IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA

Size: px
Start display at page:

Download "IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA"

Transcription

1 RICHARD N. SIEVING, ESQ. (SB #33634) JENNIFER L. SNODGRASS, ESQ. (SB #78) 2 THE SIEVING LAW FIRM, A.P.C. Attorneys at Law 3 0 Howe Avenue, Suite 2N Sacramento, California Telephone: (96) Facsimile: (96) 444- Attorneys for Defendant JELD-WEN, inc., an Oregon 6 Corporation dba SUMMIT WINDOW & PATIO DOOR 7 (erroneously sued herein as "SUMMIT WINDOW & PATIO DOOR") E-FILED May 6, 4 3: PM David H. Yamasaki Chief Executive Officer/Clerk Superior Court of CA, County of Santa Clara Case #-3-CV- Filing #G By G. Duarte, Deputy 8 9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA CILKER APARTMENTS, LLC, Case No.: -3-CV- 3 v. Plaintiff, 4 WESTERN NATIONAL CONSTRUCTION, et al. Defendants. 6 ~I AND ALL RELATED CROSS-ACTIONS _ MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF JELD-WEN, INC. DBA SUMMIT WINDOW & PATIO DOOR'S DEMURRER TO PLAiNTIFF'S FIRST AMENDED COMPLAINT Date: Time: Dept.: Judge: September,4 9:00 a.m. Hon. Peter H. Kirwan Defendant JELD-WEN, inc_, an Oregon Corporation dba SUMMIT WINDOW & PATIO DOOR (erroneously sued herein as "SUMMIT WINDOW & PATIO DOOR") (hereinafter "JELD-WEN") hereby submits the following Memorandum of Points and Authorities in support of its Demurrer to the First Amended Complaint (hereinafter "FAC") filed by Plaintiff CILKER APARTMENTS, LLC. I. FACTUAL AND PROCEDURAL BACKGROUND This case arises from alleged construction defects at the apartment complex known as One Pearl Place Apartments, a 2 residential unit apartment building located in San Jose, California (hereinafter "Subject Property"). Plaintiff owns the Subject HE SIEVING law FIRM, A.P.c. 0 Howe Ave., Suite 2N Sacramento, CA 982 (96) [..4.Cilker.Demurrer-MPA.wpd(jls:mlw)]

2 E-FILED: May 6, 4 3: PM, Superior Court of CA, County of Santa Clara, Case #-3-CV- Filing #G Property. (FAC at f, attached as Exhibit "A" to Declaration of Jennifer L. Snodgrass, filed and served concurrently herewith ("Ded. of Snodgrass"). Plaintiff alleges that it entered into contracts with Defendants WESTERN NATIONAL CONSTRUCTION ("WESTERN"), MCLARLAND, VARQUEZ & PARTNERS, INC. and GROUP M ENGINEERS for the construction and/or design of the Subject Property. (FAC at ff- ). WESTERN, in turn, allegedly subcontracted with the remaining Defendants, including JELD-WEN. (FAC at f6). Plaintiff does not describe each subcontracting Defendant's individual role with respect to completing the Subject Property. Rather, Plaintiff lumps all subcontracting Defendants together and broadly alleges they were "involved in the construction of the project[ ] and provided design, labor and/or materials to the project for this purpose." (FAC at f6). Plaintiff discovered defects in various places and components of the Subject Property. (FAC at f2). Plaintiff omits specificity with respect to whether and how each of the alleged defects caused physical damage to the Subject Property. Plaintiff only makes a single reference to "consequential property damage," and does not tie the alleged damage to any Defendant or defect in particular. (FAC at f36). Based on these scarce allegations, Plaintiff asserts seven causes of action against all Defendants: Breach of Contract; Breach of Implied Warranty; Breach of Express Warranty; Negligence; Strict Liability; Express Contractual Indemnity; and Breach of Third Party Beneficiary Contract. JELD-WEN demurs to each. Plaintiff's allegations in support of its causes of action are exclusively unsupported recitations of the elements thereof. As such, each fail for want of facts and are subject to demurrer under Code of Civil Procedure 430. O(e). II. STATUTORY AUTHORITY Code of Civil Procedure provides the following in pertinent part: "The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section , to the pleading on anyone or more of the HE SIEVING LAW FIRM, A.P.C. 0 Howe Ave., Suite 2N Sacramento, CA 982 (96) [..4.Cilker.Demurrer MPA.wpd(jls:mlw)]

3 E-FILED: May 6, 4 3: PM, Superior Court of CA, County of Santa Clara, Case #-3-CV- Filing #G following grounds:... (e) The pleading does not state facts sufficient to constitute a cause of action." Code of Civil Procedure (a) states the following: "When any ground for objection to a complaint, crosscomplaint, or answer appears on the face thereof, or from any matter of which the court is required to or may take judicial notice, the objection on that ground may be taken by a demurrer to the pleading_" m. ARGUMENT A. Plaintiff Fails to Allege it and JELD-WEN Are Parties to a Contract or the Terms Thereof The common thread through the causes of action for breach of contract, breach of implied warranty, and express contractual indemnity is the existence of a contract between the plaintiff and defendant. Spinks v. Equity Residential Briarwood Apartments (09) Cal.App.4th 04, 3 (pleading a cause of action for breach of contract requires setting forth the contract, plaintiff's performance or excuse therefrom, defendant's breach, and resulting damages); Burr v. Sherwin Williams Co. (94) 42 Cal.2d 682,69 (asserting a cause of action for breach of implied warranty requires privity of contract); Ratcliff Architects v. Vanir Construction Management. Inc. () 88 Cal.App.4th 9, (pleading a cause of action for express contractual indemnity requires alleging the plaintiff and defendant are parties to a contract). The complaint must specify whether a contract is written, oral, or implied by conduct. Otworth v. Southern Pac. Transportation Co. (98) 66 Cal.App.3d 42, (sustaining demurrer to complaint failing to state whether a purported contract is written or oral and the contract's alleged terms). To the extent a contract is written, the plaintiff needs to either set out its terms verbatim within the complaint or attach the contract to the complaint and incorporate it by reference. Harris v. Rudin, Richman & Appel (999) 74 Cal.App.4th 299, 307. HE SIEVING LAW FIRM, AP.C. 0 Howe Ave., Suite 2N Sacramento, CA 982 (96) [..4.CilkerDemurrer-MPAwpd(jls:mlw)]

