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ROBERT H. NUNNALLY, JR.
State Bar Number 134151
WISENER*NUNNALLY, LLP
625 West Centerville Road, Suite 110
Garland, Texas 75041
(972) 485-5065
Fax (972) 840-6576
Attorneys for Insurance Commissioner
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
JOHN GARAMENDI, Insurance
Commissioner of the State of California,
Applicant,
vs.
MISSION INSURANCE COMPANY, a
California Corporation,
Respondent.
Consolidated with Case Numbers
C 576 324; C 576 416;
C 576 323; C 576 325; C 629709
Case No. C 572 724
Honorable J. Stephen Czuleger
(proposed)
ORDER GRANTING SECTION
1025 MOTION TO SET VALUATION
DATE
Hearing Date: September 26, 2003, at 8:30 a.m.
Department: 50
Filed: October 31, 1985
On the 26th day of September, 2003, the Court heard and considered the MOTION TO SET SECTION 1025 DATE FOR LIQUIDATION OF CLAIMS FOR FINAL DISTRIBUTION filed by the Insurance Commissioner in this action. Due notice was given of the motion, and the Court read and considered the timely oppositions to the motion, as well as the Insurance Commissioner's reply. The Court heard arguments of counsel at the hearing, as noted in the record of the hearing.
The Court hereby ORDERS that the Motion is hereby GRANTED. Accordingly, the Court ORDERS that December 31, 2003 is set as the last date by which unliquidated or undetermined claims filed by insureds, guaranty associations, or third party claimants who claim an entitlement to share as policyholder class claimants pursuant to California Insurance Code Section 1033 must make their claims liquidated and certain, in order to share in the final distribution in the Mission Insurance Company Trust, the Mission National Insurance Company Trust or the Enterprise Insurance Company Trust.
Nothing in this order is intended to expand the rights of any claimant in the proof of claim process, or to supersede the prior orders regarding proof of claims deadlines set by this Court. This motion shall not prevent approval of a policyholder class proof of claim (including guaranty association claim or third party claim) as to damages liquidated by December 31, 2003, even if the Insurance Commissioner's proof of claim approval happens subsequent to December 31, 2003
SO ORDERED.
Signed this 7 day of October, 2003.
J. STEPHEN CZULEGER
J. Stephen Czuleger, Judge of the Superior Court
Approved as to form only:
Lord, Bissell & Brook
by: ____________________
Barger & Wolen
by: ____________________
LeBoeuf, Lamb, Greene & MacRae
by: ____________________
Jones & Allyn
by: ____________________
Approved as to form only:
Lord, Bissell & Brook
by: ____________________
Barger & Wolen
by: ____________________
LeBoeuf, Lamb, Greene & MacRae
by: ____________________
Jones & Atlyn
by: ____________________
Approved as to form only:
Lord, Bissell & Brook
by: ____________________
Barger & Wolen
by: ____________________
LeBoeuf, Lamb, Greene & MacRae
by: ____________________
Jones & Atlyn
by: ____________________
PROOF OF SERVICE: By Mail
(Code Civ. Proc., §§ 1013, 2015.5)
STATE OF TEXAS, COUNTY OF DALLAS.
I am employed in the County of Dallas, State of Texas. I am over the age of 18 and not a party to the within action; my business address is 625 West Centerville Road, Suite 110, Street, Garland, Texas 75041
On this date, I served the foregoing documents Order Granting Section 1025 Motion To Set Valuation Date in the envelopes addressed as follows by regular mail:
See Attached Exhibit "A"
I am readily familiar with my employer's practices of collection and processing correspondence for mailing with the United States Postal Service and the above-referenced correspondence will be deposited with the United States Postal Service on the same date as stated above, following ordinary course of business.
