This case was last updated from Fresno County Superior Courts on 07/01/2022 at 08:04:02 (UTC).

Bank of Stockton vs. Morris F. Garcia / LEAD CASE

Case Summary

On 04/27/2012 Bank of Stockton filed a Forfeiture - Other Forfeiture lawsuit against Morris F Garcia / LEAD CASE. This case was filed in Fresno County Superior Courts, Fresno County BF Sisk Courthouse located in Fresno, California. The Judges overseeing this case are Culver Kapetan, Kristi, Ikeda, Dale, Smith, Bruce, Gamoian, Lisa, Gaab, Kimberly, Snauffer, Mark, Hamilton, Jeffrey Y. and McGuire, Rosemary. The case status is Disposed - Judgment Entered.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3902

  • Filing Date:

    04/27/2012

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Forfeiture - Other Forfeiture

  • County, State:

    Fresno, California

Judge Details

Judges

Culver Kapetan, Kristi

Ikeda, Dale

Smith, Bruce

Gamoian, Lisa

Gaab, Kimberly

Snauffer, Mark

Hamilton, Jeffrey Y.

McGuire, Rosemary

 

Party Details

Cross Defendants and Plaintiffs

Maddox, Matilda

Bank of Stockton

Maddoxx, Matilda

Cross Plaintiffs, Defendants and Consolidated 3Rd Party Defendants

Garcia, John

Bank of Stockton

Garcia, Janie

Garcia, Morris F.

Garica, Sharon A.

Matilda Maddox, as Executive of / Estate of Douglas Maddox

Bank of Stockton, a California Corporation

Garcia, Jane

Vista Del Sol Farms, LLC

Vista Del Sol Marms, I, LLC

24 More Parties Available

Attorney/Law Firm Details

Cross Defendant, Plaintiff and Defendant Attorneys

Cuttone, Brian K.

Johnson, Greg L

Gilmore, David M.

Owdom, Matthew D.

Plaintiff, Cross Plaintiff and Consolidated 3Rd Party Defendant Attorneys

Johnson, Greg L

Gilmore, David M.

Cross Plaintiff, Defendant and Consolidated 3Rd Party Defendant Attorney

Gilmore, David M.

Other Attorneys

Slater, G. Andrew

Brodehl, Kevin R.

Rigby, Katherine M

 

Court Documents

Order filed

Order filed; Judicial Officer: Culver Kapetan, Kristi; Comment: After Hearing on Motion to Quash deposition subpoena to Fresno Madera Farm Credit

Request for Pre-Trial Discovery filed

Civil Document; Comment: forwarded to Dept 403

Memorandum of Points and Authorities

Memorandum of Points and Authorities; Comment: in Support of Motion to Quash the Stoughton Davidson Subpoena

Notice of Motion

Notice of Motion; Comment: and Motion to: Quash Macy's Subpoena

Objection filed

Objection; Comment: to Declaration of Greg L. Johnson

Association of Attorney filed

Association of Attorney/Counsel; Comment: Notice of Association of Attorney/Counsel

Amended Document Filed

Civil Document; Comment: Proof of Service of Bank of Stockton's Reply in Support of Demurrer, etc.

Order Received for Signature

Proposed Order; Comment: PENDING REVIEW Forwarded to: 404 [proposed] Order Granting Bank Of Stockton's Application For Order To Enforce Settlement

Demurrer Filed

Civil Document; Comment: to Morris Garcia's and Sharon Garcia's Third Amended Complaint

4/13/22 - Writ of Execution Issued

04/14/2022: 4/13/22 - Writ of Execution Issued

4/13/22 - Memorandum of Costs After Judgment Filed

04/13/2022: 4/13/22 - Memorandum of Costs After Judgment Filed

1/19/22 - Abstract

01/21/2022: 1/19/22 - Abstract

12/23/2021- Notice of Entry of Judgment

12/23/2021: 12/23/2021- Notice of Entry of Judgment

Order filed

12/16/2021: Order filed

12-14-21 (Proposed) Judgment on Costs

12/14/2021: 12-14-21 (Proposed) Judgment on Costs

11-18-21 Memorandum of Costs

11/18/2021: 11-18-21 Memorandum of Costs

Notice of entry of judgment-Garcia.pdf

11/09/2021: Notice of entry of judgment-Garcia.pdf

Garcia Judgment.pdf

11/02/2021: Garcia Judgment.pdf

824 More Documents Available

 

Docket Entries

  • 04/14/2022
  • FinancialFinancial info for Garcia, John: EFile Payment Receipt # WEB-2022-23017 Garcia, John $40.00

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  • 04/14/2022
  • FinancialFinancial info for Garcia, John: Transaction Assessment $40.00

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  • 04/14/2022
  • View Court Documents
  • DocketWrit of Execution Issued; Comment: County: Fresno Amount: $42,931.80

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  • 04/13/2022
  • View Court Documents
  • DocketMemorandum of Costs After Judgment Filed; Comment: Costs: $0.00 Credit: $0.00 Interest: $1,321.24

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  • 01/21/2022
  • FinancialFinancial info for Garcia, John: EFile Payment Receipt # WEB-2022-04427 Garcia, John $40.00

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  • 01/21/2022
  • FinancialFinancial info for Garcia, John: Transaction Assessment $40.00

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  • 01/21/2022
  • View Court Documents
  • DocketAbstract of Judgment Issued; Comment: Amount: $41,570.56

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  • 12/23/2021
  • View Court Documents
  • DocketNotice of Entry of Judgment; Comment: Notice of Entry of Judgment

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  • 12/16/2021
  • DocketCosts added to Judgment; Comment: $41,570.56 to Judgment dated 11-4-2021

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  • 12/16/2021
  • View Court Documents
  • DocketOrder filed; Judicial Officer: Gaab, Kimberly; Comment: add costs to judgment

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1,231 More Docket Entries
  • 07/09/2012
  • DocketNotice filed; Comment: Notice of Joinder in motion to transfer filed.

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  • 06/26/2012
  • DocketZ_Conversion; Comment: Ex parte application of plaintiff for order for publication of summons filed. Event: Ex Parte document filed

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  • 06/26/2012
  • DocketDeclaration filed; Comment: Declaration of Dennis Hauser filed.

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  • 06/22/2012
  • DocketPOS of summons & comp personal; Comment: Proof of service of summons and complaint filed showing personal service on Sharon Garcia on 5-29-12.

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  • 06/22/2012
  • DocketPOS of summons & comp personal; Comment: Proof of service of summons and complaint filed showing personal service on Morris F. Garcia on 5-29-12.

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  • 04/27/2012
  • DocketNotice filed; Comment: Notice of case assignment filed. gs

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  • 04/27/2012
  • DocketSummons filed; Comment: Summons on Complaint filed. gs

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  • 04/27/2012
  • DocketCivil case cover sheet; Comment: Civil Case Cover Sheet gs

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  • 04/27/2012
  • DocketCivil complaint filed; Comment: Civil complaint filed gs

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  • 04/27/2012
  • DocketZ_Conversion; Comment: Event: New Civil Case Filed

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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.”]

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