text:
Docket No. 50095.
April 4, 1978. Page 394
Appeal from Superior Court of Los Angeles County, No. C 125344, Paul G. Breckenridge, Jr., Judge.
Costello, Manfredi Thorpe, George A. Manfredi, Brien F. McMahon, Merrifield, Nelson Pennish, Rodney E. Nelson and Richard C. Pearson for Plaintiffs and Appellants.
Latham Watkins, A. Victor Antola, Ellen L. Fowler, Macdonald, Halsted Laybourne, Dennis Keeley, Travers D. Wood and Sheldon M. Jaffe for Defendants and Respondents.
Plaintiffs, Ronald P. Baldwin and Travis E. Reed, Jr., appeal from the judgment of dismissal under Code of Civil Procedure section 581, subdivision 3, after demurrers to their multicount second amended complaint had been sustained without leave to amend.
ALLEGED FACTSThe second amended complaint is a six-count action in which plaintiffs seek damages for a breach of a limited partnership agreement against defendant Marina City Properties, Inc. (herein MCPI), for damages for a breach of a fiduciary duty by MCPI, for damages for "wrongful interference with prospective advantage" by MCPI, for declaratory relief from MCPI, for damages for a breach of a letter agreement by MCPI, and for compensatory and exemplary damages for conspiracy by all defendants to convert plaintiffs' security interest.
The plaintiffs allege that defendant Marina City Co. is a limited partnership engaged in the development of the "Marina City project" located in Marina del Rey in Los Angeles, California. The general partner of said limited partnership is alleged to be MCPI.
On November 1, 1972, plaintiffs, who were limited partners in Marina City Co., owning a total of 11 percent interest in the limited partnership, sold their respective interests to defendant Donald Benscoter. The written contract of sale of the plaintiffs' partnership interest provided that the defendant Benscoter would pay to plaintiffs cash and would execute certain promissory notes payable to plaintiffs. Concurrent with the execution of the written contracts of sale, the plaintiffs and defendant Benscoter executed security agreements whereby plaintiffs retained a security interest in the limited partnership interests they sold to secure the promissory note indebtedness. The purchase agreement and the promissory notes provided that the defendant Benscoter would have no personal liability for the notes and that the plaintiffs' sole recourse in the event of a default would be the limited partnership interest.
Prior to November 1, 1972, plaintiff Baldwin owned a 6 percent interest in the limited partnership and plaintiff Reed owned a 5 percent interest in the limited partnership.
Prior to finalizing the sale, in a letter to plaintiffs dated October 6, 1972, MCPI acknowledged its understanding of the proposed agreement and rendered its opinion that the transactions would be valid. In the letter, MCPI recognized plaintiffs' rights to receive the same information to which the other limited partners were entitled.
In 1974, after MCPI became a subsidiary of defendant Hughes Aircraft Corporation, the general partner made a capital call on the limited partners. The call for additional capital contributions was made pursuant to the provisions of section 9(b) of the limited partnership agreement. None of the limited partners, including defendant Benscoter, responded to the capital call. Thereafter, MCPI contributed $500,000 to the limited partnership and, pursuant to section 8 of the partnership agreement, the certificate of limited partnership was amended to reflect MCPI's new total capital contribution. The effect of the amended certificate was that the aggregate amount of all partnership contributions was $550,000 and that MCPI's capital contribution of $500,000 was 90.91 percent of the total capital contributions to the limited partnership.
In January 1975, defendant Benscoter defaulted on the payments due plaintiffs under the promissory notes. Plaintiffs allege that they made a demand upon defendant Benscoter to reconvey the pledged security and that defendant Benscoter offered to reconvey the pledged limited partnership interest. Those security interests were proportionately reduced because of the amendment to the certificate of limited partnership after the capital call and contribution of MCPI to approximately 1 percent of the partnership. There is no allegation that the defendant Benscoter reconveyed said limited partnership interests to plaintiffs or that plaintiffs accepted this defendant's offer to reconvey said interests.
Plaintiffs allege that the capital call on the limited partners and the $1/2 million contribution by MCPI constituted a breach of a fiduciary duty owed by the general partner to the limited partners and to those owning security interests in the limited partnership including plaintiffs.
The alleged breach of the duty is stated to have occurred because the limited partnership had an alternative source of funds and the capital contribution call was unnecessary. Plaintiffs state that the reason that the other funds were not pursued was because of alleged "self dealing" and because MCPI had become a subsidiary of defendant Hughes Aircraft Corporation. The alternative source of funds included an indebtedness of $2,525,000 owed to the limited partnership by defendant NRG, Inc., which plaintiffs allege was at all times controlled by defendant Hughes Aircraft Corporation, a claim that $911,000 was paid to defendant NRG, Inc., as a fee in a sham transaction, the right of the limited partnership to rescind a lease of a multimillion-dollar facility to defendant Marina City Club, Ltd., an alleged subsidiary of MCPI, which lease was made for a nominal consideration only, and monetary advances made to defendants Horizons West and Del Rey Investors.
The allegations of "self dealing" relate to business and financial arrangements between MCPI or defendant Marina City Co. and the other defendant corporations, all of which are alleged to be entities in which defendant Hughes Aircraft Corporation has some direct or indirect interest.
Plaintiffs contend that these facts constitute not only a breach of the limited partnership agreement and a breach of the fiduciary duty owed by MCPI to them but also constitute a wrongful interference with a prospective contractual or economic advantage, a breach of the letter agreement of October 6, 1972, recognizing their security interests and a conspiracy to convert and appropriate their security interests.
Plaintiffs do not allege that the capital call did not comply with the formalities of the partnership agreement but rather assert that since the limited partnership had alternative sources of funds the capital call and the subsequent investment of $500,000 by MCPI was a violation of the partnership agreement and a breach of the fiduciary duty owed plaintiffs by the general partner.
Plaintiffs argue that the alleged unnecessary capital contribution call, made because of "self dealing" amounts to an abuse of the general partners discretionary authority and is a violation of Corporation Code section 15509, subdivisions (1)(a) and (1)(b) providing that a general partner of a limited partnership will not do anything "in contravention of the certificate" or "which would make it impossible to carry on the ordinary business of the partnership."
Plaintiffs do not allege that they lacked knowledge of the capital call or that they did not, in fact, have information concerning the capital call. Finally, while the plaintiffs base their claim upon the allegation that the percentage of the limited partnership interest sold to defendant Benscoter was reduced, they do not allege that the value of their security interest was impaired.
Plaintiffs contend that as secured creditors of a limited partner who has given as collateral for his indebtedness to plaintiffs his limited partnership interest, they have the right to sue defendants for wrongful acts that impair their security interests. Plaintiffs make numerous other contentions concerning the sufficiency of the pleadings which we discuss below.
Plaintiffs' pleadings are defective because they fail to allege that they suffer damages because of the impairment of value of the collateral caused by the defendants' wrongful acts.
While plaintiffs have a right to bring this action for damages against third party wrongdoers for impairment of the security interest, in order to allege facts sufficient to state a cause of action, it is essential that they affirmatively plead that there has been an impairment of the value of the security interest. Without "a showing of impairment of security there could be no damage." ( Pfefferle v. Lastreto (1962) 206 Cal.App.2d 575, 581 [ 23 Cal.Rptr. 834, 99 A.L.R.2d 663]; see also U.S. Financial v. Sullivan, supra, 37 Cal.App.3d 5, 12-13, in which the court states that the right of a mortgagee to bring a damage action against the wrongful acts of defendant is limited to those situations where the conduct has "resulted in the impairment of the mortgagee's or the beneficiary's security interest"; Diggs v. Pacific Gas etc. Co. (1922) 57 Cal.App. 57, 64-65 [ 206 P. 765].)
The plaintiffs in the present case have alleged that there has been a proportionate reduction in the capital share of the limited partnership interest of defendant Benscoter but do not allege that the value of their security interest has been impaired.
(3) The plaintiffs are real parties in interest and have standing to sue defendants or defendant MCPI for alleged wrongful acts impairing plaintiffs' security interest but must allege all elements of such a cause of action including the proper damage averments which require an allegation that the value of the security interest has been impaired.
B. Plaintiffs are Secured Parties, Not Partners
In count I (for breach of partnership agreement), count II (breach of fiduciary duty) and count III ("wrongful interference with prospective advantage"), plaintiffs appear to contend that they occupy the same position as that of a limited partner. Plaintiffs are secured parties. California Uniform Commercial Code section 9105, subdivision (1)(m) defines a "`[s]ecured party' [to mean] a . . . seller or other person in whose favor there is a security interest. . . ." The security interests retained by plaintiffs are the limited partnership interests plaintiffs sold to defendant Benscoter which personal property rights secured payment for the limited partnership interest sale by plaintiffs to defendant Benscoter. The limited partnership interest securing the obligation is the collateral. As the security interest was taken by plaintiffs to secure the sales price of the collateral sold to defendant Benscoter, it is a "purchase money security interest."
Section 1201, subdivision (37) of the California Uniform Commercial Code defines a security interest as ". . . an interest in personal property or fixtures which secures payment or performance of an obligation. . . ."
Section 9105, subdivision (1)(c) of the California Uniform Commercial Code defines a collateral as ". . . the property subject to a security interest, . . ."
