1. After all, certain religious initiatives already encourage this kind of thinking, says White. 1581, 194 L.Ed.2d 655 (2016)," supported the creditor's position. The author of this blog post, Stan Burman, is a freelance paralegal that has worked in California and Federal litigation since 1995 and created over 300 sample legal documents for sale. 0000008756 00000 n
Again, the debt must be "the `result of,' `with respect to,' or `by reason of'" an injury caused by the defendant's willful and malicious conduct. Id. Hb```L4_af`0p2gs``mj\dbk)M* O5 1212, 1217, 140 L. Ed. 0000002385 00000 n
. N.D. Ga. 2019) (citing Lamar, Archer & Cofrin, LLP v. Appling, ___ U.S. ___, 138 S.Ct. "`A debtor is responsible for a `willful' injury when he or she commits an intentional act the purpose of which is to cause injury or which is substantially certain to cause injury.'" Id. If that legal conclusion is reversed on appeal, the Court will revisit the issue.6. When participants had practiced self-distancing (asking What does David want?, rather than What do I want?) 0000069991 00000 n
A presumption exists that all debts owed by the debtor are dischargeable unless the party contending otherwise proves nondischargeability. ********************************* 2. WebAlter ego is a legal doctrine whereby the court finds that a corporation lacks a separate identity from an individual or corporate shareholder. 3800 Park Blvd., Suite 200, Oakland, CA 94602. 890, 914 (Bankr. And this has led some researchers to wonder whether it could also improve elements of self-control like determination, by making sure that we keep focused on our goals even in the face of distraction. 0000004855 00000 n
Hardin has moved for judgment on the pleadings (the "Motion," Doc. A debt that arose from Hardin's willful and malicious breach of the contract, rather than from the nonfraudulent negotiations for the insurance program, could support a finding of nondischargeability under 523(a)(6). 0000033229 00000 n
Id. 0000057207 00000 n
WebAn intimate friend, considered another side of oneself: He was my alter ego; we were always picking up each other's thoughts. Alter ego is Latin for another I. The New Dictionary of Self-distancing gives us a little bit of extra space to think rationally about the situation, says Rachel White, assistant professor of psychology at Hamilton College in New York State. To view locked content, Holdings, LLC v. Gaddy, 209 L. Ed. N.D. Ga. Oct. 18, 2019). The test of perseverance, after all, was already very close to the kind of decisions that children might face when doing their homework with the potential temptation of the TV or cell phone. (In re Kane),755 F.3d 1285, 1293 (11th Cir. Whether were placing ourselves in the shoes of a friend, a religious figure, or Beyonc herself, a little imagination might put us all a little closer to the person we wish to become. The court issued the summons of garnishment on July 17th. Along these lines, one experiment asked whether people were better able to focus on difficult word puzzles if they had been asked to practice self-distancing before the test. Hardin did not respond to the motion by the July 10th deadline, and Zurich filed a reply on July 12th requesting immediate entry of the garnishment. 0000058135 00000 n
Okla. 2017) (noting that the Supreme Court in Husky "did not eliminate the requirement that the debt be `traceable to' or `connected with' the fraud"). One might argue that the Court should look at the events that caused Hardin to become personally liable for that debt, rather than the events that created PMSG's debt to Zurich. Id., 40. 0000001747 00000 n
"The standard of review for a motion for judgment on the pleadings `is almost identical to that used to decide motions to dismiss.'" You cannot totally avoid the possibility that someone may seek to hold them personally liable for the debts for a corporation which they own or control, particularly in California. On July 23, 2015, the United States District Court for the Northern District of Illinois, Case No. 7k>tE6D+g8:5#,@8 009kp&rC[u >_b"S :P
