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Michael Scott Ioane257 E. Bellevue Road, #188Atwater, CA
95301(775) 841-1776
Plaintiff In Pro Per
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF KERN METROPOLITAN DIVISION
MICHAEL SCOTT IOANE,
Plaintiff,
vs.
TREBLE, LLC, and ROBERT E. BELL,
Defendants.
)
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CASE NO. S-1500-CV-269076-WPD
PLAINTIFFS SEPARATESTATEMENT IN OPPOSITION TODEFENDANTS
SUMMARYJUDGMENT MOTION
DATE: March 29, 2012TIME: 8:30 amDEPT: 15TRIAL: April 30,
2012
Pursuant to CCP 437c (b)(3), plaintiffs submit this statement in
opposition to
defendants Separate Statement of Undisputed Material Facts:
Defendants Material Facts Plaintiffs Response, Material Facts
&
And Alleged Supporting Evidence: Supporting Evidence
1. Treble, Bell, and Mariposa Holdings, Inc
entered into a Settlement Agreement and
Mutual Release of Claims (the
Agreement) on June 9, 2009.
Undisputed. It should further be noted that
Southern Financial was not a party to the
Agreement.
2. On or about June 12, 2009 Treble and
Bell submitted their first installment
Undisputed.
1PLAINTIFFS SEPARATE STATEMENT IN OPPOSITION TO SUMMARY
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payment of $5000 under the terms of the
agreement.
3. On June 16, 2009 Revenue Officer
Michael Hoos served Treble and Bell with a
Notice of Levy to attach the funds
originally invested in Treble, LLC by
Southern Financial Services [predecessor in
interest to Mariposa Holdings, Inc.]
Undisputed, except no evidence exists that
any funds originally invested in Treble,
LLC by Southern Financial Services
existed at that time (or any other).
4. Treble and Bell, through counsel,
forwarded a copy of the Notice of Levy to
Mariposa via U.S. mail and Mariposa
indirectly acknowledged receipt of said
Levy through reply correspondence.
Undisputed that the Notice of Levy was
forwarded to Mariposa. Disputed as to
whether any levy was actually put into
effect since no notice of seizure exists (as
required under 26 U.S.C. 6502(b)).
5. Since receiving the Notice of Levy,
Treble has been making monthly
installment payments to the Internal
Revenue Service and as of December 2011,
the Internal Revenue Service has received a
total of $55,000 from Treble, LLC pursuant
to the Notice of Levy.
Disputed. See objections to Hoos and Bell
Declarations
Additional Material Facts Supporting Evidence
6. Since Southern Financial never actually
acquired any membership in Treble, LLC, a
See 6 of Settlement Agreement attached to
Bell Decl.
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material fact exists as to whether it ever had
any funds invested in Treble, LLC.
7. On December 23, 2005, whatever
interest Southern Financial may have had
in Treble, LLC (if any) was sold to
Mariposa Holdings. At this time, any
interest Southern Financial may have had
in Treble was presumptively terminated,
and could not have possibly existed in June
2009. Although the terms of the sale are
not disclosed, any funds Southern Financial
may have submitted to Treble would
presumptively have been returned to
Southern Financial by Mariposa.
Bell Decl, 3, Settlement Agreement 7
Date: March 5, 2012 Submitted by,
_________________________________Michael Scott Ioane
3PLAINTIFFS SEPARATE STATEMENT IN OPPOSITION TO SUMMARY
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DECLARATION OF SERVICE BY MAIL
I, _____________________, declare that I am at least 18 years of
age, and not a
party to the suit. My address is ____________________,
_____________, __________.
I hereby certify the attached PLAINTIFFS SEPARATE STATEMENT
IN
OPPOSITION TO DEFENDANTS SUMMARY JUDGMENT MOTION was served
on
the following by enclosing a true and correct copy thereof in a
sealed envelope with
postage fully prepaid, and depositing same in the United States
mail, addressed as
follows:
JOSEPH P. HANSON5001 California Ave., Ste 219
Bakersfield, CA 93309(Attorney for defendants)
I declare under penalty of perjury that the foregoing is true
and correct. Executed
on ____________, 2012 at _____________, California.
_________________________________
4PLAINTIFFS SEPARATE STATEMENT IN OPPOSITION TO SUMMARY
JUDGMENT