Section 9107, subdivision (a) of the California Uniform Commercial Code defines a purchase money security interest as a security interest "[t]aken or retained by the seller of the collateral to secure all or part of its price; . . ."
When plaintiffs sold their limited partnership interest to defendant Benscoter, they recognized that the security transaction was governed by the terms of the security agreement and the California Uniform Commercial Code. (3 Cal. Commercial Law (Cont.Ed.Bar 1966) § 6.2, p. 280.)
The security agreement signed by the plaintiffs and defendant Benscoter states that plaintiffs ". . . may exercise any and all of the rights of the secured party as granted by and under the Uniform Commercial Code of the State of California."
Upon the default of defendant Benscoter, the plaintiffs have the right and remedies provided in the California Uniform Commercial Code and in the security agreement. (Cal. U. Com. Code, § 9501, subd. (1).) Nothing in the California Uniform Commercial Code nor in the security agreement or purchase agreement between plaintiffs and defendant Benscoter gives to the plaintiffs the right to sue for damages to enforce a limited partner's contractual rights under the partnership agreement.
Defendant Benscoter is a "debtor" as that term is defined under the California Uniform Commercial Code as he is the person who owes payments or other performance of the obligation secured. (Cal. U. Com. Code, § 9105, subd. (1)(d).)
Plaintiffs may reduce their "claim to judgment, foreclose or otherwise enforce the security interest by any available judicial procedure." (Cal. U. Com. Code, § 9501, subd. (1).) Plaintiffs' rights to take possession of the collateral is limited by both the security agreements and the partnership agreement which gives the other partners a right of first refusal if plaintiffs, upon defendant Benscoter's default, elect to purchase the partnership interest by canceling the balance due on the purchase money promissory notes secured by the collateral. If a partner elects to purchase the partnership interest of Benscoter, the proceeds must be used to satisfy or reduce the indebtedness owed plaintiffs. The purchase agreement specifically provides that Benscoter cannot be liable for any deficiency upon the sale of the collateral. (4) Plaintiffs seek damages from defendant MCPI for alleged breaches of the partnership agreement. Plaintiffs are not the real parties in interest in any such action and have no standing to bring such an action. Plaintiffs' actions against defendant MCPI are limited to those for alleged wrongful acts of said defendant MCPI for impairing the value of plaintiffs' security interest and possibly for an action for conversion and for a breach of the letter agreement of October 6, 1972. ( Weingand v. Atlantic Sav. Loan Assn., supra, 1 Cal.3d 806, 818-819.)
The general demurrer to count I for a breach of the partnership agreement was properly sustained.
Plaintiffs are not owed a fiduciary duty by defendant MCPI, the general partner. "Partners are fiduciaries, having the usual obligation of trustees. . . . (Corp.C. 15021; Official Comment, 6 U.L.A. (Master Ed.), p. 258; . . . Prince v. Harting (1960) 177 C.A.2d 720, 727, 2 C.R. 545, . . . .)" (6 Witkin, Summary of Cal. Law (8th ed. 1974) Partnerships, § 29, p. 4279.) Plaintiffs are secured parties. The mere fact that they were formerly limited partners and the collateral securing an indebtedness to them is a limited partnership interest does not mean that they have the same status as the partners and are owed a fiduciary duty by the partners. The plaintiffs may assert a claim for damages or even equitable relief for the torts or breaches of trust by the partnership or individual partners (see Corp. Code, §§ 15013, 15014, 15015, subd. (a)), not because a fiduciary duty is owed to them but because there has been a breach of a statutory, contractual or common law duty. Again, the trial court was correct in sustaining the general demurrer to count II for an alleged breach of a fiduciary relationship as the pleadings in said count failed to allege facts sufficient to state a cause of action and failed to allege facts sufficient to show that defendant MCPI owed plaintiffs a fiduciary duty.
Count III purports to allege that defendant MCPI wrongfully interfered with plaintiffs' prospective rights to receive payments on the secured indebtedness owed plaintiffs by defendant Benscoter by making the "wrongful capital call." (5) The tort of interference with a prospective business relationship or advantage imposes liability for improper methods of diverting or taking business from another. The methods used are those that "are not within the privilege of fair competition." (4 Witkin, Summary of Cal. Law (8th ed. 1974) Torts, § 392, p. 2643.) The tort of interference with a prospective economic advantage includes the narrower tort of interference with a contractual relationship. ( Dryden v. Tri-Valley Growers (1977) 65 Cal.App.3d 990, 994 [ 135 Cal.Rptr. 720].) (6) In order to plead a cause of action for this tort, plaintiffs must allege the existence of either a contractual relationship or a prospective business relationship advantageous to them, that defendants had knowledge of the advantageous relationship, that defendants intentionally or negligently induced the breach of the relationship, that the acts or conduct of the defendants were wrongful, and proximately caused plaintiffs' injury and damage by interfering with the relationship causing a business loss. (See Buckaloo v. Johnson (1975) 14 Cal.3d 815, 828-829 [ 122 Cal.Rptr. 745, 537 P.2d 865]; Adams v. Southern Pac. Transportation Co. (1975) 50 Cal.App.3d 37 [ 123 Cal.Rptr. 216]; Gold v. Los Angeles Democratic League (1975) 49 Cal.App.3d 365, 375 [ 122 Cal.Rptr. 732] ; 4 Witkin, Summary of Cal. Law (8th ed. 1974) Torts, §§ 389-397, pp. 2640-2652.) (7) The plaintiffs have not alleged facts that remotely suggest that there has been any interference with any prospective business or economic advantages of plaintiffs. The security agreement has not been breached and there is no allegation that the value of the collateral has been impaired. While the proportionate percentage interest or share of the Benscoter partnership collateral in the limited partnership has been reduced, this is not an allegation that the collateral has a lower value or that its value as a collateral has been impaired. The plaintiffs' primary remedy in this case is an action against any wrongdoer for an impairment of the value of the security interest and a tort damage action against any defendants for interference with a prospective business advantage would be repetitious and of no additional pleading or litigating value to plaintiffs, even if it were properly pleaded. The general demurrer to count III was properly sustained.
C. The Trial Court Did Not Err in Sustaining the General Demurrer to Count IV for Declaratory Relief
Count IV purports to state a cause of action for declaratory relief for an accrued cause of action, to wit, those acts of defendant MCPI as alleged in counts I, II and III. (8) "Declaratory relief operates prospectively, serving to set controversies at rest. If there is a controversy which calls for a declaration of rights, it is no objection that past wrongs are also to be redressed; but there is no basis for declaratory relief where only past wrongs are involved. Hence, where there is an accrued cause of action for an actual breach of contract or other wrongful act, declaratory relief may be denied. [Citations omitted.]" (3 Witkin, Cal. Procedure (2d ed. 1971) Pleading, § 722, pp. 2342-2343.)
Plaintiffs contend that where a future continuing relationship is involved, declaratory relief is necessary to guide the future conduct of the relationship between plaintiffs and defendant MCPI. Plaintiffs rely on the holdings in Warren v. Kaiser Foundation Health Plan, Inc. (1975) 47 Cal.App.3d 678 [ 121 Cal.Rptr. 19] and in Columbia Pictures Corp. v. De Toth (1945) 26 Cal.2d 753 [ 161 P.2d 217, 162 A.L.R. 747]. Neither holding supports plaintiffs' position. In Warren, plaintiff sought a declaration against his health plan insurer for a determination as to whether the plan provided medical coverage to his wife in a nonmember hospital. The court held that as plaintiff and his wife continued to be members under the plan, the declaration was necessary to guide the future conduct of the parties. (9) In our case, plaintiffs, as secured parties, have an accrued cause of action against defendant MCPI for an alleged impairment of the value of the collateral. There is no allegation of a continuing relationship between plaintiffs and defendant MCPI or the limited partnership. There does not appear to be any possibility of such a continued relationship as it pertains to the alleged wrongful acts of defendant MCPI and plaintiffs' security interests. In Columbia Pictures, a declaration was sought concerning an alleged breach of a multiyear employment contract by a motion picture director and future rights to the alleged unique talents of the director. In the present case, plaintiffs have a present accrued right as a secured party to foreclose on the collateral or to sue for an alleged impairment of the value of the collateral. There are no claims by plaintiffs that an actual controversy exists between plaintiffs and MCPI concerning any future rights. The demurrers to count IV were properly sustained.
