alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Filed 9 / 3 / 24 P. v. Villasana CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE,

Plaintiff and Respondent,

v.

GUILLERMO ANTONIO

VILLASANA III,

Defendant and Appellant. 2d Crim. No. B332109

(Super. Ct. No. 21F

- 04639)

(San Luis Obispo County)

In 20 21

, Guillermo Antonio Villasana III went wine tasting

in Paso Robles with J. R . The two then had drinks in a hotel bar

before going to dinner at a local restaurant. After they began

arguing at the restaurant , J. R

. decided to walk back to the hotel.

An upset Villasana arrived a few minutes after J.R

. and punched

her several times in the face.

A jury convicted Villasana of domestic violence. (Pen.

Cod e, § 273.5 , subd. (a)

. ) The trial court suspended imposition of

sentence and placed Villasana on t hree years of formal probation.

It also ordered him to serve 36 4 days in county jail.2 We appointed counsel to represent Villasana in this appeal.

After counsel examined the record, he filed an opening brief that

raises no arguable issues. On Ju ly 31 , 2024 , we advised

Villasana that he had until August 23, 2024, to submit any

contentions or issues he wished us to consider. We have not

received a response.

We have reviewed the entire record and are satisfied that

Villasana ’ s attorney fully complied with his responsibilities and

that no arguable issue exists. ( People v. Wende (1979) 25 Cal.3d

436, 441.)

The judgment is affirmed.

NOT TO BE PUBLISHED.

BALTODANO, J.

We concur:

YEGAN, Acting P. J.

CODY, J.Jacquelyn H. Duffy, Judge

Superior Court County of San Luis Obispo

______________________________

Micah Reyner, under appointment by the Court of Appeal,

for Defendant and Appellant.

No appearance for Plaintiff and Respondent.
**EXHIBIT 23**

 

Consent of Independent Auditors

 

The Board of DirectorsGardenburger, Inc.:

 

 

We consent to the incorporationby reference in the registration statement (Nos. 33-64622, 33-64624, 33-76764,333-79451, 333-79455, 333-61858 and 333-92665) on Form S-8 and (Nos. 333-56775and 333-79653) on Form S-3 of Gardenburger, Inc. of our report dated November7, 2003, except as to Note 16 to the financial statements, which is as ofDecember 29, 2003, with respect to the balance sheets of Gardenburger, Inc. asof September 30, 2003 and 2002, and the related statements of operations,shareholders’ deficit, and cash flows for each of the years in the two-yearperiod ended September 30, 2003, and the related financial statement schedule,which report appears in the September 30, 2003 annual report on Form 10-K ofGardenburger, Inc.

 

Our report refers to theadjustments applied to restate the 2001 financial statements as a result of theadoption of EITF 01-09, Accounting for Consideration Given by a Vendor to aCustomer or a Reseller of the Vendor’s Products described in Note 1, and therevisions required to include the transitional disclosures described in Note 2to the financial statements required by Statement of Financial AccountingStandards No. 142, Goodwill and Other Intangible Assets.

 

 
| /s/ KPMG LLP      |   |
|-------------------|--------|
| Portland, Oregon  |
| December 29, 2003 |

 

----
#### In the Matter of Gregory J. Paris, Appellant. Commissioner of Labor, Respondent.

[863 NYS2d 136]

*457Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 2, 2007, which assessed Gregory J. Parisi for additional unemployment insurance contributions.

Gregory J. Parisi is an attorney who operates his own law practice. In connection therewith, he retained various attorneys to perform services on behalf of his clients, including making court appearances, conducting depositions, handling discovery and preparing written motions and legal memoranda. The Unemployment Insurance Appeal Board ruled that these attorneys were Parisi’s employees and it assessed him for additional unemployment insurance contributions as a result. Parisi now appeals.

