This case was last updated from Fresno County Superior Courts on 03/01/2018 at 05:59:32 (UTC).

Bank of Stockton vs. Morris F. Garcia/LEAD

Case Summary

On 04/27/2012 Bank of Stockton filed a Forfeiture - Other Forfeiture lawsuit against Morris F Garcia/LEAD. This case was filed in Fresno County Superior Courts, Bf Sisk Courthouse located in Fresno, California. The Judges overseeing this case are Ikeda, Dale, Culver Kapetan, Kristi, Snauffer, Mark, Smith, Bruce and Gamoian, Lisa. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3902

  • Filing Date:

    04/27/2012

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Forfeiture - Other Forfeiture

  • Court:

    Fresno County Superior Courts

  • Courthouse:

    Bf Sisk Courthouse

  • County, State:

    Fresno, California

Judge Details

Judges

Ikeda, Dale

Culver Kapetan, Kristi

Snauffer, Mark

Smith, Bruce

Gamoian, Lisa

 

Party Details

Plaintiffs

Bank of Stockton, a Corporation

Maddox, Matilda

Defendants, Cross Plaintiffs and Not Yet Classified

Garcia, John

Garcia, Morris F

Garica, Sharon A

Vista Del Sol Farms, a LLP Company

Vista Del Sol Farms 1, a LLP Company

Matilda Maddox, as Ececutrix of / Estate of Douglas Maddox

Bank of Stockton

Garcia, Janie

Garcia, Morris F.

Garica, Sharon A.

Vista Del Sol Farms, a LLC Company

Vista Del Sol Farms 1, a LLC Company

Matilda Maddox, as Executive of / Estate of Douglas Maddox

Garcia, Jane

Vista Del Sol Farms, LLC

Vista Del Sol Marms, I, LLC

Cross Defendant and Plaintiff

Maddox, Matilda

Not Yet Classified, Cross Plaintiffs and Defendants

Bank of Stockton, a California Corporation

Garcia, John

Bank of Stockton

Garcia, Janie

Maddoxx, Matilda

7 More Parties Available

Attorney/Law Firm Details

Plaintiff, Not Yet Classified, Defendant and Cross Plaintiff Attorneys

HAUSER, DENNIS M

455 Capitol Mall

Sacramento, CA 95814

Johnson, Greg L

Cuttone, Brian K.

Gilmore, David M.

Slater, G. Andrew

Farley, Michael L.

Owdom, Matthew D.

Plaintiff, Cross Defendant, Not Yet Classified and Defendant Attorney

Cuttone, Brian K.

 

Court Documents

Request for Dismissal Received - Pending Review

Request for Dismissal; Comment: Request for Dismissal as to John and Jane Garcia and Vista Del Sol Farm Entities

Minute Order Attachment

Minute Order Attachment

Memorandum of Points and Authorities

Memorandum of Points & Authorities; Comment: Memorandum of Points and Authorities in Opposition to Ex Parte Application to Enforce Settlement Agreement

Minute Order Attachment (Tentative Rulings Only)

Minute Order Attachment (Tentative Rulings Only); Comment: Demurrer

Memorandum of Points and Authorities

Memorandum of Points and Authorities; Comment: in Support of Opposition to Bank of Stockton's Motion for Sanctions as to the Third Amended Complaint

Request for Judical Notice

Request for Judical Notice; Comment: in support of Bank of Stockton's renewed motion for sanctions

Memorandum of Points and Authorities

Memorandum of Points and Authorities; Comment: in Suport of Motion to Quash Capital One Subpoena

Notice of Motion

Notice of Motion; Comment: and Motion to: Quash Bank of America Subpoena

Opposition filed

Opposition filed; Comment: Bank of Stockton's Opposition to Matilda Maddox's Motion for Sanctions

Clerk's Certificate of Mailing

Clerk's Certificate of Mailing; Comment: I certify that I am not a party to this cause and a true copy of the Order on Request for Statement of Decision; Order re: Maddox's Laches Defense was placed in a sealed envelope and placed for collection and mailing on the date and at the place shown below following our ordinary business practice. I am readily familiar with this court's practice for collection and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service with postage fully prepaid. Place of Mailing: Fresno, California on September 20th, 2016. Parties served: See attached.