D. The Trial Court Did Not Err in Sustaining the Demurrer to Count V for an Alleged Breach of the October 6, 1972, Letter Agreement
(10) Plaintiffs allege that they are damaged because defendant MCPI breached its October 6, 1972, letter agreement to them "recognizing plaintiffs' rights to receive the same information to which the limited partners . . . were entitled." The breach allegation is that plaintiffs "never received written notice from [defendant] MCPI prior to MCPI's contribution and diminution of BENSCOTER'S limited partnership interest." Plaintiffs do not allege that they did not receive the same information to which the limited partners were entitled or that plaintiffs did not have actual knowledge of the capital call of the limited partnership or of defendant MCPI's subsequent capital contribution. Plaintiffs do not explain why they are entitled to written notice as the letter agreement simply states that the plaintiffs have the right to receive the same information which the limited partners will receive or are entitled to receive. Plaintiffs further allege that as a direct consequence of the breach of said letter agreement by defendant MCPI, plaintiffs' security interest became valueless. The conclusionary statements of both proximate cause and damages, without more, are meaningless. The allegations that "as a direct consequence" of defendant's alleged breach the "security agreement has become valueless" are "inferential" or "argumentative" pleadings requiring the court to either infer facts not pleaded or to ferret out facts from the exhibits to determine plaintiffs' meaning. (See California Trust Co. v. Gustason (1940) 15 Cal.2d 268, 272 [ 101 P.2d 74]; Philbrook v. Randall (1924) 195 Cal. 95 [ 231 P. 739]; Hawkins v. Oakland Title Ins. Guar. Co. (1958) 165 Cal.App.2d 116, 122 [ 331 P.2d 742], in which the court states for a "`complaint, to be sufficient, [it] must contain a statement of facts which, without the aid of other conjectured facts not stated shows a complete cause of action' [citation omitted]"; Duell v. Sanstrom (1932) 120 Cal.App. 414, 416 [ 7 P.2d 1087].) How can the infusion of capital into the partnership reduce the value of the Benscoter partnership interest? It did reduce the proportionate percentage share of the Benscoter partnership to the total percentage but without additional and further allegations it does not logically or mathematically follow that the capital contribution of $500,000 by defendant MCPI reduces the value of the Benscoter partnership interest from $180,000 to any lesser sum or to zero ("valueless"). Count V fails to allege facts sufficient to state a cause of action and the general demurrer was properly sustained.
E. The Trial Court Did Not Err in Sustaining the Demurrer to Count VI for Conspiracy to Convert
In count VI, plaintiffs purport to state a cause of action for conspiracy on the part of all defendants to convert plaintiffs' security interest. (11) The allegations of a conspiracy or a concerted action by itself is not actionable. ( Chicago Title Ins. Co. v. Great Western Financial Corp. (1968) 69 Cal.2d 305, 316.) "The cause of action arises out of some wrongful act committed by one or more of the conspirators, and if such a wrongful act is set forth the conspiracy averment is unnecessary to the statement of the cause of action. [Citations omitted.]" (3 Witkin, Cal. Procedure (2d ed. 1971) Pleading, § 773, p. 2389.) The allegation of conspiracy has, however, permitted plaintiffs to join several defendants as alleged joint tortfeasors and to attempt to plead conclusionary facts of malice in order to support an exemplary damage prayer. (12a) The allegations of count VI are insufficient to plead a cause of action for conversion and the general demurrer to this count was properly sustained. (See Orloff v. Metropolitan Trust Co. (1941) 17 Cal.2d 484, 488 [ 110 P.2d 396]; Zumbrun v. University of Southern California (1972) 25 Cal.App.3d 1, 12 [ 101 Cal.Rptr. 499, 51 A.L.R.3d 991]; Lesperance v. North American Aviation, Inc. (1963) 217 Cal.App.2d 336, 345 [ 31 Cal.Rptr. 873]; Agnew v. Parks (1959) 172 Cal.App.2d 756, 762 [ 343 P.2d 118]; Perry v. Meikle (1951) 102 Cal.App.2d 602, 606 [ 228 P.2d 17].)
The plaintiffs have failed to allege ultimate facts to support the exemplary or punitive damage prayer. (See G.D. Searle Co. v. Superior Court (1975) 49 Cal.App.3d 22 [ 122 Cal.Rptr. 218]; Davis v. Hearst (1911) 160 Cal. 143 [ 116 P. 530]; but see Unruh v. Truck Insurance Exchange (1972) 7 Cal.3d 616, 632 [ 102 Cal.Rptr. 815, 498 P.2d 1063].)
(13) The elements of a conversion cause of action are (1) plaintiffs' ownership or right to possession of the property at the time of the conversion; (2) defendants' conversion by a wrongful act or disposition of plaintiffs' property rights; and (3) damages. (3 Witkin, Cal. Procedure (2d ed. 1971) Pleading, § 565, pp. 2203-2204.) (12b) Plaintiffs have failed to allege ultimate facts showing that at least two of these elements necessary to a conversion cause of action are present, to wit, plaintiffs' title or right to possession and damages. As we point out, plaintiffs can plead facts of an act or acts of conversion but have not done so in an adequate or sufficient way in the second amended complaint.
The plaintiffs, as secured parties, although not owners, have a special interest with a right of possession only if there is a default and the security agreement allows plaintiffs to take possession. (See Everfresh, Inc. v. Goodman (1955) 131 Cal.App.2d 818 [ 281 P.2d 560]; Mathew v. Mathew (1903) 138 Cal. 334 [ 71 P. 344].) Plaintiffs have not, however, alleged this fact and have not, therefore, made a sufficient averment of the existence of any possessory interest.
Plaintiffs appear to assert that the act of conversion by the defendants was the unauthorized transfer to defendant MCPI of a substantial portion of the limited partnership interests after an unnecessary call for further capital and a subsequent unnecessary capital contribution by MCPI of $500,000. (See Wade v. Markwell Co. (1953) 118 Cal.App.2d 410, 418 [ 258 P.2d 497, 37 A.L.R.2d 1363]; Horn v. Klatt (1944) 65 Cal.App.2d 510 [ 151 P.2d 149]; Meyer v. Thomas (1936) 18 Cal.App.2d 299, 302 [ 63 P.2d 1176]; Meyers v. Lasker (1930) 110 Cal.App. 538 [ 294 P. 80]; Metheny v. Davis (1930) 107 Cal.App. 137, 139 [ 290 P. 91].) Section 9(b) of the limited partnership agreement permits the general partner, MCPI, to make capital contribution calls upon the limited partners and upon the failure of the limited partners to make the assessment contribution, the general partner may make the contribution. Section 8 of the partnership agreement requires the limited partnership certificate to reflect the relative capital contributions of each partner and after the capital contribution by MCPI, it was necessary, under the terms of the partnership agreement, that the proportionate shares held by each partner reflect their relative capital contributions. Section 7 of the partnership agreement vests in the general partner full, complete and exclusive control over all of the partnership business. At first blush, it is difficult to see how the discretionary acts of the general partnership, MCPI, are in contravention of the limited partnership certificate or make it impossible to carry out the business and purpose of the limited partnership. (See Corp. Code, § 15509, subd. (1)(a), (b).) We find no California decision or a decision in any other state that directly supports the proposition that such discretionary acts can constitute unauthorized acts so as to support either an allegation of an act of conversion or a wrongful act impairing a secured party's collateral interest. If, however, such discretionary acts are alleged to be done with the intent to injure plaintiffs or if it can be demonstrated that injury to plaintiffs was the reasonably foreseeable consequences of such acts then plaintiffs have sufficiently alleged facts of an act of conversion or other actionable improper acts. (See Rowland v. Christian (1968) 69 Cal.2d 108, 111-112 [ 70 Cal.Rptr. 97, 443 P.2d 561, 32 A.L.R.3d 496], in which our Supreme Court has reiterated that the principle of California negligence liability is section 1714 of the Civil Code which provides: "Every one is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, . . ." and that reasonable foreseeability of harm creates a duty of care as outlined by our Supreme Court in Weirum v. RKO General, Inc. (1975) 15 Cal.3d 40, 46 [ 123 Cal.Rptr. 468, 539 P.2d 36]; Rodriguez v. Bethlehem Steel Corp. (1974) 12 Cal.3d 382, 399 [ 115 Cal.Rptr. 765, 525 P.2d 669]; Dillon v. Legg (1968) 68 Cal.2d 728, 739-741 [ 69 Cal.Rptr. 72, 441 P.2d 912, 29 A.L.R.3d 1316].) Plaintiffs must improve their pleadings and under these principles can plead that defendant MCPI and the other defendants committed a tort, the act or acts of conversion.
The plaintiffs have failed to properly plead the final element of a conversion cause of action, damages. (14) Damages for conversion are governed by the provisions of section 3336 of the Civil Code which permits the plaintiff to recover either (1) the value of the property at the time of the conversion with interest from that date, or (2) "an amount sufficient to indemnify the party injured for the loss which is the natural, reasonable and proximate result of the wrongful act complained of and which a proper degree of prudence on his part would not have averted. . . ." In addition to either theory of damages and recovery, the plaintiff may recover a fair compensation for the time and money properly expended in "pursuit of the property." (15) In plaintiffs' case, their damages, if any, are limited to a sum equal to the impaired value of the security interest but in no event greater than a sum equal to their balance due on the secured indebtedness plus collection costs. (See Ruiz v. Bank of America (1955) 135 Cal.App.2d Supp. 860, 864 [287 P.2d 409].) Plaintiffs do not make such a damage claim but, rather, seek compensatory damages in an unspecified sum without stating either of the alternative measures of damage required by section 3336 of the Civil Code.
