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Since this appears to be a very large docket, we will only show 500 entries at at time.
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 597 |
Filed: 11/29/2023, Entered: None |
Motion to Vacate |
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Jan 5, 2023 Order for Dismissal of the 6th Amended Cross Complaint filed by plaintiff Association Building Services Inc on complaint filed 8/21/20
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 Request |
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| 596 |
Filed: 11/17/2023, Entered: None |
Request to Enter Default Filed |
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Request to Enter Default (Borunda)
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Request |
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| 595 |
Filed: 11/17/2023, Entered: None |
Request to Enter Default Filed |
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Request to Enter Default (Gardner)
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Request |
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| 594 |
Filed: 11/17/2023, Entered: None |
Request to Enter Default Filed |
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Request to Enter Default (ABS)
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Request |
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| 593 |
Filed: 10/10/2023, Entered: None |
Filing Fee Paid by |
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$60.00 CK PAID 10/10/23 EX PARTE
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Request |
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| 592 |
Filed: 10/10/2023, Entered: None |
Declaration Filed |
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DECLARATION OF KENT L. SHARP, ESQ. IN SUPPORT OF CROSS-COMPLAINANT CLH PROJECT 1, LLC'S EX PARTE APPLICATION FOR ORDER VACATING DISMISSAL OF SECOND AMENDED CROSS-COMPLAINT AND ENTERING DEFAULTS AGAINST CROSS-DEFENDANTS THEREON - Hearing Date 10/11/23
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Request |
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| 591 |
Filed: 10/10/2023, Entered: None |
Request for Judicial Notice Filed |
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REQUEST TO TAKE JUDICIAL NOTICE IN SUPPORT OF CROSS-COMPLAINANT CLH PROJECT 1, LLC'S EX PARTE APPLICATION FOR ORDER VACATING DISMISSAL OF SECOND AMENDED CROSS-COMPLAINT AND ENTERING DEFAULTS AGAINST CROSS-DEFENDANTS THEREON - Hearing Date 10/11/23
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Request |
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| 590 |
Filed: 10/10/2023, Entered: None |
NOTICE OF REMOTE APPEARANCE |
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COUNSEL FOR DEFENDANTS/CROSS-COMPLAINANTS TO APPEAR FOR EX PARTE HEARING ON 10/11/23 AND THROUGHOUT THE CASE VIA VIDEOCONFERENCE (ZOOM)
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Request |
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| 589 |
Filed: 10/10/2023, Entered: None |
Ex-Parte Application |
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CROSS-COMPLAINANT CLH PROJECT 1, LLC'S EX PARTE APPLICATION FOR ORDER VACATING DISMISSAL OF SECOND AMENDED CROSS-COMPLAINT AND ENTERING DEFAULTS AGAINST CROSS-DEFENDANTS THEREON - Hearing Date 10/11/23
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Request |
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| 588 |
Filed: 8/14/2023, Entered: None |
Returned Mail Received |
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Case Re-Assignment - Resent
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Request |
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| 587 |
Filed: 8/14/2023, Entered: None |
Returned Mail Received |
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Case Re-Assignment - resent
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Request |
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| 586 |
Filed: 8/14/2023, Entered: None |
Returned Mail Received from Postal Service |
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Returned from post office due to incorrect information
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Request |
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| 585 |
Filed: 6/9/2023, Entered: None |
Case Re-Assigned to Dept for all Purposes, Notice sent |
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Request |
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| 584 |
Filed: 4/7/2023, Entered: None |
Document is Returned by Court for the Following Reason(s): |
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Request for Entry of Default - The cross complaint you would like to default these parties on was dismissed on 12/16/2022 in court.
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Request |
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| 583 |
Filed: 3/20/2023, Entered: None |
Proof of Service of Summons and Comp/Pet Filed |
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Request |
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| 582 |
Filed: 3/20/2023, Entered: None |
Proof of Service of Summons and Comp/Pet Filed |
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Request |
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| 581 |
Filed: 3/20/2023, Entered: None |
Objection Filed |
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to request for entry of default against Dolores Borunda and Kenneth Gardner filed by Plaintiff Association Building Services, inc 032023
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Request |
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| 580 |
Filed: 3/20/2023, Entered: None |
Proof of Service of Summons and Comp/Pet Filed |
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Request |
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| 579 |
Filed: 3/16/2023, Entered: None |
Document is Returned by Court for the Following Reason(s): |
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Request to Enter Default - A proof of service of summons and complaint are required when requesting to enter default for each party. Please submit a proof of service for each party and resubmit.
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Request |
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| 578 |
Filed: 1/5/2023, Entered: None |
Order Filed Re: |
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for Dismissal of Sixth Amended Complaint and to Strike Answers to Second Amended Cross-Complaint
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Request |
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| 577 |
Filed: 1/3/2023, Entered: None |
Objection Filed |
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to (1) Notice of No response and/or objection after service of [proposed] order for dismissal of Sixth Amended complaint and to strike the answers of Association Builidng Services Inc. Kenneth Gardner and Dolores Borunda to CLH Project 1, LLC's second amended cross complaint filed by Defendnat CLH Project 1, LLC (2) Request for OSC Re:Sanctions Against Defendants CLH Project 1, LLC, Chad Hamilton, Leticia HIlition, and their Counsel, La Jolla Law Group, P.C. filed by Plaintiff Association Building Services, Inc 1/03/23
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Request |
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| 576 |
Filed: 12/28/2022, Entered: None |
Notice Filed. |
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of No Response and/or Objection after service of (proposed) order for dismissal of Sixth amended Complaint and to strike the answers of Association building services inc, Kenneth Gardner and Dolores Borunda to CLH Project 1, LLC's Second Amended Cross Complaint filed by all Defendant/Cross-complainant 12/28/22
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Request |
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| 575 |
Filed: 12/16/2022, Entered: None |
Case Reopened |
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Summary Judgment entered as to certain parties. Entire case should not have been dispositioned
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Request |
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| 574 |
Filed: 12/12/2022, Entered: None |
Notice of Entry of Judgment |
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Filed by defendant WFG National Title Company of California
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Request |
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| 573 |
Filed: 11/18/2022, Entered: None |
Video CourtCall Appearance |
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Request |
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| 572 |
Filed: 11/18/2022, Entered: None |
Motion for order |
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Motion for an Order to Deny Good Faith Determination of Settlement Agreement Between Cross Complaintant CLH Project 1, LLC and Cross Defendants john manno and Pacific Baruna Corp filed by Plaintiff 11/18/22
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Request |
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| 571 |
Filed: 11/18/2022, Entered: None |
Filing Fee Paid by |
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$90.00 VISA paid on 11/18/22
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Request |
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| 570 |
Filed: 11/1/2022, Entered: None |
Notice Filed. |
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Of Entry of Order filed by Defendants and Plaintiff in 2nd Cross Complaint WFG National Title Company of California, WFG National Title Insurance Company, A&A Reit, Williston Financial Group, LLC and the Ohio Casualty Insurance Company filed 11/1/2022
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Request |
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| 569 |
Filed: 10/21/2022, Entered: None |
Order Filed Re: |
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Granting Defts WFG National Title Co of California, WFG National Title Insurance Co., A&A Reit, Williston Financial Group, LLC and The Ohio Casualty Insurance Co's Motion for Summary Judgment - as to theSixth Amended Complaint
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Request |
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| 568 |
Filed: 10/13/2022, Entered: None |
Stipulation & Order filed |
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for Court to Retain Jurisdiction
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Request |
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| 567 |
Filed: 10/10/2022, Entered: None |
Summary Judgment Filed |
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Request |
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| 566 |
Filed: 10/5/2022, Entered: None |
Notice Filed. |
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Notice of entry of order, filed 10/5/22
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Request |
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| 565 |
Filed: 10/3/2022, Entered: None |
Correspondence Coversheet Generated to Mail: |
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Copy of Minute Order 10.03.2022
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Request |
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| 564 |
Filed: 10/3/2022, Entered: None |
Remote Hearing Held Via Court Call |
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Request |
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| 563 |
Filed: 9/26/2022, Entered: None |
Miscellaneous Document Filed |
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Defendants and Cross Defendants WVF National Title Company of California, WFG National Title Insurance Company, A&A Reit, Wiliston Financial Group, LLC and The Ohio Casualty Insurance Company's Notice of Change of Handling Attorney
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Request |
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| 562 |
Filed: 9/26/2022, Entered: None |
Miscellaneous Document Filed |
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Notice of Ruling on Defendants and Cross Defendants Motion for Summary Judgment
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Request |
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| 561 |
Filed: 9/20/2022, Entered: None |
Ex Parte Correspondence Received And Returned Not Read |
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Request |
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| 560 |
Filed: 9/19/2022, Entered: None |
Returned Mail Received from Postal Service |
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PO BOX 937; Wilmington CA 90748-0937
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Request |
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| 559 |
Filed: 9/13/2022, Entered: None |
Remote Hearing Held Via Court Call |
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Request |
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| 558 |
Filed: 9/13/2022, Entered: None |
Correspondence Coversheet Generated to Mail: |
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9/13/22 minute order/Court's ruling
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Request |
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| 557 |
Filed: 9/13/2022, Entered: None |
Remote Hearing Held Via Court Call |
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Request |
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| 556 |
Filed: 9/9/2022, Entered: None |
Notice of Ruling Filed |
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Request |
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| 555 |
Filed: 9/9/2022, Entered: None |
Request for Judicial Notice Filed |
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re: defendants motion for summary judgment filed by Plaintiff Association Building Services, inc 09/09/22
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Request |
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| 554 |
Filed: 9/8/2022, Entered: None |
Remote Hearing Held Via Court Call |
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Request |
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| 553 |
Filed: 9/8/2022, Entered: None |
Opposition to Motion Filed |
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to A&A Reit's motion for summary judgment or in the alternative summary adjudication filed by Defendants Association building services, inc 09/08/22
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Request |
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| 552 |
Filed: 9/8/2022, Entered: None |
Opposition to Motion Filed |
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to plaintiff's ex parte aplication to continue hearing on motion for summary filed by Defendants 09/08/22
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Request |
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| 551 |
Filed: 9/7/2022, Entered: None |
Filing Fee Paid by |
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$90 check paid on 09/07/22 for ex parte
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Request |
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| 550 |
Filed: 9/7/2022, Entered: None |
Ex-Parte Application |
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to Continue MSJ hearing date filed by Plaintiff Association building services, INC 09/07/22
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Request |
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| 549 |
Filed: 9/6/2022, Entered: None |
Document is Returned by Court for the Following Reason(s): |
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Substitution of Attorney returned; filed with the Court on 8.24.22. *DUPLICATE*
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Request |
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| 548 |
Filed: 9/1/2022, Entered: None |
Notice Filed. |
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of non-opposition to motion for summary judgment, or in the alternative, summary adjudication of issues of defendants WFG National Title Company of California
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Request |
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| 547 |
Filed: 8/24/2022, Entered: None |
Substitution Of Attorney Filed |
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Request |
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| 546 |
Filed: 8/5/2022, Entered: None |
Dismissal Filed as to Defendant |
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With Prejudice Filed by Cross Complainant CLH Project 1, LLC on Cross Complaint filed 1/17/19
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Request |
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| 545 |
Filed: 8/3/2022, Entered: None |
Remote Hearing Held Via Court Call |
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Request |
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| 544 |
Filed: 8/2/2022, Entered: None |
Ex-Parte Application |
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FOR ORDER ENFORCING COURT'S JANUARY 7, 2022 ORDER APPOINTING HONORABLE JACKSON LUCKY (RET.) AS DISCOVERY REFEREE
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Request |
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| 543 |
Filed: 8/2/2022, Entered: None |
Filing Fee Paid by |
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$90.00 ck paid on 08/02/2022 for ex parte application
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Request |
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| 542 |
Filed: 8/2/2022, Entered: None |
Declaration Re: |
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KENT. SHARP, ESQ. ISO DEF/CROSS-COMPLAINT CLH PROJECT 1, LLC AND DEF'S CHAD HILTON, LETICIA HILTON, AND SURTEC INSURANCE COMPANY'S EX PARTE APPL FOR ORDER ENFORCING COURT'S JANUARY 7, 2022 ORDER APPOINTING HONORABLE JACKSON LUCKY (RET) AS DISCOVERY REFEREE
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Request |
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| 541 |
Filed: 7/27/2022, Entered: None |
Notice of Entry of Dismissal and Proof of Service Filed |
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as to Cross-Complaint of The Ohio Casualty Insurance Company.
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Request |
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| 540 |
Filed: 7/22/2022, Entered: None |
Filing Fee Paid by |
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$20 ck paid 10/12/22 for stip/order for court to retain jurisdiction
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Request |
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| 539 |
Filed: 6/24/2022, Entered: None |
Motion re: Summary Judgment Filed |
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Motion for Summary Judgment of issues of defendants WFG National Title Conpany of California; WFG National Title Insurance Company;A&A Reit; and The Ohio Casualty Insurance Company
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Request |
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| 538 |
Filed: 6/24/2022, Entered: None |
Declaration Re: |
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Declaration of Everett M. Vanderweerd ISO Motion for Summary Judgment
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Request |
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| 537 |
Filed: 6/24/2022, Entered: None |
Declaration Re: |
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Declaration of Leticia Hilton ISO Motion for Summary Judgment
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Request |
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| 536 |
Filed: 6/24/2022, Entered: None |
Declaration Re: |
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Declaration of Akram Diab ISO Motion for Summary Judgment
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Request |
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| 535 |
Filed: 6/24/2022, Entered: None |
Separate Statement Filed |
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Separate Statement of Undisputed Material Facts ISO Motion for Summary Judgment
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Request |
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| 534 |
Filed: 6/24/2022, Entered: None |
Request for Judicial Notice Filed |
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Request for Judicial Notice ISO Motion for Summary Judgment
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Request |
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| 533 |
Filed: 6/24/2022, Entered: None |
Filing Fee Paid by |
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530.00check paid on for MSJ
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Request |
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| 532 |
Filed: 6/24/2022, Entered: None |
Filing Fee Paid by |
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$530.00 ck paid on 9/1/22 for MSJ
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Request |
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| 531 |
Filed: 5/11/2022, Entered: None |
Dismissal Filed as to Complaint |
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Req For Dsmissal w/out prejudice as to cross complaint of The Oho Casualty Insurance Co filed on 3/8/21
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Request |
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| 530 |
Filed: 4/18/2022, Entered: None |
Substitution Of Attorney Filed |
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Filed by Cross Defendant John Manno on cross complaint filed 3/8/21
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Request |
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| 529 |
Filed: 2/25/2022, Entered: None |
Miscellaneous Document Filed |
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Referee's Designtion of Contact Person For Access to Documents or Exhibits that are not open to the Public
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Request |
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| 528 |
Filed: 2/25/2022, Entered: None |
Miscellaneous Document Filed |
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Disclosures of Hon. Jackson Lucky
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Request |
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| 527 |
Filed: 1/12/2022, Entered: None |
Notice of Entry of Judgment |
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Notice of Entry of Judgment or Order
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Request |
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| 526 |
Filed: 1/7/2022, Entered: None |
Order Filed Re: |
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Appointing Hon. Jackson Lucky (Ret.) as Discovery referee
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Request |
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| 525 |
Filed: 1/7/2022, Entered: None |
Notice Filed. |
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Notice of no response and/or objection after service of order appointing Honorable Jackson Lucky (Ret.) as discover referee filed by All defendants 1/7/22
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Request |
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| 524 |
Filed: 9/30/2021, Entered: None |
Notice of Advanced Jury Fees Posted Filed |
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Request |
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| 523 |
Filed: 9/27/2021, Entered: None |
Notice of Advanced Jury Fees Posted Filed |
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filed by Cross-Defendants, Pacific Baruna Corp dba Summit Realty Group & John Manno
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Request |
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| 522 |
Filed: 9/27/2021, Entered: None |
Filing Fee Paid by |
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$150.00 ck paid on 10/04/2021 for Advanced Jury Fees
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Request |
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| 521 |
Filed: 9/24/2021, Entered: None |
Filing Fee Paid by |
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$150.00 ck paid on 09/27/2021 for Advanced Jury Fees
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Request |
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| 520 |
Filed: 9/24/2021, Entered: None |
Notice of Advanced Jury Fees Posted Filed |
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filed by Defendant CLH Project 1 LLC; Suretec Insurance Co; Chad Hilton & Leticia Hilton
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Request |
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| 519 |
Filed: 9/21/2021, Entered: None |
Video CourtCall Appearance |
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Attorney Larry Liu present for The Ohio Casualty Insurance Company
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Request |
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| 518 |
Filed: 9/21/2021, Entered: None |
Remote hearing held |
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Remote hearing held pursuant to Judicial Council Emergency Rule of Court 3(a)(3).
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Request |
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| 517 |
Filed: 9/17/2021, Entered: None |
Proof of service by Mail and Ack of receipt of service |
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Service Filed
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Request |
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| 516 |
Filed: 9/17/2021, Entered: None |
Notice of Acknowledgment of Receipt of |
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Service Filed
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Request |
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| 515 |
Filed: 9/17/2021, Entered: None |
Proof of service by Mail and Ack of receipt of service |
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Service Filed
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Request |
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| 514 |
Filed: 9/17/2021, Entered: None |
Declaration Filed |
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of Brad Zurcher re Submittal of Potential Referees filed by Defendants WFG National Title Company of California, WFG National Title Insurance Company, A&A Reit Cross Defendants A&A Reit, Williston Financial Group, LLC and New Millenium Title Group, LLC filed 09/17/2021
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Request |
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| 513 |
Filed: 9/17/2021, Entered: None |
Declaration Filed |
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of Kent L. Sharp ESQ. Re submittal of potential discovery referees filed by All Defendant/Cross-complainant 09/17/21
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Request |
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| 512 |
Filed: 9/17/2021, Entered: None |
Notice of Acknowledgment of Receipt of |
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Service Filed
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Request |
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| 511 |
Filed: 9/15/2021, Entered: None |
Substitution Of Attorney Filed |
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filed by Plaintiff Association Building Services, Inc. filed 09/15/2021
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Request |
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| 510 |
Filed: 9/15/2021, Entered: None |
Filing Fee Paid by |
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$3.00 MC paid on 10/04/2021 for Fax Fees
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Request |
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| 509 |
Filed: 9/14/2021, Entered: None |
New Volume Made. Volume Includes Documents Filed Between |
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vol 10 includes 12.3.19 to 3.6.20
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Request |
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| 508 |
Filed: 9/10/2021, Entered: None |
On Court's Motion, Hearing Previously Set is Ordered Reset |
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OSC re Status of POS on X-Cmplnt of Ohio Casualty/OSC re Discovery Referee/FR TSC
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Request |
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| 507 |
Filed: 9/10/2021, Entered: None |
Notice Filed. |
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of change of handling attorney. Defendants WFG National Title Company of California, WFG National Title Insurance Company and A&A Reit's notice of change of handling attorney.
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Request |
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| 506 |
Filed: 8/12/2021, Entered: None |
Remote hearing held |
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Remote hearing held pursuant to Judicial Council Emergency Rule of Court 3(a)(3).
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Request |
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| 505 |
Filed: 4/16/2021, Entered: None |
Document is Returned by Court for the Following Reason(s): |
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PROOF OF MAILING AND PROOF OF DUE DILIGENCE NEED TO BE ATTACHED
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Request |
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| 504 |
Filed: 3/16/2021, Entered: None |
Remote hearing held |
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Remote hearing held pursuant to Judicial Council Emergency Rule of Court 3(a)(3).
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Request |
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| 503 |
Filed: 3/12/2021, Entered: None |
Miscellaneous Document Filed |
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Request to take motion for an order compelling responses to supplemental interrogatories off calendar 3/25/21
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Request |
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| 502 |
Filed: 3/12/2021, Entered: None |
Miscellaneous Document Filed |
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defendants request to take mtion for an order compelling plaintiff responses to supplemental reqeusts for production of documents of calendar 3/25/21
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Request |
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| 501 |
Filed: 3/12/2021, Entered: None |
Miscellaneous Document Filed |
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Defendants request to take Motion for an order compelling plaintiff responses to supplemental request for production of documents off calendar 3/25/21
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Request |
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| 500 |
Filed: 3/12/2021, Entered: None |
Miscellaneous Document Filed |
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defendants request to take motion for order compelling plaintff responses to supplemental interrogatories off calendar 3/25/21
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Request |
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| 499 |
Filed: 3/8/2021, Entered: None |
Answer filed |
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Request |
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| 498 |
Filed: 3/8/2021, Entered: None |
Summons Issued on |
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2nd Cross-Complaint
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Request |
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| 497 |
Filed: 3/8/2021, Entered: None |
Cross-complaint filed |
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Request |
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| 496 |
Filed: 3/8/2021, Entered: None |
Filing Fee Paid by |
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$435 ck paid on 3/10/21 for 1st appearance fee
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Request |
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| 495 |
Filed: 2/26/2021, Entered: None |
Document is Returned by Court for the Following Reason(s): |
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Amendment to Complaint/Dismissal/Notice: Duplicate filings. Amendment was filed on 1/12/21. Notice and Dismissal were filed 11/10/20.
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Request |
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| 494 |
Filed: 2/22/2021, Entered: None |
Filing Fee Paid by |
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270.00 Filing Fee paid for on 02/18/21 for COmplaint
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Request |
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| 493 |
Filed: 2/18/2021, Entered: None |
Motion re: |
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For an order Compelling PLA Resp to supplemental Roggs
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Request |
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| 492 |
Filed: 2/18/2021, Entered: None |
Motion re: |
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Order compelling PLA Responses to Supplemental Requests for production of documents
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Request |
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| 491 |
Filed: 2/18/2021, Entered: None |
Motion re: |
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Order Compelling PLA Responses to supplemental Interrogatories
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Request |
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| 490 |
Filed: 2/18/2021, Entered: None |
Motion re: |
|
For an order compelling PLA Responses to Supplemental Requests for production of Docs
|
|
Request |
|
|
|
| 489 |
Filed: 2/10/2021, Entered: None |
Document is Returned by Court for the Following Reason(s): |
|
Amendment to Complaint received 11/10/20. Document filed in the department on 1/12/21.
|
|
Request |
|
|
|
| 488 |
Filed: 1/21/2021, Entered: None |
Document is Returned by Court for the Following Reason(s): |
|
Notice and Acknowledgment of receipt incomplete
|
|
Request |
|
|
|
| 487 |
Filed: 1/14/2021, Entered: None |
Notice of Continuance Filed |
|
For Order to Show Cause re why matter should not be Judicially Referenced
|
|
Request |
|
|
|
| 486 |
Filed: 1/12/2021, Entered: None |
Remote hearing held |
|
Remote hearing held pursuant to Judicial Council Emergency Rule of Court 3(a)(3).
|
|
Request |
|
|
|
| 485 |
Filed: 1/12/2021, Entered: None |
Legacy Minutes |
|
ORDER TO SHOW CAUSE RE:WHY MATTER SHOULD NOT BE JUDICIALLY REFERENCED
|
|
Request |
|
|
|
| 484 |
Filed: 1/12/2021, Entered: None |
Amendment to Complaint Correcting Name Filed |
|
of Plaintiff Association Building Services Inc on Complaint
|
|
Request |
|
|
|
| 483 |
Filed: 1/12/2021, Entered: None |
Legacy Minutes |
|
HEARING RE: FURTHER TSC
|
|
Request |
|
|
|
| 482 |
Filed: 1/11/2021, Entered: None |
Declaration Filed |
|
Declaration of Jacob I Mojarro Re: Delayed Court Order for New Defendant The Ohio Casualty Insurance Company
|
|
Request |
|
|
|
| 481 |
Filed: 12/22/2020, Entered: None |
Answer filed |
|
to Sixth Amened Complaint
|
|
Request |
|
|
|
| 480 |
Filed: 12/22/2020, Entered: None |
Filing Fee Paid by |
|
$435.00 first appearance + $7.00 fax = $442.00 cc pd on 12/22/20
|
|
Request |
|
|
|
| 479 |
Filed: 11/10/2020, Entered: None |
Dismissal Filed as to Defendant |
|
without prejudice
|
|
Request |
|
|
|
| 478 |
Filed: 11/10/2020, Entered: None |
Notice of Continuance Filed |
|
for Trial Setting Conference and Notice of Hearing for Order to Show Cause re: why matter should not be Judicially referenced
|
|
Request |
|
|
|
| 477 |
Filed: 11/5/2020, Entered: None |
Legacy Minutes |
|
HEARING RE: FURTHER TSC; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT P HERNANDEZ; -; APPEARANCES:; ATTORNEY JACOB I MOJARRO APPEARS BY COURTCALL FOR ASSOCIATION BUILDING SERVICES INC.; ATTORNEY BRIEN J O'MEARA APPEARS BY COURTCALL FOR CLH PROJECT 1, LLC, CHAD HILTON, LETICIA HILTON, SURETEC INSURANCE COMPANY.; ATTORNEY KELLY ANDREW BEALL APPEARS BY COURTCALL FOR A&A REIT, A CALIFORNIA CORPORATION, WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY.; ATTORNEY RICHARD L GOOR APPEARS BY COURTCALL FOR PACIFIC BARUNA CORP,, JOHN MANNO.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; ACTION CAME ON FOR HEARING RE: FURTHER TSC.; REMOTE HEARING HELD PURSUANT TO JUDICIAL COUNCIL EMERGENCY RULE OF COURT 3(A)(3); PLAINTIFF REPRESENTS HE HAS NAMED THE INCORRECT INSURANCE COMPANY AND WILL NEED TO ADD THE; CORRECT PARTY. ; -; COUNSEL DISCUSS THE OUTSTANDING ISSUE OF ASSIGNING THE MATTER TO A DISCOVERY REFERREE.; -; COURT GRANTS PLAINTIFF'S REQUEST TO CONTINUE TODAY'S HEARING AND ALSO SETS MATTER FOR AN; ORDER TO SHOW CAUSE WHY MATTER SHOULD NOT BE JUDICIALLY REFERENCED.; -; HEARINGS:; CURRENT HEARING CONTINUED TO 01/12/21 AT 09:00 IN DEPARTMENT S31.; ORDER TO SHOW CAUSE RE : WHY MATTER SHOULD NOT BE JUDICIALLY REFERENCED SET FOR 01/12/21 AT 09:00 IN DEPARTMENT S31.; COUNSEL FOR PLAINTIFF TO GIVE NOTICE.; ACTION - COMPLETE; === MINUTE ORDER END ===
|
|
Request |
|
|
|
| 476 |
Filed: 9/25/2020, Entered: None |
Document is Returned by Court for the Following Reason(s): |
|
PROOF OF SERVICE IS RETURNED BY COURT FOR THE FOLLOWING REASON(S): PARTY SERVED IS NOT A PARTY TO THE CASE.
|
|
Request |
|
|
|
| 475 |
Filed: 9/25/2020, Entered: None |
Notice of Return of Document(s) |
|
NOTICE OF RETURN OF DOCUMENT(S)
|
|
Request |
|
|
|
| 474 |
Filed: 8/21/2020, Entered: None |
Proof of Service Filed. Type of Service is: |
|
PROOF OF SERVICE OF SUMMONS & 6TH AMENDED COMPLAINT FILED AS TO CLH PROJECT 1, LLC, CHAD HILTON, LETICIA HILTON, A&A REIT, A CALIFORNIA CORPORATION. PARTY SERVED ON 08/19/20. TYPE OF SERVICE IS ELECTRONIC MAIL. WITH FEES OF $0.00.
|
|
Request |
|
|
|
| 473 |
Filed: 8/21/2020, Entered: None |
Amended Complaint Filed |
|
AMENDED COMPLAINT FILED -- AMENDING 6TH AMENDED COMPLAINT (UNLIMITED) OF ASSOCIATION BUILDING SERVICES INC
|
|
Request |
|
|
|
| 472 |
Filed: 8/21/2020, Entered: None |
Summons Issued and Filed |
|
SUMMONS ISSUED AND FILED
|
|
Request |
|
|
|
| 471 |
Filed: 8/21/2020, Entered: None |
Proof of Service Filed. Type of Service is: |
|
PROOF OF SERVICE OF SUMMONS & 6TH AMENDED COMPLAINT FILED AS TO A. NATHAN DAWOOD, WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY, SURETEC INSURANCE COMPANY. PARTY SERVED ON 08/19/20. TYPE OF SERVICE IS ELECTRONIC MAIL. WITH FEES OF $0.00.
|
|
Request |
|
|
|
| 470 |
Filed: 8/21/2020, Entered: None |
Notice Filed Re: |
|
NOTICE OF CORRECTION TO 6TH AMENDED COMPLAINT FILED BY ASSOCIATION BUILDING SERVICES INC.
|
|
Request |
|
|
|
| 469 |
Filed: 8/19/2020, Entered: None |
Miscellaneous Document Filed |
|
NTC OF ENTRY OF ORDER FOR PLA'S MOTION FOR LEAVE TO FILE 6TH AMENDED COMPLAINT FILED.
