K & M La Botica Pharmacy, Inc. et al. - Page 5




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          have once again filed motions to compel taking of Mr. Darwish’s             
          deposition, to which are attached the notices of objection                  
          thereto that were previously served by respondent on petitioners.           
          It is these motions and objections which we consider in the                 
          instant Memorandum Opinion.                                                 
               Lastly, we note that concurrently with certain of the tax              
          proceedings detailed above, a separate civil suit was pending               
          against Mr. Ahmed in California Superior Court.  On January 4,              
          1999, Mr. Darwish had filed a complaint naming as defendants Mr.            
          Ahmed, La Botica, and various other entities.  The complaint                
          contained causes of action for intentional concealment,                     
          intentional misrepresentation, conspiracy, dissolution of                   
          corporation and accounting, declaratory relief, injunction, and             
          appointment of receiver.  The factual allegations made in the               
          complaint parallel in many respects those underlying Mr.                    
          Darwish’s affidavit and testimony in the jeopardy proceeding.               
          This civil suit was apparently settled out of court, as the                 
          parties thereto requested that it be dismissed in January of                
          2000.                                                                       
                                     Discussion                                       
               Rule 75 governs the taking of depositions of nonparty                  
          witnesses in instances where the parties cannot or will not agree           










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