4 E-FILED: May 6, 4 3: PM, Superior Court of CA, County of Santa Clara, Case #-3-CV- Filing #G Here, Plaintiff fails to allege it and JELO-WEN are parties to a contract, or even 2 any direct dealings between the two that would insinuate the existence of a contract. For 3 this reason alone, Plaintiff's causes of action for breach of contract, breach of implied 4 warranty, and express contractual indemnity each fail. It is clear from the face of the FAC, that Plaintiff did not directly contract with JELO-WEN, as Plaintiff alleges it is a third- 6 party beneficiary of the contract between JELO-WEN and WESTERN. 7 Moreover, as a necessary consequence of Plaintiff's failure to allege a contract, 8 Plaintiff also fails to allege any terms of the purported contract, any facts concerning how 9 JELO-WEN purportedly breached same, and what damage Plaintiff particularly sustained as a result. For this additional reason, Plaintiff's causes of action for breach of contract and express contractual indemnity fail. Based on the foregoing, Plaintiff fails to allege sufficient facts to state causes of 3 action for Breach of Contract, Breach of Implied Warranty, and Express Contractual 4 Indemnity. B. 6 Plaintiff Fails to Allege Sufficient Facts to State a Cause of Action for Breach of Third Party Beneficiary Contract As set forth above, it is clear from the FAC that Plaintiff is not actually alleging a direct contractual relationship between WESTERN and JELO-WEN. Persons not party to a contract can enforce the contract if its terms are for their intended benefit. Spinks, supra, Cal.AppAth at 2-, To plead a cause of action for breach of third party beneficiary contract, a plaintiff must allege the contract is for the plaintiff's express benefit and the terms thereof expressly so indicate. The H,N. Frances C. Berger Foundation v. Perez (3) 2 Cal.AppAth 37, 43. As stated above, where, as here, a purported contract is in writing, the plaintiff must plead the terms verbatim or attach the contract and incorporate it by reference. Harris, supra, 74 CaLAppAth at 307. In this case, Plaintiff contends the purported third party beneficiary contract is in writing (FAC at l66) but fails to attach the contract or plead its terms. Plaintiff's HE SIEVING LAW FIRM, AP.C. 0 Howe Ave., Suite non Sacramento, CA 982 (96) !..4.Cilker.Demurrer-MPAwpdOls:mlw)]

5 E-FILED: May 6, 4 3: PM, Superior Court of CA, County of Santa Clara, Case #-3-CV- Filing #G allegations entirely fail to set forth () what JELO-WEN was allegedly supposed to do 2 pursuant to an agreement with WESTERN for Plaintiff's express benefit; (2) how JELO- 3 WEN supposedly breached the purported agreement with WESTERN; and (3) how 4 Plaintiff as a third party beneficiary sustained injury as a result. Accordingly, Plaintiff fails to allege facts sufficient to state a cause of action for Breach of Third Party Contract. 6 C. 7 Plaintiff's Causes of Action for Negligence and Strict liability Fail 8 JELO-WEN demurs to Plaintiff's causes of action for Negligence and Strict Liability 9 as they are barred by the economic loss doctrine and devoid of factual support The Economic Loss Doctrine Bars the Negligence and Strict liability Causes of Action To plead a compensable injury for negligence or strict liability, plaintiff must allege it suffered physical harm either to its person or property. County of Santa Clara v. Atlantic Richfield Co. (06) 37 Cal.App.4th 292, 3. Mere economic loss, without more, is not a compensable injury under either cause of action..w. Here, Plaintiff alleges that it sustained "consequential property damage which needs to be repaired." (FAC at 36). However, this singular allegation is not sufficient to plead a compensable injury for purposes of negligence or strict liability because it fails to specify whether JELO-WEN in particular (as opposed to voluminous number of other defendants) caused the supposed property damage through its product. Moreover, this allegation is devoid of any details of the nature of the consequential property damage supposedly sustained. As such, neither JELO-WEN nor this Court have any means to ascertain whether JELO-WEN's products caused any damage, let alone damage to property other than to its products. Instead, the bulk of Plaintiff's allegations regarding damages concern its laundry list of purportedly defective construction conditions. (FAC at 2). Accordingly, Plaintiff fails to allege sufficient facts showing JELO-WEN caused it compensable injury. As such, the economic loss doctrine bars Plaintiff's causes of action for Negligence and Strict Liability. HE SIEVING LAW FIRM, A.P.c. 0 Howe Ave., Suite 2N Sacramento, CA 982 (96) [..4.Cilker.Demurrer-MPA.wpd(jls:mlw)]

6 E-FILED: May 6, 4 3: PM, Superior Court of CA, County of Santa Clara, Case #-3-CV- Filing #G The Negligence and Strict Liability Causes of Action Fail for Want of Facts 2 Sufficiently pleading a cause of action for negligence requires the plaintiff to allege 3 facts support each element thereof peaking: a legal duty of care, breach of that duty, and 4 damages proximately caused by the breach. Zamora v. Shell Oil Co. (997) CaLAppAth 4, 2. And sufficiently pleading a cause of action for strict products 6 liability requires a plaintiff to allege facts showing the defendant placed a defective 7 product into the stream of commerce, knowing same would be used without an inspection 8 for defects, and the defect proximately caused the plaintiff's injury. Scott v. Metabolife 9 International, Inc. (04) CaLApp.4th 404, 4. Here, Plaintiff fails to allege any facts particular to JELD-WEN. Rather, as with Plaintiff's other causes of action, Plaintiff only formulaically recites the elements of Negligence and Strict Liabilitywithout substantive supporting facts. That is, Plaintiff's FAC 3 gives no notice as to JELD-WEN's alleged involvement with Plaintiff and the Subject 4 Property, if any; no notice as to how JELD-WEN's alleged involvement proximately caused Plaintiff's injury; and no notice as to the particular injury proximately caused by 6 JELD-WEN. As such, Plaintiff alleges no facts supporting any element of Negligence and Strict Liability. IV. 9 CONCLUSION For the reasons stated above, JELD-WEN respectfully requests this Court to 2 sustain its Demurrer to all of Plaintiff's causes of action. 2 DATED: May, 4 THE SIEVING LAW FiRM, A.P.C. E SIEVING LAW FIRM, A.P.C. 0 Howe Ave., Suite non Sacramento, CA 982 (96) Cilker.Demurrer-MPA.wpd(jls:mlw)]