|
|
Request |
|
|
|
| 468 |
Filed: 8/19/2020, Entered: None |
Filing Fee Paid by |
|
FILING FEE PAID BY ASSOCIATION BUILDING SERVICES INC FOR COPIES/E&P; 200903-0332-MC FFS/ 0.20 FPC/ 0.55 PAYMT; 200903-0332-MC TSB/ 0.02 FCP/ 0.50 PAYMT; 200903-0332-MC REFERENCE NUMBER 035-0033405419
|
|
Request |
|
|
|
| 467 |
Filed: 7/28/2020, Entered: None |
Legacy Minutes |
|
MOTION RE: RESPONSES TO REQUESTS FOR PRODUCTION DOCUMENTS (6/11/20) FILED BY DEFENDANT A&A REIT, A CALIFORNIA CORPORATION, WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY
|
|
Request |
|
|
|
| 466 |
Filed: 7/21/2020, Entered: None |
Leave of Court Granted for |
|
LEAVE OF COURT GRANTED TO FILE 6TH AMENDED COMPLAINT ON 5TH AMENDED COMPLAINT (UNLIMITED) OF ASSOCIATION BUILDING SERVICES INC FOR 0 DAYS.; LEAVE OF COURT GRANTED ON 5TH AMENDED COMPLAINT (UNLIMITED) OF ASSOCIATION BUILDING SERVICES INC FOR 0 DAYS TO FILE 6TH AMENDED COMPLAINT.
|
|
Request |
|
|
|
| 465 |
Filed: 7/21/2020, Entered: None |
Notice Filed Re: |
|
NOTICE OF TRIAL SETTING CONFERENCE FILED BY ASSOCIATION BUILDING SERVICES INC.
|
|
Request |
|
|
|
| 464 |
Filed: 7/21/2020, Entered: None |
Order Filed Re: |
|
ORDER ON MOTION FILED
|
|
Request |
|
|
|
| 463 |
Filed: 7/15/2020, Entered: None |
Notice of Return of Document(s) |
|
NOTICE OF RETURN OF DOCUMENT(S)
|
|
Request |
|
|
|
| 462 |
Filed: 7/15/2020, Entered: None |
Notice of Ruling Filed |
|
NOTICE OF RULING ON MOTION FOR LEAVE TO FILE SIXTH AMENDED COMPLAINT FILED.
|
|
Request |
|
|
|
| 461 |
Filed: 7/15/2020, Entered: None |
Document is Returned by Court for the Following Reason(s): |
|
PROOF OF SERVICE OF SUMMONS AS TO AKRAM DIAB IS RETURNED BY COURT FOR THE FOLLOWING REASON(S): PROOF OF SERVICE PREVIOUSLY FILED ON 05/26/2020.
|
|
Request |
|
|
|
| 460 |
Filed: 7/8/2020, Entered: None |
Legacy Minutes |
|
MOTION RE: FOR LEAVE TO FILE A SIXTH AMENDED COMPLAINT FILED BY PLAINTIFF ASSOCIATION BUILDING SERVICES INC; JOHN M PACHECO,JUDGE; CLERK: CHRISTINE SPENCER; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT P HERNANDEZ; -; APPEARANCES:; JACOB MOJARRO APPEARS BY COURTCALL FOR ASSOCIATION BUILDING SERVICES INC.; BRIEN O'MEARA APPEARS BY COURTCALL FOR CLH PROJECT 1, LLC, CHAD HILTON, LETICIA HILTON.; RICHARD GOOR APPEARS BY COURTCALL FOR PACIFIC BARUNA CORP,, JOHN MANNO.; KELLY A. BEALL APPEARS BY COURTCALL FOR WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; -; REMOTE HEARING HELD PURSUANT TO JUDICIAL COUNCIL EMERGENCY RULE OF COURT 3(A)(3); -; MOTION; ASSOCIATION BUILDING SERVICES INC'S MOTION FOR LEAVE TO FILE A SIXTH AMENDED COMPLAINT IS HEARD.; COURT GIVES TENTATIVE RULING; SUBMITTED ON COURT'S TENTATIVE RULING WITHOUT ARGUMENT; -; COURT FINDS:; ASSOCIATION BUILDING SERVICES INC'S MOTION FOR LEAVE TO FILE A SIXTH AMENDED COMPLAINT IS GRANTED.; -; RESPONSIVE PLEADINGS TO BE FILED PER CIVIL CODE; -; COUNSEL TO PREPARE ORDER.; -; COUNSEL FOR MOVING PARTY RE MOTION TO COMPEL SET FOR 7/28 STATES THAT MOTION WILL BE VACATED.; -; ACTION - COMPLETE; === MINUTE ORDER END ===
|
|
Request |
|
|
|
| 459 |
Filed: 7/8/2020, Entered: None |
Notice Filed Re: |
|
NOTICE OF TAKING MOTION TO COMPEL OFF CALENDAR FILED BY A&A REIT, A CALIFORNIA CORPORATION, WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY.
|
|
Request |
|
|
|
| 458 |
Filed: 7/8/2020, Entered: None |
Legacy Minutes |
|
HEARING RE: FURTHER TRIAL SETTING CONFERENCE; JOHN M PACHECO,JUDGE; CLERK: CHRISTINE SPENCER; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT P HERNANDEZ; -; APPEARANCES:; JACOB MOJARRO APPEARS BY COURTCALL FOR ASSOCIATION BUILDING SERVICES INC.; BRIEN O'MEARA APPEARS BY COURTCALL FOR CLH PROJECT 1, LLC, CHAD HILTON, LETICIA HILTON.; RICHARD GOOR APPEARS BY COURTCALL FOR PACIFIC BARUNA CORP,, JOHN MANNO.; KELLY A. BEALL APPEARS BY COURTCALL FOR WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; -; HEARINGS:; HEARING RE:FURTHER TSC SET FOR 11/05/20 AT 09:00 IN DEPARTMENT S31.; -; ACTION - COMPLETE; === MINUTE ORDER END ===
|
|
Request |
|
|
|
| 457 |
Filed: 7/8/2020, Entered: None |
Legacy Minutes |
|
ORDER TO SHOW CAUSE RE:WHY MATTER SHOULD NOT REFER TO JUDICIAL REFEREE; JOHN M PACHECO,JUDGE; CLERK: CHRISTINE SPENCER; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT P HERNANDEZ; -; APPEARANCES:; JACOB MOJARRO APPEARS BY COURTCALL FOR ASSOCIATION BUILDING SERVICES INC.; BRIEN O'MEARA APPEARS BY COURTCALL FOR CLH PROJECT 1, LLC, CHAD HILTON, LETICIA HILTON.; RICHARD GOOR APPEARS BY COURTCALL FOR PACIFIC BARUNA CORP,, JOHN MANNO.; KELLY A. BEALL APPEARS BY COURTCALL FOR WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; REMOTE HEARING HELD PURSUANT TO JUDICIAL COUNCIL EMERGENCY RULE OF COURT 3(A)(3); -; MOTION; ACTION CAME ON FOR OSC RE: WHY MATTER SHOULD NOT EREFER TO JUDICIAL REFEREE.; COURT GIVES TENTATIVE RULING ON OSC RE WHY MATTER SHOULD NOT REFER TO JUDICIAL REFEREE.; -; RULING IS RESERVED - CASE IS NOT AT-ISSUE. ; ACTION - COMPLETE; === MINUTE ORDER END ===
|
|
Request |
|
|
|
| 456 |
Filed: 7/8/2020, Entered: None |
Vacate Hearing Scheduled |
|
VACATE L&M HEARING SCHEDULED FOR 07/28/20 AT 10:00 IN DEPARTMENT S31.
|
|
Request |
|
|
|
| 455 |
Filed: 7/6/2020, Entered: None |
Default Entered as to |
|
DEFAULT ENTERED ON 5TH AMENDED COMPLAINT (UNLIMITED) OF ASSOCIATION BUILDING SERVICES INC AS TO MAD FIVE INVESTMENTS, A CALIFORNIA.
|
|
Request |
|
|
|
| 454 |
Filed: 7/6/2020, Entered: None |
Default Entered as to |
|
DEFAULT ENTERED ON 5TH AMENDED COMPLAINT (UNLIMITED) OF ASSOCIATION BUILDING SERVICES INC AS TO AKRAM DIAB.
|
|
Request |
|
|
|
| 453 |
Filed: 7/6/2020, Entered: None |
Request to Enter Default Filed |
|
REQUEST TO ENTER DEFAULT AGAINST MAD FIVE INVESTMENTS, A CALIFORNIA FILED.
|
|
Request |
|
|
|
| 452 |
Filed: 7/6/2020, Entered: None |
Declaration Filed |
|
DECLARATION OF JACOB I MOJARRO IN RESPONSE TO OSC FILED
|
|
Request |
|
|
|
| 451 |
Filed: 7/6/2020, Entered: None |
Request to Enter Default Filed |
|
REQUEST TO ENTER DEFAULT AGAINST AKRAM DIAB FILED.
|
|
Request |
|
|
|
| 450 |
Filed: 6/11/2020, Entered: None |
Motion Filed |
|
MOTION RE: REQUESTS FOR PRODUCTION OF DOCUMENTS SET FOR HEARING ON 07/28/20, FILED BY DEFENDANT WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY (IMAGED)
|
|
Request |
|
|
|
| 449 |
Filed: 6/11/2020, Entered: None |
Filing Fee Paid by |
|
FILING FEE PAID BY A&A REIT, A CALIFORNIA CORPORATION, WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY FOR MOTION REQUESTS FOR PRODUCTION OF DOCUMENTS; 200615-0312-CK MMF/ 60.00 CRU/ 30.00 PAYMT; 200615-0312-CK REFERENCE NUMBER CK-154305
|
|
Request |
|
|
|
| 448 |
Filed: 6/1/2020, Entered: None |
Legacy Minutes |
|
MOTION RE: FOR LEAVE TO FILE A SIXTH AMENDED COMPLAINT FILED BY PLAINTIFF ASSOCIATION BUILDING SERVICES INC
|
|
Request |
|
|
|
| 447 |
Filed: 6/1/2020, Entered: None |
Legacy Minutes |
|
ORDER TO SHOW CAUSE RE:WHY MATTER SHOULD NOT REFER TO JUDICIAL REFEREE
|
|
Request |
|
|
|
| 446 |
Filed: 6/1/2020, Entered: None |
Legacy Minutes |
|
HEARING RE: FURTHER TRIAL SETTING CONFERENCE
|
|
Request |
|
|
|
| 445 |
Filed: 5/26/2020, Entered: None |
Proof of Service of Summons and Comp/Pet Filed |
|
PROOF OF SERVICE OF SUMMONS AND COMP/PET ON AKRAM DIAB; DEFENDANT/RESPONDENT SERVED ON 03/28/20 WITH COSTS OF $75.00 FILED.
|
|
Request |
|
|
|
| 444 |
Filed: 5/21/2020, Entered: None |
Notice Filed Re: |
|
NOTICE OF NON-APPEARANCE DUE TO INABILITY TO SCH COURT CA FILED BY ASSOCIATION BUILDING SERVICES INC.
|
|
Request |
|
|
|
| 443 |
Filed: 5/21/2020, Entered: None |
Reply Filed |
|
REPLY TO OPPOSITION TO MOTION RE:LEAVE TO FILE A SIXTH AMENDED COMPLAINT SET FOR HEARING ON 07/08/20 FILED BY ASSOCIATION BUILDING SERVICES INC. (IMAGED)
|
|
Request |
|
|
|
| 442 |
Filed: 5/21/2020, Entered: None |
Filing Fee Paid by |
|
FILING FEE PAID BY ASSOCIATION BUILDING SERVICES INC FOR FAX FEE; 200521-0015-MC FAX/ 3.00 PAYMT; 200521-0015-MC REFERENCE NUMBER 035-0017869988
|
|
Request |
|
|
|
| 441 |
Filed: 5/20/2020, Entered: None |
Proof of Service of Summons and Comp/Pet Filed |
|
PROOF OF SERVICE OF SUMMONS AND COMP/PET ON MAD FIVE INVESTMENTS, A CALIFORNIA; DEFENDANT/RESPONDENT SERVED ON 03/23/20 WITH COSTS OF $0.00 FILED.
|
|
Request |
|
|
|
| 440 |
Filed: 5/20/2020, Entered: None |
Proof Of Service Filed. |
|
PROOF OF SERVICE OF PLA REPLY TO REITS OPPOSITION TO PLA MOT BY MAIL ON 03/26/20 AS TO SEE SERVICE LIST, FILED.
|
|
Request |
|
|
|
| 439 |
Filed: 5/20/2020, Entered: None |
Filing Fee Paid by |
|
FILING FEE PAID BY ASSOCIATION BUILDING SERVICES INC FOR FAX FEES; 200520-0144-MC FAX/ 5.00 PAYMT; 200520-0144-MC REFERENCE NUMBER 035-0017689444
|
|
Request |
|
|
|
| 438 |
Filed: 5/18/2020, Entered: None |
On Court's Motion, Hearing Previously Set is Ordered Reset |
|
ON COURT'S MOTION, THE MOTION, OSC AND FURTHER TSC HEARING PRESENTLY SET IN THIS CASE, IS ORDERED RESET FOR 07/08/20 AT 08:30 IN DEPARTMENT S31. NOTICE SENT TO ALL COUNSEL OF RECORD.
|
|
Request |
|
|
|
| 437 |
Filed: 5/18/2020, Entered: None |
Vacate Hearing Scheduled |
|
VACATE HRG HEARING SCHEDULED FOR 06/01/20 AT 08:30 IN DEPARTMENT S31.
|
|
Request |
|
|
|
| 436 |
Filed: 5/18/2020, Entered: None |
On the Courts own Motion, the Court Continues This Matter re |
|
ON THE COURTS OWN MOTION, THE COURT CONTINUES THIS MATTER PURS. TO GEN. ORDER OF TRHE PRESIDING JUDGE IN RE: IMPLEMENTATIN OF EMERGENCY RELIEF AUTHORIZED PURS. GC6815 BY CHAIR OF JUDICIAL COUNCIL.
|
|
Request |
|
|
|
| 435 |
Filed: 5/18/2020, Entered: None |
Vacate Hearing Scheduled |
|
VACATE OSCX HEARING SCHEDULED FOR 06/01/20 AT 08:30 IN DEPARTMENT S31.
|
|
Request |
|
|
|
| 434 |
Filed: 5/18/2020, Entered: None |
Vacate Hearing Scheduled |
|
VACATE L&M HEARING SCHEDULED FOR 06/01/20 AT 08:30 IN DEPARTMENT S31.
|
|
Request |
|
|
|
| 433 |
Filed: 5/18/2020, Entered: None |
Notice Imaged |
|
NOTICE IMAGED
|
|
Request |
|
|
|
| 432 |
Filed: 4/2/2020, Entered: None |
Legacy Minutes |
|
HEARING RE: FURTHER TRIAL SETTING CONFERENCE; LYNN PONCIN,JUDGE; CLERK: KIM ALLAIN; NOT REPORTED; -; APPEARANCES:; NO APPEARANCE.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; DUE TO COURTS CLOSURE:; ON THE COURTS OWN MOTION, THE COURT CONTINUES THIS MATTER RE GENERAL ORDER: IMPLEMENTATION OF EMERGENCY RELIEF AUTHORIZED PURSUANT TO GC 68115 BY CHAIR OF THE JUDICIAL COUNCIL ON MARCH 17, 2020.; -; HEARINGS:; CURRENT HEARING CONTINUED TO 06/01/20 AT 08:30 IN DEPARTMENT S31.; NOTICE GIVEN BY JUDICIAL ASSISTANT; CORRESPONDENCE COVERSHEET GENERATED TO MAIL COPY OF MINUTE ORDER TO COUNSEL OF RECORD.; ACTION - COMPLETE; === MINUTE ORDER END ===
|
|
Request |
|
|
|
| 431 |
Filed: 4/2/2020, Entered: None |
Legacy Minutes |
|
ORDER TO SHOW CAUSE RE:WHY MATTER SHOULD NOT REFER TO JUDICIAL REFEREE; LYNN PONCIN,JUDGE; CLERK: KIM ALLAIN; NOT REPORTED; -; APPEARANCES:; NO APPEARANCE.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; DUE TO COURTS CLOSURE:; ON THE COURTS OWN MOTION, THE COURT CONTINUES THIS MATTER RE GENERAL ORDER: IMPLEMENTATION OF EMERGENCY RELIEF AUTHORIZED PURSUANT TO GC 68115 BY CHAIR OF THE JUDICIAL COUNCIL ON MARCH 17, 2020.; -; HEARINGS:; CURRENT HEARING CONTINUED TO 06/01/20 AT 08:30 IN DEPARTMENT S31.; COPY OF MINUTE ORDER MAILED TO COUNSEL:; NOTICE GIVEN BY JUDICIAL ASSISTANT; ACTION - COMPLETE; === MINUTE ORDER END ===
|
|
Request |
|
|
|
| 430 |
Filed: 4/2/2020, Entered: None |
Legacy Minutes |
|
MOTION RE: FOR LEAVE TO FILE A SIXTH AMENDED COMPLAINT FILED BY PLAINTIFF ASSOCIATION BUILDING SERVICES INC; LYNN PONCIN,JUDGE; CLERK: KIM ALLAIN; NOT REPORTED; -; APPEARANCES:; NO APPEARANCE.; -; MOTION; PREDISPOSITION HEARING HELD ; DUE TO COURTS CLOSURE:; ON THE COURTS OWN MOTION, THE COURT CONTINUES THIS MATTER RE GENERAL ORDER: IMPLEMENTATION OF EMERGENCY RELIEF AUTHORIZED PURSUANT TO GC 68115 BY CHAIR OF THE JUDICIAL COUNCIL ON MARCH 17, 2020.; -; APPEARANCES:; CURRENT HEARING CONTINUED TO 06/01/20 AT 08:30 IN DEPARTMENT S31.; NOTICE GIVEN BY JUDICIAL ASSISTANT; COPY OF (3) MINUTE ORDERS MAILED TO COUNSEL; ACTION - COMPLETE; === MINUTE ORDER END ===
|
|
Request |
|
|
|
| 429 |
Filed: 3/12/2020, Entered: None |
Opposition to Motion Filed |
|
OPPOSITION TO MOTION RE: FOR LEAVE TO FILE SIXTH AMENDED COMPLAINT SET FOR HEARING ON 04/02/20, FILED BY DEFENDANT WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY (IMAGED)
|
|
Request |
|
|
|
| 428 |
Filed: 3/10/2020, Entered: None |
Filing Fee Paid by |
|
FILING FEE PAID BY ASSOCIATION BUILDING SERVICES INC FOR CERTIFIED COPIES; 200310-0202-CK MJX/ 80.00 FCP/ 5.00 PAYMT; 200310-0202-CK REFERENCE NUMBER 152472
|
|
Request |
|
|
|
| 427 |
Filed: 3/10/2020, Entered: None |
Proof Of Service Filed. |
|
PROOF OF SERVICE OF PLA MOT FOR LEAVE TO FILE A 6TH AMENDED COMPLAINT BY MAIL ON 03/06/20 AS TO SEE SERVICE LIST, FILED.
|
|
Request |
|
|
|
| 426 |
Filed: 3/10/2020, Entered: None |
Filing Fee Paid by |
|
FILING FEE PAID BY ASSOCIATION BUILDING SERVICES,INC. FOR FAX FEES; 200311-0341-MC FAX/ 3.00 PAYMT; 200311-0341-MC REFERENCE NUMBER 035-0008509475
|
|
Request |
|
|
|
| 425 |
Filed: 3/9/2020, Entered: None |
Fee Payment |
|
FEE PAYMENT; 200309-0883-CK MJX/ 40.00 FCS/ 2.50 PAYMT; 200309-0883-CK REFERENCE NUMBER 152463
|
|
Request |
|
|
|
| 424 |
Filed: 3/6/2020, Entered: None |
Vacate Hearing Scheduled |
|
VACATE OSCX HEARING SCHEDULED FOR 03/06/20 AT 08:30 IN DEPARTMENT S31.
|
|
Request |
|
|
|
| 423 |
Filed: 3/6/2020, Entered: None |
Legacy Minutes |
|
ORDER TO SHOW CAUSE RE:WHY MATTER SHOULD NOT REFERRED TO JUDICIAL REFEREE
|
|
Request |
|
|
|
| 422 |
Filed: 3/6/2020, Entered: None |
Comment |
|
VOL 10 SENT TO CAL PREP FOR 04/02 HEARING
|
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Request |
|
|
|
| 421 |
Filed: 3/6/2020, Entered: None |
Miscellaneous Document Filed |
|
[EXHIBITS A FOR PLA;S MOTION DOE LEAVE TO FILE SIXTH AMENDED FILED.
|
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Request |
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| 420 |
Filed: 3/6/2020, Entered: None |
Motion Filed |
|
MOTION RE: FOR LEAVE TO FILE A SIXTH AMENDED COMPLAINT SET FOR HEARING ON 04/02/20, FILED BY PLAINTIFF ASSOCIATION BUILDING SERVICES INC (IMAGED)
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Request |
|
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| 419 |
Filed: 3/6/2020, Entered: None |
Volume Begins on this Date |
|
vol 11
|
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Request |
|
|
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| 418 |
Filed: 3/6/2020, Entered: None |
Legacy Minutes |
|
HEARING RE: FURTHER TRIAL SETTING CONFERENCE; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT P HERNANDEZ; -; APPEARANCES:; ATTORNEY JACOB MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY BRIEN J O'MEARA APPEARS BY COURTCALL FOR CLH PROJECT 1, LLC, CHAD HILTON, LETICIA HILTON, SURETEC INSURANCE COMPANY.; ATTORNEY KELLY A BEALL PRESENT FOR WFG NATIONAL TITLE CO.; ATTORNEY RICHARD L GOOR APPEARS BY COURTCALL FOR PACIFIC BARUNA CORP,, JOHN MANNO.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; ACTION CAME ON FOR HEARING RE: FURTHER TRIAL SETTING CONFERENCE.; COURT TRAILS TODAY'S MATTER AS CASE IS NOT AT ISSUE. TODAY'S HEARING AND THE OSC RE: WHY; MATTER SHOULD NOT BE JUDICIALLY REFERENCED ARE CONTINUED AS FOLLOWS:; -; HEARINGS:; CURRENT HEARING CONTINUED TO 04/02/20 AT 08:30 IN DEPARTMENT S31.; ORDER TO SHOW CAUSE RE : WHY MATTER SHOULD NOT REFER TO JUDICIAL REFEREE SET FOR 04/02/20 AT 08:30 IN DEPARTMENT S31.; NOTICE WAIVED.; ACTION - COMPLETE; === MINUTE ORDER END ===
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|
Request |
|
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| 417 |
Filed: 3/6/2020, Entered: None |
Miscellaneous Document Filed |
|
SEPERATE DECLARATION MOJARRO ISO PLA'S MOTION FOR LEAVE FILED.
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Request |
|
|
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| 416 |
Filed: 3/6/2020, Entered: None |
Filing Fee Paid by |
|
FILING FEE PAID BY ASSOCIATION BUILDING SERVICES INC FOR MOTION FEE; 200306-0934-VS MMF/ 60.00 CRU/ 30.00 PAYMT
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Request |
|
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| 415 |
Filed: 3/5/2020, Entered: None |
Declaration Filed |
|
DECLARATION OF JACOB I. MOJARRO RE:WHY MATTER SHOULD NOT BE REFER FILED
|
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Request |
|
|
|
| 414 |
Filed: 3/2/2020, Entered: None |
Legacy Minutes |
|
HEARING RE: FURTHER TRIAL SETTING CONFERENCE
|
|
Request |
|
|
|
| 413 |
Filed: 3/2/2020, Entered: None |
Legacy Minutes |
|
ORDER TO SHOW CAUSE RE:WHY MATTER SHOULD NOT REFERRED TO JUDICIAL REFEREE
|
|
Request |
|
|
|
| 412 |
Filed: 2/27/2020, Entered: None |
Order Filed Re: |
|
ORDER ON A&A REIT'S MOTION FOR ORDER EXPUNGING LIS PENDENS AND AWARD OF ATTORNEY FEES FILED
|
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Request |
|
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| 411 |
Filed: 2/26/2020, Entered: None |
Notice Filed Re: |
|
NOTICE OF FILING OF UNDERTAKING FILED BY WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY.
|
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Request |
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| 410 |
Filed: 2/24/2020, Entered: None |
Notice Filed Re: |
|
NOTICE OF CONTINUANCE FOR OSC FILED BY ASSOCIATION BUILDING SERVICES INC.
|
|
Request |
|
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|
| 409 |
Filed: 2/24/2020, Entered: None |
Notice of Entry of Dismissal and Proof of Service Filed |
|
NOTICE OF ENTRY OF DISMISSAL AND PROOF OF SERVICE FILED.