F. The Plaintiffs Have Failed to Allege the Proper Measure of Damages
If plaintiffs are to plead sufficient facts to state a cause of action for an impairment to their security interest, for conversion or conspiracy to convert, or for the breach of a contractual right, or for a tort or statutory wrong, plaintiffs must allege and seek the proper measure of damages. Plaintiffs' compensatory monetary damages are limited to the alleged impairment of the value of the collateral or security interest, but in no event for a sum greater than the unpaid balance due on the secured indebtedness plus the collection cost. Plaintiffs, as secured parties, have a right to repurchase the security interest, the Benscoter limited partnership interest, for a sum equal to the unpaid balance on the purchase money promissory notes subject to the right of first refusal of the other limited partners and if a limited partner elects to purchase Benscoter's limited partnership interest, the sum paid must be applied to the indebtedness due plaintiffs. If plaintiffs retake the collateral and resell it as provided in the California Uniform Commercial Code, they have a duty to satisfy their debt out of the proceeds of the sale of the collateral and to protect whatever equity remains, if any, for the debtor. (3 Cal. Commercial Law (Cont.Ed.Bar 1966) §§ 6.20-6.23, 6.33, pp. 292, 294, 299.) The disposition of the proceeds of sale is limited by the provisions of California Uniform Commercial Code section 9504, subdivision (1) which requires that the proceeds must first be applied to the expense of retaking the collateral, holding it and preparing it for resale, and reselling it. If the security agreement provides for reimbursement of reasonable attorney's fees and legal expenses, these sums must also be counted as expenses of the resale. The code then provides that the balance of the sales price must be applied to the satisfaction of the indebtedness secured by the collateral. If the resale proceeds exceed the expenses of sale and the balance due on the indebtedness, the surplus must first go to holders of any subordinate liens on the collateral who request satisfaction of their liens and furnish reasonable proof of their interests, and if there is a surplus remaining after satisfying any junior lien claimants, the secured party must account to the debtor. (Cal. U. Com. Code, § 9504, subd. (1)(a).) As the Commercial Code and the security agreement provide that the surplus remaining after payment of collection costs and the balance due on the secured indebtedness must go to the debtor, this fixes the limit of the plaintiffs' rights to compensatory damages on any action that plaintiffs may have against defendants, or any of them. The damages that plaintiffs may receive are further limited by the impairment of the value of the collateral caused by the alleged wrongful acts of the defendants, or any of them. If the plaintiffs seek exemplary or punitive damages, they must allege and prove malice.
See footnote 11, ante.
The general demurrer to the conversion count was properly sustained.
Plaintiffs have not claimed on this appeal that the trial court erroneously abused its discretion in sustaining the demurrers to the complaint without leave to amend. Rather, plaintiffs have asserted that the court erred in sustaining the demurrers and continue to contend that each count of the complaint alleges facts sufficient to state a cause of action. For the reasons stated above, we agree with the trial court that the plaintiffs have failed to allege facts sufficient to state a cause of action in their second amended complaint.
We now turn to the propriety of this court permitting the plaintiffs to file a third amended complaint even though the plaintiffs have made no such request to amend their pleadings on appeal.
Section 472c of the Code of Civil Procedure provides: "When any court makes an order sustaining a demurrer without leave to amend the question as to whether or not such court abused its discretion in making such an order is open on appeal even though no request to amend such pleading was made. . . ." In Scott v. City of Indian Wells (1972) 6 Cal.3d 541, at page 550 [ 99 Cal.Rptr. 745, 492 P.2d 1137], our Supreme Court stated that if there is an abuse of discretion ". . . in sustaining a demurrer without leave to amend [it] is reviewable on appeal even in the absence of a request for leave to amend."
We now address ourselves to the issue as to whether there was an abuse of discretion in sustaining the demurrer without leave to amend. While the plaintiffs have made unsuccessful attempts to correct the defects in their pleadings in order to state a cause of action, we find that they should be permitted leave to file amended pleadings correcting their defects as the defects, although of substance, appear to be curable by supplying omitted allegations. (See Greenberg v. Equitable Life Assur. Society (1973) 34 Cal.App.3d 994, 998 [ 110 Cal.Rptr. 470].) While plaintiffs' allegations of wrongful acts by defendants appear to be weak, under the principle of both wilful and negligent liability as set forth in section 1714 of the Civil Code and under the concept that reasonable foreseeability of harm can create a duty of care, we concluded that the plaintiffs can plead an actionable wrong against defendants. Plaintiffs must accept the fact that their action against defendants is an action by secured parties whose collateral or security interest has been impaired by the alleged wrongful acts of defendants and that plaintiffs do not "stand in the shoes" of the partners so that they can sue for breach of the partnership agreement or for breach of a fiduciary duty. In addition, plaintiffs must recognize that the amount of compensatory damages that they may request is limited by any impairment in the value of their collateral caused by defendants' alleged wrongful acts and is further limited to a sum not greater than the balance due on the security indebtedness plus collection costs.
(16) As we believe that there is a reasonable possibility that the plaintiffs can cure the defects in their complaint and state a cause of action for damages, we find that the trial court's ruling sustaining the demurrers without leave to amend was an abuse of discretion. (See Minsky v. City of Los Angeles (1974) 11 Cal.3d 113, 118 [ 113 Cal.Rptr. 102, 520 P.2d 726]; La Sala v. American Sav. Loan Assn. (1971) 5 Cal.3d 864, 876 [ 97 Cal.Rptr. 849, 489 P.2d 1113].) In curing the defects in a manner not inconsistent with the provisions of this opinion, the plaintiffs' amendments will not change the nature of the action but merely improve the defective pleading by alleging the same facts plus missing allegations so as to proceed on proper theory of recovery. (See 3 Witkin, Cal. Procedure (2d ed. 1971) Pleading, §§ 1064-1082, pp. 2642-2662.)
The judgment is reversed with instructions to the trial court to grant plaintiffs leave to file a third amended complaint.
Potter, Acting P.J., and Allport, J., concurred.


text:
According to the economic data of the first half of the year, Zhuhai's pillar industries realized 41.668 billion yuan in industrial added value, an increase of 5.0%, which stimulated the city's planned industrial growth rate of 3.9 percentage points. Biomedical industry, one of the six pillar industries, has maintained a high growth rate with an added value of 21.5%. Not long ago, Yao Yisheng, mayor of Zhuhai, met with the responsible persons of Macao University of Science and Technology and Guangzhou Pharmaceutical Group in Guangzhou to discuss and communicate on promoting cooperation in projects of traditional Chinese medicine industry. Earlier this month, Zhuhai held its first biomedical docking meeting, revealing that large pharmaceutical companies Guangzhou Pharmaceutical Group and Xiangxue Pharmaceutical are planning to settle in Zhuhai to expand the "international map" of the biomedical industry by taking advantage of Zhuhai's advantages.
Good industrial foundation and location advantages adjacent to Hong Kong and Macao create opportunities for Zhuhai biomedical industry layout in Guangdong, Hong Kong and Macao Bay Area. On the other hand, people in the industry believe that in order to break out of the industrial siege in Dawan District, Zhuhai, a small and beautiful city, must continue to accelerate the leap of biomedical industry to high-end under the leadership of Guangshen, Zhongshan and Dongguan. A survey by journalists from Nanfang Daily found that Zhuhai has formed a biomedical industry system featuring pharmaceutical manufacturing industry, medical equipment, health care products and cosmetics, which promotes the "three-chain integration" of innovation chain, industry chain and policy chain in the biomedical industry. This is Zhuhai's ability to promote the industry. The key to the promotion of the level.
"Due to the continuous growth of the output value of a number of leading enterprises such as Lizhu and Federal Pharmaceutical, Zhuhai biomedical industry has continued to grow at a high speed in recent years." Zhuhai Statistical Bureau responsible person analysis. At present, Zhuhai has formed a biomedical industry system characterized by pharmaceutical manufacturing industry, medical equipment and health care products and cosmetics. With the development of leading enterprises, Zhuhai has continuously increased the introduction of high-end biomedical talents and projects in recent years, and the start-up biomedical enterprises have also entered the "fast lane".
In the YingKeRui Pharmaceutical Research Institute of Hengqin, Zhuhai, there are a number of high-quality and sophisticated research and development platforms of Chinese medicine in the laboratory, and researchers are busy in the laboratory to carry out a series of research and development processes such as extraction, concentration and alcohol precipitation of Chinese medicine. As the first enterprise in Guangdong-Australia cooperative TCM Science and Technology Industrial Park, its main business income has broken through tens of millions of barriers in just over two years.
"Enterprises can carry out pilot test, production and marketing of drugs through the public service platform of the industrial park when they bring prescriptions with them." Feng Jun, deputy chief executive of Guangdong-Australia Cooperative TCM Science and Technology Industrial Park Development Co., Ltd., said that for start-ups, they could concentrate more resources on R&D and accelerate the process of production, teaching and research of drug listing.
North of the Guangdong-Australia Cooperative TCM Science and Technology Industrial Park, a new start-up of biomedical devices has also emerged. At the end of last year, Tongqiao Medical Technology Co., Ltd., located in Zhuhai High-tech Zone, won the second place in the finals of China Innovation and Entrepreneurship Competition in the biomedical industry, relying on its own advanced technology of high-end intracranial implantation of interventional medical devices. In this state-level industry "contest", Tongqiao is only a company which has been established for less than three years. Compared with the monopoly of intellectual property rights in foreign countries and the high cost of intracranial interventional medical devices, Tongqiao's R&D achievements will break this situation and reduce the financial burden of patients from domestic medical devices. At present, Tongqiao Intracranial Implantation Interventional Medical Devices has completely independent intellectual property rights, has submitted 13 patents, 4 have been approved. In the future, in the process of localization of stroke intervention diagnosis and treatment in China, there will be a "Zhuhai Enterprise".
