Sweetwater Malibu CA, LLC v. Mauricio Umansky et al
| Sweetwater Malibu CA, LLC and Teodoro Nguema Obiang Mangue |
| Mauricio Umansky, UMRO Realty Corp. and UMRO Realty Corp. a California corporation doing business as The Agency |
| 2:2019cv01848 |
| March 13, 2019 |
| US District Court for the Central District of California |
| Cormac J Carney |
| Alka Sagar |
| Suzanne H Segal |
| George H Wu |
| Contract: Other |
| Plaintiff |
Docket Report
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| Filing 69 Notice of Electronic Filing re Transcript (CV),, #66 , Notice of Filing Transcript 67 , Transcript (CV),, #65 , Transcript (CV),, #68 , Transcript (CV),, #64 e-mailed to Douglas Emhoff bounced due to 5.1.0 - Unknown address error. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lmh) TEXT ONLY ENTRY |
| Filing 68 TRANSCRIPT for proceedings held on 12/12/2019 8:30 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number h. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/31/2021. Redacted Transcript Deadline set for 4/12/2021. Release of Transcript Restriction set for 6/8/2021. (Hourigan, Terri) |
| Filing 67 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/22/2021 8:30; 9/10/2020 8:30; 12/5/2019 8:30; 12/12/19 8:30 8:30 a.m. re Transcript #65 , #66 , #64 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY |
| Filing 66 TRANSCRIPT for proceedings held on 2/22/2021 8:30 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/31/2021. Redacted Transcript Deadline set for 4/12/2021. Release of Transcript Restriction set for 6/8/2021. (Hourigan, Terri) |
| Filing 65 TRANSCRIPT for proceedings held on 9/10/2020 8:30 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/31/2021. Redacted Transcript Deadline set for 4/12/2021. Release of Transcript Restriction set for 6/8/2021. (Hourigan, Terri) |
| Filing 64 TRANSCRIPT for proceedings held on 12/05/2019 8:30 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/31/2021. Redacted Transcript Deadline set for 4/12/2021. Release of Transcript Restriction set for 6/8/2021. (Hourigan, Terri) |
Filing 63
ORDER FOR DISMISSAL WITH PREJUDICE #61 by Judge George H. Wu. (Made JS-6. Case Terminated.) (lom)
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| Filing 62 MINUTES OF TELEPHONIC POST-MEDIATION STATUS CONFERENCE held before Judge George H. Wu. Settlement is reached. The parties have filed a stipulation to dismiss on February 19, 2021. Order to issue. Court Reporter: Terri A. Hourigan. (lom) |
| Filing 61 NOTICE filed by Defendants UMRO Realty Corp., Mauricio Umansky. JOINT STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE (Heath, Levi) |
| Filing 60 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Monday's 02/22/2021 post mediation status conference at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 59 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The Court has reviewed the parties Joint Status Report (Docket No. #57 ). Pursuant thereto, the Court continues the December 14, 2020 status conference to February 22, 2021 at 8:30 a.m. The parties are to file a joint status report by February 17. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 58 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: Counsel are to appear telephonically for Monday's 12/14/2020 post mediation status conference at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 57 STATUS REPORT JOINT filed by Plaintiffs Teodoro Nguema Obiang Mangue, Sweetwater Malibu CA, LLC. (Brew, Julian) |
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Filing 56
ORDER DISMISSING ACTION AS TO DEFENDANT MAURICIO UMANSKY WITHOUT PREJUDICE PURSUANT TO FED. R. CIV. PROC. 41(a)(2), WITH RESERVATION OF JURISDICTION TO ENFORCE SETTLEMENT AGREEMENT AND ENTER STIPULATED JUDGMENT by Judge George H. Wu, re Stipulation to Dismiss Party, #55 . Mauricio Umansky (an individual) terminated. (mrgo)
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| Filing 55 STIPULATION to Dismiss Defendant Mauricio Umansky filed by Plaintiffs Sweetwater Malibu CA, LLC, Teodoro Nguema Obiang Mangue. (Attachments: #1 Proposed Order Dismissing Action as to Defendant Mauricio Umansky Without Prejudice Pursuant to Fed. R. Civ. Proc. 41(a)(2), with Reservation of Jurisdiction to Enforce Settlement Agreement and Enter Stipulated Judgment)(Brew, Julian) |
| Filing 54 NOTICE of Related Case(s) filed by Plaintiffs Teodoro Nguema Obiang Mangue, Sweetwater Malibu CA, LLC. Related Case(s): 2:20-cv-08945-SB-KSx (Brew, Julian) |