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Request |
|
|
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| 408 |
Filed: 2/20/2020, Entered: None |
Legacy Minutes |
|
EX-PARTE MOTION RE: DISMISSAL OF 7TH CAUSE OF ACTION WITH PREJUDICE; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT C SHELBY; -; APPEARANCES:; NO APPEARANCE.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; EX-PARTE HEARING IS HELD.; COURT IS INFORMED ABIOLA FROM WOLFE & WYMAN CONTACTED THE DEPARTMENT VIA TELECOM TO REQUEST; MATTER BE TAKEN OFF CALENDAR. ; OFF-CALENDAR. REASON: AT REQUEST OF MOVING PARTY.; ACTION - COMPLETE; === MINUTE ORDER END ===
|
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Request |
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| 407 |
Filed: 2/19/2020, Entered: None |
Filing Fee Paid by |
|
FILING FEE PAID BY WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY FOR EX PARTE MOTION; 200219-0023-CK MMF/ 60.00 CRU/ 30.00 PAYMT; 200219-0023-CK REFERENCE NUMBER 151083
|
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Request |
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| 406 |
Filed: 2/19/2020, Entered: None |
Ex Parte Filed Re: |
|
EX PARTE RE: DISMISSAL OF 7TH CAUSE OF ACTION WITH PREJUDICE FILED BY WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY
|
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Request |
|
|
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| 405 |
Filed: 2/19/2020, Entered: None |
Dismissal Filed as to Cause of Action |
|
REQUEST FOR DISMISAL FILED AS TO CAUSE OF ACTION ONLY AS TO ASSOCIATION BUILDING SERVICES INC, CAUSE EIGHT(NEGLIGENCE), WITH PREJUDICE.
|
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Request |
|
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| 404 |
Filed: 2/14/2020, Entered: None |
Opposition to Motion Filed |
|
OPPOSITION TO MOTION RE: APPOINTMENT OF A DISCOVERY REFEREE SET FOR HEARING ON 03/06/20, FILED BY DEFENDANT WFG NATIONAL TITLECOMPANY OF CALIFORNIA (IMAGED)
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Request |
|
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| 403 |
Filed: 2/13/2020, Entered: None |
On Court's Motion, Hearing Previously Set is Ordered Reset |
|
ON COURT'S MOTION, THE FURTHER TSC SET 03/02/20 HEARING PRESENTLY SET IN THIS CASE, IS ORDERED RESET FOR 03/06/20 AT 08:30 IN DEPARTMENT S31. NOTICE SENT TO ALL COUNSEL OF RECORD.
|
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Request |
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|
|
| 402 |
Filed: 2/13/2020, Entered: None |
Notice Imaged |
|
NOTICE IMAGED
|
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Request |
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|
| 401 |
Filed: 2/13/2020, Entered: None |
Vacate Hearing Scheduled |
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VACATE OSCX HEARING SCHEDULED FOR 03/02/20 AT 08:30 IN DEPARTMENT S31.
|
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Request |
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| 400 |
Filed: 2/13/2020, Entered: None |
Notice Imaged |
|
NOTICE IMAGED
|
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Request |
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| 399 |
Filed: 2/13/2020, Entered: None |
Vacate Hearing Scheduled |
|
VACATE HRG HEARING SCHEDULED FOR 03/02/20 AT 08:30 IN DEPARTMENT S31.
|
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Request |
|
|
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| 398 |
Filed: 2/13/2020, Entered: None |
On Court's Motion, Hearing Previously Set is Ordered Reset |
|
ON COURT'S MOTION, THE OSC SET 03/02/20 HEARING PRESENTLY SET IN THIS CASE, IS ORDERED RESET FOR 03/06/20 AT 08:30 IN DEPARTMENT S31. NOTICE SENT TO ALL COUNSEL OF RECORD.
|
|
Request |
|
|
|
| Save 25% on a pre-paid one year subscription. |
|
|
| 397 |
Filed: 2/7/2020, Entered: None |
Notice of Ruling Filed |
|
NOTICE OF RULING ON MOTION FOR ORDER EXPUNGING LIS PENDENS FILED.
|
|
Request |
|
|
|
| 396 |
Filed: 2/5/2020, Entered: None |
Comment |
|
VOL 10 SENT TO CAL PREP FOR 03/02 HEARING
|
|
Request |
|
|
|
| 395 |
Filed: 2/5/2020, Entered: None |
Legacy Minutes |
|
MOTION RE: ORDER EXPUNGING LIS PENDENS (122319). FILED BY DEFENDANT A&A REIT, A CALIFORNIA CORPORATION; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT R HERNANDEZ; -; APPEARANCES:; ATTORNEY JACOB MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY BRIEN J O'MEARA APPEARS BY COURTCALL FOR CLH PROJECT 1, LLC, CHAD HILTON, LETICIA HILTON, SURETEC INSURANCE COMPANY.; ATTORNEY KELLY ANDREW BEALL PRESENT FOR WFG NATIONAL TITLE DEFENDANTS.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; -; MOTION; A&A REIT, A CALIFORNIA CORPORATION, WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY'S MOTION RE: ORDER EXPUNGING LIS PENDENS IS HEARD.; COUNSEL APPEARING FOR TODAY'S HEARING ARE PROVIDED WITH THE COURT'S TENTATIVE DECISION.; ARGUED BY COUNSEL AND SUBMITTED.; AFTER TESTIMONY AND DUE CONSIDERATION BY THE COURT :; -; COURT FINDS:; COURT'S TENTATIVE DECISION IS MODIFIED AND COURT FRULES AS FOLLOWS:; -; COURT WILL: 1. GRANT ALL REQUESTS FOR JUDICIAL NOTICE;; -; 2. FIND THE COURT PERMITTED THE FILING OF THE LIS; PENDENS PURSUANT TO ITS JULY 12, 2019 ORDER; AND ; -; 3. EXPUNGE THE LIS PENDENS ON THE CONDITION A&A; FILING AN UNDERTAKING IN THE AMOUNT OF $250,000.00; AND; -; 4. DENY ALL REQUESTS FOR ATTORNEYS FEES.; COURT SETS THE FOLLOWING HEARING:; -; HEARINGS:; HEARING RE:FURTHER TRIAL SETTING CONFERENCE SET FOR 03/02/20 AT 08:30 IN DEPARTMENT S31.; COUNSEL FOR PLAINTIFF TO GIVE NOTICE.; ACTION - COMPLETE; === MINUTE ORDER END ===
|
|
Request |
|
|
|
| 394 |
Filed: 2/5/2020, Entered: None |
Notice of Ruling Filed |
|
NOTICE OF RULING ON MOTION FOR ORDER EXPUNGING LIS PENDENS FILED.
|
|
Request |
|
|
|
| 393 |
Filed: 2/5/2020, Entered: None |
Answer filed |
|
ANSWER FILED BY A&A REIT, A CALIFORNIA CORPORATION; PARTY REPRESENTED BY WOLFE & WYMAN LLP.
|
|
Request |
|
|
|
| 392 |
Filed: 2/5/2020, Entered: None |
Answer filed |
|
ANSWER FILED BY WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY; PARTY REPRESENTED BY WOLFE & WYMAN LLP.
|
|
Request |
|
|
|
| 391 |
Filed: 1/30/2020, Entered: None |
Comment |
|
VOL 9 SENT FOR FILE BACK
|
|
Request |
|
|
|
| 390 |
Filed: 1/30/2020, Entered: None |
Miscellaneous Document Filed |
|
A&A REIT'S REQUEST FOR JUDICIAL NOTICE IN SPPT OF OPPO TO MOTION EXPUNGE LIS PENDENS FILED.
|
|
Request |
|
|
|
| 389 |
Filed: 1/30/2020, Entered: None |
Reply Filed |
|
REPLY TO OPPOSITION TO MOTION RE:EXPUNGE LIS PENDENS SET FOR HEARING ON 02/05/20 FILED BY A&A REIT, A CALIFORNIA CORPORATION. (IMAGED)
|
|
Request |
|
|
|
| 388 |
Filed: 1/23/2020, Entered: None |
Declaration Filed |
|
DECLARATION OF JACOB L MOJARRO ISO PLA'S OPPOSITION TO MTN FILED
|
|
Request |
|
|
|
| 387 |
Filed: 1/23/2020, Entered: None |
Proof Of Service Filed. |
|
PROOF OF SERVICE OF SEE POS BY OVERNIGHT DELIVERY ON 01/23/20 AS TO SEE SERVICE LIST, FILED.
|
|
Request |
|
|
|
| 386 |
Filed: 1/23/2020, Entered: None |
Opposition to Motion Filed |
|
OPPOSITION TO MOTION RE: ORDER EXPUNGING LIS PENDENS AND AWARD ATTY FEES SET FOR HEARING ON 02/05/20, FILED BY PLAINTIFF ASSOCIATION BUILDING SERVICES INC (IMAGED)
|
|
Request |
|
|
|
| 385 |
Filed: 1/23/2020, Entered: None |
Request for Judicial Notice Filed |
|
REQUEST FOR JUDICIAL NOTICE FILED.
|
|
Request |
|
|
|
| 384 |
Filed: 1/10/2020, Entered: None |
Legacy Minutes |
|
RULING ON SUBMITTED MATTER; JOHN M PACHECO,JUDGE; CLERK: ASHLEY MULCAHY; -; COURT RULES AS FOLLOWS ON SUBMITTED MATTER:; 1. OVERRULE THE DEMURRER TO THE 6TH CAUSE OF ACTION FOR FRAUDULENT TRANSFER. A) CIVIL CODE; SECTION 3439.04 OUTLINES TWO DIFFERENT GROUNDS FOR LIABILITY. CIVIL CODE SECTION 3439.08,; SUBDIVISION (F) INDICATES THE DEFENDANT BEARS THE BURDEN OF DEMONSTRATING THAT THE TRANSFER IS; NOT VOIDABLE UNDER SECTION 3439.04, SUBDIVISION (A)(1), BECAUSE THE DEBTOR DID NOT RECEIVE THR; "REASONABLY EQUIVALENT VALUE" (SEE ALSO CACI 4207 [OUTLINING, AS AN AFFIRMATIVE DEFENSE, THE; ASSERTION THAT THE TRANSFEREE TOOK IN GOOD FAITH FOR REASONABLE CONSIDERATION].) THUS, SUCH FACTS; NEED NOT PLEAD IN THE COMPLAINT. ; -; B) THE ALLEGATIONS ARE NOT CONCLUSORY AND THE CLAIM IS NOT BARRED BY THE LEIN RELEASE BOND; SINCE THE BOND SERVES AS A SUBSTITUTE FOR THE CLAIM FOR GOODS AND SERVICES RENDERED, BUT THE; FRADULENT TRANSFER CLAIM COULD RELATE TO THE DAMAGES ARISING FROM THE FRAUD.; -; 2) OVERRULE THE DEMURRER TO THE 7TH CAUSE OF ACTION FOR CONSPIRACY BASED ON THE LIMITED; NATURE OF THE ARGUMENTS ADVANCED. A) THE CLAIM ESSENTIALLY SERVES AS A SEPARATE COUNT OR BASIS; FOR LIABILITY AND THE CLAIM IS NOT CONCLUSORY, BUT STATES THE ULTIMATE FACTS.; 3) SUSTAIN THE DEMURRER TO THE 8TH CAUSE OF ACTION FOR NEGLIGENCE. A) THERE ARE NO FACTS; DEMONSTRATING HOW WFG BREACHED ITS DUTY OR HOW DAMAGES AROSE FROM ITS ISSUANCE OF A TITLE; INSURANCE POLICY. SIMILARLY, WFG DID NOT OWE A DUTY OF CARE AS THE ESCROW HOLDER TO ABS SINCE; IT WAS A THIRD PARTY TO THE TRANSACTION. (SEE ANALOGOUS HOLDING IN SUMMITT FINANCIAL HOLDINGS,; LTD V. CONTINENTAL LAWYERS TITLE CO. (2002) 27 CAL.4TH 705.) WFG'S PARTICIPATION IN THE; FRADULENT TRANSFER WOULD GIVE RISE TO LIABILTY UNDER THE UVTA, BUT NOT A CLAIM FOR NEGLIENCE.; LEAVE TO AMEND SHAL BE GRANTED TO ALLOW ABS TO PLED ADDITIONAL FACTS TO SHOW A DUTY OF CARE WAS; OWED 4) DEFENDANTS SHALL HAVE TWENTY DAYS TO FILE THEIR ANSWER.; NOTICE GIVEN BY JUDICIAL ASSISTANT; CORRESPONDENCE COVERSHEET GENERATED TO MAIL RULING ON SUBMITTED MATTER TO COUNSEL OF RECORD.; ACTION - COMPLETE; === MINUTE ORDER END ===
|
|
Request |
|
|
|
| 383 |
Filed: 1/7/2020, Entered: None |
Legacy Minutes |
|
MOTION RE: DEMURRER TO PLA'S FIFTH AMENDED COMPLAINT (112119) FILED BY DEFENDANT A&A REIT, A CALIFORNIA CORPORATION, WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT KELLY HERNANDEZ; -; APPEARANCES:; ATTORNEY JACOB I MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY BRIEN J O'MEARA APPEARS BY COURTCALL FOR CLH PROJECT 1, LLC, CHAD HILTON, LETICIA HILTON, SURETEC INSURANCE COMPANY.; ATTORNEY KELLY ANDREW BEALL PRESENT FOR WFG NATIONAL TITLE CO AND WFG NATIONAL TITLE INS.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; -; MOTION; A&A REIT, A CALIFORNIA CORPORATION, WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY'S MOTION EMURRER TO PLA'S FIFTH AMENDED COMPLAINT IS HEARD.; COUNSEL APPEARING FOR TODAY'S HEARING ARE PROVIDED WITH THE COURT'S WRITTEN TENTATIVE; DECISION. ; ARGUED BY COUNSEL AND SUBMITTED.; MATTER TAKEN UNDER SUBMISSION.; -; HEARINGS:; HEARING DATE OF 02/05/20 CONFIRMED.; ACTION - COMPLETE; === MINUTE ORDER END ===
|
|
Request |
|
|
|
| 382 |
Filed: 12/31/2019, Entered: None |
Reply Filed |
|
REPLY TO OPPOSITION TO MOTION RE:DEMURRER TO 5TH AMENDED COMPLAINT SET FOR HEARING ON 01/07/20 FILED BY WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY. (IMAGED)
|
|
Request |
|
|
|
| 381 |
Filed: 12/31/2019, Entered: None |
Reply Filed |
|
REPLY TO OPPOSITION TO MOTION RE:DEMURRER SET FOR HEARING ON 01/07/20 FILED BY A&A REIT, A CALIFORNIA CORPORATION. (IMAGED)
|
|
Request |
|
|
|
| 380 |
Filed: 12/24/2019, Entered: None |
Opposition to Motion Filed |
|
OPPOSITION TO MOTION RE: (WFG'S) DEMURRER TO 5TH AMENDED COMPLAINT SET FOR HEARING ON 01/07/20, FILED BY PLAINTIFF ASSOCIATION BUILDING SERVICES INC (IMAGED)
|
|
Request |
|
|
|
| 379 |
Filed: 12/23/2019, Entered: None |
Declaration Filed |
|
DECLARATION OF AKRAM DIAB ISO MTN FOR ORDER EXPUNGING LIS PENDENS FILED
|
|
Request |
|
|
|
| 378 |
Filed: 12/23/2019, Entered: None |
Filing Fee Paid by |
|
FILING FEE PAID BY A&A REIT, A CALIFORNIA CORPORATION FOR MOTION/COURT REPORTER; 191223-0055-CK MMF/ 60.00 CRU/ 30.00 PAYMT; 191223-0055-CK REFERENCE NUMBER 149089
|
|
Request |
|
|
|
| 377 |
Filed: 12/23/2019, Entered: None |
Opposition to Motion Filed |
|
OPPOSITION TO MOTION RE: DEMURRER TO FIFTH AMENDED COMPLAINT SET FOR HEARING ON 01/07/20, FILED BY PLAINTIFF ASSOCIATION BUILDING SERVICES INC (IMAGED)
|
|
Request |
|
|
|
| 376 |
Filed: 12/23/2019, Entered: None |
Motion Filed |
|
MOTION RE: ORDER EXPUNGING LIS PENDENS SET FOR HEARING ON 02/05/20, FILED BY DEFENDANT A&A REIT, A CALIFORNIA CORPORATION (IMAGED)
|
|
Request |
|
|
|
| 375 |
Filed: 12/23/2019, Entered: None |
Request for Judicial Notice Filed |
|
REQUEST FOR JUDICIAL NOTICE FILED.
|
|
Request |
|
|
|
| 374 |
Filed: 12/5/2019, Entered: None |
Answer filed |
|
ANSWER FILED BY CLH PROJECT 1, LLC, CHAD HILTON, LETICIA HILTON; PARTY REPRESENTED BY LA JOLLA LAW GROUP.
|
|
Request |
|
|
|
| 373 |
Filed: 12/5/2019, Entered: None |
Notice of Return of Document(s) |
|
NOTICE OF RETURN OF DOCUMENT(S)
|
|
Request |
|
|
|
| 372 |
Filed: 12/5/2019, Entered: None |
Document is Returned by Court for the Following Reason(s): |
|
ANSWER IS RETURNED BY COURT FOR THE FOLLOWING REASON(S): DUPLICATE FILING.
|
|
Request |
|
|
|
| 371 |
Filed: 12/3/2019, Entered: None |
Comment |
|
VOL 9 SENT FOR FILE BACK
|
|
Request |
|
|
|
| 370 |
Filed: 12/3/2019, Entered: None |
Legacy Minutes |
|
ORDER TO SHOW CAUSE RE:WHY MATTER SHOULD NOT REFERRED TO JUDICIAL REFEREE; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT C SHELBY; -; APPEARANCES:; ATTORNEY JAOB MOJARRO APPEARS BY COURTCALL FOR ASSOCIATION BUILDING SERVICES INC.; ATTORNEY BRIEN J O'MEARA APPEARS BY COURTCALL FOR CLH PROJECT 1, LLC, SURETEC INSURANCE COMPANY.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; 08:50; ACTION CAME ON FOR OSC WHY MATTER SHOUD NOT BE JUDICIALLY REFERENCED.; MATTER PLACED ON SECOND CALL TO ALLOW PLAINTIFF TO JOIN VIA COURTCALL.; -; 08:53; MATTER IS RECALLED.; COURT INQUIRES OF THE PARTIES.; ORAL ARGUMENT PRESENTED BY BOTH SIDES .; -; COUNSEL ARE INFORMED COURT IS INCLINED TO REFER MATTER TO JUDICIAL REFEREE. COURT NOTES MATTER; IS NOT AT ISSUE AND HEREBY CONTINUES TODAY'S HEARING AS FOLLOWS:; -; COURT ORDERS DEFAULTS OF DEFENDANTS CHAD HILTON AND LETICIA HILTON SET ASIDE. PARTY DISPOSITION; SHOULD HAVE BEEN RESET WITH THE FILING OF THE FIFTH AMENDED COMPLAINT ON 10/29/19.; -; HEARINGS:; CURRENT HEARING CONTINUED TO 03/02/20 AT 08:30 IN DEPARTMENT S31.; HEARING DATE OF 01/07/20 CONFIRMED.; NOTICE WAIVED.; ACTION - COMPLETE; === MINUTE ORDER END ===
|
|
Request |
|
|
|
| 369 |
Filed: 12/3/2019, Entered: None |
Set Aside Disposition of Defendant |
|
SET ASIDE DISPOSITION OF DEFENDANT LETICIA HILTON.
|
|
Request |
|
|
|
| 368 |
Filed: 12/3/2019, Entered: None |
Set Aside Default of |
|
SET ASIDE DEFAULT ON THE LETICIA HILTON.
|
|
Request |
|
|
|
| 367 |
Filed: 12/3/2019, Entered: None |
Set Aside Default of |
|
SET ASIDE DEFAULT ON THE CHAD HILTON.
|
|
Request |
|
|
|
| 366 |
Filed: 12/3/2019, Entered: None |
Set Aside Disposition of Defendant |
|
SET ASIDE DISPOSITION OF DEFENDANT CHAD HILTON.
|
|
Request |
|
|
|
| 365 |
Filed: 12/3/2019, Entered: None |
Volume Begins on this Date |
|
VOLUME #10 BEGINS ON THIS DATE.
|
|
Request |
|
|
|
| 364 |
Filed: 12/2/2019, Entered: None |
Notice of Return of Document(s) |
|
NOTICE OF RETURN OF DOCUMENT(S)
|
|
Request |
|
|
|
| 363 |
Filed: 12/2/2019, Entered: None |
Document is Returned by Court for the Following Reason(s): |
|
ANSWER IS RETURNED BY COURT FOR THE FOLLOWING REASON(S): DEFENDANTS CHAD & LETICIA HILTON HAVE BEEN DEFAULTED.
|
|
Request |
|
|
|
| 362 |
Filed: 12/2/2019, Entered: None |
Party Added |
|
ON THE 5TH AMENDED COMPLAINT (UNLIMITED) OF ASSOCIATION BUILDING SERVICES INC, SURETEC INSURANCE COMPANY IS ADDED AS A DEFENDANT.
|
|
Request |
|
|
|
| 361 |
Filed: 12/2/2019, Entered: None |
Answer filed |
|
ANSWER FILED BY SURETEC INSURANCE COMPANY; PARTY REPRESENTED BY LA JOLLA LAW GROUP.
|
|
Request |
|
|
|
| 360 |
Filed: 12/2/2019, Entered: None |
Party Removed |
|
ON 5TH AMENDED COMPLAINT (UNLIMITED) OF ASSOCIATION BUILDING SERVICES INC, SURETECH INSURANCECOMPANY, A TEXAS REMOVED AS A PARTY.
|
|
Request |
|
|
|
| 359 |
Filed: 12/2/2019, Entered: None |
Filing Fee Paid by |
|
FILING FEE PAID BY SURETEC INSURANCE COMPANY FOR 1ST APP; 191202-0541-CK CVT/ 435.00 PAYMT; 191202-0541-CK REFERENCE NUMBER D3699566
|
|
Request |
|
|
|
| 358 |
Filed: 12/2/2019, Entered: None |
Defendant First Paper Fee Paid in Full |
|
DEFENDANT SURETEC INSURANCE COMPANY FIRST PAPER FEE PAID IN FULL
|
|
Request |
|
|
|
| 357 |
Filed: 11/21/2019, Entered: None |
Demurrer Filed |
|
DEMURRER FILED BY WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY; REPRESENTED BY WOLFE & WYMAN LLP(IMAGED)
|
|
Request |
|
|
|
| 356 |
Filed: 11/21/2019, Entered: None |
Filing Fee Paid by |
|
FILING FEE PAID BY A&A REIT, A CALIFORNIA CORPORATION, WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY FOR DEMURRER/ COURT REPORTER FEE; 191121-0259-CK MMF/ 60.00 CRU/ 30.00 PAYMT; 191121-0259-CK REFERENCE NUMBER 148048
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Request |
|
|
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| 355 |
Filed: 11/21/2019, Entered: None |
Demurrer Filed |
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DEMURRER FILED BY A&A REIT, A CALIFORNIA CORPORATION; REPRESENTED BY WOLFE & WYMAN LLP(IMAGED)
|
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Request |
|
|
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| 354 |
Filed: 11/13/2019, Entered: None |
Stipulation & Order filed |
|
STIPULATION AND ORDER RE: AMEND PLAINTIFF'S 4TH AMENDED COMPLAINT FILED.
|
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Request |
|
|
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| 353 |
Filed: 10/29/2019, Entered: None |
Amended Complaint Filed |
|
AMENDED COMPLAINT FILED -- AMENDING 5TH AMENDED COMPLAINT (UNLIMITED) OF ASSOCIATION BUILDING SERVICES INC
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Request |
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| 352 |
Filed: 10/25/2019, Entered: None |
Filing Fee Paid by |
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FILING FEE PAID BY ASSOCIATION BUILDING SERVICES INC FOR STIP AND ORDER TO AMEND PLA'S 4TH AMENDED COMPLAIN; 191107-0372-CK RSO/ 20.00 PAYMT; 191107-0372-CK REFERENCE NUMBER CK 5804
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Request |
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| 351 |
Filed: 10/23/2019, Entered: None |
Request to Enter Default Filed |
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REQUEST TO ENTER DEFAULT AGAINST CHAD HILTON FILED.
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Request |
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| 350 |
Filed: 10/23/2019, Entered: None |
Default Entered as to |
|
DEFAULT ENTERED ON 4TH AMENDED COMPLAINT (UNLIMITED) OF ASSOCIATION BUILDING SERVICES INC AS TO CHAD HILTON.
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Request |
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| 349 |
Filed: 10/15/2019, Entered: None |
Amended Document Filed re: |
|
AMENDED NOTICE OF RULING 10/01/19 10/01/19 MTN TO STRIKE FILED.
|
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Request |
|
|
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| 348 |
Filed: 10/11/2019, Entered: None |
Default Entered as to |
|
DEFAULT ENTERED ON 4TH AMENDED COMPLAINT (UNLIMITED) OF ASSOCIATION BUILDING SERVICES INC AS TO LETICIA HILTON.
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Request |
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| 347 |
Filed: 10/11/2019, Entered: None |
Request to Enter Default Filed |
|
REQUEST TO ENTER DEFAULT AGAINST LETICIA HILTON FILED.
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Request |
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|
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| 346 |
Filed: 10/7/2019, Entered: None |
Defendant First Paper Fee Paid in Full |
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DEFENDANT A&A REIT, A CALIFORNIA CORPORATION FIRST PAPER FEE PAID IN FULL
|
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Request |
|
|
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| 345 |
Filed: 10/7/2019, Entered: None |
Filing Fee Paid by |
|
FILING FEE PAID BY A&A REIT, A CALIFORNIA CORPORATION FOR FIRST PAPER FEE; 191007-0488-CK CVT/ 435.00 PAYMT; 191007-0488-CK REFERENCE NUMBER #146051
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Request |
|
|
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| 344 |
Filed: 10/7/2019, Entered: None |
Declaration |
|
DECLARATION OF GOOD FAITH ATTEMPT TO MEET & CONFER
|
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Request |
|
|
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| 343 |
Filed: 10/3/2019, Entered: None |
Amended Document Filed re: |
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AMENDED PROOF OF SERVICE RE: ANSWER TO FOURTH AMENDED COMPLAINT FILED.