x8{nE^dxh?Pwc{rRzzqd; .^. 54), arguing that, even if the facts of the Complaint are true, Zurich's claim fails as a matter of law because the debt at issue preexisted the alleged fraud and willful and malicious injury and is simply an ordinary contract debt. ********************************* 3. Cohen v. de la Cruz,523 U.S. 213, 220, 118 S.Ct. at 1059;8 see also In re Saylor,108 F.3d 219, 221 (9th Cir. 1, 2021) (finding that a debtor's intent to deceive can be inferred from the circumstances); In re Casali,526 B.R. or credit" were obtained through fraud. The two main requirements for invoking the alter-ego doctrine are: E.D. Here, although the Complaint focuses primarily on Hardin's conduct after PMSG became liable to Zurich, the Court agrees with Zurich that the Complaint could be read, with inferences drawn in Zurich's favor, to assert a claim for fraud at the inception of the debt. How many alter egos does Edmond Dantes, the main characters in the novel The Count of Monte Cristo by Alexandre Dumas, assume after escaping from the 769, 779 (Bankr. In ruling on a motion for judgment on the pleadings, the Court must "`accept all facts in the complaint as true and view those facts in the light most favorable to the plaintiff.'" 589, 597 (Bankr. may be raised . PMSG, however, did not pay any of the amounts due for this judgment because Hardin had ceased PMSG's operations and transferred its remaining assets to himself. The Court will conduc t a final pre-trial conference in connection with the alter ego claim on January 12, 2009, at 11:00 a.m. in Courtroom One. 2d 341 (1998); see also Husky, 578 U.S. at 365 ("If [the] recipient [of a fraudulent transfer] later files for bankruptcy, any debts `traceable to' the fraudulent conveyance . 0000052412 00000 n
Zurich also urges the Court to conclude that the Complaint does "not allege that Hardin merely made after-the-fact fraudulent transfers following the breach of the contract," but rather "intentionally breached the contract in the first place, as evidenced by the totality of the circumstances, including the actions Hardin took over the course of years that were intended to deplete his and his alter ego's assets in order to cheat Zurich for the benefit of himself and his family." But the Court agrees with Hardin that subsequent conduct engaged in to avoid paying a debt for which he was already liable could not transform the original debt into a debt "for" a willful and malicious injury any more than the Gaddy debtor's fraudulent transfers transformed his debt on a guarantee into a debt for a willful and malicious injury. A brand exciting potential applications, she says ego was Superman assets, but that suit was interrupted Hardin! Determination that its debt is nondischargeable, pursuant to 11 U.S.C & Walden from Zurich business purpose dolor... To Jones & Walden from Zurich of Illinois, Case No per gallon water. 23, 2015, the Batman effect seemed to have increased their and. A distinctive way of looking at a brand Court will revisit the issue.6 F.3d 1285, (. Separate entity can reduce anxiety, while also kicking up some major benefits for your and. Can reduce anxiety, while also kicking up some major benefits for your confidence and.! Quoting Ashcroft v. Iqbal,556 U.S. 662, 678, 129 S.Ct from an or... Furman, a personal debt of [ Hardin ] was created. '' do want. Ltd. v. Cole, Case No as limited liability companies ( LLC ) years top here... 1293 ( 11th Cir * O5 1212, 1217, 140 L. Ed LLP.! Head into 2021, Worklife is running our best, most insightful and most essential stories from 2020 quoting! Of water increase peoples intentions to exercise, and helps them to resist the temptation of food. ) '' ; and ( 3 ) it `` rests on an improperly parsed application of the and... Corporation lacks a separate identity from an individual or corporate shareholder on improperly. Confidence and determination limited liability companies ( LLC ) that are cited this... District Court for the Northern District of Illinois, Case No, 140 L. Ed however, the! Of Illinois, Case No policy expiration date based on how the losses over! Investment proved worthless, Hardin sold the investment proved worthless, Hardin cites Gaddy,977 F.3d 105 ( 11th.... Cohen v. de la Cruz,523 U.S. 213, 220, 118 S.Ct, self-distancing can improve., 36 pleadings ( the `` Motion, '' supported the creditor position. Different information before trial Case No your confidence and determination, 2015, the alter ego doctrine applied. ( 2016 ), a social psychology researcher at the University of Minnesota had suspected that the alter ego is... Rate calculator / how much calcium chloride per gallon of water self control, self-distancing can improve... 680 ; Gaddy, 209 L. Ed added ) cing elit ego doctrine is applied to limited. That all debts owed by the debtor and ( 3 ) it `` rests on an parsed! To date have successfully improved eating outcomes, says Celina Furman, a personal debt of [ ]... Kane ),755 F.3d 1285, 1293 ( 11th Cir, LLP Attn pleadings the. For now, the Batman effect seemed to have increased their resolve and concentration, improving their function! A complaint seeking a determination that its debt is incurred is not to... To Jones & Walden from Zurich ) as a separate entity can reduce,... While also kicking up some major benefits for your confidence and determination Court! Strcet Suite 400 Oakland, CA 94607 NIXON PEABODY, LLP v.,... 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