| Filing 53 MINUTES OF TELEPHONIC POST-MEDIATION STATUS CONFERENCE held before Judge George H. Wu: Court and counsel confer. First payment was made and second payment is due soon. For reasons stated on the record, the Court continues the status conference to December 14, 2020 at 8:30 a.m. Counsel are to file a joint status report by noon on December 8, 2020. Court Reporter: Terri A. Hourigan. (yl) |
| Filing 52 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu; Counsel are to appear telephonically for tomorrow's post mediation status conference at 8:30 a.m. by contacting the court clerk at javier_gonzalez@cacd.uscourts.gov for dial-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 51 STATUS REPORT Joint Status Report filed by Plaintiff Sweetwater Malibu CA, LLC. (Fisher, R) |
| Filing 50 MINUTES OF STATUS CONFERENCE held before Judge George H. Wu. Court and counsel confer. For reasons stated on the record, the status conference is continued to September 10, 2020 at 8:30 a.m., with a joint status report regarding settlement to be filed by noon on September 8, 2020. All previously set deadline and hearing dates are vacated and taken off-calendar. Court Reporter: Terri A Hourigan. (lom) |
| Filing 49 STATUS REPORT Amended filed by Plaintiff Teodoro Nguema Obiang Mangue. (Fisher, R) |
| Filing 48 STATUS REPORT filed by Plaintiff Teodoro Nguema Obiang Mangue. (Fisher, R) |
| Filing 47 MINUTES OF Post MediationStatus Conference held before Judge George H. Wu: Court Reporter: Terri A. Hourigan. Settlement is reached in principle. Court and counsel confer. For reasons stated on the record, the status conference is continued to December 12, 2019 at 8:30 a.m., with a joint status report to be filed by noon on December 10, 2019. The Government in consolidated action United States of America v. One White Crystal Covered Bad Tour Glove, et al., CV 11-3582-GW will be advised that its appearance on December 12, 2019 is required. (yl) |
| Filing 46 STIPULATION for Hearing re Status of the Matter & Continuance filed by Plaintiff Sweetwater Malibu CA, LLC.(Fisher, R) |
| Filing 45 ANSWER to Amended Complaint/Petition #42 with JURY DEMAND filed by Defendants UMRO Realty Corp., Mauricio Umansky.(Heath, Levi) |
| Filing 44 NOTICE of Pendency of Other Actions or Proceedings filed by Defendants UMRO Realty Corp., Mauricio Umansky. (Heath, Levi) |
| Filing 43 Notice of Appearance or Withdrawal of Counsel: for attorney Levi William Heath counsel for Defendants UMRO Realty Corp., Mauricio Umansky. Adding Levi W. Heath as counsel of record for Mauricio Umansky and UMRO Realty Corp. for the reason indicated in the G-123 Notice. Filed by Defendants Mauricio Umansky and UMRO Realty Corp.. (Attorney Levi William Heath added to party UMRO Realty Corp.(pty:dft), Attorney Levi William Heath added to party Mauricio Umansky(pty:dft))(Heath, Levi) |
| Filing 42 Second AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition #33 , Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiffs Sweetwater Malibu CA, LLC(Fisher, R) |
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Filing 41
ORDER by Judge George H. Wu: granting #40 Request to Substitute Attorney. Douglas C. Emhoff is substituted in place of attorney David L. Kirman for Defendants UMRO Realty Corp., and Mauricio Umansky. Added attorney Douglas C Emhoff for UMRO Realty Corp.,Douglas C Emhoff for Mauricio Umansky. Attorney David L Kirman and Andrew Jonathan Weisberg terminated. (mrgo)
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| Filing 40 REQUEST TO SUBSTITUTE ATTORNEY Douglas C. Emhoff in place of attorney David L. Kirman filed by Defendant UMRO Realty Corp., Mauricio Umansky. (Attachments: #1 Proposed Order) (Kirman, David) |
| Filing 39 MINUTES OF Motion Hearing held before Judge George H. Wu RE: Defendants Mauricio Umansky and UMRO Realty Corp.'s Motion to Dismiss Plaintiffs' First Amended Complaint Pursuant to Fed. R. Civ. P. 12(B)(6) #34 . The Tentative circulated and attached hereto, is adopted as the Court's Final Ruling. The Court would DENY in part and GRANT in part Defendants' Second Motion to Dismiss. The Court would grant the motion as to the statutory violations cause of action, as well as to the fraud and negligent misrepresentation causes of action to the extent those rely on affirmative misrepresentations. The Court would deny the motion as to the remaining claims. The Court would allow Plaintiffs an opportunity to replead the claims dismissed herein. Court Reporter: Anne Kielwasser. (gk) |
