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23CV002720·monterey·Civil·Corporate Governance
Hearing 3 months agoGRANTED

Matthew Arcoleo v. John Mayer

Petition for Appointment of Provisional Director

Hearing date
Jun 5, 2026
Department
Judge
Prevailing
Moving Party
Appearance
Not required

Motion type

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Monetary amounts referenced

$300

Parties

RespondentMatthew Arcoleo
PetitionerJohn Mayer

Ruling

Matthew Arcoleo v. John Mayer

(And Related Cross Action; Consolidated with 25CV005325)

John Mayer’s Petition for Appointment of Provisional Director

Hearing Date: June 5, 2026 (continued from June 1, 2026)

On June 1, 2026, a hearing was held regarding the Court’s order to show cause why it should not appoint a provisional director [Corp. Code § 308] to serve on the board of Discovery Charters, Inc. (“DCI”). During the hearing, the Court told Petitioner John Mayer (“Petitioner”) and Respondent Matthew Arcoleo (“Respondent”) that it was inclined to appoint professional fiduciary Adam Tight as DCI’s provisional director, provided that Respondent submit a declaration from Mr. Tight about his hourly rate and the information needed to assess his eligibility. [See Corp. Code §§ 308-309.]

After reviewing Mr. Tight’s declaration filed on June 3, 2026, the Court hereby GRANTS Petitioner’s request to appoint a provisional director for DCI’s board and APPOINTS Mr. Tight in this role. Mr. Tight fulfills the eligibility criteria outlined in Corporations Code section 308, subdivision (c). [Id. at ¶ 3.] He is aware of and will carry out his responsibilities in accordance with section 309. [Id. at ¶¶ 2, 4-5.] DCI will pay Mr. Tight $300 per hour for his services. [Id. at ¶ 6.]

The Court will complete the Proposed Order that Petitioner lodged on June 1, 2026.

NOTE RE TENTATIVE RULING

This tentative ruling becomes the court’s order, and no hearing shall be held unless one of the parties contests it by following Rule 3.1308 of the California Rules of Court and Monterey County Local Rule 7.9. Those parties wishing to present an oral argument must notify all other parties and the Court no later than 4:00 p.m. on the court day before the hearing; otherwise, NO ORAL ARGUMENT WILL BE PERMITTED, AND THE TENTATIVE RULING WILL BECOME THE ORDER OF THE COURT AND THE HEARING VACATED. You must notify the court by email or by calling the Calendar Department at 831-647-5800, extension 3040, before 4:00 p.m. on the court day before the hearing.

1

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