On 04/26/2013 XXXXX was filed as a Contract - Other Contract lawsuit. This case was filed in Fresno County Superior Courts, Bf Sisk Courthouse located in Fresno, California. The Judges overseeing this case are Simpson, Alan, Smith, Bruce, Hamilton, Jeffrey Y, Black, Donald, Snauffer, Mark and Hamilton, Jeffrey Y.. The case status is Disposed - Dismissed.
*******1301
04/26/2013
Disposed - Dismissed
Fresno County Superior Courts
Bf Sisk Courthouse
Fresno, California
Simpson, Alan
Smith, Bruce
Hamilton, Jeffrey Y
Black, Donald
Snauffer, Mark
Hamilton, Jeffrey Y.
Fowler Packing Company, Inc.
Sun Pacific Marketing Cooperative, Inc.
Evans III, Berne H
Sun Pacific Shippers, L P
Sun Pacific Marketing Cooperative, Inc
Evans AG GP, Inc
Paramount Citrus Association
Maricopa Packers, L P
Evans AG GP, Inc.
Sun Pacific Shippers, L.P.
Maricopa Packers, L.P.
Evans, Berne H., III
Sun Pacific Marketing Cooperative Inc, a Calif. Corp
Sun Pacific Shippers, LP a Calif. Limited Partnership
Evans AG GP, Inc, a Nevada Corp
Paramount Citrus LLC a Delaware limited liability company
Paboojian, Warren R.
Baradat & Paboojian 720 West Alluvial Avenue
Fresno, CA 93711
Edelman, Scott A
CLARE, ANDREW S
1000 Wilshire Blvd
Los Angeles, CA 90017
Parish, William H
CLARE, ANDREW S
1000 Wilshire Blvd
Los Angeles, CA 90017
Dismissal - Other filed; Judgment Type: Dismissal - Other filed; Comment: (Without Prejudice as to ONLY the 5th Cause of Action.)
Consent to Confer filed
Notice; Comment: Notice of Non-Settlement
Order filed; Judicial Officer: Simpson, Alan; Comment: proposed report and recommendation
Letter of Documents Returned Without Filing; Comment: Proposed Report on Motion to Strike.
Motion (No Fee); Comment: in support of Sun Pacifics' Motion to Strike Expert Designations
Opposition to Request for Pre-Trial Discovery fil; Comment: Sent to Dept. 503
Declaration Filed; Comment: Dec. of Josiah M. Prendergast in Support of Opp. to Motion for Judgment on the Pleadings
Civil Document
Application; Comment: SP Proposed Special verdict
Declaration Filed; Comment: of Michael Wagner in Support of Sun Pacific's Motion in Limine
Motion in Limine filed; Comment: SP Motion in Limine No. 16 Re Wanger
Opposition; Comment: Supplemental Opposition to Sun Pacific's Motion to Compel Document Production
Reply; Comment: Reply in Support of Motion for Leave
Declaration; Comment: Declaration of Blaine Evanson
Minute Order Attachment; Comment: Clerk's Certificate of Mailing attached
Request; Comment: Received Via E-FILE
Memorandum of Points and Authorities; Comment: in Support of Opp. to Motion for Judgment on the Pleadings
Disposition: Judgment- Request for Dismissal filed; Judgment Type: Request for Dismissal filed; Party Names: Evans, Berne H., III; Sun Pacific Shippers, L.P.; Sun Pacific Marketing Cooperative, Inc.; Evans AG GP, Inc.; Paramount Citrus Association; Comment: with prejudice as to the Entire action of all paraties and all caues of action with each party to bear its own costs and fees.
Disposition: Judgment- Dismissal - Other filed; Judgment Type: Dismissal - Other filed; Comment: (As to the 12th Cause of Action for Accounting on the 4th Amended Complaint ONLY. (re: original complaint))
Disposition: Judgment- Dismissal of Party; Judgment Type: Dismissal of Party; Party Names: Sun Pacific Marketing Cooperative, Inc.; Fowler Packing Company, Inc.; Comment: Without Prejudice
Disposition: Judgment- Dismissal - Other filed; Judgment Type: Dismissal - Other filed; Party Names: Paramount Citrus LLC a Delaware limited liability company; Sun Pacific Shippers, LP a Calif. Limited Partnership; Sun Pacific Marketing Cooperative Inc, a Calif. Corp; Evans AG GP, Inc, a Nevada Corp; Comment: Without Prejudice.; Comment: (As to 1st cross complaint ONLY.)
Disposition: Judgment- Dismissal - Other filed; Judgment Type: Dismissal - Other filed; Comment: (Without Prejudice as to ONLY the 5th Cause of Action.)