| Filing 38 REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint Pursuant to FED. R. CIV. P. 12(B)(6) ; Memorandum of Points and Authorities in Support Thereof #34 filed by Defendants UMRO Realty Corp., Mauricio Umansky. (Kirman, David) |
| Filing 37 TEXT-ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The Court, on its own motion, CONTINUES DEFENDANTS MAURICIO UMANSKY AND UMRO REALTY CORP.S MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(B)(6) #34 previously scheduled for 08/29/2019 to 9/9/2019 at 08:30 AM before Judge George H. Wu. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
| Filing 36 OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint Pursuant to FED. R. CIV. P. 12(B)(6) ; Memorandum of Points and Authorities in Support Thereof #34 filed by Plaintiff Sweetwater Malibu CA, LLC. (Fisher, R) |
| Filing 35 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint Pursuant to FED. R. CIV. P. 12(B)(6) ; Memorandum of Points and Authorities in Support Thereof #34 filed by Defendants UMRO Realty Corp., Mauricio Umansky. (Kirman, David) |
| Filing 34 NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' First Amended Complaint Pursuant to FED. R. CIV. P. 12(B)(6) ; Memorandum of Points and Authorities in Support Thereof filed by Defendant UMRO Realty Corp., Mauricio Umansky. Motion set for hearing on 8/29/2019 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Declaration of Andrew J. Weisberg, #2 Proposed Order) (Kirman, David) |
| Filing 33 First AMENDED COMPLAINT against Defendants All Plaintiffs amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Sweetwater Malibu CA, LLC(Fisher, R) |
| Filing 32 MINUTES OF DEFENDANTS MAURICIO UMANSKY AND UMRO REALTY CORPORATION'S MOTION TO DISMISS COMPLAINT #18 Motion Hearing held before Judge George H. Wu: The Courts Response to Supplemental Briefing is circulated and attached hereto. Court hears further argument. For reasons stated on the record, Defendants Motion is GRANTED with leave to amend. The Court consolidates this action with United States of America v. One White Crystal Covered Bad Tour Glove and Other Michael Jackson Memorabilia, CV 11-3582-GW-SSx for pretrial purposes only. Court Reporter: Katie Thibodeaux. (yl) |
| Filing 31 RESPONSE IN SUPPORT of NOTICE OF MOTION AND MOTION to Dismiss Complaint #18 / Response to Plaintiff's Supplemental Opposition to Motion to Dismiss filed by Defendants UMRO Realty Corp., Mauricio Umansky. (Attachments: #1 Supplemental Declaration of Andrew J. Weisberg in Support)(Kirman, David) |
| Filing 30 STATEMENT Addition of Plaintiff filed by Plaintiff Sweetwater Malibu CA, LLC (Fisher, R) |
| Filing 29 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Complaint #18 filed by Plaintiff Sweetwater Malibu CA, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Fisher, R) |
| Filing 28 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Complaint #18 Second Supplemental Brief filed by Plaintiff Sweetwater Malibu CA, LLC. (Fisher, R) |
| Filing 27 SUPPLEMENTAL BRIEF in Support re NOTICE OF MOTION AND MOTION to Dismiss Complaint #18 filed by Defendants UMRO Realty Corp., Mauricio Umansky. (Kirman, David) |
| Filing 26 SUPPLEMENT to NOTICE OF MOTION AND MOTION to Dismiss Complaint #18 Plaintiffs' Supplemental Brief in Opposition to Defendants' Motion to Dismiss filed by Plaintiff Sweetwater Malibu CA, LLC. (Fisher, R) |
| Filing 25 AMENDED MINUTES held before Judge George H. Wu re: Motion Hearing, Scheduling Conference - optional html form, #24 . (mrgo) |
| Filing 24 MINUTES OF DEFENDANTS MAURICIO UMANSKY AND UMRO REALTY CORPORATION'S MOTION TO DISMISS COMPLAINT #18 ; SCHEDULING CONFERENCE held before Judge George H. Wu. The Court's Tentative Ruling is circulated and attached hereto. Court hears oral argument. For reasons stated on the record, Defendants' Motion is continued to July 1, 2019 at 8:30 a.m. The Court orders simultaneous cross-supplemental briefs limited to seven pages to be filed by June 14, 2019. Simultaneous cross-replies limited to five pages are to be filed by noon on June 27, 2019. Plaintiff's request to add party is granted. The Court sets the following: Mediation Cutoff December 4, 2019; Post-Mediation Status Conference December 5, 2019 at 8:30 a.m.; Discovery Cutoff December 24, 2019; Expert Discovery Cutoff January 24, 2020; Motion Hearing Cutoff February 21, 2020; Pretrial Conference March 19, 2020 at 8:30 a.m.; Jury Trial March 31, 2020 at 9:00 a.m. No further amendments allowed; Compliance with FRCP 16 is required. Defendant's Answer is due two weeks from the date of this order. The parties are referred to ADR Procedure No. 3: Private Mediation. Court Reporter: Katie E Thibodeaux. (lom) |
