alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Cite as State ex rel. Mason v. Matia , 2011-Ohio-3068.] 

# Court of Appeals of Ohio

EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA

JOURNAL ENTRY AND OPINION No. 95866



## STATE OF OHIO, EX REL., WILLIAM D. MASON, CUYAHOGA COUNTY PROSECUTOR

RELATOR

vs.



## HONORABLE JUDGE DAVID T. MATIA CUYAHOGA COUNTY COURT OF COMMON PLEAS

R ESPONDENT



### JUDGMENT: WRITS DENIEDWrits of Mandamus and Procendendo Motion No. 445353

Order No. 445354

RELEASE DATE: June 21, 2011

FOR RELATOR

William D. Mason Cuyahoga County Prosecutor

BY: Matthew E. Meyer Assistant Prosecuting Attorney The Justice Center, 8 th Floor 1200 Ontario Street Cleveland, Ohio 44113

ATTORNEY FOR RESPONDENT

Michael P. Maloney 24441 Detroit Road Suite 300 Westlake, Ohio 44145

LARRY A. JONES, J.:

{¶ 1} The relator, Cuyahoga County Prosecutor William Mason, commenced this

mandamus and/or procedendo action against the respondent, Judge David T. Matia, to compel

the judge to issue in the underlying case, State v. Hatfield , Cuyahoga County Common PleasCourt Case No. CR-532633, a journal entry reflecting his decision to grant a motion in limine

excluding an audio tape of an alleged drug transaction.

{¶ 2} A review of the docket in the underlying case shows that on May 13, 2011, the

respondent issued the following journal entry in the underlying case: “ Corrected entry of

August 24, 2010: Defendant ’ s motion in limine is granted. Defendant sought to deny the state

the opportunity to introduce and/or [sic] the tape recording made by the confidential informant

during his alleged drug buy from the claimed defendant. The State of Ohio refused to identify

the confidential informant during the discovery process and assured the court during a pre-trial

conference that they would not be calling the confidential informant as a witness. As a result,

the court granted the defendant ’ s motion in limine. ”

{¶ 3} This entry established that the relator has received his requested relief, a journal

entry granting the motion in limine. Accordingly, this writ action is moot, and the court, sua

sponte, dismisses this application for a writ of mandamus and/or precedendo. C osts assessed

against the respondent. The court directs the C lerk of C ourt of the Eighth District C ourt of

Appeals to serve upon all parties notice of this judgment and its date of entry upon the journal.

Civ.R. 58(B).

LARRY A. JONES, JUDGEMARY EILEEN KILBANE, A.J., and FRANK D. CELEBREZZE, JR., J., CONCUR
#### W. J. Keller, Rec. etc., v. C. S. Mitchell.

(No. 726, Op. Book No. 3, p. 454.)

Appeal from Dallas County.

Opinion by

White, P. J.

§ 97. *Stockholders in an irregular corporation; liability of.*A person who made a contract with an organization which had attempted irregularly to create itself into a corporation, and which acted as such, or who subscribed to its capital- stock, cannot, in a suit by the corporation, defend himself against a claim growing out of such contract or subscription, by alleging the irregularity of such organization. And one who receives a certificate of stock for-a certain number of shares at a given sum per share, thereby becomes liable to pay the amount thereof when called upon by the corporation or its assignee. Nor is it necessary to sustain the action, in such case, that there should have been a subscription for the whole amount *41named in the articles of incorporation. [Chubb v. Upton, 5 Otto, 665; Plank Road Co. v. Wetsel, 21 Barb. (N. Y.) 56.]

Reversed and rendered.
EX-10.3






Exhibit 10.3




VIASPACE INC.

AMENDMENT TO SENIOR SECURED CONVERTIBLE PROMISSORY NOTE




The following Section 8 (b) is changed to the following:



(b) Conversion Price. Subject to Section 8(c), the “Conversion Price” shall be equal to
50% of the Average Trading Price as reported by the principal trading exchange on which the
Company’s Common Stock is traded for the twenty (20) trading days preceding the date of the Note.



IN WITNESS WHEREOF, Company has caused this Amendment to be issued as of the date first written
above and Holder agrees to the terms and conditions of this Note.



VIASPACE INC.




By:/S/ CARL KUKKONEN


Name: Carl Kukkonen


Its: CEO



KEVIN SCHEWE




/S/ KEVIN SCHEWE