This case was last updated from Fresno County Superior Courts on 08/14/2019 at 07:47:41 (UTC).

Fermin Ochoa Sr. vs Lotus Developments

Case Summary

On 12/31/2013 Fermin Ochoa Sr filed a Property - Construction Defect lawsuit against Lotus Developments. This case was filed in Fresno County Superior Courts, Bf Sisk Courthouse located in Fresno, California. The Judges overseeing this case are Simpson, Alan, Ikeda, Dale, Dalesandro, Samuel and Gamoian, Lisa. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3959

  • Filing Date:

    12/31/2013

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Property - Construction Defect

  • Court:

    Fresno County Superior Courts

  • Courthouse:

    Bf Sisk Courthouse

  • County, State:

    Fresno, California

Judge Details

Judges

Simpson, Alan

Ikeda, Dale

Dalesandro, Samuel

Gamoian, Lisa

 

Party Details

Plaintiffs

Ochoa Sr., Fermin

Ochoa Jr., Fermin

Fuentes, Mario

Ochoa, Fermin, SR

Ochoa, Fermin, JR

Defendants

Lotus Developments, a Calif limited Partnership

Northern California Universal Enterprise Company. a Calif Co

Wu, Joe

Central Valley Overhead Door Inc. a California Corporation

CCM Corporation, Inc.

L & L Furniture & Carpets, Inc., a California Company

Sparky Electric, Inc., a California Corporation

Builders Design Centers of America

Frankley Tile Contractors, a California Company

Windows Plus, Inc., a Dissolved California Corporation

JBJ Plumbing, Inc. a dissolved California Corporation

CDR Enterprises, Inc. a suspended California Corporation

Chavez, Frank

Soares Lumber & Fencing Inc., a California Corporation

Meeks Lumber & Hardware, a California Corporation

Attorney/Law Firm Details

Plaintiff Attorney

Golub, Mitchell S

Law Ofc Of Golub & Asso Plc 12230 El Camino Real, Ste. 210

San Diego, CA 92130

Defendant Attorney

Freedman, Karren L.

 

Court Documents

Request to Enter Default

Request to Enter Default

Request for Default Received

Request for Entry of Default; Comment: Without judgment

Order Received for Signature

Cover Sheet; Comment: Forwarded to Dept: 503 Order for: to Serve Summons on the Secretary of State Forwarded to 4th Floor Clerk's office for further processing.

Proof of Service

Proof of Service of Summons upon CCM Corporation; Comment: Proof of Service of Summons upon CCM Corporation

Declaration Filed

Declaration of Robert E. Weisenburger in Support of Plaintiff's Application for Service of Summons a; Comment: Declaration of Robert E. Weisenburger in Support of Plaintiff's Application for Service of Summons and First Amended Complaint on Defendant CDR Enterprises, Inc. Via The California Secretary of State

Order Received for Signature

Application and Proposed Order for Service of Summons, 1st Amended Complaint and Relevant Documents; Comment: PENDING REVIEW Forwarded to Dept: 503 on 07/19/16 Order for:Service of Summons, 1st Amended Complaint and Relevant Documents on Defendant CDR Enterprises, Inc., Forwarded to 4th Floor Clerk's office for further processing

Declaration Filed

Declaration Filed; Comment: of Mitchell S. Golub Re: Hearing on Order to Show Cause why Defendants have not veen served

Declaration Filed

Declaration Filed; Comment: Robert E. Weisenburger

Notice Filed

Notice Filed; Comment: Jury Fee Deposit in the amount of $150.00 on behalf of Fermin Ochoa SR

Request for Dismissal Received - Pending Review

Request for Full Dismissal; Comment: Request for Full Dismissal

Notice Filed

Notice of Settlement; Comment: Settlement. No action taken, not on mandatory judicial council form

Request to Enter Default Denied

Request to Enter Default Denied; Comment: No. #5 a, b & c were left blank

Order filed

Order filed; Judicial Officer: Simpson, Alan; Comment: service of Summons via the California Secretary of State

Order filed

Order filed; Judicial Officer: Simpson, Alan; Comment: service of summons on JBJ Plumbing Inc via California Secretary of State