Memorandum of Points and Authorities

Reply to Opposition to Motion to Quash Cabela's; Comment: in reply to Opposition to Motion to Quash Cabela's

Memorandum of Points and Authorities

Memorandum of Points and Authorities; Comment: in support of opposition to motion to quash plaintiffs' deposition to subpoena to fresno madera farm credit records

Amended Document Filed

Civil Document; Comment: Second Amended Complaint

Notice of Motion

Notice of Motion; Comment: and Motion for: Judgement on the Pleadings as to the Fourth Cause of Action in the Second Amended Complaint and as to Matilda Maddox's First Amended Cross Complaint

Notice of Hearing

Civil Document; Comment: on Demurrer to first cross complaint

Reply filed

Reply filed; Comment: to Opposition to Motion for Leave to Amend Cross-Complaint

Proof of Service

Proof of Service; Comment: of Substitution of Attorney mail on 5/19/2015 no Nathan S Miller

Declaration Filed

Declaration Filed; Comment: of Brian K. Cuttone in Support of Motion for Sancitons

280 More Documents Available

 

Docket Entries

  • 12/19/2016
  • View Court Documents
  • Disposition: Judgment- Dismissal of Party; Judgment Type: Dismissal of Party; Party Names: Garcia, John; Garcia, Jane; Vista Del Sol Farms, LLC; Vista Del Sol Marms, I, LLC; Comment: Without Prejudice.

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  • 11/30/2016
  • View Court Documents
  • Disposition: Judgment- Judgment After Court Trial; Judicial Officer: Culver Kapetan, Kristi; Judgment Type: Judgment After Court Trial; Judgment - Monetary Award; Awarded To:; Bank of Stockton, a Corporation; Awarded Against:; Matilda Maddox, as Executive of / Estate of Douglas Maddox; Comment: to recover costs

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  • 09/12/2016
  • View Court Documents
  • Disposition: Judgment- Judgment After Court Trial; Judicial Officer: Gamoian, Lisa; Judgment Type: Judgment After Conditional Settlement; Judgment - Non-Monetary Award; Awarded To:; Bank of Stockton; Awarded Against:; Garcia, Morris F.; Garica, Sharon A.

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  • 07/05/2016
  • View Court Documents
  • Disposition: Judgment- Dismissal - Other filed; Judicial Officer: Culver Kapetan, Kristi; Judgment Type: Dismissal of Party; Party Name: Bank of Stockton; Comment: dismissed with prejudice as to Bank of Stockton

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  • 08/18/2016
  • View Court Documents
  • Disposition: Judgment- Dismissal of Party; Judicial Officer: Culver Kapetan, Kristi; Judgment Type: Dismissal of Party; Party Names: Vista Del Sol Farms I, a Limited Liability Company; Vista Del Sol Farms, a Limited Liability Comnpany; John Garcia and Janie Garcia as trustees of the John and Janie Garcia Family Trust Dated Jan 2, 1997; Garcia, Janie; Garcia, John; Comment: with prejudice

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  • 01/06/2017
  • View Court Documents
  • Stipulation Filed- Stipulation; Comment: Stipulation To W Alve Costs And Right To Appeal

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  • 12/21/2016
  • View Court Documents
  • Memorandum of Costs filed- Memorandum of Costs; Comment: Total Costs: $ 7319.29

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  • 12/19/2016
  • View Court Documents
  • Request for Dismissal Received - Pending Review- Request for Dismissal; Comment: Request for Dismissal as to John and Jane Garcia and Vista Del Sol Farm Entities

