alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Filed 1/3/23 Sheen v. Mirabella Investments Group CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions 

not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion 

has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

KWANG K. SHEEN,

Plaintiff and Appellant,

v.

MIRABELLA INVESTMENTS 

GROUP, LLC,

Defendant and Respondent.

 B301718

 Los Angeles County

 Super. Ct. No. BC631510

APPEAL from a judgment of the Superior Court of 

Los Angeles County, Patricia D. Nieto, Judge. Affirmed.

Los Angeles Center for Community Law and Action, Noah 

Grynberg, Tyler Anderson, and Gina Hong for Plaintiff and 

Appellant. 

Gupta, Evans & Ayres, Ajay Gupta, Chris S. Evans and 

Jacob Ayres for Defendant and Respondent.

____________________
2

This is Sheen IV.

Sheen I was our 2019 ruling that Wells Fargo Bank owed 

Kwang Sheen no tort duty during contract negotiations. (Sheen 

v. Wells Fargo Bank (2019) 38 Cal.App.5th 346 (Sheen I).) 

Sheen II was Sheen v. FCI Lender Services, Inc. (Oct. 30, 

2020, B297640) 2020 WL 6375020 [nonpub. opn.] and was against 

a different defendant in the same home loan lawsuit. The force of 

Sheen I’s logic propelled victory for this different defendant.

Sheen III was our Supreme Court’s affirmance of Sheen I in 

2022. (Sheen v. Wells Fargo Bank, N.A. (2022) 12 Cal.5th 905 

(Sheen III).)

Sheen IV involves the same plaintiff Sheen, his same 

lawyer, and their same second amended complaint in the same 

home loan case, although now the appeal is against a different

but similarly situated defendant: Mirabella Investments Group, 

LLC. (See Sheen I, supra, 38 Cal.App.5th at pp. 349–350 

[describing Mirabella’s role].) 

Absent a tort duty, Sheen had no case against any of these 

defendants. Sheen III annulled Sheen’s theory against them. 

DISPOSITION

We affirm the judgment and award costs to the respondent. 

WILEY, J.

We concur: 

STRATTON, P. J. HARUTUNIAN, J.*

* Judge of the San Diego Superior Court, assigned by the Chief 

Justice pursuant to article VI, section 6 of the California 

Constitution.
### §556. Incidental transfers

The Director of the Office of Management and Budget, in consultation with the Secretary, is authorized and directed to make such additional incidental dispositions of personnel, assets, and liabilities held, used, arising from, available, or to be made available, in connection with the functions transferred by this chapter, as the Director may determine necessary to accomplish the purposes of this chapter.

(Pub. L. 107–296, title XV, §1516, Nov. 25, 2002, 116 Stat. 2311.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, known as the Homeland Security Act of 2002, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 101 of this title and Tables.
### SUBCHAPTER IV—OTHER COMMODITIES
#### CUNNINGHAM v. NILSON.

(Supreme Court, Appellate Term.

January 2, 1903.)

1. Highways—Injury to Pedestrians—Obstructions—Negligence—Question for Jury.

Whether the placing and maintaining of a sign five feet wide and seven feet high, on the sidewalk, on its narrower end, leaning against a truck, unfastened to it in any way, its lower end being two feet therefrom, and no one being left to guard it, was, under the conditions of wind and weather prevailing, negligence, was a question for the jury.

Appeal from Municipal Court, Borough of Manhattan, Sixth District.

Action by Mary Cunningham against Eric Nilson. From a judgment dismissing the complaint, plaintiff appeals. Reversed.

Argued before FREEDMAN, P. J, and CLARKE and GREENBAUM, JJ.

Kneeland, La Fetra & Glaze (Edward B.. La Fetra, of counsel), for appellant.

John E. Duffy, for respondent.

CLARKE, J.

