At the hearings that occurred on October 26, 2013 and November 6, 2013,1 the Court made the following preliminary rulings:
PRELIMINARY RULINGS AT HEARING
1. The Promissory Note was not amended.2
2. An “accommodation fee” is not owed.3
3. A “facility fee” is not owed.4
4. The delivery of the IntelliCell share certificate containing a New York (instead of Nevada) State of Incorporation has caused Ironridge no damages.5
5. IntelliCell?s performance with respect to the $30,000 liquidated damages issue was excused as a result of TCA?s failure to perform.6
6. No effort by Ironridge was made to collect on the note.7
7. TCA is not contractually entitled to recover attorneys? fees.8
THE FOLLOWING ARE THE EXACT PAGES AND LINES FROM THE OFFICIAL COURT TRANSCRIPT WHICH APPLY TO EACH RULING:
1 Citation to the respective hearing transcripts are as follows: “Oct. 29, Transcript” and “Nov. 6, Transcript.”
2 Oct. 29, Transcript, pg. 68, lines 13-14 (The Court: “I don?t think there?s an amendment here and I don?t think there?s an accommodation fee due here”).
3 Id.
4 Id., pg. 107, lines 18-24 (The Court: “With respect to the amount due, if the basis of the claim for more than the principal and the interest are this accommodation fee of 50 of $75,000, the alleged agreement to substitute 91,000 some odd dollars for the shared to be delivered, my recommendation to Judge Oing is that there?s no basis for that claim.”) (emphasis added)
5 Nov. 6, Transcript, pg. 61, lines 7-14 and pg. 64, lines 4-6 (the Court: “I see no damage. Justice Oing referred the issue of damages to me. I see no damages as a result of that at this point. Let?s move on.”) (emphasis added) Thereafter, Ironridge presented no additional evidence on that issue.
6 Id., pg. 62, lines 2-24.
7 Id., pg. 38, lines 12-15.
8 Id., pg. 50, lines 5-6.
How can you say that it is not a FACT that everything Ironridge is currently asking for HAS ALREADY BEEN DENIED? This is documentation from the court transcripts which PROVES with FACTS that everything Ironridge is still asking for has already been DENIED!