Searching westward along the territory of Zhuhai Biopharmaceutical Industry, Jinwan Biopharmaceutical Base, known as "Southern Pharmaceutical Valley", has emerged a number of bright start-ups, among which Zhuhai Reispril Biopharmaceutical Co., Ltd. At present, the company is developing a project to adopt the third generation of pulmonary drug delivery technology, dry powder inhalation technology. And 90% of the technology-related therapeutic drugs are imported domestically, which means that Risperide will hopefully fill the gap in the domestic market. By the end of this year, this "Zhuhai Enterprise" will represent China in the "Dragon Gate Creator" Global Innovation and Entrepreneurship Final, demonstrating the scientific and technological strength of Zhuhai enterprises.
Start-ups accelerate innovation and convergence effect, which is becoming a new force to upgrade the level of biomedical industry. Taking Zhuhai Health Port as an example, this one-year-old bio-pharmaceutical Industrial Park has signed or is about to settle 12 projects, with a total investment of over 5 billion yuan, reaching an annual output value of over 8 billion yuan.
"Biomedical industry is a new industry with high knowledge density, high added value and high-tech content. With the joint efforts of high-end talents, scientific and technological projects and public R&D and service platforms, the emerging batch of biomedical industry in Zhuhai is growing into an incremental place of Zhuhai's industrial economy. Yes. Some observers told reporters.
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'Let's go party!': Dan Osborne and partner Jacqueline Jossa enjoy rare date night together following birth of baby Ella
New parenthood can ruin any social life - especially when it involves good, old-fashioned romance.
But TOWIE's Dan Osborne and his partner Jacqueline Jossa are clearly putting the effort in to maintain balance in their relationship.
On Sunday, the pair were seen enjoying another date night since the duo became parents to a baby girl called Ella in February.
Scroll down for video
Rare date night: Dan Osborne and Jacqueline Jossa were seen enjoying another date night since the duo became parents to a baby girl called Ella in February
Pictured gazing into each other's eyes over a drink, the TV pair looked carefree - and loved-up - in equal measure as they soaked up their well-earned break.
The image was captioned with: 'Calm before the storm...lets go partyyy!'.
Naturally, 23 year-old Dan wore a tight, white, short-sleeved shirt which flaunted his muscles and tattoos to full effect. Meanwhile, former EastEnders actress Jacqueline kept it simple in a little back dress.
Getting ready to go out: The pair looked carefree - and loved-up - as they soaked up their well-earned break
Just hours earlier, on Saturday afternoon, Dan had posted another picture of the pair as they were getting ready for their date night.
However this isn't the first time they've been out together sicne the birth of their baby girl.
In March the EastEnders actress showed off her toned legs as she headed to Hawksmoor steak restaurant with the TOWIE star, where they indulged in a passionate kiss in the street.
The couple could barely keep their hands off one another as they headed to the London eatery before going to the theatre to see The Lion King.
Daddied-up: Dan recently shared a picture of himself with son Teddy and young daughter Ella
Too cute! The TOWIE star also shared a cute picture of his baby girl wearing a top with her name on it
The sighting was surely a reassuring one for Dan's fans, who've been concerned after Jacqueline was forced to defend her partner after recordings of him allegedly threatening his ex-girlfriend and the mother of his son Teddy, Megan Tomlin, emerged.
She wrote on Twitter: 'I can assure you I wouldn't stand by a man capable of everything dan has been made out to be, he is my best friend, boyfriend... [sic]
'And he is a brilliant father, above all else, I just want to clear up, he has never once been violent or even show signs towards me at all.
Fatherhood: The handsome 23 year-old has embraced his paternal role and regularly sees Teddy
'People selling stories on him, show one side to a story, but people around dan know the whole truth, and you would all be shocked.'
She added: 'I am 100 percent not saying what Daniel has said was right or okay, but people make mistakes when on dark places, and it's something...'
Dan himself also responded via Twitter, writing: 'Wasn't and never have been violent towards any woman. Ever.'
Loyal: Jacqueline was forced to defend her partner after recordings of him allegedly threatening his ex-girlfriend and the mother of his son Teddy, Megan Tomlin, emerged
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With the shift in federal policy, some investors are skirting the cannabis industry by either choosing to wait out the storm or by leaving it altogether for fear of increased marijuana prosecutions. However, members of Congress – both Democrats and Republicans – are pushing back with the claim that the turnover not only violates states' rights but it is also destructive and backward.
"When we had conversations with physicians about the data, some would say, 'My patient is sicker than yours,' or 'I have a different patient population.' However, we can drill down to the physician's patients and show the physician where things are. It's not based on an ivory tower analysis, it's based on our own data. And, yes, our patients, and our community, are unique—a little older than most, and we have a lot of Europeans here visiting. We have some challenges, but this tool is taking our data and showing us what we need to pursue. That's pretty powerful."
Scanning the exhibit floor on Monday, Glenn Galloway, CIO of the Center for Diagnostic Imaging, an ambulatory imaging center in the Minneapolis suburb of St. Louis Park, Minn., noted that "There's a lot of focus on AI this year. We're still trying to figure out exactly what it is; I think a lot of people are doing the same, with AI." In terms of whether what's being pitched is authentic solutions, vaporware, or something in between, Galloway said, "I think it's all that. I think there will be some solutions that live and survive. There are some interesting concepts of how to deliver it. We've been talking to a few folks. But the successful solutions are going to be very focused; not just AI for a lung, but for a lung and some very specific diagnoses, for example." And what will be most useful? According to Galloway, "Two things: AI for the workflow and the quality. And there'll be some interesting things for what it will do for the quality and the workflow."
One of the ex-ganja peddlers from Fateh Nagar said, `the area is under complete surveillance and many have left such illegal businesses in the locality. However, few of the peddlers continue to sell ganja as they own a vehicle which helps them deliver the drug at a different and preferably safe spot in the city. ``The buyers have the contact details and everything is planned over a phone call", he said.
Thank you for visiting Pot Valet. We are the most reliable online marijuana retail store in California. To recreational users of marijuana, we deliver high-quality, laboratory tested products. Our team is in partnership with the best marijuana dispensaries in the state, and our goal is to ensure that pot delivery to all parts of California is safe, fast, and always available.
Still, Marion noted, even the concept of AI, as applied to imaging informatics, remains an area with some areas lacking in clarity. "The reality, he said, "is that I think it means different things to different people. The difference between last year and this year is that some things are coming to fruition; it's more real. And so some vendors are offering viable solutions. The message I'm hearing from vendors this year is, I have this platform, and if a third party wants to develop an application or I develop an application, or even an academic institution develops a solution, I can run it on my platform. They're trying to become as vendor-agnostic as possible."
Le domaine vétérinaire possède deux conventions collectives différentes, suivant le statut de l'entreprise. Les vétérinaires praticiens salariés, qu'ils exercent à domicile ou dans des associations, sont concernés par la convention collective nationale des vétérinaires praticiens salariés. Alors que le personnel des cabinets et cliniques vétérinaires est soumis à la convention collective nationale des cabinets et cliniques vétérinaires.
Unfortunately, that's not the only message this raid sent. Thanks to decades of demonization, much of it fueled by alcohol and tobacco interests, marijuana still carries a stigma. Police actions like this only reinforce that stigma. That people who get their medicine from dispensaries instead of pharmacists are druggies, and the employees of such establishments can still get their mugs displayed like drug dealers.


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New Delhi: Sports Minister Kiren Rijiju on Monday felicitated the medal-winning Indian para-athletes with cash awards for their best-ever performance at the recently-concluded World Para Athletics Championships in Dubai.
I'm extremely delighted to personally felicitate all the medal winners at the World Para Athletics Championships. India delivered their best medal haul winning 9 medals and securing 13 quotas at the Paralympics @Tokyo2020 I'm very proud of them🇮🇳! pic.twitter.com/wPWpXdFCNf
— Kiren Rijiju (@KirenRijiju) November 18, 2019
India clinched a total of nine medals — two gold, two silver, and five bronze and also secured 13 quota places at the Tokyo Paralympic Games.
India have won a total of 23 quotas across sports for the 2020 Paralympics.
Sandeep Chaudhary and Sundar Singh Gurjar, who claimed the coveted gold medal in the men's javelin F64 and F46 events respectively, were handed a cash prize of Rs 20 lakhs each.
Sandeep had set a new world record in F44 with a throw of 66.18 metres, while Sundar won his second consecutive World title with a throw of 61.22 metres.
Javelin thrower Sumit Antil and high jumper Sharad Kumar, who bagged silver medals in the F64 event and T63 event respectively, were given Rs 14 lakhs.
Sumit had produced a world record throw of 62.88 metres in the F64 javelin throw event which comprised 42, 43, 44, 61, 62, 63 and 64 categories, while Sharad recorded his season-best jump of 1.83 metres.
