This case was last updated from Fresno County Superior Courts on 03/03/2018 at 16:33:07 (UTC).

XXXXX

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1301

  • Filing Date:

    04/26/2013

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • Court:

    Fresno County Superior Courts

  • Courthouse:

    Bf Sisk Courthouse

  • County, State:

    Fresno, California

Judge Details

Judges

Simpson, Alan

Smith, Bruce

Hamilton, Jeffrey Y

Black, Donald

Snauffer, Mark

Hamilton, Jeffrey Y.

 

Party Details

Plaintiffs and Defendants

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

Cross Plaintiffs

Sun Pacific Marketing Cooperative Inc, a Calif. Corp

Sun Pacific Shippers, LP a Calif. Limited Partnership

Evans AG GP, Inc, a Nevada Corp

Cross Defendant

Paramount Citrus LLC a Delaware limited liability company

Attorney/Law Firm Details

Plaintiff, Defendant and Cross Plaintiff Attorneys

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

Defendant and Cross Defendant Attorney

CLARE, ANDREW S

1000 Wilshire Blvd

Los Angeles, CA 90017

 

Court Documents

Judgment

Dismissal - Other filed; Judgment Type: Dismissal - Other filed; Comment: (Without Prejudice as to ONLY the 5th Cause of Action.)

Consent to Confer filed

Consent to Confer filed

Notice Filed

Notice; Comment: Notice of Non-Settlement

Order filed

Order filed; Judicial Officer: Simpson, Alan; Comment: proposed report and recommendation

Letter of Documents Returned Without Filing

Letter of Documents Returned Without Filing; Comment: Proposed Report on Motion to Strike.

Memorandum of Points and Authorities

Motion (No Fee); Comment: in support of Sun Pacifics' Motion to Strike Expert Designations

Opposition to Request for Pre-Trial Discovery filed

Opposition to Request for Pre-Trial Discovery fil; Comment: Sent to Dept. 503

Declaration Filed

Declaration Filed; Comment: Dec. of Josiah M. Prendergast in Support of Opp. to Motion for Judgment on the Pleadings

Request for Pre-Trial Discovery filed

Civil Document

Application Filed

Application; Comment: SP Proposed Special verdict

Declaration Filed

Declaration Filed; Comment: of Michael Wagner in Support of Sun Pacific's Motion in Limine

Motion in Limine filed

Motion in Limine filed; Comment: SP Motion in Limine No. 16 Re Wanger

Opposition filed

Opposition; Comment: Supplemental Opposition to Sun Pacific's Motion to Compel Document Production

Reply filed

Reply; Comment: Reply in Support of Motion for Leave

Declaration Filed

Declaration; Comment: Declaration of Blaine Evanson

Minute Order Attachment

Minute Order Attachment; Comment: Clerk's Certificate of Mailing attached

Request for Dismissal Received - Pending Review

Request; Comment: Received Via E-FILE

Memorandum of Points and Authorities

Memorandum of Points and Authorities; Comment: in Support of Opp. to Motion for Judgment on the Pleadings

269 More Documents Available

 

Docket Entries

  • 06/05/2017
  • View Court Documents
  • 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.

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  • 09/27/2016
  • View Court Documents
  • 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))

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  • 09/20/2016
  • View Court Documents
  • Disposition: Judgment- Dismissal of Party; Judgment Type: Dismissal of Party; Party Names: Sun Pacific Marketing Cooperative, Inc.; Fowler Packing Company, Inc.; Comment: Without Prejudice

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  • 02/02/2016
  • View Court Documents
  • 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.)

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  • 01/20/2016
  • View Court Documents
  • Disposition: Judgment- Dismissal - Other filed; Judgment Type: Dismissal - Other filed; Comment: (Without Prejudice as to ONLY the 5th Cause of Action.)

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  • 06/05/2017
  • View Court Documents
  • Request for Dismissal Received - Pending Review- Request for Dismissal; Comment: REQUEST FOR DISMISSAL

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  • 05/01/2017
  • View Court Documents
  • Order filed- Civil Document; Judicial Officer: Hamilton, Jeffrey Y.; Comment: Order Re: Confidential Dispute

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  • 05/01/2017
  • Chambers Work - Post- Judicial Officer: Hamilton, Jeffrey Y.; Hearing Time: 5:30 PM; Result: Chambers Work - Order Submitted for Consideration

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  • 04/28/2017
  • View Court Documents
  • Minute Order Attachment- Minute Order Attachment; Comment: Status Conference re: Confidential Dispute

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  • 04/28/2017
  • View Court Documents
  • Order Appointing Court Approved Reporter- Order Appointing Court Approved Reporter; Judicial Officer: Hamilton, Jeffrey Y.; Comment: court reporter, Rachael Espinoza

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662 More Docket Entries
  • 04/11/2014
  • Financial info for Fowler Packing Company, Inc.: Transaction Assessment $60.00

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  • 12/13/2013
  • Financial info for Fowler Packing Company, Inc.: Counter Payment Receipt # 185064 Fowler Packing Company, Inc. $20.00

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  • 12/13/2013
  • Financial info for Fowler Packing Company, Inc.: Transaction Assessment $20.00

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  • 07/24/2013
  • Financial info for Fowler Packing Company, Inc.: Counter Payment Receipt # 180250 Fowler Packing Company, Inc. $150.00

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  • 07/24/2013
  • Financial info for Fowler Packing Company, Inc.: Transaction Assessment $150.00

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  • 06/28/2013
  • Financial info for Fowler Packing Company, Inc.: Counter Payment Receipt # 179428 Fowler Packing Company, Inc. $20.00

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  • 06/28/2013
  • Financial info for Fowler Packing Company, Inc.: Transaction Assessment $20.00

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  • 04/26/2013
  • Financial info for Fowler Packing Company, Inc.: Counter Payment Receipt # 177126 Fowler Packing Company, Inc. $435.00

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  • 04/26/2013
  • Financial info for Fowler Packing Company, Inc.: Transaction Assessment $435.00

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  • 04/26/2013
  • Financial: Fowler Packing Company, Inc.; Total Financial Assessment $2,598.50; Total Payments and Credits $2,598.50

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Complaint Information

CLIFFORD & BROWN 21T = —

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

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO — CENTRAL DIVISION

FOWLER PACKING COMPANY, INC., | Case No. 13 CECG 01301 a California Corporation,

SUPPLEMENTAL REQUEST FOR

Plaintiff, JUDICIAL NOTICE IN SUPPORT OF THE

- REPLY TO PLAINTIFF’S OPPOSITION TO V- MOTION FOR JUDGMENT ON THE PLEADINGS AS TO THE SEVENTH CAUSE EILE] DEPUTY OF ACTION IN PLAINTIFF’S FOURTH

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.

JUDICIAL NOTICE OF THE ABOVE DOCUMENTS IS PROPER

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

~ / - PROOF OF SERVICE

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:

SEE ATTACHED SERVICE LIST

(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

SERVICE LIST

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.

ROLL LAW GROUP PC

11444 West Olympic Blvd. Los Angeles, CA 90064-1557 Attorneys for Defendant and Cross-Complainant Paramount Citrus, LLC

Stephen Clifford, Esq.

CLIFFORD & BROWN

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.

FRAME MATSUMOTO & COELHO

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.

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