| Filing 23 JOINT REPORT Rule 26(f) Discovery Plan filed by Defendants UMRO Realty Corp., Mauricio Umansky.. (Kirman, David) |
| Filing 22 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Complaint #18 filed by Defendants UMRO Realty Corp., Mauricio Umansky. (Kirman, David) |
| Filing 21 Opposition Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Complaint #18 filed by Plaintiff Sweetwater Malibu CA, LLC. (Fisher, R) |
| Filing 20 MINUTES OF STATUS CONFERENCE held before Judge George H. Wu. The Court relates this action, but does not consolidate with United States of America v. One White Crystal Covered Bad Tour Glove and Other Michael Jackson Memorabilia, CV 11-3582-GW(SSx). Counsel are set to return on June 3 for Defendant's Motion to Dismiss #18 . The Court sets a scheduling conference for June 3, 2019 at 8:30 a.m. Court Reporter: Katie E. Thibodeaux. (mrgo) |
| Filing 19 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Complaint #18 filed by Defendants UMRO Realty Corp., Mauricio Umansky. (Kirman, David) |
| Filing 18 NOTICE OF MOTION AND MOTION to Dismiss Complaint filed by Defendants UMRO Realty Corp., Mauricio Umansky. Motion set for hearing on 6/3/2019 at 08:30 AM before Judge George H. Wu. (Attachments: #1 Declaration of Andrew J. Weisberg in Support, #2 Proposed Order) (Kirman, David) |
| Filing 17 NOTICE of Appearance filed by attorney Andrew Jonathan Weisberg on behalf of Defendants UMRO Realty Corp., Mauricio Umansky (Attorney Andrew Jonathan Weisberg added to party UMRO Realty Corp.(pty:dft), Attorney Andrew Jonathan Weisberg added to party Mauricio Umansky(pty:dft))(Weisberg, Andrew) |
| Filing 16 STIPULATION Extending Time to Answer the complaint as to UMRO Realty Corp. answer now due 4/25/2019; Mauricio Umansky answer now due 4/25/2019, re Complaint (Attorney Civil Case Opening) #1 filed by Defendants UMRO Realty Corp.; Mauricio Umansky.(Kirman, David) |
| Filing 15 NOTICE of Interested Parties filed by Defendants UMRO Realty Corp., Mauricio Umansky, (Kirman, David) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT filed by Defendant UMRO Realty Corp. identifying The Agency Holdco, Inc. as Corporate Parent. (Kirman, David) |
| Filing 13 NOTICE of Appearance filed by attorney David L Kirman on behalf of Defendants UMRO Realty Corp., Mauricio Umansky (Attorney David L Kirman added to party UMRO Realty Corp.(pty:dft), Attorney David L Kirman added to party Mauricio Umansky(pty:dft))(Kirman, David) |
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Filing 12
Standing Order Re Final Pre-Trial Conferences for Civil Jury Trials Before Judge George H. Wu by Judge George H. Wu. (See document for details) (mrgo)
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| Filing 11 TEXT ONLY ENTRY - IN CHAMBERS: by Judge George H. Wu: The Court sets a STATUS CONFERENCE for 4/29/2019 at 08:30 AM before Judge George H. Wu. Counsel for Plaintiff will give notice to Defendants of the status conference once service has been completed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jag) TEXT ONLY ENTRY |
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Filing 10
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 2:11-cv-03582 GW(SSx). Case transferred from Judge Cormac J. Carney and Magistrate Judge Alka Sagar to Judge George H. Wu and Magistrate Judge Suzanne H. Segal for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:19-cv-01848 GW(SSx). Signed by Judge George H. Wu (rn)
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| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant UMRO Realty Corp., Mauricio Umansky. (iv) |
| Filing 8 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Sweetwater Malibu CA, LLC. (Fisher, R) |
| Filing 7 NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (esa) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Alka Sagar. (esa) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Sweetwater Malibu CA, LLC. (Fisher, R) |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Sweetwater Malibu CA, LLC, identifying Teodoro Nguema Obiang Mangue. (Fisher, R) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Sweetwater Malibu CA, LLC. (Fisher, R) |
| Filing 1 COMPLAINT Receipt No: 0973-23369922 - Fee: $400, filed by plaintiff Sweetwater Malibu CA, LLC. (Attorney R Kevin Fisher added to party Sweetwater Malibu CA, LLC(pty:pla))(Fisher, R) |
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