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Desiree Capuano & James Pendleton
250 E. Placita Lago Del Mago
Sahuarita, AZ     85629
Tel: 520-288-8200
desiree.capuano@gmail.com
japendletonjr@gmail.com
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Petition for annulment
From: Patrick <patrick@desireecapuano.com>
To: Desiree Capuano <desiree.capuano@gmail.com>
Date: Fri, May 08 2015 12:18:00 pm
Hello, Desiree:

So, with respect to the conflict resolution hearing on the 20th, I don't 
intend to appear, because either:
1) the court will proceed with setting a date for trial, in which case I 
will file the motion to dismiss based on lack of jurisdiction two weeks 
prior to the trial which will cause the issue of jurisdiction to have to 
be addressed at the time of the trial and the court will have to find 
that California has jurisdiction based on the petition I filed in 
November 2012; or
2) the court will proceed with granting the annulment, in which case I 
would either:
a) file an appeal, based on lack of jurisdiction; or
b) file a motion to vacate, based on lack of jurisdiction.

In the case of paragraph 2, either sub-option will result in the court 
having to address the matter of jurisdiction, after the fact, which will 
cause the order to be stayed pending the outcome of that review.  That 
could take anywhere from 6 to 18 months.  As a matter of law, the court 
would HAVE to find that California DID have jurisdiction at the time you 
submitted your petition in Arizona and the matter would have to be 
dismissed.  It would then have to proceed in California.

Once that is accomplished, you will likely file a motion to dismiss the 
California case, but without having a legal grounds the motion would 
have to be dismissed and the case would proceed in California.  The 
California court will likely try to officially dismiss the case but I'll 
object based on a lack of legal grounds for such.  The case in 
California will drag on until it reaches the five year limit for going 
to trial (November 2017), at which time it will be dismissed as a matter 
of statutory law.  At which time I will have my attorney in BC waiting 
at the courthouse here, to file a petition for dissolution in BC on the 
same day the California court dismisses that case.  Then, the whole 
process will start over in BC.

You see, careful, meticulous planning.  That's how you prevail.  Or, I'm 
lying about everything in this message just to mess with you:).

Cheers,
Patrick