This case was last updated from Butte County Superior Courts on 02/10/2021 at 13:22:25 (UTC).

Tyler Edwards, Inc vs McCain, Kevin et al

Case Summary

On 09/23/2020 Tyler Edwards, Inc filed a Contract - Other Contract lawsuit against McCain, Kevin. This case was filed in Butte County Superior Courts, Not Classified By Court located in Butte, California. The Judges overseeing this case are Glusman, Robert A, Benson, Stephen E and Mosbarger, Tamara L. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *****1884

  • Filing Date:

    09/23/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Not Classified By Court

  • County, State:

    Butte, California

Judge Details

Judges

Glusman, Robert A

Benson, Stephen E

Mosbarger, Tamara L

 

Party Details

Plaintiff

Tyler Edwards, Inc

Defendants

McCain, Sarah

McCain, Kevin

Premier Mortgage Resources, LLC, a Limited Liability Company

TCF National Bank

Attorney/Law Firm Details

Plaintiff Attorney

Power, Stacie Lynn

Defendant Attorneys

Hansen, Chance M

Juhl-Rhodes, Lia Michelle

Spaeder-Younkin, Joan Carol

Shakibi, Katayoun

 

Court Documents

Civil Minutes

01/27/2021: Civil Minutes

Proof of Service of Opposition and Declaration

01/13/2021: Proof of Service of Opposition and Declaration

Declaration of Stacie L. Power in Opposition to Defendants' Demurrer to Complaint

01/13/2021: Declaration of Stacie L. Power in Opposition to Defendants' Demurrer to Complaint

Plaintiff's Opposition to Demurrer

01/13/2021: Plaintiff's Opposition to Demurrer

Notice of Reassignment of All Purpose Judge

01/05/2021: Notice of Reassignment of All Purpose Judge

TCF National Bank's Answer to Amended Complaint

01/04/2021: TCF National Bank's Answer to Amended Complaint

Memorandum of Points & Authorities

12/21/2020: Memorandum of Points & Authorities

Request for Judicial Notice in Support of Demurrer

12/21/2020: Request for Judicial Notice in Support of Demurrer

Declaration of Chance Hansen in Support of Demurrer to Amended Complaint

12/21/2020: Declaration of Chance Hansen in Support of Demurrer to Amended Complaint

Notice of Hearing on Demurrer and Demurrer to Amended Complaint

12/21/2020: Notice of Hearing on Demurrer and Demurrer to Amended Complaint

Proof of Service of Amended Summons/Complaint as to Premier Mortgage Resources LLC

12/16/2020: Proof of Service of Amended Summons/Complaint as to Premier Mortgage Resources LLC

Amended Complaint - Claim Amount Unchanged (No Fee)

11/17/2020: Amended Complaint - Claim Amount Unchanged (No Fee)

Proof of Service of Amended Complaint

11/17/2020: Proof of Service of Amended Complaint

Notice and Acknowledgment of Receipt as to Kevin McCain

10/08/2020: Notice and Acknowledgment of Receipt as to Kevin McCain

Notice of Assignment and Case Management Conference

09/23/2020: Notice of Assignment and Case Management Conference

Civil Case Cover Sheet

09/23/2020: Civil Case Cover Sheet

Summons Issued and Filed

09/23/2020: Summons Issued and Filed

Complaint

09/23/2020: Complaint

16 More Documents Available

 

Docket Entries

  • 03/24/2021
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  • DocketCase Management Conference; Proof of Service of Amended Complaint; Amended Complaint - Claim Amount Unchanged (No Fee); Proof of Service of Amended Summons/Complaint as to Premier Mortgage Resources LLC; Judicial Officer: Benson, Stephen E; Hearing Time: 10:30 AM

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  • 01/27/2021
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  • DocketMinute Order; Civil Minutes