Initially, it is well settled that the existence of an employer-employee relationship is a factual issue for the Board to decide and its determination will not be disturbed if supported by substantial evidence *(see Matter of Concourse Ophthalmology Assoc. [Roberts],*60 NY2d 734, 736 [1983]; *Matter of Seneca Nation of Indians [Sweeney],*247 AD2d 732, 733 [1998]). In a case such as this involving the rendering of professional services, an employment relationship will be found if there is “ ‘substantial evidence of control over important aspects of the services performed other than results or means’ ” *(Matter of International Student Exch. [Commissioner of Labor],*302 AD2d 834, 835 [2003], quoting *Matter of Concourse Ophthalmology Assoc. [Roberts],*60 NY2d at 736; *see Matter of Singh [Thomas A. Sirianni, Inc.—Commissioner of Labor],*43 AD3d 498, 499 [2007]). In the case at hand, Parisi instructed the attorneys with respect to the work to be performed on his clients’ files and paid them an agreed-upon hourly rate which was not dependent on receiving payment from the clients. After the attorneys performed the services, they reported back to Parisi. Inasmuch as Parisi retained overall control of the attorneys’ services, substantial evidence supports the Board’s finding of an employment relationship *(see Matter of Spinnell [Commissioner of Labor],*300 AD2d 770 [2002]). This is so notwithstanding the existence of evidence in the record that supports a contrary conclusion *(see Matter of Singh [Thomas A. Sirianni,*Inc.— *Commissioner of Labor],*43 AD3d at 499).

Cardona, P.J., Spain, Rose, Lahtinen and Malone Jr., JJ., concur. Ordered that the decision is affirmed, without costs.
**EXHIBIT
      32.1**





**CERTIFICATION
      PURSUANT TO 18 U.S.C. SECTION 1350,**


**AS
      ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF
      2002**





In
      connection with the Quarterly Report of Total Identity Corp. (the "Company")
      on
      Form 10-QSB for the period ended September 30, 2005 as filed with the Securities
      and Exchange Commission (the "Report"), I, Matthew P. Dwyer, CEO and CFO of
      the
      Company, certify, pursuant to 18 U.S.C. SS. 1350, as adopted pursuant to SS.
      906
      of the Sarbanes-Oxley Act of 2002, that:





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 result of operations of the Company.








September
                21, 2006
            
            
            By:/s/ Matthew P. DwyerMatthew
                P. Dwyer, CEO, CFO, President, principal executive officer and principal
                financial and accounting officer





A
      signed
      original of this written statement required by Section 906, or other document
      authenticating, acknowledging, or otherwise adopting the signature that appears
      in typed form within the electronic version of this written statement has been
      provided to the Company and will be retained by the Company and furnished to
      the
      Securities and Exchange Commission or its staff upon
      request.
Exhibit 32.1

** **

** **

                           Certification of CEO andCFO

**                        Pursuant to 18 U.S.C. Section 1350,**

**                              As Adopted Pursuant to**

**                   Section 906 of the Sarbanes-Oxley Act of 2002**

 

 

 

In connection with theAnnual Report on Form 10-K of National Tax Credit Investors II (the"Partnership"), for the fiscal year ended December 31, 2009 as filed with theSecurities and Exchange Commission on the date hereof (the "Report"), Steven D.Cordes, as the equivalent of the chief executive officer of the Partnership, andStephen B. Waters, as the equivalent of the chief financial officer of thePartnership, each hereby certifies, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to thebest of his knowledge:

 

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

 

(2)        The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of thePartnership.

 

 

This certification isfurnished with this Report pursuant to Section 906 of the Sarbanes-Oxley Act of2002 and shall not be deemed filed by the Partnership for purposes of Section 18of the Securities Exchange Act of 1934, asamended.
CIRCUIT COURT OF THE CITY OF RICHMOND