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 1 2 3 4 5 6 7 RICHARD N. SIEVING, ESQ. (SB #133634) LUKE G. PEARS-DICKSON, ESQ. (SB #296581) THE SIEVING LAW FIRM, A.P.C. 100 Howe Avenue, Suite 220N Sacramento, California 95825 Telephone: Facsimile:

More information

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 1 2 3 4 5 6 7 RICHARD N. SIEVING, ESQ. (SB #133634) LUKE G. PEARS-DICKSON, ESQ. (SB #296581) THE SIEVING LAW FIRM, A.P.c. 100 Howe Avenue, Suite 220N Sacramento, California 95825 Telephone: Facsimile:

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA 0 GREEN & HALL, A Professional Corporation SAMUEL M. DANSKIN, State Bar No. 0 sdanskin@greenhall.com MICHAEL A. ERLINGER, State Bar No. merlinger@greenhall.com East First Street, 0 th Floor Santa Ana,

More information

a. Name of person served:

a. Name of person served: ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address: GREEN & HALL, APC Samuel M. Danskin (SBN 136044 Michael A. Erlinger (SBN 216877 1851 E. First Street, 10th Floor Santa Ana, CA 92705

More information

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA * * *

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA * * * BRETT L. MCKAGUE, ESQ. SBN 0 JEREMY J. SCHROEDER, ESQ. SBN FLESHER MCKAGUE LLP 0 Plaza Drive Rocklin, CA Telephone: ().0 Facsimile: (). Attorneys for defendant and cross-defendant, GENTRY ASSOCIATES CONSTRUCTION

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA 1 2 3 4 5 6 7 8 GREEN & HALL, A Professional Corporation MICHAEL J. PEPEK, State Bar No. 178238 mpepek@greenhall.com SAMUEL M. DANSKIN, State Bar No. 136044 sdanskin@greenhall.com MICHAEL A. ERLINGER,

More information

Please reply to: Joyia Z. Greenfield Zachariah R. Tomlin May 6, 2016

Please reply to: Joyia Z. Greenfield Zachariah R. Tomlin May 6, 2016 SOUTHERN CALIFORNIA 13985 STOWE DRIVE POWAY, CA 92064 TEL: (858) 513-1020 FAX: (858) 513-1002 www.lorberlaw.com May 6, 2016 Please reply to: Joyia Z. Greenfield jgreenfield@lorberlaw.com Zachariah R. Tomlin

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA. CASE NO. 113CV Plaintiff,

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA. CASE NO. 113CV Plaintiff, GREEN & HALL, A Professional Corporation ROBERT L. GREEN, State Bar No. 122063 211 MICHAEL J. PEPEK, State Bar No. 178238 MEGAN J. RECHBERG lh State Bar No. 287563 3 II 1851 East First Street, 10 Floor

More information

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE Filed 10/23/14 Barbee v. Bank of America CA4/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

E-FILED: Jun 13, :57 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV Filing #G-84481

E-FILED: Jun 13, :57 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV Filing #G-84481 E-FILED Jun 13, 2016 1:57 PM David H. Yamasaki Chief Executive Officer/Clerk Superior Court of CA, County of Santa Clara Case #1-13-CV-258281 Filing #G-84481 By A. Ramirez, Deputy Exhibit A SUPERIOR

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA GREEN & HALL, LLP MICHAEL J. PEPEK, State Bar No. 1 mpepek@greenhall.com SAMUEL M. DANSKIN, State Bar No. 10 sdanskin@greenhall.com MICHAEL A. ERLINGER, State Bar No. 1 merlinger@greenhall.com 11 East

More information

Gray v. Am. Safety Indem. Co.

Gray v. Am. Safety Indem. Co. Gray v. Am. Safety Indem. Co. Court of Appeal of California, Second Appellate District, Division Four December 3, 2018, Opinion Filed B289323 Reporter 2018 Cal. App. Unpub. LEXIS 8160 * DEBRA GRAY et al.,

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO Filed 6/15/10 Greer v. Safeway, Inc. CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF CONTRA COSTA

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF CONTRA COSTA 1 NAIRI PATERSON, ESQ. State Bar No. STRATMAN, PATTERSON & HUNTER 0 th Street, Suite 00 Oakland, CA 1- Phone: () -0 Fax: () - Attorney for Cross-Defendant/Defendant/Cross-Complainant, VIKING DOOR, INC.

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO Filed 3/30/16; pub. order 4/28/16 (see end of opn.) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO D. CUMMINS CORPORATION et al., v. Plaintiffs and Appellants,

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA GREEN & HALL, A Professional Corporation MICHAEL J. PEPEK, State Bar No. mpepek@greenhall.com SAMUEL M. DANSKIN, State Bar No. 0 sdanskin@greenhall.com MICHAEL A. ERLINGER, State Bar No. merlinger@greenhall.com

More information

CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO

CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO Filed 2/3/16 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO WILSON DANTE PERRY, B264027 v. Plaintiff and Appellant, (Los Angeles

More information

PlainSite. Legal Document. California Northern District Court Case No. 3:11-cv County of Marin v. Deloitte Consulting LLP et al.