Request for Dismissal Received - Pending Review- Request for Dismissal; Comment: REQUEST FOR DISMISSAL
Order filed- Civil Document; Judicial Officer: Hamilton, Jeffrey Y.; Comment: Order Re: Confidential Dispute
Chambers Work - Post- Judicial Officer: Hamilton, Jeffrey Y.; Hearing Time: 5:30 PM; Result: Chambers Work - Order Submitted for Consideration
Minute Order Attachment- Minute Order Attachment; Comment: Status Conference re: Confidential Dispute
Order Appointing Court Approved Reporter- Order Appointing Court Approved Reporter; Judicial Officer: Hamilton, Jeffrey Y.; Comment: court reporter, Rachael Espinoza
Financial info for Fowler Packing Company, Inc.: Transaction Assessment $60.00
Financial info for Fowler Packing Company, Inc.: Counter Payment Receipt # 185064 Fowler Packing Company, Inc. $20.00
Financial info for Fowler Packing Company, Inc.: Transaction Assessment $20.00
Financial info for Fowler Packing Company, Inc.: Counter Payment Receipt # 180250 Fowler Packing Company, Inc. $150.00
Financial info for Fowler Packing Company, Inc.: Transaction Assessment $150.00
Financial info for Fowler Packing Company, Inc.: Counter Payment Receipt # 179428 Fowler Packing Company, Inc. $20.00
Financial info for Fowler Packing Company, Inc.: Transaction Assessment $20.00
Financial info for Fowler Packing Company, Inc.: Counter Payment Receipt # 177126 Fowler Packing Company, Inc. $435.00
Financial info for Fowler Packing Company, Inc.: Transaction Assessment $435.00
Financial: Fowler Packing Company, Inc.; Total Financial Assessment $2,598.50; Total Payments and Credits $2,598.50
1430 Truxtun Avenue, Suite 900 SR o {7y Bakersfield, CA 93301 U " Telephone: (661) 322-6023 | e (1] Facsimile: (661) 322-3508 - = - <
T | e Attorneys for Defendants BERNE H. EVANS, III, - . i :,_J {:j SUN PACIFIC SHIPPERS, LP, SUN PACIFIC MARKETING L ;jj ” COOPERATIVE, INC., AND EVANS AG GP, INC. 0
FOWLER PACKING COMPANY, INC., | Case No. 13 CECG 01301 a California Corporation,
Plaintiff, JUDICIAL NOTICE IN SUPPORT OF THE
BERNE H. EVANS, I11, et al. AMENDED COMPLAINT
Defendants. Hearing Date: February 2, 2016 Time: 3:30 p.m. Dept.: 501 Judge: Hon. Alan Simpson
AND RELATED CROSS-ACTION Date Action Filed: April 26, 2013
Trial Date: February 16, 2016
Trial Date: February 16, 2016 Defendants, Berne H. Evans, III, Sun Pacific Shippers, L.P., Sun Pacific Marketing Cooperative, Inc., and Evans Ag Gp, Inc., (collectively referred to herein as the “SP Defendants™) through their attorney of record, requests that the Court take judicial notice pursuant to Evidence Code sections 452 and 453, and California Rule of Court 3.1306(c) of the following in support of the SP Defendants’ Motion for Judgment on the Pleadings as to Fowler’s Fourth Amended Complaint, filed concurrently herewith:
Defendants, Berne H. Evans, III, Sun Pacific Shippers, L.P., Sun Pacific Marketing Cooperative, Inc., and Evans Ag Gp, Inc., (collectively referred to herein as the “SP Defendants™) through their attorney of record, requests that the Court take judicial notice pursuant to Evidence Code sections 452 and 453, and California Rule of Court 3.1306(c) of the following in support of the SP Defendants’ Motion for Judgment on the Pleadings as to Fowler’s Fourth Amended Complaint, filed concurrently herewith:
1. Supplemental Declaration of Oliver W. Wanger in Support of Motion For Leave To File Fourth Amended Complaint Pursuant to Code Of Civil Procedure §473, May 28, 2014, a true and correct copy of which is attached hereto as Exhibit “9”;
2. Notice of Entry of Judgment, a true and correct copy of which is attached hereto as Exhibit “10”. |
The above-mentioned documents are attached to this Request with the above corresponding exhibit numbers.
When ruling on a motion for judgment ofi the pleadings, the trial court may consider not only the complaint itself, but also, any matter of which the court is required to or may take judicial notice. (Cal Civ. Code Proc. § 438(d).)
Pursuant to Evidence Code section 452, subdivision (d), the Court has authority to take judicial notice of records of any court of this state, including its own files. (See Bistawros v. Greenberg (1987) 198 Cal.App.3d 189, 192.) Here, Exhibit “9” consists of court documents filed by Fowler in this action. Exhibit “10” consists of the Notice of Entry of Judgment entered in favor of Maricopa Packers, LP., and served on all parties following the Court’s ruling on the SP Defendants’ demurrer.