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Request |
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| 342 |
Filed: 10/1/2019, Entered: None |
Legacy Minutes |
|
RULING ON SUBMITTED MATTER; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; -; COURT RULES AS FOLLOWS ON SUBMITTED MATTER:; CLH'S DEMURRER AND MOTION TO STRIKE PLAINTIFF'S FOURTH AMENDED COMPLAINT; -; 1. COURT FINDS A PROPER MEET AND CONFER OCCURRED;; -; 2. COURT GRANTS THE REQUESTS FOR JUDICIAL NOTICE AS; DETAILED BELOW; ; -; 3. COURT OVERRULES THE DEMURRER BASED UPON SHAM; PLEADING; ; -; 4. COURT OVERRULES THE DEMURRER TO ALL CAUSES OF; ACTION ON THE GROUNDS OF UNCERTAINTY AND FAILURE TO STATE A CAUSE OF ACTION; AND; -; 5. COURT GRANTS THE MOTION TO STRIKE WITH 20 DAYS; LEAVE TO AMEND. ; -; ANALYSIS:; REQUEST FOR JUDICIAL NOTICE. PURSUANT TO EVIDENCE CODE, SECT. 452, SUBD. (D) AND 452, SUD. (H),; PLAINTIFF REQUESTS THE COURT TAKE JUDICIAL NOTICE OF A CASE IN LOS ANGELES (ASSOCIATE; BUILDING SERVICES, INC. V. DONALD WOODLOCK, ET AL (LASC CASE NO. BC631953) WHICH STATES " THIS; RULING IS FURTHER BASED ON THE FINDING THAT THERE IS NO DISPOSITIVE PROOF THAT THE; CONTRACTOR WAS PERFORMING SUBSTANDARD WORK WHILE ON THE JOBSITE. THE COURT FINDS THAT THE; CONTRACTOR MAY HAVE BEEN ABLE TO REPAIR OR CORRECT ANY UNFINISHED WORK WITHIN THE TIME; PRESCRIBED BY THE CONTRACT HAD THE CONTRACTOR BEEN ABLE TO RETURN TO THE JOB SITE."; -; CLH SEEKS THIS COURT TO TAKE JUDICIAL NOTICE OF A CERTIFIED COPY OF THE REGISTRAR OF CONTRACTORS,; CALIFORNIA CONTRACTORS STATE LICENSE BOARD, DECISION AND ORDER OF ADMINISTRATIVE LAW JUDGE; NANA CHIN, CASE NO. N2016-167, OAH NO. 2018280148; AND VARIOUS ITEMS FIELD IN THIS; PROCEEDING. ; -; "JUDICIAL NOTICE IS THE RECOGNITION AND ACCEPTANCE BY THE COURT, FOR USE BY THE TRIER OF; FACT OR BY THE COURT, OF THE EXISTENCE OF A MATTER OF LAW OR FACT THAT IS RELEVANT TO AN; ISSUE IN THE ACTION WITHOUT REQUIRING FORMAL PROOF OF THE MATTER." (LOCKLEY V. LAW OFFICE OF; CANTRELL, GREEN, PEKICH, CRUZ & MCCORT (2001) 91 CAL.APP.4TH 875, 882). THE TRIAL COURT SHALL; TAKE JUDICIAL NOTICE OF ANY MATTER SPECIFIED IN SECTION 452 IF A PARTY REQUESTS IT AND: (A); GIVES EACH ADVERSE PARTY SUFFICIENT NOTICE OF THE REQUEST, THROUGH THE PLEADINGS OR OTHERWISE,; TO ENABLE SUCH ADVERSE PARTY TO PREPARE TO MEET THE REQUEST; AND (B) FURNISHES THE COURT WITH; SUFFICIENT INFORMATION TO ENABLE IT TO TAKE JUDICIAL NOTICE OF THE MATTER." (EVIDENCE CODE,; SECTION 453.) THE PARTY REQUESTING JUDICIAL NOTICE MUST FURNISH COPIES TO THE COURT AND TO; EACH PARTY NOTICED. (CAL. RULES OF COURT, ; RULE 3.1306, SUBD. (C).) ; -; CALIFORNIA EVIDENCE CODE, SECTION 452, SUBD. (D), STATES JUDICIAL NOTICE CAN BE TAKEN OF "[R]ECORDS; OF (1) ANY COURT OF THIS STATE OR (2) ANY COURT OF RECORD OF THE UNITED STATES OR OF ANY STATE; OF THE UNITED STATES." THEREFORE, THIS COURT WILL TAKE JUDICIAL NOTICE OF THE LOS ANGELES; CASE AND CLH'S REQUESTS IN THIS PROCEEDING. ; -; AS TO CLH'S REQUEST FOR THE CERTIFIED COPY OF THE REGISTRAR OF CONTRACTOR'S DECISION, CALIFORNIA; EVIDENCE CODE, SECTION 452, SUBD. (C) STATES JUDICIAL NOTICE CAN BE TAKEN OF "OFFICIAL ACTS; OF THE LEGISLATIVE, EXECUTIVE AND JUDICIAL DEPARTMENTS OF THE UNITED STATES AND OF ANY; STATE OF THE UNITED STATES." (FONTENOT V. WELLS FARGO BANK, N.A. (2011) 198 CAL.APP.4TH 256,; 264, DISAPPROVED ON OTHER GROUNDS BY YVANOVA V. NEW CENTURY MORTG. CORP. (2016) 62 CAL.4TH 919.); ALTHOUGH THE EXISTENCE OF A DOCUMENT, SUCH AS A DOCUMENT RECORDED IN THE OFFICIAL RECORDS OF A; GOVERNMENT BODY, MAY BE JUDICIALLY NOTICEABLE, THE TRUTH OF STATEMENTS CONTAINED IN THE; DOCUMENT AND THEIR PROPER INTERPRETATION ARE NOT SUBJECT TO JUDICIAL NOTICE. (STORMEDIA INC. V.; SUPERIOR COURT (1999) 20 CAL.4TH 449, 457, FN.9; TENET HEALTHSYSTEM DESERT, INC. BLUE CROSS OF; CALIFORNIA (2016) 245 CAL. APP. 4TH 821, 836.) ; THE COURT WILL TAKE JUDICIAL NOTICE OF A DECISION BEING RENDERED.; -; FURTHER ANALYSIS: THE DEMURRER FOCUSES ON THE FOURTH AMENDED COMPLAINT BEING A SHAM PLEADING; AND DOES NOT ADDRESS THE SPECIFIC CAUSES OF ACTION. THE ARGUMENTS CONCERN THE BUSINESS AND; PROFESSIONS CODE AND GARDNER AND WHETHER HE HAS AN APPROPRIATE LICENSE. IT ALSO CONCERNS THE; ADDITION OF BARUNDA AND CHANGING GARDNERS TITLE FROM FOREMAN TO ESTIMATOR. AS THE COURT APT; FOUND IN THE DEMURRER TO THE THIRD AMENDED COMPLAINT, THESE ARE NOT ISSUES APPROPRIATE ON A; DEMURRER BUT SHOULD BE RESERVED FOR A DISPOSITIVE MOTION.; -; AS THE COURT FOUND IN THE DEMURRER TO THE THIRD AMENDED COMPLAINT:; -; THE UNDERLYING ISSUE IN THIS CASE IS CLH'S CONTENTION THAT KENNETH GARDNER IS THE ONLY; PERSON AT PLAINTIFF THAT PERFORMED ANY WORK OR SERVICES UNDER THE CONTRACT AND THAT ANY AND ALL; REPRESENTATIONS MADE BY CLH OR ITS PRINCIPALS WERE MADE TO KENNETH GARDNER, THE INDIVIDUAL; WHO, UNDER THE LAW, IS PROHIBITED FROM ACTING IN ANY CAPACITY FOR PLAINTIFF OTHER THAN A "BONA; FIDE NON SUPERVISING EMPLOYEE, " CITING BUSINESS AND PROFESSIONS CODE SECTION 7121.6. HOWEVER,; THE ISSUE OF WHETHER OR NOT PLAINTIFF OR KENNETH GARDNER VIOLATED THE BUSINESS AND PROFESSIONS; CODE DOES NOT APPEAR ON THE FACE OF THE TAC. ; -; THE ADDITION OF BORUNDA AND HER ROLE IS A FACTUAL ISSUE WHICH SHOULD NOT BE DECIDED ON A DEMURRER.; "[T]HE QUESTION OF PLAINTIFF'S ABILITY TO PROVE THESE ALLEGATIONS, OR THE POSSIBLE DIFFICULTY IN; MAKING SUCH PROOF DOES NOT CONCERN THE REVIEWING COURT." (CONCERNED CITIZENS OF COSTA MESA, INC.; V. 32ND AGRICULTURAL ASSN. (1986) 42 CAL.3D 929, 936 [CITATIONS OMITTED].) ADDITIONALLY, THIS; DOES NOT APPEAR TO BE A SHAM PLEADING. DEVENY V. ENTROPIN, INC. (2006) 139 CAL.APP.4TH 408,; 425-426 [42 CAL.RPTR.3D 807] STATES: ; -; UNDER THE SHAM PLEADING DOCTRINE, PLAINTIFFS ARE PRECLUDED FROM AMENDING COMPLAINTS TO OMIT; HARMFUL ALLEGATIONS, WITHOUT EXPLANATION, FROM PREVIOUS COMPLAINTS TO AVOID ATTACKS RAISED IN; DEMURRERS OR MOTIONS FOR SUMMARY JUDGMENT. (SEE HENDY V. LOSSE (1991) 54 CAL.3D 723, 742743 [1; CAL. RPTR. 2D 543, 819 P.2D 1] [AFFIRMING AN ORDER SUSTAINING DEFENDANTS' DEMURRER WITHOUT; LEAVE TO AMEND WHEN THE PLAINTIFF FILED AN AMENDED COMPLAINT OMITTING HARMFUL ALLEGATIONS; FROM THE ORIGINAL UNVERIFIED COMPLAINT]; SEE ALSO COLAPINTO V. COUNTY OF RIVERSIDE (1991) 230; CAL. APP. 3D 147, 151 [281 CAL. RPTR. 191] (COLAPINTO) ["IF A PARTY FILES AN AMENDED; COMPLAINT AND ATTEMPTS TO AVOID THE DEFECTS OF THE ORIGINAL COMPLAINT BY EITHER OMITTING FACTS; WHICH MADE THE PREVIOUS COMPLAINT DEFECTIVE OR BY ADDING FACTS INCONSISTENT WITH THOSE OF PREVIO; S PLEADINGS, ; THE COURT MAY TAKE JUDICIAL NOTICE OF PRIOR PLEADINGS AND MAY DISREGARD ANY INCONSISTENT; ALLEGATIONS. "].) A NOTED COMMENTATOR HAS EXPLAINED, "ALLEGATIONS IN THE ORIGINAL PLEADING; THAT RENDERED IT VULNERABLE TO DEMURRER OR OTHER ATTACK CANNOT SIMPLY BE OMITTED WITHOUT; EXPLANATION IN THE AMENDED PLEADING. THE POLICY AGAINST SHAM PLEADINGS REQUIRES THE PLEADER TO; EXPLAIN SATISFACTORILY ANY SUCH OMISSION." (WEIL & BROWN, CAL. PRACTICE GUIDE: CIVIL PROCEDURE; BEFORE TRIAL (THE RUTTER GROUP 2005) PARAGRAPH 6. 708 , P. 6-142.1.); -; THUS, SUPERSEDED PLEADINGS MAY BE USED AT TRIAL AS ADMISSIONS AGAINST INTEREST; HOWEVER, THE; PARTY WHO MADE THE PLEADINGS MUST BE ALLOWED TO EXPLAIN THE CHANGES. (SEE CITY OF PLEASANT HILL; V. FIRST BAPTIST CHURCH (1969) 1 CAL. APP. 3D 384, 418419 [82 CAL. RPTR. 1].) THIS GENERAL; RULE USUALLY PRECLUDES SUMMARY JUDGMENT THAT RELIES ON A SUPERSEDED PLEADING. (SEE KIRBY V.; ALBERT D. SEENO CONSTRUCTION CO. (1992) 11 CAL.APP.4TH 1059 [14 CAL. RPTR. 2D 604]; SEE; ALSO BLAIN V. DOCTOR'S CO. (1990) 222 CAL. APP. 3D 1048, 1058 [272 CAL. RPTR. 250] ["[A]N; UNEXPLAINED SUPPRESSION OF THE ORIGINAL DESTRUCTIVE ALLEGATION WILL NOT, IN THE WORDS OF; LADY MACBETH, WASH OUT THE DAMNED SPOT.'"].) THE SHAM PLEADING DOCTRINE IS NOT "'INTENDED TO; PREVENT HONEST COMPLAINANTS FROM CORRECTING ERRONEOUS ALLEGATIONS...OR TO PREVENT CORRECTION; OF AMBIGUOUS FACTS.'" ; (5 WITKIN, CAL. PROCEDURE (4TH ED. 1997) AMENDMENT OF PLEADINGS SECTION 1122, PP.; 577578.) INSTEAD, IT IS INTENDED TO ENABLE COURTS "'TO PREVENT AN ABUSE OF PROCESS.'" (AMID; V. HAWTHORNE COMMUNITY MEDICAL GROUP, INC., SUPRA, 212 CAL. APP. 3D AT PP. 13901391.); -; FROM THE GENERAL TENOR OF THE COMPLAINTS, THE ADDITION OF BORUNDA, WHO IS ALSO AN ALLEGED; EMPLOYEE OF ABS (OPPOSITION AT P. 5:13-6:4), DOES NOT SUFFICIENTLY ALTER THE ALLEGATIONS.; ABS BELIEVED ADDING BORUNDA WAS FOR THE SAKE OF CLARITY SINCE SHE ASSISTED IN PRE-CONSTRUCTION; SERVICE, AND DEFENDANT HAS ARGUED KENNETH GARDNER WAS THE ONLY ABS EMPLOYEE ON THE PROJECT; SITE AND INELIGIBLE TO WORK AS AN ESTIMATOR OR FOREMAN. AS STATED BEFORE, IN THIS COURT'S; PREVIOUS DECISION ON DEMURRER, KENNETH GARDNER'S ROLE IS NOT SUSCEPTIBLE TO A DEMURBUT MAY BE THE; PROPER SUBJECT OF A DISPOSITIVE MOTION. THEREFORE, THE COURT WILL OVERRULE THE DEMURRER; BASED UPON A SHAM PLEADING. WHILE CLH NOTICES A DEMURRER TO EACH OF THE CAUSES OF ACTION, THEY; MAKE NO ARGUMENTS IN THEIR PAPERS. THE COURT SHALL OVERRULE THE DEMURRER BASED UPON UNCERTAINT; BECAUSE ; CLH CAN ADEQUATELY TELL THE ALLEGATIONS AND CAUSES OF ACTION ASSERTED AGAINST IT.; -; LEAVE TO AMEND GRANTED, WITH 20 DAYS LEAVE TO AMEND.; NOTICE GIVEN BY JUDICIAL ASSISTANT; CORRESPONDENCE COVERSHEET GENERATED TO MAIL COURT'S RULING ON SUBMITTED MATTER TO COUNSEL OF RECORD.; ACTION - COMPLETE; === MINUTE ORDER END ===
|
|
Request |
|
|
|
| 341 |
Filed: 10/1/2019, Entered: None |
Legacy Minutes |
|
MOTION RE: DEMURRER TO PLAINTIFF'S FOURTH AMENDED COMPLAINT FILED BY DEFENDANT CLH PROJECT 1, LLC; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT C SHELBY; -; APPEARANCES:; ATTORNEY JACOB MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY BRIEN J O'MEARA PRESENT FOR DEFENDANT/RESPONDENT.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; -; MOTION; CLH PROJECT 1, LLC'S MOTION DEMURRER TO PLAINTIFF'S FOURTH AMENDED COMPLAINT IS HEARD.; COUNSEL APPEARING FOR TODAY'S HEARING ARE PROVIDED WITH THE COURT'S TENTATIVE DECISION.; ARGUED BY COUNSEL AND SUBMITTED.; AFTER TESTIMONY AND DUE CONSIDERATION BY THE COURT :; MATTER TAKEN UNDER SUBMISSION.; ACTION - COMPLETE; === MINUTE ORDER END ===
|
|
Request |
|
|
|
| 340 |
Filed: 10/1/2019, Entered: None |
Legacy Minutes |
|
MOTION RE: TO STRIKE PORTIONS OF PLAINTIFF'S FOURTH AMENDED COMPLAINT FILED BY DEFENDANT CLH PROJECT 1, LLC; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT C SHELBY; -; APPEARANCES:; ATTORNEY JACOB MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY BRIEN J O'MEARA PRESENT FOR DEFENDANT/RESPONDENT.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; -; MOTION; CLH PROJECT 1, LLC'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FAC IS HEARD.; COUNSEL APPEARING FOR TODAY'S HEARING ARE PROVIDED WITH THE COURT'S TENTATIVE DECISION.; ARGUED BY COUNSEL AND SUBMITTED.; AFTER TESTIMONY AND DUE CONSIDERATION BY THE COURT :; MATTER TAKEN UNDER SUBMISSION.; ACTION - COMPLETE; === MINUTE ORDER END ===
|
|
Request |
|
|
|
| 339 |
Filed: 9/26/2019, Entered: None |
Defendant First Paper Fee Paid in Full |
|
DEFENDANT WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY FIRST PAPER FEE PAID IN FULL
|
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Request |
|
|
|
| 338 |
Filed: 9/26/2019, Entered: None |
Request for Judicial Notice Filed |
|
REQUEST FOR JUDICIAL NOTICE FILED.
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Request |
|
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| 337 |
Filed: 9/26/2019, Entered: None |
Filing Fee Paid by |
|
FILING FEE PAID BY WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY FOR FIRST APPEARANCE; 190926-0697-CK CVT/ 870.00 PAYMT; 190926-0697-CK REFERENCE NUMBER 145846
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Request |
|
|
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| 336 |
Filed: 9/26/2019, Entered: None |
Answer filed |
|
ANSWER FILED BY WFG NATIONAL TITLECOMPANY OF CALIFORNIA, WFG NATIONAL TITLEINSURANCE COMPANY; PARTY REPRESENTED BY WOLFE & WYMAN LLP.
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Request |
|
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| 335 |
Filed: 9/26/2019, Entered: None |
Proof of Service of Summons and Comp/Pet Filed |
|
PROOF OF SERVICE OF SUMMONS AND COMP/PET ON LETICIA HILTON; DEFENDANT/RESPONDENT SERVED ON 09/10/19 WITH COSTS OF $75.00 FILED.
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Request |
|
|
|
| 334 |
Filed: 9/26/2019, Entered: None |
Proof of Service of Summons and Comp/Pet Filed |
|
PROOF OF SERVICE OF SUMMONS AND COMP/PET ON CHAD HILTON; DEFENDANT/RESPONDENT SERVED ON 09/22/19 WITH COSTS OF $75.00 FILED.
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Request |
|
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| 333 |
Filed: 9/25/2019, Entered: None |
Reply Filed |
|
REPLY TO - TO MOTION RE:DEMURRER TO 4TH AMENDED COMPLAINT SET FOR HEARING ON 10/01/19 FILED BY CLH PROJECT 1, LLC. (IMAGED)
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Request |
|
|
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| 332 |
Filed: 9/25/2019, Entered: None |
Miscellaneous Document Filed |
|
REQUEST TO TAKE JUDICIAL NOTICE IN SUPPORT OF REPL Y TO ABS'S OPPO TO DEMURRER FILED.
|
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Request |
|
|
|
| 331 |
Filed: 9/25/2019, Entered: None |
Reply Filed |
|
REPLY TO OPPOSITION TO MOTION RE:STRIKE PORTIONS OF 4TH AMD COMPLAINT SET FOR HEARING ON 10/01/19 FILED BY CLH PROJECT 1, LLC. (IMAGED)
|
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Request |
|
|
|
| 330 |
Filed: 9/18/2019, Entered: None |
Opposition to Motion Filed |
|
OPPOSITION TO MOTION RE: STRIKE 4TH AMEND COMPLAINT SET FOR HEARING ON 10/01/19, FILED BY PLAINTIFF ASSOCIATION BUILDING SERVICES INC (IMAGED)
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Request |
|
|
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| 329 |
Filed: 9/18/2019, Entered: None |
Miscellaneous Document Filed |
|
REQUEST FOR JUDICIAL NOTICE IN SPPT OF PLTF'S OPPO TO MOTION/STRIKE FILED.
|
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Request |
|
|
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| 328 |
Filed: 9/18/2019, Entered: None |
Opposition to Motion Filed |
|
OPPOSITION TO MOTION RE: DEMURRER TO 4TH AMEND COMPLAINT SET FOR HEARING ON 10/01/19, FILED BY PLAINTIFF ASSOCIATION BUILDING SERVICES INC (IMAGED)
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Request |
|
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| 327 |
Filed: 9/18/2019, Entered: None |
Notice Filed Re: |
|
NOTICE OF ERRATA TO 4TH AMENDED COMPLAINT FILED BY ASSOCIATION BUILDING SERVICES INC.
|
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Request |
|
|
|
| 326 |
Filed: 9/18/2019, Entered: None |
Proof Of Service Filed. |
|
PROOF OF SERVICE OF OPPOS AND SUPPORTING DOCUMENTS BY OVERNIGHT DELIVERY ON 09/18/19 AS TO SEE MAILING LIST, FILED.
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Request |
|
|
|
| 325 |
Filed: 9/13/2019, Entered: None |
Amended Answer/Response Filed |
|
AMENDED ANSWER ON 4TH AMENDED COMPLAINT (UNLIMITED) OF ASSOCIATION BUILDING SERVICES INC FILED BY SURETECH INSURANCECOMPANY, A TEXAS.
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Request |
|
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| 324 |
Filed: 9/12/2019, Entered: None |
Answer filed |
|
ANSWER FILED BY SURETECH INSURANCECOMPANY, A TEXAS; PARTY REPRESENTED BY LA JOLLA LAW GROUP.
|
|
Request |
|
|
|
| 323 |
Filed: 8/27/2019, Entered: None |
Proof of Service of Summons and Comp/Pet Filed |
|
PROOF OF SERVICE OF SUMMONS AND COMP/PET ON WFG NATIONAL TITLEINSURANCE COMPANY; DEFENDANT/RESPONDENT SERVED ON 08/13/19 WITH COSTS OF $15.00 FILED.
|
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Request |
|
|
|
| 322 |
Filed: 8/27/2019, Entered: None |
Notice Filed Re: |
|
NOTICE OF RULING FOR ORDR RE: POS & FOURTH AMENDED COMP FILED BY ASSOCIATION BUILDING SERVICES INC.
|
|
Request |
|
|
|
| 321 |
Filed: 8/26/2019, Entered: None |
Comment |
|
VOL 9 SENT FOR FILE BACK
|
|
Request |
|
|
|
| 320 |
Filed: 8/26/2019, Entered: None |
Legacy Minutes |
|
EX-PARTE MOTION RE: SERVICE OF DEFENDANTS TO SECRETARY OF STATE; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT C SHELBY; -; APPEARANCES:; ATTORNEY JACOB I MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY BRIEN J O'MEARA APPEARS BY COURTCALL FOR CLH PROJECT 1, LLC.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; EX-PARTE HEARING IS HELD.; EX PARTE APPLICATION ARGUED.; AFTER TESTIMONY AND DUE CONSIDERATION BY THE COURT :; -; COURT FINDS:; EX PARTE ORDERS TO SERVE SEC. OF STATE ARE GRANTED.; EX PARTE ORDER SIGNED BY THE COURT.; ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
|
|
|
| 319 |
Filed: 8/26/2019, Entered: None |
Legacy Minutes |
|
ORDER TO SHOW CAUSE RE:WHY MATTER SHOULD NOT REFERRED TO JUDICIAL REFEREE; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT C SHELBY; -; APPEARANCES:; ATTORNEY JACOB I MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY BRIEN J O'MEARA APPEARS BY COURTCALL FOR CLH PROJECT 1, LLC.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; PURSUANT TO STIPULATION OF COUNSEL:; MATTER IS CONTINUED. CASE IS NOT AT ISSUE. ; -; HEARINGS:; CURRENT HEARING CONTINUED TO 12/03/19 AT 08:30 IN DEPARTMENT S31.; COUNSEL FOR PLAINTIFF TO GIVE NOTICE.; ACTION - COMPLETE; === MINUTE ORDER END ===
|
|
Request |
|
|
|
| 318 |
Filed: 8/23/2019, Entered: None |
Ex Parte Filed Re: |
|
EX PARTE RE: SERVICE OF DEFENDANTS TO SECRETARY OF STATE FILED BY ASSOCIATION BUILDING SERVICES INC
|
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Request |
|
|
|
| 317 |
Filed: 8/23/2019, Entered: None |
Amended Document Filed re: |
|
AMENDED PROOF OF SERVICE OF DEC IN RESPONSE TO OSC FILED.
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Request |
|
|
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| 316 |
Filed: 8/23/2019, Entered: None |
Filing Fee Paid by |
|
FILING FEE PAID BY ASSOCIATION BUILDING SERVICES INC FOR EX PARTE; 190823-0036-CK MMF/ 60.00 CRU/ 30.00 PAYMT; 190823-0036-CK REFERENCE NUMBER 5738
|
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Request |
|
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|
| 315 |
Filed: 8/21/2019, Entered: None |
Declaration Filed |
|
DECLARATION OF JACOB I. MOJARRO FILED
|
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Request |
|
|
|
| 314 |
Filed: 8/21/2019, Entered: None |
Proof of Service of Summons and Comp/Pet Filed |
|
PROOF OF SERVICE OF SUMMONS AND COMP/PET ON WFG NATIONAL TITLECOMPANY OF CALIFORNIA; DEFENDANT/RESPONDENT SERVED ON 08/13/19 WITH COSTS OF $15.00 FILED.
|
|
Request |
|
|
|
| 313 |
Filed: 8/21/2019, Entered: None |
Proof of Service of Summons and Comp/Pet Filed |
|
PROOF OF SERVICE OF SUMMONS AND COMP/PET ON SURETECH INSURANCECOMPANY, A TEXAS; DEFENDANT/RESPONDENT SERVED ON 08/13/19 WITH COSTS OF $55.00 FILED.
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Request |
|
|
|
| 312 |
Filed: 8/19/2019, Entered: None |
Points and Authorities Filed |
|
POINTS & AUTHORITIES FILED BY CLH PROJECT 1, LLC.
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Request |
|
|
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| 311 |
Filed: 8/19/2019, Entered: None |
Declaration Filed |
|
DECLARATION OF O'MEARA IN SPRT OF DEMURRER TO 4TH AMENDED COMPLAI FILED
|
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Request |
|
|
|
| 310 |
Filed: 8/19/2019, Entered: None |
Points and Authorities Filed |
|
POINTS & AUTHORITIES FILED BY CLH PROJECT 1, LLC.
|
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Request |
|
|
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| 309 |
Filed: 8/19/2019, Entered: None |
Motion Filed |
|
MOTION RE: TO STRIKE PORTIONS OF PLA FOURTH AMENDED COMPLAINT SET FOR HEARING ON 10/01/19, FILED BY DEFENDANT CLH PROJECT 1, LLC (IMAGED)
|
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Request |
|
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| 308 |
Filed: 8/19/2019, Entered: None |
Declaration Filed |
|
DECLARATION OF O'MEARA RE: COMPLIANCE W/ MEET & CONFER FILED
|
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Request |
|
|
|
| 307 |
Filed: 8/19/2019, Entered: None |
Request for Judicial Notice Filed |
|
REQUEST FOR JUDICIAL NOTICE FILED.
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Request |
|
|
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| 306 |
Filed: 8/19/2019, Entered: None |
Filing Fee Paid by |
|
FILING FEE PAID BY CLH PROJECT 1, LLC FOR MOTION FEES (X2); 190819-0505-CK MMF/ 120.00 CRU/ 30.00 PAYMT; 190819-0505-CK REFERENCE NUMBER 2650
|
|
Request |
|
|
|
| 305 |
Filed: 8/19/2019, Entered: None |
Demurrer Filed |
|
DEMURRER FILED BY CLH PROJECT 1, LLC; REPRESENTED BY LA JOLLA LAW GROUP(IMAGED)
|
|
Request |
|
|
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| 304 |
Filed: 8/19/2019, Entered: None |
Proof Of Service Filed. |
|
PROOF OF SERVICE OF DEMURRER & MOT TO STRIKE BY MAIL ON 08/16/19 AS TO MOJARRO LAW, P.C., FILED.
|
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Request |
|
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| 303 |
Filed: 7/17/2019, Entered: None |
Notice of Ruling Filed |
|
NOTICE OF RULING ON ORDER GRANTING PLA LEAVE TO FILE 4TH AMENDED FILED.
|
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Request |
|
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| 302 |
Filed: 7/17/2019, Entered: None |
Notice Filed Re: |
|
NOTICE OF RECORDING OF NOTICE OF PENDENCY OF ACTION FILED BY ASSOCIATION BUILDING SERVICES INC.
|
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Request |
|
|
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| 301 |
Filed: 7/17/2019, Entered: None |
Proof of Service Filed. Type of Service is: |
|
PROOF OF SERVICE OF NTC OF RULING, 4TH AMENDED & NTC OF RECORDING FILED AS TO CLH PROJECT 1, LLC. PARTY SERVED ON 07/17/19. TYPE OF SERVICE IS MAIL. WITH FEES OF $0.00.
|
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Request |
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|
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| 300 |
Filed: 7/12/2019, Entered: None |
Party Added |
|
ON THE 3RD AMENDED COMPLAINT (UNLIMITED) OF ASSOCIATION BUILDING SERVICES INC, SURETECH INSURANCECOMPANY, A TEXAS, A&A REIT, A CALIFORNIA CORPORATION, MAD FIVE INVESTMENTS, A CALIFORNIA, AKRAM DIAB, A. NATHAN DAWOOD, WFG NATIONAL TITLECOMPANY OF CALIFORNIA IS ADDED AS A DEFENDANT.
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Request |
|
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| 299 |
Filed: 7/12/2019, Entered: None |
Amended Complaint Filed |
|
AMENDED COMPLAINT FILED -- AMENDING 4TH AMENDED COMPLAINT (UNLIMITED) OF ASSOCIATION BUILDING SERVICES INC
|
|
Request |
|
|
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| 298 |
Filed: 7/12/2019, Entered: None |
Comment |
|
VOL 7 SENT FOR FILE BACK
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Request |
|
|
|
| Save 25% on a pre-paid one year subscription. |
|
|
| 297 |
Filed: 7/12/2019, Entered: None |
Summons Issued on |
|
SUMMONS ISSUED ON 4TH AMENDED COMPLAINT (UNLIMITED) OF ASSOCIATION BUILDING SERVICES INC - ORIGINAL FILED IN COURT FILE.
|
|
Request |
|
|
|
| 296 |
Filed: 7/12/2019, Entered: None |
Legacy Minutes |
|
MOTION RE: FOR LEAVE TO FILE A FOURTH AMENDED COMPLAINT FILED BY PLAINTIFF ASSOCIATION BUILDING SERVICES INC; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER CHERI ATKINSON;12624; COURT ATTENDANT C SHELBY; -; APPEARANCES:; ATTORNEY BRIEN J O'MEARA PRESENT FOR DEFENDANT/RESPONDENT.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; -; MOTION; ASSOCIATION BUILDING SERVICES INC'S MOTION FOR LEAVE TO FILE A FOURTH AMENDED COMPLAINT IS HEARD.; COUNSEL APPEARING FOR TODAY'S HEARING ARE PROVIDED WITH THE COURT'S TENTATIVE DECISION.; ORAL ARGUMENT PRESENTED BY BOTH SIDES .; AFTER TESTIMONY AND DUE CONSIDERATION BY THE COURT :; -; COURT FINDS:; COURT ADOPTS ITS TENTATIVE DECISION AS THE COURT'S RULING.; ASSOCIATION BUILDING SERVICES INC'S MOTION FOR LEAVE TO FILE A FOURTH AMENDED COMPLAINT IS GRANTED.; THE COURT WILL GRANT THE REQUEST FOR JUDICIAL NOTICE BUT NOT AS TO THE TRUTH OF THE CONTENTS; ASSERTED. ; -; THE COURT WILL SUSTAIN OBJECTIONS 2 (HEARSAY); AND 4, 6, AND 7 (LACK OF FOUNDATION); OVERRULE; OBJECTIONS 1, 3, 5, 8-9. AS FOR OBJECTION #10 REGARDING MOJARRO DECLARATION PARAGRAPH 21, THE; COURT SHALL CLARIFY WITH COUNSEL SINCE THE ATTORNEYS AND FIRM ARE NOT BEING SOUGHT TO BE; ADDED AS PARTIES OR LISTED IN THE CONSPIRACY CAUSE OF ACTION. THE DECLARATION SOMEWHAT LISTS; THE HISTORICAL PROGRESSION OF THE CASE, BUT THIS PARAGRAPH IS LISTED IN THE PRESENT TENSE.; LEAVE TO AMEND GRANTED, WITH 0 DAYS LEAVE TO AMEND.; ORDER SIGNED THIS DATE.; ACTION - COMPLETE; === MINUTE ORDER END ===
|
|
Request |
|
|
|
| 295 |
Filed: 7/12/2019, Entered: None |
Order Filed Re: |
|
ORDER GRANT PLAINTIFF TO LEAVE TO FILE A 4TH AMENDED COMPLAINT FILED
|
|
Request |
|
|
|
| 294 |
Filed: 7/12/2019, Entered: None |
Update Complaint of |
|
UPDATE COMPLAINT OF 4TH AMENDED COMPLAINT (UNLIMITED) OF ASSOCIATION BUILDING SERVICES INC
|
|
Request |
|
|
|
| 293 |
Filed: 7/12/2019, Entered: None |
Party Added |
|
ON THE 4TH AMENDED COMPLAINT (UNLIMITED) OF ASSOCIATION BUILDING SERVICES INC, WFG NATIONAL TITLEINSURANCE COMPANY IS ADDED AS A DEFENDANT.
|
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Request |
|
|
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| 292 |
Filed: 7/10/2019, Entered: None |
Answer filed |
|
ANSWER FILED BY PACIFIC BARUNA CORP,, JOHN MANNO; PARTY REPRESENTED BY SPILE LEFF &GOOR.
|
|
Request |
|
|
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| 291 |
Filed: 7/9/2019, Entered: None |
Notice of Return of Document(s) |
|
NOTICE OF RETURN OF DOCUMENT(S)
|
|
Request |
|
|
|
| 290 |
Filed: 7/9/2019, Entered: None |
Document is Returned by Court for the Following Reason(s): |
|
ANSWER TO 2ND AMENDED COMPLAINT IS RETURNED BY COURT FOR THE FOLLOWING REASON(S): MINUTES ARE NOT COMPLETED TO SHOW THE DEFAULTS WERE SET ASIDE.
