This case was last updated from Fresno County Superior Courts on 03/08/2018 at 11:50:06 (UTC).

Dean Hiyama vs. Paige A. Rivera/LEAD

Case Summary

On 08/15/2014 Dean Hiyama filed a Property - Other Real Property lawsuit against Paige A Rivera/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, Hamilton, Jeffrey Y, Snauffer, Mark, Dalesandro, Samuel and Hamilton, Jeffrey Y.. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2395

  • Filing Date:

    08/15/2014

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Court:

    Fresno County Superior Courts

  • Courthouse:

    Bf Sisk Courthouse

  • County, State:

    Fresno, California

Judge Details

Judges

Ikeda, Dale

Hamilton, Jeffrey Y

Snauffer, Mark

Dalesandro, Samuel

Hamilton, Jeffrey Y.

 

Party Details

Plaintiffs, Cross Plaintiffs and Defendants

Hiyama, Dean

Rivera, Paige A

Rivera, Paige Ann

All Persons Unknown Claiming any Legal Right, Title

Fidelity National Title Insurance Company, a California Corporation

Defendant and Cross Defendant

Rivera, Paige Ann

Attorney/Law Firm Details

Plaintiff, Cross Plaintiff and Defendant Attorneys

Thornton, Douglas V.

Rummonds Barron Thornton 1725 N Fine

Fresno, CA 93727

Winter, Jody L.

Trapani, Thomas A

Plaintiff, Defendant and Cross Defendant Attorney

Winter, Jody L.

 

Court Documents

Statement filed

Statement; Comment: STATEMENT OF EVIDENCE IN SUPPORT OF OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY ADJUDICATION

Request for Judical Notice

Request; Comment: RJN - Exhibit 18-3

Request for Judical Notice

Request; Comment: RJN - Exhibit 13

Declaration Filed

Declaration; Comment: Dec of Rivera - Exhibits 19-26

ADR Stipulation Mediation filed

Stipulation; Comment: Parties to engage in mediation. Mediator: TBD

Deposit, payment,disbursment

Deposit, payment,disbursment; Comment: Jury fee deposit in the amount of $150.00 on behalf of Paige Ann Rivera

Deposit, payment,disbursment

Notice of Jury Deposit; Comment: of Jury Fees paid by Cross Defendant

Civil case cover sheet

Civil Case Cover Sheet; Comment: Civil Case Cover Sheet - Cross-Complaint

Response filed

Response filed; Comment: Response re order dated 6-1-15

Opposition filed

Opposition; Comment: Defendants/Cross-Complaint's Opp to Ex Parte

Request for Judical Notice

Request; Comment: RJN - Exhibit 14

Request for Judical Notice

Request; Comment: RJN - Exhibit 12

Request for Judical Notice

Request; Comment: RJN - Exhibit 2

Declaration Filed

Declaration; Comment: Dec of Winter - Exhibit 18-4

Statement filed

Separate Statement; Comment: Statement of Undisputed Facts

Answer Filed

Answer/Response/Denial/Demurrer - No Fee; Comment: Answer/Response/Denial/Demurrer - No Fee

Proof of Service

Proof of Service

Notice Filed

Notice Filed; Comment: of disassociation of counsel

72 More Documents Available

 

Docket Entries

  • 10/15/2018
  • Jury Trial- Judicial Officer: Snauffer, Mark; Hearing Time: 9:00 AM; Comment: Req by Both; Est time 5 - 7 Days

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  • 10/12/2018
  • Trial Readiness- Judicial Officer: Snauffer, Mark; Hearing Time: 9:30 AM

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  • 09/11/2018
  • Mandatory Settlement Conference- Hearing Time: 1:30 PM

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  • 04/04/2018
  • Motion - Amend- Judicial Officer: Hamilton, Jeffrey Y.; Hearing Time: 3:28 PM; Comment: complaint; Douglas Thronton

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  • 03/15/2018
  • Summary Judgment- Judicial Officer: Hamilton, Jeffrey Y.; Hearing Time: 3:27 PM; Comment: Jodi Winter

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  • 03/02/2018
  • View Court Documents
  • Opposition filed- Opposition; Comment: to RJN of Paiger Ann Rivera RE MSJ

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  • 03/01/2018
  • View Court Documents
  • Minute Order Attachment- Minute Order Attachment; Comment: Ex Parte re: OSt to Amend Complaint