#### Stupp Brothers Bridge and Iron Co. v. Commissioner of Dept. of Highways etc. and Edward J. Mazur

September 5, 1985

Case No. LF-657-3

By JUDGE WILLARD I. WALKER

It appears from the various memoranda of counsel that the only documents for production of which a court ruling is required are the memorandum of April 20, 1981, from Hodge to Burroughs, and an alleged VDH&T report. The court cannot be absolutely sure the report prepared by VDH&T was disclosed to the plaintiff, but I am convinced that its disclosure was inadvertent. Certainly, the memorandum of April 20, 1981, from Hodge to Burroughs was disclosed to plaintiff, but this was inadvertent. The documents at issue would ordinarily be protected under the provisions of Rule 4:1(b)(3) of the Rules of the Supreme Court of Virginia, inasmuch as they do constitute documents prepared in anticipation of litigation or for trial, and there is no showing in this case that the party seeking discovery has substantial need of the materials in the preparation of its case, or that it is unable without undue hardship to obtain the substantial equivalent of the materials by other means. Ordinarily, therefore, these documents would not be discoverable. The question that remains with the court is whether or not the inadvertent disclosure destroys the confidentiality or nondiscoverability that would otherwise exist. Based on a reading of the memoranda of both sides, I conclude that the inadvertent disclosure does not destroy the privilege existing under Rule 4:l(b)(3), and that these documents, therefore, need not be produced by the Commonwealth.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                                           <C>                      <C>
<PERIOD-TYPE>                                3-MOS                    9-MOS
<FISCAL-YEAR-END>                          AUG-31-1998             AUG-31-1998
<PERIOD-START>                             MAR-01-1998             SEP-01-1997
<PERIOD-END>                               MAY-31-1998             MAY-31-1998
<CASH>                                         303,829                 303,829
<SECURITIES>                                         0                       0
<RECEIVABLES>                                  191,600                 191,600
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                               571,878                 571,878
<PP&E>                                       1,932,399               1,932,399
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                               2,507,919               2,507,919
<CURRENT-LIABILITIES>                          734,485                 734,485
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                         9,155                   9,155
<OTHER-SE>                                   1,761,106               1,761,106
<TOTAL-LIABILITY-AND-EQUITY>                 2,507,919               2,507,919
<SALES>                                              0                       0
<TOTAL-REVENUES>                                 5,174                 597,916
<CGS>                                                0                       0
<TOTAL-COSTS>                                  169,566                 540,833
<OTHER-EXPENSES>                                     0                       0
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                              (164,392)                  57,083
<INCOME-TAX>                                         0                   6,240
<INCOME-CONTINUING>                          (164,392)                  50,843
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                 (164,392)                  50,843
<EPS-PRIMARY>                                   (.018)                    .006
<EPS-DILUTED>                                   (.018)                    .006
        

</TABLE>
<PAGE>

EXHIBIT 32.1

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

     In connection with the accompanying Annual Report on Form 10-KSB for the
period ended June 30, 2000 (the "Report") of Ingen Technologies, Inc. (formerly
known as Creative Recycling Technologies, Inc.), a Georgia corporation (the
"Company"), I, Scott R. Sand, Chief Executive Officer of the Company, hereby
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 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: March 5, 2007                      /s/ Scott R. Sand
                                          -----------------
                                          Scott R. Sand
                                          Chief Executive Officer
Exhibit 32.0

# ANTARES PHARMA, INC.

# CERTIFICATION OF CHIEF
EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)

Each
of the undersigned, Jack E. Stover and Lawrence M. Christian, the Chief Executive Officer
and the Chief Financial Officer, respectively, of Antares Pharma, Inc. (the
Company), individually and not jointly has executed this Certification in
connection with the filing with the Securities and Exchange Commission of the
Companys Quarterly Report on Form 10-Q/A for the fiscal quarter ended March 31, 2005
(the Report).

Each
of the undersigned hereby certifies that:

| | 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.
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------

IN
WITNESS WHEREOF, each of the undersigned has executed this Certification as of the 24th
day of August, 2005.

| |                                                                                                                                                                                                                              
| | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| | /s/ Jack E. Stover

Jack E. Stover
President and Chief Executive Officer
/s/ Lawrence M. Christian

Lawrence M. Christian
Vice President - Finance, Secretary and
Chief Financial Officer
[Federal Register Volume 82, Number 192 (Thursday, October 5, 2017)]
[Notices]
[Pages 46589-46590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21451]


-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration #15300 and #15301; Puerto Rico Disaster Number 
PR-00030]


Presidential Declaration Amendment of a Major Disaster for Public 
Assistance Only for the Commonwealth of Puerto Rico

AGENCY: U.S. Small Business Administration.

ACTION: Amendment 4.

-----------------------------------------------------------------------

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for Public Assistance Only for the Commonwealth of 
Puerto Rico (FEMA-4336-DR), dated 09/10/2017.
    Incident: Hurricane Irma.
    Incident Period: 09/05/2017 through 09/07/2017.

DATES: Issued on 09/26/2017.
    Physical Loan Application Deadline Date: 11/09/2017.
    Economic Injury (EIDL) Loan Application Deadline Date: 06/11/2018.

[[Page 46590]]


ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street SW., 
Suite 6050, Washington, DC 20416, (202) 205-6734.

SUPPLEMENTARY INFORMATION: The notice of the President's major disaster 
declaration for Private Non-Profit organizations in the Commonwealth of 
Puerto Rico, dated 09/10/2017, is hereby amended to include the 
following areas as adversely affected by the disaster.
    Primary Municipalities: Dorado, Gurabo, Naguabo.

    All other information in the original declaration remains 
unchanged.