The five bronze winners — Vinay Kumar Lal (men's 400m T44), Yogesh Kathuniya (men's discus throw F56), Mariyappan Thangavelu (men's high jump T63), Nishad Kumar (men's high jump T47) and Ajeet Singh (men's javelin F46) were handed a cheque of Rs 8 lakhs.
Vinod Kumar (men's discus throw F52), Praveen Kumar (men's high jump T64), Rinku Hooda (men's javelin throw F46) and Ekta Bhyan (women's club throw F51) also earned quotas for the 2020 Paralympics.
"On behalf of the country, the ministry and the government, we salute you for the show. We have made sure to reward you with the financial support on time," Rijiju said.
"I hope in the future you continue winning medals for the country. We are also looking at ways to improve your training and we'll extend all possible help," he added.
Find latest and upcoming tech gadgets online on Tech2 Gadgets. Get technology news, gadgets reviews & ratings. Popular gadgets including laptop, tablet and mobile specifications, features, prices, comparison.
Updated Date: Nov 18, 2019 20:32:55 IST


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Jürgen Klopp Biography
Jürgen Klopp, born 16 June 1967, is a German football manager who is currently the manager of Liverpool F.C. After leaving Borussia Dortmund in the summer of 2015, Klopp signed with the Reds on 8 October 2015, following the departure of Brendan Rodgers. He took over a Liverpool team that had...
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Tonsillectomy is a procedure in which the tonsils (groups of lymphoid tissue) are removed from the back of the throat. This surgery is usually performed on patients that suffer from tonsillitis (inflammation of the tonsils) or breathing problems during sleep. In this procedure, the patient is usually placed under general anesthesia. The surgeon will remove the tonsils using one of a variety of methods that can include radiofrequency ablation, harmonic scalpel, traditional scalpel, laser, or any other technique that will remove the tonsils in the most appropriate manner possible. This procedure is sometimes performed jointly with removal of the adenoids.
Aster Medicity is one of the largest multi-specialty quaternary care hospitals with 8 Centres of excellence in Kerala, established by Aster DM Healthcare which is founded by Azad Moopen. A 670-bedded hospital with excellent outpatient and inpatient services along with critical care and emergency services, operating under highly trained and qualified medical experts and staff. This hospital has brought together most advanced technology, state-of-the-art infrastructure, and soothing surroundings along with some of the best specialist to ensure outstanding clinical care and quality treatment.
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Join and come to your daily challenges in chl-tokens and get your funHello to all Indonesian steemians, hopefully it is still in activity on steemblockchain, of course. I have always be
The 9 cities on Earth that I am aware of, named San Diego. You don't have to live or be from one, to post with #sandiego but thats the only way to be white listed to post non city related posts
SAND up on Newdex with several EOS worth of volume, newdex has a lot more liquidity than steem engine. SAND is still the only token on both steem engine and newdex. STEEMP ENG and DEC to follow
Why do i use newdex? For EOS tokens and since my SAND token is on both steem and EOS I feel at home promoting Newdex and its NDX token to steemians. I plan on bringing NDX to steemians.


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Social Club
Club Jervis Bay
16 locals recommend ·
Tips from locals
Great Members Specials on food. Cheap membership. Courtesy Bus. Amazing views
Club Jervis Bay offers professional service, excellent food and beautiful views from our Terrace. Our recent renovations allows our members and guests to enjoy views of glorious Jervis Bay.
Great dining options and next to The Husky Pub which is always lively, especially on weekends and public holidays
Unique things to do nearby
Places to stay nearby
Locals also recommend
Asian Restaurant
"Wildginger restaurant with wine and cocktail bar located in Huskisson, Jervis Bay. Serving inventive Southeast Asian dishes and banquets."
- 53 locals recommend
"The Stonegrill Steakhouse, Huskisson offers you a selection of prime aged steaks, fresh seafood, juicy lamb cuts, fresh chicken breasts and a selection of mixed marinated mixed grill, wagyu, dinosaur T-Bone, including lamb, chicken and fresh seafood for you to cook to your own taste on a heated stone at your table."
- 16 locals recommend
"Welcome everyone, this is Booderee. Or in the local Dhurga language, Walawaani Njindjiwan Njin Booderee. Booderee is home to one of Australia's most stunning national parks. Crystal-clear waters meet beautiful white sand beaches, while high cliffs and historic relics overlook the majestic Pacific Ocean. Booderee National Park features extraordinary native wildlife and is adorned with expansive botanic gardens."
- 86 locals recommend
"The iconic Husky Pub, old-world charm with modern chic. Good food and amazing water views."
- 75 locals recommend
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"Kanpai Japanese Restaurant will aim to continually surprise and delight you with its dynamic, evolving menu and exciting outdoor tapas grill and bar."
- 23 locals recommend
2 Currambene St
Huskisson, NSW 2540
Phone+61 2 4441 5282
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About admS15
Profile Information
Previous Fields
S15, now R33 and M35
Low Compression rb25Increase boost to make up for lack of compression. This always works. Sorry, couldn't help myself. Try different gauge before stressing out.
Looking to buy coilovers for r34 Gt coupe in victoria.
admS15 replied to AnthonyToot's topic in Suspension, braking and tyresSince you're in Melbourne. Shockworks
admS15 replied to VergilBeket's topic in General Automotive DiscussionBoobies, we love boobies.
Long bolt punctured fuel tank How to fix?
admS15 replied to PoorMansGtr's topic in RB Series - R31, R32, R33, R34 (1986-2002)In that case, good old Hubba-bubba Choose your flavour
Yeah ok, still cones with pot luck Audi reliability and warranty that takes the cheapest fix way instead of the proper way. Audi/VW engineer it that way it seems but randomly a good one slips through and does a heap of untroubled km. RARE. I have an older Q7 and it's been good (knocks on wood) but it scares me how much it would cost to fix if things went pear shaped. Luckily it's worth bugger all and i could just part it out and scrap it.
You could probably afford to buy it but will struggle with the cost of replacing dodgey cdi injectors, back of engine timing chains, blocked dpfs and the rest. You should buy 1.
Which rotors for GTR R32??
admS15 replied to Matty George's topic in RB Series - R31, R32, R33, R34 (1986-2002)Atm i have a box with left over 50% intima type d, pmu, winmax pads im working through. Trying to keep on budget lol but I'm always up for trying new things out so pm incoming for quote.
Which rotors for GTR R32??
admS15 replied to Matty George's topic in RB Series - R31, R32, R33, R34 (1986-2002)Rear rotors ive cracked plenty of, quite frequently. Slotted,plain, dimpled they all suffered the same fate. Surprisingly the plains cracked the quickest but also had the harshest pads. Definitely heat related issues, the rears being smaller, thinner and getting less airflow. Im currently running some dim sim brand rda dimple copy rears. Yep copies of rdas, wtf. Have done a few track days and show no signs of cracks, yet.
Which rotors for GTR R32??
admS15 replied to Matty George's topic in RB Series - R31, R32, R33, R34 (1986-2002)Agree with rda being great, especially for the money. Even plain rotors crack, see in your pic above, the little micro cracks. Once you have a lot of those, they start to join up and become the big gash. All rotors do it eventually, some just last longer than others. I just replaced a pair of $1100 stoptech 2 piece rotors due to micro cracks. Didn't feel like living dangerously any longer. Id been ignoring them for a while but recently got to the point where there was just too many to ignore any longer.
Rb20det exhaust gasket recommendations?
admS15 replied to LINK17's topic in RB Series - R31, R32, R33, R34 (1986-2002)Found this on ebay, all the usual places have put them up to over $100, this one is 80 odd https://rover.ebay.com/rover/0/0/0?mpre=https%3A%2F%2Fwww.ebay.com.au%2Fulk%2Fitm%2F233396814118
Shoota's R33 GT-R RB30/26
admS15 replied to Shoota_77's topic in Projects, Overhauls and Build-upsLooking good, geez you've really got your finger out and pressing on now.
Seems like once a scammer always a scammer. f**k you Tyson Gaddafi
So is he a scammer or a good bloke? You cant bring a thread back from the dead 13 years later without any more info.
Rename thread to Dose's better home and gardens with a little bit of garage too. Nice bathroom habib, does it make 500kw?
Rb20det exhaust gasket recommendations?
admS15 replied to LINK17's topic in RB Series - R31, R32, R33, R34 (1986-2002)Stock gasket is best here, the multi layer permaseal, cometic etc are much thinner than the OEM gasket which moves the whole exhaust in towards the head 5-7mm, consequently the holes for the exhaust support brackets then won't line up properly and will need to be modified to fit again. Mr Nissan did well with this gasket. Only advantage of the mls ones is they're reusable many times if the manifold comes off again, the Nissan ones tend to pull apart as it bonds itself to the faces. I still vote oem Nissan.


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Wind farm says Duke violated contract
The owner of a northern Indiana wind farm says Duke Energy Indiana Inc.—which had agreed to buy energy the 87-turbine operation produces—breached its contract, "proving disastrous.
The owner of a northern Indiana wind farm says Duke Energy Indiana Inc.—which had agreed to buy energy the 87-turbine operation produces—breached its contract, "proving disastrous.