PlainSite. Legal Document. California Northern District Court Case No. 3:11-cv County of Marin v. Deloitte Consulting LLP et al. PlainSite Legal Document California Northern District Court Case No. :-cv-00 County of Marin v. Deloitte Consulting LLP et al Document View Document View Docket A joint project of Think Computer Corporation

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO A146745

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION TWO A146745 Filed 9/29/17 Rosemary Court Properties v. Walker CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF CONTRA COSTA

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF CONTRA COSTA NAIRI PATERSON, ESQ. State Bar No. STRATMAN, PATTERSON & HUNTER 0 th Street, Suite 00 Oakland, CA -1 Phone: () -0 Fax: () - // Attorney for Cross-Defendant, VIKING DOOR, INC. (sued as ROE ; sued erroneously

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE B156171

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE B156171 Filed 5/16/03 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE STEPHEN M. GAGGERO, Plaintiff and Appellant, v. B156171 (Los Angeles County

More information

Case 1:14-cv WYD-MEH Document 26 Filed 07/17/14 USDC Colorado Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 1:14-cv WYD-MEH Document 26 Filed 07/17/14 USDC Colorado Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case 1:14-cv-00262-WYD-MEH Document 26 Filed 07/17/14 USDC Colorado Page 1 of 6 Civil Action No. 14 cv 00262-WYD-MEH MALIBU MEDIA, L.L.C., v. Plaintiff, RICHARD SADOWSKI, Defendant. IN THE UNITED STATES

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. v. Case No. 8:13-cv-3136-T-33EAJ ORDER

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION. v. Case No. 8:13-cv-3136-T-33EAJ ORDER Hess v. Coca-Cola Refreshments USA, Inc. Doc. 71 ANTHONY ERIC HESS, Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION v. Case No. 8:13-cv-3136-T-33EAJ COCA-COLA REFRESHMENTS

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA ONE

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA ONE EXHIBIT 7 EXHIBIT 7 1 JON B. ZIMMERMAN [SBN. 1121] GREGORY B. COHEN [SBN. 225510] 2 ROBINSON & WOOD, INC. 227 N 1st Street 3 San Jose, California 95113 Telephone: (408) 298-7120 4 Facsimile: (408) 298-0477

More information

SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO

SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO MARC G. HYNES, ESQ., CA STATE BAR #049048 ATKINSON FARASYN, LLP 660 WEST DANA STREET P. O. BOX 279 MOUNTAIN VIEW, CA 94042 Tel.: (650) 967-6941 FAX: (650) 967-1395 Attorneys for Plaintiffs and Petitioners

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO B241246

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO B241246 Filed 3/28/13 Murphy v. City of Sierra Madre CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions

More information

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE

NOT TO BE PUBLISHED IN OFFICIAL REPORTS IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE Filed 11/23/16 Cannon & Nelms v. St. Andrews Development Corp. CA4/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES

SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES 1 1 1 1 1 0 1 Firm, Attorney at Law State Bar Number: Address: Telephone: Facsimile: Attorneys for Defendant SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES THE PEOPLE OF

More information

Information or instructions: Combined discovery requests, admissions, production of documents and interrogatories

Information or instructions: Combined discovery requests, admissions, production of documents and interrogatories Information or instructions: Combined discovery requests, admissions, production of documents and interrogatories 1. The practitioner may desire to combine Request for Admissions, Interrogatories and Request

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CRUZ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CRUZ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) JASON D. RUSSELL (SBN jason.russell@skadden.com ANGELA COLT (SBN angela.colt@skadden.com SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 00 South Grand Avenue, Suite 00 Los Angeles, California 001- Telephone:

More information

Attorney for Defendant LAGUNA WHOLESALE SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE 700 CIVIC CENTER DRIVE WEST, SANTA ANA, CALIFORNIA 92701

Attorney for Defendant LAGUNA WHOLESALE SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE 700 CIVIC CENTER DRIVE WEST, SANTA ANA, CALIFORNIA 92701 1 1 1 1 1 1 0 1 David V. Jafari, SBN: 01 JAFARI LAW GROUP, INC. Vantis Drive, Suite 0 Aliso Viejo, California, Telephone: ( -00 Facsimile: ( -01 djafari@jafarilawgroup.com Attorney for Defendant LAGUNA

More information

U.S. Bank Nat l Ass n v. Countrywide Home Loans, Inc. Index No /2011 Page 2 of 12

U.S. Bank Nat l Ass n v. Countrywide Home Loans, Inc. Index No /2011 Page 2 of 12 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: IAS PART THREE --------------------------------------------------------------------X U.S. BANK NATIONAL ASSOCIATION, as Trustee, for HarborView

More information

IN THE SUPERIOR COURT FOR THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY

IN THE SUPERIOR COURT FOR THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY IN THE SUPERIOR COURT FOR THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY DENNIS AND MARLENE ZELENY Plaintiffs, v. C.A. No. 05C-12-224 SCD THOMPSON HOMES AT CENTREVILLE, INC. AND THOMPSON HOMES, INC.,

More information

Case 2:18-cv KJD-CWH Document 7 Filed 12/26/18 Page 1 of 7

Case 2:18-cv KJD-CWH Document 7 Filed 12/26/18 Page 1 of 7 Case :-cv-0-kjd-cwh Document Filed // Page of 0 MICHAEL R. BROOKS, ESQ. Nevada Bar No. 0 HUNTER S. DAVIDSON, ESQ. Nevada Bar No. 0 KOLESAR & LEATHAM 00 South Rampart Boulevard, Suite 00 Las Vegas, Nevada

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case :-cv-0-lab-wvg Document Filed 0// Page of 0 LANAK & HANNA, P.C. Christopher M. Cullen, Esq. (Bar No. ) Michael K. Murray, Esq. (Bar No. ) The City Drive South, Suite 0 Orange, CA Telephone: () 0-0

More information

Location (address): 1138 Howard Street, San Francisco CA (877)

Location (address): 1138 Howard Street, San Francisco CA (877) ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): GREEN & HALL, APC Samuel M. Danskin (SBN 136044) Michael A. Erlinger (SBN 216877) 1851 E. First Street, 10th Floor Santa Ana, CA

More information

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT Filed 9/21/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT EMMA ESPARZA, Plaintiff and Appellant, v. KAWEAH DELTA DISTRICT HOSPITAL, F071761 (Super.