(Catalog of Federal Domestic Assistance Number 59008)


James E. Rivera,
Associate Administrator for Disaster Assistance.
[FR Doc. 2017-21451 Filed 10-4-17; 8:45 am]
 BILLING CODE 8025-01-P
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

ALEXANDER GIL

, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 18

- 1706

[ November 7, 2019 ]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit,

Broward County ; Martin S. Fein , Judge; L.T. Case No. 17004907CF10A

.

Alexander Gil, Miami, pro se

.

Ashley Moody, Attorney General, Tallahassee and Jessenia J.

Concepcion, Assistant Attorney General, West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed.

T

AYLOR

, M AY and D AMOORGIAN

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
# ***Exhibit 32***

# * *

# ***CERTIFICATION PURSUANT TO SECTION 906***

***OF THE SARBANES-OXLEY ACT OF 2002***

 

Pursuant to 18U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Actof 2002, we the undersigned Chief Executive Officer and Chief FinancialOfficer, respectively, of Canterbury Park Holding Corporation (the “Company”),hereby certify that:

 

(1)                                                          The Annual Report of the Company on Form 10-Kfor the period ended December 31, 2007, (the “Report”) fully complies withthe requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)                                                          The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| Date: March 31,  2008 |   | /s/ Randall D. Sampson                       |
|----------------------------|--------|----------------------------------------------|
|                       |   | Randall D. Sampson,                          |
|                       |   | President, and Chief  Executive Officer      |
|                       |   | Canterbury Park Holding  Corporation         |
|                       |   |                                         |
| Date: March 31,  2008 |   | /s/ David C. Hansen                          |
|                       |   | David C. Hansen,                             |
|                       |   | Vice President, and  Chief Financial Officer |
|                       |   | Canterbury Park Holding  Corporation         |

 

----
EX-10.2



 Exhibit 10.2 

FOURTH AMENDMENT 
 TO THE

 FIFTH THIRD BANCORP NONQUALIFIED DEFERRED COMPENSATION PLAN 

(January 1, 2013 Restatement) 

WHEREAS, Fifth Third Bank (“Fifth Third”) sponsors and maintains the Fifth Third Bancorp Nonqualified Deferred Compensation
Plan, as amended and restated effective January 1, 2013 (“Plan”); 
 WHEREAS, Fifth Third desires to amend the Plan to
provide for the elimination of an investment benchmark that is based upon the performance of Fifth Third common stock effective as of September 20, 2019; and 

WHEREAS, pursuant to Plan section 15.1, Fifth Third reserved the right to amend the Plan at any time, and delegated authority to the
Fifth Third Bank Pension, 401(k) and Medical Plans Committee and its Chairman to amend the Plan. 
 NOW, THEREFORE, effective as of
the execution date of this Fourth Amendment, the Plan is hereby amended in the following respects: 
  

	 	1.	Section 8.2 of the Plan is amended to add the following paragraph at the end: 


“Notwithstanding the foregoing, as of September 20, 2019, the Fifth Third Stock Fund shall cease
to be used as an investment benchmark. The Committee shall have the authority and is directed to take any and all actions as are necessary to effect the provisions of this paragraph.” 

 

	 	2.	Except as otherwise amended herein, the Plan shall continue in full force and effect. 

 IN
WITNESS WHEREOF, Fifth Third has caused this amendment to be executed by its duly authorized representative this 12th day of April, 2018. 

 

					
	FIFTH THIRD BANK	 	
			
	By:    	 	  /s/ Robert P. Shaffer                            	 	
		 	Chairperson for the Fifth Third Bank
Pension, 401(k) and Medical Plan
Committee
# Fourth Court of Appeals
San Antonio, Texas

October 14, 2021

No. 04

- 20

- 00236

- CV

Lesley WENGER, City of Castle Hills Alderman Place 4 and Sylvia Gonzalez, City of Castle Hills Alderman Place 3, Appellants

v.

Mike FLINN, Bonnie Hopke, Vince Martinez, Scott Gray, Ginger Magers and Robbie Casey, Appellees

From the 438th Judicial District Court

, Bexar County, Texas

Trial Court No. 2019

- CI

- 15722 Honorable Larry Noll , Judge Presiding



### O R D E R

We grant appellants’ unopposed motion for an extension of time to file a motion for rehearing and request for en banc reconsideration. We order the motion for rehearing or en banc
reconsideration be filed by October 28, 2021

.

_________________________________ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 14th day of October, 2021

.

___________________________________ MICHAEL A. CRUZ

, Clerk of Court