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  • 01/27/2021
  • DocketTentative Ruling; Comment: The Court grants Defendants' request for judicial notice. The Court does not consider the exhibits attached to Plaintiff's opposition in ruling on this demurrer. Defendants' demurrer to the First Amended Complaint is sustained in part and overruled in part. The demurrer is sustained without leave to amend with regard to Plaintiff's first cause of action for breach of contract. Plaintiff does not oppose the demurrer with regard to the first cause of action and Plaintiff fails to set forth any grounds for leave to amend. The demurrer with regard to the second cause of action for foreclosure of mechanics' lien is overruled. Defendants present no authority for the Court to find a lack of notice based on cancelation of the contract. And the Court finds that the First Amended Complaint states timely recordation of a mechanics' lien under Civil Code sections 8412 and 8180(a)(3). As the Third District Court of Appeals explained in Picerne Construction Corp. v. Castellino Villas (2016) 244 Cal. App. 4th 1201: Howard S. Wright Construction Co. v. BBIC Investors, LLC (2006) 136 Cal. App. 4th 228 "does not construe the meaning of the phrase 'completion of the work of improvement' in former section 3115 [now 8412] or the term 'completion' in former section 3086 [now 8180]. Instead, Howard S. Wright interpreted the phrase 'completes his contract' in former section 3115. That phrase set the earliest date when a lien claimant may record a claim of lien. The appellate court in Howard S. Wright recognized the phrase 'completes his contract' is distinct from the phrase 'completion of such work of improvement.'... ." Picerne, at p. 1214 (emphasis added)(internal citations omitted). The Court thus finds Howard S. Wright distinguishable. Defendants shall file an Answer to the First Amended Complaint within ten days and shall submit a form of Order consistent with this ruling.

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  • 01/27/2021
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  • DocketDemurrer; Notice of Hearing on Demurrer and Demurrer to Amended Complaint; Declaration of Chance Hansen in Support of Demurrer to Amended Complaint; Request for Judicial Notice in Support of Demurrer; Memorandum of Points & Authorities; TCF National Bank's Answer to Amended Complaint; Notice of Reassignment of All Purpose Judge; Plaintiff's Opposition to Demurrer; Declaration of Stacie L. Power in Opposition to Defendants' Demurrer to Complaint; Proof of Service of Opposition and Declaration; Defendants' Written Objection to improper Extrinsic Evidence Presented by Plaintiff; Reply Brief in Support of Demurrer to Amended Complain; Civil Minutes; Judicial Officer: Benson, Stephen E; Hearing Time: 9:00 AM; Result: Held; Comment: Notice of Hearing on Demurrer and Demurrer to Amended Complaint

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  • 01/22/2021
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  • DocketRequest to Enter Default-Entered

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  • 01/20/2021
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  • DocketReply; Reply Brief in Support of Demurrer to Amended Complain; Comment: Reply Brief in Support of Demurrer to Amended Complain

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  • 01/20/2021
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  • DocketObjection - No Fee; Defendants' Written Objection to improper Extrinsic Evidence Presented by Plaintiff; Comment: Defendants' Written Objection to improper Extrinsic Evidence Presented by Plaintiff

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  • 01/13/2021
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  • DocketProof of Service; Proof of Service of Opposition and Declaration; Comment: Proof of Service of Opposition and Declaration

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  • 01/13/2021
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  • DocketDeclaration; Declaration of Stacie L. Power in Opposition to Defendants' Demurrer to Complaint; Comment: Declaration of Stacie L. Power in Opposition to Defendants' Demurrer to Complaint

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  • 01/13/2021
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  • DocketOpposition - No Fee; Plaintiff's Opposition to Demurrer; Comment: Plaintiff's Opposition to Demurrer

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19 More Docket Entries
  • 10/08/2020
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  • DocketNotice and Acknowledgment of Receipt; Notice and Acknowledgment of Receipt as to Kevin McCain; Comment: Notice and Acknowledgment of Receipt as to Kevin McCain

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  • 09/23/2020
  • Cause Of ActionJudicial Review; Type: Action; Description: Foreclosure of Mechanic's Lien

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  • 09/23/2020
  • Cause Of ActionContract; Type: Action; Description: Breach of Contract

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  • 09/23/2020
  • DocketCause Of Action; Action Judicial Review; File Date 09/23/2020

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  • 09/23/2020
  • DocketCause Of Action; Action Contract; File Date 09/23/2020

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  • 09/23/2020
  • DocketProof of Service; Served: 10/07/2020; Served: 10/07/2020

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  • 09/23/2020
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  • DocketNotice of Assignment and Case Management Conference; Judicial Officer: Glusman, Robert A

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  • 09/23/2020
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  • DocketCivil Case Cover Sheet

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  • 09/23/2020
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  • DocketSummons Issued and Filed

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  • 09/23/2020
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  • DocketComplaint

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