More information

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 0 DEWAYNE JOHNSON, Plaintiff, v. MONSANTO COMPANY, et al., Defendants. Case No. -cv-0-mmc ORDER GRANTING MOTION TO REMAND; VACATING

More information

SUPERIOR COURT OF CALIFORNIA COUNTY OF MARIN. ) MEMORANDUM OF POINTS AND ) AUTHORITIES IN SUPPORT OF vs. ) ) ) ) ) ) ) ) ) ) )

SUPERIOR COURT OF CALIFORNIA COUNTY OF MARIN. ) MEMORANDUM OF POINTS AND ) AUTHORITIES IN SUPPORT OF vs. ) ) ) ) ) ) ) ) ) ) ) http://www.jdsupra.com/post/documentviewer.aspx?fid=3ffd-6b3-d2e-a0b0-f32fad66c0b 1 ROBERT M. CHILVERS, Calif. Bar No. 62 AVIVA CUYLER, Calif. Bar No. 2 CHILVERS & TAYLOR PC 3 Vista Marin Drive 3 San Rafael,

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE ) ) ) ) ) ) ) ) ) ) ) ) ) )

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE ) ) ) ) ) ) ) ) ) ) ) ) ) ) Back to previous page: http://legalrequest.net/0/0/0/draft-pleadings-criminal-or-civil/ Law Offices Attny, SBN # Street City, CA 0000 Telephone: (- Fax: (- Attorney for Defendant, XXX Est. Time 0 0 SUPERIOR

More information

ALMALEE HENDERSON, JUDITH WEHLAU, CHARLES TUGGLE, KATHERINE MILES, NANCY EPANCHIN, RAYMOND DIRODIS, RITA ZWERDLING, DOES 1 THROUGH 10, INCLUSIVE,

ALMALEE HENDERSON, JUDITH WEHLAU, CHARLES TUGGLE, KATHERINE MILES, NANCY EPANCHIN, RAYMOND DIRODIS, RITA ZWERDLING, DOES 1 THROUGH 10, INCLUSIVE, 5 6 7 1 1 1 0 1 5 6 7 DAVID H. SCHWARTZ (SBN 66 LAW OFFICES OF DAVID H. SCHWARTZ, INC. Washington Street, Sixth Floor San Francisco, CA 1 Tel: ( -01 Fax: ( -7 E-mail: dhs@lodhs.com ATTORNEYS FOR PLAINTIFF

More information

Case 5:07-cv JF Document 19 Filed 06/04/2008 Page 1 of 11

Case 5:07-cv JF Document 19 Filed 06/04/2008 Page 1 of 11 Case :0-cv-0-JF Document Filed 0/0/0 Page of 0 Sheila Carmody (pro hac vice) Robert J. Gibson (#) Daniel S. Rodman (#) SNELL & WILMER scarmody@swlaw.com hgibson@swlaw.com Attorneys for Defendants GEICO

More information

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION DEFENDANT S AMENDED MOTION TO DISMISS WITH SUPPORTING MEMORANDUM

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION DEFENDANT S AMENDED MOTION TO DISMISS WITH SUPPORTING MEMORANDUM City of Winter Haven v. Cleveland Indians Baseball Company Limited Partnership Doc. 12 CITY OF WINTER HAVEN, a Florida municipal corporation, Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE

More information

Notice of Motion and Motion to Consolidate Related Actions Against

Notice of Motion and Motion to Consolidate Related Actions Against Notice of Motion and Motion to Consolidate Related Actions Against Sagent Technology, Inc. for Violations of the Securities Exchange Act of 1934; Memorandum of Points and Authorities in Support Thereof

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiffs, Defendant.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. Plaintiffs, Defendant. 0 0 STARLINE WINDOWS INC. et. al., v. QUANEX BUILDING PRODUCTS CORP. et al., UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Plaintiffs, Defendant. Case No.: :-cv-0 ORDER DENYING DEFENDANTS

More information

SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA

SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 8, Honorable Sunil R. Kulkarni Mark Rosales, Courtroom Clerk 191 North First Street, San Jose, CA 95113 Telephone 408.882.2280 To contest

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Date: Time: Dept: C53

SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Date: Time: Dept: C53 ATTORNEY (Bar No. 10000 LAW OFFICES OF ATTORNEY 123Main, Suite 1 City, California 12345 Telephone: Facsimile: Attorney for Defendant, DDD SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY

More information

Plaintiff, JOSE GILBERTO SERRANO, Pro Se, hereby files this Response to the Motion to. Introduction

Plaintiff, JOSE GILBERTO SERRANO, Pro Se, hereby files this Response to the Motion to. Introduction IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NUMBER: 2014 CA 2505 ON JOSE GILBERTO SERRANO, Plaintiff, vs. PUNITIVE DAMAGES PERSONAL INJURY HERITAGE PARTNERS

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT Filed 9/26/08 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT HEWLETT-PACKARD COMPANY, Petitioner, No. H031594 (Santa Clara County Super. Ct. No. CV817837)

More information

FILED: KINGS COUNTY CLERK 05/02/ :32 PM INDEX NO /2015 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/02/2016

FILED: KINGS COUNTY CLERK 05/02/ :32 PM INDEX NO /2015 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/02/2016 FILED: KINGS COUNTY CLERK 05/02/2016 04:32 PM INDEX NO. 514527/2015 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/02/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS THE BOARD OF MANAGERS OF THE ONE

More information

LAWATYOURFINGERTIPS NO LIABILITY WHERE FRIEND AGREED TO HELP WITH ROOF REPAIR AND FELL OFF HOMEOWNERS ROOF:

LAWATYOURFINGERTIPS NO LIABILITY WHERE FRIEND AGREED TO HELP WITH ROOF REPAIR AND FELL OFF HOMEOWNERS ROOF: LAWATYOURFINGERTIPS NO LIABILITY WHERE FRIEND AGREED TO HELP WITH ROOF REPAIR AND FELL OFF HOMEOWNERS ROOF: Friend agreed to help homeowner repair roof. Friend was an experienced roofer. The only evidence

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT APPELLANT S SECOND SUPPLEMENTAL OPENING BRIEF

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT APPELLANT S SECOND SUPPLEMENTAL OPENING BRIEF IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff and Respondent, v. ERNEST LANDRY, Defendant and Appellant. H040337 (Santa Clara County

More information

SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION

SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION CRAIG C. DANIEL () DAVID T. WEI (0) AXCEL LAW PARTNERS LLP Telephone 1-0-00 Facsimile 1-0-0 Email cdaniel@ax-law.com Attorneys for PLAINTIFF CORPORATE CONCEPTS SUPERIOR COURT FOR THE STATE OF CALIFORNIA

