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Robert J. Fletcher No. 119770 Attorney at Law P.O. Box 824 Tulare, CA93274 (559) 684-1795 Attorney for Nicklas Hoffman et. al.

SUPERIOR COTIRT OF THE STATE OF CALIFORNIA

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IN AND FOR THE COUNTY OF TULARE

Melody Ann & Courtney Ray Gillespie,


Roxann Davidson.

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Plaintiffs,
vs.

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Nicklas Arthur Hoffinan, etc. et. al.


Defendants

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) ROBERT J. FLETCHER IN OPPOSITION ) TO CONSOLIDATION OF CASES ) ) Hearing Date: November Z9.Z01Z I Time: 8:30 A.M. l0 ) Dept: Hon. Lloyd L. Hicks ) Judge: )

) Case No.: 249049 ) ) MEMORANDUM OF POINTS AND ) AUTHORITIES AND DECLARATION OF

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COMES

Now wrongfull5' named defendant, Robert

J. Fletcher Attomey at Law who is

defendant wrongfully narned by these Vexatious Litigant Plaintiffs, Courtney and Melodv

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Gillespie, (hereinafter the "Gillespies"), and hereby object to their motion for order consolidati
cases #249A49

&#10'238961 on the grounds that the Gillespies' said motion fails to comply
as more

with the Statutes and Rules for such consolidation

particularly set forth in the

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accompanying Memorandun-r of Points and Authorities and Declaration of Robert J. Fletcher.

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Robert J.

APPLICATION FOR VEXATIOUS LITIGANT SECURITY AND MOTION 1'(] STRIKE COMpLAINT. etc.

PROOF OF SERVICE (CCP SECTIONS 1013a, 2015.5)


STATE OF CALIFORMA, COLINTY OF TULARE
I am a resident ofthe county aforesaid; I am overthe age ofeighteea (18) years and my business address is:
P.O. Box 824 Tulare, CA93275
On November 16, 2A12,1served the within

MEMORAI\{DUM OF POINTS AF{D

AUTHORITIES AND DECLARATION OF ROBERT J. FLETCHER IN OPPOSITION TO CONSOLIDATION OF CASES, by placing


a true copy thereof in an

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envelope to the addresses indicated below and I deposited the envelope, with postage prepaid, with the US Postal Service at Tulare, California.

fully

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Courtney Gillespie Melody Gillespie P.O. Box 8323 Porterville, CA 93258

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i declare
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under penalty of perjury, under the laws of the State of California that the

foregoing is true and correct.


Executed on November 16.2012, at Tulare, California.

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MEMORANDUM OT POINTS AND AUTHORITIES

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A MOTION TO CONSOLIDATE CASES MAY ONLY BE GRANTED WHERE A COMMON QUESTION OF'LAW OR F'ACT ARE PENDING BEFORE TIIE COURT AND AVOIDS UNNECESSARY COSTS OR DELAY.
C.C.P. 91048; Rute of Court $3.350
Here, the Giilespies fail to list all named parties in each case of those who have appeared

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in both cases, failed to include the captions of each case sought to be consolidated, and fails to list the iowest numbered case as the proposed lead case. Also, the earlier case, Superior Court Case No. 10-238961,has already gone through a motion to bifurcate the issues of Quiet Title from all other causes of action and has set trial for
December T7,2Al2 in Superior Court Department 7. Further, Robert J. Fletcher is the Attorney of record for Nicklas Hoftnan and Nickol Gerritsma in this Quiet Title action and is not a parfy thereto, but has been misjoined as a
named party defendant by the Gillespies in Superior court case

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No. z4ga4g.

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For these reasons the Court is respectfully requested to deny the Gillespies' motion for consolidation.

Daftd-Ll /t,,v
Robert J. Nicklas Hofftnan

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APPLICATION FOR VEXATIOUS LITIGANT SECURITY AND MOTIONTO STRIKE COMPLAINI etc.
Gillespie vs.

Hoffman,

Case

No. Z490/lg

DECLARATION OF ROBERT J. FLETCHER


I, Robert J. Fletcher, hereby declare as follows:

1- I am an attorney duly licensed to practice law before all the courts of the State of
Califomia and I make this declaration of my own personal knowledge. If called could and would testify competently to the matters set forth herein.

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2.

I am a defendant named in the superior court case No- 24g04g. I am the Attomey of Record for Nicklas Hoffrnan
and

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Nickol Gerritsma in their

Cross-Complaint to Quiet Title in Superior Court Case No. l0-238961 which cause o
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action is currently set for trial on December 17,2A12 in Superior Court Dept.7.
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4. I believe any consolidation of these two cases would unduly delay and increase costs
of litigation on the above Quiet Title action all to the prejudice of my said clients.

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I hereby declare under penaity of perjury under the laws of the State of California
that the foregoing is true and correct.

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APPLICATION FOR VEXATIOUS LITIGANT SECURITY AND MOTION TO STRIKE COMPLAINT'. etc.
Gillespie vs. Hoffrnan, Case No. 249049