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Robert D.

Rodriguez SBN: 242396 Attorney at Law 429 13th Street Modesto, California 95354 (209) 596-4263 (telephone) Attorney for Plaintiff, Arcelia Torres

SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS ARCELIA TORRES, Plaintiff, vs. DIONICIA CAMACHO, and DOES 1 through 15, inclusive, Defendants. CASE NUMBER: 650864 [PROPOSED] ORDER OF COURT RE: PLAINTIFFS MOTION TO STRIKE PORTIONS OF THE DEFENDANTS ANSWER DEFENDANTS MOTION TO STRIKE REQUEST FOR ATTORNEYS FEES AND COSTS OF SUIT Date: May 18, 2010 Time: 8:30 a.m. Location: Dept. 23 Judge: Hon. Hurl Johnson Date Action Filed: February 24, 2010 Trial Date: None

Plaintiffs Motion to Strike Portions of the Defendants Answer this matter came on regularly for hearing on May 18, 2010, in Dept 23 of this Court, before the Hon. Hurl Johnson, presiding. The court considered the moving papers, opposing papers and reply papers of the parties appearing on the motion. The court issued a tentative ruling, and no challenge to the tentative ruling having been made, that ruling now becomes the order of court as follows: Plaintiff did not appear;

1 [PROPOSED] ORDER OF COURT RE: PLAINTIFFS MOTION TO STRIKE PORTIONS OF THE DEFENDANTS ANSWER Case No. 650864

Defendant did not appear; and The matter having been argued and submitted, and good cause appearing therefor: IT IS NOW THE ORDER OF THIS COURT that Plaintiffs Motion to Strike Portions of Defendants Answer - Defendants Motion to Strike Request for Attorneys Fees and Costs of Suit GRANTED in part and DENIED in part. They are GRANTED as to item 1 of each motions relief request regarding attorneys fees and DENIED in all other respects Plaintiff has leave to serve and file a first amended complaint on or before June 4, 2010.

Date:

____________________________________ Superior Court Judge

Approved as conforming to Court order:

______________________________ Maria Jaime, Attorney for Defendant

2 [PROPOSED] ORDER OF COURT RE: PLAINTIFFS MOTION TO STRIKE PORTIONS OF THE DEFENDANTS ANSWER Case No. 650864

Stanislaus County Case No.: 650864 Case Title: TORRES v. CAMACHO SUPERIOR COURT OF CALIFORNIA, COUNTY OF STANISLAUS PROOF OF SERVICE I am a resident of the United States and the State of California. I am employed in the County of Stanislaus. My business address is 429 13th Modesto, CA. 95354. My telephone is (209) 596-4263. I am over the age of eighteen years. I am not a party to the action or proceeding. I am familiar with the practice for the collection and processing of correspondence for mailing with the United States Postal Service for the Law Office of Robert D. Rodriguez. In accordance with the ordinary course of business, the below mentioned document(s) would have been deposited with the United States Postal Service on the same day on which it was placed for deposit: On May , 2010, I served the following documents(s):

[PROPOSED] ORDER OF COURT RE: PLAINTIFFS MOTION TO STRIKE PORTIONS OF THE DEFENDANTS ANSWER DEFENDANTS MOTION TO STRIKE REQUEST FOR ATTORNEYS FEES AND COSTS OF SUIT XXX_ by placing, or causing to be placed, a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Modesto, CA, addresses as set forth below. _____ by personally delivering, or causing to be delivered a true copy thereof to the person(s) at the address (es) set forth. XXX_ by causing a true copy thereof to be transmitted via facsimile followed by first class mail pursuant to the Rules of Court. Dionicia Camacho c/o Maria Jaime, Esq. 1300 K Street, Second Floor Modesto, CA 95354 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this document was executed this day of May 2010, in Modesto, CA. __________________________________ Robert D. Rodriguez

3 [PROPOSED] ORDER OF COURT RE: PLAINTIFFS MOTION TO STRIKE PORTIONS OF THE DEFENDANTS ANSWER Case No. 650864

4 [PROPOSED] ORDER OF COURT RE: PLAINTIFFS MOTION TO STRIKE PORTIONS OF THE DEFENDANTS ANSWER Case No. 650864