NOTICE OF DEFENSE MOTION TO STRIKE OUT PORTION OF COMPLAINT

June 17, 1878

Take notice that the defendant, the California Star Oil Works Company, will, in the above entitled cause, move said court at the court room thereof in the City of Los Angeles on the 24th day of June, 1878, at the opening of Court on that day, or as soon thereafter as counsel can be heard, to strike out each and all the following parts of the complaint in said action.

To wit:
1st – The following words: “That at the time of the assignment of said lease by said Denton to said defendant the California Star Oil Works Company and at the time of the acceptance thereof by said defendant corporation the defendant F. B. Taylor was, and ever since has been, and now is, a member of said corporation and an owner of a large share of its stock.”

2nd – The following words:
“That after the assignment of said lease by said Denton as aforesaid, the said defendant Taylor entered into a fraudulent conspiracy with said defendant corporation for the purpose of fraudulently acquiring the said property of the said plaintiff R. S. Baker and in pursuance of said fraudulent conspiracy, the said Taylor afterwards to wit, on or about October 28th, 1877, and while a member of said defendant corporation and the owner of a large part of the stock as aforesaid, acquired certain pretended interests in said leased property adverse to the said R. S. Baker and also certain pretended interests in the said rental of said property.”

All said words being part of paragraph 11 of the complaint.

Said motion will be made upon the ground that all and each aforesaid parts are irrelevant and redundant.

Greathouse and Blanding
Attorneys for the defendant