|
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Request |
|
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| 289 |
Filed: 7/9/2019, Entered: None |
Legacy Minutes |
|
MOTION RE: FOR ORDER SETTING ASIDE ENTRY OF DEFAULT (06.05.19) FILED BY DEFENDANT PACIFIC BARUNA CORP,, JOHN MANNO; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER CARRIE LANE;8882; COURT ATTENDANT M PERRYMAN; -; APPEARANCES:; ATTORNEY BRIEN J O'MEARA PRESENT FOR DEFENDANT/RESPONDENT.; ATTORNEY D W DUKE PRESENT FOR PACIFIC BARUNA CORP. AND JOHN MANNO.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; -; MOTION; PACIFIC BARUNA CORP,, JOHN MANNO'S MOTION FOR ORDER SETTING ASIDE ENTRY OF DEFAULT IS HEARD.; COUNSEL APPEARING FOR TODAY'S HEARING ARE PROVIDED WITH THE COURT'S TENTATIVE DECISION.; ORAL ARGUMENT PRESENTED BY ATTORNEY O'MEARA .; ORAL ARGUMENT PRESENTED BY ATTORNEY DUKE .; AFTER TESTIMONY AND DUE CONSIDERATION BY THE COURT :; MATTER TAKEN UNDER SUBMISSION.; -; 04:30; COURT RULES AS FOLLOWS ON THE SUBMITTED MATTER:; AFTER FURTHER REVIEW, THE COURT WILL GRANT CROSS-DEFENDANT'S MOTION FOR ORDER SETTING ASIDE; ENTRY OF DEFAULT. ANSWER TO BE FILED FORTHWITH. ; -; A REVIEW OF THE COURT RECORDS INDICATES THAT THE ANSWER WAS REJECTED.; -; REQUEST FOR SANCTIONS IS DENIED.; -; NOTICE GIVEN BY JUDICIAL ASSISTANT; CORRESPONDENCE COVERSHEET GENERATED TO MAIL MINUTE ORDER DATED 07/09/19 - COURT'S RULING TO COUNSEL OF RECORD.; ACTION - COMPLETE; === MINUTE ORDER END ===; SET ASIDE DISPOSITION OF DEFENDANT PACIFIC BARUNA CORP,, JOHN MANNO.; SET ASIDE REQUEST FOR DEFAULT AS TO PACIFIC BARUNA CORP,, JOHN MANNO
|
|
Request |
|
|
|
| 288 |
Filed: 7/8/2019, Entered: None |
Reply Filed |
|
REPLY TO OPPOSITION TO MOTION RE:LEAVE TO FILE A 4TH AMD COMPLAINT SET FOR HEARING ON 07/12/19 FILED BY ASSOCIATION BUILDING SERVICES INC. (IMAGED)
|
|
Request |
|
|
|
| 287 |
Filed: 7/8/2019, Entered: None |
Proof Of Service Filed. |
|
PROOF OF SERVICE OF 2 REPLIES AND PROPOSED ORDER BY OVERNIGHT DELIVERY ON 07/05/19 AS TO BRIEN J O'MEARA, ESQ, FILED.
|
|
Request |
|
|
|
| 286 |
Filed: 7/8/2019, Entered: None |
Reply Filed |
|
REPLY TO OBJECTIONS TO DECLARATION J MOJARRO TO MOTION RE:LEAVE TO FILE A 4TH AMD COMPLAINT SET FOR HEARING ON 07/12/19 FILED BY ASSOCIATION BUILDING SERVICES INC. (IMAGED)
|
|
Request |
|
|
|
| 285 |
Filed: 7/1/2019, Entered: None |
Reply Filed |
|
REPLY TO IN SUPPORT TO MOTION RE:SETTING ASIDE ENTRY OF DEFAULTS SET FOR HEARING ON 07/09/19 FILED BY PACIFIC BARUNA CORP,, JOHN MANNO. (IMAGED)
|
|
Request |
|
|
|
| 284 |
Filed: 6/28/2019, Entered: None |
Declaration Re: |
|
DECLARATION RE: BJ O'MEARA IN SPPT OF CLH'S OPPO TO MOTION - 4TH FILED BY CLH PROJECT 1, LLC
|
|
Request |
|
|
|
| 283 |
Filed: 6/28/2019, Entered: None |
Opposition to Motion Filed |
|
OPPOSITION TO MOTION RE: LEAVE TO FILE 4TH AMENDED COMPLAINT SET FOR HEARING ON 07/12/19, FILED BY DEFENDANT CLH PROJECT 1, LLC (IMAGED)
|
|
Request |
|
|
|
| 282 |
Filed: 6/28/2019, Entered: None |
Miscellaneous Document Filed |
|
REQUEST TO TAKE JUDICIAL NOTICE IN SPPT OF CLH'S O PPO TO MOTION/LEAVE FOR 4TH AMD CMPLNT FILED.
|
|
Request |
|
|
|
| 281 |
Filed: 6/28/2019, Entered: None |
Miscellaneous Document Filed |
|
CLH'S OBJECTIONS TO DECL OF JI MOJARRO IN SPPT OF MOTION/LEAVE TO FILE 4TH AMD CMPLNT FILED.
|
|
Request |
|
|
|
| 280 |
Filed: 6/26/2019, Entered: None |
Comment |
|
FILE RETAINED IN S31
|
|
Request |
|
|
|
| 279 |
Filed: 6/26/2019, Entered: None |
Legacy Minutes |
|
MOTION RE: DEMURRER TO THIRD AMENDED COMPLAINT FILED BY DEFENDANT CLH PROJECT 1, LLC; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT C SHELBY; -; APPEARANCES:; ATTORNEY JACOB I MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY BRIEN J O'MEARA PRESENT FOR DEFENDANT/RESPONDENT.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; -; MOTION; CLH PROJECT 1, LLC'S MOTION DEMURRER TO THIRD AMENDED COMPLAINT IS HEARD.; COUNSEL APPEARING FOR TODAY'S HEARING ARE PROVIDED WITH THE COURT'S TENTATIVE DECISION.; ORAL ARGUMENT PRESENTED BY BOTH SIDES .; AFTER TESTIMONY AND DUE CONSIDERATION BY THE COURT :; -; COURT FINDS:; COURT ADOPTS ITS TENTATIVE DECISION AS THE COURT'S RULING.; -; 1. THE COURT DENY DEFENDANT'S REQUEST FOR JUDICIAL NOTICE. THE DOCUMENT DOES NOT BEAR AN; OFFICIAL STAMP OR SEAL. ADDITIONALLY, THE DOCUMENT SIMPLY SHOWS ON ITS FACE THAT MR.; GARDNER'S CONTRACTORS LICENSE WAS REVOKED IN 2005.; -; 2. THE COURT WILL SUSTAIN DEFENDANT CLH PROJECT 1, LLC'S DEMURRER TO THE FIRST, SECOND AND THIRD; CAUSES OF ACTION IN PLAINTIFF'S THIRD AMENDED COMPLAINT WITH 20 DAYS LEAVE TO AMEND.; -; 3. THE COURT WILL FIND COMPLIANCE WITH CODE OF CIVIL; PROCEDURE SECTION 430.41 (MEET AND CONFER). ; ANALYSIS:; PLAINTIFF'S FRAUD-BASED CAUSES OF ACTION ARE BASED UPON THE ALLEGATIONS THAT DEFENDANTS,; THROUGH CHAD AND LETTY HILTON, MADE MATERIAL MISREPRESENTATIONS TO PLAINTIFF, INCLUDING: (1); BOTH CHAD AND LETTY MISREPRESENTED THAT FINANCING WAS AVAILABLE FOR THE PROJECT PRIOR TO PLAINTIFF; COMMENCING WORK; (2) CHAD MISREPRESENTED TO PLAINTIFF THAT IT WOULD COMPENSATE PLAINTIFF FOR; ALL ADDITIONAL TIME AND SERVICES PROVIDED FOR THE PROJECT AND REQUESTED BY CLH, WHICH WAS EXCLUDED; UNDER THE GENERAL SCOPE OF WORK IN THE AGREEMENT; (3) LETTY MISREPRESENTED TO PLAINTIFF; IN NOVEMBER 2017 THAT THERE WOULD BE A TEMPORARY HOLD ON THE PROJECT, BUT CONSTRUCTION WOULD; RESUME ONCE THE CONSTRUCTION LOAN FUNDED; AND (4) BOTH CHAD AND LETTY MISREPRESENTED TO; PLAINTIFF THAT CLH WAS NEVER APPROVED FOR A CONSTRUCTION LOAN AND THEREFORE THE AGREEMENT WAS; INVALID. ; -; THE UNDERLYING ISSUE IN THIS CASE IS CLH'S CONTENTION THAT KENNETH GARDNER IS THE ONLY; PERSON AT PLAINTIFF THAT PERFORMED ANY WORK OR SERVICES UNDER THE CONTRACT AND THAT ANY AND ALL; REPRESENTATIONS MADE BY CLH OR ITS PRINCIPALS WERE MADE TO KENNETH GARDNER, THE INDIVIDUAL; WHO, UNDER THE LAW, IS PROHIBITED FROM ACTING IN ANY CAPACITY FOR PLAINTIFF OTHER THAN A "BONA; FIDE NONSUPERVISING EMPLOYEE," CITING BUSINESS AND PROFESSIONS CODE SECTION 7121.6. HOWEVER,; THE ISSUE OF WHETHER OR NOT PLAINTIFF OR KENNETH GARDNER VIOLATED THE BUSINESS AND PROFESSIONS; CODE DOES NOT APPEAR ON THE FACE OF THE TAC. ; -; NEVERTHELESS, THE TAC DOES FAIL TO STATE SUFFICIENT FACTS TO CONSTITUTE A CAUSE OF ACTION; AS TO THE FIRST, SECOND AND THIRD CAUSES OF ACTION. THE FIRST, SECOND AND THIRD CAUSES OF; ACTION ARE FRAUD-BASED CAUSES OF ACTION, WHICH MUST BE PLEADED WITH PARTICULARITY.; -; A FRAUD CAUSE OF ACTION REQUIRES A PLAINTIFF TO SHOW: (1) MISREPRESENTATION (FALSE; REPRESENTATION, CONCEALMENT OR NONDISCLOSURE); (2) KNOWLEDGE OF FALSITY; (3) INTENT TO DECEIVE;; (4) JUSTIFIABLE RELIANCE; AND (5) RESULTING DAMAGE. (WEST V. JPMORGAN CHASE BANK, N.A.; (2013) 214 CAL.APP.4TH 780, 792.) A CAUSE OF ACTION FOR FRAUD MUST BE PLED SPECIFICALLY, AND; GENERAL OR CONCLUSORY ALLEGATIONS ARE NOT SUFFICIENT. (LAZAR V. SUPERIOR COURT (1996) 12; CAL.4TH 631, 64546.) PARTICULARITY REQUIRES PLEADING FACTS THAT "SHOW HOW, WHEN, WHERE, TO; WHOM, AND BY WHAT MEANS THE REPRESENTATIONS WERE TENDERED." (ID. AT P. 645.); -; NEGLIGENT MISREPRESENTATION IS A SUB-SPECIES OF FRAUD. (PACIFIC GAS AND ELECTRIC COMPANY V.; PUBLIC UTILITIES COMMISSION (2015) 237 CAL.APP.4TH 812, 846 ("'TORT LAW RECOGNIZES A; CLAIM FOR NEGLIGENT MISREPRESENTATION, WHICH ALLOWS RECOVERY IN THE ABSENCE OF SCIENTER OR; INTENT TO DEFRAUD [CITATIONS] AND ATTACHES LIABILITY TO '[T]HE SUPPRESSION OF A FACT, BY; ONE WHO IS BOUND TO DISCLOSE IT, OR WHO GIVES INFORMATION OF OTHER FACTS WHICH ARE LIKELY TO; MISLEAD FOR WANT OF COMMUNICATION OF THAT FACT.' [CITATION.]").) A CLAIM FOR NEGLIGENT; MISREPRESENTATION IS SIMILAR TO AN INTENTIONAL MISREPRESENTATION CLAIM, EXCEPT THAT THE; DEFENDANT MAY HAVE HONESTLY BELIEVED THAT THE REPRESENTATION WAS TRUE, BUT HAD NO REASONABLE; GROUNDS FOR BELIEVING THE REPRESENTATION WAS TRUE WHEN IT WAS MADE. (JUDICIAL COUNCIL OF CALI; ORNIA CIVIL JURY INSTRUCTION 1903.) ; -; "TO MAINTAIN AN ACTION FOR DECEIT BASED ON A FALSE PROMISE, ONE MUST SPECIFICALLY ALLEGE AND; PROVE, AMONG OTHER THINGS, THAT THE PROMISOR DID NOT INTEND TO PERFORM AT THE TIME HE OR SHE MADE; THE PROMISE AND THAT IT WAS INTENDED TO DECEIVE OR INDUCE THE PROMISEE TO DO OR NOT DO A; PARTICULAR THING. [CITATIONS.] GIVEN THIS REQUIREMENT, AN ACTION BASED ON A FALSE PROMISE; IS SIMPLY A TYPE OF INTENTIONAL MISREPRESENTATION, I.E., ACTUAL FRAUD. THE; SPECIFIC INTENT REQUIREMENT ALSO PRECLUDES PLEADING A FALSE PROMISE CLAIM AS A NEGLIGENT; MISREPRESENTATION, I.E., 'THE ASSERTION, AS A FACT, OF THAT WHICH IS NOT TRUE, BY ONE WHO HAS; NO REASONABLE GROUND FOR BELIEVING IT TO BE TRUE. [CITATION.]" (TARMANN V. STATE FARM MUT.; AUTO. INS. CO. (1991) 2 CAL.APP.4TH 153, 159.) ; -; ALTHOUGH THE TAC ALLEGES THAT CHAD AND LETTY HILTON BOTH MADE MISREPRESENTED TO PLAINTIFF,; THE TAC FAILS TO IDENTIFY THE INDIVIDUAL FROM AMERICAN BUSINESS SERVICES TO WHOM THE ALLEGED; MISREPRESENTATIONS WERE MADE. FOR THIS REASON, THE COURT WILL SUSTAIN THE DEMURRER TO THE; FIRST, SECOND AND THIRD CAUSES OF ACTION WITH LEAVE TO AMEND.; DEMURRER SUSTAINED AS TO FIRST, SECOND AND THIRD CAUSES OF ACTION ON 3RD AMENDED COMPLAINT (UNLIMITED) OF ASSOCIATION BUILDING SERVICES INC, WITH 20 DAYS TO AMEND.; LEAVE TO AMEND GRANTED, WITH 20 DAYS LEAVE TO AMEND.; -; HEARINGS:; HEARING DATE OF 07/09/19 CONFIRMED.; HEARING DATE OF 07/12/19 CONFIRMED.; ACTION - COMPLETE; === MINUTE ORDER END ===
|
|
Request |
|
|
|
| 278 |
Filed: 6/26/2019, Entered: None |
Legacy Minutes |
|
ORDER TO SHOW CAUSE RE:SANCTIONS (PLTF FTA 060519); JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT C SHELBY; -; APPEARANCES:; ATTORNEY JACOB I MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY BRIEN J O'MEARA PRESENT FOR DEFENDANT/RESPONDENT.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; ATTORNEY MOJARRO PROVIDES AN EXPLANATION AND APOLOGIZES TO THE COURT FOR HIS PREVIOUS FAILURE; TO APPEAR. ; NO OBJECTION BY DEFENSE.; -; COURT HEREBY VACATES THE OSC RE SANCTIONS. ; ACTION - COMPLETE; === MINUTE ORDER END ===
|
|
Request |
|
|
|
| 277 |
Filed: 6/26/2019, Entered: None |
Legacy Minutes |
|
ORDER TO SHOW CAUSE RE:WHY MATTER SHOULD NOT REFERRED TO JUDICIAL REFEREE; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT C SHELBY; -; APPEARANCES:; ATTORNEY JACOB I MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY BRIEN J O'MEARA PRESENT FOR DEFENDANT/RESPONDENT.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; COURT RESERVES RULING IN REGARDS TO WHY MATTER SHOULD NOT BE JUDICIALLY REFERENCE UNTIL THE; PLEADINGS ARE IN ORDER. ; -; HEARINGS:; CURRENT HEARING CONTINUED TO 08/26/19 AT 08:30 IN DEPARTMENT S31.; NOTICE WAIVED.; ACTION - COMPLETE; === MINUTE ORDER END ===
|
|
Request |
|
|
|
| 276 |
Filed: 6/25/2019, Entered: None |
Opposition to Motion Filed |
|
OPPOSITION TO MOTION RE: SET ASIDE ENTRY OF DEFAULTS SET FOR HEARING ON 07/09/19, FILED BY DEFENDANT CLH PROJECT 1, LLC (IMAGED)
|
|
Request |
|
|
|
| 275 |
Filed: 6/25/2019, Entered: None |
Declaration Re: |
|
DECLARATION RE: KL SHARP IN SPPT OF OPPO TO MTN/SET ASIDE DFLT FILED BY CLH PROJECT 1, LLC
|
|
Request |
|
|
|
| 274 |
Filed: 6/21/2019, Entered: None |
Declaration Re: |
|
DECLARATION RE: IN RESPONSE TO OSC RE: SANCTIONS FILED BY ASSOCIATION BUILDING SERVICES INC
|
|
Request |
|
|
|
| 273 |
Filed: 6/21/2019, Entered: None |
Legacy Minutes |
|
EX-PARTE MOTION RE: CONTINUING THE 06/26/19 HEARINGS; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER CRAIG ANDERSON;11800; COURT ATTENDANT C SHELBY; -; APPEARANCES:; ATTORNEY JACOB I MOJARRO APPEARS BY COURTCALL FOR ASSOCIATION BUILDING SERVICES INC.; ATTORNEY BRIEN O'MEARA APPEARS BY COURTCALL FOR CLH PROJECT 1, LLC.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; EX-PARTE HEARING IS HELD.; EX PARTE APPLICATION ARGUED.; AFTER TESTIMONY AND DUE CONSIDERATION BY THE COURT :; -; COURT FINDS:; EX PARTE ORDERS TO CONTINUE ARE DENIED.; -; HEARINGS:; HEARING DATE OF 06/26/19 CONFIRMED.; ACTION - COMPLETE; === MINUTE ORDER END ===
|
|
Request |
|
|
|
| 272 |
Filed: 6/21/2019, Entered: None |
Declaration Re: |
|
DECLARATION RE: IN RESPONSE TO OSC RE: WHY MATTER SHOULD NOT BE FILED BY ASSOCIATION BUILDING SERVICES INC
|
|
Request |
|
|
|
| 271 |
Filed: 6/20/2019, Entered: None |
Miscellaneous Document Filed |
|
CLH'S OPPOSITION TO EX PARTE TO CONTINUE HEARINGS ON 06/26/19 FILED.
|
|
Request |
|
|
|
| 270 |
Filed: 6/19/2019, Entered: None |
Ex Parte Filed Re: |
|
EX PARTE RE: CONTINUING THE 06/26/19 HEARINGS FILED BY ASSOCIATION BUILDING SERVICES INC
|
|
Request |
|
|
|
| 269 |
Filed: 6/19/2019, Entered: None |
Filing Fee Paid by |
|
FILING FEE PAID BY ASSOCIATION BUILDING SERVICES INC FOR EX PARTE FEE; 190619-0931-CK MMF/ 60.00 CRU/ 30.00 PAYMT; 190619-0931-CK REFERENCE NUMBER 5660
|
|
Request |
|
|
|
| 268 |
Filed: 6/19/2019, Entered: None |
Reply Filed |
|
REPLY TO OPPOSITION TO MOTION RE:DEMURRER TO 3RD AMENDED COMPLAINT SET FOR HEARING ON 06/26/19 FILED BY CLH PROJECT 1, LLC. (IMAGED)
|
|
Request |
|
|
|
| 267 |
Filed: 6/19/2019, Entered: None |
Declaration Filed |
|
DECLARATION OF JACOB I. MOJARRO ISO OF PLA MTN FOR LEAVE FILED
|
|
Request |
|
|
|
| 266 |
Filed: 6/19/2019, Entered: None |
Proof Of Service Filed. |
|
PROOF OF SERVICE OF EX PARTE, MOTION, DECLARATION BY HAND DELIVERY ON 06/19/19 AS TO SEE MAIL LIST ON PROOF/SERVICE, FILED.
|
|
Request |
|
|
|
| 265 |
Filed: 6/19/2019, Entered: None |
Motion Filed |
|
MOTION RE: FOR LEAVE TO FILE A FOURTH AMENDED COMPLAINT SET FOR HEARING ON 07/12/19, FILED BY PLAINTIFF ASSOCIATION BUILDING SERVICES INC (IMAGED)
|
|
Request |
|
|
|
| 264 |
Filed: 6/19/2019, Entered: None |
Filing Fee Paid by |
|
FILING FEE PAID BY ASSOCIATION BUILDING SERVICES INC FOR MOTION FEE; 190619-0932-CK MMF/ 60.00 CRU/ 30.00 PAYMT; 190619-0932-CK REFERENCE NUMBER 5660
|
|
Request |
|
|
|
| 263 |
Filed: 6/17/2019, Entered: None |
Miscellaneous Document Filed |
|
PROOF OF SERVICE OF GENERAL DENIALS FILED.
|
|
Request |
|
|
|
| 262 |
Filed: 6/17/2019, Entered: None |
General Denial Filed |
|
GENERAL DENIAL FILED BY KENNETH GARDNER; REPRESENTED BY ATTORNEY MOJARRO LAW, P.C..
|
|
Request |
|
|
|
| 261 |
Filed: 6/17/2019, Entered: None |
General Denial Filed |
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GENERAL DENIAL FILED BY DOLORES BORUNDA; REPRESENTED BY ATTORNEY MOJARRO LAW, P.C..
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Request |
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| 260 |
Filed: 6/17/2019, Entered: None |
General Denial Filed |
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GENERAL DENIAL FILED BY ASSOCIATION BUILDING SERVICES,INC.; REPRESENTED BY ATTORNEY MOJARRO LAW, P.C..
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Request |
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| 259 |
Filed: 6/13/2019, Entered: None |
Opposition to Motion Filed |
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OPPOSITION TO MOTION RE: DEMURRER TO 3RD AMENDED COMPLAINT SET FOR HEARING ON 06/26/19, FILED BY PLAINTIFF ASSOCIATION BUILDING SERVICES INC (IMAGED)
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Request |
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| 258 |
Filed: 6/7/2019, Entered: None |
Document is Returned by Court for the Following Reason(s): |
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ANSWER TO SECOND AMENDED XCOMPLAINT IS RETURNED BY COURT FOR THE FOLLOWING REASON(S): BOTH DEF'S ARE IN DEFAULT AND CANNOT ANSWER THIS C OMPLAINT.
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Request |
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| 257 |
Filed: 6/7/2019, Entered: None |
Notice of Return of Document(s) |
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NOTICE OF RETURN OF DOCUMENT(S)
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Request |
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| 256 |
Filed: 6/6/2019, Entered: None |
Document is Returned by Court for the Following Reason(s): |
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MOTION FOR ORDER SETTING ASIDE DEFAULT IS RETURNED BY COURT FOR THE FOLLOWING REASON(S): DUPLICATE FILING. PREVIOUSLY FILED ON 06/05/19.
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Request |
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| 255 |
Filed: 6/6/2019, Entered: None |
Notice of Return of Document(s) |
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NOTICE OF RETURN OF DOCUMENT(S)
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Request |
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| 254 |
Filed: 6/5/2019, Entered: None |
Declaration Filed |
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DECLARATION OF RICHARD L GOOR, ESQ IN SUPPORT OF MOTION FILED
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Request |
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| 253 |
Filed: 6/5/2019, Entered: None |
Motion Filed |
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MOTION RE: FOR ORDER SETTING ASIDE ENTRY OF DEFAULT SET FOR HEARING ON 07/09/19, FILED BY DEFENDANT PACIFIC BARUNA CORP,, JOHN MANNO (IMAGED)
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Request |
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| 252 |
Filed: 6/5/2019, Entered: None |
Document is Returned by Court for the Following Reason(s): |
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PROPOSED ANSWER IS RETURNED BY COURT FOR THE FOLLOWING REASON(S): ANSWER MUST BE AS TO 2ND AMENDED CROSS COMPLAINT NOT 1ST AMENDED CROSS COMPLAINT.
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Request |
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| 251 |
Filed: 6/5/2019, Entered: None |
Legacy Minutes |
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ORDER TO SHOW CAUSE RE:WHY MATTER SHOULD NOT REFERRED TO JUDICIAL REFEREE; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT C SHELBY; -; APPEARANCES:; MOJARRO LAW PC FOR ASSOCIATION BUILDING SERVICES INC NOT PRESENT; ATTORNEY BRIEN J O'MEARA APPEARS BY COURTCALL FOR CLH PROJECT 1, LLC.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; 08:38; COURT NOTES PLAINTIFF FAILS TO APPEAR AND/OR CONTACT THE COURT REGARDING TODAY'S; NONAPPEARANCE. ; -; ATTORNEY O'MEARA REPRESENTS HE HAS NOT BEEN IN RECENT CONTACT WITH PLAINTIFF.; -; COURT CONTINUES TODAY'S HEARING AND SETS MATTER AS FOLLOWS:; -; HEARINGS:; CURRENT HEARING CONTINUED TO 06/26/19 AT 08:30 IN DEPARTMENT S31.; ORDER TO SHOW CAUSE RE : SANCTIONS (PLTF FTA 060519) SET FOR 06/26/19 AT 08:30 IN DEPARTMENT S31.; NOTICE TO BE GIVEN BY ATTORNEY O'MEARA.; ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
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| 250 |
Filed: 6/5/2019, Entered: None |
Defendant First Paper Fee Paid in Full |
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DEFENDANT PACIFIC BARUNA CORP,, JOHN MANNO FIRST PAPER FEE PAID IN FULL
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Request |
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| 249 |
Filed: 6/5/2019, Entered: None |
Filing Fee Paid by |
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FILING FEE PAID BY PACIFIC BARUNA CORP,, JOHN MANNO FOR COURT REPORTER FEES; 190605-0508-CK CRU/ 30.00 PAYMT; 190605-0508-CK REFERENCE NUMBER CK 3678185
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Request |
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| 248 |
Filed: 6/5/2019, Entered: None |
Filing Fee Paid by |
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FILING FEE PAID BY PACIFIC BARUNA CORP,, JOHN MANNO FOR 1ST APPEARANCE FEES; 190605-0507-CK CVT/ 870.00 PAYMT; 190605-0507-CK REFERENCE NUMBER CK 3678183
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Request |
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| 247 |
Filed: 6/5/2019, Entered: None |
Attorney Added for Defendant |
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ON 2ND AMENDED CROSS-COMPLAINT OF CLH PROJECT 1, LLC FOR PACIFIC BARUNA CORP,, JOHN MANNO, ATTORNEY SPILE LEFF &GOOR ADDED.
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Request |
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| 246 |
Filed: 6/5/2019, Entered: None |
Comment |
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VOL 7 RETAINED IN S31
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Request |
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| 245 |
Filed: 6/5/2019, Entered: None |
Declaration Filed |
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DECLARATION OF JOHN MANNO IN SUPPORT OF MOTION FILED
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Request |
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| 244 |
Filed: 6/5/2019, Entered: None |
Notice of Return of Document(s) |
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NOTICE OF RETURN OF DOCUMENT(S)
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Request |
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| 243 |
Filed: 5/21/2019, Entered: None |
Points and Authorities Filed |
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POINTS & AUTHORITIES FILED BY CLH PROJECT 1, LLC.
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Request |
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| 242 |
Filed: 5/21/2019, Entered: None |
Declaration |
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DECLARATION OF GOOD FAITH ATTEMPT TO MEET & CONFER
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Request |
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| 241 |
Filed: 5/21/2019, Entered: None |
Demurrer Filed |
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DEMURRER FILED BY CLH PROJECT 1, LLC; REPRESENTED BY LA JOLLA LAW GROUP(IMAGED); 190521-0963-CK MMF/ 60.00 CRU/ 30.00 PAYMT; 190521-0963-CK REFERENCE NUMBER D3682795
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Request |
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| 240 |
Filed: 5/21/2019, Entered: None |
Declaration Filed |
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DECLARATION OF BRIEN J O'MEARA, ESQ FILED
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Request |
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| 239 |
Filed: 5/21/2019, Entered: None |
Defendant First Paper Fee Paid in Full |
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DEFENDANT CLH PROJECT 1, LLC, CHAD HILTON, LETICIA HILTON FIRST PAPER FEE PAID IN FULL
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Request |
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| 238 |
Filed: 5/21/2019, Entered: None |
Request for Judicial Notice Filed |
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REQUEST FOR JUDICIAL NOTICE FILED.