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  • 12/14/2016
  • View Court Documents
  • Dismissal Not Entered- Dismissal Not Entered; Comment: Request for dismissal filed. Dismissal not entered as requested for the following reason: Sharon Garcia and Morris Garcia are not named in the Cross Complaint

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  • 12/14/2016
  • View Court Documents
  • Request for Dismissal Received - Pending Review- Request for Dismissal; Comment: Request for Dismissal re Morris & Sharon Garcia only

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868 More Docket Entries
  • 08/15/2014
  • Financial info for Bank of Stockton, a Corporation: Transaction Assessment $60.00

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  • 06/16/2014
  • Financial info for Bank of Stockton, a Corporation: Counter Payment Receipt # 191348 Bank of Stockton, a Corporation $100.00

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  • 06/16/2014
  • Financial info for Bank of Stockton, a Corporation: Transaction Assessment $100.00

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  • 01/24/2014
  • Financial info for Bank of Stockton, a Corporation: Counter Payment Receipt # 186352 Bank of Stockton, a Corporation $500.00

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  • 01/24/2014
  • Financial info for Bank of Stockton, a Corporation: Transaction Assessment $500.00

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  • 09/10/2013
  • Financial info for Bank of Stockton, a Corporation: Counter Payment Receipt # 181794 Bank of Stockton, a Corporation $60.00

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  • 09/10/2013
  • Financial info for Bank of Stockton, a Corporation: Transaction Assessment $60.00

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  • 01/30/2013
  • Financial info for Bank of Stockton, a Corporation: Counter Payment Receipt # 174065 Bank of Stockton, a Corporation $435.00

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  • 01/30/2013
  • Financial info for Bank of Stockton, a Corporation: Transaction Assessment $435.00

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  • 01/30/2013
  • Financial: Bank of Stockton, a Corporation; Total Financial Assessment $1,468.00; Total Payments and Credits $1,468.00

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Complaint Information

{ ‘ L ‘\—J

Michael L. Farley, SBN 76368 Jennie Barkinskaya, SBN 279880

FARLEY LAW FIRM

108 West Center Avenue

Visalia, California 93291 Telephone: 559-738-5975 Facsimile: 559-732-2305

Attorneys for Plaintiffs

LED SUPERIOR COUR| U

oy COUNTY OF EReéiG ORNA

\DEPUW' SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF FRESNO

MORRIS GARCIA, an individual; SHARON GARCIA, an individual;, and KEVIN GARCIA, Successor Trustee of the Morris and Sharon Garcia Family Trust Dated December 28, 1996; all Plaintiffs sue

Case No fiG-E‘GGOJA.IQ—-‘

Consolidated -~

Case Nog( 12CECG03902 & 13CECG00135

SECOND AMENDED COMPLAINT

individually and derivatively on behalf of FOR DAMAGES FOR Vista Del Sol Farms, a Limited Liability 1) BREACH OF FIDUCIARY DUTY - Company and Vista Del Sol Farms I, a DERIVATIVE ACTION; Limited Liability Company, | 2) BREACH OF FIDUCIARY DUTY - - o DIRECT ACTION;

Plaintiff, 3) CONVERSION;

4) MONEY HAD AND RECEIVED; —— VS.— 5) UNJUST ENRICHMENT; OMGRmI E, ,, | 3 ACCOUNTING , an 1mdividual; an

JANIE GARCIA as Trustees of the John and 8) IMPOSITION OF CONSTRUCTIVE

Janie Garcia Family Trust Dated January 2, 1997; BANK OF STOCKTON, a California Corporation; and DOES 1 through 20, inclusive,

Defendants. and

. ista Del Sol Farms, a Limited Liability ompany; and Vista Del Sol Farms I, a Limited Liability Company,

Nominal Defendants

TRUST; AND

DECLARATORY RELIEF

. 12CECG03902

AMND

Amended Document Filed

Amended Document Filed Plaintiffs MORRIS GARCIA, an individual, SHARON GARCIA, an individual, and KEVIN GARCIA, as Successor Trustee of the Morris and Sharon Garcia Family Trust Dated De;:ember 28, 1996, allege as follows: | ,

