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1 DANIEL E. LUNGREN, Attorney General <br /> of the State of California <br /> 2 LAWRENCE K. KEETHE, Supervising <br /> Deputy Attorney General <br /> 3 MICHAEL J. CORNEZ <br /> Deputy Attorney General <br /> 4 State Bar No. 111065 <br /> X1515 K Street, Suite 511 <br /> 5 � P. 0. Box 944255 <br /> ; Sacramento, CA 94244-2550 <br /> .6 ' Telephone: (916 ) 327-0305 <br /> 7 Attorneys for Plaintiff <br /> State Board of Equalization <br /> 8 <br /> 9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA <br /> 10 IN AND FOR THE COUNTY OF SAN JOAQUIN <br /> 11 <br /> 12 ( PEOPLE OF THE STATE OF ) No. 247285 <br /> CALIFORNIA, STATE BOARD OF ) <br /> 13 iEQUALIZATION, ) MOTION TO SET ASIDE AND VACATE <br /> OR AXEND JUDGMENT; MEMORANDUM <br /> 14 Plaintiff, ) OF POINTS AND AUTHORITIES IN <br /> SUPPORT OF MOTION <br /> 15 V. ) <br /> Date: Sept. 20, 1993 <br /> 16 SUMIDEN WIRE PRODUCTS ) Time: 1 : 30 p.m. <br /> CORPORATION and J.R. SIMPLOT ) Dept: 3 <br /> 17 COMPANY, ) <br /> 18 Defendants . ) <br /> 19 1 - ) <br /> 20 The State Board of Equalization hereby moves this Court <br /> 21 to vacate in its entirety its Order dated August 4 , 1992 , in the <br /> 22 above reference case. In the alternative, the Board moves this <br /> 23 Court to modify its Order to the extent it purports to prevent <br /> 24 the Board of Equalization from asserting additional tax liability <br /> 25 against defendants . This motion is brought on the grounds that <br /> 26 this court acted in excess of its jurisdiction by purporting to <br /> 27 prevent the assertion of any tax or penalty against defendants . <br /> 1 . <br />