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  • 03/01/2018
  • View Court Documents
  • Opposition filed- Opposition; Comment: PLAINTIFF'S ADDITIONAL DISPUTED MATERIAL FACTS IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY ADJUDICATION

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  • 03/01/2018
  • View Court Documents
  • Objection filed- Objection; Comment: PLAINTIFF'S OBJECTIONS TO DECLARATION OF PAIGE ANN RIVERA RE MOTION FOR SUMMARY ADJUDICATION

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  • 03/01/2018
  • View Court Documents
  • Statement filed- Statement; Comment: STATEMENT OF EVIDENCE IN SUPPORT OF OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY ADJUDICATION

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231 More Docket Entries
  • 11/02/2016
  • Financial info for Hiyama, Dean: Transaction Assessment $8.50

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  • 01/27/2015
  • Financial info for Hiyama, Dean: Counter Payment Receipt # 198919 Hiyama, Dean $20.00

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  • 01/27/2015
  • Financial info for Hiyama, Dean: Transaction Assessment $20.00

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  • 12/30/2014
  • Financial info for Hiyama, Dean: Counter Payment Receipt # 197971 Hiyama, Dean $60.00

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  • 12/30/2014
  • Financial info for Hiyama, Dean: Transaction Assessment $60.00

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  • 12/12/2014
  • Financial info for Hiyama, Dean: Counter Payment Receipt # 197423 Hiyama, Dean $150.00

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  • 12/12/2014
  • Financial info for Hiyama, Dean: Transaction Assessment $150.00

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  • 08/15/2014
  • Financial info for Hiyama, Dean: Counter Payment Receipt # 193485 Hiyama, Dean $435.00

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  • 08/15/2014
  • Financial info for Hiyama, Dean: Transaction Assessment $435.00

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  • 08/15/2014
  • Financial: Hiyama, Dean; Total Financial Assessment $793.50; Total Payments and Credits $793.50

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Complaint Information

E-FILED

Douglas V. Thornton, Bar #154956 3/1/2018 8:24 AM

Robert W. Branch, Bar #154963 FRESNO COUNTY SUPERIOR COURT THORNTON LAW GROUP, P.C. By: K. Daves, Deputy 1725 North Fine Avenue

Fresno, California 93727-1616 Telephone (559) 400-8999 Facsimile (559) 492-3385

Attorneys for: Plaintiff and Cross-defendant DEAN HIYAMA

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF FRESNO

ORDER SHORTENING TIME FOR

V. A MOTION TO AMEND SECOND

AMENDED COMPLAINT

PAIGE ANN RIVERA,; and all persons claiming by, through, or Under Such Persons; and All Persons Unknown Claiming Any Legal Right, Title, Estate, Lien, or Interest in the Property Described in the Complaint Adverse to Plaintiffs' Title, or Any Cloud On Plaintiffs' Title Thereto and DOES 1-20, inclusive,

Hearing Date: March 1, 2018 Hearing Time: 3:30 p.m. Dept.: 402

Judge: Jeffrey Y. Hamilton, Jr.

AND RELATED CROSS-ACTION.

TO THE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD in the above-captioned matter:

NOTICE IS HEREBY GIVEN that on March 1, 2018, at 3:30 p.m., or as soon thereafter as the matter may be heard in Department 402 of the above-entitled Court located at 1130 "O" Street, Fresno, California, 93721, Plaintiff DEAN HIYAMA ("Plaintiff"), will, and hereby does, apply for an order shortening time for a motion to amend the second amended complaint

California Rules of Court, Rule 3.1202(c), provides that an ex parte application for an order may be granted where there is a dafiger of irreparable harm, immediate danger, or other statutory basis for granting the ex parte relief sought rather than setting the matter for hearing on

a noticed motion.

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- Ex Parte Application for an Order Shortening Time for a Motion to Amend Second Amended Complaint

- Ex Parte Application for an Order Shortening Time for a Motion to Amend Second Amended Complaint Ex parte relief is necessary here to amend the second amended complaint to include a cause of action for resulting trust. The additional cause of action of a Resulting Trust (although the elements are pled in the constructive trust cause of action) is not formally titled as such in the Second Amended Complaint.

Ex parte relief is necessary here to amend the second amended complaint to include a cause of action for resulting trust. The additional cause of action of a Resulting Trust (although the elements are pled in the constructive trust cause of action) is not formally titled as such in the Second Amended Complaint.