Plaintiffs MORRIS GARCIA, an individual, SHARON GARCIA, an individual, and KEVIN GARCIA, as Successor Trustee of the Morris and Sharon Garcia Family Trust Dated De;:ember 28, 1996, allege as follows: | ,

1. Plaintiff MORRIS GARCIA, an individual (“Morris™), is now, and at all times | relévant herein was an individual residing ifi the State of California, County of Fresno.

2. Plaintiff SHARON GARCIA, an individual (“Sharon”), is now, and at all times relevant herein was an individual residing in the State of California, County of Fresno. Morris and ‘Sharon are married. |

3. Plaintiff KEVIN GARCIA, Successor Trustee of the Morris and Sharon Garcia Family Trust Dated December 29, 1996 (“Kevin”), is now, and at all times relevant herein was an individual residing in the State of Califbrnia, Counties of Madera and Fresno. Morris, Sharon, and Kevin shall hereinafter collectively be referred to as “Plaintiffs.”

4. Plaintiffs are informed and believe and thereon allege that Defendant JOHN GARCIA (“John”), is now, and all time relevant herein was an individuél residing in the State of California, County of Madera.

5. Plaintiffs are informed and believe and thereon allege that Defendant JANIE "GARCIA (“Janie™), is now, and all times relevant herein was an individual residing in the State of California, County of Madera. John and Janie are married. |

6. Plaintiffs are ipformed and believe and thereon allege that Nominal Defendant Vista Del Sol Farms is a Limited Liability Company and is organized and exists under the laws of California with its headquarters located at 10414 Highway 145, Madera, CA 93637.

7. Plaintiffs are informed and believe and thereon allege that Nominal Defendant Vista Del Sol Farms I is a Limited Liability Company and is organized and exists under the lgiws of California with its headquarters located at 10414 Highway 145, Madera, CA_ 93637. Vista Del Sol, LLC and Vista del Sol I, LLC shall hereinafter be collectively referred to as the Vista Del Sol Entities. |

8. PlaintiffsA are informed and believe a.nd thereon'allege that John and Janie afe

Tritstees of the John and Janie Garcia Family Trust Dated J ;muary 2, 1997.

Tritstees of the John and Janie Garcia Family Trust Dated J ;muary 2, 1997. 9. Defendant Bank of Stockton (the “Bank”) is now, and at all times relevant herein, was a state banking corporation organized and existing under the laws of the State of California, with its principal place of business in San J oaquin County, California. John, Janie, and the Bank shall hereinafter be collectively referred to as “Defendants.”

9. Defendant Bank of Stockton (the “Bank”) is now, and at all times relevant herein, was a state banking corporation organized and existing under the laws of the State of California, with its principal place of business in San J oaquin County, California. John, Janie, and the Bank shall hereinafter be collectively referred to as “Defendants.”

10. Plaintiffs are ignorant of the true names and capacities of the Defendants sued herein as “DOES 1 through 20, inclusive,” and, therefore, sue these defendants by such fictitious names. Plaintiffs will amend this Second Amended Comp.laint to allege their true namles and capacities when ascertained. Plaintiffs are informed and believe and thereon allege that each of the fictitiously-named defendants are legally responsible in some manner for the occurrences herein alleged, and that Plaintiffs’ losses, as herein alleged, were proximately caused by such wrongful acts.

11. The hereinafter described allegations of negligence against Defendants, and each of them, are made without limitations thereto.

12. Plaintiffs’ damages, as alleged herein, were incurred in the County of Fresno and County of Madera, State of California.