More information

Attorneys for Defendant SAK CONSTRUCTION, LLC UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Attorneys for Defendant SAK CONSTRUCTION, LLC UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON GARY V. ABBOTT, Oregon State Bar Number 720072 E-mail address: gabbott@abbott-law.com US Bancorp Tower, Suite 2650 111 Southwest Fifth Avenue Telephone: Facsimile : (503) 595-9519 Attorneys for Defendant

More information

5 Attorneys for DefendantlCross-DefendantlCross-Complainant JELD-WEN, inc., an Oregon Corporation dba SUMMIT WINDOW

5 Attorneys for DefendantlCross-DefendantlCross-Complainant JELD-WEN, inc., an Oregon Corporation dba SUMMIT WINDOW 1 RICHARD N. SIEVING, ESQ. (SB #133634) LUKE G. PEARS-DICKSON, ESQ. (SB #296581) 2 THE SIEVING LAW FIRM, A.P.C. 100 Howe Avenue, Suite 220N 3 Sacramento, California 95825 Telephone: (916) 444-3366 4 Facsimile:

More information

Attorneys for Respondent and Defendant Metropolitan Water District of Southern California SUPERIOR COURT OF THE STATE OF CALIFORNIA

Attorneys for Respondent and Defendant Metropolitan Water District of Southern California SUPERIOR COURT OF THE STATE OF CALIFORNIA MORGAN LEWIS & BOCKIUS LLP Colin C. West (Bar No. ) Thomas S. Hixson (Bar No. 10) Three Embarcadero Center San Francisco, California 1-0 Telephone: (1) -000 Facsimile: (1) - QUINN EMANUEL URQUHART & SULLIVAN,

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT Filed 11/18/14 Escalera v. Tung CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) Filed 12/23/14 Certified for Publication 1/20/15 (order attached) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) STOCKTON MORTGAGE, INC. et al., C071210 v. Cross-complainants

More information

NOT TO BE PUBLISHED IN OFFICIAL REPORTS COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

NOT TO BE PUBLISHED IN OFFICIAL REPORTS COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA Filed 9/18/15 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE Filed 6/25/14; pub. order 7/22/14 (see end of opn.) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE WILLIAM JEFFERSON & CO., INC., Plaintiff and Appellant, v.

More information

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK COMPLAINT

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK COMPLAINT Case 1:14-cv-08423-GBD Document 2 Filed 10/22/14 Page 1 of 7 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK Marshall Feature Recognition, LLC Plaintiff, V. Terra Holdings, LLC, 14-civ-8423

More information

Submit a Claim Exclude Yourself Object Go to a Hearing Do Nothing

Submit a Claim Exclude Yourself Object Go to a Hearing Do Nothing If you purchased a Tire Protection Package, Service Central Road Hazard, King Royal Tire Service or other vehicle service contract providing for road hazard protection from Big O Tires, LLC on or after

More information

CASENOTE JAMES GRAFTON RANDALL, ESQ. LAWATYOURFINGERTIPS

CASENOTE JAMES GRAFTON RANDALL, ESQ. LAWATYOURFINGERTIPS CASENOTE JAMES GRAFTON RANDALL, ESQ. LAWATYOURFINGERTIPS SUMMARY JUDGMENT AFFIRMED IN FAVOR OF DEFENDANT WHEN PLAINTIFF CLAIMS TO HAVE BEEN CAUSED TO SLIP AND FALL DUE TO UNKNOWN OBJECT ON THE FLOOR. DEFENDANT

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES c ~ 0 Kendrick L. Moxon, State Bar No. 0 MOXON & KOBRlN kmoxonidiearthlink. net 0 Wushire Boulevard, Suite 00 Los Angeles, California 000 Telephone: () - Facsimile: () - Attorney for Plaintiff Pro se KENDRlCK

More information

Present: Hassell, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ., and Carrico, S.J.

Present: Hassell, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ., and Carrico, S.J. Present: Hassell, C.J., Lacy, Keenan, Koontz, Kinser, and Lemons, JJ., and Carrico, S.J. PULTE HOME CORPORATION OPINION BY v. Record No. 021976 SENIOR JUSTICE HARRY L. CARRICO April 17, 2003 PAREX, INC.

More information

FILED: NEW YORK COUNTY CLERK 08/24/ :27 PM INDEX NO /2016 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 08/24/2016

FILED: NEW YORK COUNTY CLERK 08/24/ :27 PM INDEX NO /2016 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 08/24/2016 FILED: NEW YORK COUNTY CLERK 08/24/2016 12:27 PM INDEX NO. 651454/2016 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 08/24/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK CRICKET STOCKHOLDER REP,

More information

JANE DOE No. 14, Plaintiff, INTERNET BRANDS, INC., D/B/A MODELMAYHEM.COM. Defendant.

JANE DOE No. 14, Plaintiff, INTERNET BRANDS, INC., D/B/A MODELMAYHEM.COM. Defendant. Case :-cv-0-jfw-pjw Document Filed 0/0/ Page of 0 Page ID #: 0 0 Patrick A. Fraioli (SBN ) pfraioli@ecjlaw.com Russell M. Selmont (SBN ) rselmont@ecjlaw.com ERVIN COHEN & JESSUP LLP 0 Wilshire Boulevard,

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CRUZ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CRUZ ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) JASON D. RUSSELL (SBN jason.russell@skadden.com ANGELA COLT (SBN angela.colt@skadden.com SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP 00 South Grand Avenue, Suite 00 Los Angeles, California 001-1 Telephone:

More information

The Court notes that Defendant Stephaney Windsor's filed a joinder to Defendant DeMarco's demurrer to Plaintiffs' Complaint..