Declaration Filed

Declaration of Robert E. Weisenburger in Support of Plaintiff's Application for Service of Summons a; Comment: Declaration of Robert E. Weisenburger in Support of Plaintiff's Application for Service of Summons and First Amended Complaint on Defendant L&L Furniture & Carpets, Inc. Via The California Secretary of State

Amended Document Filed

Amended Document Filed; Comment: 1st Amended Complaint

Order filed

Order filed; Judicial Officer: Simpson, Alan; Comment: for service of summons on the secretary of state as to L&L Furniture & Carpets, Inc.

Amendment filed

Civil Document; Comment: Document:Doe Amendment indicating true names of DOES 1-10

81 More Documents Available

 

Docket Entries

  • 07/19/2017
  • View Court Documents
  • Disposition: Judgment- Request for Dismissal filed; Judgment Type: Request for Dismissal filed; Party Names: Ochoa, Fermin, SR; Ochoa, Fermin, JR; Fuentes, Mario; Lotus Developments, a Calif limited Partnership; Northern California Universal Enterprise Company. a Calif Co; Wu, Joe; Builders Design Centers of America; CCM Corporation, Inc.; CDR Enterprises, Inc. a suspended California Corporation; Central Valley Overhead Door Inc. a California Corporation; Chavez, Frank; JBJ Plumbing, Inc. a dissolved California Corporation; L & L Furniture & Carpets, Inc., a California Company; Soares Lumber & Fencing Inc., a California Corporation; Sparky Electric, Inc., a California Corporation; Windows Plus, Inc., a Dissolved California Corporation; Comment: Without Prejudice

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  • 07/19/2017
  • View Court Documents
  • Disposition: Judgment- Dismissal of Party; Judgment Type: Dismissal of Party; Party Name: L & L Furniture & Carpets, Inc., a California Company; Comment: With Prejudice

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  • 02/01/2017
  • View Court Documents
  • Disposition: Judgment- Dismissal of Party; Judgment Type: Dismissal of Party; Party Name: Soares Lumber & Fencing Inc., a California Corporation; Comment: Without Prejudice

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  • 11/01/2016
  • View Court Documents
  • Disposition: Judgment- Dismissal of Party; Judgment Type: Dismissal of Party; Party Name: Wu, Joe; Comment: without prejudice.

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  • 06/26/2015
  • View Court Documents
  • Disposition: Judgment- Dismissal of Party; Judgment Type: Dismissal of Party; Party Names: Lotus Developments, a Calif limited Partnership; Northern California Universal Enterprise Company. a Calif Co; Comment: with prejudice

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  • 07/20/2017
  • Order to Show Cause - Pre- Judicial Officer: Dalesandro, Samuel; Hearing Time: 9:02 AM; Cancel Reason: Dismissed

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  • 07/19/2017
  • View Court Documents
  • Request for Dismissal Received - Pending Review- Request for Dismissal; Comment: Request for Dismissal

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  • 07/19/2017
  • View Court Documents
  • Request for Dismissal Received - Pending Review- Request for Full Dismissal; Comment: Request for Full Dismissal

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  • 04/04/2017
  • View Court Documents
  • Minute Order Attachment (Tentative Rulings Only)- Civil Document; Comment: certificate of mailing attached

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  • 04/04/2017
  • Default Hearing- Judicial Officer: Simpson, Alan; Hearing Time: 3:28 PM; Result: Uncontested; Comment: Mitchell Galub

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178 More Docket Entries
  • 05/09/2016
  • Financial info for Ochoa, Fermin, SR: Transaction Assessment $20.00

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  • 02/10/2016
  • Financial info for Ochoa, Fermin, SR: Mail Payment Receipt # CIVIL-2016-00005105 Golub, Mitchell S $24.00

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  • 02/10/2016
  • Financial info for Ochoa, Fermin, SR: Transaction Assessment $24.00

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  • 01/06/2016
  • Financial info for Ochoa, Fermin, SR: Mail Payment Receipt # CIVIL-2016-00000313 Golub, Mitchell S $150.00