Plaintiff was walking along the sidewalk of Fifteenth street, near the corner of Broadway. Defendant was engaged in taking down from the wall of the said corner building a sign, and hanging a new one in its place. The old sign was five feet wide and seven feet high: It had been taken down and placed on the sidewalk on its narrower end; leaning against a truck drawn up against the Curb of Fifteenth street with the horses heading west. The lower end of the sign was about two feet from the truck, and on the sidewalk, so that it stood at a slight angle. It was not fastened to the truck in any way. No one was left to watch or guard it. There was evidence as to the condition of wind and weather. The sign had stood in this position for about half an hour, when, as the plaintiff was passing, a sudden gust of wind blew it over upon her, knocking her down and causing the injuries complained of. The sidewalks of the city are primarily for the free and uninterrupted passage of pedestrians. An incidental use thereof by abutting owners and people serving them is lawful, within limitations of reasonableness and care. There is no question of contributory negligence in this case. Whether or not the placing and maintaining the sign at the place and in the manner and under the conditions of wind and weather prevailing at the time was or was not negligent was not a question of law for the court, but of fact for the jury, and that question should have been submitted to it under proper instructions.

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event. All concur.
### SUBCHAPTER III—INDEMNITY PAYMENTS TO DAIRY FARMERS

#### **Editorial Notes**

#### Codification

Subchapter was enacted as Pub. L. 90–484, and not as part of the Dairy Production Stabilization Act of 1983 which comprises this chapter.
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<PERIOD-START>                                 Jul-01-1996
<PERIOD-END>                                   Jun-30-1997
<CASH>                                         47,470
<SECURITIES>                                   1,000,000
<RECEIVABLES>                                  65,760
<ALLOWANCES>                                   0
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<LOSS-PROVISION>                               0
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<INCOME-TAX>                                   83,552
<INCOME-CONTINUING>                            (6,011,352)
<DISCONTINUED>                                 0
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<CHANGES>                                      0
<NET-INCOME>                                   (6,011,352)
<EPS-PRIMARY>                                  (.59)
<EPS-DILUTED>                                  (.59)
        

</TABLE>
#### Agnes McC. Davis, Appellant, v. Henry Lewis, III, Respondent.

In an action by a former wife to recover the amount of arrears claimed to be *735due for her alimony and for the support of a child of the parties, under (1) a Nevada decree of divorce and (2) a separation agreement, the plaintiff appeals from an order of the Supreme Court, Queens County, entered in Nassau County February 9, 1960, denying her motion for summary judgment. The verbatim terms of the agreement were made part of the decree. The answer denies material allegations of the complaint. The answer also alleges affirmative defenses to the effect that the terms of the separation agreement merged into the decree of divorce; that the foreign court has not made an order fixing the amount of arrears; that the parties modified the terms of the separation agreement and the decree; and that plaintiff waived the said terms. Order affirmed, without costs. No opinion. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.
<PAGE>

                                                                    Exhibit 10.6


                          INDEPENDENT AUDITORS CONSENT


We consent to the incorporation by reference in the registration statement of
Elron Electronic Industries Ltd. on Form S-8 (File No. 333-10570) of our report
dated March 10, 2003, on our audit of the consolidated financial statements of
DEP Technology Holdings Ltd. as of December 31, 2002 and 2001, and for the two
years in the period ended December 31, 2002, which are included in the Elron
Electronic Industries Ltd. Annual Report on Form 20-F for the year ended
December 31, 2002.


/s/ Somekh Chaikin

Somekh Chaikin
Certified Public Accountants (Isr.)
A member of KPMG International

Tel Aviv, Israel
June 25, 2003
§ 245.31 ESCAT test. For ESCAT testing, the responsible military commander will notify the ATCSCC using the following sample statement: ( a ) Exercise, Exercise, Exercise, this is CONUS NORAD Region with a NORAD exercise message for ______ (State exercise name) ______. Simulate implementing ESCAT for ______ (Specified Area) ______. The following air control measures are being implemented. (Some examples are: Flight restricted zones, Temporary Flight Restrictions, and/or other specific air control measures for operators.) __________, __________, __________, __________. All aircraft not previously mentioned as exemptions are restricted from flight in the affected area until further notice. and/or EATPL Priorities ________ through ________ are being implemented. ATCSCC will advise the appropriate military commander when the affected FAA ATC facilities have reported simulating ESCAT. This is an exercise message for ______ (State exercise name) ______. Exercise, Exercise, Exercise.
( b ) ATCSCC will notify ARTCC(s)/CERAP(s).
( c ) ARTCC(s)/CERAP(s) will notify all appropriate U.S. civil and military approach control facilities and FSS. Upon completion of all actions, the implementation completion time will be forwarded to the ATCSCC.
( d ) ATCSCC will provide completion times to the appropriate military authority.
( e ) Tests should normally be conducted in conjunction with scheduled headquarters NORAD approved exercises. Individual NORAD Regions and Sectors may conduct tests when test objectives are local in nature and prior coordination has been effected with the ATCSCC.
( g ) A narrative summary of each test will be prepared by the ATCSCC and copies sent to the appropriate military authority. Each military authority will, in turn, forward copies of the summary to HQ NORAD and DHS.
### §1291. Adjustments in freight rates