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Request |
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| 237 |
Filed: 4/29/2019, Entered: None |
New Volume Made. Volume Includes Documents Filed Between |
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NEW VOLUME MADE. VOLUME 6 INCLUDES DOCUMENTS FILED BETWEEN 01/22/19 AND 01/31/19
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Request |
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| 236 |
Filed: 4/19/2019, Entered: None |
Declaration Filed |
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DECLARATION OF B.J.O'MEARA RE INABILITY TO COMPLY W/MEET & CONFER FILED
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Request |
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| 235 |
Filed: 4/19/2019, Entered: None |
Legacy Minutes |
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RULING ON SUBMITTED MATTER; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; -; COURT RULES AS FOLLOWS ON SUBMITTED MATTER:; CROSS-COMPLAINANT'S DEMURRER TO CROSS-COMPLAINT ; -; THE COURT WILL OVERRULE THE DEMURRER. CROSS-COMPLAINANT HAS ALLEGED SUFFICIENT FACTS; TO OVERRULE THE DEMURRER. CROSS-COMPLAINANT SHALL ANSWER WITH-IN 30 DAYS.; -; ANALYSIS:; CLAIMS AGAINST BORUNDA AND GARDNER. CROSS-DEFENDANTS FIRST ARGUE CLAIMS AGAINST; INDIVIDUAL CROSS-DEFENDANTS BORUNDA AND GARDNER ALL FAIL BECAUSE THE ACTION IS GROUNDED IN; CONTRACT, AND NEITHER BORUNDA NOR GARDNER WERE PARTIES TO THE UNDERLYING AGREEMENT. HOWEVER,; THE CLAIMS TO WHICH CROSS-DEFENDANTS NOW DEMUR ARE NOT GROUNDED IN CONTRACT; THEREFORE, THIS; ARGUMENT FAILS. ; -; CROSS-DEFENDANT GARDNER ALSO ARGUES ANY ALLEGATION HE IS PROHIBITED FROM WORKING FOR ABS; AS A BONA FIDE EMPLOYEE IS INCORRECT AS A MATTER OF LAW UNDER BUSINESS & PROFESSIONS CODE SECTION; 7121. A NUMBER OF CLH'S CLAIMS AGAINST GARDNER ARISE FROM ALLEGED PARTICIPATION AS ABS'S SOLE; REPRESENTATIVE ON THE PROJECT. ; -; WHILE GARDNER IS CORRECT IF THE ALLEGATIONS ARE TRUE HE IS NOT PROHIBITED FROM ACTING AS AN; EMPLOYEE, THE SACC ALLEGES GARDNER WORKED IN A MANAGEMENT CAPACITYCLEARLY PROHIBITED UNDER; SECTION 7121. THEREFORE, ANY ARGUMENT THAT GARDNER IS SOMEHOW SHIELDED FROM THIS ACTION BY; OPERATION OF SECTION 7121 FAILS. ; -; SECOND CAUSE OF ACTION FOR FRAUD/DECEIT. "[T]HE ELEMENTS OF AN ACTION FOR FRAUD AND DECEIT BASED; ON A CONCEALMENT ARE: (1) THE DEFENDANT MUST HAVE CONCEALED OR SUPPRESSED A MATERIAL FACT, (2) THE; DEFENDANT MUST HAVE BEEN UNDER A DUTY TO DISCLOSE THE FACT TO THE PLAINTIFF, (3) THE; DEFENDANT MUST HAVE INTENTIONALLY CONCEALED OR SUPPRESSED THE FACT WITH THE INTENT TO DEFRAUD; THE PLAINTIFF, (4) THE PLAINTIFF MUST HAVE BEEN UNAWARE OF THE FACT AND WOULD NOT HAVE ACTED AS; HE DID IF HE HAD KNOWN OF THE CONCEALED OR SUPPRESSED FACT, AND (5) AS A RESULT OF THE; CONCEALMENT OR SUPPRESSION OF THE FACT, THE PLAINTIFF MUST HAVE SUSTAINED DAMAGE." (BOSCHMA; V. HOME LOAN CENTER, INC. (2011) 198 CAL.APP.4TH 230, 248.); -; HERE, THE SECOND CAUSE OF ACTION FOR FRAUD/DECEIT ALLEGES GARDNER AND BORUNDA, INDIVIDUALLY AND ON; BEHALF OF ABS, REPEATEDLY THROUGHOUT THE ALLEGED CONSTRUCTION OF THE PROJECT FROM JULY 2016; THROUGH OCTOBER 2017, KNEW YET FAILED TO DISCLOSE AND ADVISE CLH THAT GARDNER, WHO WAS; THE ONLY ACTUAL PERSON WORKING FOR ABS, HAD HIS CONTRACTOR'S LICENSE SUSPENDED AND WAS; PROHIBITED FROM WORKING FOR ABS OR ANY CONTRACTOR; THAT ABS AND BORUNDA WERE; CONTRACTING OUT OF CLASSIFICATION; AND THAT CROSS-DEFENDANTS HAD PREVIOUSLY OBTAINED THE; ARCHITECTURAL AND LANDSCAPING PLANS PRIOR TO ENTERING INTO THE CONTRACT WITH CLH.; CROSS-DEFENDANTS FAILED TO DISCLOSE AND INTENTIONALLY MISREPRESENTED THAT PERMITS HAD; BEEN OBTAINED; INTENTIONALLY DEMANDED MONIES FROM CLH FOR PERMITS CROSS-DEFENDANTS KNEW THEY; WOULD NOT ATTEMPT TO ACQUIRE; AND KNEW WHEN THE R CORDED THE TWO MECHANICS LIENS; THEY WERE VOID AND UNENFORCEABLE BECAUSE WORK HAD STOPPED ON THE PROJECT WELL BEFORE AUGUST 2017.; WHEN THE CONTRACT WAS ENTERED INTO ON JULY 19, 2016, CROSS-DEFENDANTS REPRESENTED ORALLY AND IN; THE CONTRACT THAT IT WOULD COST $106,484 FOR THE INITIAL PERMITS AND FEES, AND $100,000 FOR; OFFSITE COSTS. (SACC, PARAGRAPHS 49-50.) ; -; THESE REPRESENTATIONS WERE FALSE WHEN MADE AND WERE MADE WITH THE INTENTION OF INDUCING CLH'S; RELIANCE. CROSS-DEFENDANTS KNEW THE REPRESENTATIONS WERE FALSE BECAUSE THEY FAILED; TO PROVIDE ANY RECORDS OF THE EXPENSES WHEN REQUESTED FOR APPROVAL OF THE CONSTRUCTION LOAN.; CROSS-DEFENDANTS WERE AWARE OF THE TRUTH WHEN THE MISREPRESENTATIONS WERE MADE, AND KNEW CLH; WOULD LIKELY BE MISLED. THEY ALSO KNEW GARDNER WAS PROHIBITED BY LAW TO WORK FOR ABS IN A; MANAGEMENT CAPACITY. CLH WAS IGNORANT OF THE TRUTH AND BELIEVED THE MISREPRESENTATIONS WERE; TRUE, AND RELIED ON THEM AND WAS INDUCED TO ENTER INTO THE CONTRACT TO DEVELOP THE PROPERTY.; (SACC, PARAGRAPHS 51-55.) ; -; CROSS-DEFENDANTS FIRST ARGUE THERE IS NO CAUSATION BETWEEN THE EVENTS PLED AND THE FRAUD; THAT OCCURRED. THEY ARGUE FAILURE TO PRODUCE PAYMENTS DOES NOT INDICATE ANY INTENT TO; DECEIVE. HOWEVER, THE FAILURE TO PRODUCE PAYMENTS IS NOT PLED TO SUPPORT INTENT TO; DECEIVE, BUT RATHER KNOWLEDGE OF THE TRUTH. FURTHER, THE PRIMARY DECEPTIVE CONDUCT ALLEGED; RELATES TO THE ALLEGED REPRESENTATION THAT GARDNER WAS ASB'S MANAGER, EVEN THOUGH HE WAS; PROHIBITED FROM ACTING IN THAT CAPACITY BY LAW. ; -; CROSS-DEFENDANTS NEXT ARGUE THE ALLEGATIONS REMAIN INSUFFICIENTLY SPECIFIC TO PLEAD A CLAIM; GROUNDED IN FRAUD, ESPECIALLY BECAUSE THE COURT PREVIOUSLY SUSTAINED THE DEMURRER TO THIS CLAIM; WITH LEAVE TO AMEND. CROSS-DEFENDANTS ASSERT THE NEW ALLEGATIONS PLED FAIL TO REMEDY THE; DEFECTS AND FAIL TO ADEQUATELY PLED HOW, WHEN, WHERE, TO WHOM, AND BY WHAT MEANS VARIOUS; REPRESENTATIONS WERE TENDERED. ; -; IN OPPOSITION, CLH POINTS OUT THE DISTINCTION BETWEEN A CLAIM FOR FRAUD BY DECEIT IS; FUNDAMENTALLY DISTINGUISHABLE FROM A CLAIM FOR FRAUD BY MISREPRESENTATION. BY ITS VERY NATURE,; A DECEIT INVOLVES FAILURE TO DISCLOSE INFORMATION RATHER THAN AN AFFIRMATIVE STATEMENT OF A; FALSITY. CLH HAS ALLEGED EACH OF THE MOVING PARTY CROSS-DEFENDANTS FAILED TO DISCLOSE; GARDNER WAS PROHIBITED FROM WORKING FOR ABS PARTICULARLY AS A MANAGER, EVEN THOUGH HE WAS; THE ONLY ACTUAL PERSON WORKING FOR ABS; THAT ABS AND BORUNDA WERE CONTRACTING OUT OF; CLASSIFICATION; AND THAT CROSS-DEFENDANTS HAD PREVIOUSLY OBTAINED ARCHITECTURAL AND LANDSCAPING; PLANS. ; -; THESE ALLEGATIONS EXPRESSLY PROVIDE WHAT WAS KEPT FROM CLH; THE TIME PERIOD THE INFORMATION WAS NOT; DIVULGED; AND WHO FAILED TO DIVULGE IT. IN A CLAIM FOR DECEIT, THERE IS NO "WHERE" AND "BY; WHAT MEANS VARIOUS REPRESENTATIONS WERE TENDERED," BECAUSE THE WHOLE POINT IS THAT; REQUIRED REPRESENTATIONS WERE NOT IN FACT TENDERED. THE CLAIM IS SUFFICIENTLY PLED.; -; THIRD CAUSE OF ACTION FOR NEGLIGENT MISREPRESENTATION. "NEGLIGENT MISREPRESENTATION; IS A SEPARATE AND DISTINCT TORT, A SPECIES OF THE TORT OF DECEIT. 'WHERE THE DEFENDANT MAKES; FALSE STATEMENTS, HONESTLY BELIEVING THAT THEY ARE TRUE, BUT WITHOUT REASONABLE GROUND FOR SUCH; BELIEF, HE MAY BE LIABLE FOR NEGLIGENT MISREPRESENTATION, A FORM OF DECEIT.'" (BILY V.; ARTHUR YOUNG & CO. (1992) 3 CAL.4TH 370, 407-408.) "THE ELEMENTS OF NEGLIGENT; MISREPRESENTATION ARE (1) A MISREPRESENTATION OF A PAST OR EXISTING MATERIAL FACT, (2) MADE; WITHOUT REASONABLE GROUND FOR BELIEVING IT TO BE TRUE, (3) MADE WITH THE INTENT TO INDUCE; ANOTHER'S RELIANCE ON THE FACT MISREPRESENTED, (4) JUSTIFIABLE RELIANCE ON THE; MISREPRESENTATION, AND (5) RESULTING DAMAGE." (RAGLAND V. U.S. BANK NATIONAL ASSN. (2012) 209; CAL.APP.4TH 182,196.) ; -; HERE, THE BASIS FOR THE DEMURRER TO THE THIRD CAUSE OF ACTION FOR NEGLIGENT MISREPRESENTATION; IS THE SAME AS THAT FOR THE FRAUD/DECEIT CAUSE OF ACTION DISCUSSED ABOVE, WHICH IS SUFFICIENTLY; PLED. ; -; FOURTH CAUSE OF ACTION FOR NEGLIGENCE. "THE ELEMENTS OF A CAUSE OF ACTION FOR NEGLIGENCE ARE; WELL ESTABLISHED. THEY ARE '(A) A LEGAL DUTY TO USE DUE CARE; (B) A BREACH OF SUCH LEGAL DUTY;; [AND] (C) THE BREACH AS THE PROXIMATE OR LEGAL CAUSE OF THE RESULTING INJURY.'" (LADD V. COUNTY; OF SAN MATEO (1996) 12 CAL.4TH 913, 917.) ; -; HERE, THE FOURTH CAUSE OF ACTION ALLEGES CROSS-DEFENDANTS WERE THE "CONTRACTORS" FOR THE; PROJECT. GARDNER WAS NOT DULY LICENSED BY CSLB TO CONDUCT BUSINESS AS A CONTRACTOR, BUT; PROVIDED ALL THE WORK AND SERVICES, UNSUPERVISED BY ANYONE. GARDNER'S LICENSE WAS REVOKED ON; SEPTEMBER 29, 2005 BY THE REGISTRAR OF CONTRACTORS. AS SUCH, GARDNER WAS NOT PERMITTED; TO ACT FOR OR ON BEHALF OF A LICENSED CONTRACTOR, OTHER THAN AS A BONA FIDE NON-SUPERVISING; EMPLOYEE PURSUANT TO BUSINESS & PROFESSIONS CODE SECTION 7121.6(B). THE QUALIFYING INDIVIDUAL IS; RESPONSIBLE FOR EXERCISING DIRECT SUPERVISION AND CONTROL OF CONSTRUCTION OPERATIONS. BORUNDA; WAS ABS'S QUALIFYING INDIVIDUAL, BUT FAILED TO EXERCISE DIRECT SUPERVISION AND CONTROL OF ANY; OF THE CONSTRUCTION ACTIVITIES. CROSS-DEFENDANTS ALSO FAILED TO COMPLY WITH; NUMEROUS PROVISIONS OF THE BUSINESS AND PROFESSIO S CODE REQUIRING WORK TO; BE COMPLETED IN A REASONABLE, PROFESSIONAL, AND WORKMANLIKE MANNER. (SACC, PARAGRAPHS 68-74); -; THE FOURTH CAUSE OF ACTION FURTHER ALLEGES SPECIFICALLY, CROSS-DEFENDANTS WERE NEGLIGENT; AND DEVIATED FROM THE STANDARD OF CARE ESTABLISHED BY THE BUSINESS & PROFESSIONS CODE; BY FAILING TO OBTAIN PERMITS FOR THE PROJECT; DEMANDING AND TAKING PAYMENT FOR CONSTRUCTION; SERVICES NOT PROVIDED; AND FAILING TO PROVIDE INVOICES AND DOCUMENTS FOR ALLEGED CONSTRUCTION; SERVICES. ABS AND BORUNDA WERE NEGLIGENT AND FAILED TO FOLLOW THE STANDARD OF CARE IN THE; INDUSTRY BY FAILING TO HAVE BORUNDA EXERCISE DIRECT SUPERVISION AND CONTROL OF THE; CONSTRUCTION OPERATION. CROSS-DEFENDANTS WERE NEGLIGENT BY ALLOWING GARDNER TO SUPERVISE THE; PROJECT; BY ABANDONING THE PROJECT; AND BY FAILING TO MAKE AND KEEP PROPER RECORDS AND; PROVIDE THEM UPON REQUEST. BORUNDA WAS NEGLIGENT BY MISREPRESENTING IN HER CONTRACTOR'S; LICENSE APPLICATION THAT SHE WAS THE QUALIFYING PERSON WHEN SHE KNEW GARDNER WOULD BE MANAGING; THE BUSINESS. ABS AND BORUNDA WERE NEGLIGENT IN FAILING TO PROSECUTE THE PROJECT WITH REASONABLE; DILIGENCE. (SACC, PARAGRAPH 75.) ; -; THE FOURTH CAUSE OF ACTION FURTHER ALLEGES THE INJURIES AND DAMAGE ARE THOSE THE CITED; STATUTORY PROVISIONS WERE DESIGNED TO PREVENT, AND CLH IS BELONGS TO THE CLASS OF PERSONS FOR; WHOSE PROTECTION THEY WERE DESIGNED. (SACC, PARAGRAPHS 76-77.); -; EVIDENCE CODE SECTION 669(A) ESTABLISHES THE DOCTRINE OF NEGLIGENCE PER SE.; -; HARKING BACK TO THE ARGUMENT RAISED ABOVE IN CONNECTION WITH GARDNER ALONE, CROSS-DEFENDANTS; ARGUE THE SACC IS INCONSISTENT INSOFAR AS IT ALLEGES GARDNER, BORUNDA AND ABS WERE ALL; CONTRACTORS, WHILE SIMULTANEOUSLY ALLEGING ABS ALONE WAS THE CONTRACTOR UNDER THE WRITTEN; AGREEMENT. HOWEVER, BUSINESS & PROFESSIONS CODE SECTION 7121 PROVIDES A CONTRACTOR WHOSE PRIOR; LICENSE HAS BEEN REVOKED MAY NOT ACT IN A MANAGERIAL CAPACITY. CLH NOW ALLEGES GARDNER; ACTED IN SUCH CAPACITY IN VIOLATION OF SECTION 7121. ASSUMING THE DOCTRINE OF NEGLIGENCE PER; SE APPLIES, IF GARDNER ACTED AS A MANAGER UNDER ABS'S LICENSE, IT COULD CONSTITUTE A VIOLATION; BY BOTH GARDNER AND BORUNDA. ; -; CROSS-DEFENDANTS NEXT ARGUE CLH IMPROPERLY SEEKS TO IMPOSE LIABILITY FOR THE SAME MISCONDUCT ON; BOTH A BREACH OF CONTRACT THEORY AND A NEGLIGENCE PER SE THEORY. HOWEVER, A PLAINTIFF; IS PERMITTED TO PLEAD "INCONSISTENT COUNTS" -- "I.E., ALTERNATIVE FACTUAL OR LEGAL THEORIESWHEN; THE PLEADER IS IN DOUBT AS TO WHICH THEORY MOST ACCURATELY REFLECTS THE EVENT S AND CAN BE; ESTABLISHED BY THE EVIDENCE." (CROWLEY V. KATLEMAN (1994) 8 CAL.4TH 666, 691.) "THE; PLAINTIFF REMAINS FREE TO ALLEGE ANY AND ALL "INCONSISTENT COUNTS" THAT A REASONABLE ATTORNEY; WOULD FIND LEGALLY TENABLE ON THE BASIS OF THE FACTS KNOWN TO THE PLAINTIFF AT THE TIME." (ID.); EVEN IF THE INJURY COULD NOT RESULT FROM BREACHES UNDER BOTH THEORIES PLED, CLH IS PERMITTED TO; MAINTAIN BOTH CAUSES OF ACTION AT THE PLEADING ST GE.; -; NEXT, CROSS-DEFENDANTS ARGUE THAT AS IN THE PRIOR DEMURRER, THERE IS NO INDICATION THE BUSINESS &; PROFESSIONS CODES PLED WERE INTENDED TO GIVE RISE TO A PRIVATE INDEPENDENT NEGLIGENCE CLAIM.; "THE CSLL [CONTRACTOR STATE LICENSING LAW] PROVIDES "A COMPREHENSIVE SCHEME WHICH GOVERNS; CONTRACTORS DOING BUSINESS IN CALIFORNIA." (ASDOURIAN V. ARAJ (1985) 38 CAL.3D 276, 282; [211 CAL. RPTR. 703, 696 P.2D 95] (ASDOURIAN).) "THE PURPOSE OF THE LICENSING LAW IS TO PROTECT; THE PUBLIC FROM INCOMPETENCE AND DISHONESTY IN THOSE WHO PROVIDE BUILDING AND CONSTRUCTION; SERVICES. [CITATION.] THE LICENSING REQUIREMENTS PROVIDE MINIMAL ASSURANCE THAT ALL PERSONS; OFFERING SUCH SERVICES IN CALIFORNIA HAVE THE REQUISITE SKILL AND CHARACTER, UNDERSTAND; APPLICABLE LOCAL LAWS AND CODES, AND KNOW THE RUDIMENTS OF ADMINISTERING A CONTRACTING BUSINESS; " ; HYDROTECH SYSTEMS, LTD. V. OASIS WATERPARK (1991) 52 CAL.3D 988, 995 [277 CAL. RPTR. 517, 803 P.2D; 370] (HYDROTECH).) FOR PURPOSES OF THE CSLL, "A CONTRACTOR IS ANY PERSON WHO UNDERTAKES TO OR; OFFERS TO UNDERTAKE TO...,OR DOES HIMSELF OR HERSELF OR BY OR THROUGH OTHERS, CONSTRUCT,; ALTER, [OR] REPARIR...ANY...STRUCTURE, PROJECT, DEVELOPMENT OR IMPROVEMENT, OR TO DO ANY PART; THEREOF... ." (SECTION 7026.) THERE IS NO DISPUTE THE WORK UNDERTAKEN BY FACILITIES IN THE; CONTRACT REQUIRED A CONTRACTOR'S LICENSE." (JUDICIAL COUNCIL OF CALIFORNIA V. JACOBS; FACILITIES, INC. (2015) 239 CAL.APP.4TH 882, 894-895.); -; HERE, CLH ALLEGES CROSS-DEFENDANTS VIOLATED BUSINESS & PROFESSIONS CODE SECTION 7121 AND; OTHER SPECIFIED PROVISIONS OF THE CONTRACTOR STATE LICENSING LAW; THAT CLH WAS INJURED BY; CROSS-DEFENDANTS' VIOLATION BECAUSE IT RELIED ON THEM TO ACT COMPETENTLY AND PROFESSIONALLY; THEY; LOST THEIR INVESTMENT AS A RESULT; AND THEY ARE MEMBERS OF THE PUBLIC INTENDED FOR PROTECTION; UNDER JUDICIAL COUNCIL OF CALIFORNIA V. JACOBS FACILITIES, INC., SUPRA. THEREFORE, THIS; ARGUMENT IN THE DEMURRER FAILS. ; -; THE SACC ALLEGES WHEN ALLEGING BORUNDA NEGLIGENTLY MISREPRESENTED SHE WAS THE HOLDER OF; THE CONTRACTORS' LICENSE WHEN SHE KNEW GARDNER WOULD BE ACTUALLY MANAGING THE PROJECT.; CROSS-DEFENDANTS ARGUE THIS IS INCONSISTENT WITH THE ALLEGATION IN THE SACC THAT BORUNDA IS THE; QUALIFYING INDIVIDUAL FOR ABS. HOWEVER, THIS IS NOT INCONSISTENT AT ALL AND REINFORCES THE; POINTABS ALLEGES BORUNDA WAS THE REGISTERED QUALIFYING INDIVIDUAL BUT IN FACT GARDNER; HANDLED EVERYTHING ON ABS'S BEHALF, RATHER THAN BORUNDA.; -; CROSS-DEFENDANTS FURTHER ARGUE THAT OTHER VIOLATIONS ALLEGED ARE INSUFFICIENTLY SUPPORTED; BY FACTUAL ALLEGATIONS. FOR EXAMPLE, CLH ALLEGES GARDNER ACTED NEGLIGENTLY IN USING ABS'S; LICENSE IN VIOLATION OF BUSINESS & PROFESSIONS CODE 7117. CROSS-DEFENDANTS ARGUE THERE ARE NO; FACTS SUPPORTING THE ALLEGATION THAT GARDNER WAS NOT UNDER BORUNDA'S SUPERVISION. YET THE; ALLEGATIONS ARE NOT OVERLY CONCLUSORY AND ARE SUFFICIENT IN AND OF THEMSELVES.; -; CROSS-DEFENDANTS FURTHER ARGUE CAUSATION IS INSUFFICIENTLY PLED. HOWEVER, CLH ALLEGES IT; INCURRED DAMAGES BASED ON CROSS-DEFENDANTS' UNPROFESSIONAL CONDUCT, INCLUDING FAILING TO; MAINTAIN PROPER RECORDS RESULTING IN A DENIAL OF THE CONSTRUCTION LOAN. IF A COMPETENT AND; PROPERLY LICENSED INDIVIDUAL WAS HANDLING THE PROJECT, A LIBERAL CONSTRUCTION COULD PROVIDE; THE RECORDS WOULD HAVE BEEN PROPERLY PREPARED AND THE LOAN WOULD HAVE BEEN APPROVED.; -; NOTICE GIVEN BY JUDICIAL ASSISTANT; CORRESPONDENCE COVERSHEET GENERATED TO MAIL MINUTE ORDER/COURT'S RULING TO COUNSEL OF RECORD.; ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
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| 234 |
Filed: 4/19/2019, Entered: None |
Legacy Minutes |
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RULING ON SUBMITTED MATTER; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; -; COURT RULES AS FOLLOWS ON SUBMITTED MATTER:; PLAINTIFF ASSOCIATION BUILDING SERVICES, INC'S MOTION FOR LEAVE TO FILE FOURTH AMENDED; COMPLAINT ; -; THE COURT RULES AS FOLLOWS:; 1. PLAINTIFF/CROSS-DEFENDANT ASSOCIATION BUILDING; SERVICES, INC.'S REQUEST FOR JUDICIAL NOTICE IS GRANTED.; -; 2. DEFENDANT/CROSS-COMPLAINANT CLH PROJECT 1, LLC'S; REQUEST FOR JUDICIAL NOTICE IS GRANTED. ; -; 3. DEFENDANT/CROSS-COMPLAINANT CLH PROJECT 1, LLC'S; OBJECTIONS 1 TO THE MOJARRO DECLARATION IS SUSTAINED AS HEARSAY, AND OBJECTIONS 3, 5, AND 6; TO THE MOJARRO DECLARATION ARE SUSTAINED AS LACKING FOUNDATION. OBJECTIONS 2, 4, AND 7-9 TO; THE MOJARRO DECLARATION ARE OVERRULED. ; -; 4. PLAINTIFF/CROSS-DEFENDANT ASSOCIATION BUILDING; SERVICES, INC.'S MOTION FOR LEAVE TO FILE A FOURTH AMENDED COMPLAINT IS DENIED WITHOUT; PREJUDICE. MOVING PARTY FAILS TO COMPLY WITH CIVIL CODE SECTION 1714.10 IN THAT IT FAILS TO; MAKE AN ADEQUATE PRIMA FACIE SHOWING THAT THE NEW CLAIMS AGAINST PROPOSED DEFENDANTS LA JOLLA; LAW GROUP, SHARP, AND O'MEARA ARE ADEQUATE. THE PROPOSED FOURTH AMENDED COMPLAINT FAILS TO ALLEGE; COUNSEL HAD AN INDEPENDENT LEGAL DUTY TO ABS OR THAT THEIR ACTS WERE IN FURTHERANCE OF THEIR OWN; FINANCIAL GAIN. THE PROPOSED SIXTH CAUSE OF ACTION TO SET ASIDE FRAUDULENT TRANSFER OF REAL; PROPERTY AGAINST DEFENDANT A&A REIT, WHICH ALSO EFFECTIVELY CONSTITUTES THE BASIS FOR THE; SEVENTH CAUSE OF ACTION FOR CONSPIRACY, ALSO FAILS BECAUSE IT DOES NOT ALLEGE A&A REIT DID NOT; PAY A ; REASONABLY EQUIVALENT VALUE FOR THE PROPERTY. (CIVIL CODE SECTION 3439.08(A).) BECAUSE THESE; CAUSES OF ACTION ARE INTERTWINED, THE COURT EXERCISES ITS DISCRETION TO DENY LEAVE TO AMEND; IN ITS ENTIRETY, BUT WITHOUT PREJUDICE BECAUSE THE DEFECTS CAN POTENTIALLY BE CURED.; -; 5. DEFENDANT/CROSS-COMPLAINANT CLH PROJECT 1, LLC'S; REQUEST FOR SANCTIONS IS DENIED. ; -; NOTICE GIVEN BY JUDICIAL ASSISTANT; CORRESPONDENCE COVERSHEET GENERATED TO MAIL MINUTE ORDER/COURT'S RULING TO COUNSEL OF RECORD.; ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
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| 233 |
Filed: 4/18/2019, Entered: None |
Legacy Minutes |
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MOTION RE: FOR LEAVE TO FILE FOURTH AMENDED COMPLAINT FILED BY PLAINTIFF ASSOCIATION BUILDING SERVICES INC; JOHN M PACHECO,JUDGE; CLERK: AMIE ARROYO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT P HERNANDEZ; -; APPEARANCES:; ATTORNEY JACOB MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY KENT SHARP PRESENT FOR DEFENDANT CLH PROJECT 1, LLC.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; -; MOTION; ASSOCIATION BUILDING SERVICES INC'S MOTION RE: FOR LEAVE TO FILE 4TH AMENDED COMPLAINT IS HEARD.; ARGUED BY COUNSEL AND SUBMITTED.; -; MATTER TAKEN UNDER SUBMISSION.; -; ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
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| 232 |
Filed: 4/18/2019, Entered: None |
Legacy Minutes |
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ORDER TO SHOW CAUSE RE:WHY MATTER SHOULD NOT REFERRED TO JUDICIAL REFEREE; JOHN M PACHECO,JUDGE; CLERK: AMIE ARROYO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT P HERNANDEZ; -; APPEARANCES:; ATTORNEY JACOB MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY KENT SHARP PRESENT FOR DEFENDANT CLH PROJECT 1, LLC.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; IN LIGHT OF THE COURT TAKING TODAY'S MOTION UNDER SUBMISSION, THIS HEARING IS CONTINUED AS FOLLOWS:; -; HEARINGS:; CURRENT HEARING CONTINUED TO 06/05/19 AT 08:30 IN DEPARTMENT S31.; NOTICE GIVEN BY JUDICIAL ASSISTANT; CORRESPONDENCE COVERSHEET GENERATED TO MAIL MINUTE ORDER TO COUNSEL OF RECORD.; ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
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| 231 |
Filed: 4/18/2019, Entered: None |
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MOTION RE: DEMURRER (0215190 FILED BY PLAINTIFF ASSOCIATION BUILDING SERVICES,INC., KENNETH GARDNER, DOLORES BORUNDA; JOHN M PACHECO,JUDGE; CLERK: AMIE ARROYO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT P HERNANDEZ; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; -; MOTION; ASSOCIATION BUILDING SERVICES INC, KENNETH GARDNER, DOLORES BORUNDA'S MOTION RE: DEMURRER IS HEARD.; -; DEFENSE SUBMITS ON COURT'S TENTATIVE RULING WITHOUT ARGUEMENT.; ORAL ARGUMENT PRESENTED BY PLAINTIFF .; -; MATTER TAKEN UNDER SUBMISSION.; ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
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| 230 |
Filed: 4/11/2019, Entered: None |
Declaration Re: |
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DECLARATION RE: JI MOJARRO PURSUANT TO 03/18/19 COURT ORDER FILED BY ASSOCIATION BUILDING SERVICES INC
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Request |
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| 229 |
Filed: 4/11/2019, Entered: None |
Reply Filed |
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REPLY TO CLH'S OBJECTIONS TO EVIDENCE TO MOTION RE:LEAVE TO FILE 4TH AMENDED COMPLAINT SET FOR HEARING ON 04/18/19 FILED BY ASSOCIATION BUILDING SERVICES INC, KENNETH GARDNER, DOLORES BORUNDA. (IMAGED)
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Request |
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| 228 |
Filed: 4/11/2019, Entered: None |
Reply Filed |
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REPLY TO OPPOSITION TO MOTION RE:LEAVE TO FILE 4TH AMENDED COMPLAINT SET FOR HEARING ON 04/18/19 FILED BY ASSOCIATION BUILDING SERVICES INC, KENNETH GARDNER, DOLORES BORUNDA. (IMAGED)
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Request |
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| 227 |
Filed: 4/11/2019, Entered: None |
Proof Of Service Filed. |
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PROOF OF SERVICE OF 2 REPLIES/DECL/PROPOSED ORDER BY OVERNIGHT DELIVERY ON 04/11/19 AS TO BRIEN J OMEARA, ESQ, FILED.
