According to the docket dated 09/03/2003, Class Certification was denied and the case is dismissed. Order by Judge Percy Anderson states Plaintiffs' 14a-9 claim is barred by the statute of limitations, Defendant Saline's motion for partial summary judgment is therefore granted. The sole remaining claim in the suit is a pendent claim, Court declines to exercise supplemental jurisdiction over that claim and dismisses the action. Each party bear its own costs terminating case.
Initially the court assigned this case to Judge Alicemarie H. Stotler with the docket number 02-CV-1157. Later, before the end of the year 2002, the Judge Stotler issued an order transferring the case to the Western Division and reassigned the case to Judge Percy Anderson, docket number 03-CV-758.
The original Complaint alleges that Saline violated federal securities laws and requests that he be removed as a Director of Commonwealth, pursuant to California Corporations Code section 304. The Complaint charges that in or about 2001, Saline was elected to the Commonwealth Board of Directors after acquiring 352,000 void Commonwealth shares. On November 14, 2002, Hon. James M. Brooks of the California Superior Court for the County of Orange preliminarily ruled that Saline's shares were illegally issued and void as a matter of law. The Complaint also alleges that since at least October 2001 Saline has made false statements concerning Commonwealth in formal proxy solicitations and elsewhere in order to fraudulently obtain proxies, has interfered with shareholder voting at Commonwealth's annual meeting, and has breached his fiduciary obligations to Commonwealth and its shareholders.