Pursuant to Evidencé Code section 452, subdivision (h), the Court may take judicial nbtice of facts that are not reasonably in dispute and are capable of immediate and accurate
determination by resort to sources of reasonably indisputable accuracy. (Evid. Code § 452(h);
determination by resort to sources of reasonably indisputable accuracy. (Evid. Code § 452(h); Estate of Rudolf (180) 112 Cal.App.3d 81, 84.) Judicial notice under this section is intended to cover facts which are not reasonably subject to dispute and are easily verified.
Estate of Rudolf (180) 112 Cal.App.3d 81, 84.) Judicial notice under this section is intended to cover facts which are not reasonably subject to dispute and are easily verified.
The items requested to be judicially noticed are relevant to the Motion for Judgment on the Pleadings as the Declaration of Oliver Wanger concedes that the factual basis for the first and seventh causes of action are substantially similar. Also, the notice of entry of judgment indicates that the judgment dismissing Méricopa Packeré was served on all parties. As is more fully laid out in the SP Defendants’ Memorandum in Support of Motion for Judgment on the Pleadings, these documents are necessary for the arguments contained therein.
Based upon the foregoing, the SP Defendants respectfully request that this Court take
judicial notice of the above-listed documents.
Date: January Z¢, 2016 FRAME, MATSUMOTO & COELHO LLP
By: Gary J. Coelho 11, Attomeys for Defendants, BERNE H. EVANS, III, SUN PACIFIC MARKETING COOPERATIVE, INC.,, SUN PACIFIC SHIPPERS, LP, and EVANS AG GP, INC.
By: Gary J. Coelho 11, Attomeys for Defendants, BERNE H. EVANS, III, SUN PACIFIC MARKETING COOPERATIVE, INC.,, SUN PACIFIC SHIPPERS, LP, and EVANS AG GP, INC. TN — e
TN — e
My business address is 265 East River Park Ciicle, Suite 310, Post Office Box 28340, Fresno, California 93729. I am employed in Fresno County, Cahforma. I am over the age of 18 years and am not a party to this case.
On the date indicated below, I served the foregoing document(s) described as SUPPLEMENTAL DECLARATION OF OLIVER W, WANGER IN SUPPORT OF MOTION FOR LEAVE TO FILE FOURTH AMENDED COMPLAINT, PURSUANT TO CODE OF CIVIL PROCEDURE § 473 on all interested parties in this action by placmg a true copy thereof enclosed in sealed envelopes addressed as follows:
(BY MAIL) I am readily familiar with the business practice for collection and
processing of correspondence for mailing, and that correspondence, with postage
thereon fully prepaid, will be deposited with the United States Postal Service on . the date noted below in the ordinary course of business, at Fresno, California.
(BY PERSONAL SERVICE) I caused dehvery of such envelope(s), by hand, to the office(s) of the addressee(s).
X (BY OVERNIGHT COURIER) I cefised the above-referenced envelope(s) to be delivered to an overnight courier service for delivery to the addressee(s).
EXECUTED ON May 28, 2014, at Fresno, California.
X (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. |
(FEDERAL) I declare that I am- employed in this office of a member of the bar of th1$ court at whose direction this service was made. ~
7 Deborah Pell
{7384/002/00471384.DOCX} 12
Andrew S. Clare, Esq.
LOEB & LOEB, LLP
10100 Santa Monica Blvd., Suite 2200
Los Angeles, CA 90067
Attorneys for Defendant and Cross-Complainant Paramount C1trus LLC
Daniel A. Beck, Esq. Adam P. Zaffos, Esq.
11444 West Olympic Blvd. Los Angeles, CA 90064-1557 Attorneys for Defendant and Cross-Complainant Paramount Citrus, LLC
Stephen Clifford, Esq.
1430 Truxtun Avenue, Suite 900
Bakersfield, CA 93301
Attorneys for Berne H. Evans, ITI, Sun Pacific Shippers, LP, Sun Pacific Marketlng Cooperative, Inc. and Evans Ag GP Inc.
Roger Schrimp, Esq.
DAMRELL, NELSON, SCHRIMP, PALLIOS, PACHER & SILVA
1601 I Street, Fifth Floor
Modesto, CA 95354
Attorneys for Berne H. Evans, III, Sun Pacific Shippers, LP, Sun Pacific Marketing Cooperative, Inc. and Evans Ag GP Inc.
Ted R. Frame, Esq.
3265 W. Figarden Dr., Ste. 201
Fresno, CA 93711
Attorneys for Berne H. Evans, III, Sun Pacific Shippers, LP Sun Pac1fic Marketmg Cooperative, Inc. and Evans Ag GP Inc.
William H. Parish
WILLIAM PARISH, PLC
1919 Grand Canal Boulevard Suite A-5 Stockton, CA 95207
Attomeys for Maricopa Packers, L.P.