The Court notes that Defendant Stephaney Windsor's filed a joinder to Defendant DeMarco's demurrer to Plaintiffs' Complaint.. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL MINUTE ORDER DATE: 07/26/2010 TIME: 12:55:00 PM JUDICIAL OFFICER PRESIDING: Ronald S. Prager CLERK: Lee Ryan REPORTERJERM: Not Reported BAILIFF/COURT

More information

Case3:13-cv SI Document11 Filed03/26/13 Page1 of 17

Case3:13-cv SI Document11 Filed03/26/13 Page1 of 17 Case:-cv-000-SI Document Filed0// Page of CHRISTOPHER J. BORDERS (SBN: 0 cborders@hinshawlaw.com AMY K. JENSEN (SBN: ajensen@hinshawlaw.com HINSHAW & CULBERTSON LLP One California Street, th Floor San

More information

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION C.A. NO. 1:16-CV TCB

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION C.A. NO. 1:16-CV TCB Case 1:16-cv-00327-TCB Document 14 Filed 04/12/16 Page 1 of 8 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION C.A. NO. 1:16-CV-00327-TCB FASTCASE, INC., PLAINTIFF/COUNTERCLAIM

More information

Case5:13-cv PSG Document14 Filed05/07/13 Page1 of 9

Case5:13-cv PSG Document14 Filed05/07/13 Page1 of 9 Case:-cv-0-PSG Document Filed0/0/ Page of 0 Kevin E. Gilbert, Esq. (SBN: 0) kgilbert@meyersnave.com Kevin P. McLaughlin (SBN: ) kmclaughlin@meyersnave.com MEYERS, NAVE, RIBACK, SILVER & WILSON th Street,

More information

CASENOTE James Grafton Randall, Esq. LAWATYOURFINGERTIPS

CASENOTE James Grafton Randall, Esq. LAWATYOURFINGERTIPS CASENOTE James Grafton Randall, Esq. LAWATYOURFINGERTIPS Filed 10/27/15; pub. order 11/23/15 (see end of opn.) COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA LANDLORD'S DUTY

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 DAVID MILLER Appellant IN THE SUPERIOR COURT OF PENNSYLVANIA ANTHONY PUCCIO AND JOSEPHINE PUCCIO, HIS WIFE, ANGELINE J. PUCCIO, NRT PITTSBURGH,

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT, DIVISION II CALIFORNIA PARKING SERVICES, INC. Plaintiff and Appellant

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT, DIVISION II CALIFORNIA PARKING SERVICES, INC. Plaintiff and Appellant No. E050306 SC No. RIC 535124 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT, DIVISION II CALIFORNIA PARKING SERVICES, INC. Plaintiff and Appellant VS SOBOBA BAND OF LUISENO

More information

No. 107,696 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. GREGORY COKER, Appellant, MICHAEL D. SILER, Defendant, and SYLLABUS BY THE COURT

No. 107,696 IN THE COURT OF APPEALS OF THE STATE OF KANSAS. GREGORY COKER, Appellant, MICHAEL D. SILER, Defendant, and SYLLABUS BY THE COURT No. 107,696 IN THE COURT OF APPEALS OF THE STATE OF KANSAS GREGORY COKER, Appellant, v. MICHAEL D. SILER, Defendant, and J.M.C. CONSTRUCTION, INC., and JOHN M. CHANEY, Appellees. SYLLABUS BY THE COURT

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE 1 1 1 0 1 OMAR FIGUEROA #10 0 Broadway San Francisco, CA Telephone: /-1 Facsimile: /1-1 Attorney for Defendant LUCAS A. THAYER SUPERIOR COURT OF THE STATE OF CALIFORNIA PEOPLE OF THE STATE OF CALIFORNIA,

More information

IN THE COURT OF APPEAL STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE

IN THE COURT OF APPEAL STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE 4th Court of Appeal No. G036362 Orange County Superior Court No. 04NF2856 IN THE COURT OF APPEAL STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE LERCY WILLIAMS PETITIONER, v. SUPERIOR COURT

More information

! CASENOTE JAMES GRAFTON RANDALL, ESQ. LAWATYOURFINGERTIPS.COM

! CASENOTE JAMES GRAFTON RANDALL, ESQ. LAWATYOURFINGERTIPS.COM Filed 5/24/12! CASENOTE JAMES GRAFTON RANDALL, ESQ. LAWATYOURFINGERTIPS.COM A C.C.P. SECTION 998 OFFER MUST CONTAIN A STATUTORILY MANDATED ACCEPTANCE PROVISION OR IT IS INVALID CERTIFIED FOR PUBLICATION

More information

Case 2:09-cv VBF-FFM Document 24 Filed 09/30/2009 Page 1 of 13

Case 2:09-cv VBF-FFM Document 24 Filed 09/30/2009 Page 1 of 13 Case :0-cv-00-VBF-FFM Document Filed 0/0/0 Page of Los Angeles, California 00-0 0 Michael F. Perlis (State Bar No. 0 Email: mperlis@stroock.com Richard R. Johnson (State Bar No. Email: rjohnson@stroock.com

More information

PACIFIC LEGAL FOUNDATION. Case 2:13-cv KJM-DAD Document 80 Filed 07/07/15 Page 1 of 3

PACIFIC LEGAL FOUNDATION. Case 2:13-cv KJM-DAD Document 80 Filed 07/07/15 Page 1 of 3 Case :-cv-0-kjm-dad Document 0 Filed 0/0/ Page of M. REED HOPPER, Cal. Bar No. E-mail: mrh@pacificlegal.org ANTHONY L. FRANÇOIS, Cal. Bar No. 0 E-mail: alf@pacificlegal.org Pacific Legal Foundation Sacramento,

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT. DIVISION [Number]

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT. DIVISION [Number] Parts in blue print are instructions to user, not to be included in filed document unless so noted. [Parts and references in green font, if any, refer to juvenile proceedings. See Practice Note, this web

More information

FILED: NEW YORK COUNTY CLERK 03/15/ :24 AM INDEX NO /2016 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/15/2016

FILED: NEW YORK COUNTY CLERK 03/15/ :24 AM INDEX NO /2016 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/15/2016 FILED: NEW YORK COUNTY CLERK 03/15/2016 11:24 AM INDEX NO. 190043/2016 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 03/15/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK X JOHN D. FIEDERLEIN AND

More information

LAW AND MOTION TENTATIVE RULINGS TIME: 9:00 a.m. PREVAILING PARTY SHALL PREPARE THE ORDER (SEE RULE OF COURT )

LAW AND MOTION TENTATIVE RULINGS TIME: 9:00 a.m. PREVAILING PARTY SHALL PREPARE THE ORDER (SEE RULE OF COURT ) SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 5, Honorable Carol Overton J. Paura, Courtroom Clerk Dianne Collier, Court Reporter 191 North First Street, San Jose, CA 95113 Telephone:

More information

FILED: NEW YORK COUNTY CLERK 12/06/2010 INDEX NO /2010

FILED: NEW YORK COUNTY CLERK 12/06/2010 INDEX NO /2010 FILED: NEW YORK COUNTY CLERK 12/06/2010 INDEX NO. 107442/2010... NYSCEF DON 61712010 DOC. NO. 1 RECEIVED NYSCEF: 12/06/2010 -against- Plaintiff@), LIFE FTTNESS, A DIVISION OF BRUNSWICK CORPORATION and

More information

FILED: NEW YORK COUNTY CLERK 08/11/ :17 PM INDEX NO /2016 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/11/2017

FILED: NEW YORK COUNTY CLERK 08/11/ :17 PM INDEX NO /2016 NYSCEF DOC. NO. 85 RECEIVED NYSCEF: 08/11/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------------------------------------------x Index No.: 655023/2016 DAWN JONES, DDS and EXCLUSIVE DENTAL STUDIOS, PLLC. d/b/a

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, CENTRAL JUSTICE CENTER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBERT CHRISTOPHER RAMIREZ 2150 Peony Street Corona, CA 92882 (909) 319-0461 Defendant in Pro Per SUPERIOR COURT OF THE STATE

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO, CENTRAL BRANCH -- UNLIMITED JURISDICTION

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO, CENTRAL BRANCH -- UNLIMITED JURISDICTION DLS/D ERFSIFIED LEGAL SERVICES, INC 1-0- FILro CIVIL SUSINESS OFFICE ; 1- RAL DIVISION 1 1 1 1 1 1 0 P. CHRISTOPHER ARDALAN, SB# ARDALAN & ASSOCIATES, PLC 0 Canoga Ave., Suite Woodland Hills, CA 1 Telephone:

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT [prior firm redacted] Mary F. Mock (CA State Bar No. ) Attorneys for Defendant LAWYERS MUTUAL INSURANCE COMPANY SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, WEST DISTRICT BRUCE

More information

CAUSE NO. INTERNATIONAL CENTER IN THE DISTRICT COURT OF DEVELOPMENT, IX, LTD., VS DALLAS COUNTY, TEXAS. Defendant JUDICIAL DISTRICT

CAUSE NO. INTERNATIONAL CENTER IN THE DISTRICT COURT OF DEVELOPMENT, IX, LTD., VS DALLAS COUNTY, TEXAS. Defendant JUDICIAL DISTRICT CAUSE NO. Filed 11 December 16 P12:12 Gary Fitzsimmons District Clerk Dallas District INTERNATIONAL CENTER IN THE DISTRICT COURT OF DEVELOPMENT, IX, LTD., Plaintiff VS DALLAS COUNTY, TEXAS BOKA POWELL,

More information

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA Filed 1/31/17 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered

More information

SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA APPELLATE DIVISION

SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA APPELLATE DIVISION 0 0 Filed // (ordered published by Supreme Ct. //) SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA APPELLATE DIVISION THE BANK OF NEW YORK MELLON, Appellate Division No. --AP-000 Plaintiff and Respondent,

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT Filed 7/10/12 Obhi v. Banga CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication

More information

fastcase The trial court entered judgment against Jackson. PROCEDURAL BACKGROUND

fastcase The trial court entered judgment against Jackson. PROCEDURAL BACKGROUND Jackson v. Rod Read and Sons. C058024 Page 1 SAUNDRA JACKSON, Plaintiff and Appellant, v. ROD READ AND SONS, Defendant and Respondent. C058024 Court of Appeals of California, Third Appellate District,

More information

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO 1 Charles W. Hokanson (State BarNo. 1) 01 Atlantic Ave, Suite 0 Long Beach, California 00 Telephone:.1.1 Facsimile:.. Email: CWHokanson@TowerLawCenter.com Attorney for Defendant Exile Machine, LLC IN THE

More information

Memorandum TO: HONORABLE MAYOR AND CITY COUNCIL. FROM: Norberto L. Duenas MEASURE B SETTLEMENT DISCUSSIONS - QUO WARRANTO.

Memorandum TO: HONORABLE MAYOR AND CITY COUNCIL. FROM: Norberto L. Duenas MEASURE B SETTLEMENT DISCUSSIONS - QUO WARRANTO. COUNCIL AGENDA: //1 ITEM:. CITY OF SAN IPSE CAPITAL OF SILICON VALLEY TO: HONORABLE MAYOR AND CITY COUNCIL SUBJECT: MEASURE B SETTLEMENT DISCUSSIONS - QUO WARRANTO Memorandum FROM: Norberto L. Duenas DATE:

More information

CERTIFIED FOR PUBLICATION APPELLATE DIVISION OF THE SUPERIOR COURT STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

CERTIFIED FOR PUBLICATION APPELLATE DIVISION OF THE SUPERIOR COURT STATE OF CALIFORNIA, COUNTY OF LOS ANGELES Filed 1/13/16 TO BE PUBLISHED IN THE OFFICIAL REPORTS CERTIFIED FOR PUBLICATION APPELLATE DIVISION OF THE SUPERIOR COURT STATE OF CALIFORNIA, COUNTY OF LOS ANGELES LOUISE CHEN, ) No. BV 031047 ) Plaintiff

More information

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION [NUMBER]

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION [NUMBER] Parts in blue print are instructions to user, not to be included in filed document unless so noted. [Parts and references in green font, if any, refer to juvenile proceedings. See Practice Note, this web

More information

VIRGINIA: IN THE CIRCUIT COURT OF SOUTHWESTERN COUNTY 1

VIRGINIA: IN THE CIRCUIT COURT OF SOUTHWESTERN COUNTY 1 VIRGINIA: IN THE CIRCUIT COURT OF SOUTHWESTERN COUNTY 1 SMOOTH RIDE, INC., Plaintiff, v. Case No.: 1234-567 IRONMEN CORP. d/b/a TUFF STUFF, INC. and STEEL-ON-WHEELS, LTD., Defendants. PLAINTIFF SMOOTH

More information