EXHIBIT 10.13
JEFFER, MANGELS, BUTLER & MARMARO
RICHARD A. ROGAN (Bar No. 67310)
BRUCE M. PRICE (Bar No. 168507)
One Sansome Street, 12th Floor
San Francisco, California 94104-4430
Telephone: (415) 398-8080
Fax: (415) 398-5584
COX, CASTLE & NICHOLSON
SUSAN S. DAVIS (Bar No. 125854)
ADAM B. WEISSBURG (Bar No. 151044)
2049 Century Park East, Suite 2800
Los Angeles, California 90067-3284
Telephone: (310) 277-4222
Fax: (310) 277-7889
Attorneys for Plaintiff
HELLER FINANCIAL, INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF MARIN
HELLER FINANCIAL, INC., a ) CASE NO. 163981
Delaware corporation, )
) NOTICE OF MOTION AND MOTION FOR
Plaintiff, ) ORDER APPROVING RECEIVER'S
) FINAL ACCOUNTING, DISCHARGING
v. ) RECEIVER, EXONERATING
) RECEIVER'S BOND, AND APPROVING
ANGELES PARTNERS XV, a ) DISTRIBUTION OF RECEIVERSHIP
California limited partnership; ) FUNDS
ANGELES REALTY CORPORATION II, )
a California corporation; and ) DATE: October 27, 1995
DOES 1 through 200, inclusive; ) TIME: 9:00 a.m.
) DEPT: 1, Courtroom of the Hon.
Defendants. ) Gary W. Thomas
)
PLEASE TAKE NOTICE that on October 27, 1995, at 9:00 a.m. in Department 1
of the above captioned Court, located at the Hall Of Justice, 3501 Civic Center
Dr., #151, San Rafael, CA, the Honorable Gary W. Thomas presiding, Plaintiff
Heller Financial, In. ("Heller") will, and hereby does, move the Court for an
Order Approving the Receiver's Final Accounting, Discharging the Receiver,
Exonerating the Receiver's Bond, and Approving Distribution Of Receivership
Funds (the "Motion").
The grounds for the Motion are that Stephen E. Anderson (the "Receiver")
was duly appointed by Stipulation of the parties and Order of the Court entered
May 23, 1995, took possession of the subject property, and faithfully performed
his duties until turning possession of the subject property over to Heller on
August 1, 1995. All that remains for the final and prompt administration of
this case is for the Receiver's Final Accounting to be approved, his bond
exonerated, and the distribution of receivership funds approved.
The Motion is based upon this Notice of Motion and Motion, the
accompanying Memorandum Of Points And Authorities, the Receiver's Final
Accounting And Report, all pleadings and records already on file with the Court,
and such other and further evidence as the Court may wish to consider.
DATED: 9/29/95 JEFFER, MANGELS, BUTLER & MARMARO
RICHARD A. ROGAN
BRUCE M. PRICE
By: Bruce M. Price
BRUCE M. PRICE
Attorneys for Heller Financial, Inc.
Name, Address and Telephone No. of Attorney(s) Space Below for Use of Count
Clerk Only
Richard A. Rogan/Bruce M. Price
Jeffer, Mangels, Butler & Marmaro LLP
One Sansome Street, 12th Floor
San Francisco, CA 94104
415/398-8080
Attorney(s) for...........
Heller Financial, Inc.
....Superior.........COURT OF CALIFORNIA, COUNTY OF....Marin.........
(SUPERIOR, MUNICIPAL OR JUSTICE)
.................................................................
(Name of Muncipal or Justice Court District or of Bench court, if any)
Plaintiff(s): Heller Financial, Inc. CASE NUMBER 163981
REQUEST FOR DISMISSAL
TYPE OF ACTION
Defendant(s): Personal Injury, Property Damage
and Wrongful Death
Angeles Partners XV, et al. Motor Vehicle Other
Domestic Relations Eminent Domain
X Other:(Specify) Complaint for:
(1)Specific Performance of Deed of Trust
and Assignment of Rents;(2) Judicial
Foreclosure;(3) Specific Performance,
Appointment of (Abbreviated Title)
Receiver and Accounting; and
(4) Injunctive Relief
TO THE CLERK: Please dismiss this action as follows: (Check applicable boxes.)
1. With prejudice X Without prejudice
2. X Entire action Complaint only Petition only
Cross-complaint only Other: (Specify)
Jeffer, Mangels, Butler & Marmaro
Dated: .October 31, 1995....... Bruce M. Price
*If dismissal requested is at Attorney(s) for Heller Financial, Inc.
specified parties only, at
specified causes of action only or at
specified cross-complaints only, so
state and identify the parties,
causes of action or cross-
complaints to be dismissed. Bruce M. Price
(Type or print attorney(s) name(s))
TO THE CLERK: Consent to the above dismissal is hereby given.**
Dated:.........................
**When a cross-complaint (or Response Attorney(s) for
(Marriage) seeking affirmative relief) is on
file, the attorney(s) for the cross-complainant
respondent) must sign this consent when
required by CCP 581(1).(2) or (5).
(Type or print attorney(s) name(s))
(To be completed by clerk)
Dismissal entered as requested on.....................................
Dismissal entered on................as to only........................
Dismissal not entered as requested for the following reason(s), and
attorney(s) notified on.........................................
,Clerk
Dated............................ By ,Deputy
Form adopted by Rule 982 of CCP 581, etc.:
The Judicial Council of California REQUEST FOR DISMISSAL Cal. Rules of Court
Revised Effective July 1, 1972