The U.S. Environmental Protection Agency said it has invalidated renewable fuel credits sold by an Indiana company for biofuel it didn't produce. The filing Wednesday follows fraud charges filed against the former owners of the Middletown-based E-Biofuels LLC in September.
Dominion Resources Inc. said Monday that the three projects near Indianapolis are capable of providing enough electricity for up to 7,200 homes. Dominion acquired the projects in July from Sunrise Energy Ventures.
'Fracking' has made natural gas cheap and abundant, but prices could rise with demand, costing consumers.
The proposed 4,000-solar panel solar park would cover eight acres in Frankton, about 35 miles northeast of Indianapolis and be surrounded by a fence.
Members of Indiana's coal industry and business community are heading to Chicago this week to fight against new limits on coal-fired plants they say would cost hundreds of jobs across the state.
The commissioner of the Indiana Department of Environmental Management, Thomas Easterly, told lawmakers that the pending federal regulations will essentially rule out coal-fired power plants that currently generate much of the state's electricity.
The project's private developers are leasing the land from the airport and selling the electricity generated from the 44,000 panels to Indianapolis Power & Light Co.
Federal prosecutors say Jeffrey Wilson did not initially know about a fraud scheme in Imperial Petroleum's new subsidiary, E-Biofuels, but allowed the deception to continue once he did, costing investors tens of millions of dollars.
IndyGo will use a $10 million federal grant to convert 22 city buses to all-electric power. Each bus will cost about $550,000 to convert and will have a range of about 100 miles.
Columbus is shutting off some of its financial assistance to a solar panel manufacturer because the company hasn't hired enough workers.
A developer has slightly scaled back plans for a central Indiana wind farm as the company tries to win approval from county officials for the estimated $300 million project.
A central Indiana official says the tough conditions opponents of a planned wind farm are seeking for the project would leave little room for the proposed power-generating wind turbines.
The operators of Indiana's largest wind farm are proposing changing the nighttime operations of the farm's 300-plus wind turbines to protect endangered Indiana bats from being killed by the turbines' spinning blades.
A Chicago-based company is seeking permission from Delaware County officials to build about 30 turbines across 15,000 acres of agricultural areas northeast of Muncie.
Indianapolis-based Simon Property Group Inc. is among borrowers funding projects from rooftop solar panels to energy-savings systems using so-called Pace financing.
A Minnesota firm with a 15-year contract with IPL wants to install solar panels and power stations on two different sites as part of a $50 million-plus project.
Farm planned for northeast of Indianapolis Motor Speedway will add to sun/wind capabilities.
Echo Automotive trades on the OTC Bulletin Board, the Wild West of investing—where cheap stock prices and low trading volumes can translate into wild swings in stock price.
Options include increasing exports as opposition to coal-fired electricity generation heats up at both national and local levels.


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Flashcard Machine 12+
Flashcard Machine Mobile, LLC
- Free
- Offers In-App Purchases
iPhone Screenshots
Flashcard Machine utilizes the In-App Purchase model so that you can try the app before purchasing. You will receive 100 flashcard flips for free, and you can buy more for as little as $0.99 or unlimited flips for $4.99.
*********** At a Glance ***********
- Create your own flashcards
- Access millions of flashcards created by other users
- Intuitively separates flashcards into "correct," "wrong," and "flagged" piles for future study sessions
- Tag and discover flashcards based on location (great for sharing flashcards with a class)
- Scroll down to see all of Flashcard Machine's features!
******** About the Product ********
Flashcard Machine allows the user to quickly design custom study sessions based on his or her past performance over multiple study sessions. It is the ONLY flashcard application that reproduces the control that a student traditionally has in studying flashcards. Linked to one of the largest flashcard repositories on the internet (www.flashcardmachine.com), this app already has all the flashcards that you will ever need.
This app is a valuable time-saver and a great educational tool for students everywhere. You will never want to use another flashcard app again!
************ Features ************
- Access to Flashcard Machine's millions of flashcards
- The ability to tag and discover flashcards based on location (great for sharing flashcards with a class)
- Push Notifications for reminders to study
- Create flashcards online or in the app
- Sync with your FlashcardMachine.com account (download and upload)
- Portrait and landscape views
- Automatically sorts and tracks flashcards into piles throughout the study session
- Designs future study sessions based on pile history
- Quickly view information about your current progress
- Customize the fonts and colors for each flashcard set
- Caches images for studying flashcards even without internet connection
- WSIWYG online editor
- Support for HTML flashcards.
- Flick screen to move back and forth between flashcards
- Auto-flip mode
What's New
Version 1.24.2
Bug Fixes
Ratings and Reviews
Good, but...
Needs a card box system to encourage long term retention. Maybe above each card there could be two buttons, "MOVE TO NEXT CARD BOX" and "MOVE BACK TO FIRST CARD BOX". Simple as that.
Great app, wish better support.
I've been using the app for a couple of years, creating all sorts of sets for certifications and languages. I even made a spreadsheet that helps formatting for easy importing.
The only reason why I'm giving a three star is that the support isn't responsive. I've given suggestions and bug reports, still waiting for answers, and I really am unhappy about that. It's a good app, but as an example if the number of cards are over a certain amount it's truncated. I have one set that had 2,868 cards, but in the list it says 28... The names are also truncated.
Still, even though the flaws are minor I am happy with the app and still want to use it.
This is the best flashcard app.
The visual design of the flashcards in the app is excellent. It is organized, easy to use, easy to make flashcards quickly, easy to share flashcards quickly. The only thing is there seems to be a bug where it is at times difficult to scroll down on a flashcard if there's a lot of information written on it; it won't scroll down sometimes.
- Seller
- Flashcard Machine Mobile, LLC
- Size
- Category
- Education
- Compatibility
Requires iOS 8.0 or later. Compatible with iPhone, iPad, and iPod touch.
- Languages
- Age Rating
- 12+
- Infrequent/Mild Sexual Content and Nudity
- Copyright
- © 2013 Flashcard Machine, LLC
- Price
- Free
- In-App Purchases
- 100 Flips $0.99
- 500 Flips $2.99
- Unlimited Flips $4.99
Family Sharing
With Family Sharing set up, up to six family members can use this app.


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Genre: Action Adventure Sci-Fi
Director:Anna Boden, Ryan Fleck
Stars: Brie Larson Samuel L Jackson Ben Mendelsohn Jude Law
Vote: 7.1
Quality: HD
Random Movies on M4uHD.com
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GadgetGang in Outer Space (2017) When a spaceship crashes to Earth and reveals a group of quirky little space aliens on the run for their lives, the "GadgetGang" kids-Gus, Phoebe, Francesco, Mitsue, Mary Ann, Banana and Tank-soon discover this won't be the boring weekend they had expected. They soon learn that in a point far from the gala
Aries Spears: Comedy Blueprint (2016) MADTV alum Aries Spears stars in "Comedy Blueprint", a standup set where no one can avoid his jokes and aggressive style of comedy.
A disaffected soldier (Considine) returns to his hometown to get even with the thugs who brutalized his mentally-challenged brother (Kebbell) years ago.
Midnight Express (1978) On October 6, 1970 while boarding an international flight out of Istanbul Airport, American Billy Hayes is caught attempting to smuggle 2 kilos of hashish out of the country, the drugs strapped to his body. He is told that he will be released if he cooperates with the authorities in identifying the person who actually sold h
Emma Lloyd has made a career out of her sensible, mature and responsible approach to relationships. She has a hit radio talk show, an impending book deal, and a loving relationship with her fiancé, Richard, a conventional sort-which is precisely what Emma is drawn to. Then Emma finds out that she is already married to a man she's never met befo
A young man's mother is bitten by a Sumatran rat-monkey. She gets sick and dies, at which time she comes back to life, killing and eating dogs, nurses, friends, and neighbors.
Slap Shot (1977) Located in the US Rust Belt, Charlestown is home of the hapless Chiefs, a losing Federal League hockey team whose games are poorly attended. To make money, the team's unknown owner makes its manager, Joe McGrath, do cheesy publicity much to the players' chagrin. Rumors abound among the players that if the local mill closes, the tea
Disaster movie maven Roland Emmerich (Independence Day, The Day After Tomorrow) crafts this apocalyptic sci-fi thriller following the prophecy stated by the ancient Mayan calendar, which says that the world will come to an end on December 21, 2012. When a global cataclysm thrusts the world into chaos, divorced writer and father Jackson Curtis (John
Soul Power (2008) A filmed account of the Zaire 74 soul music festival, originally intended to be in concert with the famous Rumble in the Jungle bout in Kinshasa, Zaire in 1974.
Silencio (2018) In order to save her son's life, Ana embarks on a quest to find a powerful stone from the Zone of Silence, located in Mexico. Someone finds out the power the stone possesses and believes it is a power worth killing for.
Nobody Lives Forever (1946) G.I. Nick Blake, a never charged con man in his pre-military life, has just received an honorable discharge from the army on medical reasons. Rather than return to his old life, he plans to settle down in New York, his hometown, with his girlfriend Toni Blackburn and the small cache of money he amassed prior to the war:
Tall Girl (2019) Jodi, the tallest girl in her high school, has always felt uncomfortable in her own skin. But after years of slouching, being made fun of, and avoiding attention at all costs, Jodi finally decides to find the confidence to stand tall.