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  • 01/06/2016
  • Financial info for Ochoa, Fermin, SR: Transaction Assessment $150.00

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  • 12/15/2015
  • Financial info for Ochoa, Fermin, SR: Mail Payment Receipt # CIVIL-2015-00033947 Ochoa, Fermin, SR $24.00

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  • 12/15/2015
  • Financial info for Ochoa, Fermin, SR: Transaction Assessment $24.00

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  • 12/31/2013
  • Financial info for Ochoa, Fermin, SR: Counter Payment Receipt # 185562 Ochoa, Fermin, Sr $435.00

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  • 12/31/2013
  • Financial info for Ochoa, Fermin, SR: Transaction Assessment $435.00

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  • 12/31/2013
  • Financial: Ochoa, Fermin, SR; Total Financial Assessment $897.00; Total Payments and Credits $897.00

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Complaint Information

San Diego, CA 92130

(858) 457-0300 FAX (858) 457-0301

LAW OFFICES OF GOLUB & ASSOCIATES, P.L.C. 12230 El Camino Real, Suite 210

O 00 ~J O W B W N

A M)UVYIIVINET I arr S0 = o

LAW OFFICES OF GOLUB & ASSOCIATES, P.L.C. E-FILED Mitchell S. Golub SB#110549

Steven M. McKany SB#27405 7/18/2016 Robert E. Weisenburger SB#305682 FRESNO COUNTY SUPERIOR COURT 12230 El Camino Real, Suite 210 By:J . Phillips, Deputy

San Diego, CA 92130 Phone: (858) 457-0300 Fax: (858) 457-0301

Attorneys for Plaintiffs

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

FERMIN OCHOA, SR, et. al., Case No. 13CECG03959

CONSTRUCTION DEFECT

DECLARATION OF ROBERT E.

WEISENBURGER IN SUPPORT OF PLAINTIFF’S APPLICATION FOR

SERVICE OF SUMMONS, FIRST AMENDED COMPLAINT, AND

RELEVANT DOCUMENTS ON DEFENDANT L&L FURNITURE &

CARPETS., VIA THE CALIFORNIA

SECRETARY OF STATE

e vt e’

Plaintiffs,

LOTUS DEVELOPMENTS, a California Limited Partnership; et. al. Defendants.

Complaint Filed: December 31, 2013 Dept: 401

Judge: Honorable Dale Tkeda

Trial: no date set

I, Robert E. Weisenburger, Declare:

.1. fam an attémey duly l_icensed to praétice 1dw befbre- all of the courts of fhe State of California. I am an associate at the Law Offices of Golub & Associates, PLC, counsel for Plaintiffs in the above-entitled action.

2. Ihave personal knowledge of the matters set forth herein, and could competently testify thereto if called and sworn as a witness.

3. This is a 2 home follow-on case to Michael McCoy, et al. v. Lotus Developments, et

al, Fresno Superior Court Case No. 11CCG01414.

Declaration in Support of Service of Summons, First Amended Complaint, and Relevant Documents on Defendant CDR Enterprisees, Inc. via the California Secretary of State

Declaration in Support of Service of Summons, First Amended Complaint, and Relevant Documents on Defendant CDR Enterprisees, Inc. via the California Secretary of State San Diego, CA 92130

San Diego, CA 92130

(858) 457-0300 FAX (858) 457-0301

LAW OFFICES OF GOLUB & ASSOCIATES, P.L.C. 12230 El Camino Real, Suite 210

g\]O\m-llU)N’—*O\OOOQO\U\-BWNP—‘O

4, Many of the Defendant subcontractors that provided labor and/or material in the development of the subject homes have since gone out of business and become suspended corporations.

5. Attached to this Declaration as Exhibit A is a true and correct copy of the Service Report provided by the process server hired to personally serve Defendant L&L Furniture & Carpets Inc. |

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct to the best of my knowledge.

Executed this 13th day of July 2016, at San Diego, California.

Declaration in Support of Service of Summons, First Amended Complaint, and Relevant Documents on Defendant CDR Enterprisees, Inc. via the California Secretary of State