#### (a) Complaints by Secretary of Agriculture; notice of hearings

The Secretary of Agriculture is authorized to make complaint to the Surface Transportation Board with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, and to prosecute the same before the Board. Before hearing or disposing of any complaint (filed by any person other than the Secretary) with respect to rates, charges, tariffs, and practices relating to the transportation of farm products, the Board shall cause the Secretary to be notified, and, upon application by the Secretary, shall permit the Secretary to appear and be heard.

#### (b) Secretary as party to proceedings

If such rate, charge, tariff, or practice complained of is one affecting the public interest, upon application by the Secretary, the Board shall make the Secretary a party to the proceeding. In such case the Secretary shall have the rights of a party before the Board and the rights of a party to invoke and pursue original and appellate judicial proceedings involving the Board's determination. The liability of the Secretary in any such case shall extend only to liability for court costs.

#### (c) Utilization of records, services, etc., of Department of Agriculture

For the purposes of this section, the Surface Transportation Board is authorized to avail itself of the cooperation, records, services, and facilities of the Department of Agriculture.

#### (d) Cooperation with complaining farm associations

The Secretary is authorized to cooperate with and assist cooperative associations of farmers making complaint to the Surface Transportation Board with respect to rates, charges, tariffs, and practices relating to the transportation of farm products.

(Feb. 16, 1938, ch. 30, title II, §201, 52 Stat. 36; Pub. L. 104–88, title III, §311, Dec. 29, 1995, 109 Stat. 948.)

#### **Editorial Notes**

#### Amendments

1995—Pub. L. 104–88 substituted "Surface Transportation Board" for "Interstate Commerce Commission" in subsecs. (a), (c), and (d), "Board" for "Commission" wherever appearing in subsecs. (a) and (b), and "Board's" for "Commission's" in subsec. (b).

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1995 Amendment

Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.
EXHIBIT 32.1:

In connection with the annual report of Texas Vanguard oil Company, (the
"Company") on Form 10-KSB for the year ended December 31, 2006, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, William G. Watson, the Principal Financial and Accounting Officer of the
Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

1.  The Report complies with the requirements of Section 13 (a) or 15 (d) of
the Securities Exchange Act of 1934; and

2.  The information contained in this Report fairly presents, in all material
respects, the financial conditions and results of operations of the Company.


Date:  March 29, 2007

By/s/ William G. Watson
--------------------------
William G. Watson, President,
Chief Executive Officer and Principal Financial Officer
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<ARTICLE> 5
<MULTIPLIER> 1
<CURRENCY> US DOLLARS
       
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<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               DEC-31-1998
<EXCHANGE-RATE>                                      1
<CASH>                                           4,721
<SECURITIES>                                         0
<RECEIVABLES>                                    7,529
<ALLOWANCES>                                         0
<INVENTORY>                                      4,981
<CURRENT-ASSETS>                                36,834
<PP&E>                                          57,145
<DEPRECIATION>                                  36,915
<TOTAL-ASSETS>                                  57,542
<CURRENT-LIABILITIES>                           23,307
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           833
<OTHER-SE>                                       5,564
<TOTAL-LIABILITY-AND-EQUITY>                    57,542
<SALES>                                         24,379
<TOTAL-REVENUES>                                24,379
<CGS>                                           18,466
<TOTAL-COSTS>                                   18,466
<OTHER-EXPENSES>                                 8,321
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 586
<INCOME-PRETAX>                                (2,659)
<INCOME-TAX>                                     (423)
<INCOME-CONTINUING>                            (2,236)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,236)
<EPS-PRIMARY>                                    (.27)
<EPS-DILUTED>                                    (.27)
        

</TABLE>
Exhibit 32  CERTIFICATIONS PURSUANT
TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18
U.S.C. SECTION 1350) In connection with the Quarterly
Report of Energy Conversion Devices, Inc. (the Company) on Form 10-Q for the
quarter ended March 31, 2008, as filed with the Securities and Exchange Commission on the
date hereof (the Report), Mark D. Morelli, Chief Executive Officer of the
Company, and Sanjeev Kumar, Chief Financial Officer of the Company, respectively, do each
hereby certify, pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.
§ 1350), that based on his knowledge: 1.
               