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Request |
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| 226 |
Filed: 4/5/2019, Entered: None |
Volume Begins on this Date |
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VOLUME #5 BEGINS ON THIS DATE.
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Request |
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| 225 |
Filed: 4/5/2019, Entered: None |
Opposition to Motion Filed |
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OPPOSITION TO MOTION RE: LEAVE TO FILE 4TH AMENDED COMPLAINT SET FOR HEARING ON 04/18/19, FILED BY DEFENDANT CLH PROJECT 1, LLC (IMAGED)
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Request |
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| 224 |
Filed: 4/5/2019, Entered: None |
Legacy Minutes |
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EX PARTE HEARING RE: TO CONT MTN FOR LEAVE TO FILE 4TH AMENDED COMPLNT; JOHN M PACHECO,JUDGE; CLERK: AMIE ARROYO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT P HERNANDEZ; -; APPEARANCES:; ATTORNEY JACOB MOJARRO PRESENT FOR PLAINTIFF.; ATTORNEY KENT SHARP PRESENT FOR DEFENDANT CLH PROJECT 1, LLC.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; EX-PARTE HEARING IS HELD.; EX PARTE APPLICATION ARGUED.; MATTER TAKEN UNDER SUBMISSION.; -; 02:00; COURT RULES AS FOLLOWS ON SUBMITTED MATTER: ; MOTION IS DENIED IN PART. ; COUNSEL FOR DEFENDANT SHALL HAVE UNTIL 4PM ON 04/10/19 TO FILE THEIR OPPOSITION AND ANY REPLY; IS TO BE FILED BY 4PM ON 04/11/19. ; -; NOTICE GIVEN BY JUDICIAL ASSISTANT; (VIA ELECTRONIC MAIL); ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
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| 223 |
Filed: 4/5/2019, Entered: None |
Declaration Filed |
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DECLARATION OF BRIEN J O'MEARA FILED
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Request |
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| 222 |
Filed: 4/5/2019, Entered: None |
Request for Judicial Notice Filed |
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REQUEST FOR JUDICIAL NOTICE FILED.
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Request |
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| 221 |
Filed: 4/5/2019, Entered: None |
Objection Filed |
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OBJECTION TO DEC OF JACOB I MOJARRO FILED BY DEF CLH PROJECT 1
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Request |
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| 220 |
Filed: 4/4/2019, Entered: None |
Filing Fee Paid by |
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FILING FEE PAID BY CLH PROJECT 1, LLC FOR EX PARTE; 190404-0433-CK MMF/ 60.00 CRU/ 30.00 PAYMT; 190404-0433-CK REFERENCE NUMBER 3672343
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Request |
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| 219 |
Filed: 4/4/2019, Entered: None |
Ex Parte Filed |
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EX PARTE TO CONT MTN FOR LEAVE TO FILE 4TH AMENDED COMPLNT FILED.
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Request |
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| 218 |
Filed: 4/4/2019, Entered: None |
Declaration Filed |
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DECLARATION OF BRIEN J O'MEARA FILED
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Request |
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| 217 |
Filed: 3/27/2019, Entered: None |
Declaration Filed |
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DECLARATION OF JACOB I MOJARRO FILED
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Request |
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| 216 |
Filed: 3/27/2019, Entered: None |
Request for Judicial Notice Filed |
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REQUEST FOR JUDICIAL NOTICE FILED.
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Request |
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| 215 |
Filed: 3/27/2019, Entered: None |
Miscellaneous Document Filed |
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PROOF OF SERVICE OF MOTION FILED.
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Request |
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| 214 |
Filed: 3/27/2019, Entered: None |
Motion Filed |
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MOTION RE: FOR LEAVE TO FILE FOURTH AMENDED COMPLAINT SET FOR HEARING ON 04/18/19, FILED BY PLAINTIFF ASSOCIATION BUILDING SERVICES INC (IMAGED); 190327-0893-CK MMF/ 60.00 CRU/ 30.00 PAYMT; 190327-0893-CK REFERENCE NUMBER 5565
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Request |
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| 213 |
Filed: 3/19/2019, Entered: None |
Filing Fee Paid by |
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FILING FEE PAID BY ASSOCIATION BUILDING SERVICES INC FOR FAX FEES; 190320-0321-MC FAX/ 27.00 PAYMT
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Request |
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| 212 |
Filed: 3/19/2019, Entered: None |
Amended Complaint Filed |
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AMENDED COMPLAINT FILED -- AMENDING 3RD AMENDED COMPLAINT (UNLIMITED) OF ASSOCIATION BUILDING SERVICES INC
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Request |
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| 211 |
Filed: 3/19/2019, Entered: None |
Update Party Address |
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PARTY LETICIA HILTON UPDATED: NAME DESCRIPTION
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Request |
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| 210 |
Filed: 3/19/2019, Entered: None |
Update Party Address |
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PARTY CHAD HILTON UPDATED: NAME DESCRIPTION
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Request |
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| 209 |
Filed: 3/18/2019, Entered: None |
Comment |
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VOL 6 KEPT IN S31
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Request |
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| 208 |
Filed: 3/18/2019, Entered: None |
Legacy Minutes |
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MOTION RE: DEMURRER (0215190 FILED BY PLAINTIFF ASSOCIATION BUILDING SERVICES,INC., KENNETH GARDNER, DOLORES BORUNDA; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT P HERNANDEZ; -; APPEARANCES:; ATTORNEY JACOB I MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY BRIEN J O'MEARA PRESENT FOR DEFENDANT/RESPONDENT.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; -; MOTION; KENNETH GARDNER, DOLORES BORUNDA'S MOTION DEMURRER AS TO CROSS-COMPLAINT IS HEARD.; COUNSEL APPEARING FOR TODAY'S HEARING ARE PROVIDED WITH THE COURT'S TENTATIVE DECISION.; ARGUED BY COUNSEL AND SUBMITTED.; -; COURT FINDS:; FAILURE TO PROPERLY MEET AND CONFER: THE DEMURRER IS SUPPORTED BY MOJARRO'S; DECLARATION IN HIS CAPACITY AS CROSS-DEFENDANT'S COUNSEL. MOJARRO DECLARES ON FEBRUARY 7, 2019 HE; SENT A DETAILED MEET AND CONFER LETTER TO OPPOSING COUNSEL, WHICH IS ATTACHED AS EXHIBIT; B. THE LETTER DEMANDS CLH ADDRESS THE DEFECTS BY FILING A THIRD AMENDED CROSS-COMPLAINT. THE; LETTER DOES NOT INVITE A TELEPHONIC OR IN PERSON CONVERSATION. CLH'S COUNSEL THEN RESPONDED TO; THE LETTER VIA EMAIL SUMMARILY REJECTING CROSS-DEFENDANTS'POSITION AND REFUSING TO AMEND.; (MOJARRO DECL., PARAGRAPHS 5-6; EXH. C.) ; -; ALTHOUGH MOJARRO SENT A DETAILED LETTER OUTLINING CROSS-DEFENDANTS' LEGAL POSITION, COUNSEL NEVER; CONDUCTED A TELEPHONIC OR IN-PERSON MEET AND CONFER AS REQUIRED BY THE STATUTE. MOJARRO'S; LETTER DID NOT INVITE SUCH A CONFERENCE, INSTEAD SIMPLY DEMANDING AN AMENDMENT. THE COURT NOTES; CROSS-DEFENDANTS' DEMURRER TO THE FIRST AMENDED CROSS-COMPLAINT SIMILARLY INDICATED COUNSEL; FAILED TO CONDUCT A PROPER MEET AND CONFER IN RELATION TO THAT MATTER AS WELL.; -; IN LIGHT OF COUNSELS' REPEATED FAILURE TO PROPERLY MEET AND CONFER TELEPHONICALLY OR IN; PERSON AS REQUIRED, COUPLED WITH THE COURT'S PRIOR ADMONITION REGARDING REFERENCING THIS; MATTER AS TO FUTURE MOTIONS, THE COURT WILL CONTINUE THE HEARING AND ORDER A HEARING ON; 04/18/19 REGARDING WHY THIS MATTER SHOULD NOT BE REFERENCED. THE COURT WILL ORDER THE MOVING; PARTY TO FILE A SUPPLEMENTAL MEET AND CONFER DECLARATION EVIDENCING COMPLIANCE AT LEAST FIVE; DAYS BEFORE THE CONTINUED HEARING DATE WHETHER IT BE WITH THIS COURT OR WITH THE REFERENCED; HEARING OFFICER. ; -; COURT DATES ARE SET AS FOLLOWS:; -; HEARINGS:; CURRENT HEARING CONTINUED TO 04/18/19 AT 08:30 IN DEPARTMENT S31.; ORDER TO SHOW CAUSE RE : WHY MATTER SHOULD NOT REFERRED TO JUDICIAL REFEREE SET FOR 04/18/19 AT 08:30 IN DEPARTMENT S31.; ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
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| 207 |
Filed: 3/5/2019, Entered: None |
Opposition to Motion Filed |
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OPPOSITION TO MOTION RE: DEMURRER TO 2ND AMEND COMPLAINT SET FOR HEARING ON 03/18/19, FILED BY DEFENDANT CLH PROJECT 1, LLC (IMAGED)
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Request |
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| 206 |
Filed: 2/27/2019, Entered: None |
Comment |
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CASE RETAINED IN S31 FOR 3/18/19 HRG
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Request |
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| 205 |
Filed: 2/26/2019, Entered: None |
Reply Filed |
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REPLY TO OPPOSITION TO MOTION RE:LEAVE TO FILE 3RD AMENDED COMPLAINT SET FOR HEARING ON 02/26/19 FILED BY ASSOCIATION BUILDING SERVICES INC. (IMAGED)
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Request |
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| 204 |
Filed: 2/26/2019, Entered: None |
Legacy Minutes |
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MOTION RE: FOR LEAVE TO FILE A 3RD AMENDED COMPLAINT (01/31/19) FILED BY PLAINTIFF ASSOCIATION BUILDING SERVICES INC; JOHN M PACHECO,JUDGE; CLERK: HEATHER SMITH; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT C SHELBY; -; APPEARANCES:; ATTORNEY JACOB ISAAC MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY KENT L SHARP PRESENT FOR DEFENDANT/RESPONDENT.; -; MOTION; PREDISPOSITION HEARING HELD ; ASSOCIATION BUILDING SERVICES INC'S MOTION FOR LEAVE TO FILE A 3RD AMENDED COMPLAINT IS HEARD.; COUNSEL APPEARING FOR TODAY'S HEARING ARE PROVIDED WITH THE COURT'S WRITTEN TENTATIVE; RULING. ; ARGUED BY COUNSEL AND SUBMITTED.; AFTER TESTIMONY AND DUE CONSIDERATION BY THE COURT :; COURT ADOPTS ITS TENTATIVE DECISION AS THE COURT'S RULING.; -; COURT FINDS:; 1. THE COURT DENIES THE MOTION, WITHOUT PREJUDICE, BASED ON THE FAILURE TO INCLUDE IN; THE DECLARATION, SUPPORTING THE MOTION, THE REQUISITE INFORMATION PURSUANT TO CALIFORNIA; RULES OF COURT, RULE 3.1324, SUBDIVISION (B), AND SUBSTANTIVELY THE FAILURE TO ALLEGE; COMPLIANCE WITH CIVIL CODE SECTION 1714.10. ; -; THE ARGUMENTS RAISED IN THE REPLY BRIEF ARE NEW ARGUMENTS REGARDING THE MERITS OF THE CAUSES OF; ACTION. WHILE THESE ARGUMENTS ARE RESPONSIVE TO THE OPPOSITION ARGUMENTS THAT THE CAUSES OF; ACTION AS ALLEGED LACK MERIT, THEY SHOULD HAVE BEEN RAISED IN THE MOVING PAPERS. FURTHERMORE,; THE REPLY DECLARATION OF ATTORNEY JACOB MOJARRO ALSO DOES NOT ADDRESS ALL OF THE FACTORS; REQUIRED IN CALIFORNIA RULES OF COURT, RULE 3.1324, SUBDIVISION (B).ABS INCORRECTLY ARGUES; THAT THE MOTION LAYS OUT THE BASIS FOR THE CONSPIRACY CLAIM AGAINST COUNSEL; YET THE; DECLARATION WITH THE MOVING PAPERS ONLY IDENTIFIES THE CHANGES AND ATTACHES THE PROPOSED; THIRD AMENDED COMPLAINT. ; -; THE COURT FINDS ABS HAS NOT MET THE PROCEDURAL REQUIREMENTS FOR A MOTION FOR LEAVE TO FILE AN; AMENDED COMPLAINT, AND THEREFORE WILL DENY THE MOTION WITHOUT PREJUDICE.; ASSOCIATION BUILDING SERVICES INC'S MOTION FOR LEAVE TO FILE A 3RD AMENDED COMPLAINT IS DENIED.; -; ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
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| 203 |
Filed: 2/26/2019, Entered: None |
Legacy Minutes |
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MOTION RE: DEMURRER TO PLA 2ND AMENDED COMPLAINT - FILED BY DEFENDANT CLH PROJECT 1, LLC; JOHN M PACHECO,JUDGE; CLERK: HEATHER SMITH; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT C SHELBY; -; APPEARANCES:; ATTORNEY JACOB ISAAC MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY KENT L SHARP PRESENT FOR DEFENDANT/RESPONDENT.; -; MOTION; PREDISPOSITION HEARING HELD ; CLH PROJECT 1, LLC'S MOTION DEMURRER TO PLA 2ND AMENDED COMPLAINT IS HEARD.; COUNSEL APPEARING FOR TODAY'S HEARING ARE PROVIDED WITH THE COURT'S WRITTEN TENTATIVE; RULING. ; ARGUED BY COUNSEL AND SUBMITTED.; AFTER TESTIMONY AND DUE CONSIDERATION BY THE COURT :; COURT ADOPTS ITS TENTATIVE DECISION AS THE COURT'S RULING.; -; COURT FINDS:; 1. REQUEST FOR JUDICIAL NOTICE: GRANT REQUEST FOR JUDICIAL NOTICE OF EXHIBITS A (EVID. CODE,; SECTION 452, SUBD. (D)), B-C (EVID. CODE, SECTION 452, DEL E. WEBB CORP. V. STRUCTURAL; MATERIALS CO. (1981) 123 CAL.APP.3D 593, 60405, BOCKRATH V. ALDRICH CHEMICAL CO. (1999) 21; CAL.4TH 71, 83), AND D (EVID. CODE, SECTION 452, SUBD. (C).) DENY AS TO EXHIBIT 1 AS UNTIMELY; SERVED IN REPLY BRIEF. THIS IS A RECORDED DOCUMENT BUT CLH ONLY SOUGHT JUDICIAL NOTICE OF; THE DOCUMENT WITH THE REPLY BRIEF. ; -; 2. MERITS:; SUSTAIN WITH 20 DAYS LEAVE TO AMEND THE DEMURRER TO THE FIRST, SECOND, AND THIRD CAUSES OF ACTION; FOR FAILURE TO STATE A CAUSE OF ACTION. ; -; SUSTAIN WITH 20 DAYS LEAVE TO AMEND THE DEMURRER TO THE FOURTH CAUSE OF ACTION FOR UNCERTAINTY; FOR FAILURE TO ATTACH THE CONTRACT. ; -; SUSTAIN THE DEMURRER AS TO THE FIFTH AND SIXTH CAUSES OF ACTION FOR FAILURE TO STATE A CAUSE OF; ACTION, AND AS TO THE FIFTH CAUSE OF ACTION ONLY UNCERTAINTY FOR FAILING TO ATTACH THE MECHANICS; LIEN. ABS MUST DEMONSTRATE THE ABILITY TO AMEND.; DEMURRER SUSTAINED AS TO 1ST, 2ND, 3RD, AND 4TH CAUSES OF ACTION ON 2ND AMENDED COMPLAINT (UNLIMITED) OF ASSOCIATION BUILDING SERVICES INC, WITH 20 DAYS TO AMEND.; DEMURRER IS SUSTAINED AS TO 5TH AND 6TH CAUSES OF ACTION ON 2ND AMENDED COMPLAINT (UNLIMITED) OF ASSOCIATION BUILDING SERVICES INC , WITHOUT LEAVE TO AMEND; LEAVE TO AMEND GRANTED, WITH 20 DAYS LEAVE TO AMEND.; ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
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| 202 |
Filed: 2/26/2019, Entered: None |
Miscellaneous Document Filed |
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ABS'S REQUEST FOR JUDICIAL NOTICE/LEAVE TO FILE 3RD AMD CMPLNT FILED.
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Request |
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| 201 |
Filed: 2/25/2019, Entered: None |
Legacy Minutes |
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MOTION RE: DEMURRER TO PLA SECOND AMENDED COMPLAINT FILED BY DEFENDANT CLH PROJECT 1, LLC
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Request |
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| 200 |
Filed: 2/20/2019, Entered: None |
Declaration Re: |
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DECLARATION RE: JI MOJARRO IN SPPT OF MOTION FOR LEAVE TO AMEND CO FILED BY ASSOCIATION BUILDING SERVICES INC, KENNETH GARDNER, DOLORES BORUNDA
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Request |
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| 199 |
Filed: 2/20/2019, Entered: None |
Opposition to Motion Filed |
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OPPOSITION TO MOTION RE: RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT SET FOR HEARING ON 01/24/19, FILED BY PLAINTIFF ASSOCIATION BUILDING SERVICES INC, KENNETH GARDNER, DOLORES BORUNDA (IMAGED)
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Request |
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| 198 |
Filed: 2/19/2019, Entered: None |
On Court's Motion, Hearing Previously Set is Ordered Reset |
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ON COURT'S MOTION, THE DEMURRER TO 2ND AMEND COMPLAINT HEARING PRESENTLY SET IN THIS CASE, IS ORDERED RESET FOR 02/26/19 AT 08:30 IN DEPARTMENT S31. NOTICE SENT TO ALL COUNSEL OF RECORD.
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 197 |
Filed: 2/19/2019, Entered: None |
Notice Imaged |
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NOTICE IMAGED
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Request |
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| 196 |
Filed: 2/19/2019, Entered: None |
Vacate Hearing Scheduled |
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VACATE L&M HEARING SCHEDULED FOR 02/25/19 AT 08:30 IN DEPARTMENT S31.
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Request |
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| 195 |
Filed: 2/15/2019, Entered: None |
Filing Fee Paid by |
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FILING FEE PAID BY ASSOCIATION BUILDING SERVICES INC, KENNETH GARDNER, DOLORES BORUNDA FOR MOTION/COURT REPORTER; 190215-1060-CK MMF/ 60.00 CRU/ 30.00 PAYMT; 190215-1060-CK REFERENCE NUMBER 5515
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Request |
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| 194 |
Filed: 2/15/2019, Entered: None |
Miscellaneous Document Filed |
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REQUEST TO TAKE JUDICIAL NOTICE IN SPPT OF CLH'S R EPLY TO OPPO TO DEMURRER FILED.
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Request |
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| 193 |
Filed: 2/15/2019, Entered: None |
Demurrer Filed |
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DEMURRER FILED BY ASSOCIATION BUILDING SERVICES,INC., KENNETH GARDNER, DOLORES BORUNDA; REPRESENTED BY MOJARRO LAW, P.C.(IMAGED)
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Request |
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| 192 |
Filed: 2/15/2019, Entered: None |
Reply Filed |
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REPLY TO OPPOSITION TO MOTION RE:DEMURRER TO 2ND AMENDED COMPLAINT SET FOR HEARING ON 02/25/19 FILED BY CLH PROJECT 1, LLC. (IMAGED)
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Request |
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| 191 |
Filed: 2/8/2019, Entered: None |
Opposition to Motion Filed |
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OPPOSITION TO MOTION RE: LEAVE TO FILE 3RD AMENDED COMPLAINT SET FOR HEARING ON 02/26/19, FILED BY DEFENDANT CLH PROJECT 1, LLC (IMAGED)
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Request |
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| 190 |
Filed: 2/8/2019, Entered: None |
Opposition to Motion Filed |
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OPPOSITION TO MOTION RE: DEMURRER SET FOR HEARING ON 02/25/19, FILED BY PLAINTIFF ASSOCIATION BUILDING SERVICES INC (IMAGED)
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Request |
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| 189 |
Filed: 2/8/2019, Entered: None |
Miscellaneous Document Filed |
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REQUEST TO TAKE JUDICAL NOTICE IN SPPT OF OPPO FOR LEAVE TO FILE 3RD AMD CMPLNT FILED.
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Request |
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| 188 |
Filed: 2/8/2019, Entered: None |
Declaration Re: |
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DECLARATION RE: BJ O'MEARA IN SPPT OF OPPO TO LEAVE TO FILE FILED BY CLH PROJECT 1, LLC
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Request |
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| 187 |
Filed: 2/8/2019, Entered: None |
Notice Filed Re: |
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NOTICE OF ERRATA TO 2ND AMENDED COMPLAINT FILED BY ASSOCIATION BUILDING SERVICES INC.
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Request |
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| 186 |
Filed: 2/4/2019, Entered: None |
Legacy Minutes |
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RULING ON SUBMITTED MATTER; JOHN M PACHECO,JUDGE; CLERK: JENNIFER MEDINA; -; COURT RULES AS FOLLOWS ON SUBMITTED MATTER:; MOTIONS TO COMPEL FURTHER RESPONSES AND ALL OTHER MOTIONS PREVIOUSLY TAKEN UNDER SUBMISSION.; -; 1.RULING REGARDING MOTIONS TO COMPEL FURTHER RESPONSES.; -; THE COURT GRANTS THE GARDNER MOTION AS TO NOS. 3, 4, 6-11, 13, 14, 16-33, 37-54, 59-84, 88-90, 92,; 94, AND 96. THE COURT GRANTS THE BORUNDA MOTION AS TO RFP NOS. 3, 4, 6-11, 13-33, 37-54, 59-84,; AND 88-96; OBJECTIONS ARE NOT WAIVED AS TO NOS. 91-96. THE COURT DENIES THE GARDNER AND BORUNDA; MOTIONS AS TO RFP NOS. 86. THE COURT AWARDS SANCTIONS AGAINST JACOB I. MOJARRO IN THE TOTAL; AMOUNT OF $1,125.00, WHICH INCLUDES $150 IN FILING FEES WITHIN 30 DAYS. THE COURT DENIES; SANCTIONS AGAINST GARDNER AND BORUNDA AS NOT JUSTIFIED UNDER THE CIRCUMSTANCES.; -; 2. OTHER MOTIONS; -; CROSS-DEFENDANTS GARDNERS AND BORUNDAS MOTION FOR PROTECTIVE ORDER: COURT ADOPTS ITS TENTATIVE; RULING. ; -; PLAINTIFF ABSS EX PARTE MOTION TO SHORTEN TIME TO HEAR PLAINTIFFS MOTION FOR LEAVE TO FILE A THIRD; AMENDED COMPLAINT: THE COURT DENIES THE EX PARTE APPLICATION TO SHORTEN TIME TO HEAR; PLAINTIFFS MOTION FOR LEAVE TO FILE A THIRD AMENDED COMPLAINT. NO CIRCUMSTANCES EXIST TO; SHORTEN TIME. ; -; PLAINTIFF ABSS EX PARTE APPLICATION FOR RIGHT TO ATTACH ORDER: THE COURT ADOPTS ITS TENTATIVE; ORDER AND DENIES PLAINTIFF ABSS EX PARTE APPLICATION FOR A RIGHT TO ATTACH ORDER.; PLAINTIFF FAILED TO MEET ITS BURDEN OF DEMONSTRATING "GREAT OR IRREPARABLE INJURY WOULD; RESULT TO PLAINTIFF IF ISSUANCE OF THE ORDER WERE DELAYED UNTIL THE MATTER COULD BE HEARD ON; NOTICE." (CCP SECTION 485.010(A).). ; -; PLAINTIFF ABSS EX PARTE MOTION TO RECONSIDER COURT ORDER EXPUNGING LIS PENDENS AND REQUEST; FOR LEAVE TO RECORD NEW LIS PENDENS CLAIM FOR FRAUDULENT CONVEYANCE: THE COURT ADOPTS ITS; TENTATIVE ORDER AND DENIES PLAINTIFF ABSS EX PARTE MOTION FOR RECONSIDERATION AND REQUEST FOR; LEAVE TO RECORD A NEW LIS PENDENS. PLAINTIFF DID NOT MEET ITS BURDEN ON THE MOTION.; -; NOTICE GIVEN BY JUDICIAL ASSISTANT; CORRESPONDENCE COVERSHEET GENERATED TO MAIL RULING ON SUBMITTED MATTER TO COUNSEL OF RECORD.; ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
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| 185 |
Filed: 2/1/2019, Entered: None |
Proof Of Service Filed. |
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PROOF OF SERVICE OF MTN FOR LEAVE TO FILE 3RD AMND, DECL OF J MOJARRO BY HAND DELIVERY ON 01/31/19 AS TO BRIEN J OMEARA, ESQ, FILED.