Shot in the Dark (2017–) Three rival freelance stringers scour the streets at night to film crime scenes, fires, accidents - and anything else they can sell to news outlets.
Boomerang! (1947) This dramatization of a factual incident opens in a quiet Connecticut town where a kindly priest is murdered while waiting at a street corner. The citizens are horrified and demand action from the police. All of the witnesses identify John Waldron, a nervous out-of-towner, as the killer. Although Waldron vehemently denies the crim
Appropriate Behaviour (2014) For Shirin, being part of a perfect Persian family isn't easy. Acceptance eludes her from all sides: her family doesn't know she's bisexual, and her ex-girlfriend, Maxine, can't understand why she doesn't tell them. Even the six-year-old boys in her moviemaking class are too ADD to focus on her for more than a second. F
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As the Heat walked off the court at Charlotte Coliseum, it had outscored the Hornets by 22 points from midway through the second quarter.
Yet nobody was smiling.
It was that kind of day at the office.
"We've never been in a hole like that," coach Pat Riley said.
This wasn't a hole, this was a 28-point crater. And that meant as furiously as the Heat charged back in the second half, it exited in disgust after an 82-76 loss to the Hornets at Charlotte Coliseum.
"We made a valiant effort to come back," Riley said, "but that's all it was."
Although the deficit put the Heat in uncharted territory, the storyline was all too familiar. In its previous outing, it blew a 20-point fourth-quarter deficit before winning Friday night in Washington in overtime.
After that game, the Heat locker room was silent. There was an unease about how it turned something so simple into something so difficult.
Sunday, the quiet was back. This time it was because of the lamentable start that put it in an inescapable 44-16 abyss.
"We never should have been that far down," said point guard Tim Hardaway, who overcame his first-half nightmare to close with 31 points.
The Heat got way down because it settled for jump shots early and continued firing even when the jump shots weren't close. It opened 0 for 13 on 3-pointers and small forward Jamal Mashburn closed 0 for 10 from the field in a scoreless outing.
Yet for all that went wrong, the Heat took advantage of sloppy play from the Hornets to get its deficit to single digits, 72-63 with 6:23 to play.
But while the Hornets kept giving, with ill-timed shots and shoddy ballhandling, the Heat blew an opportunity to narrow the gap more.
Four straight possessions without a point just about ended its hopes. First Mashburn missed a 3-pointer. Then center Isaac Austin missed two free throws and the Heat could not convert when the rebound of Austin's second miss led to a traveling violation by Austin. From there Austin missed inside and, on the next possession, forward Keith Askins failed to convert inside.
"We had a chance to get back, but just didn't make the shots," Riley said.
Charlotte climbed out of that hole on a jumper from former Heat forward Glen Rice, who led the Hornets with 21 points. The Heat had a chance to close within three with 1 minute, 25 seconds to play, but Hardaway was off on a 3-point attempt.
That possession spoke volumes about the Heat's offense in the absence of center Alonzo Mourning, who missed his eighth game with an injured right foot and could be out four more weeks. With the offense having broken down and the shot clock expiring, Riley shouted, "Just give it to Tim!"
Unlike Friday night against the Bullets, when Hardaway scored a career-high 45 points, the point guard couldn't do it by himself Sunday.
And that's what left Riley especially disappointed in the play of Mashburn and shooting guard Voshon Lenard, who scored only eight points on 3 of 6 shooting.
"Voshon has to give us more," Riley said. "We have to get more out of the two and three spots [shooting guard and small forward) every night."
At least Lenard provided something.
"I couldn't hit anything," Mashburn said. "Everything was short."
The Heat closed 30 of 90 from the field, the .333 shooting percentage its lowest of the season.


text:
Bharat Gera
Principal Hr Consultant
Labour Law Advocate
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Last month i got a opportunity for change and put down my resignation in writing to my manager. Initially they have tried to convince me that we cant afford to loose a employee like you, we will hike your CTC, promote etc.But when i tell my willingness to leave due to bad environment and harassment,after 25 days of my resignation they had rejected on the ground of responsibility and accountability of a project which given loss, to finish the recovery with several false allegations on me with threatening of legal action.Which all is false in nature. I have all the documentary evidence which can establish that i haven't done anything wrong.
As per policy of the organisation i have to serve 60 days as notice period, but due to mental shock and getting hurtled by the allegations i have decided to quit asap. As per organisational policy i have written them that i am ready to pay for the shortfall period, which can be deducted from my dues over 45 days of salary, handed over all the assets of the organisation and moved. they have denied for providing relieving and full and final settlement.
Now :- 1. what should i do for taking my relieving and dues 2.what can they do against me
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Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
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Only upon acceptance of resignation, you may proceed towards your full and final settlement including gratuity. Since your resignation is on hold, you are required to settle this issue first before going into full and final settlement.
2. In the guise of relieving authority the employer can not hold the employee as bonded employee.
3. Since you were in a senior position, please take advise of some good advocate who handles cases of employees. You should stand on the ground and should take it head on as you are already left the company.
4. After legal advice you can challenge the allegations and demand an independent inquiry in the matter as the charges against you appear to be concocted and baseless.
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High Holiday Companion
by Rabbi Simcha Zissel Ziv and Geoffrey Claussen
In the 1860s, Rabbi Simcha Zissel Ziv tried to found a new kind of yeshiva in which students would devote significant time to thinking about their moral lives.
by Allan Nadler
Old World Ashkenazi cantorial art—khazones—is making a comeback, with a surprising little boost from a Leonard Cohen single (yes, that Leonard Cohen).
In this season of repentance, it is not only the laws of the rabbis, but their stories as well, that teach us how—and how not—to forgive.
And should we add a confession on Yom Kippur "for the sin of opening browser windows of distraction"? On Aristotle's akrasia and Maimonides's teshuvah.
by Noah Millman
How Shakespeare helps us think about the akedah, and vice versa.
by Shari Saiman
The reimagining of an ancient architectural ritual.
by Jacob ben Isaac Ashkenazi & Morris M. Faierstein
There was once a custom for a pregnant woman to bite off the tip of the etrog at the end of Sukkot. This excerpt includes the text of a Yiddish prayer, or tkhine, that the pregnant woman is instructed to recite based on an interpretation of Genesis 3:6.
The tradition to stay up all night studying on Shavuot is far more well known than the tradition to do so on Hoshana Rabbah. Neither would have been possible without Kabbalah and caffeine.
by Adam Kirsch
The scroll, which was originally a secular technology, became closely associated with Judaism at a time when Christians were adopting the codex for their holy books.
The Torah reading cycle provides the structure not just for the Jewish year but also for countless volumes of commentary on the biblical text.
Suggested Reading
Comes the Comer
The New American Haggadah boasts a high-profile cast of contributors—Jonathan Safran Foer, Nathan Englander, Nathaniel Deutsch, Jeffrey Goldberg, Rebecca Newberger Goldstein, and Lemony Snicket. But it also features a series of unfortunate translations and commentaries.
Welcome to the Jewish Review of Books
Welcome to the first issue of the Jewish Review of Books.
Psychology at Nuremberg
Both Kelley and Gilbert believed they could make a broad psychosocial argument despite the limited sample size, inconclusive tests, infighting, and lack of clear standards and definitions.
A Movement Strikes Back
Seven leaders and a historian respond to Daniel Gordis' "Requiem for a Movement."


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Job Purpose :
provides support for existing solutions as well as developing recommendations for improvements.
Reports to : Manager Information Technology
Key Activities / Accountabilities :
g Main knowledge of WMS, ERP systems and EDI, including understanding of messaging layouts and EDI mapping.) Develops / maintains understanding of the roles of key functions, their process flows and inter-dependencies.
Performs / co-ordinates actions needed to resolve the issue within the committed timeframe.
With appropriate guidance, analyses less complex requests to customise advanced CT solutions or develop product enhancements.
Includes all stages of the project from defining requirements and best methods to implement, analysing and resolving technical problems, developing and performing relevant testing etc.
Prepares the technical and support documentation ensuring all details are accurately captured.
The successful candidate must have the following qualifications :
Excellent p.c. and network diagnostic skills
The company offers competitive remuneration package, private insurance, and opportunities for advancement in a rapidly growing multinational environment


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Copying & Duplicating Services in Richmond
Here you will find accurate info on various businesses belonging to the Copying & Duplicating Services category in Richmond. From the latest category entries up to a list of similar categories in this area. Feel free to 'dig in' and get the data that you are looking for.
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- Staples® Print & Marketing Services1248 Carmia Way- 23235Opening Hours
- Staples® Print & Marketing Services3540 Pump Rd- 23233Opening Hours
- The UPS Store11533 Busy St- 23236Opening Hours
- The UPS StoreNear West End 5806 Grove Ave- 23226Opening Hours
- Graphic Equipment Specialist Inc.Chesterfield 601 Research Road- 23236Opening Hours
- Staples® Print & Marketing ServicesHenrico 1601 Willow Lawn Dr- 23230Opening Hours