Katina Dunn, Plaintiff,
DEUXAMIS PUBLISHING, INC., a California corporation; SUSAN HENDERSON, an individual; and DOES 1 through 20, inclusive. Defendants.
Case NO. GC039149
This case came on regularly for Trial on December 8, 2008 through December 9, 2008 in Department R of the above-entitled Court, the Honorable Edward C. Simpson, judge presiding. Plaintiff, KATINA DUNN ("DUNN"), appeared by her attorney of record, LAURA V. FARBER of Hahn & Hahn. Defendant, H. SUSAN HENDERSON ("HENDERSON") appeared In Pro Per. Witnesses on the part of both Plaintiff and Defendant were sworn in open Court and examined and exhibits were admitted into evidence. After hearing the testimony, reviewing the evidence and the arguments of counsel, the Court rendered its decision as follows:
Based on findings of fact and application of the law, the Court issued a Judgement for DUNN against HENDERSON on the shareholder derivative claims brought against HENDERSON for breach of fiduciary duty.
WHEREFORE, by virtue of the law, IT IS ORDERED, ADJUDGED AND DECREED that DEUXAMIS PUBLISHING, INC. ("DEUXAMIS") has a judgement against HENDERSON in the amount of $41,994.74 on the basis of HENDERSON's failure to provide capital contributions to DEUXAMIS.
WHEREFORE, by virtue of the law, IT IS ORDERED, ADJUDGED AND DECREED that DEUXAMIS be dissolved.
WHEREFORE, by virtue of the law, IT IS ORDERED, ADJUDGED AND DECREED that due to HENDERSON'S misappropriation of design, masthead and formatting of the Mount Wilson-Observer, that injunctive relief be granted against HENDERSON and that she be required to eliminate use of the word "OBSERVER" in all Mountain Views-Observer newspapers, published both in print and on website and on any other documents bearing the name, "Mountain Views-Observer."
WHEREFORE, by virtue of the law, IT IS ORDERED, ADJUDGED AND DECREED that DUNN as a shareholder having successfully brought a shareholder derivative claim on behalf of DEUXAMIS, is the prevailing party against HENDERSON.
Dated: DEC 30 2008
Edward C. Simpson
Judge of the Superior Court
(Much more on this later ..)