A resulting trust does not require an agreement between the parties. Instead, there is a presumption that when a person provides funds to purchase property but doesname, then the legal owner is the trustee of a resulting trust for the benefit of the party who provided the funds to purchase the property.

Plaintiff has set a hearing date of April 4, 2018, for a noticed motion to amend. An ex parte order shortening time is needed because the motion to amend cannot be heard on regular notice prior to Defendant PAIGE ANN RIVERA's motion for summary judgment set for March 15, 2018. Plaintiff will be severely prejudiced if he is not allowed to include the additional cause of action of Resulting Trust. As a result, this action would not be determined on the merits. Plaintiff is not requesting any substantive relief in this application, but simply a special setting for the hearing on the Motion to Amend the Second Amended Complaint.

The order requested is within the Court's authority, and good cause exists for granting the order shortening time.

No previous ex parte application has been made for an order shortening time for a motion to amend the second amended complaint.

Plaintiff provided notice of this ex parte application to counsel for all parties not later than 10:00 a.m. on Wednesday, February 28, 2018, as stated in the declaration of Christy Reed filed herewith.

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- Ex Parte Application for an Order Shortening Time for a Motion to Amend Second Amended Complaint

- Ex Parte Application for an Order Shortening Time for a Motion to Amend Second Amended Complaint Pursuant to California Rules of Court, Rule 3.1202(a), the parties and the attorneys to the parties are as follows:

Pursuant to California Rules of Court, Rule 3.1202(a), the parties and the attorneys to the parties are as follows:

Attorneys for Defendant PAIGE ANN RIVERA

Jody L. Winter

Lloyd Winter, P.C.

1724 Broadway Street, Suite #6 Fresno, CA 93721

Telephone: (559) 233-3636 Facsimile: (559) 385-2000 jwinter@lloydwinterlaw.com

Attorpeys for Plaintiff DEAN HIYAMA

Douglas V. Thornton, Esq. Thornton Law Group, P.C.

1725 N. Fine Ave.

Fresno, CA 93727

e-mail: dthornton@tlglawyers.com Telephone: (5§59) 400-8999

The ex parte application is based upon: this application; the pleadings on file in this case; the accompanying memorandum of points and authorities; the declarations of Douglas V. Thornton, Esq.; the declaration of Christy Reed regarding giving notice of this application; the proposed Order filed herewith; upon all the papers, records and documents on file herein; and upon such evidence, oral and documentary, to be introduced at the hearing on this application.

Dated: February 28, 2018. THORNTON LAW GROUP, P.C.

PROOF OF SERVICE

1, the undersigned, declare:

I am a citizen of the United States of America, am over the age of eighteen (18) years, and not a party to the within action. I am an employee of the Thornton Law Group, P.C., and my business address is 1725 N. Fine Avenue, Fresno, California, 93727.

On March 1, 2018, I caused to be served the following document(s): EX PARTE APPLICATION FOR AN ORDER SHORTENTIN TIME FOR MOTION TO AMEND SECOND AMENDED COMPLAINT on the parties involved addressed as follows:

Jody L. Winter

Lloyd Winter, P.C.

1724 Broadway Street, Suite #6 Fresno, CA 93721

Telephone: (559) 233-3636 Facsimile: (559) 385-2000 jwinter@lloydwinterlaw.com

] BY MAIL: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Fresno, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in the affidavit.

[] BY FACSIMILE: I caused said document(s) to be transmitted by facsimile pursuant to Rule 2.306 of the California Rules of Court. The telephone number of the sending facsimile machine was (559) 492-3385. The name(s) and facsimile machine telephone number(s) of the person(s) served are set forth in the service list. The sending facsimile machine (or the machine used to forward the facsimile) issued a transmission report confirming that the transmission was complete and without etror.

L] BY PERSONAL SERVICE: 1 caused such envelope(s) to be delivered by hand to the offices of the addressee(s).

X BY ELECTRONIC SERVICE: 1 caused said documents to be transmitted to the interested parties electronically pursuant to Rule 2,260 of the California Rules of Court using the electronic notification address(es) set forth above.

] BY OVERNIGHT COURIER: I caused such envelope(s) to be delivered to an overnight courier service for delivery to the addressee(s) on the next business day, in an envelope or package designated by the overnight courier service.

< (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. |

Executed on March 1, 2018, at Fresno, California.

Christy Ree

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- Ex Parte Application for an Order Shortening Time for a Motion to Amend Second Amended Complaint