               The Report fully complies with the requirements of Section 13(a) or 15(d) of the
               Securities Exchange Act of 1934; and  2.
               
               The information contained in the Report fairly presents, in all material
               respects, the financial condition and results of operations of the Company.  /S/ Mark D. MorelliMark D. MorelliChief Executive OfficerMay 8, 2008/S/ Sanjeev KumarSanjeev KumarChief Financial OfficerMay 8, 2008
EXHIBIT 32.1:

In connection with the annual report of Texas Vanguard oil Company, (the
"Company") on Form 10-K for the year ended December 31, 2009, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, William G. Watson, the Principal Financial and Accounting Officer of the
Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

1.  The Report complies with the requirements of Section 13 (a) or 15 (d) of
the Securities Exchange Act of 1934; and

2.  The information contained in this Report fairly presents, in all material
respects, the financial conditions and results of operations of the Company.


Date:  March 26, 2010

By/s/ William G. Watson
--------------------------
William G. Watson, President,
Principal Financial and Accounting Officer
H. Res. 1133 

In the House of Representatives, U. S., 

April 11, 2024. 

Resolved, That the following named Members be, and are 

hereby, elected to the following standing committees of the 

House of Representatives: 

COMMITTEE ON APPROPRIATIONS: Mr. Cole, Chair. 

COMMITTEE ON ENERGY AND COMMERCE: Mr. James. 

COMMITTEE ON RULES: Mr. Burgess, Chair. Mr. Austin 

Scott of Georgia (to rank after Mr. Langworthy). 

COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE: Mr. Kiley. 

Resolved, That the following named Member be, and is 

hereby, ranked as follows on the following standing committee of the House of Representatives: 

COMMITTEE ON APPROPRIATIONS: Ms. Granger, after 

Mr. Rogers of Kentucky. 

Attest: 

Clerk.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted fromthe condensed
consoldiated balance sheet as of November 1,1997, and the condensed consoldiated
statement of operation of the Comapny as reorganized for the 4 weeks ended
November 1, 1997, and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   1-MO
<FISCAL-YEAR-END>                          JAN-31-1998
<PERIOD-END>                               NOV-01-1997
<CASH>                                          13,300
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                    211,200
<CURRENT-ASSETS>                               322,300
<PP&E>                                         125,700
<DEPRECIATION>                                   2,300
<TOTAL-ASSETS>                                 530,000
<CURRENT-LIABILITIES>                          210,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        10,225
<OTHER-SE>                                     130,600
<TOTAL-LIABILITY-AND-EQUITY>                   530,000
<SALES>                                         62,700
<TOTAL-REVENUES>                                62,700
<CGS>                                           48,700
<TOTAL-COSTS>                                   20,000
<OTHER-EXPENSES>                                 (300)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,000
<INCOME-PRETAX>                                (6,700)
<INCOME-TAX>                                       100
<INCOME-CONTINUING>                            (6,800)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (6,800)
<EPS-PRIMARY>                                    (.67)
<EPS-DILUTED>                                    (.67)
        

</TABLE>
EXHIBIT 32.2

    CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      I,  Anna  M.  Morrison,  Chief  Accounting  Officer  of  American  Vantage
Companies  (the  "Company")  certify,  pursuant to 18 U.S.C.  Section  1350,  as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

      (2)   the  Company's  Annual  Report on Form 10-KSB for the annual  period
            ended December 31, 2004 (the "Report"),  to which this certification
            has been made an exhibit,  fully complies with the  requirements  of
            Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

      (2)   the  information  contained in the Report  fairly  presents,  in all
            material respects, the financial condition and results of operations
            of the Company.


Dated:  May 5, 2005

                                           /s/ Anna M. Morrison
                                           -------------------------------------
                                           Anna M. Morrison,
                                           Chief Accounting Officer