13. - This Second Amended Complaint is not being presented primarily for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. To the best of the filing attorneys’ and Plaintiffs’ knowledge, information, and belief, formed afier an inquiry reasonable under the circumstances, 1) the allegations and other factual contentions, which are based upon the content of this Second Amended Complaint and exhibits attached hereto, have evidentiary support, or are likely to have evidentiary support after a réaSonable opportunity for further investigation or discovery; and 2) the claims or other legal contentions, which are based upon the content of this Second Amended Complaint and exhibits attached hereté, are warranted by exi'sting law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law.

FACTUAL BACKGROUND- |

14. Sometime in or about 1979, Morris and John formed a partnership, G2 Farms, a

farming operation focusing initially on growing cotton and related crops and later added almonds.

farming operation focusing initially on growing cotton and related crops and later added almonds. Later, Sharon and Janie also acquired interests in G2 Farms and the interests were divided equally with each partner receiving a 25% interest. | |

Later, Sharon and Janie also acquired interests in G2 Farms and the interests were divided equally with each partner receiving a 25% interest. | |

15. Sometime in or about the late 1990s, Morris facilitated G2’s acquisition of some real property consisting of approximately 320 acres in Huron, California. G2 farmed the land and made significant profits. The land was ultimately sold and the pfofit‘s frqm the farming operations, together with the profits from the sale, went towards the purchase of the second 160 acres in Chowchilla, This Chowchilla property (including 400 acres acquired at a later time) 1s ohe of the subjects of the dispute at issue in the instant matter and is more thoroughly discussed below.

16. Sometime in or about 2004, Morris formed Wasco Rose, LLC (“Wasco Rose”), a real estate development company in which Morris held a .maj ority interest through a wholly- owned corporation, Wesfem Ag Realty, Inc. (“Western Ag”).

17. As apart of Wasco Rose’s operations, Morris purchased land in Wasco, California on which he planned to cdnstruct approximately seventy-seven (77) single-family homes. Morris and Sharon, together with Western Ag Realty, took out loans from the Bank to finance this project. In addition, Wasco Rose took out some loans from the Bank. The loans to Wasco Rase were partially secured by real property consisting of a residential subdivision located in Wasco. | Morris and Western Ag Realty also guaranteed these loans to Wasco Rose.

‘ 18. Morris, Sharon, Western Ag Realty, and Wasco Rose eventually defaulted on the loan obligations and in August 24, 2009, the Bank filed an action against Morris, Sharon, and Western Ag éeeking repayment of the unpaid loans and obligations in San Joaquin Superior Court Case No. 39-2009-00224362 CU-BC-STK (the “Bank Action”).

19. Onor about January I, 2010, at the direction of Attorney ChnstOpher Seymour of Dowhng Aaron, Inc., Morris, Sharon, J ohn, and Janie converted the G2 Farms partnership into .two (2) separate limited liability companies under the names Vista Del Sol Farms and Vista Del “Sol Farms I. Upon formation of the Vista Del Sol Entities, each member received a twenty-five | percent (25%) in éach entity. [True and correct copy of Limited Liabflity Company Articles of

Organization — Conversion is attached hereto as Exhibit “A.”]

Organization — Conversion is attached hereto as Exhibit “A.”] 20. Upon formation of the Vista Del Sol Entities, capitalization occurred as follows: each member contributed their 25% interest in G2 Farms. This contribution established each' member’s capital account. [Sections 3.1 and Exhibits “A” to the Operating Agreements.] [True and correct copies of Operating Agreements for each Vista Del Sol Entity are collectively attached hereto as Exhibit “B.”]' |

20. Upon formation of the Vista Del Sol Entities, capitalization occurred as follows: each member contributed their 25% interest in G2 Farms. This contribution established each' member’s capital account. [Sections 3.1 and Exhibits “A” to the Operating Agreements.] [True and correct copies of Operating Agreements for each Vista Del Sol Entity are collectively attached hereto as Exhibit “B.”]' |

21. At the direction of Attorney Christopher Seymour, John was appointed as manager of each Vista Del Sol Entity. [Sections 1.20 of Exhibit “B.”]