IN CHAMBERS RULING RE: DEFENDANT’S MOTION FOR DISMISSAL
The Court has reviewed the “Motion for Dismissal” filed by Defendants/Judgment Debtors Universal Life Church World
Headquarters, Inc. and Michael Cauley (“Defendants”), the Response filed by Plaintiffs/Judgment Creditors Universal Life
Church Monastery Storehouse, Inc. and George Freeman (“Plaintiffs”), and Defendant’s Reply.
Defendant Cauley is self-represented; Defendant Universal Life Church World Headquarters, Inc. is unrepresented, as Mr.
Cauley cannot represent a corporation, since he is not an attorney. The last issue raised by Defendants (issue 7) concerns
notice to Universal Life Church World Headquarters. Mr. Cauley is not allowed to raise this issue on behalf of the corporation,
so dismissal on this basis should be denied.
Two of the other issues raised in the motion for dismissal related to procedural requirements for filing a foreign judgment. The first issue is that the foreign judgment was issued by a magistrate of the District Court rather than a District Judge. Defendantsi consented to the magistrate judge presiding over the foreign judgment and therefore the judgment was issued by a proper judicial officer. Defendants appear to argue that the case should be dismissed because the Plaintiff’s failed to conduct post judgment discovery. However, the Plaintiffs have properly filed an action under the Uniform Enforcement of Foreign Judgments Act and have given notice to Defendants under that act, A. R.S. §§ 12-1702-1708. Therefore this argument of Defendants has no merit.
Mary Mieler, JMK Judicial Administrative Assistant
Finally, the remaining issues Defendants raise regard the website domain names as property. These issues raise legitimate questions of law or fact, and therefore it is not proper to decide them on the basis of a Motion to Dismiss. Defendants Motion for Dismissal, or more properly, Motion to Dismiss, is DENIED.