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Request |
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| 184 |
Filed: 2/1/2019, Entered: None |
Filing Fee Paid by |
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FILING FEE PAID BY ASSOCIATION BUILDING SERVICES INC FOR FAX FILING; 190204-0467-MC FAX/ 3.00 PAYMT; 190204-0467-MC REFERENCE NUMBER 033-0109129928
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Request |
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| 183 |
Filed: 1/31/2019, Entered: None |
Motion Filed |
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MOTION RE: FOR LEAVE TO FILE A 3RD AMENDED COMPLAINT SET FOR HEARING ON 02/26/19, FILED BY PLAINTIFF ASSOCIATION BUILDING SERVICES INC (IMAGED)
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Request |
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| 182 |
Filed: 1/31/2019, Entered: None |
Filing Fee Paid by |
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FILING FEE PAID BY ASSOCIATION BUILDING SERVICES INC FOR MOTION FEE; 190131-0303-CK MMF/ 60.00 CRU/ 30.00 PAYMT; 190131-0303-CK REFERENCE NUMBER 5504
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Request |
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| 181 |
Filed: 1/29/2019, Entered: None |
Legacy Minutes |
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MOTION RE: ORDER COMPELLING RSPNSE TO RQST FOR PROD OF DOCS: BORUNDA FILED BY DEFENDANT CLH PROJECT 1, LLC
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Request |
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| 180 |
Filed: 1/29/2019, Entered: None |
Legacy Minutes |
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MOTION RE: FOR ORDER COMPELLING FRTHR RSPNSE TO RQST FOR PROD: GARDNER FILED BY DEFENDANT CLH PROJECT 1, LLC
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Request |
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| 179 |
Filed: 1/24/2019, Entered: None |
Comment |
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FILE KEPT IN S31
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Request |
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| 178 |
Filed: 1/24/2019, Entered: None |
Legacy Minutes |
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EX-PARTE MOTION RE: RECONSIDERATION OF COURT ORDER/EXPUNGE LIS PENDENS; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT C SHELBY; -; APPEARANCES:; ATTORNEY JACOB MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY KENT L SHARP PRESENT FOR DEFENDANT/RESPONDENT.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; EX-PARTE HEARING IS HELD.; EX PARTE APPLICATION ARGUED.; MATTER TAKEN UNDER SUBMISSION.; ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
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| 177 |
Filed: 1/24/2019, Entered: None |
Legacy Minutes |
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MOTION RE: PLTF'S MTN PROTECT ORDER RESTRICTING DISCOVERY; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT C SHELBY; -; APPEARANCES:; ATTORNEY JACOB MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY KENT L SHARP PRESENT FOR DEFENDANT/RESPONDENT.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; -; MOTION; ASSOCIATION BUILDING SERVICES INC'S MOTION PROTECT ORDER RESTRICTING DISCOVERY IS HEARD.; COUNSEL APPEARING FOR TODAY'S HEARING ARE PROVIDED WITH THE COURT'S TENTATIVE DECISION.; ORAL ARGUMENT PRESENTED BY BOTH SIDES .; MATTER TAKEN UNDER SUBMISSION.; -; COURT ORDERS CSR ROCIO GONZALEZ TO PREPARE A TRANSCRIPT OF THE PROCEEDINGS DATED 01/24/19.; ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
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| 176 |
Filed: 1/24/2019, Entered: None |
Legacy Minutes |
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EX-PARTE MOTION RE: RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT C SHELBY; -; APPEARANCES:; ATTORNEY JACOB MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY KENT L SHARP PRESENT FOR DEFENDANT/RESPONDENT.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; EX-PARTE HEARING IS HELD.; EX PARTE APPLICATION ARGUED.; MATTER TAKEN UNDER SUBMISSION.; -; COURT ORDERS CSR ROCIO GONZALEZ TO PREPARE A TRANSCRIPT OF THE PROCEEDINGS DATED 01/24/19.; ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
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| 175 |
Filed: 1/24/2019, Entered: None |
Legacy Minutes |
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MOTION RE: DEFT REQ FOR PRODUCTION OF DOCS/BORUNDA; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT C SHELBY; -; APPEARANCES:; ATTORNEY JACOB MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY KENT L SHARP PRESENT FOR DEFENDANT/RESPONDENT.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; -; MOTION; CLH PROJECT 1, LLC'S MOTION REQ FOR PRODUCTION OF DOCS/BORUNDA IS HEARD.; ORAL ARGUMENT PRESENTED BY BOTH SIDES .; MATTER TAKEN UNDER SUBMISSION.; -; COURT ORDERS CSR ROCIO GONZALEZ TO PREPARE A TRANSCRIPT OF THE PROCEEDINGS DATED 01/24/19.; ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
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| 174 |
Filed: 1/24/2019, Entered: None |
Legacy Minutes |
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MOTION RE: DEFT REQ FOR PRODUCTION OF DOCS/GARDNER; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT C SHELBY; -; APPEARANCES:; ATTORNEY JACOB MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY KENT L SHARP PRESENT FOR DEFENDANT/RESPONDENT.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; -; MOTION; CLH PROJECT 1, LLC'S MOTION REQ FOR PRODUCTION OF DOCS/GARDNER IS HEARD.; ORAL ARGUMENT PRESENTED BY BOTH SIDES .; MATTER TAKEN UNDER SUBMISSION.; -; COURT ORDERS CSR ROCIO GONZALEZ TO PREPARE A TRANSCRIPT OF THE PROCEEDINGS DATED 01/24/19.; ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
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| 173 |
Filed: 1/24/2019, Entered: None |
Legacy Minutes |
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TRIAL SETTING CONFERENCE; ACTION - COMPLETE
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Request |
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| 172 |
Filed: 1/24/2019, Entered: None |
Legacy Minutes |
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MOTION RE: BORUNDA/GARDNER PROTECT ORDER; ACTION - COMPLETE
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Request |
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| 171 |
Filed: 1/24/2019, Entered: None |
Legacy Minutes |
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EX-PARTE MOTION RE: SHORT TIME TO HEAR LEAVE TO FILE 3RD AMD COMPLAINT; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT C SHELBY; -; APPEARANCES:; ATTORNEY JACOB MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY KENT L SHARP PRESENT FOR DEFENDANT/RESPONDENT.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; EX-PARTE HEARING IS HELD.; EX PARTE APPLICATION ARGUED.; MATTER TAKEN UNDER SUBMISSION.; -; COURT ORDERS CSR ROCIO GONZALEZ TO PREPARE A TRANSCRIPT OF THE PROCEEDINGS DATED 01/24/19.; ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
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| 170 |
Filed: 1/23/2019, Entered: None |
Volume Begins on this Date |
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VOLUME #6. BEGINS ON THIS DATE.
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Request |
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| 169 |
Filed: 1/23/2019, Entered: None |
Filing Fee Paid by |
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FILING FEE PAID BY ASSOCIATION BUILDING SERVICES INC FOR EX PARTE; 190123-0337-CK MMF/ 60.00 CRU/ 30.00 PAYMT; 190123-0337-CK REFERENCE NUMBER 5497
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Request |
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| 168 |
Filed: 1/23/2019, Entered: None |
Miscellaneous Document Filed |
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CLH'S OBJECTION TO K GARDNER'S OPPO TO SEPARATE ST ATEMENT FILED.
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Request |
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| 167 |
Filed: 1/23/2019, Entered: None |
Miscellaneous Document Filed |
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CLH'S OBJECTION TO DECL OF JI MOJARRO IN SPPT OF O PPO TO MTN TO COMPEL RESPONSES/ATTY FEES FILED.
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Request |
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| 166 |
Filed: 1/23/2019, Entered: None |
Miscellaneous Document Filed |
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CLH'S OBJECTION TO D BORUNDA'S OPPO TO SEPARATE ST ATEMENT FILED.
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Request |
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| 165 |
Filed: 1/23/2019, Entered: None |
Reply Filed |
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REPLY TO CLH'S OPPOSITION TO MOTION RE:EX PARTE APPLICATION FOR RIGHT TO ATTACH SET FOR HEARING ON 01/24/19 FILED BY ASSOCIATION BUILDING SERVICES INC. (IMAGED)
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Request |
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| 164 |
Filed: 1/23/2019, Entered: None |
Declaration Re: |
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DECLARATION RE: OF K GARDNER IN SPPT OF PLTF'S WRIT OF ATTACHMENT FILED BY ASSOCIATION BUILDING SERVICES INC
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Request |
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| 163 |
Filed: 1/23/2019, Entered: None |
Ex Parte Filed Re: |
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EX PARTE RE: SHORT TIME TO HEAR LEAVE TO FILE 3RD AMD CMPLT FILED BY ASSOCIATION BUILDING SERVICES INC
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Request |
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| 162 |
Filed: 1/23/2019, Entered: None |
Vacate Hearing Scheduled |
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VACATE L&M HEARING SCHEDULED FOR 01/29/19 AT 08:30 IN DEPARTMENT S31.
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Request |
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| 161 |
Filed: 1/22/2019, Entered: None |
Miscellaneous Document Filed |
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REQUEST TO TAKE JUDICIAL NOTICE IN SPPT OF CLH'S O PPOSITION TO EX PARTE/RIGHT TO ATTACH FILED.
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Request |
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| 160 |
Filed: 1/22/2019, Entered: None |
Opposition to Motion Filed |
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OPPOSITION TO MOTION RE: (SEPARATE STATEMENT)COMPEL RESPONSES/PRODUCTION SET FOR HEARING ON 01/24/19, FILED BY DEFENDANT DOLORES BORUNDA (IMAGED)
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Request |
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| 159 |
Filed: 1/22/2019, Entered: None |
Volume Begins on this Date |
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VOLUME #5 BEGINS ON THIS DATE.
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Request |
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| 158 |
Filed: 1/22/2019, Entered: None |
Miscellaneous Document Filed |
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CLH'S OBJECTIONS TO DECL JI MOJARRO IN SPPT OF EX PARTE RIGHT TO ATTACH FILED.
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Request |
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| 157 |
Filed: 1/22/2019, Entered: None |
Declaration Re: |
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DECLARATION RE: KL SHARP IN SPPT OF OPPO TO EX PARTE/RIGHT TO ATTA FILED BY CLH PROJECT 1, LLC
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Request |
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| 156 |
Filed: 1/22/2019, Entered: None |
Miscellaneous Document Filed |
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DECL OF JI MOJARRO IN SPPT OF JOINT OPPO TO MTN/CO MPEL RESPONSES AND ATTY FEES FILED.
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Request |
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| 155 |
Filed: 1/22/2019, Entered: None |
Vacate Hearing Scheduled |
|
VACATE LM37 HEARING SCHEDULED FOR 01/24/19 AT 08:30 IN DEPARTMENT S31.
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Request |
|
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| 154 |
Filed: 1/22/2019, Entered: None |
Opposition to Motion Filed |
|
OPPOSITION TO MOTION RE: EX PARTE FOR RECONSIDERATION OF ORDER/LIS PENDENS SET FOR HEARING ON 01/24/19, FILED BY DEFENDANT CLH PROJECT 1, LLC (IMAGED)
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Request |
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| 153 |
Filed: 1/22/2019, Entered: None |
Reply Filed |
|
REPLY TO GARDER/BORUNDA'S JOINT OPPO TO MOTION RE:COMPEL FURTHER RESPONSES/PRODUCTION/SANCTIONS SET FOR HEARING ON 01/24/19 FILED BY CLH PROJECT 1, LLC. (IMAGED)
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Request |
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| 152 |
Filed: 1/22/2019, Entered: None |
Opposition to Motion Filed |
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OPPOSITION TO MOTION RE: (SEPARATE STATEMENT) COMPEL RESPONSES/PRODUCTION SET FOR HEARING ON 01/24/19, FILED BY DEFENDANT KENNETH GARDNER (IMAGED)
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Request |
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| 151 |
Filed: 1/22/2019, Entered: None |
Opposition to Motion Filed |
|
OPPOSITION TO MOTION RE: COMPEL RESPONSES AND PRODUCTION/PROTECTIVE ORDR SET FOR HEARING ON 01/24/19, FILED BY DEFENDANT KENNETH GARDNER, DOLORES BORUNDA (IMAGED)
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Request |
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| 150 |
Filed: 1/22/2019, Entered: None |
Legacy Minutes |
|
MOTION RE: FOR PROTECTIVE ORDER RESTRICTING DISCOVERY FILED BY DEFENDANT KENNETH GARDNER, DOLORES BORUNDA
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Request |
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| 149 |
Filed: 1/22/2019, Entered: None |
Declaration Re: |
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DECLARATION RE: A DIAB IN SPPT OF OPPO TO EX PARTE RE RECONSIDERAT FILED BY CLH PROJECT 1, LLC
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Request |
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| 148 |
Filed: 1/22/2019, Entered: None |
Opposition to Motion Filed |
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OPPOSITION TO MOTION RE: EX PARTE RIGHT TO ATTACH SET FOR HEARING ON 01/24/19, FILED BY DEFENDANT CLH PROJECT 1, LLC (IMAGED)
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Request |
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| 147 |
Filed: 1/22/2019, Entered: None |
Declaration Re: |
|
DECLARATION RE: KL SHARP IN SPPT OF OPPO TO EX PARTE RE RECONSIDER FILED BY CLH PROJECT 1, LLC
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Request |
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| 146 |
Filed: 1/18/2019, Entered: None |
Opposition to Motion Filed |
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OPPOSITION TO MOTION RE: PROTECTIVE ORDER/ATTORNEY FEES/SANCTIONS SET FOR HEARING ON 01/22/19, FILED BY DEFENDANT CLH PROJECT 1, LLC (IMAGED)
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Request |
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| 145 |
Filed: 1/18/2019, Entered: None |
Declaration Re: |
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DECLARATION RE: BJ OMEARA IN SPPT OF OPPO TO MTN FOR PROTECTIVE OR FILED BY CLH PROJECT 1, LLC
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Request |
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| 144 |
Filed: 1/18/2019, Entered: None |
Legacy Minutes |
|
TRIAL SETTING CONFERENCE
|
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Request |
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| 143 |
Filed: 1/17/2019, Entered: None |
Proof of Service Filed. Type of Service is: |
|
PROOF OF SERVICE OF SECOND AMENDED CROSS-COMPLAINT FILED AS TO KENNETH GARDNER, DOLORES BORUNDA, ASSOCIATION BUILDING SERVICES,INC.. PARTY SERVED ON 01/11/19. TYPE OF SERVICE IS US MAIL/E-SERVICE. WITH FEES OF $0.00.
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Request |
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| 142 |
Filed: 1/17/2019, Entered: None |
Amended Complaint Filed |
|
AMENDED COMPLAINT FILED -- AMENDING 2ND AMENDED CROSS-COMPLAINT OF CLH PROJECT 1, LLC
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Request |
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| 141 |
Filed: 1/17/2019, Entered: None |
Summons Issued on |
|
SUMMONS ISSUED ON 2ND AMENDED CROSS-COMPLAINT OF CLH PROJECT 1, LLC - ORIGINAL FILED IN COURT FILE.
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Request |
|
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| 140 |
Filed: 1/16/2019, Entered: None |
Vacate Hearing Scheduled |
|
VACATE TSCCV HEARING SCHEDULED FOR 01/18/19 AT 08:30 IN DEPARTMENT S31.
|
|
Request |
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| 139 |
Filed: 1/15/2019, Entered: None |
Reply Filed |
|
REPLY TO OPPOSITION TO MOTION RE:PROTECTIVE ORDER RESTRICTING DISCOVERY SET FOR HEARING ON 01/22/19 FILED BY KENNETH GARDNER, DOLORES BORUNDA. (IMAGED)
|
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Request |
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| 138 |
Filed: 1/15/2019, Entered: None |
Legacy Minutes |
|
EX-PARTE MOTION RE: RECONSIDERATION OF COURT ORDER/EXPUNGE LIS PENDENS; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER SHAWNA MANNING;12827; COURT ATTENDANT C SHELBY; -; APPEARANCES:; ATTORNEY JACOB MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY KENT L SHARP PRESENT FOR DEFENDANT/RESPONDENT.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; EX-PARTE HEARING IS HELD.; EX PARTE APPLICATION ARGUED.; HEARING CONTINUED AT REQUEST OF DEFENSE TO ALLOW FURTHER BRIEFING.; -; COURT GRANTS DEFENSE COUNSEL'S REQUEST FOR A CONTINUANCE AND SETS THE FOLLOWING BRIEFING; SCHEDULE: ; OPPOSITION DUE: 01/22/19; REPLY DUE: 01/23/19; -; PLAINTIFF'S EX PARTE DOCUMENTS WILL BE THE MOVING PARTIES.; -; THE TRIAL SETTING CONFERENCE IS ADVANCED TO TODAY AND CONTINUED TO 01/24/19.; -; DEFENDANT'S MOTION FOR PROTECTIVE ORDER IS CONTINUED FROM 01/22/19 TO 01/24/19.; -; HEARINGS:; CURRENT HEARING CONTINUED TO 01/24/19 AT 08:30 IN DEPARTMENT S31.; TRIAL SETTING CONFERENCE SET FOR 01/24/19 AT 08:30 IN DEPT. S31; LAW & MOTION RE: PLTF'S MTN PROTECT ORDER RESTRICTING DISCOVERY SET FOR 01/24/19 AT 08:30 IN DEPT. S31.; ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
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| 137 |
Filed: 1/15/2019, Entered: None |
Legacy Minutes |
|
EX-PARTE MOTION RE: RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER SHAWNA MANNING;12827; COURT ATTENDANT C SHELBY; -; APPEARANCES:; ATTORNEY JACOB MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY KENT L SHARP PRESENT FOR DEFENDANT/RESPONDENT.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; EX-PARTE HEARING IS HELD.; EX PARTE APPLICATION ARGUED.; COURT GRANTS DEFENSE REQUEST TO CONTINUE.; -; HEARINGS:; CURRENT HEARING CONTINUED TO 01/24/19 AT 08:30 IN DEPARTMENT S31A.; ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
|
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|
| 136 |
Filed: 1/14/2019, Entered: None |
Filing Fee Paid by |
|
FILING FEE PAID BY ASSOCIATION BUILDING SERVICES INC FOR EXPARTE FEE; 190114-0095-CK MMF/ 60.00 CRU/ 30.00 PAYMT; 190114-0095-CK REFERENCE NUMBER 5489
|
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Request |
|
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| 135 |
Filed: 1/14/2019, Entered: None |
New Volume Made. Volume Includes Documents Filed Between |
|
NEW VOLUME MADE. VOLUME 2 INCLUDES DOCUMENTS FILED BETWEEN 11/20/18 AND 12/21/18
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Request |
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| 134 |
Filed: 1/14/2019, Entered: None |
Filing Fee Paid by |
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FILING FEE PAID BY ASSOCIATION BUILDING SERVICES INC FOR SECOND EX PARTE; 190114-0825-CK MMF/ 60.00 PAYMT; 190114-0825-CK REFERENCE NUMBER 5490
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Request |
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| 133 |
Filed: 1/14/2019, Entered: None |
Credit Card Transaction ID Number |
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CREDIT CARD TRANSACTION ID NUMBER 033-0105621589
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Request |
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| 132 |
Filed: 1/14/2019, Entered: None |
Declaration Re: |
|
DECLARATION RE: JI MOJARRO IN SPPT OF EX PARTE/RECONSIDERATION FILED BY ASSOCIATION BUILDING SERVICES INC
|
|
Request |
|
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| 131 |
Filed: 1/14/2019, Entered: None |
Miscellaneous Document Filed |
|
APPLICATION FOR RIGHT TO ATTACH ORDER - EX PARTE AGAINST PROPERTY OF NONRESIDENT FILED.
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Request |
|
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| 130 |
Filed: 1/14/2019, Entered: None |
Reply Filed |
|
REPLY TO OPPOSITION TO MOTION RE:FOR PROTECTIVE ORDER RESTRICTING DISCOVERY SET FOR HEARING ON 01/22/19 FILED BY KENNETH GARDNER, DOLORES BORUNDA. (IMAGED)
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Request |
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| 129 |
Filed: 1/14/2019, Entered: None |
Filing Fee Paid by |
|
FILING FEE PAID BY KENNETH GARDNER, DOLORES BORUNDA FOR FAX FILING FEES; 190114-0981-MC FAX/ 9.00 PAYMT; 190114-0981-MC REFERENCE NUMBER 033-0105621589
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Request |
|
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|
| 128 |
Filed: 1/14/2019, Entered: None |
Ex Parte Filed Re: |
|
EX PARTE RE: RECONSIDERATION OF COURT ORDER/EXPUNGE LIS PENDENS FILED BY ASSOCIATION BUILDING SERVICES INC
|
|
Request |
|
|
|
| 127 |
Filed: 1/14/2019, Entered: None |
Miscellaneous Document Filed |
|
NOTICE OF APPLICATION AND HEARING FOR RIGHT TO ATT ACH ORDER/ORDER FOR ISSUANCE OF WRIT FILED.
|
|
Request |
|
|
|
| 126 |
Filed: 1/11/2019, Entered: None |
Points and Authorities Filed |
|
POINTS & AUTHORITIES FILED BY CLH PROJECT 1, LLC.
|
|
Request |
|
|
|
| 125 |
Filed: 1/11/2019, Entered: None |
Declaration Filed |
|
DECLARATION OF BRIEN J.O'MEARA IN SUPP OF DEF DEMURRER FILED
|
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Request |
|
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|
| 124 |
Filed: 1/11/2019, Entered: None |
Document is Returned by Court for the Following Reason(s): |
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SECOND AMENDED CROSS COMPLAINT IS RETURNED BY COURT FOR THE FOLLOWING REASON(S): LEAVE OF COURT IS REQUIRED FOR THE 2ND AMENDED.
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Request |
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| 123 |
Filed: 1/11/2019, Entered: None |
Request for Judicial Notice Filed |
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REQUEST FOR JUDICIAL NOTICE FILED.
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Request |
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| 122 |
Filed: 1/11/2019, Entered: None |
Demurrer Filed |
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DEMURRER FILED BY CLH PROJECT 1, LLC; REPRESENTED BY LA JOLLA LAW GROUP(IMAGED)
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Request |
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| 121 |
Filed: 1/11/2019, Entered: None |
Declaration Filed |
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DECLARATION OF BRIEN J. O'MEARA RE COMPLIANCE WITH MEET & CONFER FILED
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Request |
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| 120 |
Filed: 1/11/2019, Entered: None |
Filing Fee Paid by |
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FILING FEE PAID BY CLH PROJECT 1, LLC FOR DEMURRER MTN; 190111-0692-CK MMF/ 60.00 CRU/ 30.00 PAYMT; 190111-0692-CK REFERENCE NUMBER #3665451
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Request |
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| 119 |
Filed: 1/11/2019, Entered: None |
Notice of Return of Document(s) |
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NOTICE OF RETURN OF DOCUMENT(S)
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Request |
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| 118 |
Filed: 1/10/2019, Entered: None |
Legacy Minutes |
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EX-PARTE MOTION RE: DISMISS ENTIRE ACTION OF CROSS COMPLAINT/STRIKE; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; COURT ATTENDANT C SHELBY; -; APPEARANCES:; ATTORNEY JACOB MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY KENT SHARP PRESENT FOR DEFENDANT/RESPONDENT.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; (NO FILE.); EX-PARTE HEARING IS HELD.; EX PARTE APPLICATION ARGUED.; -; COURT FINDS:; EX PARTE ORDERS TO DISMISS ENTIRE CROSS-COMPLAINT IS DENIED.; ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
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| 117 |
Filed: 1/10/2019, Entered: None |
Legacy Minutes |
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EX-PARTE MOTION RE: EX PUNGE LIS PENDENS/ATTORNEY FEES; JOHN M PACHECO,JUDGE; CLERK: ARLENE GUARDADO; COURT REPORTER ROCIO GONZALEZ;10911; CLERK: CAROLLEE SIMPSON; -; APPEARANCES:; ATTORNEY JACOB MOJARRO PRESENT FOR PLAINTIFF/PETITIONER.; ATTORNEY KENT SHARP PRESENT FOR DEFENDANT/RESPONDENT.; -; PROCEEDINGS:; PREDISPOSITION HEARING HELD ; EX-PARTE HEARING IS HELD.; EX PARTE APPLICATION ARGUED.; AFTER TESTIMONY AND DUE CONSIDERATION BY THE COURT :; -; COURT FINDS:; EX PARTE ORDERS LIS PENDENS EXPUNGED.; -; ORAL ARGUMENT REGARDING ATTORNEY FEES AND SANCTIONS ARE PRESENTED BY BOTH SIDES.; REQUEST FOR SANCTIONS/FEES ARE DENIED.; EX PARTE ORDER SIGNED BY THE COURT.; -; HEARINGS:; HEARING DATE OF 01/18/19 CONFIRMED.; ACTION - COMPLETE; === MINUTE ORDER END ===
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Request |
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| 116 |
Filed: 1/10/2019, Entered: None |
Filing Fee Paid by |
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FILING FEE PAID BY CLH PROJECT 1, LLC FOR CERTIFIED COPY; 190110-0388-MC MJF/ 25.00 FCP/ 1.00 PAYMT; 190110-0388-MC REFERENCE NUMBER 033-0105015862
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Request |
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| 115 |
Filed: 1/10/2019, Entered: None |
Order Filed Re: |
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ORDER EXPUNGING LIS PENDENS AND AWARD OF ATTORNEY'S FEES FILED
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Request |
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| 114 |
Filed: 1/10/2019, Entered: None |
Miscellaneous Document Filed |
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OPPOSITIONT TO EX PARTE APPLICATION FOR AN ORDER E XPUNGING LIS PENDENS FILED.
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Request |
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| 113 |
Filed: 1/9/2019, Entered: None |
Ex Parte Filed Re: |
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EX PARTE RE: DISMISS ENTIRE ACTION OF CROSS COMPLAINT/STRIKE FILED BY ASSOCIATION BUILDING SERVICES INC
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Request |
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| 112 |
Filed: 1/9/2019, Entered: None |
Filing Fee Paid by |
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FILING FEE PAID BY ASSOCIATION BUILDING SERVICES INC FOR EX PARTE; 190109-0830-MC MMF/ 60.00 CRU/ 30.00 PAYMT; 190109-0830-MC REFERENCE NUMBER 033-0104871734
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Request |
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| 111 |
Filed: 1/9/2019, Entered: None |
Filing Fee Paid by |
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FILING FEE PAID BY ASSOCIATION BUILDING SERVICES INC FOR FAX; 190109-0876-MC FAX/ 20.00 PAYMT; 190109-0876-MC REFERENCE NUMBER 033-0104875990
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Request |
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| 110 |
Filed: 1/9/2019, Entered: None |
Filing Fee Paid by |
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FILING FEE PAID BY ASSOCIATION BUILDING SERVICES INC FOR FAX FILING; 190109-0832-MC FAX/ 19.00 PAYMT; 190109-0832-MC REFERENCE NUMBER 033-0104871734
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Request |
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| 109 |
Filed: 1/8/2019, Entered: None |
Declaration Re: |
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DECLARATION RE: BJ OMEARA IN SPPT OF EX PARTE TO EXPUNGE FILED BY CLH PROJECT 1, LLC
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Request |
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| 108 |
Filed: 1/8/2019, Entered: None |
Ex Parte Filed Re: |
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EX PARTE RE: EX PUNGE LIS PENDENS/ATTORNEY FEES FILED BY CLH PROJECT 1, LLC
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Request |
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| 107 |
Filed: 1/8/2019, Entered: None |
Filing Fee Paid by |
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FILING FEE PAID BY CLH PROJECT 1, LLC FOR EX PARTE; 190108-0825-CK MMF/ 60.00 CRU/ 30.00 PAYMT; 190108-0825-CK REFERENCE NUMBER 3662576
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Request |
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| 106 |
Filed: 12/27/2018, Entered: None |
Declaration Filed |
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DECLARATION OF JACOB I.MOJARRO IN SUPP OF CD MTN FOR PROTECTIVE FILED
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Request |
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| 105 |
Filed: 12/27/2018, Entered: None |
Filing Fee Paid by |
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FILING FEE PAID BY KENNETH GARDNER, DOLORES BORUNDA FOR 1ST APP FEES; 181227-0061-CK CVT/ 870.00 PAYMT; 181227-0061-CK REFERENCE NUMBER CK 3659829
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Request |
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| 104 |
Filed: 12/27/2018, Entered: None |
Proof Of Service Filed. |
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PROOF OF SERVICE OF MTN FOR PROTECTIVE ORDER BY PERSONAL ON 12/26/18 AS TO LA JOLLA LAW GROUP, FILED.
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Request |
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| 103 |
Filed: 12/27/2018, Entered: None |
Filing Fee Paid by |
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FILING FEE PAID BY KENNETH GARDNER, DOLORES BORUNDA FOR COURT REPORTER; 181227-0062-CK CRU/ 30.00 PAYMT; 181227-0062-CK REFERENCE NUMBER CK 3659829
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Request |
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| 102 |
Filed: 12/27/2018, Entered: None |
Defendant First Paper Fee Paid in Full |
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DEFENDANT KENNETH GARDNER, DOLORES BORUNDA FIRST PAPER FEE PAID IN FULL
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Request |
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| 101 |
Filed: 12/27/2018, Entered: None |
Attorney Added for Defendant |
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ON 1ST AMENDED CROSS-COMPLAINT OF CLH PROJECT 1, LLC FOR KENNETH GARDNER, DOLORES BORUNDA, ATTORNEY MOJARRO LAW PC ADDED.
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Request |
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| 100 |
Filed: 12/27/2018, Entered: None |
Volume Begins on this Date |
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VOLUME #4 BEGINS ON THIS DATE.
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Request |
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| 99 |
Filed: 12/27/2018, Entered: None |
Motion Filed |
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MOTION RE: FOR PROTECTIVE ORDER RESTRICTING DISCOVERY SET FOR HEARING ON 01/22/19, FILED BY DEFENDANT KENNETH GARDNER, DOLORES BORUNDA (IMAGED)
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Request |
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| 98 |
Filed: 12/21/2018, Entered: None |
Miscellaneous Document Filed |
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SEPARATE STATEMENT OF Q & A'S IN DISPUTRE RE: RQST FOR PROD FILED.
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Request |
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